[Federal Register Volume 78, Number 182 (Thursday, September 19, 2013)]
[Rules and Regulations]
[Pages 57534-57537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22728]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Parts 622 and 640
[Docket No. 120403251-3787-02]
RIN 0648-BB70
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS adopts as final with some changes an interim final rule
published April 17, 2013, which reorganized the regulations
implementing the fishery management plans (FMPs) for the Southeast
Region, NMFS, and amended references to the Paperwork Reduction Act
(PRA) information-collection requirements. The new part 622 contains
regulations implementing management measures contained in the FMPs for
the following domestic fisheries in the Caribbean, Gulf of Mexico, and
South Atlantic: Caribbean coral, Caribbean reef fish, Caribbean spiny
lobster, Caribbean queen conch, Gulf red drum, Gulf reef fish, Gulf
shrimp, Gulf coral, Gulf and South Atlantic coastal migratory pelagics,
Gulf and South Atlantic spiny lobster, South Atlantic coral, South
Atlantic snapper-grouper, South Atlantic shrimp, Atlantic dolphin and
wahoo, South Atlantic golden crab, and South Atlantic pelagic
sargassum. The intended effect of this final rule is to improve the
organization of these regulations and simplify their use.
DATES: This final rule is effective September 19, 2013. The
incorporation by reference of certain publications listed in the rule
is approved by the Director of the Federal Register as of April 17,
2013.
ADDRESSES: Electronic copies of documents supporting this final rule
may be obtained from the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Scott Sandorf, telephone: 727-824-5305
or email: [email protected].
SUPPLEMENTARY INFORMATION: Domestic fisheries in the Caribbean, Gulf of
Mexico, and South Atlantic are managed under the FMPs prepared by the
Caribbean, Gulf of Mexico, and/or
[[Page 57535]]
South Atlantic Fishery Management Councils under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.)
On April 17, 2013, NMFS published an interim final rule to
reorganize the regulations for the 15 fisheries that had been in part
622, and reorganize and incorporate the part 640 regulations (Gulf and
South Atlantic spiny lobster) into part 622 (78 FR 22950). With that
incorporation, all Magnuson-Stevens Act fisheries regulations
applicable to the Caribbean, Gulf of Mexico, and South Atlantic are in
a single location, part 622. The interim final rule also revised the
references for PRA requirements in 15 CFR part 902. The background and
rationale for the reorganization were explained in the interim final
rule and are not repeated here.
Comments and Responses
NMFS provided a 30-day comment period on the interim final rule for
the public to comment on the structure and format of the reorganization
of 50 CFR part 622, and not on the regulations currently in effect,
which are outside the scope of this rulemaking. NMFS received five
comments on the interim final rule, including four comment letters from
individuals and one submission from a Federal agency. The Federal
agency stated that it had no comment. Two of the comments expressed
general support for the reorganization and the other two comments were
outside the scope of the rulemaking.
Changes From the Interim Final Rule
Prior to the interim final rule, both part 622 and part 640
contained a general prohibitions section that listed specific
management prohibitions. The interim final rule revised this approach
by including a generic prohibition under each fishery subpart rather
than a list of specific prohibtions. After further consideration during
the comment period on the interim final rule, NMFS decided to include a
list of the specific prohibitions in subpart A, instead of including a
generic prohibition under each fishery subpart. NMFS has determined
that the previous approach is more direct and easier for the public to
understand and is not substantively different in its content or
applicability. The regulatory text within part 622 is being revised
within this final rule to reflect this change.
All other codified text contained in the interim final rule that
published on April 17, 2013, remains unchanged.
Classification
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Administrator, Southeast Region, NMFS, has determined that this
final rule is consistent with the Magnuson-Stevens Act and other
applicable laws.
The Assistant Administrator for Fisheries, NOAA, (AA), finds good
cause under 5 U.S.C. 553(d)(3) to waive the requirement to delay for 30
days the effectiveness of this rule. Providing a delay of the
effectiveness of this rule is unnecessary because this final rule does
not make any substantive changes to the regulations. Instead, this
final rule makes changes to the reorganizational structure of the
regulations implemented in the interim final rule that published on
April 17, 2013 (78 FR 22950). Specifically, this final rule removes the
generic prohibitions under each fishery subpart implemented in the
interim final rule and adds specific prohibitions in the general
prohibitions section in Sec. 622.13, as were in effect before the
interim final rule was implemented. NMFS determined that having
specific prohibitions in the general prohibitions section is more
direct and easier for the public to understand and will avoid
confusion. Providing a delay of the effectiveness of this rule is also
contrary to the public interest as these regulations are already
currently in effect and the intent of the reorganization is to provide
the regulations in a format that enhances the public's ability to
locate and understand applicable regulatory requirements.
Because prior notice and opportunity for public comment was not
required for the interim final rule by 5 U.S.C. 553 or any other law,
the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C.
601 et seq. were inapplicable. Accordingly, no Regulatory Flexibility
Analysis was required and none has been prepared. Additionally, no
public comments were received subsequent to publication of the interim
final rule regarding this determination and NMFS has not received any
new information that would affect this determination.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf of Mexico, Incorporation by reference,
Puerto Rico, Reporting and recordkeeping requirements, South Atlantic,
Virgin Islands.
Dated: September 12, 2013.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, performing the
functions and duties of the Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons set out in the preamble, the interim final rule
amending 15 CFR part 902 and 50 CFR parts 622 and 640 that was
published at 78 FR 22950 on April 17, 2013, is adopted as final with
the following changes.
50 CFR Chapter VI
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Section 622.13 is revised to read as follows:
Sec. 622.13 Prohibitions--general.
In addition to the general prohibitions in Sec. 600.725 of this
chapter, it is unlawful for any person to do any of the following:
(a) Engage in an activity for which a valid Federal permit,
license, or endorsement is required under this part without such
permit, license, or endorsement.
(b) Falsify information on an application for a permit, license, or
endorsement or submitted in support of such application, as specified
in this part.
(c) Fail to display a permit, license, or endorsement, or other
required identification, as specified in this part.
(d) Falsify or fail to maintain, submit, or provide information or
fail to comply with inspection requirements or restrictions, as
specified in this part.
(e) Fail to make a fish, or parts thereof, available for
inspection, as specified in this part.
(f) Falsify or fail to display and maintain vessel and gear
identification, as specified in this part.
(g) [Reserved]
(h) [Reserved]
(i) Fail to comply with any requirement or restriction regarding
ITQ coupons, as specified in Sec. 622.172.
(j) Possess wreckfish as specified in Sec. 622.172, receive
wreckfish except as specified in Sec. 622.172, or offload a wreckfish
except as specified in Sec. 622.172.
(k) Transfer--
(1) A wreckfish, as specified in Sec. 622.172;
(2) A limited-harvest species, as specified in this part;
[[Page 57536]]
(3) A species/species group subject to a bag limit, as specified in
this part;
(4) South Atlantic snapper-grouper from a vessel with unauthorized
gear on board, as specified in Sec. 622.188; or
(5) A species subject to a commercial trip limit, as specified in
this part.
(l) Use or possess prohibited gear or methods or possess fish in
association with possession or use of prohibited gear, as specified in
this part.
(m) Fish for, harvest, or possess a prohibited species, or a
limited-harvest species in excess of its limitation, sell or purchase
such species, fail to comply with release requirements, molest or strip
eggs from a lobster, or possess a lobster, or part thereof, from which
eggs, swimmerettes, or pleopids have been removed or stripped, as
specified in this part.
(n) Fish in violation of the prohibitions, restrictions, and
requirements applicable to seasonal and/or area closures, including but
not limited to: Prohibition of all fishing, gear restrictions,
restrictions on take or retention of fish, fish release requirements,
and restrictions on use of an anchor or grapple, as specified in this
part or as may be specified under this part.
(o) Harvest, possess, offload, sell, or purchase fish in excess of
the seasonal harvest limitations, as specified in this part.
(p) Except as allowed for king and Spanish mackerel and Gulf of
Mexico and South Atlantic spiny lobster, possess undersized fish, fail
to release undersized fish, or sell or purchase undersized fish, as
specified in this part.
(q) Fail to maintain a fish intact through offloading ashore, as
specified in this part.
(r) Exceed a bag or possession limit, as specified in this part.
(s) Fail to comply with the limitations on traps and pots,
including but not limited to: Tending requirements, constructions
requirements, and area specific restrictions, as specified in this
part.
(t) Fail to comply with the species-specific limitations, as
specified in this part.
(u) Fail to comply with the restrictions that apply after closure
of a fishery, sector, or component of a fishery, as specified in this
part.
(v) Possess on board a vessel or land, purchase, or sell fish in
excess of the commercial trip limits, as specified in this part.
(w) Fail to comply with the restrictions on sale/purchase, as
specified in this part.
(x) Interfere with fishing or obstruct or damage fishing gear or
the fishing vessel of another, as specified in this part.
(y) Fail to comply with the requirements for observer coverage as
specified in this part.
(z) Assault, resist, oppose, impede, intimidate, or interfere with
a NMFS-approved observer aboard a vessel.
(aa) Prohibit or bar by command, impediment, threat, coercion, or
refusal of reasonable assistance, an observer from conducting his or
her duties aboard a vessel.
(bb) Fish for or possess golden crab in or from a fishing zone or
sub-zone of the South Atlantic EEZ other than the zone or sub-zone for
which the vessel is permitted or authorized, as specified in Sec.
622.241.
(cc) Falsify information submitted regarding an application for
testing a BRD or regarding testing of a BRD, as specified in Sec. Sec.
622.53 and 622.207.
(dd) Make a false statement, oral or written, to an authorized
officer regarding the installation, use, operation, or maintenance of a
vessel monitoring system (VMS) unit or communication service provider.
(ee) Operate or own a vessel that is required to have a permitted
operator aboard when the vessel is at sea or offloading without such
operator aboard, as specified in this part.
(ff) When a vessel that is subject to Federal fishing regulations
is at sea or offloading, own or operate such vessel with a person
aboard whose operator permit is revoked, suspended, or modified.
(gg) Fail to comply with any provision related to a vessel
monitoring system (VMS) as specified in this part, including but not
limited to, requirements for use, installation, activation, access to
data, procedures related to interruption of VMS operation, and
prohibitions on interference with the VMS.
(hh) Fail to comply with the protected species conservation measure
as specified in this part.
(ii) Fail to comply with any provision related to the IFQ program
for Gulf red snapper as specified in Sec. 622.21, or the IFQ program
for Gulf groupers and tilefishes as specified in Sec. 622.22.
(jj) Falsify any information required to be submitted regarding the
IFQ program for Gulf red snapper as specified in Sec. 622.21, or the
IFQ program for Gulf groupers and tilefishes as specified in Sec.
622.22.
(kk) Fail to comply with the Caribbean, Gulf of Mexico, and South
Atlantic spiny lobster import prohibitions, as specified in this part.
(ll) Possess a Gulf of Mexico or South Atlantic spiny lobster trap
in the EEZ at a time not authorized, as specified in subpart R.
(mm) Harvest or attempt to harvest a Gulf of Mexico or South
Atlantic spiny lobster by diving without having and using in the water
a measuring device, as specified in subpart R.
(nn) Possess Gulf of Mexico or South Atlantic spiny lobsters aboard
a vessel that uses or has on board a net or trawl in an amount
exceeding the limits, as specified in subpart R.
(oo) Operate a vessel that fishes for or possesses Gulf of Mexico
or South Atlantic spiny lobster in or from the EEZ with spiny lobster
aboard in an amount exceeding the cumulative bag and possession limit,
as specified in subpart R.
(pp) [Reserved]
(qq) Fail to comply with any other requirement or restriction
specified in this part or violate any provision(s) of this part.
Sec. 622.44 [Removed]
0
3. Section 622.44 is removed.
Sec. 622.61 [Removed]
0
4. Section 622.61 is removed.
Sec. 622.78 [Removed]
0
5. Section 622.78 is removed.
Sec. 622.93 [Removed]
0
6. Section 622.93 is removed.
Sec. 622.195 [Removed]
0
7. Section 622.195 is removed.
Sec. 622.211 [Removed]
0
8. Section 622.211 is removed.
Sec. 622.228 [Removed]
0
9. Section 622.228 is removed.
Sec. 622.253 [Removed]
0
10. Section 622.253 is removed.
Sec. 622.282 [Removed]
0
11. Section 622.282 is removed.
Sec. 622.304 [Removed]
0
12. Section 622.304 is removed.
Sec. 622.390 [Removed]
0
13. Section 622.390 is removed.
Sec. 622.414 [Removed]
0
14. Section 622.414 is removed and reserved.
Sec. 622.441 [Removed]
0
15. Section 622.441 is removed.
Sec. 622.460 [Removed]
0
16. Section 622.460 is removed.
[[Page 57537]]
Sec. 622.475 [Removed]
0
17. Section 622.475 is removed.
Sec. 622.498 [Removed]
0
18. Section 622.498 is removed.
[FR Doc. 2013-22728 Filed 9-18-13; 8:45 am]
BILLING CODE 3510-22-P