[Federal Register Volume 80, Number 23 (Wednesday, February 4, 2015)]
[Rules and Regulations]
[Pages 5991-5992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01952]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 120328229-5064-03]
RIN 0648-BC09
Atlantic Highly Migratory Species; 2006 Consolidated Atlantic
Highly Migratory Species (HMS) Fishery Management Plan; Amendment 7;
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 action corrects a typographical error that appeared in
the final rule implementing Amendment 7 to the 2006 Consolidated
Atlantic Highly Migratory Species Fishery Management Plan (2006
Consolidated HMS FMP) that published in the Federal Register on
December 2, 2014 (79 FR 71510). Specifically, this rule corrects one of
the coordinates in the definition of the Cape Hatteras Gear Restricted
Area (GRA) to make the geographic area in the definition match the
geographic area analyzed and identified in all of the Amendment 7
documents.
DATES: This rule is effective February 4, 2015.
FOR FURTHER INFORMATION CONTACT: Thomas Warren or Brad McHale at 978-
281-9260.
SUPPLEMENTARY INFORMATION: NMFS implemented Amendment 7 to the 2006
Consolidated HMS FMP through a final rule that published on December 2,
2014 (79 FR 71510) and that was effective January 1, 2015, except for
Sec. 635.9(b)(2)(ii) and (e)(1), which are effective June 1, 2015; and
Sec. 635.15(b)(3), (4)(ii), and (5)(i), which are effective January 1,
2016. The December 2 final rule added regulatory text at Sec. 635.2 to
define, among other things, ``Cape Hatteras gear restricted area.'' In
that definition at Sec. 635.2, however, the sixth point of the
geographic boundaries of the restricted area was incorrectly listed as
``34[deg]30' N. lat., 74[deg]20' W. long.'' Instead, it should be
``35[deg]30' N. lat., 74[deg]20' W. long.'' Thus, NMFS corrects the
Cape Hatteras GRA definition at Sec. 635.2.
This correction does not make any substantive change to the
specific area presented and analyzed by NMFS in the Amendment 7 Final
Environmental Impact Statement (FEIS) issued in August 2014 and
included in permit holder letters and other outreach materials issued
in December 2014, which contained the details and/or images of the
correct area (i.e., the coordinates used in those materials were
correct). It only corrects an error in one of the coordinates published
in the regulatory text of the definitions section of the final rule (79
FR 71510, December 2, 2014).
This correction is necessary so that pelagic longline fishermen are
allowed to fish as intended by NMFS in preparing the FEIS and the final
rule, in the area outside the eastern and southern boundaries of the
Cape Hatteras GRA, as corrected, without being subject to the
regulations that would apply within the GRA.
Classification
The Assistant Administrator (AA) for Fisheries, NOAA, finds that
pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment would be impracticable and contrary to the public interest.
This document corrects the definition of the Cape Hatteras GRA by
specifically correcting one of the coordinates that was incorrect in
the December 2, 2014 final rule. The regulations regarding fishing in
the Cape Hatteras GRA were effective January 1, 2015. This correction
must be implemented in a timely manner so that pelagic longline
fishermen are allowed to fish as intended by NMFS in preparing the FEIS
and final rule, in the area outside the eastern and southern boundaries
of the Cape Hatteras GRA, as corrected, without being subject to the
regulations that would apply within the GRA. Implementation as defined
in the current version of the regulations could result in unnecessarily
restricting fishing in areas not intended to be gear restricted.
The correct coordinates in the final rule have previously been
subject to notice and comment procedures through their inclusion in all
of the relevant rulemaking documents and related analytical documents.
The correction in this action does not make any substantive change to
the requirements in the final rule. It only corrects the error in the
implementing regulatory text. In addition, NMFS believes it is
important for the public to have the correct information as soon as
possible and finds no reason to delay its dissemination. Further delay
would be contrary to the public interest, since the intended
restrictions are not properly defined and, as a result, fishing could
be unnecessarily restricted. This could have unintended economic
consequences and unintended effects on fishing behavior.
For the reasons stated above, NMFS finds both notice and comment
and the 30-day delay in effectiveness to be unnecessary pursuant to 5
U.S.C. 553(b)(B) and 5 U.S.C. 553(d), respectively. Therefore, NMFS
finds good cause to waive notice and comment procedures and the 30-day
delay in effective date for this correcting amendment.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties,
[[Page 5992]]
Reporting and recordkeeping requirements, Treaties.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 635 is
corrected by making the following correcting amendments:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
0
1. The authority citation for part 635 continues to read as follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
0
2. In Sec. 635.2, revise the definition of ``Cape Hatteras gear
restricted area'' to read as follows:
Sec. 635.2 Definitions.
* * * * *
Cape Hatteras gear restricted area means the area within the
Atlantic Ocean bounded by straight lines connecting the following
coordinates in the order stated: 34[deg]50' N. lat., 75[deg]10' W.
long.; 35[deg]40' N. lat., 75[deg]10' W. long.; 35[deg]40' N. lat.,
75[deg]00' W. long.; 37[deg]10' N. lat., 75[deg]00' W. long.;
37[deg]10' N. lat., 74[deg]20' W. long.; 35[deg]30' N. lat., 74[deg]20'
W. long.; 34[deg]50' N. lat., 75[deg]00' W. long.; 34[deg]50' N. lat.,
75[deg]10' W. long.
* * * * *
[FR Doc. 2015-01952 Filed 1-29-15; 11:15 am]
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