83 FR 4849 - Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fishery; 2018 Atlantic Deep-Sea Red Crab Specifications
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 23 (February 2, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 23 (February 2, 2018)
| Page Range | 4849-4850 | |
| FR Document | 2018-02148 |
[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)] [Rules and Regulations] [Pages 4849-4850] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02148] [[Page 4849]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 160920861-8031-03] RIN 0648-XE900 Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fishery; 2018 Atlantic Deep-Sea Red Crab Specifications AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are implementing specifications for the 2018 Atlantic deep- sea red crab fishery, including an annual catch limit and total allowable landings limit. This action is necessary to implement allowable red crab harvest levels that will prevent overfishing and allow harvesting of optimum yield. This action is intended to establish the allowable 2018 harvest levels, consistent with the Atlantic Deep- Sea Red Crab Fishery Management Plan. DATES: The final specifications for the 2018 Atlantic deep-sea red crab fishery are effective March 5, 2018, through February 28, 2019. FOR FURTHER INFORMATION CONTACT: Allison Murphy, Fishery Policy Analyst, (978) 281-9122. SUPPLEMENTARY INFORMATION: The Atlantic deep-sea red crab fishery is managed by the New England Fishery Management Council. The Atlantic Deep-Sea Red Crab Fishery Management Plan includes a specification process that requires the New England Fishery Management Council to recommend, on a triennial basis, an acceptable biological catch, an annual catch limit, and total allowable landings. Collectively, these are the red crab specifications. Prior to the start of fishing year 2017, the Council recommended status quo specifications for the 2017- 2019 fishing years (Table 1). Table 1--Council-Approved 2017-2019 Red Crab Specifications ------------------------------------------------------------------------ Metric ton Million lb ------------------------------------------------------------------------ Maximum Sustainable Yield............... undetermined Overfishing Limit....................... undetermined Optimum Yield........................... undetermined ------------------------------- Acceptable Biological Catch............. 1,775 3.91 Annual Catch Limit...................... 1,775 3.91 Total Allowable Landings................ 1,775 3.91 ------------------------------------------------------------------------ On February 22, 2017, we approved status quo specifications for the 2017 fishing year, effective through February 28, 2018, and we projected status quo quotas for 2018-2019 (82 FR 11322). At the end of each fishing year, we evaluate catch information and determine if the quota has been exceeded. If a quota is exceeded, the regulations at 50 CFR 648.262(b) require a pound-for-pound reduction in a subsequent fishing year. We have reviewed available 2017 fishery information against the projected 2018 specifications. There have been no annual catch limit or total allowable landings overages, nor is there any new biological information that would require altering the projected 2018 specifications. Because no overages occurred in 2017, we are announcing the final specifications for fishing year 2018, as projected in the 2017 specifications rule (82 FR 11322), and outlined above in Table 1. These specifications are not expected to result in overfishing and adequately account for scientific uncertainty. The 2018 fishing year starts on March 1, 2018. The fishery management plan allows for the previous year's specifications to remain in place until replaced by a subsequent specifications action (rollover provision). As a result, the 2017 specifications, also 1,775 mt, remain in effect until replaced by the 2018 specifications included in this rule. We will publish notice in the Federal Register of any revisions to these specifications if an overage occurs in 2018 that would require adjusting the 2019 projected specifications. We will provide notice of the final 2019 specifications prior to the March 1, 2019, start of the fishing year. Classification The NMFS Assistant Administrator has determined that this final rule is consistent with the Atlantic Deep-Sea Red Crab Fishery Management Plan, the Magnuson-Stevens Fishery Conservation and Management Act, and other applicable law. This rule is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), we find good cause to waive prior public notice and opportunity for public comment on the catch limit and allocation adjustments because allowing time for notice and comment is unnecessary. The proposed rule provided the public with the opportunity to comment on the 2017-2019 specifications, including the projected 2018 and 2019 specifications (81 FR 86687, December 1, 2016). No comments were received on the proposed rule, and this final rule contains no changes from the projected 2018 specifications that were included in both the December 1, 2016, proposed rule and the February 22, 2017, final rule. The public and industry participants expect this action, because previously, in both the proposed rule and the final rule, we alerted the public that we would conduct a review of the latest available catch information in each of the interim years of the multi-year specifications, and announce the final quota prior to the March 1 start of the fishing year. Thus, the proposed and final rules that contained the projected 2017-2019 specifications provided a full opportunity for the public to comment on the substance and process of this action. The Chief Counsel for Regulation, Department of Commerce, previously certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that the 2017-2019 red crab specifications would not have a significant economic impact on a substantial number of small entities. Implementing status quo specifications for 2018 will not change the conclusions drawn in that previous certification to the SBA. Because advance notice and the opportunity for public comment are not required for this action under the Administrative Procedure Act, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. [[Page 4850]] 601, et seq., do not apply to this rule. Therefore, no new regulatory flexibility analysis is required and none has been prepared. This action does not contain a collection of information requirement for the purposes of the Paperwork Reduction Act. Authority: 16 U.S.C. 1801 et seq. Dated: January 30, 2018. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018-02148 Filed 2-1-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations 4849
DEPARTMENT OF COMMERCE SUMMARY: We are implementing SUPPLEMENTARY INFORMATION: The
specifications for the 2018 Atlantic Atlantic deep-sea red crab fishery is
National Oceanic and Atmospheric deep-sea red crab fishery, including an managed by the New England Fishery
Administration annual catch limit and total allowable Management Council. The Atlantic
landings limit. This action is necessary Deep-Sea Red Crab Fishery Management
50 CFR Part 648 to implement allowable red crab harvest Plan includes a specification process
[Docket No. 160920861–8031–03] levels that will prevent overfishing and that requires the New England Fishery
allow harvesting of optimum yield. This Management Council to recommend, on
RIN 0648–XE900 action is intended to establish the a triennial basis, an acceptable
allowable 2018 harvest levels, biological catch, an annual catch limit,
Fisheries of the Northeastern United
consistent with the Atlantic Deep-Sea and total allowable landings.
States; Atlantic Deep-Sea Red Crab
Red Crab Fishery Management Plan. Collectively, these are the red crab
Fishery; 2018 Atlantic Deep-Sea Red
Crab Specifications DATES: The final specifications for the specifications. Prior to the start of
2018 Atlantic deep-sea red crab fishery fishing year 2017, the Council
AGENCY: National Marine Fisheries are effective March 5, 2018, through recommended status quo specifications
Service (NMFS), National Oceanic and February 28, 2019.
Atmospheric Administration (NOAA), for the 2017–2019 fishing years (Table
Commerce. FOR FURTHER INFORMATION CONTACT: 1).
Allison Murphy, Fishery Policy Analyst,
ACTION: Final rule.
(978) 281–9122.
TABLE 1—COUNCIL-APPROVED 2017–2019 RED CRAB SPECIFICATIONS
Metric ton Million lb
Maximum Sustainable Yield .................................................................................................................................... undetermined
Overfishing Limit ...................................................................................................................................................... undetermined
Optimum Yield ......................................................................................................................................................... undetermined
Acceptable Biological Catch .................................................................................................................................... 1,775 3.91
Annual Catch Limit .................................................................................................................................................. 1,775 3.91
Total Allowable Landings ......................................................................................................................................... 1,775 3.91
On February 22, 2017, we approved 2018 specifications included in this 2018 specifications that were included
status quo specifications for the 2017 rule. in both the December 1, 2016, proposed
fishing year, effective through February We will publish notice in the Federal rule and the February 22, 2017, final
28, 2018, and we projected status quo Register of any revisions to these rule. The public and industry
quotas for 2018–2019 (82 FR 11322). At specifications if an overage occurs in participants expect this action, because
the end of each fishing year, we evaluate 2018 that would require adjusting the previously, in both the proposed rule
catch information and determine if the 2019 projected specifications. We will and the final rule, we alerted the public
quota has been exceeded. If a quota is provide notice of the final 2019 that we would conduct a review of the
exceeded, the regulations at 50 CFR specifications prior to the March 1, latest available catch information in
648.262(b) require a pound-for-pound 2019, start of the fishing year. each of the interim years of the multi-
reduction in a subsequent fishing year. Classification year specifications, and announce the
We have reviewed available 2017 final quota prior to the March 1 start of
The NMFS Assistant Administrator
fishery information against the projected the fishing year. Thus, the proposed and
has determined that this final rule is
2018 specifications. There have been no final rules that contained the projected
consistent with the Atlantic Deep-Sea
annual catch limit or total allowable 2017–2019 specifications provided a
Red Crab Fishery Management Plan, the
landings overages, nor is there any new full opportunity for the public to
Magnuson-Stevens Fishery
biological information that would comment on the substance and process
Conservation and Management Act, and
require altering the projected 2018 of this action.
other applicable law.
specifications. Because no overages This rule is exempt from review The Chief Counsel for Regulation,
occurred in 2017, we are announcing under Executive Order 12866. Department of Commerce, previously
the final specifications for fishing year Pursuant to 5 U.S.C. 553(b)(B), we certified to the Chief Counsel for
2018, as projected in the 2017 find good cause to waive prior public Advocacy of the Small Business
specifications rule (82 FR 11322), and notice and opportunity for public Administration (SBA) that the 2017–
outlined above in Table 1. These comment on the catch limit and 2019 red crab specifications would not
specifications are not expected to result allocation adjustments because allowing have a significant economic impact on
in overfishing and adequately account time for notice and comment is a substantial number of small entities.
for scientific uncertainty. unnecessary. The proposed rule Implementing status quo specifications
The 2018 fishing year starts on March provided the public with the for 2018 will not change the conclusions
sradovich on DSK3GMQ082PROD with RULES
1, 2018. The fishery management plan opportunity to comment on the 2017– drawn in that previous certification to
allows for the previous year’s 2019 specifications, including the the SBA. Because advance notice and
specifications to remain in place until projected 2018 and 2019 specifications the opportunity for public comment are
replaced by a subsequent specifications (81 FR 86687, December 1, 2016). No not required for this action under the
action (rollover provision). As a result, comments were received on the Administrative Procedure Act, or any
the 2017 specifications, also 1,775 mt, proposed rule, and this final rule other law, the analytical requirements of
remain in effect until replaced by the contains no changes from the projected the Regulatory Flexibility Act, 5 U.S.C.
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![4850 Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Rules and Regulations
601, et seq., do not apply to this rule. Management Council’s website at http:// GMT’s use of the additional 2017 catch
Therefore, no new regulatory flexibility www.pcouncil.org/. data changed the projected 2018 annual
analysis is required and none has been targets relative to the original annual
Background
prepared. targets that were used to set the 2017–
This action does not contain a The PCGFMP and its implementing 18 big skate trip limits. The two trip
collection of information requirement regulations at title 50 in the Code of limit alternatives modeled by the GMT
for the purposes of the Paperwork Federal Regulations (CFR), part 660, would result in higher estimated
Reduction Act. subparts C through G, regulate fishing attainments (94 and 98 percent) of big
for over 90 species of groundfish off the skate than the estimated 88 percent
Authority: 16 U.S.C. 1801 et seq.
coasts of Washington, Oregon, and attainment under the status quo trip
Dated: January 30, 2018. California. Groundfish specifications limits. In order to maximize opportunity
Samuel D. Rauch III, and management measures are for vessels and increase attainment, the
Deputy Assistant Administrator for developed by the Pacific Fishery Council recommended and NMFS is
Regulatory Programs, National Marine Management Council (Council), and are implementing, by modifying Tables 1
Fisheries Service. implemented by NMFS. (North and South) to part 660, subpart
[FR Doc. 2018–02148 Filed 2–1–18; 8:45 am] The final rule to implement the 2017– D, the following trip limits for big skate
BILLING CODE 3510–22–P 18 harvest specifications and in the IFQ program: Period 1, 5,000 lbs,
management measures for most species Period 2, 30,000 lbs, Period 3, 35,000
of the Pacific coast groundfish fishery lbs, Period 4, 40,000 lbs, Period 5,
DEPARTMENT OF COMMERCE was published on February 7, 2017 (82 15,000 lbs, and Period 6, 5,000 lbs.
FR 9634). These increased trip limits are expected
National Oceanic and Atmospheric The Council, in coordination with to increase projected attainment of the
Administration Pacific Coast Treaty Indian Tribes and big skate IFQ allocation to 98 percent in
the States of Washington, Oregon, and 2018.
50 CFR Part 660 California, recommended the following
changes to current groundfish LEFG and OA Sablefish DTL Fisheries
[Docket No. 160808696–7010–02] North of 36° N Lat.
management measures at its November
RIN 0648–BH47 13–20, 2017, meeting: (1) Increasing the Sablefish are distributed coastwide
big skate trip limits for the shorebased with harvest specifications split north
Magnuson-Stevens Act Provisions; individual fishing quota (IFQ) program, and south of 36° N lat. Trip limits in the
Fisheries Off West Coast States; (2) decreasing the sablefish trip limits LEFG and OA DTL fisheries, for species
Pacific Coast Groundfish Fishery; for limited entry fixed gear (LEFG) and such as sablefish, are intended to keep
2017–18 Biennial Specifications and open access (OA) daily trip limit (DTL) attainment of the non-trawl HG within
Management Measures; Inseason fisheries north of 36° North Latitude (N the ACL. The trip limits for sablefish for
Adjustments lat.), and (3) increasing the lingcod trip 2017–18 were established through the
AGENCY: National Marine Fisheries limits for the LEFG and OA fisheries final rule for the 2017–18 harvest
Service (NMFS), National Oceanic and north of 40°10′ N lat. specifications (82 FR 9634) based on
Atmospheric Administration (NOAA), catch data through 2015.
Big Skate Trip Limits for the Shorebased Inseason catch data from 2017
Commerce. IFQ Program suggested possible under-attainment of
ACTION: Final rule; inseason adjustments At the November 2017 Council the sablefish non-trawl HG. During the
to biennial groundfish management meeting, the Council’s Groundfish September 2017 Council meeting, the
measures. Advisory Subpanel (GAP) GMT made model-based landings
SUMMARY: This final rule announces recommended higher trip limits for big projections for the LEFG and OA
inseason changes to management skate for the shorebased IFQ program in sablefish DTL fisheries north of 36° N
measures in the Pacific Coast groundfish 2018. For 2017–18, the annual catch lat. for the remainder of 2017 to assist
fisheries. This action, which is limit (ACL) was set at 494 metric tons the Council in evaluating potential
authorized by the Pacific Coast (mt), the fishery harvest guideline (HG) increases to sablefish trip limits. These
Groundfish Fishery Management Plan was 437 mt, and the trawl allocation projections used the most recent
(PCGFMP), is intended to allow was 414.8 mt, which includes big skate information available, including
fisheries to access more abundant caught by the at-sea fleet. Bi-monthly inseason catch data from 2017, and
groundfish stocks while protecting trip limits for 2017–18 were set at 5,000 showed under-attainment of the 2017
overfished and depleted stocks. pounds (lbs) (January–February), 25,000 sablefish non-trawl HG. Based on these
lbs (March–April), 30,000 lbs (May– projections, the LEFG and OA sablefish
DATES: This final rule is effective
June), 35,000 lbs (July–August), 10,000 trip limits were raised through an
February 2, 2018. lbs (September–October), and 5,000 lbs inseason action on October 19, 2017 (82
FOR FURTHER INFORMATION CONTACT: (November–December). FR 48656). The 2017 trip limits
Karen Palmigiano, phone: 206–526– In November 2017, based on the established through the September
4491, fax: 206–526–6736, or email: partial catch data for 2017, the inseason action for LEFG and OA
karen.palmigiano@noaa.gov. Groundfish Management Team (GMT) sablefish remain in place for 2018 until
SUPPLEMENTARY INFORMATION: estimated that attainment of big skate in changed.
the IFQ fishery would be 88 percent for At the November 2017 Council
sradovich on DSK3GMQ082PROD with RULES
Electronic Access 2018, approximately 365 mt. Given that meeting, the GMT updated the
This rule is accessible via the internet the projected attainment of big skate projections for the attainment of the
at the Office of the Federal Register was approaching full attainment with sablefish HG for 2018 with data through
website at https:// status quo trip limits, the GMT modeled October 31, 2017. These projections
www.federalregister.gov. Background modest increases in trip limits for 2018 showed possible attainment of the
information and documents are using the 2016 Groundfish Mortality sablefish allocation between 95.2 and
available at the Pacific Fishery Report data and 2017 catch data. The 125.2 percent for the LEFG fishery, and
VerDate Sep<11>2014 16:21 Feb 01, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\02FER1.SGM 02FER1](https://thefederalregister.org/doc/83_FR_4872/page/2.svg)
Document Created: 2018-02-03 14:27:33
Document Modified: 2018-02-03 14:27:33
| 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 | Final rule. | |
| Dates | The final specifications for the 2018 Atlantic deep-sea red crab fishery are effective March 5, 2018, through February 28, 2019. | |
| Contact | Allison Murphy, Fishery Policy Analyst, (978) 281-9122. | |
| FR Citation | 83 FR 4849 | |
| RIN Number | 0648-XE90 |
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