Fisheries of the Exclusive Economic Zone off Alaska; Reclassifying Sculpin Species in the Groundfish Fisheries of the Bering Sea and Aleutian Islands and the Gulf of Alaska; Correcting Amendment, 74386-74389 [2021-28232]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 86, Number 248 (Thursday, December 30, 2021)]
[Rules and Regulations]
[Pages 74386-74389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28232]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 211221-0266]
RIN 0648-BL04


Fisheries of the Exclusive Economic Zone off Alaska; 
Reclassifying Sculpin Species in the Groundfish Fisheries of the Bering 
Sea and Aleutian Islands and the Gulf of Alaska; Correcting Amendment

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

ACTION: Final rule; correcting amendment.

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SUMMARY: The National Marine Fisheries Service is correcting 
regulations published in a final rule on July 10, 2020, which 
reclassified sculpins as Ecosystem Component (EC) category, non-target 
species in both the Bering Sea/Aleutian Islands (BSAI) (Amendment 121) 
and Gulf of Alaska (Amendment 110) Groundfish Fishery Management Plans 
(FMPs). In the implementing regulations, footnotes requiring the full 
retention of all rockfish species by catcher vessels (CVs) using hook-
and-line, pot, or jig gear in the BSAI (Amendment 119) and Gulf of 
Alaska (Amendment 107) were unintentionally omitted from Tables 10 and 
11 to 50 CFR part 679. This correcting amendment is therefore necessary 
to restore the footnotes as published in the final rule implementing 
Amendments 119 and 107 and to make other minor corrections.

DATES: Effective December 30, 2021.

FOR FURTHER INFORMATION CONTACT: Mason Smith, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Need for Correction

    The National Marine Fisheries Service (NMFS) published a rule 
reclassifying sculpins as EC category, non-target species in both the 
BSAI (Amendment 121) and Gulf of Alaska (Amendment 110) Groundfish FMPs 
in the Federal Register on July 10, 2020 (85 FR 41427). This rule 
became effective on August 10, 2020. NMFS has identified footnote 
errors in that final rule within Table 10 to 50 CFR part 679 (Gulf of 
Alaska Retainable Percentages) and Table 11 to 50 CFR part 679 (BSAI 
Retainable Percentage). These tables, associated errors, and 
corrections to each table are discussed below.

Corrections to Table 10 to 50 CFR Part 679--Gulf of Alaska Retainable 
Percentages

    Table 10 describes the maximum retainable amount (MRA) of 
groundfish in the Gulf of Alaska when NMFS prohibits directed fishing 
for those species. This table was modified in a rule published on July 
10, 2020 (85 FR 41427), which reclassified sculpins in the Gulf of 
Alaska (Amendment 110) Groundfish FMP as EC category, non-target 
species. However, the implementing regulations unintentionally omitted 
footnotes from Table 10, which were added to Table 10 a few months 
prior in the final rule implementing Amendment 107 to the Gulf of 
Alaska Groundfish FMP.
    The final rule implementing Amendment 107 was published on February 
20, 2020 (85 FR 9687) and required the full retention of rockfish that 
are caught by CVs using hook-and-line, pot, or jig gear. Since the 
majority of rockfish do not survive capture, this amendment was 
intended to decrease waste in the fishery. In addition, Amendment 107 
was intended to improve identification of rockfish species by vessels 
using electronic monitoring, reduce overall enforcement burden, and 
promote consistency between State and Federal fisheries. This 
correcting amendment is therefore necessary to restore the footnotes in 
Table 10, as published in the final rule implementing Amendment 107. 
This correcting amendment makes the following corrections to Table 10:
     In the Notes to Table 10 to 50 CFR part 679, the following 
statement is restored under note 1 (Shortraker/rougheye rockfish): 
``Catcher vessels using hook-and-line, pot, or jig gear are required to 
retain all rockfish. See Sec.  679.20(j);'' and
     In the Notes to Table 10 to 50 CFR part 679, the following 
statement is restored under note 7 (Aggregated rockfish): ``Catcher 
vessels using hook-and-line, pot, or jig gear are required to retain 
all rockfish. See Sec.  679.20(j).''
    In addition, after reviewing Table 10, NMFS determined that there 
are two minor additional errors that need to be corrected in Table 10:
     In Table 10 to 50 CFR part 679, amend note in header to 
read as: ``for DSR caught on catcher vessels in the SEO, see Sec.  
679.20 (j);'' and
     In Table 10 to 50 CFR part 679, the reference to note 9 is 
removed from the ``n/a'' in the cell at the intersection of the Pacific 
cod basis species row and the Pacific cod incidental catch species 
column.

Corrections to Table 11 to 50 CFR Part 679--BSAI Retainable Percentages

    Table 11 describes the MRA of groundfish in the BSAI when NMFS 
prohibits directed fishing of those species. This table was modified in 
a rule published on July 10, 2020 (85 FR 41427), which reclassified 
sculpins in the BSAI (Amendment 121) Groundfish FMP as EC category, 
non-target species. However, the implementing regulations 
unintentionally omitted footnotes from Table 11, which were added to 
Table 11 a few months prior in the final rule implementing Amendment 
119 to the BSAI Groundfish FMP.
    Amendment 119 was implemented in a rule published on February 20, 
2020 (85 FR 9687) and required the full retention of rockfish that are 
caught by CVs using hook-and-line, pot, or jig gear. Since the majority 
of rockfish do not survive capture, this amendment was intended to 
decrease waste in the fishery. In addition, Amendment 119 was intended 
to improve identification of rockfish species by vessels using 
electronic monitoring, reduce overall enforcement burden, and promote 
consistency between State and Federal fisheries. This correcting 
amendment is therefore necessary to restore the footnotes in Table 11, 
as published in the final rule implementing Amendment 119. This 
correcting amendment makes the following corrections in Table 11:
     In Table 11 to 50 CFR part 679, a reference to footnote 9 
is restored to the Shortraker/rougheye column header;
     In Table 11 to 50 CFR part 679, the following statement is 
restored to footnote 6: ``Catcher vessels using hook-and-line, pot, or 
jig gear are required to retain all rockfish. See Sec.  679.20(j); and
     In Table 11 to 50 CFR part 679, the following statement is 
restored to footnote 9: ``Catcher vessels using hook-and-line, pot, or 
jig gear are required to retain all rockfish. See Sec.  679.20(j).''

Classification

    The NOAA Assistant Administrator (AA) for Fisheries finds there is 
good cause to waive the requirement to provide prior notice and 
opportunity for public comment on this action pursuant to the authority 
set forth at 5 U.S.C. 553(b)(B), as such requirement is unnecessary and 
contrary to the public interest. This correcting amendment

[[Page 74387]]

corrects unintentional errors to Table 10 footnotes as well as the 
unintentional omission of footnotes to Tables 10 and 11, as described 
above. These revisions do not change operating practices in the 
fisheries, and is consistent with the Council's intent for Amendments 
107/119 and Amendments 110/121. During the public comment period for 
the rule requiring full retention of rockfish in the Gulf of Alaska and 
BSAI (85 FR 9687, February 20, 2020), the public was provided with 
notice and opportunity to comment, so additional opportunity for public 
comment at this point would not be meaningful. Additionally, these 
revisions are necessary to avoid public confusion from the 
unintentional omissions and errors. Therefore, the AA finds good cause 
to waive the requirement to provide prior notice and opportunity for 
public comment.
    For the same reasons stated above, the AA also finds good cause 
under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date 
and make this rule effective immediately upon publication. Because 
prior notice and opportunity for public comment are not required 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 inapplicable.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.
    This final rule is not significant for the purposes of Executive 
Order 12866.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: December 21, 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 679 is amended 
as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
1. The authority citation for part 679 continues to read as follows:

    Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447; Pub. L. 111-281.


0
2. Revise Table 10 to Part 679--Gulf of Alaska Retainable Percentage, 
to read as follows:
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[FR Doc. 2021-28232 Filed 12-29-21; 8:45 am]
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