[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Rules and Regulations]
[Pages 54713-54715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22584]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 100804324-1496-05]
RIN 0648-BA01
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Biennial Specifications and
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: This document contains corrections to the final regulations
that were published on May 11, 2011. That final rule established the
2011-2012 harvest specifications and management measures for groundfish
taken in the U.S. exclusive economic zone (EEZ) off the coasts of
Washington, Oregon, and California. This action provides nine
corrections to the regulations, all of which are either mis-designated
paragraphs, transposed numbers, removal of text that was mistakenly
left in, or addition of text that was mistakenly left out.
DATES: Effective September 2, 2011.
FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew (Northwest Region,
NMFS), phone: 206-526-6147; fax: 206-526-6736 and; e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
On May 11, 2011, NMFS published a final rule (76 FR 27508) to
establish the 2011-2012 harvest specifications and management measures
for groundfish taken in the EEZ off the coasts of Washington, Oregon,
and California. NMFS accepted public comment on the proposed rule and
responded to these comments in the preamble to the final rule. Those
final regulations revised portions of 50 CFR 660, Subparts C through G,
and are the subject of this correcting amendment. These regulations
affect persons operating fisheries for groundfish species off the U.S.
West Coast. As published, the final regulations contain errors that may
mislead the public and need to be corrected. Additionally, there are
differences between the text of the final rule and current codified
regulations that resulted from incorrect amendatory instructions in the
final rule. This action implements a total of nine corrections to the
regulations, all of which are either mis-numbered paragraphs,
transposed numbers, removal of text that was mistakenly left in, or
addition of text that was mistakenly left out.
This action makes four corrections to coordinates in Sec. 660.72,
Sec. 660.73, and Sec. 660.74. The coordinates are expressed in
degrees latitude and longitude, and define large-scale boundaries
utilized in management of the groundfish fishery. These sections
contain lists of coordinates, expressed in degrees latitude and
longitude, which define large-scale boundaries for Rockfish
Conservation Areas off the Pacific coast. The first correction is to
reinstate paragraphs Sec. 660.72(f)(143)-(145), which were mistakenly
removed in the final rule as a result of incorrect amendatory language.
Because of this mistake, these paragraphs in the Code of Federal
Regulations (CFR) were ``reserved'' instead of being redesignated. This
correction will establish the appropriate coordinates in those
paragraphs that are currently ``reserved.'' Additionally, corrections
are needed to Sec. 660.72(j) and Sec. 660.73(d), where incorrect and
transposed coordinate numbers were listed in the final rule and need to
be corrected to define the intended boundary lines. Finally, a
correction is needed to Sec. 660.74(g) to publish the coordinates in
the correct order. The coordinates that published in the final rule
were the correct numbers, but were listed in the wrong order. All the
corrections made by this rule do not change the intent or application
of the geographic area described in the proposed and final rule.
This action also makes five corrections to Sec. 660.360, which
provides the regulations for the recreational fisheries in Washington
and California. This rule makes no corrections to the regulations for
the recreational fisheries in Oregon. Four of these five changes
reinstate regulatory language that was published in the final rule (76
FR 27508). The amendatory instructions as published in the proposed
rule (75 FR 67810) were correct and would have amended the codified
regulations as intended. However, due to an administrative error, the
final rule contained the incorrect amendatory instructions resulting in
the final rule either making changes that were incorrect or omitting
changes to the codified regulations. This final rule corrects these
errors. One correction revises Sec. 660.360(c)(1)(iv), which was
correctly redesignated in the final rule but was not appropriately
revised due to missing amendatory instructions; the correct text
published in the final rule on page 27560. Another correction is to
Sec. 660.360(c)(3)(ii)(B), this paragraph was not revised in the
codified regulations. The correct text was published in the final rule
on page 27562. Finally, text at Sec. 660.360(c)(3)(iii)(A)(1)-(5) was
not revised and paragraph (c)(3)(iii)(A)(6) was not removed. The
correct regulatory text was listed on page 27562 of the final rule;
however a mistake in the amendatory language resulted in the CFR not
being updated with the regulations as published in the final rule.
Another correction is to Sec. 660.360(c)(3)(i)(A)(5); this
paragraph was revised between the proposed and final rule, as described
in the preamble of the final rule in the ``Changes from the Proposed
Rule'' section; however the last line of the paragraph was mistakenly
left the same as the proposed rule. As published, the regulations in
this paragraph directly contradict the changes described in the
preamble of the proposed rule, as well as the regulations at Sec.
660.360(c)(3)(i)(B), and would be confusing to the public if it is not
corrected.
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 public comment for this
[[Page 54714]]
action because notice and comment would be unnecessary, impracticable,
and contrary to the public interest. Notice and comment are
unnecessary, impracticable, and contrary to the public interest because
this action simply makes the text of the codified regulations
consistent with the text in the final rule, and makes corrections to
accurately reflect the intent of the final rule. This correction
eliminates inconsistencies between the regulatory text contained in the
final rule and the codified regulations, 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 boundaries used for groundfish fisheries
management, which will cause confusion and will be inconsistent with
the intent of the final rule. Similarly, the corrections to the
recreational fishery regulations merely implement the intended language
as contained and described in the final rule, and will eliminate any
confusion caused by the discrepancy. No aspect of this action is
controversial and no change in operating practices in the fishery is
required from those intended in the final rule.
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 boundaries used to manage the groundfish fishery and
incorrect information about recreational regulations off the coasts of
Washington and California, which will cause confusion and would be
inconsistent with the final rule.
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 has been determined to be not significant for
purposes of Executive Order 12866.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: August 29, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For reasons set out in the preamble, 50 CFR part 660 is amended by
making the following correcting amendments:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
U.S.C. 7001 et seq.
0
2. In Sec. 660.72 paragraphs (f)(143) through (f)(145) are added and
paragraph (j)(17) is revised to read as follows:
Sec. 660.72 Latitude/longitude coordinates defining the 50 fm (91 m)
through 75 fm (137 m) depth contours.
* * * * *
(f) * * *
(143) 36[deg]10.42' N. lat., 121[deg]42.90' W. long.;
(144) 36[deg]02.55' N. lat., 121[deg]36.35' W. long.;
(145) 36[deg]01.09' N. lat., 121[deg]36.41' W. long.;
* * * * *
(j) * * *
(17) 48[deg]10.00' N. lat., 124[deg]57.54' W. long;
* * * * *
0
3. In Sec. 660.73 paragraphs (d)(136) through (d)(137) are revised to
read as follows:
Sec. 660.73 Latitude/longitude coordinates defining the 100 fm (183
m) through 150 fm (274 m) depth contours.
* * * * *
(d) * * *
(136) 43[deg]55.73' N. lat., 124[deg]55.41' W. long.;
(137) 43[deg]54.74' N. lat., 124[deg]53.15' W. long.;
* * * * *
0
4. In Sec. 660.74 paragraphs (g)(137) through (g)(139) are revised to
read as follows:
Sec. 660.74 Latitude/longitude coordinates defining the 180 fm (329
m) through 250 fm (457 m) depth contours.
* * * * *
(g) * * *
(137) 40[deg]16.94' N. lat., 124[deg]32.00' W. long.;
(138) 40[deg]17.58' N. lat., 124[deg]45.30' W. long.;
(139) 40[deg]14.40' N. lat., 124[deg]35.82' W. long.;
* * * * *
0
5. In Sec. 660.360, paragraph (c)(3)(iii)(A)(6) is removed and
paragraphs (c)(1)(iv) introductory text, (c)(3)(i)(A)(5),
(c)(3)(ii)(B), and (c)(3)(iii)(A)(1) through (5), are revised to read
as follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(c) * * *
(1) * * *
(iv) Lingcod. In areas of the EEZ seaward of Washington that are
open to recreational groundfish fishing and when the recreational
season for lingcod is open, there is a bag limit of 2 lingcod per day.
The recreational fishing seasons and size limits for lingcod are as
follows:
* * * * *
(3) * * *
(i) * * *
(A) * * *
(5) South of 34[deg]27' N. lat. (Southern Management Area),
recreational fishing for all groundfish (except California scorpionfish
as specified below in this paragraph and in paragraph (c)(3)(v) of this
section and ``other flatfish'' as specified in paragraph (c)(3)(iv) of
this section) is prohibited seaward of a boundary line approximating
the 60 fm (110 m) depth contour from March 1 through December 31 along
the mainland coast and along islands and offshore seamounts, except in
the CCAs where fishing is prohibited seaward of the 20 fm (37 m) depth
contour when the fishing season is open (see paragraph (c)(3)(i)(B) of
this section). Recreational fishing for all groundfish (except
California scorpionfish and ``other flatfish'') is closed entirely from
January 1 through February 28 (i.e., prohibited seaward of the
shoreline). Recreational fishing for California scorpionfish south of
34[deg]27' N. lat. is prohibited seaward of a boundary line
approximating the 60 fm (110 m) depth contour from January 1 through
December 31, except in the CCAs where fishing is prohibited seaward of
the 20 fm (37 m) depth contour when the fishing season is open.
* * * * *
(ii) * * *
(B) Bag limits, hook limits. In times and areas when the
recreational season for the RCG Complex is open, there is a limit of 2
hooks and 1 line when fishing for the RCG complex and lingcod. The bag
limit is 10 RCG Complex fish per day coastwide. Retention of canary
rockfish, yelloweye rockfish, bronzespotted and cowcod is prohibited.
Within the 10 RCG Complex fish per day limit, no more than 2 may be
bocaccio, no more than 2 may be greenling (kelp and/or other
greenlings) and no more than 3 may be cabezon. Multi-day limits are
authorized by a valid permit issued by California and must not exceed
the daily limit multiplied by the number of days in the fishing trip.
* * * * *
(iii) * * *
[[Page 54715]]
(A) * * *
(1) Between 42[deg] N. lat. (California/Oregon border) and
40[deg]10.00' N. lat. (Northern Management Area), recreational fishing
for lingcod is open from May 14, 2011 through October 31, 2011 (i.e.
it's closed from January 1 through May 13 and from November 1 through
December 31 in 2011) and from May 12, 2012 through October 31, 2012
(i.e. it's closed from January 1 through May 11 and from November 1
through December 31 in 2012).
(2) Between 40[deg]10' N. lat. and 38[deg]57.50' N. lat. (Mendocino
Management Area), recreational fishing for lingcod is open from May 14,
2011 through August 15, 2011 (i.e. it's closed from January 1 through
May 13 and August 16 through December 31 in 2011) and from May 12, 2012
through August 15, 2012 (i.e. it's closed from January 1 through May 11
and August 16 through December 31 in 2012).
(3) Between 38[deg]57.50' N. lat. and 37[deg]11' N. lat. (San
Francisco Management Area), recreational fishing for lingcod is open
from June 1 through December 31 (i.e. it's closed from January 1
through May 31).
(4) Between 37[deg]11' N. lat. and 34[deg]27' N. lat. (Central
Management Area), recreational fishing for lingcod is open from May 1
through December 31 (i.e. it's closed from January 1 through April 30).
(5) South of 34[deg]27' N. lat. (Southern Management Area),
recreational fishing for lingcod is open from March 1 through December
31 (i.e. it's closed from January 1 through February 28).
* * * * *
[FR Doc. 2011-22584 Filed 9-1-11; 8:45 am]
BILLING CODE 3510-22-P