Fisheries Off West Coast States; Emergency Action to Temporarily Extend the Primary Sablefish Fishery Season; Correction, 14693-14694 [2021-05560]

Download as PDF Federal Register / Vol. 86, No. 51 / Thursday, March 18, 2021 / Rules and Regulations 6. On page 84665 in Table 28: CY 2021 Work RVUs for New, Revised and Potentially Misvalued Codes, the second column, the third row, the phrase ‘‘Take-home supply of auto-injector naloxone’’ is corrected to read ‘‘Takehome supply of injectable naloxone’’. Dated: March 12, 2021. Wilma M. Robinson, Deputy Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2021–05548 Filed 3–16–21; 8:45 am] BILLING CODE 4120–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 210312–0054] RIN 0648–BK15 Fisheries Off West Coast States; Emergency Action to Temporarily Extend the Primary Sablefish Fishery Season; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Correcting amendment. AGENCY: This action corrects the regulations governing the West Coast Sablefish Primary fishery after the expiration of the emergency rule to temporarily extend the 2020 season for the Sablefish Primary fishery. The amendatory instructions for the temporary rule were written incorrectly so that when the temporary rule expired, important regulations were removed and reserved rather than reinstated correctly. These corrections are necessary so the regulations accurately implement the Pacific Fishery Management Council’s intent. DATES: This correction is effective March 18, 2021. FOR FURTHER INFORMATION CONTACT: Colin Sayre, phone: (206) 526 4656 or email: colin.sayre@noaa.gov. SUPPLEMENTARY INFORMATION: NMFS published a temporary emergency rule on October 27, 2020 (85 FR 68001), that extended the season length for the West Coast Sablefish Primary fishery. The temporary rule extended the season close date from October 31 to December 31 for the 2020 fishing year, based on a recommendation from the Pacific Fishery Management Council (the Council) during its September 2020 jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 15:53 Mar 17, 2021 Jkt 253001 meeting. The temporary rule expired at noon on December 31, 2020. After expiration of the temporary rule, NMFS noted the need for two corrections. Corrections This action corrects the regulations governing the West Coast Sablefish Primary fishery. The season dates for the sablefish primary fishery have historically run from April 1 until October 31 and were established in regulations under Amendment 14 to the Pacific Coast Groundfish Fishery Management Plan (August 7, 2001; 66 FR 41152). The amendatory instructions for the temporary rule (October 27, 2020; 85 FR 68001) were written incorrectly so that when the temporary rule expired, two important regulations were reserved rather than reinstated correctly. Specifically, the season dates codified at § 660.231(b)(1) were inadvertently removed and reserved. This correction will reinstate that paragraph which sets out the season dates for this fishery. The reinstated season dates are April 1 to October 31. Additionally, NMFS inadvertently removed and reserved a paragraph referring to the season dates for the primary sablefish fishery at § 660.213(d)(2) as part of the recordkeeping and reporting requirements for the fishery. This correction will reinstate that paragraph. These two corrections are consistent with the Council action to extend the season length for the West Coast Sablefish Primary fishery temporarily for the 2020 fishing year, and are needed to correctly implement the intent of the Council’s recommendation in September 2020. The substance of the text is unchanged from what was in existing regulations prior to the October 27, 2020 temporary rule. 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 public interest. Notice and comment are unnecessary and contrary to the public interest because this action corrects inadvertent errors related to the October 27, 2020 temporary rule. Immediate correction of the errors is necessary to prevent confusion among participants in the fishery that could result in issues with enforcement of season dates for the fishery. To effectively correct the errors, the changes in this action must be effective upon publication as the fishery will begin on April 1, 2021. Thus, there PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 14693 is not sufficient time for notice and comment. In addition, notice and comment is unnecessary because this correcting amendment reinstates previously established regulations and corrects inadvertent errors related to the October 27, 2020 temporary rule. These corrections will not affect the results of analyses conducted to support management decisions in the Pacific coast groundfish fishery. 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 correcting amendment reinstates season dates in previously established regulations that should have been reinstated following expiration of the October 27 temporary rule. 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. List of Subjects in 50 CFR Part 660 Fisheries, Fishing, and Indian Fisheries. Dated: March 12, 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 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 § 660.213(d)(2), add paragraph (d)(2) to read as follows: ■ § 660.213 Fixed gear fishery— recordkeeping and reporting. * * * * * (d) * * * (2) For participants in the sablefish primary season, the cumulative limit period to which this requirement E:\FR\FM\18MRR1.SGM 18MRR1 14694 Federal Register / Vol. 86, No. 51 / Thursday, March 18, 2021 / Rules and Regulations applies is April 1 through October 31 or, for an individual vessel owner, when the tier limit for the permit(s) registered to the vessel has been reached, whichever is earlier. * * * * * ■ 3. In § 660.231, add paragraph (b)(1) to read as follows: § 660.231 Limited entry fixed gear sablefish primary fishery. * * * * * (b) * * * (1) Season dates. North of 36° N lat., the sablefish primary season for the limited entry, fixed gear, sablefishendorsed vessels begins at 12 noon local time on April 1 and closes at 12 noon local time on October 31, or closes for an individual vessel owner when the tier limit for the sablefish endorsed permit(s) registered to the vessel has been reached, whichever is earlier, unless otherwise announced by the Regional Administrator through the routine management measures process described at § 660.60(c). * * * * * [FR Doc. 2021–05560 Filed 3–17–21; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 210217–0022; RTID 0648– XA946] Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher/Processors Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and jbell on DSKJLSW7X2PROD with RULES AGENCY: VerDate Sep<11>2014 15:53 Mar 17, 2021 Jkt 253001 Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AFA trawl catcher/processors in the BSAI be treated as prohibited species in accordance with § 679.21(b). NMFS is prohibiting retention of Pacific cod by American Fisheries Act (AFA) trawl catcher/processors in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary because the Pacific cod total allowable catch allocated to AFA trawl catcher/processors in the BSAI has been reached. DATES: Effective 1200 hours, Alaska local time (A.l.t.), March 15, 2021, through 2400 hours, A.l.t., December 31, 2021. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2021 Pacific cod total allowable catch allocated to AFA trawl catcher/ processors is 2,571 metric tons (mt) as established by the final 2021 and 2022 harvest specifications for groundfish in the BSAI (86 FR 11449, February 25, 2021). In accordance with § 679.20(d)(2), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the Pacific cod total allowable catch allocated to the AFA trawl catcher/processors in the BSAI has been reached. Therefore, NMFS is requiring that Pacific cod caught by Classification SUMMARY: PO 00000 Frm 00006 Fmt 4700 Sfmt 9990 NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR part 679, which was issued pursuant to section 304(b), and is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment would be impracticable and contrary to the public interest, as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay prohibiting retention of Pacific cod by AFA trawl catcher/ processors in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of March 12, 2021. Authority: 16 U.S.C. 1801 et seq. Dated: March 15, 2021. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–05652 Filed 3–15–21; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\18MRR1.SGM 18MRR1

Agencies

[Federal Register Volume 86, Number 51 (Thursday, March 18, 2021)]
[Rules and Regulations]
[Pages 14693-14694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05560]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 210312-0054]
RIN 0648-BK15


Fisheries Off West Coast States; Emergency Action to Temporarily 
Extend the Primary Sablefish Fishery Season; Correction

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

ACTION: Correcting amendment.

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SUMMARY: This action corrects the regulations governing the West Coast 
Sablefish Primary fishery after the expiration of the emergency rule to 
temporarily extend the 2020 season for the Sablefish Primary fishery. 
The amendatory instructions for the temporary rule were written 
incorrectly so that when the temporary rule expired, important 
regulations were removed and reserved rather than reinstated correctly. 
These corrections are necessary so the regulations accurately implement 
the Pacific Fishery Management Council's intent.

DATES: This correction is effective March 18, 2021.

FOR FURTHER INFORMATION CONTACT: Colin Sayre, phone: (206) 526 4656 or 
email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS published a temporary emergency rule on 
October 27, 2020 (85 FR 68001), that extended the season length for the 
West Coast Sablefish Primary fishery. The temporary rule extended the 
season close date from October 31 to December 31 for the 2020 fishing 
year, based on a recommendation from the Pacific Fishery Management 
Council (the Council) during its September 2020 meeting. The temporary 
rule expired at noon on December 31, 2020. After expiration of the 
temporary rule, NMFS noted the need for two corrections.

Corrections

    This action corrects the regulations governing the West Coast 
Sablefish Primary fishery. The season dates for the sablefish primary 
fishery have historically run from April 1 until October 31 and were 
established in regulations under Amendment 14 to the Pacific Coast 
Groundfish Fishery Management Plan (August 7, 2001; 66 FR 41152). The 
amendatory instructions for the temporary rule (October 27, 2020; 85 FR 
68001) were written incorrectly so that when the temporary rule 
expired, two important regulations were reserved rather than reinstated 
correctly. Specifically, the season dates codified at Sec.  
660.231(b)(1) were inadvertently removed and reserved. This correction 
will reinstate that paragraph which sets out the season dates for this 
fishery. The reinstated season dates are April 1 to October 31.
    Additionally, NMFS inadvertently removed and reserved a paragraph 
referring to the season dates for the primary sablefish fishery at 
Sec.  660.213(d)(2) as part of the recordkeeping and reporting 
requirements for the fishery. This correction will reinstate that 
paragraph.
    These two corrections are consistent with the Council action to 
extend the season length for the West Coast Sablefish Primary fishery 
temporarily for the 2020 fishing year, and are needed to correctly 
implement the intent of the Council's recommendation in September 2020. 
The substance of the text is unchanged from what was in existing 
regulations prior to the October 27, 2020 temporary rule.

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 public interest. Notice and 
comment are unnecessary and contrary to the public interest because 
this action corrects inadvertent errors related to the October 27, 2020 
temporary rule. Immediate correction of the errors is necessary to 
prevent confusion among participants in the fishery that could result 
in issues with enforcement of season dates for the fishery. To 
effectively correct the errors, the changes in this action must be 
effective upon publication as the fishery will begin on April 1, 2021. 
Thus, there is not sufficient time for notice and comment. In addition, 
notice and comment is unnecessary because this correcting amendment 
reinstates previously established regulations and corrects inadvertent 
errors related to the October 27, 2020 temporary rule. These 
corrections will not affect the results of analyses conducted to 
support management decisions in the Pacific coast groundfish fishery. 
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 correcting amendment reinstates season dates in previously 
established regulations that should have been reinstated following 
expiration of the October 27 temporary rule. 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.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian Fisheries.

    Dated: March 12, 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 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.  660.213(d)(2), add paragraph (d)(2) to read as follows:


Sec.  660.213   Fixed gear fishery--recordkeeping and reporting.

* * * * *
    (d) * * *
    (2) For participants in the sablefish primary season, the 
cumulative limit period to which this requirement

[[Page 14694]]

applies is April 1 through October 31 or, for an individual vessel 
owner, when the tier limit for the permit(s) registered to the vessel 
has been reached, whichever is earlier.
* * * * *

0
3. In Sec.  660.231, add paragraph (b)(1) to read as follows:


Sec.  660.231   Limited entry fixed gear sablefish primary fishery.

* * * * *
    (b) * * *
    (1) Season dates. North of 36[deg] N lat., the sablefish primary 
season for the limited entry, fixed gear, sablefish-endorsed vessels 
begins at 12 noon local time on April 1 and closes at 12 noon local 
time on October 31, or closes for an individual vessel owner when the 
tier limit for the sablefish endorsed permit(s) registered to the 
vessel has been reached, whichever is earlier, unless otherwise 
announced by the Regional Administrator through the routine management 
measures process described at Sec.  660.60(c).
* * * * *

[FR Doc. 2021-05560 Filed 3-17-21; 8:45 am]
BILLING CODE 3510-22-P