[Federal Register Volume 75, Number 158 (Tuesday, August 17, 2010)]
[Rules and Regulations]
[Pages 50715-50716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20199]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 600 and 635
[Docket No. 080519678-0313-03]
RIN 0648-AW65
Atlantic Highly Migratory Species; Atlantic Shark Management
Measures; Amendment 3
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; correction.
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SUMMARY: This document contains a correction to final regulations that
were published on June 1, 2010. This change ensures that the process is
preserved for adjusting annual shark quotas based on over- and
underharvests. This correction makes a change to amendatory
instructions in the final rule to accurately reflect NMFS' intention to
effect a conforming amendment to 50 CFR part 635.
DATES: Effective August 17, 2010.
FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or LeAnn
Southward Hogan at 301-713-2347 or (fax) 301-713-1917.
SUPPLEMENTARY INFORMATION: The final rule published on June 1, 2010 (75
FR 30484), and implemented Amendment 3 to the 2006 Consolidated Highly
Migratory Species (HMS) Fishery Management Plan (FMP).
The correction amends Sec. 635.27 (b) in Title 50 of the CFR. In
the amendatory instructions in the published final rule (75 FR 30484),
instruction 12a revised 50 CFR 635.27 (b)(1)(i) through (v), relating
to, among other things, pelagic shark quotas and annual quota
adjustments. The instructions, however, inadvertently omitted
instructions to make a conforming amendment requiring removal of Sec.
635.27 (b)(1)(vii), which relate specifically to annual quota
adjustments. Because of the error, Sec. 635.27 (b)(1)(vii) is
duplicative and inconsistent with Sec. 635.27 (b)(1)(i). The new Sec.
635.27 (b)(1)(i) includes much of the same information and include only
minor changes from Sec. 635.27 (b)(1)(vii). This duplication of
provisions providing inconsistent treatment of the same amendment issue
will likely cause unnecessary confusion within the regulated fishing
industry and among fishery managers as it creates ambiguous guidelines
and two separate standards for adjusting annual shark quotas based on
over- and underharvests for all the
[[Page 50716]]
federally managed shark species in the Atlantic shark fishery.
This correction makes a change to amendatory instructions in the
final rule to accurately reflect NMFS' intention to effect a conforming
amendment to 50 CFR 635.27 (b) by including instructions in the final
rule for the removal of Sec. 635.27 (b)(1)(vii).
Classification
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator of
Fisheries(AA) finds good cause to waive prior notice and opportunity
for public comment otherwise required by this section. The corrections
made by this rule do not make any substantive changes in the rights or
obligations of fishermen managed under Amendment 3 to the 2006
Consolidated Highly Migratory Species Fishery Management Plan
implemented in the June 1, 2010, final rule. No aspect of this action
is controversial, and no change in operating practices in the fishery
is required. It was not NMFS' intent to impose duplicative regulations
in the same section. These errors should be corrected immediately to
eliminate potential confusion by the regulated public. Removing the
duplicative paragraphs without notice does not create problems for
fishermen in terms of compliance with regulations because the
duplicative paragraphs deal with the adjustment of quotas done by
fishery managers. However, if left unrevised, these duplicative
measures create ambiguous guidance and two separate standards for
fishery managers when adjusting annual shark quotas based on over- and
underharvests for all the federally managed shark species in the
Atlantic shark fishery. For the same reasons, the AA finds good cause
under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date.
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.
Need for Correction
Accordingly, in the final rule published on June 1, 2010 (75 FR
30484), on page 30526, column 2, amendatory instruction number 12a is
revised to read as follows:
Sec. 635.27 [Amended]
0
12a. In Sec. 635.27, paragraphs (b)(1)(i) through (v) are revised to
read as follows. Paragraph (b)(1)(vii) is removed.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 11, 2010.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2010-20199 Filed 8-16-10; 8:45 am]
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