Snapper-Grouper Fishery of the South Atlantic; 2018 Commercial Accountability Measure and Closure for South Atlantic Yellowtail Snapper, 24944-24945 [2018-11665]

Download as PDF 24944 Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Rules and Regulations under FFDCA section 408(d), such as the temporary tolerance exemption in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply. This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). V. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). pmangrum on DSK30RV082PROD with RULES List of Subjects in 40 CFR Part 174 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. VerDate Sep<11>2014 14:57 May 30, 2018 Jkt 244001 Dated: May 22, 2018. Robert McNally, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: PART 174—[AMENDED] 1. The authority citation for part 174 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. ■ 2. Revise § 174.535 to read as follows: § 174.535 Spinach Defensin proteins; temporary exemption from the requirement of a tolerance. Residues of the defensin proteins SoD2, SoD2*, SoD7, and SoD8 derived from spinach (Spinacia oleracea L.) in or on citrus food commodities are temporarily exempt from the requirement of a tolerance when used as a plant-incorporated protectant in citrus plants in accordance with the terms of Experimental Use Permit No. 88232– EUP–1. This temporary exemption from the requirement of a tolerance expires on May 31, 2021. [FR Doc. 2018–11750 Filed 5–30–18; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 100812345–2142–03] RIN 0648–XG253 Snapper-Grouper Fishery of the South Atlantic; 2018 Commercial Accountability Measure and Closure for South Atlantic Yellowtail Snapper National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements an accountability measure (AM) for the commercial sector for yellowtail snapper in the South Atlantic exclusive economic zone (EEZ). NMFS projects that commercial landings of yellowtail snapper will reach the commercial annual catch limit (ACL) for the August 2017 through July 2018 fishing year by June 5, 2018. Therefore, NMFS closes the commercial sector for yellowtail snapper in the South Atlantic EEZ on June 5, 2018, and it will remain closed until August 1, 2018, the start of the SUMMARY: PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 August 2018 through July 2019 fishing year. This closure is necessary to protect the South Atlantic yellowtail snapper resource. This rule is effective at 12:01 a.m., local time, June 5, 2018, until 12:01 a.m., local time, August 1, 2018. FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional Office, telephone: 727–824–5305, email: mary.vara@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic includes yellowtail snapper and is managed under the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP). The FMP was prepared by the South Atlantic Fishery Management Council and is implemented by NMFS under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. The yellowtail snapper commercial ACL is 1,596,510 lb (724,165 kg), round weight, as specified in 50 CFR 622.193(n)(1)(i). The yellowtail snapper fishing year is August 1 through July 31, as specified in 50 CFR 622.7(f). Under 50 CFR 622.193(n)(1)(i), NMFS is required to close the yellowtail snapper commercial sector when the commercial ACL has been reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS has projected that the yellowtail snapper commercial sector will reach its ACL on June 5, 2018. Therefore, this temporary rule implements an AM to close the yellowtail snapper commercial sector in the South Atlantic EEZ, effective from 12:01 a.m., local time, June 5, 2018, until August 1, 2018, the start of the 2018–2019 fishing year. The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper having yellowtail snapper on board must have landed and bartered, traded, or sold such species prior to June 5, 2018. During the commercial closure, all sale or purchase of yellowtail snapper from the South Atlantic EEZ is prohibited. The harvest or possession of yellowtail snapper in of from the South Atlantic EEZ is limited to the bag limit specified in 50 CFR 622.187(b)(4) and the possession limits specified in 50 CFR 622.187(c). These bag and possession limits apply on board a vessel for which a valid Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper has been issued, regardless of whether such DATES: E:\FR\FM\31MYR1.SGM 31MYR1 Federal Register / Vol. 83, No. 105 / Thursday, May 31, 2018 / Rules and Regulations species were harvested in state or Federal waters. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Classification The Regional Administrator for the NMFS Southeast Region has determined this temporary rule is necessary for the conservation and management of South Atlantic yellowtail snapper and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.193(n)(1)(i) and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act because the temporary rule is issued without opportunity for prior notice and comment. This action responds to the best scientific information available. The Assistant Administrator for NOAA Fisheries (AA) finds that the need to immediately implement this action to close the yellowtail snapper commercial sector constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such procedures are unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule implementing the AM has been subject to notice and comment, and all that remains is to notify the public of the closure. Such procedures are contrary to the public interest because there is a need to immediately implement this action to protect the yellowtail snapper resource, as the capacity of the fishing fleet allows for rapid harvest of the commercial ACL. Prior notice and opportunity for public comment would require time and could result in a harvest well in excess of the established commercial ACL. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. pmangrum on DSK30RV082PROD with RULES Dated: May 25, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018–11665 Filed 5–30–18; 8:45 am] BILLING CODE 3510–22–P VerDate Sep<11>2014 14:57 May 30, 2018 Jkt 244001 50 CFR Part 648 [Docket No. 180220193–8488–02] RIN 0648–BH79 Fisheries of the Northeastern United States; Recreational Management Measures for the Summer Flounder, Scup, and Black Sea Bass Fisheries; Fishing Year 2018 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: NMFS announces management measures for the 2018 summer flounder, scup, and black sea bass recreational fisheries. The implementing regulations for these fisheries require NMFS to publish recreational measures for the fishing year. The intent of these measures is to constrain recreational catch to established limits and prevent overfishing of summer flounder, scup, and black sea bass. DATES: This rule is effective May 31, 2018. SUMMARY: Copies of the Environmental Assessment (EA) and other supporting documents for the recreational harvest measures are available from Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 800 N. State Street, Dover, DE 19901. The recreational harvest measures document is also accessible via the internet at: https://www.mafmc.org/s/ 2018-sf-bsb-rec-measures-EA.pdf. FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst, (978) 281–9244. SUPPLEMENTARY INFORMATION: ADDRESSES: Summary of Management Measures In this rule, NMFS specifies management measures for the 2018 summer flounder, scup, and black sea bass recreational fisheries consistent with the recommendations of the MidAtlantic Fishery Management Council (Council) and the Atlantic States Marine Fisheries Commission (Commission). NMFS is establishing measures that would apply in the Federal waters of the exclusive economic zone (EEZ). Additionally, these measures apply to all Federally permitted party/charter vessels with applicable summer PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 24945 flounder, scup, and black sea bass permits, regardless of where they fish, unless the state in which they land implements measures that are more restrictive. These measures are intended to achieve, but not exceed, the previously established 2018 recreational harvest limits established in a final rule published on December 22, 2017 (82 FR 60682). 2018 Summer Flounder Recreational Management Measures NMFS is implementing conservation equivalency to manage the 2018 summer flounder recreational fishery, as proposed on April 11, 2018 (83 FR 15535). These measures are consistent with the recommendation of the Council and Commission. Additional information on the development of these measures is provided in the proposed rule and not repeated here. Conservation equivalency, as established by Framework Adjustment 2 (July 29, 2001; 66 FR 36208), allows each state to establish its own recreational management measures (possession limits, minimum fish size, and fishing seasons) to achieve its state harvest limit established by the Commission from the coastwide recreational harvest limit, as long as the combined effect of all of the states’ management measures achieves the same level of conservation as Federal coastwide measures. Framework Adjustment 6 (July 26, 2006; 71 FR 42315) allowed states to form regions for conservation equivalency in order to minimize differences in regulations for anglers fishing in adjacent waters. The Commission is maintaining the provisions of Addendum XXVIII to its fishery management plan (FMP), which continues regional conservation equivalency for fishing year 2018. The Commission maintained regions that are consistent with those in place since 2016: (1) Massachusetts; (2) Rhode Island; (3) Connecticut and New York; (4) New Jersey; (5) Delaware, Maryland, and Virginia; and (6) North Carolina. The Commission’s Summer Flounder Management Board specified any adjustments to state measures in 2018 should result in no more than a 17percent liberalization in coastwide harvest relative to the projected 2017 harvest of 3.23 million lb (1,465 mt), the harvest estimate available at the December 2017 meeting. The Board specified this maximum liberalization due to concerns about the status of the summer flounder stock, as well as concerns that harvest estimates for 2017 appeared to be anomalously low in terms of effort and landings. The cap on liberalization is to address concerns that E:\FR\FM\31MYR1.SGM 31MYR1

Agencies

[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Rules and Regulations]
[Pages 24944-24945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11665]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

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


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

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

ACTION: Temporary rule; closure.

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

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

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

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

[[Page 24945]]

species were harvested in state or Federal waters.

Classification

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

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

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