[Federal Register Volume 70, Number 136 (Monday, July 18, 2005)]
[Rules and Regulations]
[Pages 41159-41161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-14093]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 050627169-5169-01; I.D. 051804C]
RIN 0648-AT44


Pacific Halibut Fisheries; Subsistence Fishing; 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 document corrects a final rule published in the Federal 
Register amending the Subsistence Halibut Program. This correcting 
amendment corrects the description, geographic coordinates, and 
associated figures for the Anchorage/Matsu/Kenai non-subsistence marine 
waters area and the Local Area Management Plan (LAMP) for the halibut 
fishery in Sitka Sound in the Gulf of Alaska.

DATES: Effective on July 18, 2005.

FOR FURTHER INFORMATION CONTACT: Bubba Cook, 907-586-7425 or 
[email protected].

SUPPLEMENTARY INFORMATION: The final rule that is the subject of these 
corrections was published on April 1, 2005 (70 FR 16742), and 
implemented amendments to the Subsistence Halibut Program. Some of 
these amendments were intended to address localized depletion in areas 
of high population density by increasing gear and harvest restrictions 
in the Sitka Sound LAMP and in the Anchorage/Matsu/Kenai non-
subsistence marine waters area. In a recent review of this rule, NMFS 
discovered typographical errors in the geographic coordinates and 
description of the Anchorage/Matsu/Kenai non-subsistence marine waters 
area. NMFS also discovered that the associated revised figures for the 
Anchorage/Matsu/Kenai non-subsistence marine waters area and the Sitka 
Sound LAMP were inadvertently omitted.

Need for Correction

    The regulations at Sec.  300.65(g)(1)(i)(D) provide an accurate 
description of the Sitka Sound LAMP setline closure area. However, a 
parenthetical clause directing the public to a graphical representation 
of the setline closure area would provide additional assistance in 
understanding the regulation. Additionally, as published, Figure 1 to 
Subpart E describing the Sitka Sound LAMP does not correctly identify 
the setline gear closure area near Low Island established by Sec.  
300.65(g)(1)(i)(D). This action amends Sec.  300.65(g)(1)(i)(D) and 
Figure 1 to Subpart E by adding a parenthetical clause at the end 
directing the public to Figure 1 to Subpart E and amends Figure 1 to 
Subpart E to correctly depict the setline closure area.
    The definition at Sec.  300.65(g)(3)(iii)(A) unintentionally 
excludes the westernmost point of Hesketh Island as a visual reference. 
Additionally, Figure 4 to Subpart E does not accurately represent the 
geographic boundary line extending from the westernmost point of 
Hesketh Island across Cook Inlet at 59'30.40' N. lat. consistent with 
the definition at Sec.  300.65(g)(3)(iii)(A). This action amends Sec.  
300.65(g)(3)(iii)(A) to more precisely describe the non-subsistence 
area boundaries by adding the visible geographic landmark of Hesketh 
Island to the description and amends Figure 4 to Subpart E to 
accurately depict the regulatory description of the Anchorage/Matsu/
Kenai non-subsistence marine waters area north of 59'30.40' N. lat. 
consistent with the definition at Sec.  300.65(g)(3)(iii)(A).
    As published, Sec.  300.65(g)(3)(iii)(B) correctly identifies Cape 
Douglas as the western shore southern boundary of the Anchorage/Matsu/
Kenai non-subsistence marine waters area, but incorrectly states that 
Cape Douglas is located at 58'10' N. lat., a geographic position that 
is actually 41 minutes (41 nautical miles) south of the true location 
of Cape Douglas. The definition at Sec.  300.65(g)(3)(iii)(B) also 
incorrectly identifies the description and the geographical coordinates 
for the easternmost point of Jakolof Bay at 151'31.09' W. long. This 
action amends Sec.  300.65(g)(3)(iii)(B) and its associated Figure 4 to 
Subpart E by correctly describing the geographic coordinates of the 
Cape Douglas western shore southern boundary of the Anchorage/Matsu/
Kenai non-subsistence marine waters area as 58'51.10' N. lat. 
Additionally, this action amends Sec.  300.65(g)(3)(iii)(B) to 
correctly identify the easternmost point at Jakolof Bay as 151'31.90' 
W. long., consistent with the westernmost point of Hesketh Island to 
the north.

Classification

    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(3)(B), the Assistant Administrator for 
Fisheries, NOAA (AA), finds that the need to immediately correct the 
published coordinates and associated figures for this regulation will 
eliminate a potential source of confusion and constitutes good cause to 
waive the requirement to provide prior notice and opportunity for 
public comment, as such procedures would be unnecessary and contrary to 
the public interest. Notice and comment is unnecessary because this 
action makes only minor, non-substantive changes to 50 CFR 300.65. 
These changes include: (1) correcting typographical errors in the 
geographic coordinates and description of the Anchorage/Matsu/Kenai 
non-subsistence marine waters area; and (2) providing revised figures 
for the Anchorage/Matsu/Kenai non-subsistence marine waters area and 
the Sitka Sound LAMP that were inadvertently omitted. The rule does not 
make any substantive change in the rights and obligations of 
subsistence fishermen managed under the subsistence halibut 
regulations. No aspect of this action is controversial and no change in 
operating practices in the fishery is required.
    Because this action makes only minor, non-substantive changes to 50 
CFR 300.65 and therefore does not constitute a substantive rule, it is 
not subject to the 30-day delay in effective date requirement of 5 
U.S.C. 553(d).

List of Subjects 50 CFR Part 300

    Fisheries, Fishing, Indians, Reporting and recordkeeping 
requirements, Treaties.


[[Page 41160]]


    Dated: July 13, 2005.
Rebecca Lent
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For reasons set out in the preamble, 50 CFR part 300 is corrected by 
making the following correcting amendments:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart E--Pacific Halibut Fisheries

0
1. The authority citation for 50 CFR part 300, subpart E, continues to 
read as follows:

    Authority: 16 U.S.C. 773-773k.

0
2. In Sec.  300.65, paragraphs (g)(1)(i)(D), (g)(3)(iii)(A), and 
(g)(3)(iii)(B) are revised to read as follows:


Sec.  300.65  Catch sharing plan and domestic management measures in 
waters in and off of Alaska.

* * * * *
    (g) * * *
    (1) * * *
    (i) * * *
    (D) In Area 2C within the Sitka LAMP from June 1 to August 31, 
setline gear may not be used in a 4 nautical mile radius extending 
south from Low Island at 57'00'42'' N. lat., and 135'36'34'' W. long. 
(see Figure 1 to Subpart E).
* * * * *
    (3) * * *
    (iii) * * *
    (A) All waters of Cook Inlet north of a line extending from the 
westernmost point of Hesketh Island at 59'30.40'' N. lat., except those 
waters within mean lower low tide from a point one mile south of the 
southern edge of the Chuitna River (61'05.00'' N. lat., 151'01.00'' W. 
long.) south to the easternmost tip of Granite Point (61'01.00'' N. 
lat., 151'23.00'' W. long.) (Tyonek subdistrict); and
    (B) All waters of Alaska south of 59'30.40'' N. lat. on the western 
shore of Cook Inlet to Cape Douglas (58'51.10'' N. lat.) and in the 
east to Cape Fairfield (148'50.25'' W. long.), except those waters of 
Alaska west of a line from the easternmost point of Jakolof Bay 
(151'31.90'' W. long.), and following the shore to a line extending 
south from the easternmost point of Rocky Bay (151'18.41'' W. long.); 
and
* * * * *

0
3. In the Appendix to Subpart E, revise Figure 1 to Subpart E--Sitka 
Local Area Management Plan and Figure 4 to Subpart E--Anchorage-Matsu-
Kenai Non-rural Area to read as follows:
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[FR Doc. 05-14093 Filed 7-15-05; 8:45 am]
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