[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.
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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