[Federal Register Volume 77, Number 47 (Friday, March 9, 2012)]
[Rules and Regulations]
[Pages 14304-14305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-5817]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 110207103-2041-02]
RIN 0648-BA80


Fisheries of the Exclusive Economic Zone Off Alaska; Chinook 
Salmon Bycatch Management in the Bering Sea Pollock Fishery; Economic 
Data Collection; 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 an error in paragraph numbering in the 
final rule pertaining to Fisheries of the Exclusive Economic Zone Off 
Alaska; Chinook

[[Page 14305]]

Salmon Bycatch Management in the Bering Sea Pollock Fishery; Economic 
Data Collection published on February 3, 2012. This correction is 
intended to clarify regulatory text.

DATES: Effective March 9, 2012 and is applicable beginning March 5, 
2012.

FOR FURTHER INFORMATION CONTACT: Patsy A. Bearden, (907) 586-7008, or 
Jeff Hartman, (907) 586-7442.

SUPPLEMENTARY INFORMATION:

Background

    On February 3, 2012, NMFS published a final rule in the Federal 
Register (77 FR 5389) to implement the Chinook Salmon Economic Data 
Report Program, which will evaluate the effectiveness of Chinook salmon 
bycatch management measures for the Bering Sea pollock fishery that 
were implemented under Amendment 91 to the Fishery Management Plan for 
Groundfish of the Bering Sea and Aleutian Islands Management Area. This 
final rule added a regulatory provision at 50 CFR 
679.5(e)(6)(i)(A)(12), which describes deliveries from catcher vessels 
directed fishing for pollock in the Bering Sea in which the operator of 
the catcher vessel moved fishing location primarily to avoid Chinook 
salmon bycatch. However, a final rule implementing Amendment 83 to the 
Fishery Management Plan for Groundfish of the Gulf of Alaska previously 
had added a Sec.  679.5(e)(6)(i)(A)(12), which describes the receipt of 
groundfish deliveries in the marine municipal boundaries of a Community 
Quota Entity community. (76 FR 74640; December 1, 2011). Thus, there 
are two different regulatory paragraphs numbered Sec.  
679.5(e)(6)(i)(A)(12).

Need for Correction

    If this error is not corrected, the regulatory text at Sec.  
679.5(e)(6)(i)(A)(12) implementing Amendment 83 will be removed and 
replaced by the regulatory text implementing the Chinook Salmon 
Economic Data Report Program. Therefore, this correction is necessary 
to fully implement Amendment 83. This action corrects the final rule 
implementing the Chinook Salmon Economic Data Report Program by 
renumbering Sec.  679.5(e)(6)(i)(A)(12) as Sec.  679.5(e)(6)(i)(A)(13).
    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 fully implement Amendment 83. Left uncorrected, the 
regulatory text at Sec.  679.5(e)(6)(i)(A)(12) implementing Amendment 
83 will be removed and replaced by the text implementing the Chinook 
Salmon Economic Data Report program The correction will ensure that 
regulations in this section include all of the regulatory text intended 
by the two programs.
    If the effective date for this correction 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 fishery management plans. Moreover, 
the public has already had opportunity to comment on both provisions 
included in the two final rules. Thus, further public comment is 
unnecessary.
    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 rule document published on February 3, 2012 (77 FR 5389).

Correction

    In FR Doc. 2012-2361, appearing on page 5389 in the Federal 
Register of Friday, February 3, 2012, the following corrections are 
made:


Sec.  679.5  [Corrected]

0
1. On page 5394, in the second column, in the second line of amendatory 
instruction 5.b., correct the reference '' (e)(6)(i)(A)(12)'' to read 
``(e)(6)(i)(A)(13).''

0
2. On page 5394, in the third column, correct the paragraph reference 
'' (e)(6)(i)(A)(12)'' to read '' (e)(6)(i)(A)(13).''

    Dated: March 6, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2012-5817 Filed 3-8-12; 8:45 am]
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