[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.
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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
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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.
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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]
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