Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic; Closure, 59063-59064 [2011-24502]

Download as PDF Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Rules and Regulations 59063 FY 2012 PROCESSING AND FILING FEE TABLE—Continued Document/action FY 2012 Fee Renewal of existing sand and gravel lease in Nevada ................................................................................................. 30 Multiple Use; Mining (part 3730) Notice of protest of placer mining operations ............................................................................................................... 10 Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870) Application to open lands to location ............................................................................................................................ Notice of location* .......................................................................................................................................................... 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Adverse claim ................................................................................................................................................................ Protest ............................................................................................................................................................................ 10 15 10 10 10 105 30 2,875 (more than 10 claims) 1,440 (10 or fewer claims) 105 65 Oil Shale Management (parts 3900, 3910, 3930) Exploration license application ...................................................................................................................................... Application for assignment or sublease of record title or overriding royalty ................................................................. 300 60 * To record a mining claim or site location, you must pay this processing fee along with the initial maintenance fee and the one-time location fee required by statute. 43 CFR part 3833. * * * * * BILLING CODE 4310–84–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 040205043–4043–01] RIN 0648–XA677 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic; Closure erowe on DSK2VPTVN1PROD with RULES AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. SUMMARY: NMFS closes the commercial sector for vermilion snapper in the exclusive economic zone (EEZ) of the South Atlantic. This closure is necessary to protect the vermilion snapper resource. DATES: This rule is effective 12:01 a.m., local time, September 30, 2011, until 12:01 a.m., local time, January 1, 2012. FOR FURTHER INFORMATION CONTACT: Catherine Bruger, telephone: 727–824– 5305, fax: 727–824–5308, e-mail: Catherine.Bruger@noaa.gov. VerDate Mar<15>2010 14:40 Sep 22, 2011 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 and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act by regulations at 50 CFR part 622. The commercial quota for vermilion snapper in the South Atlantic is 302,523 lb (137,222 kg) for the current fishing period, July 1 through December 31, 2011, as specified in 50 CFR 622.42(e)(4)(ii). On June 15, 2011, NMFS published a final rule implementing a commercial trip limit for vermilion snapper of 1,500 lb (680 kg) per day, which was effective on July 15, 2011 (76 FR 34892). This trip limit, specified in 50 CFR 622.44(c)(6), remains in effect until the commercial quota for vermillion snapper is reached. Under 50 CFR 622.43(a), NMFS is required to close the commercial sector for vermilion snapper when its quota has been reached, or is projected to be reached, by filing a notification to that effect with the Office of the Federal Register. NMFS has determined that the commercial quota for South Atlantic vermilion snapper will have been reached by September 30, 2011. Accordingly, the commercial sector for South Atlantic vermilion snapper is closed effective 12:01 a.m., local time, SUPPLEMENTARY INFORMATION: [FR Doc. 2011–24494 Filed 9–22–11; 8:45 am] Jkt 223001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 September 30, 2011, until 12:01 a.m., local time, January 1, 2012. The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper having vermilion snapper onboard must have landed and bartered, traded, or sold such vermilion snapper prior to 12:01 a.m., local time, September 30, 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 the sale or purchase of vermilion snapper that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, September 30, 2011, and were held in cold storage by a dealer or processor. For a person on board a vessel for which a Federal commercial 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 fishery. The Assistant Administrator for Fisheries, NOAA, (AA), finds that the need to immediately E:\FR\FM\23SER1.SGM 23SER1 59064 Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Rules and Regulations implement this action to close the commercial sector for vermilion snapper constitutes good cause to waive the requirements to provide prior notice and opportunity for public comment pursuant to the authority set forth in 5 U.S.C. 553(b)(B), as such procedures would be unnecessary and contrary to the public interest. Such procedures would be unnecessary because the rule itself has 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 is contrary to the public interest because of the need to immediately implement this action to protect the fishery since 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 20, 2011. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2011–24502 Filed 9–20–11; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 654 [Docket No. 110707375–1578–02] RIN 0648–BB07 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Stone Crab Fishery of the Gulf of Mexico; Removal of Regulations AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. NMFS issues this final rule to repeal the Fishery Management Plan for the Stone Crab Fishery of the Gulf of Mexico (FMP) and remove its implementing regulations, as requested by the Gulf of Mexico Fishery Management Council (Council). The stone crab fishery takes place primarily erowe on DSK2VPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 14:40 Sep 22, 2011 Jkt 223001 in state waters off the coast of Florida, and the Florida Fish and Wildlife Conservation Commission (FWC) is extending its management of the fishery into Federal waters. Repealing the Federal regulations will eliminate duplication of management efforts, reduce costs for the Federal government, and align with the President’s Executive Order 13563, ‘‘Improving Regulation and Regulatory Review,’’ to ensure Federal regulations are more effective and less burdensome in achieving regulatory objectives. The intended effect of this action is to enhance the effectiveness and efficiency of managing the stone crab fishery in the Gulf of Mexico (Gulf). DATES: This rule is effective October 24, 2011. Electronic copies of documents supporting this final rule, which include an environmental assessment, may be obtained from Southeast Regional Office Web site at https://sero.nmfs.noaa.gov/sf/ StoneCrab.htm. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727–824– 5305 or e-mail: Susan.Gerhart@noaa.gov. The stone crab fishery of the Gulf of Mexico (Gulf) is managed under the FMP. The FMP was prepared by the Council and implemented through regulations at 50 CFR part 654 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). On July 20, 2011, NMFS published a proposed rule to repeal the Federal stone crab FMP and requested public comment (76 FR 43250). The proposed rule and the environmental assessment outline the rationale for the measures contained in this final rule. This final rule will repeal the Federal stone crab FMP and its implementing regulations. The FWC has already voted to extend its authority to regulate stone crab in Federal waters. The intended effect of this rule is to eliminate duplication of management efforts, reduce costs, and enhance regulatory efficiency of the stone crab resource. SUPPLEMENTARY INFORMATION: Comments and Responses NMFS received two comments on the proposed rule, one from a Federal agency that was non-substantive and one from an individual that expressed general support for the rule. Neither submission expressed substantive comments on the proposed rule and, therefore, are not repeated here. PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 Classification The Regional Administrator, Southeast Region, NMFS, has determined that this final rule is necessary to more efficiently manage the stone crab resource, and is consistent with the Magnuson-Stevens Act and other applicable laws. This final rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule is not repeated here. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not required and none was prepared. List of Subjects in 50 CFR Part 654 Fisheries, Fishing, Incorporation by reference. Dated: September 15, 2011. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, under the authority of 16 U.S.C. 1801 et seq., part 654 is removed. PART 654—[REMOVED] ■ 1. Remove part 654. [FR Doc. 2011–24274 Filed 9–22–11; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 101126522–0640–02] RIN 0648–XA722 Fisheries of the Exclusive Economic Zone Off Alaska; Shallow-Water Species by Vessels Using Trawl Gear in the Gulf of Alaska AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; modification of a closure. SUMMARY: NMFS is opening directed fishing for shallow-water species by E:\FR\FM\23SER1.SGM 23SER1

Agencies

[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Rules and Regulations]
[Pages 59063-59064]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24502]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 040205043-4043-01]
RIN 0648-XA677


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Snapper-Grouper Fishery of the 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 commercial sector for vermilion snapper in the 
exclusive economic zone (EEZ) of the South Atlantic. This closure is 
necessary to protect the vermilion snapper resource.

DATES: This rule is effective 12:01 a.m., local time, September 30, 
2011, until 12:01 a.m., local time, January 1, 2012.

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 and is 
implemented under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act by regulations at 50 CFR part 622.
    The commercial quota for vermilion snapper in the South Atlantic is 
302,523 lb (137,222 kg) for the current fishing period, July 1 through 
December 31, 2011, as specified in 50 CFR 622.42(e)(4)(ii). On June 15, 
2011, NMFS published a final rule implementing a commercial trip limit 
for vermilion snapper of 1,500 lb (680 kg) per day, which was effective 
on July 15, 2011 (76 FR 34892). This trip limit, specified in 50 CFR 
622.44(c)(6), remains in effect until the commercial quota for 
vermillion snapper is reached.
    Under 50 CFR 622.43(a), NMFS is required to close the commercial 
sector for vermilion snapper when its quota has been reached, or is 
projected to be reached, by filing a notification to that effect with 
the Office of the Federal Register. NMFS has determined that the 
commercial quota for South Atlantic vermilion snapper will have been 
reached by September 30, 2011. Accordingly, the commercial sector for 
South Atlantic vermilion snapper is closed effective 12:01 a.m., local 
time, September 30, 2011, until 12:01 a.m., local time, January 1, 
2012.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having vermilion snapper onboard must 
have landed and bartered, traded, or sold such vermilion snapper prior 
to 12:01 a.m., local time, September 30, 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 the sale or purchase of vermilion 
snapper that were harvested, landed ashore, and sold prior to 12:01 
a.m., local time, September 30, 2011, and were held in cold storage by 
a dealer or processor. For a person on board a vessel for which a 
Federal commercial 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 fishery. The Assistant Administrator for Fisheries, 
NOAA, (AA), finds that the need to immediately

[[Page 59064]]

implement this action to close the commercial sector for vermilion 
snapper constitutes good cause to waive the requirements to provide 
prior notice and opportunity for public comment pursuant to the 
authority set forth in 5 U.S.C. 553(b)(B), as such procedures would be 
unnecessary and contrary to the public interest. Such procedures would 
be unnecessary because the rule itself has 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 is 
contrary to the public interest because of the need to immediately 
implement this action to protect the fishery since 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 20, 2011.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2011-24502 Filed 9-20-11; 4:15 pm]
BILLING CODE 3510-22-P

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