Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations 23633 

species, including octocorals, not 

currently in need of Federal 

management from the FMPs. After the 

regulations implementing the Generic 

ACL Amendment became effective on 

January 30, 2012, NMFS determined 

that the FMP title for the Gulf Coral and 

Coral Reefs FMP was inadvertently 

removed from Table 1 in § 622.1. The 

intent was to remove octocoral species, 

which are not currently in need of 

Federal management, from the FMP, but 

not to change Table 1 in § 622.1. 

Need for Correction 

As published, the final rule contains 

an error in the FMP table in the 

regulatory text. In § 622.1, paragraph (b), 

Table 1, the row titled, ‘‘FMP for Coral 

and Coral Reefs of the Gulf of Mexico’’ 

was incorrectly removed. This action 

will reinstate that row into Table 1 in 

§ 622.1. All other information remains 

unchanged and will not be repeated in 

this correction. 

Classification 

Pursuant to 5 U.S.C. 553(b)(B), the 

Assistant Administrator for Fisheries, 

NOAA, finds good cause to waive prior 

notice and opportunity for additional 

public comment for this action because 

delaying this action is unnecessary. This 

correcting amendment includes a minor, 

non-substantive change to regulatory 

text to reinstate a row of text into the 

FMP table in 50 CFR part 622 that was 

incorrectly removed. This amendment 

does not modify, add or remove any 

rights, privileges or obligations of any 

individuals. Rather, the removal of an 

FMP in a table published in the final 

rule was an error. Reinserting this row 

into the table, as published in this 

correcting amendment, will alleviate 

unnecessary confusion for participants 

in Gulf fisheries. No adverse affect on 

fishing stocks will result from this 

amendment. Because this is a minor 

technical amendment that is 

administrative in nature and in which 

the public would have little interest, 

public comment is unnecessary. 

For the same reasons, the Assistant 

Administrator also finds good cause, 

pursuant to 5 U.S.C. 553(d), to waive the 

30-day delay in effective date for this 

correcting amendment. This revision is 

a minor, non-substantive change and 

does not change operating practices in 

Gulf fisheries. The immediate 

publication of this correcting 

amendment will alleviate potential 

confusion for Gulf fishermen. 

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. 

This action is not considered 

significant under Executive Order 

12866. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Puerto Rico, 

Reporting and recordkeeping 

requirements, Virgin Islands. 

Dated: April 16, 2012. 

Samuel D. Rauch III, 

Acting Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

Accordingly, 50 CFR part 622 is 

corrected by making the following 

correcting amendment: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF, AND SOUTH 

ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

■ 2. In § 622.1, paragraph (b), in Table 

1, the row titled ‘‘FMP for Coral and 

Coral Reefs of the Gulf of Mexico’’ is 

added, in alphabetical order, to read as 

follows: 

§ 622.1 Purpose and scope. 

* * * * * 

(b) * * * 

TABLE 1—FMPS IMPLEMENTED UNDER PART 622 

FMP title Responsible fishery 

management council(s) Geographical area 

*******

FMP for Coral and Coral Reefs of the Gulf of Mexico ......................................... GMFMC ................................................ Gulf. 

* * * * * * * 

* * * * * 

[FR Doc. 2012–9604 Filed 4–19–12; 8:45 am] 

BILLING CODE 3210–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 111128700–2405–02] 

RIN 0648–BB66 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Recreational Accountability 

Measures 

AGENCY: National Marine Fisheries 

Service, National Oceanic and 

Atmospheric Administration, 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule removes the 

recreational accountability measures 

that were implemented in January 2012 

to address an overage of the fishing year 

2010 Gulf of Maine haddock sub-annual 

catch limit by the recreational fishery. 

Newly available data indicate that there 

was no overage by the recreational 

fishery for fishing year 2010. Therefore, 

possession limits and an increase in the 

minimum size for haddock caught in the 

Gulf of Maine by recreational anglers 

aboard private or charter/party vessels 

are no longer needed. 

DATES: Effective April 20, 2012. 

ADDRESSES: An analysis of the impacts 

of the accountability measures that are 

being removed by this action is 

included in the Final Environmental 

Impact Statement (FEIS) prepared for 

Amendment 16 to the Northeast (NE) 

Multispecies Fishery Management Plan 

(FMP). Copies of Amendment 16, its 

Regulatory Impact Review (RIR), and the 

FEIS are available from Paul J. Howard, 

Executive Director, New England 

Fishery Management Council, 50 Water 

Street, Mill 2, Newburyport, MA 01950. 

The FEIS/RIR is also accessible via the 

Internet at http://www.nefmc.org/ 

nemulti/index.html. 

FOR FURTHER INFORMATION CONTACT: 

Brett Alger, Fishery Management 

Specialist, (978) 675–2153, fax (978) 

281–9135. 

SUPPLEMENTARY INFORMATION: The final 

rule implementing Amendment 16 to 

the NE Multispecies FMP (75 FR 18262, 


tkelley on DSK3SPTVN1PROD with RULES
23634 Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations 

April 9, 2010) established a process to 

set and distribute ACLs among the 

various components of the groundfish 

fishery, which includes an allocation to 

the recreational fishery for Gulf of 

Maine (GOM) cod and haddock. 

Amendment 16 also established 

accountability measures (AMs) that 

would be implemented if any ACL is 

exceeded during a particular fishing 

year (FY). If the recreational fishery 

exceeds its sub-ACL for GOM cod or 

GOM haddock, NMFS is required to 

implement AMs to prevent the 

recreational fishery from exceeding the 

pertinent sub-ACL in time for the 

following fishing year. NMFS is 

required to develop these AMs in 

consultation with the New England 

Fishery Management Council (Council), 

and may consider adjustments to fishing 

seasons, minimum fish size, or 

possession limits to achieve the 

necessary reductions. The effective 

period of such measures can be 

modified through notice consistent with 

the Administrative Procedure Act if it is 

determined that such measures are not 

necessary to prevent overfishing or 

ensure that a similar overage does not 

occur during future fishing years. 

In FY 2010, the recreational fishery 

was allocated 324 mt of GOM haddock 

as part of Framework Adjustment 44 to 

the NE Multispecies FMP (April 9, 2010, 

75 FR 18356). Based on Marine 

Recreational Fishing Statistical Survey 

(MRFSS) data, the only available 

information at the time, NMFS 

determined that the recreational fishery 

caught 396.3 mt of GOM haddock 

during FY 2010. This represented an 

overage of 72.3 mt, or 22.3 percent of 

the FY 2010 GOM haddock recreational 

sub-ACL. After consulting with the 

Council and its Recreational Advisory 

Panel, NMFS published an interim final 

rule (76 FR 82197, December 30, 2011) 

that implemented a 9-fish possession 

limit (previously there was no 

constraint on possession) and increased 

the minimum fish size for haddock 

caught in the GOM Regulated Mesh 

Area from 18 in (45.72 cm) to 19 in 

(48.26 cm) total length. 

The Marine Recreational Information 

Program (MRIP), initiated in 2008, 

provides a new way of counting and 

reporting marine recreational catch and 

effort; due to improved statistical 

techniques, it results in less-biased and 

more-accurate data than MRFSS. 

Through the end of calendar year 2012, 

data already collected using MRFSS will 

be re-estimated using MRIP until a fill 

transition is completed for the 2013 

calendar year. Therefore, in 2012, NMFS 

will have both MRFSS and MRIP catch 

estimates. The MRIP data for the 

recreational GOM haddock catch 

became available at the beginning of 

2012, after the interim final rule to 

implement AMs was published on 

December 30, 2011. Using the MRIP 

data, NMFS determined that the 

recreational fishery only caught 297.4 

mt of GOM haddock during FY 2010, 

which is an underage of 26.6 mt, or 8.2 

percent of the FY 2010 GOM haddock 

recreational sub-ACL. Because the FY 

2010 recreational catch actually resulted 

in an underage, the AMs are no longer 

necessary. 

NMFS received 12 public comments 

during the 15-day comment period on 

the interim final rule implementing 

AMs, some specifically regarding the 

effectiveness and need for these 

measures to address haddock catch; the 

comments are summarized below. 

Additionally, on February 7, 2012, 

NMFS received a request from the 

Council to revisit the implemented 

GOM haddock AMs in light of the new 

MRIP information indicating that the 

recreational fishery did not exceed its 

sub-ACL for this stock. 

Given this new information, and after 

review of the public comments received 

on the interim final rule implementing 

the recreational AMs, NMFS is 

removing the 9-fish possession limit and 

the increased minimum fish size of 19 

in (48.26 cm) total length for haddock 

caught in the GOM Regulated Mesh 

Area. As a result of this action, as before 

implementation of the recreational AMs, 

there is no possession limit and the 

minimum size for haddock is 18 in 

(45.72 cm) total length. 

Comments 

Comments: NMFS received comments 

from 12 individuals. Seven individuals 

did not support the changes in 

possession limit or minimum fish size 

implemented by the interim final rule; 

no individuals wrote in support of the 

measures. Ten individuals commented 

on the data relied upon to approve the 

interim final rule measures and question 

whether economic impacts were 

considered prior to implementing the 

interim final rule. There were also 

several comments unrelated to the AMs 

implemented through the interim final 

rule and are therefore not relevant to 

this action. 

Response: In Amendment 16, the 

Council analyzed a series of potential 

AMs in the recreational fishery, such as 

possession limits and changes in the 

minimum fish size, including the 

measures implemented by the interim 

final rule. The economic impacts of 

potential AMs in the recreational fishery 

were analyzed in Sections 7.5.2.3.2.3 

and 7.5.2.3.6.3 of the Amendment 16 

FEIS. Until recently, MRFSS data was 

the best available scientific information 

to assess catch by recreational anglers 

and to determine whether or not an AM 

was needed to address an overage. 

However, MRIP data, which became 

available on January 23, 2012, after the 

recreation AMs were implemented on 

January 6, 2012, are the result of a less 

biased and more accurate method of 

counting and reporting recreational 

catch and effort than the previously 

used MRFSS data. Because MRIP data 

indicates that there was no overage in 

2010, the AMs are no longer necessary. 

NMFS is removing the AMs through this 

final rule. 

Classification 

The Acting Regional Administrator, 

Northeast Region, NMFS, determined 

that removing the management 

measures by this final rule is consistent 

with the Magnuson-Stevens Act and 

other applicable law. 

The Office of Management and Budget 

has determined that this rule is not 

significant for purposes of Executive 

Order 12866. 

A Regulatory Flexibility Act analysis 

was completed for Amendment 16 to 

the NE Multispecies FMP, which 

included the measures in place prior to 

the interim final rule and the measure 

implemented by the interim final rule. 

Removing the interim measures through 

this final rule does not require any 

additional RFA analysis. 

Pursuant to 5 U.S.C. 553(b)(3)(B), the 

Acting Assistant Administrator for 

Fisheries, NMFS, finds good cause to 

waive the requirements for prior notice 

and the opportunity for public comment 

for removing the AMs by this final rule 

because a delay in its effectiveness 

would be impracticable, unnecessary, 

and contrary to the public interest. The 

AMs implemented in the interim final 

rule were intended to address an 

overage of the FY 2010 GOM haddock 

sub-ACL by the recreational groundfish 

fishery. Because later data concluded 

that there was no overage, the AMs are 

no longer necessary. The recreational 

haddock fishing season begins in April, 

and removing the measures as early as 

possible will avoid unnecessary 

negative economic impacts to the 

charter/party vessel operators who 

derive income from the recreational 

haddock fishery. 

The Acting Assistant Administrator 

for Fisheries, NMFS, also finds good 

cause to waive the 30-day delayed 

effective requirement, pursuant to 

5 U.S.C. 553(d)(3). The possession limits 

and increased minimum fish size 

measures implemented in the interim 

final rule reduce potential landings and 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations 23635 

devalue recreational trips. Removing 

these restrictions in a timely way will 

avoid these unnecessary adverse 

economic impacts. The recreational 

fishing season, particularly for charter/ 

party vessels, begins in April of each 

year. NE multispecies charter/party 

operations advertise and try to book 

fishing trips prior to the start of their 

fishing season as part of their yearly 

business plans. Delaying the removal of 

the AMs by 30 days would complicate 

business plans currently being 

developed by charter/party operations, 

and prohibit them from effectively 

planning, advertising, and booking trips 

for the upcoming fishing season. 

Further, delays in removing the AMs for 

GOM haddock could result in business 

changes midway into the spring 

recreational fishing season, which could 

result in unanticipated negative 

economic impacts to charter/party 

vessel operators and associated 

supporting businesses due to confusion 

in applicable regulations, changes to 

advertisements, and potentially 

cancelled trips. Therefore, it is contrary 

to the public interest to unnecessarily 

delay the removal of the AMs, and good 

cause exists to waive the 30-day delayed 

effectiveness requirement. 

Finally, pursuant to 5 U.S.C. 

553(d)(1), this rule is exempt from the 

30-day delayed effectiveness 

requirement because it relieves 

restrictions. By removing the AMs 

originally implemented in the interim 

final rule, this rule will ease the burdens 

of the regulated community, and no 

legitimate reason exists to delay its 

effectiveness. 

This final rule does not contain 

policies with federalism or ‘‘takings’’ 

implications as those terms are defined 

in E.O. 13132 and E.O. 12630, 

respectively. 

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

Dated: April 17, 2012. 

Samuel D. Rauch III, 

Acting Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2012–9596 Filed 4–19–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 110707371–2136–02] 

RIN 0648–BB28 

Fisheries of the Northeastern United 

States; Atlantic Mackerel, Squid, and 

Butterfish Fisheries; Specifications 

and Management Measures; 

Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correction. 

SUMMARY: This action corrects an 

omission in the regulatory text in the 

final rule for 2012 Specifications for the 

Atlantic Mackerel, Squid, and Butterfish 

fisheries. 

DATES: Effective April 20, 2012. 

FOR FURTHER INFORMATION CONTACT: Aja 

Szumylo, Fishery Policy Analyst, 978– 

281–9195. 

SUPPLEMENTARY INFORMATION: 

Background 

The final rule to implement 2012 

specifications and management 

measures for the Atlantic mackerel and 

squid fisheries, and the interim final 

rule to implement 2012 butterfish 

fishery specifications was published in 

the Federal Register on March 21, 2011 

(77 FR 16472). This action established 

catch levels for the 2012 fishing year for 

mackerel and butterfish, established 

catch levels for the 2012–2014 fishing 

years for longfin squid and Illex squid, 

and includes minor adjustments to 

management measures for the mackerel 

and longfin squid fisheries. Details 

regarding the measures in the 2012 

specifications are in the final rule and 

are not repeated here. 

Need for Correction 

One of the management measure 

adjustments for mackerel provides that 

the commercial mackerel fishery be 

closed when 95 percent of the 

commercial quota (domestic annual 

harvest or DAH) has been caught. While 

the final rule revised the regulatory text 

regarding closures of the commercial 

fishery at 50 CFR 648.24(b)(1) to reflect 

this adjustment, regulatory text at 

§ 648.26 also includes references to the 

former closure threshold (90 percent) 

and was inadvertently not updated to 

reflect the change. This correction 

adjusts the regulatory text at § 648.26(a) 

to reflect the new 95-percent closure. If 

left uncorrected, the regulations at 

§ 648.26(a) would not match the 

adjustment to the closure threshold 

implemented in the final rule at 

§ 648.24(b)(1), and may be confusing to 

the public. This correction does not 

change the intent or application of the 

measures described in the proposed and 

final rule. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA) finds good cause 

under 5 U.S.C. 553(b)(B), to waive the 

requirement for prior notice and 

opportunity for public comment for this 

action because notice and comment 

would be unnecessary, impracticable, 

and contrary to the public interest. 

Notice and comment are unnecessary, 

impracticable, and contrary to the 

public interest because this action 

simply makes the text of the codified 

regulations consistent with the text in 

the final rule, and makes corrections to 

accurately reflect the intent of the final 

rule. This correction eliminates 

inconsistencies between the regulatory 

text contained in the final rule and the 

codified regulations, and therefore 

eliminates any confusion that the 

inconsistency might create for the 

public. No aspect of this action is 

controversial and no change in 

operating practices in the fishery is 

required from those intended in the 

final rule. 

For the same reasons, pursuant to 5 

U.S.C. 553(d), the AA finds good cause 

to waive the 30-day delay in effective 

date. If this rule is not implemented by 

April 20, 2012, the public will have 

conflicting information regarding the 

closure threshold used to close the 

mackerel fishery once the quota has 

been attained, which will cause 

confusion and would be inconsistent 

with the final rule. 

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. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 


tkelley on DSK3SPTVN1PROD with RULES