[Federal Register Volume 71, Number 129 (Thursday, July 6, 2006)]
[Rules and Regulations]
[Page 38298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10556]



[[Page 38298]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 060215036-6178-02; I.D. 101501A]
RIN 0648-AU30


Pacific Halibut Fisheries; Guideline Harvest Levels for the 
Guided Recreational Halibut Fishery; 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 corrects the regulatory text of a final rule 
published August 8, 2003, (FR Doc. 03-20285) that implemented the 
guideline harvest level (GHL) for the charter sport fishery for Pacific 
halibut in waters off Alaska. This action is necessary to correct a 
typographical error in regulations implementing the GHL.

DATES: July 6, 2006.

FOR FURTHER INFORMATION CONTACT: Jason Gasper, NMFS, 907-586-7228 or 
email at [email protected].

SUPPLEMENTARY INFORMATION: A final rule published August 8, 2003, (68 
FR 47256) implemented guideline harvest level (GHL) measures for 
managing the harvest of Pacific halibut (Hippoglossus stenolepis) in 
the charter sport fishery in International Pacific Halibut Commission 
(Commission) management Area 2C and Area 3A in and off Alaska. This 
correcting amendment revises the regulation at 50 CFR 300.65(c)(2) to 
change the reference to Commission management from Area 3B to Area 3A. 
Paragraph (c)(2) is set out as paragraph (i)(2) in the August 8, 2003, 
rule and was redesignated as paragraph (c)(2) on April 1, 2005 (70 FR 
16742).

Need for Correction

    Current text at Sec.  300.65(c)(2) incorrectly indicates that the 
GHL will be established for Commission Area 3B. This regulation states 
that ``NMFS will publish a notice in the Federal Register on an annual 
basis establishing the GHL for Area 2C and Area 3B for that Calendar 
year within 30 days of receiving information from the Commission which 
establishes the constant exploitation yield for that year.'' This 
regulation is not consistent with Sec.  300.65(c)(1), which provides 
for the annual determination of GHLs for Area 2C and Area 3A based on 
the constant exploitation yield (CEY) for halibut in Area 2C and Area 
3A. When the Commission establishes the annual CEY, Sec.  300.65(c)(2) 
provides that NMFS must notify the public of the GHLs by publication of 
a notice in the Federal Register, presumably for Area 2C and Area 3A as 
prescribed in Sec.  300.65(c)(1) rather than for Area 2C and Area 3B as 
currently stated in Sec.  300.65(c)(2). The regulation also is not 
consistent with Sec.  300.65(c)(3) which codifies procedures that NMFS 
takes if the GHL is exceeded in Area 2C and Area 3A. Therefore, the 
reference to Area 3B at Sec.  300.65(c)(2) is not consistent with the 
Commission areas outlined in all other GHL regulations at Sec.  
300.65(c). In addition, the GHL was not intended to apply in Area 3B as 
it was described in the proposed rule (67 FR 3867, January 28, 2002), 
or in the preamble to the final rule implementing the GHL (68 FR 47256, 
August 8, 2003). Reference to Area 3B at Sec.  300.65(c)(2) is a 
typographical mistake. This rule issues a correcting amendment to 
correct the typographical error at Sec.  300.65(c)(2) to indicate 
Commission management Area 3A instead of Area 3B.

Classification

    Pursuant to 5 U.S.C. 553(b)(3)(B), the Assistant Administrator for 
Fisheries, NOAA (AA), finds good cause to waive the requirement to 
provide prior notice and opportunity for public comment on this 
correcting amendment to the GHL regulations, as such procedures would 
be unnecessary. Notice and comment is unnecessary because this action 
makes a minor, non-substantive change correcting a Commission area in 
Sec.  300.65(c)(2), which is itself a ministerial provision requiring 
NOAA to publish in the Federal Register notice to the public of the 
GHLs set for Areas 2C and 3A pursuant to Sec.  300.65(c)(1). The rule 
does not make any substantive change in the rights and obligations of 
charter sport fishermen managed under the GHL 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 
the minor, non-substantive changes to Sec.  300.65(c)(2) described 
above, this rule is not subject to the 30-day delay in effective date 
requirement of 5 U.S.C. 553(d).

List of Subjects in 50 CFR Part 300

    Administrative practice and procedure, Antarctica, Canada, Exports, 
Fish, Fisheries, Fishing, Imports, Indians, Labeling, Marine resources, 
Reporting and recordkeeping requirements, Russian Federation, 
Transportation, Treaties, Wildlife.

    Dated: June 29, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

0
Accordingly, 50 CFR part 300 is corrected by making the following 
correcting amendment:

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, paragraph (c)(2) is revised to read as follows:


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

* * * * *
    (c) * * *
    (2) NMFS will publish a notice in the Federal Register on an annual 
basis establishing the GHL for Area 2C and Area 3A for that Calendar 
year within 30 days of receiving information from the Commission which 
establishes the constant exploitation yield for that year.
* * * * *
[FR Doc. E6-10556 Filed 7-5-06; 8:45 am]
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