Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations 66161 

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. 

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 

ton 

Million 

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 multiyear 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. 


amozie on DSK3GDR082PROD with RULES
66162 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Rules and Regulations 

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 


amozie on DSK3GDR082PROD with RULES