Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-grouper Fishery of the South Atlantic; Closure of the July-December 2009 Commercial Fishery for Vermilion Snapper in the South Atlantic, 46509-46510 [E9-21823]

Download as PDF Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations § 2552.82 Under what circumstances may a Foster Grandparent continue to serve an individual beyond his or her 21st birthday? in circumstances that limit their academic, social, or emotional development within the project’s service area. * * * * * § 2552.41 * * * * * (b) In cases where the assigned Foster Grandparent becomes unavailable to serve a particular individual, the replacement of that Foster Grandparent shall be made through mutual agreement by all parties involved. * * * * * [Amended] 51. Amend § 2552.41(a)(1) by removing the term ‘‘60’’ and adding ‘‘55’’ in its place. ■ 52. Revise § 2552.42 to read as follows: ■ § 2552.101 [Amended] 56. Amend § 2552.101 by removing the term ‘‘60’’ and adding ‘‘55’’ in its place. ■ § 2552.42 What types of criminal convictions or other adjudications disqualify an individual from serving as a Foster Grandparent or as a Foster Grandparent grant-funded employee? Any individual who is registered, or who is required to be registered, on a State sex offender registry, or who has been convicted of murder, as defined under Federal law in section 1111 of title 18, United States Code, is deemed unsuitable for, and may not serve in, a position as a Foster Grandparent or as a Foster Grandparent grant-funded employee. ■ 53. Amend § 2552.43 by revising paragraph (a) to read as follows. § 2552.43 What income guidelines govern eligibility to serve as a stipended Foster Grandparent? PART 2553—RETIRED AND SENIOR VOLUNTEER PROGRAM 57. The authority citation for part 2553 continues to read as follows: ■ Authority: 42 U.S.C. 4950 et seq.; 58. Amend § 2553.25 by adding paragraph (i) to read as follows: ■ § 2553.25 What are a sponsor’s administrative responsibilities? * * * * * (i) Conduct criminal history checks on all grant-funded staff employed on or after October 1, 2009, in accordance with the requirements in 45 CFR 2540.200–207. Dated: September 2, 2009. Frank R. Trinity, General Counsel. [FR Doc. E9–21671 Filed 9–9–09; 8:45 am] § 2552.81 What type of Children are eligible to be served? erowe on DSK5CLS3C1PROD with RULES (a) To receive a stipend, a Foster Grandparent may not have an annual income from all sources, after deducting allowable medical expenses, which exceeds the program’s income eligibility guideline for the State in which he or she resides. The income eligibility guideline for each State is 200 percent of the poverty line, as set forth in 42 U.S.C. 9902 (2). * * * * * ■ 54. Revise § 2552.81 to read as follows: [Docket No. 040205043–4043–01] Foster Grandparents serve only children and youth with special and exceptional needs, or in circumstances that limit their academic, social, or emotional development, who are less than 21 years of age. ■ 55. Amend § 2552.82 by: ■ a. In paragraph (a) introductory text, by removing the term ‘‘mentally retarded child’’ and adding the term ‘‘child with a disability’’ in its place; ■ b Revising paragraph (b); and ■ c. In paragraph (c), by removing the term’’ mentally retarded child’’ and adding the term ‘‘child with a disability’’ in its place. Revised text reads as follows: VerDate Nov<24>2008 13:53 Sep 09, 2009 Jkt 217001 BILLING CODE P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 RIN 0648–XR06 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snappergrouper Fishery of the South Atlantic; Closure of the July-December 2009 Commercial Fishery for Vermilion Snapper in the South Atlantic AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS closes the commercial fishery for vermilion snapper in the exclusive economic zone (EEZ) of the South Atlantic. NMFS has determined PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 46509 that the quota for the commercial fishery for vermilion snapper will have been reached by September 18, 2009. This closure is necessary to protect the vermilion snapper resource. DATES: Closure is effective 12:01 a.m., local time, September 18, 2009, through 11:59 p.m., local time, on December 31, 2009. FOR FURTHER INFORMATION CONTACT: Catherine Bruger, telephone 727–824– 5305, fax 727–824–5308, e-mail Catherine.Bruger@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic is managed under the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP). The FMP was prepared by the South Atlantic Fishery Management Council 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. Those regulations set the commercial quota for vermilion snapper in the South Atlantic at 302,523 lb (137,222 kg) for the current fishing period, July 1 through December 31, 2009, as specified in 50 CFR 622.42(e)(4)(ii). Under 50 CFR 622.43(a), NMFS is required to close the commercial fishery for a species or species group when the quota for that species or species group is reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. Based on current statistics, NMFS has determined that the available commercial quota of 302,523 lb (137,222 kg) for vermilion snapper will be reached on or before September 18, 2009. Accordingly, NMFS is closing the commercial fishery for vermilion snapper in the South Atlantic EEZ from 12:01 a.m., local time, on September 18, 2009, through 11:59 p.m., local time, on December 31, 2009. The operator of a vessel with a valid commercial vessel permit for snapper-grouper having vermilion snapper onboard must have landed and bartered, traded, or sold such vermilion snapper prior to 12:01 a.m., local time, September 18, 2009. During the closure, the bag limit and possession limits specified in 50 CFR 622.39(d)(1)(v) and (d)(2), respectively, apply to all harvest or possession of vermilion snapper in or from the South Atlantic EEZ, and the sale or purchase of vermilion snapper taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to sale or purchase of vermilion snapper that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, E:\FR\FM\10SER1.SGM 10SER1 46510 Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Rules and Regulations September 18, 2009, and were held in cold storage by a dealer or processor. For a person on board a vessel for which a Federal commercial or charter vessel/ headboat permit for the South Atlantic snapper-grouper fishery has been issued, the sale and purchase provisions of the commercial closure for vermilion snapper would apply regardless of whether the fish are harvested in state or Federal waters, as specified in 50 CFR 622.43(a)(5)(ii). 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 to protect the fishery since the capacity of the fishing fleet allows for rapid harvest of the quota. Prior notice and opportunity for public comment would 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: September 4, 2009. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. E9–21823 Filed 9–4–09; 4:15 pm] erowe on DSK5CLS3C1PROD with RULES BILLING CODE 3510–22–S VerDate Nov<24>2008 13:53 Sep 09, 2009 Jkt 217001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 001005281–0369–02] RIN 0648–XR32 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 fishery for king mackerel in the exclusive economic zone (EEZ) in the western zone of the Gulf of Mexico. This closure is necessary to protect the Gulf king mackerel resource. DATES: The closure is effective noon, local time, September 12, 2009, through June 30, 2010. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, 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. The commercial fishery for the Gulf of Mexico migratory group of king mackerel in the western zone is managed under a commercial quota of 1.01 million lb (0.46 million kg) (66 FR 17368, March 30, 2001) for the current fishing year, July 1, 2009, through June 30, 2010. 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 commercial quota of 1.01 million lb SUPPLEMENTARY INFORMATION: PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 (0.46 million kg) for Gulf group king mackerel in the western zone will be reached by September 12, 2009. Accordingly, the commercial fishery for Gulf group king mackerel in the western zone is closed effective noon, local time, September 12, 2009, through June 30, 2010, the end of the fishing year. The boundary between the eastern and western zones is 87°31′06″ W. long., which is a line directly south from the Alabama/Florida boundary. Except for a person aboard a charter vessel or headboat, during the closure, no person aboard a vessel for which a commercial permit for king mackerel has been issued may fish for or retain Gulf group king mackerel in the EEZ in the closed zones or subzones. A person aboard a vessel that has a valid charter vessel/headboat permit for coastal migratory pelagic fish may continue to retain king mackerel in or from the closed zones or subzones under the bag and possession limits set forth in 50 CFR 622.39(c)(1)(ii) and (c)(2), provided the vessel is operating as a charter vessel or headboat. A charter vessel or headboat that also has a commercial king mackerel permit is considered to be operating as a charter vessel or headboat when it carries a passenger who pays a fee or when there are more than three persons aboard, including operator and crew. During the closure, king mackerel from the closed zones or subzones taken in the EEZ, including those harvested under the bag and possession limits, may not be purchased or sold. This prohibition does not apply to trade in king mackerel from the closed zones or subzones that were harvested, landed ashore, and sold prior to the closure and were held in cold storage by a dealer or processor. 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 to protect the fishery since the capacity of E:\FR\FM\10SER1.SGM 10SER1

Agencies

[Federal Register Volume 74, Number 174 (Thursday, September 10, 2009)]
[Rules and Regulations]
[Pages 46509-46510]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21823]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 040205043-4043-01]
RIN 0648-XR06


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-grouper Fishery of the South Atlantic; Closure of the July-
December 2009 Commercial Fishery for Vermilion Snapper in the South 
Atlantic

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 vermilion snapper in 
the exclusive economic zone (EEZ) of the South Atlantic. NMFS has 
determined that the quota for the commercial fishery for vermilion 
snapper will have been reached by September 18, 2009. This closure is 
necessary to protect the vermilion snapper resource.

DATES:  Closure is effective 12:01 a.m., local time, September 18, 
2009, through 11:59 p.m., local time, on December 31, 2009.

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

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic is managed under the Fishery Management Plan for the Snapper-
Grouper Fishery of the South Atlantic Region (FMP). The FMP was 
prepared by the South Atlantic Fishery Management Council 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. Those regulations set the commercial quota for 
vermilion snapper in the South Atlantic at 302,523 lb (137,222 kg) for 
the current fishing period, July 1 through December 31, 2009, as 
specified in 50 CFR 622.42(e)(4)(ii).
    Under 50 CFR 622.43(a), NMFS is required to close the commercial 
fishery for a species or species group when the quota for that species 
or species group is reached, or is projected to be reached, by filing a 
notification to that effect with the Office of the Federal Register. 
Based on current statistics, NMFS has determined that the available 
commercial quota of 302,523 lb (137,222 kg) for vermilion snapper will 
be reached on or before September 18, 2009. Accordingly, NMFS is 
closing the commercial fishery for vermilion snapper in the South 
Atlantic EEZ from 12:01 a.m., local time, on September 18, 2009, 
through 11:59 p.m., local time, on December 31, 2009. The operator of a 
vessel with a valid commercial vessel permit for snapper-grouper having 
vermilion snapper onboard must have landed and bartered, traded, or 
sold such vermilion snapper prior to 12:01 a.m., local time, September 
18, 2009.
    During the closure, the bag limit and possession limits specified 
in 50 CFR 622.39(d)(1)(v) and (d)(2), respectively, apply to all 
harvest or possession of vermilion snapper in or from the South 
Atlantic EEZ, and the sale or purchase of vermilion snapper taken from 
the EEZ is prohibited. The prohibition on sale or purchase does not 
apply to sale or purchase of vermilion snapper that were harvested, 
landed ashore, and sold prior to 12:01 a.m., local time,

[[Page 46510]]

September 18, 2009, and were held in cold storage by a dealer or 
processor. For a person on board a vessel for which a Federal 
commercial or charter vessel/headboat permit for the South Atlantic 
snapper-grouper fishery has been issued, the sale and purchase 
provisions of the commercial closure for vermilion snapper would apply 
regardless of whether the fish are harvested in state or Federal 
waters, as specified in 50 CFR 622.43(a)(5)(ii).

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 to protect the fishery since the 
capacity of the fishing fleet allows for rapid harvest of the quota. 
Prior notice and opportunity for public comment would 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: September 4, 2009.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. E9-21823 Filed 9-4-09; 4:15 pm]
BILLING CODE 3510-22-S

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