Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Closure, 56659-56660 [2011-23507]

Download as PDF tkelley on DSKG8SOYB1PROD with RULES Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Rules and Regulations Impact_Assessment.html. The Commission is in the process of updating the PIA to incorporate various revisions made to the SORN. Needs and Uses: The Commission received final approval for the information collection requirements contained in MB Docket No. 11–43; FCC 11–126 from the Office of Management and Budget (OMB) on September 8, 2011. This rulemaking contains information collection requirements that support the Commission’s video description rules that would be codified at 47 CFR 79.3, as required by the Twenty-First Century Communications and Video Accessibility Act of 2010 (‘‘CVAA’’). In 2000, the Commission adopted rules requiring certain broadcasters and multichannel video program distributors (MVPDs) to carry programming with video description. The United States Court of Appeals for the District of Columbia Circuit vacated the rules due to insufficient authority soon after their initial adoption. The CVAA directs the Commission to reinstate those rules, with certain modifications, on October 8, 2011. The information collection requirements consist of: Petitions for exemption based on ‘‘economic burden.’’ Pursuant to 47 CFR 79.3(d), a video programming provider may petition the Commission for a full or partial exemption from the video description requirements based upon a showing that they would be economically burdensome. Petitions for exemption must by filed with the Commission, placed on Public Notice, and be subject to comment from the public. Complaints alleging violations of the video description rules. Section 79.3(e) provides that a complaint alleging a violation of the video description rules may be transmitted to the Commission by ‘‘any reasonable means’’ that would best accommodate the complainant’s disability, and that each complaint must include: The name and address of the complainant; The name and address of the broadcast station against whom the complaint is alleged and its call letters and network affiliation, or the name and address of the MVPD against whom the complaint is alleged and the name of the network that provides the programming that is the subject of the complaint; A statement of facts sufficient to show that the video programming distributor has violated or is violating the Commission’s rules, and, if applicable, VerDate Mar<15>2010 13:34 Sep 13, 2011 Jkt 223001 the date and time of the alleged violation; The specific relief or satisfaction sought by the complainant; The complainant’s preferred format or method of response to the complaint (such as letter, facsimile transmission, telephone (voice/TRS/TTY), Internet e-mail, or some other method that would best accommodate the complainant’s disability); and A certification that the complainant attempted in good faith to resolve the dispute with the broadcast station or MVPD against whom the complaint is alleged. Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary, Office of Managing Director. [FR Doc. 2011–23382 Filed 9–13–11; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 001005281–0369–02] RIN 0648–XA690 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Closure National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS closes the western zone of the Gulf of Mexico (Gulf) to commercial king mackerel fishing in the exclusive economic zone (EEZ). This closure is necessary to protect the Gulf king mackerel resource. DATES: The closure is effective noon, local time, September 16, 2011, until 12:01 a.m., local time, on July 1, 2012. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, 727–824–5305, fax: 727– 824–5308, e-mail: Susan.Gerhart@noaa.gov. SUMMARY: The fishery for coastal migratory pelagic fish (king mackerel, Spanish mackerel, cero, cobia, little tunny, and, in the Gulf 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 SUPPLEMENTARY INFORMATION: PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 56659 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. Commercial fishing for the Gulf migratory group of king mackerel in the western zone is managed under a quota of 1.01 million lb (0.46 million kg) (66 FR 17368, March 30, 2001) for the current fishing year, July 1, 2011, through June 30, 2012. Under 50 CFR 622.43(a)(3), NMFS is required to close any segment of the king mackerel commercial sector 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 (0.46 million kg) for Gulf group king mackerel in the western zone will be reached by September 16, 2011. Accordingly, the western zone is closed effective noon, local time, September 16, 2011, through June 30, 2012, the end of the fishing year to commercial fishing for Gulf group king mackerel. 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 zone 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. E:\FR\FM\14SER1.SGM 14SER1 56660 Federal Register / Vol. 76, No. 178 / Wednesday, September 14, 2011 / Rules and Regulations Classification tkelley on DSKG8SOYB1PROD with RULES This action responds to the best available information recently obtained from the fisheries. The Assistant Administrator for Fisheries, NOAA (AA), finds that the need to immediately implement this action to close the western zone of the Gulf to commercial king mackerel fishing constitutes good cause to waive the requirements 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 implementing the VerDate Mar<15>2010 13:34 Sep 13, 2011 Jkt 223001 quota and the associated requirement for closure of the commercial harvest when the quota is reached or projected to be reached 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 on this action would be contrary to the public interest because any delay in the closure of the commercial harvest could result in the commercial quota being exceeded. There is a need to immediately implement this action to protect the king mackerel resource because the capacity of the fishing fleet allows for rapid harvest of the quota. Prior notice and opportunity for public PO 00000 Frm 00026 Fmt 4700 Sfmt 9990 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 9, 2011. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2011–23507 Filed 9–9–11; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\14SER1.SGM 14SER1

Agencies

[Federal Register Volume 76, Number 178 (Wednesday, September 14, 2011)]
[Rules and Regulations]
[Pages 56659-56660]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23507]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XA690


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.

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SUMMARY: NMFS closes the western zone of the Gulf of Mexico (Gulf) to 
commercial king mackerel fishing in the exclusive economic zone (EEZ). 
This closure is necessary to protect the Gulf king mackerel resource.

DATES: The closure is effective noon, local time, September 16, 2011, 
until 12:01 a.m., local time, on July 1, 2012.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, 727-824-5305, fax: 727-
824-5308, e-mail: Susan.Gerhart@noaa.gov.

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish (king mackerel, Spanish mackerel, cero, cobia, little tunny, and, 
in the Gulf 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.
    Commercial fishing for the Gulf migratory group of king mackerel in 
the western zone is managed under a quota of 1.01 million lb (0.46 
million kg) (66 FR 17368, March 30, 2001) for the current fishing year, 
July 1, 2011, through June 30, 2012.
    Under 50 CFR 622.43(a)(3), NMFS is required to close any segment of 
the king mackerel commercial sector 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 (0.46 million kg) for Gulf group king mackerel in the 
western zone will be reached by September 16, 2011. Accordingly, the 
western zone is closed effective noon, local time, September 16, 2011, 
through June 30, 2012, the end of the fishing year to commercial 
fishing for Gulf group king mackerel. The boundary between the eastern 
and western zones is 87[deg]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 zone 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.

[[Page 56660]]

Classification

    This action responds to the best available information recently 
obtained from the fisheries. The Assistant Administrator for Fisheries, 
NOAA (AA), finds that the need to immediately implement this action to 
close the western zone of the Gulf to commercial king mackerel fishing 
constitutes good cause to waive the requirements 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 implementing the quota 
and the associated requirement for closure of the commercial harvest 
when the quota is reached or projected to be reached 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 on this 
action would be contrary to the public interest because any delay in 
the closure of the commercial harvest could result in the commercial 
quota being exceeded. There is a need to immediately implement this 
action to protect the king mackerel resource because 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 9, 2011.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-23507 Filed 9-9-11; 4:15 pm]
BILLING CODE 3510-22-P