Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications and Management Measures; Correction, 23635-23636 [2012-9601]

Download as PDF 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] tkelley on DSK3SPTVN1PROD with RULES BILLING CODE 3510–22–P VerDate Mar<15>2010 16:08 Apr 19, 2012 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) PO 00000 Frm 00039 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 23636 Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations Dated: April 17, 2012. Samuel D. Rauch III, Acting Assistant Administrator for Fisheries, National Marine Fisheries Service. For reasons set out in the preamble, 50 CFR part 648 is corrected by making the following correcting amendments: PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. 2. In § 648.26, paragraphs (a)(1)(i) through (iii) are revised to read as follows: ■ § 648.26 Mackerel, squid, and butterfish possession restrictions. tkelley on DSK3SPTVN1PROD with RULES (a) Atlantic mackerel. (1) A vessel must be issued a valid limited access mackerel permit to fish for, possess, or land more than 20,000 lb (9.08 mt) of VerDate Mar<15>2010 16:08 Apr 19, 2012 Jkt 226001 Atlantic mackerel from or in the EEZ per trip, provided that the fishery has not been closed because 95 percent of the DAH has been harvested, as specified in § 648.24(b)(1)(i). (i) A vessel issued a Tier 1 Limited Access Mackerel Permit is authorized to fish for, possess, or land Atlantic mackerel with no possession restriction in the EEZ per trip, and may only land Atlantic mackerel once on any calendar day, which is defined as the 24-hr period beginning at 0001 hours and ending at 2400 hours, provided that the fishery has not been closed because 95 percent of the DAH has been harvested, as specified in § 648.24(b)(1)(i). (ii) A vessel issued a Tier 2 Limited Access Mackerel Permit is authorized to fish for, possess, or land up to 135,000 lb (61.23 mt) of Atlantic mackerel in the EEZ per trip, and may only land Atlantic mackerel once on any calendar PO 00000 Frm 00040 Fmt 4700 Sfmt 9990 day, which is defined as the 24-hr period beginning at 0001 hours and ending at 2400 hours, provided that the fishery has not been closed because 95 percent of the DAH has been harvested, as specified in § 648.24(b)(1)(i). (iii) A vessel issued a Tier 3 Limited Access Mackerel Permit is authorized to fish for, possess, or land up to 100,000 lb (45.36 mt) of Atlantic mackerel in the EEZ per trip, and may only land Atlantic mackerel once on any calendar day, which is defined as the 24-hr period beginning at 0001 hours and ending at 2400 hours, provided that the fishery has not been closed because 90 percent of the Tier 3 allocation has been harvested, or 95 percent of the DAH has been harvested, as specified in § 648.22(b)(1)(i) and (ii). * * * * * [FR Doc. 2012–9601 Filed 4–19–12; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\20APR1.SGM 20APR1

Agencies

[Federal Register Volume 77, Number 77 (Friday, April 20, 2012)]
[Rules and Regulations]
[Pages 23635-23636]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9601]


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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

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; correction.

-----------------------------------------------------------------------

SUMMARY: 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:

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 Sec.  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 Sec.  648.26(a) to reflect the new 95-percent closure. If left 
uncorrected, the regulations at Sec.  648.26(a) would not match the 
adjustment to the closure threshold implemented in the final rule at 
Sec.  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.


[[Page 23636]]


    Dated: April 17, 2012.
Samuel D. Rauch III,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For reasons set out in the preamble, 50 CFR part 648 is corrected 
by making the following correcting amendments:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.

0
2. In Sec.  648.26, paragraphs (a)(1)(i) through (iii) are revised to 
read as follows:


Sec.  648.26  Mackerel, squid, and butterfish possession restrictions.

    (a) Atlantic mackerel. (1) A vessel must be issued a valid limited 
access mackerel permit to fish for, possess, or land more than 20,000 
lb (9.08 mt) of Atlantic mackerel from or in the EEZ per trip, provided 
that the fishery has not been closed because 95 percent of the DAH has 
been harvested, as specified in Sec.  648.24(b)(1)(i).
    (i) A vessel issued a Tier 1 Limited Access Mackerel Permit is 
authorized to fish for, possess, or land Atlantic mackerel with no 
possession restriction in the EEZ per trip, and may only land Atlantic 
mackerel once on any calendar day, which is defined as the 24-hr period 
beginning at 0001 hours and ending at 2400 hours, provided that the 
fishery has not been closed because 95 percent of the DAH has been 
harvested, as specified in Sec.  648.24(b)(1)(i).
    (ii) A vessel issued a Tier 2 Limited Access Mackerel Permit is 
authorized to fish for, possess, or land up to 135,000 lb (61.23 mt) of 
Atlantic mackerel in the EEZ per trip, and may only land Atlantic 
mackerel once on any calendar day, which is defined as the 24-hr period 
beginning at 0001 hours and ending at 2400 hours, provided that the 
fishery has not been closed because 95 percent of the DAH has been 
harvested, as specified in Sec.  648.24(b)(1)(i).
    (iii) A vessel issued a Tier 3 Limited Access Mackerel Permit is 
authorized to fish for, possess, or land up to 100,000 lb (45.36 mt) of 
Atlantic mackerel in the EEZ per trip, and may only land Atlantic 
mackerel once on any calendar day, which is defined as the 24-hr period 
beginning at 0001 hours and ending at 2400 hours, provided that the 
fishery has not been closed because 90 percent of the Tier 3 allocation 
has been harvested, or 95 percent of the DAH has been harvested, as 
specified in Sec.  648.22(b)(1)(i) and (ii).
* * * * *
[FR Doc. 2012-9601 Filed 4-19-12; 8:45 am]
BILLING CODE 3510-22-P

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