[Federal Register Volume 74, Number 58 (Friday, March 27, 2009)]
[Rules and Regulations]
[Page 13348]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6898]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 090311306-9309-01]
RIN 0648-XN88


Fisheries of the Northeastern United States; Summer Flounder, 
Scup, and Black Sea Bass Fisheries; 2009 Scup and Black Sea Bass 
Specifications; Correction

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

ACTION: Final rule; correction.

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SUMMARY: On January 2, 2009, NMFS published in the Federal Register a 
final rule containing final specifications for the 2009 scup and black 
sea bass fisheries. On six occasions in the preamble text of that rule, 
the English system of measurement in pounds for various iterations of 
the scup and black sea bass specifications were incorrectly converted 
into metric system of measurement equivalents. This document corrects 
those values to insure that the metric values are consistent with the 
2009 specifications.

DATES: Effective March 27, 2009, through December 31, 2009.

FOR FURTHER INFORMATION CONTACT: Michael Ruccio, Fishery Policy 
Analyst, (978) 281-9104.

SUPPLEMENTARY INFORMATION: The final rule, including final quota 
specifications (i.e., commercial quota and recreational harvest limit) 
for the 2009 summer flounder, scup, and black sea bass fisheries was 
published in the Federal Register on January 2, 2009 (74 FR 29). On 
page 32, in the first column, the proposed scup Total Allowable Catch 
(TAC) is listed as 5,339 metric tons (mt), the TAC implemented by the 
final rule in the second column is listed as 5,796 mt, and the Total 
Allowable Landings (TAL) is listed as 4, 170 mt. In the third column, 
the commercial quota is listed at 3,123 mt, and the recreational 
harvest limit is listed as 965 mt.
    The corrected values for these scup specification values are as 
follows: The 2009 proposed TAC is 5,307 mt, the final rule TAC is 7,049 
mt, the final rule TAL is 5,071 mt, the commercial quota is 3,798 mt, 
and the recreational harvest limit is 1,173 mt.
    The black sea bass commercial quota in the first column of page 35 
is listed as 1,043 mt. The corrected value for the commercial quota is 
495 mt.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator finds 
good cause to waive prior notice and opportunity for additional public 
comment for this action because any delay of this action would be 
contrary to the public interest. As explained above, this rule corrects 
various metric values for the 2009 scup TAC, TAL, commercial quota, and 
recreational harvest limit and black sea bass commercial quota that had 
already been published in the Federal Register. In the final 
specifications rule published January 2, 2009 (74 FR 29), the various 
quota iterations were correctly listed in the English system of 
measurement. These values were inadvertently converted to the metric 
system utilizing the incorrect conversion factor and thus, the metric 
values listed in the final specifications rule are not correct or equal 
to the English system values. To delay this correction notice would 
cause confusion over the aforementioned available 2009 scup and black 
sea bass harvest levels because of the disparity between the English 
system of measurement, in pounds, and the metric expression of those 
same values, in metric tons that were incorrectly converted in the 
original specifications that published January 2, 2009 (74 FR 29). 
Moreover, pursuant to 5 U.S.C. 553(d), the Assistant Administrator 
finds good cause to waive the 30-day delay in effective date for the 
reasons given above. Delaying the rule for 30 days may negatively 
impact fishermen accustomed to referring to the metric system of 
measurement because the values for the aforementioned harvest levels 
were incorrectly converted from the English system of measurement in 
the final specifications. The immediate publication of the correct 
information will rectify any confusion on the matter of what the metric 
expression of the 2009 scup and black sea bass harvest levels should 
be.
    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., are inapplicable.
    This final rule is exempt from review under Executive Order 12866.

Correction

    Accordingly, the final rule FR Doc. E8-31236, published on January 
2, 2009 (74 FR 29), is corrected as follows:
    1. On page 32:
    a. In the first column, in the last paragraph, in the seventh line, 
``(5, 339-mt) scup Total Allowable Catch'' is corrected to read 
``(5,307- mt) , scup Total Allowable Catch'' and in the second column, 
in the last paragraph, in the second line, ``(5,796-mt) scup TAC'' is 
corrected to read ``(7,049 -mt) scup TAC'', and in the third line, 
``(4,170-mt) scup TAL.''is corrected to read ``(5,071- mt) scup TAL''.
    b. In the third column, in the seventh line, ``commercial quota of 
8,373,848 lb (3,123 mt) is corrected to read ``commercial quota of 
8,373,848 lb (3,798 mt) and in the eighth and ninth lines, 
``recreational harvest limit of 2,585,952 lb (965 mt).'' is corrected 
to read ``recreational harvest limit of 2,585,952 lb (1, 173 mt).''
    2. On page 35, in the first column, in the fourth line, ``(1,048-
mt) black sea bass TAL.'' is corrected to read ``(495-mt) black sea 
bass TAL.''

    Dated: March 23, 2009
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E9-6898 Filed 3-26-09; 8:45 am]
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