Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Resources of the Gulf of Mexico; Temporary Measures To Reduce Overfishing of Gag, 69553-69554 [2023-22263]
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Federal Register / Vol. 88, No. 193 / Friday, October 6, 2023 / Rules and Regulations
69553
TABLE 1 TO § 102.3—CIVIL MONETARY PENALTY AUTHORITIES ADMINISTERED BY HHS—Continued
HHS
agency
CFR 1
U.S.C. section(s)
45 CFR 79.3(b)(1)(ii) .......
HHS
Date of last
penalty
figure or
adjustment 3
Description 2
Penalty against any individual who—
with knowledge or reason to know—
makes, presents or submits a false,
fictitious or fraudulent claim to the
Department.
2022
2022
Maximum
adjusted
penalty
($)
11,507
2023
Maximum
adjusted
penalty
($) 4
12,398
1 Some
HHS components have not promulgated regulations regarding their civil monetary penalty-specific statutory authorities.
2 The description is not intended to be a comprehensive explanation of the underlying violation; the statute and corresponding regulation, if applicable, should be
consulted.
3 Statutory or Inflation Act Adjustment.
4 OMB Memorandum M–16–06, Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, published February 24, 2016,
guided agencies on initial ‘‘catch-up’’ adjustment requirements, and M–17–11, Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015, published December 16, 2016; followed by M–18–03, M–19–04, M–20–05, M–21–10, M–22–07, and M–23–05
guided agencies on annual adjustment requirements
5 OMB Circular A–136, Financial Reporting Requirements, Section II.4.9, directs that agencies must make annual inflation adjustments to civil monetary penalties
and report on the adjustments in the Agency Financial Report (AFR) or Performance and Accountability Report (PAR).
6 Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, § 701(b)(1)(A) (codified as amended at 28 U.S.C. 2461 note).
7 Annual inflation adjustments are based on the percent change between each published October’s CPI–U. In this case, October 2022 CPI–U (298.012) / October
2021 CPI–U (276.589) = 1.07745.
Dated: October 2, 2023.
Xavier Becerra,
Secretary, Department of Health and Human
Services.
[FR Doc. 2023–22264 Filed 10–5–23; 8:45 am]
BILLING CODE 4150–24–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 230427–0115]
RIN 0648–BL89
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Resources of the Gulf of Mexico;
Temporary Measures To Reduce
Overfishing of Gag
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; interim
measures extended.
AGENCY:
NMFS issues this temporary
rule to extend the expiration date of
interim measures to reduce overfishing
of gag in Federal waters of the Gulf of
Mexico. This temporary rule extends the
commercial and recreational harvest
levels and the revised recreational
fishing season for gag for an additional
186 days. The purpose of this temporary
rule extension is to reduce overfishing
of gag while NMFS implements
management measures to end
overfishing of gag on a permanent basis.
DATES: As of October 6, 2023, the
expiration date for the final temporary
rule published at 88 FR 27701 on May
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:54 Oct 05, 2023
Jkt 262001
3, 2023, is extended from October 30,
2023, through May 2, 2024, unless
NMFS publishes a superseding
document in the Federal Register.
ADDRESSES: An electronic copy of the
environmental assessment (EA)
supporting these temporary measures
may be obtained from the Southeast
Regional Office website at https://
www.fisheries.noaa.gov/action/interimaction-reduce-overfishing-gag-gulfmexico. The EA includes a regulatory
impact review and a Regulatory
Flexibility Act (RFA) analysis.
FOR FURTHER INFORMATION CONTACT: Dan
Luers, NMFS Southeast Regional Office,
telephone: 727–824–5305, or email:
daniel.luers@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery in the Gulf of Mexico (Gulf)
is managed under the Fishery
Management Plan for the Reef Fish
Resources of the Gulf (FMP) and
includes gag and other federally
managed reef fish species. The FMP was
prepared by the Gulf of Mexico Fishery
Management Council (Council) and is
implemented by NMFS through
regulations at 50 CFR part 622 under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
All weights described in this
temporary rule are in gutted weight.
On May 3, 2023, NMFS published the
final temporary rule for interim
measures to reduce overfishing of gag in
Gulf Federal waters (88 FR 27701). The
final temporary rule reduced the total
annual catch limit (ACL) for gag to
661,901 lb (300,233 kg). In addition, the
final temporary rule specified the
commercial and recreational ACLs,
commercial quota, and recreational
annual catch target (ACT) using the
existing sector allocations of the total
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
ACL of 39 percent commercial and 61
percent recreational. Therefore, during
the effectiveness of the final temporary
rule and this temporary rule extension,
the commercial ACL and commercial
quota are 258,000 lb (117,027 kg) and
199,000 lb (90,265 kg), respectively. The
recreational ACL and ACT are 403,759
lb (183,142 kg) and 362,374 lb (164,370
kg), respectively.
In addition to the reduced catch limits
for gag, the final temporary rule changed
the gag recreational fishing season for
the 2023 fishing year. This temporary
rule extension continues the same
recreational fishing season of September
1 through November 9, 2023, unless
NMFS projects that recreational
landings of gag will reach the
recreational ACL sooner than November
9, 2023, and will close the recreational
sector as required by the accountability
measures specified in 50 CFR
622.41(r)(2).
This temporary rule extension
continues the measures in the final
temporary rule unchanged for an
additional 186 days, unless this
temporary rule extension is superseded
by subsequent rulemaking. The purpose
of these interim measures is to reduce
the overfishing of gag in Gulf Federal
waters while NMFS implements longterm management measures to end
overfishing and rebuild the Gulf gag
stock.
Amendment 56 was approved by the
Council at the June 2023 meeting and
includes management measures to end
overfishing of gag on a long-term basis.
NMFS is currently reviewing
Amendment 56 and developing the
proposed rule for Amendment 56 and,
if approved, expects to implement a
final rule before the expiration of the
interim measures in this temporary rule
extension in the 2024 fishing year.
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69554
Federal Register / Vol. 88, No. 193 / Friday, October 6, 2023 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
Section 305(c)(2) of the MagnusonStevens Act provides the Council the
authority to request interim measures, if
necessary, to reduce overfishing. The
Council sent a letter to NMFS, dated
June 18, 2022, requesting that NMFS
implement interim measures to
immediately reduce overfishing of gag
while long-term management measures
were developed to end overfishing of
gag. Section 305(c)(3)(B) of the
Magnuson-Stevens Act allows for
interim measures to be extended for one
additional period of 186 days provided
that the public has had an opportunity
to comment on the interim measures
and that the Council is actively
preparing an FMP amendment to
address the overfishing on a permanent
basis. NMFS published in the Federal
Register a proposed temporary rule on
February 3, 2023, and requested public
comments on these interim measures
(88 FR 7388). NMFS responded to
public comments in the final temporary
rule that was published in the Federal
Register on May 3, 2023 (88 FR 27701).
Classification
This action is issued pursuant to
section 305(c) of the Magnuson-Stevens
Act, 16 U.S.C. 1855(c). The NMFS
Assistant Administrator has determined
that this temporary rule extension is
consistent with the Magnuson-Stevens
Act and other applicable law.
This temporary rule extension has
been determined to be not significant for
purposes of Executive Order 12866.
This temporary rule extension is
exempt from the procedures of the RFA,
because this temporary rule extension is
issued without the opportunity for prior
notice and public comment.
NMFS prepared an EA for the interim
measures contained in the January 2,
2018, final temporary rule (83 FR 65).
The EA analyzed the impacts of reduced
commercial and recreational harvest
and the change to the 2023 recreational
season through the 2023 fishing year,
which includes the impacts related to
extending the interim measures. If
additional management measures are
not implemented after the extension
expires, the recreational season would
open on June 1, 2024, and the
commercial and recreational catch
limits would increase to the levels in
place prior to the final temporary rule.
Impacts during the 2024 fishing year
would be a result of the implementation
of the management measures included
in Amendment 56, which are
considered in the EA supporting that
VerDate Sep<11>2014
15:54 Oct 05, 2023
Jkt 262001
amendment. Therefore, the impacts of
extending the interim measures through
this temporary rule have already been
considered. An electronic copy of the
EA supporting the interim measures is
available from NMFS (see the
ADDRESSES section).
This temporary rule extension
contains no information collection
requirements under the Paperwork
Reduction Act of 1995.
Pursuant to the authority set forth in
5 U.S.C. 553(b)(B), there is good cause
to waive the requirements to provide
prior notice and opportunity for public
comment on this action as such
procedures for this temporary rule
extension are unnecessary and contrary
to the public interest. Such procedures
are unnecessary because NMFS already
published a proposed temporary rule on
February 3, 2023, and requested public
comments on these interim measures,
including their potential extension.
NMFS responded to public comments in
the final temporary rule published on
May 3, 2023. This temporary rule
extension continues the interim
measures unchanged for up to an
additional 186 days.
Additional notice and opportunity for
public comment are contrary to the
public interest because of the need to
continue these interim measures
without interruption to protect the gag
stock until NMFS can implement
management measures to end
overfishing and rebuild the Gulf gag
stock. Prior notice and opportunity for
public comment would require
additional time and could result in an
interruption of the interim measures
and, therefore, allow harvest in excess
of the catch limits implemented by this
temporary rule extension. Increased
harvest of gag would be inconsistent
with the purpose of implementing the
interim measures under section 305(c)
of the of the Magnuson-Stevens Act,
which is to reduce overfishing while
permanent measures can be developed
and implemented.
For the reasons just stated, there is
also 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: September 29, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[RTID 0648–XD434]
Pacific Island Fisheries; 2023
Northwestern Hawaiian Islands
Lobster Harvest Guideline
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
Notification of lobster harvest
guideline.
ACTION:
NMFS establishes the annual
harvest guideline for the commercial
lobster fishery in the Northwestern
Hawaiian Islands (NWHI) for calendar
year 2023 at zero lobsters.
SUMMARY:
DATES:
October 6, 2023.
FOR FURTHER INFORMATION CONTACT:
Keith Kamikawa, NMFS PIRO
Sustainable Fisheries, 808–725–5177.
NMFS
manages the NWHI commercial lobster
fishery under the Fishery Ecosystem
Plan for the Hawaiian Archipelago. The
regulations at 50 CFR 665.252(b) require
NMFS to publish an annual harvest
guideline for lobster Permit Area 1,
comprised of Federal waters around the
NWHI.
Regulations governing the
Papahanaumokuakea Marine National
Monument in the NWHI prohibit the
unpermitted removal of monument
resources (50 CFR 404.7), and establish
a zero annual harvest guideline for
lobsters (50 CFR 404.10(a)).
Accordingly, NMFS establishes the
harvest guideline for the NWHI
commercial lobster fishery for calendar
year 2023 at zero lobsters. Harvest of
NWHI lobster resources is not allowed.
SUPPLEMENTARY INFORMATION:
Authority: 16 U.S.C. 1801 et seq.
Dated: October 3, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–22288 Filed 10–5–23; 8:45 am]
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[FR Doc. 2023–22263 Filed 10–5–23; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 88, Number 193 (Friday, October 6, 2023)]
[Rules and Regulations]
[Pages 69553-69554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22263]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 230427-0115]
RIN 0648-BL89
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Reef Fish Resources of the Gulf of Mexico; Temporary Measures To Reduce
Overfishing of Gag
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; interim measures extended.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this temporary rule to extend the expiration date
of interim measures to reduce overfishing of gag in Federal waters of
the Gulf of Mexico. This temporary rule extends the commercial and
recreational harvest levels and the revised recreational fishing season
for gag for an additional 186 days. The purpose of this temporary rule
extension is to reduce overfishing of gag while NMFS implements
management measures to end overfishing of gag on a permanent basis.
DATES: As of October 6, 2023, the expiration date for the final
temporary rule published at 88 FR 27701 on May 3, 2023, is extended
from October 30, 2023, through May 2, 2024, unless NMFS publishes a
superseding document in the Federal Register.
ADDRESSES: An electronic copy of the environmental assessment (EA)
supporting these temporary measures may be obtained from the Southeast
Regional Office website at https://www.fisheries.noaa.gov/action/interim-action-reduce-overfishing-gag-gulf-mexico. The EA includes a
regulatory impact review and a Regulatory Flexibility Act (RFA)
analysis.
FOR FURTHER INFORMATION CONTACT: Dan Luers, NMFS Southeast Regional
Office, telephone: 727-824-5305, or email: [email protected].
SUPPLEMENTARY INFORMATION: The reef fish fishery in the Gulf of Mexico
(Gulf) is managed under the Fishery Management Plan for the Reef Fish
Resources of the Gulf (FMP) and includes gag and other federally
managed reef fish species. The FMP was prepared by the Gulf of Mexico
Fishery Management Council (Council) and is implemented by NMFS through
regulations at 50 CFR part 622 under authority of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act).
All weights described in this temporary rule are in gutted weight.
On May 3, 2023, NMFS published the final temporary rule for interim
measures to reduce overfishing of gag in Gulf Federal waters (88 FR
27701). The final temporary rule reduced the total annual catch limit
(ACL) for gag to 661,901 lb (300,233 kg). In addition, the final
temporary rule specified the commercial and recreational ACLs,
commercial quota, and recreational annual catch target (ACT) using the
existing sector allocations of the total ACL of 39 percent commercial
and 61 percent recreational. Therefore, during the effectiveness of the
final temporary rule and this temporary rule extension, the commercial
ACL and commercial quota are 258,000 lb (117,027 kg) and 199,000 lb
(90,265 kg), respectively. The recreational ACL and ACT are 403,759 lb
(183,142 kg) and 362,374 lb (164,370 kg), respectively.
In addition to the reduced catch limits for gag, the final
temporary rule changed the gag recreational fishing season for the 2023
fishing year. This temporary rule extension continues the same
recreational fishing season of September 1 through November 9, 2023,
unless NMFS projects that recreational landings of gag will reach the
recreational ACL sooner than November 9, 2023, and will close the
recreational sector as required by the accountability measures
specified in 50 CFR 622.41(r)(2).
This temporary rule extension continues the measures in the final
temporary rule unchanged for an additional 186 days, unless this
temporary rule extension is superseded by subsequent rulemaking. The
purpose of these interim measures is to reduce the overfishing of gag
in Gulf Federal waters while NMFS implements long-term management
measures to end overfishing and rebuild the Gulf gag stock.
Amendment 56 was approved by the Council at the June 2023 meeting
and includes management measures to end overfishing of gag on a long-
term basis. NMFS is currently reviewing Amendment 56 and developing the
proposed rule for Amendment 56 and, if approved, expects to implement a
final rule before the expiration of the interim measures in this
temporary rule extension in the 2024 fishing year.
[[Page 69554]]
Section 305(c)(2) of the Magnuson-Stevens Act provides the Council
the authority to request interim measures, if necessary, to reduce
overfishing. The Council sent a letter to NMFS, dated June 18, 2022,
requesting that NMFS implement interim measures to immediately reduce
overfishing of gag while long-term management measures were developed
to end overfishing of gag. Section 305(c)(3)(B) of the Magnuson-Stevens
Act allows for interim measures to be extended for one additional
period of 186 days provided that the public has had an opportunity to
comment on the interim measures and that the Council is actively
preparing an FMP amendment to address the overfishing on a permanent
basis. NMFS published in the Federal Register a proposed temporary rule
on February 3, 2023, and requested public comments on these interim
measures (88 FR 7388). NMFS responded to public comments in the final
temporary rule that was published in the Federal Register on May 3,
2023 (88 FR 27701).
Classification
This action is issued pursuant to section 305(c) of the Magnuson-
Stevens Act, 16 U.S.C. 1855(c). The NMFS Assistant Administrator has
determined that this temporary rule extension is consistent with the
Magnuson-Stevens Act and other applicable law.
This temporary rule extension has been determined to be not
significant for purposes of Executive Order 12866.
This temporary rule extension is exempt from the procedures of the
RFA, because this temporary rule extension is issued without the
opportunity for prior notice and public comment.
NMFS prepared an EA for the interim measures contained in the
January 2, 2018, final temporary rule (83 FR 65). The EA analyzed the
impacts of reduced commercial and recreational harvest and the change
to the 2023 recreational season through the 2023 fishing year, which
includes the impacts related to extending the interim measures. If
additional management measures are not implemented after the extension
expires, the recreational season would open on June 1, 2024, and the
commercial and recreational catch limits would increase to the levels
in place prior to the final temporary rule. Impacts during the 2024
fishing year would be a result of the implementation of the management
measures included in Amendment 56, which are considered in the EA
supporting that amendment. Therefore, the impacts of extending the
interim measures through this temporary rule have already been
considered. An electronic copy of the EA supporting the interim
measures is available from NMFS (see the ADDRESSES section).
This temporary rule extension contains no information collection
requirements under the Paperwork Reduction Act of 1995.
Pursuant to the authority set forth in 5 U.S.C. 553(b)(B), there is
good cause to waive the requirements to provide prior notice and
opportunity for public comment on this action as such procedures for
this temporary rule extension are unnecessary and contrary to the
public interest. Such procedures are unnecessary because NMFS already
published a proposed temporary rule on February 3, 2023, and requested
public comments on these interim measures, including their potential
extension. NMFS responded to public comments in the final temporary
rule published on May 3, 2023. This temporary rule extension continues
the interim measures unchanged for up to an additional 186 days.
Additional notice and opportunity for public comment are contrary
to the public interest because of the need to continue these interim
measures without interruption to protect the gag stock until NMFS can
implement management measures to end overfishing and rebuild the Gulf
gag stock. Prior notice and opportunity for public comment would
require additional time and could result in an interruption of the
interim measures and, therefore, allow harvest in excess of the catch
limits implemented by this temporary rule extension. Increased harvest
of gag would be inconsistent with the purpose of implementing the
interim measures under section 305(c) of the of the Magnuson-Stevens
Act, which is to reduce overfishing while permanent measures can be
developed and implemented.
For the reasons just stated, there is also 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: September 29, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-22263 Filed 10-5-23; 8:45 am]
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