[Federal Register Volume 79, Number 220 (Friday, November 14, 2014)]
[Rules and Regulations]
[Pages 68135-68136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-26977]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 140930815-4916-01]
RIN 0648-BE54
Highly Migratory Species; Technical Amendment to Regulations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; technical amendments.
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SUMMARY: NMFS is hereby making technical amendments to our regulations
without altering the substance of the regulations. These changes will
make our rules more internally consistent and easier to use. As a
result of reorganizing 50 CFR part 622 in a previously published final
rule (September 19, 2013), two cross-references in 50 CFR part 635 are
no longer accurate. This final rule only corrects the outdated cross-
references. The rule does not make any substantive change to the
regulations governing Atlantic Highly Migratory Species (HMS) or to
species managed by NMFS' Southeast Regional Office (SERO).
DATES: This final rule is effective on November 14, 2014.
ADDRESSES: Copies of other documents relevant to this rule are
available from the Highly Migratory Species Management Division Web
site at http://www.nmfs.noaa.gov/sfa/hms/ or upon request from the
Atlantic HMS Management Division at 1315 East-West Highway, Silver
Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Rick Pearson at 727-824-5399.
SUPPLEMENTARY INFORMATION: Atlantic HMS are managed under the dual
authority of the Magnuson-Stevens Fishery Conservation and Management
Act (Magnuson-Stevens Act) and the Atlantic Tunas Convention Act
(ATCA). The authority to issue regulations under the Magnuson-Stevens
Act and ATCA has been delegated from the Secretary of Commerce to the
Assistant Administrator for Fisheries, NOAA (AA). On May 28, 1999, NMFS
published in the Federal Register (64 FR 29090) regulations
implementing the Fishery Management Plan for Atlantic Tunas, Swordfish,
and Sharks (1999 FMP). On October 2, 2006, NMFS published in the
Federal Register (71 FR 58058) regulations implementing the 2006
Consolidated Highly Migratory Species (HMS) FMP, which details the
management measures for Atlantic HMS fisheries. The implementing
regulations for Atlantic HMS are at 50 CFR part 635.
Background
These technical amendments are issued under 50 CFR part 635,
entitled ``Atlantic Highly Migratory Species.'' Currently, the
regulations at 50 CFR part 635 contain cross-references to several
restricted fishing areas that are described in 50 CFR part 622,
entitled ``Fisheries of the Caribbean, Gulf, and South Atlantic.'' The
cross-references in 50 CFR part 635 ensure consistency with the
regulations at 50 CFR part 622 to protect certain reef species and/or
habitat managed by the Caribbean, South Atlantic, and Gulf of Mexico
Fishery Management Councils. For example, some areas have been closed
to bottom longline gear for reef fish permit holders through the 50 CFR
part 622 regulations for the Caribbean, Gulf, and South Atlantic. NMFS
through rulemaking enacted complementary regulations to prohibit bottom
longline gear in these same areas by HMS permit holders to implement
the closures more effectively.
On April 17, 2013, NMFS published an interim final rule (78 FR
22950) to reorganize the regulations implementing fishery management
plans developed by the Caribbean, South Atlantic, and Gulf of Mexico
Fishery Management Councils. The interim final rule did not create any
new obligations, but reorganized the existing regulatory requirements
in the Code of Federal Regulations in a more logical format; i.e., by
fishery, so that the public could locate regulatory requirements more
easily. The final rule was published on September 19, 2013 (78 FR
57534). As a result of reorganizing 50 CFR part 622, two cross-
references in 50 CFR part 635 are no longer accurate. With
reorganization and changes in references to the 50 CFR part 622
regulations, parallel changes are now needed in the HMS regulations at
50 CFR part 635. This technical amendment would only correct the
outdated cross-references. No other changes are being considered or
implemented.
Corrections
Currently, the regulations at Sec. 635.21(a)(4)(i) contain a
cross-reference to areas designated at Sec. 622.34(d), the Tortugas
marine reserves habitat area of particular concern (HAPC). This final
rule corrects the cross-reference to indicate the same areas, which are
now designated at Sec. 622.74(c), and specifies the name of the areas
as the ``Tortugas marine reserves HAPC.''
The regulations at Sec. 635.21(d)(1)(ii) currently contain a
cross-reference to areas designated at Sec. 622.33(a)(1) through (3),
the Mutton snapper spawning aggregation area, the Red hind spawning
aggregation areas, and the Grammanik Bank closed area. This final rule
corrects the cross-reference to indicate the same areas, which are now
designated at Sec. 622.435(a)(2)(i) through (iii).
Classification
The NMFS Assistant Administrator (AA) has determined that this
final rule is necessary for the conservation and management of U.S.
Caribbean and Gulf
[[Page 68136]]
of Mexico fisheries and that it is consistent with the Magnuson-Stevens
Fishery Conservation and Management Act, the 2006 Consolidated Atlantic
HMS FMP and its amendments, ATCA, and other applicable law.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment would be unnecessary and contrary to the public interest.
This is a non-discretionary, technical amendment that must be
implemented to reduce confusion by updating the regulations at 50 CFR
part 635 which reference 50 CFR part 622. This final rule implements
only corrective, non-substantive changes and will not result in any
change in fishing activity. It is solely administrative in nature.
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effective date for this non-substantive rule. The basis for
this waiver is the need to implement the action in a timely manner to
correct outdated cross-references to other regulations. Any delay in
implementation would result in the continuation of incorrect cross-
references in the regulations at 50 CFR part 635. This would create
confusion, for example, because the current regulation at Sec.
635.21(a)(4)(i) incorrectly prohibits fishing for HMS, or anchoring a
vessel, in an area that is closed seasonally to recreational fishing
for shallow water grouper, rather than in the area originally
identified as the Tortugas marine reserves HAPC, prior to
reorganization of the regulations at 50 CFR part 622 in September 2013.
Similarly, the current regulation at Sec. 635.21(d)(1)(ii) prohibits
HMS-permitted vessels with bottom longline gear on board from deploying
any fishing gear year-round in areas incorrectly identified in a
paragraph in 50 CFR part 622, which does not describe any areas.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Because prior notice and opportunity for public comment are not
required for this 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., are inapplicable.
NMFS has determined that fishing activities conducted pursuant to
this rule will not affect endangered and/or threatened species or
critical habitat under the Endangered Species Act, or marine mammals
because the action will not result in any change or increase in fishing
activity, and is solely administrative in nature.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels.
Dated: November 6, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 635 is amended
as follows:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
0
1. The authority citation for part 635 continues to read as follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
0
2. In Sec. 635.21, revise paragraphs (a)(4)(i) and (d)(1)(ii) to read
as follows:
Sec. 635.21 Gear operation and deployment restrictions.
(a) * * *
(4) * * *
(i) No person may fish for, catch, possess, or retain any Atlantic
highly migratory species or anchor a fishing vessel that has been
issued a permit or is required to be permitted under this part, in the
Tortugas marine reserves HAPC designated at Sec. 622.74(c) of this
chapter.
* * * * *
(d) * * *
(1) * * *
(ii) The areas designated at Sec. 622.435(a)(2)(i) through (iii)
of this chapter, year-round; and
* * * * *
[FR Doc. 2014-26977 Filed 11-13-14; 8:45 am]
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