[Federal Register Volume 76, Number 109 (Tuesday, June 7, 2011)]
[Rules and Regulations]
[Pages 32876-32877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13975]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 110223162-1295-02]
RIN 0648-XA184
Fisheries Off West Coast States; West Coast Salmon Fisheries;
2011 Management Measures; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
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SUMMARY: NMFS established fishery management measures for the 2011
ocean salmon fisheries off Washington, Oregon, and California and the
2012 salmon seasons opening earlier than May 1, 2012. The final rule
published on May 4, 2011, included an incorrect area description for
minimum size requirements for the commercial salmon fishery. This
action corrects the incorrect language.
DATES: Effective June 7, 2011.
FOR FURTHER INFORMATION CONTACT: Peggy Busby at 206-526-4323.
SUPPLEMENTARY INFORMATION: A final rule published May 4, 2011 (76 FR
25246), describes annual management measures for managing the harvest
of salmon in the area managed by the Pacific Fishery Management Council
(Council). This correcting amendment revises a table in that rule to
make it consistent with the text of the rule and the Council's
recommendations.
Need for Correction
In the final rule regarding 2011 salmon management measures (76 FR
25246, May 4, 2011), Section 1, part B on page 25251 consists of a
table of Minimum Size for salmon caught in the commercial fishery.
There are two errors in this table, rendering it inconsistent with the
rule text and the Council's recommendations for the 2011 salmon
management measures, as adopted at their April 2011 meeting. The
corresponding text describing the fishing area and geographic
boundaries in Section 1, part A, is correct as published on May 4, and
is consistent with the Council's recommendations for the 2011
management measures for the salmon fishery. In the table, the area
listed as ``Cape Falcon to Horse Mt.'' is corrected to read ``Cape
Falcon to OR/CA Border.'' The area listed as ``Horse Mt. to US-Mexico
Border'' is corrected to read ``OR/CA Border to U.S./Mexico Border.''
The table here replaces the table in 76 FR 25246, Section 1:
B. Minimum Size (Inches) (See C.1)
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Chinook Coho
Area (when open) -------------------------------------------------------------------- Pink
Total length Head-off Total length Head-off
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North of Cape Falcon, OR..... 28.0 21.5 16.0 12.0 None.
Cape Falcon to OR/CA Border.. 28.0 21.5 ............... ............... None.
OR/CA Border to U.S./Mexico 27.0 20.5 ............... ............... None.
Border.
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Metric equivalents: 28.0 in = 71.1 cm, 27.0 in = 68.6 cm, 21.5 in = 54.6 cm, 20.5 in = 52.1 cm, 16.0in = 40.6
cm, and 12.0 in = 30.5 cm.
[[Page 32877]]
Classification
The Assistant Administrator for Fisheries, NOAA (AA) finds good
cause under 5 U.S.C. 553(b)(B), to waive the requirement for prior
notice and opportunity for additional public comment for this action as
notice and comment would be unnecessary and contrary to the public
interest. Notice and comment are unnecessary and contrary to the public
interest because this action simply makes the above-referenced table
consistent with the text in the original final rule and the Council's
recommended action. This correction does not affect the results of
analyses conducted to support management decisions in the salmon
fishery nor change the total catch of salmon. The correction eliminates
an inconsistency between the table, and the text and the Council's
recommendation, and therefore eliminates any confusion that the
inconsistency might create for the public. If this rule is not
implemented immediately, the public will have incorrect information
regarding the geographic area and boundaries for the salmon fishery,
which will cause confusion and will be inconsistent with the Council's
recommendation and with the analytical documents for this rulemaking.
No aspect of this action is controversial and no change in operating
practices in the fishery is required.
For the same reasons, pursuant to 5 U.S.C. 553(d), the AA finds
good cause to waive the 30-day delay in effective date. If this rule is
not implemented immediately, the public will have incorrect information
regarding the geographic area and boundaries for the salmon fishery,
which will cause confusion and will be inconsistent with the Council's
recommendation and with the analytical documents for this rulemaking.
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.
This final rule is exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 773-773k; 1801 et seq.
Dated: May 31, 2011.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2011-13975 Filed 6-6-11; 8:45 am]
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