[Federal Register Volume 83, Number 247 (Thursday, December 27, 2018)]
[Rules and Regulations]
[Pages 66636-66638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27921]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 180207141-8999-03]
RIN 0648-BH74


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; Groundfish Bottom Trawl and Midwater 
Trawl Gear in the Trawl Rationalization Program; Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; correction.

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SUMMARY: NMFS published a final rule on December 3, 2018, to implement 
management measures revising Federal regulations that currently 
restrict the use and configuration of bottom and midwater trawl gear 
for vessels fishing under the Pacific Coast Groundfish Fishery's Trawl 
Rationalization Program. This notification corrects language describing 
where vessels are prohibited from carrying any other type of small 
footrope trawl gear other than selective flatfish trawl gear (SFFT); 
restores language which clarifies the trawl gear types vessels are 
allowed to carry simultaneously on a trip; restores the prohibition on 
the use of small footrope trawl inside the Columbia and Klamath River 
Salmon Conservation Zones; and restores vessel declarations for non-
trawl and open access groundfish trips, open access trips for other 
fisheries, and other trip types.

DATES: This correction notice is effective on January 1, 2019.

FOR FURTHER INFORMATION CONTACT: Colin Sayre, NMFS West Coast Regional 
Office, telephone: 206-526-4656, email: <a href="/cdn-cgi/l/email-protection#e2818d8e8b8ccc91839b9087a28c8d8383cc858d94"><span class="__cf_email__" data-cfemail="0665696a6f682875677f7463466869676728616970">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: NMFS published a final rule (December 3, 
2018; 83 FR 62269) that, in part, allowed vessels to use multiple types 
of trawl gear on the same trip without returning to port. The final 
rule provided a description of trawl gear types allowed on board 
simultaneously on a single trip, described areas where vessels are 
permitted to use multiple gear types, and described declaration and 
reporting requirements for vessels participating in the Trawl 
Rationalization Program.
    The final rule requires that vessel operators submit a new 
declaration to NMFS Office of Law Enforcement before changing gear 
type. The preamble to the rule described the gear types a vessel may 
carry and use on the same trip. The final rule allows vessels in the 
Shorebased IFQ Program to carry on board multiple types of groundfish 
bottom or midwater trawl gear in all areas except in the area between 
42[deg] North (N) latitude and 40[deg]10' N latitude and shoreward of 
the trawl Rockfish Conservation Area (RCA). In this area, a vessel is 
only allowed to have midwater trawl gear, large footrope trawl gear, 
and selective flatfish trawl (SFFT) gear on board simultaneously. The 
final rule prohibited vessels from having any other type of small 
footrope trawl gear on board when fishing in this area. The final rule 
also requires fishing with small footrope trawl gear, other than SFFT, 
inside the Columbia and Klamath River Salmon Conservation Zones. The 
final rule is effective January 1, 2019.

Need for Correction

    Two of the corrections are needed so that the implementing 
regulations are accurate and implement the action as intended by the 
Pacific Fishery Management Council (Council) and described in the 
preamble of the final rule. The other two corrections are needed to 
restore text that was unintentionally removed through the final rule.
    The implementing regulations adjusted the sector and gear 
declarations at Sec.  660.13(d)(4)(iv)(A)(1) through (8), but 
inadvertently deleted required declaration types for sectors, gears, 
and fisheries other than limited entry trawl groundfish gear currently 
described at Sec.  660.13(d)(5)(iv)(A)(9) through (26). This correction 
would include the entire list of required gear and sector declarations 
for non-trawl and open access groundfish trips, open access trips for 
other fisheries, and other trip types.

[[Page 66637]]

    At Sec.  660.130(c)(2)(iii) language describing use of small 
footrope gear inside the Klamath River Salmon Conservation Zone 
inadvertently substituted the word ``prohibit'' for ``require'' when 
describing the use of SFFT, a type of small footrope trawl gear, in the 
area. The final rule for a separate action, the 2019-2020 Pacific Coast 
Groundfish Biennial Harvest Specifications (December 12, 2018; 83 FR 
63970), closes the Columbia and Klamath River Salmon Conservation Zones 
to all midwater trawling and to bottom trawling, unless vessels are 
using SFFT. Vessels are currently prohibited from fishing with midwater 
trawl gear in both areas. The specifications final action maintains the 
prohibition on bottom trawling in these areas without SFFT, which was 
included under the blanket requirement that groundfish trawl vessels 
use SFFT gear shoreward of the trawl RCA north of 40[deg]10' N lat. The 
Columbia and Klamath River Salmon Conservation Zones are located inside 
this area. NMFS removed this blanket requirement in the December 8, 
2018, final rule (83 FR 62269) tied to this correction notice. The 
final rule for specifications reestablished the SFFT requirement inside 
the Columbia and Klamath River Salmon Conservation Zones. The SFFT 
requirement is necessary to limit impacts to Endangered Species Act 
salmon and green sturgeon in these areas. Requiring the use of small 
footrope trawl gear, other than SFFT, in these area would remove this 
protective prohibition. Language describing the use of small footrope 
trawl gear, inside the Columbia and Klamath River Salmon Conservation 
Zones would be corrected to state that small footrope trawl gears other 
than SFFT are ``prohibited,'' consistent with the Council's intent for 
regulations in this area. The Council discussed maintaining the SFFT 
requirement in these areas its March 2018, April 2018, and June 2018 
meetings. The public also had the opportunity to comment on maintaining 
this requirement during the comment period for the proposed rule for 
2019-2020 Pacific Coast Groundfish Biennial Harvest Specifications 
(September 19, 2018; 83 FR 47416). Changing this requirement undermine 
the purposes of this rule, and would be inconsistent with our legal 
requirements under the Endangered Species Act.
    The implementing regulations revising Sec.  660.130(c)(4)(i)(A) did 
not specify the location, namely the area between 42[deg] N latitude 
and 40[deg]10' N latitude and shoreward of the trawl RCA, where vessels 
may only carry one type of small footrope trawl gear, SFFT gear, along 
with midwater trawl and large footrope trawl gear. Instead, the 
implementing regulations omitted language specifying the location where 
vessels are subject to this restriction, and maintained the prohibition 
currently in regulation that prohibits a vessel from carrying more than 
one type of small footrope trawl gear north of 40[deg]10' N latitude. 
As described in the preamble to the December 3, 2018, final rule, this 
prohibition for the area between 42[deg] N latitude and 40[deg]10' N 
latitude and shoreward of the trawl RCA is necessary to enforce the 
requirement to only use SFFT gear in this area. The implementing 
regulations will allow vessels fishing outside of the area between 
42[deg] N latitude and 40[deg]10' N latitude and shoreward of the trawl 
RCA area to carry and use any type of small footrope trawl gear. 
Therefore, maintaining the current prohibition on carrying SFFT gear 
outside of the area between 42[deg] N latitude and 40[deg]10' N 
latitude is unnecessarily restrictive. The correction to Sec.  
660.130(c)(4)(ii)(A) will include clarifying language concerning the 
types of gears (SFFT, midwater trawl, and large footrope trawl gear) 
allowed to be fished and carried in this area.

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 correction, 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 notice corrects inadvertent errors in regulations made in the 
final rule published on December 3, 2018, and immediate notice of the 
error and correction is necessary to prevent confusion among 
participants in the fishery that could result in issues with reporting, 
recordkeeping, and enforcement. To effectively correct the errors, the 
changes in this notice must go into effect by January 1, 2019, as the 
final rule that contains the errors will become effective on that date. 
Thus, there is not sufficient time for notice and comment due to the 
imminent effective date of the final rule. In addition, notice and 
comment is unnecessary because this notice makes only minor changes to 
correct the final rule. The public, states and Pacific Fishery 
Management Council are aware of the correct intent of the regulations 
through the public process used to develop the final rule and had the 
opportunity to comment on these requirements during the comment period 
on the proposed rule for this action (September 7, 2018; 83 FR 45396). 
The preamble to the December 3, 2018, final rule also correctly 
describes the intent of the regulations. These corrections will not 
affect the results of analyses conducted to support management 
decisions in the Pacific Coast Groundfish fishery nor change the total 
catch in the fishery. 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). This notice makes only minor corrections to the final 
rule which will be effective January 1, 2018. Delaying effectiveness of 
these corrections would result in conflicts in the regulations and 
confusion among fishery participants. 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.

Corrections

    Effective January 1, 2019, in FR Doc. 2018-26194 at 83 FR 62269 in 
the issue of December 3, 2018:

0
1. On page 62275, in amendatory instruction 3, in the third column, 
paragraphs (d)(4)(iv) introductory text and (d)(4)(iv)(A) are corrected 
to read as follows:


Sec.  660.13  [Corrected]

    (d) * * *
    (4) * * *
    (iv) Declaration reports will include: The vessel name and/or 
identification number, the gear type, and the fishery (as defined in 
paragraph (d)(4)(iv)(A) of this section). Vessels using limited entry 
trawl gear may only declare one gear type at a time. Vessels using 
fixed gear (limited entry and open access) outside the Shorebased IFQ 
Program may declare more than one type of non-trawl gear at the same 
time. Vessels using trawl gear may only declare one trawl gear at a 
time and may not declare fixed gear on the same trip in which trawl 
gear is declared.
    (A) One of the following gear types or sectors must be declared:
    (1) Limited entry fixed gear, not including Shorebased IFQ Program,

[[Page 66638]]

    (2) Limited entry groundfish non-trawl, Shorebased IFQ Program,
    (3) Limited entry midwater trawl, non-whiting Shorebased IFQ 
Program,
    (4) Limited entry midwater trawl, Pacific whiting Shorebased IFQ 
Program,
    (5) Limited entry midwater trawl, Pacific whiting catcher/processor 
sector,
    (6) Limited entry midwater trawl, Pacific whiting mothership sector 
(catcher vessel or mothership),
    (7) Limited entry bottom trawl, Shorebased IFQ Program, not 
including demersal trawl,
    (8) Limited entry demersal trawl, Shorebased IFQ Program,
    (9) Non-groundfish trawl gear for pink shrimp,
    (10) Non-groundfish trawl gear for ridgeback prawn,
    (11) Non-groundfish trawl gear for California halibut,
    (12) Non-groundfish trawl gear for sea cucumber,
    (13) Open access longline gear for groundfish,
    (14) Open access Pacific halibut longline gear,
    (15) Open access groundfish trap or pot gear,
    (16) Open access Dungeness crab trap or pot gear,
    (17) Open access prawn trap or pot gear,
    (18) Open access sheephead trap or pot gear,
    (19) Open access line gear for groundfish,
    (20) Open access HMS line gear,
    (21) Open access salmon troll gear,
    (22) Open access California Halibut line gear,
    (23) Open access Coastal Pelagic Species net gear,
    (24) Other, or
    (25) Tribal trawl.
    (26) Open access California gillnet complex gear.
* * * * *

0
2. On page 62277, in amendatory instruction 8, in the second column, 
paragraph (c)(2)(iii) is corrected to read as follows:


Sec.  660.130  [Corrected]

    (c) * * *
    (2) * * *
    (iii) The use of small footrope trawl, other than selective 
flatfish trawl gear, is prohibited inside the Klamath River Salmon 
Conservation Zone (defined at Sec.  660.131(c)(1)) and the Columbia 
River Salmon Conservation Zone (defined at Sec.  660.131(c)(2)).
* * * * *

0
3. On page 62277, in amendatory instruction 8, in the second column, 
paragraph (c)(4)(i)(A) is corrected to read as follows:


Sec.  660.130   [Corrected]

    (c) * * *
    (4) * * *
    (i) * * *
    (A) A vessel may not have both groundfish trawl gear and non-
groundfish trawl gear on board simultaneously. A vessel may have more 
than one type of midwater groundfish trawl gear on board, either 
simultaneously or successively, during a cumulative limit period. A 
vessel may have more than one type of limited entry bottom trawl gear 
on board (large or small footrope, including selective flatfish trawl), 
either simultaneously or successively, during a cumulative limit period 
except between 42[deg] N latitude and 40[deg]10' N latitude and 
shoreward of the trawl RCA. Between 42[deg] N latitude and 40[deg]10' N 
latitude and shoreward of the trawl RCA, vessels are prohibited from 
having any type of small footrope trawl gear other than selective 
flatfish trawl gear on board when fishing.
* * * * *

0
4. On page 62277, in amendatory instruction 8, in the third column, 
paragraph (c)(4)(ii)(A) is corrected to read as follows:


Sec.  660.130  [Corrected]

    (c) * * *
    (4) * * *
    (ii) * * *
    (A) A vessel may not have both groundfish trawl gear and non-
groundfish trawl gear onboard simultaneously. A vessel may have more 
than one type of midwater groundfish trawl gear on board, either 
simultaneously or successively, during a cumulative limit period. A 
vessel may have more than one type of limited entry bottom trawl gear 
on board (large or small footrope, including selective flatfish trawl), 
either simultaneously or successively, during a cumulative limit 
period.
* * * * *

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

    Dated: December 19, 2018.
Donna S. Wieting,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2018-27921 Filed 12-26-18; 8:45 am]
 BILLING CODE 3510-22-P


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