82 FR 28012 - Pacific Halibut Fisheries; Catch Sharing Plan; Correction
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 117 (June 20, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 117 (June 20, 2017)
| Page Range | 28012-28013 | |
| FR Document | 2017-12722 |
[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)] [Rules and Regulations] [Pages 28012-28013] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-12722] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 161223999-7438-03] RIN 0648-BG61 Pacific Halibut Fisheries; Catch Sharing Plan; Correction AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correction. ----------------------------------------------------------------------- SUMMARY: On April 20, 2017, NMFS published a final rule to implement the portions of the Pacific Halibut Catch Share Plan (Plan) and management measures that are not regulated through the International Pacific Halibut Commission (IPHC), including the sport fishery allocations and management measures for the IPHC's regulatory Area 2A off Washington, Oregon, and California (Area 2A). This regulation corrects the opening dates for the 2017 sport fishery in the Columbia River subarea (Leadbetter Point, WA to Cape Falcon, OR); these were incorrect in the original rule. DATES: This correction is effective June 19, 2017. FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew, phone: 206-526- 6147, fax: 206-526-6736, or email: [email protected]. SUPPLEMENTARY INFORMATION: Need for Correction On April 20, 2017, NMFS published a final rule (82 FR 18581) that implemented the Plan and management measures that are not regulated through the IPHC, including the sport fishery allocations and management measures for the IPHC's regulatory Area 2A. Subsequent to publication in the Federal Register, two typographical errors were noted in the section ``2017 Sport Management Measures,'' in the Columbia River subarea. On page 18583, in the last line of the third column, an incorrect date was provided for the opening of the nearshore fishery in the Columbia River subarea. This rule corrects the date to be consistent with the Plan and state regulations. The Plan describes that the nearshore fishery in this subarea opens subsequent to the all-depth fishery, on the first Monday following the opening of the all-depth fishery. State regulations correctly announced the 2017 date that conforms with the Plan framework, Monday, May 8, 2017. On page 18584, in the fifth line of the first column, an incorrect date was provided for the opening of the all-depth fishery in the Columbia River subarea. This rule corrects the date to be consistent with the Plan and state regulations. The Plan describes that the all- depth fishery in this subarea opens the first Thursday of May, or on May 1 if it is a Friday, Saturday or Sunday. State regulations correctly announced the 2017 date that conforms with the Plan framework, Thursday, May 4, 2017. [[Page 28013]] The affected states and IPHC staff have been notified of these corrections, and the pending correct dates have been announced on NMFS's halibut hotline (1-800-662-9825 or 206 526-6667). NMFS will not take enforcement action against any individuals who relied on the original, incorrect dates in good faith. Therefore, these corrections are anticipated by the public and the state regulatory agencies, and their implementation will cause no harm. Correction In the Federal Register of April 20, 2017 (82 FR 18581), paragraph (8)(d)(i), beginning on page 18583, is corrected to read as follows: (i) This subarea is divided into an all-depth fishery and a nearshore fishery. The nearshore fishery is allocated 500 pounds of the subarea allocation. The nearshore fishery extends from Leadbetter Point (46[deg]38.17' N. lat., 124[deg]15.88' W. long.) to the Columbia River (46[deg]16.00' N. lat., 124[deg]15.88' W. long.) by connecting the following coordinates in Washington 46[deg]38.17' N. lat., 124[deg]15.88' W. long., 46[deg]16.00' N. lat., 124[deg]15.88' W. long. and connecting to the boundary line approximating the 40 fm (73 m) depth contour in Oregon. The nearshore fishery opens Monday, May 8, and continues 3 days per week (Monday-Wednesday) until the nearshore allocation is taken, or September 30, whichever is earlier. The all- depth fishing season commences on Thursday, May 4, and continues 4 days a week (Thursday-Sunday) until 12,799 lb (5.81 mt) are estimated to have been taken and the season is closed by the Commission, or September 30, whichever is earlier. Subsequent to this closure, if there is insufficient quota remaining in the Columbia River subarea for another fishing day, then any remaining quota may be transferred inseason to another Washington and/or Oregon subarea by NMFS via an update to the recreational halibut hotline. Any remaining quota would be transferred to each state in proportion to its contribution. 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 opens on May 4, 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. To effectively correct the error, this correction must go into effect as soon as possible, as the affected Pacific halibut sport fisheries open May 4. Thus, there is not sufficient time for notice and comment due to the imminent opening of the fishery. In addition, notice and comment is unnecessary because this action makes only minor changes of which the public, states, and IPHC staff are already aware. This correction will not affect the results of analyses conducted to support management decisions in the Pacific halibut fishery nor change the total catch of Pacific halibut. No change in operating practices in the fishery is required. For the same reasons stated above, 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: June 14, 2017. Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2017-12722 Filed 6-19-17; 8:45 am] BILLING CODE 3510-22-P
![28012 Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Rules and Regulations
therefore it is only this action on which B. Congressional Review Act Atmospheric Administration (NOAA),
the Agency is seeking comment. This action is subject to the Commerce.
IV. Statutory and Executive Order Congressional Review Act (CRA), and ACTION: Final rule; correction.
Reviews the EPA will submit a rule report to
SUMMARY: On April 20, 2017, NMFS
Under Executive Order 12866 (58 FR each House of Congress and to the
published a final rule to implement the
51735, October 4, 1993) and Executive Comptroller General of the United
portions of the Pacific Halibut Catch
Order 13563 (76 FR 3821, January 21, States. This action is not a ‘‘major rule’’
Share Plan (Plan) and management
2011), this action is not a ‘‘significant as defined by 5 U.S.C. 804(2).
measures that are not regulated through
regulatory action’’ and is therefore not List of Subjects in 40 CFR Part 312 the International Pacific Halibut
subject to OMB review. Further, this Commission (IPHC), including the sport
Environmental Protection,
action will not have a significant impact fishery allocations and management
Administrative practice and procedure,
on a substantial number of small entities measures for the IPHC’s regulatory Area
Hazardous substances,
and, as a result, is not subject to the 2A off Washington, Oregon, and
Intergovernmental relations, Reporting
Regulatory Flexibility Act (5 U.S.C. 601 California (Area 2A). This regulation
and recordkeeping requirements,
et seq.). Because this action does not corrects the opening dates for the 2017
Superfund.
contain a Federal mandate that may sport fishery in the Columbia River
result in expenditures of $100 million or Dated: June 12, 2017. subarea (Leadbetter Point, WA to Cape
more for State, local, and tribal Barry N. Breen, Falcon, OR); these were incorrect in the
governments, in the aggregate or the Acting Assistant Administrator, Office of original rule.
private sector in any one year, and does Land and Emergency Management.
DATES: This correction is effective June
not contain regulatory requirements that For the reasons set out in the 19, 2017.
might significantly or uniquely affect preamble, the Environmental Protection FOR FURTHER INFORMATION CONTACT:
small governments, it is not subject to Agency amends title 40 chapter I of the
Sections 202, 203, and 205 of the Gretchen Hanshew, phone: 206–526–
code of Federal Regulations as follows: 6147, fax: 206–526–6736, or email:
Unfunded Mandates Reform Act of 1999
(UMRA) (Pub. L. 104–4). This action gretchen.hanshew@noaa.gov.
PART 312—INNOCENT
does not create new binding legal SUPPLEMENTARY INFORMATION:
LANDOWNERS, STANDARDS FOR
requirements that substantially and CONDUCTING ALL APPROPRIATE Need for Correction
directly affect Tribes under Executive INQUIRIES
Order 13175 (65 FR 67249, November 9, On April 20, 2017, NMFS published
2000). This action does not have ■ 1. The authority citation for part 312 a final rule (82 FR 18581) that
significant Federalism implications continues to read as follows: implemented the Plan and management
under Executive Order 13132 (64 FR measures that are not regulated through
Authority: Section 101(35)(B) of CERCLA,
43255, August 10, 1999). Because this the IPHC, including the sport fishery
as amended, 42 U.S.C. 9601(35)(B).
final rule has been exempted from allocations and management measures
review under Executive Order 12866, ■ 2. Section 312.11 is amended by for the IPHC’s regulatory Area 2A.
this final rule is not subject to Executive revising paragraph (a) to read as follows: Subsequent to publication in the
Order 13211, entitled Actions Federal Register, two typographical
§ 312.11 References.
Concerning Regulations That errors were noted in the section ‘‘2017
* * * * * Sport Management Measures,’’ in the
Significantly Affect Energy Supply, (a) The procedures of ASTM
Distribution, or Use (66 FR 28355, May Columbia River subarea.
International Standard E2247–16 On page 18583, in the last line of the
22, 2001) or Executive Order 13045,
entitled ‘‘Standard Practice for third column, an incorrect date was
entitled Protection of Children from
Environmental Site Assessments: Phase provided for the opening of the
Environmental Health Risks and Safety
I Environmental Site Assessment nearshore fishery in the Columbia River
Risks (62 FR 19885, April 23, 1997).
Process for Forestland or Rural subarea. This rule corrects the date to be
This final rule does not contain any
Property.’’ This standard is available consistent with the Plan and state
information collections subject to OMB
from ASTM International at regulations. The Plan describes that the
approval under the Paperwork
www.astm.org, 1–610–832–9585. nearshore fishery in this subarea opens
Reduction Act (PRA), 44 U.S.C. 3501 et
seq., nor does it require any special * * * * * subsequent to the all-depth fishery, on
[FR Doc. 2017–12841 Filed 6–19–17; 8:45 am] the first Monday following the opening
considerations under Executive Order
12898, entitled Federal Actions to BILLING CODE 6560–50–P of the all-depth fishery. State
Address Environmental Justice in regulations correctly announced the
Minority Populations and Low-Income 2017 date that conforms with the Plan
Populations (59 FR 7629, February 16, DEPARTMENT OF COMMERCE framework, Monday, May 8, 2017.
1994). On page 18584, in the fifth line of the
National Oceanic and Atmospheric first column, an incorrect date was
A. National Technology Transfer and Administration provided for the opening of the all-
Advancement Act (NTTAA) depth fishery in the Columbia River
This action involves technical 50 CFR Part 300 subarea. This rule corrects the date to be
asabaliauskas on DSKBBXCHB2PROD with RULES
standards. This action allows for the use [Docket No. 161223999–7438–03] consistent with the Plan and state
of the ASTM International Standard regulations. The Plan describes that the
known as Standard E2247–16 and RIN 0648–BG61 all-depth fishery in this subarea opens
entitled ‘‘Standard Practice for Pacific Halibut Fisheries; Catch the first Thursday of May, or on May 1
Environmental Site Assessments: Phase Sharing Plan; Correction if it is a Friday, Saturday or Sunday.
I Environmental Site Assessment State regulations correctly announced
Process for Forestland or Rural AGENCY: National Marine Fisheries the 2017 date that conforms with the
Property.’’ Service (NMFS), National Oceanic and Plan framework, Thursday, May 4, 2017.
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![Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Rules and Regulations 28013
The affected states and IPHC staff prevent confusion among participants in ACTION: Temporary rule; closure.
have been notified of these corrections, the fishery that could result from the
and the pending correct dates have been existing conflict between state and tribal SUMMARY: NMFS implements
announced on NMFS’s halibut hotline regulations and the final rule. To accountability measures (AMs) for
(1–800–662–9825 or 206 526–6667). effectively correct the error, this commercial greater amberjack in the
NMFS will not take enforcement action correction must go into effect as soon as Gulf of Mexico (Gulf) reef fish fishery
against any individuals who relied on possible, as the affected Pacific halibut for the 2017 fishing year through this
the original, incorrect dates in good sport fisheries open May 4. Thus, there temporary rule. NMFS projects
faith. Therefore, these corrections are is not sufficient time for notice and commercial landings for greater
anticipated by the public and the state comment due to the imminent opening amberjack will reach the commercial
regulatory agencies, and their of the fishery. In addition, notice and annual catch target (ACT) by June 20,
implementation will cause no harm. comment is unnecessary because this 2017. Therefore, NMFS closes the
action makes only minor changes of commercial sector for greater amberjack
Correction in the Gulf on June 20, 2017, and it will
which the public, states, and IPHC staff
In the Federal Register of April 20, are already aware. This correction will remain closed until the start of the next
2017 (82 FR 18581), paragraph (8)(d)(i), not affect the results of analyses fishing year on January 1, 2018. This
beginning on page 18583, is corrected to conducted to support management closure is necessary to protect the Gulf
read as follows: decisions in the Pacific halibut fishery greater amberjack resource.
(i) This subarea is divided into an all- nor change the total catch of Pacific DATES: This rule is effective 12:01 a.m.,
depth fishery and a nearshore fishery. halibut. No change in operating local time, June 20, 2017, until 12:01
The nearshore fishery is allocated 500 practices in the fishery is required. a.m., local time, January 1, 2018.
pounds of the subarea allocation. The For the same reasons stated above, the FOR FURTHER INFORMATION CONTACT:
nearshore fishery extends from Kelli O’Donnell, NMFS Southeast
AA has determined that good cause
Leadbetter Point (46°38.17′ N. lat.,
exists to waive the 30-day delay in Regional Office, telephone: 727–824–
124°15.88′ W. long.) to the Columbia
effectiveness pursuant to 5 U.S.C. 5305, or email: Kelli.ODonnell@
River (46°16.00′ N. lat., 124°15.88′ W.
553(d). Because prior notice and an noaa.gov.
long.) by connecting the following
opportunity for public comment are not SUPPLEMENTARY INFORMATION: NMFS
coordinates in Washington 46°38.17′ N.
required to be provided for this rule by manages the reef fish fishery of the Gulf,
lat., 124°15.88′ W. long., 46°16.00′ N.
5 U.S.C. 553, or any other law, the which includes greater amberjack,
lat., 124°15.88′ W. long. and connecting
analytical requirements of the under the Fishery Management Plan for
to the boundary line approximating the
Regulatory Flexibility Act, 5 U.S.C. 601 the Reef Fish Resources of the Gulf
40 fm (73 m) depth contour in Oregon.
The nearshore fishery opens Monday, et seq., are not applicable. Accordingly, (FMP). The Gulf of Mexico Fishery
May 8, and continues 3 days per week no Regulatory Flexibility Analysis is Management Council (Council)
(Monday–Wednesday) until the required for this rule and none has been prepared the FMP and NMFS
nearshore allocation is taken, or prepared. implements the FMP under the
September 30, whichever is earlier. The This final rule is not significant under authority of the Magnuson-Stevens
all-depth fishing season commences on Executive Order 12866. Fishery Conservation and Management
Thursday, May 4, and continues 4 days Authority: 16 U.S.C. 773–773k; 1801 et Act (Magnuson-Stevens Act) by
a week (Thursday–Sunday) until 12,799 seq. regulations at 50 CFR part 622. All
lb (5.81 mt) are estimated to have been Dated: June 14, 2017. greater amberjack weights discussed in
taken and the season is closed by the Alan D. Risenhoover, this temporary rule are in round weight.
Commission, or September 30, Acting Deputy Assistant Administrator for
The commercial annual catch limit
whichever is earlier. Subsequent to this Regulatory Programs, National Marine (ACL) for Gulf greater amberjack is
closure, if there is insufficient quota Fisheries Service. 464,400 lb (210,648 kg), as specified in
remaining in the Columbia River [FR Doc. 2017–12722 Filed 6–19–17; 8:45 am] 50 CFR 622.41(a)(1)(iii). The
subarea for another fishing day, then BILLING CODE 3510–22–P
commercial quota (equivalent to the
any remaining quota may be transferred commercial ACT) is 394,740 lb (179,051
inseason to another Washington and/or kg), as specified in 50 CFR
Oregon subarea by NMFS via an update DEPARTMENT OF COMMERCE 622.39(a)(1)(v).
to the recreational halibut hotline. Any Under 50 CFR 622.41(a)(1)(i), NMFS
remaining quota would be transferred to National Oceanic and Atmospheric is required to close the commercial
each state in proportion to its Administration sector for greater amberjack when the
contribution. commercial ACT is reached, or is
50 CFR Part 622 projected to be reached, by filing a
Classification notification to that effect with the Office
Pursuant to 5 U.S.C. 553(b)(B), the [Docket No. 1206013412–2517–02] of the Federal Register. NMFS has
Assistant Administrator for Fisheries determined the commercial ACT will be
(AA) finds there is good cause to waive RIN 0648–XF493
reached by June 20, 2017. Accordingly,
prior notice and an opportunity for Fisheries of the Caribbean, Gulf of the commercial sector for Gulf greater
public comment on this action, as notice Mexico, and South Atlantic; 2017 amberjack is closed effective 12:01 a.m.,
asabaliauskas on DSKBBXCHB2PROD with RULES
and comment would be unnecessary Commercial Accountability Measure local time, June 20, 2017, until 12:01
and contrary to public interest. Notice and Closure for Gulf of Mexico Greater a.m., local time, January 1, 2018.
and comment are unnecessary and Amberjack The operator of a vessel with a valid
contrary to the public interest because commercial vessel permit for Gulf reef
this action corrects inadvertent errors in AGENCY: National Marine Fisheries fish with greater amberjack on board
regulations for a fishery that opens on Service (NMFS), National Oceanic and must have landed, bartered, traded, or
May 4, and immediate notice of the Atmospheric Administration (NOAA), sold such greater amberjack prior to
error and correction is necessary to Commerce. 12:01 a.m., local time, June 20, 2017.
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Document Created: 2017-06-20 02:21:32
Document Modified: 2017-06-20 02:21:32
| 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 19, 2017. | |
| Contact | Gretchen Hanshew, phone: 206-526- 6147, fax: 206-526-6736, or email: [email protected] | |
| FR Citation | 82 FR 28012 | |
| RIN Number | 0648-BG61 |
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