[Federal Register Volume 77, Number 84 (Tuesday, May 1, 2012)]
[Rules and Regulations]
[Pages 25630-25631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10458]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120316196-2195-01]
RIN 0648-BB89
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Interim Action; Withdrawn
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim rule; withdrawal.
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SUMMARY: NMFS issued interim measures for the 2012 Gulf of Maine (GOM)
Atlantic cod fishery on April 3, 2012. These measures were intended to
become effective May 1, 2012; however, the authority NMFS uses to issue
interim measures requires that interim measures become effective on
publication in the Federal Register. The interim rule published on
April 3, 2012, is being withdrawn so NMFS may re-issue the same
measures on May 1,
[[Page 25631]]
2012, to ensure that the effective date is consistent with both NMFS'
authority and the start of the 2012 GOM cod fishing year.
DATES: The interim rule published on April 3, 2012, at 77 FR 19944 is
withdrawn as of May 1, 2012.
FOR FURTHER INFORMATION CONTACT: Michael Ruccio, Fishery Policy
Analyst, (978) 281-9104.
SUPPLEMENTARY INFORMATION: NMFS published a temporary rule containing
interim measures to implement GOM cod catch limits and recreational
fishing rules for the 2012 fishing year on April 3, 2012 (77 FR 19944).
The interim measures were issued under authority of section 305(c) of
the Magnuson-Stevens Fishery Conservation and Management Act (MSA) and
were designed to become effective on May 1, 2012, the first day of the
2012 GOM cod fishing year. However, the effective date specified in the
published interim rule is inconsistent with NMFS' authority provided by
the MSA. The MSA language that authorizes NMFS to issue interim
measures under specific conditions is described in detail in the April
3, 2012, rule and not repeated here.
The MSA authority for interim rules explicitly specifies that
measures are effective upon publication in the Federal Register and may
remain in place for no more than 180 days. NMFS has authority to extend
interim measures for an additional 186 days under the MSA-granted
authority. This provides for up to a full year (365 days) of interim
measures. NMFS indicated that the interim measures issued in the April
3 rule would be extended by a subsequent rule so that measures remain
effective for the duration of the 2012 fishing year which runs from May
1, 2012 to April 30, 2013. The initial 180 day effective period in the
April 3 rule was calculated moving forward from the day the rule
published, even though the rule states it is effective on May 1. Thus,
the initial 180 day period specified in the April 3 interim rule ends
on September 30, 2012. An extension of the interim measures for an
additional 186 days from September 30, 2012 would be April 3, 2013.
This would mean that 27 days of the 2012 fishing year would not have
catch and management measures in place for GOM cod.
NMFS had published the measures in advance of the fishing season to
provide advance notice to fishery participants and the interested
public. Because the rule has published and the effective date outlined
in the DATES section is inconsistent with NMFS' authority and creates a
situation that would result in an unregulated portion of the 2012
fishing year, the measures and modifications to the Code of Federal
Regulations (CFR) implemented by the rule are being withdrawn. NMFS
will re-issue the exact measures and regulations previously published
on April 3, 2012, for publication in the Federal Register on May 1,
2012. This ensures the effective date begins on the start of the
fishing year and is consistent with the MSA section 305(c) authority
that specifies interim rules are effective upon publication. This will
result in the interim measures expiring on October 27, 2012. NMFS may
then be able to extend the interim measures for an additional 186 days
to ensure the measures are effective for the entire May 1, 2012-April
30, 2013 fishing year.
NMFS recognizes the withdrawal and re-publication of measures may
cause some confusion for fishermen and those interested in the 2012 GOM
cod fishery. Because the effective date in the April 3 rule is
inconsistent with NMFS authority, it is not possible to simply correct
the language. By withdrawing and re-issuing the interim measures for
publication in the Federal Register on May 1, 2012, NMFS will ensure
that the measures are effective at the start of the fishing year,
consistent with both the intent of the previously published interim
rule and the MSA authority for issuing interim rules. Furthermore, this
withdrawal and re-issuance of the GOM cod 2012 fishing year interim
measures will ensure that NMFS may use the MSA authority for a full
fishing year, as intended and requested by the New England Fishery
Management Council (Council). NMFS intends to explain the need for the
withdrawal and re-issuance to the Council, fishery participants, and
the interested public.
For the reasons outlined here, the publication on April 3, 2012 (77
FR 19944), implementing temporary rules to 50 CFR part 648 with an
effective date of May 1-September 30, 2012, is withdrawn.
As previously stated, NMFS intends to re-issue the measures
contained in the April 3, 2012 (77 FR 19944), on May 1, 2012.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 25, 2012.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
[FR Doc. 2012-10458 Filed 4-30-12; 8:45 am]
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