Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2019-2020 Biennial Specifications and Management Measures; Inseason Adjustments; Correction, 8200-8204 [2020-02044]
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Federal Register / Vol. 85, No. 30 / Thursday, February 13, 2020 / Rules and Regulations
these quotas as unchanged from 2019
and final.
The regulations at 50 CFR 648.75(b)(3)
allow the Regional Administrator, to
annually suspend, the minimum size
limit for Atlantic surfclams unless
discard, catch, and biological sampling
data indicate that 30 percent or more of
the Atlantic surfclam resource have a
shell length less than 4.75 inches (121
mm) and the overall reduced size is not
attributable to harvest from beds where
growth of the individual clams has been
reduced because of density-dependent
factors. At its June 2019 meeting, the
Council recommended the Regional
Administrator suspend the minimum
size limit for Atlantic surfclams for the
2020 fishing year. Commercial surfclam
data for 2019 indicated that 22 percent
of the overall commercial landings were
composed of surfclams that were less
than the 4.75-in (121-mm) default
minimum size.
Based on the information available,
the Regional Administrator concurs
with the Council’s recommendation,
and is suspending the minimum size
limit for Atlantic surfclams in the
upcoming fishing year (January 1
through December 31, 2020).
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Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the Assistant
Administrator for Fisheries, NOAA, has
determined that this rule is consistent
with the Atlantic Surfclam and Ocean
Quahog FMP, other provisions of the
Magnuson-Stevens Act, and other
applicable law.
This action does not introduce any
new reporting, recordkeeping, or other
compliance requirements. This rule
does not duplicate, overlap, or conflict
with other Federal rules.
This rule is exempt from the
requirements of E.O. 12866.
This rule is not expected to be an E.O.
13771 regulatory action because this
rule is not significant under E.O. 12866.
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 rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
certification was published in the
proposed rule 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.
Authority: 16 U.S.C. 1801 et seq.
17:58 Feb 12, 2020
[FR Doc. 2020–02533 Filed 2–12–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 180625576–8999–02]
RIN 0648–BJ43
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
2019–2020 Biennial Specifications and
Management Measures; Inseason
Adjustments; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correcting
amendments.
AGENCY:
NMFS published a final rule
on January 3, 2020 that made routine
inseason adjustments to management
measures in commercial groundfish
fisheries. This action corrects
publication errors in the trip limit tables
for non-individual fishing quota (IFQ)
species and limited entry fixed gear
(LEFG) vessels that were implemented
through the final rule.
DATES: Effective February 13, 2020.
FOR FURTHER INFORMATION CONTACT:
Karen Palmigiano, NMFS West Coast
Regional Office, telephone: 206–526–
4491 or email: karen.palmigiano@
noaa.gov.
SUMMARY:
Classification
VerDate Sep<11>2014
Dated: February 4, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
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SUPPLEMENTARY INFORMATION:
Electronic Access
This final rule is accessible via the
internet at the Office of the Federal
Register’s website at https://
www.gpoaccess.gov/fr/.
Background information and documents
are available at the Pacific Fishery
Management Council’s (Council’s)
website at https://www.pcouncil.org/.
Background
NMFS published a final rule (85 FR
250; January 3, 2020), effective January
2, 2020, that made routine inseason
adjustments to managements measures
in commercial groundfish fisheries. The
final rule implemented
recommendations made by the Pacific
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Fishery Management Council (Council)
at its November 14–20, 2019 meeting.
These recommendations included
adjustments to the trip limits for vessels
in the limited entry fixed gear (LEFG)
and open access (OA) fisheries that are
targeting sablefish, lingcod, the Minor
Slope rockfish complex and
darkblotched rockfish, the Minor
Nearshore Rockfish complex, deeper
nearshore rockfish complex, and
bocaccio for 2020, as well as
adjustments to the Shorebased
individual fishing quota (IFQ) Program
fishery trip limits for big skate for 2020.
After publication of the final rule, three
publication errors were noted.
Need for Correction
Three corrections are needed so that
the implementing regulations are
accurate and implement the adjustments
to management measures as intended by
the Council and described in the
preamble of the final rule (85 FR 250).
First, the implementing regulations on
pages 257 and 258 of the final rule (85
FR 250; January 3, 2020) for Tables 1
(North) and (South) to part 660, subpart
D, included formatting errors that
inadvertently removed the label for the
big skate trip limits leaving a trip limit
in Line 10 of each table without a
species label. This correction would
update Line 10 of each of the tables to
include the label of ‘‘Big Skate’’ for
those trip limits.
Second, the implementing regulations
on page 260, Table 2 (South) to part 660,
subpart E, inadvertently omitted the
Council’s recommended decrease to the
trip limit for LEFG vessels targeting
sablefish between 40°10′ North latitude
(N lat.) and 36° N lat. from ‘‘1,700
pounds (lb) (771 kilograms [kg]) per
week, not to exceed 5,100 lb (2,313 kg)
per two months’’ to ‘‘1,300 lb (560 kg)
per week, not to exceed 3,900 (1,769 kg)
per two months.’’ This correction would
replace the current limit in Line 6 of
Table 2 (South) with the new lower trip
limit for LEFG vessels targeting
sablefish between 40°10′ N lat. and 36°
N lat consistent with the Council’s
intent and as described in the preamble
to the final rule.
Lastly, the implementing regulations
on 260, Table 2 (South) to part 660,
subpart E, included a formatting error in
Line 39 that inadvertently removed the
label for the Pacific cod trip limit
leaving a trip limit in Line 39 without
a species label. This action would
update Line 39 of Table 2 (South) to
include the label of ‘‘Pacific Cod’’ for
the trip limits on Line 39.
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Federal Register / Vol. 85, No. 30 / Thursday, February 13, 2020 / Rules and Regulations
Classification
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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 action corrects
inadvertent errors in regulations made
in the final rule published on January 3,
2020 (85 FR 250), 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 action must
go into effect upon publication. In
addition, notice and comment is
unnecessary because this action makes
only minor changes to correct the final
rule. The public, states and the Council
are aware of the correct intent of the
regulations through the Council’s public
process used to develop the final rule
and had the opportunity to comment on
VerDate Sep<11>2014
17:58 Feb 12, 2020
Jkt 250001
these adjustments during public
comment at the Council’s November
meeting. The preamble to the January 3,
2020, 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
any operating practices in the 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 notice makes only minor
corrections to the final rule which was
effective January 2, 2020. 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.
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8201
This action is taken under the
authority of 50 CFR 660.60(c) and is
exempt from review under Executive
Order 12866.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian
Fisheries.
Dated: January 29, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
For reasons explained in the
preamble, 50 CFR part 660 is corrected
by making the following correcting
amendments:
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. Tables 1 (North) and (South) to part
660, subpart D are corrected to read as
follows:
■
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2. Table 2 (South) to part 660, subpart
E is corrected to read as follows:
■
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[FR Doc. 2020–02044 Filed 2–12–20; 8:45 am]
BILLING CODE 3510–22–P
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17:58 Feb 12, 2020
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8204
]]>Agencies
[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Rules and Regulations]
[Pages 8200-8204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02044]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 180625576-8999-02]
RIN 0648-BJ43
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2019-2020 Biennial Specifications and
Management Measures; Inseason Adjustments; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendments.
-----------------------------------------------------------------------
SUMMARY: NMFS published a final rule on January 3, 2020 that made
routine inseason adjustments to management measures in commercial
groundfish fisheries. This action corrects publication errors in the
trip limit tables for non-individual fishing quota (IFQ) species and
limited entry fixed gear (LEFG) vessels that were implemented through
the final rule.
DATES: Effective February 13, 2020.
FOR FURTHER INFORMATION CONTACT: Karen Palmigiano, NMFS West Coast
Regional Office, telephone: 206-526-4491 or email:
[email protected].
SUPPLEMENTARY INFORMATION:
Electronic Access
This final rule is accessible via the internet at the Office of the
Federal Register's website at https://www.gpoaccess.gov/fr/.
Background information and documents are available at the Pacific
Fishery Management Council's (Council's) website at https://www.pcouncil.org/.
Background
NMFS published a final rule (85 FR 250; January 3, 2020), effective
January 2, 2020, that made routine inseason adjustments to managements
measures in commercial groundfish fisheries. The final rule implemented
recommendations made by the Pacific Fishery Management Council
(Council) at its November 14-20, 2019 meeting. These recommendations
included adjustments to the trip limits for vessels in the limited
entry fixed gear (LEFG) and open access (OA) fisheries that are
targeting sablefish, lingcod, the Minor Slope rockfish complex and
darkblotched rockfish, the Minor Nearshore Rockfish complex, deeper
nearshore rockfish complex, and bocaccio for 2020, as well as
adjustments to the Shorebased individual fishing quota (IFQ) Program
fishery trip limits for big skate for 2020. After publication of the
final rule, three publication errors were noted.
Need for Correction
Three corrections are needed so that the implementing regulations
are accurate and implement the adjustments to management measures as
intended by the Council and described in the preamble of the final rule
(85 FR 250).
First, the implementing regulations on pages 257 and 258 of the
final rule (85 FR 250; January 3, 2020) for Tables 1 (North) and
(South) to part 660, subpart D, included formatting errors that
inadvertently removed the label for the big skate trip limits leaving a
trip limit in Line 10 of each table without a species label. This
correction would update Line 10 of each of the tables to include the
label of ``Big Skate'' for those trip limits.
Second, the implementing regulations on page 260, Table 2 (South)
to part 660, subpart E, inadvertently omitted the Council's recommended
decrease to the trip limit for LEFG vessels targeting sablefish between
40[deg]10' North latitude (N lat.) and 36[deg] N lat. from ``1,700
pounds (lb) (771 kilograms [kg]) per week, not to exceed 5,100 lb
(2,313 kg) per two months'' to ``1,300 lb (560 kg) per week, not to
exceed 3,900 (1,769 kg) per two months.'' This correction would replace
the current limit in Line 6 of Table 2 (South) with the new lower trip
limit for LEFG vessels targeting sablefish between 40[deg]10' N lat.
and 36[deg] N lat consistent with the Council's intent and as described
in the preamble to the final rule.
Lastly, the implementing regulations on 260, Table 2 (South) to
part 660, subpart E, included a formatting error in Line 39 that
inadvertently removed the label for the Pacific cod trip limit leaving
a trip limit in Line 39 without a species label. This action would
update Line 39 of Table 2 (South) to include the label of ``Pacific
Cod'' for the trip limits on Line 39.
[[Page 8201]]
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 action corrects inadvertent errors in regulations made in the
final rule published on January 3, 2020 (85 FR 250), 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 action must go into effect upon
publication. In addition, notice and comment is unnecessary because
this action makes only minor changes to correct the final rule. The
public, states and the Council are aware of the correct intent of the
regulations through the Council's public process used to develop the
final rule and had the opportunity to comment on these adjustments
during public comment at the Council's November meeting. The preamble
to the January 3, 2020, 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 any operating practices in the 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 notice makes only minor corrections to the final
rule which was effective January 2, 2020. 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 action is taken under the authority of 50 CFR 660.60(c) and is
exempt from review under Executive Order 12866.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian Fisheries.
Dated: January 29, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
For reasons explained in the preamble, 50 CFR part 660 is corrected
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. Tables 1 (North) and (South) to part 660, subpart D are corrected to
read as follows:
[[Page 8202]]
[GRAPHIC] [TIFF OMITTED] TR13FE20.015
[[Page 8203]]
[GRAPHIC] [TIFF OMITTED] TR13FE20.016
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0
2. Table 2 (South) to part 660, subpart E is corrected to read as
follows:
[[Page 8204]]
[GRAPHIC] [TIFF OMITTED] TR13FE20.017
* * * * *
[FR Doc. 2020-02044 Filed 2-12-20; 8:45 am]
BILLING CODE 3510-22-P
