Atlantic Highly Migratory Species; Inseason Action To Close the Commercial Gulf of Mexico Non-Sandbar Large Coastal Shark Fishery, 41723-41724 [2011-17898]

Download as PDF Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations Determination That the Site Meets the Criteria for Deletion in the NCP The NCP specifies that EPA may delete a site from the NPL if ‘‘all appropriate responsible parties or other persons have implemented all appropriate response actions required’’ or ‘‘all appropriate fund-financed response under CERCLA has been implemented, and no further response action by responsible parties is appropriate’’. EPA, with the concurrence of the State of Florida through the FDEP by a letter dated April 22, 2011, has determined that the Site responsible party Waste Management has implemented all appropriate response actions required and no further response action is required. Therefore, EPA is proposing the deletion of the site from the NPL. All of the completion requirements for the site have been met as described in the Hipps Road Landfill Final Close Out Report (FCOR) dated April 21, 2011. mstockstill on DSK4VPTVN1PROD with RULES V. Deletion Action The EPA, with concurrence of the State of Florida through the FDEP, has determined that all appropriate response actions under CERCLA, other than operation, maintenance, monitoring and five-year reviews have been completed. Therefore, EPA is deleting the Site from the NPL. Because EPA considers this action to be noncontroversial and routine, EPA is taking it without prior publication. This action will be effective September 13, 2011 unless EPA receives adverse comments by August 15, 2011. If adverse comments are received within the 30-day public comment period, EPA will publish a timely withdrawal of this direct final notice of deletion before the effective date of the deletion, and it will not take effect. EPA will prepare a response to comments and continue with the deletion process on the basis of the notice of intent to delete and the comments already received. There will be no additional opportunity to comment. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous waste, Hazardous substances, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Dated: June 9, 2011. A. Stanley Meiburg, Acting Regional Administrator, Region 4. For the reasons set out in this document, 40 CFR part 300 is amended as follows: VerDate Mar<15>2010 15:47 Jul 14, 2011 Jkt 223001 PART 300—[AMENDED] 1. The authority citation for part 300 continues to read as follows: ■ Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 3 CFR, 1987 Comp., p. 193. Appendix B to Part 300 [Amended] 2. Table 1 of Appendix B to part 300 is amended by removing ‘‘FL’’ ‘‘Hipps Road Landfill’’, ‘‘Duval County’’. ■ [FR Doc. 2011–17754 Filed 7–14–11; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 100622276–0569–02] RIN 0648–XA541 Atlantic Highly Migratory Species; Inseason Action To Close the Commercial Gulf of Mexico NonSandbar Large Coastal Shark Fishery Commerce, National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS). ACTION: Fishery closure. AGENCY: NMFS is closing the commercial fishery for non-sandbar large coastal sharks (LCS) in the Gulf of Mexico region. This action is necessary because the quota for the 2011 fishing season is projected to have reached at least 80 percent of the available quota. DATES: The commercial non-sandbar LCS fishery is closed effective 11:30 p.m. local time July 17, 2011, until and if NMFS announces, via a notice in the Federal Register that additional quota is available and the season is reopened. FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz, or Guy DuBeck, 301–427–8503; fax 301–713–1917. SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed under the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP), its amendments, and its implementing regulations found at 50 CFR part 635 issued under authority of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). Under § 635.5(b)(1), shark dealers are required to report to NMFS all sharks landed every two weeks. Dealer reports SUMMARY: PO 00000 Frm 00135 Fmt 4700 Sfmt 4700 41723 for fish received between the 1st and 15th of any month must be received by NMFS by the 25th of that month. Dealer reports for fish received between the 16th and the end of any month must be received by NMFS by the 10th of the following month. Under § 635.28(b)(2), when NMFS projects that fishing season landings for a specific shark quota have reached or are projected to reach 80 percent of the available quota, NMFS will file for publication with the Office of the Federal Register a notification of closure for that shark species group which will be effective no fewer than 5 days after the date of filing. From the effective date and time of the closure until NMFS announces, via a notice in the Federal Register, that additional quota is available and the season is reopened, the fishery for that specific quota is closed, even across fishing years. On December 8, 2010 (75 FR 76302), NMFS announced that the non-sandbar LCS fishery for the Gulf of Mexico region for the 2011 fishing year would open on March 1 with a quota of 351.9 metric tons (mt) dressed weight (dw) (775,740 lb dw). Dealer reports through June 29, 2011, indicate that 278.3 mt dw or 79 percent of the available quota for non-sandbar LCS has been taken. Dealer reports received to date indicate that 52 percent of the quota was taken in March; 10 percent of the quota was landed in April; 10 percent of the quota was landed in May; and 7 percent from June 1 through June 29. Based on the rate of fishing effort indicated by these preliminary dealer reports, NMFS estimates that an additional 8 to 21 percent of the quota could be taken from June 29 through July 15, 2011, thus reaching or exceeding the 80-percent limit specified for a closure notice in the regulations. Accordingly, NMFS is closing the commercial non-sandbar LCS fishery in the Gulf of Mexico region as of 11:30 p.m. local time July 17, 2011. All other shark fisheries remain open. At § 635.27(b)(1)(ii), the boundary between the Gulf of Mexico region and the Atlantic region is defined as a line beginning on the East Coast of Florida at the mainland at 25°20.4′ N. lat, proceeding due east. Any water and land to the south and west of that boundary is considered, for the purposes of quota monitoring and setting of quotas, to be within the Gulf of Mexico region. During the closure, retention of nonsandbar LCS sharks in the Gulf of Mexico region is prohibited for persons fishing aboard vessels issued a commercial shark limited access permit under 50 CFR 635.4. Unless the vessel is properly permitted to operate as a E:\FR\FM\15JYR1.SGM 15JYR1 41724 Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with RULES charter vessel or headboat for HMS and is engaged in a for-hire trip, in which case the recreational retention limits for sharks and ‘‘no sale’’ provisions apply (50 CFR 635.22(a) and (c)), or if the vessel possesses a valid shark research permit under § 635.32 and a NMFSapproved observer is onboard. A shark dealer issued a permit pursuant to § 635.4 may not purchase or receive non-sandbar LCS in the Gulf of Mexico region from a vessel issued an Atlantic Shark Limited Access Permit (LAP), except that a permitted shark dealer or processor may possess non-sandbar LCS that were harvested, off-loaded, and sold, traded, or bartered, prior to the effective date of the closure and were held in storage consistent with § 635.28(b)(4). However, a permitted shark dealer or processor may possess non-sandbar LCS that were harvested by a vessel issued a valid shark research fishery permit per § 635.32 with a NMFS-approved observer onboard VerDate Mar<15>2010 15:47 Jul 14, 2011 Jkt 223001 during the trip the sharks were taken on as long as the non-sandbar shark research fishery remains open. Under this closure, a shark dealer issued a permit pursuant to § 635.4 may, in accordance with state regulations, purchase or receive a non-sandbar LCS in the Gulf of Mexico region if the sharks were harvested, off-loaded, and sold, traded, or bartered from a vessel that fishes only in state waters and that has not been issued an Atlantic Shark LAP, HMS Angling permit, or HMS Charter/Headboat permit pursuant to § 635.4. Classification Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for Fisheries, NOAA (AA), finds that providing for prior notice and public comment for this action is impracticable and contrary to the public interest because the fishery is currently underway, and any delay in this action would cause overharvest of PO 00000 Frm 00136 Fmt 4700 Sfmt 9990 the quota and be inconsistent with management requirements and objectives. Similarly, affording prior notice and opportunity for public comment on this action is contrary to the public interest because if the quota is exceeded, the affected public is likely to experience reductions in the available quota and a lack of fishing opportunities in future seasons. Thus, for these reasons, the AA also finds good cause to waive the 30-day delay in effective date pursuant to 5 U.S.C. 553 (d)(3). This action is required under § 635.28(b)(2) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: July 12, 2011. Margo Schulze-Haugen, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2011–17898 Filed 7–12–11; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\15JYR1.SGM 15JYR1

Agencies

[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Rules and Regulations]
[Pages 41723-41724]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17898]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 100622276-0569-02]
RIN 0648-XA541


Atlantic Highly Migratory Species; Inseason Action To Close the 
Commercial Gulf of Mexico Non-Sandbar Large Coastal Shark Fishery

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

ACTION: Fishery closure.

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SUMMARY: NMFS is closing the commercial fishery for non-sandbar large 
coastal sharks (LCS) in the Gulf of Mexico region. This action is 
necessary because the quota for the 2011 fishing season is projected to 
have reached at least 80 percent of the available quota.

DATES: The commercial non-sandbar LCS fishery is closed effective 11:30 
p.m. local time July 17, 2011, until and if NMFS announces, via a 
notice in the Federal Register that additional quota is available and 
the season is reopened.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz, or Guy DuBeck, 
301-427-8503; fax 301-713-1917.

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the 2006 Consolidated Atlantic Highly Migratory Species (HMS) 
Fishery Management Plan (FMP), its amendments, and its implementing 
regulations found at 50 CFR part 635 issued under authority of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.).
    Under Sec.  635.5(b)(1), shark dealers are required to report to 
NMFS all sharks landed every two weeks. Dealer reports for fish 
received between the 1st and 15th of any month must be received by NMFS 
by the 25th of that month. Dealer reports for fish received between the 
16th and the end of any month must be received by NMFS by the 10th of 
the following month. Under Sec.  635.28(b)(2), when NMFS projects that 
fishing season landings for a specific shark quota have reached or are 
projected to reach 80 percent of the available quota, NMFS will file 
for publication with the Office of the Federal Register a notification 
of closure for that shark species group which will be effective no 
fewer than 5 days after the date of filing. From the effective date and 
time of the closure until NMFS announces, via a notice in the Federal 
Register, that additional quota is available and the season is 
reopened, the fishery for that specific quota is closed, even across 
fishing years.
    On December 8, 2010 (75 FR 76302), NMFS announced that the non-
sandbar LCS fishery for the Gulf of Mexico region for the 2011 fishing 
year would open on March 1 with a quota of 351.9 metric tons (mt) 
dressed weight (dw) (775,740 lb dw). Dealer reports through June 29, 
2011, indicate that 278.3 mt dw or 79 percent of the available quota 
for non-sandbar LCS has been taken. Dealer reports received to date 
indicate that 52 percent of the quota was taken in March; 10 percent of 
the quota was landed in April; 10 percent of the quota was landed in 
May; and 7 percent from June 1 through June 29. Based on the rate of 
fishing effort indicated by these preliminary dealer reports, NMFS 
estimates that an additional 8 to 21 percent of the quota could be 
taken from June 29 through July 15, 2011, thus reaching or exceeding 
the 80-percent limit specified for a closure notice in the regulations. 
Accordingly, NMFS is closing the commercial non-sandbar LCS fishery in 
the Gulf of Mexico region as of 11:30 p.m. local time July 17, 2011. 
All other shark fisheries remain open.
    At Sec.  635.27(b)(1)(ii), the boundary between the Gulf of Mexico 
region and the Atlantic region is defined as a line beginning on the 
East Coast of Florida at the mainland at 25[deg]20.4' N. lat, 
proceeding due east. Any water and land to the south and west of that 
boundary is considered, for the purposes of quota monitoring and 
setting of quotas, to be within the Gulf of Mexico region.
    During the closure, retention of non-sandbar LCS sharks in the Gulf 
of Mexico region is prohibited for persons fishing aboard vessels 
issued a commercial shark limited access permit under 50 CFR 635.4. 
Unless the vessel is properly permitted to operate as a

[[Page 41724]]

charter vessel or headboat for HMS and is engaged in a for-hire trip, 
in which case the recreational retention limits for sharks and ``no 
sale'' provisions apply (50 CFR 635.22(a) and (c)), or if the vessel 
possesses a valid shark research permit under Sec.  635.32 and a NMFS-
approved observer is onboard. A shark dealer issued a permit pursuant 
to Sec.  635.4 may not purchase or receive non-sandbar LCS in the Gulf 
of Mexico region from a vessel issued an Atlantic Shark Limited Access 
Permit (LAP), except that a permitted shark dealer or processor may 
possess non-sandbar LCS that were harvested, off-loaded, and sold, 
traded, or bartered, prior to the effective date of the closure and 
were held in storage consistent with Sec.  635.28(b)(4). However, a 
permitted shark dealer or processor may possess non-sandbar LCS that 
were harvested by a vessel issued a valid shark research fishery permit 
per Sec.  635.32 with a NMFS-approved observer onboard during the trip 
the sharks were taken on as long as the non-sandbar shark research 
fishery remains open. Under this closure, a shark dealer issued a 
permit pursuant to Sec.  635.4 may, in accordance with state 
regulations, purchase or receive a non-sandbar LCS in the Gulf of 
Mexico region if the sharks were harvested, off-loaded, and sold, 
traded, or bartered from a vessel that fishes only in state waters and 
that has not been issued an Atlantic Shark LAP, HMS Angling permit, or 
HMS Charter/Headboat permit pursuant to Sec.  635.4.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA (AA), finds that providing for prior notice and public 
comment for this action is impracticable and contrary to the public 
interest because the fishery is currently underway, and any delay in 
this action would cause overharvest of the quota and be inconsistent 
with management requirements and objectives. Similarly, affording prior 
notice and opportunity for public comment on this action is contrary to 
the public interest because if the quota is exceeded, the affected 
public is likely to experience reductions in the available quota and a 
lack of fishing opportunities in future seasons. Thus, for these 
reasons, the AA also finds good cause to waive the 30-day delay in 
effective date pursuant to 5 U.S.C. 553 (d)(3). This action is required 
under Sec.  635.28(b)(2) and is exempt from review under Executive 
Order 12866.

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

    Dated: July 12, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-17898 Filed 7-12-11; 4:15 pm]
BILLING CODE 3510-22-P

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