Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Reopening of the Commercial Sector for Vermilion Snapper in the South Atlantic, 23205-23206 [2011-10035]

Download as PDF Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations Management may also segregate lands that it identifies for potential rights-ofway for electricity generation from wind or solar sources. Upon segregation, such lands will not be subject to appropriation under the public lands laws, including location under the General Mining Law, but not the Mineral Leasing Act of 1920 (30 U.S.C. 181 et seq.) or the Materials Act of 1947 (30 U.S.C. 601 et seq.). The Bureau of Land Management will effect such segregation by publishing a Federal Register notice that includes a description of the lands covered by the segregation. The Bureau of Land Management may impose a segregation in this way on both pending and new right-of-way applications. (2) The effective date of segregation is the date of publication of the notice in the Federal Register, and the date of termination of the segregation is the date that is the earliest of the following: (i) Upon issuance of a decision by the authorized officer granting, granting with modifications, or denying the application for a right-of-way; (ii) Automatically at the end of the segregation period provided for in the Federal Register notice initiating the segregation, without further action by the authorized officer; or (iii) Upon publication of a Federal Register notice of termination of the segregation. (3) The segregation period may not exceed 2 years from the date of publication of the Federal Register notice initiating the segregation. (4) The effective period of this subsection of this part will not exceed two years from the date of its publication in the Federal Register. PART 2800—RIGHTS-OF-WAY UNDER THE FEDERAL LAND POLICY AND MANAGEMENT ACT 3. The authority citation for part 2800 continues to read as follows: ■ Authority: 43 U.S.C. 1733, 1740, 1763, and 1764. BLM may also segregate public lands that it identifies for potential rights-ofway for electricity generation from wind or solar sources under the BLM’s rightof-way regulations. Upon segregation, such lands will not be subject to appropriation under the public land laws, including location under the General Mining Law, but not from the Mineral Leasing Act of 1920 (30 U.S.C. 181 et seq.) or the Materials Act of 1947 (30 U.S.C. 601 et seq.). The BLM will effect such segregation by publishing a Federal Register notice that includes a description of the lands covered by the segregation. The Bureau of Land Management may impose a segregation in this way on both pending and new right-of-way applications. (2) The segregative effect of the Federal Register notice terminates on the date that is the earliest of the following: (i) Upon issuance of a decision by the authorized officer granting, granting with modifications, or denying the application for a right-of-way; (ii) Automatically at the end of the segregation period provided for in the Federal Register notice initiating the segregation, without further action by the authorized officer; or (iii) Upon publication of a Federal Register notice of termination of the segregation. (3) The segregation period may not exceed 2 years from the date of publication of the Federal Register notice initiating the segregation. (4) The effective period of this subsection of this part will not exceed two years from the date of its publication in the Federal Register. Dated: April 6, 2011. Wilma A. Lewis, Assistant Secretary of the Interior, Land and Minerals Management. [FR Doc. 2011–10019 Filed 4–25–11; 8:45 am] BILLING CODE 4310–84–P Subpart 2804—Applying for FLPMA Grants 4. Amend § 2804.25 by adding a new paragraph (e) to read as follows: ■ mstockstill on DSKH9S0YB1PROD with RULES § 2804.25 How will BLM process my application? * * * * * (e)(1) The BLM may segregate, if it finds it to be necessary for the orderly administration of the public lands, lands included within a right-of-way application under 43 CFR subpart 2804 for the generation of electricity from wind or solar sources. In addition, the VerDate Mar<15>2010 16:06 Apr 25, 2011 Jkt 223001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 23205 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 040205043–4043–01] RIN 0648–XA360 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic; Reopening of the Commercial Sector for Vermilion Snapper in the South Atlantic National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reopening. AGENCY: NMFS reopens the commercial sector for South Atlantic vermilion snapper in the exclusive economic zone (EEZ). NMFS previously determined the quota for the commercial sector would be reached by March 10, 2011, and closed the commercial sector for vermilion snapper in the South Atlantic. The latest estimates for landings indicate the quota was not reached by that date. Consequently, NMFS will reopen the commercial sector for 7 days. The purpose of this action is to allow the commercial sector to maximize harvest benefits and at the same time protect the vermilion snapper resource. DATES: The reopening is effective 12:01 a.m., local time, May 1, 2011, until 12:01 a.m., local time, on May 8, 2011. The commercial sector will then be closed until the end of the current fishing period, 12:01 a.m., local time, July 1, 2011. 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 (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. The commercial quota for vermilion snapper in the South Atlantic is 315,523 lb (143,119 kg) for the current fishing period, January 1 through June 30, 2011, as specified in 50 CFR 622.42(e)(4)(i). SUMMARY: E:\FR\FM\26APR1.SGM 26APR1 mstockstill on DSKH9S0YB1PROD with RULES 23206 Federal Register / Vol. 76, No. 80 / Tuesday, April 26, 2011 / Rules and Regulations Under 50 CFR 622.43(a)(5), NMFS is required to close the commercial sector 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. NMFS projected the commercial sector for vermilion snapper in the South Atlantic would reach the quota on, or before, March 10, 2011, and closed the commercial sector on that date (76 FR 12883, March 9, 2011). However, based on current statistics, NMFS has determined that only 83 percent of the available commercial quota was landed by that date. Based on daily landings rates and the pounds remaining on the quota (approximately 53,120 lb (24,095 kg)), NMFS has determined the commercial sector can reopen for 7 days. Accordingly, NMFS is reopening the commercial sector for vermilion snapper in the South Atlantic from 12:01 a.m., local time, on May 1, 2011, until 12:01 a.m., local time, on May 8, 2011. The commercial sector will then be closed until 12:01 a.m., local time, July 1, 2011. May 1, 2011, was chosen as the reopening day for the commercial sector based on feedback from the fishing industry and expected weather conditions, which indicated that this was the best time to reopen. The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper may not fish for or retain vermilion snapper in the South Atlantic prior to 12:01 a.m., local time, May 1, 2011, and must have landed and bartered, traded, or sold such vermilion snapper prior to 12:01 a.m., local time, May 8, 2011. 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, May 8, 2011, 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 snappergrouper 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). VerDate Mar<15>2010 16:06 Apr 25, 2011 Jkt 223001 Classification This action responds to the best available information recently obtained from the commercial sector. 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). Allowing prior notice and opportunity for public comment on the reopening is unnecessary because the rule establishing the January 1 through June 30 quota has already been subject to notice and comment, and all that remains is to notify the public that additional harvest is available under the established quota and, therefore, the commercial sector will reopen for a limited time period. 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(c) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: April 21, 2011. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2011–10035 Filed 4–21–11; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 101029427–0609–02] RIN 0648–XA371 Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; quota transfer. AGENCY: NMFS announces that the State of North Carolina is transferring a portion of its 2011 commercial summer flounder quota to the Commonwealth of Virginia. Vessels from North Carolina were authorized by Virginia to land summer flounder under safe harbor provisions, thereby requiring a quota transfer to account for an increase in Virginia’s landings that would have otherwise accrued against the North Carolina quota. By this action, NMFS SUMMARY: PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 adjusts the quotas and announces the revised commercial quota for each state involved. Effective April 21, 2011, through December 31, 2011. DATES: FOR FURTHER INFORMATION CONTACT: Carly Knoell, Fishery Management Specialist, 978–281–9224. SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder fishery are found at 50 CFR part 648. The regulations require annual specification of a commercial quota that is apportioned among the coastal states from North Carolina through Maine. The process to set the annual commercial quota and the percent allocated to each state are described in § 648.100. The final rule implementing Amendment 5 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, which was published on December 17, 1993 (58 FR 65936), provided a mechanism for summer flounder quota to be transferred from one state to another. Two or more states, under mutual agreement and with the concurrence of the Administrator, Northeast Region, NMFS (Regional Administrator), can transfer or combine summer flounder commercial quota under § 648.100(d). The Regional Administrator is required to consider the criteria set forth in § 648.100(d)(3) in the evaluation of requests for quota transfers or combinations. North Carolina has agreed to transfer 471,727 lb (213,972 kg) of its 2011 commercial quota to Virginia. This transfer was prompted by 52 summer flounder landings of North Carolina vessels that were granted safe harbor in Virginia due to hazardous shoaling in Oregon Inlet, North Carolina, severe winter storm conditions, and/or mechanical problems between March 17, 2011, and April 1, 2011. This amount also includes a correction to a landing on March 16, 2011, that was included in the quota transfer effective April 4, 2011 (76 FR 19277). This correction accounts for 2,805 lb (1,272 kg) of the total transfer amount. The Regional Administrator has determined that the criteria set forth in § 648.100(d)(3) have been met. The revised summer flounder quotas for calendar year 2011 are: North Carolina, 3,691,601 lb (1,674,482 kg); and Virginia, 4,780,967 lb (2,168,610 kg). Classification This action is taken under 50 CFR part 648 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. E:\FR\FM\26APR1.SGM 26APR1

Agencies

[Federal Register Volume 76, Number 80 (Tuesday, April 26, 2011)]
[Rules and Regulations]
[Pages 23205-23206]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10035]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 040205043-4043-01]
RIN 0648-XA360


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the South Atlantic; Reopening of the 
Commercial Sector for Vermilion Snapper in the South Atlantic

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

ACTION: Temporary rule; reopening.

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SUMMARY: NMFS reopens the commercial sector for South Atlantic 
vermilion snapper in the exclusive economic zone (EEZ). NMFS previously 
determined the quota for the commercial sector would be reached by 
March 10, 2011, and closed the commercial sector for vermilion snapper 
in the South Atlantic. The latest estimates for landings indicate the 
quota was not reached by that date. Consequently, NMFS will reopen the 
commercial sector for 7 days. The purpose of this action is to allow 
the commercial sector to maximize harvest benefits and at the same time 
protect the vermilion snapper resource.

DATES: The reopening is effective 12:01 a.m., local time, May 1, 2011, 
until 12:01 a.m., local time, on May 8, 2011. The commercial sector 
will then be closed until the end of the current fishing period, 12:01 
a.m., local time, July 1, 2011.

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 (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.
    The commercial quota for vermilion snapper in the South Atlantic is 
315,523 lb (143,119 kg) for the current fishing period, January 1 
through June 30, 2011, as specified in 50 CFR 622.42(e)(4)(i).

[[Page 23206]]

    Under 50 CFR 622.43(a)(5), NMFS is required to close the commercial 
sector 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. 
NMFS projected the commercial sector for vermilion snapper in the South 
Atlantic would reach the quota on, or before, March 10, 2011, and 
closed the commercial sector on that date (76 FR 12883, March 9, 2011). 
However, based on current statistics, NMFS has determined that only 83 
percent of the available commercial quota was landed by that date. 
Based on daily landings rates and the pounds remaining on the quota 
(approximately 53,120 lb (24,095 kg)), NMFS has determined the 
commercial sector can reopen for 7 days. Accordingly, NMFS is reopening 
the commercial sector for vermilion snapper in the South Atlantic from 
12:01 a.m., local time, on May 1, 2011, until 12:01 a.m., local time, 
on May 8, 2011. The commercial sector will then be closed until 12:01 
a.m., local time, July 1, 2011. May 1, 2011, was chosen as the 
reopening day for the commercial sector based on feedback from the 
fishing industry and expected weather conditions, which indicated that 
this was the best time to reopen.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper may not fish for or retain vermilion 
snapper in the South Atlantic prior to 12:01 a.m., local time, May 1, 
2011, and must have landed and bartered, traded, or sold such vermilion 
snapper prior to 12:01 a.m., local time, May 8, 2011.
    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, May 8, 2011, 
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 commercial sector. 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). Allowing prior notice and 
opportunity for public comment on the reopening is unnecessary because 
the rule establishing the January 1 through June 30 quota has already 
been subject to notice and comment, and all that remains is to notify 
the public that additional harvest is available under the established 
quota and, therefore, the commercial sector will reopen for a limited 
time period.
    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(c) and is exempt from 
review under Executive Order 12866.

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

    Dated: April 21, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-10035 Filed 4-21-11; 4:15 pm]
BILLING CODE 3510-22-P