Pacific Halibut Fisheries; Guideline Harvest Levels for the Guided Recreational Halibut Fishery; Correction, 38298 [E6-10556]

Download as PDF 38298 Federal Register / Vol. 71, No. 129 / Thursday, July 6, 2006 / Rules and Regulations DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 060215036–6178–02; I.D. 101501A] RIN 0648–AU30 Pacific Halibut Fisheries; Guideline Harvest Levels for the Guided Recreational Halibut Fishery; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correcting amendment. AGENCY: SUMMARY: This action corrects the regulatory text of a final rule published August 8, 2003, (FR Doc. 03–20285) that implemented the guideline harvest level (GHL) for the charter sport fishery for Pacific halibut in waters off Alaska. This action is necessary to correct a typographical error in regulations implementing the GHL. DATES: July 6, 2006. FOR FURTHER INFORMATION CONTACT: Jason Gasper, NMFS, 907–586–7228 or email at jason.gasper@noaa.gov. SUPPLEMENTARY INFORMATION: A final rule published August 8, 2003, (68 FR 47256) implemented guideline harvest level (GHL) measures for managing the harvest of Pacific halibut (Hippoglossus stenolepis) in the charter sport fishery in International Pacific Halibut Commission (Commission) management Area 2C and Area 3A in and off Alaska. This correcting amendment revises the regulation at 50 CFR 300.65(c)(2) to change the reference to Commission management from Area 3B to Area 3A. Paragraph (c)(2) is set out as paragraph (i)(2) in the August 8, 2003, rule and was redesignated as paragraph (c)(2) on April 1, 2005 (70 FR 16742). wwhite on PROD1PC61 with RULES Need for Correction Current text at § 300.65(c)(2) incorrectly indicates that the GHL will be established for Commission Area 3B. This regulation states that ‘‘NMFS will publish a notice in the Federal Register on an annual basis establishing the GHL for Area 2C and Area 3B for that Calendar year within 30 days of receiving information from the Commission which establishes the constant exploitation yield for that year.’’ This regulation is not consistent with § 300.65(c)(1), which provides for the annual determination of GHLs for VerDate Aug<31>2005 15:25 Jul 05, 2006 Jkt 208001 Area 2C and Area 3A based on the constant exploitation yield (CEY) for halibut in Area 2C and Area 3A. When the Commission establishes the annual CEY, § 300.65(c)(2) provides that NMFS must notify the public of the GHLs by publication of a notice in the Federal Register, presumably for Area 2C and Area 3A as prescribed in § 300.65(c)(1) rather than for Area 2C and Area 3B as currently stated in § 300.65(c)(2). The regulation also is not consistent with § 300.65(c)(3) which codifies procedures that NMFS takes if the GHL is exceeded in Area 2C and Area 3A. Therefore, the reference to Area 3B at § 300.65(c)(2) is not consistent with the Commission areas outlined in all other GHL regulations at § 300.65(c). In addition, the GHL was not intended to apply in Area 3B as it was described in the proposed rule (67 FR 3867, January 28, 2002), or in the preamble to the final rule implementing the GHL (68 FR 47256, August 8, 2003). Reference to Area 3B at § 300.65(c)(2) is a typographical mistake. This rule issues a correcting amendment to correct the typographical error at § 300.65(c)(2) to indicate Commission management Area 3A instead of Area 3B. Classification Pursuant to 5 U.S.C. 553(b)(3)(B), the Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment on this correcting amendment to the GHL regulations, as such procedures would be unnecessary. Notice and comment is unnecessary because this action makes a minor, non-substantive change correcting a Commission area in § 300.65(c)(2), which is itself a ministerial provision requiring NOAA to publish in the Federal Register notice to the public of the GHLs set for Areas 2C and 3A pursuant to § 300.65(c)(1). The rule does not make any substantive change in the rights and obligations of charter sport fishermen managed under the GHL halibut regulations. No aspect of this action is controversial and no change in operating practices in the fishery is required. Because this action makes only the minor, non-substantive changes to § 300.65(c)(2) described above, this rule is not subject to the 30day delay in effective date requirement of 5 U.S.C. 553(d). List of Subjects in 50 CFR Part 300 Administrative practice and procedure, Antarctica, Canada, Exports, Fish, Fisheries, Fishing, Imports, Indians, Labeling, Marine resources, Reporting and recordkeeping PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 requirements, Russian Federation, Transportation, Treaties, Wildlife. Dated: June 29, 2006. William T. Hogarth, Assistant Administrator for Fisheries, National Marine Fisheries Service. Accordingly, 50 CFR part 300 is corrected by making the following correcting amendment: I PART 300—INTERNATIONAL FISHERIES REGULATIONS Subpart E—Pacific Halibut Fisheries 1. The authority citation for 50 CFR part 300, subpart E, continues to read as follows: I Authority: 16 U.S.C. 773–773k. 2. In § 300.65, paragraph (c)(2) is revised to read as follows: I § 300.65 Catch sharing plan and domestic management measures in waters in and off Alaska. * * * * * (c) * * * (2) NMFS will publish a notice in the Federal Register on an annual basis establishing the GHL for Area 2C and Area 3A for that Calendar year within 30 days of receiving information from the Commission which establishes the constant exploitation yield for that year. * * * * * [FR Doc. E6–10556 Filed 7–5–06; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 680 [Docket No. 060404093–6177–02; I.D. 033106A] RIN 0648–AU24 Fisheries of the Exclusive Economic Zone Off Alaska; Allocating Bering Sea and Aleutian Islands King and Tanner Crab Fishery Resources National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: SUMMARY: NMFS issues a final rule implementing changes to the regulations for the Crab Rationalization Program. This action is necessary to correct two discrepancies in the scope of the sideboard protections for Gulf of Alaska (GOA) groundfish fisheries provided in a previous rulemaking. Specifically, this E:\FR\FM\06JYR1.SGM 06JYR1

Agencies

[Federal Register Volume 71, Number 129 (Thursday, July 6, 2006)]
[Rules and Regulations]
[Page 38298]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10556]



[[Page 38298]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 060215036-6178-02; I.D. 101501A]
RIN 0648-AU30


Pacific Halibut Fisheries; Guideline Harvest Levels for the 
Guided Recreational Halibut Fishery; Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; correcting amendment.

-----------------------------------------------------------------------

SUMMARY: This action corrects the regulatory text of a final rule 
published August 8, 2003, (FR Doc. 03-20285) that implemented the 
guideline harvest level (GHL) for the charter sport fishery for Pacific 
halibut in waters off Alaska. This action is necessary to correct a 
typographical error in regulations implementing the GHL.

DATES: July 6, 2006.

FOR FURTHER INFORMATION CONTACT: Jason Gasper, NMFS, 907-586-7228 or 
email at jason.gasper@noaa.gov.

SUPPLEMENTARY INFORMATION: A final rule published August 8, 2003, (68 
FR 47256) implemented guideline harvest level (GHL) measures for 
managing the harvest of Pacific halibut (Hippoglossus stenolepis) in 
the charter sport fishery in International Pacific Halibut Commission 
(Commission) management Area 2C and Area 3A in and off Alaska. This 
correcting amendment revises the regulation at 50 CFR 300.65(c)(2) to 
change the reference to Commission management from Area 3B to Area 3A. 
Paragraph (c)(2) is set out as paragraph (i)(2) in the August 8, 2003, 
rule and was redesignated as paragraph (c)(2) on April 1, 2005 (70 FR 
16742).

Need for Correction

    Current text at Sec.  300.65(c)(2) incorrectly indicates that the 
GHL will be established for Commission Area 3B. This regulation states 
that ``NMFS will publish a notice in the Federal Register on an annual 
basis establishing the GHL for Area 2C and Area 3B for that Calendar 
year within 30 days of receiving information from the Commission which 
establishes the constant exploitation yield for that year.'' This 
regulation is not consistent with Sec.  300.65(c)(1), which provides 
for the annual determination of GHLs for Area 2C and Area 3A based on 
the constant exploitation yield (CEY) for halibut in Area 2C and Area 
3A. When the Commission establishes the annual CEY, Sec.  300.65(c)(2) 
provides that NMFS must notify the public of the GHLs by publication of 
a notice in the Federal Register, presumably for Area 2C and Area 3A as 
prescribed in Sec.  300.65(c)(1) rather than for Area 2C and Area 3B as 
currently stated in Sec.  300.65(c)(2). The regulation also is not 
consistent with Sec.  300.65(c)(3) which codifies procedures that NMFS 
takes if the GHL is exceeded in Area 2C and Area 3A. Therefore, the 
reference to Area 3B at Sec.  300.65(c)(2) is not consistent with the 
Commission areas outlined in all other GHL regulations at Sec.  
300.65(c). In addition, the GHL was not intended to apply in Area 3B as 
it was described in the proposed rule (67 FR 3867, January 28, 2002), 
or in the preamble to the final rule implementing the GHL (68 FR 47256, 
August 8, 2003). Reference to Area 3B at Sec.  300.65(c)(2) is a 
typographical mistake. This rule issues a correcting amendment to 
correct the typographical error at Sec.  300.65(c)(2) to indicate 
Commission management Area 3A instead of Area 3B.

Classification

    Pursuant to 5 U.S.C. 553(b)(3)(B), the Assistant Administrator for 
Fisheries, NOAA (AA), finds good cause to waive the requirement to 
provide prior notice and opportunity for public comment on this 
correcting amendment to the GHL regulations, as such procedures would 
be unnecessary. Notice and comment is unnecessary because this action 
makes a minor, non-substantive change correcting a Commission area in 
Sec.  300.65(c)(2), which is itself a ministerial provision requiring 
NOAA to publish in the Federal Register notice to the public of the 
GHLs set for Areas 2C and 3A pursuant to Sec.  300.65(c)(1). The rule 
does not make any substantive change in the rights and obligations of 
charter sport fishermen managed under the GHL halibut regulations. No 
aspect of this action is controversial and no change in operating 
practices in the fishery is required. Because this action makes only 
the minor, non-substantive changes to Sec.  300.65(c)(2) described 
above, this rule is not subject to the 30-day delay in effective date 
requirement of 5 U.S.C. 553(d).

List of Subjects in 50 CFR Part 300

    Administrative practice and procedure, Antarctica, Canada, Exports, 
Fish, Fisheries, Fishing, Imports, Indians, Labeling, Marine resources, 
Reporting and recordkeeping requirements, Russian Federation, 
Transportation, Treaties, Wildlife.

    Dated: June 29, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

0
Accordingly, 50 CFR part 300 is corrected by making the following 
correcting amendment:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart E--Pacific Halibut Fisheries

0
1. The authority citation for 50 CFR part 300, subpart E, continues to 
read as follows:

    Authority: 16 U.S.C. 773-773k.

0
2. In Sec.  300.65, paragraph (c)(2) is revised to read as follows:


Sec.  300.65  Catch sharing plan and domestic management measures in 
waters in and off Alaska.

* * * * *
    (c) * * *
    (2) NMFS will publish a notice in the Federal Register on an annual 
basis establishing the GHL for Area 2C and Area 3A for that Calendar 
year within 30 days of receiving information from the Commission which 
establishes the constant exploitation yield for that year.
* * * * *
[FR Doc. E6-10556 Filed 7-5-06; 8:45 am]
BILLING CODE 3510-22-S

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