56136 Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Rules and Regulations

Dated: August 20, 2019. SUPPLEMENTARY INFORMATION: Atlantic Areas, the Billfish Conservation Act, as Margaret E. Everson, HMS are managed under the dual amended in 2018, prohibits any person Principal Deputy Director, U.S. Fish and authority of the Magnuson-Stevens from offering billfish or billfish products Wildlife Service, Exercising the Authority of Fishery Conservation and Management for sale, selling them, or having custody, the Director, U.S. Fish and Wildlife Service. Act, 16 U.S.C. 1801 et seq., (Magnuson- control, or possession of them for [FR Doc. 2019–22857 Filed 10–18–19; 8:45 am] Stevens Act) and the Atlantic Tunas purposes of offering them for sale. BILLING CODE 4333–15–P Convention Act, 16 U.S.C. 971 et seq., Therefore, any language in 50 CFR part (ATCA). On October 2, 2006, NMFS 635 referencing the Billfish COE is published in the Federal Register (71 obsolete. In order to be consistent with FR 58058) regulations implementing the DEPARTMENT OF COMMERCE Federal Register guidelines, this final 2006 Consolidated HMS FMP, which action removes the out of date definition National Oceanic and Atmospheric details the management measures for at § 635.2 and the language at Atlantic HMS fisheries; these Administration § 635.31(b)(2) and (3). This final action management measures have been also revises the language at amended or otherwise modified 50 CFR Part 635 numerous times. The implementing § 635.31(b)(1). [Docket No. 191011–0060] regulations for Atlantic HMS are at 50 Classification CFR part 635. The Assistant Administrator for RIN 0648–BJ29 Background Fisheries has determined that this final Atlantic Highly Migratory Species; The regulations at 50 CFR part 635 are rule is necessary for the conservation Removal of Billfish Certificate of promulgated under ATCA and the and management of U.S. fisheries and Eligibility Requirements Magnuson-Stevens Act for the that it is consistent with the Magnuson- conservation and management of Stevens Act, the 2006 Consolidated AGENCY: National Marine Fisheries Atlantic HMS, including species of Atlantic HMS FMP and its amendments, Service (NMFS), National Oceanic and tunas, billfish, sharks, and swordfish. ATCA, and other applicable law. Atmospheric Administration (NOAA), The sale of Atlantic billfish has been Commerce. prohibited by regulation since Pursuant to 5 U.S.C. 553(b)(B), there ACTION: Final rule. implementation of the 1988 Fishery is good cause to waive prior notice and Management Plan (FMP) for the Atlantic an opportunity for public comment on SUMMARY: This final rule removes Billfishes (53 FR 21501; June 8, 1988). this action, as notice and comment are obsolete language in the Atlantic highly The Billfish Conservation Act of 2012 unnecessary and contrary to the public migratory species (HMS) regulations prohibited any person from possessing interest. This action removes regulatory requiring that a Billfish Certificate of or offering billfish or billfish products text at 50 CFR part 635 for a Eligibility accompany certain product. for sale but included a limited exception requirement that became obsolete as a The requirement to possess a Billfish for Pacific billfish, with the result that result of a statutory change that took Certificate of Eligibility no longer Pacific billfish product could continue place in 2018. For this reason, there is applies because passage of 2018 to be sold throughout the United States. also good cause under 5 U.S.C. 553(d) amendments to the Billfish Thus, HMS regulations continued to to waive the 30-day delay in Conservation Act of 2012 prohibited the require that a Billfish Certificate of effectiveness. associated product sales. This Eligibility accompany any billfish This final rule has been determined to amendment removes a now-obsolete product sold to ensure that the product be not significant for purposes of requirement consistent with an already- did not come from the Atlantic Ocean. Executive Order 12866. effective statutory provision. As further In 2018, amendments to the Billfish discussed below, we anticipate finding Conservation Act of 2012, clarified that Because prior notice and opportunity good cause that notice is unnecessary billfish are only exempted from the for public comment are not required for and that it will not be necessary to sales prohibition when they are retained this rule by 5 U.S.C. 553, or any other provide an opportunity for public in Hawaii or the Pacific Insular Areas. law, and a proposed rule is not being comment. No aspect of this action is Accordingly, such billfish may only be published, the analytical requirements controversial. sold in the same location where landed of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable. DATES: This final rule is effective on or when legally transported to the other October 21, 2019. exempted location (i.e., from Hawaii to NMFS has determined that fishing the Pacific Insular Areas or vice versa). activities conducted pursuant to this ADDRESSES: Documents related to HMS The new prohibition became effective fisheries management, such as the 2006 rule will not affect endangered and/or when the legislation was signed into threatened species or critical habitat Consolidated Atlantic HMS Fishery law on August 2, 2018. Thus, the Management Plan (FMP) and its listed under the Endangered Species Billfish Certificate of Eligibility Act, or marine mammals protected by amendments, are available from the requirement in 50 CFR part 635 is no HMS Management Division website at the Marine Mammal Protection Act, longer necessary, and this final rule because the action only removes https://www.fisheries.noaa.gov/topic/ removes the requirement. atlantic-highly-migratory-species or obsolete regulatory text at 50 CFR part upon request from the HMS Corrections To Remove Billfish 635. Conservation Act of 2012 Language Management Division at 1315 East-West List of Subjects in 50 CFR Part 635 Highway, Silver Spring, MD 20910. Regulations at §§ 635.2 (definition of FOR FURTHER INFORMATION CONTACT: ‘‘Billfish Certificate of Eligibility (COE)’’ Fisheries, Fishing, Fishing vessels, Lauren Latchford by phone at 301–427– and 635.31(b)(2) and (3) are out of date. Foreign relations, Imports, Penalties, 8503 or Rick Pearson by phone at 727– Except for two specific exemptions that Reporting and recordkeeping 551–5742. apply to Hawaii and Pacific Insular requirements, Treaties.

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Dated: October 16, 2019. FOR FURTHER INFORMATION CONTACT: (KMZ) and is managed in two subareas, Samuel D. Rauch, III, Peggy Mundy at 206–526–4323. Oregon KMZ and California KMZ, Deputy Assistant Administrator for SUPPLEMENTARY INFORMATION: divided at the Oregon/California border. Regulatory Programs, National Marine The Oregon KMZ is the area from Fisheries Service. Background Humbug Mountain, OR, to the Oregon/ For the reasons set out in the In the 2019 annual management California border. The California KMZ is preamble, 50 CFR part 635 is amended measures for ocean salmon fisheries (84 the area from the Oregon/California as follows: FR 19729, May 6, 2019), NMFS border to Horse Mountain, CA. announced management measures for However, the area from Humboldt South PART 635—ATLANTIC HIGHLY the commercial and recreational Jetty, CA, to Horse Mountain, CA, has MIGRATORY SPECIES fisheries in the area from the U.S./ been closed to commercial salmon Canada border to the U.S./Mexico fishing since 1992. ■ 1. The authority citation for part 635 border, effective from 0001 hours Pacific continues to read as follows: Daylight Time (PDT), May 6, 2019, until Inseason Actions Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. the effective date of the 2020 Inseason Action #6 1801 et seq. management measures, as published in the Federal Register. NMFS is Description of the action: Inseason § 635.2 [Amended] authorized to implement inseason action #6 temporarily closed the commercial salmon fishery from the ■ 2. In § 635.2, remove the definition of management actions to modify fishing U.S./Canada border to Queets River, ‘‘Billfish Certificate of Eligibility seasons and quotas as necessary to WA. (COE).’’ provide fishing opportunity while meeting management objectives for the Effective dates: Inseason action #6 ■ 3. In 635.31, revise paragraph (b) to affected species (50 CFR 660.409). took effect on June 19, 2019, and read as follows. Inseason actions in the salmon fishery remained in effect until superseded by § 635.31 Restrictions on sale and may be taken directly by NMFS (50 CFR inseason action #8 on June 24, 2019. purchase. 660.409(a)—Fixed inseason Reason and authorization for the * * * * * management provisions) or upon action: The purpose of inseason action (b) Billfish. Persons may not sell or consultation with the Pacific Fishery #6 was to avoid exceeding the subarea purchase a billfish taken from its Management Council (Council) and the quota for Chinook salmon. The 2019 management unit. appropriate State Directors (50 CFR annual management measures (84 FR 660.409(b)—Flexible inseason * * * * * 19729, May 6, 2019) state that inseason management provisions). The state action will be considered when [FR Doc. 2019–22882 Filed 10–18–19; 8:45 am] management agencies that participated approximately 60 percent of the subarea BILLING CODE 3510–22–P in the consultations described in this guideline for the area from the U.S./ document were: California Department Canada border to Queets River, WA, has of Fish and Wildlife (CDFW), Oregon DEPARTMENT OF COMMERCE been landed. At the time of this Department of Fish and Wildlife inseason consultation, 75 percent of the (ODFW), and Washington Department of National Oceanic and Atmospheric subarea guideline had been landed. The Fish and Wildlife (WDFW). Administration Regional Administrator (RA) considered Management Areas Chinook salmon landings and fishery 50 CFR Part 660 Management of the salmon fisheries is effort and determined inseason action was necessary to stay within the quota. [Docket No. 180702602–9400–01] generally divided into two geographic areas: North of Cape Falcon (U.S./ Inseason action to modify fishing seasons is authorized by 50 CFR RIN 0648–XW007 Canada border to Cape Falcon, OR) and south of Cape Falcon (Cape Falcon, OR, 660.409(b)(1)(i). Fisheries Off West Coast States; to the U.S./Mexico border). Within the Consultation date and participants: Modifications of the West Coast north and south of Cape Falcon areas, Consultation on inseason action #6 Recreational and Commercial Salmon there are further subarea divisions used occurred on June 14, 2019. Fisheries; Inseason Actions #6 to manage impacts on salmon stocks or Representatives from NMFS, WDFW, Through #27 stock groups as well as economic and ODFW participated in this impacts to communities. consultation. Council staff were AGENCY: National Marine Fisheries North of Cape Falcon: Recreational unavailable to participate, but were Service (NMFS), National Oceanic and fisheries north of Cape Falcon are notified of the RA’s decision Atmospheric Administration (NOAA), divided into four subareas: U.S./Canada immediately after the consultation. Commerce. border to Cape Alava, WA (Neah Bay Inseason Action #7 ACTION: Modification of fishing seasons. subarea), Cape Alava, WA, to Queets River, WA (La Push subarea), Queets Description of the action: Inseason SUMMARY: NMFS announces 22 inseason River, WA, to Leadbetter Point, WA action #7 allowed retention of halibut actions in the ocean salmon fisheries. (Westport subarea), and Leadbetter caught incidental to the commercial These inseason actions modified the Point, WA, to Cape Falcon, OR salmon fishery by International Pacific commercial and recreational salmon (Columbia River subarea). Commercial Halibut Commission license holders to fisheries in the area from the U.S./ fisheries north of Cape Falcon are continue past June 30, 2019. Inseason Canada border to the U.S./Mexico divided at Queets River, WA, and action #7 also reduced the landing limit border. Leadbetter Point, WA. for incidental halibut from 35 halibut DATES: The effective dates for the South of Cape Falcon: South of Cape per vessel per trip to 15 halibut per inseason actions are set out in this Falcon, the area from Humbug vessel per trip; other landing restrictions document under the heading Inseason Mountain, OR, to Horse Mountain, CA, remained as set preseason. This Actions. is the Klamath Management Zone inseason action applied to commercial

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