[Federal Register Volume 84, Number 231 (Monday, December 2, 2019)]
[Rules and Regulations]
[Pages 65925-65926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25931]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 191125-0091]
RIN 0648-BI67


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; Annual Specifications and Management 
Measures for the 2019 Tribal and Non-Tribal Fisheries for Pacific 
Whiting, and Requirement To Consider Chinook Salmon Bycatch Before 
Reapportioning Tribal Whiting; Correction

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 contains a correction to the final rule published 
on May 10, 2019, to establish the harvest specifications and management 
measures for the 2019 Pacific whiting fishery under the authority of 
the Pacific Coast Groundfish Fishery Management Plan, the Magnuson-
Stevens Fishery Conservation and Management Act, and the Pacific 
Whiting Act of 2006. This action restores language inadvertently 
omitted from the final rule that explains that NMFS will consider 
Chinook salmon bycatch and bycatch rates prior to reapportionment of 
the tribal Pacific whiting allocation. These corrections are necessary 
to restore this language so that the regulations accurately implement 
the National Marine Fisheries Service's intent, as described in the 
preamble to the final rule.

DATES: Effective December 2, 2019.

FOR FURTHER INFORMATION CONTACT: Stacey Miller (West Coast Region, 
NMFS), phone: 503-231-6290, and email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS published a final rule on May 10, 2019 
(84 FR 20578), that implemented the 2019 harvest specifications and 
management measures for Pacific whiting harvested in the U.S. exclusive 
economic zone off the coasts of Washington, Oregon and California. The 
final rule inadvertently omitted regulatory language explaining that 
NMFS will consider the level of Chinook bycatch and bycatch rates prior 
to determining reapportionment of the treaty tribes' whiting to the 
non-treaty sectors. This action is required under Terms of Conditions 
2.c. of the 2017 ESA section 7(a)(2) biological opinion on the effects 
of the Pacific Coast Groundfish Fishery Management Plan on salmonids. 
The proposed rule (84 FR 9471) published on March 15, 2019, contained 
this language and the preamble and response to comment in the final 
rule discussed the reconsideration in detail. This correction action 
restores the inadvertently omitted regulatory text.
    This correction is consistent with NMFS action for the 2019 Pacific 
whiting harvest specifications and is a minor correction to correctly 
implement NMFS intent in their final action taken in May 2019.

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 additional public comment on this action, as notice and 
comment would be unnecessary and contrary to public interest. Providing 
prior notice and the opportunity for additional public comment is 
unnecessary because the public received notice and an opportunity to 
comment on the proposed rule (84 FR 9471), including this regulatory 
text. This correcting amendment reinstates the regulatory text that was 
inadvertently omitted from the final rule that published on May 10, 
2019 (84 FR 20578). If the rule was delayed to allow for prior notice 
and an additional opportunity for public comment, it would cause 
confusion because the public and fishery participants believe that the 
omitted text is already included in the regulations. Additionally, 
public comment and notice would be contrary to the public interest 
because immediate correction of the error is necessary to manage the 
Pacific whiting stock to optimal yield,

[[Page 65926]]

ensure that the Pacific Coast Groundfish Fishery Management Plan (FMP) 
is implemented in a manner consistent with treaty rights of treaty 
tribes to fish for Pacific whiting in their ``usual and accustomed 
grounds and stations'' in common with non-tribal citizens, and protect 
salmon stocks listed under the Endangered Species Act. To effectively 
correct the error, the change in this action must be effective upon 
publication as the fishery has already begun. The correction will not 
affect the results of analyses conducted to support management 
decisions in the Pacific whiting fishery. The correction is consistent 
with NMFS' intent for regulations and the public expects the 
regulations to be written as in the correction. No change in operating 
practices in the fishery is required.
    For the same reasons stated above, the AA has determined good cause 
exists to waive the 30-day delay in effectiveness pursuant to 5 U.S.C. 
553(d). This notice only makes a minor correction to the final rule, 
which was effective May 10, 2019. Delaying effectiveness of this 
correction 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. 
This final rule was developed after meaningful consultation with the 
tribal representative on the Council who has agreed with the provisions 
that apply to tribal vessels.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian Fisheries.

    Dated: November 25, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is 
corrected as follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
1. The authority citation for 50 CFR part 660 continues to read as 
follows:

    Authority:  16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 
16 U.S.C. 7001 et seq.


0
2. Amend Sec.  660.131 by revising paragraph (h)(4) and adding 
paragraph (h)(5) to read as follows:


Sec.  660.131  Pacific whiting fishery management measures.

* * * * *
    (h) * * *
    (4) Estimates of the portion of the tribal allocation that will not 
be used by the end of the fishing year will be based on the best 
information available to the Regional Administrator.
    (i) Salmon bycatch. This fishery may be closed through automatic 
action at Sec.  660.60(d)(1)(v) and (vi).
    (ii) [Reserved]
    (5) Prior to reapportionment, NMFS will consider Chinook salmon 
take numbers and bycatch rates in each sector of the Pacific whiting 
fishery, in order to prevent a reapportionment that would limit Pacific 
Coast treaty Indian Tribes' access to the tribal allocation by 
triggering inseason closure of the Pacific whiting fishery as described 
at Sec.  660.60(d)(1)(v).
* * * * *
[FR Doc. 2019-25931 Filed 11-29-19; 8:45 am]
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