[Federal Register Volume 66, Number 24 (Monday, February 5, 2001)]
[Rules and Regulations]
[Pages 8903-8904]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2957]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 991210332-0212-02; I.D. 122700B]
RIN 0648-AO95


Atlantic Highly Migratory Species (HMS) Fisheries; Regulatory 
Adjustments

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

ACTION: Final rule; technical amendment.

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SUMMARY: NMFS amends the final regulations governing the Atlantic HMS 
fisheries to clarify the annual quota for blue sharks, to revise a 
cross-reference for shark size limits, and to revise the specifications 
for the East Florida Coast and Charleston Bump closed areas as intended 
by the recent final rule to minimize bycatch and incidental catch in 
the pelagic longline fishery.

DATES: Effective January 31, 2001.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz at 301-713-2347, 
FAX: 301-713-1917.

SUPPLEMENTARY INFORMATION: On May 28, 1999, NMFS published a final rule 
(64 FR 29090) that implemented, among other things, the Atlantic Tunas, 
Swordfish, and Sharks Fishery Management Plan (HMS FMP), which was 
adopted by the agency in April 1999. The final consolidated rule 
included language specifying the semiannual blue shark quota but 
inadvertently omitted language specifying the annual blue shark quota. 
The final consolidated rule also incorrectly cross-referenced the shark 
minimum size limit that is specified in the HMS FMP.
    Additionally, on August 1, 2000, NMFS published a final rule (65 FR 
47214) that prohibited pelagic longline fishing at certain times and in 
certain areas within the Exclusive Economic Zone (EEZ) of the Atlantic 
Ocean off the coast of the Southeastern United States and in the Gulf 
of Mexico. In that final rule, the definitions for the East Florida 
Coast and Charleston Bump closed areas inadvertently specified parts of 
the Atlantic Ocean outside the U.S. EEZ. As noted throughout the record 
for the final rule, the agency intended the restrictions to apply only 
in the U.S. EEZ. This technical amendment corrects these errors in the 
regulatory text and does not change the intent of the final rule. Due 
to the respecification of the referenced closed areas and the need for 
NMFS to distribute this information to affected fishermen and State and 
Federal enforcement personnel, NMFS postpones initiation of those time/
area closures until March 1, 2001.

Classification

    The Assistant Administrator for Fisheries (AA), under 5 U.S.C. 
553(b)(B), finds that providing prior notice and opportunity for public 
comment on this final rule is unnecessary and contrary to the public 
interest. This final rule corrects earlier rules by clarifying 
regulatory text inconsistent with the final HMS FMP and the Final 
Supplemental Environmental Impact Statement for the regulatory 
amendment reducing bycatch, bycatch mortality, and incidental catch in 
the Atlantic pelagic longline fishery. These corrections and 
clarifications are necessary to avoid adverse impacts on fishery 
participants that would result from inconsistent interpretations of the 
regulations relative to these regulations and/or the inability of NMFS 
to enforce regulations due to lack of clarity. For similar reasons, the 
AA, under 5 U.S.C. 553(d)(3), finds that delaying the effective date of 
this final rule for 30 days is unnecessary and contrary to the public 
interest.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or by any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable. This action is

[[Page 8904]]

not significant under the meaning of Executive Order 12866.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Statistics, Treaties.

    Dated: January 30, 2001
William T. Hogarth,
Acting Assistant Administrator for Fisheries, 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

    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.

    2. In Sec. 635.2, the definitions of ``Charleston Bump closed 
area'' and ``East Florida Coast closed area'' are revised to read as 
follows:


Sec. 635.2  Definitions.

* * * * *
    Charleston Bump closed area means the Atlantic Ocean area seaward 
of the inner boundary of the U.S. EEZ from a point intersecting the 
inner boundary of the U.S. EEZ at 34 deg.00' N. lat. near Wilmington 
Beach, NC, and proceeding due east to connect by straight lines the 
following coordinates in the order stated: 34 deg.00' N. lat., 
76 deg.00' W. long.; 31 deg.00' N. lat., 76 deg.00' W. long.; then 
proceeding due west to intersect the inner boundary of the U.S. EEZ at 
31 deg.00' N. lat. near Jekyll Island, GA.
* * * * *
    East Florida Coast closed area means the Atlantic Ocean area 
seaward of the inner boundary of the U.S. EEZ from a point intersecting 
the inner boundary of the U.S. EEZ at 31 deg.00' N. lat. near Jekyll 
Island, GA, and proceeding due east to connect by straight lines the 
following coordinates in the order stated: 31 deg.00' N. lat., 
78 deg.00' W. long.; 28 deg.17' N. lat., 79 deg.12' W. long.; then 
proceeding along the outer boundary of the EEZ to the intersection of 
the EEZ with 24 deg.00' N. lat.; then proceeding due west to the 
following coordinates: 24 deg.00' N. lat., 81 deg.47' W. long.; then 
proceeding due north to intersect the inner boundary of the U.S. EEZ at 
81 deg.47' W. long. near Key West, FL.
* * * * *

    3. In Sec. 635.21, paragraphs (c)(2)(ii) and (iii) are revised to 
read as follows:


Sec. 635.21  Gear operation and deployment restrictions.

* * * * *
    (c) * * *
    (2) * * *
    (ii) In the Charleston Bump closed area from March 1 through April 
30, 2001, and from February 1 through April 30 each calendar year 
thereafter;
    (iii) In the East Florida Coast closed area at any time beginning 
at 12:01 a.m. on March 1, 2001; and
* * * * *

    4. In Sec. 635.22, the first sentence of paragraph (c) is revised 
to read as follows:


Sec. 635.22  Recreational retention limits.

* * * * *
    (c) Sharks. One shark from either the large coastal, small coastal 
or pelagic group may be retained per vessel per trip, subject to the 
size limits described in Sec. 635.20(e), and, in addition, one Atlantic 
sharpnose shark may be retained per person per trip. * * *
* * * * *

    5. In Sec. 635.27, paragraph (b)(1)(iii) is revised to read as 
follows:


 Sec. 6355.27  Quotas.

* * * * *
    (b) * * *
    (1) * * *
    (iii) Pelagic sharks. The annual commercial quotas for pelagic 
sharks are 92 mt dw for porbeagle sharks, 273 mt dw for blue sharks, 
and 488 mt dw for pelagic sharks other than porbeagle or blue sharks 
(unless otherwise specified in the Federal Register as provided in 
paragraph (b)(1)(iv) of this section). These quotas are divided between 
two semiannual periods, January 1 through June 30, and July 1 through 
December 31. The quotas for each semiannual period are as follows:
    (A) Porbeagle shark-46 mt dw.
    (B) Blue sharks-136.5 mt dw.
    (C) Pelagic sharks, other than porbeagle or blue sharks-244 mt dw.
* * * * *
[FR Doc. 01-2957 Filed 1-31-01; 3:33 pm]
BILLING CODE 3510-22-S