[Federal Register Volume 78, Number 116 (Monday, June 17, 2013)]
[Proposed Rules]
[Pages 36149-36150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-14331]
[[Page 36149]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 600
[Docket No. 111014628-3329-01]
RIN 0648-BB54
Magnuson-Stevens Act Provisions; Implementation of the Shark
Conservation Act of 2010; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; extension of comment period; correction.
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SUMMARY: NMFS published a proposed rule on May 2, 2013, to implement
provisions of the Shark Conservation Act of 2010 (SCA) that prohibit
any person from removing any of the fins of a shark at sea, possessing
shark fins on board a fishing vessel unless they are naturally attached
to the corresponding carcass, transferring or receiving fins from one
vessel to another at sea unless the fins are naturally attached to the
corresponding carcass, landing shark fins unless they are naturally
attached to the corresponding carcass, or landing shark carcasses
without their fins naturally attached. NMFS proposes this action to
amend existing regulations and make them consistent with the SCA. The
public comment period for the proposed rule ends on June 17, 2013. NMFS
is extending the public comment period for an additional 21 days, to
July 8, 2013, to provide additional time for various stakeholders and
other members of the public to submit comments. Additionally, this
action corrects technical errors found on page 25688 under the
Classification section of the proposed rule.
DATES: The public comment period for the proposed rule published at 78
FR 25685, May 2, 2013, is extended from June 17, 2013, to July 8, 2013.
Comments must be received no later than July 8, 2013.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2012-0092, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal www.regulations.gov. To
submit comments via the e-Rulemaking Portal, first click the ``submit a
comment'' icon, then enter NOAA-NMFS-2012-0092 in the keyword search.
Locate the document you wish to comment on from the resulting list and
click on the ``Submit a Comment'' icon on the right of that line.
Mail: Submit written comments to Erin Wilkinson, National
Marine Fisheries Service (SF3), NOAA; 1315 East-West Highway, Silver
Spring, MD 20910.
Fax 301-713-1193; Attn: Erin Wilkinson.
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered. All comments received are a part of the public
record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.) submitted voluntarily by the
sender will be publicly accessible. Do not submit confidential business
information, or otherwise sensitive or protected information. NMFS will
accept anonymous comments (enter ``N/A'' in the required fields if you
wish to remain anonymous). Attachments to electronic comments will be
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file
formats only.
Electronic copies of the Environmental Assessment (EA), the
Regulatory Impact Review (RIR), and the Initial Regulatory Flexibility
Analysis (IRFA) prepared for this action are available on the Federal
e-Rulemaking Portal www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Erin Wilkinson, 301-427-8561;
[email protected].
SUPPLEMENTARY INFORMATION: On May 2, 2013, NMFS published a proposed
rule in the Federal Register (78 FR 25685) to implement provisions of
the SCA that prohibit any person from removing any of the fins of a
shark at sea, possessing shark fins on board a fishing vessel unless
they are naturally attached to the corresponding carcass, transferring
or receiving fins from one vessel to another at sea unless the fins are
naturally attached to the corresponding carcass, landing shark fins
unless they are naturally attached to the corresponding carcass, or
landing shark carcasses without their fins naturally attached. NMFS
proposes this action to amend existing regulations and make them
consistent with the SCA.
Public Comment Extension
The public comment period for the proposed rule ends on June 17,
2013. Several environmental organizations have commented that the
proposed rule should identify specific state and territorial shark fin
laws, or provisions of those laws that are preempted by Federal law.
Federal preemption is based on Congressional intent to preempt state
law. Accordingly, the proposed rule set forth NMFS' understanding of
Congressional intent with regard to Federal fisheries management under
the MSA, which includes Federal shark fin measures in subsection
307(1)(P). As noted in the proposed rule, several states and
territories have enacted shark fin laws, which vary, and preemption
will depend in part on how states interpret their laws. States and
territories are the authorities on the intent and interpretation of
their state shark fin laws. NMFS is consulting with the states and
territories regarding their laws, possible areas of conflict, and ways
to avoid such conflict. See Section 4 of Executive Order 13132 (August
4, 1999) (setting forth special requirements for preemption).
Due to the public concern regarding this action, NMFS extends the
public comment period for an additional 21 days until July 8, 2013. The
extension of the comment period ensures that NMFS provides adequate
time for stakeholders and members of the public to comment on the
proposed rule to implement the provisions of the Shark Conservation Act
of 2010. As provided in the proposed rule, states have until July 8,
2013, to notify NMFS if the proposed activity is consistent with the
Coastal Zone Management Act of 1979, so granting an extension of 21
days does not delay the rule making process.
Need for Correction
Page 25688 of the proposed rule published in the Federal Register
on May 2, 2013 included three technical errors.
In paragraph two of column one on page 25688, the preamble states:
``In 2011, 243 commercial vessels had shark landings on the west coast
and total ex-vessel revenue for west coast shark landings was $349,634.
Thus, in 2011, average ex-vessel revenue per vessel from shark landings
was approximately $1,450.'' This sentence contains incorrect landings
data and needs to be corrected.
Paragraph three of column three on page 25688 states: ``In 2011,
about 620,256 west coast recreational trips (days) by party and charter
boats retained about 16 metric tons of sharks.'' This sentence also
contains incorrect data and needs to be corrected.
[[Page 36150]]
Corrections
1. In the Federal Register of May 2, 2013, on page 25688, in the
first column, second paragraph, the second sentence is corrected to
read as follows:
``In 2011, 243 commercial vessels had shark landings on the west
coast and total ex-vessel revenue for west coast shark landings was
$357,169. Thus, in 2011, average ex-vessel revenue per vessel from
shark landings was approximately $1,470.''
2. On page 25688, in the third column, third paragraph, the second
sentence is corrected to read as follows:
``In 2011, about 620,256 west coast recreational trips (days) by
party and charter boats retained about 11 metric tons of sharks.''
Authority: 16 U.S.C. 1801 et seq.
Dated: June 11, 2013.
Samuel D. Rauch III,
Deputy Assistant Administrator for Fisheries, performing the functions
and duties of the Assistant Administrator for Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-14331 Filed 6-14-13; 8:45 am]
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