[Federal Register Volume 86, Number 148 (Thursday, August 5, 2021)]
[Rules and Regulations]
[Pages 42743-42744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16670]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 210730-0154]
RIN 0648-BK35


Atlantic Highly Migratory Species; Federal Atlantic Tunas 
Regulations in Maine State Waters

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

ACTION: Final rule.

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SUMMARY: NMFS is adding Maine to the list of states for which NMFS has 
determined that Federal Atlantic tunas regulations are applicable 
within state waters, consistent with section 9(d) of the Atlantic Tunas 
Convention Act (ATCA) and implementing regulations. NMFS is taking this 
action after considering a request from the Maine Department of Marine 
Resources (MEDMR) and reviewing the state's relevant laws and 
regulations. Most states and territories bordering the Atlantic and 
Gulf of Mexico are currently included in the list, except Maine, 
Connecticut, and Mississippi. This addition of Maine to the list makes 
Federal Atlantic tunas regulations--including but not limited to open 
and closed seasons, retention limits, size limits, authorized gears and 
gear restrictions, and permitting and reporting requirements--
applicable in Maine state waters.

DATES: This final rule is effective on September 7, 2021.

ADDRESSES: Copies of this rule and supporting documents are available 
from the HMS Management Division website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species.

FOR FURTHER INFORMATION CONTACT: Carrie Soltanoff 
([email protected]) or Larry Redd, Jr. ([email protected]) at 
301-427-8503.

SUPPLEMENTARY INFORMATION: Atlantic tunas fisheries are managed under 
the authority of ATCA (16 U.S.C. 971 et seq.) and the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 
U.S.C. 1801 et seq.). The 2006 Consolidated Atlantic Highly Migratory 
Species (HMS) Fishery Management Plan (FMP) and its amendments are 
implemented by regulations at 50 CFR part 635. Section 9(d) of ATCA, 16 
U.S.C. 971g(d)(2), states that regulations promulgated to implement 
recommendations of the International Commission for the Conservation of 
Atlantic Tunas (ICCAT) shall apply within the boundaries of any state 
bordering the Convention area (the Atlantic Ocean and adjacent seas) if 
the Secretary of Commerce, after notice and an opportunity for the 
state to request a formal hearing, determines that such state does not 
implement regulations consistent with ICCAT recommendations or if state 
regulations are less restrictive than the Federal regulations or are 
not effectively enforced. For Atlantic tunas, section 9(d) of ATCA is 
implemented in the Atlantic HMS regulations at 50 CFR 635.1(b). 
Atlantic tunas regulations in part 635 include open and closed seasons, 
retention limits, size limits, authorized gears and gear restrictions, 
and permitting and reporting requirements, among others. Atlantic tunas 
managed under the regulations in part 635 are bluefin, bigeye, 
albacore, yellowfin, and skipjack tunas.

Background

    The proposed rule published on April 26, 2021 (86 FR 22006). 
Additional background on this rulemaking can be found in that proposed 
rule and is not repeated here. The comment period for the proposed rule 
closed on June 10, 2021.
    This final rule adds Maine to the list of states at Sec.  635.1(b), 
making Federal Atlantic tunas regulations at 50 CFR part 635 applicable 
within Maine state waters. In reviewing Maine marine resource laws and 
regulations regarding tuna fishing in state waters and based on 
consideration of public comments, NMFS has determined that application 
of Federal regulations in state waters is warranted, consistent with 
the State's request and the ATCA criteria. The ATCA criteria require 
the Secretary of Commerce, after notice and an opportunity for the 
State to request a formal hearing, to determine whether applicable 
states implement regulations consistent with ICCAT recommendations and 
if state regulations are less restrictive than the Federal regulations 
or are not effectively enforced. NMFS determined that the State does 
not meet the criteria, particularly given the State's communication 
that it can no longer ensure that state regulations are consistent with 
the Federal regulations on an ongoing basis. The State of Maine did not 
request a formal hearing for this action although NMFS held a public 
webinar to collect public comment on May 14, 2021.
    This rule will provide regulatory consistency; enhance enforcement 
of season closures, retention limits, size limits, and other Federal 
tunas regulations in Maine state waters; and address regulation given 
the State of Maine's observation of increased commercial tuna fishing 
activity in state waters. This change also will more directly ensure 
that any tunas landed in state waters are reported in compliance with 
regulations implementing ICCAT requirements.

Response to Comments

    NMFS did not receive written comments on the proposed rule but did 
receive a comment during the public webinar. NMFS summarizes and 
responds to the comment below.
    Comment 1: MEDMR commented that this action would ensure the long-
term viability of their fleet and shore side businesses and ensure 
sustainable management of the tuna fisheries. MEDMR reiterated their 
request for this regulatory change and their lack of capacity to stay 
in sync with the highly dynamic Federal tuna management regulations.
    Response: NMFS agrees that Atlantic bluefin tuna management is 
dynamic, and NMFS agrees that implementation of Federal regulations in 
Maine state waters will better ensure that tuna fishing activities in 
Maine state waters are consistent with Federal management measures such 
as open and closed seasons, retention limits, size limits, authorized 
gears and gear restrictions, and permitting and reporting requirements. 
This will simplify and help ensure sustainable management within the 
ranges of Atlantic tunas stocks.

Changes From the Proposed Rule

    The final rule contains no changes from the proposed rule.

Classification

    The NMFS Assistant Administrator has determined that this final 
rule is consistent with the 2006 Consolidated Atlantic HMS FMP and its 
amendments, the Magnuson-Stevens Act, ATCA, and other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This final rule does not include any change to a collection of 
information requirement for purposes of the Paperwork Reduction Act of 
1995. The existing collection of information requirements continue to 
apply under the following OMB Control Numbers: 0648-0327 Atlantic HMS 
Permit Family of Forms, 0648-0328 Atlantic HMS

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Recreational Landings Reports, and 0648-0371 HMS Vessel Logbooks and 
Cost-Earnings Reports.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 635

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

    Dated: July 30, 2021.
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.  635.1, revise paragraph (b) to read as follows:


Sec.  635.1   Purpose and scope.

* * * * *
    (b) Under section 9(d) of ATCA, NMFS has determined that the 
regulations contained in this part with respect to Atlantic tunas are 
applicable within the territorial sea of the United States adjacent to, 
and within the boundaries of, the States of Maine, New Hampshire, 
Massachusetts, Rhode Island, New York, New Jersey, Delaware, Maryland, 
Virginia, North Carolina, South Carolina, Georgia, Florida, Alabama, 
Louisiana, and Texas, and the Commonwealths of Puerto Rico and the 
Virgin Islands. NMFS will undertake a continuing review of State 
regulations to determine if regulations applicable to Atlantic tunas, 
swordfish, or billfish are at least as restrictive as regulations 
contained in this part and if such regulations are effectively 
enforced. In such case, NMFS will file with the Office of the Federal 
Register for publication notification of the basis for the 
determination and of the specific regulations that shall or shall not 
apply in the territorial sea of the identified State.

[FR Doc. 2021-16670 Filed 8-4-21; 8:45 am]
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