Fisheries of the Northeastern United States; Spiny Dogfish Fishery; Commercial Period 2 Quota Harvested, 2022-2023 [2012-496]

Download as PDF 2022 Federal Register / Vol. 77, No. 9 / Friday, January 13, 2012 / Rules and Regulations Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. The Administrator of the Office of Information and Regulatory Affairs has not designated it as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Technical Standards The National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note) directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through the Office of Management and Budget, with an explanation of why using these standards would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices) that are developed or adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. rmajette on DSK2TPTVN1PROD with RULES Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have made a determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded, under figure 2– 1, paragraph (34)(g), of the Instruction. This regulation establishes a temporary security zone. A final ‘‘Environmental Analysis Checklist’’ and a final ‘‘Categorical Exclusion Determination’’ are available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. VerDate Mar<15>2010 13:31 Jan 12, 2012 Jkt 226001 List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T14–1159 to read as follows: ■ § 165.T14–1159 Security Zone; Passenger Vessel SAFARI EXPLORER Arrival/ Departure, Kaunakakai Harbor, Molokai, Hawaii. (a) Location. All waters, from the surface to the sea floor, and land encompassed within a rectangle-like shape bounded by the following coordinates: North of the Young Brothers Facility at 21°05′08″ N, 157°01′41″ W; then Southeast at a bearing of 125° for 770 yards to 21°04′55″ N, 157°01′21″ W; then southwest at a bearing of 226° for 1,360 yards to 21°04′27″ N, 157°01′52″ W; then northwest at a bearing of 306° for 580 yards to 21°04′27″ N, 157°01′52″ W; then northeast at a bearing of 038° for 1,375 yards back to the starting point. (b) Definitions. As used in this section, designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port Honolulu to assist in enforcing the security zones described in paragraph (a) of this section. (c) Regulations. The general security zone found in 33 CFR part 165, subpart D, apply to the security zones created by this temporary section. (1) All persons are required to comply with the general regulations governing security zones found in 33 CFR 165.33. (2) Entry into or remaining in the security zone described in paragraph (a) of this section is prohibited unless authorized by the Coast Guard Captain of the Port Honolulu zone or her designated representatives. (3) Persons desiring to transit the area of the security zone may contact the onscene patrol commander on VHF channel 16 (156.800 MHz) or VHF channel 13 (156.650 MHz), or the Captain of the Port Honolulu at PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 telephone number 1–(808) 842–2600. If permission is granted to enter the security zone, all persons and vessels must comply with the instructions of the Captain of the Port or her designated representatives. (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the zones by Federal, State, and local agencies. (e) Enforcement period. The security zone described in paragraph (a) of this section will be activated for enforcement 60 minutes before the SAFARI EXPLORER’s intended transit into the Kaunakakai Harbor Channel and will remain subject to enforcement until 10 minutes after the SAFARI EXPLORER is safely moored in the harbor. The security zone may also be activated for enforcement 60 minutes before the SAFARI EXPLORER’s intended transit until after the SAFARI EXPLORER has safely departed from the security zone. Notice of the zone’s activation will be provided by broadcast notice to mariners and the display of a red flag at the Kaunakakai Harbor Master’s building. Dated: December 21, 2011. J. M. Nunan, Captain, U.S. Coast Guard, Captain of the Port Honolulu. [FR Doc. 2012–549 Filed 1–12–12; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 110303179–1290–02] RIN 0648–XA926 Fisheries of the Northeastern United States; Spiny Dogfish Fishery; Commercial Period 2 Quota Harvested National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure of spiny dogfish fishery. AGENCY: NMFS announces that the spiny dogfish commercial quota available to the coastal states from Maine through Florida for the second semi-annual quota period, November 1, 2011–April 30, 2012, has been harvested. Therefore, effective 0001 hours, January 13, 2012, federally permitted spiny dogfish vessels may not fish for, possess, transfer, or land spiny dogfish until May 1, 2012, when the SUMMARY: E:\FR\FM\13JAR1.SGM 13JAR1 Federal Register / Vol. 77, No. 9 / Friday, January 13, 2012 / Rules and Regulations 2012 spiny dogfish fishing year begins. Regulations governing the spiny dogfish fishery require publication of this notification to advise the coastal states from Maine through Florida that the quota has been harvested and to advise vessel permit holders and dealer permit holders that no Federal commercial quota is available for landing spiny dogfish in these states. This action is necessary to prevent the fishery from exceeding its Period 2 quota and to allow for effective management of this stock. Effective at 0001 hr local time, January 13, 2012, through 2400 hr local time April 30, 2012. FOR FURTHER INFORMATION CONTACT: Carly Bari, (978) 281–9224, or Carly.Bari@noaa.gov. DATES: rmajette on DSK2TPTVN1PROD with RULES SUPPLEMENTARY INFORMATION: Regulations governing the spiny dogfish fishery are found at 50 CFR part 648, subpart L. The regulations require annual specification of a commercial quota, which is allocated into two quota periods based upon percentages specified in the fishery management plan. The fishery is managed from Maine through Florida, as described in § 648.230. The initial total commercial quota for spiny dogfish for the 2011 fishing year is 20 million lb (9,071.85 mt) (76 FR 32874, June 7, 2011). The commercial quota is allocated into two periods (May 1 through October 31, and November 1 through April 30). Vessel possession limits are set at 3,000 lb (1.36 mt) per trip for both Quota Period 1 and 2. Quota Period 1 is allocated 11,580,000 VerDate Mar<15>2010 13:31 Jan 12, 2012 Jkt 226001 lb (5,252.6 mt), and Quota Period 2 is allocated 8,420,000 lb (3,819.25 mt) of the commercial quota. The total quota cannot be exceeded, so landings in excess of the amount allocated to Period 1 have the effect of reducing the quota available to the fishery during Period 2. The Administrator, Northeast Region, NMFS (Regional Administrator), monitors the commercial spiny dogfish quota for each quota period and, based upon dealer reports, state data, and other available information, determines when the total commercial quota will be harvested. NMFS is required to publish notification in the Federal Register advising and notifying commercial vessels and dealer permit holders that, effective upon a specific date, the Federal spiny dogfish commercial quota has been harvested and no Federal commercial quota is available for landing spiny dogfish for the remainder of that quota period. Section 648.4(b) provides that Federal spiny dogfish permit holders agree, as a condition of the permit, not to land spiny dogfish in any state after NMFS has published notification in the Federal Register that the commercial quota has been harvested and that no commercial quota for the spiny dogfish fishery is available. Therefore, effective 0001 hr local time, January 13, 2012, landings of spiny dogfish in coastal states from Maine through Florida by vessels holding commercial Federal fisheries permits will be prohibited through 2400 hr local time, April 30, 2012. The 2012 Period 1 quota will be available for commercial spiny dogfish harvest on May 1, 2012. Effective PO 00000 Frm 00013 Fmt 4700 Sfmt 9990 2023 January 13, 2012, federally permitted dealers are also advised that they may not purchase spiny dogfish from vessels issued Federal spiny dogfish permits that land in coastal states from Maine through Florida. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be contrary to the public interest. This action closes the spiny dogfish fishery until May 1, 2012, under current regulations. The regulations at § 648.231 require such action to ensure that the spiny dogfish 2011 Period 2 quota is not exceeded. Data indicating the spiny dogfish fleet will have landed the 2011 Period 2 quota have only recently become available. If implementation of this closure is delayed to solicit prior public comment, the quota for Period 2 will be exceeded, thereby undermining the conservation objectives of the FMP. The AA further finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive the 30-day delayed effectiveness period for the reasons stated above. Authority: 16 U.S.C. 1801 et seq. Dated: January 9, 2012. Steven Thur, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–496 Filed 1–9–12; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\13JAR1.SGM 13JAR1

Agencies

[Federal Register Volume 77, Number 9 (Friday, January 13, 2012)]
[Rules and Regulations]
[Pages 2022-2023]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-496]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 110303179-1290-02]
RIN 0648-XA926


Fisheries of the Northeastern United States; Spiny Dogfish 
Fishery; Commercial Period 2 Quota Harvested

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

ACTION: Temporary rule; closure of spiny dogfish fishery.

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SUMMARY: NMFS announces that the spiny dogfish commercial quota 
available to the coastal states from Maine through Florida for the 
second semi-annual quota period, November 1, 2011-April 30, 2012, has 
been harvested. Therefore, effective 0001 hours, January 13, 2012, 
federally permitted spiny dogfish vessels may not fish for, possess, 
transfer, or land spiny dogfish until May 1, 2012, when the

[[Page 2023]]

2012 spiny dogfish fishing year begins. Regulations governing the spiny 
dogfish fishery require publication of this notification to advise the 
coastal states from Maine through Florida that the quota has been 
harvested and to advise vessel permit holders and dealer permit holders 
that no Federal commercial quota is available for landing spiny dogfish 
in these states. This action is necessary to prevent the fishery from 
exceeding its Period 2 quota and to allow for effective management of 
this stock.

DATES: Effective at 0001 hr local time, January 13, 2012, through 2400 
hr local time April 30, 2012.

FOR FURTHER INFORMATION CONTACT: Carly Bari, (978) 281-9224, or 
Carly.Bari@noaa.gov.

SUPPLEMENTARY INFORMATION: Regulations governing the spiny dogfish 
fishery are found at 50 CFR part 648, subpart L. The regulations 
require annual specification of a commercial quota, which is allocated 
into two quota periods based upon percentages specified in the fishery 
management plan. The fishery is managed from Maine through Florida, as 
described in Sec.  648.230.
    The initial total commercial quota for spiny dogfish for the 2011 
fishing year is 20 million lb (9,071.85 mt) (76 FR 32874, June 7, 
2011). The commercial quota is allocated into two periods (May 1 
through October 31, and November 1 through April 30). Vessel possession 
limits are set at 3,000 lb (1.36 mt) per trip for both Quota Period 1 
and 2. Quota Period 1 is allocated 11,580,000 lb (5,252.6 mt), and 
Quota Period 2 is allocated 8,420,000 lb (3,819.25 mt) of the 
commercial quota. The total quota cannot be exceeded, so landings in 
excess of the amount allocated to Period 1 have the effect of reducing 
the quota available to the fishery during Period 2.
    The Administrator, Northeast Region, NMFS (Regional Administrator), 
monitors the commercial spiny dogfish quota for each quota period and, 
based upon dealer reports, state data, and other available information, 
determines when the total commercial quota will be harvested. NMFS is 
required to publish notification in the Federal Register advising and 
notifying commercial vessels and dealer permit holders that, effective 
upon a specific date, the Federal spiny dogfish commercial quota has 
been harvested and no Federal commercial quota is available for landing 
spiny dogfish for the remainder of that quota period.
    Section 648.4(b) provides that Federal spiny dogfish permit holders 
agree, as a condition of the permit, not to land spiny dogfish in any 
state after NMFS has published notification in the Federal Register 
that the commercial quota has been harvested and that no commercial 
quota for the spiny dogfish fishery is available. Therefore, effective 
0001 hr local time, January 13, 2012, landings of spiny dogfish in 
coastal states from Maine through Florida by vessels holding commercial 
Federal fisheries permits will be prohibited through 2400 hr local 
time, April 30, 2012. The 2012 Period 1 quota will be available for 
commercial spiny dogfish harvest on May 1, 2012. Effective January 13, 
2012, federally permitted dealers are also advised that they may not 
purchase spiny dogfish from vessels issued Federal spiny dogfish 
permits that land in coastal states from Maine through Florida.

Classification

    This action is required by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA (AA), finds good 
cause pursuant to 5 U.S.C. 553(b)(B) to waive prior notice and the 
opportunity for public comment because it would be contrary to the 
public interest. This action closes the spiny dogfish fishery until May 
1, 2012, under current regulations. The regulations at Sec.  648.231 
require such action to ensure that the spiny dogfish 2011 Period 2 
quota is not exceeded. Data indicating the spiny dogfish fleet will 
have landed the 2011 Period 2 quota have only recently become 
available. If implementation of this closure is delayed to solicit 
prior public comment, the quota for Period 2 will be exceeded, thereby 
undermining the conservation objectives of the FMP. The AA further 
finds, pursuant to 5 U.S.C. 553(d)(3), good cause to waive the 30-day 
delayed effectiveness period for the reasons stated above.

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

    Dated: January 9, 2012.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-496 Filed 1-9-12; 4:15 pm]
BILLING CODE 3510-22-P