Federal Register: January 13, 2009 (Volume 74, Number 8)
DOCID: fr13ja09-10 FR Doc E9-489
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
CFR Citation: 50 CFR Part 679
Docket ID: [Docket No. 080302360-7686-03]
RIN ID: RIN 0648-AT91
NOTICE: RULES
DOCID: fr13ja09-10
ACTION: Pacific Halibut Fisheries:
DOCUMENT ACTION: Final rule, correction.
SUBJECT CATEGORY:
Pacific Halibut Fisheries; Bering Sea and Aleutian Islands King and Tanner Crab Fisheries; Groundfish Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program; Western Alaska Community Development Quota Program; Recordkeeping and Reporting; Permits; Correction
DATES: Effective January 14, 2009.
DOCUMENT SUMMARY:
This action corrects the regulatory text of a final rule published on December 15, 2008 (73 FR 76136). Among its measures, the final rule will implement new recordkeeping and reporting requirements; a new electronic groundfish catch reporting system, the Interagency Electronic Reporting System, and its data entry component, eLandings. This action is intended to promote the goals and objectives of the MagnusonStevens Fishery Conservation and Management Act (Magnuson Stevens Act) and other applicable law.
SUMMARY:
Bering Sea and Aleutian Islands King and Tanner Crab Fisheries; Groundfish Fisheries of the Exclusive Economic Zone Off Alaska; Individual Fishing Quota Program; Western Alaska Community Development Quota Program; Recordkeeping and Reporting; Permits; Cor,
SUPPLEMENTAL INFORMATION
Background
NMFS manages the U.S. groundfish fisheries of the exclusive economic zone off Alaska under the Fishery Management Plan for Groundfish of the Gulf of Alaska and the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (collectively, FMPs). General provisions governing fishing by U.S. vessels in accordance with the FMPs appear at subpart H of 50 CFR part 600.
Need for Corrections
In FR Doc. E829625, published in the Federal Register on December 15, 2008 (73 FR 76136), the following errors occur in Sec. Sec. 679.4 and 679.5. This document corrects those errors.
NMFS is correcting the heading for the table in Sec. 679.4(a)(1) by removing the phrase ``If program permit or card type is:'' and replacing it with ``If program permit type is:''. This correction is necessary because, as described in the supplemental proposed rule, NMFS no longer issues permit cards.
Section 679.4(e)(2) was revised in the final rule, but NMFS inadvertently deleted the phrase ``legible copy of'' a permit and replaced it with ``copy of'' a permit. In a final rule published May 19, 2008 (73 FR 28733), NMFS no longer required an original permit onboard a vessel or onsite at a shoreside facility, but required a ``legible copy'' of a permit. However, NMFS inadvertently omitted the word ``legible'' in the supplemental proposed rule.
Section 679.5(c)(1)(vi)(B)(3) is an intext table and describes the
distribution of the yellow logsheet of the daily cumulative production
logbooks (DCPLs). This correction removes check marks from the columns
for catcher/processor longline or pot gear, catcher/processor trawl
gear, and motherships that were mistakenly included in the supplemental proposed rule and the
[[Page 1632]]
final rule. With the advent of eLandings, the quarterly submittal of
the yellow logsheets is no longer required and NMFS did not intend to
require these processors to submit the logsheet. By removing the
checkmarks, this correction shows that these processors are not
required to submit the yellow logsheets to NMFS, because these
processors use eLandings to report production and discard/disposition data.
Checkin and checkout requirements for catcher/processors, motherships, shoreside processors, and stationary floating processors are in regulations at Sec. 679.5(h). Among other regulatory actions, the supplemental proposed and final rules reformatted checkin and checkout requirements from text to table format. The regulatory text for both checkin and checkout reports was combined. Paragraph (h)(4) describes requirements for both the checkin and checkout reports. Paragraph (h)(5) describes information that must be submitted in both the checkin and checkout reports. Paragraph (h)(5)(xiv) states to indicate either YES or NO if the report is a checkout report. NMFS unintentionally failed to include in the supplemental proposed and final rules a followup question to any ``YES'' response in paragraph (h)(5)(xiv) to record the date the facility ceased to receive or process groundfish. NMFS is correcting these unintended errors by adding a new paragraph (h)(5)(xv) to read ``if YES, record the date the facility ceased to receive or process groundfish'' and by placing requirements to record fish and fish products into a separate paragraph (h)(5)(xvi) to read ``Indicate product weight of all fish or fish products (including nongroundfish) remaining at the facility (other than public cold storage) by species code and product code. Indicate if recorded to the nearest pound or to the nearest 0.001 mt.'' Classification
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator of Fisheries finds good cause to waive prior notice and opportunity for public comment otherwise required by the section. NOAA finds that prior notice and opportunity for public comment are unnecessary because the changes made by this rule are nonsubstantive. It was not the intention under the final rule to replace language NMFS intended to retain or to impose requirements that are incorrect. The need to immediately correct published intext tables for this regulation eliminates potential confusion and constitutes good cause to waive the requirement to provide prior notice and opportunity for public comment, as such procedures would be unnecessary and contrary to the public interest.
The rule does not make any substantive change in the rights and obligations of fishermen managed under the groundfish regulations that NMFS intended to impose in the final rule. No aspect of this action is controversial and no change in operating practices in the fishery is required.
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., do not apply.
Because this action only makes nonsubstantive changes to part 679
described above, this rule is not subject to the 30day delay in effective date requirement of 5 U.S.C. 553(d).
Corrections
Accordingly, the final rule, FR Doc. E829625, published on December
15, 2008, at 73 FR 76136, to be effective January 14, 2009, is corrected as follows:
1a. On page 76143, in paragraph (a)(1), correct the entry for the table heading to read as follows:
Sec. 679.4 Permits.
Permit is in
effect from issue For more
If program permit type is: date through the information, see .
end of: . . * * * * * * *
* * * * *
Sec. 679.4 [Corrected]
1b. On page 76144, in the third column, paragraph (e)(2), correct the
phrase ``copy of'' in the fourth line to read ``legible copy of''.
2a. On page 76147, paragraph (c)(1)(vi)(B)(3) is corrected to read as follows:
Sec. 679.5 Recordkeeping and reporting (R&R).
* * * * *
(c) * * *
(1) * * *
(vi) * * *
(B) * * *
Logsheet Distribution and Submittal
Logsheet found in these logbooks
If logsheet color is . . . Submit to . . . Time limit
CV lgl CV trw CP lgl CP trw MS
* * * * * * *
(3) Yellow.................. X X ........ ........ ........ Must submit On the
quarterly to: following
NOAA Fisheries schedule:
Office for Law 1st quarter by
Enforcement May 1 of that
Alaska Region fishing year.
Logbook 2nd quarter by
Program, P.O. August 1 of
Box 21767, that fishing
Juneau, AK year. 3rd
998021767 quarter by
Telephone: 907 November 1 of
5867225. that fishing
year. 4th
quarter by
February 1 of
the following
fishing year.
* * * * * * * [[Page 1633]]
* * * * *
2b. On page 76164, paragraphs (h)(5)(xv) is corrected and paragraph (h)(5)(xvi) is added to read as follows:
Sec. 679.5 Recordkeeping and reporting (R&R).
* * * * *
(h) * * *
(5) * * *
Checkin report Checkout report Required information
MS C/P SS, SFP MS C/P SS, SFP
* * * * * * *
(xv) If YES, enter date facility ceased to receive ........ ........ ........ ........ ........ X or process groundfish..............................
(xvi) Indicate product weight of all fish or fish ........ ........ X ........ ........ X products (including non groundfish) remaining at
the facility (other than public cold storage) by
species code and product code. Indicate if recorded
to the nearest pound or to the nearest 0.001 mt.
* * * * *
Dated: January 8, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator, for Regulatory Programs, National Marine Fisheries Service.
[FR Doc. E9489 Filed 11209; 8:45 am]
BILLING CODE 351022P
FOR FURTHER INFORMATION CONTACT
Patsy A. Bearden, 907-586-7228.