[Federal Register Volume 78, Number 89 (Wednesday, May 8, 2013)]
[Rules and Regulations]
[Pages 26708-26709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-10933]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 130123063-3423-03]
RIN 0648-BC75


Pacific Halibut Fisheries; Catch Sharing Plan; Correcting 
Amendment

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

ACTION: Final rule; correcting amendment.

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SUMMARY: This action corrects the text of a final rule published on 
March 15, 2013, that implemented annual management measures governing 
the Pacific halibut fishery. This final rule established season dates 
off of Alaska, Washington, Oregon and California. This action is 
necessary to correct an error in the days of the week listed for the 
fishing season in the area from Leadbetter Point, WA to Cape Falcon, 
OR.

DATES: Effective May 8, 2013.

FOR FURTHER INFORMATION CONTACT: Sarah Williams, 206-526-4646.

SUPPLEMENTARY INFORMATION: A final rule published March 15, 2013 (78 FR 
16423), included annual management measures for managing the harvest of 
Pacific halibut (Hippoglossus stenolepis) in the sport fishery in 
International Pacific Halibut Commission (IPHC) Regulatory Area 2A off 
of Washington, Oregon and California. This correcting amendment revises 
the season days of the week in the area from Leadbetter Point, WA to 
Cape Falcon, OR.

Need for Correction

    The final rule (78 FR 16423), Section 26, Sport Fishing for Halibut 
Area 2A, describes dates and days of the week for sport fishing for 
halibut off Washington, Oregon, and California. For the area from 
Leadbetter Point, WA to Cape Falcon, OR the days of the week for the 
season from May 3 to July 28 were listed as Thursday, Friday, Saturday 
and should have been listed as Friday through Sunday. Friday through 
Sunday is consistent with the 2013 Pacific Fishery Management Council's 
Catch Sharing Plan which describes the structure of the fishery and the 
proposed rule (78 FR 9660). The incorrect days of the week were 
inadvertently included in the final rule. ``Thursday, Friday, 
Saturday'' is corrected to read ``Friday through Sunday'' in the 
corrected text set out below.
    On page 16435, paragraph (8)(d)(i), in the third column, is 
corrected to read as follows:
    (i) The fishing season commences on May 3, and continues 3 days a 
week (Friday through Sunday) until 9,516 lb (4.3 mt) are estimated to 
have been taken and the season is closed by the Commission or until 
July 28, whichever is earlier. The fishery will reopen on August 2 and 
continue 3 days a week (Friday through Sunday) until 2,379 lb (1.1 mt) 
have been taken and the season is closed by the Commission, or until 
September 30, whichever is earlier. Subsequent to this closure, if 
there is insufficient quota remaining in the Columbia River subarea for 
another fishing day, then any remaining quota may be transferred in-
season to another Washington and/or Oregon subarea by NMFS via an 
update to the recreational halibut hotline. Any remaining quota would 
be transferred to each state in proportion to its contribution.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Acting Assistant Administrator 
for

[[Page 26709]]

Fisheries finds there is good cause to waive prior notice and an 
opportunity for public comment on this action, as notice and comment 
would be unnecessary and contrary to public interest. Notice and 
comment are unnecessary and contrary to the public interest because 
this action corrects an inadvertent error in regulations for a fishery 
that commences on May 3, and immediate notice of the error and 
correction is necessary to prevent confusion among participants in the 
fishery that could result from the existing conflict between the Catch 
Sharing Plan and proposed rule, and the final rule. In addition, this 
action makes only minor changes to the dates of the fishery and does 
not alter the total number of days the fishery will be open. These 
corrections will not affect the results of analyses conducted to 
support management decisions in the halibut fishery nor change the 
total catch of halibut. No change in operating practices in the fishery 
is required. For the same reasons, the Acting AA has determined that 
good cause exists to waive the 30-day delay in effectiveness pursuant 
to 5 U.S.C. 553(d).
    This final rule complies with the Halibut Act and the Pacific 
Fishery Management Council's authority to implement allocation measures 
for the management of the halibut fishery.

    Authority:  16 U.S.C. 773 et seq.

    Dated: May 2, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.
[FR Doc. 2013-10933 Filed 5-3-13; 4:15 pm]
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