Fisheries of the Northeastern United States; Monkfish Fishery; 2019 Monkfish Specifications, 10267-10268 [2019-05283]

Download as PDF Federal Register / Vol. 84, No. 54 / Wednesday, March 20, 2019 / Rules and Regulations 6. The Bureau also dismisses as moot ten pending petitions for retroactive waiver as well as the two pending petitions for reconsideration. The Court of Appeals for the D.C. Circuit declared unlawful and vacated the 2006 Solicited Fax Rule and the Bureau accordingly eliminated the rule as described above. Therefore, the Bureau finds no need to consider the remaining pending petitions seeking temporary waiver of the rule or seeking reconsideration of the Commission’s application of the rule. jbell on DSK30RV082PROD with RULES Ordering Clauses 7. Pursuant to sections 4(i), 4(j), and 227 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), (j), 227, and the authority delegated in §§ 0.141 and 0.361 of the Commission’s rules, 47 CFR 0.141, 0.361, that the Order is adopted and that § 64.1200 of the Commission’s rules, 47 CFR 64.1200 is amended. 8. Pursuant to sections 4(i), 4(j), and 227 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), (j), and 227, and § 1.3 off the Commission’s rules, 47 CFR 1.3, and the authority delegated in §§ 0.141 and 0.361 of the Commission’s rules, 47 CFR 0.141, 0.361, that the petitions for retroactive waiver of § 64.1200(a)(4)(iv) of the Commission’s rules, 47 CFR 64.1200(a)(4)iv), filed by Safemark Systems, LP, Cynosure, Inc., United Auto Credit Corporation, Brigadoon Fitness Inc. and Brigadoon Financial Inc., Renue Systems Development Corp., Inc., et al., Chester Limited, Inc., Foot Levelers, Inc., M3 USA Corporation, Lane Labs-USA, Inc, and Getaway Seminars, Inc. are dismissed as moot. 9. Pursuant to sections 4(i), 4(j), and 227 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), (j), and 227, and § 1.3 of the Commission’s rules, 47 CFR 1.3, and the authority delegated in § § 0.141 and 0.361 of the rules, 47 CFR 0.141, 0.361, that the petitions for reconsideration filed by Fetch, Inc., d/b/a Petplan and Ohio National Mutual, Inc., are dismissed as moot. 10. CGB’s Reference Information Center, shall send a copy of the Order, including the Regulatory Flexibility Analysis, to the Chief Counsel for Advocacy of the Small Business Administration. List of Subjects in 47 CFR Part 64 Telecommunications, Telephone, Facsimile. VerDate Sep<11>2014 16:00 Mar 19, 2019 Jkt 247001 Federal Communications Commission. Daniel Margolis, Acting Legal Advisor, Consumer & Governmental Affairs Bureau. Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 64 as follows: PART 64—MISCELLANEOUS RULES RELATING TO COMMON CARRIERS 1. The authority citation for part 64 continues to read as follows: ■ Authority: 47 U.S.C. 154, 201, 202, 217, 218, 220, 222, 225, 226, 227, 228, 251(a), 251(e), 254(k), 262, 403(b)(2)(B), (c), 616, 620, 1401–1473, unless otherwise noted. § 64.1200 [Amended] 2. In § 64.1200: a. Remove paragraphs (a)(4)(iv); and b. Redesignate paragraphs (a)(4)(v), (vi), and (vii) as paragraphs (a)(4)(iv), (v), and (vi), respectively. ■ ■ ■ [FR Doc. 2019–05276 Filed 3–19–19; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Management Councils jointly manage the monkfish fishery. The fishery is divided into Northern and Southern Fishery Management Areas and there are different management measures for each area. Primary effort controls include a yearly allocation of days-atsea (DAS) and landing limits that are designed to enable the fishery to catch, but not exceed, its annual quotas. This action would continue the 2017–2019 specifications approved by the Councils in Framework Adjustment 10 to the Monkfish Fishery Management Plan. On July 12, 2017, we approved measures in Framework 10 for the 2017 fishing year (82 FR 32145), based on a recent stock assessment update and consistent with the Councils’ Scientific and Statistical Committee recommendations. At that time, we also approved the projected specifications for 2018 and 2019. Final 2019 total allowable landings in both the Northern and Southern Fishery Management Areas are summarized in Table 1. These 2019 measures are the same as those implemented in 2017 and 2018. All other requirements remain the same. TABLE 1—MONKFISH SPECIFICATIONS FOR FISHING YEAR 2019 Management area 50 CFR Part 648 Northern Fishery Management Area ......................... Southern Fishery Management Area ......................... [Docket No. 190213108–9232–01] RIN 0648–XG820–X Fisheries of the Northeastern United States; Monkfish Fishery; 2019 Monkfish Specifications National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: We are implementing specifications for the 2019 monkfish fishery. This action is necessary to ensure allowable monkfish harvest levels that will prevent overfishing and allow harvesting of optimum yield. This action is intended to establish the allowable 2019 harvest levels, consistent with the Monkfish Fishery Management Plan and previously announced multi-year specifications. DATES: The final specifications for the 2019 monkfish fishery are effective May 1, 2019, through April 30, 2020. FOR FURTHER INFORMATION CONTACT: Allison Murphy, Fishery Policy Analyst, (978) 281–9122. SUPPLEMENTARY INFORMATION: The New England and Mid-Atlantic Fishery SUMMARY: PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 10267 Total allowable landings (mt) 6,338 9,011 We have reviewed available 2018 fishery information against the 2019 specifications and we do not expect that the 2018 annual catch limit will be exceeded. Further, there is no new biological information that would require altering the projected 2019 specifications. Neither Council has recommended any changes to the previous multi-year specifications. Based on this, we are implementing the 2019 specifications as outlined in the Framework 10 final rule (82 FR 32145, July 12, 2017). The 2019 specifications will be effective until April 30, 2020. This is the final year of these specifications and new specifications will be developed by the Councils for 2020 through 2022. Classification The NMFS Assistant Administrator has determined that this final rule is consistent with the Monkfish Fishery Management Plan, the MagnusonStevens Fishery Conservation and Management Act, and other applicable law. E:\FR\FM\20MRR1.SGM 20MRR1 10268 Federal Register / Vol. 84, No. 54 / Wednesday, March 20, 2019 / Rules and Regulations This rule is exempt from review under Executive Order 12866. Pursuant to 5 U.S.C. 553(b)(B), we find good cause to waive prior public notice and opportunity for public comment on the catch limit and allocation adjustments because allowing time for notice and comment is unnecessary. The Framework 10 proposed rule provided the public with the opportunity to comment on the 2017–2019 specifications (82 FR 21498, May 9, 2017). While comments in the Framework 10 final rule were mixed on whether limits should be liberalized or made more restrictive, no comments were received on the announced 2019 specifications. Thus, the proposed and final rules that contained the projected 2017–2019 specifications provided a full opportunity for the public to comment on the substance and process of this action. Furthermore, no circumstances or conditions have changed in the 2018 monkfish fishery that would cause new concern or necessitate reopening the comment period. Finally, the final 2019 specifications being implemented by this rule are unchanged from those projected in the Framework 10 final rule. The Chief Counsel for Regulation, Department of Commerce, previously certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that the 2017– 2019 monkfish specifications would not have a significant economic impact on a substantial number of small entities. Implementing status quo specifications for 2019 will not change the conclusions drawn in that previous certification to the SBA. Because advance notice and the opportunity for public comment are not required for this action under the Administrative Procedure Act, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., do not apply to this rule. Therefore, no new regulatory flexibility analysis is required and none has been prepared. This action does not contain a collection of information requirement for the purposes of the Paperwork Reduction Act. jbell on DSK30RV082PROD with RULES Authority: 16 U.S.C. 1801 et seq. Dated: March 15, 2019. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2019–05283 Filed 3–19–19; 8:45 am] BILLING CODE 3510–22–P VerDate Sep<11>2014 16:00 Mar 19, 2019 Jkt 247001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 170817779–8161–02] RIN 0648–XG901 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Using Trawl Gear in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for Pacific cod by catcher vessels using trawl gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season apportionment of the 2019 Pacific cod total allowable catch allocated to catcher vessels using trawl gear in the BSAI. DATES: Effective 1200 hours, Alaska local time (A.l.t.), March 16, 2019, through 1200 hours, A.l.t., April 1, 2019. SUMMARY: FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens 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 A season apportionment of the 2019 Pacific cod total allowable catch (TAC) allocated to catcher vessels using trawl gear in the BSAI is 26,388 metric tons (mt) as established by the final 2019 and 2020 harvest specifications for groundfish in the BSAI (84 FR 9000, March 13, 2019). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the A season apportionment of the 2019 Pacific cod SUPPLEMENTARY INFORMATION: PO 00000 Frm 00012 Fmt 4700 Sfmt 9990 TAC allocated to trawl catcher vessels in the BSAI will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 24,000 mt and is setting aside the remaining 2,388 mt as incidental catch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by catcher vessels using trawl gear in the BSAI. While this closure is effective the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of directed fishing for Pacific cod by catcher vessels using trawl gear in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of March 14, 2019. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: March 15, 2019. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–05284 Filed 3–15–19; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\20MRR1.SGM 20MRR1

Agencies

[Federal Register Volume 84, Number 54 (Wednesday, March 20, 2019)]
[Rules and Regulations]
[Pages 10267-10268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05283]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 190213108-9232-01]
RIN 0648-XG820-X


Fisheries of the Northeastern United States; Monkfish Fishery; 
2019 Monkfish Specifications

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

ACTION: Final rule.

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SUMMARY: We are implementing specifications for the 2019 monkfish 
fishery. This action is necessary to ensure allowable monkfish harvest 
levels that will prevent overfishing and allow harvesting of optimum 
yield. This action is intended to establish the allowable 2019 harvest 
levels, consistent with the Monkfish Fishery Management Plan and 
previously announced multi-year specifications.

DATES: The final specifications for the 2019 monkfish fishery are 
effective May 1, 2019, through April 30, 2020.

FOR FURTHER INFORMATION CONTACT: Allison Murphy, Fishery Policy 
Analyst, (978) 281-9122.

SUPPLEMENTARY INFORMATION: The New England and Mid-Atlantic Fishery 
Management Councils jointly manage the monkfish fishery. The fishery is 
divided into Northern and Southern Fishery Management Areas and there 
are different management measures for each area. Primary effort 
controls include a yearly allocation of days-at-sea (DAS) and landing 
limits that are designed to enable the fishery to catch, but not 
exceed, its annual quotas. This action would continue the 2017-2019 
specifications approved by the Councils in Framework Adjustment 10 to 
the Monkfish Fishery Management Plan.
    On July 12, 2017, we approved measures in Framework 10 for the 2017 
fishing year (82 FR 32145), based on a recent stock assessment update 
and consistent with the Councils' Scientific and Statistical Committee 
recommendations. At that time, we also approved the projected 
specifications for 2018 and 2019. Final 2019 total allowable landings 
in both the Northern and Southern Fishery Management Areas are 
summarized in Table 1. These 2019 measures are the same as those 
implemented in 2017 and 2018. All other requirements remain the same.

         Table 1--Monkfish Specifications for Fishing Year 2019
------------------------------------------------------------------------
                                                               Total
                     Management area                         allowable
                                                           landings (mt)
------------------------------------------------------------------------
Northern Fishery Management Area........................           6,338
Southern Fishery Management Area........................           9,011
------------------------------------------------------------------------

    We have reviewed available 2018 fishery information against the 
2019 specifications and we do not expect that the 2018 annual catch 
limit will be exceeded. Further, there is no new biological information 
that would require altering the projected 2019 specifications. Neither 
Council has recommended any changes to the previous multi-year 
specifications. Based on this, we are implementing the 2019 
specifications as outlined in the Framework 10 final rule (82 FR 32145, 
July 12, 2017). The 2019 specifications will be effective until April 
30, 2020. This is the final year of these specifications and new 
specifications will be developed by the Councils for 2020 through 2022.

Classification

    The NMFS Assistant Administrator has determined that this final 
rule is consistent with the Monkfish Fishery Management Plan, the 
Magnuson-Stevens Fishery Conservation and Management Act, and other 
applicable law.

[[Page 10268]]

    This rule is exempt from review under Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), we find good cause to waive prior 
public notice and opportunity for public comment on the catch limit and 
allocation adjustments because allowing time for notice and comment is 
unnecessary. The Framework 10 proposed rule provided the public with 
the opportunity to comment on the 2017-2019 specifications (82 FR 
21498, May 9, 2017). While comments in the Framework 10 final rule were 
mixed on whether limits should be liberalized or made more restrictive, 
no comments were received on the announced 2019 specifications. Thus, 
the proposed and final rules that contained the projected 2017-2019 
specifications provided a full opportunity for the public to comment on 
the substance and process of this action. Furthermore, no circumstances 
or conditions have changed in the 2018 monkfish fishery that would 
cause new concern or necessitate reopening the comment period. Finally, 
the final 2019 specifications being implemented by this rule are 
unchanged from those projected in the Framework 10 final rule.
    The Chief Counsel for Regulation, Department of Commerce, 
previously certified to the Chief Counsel for Advocacy of the Small 
Business Administration (SBA) that the 2017-2019 monkfish 
specifications would not have a significant economic impact on a 
substantial number of small entities. Implementing status quo 
specifications for 2019 will not change the conclusions drawn in that 
previous certification to the SBA. Because advance notice and the 
opportunity for public comment are not required for this action under 
the Administrative Procedure Act, or any other law, the analytical 
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
do not apply to this rule. Therefore, no new regulatory flexibility 
analysis is required and none has been prepared.
    This action does not contain a collection of information 
requirement for the purposes of the Paperwork Reduction Act.

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

    Dated: March 15, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2019-05283 Filed 3-19-19; 8:45 am]
 BILLING CODE 3510-22-P
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