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)

Page Range		3209-3210
FR Document		2017-00325

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 Issue 7 (Wednesday, January 11, 2017)

[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.

-----------------------------------------------------------------------

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

Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Rules and Regulations 3209

DEPARTMENT OF COMMERCE published in the Federal Register (71 interest. This final rule makes only
FR 58058) regulations implementing the corrective, non-substantive changes to
National Oceanic and Atmospheric 2006 Consolidated HMS FMP, which add missing, or correct, cross-references
Administration details the management measures for to HMS regulations or, in one instance,
Atlantic HMS fisheries. The to remove confusing, unnecessary
50 CFR Part 635 implementing regulations for Atlantic language, and is solely administrative in
HMS are at 50 CFR part 635. nature. Therefore, public comment
[Docket No. 161227999–6999–01]
would serve no purpose and is
Background
RIN 0648–BG49 unnecessary. Furthermore, it is in the
The regulations in 50 CFR 635.71 public interest to correct or insert the
Atlantic Highly Migratory Species; contain specific prohibitions, and those cross-references as quickly as possible
Technical Amendment to Regulations prohibitions contain or should contain to more clearly articulate the regulatory
regulatory cross-references specific to requirements to the public. Any delay in
AGENCY: National Marine Fisheries the regulatory requirements in other implementation would result in the
Service (NMFS), National Oceanic and sections of 50 CFR part 635. The continuation of incorrect cross-
Atmospheric Administration (NOAA), regulatory text in § 635.71 ensures that references in the regulations at 50 CFR
Commerce. person(s) under United States 635. It is in the best interest of both the
ACTION: Final rule; technical jurisdiction are in compliance with the public and law enforcement to
amendments. Federal rules promulgated under the effectively enforce the new changes on
Atlantic Tunas Convention Act and the publication to ensure person(s) are
SUMMARY: NMFS is hereby making Magnuson-Stevens Fishery justifiably operating within U.S. law.
technical amendments to the regulations Conservation and Management Act Thus, there is also good cause under 5
for Atlantic highly migratory species. when fishing for Atlantic HMS. This U.S.C. 553(d)(3) to waive the 30-day
Currently, certain cross-references technical amendment corrects the cross- delay in effective date.
meant to be in the regulations are either references in the HMS regulations. It
missing or incorrect. This final action also simplifies regulatory text at This final rule has been determined to
will make the cross-references in the § 635.71(b)(23) by removing be not significant for purposes of
regulations accurate. The action also unnecessary language. Executive Order 12866.
simplifies regulatory text by removing Because prior notice and opportunity
unnecessary language. The rule is Corrections
for public comment are not required for
administrative in nature and does not The regulations at § 635.71(a)(9), this rule by 5 U.S.C. 553, or any other
make any change with substantive effect (b)(21), (e)(9), and (e)(10) are missing a law, and a proposed rule is not being
to the regulations governing Atlantic clarifying cross-reference. This final published, the analytical requirements
highly migratory species (HMS) action adds a cross reference to those of the Regulatory Flexibility Act, 5
fisheries. regulations. U.S.C. 601 et seq., are inapplicable.
DATES: This final rule is effective on Additionally, the regulations at
NMFS has determined that fishing
January 11, 2017. § 635.71(a)(17), (a)(18), (a)(37), (a)(54),
activities conducted pursuant to this
(a)(56), (a)(59), (b)(36), (b)(37), (b)(39),
ADDRESSES: Copies of other documents rule will not affect endangered and/or
(b)(40), and (e)(17) contain one or more
relevant to this rule are available from threatened species or critical habitat
incorrect cross-references. This final
the HMS Management Division Web site listed under the Endangered Species
action corrects those cross-references.
at http://www.nmfs.noaa.gov/sfa/hms/ Act, or marine mammals protected by
Additionally, § 635.71(b)(23) has an
or upon request from the Atlantic HMS the Marine Mammal Protection Act,
incorrect cross reference, which this
Management Division at 1315 East-West because the action will not result in any
action corrects. This action would
Highway, Silver Spring, MD 20910. change or increase in fishing activity,
remove language referencing that
FOR FURTHER INFORMATION CONTACT: and is solely administrative in nature.
incidental to recreational fishing for
Larry Redd or Karyl Brewster-Geisz by other species would be retained in List of Subjects in 50 CFR Part 635
phone at 301–427–8503. accordance with § 635.23(b) and (c), and
SUPPLEMENTARY INFORMATION: Atlantic simplifies the regulatory text to more Fisheries, Fishing, Fishing vessels,
HMS are managed under the dual broadly refer to the provisions of Foreign relations, Imports, Penalties,
authority of the Magnuson-Stevens § 635.23. Reporting and recordkeeping
Fishery Conservation and Management requirements, Treaties.
Classification
Act, 16 U.S.C. 1801 et seq., (Magnuson- Dated: January 5, 2017.
Stevens Act) and the Atlantic Tunas The Assistant Administrator for
Samuel D. Rauch III,
Convention Act, 16 U.S.C. 971 et seq., Fisheries has determined that this final
(ATCA). The authority to issue rule is necessary for the conservation Deputy Assistant Administrator for
and management of U.S. fisheries and Regulatory Programs, National Marine
regulations under the Magnuson-
Fisheries Service.
Stevens Act and ATCA has been that it is consistent with the Magnuson-
delegated from the Secretary of Stevens Fishery Conservation and For the reasons set out in the
Commerce to the NOAA Assistant Management Act, the 2006 Consolidated preamble, 50 CFR part 635 is amended
sradovich on DSK3GMQ082PROD with RULES

Administrator for Fisheries (AA). On Atlantic HMS FMP and its amendments, as follows:
May 28, 1999, NMFS published in the and ATCA.
Federal Register (64 FR 29090) Pursuant to 5 U.S.C. 553(b)(B), there PART 635—ATLANTIC HIGHLY
regulations implementing the Fishery is good cause to waive prior notice and MIGRATORY SPECIES
Management Plan (FMP) for Atlantic an opportunity for public comment on
Tunas, Swordfish, and Sharks (1999 this action, as notice and comment are ■ 1. The authority citation for part 635
FMP). On October 2, 2006, NMFS unnecessary and contrary to the public continues to read as follows:

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3210 Federal Register / Vol. 82, No. 7 / Wednesday, January 11, 2017 / Rules and Regulations

Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. trade for HMS harvested by other Caribbean Sea and Gulf of Mexico,
1801 et seq. vessels with the intent to sell, as when possessing onboard both pelagic
■ 2. In § 635.71, revise paragraphs (a)(9), specified in § 635.4(o)(5). longline gear and green-stick gear as
(a)(17), (a)(18), (a)(37), (a)(54), (a)(56), * * * * * defined in § 635.2.
(a)(59), (b)(21), (b)(23), (b)(36), (b)(37), (59) Fish for, retain, possess, or land (39) Use or deploy more than 10
(b)(38), (b)(39), (b)(40), (e)(9), (e)(10), any HMS from a vessel with a pelagic hooks at one time on any individual
and (e)(17) to read as follows: longline on board when the Atlantic green-stick gear, as specified in
§ 635.71 Prohibitions.
Tunas Longline category fishery is § 635.21(j), (c)(2)(vii)(A), or
closed, as specified in § 635.28(a)(3), (c)(5)(iii)(B)(3).
* * * * * (b)(7), (c)(3), and (d). (40) Possess, use, or deploy J-hooks
(a) * * *
* * * * * smaller than 1.5 inch (38.1 mm), when
(9) Fail to report the catching of any
(b) * * * measured in a straight line over the
Atlantic HMS to which a conventional
(21) Transfer a tuna as specified in longest distance from the eye to any part
tag has been affixed under a tag and
§ 635.29(a), except as may be authorized of the hook, when fishing with or
release program as specified in
for the transfer of Atlantic BFT between possessing green-stick gear onboard a
§ 635.26(a).
purse seine vessels, as specified in vessel that has been issued, or is
* * * * * § 635.29(c). required to have, a limited access
(17) Fish for Atlantic tunas or swordfish, shark, or tuna longline
* * * * *
swordfish with a gillnet or possess category permit for use in the Atlantic
(23) Fish for, catch, possess, or retain
Atlantic tunas or swordfish on board a Ocean, including the Caribbean Sea and
a bluefin tuna, except as specified under
vessel with a gillnet on board, as Gulf of Mexico, as specified at
§ 635.23.
specified in § 635.19(a), (b), and (e). § 635.21(c)(5)(iii)(B)(3) or (c)(2)(vii)(A).
(18) Fail to retrieve fishing gear and * * * * *
move after an interaction with a (36) Possess J-hooks onboard a vessel * * * * *
protected species, as specified in that has pelagic longline gear onboard, (e) * * *
§ 635.21(b)(3). and that has been issued, or is required (9) Fish for swordfish from the South
to have, a limited access swordfish, Atlantic swordfish stock using gear
* * * * * shark, or Atlantic Tunas Longline
(37) Fail to report to NMFS, at the other than pelagic longline, as specified
category permit for use in the Atlantic at § 635.19(e)(1) and § 635.27(c)(1)(ii).
number designated by NMFS, the
Ocean, including the Caribbean Sea and (10) Fish for, catch, possess, retain, or
incidental capture of listed whales with
the Gulf of Mexico, except when green- land an Atlantic swordfish using, or
shark gillnet gear as required by
stick gear is onboard, as specified at captured on, ‘‘buoy gear’’ as defined at
§ 635.21(g)(1).
§ 635.21(c)(2)(vii)(A) and (c)(5)(iii)(B)(3). § 635.2, unless, as specified in
* * * * * (37) Use or deploy J-hooks with
(54) Possess, use, or deploy, in the § 635.19(e)(3), the vessel owner has been
pelagic longline gear from a vessel that issued a swordfish directed limited
Gulf of Mexico, any circle hook, other has been issued, or is required to have,
than as described at § 635.21(c). Vessels access permit or a swordfish handgear
a limited access swordfish, shark, or limited access permit in accordance
in the Gulf of Mexico, with pelagic gear tuna longline category permit for use in
onboard, are prohibited from with § 635.4(f) or a valid HMS
the Atlantic Ocean, including the Commercial Caribbean Small Boat
possessing, using, or deploying circle Caribbean Sea and Gulf of Mexico, as
hooks that are constructed of round wire permit in accordance with § 635.4(o).
specified in § 635.21(c)(5)(iii)(B).
stock which is larger than 3.65 mm in (38) As specified in * * * * *
diameter (See: § 635.21(c)(5)(iii)(B)(3), possess more (17) Failure to construct, deploy, or
§ 635.21(c)(5)(iii)(B)(2)(i)). than 20 J-hooks onboard a vessel that retrieve buoy gear as specified at
* * * * * has been issued, or is required to have, § 635.21(h).
(56) Have been issued a valid HMS a limited access swordfish, shark, or * * * * *
Commercial Caribbean Small Boat tuna Longline category permit for use in [FR Doc. 2017–00325 Filed 1–10–17; 8:45 am]
permit and to purchase, barter for, or the Atlantic Ocean, including the BILLING CODE 3510–22–P
sradovich on DSK3GMQ082PROD with RULES

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Document Created: 2018-02-01 14:59:16
Document Modified: 2018-02-01 14:59:16

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 January 11, 2017.
Contact		Larry Redd or Karyl Brewster-Geisz by phone at 301-427-8503.
FR Citation		82 FR 3209
RIN Number		0648-BG49
CFR Associated		Fisheries; Fishing; Fishing Vessels; Foreign Relations; Imports; Penalties; Reporting and Recordkeeping Requirements and Treaties

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

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

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

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration