Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Rules and Regulations 1631 

Point North lat. West long. 

D 33°15.75′ 77°00.0′ 

A 33°25′ 77°04.75′ 

(ii) Northern South Carolina MPA is 

bounded on the north by 32°53.5′ N. 

lat.; on the south by 32°48.5′ N. lat.; on 

the east by 78°04.75′ W. long.; and on 

the west by 78°16.75′ W. long. 

(iii) Edisto MPA is bounded on the 

north by 32°24′ N. lat.; on the south by 

32°18.5′ N. lat.; on the east by 78°54.0′ 

W. long.; and on the west by 79°06.0′ W. 

long. 

(iv) Charleston Deep Artificial Reef 

MPA is bounded by rhumb lines 

connecting, in order, the following 

points: 

Point North lat. West long. 

A 32°04′ 79°12′ 

B 32°08.5′ 79°07.5′ 

C 32°06′ 79°05′ 

D 32°01.5′ 79°09.3′ 

A 32°04′ 79°12′ 

(v) Georgia MPA is bounded by rhumb 

lines connecting, in order, the following 

points: 

Point North lat. West long. 

A 31°43′ 79°31′ 

B 31°43′ 79°21′ 

C 31°34′ 79°29′ 

D 31°34′ 79°39′ 

A 31°43′ 79°31′ 

(vi) North Florida MPA is bounded on 

the north by 30°29’ N. lat.; on the south 

by 30°19’ N. lat.; on the east by 80°02’ 

W. long.; and on the west by 80°14’ W. 

long. 

(vii) St. Lucie Hump MPA is bounded 

on the north by 27°08’ N. lat.; on the 

south by 27°04’ N. lat.; on the east by 

79°58’ W. long.; and on the west by 

80°00’ W. long. 

(viii) East Hump MPA is bounded by 

rhumb lines connecting, in order, the 

following points: 

Point North lat. West long. 

A 24°36.5′ 80°45.5′ 

B 24°32′ 80°36′ 

C 24°27.5′ 80°38.5′ 

D 24°32.5′ 80°48′ 

Point North lat. West long. 

A 24°36.5′ 80°45.5′ 

(2) For the purpose of paragraph (i)(1) 

of this section, transit means direct, 

non-stop progression through the MPA. 

Fishing gear appropriately stowed 

means— 

(i) A longline may be left on the drum 

if all gangions and hooks are 

disconnected and stowed below deck. 

Hooks cannot be baited. All buoys must 

be disconnected from the gear; however, 

buoys may remain on deck. 

(ii) A trawl or try net may remain on 

deck, but trawl doors must be 

disconnected from such net and must be 

secured. 

(iii) A gillnet, stab net, or trammel net 

must be left on the drum. Any 

additional such nets not attached to the 

drum must be stowed below deck. 

(iv) Terminal gear (i.e., hook, leader, 

sinker, flasher, or bait) used with an 

automatic reel, bandit gear, buoy gear, 

handline, or rod and reel must be 

disconnected and stowed separately 

from such fishing gear. A rod and reel 

must be removed from the rod holder 

and stowed securely on or below deck. 

(v) A crustacean trap, golden crab 

trap, or sea bass pot cannot be baited. 

All buoys must be disconnected from 

the gear; however, buoys may remain on 

deck. 

[FR Doc. E9–497 Filed 1–12–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 080302360–7686–03] 

RIN 0648–AT91 

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 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule, correction. 

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 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) and other 

applicable law. 

DATES: Effective January 14, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Patsy A. Bearden, 907–586–7228. 

SUPPLEMENTARY 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. E8–29625, published in 

the Federal Register on December 15, 

2008 (73 FR 76136), the following errors 

occur in §§ 679.4 and 679.5. This 

document corrects those errors. 

NMFS is correcting the heading for 

the table in § 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 

1632 Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Rules and Regulations 

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. 

Check-in and check-out requirements 

for catcher/processors, motherships, 

shoreside processors, and stationary 

floating processors are in regulations at 

§ 679.5(h). Among other regulatory 

actions, the supplemental proposed and 

final rules reformatted check-in and 

check-out requirements from text to 

table format. The regulatory text for both 

check-in and check-out reports was 

combined. Paragraph (h)(4) describes 

requirements for both the check-in and 

check-out reports. Paragraph (h)(5) 

describes information that must be 

submitted in both the check-in and 

check-out reports. Paragraph (h)(5)(xiv) 

states to indicate either YES or NO if the 

report is a check-out report. NMFS 

unintentionally failed to include in the 

supplemental proposed and final rules a 

follow-up 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 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.’’ 

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 non-substantive. 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 in-text 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 30-day delay in effective date 

requirement of 5 U.S.C. 553(d). 

Corrections 

■ Accordingly, the final rule, FR Doc. 

E8–29625, 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: 

§ 679.4 Permits. 

If program permit type is: Permit is in effect from issue date through the 

end of: For more information, see . . . 

* * * * * * * 

* * * * * 

§ 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: 

§ 679.5 Recordkeeping and reporting 

(R&R). 

* * * * * 

(c) * * * 

(1) * * * 

(vi) * * * 

(B) * * * 

LOGSHEET DISTRIBUTION AND SUBMITTAL

If logsheet color is 

. . . 

Logsheet found in these logbooks 

Submit to . . . Time limit 

CV lgl CV trw CP lgl CP trw MS 

* * * * * * * 

(3) Yellow .............. X X ............ ............ ............ Must submit quarterly to: 

NOAA Fisheries Office for Law 

Enforcement Alaska Region 

Logbook Program, P.O. Box 

21767, Juneau, AK 99802– 

1767 Telephone: 907–586– 

7225.

On the following schedule: 

1st quarter by May 1 of that 

fishing year. 2nd quarter by 

August 1 of that fishing year. 

3rd quarter by November 1 

of that fishing year. 4th quarter by February 1 of the following fishing year. 

* * * * * * * 

Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Rules and Regulations 1633 

* * * * * 

■ 2b. On page 76164, paragraphs 

(h)(5)(xv) is corrected and paragraph 

(h)(5)(xvi) is added to read as follows: 

§ 679.5 Recordkeeping and reporting 

(R&R). 

* * * * * 

(h) * * * 

(5) * * * 

Required information 

Check-in report Check-out report 

MS C/P SS, 

SFP MS C/P SS, SFP 

* * * * * * * 

(xv) If YES, enter date facility ceased to receive or process groundfish ......................... ............ ............ ............ ............ ............ X 

(xvi) Indicate product weight of all fish or fish 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. ............ ............ X ............ ............ X

* * * * * Dated: January 8, 2009. 

Samuel D. Rauch III, 

Deputy Assistant Administrator, for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. E9–489 Filed 1–12–09; 8:45 am] 

BILLING CODE 3510–22–P