[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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