[Federal Register Volume 64, Number 211 (Tuesday, November 2, 1999)]
[Rules and Regulations]
[Pages 59125-59126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28480]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 990924262-9262-01; I.D. 091699A]
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Technical Amendment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; technical amendment.
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SUMMARY: This final rule, technical amendment, revises outdated
terminology, removes outdated provisions, and makes other minor changes
for clarity and consistency. The intended effect of this final rule is
to conform the regulatory language to current terms and to improve
readability and clarity of the regulations.
DATES: This rule is effective November 2, 1999.
FOR FURTHER INFORMATION CONTACT: Rodney C. Dalton, phone: 727-570-5325
or fax: 727-570-5583.
SUPPLEMENTARY INFORMATION: In 1996, the title of a NMFS Regional
Director was changed to ``Regional Administrator.'' This rule revises
50 CFR part 622 accordingly.
NMFS is replacing the term ``sunset'' with the term ``official
sunset'' where it appears in 50 CFR part 622 and is adding definitions
for the terms ``official sunrise'' and ``official sunset.'' ``Official
sunrise'' and ``official sunset'' are defined as the times for sunrise
and sunset as determined for the date and location in The Nautical
Almanac, prepared by the U.S. Naval Observatory. These definitions
conform with the historical usage of the terms ``sunset'' and
``sunrise.'' The Nautical Almanac is available from the Government
Printing Office and from commercial sources. In addition, times for any
specified date and location may be obtained via the Internet at http://
www.usno.navy.mil/.
For consistency with the paragraphing style in Sec. 622.4(a)(2), a
heading is added for paragraph (a)(2)(x).
The allowable harvest of wild live rock in the Gulf EEZ was
discontinued at the end of 1996. This final rule removes language
regarding permits, quotas, and trip limits for such harvest and at
Sec. 622.45(e) makes the prohibitions on harvest of wild live rock
uniform for both the Gulf and South Atlantic EEZ. Allowable harvest of
wild live rock was discontinued in the South Atlantic EEZ at the end of
1995.
Classification
This final rule has been determined to be not significant for
purposes of E.O. 12866.
Because this rule makes only nonsubstantive and technical changes
to existing regulations, no useful purpose would be served by providing
advance notice and opportunity for public comment. Accordingly, the
Assistant Administrator for Fisheries, NOAA, under 5 U.S.C. 553(b)(B),
finds for good cause that providing notice and opportunity for public
comment is unnecessary. Because the technical changes made by this rule
are nonsubstantive, they are not subject to a 30-day delay in effective
date under 5 U.S.C. 553(d).
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.
List of Subjects in 15 CFR Part 622
Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping
requirements, Virgin Islands.
Dated: October 22, 1999.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 622 is amended
as follows:
PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC
1. The authority citation for part 622 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 622.2, the definition of ``Regional Director (RD)'' is
removed and the definitions of ``Official sunrise or official sunset''
and ``Regional Administrator (RA)'' are added in alphabetical order to
read as follows:
Sec. 622.2 Definitions and acronyms.
* * * * *
Official sunrise or official sunset means the time of sunrise or
sunset as determined for the date and location in The Nautical Almanac,
prepared by the U.S. Naval Observatory.
* * * * *
Regional Administrator (RA), for the purposes of this part, means
the Administrator, Southeast Region,
[[Page 59126]]
NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702, or a
designee.
* * * * *
3. In Sec. 622.4, paragraph (a)(3)(vi) is removed; in paragraph
(a)(2)(ix), the reference to ``Sec. 622.44(e)(1) or (2)'' is removed
and ``Sec. 622.44(d)(1) or (2)'' is added in its place; in paragraph
(p)(1), the reference to ``Sec. 622.44(e)(1)'' is removed and
``Sec. 622.44(d)(1)'' is added in its place; in paragraph (p)(2), the
reference to ``Sec. 622.44(e)(2)'' is removed and ``Sec. 622.44(d)(2)''
is added in its place; a heading is added to paragraph (a)(2)(x) and
the first sentence of paragraph (c) is revised to read as follows:
Sec. 622.4 Permits and fees.
(a) * * *
(2) * * *
(x) South Atlantic golden crab. * * *
* * * * *
(c) * * * The owner or operator of a vessel with a permit, a person
with a coral permit, or a dealer with a permit must notify the RA
within 30 days after any change in the application information
specified in paragraph (b) of this section. * * *
* * * * *
Sec. 622.34 [Amended]
4. In Sec. 622.34, paragraph (k) is removed and reserved and in
paragraph (f) and in two places in paragraph (h)(1), ``sunset'' is
removed and ``official sunset'' is added in its place.
5. In Sec. 622.42, paragraph (b) is revised to read as follows:
Sec. 622.42 Quotas.
* * * * *
(b) Gulf and South Atlantic allowable octocoral. The quota for all
persons who harvest allowable octocoral in the EEZ of the Gulf and
South Atlantic is 50,000 colonies. A colony is a continuous group of
coral polyps forming a single unit.
* * * * *
6. In Sec. 622.43, paragraphs (a)(2) and (b)(2) are revised to read
as follows:
Sec. 622.43 Closures.
(a) * * *
(2) Gulf and South Atlantic allowable octocoral. Allowable
octocoral may not be harvested or possessed in the Gulf EEZ or South
Atlantic EEZ and the sale or purchase of allowable octocoral in or from
the Gulf EEZ or South Atlantic EEZ is prohibited.
* * * * *
(b) * * *
(2) The prohibition on sale/purchase during a closure for allowable
octocoral in paragraph (a)(2) of this section does not apply to
allowable octocoral that was harvested and landed ashore prior to the
effective date of the closure.
* * * * *
Sec. 622.44 [Amended]
7. In Sec. 622.44, paragraph (d) is removed and paragraphs (e) and
(f) are redesignated as paragraphs (d) and (e), respectively.
8. In Sec. 622.45, paragraph (e) is revised to read as follows:
Sec. 622.45 Restrictions on sale/purchase.
* * * * *
(e) Gulf and South Atlantic wild live rock. Wild live rock in or
from the Gulf EEZ or South Atlantic EEZ may not be sold or purchased.
The prohibition on sale or purchase does not apply to wild live rock
from the South Atlantic EEZ that was harvested and landed prior to
January 1, 1996, or to wild live rock from the Gulf EEZ that was
harvested and landed prior to January 1, 1997.
* * * * *
Secs. 622.4, 622.5, 622.6, 622.15, 622.17, 622.18, 622.34, 622.46, and
622.48 [Amended]
9. In addition to the amendments set forth above, the acronym
``RD'' or ``RD's'' is removed and the acronym ``RA'' or ``RA's'' is
added in its place in the following places:
(a) Section 622.4(b) introductory text (two occurrences), (d),
(e)(1), (e)(2) (two occurrences), (h) (three occurrences), (m)(5),
(m)(6), (n)(3)(iii), (n)(4), (n)(5), (o)(1), (p)(4), (p)(5)(ii)(C),
(p)(6)(i), (p)(6)(ii)(A), (p)(6)(ii)(B) (three occurrences),
(p)(6)(ii)(C) (seven occurrences), (q)(2) (two occurrences), (q)((7),
and (q)(8);
(b) Section 622.5(d)(2) introductory text and (d)(3);
(c) Section 622.6(a)(1)(ii) introductory text, (b)(1)(i)(B) (two
occurrences), (b)(1)(ii)(B), and (b)(1)(iii);
(d) Section 622.15(a)(1), (a)(2) (four occurrences), (b) (four
occurrences), (c)(1) (two occurrences), and (c)(2);
(e) Section 622.17(b)(2), (c)(1), and (c)(2);
(f) Section 622.18(d)(1) (two occurrences), (d)(2)(iv) (two
occurrences), (d)(3)(i), (d)(3)(ii), (d)(4)(i) (three occurrences),
(d)(4)(ii) (two occurrences), (d)(4)(iii), (d)(4)(iv), (d)(4)(v) (four
occurrences), (e) introductory text, (e)(1)(i), (e)(1)(iii), (e)(2),
(f), (g)(1)(i), (g)(1)(ii), (g)(2) (three occurrences), (g)(3)(i),
(g)(3)(ii), (g)(3)(iii) (two occurrences), (g)(4)(i) (two occurrences),
(g)(4)(iii), and (g)(5)(i);
(g) Section 622.34(h)(2);
(h) Section 622.41(g)(3)(i) (two occurrences), (h)(3)(i)(A) (two
occurrences), (h)(3)(i)(B) (four occurrences), and (h)(3)(ii) (three
occurrences);
(i) Section 622.46(b) and (c) (two occurrences); and
(j) Section 622.48 introductory text and (g).
[FR Doc. 99-28480 Filed 11-1-99; 8:45 am]
BILLING CODE 3510-22-F
