[Federal Register Volume 77, Number 77 (Friday, April 20, 2012)]
[Rules and Regulations]
[Pages 23635-23636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9601]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 110707371-2136-02]
RIN 0648-BB28


Fisheries of the Northeastern United States; Atlantic Mackerel, 
Squid, and Butterfish Fisheries; Specifications and Management 
Measures; 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 an omission in the regulatory text in the 
final rule for 2012 Specifications for the Atlantic Mackerel, Squid, 
and Butterfish fisheries.

DATES: Effective April 20, 2012.

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

SUPPLEMENTARY INFORMATION:

Background

    The final rule to implement 2012 specifications and management 
measures for the Atlantic mackerel and squid fisheries, and the interim 
final rule to implement 2012 butterfish fishery specifications was 
published in the Federal Register on March 21, 2011 (77 FR 16472). This 
action established catch levels for the 2012 fishing year for mackerel 
and butterfish, established catch levels for the 2012-2014 fishing 
years for longfin squid and Illex squid, and includes minor adjustments 
to management measures for the mackerel and longfin squid fisheries. 
Details regarding the measures in the 2012 specifications are in the 
final rule and are not repeated here.

Need for Correction

    One of the management measure adjustments for mackerel provides 
that the commercial mackerel fishery be closed when 95 percent of the 
commercial quota (domestic annual harvest or DAH) has been caught. 
While the final rule revised the regulatory text regarding closures of 
the commercial fishery at 50 CFR 648.24(b)(1) to reflect this 
adjustment, regulatory text at Sec.  648.26 also includes references to 
the former closure threshold (90 percent) and was inadvertently not 
updated to reflect the change. This correction adjusts the regulatory 
text at Sec.  648.26(a) to reflect the new 95-percent closure. If left 
uncorrected, the regulations at Sec.  648.26(a) would not match the 
adjustment to the closure threshold implemented in the final rule at 
Sec.  648.24(b)(1), and may be confusing to the public. 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 April 20, 2012, the public will have conflicting 
information regarding the closure threshold used to close the mackerel 
fishery once the quota has been attained, which will 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.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.


[[Page 23636]]


    Dated: April 17, 2012.
Samuel D. Rauch III,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For reasons set out in the preamble, 50 CFR part 648 is corrected 
by making the following correcting amendments:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

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

0
2. In Sec.  648.26, paragraphs (a)(1)(i) through (iii) are revised to 
read as follows:


Sec.  648.26  Mackerel, squid, and butterfish possession restrictions.

    (a) Atlantic mackerel. (1) A vessel must be issued a valid limited 
access mackerel permit to fish for, possess, or land more than 20,000 
lb (9.08 mt) of Atlantic mackerel from or in the EEZ per trip, provided 
that the fishery has not been closed because 95 percent of the DAH has 
been harvested, as specified in Sec.  648.24(b)(1)(i).
    (i) A vessel issued a Tier 1 Limited Access Mackerel Permit is 
authorized to fish for, possess, or land Atlantic mackerel with no 
possession restriction in the EEZ per trip, and may only land Atlantic 
mackerel once on any calendar day, which is defined as the 24-hr period 
beginning at 0001 hours and ending at 2400 hours, provided that the 
fishery has not been closed because 95 percent of the DAH has been 
harvested, as specified in Sec.  648.24(b)(1)(i).
    (ii) A vessel issued a Tier 2 Limited Access Mackerel Permit is 
authorized to fish for, possess, or land up to 135,000 lb (61.23 mt) of 
Atlantic mackerel in the EEZ per trip, and may only land Atlantic 
mackerel once on any calendar day, which is defined as the 24-hr period 
beginning at 0001 hours and ending at 2400 hours, provided that the 
fishery has not been closed because 95 percent of the DAH has been 
harvested, as specified in Sec.  648.24(b)(1)(i).
    (iii) A vessel issued a Tier 3 Limited Access Mackerel Permit is 
authorized to fish for, possess, or land up to 100,000 lb (45.36 mt) of 
Atlantic mackerel in the EEZ per trip, and may only land Atlantic 
mackerel once on any calendar day, which is defined as the 24-hr period 
beginning at 0001 hours and ending at 2400 hours, provided that the 
fishery has not been closed because 90 percent of the Tier 3 allocation 
has been harvested, or 95 percent of the DAH has been harvested, as 
specified in Sec.  648.22(b)(1)(i) and (ii).
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[FR Doc. 2012-9601 Filed 4-19-12; 8:45 am]
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