[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]
[[Page 66161]]
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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
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Metric Million
ton lb
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Acceptable Biological Catch......................... 1,775 3.91
Annual Catch Limit.................................. 1,775 3.91
Total Allowable Landings............................ 1,775 3.91
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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.
[[Page 66162]]
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]
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