Proposed Rules. Final rule; correction SUMMARY: NMFS issues a correction to a final rule implementing the Atlantic Large Whale Take Reduction Plan (ALWTRP) that was published in the **Federal Register** on January 10, 2002

Agency: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce
Action: Final rule; correction
Citation: FR Doc. 02-7710 · RIN 0648-AN88 · Docket No. 001128334-1313-06; I.D. 092101B · 50 CFR 229

Summary

NMFS issues a correction to a final rule implementing the Atlantic Large Whale Take Reduction Plan (ALWTRP) that was published in the Federal Register on January 10, 2002. The purpose of this correction is to correct unintended errors from the final rule regarding the dates during which fishermen must comply with requirements for Mid-Atlantic anchored gillnet gear modifications.

Dates

Effective March 28, 2002.

Supplementary Information

Electronic Access Documents concerning the Atlantic Large Whale Take Reduction Plan planning process and the rule that is clarified by this technical amendment can be downloaded from the ALWTRP web site at http://www.nero.nmfs.gov/whaletrp/. Copies of the most recent marine mammal stock assessment reports may be obtained by writing to Richard Merrick, NMFS, 166 Water St., Woods Hole, MA 02543 or can be downloaded from the Internet at http://www.wh.whoi.edu/psb/sar2000.pdf. The final rule implementing measures to protect right whales from entanglement in certain commercial fishing gears(67 FR 1300, January 10, 2002), incorrectly required year-round gear modifications for Mid-Atlantic anchored gillnet gear. This document clarifies and corrects § 229.32 (d)(7)(ii) by reinserting the time frame of December 1 through March 31 for Mid-Atlantic anchored gillnet gear modification requirements. The December 1 through March 31 time period was the original time period appearing in the regulations prior to issuance of the final rule, and it was the intent of the NMFS and the Atlantic Large Whale Take Reduction Team to maintain this time period. NMFS did not intend for certain gear modification requirements to extend past March 31. If NMFS were to provide prior notice and an opportunity for comment on this correction, the gear requirements would continue past a date when they are no longer necessary while such proceeding occurred. As such, the Assistant Administrator finds for good cause under 5 U.S.C. (B)(3) that providing prior notice and an opportunity for public comment for this rule would be impracticable and contrary to the public interest. The 30-day delay in effective date is waived under 5 U.S.C. (D)(1), because this final rule is relieving a restriction. In rule FR Doc.02-273 published January 10, 2002 (67 FR 1300), make the following correction. § 229.32 [Corrected] On page 1314, in the second column, in paragraph (d)(7)(ii) of § 229.32, add the phrase, “From December 1 through March 31,” to the beginning of the sentence. Dated: March 25, 2002. Rebecca Lent, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 02-7710 Filed 3-28-02; 2:37 pm]