Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2021-2022 Biennial Specifications and Management Measures; Correction, 14379-14386 [2021-05359]
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Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Rules and Regulations
taking into account—among other things
and to the extent practicable—the costs
of cumulative regulations;
(3) In choosing among alternative
regulatory approaches, select those
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity);
(4) To the extent feasible, specify
performance objectives, rather than the
behavior or manner of compliance a
regulated entity must adopt; and
(5) Identify and assess available
alternatives to direct regulation,
including economic incentives—such as
user fees or marketable permits—to
encourage the desired behavior, or
provide information that enables the
public to make choices.
Executive Order 13563 also requires
an agency ‘‘to use the best available
techniques to quantify anticipated
present and future benefits and costs as
accurately as possible.’’ The Office of
Information and Regulatory Affairs of
OMB has emphasized that these
techniques may include ‘‘identifying
changing future compliance costs that
might result from technological
innovation or anticipated behavioral
changes.’’
We are issuing this final priority and
definitions only on a reasoned
determination that their benefits justify
their costs. In choosing among
alternative regulatory approaches, we
selected those approaches that
maximize net benefits. Based on the
analysis that follows, the Department
believes that this regulatory action is
consistent with the principles in
Executive Order 13563.
We also have determined that this
regulatory action does not unduly
interfere with State, local, and Tribal
governments in the exercise of their
governmental functions.
In accordance with these Executive
orders, the Department has assessed the
potential costs and benefits, both
quantitative and qualitative, of this
regulatory action. The potential costs
are those resulting from statutory
requirements and those we have
determined as necessary for
administering the Department’s
programs and activities. The costs
would include the time and effort in
responding to the priority for entities
that choose to respond.
In addition, we have considered the
potential benefits of this regulatory
action and have noted these benefits in
the background section of this
document. The benefits include
continuing to provide both TA and a
structured training program focused on
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the VR process and practices and the
unique skills and knowledge necessary
to improve employment outcomes for
American Indians with disabilities.
Intergovernmental Review: This
program is not subject to Executive
Order 12372 and the regulations in 34
CFR part 79.
Regulatory Flexibility Act
Certification: The Secretary certifies that
this regulatory action will not have a
significant economic impact on a
substantial number of small entities.
The U.S. Small Business Administration
Size Standards define proprietary
institutions as small businesses if they
are independently owned and operated,
are not dominant in their field of
operation, and have total annual
revenue below $7,000,000. Nonprofit
institutions are defined as small entities
if they are independently owned and
operated and not dominant in their field
of operation. Public institutions are
defined as small organizations if they
are operated by a government
overseeing a population below 50,000.
The small entities that this regulatory
action will affect are public or private
nonprofit agencies and organizations,
including Indian Tribes and institutions
of higher education that may apply. We
believe that the costs imposed on an
applicant by the priority and definitions
will be limited to paperwork burden
related to preparing an application and
that the benefits of the priority and
definitions will outweigh any costs
incurred by the applicant. There are
very few entities that could provide the
type of training and TA required under
the final priority. For these reasons the
priority and definitions will not impose
a burden on a significant number of
small entities.
Paperwork Reduction Act of 1995:
The priority and definitions contain
information collection requirements that
are approved by OMB under OMB
control number 1820–0018; the priority
and definitions do not affect the
currently approved data collection.
Accessible Format: On request to the
contact person listed under FOR FURTHER
INFORMATION CONTACT, individuals with
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David Cantrell,
Deputy Director, Office of Special Education
Programs. Delegated the authority to perform
the functions and duties of the Assistant
Secretary for the Office of Special Education
and Rehabilitative Services.
[FR Doc. 2021–05430 Filed 3–11–21; 4:15 pm]
BILLING CODE 4000–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 210308–0049]
RIN 0648–BJ74
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
2021–2022 Biennial Specifications and
Management Measures; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correcting
amendment.
AGENCY:
This action contains
corrections to the final rule for the
2021–2022 Biennial Harvest
Specifications and Management
Measures for groundfish harvested in
the U.S. exclusive economic zone off the
coasts of Washington, Oregon, and
California published on December 11,
2020. This action corrects: the Rockfish
Conservation Area (RCA) waypoints for
the 100 fathom depth contour, the other
flatfish gear restrictions in the RCA,
language describing the boundary lines
for the depth contours, and the
boundaries of the non-groundfish RCA
for California halibut, sea cucumber,
and ridgeback prawns south of 34°27′ N.
lat. These corrections are necessary so
the regulations accurately implement
the Pacific Fishery Management
SUMMARY:
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Council’s intent and are consistent with
what was anticipated by participants in
the groundfish fishery.
DATES: This correction is effective
March 16, 2021.
FOR FURTHER INFORMATION CONTACT:
Karen Palmigiano at karen.palmigiano@
noaa.gov or 206–526–4491.
SUPPLEMENTARY INFORMATION: NMFS
published a final rule on December 11,
2020, (85 FR 79880), that implemented
the 2021–2022 harvest specifications
and management measures for
groundfish harvested in the U.S.
exclusive economic zone off the coasts
of Washington, Oregon, and California.
That final rule was effective January 1,
2021. After publication of the final rule,
NMFS noted the need for four
corrections.
Corrections
The final rule for the 2021–2022
groundfish harvest specifications and
management measures (85 FR 79880;
December 11, 2020) inadvertently
deleted the final waypoint for the line
approximating the 100-fathom depth
contour coast-wide at the U.S. and
Mexico border. This waypoint, known
as point #322, at 32°34.22′ North
latitude (N lat.), 117°21.20′ West
longitude (W. long.) was part of the
regulations in 2020 and the Pacific
Fishery Management Council (Council)
did not recommend to remove it
through the 2021–2022 harvest
specifications. This final rule will add
point #322 back into the list of
waypoints for the 100-fathom line.
Without this point identified in the
regulations, it is difficult for members of
industry to use their plotters to identify
the boundaries of the non-trawl RCA.
Additionally, the waypoint must be
reinstated into the regulations in order
for law enforcement to correctly enforce
the boundaries of the non-trawl RCA.
This correcting amendment would
revise the regulations to reinstate the
missing waypoint.
In order to make the description of the
depth contours off of California
consistent with the description used for
Oregon and Washington, the final rule
noted in section ‘‘V. Changes From the
Proposed Rule’’ that the language
describing the boundary lines in
§ 660.360(3)(i)(A)(1) and (2) would be
changed from . . . is prohibited
seaward of the 30 fm (55m) depth
contour . . . to . . . is prohibited
seaward of the boundary line
approximating the 30 fm (55m) depth
contour . . . . However, the final rule
inadvertently did not change the
regulatory text to include the updated
description. This correcting amendment
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would revise the language in
§ 660.360(3)(i)(A)(1) and (2) to include
the correct description of the depth
contours consistent with the intent of
the 2021–2022 harvest specifications
final rule and the Council’s intent. This
clarification is needed to provide
consistency among sections in the
regulations so that the description of the
depth contours for recreational closed
areas are consistent between the three
states.
The final rule implemented the
Council recommendation to remove the
gear restrictions for the limited-entry
fixed-gear (LEFG) and open-access (OA)
fishery targeting stocks in the ‘‘Other
Flatfish’’ complex south of 42° N lat. by
removing the hook-and-line gear
restriction language from the LEFG and
OA trip limit tables. However, NMFS
inadvertently did not remove the gear
restriction from other sections of the
regulatory text. Specifically, the
requirement to use no more than 12
hooks, Number 2 or smaller, which
measure no more than 11 mm (0.44
inches) point to shank and up to two 1lb (0.45 kg) weights per line should have
been removed in all places it appears in
the regulatory text and replaced with
hook and line gear only. This final rule
would remove the gear restriction
specifying the type and number of
hooks from the regulations so that the
regulations are consistent and follow the
intent of the action. This correction is
needed to reduce confusion and
inconsistencies in the regulatory text as
to what gears are allowed to be used
inside the non-trawl RCA.
The final rule included a
typographical error in the description of
the boundary lines south of 34°27′ N lat.
for the non-groundfish trawl RCA for
California halibut, sea cucumber, and
ridgeback prawns in Table 3 (South) to
Subpart F. Instead of stating the fathom
lines of the boundary, the boundaries
are stated as 01/01/2021+A108:P133.
This final rule will correct the boundary
from the 100 fm line to the 150 fm line.
This correction is needed to enforce the
boundaries of this non-groundfish trawl
RCA and also to reduce confusion about
the boundaries among members of
industry.
All of these corrections are consistent
with the Council action for the 2021–
2022 groundfish harvest specifications
and the public expects the regulations to
be written as in the correction. These
are minor corrections to correctly
implement the Council’s intent in their
final action taken in June 2020.
Classification
NMFS is issuing this rule pursuant to
305(d) of the Magnuson-Stevens Act. In
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a previous action taken pursuant to
section 304(b), the Council designed the
Pacific Coast Groundfish Fishery
Management Plan (FMP) to authorize
NMFS to take this action pursuant to
MSA section 305(d). See 50 CFR 660.
The NMFS Assistant Administrator has
determined that this final rule is
consistent with the FMP and other
applicable law.
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
related to the December 11, 2020 final
rule (85 FR 79880). Immediate
correction of the errors is necessary to
prevent confusion among participants in
the fishery due to conflicting gear
restrictions and lack of waypoints to
define boundary lines that could result
in issues with enforcement. To
effectively correct the errors, the
changes in this action must be effective
upon publication as the fishery has
already begun. Thus, there is not
sufficient time for notice and comment.
In addition, notice and comment is
unnecessary because this notice makes
only minor changes to correct
inadvertent errors related to the
December 11, 2020 final rule (85 FR
79880). These corrections will not affect
the results of analyses conducted to
support management decisions in the
Pacific Coast groundfish fishery. These
corrections are consistent with the
Council’s 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
makes only minor corrections to the
final rule which was effective January 1,
2021. 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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This final rule is not significant under
Executive Order 12866.
This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian
fisheries.
§ 660.230 Fixed gear fishery—
management measures.
Dated: March 10, 2021.
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
by making the following correcting
amendments:
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.
2. In § 660.73, add paragraph (a)(322)
to read as follows:
■
§ 660.73 Latitude/longitude coordinates
defining the 100 fm (183 m) through 150 fm
(274 m) depth contours.
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*
*
*
(a) * * *
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(322) 32°34.22′ N lat., 117°21.20′ W
long.
*
*
*
*
*
■ 3. In § 660.230, revise paragraph (d)
introductory text, add paragraph
(d)(10)(i), and revise paragraphs
(d)(11)(iv) and (d)(12) and (13) to read
as follows:
*
*
*
*
(d) Groundfish conservation areas.
GCAs are defined by coordinates
expressed in degrees of latitude and
longitude. The latitude and longitude
coordinates of the GCA boundaries are
specified at §§ 660.70 through 660.74. A
vessel that is authorized by this
paragraph to fish within a GCA (e.g.,
fishing for ‘‘other flatfish’’ with hook
and line gear only), may not
simultaneously have other gear on board
the vessel that is unlawful to use for
fishing within the GCA. The following
GCAs apply to vessels participating in
the limited entry fixed gear fishery.
*
*
*
*
*
(10) * * *
(i) Fishing for ‘‘other flatfish’’ is
permitted within the CCAs with hook
and line gear only; and provided a valid
declaration report as required at
§ 660.13(d), subpart C, has been filed
with NMFS OLE.
*
*
*
*
*
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14381
(11) * * *
(iv) It is lawful to fish within the
nontrawl RCA with limited entry fixed
gear using hook and line gear only when
trip limits authorize such fishing, and
provided a valid declaration report as
required at § 660.13(d), subpart C, has
been filed with NMFS OLE.
(12) Farallon Islands. Under
California law, commercial fishing for
all groundfish is prohibited between the
shoreline and the 10 fm (18 m) depth
contour around the Farallon Islands. An
exception to this prohibition is that
commercial fishing for ‘‘other flatfish’’
is allowed around the Farallon Islands
using hook and line gear only. (See
Table 2 (South) of this subpart.) For a
definition of the Farallon Islands, see
§ 660.70, subpart C.
(13) Cordell Banks. Commercial
fishing for groundfish is prohibited in
waters of depths less than 100 fm (183
m) around Cordell Banks, as defined by
specific latitude and longitude
coordinates at § 660.70, subpart C. An
exception to this prohibition is that
commercial fishing for ‘‘other flatfish’’
is allowed around Cordell Banks using
hook and line gear only.
*
*
*
*
*
■ 4. Revise Table 2 (North) and Table 2
(South) to part 660, subpart E, to read
as follows:
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BILLING CODE 3510–22–C
5. In § 660.330, revise paragraphs (d)
introductory text, (d)(11)(i), (d)(12)(iv),
and (d)(14) and (15) to read as follows:
■
§ 660.330 Open access fishery—
management measures.
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*
*
*
*
*
(d) Groundfish conservation areas
(GCAs). GCAs, a type of closed area, are
defined at § 660.11 and with latitude
and longitude coordinates at §§ 660.70
through 660.74. A vessel that is
authorized by this paragraph to fish
within a GCA (e.g., fishing for ‘‘other
flatfish’’ using hook and line gear only),
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may not simultaneously have other gear
on board the vessel that is unlawful to
use for fishing within the GCA. The
following GCAs apply to vessels
participating in the open access
groundfish fishery.
*
*
*
*
*
(11) * * *
(i) Fishing for ‘‘other flatfish’’ is
allowed within the CCAs with hook and
line gear only; and provided a valid
declaration report as required at
§ 660.13(d), has been filed with NMFS
OLE.
*
*
*
*
*
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14383
(12) * * *
(iv) Fishing for ‘‘other flatfish’’ off
California (between 42° N lat. south to
the U.S./Mexico border) is allowed
within the nontrawl RCA with hook and
line gear only; and provided a valid
declaration report as required at
§ 660.13(d), has been filed with NMFS
OLE.
*
*
*
*
*
(14) Farallon Islands. Under
California law, commercial fishing for
all groundfish is prohibited between the
shoreline and the 10 fm (18 m) depth
contour around the Farallon Islands. An
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exception to this prohibition is that
commercial fishing for ‘‘other flatfish’’
is allowed around the Farallon Islands
using hook and line gear only. (See
Table 2 (South) of this subpart.) For a
definition of the Farallon Islands, see
§ 660.70, subpart C.
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(15) Cordell Banks. Commercial
fishing for groundfish is prohibited in
waters of depths less than 100-fm (183m) around Cordell Banks, as defined by
specific latitude and longitude
coordinates at § 660.70, subpart C. An
exception to this prohibition is that
commercial fishing for ‘‘other flatfish’’
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is allowed around Cordell Banks using
hook and line gear only.
*
*
*
*
*
6. Revise Table 3 (North) and Table 3
(South) to part 660, subpart F, to read
as follows:
■
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7. In § 660.360, revise paragraphs
(c)(3)(i)(A)(1) and (2) to read as follows:
■
§ 660.360 Recreational fishery—
management measures.
*
*
*
*
(c) * * *
(3) * * *
(i) * * *
(A) * * *
(1) Between 42° N lat. (California/
Oregon border) and 40°10′ N lat.
(Northern Management Area),
recreational fishing for all groundfish
(except petrale sole, starry flounder, and
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*
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‘‘Other Flatfish’’ as specified in
paragraph (c)(3)(iv) of this section) is
closed from January 1 through April 30;
is prohibited seaward of the boundary
line approximating the 30 fm (55 m)
depth contour along the mainland coast
and along islands and offshore
seamounts from May 1 through October
31 (shoreward of 30 fm is open); and is
open at all depths from November 1
through December 31.
(2) Between 40°10′ N lat. and
38°57.50′ N lat. (Mendocino
Management Area), recreational fishing
for all groundfish (except petrale sole,
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starry flounder, and ‘‘Other Flatfish’’ as
specified in paragraph (c)(3)(iv) of this
section) is closed from January 1
through April 30; prohibited seaward of
the boundary line approximating the 30
fm (55 m) depth contour along the
mainland coast and along islands and
offshore seamounts from May 1 through
October 31 (shoreward of 30 fm is
open), and is open at all depths from
November 1 through December 31.
*
*
*
*
*
[FR Doc. 2021–05359 Filed 3–15–21; 8:45 am]
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]]>Agencies
[Federal Register Volume 86, Number 49 (Tuesday, March 16, 2021)]
[Rules and Regulations]
[Pages 14379-14386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05359]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 210308-0049]
RIN 0648-BJ74
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2021-2022 Biennial Specifications and
Management Measures; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: This action contains corrections to the final rule for the
2021-2022 Biennial Harvest Specifications and Management Measures for
groundfish harvested in the U.S. exclusive economic zone off the coasts
of Washington, Oregon, and California published on December 11, 2020.
This action corrects: the Rockfish Conservation Area (RCA) waypoints
for the 100 fathom depth contour, the other flatfish gear restrictions
in the RCA, language describing the boundary lines for the depth
contours, and the boundaries of the non-groundfish RCA for California
halibut, sea cucumber, and ridgeback prawns south of 34[deg]27' N. lat.
These corrections are necessary so the regulations accurately implement
the Pacific Fishery Management
[[Page 14380]]
Council's intent and are consistent with what was anticipated by
participants in the groundfish fishery.
DATES: This correction is effective March 16, 2021.
FOR FURTHER INFORMATION CONTACT: Karen Palmigiano at
[email protected] or 206-526-4491.
SUPPLEMENTARY INFORMATION: NMFS published a final rule on December 11,
2020, (85 FR 79880), that implemented the 2021-2022 harvest
specifications and management measures for groundfish harvested in the
U.S. exclusive economic zone off the coasts of Washington, Oregon, and
California. That final rule was effective January 1, 2021. After
publication of the final rule, NMFS noted the need for four
corrections.
Corrections
The final rule for the 2021-2022 groundfish harvest specifications
and management measures (85 FR 79880; December 11, 2020) inadvertently
deleted the final waypoint for the line approximating the 100-fathom
depth contour coast-wide at the U.S. and Mexico border. This waypoint,
known as point #322, at 32[deg]34.22' North latitude (N lat.),
117[deg]21.20' West longitude (W. long.) was part of the regulations in
2020 and the Pacific Fishery Management Council (Council) did not
recommend to remove it through the 2021-2022 harvest specifications.
This final rule will add point #322 back into the list of waypoints for
the 100-fathom line. Without this point identified in the regulations,
it is difficult for members of industry to use their plotters to
identify the boundaries of the non-trawl RCA. Additionally, the
waypoint must be reinstated into the regulations in order for law
enforcement to correctly enforce the boundaries of the non-trawl RCA.
This correcting amendment would revise the regulations to reinstate the
missing waypoint.
In order to make the description of the depth contours off of
California consistent with the description used for Oregon and
Washington, the final rule noted in section ``V. Changes From the
Proposed Rule'' that the language describing the boundary lines in
Sec. 660.360(3)(i)(A)(1) and (2) would be changed from . . . is
prohibited seaward of the 30 fm (55m) depth contour . . . to . . . is
prohibited seaward of the boundary line approximating the 30 fm (55m)
depth contour . . . . However, the final rule inadvertently did not
change the regulatory text to include the updated description. This
correcting amendment would revise the language in Sec.
660.360(3)(i)(A)(1) and (2) to include the correct description of the
depth contours consistent with the intent of the 2021-2022 harvest
specifications final rule and the Council's intent. This clarification
is needed to provide consistency among sections in the regulations so
that the description of the depth contours for recreational closed
areas are consistent between the three states.
The final rule implemented the Council recommendation to remove the
gear restrictions for the limited-entry fixed-gear (LEFG) and open-
access (OA) fishery targeting stocks in the ``Other Flatfish'' complex
south of 42[deg] N lat. by removing the hook-and-line gear restriction
language from the LEFG and OA trip limit tables. However, NMFS
inadvertently did not remove the gear restriction from other sections
of the regulatory text. Specifically, the requirement to use no more
than 12 hooks, Number 2 or smaller, which measure no more than 11 mm
(0.44 inches) point to shank and up to two 1-lb (0.45 kg) weights per
line should have been removed in all places it appears in the
regulatory text and replaced with hook and line gear only. This final
rule would remove the gear restriction specifying the type and number
of hooks from the regulations so that the regulations are consistent
and follow the intent of the action. This correction is needed to
reduce confusion and inconsistencies in the regulatory text as to what
gears are allowed to be used inside the non-trawl RCA.
The final rule included a typographical error in the description of
the boundary lines south of 34[deg]27' N lat. for the non-groundfish
trawl RCA for California halibut, sea cucumber, and ridgeback prawns in
Table 3 (South) to Subpart F. Instead of stating the fathom lines of
the boundary, the boundaries are stated as 01/01/2021+A108:P133. This
final rule will correct the boundary from the 100 fm line to the 150 fm
line. This correction is needed to enforce the boundaries of this non-
groundfish trawl RCA and also to reduce confusion about the boundaries
among members of industry.
All of these corrections are consistent with the Council action for
the 2021-2022 groundfish harvest specifications and the public expects
the regulations to be written as in the correction. These are minor
corrections to correctly implement the Council's intent in their final
action taken in June 2020.
Classification
NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Act. In a previous action taken pursuant to section 304(b), the
Council designed the Pacific Coast Groundfish Fishery Management Plan
(FMP) to authorize NMFS to take this action pursuant to MSA section
305(d). See 50 CFR 660. The NMFS Assistant Administrator has determined
that this final rule is consistent with the FMP and other applicable
law.
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 related to the December 11,
2020 final rule (85 FR 79880). Immediate correction of the errors is
necessary to prevent confusion among participants in the fishery due to
conflicting gear restrictions and lack of waypoints to define boundary
lines that could result in issues with enforcement. To effectively
correct the errors, the changes in this action must be effective upon
publication as the fishery has already begun. Thus, there is not
sufficient time for notice and comment. In addition, notice and comment
is unnecessary because this notice makes only minor changes to correct
inadvertent errors related to the December 11, 2020 final rule (85 FR
79880). These corrections will not affect the results of analyses
conducted to support management decisions in the Pacific Coast
groundfish fishery. These corrections are consistent with the Council's
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 makes only minor corrections to the final rule
which was effective January 1, 2021. 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 14381]]
This final rule is not significant under Executive Order 12866.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, and Indian fisheries.
Dated: March 10, 2021.
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 by making the following correcting amendments:
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. In Sec. 660.73, add paragraph (a)(322) to read as follows:
Sec. 660.73 Latitude/longitude coordinates defining the 100 fm (183
m) through 150 fm (274 m) depth contours.
* * * * *
(a) * * *
(322) 32[deg]34.22' N lat., 117[deg]21.20' W long.
* * * * *
0
3. In Sec. 660.230, revise paragraph (d) introductory text, add
paragraph (d)(10)(i), and revise paragraphs (d)(11)(iv) and (d)(12) and
(13) to read as follows:
Sec. 660.230 Fixed gear fishery--management measures.
* * * * *
(d) Groundfish conservation areas. GCAs are defined by coordinates
expressed in degrees of latitude and longitude. The latitude and
longitude coordinates of the GCA boundaries are specified at Sec. Sec.
660.70 through 660.74. A vessel that is authorized by this paragraph to
fish within a GCA (e.g., fishing for ``other flatfish'' with hook and
line gear only), may not simultaneously have other gear on board the
vessel that is unlawful to use for fishing within the GCA. The
following GCAs apply to vessels participating in the limited entry
fixed gear fishery.
* * * * *
(10) * * *
(i) Fishing for ``other flatfish'' is permitted within the CCAs
with hook and line gear only; and provided a valid declaration report
as required at Sec. 660.13(d), subpart C, has been filed with NMFS
OLE.
* * * * *
(11) * * *
(iv) It is lawful to fish within the nontrawl RCA with limited
entry fixed gear using hook and line gear only when trip limits
authorize such fishing, and provided a valid declaration report as
required at Sec. 660.13(d), subpart C, has been filed with NMFS OLE.
(12) Farallon Islands. Under California law, commercial fishing for
all groundfish is prohibited between the shoreline and the 10 fm (18 m)
depth contour around the Farallon Islands. An exception to this
prohibition is that commercial fishing for ``other flatfish'' is
allowed around the Farallon Islands using hook and line gear only. (See
Table 2 (South) of this subpart.) For a definition of the Farallon
Islands, see Sec. 660.70, subpart C.
(13) Cordell Banks. Commercial fishing for groundfish is prohibited
in waters of depths less than 100 fm (183 m) around Cordell Banks, as
defined by specific latitude and longitude coordinates at Sec. 660.70,
subpart C. An exception to this prohibition is that commercial fishing
for ``other flatfish'' is allowed around Cordell Banks using hook and
line gear only.
* * * * *
0
4. Revise Table 2 (North) and Table 2 (South) to part 660, subpart E,
to read as follows:
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[[Page 14383]]
[GRAPHIC] [TIFF OMITTED] TR16MR21.001
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5. In Sec. 660.330, revise paragraphs (d) introductory text,
(d)(11)(i), (d)(12)(iv), and (d)(14) and (15) to read as follows:
Sec. 660.330 Open access fishery--management measures.
* * * * *
(d) Groundfish conservation areas (GCAs). GCAs, a type of closed
area, are defined at Sec. 660.11 and with latitude and longitude
coordinates at Sec. Sec. 660.70 through 660.74. A vessel that is
authorized by this paragraph to fish within a GCA (e.g., fishing for
``other flatfish'' using hook and line gear only), may not
simultaneously have other gear on board the vessel that is unlawful to
use for fishing within the GCA. The following GCAs apply to vessels
participating in the open access groundfish fishery.
* * * * *
(11) * * *
(i) Fishing for ``other flatfish'' is allowed within the CCAs with
hook and line gear only; and provided a valid declaration report as
required at Sec. 660.13(d), has been filed with NMFS OLE.
* * * * *
(12) * * *
(iv) Fishing for ``other flatfish'' off California (between 42[deg]
N lat. south to the U.S./Mexico border) is allowed within the nontrawl
RCA with hook and line gear only; and provided a valid declaration
report as required at Sec. 660.13(d), has been filed with NMFS OLE.
* * * * *
(14) Farallon Islands. Under California law, commercial fishing for
all groundfish is prohibited between the shoreline and the 10 fm (18 m)
depth contour around the Farallon Islands. An
[[Page 14384]]
exception to this prohibition is that commercial fishing for ``other
flatfish'' is allowed around the Farallon Islands using hook and line
gear only. (See Table 2 (South) of this subpart.) For a definition of
the Farallon Islands, see Sec. 660.70, subpart C.
(15) Cordell Banks. Commercial fishing for groundfish is prohibited
in waters of depths less than 100-fm (183-m) around Cordell Banks, as
defined by specific latitude and longitude coordinates at Sec. 660.70,
subpart C. An exception to this prohibition is that commercial fishing
for ``other flatfish'' is allowed around Cordell Banks using hook and
line gear only.
* * * * *
0
6. Revise Table 3 (North) and Table 3 (South) to part 660, subpart F,
to read as follows:
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[GRAPHIC] [TIFF OMITTED] TR16MR21.002
[[Page 14385]]
[GRAPHIC] [TIFF OMITTED] TR16MR21.003
[[Page 14386]]
[GRAPHIC] [TIFF OMITTED] TR16MR21.004
0
7. In Sec. 660.360, revise paragraphs (c)(3)(i)(A)(1) and (2) to read
as follows:
Sec. 660.360 Recreational fishery--management measures.
* * * * *
(c) * * *
(3) * * *
(i) * * *
(A) * * *
(1) Between 42[deg] N lat. (California/Oregon border) and
40[deg]10' N lat. (Northern Management Area), recreational fishing for
all groundfish (except petrale sole, starry flounder, and ``Other
Flatfish'' as specified in paragraph (c)(3)(iv) of this section) is
closed from January 1 through April 30; is prohibited seaward of the
boundary line approximating the 30 fm (55 m) depth contour along the
mainland coast and along islands and offshore seamounts from May 1
through October 31 (shoreward of 30 fm is open); and is open at all
depths from November 1 through December 31.
(2) Between 40[deg]10' N lat. and 38[deg]57.50' N lat. (Mendocino
Management Area), recreational fishing for all groundfish (except
petrale sole, starry flounder, and ``Other Flatfish'' as specified in
paragraph (c)(3)(iv) of this section) is closed from January 1 through
April 30; prohibited seaward of the boundary line approximating the 30
fm (55 m) depth contour along the mainland coast and along islands and
offshore seamounts from May 1 through October 31 (shoreward of 30 fm is
open), and is open at all depths from November 1 through December 31.
* * * * *
[FR Doc. 2021-05359 Filed 3-15-21; 8:45 am]
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