Pacific Halibut Fisheries; Bering Sea and Aleutian Islands King and Tanner Crab Fisheries; Groundfish Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program; Western Alaska Community Development Quota Program; Recordkeeping and Reporting; Permits; Correction, 1631-1633 [E9-489]

Download as PDF Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Rules and Regulations Point North lat. West long. D 33°15.75′ 77°00.0′ A 33°25′ 77°04.75′ North lat. West long. A 32°04′ 79°12′ B 32°08.5′ 79°07.5′ C 32°06′ 79°05′ D 32°01.5′ 79°09.3′ A 32°04′ 79°12′ (v) Georgia MPA is bounded by rhumb lines connecting, in order, the following points: Point North lat. North lat. A (ii) Northern South Carolina MPA is bounded on the north by 32°53.5′ N. lat.; on the south by 32°48.5′ N. lat.; on the east by 78°04.75′ W. long.; and on the west by 78°16.75′ W. long. (iii) Edisto MPA is bounded on the north by 32°24′ N. lat.; on the south by 32°18.5′ N. lat.; on the east by 78°54.0′ W. long.; and on the west by 79°06.0′ W. long. (iv) Charleston Deep Artificial Reef MPA is bounded by rhumb lines connecting, in order, the following points: Point Point West long. 24°36.5′ West long. 80°45.5′ (2) For the purpose of paragraph (i)(1) of this section, transit means direct, non-stop progression through the MPA. Fishing gear appropriately stowed means— (i) A longline may be left on the drum if all gangions and hooks are disconnected and stowed below deck. Hooks cannot be baited. All buoys must be disconnected from the gear; however, buoys may remain on deck. (ii) A trawl or try net may remain on deck, but trawl doors must be disconnected from such net and must be secured. (iii) A gillnet, stab net, or trammel net must be left on the drum. Any additional such nets not attached to the drum must be stowed below deck. (iv) Terminal gear (i.e., hook, leader, sinker, flasher, or bait) used with an automatic reel, bandit gear, buoy gear, handline, or rod and reel must be disconnected and stowed separately from such fishing gear. A rod and reel must be removed from the rod holder and stowed securely on or below deck. (v) A crustacean trap, golden crab trap, or sea bass pot cannot be baited. All buoys must be disconnected from the gear; however, buoys may remain on deck. [FR Doc. E9–497 Filed 1–12–09; 8:45 am] A 31°43′ 79°31′ B 31°43′ 79°21′ C 31°34′ 79°29′ DEPARTMENT OF COMMERCE D 31°34′ 79°39′ A 31°43′ 79°31′ National Oceanic and Atmospheric Administration BILLING CODE 3510–22–S (vi) North Florida MPA is bounded on the north by 30°29’ N. lat.; on the south by 30°19’ N. lat.; on the east by 80°02’ W. long.; and on the west by 80°14’ W. long. (vii) St. Lucie Hump MPA is bounded on the north by 27°08’ N. lat.; on the south by 27°04’ N. lat.; on the east by 79°58’ W. long.; and on the west by 80°00’ W. long. (viii) East Hump MPA is bounded by rhumb lines connecting, in order, the following points: Point North lat. West long. A 24°36.5′ 80°45.5′ B 24°32′ 80°36′ C 24°27.5′ 80°38.5′ D 24°32.5′ 80°48′ VerDate Nov<24>2008 16:03 Jan 12, 2009 Jkt 217001 50 CFR Part 679 [Docket No. 080302360–7686–03] RIN 0648–AT91 Pacific Halibut Fisheries; Bering Sea and Aleutian Islands King and Tanner Crab Fisheries; Groundfish Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program; Western Alaska Community Development Quota Program; Recordkeeping and Reporting; Permits; Correction AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule, correction. SUMMARY: This action corrects the regulatory text of a final rule published on December 15, 2008 (73 FR 76136). PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 1631 Among its measures, the final rule will implement new recordkeeping and reporting requirements; a new electronic groundfish catch reporting system, the Interagency Electronic Reporting System, and its data entry component, eLandings. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) and other applicable law. DATES: Effective January 14, 2009. FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907–586–7228. SUPPLEMENTARY INFORMATION: Background NMFS manages the U.S. groundfish fisheries of the exclusive economic zone off Alaska under the Fishery Management Plan for Groundfish of the Gulf of Alaska and the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (collectively, FMPs). General provisions governing fishing by U.S. vessels in accordance with the FMPs appear at subpart H of 50 CFR part 600. Need for Corrections In FR Doc. E8–29625, published in the Federal Register on December 15, 2008 (73 FR 76136), the following errors occur in §§ 679.4 and 679.5. This document corrects those errors. NMFS is correcting the heading for the table in § 679.4(a)(1) by removing the phrase ‘‘If program permit or card type is:’’ and replacing it with ‘‘If program permit type is:’’. This correction is necessary because, as described in the supplemental proposed rule, NMFS no longer issues permit cards. Section 679.4(e)(2) was revised in the final rule, but NMFS inadvertently deleted the phrase ‘‘legible copy of’’ a permit and replaced it with ‘‘copy of’’ a permit. In a final rule published May 19, 2008 (73 FR 28733), NMFS no longer required an original permit onboard a vessel or onsite at a shoreside facility, but required a ‘‘legible copy’’ of a permit. However, NMFS inadvertently omitted the word ‘‘legible’’ in the supplemental proposed rule. Section 679.5(c)(1)(vi)(B)(3) is an intext table and describes the distribution of the yellow logsheet of the daily cumulative production logbooks (DCPLs). This correction removes check marks from the columns for catcher/ processor longline or pot gear, catcher/ processor trawl gear, and motherships that were mistakenly included in the supplemental proposed rule and the E:\FR\FM\13JAR1.SGM 13JAR1 1632 Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Rules and Regulations comment, as such procedures would be unnecessary and contrary to the public interest. The rule does not make any substantive change in the rights and obligations of fishermen managed under the groundfish regulations that NMFS intended to impose in the final rule. No aspect of this action is controversial and no change in operating practices in the fishery is required. 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., do not apply. Because this action only makes nonsubstantive changes to part 679 described above, this rule is not subject to the 30-day delay in effective date requirement of 5 U.S.C. 553(d). final rule. With the advent of eLandings, the quarterly submittal of the yellow logsheets is no longer required and NMFS did not intend to require these processors to submit the logsheet. By removing the checkmarks, this correction shows that these processors are not required to submit the yellow logsheets to NMFS, because these processors use eLandings to report production and discard/disposition data. Check-in and check-out requirements for catcher/processors, motherships, shoreside processors, and stationary floating processors are in regulations at § 679.5(h). Among other regulatory actions, the supplemental proposed and final rules reformatted check-in and check-out requirements from text to table format. The regulatory text for both check-in and check-out reports was combined. Paragraph (h)(4) describes requirements for both the check-in and check-out reports. Paragraph (h)(5) describes information that must be submitted in both the check-in and check-out reports. Paragraph (h)(5)(xiv) states to indicate either YES or NO if the report is a check-out report. NMFS unintentionally failed to include in the supplemental proposed and final rules a follow-up question to any ‘‘YES’’ response in paragraph (h)(5)(xiv) to record the date the facility ceased to receive or process groundfish. NMFS is correcting these unintended errors by adding a new paragraph (h)(5)(xv) to read ‘‘if YES, record the date the facility ceased to receive or process groundfish’’ and by placing requirements to record fish and fish products into a separate paragraph (h)(5)(xvi) to read ‘‘Indicate product weight of all fish or fish products (including non-groundfish) remaining at the facility (other than public cold storage) by species code and product code. Indicate if recorded to the nearest pound or to the nearest 0.001 mt.’’ Classification Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator of Fisheries finds good cause to waive prior notice and opportunity for public comment otherwise required by the section. NOAA finds that prior notice and opportunity for public comment are unnecessary because the changes made by this rule are non-substantive. It was not the intention under the final rule to replace language NMFS intended to retain or to impose requirements that are incorrect. The need to immediately correct published in-text tables for this regulation eliminates potential confusion and constitutes good cause to waive the requirement to provide prior notice and opportunity for public ■ If program permit type is: Permit is in effect from issue date through the end of: For more information, see . . . * * * § 679.4 * * * * * * [Corrected] § 679.5 (R&R). * Recordkeeping and reporting * * * § 679.4 Permits. * * (c) * * * (1) * * * (vi) * * * (B) * * * 2a. On page 76147, paragraph (c)(1)(vi)(B)(3) is corrected to read as follows: 1b. On page 76144, in the third column, paragraph (e)(2), correct the phrase ‘‘copy of’’ in the fourth line to read ‘‘legible copy of’’. Accordingly, the final rule, FR Doc. E8–29625, published on December 15, 2008, at 73 FR 76136, to be effective January 14, 2009, is corrected as follows: ■ 1a. On page 76143, in paragraph (a)(1), correct the entry for the table heading to read as follows: * ■ ■ Corrections * LOGSHEET DISTRIBUTION AND SUBMITTAL If logsheet color is . . . * (3) Yellow .............. * VerDate Nov<24>2008 Logsheet found in these logbooks Submit to . . . CV lgl CV trw CP lgl CP trw X ............ * ............ ............ * X * 16:03 Jan 12, 2009 Time limit * * Must submit quarterly to: NOAA Fisheries Office for Law Enforcement Alaska Region Logbook Program, P.O. Box 21767, Juneau, AK 99802– 1767 Telephone: 907–586– 7225. * * On the following schedule: 1st quarter by May 1 of that fishing year. 2nd quarter by August 1 of that fishing year. 3rd quarter by November 1 of that fishing year. 4th quarter by February 1 of the following fishing year. MS * Jkt 217001 PO 00000 * Frm 00046 Fmt 4700 * Sfmt 4700 E:\FR\FM\13JAR1.SGM * 13JAR1 * 1633 Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Rules and Regulations * * * * * 2b. On page 76164, paragraphs (h)(5)(xv) is corrected and paragraph (h)(5)(xvi) is added to read as follows: ■ § 679.5 (R&R). * Recordkeeping and reporting * * (h) * * * * (5) * * * * Check-in report Required information Check-out report MS * * * * (xv) If YES, enter date facility ceased to receive or process groundfish ......................... (xvi) Indicate product weight of all fish or fish products (including non groundfish) remaining at the facility (other than public cold storage) by species code and product code. Indicate if recorded to the nearest pound or to the nearest 0.001 mt. * * * * C/P SS, SFP MS C/P SS, SFP * ............ ............ * ............ ............ * ............ X ............ ............ X ............ ............ X Dated: January 8, 2009. Samuel D. Rauch III, Deputy Assistant Administrator, for Regulatory Programs, National Marine Fisheries Service. [FR Doc. E9–489 Filed 1–12–09; 8:45 am] * BILLING CODE 3510–22–P VerDate Nov<24>2008 16:03 Jan 12, 2009 Jkt 217001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\13JAR1.SGM 13JAR1

Agencies

[Federal Register Volume 74, Number 8 (Tuesday, January 13, 2009)]
[Rules and Regulations]
[Pages 1631-1633]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-489]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 080302360-7686-03]
RIN 0648-AT91


Pacific Halibut Fisheries; Bering Sea and Aleutian Islands King 
and Tanner Crab Fisheries; Groundfish Fisheries of the Exclusive 
Economic Zone Off Alaska; Individual Fishing Quota Program; Western 
Alaska Community Development Quota Program; Recordkeeping and 
Reporting; Permits; Correction

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

ACTION: Final rule, correction.

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

SUMMARY: This action corrects the regulatory text of a final rule 
published on December 15, 2008 (73 FR 76136). Among its measures, the 
final rule will implement new recordkeeping and reporting requirements; 
a new electronic groundfish catch reporting system, the Interagency 
Electronic Reporting System, and its data entry component, eLandings. 
This action is intended to promote the goals and objectives of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) and other applicable law.

DATES: Effective January 14, 2009.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    NMFS manages the U.S. groundfish fisheries of the exclusive 
economic zone off Alaska under the Fishery Management Plan for 
Groundfish of the Gulf of Alaska and the Fishery Management Plan for 
Groundfish of the Bering Sea and Aleutian Islands Management Area 
(collectively, FMPs). General provisions governing fishing by U.S. 
vessels in accordance with the FMPs appear at subpart H of 50 CFR part 
600.

Need for Corrections

    In FR Doc. E8-29625, published in the Federal Register on December 
15, 2008 (73 FR 76136), the following errors occur in Sec. Sec.  679.4 
and 679.5. This document corrects those errors.
    NMFS is correcting the heading for the table in Sec.  679.4(a)(1) 
by removing the phrase ``If program permit or card type is:'' and 
replacing it with ``If program permit type is:''. This correction is 
necessary because, as described in the supplemental proposed rule, NMFS 
no longer issues permit cards.
    Section 679.4(e)(2) was revised in the final rule, but NMFS 
inadvertently deleted the phrase ``legible copy of'' a permit and 
replaced it with ``copy of'' a permit. In a final rule published May 
19, 2008 (73 FR 28733), NMFS no longer required an original permit 
onboard a vessel or onsite at a shoreside facility, but required a 
``legible copy'' of a permit. However, NMFS inadvertently omitted the 
word ``legible'' in the supplemental proposed rule.
    Section 679.5(c)(1)(vi)(B)(3) is an in-text table and describes the 
distribution of the yellow logsheet of the daily cumulative production 
logbooks (DCPLs). This correction removes check marks from the columns 
for catcher/processor longline or pot gear, catcher/processor trawl 
gear, and motherships that were mistakenly included in the supplemental 
proposed rule and the

[[Page 1632]]

final rule. With the advent of eLandings, the quarterly submittal of 
the yellow logsheets is no longer required and NMFS did not intend to 
require these processors to submit the logsheet. By removing the 
checkmarks, this correction shows that these processors are not 
required to submit the yellow logsheets to NMFS, because these 
processors use eLandings to report production and discard/disposition 
data.
    Check-in and check-out requirements for catcher/processors, 
motherships, shoreside processors, and stationary floating processors 
are in regulations at Sec.  679.5(h). Among other regulatory actions, 
the supplemental proposed and final rules reformatted check-in and 
check-out requirements from text to table format. The regulatory text 
for both check-in and check-out reports was combined. Paragraph (h)(4) 
describes requirements for both the check-in and check-out reports. 
Paragraph (h)(5) describes information that must be submitted in both 
the check-in and check-out reports. Paragraph (h)(5)(xiv) states to 
indicate either YES or NO if the report is a check-out report. NMFS 
unintentionally failed to include in the supplemental proposed and 
final rules a follow-up question to any ``YES'' response in paragraph 
(h)(5)(xiv) to record the date the facility ceased to receive or 
process groundfish. NMFS is correcting these unintended errors by 
adding a new paragraph (h)(5)(xv) to read ``if YES, record the date the 
facility ceased to receive or process groundfish'' and by placing 
requirements to record fish and fish products into a separate paragraph 
(h)(5)(xvi) to read ``Indicate product weight of all fish or fish 
products (including non-groundfish) remaining at the facility (other 
than public cold storage) by species code and product code. Indicate if 
recorded to the nearest pound or to the nearest 0.001 mt.''

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator of 
Fisheries finds good cause to waive prior notice and opportunity for 
public comment otherwise required by the section. NOAA finds that prior 
notice and opportunity for public comment are unnecessary because the 
changes made by this rule are non-substantive. It was not the intention 
under the final rule to replace language NMFS intended to retain or to 
impose requirements that are incorrect. The need to immediately correct 
published in-text tables for this regulation eliminates potential 
confusion and constitutes good cause to waive the requirement to 
provide prior notice and opportunity for public comment, as such 
procedures would be unnecessary and contrary to the public interest.
    The rule does not make any substantive change in the rights and 
obligations of fishermen managed under the groundfish regulations that 
NMFS intended to impose in the final rule. No aspect of this action is 
controversial and no change in operating practices in the fishery is 
required.
    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., do not apply.
    Because this action only makes non-substantive changes to part 679 
described above, this rule is not subject to the 30-day delay in 
effective date requirement of 5 U.S.C. 553(d).

Corrections

0
Accordingly, the final rule, FR Doc. E8-29625, published on December 
15, 2008, at 73 FR 76136, to be effective January 14, 2009, is 
corrected as follows:
0
1a. On page 76143, in paragraph (a)(1), correct the entry for the table 
heading to read as follows:


Sec.  679.4  Permits.

------------------------------------------------------------------------
                                     Permit is in
                                   effect from issue       For more
   If program permit type is:      date through the   information, see .
                                        end of:               . .
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *


Sec.  679.4  [Corrected]

0
1b. On page 76144, in the third column, paragraph (e)(2), correct the 
phrase ``copy of'' in the fourth line to read ``legible copy of''.

0
2a. On page 76147, paragraph (c)(1)(vi)(B)(3) is corrected to read as 
follows:


Sec.  679.5  Recordkeeping and reporting (R&R).

* * * * *
    (c) * * *
    (1) * * *
    (vi) * * *
    (B) * * *

                                       Logsheet Distribution and Submittal
----------------------------------------------------------------------------------------------------------------
                                      Logsheet found in these logbooks
 If logsheet color is . . .  -------------------------------------------------- Submit to . . .     Time limit
                               CV lgl    CV trw    CP lgl    CP trw      MS
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(3) Yellow..................        X         X   ........  ........  ........  Must submit      On the
                                                                                 quarterly to:    following
                                                                                NOAA Fisheries    schedule:
                                                                                 Office for Law  1st quarter by
                                                                                 Enforcement      May 1 of that
                                                                                 Alaska Region    fishing year.
                                                                                 Logbook          2nd quarter by
                                                                                 Program, P.O.    August 1 of
                                                                                 Box 21767,       that fishing
                                                                                 Juneau, AK       year. 3rd
                                                                                 99802-1767       quarter by
                                                                                 Telephone: 907-  November 1 of
                                                                                 586-7225.        that fishing
                                                                                                  year. 4th
                                                                                                  quarter by
                                                                                                  February 1 of
                                                                                                  the following
                                                                                                  fishing year.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 1633]]

* * * * *

0
2b. On page 76164, paragraphs (h)(5)(xv) is corrected and paragraph 
(h)(5)(xvi) is added to read as follows:


Sec.  679.5  Recordkeeping and reporting (R&R).

* * * * *
    (h) * * *
    (5) * * *

----------------------------------------------------------------------------------------------------------------
                                                             Check-in report              Check-out report
                Required information                 -----------------------------------------------------------
                                                         MS        C/P     SS, SFP     MS        C/P     SS, SFP
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(xv) If YES, enter date facility ceased to receive    ........  ........  ........  ........  ........        X
 or process groundfish..............................
(xvi) Indicate product weight of all fish or fish     ........  ........        X   ........  ........        X
 products (including non groundfish) remaining at
 the facility (other than public cold storage) by
 species code and product code. Indicate if recorded
 to the nearest pound or to the nearest 0.001 mt.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: January 8, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator, for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. E9-489 Filed 1-12-09; 8:45 am]
BILLING CODE 3510-22-P