[Federal Register Volume 64, Number 211 (Tuesday, November 2, 1999)]
[Rules and Regulations]
[Pages 59125-59126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28480]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 990924262-9262-01; I.D. 091699A]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Technical Amendment

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; technical amendment.

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SUMMARY: This final rule, technical amendment, revises outdated 
terminology, removes outdated provisions, and makes other minor changes 
for clarity and consistency. The intended effect of this final rule is 
to conform the regulatory language to current terms and to improve 
readability and clarity of the regulations.

DATES: This rule is effective November 2, 1999.

FOR FURTHER INFORMATION CONTACT: Rodney C. Dalton, phone: 727-570-5325 
or fax: 727-570-5583.

SUPPLEMENTARY INFORMATION: In 1996, the title of a NMFS Regional 
Director was changed to ``Regional Administrator.'' This rule revises 
50 CFR part 622 accordingly.
    NMFS is replacing the term ``sunset'' with the term ``official 
sunset'' where it appears in 50 CFR part 622 and is adding definitions 
for the terms ``official sunrise'' and ``official sunset.'' ``Official 
sunrise'' and ``official sunset'' are defined as the times for sunrise 
and sunset as determined for the date and location in The Nautical 
Almanac, prepared by the U.S. Naval Observatory. These definitions 
conform with the historical usage of the terms ``sunset'' and 
``sunrise.'' The Nautical Almanac is available from the Government 
Printing Office and from commercial sources. In addition, times for any 
specified date and location may be obtained via the Internet at http://
www.usno.navy.mil/.
    For consistency with the paragraphing style in Sec. 622.4(a)(2), a 
heading is added for paragraph (a)(2)(x).
    The allowable harvest of wild live rock in the Gulf EEZ was 
discontinued at the end of 1996. This final rule removes language 
regarding permits, quotas, and trip limits for such harvest and at 
Sec. 622.45(e) makes the prohibitions on harvest of wild live rock 
uniform for both the Gulf and South Atlantic EEZ. Allowable harvest of 
wild live rock was discontinued in the South Atlantic EEZ at the end of 
1995.

Classification

    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    Because this rule makes only nonsubstantive and technical changes 
to existing regulations, no useful purpose would be served by providing 
advance notice and opportunity for public comment. Accordingly, the 
Assistant Administrator for Fisheries, NOAA, under 5 U.S.C. 553(b)(B), 
finds for good cause that providing notice and opportunity for public 
comment is unnecessary. Because the technical changes made by this rule 
are nonsubstantive, they are not subject to a 30-day delay in effective 
date under 5 U.S.C. 553(d).
    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.

List of Subjects in 15 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: October 22, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 622 is amended 
as follows:

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

    1. The authority citation for part 622 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.

    2. In Sec. 622.2, the definition of ``Regional Director (RD)'' is 
removed and the definitions of ``Official sunrise or official sunset'' 
and ``Regional Administrator (RA)'' are added in alphabetical order to 
read as follows:


Sec. 622.2  Definitions and acronyms.

* * * * *
    Official sunrise or official sunset means the time of sunrise or 
sunset as determined for the date and location in The Nautical Almanac, 
prepared by the U.S. Naval Observatory.
* * * * *
    Regional Administrator (RA), for the purposes of this part, means 
the Administrator, Southeast Region,

[[Page 59126]]

NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702, or a 
designee.
* * * * *
    3. In Sec. 622.4, paragraph (a)(3)(vi) is removed; in paragraph 
(a)(2)(ix), the reference to ``Sec. 622.44(e)(1) or (2)'' is removed 
and ``Sec. 622.44(d)(1) or (2)'' is added in its place; in paragraph 
(p)(1), the reference to ``Sec. 622.44(e)(1)'' is removed and 
``Sec. 622.44(d)(1)'' is added in its place; in paragraph (p)(2), the 
reference to ``Sec. 622.44(e)(2)'' is removed and ``Sec. 622.44(d)(2)'' 
is added in its place; a heading is added to paragraph (a)(2)(x) and 
the first sentence of paragraph (c) is revised to read as follows:


Sec. 622.4  Permits and fees.

    (a) * * *
    (2) * * *
    (x) South Atlantic golden crab. * * *
* * * * *
    (c) * * * The owner or operator of a vessel with a permit, a person 
with a coral permit, or a dealer with a permit must notify the RA 
within 30 days after any change in the application information 
specified in paragraph (b) of this section. * * *
* * * * *


Sec. 622.34  [Amended]

    4. In Sec. 622.34, paragraph (k) is removed and reserved and in 
paragraph (f) and in two places in paragraph (h)(1), ``sunset'' is 
removed and ``official sunset'' is added in its place.
    5. In Sec. 622.42, paragraph (b) is revised to read as follows:


Sec. 622.42  Quotas.

* * * * *
    (b) Gulf and South Atlantic allowable octocoral. The quota for all 
persons who harvest allowable octocoral in the EEZ of the Gulf and 
South Atlantic is 50,000 colonies. A colony is a continuous group of 
coral polyps forming a single unit.
* * * * *
    6. In Sec. 622.43, paragraphs (a)(2) and (b)(2) are revised to read 
as follows:


Sec. 622.43  Closures.

    (a) * * *
    (2) Gulf and South Atlantic allowable octocoral. Allowable 
octocoral may not be harvested or possessed in the Gulf EEZ or South 
Atlantic EEZ and the sale or purchase of allowable octocoral in or from 
the Gulf EEZ or South Atlantic EEZ is prohibited.
* * * * *
    (b) * * *
    (2) The prohibition on sale/purchase during a closure for allowable 
octocoral in paragraph (a)(2) of this section does not apply to 
allowable octocoral that was harvested and landed ashore prior to the 
effective date of the closure.
* * * * *


Sec. 622.44  [Amended]

    7. In Sec. 622.44, paragraph (d) is removed and paragraphs (e) and 
(f) are redesignated as paragraphs (d) and (e), respectively.
    8. In Sec. 622.45, paragraph (e) is revised to read as follows:


Sec. 622.45  Restrictions on sale/purchase.

* * * * *
    (e) Gulf and South Atlantic wild live rock. Wild live rock in or 
from the Gulf EEZ or South Atlantic EEZ may not be sold or purchased. 
The prohibition on sale or purchase does not apply to wild live rock 
from the South Atlantic EEZ that was harvested and landed prior to 
January 1, 1996, or to wild live rock from the Gulf EEZ that was 
harvested and landed prior to January 1, 1997.
* * * * *


Secs. 622.4,  622.5, 622.6, 622.15, 622.17, 622.18, 622.34, 622.46, and 
622.48 [Amended]

    9. In addition to the amendments set forth above, the acronym 
``RD'' or ``RD's'' is removed and the acronym ``RA'' or ``RA's'' is 
added in its place in the following places:
    (a) Section 622.4(b) introductory text (two occurrences), (d), 
(e)(1), (e)(2) (two occurrences), (h) (three occurrences), (m)(5), 
(m)(6), (n)(3)(iii), (n)(4), (n)(5), (o)(1), (p)(4), (p)(5)(ii)(C), 
(p)(6)(i), (p)(6)(ii)(A), (p)(6)(ii)(B) (three occurrences), 
(p)(6)(ii)(C) (seven occurrences), (q)(2) (two occurrences), (q)((7), 
and (q)(8);
    (b) Section 622.5(d)(2) introductory text and (d)(3);
    (c) Section 622.6(a)(1)(ii) introductory text, (b)(1)(i)(B) (two 
occurrences), (b)(1)(ii)(B), and (b)(1)(iii);
    (d) Section 622.15(a)(1), (a)(2) (four occurrences), (b) (four 
occurrences), (c)(1) (two occurrences), and (c)(2);
    (e) Section 622.17(b)(2), (c)(1), and (c)(2);
    (f) Section 622.18(d)(1) (two occurrences), (d)(2)(iv) (two 
occurrences), (d)(3)(i), (d)(3)(ii), (d)(4)(i) (three occurrences), 
(d)(4)(ii) (two occurrences), (d)(4)(iii), (d)(4)(iv), (d)(4)(v) (four 
occurrences), (e) introductory text, (e)(1)(i), (e)(1)(iii), (e)(2), 
(f), (g)(1)(i), (g)(1)(ii), (g)(2) (three occurrences), (g)(3)(i), 
(g)(3)(ii), (g)(3)(iii) (two occurrences), (g)(4)(i) (two occurrences), 
(g)(4)(iii), and (g)(5)(i);
    (g) Section 622.34(h)(2);
    (h) Section 622.41(g)(3)(i) (two occurrences), (h)(3)(i)(A) (two 
occurrences), (h)(3)(i)(B) (four occurrences), and (h)(3)(ii) (three 
occurrences);
    (i) Section 622.46(b) and (c) (two occurrences); and
    (j) Section 622.48 introductory text and (g).
[FR Doc. 99-28480 Filed 11-1-99; 8:45 am]
BILLING CODE 3510-22-F