[Federal Register Volume 78, Number 182 (Thursday, September 19, 2013)]
[Rules and Regulations]
[Pages 57534-57537]
From the Federal Register Online via the Government Printing 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: Scott.Sandorf@noaa.gov.

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