[Federal Register Volume 67, Number 202 (Friday, October 18, 2002)]
[Rules and Regulations]
[Pages 64315-64319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26597]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 011218304-1304-01; I.D. 121701A]
RIN 0648-AQ02


Fisheries of the Exclusive Economic Zone Off Alaska; Revisions to 
Steller Sea Lion Protection Measures and Recordkeeping and Reporting 
Requirements; Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

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Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; correction.

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SUMMARY: This action corrects the Steller sea lion emergency interim 
rule, as amended, corrected, and extended, which contains regulations 
relating to Fisheries of the Exclusive Economic Zone off Alaska. This 
action also corrects the recordkeeping and reporting final rule and its 
correction. This action is necessary to re-instate appropriate 
applicability dates and correct other errors and omissions that 
occurred.

DATES: Section 679.32(a) is suspended from January 1, 2002, through 
December 31, 2002.
    The amendments to Sec.  Sec.  679.2, 679.4, 679.5, 679.7, 679.20, 
679.22, 679.23, 679.28, 679.31, and 679.50 are effective October 18, 
2002 through December 31, 2002.
    The amendment to Sec.  679.43(a) and the revised Table 11 to Part 
679 are effective October 18, 2002.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7008, or e-
mail [email protected].

SUPPLEMENTARY INFORMATION: Since January 2002, several rules were 
published in the Federal Register by NMFS, Alaska Region, that require 
further correction by this action. These are the emergency interim rule 
published January 8, 2002 (67 FR 956), which implemented Steller sea 
lion protection measures (SSL rule), subsequently amended and corrected 
May 1, 2002 (67 FR 21600 (SSL correction), and extended May 16, 2002 
(67 FR 34860) (SSL extension); and the final rule published January 28, 
2002 (67 FR 4100), which amended regulations implementing recordkeeping 
and reporting requirements (R&R rule), corrected May 2, 2002 (67 FR 
22008) (R&R correction).
    The SSL rule, SSL correction, the R&R rule and R&R correction often 
address the same regulatory text. Despite NMFS' effort to ascertain 
errors common or shared by these rules, errors still exist in the 
regulatory text and are corrected by this action.

Need for Corrections

    This rule re-establishes appropriate applicability dates for the 
regulations associated with the SSL rule and its subsequent amendment, 
correction, and extension. The SSL rule intended to specify that the 
provisions contained in it were to be suspended or effective from 
January 1, 2002, through July 8, 2002, with some exceptions. The SSL 
extension published May 16, 2002, extended the effective date of the 
rule, as amended and corrected by the May 1, 2002, SSL correction, 
through December 31, 2002. However, the SSL extension did not specify 
that the exception language contained in the DATES section of the 
preamble to the SSL correction was similarly extended and did not 
revise the codified text to identify SSL protection measures as 
applicable through December 31, 2002.
    A separate rule published April 15, 2002 (67 FR 18129), implemented 
measures regarding the License Limitation Program (LLP) for the Bering 
Sea and Aleutian Islands Area and addressed Sec.  Sec.  679.7 and 
679.20 for the Community Development Quota Program under Amendment 67 
(LLP rule). The LLP-rule revision of paragraph Sec.  679.7(d)(16) 
supersedes the suspension of this paragraph published in the SSL rule. 
No changes were made to the language in paragraph (d)(16); the LLP rule 
merely replaced the suspended paragraph (d)(16) with an effective 
paragraph (d)(16).
    The LLP rule removed paragraph Sec.  679.7(d)(26). This paragraph 
was added by the SSL rule to replace the suspended paragraph (d)(16). 
However, with the revision of paragraph Sec.  679.7(d)(16) in the LLP 
rule, paragraph (d)(26) is no longer necessary.
    The LLP rule revised paragraph Sec.  679.20(f)(2), which supersedes 
the suspension of this paragraph published in the SSL rule. No changes 
were made to the language in paragraph (f)(2). The LLP rule merely 
replaced the suspended paragraph (f)(2) with an effective paragraph 
(f)(2).
    The LLP rule revised the language in paragraph Sec.  679.7(f)(8), 
which supersedes the suspension of this paragraph published in the SSL 
rule.
    The R&R correction redesignated paragraphs Sec.  679.4(b)(5)(v), 
(vi), and (vii) for consistency between the SSL rule and the R&R rule. 
The renumbering of these paragraphs affected cross references in 
several paragraphs, which are corrected by this action.
    Table 11 to part 679 was printed incorrectly in the R&R correction. 
Formatting errors prior to submission to the Office of the Federal 
Register resulted in the last four columns being omitted. This error is 
corrected by republishing Table 11.
    Paragraph Sec.  679.43(a) in the CFR describes the applicability of 
the Office of Administrative Appeals. This paragraph was revised in the 
R&R rule by adding sections regulating the appeals process. However, a 
separate rule published on December 14, 2000 (65 FR 78110), had revised 
paragraph Sec.  679.43(a) to include all sections of 50 CFR part 679 in 
the appeals process and the revision to this paragraph should not have 
been included in the R&R rule. Thus, the language in this paragraph is 
returned to its original text.

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)(B). 
Prior notice and comment are unnecessary because the terms this action 
changes will have no substantive effect on the regulated public. The 
changes are minor technical amendments correcting typographical errors 
and requiring no agency discretion. NMFS is not changing the 
regulations to the extent the corrections would affect participants or 
participation in the fisheries.
    NMFS determines that there is no public interest affected by 
waiving prior notice and opportunity to comment. NMFS also determines 
that the public interest would be prejudiced more by prior notice and 
comment 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 the effective date under 5 
U.S.C. 553(d).

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Recordkeeping and reporting requirements.

    Dated: September 18, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs.National Marine 
Fisheries Service.

    Accordingly, 50 CFR part 679 is amended by making correcting 
amendments to the following publications of January 8, 2002, January 
28, 2002, May 1, 2002, May 2, 2002, and May 16, 2002:

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

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

    Authority: Authority: 16 U.S.C. 773 et seq., 1801 et seq.; 3631 
et seq.; Title II of Division C, Pub. L. 105-277; Sec 3027, Pub. L. 
106-31; 113 Stat. 57; 16 U.S.C. 1540(f); and Sec. 209, Pub, L, 106-
554.


Sec.  679.2  [Corrected]

    2. In Sec.  679.2, make the following amendments:
    a. Remove the definitions for ``Inshore component in the GOA'' and 
``Offshore component in the GOA'' whose

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applicability date reads: ``(applicable through December 31, 2001)'';
    b. In the definitions for ``Harvest limit area for platoon managed 
Atka mackerel directed fishing'', ``Inshore component in the GOA'', and 
``Offshore component in the GOA'' remove the parenthetical date of 
applicability ``(applicable through July 8, 2002)'' and add in its 
place the parenthetical date of applicability ``(applicable through 
December 31, 2002)'';
    c. In the definition for ``Harvest limit area for platoon managed 
Atka mackerel directed fishing'', the paragraph designation ``Sec.  
Sec.  679.4(b)(5)(iv),'' is revised to read ``Sec.  Sec.  
679.4(b)(5)(vii),''.


Sec.  679.4  [Corrected]

    3. In Sec.  679.4(b)(5)(vi) and (b)(5)(vii), remove the 
parenthetical date of applicability ``(Applicable through July 8, 
2002)'' and add in its place the parenthetical date of applicability 
``(Applicable through December 31, 2002)''.


Sec.  679.5  [Corrected]

    4. In Sec.  679.5(n)(2)(iii)(B)(4), remove the parenthetical date 
of applicability ``(Applicable through July 8, 2002)'' and add in its 
place the parenthetical date of applicability ``(Applicable through 
December 31, 2002)''.


Sec.  679.7  [Corrected]

    5. In Sec.  679.7, make the following amendments:
    a. In paragraphs (a)(7)(iii), (a)(7)(iv), (a)(7)(v), and 
(a)(7)(vii), (a)(17), (a)(19), (f)(16), (j), and (k), remove the 
parenthetical date of applicability ``(applicable through July 8, 
2002)'' and add in its place the parenthetical date of applicability 
``(applicable through December 31, 2002)'';
    b. In paragraph (a)(18), remove ``(applicable 1200 hours, A.l.t., 
June 10, 2002, through July 8, 2002).'' and add in its place 
``(applicable 1200 hours, A.l.t., June 10, 2002, through December 31, 
2002).''; and
    c. In paragraph (a)(18), revise the reference ``Sec.  
679.4(b)(5)(v)'' to read ``Sec.  679.4(b)(5)(vi)''.


Sec.  679.20  [Corrected]

    6. In Sec.  679.20, in paragraphs (a)(5)(i)(B), (a)(5)(i)(F), 
(a)(5)(ii)(C), (a)(6)(ii), (a)(6)(iii), (a)(7)(i)(C)(4), 
(a)(7)(i)(C)(5), (a)(7)(ii)(D) and (a)(7)(ii)(E), (a)(7)(iii)(D), 
(a)(8)(ii)(C), (a)(8)(iii), (a)(11), (b)(2)(i), (b)(2)(ii), and (d)(4), 
remove the parenthetical date of applicability ``(applicable through 
July 8, 2002)'' and add in its place the parenthetical date of 
applicability ``(applicable through December 31, 2002)''.


Sec.  679.22  [Corrected]

    7. In Sec.  679.22, in paragraphs (a)(5)(iv), (a)(11), (a)(12), 
(b)(3), and (b)(6), remove the parenthetical date of applicability 
``(applicable through July 8, 2002)'' and add in its place the 
parenthetical date of applicability ``(applicable through December 31, 
2002)''.


Sec.  679.23  [Corrected]

    8. In Sec.  679.23, in paragraphs (d)(3), (d)(4), (e)(4)(iv), 
(e)(4)(v), (e)(5), (e)(6), (e)(7), and (i) remove the parenthetical 
date of applicability ``(applicable through July 8, 2002)'' and add in 
its place the parenthetical date of applicability ``(applicable through 
December 31, 2002)''.


Sec.  679.28  [Corrected]

    9. In Sec.  679.28(f)(3), make the following amendments:
    a. In paragraph (f)(3)(viii), revise the parenthetical date of 
applicability ``(Applicable 1200 hours A.l.t. June 10, 2002, through 
July 8, 2002)'' to read ``(Applicable 1200 hours A.l.t. June 10, 2002, 
through December 31, 2002)'',
    b. In paragraph (f)(3)(ix), revise the parenthetical date of 
effectiveness ``(Effective May 1, 2002, through July 8, 2002)'' to read 
``(Applicable May 1, 2002, through December 21, 2002)''; and
    c. In paragraphs (f)(3)(viii), introductory text, and 
(f)(3)(viii)(B), revise the reference ``Sec.  679.4(b)(5)(v)'' to read 
``Sec.  679.4(b)(5)(vi)''.


Sec.  679.31  [Corrected]

    10. In Sec.  679.31, in paragraph (g), remove the parenthetical 
date of applicability ``(applicable through July 8, 2002)'' and add it 
its place the parenthetical date of applicability ``(applicable through 
December 31, 2002)''.


Sec.  679.32  [Corrected]

    11. In Sec.  679.32, suspend paragraph (a) from January 1, 2002, 
through December 31, 2002.


Sec.  679.43  [Corrected]

    12. In Sec.  679.43, amend paragraph (a), the last part of the 
sentence, which reads ``under this subpart D as well as portions of 
subpart C of this part'' to read ``under this part 679''.


Sec.  679.50  [Corrected]

    13. In Sec.  679.50, amend as follows:
    a. In paragraph (c)(1)(x), revise the parenthetical date of 
applicability ``(Applicable through July 8, 2002)'' to read 
``(Applicable through December 31, 2002)'';
    b. In paragraph (c)(4)(vi), introductory text, remove the 
parenthetical date of applicability ``(applicable January 15, 2002, 
through July 8, 2002).'';
    c. At the beginning of paragraph (c)(4)(vi)(A), add the text 
``(Applicable January 15, 2002, through December 31, 2002)'';
    d. In paragraph (c)(6), revise the parenthetical date of 
applicability ``(applicable January 15, 2002, through July 8, 2002).'' 
to read ``(applicable January 15, 2002, through December 31, 2002).''; 
and
    e. In paragraph (c)(4)(vi)(C), revise the parenthetical date of 
effectiveness ``(Effective May 1, 2002, through July 8, 2002)'' to read 
``(Effective May 1, 2002, through December 31, 2002)''.

    14. Revise Table 11 to part 679 to read as follows:
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[FR Doc. 02-26597 Filed 10-17-02; 8:45 am]
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