[Federal Register Volume 77, Number 77 (Friday, April 20, 2012)]
[Rules and Regulations]
[Pages 23633-23635]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9596]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 111128700-2405-02]
RIN 0648-BB66


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Recreational Accountability Measures

AGENCY: National Marine Fisheries Service, National Oceanic and 
Atmospheric Administration, Commerce.

ACTION: Final rule.

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SUMMARY: This final rule removes the recreational accountability 
measures that were implemented in January 2012 to address an overage of 
the fishing year 2010 Gulf of Maine haddock sub-annual catch limit by 
the recreational fishery. Newly available data indicate that there was 
no overage by the recreational fishery for fishing year 2010. 
Therefore, possession limits and an increase in the minimum size for 
haddock caught in the Gulf of Maine by recreational anglers aboard 
private or charter/party vessels are no longer needed.

DATES: Effective April 20, 2012.

ADDRESSES: An analysis of the impacts of the accountability measures 
that are being removed by this action is included in the Final 
Environmental Impact Statement (FEIS) prepared for Amendment 16 to the 
Northeast (NE) Multispecies Fishery Management Plan (FMP). Copies of 
Amendment 16, its Regulatory Impact Review (RIR), and the FEIS are 
available from Paul J. Howard, Executive Director, New England Fishery 
Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. The 
FEIS/RIR is also accessible via the Internet at http://www.nefmc.org/nemulti/index.html.

FOR FURTHER INFORMATION CONTACT: Brett Alger, Fishery Management 
Specialist, (978) 675-2153, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION: The final rule implementing Amendment 16 to 
the NE Multispecies FMP (75 FR 18262,

[[Page 23634]]

April 9, 2010) established a process to set and distribute ACLs among 
the various components of the groundfish fishery, which includes an 
allocation to the recreational fishery for Gulf of Maine (GOM) cod and 
haddock. Amendment 16 also established accountability measures (AMs) 
that would be implemented if any ACL is exceeded during a particular 
fishing year (FY). If the recreational fishery exceeds its sub-ACL for 
GOM cod or GOM haddock, NMFS is required to implement AMs to prevent 
the recreational fishery from exceeding the pertinent sub-ACL in time 
for the following fishing year. NMFS is required to develop these AMs 
in consultation with the New England Fishery Management Council 
(Council), and may consider adjustments to fishing seasons, minimum 
fish size, or possession limits to achieve the necessary reductions. 
The effective period of such measures can be modified through notice 
consistent with the Administrative Procedure Act if it is determined 
that such measures are not necessary to prevent overfishing or ensure 
that a similar overage does not occur during future fishing years.
    In FY 2010, the recreational fishery was allocated 324 mt of GOM 
haddock as part of Framework Adjustment 44 to the NE Multispecies FMP 
(April 9, 2010, 75 FR 18356). Based on Marine Recreational Fishing 
Statistical Survey (MRFSS) data, the only available information at the 
time, NMFS determined that the recreational fishery caught 396.3 mt of 
GOM haddock during FY 2010. This represented an overage of 72.3 mt, or 
22.3 percent of the FY 2010 GOM haddock recreational sub-ACL. After 
consulting with the Council and its Recreational Advisory Panel, NMFS 
published an interim final rule (76 FR 82197, December 30, 2011) that 
implemented a 9-fish possession limit (previously there was no 
constraint on possession) and increased the minimum fish size for 
haddock caught in the GOM Regulated Mesh Area from 18 in (45.72 cm) to 
19 in (48.26 cm) total length.
    The Marine Recreational Information Program (MRIP), initiated in 
2008, provides a new way of counting and reporting marine recreational 
catch and effort; due to improved statistical techniques, it results in 
less-biased and more-accurate data than MRFSS. Through the end of 
calendar year 2012, data already collected using MRFSS will be re-
estimated using MRIP until a fill transition is completed for the 2013 
calendar year. Therefore, in 2012, NMFS will have both MRFSS and MRIP 
catch estimates. The MRIP data for the recreational GOM haddock catch 
became available at the beginning of 2012, after the interim final rule 
to implement AMs was published on December 30, 2011. Using the MRIP 
data, NMFS determined that the recreational fishery only caught 297.4 
mt of GOM haddock during FY 2010, which is an underage of 26.6 mt, or 
8.2 percent of the FY 2010 GOM haddock recreational sub-ACL. Because 
the FY 2010 recreational catch actually resulted in an underage, the 
AMs are no longer necessary.
    NMFS received 12 public comments during the 15-day comment period 
on the interim final rule implementing AMs, some specifically regarding 
the effectiveness and need for these measures to address haddock catch; 
the comments are summarized below. Additionally, on February 7, 2012, 
NMFS received a request from the Council to revisit the implemented GOM 
haddock AMs in light of the new MRIP information indicating that the 
recreational fishery did not exceed its sub-ACL for this stock.
    Given this new information, and after review of the public comments 
received on the interim final rule implementing the recreational AMs, 
NMFS is removing the 9-fish possession limit and the increased minimum 
fish size of 19 in (48.26 cm) total length for haddock caught in the 
GOM Regulated Mesh Area. As a result of this action, as before 
implementation of the recreational AMs, there is no possession limit 
and the minimum size for haddock is 18 in (45.72 cm) total length.

Comments

    Comments: NMFS received comments from 12 individuals. Seven 
individuals did not support the changes in possession limit or minimum 
fish size implemented by the interim final rule; no individuals wrote 
in support of the measures. Ten individuals commented on the data 
relied upon to approve the interim final rule measures and question 
whether economic impacts were considered prior to implementing the 
interim final rule. There were also several comments unrelated to the 
AMs implemented through the interim final rule and are therefore not 
relevant to this action.
    Response: In Amendment 16, the Council analyzed a series of 
potential AMs in the recreational fishery, such as possession limits 
and changes in the minimum fish size, including the measures 
implemented by the interim final rule. The economic impacts of 
potential AMs in the recreational fishery were analyzed in Sections 
7.5.2.3.2.3 and 7.5.2.3.6.3 of the Amendment 16 FEIS. Until recently, 
MRFSS data was the best available scientific information to assess 
catch by recreational anglers and to determine whether or not an AM was 
needed to address an overage. However, MRIP data, which became 
available on January 23, 2012, after the recreation AMs were 
implemented on January 6, 2012, are the result of a less biased and 
more accurate method of counting and reporting recreational catch and 
effort than the previously used MRFSS data. Because MRIP data indicates 
that there was no overage in 2010, the AMs are no longer necessary. 
NMFS is removing the AMs through this final rule.

Classification

    The Acting Regional Administrator, Northeast Region, NMFS, 
determined that removing the management measures by this final rule is 
consistent with the Magnuson-Stevens Act and other applicable law.
    The Office of Management and Budget has determined that this rule 
is not significant for purposes of Executive Order 12866.
    A Regulatory Flexibility Act analysis was completed for Amendment 
16 to the NE Multispecies FMP, which included the measures in place 
prior to the interim final rule and the measure implemented by the 
interim final rule. Removing the interim measures through this final 
rule does not require any additional RFA analysis.
    Pursuant to 5 U.S.C. 553(b)(3)(B), the Acting Assistant 
Administrator for Fisheries, NMFS, finds good cause to waive the 
requirements for prior notice and the opportunity for public comment 
for removing the AMs by this final rule because a delay in its 
effectiveness would be impracticable, unnecessary, and contrary to the 
public interest. The AMs implemented in the interim final rule were 
intended to address an overage of the FY 2010 GOM haddock sub-ACL by 
the recreational groundfish fishery. Because later data concluded that 
there was no overage, the AMs are no longer necessary. The recreational 
haddock fishing season begins in April, and removing the measures as 
early as possible will avoid unnecessary negative economic impacts to 
the charter/party vessel operators who derive income from the 
recreational haddock fishery.
    The Acting Assistant Administrator for Fisheries, NMFS, also finds 
good cause to waive the 30-day delayed effective requirement, pursuant 
to 5 U.S.C. 553(d)(3). The possession limits and increased minimum fish 
size measures implemented in the interim final rule reduce potential 
landings and

[[Page 23635]]

devalue recreational trips. Removing these restrictions in a timely way 
will avoid these unnecessary adverse economic impacts. The recreational 
fishing season, particularly for charter/party vessels, begins in April 
of each year. NE multispecies charter/party operations advertise and 
try to book fishing trips prior to the start of their fishing season as 
part of their yearly business plans. Delaying the removal of the AMs by 
30 days would complicate business plans currently being developed by 
charter/party operations, and prohibit them from effectively planning, 
advertising, and booking trips for the upcoming fishing season. 
Further, delays in removing the AMs for GOM haddock could result in 
business changes midway into the spring recreational fishing season, 
which could result in unanticipated negative economic impacts to 
charter/party vessel operators and associated supporting businesses due 
to confusion in applicable regulations, changes to advertisements, and 
potentially cancelled trips. Therefore, it is contrary to the public 
interest to unnecessarily delay the removal of the AMs, and good cause 
exists to waive the 30-day delayed effectiveness requirement.
    Finally, pursuant to 5 U.S.C. 553(d)(1), this rule is exempt from 
the 30-day delayed effectiveness requirement because it relieves 
restrictions. By removing the AMs originally implemented in the interim 
final rule, this rule will ease the burdens of the regulated community, 
and no legitimate reason exists to delay its effectiveness.
    This 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.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: April 17, 2012.
Samuel D. Rauch III,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2012-9596 Filed 4-19-12; 8:45 am]
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