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)

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.

[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]


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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.

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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