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Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Rules and Regulations
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Councils intent and are consistent with what was anticipated by participants in the groundfish fishery.
DATES: This correction is effective March 16, 2021.
FOR FURTHER INFORMATION CONTACT:
Karen Palmigiano at karen.palmigiano@
noaa.gov or 2065264491.
SUPPLEMENTARY INFORMATION: NMFS
published a final rule on December 11, 2020, 85 FR 79880, that implemented the 20212022 harvest specifications and management measures for groundfish harvested in the U.S.
exclusive economic zone off the coasts of Washington, Oregon, and California.
That final rule was effective January 1, 2021. After publication of the final rule, NMFS noted the need for four corrections.
Corrections The final rule for the 20212022
groundfish harvest specifications and management measures 85 FR 79880;
December 11, 2020 inadvertently deleted the final waypoint for the line approximating the 100-fathom depth contour coast-wide at the U.S. and Mexico border. This waypoint, known as point 322, at 3234.22 North latitude N lat., 11721.20 West longitude W. long. was part of the regulations in 2020 and the Pacific Fishery Management Council Council did not recommend to remove it through the 20212022 harvest specifications. This final rule will add point 322 back into the list of waypoints for the 100-fathom line.
Without this point identified in the regulations, it is difficult for members of industry to use their plotters to identify the boundaries of the non-trawl RCA.
Additionally, the waypoint must be reinstated into the regulations in order for law enforcement to correctly enforce the boundaries of the non-trawl RCA.
This correcting amendment would revise the regulations to reinstate the missing waypoint.
In order to make the description of the depth contours off of California consistent with the description used for Oregon and Washington, the final rule noted in section V. Changes From the Proposed Rule that the language describing the boundary lines in 660.3603iA1 and 2 would be changed from . . . is prohibited seaward of the 30 fm 55m depth contour . . . to . . . is prohibited seaward of the boundary line approximating the 30 fm 55m depth contour . . . . However, the final rule inadvertently did not change the regulatory text to include the updated description. This correcting amendment
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would revise the language in 660.3603iA1 and 2 to include the correct description of the depth contours consistent with the intent of the 20212022 harvest specifications final rule and the Councils intent. This clarification is needed to provide consistency among sections in the regulations so that the description of the depth contours for recreational closed areas are consistent between the three states.
The final rule implemented the Council recommendation to remove the gear restrictions for the limited-entry fixed-gear LEFG and open-access OA
fishery targeting stocks in the Other Flatfish complex south of 42 N lat. by removing the hook-and-line gear restriction language from the LEFG and OA trip limit tables. However, NMFS
inadvertently did not remove the gear restriction from other sections of the regulatory text. Specifically, the requirement to use no more than 12
hooks, Number 2 or smaller, which measure no more than 11 mm 0.44
inches point to shank and up to two 1lb 0.45 kg weights per line should have been removed in all places it appears in the regulatory text and replaced with hook and line gear only. This final rule would remove the gear restriction specifying the type and number of hooks from the regulations so that the regulations are consistent and follow the intent of the action. This correction is needed to reduce confusion and inconsistencies in the regulatory text as to what gears are allowed to be used inside the non-trawl RCA.
The final rule included a typographical error in the description of the boundary lines south of 3427 N lat.
for the non-groundfish trawl RCA for California halibut, sea cucumber, and ridgeback prawns in Table 3 South to Subpart F. Instead of stating the fathom lines of the boundary, the boundaries are stated as 01/01/2021+A108:P133.
This final rule will correct the boundary from the 100 fm line to the 150 fm line.
This correction is needed to enforce the boundaries of this non-groundfish trawl RCA and also to reduce confusion about the boundaries among members of industry.
All of these corrections are consistent with the Council action for the 2021
2022 groundfish harvest specifications and the public expects the regulations to be written as in the correction. These are minor corrections to correctly implement the Councils intent in their final action taken in June 2020.
Classification NMFS is issuing this rule pursuant to 305d of the Magnuson-Stevens Act. In
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a previous action taken pursuant to section 304b, the Council designed the Pacific Coast Groundfish Fishery Management Plan FMP to authorize NMFS to take this action pursuant to MSA section 305d. See 50 CFR 660.
The NMFS Assistant Administrator has determined that this final rule is consistent with the FMP and other applicable law.
Pursuant to 5 U.S.C. 553bB, the Assistant Administrator for Fisheries AA finds there is good cause to waive prior notice and an opportunity for public comment on this action, 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 action corrects inadvertent errors related to the December 11, 2020 final rule 85 FR 79880. Immediate correction of the errors is necessary to prevent confusion among participants in the fishery due to conflicting gear restrictions and lack of waypoints to define boundary lines that could result in issues with enforcement. To effectively correct the errors, the changes in this action must be effective upon publication as the fishery has already begun. Thus, there is not sufficient time for notice and comment.
In addition, notice and comment is unnecessary because this notice makes only minor changes to correct inadvertent errors related to the December 11, 2020 final rule 85 FR
79880. These corrections will not affect the results of analyses conducted to support management decisions in the Pacific Coast groundfish fishery. These corrections are consistent with the Councils intent for regulations and the public expects the regulations to be written as in the correction. No change in operating practices in the fishery is required.
For the same reasons stated above, the AA has determined good cause exists to waive the 30-day delay in effectiveness pursuant to 5 U.S.C. 553d. This notice makes only minor corrections to the final rule which was effective January 1, 2021. 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.

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