Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Recreational Accountability Measures, 23633-23635 [2012-9596]
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23633
Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations
species, including octocorals, not
currently in need of Federal
management from the FMPs. After the
regulations implementing the Generic
ACL Amendment became effective on
January 30, 2012, NMFS determined
that the FMP title for the Gulf Coral and
Coral Reefs FMP was inadvertently
removed from Table 1 in § 622.1. The
intent was to remove octocoral species,
which are not currently in need of
Federal management, from the FMP, but
not to change Table 1 in § 622.1.
Need for Correction
As published, the final rule contains
an error in the FMP table in the
regulatory text. In § 622.1, paragraph (b),
Table 1, the row titled, ‘‘FMP for Coral
and Coral Reefs of the Gulf of Mexico’’
was incorrectly removed. This action
will reinstate that row into Table 1 in
§ 622.1. All other information remains
unchanged and will not be repeated in
this correction.
Classification
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries,
NOAA, finds good cause to waive prior
notice and opportunity for additional
public comment for this action because
delaying this action is unnecessary. This
correcting amendment includes a minor,
non-substantive change to regulatory
text to reinstate a row of text into the
FMP table in 50 CFR part 622 that was
incorrectly removed. This amendment
does not modify, add or remove any
rights, privileges or obligations of any
individuals. Rather, the removal of an
FMP in a table published in the final
rule was an error. Reinserting this row
into the table, as published in this
correcting amendment, will alleviate
unnecessary confusion for participants
in Gulf fisheries. No adverse affect on
fishing stocks will result from this
amendment. Because this is a minor
technical amendment that is
administrative in nature and in which
the public would have little interest,
public comment is unnecessary.
For the same reasons, the Assistant
Administrator also finds good cause,
pursuant to 5 U.S.C. 553(d), to waive the
30-day delay in effective date for this
correcting amendment. This revision is
a minor, non-substantive change and
does not change operating practices in
Gulf fisheries. The immediate
publication of this correcting
amendment will alleviate potential
confusion for Gulf fishermen.
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., are inapplicable.
This action is not considered
significant under Executive Order
12866.
List of Subjects in 50 CFR Part 622
Fisheries, Fishing, Puerto Rico,
Reporting and recordkeeping
requirements, Virgin Islands.
Dated: April 16, 2012.
Samuel D. Rauch III,
Acting Assistant Administrator for Fisheries,
National Marine Fisheries Service.
Accordingly, 50 CFR part 622 is
corrected by making the following
correcting amendment:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF, AND SOUTH
ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.1, paragraph (b), in Table
1, the row titled ‘‘FMP for Coral and
Coral Reefs of the Gulf of Mexico’’ is
added, in alphabetical order, to read as
follows:
■
§ 622.1
*
Purpose and scope.
*
*
(b) * * *
*
*
TABLE 1—FMPS IMPLEMENTED UNDER PART 622
FMP title
Responsible fishery
management council(s)
*
*
*
*
FMP for Coral and Coral Reefs of the Gulf of Mexico .........................................
*
*
GMFMC ................................................
*
*
*
*
*
*
*
*
[FR Doc. 2012–9604 Filed 4–19–12; 8:45 am]
BILLING CODE 3210–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 111128700–2405–02]
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RIN 0648–BB66
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Recreational Accountability
Measures
National Marine Fisheries
Service, National Oceanic and
AGENCY:
VerDate Mar<15>2010
16:08 Apr 19, 2012
Jkt 226001
*
*
Atmospheric Administration,
Commerce.
ACTION: Final rule.
This final rule removes the
recreational accountability measures
that were implemented in January 2012
to address an overage of the fishing year
2010 Gulf of Maine haddock sub-annual
catch limit by the recreational fishery.
Newly available data indicate that there
was no overage by the recreational
fishery for fishing year 2010. Therefore,
possession limits and an increase in the
minimum size for haddock caught in the
Gulf of Maine by recreational anglers
aboard private or charter/party vessels
are no longer needed.
DATES: Effective April 20, 2012.
ADDRESSES: An analysis of the impacts
of the accountability measures that are
SUMMARY:
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Fmt 4700
Sfmt 4700
Geographical area
*
*
Gulf.
*
being removed by this action is
included in the Final Environmental
Impact Statement (FEIS) prepared for
Amendment 16 to the Northeast (NE)
Multispecies Fishery Management Plan
(FMP). Copies of Amendment 16, its
Regulatory Impact Review (RIR), and the
FEIS are available from Paul J. Howard,
Executive Director, New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
The FEIS/RIR is also accessible via the
Internet at https://www.nefmc.org/
nemulti/.
FOR FURTHER INFORMATION CONTACT:
Brett Alger, Fishery Management
Specialist, (978) 675–2153, fax (978)
281–9135.
SUPPLEMENTARY INFORMATION: The final
rule implementing Amendment 16 to
the NE Multispecies FMP (75 FR 18262,
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20APR1
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Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations
April 9, 2010) established a process to
set and distribute ACLs among the
various components of the groundfish
fishery, which includes an allocation to
the recreational fishery for Gulf of
Maine (GOM) cod and haddock.
Amendment 16 also established
accountability measures (AMs) that
would be implemented if any ACL is
exceeded during a particular fishing
year (FY). If the recreational fishery
exceeds its sub-ACL for GOM cod or
GOM haddock, NMFS is required to
implement AMs to prevent the
recreational fishery from exceeding the
pertinent sub-ACL in time for the
following fishing year. NMFS is
required to develop these AMs in
consultation with the New England
Fishery Management Council (Council),
and may consider adjustments to fishing
seasons, minimum fish size, or
possession limits to achieve the
necessary reductions. The effective
period of such measures can be
modified through notice consistent with
the Administrative Procedure Act if it is
determined that such measures are not
necessary to prevent overfishing or
ensure that a similar overage does not
occur during future fishing years.
In FY 2010, the recreational fishery
was allocated 324 mt of GOM haddock
as part of Framework Adjustment 44 to
the NE Multispecies FMP (April 9, 2010,
75 FR 18356). Based on Marine
Recreational Fishing Statistical Survey
(MRFSS) data, the only available
information at the time, NMFS
determined that the recreational fishery
caught 396.3 mt of GOM haddock
during FY 2010. This represented an
overage of 72.3 mt, or 22.3 percent of
the FY 2010 GOM haddock recreational
sub-ACL. After consulting with the
Council and its Recreational Advisory
Panel, NMFS published an interim final
rule (76 FR 82197, December 30, 2011)
that implemented a 9-fish possession
limit (previously there was no
constraint on possession) and increased
the minimum fish size for haddock
caught in the GOM Regulated Mesh
Area from 18 in (45.72 cm) to 19 in
(48.26 cm) total length.
The Marine Recreational Information
Program (MRIP), initiated in 2008,
provides a new way of counting and
reporting marine recreational catch and
effort; due to improved statistical
techniques, it results in less-biased and
more-accurate data than MRFSS.
Through the end of calendar year 2012,
data already collected using MRFSS will
be re-estimated using MRIP until a fill
transition is completed for the 2013
calendar year. Therefore, in 2012, NMFS
will have both MRFSS and MRIP catch
estimates. The MRIP data for the
VerDate Mar<15>2010
16:08 Apr 19, 2012
Jkt 226001
recreational GOM haddock catch
became available at the beginning of
2012, after the interim final rule to
implement AMs was published on
December 30, 2011. Using the MRIP
data, NMFS determined that the
recreational fishery only caught 297.4
mt of GOM haddock during FY 2010,
which is an underage of 26.6 mt, or 8.2
percent of the FY 2010 GOM haddock
recreational sub-ACL. Because the FY
2010 recreational catch actually resulted
in an underage, the AMs are no longer
necessary.
NMFS received 12 public comments
during the 15-day comment period on
the interim final rule implementing
AMs, some specifically regarding the
effectiveness and need for these
measures to address haddock catch; the
comments are summarized below.
Additionally, on February 7, 2012,
NMFS received a request from the
Council to revisit the implemented
GOM haddock AMs in light of the new
MRIP information indicating that the
recreational fishery did not exceed its
sub-ACL for this stock.
Given this new information, and after
review of the public comments received
on the interim final rule implementing
the recreational AMs, NMFS is
removing the 9-fish possession limit and
the increased minimum fish size of 19
in (48.26 cm) total length for haddock
caught in the GOM Regulated Mesh
Area. As a result of this action, as before
implementation of the recreational AMs,
there is no possession limit and the
minimum size for haddock is 18 in
(45.72 cm) total length.
Comments
Comments: NMFS received comments
from 12 individuals. Seven individuals
did not support the changes in
possession limit or minimum fish size
implemented by the interim final rule;
no individuals wrote in support of the
measures. Ten individuals commented
on the data relied upon to approve the
interim final rule measures and question
whether economic impacts were
considered prior to implementing the
interim final rule. There were also
several comments unrelated to the AMs
implemented through the interim final
rule and are therefore not relevant to
this action.
Response: In Amendment 16, the
Council analyzed a series of potential
AMs in the recreational fishery, such as
possession limits and changes in the
minimum fish size, including the
measures implemented by the interim
final rule. The economic impacts of
potential AMs in the recreational fishery
were analyzed in Sections 7.5.2.3.2.3
and 7.5.2.3.6.3 of the Amendment 16
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
FEIS. Until recently, MRFSS data was
the best available scientific information
to assess catch by recreational anglers
and to determine whether or not an AM
was needed to address an overage.
However, MRIP data, which became
available on January 23, 2012, after the
recreation AMs were implemented on
January 6, 2012, are the result of a less
biased and more accurate method of
counting and reporting recreational
catch and effort than the previously
used MRFSS data. Because MRIP data
indicates that there was no overage in
2010, the AMs are no longer necessary.
NMFS is removing the AMs through this
final rule.
Classification
The Acting Regional Administrator,
Northeast Region, NMFS, determined
that removing the management
measures by this final rule is consistent
with the Magnuson-Stevens Act and
other applicable law.
The Office of Management and Budget
has determined that this rule is not
significant for purposes of Executive
Order 12866.
A Regulatory Flexibility Act analysis
was completed for Amendment 16 to
the NE Multispecies FMP, which
included the measures in place prior to
the interim final rule and the measure
implemented by the interim final rule.
Removing the interim measures through
this final rule does not require any
additional RFA analysis.
Pursuant to 5 U.S.C. 553(b)(3)(B), the
Acting Assistant Administrator for
Fisheries, NMFS, finds good cause to
waive the requirements for prior notice
and the opportunity for public comment
for removing the AMs by this final rule
because a delay in its effectiveness
would be impracticable, unnecessary,
and contrary to the public interest. The
AMs implemented in the interim final
rule were intended to address an
overage of the FY 2010 GOM haddock
sub-ACL by the recreational groundfish
fishery. Because later data concluded
that there was no overage, the AMs are
no longer necessary. The recreational
haddock fishing season begins in April,
and removing the measures as early as
possible will avoid unnecessary
negative economic impacts to the
charter/party vessel operators who
derive income from the recreational
haddock fishery.
The Acting Assistant Administrator
for Fisheries, NMFS, also finds good
cause to waive the 30-day delayed
effective requirement, pursuant to
5 U.S.C. 553(d)(3). The possession limits
and increased minimum fish size
measures implemented in the interim
final rule reduce potential landings and
E:\FR\FM\20APR1.SGM
20APR1
Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations
devalue recreational trips. Removing
these restrictions in a timely way will
avoid these unnecessary adverse
economic impacts. The recreational
fishing season, particularly for charter/
party vessels, begins in April of each
year. NE multispecies charter/party
operations advertise and try to book
fishing trips prior to the start of their
fishing season as part of their yearly
business plans. Delaying the removal of
the AMs by 30 days would complicate
business plans currently being
developed by charter/party operations,
and prohibit them from effectively
planning, advertising, and booking trips
for the upcoming fishing season.
Further, delays in removing the AMs for
GOM haddock could result in business
changes midway into the spring
recreational fishing season, which could
result in unanticipated negative
economic impacts to charter/party
vessel operators and associated
supporting businesses due to confusion
in applicable regulations, changes to
advertisements, and potentially
cancelled trips. Therefore, it is contrary
to the public interest to unnecessarily
delay the removal of the AMs, and good
cause exists to waive the 30-day delayed
effectiveness requirement.
Finally, pursuant to 5 U.S.C.
553(d)(1), this rule is exempt from the
30-day delayed effectiveness
requirement because it relieves
restrictions. By removing the AMs
originally implemented in the interim
final rule, this rule will ease the burdens
of the regulated community, and no
legitimate reason exists to delay its
effectiveness.
This final rule does not contain
policies with federalism or ‘‘takings’’
implications as those terms are defined
in E.O. 13132 and E.O. 12630,
respectively.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 17, 2012.
Samuel D. Rauch III,
Acting Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 2012–9596 Filed 4–19–12; 8:45 am]
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BILLING CODE 3510–22–P
VerDate Mar<15>2010
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Jkt 226001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 110707371–2136–02]
RIN 0648–BB28
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Specifications
and Management Measures;
Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
AGENCY:
This action corrects an
omission in the regulatory text in the
final rule for 2012 Specifications for the
Atlantic Mackerel, Squid, and Butterfish
fisheries.
DATES: Effective April 20, 2012.
FOR FURTHER INFORMATION CONTACT: Aja
Szumylo, Fishery Policy Analyst, 978–
281–9195.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The final rule to implement 2012
specifications and management
measures for the Atlantic mackerel and
squid fisheries, and the interim final
rule to implement 2012 butterfish
fishery specifications was published in
the Federal Register on March 21, 2011
(77 FR 16472). This action established
catch levels for the 2012 fishing year for
mackerel and butterfish, established
catch levels for the 2012–2014 fishing
years for longfin squid and Illex squid,
and includes minor adjustments to
management measures for the mackerel
and longfin squid fisheries. Details
regarding the measures in the 2012
specifications are in the final rule and
are not repeated here.
Need for Correction
One of the management measure
adjustments for mackerel provides that
the commercial mackerel fishery be
closed when 95 percent of the
commercial quota (domestic annual
harvest or DAH) has been caught. While
the final rule revised the regulatory text
regarding closures of the commercial
fishery at 50 CFR 648.24(b)(1) to reflect
this adjustment, regulatory text at
§ 648.26 also includes references to the
former closure threshold (90 percent)
and was inadvertently not updated to
reflect the change. This correction
adjusts the regulatory text at § 648.26(a)
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Fmt 4700
Sfmt 4700
23635
to reflect the new 95-percent closure. If
left uncorrected, the regulations at
§ 648.26(a) would not match the
adjustment to the closure threshold
implemented in the final rule at
§ 648.24(b)(1), and may be confusing to
the public. This correction does not
change the intent or application of the
measures described in the proposed and
final rule.
Classification
The Assistant Administrator for
Fisheries, NOAA (AA) finds good cause
under 5 U.S.C. 553(b)(B), to waive the
requirement for prior notice and
opportunity for public comment for this
action because notice and comment
would be unnecessary, impracticable,
and contrary to the public interest.
Notice and comment are unnecessary,
impracticable, and contrary to the
public interest because this action
simply makes the text of the codified
regulations consistent with the text in
the final rule, and makes corrections to
accurately reflect the intent of the final
rule. This correction eliminates
inconsistencies between the regulatory
text contained in the final rule and the
codified regulations, and therefore
eliminates any confusion that the
inconsistency might create for the
public. No aspect of this action is
controversial and no change in
operating practices in the fishery is
required from those intended in the
final rule.
For the same reasons, pursuant to 5
U.S.C. 553(d), the AA finds good cause
to waive the 30-day delay in effective
date. If this rule is not implemented by
April 20, 2012, the public will have
conflicting information regarding the
closure threshold used to close the
mackerel fishery once the quota has
been attained, which will cause
confusion and would be inconsistent
with the final rule.
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. are inapplicable.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
E:\FR\FM\20APR1.SGM
20APR1
]]>Agencies
[Federal Register Volume 77, Number 77 (Friday, April 20, 2012)]
[Rules and Regulations]
[Pages 23633-23635]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9596]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 111128700-2405-02]
RIN 0648-BB66
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Recreational Accountability Measures
AGENCY: National Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule removes the recreational accountability
measures that were implemented in January 2012 to address an overage of
the fishing year 2010 Gulf of Maine haddock sub-annual catch limit by
the recreational fishery. Newly available data indicate that there was
no overage by the recreational fishery for fishing year 2010.
Therefore, possession limits and an increase in the minimum size for
haddock caught in the Gulf of Maine by recreational anglers aboard
private or charter/party vessels are no longer needed.
DATES: Effective April 20, 2012.
ADDRESSES: An analysis of the impacts of the accountability measures
that are being removed by this action is included in the Final
Environmental Impact Statement (FEIS) prepared for Amendment 16 to the
Northeast (NE) Multispecies Fishery Management Plan (FMP). Copies of
Amendment 16, its Regulatory Impact Review (RIR), and the FEIS are
available from Paul J. Howard, Executive Director, New England Fishery
Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. The
FEIS/RIR is also accessible via the Internet at https://www.nefmc.org/nemulti/.
FOR FURTHER INFORMATION CONTACT: Brett Alger, Fishery Management
Specialist, (978) 675-2153, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION: The final rule implementing Amendment 16 to
the NE Multispecies FMP (75 FR 18262,
[[Page 23634]]
April 9, 2010) established a process to set and distribute ACLs among
the various components of the groundfish fishery, which includes an
allocation to the recreational fishery for Gulf of Maine (GOM) cod and
haddock. Amendment 16 also established accountability measures (AMs)
that would be implemented if any ACL is exceeded during a particular
fishing year (FY). If the recreational fishery exceeds its sub-ACL for
GOM cod or GOM haddock, NMFS is required to implement AMs to prevent
the recreational fishery from exceeding the pertinent sub-ACL in time
for the following fishing year. NMFS is required to develop these AMs
in consultation with the New England Fishery Management Council
(Council), and may consider adjustments to fishing seasons, minimum
fish size, or possession limits to achieve the necessary reductions.
The effective period of such measures can be modified through notice
consistent with the Administrative Procedure Act if it is determined
that such measures are not necessary to prevent overfishing or ensure
that a similar overage does not occur during future fishing years.
In FY 2010, the recreational fishery was allocated 324 mt of GOM
haddock as part of Framework Adjustment 44 to the NE Multispecies FMP
(April 9, 2010, 75 FR 18356). Based on Marine Recreational Fishing
Statistical Survey (MRFSS) data, the only available information at the
time, NMFS determined that the recreational fishery caught 396.3 mt of
GOM haddock during FY 2010. This represented an overage of 72.3 mt, or
22.3 percent of the FY 2010 GOM haddock recreational sub-ACL. After
consulting with the Council and its Recreational Advisory Panel, NMFS
published an interim final rule (76 FR 82197, December 30, 2011) that
implemented a 9-fish possession limit (previously there was no
constraint on possession) and increased the minimum fish size for
haddock caught in the GOM Regulated Mesh Area from 18 in (45.72 cm) to
19 in (48.26 cm) total length.
The Marine Recreational Information Program (MRIP), initiated in
2008, provides a new way of counting and reporting marine recreational
catch and effort; due to improved statistical techniques, it results in
less-biased and more-accurate data than MRFSS. Through the end of
calendar year 2012, data already collected using MRFSS will be re-
estimated using MRIP until a fill transition is completed for the 2013
calendar year. Therefore, in 2012, NMFS will have both MRFSS and MRIP
catch estimates. The MRIP data for the recreational GOM haddock catch
became available at the beginning of 2012, after the interim final rule
to implement AMs was published on December 30, 2011. Using the MRIP
data, NMFS determined that the recreational fishery only caught 297.4
mt of GOM haddock during FY 2010, which is an underage of 26.6 mt, or
8.2 percent of the FY 2010 GOM haddock recreational sub-ACL. Because
the FY 2010 recreational catch actually resulted in an underage, the
AMs are no longer necessary.
NMFS received 12 public comments during the 15-day comment period
on the interim final rule implementing AMs, some specifically regarding
the effectiveness and need for these measures to address haddock catch;
the comments are summarized below. Additionally, on February 7, 2012,
NMFS received a request from the Council to revisit the implemented GOM
haddock AMs in light of the new MRIP information indicating that the
recreational fishery did not exceed its sub-ACL for this stock.
Given this new information, and after review of the public comments
received on the interim final rule implementing the recreational AMs,
NMFS is removing the 9-fish possession limit and the increased minimum
fish size of 19 in (48.26 cm) total length for haddock caught in the
GOM Regulated Mesh Area. As a result of this action, as before
implementation of the recreational AMs, there is no possession limit
and the minimum size for haddock is 18 in (45.72 cm) total length.
Comments
Comments: NMFS received comments from 12 individuals. Seven
individuals did not support the changes in possession limit or minimum
fish size implemented by the interim final rule; no individuals wrote
in support of the measures. Ten individuals commented on the data
relied upon to approve the interim final rule measures and question
whether economic impacts were considered prior to implementing the
interim final rule. There were also several comments unrelated to the
AMs implemented through the interim final rule and are therefore not
relevant to this action.
Response: In Amendment 16, the Council analyzed a series of
potential AMs in the recreational fishery, such as possession limits
and changes in the minimum fish size, including the measures
implemented by the interim final rule. The economic impacts of
potential AMs in the recreational fishery were analyzed in Sections
7.5.2.3.2.3 and 7.5.2.3.6.3 of the Amendment 16 FEIS. Until recently,
MRFSS data was the best available scientific information to assess
catch by recreational anglers and to determine whether or not an AM was
needed to address an overage. However, MRIP data, which became
available on January 23, 2012, after the recreation AMs were
implemented on January 6, 2012, are the result of a less biased and
more accurate method of counting and reporting recreational catch and
effort than the previously used MRFSS data. Because MRIP data indicates
that there was no overage in 2010, the AMs are no longer necessary.
NMFS is removing the AMs through this final rule.
Classification
The Acting Regional Administrator, Northeast Region, NMFS,
determined that removing the management measures by this final rule is
consistent with the Magnuson-Stevens Act and other applicable law.
The Office of Management and Budget has determined that this rule
is not significant for purposes of Executive Order 12866.
A Regulatory Flexibility Act analysis was completed for Amendment
16 to the NE Multispecies FMP, which included the measures in place
prior to the interim final rule and the measure implemented by the
interim final rule. Removing the interim measures through this final
rule does not require any additional RFA analysis.
Pursuant to 5 U.S.C. 553(b)(3)(B), the Acting Assistant
Administrator for Fisheries, NMFS, finds good cause to waive the
requirements for prior notice and the opportunity for public comment
for removing the AMs by this final rule because a delay in its
effectiveness would be impracticable, unnecessary, and contrary to the
public interest. The AMs implemented in the interim final rule were
intended to address an overage of the FY 2010 GOM haddock sub-ACL by
the recreational groundfish fishery. Because later data concluded that
there was no overage, the AMs are no longer necessary. The recreational
haddock fishing season begins in April, and removing the measures as
early as possible will avoid unnecessary negative economic impacts to
the charter/party vessel operators who derive income from the
recreational haddock fishery.
The Acting Assistant Administrator for Fisheries, NMFS, also finds
good cause to waive the 30-day delayed effective requirement, pursuant
to 5 U.S.C. 553(d)(3). The possession limits and increased minimum fish
size measures implemented in the interim final rule reduce potential
landings and
[[Page 23635]]
devalue recreational trips. Removing these restrictions in a timely way
will avoid these unnecessary adverse economic impacts. The recreational
fishing season, particularly for charter/party vessels, begins in April
of each year. NE multispecies charter/party operations advertise and
try to book fishing trips prior to the start of their fishing season as
part of their yearly business plans. Delaying the removal of the AMs by
30 days would complicate business plans currently being developed by
charter/party operations, and prohibit them from effectively planning,
advertising, and booking trips for the upcoming fishing season.
Further, delays in removing the AMs for GOM haddock could result in
business changes midway into the spring recreational fishing season,
which could result in unanticipated negative economic impacts to
charter/party vessel operators and associated supporting businesses due
to confusion in applicable regulations, changes to advertisements, and
potentially cancelled trips. Therefore, it is contrary to the public
interest to unnecessarily delay the removal of the AMs, and good cause
exists to waive the 30-day delayed effectiveness requirement.
Finally, pursuant to 5 U.S.C. 553(d)(1), this rule is exempt from
the 30-day delayed effectiveness requirement because it relieves
restrictions. By removing the AMs originally implemented in the interim
final rule, this rule will ease the burdens of the regulated community,
and no legitimate reason exists to delay its effectiveness.
This final rule does not contain policies with federalism or
``takings'' implications as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 17, 2012.
Samuel D. Rauch III,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 2012-9596 Filed 4-19-12; 8:45 am]
BILLING CODE 3510-22-P
