[Federal Register Volume 83, Number 119 (Wednesday, June 20, 2018)]
[Rules and Regulations]
[Pages 28545-28546]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13250]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.: 171213999-8128-01]
RIN 0648-XF898
Fisheries of the Northeastern United States; Atlantic Herring
Fishery; Adjustments to 2018 Management Area Annual Catch Limits;
Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Temporary final rule; adjustment to annual catch limits;
correction.
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SUMMARY: The final rule adjusting the 2018 management area annual catch
limits for the herring fishery published in the Federal Register on
February 15, 2018. That rule contained several errors and this document
corrects those errors. This action is necessary to ensure that correct
2018 herring fishery annual catch limits are available to the public.
DATES: Effective June 20, 2018, through December 31, 2018.
ADDRESSES: Copies of supporting documents, including the 2013-2015
Specifications/Framework Adjustment 2
[[Page 28546]]
and the 2016-2018 Specifications to the Atlantic Herring Fishery
Management Plan (FMP), are available from the Sustainable Fisheries
Division, Greater Atlantic Regional Fisheries Office, 55 Great Republic
Drive, Gloucester, MA 01930, telephone (978) 281-9315, or online at:
https://www.nefmc.org/library/framework-2-2 or http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/atlherring/index.html.
FOR FURTHER INFORMATION CONTACT: Alyson Pitts, Fishery Management
Specialist, 978-281-9352.
SUPPLEMENTARY INFORMATION:
Need for Correction
A final rule adjusting the 2018 annual catch limits (ACL) in the
Atlantic herring fishery was effective upon publication in the Federal
Register (83 FR 6797) on February 15, 2018. However, the adjusted 2018
ACLs using the preliminary 2016 adjusted ACLs did not take into account
the new 2016-2018 specifications that were published in the Federal
Register (81 FR 75731) on November 1, 2016, and effective on December
1, 2016. Additionally, the adjusted 2018 ACLs did not account for the
reallocation of a portion of the management uncertainty buffer between
the acceptable biological catch and the stockwide ACL due to lower than
expected harvest (less than 4,000 mt) in the New Brunswick weir
fishery. This document corrects the 2018 ACLs for the Atlantic herring
management areas. The adjustments result in a slightly higher ACL for
Area 1A, no change for Area 2, and a slight reduction in Areas 1B, 3,
and stockwide.
Correction
Accordingly, in the rule NMFS published on February 15, 2018 (83 FR
6797), on page 6798, Table 2 is corrected to read as follows:
Table 2--Herring Sub-ACLs, Catch, and Carryover
[mt]
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2018 sub-ACLs
Corrected 2016 underages/ Carryover ** (minus Corrected adjusted 2018 sub-ACLs
adjusted 2016 2016 catch overages (up to 10 research set- (resulting change)
sub-ACLs * percent) aside)
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Area 1A.............................. 30,524 27,831 2,693 2,693 29,391 32,084 (+122).
Area 1B.............................. 2,844 3,657 -813 NA 4,365 3,552 (-97).
Area 2............................... 31,227 13,463 17,764 2,910 28,227 31,137 (N/A).
Area 3............................... 42,765 18,631 24,134 4,090 39,673 43,763 (-90).
Stockwide............................ 101,135 63,581 NA NA 101,656 100,843 (-126). ***
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* Includes the reallocation of the management uncertainty buffer (1,000 mt) to Area 1A sub-ACL and Stockwide ACL due to lower than expected catch in the
New Brunswick weir fishery.
** Maximum carryover is based on up to 10 percent of the 2016 sub-ACLs: Area 1A = 30,300 mt; Area 1B = 4,500 mt; Area 2 = 29,100 mt; and Area 3 = 40,900
mt.
*** The stockwide ACL cannot be increased by carryover. The 2018 adjusted stockwide ACL is decreased by the Area 1B overage.
Classification
The NMFS Assistant Administrator has determined that this final
rule is consistent with the FMP, other provisions of the MSA, and other
applicable law. Pursuant to 5 U.S.C. 553(b)(3)(B), there is good cause
to waive prior notice and an opportunity for public comment on this
action because it would be contrary to the public interest. Allowing
for prior notice and public comment on this adjustment is also
impracticable because regulations require notification of catch
allocations and adjustments as close as possible to the start of the
herring fishing year on January 1, 2018. This is a correction to the
Adjustments to 2018 Management Area Annual Catch Limits in the Atlantic
Herring Fishery final rule that was published in the Federal Register
on February 15, 2018. We recently identified the correct information to
adjust 2016 sub-ACL determinations. To provide accurate information for
harvesting, it is in the best interest of the fleet and the herring
resource to correct the adjusted 2018 sub-ACLs as soon as possible. In
addition, the change helps fulfill regulatory requirements, is
formulaic, and involves no exercise of discretion or policymaking.
Putting the corrected adjusted sub-ACLs in place as soon as possible
provides the earliest opportunity for the fleet to adjust their
business plans to facilitate their full harvest of available catch in
the open areas. For the same reasons, pursuant to 5 U.S.C. 553(d), NMFS
finds good cause for this correction to be effective on the date of
publication.
This final rule is exempt from review under Executive Order 12866.
This final rule does not contain a collection-of-information
requirement for purposes of the Paperwork Reduction Act.
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.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 15, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018-13250 Filed 6-19-18; 8:45 am]
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