Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Closure, 10158-10159 [08-835]

Download as PDF 10158 Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Rules and Regulations eliminate ambiguity, and reduce burden. Executive Order 13045 (Protection of Children) The FMCSA analyzed this action under Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks. We determined that this rulemaking will not concern an environmental risk to health or safety that may disproportionately affect children. Executive Order 13211 (Energy Effects) Executive Order 12630 (Taking of Private Property) This rulemaking does not effect a taking of private property or otherwise have taking implications under Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights. Executive Order 13132 (Federalism) The FMCSA analyzed this rule in accordance with the principles and criteria contained in Executive Order 13132. The FMCSA has determined that this rulemaking will not have a substantial direct effect on States, nor will it limit the policy-making discretion of the States. Nothing in this document will preempt any State law or regulation. Executive Order 12372 (Intergovernmental Review) The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this program. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that FMCSA consider the impact of paperwork and other information collection burdens imposed on the public. We have determined that there are no new information collection requirements associated with this final rule. pwalker on PROD1PC71 with RULES National Environmental Policy Act The FMCSA analyzed this final rule for the purpose of the National Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.) and determined under our environmental procedures Order 5610.1, issued March 1, 2004 (69 FR 9680), that this action is categorically excluded (CE) under Appendix 2, paragraph 6.h of the Order from environmental documentation. In addition, the Agency believes that this action includes no extraordinary circumstances that will have any effect VerDate Aug<31>2005 19:04 Feb 25, 2008 Jkt 214001 on the quality of the environment. Thus, the action does not require an environmental assessment or an environmental impact statement. The FMCSA also analyzed this rule under the Clean Air Act, as amended (CAA), section 176(c) (42 U.S.C. 7401, et seq.), and implementing regulations promulgated by the Environmental Protection Agency. Approval of this action is exempt from the CAA’s general conformity requirement since it will have no effect on the environment. The FMCSA analyzed this action under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We determined that it is not a ‘‘significant energy action’’ under that Executive Order because it will not be likely to have a significant adverse effect on the supply, distribution, or use. List of Subjects in 49 CFR Part 367 Commercial motor vehicle, Financial responsibility, Motor carriers, Motor vehicle safety, Registration, Reporting and recordkeeping requirements. In consideration of the foregoing, FMCSA amends title 49, Code of Federal Regulations, part 367, as follows: I PART 367—STANDARDS FOR REGISTRATION WITH STATES 1. The authority citation for part 367 continues to read as follows: I Authority: 49 U.S.C. 13301, 14504, 14504a; and 49 CFR 1.73. 2. Correct the section heading and the title of the table in § 367.20 to read as follows: I § 367.20 Fees under the Unified Carrier Registration Plan and Agreement for Each Registration Year. Fees Under the Unified Carrier Registration Plan and Agreement for Each Registration Year * * * * * Issued on: February 20, 2008. John H. Hill, Administrator. [FR Doc. E8–3603 Filed 2–25–08; 8:45 am] BILLING CODE 4910–EX–P PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 001005281–0369–02] RIN 0648–XF68 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Closure National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: SUMMARY: NMFS closes the commercial fishery for king mackerel in the Florida east coast subzone. This closure is necessary to protect the Gulf king mackerel resource. DATES: The closure is effective 12:01 a.m., local time, February 21, 2008, through 12:01 a.m., local time, March 31, 2008. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727–824– 5305, fax: 727–824–5308, e-mail: Susan.Gerhart@noaa.gov. SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic fish (king mackerel, Spanish mackerel, cero, cobia, little tunny, and, in the Gulf of Mexico only, dolphin and bluefish) is managed under the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic (FMP). The FMP was prepared by the Gulf of Mexico and South Atlantic Fishery Management Councils (Councils) and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. Based on the Councils’ recommended total allowable catch and the allocation ratios in the FMP, on April 30, 2001 (66 FR 17368, March 30, 2001) NMFS implemented a commercial quota of 2.25 million lb (1.02 million kg) for the eastern zone (Florida) of the Gulf migratory group of king mackerel. That quota is further divided into separate quotas for the Florida east coast subzone and the northern and southern Florida west coast subzones. The quota implemented for the Florida east coast subzone is 1,040,625 lb (472,020 kg) (50 CFR 622.42(c)(1)(i)(A)(1)). Under 50 CFR 622.43(a)(3), NMFS is required to close any segment of the E:\FR\FM\26FER1.SGM 26FER1 Federal Register / Vol. 73, No. 38 / Tuesday, February 26, 2008 / Rules and Regulations king mackerel commercial fishery when its quota has been reached, by filing a notification at the Office of the Federal Register. NMFS has determined that the commercial quota of 1,040,625 lb (472,000 kg) for Gulf group king mackerel in the Florida east coast subzone will be reached on February 20, 2008. Accordingly, the commercial fishery for king mackerel in the Florida east coast subzone is closed at 12:01 a.m., local time, February 21, 2008, through 12:01 a.m., local time, March 31, 2008. From November 1 through March 31 the Florida east coast subzone of the Gulf group king mackerel is that part of the eastern zone north of 25°20.4′ N. lat. (a line directly east from the MiamiDade/Monroe County, FL, boundary) to 29°25′ N. lat. (a line directly east from the Flagler/Volusia County, FL, boundary). Beginning April 1, the boundary between Atlantic and Gulf groups of king mackerel shifts south and west to the Monroe/Collier County boundary on the west coast of Florida. From April 1 through October 31, king mackerel harvested along the east coast of Florida, including all of Monroe County, are considered to be Atlantic group king mackerel. pwalker on PROD1PC71 with RULES Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, finds that the need to immediately implement this action to close the fishery constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such procedures would be unnecessary and contrary to the public interest. Such procedures would be unnecessary because the rule itself already has been subject to notice and comment, and all that remains is to notify the public of the closure. NMFS also finds good cause that the implementation of this action cannot be delayed for 30 days. There is a need to implement this measure in a timely fashion to prevent an overrun of the commercial fishery for king mackerel in the Florida east coast subzone, given the capacity of the fishing fleet to harvest the quota quickly. Any delay in implementing this action would be contrary to the Magnuson-Stevens Act and the FMP. Accordingly, under 5 U.S.C. 553(d), a delay in the effective date is waived. This action is taken under 50 CFR 622.43(a) and is exempt from review under Executive Order 12866. VerDate Aug<31>2005 19:04 Feb 25, 2008 Jkt 214001 Authority: 16 U.S.C. 1801 et seq. Dated: February 20, 2008. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 08–835 Filed 2–20–08; 3:59 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070213032–7032–01] RIN 0648–XF82 Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 630 of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure. AGENCY: SUMMARY: NMFS is reopening directed fishing for pollock in Statistical Area 630 of the Gulf of Alaska (GOA) for 48 hours. This action is necessary to fully use the A season allowance of the 2008 total allowable catch (TAC) of pollock specified for Statistical Area 630 of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 23, 2008, through 1200 hrs, A.l.t., February 25, 2008. Comments must be received at the following address no later than 4:30 p.m., A.l.t., March 7, 2008. ADDRESSES: Send comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Ellen Sebastian. You may submit comments, identified by 0648–XF82, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal website at https://www.regulations.gov; • Mail: P.O. Box 21668, Juneau, AK 99802; • Fax: (907) 586–7557; or • Hand delivery to the Federal Building: 709 West 9th Street, Room 420A, Juneau, AK. Instructions: All comments received are a part of the public record and will generally be posted to https:// www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 10159 submit Confidential Business Information or otherwise sensitive or protected information. NMFS will accept anonymous comments. Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. NMFS closed the directed fishery for pollock in Statistical Area 630 of the GOA under § 679.20(d)(1)(iii) on January 22, 2008 (73 FR 4494, January 25, 2008). The fishery was subsequently reopened on January 25, 2008 and closed on January 27, 2008 (73 FR 5128, January 29, 2008). NMFS has determined that approximately 2,469 mt of pollock remain in the directed fishing allowance in Statistical Area 630 of the GOA. Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C) and (a)(2)(iii)(D), and to fully utilize the A season allowance of the 2008 TAC of pollock in Statistical Area 630, NMFS is terminating the previous closure and is reopening directed fishing for pollock in Statistical Area 630 of the GOA. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance will be reached after 48 hours. Consequently, NMFS is prohibiting directed fishing for pollock in Statistical Area 630 of the GOA for 48 hours, effective 1200 hrs, A.l.t., February 25, 2008. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) and 50 CFR 679.25(c)(1)(ii) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries E:\FR\FM\26FER1.SGM 26FER1

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[Federal Register Volume 73, Number 38 (Tuesday, February 26, 2008)]
[Rules and Regulations]
[Pages 10158-10159]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-835]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XF68


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic; Closure

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; closure.

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SUMMARY: NMFS closes the commercial fishery for king mackerel in the 
Florida east coast subzone. This closure is necessary to protect the 
Gulf king mackerel resource.

DATES: The closure is effective 12:01 a.m., local time, February 21, 
2008, through 12:01 a.m., local time, March 31, 2008.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, fax: 727-824-5308, e-mail: Susan.Gerhart@noaa.gov.

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish (king mackerel, Spanish mackerel, cero, cobia, little tunny, and, 
in the Gulf of Mexico only, dolphin and bluefish) is managed under the 
Fishery Management Plan for the Coastal Migratory Pelagic Resources of 
the Gulf of Mexico and South Atlantic (FMP). The FMP was prepared by 
the Gulf of Mexico and South Atlantic Fishery Management Councils 
(Councils) and is implemented under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
by regulations at 50 CFR part 622.
    Based on the Councils' recommended total allowable catch and the 
allocation ratios in the FMP, on April 30, 2001 (66 FR 17368, March 30, 
2001) NMFS implemented a commercial quota of 2.25 million lb (1.02 
million kg) for the eastern zone (Florida) of the Gulf migratory group 
of king mackerel. That quota is further divided into separate quotas 
for the Florida east coast subzone and the northern and southern 
Florida west coast subzones. The quota implemented for the Florida east 
coast subzone is 1,040,625 lb (472,020 kg) (50 CFR 
622.42(c)(1)(i)(A)(1)).
    Under 50 CFR 622.43(a)(3), NMFS is required to close any segment of 
the

[[Page 10159]]

king mackerel commercial fishery when its quota has been reached, by 
filing a notification at the Office of the Federal Register. NMFS has 
determined that the commercial quota of 1,040,625 lb (472,000 kg) for 
Gulf group king mackerel in the Florida east coast subzone will be 
reached on February 20, 2008. Accordingly, the commercial fishery for 
king mackerel in the Florida east coast subzone is closed at 12:01 
a.m., local time, February 21, 2008, through 12:01 a.m., local time, 
March 31, 2008.
    From November 1 through March 31 the Florida east coast subzone of 
the Gulf group king mackerel is that part of the eastern zone north of 
25[deg]20.4' N. lat. (a line directly east from the Miami-Dade/Monroe 
County, FL, boundary) to 29[deg]25' N. lat. (a line directly east from 
the Flagler/Volusia County, FL, boundary). Beginning April 1, the 
boundary between Atlantic and Gulf groups of king mackerel shifts south 
and west to the Monroe/Collier County boundary on the west coast of 
Florida. From April 1 through October 31, king mackerel harvested along 
the east coast of Florida, including all of Monroe County, are 
considered to be Atlantic group king mackerel.

Classification

    This action responds to the best available information recently 
obtained from the fishery. The Assistant Administrator for Fisheries, 
NOAA, finds that the need to immediately implement this action to close 
the fishery constitutes good cause to waive the requirements to provide 
prior notice and opportunity for public comment pursuant to the 
authority set forth in 5 U.S.C. 553(b)(B), as such procedures would be 
unnecessary and contrary to the public interest. Such procedures would 
be unnecessary because the rule itself already has been subject to 
notice and comment, and all that remains is to notify the public of the 
closure.
    NMFS also finds good cause that the implementation of this action 
cannot be delayed for 30 days. There is a need to implement this 
measure in a timely fashion to prevent an overrun of the commercial 
fishery for king mackerel in the Florida east coast subzone, given the 
capacity of the fishing fleet to harvest the quota quickly. Any delay 
in implementing this action would be contrary to the Magnuson-Stevens 
Act and the FMP. Accordingly, under 5 U.S.C. 553(d), a delay in the 
effective date is waived.
    This action is taken under 50 CFR 622.43(a) and is exempt from 
review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: February 20, 2008.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 08-835 Filed 2-20-08; 3:59 pm]
BILLING CODE 3510-22-P
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