Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Gulf of Mexico Reef Fish Fishery; 2011 Commercial Quota and 2011 Commercial Fishing Season for Greater Amberjack, 51905-51906 [2011-21251]
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Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations
PART 52—[AMENDED]
1. The authority citation for Part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart G—Colorado
2. Add paragraph (d) to § 52.329 as
follows:
■
§ 52.329
Rules and regulations.
wreier-aviles on DSKDVH8Z91PROD with RULES
*
*
*
*
*
(d) On August 7, 2007, the Colorado
submitted two packages with revisions
to Colorado’s Regulation 3 Regulation, 5
CCR 1001–5, Part A. One change adopts
language to treat nitrogen dioxide as an
ozone precursor. The State also adopted
an increase in fees used to pay for the
State’s increased workload from the
processing of Air Pollutant Emission
Notices (APENs) and permits. Annual
and permit processing fees shall be
$16.54 for regulated pollutants and
$114.96 for Hazardous Air Pollutants.
One grammatical change was made to
the text of Part A, Section 1.B.9.d:
(1) Regulation 3, 5 CCR 1001–5, Air
Contaminant Emissions Notices, Part A,
Concerning General Provisions
Applicable to Reporting and Permitting,
Section I, Applicability, Section I.B.9.d,
Applicable Requirement, effective
October 2006: Any standard or other
requirement under section 112 of the
Federal Act (hazardous air pollutants,
including any requirement concerning
accident prevention under section
112(r)(7) of the Federal Act) (Regulation
No. 8) but not including the contents of
any risk management plan required
under section 112(r) of the Federal Act.
(2) Regulation 3, 5 CCR 1001–5, Air
Contaminant Emissions Notices, Part A,
Concerning General Provisions
Applicable to Reporting and Permitting,
Section I, Applicability, Section I.B.16,
Criteria Pollutants, effective October
2006:
(i) Those pollutants for which the U.S.
EPA has established national ambient
air quality standards, including: carbon
monoxide, nitrogen dioxide (direct
emissions and as a precursor to ozone),
sulfur dioxide, PM10, total suspended
particulate matter, ozone, volatile
organic compounds (as a precursor to
ozone), and lead.
(ii) For the purpose of Air Pollutant
Emission Notice reporting, criteria
pollutants shall also include nitrogen
oxides, fluorides, sulfuric acid mist,
hydrogen sulfide, total reduced sulfur,
reduced sulfur compounds, municipal
waste combustor organics, municipal
waste combustor metals, and municipal
waste combustor acid gases.
VerDate Mar<15>2010
13:34 Aug 18, 2011
Jkt 223001
(3) Regulation 3, 5 CCR 1001–5, Air
Contaminant Emissions Notices, Part A,
Concerning General Provisions
Applicable to Reporting and Permitting,
Section VI Fees; Section VI.D.1, Fee
Schedule, effective February 2007:
Annual and permit processing fees shall
be charged in accordance with and in
the amounts specified in the provisions
of Colorado Revised Statues section 25–
7–114.7. Annual fees for regulated
pollutants shall be $16.54. Annual fees
for hazardous air pollutants shall be
$114.96.
[FR Doc. 2011–21233 Filed 8–18–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 040205043–4043–01]
RIN 0648–XA592
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Gulf of
Mexico Reef Fish Fishery; 2011
Commercial Quota and 2011
Commercial Fishing Season for
Greater Amberjack
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reopening.
AGENCY:
NMFS implements this
temporary final rule to increase the
commercial quota for greater amberjack
in the Gulf of Mexico (Gulf) for the 2011
fishing year and reopen the 2011
commercial fishing season for greater
amberjack for a limited time period.
These actions are necessary to achieve
the optimum yield for the fishery, thus
enhancing social and economic benefits
to the fishery.
DATES: This rule is effective August 19,
2011 through December 31, 2011, except
for the reopening of the commercial
sector for Gulf greater amberjack. The
commercial sector for Gulf greater
amberjack will reopen at 12:01 a.m.,
local time, September 1, 2011, and close
at 12:01 a.m., local time, October 31,
2011.
SUMMARY:
Electronic copies of the
final rule for Amendment 30A, the Final
Supplemental Environmental Impact
Statement (FSEIS) for Amendment 30A,
and other supporting documentation
may be obtained from Rich Malinowski,
NMFS, Southeast Regional Office, 263
ADDRESSES:
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
51905
13th Avenue South, St. Petersburg, FL
33701; telephone: 727–824–5305.
FOR FURTHER INFORMATION CONTACT: Rich
Malinowski, telephone: 727–824–5305,
e-mail Rich.Malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef
fish fishery of the Gulf is managed
under the Fishery Management Plan for
Reef Fish Resources of the Gulf of
Mexico (FMP). The FMP was prepared
by the Gulf of Mexico 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.
Background
The 2006 reauthorization of the
Magnuson-Stevens Act implemented
new requirements that annual catch
limits (ACLs) and accountability
measures (AMs) be established to end
overfishing and prevent overfishing
from occurring. AMs are management
controls to prevent ACLs from being
exceeded, and correct or mitigate
overages of the ACL if they occur.
Section 303(a)(15) of the MagnusonStevens Act mandates the establishment
of ACLs at a level such that overfishing
does not occur in the fishery, including
measures to ensure accountability.
On July 3, 2008, NMFS issued a final
rule (73 FR 38139) to implement
Amendment 30A to the FMP
(Amendment 30A). Amendment 30A
established a commercial quota for Gulf
greater amberjack of 503,000 lb (228,157
kg) and an AM that would go into effect
if the commercial quota for greater
amberjack is exceeded. In accordance
with regulations at 50 CFR
622.49(a)(1)(i), when the applicable
commercial quota is reached, or
projected to be reached, the Assistant
Administrator for Fisheries, NOAA,
(AA), will file a notification with the
Office of the Federal Register to close
the commercial sector for the remainder
of the fishing year. If despite such
closure, commercial landings exceed the
quota, the AA will reduce the quota the
year following an overage by the amount
of the overage of the prior fishing year.
Landings data for 2010, provided by
the Southeast Fisheries Science Center
(SEFSC) in April, 2011, indicated
562,172 lb (254,997 kg) were landed by
the commercial sector, for an overage of
189,100 lb (85,774 kg). Therefore, for
2011, NMFS published a rule in the
Federal Register (76 FR 23909, April 29,
2011) announcing the 503,000-lb
commercial quota would be adjusted to
313,900 lb (142,383 kg) to account for
the overage. However, recently updated
E:\FR\FM\19AUR1.SGM
19AUR1
51906
Federal Register / Vol. 76, No. 161 / Friday, August 19, 2011 / Rules and Regulations
wreier-aviles on DSKDVH8Z91PROD with RULES
landings data, provided by the SEFSC,
indicate the commercial harvest for
2010 was 533,981 lb (242,210 kg),
28,191 lb (12,787 kg) less than was
previously reported. This temporary
rule will establish a new 2011 quota of
342,091 lb (155,170 kg).
The commercial sector was closed on
June 18, 2011, when NMFS estimated
the 313,900-lb (142,383-kg) adjusted
quota would be reached. Landings data
available to date, indicate the quota was
not met by the closing date and that
58,254 lbs of the adjusted quota remain
available. When combined with the
28,191 lb (12,787 kg) erroneously
deducted for 2010, this results in 86,452
lb (39,214 kg) of quota available for
2011. Based on historical catch rates,
NMFS projects the remaining 86,452 lb
(39,214 kg) of quota will be harvested in
61 days. Therefore, this temporary rule
will reopen the commercial greater
amberjack fishing season beginning at
12:01 a.m., local time, September 1,
2011, and close the commercial sector at
12:01 a.m., local time, on October 31,
2011. The fishery will remain closed
until 12:01 a.m., local time, on January
1, 2012.
During the closure, all commercial
harvest or possession of greater
amberjack in or from the Gulf Exclusive
Economic Zone (EEZ), and the sale or
purchase of greater amberjack taken
from the EEZ is prohibited. The
prohibition on sale or purchase does not
apply to sale or purchase of greater
amberjack that were harvested, landed
ashore, and sold prior to 12:01 a.m.,
local time, October 31, 2011, and were
held in cold storage by a dealer or
processor. In addition to the Gulf EEZ
closure, a person on board a vessel for
which a commercial vessel permit for
Gulf reef fish has been issued must
comply with these closure provisions
VerDate Mar<15>2010
13:34 Aug 18, 2011
Jkt 223001
regardless of where the Gulf greater
amberjack are harvested, i.e., in state or
Federal waters.
The 2012 commercial quota for
greater amberjack will return to the
quota specified at 50 CFR 622.42(a)(1)(v)
unless accountability measures are
implemented due to a quota overage and
a reduced quota is specified through
notification in the Federal Register, or
subsequent regulatory action is taken to
adjust the quota.
Classification
The Administrator, Southeast Region,
NMFS, (RA) has determined this
temporary rule is necessary for the
conservation and management of the
Gulf greater amberjack component of the
Gulf reef fish fishery and is consistent
with the Magnuson-Stevens Act and
other applicable laws.
This action is taken under 50 CRF
622.43(a) and is exempt from review
under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
NMFS prepared a FSEIS for
Amendment 30A. A notice of
availability for the FSEIS was published
on April 18, 2008 (73 FR 21124). An
electronic copy of the FSEIS and the
Record of Decision are available from
NMFS (see ADDRESSES).
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive the requirements
to provide prior notice and opportunity
for public comment on this temporary
rule. Such procedures are unnecessary
because the commercial AM established
by Amendment 30A and located at 50
CFR 622.49(a)(1)(i) authorizes the AA to
file a notification with the Office of the
Federal Register to adjust the
PO 00000
Frm 00038
Fmt 4700
Sfmt 9990
commercial quota the following fishing
year. The final rule for Amendment 30A
implementing this AM was subject to
notice and comment and all that
remains is to notify the public of the
adjusted 2011 commercial quota and the
reopening of the commercial fishing
season for Gulf greater amberjack to
allow fishermen to catch the remaining
quota.
Also, providing prior notice and
opportunity for public comment on this
action would be contrary to the public
interest. Delaying the announcement of
the commercial fishing season
reopening date to accommodate prior
notice and comment would result in a
delayed reopening date. Fishermen have
indicated that a summer reopening will
allow them to take advantage of the
increased summer tourists that would
be purchasing fish in restaurants and
retail markets. This should allow
fishermen to obtain higher prices and
more easily sell their product. Further,
better weather conditions exist in the
summer than would be expected in a
fall or winter reopening. This would be
expected to improve safety at sea
conditions in the fishery. Taking time to
solicit public comment prior to
reopening harvest would result in
delaying the reopening until sometime
in the early fall. This would result in
foregoing the benefits discussed above.
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).
Authority: 16 U.S.C. 1801 et seq.
Dated: August 16, 2011.
Galen R. Tromble,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–21251 Filed 8–18–11; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\19AUR1.SGM
19AUR1
]]>Agencies
[Federal Register Volume 76, Number 161 (Friday, August 19, 2011)]
[Rules and Regulations]
[Pages 51905-51906]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21251]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 040205043-4043-01]
RIN 0648-XA592
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Gulf of Mexico Reef Fish Fishery; 2011 Commercial Quota and 2011
Commercial Fishing Season for Greater Amberjack
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; reopening.
-----------------------------------------------------------------------
SUMMARY: NMFS implements this temporary final rule to increase the
commercial quota for greater amberjack in the Gulf of Mexico (Gulf) for
the 2011 fishing year and reopen the 2011 commercial fishing season for
greater amberjack for a limited time period. These actions are
necessary to achieve the optimum yield for the fishery, thus enhancing
social and economic benefits to the fishery.
DATES: This rule is effective August 19, 2011 through December 31,
2011, except for the reopening of the commercial sector for Gulf
greater amberjack. The commercial sector for Gulf greater amberjack
will reopen at 12:01 a.m., local time, September 1, 2011, and close at
12:01 a.m., local time, October 31, 2011.
ADDRESSES: Electronic copies of the final rule for Amendment 30A, the
Final Supplemental Environmental Impact Statement (FSEIS) for Amendment
30A, and other supporting documentation may be obtained from Rich
Malinowski, NMFS, Southeast Regional Office, 263 13th Avenue South, St.
Petersburg, FL 33701; telephone: 727-824-5305.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, telephone: 727-824-
5305, e-mail Rich.Malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: The reef fish fishery of the Gulf is managed
under the Fishery Management Plan for Reef Fish Resources of the Gulf
of Mexico (FMP). The FMP was prepared by the Gulf of Mexico 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.
Background
The 2006 reauthorization of the Magnuson-Stevens Act implemented
new requirements that annual catch limits (ACLs) and accountability
measures (AMs) be established to end overfishing and prevent
overfishing from occurring. AMs are management controls to prevent ACLs
from being exceeded, and correct or mitigate overages of the ACL if
they occur. Section 303(a)(15) of the Magnuson-Stevens Act mandates the
establishment of ACLs at a level such that overfishing does not occur
in the fishery, including measures to ensure accountability.
On July 3, 2008, NMFS issued a final rule (73 FR 38139) to
implement Amendment 30A to the FMP (Amendment 30A). Amendment 30A
established a commercial quota for Gulf greater amberjack of 503,000 lb
(228,157 kg) and an AM that would go into effect if the commercial
quota for greater amberjack is exceeded. In accordance with regulations
at 50 CFR 622.49(a)(1)(i), when the applicable commercial quota is
reached, or projected to be reached, the Assistant Administrator for
Fisheries, NOAA, (AA), will file a notification with the Office of the
Federal Register to close the commercial sector for the remainder of
the fishing year. If despite such closure, commercial landings exceed
the quota, the AA will reduce the quota the year following an overage
by the amount of the overage of the prior fishing year.
Landings data for 2010, provided by the Southeast Fisheries Science
Center (SEFSC) in April, 2011, indicated 562,172 lb (254,997 kg) were
landed by the commercial sector, for an overage of 189,100 lb (85,774
kg). Therefore, for 2011, NMFS published a rule in the Federal Register
(76 FR 23909, April 29, 2011) announcing the 503,000-lb commercial
quota would be adjusted to 313,900 lb (142,383 kg) to account for the
overage. However, recently updated
[[Page 51906]]
landings data, provided by the SEFSC, indicate the commercial harvest
for 2010 was 533,981 lb (242,210 kg), 28,191 lb (12,787 kg) less than
was previously reported. This temporary rule will establish a new 2011
quota of 342,091 lb (155,170 kg).
The commercial sector was closed on June 18, 2011, when NMFS
estimated the 313,900-lb (142,383-kg) adjusted quota would be reached.
Landings data available to date, indicate the quota was not met by the
closing date and that 58,254 lbs of the adjusted quota remain
available. When combined with the 28,191 lb (12,787 kg) erroneously
deducted for 2010, this results in 86,452 lb (39,214 kg) of quota
available for 2011. Based on historical catch rates, NMFS projects the
remaining 86,452 lb (39,214 kg) of quota will be harvested in 61 days.
Therefore, this temporary rule will reopen the commercial greater
amberjack fishing season beginning at 12:01 a.m., local time, September
1, 2011, and close the commercial sector at 12:01 a.m., local time, on
October 31, 2011. The fishery will remain closed until 12:01 a.m.,
local time, on January 1, 2012.
During the closure, all commercial harvest or possession of greater
amberjack in or from the Gulf Exclusive Economic Zone (EEZ), and the
sale or purchase of greater amberjack taken from the EEZ is prohibited.
The prohibition on sale or purchase does not apply to sale or purchase
of greater amberjack that were harvested, landed ashore, and sold prior
to 12:01 a.m., local time, October 31, 2011, and were held in cold
storage by a dealer or processor. In addition to the Gulf EEZ closure,
a person on board a vessel for which a commercial vessel permit for
Gulf reef fish has been issued must comply with these closure
provisions regardless of where the Gulf greater amberjack are
harvested, i.e., in state or Federal waters.
The 2012 commercial quota for greater amberjack will return to the
quota specified at 50 CFR 622.42(a)(1)(v) unless accountability
measures are implemented due to a quota overage and a reduced quota is
specified through notification in the Federal Register, or subsequent
regulatory action is taken to adjust the quota.
Classification
The Administrator, Southeast Region, NMFS, (RA) has determined this
temporary rule is necessary for the conservation and management of the
Gulf greater amberjack component of the Gulf reef fish fishery and is
consistent with the Magnuson-Stevens Act and other applicable laws.
This action is taken under 50 CRF 622.43(a) and is exempt from
review under Executive Order 12866.
These measures are exempt from the procedures of the Regulatory
Flexibility Act because the temporary rule is issued without
opportunity for prior notice and comment.
NMFS prepared a FSEIS for Amendment 30A. A notice of availability
for the FSEIS was published on April 18, 2008 (73 FR 21124). An
electronic copy of the FSEIS and the Record of Decision are available
from NMFS (see ADDRESSES).
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive the
requirements to provide prior notice and opportunity for public comment
on this temporary rule. Such procedures are unnecessary because the
commercial AM established by Amendment 30A and located at 50 CFR
622.49(a)(1)(i) authorizes the AA to file a notification with the
Office of the Federal Register to adjust the commercial quota the
following fishing year. The final rule for Amendment 30A implementing
this AM was subject to notice and comment and all that remains is to
notify the public of the adjusted 2011 commercial quota and the
reopening of the commercial fishing season for Gulf greater amberjack
to allow fishermen to catch the remaining quota.
Also, providing prior notice and opportunity for public comment on
this action would be contrary to the public interest. Delaying the
announcement of the commercial fishing season reopening date to
accommodate prior notice and comment would result in a delayed
reopening date. Fishermen have indicated that a summer reopening will
allow them to take advantage of the increased summer tourists that
would be purchasing fish in restaurants and retail markets. This should
allow fishermen to obtain higher prices and more easily sell their
product. Further, better weather conditions exist in the summer than
would be expected in a fall or winter reopening. This would be expected
to improve safety at sea conditions in the fishery. Taking time to
solicit public comment prior to reopening harvest would result in
delaying the reopening until sometime in the early fall. This would
result in foregoing the benefits discussed above.
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).
Authority: 16 U.S.C. 1801 et seq.
Dated: August 16, 2011.
Galen R. Tromble,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2011-21251 Filed 8-18-11; 8:45 am]
BILLING CODE 3510-22-P
