[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Rules and Regulations]
[Pages 66161-66162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27871]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 160920861-8999-04]
RIN 0648-XE900


Fisheries of the Northeastern United States; Atlantic Deep-Sea 
Red Crab Fishery; 2019 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 finalizing specifications for the 2019 Atlantic deep-
sea red crab fishery, including an annual catch limit and total 
allowable landings limit. This action is necessary to fully implement 
previously projected allowable red crab 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 Atlantic Deep-Sea Red Crab Fishery Management Plan.

DATES: The final specifications for the 2019 Atlantic deep-sea red crab 
fishery are effective March 1, 2019, through February 28, 2020.

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 specifications for the 2017-2019 fishing 
years (Table 1).

       Table 1--Council-Approved 2017-2019 Red Crab Specifications
------------------------------------------------------------------------
                                                       Metric    Million
                                                         ton       lb
------------------------------------------------------------------------
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 2018 fishery information 
against the projected 2019 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 2019 
specifications published in 2017. Because no overages occurred in 2018, 
we are finalizing specifications for fishing year 2019, 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. This is the final year 
of these specifications, and new specifications will be developed by 
the Council for 2020 and beyond.

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 for the 2017-2019 specifications 
provided the public with the opportunity to comment on the 
specifications, including the projected 2018 and 2019 specifications 
(81 FR 86687, December 1, 2016). We received no comments on the 
proposed rule announcing the projected 2017-2019 specification and the 
process for announcing finalized interim year quotas. Further, this 
final rule contains no changes from the projected 2019 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 the 2019 
specifications 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.

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    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: December 19, 2018.
Donna S. Wieting,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2018-27871 Filed 12-21-18; 8:45 am]
 BILLING CODE 3510-22-P