81 FR 36184 - Fisheries Off West Coast States; West Coast Salmon Fisheries; 2016 Management Measures; Correction
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 108 (June 6, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 108 (June 6, 2016)
| Page Range | 36184-36185 | |
| FR Document | 2016-13233 |
[Federal Register Volume 81, Number 108 (Monday, June 6, 2016)] [Rules and Regulations] [Pages 36184-36185] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13233] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 151117999-6440-02] RIN 0648-BF56 Fisheries Off West Coast States; West Coast Salmon Fisheries; 2016 Management Measures; Correction AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correction. ----------------------------------------------------------------------- SUMMARY: On May 2, 2016, NMFS published a final rule to implement fishery management measures for the 2016 ocean salmon fisheries off the coast of the states of Washington, Oregon, and California under the jurisdiction of the Pacific Fisheries Management Council (Council). This correction changes the minimum size table for the commercial salmon fishery from Point Arena to Pigeon Point, CA, and the description of the tribal area and boundaries for the treaty Indian fisheries for the Quileute Nation; these were incorrect in the original rule. DATES: This correction is effective June 6, 2016, until the effective date of the 2017 management measures, which will be published in the Federal Register. FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323. SUPPLEMENTARY INFORMATION: Need for Correction On May 2, 2016, NMFS published a final rule (81 FR 26157) that implemented the fishery management measures for the 2016 ocean salmon fisheries off the coasts of the states of Washington, Oregon, and California under the jurisdiction of the Council. Subsequent to filing this rule with the Office of the Federal Register, two typographical errors were noted. On page 26164, the table under the subheading ``B. Minimum Size,'' for the area ``Point Arena to Pigeon Point,'' two time periods are listed that incorrectly exclude the date September 1. This is inconsistent with the management measures described in the related text within the rule. Additionally, these size restrictions are intended to be consistent with the commercial salmon fisheries managed by the State of California. This rule corrects the table to be consistent with the management measures described in the text of the final rule, and as adopted and recommended by [[Page 36185]] the Council and as implemented by the State of California. On page 26169, in the first column, under the subheading ``C.1. Tribe and Area Boundaries,'' in the fourth paragraph, an incorrect latitude was provided for the Queets River. This latitude is intended to be consistent with usual and accustomed fishing areas established by a recent court ruling (United States v. Washington, 2:09-sp-00001-RSM (W.D. Wash. Sept. 3, 2015)). This latitude is listed correctly elsewhere in the rule, and should be consistent throughout the rule to avoid confusion. This rule corrects the latitude for the Queets River to be consistent with the rest of the management measures and the currently defined usual and accustomed fishing area for the Quileute Nation. The states, tribes, and Pacific Fishery Management Council staff have been notified of these corrections. These corrections have been made in the fishery booklet provided to the public by NMFS West Coast Region. Therefore, these corrections are anticipated by the public and the regulatory agencies and their implementation will cause no harm. Correction In the Federal Register of May 2, 2016 (81 FR 26157), make the following corrections: 1. On page 26164, under the subheading ``B. Minimum Size,'' the table for minimum size limits in the 2016 commercial salmon fisheries is corrected in its entirety to read as follows: ---------------------------------------------------------------------------------------------------------------- Chinook Coho Area (when open) ---------------------------------------------------------------- Pink Total length Head-off Total length Head-off ---------------------------------------------------------------------------------------------------------------- North of Cape Falcon, OR..... 28.0 21.5 .............. .............. None. Cape Falcon to OR/CA border.. 28.0 21.5 .............. .............. None. OR/CA border to Humboldt 28.0 21.5 .............. .............. None. South Jetty. Horse Mountain to Point Arena 27.0 20.5 .............. .............. None. Point Arena to Pigeon Point: Prior to September 1..... 27.0 20.5 .............. .............. None. September 1 and 26.0 19.5 .............. .............. None. thereafter. Pigeon Point to U.S./Mexico 27.0 20.5 .............. .............. None. border. ---------------------------------------------------------------------------------------------------------------- Metric equivalents: 28.0 in = 71.1 cm, 27.0 in = 68.6 cm, 26.0 in = 66.0 cm, 21.5 in = 54.6 cm, 20.5 in = 52.1 cm, 19.5 in = 49.5 cm, 16.0 in = 40.6 cm, and 12.0 in = 30.5 cm. 2. On page 26169, first column, under the subheading ``C.1. Tribe and Area Boundaries,'' the fourth paragraph is corrected to read as follows: QUILEUTE--That portion of the FMA between 48[deg]10'00'' N. lat. (Cape Alava.) and 47[deg]31'42'' N. lat. (Queets River) and east of 125[deg]44'00'' W. long. 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 in regulations for a fishery that opened on May 1, and immediate notice of the error and correction is necessary to prevent confusion among participants in the fishery that could result from the existing conflict between state and tribal regulations and the final rule. This error was noticed by NMFS on April 29, 2016, after the final rule had been filed with the Office of the Federal Register. To effectively correct the error, this correction must be done as soon as possible, as the tribal fisheries commenced May 1. There is not sufficient time for a notice and comment rulemaking as the fishery has begun. In addition, this action makes only minor changes that the states and tribes are already aware of. This correction will not affect the results of analyses conducted to support management decisions in the salmon fishery nor change the total catch of salmon. No change in operating practices in the fishery is required. For the same reasons, the AA has determined that good cause exists to waive the 30-day delay in effectiveness pursuant to 5 U.S.C. 553(d). 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. Authority: 16 U.S.C. 773-773k; 1801 et seq. Dated: May 23, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2016-13233 Filed 6-3-16; 8:45 am] BILLING CODE 3510-22-P
![36184 Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations
action would be unnecessary and Coast Region, prior to obtaining an DEPARTMENT OF COMMERCE
contrary to the public interest. For the observer and entering the ETP to fish.
same reasons, under 5 U.S.C. 553(d)(3) Consistent with § 300.22(b)(1) of this National Oceanic and Atmospheric
NMFS finds good cause to waive the title, this class of purse seine vessels is Administration
requirement to delay for 30 days the not required to be listed on the Vessel
effectiveness of this rule. Register under § 300.22(b)(4) of this title 50 CFR Part 660
Executive Order 12866 in order to purse seine for tuna in the [Docket No. 151117999–6440–02]
ETP during a single fishing trip per
This final rule has been determined to RIN 0648–BF56
calendar year of 90 days or less.
be not significant for purposes of
Payment of the vessel assessment fee Fisheries Off West Coast States; West
Executive Order 12866.
must be consistent with the fee for Coast Salmon Fisheries; 2016
Regulatory Flexibility Act active status on the Vessel Register Management Measures; Correction
Because prior notice and opportunity under § 300.22(b)(4)(i) of this title.
AGENCY: National Marine Fisheries
for public comment are not required for * * * * * Service (NMFS), National Oceanic and
this rule by 5 U.S.C. 553, or any other Atmospheric Administration (NOAA),
law, the analytical requirements of the PART 300—INTERNATIONAL
Commerce.
Regulatory Flexibility Act, 5 U.S.C. 601 FISHERIES REGULATIONS
ACTION: Final rule; correction.
et seq., are inapplicable.
■ 3. The authority citation for part 300 SUMMARY: On May 2, 2016, NMFS
List of Subjects
continues to read as follows: published a final rule to implement
50 CFR Part 216 Authority: 16 U.S.C. 951 et seq., 16 U.S.C. fishery management measures for the
Administrative practice and 1801 et seq., 16 U.S.C. 5501 et seq., 16 U.S.C. 2016 ocean salmon fisheries off the
procedure, Exports, Fish, Imports, 2431 et seq., 31 U.S.C. 9701 et seq. coast of the states of Washington,
Indians, Labeling, Marine mammals. Oregon, and California under the
■ 4. In § 300.22, revise paragraph (b)(1) jurisdiction of the Pacific Fisheries
50 CFR Part 300 to read as follows: Management Council (Council). This
Administrative practice and correction changes the minimum size
§ 300.22 Eastern Pacific fisheries table for the commercial salmon fishery
procedure, Fish, Fisheries, Fishing,
recordkeeping and written reports. from Point Arena to Pigeon Point, CA,
Marine resources, Reporting and
recordkeeping requirements, Treaties. * * * * * and the description of the tribal area
(b) * * * and boundaries for the treaty Indian
Dated: May 31, 2016.
fisheries for the Quileute Nation; these
Samuel D. Rauch III, (1) Exception. Once per year, a vessel
were incorrect in the original rule.
Deputy Assistant Administrator for that is permitted and authorized under
DATES: This correction is effective June
Regulatory Programs, National Marine an alternative international tuna purse
Fisheries Service. 6, 2016, until the effective date of the
seine fisheries management regime in
For the reasons set out in the 2017 management measures, which will
the Pacific Ocean may exercise an
preamble, 50 CFR parts 216 and 300 are be published in the Federal Register.
option to fish with purse seine gear to
amended as follows: FOR FURTHER INFORMATION CONTACT:
target tuna in the Convention Area
Peggy Mundy at 206–526–4323.
without being listed on the Vessel
PART 216—REGULATIONS SUPPLEMENTARY INFORMATION:
Register and without being categorized
GOVERNING THE TAKING AND
as active under paragraph (b)(4)(i) of Need for Correction
IMPORTING OF MARINE MAMMALS
this section, for a fishing trip that does On May 2, 2016, NMFS published a
■ 1. The authority citation for part 216 not exceed 90 days in duration. No more final rule (81 FR 26157) that
continues to read as follows: than 32 of such trips are allowed each implemented the fishery management
Authority: 16 U.S.C. 1361 et seq., unless calendar year. After the commencement measures for the 2016 ocean salmon
otherwise noted. of the 32nd such trip, the Regional fisheries off the coasts of the states of
Administrator shall announce, in the Washington, Oregon, and California
■ 2. In § 216.24, revise paragraph Federal Register and by other under the jurisdiction of the Council.
(b)(6)(iii)(C) to read as follows:
appropriate means, that no more such Subsequent to filing this rule with the
§ 216.24 Taking and related acts incidental trips are allowed for the remainder of Office of the Federal Register, two
to commercial fishing operations by tuna the calendar year. Under typographical errors were noted.
purse seine vessels in the eastern tropical § 216.24(b)(6)(iii)(C) of this title, vessel On page 26164, the table under the
Pacific Ocean. assessment fees must be paid for vessels subheading ‘‘B. Minimum Size,’’ for the
* * * * * exercising this option. area ‘‘Point Arena to Pigeon Point,’’ two
(b) * * * * * * * * time periods are listed that incorrectly
(6) * * * [FR Doc. 2016–13216 Filed 6–3–16; 8:45 am] exclude the date September 1. This is
(iii) * * * inconsistent with the management
BILLING CODE 3510–22–P
(C) The owner or managing owner of measures described in the related text
a purse seine vessel that is permitted within the rule. Additionally, these size
mstockstill on DSK3G9T082PROD with RULES
and authorized under an alternative restrictions are intended to be consistent
international tuna purse seine fisheries with the commercial salmon fisheries
management regime in the Pacific managed by the State of California. This
Ocean must submit the vessel rule corrects the table to be consistent
assessment fee, as established by the with the management measures
IATTC or other approved observer described in the text of the final rule,
program, to the Administrator, West and as adopted and recommended by
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![Federal Register / Vol. 81, No. 108 / Monday, June 6, 2016 / Rules and Regulations 36185
the Council and as implemented by the consistent throughout the rule to avoid public and the regulatory agencies and
State of California. confusion. This rule corrects the their implementation will cause no
On page 26169, in the first column, latitude for the Queets River to be harm.
under the subheading ‘‘C.1. Tribe and consistent with the rest of the
Correction
Area Boundaries,’’ in the fourth management measures and the currently
paragraph, an incorrect latitude was defined usual and accustomed fishing In the Federal Register of May 2, 2016
provided for the Queets River. This area for the Quileute Nation. (81 FR 26157), make the following
latitude is intended to be consistent The states, tribes, and Pacific Fishery corrections:
with usual and accustomed fishing areas Management Council staff have been 1. On page 26164, under the
established by a recent court ruling notified of these corrections. These subheading ‘‘B. Minimum Size,’’ the
(United States v. Washington, 2:09–sp– corrections have been made in the table for minimum size limits in the
00001–RSM (W.D. Wash. Sept. 3, fishery booklet provided to the public 2016 commercial salmon fisheries is
2015)). This latitude is listed correctly by NMFS West Coast Region. Therefore, corrected in its entirety to read as
elsewhere in the rule, and should be these corrections are anticipated by the follows:
Chinook Coho
Area (when open) Pink
Total Total
Head-off Head-off
length length
North of Cape Falcon, OR ..................................................... 28.0 21.5 ........................ ........................ None.
Cape Falcon to OR/CA border ............................................... 28.0 21.5 ........................ ........................ None.
OR/CA border to Humboldt South Jetty ................................ 28.0 21.5 ........................ ........................ None.
Horse Mountain to Point Arena .............................................. 27.0 20.5 ........................ ........................ None.
Point Arena to Pigeon Point:
Prior to September 1 ....................................................... 27.0 20.5 ........................ ........................ None.
September 1 and thereafter ............................................ 26.0 19.5 ........................ ........................ None.
Pigeon Point to U.S./Mexico border ....................................... 27.0 20.5 ........................ ........................ None.
Metric equivalents: 28.0 in = 71.1 cm, 27.0 in = 68.6 cm, 26.0 in = 66.0 cm, 21.5 in = 54.6 cm, 20.5 in = 52.1 cm, 19.5 in = 49.5 cm, 16.0 in =
40.6 cm, and 12.0 in = 30.5 cm.
2. On page 26169, first column, under the fishery that could result from the pursuant to 5 U.S.C. 553(d). Because
the subheading ‘‘C.1. Tribe and Area existing conflict between state and tribal prior notice and an opportunity for
Boundaries,’’ the fourth paragraph is regulations and the final rule. This error public comment are not required to be
corrected to read as follows: was noticed by NMFS on April 29, provided for this rule by 5 U.S.C. 553,
QUILEUTE—That portion of the FMA 2016, after the final rule had been filed or any other law, the analytical
between 48°10′00″ N. lat. (Cape Alava.) with the Office of the Federal Register. requirements of the Regulatory
and 47°31′42″ N. lat. (Queets River) and To effectively correct the error, this Flexibility Act, 5 U.S.C. 601 et seq., are
east of 125°44′00″ W. long. correction must be done as soon as not applicable. Accordingly, no
possible, as the tribal fisheries Regulatory Flexibility Analysis is
Classification
commenced May 1. There is not required for this rule and none has been
Pursuant to 5 U.S.C. 553(b)(B), the sufficient time for a notice and comment prepared.
Assistant Administrator for Fisheries rulemaking as the fishery has begun. In This final rule is not significant under
(AA) finds there is good cause to waive addition, this action makes only minor Executive Order 12866.
prior notice and an opportunity for changes that the states and tribes are
public comment on this action, as notice already aware of. Authority: 16 U.S.C. 773–773k; 1801 et
and comment would be unnecessary seq.
This correction will not affect the
and contrary to public interest. Notice results of analyses conducted to support Dated: May 23, 2016.
and comment are unnecessary and management decisions in the salmon Samuel D. Rauch III,
contrary to the public interest because fishery nor change the total catch of Deputy Assistant Administrator for
this action corrects inadvertent errors in salmon. No change in operating Regulatory Programs, National Marine
regulations for a fishery that opened on practices in the fishery is required. For Fisheries Service.
May 1, and immediate notice of the the same reasons, the AA has [FR Doc. 2016–13233 Filed 6–3–16; 8:45 am]
error and correction is necessary to determined that good cause exists to BILLING CODE 3510–22–P
prevent confusion among participants in waive the 30-day delay in effectiveness
mstockstill on DSK3G9T082PROD with RULES
VerDate Sep<11>2014 16:21 Jun 03, 2016 Jkt 238001 PO 00000 Frm 00049 Fmt 4700 Sfmt 9990 E:\FR\FM\06JNR1.SGM 06JNR1](https://thefederalregister.org/doc/81_FR_36292/page/2.svg)
Document Created: 2016-06-04 00:16:53
Document Modified: 2016-06-04 00:16:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; correction. | |
| Dates | This correction is effective June 6, 2016, until the effective date of the 2017 management measures, which will be published in the Federal Register. | |
| Contact | Peggy Mundy at 206-526-4323. | |
| FR Citation | 81 FR 36184 | |
| RIN Number | 0648-BF56 |
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