Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations 42743 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 210730–0154] 

RIN 0648–BK35 

Atlantic Highly Migratory Species; 

Federal Atlantic Tunas Regulations in 

Maine State Waters 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS is adding Maine to the 

list of states for which NMFS has 

determined that Federal Atlantic tunas 

regulations are applicable within state 

waters, consistent with section 9(d) of 

the Atlantic Tunas Convention Act 

(ATCA) and implementing regulations. 

NMFS is taking this action after 

considering a request from the Maine 

Department of Marine Resources 

(MEDMR) and reviewing the state’s 

relevant laws and regulations. Most 

states and territories bordering the 

Atlantic and Gulf of Mexico are 

currently included in the list, except 

Maine, Connecticut, and Mississippi. 

This addition of Maine to the list makes 

Federal Atlantic tunas regulations— 

including but not limited to open and 

closed seasons, retention limits, size 

limits, authorized gears and gear 

restrictions, and permitting and 

reporting requirements—applicable in 

Maine state waters. 

DATES: This final rule is effective on 

September 7, 2021. 

ADDRESSES: Copies of this rule and 

supporting documents are available 

from the HMS Management Division 

website at https://

www.fisheries.noaa.gov/topic/atlantichighly-migratory-species. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Soltanoff (carrie.soltanoff@

noaa.gov) or Larry Redd, Jr. (larry.redd@

noaa.gov) at 301–427–8503. 

SUPPLEMENTARY INFORMATION: Atlantic 

tunas fisheries are managed under the 

authority of ATCA (16 U.S.C. 971 et 

seq.) and the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.). The 2006 Consolidated Atlantic 

Highly Migratory Species (HMS) Fishery 

Management Plan (FMP) and its 

amendments are implemented by 

regulations at 50 CFR part 635. Section 

9(d) of ATCA, 16 U.S.C. 971g(d)(2), 

states that regulations promulgated to 

implement recommendations of the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

shall apply within the boundaries of any 

state bordering the Convention area (the 

Atlantic Ocean and adjacent seas) if the 

Secretary of Commerce, after notice and 

an opportunity for the state to request a 

formal hearing, determines that such 

state does not implement regulations 

consistent with ICCAT 

recommendations or if state regulations 

are less restrictive than the Federal 

regulations or are not effectively 

enforced. For Atlantic tunas, section 

9(d) of ATCA is implemented in the 

Atlantic HMS regulations at 50 CFR 

635.1(b). Atlantic tunas regulations in 

part 635 include open and closed 

seasons, retention limits, size limits, 

authorized gears and gear restrictions, 

and permitting and reporting 

requirements, among others. Atlantic 

tunas managed under the regulations in 

part 635 are bluefin, bigeye, albacore, 

yellowfin, and skipjack tunas. 

Background 

The proposed rule published on April 

26, 2021 (86 FR 22006). Additional 

background on this rulemaking can be 

found in that proposed rule and is not 

repeated here. The comment period for 

the proposed rule closed on June 10, 

2021. 

This final rule adds Maine to the list 

of states at § 635.1(b), making Federal 

Atlantic tunas regulations at 50 CFR 

part 635 applicable within Maine state 

waters. In reviewing Maine marine 

resource laws and regulations regarding 

tuna fishing in state waters and based 

on consideration of public comments, 

NMFS has determined that application 

of Federal regulations in state waters is 

warranted, consistent with the State’s 

request and the ATCA criteria. The 

ATCA criteria require the Secretary of 

Commerce, after notice and an 

opportunity for the State to request a 

formal hearing, to determine whether 

applicable states implement regulations 

consistent with ICCAT 

recommendations and if state 

regulations are less restrictive than the 

Federal regulations or are not effectively 

enforced. NMFS determined that the 

State does not meet the criteria, 

particularly given the State’s 

communication that it can no longer 

ensure that state regulations are 

consistent with the Federal regulations 

on an ongoing basis. The State of Maine 

did not request a formal hearing for this 

action although NMFS held a public 

webinar to collect public comment on 

May 14, 2021. 

This rule will provide regulatory 

consistency; enhance enforcement of 

season closures, retention limits, size 

limits, and other Federal tunas 

regulations in Maine state waters; and 

address regulation given the State of 

Maine’s observation of increased 

commercial tuna fishing activity in state 

waters. This change also will more 

directly ensure that any tunas landed in 

state waters are reported in compliance 

with regulations implementing ICCAT 

requirements. 

Response to Comments 

NMFS did not receive written 

comments on the proposed rule but did 

receive a comment during the public 

webinar. NMFS summarizes and 

responds to the comment below. 

Comment 1: MEDMR commented that 

this action would ensure the long-term 

viability of their fleet and shore side 

businesses and ensure sustainable 

management of the tuna fisheries. 

MEDMR reiterated their request for this 

regulatory change and their lack of 

capacity to stay in sync with the highly 

dynamic Federal tuna management 

regulations. 

Response: NMFS agrees that Atlantic 

bluefin tuna management is dynamic, 

and NMFS agrees that implementation 

of Federal regulations in Maine state 

waters will better ensure that tuna 

fishing activities in Maine state waters 

are consistent with Federal management 

measures such as open and closed 

seasons, retention limits, size limits, 

authorized gears and gear restrictions, 

and permitting and reporting 

requirements. This will simplify and 

help ensure sustainable management 

within the ranges of Atlantic tunas 

stocks. 

Changes From the Proposed Rule 

The final rule contains no changes 

from the proposed rule. 

Classification 

The NMFS Assistant Administrator 

has determined that this final rule is 

consistent with the 2006 Consolidated 

Atlantic HMS FMP and its amendments, 

the Magnuson-Stevens Act, ATCA, and 

other applicable laws. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

This final rule does not include any 

change to a collection of information 

requirement for purposes of the 

Paperwork Reduction Act of 1995. The 

existing collection of information 

requirements continue to apply under 

the following OMB Control Numbers: 

0648–0327 Atlantic HMS Permit Family 

of Forms, 0648–0328 Atlantic HMS 


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42744 Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations 

Recreational Landings Reports, and 

0648–0371 HMS Vessel Logbooks and 

Cost-Earnings Reports. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required and none was prepared. 

List of Subjects in 50 CFR Part 635 

Fisheries, Fishing, Fishing vessels, 

Foreign relations, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Statistics, Treaties. 

Dated: July 30, 2021. 

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 

■ 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 § 635.1, revise paragraph (b) to 

read as follows: 

§ 635.1 Purpose and scope. 

* * * * * 

(b) Under section 9(d) of ATCA, 

NMFS has determined that the 

regulations contained in this part with 

respect to Atlantic tunas are applicable 

within the territorial sea of the United 

States adjacent to, and within the 

boundaries of, the States of Maine, New 

Hampshire, Massachusetts, Rhode 

Island, New York, New Jersey, 

Delaware, Maryland, Virginia, North 

Carolina, South Carolina, Georgia, 

Florida, Alabama, Louisiana, and Texas, 

and the Commonwealths of Puerto Rico 

and the Virgin Islands. NMFS will 

undertake a continuing review of State 

regulations to determine if regulations 

applicable to Atlantic tunas, swordfish, 

or billfish are at least as restrictive as 

regulations contained in this part and if 

such regulations are effectively 

enforced. In such case, NMFS will file 

with the Office of the Federal Register 

for publication notification of the basis 

for the determination and of the specific 

regulations that shall or shall not apply 

in the territorial sea of the identified 

State. 

[FR Doc. 2021–16670 Filed 8–4–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 210730–0152] 

RIN 0648–BK29 

Pacific Island Fisheries; Electronic 

Logbooks for Hawaii and American 

Samoa Pelagic Longline Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS will require the use of 

electronic logbooks in the Hawaii 

pelagic longline fisheries and on Class 

C and D vessels in the American Samoa 

pelagic longline fishery. This final rule 

is intended to reduce human error, 

improve data accuracy, save time for 

fishermen and NMFS, and provide more 

rigorous monitoring and forecasting of 

catch limits. 

DATES: The final rule is effective 

September 7, 2021. 

ADDRESSES: The Western Pacific Fishery 

Management Council (Council) 

prepared a regulatory amendment that 

provides additional information and 

analyses that support this final rule. 

Copies are available from the Council, 

1164 Bishop St., Suite 1400, Honolulu, 

HI 96813, tel 808–522–8220, or 

www.wpcouncil.org. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this final rule 

may be submitted to Michael D. Tosatto, 

Regional Administrator, NMFS Pacific 

Islands Region (PIR), 1845 Wasp Blvd., 

Bldg. 176, Honolulu, HI 96818, and to 

www.reginfo.gov/public/do/PRAMain. 

FOR FURTHER INFORMATION CONTACT: 

Lynn Rassel, NMFS Pacific Islands 

Regional Office Sustainable Fisheries, 

808–725–5184. 

SUPPLEMENTARY INFORMATION: NMFS and 

the Council manage the Hawaii shallowset and deep-set longline fisheries and 

the America Samoa longline fishery 

under the Fishery Ecosystem Plan for 

Pelagic Fisheries of the Western Pacific 

(FEP). The implementing Federal 

regulations for these fisheries include a 

suite of conservation and management 

requirements, including daily catch and 

effort reporting. The current system of 

collecting, collating, storing, and 

entering paper logbook data manually is 

costly, inefficient, and prone to delays 

and errors. To correct these 

inefficiencies, NMFS will require the 

use of electronic logbooks for vessels 

with Federal permits for the Hawaii 

longline fisheries, and Class C and D 

Federal permits for the American Samoa 

longline fishery. 

Vessel operators will be required to 

use a NMFS-certified electronic logbook 

to record catch, effort, location, and 

other information, and submit it within 

24 hours of the completion of a fishing 

day. In the event of technology 

malfunction, NMFS will require that 

logbook data be submitted on paper or 

electronically within 72 hours of the 

end of the affected fishing trip. 

After this rule’s effective date, the 

requirements will apply to an 

individual permit holder after NMFS 

notifies the permit holder of the 

requirement to submit records 

electronically and after NMFS assigns 

an electronic logbook to the vessel. 

NMFS is responsible for purchasing, 

providing, and maintaining the tablets, 

software, and data transmission at no 

cost to fishery participants. In addition 

to providing the electronic logbooks, 

NMFS will provide vessel operators 

with individual user accounts and train 

them to use the system properly. 

Additional background information 

on this action is in the proposed rule 

published in the Federal Register on 

June 9, 2021 (86 FR 30582); we do not 

repeat it here. 

Comments and Responses 

On June 9, 2021, NMFS published a 

proposed rule for public comment (86 

FR 30582). The public comment period 

ended on July 9, 2021. NMFS received 

comments from two individuals 

generally supporting the proposed 

action. The commenters noted that 

electronic logbooks are effective in 

reducing data recording and processing 

errors, and related agency burden. 

Changes From the Proposed Rule 

There are no changes in this final 

rule. 

Classification 

Pursuant to section 304(b)(3) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this final rule is consistent with the 

FEP, other provisions of the MagnusonStevens Act, and other applicable law. 


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