Federal Register / Vol. 79, No. 220 / Friday, November 14, 2014 / Rules and Regulations 68135 

provides an opportunity for harvesters 

to retain up to 1 mt in the event they 

catch PBF reduces the likelihood that 

the species would be targeted while 

allowing for economic opportunities to 

persist. 

Correcting the premature closure by 

reopening the fishery relieves a 

restriction, and, therefore, is not subject 

to the 30-day delay in effectiveness 

under 5 U.S.C. 553(d)(3). For the same 

reasons provided above, pursuant to 5 

U.S.C. 553(d)(3), the AA finds good 

cause to waive the full 30-day delay in 

effectiveness for imposition of the 1 mt 

retention limit. It would be contrary to 

the public interest if the retention limit 

does not become effective immediately 

and concurrently with the reopening of 

the fishery because an incentive would 

remain for harvesters to target PBF with 

gear capable of exceeding the catch limit 

in one or two trips, thus undermining 

the purpose of the regulations. 

Because notice and opportunity for 

comment are not required pursuant to 5 

U.S.C. 553 or any other law, the 

analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) are inapplicable. Therefore, a 

regulatory flexibility analysis is not 

required and has not been prepared. 

This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. A Regulatory Impact 

Review was completed and is available 

upon request from the NMFS, West 

Coast Region (see ADDRESSES). 

Authority: 16 U.S.C. 951 et seq. and 16 

U.S.C. 1801 et seq. 

Dated: November 7, 2014. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2014–26988 Filed 11–13–14; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 140930815–4916–01] 

RIN 0648–BE54 

Highly Migratory Species; Technical 

Amendment to Regulations 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; technical 

amendments. 

SUMMARY: NMFS is hereby making 

technical amendments to our 

regulations without altering the 

substance of the regulations. These 

changes will make our rules more 

internally consistent and easier to use. 

As a result of reorganizing 50 CFR part 

622 in a previously published final rule 

(September 19, 2013), two crossreferences in 50 CFR part 635 are no 

longer accurate. This final rule only 

corrects the outdated cross-references. 

The rule does not make any substantive 

change to the regulations governing 

Atlantic Highly Migratory Species 

(HMS) or to species managed by NMFS’ 

Southeast Regional Office (SERO). 

DATES: This final rule is effective on 

November 14, 2014. 

ADDRESSES: Copies of other documents 

relevant to this rule are available from 

the Highly Migratory Species 

Management Division Web site at http:// 

www.nmfs.noaa.gov/sfa/hms/ or upon 

request from the Atlantic HMS 

Management Division at 1315 East-West 

Highway, Silver Spring, MD 20910. 

FOR FURTHER INFORMATION CONTACT: Rick 

Pearson at 727–824–5399. 

SUPPLEMENTARY INFORMATION: Atlantic 

HMS are managed under the dual 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) and the 

Atlantic Tunas Convention Act (ATCA). 

The authority to issue regulations under 

the Magnuson-Stevens Act and ATCA 

has been delegated from the Secretary of 

Commerce to the Assistant 

Administrator for Fisheries, NOAA 

(AA). On May 28, 1999, NMFS 

published in the Federal Register (64 

FR 29090) regulations implementing the 

Fishery Management Plan for Atlantic 

Tunas, Swordfish, and Sharks (1999 

FMP). On October 2, 2006, NMFS 

published in the Federal Register (71 

FR 58058) regulations implementing the 

2006 Consolidated Highly Migratory 

Species (HMS) FMP, which details the 

management measures for Atlantic HMS 

fisheries. The implementing regulations 

for Atlantic HMS are at 50 CFR part 635. 

Background 

These technical amendments are 

issued under 50 CFR part 635, entitled 

‘‘Atlantic Highly Migratory Species.’’ 

Currently, the regulations at 50 CFR part 

635 contain cross-references to several 

restricted fishing areas that are 

described in 50 CFR part 622, entitled 

‘‘Fisheries of the Caribbean, Gulf, and 

South Atlantic.’’ The cross-references in 

50 CFR part 635 ensure consistency 

with the regulations at 50 CFR part 622 

to protect certain reef species and/or 

habitat managed by the Caribbean, 

South Atlantic, and Gulf of Mexico 

Fishery Management Councils. For 

example, some areas have been closed 

to bottom longline gear for reef fish 

permit holders through the 50 CFR part 

622 regulations for the Caribbean, Gulf, 

and South Atlantic. NMFS through 

rulemaking enacted complementary 

regulations to prohibit bottom longline 

gear in these same areas by HMS permit 

holders to implement the closures more 

effectively. 

On April 17, 2013, NMFS published 

an interim final rule (78 FR 22950) to 

reorganize the regulations implementing 

fishery management plans developed by 

the Caribbean, South Atlantic, and Gulf 

of Mexico Fishery Management 

Councils. The interim final rule did not 

create any new obligations, but 

reorganized the existing regulatory 

requirements in the Code of Federal 

Regulations in a more logical format; 

i.e., by fishery, so that the public could 

locate regulatory requirements more 

easily. The final rule was published on 

September 19, 2013 (78 FR 57534). As 

a result of reorganizing 50 CFR part 622, 

two cross-references in 50 CFR part 635 

are no longer accurate. With 

reorganization and changes in 

references to the 50 CFR part 622 

regulations, parallel changes are now 

needed in the HMS regulations at 50 

CFR part 635. This technical 

amendment would only correct the 

outdated cross-references. No other 

changes are being considered or 

implemented. 

Corrections 

Currently, the regulations at 

§ 635.21(a)(4)(i) contain a crossreference to areas designated at 

§ 622.34(d), the Tortugas marine 

reserves habitat area of particular 

concern (HAPC). This final rule corrects 

the cross-reference to indicate the same 

areas, which are now designated at 

§ 622.74(c), and specifies the name of 

the areas as the ‘‘Tortugas marine 

reserves HAPC.’’ 

The regulations at § 635.21(d)(1)(ii) 

currently contain a cross-reference to 

areas designated at § 622.33(a)(1) 

through (3), the Mutton snapper 

spawning aggregation area, the Red hind 

spawning aggregation areas, and the 

Grammanik Bank closed area. This final 

rule corrects the cross-reference to 

indicate the same areas, which are now 

designated at § 622.435(a)(2)(i) through 

(iii). 

Classification 

The NMFS Assistant Administrator 

(AA) has determined that this final rule 

is necessary for the conservation and 

management of U.S. Caribbean and Gulf 

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68136 Federal Register / Vol. 79, No. 220 / Friday, November 14, 2014 / Rules and Regulations 

of Mexico fisheries and that it is 

consistent with the Magnuson-Stevens 

Fishery Conservation and Management 

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 

would be unnecessary and contrary to 

the public interest. This is a nondiscretionary, technical amendment that 

must be implemented to reduce 

confusion by updating the regulations at 

50 CFR part 635 which reference 50 CFR 

part 622. This final rule implements 

only corrective, non-substantive 

changes and will not result in any 

change in fishing activity. It is solely 

administrative in nature. 

There is good cause under 5 U.S.C. 

553(d)(3) to waive the 30-day delay in 

effective date for this non-substantive 

rule. The basis for this waiver is the 

need to implement the action in a 

timely manner to correct outdated crossreferences to other regulations. Any 

delay in implementation would result in 

the continuation of incorrect crossreferences in the regulations at 50 CFR 

part 635. This would create confusion, 

for example, because the current 

regulation at § 635.21(a)(4)(i) incorrectly 

prohibits fishing for HMS, or anchoring 

a vessel, in an area that is closed 

seasonally to recreational fishing for 

shallow water grouper, rather than in 

the area originally identified as the 

Tortugas marine reserves HAPC, prior to 

reorganization of the regulations at 50 

CFR part 622 in September 2013. 

Similarly, the current regulation at 

§ 635.21(d)(1)(ii) prohibits HMSpermitted vessels with bottom longline 

gear on board from deploying any 

fishing gear year-round in areas 

incorrectly identified in a paragraph in 

50 CFR part 622, which does not 

describe any areas. 

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, 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 

under the Endangered Species Act, or 

marine mammals because the action 

will not result in any change or increase 

in fishing activity, and is solely 

administrative in nature. 

List of Subjects in 50 CFR Part 635 

Fisheries, Fishing, Fishing vessels. 

Dated: November 6, 2014. 

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 § 635.21, revise paragraphs 

(a)(4)(i) and (d)(1)(ii) to read as follows: 

§ 635.21 Gear operation and deployment 

restrictions. 

(a) * * * 

(4) * * * 

(i) No person may fish for, catch, 

possess, or retain any Atlantic highly 

migratory species or anchor a fishing 

vessel that has been issued a permit or 

is required to be permitted under this 

part, in the Tortugas marine reserves 

HAPC designated at § 622.74(c) of this 

chapter. 

* * * * * 

(d) * * * 

(1) * * * 

(ii) The areas designated at 

§ 622.435(a)(2)(i) through (iii) of this 

chapter, year-round; and 

* * * * * 

[FR Doc. 2014–26977 Filed 11–13–14; 8:45 am] 

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