[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Rules and Regulations]
[Pages 7544-7545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3304]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 0808041037-1649-02]
RIN 0648-AX05


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fisheries; Amendment 11; Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; correction.

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SUMMARY: This action corrects a mistake in the amendatory language in 
the final rule for Amendment 11 to the Atlantic Mackerel, Squid, and 
Butterfish Fishery Management Plan.

DATES: Effective March 1, 2012.

FOR FURTHER INFORMATION CONTACT: Aja Szumylo, Fishery Policy Analyst, 
978-281-9195.

SUPPLEMENTARY INFORMATION:

Background

    The final rule for Amendment 11 to the Atlantic Mackerel, Squid, 
and Butterfish (MSB) Fishery Management Plan was published in the 
Federal Register on November 7, 2011 (76 FR

[[Page 7545]]

68642). The final measures in that action included: A tiered limited 
access program for the Atlantic mackerel fishery; an open access 
incidental catch permit for mackerel; an update to essential fish 
habitat designations for all life stages of mackerel, longfin squid, 
Illex squid, and butterfish; and the establishment of a recreational 
allocation for mackerel. Details regarding the measures in Amendment 11 
are in the final rule and are not repeated here.
    The final regulations in Amendment 11 revised portions of 50 CFR 
648.4; the new regulatory text will be effective on March 1, 2012. The 
amendatory language for Sec.  648.4 on page 68653 of the final rule has 
instructions for a revision of paragraph Sec.  648.4 (a)(5)(iii). 
However, the amendatory language should have also included instructions 
for a revision of Sec.  648.4 (a)(5)(iv) and the addition of Sec.  
648.4 (a)(5)(v). The text for these paragraphs is listed on page 68655 
of the final rule. As published, the error in the amendatory language 
would result in the removal of Sec.  648.4 (a)(5)(iv) and Sec.  648.4 
(a)(5)(v) on March 1, 2012. These paragraphs describe the Atlantic 
mackerel incidental catch permit and the MSB party and charter boat 
permit. This correction adjusts the amendatory instruction 2 for Sec.  
648.4 to allow for the designation of paragraphs (a)(5)(iv) and (v) in 
time for the March 1, 2012, effective date. This correction does not 
change the intent or application of the measures described in the 
proposed and final rule.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA) finds good 
cause under 5 U.S.C. 553(b)(B), to waive the requirement for prior 
notice and opportunity for public comment for this action because 
notice and comment would be unnecessary, impracticable, and contrary to 
the public interest. Notice and comment are unnecessary, impracticable, 
and contrary to the public interest because this action simply makes 
the text of the codified regulations consistent with the text in the 
final rule, and makes corrections to accurately reflect the intent of 
the final rule. This correction eliminates inconsistencies between the 
regulatory text contained in the final rule and the codified 
regulations, and therefore eliminates any confusion that the 
inconsistency might create for the public. No aspect of this action is 
controversial and no change in operating practices in the fishery is 
required from those intended in the final rule.
    For the same reasons, pursuant to 5 U.S.C. 553(d), the AA finds 
good cause to waive the 30-day delay in effective date. If this rule is 
not implemented by March 1, 2012, two paragraphs of regulations 
regarding permit requirements would be removed, which could cause 
confusion and would be inconsistent with the final rule.
    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.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.

Correction

    In the Federal Register of November 7, 2011, in FR Doc. 2011-28772, 
on page 68653, in the second column, amendatory instruction 2 is 
corrected to read as follows:


Sec.  648.4  [Corrected]

    ``2. In Sec.  648.4, paragraphs (a)(5)(iii) and (a)(5)(iv) are 
revised, and paragraphs (a)(5)(v), and (c)(2)(vii) are added to read as 
follows:''

    Dated: February 8, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2012-3304 Filed 2-10-12; 8:45 am]
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