[Federal Register Volume 86, Number 100 (Wednesday, May 26, 2021)]
[Rules and Regulations]
[Pages 28293-28294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11156]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 210521-0115]
RIN 0648-BK61


Fisheries Off West Coast States; West Coast Salmon Fisheries; 
2021 Management Measures; Correction

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

ACTION: Final rule; correction.

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SUMMARY: NMFS established fishery management measures for the 2021 
ocean salmon fisheries off Washington, Oregon, and California, and the 
2022 salmon seasons opening earlier than May 16, 2022. The final rule, 
published in the Federal Register on May 14, 2021, included a 
transcription error in the management measures for the recreational 
salmon fishery in the area from Pigeon Point, CA, to the U.S./Mexico 
border (Monterey management area). This action corrects that error by 
adding the language that was omitted from the May 14, 2021, rule.

DATES: Effective May 24, 2021.

FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323.

SUPPLEMENTARY INFORMATION: The final rule published May 14, 2021, (86 
FR 26425), describes annual management measures for managing the 
harvest of salmon in the ocean waters under the jurisdiction of the 
Pacific Fishery Management Council (Council). This document corrects an 
error in the May 14, 2021 rule by adding management measures for the 
recreational salmon fishery in the Monterey management area to make the 
2021 salmon fisheries consistent with the Council's recommendations.

Need for Correction

    The 2021 salmon management measures (86 FR 26425, May 14, 2021), 
Section 2, part A describes the recreational salmon fisheries in the 
Monterey management area. There is a transcription error in this part 
of the rule, rendering it inconsistent with the Council's 
recommendations for the 2021 salmon management measures, as adopted at 
their April 2021 meeting. The May 14, 2021 rule omitted the May 16-
September 30, 2021 fishery in the Monterey management area, which was 
recommended by the Council.

Correction

    In FR Doc. 2021-10035, appearing on page 26425, in the Federal 
Register of Friday, May 14, 2021, the following correction is made:
    On page 26435, in the third column, the description of the 
recreational salmon fishery from Pigeon Point to U.S./Mexico border 
(Monterey) management area is corrected to read as follows:

--Pigeon Point to U.S./Mexico border (Monterey)

    April 3-May 15 (C.6). Open seven days per week. All salmon except 
coho salmon, two salmon per day (C.1). Chinook salmon minimum size 
limit of 24 inches total length (B). See gear restrictions and 
definitions (C.2, C.3).
    May 16-September 30 (C.6). Open seven days per week. All salmon 
except coho salmon, two salmon per day (C.1). Chinook salmon minimum 
size limit of 20 inches total length (B). See gear restrictions and 
definitions (C.2, C.3).
    In 2022, season opens April 2 for all salmon except coho salmon, 
two salmon per day (C.1). Chinook salmon minimum size limit of 24 
inches total length (B); and the same gear restrictions as in 2021 
(C.2, C.3). This

[[Page 28294]]

opening could be modified following Council review at its March 2022 
meeting.

Classification

    NMFS is issuing this rule pursuant to 305(d) of the MSA. The reason 
for using this regulatory authority is: In a previous action taken 
pursuant to section 304(b), the Council designed the Fishery Management 
Plan (FMP) to authorize NMFS to take this action pursuant to MSA 
section 305(d). See 50 CFR 660.408. These regulations are being 
promulgated under the authority of 16 U.S.C. 1855(d) and 16 U.S.C. 
773(c). The NMFS Assistant Administrator has determined that this final 
rule is consistent with the Pacific Coast Salmon FMP and other 
applicable law.
    The Assistant Administrator for Fisheries, NOAA (AA) finds good 
cause under 5 U.S.C. 553(b)(B), to waive the requirement for prior 
notice and opportunity for additional public comment for this action as 
notice and comment would be unnecessary and contrary to the public 
interest. Notice and comment are unnecessary and contrary to the public 
interest because this action simply corrects an error in the final rule 
and makes the rule consistent with the Council's recommended action. 
This correction does not affect the results of analyses conducted to 
support management decisions in the salmon fishery nor change the total 
catch of salmon. In addition, it is important that the error be 
corrected as quickly as possible. The correction eliminates an 
inconsistency between the May 14, 2021 rule and the Council's 
recommendation that may lead to confusion for the public and 
potentially prevent the prosecution of fisheries. No aspect of this 
action is controversial and no change in operating practices in the 
fishery is required. For the same reasons, pursuant to 5 U.S.C. 553(d), 
the AA finds good cause to waive the 30-day delay in effective date.
    Because prior notice and opportunity for public comment are not 
required 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 inapplicable.
    This final rule is exempt from review under Executive Order 12866.

    Authority: 16 U.S.C. 773-773k; 1801 et seq.

    Dated: May 21, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2021-11156 Filed 5-24-21; 8:45 am]
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