Rule2021-28232
Fisheries of the Exclusive Economic Zone off Alaska; Reclassifying Sculpin Species in the Groundfish Fisheries of the Bering Sea and Aleutian Islands and the Gulf of Alaska; Correcting Amendment
Primary source
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Published
December 30, 2021
Effective
December 30, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The National Marine Fisheries Service is correcting regulations published in a final rule on July 10, 2020, which reclassified sculpins as Ecosystem Component (EC) category, non-target species in both the Bering Sea/Aleutian Islands (BSAI) (Amendment 121) and Gulf of Alaska (Amendment 110) Groundfish Fishery Management Plans (FMPs). In the implementing regulations, footnotes requiring the full retention of all rockfish species by catcher vessels (CVs) using hook- and-line, pot, or jig gear in the BSAI (Amendment 119) and Gulf of Alaska (Amendment 107) were unintentionally omitted from Tables 10 and 11 to 50 CFR part 679. This correcting amendment is therefore necessary to restore the footnotes as published in the final rule implementing Amendments 119 and 107 and to make other minor corrections.
Full Text
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<title>Federal Register, Volume 86 Issue 248 (Thursday, December 30, 2021)</title>
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[Federal Register Volume 86, Number 248 (Thursday, December 30, 2021)]
[Rules and Regulations]
[Pages 74386-74389]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28232]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 211221-0266]
RIN 0648-BL04
Fisheries of the Exclusive Economic Zone off Alaska;
Reclassifying Sculpin Species in the Groundfish Fisheries of the Bering
Sea and Aleutian Islands and the Gulf of Alaska; Correcting Amendment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correcting amendment.
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SUMMARY: The National Marine Fisheries Service is correcting
regulations published in a final rule on July 10, 2020, which
reclassified sculpins as Ecosystem Component (EC) category, non-target
species in both the Bering Sea/Aleutian Islands (BSAI) (Amendment 121)
and Gulf of Alaska (Amendment 110) Groundfish Fishery Management Plans
(FMPs). In the implementing regulations, footnotes requiring the full
retention of all rockfish species by catcher vessels (CVs) using hook-
and-line, pot, or jig gear in the BSAI (Amendment 119) and Gulf of
Alaska (Amendment 107) were unintentionally omitted from Tables 10 and
11 to 50 CFR part 679. This correcting amendment is therefore necessary
to restore the footnotes as published in the final rule implementing
Amendments 119 and 107 and to make other minor corrections.
DATES: Effective December 30, 2021.
FOR FURTHER INFORMATION CONTACT: Mason Smith, 907-586-7228.
SUPPLEMENTARY INFORMATION:
Need for Correction
The National Marine Fisheries Service (NMFS) published a rule
reclassifying sculpins as EC category, non-target species in both the
BSAI (Amendment 121) and Gulf of Alaska (Amendment 110) Groundfish FMPs
in the Federal Register on July 10, 2020 (85 FR 41427). This rule
became effective on August 10, 2020. NMFS has identified footnote
errors in that final rule within Table 10 to 50 CFR part 679 (Gulf of
Alaska Retainable Percentages) and Table 11 to 50 CFR part 679 (BSAI
Retainable Percentage). These tables, associated errors, and
corrections to each table are discussed below.
Corrections to Table 10 to 50 CFR Part 679--Gulf of Alaska Retainable
Percentages
Table 10 describes the maximum retainable amount (MRA) of
groundfish in the Gulf of Alaska when NMFS prohibits directed fishing
for those species. This table was modified in a rule published on July
10, 2020 (85 FR 41427), which reclassified sculpins in the Gulf of
Alaska (Amendment 110) Groundfish FMP as EC category, non-target
species. However, the implementing regulations unintentionally omitted
footnotes from Table 10, which were added to Table 10 a few months
prior in the final rule implementing Amendment 107 to the Gulf of
Alaska Groundfish FMP.
The final rule implementing Amendment 107 was published on February
20, 2020 (85 FR 9687) and required the full retention of rockfish that
are caught by CVs using hook-and-line, pot, or jig gear. Since the
majority of rockfish do not survive capture, this amendment was
intended to decrease waste in the fishery. In addition, Amendment 107
was intended to improve identification of rockfish species by vessels
using electronic monitoring, reduce overall enforcement burden, and
promote consistency between State and Federal fisheries. This
correcting amendment is therefore necessary to restore the footnotes in
Table 10, as published in the final rule implementing Amendment 107.
This correcting amendment makes the following corrections to Table 10:
<bullet> In the Notes to Table 10 to 50 CFR part 679, the following
statement is restored under note 1 (Shortraker/rougheye rockfish):
``Catcher vessels using hook-and-line, pot, or jig gear are required to
retain all rockfish. See Sec. 679.20(j);'' and
<bullet> In the Notes to Table 10 to 50 CFR part 679, the following
statement is restored under note 7 (Aggregated rockfish): ``Catcher
vessels using hook-and-line, pot, or jig gear are required to retain
all rockfish. See Sec. 679.20(j).''
In addition, after reviewing Table 10, NMFS determined that there
are two minor additional errors that need to be corrected in Table 10:
<bullet> In Table 10 to 50 CFR part 679, amend note in header to
read as: ``for DSR caught on catcher vessels in the SEO, see Sec.
679.20 (j);'' and
<bullet> In Table 10 to 50 CFR part 679, the reference to note 9 is
removed from the ``n/a'' in the cell at the intersection of the Pacific
cod basis species row and the Pacific cod incidental catch species
column.
Corrections to Table 11 to 50 CFR Part 679--BSAI Retainable Percentages
Table 11 describes the MRA of groundfish in the BSAI when NMFS
prohibits directed fishing of those species. This table was modified in
a rule published on July 10, 2020 (85 FR 41427), which reclassified
sculpins in the BSAI (Amendment 121) Groundfish FMP as EC category,
non-target species. However, the implementing regulations
unintentionally omitted footnotes from Table 11, which were added to
Table 11 a few months prior in the final rule implementing Amendment
119 to the BSAI Groundfish FMP.
Amendment 119 was implemented in a rule published on February 20,
2020 (85 FR 9687) and required the full retention of rockfish that are
caught by CVs using hook-and-line, pot, or jig gear. Since the majority
of rockfish do not survive capture, this amendment was intended to
decrease waste in the fishery. In addition, Amendment 119 was intended
to improve identification of rockfish species by vessels using
electronic monitoring, reduce overall enforcement burden, and promote
consistency between State and Federal fisheries. This correcting
amendment is therefore necessary to restore the footnotes in Table 11,
as published in the final rule implementing Amendment 119. This
correcting amendment makes the following corrections in Table 11:
<bullet> In Table 11 to 50 CFR part 679, a reference to footnote 9
is restored to the Shortraker/rougheye column header;
<bullet> In Table 11 to 50 CFR part 679, the following statement is
restored to footnote 6: ``Catcher vessels using hook-and-line, pot, or
jig gear are required to retain all rockfish. See Sec. 679.20(j); and
<bullet> In Table 11 to 50 CFR part 679, the following statement is
restored to footnote 9: ``Catcher vessels using hook-and-line, pot, or
jig gear are required to retain all rockfish. See Sec. 679.20(j).''
Classification
The NOAA Assistant Administrator (AA) for Fisheries finds there is
good cause to waive the requirement to provide prior notice and
opportunity for public comment on this action pursuant to the authority
set forth at 5 U.S.C. 553(b)(B), as such requirement is unnecessary and
contrary to the public interest. This correcting amendment
[[Page 74387]]
corrects unintentional errors to Table 10 footnotes as well as the
unintentional omission of footnotes to Tables 10 and 11, as described
above. These revisions do not change operating practices in the
fisheries, and is consistent with the Council's intent for Amendments
107/119 and Amendments 110/121. During the public comment period for
the rule requiring full retention of rockfish in the Gulf of Alaska and
BSAI (85 FR 9687, February 20, 2020), the public was provided with
notice and opportunity to comment, so additional opportunity for public
comment at this point would not be meaningful. Additionally, these
revisions are necessary to avoid public confusion from the
unintentional omissions and errors. Therefore, the AA finds good cause
to waive the requirement to provide prior notice and opportunity for
public comment.
For the same reasons stated above, the AA also finds good cause
under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date
and make this rule effective immediately upon publication. 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 contains no information collection requirements
under the Paperwork Reduction Act of 1995.
This final rule is not significant for the purposes of Executive
Order 12866.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: December 21, 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 679 is amended
as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
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1. The authority citation for part 679 continues to read as follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108-447; Pub. L. 111-281.
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2. Revise Table 10 to Part 679--Gulf of Alaska Retainable Percentage,
to read as follows:
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[FR Doc. 2021-28232 Filed 12-29-21; 8:45 am]
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</html>Indexed from Federal Register on December 30, 2021.
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