80 FR 60566 - Atlantic Highly Migratory Species; Technical Amendment to Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 194 (October 7, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 194 (October 7, 2015)
| Page Range | 60566-60568 | |
| FR Document | 2015-25477 |
[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)] [Rules and Regulations] [Pages 60566-60568] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25477] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150727647-5877-01] RIN 0648-BF30 Atlantic Highly Migratory Species; Technical Amendment to Regulations AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; technical amendments. ----------------------------------------------------------------------- SUMMARY: NMFS is hereby making technical amendments to the regulations for Atlantic highly migratory species--specifically, to several restricted fishing areas--without altering the substance of the regulations. Also, this action re-inserts the longstanding statutorily required limit on length of gillnets that was erroneously removed from the regulations in late 2012, and corrects the end date of the Spring Gulf of Mexico gear restricted areas from May 30 to May 31. These changes will make the cross-references in regulations accurate, the gillnet length limit consistent with statutory requirements, and the dates on restrictions consistent with the supporting analyses and management goals. The rule is administrative in nature and does not make any change with substantive effect to the regulations governing Atlantic highly migratory species (HMS) fisheries. DATES: This final rule is effective on October 7, 2015. ADDRESSES: Copies of other documents relevant to this rule are available from the HMS Management Division Web site at http://www.nmfs.noaa.gov/sfa/hms/ or upon request from the Atlantic HMS Management Division at 1315 East-West Highway, Silver Spring, MD 20910. FOR FURTHER INFORMATION CONTACT: Andrew Rubin or Karyl Brewster-Geisz by phone at 301-427-8503. SUPPLEMENTARY INFORMATION: Atlantic HMS are managed under the dual authority of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq., (Magnuson-Stevens Act) and the Atlantic Tunas Convention Act, 16 U.S.C. 971 et seq., (ATCA). The authority to issue regulations under the Magnuson-Stevens Act and ATCA has been delegated from the Secretary of Commerce to the NOAA Assistant Administrator for Fisheries (AA). On [[Page 60567]] May 28, 1999, NMFS published in the Federal Register (64 FR 29090) regulations implementing the Fishery Management Plan (FMP) for Atlantic Tunas, Swordfish, and Sharks (1999 FMP). On October 2, 2006, NMFS published in the Federal Register (71 FR 58058) regulations implementing the 2006 Consolidated HMS FMP, which details the management measures for Atlantic HMS fisheries. The implementing regulations for Atlantic HMS are at 50 CFR part 635. Background The regulations at 50 CFR part 635 contain cross-references to several restricted fishing areas described in 50 CFR part 622. The cross-references in 50 CFR part 635 ensure consistency with the regulations at 50 CFR part 622 to protect certain reef species and/or habitat managed by the Caribbean and Gulf of Mexico Fishery Management Councils. With the reorganization of the 50 CFR part 635 regulations due to the final rule for Amendment 7 to the 2006 Consolidated HMS FMP (79 FR 71509, December 2, 2014), the cross-references to the Tortugas marine reserve habitat area of particular concern (HAPC), the Mutton snapper spawning aggregation area (SAA), the Red hind SAA, and the Grammanik Bank closed areas were mistakenly overwritten. This technical amendment corrects the cross-references in the HMS regulations. A longstanding statutory limit on the length of gillnet gear (see 16 U.S.C. 1857(1)(M)) was erroneously removed from the regulations in 2012. This technical amendment re-inserts the language to the regulations to ensure consistency with the statutory requirements. The regulatory end date of the Spring Gulf of Mexico gear restricted areas in Sec. 635.21(c)(2)(vi) was mistakenly written as ``May 30'' when it should be on the last day of the month, ``May 31.'' This technical amendment changes the date to be consistent with the original analyses, outreach, and supporting documents of this regulation and to meet management goals appropriately. As the correct date was analyzed as part of the preferred alternative in the Final Environmental Impact Statement for Amendment 7 to the 2006 Consolidated HMS FMP, this modification to the regulations should not be unexpected and will not have any impacts beyond those already considered. Corrections Currently, the regulations in Sec. 635.21(a)(3)(i) cross-reference Sec. 622.34(a)(3) only. This final action corrects the cross-reference by adding a cross-reference to Sec. 622.74(c), which is missing, in order to properly include and specify the boundaries of the ``Tortugas marine reserve HAPC.'' Currently, the regulatory end date of the Spring Gulf of Mexico gear restricted areas in Sec. 635.21(c)(2)(vi) is written as ``May 30.'' This final rule corrects the date and changes it to ``May 31.'' Currently, the regulations at Sec. 635.21(d)(1)(ii) contain a cross-reference to areas designated at Sec. 622.33(a)(1) through (3) to indicate the Mutton snapper spawning aggregation area (SAA), the Red hind SAA, and the Grammanik Bank closed area. This final action corrects the cross-reference in Sec. 635.21(d)(1)(ii) by changing it from Sec. 622.33(a)(1) through (3) to Sec. 622.435(a)(2)(i) through (iii). Currently, the regulations at Sec. 635.21(g) do not contain the statutorily-required regulatory limits on the length of gillnet for persons fishing for sharks. This final rule inserts the language that was removed regarding the length restriction of gillnets into the regulations at Sec. 635.21(g)(4) into the regulations. Classification The AA 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 Fishery Conservation and Management Act, the 2006 Consolidated Atlantic HMS FMP and its amendments, and ATCA. 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 adds only corrective, non-substantive changes to correct cross-references, re-inserts language, and corrects dates to HMS regulations and is solely administrative in nature. These changes should not be unexpected. None of these changes will have a substantive impact beyond those already considered in previous supporting documents. There is also good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date. The basis for this waiver is that it not a substantive rule but, rather, corrects cross-references, re- inserts regulatory language, and corrects a mistaken date in HMS regulations. Furthermore, failure to implement this rule immediately would cause continued confusion among the regulated community. 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, 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 will not result in any change or increase in fishing activity, and is solely administrative in nature. List of Subjects in 50 CFR Part 635 Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, Penalties, Reporting and recordkeeping requirements, Treaties. Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq. Dated: September 30, 2015. 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. 635.21, revise paragraphs (a)(3)(i), (c)(2)(vi), (d)(1)(ii), and add paragraph (g)(4) to read as follows: Sec. 635.21 Gear operation, restricted areas and deployment restrictions. (a) * * * (3) * * * (i) No person may fish for, catch, possess, or retain any Atlantic HMS or anchor a fishing vessel that has been issued a permit or is required to be permitted under this part, in the areas and seasons designated at Sec. 622.34(a)(3) of this chapter, and in the Tortugas marine reserves HAPC designated at Sec. 622.74(c) of this chapter. * * * * * (c) * * * (2) * * * (vi) In the Spring Gulf of Mexico gear restricted area from April 1 through May 31 each year; * * * * * (d) * * * (1) * * * [[Page 60568]] (ii) The areas designated at Sec. 622.435(a)(2)(i) through (iii) of this chapter, year-round; and * * * * * (g) * * * (4) No person may fish for sharks with a gillnet with a total length of 2.5 km or more. No vessel may have on board a gillnet with a total length of 2.5 km or more. * * * * * [FR Doc. 2015-25477 Filed 10-6-15; 8:45 am] BILLING CODE 3510-22-P
![60566 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations
conservation and management of South List of Subjects in 50 CFR Part 622 DEPARTMENT OF COMMERCE
Atlantic coral resources and is
consistent with Amendment 8, the FMP, Coral, Coral Reefs, Fisheries, Fishing, National Oceanic and Atmospheric
the Magnuson-Stevens Fishery HAPC, Shrimp, South Atlantic. Administration
Conservation and Management Act, and Dated: September 30, 2015.
other applicable law. Samuel D. Rauch III,
50 CFR Part 635
This correcting amendment has been Deputy Assistant Administrator for [Docket No. 150727647–5877–01]
determined to be not significant under Regulatory Programs, National Marine
Executive Order 12866. Fisheries Service. RIN 0648–BF30
Pursuant to 5 U.S.C. 553(b)(B), the Accordingly, 50 CFR part 622 is Atlantic Highly Migratory Species;
Assistant Administrator for Fisheries, corrected by making the following Technical Amendment to Regulations
NOAA, finds good cause to waive prior
correcting amendments: AGENCY: National Marine Fisheries
notice and opportunity for additional
public comment for this action because Service (NMFS), National Oceanic and
PART 622—FISHERIES OF THE
it would be impracticable and contrary Atmospheric Administration (NOAA),
CARIBBEAN, GULF OF MEXICO, AND
to the public interest. This correcting Commerce.
SOUTH ATLANTIC
amendment corrects the positions for ACTION: Final rule; technical
the Oculina Bank HAPC and the amendments.
associated gear stowage provisions that ■ 1. The authority citation for part 622
were incorrectly described in the final continues to read as follows: SUMMARY: NMFS is hereby making
rule. Providing prior notice and technical amendments to the regulations
Authority: 16 U.S.C. 1801 et seq.
opportunity for public comment is for Atlantic highly migratory species—
contrary to the public interest because ■ 2. In § 622.224, entries 7 and 8 in the specifically, to several restricted fishing
not correcting the waypoints will cause table in paragraph (b)(1) and paragraph areas—without altering the substance of
confusion among the affected fishers (b)(1)(i)(C) are revised to read as follows: the regulations. Also, this action re-
and will not properly protect the inserts the longstanding statutorily
Oculina Bank HAPC. With regard to the § 622.224 Area closures to protect South required limit on length of gillnets that
gear stowage requirements, not Atlantic corals. was erroneously removed from the
correcting these regulations will require * * * * * regulations in late 2012, and corrects the
fishers to comply with gear stowage (b) * * * end date of the Spring Gulf of Mexico
methods that are not those gear restricted areas from May 30 to May
(1) * * * 31. These changes will make the cross-
recommended by the Council. The
Council developed the gear stowage references in regulations accurate, the
Point North lat. West long. gillnet length limit consistent with
requirements in coordination with the
affected fishers and these stowage statutory requirements, and the dates on
requirements represent a safer approach restrictions consistent with the
* * * * *
for these fishers given the offshore supporting analyses and management
7 ............. 28°56′01.86″ 80°08′53.64″
conditions they may encounter. It 8 ............. 28°52′44.40″ 80°08′53.04″
goals. The rule is administrative in
would be impracticable to subject this nature and does not make any change
action to notice and comment because * * * * *
with substantive effect to the regulations
the provisions of Amendment 8 are governing Atlantic highly migratory
currently in effect and any delay in * * * * * species (HMS) fisheries.
implementation of this rule would DATES: This final rule is effective on
further any confusion that exists on the (i) * * * October 7, 2015.
location of the waypoints and the gear (C) Fish for or possess rock shrimp in ADDRESSES: Copies of other documents
stowage requirements. or from the Oculina Bank HAPC, except relevant to this rule are available from
For the same reasons, the Assistant a shrimp vessel with a valid commercial the HMS Management Division Web site
Administrator also finds good cause, vessel permit for rock shrimp that at http://www.nmfs.noaa.gov/sfa/hms/
pursuant to 5 U.S.C. 553(d), to waive the possesses rock shrimp may transit or upon request from the Atlantic HMS
30-day delay in effective date for this through the Oculina Bank HAPC if Management Division at 1315 East-West
correcting amendment. If this rule is not fishing gear is appropriately stowed. For Highway, Silver Spring, MD 20910.
implemented immediately, it would the purpose of this paragraph, transit FOR FURTHER INFORMATION CONTACT:
cause confusion among the affected means a direct and non-stop continuous Andrew Rubin or Karyl Brewster-Geisz
fishers of the location of the waypoints course through the area, maintaining a by phone at 301–427–8503.
for Oculina Bank HAPC, would result in minimum speed of five knots as SUPPLEMENTARY INFORMATION: Atlantic
inadequate protection of the Oculina determined by an operating VMS and a HMS are managed under the dual
Bank HAPC, and require fishers to VMS minimum ping rate of 1 ping per authority of the Magnuson-Stevens
comply with gear stowage methods that 5 minutes; fishing gear appropriately Fishery Conservation and Management
were not recommended by the Council. stowed means that doors and nets are Act, 16 U.S.C. 1801 et seq., (Magnuson-
asabaliauskas on DSK5VPTVN1PROD with RULES
Because prior notice and opportunity out of the water. Stevens Act) and the Atlantic Tunas
for public comment are not required for * * * * * Convention Act, 16 U.S.C. 971 et seq.,
this rule by 5 U.S.C. 553, or any other [FR Doc. 2015–25488 Filed 10–6–15; 8:45 am] (ATCA). The authority to issue
law, the analytical requirements of the BILLING CODE 3510–22–P regulations under the Magnuson-
Regulatory Flexibility Act, 5 U.S.C. 601 Stevens Act and ATCA has been
et seq., are inapplicable. Accordingly, delegated from the Secretary of
no Regulatory Flexibility Analysis is Commerce to the NOAA Assistant
required and none has been prepared. Administrator for Fisheries (AA). On
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![60568 Federal Register / Vol. 80, No. 194 / Wednesday, October 7, 2015 / Rules and Regulations
(ii) The areas designated at Atlantic Sea Scallop Fishery to fish in the Maine state-waters portion
§ 622.435(a)(2)(i) through (iii) of this Management Plan (FMP) are available of the NGOM management area once we
chapter, year-round; and upon request from John K. Bullard, project the Federal NGOM TAC to be
* * * * * Regional Administrator, NMFS, Greater fully harvested. This provision allows
(g) * * * Atlantic Regional Fisheries Office, 55 those vessels to continue to fish in state
(4) No person may fish for sharks with Great Republic Drive, Gloucester, MA waters along with state permitted
a gillnet with a total length of 2.5 km or 01930. The Framework 26 vessels that do not have Federal
more. No vessel may have on board a Environmental Assessment and Initial permits. Although the 70,000-lb (31,751-
gillnet with a total length of 2.5 km or Regulatory Flexibility Analysis are also kg) NGOM Federal TAC has never been
more. accessible via the Internet at http:// exceeded since the NGOM management
* * * * * www.nefmc.org/scallops/index.html or area was created in 2008, there is now
[FR Doc. 2015–25477 Filed 10–6–15; 8:45 am] http:// a higher potential that the TAC will be
BILLING CODE 3510–22–P www.greateratlantic.fisheries.noaa.gov/ reached because scallop effort has
regs/2015/March/ increased in the NGOM in recent years
15scalfw26turtlepr.html. as the stock has improved, particularly
DEPARTMENT OF COMMERCE Copies of the small entity compliance in state waters. Without this exemption,
guide are available from John K. federally permitted vessels are unable to
National Oceanic and Atmospheric Bullard, Regional Administrator, NMFS, participate in Maine’s state water
Administration Greater Atlantic Regional Fisheries fishery if the Federal NGOM TAC is
Office, 55 Great Republic Drive, reached; state-only permitted scallop
50 CFR Part 648 Gloucester, MA 01930–2298, or vessels are able to continue to fish in
available on the Internet at http:// state waters after the Federal closure.
[Docket No. 150626556–5886–02] Based on the information Maine
www.greateratlantic.fisheries.noaa.gov/
RIN 0648–BF20 sustainable/species/scallop/. submitted regarding its scallop
conservation program, as outlined in the
FOR FURTHER INFORMATION CONTACT:
Fisheries of the Northeastern United preamble to the proposed rule, and
States; Atlantic Sea Scallop Fishery; Emily Gilbert, Fishery Policy Analyst,
considering comments received during
State Waters Exemption 978–281–9244.
the public comment period, NMFS
SUPPLEMENTARY INFORMATION: determines that the state qualifies for
AGENCY: National Marine Fisheries
Background the NGOM state waters exemption
Service (NMFS), National Oceanic and
under the Scallop FMP. Maine’s scallop
Atmospheric Administration (NOAA), The Scallop State Waters Exemption fishery restrictions are as restrictive as
Commerce. Program specifies that a state with a Federal scallop fishing regulations and
ACTION: Final rule. scallop fishery may be eligible for state this exemption will not jeopardize the
waters exemptions if it has a scallop biomass and fishing mortality and effort
SUMMARY: NMFS approves and conservation program that does not
implements an exemption for Northern limit objectives of the FMP. Allowing
jeopardize the biomass and fishing for this NGOM exemption will have no
Gulf of Maine federally permitted mortality and effort limit objectives of
vessels with state-waters permits issued impact on the effectiveness of Federal
the Scallop FMP. Under the Program, if management measures for the scallop
from the State of Maine to continue NMFS determines that a state is eligible,
fishing in the Maine state-waters portion fishery overall or within the NGOM
federally permitted scallop vessels management area because the NGOM
of the Northern Gulf of Maine fishing in state waters may be exempted
management area once NMFS has Federal TAC is set based only on the
from specific Federal scallop portion of the resource in Federal
announced that the Federal total regulations. One of these exemptions
allowable catch has been fully harvested waters.
enables some scallop vessels to continue This exemption applies only to
in a given year. Maine requested this to fish in state waters within the
exemption as part of the Scallop State vessels with Federal NGOM permits. All
Northern Gulf of Maine (NGOM) other federally permitted scallop vessel
Water Exemption Program, which management area once the Federal
specifies that a state may be eligible for categories are prohibited from retaining,
NGOM total allowable catch (TAC) is possessing, and landing scallops from
a state waters exemption to specific reached. Any state interested in
Federal regulations if it has a scallop within the NGOM management area, in
applying for this exemption must both Federal and state waters, once the
fishery and a scallop conservation identify the scallop-permitted vessels
program that does not jeopardize the NGOM hard TAC is fully harvested.
that would be subject to the exemption
biomass and fishing mortality/effort (i.e., limited access, limited access Comments and Responses
limit objectives of the Atlantic Sea general category (LAGC) individual NMFS received two comment letters
Scallop Fishery Management Plan. fishing quota, LAGC incidental, or in response to the proposed rule, one
Based on the information that Maine has LAGC NGOM). No vessel is permitted to from from the Maine Department of
submitted, NMFS has determined that fish for scallops in the Federal portion Marine Resources and the other from a
Maine qualifies for this exemption and of the NGOM once the TAC is member of the general public. We
that this exemption will not have an harvested. We provided a broader provide responses below to the issues
impact on the effectiveness of Federal description of the Scallop State Waters these commenters raised.
asabaliauskas on DSK5VPTVN1PROD with RULES
management measures for the scallop Exemption Program in the preamble of Comment 1: The Maine Department of
fishery overall or within the Northern the proposed rule (80 FR 46531; August Marine Resources stated its support of
Gulf of Maine management area. 5, 2015) for this action and are not NMFS issuing this exemption and
DATES: Effective November 6, 2015. repeating that information here. provided information on the current
ADDRESSES: Documents supporting this NMFS received a request from Maine scallop regulations in its waters.
action, including the State of Maine’s to expand its current exemptions to Response: NMFS is satisfied that
request for the exemption and allow federally NGOM-permitted Maine meets the criteria for this NGOM
Framework Adjustment 26 to the vessels with Maine state-waters permits exemption and thanks Maine for
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Document Created: 2015-12-15 08:48:41
Document Modified: 2015-12-15 08:48:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; technical amendments. | |
| Dates | This final rule is effective on October 7, 2015. | |
| Contact | Andrew Rubin or Karyl Brewster-Geisz by phone at 301-427-8503. | |
| FR Citation | 80 FR 60566 | |
| RIN Number | 0648-BF30 | |
| CFR Associated | Fisheries; Fishing; Fishing Vessels; Foreign Relations; Imports; Penalties; Reporting and Recordkeeping Requirements and Treaties |
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