Atlantic Highly Migratory Species; Removal of Billfish Certificate of Eligibility Requirements, 56136-56137 [2019-22882]

Download as PDF 56136 Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Rules and Regulations Dated: August 20, 2019. Margaret E. Everson, Principal Deputy Director, U.S. Fish and Wildlife Service, Exercising the Authority of the Director, U.S. Fish and Wildlife Service. [FR Doc. 2019–22857 Filed 10–18–19; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 191011–0060] RIN 0648–BJ29 Background Atlantic Highly Migratory Species; Removal of Billfish Certificate of Eligibility Requirements 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. National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: 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 alreadyeffective 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. SUMMARY: 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. DATES: khammond on DSKJM1Z7X2PROD with RULES Atlantic HMS are managed under the dual authority of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq., (MagnusonStevens 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. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 18:10 Oct 18, 2019 Jkt 250001 Corrections To Remove Billfish Conservation Act of 2012 Language Regulations at §§ 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 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 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 § 635.2 and the language at § 635.31(b)(2) and (3). This final action also revises the language at § 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 MagnusonStevens 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. E:\FR\FM\21OCR1.SGM 21OCR1 Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Rules and Regulations Dated: October 16, 2019. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206–526–4323. SUPPLEMENTARY INFORMATION: For the reasons set out in the preamble, 50 CFR part 635 is amended as follows: PART 635—ATLANTIC HIGHLY MIGRATORY SPECIES 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. § 635.2 [Amended] 2. In § 635.2, remove the definition of ‘‘Billfish Certificate of Eligibility (COE).’’ ■ 3. In 635.31, revise paragraph (b) to read as follows. ■ § 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 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 180702602–9400–01] RIN 0648–XW007 Fisheries Off West Coast States; Modifications of the West Coast Recreational and Commercial Salmon Fisheries; Inseason Actions #6 Through #27 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Modification of fishing seasons. AGENCY: NMFS announces 22 inseason actions in the ocean salmon fisheries. These inseason actions modified the commercial and recreational salmon fisheries in the area from the U.S./ Canada border to the U.S./Mexico border. khammond on DSKJM1Z7X2PROD with RULES SUMMARY: The effective dates for the inseason actions are set out in this document under the heading Inseason Actions. DATES: VerDate Sep<11>2014 16:21 Oct 18, 2019 Jkt 250001 Background In the 2019 annual management measures for ocean salmon fisheries (84 FR 19729, May 6, 2019), NMFS announced management measures for the commercial and recreational fisheries in the area from the U.S./ Canada border to the U.S./Mexico border, effective from 0001 hours Pacific Daylight Time (PDT), May 6, 2019, until the effective date of the 2020 management measures, as published in the Federal Register. NMFS is authorized to implement inseason management actions to modify fishing seasons and quotas as necessary to provide fishing opportunity while meeting management objectives for the affected species (50 CFR 660.409). Inseason actions in the salmon fishery may be taken directly by NMFS (50 CFR 660.409(a)—Fixed inseason management provisions) or upon consultation with the Pacific Fishery Management Council (Council) and the appropriate State Directors (50 CFR 660.409(b)—Flexible inseason management provisions). The state management agencies that participated in the consultations described in this document were: California Department of Fish and Wildlife (CDFW), Oregon Department of Fish and Wildlife (ODFW), and Washington Department of Fish and Wildlife (WDFW). Management Areas Management of the salmon fisheries is generally divided into two geographic areas: North of Cape Falcon (U.S./ Canada border to Cape Falcon, OR) and south of Cape Falcon (Cape Falcon, OR, to the U.S./Mexico border). Within the north and south of Cape Falcon areas, there are further subarea divisions used to manage impacts on salmon stocks or stock groups as well as economic impacts to communities. North of Cape Falcon: Recreational fisheries north of Cape Falcon are divided into four subareas: U.S./Canada border to Cape Alava, WA (Neah Bay subarea), Cape Alava, WA, to Queets River, WA (La Push subarea), Queets River, WA, to Leadbetter Point, WA (Westport subarea), and Leadbetter Point, WA, to Cape Falcon, OR (Columbia River subarea). Commercial fisheries north of Cape Falcon are divided at Queets River, WA, and Leadbetter Point, WA. South of Cape Falcon: South of Cape Falcon, the area from Humbug Mountain, OR, to Horse Mountain, CA, is the Klamath Management Zone PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 56137 (KMZ) and is managed in two subareas, Oregon KMZ and California KMZ, divided at the Oregon/California border. The Oregon KMZ is the area from Humbug Mountain, OR, to the Oregon/ California border. The California KMZ is the area from the Oregon/California border to Horse Mountain, CA. However, the area from Humboldt South Jetty, CA, to Horse Mountain, CA, has been closed to commercial salmon fishing since 1992. Inseason Actions Inseason Action #6 Description of the action: Inseason action #6 temporarily closed the commercial salmon fishery from the U.S./Canada border to Queets River, WA. Effective dates: Inseason action #6 took effect on June 19, 2019, and remained in effect until superseded by inseason action #8 on June 24, 2019. Reason and authorization for the action: The purpose of inseason action #6 was to avoid exceeding the subarea quota for Chinook salmon. The 2019 annual management measures (84 FR 19729, May 6, 2019) state that inseason action will be considered when approximately 60 percent of the subarea guideline for the area from the U.S./ Canada border to Queets River, WA, has been landed. At the time of this inseason consultation, 75 percent of the subarea guideline had been landed. The Regional Administrator (RA) considered Chinook salmon landings and fishery effort and determined inseason action was necessary to stay within the quota. Inseason action to modify fishing seasons is authorized by 50 CFR 660.409(b)(1)(i). Consultation date and participants: Consultation on inseason action #6 occurred on June 14, 2019. Representatives from NMFS, WDFW, and ODFW participated in this consultation. Council staff were unavailable to participate, but were notified of the RA’s decision immediately after the consultation. Inseason Action #7 Description of the action: Inseason action #7 allowed retention of halibut caught incidental to the commercial salmon fishery by International Pacific Halibut Commission license holders to continue past June 30, 2019. Inseason action #7 also reduced the landing limit for incidental halibut from 35 halibut per vessel per trip to 15 halibut per vessel per trip; other landing restrictions remained as set preseason. This inseason action applied to commercial E:\FR\FM\21OCR1.SGM 21OCR1

Agencies

[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.

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

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