[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Rules and Regulations]
[Pages 4849-4850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02148]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 160920861-8031-03]
RIN 0648-XE900


Fisheries of the Northeastern United States; Atlantic Deep-Sea 
Red Crab Fishery; 2018 Atlantic Deep-Sea Red Crab 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 2018 Atlantic deep-
sea red crab fishery, including an annual catch limit and total 
allowable landings limit. This action is necessary to implement 
allowable red crab harvest levels that will prevent overfishing and 
allow harvesting of optimum yield. This action is intended to establish 
the allowable 2018 harvest levels, consistent with the Atlantic Deep-
Sea Red Crab Fishery Management Plan.

DATES: The final specifications for the 2018 Atlantic deep-sea red crab 
fishery are effective March 5, 2018, through February 28, 2019.

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

SUPPLEMENTARY INFORMATION: The Atlantic deep-sea red crab fishery is 
managed by the New England Fishery Management Council. The Atlantic 
Deep-Sea Red Crab Fishery Management Plan includes a specification 
process that requires the New England Fishery Management Council to 
recommend, on a triennial basis, an acceptable biological catch, an 
annual catch limit, and total allowable landings. Collectively, these 
are the red crab specifications. Prior to the start of fishing year 
2017, the Council recommended status quo specifications for the 2017-
2019 fishing years (Table 1).

       Table 1--Council-Approved 2017-2019 Red Crab Specifications
------------------------------------------------------------------------
                                            Metric ton      Million lb
------------------------------------------------------------------------
Maximum Sustainable Yield...............           undetermined
Overfishing Limit.......................           undetermined
Optimum Yield...........................           undetermined
                                         -------------------------------
Acceptable Biological Catch.............           1,775            3.91
Annual Catch Limit......................           1,775            3.91
Total Allowable Landings................           1,775            3.91
------------------------------------------------------------------------

    On February 22, 2017, we approved status quo specifications for the 
2017 fishing year, effective through February 28, 2018, and we 
projected status quo quotas for 2018-2019 (82 FR 11322). At the end of 
each fishing year, we evaluate catch information and determine if the 
quota has been exceeded. If a quota is exceeded, the regulations at 50 
CFR 648.262(b) require a pound-for-pound reduction in a subsequent 
fishing year. We have reviewed available 2017 fishery information 
against the projected 2018 specifications. There have been no annual 
catch limit or total allowable landings overages, nor is there any new 
biological information that would require altering the projected 2018 
specifications. Because no overages occurred in 2017, we are announcing 
the final specifications for fishing year 2018, as projected in the 
2017 specifications rule (82 FR 11322), and outlined above in Table 1. 
These specifications are not expected to result in overfishing and 
adequately account for scientific uncertainty.
    The 2018 fishing year starts on March 1, 2018. The fishery 
management plan allows for the previous year's specifications to remain 
in place until replaced by a subsequent specifications action (rollover 
provision). As a result, the 2017 specifications, also 1,775 mt, remain 
in effect until replaced by the 2018 specifications included in this 
rule.
    We will publish notice in the Federal Register of any revisions to 
these specifications if an overage occurs in 2018 that would require 
adjusting the 2019 projected specifications. We will provide notice of 
the final 2019 specifications prior to the March 1, 2019, start of the 
fishing year.

Classification

    The NMFS Assistant Administrator has determined that this final 
rule is consistent with the Atlantic Deep-Sea Red Crab Fishery 
Management Plan, the Magnuson-Stevens Fishery Conservation and 
Management Act, and other applicable law.
    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 proposed rule provided the public with the opportunity 
to comment on the 2017-2019 specifications, including the projected 
2018 and 2019 specifications (81 FR 86687, December 1, 2016). No 
comments were received on the proposed rule, and this final rule 
contains no changes from the projected 2018 specifications that were 
included in both the December 1, 2016, proposed rule and the February 
22, 2017, final rule. The public and industry participants expect this 
action, because previously, in both the proposed rule and the final 
rule, we alerted the public that we would conduct a review of the 
latest available catch information in each of the interim years of the 
multi-year specifications, and announce the final quota prior to the 
March 1 start of the fishing year. 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.
    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 red crab 
specifications would not have a significant economic impact on a 
substantial number of small entities. Implementing status quo 
specifications for 2018 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.

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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: January 30, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2018-02148 Filed 2-1-18; 8:45 am]
 BILLING CODE 3510-22-P