[Federal Register Volume 85, Number 30 (Thursday, February 13, 2020)]
[Rules and Regulations]
[Pages 8200-8204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02044]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 180625576-8999-02]
RIN 0648-BJ43


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2019-2020 Biennial Specifications and 
Management Measures; Inseason Adjustments; Correction

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

ACTION: Final rule; correcting amendments.

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SUMMARY: NMFS published a final rule on January 3, 2020 that made 
routine inseason adjustments to management measures in commercial 
groundfish fisheries. This action corrects publication errors in the 
trip limit tables for non-individual fishing quota (IFQ) species and 
limited entry fixed gear (LEFG) vessels that were implemented through 
the final rule.

DATES: Effective February 13, 2020.

FOR FURTHER INFORMATION CONTACT: Karen Palmigiano, NMFS West Coast 
Regional Office, telephone: 206-526-4491 or email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    This final rule is accessible via the internet at the Office of the 
Federal Register's website at http://www.gpoaccess.gov/fr/index.html. 
Background information and documents are available at the Pacific 
Fishery Management Council's (Council's) website at http://www.pcouncil.org/.

Background

    NMFS published a final rule (85 FR 250; January 3, 2020), effective 
January 2, 2020, that made routine inseason adjustments to managements 
measures in commercial groundfish fisheries. The final rule implemented 
recommendations made by the Pacific Fishery Management Council 
(Council) at its November 14-20, 2019 meeting. These recommendations 
included adjustments to the trip limits for vessels in the limited 
entry fixed gear (LEFG) and open access (OA) fisheries that are 
targeting sablefish, lingcod, the Minor Slope rockfish complex and 
darkblotched rockfish, the Minor Nearshore Rockfish complex, deeper 
nearshore rockfish complex, and bocaccio for 2020, as well as 
adjustments to the Shorebased individual fishing quota (IFQ) Program 
fishery trip limits for big skate for 2020. After publication of the 
final rule, three publication errors were noted.

Need for Correction

    Three corrections are needed so that the implementing regulations 
are accurate and implement the adjustments to management measures as 
intended by the Council and described in the preamble of the final rule 
(85 FR 250).
    First, the implementing regulations on pages 257 and 258 of the 
final rule (85 FR 250; January 3, 2020) for Tables 1 (North) and 
(South) to part 660, subpart D, included formatting errors that 
inadvertently removed the label for the big skate trip limits leaving a 
trip limit in Line 10 of each table without a species label. This 
correction would update Line 10 of each of the tables to include the 
label of ``Big Skate'' for those trip limits.
    Second, the implementing regulations on page 260, Table 2 (South) 
to part 660, subpart E, inadvertently omitted the Council's recommended 
decrease to the trip limit for LEFG vessels targeting sablefish between 
40[deg]10' North latitude (N lat.) and 36[deg] N lat. from ``1,700 
pounds (lb) (771 kilograms [kg]) per week, not to exceed 5,100 lb 
(2,313 kg) per two months'' to ``1,300 lb (560 kg) per week, not to 
exceed 3,900 (1,769 kg) per two months.'' This correction would replace 
the current limit in Line 6 of Table 2 (South) with the new lower trip 
limit for LEFG vessels targeting sablefish between 40[deg]10' N lat. 
and 36[deg] N lat consistent with the Council's intent and as described 
in the preamble to the final rule.
    Lastly, the implementing regulations on 260, Table 2 (South) to 
part 660, subpart E, included a formatting error in Line 39 that 
inadvertently removed the label for the Pacific cod trip limit leaving 
a trip limit in Line 39 without a species label. This action would 
update Line 39 of Table 2 (South) to include the label of ``Pacific 
Cod'' for the trip limits on Line 39.

[[Page 8201]]

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 action corrects inadvertent errors in regulations made in the 
final rule published on January 3, 2020 (85 FR 250), 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 action must go into effect upon 
publication. In addition, notice and comment is unnecessary because 
this action makes only minor changes to correct the final rule. The 
public, states and the Council are aware of the correct intent of the 
regulations through the Council's public process used to develop the 
final rule and had the opportunity to comment on these adjustments 
during public comment at the Council's November meeting. The preamble 
to the January 3, 2020, 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 any operating practices in the fishery.
    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 was effective January 2, 2020. 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 action is taken under the authority of 50 CFR 660.60(c) and is 
exempt from review under Executive Order 12866.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian Fisheries.

    Dated: January 29, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

    For reasons explained in the preamble, 50 CFR part 660 is corrected 
by making the following correcting amendments:

PART 660--FISHERIES OFF WEST COAST STATES

0
1. The authority citation for 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. Tables 1 (North) and (South) to part 660, subpart D are corrected to 
read as follows:

[[Page 8202]]

[GRAPHIC] [TIFF OMITTED] TR13FE20.015


[[Page 8203]]


[GRAPHIC] [TIFF OMITTED] TR13FE20.016

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0
2. Table 2 (South) to part 660, subpart E is corrected to read as 
follows:

[[Page 8204]]

[GRAPHIC] [TIFF OMITTED] TR13FE20.017

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[FR Doc. 2020-02044 Filed 2-12-20; 8:45 am]
 BILLING CODE 3510-22-P