[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Rules and Regulations]
[Pages 77942-77943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30227]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 140710571-4977-02]
RIN 0648-BE36


International Fisheries; Western and Central Pacific Fisheries 
for Highly Migratory Species; Restrictions on the Use of Fish 
Aggregating Devices in Purse Seine Fisheries for 2015; Correction

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

ACTION: Final rule; correction.

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SUMMARY: NMFS published in the Federal Register of December 2, 2014, 
with an effective date of January 1, 2015, a final rule to establish 
restrictions on the use of fish aggregating devices (FADs) by U.S. 
purse seine vessels in the western and central Pacific Ocean 
(``International Fisheries; Western and Central Pacific Fisheries for 
Highly Migratory Species; Restrictions on the Use of Fish Aggregating 
Devices in Purse Seine Fisheries for 2015''). The final rule also 
included a requirement for the owners and operators of such vessels to 
submit ``daily FAD reports'' to NMFS. As indicated in the December 2, 
2014, final rule, some of the FAD restrictions are to go into effect 
only if NMFS publishes a notice in the Federal Register announcing that 
they are in effect. NMFS intended to make the requirement to submit 
daily FAD reports also contingent on issuance of a Federal Register 
notice, but inadvertently wrote the final rule such that the reporting 
requirement would go into effect on January 1, 2015, irrespective of 
issuance by NMFS of a Federal Register notice. This document corrects 
that error in the final rule by making the requirement to submit daily 
FAD reports contingent on NMFS issuing a Federal Register notice 
announcing that it is in effect.

DATES: Effective January 1, 2015.

FOR FURTHER INFORMATION CONTACT: Tom Graham, NMFS Pacific Islands 
Regional Office, 808-725-5032.

SUPPLEMENTARY INFORMATION: NMFS published in the Federal Register of 
December 2, 2014 (79 FR 71327), a final rule to establish restrictions 
on the use of fish aggregating devices by U.S. purse seine vessels in 
the western and central Pacific Ocean (WCPO) during 2015. Some of the 
FAD restrictions in the final rule, specifically the FAD prohibitions 
during January and February and the limit of 3,061 FAD sets with 
associated prohibitions, were made contingent on NMFS issuing a 
subsequent Federal Register notice announcing that those restrictions 
are in effect. NMFS would issue such a Federal Register notice only if 
it determined that the Commission for the Conservation and Management 
of Highly Migratory Fish Stocks in the Western and Central Pacific 
Ocean (Commission) adopted particular arrangements at its Eleventh 
Regular Session, which took place December 1-5, 2014. The Commission 
did not adopt such arrangements at that session.
    The final rule also included a requirement for vessel owners and 
operators to submit ``daily FAD reports'' to NMFS. The reports would be 
used by NMFS to estimate and project the number of sets on FADs with 
respect to the limit of 3,061 FAD sets. NMFS intended the daily FAD 
reporting requirement to be effective only if the limit of 3,061 FAD 
sets were put in effect. However, NMFS inadvertently wrote the final 
rule such that the daily FAD report requirement would go into effect on 
January 1, 2015, irrespective of the Commission decision or a 
subsequent Federal Register notice. This document corrects that error 
in the final rule by making the requirement to submit daily FAD reports 
contingent on NMFS issuing a Federal Register notice announcing that 
the reporting requirement is in effect.

Classification

    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866.
    NMFS has determined that good cause exists to waive public notice 
and comment under 5 U.S.C. 553(b)(B) because it would be unnecessary 
and contrary to the public interest. It is unnecessary and contrary to 
the public interest because delaying this rule would only serve to 
place an unwarranted burden on the regulated community. If this 
correction to the final rule is not effective by January 1, 2015, then 
owners and operators of U.S. purse seine vessels in the WCPO would

[[Page 77943]]

be required to submit daily reports to NMFS that would not serve any 
useful purpose, which would be contrary to the public interest.
    Further, NMFS has determined that good cause exists to waive the 
30-day delay in effectiveness of this rule under 5 U.S.C. 553(d) 
because, as explained previously, this rule relieves a reporting 
requirement on the regulated community.
    Because prior notice and opportunity for public comment for this 
correction to the final rule under 5 U.S.C. 553 have been waived, and 
are not required by any other law, the analytical requirements of the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq. are inapplicable.

Correction

    Accordingly, the final rule, Federal Register Document Number 2014-
28105, published on December 2, 2014, at 79 FR 71327, to be effective 
January 1, 2015, is corrected as follows:
    On page 71330, in column 3, Sec.  300.218(g) is correctly added to 
read as follows:


Sec.  300.218  Reporting and recordkeeping requirements.

* * * * *
    (g) Daily FAD reports. If NMFS issues a notice in the Federal 
Register announcing that the requirement of this paragraph is in 
effect, the owner or operator of any fishing vessel of the United 
States equipped with purse seine gear must, within 24 hours of the end 
of each day that the vessel is at sea in the Convention Area, report to 
NMFS, in the format and manner directed by the Pacific Islands Regional 
Administrator, how many purse seine sets were made on FADs during that 
day.

    Dated: December 16, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2014-30227 Filed 12-24-14; 8:45 am]
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