Daily Rules, Proposed Rules, and Notices of the Federal Government
NMFS published a final rule in the
For 2012, the initial Winter II quota is 4,448,627 lb (2,018 mt), and the best available landings information indicates that 7,186,694 lb (3,259 mt) remain of the Winter I quota of 12,589,558 lb (5,710 mt). Consistent with the intent of Framework 3, the full amount of unused 2012 Winter I quota is transferred to Winter II, resulting in a revised 2012 Winter II quota of 11,635,321 lb (5,277 mt). Because the amount transferred is greater than 2,000,000 lb (907 mt), the possession limit per trip will increase to 8,000 lb (3,629 kg) during the Winter II quota period, consistent with the final rule Winter I to Winter II possession limit increase table published in the 2012 final scup specifications Table 3, (77 FR 24151, April 23, 2012).
This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA (AA), finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment on this in-season adjustment because it is impracticable and contrary to the public interest. The landings data upon which this action is based are not available on a real-time basis and were compiled only a short time before the determination was made that this action is warranted. If implementation of this in-season action is delayed to solicit prior public comment, the objective of the fishery management plan to achieve the optimum yield from the fishery could be compromised; deteriorating weather conditions during the later part of the fishery year will reduce fishing effort and could result in the annual quota from being fully harvested. This would conflict with the agency's legal obligation under the Magnuson-Stevens Fishery Conservation and Management Act to achieve the optimum yield from a fishery on a continuing basis, resulting in a negative economic impact on vessels permitted to fish in this fishery.
16 U.S.C. 1801