RIN 0648-BK44, 11322-11325 [2022-04263]
Download as PDF
<![CDATA[
jspears on DSK121TN23PROD with RULES1
11322
Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Rules and Regulations
response to a petition submitted to the
Agency. The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this action
has been exempted from review under
Executive Order 12866, this action is
not subject to Executive Order 13211,
entitled ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) or Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997). This action does not
contain any information collections
subject to OMB approval under the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), nor does it require
any special considerations under
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerance exemption in this final
rule, do not require the issuance of a
proposed rule, the requirements of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.), do not apply.
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or Tribes, nor does
this action alter the relationships or
distribution of power and
responsibilities established by Congress
in the preemption provisions of FFDCA
section 408(n)(4). As such, the Agency
has determined that this action will not
have a substantial direct effect on States
or Tribal Governments, on the
relationship between the National
Government and the States or Tribal
Governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
Tribes. Thus, the Agency has
determined that Executive Order 13132,
entitled ‘‘Federalism’’ (64 FR 43255,
August 10, 1999) and Executive Order
13175, entitled ‘‘Consultation and
Coordination with Indian Tribal
Governments’’ (65 FR 67249, November
9, 2000) do not apply to this action. In
addition, this action does not impose
any enforceable duty or contain any
unfunded mandate as described under
Title II of the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1501 et
seq.). This action does not involve any
technical standards that would require
VerDate Sep<11>2014
16:32 Feb 28, 2022
Jkt 256001
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
VIII. Congressional Review Act
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: February 17, 2022.
Marietta Echeverria,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, for the reasons stated in the
preamble, 40 CFR chapter I is amended
as follows:
PART 180—TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.920, amend Table 1 to
180.920 by adding in alphabetical order
the inert ingredient ‘‘Potassium acetate
(CAS Reg. No. 127–08–2)’’ to read as
follows:
■
§ 180.920 Inert ingredients used preharvest; exemptions from the requirement
of a tolerance.
*
*
*
*
TABLE 1 TO 180.920
Inert ingredients
Limits
*
*
*
Potassium acetate (CAS
Reg. No. 127–08–2).
*
............
*
*
*
*
Uses
*
Nutrient.
*
[FR Doc. 2022–04078 Filed 2–28–22; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 220216–0050]
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
*
DEPARTMENT OF COMMERCE
RIN 0648–BK44
Atlantic Highly Migratory Species;
Consistency Modifications and
Corrections
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; technical corrections.
AGENCY:
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/atlantichighly-migratory-species or upon
request from the HMS Management
Division by phone at 301–427–8503.
FOR FURTHER INFORMATION CONTACT:
Larry Redd, Jr., larry.redd@noaa.gov,
Thomas Warren, thomas.warren@
noaa.gov, or Steve Durkee,
steve.durkee@noaa.gov, 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.
SUMMARY:
Background
Since publishing the 2006
Consolidated HMS FMP, NMFS has
Frm 00048
Fmt 4700
Sfmt 4700
E:\FR\FM\01MRR1.SGM
01MRR1
Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Rules and Regulations
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 nonHMS 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 crossreferences to regulations as appropriate.
jspears on DSK121TN23PROD with RULES1
Clarification Corrections
This final action clarifies the HMS
regulations as follows:
The regulation at § 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 § 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
§ 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).
VerDate Sep<11>2014
16:32 Feb 28, 2022
Jkt 256001
• 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
§ 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
§§ 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
§ 635.2 because the definition is not
referenced anywhere else in the part 635
regulations. In addition, this final rule
corrects the regulations at
§ 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 §§ 635.4(h)(1)(iv) and
(n)(2) and 635.54. Section 635.4(h)(1)(iv)
and (n)(2) incorrectly reference the Illex
PO 00000
Frm 00049
Fmt 4700
Sfmt 4700
11323
squid moratorium permit described at
§ 648.4(a)(5)(i). The correct cross
reference should be § 648.4(a)(5)(ii).
Section 635.54 incorrectly references
that owners and operators of U.S.
vessels are subject to inspection under
§ 635.23. The correct cross reference
should be § 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 MagnusonStevens 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.
E:\FR\FM\01MRR1.SGM
01MRR1
11324
Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Rules and Regulations
Dated: February 23, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
§ 635.5
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 for
‘‘Mid-Atlantic Bight.’’
■ 3. In § 635.4, revise paragraphs (a)(10),
(h)(1)(iv), and (n)(2) to read as follows:
■
§ 635.4
Permits and fees.
jspears on DSK121TN23PROD with RULES1
*
*
*
*
*
(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
§ 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 § 648.4(a)(5)(ii)
of this chapter, and no commercial
fishing gear other than trawl gear.
*
*
*
*
*
■ 4. In § 635.5, revise paragraphs (a)(4)
and (d) to read as follows:
VerDate Sep<11>2014
16:32 Feb 28, 2022
Jkt 256001
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 § 635.4 in the Atlantic
Tunas General or Harpoon categories, or
has been permitted or is required to be
permitted under § 635.4 under the HMS
Charter/Headboat category and fishing
under the General category quotas and
daily limits as specified at § 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.
*
*
*
*
*
■ 5. In § 635.19, revise paragraph (e)(1)
to read as follows:
§ 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 § 635.24(b)(2). No person may possess
South Atlantic swordfish taken from its
management unit by any gear other than
longline.
*
*
*
*
*
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
6. In § 635.21, revise paragraph
(d)(1)(iii)(D) to read as follows:
■
§ 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°05.04′ N
lat. 79°13.575′ W long.; 32°9.65′ N lat.,
79°9.2′ W long.; 32°7.155′ N lat.,
79°5.595′ W long.; 32°2.36′ N lat.,
79°9.975′ W long.; 32°5.04′ N lat.,
79°13.575′ W long.
*
*
*
*
*
■ 7. In § 635.22, revise paragraphs (a)(2)
and (3) to read as follows:
§ 635.22
Recreational retention limits.
*
*
*
*
*
(a) * * *
(2) Vessels issued an Atlantic Tunas
General category permit under
§ 635.4(d) that are participating in an
HMS registered tournament, vessels
issued an HMS Angling category permit
under § 635.4(c), or vessels issued an
HMS Charter/Headboat permit under
§ 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
§ 635.4(d) that are participating in an
HMS registered tournament, vessels
issued a Swordfish General commercial
permit under § 635.4(f) that are
participating in an HMS registered
tournament, vessels issued a HMS
Angling category permit under
§ 635.4(c), or vessels issued an HMS
Charter/Headboat permit under
§ 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.
*
*
*
*
*
■ 8. In § 635.27, revise the introductory
text of paragraph (a)(1)(i) to read as
follows:
§ 635.27
*
Quotas.
*
*
(a) * * *
E:\FR\FM\01MRR1.SGM
01MRR1
*
*
Federal Register / Vol. 87, No. 40 / Tuesday, March 1, 2022 / Rules and Regulations
jspears on DSK121TN23PROD with RULES1
(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 § 635.23(c)(3).
Pursuant to paragraph (a) of this section,
the amount of large medium and giant
VerDate Sep<11>2014
16:32 Feb 28, 2022
Jkt 256001
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:
*
*
*
*
*
9. In § 635.54, revise the introductory
text to read as follows:
■
PO 00000
Frm 00051
Fmt 4700
Sfmt 9990
§ 635.54
11325
Reports.
Owners and operators of U.S. vessels
subject to inspection under § 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
E:\FR\FM\01MRR1.SGM
01MRR1
]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
