83_FR_54030 83 FR 53823 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Resources of the South Atlantic; Vermilion Snapper Trip Limit Reduction

83 FR 53823 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Resources of the South Atlantic; Vermilion Snapper Trip Limit Reduction

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 207 (October 25, 2018)

Page Range53823-53824
FR Document2018-23271

NMFS reduces the commercial trip limit for vermilion snapper in or from the exclusive economic zone (EEZ) of the South Atlantic to 500 lb (227 kg), gutted weight, 555 lb (252 kg), round weight. This trip limit reduction is necessary to protect the South Atlantic vermilion snapper resource.

Federal Register, Volume 83 Issue 207 (Thursday, October 25, 2018)
[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Rules and Regulations]
[Pages 53823-53824]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23271]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 130312235-3658-02]
RIN 0648-XG569


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Resources of the South Atlantic; Vermilion Snapper Trip 
Limit Reduction

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

ACTION: Temporary rule; trip limit reduction.

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SUMMARY: NMFS reduces the commercial trip limit for vermilion snapper 
in or from the exclusive economic zone (EEZ) of the South Atlantic to 
500 lb (227 kg), gutted weight, 555 lb (252 kg), round weight. This 
trip limit reduction is necessary to protect the South Atlantic 
vermilion snapper resource.

DATES: This rule is effective 12:01 a.m., local time, October 26, 2018, 
until 12:01 a.m., local time, 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 in the South 
Atlantic includes vermilion snapper and is managed under the Fishery 
Management Plan for the Snapper-Grouper Fishery of the South Atlantic 
Region (FMP). The South Atlantic Fishery Management Council prepared 
the FMP. The FMP 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.

[[Page 53824]]

    The commercial ACL (commercial quota) for vermilion snapper in the 
South Atlantic is divided into two 6-month time periods, January 
through June, and July through December. For the July 1 through 
December 31, 2018, fishing season, the commercial quota is 388,703 lb 
(176,313 kg), gutted weight, 431,460 lb (195,707 kg), round weight (50 
CFR 622.190(a)(4)(ii)(D)). As specified in 50 CFR 622.190(a)(4)(iii), 
any unused portion of the commercial quota from the January through 
June 2018, fishing season would be added to the commercial quota for 
the July through December 2018, fishing season. The unused portion of 
the quota that was not harvested during the January through June 
fishing season, totaled 32,534 lb (14,757 kg) gutted weight, 36,113 lb 
(16,381 kg), round weight, and was added to the July through December 
2018 quota. This resulted in a 2018 adjusted commercial quota, for the 
July through December fishing season of 421,237 lb (191,070 kg), gutted 
weight, 467,573 lb (212,088 kg), round weight.
    Under 50 CFR 622.191(a)(6)(ii), NMFS is required to reduce the 
commercial trip limit for vermilion snapper from 1,000 lb (454 kg), 
gutted weight, 1,110 lb (503 kg), round weight, when 75 percent of the 
fishing season commercial quota is reached or projected to be reached, 
by filing a notification to that effect with the Office of the Federal 
Register. The reduced commercial trip limit is 500 lb (227 kg), gutted 
weight, 555 lb (252 kg), round weight. Based on current information, 
NMFS has determined that 75 percent of the available commercial quota 
for the July through December 2018 fishing season for vermilion snapper 
will be reached by October 26, 2018. Accordingly, NMFS is reducing the 
commercial trip limit for vermilion snapper to 500 lb (227 kg), gutted 
weight, 555 lb (252 kg), round weight, in or from the South Atlantic 
EEZ at 12:01 a.m., local time, on October 26, 2018. This reduced 
commercial trip limit will remain in effect until the start of the next 
commercial fishing season on January 1, 2019, or until the commercial 
quota is reached and the commercial sector closes, whichever occurs 
first.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
South Atlantic vermilion snapper and is consistent with the Magnuson-
Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.191(a)(6)(ii) 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 commercial trip limit reduction 
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), because prior notice and opportunity for 
public comment on this temporary rule is unnecessary and contrary to 
the public interest. Such procedures are unnecessary, because the rule 
establishing the trip limit has already been subject to notice and 
comment, and all that remains is to notify the public of the trip limit 
reduction. Prior notice and opportunity for public comment is contrary 
to the public interest, because any delay in reducing the commercial 
trip limit could result in the commercial quota being exceeded. There 
is a need to immediately implement this action to protect the vermilion 
snapper resource, since the capacity of the fishing fleet allows for 
rapid harvest of the commercial quota. Prior notice and opportunity for 
public comment on this action would require time and increase the 
probability that the commercial sector could exceed its quota.
    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: October 19, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-23271 Filed 10-24-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                              Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations                                              53823

                                             any comments on the burden estimates                    Relief and Job Creation Act of 2012,                     The information collection for which
                                             listed below, or how the Commission                     Public Law 112–96 (Spectrum Act)                       we are requesting approval is the
                                             can improve the collections and reduce                  § 6403(a)(1).                                          standardized incentive payment form
                                             any burdens caused thereby, please                         Total Annual Burden: 3,750 hours.                   referred to in the paragraph above.
                                             contact Nicole Ongele, Federal                             Total Annual Cost: No Cost.
                                                                                                                                                            Federal Communications Commission.
                                             Communications Commission, Room 1–                         Nature and Extent of Confidentiality:
                                                                                                     The information collection includes                    Marlene Dortch,
                                             A620, 445 12th Street SW, Washington,
                                                                                                     information identifying bank accounts                  Secretary, Office of the Secretary.
                                             DC 20554. Please include the OMB
                                             Control Number, 3060–1224, in your                      and providing account and routing                      [FR Doc. 2018–23349 Filed 10–24–18; 8:45 am]
                                             correspondence. The Commission will                     numbers to access those accounts. FCC                  BILLING CODE 6712–01–P

                                             also accept your comments via email at                  considers that information to be records
                                             PRA@fcc.gov.                                            not routinely available for public
                                                To request materials in accessible                   inspection under 47 CFR 0.457, and                     DEPARTMENT OF COMMERCE
                                             formats for people with disabilities                    exempt from disclosure under FOIA
                                             (Braille, large print, electronic files,                exemption 4 (5 U.S.C. 552(b)(4)).                      National Oceanic and Atmospheric
                                             audio format), send an email to fcc504@                    Privacy Act Impact Assessment: No                   Administration
                                             fcc.gov or call the Consumer and                        impact(s).
                                                                                                        Needs and Uses: The collection was                  50 CFR Part 622
                                             Governmental Affairs Bureau at (202)
                                                                                                     submitted to OMB and approved, on an
                                             418–0530 (voice), (202) 418–0432                                                                               [Docket No. 130312235–3658–02]
                                                                                                     emergency basis, for the information
                                             (TTY).
                                                                                                     collection requirements contained in the               RIN 0648–XG569
                                             Synopsis                                                Commission’s Incentive Auction Order,
                                                As required by the Paperwork                         FCC 14–50, which adopted rules for                     Fisheries of the Caribbean, Gulf of
                                             Reduction Act of 1995 (44 U.S.C. 3507),                 holding an Incentive Auction as                        Mexico, and South Atlantic; Snapper-
                                             the FCC is notifying the public that it                 required by the Middle Class Tax Relief                Grouper Resources of the South
                                             received emergency approval from OMB                    and Job Creation Act of 2012 (Spectrum                 Atlantic; Vermilion Snapper Trip Limit
                                             on January 17, 2017, for the information                Act).                                                  Reduction
                                                                                                        The Spectrum Act mandates ‘‘a
                                             collection requirements contained in 47                                                                        AGENCY:  National Marine Fisheries
                                                                                                     reverse auction to determine the amount
                                             CFR 1.2209.                                                                                                    Service (NMFS), National Oceanic and
                                                                                                     of compensation that each broadcast
                                                Under 5 CFR part 1320, an agency                                                                            Atmospheric Administration (NOAA),
                                                                                                     television licensee would accept in
                                             may not conduct or sponsor a collection                                                                        Commerce.
                                                                                                     return for voluntarily relinquishing
                                             of information unless it displays a
                                                                                                     some or all of its broadcast television                ACTION: Temporary rule; trip limit
                                             current, valid OMB Control Number.
                                                                                                     spectrum usage rights in order to make                 reduction.
                                                No person shall be subject to any
                                                                                                     spectrum available for assignment
                                             penalty for failing to comply with a                                                                           SUMMARY:   NMFS reduces the
                                                                                                     through a system of competitive
                                             collection of information subject to the                                                                       commercial trip limit for vermilion
                                                                                                     bidding’’.1
                                             Paperwork Reduction Act that does not                     The Commission conducted notice-                     snapper in or from the exclusive
                                             display a current, valid OMB Control                    and-comment rulemaking to implement                    economic zone (EEZ) of the South
                                             Number. The OMB Control Number is                       the Spectrum Act, and ruled in the                     Atlantic to 500 lb (227 kg), gutted
                                             3060–1224.                                              Incentive Auction Report and Order                     weight, 555 lb (252 kg), round weight.
                                                The foregoing notice is required by                                                                         This trip limit reduction is necessary to
                                                                                                     that:
                                             the Paperwork Reduction Act of 1995,                      ‘‘we adopt the Commission’s proposal                 protect the South Atlantic vermilion
                                             Public Law 104–13, October 1, 1995,                     to require successful bidders in the                   snapper resource.
                                             and 44 U.S.C. 3507.                                     reverse auction to submit additional
                                                The total annual reporting burdens                                                                          DATES: This rule is effective 12:01 a.m.,
                                                                                                     information to facilitate incentive                    local time, October 26, 2018, until 12:01
                                             and costs for the respondents are as                    payments. As mentioned in the NPRM,
                                             follows:                                                                                                       a.m., local time, January 1, 2019.
                                                                                                     we envision that the information would
                                                OMB Control Number: 3060–1224.                                                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                     be submitted on standardized incentive
                                                OMB Approval Date: January 17,                                                                              Mary Vara, NMFS Southeast Regional
                                                                                                     payment forms similar to the Automated
                                             2017.                                                                                                          Office, telephone: 727–824–5305, email:
                                                                                                     Clearing House (‘‘ACH’’) forms
                                                OMB Expiration Date: July 31, 2017.                                                                         mary.vara@noaa.gov.
                                                Title: Reverse Auction (Auction 1001)                unsuccessful bidders in typical
                                                                                                     spectrum license auctions use to request               SUPPLEMENTARY INFORMATION: The
                                             Incentive Payment Instructions from                                                                            snapper-grouper fishery in the South
                                             Reverse Auction Winning Bidder.                         refunds of their deposits and upfront
                                                                                                     payments. This information collection is               Atlantic includes vermilion snapper and
                                                Form Number: FCC Form 1875.                                                                                 is managed under the Fishery
                                                Respondents: Business or other for-                  necessary to facilitate incentive
                                                                                                     payments and should not be                             Management Plan for the Snapper-
                                             profit, Not-for-profit institutions and                                                                        Grouper Fishery of the South Atlantic
                                             State, Local or Tribal government.                      burdensome to successful bidders.
                                                                                                     Specifically, without further instruction              Region (FMP). The South Atlantic
                                                Number of Respondents and                                                                                   Fishery Management Council prepared
                                             Responses: 750 respondents; 1,500                       and bank account information from
                                                                                                     successful bidders, the Commission                     the FMP. The FMP is implemented by
                                             responses.                                                                                                     NMFS under the authority of the
                                                Estimated Time per Response: 2.5                     would not know where to send the
                                                                                                     incentive payments.’’ [footnotes                       Magnuson-Stevens Fishery
daltland on DSKBBV9HB2PROD with RULES




                                             hours.                                                                                                         Conservation and Management Act
                                                Frequency of Response: One-time                      omitted] 2
                                                                                                                                                            (Magnuson-Stevens Act) by regulations
                                             reporting requirement.                                                                                         at 50 CFR part 622.
                                                                                                        1 Middle Class Tax Relief and Job Creation Act of
                                                Obligation to Respond: Required to
                                                                                                     2012, Public Law 112–96 (Spectrum Act)
                                             obtain or retain benefits. The statutory                § 6403(a)(1).                                          Auctions, GN Docket No. 12–268, Report and Order,
                                             authority for this information collection                  2 Expanding the Economic and Innovation             29 FCC Rcd 6567 (2014) (‘‘Incentive Auction R&O’’)
                                             is contained in the Middle Class Tax                    Opportunities of Spectrum Through Incentive            at 537.



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                                             53824            Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations

                                                The commercial ACL (commercial                          This action is taken under 50 CFR                  DEPARTMENT OF COMMERCE
                                             quota) for vermilion snapper in the                     622.191(a)(6)(ii) and is exempt from
                                             South Atlantic is divided into two 6-                   review under Executive Order 12866.                   National Oceanic and Atmospheric
                                             month time periods, January through                                                                           Administration
                                                                                                        These measures are exempt from the
                                             June, and July through December. For                    procedures of the Regulatory Flexibility
                                             the July 1 through December 31, 2018,                                                                         50 CFR Part 648
                                                                                                     Act because the temporary rule is issued
                                             fishing season, the commercial quota is                                                                       [Docket No: 151215999–6960–02]
                                                                                                     without opportunity for prior notice and
                                             388,703 lb (176,313 kg), gutted weight,
                                             431,460 lb (195,707 kg), round weight                   comment.                                              RIN 0648–XG512
                                             (50 CFR 622.190(a)(4)(ii)(D)). As                          This action responds to the best
                                             specified in 50 CFR 622.190(a)(4)(iii),                 scientific information available. The                 Fisheries of the Northeastern United
                                             any unused portion of the commercial                    Assistant Administrator for NOAA                      States; Atlantic Herring Fishery; 2018
                                             quota from the January through June                     Fisheries (AA) finds that the need to                 Management Area 1B Directed Fishery
                                             2018, fishing season would be added to                                                                        Closure
                                                                                                     immediately implement this
                                             the commercial quota for the July                       commercial trip limit reduction                       AGENCY:  National Marine Fisheries
                                             through December 2018, fishing season.                  constitutes good cause to waive the                   Service (NMFS), National Oceanic and
                                             The unused portion of the quota that                    requirements to provide prior notice                  Atmospheric Administration (NOAA),
                                             was not harvested during the January                    and opportunity for public comment                    Commerce.
                                             through June fishing season, totaled                    pursuant to the authority set forth in 5              ACTION: Temporary rule; directed fishery
                                             32,534 lb (14,757 kg) gutted weight,                    U.S.C. 553(b)(B), because prior notice                closure.
                                             36,113 lb (16,381 kg), round weight, and                and opportunity for public comment on
                                             was added to the July through December                                                                        SUMMARY:   Effective October 24, 2018,
                                                                                                     this temporary rule is unnecessary and
                                             2018 quota. This resulted in a 2018                                                                           NMFS is closing the directed herring
                                                                                                     contrary to the public interest. Such
                                             adjusted commercial quota, for the July                                                                       fishery in management Area 1B, based
                                                                                                     procedures are unnecessary, because the               on a projection that a prescribed trigger
                                             through December fishing season of
                                                                                                     rule establishing the trip limit has                  for that area has been reached. Federally
                                             421,237 lb (191,070 kg), gutted weight,
                                                                                                     already been subject to notice and                    permitted vessels may not fish for,
                                             467,573 lb (212,088 kg), round weight.
                                                                                                     comment, and all that remains is to                   possess, transfer, receive, land, or sell
                                                Under 50 CFR 622.191(a)(6)(ii), NMFS
                                                                                                     notify the public of the trip limit                   more than 2,000 lb (907.2 kg) of Atlantic
                                             is required to reduce the commercial
                                                                                                     reduction. Prior notice and opportunity               herring per trip or calendar day in or
                                             trip limit for vermilion snapper from
                                                                                                     for public comment is contrary to the                 from Area 1B through December 31,
                                             1,000 lb (454 kg), gutted weight, 1,110
                                             lb (503 kg), round weight, when 75                      public interest, because any delay in                 2018. Federally permitted dealers may
                                             percent of the fishing season                           reducing the commercial trip limit                    not purchase more than 2,000 lb (907.2
                                             commercial quota is reached or                          could result in the commercial quota                  kg) of herring from federally permitted
                                             projected to be reached, by filing a                    being exceeded. There is a need to                    vessels for the duration of this action.
                                             notification to that effect with the Office             immediately implement this action to                  This action is necessary to comply with
                                             of the Federal Register. The reduced                    protect the vermilion snapper resource,               the regulations implementing the
                                             commercial trip limit is 500 lb (227 kg),               since the capacity of the fishing fleet               Atlantic Herring Fishery Management
                                             gutted weight, 555 lb (252 kg), round                   allows for rapid harvest of the                       Plan and is intended to prevent
                                             weight. Based on current information,                   commercial quota. Prior notice and                    overharvest of herring in Area 1B.
                                             NMFS has determined that 75 percent of                  opportunity for public comment on this                DATES: Effective 0001 hr local time,
                                             the available commercial quota for the                  action would require time and increase                October 24, 2018, through December 31,
                                             July through December 2018 fishing                      the probability that the commercial                   2018.
                                             season for vermilion snapper will be                    sector could exceed its quota.                        FOR FURTHER INFORMATION CONTACT:
                                             reached by October 26, 2018.                               For the aforementioned reasons, the                Daniel Luers, Fishery Management
                                             Accordingly, NMFS is reducing the                       AA also finds good cause to waive the                 Specialist, (978) 282–8457.
                                             commercial trip limit for vermilion                                                                           SUPPLEMENTARY INFORMATION: The reader
                                                                                                     30-day delay in the effectiveness of this
                                             snapper to 500 lb (227 kg), gutted                                                                            can find regulations governing the
                                                                                                     action under 5 U.S.C. 553(d)(3).
                                             weight, 555 lb (252 kg), round weight,                                                                        herring fishery at 50 CFR part 648.
                                             in or from the South Atlantic EEZ at                      Authority: 16 U.S.C. 1801 et seq.                      NMFS originally set the 2018 Area 1B
                                             12:01 a.m., local time, on October 26,                    Dated: October 19, 2018.                            sub-annual catch limit (ACL) at 3,552
                                             2018. This reduced commercial trip                      Karen H. Abrams,                                      mt, based on an initial 2018 sub-ACL
                                             limit will remain in effect until the start                                                                   allocation of 4,500 mt, minus a
                                             of the next commercial fishing season                   Acting Director, Office of Sustainable
                                                                                                                                                           deduction for research set-aside catch
                                                                                                     Fisheries, National Marine Fisheries Service.
                                             on January 1, 2019, or until the                                                                              and a reduction due to an overage of the
                                             commercial quota is reached and the                     [FR Doc. 2018–23271 Filed 10–24–18; 8:45 am]
                                                                                                                                                           Area 1B sub-ACL in 2016. In August,
                                             commercial sector closes, whichever                     BILLING CODE 3510–22–P                                2018, NMFS further reduced the Area
                                             occurs first.                                                                                                 1B sub-ACL from 3,552 mt to 2,639 mt
                                             Classification                                                                                                (83 FR 42450, August 22, 2018). This
                                                                                                                                                           reduction (along with reductions in
                                               The Regional Administrator,                                                                                 herring Management Areas 1A, 2, and 3)
                                             Southeast Region, NMFS, has                                                                                   was based on the findings of the 2018
daltland on DSKBBV9HB2PROD with RULES




                                             determined this temporary rule is                                                                             Atlantic Herring Stock Assessment
                                             necessary for the conservation and                                                                            Report, which concluded that herring
                                             management of South Atlantic                                                                                  stocks have suffered historic lows in
                                             vermilion snapper and is consistent                                                                           recruitment of juveniles into the
                                             with the Magnuson-Stevens Act and                                                                             population since 2013. The Stock
                                             other applicable laws.                                                                                        Assessment Review Committee Panel


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Document Created: 2018-10-25 01:44:41
Document Modified: 2018-10-25 01:44:41
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; trip limit reduction.
DatesThis rule is effective 12:01 a.m., local time, October 26, 2018, until 12:01 a.m., local time, January 1, 2019.
ContactMary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]
FR Citation83 FR 53823 
RIN Number0648-XG56

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