37772 Federal Register / Vol. 68, No. 122 / Wednesday, June 25, 2003 / Rules and Regulations
* * * * * DEPARTMENT OF COMMERCE October 15, 2002, the U.S. District Court
[FR Doc. 03–15767 Filed 6–24–03; 8:45 am] for the District of Columbia issued a
BILLING CODE 6560–50–S National Oceanic and Atmospheric final order upholding the VMS
Administration regulation. Following the favorable
court ruling, NMFS began working to
FEDERAL COMMUNICATIONS 50 CFR Part 635 reinstate the VMS requirement.
COMMISSION On March 11, 2003, NMFS published
[Docket No. 030617153–3153–01; I.D.
a notice in the Federal Register (68 FR
47 CFR Part 25 11534) and corrected it on March 27,
RIN 0648–AR29 2003 (68 FR 14949), to provide a list of
[IB Docket 98–21; FCC 02–110] the NMFS-approved VMS units for use
Atlantic Highly Migratory Species by pelagic longline vessels in the
Policies and Rules for the Direct (HMS) Fisheries; Vessel Monitoring Atlantic Highly Migratory Species
Broadcast Satellite Service; Correction Systems (VMS) (HMS) Fisheries and set forth relevant
AGENCY: Federal Communications features of each VMS. The notification
AGENCY: National Marine Fisheries
Commission. was issued to update and replace the
Service (NMFS), National Oceanic and
ACTION: Correcting amendments. approval notice published on September
Atmospheric Administration (NOAA),
9, 1999. An additional type approval
SUMMARY: This document contains a
Department of Commerce.
notice was published on May 1, 2003
correction to final regulations which ACTION: Final rule; amendment of (68 FR 23285).
were published Wednesday, August 7, effective date. NMFS also submitted a request to the
2002 (67 FR 51110). The regulations Office of Management and Budget
SUMMARY: This document amends the
relates to Policy and Rules for the Direct (OMB) to reinstate approval for VMS
Broadcast Satellite Service. effective date for the requirement to information collection under the
have a NOAA-approved, VMS unit provisions of the Paperwork Reduction
DATES: Effective June 25, 2003.
installed and operating on any vessel Act. A notice regarding this collection
FOR FURTHER INFORMATION CONTACT: leaving port to fish for HMS with
Selina Y. Khan, Attorney Advisor, was published in the Federal Register
pelagic longline gear on board to on November 18, 2002 (67 FR 69506).
Satellite Division, International Bureau, September 1, 2003.
telephone (202) 418–7282 or via the The second notice of OMB review was
DATES: Effective September 1, 2003. published in the Federal Register on
Internet at firstname.lastname@example.org.
ADDRESSES: To obtain copies of the list March 19, 2003 (68 FR 13280). OMB
of NOAA-approved VMS mobile approved the VMS information
Background transmitting units and NOAA-approved collection request on May 10, 2003.
The final rule document published on VMS communications service providers, The placement of VMS units on
write to NMFS Office for Law fishing vessels in this fishery will
Wednesday, August 7, 2002 publishes
Enforcement (OLE), 8484 Georgia enable NMFS to determine vessel
47 CFR 25.114 by adding paragraph
Avenue, Suite 415, Silver Spring, MD locations and will complement the
(c)(22) instead of paragraph (c)(23).
20910. Agency’s efforts to monitor and enforce
Need for Correction compliance with applicable regulations.
FOR FURTHER INFORMATION CONTACT: For
As published, the final regulations Because fishermen need time to
information regarding the requirement purchase and install VMS, the VMS rule
contain an error which may prove to be contact Chris Rilling, Highly Migratory
misleading and are in need of will be effective September 1, 2003,
Species Management Division (F/SF1), which provides approximately 60 days
clarification. Office of Sustainable Fisheries, National for affected fishermen to come into
List of Subjects in 47 CFR Part 25 Marine Fisheries Service, 1315 East- compliance.
West Highway, Silver Spring, MD
Satellites. 20910, phone 301–713–2347. For Classification
Federal Communications Commission. current listing of approved VMS units This action is published under the
Marlene H. Dortch, contact Mark Oswell, Outreach authority of the Magnuson-Stevens
Secretary. Specialist, phone 301–427–2300, fax Fishery Conservation and Management
s Accordingly, 47 CFR part 25 is 301–427–2055. For questions regarding Act. The Assistant Administrator (AA)
corrected by making the following VMS installation and activation has determined that implementation of
correcting amendments: checklists, contact Jonathan Pinkerton, a VMS program in the pelagic longline
National VMS Program Manager, phone fishery is necessary to monitor and
PART 25—SATELLITE 301–427–2300, fax 301–427–2055. enforce closed areas implemented to
COMMUNICATIONS The public may acquire this notice, reduce bycatch. The AA finds that good
installation checklist, and relevant cause exists to waive the requirement to
s 1. The authority citation for part 25 updates via the ‘‘fax-back’’ service, or at provide prior notice and the
continues to read as follows: the OLE website http:// opportunity for comment, pursuant to
Authority: U.S.C. 701744. Interprets or www.nmfs.noaa.gov/ole/vms.html. authority set forth at 5 U.S.C. 553(b)(B),
applies 47 U.S.C. 51, 154, 302, 303, and 307, SUPPLEMENTARY INFORMATION: On May as such procedures would be
unless otherwise noted.
28, 1999, NMFS issued a regulation (64 unnecessary and contrary to the public
§ 25.114 [Amended] FR 29090) codified at 50 CFR 635.69(a), interest. This amendment establishes a
requiring all commercial pelagic new effective date for the HMS VMS
s 2. Amend § 25.114 by redesignating
longline vessels fishing for Atlantic rule, which had been suspended due to
the second paragraph (c)(22) as
HMS to install a NMFS-approved VMS litigation. NMFS provided for prior
unit. Due to litigation, the requirement notice and comment before
[FR Doc. 03–15963 Filed 6–24–03; 8:45 am] was stayed indefinitely on October 1, promulgating the HMS VMS rule in
BILLING CODE 6712–01–P 2000 (66 FR 1907, January 10, 2001). On 1999, then provided for additional
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Federal Register / Vol. 68, No. 122 / Wednesday, June 25, 2003 / Rules and Regulations 37773
public comment pursuant to a court Authority: 16 U.S.C. 1801, et seq. Atlantic Tunas Convention Act. The
order. The court upheld the rule on all Dated: June 20, 2003. Assistant Administrator for Fisheries,
counts and issued a final order in John Oliver, NOAA (AA), has determined that this
October, 2002. Subsequently, NMFS Deputy Assistant Administrator for
rule is consistent with the Magnuson-
renewed its Paperwork Reduction Act Operations, National Marine Fisheries Stevens Act and other applicable laws.
(PRA) approval, which included Service. The AA finds that good cause exists
additional public comment on the [FR Doc. 03–16085 Filed 6–24–03; 8:45 am] to waive the requirement to provide
information collection under the rule, BILLING CODE 3510–22–S prior notice and the opportunity for
and completed type approvals for VMS comment, pursuant to authority set forth
units for the fishery. This amendment at 5 U.S.C. 553(b)(B), as such procedures
does not change any substantive DEPARTMENT OF COMMERCE would be unnecessary. This rule makes
provisions of the HMS VMS rule, but a minor, non-substantive change to
provides a new effective date, as the National Oceanic and Atmospheric correct an incorrect reference to another
original date was suspended because of Administration regulation. Because this rule makes non-
the court case. Further delay of this rule substantive or de minimus changes to
to provide additional opportunity for 50 CFR Part 635 the existing regulations, the AA also
public comment is contrary to the finds good cause, under 5 U.S.C. 553(d),
[Docket No. 000629197–3147–04; I.D.
public interest because fishing is 032900A] not to delay for 30 days the effective
currently underway, and VMS would date of this action. NMFS has the ability
facilitate efficient allocation of limited RIN 0648–AN06
to rapidly communicate the
enforcement resources to meet amendments in this rule to fishery
management objectives, including time Atlantic Highly Migratory Species
(HMS); Monitoring of Recreational participants through its FAX network
and area closures established to protect and HMS Information Line.
juvenile fish and protected species. U.S. Landings; Retention Limit for
Recreationally Landed North Atlantic Because prior notice and opportunity
Atlantic pelagic longline vessels operate for public comment are not required for
in fishing areas in the Atlantic Ocean, Swordfish; Technical Amendment
this rule by 5 U.S.C. 553, or by any other
Caribbean Sea, and Gulf of Mexico, and AGENCY: National Marine Fisheries law, the analytical requirements of the
given increased commitments to Service (NMFS), National Oceanic and Regulatory Flexibility Act, 5 U.S.C. 601
homeland security, VMS will play an Atmospheric Administration, et seq., are inapplicable.
important role in determining Commerce.
deployment of at-sea resources. This action is not significant under
ACTION: Final rule; technical
the meaning of Executive Order 12866.
This rule refers to collection-of- amendment.
information requirements subject to the List of Subjects in 50 CFR Part 635
PRA and which have been approved by SUMMARY: This document clarifies and
OMB under control number 0648–0372. corrects a cross-reference in final Fisheries, Fishing, Fishing vessels,
Public reporting burden for these regulations that were published in the Foreign relations, Intergovernmental
requirements is estimated to average 4 Federal Register of Tuesday, January 7, relations, Penalties, Reporting and
hours for installation of equipment, 2 2003. The final rule amended the recordkeeping requirements, Statistics,
hours for annual maintenance of the regulations governing Atlantic billfish Treaties.
equipment (beginning in the second and North Atlantic swordfish Dated: June 19, 2003.
year), 0.3 seconds per automated recreational fisheries. John Oliver,
position report from the automated DATES: Effective on June 25, 2003. Deputy Assistant Administrator for
equipment, and 5 minutes to complete FOR FURTHER INFORMATION CONTACT: Operations, National Marine Fisheries
and return a one-time installation Russell Dunn or Richard A. Pearson at Service.
checklist. These estimates include the 727–570–5447. s Accordingly, 50 CFR part 635 is
time for reviewing instructions, SUPPLEMENTARY INFORMATION: In a final corrected by making the following
searching existing data sources, rule published on January 7, 2003, (68 correcting amendment:
gathering and maintaining the data FR 711), an amendment to § 635.5(c)
needed, and completing and reviewing inadvertently contained an incorrect PART 635—ATLANTIC HIGHLY
the collection of information. Send reference in the last sentence. The MIGRATORY SPECIES
comments regarding this burden sentence indicated that HMS
estimate, or any other aspect of this data tournament landings must be reported s 1. The authority citation for part 635
collection, including suggestions for to NMFS as specified under § 635.5(c) of continues to read as follows:
reducing the burden, to NMFS (see FOR the section. HMS tournament landing Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
FURTHER INFORMATION CONTACT) and reports are actually specified and 1801 et seq.
OMB at the Office of Information and described under § 635.5(d) of the
Regulatory Affairs, Office of s 2. In § 635.5, the last sentence in
section. This amendment to the final paragraph (c) introductory text is revised
Management and Budget, Washington, rule removes the incorrect reference to
DC. 20503 (Attention: NOAA Desk to read as follows:
tournament reporting at § 635.5(c) and
Officer). replaces it with the correct reference to § 635.5 Recordkeeping and reporting.
Notwithstanding any other provision tournament reporting as specified at * * * * *
of the law, no person is required to § 635.5(d).
respond to, nor shall any person be (c) Anglers. * * * Tournament
subject to a penalty for failure to comply Classification landings must be reported as specified
with, a collection of information subject This rule is published under the under paragraph (d) of this section.
to the requirements of the PRA, unless authority of the Magnuson-Stevens * * * * *
that collection of information displays a Fishery Conservation and Management [FR Doc. 03–16087 Filed 6–24–03; 8:45 am]
currently valid OMB Control Number. Act (Magnuson-Stevens Act) and the BILLING CODE 3510–22–S
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