81 FR 84505 - Revisions to Framework Adjustment 55 to the Northeast Multispecies Fishery Management Plan
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 226 (November 23, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 226 (November 23, 2016)
| Page Range | 84505-84505 | |
| FR Document | 2016-28175 |
[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)] [Rules and Regulations] [Page 84505] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28175] [[Page 84505]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 160929900-6900-01] RIN 0648-XE927 Revisions to Framework Adjustment 55 to the Northeast Multispecies Fishery Management Plan AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; adjustment to specifications. ----------------------------------------------------------------------- SUMMARY: We are reducing the 2016 fishing year Georges Bank haddock catch cap for the herring midwater trawl fishery. The reduction in the 2016 midwater trawl catch cap is necessary to account for an overage that occurred in fishing year 2015. This reduction is formulaic and is required as an accountability measure to help mitigate the 2015 overage. DATES: Effective November 23, 2016, through April 30, 2017. FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Management Specialist, (978) 282-8493. SUPPLEMENTARY INFORMATION: Framework Adjustment 55 to the Northeast (NE) Multispecies Fishery Management Plan (FMP) (May 2, 2016, 81 FR 26412) set annual catch limits for groundfish stocks for the 2016 fishing year, including allocations for the groundfish fishery and other fisheries with incidental catch of groundfish. The midwater trawl herring fishery is allocated 1 percent of the U.S. acceptable biological catch of Gulf of Maine (GOM) and Georges Bank (GB) haddock. If the herring midwater trawl fishery exceeds its GOM or GB haddock catch cap, we are required to reduce the respective catch cap by the amount of the overage in the following fishing year. In fishing year 2015, the midwater trawl fishery exceeded its GB haddock catch cap by 8.54 mt. Therefore, this rule reduces the fishing year 2016 GB haddock catch cap by 8.54 mt to account for this overage. Table 1 provides the midwater trawl adjustment for GB haddock that this rule implements. Table 1--Fishing Year 2016 Midwater Trawl Overage Adjustment (mt) ---------------------------------------------------------------------------------------------------------------- Initial 2016 Adjusted 2016 Stock 2015 Overage midwater trawl midwater trawl fishery catch cap fishery catch cap ---------------------------------------------------------------------------------------------------------------- GB haddock............................................... 8.54 521 512.46 ---------------------------------------------------------------------------------------------------------------- Classification The NMFS Assistant Administrator has determined that this final rule is consistent with the FMP, other provisions of the Magnuson- Stevens Fishery Conservation and Management Act, and other applicable law. This action is exempt from the procedures of E.O. 12866 because this action contains no implementing regulations. Pursuant to 5 U.S.C. 553(b)(3)(B), we find good cause to waive prior public notice and opportunity for public comment on the catch cap adjustment because allowing time for notice and comment is impracticable, unnecessary, and contrary to the public interest. We also find good cause to waive the 30-day delay in effectiveness pursuant to 5 U.S.C. 553(d)(3), so that this final rule may become effective upon publication. Prior notice and comment are impracticable and contrary to the public interest, because this is a non-discretionary action required by provisions of Framework 46 to the NE Multispecies FMP, which was subject to public comment. The proposed rule to implement Framework 46 requested public comment on these measures, including the specific accountability measure implemented by this rule, with the understanding that a catch cap adjustment would be required if an overage occurred. As a result, the public and industry are expecting this adjustment. Final 2015 catch data only recently became available in September 2016. This information allows us to determine the amount of an overage, if any, and it was not possible to finalize this information sooner. If this rule is not effective immediately, the midwater trawl fishery will be operating under an incorrect 2016 catch cap for GB haddock. This could increase the likelihood of a subsequent overage and uncertainty on when to trigger an inseason accountability measure, which in turn could cause confusion and negative economic impacts to the midwater trawl fishery. Therefore, it is important to implement the reduced catch limit as soon as possible. For these reasons, we are waiving the public comment period and delay in effectiveness for this rule, pursuant to 5 U.S.C. 553(b)(3)(B) and (d), respectively. A final regulatory flexibility analysis (FRFA) was previously prepared as part of the regulatory impact review of Framework 55. This minor adjustment does not change the conclusions drawn from that FRFA. The FRFA is contained in the Framework 55 final rule. Each item in section 604(a)(1) through (5) of the Regulatory Flexibility Act (5 U.S.C. 604(a)(1) through (5)) was addressed in the Classification section of the Framework 55 final rule. Authority: 16 U.S.C. 1801 et seq. Dated: November 17, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2016-28175 Filed 11-22-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations 84505
DEPARTMENT OF COMMERCE catch cap for the herring midwater trawl with incidental catch of groundfish. The
fishery. The reduction in the 2016 midwater trawl herring fishery is
National Oceanic and Atmospheric midwater trawl catch cap is necessary to allocated 1 percent of the U.S.
Administration account for an overage that occurred in acceptable biological catch of Gulf of
fishing year 2015. This reduction is Maine (GOM) and Georges Bank (GB)
50 CFR Part 648 formulaic and is required as an haddock. If the herring midwater trawl
[Docket No. 160929900–6900–01] accountability measure to help mitigate fishery exceeds its GOM or GB haddock
the 2015 overage. catch cap, we are required to reduce the
RIN 0648–XE927
DATES: Effective November 23, 2016, respective catch cap by the amount of
Revisions to Framework Adjustment through April 30, 2017. the overage in the following fishing
55 to the Northeast Multispecies FOR FURTHER INFORMATION CONTACT: Liz year.
Fishery Management Plan Sullivan, Fishery Management In fishing year 2015, the midwater
Specialist, (978) 282–8493. trawl fishery exceeded its GB haddock
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: catch cap by 8.54 mt. Therefore, this
Atmospheric Administration (NOAA), Framework Adjustment 55 to the rule reduces the fishing year 2016 GB
Commerce. Northeast (NE) Multispecies Fishery haddock catch cap by 8.54 mt to
ACTION: Final rule; adjustment to Management Plan (FMP) (May 2, 2016, account for this overage. Table 1
specifications. 81 FR 26412) set annual catch limits for provides the midwater trawl adjustment
groundfish stocks for the 2016 fishing for GB haddock that this rule
SUMMARY: We are reducing the 2016 year, including allocations for the implements.
fishing year Georges Bank haddock groundfish fishery and other fisheries
TABLE 1—FISHING YEAR 2016 MIDWATER TRAWL OVERAGE ADJUSTMENT (mt)
Initial 2016 Adjusted 2016
midwater midwater
Stock 2015 Overage trawl fishery trawl fishery
catch cap catch cap
GB haddock ......................................................................................................................... 8.54 521 512.46
Classification Multispecies FMP, which was subject to important to implement the reduced
The NMFS Assistant Administrator public comment. The proposed rule to catch limit as soon as possible. For these
has determined that this final rule is implement Framework 46 requested reasons, we are waiving the public
consistent with the FMP, other public comment on these measures, comment period and delay in
provisions of the Magnuson-Stevens including the specific accountability effectiveness for this rule, pursuant to 5
Fishery Conservation and Management measure implemented by this rule, with U.S.C. 553(b)(3)(B) and (d), respectively.
Act, and other applicable law. the understanding that a catch cap A final regulatory flexibility analysis
This action is exempt from the adjustment would be required if an (FRFA) was previously prepared as part
procedures of E.O. 12866 because this overage occurred. As a result, the public of the regulatory impact review of
action contains no implementing and industry are expecting this Framework 55. This minor adjustment
regulations. adjustment. does not change the conclusions drawn
Pursuant to 5 U.S.C. 553(b)(3)(B), we Final 2015 catch data only recently from that FRFA. The FRFA is contained
find good cause to waive prior public became available in September 2016. in the Framework 55 final rule.
notice and opportunity for public This information allows us to determine Each item in section 604(a)(1) through
comment on the catch cap adjustment the amount of an overage, if any, and it (5) of the Regulatory Flexibility Act (5
because allowing time for notice and was not possible to finalize this U.S.C. 604(a)(1) through (5)) was
comment is impracticable, unnecessary, information sooner. If this rule is not addressed in the Classification section
and contrary to the public interest. We effective immediately, the midwater of the Framework 55 final rule.
also find good cause to waive the 30-day trawl fishery will be operating under an Authority: 16 U.S.C. 1801 et seq.
delay in effectiveness pursuant to 5 incorrect 2016 catch cap for GB
haddock. This could increase the Dated: November 17, 2016.
U.S.C. 553(d)(3), so that this final rule Samuel D. Rauch III,
may become effective upon publication. likelihood of a subsequent overage and
uncertainty on when to trigger an Deputy Assistant Administrator for
Prior notice and comment are Regulatory Programs, National Marine
impracticable and contrary to the public inseason accountability measure, which
in turn could cause confusion and Fisheries Service.
interest, because this is a non- [FR Doc. 2016–28175 Filed 11–22–16; 8:45 am]
discretionary action required by negative economic impacts to the
provisions of Framework 46 to the NE midwater trawl fishery. Therefore, it is BILLING CODE 3510–22–P
mstockstill on DSK3G9T082PROD with RULES
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Document Created: 2016-11-23 05:30:39
Document Modified: 2016-11-23 05:30:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; adjustment to specifications. | |
| Dates | Effective November 23, 2016, through April 30, 2017. | |
| Contact | Liz Sullivan, Fishery Management Specialist, (978) 282-8493. | |
| FR Citation | 81 FR 84505 | |
| RIN Number | 0648-XE92 |
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