83_FR_25049 83 FR 24944 - Snapper-Grouper Fishery of the South Atlantic; 2018 Commercial Accountability Measure and Closure for South Atlantic Yellowtail Snapper

83 FR 24944 - Snapper-Grouper Fishery of the South Atlantic; 2018 Commercial Accountability Measure and Closure for South Atlantic Yellowtail Snapper

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 105 (May 31, 2018)

Page Range24944-24945
FR Document2018-11665

NMFS implements an accountability measure (AM) for the commercial sector for yellowtail snapper in the South Atlantic exclusive economic zone (EEZ). NMFS projects that commercial landings of yellowtail snapper will reach the commercial annual catch limit (ACL) for the August 2017 through July 2018 fishing year by June 5, 2018. Therefore, NMFS closes the commercial sector for yellowtail snapper in the South Atlantic EEZ on June 5, 2018, and it will remain closed until August 1, 2018, the start of the August 2018 through July 2019 fishing year. This closure is necessary to protect the South Atlantic yellowtail snapper resource.

Federal Register, Volume 83 Issue 105 (Thursday, May 31, 2018) 
[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Rules and Regulations]
[Pages 24944-24945]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11665]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100812345-2142-03]
RIN 0648-XG253


Snapper-Grouper Fishery of the South Atlantic; 2018 Commercial 
Accountability Measure and Closure for South Atlantic Yellowtail 
Snapper

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements an accountability measure (AM) for the 
commercial sector for yellowtail snapper in the South Atlantic 
exclusive economic zone (EEZ). NMFS projects that commercial landings 
of yellowtail snapper will reach the commercial annual catch limit 
(ACL) for the August 2017 through July 2018 fishing year by June 5, 
2018. Therefore, NMFS closes the commercial sector for yellowtail 
snapper in the South Atlantic EEZ on June 5, 2018, and it will remain 
closed until August 1, 2018, the start of the August 2018 through July 
2019 fishing year. This closure is necessary to protect the South 
Atlantic yellowtail snapper resource.

DATES: This rule is effective at 12:01 a.m., local time, June 5, 2018, 
until 12:01 a.m., local time, August 1, 2018.

FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes yellowtail snapper and is managed under the Fishery 
Management Plan for the Snapper-Grouper Fishery of the South Atlantic 
Region (FMP). The FMP was prepared by the South Atlantic Fishery 
Management Council and is implemented by NMFS under the authority of 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
    The yellowtail snapper commercial ACL is 1,596,510 lb (724,165 kg), 
round weight, as specified in 50 CFR 622.193(n)(1)(i). The yellowtail 
snapper fishing year is August 1 through July 31, as specified in 50 
CFR 622.7(f). Under 50 CFR 622.193(n)(1)(i), NMFS is required to close 
the yellowtail snapper commercial sector when the commercial ACL has 
been reached, or is projected to be reached, by filing a notification 
to that effect with the Office of the Federal Register. NMFS has 
projected that the yellowtail snapper commercial sector will reach its 
ACL on June 5, 2018. Therefore, this temporary rule implements an AM to 
close the yellowtail snapper commercial sector in the South Atlantic 
EEZ, effective from 12:01 a.m., local time, June 5, 2018, until August 
1, 2018, the start of the 2018-2019 fishing year.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having yellowtail snapper on board must 
have landed and bartered, traded, or sold such species prior to June 5, 
2018. During the commercial closure, all sale or purchase of yellowtail 
snapper from the South Atlantic EEZ is prohibited. The harvest or 
possession of yellowtail snapper in of from the South Atlantic EEZ is 
limited to the bag limit specified in 50 CFR 622.187(b)(4) and the 
possession limits specified in 50 CFR 622.187(c). These bag and 
possession limits apply on board a vessel for which a valid Federal 
commercial or charter vessel/headboat permit for South Atlantic 
snapper-grouper has been issued, regardless of whether such

[[Page 24945]]

species were harvested in state or Federal waters.

Classification

    The Regional Administrator for the NMFS Southeast Region has 
determined this temporary rule is necessary for the conservation and 
management of South Atlantic yellowtail snapper and is consistent with 
the Magnuson-Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.193(n)(1)(i) and is exempt 
from review under Executive Order 12866.
    These measures are exempt from the procedures of the Regulatory 
Flexibility Act because the temporary rule is issued without 
opportunity for prior notice and comment.
    This action responds to the best scientific information available. 
The Assistant Administrator for NOAA Fisheries (AA) finds that the need 
to immediately implement this action to close the yellowtail snapper 
commercial sector constitutes good cause to waive the requirements to 
provide prior notice and opportunity for public comment pursuant to the 
authority set forth in 5 U.S.C. 553(b)(B), as such procedures are 
unnecessary and contrary to the public interest. Such procedures are 
unnecessary because the rule implementing the AM has been subject to 
notice and comment, and all that remains is to notify the public of the 
closure. Such procedures are contrary to the public interest because 
there is a need to immediately implement this action to protect the 
yellowtail snapper resource, as the capacity of the fishing fleet 
allows for rapid harvest of the commercial ACL. Prior notice and 
opportunity for public comment would require time and could result in a 
harvest well in excess of the established commercial ACL.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in the effectiveness of this action under 5 
U.S.C. 553(d)(3).

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

    Dated: May 25, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-11665 Filed 5-30-18; 8:45 am]
 BILLING CODE 3510-22-P

24944 Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Rules and Regulations under FFDCA section 408(d), such as Dated: May 22, 2018. August 2018 through July 2019 fishing the temporary tolerance exemption in Robert McNally, year. This closure is necessary to protect this final rule, do not require the Director, Biopesticides and Pollution the South Atlantic yellowtail snapper issuance of a proposed rule, the Prevention Division, Office of Pesticide resource. requirements of the Regulatory Programs. DATES: This rule is effective at 12:01 Flexibility Act (RFA) (5 U.S.C. 601 et Therefore, 40 CFR chapter I is a.m., local time, June 5, 2018, until seq.), do not apply. amended as follows: 12:01 a.m., local time, August 1, 2018. This action directly regulates growers, PART 174—[AMENDED] FOR FURTHER INFORMATION CONTACT: food processors, food handlers, and food Mary Vara, NMFS Southeast Regional retailers, not States or tribes, nor does ■ 1. The authority citation for part 174 Office, telephone: 727–824–5305, email: this action alter the relationships or continues to read as follows: mary.vara@noaa.gov. distribution of power and Authority: 21 U.S.C. 321(q), 346a and 371. SUPPLEMENTARY INFORMATION: The responsibilities established by Congress snapper-grouper fishery of the South in the preemption provisions of FFDCA ■ 2. Revise § 174.535 to read as follows: Atlantic includes yellowtail snapper section 408(n)(4). As such, the Agency § 174.535 Spinach Defensin proteins; and is managed under the Fishery has determined that this action will not temporary exemption from the requirement Management Plan for the Snapper- have a substantial direct effect on States of a tolerance. Grouper Fishery of the South Atlantic or tribal governments, on the Residues of the defensin proteins Region (FMP). The FMP was prepared relationship between the national SoD2, SoD2*, SoD7, and SoD8 derived by the South Atlantic Fishery government and the States or tribal from spinach (Spinacia oleracea L.) in Management Council and is governments, or on the distribution of or on citrus food commodities are implemented by NMFS under the power and responsibilities among the temporarily exempt from the authority of the Magnuson-Stevens various levels of government or between requirement of a tolerance when used as Fishery Conservation and Management the Federal Government and Indian a plant-incorporated protectant in citrus Act (Magnuson-Stevens Act) by tribes. Thus, the Agency has determined plants in accordance with the terms of regulations at 50 CFR part 622. that Executive Order 13132, entitled Experimental Use Permit No. 88232– The yellowtail snapper commercial ‘‘Federalism’’ (64 FR 43255, August 10, EUP–1. This temporary exemption from ACL is 1,596,510 lb (724,165 kg), round the requirement of a tolerance expires weight, as specified in 50 CFR 1999) and Executive Order 13175, on May 31, 2021. 622.193(n)(1)(i). The yellowtail snapper entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR [FR Doc. 2018–11750 Filed 5–30–18; 8:45 am] fishing year is August 1 through July 31, 67249, November 9, 2000) do not apply BILLING CODE 6560–50–P as specified in 50 CFR 622.7(f). Under to this action. In addition, this action 50 CFR 622.193(n)(1)(i), NMFS is required to close the yellowtail snapper does not impose any enforceable duty or DEPARTMENT OF COMMERCE commercial sector when the commercial contain any unfunded mandate as ACL has been reached, or is projected to described under Title II of the Unfunded National Oceanic and Atmospheric be reached, by filing a notification to Mandates Reform Act (UMRA) (2 U.S.C. Administration that effect with the Office of the Federal 1501 et seq.). Register. NMFS has projected that the This action does not involve any 50 CFR Part 622 yellowtail snapper commercial sector technical standards that would require will reach its ACL on June 5, 2018. [Docket No. 100812345–2142–03] Agency consideration of voluntary Therefore, this temporary rule consensus standards pursuant to section RIN 0648–XG253 implements an AM to close the 12(d) of the National Technology yellowtail snapper commercial sector in Snapper-Grouper Fishery of the South the South Atlantic EEZ, effective from Transfer and Advancement Act Atlantic; 2018 Commercial 12:01 a.m., local time, June 5, 2018, (NTTAA) (15 U.S.C. 272 note). Accountability Measure and Closure until August 1, 2018, the start of the V. Congressional Review Act for South Atlantic Yellowtail Snapper 2018–2019 fishing year. Pursuant to the Congressional Review AGENCY: National Marine Fisheries The operator of a vessel with a valid Act (5 U.S.C. 801 et seq.), EPA will Service (NMFS), National Oceanic and commercial vessel permit for South Atmospheric Administration (NOAA), Atlantic snapper-grouper having submit a report containing this rule and Commerce. yellowtail snapper on board must have other required information to the U.S. ACTION: Temporary rule; closure. landed and bartered, traded, or sold Senate, the U.S. House of such species prior to June 5, 2018. Representatives, and the Comptroller SUMMARY: NMFS implements an During the commercial closure, all sale General of the United States prior to accountability measure (AM) for the or purchase of yellowtail snapper from publication of the rule in the Federal commercial sector for yellowtail the South Atlantic EEZ is prohibited. Register. This action is not a ‘‘major snapper in the South Atlantic exclusive The harvest or possession of yellowtail rule’’ as defined by 5 U.S.C. 804(2). economic zone (EEZ). NMFS projects snapper in of from the South Atlantic List of Subjects in 40 CFR Part 174 that commercial landings of yellowtail EEZ is limited to the bag limit specified snapper will reach the commercial in 50 CFR 622.187(b)(4) and the pmangrum on DSK30RV082PROD with RULES Environmental protection, annual catch limit (ACL) for the August possession limits specified in 50 CFR Administrative practice and procedure, 2017 through July 2018 fishing year by 622.187(c). These bag and possession Agricultural commodities, Pesticides June 5, 2018. Therefore, NMFS closes limits apply on board a vessel for which and pests, Reporting and recordkeeping the commercial sector for yellowtail a valid Federal commercial or charter requirements. snapper in the South Atlantic EEZ on vessel/headboat permit for South June 5, 2018, and it will remain closed Atlantic snapper-grouper has been until August 1, 2018, the start of the issued, regardless of whether such VerDate Sep<11>2014 14:57 May 30, 2018 Jkt 244001 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 E:\FR\FM\31MYR1.SGM 31MYR1

Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Rules and Regulations 24945 species were harvested in state or DEPARTMENT OF COMMERCE flounder, scup, and black sea bass Federal waters. permits, regardless of where they fish, National Oceanic and Atmospheric unless the state in which they land Classification Administration implements measures that are more The Regional Administrator for the restrictive. These measures are intended 50 CFR Part 648 to achieve, but not exceed, the NMFS Southeast Region has determined previously established 2018 recreational this temporary rule is necessary for the [Docket No. 180220193–8488–02] harvest limits established in a final rule conservation and management of South RIN 0648–BH79 published on December 22, 2017 (82 FR Atlantic yellowtail snapper and is 60682). consistent with the Magnuson-Stevens Fisheries of the Northeastern United Act and other applicable laws. States; Recreational Management 2018 Summer Flounder Recreational Measures for the Summer Flounder, Management Measures This action is taken under 50 CFR 622.193(n)(1)(i) and is exempt from Scup, and Black Sea Bass Fisheries; NMFS is implementing conservation review under Executive Order 12866. Fishing Year 2018 equivalency to manage the 2018 summer flounder recreational fishery, as These measures are exempt from the AGENCY: National Marine Fisheries proposed on April 11, 2018 (83 FR procedures of the Regulatory Flexibility Service (NMFS), National Oceanic and 15535). These measures are consistent Act because the temporary rule is issued Atmospheric Administration (NOAA), with the recommendation of the Council without opportunity for prior notice and Commerce. and Commission. Additional comment. ACTION: Final rule. information on the development of This action responds to the best these measures is provided in the SUMMARY: NMFS announces proposed rule and not repeated here. scientific information available. The management measures for the 2018 Conservation equivalency, as Assistant Administrator for NOAA summer flounder, scup, and black sea Fisheries (AA) finds that the need to established by Framework Adjustment 2 bass recreational fisheries. The (July 29, 2001; 66 FR 36208), allows immediately implement this action to implementing regulations for these each state to establish its own close the yellowtail snapper commercial fisheries require NMFS to publish recreational management measures sector constitutes good cause to waive recreational measures for the fishing (possession limits, minimum fish size, the requirements to provide prior notice year. The intent of these measures is to and fishing seasons) to achieve its state and opportunity for public comment constrain recreational catch to harvest limit established by the pursuant to the authority set forth in 5 established limits and prevent Commission from the coastwide U.S.C. 553(b)(B), as such procedures are overfishing of summer flounder, scup, recreational harvest limit, as long as the unnecessary and contrary to the public and black sea bass. combined effect of all of the states’ interest. Such procedures are DATES: This rule is effective May 31, management measures achieves the unnecessary because the rule 2018. same level of conservation as Federal implementing the AM has been subject coastwide measures. Framework ADDRESSES: Copies of the to notice and comment, and all that Adjustment 6 (July 26, 2006; 71 FR Environmental Assessment (EA) and remains is to notify the public of the 42315) allowed states to form regions for other supporting documents for the closure. Such procedures are contrary to conservation equivalency in order to recreational harvest measures are the public interest because there is a minimize differences in regulations for available from Dr. Christopher M. anglers fishing in adjacent waters. need to immediately implement this Moore, Executive Director, Mid-Atlantic action to protect the yellowtail snapper The Commission is maintaining the Fishery Management Council, Suite 201, provisions of Addendum XXVIII to its resource, as the capacity of the fishing 800 N. State Street, Dover, DE 19901. fleet allows for rapid harvest of the fishery management plan (FMP), which The recreational harvest measures continues regional conservation commercial ACL. Prior notice and document is also accessible via the equivalency for fishing year 2018. The opportunity for public comment would internet at: http://www.mafmc.org/s/ Commission maintained regions that are require time and could result in a 2018-sf-bsb-rec-measures-EA.pdf. consistent with those in place since harvest well in excess of the established FOR FURTHER INFORMATION CONTACT: 2016: (1) Massachusetts; (2) Rhode commercial ACL. Emily Gilbert, Fishery Policy Analyst, Island; (3) Connecticut and New York; For the aforementioned reasons, the (978) 281–9244. (4) New Jersey; (5) Delaware, Maryland, AA also finds good cause to waive the SUPPLEMENTARY INFORMATION: and Virginia; and (6) North Carolina. 30-day delay in the effectiveness of this The Commission’s Summer Flounder Summary of Management Measures Management Board specified any action under 5 U.S.C. 553(d)(3). In this rule, NMFS specifies adjustments to state measures in 2018 Authority: 16 U.S.C. 1801 et seq. management measures for the 2018 should result in no more than a 17- Dated: May 25, 2018. summer flounder, scup, and black sea percent liberalization in coastwide Jennifer M. Wallace, bass recreational fisheries consistent harvest relative to the projected 2017 Acting Director, Office of Sustainable with the recommendations of the Mid- harvest of 3.23 million lb (1,465 mt), the Fisheries, National Marine Fisheries Service. Atlantic Fishery Management Council harvest estimate available at the [FR Doc. 2018–11665 Filed 5–30–18; 8:45 am] (Council) and the Atlantic States Marine December 2017 meeting. The Board pmangrum on DSK30RV082PROD with RULES BILLING CODE 3510–22–P Fisheries Commission (Commission). specified this maximum liberalization NMFS is establishing measures that due to concerns about the status of the would apply in the Federal waters of the summer flounder stock, as well as exclusive economic zone (EEZ). concerns that harvest estimates for 2017 Additionally, these measures apply to appeared to be anomalously low in all Federally permitted party/charter terms of effort and landings. The cap on vessels with applicable summer liberalization is to address concerns that VerDate Sep<11>2014 14:57 May 30, 2018 Jkt 244001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 E:\FR\FM\31MYR1.SGM 31MYR1


Document Created: 2018-05-31 00:48:31
Document Modified: 2018-05-31 00:48:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionTemporary rule; closure.
DatesThis rule is effective at 12:01 a.m., local time, June 5, 2018, until 12:01 a.m., local time, August 1, 2018.
ContactMary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation83 FR 24944 
RIN Number0648-XG25
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