Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Resources of the Gulf of Mexico; Commercial Reef Fish Fishery of the Gulf of Mexico; 2019 Red Grouper Commercial Quota Retention, 64480-64481 [2018-27201]
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Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Rules and Regulations
rulemakings from any requirement to
prepare an environmental assessment or
an environmental impact statement
because they do not increase or decrease
air, water or noise pollution or the use
of fossil fuels, recyclables, or energy. 46
CFR 504.4. This rule regards the
Commission’s interpretation of the
scope of 46 U.S.C. 41102(c) and the
elements necessary for a successful
claim for reparations under that section.
This rulemaking thus falls within the
categorical exclusion for matters related
solely to the issue of Commission
jurisdiction and the exclusion for
investigatory and adjudicatory
proceedings to ascertain past violations
of the Shipping Act. See 46 CFR
504.4(a)(20), (22). Therefore, no
environmental assessment or
environmental impact statement is
required.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3521) (PRA) requires an
agency to seek and receive approval
from the Office of Management and
Budget (OMB) before collecting
information from the public. 44 U.S.C.
3507. The agency must submit
collections of information in proposed
rules to OMB in conjunction with the
publication of the notice of proposed
rulemaking. 5 CFR 1320.11. This rule
does not contain any collections of
information as defined by 44 U.S.C.
3502(3) and 5 CFR 1320.3(c).
Executive Order 12988 (Civil Justice
Reform)
This rule meets the applicable
standards in E.O. 12988 titled, ‘‘Civil
Justice Reform,’’ to minimize litigation,
eliminate ambiguity, and reduce
burden.
amozie on DSK3GDR082PROD with RULES
Regulation Identifier Number
The Commission assigns a regulation
identifier number (RIN) to each
regulatory action listed in the Unified
Agenda of Federal Regulatory and
Deregulatory Actions (Unified Agenda).
The Regulatory Information Service
Center publishes the Unified Agenda in
April and October of each year. You
may use the RIN contained in the
heading at the beginning of this
document to find this action in the
Unified Agenda, available at https://
www.reginfo.gov/public/do/
eAgendaMain.
List of Subjects in 46 CFR part 545
Antitrust, Exports, Freight forwarders,
Maritime carriers, Non-vessel-operating
common carriers, Ocean transportation
intermediaries, Licensing requirements,
Financial responsibility requirements,
VerDate Sep<11>2014
16:18 Dec 14, 2018
Jkt 247001
Reporting and recordkeeping
requirements.
For the reasons set forth above, the
Federal Maritime Commission amends
46 CFR part 545 as follows:
PART 545—INTERPRETATIONS AND
STATEMENTS OF POLICY
1. The authority citation for part 545
continues to read as follows:
■
Authority: 5 U.S.C. 553; 46 U.S.C. 305,
40307, 40501–40503, 41101–41106, and
40901–40904; 46 CFR 515.23.
■
2. Add § 545.4 to read as follows:
§ 545.4 Interpretation of Shipping Act of
1984—Unjust and unreasonable practices.
46 U.S.C. 41102(c) is interpreted to
require the following elements in order
to establish a successful claim for
reparations:
(a) The respondent is an ocean
common carrier, marine terminal
operator, or ocean transportation
intermediary;
(b) The claimed acts or omissions of
the regulated entity are occurring on a
normal, customary, and continuous
basis;
(c) The practice or regulation relates
to or is connected with receiving,
handling, storing, or delivering
property;
(d) The practice or regulation is unjust
or unreasonable; and
(e) The practice or regulation is the
proximate cause of the claimed loss.
By the Commission.
Rachel E. Dickon,
Secretary.
[FR Doc. 2018–27181 Filed 12–14–18; 8:45 am]
BILLING CODE 6731–AA–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 141104927–4927–01]
RIN 0648–XG564
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Resources of the Gulf of Mexico;
Commercial Reef Fish Fishery of the
Gulf of Mexico; 2019 Red Grouper
Commercial Quota Retention
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; withholding of
red grouper allocation.
AGENCY:
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
NMFS intends to withhold a
portion of the red grouper commercial
quota from the Individual Fishing Quota
Program for Grouper and Tilefishes
(IFQ) for the 2019 fishing year as a
result of a proposed commercial quota
reduction. The Gulf of Mexico Fishery
Management Council (Council)
requested that NMFS reduce the Gulf of
Mexico (Gulf) red grouper commercial
and recreational annual catch limits
(ACLs) and associated annual catch
targets (ACTs) through a temporary rule
to provide increased protections to the
stock. The commercial red grouper
quota is equivalent to the commercial
ACT. NMFS is currently evaluating the
Council’s request and may implement,
in early 2019, a temporary rule to
reduce the red grouper ACLs and ACTs.
Because red grouper is managed under
an IFQ program, NMFS distributes IFQ
allocation to the program shareholders
on January 1 of each year. After NMFS
distributes the applicable commercial
quota to shareholders, it cannot be
recalled. Therefore, in anticipation of
the possible commercial quota
reduction, NMFS will withhold
distribution of 59.4 percent, equivalent
to 4.78 million lb (2.17 million kg),
gutted weight, of red grouper IFQ
allocation on January 1, 2019. If the
quota reduction is not implemented by
June 1, 2019, the withheld quota will be
distributed to the shareholders. This
action is necessary to protect the red
grouper resource and to effectively
manage the IFQ program in 2019.
DATES: This rule effective 12:01 a.m.,
local time, January 1, 2019, until 12:01
a.m., local time, June 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Peter Hood, telephone: 727–824–5305,
or email: Peter.Hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Gulf includes red
grouper and is managed under the
Fishery Management Plan for the Reef
Fish Fishery of the Gulf of Mexico
(FMP). The FMP was prepared by the
Council and is implemented by NMFS
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) by regulations at 50 CFR part 622.
All weights in this temporary rule are
in gutted weight.
The current red grouper commercial
ACT (commercial quota) is 7,780,000 lb
(3,528,949 kg) and the commercial ACL
is 8,190,000 lb (3,714,922 kg). Under the
IFQ program for Gulf grouper and
tilefish species, NMFS distributes
allocation to shareholders on January 1
each year. However, regulations at 50
CFR 622.22(a)(4), authorize NMFS to
withhold distribution of IFQ allocation
SUMMARY:
E:\FR\FM\17DER1.SGM
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Federal Register / Vol. 83, No. 241 / Monday, December 17, 2018 / Rules and Regulations
amozie on DSK3GDR082PROD with RULES
on January 1 in the amount equal to an
expected reduction in the commercial
quota.
The Council’s Scientific and
Statistical Committee (SSC) recently
reviewed the results of an interim
analysis performed by the Southeast
Fisheries Science Center and
recommended that the Council reduce
the red grouper commercial and
recreational ACLs and ACTs, effective
for the 2019 fishing year. In addition,
there have been recent deceases in red
grouper landings and public testimony
at the October Council meeting
expressed concern about the status of
the red grouper stock. Therefore, at its
October 2018 meeting, the Council
began developing a framework action to
reduce the ACLs and ACTs. In the
meantime, the Council requested that
NMFS publish an interim or emergency
rule to temporarily reduce the red
grouper commercial and recreational
ACLs and associated ACTs consistent
with a red grouper stock ACL of 4.60
million lb (2.09 million kg), or the 2017
total red grouper landings, whichever is
less. The 2017 combined red grouper
commercial and recreational landings
were approximately 4.16 million lb
(1.89 million kg). Therefore, NMFS, is
considering whether to issue an interim
or emergency rule to reduce the red
grouper ACLs and ACTs consistent with
a stock ACL of 4.16 million lb (1.89
million kg).
If NMFS issues the interim or
emergency rule, the commercial ACL for
2019 would be 3.16 million lb (1.43
million kg). This is approximately a 59.4
percent reduction from the current
commercial ACL of 8.19 million lb (3.71
million kg). The commercial ACT is 95
percent of the ACL, and would be 3.00
million lb (1.36 million kg).
Based on the Council’s request, NMFS
expects a reduction in the red grouper
quota to occur after January 1, 2019.
Therefore, consistent with 50 CFR
622.22(a)(4) NMFS is withholding 4.78
million lb (2.17 million kg) of the red
grouper commercial quota when
allocation is distributed to shareholders
on January 1, 2019. If a final rule
implementing the quota reduction is not
effective by June 1, 2019, NMFS will
distribute the withheld allocation to the
shareholders.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of red grouper in the Gulf
reef fish fishery and is consistent with
the Magnuson-Stevens Act and other
applicable laws.
VerDate Sep<11>2014
16:18 Dec 14, 2018
Jkt 247001
This action is taken under 50 CFR
622.22(a)(4) 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
withhold a portion of the red grouper
commercial quota 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
ability to withhold a percentage of the
commercial quota as specified at 50 CFR
622.22(a)(4) has already been subject to
notice and public comment. All that
remains is to notify the public of the
amount of the applicable commercial
quota to be withheld on January 1, 2019.
Such procedures are contrary to the
public interest because of the need to
immediately implement this action to
protect the red grouper stock and
effectively manage the Gulf IFQ
program.
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: December 11, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–27201 Filed 12–14–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 170828822–70999–04]
RIN 0648–XG669
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Quota Transfer
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
AGENCY:
PO 00000
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Fmt 4700
Sfmt 4700
64481
NMFS announces that the
Commonwealth of Virginia is
transferring a portion of its 2018
commercial summer flounder quota to
the State of Connecticut. This quota
adjustment is necessary to comply with
the Summer Flounder, Scup, and Black
Sea Bass Fishery Management Plan
quota transfer provisions. This
announcement informs the public of the
revised commercial quotas for Virginia
and Connecticut.
DATES: Effective December 14, 2018,
through December 31, 2018.
FOR FURTHER INFORMATION CONTACT:
Cynthia Ferrio, Fishery Management
Specialist, (978) 281–9180.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are found in 50 CFR
648.100 through 648.110. These
regulations require annual specification
of a commercial quota that is
apportioned among the coastal states
from Maine through North Carolina. The
process to set the annual commercial
quota and the percent allocated to each
state is described in § 648.102, and the
initial 2018 allocations were published
on December 22, 2017 (82 FR 60682),
and corrected January 30, 2018 (83 FR
4165).
The final rule implementing
Amendment 5 to the Summer Flounder
Fishery Management Plan, as published
in the Federal Register on December 17,
1993 (58 FR 65936), provided a
mechanism for transferring summer
flounder commercial quota from one
state to another. Two or more states,
under mutual agreement and with the
concurrence of the NMFS Greater
Atlantic Regional Administrator, can
transfer or combine summer flounder
commercial quota under § 648.102(c)(2).
The Regional Administrator is required
to consider the criteria in
§ 648.102(c)(2)(i)(A) through (C) in the
evaluation of requests for quota transfers
or combinations.
Virginia is transferring 20,000 lb
(9,072 kg) of summer flounder
commercial quota to Connecticut
through mutual agreement of the states.
Based on the initial quotas published in
the 2018 Summer Flounder, Scup, and
Black Sea Bass Specifications and
subsequent adjustments, the revised
summer flounder quotas for calendar
year 2018 are now: Virginia, 1,351,972
lb (613,244 kg); and Connecticut,
167,768 lb (76,098 kg).
SUMMARY:
Classification
This action is taken under 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
E:\FR\FM\17DER1.SGM
17DER1
]]>Agencies
[Federal Register Volume 83, Number 241 (Monday, December 17, 2018)]
[Rules and Regulations]
[Pages 64480-64481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27201]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 141104927-4927-01]
RIN 0648-XG564
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Resources of the Gulf of Mexico; Commercial Reef Fish Fishery
of the Gulf of Mexico; 2019 Red Grouper Commercial Quota Retention
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; withholding of red grouper allocation.
-----------------------------------------------------------------------
SUMMARY: NMFS intends to withhold a portion of the red grouper
commercial quota from the Individual Fishing Quota Program for Grouper
and Tilefishes (IFQ) for the 2019 fishing year as a result of a
proposed commercial quota reduction. The Gulf of Mexico Fishery
Management Council (Council) requested that NMFS reduce the Gulf of
Mexico (Gulf) red grouper commercial and recreational annual catch
limits (ACLs) and associated annual catch targets (ACTs) through a
temporary rule to provide increased protections to the stock. The
commercial red grouper quota is equivalent to the commercial ACT. NMFS
is currently evaluating the Council's request and may implement, in
early 2019, a temporary rule to reduce the red grouper ACLs and ACTs.
Because red grouper is managed under an IFQ program, NMFS distributes
IFQ allocation to the program shareholders on January 1 of each year.
After NMFS distributes the applicable commercial quota to shareholders,
it cannot be recalled. Therefore, in anticipation of the possible
commercial quota reduction, NMFS will withhold distribution of 59.4
percent, equivalent to 4.78 million lb (2.17 million kg), gutted
weight, of red grouper IFQ allocation on January 1, 2019. If the quota
reduction is not implemented by June 1, 2019, the withheld quota will
be distributed to the shareholders. This action is necessary to protect
the red grouper resource and to effectively manage the IFQ program in
2019.
DATES: This rule effective 12:01 a.m., local time, January 1, 2019,
until 12:01 a.m., local time, June 1, 2019.
FOR FURTHER INFORMATION CONTACT: Peter Hood, telephone: 727-824-5305,
or email: Peter.Hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf includes
red grouper and is managed under the Fishery Management Plan for the
Reef Fish Fishery of the Gulf of Mexico (FMP). The FMP was prepared by
the 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.
All weights in this temporary rule are in gutted weight.
The current red grouper commercial ACT (commercial quota) is
7,780,000 lb (3,528,949 kg) and the commercial ACL is 8,190,000 lb
(3,714,922 kg). Under the IFQ program for Gulf grouper and tilefish
species, NMFS distributes allocation to shareholders on January 1 each
year. However, regulations at 50 CFR 622.22(a)(4), authorize NMFS to
withhold distribution of IFQ allocation
[[Page 64481]]
on January 1 in the amount equal to an expected reduction in the
commercial quota.
The Council's Scientific and Statistical Committee (SSC) recently
reviewed the results of an interim analysis performed by the Southeast
Fisheries Science Center and recommended that the Council reduce the
red grouper commercial and recreational ACLs and ACTs, effective for
the 2019 fishing year. In addition, there have been recent deceases in
red grouper landings and public testimony at the October Council
meeting expressed concern about the status of the red grouper stock.
Therefore, at its October 2018 meeting, the Council began developing a
framework action to reduce the ACLs and ACTs. In the meantime, the
Council requested that NMFS publish an interim or emergency rule to
temporarily reduce the red grouper commercial and recreational ACLs and
associated ACTs consistent with a red grouper stock ACL of 4.60 million
lb (2.09 million kg), or the 2017 total red grouper landings, whichever
is less. The 2017 combined red grouper commercial and recreational
landings were approximately 4.16 million lb (1.89 million kg).
Therefore, NMFS, is considering whether to issue an interim or
emergency rule to reduce the red grouper ACLs and ACTs consistent with
a stock ACL of 4.16 million lb (1.89 million kg).
If NMFS issues the interim or emergency rule, the commercial ACL
for 2019 would be 3.16 million lb (1.43 million kg). This is
approximately a 59.4 percent reduction from the current commercial ACL
of 8.19 million lb (3.71 million kg). The commercial ACT is 95 percent
of the ACL, and would be 3.00 million lb (1.36 million kg).
Based on the Council's request, NMFS expects a reduction in the red
grouper quota to occur after January 1, 2019. Therefore, consistent
with 50 CFR 622.22(a)(4) NMFS is withholding 4.78 million lb (2.17
million kg) of the red grouper commercial quota when allocation is
distributed to shareholders on January 1, 2019. If a final rule
implementing the quota reduction is not effective by June 1, 2019, NMFS
will distribute the withheld allocation to the shareholders.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
red grouper in the Gulf reef fish fishery and is consistent with the
Magnuson-Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.22(a)(4) 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 withhold a portion of the red
grouper commercial quota 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 ability to withhold a percentage
of the commercial quota as specified at 50 CFR 622.22(a)(4) has already
been subject to notice and public comment. All that remains is to
notify the public of the amount of the applicable commercial quota to
be withheld on January 1, 2019. Such procedures are contrary to the
public interest because of the need to immediately implement this
action to protect the red grouper stock and effectively manage the Gulf
IFQ program.
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: December 11, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-27201 Filed 12-14-18; 8:45 am]
BILLING CODE 3510-22-P
