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]
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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
