Snapper-Grouper Fishery of the South Atlantic; 2018 Commercial Closure for Hogfish in the Florida Keys/East Florida Area of the South Atlantic, 57339-57340 [2018-24915]

Download as PDF khammond on DSK30JT082PROD with RULES Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled ‘‘Regulatory Planning and Review’’ (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) or Executive Order 13045, entitled ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997) nor is it considered a regulatory action under Executive Order 13771, entitled ‘‘Reducing Regulations and Controlling Regulatory Costs’’ (82 FR 9339, February 3, 2017). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any special considerations under Executive Order 12898, entitled ‘‘Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations’’ (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerance 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.). VerDate Sep<11>2014 16:25 Nov 14, 2018 Jkt 247001 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). DEPARTMENT OF COMMERCE VII. Congressional Review Act RIN 0648–XG618 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). List of Subjects in 40 CFR Part 180 57339 National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 160906822–7547–02] Snapper-Grouper Fishery of the South Atlantic; 2018 Commercial Closure for Hogfish in the Florida Keys/East Florida Area of the South Atlantic National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: 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. Dated: November 1, 2018. NMFS estimates commercial hogfish Michael Goodis, landings for the FLK/EFL hogfish stock Director, Registration Division, Office of for the 2018 fishing year will reach the Pesticide Programs. annual catch limit (ACL) on November Therefore, 40 CFR chapter I is 16, 2018. Therefore, NMFS closes the amended as follows: commercial sector for the FLK/EFL hogfish stock in the South Atlantic EEZ PART 180—[AMENDED] on November 16, 2018, through the remainder of the 2018 fishing year. This ■ 1. The authority citation for part 180 closure is necessary to protect the continues to read as follows: hogfish resource in the FLK/EFL region Authority: 21 U.S.C. 321(q), 346a and 371. of the South Atlantic. ■ 2. In § 180.507: DATES: This rule is effective 12:01 a.m., ■ a. Remove the entry for ‘‘Vegetable, local time, November 16, 2018, until root, subgroup 1A’’ from the table in 12:01 a.m., local time, January 1, 2019. paragraph (a)(1). FOR FURTHER INFORMATION CONTACT: ■ b. Add alphabetically ‘‘Beet, sugar, Mary Vara, NMFS Southeast Regional roots’’; and ‘‘Vegetable, root, except Office, telephone: 727–824–5305, email: sugar beet, subgroup 1B’’ to the table in mary.vara@noaa.gov. paragraph (a)(1). SUPPLEMENTARY INFORMATION: The The additions read as follows: snapper-grouper fishery of the South Atlantic includes hogfish and is § 180.507 Azoxystrobin; tolerances for managed under the Fishery residues. Management Plan for the Snapper(a) * * * Grouper Fishery of the South Atlantic (1) * * * Region (FMP). The FMP was prepared by the South Atlantic Fishery Parts per Commodity million Management Council and is implemented by NMFS under the authority of the Magnuson-Stevens * * * * * Fishery Conservation and Management Beet, sugar, roots ....................... 5.0 Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. * * * * * The final rule for Amendment 37 to Vegetable, root, except sugar beet, subgroup 1B .................. 1.0 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 [FR Doc. 2018–24974 Filed 11–14–18; 8:45 am] (82 FR 34584; July 25, 2017). One stock BILLING CODE 6560–50–P is the Georgia through North Carolina SUMMARY: Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 E:\FR\FM\15NOR1.SGM 15NOR1 57340 Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Rules and Regulations khammond on DSK30JT082PROD with RULES (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°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°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. VerDate Sep<11>2014 16:25 Nov 14, 2018 Jkt 247001 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 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 180117042–8884–02] RIN 0648–XG624 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 Temporary rule; General category October–November fishery for 2018; fishery reopening. ACTION: NMFS has determined that a reopening of the Atlantic bluefin tuna (BFT) General category fishery is warranted. This action is intended to provide a reasonable opportunity to harvest the full annual U.S. BFT quota without exceeding it, while maintaining an equitable distribution of fishing opportunities across time periods; help achieve optimum yield in the BFT fishery; and optimize the ability of all permit categories to harvest their full BFT quota allocations. This action applies to Atlantic tunas General category (commercial) permitted vessels and Atlantic Highly Migratory Species (HMS) Charter/Headboat category permitted vessels with a commercial sale endorsement when fishing commercially for BFT. DATES: Effective 12:30 a.m., local time, November 12, 2018, through 11:30 p.m., local time, November 16, 2018. FOR FURTHER INFORMATION CONTACT: Uriah Forest-Bulley, 978–675–2154, or Larry Redd, 301–427–8503. SUPPLEMENTARY INFORMATION: Regulations implemented under the authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section 635.27 subdivides the U.S. BFT quota recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT) and as implemented by the United States among the various domestic fishing categories, per the allocations established in the 2006 Consolidated Highly Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR 58058, October 2, 2006), as amended by Amendment 7 to the 2006 Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014). NMFS is required under ATCA and the Magnuson-Stevens Act to provide U.S. fishing vessels with a reasonable opportunity to harvest the ICCAT-recommended quota. NMFS recently published a final rule (i.e., the ‘‘quota rule’’ (83 FR 51391, October 11, 2018)) that increased the baseline U.S. BFT quota from 1,058.79 mt to 1,247.86 mt and accordingly increased the subquotas for 2018, including an increase in the General category October through November period subquota from 60.7 mt to 70.2 SUMMARY: E:\FR\FM\15NOR1.SGM 15NOR1

Agencies

[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Rules and Regulations]
[Pages 57339-57340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24915]


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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.

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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: [email protected].

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