83 FR 28545 - Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustments to 2018 Management Area Annual Catch Limits; Correction
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 119 (June 20, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 119 (June 20, 2018)
| Page Range | 28545-28546 | |
| FR Document | 2018-13250 |
[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)] [Rules and Regulations] [Pages 28545-28546] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-13250] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No.: 171213999-8128-01] RIN 0648-XF898 Fisheries of the Northeastern United States; Atlantic Herring Fishery; Adjustments to 2018 Management Area Annual Catch Limits; Correction AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Temporary final rule; adjustment to annual catch limits; correction. ----------------------------------------------------------------------- SUMMARY: The final rule adjusting the 2018 management area annual catch limits for the herring fishery published in the Federal Register on February 15, 2018. That rule contained several errors and this document corrects those errors. This action is necessary to ensure that correct 2018 herring fishery annual catch limits are available to the public. DATES: Effective June 20, 2018, through December 31, 2018. ADDRESSES: Copies of supporting documents, including the 2013-2015 Specifications/Framework Adjustment 2 [[Page 28546]] and the 2016-2018 Specifications to the Atlantic Herring Fishery Management Plan (FMP), are available from the Sustainable Fisheries Division, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930, telephone (978) 281-9315, or online at: https://www.nefmc.org/library/framework-2-2 or http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/atlherring/index.html. FOR FURTHER INFORMATION CONTACT: Alyson Pitts, Fishery Management Specialist, 978-281-9352. SUPPLEMENTARY INFORMATION: Need for Correction A final rule adjusting the 2018 annual catch limits (ACL) in the Atlantic herring fishery was effective upon publication in the Federal Register (83 FR 6797) on February 15, 2018. However, the adjusted 2018 ACLs using the preliminary 2016 adjusted ACLs did not take into account the new 2016-2018 specifications that were published in the Federal Register (81 FR 75731) on November 1, 2016, and effective on December 1, 2016. Additionally, the adjusted 2018 ACLs did not account for the reallocation of a portion of the management uncertainty buffer between the acceptable biological catch and the stockwide ACL due to lower than expected harvest (less than 4,000 mt) in the New Brunswick weir fishery. This document corrects the 2018 ACLs for the Atlantic herring management areas. The adjustments result in a slightly higher ACL for Area 1A, no change for Area 2, and a slight reduction in Areas 1B, 3, and stockwide. Correction Accordingly, in the rule NMFS published on February 15, 2018 (83 FR 6797), on page 6798, Table 2 is corrected to read as follows: Table 2--Herring Sub-ACLs, Catch, and Carryover [mt] -------------------------------------------------------------------------------------------------------------------------------------------------------- 2018 sub-ACLs Corrected 2016 underages/ Carryover ** (minus Corrected adjusted 2018 sub-ACLs adjusted 2016 2016 catch overages (up to 10 research set- (resulting change) sub-ACLs * percent) aside) -------------------------------------------------------------------------------------------------------------------------------------------------------- Area 1A.............................. 30,524 27,831 2,693 2,693 29,391 32,084 (+122). Area 1B.............................. 2,844 3,657 -813 NA 4,365 3,552 (-97). Area 2............................... 31,227 13,463 17,764 2,910 28,227 31,137 (N/A). Area 3............................... 42,765 18,631 24,134 4,090 39,673 43,763 (-90). Stockwide............................ 101,135 63,581 NA NA 101,656 100,843 (-126). *** -------------------------------------------------------------------------------------------------------------------------------------------------------- * Includes the reallocation of the management uncertainty buffer (1,000 mt) to Area 1A sub-ACL and Stockwide ACL due to lower than expected catch in the New Brunswick weir fishery. ** Maximum carryover is based on up to 10 percent of the 2016 sub-ACLs: Area 1A = 30,300 mt; Area 1B = 4,500 mt; Area 2 = 29,100 mt; and Area 3 = 40,900 mt. *** The stockwide ACL cannot be increased by carryover. The 2018 adjusted stockwide ACL is decreased by the Area 1B overage. Classification The NMFS Assistant Administrator has determined that this final rule is consistent with the FMP, other provisions of the MSA, and other applicable law. Pursuant to 5 U.S.C. 553(b)(3)(B), there is good cause to waive prior notice and an opportunity for public comment on this action because it would be contrary to the public interest. Allowing for prior notice and public comment on this adjustment is also impracticable because regulations require notification of catch allocations and adjustments as close as possible to the start of the herring fishing year on January 1, 2018. This is a correction to the Adjustments to 2018 Management Area Annual Catch Limits in the Atlantic Herring Fishery final rule that was published in the Federal Register on February 15, 2018. We recently identified the correct information to adjust 2016 sub-ACL determinations. To provide accurate information for harvesting, it is in the best interest of the fleet and the herring resource to correct the adjusted 2018 sub-ACLs as soon as possible. In addition, the change helps fulfill regulatory requirements, is formulaic, and involves no exercise of discretion or policymaking. Putting the corrected adjusted sub-ACLs in place as soon as possible provides the earliest opportunity for the fleet to adjust their business plans to facilitate their full harvest of available catch in the open areas. For the same reasons, pursuant to 5 U.S.C. 553(d), NMFS finds good cause for this correction to be effective on the date of publication. This final rule is exempt from review under Executive Order 12866. This final rule does not contain a collection-of-information requirement for purposes of the Paperwork Reduction Act. Because prior notice and opportunity for public comment are not required for this rule by 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. Authority: 16 U.S.C. 1801 et seq. Dated: June 15, 2018. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018-13250 Filed 6-19-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Rules and Regulations 28545
enforce its requirements. See section Dated: June 8, 2018. Subpart B—Alabama
307(b)(2). Onis ‘‘Trey’’ Glenn, III,
List of Subjects Regional Administrator, Region 4. ■ 2. Section 52.50(e), is amended by
adding an entry for ‘‘2008 Lead
40 CFR Part 52 40 CFR parts 52 and 81 are amended Maintenance Plan for the Troy Area’’ at
Environmental protection, Air as follows:
the end of the table to read as follows:
pollution control, Incorporation by PART 52—APPROVAL AND
reference, Intergovernmental relations, § 52.50 Identification of plan.
PROMULGATION OF
Lead, Reporting and recordkeeping IMPLEMENTATION PLANS * * * * *
requirements. (e) * * *
40 CFR Part 81 ■ 1. The authority citation for part 52
Environmental protection, Air continues to read as follows:
pollution control. Authority: 42.U.S.C. 7401 et seq.
EPA APPROVED ALABAMA NON-REGULATORY PROVISIONS
Applicable
Name of State submittal
geographic or EPA approval
nonregulatory date/effective Explanation
nonattainment date
SIP provision date
area
* * * * * * *
2008 Lead Maintenance Plan for the Troy Area .................................... Troy Area ......... 1/3/2018 ........... 6/20/2018, ........ ........................
[Insert Federal
Register cita-
tion].
PART 81—DESIGNATION OF AREAS Authority: 42 U.S.C. 7401, et seq. the entry for ‘‘Pike County (part)’’ to
FOR AIR QUALITY PLANNING ■ 4. In § 81.301, the table entitled read as follows:
PURPOSES ‘‘Alabama—2008 Lead NAAQS’’ is § 81.301 Alabama.
■ 3. The authority citation for part 81 amended under ‘‘Troy, AL:’’ by revising
* * * * *
continues to read as follows:
ALABAMA—2008 LEAD NAAQS
Designation for the 2008
NAAQS a
Designated area
Date 1 Type
Troy, AL:
Pike County (part) Area is bounded by a 0.8 mile radius from a center point at latitude 31.78627106 North 6/20/2018 Attainment.
and longitude 85.97862228 West, which fully includes the Sanders Lead facility.
* * * * * * *
a Includes Indian Country located in each county or area, except as otherwise specified.
1 December 31, 2011 unless otherwise noted.
[FR Doc. 2018–13147 Filed 6–19–18; 8:45 am] DEPARTMENT OF COMMERCE ACTION: Temporary final rule;
BILLING CODE 6560–50–P adjustment to annual catch limits;
National Oceanic and Atmospheric correction.
Administration
SUMMARY: The final rule adjusting the
50 CFR Part 648 2018 management area annual catch
limits for the herring fishery published
[Docket No.: 171213999–8128–01] in the Federal Register on February 15,
RIN 0648–XF898 2018. That rule contained several errors
and this document corrects those errors.
Fisheries of the Northeastern United This action is necessary to ensure that
States; Atlantic Herring Fishery;
sradovich on DSK3GMQ082PROD with RULES
correct 2018 herring fishery annual
Adjustments to 2018 Management Area catch limits are available to the public.
Annual Catch Limits; Correction DATES: Effective June 20, 2018, through
AGENCY: National Marine Fisheries December 31, 2018.
Service (NMFS), National Oceanic and ADDRESSES: Copies of supporting
Atmospheric Administration (NOAA), documents, including the 2013–2015
Department of Commerce. Specifications/Framework Adjustment 2
VerDate Sep<11>2014 16:19 Jun 19, 2018 Jkt 244001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\20JNR1.SGM 20JNR1](https://thefederalregister.org/doc/83_FR_28664/page/1.svg)
![28546 Federal Register / Vol. 83, No. 119 / Wednesday, June 20, 2018 / Rules and Regulations
and the 2016–2018 Specifications to the Need for Correction the acceptable biological catch and the
Atlantic Herring Fishery Management stockwide ACL due to lower than
A final rule adjusting the 2018 annual
Plan (FMP), are available from the expected harvest (less than 4,000 mt) in
catch limits (ACL) in the Atlantic
Sustainable Fisheries Division, Greater the New Brunswick weir fishery. This
herring fishery was effective upon
Atlantic Regional Fisheries Office, 55 document corrects the 2018 ACLs for
publication in the Federal Register (83
Great Republic Drive, Gloucester, MA the Atlantic herring management areas.
FR 6797) on February 15, 2018.
01930, telephone (978) 281–9315, or The adjustments result in a slightly
However, the adjusted 2018 ACLs using
online at: https://www.nefmc.org/ higher ACL for Area 1A, no change for
the preliminary 2016 adjusted ACLs did
library/framework-2-2 or http:// Area 2, and a slight reduction in Areas
not take into account the new 2016–
www.greateratlantic.fisheries.noaa.gov/ 1B, 3, and stockwide.
2018 specifications that were published
sustainable/species/atlherring/
in the Federal Register (81 FR 75731) on Correction
index.html.
November 1, 2016, and effective on
FOR FURTHER INFORMATION CONTACT: December 1, 2016. Additionally, the Accordingly, in the rule NMFS
Alyson Pitts, Fishery Management adjusted 2018 ACLs did not account for published on February 15, 2018 (83 FR
Specialist, 978–281–9352. the reallocation of a portion of the 6797), on page 6798, Table 2 is
SUPPLEMENTARY INFORMATION: management uncertainty buffer between corrected to read as follows:
TABLE 2—HERRING SUB-ACLS, CATCH, AND CARRYOVER
[mt]
2018 Corrected
Corrected 2016 Carryover ** sub-ACLs adjusted 2018
adjusted 2016 2016 catch underages/ (up to 10 (minus sub-ACLs
sub-ACLs * overages percent) research (resulting
set-aside) change)
Area 1A .......................................... 30,524 27,831 2,693 2,693 29,391 32,084 (+122).
Area 1B .......................................... 2,844 3,657 ¥813 NA 4,365 3,552 (¥97).
Area 2 ............................................. 31,227 13,463 17,764 2,910 28,227 31,137 (N/A).
Area 3 ............................................. 42,765 18,631 24,134 4,090 39,673 43,763 (¥90).
Stockwide ....................................... 101,135 63,581 NA NA 101,656 100,843 (¥126). ***
* Includes the reallocation of the management uncertainty buffer (1,000 mt) to Area 1A sub-ACL and Stockwide ACL due to lower than ex-
pected catch in the New Brunswick weir fishery.
** Maximum carryover is based on up to 10 percent of the 2016 sub-ACLs: Area 1A = 30,300 mt; Area 1B = 4,500 mt; Area 2 = 29,100 mt;
and Area 3 = 40,900 mt.
*** The stockwide ACL cannot be increased by carryover. The 2018 adjusted stockwide ACL is decreased by the Area 1B overage.
Classification Federal Register on February 15, 2018. This final rule is exempt from review
The NMFS Assistant Administrator We recently identified the correct under Executive Order 12866.
has determined that this final rule is information to adjust 2016 sub-ACL This final rule does not contain a
consistent with the FMP, other determinations. To provide accurate collection-of-information requirement
provisions of the MSA, and other information for harvesting, it is in the for purposes of the Paperwork
applicable law. Pursuant to 5 U.S.C. best interest of the fleet and the herring Reduction Act.
553(b)(3)(B), there is good cause to resource to correct the adjusted 2018 Because prior notice and opportunity
waive prior notice and an opportunity sub-ACLs as soon as possible. In for public comment are not required for
for public comment on this action addition, the change helps fulfill this rule by 5 U.S.C. 553, or any other
because it would be contrary to the regulatory requirements, is formulaic, law, the analytical requirements of the
public interest. Allowing for prior and involves no exercise of discretion or Regulatory Flexibility Act, 5 U.S.C. 601
notice and public comment on this policymaking. Putting the corrected et seq., are inapplicable.
adjustment is also impracticable adjusted sub-ACLs in place as soon as Authority: 16 U.S.C. 1801 et seq.
because regulations require notification possible provides the earliest
opportunity for the fleet to adjust their Dated: June 15, 2018.
of catch allocations and adjustments as Samuel D. Rauch III,
close as possible to the start of the business plans to facilitate their full
harvest of available catch in the open Deputy Assistant Administrator for
herring fishing year on January 1, 2018. Regulatory Programs, National Marine
This is a correction to the Adjustments areas. For the same reasons, pursuant to
5 U.S.C. 553(d), NMFS finds good cause Fisheries Service.
to 2018 Management Area Annual Catch [FR Doc. 2018–13250 Filed 6–19–18; 8:45 am]
Limits in the Atlantic Herring Fishery for this correction to be effective on the
final rule that was published in the date of publication. BILLING CODE 3510–22–P
sradovich on DSK3GMQ082PROD with RULES
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Document Created: 2018-06-20 00:20:26
Document Modified: 2018-06-20 00:20:26
| 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 | Temporary final rule; adjustment to annual catch limits; correction. | |
| Dates | Effective June 20, 2018, through December 31, 2018. | |
| Contact | Alyson Pitts, Fishery Management Specialist, 978-281-9352. | |
| FR Citation | 83 FR 28545 | |
| RIN Number | 0648-XF89 |
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