[Federal Register Volume 71, Number 190 (Monday, October 2, 2006)]
[Rules and Regulations]
[Pages 57889-57890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-8436]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 051014263-6249-04; I.D. 120805A]
RIN 0648-AU00


Fisheries Off West Coast States; Pacific Coast Groundfish 
Fishery; Specifications and Management Measures; Correction

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

ACTION: Correction.

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SUMMARY: On August 22, 2006, a temporary rule extension was published 
in the Federal Register intending to extend the 2006 optimum yield (OY) 
for darkblotched rockfish caught in the U.S. exclusive economic zone 
(EEZ) off the coasts of Washington, Oregon, and California. This 
correction changes the ``ACTION'' and ``DATES'' sections of that rule 
to remove references to a temporary rule and make the amendments 
published on August 22, 2006, effective August 27, 2006.

DATES: The amendments to 50 CFR part 660, subpart G, published at 71 FR 
48824, August 22, 2006, are effective August 27, 2006.

FOR FURTHER INFORMATION CONTACT: Jamie Goen (Northwest Region, NMFS), 
phone: 206-526-6140; fax: 206-526-6736; and e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: 
    On August 22, 2006 (71 FR 48824), a temporary rule extension was 
published in the Federal Register intending to extend the 2006 optimum 
yield (OY) for darkblotched rockfish caught in the U.S. exclusive 
economic zone (EEZ) off the coasts of Washington, Oregon, and 
California.
    Acceptable biological catches (ABCs) and OYs are established for 
each year. Management measures are established at the start of the 
biennial period, and are adjusted throughout the biennial management 
period, to keep harvest within the OYs. At the Pacific Council's 
October 31 - November 4, 2005, meeting in San Diego, CA, the Pacific 
Council, in consultation with Pacific Coast Treaty Indian Tribes and 
the States of Washington, Oregon, and California, recommended a 
reduction of the 2006 darkblotched rockfish OY to 200 mt for March 
through December 2006. The management measures for March through 
December 2006 were proposed on December 19, 2005 (70 FR 75115), and 
implemented via the final rule published on February 17, 2006 (71 FR 
8489).
    The 2006 darkblotched rockfish OY of 200 mt is an interim measure 
pursuant to section 305(c) of the Magnuson-Stevens Act, in effect while 
the rebuilding plan (now referred to as Amendment 16-4) is being 
developed and implemented. Under the provisions of section 305(c)(3) of 
the Magnuson-Stevens Act, interim measures shall remain in effect for 
not more than 180 days after the date of publication, and may be 
extended by publication in the Federal Register for an additional 
period of not more than 180 days, provided the public has had an 
opportunity to comment on the interim measures, and the Council is 
actively preparing a plan amendment to address rebuilding on a 
permanent basis. The public has been provided an opportunity to comment 
on the interim measures in the proposed rule (70 FR 75115, December 19, 
2005), and NMFS recently announced the availability of Amendment 16-4, 
for public review (71 FR 25051, September 11, 2006). The proposed rule 
for Amendment 16-4 and the 2007-2008 specifications and management 
measures are expected to publish in September 2006 with a final rule 
expected to publish in November 2006, and become effective January 1, 
2007. In addition, the Court's Order in Natural Resources Defense 
Council (NRDC) v. NMFS, 421 F.3d 872 (9\th\ Cir. 2005) dated December 
8, 2005, requires NMFS to implement a darkblotched rockfish quota for 
the entire 2006 fishing year pursuant to section 305(c). Because 
Amendment 16-4 has not completed its public and Agency review period, 
and the interim measure published with the February 17, 2006 final rule 
(71 FR 8489) expired on August 27, 2006, NMFS published an extension to 
the darkblotched rockfish OY beyond the first 180-day period (71 FR 
48824, August 22, 2006 ).
    However, the ``ACTION'' and ``DATES'' sections of the August 22, 
2006 (71 FR 48824), Federal Register notice need to be corrected. 
Because the ``DATES'' section of the February 17, 2006 final rule (71 
FR 8489), which published the revised darkblotched rockfish OY for the 
first 180-day period, never stated that the darkblotched rockfish OY 
within that final rule was a temporary action. As a result, the 
darkblotched rockfish OY published as part of the ABC/OY tables 
appeared to be a permanent final action changing 50 CFR part 660, 
subpart G. However, the preamble to the February 17, 2006 final rule 
(71 FR 8489) made clear that the darkblotched rockfish OY was a 
temporary action. Therefore, the temporary rule extension published on 
August 22, 2006 (71 FR 48824) had no temporary action to extend for a 
second 180-day period. This correction changes the ``ACTION'' and 
``DATES'' section of the August 22, 2006 (71 FR 48824) rule to remove 
references to a temporary rule and make the changes effective August 
27, 2006.

Classification

    Pursuant to 5 U.S.C.553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment would be unnecessary. This rule corrects an incomplete 
effective date and makes the effective date consistent with the 
preamble and record for the temporary/interim rulemaking. Notice and 
comment is unnecessary because the legal authority under which the 
February 17, 2006 final rule (71 FR

[[Page 57890]]

8489) was promulgated did not allow the amendment to the darkblotched 
rockfish OY to be permanent. The darkblotched rockfish OY was only 
effective for 180 days. This action corrects the August 22, 2006 (71 FR 
48824) rule which extended the temporary rule section (i.e., the 
darkblotched rockfish OY) of the February 17, 2006 final rule (71 FR 
8489), as legally permitted. In addition, there is good cause under 5 
U.S.C. 553(d)(3) to waive the 30-day delay in effective date. Because 
this final rule does not constitute a substantive rule, it is not 
subject to the requirement for a 30-day delay in effective date under 5 
U.S.C. 553(d).

    Authority: 16 U.S.C. 1801 et seq.

    Dated: September 28, 2006.
Samuel D. Rauch III
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 06-8436 Filed 9-28-06; 2:27 pm]
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