83 FR 57339 - Snapper-Grouper Fishery of the South Atlantic; 2018 Commercial Closure for Hogfish in the Florida Keys/East Florida Area of the South Atlantic
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 221 (November 15, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 221 (November 15, 2018)
| Page Range | 57339-57340 | |
| FR Document | 2018-24915 |
[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)] [Rules and Regulations] [Pages 57339-57340] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24915] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 160906822-7547-02] RIN 0648-XG618 Snapper-Grouper Fishery of the South Atlantic; 2018 Commercial Closure for Hogfish in the Florida Keys/East Florida Area of the South Atlantic AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. ----------------------------------------------------------------------- SUMMARY: NMFS implements accountability measures (AMs) for the hogfish commercial sector in the exclusive economic zone (EEZ) of the South Atlantic for the Florida Keys/East Florida (FLK/EFL) stock for the 2018 fishing year through this temporary rule. NMFS estimates commercial hogfish landings for the FLK/EFL hogfish stock for the 2018 fishing year will reach the annual catch limit (ACL) on November 16, 2018. Therefore, NMFS closes the commercial sector for the FLK/EFL hogfish stock in the South Atlantic EEZ on November 16, 2018, through the remainder of the 2018 fishing year. This closure is necessary to protect the hogfish resource in the FLK/EFL region of the South Atlantic. DATES: This rule is effective 12:01 a.m., local time, November 16, 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: mary.vara@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic includes hogfish 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 final rule for Amendment 37 to the FMP established two stocks of hogfish in Federal waters of the South Atlantic and new stock boundaries under the jurisdiction of the South Atlantic Fishery Management Council (82 FR 34584; July 25, 2017). One stock is the Georgia through North Carolina [[Page 57340]] (GA/NC) hogfish stock, with a southern boundary extending east from the Florida/Georgia state border to the North Carolina and Virginia state border. The other stock is the FLK/EFL hogfish stock. The FLK/EFL hogfish stock boundary extends from the 25[deg]09' N latitude line off the west coast of Florida (near Cape Sable, Florida), east around South Florida, to the Florida/Georgia border. The final rule for Amendment 37 set the 2018 ACL for the commercial sector of the FLK/EFL hogfish stock at 4,524 lb (2,052 kg), round weight. In accordance with regulations at 50 CFR 622.193(u)(2)(i), the commercial AMs for the FLK/EFL hogfish stock include an in-season closure if the commercial ACL is met or is projected to be met. NMFS is required to close the commercial sector for hogfish when the ACL has been met, or is projected to be met, by filing a notification to that effect with the Office of the Federal Register. NMFS has determined that the 2018 commercial ACL for the EFL/FLK hogfish stock established by Amendment 37 will be met on November 16, 2018. Therefore, this temporary rule implements the AM to close the commercial sector for EFL/FLK hogfish stock in the South Atlantic for the remainder of the 2018 fishing year. Accordingly, the commercial sector for the EFL/FLK hogfish stock in the South Atlantic EEZ will be closed effective 12:01 a.m. local time, November 16, 2018, until January 1, 2019, the start of the next fishing year. During the commercial closure, all sale or purchase of hogfish in or from the EEZ off the Florida Keys and east coast of Florida, and south of 25[deg]09' N lat. off the west coast of Florida is prohibited, and harvest or possession of this species is limited to the bag and possession limits. These bag and possession limits apply for this hogfish stock on board a vessel for which a valid Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper has been issued, without regard to where such species were harvested, i.e., in state or Federal waters. The commercial sector for the EFL/FLK hogfish stock in the South Atlantic EEZ will reopen on January 1, 2019. Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of hogfish in 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(u)(2)(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 this stock constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment on this temporary rule pursuant to 5 U.S.C. 553(b)(B), because such procedures are unnecessary and contrary to the public interest. Such procedures are unnecessary because the AMs established by Amendment 37 (82 FR 34584; July 25, 2017) and located at 50 CFR 622.193(u)(2)(i) have already been subject to notice and public comment. All that remains is to notify the public of the commercial closure for the EFL/FLK hogfish stock in the South Atlantic EEZ for the remainder of the 2018 fishing year. Such procedures are contrary to the public interest because of the need to immediately implement this action to protect the EFL/FLK hogfish stock, since time for notice and public comment will allow for continued commercial harvest and further exceedance of the commercial ACLs. 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: November 9, 2018. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-24915 Filed 11-9-18; 4:15 pm] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations 57339
Budget (OMB) has exempted these types This action does not involve any DEPARTMENT OF COMMERCE
of actions from review under Executive technical standards that would require
Order 12866, entitled ‘‘Regulatory Agency consideration of voluntary National Oceanic and Atmospheric
Planning and Review’’ (58 FR 51735, consensus standards pursuant to section Administration
October 4, 1993). Because this action 12(d) of the National Technology
has been exempted from review under Transfer and Advancement Act 50 CFR Part 622
Executive Order 12866, this action is (NTTAA) (15 U.S.C. 272 note). [Docket No. 160906822–7547–02]
not subject to Executive Order 13211,
entitled ‘‘Actions Concerning VII. Congressional Review Act RIN 0648–XG618
Regulations That Significantly Affect Pursuant to the Congressional Review
Energy Supply, Distribution, or Use’’ (66 Act (5 U.S.C. 801 et seq.), EPA will Snapper-Grouper Fishery of the South
FR 28355, May 22, 2001) or Executive submit a report containing this rule and Atlantic; 2018 Commercial Closure for
Order 13045, entitled ‘‘Protection of other required information to the U.S. Hogfish in the Florida Keys/East
Children from Environmental Health Senate, the U.S. House of Florida Area of the South Atlantic
Risks and Safety Risks’’ (62 FR 19885, Representatives, and the Comptroller AGENCY: National Marine Fisheries
April 23, 1997) nor is it considered a General of the United States prior to Service (NMFS), National Oceanic and
regulatory action under Executive Order publication of the rule in the Federal Atmospheric Administration (NOAA),
13771, entitled ‘‘Reducing Regulations Register. This action is not a ‘‘major Commerce.
and Controlling Regulatory Costs’’ (82 rule’’ as defined by 5 U.S.C. 804(2). ACTION: Temporary rule; closure.
FR 9339, February 3, 2017). This action
does not contain any information List of Subjects in 40 CFR Part 180
SUMMARY: NMFS implements
collections subject to OMB approval Environmental protection, accountability measures (AMs) for the
under the Paperwork Reduction Act Administrative practice and procedure, hogfish commercial sector in the
(PRA) (44 U.S.C. 3501 et seq.), nor does Agricultural commodities, Pesticides exclusive economic zone (EEZ) of the
it require any special considerations and pests, Reporting and recordkeeping South Atlantic for the Florida Keys/East
under Executive Order 12898, entitled requirements. Florida (FLK/EFL) stock for the 2018
‘‘Federal Actions to Address Dated: November 1, 2018. fishing year through this temporary rule.
Environmental Justice in Minority NMFS estimates commercial hogfish
Michael Goodis,
Populations and Low-Income landings for the FLK/EFL hogfish stock
Populations’’ (59 FR 7629, February 16, Director, Registration Division, Office of
Pesticide Programs. for the 2018 fishing year will reach the
1994). annual catch limit (ACL) on November
Since tolerances and exemptions that Therefore, 40 CFR chapter I is 16, 2018. Therefore, NMFS closes the
are established on the basis of a petition amended as follows: commercial sector for the FLK/EFL
under FFDCA section 408(d), such as hogfish stock in the South Atlantic EEZ
the tolerance in this final rule, do not PART 180—[AMENDED]
on November 16, 2018, through the
require the issuance of a proposed rule, remainder of the 2018 fishing year. This
■ 1. The authority citation for part 180
the requirements of the Regulatory closure is necessary to protect the
Flexibility Act (RFA) (5 U.S.C. 601 et continues to read as follows:
hogfish resource in the FLK/EFL region
seq.), do not apply. Authority: 21 U.S.C. 321(q), 346a and 371.
of the South Atlantic.
This action directly regulates growers, ■ 2. In § 180.507: DATES: This rule is effective 12:01 a.m.,
food processors, food handlers, and food ■ a. Remove the entry for ‘‘Vegetable,
retailers, not States or tribes, nor does local time, November 16, 2018, until
root, subgroup 1A’’ from the table in 12:01 a.m., local time, January 1, 2019.
this action alter the relationships or paragraph (a)(1).
distribution of power and FOR FURTHER INFORMATION CONTACT:
■ b. Add alphabetically ‘‘Beet, sugar, Mary Vara, NMFS Southeast Regional
responsibilities established by Congress
roots’’; and ‘‘Vegetable, root, except Office, telephone: 727–824–5305, email:
in the preemption provisions of FFDCA
sugar beet, subgroup 1B’’ to the table in mary.vara@noaa.gov.
section 408(n)(4). As such, the Agency
paragraph (a)(1). SUPPLEMENTARY INFORMATION: The
has determined that this action will not
The additions read as follows: snapper-grouper fishery of the South
have a substantial direct effect on States
or tribal governments, on the § 180.507 Azoxystrobin; tolerances for Atlantic includes hogfish and is
relationship between the national residues. managed under the Fishery
government and the States or tribal (a) * * * Management Plan for the Snapper-
governments, or on the distribution of (1) * * * Grouper Fishery of the South Atlantic
power and responsibilities among the Region (FMP). The FMP was prepared
various levels of government or between Parts per by the South Atlantic Fishery
Commodity
the Federal Government and Indian million Management Council and is
tribes. Thus, the Agency has determined implemented by NMFS under the
that Executive Order 13132, entitled authority of the Magnuson-Stevens
‘‘Federalism’’ (64 FR 43255, August 10, * * * * * Fishery Conservation and Management
Beet, sugar, roots ....................... 5.0
1999) and Executive Order 13175, Act (Magnuson-Stevens Act) by
entitled ‘‘Consultation and Coordination * * * * * regulations at 50 CFR part 622.
with Indian Tribal Governments’’ (65 FR Vegetable, root, except sugar The final rule for Amendment 37 to
khammond on DSK30JT082PROD with RULES
67249, November 9, 2000) do not apply beet, subgroup 1B .................. 1.0 the FMP established two stocks of
to this action. In addition, this action hogfish in Federal waters of the South
does not impose any enforceable duty or * * * * * Atlantic and new stock boundaries
contain any unfunded mandate as under the jurisdiction of the South
described under Title II of the Unfunded * * * * * Atlantic Fishery Management Council
Mandates Reform Act (UMRA) (2 U.S.C. [FR Doc. 2018–24974 Filed 11–14–18; 8:45 am] (82 FR 34584; July 25, 2017). One stock
1501 et seq.). BILLING CODE 6560–50–P is the Georgia through North Carolina
VerDate Sep<11>2014 16:25 Nov 14, 2018 Jkt 247001 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\15NOR1.SGM 15NOR1](https://thefederalregister.org/doc/83_FR_57560/page/1.svg)
![57340 Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations
(GA/NC) hogfish stock, with a southern This action is taken under 50 CFR ACTION: Temporary rule; General
boundary extending east from the 622.193(u)(2)(i) and is exempt from category October–November fishery for
Florida/Georgia state border to the review under Executive Order 12866. 2018; fishery reopening.
North Carolina and Virginia state These measures are exempt from the
border. The other stock is the FLK/EFL procedures of the Regulatory Flexibility SUMMARY: NMFS has determined that a
hogfish stock. The FLK/EFL hogfish Act because the temporary rule is issued reopening of the Atlantic bluefin tuna
stock boundary extends from the 25°09′ without opportunity for prior notice and (BFT) General category fishery is
N latitude line off the west coast of public comment. warranted. This action is intended to
Florida (near Cape Sable, Florida), east This action responds to the best provide a reasonable opportunity to
around South Florida, to the Florida/ scientific information available. The harvest the full annual U.S. BFT quota
Georgia border. The final rule for Assistant Administrator for NOAA without exceeding it, while maintaining
Amendment 37 set the 2018 ACL for the Fisheries (AA) finds that the need to an equitable distribution of fishing
commercial sector of the FLK/EFL immediately implement this action to opportunities across time periods; help
hogfish stock at 4,524 lb (2,052 kg), close the commercial sector for this achieve optimum yield in the BFT
round weight. stock constitutes good cause to waive fishery; and optimize the ability of all
In accordance with regulations at 50 the requirements to provide prior notice permit categories to harvest their full
CFR 622.193(u)(2)(i), the commercial and opportunity for public comment on BFT quota allocations. This action
AMs for the FLK/EFL hogfish stock this temporary rule pursuant to 5 U.S.C. applies to Atlantic tunas General
include an in-season closure if the 553(b)(B), because such procedures are category (commercial) permitted vessels
commercial ACL is met or is projected unnecessary and contrary to the public and Atlantic Highly Migratory Species
to be met. NMFS is required to close the interest. Such procedures are (HMS) Charter/Headboat category
commercial sector for hogfish when the unnecessary because the AMs permitted vessels with a commercial
ACL has been met, or is projected to be established by Amendment 37 (82 FR sale endorsement when fishing
met, by filing a notification to that effect 34584; July 25, 2017) and located at 50 commercially for BFT.
with the Office of the Federal Register. CFR 622.193(u)(2)(i) have already been DATES: Effective 12:30 a.m., local time,
NMFS has determined that the 2018 subject to notice and public comment. November 12, 2018, through 11:30 p.m.,
commercial ACL for the EFL/FLK All that remains is to notify the public local time, November 16, 2018.
hogfish stock established by of the commercial closure for the EFL/ FOR FURTHER INFORMATION CONTACT:
Amendment 37 will be met on FLK hogfish stock in the South Atlantic Uriah Forest-Bulley, 978–675–2154, or
November 16, 2018. Therefore, this EEZ for the remainder of the 2018 Larry Redd, 301–427–8503.
temporary rule implements the AM to fishing year. Such procedures are
close the commercial sector for EFL/ SUPPLEMENTARY INFORMATION:
contrary to the public interest because
FLK hogfish stock in the South Atlantic Regulations implemented under the
of the need to immediately implement
for the remainder of the 2018 fishing authority of the Atlantic Tunas
this action to protect the EFL/FLK
year. Accordingly, the commercial Convention Act (ATCA; 16 U.S.C. 971 et
hogfish stock, since time for notice and
sector for the EFL/FLK hogfish stock in seq.) and the Magnuson-Stevens Fishery
public comment will allow for
the South Atlantic EEZ will be closed Conservation and Management Act
continued commercial harvest and
effective 12:01 a.m. local time, (Magnuson-Stevens Act; 16 U.S.C. 1801
further exceedance of the commercial
November 16, 2018, until January 1, et seq.) governing the harvest of BFT by
ACLs.
2019, the start of the next fishing year. For the aforementioned reasons, the persons and vessels subject to U.S.
During the commercial closure, all AA also finds good cause to waive the jurisdiction are found at 50 CFR part
sale or purchase of hogfish in or from 30-day delay in the effectiveness of this 635. Section 635.27 subdivides the U.S.
the EEZ off the Florida Keys and east action under 5 U.S.C. 553(d)(3). BFT quota recommended by the
coast of Florida, and south of 25°09′ N International Commission for the
Authority: 16 U.S.C. 1801 et seq. Conservation of Atlantic Tunas (ICCAT)
lat. off the west coast of Florida is
prohibited, and harvest or possession of Dated: November 9, 2018. and as implemented by the United
this species is limited to the bag and Alan D. Risenhoover, States among the various domestic
possession limits. These bag and Director, Office of Sustainable Fisheries, fishing categories, per the allocations
possession limits apply for this hogfish National Marine Fisheries Service. established in the 2006 Consolidated
stock on board a vessel for which a valid [FR Doc. 2018–24915 Filed 11–9–18; 4:15 pm] Highly Migratory Species Fishery
Federal commercial or charter vessel/ BILLING CODE 3510–22–P Management Plan (2006 Consolidated
headboat permit for South Atlantic HMS FMP) (71 FR 58058, October 2,
snapper-grouper has been issued, 2006), as amended by Amendment 7 to
without regard to where such species DEPARTMENT OF COMMERCE the 2006 Consolidated HMS FMP
were harvested, i.e., in state or Federal (Amendment 7) (79 FR 71510, December
waters. The commercial sector for the National Oceanic and Atmospheric 2, 2014). NMFS is required under ATCA
EFL/FLK hogfish stock in the South Administration and the Magnuson-Stevens Act to
Atlantic EEZ will reopen on January 1, provide U.S. fishing vessels with a
2019. 50 CFR Part 635 reasonable opportunity to harvest the
[Docket No. 180117042–8884–02] ICCAT-recommended quota.
Classification NMFS recently published a final rule
The Regional Administrator, RIN 0648–XG624 (i.e., the ‘‘quota rule’’ (83 FR 51391,
khammond on DSK30JT082PROD with RULES
Southeast Region, NMFS, has October 11, 2018)) that increased the
Atlantic Highly Migratory Species;
determined this temporary rule is baseline U.S. BFT quota from 1,058.79
Atlantic Bluefin Tuna Fisheries
necessary for the conservation and mt to 1,247.86 mt and accordingly
management of hogfish in the South AGENCY: National Marine Fisheries increased the subquotas for 2018,
Atlantic snapper-grouper fishery and is Service (NMFS), National Oceanic and including an increase in the General
consistent with the Magnuson-Stevens Atmospheric Administration (NOAA), category October through November
Act and other applicable laws. Commerce. period subquota from 60.7 mt to 70.2
VerDate Sep<11>2014 16:25 Nov 14, 2018 Jkt 247001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 E:\FR\FM\15NOR1.SGM 15NOR1](https://thefederalregister.org/doc/83_FR_57560/page/2.svg)
Document Created: 2018-11-15 04:01:06
Document Modified: 2018-11-15 04:01:06
| 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 rule is effective 12:01 a.m., local time, November 16, 2018, until 12:01 a.m., local time, January 1, 2019. | |
| Contact | Mary Vara, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 83 FR 57339 | |
| RIN Number | 0648-XG61 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR