[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Rules and Regulations]
[Pages 72993-72994]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29519]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 110208116-2233-02]
RIN 0648-BA75


Atlantic Highly Migratory Species; Electronic Dealer Reporting 
Requirements; Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; correction.

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SUMMARY: This action is a technical amendment to a rule not yet in 
effect. It contains a correction to the final regulations regarding 
electronic dealer reporting, which published August 8, 2012, with an 
effective date of January 1, 2013.

DATES: Effective January 1, 2013, and is applicable beginning January 
1, 2013.

FOR FURTHER INFORMATION CONTACT: Delisse Ortiz or Karyl Brewster-Geisz 
at 301-427-8503, or Jackie Wilson at 240-338-3936.

SUPPLEMENTARY INFORMATION: 

Background

    On June 28, 2011 (76 FR 37750), NMFS published a proposed rule that 
would among other things, require electronic dealer reporting for all 
federal Atlantic HMS dealers. On August 8, 2012 (77 FR 47303), the 
final rule for electronic dealer reporting was published, with a 
delayed implementation of January 1, 2013. On June 22, 2012 (77 FR 
37647), NMFS published a proposed rule that would implement the 
International Commission for the Conservation of Atlantic Tunas (ICCAT) 
Recommendation 11-08, which prohibits retaining, transshipping, or 
landing silky sharks caught in association with ICAAT fisheries. On 
October 4, 2012 (77 FR 60632), NMFS published a final rule that 
implemented these silky shark management measures, with an effective 
date of November 5, 2012.

Need for Correction

    Both the silky shark rule and the electronic dealer reporting rule 
made changes to regulatory text at Sec.  635.31(c)(6). This document 
corrects the final electronic dealer reporting rule by revising the 
first sentence of Sec.  635.31(c)(6) to make it consistent with 
amendments made to that section in the shark rule. The shark rule 
became effective on November 5, 2012, after publication, but prior to 
the effective date, of the electronic dealer final rule. Without this 
technical amendment, when the electronic dealer rule becomes effective 
on January 1, 2013, it would inadvertently undo the dealer prohibition 
on purchasing (first receiving) silky sharks contained in the shark 
rule and codified in Sec.  635.31(c)(6). All other information remains 
unchanged and will not be repeated in this correction.

Correction of Publication

    In the final rule that published in the Federal Register Wednesday, 
August 8, 2012 (77 FR 47303), the following correction is made. On page 
47317, in column 3, in Sec.  635.31, paragraph (c)(6) is correctly 
revised to read as follows:


Sec.  635.31  Restrictions on sale and purchase.

* * * * *
    (c) * * *
    (6) A dealer issued a permit under this part may not first receive 
silky sharks, oceanic whitetip sharks or scalloped, smooth, or great 
hammerhead sharks from an owner or operator of a fishing vessel with 
pelagic longline gear on board, or from the owner of a fishing vessel 
issued both a HMS Charter/Headboat permit and a commercial shark permit 
when tuna, swordfish or billfish are on board the vessel,

[[Page 72994]]

offloaded from the vessel, or being offloaded from the vessel.
* * * * *

    Dated: December 3, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.
[FR Doc. 2012-29519 Filed 12-6-12; 8:45 am]
BILLING CODE 3510-22-P