Fisheries of the Northeastern United States; Spiny Dogfish Fishery; Annual Quota Harvested, 17788-17789 [2011-7616]

Download as PDF 17788 Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Rules and Regulations jdjones on DSK8KYBLC1PROD with RULES_2 adjusted from the baseline to qualify for a rebate. If the adjusted revenue threshold is met, a rebate is generated on a percentage of the difference of an increase in postage as a result of a subsequent cumulative First-Class Mail and Standard Mail price increase related to the prices in existence at the time of the agreement. If the adjusted revenue threshold is not met, the NSA holder will pay a penalty. 1.4.2 Candidate Factors and Requirements Potential participants must be IMb full-service customers with substantial, but declining First-Class Mail volumes and significant volumes of Standard Mail. Candidates must also meet the standards in 1.1 through 1.3 to qualify. The basic agreement comprises five components: a. Revenue threshold: Is based on the amount of total combined postage paid for First-Class Mail automation letters, Standard Mail automation letters, and Standard Mail carrier route barcoded automation-compatible letters. The baseline for the revenue threshold is the total postage for these categories over the previous one-year period. The threshold is calculated at a negotiated percentage above the baseline for each year during the duration of the agreement. b. Revenue threshold adjustment: Will be adjusted upward by a negotiated amount for every dollar decline in FirstClass Mail postage. To qualify for rebates under this adjustment, a predetermined revenue amount of Standard Mail must be mailed to offset each dollar decline in postage from FirstClass Mail. c. Postage commitment with penalty: The postage commitment is an amount equal to the adjusted revenue threshold. If the amount of total postage from eligible mail in the first year of the contract is less than the adjusted revenue threshold, a negotiated percentage penalty in the amount of the difference between the adjusted revenue threshold and the actual total postage paid for contract year one must be paid. Subsequent year penalties for failing to meet the adjusted revenue threshold are negotiated by the parties prior to the end of the current contract year. d. Rebate on First-Class Mail: If the mailer holding the agreement exceeds the adjusted revenue thresholds in any given year of the contract, it will earn rebates on its qualifying First-Class Mail postage. The rebate will be equal to a negotiated percent of the increase in postage as a result of a subsequent cumulative price increase (relative to First-Class Mail prices in existence at VerDate Mar<15>2010 13:25 Mar 30, 2011 Jkt 223001 the initiation of the agreement) for all qualifying pieces. e. Rebate on Standard Mail: If the mailer holding the agreement exceeds the adjusted revenue thresholds in any given year of the contract, it will earn rebates on its qualifying Standard Mail postage. The rebate will be equal to a negotiated percent of the increase in postage as a result of a subsequent cumulative price increase (relative to Standard Mail prices in existence at the initiation of the agreement) for all qualifying pieces. 1.4.3 General Requirements Any proposed First-Class Mail and Standard Mail NSA under this classification must also contain, at a minimum, the following general candidate requirements and conditions: a. The NSA expires three years from the effective date. Either party can terminate the agreement, without penalty, for convenience, in the first nine months of any contract year provided the terminating party gives 90 days written notice prior to the planned termination date to the other party. b. The NSA will contain a merger and acquisition clause, which adjusts the threshold to account for increased mailing activity (or decreased, in the case of a sale or closure). 1.4.4 Initial Proposal The proposal must explain how the candidate meets the requirements in 1.4.2 and also must meet the following conditions: a. The candidate must submit a written proposal that includes appropriate supporting documentation to the USPS Manager of Correspondence & Transactions (see 608.8.0 for address). b. The proposal must be initiated by the mailer and include a summary of the information responding to the applicable candidate features and general requirements described in 1.4.3. c. A nondisclosure agreement must be signed before any substantive discussion of the proposal begins. * * * * * We will publish an appropriate amendment to 39 CFR Part 111 to reflect these changes. Neva R. Watson, Attorney, Legislative. [FR Doc. 2011–7403 Filed 3–30–11; 8:45 am] BILLING CODE 7710–12–P PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 100201058–0260–02] RIN 0648–XA333 Fisheries of the Northeastern United States; Spiny Dogfish Fishery; Annual Quota Harvested National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure of spiny dogfish fishery. AGENCY: NMFS announces that the spiny dogfish commercial quota available to the coastal states from Maine through Florida for the 2010 fishing year (FY), May 1, 2010–April 30, 2011, has been harvested. Therefore, effective 0001 hours, April 1, 2011, federally permitted spiny dogfish vessels may not fish for, possess, transfer, or land spiny dogfish until May 1, 2011, when the quota for FY 2011 becomes available. Regulations governing the spiny dogfish fishery require publication of this notification to advise the coastal states from Maine through Florida that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no Federal commercial quota is available for landing spiny dogfish in these states. This action is necessary to prevent the fishery from exceeding its annual quota and to allow for effective management of this stock. DATES: The spiny dogfish fishery is closed effective 0001 hr local time, April 1, 2011, through 2400 hr local time April 30, 2011. Effective April 1, 2011, federally permitted dealers are also advised that they may not purchase spiny dogfish from federally permitted spiny dogfish vessels. FOR FURTHER INFORMATION CONTACT: Lindsey Feldman at (978) 675–2179, or Lindsey.Feldman@noaa.gov. SUPPLEMENTARY INFORMATION: Regulations governing the spiny dogfish fishery are found at 50 CFR part 648. The regulations require annual specification of a commercial quota, which is allocated into two quota periods based upon percentages specified in the fishery management plan. The fishery is managed from Maine through Florida, as described in § 648.230. The total commercial quota for spiny dogfish for FY 2010 is 15 million lb SUMMARY: E:\FR\FM\31MRR1.SGM 31MRR1 Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Rules and Regulations jdjones on DSK8KYBLC1PROD with RULES_2 (6,803.89 mt) (75 FR 36012, June 24, 2010). The commercial quota is allocated into two periods (May 1 through October 31, and November 1 through April 30). Vessel possession limits were set at 3,000 lb (1.36 mt) for both Quota Periods 1 and 2. Quota Period 1 was allocated 8,685,000 lb (3,943.45 mt), and Quota Period 2 was allocated 6,315,000 lb (2,864.44 mt) of the commercial quota. The total quota cannot be exceeded, so landings in excess of the amount allocated to Period 1 have the effect of reducing the quota available to the fishery during Period 2. The Administrator, Northeast Region, NMFS (Regional Administrator) monitors the commercial spiny dogfish quota for each quota period and, based upon dealer reports, state data, and other available information, determines when the total commercial quota will be harvested. NMFS is required to publish a notification in the Federal Register advising and notifying commercial vessels and dealer permit holders that, effective upon a specific date, the Federal spiny dogfish commercial quota has been harvested and no Federal commercial quota is available for landing spiny dogfish for the remainder of that quota period. Section 648.4(b) provides that Federal spiny dogfish permit holders agree, as a condition of their permit, not to land spiny dogfish in any state after NMFS has published notification in the Federal Register that the commercial quota has been harvested and that no commercial quota for the spiny dogfish fishery is available. Therefore, effective 0001 hr local time, April 1, 2011, landings of spiny dogfish in coastal states from Maine through Florida by vessels holding commercial Federal fisheries permits will be prohibited through April 30, 2011, 2400 hr local time. The FY 2011 quota will be available for commercial spiny dogfish harvest on May 1, 2011. Effective April 1, 2011, federally permitted dealers are also advised that they may not purchase spiny dogfish from vessels issued Federal spiny dogfish permits that land in coastal states from Maine through Florida. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be contrary to the public interest. The regulations at § 648.231 require such action to ensure that spiny dogfish VerDate Mar<15>2010 13:25 Mar 30, 2011 Jkt 223001 vessels do not exceed the FY 2010 quota. Data indicating the spiny dogfish fleet will have landed the FY 2010 quota have only recently become available. If implementation of this closure was delayed to solicit prior public comment, the FY 2010 quota would be exceeded, thereby undermining the conservation objectives of the FMP. The AA further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive the 30-day delayed effectiveness period for the reasons stated above. Authority: 16 U.S.C. 1801 et seq. Dated: March 28, 2011. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2011–7616 Filed 3–28–11; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 101228634–1149–02] RIN 0648–BA26 Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; 2011 Atlantic Bluefish Specifications; Regulatory Amendment National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; final specifications for the 2011 Atlantic bluefish fishery. AGENCY: NMFS issues final specifications for the 2011 Atlantic bluefish fishery, including total allowable landings (TAL), a commercial quota and recreational harvest limit (RHL), and a recreational possession limit. The intent of this action is to establish the allowable 2011 harvest levels and other management measures to achieve the target fishing mortality rate (F), consistent with the Atlantic Bluefish Fishery Management Plan (FMP). The final rule also amends the bluefish regulations that specify the process for setting the annual TAL and target F to more clearly reflect the intent of the FMP. DATES: This rule is effective May 2, 2011. The final specifications for the 2011 Atlantic bluefish fishery are effective May 2, 2011, through December 31, 2011. ADDRESSES: Copies of the specifications document, including the Environmental SUMMARY: PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 17789 Assessment and Initial Regulatory Flexibility Analysis (EA/IRFA) and other supporting documents for the specifications, are available from Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 800 N. State Street, Dover, DE 19901. The specifications document is also accessible via the Internet at: http:// www.nero.noaa.gov. FOR FURTHER INFORMATION CONTACT: Jason Berthiaume, Fishery Management Specialist, (978) 281–9177. SUPPLEMENTARY INFORMATION: Background The Atlantic bluefish fishery is managed cooperatively by the MidAtlantic Fishery Management Council (Council) and the Atlantic States Marine Fisheries Commission (Commission). The management unit for bluefish specified in the FMP is U.S. waters of the western Atlantic Ocean. Regulations implementing the FMP appear at 50 CFR part 648, subparts A and J. The regulations requiring annual specifications are found at § 648.16. The FMP requires the Council to recommend, on an annual basis, a total allowable catch (TAC) and a TAL that will control fishing mortality. An estimate of annual discards is deducted from the TAC to calculate the TAL that can be made during the year by the commercial and recreational fishing sectors combined. The FMP requires that 17 percent of the TAL be allocated to the commercial fishery, as a quota (further allocated to the States from Maine to Florida in specified shares), with the remaining 83 percent of the TAL allocated as an RHL. The Council may also recommend a research setaside (RSA) quota, which is deducted from the bluefish TAL (after any applicable transfer) in an amount proportional to the percentage of the overall TAL as allocated to the commercial and recreational sectors. Pursuant to § 648.162, the annual review process for bluefish requires that the Council’s Bluefish Monitoring Committee (Monitoring Committee) and Scientific and Statistical Committee (SSC) review and make recommendations based on the best available data, including, but not limited to, commercial and recreational catch/landing statistics, current estimates of fishing mortality, stock abundance, discards for the recreational fishery, and juvenile recruitment. Based on the recommendations of the Monitoring Committee and SSC, the Council makes a recommendation to the NMFS Northeast Regional E:\FR\FM\31MRR1.SGM 31MRR1

Agencies

[Federal Register Volume 76, Number 62 (Thursday, March 31, 2011)]
[Rules and Regulations]
[Pages 17788-17789]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7616]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 100201058-0260-02]
RIN 0648-XA333


Fisheries of the Northeastern United States; Spiny Dogfish 
Fishery; Annual Quota Harvested

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

ACTION: Temporary rule; closure of spiny dogfish fishery.

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SUMMARY: NMFS announces that the spiny dogfish commercial quota 
available to the coastal states from Maine through Florida for the 2010 
fishing year (FY), May 1, 2010-April 30, 2011, has been harvested. 
Therefore, effective 0001 hours, April 1, 2011, federally permitted 
spiny dogfish vessels may not fish for, possess, transfer, or land 
spiny dogfish until May 1, 2011, when the quota for FY 2011 becomes 
available. Regulations governing the spiny dogfish fishery require 
publication of this notification to advise the coastal states from 
Maine through Florida that the quota has been harvested and to advise 
vessel permit holders and dealer permit holders that no Federal 
commercial quota is available for landing spiny dogfish in these 
states. This action is necessary to prevent the fishery from exceeding 
its annual quota and to allow for effective management of this stock.

DATES: The spiny dogfish fishery is closed effective 0001 hr local 
time, April 1, 2011, through 2400 hr local time April 30, 2011. 
Effective April 1, 2011, federally permitted dealers are also advised 
that they may not purchase spiny dogfish from federally permitted spiny 
dogfish vessels.

FOR FURTHER INFORMATION CONTACT: Lindsey Feldman at (978) 675-2179, or 
Lindsey.Feldman@noaa.gov.

SUPPLEMENTARY INFORMATION: Regulations governing the spiny dogfish 
fishery are found at 50 CFR part 648. The regulations require annual 
specification of a commercial quota, which is allocated into two quota 
periods based upon percentages specified in the fishery management 
plan. The fishery is managed from Maine through Florida, as described 
in Sec.  648.230.
    The total commercial quota for spiny dogfish for FY 2010 is 15 
million lb

[[Page 17789]]

(6,803.89 mt) (75 FR 36012, June 24, 2010). The commercial quota is 
allocated into two periods (May 1 through October 31, and November 1 
through April 30). Vessel possession limits were set at 3,000 lb (1.36 
mt) for both Quota Periods 1 and 2. Quota Period 1 was allocated 
8,685,000 lb (3,943.45 mt), and Quota Period 2 was allocated 6,315,000 
lb (2,864.44 mt) of the commercial quota. The total quota cannot be 
exceeded, so landings in excess of the amount allocated to Period 1 
have the effect of reducing the quota available to the fishery during 
Period 2.
    The Administrator, Northeast Region, NMFS (Regional Administrator) 
monitors the commercial spiny dogfish quota for each quota period and, 
based upon dealer reports, state data, and other available information, 
determines when the total commercial quota will be harvested. NMFS is 
required to publish a notification in the Federal Register advising and 
notifying commercial vessels and dealer permit holders that, effective 
upon a specific date, the Federal spiny dogfish commercial quota has 
been harvested and no Federal commercial quota is available for landing 
spiny dogfish for the remainder of that quota period.
    Section 648.4(b) provides that Federal spiny dogfish permit holders 
agree, as a condition of their permit, not to land spiny dogfish in any 
state after NMFS has published notification in the Federal Register 
that the commercial quota has been harvested and that no commercial 
quota for the spiny dogfish fishery is available. Therefore, effective 
0001 hr local time, April 1, 2011, landings of spiny dogfish in coastal 
states from Maine through Florida by vessels holding commercial Federal 
fisheries permits will be prohibited through April 30, 2011, 2400 hr 
local time. The FY 2011 quota will be available for commercial spiny 
dogfish harvest on May 1, 2011. Effective April 1, 2011, federally 
permitted dealers are also advised that they may not purchase spiny 
dogfish from vessels issued Federal spiny dogfish permits that land in 
coastal states from Maine through Florida.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA (AA), finds good 
cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment because it would be contrary to the 
public interest. The regulations at Sec.  648.231 require such action 
to ensure that spiny dogfish vessels do not exceed the FY 2010 quota. 
Data indicating the spiny dogfish fleet will have landed the FY 2010 
quota have only recently become available. If implementation of this 
closure was delayed to solicit prior public comment, the FY 2010 quota 
would be exceeded, thereby undermining the conservation objectives of 
the FMP. The AA further finds, pursuant to 5 U.S.C. 553(d)(3), good 
cause to waive the 30-day delayed effectiveness period for the reasons 
stated above.

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

    Dated: March 28, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-7616 Filed 3-28-11; 4:15 pm]
BILLING CODE 3510-22-P