[Federal Register Volume 74, Number 8 (Tuesday, January 13, 2009)]
[Rules and Regulations]
[Pages 1631-1633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-489]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 080302360-7686-03]
RIN 0648-AT91


Pacific Halibut Fisheries; Bering Sea and Aleutian Islands King 
and Tanner Crab Fisheries; Groundfish Fisheries of the Exclusive 
Economic Zone Off Alaska; Individual Fishing Quota Program; Western 
Alaska Community Development Quota Program; Recordkeeping and 
Reporting; Permits; Correction

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

ACTION: Final rule, correction.

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SUMMARY: This action corrects the regulatory text of a final rule 
published on December 15, 2008 (73 FR 76136). Among its measures, the 
final rule will implement new recordkeeping and reporting requirements; 
a new electronic groundfish catch reporting system, the Interagency 
Electronic Reporting System, and its data entry component, eLandings. 
This action is intended to promote the goals and objectives of the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) and other applicable law.

DATES: Effective January 14, 2009.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Background

    NMFS manages the U.S. groundfish fisheries of the exclusive 
economic zone off Alaska under the Fishery Management Plan for 
Groundfish of the Gulf of Alaska and the Fishery Management Plan for 
Groundfish of the Bering Sea and Aleutian Islands Management Area 
(collectively, FMPs). General provisions governing fishing by U.S. 
vessels in accordance with the FMPs appear at subpart H of 50 CFR part 
600.

Need for Corrections

    In FR Doc. E8-29625, published in the Federal Register on December 
15, 2008 (73 FR 76136), the following errors occur in Sec. Sec.  679.4 
and 679.5. This document corrects those errors.
    NMFS is correcting the heading for the table in Sec.  679.4(a)(1) 
by removing the phrase ``If program permit or card type is:'' and 
replacing it with ``If program permit type is:''. This correction is 
necessary because, as described in the supplemental proposed rule, NMFS 
no longer issues permit cards.
    Section 679.4(e)(2) was revised in the final rule, but NMFS 
inadvertently deleted the phrase ``legible copy of'' a permit and 
replaced it with ``copy of'' a permit. In a final rule published May 
19, 2008 (73 FR 28733), NMFS no longer required an original permit 
onboard a vessel or onsite at a shoreside facility, but required a 
``legible copy'' of a permit. However, NMFS inadvertently omitted the 
word ``legible'' in the supplemental proposed rule.
    Section 679.5(c)(1)(vi)(B)(3) is an in-text table and describes the 
distribution of the yellow logsheet of the daily cumulative production 
logbooks (DCPLs). This correction removes check marks from the columns 
for catcher/processor longline or pot gear, catcher/processor trawl 
gear, and motherships that were mistakenly included in the supplemental 
proposed rule and the

[[Page 1632]]

final rule. With the advent of eLandings, the quarterly submittal of 
the yellow logsheets is no longer required and NMFS did not intend to 
require these processors to submit the logsheet. By removing the 
checkmarks, this correction shows that these processors are not 
required to submit the yellow logsheets to NMFS, because these 
processors use eLandings to report production and discard/disposition 
data.
    Check-in and check-out requirements for catcher/processors, 
motherships, shoreside processors, and stationary floating processors 
are in regulations at Sec.  679.5(h). Among other regulatory actions, 
the supplemental proposed and final rules reformatted check-in and 
check-out requirements from text to table format. The regulatory text 
for both check-in and check-out reports was combined. Paragraph (h)(4) 
describes requirements for both the check-in and check-out reports. 
Paragraph (h)(5) describes information that must be submitted in both 
the check-in and check-out reports. Paragraph (h)(5)(xiv) states to 
indicate either YES or NO if the report is a check-out report. NMFS 
unintentionally failed to include in the supplemental proposed and 
final rules a follow-up question to any ``YES'' response in paragraph 
(h)(5)(xiv) to record the date the facility ceased to receive or 
process groundfish. NMFS is correcting these unintended errors by 
adding a new paragraph (h)(5)(xv) to read ``if YES, record the date the 
facility ceased to receive or process groundfish'' and by placing 
requirements to record fish and fish products into a separate paragraph 
(h)(5)(xvi) to read ``Indicate product weight of all fish or fish 
products (including non-groundfish) remaining at the facility (other 
than public cold storage) by species code and product code. Indicate if 
recorded to the nearest pound or to the nearest 0.001 mt.''

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator of 
Fisheries finds good cause to waive prior notice and opportunity for 
public comment otherwise required by the section. NOAA finds that prior 
notice and opportunity for public comment are unnecessary because the 
changes made by this rule are non-substantive. It was not the intention 
under the final rule to replace language NMFS intended to retain or to 
impose requirements that are incorrect. The need to immediately correct 
published in-text tables for this regulation eliminates potential 
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.
    The rule does not make any substantive change in the rights and 
obligations of fishermen managed under the groundfish regulations that 
NMFS intended to impose in the final rule. No aspect of this action is 
controversial and no change in operating practices in the fishery is 
required.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., do not apply.
    Because this action only makes non-substantive changes to part 679 
described above, this rule is not subject to the 30-day delay in 
effective date requirement of 5 U.S.C. 553(d).

Corrections

0
Accordingly, the final rule, FR Doc. E8-29625, published on December 
15, 2008, at 73 FR 76136, to be effective January 14, 2009, is 
corrected as follows:
0
1a. On page 76143, in paragraph (a)(1), correct the entry for the table 
heading to read as follows:


Sec.  679.4  Permits.

------------------------------------------------------------------------
                                     Permit is in
                                   effect from issue       For more
   If program permit type is:      date through the   information, see .
                                        end of:               . .
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *


Sec.  679.4  [Corrected]

0
1b. On page 76144, in the third column, paragraph (e)(2), correct the 
phrase ``copy of'' in the fourth line to read ``legible copy of''.

0
2a. On page 76147, paragraph (c)(1)(vi)(B)(3) is corrected to read as 
follows:


Sec.  679.5  Recordkeeping and reporting (R&R).

* * * * *
    (c) * * *
    (1) * * *
    (vi) * * *
    (B) * * *

                                       Logsheet Distribution and Submittal
----------------------------------------------------------------------------------------------------------------
                                      Logsheet found in these logbooks
 If logsheet color is . . .  -------------------------------------------------- Submit to . . .     Time limit
                               CV lgl    CV trw    CP lgl    CP trw      MS
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(3) Yellow..................        X         X   ........  ........  ........  Must submit      On the
                                                                                 quarterly to:    following
                                                                                NOAA Fisheries    schedule:
                                                                                 Office for Law  1st quarter by
                                                                                 Enforcement      May 1 of that
                                                                                 Alaska Region    fishing year.
                                                                                 Logbook          2nd quarter by
                                                                                 Program, P.O.    August 1 of
                                                                                 Box 21767,       that fishing
                                                                                 Juneau, AK       year. 3rd
                                                                                 99802-1767       quarter by
                                                                                 Telephone: 907-  November 1 of
                                                                                 586-7225.        that fishing
                                                                                                  year. 4th
                                                                                                  quarter by
                                                                                                  February 1 of
                                                                                                  the following
                                                                                                  fishing year.
 
                                                  * * * * * * *
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[[Page 1633]]

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0
2b. On page 76164, paragraphs (h)(5)(xv) is corrected and paragraph 
(h)(5)(xvi) is added to read as follows:


Sec.  679.5  Recordkeeping and reporting (R&R).

* * * * *
    (h) * * *
    (5) * * *

----------------------------------------------------------------------------------------------------------------
                                                             Check-in report              Check-out report
                Required information                 -----------------------------------------------------------
                                                         MS        C/P     SS, SFP     MS        C/P     SS, SFP
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
(xv) If YES, enter date facility ceased to receive    ........  ........  ........  ........  ........        X
 or process groundfish..............................
(xvi) Indicate product weight of all fish or fish     ........  ........        X   ........  ........        X
 products (including non groundfish) remaining at
 the facility (other than public cold storage) by
 species code and product code. Indicate if recorded
 to the nearest pound or to the nearest 0.001 mt.
----------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: January 8, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator, for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. E9-489 Filed 1-12-09; 8:45 am]
BILLING CODE 3510-22-P