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Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Rules and Regulations
Dated: December 27, 2021.
Karen Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
FR Doc. 202128361 Filed 122921; 8:45 am BILLING CODE 351022P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 679
Docket No. 2112210266
RIN 0648BL04

Fisheries of the Exclusive Economic Zone off Alaska; Reclassifying Sculpin Species in the Groundfish Fisheries of the Bering Sea and Aleutian Islands and the Gulf of Alaska; Correcting Amendment National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Final rule; correcting amendment.
AGENCY:

The National Marine Fisheries Service is correcting regulations published in a final rule on July 10, 2020, which reclassified sculpins as Ecosystem Component EC
category, non-target species in both the Bering Sea/Aleutian Islands BSAI
Amendment 121 and Gulf of Alaska Amendment 110 Groundfish Fishery Management Plans FMPs. In the implementing regulations, footnotes requiring the full retention of all rockfish species by catcher vessels CVs using hook-and-line, pot, or jig gear in the BSAI Amendment 119 and Gulf of Alaska Amendment 107 were unintentionally omitted from Tables 10
and 11 to 50 CFR part 679. This correcting amendment is therefore necessary to restore the footnotes as published in the final rule implementing Amendments 119 and 107 and to make other minor corrections.
DATES: Effective December 30, 2021.
FOR FURTHER INFORMATION CONTACT:
Mason Smith, 9075867228.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with RULES

SUMMARY:

Need for Correction The National Marine Fisheries Service NMFS published a rule reclassifying sculpins as EC category, non-target species in both the BSAI Amendment 121 and Gulf of Alaska Amendment 110 Groundfish FMPs in the Federal Register on July 10, 2020 85 FR 41427.

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This rule became effective on August 10, 2020. NMFS has identified footnote errors in that final rule within Table 10
to 50 CFR part 679 Gulf of Alaska Retainable Percentages and Table 11 to 50 CFR part 679 BSAI Retainable Percentage. These tables, associated errors, and corrections to each table are discussed below.
Corrections to Table 10 to 50 CFR Part 679Gulf of Alaska Retainable Percentages Table 10 describes the maximum retainable amount MRA of groundfish in the Gulf of Alaska when NMFS
prohibits directed fishing for those species. This table was modified in a rule published on July 10, 2020 85 FR
41427, which reclassified sculpins in the Gulf of Alaska Amendment 110
Groundfish FMP as EC category, nontarget species. However, the implementing regulations unintentionally omitted footnotes from Table 10, which were added to Table 10
a few months prior in the final rule implementing Amendment 107 to the Gulf of Alaska Groundfish FMP.
The final rule implementing Amendment 107 was published on February 20, 2020 85 FR 9687 and required the full retention of rockfish that are caught by CVs using hook-andline, pot, or jig gear. Since the majority of rockfish do not survive capture, this amendment was intended to decrease waste in the fishery. In addition, Amendment 107 was intended to improve identification of rockfish species by vessels using electronic monitoring, reduce overall enforcement burden, and promote consistency between State and Federal fisheries.
This correcting amendment is therefore necessary to restore the footnotes in Table 10, as published in the final rule implementing Amendment 107. This correcting amendment makes the following corrections to Table 10:
In the Notes to Table 10 to 50 CFR
part 679, the following statement is restored under note 1 Shortraker/
rougheye rockfish: Catcher vessels using hook-and-line, pot, or jig gear are required to retain all rockfish. See 679.20j; and In the Notes to Table 10 to 50 CFR
part 679, the following statement is restored under note 7 Aggregated rockfish: Catcher vessels using hookand-line, pot, or jig gear are required to retain all rockfish. See 679.20j.
In addition, after reviewing Table 10, NMFS determined that there are two minor additional errors that need to be corrected in Table 10:
In Table 10 to 50 CFR part 679, amend note in header to read as: for
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DSR caught on catcher vessels in the SEO, see 679.20 j; and In Table 10 to 50 CFR part 679, the reference to note 9 is removed from the n/a in the cell at the intersection of the Pacific cod basis species row and the Pacific cod incidental catch species column.
Corrections to Table 11 to 50 CFR Part 679BSAI Retainable Percentages Table 11 describes the MRA of groundfish in the BSAI when NMFS
prohibits directed fishing of those species. This table was modified in a rule published on July 10, 2020 85 FR
41427, which reclassified sculpins in the BSAI Amendment 121 Groundfish FMP as EC category, non-target species.
However, the implementing regulations unintentionally omitted footnotes from Table 11, which were added to Table 11
a few months prior in the final rule implementing Amendment 119 to the BSAI Groundfish FMP.
Amendment 119 was implemented in a rule published on February 20, 2020
85 FR 9687 and required the full retention of rockfish that are caught by CVs using hook-and-line, pot, or jig gear. Since the majority of rockfish do not survive capture, this amendment was intended to decrease waste in the fishery. In addition, Amendment 119
was intended to improve identification of rockfish species by vessels using electronic monitoring, reduce overall enforcement burden, and promote consistency between State and Federal fisheries. This correcting amendment is therefore necessary to restore the footnotes in Table 11, as published in the final rule implementing Amendment 119. This correcting amendment makes the following corrections in Table 11:
In Table 11 to 50 CFR part 679, a reference to footnote 9 is restored to the Shortraker/rougheye column header;
In Table 11 to 50 CFR part 679, the following statement is restored to footnote 6: Catcher vessels using hookand-line, pot, or jig gear are required to retain all rockfish. See 679.20j; and In Table 11 to 50 CFR part 679, the following statement is restored to footnote 9: Catcher vessels using hookand-line, pot, or jig gear are required to retain all rockfish. See 679.20j.
Classification The NOAA Assistant Administrator AA for Fisheries finds there is good cause to waive the requirement to provide prior notice and opportunity for public comment on this action pursuant to the authority set forth at 5 U.S.C.
553bB, as such requirement is unnecessary and contrary to the public interest. This correcting amendment
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