Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Groundfish Bottom Trawl and Midwater Trawl Gear in the Trawl Rationalization Program; Correction, 66636-66638 [2018-27921]
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Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations
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As specified at 50 CFR
622.385(b)(1)(ii)(B), after 75 percent of
the adjusted commercial quota of
Atlantic Spanish mackerel is reached or
is projected to be reached, Atlantic
Spanish mackerel in or from the EEZ in
the southern zone may not be possessed
onboard or landed from a vessel issued
a Federal permit for Atlantic Spanish
mackerel in amounts exceeding 1,500 lb
(680 kg) per day.
NMFS has determined that 75 percent
of the adjusted commercial quota for
Atlantic Spanish mackerel will be
reached by December 25, 2018.
Accordingly, the commercial trip limit
of 1,500 lb (680 kg) per day applies to
Atlantic Spanish mackerel in or from
the EEZ in the southern zone effective
from 6 a.m., local time, on December 26,
2018, until 12:01 a.m., local time, on
March 1, 2019, unless changed by
subsequent notification in the Federal
Register.
Classification
The Regional Administrator for the
NMFS Southeast Region has determined
this temporary rule is necessary for the
conservation and management of
Atlantic Spanish mackerel and is
consistent with the Magnuson-Stevens
Act and other applicable laws.
This action is taken under 50 CFR
622.385(b)(1)(ii)(B) and is exempt from
review under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act, because the temporary rule is
issued without opportunity for prior
notice and opportunity for comment.
This action responds to the best
scientific information available. The
Assistant Administrator for NOAA
Fisheries (AA) finds that the need to
immediately reduce the trip limit for the
commercial sector for Atlantic Spanish
mackerel constitutes good cause to
waive the requirements to provide prior
notice and the opportunity for public
comment pursuant to 5 U.S.C. 553(b)(B)
as such procedures are unnecessary and
contrary to the public interest. Such
procedures are unnecessary because the
rules implementing the quotas and trip
limits have already been subject to
notice and comment, and all that
remains is to notify the public of the trip
limit reduction.
Prior notice and opportunity for
public comment is contrary to the
public interest, because any delay in the
trip limit reduction of the commercial
harvest could result in the commercial
quota being exceeded. There is a need
to immediately implement this action to
protect the Atlantic Spanish mackerel
resource, because the capacity of the
fishing fleet allows for rapid harvest of
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the commercial quota. Prior notice and
opportunity for public comment would
require additional time and could
potentially result in a harvest well in
excess of the established commercial
quota.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: December 20, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–28039 Filed 12–20–18; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 180207141–8999–03]
RIN 0648–BH74
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Groundfish Bottom Trawl and
Midwater Trawl Gear in the Trawl
Rationalization Program; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
AGENCY:
NMFS published a final rule
on December 3, 2018, to implement
management measures revising Federal
regulations that currently restrict the
use and configuration of bottom and
midwater trawl gear for vessels fishing
under the Pacific Coast Groundfish
Fishery’s Trawl Rationalization
Program. This notification corrects
language describing where vessels are
prohibited from carrying any other type
of small footrope trawl gear other than
selective flatfish trawl gear (SFFT);
restores language which clarifies the
trawl gear types vessels are allowed to
carry simultaneously on a trip; restores
the prohibition on the use of small
footrope trawl inside the Columbia and
Klamath River Salmon Conservation
Zones; and restores vessel declarations
for non-trawl and open access
groundfish trips, open access trips for
other fisheries, and other trip types.
DATES: This correction notice is effective
on January 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Colin Sayre, NMFS West Coast Regional
SUMMARY:
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Office, telephone: 206–526–4656, email:
colin.sayre@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
published a final rule (December 3,
2018; 83 FR 62269) that, in part,
allowed vessels to use multiple types of
trawl gear on the same trip without
returning to port. The final rule
provided a description of trawl gear
types allowed on board simultaneously
on a single trip, described areas where
vessels are permitted to use multiple
gear types, and described declaration
and reporting requirements for vessels
participating in the Trawl
Rationalization Program.
The final rule requires that vessel
operators submit a new declaration to
NMFS Office of Law Enforcement before
changing gear type. The preamble to the
rule described the gear types a vessel
may carry and use on the same trip. The
final rule allows vessels in the
Shorebased IFQ Program to carry on
board multiple types of groundfish
bottom or midwater trawl gear in all
areas except in the area between 42°
North (N) latitude and 40°10′ N latitude
and shoreward of the trawl Rockfish
Conservation Area (RCA). In this area, a
vessel is only allowed to have midwater
trawl gear, large footrope trawl gear, and
selective flatfish trawl (SFFT) gear on
board simultaneously. The final rule
prohibited vessels from having any
other type of small footrope trawl gear
on board when fishing in this area. The
final rule also requires fishing with
small footrope trawl gear, other than
SFFT, inside the Columbia and Klamath
River Salmon Conservation Zones. The
final rule is effective January 1, 2019.
Need for Correction
Two of the corrections are needed so
that the implementing regulations are
accurate and implement the action as
intended by the Pacific Fishery
Management Council (Council) and
described in the preamble of the final
rule. The other two corrections are
needed to restore text that was
unintentionally removed through the
final rule.
The implementing regulations
adjusted the sector and gear declarations
at § 660.13(d)(4)(iv)(A)(1) through (8),
but inadvertently deleted required
declaration types for sectors, gears, and
fisheries other than limited entry trawl
groundfish gear currently described at
§ 660.13(d)(5)(iv)(A)(9) through (26).
This correction would include the entire
list of required gear and sector
declarations for non-trawl and open
access groundfish trips, open access
trips for other fisheries, and other trip
types.
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Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations
At § 660.130(c)(2)(iii) language
describing use of small footrope gear
inside the Klamath River Salmon
Conservation Zone inadvertently
substituted the word ‘‘prohibit’’ for
‘‘require’’ when describing the use of
SFFT, a type of small footrope trawl
gear, in the area. The final rule for a
separate action, the 2019–2020 Pacific
Coast Groundfish Biennial Harvest
Specifications (December 12, 2018; 83
FR 63970), closes the Columbia and
Klamath River Salmon Conservation
Zones to all midwater trawling and to
bottom trawling, unless vessels are
using SFFT. Vessels are currently
prohibited from fishing with midwater
trawl gear in both areas. The
specifications final action maintains the
prohibition on bottom trawling in these
areas without SFFT, which was
included under the blanket requirement
that groundfish trawl vessels use SFFT
gear shoreward of the trawl RCA north
of 40°10′ N lat. The Columbia and
Klamath River Salmon Conservation
Zones are located inside this area.
NMFS removed this blanket
requirement in the December 8, 2018,
final rule (83 FR 62269) tied to this
correction notice. The final rule for
specifications reestablished the SFFT
requirement inside the Columbia and
Klamath River Salmon Conservation
Zones. The SFFT requirement is
necessary to limit impacts to
Endangered Species Act salmon and
green sturgeon in these areas. Requiring
the use of small footrope trawl gear,
other than SFFT, in these area would
remove this protective prohibition.
Language describing the use of small
footrope trawl gear, inside the Columbia
and Klamath River Salmon
Conservation Zones would be corrected
to state that small footrope trawl gears
other than SFFT are ‘‘prohibited,’’
consistent with the Council’s intent for
regulations in this area. The Council
discussed maintaining the SFFT
requirement in these areas its March
2018, April 2018, and June 2018
meetings. The public also had the
opportunity to comment on maintaining
this requirement during the comment
period for the proposed rule for 2019–
2020 Pacific Coast Groundfish Biennial
Harvest Specifications (September 19,
2018; 83 FR 47416). Changing this
requirement undermine the purposes of
this rule, and would be inconsistent
with our legal requirements under the
Endangered Species Act.
The implementing regulations
revising § 660.130(c)(4)(i)(A) did not
specify the location, namely the area
between 42° N latitude and 40°10′ N
latitude and shoreward of the trawl
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RCA, where vessels may only carry one
type of small footrope trawl gear, SFFT
gear, along with midwater trawl and
large footrope trawl gear. Instead, the
implementing regulations omitted
language specifying the location where
vessels are subject to this restriction,
and maintained the prohibition
currently in regulation that prohibits a
vessel from carrying more than one type
of small footrope trawl gear north of
40°10′ N latitude. As described in the
preamble to the December 3, 2018, final
rule, this prohibition for the area
between 42° N latitude and 40°10′ N
latitude and shoreward of the trawl RCA
is necessary to enforce the requirement
to only use SFFT gear in this area. The
implementing regulations will allow
vessels fishing outside of the area
between 42° N latitude and 40°10′ N
latitude and shoreward of the trawl RCA
area to carry and use any type of small
footrope trawl gear. Therefore,
maintaining the current prohibition on
carrying SFFT gear outside of the area
between 42° N latitude and 40°10′ N
latitude is unnecessarily restrictive. The
correction to § 660.130(c)(4)(ii)(A) will
include clarifying language concerning
the types of gears (SFFT, midwater
trawl, and large footrope trawl gear)
allowed to be fished and carried in this
area.
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 correction, 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 notice corrects
inadvertent errors in regulations made
in the final rule published on December
3, 2018, and immediate notice of the
error and correction is necessary to
prevent confusion among participants in
the fishery that could result in issues
with reporting, recordkeeping, and
enforcement. To effectively correct the
errors, the changes in this notice must
go into effect by January 1, 2019, as the
final rule that contains the errors will
become effective on that date. Thus,
there is not sufficient time for notice
and comment due to the imminent
effective date of the final rule. In
addition, notice and comment is
unnecessary because this notice makes
only minor changes to correct the final
rule. The public, states and Pacific
Fishery Management Council are aware
of the correct intent of the regulations
through the public process used to
develop the final rule and had the
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66637
opportunity to comment on these
requirements during the comment
period on the proposed rule for this
action (September 7, 2018; 83 FR
45396). The preamble to the December
3, 2018, final rule also correctly
describes the intent of the regulations.
These corrections will not affect the
results of analyses conducted to support
management decisions in the Pacific
Coast Groundfish fishery nor change the
total catch in the fishery. No change in
operating practices in the fishery is
required.
For the same reasons stated above, the
AA has determined that good cause
exists to waive the 30-day delay in
effectiveness pursuant to 5 U.S.C.
553(d). This notice makes only minor
corrections to the final rule which will
be effective January 1, 2018. Delaying
effectiveness of these corrections would
result in conflicts in the regulations and
confusion among fishery participants.
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.
Corrections
Effective January 1, 2019, in FR Doc.
2018–26194 at 83 FR 62269 in the issue
of December 3, 2018:
■ 1. On page 62275, in amendatory
instruction 3, in the third column,
paragraphs (d)(4)(iv) introductory text
and (d)(4)(iv)(A) are corrected to read as
follows:
§ 660.13
[Corrected]
(d) * * *
(4) * * *
(iv) Declaration reports will include:
The vessel name and/or identification
number, the gear type, and the fishery
(as defined in paragraph (d)(4)(iv)(A) of
this section). Vessels using limited entry
trawl gear may only declare one gear
type at a time. Vessels using fixed gear
(limited entry and open access) outside
the Shorebased IFQ Program may
declare more than one type of non-trawl
gear at the same time. Vessels using
trawl gear may only declare one trawl
gear at a time and may not declare fixed
gear on the same trip in which trawl
gear is declared.
(A) One of the following gear types or
sectors must be declared:
(1) Limited entry fixed gear, not
including Shorebased IFQ Program,
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Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations
(2) Limited entry groundfish nontrawl, Shorebased IFQ Program,
(3) Limited entry midwater trawl,
non-whiting Shorebased IFQ Program,
(4) Limited entry midwater trawl,
Pacific whiting Shorebased IFQ
Program,
(5) Limited entry midwater trawl,
Pacific whiting catcher/processor sector,
(6) Limited entry midwater trawl,
Pacific whiting mothership sector
(catcher vessel or mothership),
(7) Limited entry bottom trawl,
Shorebased IFQ Program, not including
demersal trawl,
(8) Limited entry demersal trawl,
Shorebased IFQ Program,
(9) Non-groundfish trawl gear for pink
shrimp,
(10) Non-groundfish trawl gear for
ridgeback prawn,
(11) Non-groundfish trawl gear for
California halibut,
(12) Non-groundfish trawl gear for sea
cucumber,
(13) Open access longline gear for
groundfish,
(14) Open access Pacific halibut
longline gear,
(15) Open access groundfish trap or
pot gear,
(16) Open access Dungeness crab trap
or pot gear,
(17) Open access prawn trap or pot
gear,
(18) Open access sheephead trap or
pot gear,
(19) Open access line gear for
groundfish,
(20) Open access HMS line gear,
(21) Open access salmon troll gear,
(22) Open access California Halibut
line gear,
(23) Open access Coastal Pelagic
Species net gear,
(24) Other, or
(25) Tribal trawl.
(26) Open access California gillnet
complex gear.
*
*
*
*
*
■ 2. On page 62277, in amendatory
instruction 8, in the second column,
paragraph (c)(2)(iii) is corrected to read
as follows:
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§ 660.130
[Corrected]
(c) * * *
(2) * * *
(iii) The use of small footrope trawl,
other than selective flatfish trawl gear,
is prohibited inside the Klamath River
Salmon Conservation Zone (defined at
§ 660.131(c)(1)) and the Columbia River
Salmon Conservation Zone (defined at
§ 660.131(c)(2)).
*
*
*
*
*
■ 3. On page 62277, in amendatory
instruction 8, in the second column,
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Jkt 247001
paragraph (c)(4)(i)(A) is corrected to
read as follows:
§ 660.130
[Corrected]
(c) * * *
(4) * * *
(i) * * *
(A) A vessel may not have both
groundfish trawl gear and nongroundfish trawl gear on board
simultaneously. A vessel may have
more than one type of midwater
groundfish trawl gear on board, either
simultaneously or successively, during a
cumulative limit period. A vessel may
have more than one type of limited
entry bottom trawl gear on board (large
or small footrope, including selective
flatfish trawl), either simultaneously or
successively, during a cumulative limit
period except between 42° N latitude
and 40°10′ N latitude and shoreward of
the trawl RCA. Between 42° N latitude
and 40°10′ N latitude and shoreward of
the trawl RCA, vessels are prohibited
from having any type of small footrope
trawl gear other than selective flatfish
trawl gear on board when fishing.
*
*
*
*
*
4. On page 62277, in amendatory
instruction 8, in the third column,
paragraph (c)(4)(ii)(A) is corrected to
read as follows:
■
§ 660.130
[Corrected]
(c) * * *
(4) * * *
(ii) * * *
(A) A vessel may not have both
groundfish trawl gear and nongroundfish trawl gear onboard
simultaneously. A vessel may have
more than one type of midwater
groundfish trawl gear on board, either
simultaneously or successively, during a
cumulative limit period. A vessel may
have more than one type of limited
entry bottom trawl gear on board (large
or small footrope, including selective
flatfish trawl), either simultaneously or
successively, during a cumulative limit
period.
*
*
*
*
*
Authority: 16 U.S.C. 1801 et seq.
Dated: December 19, 2018.
Donna S. Wieting,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018–27921 Filed 12–26–18; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 180625576–8999–03]
RIN 0648–BH93
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
2019–2020 Biennial Specifications and
Management Measures; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
AGENCY:
NMFS published a final rule
on December 12, 2018, to establish the
2019–2020 harvest specifications and
management measures for groundfish
taken in the U.S. exclusive economic
zone off the coasts of Washington,
Oregon, and California. That rule
included modifications to depth contour
coordinates used for area management,
trip limits for a variety of fleets, and
allocations to different fisheries within
the Pacific Coast groundfish fisheries.
This action corrects the order of two
waypoints for the 150 fathom (274 m)
depth line, corrects the trip limits for
the limited entry fixed gear and open
access fleets for Minor Nearshore
Rockfish south of 42° North latitude (N),
and corrects the Shorebased Individual
Fishing Quota (IFQ) allocations for 2019
and 2020 for canary rockfish and
shortspine thornyheads north of 34°27′
N latitude. These corrections are
necessary so that the implementing
regulations are accurate and implement
the action as intended by the Pacific
Fishery Management Council (Council).
DATES: This correction is effective on
January 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Keeley Kent, phone: 206–526–4655, fax:
206–526–6736, or email: Keeley.Kent@
noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
published a final rule on December 12,
2018 (83 FR 63970), that established the
2019–2020 harvest specifications and
management measures for groundfish
taken in the U.S. exclusive economic
zone off the coasts of Washington,
Oregon, and California. That final rule
is effective January 1, 2019.
SUMMARY:
Need for Correction
The December 12, 2018, final rule
adjusted the waypoints (latitude and
longitude coordinates) for the 150
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]]>Agencies
[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Rules and Regulations]
[Pages 66636-66638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27921]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 180207141-8999-03]
RIN 0648-BH74
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Groundfish Bottom Trawl and Midwater
Trawl Gear in the Trawl Rationalization Program; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: NMFS published a final rule on December 3, 2018, to implement
management measures revising Federal regulations that currently
restrict the use and configuration of bottom and midwater trawl gear
for vessels fishing under the Pacific Coast Groundfish Fishery's Trawl
Rationalization Program. This notification corrects language describing
where vessels are prohibited from carrying any other type of small
footrope trawl gear other than selective flatfish trawl gear (SFFT);
restores language which clarifies the trawl gear types vessels are
allowed to carry simultaneously on a trip; restores the prohibition on
the use of small footrope trawl inside the Columbia and Klamath River
Salmon Conservation Zones; and restores vessel declarations for non-
trawl and open access groundfish trips, open access trips for other
fisheries, and other trip types.
DATES: This correction notice is effective on January 1, 2019.
FOR FURTHER INFORMATION CONTACT: Colin Sayre, NMFS West Coast Regional
Office, telephone: 206-526-4656, email: colin.sayre@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS published a final rule (December 3,
2018; 83 FR 62269) that, in part, allowed vessels to use multiple types
of trawl gear on the same trip without returning to port. The final
rule provided a description of trawl gear types allowed on board
simultaneously on a single trip, described areas where vessels are
permitted to use multiple gear types, and described declaration and
reporting requirements for vessels participating in the Trawl
Rationalization Program.
The final rule requires that vessel operators submit a new
declaration to NMFS Office of Law Enforcement before changing gear
type. The preamble to the rule described the gear types a vessel may
carry and use on the same trip. The final rule allows vessels in the
Shorebased IFQ Program to carry on board multiple types of groundfish
bottom or midwater trawl gear in all areas except in the area between
42[deg] North (N) latitude and 40[deg]10' N latitude and shoreward of
the trawl Rockfish Conservation Area (RCA). In this area, a vessel is
only allowed to have midwater trawl gear, large footrope trawl gear,
and selective flatfish trawl (SFFT) gear on board simultaneously. The
final rule prohibited vessels from having any other type of small
footrope trawl gear on board when fishing in this area. The final rule
also requires fishing with small footrope trawl gear, other than SFFT,
inside the Columbia and Klamath River Salmon Conservation Zones. The
final rule is effective January 1, 2019.
Need for Correction
Two of the corrections are needed so that the implementing
regulations are accurate and implement the action as intended by the
Pacific Fishery Management Council (Council) and described in the
preamble of the final rule. The other two corrections are needed to
restore text that was unintentionally removed through the final rule.
The implementing regulations adjusted the sector and gear
declarations at Sec. 660.13(d)(4)(iv)(A)(1) through (8), but
inadvertently deleted required declaration types for sectors, gears,
and fisheries other than limited entry trawl groundfish gear currently
described at Sec. 660.13(d)(5)(iv)(A)(9) through (26). This correction
would include the entire list of required gear and sector declarations
for non-trawl and open access groundfish trips, open access trips for
other fisheries, and other trip types.
[[Page 66637]]
At Sec. 660.130(c)(2)(iii) language describing use of small
footrope gear inside the Klamath River Salmon Conservation Zone
inadvertently substituted the word ``prohibit'' for ``require'' when
describing the use of SFFT, a type of small footrope trawl gear, in the
area. The final rule for a separate action, the 2019-2020 Pacific Coast
Groundfish Biennial Harvest Specifications (December 12, 2018; 83 FR
63970), closes the Columbia and Klamath River Salmon Conservation Zones
to all midwater trawling and to bottom trawling, unless vessels are
using SFFT. Vessels are currently prohibited from fishing with midwater
trawl gear in both areas. The specifications final action maintains the
prohibition on bottom trawling in these areas without SFFT, which was
included under the blanket requirement that groundfish trawl vessels
use SFFT gear shoreward of the trawl RCA north of 40[deg]10' N lat. The
Columbia and Klamath River Salmon Conservation Zones are located inside
this area. NMFS removed this blanket requirement in the December 8,
2018, final rule (83 FR 62269) tied to this correction notice. The
final rule for specifications reestablished the SFFT requirement inside
the Columbia and Klamath River Salmon Conservation Zones. The SFFT
requirement is necessary to limit impacts to Endangered Species Act
salmon and green sturgeon in these areas. Requiring the use of small
footrope trawl gear, other than SFFT, in these area would remove this
protective prohibition. Language describing the use of small footrope
trawl gear, inside the Columbia and Klamath River Salmon Conservation
Zones would be corrected to state that small footrope trawl gears other
than SFFT are ``prohibited,'' consistent with the Council's intent for
regulations in this area. The Council discussed maintaining the SFFT
requirement in these areas its March 2018, April 2018, and June 2018
meetings. The public also had the opportunity to comment on maintaining
this requirement during the comment period for the proposed rule for
2019-2020 Pacific Coast Groundfish Biennial Harvest Specifications
(September 19, 2018; 83 FR 47416). Changing this requirement undermine
the purposes of this rule, and would be inconsistent with our legal
requirements under the Endangered Species Act.
The implementing regulations revising Sec. 660.130(c)(4)(i)(A) did
not specify the location, namely the area between 42[deg] N latitude
and 40[deg]10' N latitude and shoreward of the trawl RCA, where vessels
may only carry one type of small footrope trawl gear, SFFT gear, along
with midwater trawl and large footrope trawl gear. Instead, the
implementing regulations omitted language specifying the location where
vessels are subject to this restriction, and maintained the prohibition
currently in regulation that prohibits a vessel from carrying more than
one type of small footrope trawl gear north of 40[deg]10' N latitude.
As described in the preamble to the December 3, 2018, final rule, this
prohibition for the area between 42[deg] N latitude and 40[deg]10' N
latitude and shoreward of the trawl RCA is necessary to enforce the
requirement to only use SFFT gear in this area. The implementing
regulations will allow vessels fishing outside of the area between
42[deg] N latitude and 40[deg]10' N latitude and shoreward of the trawl
RCA area to carry and use any type of small footrope trawl gear.
Therefore, maintaining the current prohibition on carrying SFFT gear
outside of the area between 42[deg] N latitude and 40[deg]10' N
latitude is unnecessarily restrictive. The correction to Sec.
660.130(c)(4)(ii)(A) will include clarifying language concerning the
types of gears (SFFT, midwater trawl, and large footrope trawl gear)
allowed to be fished and carried in this area.
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 correction, 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 notice corrects inadvertent errors in regulations made in the
final rule published on December 3, 2018, and immediate notice of the
error and correction is necessary to prevent confusion among
participants in the fishery that could result in issues with reporting,
recordkeeping, and enforcement. To effectively correct the errors, the
changes in this notice must go into effect by January 1, 2019, as the
final rule that contains the errors will become effective on that date.
Thus, there is not sufficient time for notice and comment due to the
imminent effective date of the final rule. In addition, notice and
comment is unnecessary because this notice makes only minor changes to
correct the final rule. The public, states and Pacific Fishery
Management Council are aware of the correct intent of the regulations
through the public process used to develop the final rule and had the
opportunity to comment on these requirements during the comment period
on the proposed rule for this action (September 7, 2018; 83 FR 45396).
The preamble to the December 3, 2018, final rule also correctly
describes the intent of the regulations. These corrections will not
affect the results of analyses conducted to support management
decisions in the Pacific Coast Groundfish fishery nor change the total
catch in the fishery. No change in operating practices in the fishery
is required.
For the same reasons stated above, the AA has determined that good
cause exists to waive the 30-day delay in effectiveness pursuant to 5
U.S.C. 553(d). This notice makes only minor corrections to the final
rule which will be effective January 1, 2018. Delaying effectiveness of
these corrections would result in conflicts in the regulations and
confusion among fishery participants. 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.
Corrections
Effective January 1, 2019, in FR Doc. 2018-26194 at 83 FR 62269 in
the issue of December 3, 2018:
0
1. On page 62275, in amendatory instruction 3, in the third column,
paragraphs (d)(4)(iv) introductory text and (d)(4)(iv)(A) are corrected
to read as follows:
Sec. 660.13 [Corrected]
(d) * * *
(4) * * *
(iv) Declaration reports will include: The vessel name and/or
identification number, the gear type, and the fishery (as defined in
paragraph (d)(4)(iv)(A) of this section). Vessels using limited entry
trawl gear may only declare one gear type at a time. Vessels using
fixed gear (limited entry and open access) outside the Shorebased IFQ
Program may declare more than one type of non-trawl gear at the same
time. Vessels using trawl gear may only declare one trawl gear at a
time and may not declare fixed gear on the same trip in which trawl
gear is declared.
(A) One of the following gear types or sectors must be declared:
(1) Limited entry fixed gear, not including Shorebased IFQ Program,
[[Page 66638]]
(2) Limited entry groundfish non-trawl, Shorebased IFQ Program,
(3) Limited entry midwater trawl, non-whiting Shorebased IFQ
Program,
(4) Limited entry midwater trawl, Pacific whiting Shorebased IFQ
Program,
(5) Limited entry midwater trawl, Pacific whiting catcher/processor
sector,
(6) Limited entry midwater trawl, Pacific whiting mothership sector
(catcher vessel or mothership),
(7) Limited entry bottom trawl, Shorebased IFQ Program, not
including demersal trawl,
(8) Limited entry demersal trawl, Shorebased IFQ Program,
(9) Non-groundfish trawl gear for pink shrimp,
(10) Non-groundfish trawl gear for ridgeback prawn,
(11) Non-groundfish trawl gear for California halibut,
(12) Non-groundfish trawl gear for sea cucumber,
(13) Open access longline gear for groundfish,
(14) Open access Pacific halibut longline gear,
(15) Open access groundfish trap or pot gear,
(16) Open access Dungeness crab trap or pot gear,
(17) Open access prawn trap or pot gear,
(18) Open access sheephead trap or pot gear,
(19) Open access line gear for groundfish,
(20) Open access HMS line gear,
(21) Open access salmon troll gear,
(22) Open access California Halibut line gear,
(23) Open access Coastal Pelagic Species net gear,
(24) Other, or
(25) Tribal trawl.
(26) Open access California gillnet complex gear.
* * * * *
0
2. On page 62277, in amendatory instruction 8, in the second column,
paragraph (c)(2)(iii) is corrected to read as follows:
Sec. 660.130 [Corrected]
(c) * * *
(2) * * *
(iii) The use of small footrope trawl, other than selective
flatfish trawl gear, is prohibited inside the Klamath River Salmon
Conservation Zone (defined at Sec. 660.131(c)(1)) and the Columbia
River Salmon Conservation Zone (defined at Sec. 660.131(c)(2)).
* * * * *
0
3. On page 62277, in amendatory instruction 8, in the second column,
paragraph (c)(4)(i)(A) is corrected to read as follows:
Sec. 660.130 [Corrected]
(c) * * *
(4) * * *
(i) * * *
(A) A vessel may not have both groundfish trawl gear and non-
groundfish trawl gear on board simultaneously. A vessel may have more
than one type of midwater groundfish trawl gear on board, either
simultaneously or successively, during a cumulative limit period. A
vessel may have more than one type of limited entry bottom trawl gear
on board (large or small footrope, including selective flatfish trawl),
either simultaneously or successively, during a cumulative limit period
except between 42[deg] N latitude and 40[deg]10' N latitude and
shoreward of the trawl RCA. Between 42[deg] N latitude and 40[deg]10' N
latitude and shoreward of the trawl RCA, vessels are prohibited from
having any type of small footrope trawl gear other than selective
flatfish trawl gear on board when fishing.
* * * * *
0
4. On page 62277, in amendatory instruction 8, in the third column,
paragraph (c)(4)(ii)(A) is corrected to read as follows:
Sec. 660.130 [Corrected]
(c) * * *
(4) * * *
(ii) * * *
(A) A vessel may not have both groundfish trawl gear and non-
groundfish trawl gear onboard simultaneously. A vessel may have more
than one type of midwater groundfish trawl gear on board, either
simultaneously or successively, during a cumulative limit period. A
vessel may have more than one type of limited entry bottom trawl gear
on board (large or small footrope, including selective flatfish trawl),
either simultaneously or successively, during a cumulative limit
period.
* * * * *
Authority: 16 U.S.C. 1801 et seq.
Dated: December 19, 2018.
Donna S. Wieting,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2018-27921 Filed 12-26-18; 8:45 am]
BILLING CODE 3510-22-P
