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 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]


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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