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Atlantic Highly Migratory Species (HMS) Fisheries; Regulatory Adjustments

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 [Federal Register: February 5, 2001 (Volume 66, Number 24)]
[Rules and Regulations]
[Page 8903-8904]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe01-12]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 991210332-0212-02; I.D. 122700B]
RIN 0648-AO95


Atlantic Highly Migratory Species (HMS) Fisheries; Regulatory
Adjustments

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

ACTION: Final rule; technical amendment.

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SUMMARY: NMFS amends the final regulations governing the Atlantic HMS
fisheries to clarify the annual quota for blue sharks, to revise a
cross-reference for shark size limits, and to revise the specifications
for the East Florida Coast and Charleston Bump closed areas as intended
by the recent final rule to minimize bycatch and incidental catch in
the pelagic longline fishery.

DATES: Effective January 31, 2001.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz at 301-713-2347,
FAX: 301-713-1917.

SUPPLEMENTARY INFORMATION: On May 28, 1999, NMFS published a final rule
(64 FR 29090) that implemented, among other things, the Atlantic Tunas,
Swordfish, and Sharks Fishery Management Plan (HMS FMP), which was
adopted by the agency in April 1999. The final consolidated rule
included language specifying the semiannual blue shark quota but
inadvertently omitted language specifying the annual blue shark quota.
The final consolidated rule also incorrectly cross-referenced the shark
minimum size limit that is specified in the HMS FMP.
    Additionally, on August 1, 2000, NMFS published a final rule (65 FR
47214) that prohibited pelagic longline fishing at certain times and in
certain areas within the Exclusive Economic Zone (EEZ) of the Atlantic
Ocean off the coast of the Southeastern United States and in the Gulf
of Mexico. In that final rule, the definitions for the East Florida
Coast and Charleston Bump closed areas inadvertently specified parts of
the Atlantic Ocean outside the U.S. EEZ. As noted throughout the record
for the final rule, the agency intended the restrictions to apply only
in the U.S. EEZ. This technical amendment corrects these errors in the
regulatory text and does not change the intent of the final rule. Due
to the respecification of the referenced closed areas and the need for
NMFS to distribute this information to affected fishermen and State and
Federal enforcement personnel, NMFS postpones initiation of those time/
area closures until March 1, 2001.

Classification

    The Assistant Administrator for Fisheries (AA), under 5 U.S.C.
553(b)(B), finds that providing prior notice and opportunity for public
comment on this final rule is unnecessary and contrary to the public
interest. This final rule corrects earlier rules by clarifying
regulatory text inconsistent with the final HMS FMP and the Final
Supplemental Environmental Impact Statement for the regulatory
amendment reducing bycatch, bycatch mortality, and incidental catch in
the Atlantic pelagic longline fishery. These corrections and
clarifications are necessary to avoid adverse impacts on fishery
participants that would result from inconsistent interpretations of the
regulations relative to these regulations and/or the inability of NMFS
to enforce regulations due to lack of clarity. For similar reasons, the
AA, under 5 U.S.C. 553(d)(3), finds that delaying the effective date of
this final rule for 30 days is unnecessary and contrary to the public
interest.
    Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or by any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable. This action is

[[Page 8904]]

not significant under the meaning of Executive Order 12866.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Statistics, Treaties.

    Dated: January 30, 2001
William T. Hogarth,
Acting Assistant Administrator for Fisheries, 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

    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.

    2. In Sec. 635.2, the definitions of ``Charleston Bump closed
area'' and ``East Florida Coast closed area'' are revised to read as
follows:

Sec. 635.2  Definitions.

* * * * *
    Charleston Bump closed area means the Atlantic Ocean area seaward
of the inner boundary of the U.S. EEZ from a point intersecting the
inner boundary of the U.S. EEZ at 34 deg.00' N. lat. near Wilmington
Beach, NC, and proceeding due east to connect by straight lines the
following coordinates in the order stated: 34 deg.00' N. lat.,
76 deg.00' W. long.; 31 deg.00' N. lat., 76 deg.00' W. long.; then
proceeding due west to intersect the inner boundary of the U.S. EEZ at
31 deg.00' N. lat. near Jekyll Island, GA.
* * * * *
    East Florida Coast closed area means the Atlantic Ocean area
seaward of the inner boundary of the U.S. EEZ from a point intersecting
the inner boundary of the U.S. EEZ at 31 deg.00' N. lat. near Jekyll
Island, GA, and proceeding due east to connect by straight lines the
following coordinates in the order stated: 31 deg.00' N. lat.,
78 deg.00' W. long.; 28 deg.17' N. lat., 79 deg.12' W. long.; then
proceeding along the outer boundary of the EEZ to the intersection of
the EEZ with 24 deg.00' N. lat.; then proceeding due west to the
following coordinates: 24 deg.00' N. lat., 81 deg.47' W. long.; then
proceeding due north to intersect the inner boundary of the U.S. EEZ at
81 deg.47' W. long. near Key West, FL.
* * * * *

    3. In Sec. 635.21, paragraphs (c)(2)(ii) and (iii) are revised to
read as follows:

Sec. 635.21  Gear operation and deployment restrictions.

* * * * *
    (c) * * *
    (2) * * *
    (ii) In the Charleston Bump closed area from March 1 through April
30, 2001, and from February 1 through April 30 each calendar year
thereafter;
    (iii) In the East Florida Coast closed area at any time beginning
at 12:01 a.m. on March 1, 2001; and
* * * * *

    4. In Sec. 635.22, the first sentence of paragraph (c) is revised
to read as follows:

Sec. 635.22  Recreational retention limits.

* * * * *
    (c) Sharks. One shark from either the large coastal, small coastal
or pelagic group may be retained per vessel per trip, subject to the
size limits described in Sec. 635.20(e), and, in addition, one Atlantic
sharpnose shark may be retained per person per trip. * * *
* * * * *

    5. In Sec. 635.27, paragraph (b)(1)(iii) is revised to read as
follows:

 Sec. 6355.27  Quotas.

* * * * *
    (b) * * *
    (1) * * *
    (iii) Pelagic sharks. The annual commercial quotas for pelagic
sharks are 92 mt dw for porbeagle sharks, 273 mt dw for blue sharks,
and 488 mt dw for pelagic sharks other than porbeagle or blue sharks
(unless otherwise specified in the Federal Register as provided in
paragraph (b)(1)(iv) of this section). These quotas are divided between
two semiannual periods, January 1 through June 30, and July 1 through
December 31. The quotas for each semiannual period are as follows:
    (A) Porbeagle shark-46 mt dw.
    (B) Blue sharks-136.5 mt dw.
    (C) Pelagic sharks, other than porbeagle or blue sharks-244 mt dw.
* * * * *
[FR Doc. 01-2957 Filed 1-31-01; 3:33 pm]
BILLING CODE 3510-22-S

 
 

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