82 FR 3209 - Atlantic Highly Migratory Species; Technical Amendment to Regulations

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 7 (January 11, 2017)

NMFS is hereby making technical amendments to the regulations for Atlantic highly migratory species. Currently, certain cross- references meant to be in the regulations are either missing or incorrect. This final action will make the cross-references in the regulations accurate. The action also simplifies regulatory text by removing unnecessary language. 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.

[Federal Register Volume 82, Number 7 (Wednesday, January 11, 2017)]
[Rules and Regulations]
[Pages 3209-3210]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00325]



[[Page 3209]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 161227999-6999-01]
RIN 0648-BG49


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.

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SUMMARY: NMFS is hereby making technical amendments to the regulations 
for Atlantic highly migratory species. Currently, certain cross-
references meant to be in the regulations are either missing or 
incorrect. This final action will make the cross-references in the 
regulations accurate. The action also simplifies regulatory text by 
removing unnecessary language. 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 January 11, 2017.

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: Larry Redd 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 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 in 50 CFR 635.71 contain specific prohibitions, and 
those prohibitions contain or should contain regulatory cross-
references specific to the regulatory requirements in other sections of 
50 CFR part 635. The regulatory text in Sec.  635.71 ensures that 
person(s) under United States jurisdiction are in compliance with the 
Federal rules promulgated under the Atlantic Tunas Convention Act and 
the Magnuson-Stevens Fishery Conservation and Management Act when 
fishing for Atlantic HMS. This technical amendment corrects the cross-
references in the HMS regulations. It also simplifies regulatory text 
at Sec.  635.71(b)(23) by removing unnecessary language.

Corrections

    The regulations at Sec.  635.71(a)(9), (b)(21), (e)(9), and (e)(10) 
are missing a clarifying cross-reference. This final action adds a 
cross reference to those regulations.
    Additionally, the regulations at Sec.  635.71(a)(17), (a)(18), 
(a)(37), (a)(54), (a)(56), (a)(59), (b)(36), (b)(37), (b)(39), (b)(40), 
and (e)(17) contain one or more incorrect cross-references. This final 
action corrects those cross-references. Additionally, Sec.  
635.71(b)(23) has an incorrect cross reference, which this action 
corrects. This action would remove language referencing that incidental 
to recreational fishing for other species would be retained in 
accordance with Sec.  635.23(b) and (c), and simplifies the regulatory 
text to more broadly refer to the provisions of Sec.  635.23.

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 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 makes only corrective, non-substantive changes to add 
missing, or correct, cross-references to HMS regulations or, in one 
instance, to remove confusing, unnecessary language, and is solely 
administrative in nature. Therefore, public comment would serve no 
purpose and is unnecessary. Furthermore, it is in the public interest 
to correct or insert the cross-references as quickly as possible to 
more clearly articulate the regulatory requirements to the public. Any 
delay in implementation would result in the continuation of incorrect 
cross-references in the regulations at 50 CFR 635. It is in the best 
interest of both the public and law enforcement to effectively enforce 
the new changes on publication to ensure person(s) are justifiably 
operating within U.S. law. Thus, there is also good cause under 5 
U.S.C. 553(d)(3) to waive the 30-day delay in effective date.
    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 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.

    Dated: January 5, 2017.
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:


[[Page 3210]]


    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

0
2. In Sec.  635.71, revise paragraphs (a)(9), (a)(17), (a)(18), 
(a)(37), (a)(54), (a)(56), (a)(59), (b)(21), (b)(23), (b)(36), (b)(37), 
(b)(38), (b)(39), (b)(40), (e)(9), (e)(10), and (e)(17) to read as 
follows:


Sec.  635.71  Prohibitions.

* * * * *
    (a) * * *
    (9) Fail to report the catching of any Atlantic HMS to which a 
conventional tag has been affixed under a tag and release program as 
specified in Sec.  635.26(a).
* * * * *
    (17) Fish for Atlantic tunas or swordfish with a gillnet or possess 
Atlantic tunas or swordfish on board a vessel with a gillnet on board, 
as specified in Sec.  635.19(a), (b), and (e).
    (18) Fail to retrieve fishing gear and move after an interaction 
with a protected species, as specified in Sec.  635.21(b)(3).
* * * * *
    (37) Fail to report to NMFS, at the number designated by NMFS, the 
incidental capture of listed whales with shark gillnet gear as required 
by Sec.  635.21(g)(1).
* * * * *
    (54) Possess, use, or deploy, in the Gulf of Mexico, any circle 
hook, other than as described at Sec.  635.21(c). Vessels in the Gulf 
of Mexico, with pelagic gear onboard, are prohibited from possessing, 
using, or deploying circle hooks that are constructed of round wire 
stock which is larger than 3.65 mm in diameter (See: Sec.  
635.21(c)(5)(iii)(B)(2)(i)).
* * * * *
    (56) Have been issued a valid HMS Commercial Caribbean Small Boat 
permit and to purchase, barter for, or trade for HMS harvested by other 
vessels with the intent to sell, as specified in Sec.  635.4(o)(5).
* * * * *
    (59) Fish for, retain, possess, or land any HMS from a vessel with 
a pelagic longline on board when the Atlantic Tunas Longline category 
fishery is closed, as specified in Sec.  635.28(a)(3), (b)(7), (c)(3), 
and (d).
* * * * *
    (b) * * *
    (21) Transfer a tuna as specified in Sec.  635.29(a), except as may 
be authorized for the transfer of Atlantic BFT between purse seine 
vessels, as specified in Sec.  635.29(c).
* * * * *
    (23) Fish for, catch, possess, or retain a bluefin tuna, except as 
specified under Sec.  635.23.
* * * * *
    (36) Possess J-hooks onboard a vessel that has pelagic longline 
gear onboard, and that has been issued, or is required to have, a 
limited access swordfish, shark, or Atlantic Tunas Longline category 
permit for use in the Atlantic Ocean, including the Caribbean Sea and 
the Gulf of Mexico, except when green-stick gear is onboard, as 
specified at Sec.  635.21(c)(2)(vii)(A) and (c)(5)(iii)(B)(3).
    (37) Use or deploy J-hooks with pelagic longline gear from a vessel 
that has been issued, or is required to have, a limited access 
swordfish, shark, or tuna longline category permit for use in the 
Atlantic Ocean, including the Caribbean Sea and Gulf of Mexico, as 
specified in Sec.  635.21(c)(5)(iii)(B).
    (38) As specified in Sec.  635.21(c)(5)(iii)(B)(3), possess more 
than 20 J-hooks onboard a vessel that has been issued, or is required 
to have, a limited access swordfish, shark, or tuna Longline category 
permit for use in the Atlantic Ocean, including the Caribbean Sea and 
Gulf of Mexico, when possessing onboard both pelagic longline gear and 
green-stick gear as defined in Sec.  635.2.
    (39) Use or deploy more than 10 hooks at one time on any individual 
green-stick gear, as specified in Sec.  635.21(j), (c)(2)(vii)(A), or 
(c)(5)(iii)(B)(3).
    (40) Possess, use, or deploy J-hooks smaller than 1.5 inch (38.1 
mm), when measured in a straight line over the longest distance from 
the eye to any part of the hook, when fishing with or possessing green-
stick gear onboard a vessel that has been issued, or is required to 
have, a limited access swordfish, shark, or tuna longline category 
permit for use in the Atlantic Ocean, including the Caribbean Sea and 
Gulf of Mexico, as specified at Sec.  635.21(c)(5)(iii)(B)(3) or 
(c)(2)(vii)(A).
* * * * *
    (e) * * *
    (9) Fish for swordfish from the South Atlantic swordfish stock 
using gear other than pelagic longline, as specified at Sec.  
635.19(e)(1) and Sec.  635.27(c)(1)(ii).
    (10) Fish for, catch, possess, retain, or land an Atlantic 
swordfish using, or captured on, ``buoy gear'' as defined at Sec.  
635.2, unless, as specified in Sec.  635.19(e)(3), the vessel owner has 
been issued a swordfish directed limited access permit or a swordfish 
handgear limited access permit in accordance with Sec.  635.4(f) or a 
valid HMS Commercial Caribbean Small Boat permit in accordance with 
Sec.  635.4(o).
* * * * *
    (17) Failure to construct, deploy, or retrieve buoy gear as 
specified at Sec.  635.21(h).
* * * * *
[FR Doc. 2017-00325 Filed 1-10-17; 8:45 am]
 BILLING CODE 3510-22-P