[Federal Register Volume 87, Number 40 (Tuesday, March 1, 2022)]
[Rules and Regulations]
[Pages 11322-11325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04263]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220216-0050]


RIN 0648-BK44

Atlantic Highly Migratory Species; Consistency Modifications and 
Corrections

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

ACTION: Final rule; technical corrections.

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SUMMARY: This final rule makes editorial corrections to the regulations 
for Atlantic highly migratory species (HMS). This final rule corrects 
citations that are currently incorrect due to changes to references in 
other parts of the regulations. In addition, this final action corrects 
minor technical items in the regulations that are missing, 
inconsistent, or incorrect, and also clarifies extraneous language to 
make the regulations more readable. The rule is administrative in 
nature and does not make any change with substantive effect to the 
regulations for HMS fisheries.

DATES: This final rule is effective on March 1, 2022.

ADDRESSES: Documents related to HMS fisheries management, such as the 
2006 Consolidated Atlantic HMS Fishery Management Plan (2006 
Consolidated HMS 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 by phone at 301-427-8503.

FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., [email protected], 
Thomas Warren, [email protected], or Steve Durkee, 
[email protected], by phone at 301-427-8503.

SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries are managed under the 
dual authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and the 
Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). The 2006 
Consolidated HMS FMP and its amendments are implemented by regulations 
at 50 CFR part 635.

Background

    Since publishing the 2006 Consolidated HMS FMP, NMFS has

[[Page 11323]]

amended the FMP 12 times through the fishery management plan amendment 
process and has made numerous other regulatory changes through 
framework actions. With this volume of regulatory action, in addition 
to changes in non-HMS fisheries regulations, inadvertent errors and 
inconsistencies have accumulated in the regulations and regulatory 
cross-references over time. This technical amendment corrects missing, 
inconsistent, or incorrect language, and clarifies extraneous language 
in the HMS regulations at 50 CFR part 635. It also corrects cross-
references to regulations as appropriate.

Clarification Corrections

    This final action clarifies the HMS regulations as follows:
    The regulation at Sec.  635.4(a)(10) provides permit conditions for 
HMS permit holders. The regulation unintentionally omitted ``Atlantic 
tunas'' permits. Adding ``Atlantic tunas'' clarifies this regulation 
and removes any confusion for permit holders who hold multiple types of 
HMS permits. The associated rulemaking that established this 
requirement was the 2006 Consolidated HMS FMP (71 FR 58058; October 2, 
2006).
    The regulation at Sec.  635.5(a)(4) currently states that owners 
permitted under the Atlantic Tunas General, Harpoon, or HMS Charter/
Headboat categories must report bluefin tuna discards in the NMFS 
electronic catch reporting system. This rule clarifies that they must 
report only dead discards, not live releases. The associated rulemaking 
that established this requirement was Amendment 7 to the 2006 
Consolidated HMS FMP (79 FR 71509; December 2, 2014).
    Several changes are being made at Sec.  635.5(d) to remove and 
modify language to clarify the tournament operator requirements. 
Specifically, this final rule:
     Removes the redundant language, ``HMS Management 
Division,'' in two locations.
     Removes an excessive and unnecessary phrase (``. . . by 
submitting information on the purpose, dates, and location of the 
tournament to NMFS'') for clarity.
     Removes the sentence ``NMFS will notify the tournament 
operator in writing when a tournament has been selected for 
reporting,'' as this sentence is no longer needed due to a previous 
notice that notified the affected community that all tournaments are 
automatically selected for reporting (83 FR 63831; December 12, 2018).
     Removes the phrase ``that are selected to report'' because 
all Atlantic HMS tournaments are selected for reporting, which began on 
January 1, 2019. The associated notice for this this requirement was 
published on July 17, 2018 (83 FR 33148).
     Adds the phrase ``. . . details of the tournament catch 
and fishing activities, completing all required fields on the NMFS 
tournament summary report no later than 7 days after tournament fishing 
has ended'' and removes the language ``. . . a record of catch and 
effort on forms available from NMFS. Tournament operators must submit 
the completed forms to NMFS, at an address designated by NMFS, 
postmarked no later than the 7th day after the conclusion of the 
tournament, and must attach a copy of the tournament rules'' to clarify 
the regulation language. The associated rulemaking that established 
this requirement was the 2006 Consolidated HMS FMP (71 FR 58058; 
October 2, 2006). These removals and modifications provide further 
clarity to the regulation.

Typographical Corrections

    This final action corrects two typographical errors in the HMS 
regulations. The regulation at Sec.  635.19(e)(1) does not capitalize 
the words ``North'' and ``South.'' This final action corrects this 
error and capitalizes ``North'' and ``South.''

Consistency Corrections

    This final rule corrects the Atlantic Tunas General category permit 
name as it has been incorrectly cited in several locations. The 
regulations at Sec. Sec.  635.22(a)(2) and (3) and 635.27(a)(1)(i), 
incorrectly cite the Atlantic Tunas General category permit name as 
``HMS General Category permit.'' Correcting permit names would create 
consistency across the regulations. This final rule also removes the 
definition of Mid-Atlantic-Bight at Sec.  635.2 because the definition 
is not referenced anywhere else in the part 635 regulations. In 
addition, this final rule corrects the regulations at Sec.  
635.21(d)(1)(iii)(D) Charleston Deep Artificial Reef, which left off 
one coordinate in the spawning Special Management Zones coordinate 
list. The associated rulemaking that established this requirement was 
published on July 17, 2018 (83 FR 33148).

Cross References Corrections

    This final action corrects the incorrect cross references found in 
the definitions and regulations at Sec. Sec.  635.4(h)(1)(iv) and 
(n)(2) and 635.54. Section 635.4(h)(1)(iv) and (n)(2) incorrectly 
reference the Illex squid moratorium permit described at Sec.  
648.4(a)(5)(i). The correct cross reference should be Sec.  
648.4(a)(5)(ii). Section 635.54 incorrectly references that owners and 
operators of U.S. vessels are subject to inspection under Sec.  635.23. 
The correct cross reference should be Sec.  635.52.

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 
objectives of the 2006 Consolidated 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 
final rule makes only corrective, non-substantive changes to regulatory 
text, corrects cross-references to HMS and other regulations, removes 
unnecessary language in several instances, and is solely administrative 
in nature. Therefore, public comment is unnecessary and would delay 
necessary corrections that will help prevent potential confusion for 
the public.
    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 is purely administrative in nature by making editorial 
corrections or clarifications to existing regulatory text, with no 
substantive changes or effects.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 635

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


[[Page 11324]]


    Dated: February 23, 2022.
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 for ``Mid-Atlantic Bight.''

0
3. In Sec.  635.4, revise paragraphs (a)(10), (h)(1)(iv), and (n)(2) to 
read as follows:


Sec.  635.4  Permits and fees.

* * * * *
    (a) * * *
    (10) Permit condition. An owner of a vessel with a valid Atlantic 
tunas, swordfish, shark, HMS Angling, HMS Charter/Headboat, Incidental 
HMS squid trawl, or HMS Commercial Caribbean Small Boat permit issued 
pursuant to this part must agree, as a condition of such permit, that 
the vessel's HMS fishing, catch, and gear are subject to the 
requirements of this part during the period of validity of the permit, 
without regard to whether such fishing occurs in the U.S. EEZ, or 
outside the U.S. EEZ, and without regard to where such HMS, or gear, 
are possessed, taken, or landed. However, when a vessel fishes within 
the waters of a state that has more restrictive regulations pertaining 
to HMS, persons aboard the vessel must abide by the state's more 
restrictive regulations.
* * * * *
    (h) * * *
    (1) * * *
    (iv) An applicant for an incidental HMS squid trawl permit must 
submit, in addition to all other information specified in paragraph 
(h)(1) of this section, a copy of a valid Illex squid moratorium 
permit, as described at Sec.  648.4(a)(5)(ii) of this chapter.
* * * * *
    (n) * * *
    (2) An Incidental HMS squid trawl permit is valid only when the 
vessel has on board a valid Illex squid moratorium permit, as described 
at Sec.  648.4(a)(5)(ii) of this chapter, and no commercial fishing 
gear other than trawl gear.
* * * * *

0
4. In Sec.  635.5, revise paragraphs (a)(4) and (d) to read as follows:


Sec.  635.5  Recordkeeping and reporting.

* * * * *
    (a) * * *
    (4) Bluefin tuna discarded dead, or landed by a commercial vessel 
and sold. The owner of a vessel that has been permitted or that is 
required to be permitted under Sec.  635.4 in the Atlantic Tunas 
General or Harpoon categories, or has been permitted or is required to 
be permitted under Sec.  635.4 under the HMS Charter/Headboat category 
and fishing under the General category quotas and daily limits as 
specified at Sec.  635.23(c), must report all dead discards and/or 
landings of bluefin tuna through the NMFS electronic catch reporting 
system within 24 hours of the landings or the end of trip. Such reports 
may be made by either calling a phone number designated by NMFS or by 
submitting the required information online to a website or application 
designated by NMFS. The owner of a vessel that has been permitted in a 
different bluefin tuna category must report as specified elsewhere in 
this section.
* * * * *
    (d) Tournament operators. For all tournaments that are conducted 
from a port in an Atlantic coastal state, including the U.S. Virgin 
Islands and Puerto Rico, a tournament operator must register with NMFS 
at least 4 weeks prior to commencement of the tournament. A tournament 
is not registered unless the tournament operator has received a 
confirmation number from NMFS. Tournament operators must maintain and 
submit to NMFS details of the tournament catch and fishing activities, 
completing all required fields, on the NMFS tournament summary report 
no later than 7 days after the tournament has ended.
* * * * *

0
5. In Sec.  635.19, revise paragraph (e)(1) to read as follows:


Sec.  635.19  Authorized gears.

* * * * *
    (e) * * *
    (1) No person may possess North Atlantic swordfish taken from its 
management unit by any gear other than handgear, green-stick, or 
longline, except that such swordfish taken incidentally while fishing 
with a squid trawl may be retained by a vessel issued a valid 
Incidental HMS squid trawl permit, subject to restrictions specified in 
Sec.  635.24(b)(2). No person may possess South Atlantic swordfish 
taken from its management unit by any gear other than longline.
* * * * *

0
6. In Sec.  635.21, revise paragraph (d)(1)(iii)(D) to read as follows:


Sec.  635.21  Gear operation and deployment restrictions.

* * * * *
    (d) * * *
    (1) * * *
    (iii) * * *
    (D) Charleston Deep Artificial Reef. Bounded by rhumb lines 
connecting, in order, the following points: 32[deg]05.04' N lat. 
79[deg]13.575' W long.; 32[deg]9.65' N lat., 79[deg]9.2' W long.; 
32[deg]7.155' N lat., 79[deg]5.595' W long.; 32[deg]2.36' N lat., 
79[deg]9.975' W long.; 32[deg]5.04' N lat., 79[deg]13.575' W long.
* * * * *

0
7. In Sec.  635.22, revise paragraphs (a)(2) and (3) to read as 
follows:


Sec.  635.22   Recreational retention limits.

* * * * *
    (a) * * *
    (2) Vessels issued an Atlantic Tunas General category permit under 
Sec.  635.4(d) that are participating in an HMS registered tournament, 
vessels issued an HMS Angling category permit under Sec.  635.4(c), or 
vessels issued an HMS Charter/Headboat permit under Sec.  635.4(b) may 
not retain, possess, or land oceanic whitetip sharks or scalloped, 
smooth, or great hammerhead sharks if swordfish, tuna, or billfish are 
retained or possessed on board, or offloaded from, the vessel. Such 
vessels also may not retain, possess, or land swordfish, tuna, or 
billfish if oceanic whitetip sharks, or scalloped, smooth, or great 
hammerhead sharks are retained or possessed on board, or offloaded 
from, the vessel.
    (3) Vessels issued an Atlantic Tunas General category permit under 
Sec.  635.4(d) that are participating in an HMS registered tournament, 
vessels issued a Swordfish General commercial permit under Sec.  
635.4(f) that are participating in an HMS registered tournament, 
vessels issued a HMS Angling category permit under Sec.  635.4(c), or 
vessels issued an HMS Charter/Headboat permit under Sec.  635.4(b) are 
required to release unharmed, to the extent practicable, porbeagle 
sharks that are alive at the time of haulback if swordfish, tuna, or 
billfish are retained or possessed on board, or offloaded from, the 
vessel during that trip.
* * * * *

0
8. In Sec.  635.27, revise the introductory text of paragraph (a)(1)(i) 
to read as follows:


Sec.  635.27   Quotas.

* * * * *
    (a) * * *

[[Page 11325]]

    (1) * * *
    (i) Catches from vessels for which Atlantic Tunas General category 
permits have been issued and certain catches from vessels for which an 
HMS Charter/Headboat permit has been issued are counted against the 
General category quota in accordance with Sec.  635.23(c)(3). Pursuant 
to paragraph (a) of this section, the amount of large medium and giant 
bluefin tuna that may be caught, retained, possessed, landed, or sold 
under the General category quota is 555.7 mt, and is apportioned as 
follows, unless modified as described under paragraph (a)(1)(ii) of 
this section:
* * * * *

0
9. In Sec.  635.54, revise the introductory text to read as follows:


Sec.  635.54   Reports.

    Owners and operators of U.S. vessels subject to inspection under 
Sec.  635.52 are hereby notified that the ICCAT recommendation 
establishing a scheme for minimum standards for inspection in port 
requires that:
* * * * *

[FR Doc. 2022-04263 Filed 2-28-22; 8:45 am]
BILLING CODE 3510-22-P