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Federal Register / Vol. 86, No. 148 / Thursday, August 5, 2021 / Rules and Regulations DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 635
Docket No. 2107300154
RIN 0648BK35

Atlantic Highly Migratory Species;
Federal Atlantic Tunas Regulations in Maine State Waters National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Final rule.
AGENCY:

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 9d 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 states 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 requirementsapplicable 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 3014278503.
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 9d of ATCA, 16 U.S.C. 971gd2,
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SUMMARY:

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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 9d of ATCA is implemented in the Atlantic HMS regulations at 50 CFR
635.1b. 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 635.1b, 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 States 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 States 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.

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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 Maines 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:
06480327 Atlantic HMS Permit Family of Forms, 06480328 Atlantic HMS

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