[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Rules and Regulations]
[Pages 81872-81873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-33452]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

RIN 0648-AY53


Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod 
Allocations in the Gulf of Alaska; Amendment 83; Correction

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

ACTION: Correction to final rule.

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SUMMARY: This document contains one correction to the final rule 
pertaining to Fisheries of the Exclusive Economic Zone Off Alaska; 
Pacific Cod Allocations in the Gulf of Alaska published on December 1, 
2011. This correction is intended to clarify a regulatory prohibition.

DATES: Effective January 1, 2012.

FOR FURTHER INFORMATION CONTACT: Seanbob Kelly, (907) 586-7228.

SUPPLEMENTARY INFORMATION:

Background

    A final rule was published in the Federal Register on December 1, 
2011 (76 FR 74670) that revises several sections of regulations that 
pertain to the management of Pacific cod in the Gulf of Alaska 
Management Area (GOA). The final rule allocates total allowable catch 
of Pacific cod to various gear and operational type sectors in the 
Western and Central GOA Pacific cod fisheries that are managed under 
the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP).

Need for Correction

    The error is located in a prohibition at Sec.  679.7 that limits 
access to the Pacific cod parallel fishery for federal fishery 
participants. This prohibition precludes federally permitted vessels 
that do not have a properly endorsed license limitation program license 
from participating in the Western or Central GOA Pacific cod parallel 
fishery. The error occurred in limiting the scope of the prohibition to 
vessels that ``catch and process'' only; thus the regulations omit 
vessels that solely directed fish for Pacific cod and do not process. 
As written, the regulation is inconsistent with the Council's 
recommendations under Amendment 83, the environmental analysis, 
regulatory impact review, final regulatory flexibility analysis, and 
the preambles to both the proposed and final rules.
    The correction will amend Sec.  679.7(b)(6) to replace the words 
``catch and process'' with ``directed fish for''. The correction will 
ensure that the prohibition applies to both catcher and catcher 
processor vessels, as intended by the Council's recommendations and the 
Secretarial action under Amendment 83.
    The Assistant Administrator for Fisheries, NOAA (AA), finds good 
cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment because it would be unnecessary and 
contrary to the public interest. This error must be corrected 
immediately to clarify the regulatory prohibition's application. Left 
uncorrected, the prohibition purports to apply only to catcher 
processor vessels fishing for Pacific cod in the GOA, when the 
prohibition was clearly meant to apply to catcher vessels, too. The 
correction will ensure that NMFS can enforce the prohibition against 
both catcher and catcher processors, as intended. If the effective date 
for these corrections is delayed to solicit prior public comment, this 
technical error will not be corrected by the effective date of this 
final rule, thereby undermining the conservation and management 
objectives of the FMP. The AA further finds, pursuant to 5 U.S.C. 
553(d)(3), good cause to waive the thirty (30) day delayed 
effectiveness period for the reasons stated above.
    NMFS is correcting this error and is not making substantive changes 
to the document in rule FR Docket No. 100107012-1689-03 published on 
December 1, 2011 (76 FR 74670).

Correction

    Accordingly, the final rule published on December 1, 2011 (76 FR 
74670), to be effective January 1, 2012, is corrected as follows:


Sec.  679.7  [Corrected]

    On page 74687, in Sec.  679.7(b)(6), in the third column of the 
page, under the paragraph heading ``Parallel fisheries.'', correct 
the reference to ``catch and process'' to read as ``directed fish 
for''.


[[Page 81873]]


    Dated: December 23, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2011-33452 Filed 12-28-11; 8:45 am]
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