Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Electronic Monitoring Program; Correction, 36034-36035 [2019-15908]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 84, Number 144 (Friday, July 26, 2019)]
[Rules and Regulations]
[Pages 36034-36035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15908]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 1511169999493-03]
RIN 0648-BF52


Fisheries Off West Coast States; Pacific Coast Groundfish 
Fishery; Electronic Monitoring Program; Correction

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

ACTION: Final rule; correction.

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SUMMARY: NMFS published a final rule on June 28, 2019, to implement an 
electronic monitoring (EM) program for catcher vessels in the Pacific 
whiting fishery and fixed gear vessels in the shorebased groundfish 
Individual Fishing Quota (IFQ) fishery. The final rule established an 
application process for interested vessel owners; performance standards 
for EM systems; requirements for vessel operators; a permitting process 
and standards for EM service providers; and requirements for processors 
(first receivers) for receiving and disposing of prohibited and 
protected species from EM trips. This action corrects the numbering of 
two paragraphs in the Code of Federal Regulations. 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 July 29, 2019.

FOR FURTHER INFORMATION CONTACT: Melissa Hooper, Permits and Monitoring 
Branch Chief, NMFS West Coast Region, phone: 206-526-4353, fax: 206-
526-4461, or email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS published a final rule on June 28, 2019 
(84 FR 31146), that established an EM program for the Pacific Coast 
groundfish fishery. That final rule is effective July 29, 2019.

Need for Correction

    The June 28, 2019, final rule implemented an EM program in the 
Pacific Coast groundfish fishery, specifically for catcher vessels in 
the Pacific whiting fishery and fixed gear vessels in the shorebased 
groundfish IFQ fishery, and established requirements for service 
providers, vessel owners, vessel operators, and processors, to apply to 
and participate in the program. Two paragraphs in the requirements for 
vessel owners and operators were incorrectly numbered.
    Section 660.604(h) lays out the effective dates and situations in 
which an EM Authorization may expire or become invalid, and how a 
vessel owner may apply for a new Authorization. The subordinate 
paragraphs should have followed in order (h)(1), (2), and (3). But 
paragraph (h)(3) was inadvertently numbered (h)(2)(iii). In order to 
clarify the order of the paragraphs, paragraph (h)(2)(iii) will be 
renumbered to (h)(3).
    Section 660.604(p) lists the exceptions to the full retention 
requirement for Pacific whiting vessels while using EM. Two of the 
subordinate paragraphs were inadvertently numbered the same (p)(1)(iv). 
To clarify the order of the paragraphs, the final paragraph will be 
renumbered to (p)(1)(v).
    All of these corrections are consistent with the Council action for 
the regulatory amendment to implement an EM program for the Pacific 
Coast groundfish fishery and are minor corrections necessary to 
correctly implement the Council's intent in their final action from 
April 2016.

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 the public interest. Notice and 
comment are unnecessary and contrary to the public interest because 
this action corrects minor and non-substantive errors in the June 28, 
2019, final rule. Immediate notice of the errors and correction is 
necessary to prevent confusion among participants in the fishery that 
could result in issues with implementation of the requirements of the 
EM program. To effectively correct the errors, the changes in this 
action must be effective on July 29, 2019, which is the effective date 
of the June 28, 2019, final rule. Thus, there is not sufficient time 
for notice and comment due to the imminent effective date of the June 
28, 2019, final rule. In addition, notice and comment is unnecessary 
because this document makes only minor changes to correct the final 
rule and does not change the substance of the rule. These corrections 
will not affect the results of analyses conducted to support management 
decisions in the Pacific Coast groundfish fishery.
    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 document makes only minor corrections to the final 
rule which will be effective July 29, 2019. 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.

[[Page 36035]]

    This final rule is not significant under Executive Order 12866.

Corrections

    In FR Doc. 2019-13324, appearing on page 31146 in the Federal 
Register of Friday, June 28, 2019, the following corrections are made:

0
1. On page 31166, starting at the end of the second column, Sec.  
660.604(h) is corrected to read as follows:


Sec.  660.604  [Corrected]

* * * * *
    (h) Effective dates. (1) The EM Authorization is valid from the 
effective date identified on the Authorization until the expiration 
date of December 31. EM Authorization holders must renew annually by 
following the renewal process specified in paragraph (e) of this 
section. Failure to renew annually will result in expiration of the EM 
Authorization and endorsements on the Authorization expiration date.
    (2) NMFS may invalidate an EM Authorization if NMFS determines that 
the vessel, vessel owner, and/or operator no longer meets the 
eligibility criteria specified at paragraph (e)(1) of this section. 
NMFS would first notify the vessel owner of the deficiencies in writing 
and the vessel owner must correct the deficiencies following the 
instructions provided. If the deficiencies are not resolved upon review 
of the first trip following the notification, NMFS will notify the 
vessel owner in writing that the EM Authorization is invalid and that 
the vessel is no longer exempt from observer coverage at Sec. Sec.  
660.140(h)(1)(i) and 660.150(j)(1)(i)(B) for that authorization period. 
The holder may reapply for an EM Authorization for the following 
authorization period.
    (3) A vessel owner holding an expired or invalidated authorization 
may reapply for a new EM Authorization at any time consistent with 
paragraph (e) of this section.
* * * * *

0
2. On page 31168, in the third column, Sec.  660.604(p)(1) is corrected 
to read as follows:


Sec.  660.604   [Corrected]

* * * * *
    (p) Retention requirements--(1) Pacific whiting IFQ and MS/CV 
vessels. The operator of a vessel on a declared limited entry midwater 
trawl, Pacific whiting shorebased IFQ trip or limited entry midwater 
trawl, Pacific whiting mothership sector (catcher vessel or mothership) 
trip, EM trip must retain all fish until landing, with exceptions 
listed in paragraphs (p)(1)(i) through (v) of this section.
    (i) Minor operational discards are permitted. Minor operational 
discards include mutilated fish; fish vented from an overfull codend, 
fish spilled from the codend during preparation for transfer to the 
mothership; and fish removed from the deck and fishing gear during 
cleaning. Minor operational discards do not include discards that 
result when more catch is taken than is necessary to fill the hold or 
catch from a tow that is not delivered.
    (ii) Large individual marine organisms (i.e., all marine mammals, 
sea turtles, and seabirds, and fish species longer than 6 ft (1.8 m) in 
length) may be discarded.
    (iii) Crabs, starfish, coral, sponges, and other invertebrates may 
be discarded.
    (iv) Trash, mud, rocks, and other inorganic debris may be 
discarded.
    (v) A discard that is the result of an event that is beyond the 
control of the vessel operator or crew, such as a safety issue or 
mechanical failure, is permitted.
* * * * *

    Authority: 16 U.S.C. 1801 et seq.

    Dated: July 23, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2019-15908 Filed 7-25-19; 8:45 am]
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