[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Rules and Regulations]
[Pages 56136-56137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22882]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 191011-0060]
RIN 0648-BJ29


Atlantic Highly Migratory Species; Removal of Billfish 
Certificate of Eligibility Requirements

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

ACTION: Final rule.

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SUMMARY: This final rule removes obsolete language in the Atlantic 
highly migratory species (HMS) regulations requiring that a Billfish 
Certificate of Eligibility accompany certain product. The requirement 
to possess a Billfish Certificate of Eligibility no longer applies 
because passage of 2018 amendments to the Billfish Conservation Act of 
2012 prohibited the associated product sales. This amendment removes a 
now-obsolete requirement consistent with an already-effective statutory 
provision. As further discussed below, we anticipate finding good cause 
that notice is unnecessary and that it will not be necessary to provide 
an opportunity for public comment. No aspect of this action is 
controversial.

DATES: This final rule is effective on October 21, 2019.

ADDRESSES: Documents related to HMS fisheries management, such as the 
2006 Consolidated Atlantic HMS Fishery Management Plan (FMP) and its 
amendments, are available from the HMS Management Division website at 
https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species 
or upon request from the HMS Management Division at 1315 East-West 
Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Lauren Latchford by phone at 301-427-
8503 or Rick Pearson by phone at 727-551-5742.

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). 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; these management 
measures have been amended or otherwise modified numerous times. The 
implementing regulations for Atlantic HMS are at 50 CFR part 635.

Background

    The regulations at 50 CFR part 635 are promulgated under ATCA and 
the Magnuson-Stevens Act for the conservation and management of 
Atlantic HMS, including species of tunas, billfish, sharks, and 
swordfish. The sale of Atlantic billfish has been prohibited by 
regulation since implementation of the 1988 Fishery Management Plan 
(FMP) for the Atlantic Billfishes (53 FR 21501; June 8, 1988). The 
Billfish Conservation Act of 2012 prohibited any person from possessing 
or offering billfish or billfish products for sale but included a 
limited exception for Pacific billfish, with the result that Pacific 
billfish product could continue to be sold throughout the United 
States. Thus, HMS regulations continued to require that a Billfish 
Certificate of Eligibility accompany any billfish product sold to 
ensure that the product did not come from the Atlantic Ocean. In 2018, 
amendments to the Billfish Conservation Act of 2012, clarified that 
billfish are only exempted from the sales prohibition when they are 
retained in Hawaii or the Pacific Insular Areas. Accordingly, such 
billfish may only be sold in the same location where landed or when 
legally transported to the other exempted location (i.e., from Hawaii 
to the Pacific Insular Areas or vice versa). The new prohibition became 
effective when the legislation was signed into law on August 2, 2018. 
Thus, the Billfish Certificate of Eligibility requirement in 50 CFR 
part 635 is no longer necessary, and this final rule removes the 
requirement.

Corrections To Remove Billfish Conservation Act of 2012 Language

    Regulations at Sec. Sec.  635.2 (definition of ``Billfish 
Certificate of Eligibility (COE)'' and 635.31(b)(2) and (3) are out of 
date. Except for two specific exemptions that apply to Hawaii and 
Pacific Insular Areas, the Billfish Conservation Act, as amended in 
2018, prohibits any person from offering billfish or billfish products 
for sale, selling them, or having custody, control, or possession of 
them for purposes of offering them for sale. Therefore, any language in 
50 CFR part 635 referencing the Billfish COE is obsolete. In order to 
be consistent with Federal Register guidelines, this final action 
removes the out of date definition at Sec.  635.2 and the language at 
Sec.  635.31(b)(2) and (3). This final action also revises the language 
at Sec.  635.31(b)(1).

Classification

    The Assistant Administrator for Fisheries 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 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 are unnecessary and contrary to the public interest. This 
action removes regulatory text at 50 CFR part 635 for a requirement 
that became obsolete as a result of a statutory change that took place 
in 2018. For this reason, there is also good cause under 5 U.S.C. 
553(d) to waive the 30-day delay in effectiveness.
    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, and a 
proposed rule is not being published, 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 only removes obsolete regulatory text at 50 CFR part 635.

List of Subjects in 50 CFR Part 635

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


[[Page 56137]]


    Dated: October 16, 2019.
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.


Sec.  635.2  [Amended]

0
2. In Sec.  635.2, remove the definition of ``Billfish Certificate of 
Eligibility (COE).''

0
3. In 635.31, revise paragraph (b) to read as follows.


Sec.  635.31  Restrictions on sale and purchase.

* * * * *
    (b) Billfish. Persons may not sell or purchase a billfish taken 
from its management unit.
* * * * *

[FR Doc. 2019-22882 Filed 10-18-19; 8:45 am]
BILLING CODE 3510-22-P