Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Amendment 18, 19630 [C1-2017-08035]
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Federal Register / Vol. 82, No. 81 / Friday, April 28, 2017 / Rules and Regulations
The AA finds that prior notice and the
opportunity for public comment would
be contrary to the public interest,
consistent with 5 U.S.C. 553(b)(B). The
purpose of this action is to allocate
quotas to sectors and to authorize
vessels to fish under the sector
operations plans during the 2017 fishing
year. The sector operations plans must
be approved before sector vessels can
fish in the sector fishery. In 2015,
Framework Adjustment 55 to the NE
Multispecies FMP set 2017 annual catch
limits for groundfish stocks. However,
in January 2017 the New England
Fishery Management Council approved
Framework Adjustment 56 to the FMP
which would change the annual catch
limits for 2017 for some stocks (some
stocks would increase and others would
decrease). To avoid public confusion
and a mid-year change in allocations,
we initially developed this rule to
complement the Framework 56
rulemaking process. Typically, the
framework rulemaking and related
sector operations rule are completed in
time for the start of the fishing year on
May 1. However, the Council did not
formally submit Framework 56 to us
until April 13, 2017, which prohibited
us from coordinating the publication of
the two actions. Due to the late
submission of Framework 56, this rule
instead makes allocations based on the
quota previously set by Framework 55.
This rule could not be revised, as
necessary, in time to provide prior
notice and comment and still be
effective for the start of the 2017 fishing
year on May 1, 2017.
Delaying the effective date of this
action past the beginning of the fishing
year on May 1 would cause a major
disruption in sector member fishing
plans and impose substantial
opportunity costs through lost fishing
opportunities. Sectors include 838
permits and 99 percent of fishing
activity. Thus, any delay past the
beginning of the fishing year would
effectively shut down nearly the entire
groundfish fishery during that delay.
This delay may also require sector
members to reconsider their decision
and plans to fish in the sector rather
than the common pool. Shutting down
the fishery and disrupting business
plans is contrary to this rule’s intended
purpose of providing operational
flexibility and maximum opportunity
for catching up to the fishery’s allocated
amounts. Further, these allocated
amounts are gauged to achieve
Optimum Yield and producing the
greatest benefit to the nation as required
by the Magnuson-Stevens Fishery
Conservation and Management Act. A
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delay in the beginning of the fishery
would be contrary to this statutory
requirement and FMP goal. The
economic loss from this lost opportunity
and disruption would further exacerbate
the severe economic impacts
experienced by the groundfish fishery
that have resulted from the substantial
catch limit reductions for many key
groundfish stocks over the past 5 years.
For these reasons, delaying the effective
date of this action to provide prior
opportunity for public comment is
contrary to the public interest. The AA
finds that there is adequate justification
under 5. U.S.C. 553(d)(1) to waive the
30-day delay in effective date because
this rule relieves several restrictions.
This action allocates quotas and
approves sector operations plans for
fishing year 2017. A delay in
effectiveness would not be in the public
interest because this rule does not
impose any new requirements or costs
on industry for which industry needs
time to prepare to comply. Further, if
the effectiveness of this action is
delayed beyond the May 1, 2017, start
of the fishing year, the 838 permits
enrolled to fish in a sector in 2017
would either need to cease fishing on
May 1, until this rule became effective,
or forego fishing as part of a sector,
including the associated regulatory
exemptions, for the entirety of the
fishing year and instead fish under the
effort control regulations of the common
pool. For example, vessels fishing in the
common pool would be subject to effort
controls that do not apply to vessels
fishing under an approved sector
operations plan. Common pool vessels
will have their catch limited each trip,
will be further limited in the number of
days they could fish, and will be subject
to several seasonal closures that sector
vessels will be exempted from.
Additionally, there is good cause
under 5 U.S.C. 553(d)(3), to waive the
30-day delay in effectiveness so that the
purpose of this rule is not undermined.
As stated above, the purpose of this
action is to allocate quotas to sectors
and to authorize vessels to fish under
the sector operations plans during the
2017 fishing year. If the effectiveness of
this action is delayed beyond the May
1, 2017, start of the fishing year, the 838
permits enrolled to fish in a sector in
2017 would either need to cease fishing
on May 1 until this rule became
effective, or forego fishing as part of a
sector, including the associated
regulatory exemptions, for the entirety
of the fishing year and instead fish
under the effort control regulations of
the common pool. Preventing vessels
from fishing under the provisions of an
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approved operations plan either for the
whole year, or a portion of the year,
would severely disrupt the sector
fishery and have direct negative
economic effects on the affected vessels.
This interim 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.
This interim final rule is exempt from
the procedures of the Regulatory
Flexibility Act because the rule is issued
without opportunity for prior notice and
opportunity for public comment.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 25, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2017–08617 Filed 4–27–17; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 150630567–7360–02]
RIN 0648–BF26
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Groundfish Fishery; Amendment 18
Correction
In rule document 2017–8035
beginning on page 18706 in the issue of
Friday, April 21, 2017, make the
following correction:
On page 18713, in the first column, in
the second paragraph, the first sentence
should read ‘‘This final rule contains a
collection-of-information requirement
subject to the Paperwork Reduction Act
(PRA) and which has been approved by
OMB under control number 0648–
0752.’’.
[FR Doc. C1–2017–08035 Filed 4–27–17; 8:45 am]
BILLING CODE 1301–00–D
E:\FR\FM\28APR1.SGM
28APR1
]]>Agencies
[Federal Register Volume 82, Number 81 (Friday, April 28, 2017)]
[Rules and Regulations]
[Page 19630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: C1-2017-08035]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 150630567-7360-02]
RIN 0648-BF26
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Groundfish Fishery; Amendment 18
Correction
In rule document 2017-8035 beginning on page 18706 in the issue of
Friday, April 21, 2017, make the following correction:
On page 18713, in the first column, in the second paragraph, the
first sentence should read ``This final rule contains a collection-of-
information requirement subject to the Paperwork Reduction Act (PRA)
and which has been approved by OMB under control number 0648-0752.''.
[FR Doc. C1-2017-08035 Filed 4-27-17; 8:45 am]
BILLING CODE 1301-00-D
