Fisheries Off West Coast States; West Coast Salmon Fisheries; 2016 Management Measures; Correction, 36184-36185 [2016-13233]

Download as PDF 36184 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations action would be unnecessary and contrary to the public interest. For the same reasons, under 5 U.S.C. 553(d)(3) NMFS finds good cause to waive the requirement to delay for 30 days the effectiveness of this rule. Executive Order 12866 This final rule has been determined to be not significant for purposes of Executive Order 12866. Regulatory Flexibility Act 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. 3. The authority citation for part 300 continues to read as follows: 50 CFR Part 216 Authority: 16 U.S.C. 951 et seq., 16 U.S.C. 1801 et seq., 16 U.S.C. 5501 et seq., 16 U.S.C. 2431 et seq., 31 U.S.C. 9701 et seq. Administrative practice and procedure, Exports, Fish, Imports, Indians, Labeling, Marine mammals. 4. In § 300.22, revise paragraph (b)(1) to read as follows: ■ 50 CFR Part 300 Administrative practice and procedure, Fish, Fisheries, Fishing, Marine resources, Reporting and recordkeeping requirements, Treaties. § 300.22 Eastern Pacific fisheries recordkeeping and written reports. * Dated: May 31, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR parts 216 and 300 are amended as follows: PART 216—REGULATIONS GOVERNING THE TAKING AND IMPORTING OF MARINE MAMMALS 1. The authority citation for part 216 continues to read as follows: ■ Authority: 16 U.S.C. 1361 et seq., unless otherwise noted. 2. In § 216.24, revise paragraph (b)(6)(iii)(C) to read as follows: ■ § 216.24 Taking and related acts incidental to commercial fishing operations by tuna purse seine vessels in the eastern tropical Pacific Ocean. mstockstill on DSK3G9T082PROD with RULES * * * * * (b) * * * (6) * * * (iii) * * * (C) The owner or managing owner of a purse seine vessel that is permitted and authorized under an alternative international tuna purse seine fisheries management regime in the Pacific Ocean must submit the vessel assessment fee, as established by the IATTC or other approved observer program, to the Administrator, West 16:21 Jun 03, 2016 PART 300—INTERNATIONAL FISHERIES REGULATIONS ■ List of Subjects VerDate Sep<11>2014 Coast Region, prior to obtaining an observer and entering the ETP to fish. Consistent with § 300.22(b)(1) of this title, this class of purse seine vessels is not required to be listed on the Vessel Register under § 300.22(b)(4) of this title in order to purse seine for tuna in the ETP during a single fishing trip per calendar year of 90 days or less. Payment of the vessel assessment fee must be consistent with the fee for active status on the Vessel Register under § 300.22(b)(4)(i) of this title. * * * * * Jkt 238001 * * * * (b) * * * (1) Exception. Once per year, a vessel that is permitted and authorized under an alternative international tuna purse seine fisheries management regime in the Pacific Ocean may exercise an option to fish with purse seine gear to target tuna in the Convention Area without being listed on the Vessel Register and without being categorized as active under paragraph (b)(4)(i) of this section, for a fishing trip that does not exceed 90 days in duration. No more than 32 of such trips are allowed each calendar year. After the commencement of the 32nd such trip, the Regional Administrator shall announce, in the Federal Register and by other appropriate means, that no more such trips are allowed for the remainder of the calendar year. Under § 216.24(b)(6)(iii)(C) of this title, vessel assessment fees must be paid for vessels exercising this option. * * * * * [FR Doc. 2016–13216 Filed 6–3–16; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 151117999–6440–02] RIN 0648–BF56 Fisheries Off West Coast States; West Coast Salmon Fisheries; 2016 Management Measures; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correction. AGENCY: On May 2, 2016, NMFS published a final rule to implement fishery management measures for the 2016 ocean salmon fisheries off the coast of the states of Washington, Oregon, and California under the jurisdiction of the Pacific Fisheries Management Council (Council). This correction changes the minimum size table for the commercial salmon fishery from Point Arena to Pigeon Point, CA, and the description of the tribal area and boundaries for the treaty Indian fisheries for the Quileute Nation; these were incorrect in the original rule. DATES: This correction is effective June 6, 2016, until the effective date of the 2017 management measures, which will be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206–526–4323. SUPPLEMENTARY INFORMATION: SUMMARY: Need for Correction On May 2, 2016, NMFS published a final rule (81 FR 26157) that implemented the fishery management measures for the 2016 ocean salmon fisheries off the coasts of the states of Washington, Oregon, and California under the jurisdiction of the Council. Subsequent to filing this rule with the Office of the Federal Register, two typographical errors were noted. On page 26164, the table under the subheading ‘‘B. Minimum Size,’’ for the area ‘‘Point Arena to Pigeon Point,’’ two time periods are listed that incorrectly exclude the date September 1. This is inconsistent with the management measures described in the related text within the rule. Additionally, these size restrictions are intended to be consistent with the commercial salmon fisheries managed by the State of California. This rule corrects the table to be consistent with the management measures described in the text of the final rule, and as adopted and recommended by E:\FR\FM\06JNR1.SGM 06JNR1 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations the Council and as implemented by the State of California. On page 26169, in the first column, under the subheading ‘‘C.1. Tribe and Area Boundaries,’’ in the fourth paragraph, an incorrect latitude was provided for the Queets River. This latitude is intended to be consistent with usual and accustomed fishing areas established by a recent court ruling (United States v. Washington, 2:09–sp– 00001–RSM (W.D. Wash. Sept. 3, 2015)). This latitude is listed correctly elsewhere in the rule, and should be consistent throughout the rule to avoid confusion. This rule corrects the latitude for the Queets River to be consistent with the rest of the management measures and the currently defined usual and accustomed fishing area for the Quileute Nation. The states, tribes, and Pacific Fishery Management Council staff have been notified of these corrections. These corrections have been made in the fishery booklet provided to the public by NMFS West Coast Region. Therefore, these corrections are anticipated by the public and the regulatory agencies and their implementation will cause no harm. Correction In the Federal Register of May 2, 2016 (81 FR 26157), make the following corrections: 1. On page 26164, under the subheading ‘‘B. Minimum Size,’’ the table for minimum size limits in the 2016 commercial salmon fisheries is corrected in its entirety to read as follows: Chinook Area (when open) Total length North of Cape Falcon, OR ..................................................... Cape Falcon to OR/CA border ............................................... OR/CA border to Humboldt South Jetty ................................ Horse Mountain to Point Arena .............................................. Point Arena to Pigeon Point: Prior to September 1 ....................................................... September 1 and thereafter ............................................ Pigeon Point to U.S./Mexico border ....................................... 36185 Coho Head-off Pink Total length Head-off 28.0 28.0 28.0 27.0 21.5 21.5 21.5 20.5 ........................ ........................ ........................ ........................ ........................ ........................ ........................ ........................ None. None. None. None. 27.0 26.0 27.0 20.5 19.5 20.5 ........................ ........................ ........................ ........................ ........................ ........................ None. None. None. Metric equivalents: 28.0 in = 71.1 cm, 27.0 in = 68.6 cm, 26.0 in = 66.0 cm, 21.5 in = 54.6 cm, 20.5 in = 52.1 cm, 19.5 in = 49.5 cm, 16.0 in = 40.6 cm, and 12.0 in = 30.5 cm. 2. On page 26169, first column, under the subheading ‘‘C.1. Tribe and Area Boundaries,’’ the fourth paragraph is corrected to read as follows: QUILEUTE—That portion of the FMA between 48°10′00″ N. lat. (Cape Alava.) and 47°31′42″ N. lat. (Queets River) and east of 125°44′00″ W. long. Classification mstockstill on DSK3G9T082PROD with RULES Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for Fisheries (AA) finds there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment would be unnecessary and contrary to public interest. Notice and comment are unnecessary and contrary to the public interest because this action corrects inadvertent errors in regulations for a fishery that opened on May 1, and immediate notice of the error and correction is necessary to prevent confusion among participants in VerDate Sep<11>2014 16:21 Jun 03, 2016 Jkt 238001 the fishery that could result from the existing conflict between state and tribal regulations and the final rule. This error was noticed by NMFS on April 29, 2016, after the final rule had been filed with the Office of the Federal Register. To effectively correct the error, this correction must be done as soon as possible, as the tribal fisheries commenced May 1. There is not sufficient time for a notice and comment rulemaking as the fishery has begun. In addition, this action makes only minor changes that the states and tribes are already aware of. This correction will not affect the results of analyses conducted to support management decisions in the salmon fishery nor change the total catch of salmon. No change in operating practices in the fishery is required. For the same reasons, the AA has determined that good cause exists to waive the 30-day delay in effectiveness PO 00000 Frm 00049 Fmt 4700 Sfmt 9990 pursuant to 5 U.S.C. 553(d). Because prior notice and an opportunity for public comment are not required to be provided 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 not applicable. Accordingly, no Regulatory Flexibility Analysis is required for this rule and none has been prepared. This final rule is not significant under Executive Order 12866. Authority: 16 U.S.C. 773–773k; 1801 et seq. Dated: May 23, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2016–13233 Filed 6–3–16; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\06JNR1.SGM 06JNR1

Agencies

[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)]
[Rules and Regulations]
[Pages 36184-36185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13233]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 151117999-6440-02]
RIN 0648-BF56

Fisheries Off West Coast States; West Coast Salmon Fisheries;
2016 Management Measures; Correction

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

ACTION: Final rule; correction.

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

SUMMARY: On May 2, 2016, NMFS published a final rule to implement
fishery management measures for the 2016 ocean salmon fisheries off the
coast of the states of Washington, Oregon, and California under the
jurisdiction of the Pacific Fisheries Management Council (Council).
This correction changes the minimum size table for the commercial
salmon fishery from Point Arena to Pigeon Point, CA, and the
description of the tribal area and boundaries for the treaty Indian
fisheries for the Quileute Nation; these were incorrect in the original
rule.

DATES: This correction is effective June 6, 2016, until the effective
date of the 2017 management measures, which will be published in the
Federal Register.

FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323.

SUPPLEMENTARY INFORMATION:

Need for Correction

On May 2, 2016, NMFS published a final rule (81 FR 26157) that
implemented the fishery management measures for the 2016 ocean salmon
fisheries off the coasts of the states of Washington, Oregon, and
California under the jurisdiction of the Council. Subsequent to filing
this rule with the Office of the Federal Register, two typographical
errors were noted.
On page 26164, the table under the subheading ``B. Minimum Size,''
for the area ``Point Arena to Pigeon Point,'' two time periods are
listed that incorrectly exclude the date September 1. This is
inconsistent with the management measures described in the related text
within the rule. Additionally, these size restrictions are intended to
be consistent with the commercial salmon fisheries managed by the State
of California. This rule corrects the table to be consistent with the
management measures described in the text of the final rule, and as
adopted and recommended by

[[Page 36185]]

the Council and as implemented by the State of California.
On page 26169, in the first column, under the subheading ``C.1.
Tribe and Area Boundaries,'' in the fourth paragraph, an incorrect
latitude was provided for the Queets River. This latitude is intended
to be consistent with usual and accustomed fishing areas established by
a recent court ruling (United States v. Washington, 2:09-sp-00001-RSM
(W.D. Wash. Sept. 3, 2015)). This latitude is listed correctly
elsewhere in the rule, and should be consistent throughout the rule to
avoid confusion. This rule corrects the latitude for the Queets River
to be consistent with the rest of the management measures and the
currently defined usual and accustomed fishing area for the Quileute
Nation.
The states, tribes, and Pacific Fishery Management Council staff
have been notified of these corrections. These corrections have been
made in the fishery booklet provided to the public by NMFS West Coast
Region. Therefore, these corrections are anticipated by the public and
the regulatory agencies and their implementation will cause no harm.

Correction

In the Federal Register of May 2, 2016 (81 FR 26157), make the
following corrections:
1. On page 26164, under the subheading ``B. Minimum Size,'' the
table for minimum size limits in the 2016 commercial salmon fisheries
is corrected in its entirety to read as follows:

----------------------------------------------------------------------------------------------------------------
Chinook Coho
Area (when open) ---------------------------------------------------------------- Pink
Total length Head-off Total length Head-off
----------------------------------------------------------------------------------------------------------------
North of Cape Falcon, OR..... 28.0 21.5 .............. .............. None.
Cape Falcon to OR/CA border.. 28.0 21.5 .............. .............. None.
OR/CA border to Humboldt 28.0 21.5 .............. .............. None.
South Jetty.
Horse Mountain to Point Arena 27.0 20.5 .............. .............. None.
Point Arena to Pigeon Point:
Prior to September 1..... 27.0 20.5 .............. .............. None.
September 1 and 26.0 19.5 .............. .............. None.
thereafter.
Pigeon Point to U.S./Mexico 27.0 20.5 .............. .............. None.
border.
----------------------------------------------------------------------------------------------------------------
Metric equivalents: 28.0 in = 71.1 cm, 27.0 in = 68.6 cm, 26.0 in = 66.0 cm, 21.5 in = 54.6 cm, 20.5 in = 52.1
cm, 19.5 in = 49.5 cm, 16.0 in = 40.6 cm, and 12.0 in = 30.5 cm.

2. On page 26169, first column, under the subheading ``C.1. Tribe
and Area Boundaries,'' the fourth paragraph is corrected to read as
follows:
QUILEUTE--That portion of the FMA between 48[deg]10'00'' N. lat.
(Cape Alava.) and 47[deg]31'42'' N. lat. (Queets River) and east of
125[deg]44'00'' W. long.

Classification

Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries (AA) finds there is good cause to waive prior notice and an
opportunity for public comment on this action, as notice and comment
would be unnecessary and contrary to public interest. Notice and
comment are unnecessary and contrary to the public interest because
this action corrects inadvertent errors in regulations for a fishery
that opened on May 1, and immediate notice of the error and correction
is necessary to prevent confusion among participants in the fishery
that could result from the existing conflict between state and tribal
regulations and the final rule. This error was noticed by NMFS on April
29, 2016, after the final rule had been filed with the Office of the
Federal Register. To effectively correct the error, this correction
must be done as soon as possible, as the tribal fisheries commenced May
1. There is not sufficient time for a notice and comment rulemaking as
the fishery has begun. In addition, this action makes only minor
changes that the states and tribes are already aware of.
This correction will not affect the results of analyses conducted
to support management decisions in the salmon fishery nor change the
total catch of salmon. No change in operating practices in the fishery
is required. For the same reasons, the AA has determined that good
cause exists to waive the 30-day delay in effectiveness pursuant to 5
U.S.C. 553(d). Because prior notice and an opportunity for public
comment are not required to be provided 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 not applicable. Accordingly,
no Regulatory Flexibility Analysis is required for this rule and none
has been prepared.
This final rule is not significant under Executive Order 12866.

Authority: 16 U.S.C. 773-773k; 1801 et seq.

Dated: May 23, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016-13233 Filed 6-3-16; 8:45 am]
BILLING CODE 3510-22-P

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