Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Annual Specifications and Management Measures for the 2019 Tribal and Non-Tribal Fisheries for Pacific Whiting, and Requirement To Consider Chinook Salmon Bycatch Before Reapportioning Tribal Whiting; Correction, 65925-65926 [2019-25931]

Download as PDF 65925 Federal Register / Vol. 84, No. 231 / Monday, December 2, 2019 / Rules and Regulations Community No. State and location Region IV North Carolina: Atkinson, Town of, Pender County ...................... 370542 Brunswick County, Unincorporated Areas ........... 370295 Columbus County, Unincorporated Areas ............ 370305 Durham County, Unincorporated Areas ............... 370085 Northwest, City of, Brunswick County .................. 370513 Pembroke, Town of, Robeson County ................. 370597 Pender County, Unincorporated Areas ................ 370344 Robeson County, Unincorporated Areas ............. 370202 Roxboro, City of, Person County ......................... 370347 Tabor City, Town of, Columbus County ............... 370070 Effective date authorization/cancellation of sale of flood insurance in community Current effective map date Date certain Federal assistance no longer available in SFHAs N/A, Emerg; September 22, 2010, Reg; December 6, 2019, Susp. July 7, 1975, Emerg; May 15, 1986, Reg; December 6, 2019, Susp. July 6, 1979, Emerg; June 3, 1991, Reg; December 6, 2019, Susp. March 16, 1973, Emerg; February 15, 1979, Reg; December 6, 2019, Susp. N/A, Emerg; November 12, 1998, Reg; December 6, 2019, Susp. N/A, Emerg; August 24, 2007, Reg; December 6, 2019, Susp. June 28, 1977, Emerg; February 15, 1985, Reg; December 6, 2019, Susp. June 17, 1975, Emerg; February 17, 1989, Reg; December 6, 2019, Susp. N/A, Emerg; March 25, 1991, Reg; December 6, 2019, Susp. January 29, 1975, Emerg; July 17, 1986, Reg; December 6, 2019, Susp. December 6, 2019 December 6, 2019. ......do ................... Do. ......do ................... Do. ......do ................... Do. ......do ................... Do. ......do ................... Do. ......do ................... Do. ......do ................... Do. ......do ................... Do. December 6, 2019 December 6, 2019. * ......do = Ditto. Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. Dated: November 22, 2019. Eric Letvin, Deputy Assistant Administrator for Mitigation, Federal Insurance and Mitigation Administration—FEMA Resilience, Department of Homeland Security, Federal Emergency Management Agency. [FR Doc. 2019–25948 Filed 11–29–19; 8:45 am] BILLING CODE 9110–12–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 191125–0091] RIN 0648–BI67 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Annual Specifications and Management Measures for the 2019 Tribal and Non-Tribal Fisheries for Pacific Whiting, and Requirement To Consider Chinook Salmon Bycatch Before Reapportioning Tribal Whiting; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correcting amendment. jbell on DSKJLSW7X2PROD with RULES AGENCY: This action contains a correction to the final rule published on May 10, 2019, to establish the harvest specifications and management measures for the 2019 Pacific whiting SUMMARY: VerDate Sep<11>2014 15:54 Nov 29, 2019 Jkt 250001 fishery under the authority of the Pacific Coast Groundfish Fishery Management Plan, the Magnuson-Stevens Fishery Conservation and Management Act, and the Pacific Whiting Act of 2006. This action restores language inadvertently omitted from the final rule that explains that NMFS will consider Chinook salmon bycatch and bycatch rates prior to reapportionment of the tribal Pacific whiting allocation. These corrections are necessary to restore this language so that the regulations accurately implement the National Marine Fisheries Service’s intent, as described in the preamble to the final rule. DATES: Effective December 2, 2019. FOR FURTHER INFORMATION CONTACT: Stacey Miller (West Coast Region, NMFS), phone: 503–231–6290, and email: Stacey.Miller@noaa.gov. SUPPLEMENTARY INFORMATION: NMFS published a final rule on May 10, 2019 (84 FR 20578), that implemented the 2019 harvest specifications and management measures for Pacific whiting harvested in the U.S. exclusive economic zone off the coasts of Washington, Oregon and California. The final rule inadvertently omitted regulatory language explaining that NMFS will consider the level of Chinook bycatch and bycatch rates prior to determining reapportionment of the treaty tribes’ whiting to the non-treaty sectors. This action is required under Terms of Conditions 2.c. of the 2017 ESA section 7(a)(2) biological opinion on the effects of the Pacific Coast Groundfish Fishery Management Plan on salmonids. The proposed rule (84 FR 9471) published on March 15, 2019, PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 contained this language and the preamble and response to comment in the final rule discussed the reconsideration in detail. This correction action restores the inadvertently omitted regulatory text. This correction is consistent with NMFS action for the 2019 Pacific whiting harvest specifications and is a minor correction to correctly implement NMFS intent in their final action taken in May 2019. 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 additional public comment on this action, as notice and comment would be unnecessary and contrary to public interest. Providing prior notice and the opportunity for additional public comment is unnecessary because the public received notice and an opportunity to comment on the proposed rule (84 FR 9471), including this regulatory text. This correcting amendment reinstates the regulatory text that was inadvertently omitted from the final rule that published on May 10, 2019 (84 FR 20578). If the rule was delayed to allow for prior notice and an additional opportunity for public comment, it would cause confusion because the public and fishery participants believe that the omitted text is already included in the regulations. Additionally, public comment and notice would be contrary to the public interest because immediate correction of the error is necessary to manage the Pacific whiting stock to optimal yield, E:\FR\FM\02DER1.SGM 02DER1 65926 Federal Register / Vol. 84, No. 231 / Monday, December 2, 2019 / Rules and Regulations ensure that the Pacific Coast Groundfish Fishery Management Plan (FMP) is implemented in a manner consistent with treaty rights of treaty tribes to fish for Pacific whiting in their ‘‘usual and accustomed grounds and stations’’ in common with non-tribal citizens, and protect salmon stocks listed under the Endangered Species Act. To effectively correct the error, the change in this action must be effective upon publication as the fishery has already begun. The correction will not affect the results of analyses conducted to support management decisions in the Pacific whiting fishery. The correction is consistent with NMFS’ intent for regulations and the public expects the regulations to be written as in the correction. No change in operating practices in the fishery is required. For the same reasons stated above, the AA has determined good cause exists to waive the 30-day delay in effectiveness pursuant to 5 U.S.C. 553(d). This notice only makes a minor correction to the final rule, which was effective May 10, 2019. Delaying effectiveness of this correction 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. This final rule was developed after meaningful consultation with the tribal representative on the Council who has agreed with the provisions that apply to tribal vessels. List of Subjects in 50 CFR Part 660 Fisheries, Fishing, and Indian Fisheries. Dated: November 25, 2019. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. jbell on DSKJLSW7X2PROD with RULES For the reasons set out in the preamble, 50 CFR part 660 is corrected as follows: PART 660—FISHERIES OFF WEST COAST STATES 1. The authority citation for 50 CFR 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. VerDate Sep<11>2014 15:54 Nov 29, 2019 Jkt 250001 the annual catch target in either fishing season, the directed fishery will close, reserving the 1,000-mt difference between the harvest guideline and § 660.131 Pacific whiting fishery annual catch target as a set-aside for management measures. incidental landings in other Coastal * * * * * Pelagic Species fisheries and other (h) * * * sources of mortality. This rule is (4) Estimates of the portion of the intended to conserve and manage the tribal allocation that will not be used by Pacific mackerel stock off the U.S. West the end of the fishing year will be based Coast. on the best information available to the DATES: Effective January 2, 2020. Regional Administrator. ADDRESSES: Copies of the report, (i) Salmon bycatch. This fishery may ‘‘Pacific Mackerel Stock Assessment for be closed through automatic action at U.S. Management in 2019–2020 and § 660.60(d)(1)(v) and (vi). 2020–2021’’ may be obtained from the (ii) [Reserved] Long Beach NMFS office or viewed at (5) Prior to reapportionment, NMFS the following website: https:// will consider Chinook salmon take www.pcouncil.org/wpcontent/uploads/ numbers and bycatch rates in each 2019/05/F3_Att1_Mackerel_Stocksector of the Pacific whiting fishery, in order to prevent a reapportionment that Assessment_Full_Electric_Only_ Jun2019BB.pdf. would limit Pacific Coast treaty Indian Tribes’ access to the tribal allocation by FOR FURTHER INFORMATION CONTACT: triggering inseason closure of the Pacific Lynn Massey, West Coast Region, whiting fishery as described at NMFS, Lynn.Massey@noaa.gov. § 660.60(d)(1)(v). SUPPLEMENTARY INFORMATION: Under the Magnuson-Stevens Fishery * * * * * [FR Doc. 2019–25931 Filed 11–29–19; 8:45 am] Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 BILLING CODE 3510–22–P et seq., NMFS manages the Pacific mackerel fishery in the U.S. exclusive DEPARTMENT OF COMMERCE economic zone (EEZ) off the West Coast in accordance with the Coastal Pelagic National Oceanic and Atmospheric Species (CPS) Fishery Management Plan Administration (FMP). The CPS FMP and its implementing regulations require NMFS 50 CFR Part 660 to set annual harvest specifications for the Pacific mackerel fishery based on [Docket No. 191125–0089] the annual specification framework and RIN 0648–BJ22 control rules in the FMP. The control rules in the CPS FMP include the Fisheries Off West Coast States; harvest guideline (HG) control rule, Coastal Pelagic Species Fisheries; which in conjunction with the Biennial Specifications overfishing limit (OFL) and acceptable biological catch (ABC) rules, are used to AGENCY: National Marine Fisheries manage harvest levels for Pacific Service (NMFS), National Oceanic and mackerel. According to the FMP, the Atmospheric Administration (NOAA), quota for the principal commercial Commerce. fishery, the HG, is determined using the ACTION: Final rule. FMP-specified HG formula. The HG is SUMMARY: Through this final rule, NMFS based, in large part, on the current is implementing allowable catch levels, estimate of stock biomass. The biomass an overfishing limit, an allowable estimate is an explicit part of the biological catch, and an annual catch various harvest control rules for Pacific limit for Pacific mackerel in the U.S. mackerel, and as the estimated biomass exclusive economic zone off the West decreases or increases from one year to Coast (California, Oregon and the next, the resulting allowable catch Washington) for the fishing seasons levels similarly trend. More information 2019–2020 and 2020–2021, pursuant to on the Pacific Fishery Management the Coastal Pelagic Species Fishery Council’s (Council) process for Management Plan. The harvest developing Pacific mackerel harvest guideline and annual catch target for the specifications and more detail on the 2019–2020 fishing season are 11,109 HG control rule are provided in the metric tons (mt) and 10,109 mt, proposed rule for this action (August 23, respectively. The harvest guideline and 2019, 84 FR 44272) and are not repeated annual catch target for the 2020–2021 here. The purpose of this final rule is to fishing season are 7,950 mt and 6,950 implement these harvest specifications, mt, respectively. If the fishery attains 2. Amend § 660.131 by revising paragraph (h)(4) and adding paragraph (h)(5) to read as follows: ■ PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\02DER1.SGM 02DER1

Agencies

[Federal Register Volume 84, Number 231 (Monday, December 2, 2019)]
[Rules and Regulations]
[Pages 65925-65926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25931]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 191125-0091]
RIN 0648-BI67


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; Annual Specifications and Management 
Measures for the 2019 Tribal and Non-Tribal Fisheries for Pacific 
Whiting, and Requirement To Consider Chinook Salmon Bycatch Before 
Reapportioning Tribal Whiting; Correction

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

ACTION: Final rule; correcting amendment.

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

SUMMARY: This action contains a correction to the final rule published 
on May 10, 2019, to establish the harvest specifications and management 
measures for the 2019 Pacific whiting fishery under the authority of 
the Pacific Coast Groundfish Fishery Management Plan, the Magnuson-
Stevens Fishery Conservation and Management Act, and the Pacific 
Whiting Act of 2006. This action restores language inadvertently 
omitted from the final rule that explains that NMFS will consider 
Chinook salmon bycatch and bycatch rates prior to reapportionment of 
the tribal Pacific whiting allocation. These corrections are necessary 
to restore this language so that the regulations accurately implement 
the National Marine Fisheries Service's intent, as described in the 
preamble to the final rule.

DATES: Effective December 2, 2019.

FOR FURTHER INFORMATION CONTACT: Stacey Miller (West Coast Region, 
NMFS), phone: 503-231-6290, and email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS published a final rule on May 10, 2019 
(84 FR 20578), that implemented the 2019 harvest specifications and 
management measures for Pacific whiting harvested in the U.S. exclusive 
economic zone off the coasts of Washington, Oregon and California. The 
final rule inadvertently omitted regulatory language explaining that 
NMFS will consider the level of Chinook bycatch and bycatch rates prior 
to determining reapportionment of the treaty tribes' whiting to the 
non-treaty sectors. This action is required under Terms of Conditions 
2.c. of the 2017 ESA section 7(a)(2) biological opinion on the effects 
of the Pacific Coast Groundfish Fishery Management Plan on salmonids. 
The proposed rule (84 FR 9471) published on March 15, 2019, contained 
this language and the preamble and response to comment in the final 
rule discussed the reconsideration in detail. This correction action 
restores the inadvertently omitted regulatory text.
    This correction is consistent with NMFS action for the 2019 Pacific 
whiting harvest specifications and is a minor correction to correctly 
implement NMFS intent in their final action taken in May 2019.

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 additional public comment on this action, as notice and 
comment would be unnecessary and contrary to public interest. Providing 
prior notice and the opportunity for additional public comment is 
unnecessary because the public received notice and an opportunity to 
comment on the proposed rule (84 FR 9471), including this regulatory 
text. This correcting amendment reinstates the regulatory text that was 
inadvertently omitted from the final rule that published on May 10, 
2019 (84 FR 20578). If the rule was delayed to allow for prior notice 
and an additional opportunity for public comment, it would cause 
confusion because the public and fishery participants believe that the 
omitted text is already included in the regulations. Additionally, 
public comment and notice would be contrary to the public interest 
because immediate correction of the error is necessary to manage the 
Pacific whiting stock to optimal yield,

[[Page 65926]]

ensure that the Pacific Coast Groundfish Fishery Management Plan (FMP) 
is implemented in a manner consistent with treaty rights of treaty 
tribes to fish for Pacific whiting in their ``usual and accustomed 
grounds and stations'' in common with non-tribal citizens, and protect 
salmon stocks listed under the Endangered Species Act. To effectively 
correct the error, the change in this action must be effective upon 
publication as the fishery has already begun. The correction will not 
affect the results of analyses conducted to support management 
decisions in the Pacific whiting fishery. The correction is consistent 
with NMFS' intent for regulations and the public expects the 
regulations to be written as in the correction. No change in operating 
practices in the fishery is required.
    For the same reasons stated above, the AA has determined good cause 
exists to waive the 30-day delay in effectiveness pursuant to 5 U.S.C. 
553(d). This notice only makes a minor correction to the final rule, 
which was effective May 10, 2019. Delaying effectiveness of this 
correction 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. 
This final rule was developed after meaningful consultation with the 
tribal representative on the Council who has agreed with the provisions 
that apply to tribal vessels.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian Fisheries.

    Dated: November 25, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is 
corrected as follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
1. The authority citation for 50 CFR 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. Amend Sec.  660.131 by revising paragraph (h)(4) and adding 
paragraph (h)(5) to read as follows:


Sec.  660.131  Pacific whiting fishery management measures.

* * * * *
    (h) * * *
    (4) Estimates of the portion of the tribal allocation that will not 
be used by the end of the fishing year will be based on the best 
information available to the Regional Administrator.
    (i) Salmon bycatch. This fishery may be closed through automatic 
action at Sec.  660.60(d)(1)(v) and (vi).
    (ii) [Reserved]
    (5) Prior to reapportionment, NMFS will consider Chinook salmon 
take numbers and bycatch rates in each sector of the Pacific whiting 
fishery, in order to prevent a reapportionment that would limit Pacific 
Coast treaty Indian Tribes' access to the tribal allocation by 
triggering inseason closure of the Pacific whiting fishery as described 
at Sec.  660.60(d)(1)(v).
* * * * *
[FR Doc. 2019-25931 Filed 11-29-19; 8:45 am]
BILLING CODE 3510-22-P