Rule2022-04263
RIN 0648-BK44
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
March 1, 2022
Effective
March 1, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule makes editorial corrections to the regulations for Atlantic highly migratory species (HMS). This final rule corrects citations that are currently incorrect due to changes to references in other parts of the regulations. In addition, this final action corrects minor technical items in the regulations that are missing, inconsistent, or incorrect, and also clarifies extraneous language to make the regulations more readable. The rule is administrative in nature and does not make any change with substantive effect to the regulations for HMS fisheries.
Full Text
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<title>Federal Register, Volume 87 Issue 40 (Tuesday, March 1, 2022)</title>
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[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Rules and Regulations]
[Pages 11322-11325]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-04263]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 220216-0050]
RIN 0648-BK44
Atlantic Highly Migratory Species; Consistency Modifications and
Corrections
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; technical corrections.
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SUMMARY: This final rule makes editorial corrections to the regulations
for Atlantic highly migratory species (HMS). This final rule corrects
citations that are currently incorrect due to changes to references in
other parts of the regulations. In addition, this final action corrects
minor technical items in the regulations that are missing,
inconsistent, or incorrect, and also clarifies extraneous language to
make the regulations more readable. The rule is administrative in
nature and does not make any change with substantive effect to the
regulations for HMS fisheries.
DATES: This final rule is effective on March 1, 2022.
ADDRESSES: Documents related to HMS fisheries management, such as the
2006 Consolidated Atlantic HMS Fishery Management Plan (2006
Consolidated HMS FMP) and its amendments, 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> or upon request from the HMS
Management Division by phone at 301-427-8503.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., <a href="/cdn-cgi/l/email-protection#167a7764646f3864737272567879777738717960"><span class="__cf_email__" data-cfemail="620e0310101b4c10070606220c0d03034c050d14">[email protected]</span></a>,
Thomas Warren, <a href="/cdn-cgi/l/email-protection#f084989f9d9183de87918282959eb09e9f9191de979f86"><span class="__cf_email__" data-cfemail="f4809c9b999587da83958686919ab49a9b9595da939b82">[email protected]</span></a>, or Steve Durkee,
<a href="/cdn-cgi/l/email-protection#3b484f5e4d5e155f4e49505e5e7b55545a5a155c544d"><span class="__cf_email__" data-cfemail="4132352437246f2534332a2424012f2e20206f262e37">[email protected]</span></a>, by phone at 301-427-8503.
SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries are managed under the
dual authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and the
Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). The 2006
Consolidated HMS FMP and its amendments are implemented by regulations
at 50 CFR part 635.
Background
Since publishing the 2006 Consolidated HMS FMP, NMFS has
[[Page 11323]]
amended the FMP 12 times through the fishery management plan amendment
process and has made numerous other regulatory changes through
framework actions. With this volume of regulatory action, in addition
to changes in non-HMS fisheries regulations, inadvertent errors and
inconsistencies have accumulated in the regulations and regulatory
cross-references over time. This technical amendment corrects missing,
inconsistent, or incorrect language, and clarifies extraneous language
in the HMS regulations at 50 CFR part 635. It also corrects cross-
references to regulations as appropriate.
Clarification Corrections
This final action clarifies the HMS regulations as follows:
The regulation at Sec. 635.4(a)(10) provides permit conditions for
HMS permit holders. The regulation unintentionally omitted ``Atlantic
tunas'' permits. Adding ``Atlantic tunas'' clarifies this regulation
and removes any confusion for permit holders who hold multiple types of
HMS permits. The associated rulemaking that established this
requirement was the 2006 Consolidated HMS FMP (71 FR 58058; October 2,
2006).
The regulation at Sec. 635.5(a)(4) currently states that owners
permitted under the Atlantic Tunas General, Harpoon, or HMS Charter/
Headboat categories must report bluefin tuna discards in the NMFS
electronic catch reporting system. This rule clarifies that they must
report only dead discards, not live releases. The associated rulemaking
that established this requirement was Amendment 7 to the 2006
Consolidated HMS FMP (79 FR 71509; December 2, 2014).
Several changes are being made at Sec. 635.5(d) to remove and
modify language to clarify the tournament operator requirements.
Specifically, this final rule:
<bullet> Removes the redundant language, ``HMS Management
Division,'' in two locations.
<bullet> Removes an excessive and unnecessary phrase (``. . . by
submitting information on the purpose, dates, and location of the
tournament to NMFS'') for clarity.
<bullet> Removes the sentence ``NMFS will notify the tournament
operator in writing when a tournament has been selected for
reporting,'' as this sentence is no longer needed due to a previous
notice that notified the affected community that all tournaments are
automatically selected for reporting (83 FR 63831; December 12, 2018).
<bullet> Removes the phrase ``that are selected to report'' because
all Atlantic HMS tournaments are selected for reporting, which began on
January 1, 2019. The associated notice for this this requirement was
published on July 17, 2018 (83 FR 33148).
<bullet> Adds the phrase ``. . . details of the tournament catch
and fishing activities, completing all required fields on the NMFS
tournament summary report no later than 7 days after tournament fishing
has ended'' and removes the language ``. . . a record of catch and
effort on forms available from NMFS. Tournament operators must submit
the completed forms to NMFS, at an address designated by NMFS,
postmarked no later than the 7th day after the conclusion of the
tournament, and must attach a copy of the tournament rules'' to clarify
the regulation language. The associated rulemaking that established
this requirement was the 2006 Consolidated HMS FMP (71 FR 58058;
October 2, 2006). These removals and modifications provide further
clarity to the regulation.
Typographical Corrections
This final action corrects two typographical errors in the HMS
regulations. The regulation at Sec. 635.19(e)(1) does not capitalize
the words ``North'' and ``South.'' This final action corrects this
error and capitalizes ``North'' and ``South.''
Consistency Corrections
This final rule corrects the Atlantic Tunas General category permit
name as it has been incorrectly cited in several locations. The
regulations at Sec. Sec. 635.22(a)(2) and (3) and 635.27(a)(1)(i),
incorrectly cite the Atlantic Tunas General category permit name as
``HMS General Category permit.'' Correcting permit names would create
consistency across the regulations. This final rule also removes the
definition of Mid-Atlantic-Bight at Sec. 635.2 because the definition
is not referenced anywhere else in the part 635 regulations. In
addition, this final rule corrects the regulations at Sec.
635.21(d)(1)(iii)(D) Charleston Deep Artificial Reef, which left off
one coordinate in the spawning Special Management Zones coordinate
list. The associated rulemaking that established this requirement was
published on July 17, 2018 (83 FR 33148).
Cross References Corrections
This final action corrects the incorrect cross references found in
the definitions and regulations at Sec. Sec. 635.4(h)(1)(iv) and
(n)(2) and 635.54. Section 635.4(h)(1)(iv) and (n)(2) incorrectly
reference the Illex squid moratorium permit described at Sec.
648.4(a)(5)(i). The correct cross reference should be Sec.
648.4(a)(5)(ii). Section 635.54 incorrectly references that owners and
operators of U.S. vessels are subject to inspection under Sec. 635.23.
The correct cross reference should be Sec. 635.52.
Classification
The Assistant Administrator for Fisheries has determined that this
final rule is necessary for the conservation and management of U.S.
fisheries and that it is consistent with the Magnuson-Stevens Act, the
objectives of the 2006 Consolidated HMS FMP and its amendments, ATCA,
and other applicable law.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment are unnecessary and contrary to the public interest. This
final rule makes only corrective, non-substantive changes to regulatory
text, corrects cross-references to HMS and other regulations, removes
unnecessary language in several instances, and is solely administrative
in nature. Therefore, public comment is unnecessary and would delay
necessary corrections that will help prevent potential confusion for
the public.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, and a
proposed rule is not being published, the analytical requirements of
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.
NMFS has determined that fishing activities conducted pursuant to
this rule will not affect endangered and/or threatened species or
critical habitat listed under the Endangered Species Act, or marine
mammals protected by the Marine Mammal Protection Act, because the
action is purely administrative in nature by making editorial
corrections or clarifications to existing regulatory text, with no
substantive changes or effects.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Treaties.
[[Page 11324]]
Dated: February 23, 2022.
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.
Sec. 635.2 [Amended]
0
2. In Sec. 635.2, remove the definition for ``Mid-Atlantic Bight.''
0
3. In Sec. 635.4, revise paragraphs (a)(10), (h)(1)(iv), and (n)(2) to
read as follows:
Sec. 635.4 Permits and fees.
* * * * *
(a) * * *
(10) Permit condition. An owner of a vessel with a valid Atlantic
tunas, swordfish, shark, HMS Angling, HMS Charter/Headboat, Incidental
HMS squid trawl, or HMS Commercial Caribbean Small Boat permit issued
pursuant to this part must agree, as a condition of such permit, that
the vessel's HMS fishing, catch, and gear are subject to the
requirements of this part during the period of validity of the permit,
without regard to whether such fishing occurs in the U.S. EEZ, or
outside the U.S. EEZ, and without regard to where such HMS, or gear,
are possessed, taken, or landed. However, when a vessel fishes within
the waters of a state that has more restrictive regulations pertaining
to HMS, persons aboard the vessel must abide by the state's more
restrictive regulations.
* * * * *
(h) * * *
(1) * * *
(iv) An applicant for an incidental HMS squid trawl permit must
submit, in addition to all other information specified in paragraph
(h)(1) of this section, a copy of a valid Illex squid moratorium
permit, as described at Sec. 648.4(a)(5)(ii) of this chapter.
* * * * *
(n) * * *
(2) An Incidental HMS squid trawl permit is valid only when the
vessel has on board a valid Illex squid moratorium permit, as described
at Sec. 648.4(a)(5)(ii) of this chapter, and no commercial fishing
gear other than trawl gear.
* * * * *
0
4. In Sec. 635.5, revise paragraphs (a)(4) and (d) to read as follows:
Sec. 635.5 Recordkeeping and reporting.
* * * * *
(a) * * *
(4) Bluefin tuna discarded dead, or landed by a commercial vessel
and sold. The owner of a vessel that has been permitted or that is
required to be permitted under Sec. 635.4 in the Atlantic Tunas
General or Harpoon categories, or has been permitted or is required to
be permitted under Sec. 635.4 under the HMS Charter/Headboat category
and fishing under the General category quotas and daily limits as
specified at Sec. 635.23(c), must report all dead discards and/or
landings of bluefin tuna through the NMFS electronic catch reporting
system within 24 hours of the landings or the end of trip. Such reports
may be made by either calling a phone number designated by NMFS or by
submitting the required information online to a website or application
designated by NMFS. The owner of a vessel that has been permitted in a
different bluefin tuna category must report as specified elsewhere in
this section.
* * * * *
(d) Tournament operators. For all tournaments that are conducted
from a port in an Atlantic coastal state, including the U.S. Virgin
Islands and Puerto Rico, a tournament operator must register with NMFS
at least 4 weeks prior to commencement of the tournament. A tournament
is not registered unless the tournament operator has received a
confirmation number from NMFS. Tournament operators must maintain and
submit to NMFS details of the tournament catch and fishing activities,
completing all required fields, on the NMFS tournament summary report
no later than 7 days after the tournament has ended.
* * * * *
0
5. In Sec. 635.19, revise paragraph (e)(1) to read as follows:
Sec. 635.19 Authorized gears.
* * * * *
(e) * * *
(1) No person may possess North Atlantic swordfish taken from its
management unit by any gear other than handgear, green-stick, or
longline, except that such swordfish taken incidentally while fishing
with a squid trawl may be retained by a vessel issued a valid
Incidental HMS squid trawl permit, subject to restrictions specified in
Sec. 635.24(b)(2). No person may possess South Atlantic swordfish
taken from its management unit by any gear other than longline.
* * * * *
0
6. In Sec. 635.21, revise paragraph (d)(1)(iii)(D) to read as follows:
Sec. 635.21 Gear operation and deployment restrictions.
* * * * *
(d) * * *
(1) * * *
(iii) * * *
(D) Charleston Deep Artificial Reef. Bounded by rhumb lines
connecting, in order, the following points: 32[deg]05.04' N lat.
79[deg]13.575' W long.; 32[deg]9.65' N lat., 79[deg]9.2' W long.;
32[deg]7.155' N lat., 79[deg]5.595' W long.; 32[deg]2.36' N lat.,
79[deg]9.975' W long.; 32[deg]5.04' N lat., 79[deg]13.575' W long.
* * * * *
0
7. In Sec. 635.22, revise paragraphs (a)(2) and (3) to read as
follows:
Sec. 635.22 Recreational retention limits.
* * * * *
(a) * * *
(2) Vessels issued an Atlantic Tunas General category permit under
Sec. 635.4(d) that are participating in an HMS registered tournament,
vessels issued an HMS Angling category permit under Sec. 635.4(c), or
vessels issued an HMS Charter/Headboat permit under Sec. 635.4(b) may
not retain, possess, or land oceanic whitetip sharks or scalloped,
smooth, or great hammerhead sharks if swordfish, tuna, or billfish are
retained or possessed on board, or offloaded from, the vessel. Such
vessels also may not retain, possess, or land swordfish, tuna, or
billfish if oceanic whitetip sharks, or scalloped, smooth, or great
hammerhead sharks are retained or possessed on board, or offloaded
from, the vessel.
(3) Vessels issued an Atlantic Tunas General category permit under
Sec. 635.4(d) that are participating in an HMS registered tournament,
vessels issued a Swordfish General commercial permit under Sec.
635.4(f) that are participating in an HMS registered tournament,
vessels issued a HMS Angling category permit under Sec. 635.4(c), or
vessels issued an HMS Charter/Headboat permit under Sec. 635.4(b) are
required to release unharmed, to the extent practicable, porbeagle
sharks that are alive at the time of haulback if swordfish, tuna, or
billfish are retained or possessed on board, or offloaded from, the
vessel during that trip.
* * * * *
0
8. In Sec. 635.27, revise the introductory text of paragraph (a)(1)(i)
to read as follows:
Sec. 635.27 Quotas.
* * * * *
(a) * * *
[[Page 11325]]
(1) * * *
(i) Catches from vessels for which Atlantic Tunas General category
permits have been issued and certain catches from vessels for which an
HMS Charter/Headboat permit has been issued are counted against the
General category quota in accordance with Sec. 635.23(c)(3). Pursuant
to paragraph (a) of this section, the amount of large medium and giant
bluefin tuna that may be caught, retained, possessed, landed, or sold
under the General category quota is 555.7 mt, and is apportioned as
follows, unless modified as described under paragraph (a)(1)(ii) of
this section:
* * * * *
0
9. In Sec. 635.54, revise the introductory text to read as follows:
Sec. 635.54 Reports.
Owners and operators of U.S. vessels subject to inspection under
Sec. 635.52 are hereby notified that the ICCAT recommendation
establishing a scheme for minimum standards for inspection in port
requires that:
* * * * *
[FR Doc. 2022-04263 Filed 2-28-22; 8:45 am]
BILLING CODE 3510-22-P
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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.