Rule2022-19481
Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Annual Specifications; 2022-2023 Annual Specifications and Management Measures for Pacific Sardine; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 9, 2022
Effective
September 9, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This action contains a correction to the final rule for 2022- 2023 harvest specifications and management measures for the northern subpopulation of Pacific sardine (hereafter Pacific sardine), which published on July 1, 2022. Specifically, NMFS is correcting the tonnage amount that would trigger a trip limit for the live bait fishery: 2,500 metric tons (mt).
Full Text
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<title>Federal Register, Volume 87 Issue 174 (Friday, September 9, 2022)</title>
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[Federal Register Volume 87, Number 174 (Friday, September 9, 2022)]
[Rules and Regulations]
[Pages 55317-55318]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19481]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No: 220902-0183]
RTID 0648-XB877
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Annual Specifications; 2022-2023 Annual Specifications and
Management Measures for Pacific Sardine; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correction.
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SUMMARY: This action contains a correction to the final rule for 2022-
2023 harvest specifications and management measures for the northern
subpopulation of Pacific sardine (hereafter Pacific sardine), which
published on July 1, 2022. Specifically, NMFS is correcting the tonnage
amount that would trigger a trip limit for the live bait fishery: 2,500
metric tons (mt).
DATES: Effective September 9, 2022.
FOR FURTHER INFORMATION CONTACT: Taylor Debevec, West Coast Region,
NMFS, (562) 619-2052, <a href="/cdn-cgi/l/email-protection#5400352d383b267a10313631223137143a3b35357a333b22"><span class="__cf_email__" data-cfemail="b5e1d4ccd9dac79bf1d0d7d0c3d0d6f5dbdad4d49bd2dac3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: NMFS manages the Pacific sardine fishery in
the U.S. exclusive economic zone (EEZ) off the Pacific coast
(California, Oregon, and Washington) in accordance with the Coastal
Pelagic Species (CPS) Fishery Management Plan (FMP). The FMP and its
implementing regulations require NMFS to set annual catch levels for
the Pacific sardine fishery based on the annual specification framework
and control rules in the FMP and in accordance with the Magnuson-
Stevens Fishery Conservation and Management Act (MSA), 16 U.S.C. 1801
et seq.
The final rule to implement the annual catch levels, reference
points, and management measures for the July 1, 2022-June 30, 2023,
fishing season for Pacific sardine, published July 1, 2022 (87 FR
39384), contained a transcription error. The final rule inadvertently
listed the tonnage limit that would trigger a trip limit for the live
bait fishery as 1,800 mt, when it should have been 2,500 mt. The
proposed specifications (87 FR 27557, May 9, 2022), the recommendation
by the Pacific Fishery Management Council, and the analysis by NMFS
during the proposed and final specifications process all referenced
2,500 mt. NMFS did not receive any public comments on the proposed
specifications that warranted a change, and, as stated in the final
rule, NMFS did not intend any changes between the proposed and final
rules: ``The final rule adopts, without changes, the catch levels and
restrictions that NMFS proposed in the rule published on May 9, 2022.''
(87 FR at 39385).
As such, NOAA corrects the management measure for commercial
sardine harvest during the 2022-2023 fishing year.
Correction
In FR Rule Doc. No. 14122, appearing on page 39384 in the Federal
Register of Friday, July 1, 2022, the following correction is made:
1. On page 39385, in the first column, the second paragraph under
table 1, ``(1) If landings in the live bait fishery reach 1,800 mt of
Pacific sardine, then a 1 mt per-trip limit of sardine would apply to
the live bait fishery.'' is corrected to read ``(1) If landings in the
live bait fishery reach 2,500 mt of Pacific sardine, then a 1 mt per-
trip limit of sardine would apply to the live bait fishery.''
[[Page 55318]]
There are no other corrections to the final rule published July 1,
2022.
Classifications
Section 553(b)(B) of the Administrative Procedure Act (APA)
authorizes agencies to dispense with notice and comment procedures for
rules when the agency for ``good cause'' finds that those procedures
are ``impracticable, unnecessary, or contrary to the public interest.''
The Assistant Administrator for Fisheries determined there is good
cause to waive prior notice and an opportunity for public comment on
this action as notice and comment would be impracticable and contrary
to public interest because this action is simply to correct an
inadvertent error in the July 1, 2022, final rule (87 FR 39384).
Immediate correction of the error is necessary to prevent confusion
among participants in the fishery and to ensure management of the
fishery is consistent with both the Council's intent for regulations
and the public's expectations based on representations in the proposed
and final specifications. Thus, delaying this correction to engage in
notice-and-comment rulemaking would be contrary to the public interest.
Under section 553(d) of the APA, an agency must delay the effective
date of regulations for 30 days after the date of publication, unless
the agency finds good cause to make the regulations effective sooner.
For the same reasons stated above, the Assistant Administrator for
Fisheries has determined good cause exists to waive the 30-day delay in
the date of effectiveness. This rule makes only a minor correction to
the final rule, which was effective July 1, 2022. Delaying
effectiveness of this correction would result in conflicts in the
regulations and confusion among fishery participants and would
therefore be contrary to the public interest.
The Regulatory Flexibility Act, 5 U.S.C. 603 and 604, requires an
agency to prepare an initial and a final regulatory flexibility
analysis whenever an agency is required by section 553 of the APA or
any other law to publish a general notice of proposed rulemaking.
Because NMFS found good cause under section 553(b)(3)(B) of the APA to
forgo publication of a notice of proposed rulemaking, the regulatory
flexibility analyses described in 5 U.S.C. 603 and 604 are not required
for this rulemaking.
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.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 2, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022-19481 Filed 9-8-22; 8:45 am]
BILLING CODE 3510-22-P
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