[Federal Register Volume 78, Number 111 (Monday, June 10, 2013)]
[Rules and Regulations]
[Pages 34587-34588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13195]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 120814336-3495-03]
RIN 0648-BC27


Magnuson-Stevens Act Provisions, Fisheries of the Northeastern 
United States; Northeast (NE) Multispecies Fishery; Framework 
Adjustment 48; Final Rule; Correction

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

ACTION: Final rule; stay and correction.

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SUMMARY: This action corrects the ``Dates'' section in the interim 
final rule for Northeast (NE) Multispecies Framework Adjustment 48, 
published on May 3, 2013. It also stays a provision that inadvertently 
was made effective on May 1, 2013.

DATES: Section 648.83(a)(1) is stayed effective from June 10, 2013 to 
July 1, 2013. The effective date of the addition of Sec.  648.84(e) 
published May 3, 2013 (78 FR 26158) is corrected to June 10, 2013.

FOR FURTHER INFORMATION CONTACT: Liz Sullivan, [email protected], 
phone: 978-282-8493, fax: 978-281-9135.

SUPPLEMENTARY INFORMATION:

Background

    This action corrects the ``Dates'' section referenced in the final 
rule for Framework Adjustment 48, published on May 3, 2013 (78 FR 
26118). The Framework Adjustment 48 final rule states: ``DATES: 
Effective May 1, 2013, except for the amendment to Sec.  648.84, which 
is effective July 1, 2013.'' This is incorrect. The correct language 
should have read: ``DATES: Effective May 1, 2013, except for the 
amendment to Sec.  648.83, which is effective July 1, 2013.''
    Framework Adjustment 48 reduced the NE multispecies minimum fish 
sizes for several groundfish stocks. The regulations retaining to 
minimum fish sizes are found in Sec.  648.83. Measure 13 of the final 
rule implementing Framework Adjustment 48 explains the need to address 
discrepancies between state and Federal minimum fish sizes, stating 
that different fish sizes could complicate compliance and enforcement 
of this measure. Because of this concern, NMFS intended to delay the 
effective date of the measure to reduce minimum sizes until July 1, 
2013, to allow state agencies additional time to consider and make 
corresponding adjustments to their minimum sizes. However, the 
``Dates'' section of the Framework Adjustment 48 final rule 
inadvertently stated that measures in Sec.  648.84 were being delayed 
instead. Section 648.84 relates to gear-marking requirements and gear 
restrictions. The text of Framework Adjustment 48 did not specify an 
alternative effective date for revisions to Sec.  648.84, and the 
intention was to have those revisions become effective with the 
remainder of the amendments to part 648 on May 1, 2013.
    This action corrects this inadvertent error by staying Sec.  
648.83(a)(1) from June 10, 2013 to July 1, 2013, and making Sec.  
648.84(e) effective on June 10, 2013.

Classification

    Pursuant to 5 U.S.C. 533(d), the Assistant Administrator for 
Fisheries, NOAA (AA), finds good cause to waive the 30-day delay in 
effective date because it is contrary to the public interest to retain 
effective dates that merely reflect a typographical error. The 
correction to the effective date of the revisions to Sec.  648.84 needs 
to be effective immediately in order to properly implement the rule as 
intended, and as described in the preamble to the published final rule 
(May 3, 2013, 78 FR 26118). A delay would be contrary to the public's 
interest because it would leave in place the improperly delayed July 1, 
2013, effective date for gear-marking requirements and gear 
restrictions (Sec.  648.84), and an incorrect May 1, 2013, effective 
date for new reductions in the multispecies minimum fish sizes (Sec.  
648.83). Therefore, pursuant to 5 U.S.C. 553(d), the AA finds good 
cause to waive the 30-day delay in effective date.

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


[[Page 34588]]


    Dated: May 30, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, Performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.
[FR Doc. 2013-13195 Filed 6-7-13; 8:45 am]
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