Rule2021-16670
Atlantic Highly Migratory Species; Federal Atlantic Tunas Regulations in Maine State Waters
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 5, 2021
Effective
September 7, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is adding Maine to the list of states for which NMFS has determined that Federal Atlantic tunas regulations are applicable within state waters, consistent with section 9(d) of the Atlantic Tunas Convention Act (ATCA) and implementing regulations. NMFS is taking this action after considering a request from the Maine Department of Marine Resources (MEDMR) and reviewing the state's relevant laws and regulations. Most states and territories bordering the Atlantic and Gulf of Mexico are currently included in the list, except Maine, Connecticut, and Mississippi. This addition of Maine to the list makes Federal Atlantic tunas regulations--including but not limited to open and closed seasons, retention limits, size limits, authorized gears and gear restrictions, and permitting and reporting requirements-- applicable in Maine state waters.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 148 (Thursday, August 5, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Rules and Regulations]
[Pages 42743-42744]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16670]
[[Page 42743]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 210730-0154]
RIN 0648-BK35
Atlantic Highly Migratory Species; Federal Atlantic Tunas
Regulations in Maine State Waters
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is adding Maine to the list of states for which NMFS has
determined that Federal Atlantic tunas regulations are applicable
within state waters, consistent with section 9(d) of the Atlantic Tunas
Convention Act (ATCA) and implementing regulations. NMFS is taking this
action after considering a request from the Maine Department of Marine
Resources (MEDMR) and reviewing the state's relevant laws and
regulations. Most states and territories bordering the Atlantic and
Gulf of Mexico are currently included in the list, except Maine,
Connecticut, and Mississippi. This addition of Maine to the list makes
Federal Atlantic tunas regulations--including but not limited to open
and closed seasons, retention limits, size limits, authorized gears and
gear restrictions, and permitting and reporting requirements--
applicable in Maine state waters.
DATES: This final rule is effective on September 7, 2021.
ADDRESSES: Copies of this rule and supporting documents are available
from the HMS Management Division website at <a href="https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species">https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species</a>.
FOR FURTHER INFORMATION CONTACT: Carrie Soltanoff
(<a href="/cdn-cgi/l/email-protection#aecdcfdcdcc7cb80ddc1c2dacfc0c1c8c8eec0c1cfcf80c9c1d8"><span class="__cf_email__" data-cfemail="711210030318145f021e1d05101f1e1717311f1e10105f161e07">[email protected]</span></a>) or Larry Redd, Jr. (<a href="/cdn-cgi/l/email-protection#64080516161d4a16010000240a0b05054a030b12"><span class="__cf_email__" data-cfemail="65090417171c4b17000101250b0a04044b020a13">[email protected]</span></a>) at
301-427-8503.
SUPPLEMENTARY INFORMATION: Atlantic tunas fisheries are managed under
the authority of ATCA (16 U.S.C. 971 et seq.) and the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act; 16
U.S.C. 1801 et seq.). The 2006 Consolidated Atlantic Highly Migratory
Species (HMS) Fishery Management Plan (FMP) and its amendments are
implemented by regulations at 50 CFR part 635. Section 9(d) of ATCA, 16
U.S.C. 971g(d)(2), states that regulations promulgated to implement
recommendations of the International Commission for the Conservation of
Atlantic Tunas (ICCAT) shall apply within the boundaries of any state
bordering the Convention area (the Atlantic Ocean and adjacent seas) if
the Secretary of Commerce, after notice and an opportunity for the
state to request a formal hearing, determines that such state does not
implement regulations consistent with ICCAT recommendations or if state
regulations are less restrictive than the Federal regulations or are
not effectively enforced. For Atlantic tunas, section 9(d) of ATCA is
implemented in the Atlantic HMS regulations at 50 CFR 635.1(b).
Atlantic tunas regulations in part 635 include open and closed seasons,
retention limits, size limits, authorized gears and gear restrictions,
and permitting and reporting requirements, among others. Atlantic tunas
managed under the regulations in part 635 are bluefin, bigeye,
albacore, yellowfin, and skipjack tunas.
Background
The proposed rule published on April 26, 2021 (86 FR 22006).
Additional background on this rulemaking can be found in that proposed
rule and is not repeated here. The comment period for the proposed rule
closed on June 10, 2021.
This final rule adds Maine to the list of states at Sec. 635.1(b),
making Federal Atlantic tunas regulations at 50 CFR part 635 applicable
within Maine state waters. In reviewing Maine marine resource laws and
regulations regarding tuna fishing in state waters and based on
consideration of public comments, NMFS has determined that application
of Federal regulations in state waters is warranted, consistent with
the State's request and the ATCA criteria. The ATCA criteria require
the Secretary of Commerce, after notice and an opportunity for the
State to request a formal hearing, to determine whether applicable
states implement regulations consistent with ICCAT recommendations and
if state regulations are less restrictive than the Federal regulations
or are not effectively enforced. NMFS determined that the State does
not meet the criteria, particularly given the State's communication
that it can no longer ensure that state regulations are consistent with
the Federal regulations on an ongoing basis. The State of Maine did not
request a formal hearing for this action although NMFS held a public
webinar to collect public comment on May 14, 2021.
This rule will provide regulatory consistency; enhance enforcement
of season closures, retention limits, size limits, and other Federal
tunas regulations in Maine state waters; and address regulation given
the State of Maine's observation of increased commercial tuna fishing
activity in state waters. This change also will more directly ensure
that any tunas landed in state waters are reported in compliance with
regulations implementing ICCAT requirements.
Response to Comments
NMFS did not receive written comments on the proposed rule but did
receive a comment during the public webinar. NMFS summarizes and
responds to the comment below.
Comment 1: MEDMR commented that this action would ensure the long-
term viability of their fleet and shore side businesses and ensure
sustainable management of the tuna fisheries. MEDMR reiterated their
request for this regulatory change and their lack of capacity to stay
in sync with the highly dynamic Federal tuna management regulations.
Response: NMFS agrees that Atlantic bluefin tuna management is
dynamic, and NMFS agrees that implementation of Federal regulations in
Maine state waters will better ensure that tuna fishing activities in
Maine state waters are consistent with Federal management measures such
as open and closed seasons, retention limits, size limits, authorized
gears and gear restrictions, and permitting and reporting requirements.
This will simplify and help ensure sustainable management within the
ranges of Atlantic tunas stocks.
Changes From the Proposed Rule
The final rule contains no changes from the proposed rule.
Classification
The NMFS Assistant Administrator has determined that this final
rule is consistent with the 2006 Consolidated Atlantic HMS FMP and its
amendments, the Magnuson-Stevens Act, ATCA, and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule does not include any change to a collection of
information requirement for purposes of the Paperwork Reduction Act of
1995. The existing collection of information requirements continue to
apply under the following OMB Control Numbers: 0648-0327 Atlantic HMS
Permit Family of Forms, 0648-0328 Atlantic HMS
[[Page 42744]]
Recreational Landings Reports, and 0648-0371 HMS Vessel Logbooks and
Cost-Earnings Reports.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Statistics,
Treaties.
Dated: July 30, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 635 is amended
as follows:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
0
1. The authority citation for part 635 continues to read as follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
0
2. In Sec. 635.1, revise paragraph (b) to read as follows:
Sec. 635.1 Purpose and scope.
* * * * *
(b) Under section 9(d) of ATCA, NMFS has determined that the
regulations contained in this part with respect to Atlantic tunas are
applicable within the territorial sea of the United States adjacent to,
and within the boundaries of, the States of Maine, New Hampshire,
Massachusetts, Rhode Island, New York, New Jersey, Delaware, Maryland,
Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama,
Louisiana, and Texas, and the Commonwealths of Puerto Rico and the
Virgin Islands. NMFS will undertake a continuing review of State
regulations to determine if regulations applicable to Atlantic tunas,
swordfish, or billfish are at least as restrictive as regulations
contained in this part and if such regulations are effectively
enforced. In such case, NMFS will file with the Office of the Federal
Register for publication notification of the basis for the
determination and of the specific regulations that shall or shall not
apply in the territorial sea of the identified State.
[FR Doc. 2021-16670 Filed 8-4-21; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 5, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.