[Federal Register Volume 67, Number 85 (Thursday, May 2, 2002)]
[Rules and Regulations]
[Pages 22008-22018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10949]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 010313063-1297-02; I.D. 121200A]
RIN 0648-AO20


Fisheries of the Exclusive Economic Zone off Alaska; Revisions to 
Recordkeeping and Reporting Requirements

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

ACTION: Final rule; correction.

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SUMMARY: This document contains corrections to the final rule that was 
published in the Federal Register on January 28, 2002 (67 FR 4100), 
which revised certain recordkeeping and reporting (R&R) requirements 
for groundfish fisheries in the Exclusive Economic Zone off Alaska. 
This action is necessary to correct errors and omissions that occurred 
in the final rule.

DATES: Effective May 1, 2002.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7008.

SUPPLEMENTARY INFORMATION:

Background

    A final rule was published in the Federal Register on January 28, 
2002 (67 FR 4100) (R&R rule) to revise certain provisions of the 
recordkeeping and reporting (R&R) requirements for groundfish fisheries 
in the Exclusive Economic Zone off Alaska. This rule makes minor 
corrections to that final rule and corrects errors caused by conflicts 
with the Steller Sea Lion Emergency Rule (67 FR 956, January 8, 2002) 
(SSL Rule). Specifically, some paragraphs are redesignated for 
consistency between the SSL Rule and the R&R final rule; Table 9 is 
republished to reflect VMS changes made in the SSL rule; the footnote 
numbers in Table 10 are correctly sequenced; and Table 11 is 
republished to reflect changes to groundfish species group descriptions 
made in the 2002 Harvest Specifications (67 FR 956, January 8, 2002).

Classification

    The Assistant Administrator for Fisheries, NOAA, finds good cause 
to waive the requirement to provide prior notice and opportunity for 
public comment under the authority set forth at 5 U.S.C. 553(b)(3)(B). 
Rationale for this finding is that prior notice and comment are 
unnecessary because the terms this action changes will have no 
substantive effect on the regulated public. This action does not 
substantively alter the regulations. The changes are considered to be 
minor technical amendments that involve little exercise of agency 
discretion. Further, prior notice and comment would be contrary to the 
public interest because it would prolong the inaccurate language that 
currently exists in the regulations. Therefore, the Assistant 
Administrator for Fisheries, NOAA, waives the 30-day delay in effective 
date under 5 U.S.C. 553(d).

Need for Corrections

    The final rule, FR Doc. 02-1875, published in the issue of January 
28, 2002 (67 FR 4100), is corrected as follows:

                          Corrections to Tables
------------------------------------------------------------------------
      What is the correction?         Why is the correction necessary?
------------------------------------------------------------------------
On page 4142, Table 9, last line    VMS requirements were established in
 is corrected by removing ``Atka     the SSL final rule for pollock,
 mackerel or AFA pollock'' and       Pacific cod, and Atka mackerel.
 adding in its place ``Atka          This change to Table 9 was
 mackerel, pollock, or Pacific       inadvertently omitted from the R&R
 cod''.                              rule and is corrected.
On pages 4143 through 4145, Table   In the final rule, target species
 10 is corrected by removing the     descriptions were moved from the
 incorrect table and adding in its   temporary annual specifications to
 place a correct version.            the footnotes of Table 10 to this
                                     part. The basis species are
                                     reordered by species code number in
                                     numerical order; as a result the
                                     footnote numbers are revised for
                                     correct sequencing.

[[Page 22009]]

 
On page 4146, Table 11 is           In the final rule, target species
 corrected by removing the           descriptions were moved from the
 incorrect table and adding in its   temporary annual specifications to
 place a correct version.            the footnotes of Tables 10 and 11
                                     to this part. An outdated version
                                     of Table 11 inadvertently was
                                     published. The basis species are
                                     reordered by species code number in
                                     numerical order; as a result the
                                     footnote numbers are revised.
                                    In the first column, ``Shortaker/
                                     Rougheye'' is replaced with
                                     ``Shortraker/rougheye'' and the
                                     incorrect code (171) is replaced
                                     with (152/151).
                                    In addition, Table 11 is revised to
                                     reflect changes made in the 2002
                                     Harvest Specifications (67 FR 956,
                                     January 8, 2002).
                                    Footnote 1 is redesignated as
                                     footnote 2, and revised to read
                                     ``Other flatfish includes all
                                     flatfish species, except for
                                     Pacific halibut (a prohibited
                                     species), flathead sole, Greenland
                                     turbot, rock sole, yellowfin sole,
                                     Alaska plaice, and arrowtooth
                                     flounder.'' Alaska plaice is
                                     removed from ``other flatfish'' and
                                     becomes a unique category. A new
                                     column entitled ``Alaska plaice''
                                     is added with the same values as
                                     ``other flatfish''.
                                    Footnote 2 is redesignated as
                                     footnote 6 and revised by removing
                                     ``except in the Aleutian Islands
                                     Subarea where shortraker and
                                     rougheye rockfish is a separate
                                     category'' and adding in its place
                                     ``except shortraker and rougheye
                                     rockfish.'' Shortraker/rougheye
                                     rockfish are now managed in both
                                     the BS and the AI rather than just
                                     the AI, so the limitation to AI
                                     subarea is removed.
                                    Footnote 3 is redesignated as
                                     footnote 7 and revised by removing
                                     ``Table 1'' and adding in its place
                                     ``Table 2''.
                                    Footnote 4 is redesignated as
                                     footnote 5.
                                    Footnote 5 is redesignated as
                                     footnote 1.
                                    Footnote 6 is redesignated as
                                     footnote 3 and revised by removing
                                     ``sharpchin,''. Sharpchin rockfish
                                     is now included in ``other
                                     rockfish''.
                                    Footnote 7 is removed.
                                    Footnote 8 is redesignated as
                                     footnote 4 and revised by removing
                                     ``as defined at Sec.  679.2'' and
                                     replacing it with ``as defined in
                                     Table 2 to this part.''
------------------------------------------------------------------------


             Correction to Amendatory Instruction Paragraphs
------------------------------------------------------------------------
      What is the correction?       Why is the the correction necessary?
------------------------------------------------------------------------
On page 4107, in the third column,  The redesignation of paragraph
 amendatory instruction 3, line 2    679.4(a)(7) was inadvertently
 is corrected by removing            omitted from instruction paragraph
 ``(a)(6)'' and adding in its        3.
 place ``(a)(7)''.
On page 4107, in the third column,
 amendatory instruction 3, line 3
 is corrected by replacing
 ``(a)(8)'' and adding in its
 place ``(a)(9)''.
On page 4108, third column,         A typographic error is corrected in
 amendatory instruction 4, 4th       instruction paragraph 4.
 line is corrected by removing
 ``(l)(7)(i)(C)(4)(i)'' and adding
 in its place
 ``(l)(7)(ii)(C)(4)(i)''.
------------------------------------------------------------------------


                Corrections Due to Conflict With SSL Rule
------------------------------------------------------------------------
      What is the correction?       Why is the the correction necessary?
------------------------------------------------------------------------
Corrections due to conflicts with   A timing conflict between the R&R
 SSL rule On page 4108, second       final rule (67 FR 4100, 1-28-02)
 column, following paragraph         and SSL emergency rule (67 FR 956,
 (b)(5)(iv) and before the           1-8-02) resulted in loss of
 asterisks, add the following:       regulatory text because the two
 ``(v) Signature. The owner or       documents final rule (67 FR 4100, 1-
 agent of the owner of the vessel    28-02) and the SSL emergency rule
 must sign and date the              (67 FR 956, 1-8-02) were prepared
 application. If the owner is a      independently and were not being
 company, the agent of the owner     coordinated; in the confusion
 must sign and date the              resulting from those two documents
 application.''                      revising the same paragraph in the
``(vi) (Applicable through July 8,   same regulation at the same time,
 2002) If the vessel will be using   paragraphs Sec.  679.4(b)(5)(v),
 pot, hook-and-line, or trawl gear   Sec.  679.4(b)(5)(iv)(E) and Sec.
 in the directed fisheries for       679.4(b)(5)(iv)(F) were removed.
 pollock, Atka mackerel or Pacific   Because the erroneous mistake
 cod in the GOA or in the BSAI.      inadvertently deleted paragraphs
(vii) (Applicable through July 8,    that should not have been deleted,
 2002) If the vessel owner will be   the paragraphs had to be added to
 fishing in the harvest limit area   restore them to the regulations.
 in Statistical Areas 542 or 543     This correction adds the previously
 in the directed fishery for Atka    deleted text as paragraphs Sec.
 mackerel.''                         679.4(b)(5)(v), Sec.
                                     679.4((b)(5)(vi), and Sec.
                                     679.4(b)(5)(vii).
On page 4132, first column, 8th     The SSL rule added a paragraph
 full paragraph, insert after line   (n)(2)(iii)(A)(4). The R&R rule
 5:                                  reorganized paragraph (n)(2)(iii)
 ``(4) (Applicable through July 8,   and the new paragraph (A)(4) was
 2002) Indicate the intended         inadvertently omitted. This error
 target species.''                   is corrected by redesignating and
                                     adding paragraph
                                     679.5(n)(iii)(B)(4).
------------------------------------------------------------------------


[[Page 22010]]


                        Miscellaneous Corrections
------------------------------------------------------------------------
      What is the correction?       Why is the the correction necessary?
------------------------------------------------------------------------
On page 4107, second column, 3rd    Correction of a typographic error in
 paragraph, 4th line, starting       the definition of ``Sablefish
 with ``Sablefish (black cod)'' is   (black cod).'' The cross reference
 corrected by removing               was printed incorrectly.
 ``679.31(b)'' and adding in its
 place ``679.21(b)(5)''.
On page 4112, the second row of in- Correction of a typographic error in
 text table, line 3 is corrected     paragraph 679.5(a)(7)(iv)(C)(7).
 by removing ``0'' and
 adding in its place ``0''.
On page 4123, the fourth row of in- When completing a PTR, the name and
 text table, third column, 3rd       address of the transporting agent
 line is corrected by adding ``(if   supplies the necessary information
 available)'' after the word         to verify shipments. The name of
 ``name''.                           the vessel transporting the van is
                                     not always known at the time the
                                     PTR is completed. A phrase to this
                                     effect was inadvertently omitted at
                                     679.5(g)(4)(ii)(C)(33)(i).
On page 4129, the first column,     When completing the IFQ landing
 15th full paragraph, 5th row is     report on the ATM, the software
 corrected by removing ``(in         program asks whether weight is
 pounds)'' and adding in its place   reported in pounds or metric tons.
 ``(in pounds or to the nearest      If metric tons, the calculation is
 thousandth of a metric ton)''.      made to the nearest thousandth of a
                                     metric ton. This was inadvertently
                                     omitted from 679.5(l)(2)(vi)(J)(1)
                                     and is corrected here.
On page 4133, the third column,     Paragraph 679.42(c)(2)is corrected
 4th full paragraph after in-text    by removing the last sentence of
 table, 3rd and 4th lines are        the paragraph, which is outdated
 corrected by removing: ``A CDQ or   language and should be removed.
 IFQ account will be debited as      Table 3 to this part does not refer
 indicated in Table 3 to this        to CDQ or IFQ debits.
 part.''.
------------------------------------------------------------------------


    On pages 4149 through 4161, the replacement table is corrected as
                                follows:
------------------------------------------------------------------------
      What is the correction?       Why is the the correction necessary?
------------------------------------------------------------------------
Revise definition of ``area/        Area/species endorsement definition,
 species endorsement.''              paragraphs (1) through (7). The
                                     definition of ``area/species
                                     endorsement'' on page 4106 was
                                     revised in the R&R final rule to
                                     refer the reader to Figures 16 and
                                     17 for further information. This
                                     definition revision satisfies the
                                     need for a cross reference to the
                                     figures. This definition revision
                                     supercedes the need to make the
                                     changes that were indicated in the
                                     replacement table for its
                                     subparagraphs. In order to correct
                                     this, the instructions remove
                                     mention of the figures.
Delete the extra word ``bycatch''   Authorized distributor definition on
 in the definition of ``Authorized   page 4150 of the R&R final rule. A
 distributor'' on page 4150.         global change was made in the R&R
                                     final rule to change the term
                                     ``bycatch'' under certain
                                     conditions to read ``incidental
                                     catch.'' The definition for
                                     ``Authorized distributor'' was
                                     affected by that change but the
                                     replacement table contained a
                                     typographical error that made the
                                     replacement incorrect. The error is
                                     corrected.
Remove cross references to the      Target species definitions. A global
 Annual Harvest Specifications and   change was made in the R&R final
 add a reference to Tables 10 and    rule to change the cross reference
 11.                                 to target species descriptions
                                     formerly described in the Annual
                                     Harvest Specifications to the
                                     footnotes of Tables 10 and 11 to
                                     this part which present incidental
                                     catch retainable percentages by
                                     target species. The change in cross
                                     reference was inadvertently omitted
                                     from these definitions in Sec.
                                     679.2: Deep water flatfish; other
                                     flatfish; other red rockfish; other
                                     rockfish; other species; and
                                     shallow water flatfish.
Change ``experimental fishing'' to  Experimental vs exempted. A global
 ``exempted fishing'' and change     change was made to replace
 ``experimental fisheries'' to       ``experimental fishing'' or
 ``exempted fisheries''.             ``experimental fisheries'' with
                                     ``exempted fishing'' or ``exempted
                                     fisheries,'' respectively. Some of
                                     the terms were inadvertently not
                                     replaced and are corrected here.
Change ``Central Regulatory Area    Central GOA regulatory area. A
 of the GOA'' or ``Central Area of   global change was made in the R&R
 the Gulf of Alaska'' to ``Central   final rule to change ``Central
 GOA regulatory area''.              Regulatory Area of the GOA'' or
                                     ``Central Area of the Gulf of
                                     Alaska'' with the words ``Central
                                     GOA regulatory area''. Some of the
                                     terms were inadvertently not
                                     replaced and are corrected here.
Change ``Western Regulatory Area    Western GOA regulatory area. A
 of the GOA'' or ``Western Area of   global change was made in the R&R
 the Gulf of Alaska'' to ``Western   final rule to change ``Western
 GOA regulatory area''.              Regulatory Area of the GOA'' or
                                     ``Western Area of the Gulf of
                                     Alaska'' with the words ``Western
                                     GOA regulatory area''. Some of the
                                     terms were inadvertently not
                                     replaced and are corrected here.
                                    ....................................
                                    ....................................
------------------------------------------------------------------------

Correction

    As published, the final regulations (67 FR 4100, January 28, 2002) 
contain errors which may be misleading and need to be clarified.
    1. On page 4107,
    Second column, under the definition ``Sablefish (black cod)'', 
``679.31(b)'' is corrected to read ``679.21(b)(5).''
    Third column, in amendatory instruction 3, line 1, remove the text 
``paragraphs (a)(1) through (a)(6) are redesignated as paragraphs 
(a)(3) through (a)(8),'' and add in its place the text ``paragraphs 
(a)(1) through (a)(7) are redesignated as paragraphs (a)(3) through 
(a)(9),''.
    2. On page 4108,
    In the second column, following paragraph (b)(5)(iv) and before the 
asterisks, add the following:
    ``(v) Signature. The owner or agent of the owner of the vessel must 
sign and date the application. If the owner is a company, the agent of 
the owner must sign and date the application.
    (vi) (Applicable through July 8, 2002) If the vessel will be using 
pot, hook-and-

[[Page 22011]]

line, or trawl gear in the directed fisheries for pollock, Atka 
mackerel or Pacific cod in the GOA or in the BSAI.
    (vii) (Applicable through July 8, 2002) If the vessel owner will be 
fishing in the harvest limit area in Statistical Areas 542 or 543 in 
the directed fishery for Atka mackerel.''
    In the third column, amendatory instruction 4, line 4, 
``(l)(7)(i)(C)(4)(i)'' is corrected to read ``(l)(7)(ii)(C)(4)(i)''.
    3. On page 4112, first column of the table, second entry, 
``0'' is corrected to read ``0''.
    4. On page 4123, paragraph (3), third column, second row, ``Name 
of'' is corrected to read ``Name (if available) of''.
    5. On page 4129, the first column, paragraph (vi)(J)(1), line 5, 
``(in pounds)'' is corrected to read ``(in pounds or to the nearest 
thousandth of a metric ton)''.
    6. On page 4132, first column, after paragraph (iii)(B)(3) 
paragraph (iii)(B)(4) is added to read as follows:
    ``(4) (Applicable through July 8, 2002) Indicate the intended 
target species.''
    7. On page 4133, the third column, in Sec.  679.42(c)(2) remove the 
second sentence.
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    8. On page 4142, Table 9 to Part 679 is replaced with a corrected 
version.
[GRAPHIC] [TIFF OMITTED] TR02MY02.020


[[Page 22013]]


    9. On page 4143, Table 10 to Part 679 is replaced with a corrected 
version.
[GRAPHIC] [TIFF OMITTED] TR02MY02.021


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[GRAPHIC] [TIFF OMITTED] TR02MY02.022


[[Page 22015]]


[GRAPHIC] [TIFF OMITTED] TR02MY02.023


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    10. On page 4146, Table 11 to Part 679 is replaced with a corrected 
version.
[GRAPHIC] [TIFF OMITTED] TR02MY02.024


[[Page 22017]]


    11. On page 4149, the Remove-and-Add table is corrected by adding 
the corrected table as follows:
[GRAPHIC] [TIFF OMITTED] TR02MY02.025


[[Page 22018]]


[GRAPHIC] [TIFF OMITTED] TR02MY02.026


    Dated: April 25, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-10949 Filed 5-1-02; 8:45 am]
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