Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Adjustment of Georges Bank and Southern New England/Mid-Atlantic Yellowtail Flounder Annual Catch Limits, 14986-14988 [2016-06306]
Download as PDF
<![CDATA[
14986
Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Rules and Regulations
Lhorne on DSK5TPTVN1PROD with RULES
new issues regarding quality of service
and the viability of future competition
in the VRS market. To the extent
relevant, the Commission may address
these comments when it completes
action on the broader VRS rulemaking
proposals.
12. In summary, the Commission
directs the TRS Fund administrator,
Rolka Loube, to compensate the smallest
VRS providers at a rate of $5.29 per
minute, applicable from July 1, 2015,
through October 31, 2016. More
specifically, from the effective date of
this Report and Order through October
31, 2016, the Commission directs the
administrator to pay compensation to
the smallest VRS providers at a rate of
$5.29 per minute. Second, the
Commission directs the administrator to
pay each of the smallest VRS providers
a one-time lump sum reflecting the
difference between the compensation
they would have received if they had
been paid at a rate of $5.29 per minute
and the compensation they actually
received at the lower applicable rates,
for all compensable calls completed
during the period between July 1, 2015,
and the effective date of document FCC
16–25. In addition, to avoid subjecting
the smallest VRS providers to a sudden
drop in compensation upon the
expiration of the 16-month period, the
Commission directs the administrator to
pay compensation to the smallest VRS
providers at a rate of $5.06 per minute
from November 1, 2016, through April
30, 2017, and at a rate of $4.82 per
minute from May 1, 2017, through June
30, 2017.
Final Regulatory Flexibility Act
Certification
13. As required by the Regulatory
Flexibility Act (RFA), the Commission
has prepared the Final Regulatory
Flexibility Certification (FRFC) as to the
policies and rules adopted in document
FCC 16–25. The Commission will send
a copy of document FCC 16–25,
including the FRFC, to the Chief
Counsel for Advocacy of the Small
Business Administration (SBA). (See 5
U.S.C. 603(a).)
14. After consideration of the
comments received in response to the
VRS Rate Freeze FNPRM, the
Commission modifies in part the fouryear compensation rate plan for video
relay service (VRS) adopted in the 2013
VRS Reform Order. Although the
Commission believes that the four-year
schedule of VRS compensation rate
reductions continues to be justified in
order to gradually move compensation
rates close to a level close to average
allowable provider costs, the
Commission modifies the schedule as
VerDate Sep<11>2014
15:24 Mar 18, 2016
Jkt 238001
applied to the smallest VRS providers,
i.e., those providing 500,000 or fewer
compensable minutes of use of VRS per
month. Spreading rate reductions over a
four-year period was largely intended to
provide a reasonable opportunity for the
smallest providers to reach minimum
efficient scale while benefitting from the
VRS Reform Order initiatives, which
were intended to address many of the
issues that have made it difficult for
small providers to operate efficiently.
15. The smallest providers have
achieved significant reductions in their
per-minute costs but have yet to
approach the size or efficiency levels of
their larger rivals. Further, some small
providers offer service features that may
be helpful in advancing the goal of
functionally equivalent service for
certain subsets of VRS consumers, such
as Spanish language speakers and deafowned businesses. Therefore, the
Commission adopts the temporary,
limited compensation rate ‘‘freeze’’
proposed in the VRS Rate Freeze
FNPRM. Specifically, from the effective
date of document FCC 16–25 through
October 31, 2016, the Commission
directs the TRS Fund administrator to
pay compensation to the three smallest
VRS providers at a rate of $5.29 per
minute. In addition, the Commission
directs the administrator to pay each of
the smallest VRS providers a one-time
lump sum reflecting the difference
between the compensation they would
have received if they had been paid at
a rate of $5.29 per minute and the
compensation they actually received at
the lower applicable rates, for all
compensable calls completed during the
period between July 1, 2015, and the
effective date of document FCC 16–25.
In addition, to avoid subjecting the
smallest VRS providers to a sudden
drop in compensation upon the
expiration of the 16-month period, the
Commission directs the administrator to
pay compensation to the smallest VRS
providers at a rate of $5.06 per minute
from November 1, 2016, through April
30, 2017, and at a rate of $4.82 per
minute from May 1, 2017, through June
30, 2017.
16. In document FCC 16–25, the
Commission adopts its proposal to
temporarily ‘‘freeze’’ the compensation
rates applicable to the smallest VRS
providers and determines, as it
concluded in the Initial Regulatory
Flexibility Analysis, that this measure
will not impose any additional
compliance requirements on small
businesses and would temporarily ease
the impact of existing VRS regulations
on small entities by temporarily
increasing the VRS compensation rate
for small entities above the rate
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
currently in effect. Therefore, the
Commission certifies that the rule
amendments in document FCC 16–25
will not have a significant economic
impact on a substantial number of small
entities.
Ordering Clause
Pursuant to the authority contained in
sections 4(i), 201(b), and 225 of the
Communications Act of 1934, as
amended, 47 U.S.C. 154(i), 201(b), 225,
document FCC 16–25 is adopted.
Federal Communications Commission.
Gloria J. Miles,
Federal Register Liaison Officer, Office of the
Secretary.
[FR Doc. 2016–06305 Filed 3–18–16; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 160202070–6070–01]
RIN 0648–XE427
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Adjustment of Georges Bank
and Southern New England/MidAtlantic Yellowtail Flounder Annual
Catch Limits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; adjustment of
annual catch limits.
AGENCY:
This action transfers unused
quota of Georges Bank and Southern
New England/Mid-Atlantic yellowtail
flounder from the Atlantic scallop
fishery to the Northeast multispecies
fishery for the remainder of the 2015
fishing year. This quota transfer is
justified when the scallop fishery is not
expected to catch the entire allocation of
either stock of yellowtail flounder. The
quota transfer is intended to provide
additional harvest opportunities for
groundfish vessels to help achieve the
optimum yield for these stocks while
ensuring sufficient amounts of
yellowtail flounder are available for the
scallop fishery.
DATES: Effective April 18, 2016, through
April 30, 2016.
FOR FURTHER INFORMATION CONTACT: Aja
Szumylo, Fishery Policy Analyst, 978–
281–9195.
SUPPLEMENTARY INFORMATION: NMFS is
required to estimate the total amount of
SUMMARY:
E:\FR\FM\21MRR1.SGM
21MRR1
Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Rules and Regulations
yellowtail flounder catch from the
scallop fishery by January 15 each year.
If the scallop fishery is expected to
catch less than 90 percent of its Georges
Bank (GB) or Southern New England/
Mid-Atlantic (SNE/MA) yellowtail
flounder sub-ACL, the Regional
Administrator (RA) has the authority to
reduce the scallop fishery sub-annual
catch limit (sub-ACL) for these stocks to
the amount projected to be caught, and
increase the groundfish fishery sub-ACL
for these stocks up to the amount
reduced from the scallop fishery. This
adjustment is intended to help achieve
optimum yield for these stocks, while
not threatening an overage of the ACLs
for the stocks by the groundfish and
scallop fisheries.
Based on the most current available
data, we project that the scallop fishery
will have unused quota in the 2015
fishing year. We expect that the scallop
fishery will catch up to 30 mt of GB
yellowtail flounder, or 79 percent of its
2015 fishing year sub-ACL, and up to 44
mt of SNE/MA yellowtail flounder, or
66 percent of its 2015 fishing year subACL. Because the scallop fishery is not
expected to catch its entire allocation of
GB and SNE/MA yellowtail flounder,
this rule reduces the scallop sub-ACL
for both stocks to the upper limit
projected to be caught, and increases the
groundfish sub-ACLs for these stocks by
the same amount, effective April 18,
2016, through April 30, 2016.
14987
This results in a transfer of 7.9 mt of
GB yellowtail flounder and 22.3 mt of
SNE/MA yellowtail flounder, from the
scallop fishery to the groundfish fishery.
Table 1 summarizes the revisions to the
2015 fishing year sub-ACLs, and Table
2 shows the revised allocations for the
groundfish fishery as allocated between
the sectors and common pool based on
final sector membership for fishing year
2015. This transfer is based on the
upper limit of expected yellowtail
flounder catch by the scallop fishery,
which is expected to minimize any risk
of an ACL overage by the scallop fishery
while still providing additional fishing
opportunities for groundfish vessels.
TABLE 1—GEORGES BANK AND SOUTHERN NEW ENGLAND/MID-ATLANTIC YELLOWTAIL FLOUNDER SUB-ACLS
[In metric tons]
Initial
sub-ACL
(mt)
Stock
Fishery
GB Yellowtail Flounder .....................................................
Groundfish ........
Scallop ..............
Groundfish ........
Scallop ..............
SNE/MA Yellowtail Flounder .............................................
195
38.0
557
66.0
Change
(mt)
+7.9
¥7.9
+22.3
¥22.3
Revised
sub-ACL
(mt)
202.9
30.1
579.3
43.7
Percent
change
+4
¥21
+4
¥34
TABLE 2—ALLOCATIONS FOR SECTORS AND THE COMMON POOL
[In pounds]
Stock
GB yellowtail flounder
Sector name
Original
Fixed Gear Sector ...........................................................................................
Maine Coast Community Sector ......................................................................
Maine Permit Bank ..........................................................................................
Northeast Coast Communities Sector .............................................................
Northeast Fishery Sector I ...............................................................................
Northeast Fishery Sector II ..............................................................................
Northeast Fishery Sector III .............................................................................
Northeast Fishery Sector IV ............................................................................
Northeast Fishery Sector V .............................................................................
Northeast Fishery Sector VI ............................................................................
Northeast Fishery Sector VII ...........................................................................
Northeast Fishery Sector VIII ..........................................................................
Northeast Fishery Sector IX ............................................................................
Northeast Fishery Sector X .............................................................................
Northeast Fishery Sector XI ............................................................................
Northeast Fishery Sector XIII ..........................................................................
New Hampshire Permit Bank ..........................................................................
Sustainable Harvest Sector 1 ..........................................................................
Sustainable Harvest Sector 3 ..........................................................................
All Sectors Combined ......................................................................................
Common Pool ..................................................................................................
Lhorne on DSK5TPTVN1PROD with RULES
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
NMFS Assistant Administrator has
determined that the management
measures implemented in this final rule
are necessary for the conservation and
VerDate Sep<11>2014
15:24 Mar 18, 2016
Jkt 238001
60
15
59
3,594
0
8,197
197
9,296
5,420
11,622
44,912
41,896
115,114
7
7
106,377
0
3,974
70,954
421,701
8,200
management of the Northeast
multispecies fishery and consistent with
the Magnuson-Stevens Act, and other
applicable law.
This action is authorized by 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
The NMFS Assistant Administrator
finds good cause pursuant to 5 U.S.C.
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
SNE/MA yellowtail flounder
Revised
63
16
62
3,739
0
8,529
205
9,672
5,639
12,093
46,732
43,593
119,778
7
7
110,687
0
4,135
73,828
438,785
8,533
Original
4,537
8,095
390
8,826
0
17,162
5,014
28,813
253,651
64,600
53,151
66,703
96,962
6,724
240
228,053
0
5,343
127,312
975,574
252,401
Revised
4,719
8,419
405
9,179
0
17,849
5,214
29,966
263,807
67,186
55,279
69,374
100,844
6,993
249
237,183
0
5,557
132,409
1,014,632
262,506
553(b)(B) to waive prior notice and the
opportunity for public comment for this
in season sub-ACL adjustment because
notice and comment would be
impracticable and contrary to the public
interest. Because NMFS is required to
project GB and SNE/MA yellowtail
flounder catch in the scallop fishery on
or around January 15 of each year, there
E:\FR\FM\21MRR1.SGM
21MRR1
14988
Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Rules and Regulations
is insufficient time to allow for prior
public notice and comment for the
transfer of quota for these yellowtail
flounder stocks from the scallop fishery
to the groundfish fishery. The NE
multispecies fishing year ends on April
30, 2016. If NMFS allowed for the time
necessary to provide for prior notice and
comment, it would be unlikely that the
transfer would occur in time to allow
groundfish vessels to harvest the
additional quota of these stocks before
the end of the fishing year. As a result,
groundfish fishermen would be
prevented from offsetting their current
negative economic circumstances due to
the severe decreases in ACLs of several
important groundfish stocks, thus
undermining the intent of the rule.
Giving effect to this rule as soon as
possible will help relieve fishermen
from more restrictive ACLs for the
yellowtail stocks and help achieve
optimum yield in the fishery. For these
same reasons, the NMFS Assistant
Administrator also finds good cause
pursuant to 5 U.S.C. 553(d)(3) to waive
the 30-day delay in effectiveness for this
action for these same reasons. Further,
there is no need to allow the industry
additional time to adjust to this rule
because it does not require any
compliance or other action on the part
of individual scallop or groundfish
fishermen.
Because notice and opportunity for
comment are not required pursuant to 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. Therefore, a
regulatory flexibility analysis is not
required and one has not been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 15, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016–06306 Filed 3–18–16; 8:45 am]
Lhorne on DSK5TPTVN1PROD with RULES
BILLING CODE 3510–22–P
VerDate Sep<11>2014
15:24 Mar 18, 2016
Jkt 238001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 140918791–4999–02]
RIN 0648–XE516
Fisheries of the Economic Exclusive
Zone Off Alaska; Deep-Water Species
Fishery by Vessels Using Trawl Gear in
the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for species that comprise the
deep-water species fishery by vessels
using trawl gear in the Gulf of Alaska
(GOA). This action is necessary because
the first seasonal apportionment of the
Pacific halibut bycatch allowance
specified for the deep-water species
fishery in the GOA has been reached.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), March 16, 2016,
through 1200 hours, A.l.t., April 1,
2016.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Josh
Keaton, 907–586–7228.
NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The first seasonal apportionment of
the Pacific halibut bycatch allowance
specified for the deep-water species
fishery in the GOA is 85 metric tons as
established by the final 2015 and 2016
harvest specifications for groundfish of
the GOA (80 FR 10250, February 25,
2015), for the period 1200 hours, A.l.t.,
January 20, 2016, through 1200 hours,
A.l.t., April 1, 2016.
In accordance with § 679.21(d)(6)(i),
the Administrator, Alaska Region,
NMFS, has determined that the first
seasonal apportionment of the Pacific
halibut bycatch allowance specified for
the trawl deep-water species fishery in
the GOA has been reached.
Consequently, NMFS is prohibiting
directed fishing for the deep-water
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00042
Fmt 4700
Sfmt 9990
species fishery by vessels using trawl
gear in the GOA. The species and
species groups that comprise the deepwater species fishery include sablefish,
rockfish, deep-water flatfish, rex sole,
and arrowtooth flounder.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of the deep-water
species fishery by vessels using trawl
gear in the GOA. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of March 14, 2016.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
This action is required by § 679.21
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 16, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2016–06295 Filed 3–16–16; 4:15 pm]
BILLING CODE 3510–22–P
E:\FR\FM\21MRR1.SGM
21MRR1
]]>Agencies
[Federal Register Volume 81, Number 54 (Monday, March 21, 2016)]
[Rules and Regulations]
[Pages 14986-14988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06306]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 160202070-6070-01]
RIN 0648-XE427
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Adjustment of Georges Bank and Southern New
England/Mid-Atlantic Yellowtail Flounder Annual Catch Limits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; adjustment of annual catch limits.
-----------------------------------------------------------------------
SUMMARY: This action transfers unused quota of Georges Bank and
Southern New England/Mid-Atlantic yellowtail flounder from the Atlantic
scallop fishery to the Northeast multispecies fishery for the remainder
of the 2015 fishing year. This quota transfer is justified when the
scallop fishery is not expected to catch the entire allocation of
either stock of yellowtail flounder. The quota transfer is intended to
provide additional harvest opportunities for groundfish vessels to help
achieve the optimum yield for these stocks while ensuring sufficient
amounts of yellowtail flounder are available for the scallop fishery.
DATES: Effective April 18, 2016, through April 30, 2016.
FOR FURTHER INFORMATION CONTACT: Aja Szumylo, Fishery Policy Analyst,
978-281-9195.
SUPPLEMENTARY INFORMATION: NMFS is required to estimate the total
amount of
[[Page 14987]]
yellowtail flounder catch from the scallop fishery by January 15 each
year. If the scallop fishery is expected to catch less than 90 percent
of its Georges Bank (GB) or Southern New England/Mid-Atlantic (SNE/MA)
yellowtail flounder sub-ACL, the Regional Administrator (RA) has the
authority to reduce the scallop fishery sub-annual catch limit (sub-
ACL) for these stocks to the amount projected to be caught, and
increase the groundfish fishery sub-ACL for these stocks up to the
amount reduced from the scallop fishery. This adjustment is intended to
help achieve optimum yield for these stocks, while not threatening an
overage of the ACLs for the stocks by the groundfish and scallop
fisheries.
Based on the most current available data, we project that the
scallop fishery will have unused quota in the 2015 fishing year. We
expect that the scallop fishery will catch up to 30 mt of GB yellowtail
flounder, or 79 percent of its 2015 fishing year sub-ACL, and up to 44
mt of SNE/MA yellowtail flounder, or 66 percent of its 2015 fishing
year sub-ACL. Because the scallop fishery is not expected to catch its
entire allocation of GB and SNE/MA yellowtail flounder, this rule
reduces the scallop sub-ACL for both stocks to the upper limit
projected to be caught, and increases the groundfish sub-ACLs for these
stocks by the same amount, effective April 18, 2016, through April 30,
2016.
This results in a transfer of 7.9 mt of GB yellowtail flounder and
22.3 mt of SNE/MA yellowtail flounder, from the scallop fishery to the
groundfish fishery. Table 1 summarizes the revisions to the 2015
fishing year sub-ACLs, and Table 2 shows the revised allocations for
the groundfish fishery as allocated between the sectors and common pool
based on final sector membership for fishing year 2015. This transfer
is based on the upper limit of expected yellowtail flounder catch by
the scallop fishery, which is expected to minimize any risk of an ACL
overage by the scallop fishery while still providing additional fishing
opportunities for groundfish vessels.
Table 1--Georges Bank and Southern New England/Mid-Atlantic Yellowtail Flounder Sub-ACLs
[In metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial sub- Revised sub-
Stock Fishery ACL (mt) Change (mt) ACL (mt) Percent change
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Yellowtail Flounder......................... Groundfish............................. 195 +7.9 202.9 +4
Scallop................................ 38.0 -7.9 30.1 -21
SNE/MA Yellowtail Flounder..................... Groundfish............................. 557 +22.3 579.3 +4
Scallop................................ 66.0 -22.3 43.7 -34
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--Allocations for Sectors and the Common Pool
[In pounds]
----------------------------------------------------------------------------------------------------------------
Stock GB yellowtail flounder SNE/MA yellowtail flounder
----------------------------------------------------------------------------------------------------------------
Sector name Original Revised Original Revised
----------------------------------------------------------------------------------------------------------------
Fixed Gear Sector............................... 60 63 4,537 4,719
Maine Coast Community Sector.................... 15 16 8,095 8,419
Maine Permit Bank............................... 59 62 390 405
Northeast Coast Communities Sector.............. 3,594 3,739 8,826 9,179
Northeast Fishery Sector I...................... 0 0 0 0
Northeast Fishery Sector II..................... 8,197 8,529 17,162 17,849
Northeast Fishery Sector III.................... 197 205 5,014 5,214
Northeast Fishery Sector IV..................... 9,296 9,672 28,813 29,966
Northeast Fishery Sector V...................... 5,420 5,639 253,651 263,807
Northeast Fishery Sector VI..................... 11,622 12,093 64,600 67,186
Northeast Fishery Sector VII.................... 44,912 46,732 53,151 55,279
Northeast Fishery Sector VIII................... 41,896 43,593 66,703 69,374
Northeast Fishery Sector IX..................... 115,114 119,778 96,962 100,844
Northeast Fishery Sector X...................... 7 7 6,724 6,993
Northeast Fishery Sector XI..................... 7 7 240 249
Northeast Fishery Sector XIII................... 106,377 110,687 228,053 237,183
New Hampshire Permit Bank....................... 0 0 0 0
Sustainable Harvest Sector 1.................... 3,974 4,135 5,343 5,557
Sustainable Harvest Sector 3.................... 70,954 73,828 127,312 132,409
All Sectors Combined............................ 421,701 438,785 975,574 1,014,632
Common Pool..................................... 8,200 8,533 252,401 262,506
----------------------------------------------------------------------------------------------------------------
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act, the NMFS Assistant Administrator has
determined that the management measures implemented in this final rule
are necessary for the conservation and management of the Northeast
multispecies fishery and consistent with the Magnuson-Stevens Act, and
other applicable law.
This action is authorized by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
The NMFS Assistant Administrator finds good cause pursuant to 5
U.S.C. 553(b)(B) to waive prior notice and the opportunity for public
comment for this in season sub-ACL adjustment because notice and
comment would be impracticable and contrary to the public interest.
Because NMFS is required to project GB and SNE/MA yellowtail flounder
catch in the scallop fishery on or around January 15 of each year,
there
[[Page 14988]]
is insufficient time to allow for prior public notice and comment for
the transfer of quota for these yellowtail flounder stocks from the
scallop fishery to the groundfish fishery. The NE multispecies fishing
year ends on April 30, 2016. If NMFS allowed for the time necessary to
provide for prior notice and comment, it would be unlikely that the
transfer would occur in time to allow groundfish vessels to harvest the
additional quota of these stocks before the end of the fishing year. As
a result, groundfish fishermen would be prevented from offsetting their
current negative economic circumstances due to the severe decreases in
ACLs of several important groundfish stocks, thus undermining the
intent of the rule. Giving effect to this rule as soon as possible will
help relieve fishermen from more restrictive ACLs for the yellowtail
stocks and help achieve optimum yield in the fishery. For these same
reasons, the NMFS Assistant Administrator also finds good cause
pursuant to 5 U.S.C. 553(d)(3) to waive the 30-day delay in
effectiveness for this action for these same reasons. Further, there is
no need to allow the industry additional time to adjust to this rule
because it does not require any compliance or other action on the part
of individual scallop or groundfish fishermen.
Because notice and opportunity for comment are not required
pursuant to 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. Therefore, a regulatory flexibility analysis is not
required and one has not been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 15, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016-06306 Filed 3-18-16; 8:45 am]
BILLING CODE 3510-22-P
