[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