[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Rules and Regulations]
[Page 84505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28175]



[[Page 84505]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 160929900-6900-01]
RIN 0648-XE927


Revisions to Framework Adjustment 55 to the Northeast 
Multispecies Fishery Management Plan

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

ACTION: Final rule; adjustment to specifications.

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SUMMARY: We are reducing the 2016 fishing year Georges Bank haddock 
catch cap for the herring midwater trawl fishery. The reduction in the 
2016 midwater trawl catch cap is necessary to account for an overage 
that occurred in fishing year 2015. This reduction is formulaic and is 
required as an accountability measure to help mitigate the 2015 
overage.

DATES: Effective November 23, 2016, through April 30, 2017.

FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Management 
Specialist, (978) 282-8493.

SUPPLEMENTARY INFORMATION: Framework Adjustment 55 to the Northeast 
(NE) Multispecies Fishery Management Plan (FMP) (May 2, 2016, 81 FR 
26412) set annual catch limits for groundfish stocks for the 2016 
fishing year, including allocations for the groundfish fishery and 
other fisheries with incidental catch of groundfish. The midwater trawl 
herring fishery is allocated 1 percent of the U.S. acceptable 
biological catch of Gulf of Maine (GOM) and Georges Bank (GB) haddock. 
If the herring midwater trawl fishery exceeds its GOM or GB haddock 
catch cap, we are required to reduce the respective catch cap by the 
amount of the overage in the following fishing year.
    In fishing year 2015, the midwater trawl fishery exceeded its GB 
haddock catch cap by 8.54 mt. Therefore, this rule reduces the fishing 
year 2016 GB haddock catch cap by 8.54 mt to account for this overage. 
Table 1 provides the midwater trawl adjustment for GB haddock that this 
rule implements.

                        Table 1--Fishing Year 2016 Midwater Trawl Overage Adjustment (mt)
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                                                                               Initial 2016      Adjusted 2016
                          Stock                              2015 Overage     midwater trawl     midwater trawl
                                                                            fishery catch cap  fishery catch cap
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GB haddock...............................................            8.54                521             512.46
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Classification

    The NMFS Assistant Administrator has determined that this final 
rule is consistent with the FMP, other provisions of the Magnuson-
Stevens Fishery Conservation and Management Act, and other applicable 
law.
    This action is exempt from the procedures of E.O. 12866 because 
this action contains no implementing regulations.
    Pursuant to 5 U.S.C. 553(b)(3)(B), we find good cause to waive 
prior public notice and opportunity for public comment on the catch cap 
adjustment because allowing time for notice and comment is 
impracticable, unnecessary, and contrary to the public interest. We 
also find good cause to waive the 30-day delay in effectiveness 
pursuant to 5 U.S.C. 553(d)(3), so that this final rule may become 
effective upon publication.
    Prior notice and comment are impracticable and contrary to the 
public interest, because this is a non-discretionary action required by 
provisions of Framework 46 to the NE Multispecies FMP, which was 
subject to public comment. The proposed rule to implement Framework 46 
requested public comment on these measures, including the specific 
accountability measure implemented by this rule, with the understanding 
that a catch cap adjustment would be required if an overage occurred. 
As a result, the public and industry are expecting this adjustment.
    Final 2015 catch data only recently became available in September 
2016. This information allows us to determine the amount of an overage, 
if any, and it was not possible to finalize this information sooner. If 
this rule is not effective immediately, the midwater trawl fishery will 
be operating under an incorrect 2016 catch cap for GB haddock. This 
could increase the likelihood of a subsequent overage and uncertainty 
on when to trigger an inseason accountability measure, which in turn 
could cause confusion and negative economic impacts to the midwater 
trawl fishery. Therefore, it is important to implement the reduced 
catch limit as soon as possible. For these reasons, we are waiving the 
public comment period and delay in effectiveness for this rule, 
pursuant to 5 U.S.C. 553(b)(3)(B) and (d), respectively.
    A final regulatory flexibility analysis (FRFA) was previously 
prepared as part of the regulatory impact review of Framework 55. This 
minor adjustment does not change the conclusions drawn from that FRFA. 
The FRFA is contained in the Framework 55 final rule.
    Each item in section 604(a)(1) through (5) of the Regulatory 
Flexibility Act (5 U.S.C. 604(a)(1) through (5)) was addressed in the 
Classification section of the Framework 55 final rule.

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

    Dated: November 17, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-28175 Filed 11-22-16; 8:45 am]
 BILLING CODE 3510-22-P