Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Closure, 8879-8880 [E9-4273]

Download as PDF Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations b. In paragraph (d)(3)(ii), remove the date ‘‘February 18, 2009’’ and add in its place the date ‘‘June 13, 2009’’. ■ 12. Amend § 73.674 as follows: ■ a. In paragraphs (b)(3), (c)(1), (d)(5), (e)(1) and (e)(2), remove the date ‘‘February 17, 2009’’ and add in its place the date ‘‘June 12, 2009’’ each place it appears, and remove the date ‘‘March 31, 2009’’ and add in its place the date ‘‘June 30, 2009’’ each place it appears. ■ b. In paragraphs (d)(6) and (d)(6)(iv), remove the date ‘‘November 10, 2008’’ and add in its place the date ‘‘March 4, 2009’’ and remove the date ‘‘February 17, 2009’’ and add in its place the word ‘‘transition’’. ■ c. Revise paragraph (c)(3)(vi)(A), to read as follows: ■ § 73.674 Digital television transition notices by broadcasters. * * * * * (c) * * * (3) * * * (vi) * * * (A) The nationwide switch to digital television broadcasting will be complete on June 12, 2009, but your local television stations may switch sooner. After the switch, analog-only television sets that receive TV programming through an antenna will need a converter box to continue to receive over-the-air TV. Watch your local stations to find out when they will turn off their analog signal and switch to digital-only broadcasting. Analog-only TVs should continue to work as before to receive low power, Class A or translator television stations and with cable and satellite TV services, gaming consoles, VCRs, DVD players, and similar products. * * * * * ■ 13. In § 73.3598, paragraph (b)(3), remove the date ‘‘February 17, 2009’’ and add in its place the date ‘‘June 12, 2009’’. dwashington3 on PROD1PC60 with RULES Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 307, 308, 309, 312, 315, 317, 325, 336, 339, 503, 521, 522, 531, 532, 533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 560, 561, 571, 572, 573. 15. Amend § 76.1630 as follows: a. In paragraph (a), remove the words ‘‘April 26, 2008’’ and add in their place the date ‘‘April 1, 2009,’’ and remove the words ‘‘in March’’ and add in their place the words ‘‘on June 30,’’. Jkt 217001 * * * * (b) * * * (2) * * * (i) The nationwide switch to digital television broadcasting will be complete on June 12, 2009, but your local television stations may switch sooner. After the switch, analog-only television sets that receive TV programming through an antenna will need a converter box to continue to receive over-the-air TV. Watch your local stations to find out when they will turn off their analog signal and switch to digital-only broadcasting. Analog-only TVs should continue to work as before to receive low power, Class A or translator television stations and with cable and satellite TV services, gaming consoles, VCRs, DVD players, and similar products. (ii) Information about the DTV transition is available from your local television stations, https://www.DTV.gov, 1–888–CALL–FCC (TTY 1–888–TELL– FCC), or this MVPD at [telephone number and Web site if available], and from https://www.dtv2009.gov or 1–888– DTV–2009 (TTY 1–877–530–2634) for information about subsidized coupons for digital-to-analog converter boxes; * * * * * PART 90—PRIVATE LAND MOBILE RADIO SERVICES 16. The authority citation for part 90 continues to read as follows: ■ Authority: Sections 4(i), 11, 303(g), 303(r), and 332(c)(7) of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 161, 303(g), 303(r), and 332(c)(7). [Amended] 17. In § 90.528, paragraph (d), remove the date ‘‘February 17’’ and add in its place the date ‘‘June 13’’. 14. The authority citation for part 76 continues to read as follows: 14:27 Feb 26, 2009 * ■ ■ VerDate Nov<24>2008 § 76.1630 MVPD Digital Television Transition Notices. § 90.528 PART 76—MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE ■ ■ b. Revise paragraphs (b)(2)(i) and (ii) to read as follows: ■ § 90.1410 [Amended] 18. In § 90.1410, paragraph (j), remove the date ‘‘February 17’’ and add in its place the date ‘‘June 13’’. ■ [FR Doc. E9–4256 Filed 2–25–09; 11:15 am] BILLING CODE 6712–01–P PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 8879 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 001005281–0369–02] RIN 0648–XN45 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. SUMMARY: NMFS closes the commercial hook-and-line fishery for king mackerel in the southern Florida west coast subzone. This closure is necessary to protect the Gulf king mackerel resource. DATES: This rule is effective 12:01 a.m., local time, February 28, 2009, through June 30, 2009. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone 727–824– 5305, fax 727–824–5308, e-mail susan.gerhart@noaa.gov. 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. On April 27, 2000, NMFS implemented the final rule (65 FR 16336, March 28, 2000) that divided the Florida west coast subzone of the eastern zone into northern and southern subzones, and established their separate quotas. The quota for the hook-and-line fishery in the southern Florida west coast subzone is 520,312 lb (236,010 kg)(50 CFR 622.42(c)(1)(i)(A)(2)(i)). Under 50 CFR 622.43(a), NMFS is required to close any segment of the king mackerel commercial fishery when its quota has been reached, or is projected to be reached, by filing a notification at the Office of the Federal Register. NMFS has determined the SUPPLEMENTARY INFORMATION: E:\FR\FM\27FER1.SGM 27FER1 8880 Federal Register / Vol. 74, No. 38 / Friday, February 27, 2009 / Rules and Regulations commercial quota for Gulf group king mackerel in the southern Florida west coast subzone will be reached by February 28, 2009. Accordingly, the commercial fishery for Gulf group king mackerel in the southern subzone is closed effective 12:01 a.m., local time, February 28, 2009, through June 30, 2009, the end of the fishing year. The Florida west coast subzone is that part of the eastern zone located south and west of 25°20.4′ N. lat. (a line directly east from the Miami-Dade County, FL boundary) along the west coast of Florida to 87°31′06′ W. long. (a line directly south from the Alabama/ Florida boundary). The Florida west coast subzone is further divided into northern and southern subzones. From November 1 through March 31, the southern subzone is designated as the area extending south and west from 25°20.4′ N. lat. to 26°19.8′ N. lat. (a line directly west from the Lee/Collier County, Florida, boundary), i.e., the area off Collier and Monroe Counties. Beginning April 1, the southern subzone is reduced to the area off Collier County, Florida, between 25°48′ N. lat. and 26°19.8′ N. lat. dwashington3 on PROD1PC60 with RULES 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) as such prior notice and opportunity for public comment is unnecessary and contrary to the public interest. Such procedures would be unnecessary because the rule itself has already been subject to notice and comment, and all that remains is to notify the public of the closure. Allowing prior notice and opportunity for public comment is contrary to the public interest because of the need to immediately implement this action in order to protect the fishery because the capacity of the fishing fleet allows for rapid harvest of the quota. Prior notice and opportunity for public comment will require time and would potentially result in a harvest well in excess of the established quota. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in the effectiveness of this action under 5 U.S.C. 553(d)(3). 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. VerDate Nov<24>2008 14:27 Feb 26, 2009 Jkt 217001 Dated: February 23, 2009. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–4273 Filed 2–24–09; 4:15 pm] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 09100091344–9056–02] RIN 0648–XN19 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Catching Pacific Cod for Processing by the Inshore Component in the Western Regulatory Area of the Gulf of Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the inshore component in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2009 total allowable catch (TAC) of Pacific cod apportioned to vessels catching Pacific cod for processing by the inshore component of the Western Regulatory Area of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 25, 2009, until 1200 hrs, A.l.t., September 1, 2009. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 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 Magnuson– Stevens 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. The A season allocation of the 2009 TAC of Pacific cod apportioned to vessels catching Pacific cod for processing by the inshore component of the Western Regulatory Area of the GOA is 8,735 metric tons (mt) as established by the final 2009 and 2010 harvest PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 specifications for groundfish of the GOA (74 FR 7333, February 17, 2009). In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the A season allocation of the 2009 TAC of Pacific cod apportioned to vessels catching Pacific cod for processing by the inshore component of the Western Regulatory Area of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 8,235 mt, and is setting aside the remaining 500 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by vessels catching Pacific cod for processing by the inshore component in the Western Regulatory Area of the GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. 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) 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 data in a timely fashion and would delay the closure of Pacific cod apportioned to vessels catching Pacific cod for processing by the inshore component of the Western Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of February 23, 2009. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. E:\FR\FM\27FER1.SGM 27FER1

Agencies

[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Rules and Regulations]
[Pages 8879-8880]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4273]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XN45


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 hook-and-line fishery for king 
mackerel in the southern Florida west coast subzone. This closure is 
necessary to protect the Gulf king mackerel resource.

DATES: This rule is effective 12:01 a.m., local time, February 28, 
2009, through June 30, 2009.

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.
    On April 27, 2000, NMFS implemented the final rule (65 FR 16336, 
March 28, 2000) that divided the Florida west coast subzone of the 
eastern zone into northern and southern subzones, and established their 
separate quotas. The quota for the hook-and-line fishery in the 
southern Florida west coast subzone is 520,312 lb (236,010 kg)(50 CFR 
622.42(c)(1)(i)(A)(2)(i)).
    Under 50 CFR 622.43(a), NMFS is required to close any segment of 
the king mackerel commercial fishery when its quota has been reached, 
or is projected to be reached, by filing a notification at the Office 
of the Federal Register. NMFS has determined the

[[Page 8880]]

commercial quota for Gulf group king mackerel in the southern Florida 
west coast subzone will be reached by February 28, 2009. Accordingly, 
the commercial fishery for Gulf group king mackerel in the southern 
subzone is closed effective 12:01 a.m., local time, February 28, 2009, 
through June 30, 2009, the end of the fishing year.
    The Florida west coast subzone is that part of the eastern zone 
located south and west of 25[deg]20.4' N. lat. (a line directly east 
from the Miami-Dade County, FL boundary) along the west coast of 
Florida to 87[deg]31'06' W. long. (a line directly south from the 
Alabama/Florida boundary). The Florida west coast subzone is further 
divided into northern and southern subzones. From November 1 through 
March 31, the southern subzone is designated as the area extending 
south and west from 25[deg]20.4' N. lat. to 26[deg]19.8' N. lat. (a 
line directly west from the Lee/Collier County, Florida, boundary), 
i.e., the area off Collier and Monroe Counties. Beginning April 1, the 
southern subzone is reduced to the area off Collier County, Florida, 
between 25[deg]48' N. lat. and 26[deg]19.8' N. lat.

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) as such prior notice and opportunity for 
public comment is unnecessary and contrary to the public interest. Such 
procedures would be unnecessary because the rule itself has already 
been subject to notice and comment, and all that remains is to notify 
the public of the closure. Allowing prior notice and opportunity for 
public comment is contrary to the public interest because of the need 
to immediately implement this action in order to protect the fishery 
because the capacity of the fishing fleet allows for rapid harvest of 
the quota. Prior notice and opportunity for public comment will require 
time and would potentially result in a harvest well in excess of the 
established quota.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in the effectiveness of this action under 5 
U.S.C. 553(d)(3).
    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 23, 2009.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E9-4273 Filed 2-24-09; 4:15 pm]
BILLING CODE 3510-22-S

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