Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Emergency Rule Extension, Georges Bank Yellowtail Flounder Catch Limit Revisions, 61995-61996 [2011-25936]

Download as PDF Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Rules and Regulations 9. The contract contains the final terms and conditions of this agreement between the parties and represents the entire and exclusive agreement between them. 10. The contract terms are severable, and, in the event that any portion of the contract is held to be unenforceable, the remaining portion shall remain fully enforceable against the parties. 11. Any and all disputes involving the contract shall be governed by laws of the State of Alaska. The bidder expressly acknowledges that by submitting the Bid, he/ she makes an irrevocable offer to relinquish the permit, and once having submitted the Bid, is not entitled to withdraw or in any way amend the Bid. 12. The failure of a bidder to perform his/ her obligations under the Bid will result in irreparable damage to the SRA and its members upon submittal of the Plan to the Secretary for approval. Accordingly, the SRA 61995 and the bidder expressly acknowledge that money damages are an inadequate means of redress and agree that upon failure of the bidder to fulfill his/her obligations under the Bid that specific performance of those obligations may be obtained by suit in equity brought by the SRA in any court of competent jurisdiction without obligation to arbitrate such action. BIDDER’S SIGNATURE AND NOTARY’S ACKNOWLEDGEMENT AND CERTIFICATION Bidder signature Notary signature (1) Sign (2) Print the following: (a) signer’s name (b) signing date (c) state and city/borough (1) Sign (2) Print the following: (a) name (b) signing date (3) date commission expires, and State and city/borough. Each notary signature attests to the following: ‘‘I certify that I know or have satisfactory evidence that the person who is signed in the 1st column of this same row is the person who appeared before me and: (1) Acknowledged his/her signature; (2) on oath, stated that he/she was authorized to sign; and (3) acknowledged that he/she did so freely and voluntarily.’’ (1) (2)(a) (2)(b) (3) (1) (2)(a) (2)(b) (2)(c) wreier-aviles on DSK7SPTVN1PROD with RULES II. Southeast Revitalization Association signature Southeast Revitalization Association Appendix D to § 600.1107—Conditional Relinquishment of Southeast Salmon Purse Seine Entry Permit Dated: lllllllllllllllll [AS 16.43.150(i)] By: lllllllllllllllllll Upon satisfaction of the conditions that the Appendix C to § 600.1107—Conditional Southeast Revitalization Association (SRA) Notice to CFEC and Request by Permit accepts my bid and that NMFS agrees to pay Holder my full bid amount to me, the SRA may submit this executed Conditional In support of my Bid to the Southeast Relinquishment of Southeast Salmon Purse Revitalization Association (SRA), I have Seine Entry Permit to the Commercial executed this Conditional Notice and request Fisheries Entry Commission. and authorize the Southeast Revitalization I fully understand this relinquishment of Association (SRA) to submit this executed my permanent entry permit #lllllll document to the Alaska Commercial under AS 16.43.150(i) is permanent, and I Fisheries Entry Commission (CFEC) in the will not be able to reinstate the permit. event that the SRA accepts my bid to DATED this lll day of lllll , permanently relinquish my Southeast 2011. Salmon Purse Seine Entry Permit under AS lllllllllllllllllllll 16.43.150(i). (Permit Holder/Bidder) I hereby notify the CFEC that the SRA has SUBSCRIBED AND SWORN TO before me accepted my Bid to permanently relinquish this lll day of lllll , 2011. my Southeast Salmon Purse Seine Entry lllllllllllllllllllll Permit #lllllll. I request the CFEC: (1) not to renew my Notary Public, State of lllllllll above-identified entry permit; and (2) not to My commission expires: lllllll authorize any transfer of my entry permit. [FR Doc. 2011–25750 Filed 10–5–11; 8:45 am] DATED this lll day of lllll , BILLING CODE 3510–22–P 2011. lllllllllllllllllllll (Permit Holder/Bidder) SUBSCRIBED AND SWORN TO before me this lll day of lllll , 2011. lllllllllllllllllllll Notary Public, State of lllllllll My commission expires: lllllll VerDate Mar<15>2010 15:01 Oct 05, 2011 Jkt 226001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 100923469–1543–05] RIN 0648–BA27 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Emergency Rule Extension, Georges Bank Yellowtail Flounder Catch Limit Revisions National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary final rule; emergency action extension and request for comments. AGENCY: This action extends the Georges Bank (GB) yellowtail flounder specifications for fishing year (FY) 2011 that were implemented on May 1, 2011, through emergency authority concurrent with the Framework Adjustment (FW) 45 Final Rule under the Northeast (NE) Multispecies Fishery Management Plan (FMP), which is scheduled to expire on October 24, 2011. Specifically, this temporary rule maintains the current Acceptable Biological Catch (ABC) and Annual Catch Limit (ACL) for GB yellowtail flounder for an additional 186 days, i.e., through the end of fishing SUMMARY: E:\FR\FM\06OCR1.SGM 06OCR1 wreier-aviles on DSK7SPTVN1PROD with RULES 61996 Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Rules and Regulations year (FY) 2010 (May 1, 2011 through April 30, 2012). DATES: The effective date of the GB yellowtail flounder specifications in the final rule published April 25, 2011 (76 FR 23042) is extended through April 30, 2012. Comments are accepted through November 7, 2011. ADDRESSES: You may submit comments, identified by FDMS Docket Number NOAA–NMFS–2011–0237, by any one of the following methods: • Electronic Submissions: Submit all electronic public comments via the Federal e-rulemaking portal: https:// www.regulations.gov. To submit comments via the e-Rulemaking Portal, first click the ‘‘submit a comment’’ icon, then enter [NOAA–NMFS–2011–0237] in the keyword search. Locate the document you wish to comment on from the resulting list and click on the ‘‘Submit a Comment’’ icon on the right of that line. • Mail: Paper, disk, or CD–ROM comments should be sent to Patricia A. Kurkul, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930–2276. Mark the outside of the envelope: ‘‘Comments on NE Multispecies GB Yellowtail Flounder Specifications Emergency Rule Extension.’’ • Fax: (978) 281–9135. Instructions: Comments must be submitted by one of the above methods to ensure that the comments are received, documented, and considered by NMFS. Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. All comments received are part of the public record and will generally be posted to https:// www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. We will accept anonymous comments (enter ‘‘N/A’’ in the required fields, if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF formats only. Copies of the small entity compliance guide are available from the Regional Administrator, NMFS, Northeast Regional Office, at the address above. Copies of the Environmental Assessment (EA) prepared for this rule may be found at the following Internet address: https://www.regulations.gov. VerDate Mar<15>2010 15:01 Oct 05, 2011 Jkt 226001 FOR FURTHER INFORMATION CONTACT: Thomas A. Warren, Fishery Policy Analyst, (978) 281–9347, fax (978) 281– 9135. SUPPLEMENTARY INFORMATION: Background This temporary final rule extends the revised GB yellowtail flounder catch limits implemented through emergency authority as published in the FW 45 final rule on April 25, 2011 (76 FR 23042) in order to maintain those measures through the end of FY 2010 (April 30, 2012). The April 25, 2011 final rule included detailed information on the background and reasons for the need to revise the GB yellowtail flounder catch limits from those originally proposed in the FW 45 proposed rule (76 FR 11858; March 3, 2011). The public had an opportunity to comment on the April 25, 2011 emergency measures, but no comments were submitted. We will again accept public comment on both the appropriateness of the emergency action to date, and its extension. The emergency specifications extended through this final rule are the revised GB yellowtail flounder catch limits for FY 2011, as follows: A U.S. ABC of 1,458 mt; a total ACL of 1,416 mt; a groundfish sub-ACL of 1,142 mt; a scallop fishery sub-ACL of 200.8 mt; and an Other ACL sub-component of 73 mt. The initial emergency action modified GB yellowtail flounder catch limits from those originally proposed as a result of the passage of new legislation (International Fisheries Agreement Clarification Act). Although the FW 45 final rule contained preliminary information regarding the more specific components of the groundfish sub-ACL (the division of the groundfish sub-ACL between sectors and the common pool and the Incidental Catch Total Allowable Catches for common pool vessels), it did not implement the final specification of these components (and this rule does not need to address those aspects of the FMP). The components of the GB yellowtail flounder groundfish sub-ACL are specified in the final rule that adjusted the FY 2011 groundfish subACL components for all stocks (76 FR 34903; June 15, 2011). No comments were received on the initial emergency rule. Classification We have determined that the emergency specifications extended by this temporary final rule are necessary and are consistent with the MagnusonStevens Fishery Conservation and PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 Management Act and other applicable law. The interim rule that this rule extends was determined to be not significant for purposes of E.O. 12866. This rule is exempt from the procedures of the Regulatory Flexibility Act to prepare a regulatory flexibility analysis because the rule is issued without opportunity for prior public comment. The supplemental Environmental Assessment (EA) prepared for the initial emergency action analyzed the impacts of the emergency specifications for the duration of a year (Supplemental EA, Revised Georges Bank Yellowtail Flounder Catch Limits for Fishing Year 2011; April 13, 2011). Therefore, the impacts of this emergency action extension have been analyzed, and are within the scope of the Finding of No Significant Impact. Authority: 16 U.S.C. 1801 et seq. Dated: October 3, 2011. Eric C. Schwaab, Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. 2011–25936 Filed 10–5–11; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 RIN 0648–XA421 Fishery Management Plan for the Scallop Fishery Off Alaska; Amendment 13 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of agency decision. AGENCY: The National Marine Fisheries Service (NMFS) announces approval of Amendment 13 to the Fishery Management Plan for the Scallop fishery off Alaska (FMP). Amendment 13 implements an annual catch limit (ACL) and accountability measures (AMs) to prevent overfishing in the target fishery for weathervane scallops. Implementing these measures requires revising the maximum sustainable yield (MSY) and the optimum yield (OY) for weathervane scallops to account for total catch. Amendment 13 also clarifies that, in the absence of a statewide estimate of spawning biomass for weathervane scallops, the overfishing level (OFL) is SUMMARY: E:\FR\FM\06OCR1.SGM 06OCR1

Agencies

[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Rules and Regulations]
[Pages 61995-61996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25936]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 100923469-1543-05]
RIN 0648-BA27


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Emergency Rule Extension, Georges Bank Yellowtail 
Flounder Catch Limit Revisions

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

ACTION: Temporary final rule; emergency action extension and request 
for comments.

-----------------------------------------------------------------------

SUMMARY: This action extends the Georges Bank (GB) yellowtail flounder 
specifications for fishing year (FY) 2011 that were implemented on May 
1, 2011, through emergency authority concurrent with the Framework 
Adjustment (FW) 45 Final Rule under the Northeast (NE) Multispecies 
Fishery Management Plan (FMP), which is scheduled to expire on October 
24, 2011. Specifically, this temporary rule maintains the current 
Acceptable Biological Catch (ABC) and Annual Catch Limit (ACL) for GB 
yellowtail flounder for an additional 186 days, i.e., through the end 
of fishing

[[Page 61996]]

year (FY) 2010 (May 1, 2011 through April 30, 2012).

DATES: The effective date of the GB yellowtail flounder specifications 
in the final rule published April 25, 2011 (76 FR 23042) is extended 
through April 30, 2012. Comments are accepted through November 7, 2011.

ADDRESSES: You may submit comments, identified by FDMS Docket Number 
NOAA-NMFS-2011-0237, by any one of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal e-rulemaking portal: https://www.regulations.gov. To submit comments via the e-Rulemaking Portal, 
first click the ``submit a comment'' icon, then enter [NOAA-NMFS-2011-
0237] in the keyword search. Locate the document you wish to comment on 
from the resulting list and click on the ``Submit a Comment'' icon on 
the right of that line.
     Mail: Paper, disk, or CD-ROM comments should be sent to 
Patricia A. Kurkul, Regional Administrator, National Marine Fisheries 
Service, 55 Great Republic Drive, Gloucester, MA 01930-2276. Mark the 
outside of the envelope: ``Comments on NE Multispecies GB Yellowtail 
Flounder Specifications Emergency Rule Extension.''
     Fax: (978) 281-9135.
    Instructions: Comments must be submitted by one of the above 
methods to ensure that the comments are received, documented, and 
considered by NMFS. Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered. All comments received are part of the public 
record and will generally be posted to https://www.regulations.gov 
without change. All Personal Identifying Information (for example, 
name, address, etc.) voluntarily submitted by the commenter may be 
publicly accessible. Do not submit confidential business information or 
otherwise sensitive or protected information.
    We will accept anonymous comments (enter ``N/A'' in the required 
fields, if you wish to remain anonymous). Attachments to electronic 
comments will be accepted in Microsoft Word, Excel, WordPerfect, or 
Adobe PDF formats only.
    Copies of the small entity compliance guide are available from the 
Regional Administrator, NMFS, Northeast Regional Office, at the address 
above. Copies of the Environmental Assessment (EA) prepared for this 
rule may be found at the following Internet address: https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Thomas A. Warren, Fishery Policy 
Analyst, (978) 281-9347, fax (978) 281-9135.

SUPPLEMENTARY INFORMATION:

Background

    This temporary final rule extends the revised GB yellowtail 
flounder catch limits implemented through emergency authority as 
published in the FW 45 final rule on April 25, 2011 (76 FR 23042) in 
order to maintain those measures through the end of FY 2010 (April 30, 
2012). The April 25, 2011 final rule included detailed information on 
the background and reasons for the need to revise the GB yellowtail 
flounder catch limits from those originally proposed in the FW 45 
proposed rule (76 FR 11858; March 3, 2011). The public had an 
opportunity to comment on the April 25, 2011 emergency measures, but no 
comments were submitted. We will again accept public comment on both 
the appropriateness of the emergency action to date, and its extension.
    The emergency specifications extended through this final rule are 
the revised GB yellowtail flounder catch limits for FY 2011, as 
follows: A U.S. ABC of 1,458 mt; a total ACL of 1,416 mt; a groundfish 
sub-ACL of 1,142 mt; a scallop fishery sub-ACL of 200.8 mt; and an 
Other ACL sub-component of 73 mt. The initial emergency action modified 
GB yellowtail flounder catch limits from those originally proposed as a 
result of the passage of new legislation (International Fisheries 
Agreement Clarification Act).
    Although the FW 45 final rule contained preliminary information 
regarding the more specific components of the groundfish sub-ACL (the 
division of the groundfish sub-ACL between sectors and the common pool 
and the Incidental Catch Total Allowable Catches for common pool 
vessels), it did not implement the final specification of these 
components (and this rule does not need to address those aspects of the 
FMP). The components of the GB yellowtail flounder groundfish sub-ACL 
are specified in the final rule that adjusted the FY 2011 groundfish 
sub-ACL components for all stocks (76 FR 34903; June 15, 2011).
    No comments were received on the initial emergency rule.

Classification

    We have determined that the emergency specifications extended by 
this temporary final rule are necessary and are consistent with the 
Magnuson-Stevens Fishery Conservation and Management Act and other 
applicable law.
    The interim rule that this rule extends was determined to be not 
significant for purposes of E.O. 12866.
    This rule is exempt from the procedures of the Regulatory 
Flexibility Act to prepare a regulatory flexibility analysis because 
the rule is issued without opportunity for prior public comment.
    The supplemental Environmental Assessment (EA) prepared for the 
initial emergency action analyzed the impacts of the emergency 
specifications for the duration of a year (Supplemental EA, Revised 
Georges Bank Yellowtail Flounder Catch Limits for Fishing Year 2011; 
April 13, 2011). Therefore, the impacts of this emergency action 
extension have been analyzed, and are within the scope of the Finding 
of No Significant Impact.

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

    Dated: October 3, 2011.
Eric C. Schwaab,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2011-25936 Filed 10-5-11; 8:45 am]
BILLING CODE 3510-22-P

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