66636 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations 

As specified at 50 CFR 

622.385(b)(1)(ii)(B), after 75 percent of 

the adjusted commercial quota of 

Atlantic Spanish mackerel is reached or 

is projected to be reached, Atlantic 

Spanish mackerel in or from the EEZ in 

the southern zone may not be possessed 

onboard or landed from a vessel issued 

a Federal permit for Atlantic Spanish 

mackerel in amounts exceeding 1,500 lb 

(680 kg) per day. 

NMFS has determined that 75 percent 

of the adjusted commercial quota for 

Atlantic Spanish mackerel will be 

reached by December 25, 2018. 

Accordingly, the commercial trip limit 

of 1,500 lb (680 kg) per day applies to 

Atlantic Spanish mackerel in or from 

the EEZ in the southern zone effective 

from 6 a.m., local time, on December 26, 

2018, until 12:01 a.m., local time, on 

March 1, 2019, unless changed by 

subsequent notification in the Federal 

Register. 

Classification 

The Regional Administrator for the 

NMFS Southeast Region has determined 

this temporary rule is necessary for the 

conservation and management of 

Atlantic Spanish mackerel and is 

consistent with the Magnuson-Stevens 

Act and other applicable laws. 

This action is taken under 50 CFR 

622.385(b)(1)(ii)(B) and is exempt from 

review under Executive Order 12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act, because the temporary rule is 

issued without opportunity for prior 

notice and opportunity for comment. 

This action responds to the best 

scientific information available. The 

Assistant Administrator for NOAA 

Fisheries (AA) finds that the need to 

immediately reduce the trip limit for the 

commercial sector for Atlantic Spanish 

mackerel constitutes good cause to 

waive the requirements to provide prior 

notice and the opportunity for public 

comment pursuant to 5 U.S.C. 553(b)(B) 

as such procedures are unnecessary and 

contrary to the public interest. Such 

procedures are unnecessary because the 

rules implementing the quotas and trip 

limits have already been subject to 

notice and comment, and all that 

remains is to notify the public of the trip 

limit reduction. 

Prior notice and opportunity for 

public comment is contrary to the 

public interest, because any delay in the 

trip limit reduction of the commercial 

harvest could result in the commercial 

quota being exceeded. There is a need 

to immediately implement this action to 

protect the Atlantic Spanish mackerel 

resource, because the capacity of the 

fishing fleet allows for rapid harvest of 

the commercial quota. Prior notice and 

opportunity for public comment would 

require additional time and could 

potentially result in a harvest well in 

excess of the established commercial 

quota. 

For the aforementioned reasons, the 

AA also finds good cause to waive the 

30-day delay in effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

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

Dated: December 20, 2018. 

Karen H. Abrams, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2018–28039 Filed 12–20–18; 4:15 pm] 

BILLING CODE 3510–22–P 

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. 

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: 

colin.sayre@noaa.gov. 

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° 

North (N) latitude and 40°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 § 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 

§ 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. 


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Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations 66637 

At § 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°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 § 660.130(c)(4)(i)(A) did not 

specify the location, namely the area 

between 42° N latitude and 40°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°10′ N latitude. As described in the 

preamble to the December 3, 2018, final 

rule, this prohibition for the area 

between 42° N latitude and 40°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° N latitude and 40°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° N latitude and 40°10′ N 

latitude is unnecessarily restrictive. The 

correction to § 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: 

■ 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: 

§ 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, 


khammond on DSK30JT082PROD with RULES
66638 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations 

(2) Limited entry groundfish nontrawl, 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. 

* * * * * 

■ 2. On page 62277, in amendatory 

instruction 8, in the second column, 

paragraph (c)(2)(iii) is corrected to read 

as follows: 

§ 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 

§ 660.131(c)(1)) and the Columbia River 

Salmon Conservation Zone (defined at 

§ 660.131(c)(2)). 

* * * * * 

■ 3. On page 62277, in amendatory 

instruction 8, in the second column, 

paragraph (c)(4)(i)(A) is corrected to 

read as follows: 

§ 660.130 [Corrected] 

(c) * * * 

(4) * * * 

(i) * * * 

(A) A vessel may not have both 

groundfish trawl gear and nongroundfish 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° N latitude 

and 40°10′ N latitude and shoreward of 

the trawl RCA. Between 42° N latitude 

and 40°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. 

* * * * * 

■ 4. On page 62277, in amendatory 

instruction 8, in the third column, 

paragraph (c)(4)(ii)(A) is corrected to 

read as follows: 

§ 660.130 [Corrected] 

(c) * * * 

(4) * * * 

(ii) * * * 

(A) A vessel may not have both 

groundfish trawl gear and nongroundfish 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 180625576–8999–03] 

RIN 0648–BH93 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

2019–2020 Biennial Specifications and 

Management Measures; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correction. 

SUMMARY: NMFS published a final rule 

on December 12, 2018, to establish the 

2019–2020 harvest specifications and 

management measures for groundfish 

taken in the U.S. exclusive economic 

zone off the coasts of Washington, 

Oregon, and California. That rule 

included modifications to depth contour 

coordinates used for area management, 

trip limits for a variety of fleets, and 

allocations to different fisheries within 

the Pacific Coast groundfish fisheries. 

This action corrects the order of two 

waypoints for the 150 fathom (274 m) 

depth line, corrects the trip limits for 

the limited entry fixed gear and open 

access fleets for Minor Nearshore 

Rockfish south of 42° North latitude (N), 

and corrects the Shorebased Individual 

Fishing Quota (IFQ) allocations for 2019 

and 2020 for canary rockfish and 

shortspine thornyheads north of 34°27′ 

N latitude. These corrections are 

necessary so that the implementing 

regulations are accurate and implement 

the action as intended by the Pacific 

Fishery Management Council (Council). 

DATES: This correction is effective on 

January 1, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Keeley Kent, phone: 206–526–4655, fax: 

206–526–6736, or email: Keeley.Kent@

noaa.gov. 

SUPPLEMENTARY INFORMATION: NMFS 

published a final rule on December 12, 

2018 (83 FR 63970), that established the 

2019–2020 harvest specifications and 

management measures for groundfish 

taken in the U.S. exclusive economic 

zone off the coasts of Washington, 

Oregon, and California. That final rule 

is effective January 1, 2019. 

Need for Correction 

The December 12, 2018, final rule 

adjusted the waypoints (latitude and 

longitude coordinates) for the 150 


khammond on DSK30JT082PROD with RULES