Snapper-Grouper Fishery of the South Atlantic; 2018 Commercial Accountability Measure and Closure for the Other Jacks Complex, 41018-41019 [2018-17719]
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Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Rules and Regulations
to statute, 7 U.S.C. 1501 et seq. (the
Federal Crop Insurance Act), and
regulation, 7 CFR 24.4(b) and 400.169.
The Board has this authority under an
agreement with the Secretary of
Agriculture, as permitted under section
42(c)(2) of the Office of Federal
Procurement Policy Act, 41 U.S.C.
438(c)(2).
daltland on DSKBBV9HB2PROD with RULES
6102.202 Rules for crop insurance cases
[Rule 202].
The rules of procedure for these cases
are the same as the rules of procedure
for Contract Disputes Act appeals, with
these exceptions:
(a) Rule 1(b)(48 CFR 6101.1(b)). (1)
The term ‘‘appeal’’ means a dispute
between an insurance company that is
a party to a Standard Reinsurance
Agreement (or other reinsurance
agreement) and the RMA, and the term
‘‘appellant’’ means the insurance
company filing an appeal.
(2) A notice of appeal is filed upon its
receipt by the Office of the Clerk of the
Board, not when it is mailed.
(3) The terms ‘‘petition’’ and
‘‘petitioner’’ do not apply to FCIC cases.
(b) Rule 2 (48 CFR 6101.2). (1) Rule
2(a) (48 CFR 6101.2(a)) is replaced with
the following for FCIC cases: A notice of
appeal shall be in writing and shall be
signed by the appellant or by the
appellant’s attorney or authorized
representative. If the appeal is from a
determination by the Deputy
Administrator of Insurance Services
regarding an action alleged not to be in
accordance with the provisions of a
Standard Reinsurance Agreement (or
other reinsurance agreement), or if the
appeal is from a determination by the
Deputy Administrator of Compliance
concerning a determination regarding a
compliance matter, the notice of appeal
should describe the determination in
enough detail to enable the Board to
differentiate that decision from any
other; the appellant can satisfy this
requirement by attaching to the notice of
appeal a copy of the Deputy
Administrator’s determination. If an
appeal is taken from the failure of the
Deputy Administrator to make a timely
determination, the notice of appeal
should describe in detail the matter that
the Deputy Administrator has failed to
determine; the appellant can satisfy this
requirement by attaching to the notice of
appeal a copy of the written request for
a determination it sent to the Deputy
Administrator.
(2) In Rule 2(a) (48 CFR 6101.2(a)), the
references to ‘‘contracting officer’’ are
references to ‘‘Deputy Administrator.’’
(3) Rule 2(b) (48 CFR 6101.2(b)) does
not apply to FCIC cases.
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(4) In Rule 2(d)(1) (48 CFR
6101.2(d)(1)), an appeal from a
determination of a Deputy
Administrator shall be filed no later
than 90 calendar days after the date the
appellant receives that determination.
The Board is authorized to resolve only
those appeals that are timely filed.
(5) In Rule 2(d)(2) (48 CFR
6101.2(d)(2)), an appeal may be filed
with the Board if the Deputy
Administrator fails or refuses to issue a
determination within 90 days after the
appellant submits a request for a
determination.
(c) Rule 4 (48 CFR 6101.4). (1) In Rule
4, the references to ‘‘contracting officer’’
are references to ‘‘Deputy
Administrator.’’
(2) In Rule 4(a), paragraphs (1)
through (7) (48 CFR 6101.4(a)(1) through
(7)), describing materials included in
the appeal file, are replaced by the
following:
(i) The determination of the Deputy
Administrator that is the subject of the
dispute;
(ii) The reinsurance agreement (with
amendments or modifications) at issue
in the dispute;
(iii) Pertinent correspondence
between the parties that is relevant to
the dispute, including prior
administrative determinations and
related submissions;
(iv) Documents and other tangible
materials on which the Deputy
Administrator relied in making the
underlying determination; and
(v) Any additional material pertinent
to the authority of the Board or the
resolution of the dispute.
(3) The following subsection is added
to Rule 4 (48 CFR 6101.4): Media on
which appeal file is to be submitted. All
appeal file submissions, including the
index, shall be submitted in two forms:
Paper and in a text or .pdf format
submitted on a compact disk. Each
compact disk shall be labeled with the
name and docket number of the case.
The judge may delay the submission of
the compact disk copy of the appeal file
until the close of the evidentiary record.
(d) Rule 5 (48 CFR 6101.5). In Rule
5(a)(2) (48 CFR 6101.5(a)(2)), the
references to ‘‘contracting officer’’ are
references to ‘‘Deputy Administrator.’’
(e) Rule 15 (48 CFR 6101.15). In Rule
15(c) (48 CFR 6101.15(c)), the final
sentence does not apply to FCIC cases.
(f) Rule 16 (48 CFR 6101.16). Rules 16
(b) through (h) (48 CFR 6101.16(b)
through (h)) do not apply to FCIC cases.
Instead, upon the written request of any
party filed with the Office of the Clerk
of the Board, or upon the initiative of a
judge, a judge is authorized by
delegation from the Secretary of
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Agriculture to request the appropriate
United States Attorney to apply to the
appropriate United States District Court
for the issuance of subpoenas pursuant
to 5 U.S.C. 304.
(g) Rule 25 (48 CFR 6101.25). In Rule
25(a) (48 CFR 6101.25(a)), the phrase,
‘‘except as allowed by Rule 52,’’ does
not apply to FCIC cases.
(h) Rule 32 (48 CFR 6101.32). Rule 32
(a) through (c) (48 CFR 6101.32(a)
through (c)) are replaced with the
following for FCIC cases:
(1) Finality of Board decision. A
decision of the Board is a final
administrative decision.
(2) Appeal permitted. An appellant
may file suit in the appropriate United
States District Court to challenge the
Board’s decision. An appellant filing
such a suit shall provide the Board with
a copy of the complaint.
(i) Rule 52 (48 CFR 6101.52). Rule 52
does not apply to FCIC cases.
(j) Rule 53 (48 CFR 6101.52). Rule 53
does not apply to FCIC cases.
[FR Doc. 2018–17213 Filed 8–16–18; 8:45 am]
BILLING CODE 6820–AL–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120815345–3525–02]
RIN 0648–XG420
Snapper-Grouper Fishery of the South
Atlantic; 2018 Commercial
Accountability Measure and Closure
for the Other Jacks Complex
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
Other Jacks Complex commercial sector
in the exclusive economic zone (EEZ) of
the South Atlantic for the 2018 fishing
year through this temporary rule. The
Other Jacks Complex is composed of the
lesser amberjack, almaco jack, and
banded rudderfish. NMFS projects that
commercial landings of the Other Jacks
Complex will reach the combined
commercial annual catch limit (ACL) by
August 22, 2018. Therefore, NMFS
closes the commercial sector for this
complex in the South Atlantic EEZ, on
August 22, 2018, and it will remain
closed until the start of the next fishing
year on January 1, 2019. This closure is
SUMMARY:
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Federal Register / Vol. 83, No. 160 / Friday, August 17, 2018 / Rules and Regulations
necessary to protect the lesser
amberjack, almaco jack, and banded
rudderfish resources.
DATES: This temporary rule is effective
at 12:01 a.m., local time, on August 22,
2018, until 12:01 a.m., local time, on
January 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic includes lesser amberjack,
almaco jack, and banded rudderfish,
which combined are the Other Jacks
Complex. The Other Jacks Complex is
managed under the Fishery
Management Plan for the 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 combined commercial ACL for
the Other Jacks Complex is 189,422 lb
(85,920 kg), round weight. Under 50
CFR 622.193(l)(1)(i), NMFS is required
to close the commercial sector for the
Other Jacks Complex when the
commercial ACL has been reached, or is
projected to be reached, by filing a
notification to that effect with the Office
of the Federal Register. NMFS has
determined that the commercial sector
for this complex is projected to reach its
ACL by August 22, 2018. Therefore, this
temporary rule implements an AM to
close the commercial sector for the
Other Jacks Complex in the South
Atlantic, effective at 12:01 a.m., local
time, on August 22, 2018.
The operator of a vessel with a valid
commercial permit for South Atlantic
snapper-grouper having lesser
amberjack, almaco jack, or banded
rudderfish on board must have landed
and bartered, traded, or sold such
species prior to 12:01 a.m., local time,
on August 22, 2018. During the
commercial closure, the recreational bag
limit specified in 50 CFR 622.187(b)(8)
and the possession limits specified in 50
CFR 622.187(c) apply to all harvest or
possession of lesser amberjack, almaco
jack, or banded rudderfish in or from
the South Atlantic EEZ, while the
recreational sector is open. These
recreational bag and possession limits
apply in the South Atlantic on board a
vessel for which a valid Federal
commercial or charter vessel/headboat
permit for South Atlantic snappergrouper has been issued, regardless of
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Jkt 244001
whether such species were harvested in
state or Federal waters. During the
commercial closure, the sale or
purchase of lesser amberjack, almaco
jack, or banded rudderfish taken from
the South Atlantic EEZ is prohibited.
Classification
Authority: 16 U.S.C. 1801 et seq.
Dated: August 13, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–17719 Filed 8–16–18; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 170816769–8162–02]
The Regional Administrator for the
NMFS Southeast Region has determined
this temporary rule is necessary for the
conservation and management of the
fish in the Other Jacks Complex, a
component of the South Atlantic
snapper-grouper fishery, and is
consistent with the Magnuson-Stevens
Act and other applicable laws.
This action is taken under 50 CFR
622.193(l)(1)(i) and is exempt from
review under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
public comment.
This action responds to the best
scientific information available. The
Assistant Administrator for NOAA
Fisheries (AA) finds that the need to
immediately implement this action to
close the commercial sector for the
Other Jacks Complex constitutes good
cause to waive the requirements to
provide prior notice and opportunity for
public comment pursuant to the
authority set forth in 5 U.S.C. 553(b)(B),
as such procedures are unnecessary and
contrary to the public interest. Such
procedures are unnecessary because the
rule implementing the AM itself has
been subject to notice and comment,
and all that remains is to notify the
public of the closure. Such procedures
are contrary to the public interest
because of the need to immediately
implement this action to protect the
species in the Other Jacks Complex,
since the capacity of the fishing fleet
allows for rapid harvest of the
commercial ACL. Prior notice and
opportunity for public comment would
require time and would potentially
result in a harvest well in excess of the
established commercial ACL.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
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Sfmt 4700
RIN 0648–XG402
Fisheries of the Exclusive Economic
Zone Off Alaska; Sablefish in the West
Yakutat District of the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting retention
of sablefish by vessels using trawl gear
in the West Yakutat District of the Gulf
of Alaska (GOA). This action is
necessary because the 2018 total
allowable catch of sablefish allocated to
vessels using trawl gear in the West
Yakutat District of the GOA will be
reached.
SUMMARY:
Effective 1200 hours, Alaska
local time (A.l.t.), August 14, 2018,
through 2400 hours, A.l.t., December 31,
2018.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
The 2018 total allowable catch (TAC)
of sablefish allocated to vessels using
trawl gear in the West Yakutat District
of the GOA is 240 metric tons (mt) as
established by the final 2018 and 2019
harvest specifications for groundfish of
the GOA (83 FR 8768, March 1, 2018).
In accordance with § 679.20(d)(2), the
Administrator, Alaska Region, NMFS
(Regional Administrator), has
determined that the 2018 TAC of
sablefish allocated to vessels using trawl
gear in the West Yakutat District of the
GOA will be reached. Therefore, NMFS
is requiring that sablefish caught by
vessels using trawl gear in the West
Yakutat District of the GOA be treated
as prohibited species in accordance
with § 679.21(b).
DATES:
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]]>Agencies
[Federal Register Volume 83, Number 160 (Friday, August 17, 2018)]
[Rules and Regulations]
[Pages 41018-41019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17719]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120815345-3525-02]
RIN 0648-XG420
Snapper-Grouper Fishery of the South Atlantic; 2018 Commercial
Accountability Measure and Closure for the Other Jacks Complex
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements an accountability measure (AM) for the Other
Jacks Complex commercial sector in the exclusive economic zone (EEZ) of
the South Atlantic for the 2018 fishing year through this temporary
rule. The Other Jacks Complex is composed of the lesser amberjack,
almaco jack, and banded rudderfish. NMFS projects that commercial
landings of the Other Jacks Complex will reach the combined commercial
annual catch limit (ACL) by August 22, 2018. Therefore, NMFS closes the
commercial sector for this complex in the South Atlantic EEZ, on August
22, 2018, and it will remain closed until the start of the next fishing
year on January 1, 2019. This closure is
[[Page 41019]]
necessary to protect the lesser amberjack, almaco jack, and banded
rudderfish resources.
DATES: This temporary rule is effective at 12:01 a.m., local time, on
August 22, 2018, until 12:01 a.m., local time, on January 1, 2019.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, email: [email protected].
SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South
Atlantic includes lesser amberjack, almaco jack, and banded rudderfish,
which combined are the Other Jacks Complex. The Other Jacks Complex is
managed under the Fishery Management Plan for the Snapper-Grouper
Fishery of the South Atlantic Region (FMP). The FMP was prepared by the
South Atlantic Fishery Management Council and is implemented by NMFS
under the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part
622.
The combined commercial ACL for the Other Jacks Complex is 189,422
lb (85,920 kg), round weight. Under 50 CFR 622.193(l)(1)(i), NMFS is
required to close the commercial sector for the Other Jacks Complex
when the commercial ACL has been reached, or is projected to be
reached, by filing a notification to that effect with the Office of the
Federal Register. NMFS has determined that the commercial sector for
this complex is projected to reach its ACL by August 22, 2018.
Therefore, this temporary rule implements an AM to close the commercial
sector for the Other Jacks Complex in the South Atlantic, effective at
12:01 a.m., local time, on August 22, 2018.
The operator of a vessel with a valid commercial permit for South
Atlantic snapper-grouper having lesser amberjack, almaco jack, or
banded rudderfish on board must have landed and bartered, traded, or
sold such species prior to 12:01 a.m., local time, on August 22, 2018.
During the commercial closure, the recreational bag limit specified in
50 CFR 622.187(b)(8) and the possession limits specified in 50 CFR
622.187(c) apply to all harvest or possession of lesser amberjack,
almaco jack, or banded rudderfish in or from the South Atlantic EEZ,
while the recreational sector is open. These recreational bag and
possession limits apply in the South Atlantic on board a vessel for
which a valid Federal commercial or charter vessel/headboat permit for
South Atlantic snapper-grouper has been issued, regardless of whether
such species were harvested in state or Federal waters. During the
commercial closure, the sale or purchase of lesser amberjack, almaco
jack, or banded rudderfish taken from the South Atlantic EEZ is
prohibited.
Classification
The Regional Administrator for the NMFS Southeast Region has
determined this temporary rule is necessary for the conservation and
management of the fish in the Other Jacks Complex, a component of the
South Atlantic snapper-grouper fishery, and is consistent with the
Magnuson-Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.193(l)(1)(i) and is exempt
from review under Executive Order 12866.
These measures are exempt from the procedures of the Regulatory
Flexibility Act because the temporary rule is issued without
opportunity for prior notice and public comment.
This action responds to the best scientific information available.
The Assistant Administrator for NOAA Fisheries (AA) finds that the need
to immediately implement this action to close the commercial sector for
the Other Jacks Complex constitutes good cause to waive the
requirements to provide prior notice and opportunity for public comment
pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such
procedures are unnecessary and contrary to the public interest. Such
procedures are unnecessary because the rule implementing the AM itself
has been subject to notice and comment, and all that remains is to
notify the public of the closure. Such procedures are contrary to the
public interest because of the need to immediately implement this
action to protect the species in the Other Jacks Complex, since the
capacity of the fishing fleet allows for rapid harvest of the
commercial ACL. Prior notice and opportunity for public comment would
require time and would potentially result in a harvest well in excess
of the established commercial ACL.
For the aforementioned reasons, the AA also finds good cause to
waive the 30-day delay in the effectiveness of this action under 5
U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: August 13, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-17719 Filed 8-16-18; 8:45 am]
BILLING CODE 3510-22-P
