Atlantic Highly Migratory Species; Electronic Dealer Reporting Requirements; Correction, 72993-72994 [2012-29519]

Download as PDF srobinson on DSK4SPTVN1PROD with Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations must be on board. A permit or endorsement that has expired is not valid. This endorsement must be renewed annually and may only be renewed if the associated vessel has a valid commercial vessel permit for South Atlantic snapper-grouper unlimited or if the endorsement and associated permit are being concurrently renewed. The RA will not reissue this endorsement if the endorsement is revoked or if the RA does not receive a complete application for renewal of the endorsement within 1 year after the endorsement’s expiration date. * * * * * (D) Transferability. A valid or renewable black sea bass pot endorsement may be transferred between any two entities that hold, or simultaneously obtain, a valid South Atlantic snapper-grouper unlimited permit. Endorsements may be transferred independently from the South Atlantic snapper-grouper unlimited permit. NMFS will attribute black sea bass landings to the associated South Atlantic snapper-grouper unlimited permit regardless of whether the landings occurred before or after the endorsement was issued. Only legal landings reported in compliance with applicable state and Federal regulations are acceptable. * * * * * (g) * * * (1) * * * A vessel permit, license, or endorsement or a dealer permit or endorsement issued under this section is not transferable or assignable, except as provided in paragraph (m) of this section for a commercial vessel permit for Gulf reef fish, in paragraph (o) of this section for a king mackerel gillnet permit, in paragraph (q) of this section for a commercial vessel permit for king mackerel, in paragraph (r) of this section for a charter vessel/headboat permit for Gulf coastal migratory pelagic fish or Gulf reef fish, in paragraph (s) of this section for a commercial vessel moratorium permit for Gulf shrimp, in § 622.17(c) for a commercial vessel permit for golden crab, in § 622.18(b) for a commercial vessel permit for South Atlantic snapper-grouper, in § 622.19(b) for a commercial vessel permit for South Atlantic rock shrimp, in § 622.4(a)(2)(xiv)(D) for an eastern Gulf reef fish bottom longline endorsement, and in § 622.4(a)(2)(xv)(D) for a South Atlantic black sea bass pot endorsement. * * * * * * * * 3. In § 622.40, paragraph (d)(1)(i)(D) is revised to read as follows: ■ VerDate Mar<15>2010 16:11 Dec 06, 2012 Jkt 229001 § 622.40 Limitations on traps and pots. * * * * * (d) * * * (1) * * * (i) * * * (D) A vessel that has on board a valid Federal commercial permit for South Atlantic snapper-grouper and a South Atlantic black sea bass pot endorsement that fishes in the South Atlantic EEZ on a trip with black sea bass pots, may possess only 35 black sea bass pots per vessel per permit year. Each black sea bass pot in the water or onboard a vessel in the South Atlantic EEZ, must have a valid identification tag attached. Endorsement holders must apply for new tags each permit year through NMFS to replace the tags from the previous year. * * * * * § 622.43 [Amended] 4. In § 622.43, paragraph (a)(2) is removed and reserved. ■ [FR Doc. 2012–29625 Filed 12–6–12; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 110208116–2233–02] RIN 0648–BA75 Atlantic Highly Migratory Species; Electronic Dealer Reporting Requirements; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correction. AGENCY: This action is a technical amendment to a rule not yet in effect. It contains a correction to the final regulations regarding electronic dealer reporting, which published August 8, 2012, with an effective date of January 1, 2013. DATES: Effective January 1, 2013, and is applicable beginning January 1, 2013. FOR FURTHER INFORMATION CONTACT: Delisse Ortiz or Karyl Brewster-Geisz at 301–427–8503, or Jackie Wilson at 240– 338–3936. SUPPLEMENTARY INFORMATION: SUMMARY: Background On June 28, 2011 (76 FR 37750), NMFS published a proposed rule that would among other things, require PO 00000 Frm 00081 Fmt 4700 Sfmt 4700 72993 electronic dealer reporting for all federal Atlantic HMS dealers. On August 8, 2012 (77 FR 47303), the final rule for electronic dealer reporting was published, with a delayed implementation of January 1, 2013. On June 22, 2012 (77 FR 37647), NMFS published a proposed rule that would implement the International Commission for the Conservation of Atlantic Tunas (ICCAT) Recommendation 11–08, which prohibits retaining, transshipping, or landing silky sharks caught in association with ICAAT fisheries. On October 4, 2012 (77 FR 60632), NMFS published a final rule that implemented these silky shark management measures, with an effective date of November 5, 2012. Need for Correction Both the silky shark rule and the electronic dealer reporting rule made changes to regulatory text at § 635.31(c)(6). This document corrects the final electronic dealer reporting rule by revising the first sentence of § 635.31(c)(6) to make it consistent with amendments made to that section in the shark rule. The shark rule became effective on November 5, 2012, after publication, but prior to the effective date, of the electronic dealer final rule. Without this technical amendment, when the electronic dealer rule becomes effective on January 1, 2013, it would inadvertently undo the dealer prohibition on purchasing (first receiving) silky sharks contained in the shark rule and codified in § 635.31(c)(6). All other information remains unchanged and will not be repeated in this correction. Correction of Publication In the final rule that published in the Federal Register Wednesday, August 8, 2012 (77 FR 47303), the following correction is made. On page 47317, in column 3, in § 635.31, paragraph (c)(6) is correctly revised to read as follows: § 635.31 Restrictions on sale and purchase. * * * * * (c) * * * (6) A dealer issued a permit under this part may not first receive silky sharks, oceanic whitetip sharks or scalloped, smooth, or great hammerhead sharks from an owner or operator of a fishing vessel with pelagic longline gear on board, or from the owner of a fishing vessel issued both a HMS Charter/ Headboat permit and a commercial shark permit when tuna, swordfish or billfish are on board the vessel, E:\FR\FM\07DER1.SGM 07DER1 72994 Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations offloaded from the vessel, or being offloaded from the vessel. * * * * * Dated: December 3, 2012. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, performing the functions and duties of the Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2012–29519 Filed 12–6–12; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 050613158–5262–03] RIN 0648–BB59 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Extension of Emergency Fishery Closure Due to the Presence of the Toxin That Causes Paralytic Shellfish Poisoning (PSP) National Marine Fisheries Service, National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; emergency action; extension of effective period; request for comments. AGENCY: This temporary rule extends a closure of Federal waters. The U.S. Food and Drug Administration has determined that oceanographic conditions and alga sampling data suggest that the northern section of the Temporary Paralytic Shellfish Poison Closure Area remain closed to the harvest of bivalve molluscan shellfish, with the exception of sea scallop adductor muscles harvested and shucked at sea, and that the southern area remain closed to the harvest of whole or roe-on scallops. The regulations contained in the temporary rule, emergency action, first published in 2005, and have been subsequently extended several times at the request of the U.S. Food and Drug Administration. NMFS is publishing the regulatory text associated with this closure in this temporary emergency rule in order to ensure that current regulations accurately reflect the codified text that has been modified and extended numerous times, so that the public is aware of the regulations being extended. DATES: The amendments to § 648.14, in amendatory instruction 2, are effective srobinson on DSK4SPTVN1PROD with SUMMARY: VerDate Mar<15>2010 16:11 Dec 06, 2012 Jkt 229001 from January 1, 2013, through December 31, 2013. The expiration date of the temporary emergency action published on December 8, 2010 (75 FR 76315), and extended on November 22, 2011 (76 FR 72125), is further extended through December 31, 2013. Comments must be received by January 7, 2013. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2011–0260 by any of the following methods: • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal www.regulations.gov. To submit comments via the e-Rulemaking Portal, first click the ‘‘submit a comment’’ icon, then enter NOAA–NMFS–2011–0260 in the keyword search. Locate the document you wish to comment on from the resulting list and click on the ‘‘Submit a Comment’’ icon on the right of that line. • Mail: Submit written comments to John K. Bullard, Regional Administrator, Northeast Region, NMFS, 55 Great Republic Drive, Gloucester, MA 01930–2298. Mark on the outside of the envelope, ‘‘Comments on PSP Closure.’’ • Fax: (978) 281–9135; Attn: Jason Berthiaume. Instructions: Comments must be submitted by one of the above methods to ensure that the comments are received, documented, and considered by NMFS. Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.) submitted voluntarily by the sender will be publicly accessible. Do not submit confidential business information, or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Jason Berthiaume, Fishery Management Specialist, phone: (978) 281–9177, fax: (978) 281–9135. SUPPLEMENTARY INFORMATION: Background On June 10, 2005, the U.S. Food and Drug Administration (FDA) requested that NMFS close an area of Federal PO 00000 Frm 00082 Fmt 4700 Sfmt 4700 waters off the coasts of New Hampshire and Massachusetts to fishing for bivalve shellfish intended for human consumption due to the presence in those waters of toxins (saxotoxins) that cause PSP. These toxins are produced by the alga Alexandrium fundyense, which can form blooms commonly referred to as red tides. Red tide blooms, also known as harmful algal blooms (HABs), can produce toxins that accumulate in filter-feeding shellfish. Shellfish contaminated with the toxin, if eaten in large enough quantity, can cause illness or death from PSP. On June 16, 2005, NMFS published an emergency rule (70 FR 35047) closing the area recommended by the FDA (i.e., the Temporary PSP Closure Area). Since 2005, the closure has been extended several times and the area has been expanded and divided into northern and southern components. The Northern Temporary PSP Closure Area remained closed to the harvest of all bivalve molluscan shellfish, while the Southern Temporary PSP Closure Area was reopened to the harvest of Atlantic surfclams, ocean quahogs, and sea scallop adductor muscles harvested and shucked at sea. The current closure will expire on December 31, 2012, and this action extends this closure for 1 additional year, through December 31, 2013. The boundaries of the northern component of the Temporary PSP Closure Area comprise Federal waters bounded by the following coordinates specified in Table 1 below. Under this emergency rule, this area remains closed to the harvest of Atlantic surfclams, ocean quahogs, and whole or roe-on scallops. TABLE 1—COORDINATES FOR THE NORTHERN TEMPORARY PSP CLOSURE AREA Point 1 2 3 4 5 ............................ ............................ ............................ ............................ ............................ Latitude 43°00′ 43°00′ 41°39′ 41°39′ 43°00′ N N N N N Longitude 71°00′ 69°00′ 69°00′ 71°00′ 71°00′ W W W W W The boundaries of the southern component of the Temporary PSP Closure Area comprise Federal waters bound by the following coordinates specified in Table 2. Under this emergency rule, the Southern Temporary PSP Closure Area remains closed only to the harvest of whole or roe-on scallops. E:\FR\FM\07DER1.SGM 07DER1

Agencies

[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Rules and Regulations]
[Pages 72993-72994]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29519]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 110208116-2233-02]
RIN 0648-BA75


Atlantic Highly Migratory Species; Electronic Dealer Reporting 
Requirements; Correction

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

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: This action is a technical amendment to a rule not yet in 
effect. It contains a correction to the final regulations regarding 
electronic dealer reporting, which published August 8, 2012, with an 
effective date of January 1, 2013.

DATES: Effective January 1, 2013, and is applicable beginning January 
1, 2013.

FOR FURTHER INFORMATION CONTACT: Delisse Ortiz or Karyl Brewster-Geisz 
at 301-427-8503, or Jackie Wilson at 240-338-3936.

SUPPLEMENTARY INFORMATION: 

Background

    On June 28, 2011 (76 FR 37750), NMFS published a proposed rule that 
would among other things, require electronic dealer reporting for all 
federal Atlantic HMS dealers. On August 8, 2012 (77 FR 47303), the 
final rule for electronic dealer reporting was published, with a 
delayed implementation of January 1, 2013. On June 22, 2012 (77 FR 
37647), NMFS published a proposed rule that would implement the 
International Commission for the Conservation of Atlantic Tunas (ICCAT) 
Recommendation 11-08, which prohibits retaining, transshipping, or 
landing silky sharks caught in association with ICAAT fisheries. On 
October 4, 2012 (77 FR 60632), NMFS published a final rule that 
implemented these silky shark management measures, with an effective 
date of November 5, 2012.

Need for Correction

    Both the silky shark rule and the electronic dealer reporting rule 
made changes to regulatory text at Sec.  635.31(c)(6). This document 
corrects the final electronic dealer reporting rule by revising the 
first sentence of Sec.  635.31(c)(6) to make it consistent with 
amendments made to that section in the shark rule. The shark rule 
became effective on November 5, 2012, after publication, but prior to 
the effective date, of the electronic dealer final rule. Without this 
technical amendment, when the electronic dealer rule becomes effective 
on January 1, 2013, it would inadvertently undo the dealer prohibition 
on purchasing (first receiving) silky sharks contained in the shark 
rule and codified in Sec.  635.31(c)(6). All other information remains 
unchanged and will not be repeated in this correction.

Correction of Publication

    In the final rule that published in the Federal Register Wednesday, 
August 8, 2012 (77 FR 47303), the following correction is made. On page 
47317, in column 3, in Sec.  635.31, paragraph (c)(6) is correctly 
revised to read as follows:


Sec.  635.31  Restrictions on sale and purchase.

* * * * *
    (c) * * *
    (6) A dealer issued a permit under this part may not first receive 
silky sharks, oceanic whitetip sharks or scalloped, smooth, or great 
hammerhead sharks from an owner or operator of a fishing vessel with 
pelagic longline gear on board, or from the owner of a fishing vessel 
issued both a HMS Charter/Headboat permit and a commercial shark permit 
when tuna, swordfish or billfish are on board the vessel,

[[Page 72994]]

offloaded from the vessel, or being offloaded from the vessel.
* * * * *

    Dated: December 3, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.
[FR Doc. 2012-29519 Filed 12-6-12; 8:45 am]
BILLING CODE 3510-22-P

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