[Federal Register Volume 86, Number 51 (Thursday, March 18, 2021)]
[Rules and Regulations]
[Pages 14693-14694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05560]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 210312-0054]
RIN 0648-BK15


Fisheries Off West Coast States; Emergency Action to Temporarily 
Extend the Primary Sablefish Fishery Season; Correction

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

ACTION: Correcting amendment.

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SUMMARY: This action corrects the regulations governing the West Coast 
Sablefish Primary fishery after the expiration of the emergency rule to 
temporarily extend the 2020 season for the Sablefish Primary fishery. 
The amendatory instructions for the temporary rule were written 
incorrectly so that when the temporary rule expired, important 
regulations were removed and reserved rather than reinstated correctly. 
These corrections are necessary so the regulations accurately implement 
the Pacific Fishery Management Council's intent.

DATES: This correction is effective March 18, 2021.

FOR FURTHER INFORMATION CONTACT: Colin Sayre, phone: (206) 526 4656 or 
email: [email protected].

SUPPLEMENTARY INFORMATION: NMFS published a temporary emergency rule on 
October 27, 2020 (85 FR 68001), that extended the season length for the 
West Coast Sablefish Primary fishery. The temporary rule extended the 
season close date from October 31 to December 31 for the 2020 fishing 
year, based on a recommendation from the Pacific Fishery Management 
Council (the Council) during its September 2020 meeting. The temporary 
rule expired at noon on December 31, 2020. After expiration of the 
temporary rule, NMFS noted the need for two corrections.

Corrections

    This action corrects the regulations governing the West Coast 
Sablefish Primary fishery. The season dates for the sablefish primary 
fishery have historically run from April 1 until October 31 and were 
established in regulations under Amendment 14 to the Pacific Coast 
Groundfish Fishery Management Plan (August 7, 2001; 66 FR 41152). The 
amendatory instructions for the temporary rule (October 27, 2020; 85 FR 
68001) were written incorrectly so that when the temporary rule 
expired, two important regulations were reserved rather than reinstated 
correctly. Specifically, the season dates codified at Sec.  
660.231(b)(1) were inadvertently removed and reserved. This correction 
will reinstate that paragraph which sets out the season dates for this 
fishery. The reinstated season dates are April 1 to October 31.
    Additionally, NMFS inadvertently removed and reserved a paragraph 
referring to the season dates for the primary sablefish fishery at 
Sec.  660.213(d)(2) as part of the recordkeeping and reporting 
requirements for the fishery. This correction will reinstate that 
paragraph.
    These two corrections are consistent with the Council action to 
extend the season length for the West Coast Sablefish Primary fishery 
temporarily for the 2020 fishing year, and are needed to correctly 
implement the intent of the Council's recommendation in September 2020. 
The substance of the text is unchanged from what was in existing 
regulations prior to the October 27, 2020 temporary rule.

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 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 October 27, 2020 
temporary rule. Immediate correction of the errors is necessary to 
prevent confusion among participants in the fishery that could result 
in issues with enforcement of season dates for the fishery. To 
effectively correct the errors, the changes in this action must be 
effective upon publication as the fishery will begin on April 1, 2021. 
Thus, there is not sufficient time for notice and comment. In addition, 
notice and comment is unnecessary because this correcting amendment 
reinstates previously established regulations and corrects inadvertent 
errors related to the October 27, 2020 temporary rule. These 
corrections will not affect the results of analyses conducted to 
support management decisions in the Pacific coast groundfish fishery. 
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 correcting amendment reinstates season dates in previously 
established regulations that should have been reinstated following 
expiration of the October 27 temporary rule. 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.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian Fisheries.

    Dated: March 12, 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 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.  660.213(d)(2), add paragraph (d)(2) to read as follows:


Sec.  660.213   Fixed gear fishery--recordkeeping and reporting.

* * * * *
    (d) * * *
    (2) For participants in the sablefish primary season, the 
cumulative limit period to which this requirement

[[Page 14694]]

applies is April 1 through October 31 or, for an individual vessel 
owner, when the tier limit for the permit(s) registered to the vessel 
has been reached, whichever is earlier.
* * * * *

0
3. In Sec.  660.231, add paragraph (b)(1) to read as follows:


Sec.  660.231   Limited entry fixed gear sablefish primary fishery.

* * * * *
    (b) * * *
    (1) Season dates. North of 36[deg] N lat., the sablefish primary 
season for the limited entry, fixed gear, sablefish-endorsed vessels 
begins at 12 noon local time on April 1 and closes at 12 noon local 
time on October 31, or closes for an individual vessel owner when the 
tier limit for the sablefish endorsed permit(s) registered to the 
vessel has been reached, whichever is earlier, unless otherwise 
announced by the Regional Administrator through the routine management 
measures process described at Sec.  660.60(c).
* * * * *

[FR Doc. 2021-05560 Filed 3-17-21; 8:45 am]
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