83 FR 41018 - Snapper-Grouper Fishery of the South Atlantic; 2018 Commercial Accountability Measure and Closure for the Other Jacks Complex
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 160 (August 17, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 160 (August 17, 2018)
| Page Range | 41018-41019 | |
| FR Document | 2018-17719 |
[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)] [Rules and Regulations] [Pages 41018-41019] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17719] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 120815345-3525-02] RIN 0648-XG420 Snapper-Grouper Fishery of the South Atlantic; 2018 Commercial Accountability Measure and Closure for the Other Jacks Complex AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements an accountability measure (AM) for the Other Jacks Complex commercial sector in the exclusive economic zone (EEZ) of the South Atlantic for the 2018 fishing year through this temporary rule. The Other Jacks Complex is composed of the lesser amberjack, almaco jack, and banded rudderfish. NMFS projects that commercial landings of the Other Jacks Complex will reach the combined commercial annual catch limit (ACL) by August 22, 2018. Therefore, NMFS closes the commercial sector for this complex in the South Atlantic EEZ, on August 22, 2018, and it will remain closed until the start of the next fishing year on January 1, 2019. This closure is [[Page 41019]] necessary to protect the lesser amberjack, almaco jack, and banded rudderfish resources. DATES: This temporary rule is effective at 12:01 a.m., local time, on August 22, 2018, until 12:01 a.m., local time, on January 1, 2019. 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 lesser amberjack, almaco jack, and banded rudderfish, which combined are the Other Jacks Complex. The Other Jacks Complex 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 combined commercial ACL for the Other Jacks Complex is 189,422 lb (85,920 kg), round weight. Under 50 CFR 622.193(l)(1)(i), NMFS is required to close the commercial sector for the Other Jacks Complex 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 determined that the commercial sector for this complex is projected to reach its ACL by August 22, 2018. Therefore, this temporary rule implements an AM to close the commercial sector for the Other Jacks Complex in the South Atlantic, effective at 12:01 a.m., local time, on August 22, 2018. The operator of a vessel with a valid commercial permit for South Atlantic snapper-grouper having lesser amberjack, almaco jack, or banded rudderfish on board must have landed and bartered, traded, or sold such species prior to 12:01 a.m., local time, on August 22, 2018. During the commercial closure, the recreational bag limit specified in 50 CFR 622.187(b)(8) and the possession limits specified in 50 CFR 622.187(c) apply to all harvest or possession of lesser amberjack, almaco jack, or banded rudderfish in or from the South Atlantic EEZ, while the recreational sector is open. These recreational bag and possession limits apply in the South Atlantic 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 species were harvested in state or Federal waters. During the commercial closure, the sale or purchase of lesser amberjack, almaco jack, or banded rudderfish taken from the South Atlantic EEZ is prohibited. Classification The Regional Administrator for the NMFS Southeast Region has determined this temporary rule is necessary for the conservation and management of the fish in the Other Jacks Complex, a component of the South Atlantic snapper-grouper fishery, and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.193(l)(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 public 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 commercial sector for the Other Jacks Complex 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 itself 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 of the need to immediately implement this action to protect the species in the Other Jacks Complex, since 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 would potentially 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: August 13, 2018. Margo B. Schulze-Haugen, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-17719 Filed 8-16-18; 8:45 am] BILLING CODE 3510-22-P
![41018 Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Rules and Regulations
to statute, 7 U.S.C. 1501 et seq. (the (4) In Rule 2(d)(1) (48 CFR Agriculture to request the appropriate
Federal Crop Insurance Act), and 6101.2(d)(1)), an appeal from a United States Attorney to apply to the
regulation, 7 CFR 24.4(b) and 400.169. determination of a Deputy appropriate United States District Court
The Board has this authority under an Administrator shall be filed no later for the issuance of subpoenas pursuant
agreement with the Secretary of than 90 calendar days after the date the to 5 U.S.C. 304.
Agriculture, as permitted under section appellant receives that determination. (g) Rule 25 (48 CFR 6101.25). In Rule
42(c)(2) of the Office of Federal The Board is authorized to resolve only 25(a) (48 CFR 6101.25(a)), the phrase,
Procurement Policy Act, 41 U.S.C. those appeals that are timely filed. ‘‘except as allowed by Rule 52,’’ does
438(c)(2). (5) In Rule 2(d)(2) (48 CFR not apply to FCIC cases.
6101.2(d)(2)), an appeal may be filed (h) Rule 32 (48 CFR 6101.32). Rule 32
6102.202 Rules for crop insurance cases with the Board if the Deputy (a) through (c) (48 CFR 6101.32(a)
[Rule 202].
Administrator fails or refuses to issue a through (c)) are replaced with the
The rules of procedure for these cases determination within 90 days after the following for FCIC cases:
are the same as the rules of procedure appellant submits a request for a (1) Finality of Board decision. A
for Contract Disputes Act appeals, with determination. decision of the Board is a final
these exceptions: (c) Rule 4 (48 CFR 6101.4). (1) In Rule administrative decision.
(a) Rule 1(b)(48 CFR 6101.1(b)). (1) 4, the references to ‘‘contracting officer’’ (2) Appeal permitted. An appellant
The term ‘‘appeal’’ means a dispute are references to ‘‘Deputy may file suit in the appropriate United
between an insurance company that is Administrator.’’ States District Court to challenge the
a party to a Standard Reinsurance (2) In Rule 4(a), paragraphs (1) Board’s decision. An appellant filing
Agreement (or other reinsurance through (7) (48 CFR 6101.4(a)(1) through such a suit shall provide the Board with
agreement) and the RMA, and the term (7)), describing materials included in a copy of the complaint.
‘‘appellant’’ means the insurance the appeal file, are replaced by the (i) Rule 52 (48 CFR 6101.52). Rule 52
company filing an appeal. following: does not apply to FCIC cases.
(2) A notice of appeal is filed upon its (i) The determination of the Deputy (j) Rule 53 (48 CFR 6101.52). Rule 53
receipt by the Office of the Clerk of the Administrator that is the subject of the does not apply to FCIC cases.
Board, not when it is mailed. dispute; [FR Doc. 2018–17213 Filed 8–16–18; 8:45 am]
(3) The terms ‘‘petition’’ and (ii) The reinsurance agreement (with
BILLING CODE 6820–AL–P
‘‘petitioner’’ do not apply to FCIC cases. amendments or modifications) at issue
(b) Rule 2 (48 CFR 6101.2). (1) Rule in the dispute;
(iii) Pertinent correspondence
2(a) (48 CFR 6101.2(a)) is replaced with DEPARTMENT OF COMMERCE
between the parties that is relevant to
the following for FCIC cases: A notice of
the dispute, including prior
appeal shall be in writing and shall be National Oceanic and Atmospheric
administrative determinations and
signed by the appellant or by the Administration
related submissions;
appellant’s attorney or authorized (iv) Documents and other tangible
representative. If the appeal is from a materials on which the Deputy
50 CFR Part 622
determination by the Deputy Administrator relied in making the [Docket No. 120815345–3525–02]
Administrator of Insurance Services underlying determination; and
regarding an action alleged not to be in RIN 0648–XG420
(v) Any additional material pertinent
accordance with the provisions of a to the authority of the Board or the
Standard Reinsurance Agreement (or Snapper-Grouper Fishery of the South
resolution of the dispute. Atlantic; 2018 Commercial
other reinsurance agreement), or if the (3) The following subsection is added
appeal is from a determination by the Accountability Measure and Closure
to Rule 4 (48 CFR 6101.4): Media on for the Other Jacks Complex
Deputy Administrator of Compliance which appeal file is to be submitted. All
concerning a determination regarding a appeal file submissions, including the AGENCY: National Marine Fisheries
compliance matter, the notice of appeal index, shall be submitted in two forms: Service (NMFS), National Oceanic and
should describe the determination in Paper and in a text or .pdf format Atmospheric Administration (NOAA),
enough detail to enable the Board to submitted on a compact disk. Each Commerce.
differentiate that decision from any compact disk shall be labeled with the ACTION: Temporary rule; closure.
other; the appellant can satisfy this name and docket number of the case.
requirement by attaching to the notice of The judge may delay the submission of SUMMARY: NMFS implements an
appeal a copy of the Deputy the compact disk copy of the appeal file accountability measure (AM) for the
Administrator’s determination. If an until the close of the evidentiary record. Other Jacks Complex commercial sector
appeal is taken from the failure of the (d) Rule 5 (48 CFR 6101.5). In Rule in the exclusive economic zone (EEZ) of
Deputy Administrator to make a timely 5(a)(2) (48 CFR 6101.5(a)(2)), the the South Atlantic for the 2018 fishing
determination, the notice of appeal references to ‘‘contracting officer’’ are year through this temporary rule. The
should describe in detail the matter that references to ‘‘Deputy Administrator.’’ Other Jacks Complex is composed of the
the Deputy Administrator has failed to (e) Rule 15 (48 CFR 6101.15). In Rule lesser amberjack, almaco jack, and
determine; the appellant can satisfy this 15(c) (48 CFR 6101.15(c)), the final banded rudderfish. NMFS projects that
requirement by attaching to the notice of sentence does not apply to FCIC cases. commercial landings of the Other Jacks
appeal a copy of the written request for (f) Rule 16 (48 CFR 6101.16). Rules 16 Complex will reach the combined
a determination it sent to the Deputy (b) through (h) (48 CFR 6101.16(b) commercial annual catch limit (ACL) by
daltland on DSKBBV9HB2PROD with RULES
Administrator. through (h)) do not apply to FCIC cases. August 22, 2018. Therefore, NMFS
(2) In Rule 2(a) (48 CFR 6101.2(a)), the Instead, upon the written request of any closes the commercial sector for this
references to ‘‘contracting officer’’ are party filed with the Office of the Clerk complex in the South Atlantic EEZ, on
references to ‘‘Deputy Administrator.’’ of the Board, or upon the initiative of a August 22, 2018, and it will remain
(3) Rule 2(b) (48 CFR 6101.2(b)) does judge, a judge is authorized by closed until the start of the next fishing
not apply to FCIC cases. delegation from the Secretary of year on January 1, 2019. This closure is
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![Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Rules and Regulations 41019
necessary to protect the lesser whether such species were harvested in DEPARTMENT OF COMMERCE
amberjack, almaco jack, and banded state or Federal waters. During the
rudderfish resources. commercial closure, the sale or National Oceanic and Atmospheric
DATES: This temporary rule is effective purchase of lesser amberjack, almaco Administration
at 12:01 a.m., local time, on August 22, jack, or banded rudderfish taken from
2018, until 12:01 a.m., local time, on the South Atlantic EEZ is prohibited. 50 CFR Part 679
January 1, 2019.
Classification [Docket No. 170816769–8162–02]
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional The Regional Administrator for the
Office, telephone: 727–824–5305, email: NMFS Southeast Region has determined RIN 0648–XG402
mary.vara@noaa.gov. this temporary rule is necessary for the
Fisheries of the Exclusive Economic
SUPPLEMENTARY INFORMATION: The conservation and management of the
Zone Off Alaska; Sablefish in the West
snapper-grouper fishery of the South fish in the Other Jacks Complex, a
Yakutat District of the Gulf of Alaska
Atlantic includes lesser amberjack, component of the South Atlantic
almaco jack, and banded rudderfish, snapper-grouper fishery, and is AGENCY: National Marine Fisheries
which combined are the Other Jacks consistent with the Magnuson-Stevens Service (NMFS), National Oceanic and
Complex. The Other Jacks Complex is Act and other applicable laws. Atmospheric Administration (NOAA),
managed under the Fishery This action is taken under 50 CFR Commerce.
Management Plan for the Snapper- 622.193(l)(1)(i) and is exempt from ACTION: Temporary rule; closure.
Grouper Fishery of the South Atlantic review under Executive Order 12866.
Region (FMP). The FMP was prepared SUMMARY: NMFS is prohibiting retention
by the South Atlantic Fishery These measures are exempt from the of sablefish by vessels using trawl gear
Management Council and is procedures of the Regulatory Flexibility in the West Yakutat District of the Gulf
implemented by NMFS under the Act because the temporary rule is issued of Alaska (GOA). This action is
authority of the Magnuson-Stevens without opportunity for prior notice and necessary because the 2018 total
Fishery Conservation and Management public comment. allowable catch of sablefish allocated to
Act (Magnuson-Stevens Act) by This action responds to the best vessels using trawl gear in the West
regulations at 50 CFR part 622. scientific information available. The Yakutat District of the GOA will be
The combined commercial ACL for Assistant Administrator for NOAA reached.
the Other Jacks Complex is 189,422 lb Fisheries (AA) finds that the need to DATES: Effective 1200 hours, Alaska
(85,920 kg), round weight. Under 50 immediately implement this action to local time (A.l.t.), August 14, 2018,
CFR 622.193(l)(1)(i), NMFS is required close the commercial sector for the through 2400 hours, A.l.t., December 31,
to close the commercial sector for the Other Jacks Complex constitutes good 2018.
Other Jacks Complex when the cause to waive the requirements to
commercial ACL has been reached, or is FOR FURTHER INFORMATION CONTACT:
provide prior notice and opportunity for
projected to be reached, by filing a Steve Whitney, 907–586–7228.
public comment pursuant to the
notification to that effect with the Office authority set forth in 5 U.S.C. 553(b)(B), SUPPLEMENTARY INFORMATION: NMFS
of the Federal Register. NMFS has as such procedures are unnecessary and manages the groundfish fishery in the
determined that the commercial sector contrary to the public interest. Such GOA exclusive economic zone
for this complex is projected to reach its procedures are unnecessary because the according to the Fishery Management
ACL by August 22, 2018. Therefore, this rule implementing the AM itself has Plan for Groundfish of the Gulf of
temporary rule implements an AM to been subject to notice and comment, Alaska (FMP) prepared by the North
close the commercial sector for the and all that remains is to notify the Pacific Fishery Management Council
Other Jacks Complex in the South public of the closure. Such procedures under authority of the Magnuson-
Atlantic, effective at 12:01 a.m., local are contrary to the public interest Stevens Fishery Conservation and
time, on August 22, 2018. because of the need to immediately Management Act. Regulations governing
The operator of a vessel with a valid implement this action to protect the fishing by U.S. vessels in accordance
commercial permit for South Atlantic species in the Other Jacks Complex, with the FMP appear at subpart H of 50
snapper-grouper having lesser since the capacity of the fishing fleet CFR part 600 and 50 CFR part 679.
amberjack, almaco jack, or banded allows for rapid harvest of the The 2018 total allowable catch (TAC)
rudderfish on board must have landed commercial ACL. Prior notice and of sablefish allocated to vessels using
and bartered, traded, or sold such opportunity for public comment would trawl gear in the West Yakutat District
species prior to 12:01 a.m., local time, require time and would potentially of the GOA is 240 metric tons (mt) as
on August 22, 2018. During the result in a harvest well in excess of the established by the final 2018 and 2019
commercial closure, the recreational bag established commercial ACL. harvest specifications for groundfish of
limit specified in 50 CFR 622.187(b)(8) the GOA (83 FR 8768, March 1, 2018).
and the possession limits specified in 50 For the aforementioned reasons, the In accordance with § 679.20(d)(2), the
CFR 622.187(c) apply to all harvest or AA also finds good cause to waive the Administrator, Alaska Region, NMFS
possession of lesser amberjack, almaco 30-day delay in the effectiveness of this (Regional Administrator), has
jack, or banded rudderfish in or from action under 5 U.S.C. 553(d)(3). determined that the 2018 TAC of
the South Atlantic EEZ, while the Authority: 16 U.S.C. 1801 et seq. sablefish allocated to vessels using trawl
recreational sector is open. These gear in the West Yakutat District of the
daltland on DSKBBV9HB2PROD with RULES
Dated: August 13, 2018.
recreational bag and possession limits GOA will be reached. Therefore, NMFS
apply in the South Atlantic on board a Margo B. Schulze-Haugen, is requiring that sablefish caught by
vessel for which a valid Federal Acting Director, Office of Sustainable vessels using trawl gear in the West
commercial or charter vessel/headboat Fisheries, National Marine Fisheries Service. Yakutat District of the GOA be treated
permit for South Atlantic snapper- [FR Doc. 2018–17719 Filed 8–16–18; 8:45 am] as prohibited species in accordance
grouper has been issued, regardless of BILLING CODE 3510–22–P with § 679.21(b).
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Document Created: 2018-08-17 03:25:21
Document Modified: 2018-08-17 03:25:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; closure. | |
| Dates | This temporary rule is effective at 12:01 a.m., local time, on August 22, 2018, until 12:01 a.m., local time, on January 1, 2019. | |
| Contact | Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 83 FR 41018 | |
| RIN Number | 0648-XG42 |
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