Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Biennial Specifications and Management Measures; Correction, 54713-54715 [2011-22584]
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Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Rules and Regulations
amend part 17, subchapter B of chapter
I, title 50 of the Code of Federal
Regulations, as set forth below.
PART 17—[AMENDED]
1. The authority citation for part 17
continues to read as follows:
■
[Amended]
2. Amend § 17.11 by removing from
the table at paragraph (h) the entry for
‘‘Eagle, bald (Haliaeetus
leucocephalus)’’.
■
§ 17.41
[Amended]
3. Amend § 17.41 by removing and
reserving paragraph (a).
■
Dated: August 26, 2011.
Gregory E. Siekaniec,
Acting Director, U.S. Fish and Wildlife
Service.
[FR Doc. 2011–22600 Filed 9–1–11; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 100804324–1496–05]
RIN 0648–BA01
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Biennial Specifications and
Management Measures; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correcting
amendment.
AGENCY:
This document contains
corrections to the final regulations that
were published on May 11, 2011. That
final rule established the 2011–2012
harvest specifications and management
measures for groundfish taken in the
U.S. exclusive economic zone (EEZ) off
the coasts of Washington, Oregon, and
California. This action provides nine
corrections to the regulations, all of
which are either mis-designated
paragraphs, transposed numbers,
removal of text that was mistakenly left
in, or addition of text that was
mistakenly left out.
DATES: Effective September 2, 2011.
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SUMMARY:
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13:31 Sep 01, 2011
Jkt 223001
Gretchen Hanshew (Northwest Region,
NMFS), phone: 206–526–6147; fax: 206–
526–6736 and; e-mail: gretchen.
hanshew@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
Authority: 16 U.S.C. 1361–1407; 16 U.S.C.
1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–
625, 100 Stat. 3500; unless otherwise noted.
§ 17.11
FOR FURTHER INFORMATION CONTACT:
On May 11, 2011, NMFS published a
final rule (76 FR 27508) to establish the
2011–2012 harvest specifications and
management measures for groundfish
taken in the EEZ off the coasts of
Washington, Oregon, and California.
NMFS accepted public comment on the
proposed rule and responded to these
comments in the preamble to the final
rule. Those final regulations revised
portions of 50 CFR 660, Subparts C
through G, and are the subject of this
correcting amendment. These
regulations affect persons operating
fisheries for groundfish species off the
U.S. West Coast. As published, the final
regulations contain errors that may
mislead the public and need to be
corrected. Additionally, there are
differences between the text of the final
rule and current codified regulations
that resulted from incorrect amendatory
instructions in the final rule. This action
implements a total of nine corrections to
the regulations, all of which are either
mis-numbered paragraphs, transposed
numbers, removal of text that was
mistakenly left in, or addition of text
that was mistakenly left out.
This action makes four corrections to
coordinates in § 660.72, § 660.73, and
§ 660.74. The coordinates are expressed
in degrees latitude and longitude, and
define large-scale boundaries utilized in
management of the groundfish fishery.
These sections contain lists of
coordinates, expressed in degrees
latitude and longitude, which define
large-scale boundaries for Rockfish
Conservation Areas off the Pacific coast.
The first correction is to reinstate
paragraphs § 660.72(f)(143)–(145),
which were mistakenly removed in the
final rule as a result of incorrect
amendatory language. Because of this
mistake, these paragraphs in the Code of
Federal Regulations (CFR) were
‘‘reserved’’ instead of being
redesignated. This correction will
establish the appropriate coordinates in
those paragraphs that are currently
‘‘reserved.’’ Additionally, corrections
are needed to § 660.72(j) and
§ 660.73(d), where incorrect and
transposed coordinate numbers were
listed in the final rule and need to be
corrected to define the intended
boundary lines. Finally, a correction is
needed to § 660.74(g) to publish the
coordinates in the correct order. The
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54713
coordinates that published in the final
rule were the correct numbers, but were
listed in the wrong order. All the
corrections made by this rule do not
change the intent or application of the
geographic area described in the
proposed and final rule.
This action also makes five
corrections to § 660.360, which provides
the regulations for the recreational
fisheries in Washington and California.
This rule makes no corrections to the
regulations for the recreational fisheries
in Oregon. Four of these five changes
reinstate regulatory language that was
published in the final rule (76 FR
27508). The amendatory instructions as
published in the proposed rule (75 FR
67810) were correct and would have
amended the codified regulations as
intended. However, due to an
administrative error, the final rule
contained the incorrect amendatory
instructions resulting in the final rule
either making changes that were
incorrect or omitting changes to the
codified regulations. This final rule
corrects these errors. One correction
revises § 660.360(c)(1)(iv), which was
correctly redesignated in the final rule
but was not appropriately revised due to
missing amendatory instructions; the
correct text published in the final rule
on page 27560. Another correction is to
§ 660.360(c)(3)(ii)(B), this paragraph was
not revised in the codified regulations.
The correct text was published in the
final rule on page 27562. Finally, text at
§ 660.360(c)(3)(iii)(A)(1)–(5) was not
revised and paragraph (c)(3)(iii)(A)(6)
was not removed. The correct regulatory
text was listed on page 27562 of the
final rule; however a mistake in the
amendatory language resulted in the
CFR not being updated with the
regulations as published in the final
rule.
Another correction is to
§ 660.360(c)(3)(i)(A)(5); this paragraph
was revised between the proposed and
final rule, as described in the preamble
of the final rule in the ‘‘Changes from
the Proposed Rule’’ section; however
the last line of the paragraph was
mistakenly left the same as the proposed
rule. As published, the regulations in
this paragraph directly contradict the
changes described in the preamble of
the proposed rule, as well as the
regulations at § 660.360(c)(3)(i)(B), and
would be confusing to the public if it is
not corrected.
Classification
The Assistant Administrator for
Fisheries, NOAA (AA) finds good cause
under 5 U.S.C. 553(b)(B), to waive the
requirement for prior notice and
opportunity for public comment for this
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Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Rules and Regulations
action because notice and comment
would be unnecessary, impracticable,
and contrary to the public interest.
Notice and comment are unnecessary,
impracticable, and contrary to the
public interest because this action
simply makes the text of the codified
regulations consistent with the text in
the final rule, and makes corrections to
accurately reflect the intent of the final
rule. This correction eliminates
inconsistencies between the regulatory
text contained in the final rule and the
codified regulations, and therefore
eliminates any confusion that the
inconsistency might create for the
public. If this rule is not implemented
immediately, the public will have
incorrect information regarding
boundaries used for groundfish fisheries
management, which will cause
confusion and will be inconsistent with
the intent of the final rule. Similarly, the
corrections to the recreational fishery
regulations merely implement the
intended language as contained and
described in the final rule, and will
eliminate any confusion caused by the
discrepancy. No aspect of this action is
controversial and no change in
operating practices in the fishery is
required from those intended in the
final rule.
For the same reasons, pursuant to 5
U.S.C. 553(d), the AA finds good cause
to waive the 30-day delay in effective
date. If this rule is not implemented
immediately, the public will have
incorrect information regarding the
boundaries used to manage the
groundfish fishery and incorrect
information about recreational
regulations off the coasts of Washington
and California, which will cause
confusion and would be inconsistent
with the final rule.
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. are inapplicable.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
List of Subjects in 50 CFR Part 660
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Fisheries, Fishing, Indian fisheries.
Dated: August 29, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For reasons set out in the preamble,
50 CFR part 660 is amended by making
the following correcting amendments:
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13:31 Sep 01, 2011
Jkt 223001
PART 660—FISHERIES OFF WEST
COAST STATES
1. The authority citation for part 660
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
773 et seq., and 16 U.S.C. 7001 et seq.
2. In § 660.72 paragraphs (f)(143)
through (f)(145) are added and
paragraph (j)(17) is revised to read as
follows:
■
§ 660.72 Latitude/longitude coordinates
defining the 50 fm (91 m) through 75 fm
(137 m) depth contours.
*
*
*
*
*
(f) * * *
(143) 36°10.42′ N. lat., 121°42.90′ W.
long.;
(144) 36°02.55′ N. lat., 121°36.35′ W.
long.;
(145) 36°01.09′ N. lat., 121°36.41′ W.
long.;
*
*
*
*
*
(j) * * *
(17) 48°10.00′ N. lat., 124°57.54′ W.
long;
*
*
*
*
*
■ 3. In § 660.73 paragraphs (d)(136)
through (d)(137) are revised to read as
follows:
§ 660.73 Latitude/longitude coordinates
defining the 100 fm (183 m) through 150 fm
(274 m) depth contours.
*
*
*
*
*
(d) * * *
(136) 43°55.73′ N. lat., 124°55.41′ W.
long.;
(137) 43°54.74′ N. lat., 124°53.15′ W.
long.;
*
*
*
*
*
■ 4. In § 660.74 paragraphs (g)(137)
through (g)(139) are revised to read as
follows:
§ 660.74 Latitude/longitude coordinates
defining the 180 fm (329 m) through 250 fm
(457 m) depth contours.
*
*
*
*
*
(g) * * *
(137) 40°16.94′ N. lat., 124°32.00′ W.
long.;
(138) 40°17.58′ N. lat., 124°45.30′ W.
long.;
(139) 40°14.40′ N. lat., 124°35.82′ W.
long.;
*
*
*
*
*
■ 5. In § 660.360, paragraph
(c)(3)(iii)(A)(6) is removed and
paragraphs (c)(1)(iv) introductory text,
(c)(3)(i)(A)(5), (c)(3)(ii)(B), and
(c)(3)(iii)(A)(1) through (5), are revised
to read as follows:
§ 660.360 Recreational fishery—
management measures.
*
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*
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*
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(c) * * *
(1) * * *
(iv) Lingcod. In areas of the EEZ
seaward of Washington that are open to
recreational groundfish fishing and
when the recreational season for lingcod
is open, there is a bag limit of 2 lingcod
per day. The recreational fishing
seasons and size limits for lingcod are
as follows:
*
*
*
*
*
(3) * * *
(i) * * *
(A) * * *
(5) South of 34°27′ N. lat. (Southern
Management Area), recreational fishing
for all groundfish (except California
scorpionfish as specified below in this
paragraph and in paragraph (c)(3)(v) of
this section and ‘‘other flatfish’’ as
specified in paragraph (c)(3)(iv) of this
section) is prohibited seaward of a
boundary line approximating the 60 fm
(110 m) depth contour from March 1
through December 31 along the
mainland coast and along islands and
offshore seamounts, except in the CCAs
where fishing is prohibited seaward of
the 20 fm (37 m) depth contour when
the fishing season is open (see
paragraph (c)(3)(i)(B) of this section).
Recreational fishing for all groundfish
(except California scorpionfish and
‘‘other flatfish’’) is closed entirely from
January 1 through February 28 (i.e.,
prohibited seaward of the shoreline).
Recreational fishing for California
scorpionfish south of 34°27′ N. lat. is
prohibited seaward of a boundary line
approximating the 60 fm (110 m) depth
contour from January 1 through
December 31, except in the CCAs where
fishing is prohibited seaward of the 20
fm (37 m) depth contour when the
fishing season is open.
*
*
*
*
*
(ii) * * *
(B) Bag limits, hook limits. In times
and areas when the recreational season
for the RCG Complex is open, there is
a limit of 2 hooks and 1 line when
fishing for the RCG complex and
lingcod. The bag limit is 10 RCG
Complex fish per day coastwide.
Retention of canary rockfish, yelloweye
rockfish, bronzespotted and cowcod is
prohibited. Within the 10 RCG Complex
fish per day limit, no more than 2 may
be bocaccio, no more than 2 may be
greenling (kelp and/or other greenlings)
and no more than 3 may be cabezon.
Multi-day limits are authorized by a
valid permit issued by California and
must not exceed the daily limit
multiplied by the number of days in the
fishing trip.
*
*
*
*
*
(iii) * * *
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Federal Register / Vol. 76, No. 171 / Friday, September 2, 2011 / Rules and Regulations
(A) * * *
(1) Between 42° N. lat. (California/
Oregon border) and 40°10.00′ N. lat.
(Northern Management Area),
recreational fishing for lingcod is open
from May 14, 2011 through October 31,
2011 (i.e. it’s closed from January 1
through May 13 and from November 1
through December 31 in 2011) and from
May 12, 2012 through October 31, 2012
(i.e. it’s closed from January 1 through
May 11 and from November 1 through
December 31 in 2012).
(2) Between 40°10′ N. lat. and
38°57.50′ N. lat. (Mendocino
Management Area), recreational fishing
for lingcod is open from May 14, 2011
through August 15, 2011 (i.e. it’s closed
from January 1 through May 13 and
August 16 through December 31 in
2011) and from May 12, 2012 through
August 15, 2012 (i.e. it’s closed from
January 1 through May 11 and August
16 through December 31 in 2012).
(3) Between 38°57.50′ N. lat. and
37°11′ N. lat. (San Francisco
Management Area), recreational fishing
for lingcod is open from June 1 through
December 31 (i.e. it’s closed from
January 1 through May 31).
(4) Between 37°11′ N. lat. and 34°27′
N. lat. (Central Management Area),
recreational fishing for lingcod is open
from May 1 through December 31 (i.e.
it’s closed from January 1 through April
30).
(5) South of 34°27′ N. lat. (Southern
Management Area), recreational fishing
for lingcod is open from March 1
through December 31 (i.e. it’s closed
from January 1 through February 28).
*
*
*
*
*
[FR Doc. 2011–22584 Filed 9–1–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 110711384–1534–02]
RIN 0648–XA470
Western Pacific Bottomfish and
Seamount Groundfish Fisheries; 2011–
12 Main Hawaiian Islands Deep 7
Bottomfish Annual Catch Limits and
Accountability Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final specifications.
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AGENCY:
In this rule, NMFS specifies a
quota of 325,000 lb of Deep 7 bottomfish
SUMMARY:
VerDate Mar<15>2010
13:31 Sep 01, 2011
Jkt 223001
in the main Hawaiian Islands for the
2011–12 fishing year, based on an
annual catch limit of 346,000 lb. The
expected impact of this action is longterm sustainability of Hawaii
bottomfish.
The final specifications are
effective October 3, 2011.
ADDRESSES: Copies of the Fishery
Ecosystem Plan for the Hawaiian
Archipelago and associated
Environmental Impact Statement are
available from the Western Pacific
Fishery Management Council (Council),
1164 Bishop St., Suite 1400, Honolulu,
HI 96813, tel 808–522–8220, fax 808–
522–8226, or https://www.wpcouncil.org.
Copies of the environmental assessment
and finding of no significant impact for
this action are available from https://
www.regulations.gov, or Michael D.
Tosatto, Regional Administrator, NMFS
Pacific Islands Region (PIR), 1601
Kapiolani Blvd. 1110, Honolulu, HI
96814.
DATES:
FOR FURTHER INFORMATION CONTACT:
Jarad Makaiau, NMFS PIR Sustainable
Fisheries, 808–944–2108.
SUPPLEMENTARY INFORMATION: On August
3, 2011, NMFS published proposed
specifications that are finalized here,
and a request for public comments (76
FR 46719). Additional background
information on this action is found in
the preamble to the proposed
specifications, and is not repeated here.
Through this action, NMFS is
specifying a quota (annual catch target,
ACT) of 325,000 lb (147,418 kg) for
Deep 7 bottomfish in the main Hawaiian
Islands (MHI) for the 2011–12 fishing
year, based on an annual catch limit
(ACL) of 346,000 lb (156,943 kg). The
MHI Management Subarea is the portion
of U.S. Exclusive Economic Zone
around the Hawaiian Archipelago lying
to the east of 161°20′ W. longitude. The
Deep 7 bottomfish are onaga (Etelis
coruscans), ehu (E. carbunculus), gindai
(Pristipomoides zonatus), kalekale (P.
sieboldii), opakapaka (P. filamentosus),
lehi (Aphareus rutilans), and hapuupuu
(Epinephelus quernus). The Council
recommended the quota and ACL based
on the best available scientific,
commercial, and other information,
taking into account the associated risk
of overfishing.
The MHI bottomfish fishery reopens
on September 1, 2011. NMFS will
monitor the fishery, and if the quota is
projected to be reached before August
31, 2012, NMFS will close the noncommercial and commercial fisheries
for Deep 7 bottomfish in Federal waters
through August 31, 2012. During a
fishery closure for Deep 7 bottomfish,
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54715
no person may fish for, possess, or sell
any of these fish in the MHI, except as
otherwise authorized by law.
Specifically, fishing for, and the
resultant possession or sale of, Deep 7
bottomfish by vessels legally registered
to Pacific Remote Island Areas
bottomfish fishing permits, and
conducted in compliance with all laws
and regulations, are not affected by the
closure. There is no prohibition on
fishing for or selling other non-Deep 7
bottomfish species throughout the year.
All other management measures
continue to apply in the MHI bottomfish
fishery.
Comments and Responses
The comment period for the proposed
specifications ended on August 18,
2011. NMFS received no comments, and
so is adapting the specifications
unchanged from the proposal.
Changes From the Proposed
Specifications
There are no changes in the final
specifications.
Classification
The Regional Administrator, NMFS
PIR, determined that this action is
necessary for the conservation and
management of MHI bottomfish, and
that it is consistent with the MagnusonStevens Fishery Conservation and
Management Act and other applicable
laws.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed specification stage that
this action would not have a significant
economic impact on a substantial
number of small entities. The factual
basis for the certification was published
in the proposed specifications and is not
repeated here. No comments were
received regarding this certification. As
a result, a regulatory flexibility analysis
was not required, and none was
prepared.
This action is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 30, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2011–22591 Filed 9–1–11; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 76, Number 171 (Friday, September 2, 2011)]
[Rules and Regulations]
[Pages 54713-54715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22584]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 100804324-1496-05]
RIN 0648-BA01
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Biennial Specifications and
Management Measures; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to the final regulations
that were published on May 11, 2011. That final rule established the
2011-2012 harvest specifications and management measures for groundfish
taken in the U.S. exclusive economic zone (EEZ) off the coasts of
Washington, Oregon, and California. This action provides nine
corrections to the regulations, all of which are either mis-designated
paragraphs, transposed numbers, removal of text that was mistakenly
left in, or addition of text that was mistakenly left out.
DATES: Effective September 2, 2011.
FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew (Northwest Region,
NMFS), phone: 206-526-6147; fax: 206-526-6736 and; e-mail:
gretchen.hanshew@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
On May 11, 2011, NMFS published a final rule (76 FR 27508) to
establish the 2011-2012 harvest specifications and management measures
for groundfish taken in the EEZ off the coasts of Washington, Oregon,
and California. NMFS accepted public comment on the proposed rule and
responded to these comments in the preamble to the final rule. Those
final regulations revised portions of 50 CFR 660, Subparts C through G,
and are the subject of this correcting amendment. These regulations
affect persons operating fisheries for groundfish species off the U.S.
West Coast. As published, the final regulations contain errors that may
mislead the public and need to be corrected. Additionally, there are
differences between the text of the final rule and current codified
regulations that resulted from incorrect amendatory instructions in the
final rule. This action implements a total of nine corrections to the
regulations, all of which are either mis-numbered paragraphs,
transposed numbers, removal of text that was mistakenly left in, or
addition of text that was mistakenly left out.
This action makes four corrections to coordinates in Sec. 660.72,
Sec. 660.73, and Sec. 660.74. The coordinates are expressed in
degrees latitude and longitude, and define large-scale boundaries
utilized in management of the groundfish fishery. These sections
contain lists of coordinates, expressed in degrees latitude and
longitude, which define large-scale boundaries for Rockfish
Conservation Areas off the Pacific coast. The first correction is to
reinstate paragraphs Sec. 660.72(f)(143)-(145), which were mistakenly
removed in the final rule as a result of incorrect amendatory language.
Because of this mistake, these paragraphs in the Code of Federal
Regulations (CFR) were ``reserved'' instead of being redesignated. This
correction will establish the appropriate coordinates in those
paragraphs that are currently ``reserved.'' Additionally, corrections
are needed to Sec. 660.72(j) and Sec. 660.73(d), where incorrect and
transposed coordinate numbers were listed in the final rule and need to
be corrected to define the intended boundary lines. Finally, a
correction is needed to Sec. 660.74(g) to publish the coordinates in
the correct order. The coordinates that published in the final rule
were the correct numbers, but were listed in the wrong order. All the
corrections made by this rule do not change the intent or application
of the geographic area described in the proposed and final rule.
This action also makes five corrections to Sec. 660.360, which
provides the regulations for the recreational fisheries in Washington
and California. This rule makes no corrections to the regulations for
the recreational fisheries in Oregon. Four of these five changes
reinstate regulatory language that was published in the final rule (76
FR 27508). The amendatory instructions as published in the proposed
rule (75 FR 67810) were correct and would have amended the codified
regulations as intended. However, due to an administrative error, the
final rule contained the incorrect amendatory instructions resulting in
the final rule either making changes that were incorrect or omitting
changes to the codified regulations. This final rule corrects these
errors. One correction revises Sec. 660.360(c)(1)(iv), which was
correctly redesignated in the final rule but was not appropriately
revised due to missing amendatory instructions; the correct text
published in the final rule on page 27560. Another correction is to
Sec. 660.360(c)(3)(ii)(B), this paragraph was not revised in the
codified regulations. The correct text was published in the final rule
on page 27562. Finally, text at Sec. 660.360(c)(3)(iii)(A)(1)-(5) was
not revised and paragraph (c)(3)(iii)(A)(6) was not removed. The
correct regulatory text was listed on page 27562 of the final rule;
however a mistake in the amendatory language resulted in the CFR not
being updated with the regulations as published in the final rule.
Another correction is to Sec. 660.360(c)(3)(i)(A)(5); this
paragraph was revised between the proposed and final rule, as described
in the preamble of the final rule in the ``Changes from the Proposed
Rule'' section; however the last line of the paragraph was mistakenly
left the same as the proposed rule. As published, the regulations in
this paragraph directly contradict the changes described in the
preamble of the proposed rule, as well as the regulations at Sec.
660.360(c)(3)(i)(B), and would be confusing to the public if it is not
corrected.
Classification
The Assistant Administrator for Fisheries, NOAA (AA) finds good
cause under 5 U.S.C. 553(b)(B), to waive the requirement for prior
notice and opportunity for public comment for this
[[Page 54714]]
action because notice and comment would be unnecessary, impracticable,
and contrary to the public interest. Notice and comment are
unnecessary, impracticable, and contrary to the public interest because
this action simply makes the text of the codified regulations
consistent with the text in the final rule, and makes corrections to
accurately reflect the intent of the final rule. This correction
eliminates inconsistencies between the regulatory text contained in the
final rule and the codified regulations, and therefore eliminates any
confusion that the inconsistency might create for the public. If this
rule is not implemented immediately, the public will have incorrect
information regarding boundaries used for groundfish fisheries
management, which will cause confusion and will be inconsistent with
the intent of the final rule. Similarly, the corrections to the
recreational fishery regulations merely implement the intended language
as contained and described in the final rule, and will eliminate any
confusion caused by the discrepancy. No aspect of this action is
controversial and no change in operating practices in the fishery is
required from those intended in the final rule.
For the same reasons, pursuant to 5 U.S.C. 553(d), the AA finds
good cause to waive the 30-day delay in effective date. If this rule is
not implemented immediately, the public will have incorrect information
regarding the boundaries used to manage the groundfish fishery and
incorrect information about recreational regulations off the coasts of
Washington and California, which will cause confusion and would be
inconsistent with the final rule.
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. are inapplicable.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: August 29, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For reasons set out in the preamble, 50 CFR part 660 is amended by
making the following correcting amendments:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
U.S.C. 7001 et seq.
0
2. In Sec. 660.72 paragraphs (f)(143) through (f)(145) are added and
paragraph (j)(17) is revised to read as follows:
Sec. 660.72 Latitude/longitude coordinates defining the 50 fm (91 m)
through 75 fm (137 m) depth contours.
* * * * *
(f) * * *
(143) 36[deg]10.42' N. lat., 121[deg]42.90' W. long.;
(144) 36[deg]02.55' N. lat., 121[deg]36.35' W. long.;
(145) 36[deg]01.09' N. lat., 121[deg]36.41' W. long.;
* * * * *
(j) * * *
(17) 48[deg]10.00' N. lat., 124[deg]57.54' W. long;
* * * * *
0
3. In Sec. 660.73 paragraphs (d)(136) through (d)(137) are revised to
read as follows:
Sec. 660.73 Latitude/longitude coordinates defining the 100 fm (183
m) through 150 fm (274 m) depth contours.
* * * * *
(d) * * *
(136) 43[deg]55.73' N. lat., 124[deg]55.41' W. long.;
(137) 43[deg]54.74' N. lat., 124[deg]53.15' W. long.;
* * * * *
0
4. In Sec. 660.74 paragraphs (g)(137) through (g)(139) are revised to
read as follows:
Sec. 660.74 Latitude/longitude coordinates defining the 180 fm (329
m) through 250 fm (457 m) depth contours.
* * * * *
(g) * * *
(137) 40[deg]16.94' N. lat., 124[deg]32.00' W. long.;
(138) 40[deg]17.58' N. lat., 124[deg]45.30' W. long.;
(139) 40[deg]14.40' N. lat., 124[deg]35.82' W. long.;
* * * * *
0
5. In Sec. 660.360, paragraph (c)(3)(iii)(A)(6) is removed and
paragraphs (c)(1)(iv) introductory text, (c)(3)(i)(A)(5),
(c)(3)(ii)(B), and (c)(3)(iii)(A)(1) through (5), are revised to read
as follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(c) * * *
(1) * * *
(iv) Lingcod. In areas of the EEZ seaward of Washington that are
open to recreational groundfish fishing and when the recreational
season for lingcod is open, there is a bag limit of 2 lingcod per day.
The recreational fishing seasons and size limits for lingcod are as
follows:
* * * * *
(3) * * *
(i) * * *
(A) * * *
(5) South of 34[deg]27' N. lat. (Southern Management Area),
recreational fishing for all groundfish (except California scorpionfish
as specified below in this paragraph and in paragraph (c)(3)(v) of this
section and ``other flatfish'' as specified in paragraph (c)(3)(iv) of
this section) is prohibited seaward of a boundary line approximating
the 60 fm (110 m) depth contour from March 1 through December 31 along
the mainland coast and along islands and offshore seamounts, except in
the CCAs where fishing is prohibited seaward of the 20 fm (37 m) depth
contour when the fishing season is open (see paragraph (c)(3)(i)(B) of
this section). Recreational fishing for all groundfish (except
California scorpionfish and ``other flatfish'') is closed entirely from
January 1 through February 28 (i.e., prohibited seaward of the
shoreline). Recreational fishing for California scorpionfish south of
34[deg]27' N. lat. is prohibited seaward of a boundary line
approximating the 60 fm (110 m) depth contour from January 1 through
December 31, except in the CCAs where fishing is prohibited seaward of
the 20 fm (37 m) depth contour when the fishing season is open.
* * * * *
(ii) * * *
(B) Bag limits, hook limits. In times and areas when the
recreational season for the RCG Complex is open, there is a limit of 2
hooks and 1 line when fishing for the RCG complex and lingcod. The bag
limit is 10 RCG Complex fish per day coastwide. Retention of canary
rockfish, yelloweye rockfish, bronzespotted and cowcod is prohibited.
Within the 10 RCG Complex fish per day limit, no more than 2 may be
bocaccio, no more than 2 may be greenling (kelp and/or other
greenlings) and no more than 3 may be cabezon. Multi-day limits are
authorized by a valid permit issued by California and must not exceed
the daily limit multiplied by the number of days in the fishing trip.
* * * * *
(iii) * * *
[[Page 54715]]
(A) * * *
(1) Between 42[deg] N. lat. (California/Oregon border) and
40[deg]10.00' N. lat. (Northern Management Area), recreational fishing
for lingcod is open from May 14, 2011 through October 31, 2011 (i.e.
it's closed from January 1 through May 13 and from November 1 through
December 31 in 2011) and from May 12, 2012 through October 31, 2012
(i.e. it's closed from January 1 through May 11 and from November 1
through December 31 in 2012).
(2) Between 40[deg]10' N. lat. and 38[deg]57.50' N. lat. (Mendocino
Management Area), recreational fishing for lingcod is open from May 14,
2011 through August 15, 2011 (i.e. it's closed from January 1 through
May 13 and August 16 through December 31 in 2011) and from May 12, 2012
through August 15, 2012 (i.e. it's closed from January 1 through May 11
and August 16 through December 31 in 2012).
(3) Between 38[deg]57.50' N. lat. and 37[deg]11' N. lat. (San
Francisco Management Area), recreational fishing for lingcod is open
from June 1 through December 31 (i.e. it's closed from January 1
through May 31).
(4) Between 37[deg]11' N. lat. and 34[deg]27' N. lat. (Central
Management Area), recreational fishing for lingcod is open from May 1
through December 31 (i.e. it's closed from January 1 through April 30).
(5) South of 34[deg]27' N. lat. (Southern Management Area),
recreational fishing for lingcod is open from March 1 through December
31 (i.e. it's closed from January 1 through February 28).
* * * * *
[FR Doc. 2011-22584 Filed 9-1-11; 8:45 am]
BILLING CODE 3510-22-P
