[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Rules and Regulations]
[Pages 66636-66638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27921]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 180207141-8999-03]
RIN 0648-BH74
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Groundfish Bottom Trawl and Midwater
Trawl Gear in the Trawl Rationalization Program; 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 a final rule on December 3, 2018, to implement
management measures revising Federal regulations that currently
restrict the use and configuration of bottom and midwater trawl gear
for vessels fishing under the Pacific Coast Groundfish Fishery's Trawl
Rationalization Program. This notification corrects language describing
where vessels are prohibited from carrying any other type of small
footrope trawl gear other than selective flatfish trawl gear (SFFT);
restores language which clarifies the trawl gear types vessels are
allowed to carry simultaneously on a trip; restores the prohibition on
the use of small footrope trawl inside the Columbia and Klamath River
Salmon Conservation Zones; and restores vessel declarations for non-
trawl and open access groundfish trips, open access trips for other
fisheries, and other trip types.
DATES: This correction notice is effective on January 1, 2019.
FOR FURTHER INFORMATION CONTACT: Colin Sayre, NMFS West Coast Regional
Office, telephone: 206-526-4656, email: [email protected].
SUPPLEMENTARY INFORMATION: NMFS published a final rule (December 3,
2018; 83 FR 62269) that, in part, allowed vessels to use multiple types
of trawl gear on the same trip without returning to port. The final
rule provided a description of trawl gear types allowed on board
simultaneously on a single trip, described areas where vessels are
permitted to use multiple gear types, and described declaration and
reporting requirements for vessels participating in the Trawl
Rationalization Program.
The final rule requires that vessel operators submit a new
declaration to NMFS Office of Law Enforcement before changing gear
type. The preamble to the rule described the gear types a vessel may
carry and use on the same trip. The final rule allows vessels in the
Shorebased IFQ Program to carry on board multiple types of groundfish
bottom or midwater trawl gear in all areas except in the area between
42[deg] North (N) latitude and 40[deg]10' N latitude and shoreward of
the trawl Rockfish Conservation Area (RCA). In this area, a vessel is
only allowed to have midwater trawl gear, large footrope trawl gear,
and selective flatfish trawl (SFFT) gear on board simultaneously. The
final rule prohibited vessels from having any other type of small
footrope trawl gear on board when fishing in this area. The final rule
also requires fishing with small footrope trawl gear, other than SFFT,
inside the Columbia and Klamath River Salmon Conservation Zones. The
final rule is effective January 1, 2019.
Need for Correction
Two of the corrections are needed so that the implementing
regulations are accurate and implement the action as intended by the
Pacific Fishery Management Council (Council) and described in the
preamble of the final rule. The other two corrections are needed to
restore text that was unintentionally removed through the final rule.
The implementing regulations adjusted the sector and gear
declarations at Sec. 660.13(d)(4)(iv)(A)(1) through (8), but
inadvertently deleted required declaration types for sectors, gears,
and fisheries other than limited entry trawl groundfish gear currently
described at Sec. 660.13(d)(5)(iv)(A)(9) through (26). This correction
would include the entire list of required gear and sector declarations
for non-trawl and open access groundfish trips, open access trips for
other fisheries, and other trip types.
[[Page 66637]]
At Sec. 660.130(c)(2)(iii) language describing use of small
footrope gear inside the Klamath River Salmon Conservation Zone
inadvertently substituted the word ``prohibit'' for ``require'' when
describing the use of SFFT, a type of small footrope trawl gear, in the
area. The final rule for a separate action, the 2019-2020 Pacific Coast
Groundfish Biennial Harvest Specifications (December 12, 2018; 83 FR
63970), closes the Columbia and Klamath River Salmon Conservation Zones
to all midwater trawling and to bottom trawling, unless vessels are
using SFFT. Vessels are currently prohibited from fishing with midwater
trawl gear in both areas. The specifications final action maintains the
prohibition on bottom trawling in these areas without SFFT, which was
included under the blanket requirement that groundfish trawl vessels
use SFFT gear shoreward of the trawl RCA north of 40[deg]10' N lat. The
Columbia and Klamath River Salmon Conservation Zones are located inside
this area. NMFS removed this blanket requirement in the December 8,
2018, final rule (83 FR 62269) tied to this correction notice. The
final rule for specifications reestablished the SFFT requirement inside
the Columbia and Klamath River Salmon Conservation Zones. The SFFT
requirement is necessary to limit impacts to Endangered Species Act
salmon and green sturgeon in these areas. Requiring the use of small
footrope trawl gear, other than SFFT, in these area would remove this
protective prohibition. Language describing the use of small footrope
trawl gear, inside the Columbia and Klamath River Salmon Conservation
Zones would be corrected to state that small footrope trawl gears other
than SFFT are ``prohibited,'' consistent with the Council's intent for
regulations in this area. The Council discussed maintaining the SFFT
requirement in these areas its March 2018, April 2018, and June 2018
meetings. The public also had the opportunity to comment on maintaining
this requirement during the comment period for the proposed rule for
2019-2020 Pacific Coast Groundfish Biennial Harvest Specifications
(September 19, 2018; 83 FR 47416). Changing this requirement undermine
the purposes of this rule, and would be inconsistent with our legal
requirements under the Endangered Species Act.
The implementing regulations revising Sec. 660.130(c)(4)(i)(A) did
not specify the location, namely the area between 42[deg] N latitude
and 40[deg]10' N latitude and shoreward of the trawl RCA, where vessels
may only carry one type of small footrope trawl gear, SFFT gear, along
with midwater trawl and large footrope trawl gear. Instead, the
implementing regulations omitted language specifying the location where
vessels are subject to this restriction, and maintained the prohibition
currently in regulation that prohibits a vessel from carrying more than
one type of small footrope trawl gear north of 40[deg]10' N latitude.
As described in the preamble to the December 3, 2018, final rule, this
prohibition for the area between 42[deg] N latitude and 40[deg]10' N
latitude and shoreward of the trawl RCA is necessary to enforce the
requirement to only use SFFT gear in this area. The implementing
regulations will allow vessels fishing outside of the area between
42[deg] N latitude and 40[deg]10' N latitude and shoreward of the trawl
RCA area to carry and use any type of small footrope trawl gear.
Therefore, maintaining the current prohibition on carrying SFFT gear
outside of the area between 42[deg] N latitude and 40[deg]10' N
latitude is unnecessarily restrictive. The correction to Sec.
660.130(c)(4)(ii)(A) will include clarifying language concerning the
types of gears (SFFT, midwater trawl, and large footrope trawl gear)
allowed to be fished and carried in this area.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries (AA) finds there is good cause to waive prior notice and an
opportunity for public comment on this correction, 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 notice corrects inadvertent errors in regulations made in the
final rule published on December 3, 2018, and immediate notice of the
error and correction is necessary to prevent confusion among
participants in the fishery that could result in issues with reporting,
recordkeeping, and enforcement. To effectively correct the errors, the
changes in this notice must go into effect by January 1, 2019, as the
final rule that contains the errors will become effective on that date.
Thus, there is not sufficient time for notice and comment due to the
imminent effective date of the final rule. In addition, notice and
comment is unnecessary because this notice makes only minor changes to
correct the final rule. The public, states and Pacific Fishery
Management Council are aware of the correct intent of the regulations
through the public process used to develop the final rule and had the
opportunity to comment on these requirements during the comment period
on the proposed rule for this action (September 7, 2018; 83 FR 45396).
The preamble to the December 3, 2018, final rule also correctly
describes the intent of the regulations. These corrections will not
affect the results of analyses conducted to support management
decisions in the Pacific Coast Groundfish fishery nor change the total
catch in the fishery. No change in operating practices in the fishery
is required.
For the same reasons stated above, the AA has determined that good
cause exists to waive the 30-day delay in effectiveness pursuant to 5
U.S.C. 553(d). This notice makes only minor corrections to the final
rule which will be effective January 1, 2018. Delaying effectiveness of
these corrections would result in conflicts in the regulations and
confusion among fishery participants. Because prior notice and an
opportunity for public comment are not required to be provided 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., are not
applicable. Accordingly, no Regulatory Flexibility Analysis is required
for this rule and none has been prepared.
This final rule is not significant under Executive Order 12866.
Corrections
Effective January 1, 2019, in FR Doc. 2018-26194 at 83 FR 62269 in
the issue of December 3, 2018:
0
1. On page 62275, in amendatory instruction 3, in the third column,
paragraphs (d)(4)(iv) introductory text and (d)(4)(iv)(A) are corrected
to read as follows:
Sec. 660.13 [Corrected]
(d) * * *
(4) * * *
(iv) Declaration reports will include: The vessel name and/or
identification number, the gear type, and the fishery (as defined in
paragraph (d)(4)(iv)(A) of this section). Vessels using limited entry
trawl gear may only declare one gear type at a time. Vessels using
fixed gear (limited entry and open access) outside the Shorebased IFQ
Program may declare more than one type of non-trawl gear at the same
time. Vessels using trawl gear may only declare one trawl gear at a
time and may not declare fixed gear on the same trip in which trawl
gear is declared.
(A) One of the following gear types or sectors must be declared:
(1) Limited entry fixed gear, not including Shorebased IFQ Program,
[[Page 66638]]
(2) Limited entry groundfish non-trawl, Shorebased IFQ Program,
(3) Limited entry midwater trawl, non-whiting Shorebased IFQ
Program,
(4) Limited entry midwater trawl, Pacific whiting Shorebased IFQ
Program,
(5) Limited entry midwater trawl, Pacific whiting catcher/processor
sector,
(6) Limited entry midwater trawl, Pacific whiting mothership sector
(catcher vessel or mothership),
(7) Limited entry bottom trawl, Shorebased IFQ Program, not
including demersal trawl,
(8) Limited entry demersal trawl, Shorebased IFQ Program,
(9) Non-groundfish trawl gear for pink shrimp,
(10) Non-groundfish trawl gear for ridgeback prawn,
(11) Non-groundfish trawl gear for California halibut,
(12) Non-groundfish trawl gear for sea cucumber,
(13) Open access longline gear for groundfish,
(14) Open access Pacific halibut longline gear,
(15) Open access groundfish trap or pot gear,
(16) Open access Dungeness crab trap or pot gear,
(17) Open access prawn trap or pot gear,
(18) Open access sheephead trap or pot gear,
(19) Open access line gear for groundfish,
(20) Open access HMS line gear,
(21) Open access salmon troll gear,
(22) Open access California Halibut line gear,
(23) Open access Coastal Pelagic Species net gear,
(24) Other, or
(25) Tribal trawl.
(26) Open access California gillnet complex gear.
* * * * *
0
2. On page 62277, in amendatory instruction 8, in the second column,
paragraph (c)(2)(iii) is corrected to read as follows:
Sec. 660.130 [Corrected]
(c) * * *
(2) * * *
(iii) The use of small footrope trawl, other than selective
flatfish trawl gear, is prohibited inside the Klamath River Salmon
Conservation Zone (defined at Sec. 660.131(c)(1)) and the Columbia
River Salmon Conservation Zone (defined at Sec. 660.131(c)(2)).
* * * * *
0
3. On page 62277, in amendatory instruction 8, in the second column,
paragraph (c)(4)(i)(A) is corrected to read as follows:
Sec. 660.130 [Corrected]
(c) * * *
(4) * * *
(i) * * *
(A) A vessel may not have both groundfish trawl gear and non-
groundfish trawl gear on board simultaneously. A vessel may have more
than one type of midwater groundfish trawl gear on board, either
simultaneously or successively, during a cumulative limit period. A
vessel may have more than one type of limited entry bottom trawl gear
on board (large or small footrope, including selective flatfish trawl),
either simultaneously or successively, during a cumulative limit period
except between 42[deg] N latitude and 40[deg]10' N latitude and
shoreward of the trawl RCA. Between 42[deg] N latitude and 40[deg]10' N
latitude and shoreward of the trawl RCA, vessels are prohibited from
having any type of small footrope trawl gear other than selective
flatfish trawl gear on board when fishing.
* * * * *
0
4. On page 62277, in amendatory instruction 8, in the third column,
paragraph (c)(4)(ii)(A) is corrected to read as follows:
Sec. 660.130 [Corrected]
(c) * * *
(4) * * *
(ii) * * *
(A) A vessel may not have both groundfish trawl gear and non-
groundfish trawl gear onboard simultaneously. A vessel may have more
than one type of midwater groundfish trawl gear on board, either
simultaneously or successively, during a cumulative limit period. A
vessel may have more than one type of limited entry bottom trawl gear
on board (large or small footrope, including selective flatfish trawl),
either simultaneously or successively, during a cumulative limit
period.
* * * * *
Authority: 16 U.S.C. 1801 et seq.
Dated: December 19, 2018.
Donna S. Wieting,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2018-27921 Filed 12-26-18; 8:45 am]
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