Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Rules and Regulations 61157

of hollow pipe that incorporate a bent 

angle at the escape opening, in a 

bottom-opening configuration. In 

addition, the installation angle of a hard 

TED in the trawl extension is an 

important performance element in 

excluding debris from the trawl. High 

installation angles can result in debris 

clogging the bars of the TED; NMFS 

recommends an installation angle of 

45°, relative to the normal horizontal 

flow of water through the trawl, to 

optimize the TED’s ability to exclude 

turtles and debris. Furthermore, the use 

of accelerator funnels, which are 

allowable modifications to hard TEDs, is 

not recommended in areas with heavy 

amounts of debris or vegetation. Lastly, 

the webbing flap that is usually 

installed to cover the turtle escape 

opening may be modified to help 

exclude debris quickly: the webbing flap 

can either be cut horizontally to shorten 

it so that it does not overlap the frame 

of the TED or be slit in a fore-and-aft 

direction to facilitate the exclusion of 

debris. The use of the double cover flap 

TED will also aid in debris exclusion.

All of these recommendations 

represent legal configurations of TEDs 

for shrimpers fishing in the affected 

areas. This action does not authorize 

any other departure from the TED 

requirements, including any illegal 

modifications to TEDs. In particular, if 

TEDs are installed in trawl nets, they 

may not be sewn shut.

Alternative to Required Use of TEDs

The authorization provided by this 

rule applies to all shrimp trawlers that 

would otherwise be required to use 

TEDs in accordance with the 

requirements of 50 CFR 223.206(d)(2) 

who are operating in the state waters of 

Alabama and Mississippi, and the state 

waters of Louisiana from the 

Mississippi/Louisiana border to a line at 

90° 03′ 00′′ West longitude 

(approximately the west end of Grand 

Isle) for a period of 30 days. Instead of 

the required use of TEDs, shrimp 

trawlers may opt to comply with the sea 

turtle conservation regulations by using 

restricted tow times.

Alternative to Required Use of TEDs; 

Termination

The AA, at any time, may withdraw 

or modify this temporary authorization 

to use tow time restrictions in lieu of 

TEDs, through publication of a notice in 

the Federal Register, if necessary to 

ensure adequate protection of 

endangered and threatened sea turtles. 

Under this procedure, the AA may 

modify the affected area or impose any 

necessary additional or more stringent 

measures, including more restrictive 

tow times, synchronized tow times, or 

withdrawal of the authorization if the 

AA determines that the alternative 

authorized by this rule is not 

sufficiently protecting turtles or no 

longer needed. The AA may also 

terminate this authorization if 

information from enforcement, state 

authorities, or NMFS indicate 

compliance cannot be monitored 

effectively. This authorization will 

expire automatically on November 12, 

2004, unless it is explicitly extended 

through publication in the Federal 

Register.

Classification

This action has been determined to be 

not significant for purposes of E.O. 

12866.

The AA has determined that this 

action is necessary to respond to an 

emergency situation to allow more 

efficient fishing for shrimp, while 

providing adequate protection for 

endangered and threatened sea turtles 

pursuant to the ESA and applicable 

regulations.

Pursuant to 5 U.S.C. 553(b)(3)(B), the 

AA finds that there is good cause to 

waive prior notice and opportunity to 

comment on this temporary rule as such 

procedures are impracticable and 

contrary to the public interest. 

Unusually high amounts of debris are 

creating special environmental 

conditions that make trawling with 

TED-equipped nets impracticable. 

Providing notice and comment would 

prevent the agency from providing relief 

within the necessary time frame because 

shrimp loss and sea turtle lethal take is 

likely to occur in the interim period 

prior to finalizing this temporary rule. 

These resources would be impacted 

unnecessarily through a notice and 

comment period process.

For the same reasons, the AA finds 

that there is good cause to waive the 30–

day delay in effective date pursuant to 

5 U.S.C. 553(d)(3). The temporary rule 

grants a short-term exemption to the 

requirement to use TEDs, and, therefore, 

allows fishermen to choose between 

deploying TEDs or using tow-times. 

This temporary rule relieves a 

restriction and is not subject to a 30–day 

delay in effective date, pursuant to 5 

U.S.C. 553(d)(1). NMFS is making the 

rule effective October 12, 2004 through 

November 12, 2004.

Since prior notice and an opportunity 

for public comment are not required to 

be provided for this action by 5 U.S.C. 

553, or by any other law, the analytical 

requirements of 5 U.S.C. 601 et seq. are 

inapplicable.

The AA prepared an Environmental 

Assessment (EA) for this rule. Copies of 

the EA are available (see ADDRESSES).

Dated: October 12, 2004.

Rebecca Lent,

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service.

[FR Doc. 04–23190 Filed 10–12–04; 3:54 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 660

[Docket No. 040618188–4265–02; I.D. 

061404A]

RIN 0648–AS26

Fisheries Off West Coast States and in 

the Western Pacific; Pacific Coast 

Groundfish Fishery; Correction

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Final rule; correction.

SUMMARY: This document corrects a 

final rule that implemented Amendment 

16–3 to the Pacific Coast Groundfish 

Fishery Management Plan (FMP). This 

document corrects amendatory 

instruction 2.

DATES: Effective October 28, 2004.

FOR FURTHER INFORMATION CONTACT:

Jamie Goen (Northwest Region, NMFS), 

phone: (206) 526–4646; fax: 206–526–

6736; and email: jamie.goen@noaa.gov.

SUPPLEMENTARY INFORMATION:

Electronic Access

This final rule also is accessible via 

the Internet at the Office of the Federal 

Register’s website at 

www.gpoaccess.gov/fr/index/html and 

at the NMFS Northwest Region website 

at www.nwr.noaa.gov/1sustfsh/gfsh/

gdfsh/gdfsh01.html.

Background

NMFS published a final rule 

implementing Amendment 16–3 on 

September 28, 2004 (69 FR 57874). That 

final rule updated the list of rockfish 

species defined in the Code of Federal 

Regulations to match that listed in the 

FMP and corrected dusty rockfish to 

read dusky rockfish. In that final rule, 

dusty rockfish was mistakenly listed as 

dusky rockfish in the instruction 

language for which species was to be 

removed. This document corrects that 

amendatory instruction language.

61158 Federal Register / Vol. 69, No. 199 / Friday, October 15, 2004 / Rules and Regulations 

Correction

As published, the final rule FR Doc. 

04–21691, September 28, 2004, (69 FR 

57874), contains an error and needs to 

be corrected.

§ 660.302 [Corrected]

1. On page 57881, in the third 

column, amendatory instruction 2 is 

corrected to read ‘‘In § 660.302, in the 

definition of ‘‘Groundfish,’’ under 

‘‘Rockfish:’’ remove ‘‘dusty rockfish, S. 

ciliatus,’’ and add ‘‘chameleon rockfish, 

S. phillipsi,’’ ‘‘dwarf-red rockfish, S. 

rufinanus,’’ ‘‘dusky rockfish, S. 

ciliatus,’’ ‘‘freckled rockfish, S. 

lentiginosus,’’ ‘‘half-banded rockfish, S. 

semicinctus,’’ ‘‘pinkrose rockfish, S. 

simulator,’’ ‘‘pygmy rockfish, S. 

wilsoni,’’ and ‘‘swordspine rockfish, S. 

ensifer’’ in alphabetical order to read as 

follows:’’

All other information previously 

published remains the same.

Authority: 16 U.S.C. 1801 et seq.

Dated: October 7, 2004.

William T. Hogarth, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service.

[FR Doc. 04–23062 Filed 10–14–04; 8:45 am]

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