Magnuson-Stevens Act Provisions, Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Framework Adjustment 48; Final Rule; Correction, 34587-34588 [2013-13195]
Download as PDF
<![CDATA[
Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
on May 29, 2013 (78 FR 32179), NMFS
projects the recreational red snapper
quota of 4.145 million lb (1.880 million
kg), round weight (50 CFR
622.39(a)(2)(i)), to be harvested in 28
days. Therefore, NMFS closes the
recreational sector for red snapper in the
entire Gulf EEZ at 12:01 a.m., local time,
June 29, 2013. The closure dates off
individual Gulf states that published in
the final rule on May 29, 2013 (78 FR
32179) are therefore no longer in effect.
During the Gulf-wide EEZ closure, the
bag and possession limit for red snapper
in or from the Gulf EEZ is zero. In
addition, a person aboard a vessel for
which a Federal charter vessel/headboat
permit for Gulf reef fish has been issued
must also abide by these closure
provisions in state waters. NMFS has
determined this action is necessary to
prevent the recreational sector for red
snapper from exceeding its quota for the
fishing year.
Classification
The Regional Administrator,
Southeast Region, NMFS, (RA) has
determined this temporary rule is
necessary for the conservation and
management of Gulf red snapper and is
consistent with the Magnuson-Stevens
Act and other applicable laws.
This action is taken under 50 CFR
622.39(a)(2)(i) and is exempt from
review under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive the requirements
to provide prior notice and opportunity
for public comment on this temporary
rule. Such procedures are unnecessary
because the rule implementing the
recreational red snapper quota and the
rule implementing the requirement to
close the recreational sector when the
quota is reached or projected to be
reached have already been subject to
notice and comment, and NMFS must
now notify the public of the adjusted
closure. Such procedures are contrary to
the public interest because the
recreational fishing season opened 1 day
after the Court set aside the emergency
rule authorizing state specific EEZ
closures, and the quota is projected to
be reached quickly. Providing prior
notice and opportunity for public
comment on this action would also be
contrary to the public interest because
many of those affected by the length of
the recreational fishing season,
particularly charter vessel and headboat
operations, book trips for clients in
advance and, therefore need as much
VerDate Mar<15>2010
16:02 Jun 07, 2013
Jkt 229001
time as possible to adjust business plans
to account for the adjusted recreational
fishing season.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: June 5, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–13680 Filed 6–5–13; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 120814336–3495–03]
RIN 0648–BC27
Magnuson-Stevens Act Provisions,
Fisheries of the Northeastern United
States; Northeast (NE) Multispecies
Fishery; Framework Adjustment 48;
Final Rule; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; stay and correction.
AGENCY:
This action corrects the
‘‘Dates’’ section in the interim final rule
for Northeast (NE) Multispecies
Framework Adjustment 48, published
on May 3, 2013. It also stays a provision
that inadvertently was made effective on
May 1, 2013.
DATES: Section 648.83(a)(1) is stayed
effective from June 10, 2013 to July 1,
2013. The effective date of the addition
of § 648.84(e) published May 3, 2013 (78
FR 26158) is corrected to June 10, 2013.
FOR FURTHER INFORMATION CONTACT: Liz
Sullivan, Liz.Sullivan@noaa.gov, phone:
978–282–8493, fax: 978–281–9135.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
This action corrects the ‘‘Dates’’
section referenced in the final rule for
Framework Adjustment 48, published
on May 3, 2013 (78 FR 26118). The
Framework Adjustment 48 final rule
states: ‘‘DATES: Effective May 1, 2013,
except for the amendment to § 648.84,
which is effective July 1, 2013.’’ This is
incorrect. The correct language should
have read: ‘‘DATES: Effective May 1,
2013, except for the amendment to
§ 648.83, which is effective July 1,
2013.’’
PO 00000
Frm 00043
Fmt 4700
Sfmt 4700
34587
Framework Adjustment 48 reduced
the NE multispecies minimum fish sizes
for several groundfish stocks. The
regulations retaining to minimum fish
sizes are found in § 648.83. Measure 13
of the final rule implementing
Framework Adjustment 48 explains the
need to address discrepancies between
state and Federal minimum fish sizes,
stating that different fish sizes could
complicate compliance and enforcement
of this measure. Because of this concern,
NMFS intended to delay the effective
date of the measure to reduce minimum
sizes until July 1, 2013, to allow state
agencies additional time to consider and
make corresponding adjustments to
their minimum sizes. However, the
‘‘Dates’’ section of the Framework
Adjustment 48 final rule inadvertently
stated that measures in § 648.84 were
being delayed instead. Section 648.84
relates to gear-marking requirements
and gear restrictions. The text of
Framework Adjustment 48 did not
specify an alternative effective date for
revisions to § 648.84, and the intention
was to have those revisions become
effective with the remainder of the
amendments to part 648 on May 1,
2013.
This action corrects this inadvertent
error by staying § 648.83(a)(1) from June
10, 2013 to July 1, 2013, and making
§ 648.84(e) effective on June 10, 2013.
Classification
Pursuant to 5 U.S.C. 533(d), the
Assistant Administrator for Fisheries,
NOAA (AA), finds good cause to waive
the 30-day delay in effective date
because it is contrary to the public
interest to retain effective dates that
merely reflect a typographical error. The
correction to the effective date of the
revisions to § 648.84 needs to be
effective immediately in order to
properly implement the rule as
intended, and as described in the
preamble to the published final rule
(May 3, 2013, 78 FR 26118). A delay
would be contrary to the public’s
interest because it would leave in place
the improperly delayed July 1, 2013,
effective date for gear-marking
requirements and gear restrictions
(§ 648.84), and an incorrect May 1, 2013,
effective date for new reductions in the
multispecies minimum fish sizes
(§ 648.83). Therefore, pursuant to 5
U.S.C. 553(d), the AA finds good cause
to waive the 30-day delay in effective
date.
Authority: 16 U.S.C. 1801 et seq.
E:\FR\FM\10JNR1.SGM
10JNR1
34588
Federal Register / Vol. 78, No. 111 / Monday, June 10, 2013 / Rules and Regulations
Dated: May 30, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
Performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2013–13195 Filed 6–7–13; 8:45 am]
mstockstill on DSK4VPTVN1PROD with RULES
BILLING CODE 3510–22–P
VerDate Mar<15>2010
16:02 Jun 07, 2013
Jkt 229001
PO 00000
Frm 00044
Fmt 4700
Sfmt 9990
E:\FR\FM\10JNR1.SGM
10JNR1
]]>Agencies
[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Rules and Regulations]
[Pages 34587-34588]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13195]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120814336-3495-03]
RIN 0648-BC27
Magnuson-Stevens Act Provisions, Fisheries of the Northeastern
United States; Northeast (NE) Multispecies Fishery; Framework
Adjustment 48; Final Rule; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; stay and correction.
-----------------------------------------------------------------------
SUMMARY: This action corrects the ``Dates'' section in the interim
final rule for Northeast (NE) Multispecies Framework Adjustment 48,
published on May 3, 2013. It also stays a provision that inadvertently
was made effective on May 1, 2013.
DATES: Section 648.83(a)(1) is stayed effective from June 10, 2013 to
July 1, 2013. The effective date of the addition of Sec. 648.84(e)
published May 3, 2013 (78 FR 26158) is corrected to June 10, 2013.
FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Liz.Sullivan@noaa.gov,
phone: 978-282-8493, fax: 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
This action corrects the ``Dates'' section referenced in the final
rule for Framework Adjustment 48, published on May 3, 2013 (78 FR
26118). The Framework Adjustment 48 final rule states: ``DATES:
Effective May 1, 2013, except for the amendment to Sec. 648.84, which
is effective July 1, 2013.'' This is incorrect. The correct language
should have read: ``DATES: Effective May 1, 2013, except for the
amendment to Sec. 648.83, which is effective July 1, 2013.''
Framework Adjustment 48 reduced the NE multispecies minimum fish
sizes for several groundfish stocks. The regulations retaining to
minimum fish sizes are found in Sec. 648.83. Measure 13 of the final
rule implementing Framework Adjustment 48 explains the need to address
discrepancies between state and Federal minimum fish sizes, stating
that different fish sizes could complicate compliance and enforcement
of this measure. Because of this concern, NMFS intended to delay the
effective date of the measure to reduce minimum sizes until July 1,
2013, to allow state agencies additional time to consider and make
corresponding adjustments to their minimum sizes. However, the
``Dates'' section of the Framework Adjustment 48 final rule
inadvertently stated that measures in Sec. 648.84 were being delayed
instead. Section 648.84 relates to gear-marking requirements and gear
restrictions. The text of Framework Adjustment 48 did not specify an
alternative effective date for revisions to Sec. 648.84, and the
intention was to have those revisions become effective with the
remainder of the amendments to part 648 on May 1, 2013.
This action corrects this inadvertent error by staying Sec.
648.83(a)(1) from June 10, 2013 to July 1, 2013, and making Sec.
648.84(e) effective on June 10, 2013.
Classification
Pursuant to 5 U.S.C. 533(d), the Assistant Administrator for
Fisheries, NOAA (AA), finds good cause to waive the 30-day delay in
effective date because it is contrary to the public interest to retain
effective dates that merely reflect a typographical error. The
correction to the effective date of the revisions to Sec. 648.84 needs
to be effective immediately in order to properly implement the rule as
intended, and as described in the preamble to the published final rule
(May 3, 2013, 78 FR 26118). A delay would be contrary to the public's
interest because it would leave in place the improperly delayed July 1,
2013, effective date for gear-marking requirements and gear
restrictions (Sec. 648.84), and an incorrect May 1, 2013, effective
date for new reductions in the multispecies minimum fish sizes (Sec.
648.83). Therefore, pursuant to 5 U.S.C. 553(d), the AA finds good
cause to waive the 30-day delay in effective date.
Authority: 16 U.S.C. 1801 et seq.
[[Page 34588]]
Dated: May 30, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, Performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
[FR Doc. 2013-13195 Filed 6-7-13; 8:45 am]
BILLING CODE 3510-22-P
