[Federal Register Volume 86, Number 49 (Tuesday, March 16, 2021)]
[Rules and Regulations]
[Pages 14379-14386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05359]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 210308-0049]
RIN 0648-BJ74


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2021-2022 Biennial Specifications and 
Management Measures; Correction

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

ACTION: Final rule; correcting amendment.

-----------------------------------------------------------------------

SUMMARY: This action contains corrections to the final rule for the 
2021-2022 Biennial Harvest Specifications and Management Measures for 
groundfish harvested in the U.S. exclusive economic zone off the coasts 
of Washington, Oregon, and California published on December 11, 2020. 
This action corrects: the Rockfish Conservation Area (RCA) waypoints 
for the 100 fathom depth contour, the other flatfish gear restrictions 
in the RCA, language describing the boundary lines for the depth 
contours, and the boundaries of the non-groundfish RCA for California 
halibut, sea cucumber, and ridgeback prawns south of 34[deg]27' N. lat. 
These corrections are necessary so the regulations accurately implement 
the Pacific Fishery Management

[[Page 14380]]

Council's intent and are consistent with what was anticipated by 
participants in the groundfish fishery.

DATES: This correction is effective March 16, 2021.

FOR FURTHER INFORMATION CONTACT: Karen Palmigiano at 
[email protected] or 206-526-4491.

SUPPLEMENTARY INFORMATION: NMFS published a final rule on December 11, 
2020, (85 FR 79880), that implemented the 2021-2022 harvest 
specifications and management measures for groundfish harvested in the 
U.S. exclusive economic zone off the coasts of Washington, Oregon, and 
California. That final rule was effective January 1, 2021. After 
publication of the final rule, NMFS noted the need for four 
corrections.

Corrections

    The final rule for the 2021-2022 groundfish harvest specifications 
and management measures (85 FR 79880; December 11, 2020) inadvertently 
deleted the final waypoint for the line approximating the 100-fathom 
depth contour coast-wide at the U.S. and Mexico border. This waypoint, 
known as point #322, at 32[deg]34.22' North latitude (N lat.), 
117[deg]21.20' West longitude (W. long.) was part of the regulations in 
2020 and the Pacific Fishery Management Council (Council) did not 
recommend to remove it through the 2021-2022 harvest specifications. 
This final rule will add point #322 back into the list of waypoints for 
the 100-fathom line. Without this point identified in the regulations, 
it is difficult for members of industry to use their plotters to 
identify the boundaries of the non-trawl RCA. Additionally, the 
waypoint must be reinstated into the regulations in order for law 
enforcement to correctly enforce the boundaries of the non-trawl RCA. 
This correcting amendment would revise the regulations to reinstate the 
missing waypoint.
    In order to make the description of the depth contours off of 
California consistent with the description used for Oregon and 
Washington, the final rule noted in section ``V. Changes From the 
Proposed Rule'' that the language describing the boundary lines in 
Sec.  660.360(3)(i)(A)(1) and (2) would be changed from . . . is 
prohibited seaward of the 30 fm (55m) depth contour . . . to . . . is 
prohibited seaward of the boundary line approximating the 30 fm (55m) 
depth contour . . . . However, the final rule inadvertently did not 
change the regulatory text to include the updated description. This 
correcting amendment would revise the language in Sec.  
660.360(3)(i)(A)(1) and (2) to include the correct description of the 
depth contours consistent with the intent of the 2021-2022 harvest 
specifications final rule and the Council's intent. This clarification 
is needed to provide consistency among sections in the regulations so 
that the description of the depth contours for recreational closed 
areas are consistent between the three states.
    The final rule implemented the Council recommendation to remove the 
gear restrictions for the limited-entry fixed-gear (LEFG) and open-
access (OA) fishery targeting stocks in the ``Other Flatfish'' complex 
south of 42[deg] N lat. by removing the hook-and-line gear restriction 
language from the LEFG and OA trip limit tables. However, NMFS 
inadvertently did not remove the gear restriction from other sections 
of the regulatory text. Specifically, the requirement to use no more 
than 12 hooks, Number 2 or smaller, which measure no more than 11 mm 
(0.44 inches) point to shank and up to two 1-lb (0.45 kg) weights per 
line should have been removed in all places it appears in the 
regulatory text and replaced with hook and line gear only. This final 
rule would remove the gear restriction specifying the type and number 
of hooks from the regulations so that the regulations are consistent 
and follow the intent of the action. This correction is needed to 
reduce confusion and inconsistencies in the regulatory text as to what 
gears are allowed to be used inside the non-trawl RCA.
    The final rule included a typographical error in the description of 
the boundary lines south of 34[deg]27' N lat. for the non-groundfish 
trawl RCA for California halibut, sea cucumber, and ridgeback prawns in 
Table 3 (South) to Subpart F. Instead of stating the fathom lines of 
the boundary, the boundaries are stated as 01/01/2021+A108:P133. This 
final rule will correct the boundary from the 100 fm line to the 150 fm 
line. This correction is needed to enforce the boundaries of this non-
groundfish trawl RCA and also to reduce confusion about the boundaries 
among members of industry.
    All of these corrections are consistent with the Council action for 
the 2021-2022 groundfish harvest specifications and the public expects 
the regulations to be written as in the correction. These are minor 
corrections to correctly implement the Council's intent in their final 
action taken in June 2020.

Classification

    NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Act. In a previous action taken pursuant to section 304(b), the 
Council designed the Pacific Coast Groundfish Fishery Management Plan 
(FMP) to authorize NMFS to take this action pursuant to MSA section 
305(d). See 50 CFR 660. The NMFS Assistant Administrator has determined 
that this final rule is consistent with the FMP and other applicable 
law.
    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 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 inadvertent errors related to the December 11, 
2020 final rule (85 FR 79880). Immediate correction of the errors is 
necessary to prevent confusion among participants in the fishery due to 
conflicting gear restrictions and lack of waypoints to define boundary 
lines that could result in issues with enforcement. To effectively 
correct the errors, the changes in this action must be effective upon 
publication as the fishery has already begun. Thus, there is not 
sufficient time for notice and comment. In addition, notice and comment 
is unnecessary because this notice makes only minor changes to correct 
inadvertent errors related to the December 11, 2020 final rule (85 FR 
79880). These corrections will not affect the results of analyses 
conducted to support management decisions in the Pacific Coast 
groundfish fishery. These corrections are consistent with the Council's 
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 makes only minor corrections to the final rule 
which was effective January 1, 2021. 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.

[[Page 14381]]

    This final rule is not significant under Executive Order 12866.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian fisheries.

    Dated: March 10, 2021.
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 by making the following correcting amendments:

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. In Sec.  660.73, add paragraph (a)(322) to read as follows:


Sec.  660.73   Latitude/longitude coordinates defining the 100 fm (183 
m) through 150 fm (274 m) depth contours.

* * * * *
    (a) * * *
    (322) 32[deg]34.22' N lat., 117[deg]21.20' W long.
* * * * *

0
3. In Sec.  660.230, revise paragraph (d) introductory text, add 
paragraph (d)(10)(i), and revise paragraphs (d)(11)(iv) and (d)(12) and 
(13) to read as follows:


Sec.  660.230  Fixed gear fishery--management measures.

* * * * *
    (d) Groundfish conservation areas. GCAs are defined by coordinates 
expressed in degrees of latitude and longitude. The latitude and 
longitude coordinates of the GCA boundaries are specified at Sec. Sec.  
660.70 through 660.74. A vessel that is authorized by this paragraph to 
fish within a GCA (e.g., fishing for ``other flatfish'' with hook and 
line gear only), may not simultaneously have other gear on board the 
vessel that is unlawful to use for fishing within the GCA. The 
following GCAs apply to vessels participating in the limited entry 
fixed gear fishery.
* * * * *
    (10) * * *
    (i) Fishing for ``other flatfish'' is permitted within the CCAs 
with hook and line gear only; and provided a valid declaration report 
as required at Sec.  660.13(d), subpart C, has been filed with NMFS 
OLE.
* * * * *
    (11) * * *
    (iv) It is lawful to fish within the nontrawl RCA with limited 
entry fixed gear using hook and line gear only when trip limits 
authorize such fishing, and provided a valid declaration report as 
required at Sec.  660.13(d), subpart C, has been filed with NMFS OLE.
    (12) Farallon Islands. Under California law, commercial fishing for 
all groundfish is prohibited between the shoreline and the 10 fm (18 m) 
depth contour around the Farallon Islands. An exception to this 
prohibition is that commercial fishing for ``other flatfish'' is 
allowed around the Farallon Islands using hook and line gear only. (See 
Table 2 (South) of this subpart.) For a definition of the Farallon 
Islands, see Sec.  660.70, subpart C.
    (13) Cordell Banks. Commercial fishing for groundfish is prohibited 
in waters of depths less than 100 fm (183 m) around Cordell Banks, as 
defined by specific latitude and longitude coordinates at Sec.  660.70, 
subpart C. An exception to this prohibition is that commercial fishing 
for ``other flatfish'' is allowed around Cordell Banks using hook and 
line gear only.
* * * * *

0
4. Revise Table 2 (North) and Table 2 (South) to part 660, subpart E, 
to read as follows:
BILLING CODE 3510-22-P

[[Page 14382]]

[GRAPHIC] [TIFF OMITTED] TR16MR21.000


[[Page 14383]]


[GRAPHIC] [TIFF OMITTED] TR16MR21.001

BILLING CODE 3510-22-C

0
5. In Sec.  660.330, revise paragraphs (d) introductory text, 
(d)(11)(i), (d)(12)(iv), and (d)(14) and (15) to read as follows:


Sec.  660.330   Open access fishery--management measures.

* * * * *
    (d) Groundfish conservation areas (GCAs). GCAs, a type of closed 
area, are defined at Sec.  660.11 and with latitude and longitude 
coordinates at Sec. Sec.  660.70 through 660.74. A vessel that is 
authorized by this paragraph to fish within a GCA (e.g., fishing for 
``other flatfish'' using hook and line gear only), may not 
simultaneously have other gear on board the vessel that is unlawful to 
use for fishing within the GCA. The following GCAs apply to vessels 
participating in the open access groundfish fishery.
* * * * *
    (11) * * *
    (i) Fishing for ``other flatfish'' is allowed within the CCAs with 
hook and line gear only; and provided a valid declaration report as 
required at Sec.  660.13(d), has been filed with NMFS OLE.
* * * * *
    (12) * * *
    (iv) Fishing for ``other flatfish'' off California (between 42[deg] 
N lat. south to the U.S./Mexico border) is allowed within the nontrawl 
RCA with hook and line gear only; and provided a valid declaration 
report as required at Sec.  660.13(d), has been filed with NMFS OLE.
* * * * *
    (14) Farallon Islands. Under California law, commercial fishing for 
all groundfish is prohibited between the shoreline and the 10 fm (18 m) 
depth contour around the Farallon Islands. An

[[Page 14384]]

exception to this prohibition is that commercial fishing for ``other 
flatfish'' is allowed around the Farallon Islands using hook and line 
gear only. (See Table 2 (South) of this subpart.) For a definition of 
the Farallon Islands, see Sec.  660.70, subpart C.
    (15) Cordell Banks. Commercial fishing for groundfish is prohibited 
in waters of depths less than 100-fm (183-m) around Cordell Banks, as 
defined by specific latitude and longitude coordinates at Sec.  660.70, 
subpart C. An exception to this prohibition is that commercial fishing 
for ``other flatfish'' is allowed around Cordell Banks using hook and 
line gear only.
* * * * *

0
6. Revise Table 3 (North) and Table 3 (South) to part 660, subpart F, 
to read as follows:
BILLING CODE 3510-22-P
[GRAPHIC] [TIFF OMITTED] TR16MR21.002


[[Page 14385]]


[GRAPHIC] [TIFF OMITTED] TR16MR21.003


[[Page 14386]]


[GRAPHIC] [TIFF OMITTED] TR16MR21.004


0
7. In Sec.  660.360, revise paragraphs (c)(3)(i)(A)(1) and (2) to read 
as follows:


Sec.  660.360  Recreational fishery--management measures.

* * * * *
    (c) * * *
    (3) * * *
    (i) * * *
    (A) * * *
    (1) Between 42[deg] N lat. (California/Oregon border) and 
40[deg]10' N lat. (Northern Management Area), recreational fishing for 
all groundfish (except petrale sole, starry flounder, and ``Other 
Flatfish'' as specified in paragraph (c)(3)(iv) of this section) is 
closed from January 1 through April 30; is prohibited seaward of the 
boundary line approximating the 30 fm (55 m) depth contour along the 
mainland coast and along islands and offshore seamounts from May 1 
through October 31 (shoreward of 30 fm is open); and is open at all 
depths from November 1 through December 31.
    (2) Between 40[deg]10' N lat. and 38[deg]57.50' N lat. (Mendocino 
Management Area), recreational fishing for all groundfish (except 
petrale sole, starry flounder, and ``Other Flatfish'' as specified in 
paragraph (c)(3)(iv) of this section) is closed from January 1 through 
April 30; prohibited seaward of the boundary line approximating the 30 
fm (55 m) depth contour along the mainland coast and along islands and 
offshore seamounts from May 1 through October 31 (shoreward of 30 fm is 
open), and is open at all depths from November 1 through December 31.
* * * * *
[FR Doc. 2021-05359 Filed 3-15-21; 8:45 am]
BILLING CODE 3510-22-C