[Federal Register Volume 75, Number 158 (Tuesday, August 17, 2010)]
[Rules and Regulations]
[Pages 50715-50716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20199]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 635

[Docket No. 080519678-0313-03]
RIN 0648-AW65


Atlantic Highly Migratory Species; Atlantic Shark Management 
Measures; Amendment 3

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

ACTION: Final rule; correction.

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SUMMARY: This document contains a correction to final regulations that 
were published on June 1, 2010. This change ensures that the process is 
preserved for adjusting annual shark quotas based on over- and 
underharvests. This correction makes a change to amendatory 
instructions in the final rule to accurately reflect NMFS' intention to 
effect a conforming amendment to 50 CFR part 635.

DATES: Effective August 17, 2010.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or LeAnn 
Southward Hogan at 301-713-2347 or (fax) 301-713-1917.

SUPPLEMENTARY INFORMATION: The final rule published on June 1, 2010 (75 
FR 30484), and implemented Amendment 3 to the 2006 Consolidated Highly 
Migratory Species (HMS) Fishery Management Plan (FMP).
    The correction amends Sec.  635.27 (b) in Title 50 of the CFR. In 
the amendatory instructions in the published final rule (75 FR 30484), 
instruction 12a revised 50 CFR 635.27 (b)(1)(i) through (v), relating 
to, among other things, pelagic shark quotas and annual quota 
adjustments. The instructions, however, inadvertently omitted 
instructions to make a conforming amendment requiring removal of Sec.  
635.27 (b)(1)(vii), which relate specifically to annual quota 
adjustments. Because of the error, Sec.  635.27 (b)(1)(vii) is 
duplicative and inconsistent with Sec.  635.27 (b)(1)(i). The new Sec.  
635.27 (b)(1)(i) includes much of the same information and include only 
minor changes from Sec.  635.27 (b)(1)(vii). This duplication of 
provisions providing inconsistent treatment of the same amendment issue 
will likely cause unnecessary confusion within the regulated fishing 
industry and among fishery managers as it creates ambiguous guidelines 
and two separate standards for adjusting annual shark quotas based on 
over- and underharvests for all the

[[Page 50716]]

federally managed shark species in the Atlantic shark fishery.
    This correction makes a change to amendatory instructions in the 
final rule to accurately reflect NMFS' intention to effect a conforming 
amendment to 50 CFR 635.27 (b) by including instructions in the final 
rule for the removal of Sec.  635.27 (b)(1)(vii).

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator of 
Fisheries(AA) finds good cause to waive prior notice and opportunity 
for public comment otherwise required by this section. The corrections 
made by this rule do not make any substantive changes in the rights or 
obligations of fishermen managed under Amendment 3 to the 2006 
Consolidated Highly Migratory Species Fishery Management Plan 
implemented in the June 1, 2010, final rule. No aspect of this action 
is controversial, and no change in operating practices in the fishery 
is required. It was not NMFS' intent to impose duplicative regulations 
in the same section. These errors should be corrected immediately to 
eliminate potential confusion by the regulated public. Removing the 
duplicative paragraphs without notice does not create problems for 
fishermen in terms of compliance with regulations because the 
duplicative paragraphs deal with the adjustment of quotas done by 
fishery managers. However, if left unrevised, these duplicative 
measures create ambiguous guidance and two separate standards for 
fishery managers when adjusting annual shark quotas based on over- and 
underharvests for all the federally managed shark species in the 
Atlantic shark fishery. For the same reasons, the AA finds good cause 
under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date. 
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.

Need for Correction

    Accordingly, in the final rule published on June 1, 2010 (75 FR 
30484), on page 30526, column 2, amendatory instruction number 12a is 
revised to read as follows:


Sec.  635.27  [Amended]

0
12a. In Sec.  635.27, paragraphs (b)(1)(i) through (v) are revised to 
read as follows. Paragraph (b)(1)(vii) is removed.

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

    Dated: August 11, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2010-20199 Filed 8-16-10; 8:45 am]
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