Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic, 57534-57537 [2013-22728]
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57534
Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Rules and Regulations
Risks; Executive Order 13175,
Consultation and Coordination with
Indian Tribal Governments; Executive
Order 13211, Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use; and
the National Technology Transfer and
Advancement Act, 15 U.S.C. 272 note.
The NTSB has concluded that this rule
does not contravene any of the
requirements set forth in these
Executive Orders or statutes, nor does
this rule prompt further consideration
with regard to such requirements.
List of Subjects for 49 CFR Part 821
Administrative practice and
procedure, Airmen, Aviation safety.
For the reasons discussed in the
preamble, the NTSB amends 49 CFR
part 821 as follows:
■
1. The authority citation for 49 CFR
part 821 continues to read as follows:
Authority: 49 U.S.C. 1101–1155, 44701–
44723, 46301, Pub. L. 112–153, unless
otherwise noted.
■
Procedural rules.
In proceedings under subparts C, D, F,
and I, for situations not covered by a
specific Board rule, the Federal Rules of
Civil Procedure will be followed to the
extent practicable.
■ 3. In § 821.19, revise paragraph (d) to
read as follows:
Depositions and other discovery.
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*
*
*
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(d) Failure to provide copy of
releasable portion of Enforcement
Investigative Report (EIR). (1) Except as
provided in § 821.55 with respect to
emergency proceedings, where the
respondent requests the EIR and the
Administrator fails to provide the
releasable portion of the EIR to the
respondent by the time it serves the
complaint on the respondent, the
respondent may move to dismiss the
complaint or for other relief and, unless
the Administrator establishes good
cause for that failure, the law judge shall
order such relief as he or she deems
appropriate, after considering the
parties’ arguments.
(2) The releasable portion of the EIR
shall include all information in the EIR,
except for the following:
(i) Information that is privileged;
(ii) Information that constitutes work
product or reflects internal deliberative
process;
(iii) Information that would disclose
the identity of a confidential source;
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§ 821.64
Judicial review.
(a) General. Judicial review of a final
order of the Board may be sought as
provided in 49 U.S.C. 1153 and 46110
by the filing of a petition for review
with the appropriate United States
Court of Appeals or United States
District Court, pursuant to the
provisions of Pub. L. 112–53, 126 Stat.
1159 (August 3, 2012), 49 U.S.C. 44703
note. Such petition is due within 60
days of the date of entry (i.e., service
date) of the Board’s order. Under the
applicable statutes, any party may
appeal the Board’s decision. The Board
is not a party in interest in such
appellate proceedings and, accordingly,
does not typically participate in the
judicial review of its decisions. In
matters appealed by the Administrator,
the other parties should anticipate the
need to make their own defense.
*
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Deborah A.P. Hersman,
Acting Chairman.
[FR Doc. 2013–22634 Filed 9–18–13; 8:45 am]
Frm 00068
National Oceanic and Atmospheric
Administration
15 CFR Part 902
50 CFR Parts 622 and 640
[Docket No. 120403251–3787–02]
RIN 0648–BB70
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS adopts as final with
some changes an interim final rule
published April 17, 2013, which
reorganized the regulations
implementing the fishery management
plans (FMPs) for the Southeast Region,
NMFS, and amended references to the
Paperwork Reduction Act (PRA)
information-collection requirements.
The new part 622 contains regulations
implementing management measures
contained in the FMPs for the following
domestic fisheries in the Caribbean,
Gulf of Mexico, and South Atlantic:
Caribbean coral, Caribbean reef fish,
Caribbean spiny lobster, Caribbean
queen conch, Gulf red drum, Gulf reef
fish, Gulf shrimp, Gulf coral, Gulf and
South Atlantic coastal migratory
pelagics, Gulf and South Atlantic spiny
lobster, South Atlantic coral, South
Atlantic snapper-grouper, South
Atlantic shrimp, Atlantic dolphin and
wahoo, South Atlantic golden crab, and
South Atlantic pelagic sargassum. The
intended effect of this final rule is to
improve the organization of these
regulations and simplify their use.
DATES: This final rule is effective
September 19, 2013. The incorporation
by reference of certain publications
listed in the rule is approved by the
Director of the Federal Register as of
April 17, 2013.
ADDRESSES: Electronic copies of
documents supporting this final rule
may be obtained from the Southeast
Regional Office Web site at https://
sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Scott Sandorf, telephone: 727–824–5305
or email: Scott.Sandorf@noaa.gov.
SUPPLEMENTARY INFORMATION: Domestic
fisheries in the Caribbean, Gulf of
Mexico, and South Atlantic are
managed under the FMPs prepared by
the Caribbean, Gulf of Mexico, and/or
BILLING CODE P
PO 00000
DEPARTMENT OF COMMERCE
SUMMARY:
5. In § 821.64, revise paragraph (a) to
read as follows:
2. Revise § 821.5 to read as follows:
§ 821.19
Evidence.
In any proceeding under the rules in
this part, all evidence which is relevant,
material, reliable and probative, and not
unduly repetitious or cumulative, shall
be admissible. All other evidence shall
be excluded. The Federal Rules of
Evidence will be applied in these
proceedings to the extent practicable.
■
§ 821.5
4. Revise § 821.38 to read as follows:
§ 821.38
PART 821—RULES OF PRACTICE IN
AIR SAFETY PROCEEDINGS
■
(iv) Information of which applicable
law prohibits disclosure;
(v) Information about which the law
judge grants leave to withhold as not
relevant to the subject matter of the
proceeding or otherwise, for good cause
shown; or
(vi) Sensitive security information, as
defined at 49 U.S.C. 40119 and 49 CFR
15.5.
(3) Nothing in this section shall be
interpreted as preventing the
Administrator from releasing to the
respondent information in addition to
that which is contained in the releasable
portion of the EIR.
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Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Rules and Regulations
South Atlantic Fishery Management
Councils under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.)
On April 17, 2013, NMFS published
an interim final rule to reorganize the
regulations for the 15 fisheries that had
been in part 622, and reorganize and
incorporate the part 640 regulations
(Gulf and South Atlantic spiny lobster)
into part 622 (78 FR 22950). With that
incorporation, all Magnuson-Stevens
Act fisheries regulations applicable to
the Caribbean, Gulf of Mexico, and
South Atlantic are in a single location,
part 622. The interim final rule also
revised the references for PRA
requirements in 15 CFR part 902. The
background and rationale for the
reorganization were explained in the
interim final rule and are not repeated
here.
Comments and Responses
NMFS provided a 30-day comment
period on the interim final rule for the
public to comment on the structure and
format of the reorganization of 50 CFR
part 622, and not on the regulations
currently in effect, which are outside
the scope of this rulemaking. NMFS
received five comments on the interim
final rule, including four comment
letters from individuals and one
submission from a Federal agency. The
Federal agency stated that it had no
comment. Two of the comments
expressed general support for the
reorganization and the other two
comments were outside the scope of the
rulemaking.
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Changes From the Interim Final Rule
Prior to the interim final rule, both
part 622 and part 640 contained a
general prohibitions section that listed
specific management prohibitions. The
interim final rule revised this approach
by including a generic prohibition
under each fishery subpart rather than
a list of specific prohibtions. After
further consideration during the
comment period on the interim final
rule, NMFS decided to include a list of
the specific prohibitions in subpart A,
instead of including a generic
prohibition under each fishery subpart.
NMFS has determined that the previous
approach is more direct and easier for
the public to understand and is not
substantively different in its content or
applicability. The regulatory text within
part 622 is being revised within this
final rule to reflect this change.
All other codified text contained in
the interim final rule that published on
April 17, 2013, remains unchanged.
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Classification
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Administrator, Southeast Region,
NMFS, has determined that this final
rule is consistent with the MagnusonStevens Act and other applicable laws.
The Assistant Administrator for
Fisheries, NOAA, (AA), finds good
cause under 5 U.S.C. 553(d)(3) to waive
the requirement to delay for 30 days the
effectiveness of this rule. Providing a
delay of the effectiveness of this rule is
unnecessary because this final rule does
not make any substantive changes to the
regulations. Instead, this final rule
makes changes to the reorganizational
structure of the regulations
implemented in the interim final rule
that published on April 17, 2013 (78 FR
22950). Specifically, this final rule
removes the generic prohibitions under
each fishery subpart implemented in the
interim final rule and adds specific
prohibitions in the general prohibitions
section in § 622.13, as were in effect
before the interim final rule was
implemented. NMFS determined that
having specific prohibitions in the
general prohibitions section is more
direct and easier for the public to
understand and will avoid confusion.
Providing a delay of the effectiveness of
this rule is also contrary to the public
interest as these regulations are already
currently in effect and the intent of the
reorganization is to provide the
regulations in a format that enhances
the public’s ability to locate and
understand applicable regulatory
requirements.
Because prior notice and opportunity
for public comment was not required for
the interim final 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. were
inapplicable. Accordingly, no
Regulatory Flexibility Analysis was
required and none has been prepared.
Additionally, no public comments were
received subsequent to publication of
the interim final rule regarding this
determination and NMFS has not
received any new information that
would affect this determination.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf of Mexico,
Incorporation by reference, Puerto Rico,
Reporting and recordkeeping
requirements, South Atlantic, Virgin
Islands.
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57535
Dated: September 12, 2013.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, performing the
functions and duties of the Assistant
Administrator for Fisheries, National Marine
Fisheries Service.
For the reasons set out in the
preamble, the interim final rule
amending 15 CFR part 902 and 50 CFR
parts 622 and 640 that was published at
78 FR 22950 on April 17, 2013, is
adopted as final with the following
changes.
50 CFR Chapter VI
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. Section 622.13 is revised to read as
follows:
■
§ 622.13
Prohibitions—general.
In addition to the general prohibitions
in § 600.725 of this chapter, it is
unlawful for any person to do any of the
following:
(a) Engage in an activity for which a
valid Federal permit, license, or
endorsement is required under this part
without such permit, license, or
endorsement.
(b) Falsify information on an
application for a permit, license, or
endorsement or submitted in support of
such application, as specified in this
part.
(c) Fail to display a permit, license, or
endorsement, or other required
identification, as specified in this part.
(d) Falsify or fail to maintain, submit,
or provide information or fail to comply
with inspection requirements or
restrictions, as specified in this part.
(e) Fail to make a fish, or parts
thereof, available for inspection, as
specified in this part.
(f) Falsify or fail to display and
maintain vessel and gear identification,
as specified in this part.
(g) [Reserved]
(h) [Reserved]
(i) Fail to comply with any
requirement or restriction regarding ITQ
coupons, as specified in § 622.172.
(j) Possess wreckfish as specified in
§ 622.172, receive wreckfish except as
specified in § 622.172, or offload a
wreckfish except as specified in
§ 622.172.
(k) Transfer—
(1) A wreckfish, as specified in
§ 622.172;
(2) A limited-harvest species, as
specified in this part;
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Federal Register / Vol. 78, No. 182 / Thursday, September 19, 2013 / Rules and Regulations
(3) A species/species group subject to
a bag limit, as specified in this part;
(4) South Atlantic snapper-grouper
from a vessel with unauthorized gear on
board, as specified in § 622.188; or
(5) A species subject to a commercial
trip limit, as specified in this part.
(l) Use or possess prohibited gear or
methods or possess fish in association
with possession or use of prohibited
gear, as specified in this part.
(m) Fish for, harvest, or possess a
prohibited species, or a limited-harvest
species in excess of its limitation, sell or
purchase such species, fail to comply
with release requirements, molest or
strip eggs from a lobster, or possess a
lobster, or part thereof, from which eggs,
swimmerettes, or pleopids have been
removed or stripped, as specified in this
part.
(n) Fish in violation of the
prohibitions, restrictions, and
requirements applicable to seasonal
and/or area closures, including but not
limited to: Prohibition of all fishing,
gear restrictions, restrictions on take or
retention of fish, fish release
requirements, and restrictions on use of
an anchor or grapple, as specified in this
part or as may be specified under this
part.
(o) Harvest, possess, offload, sell, or
purchase fish in excess of the seasonal
harvest limitations, as specified in this
part.
(p) Except as allowed for king and
Spanish mackerel and Gulf of Mexico
and South Atlantic spiny lobster,
possess undersized fish, fail to release
undersized fish, or sell or purchase
undersized fish, as specified in this part.
(q) Fail to maintain a fish intact
through offloading ashore, as specified
in this part.
(r) Exceed a bag or possession limit,
as specified in this part.
(s) Fail to comply with the limitations
on traps and pots, including but not
limited to: Tending requirements,
constructions requirements, and area
specific restrictions, as specified in this
part.
(t) Fail to comply with the speciesspecific limitations, as specified in this
part.
(u) Fail to comply with the
restrictions that apply after closure of a
fishery, sector, or component of a
fishery, as specified in this part.
(v) Possess on board a vessel or land,
purchase, or sell fish in excess of the
commercial trip limits, as specified in
this part.
(w) Fail to comply with the
restrictions on sale/purchase, as
specified in this part.
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(x) Interfere with fishing or obstruct or
damage fishing gear or the fishing vessel
of another, as specified in this part.
(y) Fail to comply with the
requirements for observer coverage as
specified in this part.
(z) Assault, resist, oppose, impede,
intimidate, or interfere with a NMFSapproved observer aboard a vessel.
(aa) Prohibit or bar by command,
impediment, threat, coercion, or refusal
of reasonable assistance, an observer
from conducting his or her duties
aboard a vessel.
(bb) Fish for or possess golden crab in
or from a fishing zone or sub-zone of the
South Atlantic EEZ other than the zone
or sub-zone for which the vessel is
permitted or authorized, as specified in
§ 622.241.
(cc) Falsify information submitted
regarding an application for testing a
BRD or regarding testing of a BRD, as
specified in §§ 622.53 and 622.207.
(dd) Make a false statement, oral or
written, to an authorized officer
regarding the installation, use,
operation, or maintenance of a vessel
monitoring system (VMS) unit or
communication service provider.
(ee) Operate or own a vessel that is
required to have a permitted operator
aboard when the vessel is at sea or
offloading without such operator
aboard, as specified in this part.
(ff) When a vessel that is subject to
Federal fishing regulations is at sea or
offloading, own or operate such vessel
with a person aboard whose operator
permit is revoked, suspended, or
modified.
(gg) Fail to comply with any provision
related to a vessel monitoring system
(VMS) as specified in this part,
including but not limited to,
requirements for use, installation,
activation, access to data, procedures
related to interruption of VMS
operation, and prohibitions on
interference with the VMS.
(hh) Fail to comply with the protected
species conservation measure as
specified in this part.
(ii) Fail to comply with any provision
related to the IFQ program for Gulf red
snapper as specified in § 622.21, or the
IFQ program for Gulf groupers and
tilefishes as specified in § 622.22.
(jj) Falsify any information required to
be submitted regarding the IFQ program
for Gulf red snapper as specified in
§ 622.21, or the IFQ program for Gulf
groupers and tilefishes as specified in
§ 622.22.
(kk) Fail to comply with the
Caribbean, Gulf of Mexico, and South
Atlantic spiny lobster import
prohibitions, as specified in this part.
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(ll) Possess a Gulf of Mexico or South
Atlantic spiny lobster trap in the EEZ at
a time not authorized, as specified in
subpart R.
(mm) Harvest or attempt to harvest a
Gulf of Mexico or South Atlantic spiny
lobster by diving without having and
using in the water a measuring device,
as specified in subpart R.
(nn) Possess Gulf of Mexico or South
Atlantic spiny lobsters aboard a vessel
that uses or has on board a net or trawl
in an amount exceeding the limits, as
specified in subpart R.
(oo) Operate a vessel that fishes for or
possesses Gulf of Mexico or South
Atlantic spiny lobster in or from the
EEZ with spiny lobster aboard in an
amount exceeding the cumulative bag
and possession limit, as specified in
subpart R.
(pp) [Reserved]
(qq) Fail to comply with any other
requirement or restriction specified in
this part or violate any provision(s) of
this part.
§ 622.44
■
3. Section 622.44 is removed.
§ 622.61
■
[Removed]
12. Section 622.304 is removed.
§ 622.390
■
[Removed]
11. Section 622.282 is removed.
§ 622.304
■
[Removed]
10. Section 622.253 is removed.
§ 622.282
■
[Removed]
9. Section 622.228 is removed.
§ 622.253
■
[Removed]
8. Section 622.211 is removed.
§ 622.228
■
[Removed]
7. Section 622.195 is removed.
§ 622.211
■
[Removed]
6. Section 622.93 is removed.
§ 622.195
■
[Removed]
5. Section 622.78 is removed.
§ 622.93
■
[Removed]
4. Section 622.61 is removed.
§ 622.78
■
[Removed]
[Removed]
13. Section 622.390 is removed.
§ 622.414
[Removed]
14. Section 622.414 is removed and
reserved.
■
§ 622.441
■
15. Section 622.441 is removed.
§ 622.460
■
[Removed]
[Removed]
16. Section 622.460 is removed.
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§ 622.475
■
§ 622.498
■
[Removed]
17. Section 622.475 is removed.
[Removed]
18. Section 622.498 is removed.
[FR Doc. 2013–22728 Filed 9–18–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 121018563–3418–02]
RIN 0648–XC876
Fisheries of the Exclusive Economic
Zone Off Alaska; Shortraker Rockfish
in the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting retention
of shortraker rockfish in the Bering Sea
and Aleutian Islands management area
(BSAI). This action is necessary because
the 2013 total allowable catch (TAC) of
shortraker rockfish in the BSAI has been
reached.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), September 16, 2013,
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SUMMARY:
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through 2400 hrs, A.l.t., December 31,
2013.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7269.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands (FMP) prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2013 TAC for shortraker rockfish
in the BSAI is 370 metric tons (mt) as
established by the final 2013 and 2014
final harvest specifications for
groundfish of the BSAI (78 FR 13813,
March 1, 2013).
In accordance with § 679.20(d)(2), the
Administrator, Alaska Region, NMFS
(Regional Administrator), has
determined that the 2013 TAC of
shortraker rockfish in the BSAI has been
reached. Therefore, NMFS is requiring
that shortraker rockfish caught in the
BSAI be treated as prohibited species in
accordance with § 679.21(b).
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
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57537
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay prohibiting the retention of
shortraker rockfish in the BSAI. NMFS
was unable to publish a notice
providing time for public comment
because the most recent, relevant data
only became available as of September
13, 2013.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.20
and § 679.21 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 16, 2013.
Kelly Denit,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–22827 Filed 9–16–13; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 78, Number 182 (Thursday, September 19, 2013)]
[Rules and Regulations]
[Pages 57534-57537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22728]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
15 CFR Part 902
50 CFR Parts 622 and 640
[Docket No. 120403251-3787-02]
RIN 0648-BB70
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS adopts as final with some changes an interim final rule
published April 17, 2013, which reorganized the regulations
implementing the fishery management plans (FMPs) for the Southeast
Region, NMFS, and amended references to the Paperwork Reduction Act
(PRA) information-collection requirements. The new part 622 contains
regulations implementing management measures contained in the FMPs for
the following domestic fisheries in the Caribbean, Gulf of Mexico, and
South Atlantic: Caribbean coral, Caribbean reef fish, Caribbean spiny
lobster, Caribbean queen conch, Gulf red drum, Gulf reef fish, Gulf
shrimp, Gulf coral, Gulf and South Atlantic coastal migratory pelagics,
Gulf and South Atlantic spiny lobster, South Atlantic coral, South
Atlantic snapper-grouper, South Atlantic shrimp, Atlantic dolphin and
wahoo, South Atlantic golden crab, and South Atlantic pelagic
sargassum. The intended effect of this final rule is to improve the
organization of these regulations and simplify their use.
DATES: This final rule is effective September 19, 2013. The
incorporation by reference of certain publications listed in the rule
is approved by the Director of the Federal Register as of April 17,
2013.
ADDRESSES: Electronic copies of documents supporting this final rule
may be obtained from the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Scott Sandorf, telephone: 727-824-5305
or email: Scott.Sandorf@noaa.gov.
SUPPLEMENTARY INFORMATION: Domestic fisheries in the Caribbean, Gulf of
Mexico, and South Atlantic are managed under the FMPs prepared by the
Caribbean, Gulf of Mexico, and/or
[[Page 57535]]
South Atlantic Fishery Management Councils under the authority of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.)
On April 17, 2013, NMFS published an interim final rule to
reorganize the regulations for the 15 fisheries that had been in part
622, and reorganize and incorporate the part 640 regulations (Gulf and
South Atlantic spiny lobster) into part 622 (78 FR 22950). With that
incorporation, all Magnuson-Stevens Act fisheries regulations
applicable to the Caribbean, Gulf of Mexico, and South Atlantic are in
a single location, part 622. The interim final rule also revised the
references for PRA requirements in 15 CFR part 902. The background and
rationale for the reorganization were explained in the interim final
rule and are not repeated here.
Comments and Responses
NMFS provided a 30-day comment period on the interim final rule for
the public to comment on the structure and format of the reorganization
of 50 CFR part 622, and not on the regulations currently in effect,
which are outside the scope of this rulemaking. NMFS received five
comments on the interim final rule, including four comment letters from
individuals and one submission from a Federal agency. The Federal
agency stated that it had no comment. Two of the comments expressed
general support for the reorganization and the other two comments were
outside the scope of the rulemaking.
Changes From the Interim Final Rule
Prior to the interim final rule, both part 622 and part 640
contained a general prohibitions section that listed specific
management prohibitions. The interim final rule revised this approach
by including a generic prohibition under each fishery subpart rather
than a list of specific prohibtions. After further consideration during
the comment period on the interim final rule, NMFS decided to include a
list of the specific prohibitions in subpart A, instead of including a
generic prohibition under each fishery subpart. NMFS has determined
that the previous approach is more direct and easier for the public to
understand and is not substantively different in its content or
applicability. The regulatory text within part 622 is being revised
within this final rule to reflect this change.
All other codified text contained in the interim final rule that
published on April 17, 2013, remains unchanged.
Classification
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Administrator, Southeast Region, NMFS, has determined that this
final rule is consistent with the Magnuson-Stevens Act and other
applicable laws.
The Assistant Administrator for Fisheries, NOAA, (AA), finds good
cause under 5 U.S.C. 553(d)(3) to waive the requirement to delay for 30
days the effectiveness of this rule. Providing a delay of the
effectiveness of this rule is unnecessary because this final rule does
not make any substantive changes to the regulations. Instead, this
final rule makes changes to the reorganizational structure of the
regulations implemented in the interim final rule that published on
April 17, 2013 (78 FR 22950). Specifically, this final rule removes the
generic prohibitions under each fishery subpart implemented in the
interim final rule and adds specific prohibitions in the general
prohibitions section in Sec. 622.13, as were in effect before the
interim final rule was implemented. NMFS determined that having
specific prohibitions in the general prohibitions section is more
direct and easier for the public to understand and will avoid
confusion. Providing a delay of the effectiveness of this rule is also
contrary to the public interest as these regulations are already
currently in effect and the intent of the reorganization is to provide
the regulations in a format that enhances the public's ability to
locate and understand applicable regulatory requirements.
Because prior notice and opportunity for public comment was not
required for the interim final 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. were inapplicable. Accordingly, no Regulatory Flexibility
Analysis was required and none has been prepared. Additionally, no
public comments were received subsequent to publication of the interim
final rule regarding this determination and NMFS has not received any
new information that would affect this determination.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Gulf of Mexico, Incorporation by reference,
Puerto Rico, Reporting and recordkeeping requirements, South Atlantic,
Virgin Islands.
Dated: September 12, 2013.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, performing the
functions and duties of the Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons set out in the preamble, the interim final rule
amending 15 CFR part 902 and 50 CFR parts 622 and 640 that was
published at 78 FR 22950 on April 17, 2013, is adopted as final with
the following changes.
50 CFR Chapter VI
PART 622--FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH
ATLANTIC
0
1. The authority citation for part 622 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Section 622.13 is revised to read as follows:
Sec. 622.13 Prohibitions--general.
In addition to the general prohibitions in Sec. 600.725 of this
chapter, it is unlawful for any person to do any of the following:
(a) Engage in an activity for which a valid Federal permit,
license, or endorsement is required under this part without such
permit, license, or endorsement.
(b) Falsify information on an application for a permit, license, or
endorsement or submitted in support of such application, as specified
in this part.
(c) Fail to display a permit, license, or endorsement, or other
required identification, as specified in this part.
(d) Falsify or fail to maintain, submit, or provide information or
fail to comply with inspection requirements or restrictions, as
specified in this part.
(e) Fail to make a fish, or parts thereof, available for
inspection, as specified in this part.
(f) Falsify or fail to display and maintain vessel and gear
identification, as specified in this part.
(g) [Reserved]
(h) [Reserved]
(i) Fail to comply with any requirement or restriction regarding
ITQ coupons, as specified in Sec. 622.172.
(j) Possess wreckfish as specified in Sec. 622.172, receive
wreckfish except as specified in Sec. 622.172, or offload a wreckfish
except as specified in Sec. 622.172.
(k) Transfer--
(1) A wreckfish, as specified in Sec. 622.172;
(2) A limited-harvest species, as specified in this part;
[[Page 57536]]
(3) A species/species group subject to a bag limit, as specified in
this part;
(4) South Atlantic snapper-grouper from a vessel with unauthorized
gear on board, as specified in Sec. 622.188; or
(5) A species subject to a commercial trip limit, as specified in
this part.
(l) Use or possess prohibited gear or methods or possess fish in
association with possession or use of prohibited gear, as specified in
this part.
(m) Fish for, harvest, or possess a prohibited species, or a
limited-harvest species in excess of its limitation, sell or purchase
such species, fail to comply with release requirements, molest or strip
eggs from a lobster, or possess a lobster, or part thereof, from which
eggs, swimmerettes, or pleopids have been removed or stripped, as
specified in this part.
(n) Fish in violation of the prohibitions, restrictions, and
requirements applicable to seasonal and/or area closures, including but
not limited to: Prohibition of all fishing, gear restrictions,
restrictions on take or retention of fish, fish release requirements,
and restrictions on use of an anchor or grapple, as specified in this
part or as may be specified under this part.
(o) Harvest, possess, offload, sell, or purchase fish in excess of
the seasonal harvest limitations, as specified in this part.
(p) Except as allowed for king and Spanish mackerel and Gulf of
Mexico and South Atlantic spiny lobster, possess undersized fish, fail
to release undersized fish, or sell or purchase undersized fish, as
specified in this part.
(q) Fail to maintain a fish intact through offloading ashore, as
specified in this part.
(r) Exceed a bag or possession limit, as specified in this part.
(s) Fail to comply with the limitations on traps and pots,
including but not limited to: Tending requirements, constructions
requirements, and area specific restrictions, as specified in this
part.
(t) Fail to comply with the species-specific limitations, as
specified in this part.
(u) Fail to comply with the restrictions that apply after closure
of a fishery, sector, or component of a fishery, as specified in this
part.
(v) Possess on board a vessel or land, purchase, or sell fish in
excess of the commercial trip limits, as specified in this part.
(w) Fail to comply with the restrictions on sale/purchase, as
specified in this part.
(x) Interfere with fishing or obstruct or damage fishing gear or
the fishing vessel of another, as specified in this part.
(y) Fail to comply with the requirements for observer coverage as
specified in this part.
(z) Assault, resist, oppose, impede, intimidate, or interfere with
a NMFS-approved observer aboard a vessel.
(aa) Prohibit or bar by command, impediment, threat, coercion, or
refusal of reasonable assistance, an observer from conducting his or
her duties aboard a vessel.
(bb) Fish for or possess golden crab in or from a fishing zone or
sub-zone of the South Atlantic EEZ other than the zone or sub-zone for
which the vessel is permitted or authorized, as specified in Sec.
622.241.
(cc) Falsify information submitted regarding an application for
testing a BRD or regarding testing of a BRD, as specified in Sec. Sec.
622.53 and 622.207.
(dd) Make a false statement, oral or written, to an authorized
officer regarding the installation, use, operation, or maintenance of a
vessel monitoring system (VMS) unit or communication service provider.
(ee) Operate or own a vessel that is required to have a permitted
operator aboard when the vessel is at sea or offloading without such
operator aboard, as specified in this part.
(ff) When a vessel that is subject to Federal fishing regulations
is at sea or offloading, own or operate such vessel with a person
aboard whose operator permit is revoked, suspended, or modified.
(gg) Fail to comply with any provision related to a vessel
monitoring system (VMS) as specified in this part, including but not
limited to, requirements for use, installation, activation, access to
data, procedures related to interruption of VMS operation, and
prohibitions on interference with the VMS.
(hh) Fail to comply with the protected species conservation measure
as specified in this part.
(ii) Fail to comply with any provision related to the IFQ program
for Gulf red snapper as specified in Sec. 622.21, or the IFQ program
for Gulf groupers and tilefishes as specified in Sec. 622.22.
(jj) Falsify any information required to be submitted regarding the
IFQ program for Gulf red snapper as specified in Sec. 622.21, or the
IFQ program for Gulf groupers and tilefishes as specified in Sec.
622.22.
(kk) Fail to comply with the Caribbean, Gulf of Mexico, and South
Atlantic spiny lobster import prohibitions, as specified in this part.
(ll) Possess a Gulf of Mexico or South Atlantic spiny lobster trap
in the EEZ at a time not authorized, as specified in subpart R.
(mm) Harvest or attempt to harvest a Gulf of Mexico or South
Atlantic spiny lobster by diving without having and using in the water
a measuring device, as specified in subpart R.
(nn) Possess Gulf of Mexico or South Atlantic spiny lobsters aboard
a vessel that uses or has on board a net or trawl in an amount
exceeding the limits, as specified in subpart R.
(oo) Operate a vessel that fishes for or possesses Gulf of Mexico
or South Atlantic spiny lobster in or from the EEZ with spiny lobster
aboard in an amount exceeding the cumulative bag and possession limit,
as specified in subpart R.
(pp) [Reserved]
(qq) Fail to comply with any other requirement or restriction
specified in this part or violate any provision(s) of this part.
Sec. 622.44 [Removed]
0
3. Section 622.44 is removed.
Sec. 622.61 [Removed]
0
4. Section 622.61 is removed.
Sec. 622.78 [Removed]
0
5. Section 622.78 is removed.
Sec. 622.93 [Removed]
0
6. Section 622.93 is removed.
Sec. 622.195 [Removed]
0
7. Section 622.195 is removed.
Sec. 622.211 [Removed]
0
8. Section 622.211 is removed.
Sec. 622.228 [Removed]
0
9. Section 622.228 is removed.
Sec. 622.253 [Removed]
0
10. Section 622.253 is removed.
Sec. 622.282 [Removed]
0
11. Section 622.282 is removed.
Sec. 622.304 [Removed]
0
12. Section 622.304 is removed.
Sec. 622.390 [Removed]
0
13. Section 622.390 is removed.
Sec. 622.414 [Removed]
0
14. Section 622.414 is removed and reserved.
Sec. 622.441 [Removed]
0
15. Section 622.441 is removed.
Sec. 622.460 [Removed]
0
16. Section 622.460 is removed.
[[Page 57537]]
Sec. 622.475 [Removed]
0
17. Section 622.475 is removed.
Sec. 622.498 [Removed]
0
18. Section 622.498 is removed.
[FR Doc. 2013-22728 Filed 9-18-13; 8:45 am]
BILLING CODE 3510-22-P
