[Federal Register Volume 80, Number 194 (Wednesday, October 7, 2015)]
[Rules and Regulations]
[Pages 60566-60568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25477]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150727647-5877-01]
RIN 0648-BF30


Atlantic 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 the regulations 
for Atlantic highly migratory species--specifically, to several 
restricted fishing areas--without altering the substance of the 
regulations. Also, this action re-inserts the longstanding statutorily 
required limit on length of gillnets that was erroneously removed from 
the regulations in late 2012, and corrects the end date of the Spring 
Gulf of Mexico gear restricted areas from May 30 to May 31. These 
changes will make the cross-references in regulations accurate, the 
gillnet length limit consistent with statutory requirements, and the 
dates on restrictions consistent with the supporting analyses and 
management goals. The rule is administrative in nature and does not 
make any change with substantive effect to the regulations governing 
Atlantic highly migratory species (HMS) fisheries.

DATES: This final rule is effective on October 7, 2015.

ADDRESSES: Copies of other documents relevant to this rule are 
available from the HMS 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: Andrew Rubin or Karyl Brewster-Geisz 
by phone at 301-427-8503.

SUPPLEMENTARY INFORMATION: Atlantic HMS are managed under the dual 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act, 16 U.S.C. 1801 et seq., (Magnuson-Stevens Act) and the Atlantic 
Tunas Convention Act, 16 U.S.C. 971 et seq., (ATCA). The authority to 
issue regulations under the Magnuson-Stevens Act and ATCA has been 
delegated from the Secretary of Commerce to the NOAA Assistant 
Administrator for Fisheries (AA). On

[[Page 60567]]

May 28, 1999, NMFS published in the Federal Register (64 FR 29090) 
regulations implementing the Fishery Management Plan (FMP) 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 HMS FMP, which details the 
management measures for Atlantic HMS fisheries. The implementing 
regulations for Atlantic HMS are at 50 CFR part 635.

Background

    The regulations at 50 CFR part 635 contain cross-references to 
several restricted fishing areas described in 50 CFR part 622. 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 and Gulf of Mexico Fishery Management 
Councils. With the reorganization of the 50 CFR part 635 regulations 
due to the final rule for Amendment 7 to the 2006 Consolidated HMS FMP 
(79 FR 71509, December 2, 2014), the cross-references to the Tortugas 
marine reserve habitat area of particular concern (HAPC), the Mutton 
snapper spawning aggregation area (SAA), the Red hind SAA, and the 
Grammanik Bank closed areas were mistakenly overwritten. This technical 
amendment corrects the cross-references in the HMS regulations.
    A longstanding statutory limit on the length of gillnet gear (see 
16 U.S.C. 1857(1)(M)) was erroneously removed from the regulations in 
2012. This technical amendment re-inserts the language to the 
regulations to ensure consistency with the statutory requirements.
    The regulatory end date of the Spring Gulf of Mexico gear 
restricted areas in Sec.  635.21(c)(2)(vi) was mistakenly written as 
``May 30'' when it should be on the last day of the month, ``May 31.'' 
This technical amendment changes the date to be consistent with the 
original analyses, outreach, and supporting documents of this 
regulation and to meet management goals appropriately. As the correct 
date was analyzed as part of the preferred alternative in the Final 
Environmental Impact Statement for Amendment 7 to the 2006 Consolidated 
HMS FMP, this modification to the regulations should not be unexpected 
and will not have any impacts beyond those already considered.

Corrections

    Currently, the regulations in Sec.  635.21(a)(3)(i) cross-reference 
Sec.  622.34(a)(3) only. This final action corrects the cross-reference 
by adding a cross-reference to Sec.  622.74(c), which is missing, in 
order to properly include and specify the boundaries of the ``Tortugas 
marine reserve HAPC.''
    Currently, the regulatory end date of the Spring Gulf of Mexico 
gear restricted areas in Sec.  635.21(c)(2)(vi) is written as ``May 
30.'' This final rule corrects the date and changes it to ``May 31.''
    Currently, the regulations at Sec.  635.21(d)(1)(ii) contain a 
cross-reference to areas designated at Sec.  622.33(a)(1) through (3) 
to indicate the Mutton snapper spawning aggregation area (SAA), the Red 
hind SAA, and the Grammanik Bank closed area. This final action 
corrects the cross-reference in Sec.  635.21(d)(1)(ii) by changing it 
from Sec.  622.33(a)(1) through (3) to Sec.  622.435(a)(2)(i) through 
(iii).
    Currently, the regulations at Sec.  635.21(g) do not contain the 
statutorily-required regulatory limits on the length of gillnet for 
persons fishing for sharks. This final rule inserts the language that 
was removed regarding the length restriction of gillnets into the 
regulations at Sec.  635.21(g)(4) into the regulations.

Classification

    The AA has determined that this final rule is necessary for the 
conservation and management of U.S. fisheries and that it is consistent 
with the Magnuson-Stevens Fishery Conservation and Management Act, the 
2006 Consolidated Atlantic HMS FMP and its amendments, and ATCA.
    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 are unnecessary and contrary to the public interest. This 
final rule adds only corrective, non-substantive changes to correct 
cross-references, re-inserts language, and corrects dates to HMS 
regulations and is solely administrative in nature. These changes 
should not be unexpected. None of these changes will have a substantive 
impact beyond those already considered in previous supporting 
documents. There is also good cause under 5 U.S.C. 553(d)(3) to waive 
the 30-day delay in effective date. The basis for this waiver is that 
it not a substantive rule but, rather, corrects cross-references, re-
inserts regulatory language, and corrects a mistaken date in HMS 
regulations. Furthermore, failure to implement this rule immediately 
would cause continued confusion among the regulated community.
    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 listed under the Endangered Species Act, or marine 
mammals protected by the Marine Mammal Protection Act 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, Foreign relations, Imports, 
Penalties, Reporting and recordkeeping requirements, Treaties.

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

    Dated: September 30, 2015.
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)(3)(i), (c)(2)(vi), 
(d)(1)(ii), and add paragraph (g)(4) to read as follows:


Sec.  635.21  Gear operation, restricted areas and deployment 
restrictions.

    (a) * * *
    (3) * * *
    (i) No person may fish for, catch, possess, or retain any Atlantic 
HMS or anchor a fishing vessel that has been issued a permit or is 
required to be permitted under this part, in the areas and seasons 
designated at Sec.  622.34(a)(3) of this chapter, and in the Tortugas 
marine reserves HAPC designated at Sec.  622.74(c) of this chapter.
* * * * *
    (c) * * *
    (2) * * *
    (vi) In the Spring Gulf of Mexico gear restricted area from April 1 
through May 31 each year;
* * * * *
    (d) * * *
    (1) * * *

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    (ii) The areas designated at Sec.  622.435(a)(2)(i) through (iii) 
of this chapter, year-round; and
* * * * *
    (g) * * *
    (4) No person may fish for sharks with a gillnet with a total 
length of 2.5 km or more. No vessel may have on board a gillnet with a 
total length of 2.5 km or more.
* * * * *
[FR Doc. 2015-25477 Filed 10-6-15; 8:45 am]
 BILLING CODE 3510-22-P