[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Rules and Regulations]
[Pages 77942-77943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30227]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 140710571-4977-02]
RIN 0648-BE36
International Fisheries; Western and Central Pacific Fisheries
for Highly Migratory Species; Restrictions on the Use of Fish
Aggregating Devices in Purse Seine Fisheries for 2015; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correction.
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SUMMARY: NMFS published in the Federal Register of December 2, 2014,
with an effective date of January 1, 2015, a final rule to establish
restrictions on the use of fish aggregating devices (FADs) by U.S.
purse seine vessels in the western and central Pacific Ocean
(``International Fisheries; Western and Central Pacific Fisheries for
Highly Migratory Species; Restrictions on the Use of Fish Aggregating
Devices in Purse Seine Fisheries for 2015''). The final rule also
included a requirement for the owners and operators of such vessels to
submit ``daily FAD reports'' to NMFS. As indicated in the December 2,
2014, final rule, some of the FAD restrictions are to go into effect
only if NMFS publishes a notice in the Federal Register announcing that
they are in effect. NMFS intended to make the requirement to submit
daily FAD reports also contingent on issuance of a Federal Register
notice, but inadvertently wrote the final rule such that the reporting
requirement would go into effect on January 1, 2015, irrespective of
issuance by NMFS of a Federal Register notice. This document corrects
that error in the final rule by making the requirement to submit daily
FAD reports contingent on NMFS issuing a Federal Register notice
announcing that it is in effect.
DATES: Effective January 1, 2015.
FOR FURTHER INFORMATION CONTACT: Tom Graham, NMFS Pacific Islands
Regional Office, 808-725-5032.
SUPPLEMENTARY INFORMATION: NMFS published in the Federal Register of
December 2, 2014 (79 FR 71327), a final rule to establish restrictions
on the use of fish aggregating devices by U.S. purse seine vessels in
the western and central Pacific Ocean (WCPO) during 2015. Some of the
FAD restrictions in the final rule, specifically the FAD prohibitions
during January and February and the limit of 3,061 FAD sets with
associated prohibitions, were made contingent on NMFS issuing a
subsequent Federal Register notice announcing that those restrictions
are in effect. NMFS would issue such a Federal Register notice only if
it determined that the Commission for the Conservation and Management
of Highly Migratory Fish Stocks in the Western and Central Pacific
Ocean (Commission) adopted particular arrangements at its Eleventh
Regular Session, which took place December 1-5, 2014. The Commission
did not adopt such arrangements at that session.
The final rule also included a requirement for vessel owners and
operators to submit ``daily FAD reports'' to NMFS. The reports would be
used by NMFS to estimate and project the number of sets on FADs with
respect to the limit of 3,061 FAD sets. NMFS intended the daily FAD
reporting requirement to be effective only if the limit of 3,061 FAD
sets were put in effect. However, NMFS inadvertently wrote the final
rule such that the daily FAD report requirement would go into effect on
January 1, 2015, irrespective of the Commission decision or a
subsequent Federal Register notice. This document corrects that error
in the final rule by making the requirement to submit daily FAD reports
contingent on NMFS issuing a Federal Register notice announcing that
the reporting requirement is in effect.
Classification
This final rule has been determined to be not significant for the
purposes of Executive Order 12866.
NMFS has determined that good cause exists to waive public notice
and comment under 5 U.S.C. 553(b)(B) because it would be unnecessary
and contrary to the public interest. It is unnecessary and contrary to
the public interest because delaying this rule would only serve to
place an unwarranted burden on the regulated community. If this
correction to the final rule is not effective by January 1, 2015, then
owners and operators of U.S. purse seine vessels in the WCPO would
[[Page 77943]]
be required to submit daily reports to NMFS that would not serve any
useful purpose, which would be contrary to the public interest.
Further, NMFS has determined that good cause exists to waive the
30-day delay in effectiveness of this rule under 5 U.S.C. 553(d)
because, as explained previously, this rule relieves a reporting
requirement on the regulated community.
Because prior notice and opportunity for public comment for this
correction to the final rule under 5 U.S.C. 553 have been waived, and
are not required by any other law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq. are inapplicable.
Correction
Accordingly, the final rule, Federal Register Document Number 2014-
28105, published on December 2, 2014, at 79 FR 71327, to be effective
January 1, 2015, is corrected as follows:
On page 71330, in column 3, Sec. 300.218(g) is correctly added to
read as follows:
Sec. 300.218 Reporting and recordkeeping requirements.
* * * * *
(g) Daily FAD reports. If NMFS issues a notice in the Federal
Register announcing that the requirement of this paragraph is in
effect, the owner or operator of any fishing vessel of the United
States equipped with purse seine gear must, within 24 hours of the end
of each day that the vessel is at sea in the Convention Area, report to
NMFS, in the format and manner directed by the Pacific Islands Regional
Administrator, how many purse seine sets were made on FADs during that
day.
Dated: December 16, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2014-30227 Filed 12-24-14; 8:45 am]
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