Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fishery; Emergency Rule Extension, Revision of 2011 Butterfish Specifications, 47492-47493 [2011-19924]
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47492
Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Rules and Regulations
Act to achieve the optimum yield from
a fishery on a continuing basis, resulting
in a negative economic impact on
vessels permitted to fish in this fishery.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 2, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–19929 Filed 8–4–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 110218149–1182–01]
RIN 0648–BA86
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fishery; Emergency Rule
Extension, Revision of 2011 Butterfish
Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary final rule;
emergency action extension and request
for comments.
AGENCY:
NMFS extends the emergency
revision to the butterfish allowable
biological catch (ABC) implemented on
March 15, 2011, which is scheduled to
expire on September 12, 2011.
Specifically, this temporary rule
maintains the increase in the butterfish
ABC from 1,500 mt to 1,811 mt, and
applies the increase to the butterfish
mortality cap in the Loligo (Doryteuthis)
squid fishery, based on the most recent
and best available scientific
information. The increase is extended
for an additional 186 days to maintain
the increased butterfish ABC through
the end of the 2011 fishing year (i.e.,
through December 31, 2011), or until
superseded by 2012 MSB specifications.
DATES: The effective date of the interim
rule published March 15, 2011 (76 FR
13887), is extended through March 16,
2012, unless superseded by another
action. NMFS will accept comments
through September 6, 2011.
ADDRESSES: The supplemental EA is
available by request from: Patricia
Kurkul, Regional Administrator,
National Marine Fisheries Service,
Northeast Region, 55 Great Republic
Drive, Gloucester, MA 01930–2276, or
via the Internet at https://
www.nero.noaa.gov.
erowe on DSKG8SOYB1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:55 Aug 04, 2011
Jkt 223001
You may submit comments, identified
by RIN 0648–BA86, by any one of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal e-Rulemaking portal https://
www.regulations.gov;
• Fax: (978) 281–9135, Attn: Aja
Szumylo;
• Mail to NMFS, Northeast Regional
Office, 55 Great Republic Dr, Gloucester,
MA 01930. Mark the outside of the
envelope ‘‘Comments on Extension of
the Emergency Rule to Revise the
Butterfish Specifications.’’
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Aja
Szumylo, Fishery Policy Analyst, (978)
281–9195; fax: (978) 281–9135.
SUPPLEMENTARY INFORMATION:
Background
This temporary final rule extends the
emergency measures implemented on
March 15, 2011 (76 FR 13887), as
authorized by section 305(c) of the
Magnuson-Stevens Act, to increase the
butterfish ABC from 1,500 mt to 1,811
mt. The March 15, 2011, emergency rule
included detailed information on
purpose and need to revise the
butterfish ABC that was initially set in
the final 2011 specifications for the
MSB Fishery Management Plan (FMP)
(76 FR 8306; February 14, 2011). There
was one anonymous comment
submitted on the emergency rule. NMFS
will again accept public comment on
both the appropriateness of the
emergency action to date, and its
extension.
The emergency specifications
extended through this final rule
maintain the 2011 butterfish ABC at
1,811 mt, with the increase applied to
the butterfish mortality cap on the
Loligo fishery. Other specifications for
butterfish, specifically initial optimum
yield (IOY), domestic annual harvest
(DAH), domestic annual processing
(DAP), total allowable level of foreign
PO 00000
Frm 00070
Fmt 4700
Sfmt 4700
fishing (TALFF), and research set-aside
(RSA), are unchanged from those set in
the final 2011 specifications.
Specifications for Atlantic mackerel,
Loligo squid, and Illex squid also remain
unchanged.
Amendment 10 to the MSB FMP
specified that the butterfish mortality
cap is to be set equal to 75 percent of
the butterfish ABC, with the remaining
25 percent of the butterfish ABC
allocated to account for butterfish catch
in other fisheries, but noted that this
apportionment may be revised as
necessary to accommodate the Loligo
squid fishery. The additional 311–mt
ABC allotment extended through this
action is entirely allocated to the
mortality cap. Under the 2011
specifications, the butterfish mortality
cap was 1,125 mt (75 percent of 1,500
mt); this extension maintains the
increase in the 2011 butterfish mortality
cap at 1,436 mt that was implemented
in the emergency action.
NMFS policy guidelines for the use of
emergency rules (62 FR 44421; August
21, 1997) specify the following three
criteria that define what an emergency
situation is, and justification for final
rulemaking: (1) The emergency results
from recent, unforeseen events or
recently discovered circumstances; (2)
the emergency presents serious
conservation or management problems
in the fishery; and (3) the emergency
can be addressed through emergency
regulations for which the immediate
benefits outweigh the value of advance
notice, public comment, and
deliberative consideration of the
impacts on participants to the same
extent as would be expected under the
normal rulemaking process. NMFS
policy guidelines further provide that
emergency action is justified for certain
situations where emergency action
would prevent significant direct
economic loss, or to preserve a
significant economic opportunity that
otherwise might be foregone. As noted
in the March 15, 2011, emergency rule,
NMFS determined that it was necessary
to modify the butterfish specifications,
consistent with new scientific advice, in
a timely manner in order allow the
Loligo squid fleet to optimize Loligo
squid harvest with reduced concern that
the fishery would be closed due to the
butterfish mortality cap.
Comments
Comment: One anonymous individual
opposed the increase in the butterfish
ABC and stated that this level of taking
is not sustainable.
Response: As discussed in the
background section of the March 2011
emergency rule, the increased butterfish
E:\FR\FM\05AUR1.SGM
05AUR1
Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Rules and Regulations
ABC NMFS implemented in the
emergency action is consistent with the
best scientific information available.
The analysis presented in the
supplemental EA concludes that
increasing the butterfish ABC to 1,811
mt is not expected to have any adverse
impact on the butterfish stock when
compared to the original 1,500-mt
butterfish ABC.
erowe on DSKG8SOYB1PROD with RULES
Classification
NMFS has determined that this rule is
consistent with the Magnuson-Stevens
Act and other applicable law.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
under section 553(b)(B) of the
Administrative Procedure Act (APA)
that it is impracticable and contrary to
the public interest to provide for prior
notice and opportunity for the public to
comment. As more fully explained
above, the reasons justifying
promulgation of this rule on an
emergency basis make solicitation of
public comment contrary to the public
interest. This action provides the benefit
of allowing the Loligo fleet to optimize
its harvest, with less concern that the
fishery could be closed due to the
butterfish mortality cap. The initial
emergency action did not allow for prior
public comment because the scientific
review process and determination could
not have been completed any earlier,
due to the inherent time constraints
associated with the process and the fact
that the information on which this
action is based became available after
2011 specifications were finalized.
For the reason above, the Assistant
Administrator for Fisheries finds good
cause under section 553(d) of the APA
to waive the 30-day delay in
effectiveness.
This emergency rule has been
determined to be not significant for
purposes of E.O. 12866.
This rule is exempt from the
procedures of the Regulatory Flexibility
Act to prepare a regulatory flexibility
analysis because the rule is issued
without opportunity for prior public
comment.
The EA prepared for the initial
emergency rule analyzed the impacts of
the emergency specifications for the
duration of a year (Supplemental
Environmental Assessment for 2011
Atlantic Mackerel, Squid, and Butterfish
Specifications; February 2011).
Therefore, the impacts of this
emergency action extension have been
analyzed, and are within the scope of
the Finding of No Significant Impact.
Authority: 16 U.S.C. 1801 et seq.
VerDate Mar<15>2010
14:55 Aug 04, 2011
Jkt 223001
Dated: August 2, 2011.
Eric C. Schwaab,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 2011–19924 Filed 8–4–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
RIN 0648–XA209
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands King and Tanner
Crabs
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of agency decision.
AGENCY:
NMFS announces approval of
Amendments 38 and 39 to the Fishery
Management Plan for Bering Sea/
Aleutian Islands King and Tanner Crabs
(FMP). Amendment 38 establishes a
mechanism in the FMP to specify
annual catch limits and accountability
measures for each crab stock. This
action is necessary to account for
uncertainty in the overfishing limit and
prevent overfishing. Amendment 39
modifies the snow crab rebuilding plan
to define the stock as rebuilt the first
year the stock biomass is above the level
necessary to produce maximum
sustainable yield. Amendments 38 and
39 are intended to promote the goals
and objectives of the Magnuson-Stevens
Fishery Conservation and Management
Act, the FMP, and other applicable
laws.
DATES: The amendment was approved
on August 2, 2011.
ADDRESSES: Electronic copies of
Amendments 38 and 39 and the
Environmental Assessment prepared for
this action may be obtained from the
NMFS Alaska Region Web site at
https://alaskafisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Gretchen Harrington, 907–586–7228.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires that
each regional fishery management
council submit any fishery management
plan or fishery management plan
amendment it prepares to NMFS for
review and approval, disapproval, or
partial approval by the Secretary of
SUMMARY:
PO 00000
Frm 00071
Fmt 4700
Sfmt 4700
47493
Commerce. The Magnuson-Stevens Act
also requires that NMFS, upon receiving
a fishery management plan amendment,
immediately publish a notice in the
Federal Register announcing that the
amendment is available for public
review and comment.
NMFS published the notice of
availability for Amendments 38 and 39
to the FMP on May 4, 2011 (76 FR
25295), with a comment period that
ended on July 5, 2011. NMFS received
one comment letter. NMFS summarized
this letter into two separate comments,
and responds to them under Response
to Comments, below.
NMFS determined that Amendments
38 and 39 to the FMP are consistent
with the Magnuson-Stevens Act and
other applicable laws and approved
Amendments 38 and 39 on August 2,
2011. The May 4, 2011, notice of
availability (76 FR 25295) contains
additional information on this action.
No changes to Federal regulations are
necessary to implement these FMP
amendments.
The crab fisheries in the exclusive
economic zone of the Bering Sea and
Aleutian Islands are managed under the
FMP. The FMP was prepared by the
North Pacific Fishery Management
Council (Council) under the authority of
the Magnuson-Stevens Act, 16 U.S.C.
1801 et seq. The FMP establishes a
cooperative management regime that
defers many aspects of crab fisheries
management to the State of Alaska
(State) with Federal oversight. State crab
fishery management action must be
consistent with the FMP, MagnusonStevens Act, and other applicable
Federal laws.
Annual Catch Limits and Acceptable
Biological Catch
In October 2010, the Council
unanimously recommended
Amendments 38 and 39 to the FMP.
Amendment 38 establishes a
mechanism in the FMP for the Council
to specify annual catch limits (ACLs)
and accountability measures.
Amendment 39 modifies the snow crab
rebuilding plan to establish that the
stock will be rebuilt when the snow crab
biomass is estimated to reach the level
necessary to produce maximum
sustainable yield.
Amendment 38 satisfies requirements
of the Magnuson-Stevens Act, as
amended in 2007, while maintaining the
FMP’s cooperative management regime
that relies on State expertise in
collecting and analyzing scientific data
on crab and in establishing the total
allowable catches (TACs). Amendment
38 establishes acceptable biological
catch (ABC) control rules in the FMP
E:\FR\FM\05AUR1.SGM
05AUR1
]]>Agencies
[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Rules and Regulations]
[Pages 47492-47493]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19924]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 110218149-1182-01]
RIN 0648-BA86
Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish Fishery; Emergency Rule Extension, Revision of
2011 Butterfish Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary final rule; emergency action extension and request
for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS extends the emergency revision to the butterfish
allowable biological catch (ABC) implemented on March 15, 2011, which
is scheduled to expire on September 12, 2011. Specifically, this
temporary rule maintains the increase in the butterfish ABC from 1,500
mt to 1,811 mt, and applies the increase to the butterfish mortality
cap in the Loligo (Doryteuthis) squid fishery, based on the most recent
and best available scientific information. The increase is extended for
an additional 186 days to maintain the increased butterfish ABC through
the end of the 2011 fishing year (i.e., through December 31, 2011), or
until superseded by 2012 MSB specifications.
DATES: The effective date of the interim rule published March 15, 2011
(76 FR 13887), is extended through March 16, 2012, unless superseded by
another action. NMFS will accept comments through September 6, 2011.
ADDRESSES: The supplemental EA is available by request from: Patricia
Kurkul, Regional Administrator, National Marine Fisheries Service,
Northeast Region, 55 Great Republic Drive, Gloucester, MA 01930-2276,
or via the Internet at https://www.nero.noaa.gov.
You may submit comments, identified by RIN 0648-BA86, by any one of
the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking portal https://www.regulations.gov;
Fax: (978) 281-9135, Attn: Aja Szumylo;
Mail to NMFS, Northeast Regional Office, 55 Great Republic
Dr, Gloucester, MA 01930. Mark the outside of the envelope ``Comments
on Extension of the Emergency Rule to Revise the Butterfish
Specifications.''
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT: Aja Szumylo, Fishery Policy Analyst,
(978) 281-9195; fax: (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
This temporary final rule extends the emergency measures
implemented on March 15, 2011 (76 FR 13887), as authorized by section
305(c) of the Magnuson-Stevens Act, to increase the butterfish ABC from
1,500 mt to 1,811 mt. The March 15, 2011, emergency rule included
detailed information on purpose and need to revise the butterfish ABC
that was initially set in the final 2011 specifications for the MSB
Fishery Management Plan (FMP) (76 FR 8306; February 14, 2011). There
was one anonymous comment submitted on the emergency rule. NMFS will
again accept public comment on both the appropriateness of the
emergency action to date, and its extension.
The emergency specifications extended through this final rule
maintain the 2011 butterfish ABC at 1,811 mt, with the increase applied
to the butterfish mortality cap on the Loligo fishery. Other
specifications for butterfish, specifically initial optimum yield
(IOY), domestic annual harvest (DAH), domestic annual processing (DAP),
total allowable level of foreign fishing (TALFF), and research set-
aside (RSA), are unchanged from those set in the final 2011
specifications. Specifications for Atlantic mackerel, Loligo squid, and
Illex squid also remain unchanged.
Amendment 10 to the MSB FMP specified that the butterfish mortality
cap is to be set equal to 75 percent of the butterfish ABC, with the
remaining 25 percent of the butterfish ABC allocated to account for
butterfish catch in other fisheries, but noted that this apportionment
may be revised as necessary to accommodate the Loligo squid fishery.
The additional 311-mt ABC allotment extended through this action is
entirely allocated to the mortality cap. Under the 2011 specifications,
the butterfish mortality cap was 1,125 mt (75 percent of 1,500 mt);
this extension maintains the increase in the 2011 butterfish mortality
cap at 1,436 mt that was implemented in the emergency action.
NMFS policy guidelines for the use of emergency rules (62 FR 44421;
August 21, 1997) specify the following three criteria that define what
an emergency situation is, and justification for final rulemaking: (1)
The emergency results from recent, unforeseen events or recently
discovered circumstances; (2) the emergency presents serious
conservation or management problems in the fishery; and (3) the
emergency can be addressed through emergency regulations for which the
immediate benefits outweigh the value of advance notice, public
comment, and deliberative consideration of the impacts on participants
to the same extent as would be expected under the normal rulemaking
process. NMFS policy guidelines further provide that emergency action
is justified for certain situations where emergency action would
prevent significant direct economic loss, or to preserve a significant
economic opportunity that otherwise might be foregone. As noted in the
March 15, 2011, emergency rule, NMFS determined that it was necessary
to modify the butterfish specifications, consistent with new scientific
advice, in a timely manner in order allow the Loligo squid fleet to
optimize Loligo squid harvest with reduced concern that the fishery
would be closed due to the butterfish mortality cap.
Comments
Comment: One anonymous individual opposed the increase in the
butterfish ABC and stated that this level of taking is not sustainable.
Response: As discussed in the background section of the March 2011
emergency rule, the increased butterfish
[[Page 47493]]
ABC NMFS implemented in the emergency action is consistent with the
best scientific information available. The analysis presented in the
supplemental EA concludes that increasing the butterfish ABC to 1,811
mt is not expected to have any adverse impact on the butterfish stock
when compared to the original 1,500-mt butterfish ABC.
Classification
NMFS has determined that this rule is consistent with the Magnuson-
Stevens Act and other applicable law.
The Assistant Administrator for Fisheries, NOAA, finds good cause
under section 553(b)(B) of the Administrative Procedure Act (APA) that
it is impracticable and contrary to the public interest to provide for
prior notice and opportunity for the public to comment. As more fully
explained above, the reasons justifying promulgation of this rule on an
emergency basis make solicitation of public comment contrary to the
public interest. This action provides the benefit of allowing the
Loligo fleet to optimize its harvest, with less concern that the
fishery could be closed due to the butterfish mortality cap. The
initial emergency action did not allow for prior public comment because
the scientific review process and determination could not have been
completed any earlier, due to the inherent time constraints associated
with the process and the fact that the information on which this action
is based became available after 2011 specifications were finalized.
For the reason above, the Assistant Administrator for Fisheries
finds good cause under section 553(d) of the APA to waive the 30-day
delay in effectiveness.
This emergency rule has been determined to be not significant for
purposes of E.O. 12866.
This rule is exempt from the procedures of the Regulatory
Flexibility Act to prepare a regulatory flexibility analysis because
the rule is issued without opportunity for prior public comment.
The EA prepared for the initial emergency rule analyzed the impacts
of the emergency specifications for the duration of a year
(Supplemental Environmental Assessment for 2011 Atlantic Mackerel,
Squid, and Butterfish Specifications; February 2011). Therefore, the
impacts of this emergency action extension have been analyzed, and are
within the scope of the Finding of No Significant Impact.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 2, 2011.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2011-19924 Filed 8-4-11; 8:45 am]
BILLING CODE 3510-22-P
