[Federal Register Volume 86, Number 98 (Monday, May 24, 2021)]
[Rules and Regulations]
[Pages 27816-27822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10822]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 210518-0108]
RIN 0648-BK60


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.

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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 seaward boundary of the non-trawl Rockfish 
Conservation Area, the southern boundary of the trawl Rockfish 
Conservation Area, the salmon troll incidental limits title, and 
republishes two trip limit tables that had text inadvertently cut off.

DATES: This final rule is effective on May 24, 2021.

ADDRESSES: Electronic Access: This rule is accessible via the internet 
at the Office of the Federal Register website at https://www.federalregister.gov. Background information and documents are 
available at the Pacific Fishery Management Council's website at http://www.pcouncil.org/.

FOR FURTHER INFORMATION CONTACT: Keeley Kent, phone: 206-247-8252 or 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Pacific Coast Groundfish Fishery Management Plan (PCGFMP) and 
its implementing regulations at title 50 in the Code of Federal 
Regulations (CFR), part 660, subparts C through G, regulate fishing for 
over 90 species of groundfish off the coasts of Washington, Oregon, and 
California. The Pacific Fishery Management Council (Council) develops 
groundfish harvest specifications and management measures for two-year 
periods (i.e., a biennium). NMFS published the final rule to implement 
harvest specifications

[[Page 27817]]

and management measures for the 2021-2022 biennium for most species 
managed under the PCGFMP on December 11, 2020 (85 FR 79880). NMFS also 
published a correction (85 FR 86853, December 31, 2020) and a 
correcting amendment (86 FR 14379, March 16, 2021) to implement the 
Council's recommendations for the 2021-2022 harvest specifications and 
management measures.

Non-Trawl Rockfish Conservation Area Correction

    The final rule, published on December 11, 2020 (85 FR 79880), 
included a typographical error in the seaward boundary line of the Non-
Trawl Rockfish Conservation Area (RCA) south of 34[deg]27' N lat. in 
Table 2 (South) to Subpart E. The final rule mistakenly amended the 
seaward boundary of the non-trawl RCA described for the limited entry 
fixed gear fishery in a way that was inconsistent with the Council-
recommended boundaries and was also contradictory to the boundaries of 
the non-trawl RCA described in open access fishery regulations. This 
final rule will correct the seaward boundary from the boundary line 
approximating the 125 fathom (fm) depth contour to the boundary line 
approximating the 150 fm depth contour. At the April 8-9 and 12-15, 
2021 virtual meeting, the Council recommended that this correction be 
implemented quickly to resolve inconsistencies within the regulations, 
reduce confusion among members of industry, and to promote ease of 
enforcement for the boundaries of the non-trawl RCA.

Trawl Rockfish Conservation Area Correction

    The final rule also included a typographical error in the southern 
boundary line of the Trawl RCA in Table 1 (North) to part 660, subpart 
D. The final rule mistakenly amended the southern boundary of the trawl 
RCA in a way that was inconsistent with the Council-recommended 
boundaries that were established previously under Amendment 28 to the 
PCGFMP (84 FR 63966; November 19, 2019) and were not recommended for 
change through the 2021-2022 harvest specifications rulemaking. This 
final rule will correct the southern boundary from 45[deg]46' N 
latitude to 46[deg]16' N latitude, which aligns with the Washington/
Oregon border.

Salmon Troll Incidental Allowance Correction

    The final rule included a typographical error in the salmon troll 
incidental limits title in Table 3 South to Subpart F. The table in the 
final rule incorrectly referenced incidental retention of yellowtail 
and incidental retention of lingcod in the title of the section. Salmon 
trollers are not allowed to retain incidentally caught lingcod south of 
40[deg]10' N latitude, as was correctly described in the description of 
the limit. This correction of the title would address that 
inconsistency.

Other Errors in Table Readability

    This correction also republishes Table 2 North and Table 3 South as 
the final rule had a row of cut off text in each.

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 December 11, 
2020 final rule (85 FR 79880). Immediate correction of the errors is 
necessary to prevent confusion among participants in the fishery. 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.
    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: May 18, 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 amended 
as follows:
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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.


[[Page 27818]]



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2. Revise Table 1 (North) to part 660, subpart D, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR24MY21.012


[[Page 27819]]



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3. Revise Table 2 (North) to part 660, subpart E, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR24MY21.013


[[Page 27820]]



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4. Revise Table 2 (South) to part 660, subpart E, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR24MY21.014


[[Page 27821]]



0
5. Revise Table 3 (South) to part 660, subpart F, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR24MY21.015


[[Page 27822]]


[GRAPHIC] [TIFF OMITTED] TR24MY21.016

[FR Doc. 2021-10822 Filed 5-21-21; 8:45 am]
BILLING CODE 3510-22-C