Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic, 3636-3637 [2012-1565]

Download as PDF 3636 Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Rules and Regulations DEPARTMENT OF DEFENSE DEPARTMENT OF COMMERCE GENERAL SERVICES ADMINISTRATION National Oceanic and Atmospheric Administration NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 50 CFR Part 622 48 CFR Part 16 RIN 0648–XA944 [Correction; FAC 2005–55; FAR Case 2005– 037; Item III; Docket 2006–0020, Sequence 26] Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic RIN 9000–AK55 AGENCY: [Docket No. 001005281–0369–02] Federal Acquisition Regulation; BrandName Specifications; Correction Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Correction. AGENCY: This document contains a correction to the final rule that was published in the Federal Register at 77 FR 194 on January 3, 2012. DATES: Effective Date: February 2, 2012. FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, at 1275 First Street NE., Washington, DC 20417, or (202) 501–4755, for information pertaining to status or publication schedules. Please cite FAC 2005–55, FAR Case 2005–037; Correction. SUPPLEMENTARY INFORMATION: SUMMARY: Background DoD, GSA, and NASA have adopted as final, with changes, the interim rule amending the Federal Acquisition Regulation (FAR) to implement the Office of Management and Budget memoranda on brand-name specifications, FAR Case 2005–037, Brand-Name Specifications, which published in the Federal Register at 77 FR 189 on January 3, 2012. Correction sroberts on DSK4TPTVN1PROD with RULES In the final rule document appearing at 77 FR 189 on January 3, 2012, on page 194, first column, amendatory instruction 9.b., for FAR section 16.505, is corrected to read as follows: ‘‘b. Redesignating paragraphs (a)(4) through (a)(11) as paragraphs (a)(5) through (a)(12), respectively; and’’ Dated: January 18, 2012. Laura Auletta, Director, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2012–1438 Filed 1–24–12; 8:45 am] BILLING CODE 6820–EP–P VerDate Mar<15>2010 21:03 Jan 24, 2012 Jkt 226001 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. NMFS closes the southern Florida west coast subzone in the exclusive economic zone (EEZ) to commercial king mackerel fishing using run-around gillnets. This closure is necessary to protect the Gulf king mackerel resource. DATES: The closure is effective 6 a.m., local time, January 21, 2012, through 6 a.m., local time, January 21, 2013. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: (727) 824– 5305, email: Susan.Gerhart@noaa.gov. SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic fish (king mackerel, Spanish mackerel, and cobia) 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. On April 27, 2000, NMFS implemented the final rule (65 FR 16336, March 28, 2000) that divided the Florida west coast subzone of the eastern zone into northern and southern subzones, and established their separate quotas. Based on the Councils’ recommended total allowable catch and the allocation ratios in the FMP, on April 30, 2001 (66 FR 17368, March 30, 2001), NMFS implemented a commercial quota of 2.25 million lb (1.02 million kg) for the eastern zone (Florida) of the Gulf migratory group of king mackerel. That quota is further divided into separate quotas for the Florida east coast subzone and the northern and southern Florida west coast subzones. The quota implemented for the southern Florida west coast SUMMARY: PO 00000 Frm 00078 Fmt 4700 Sfmt 4700 subzone is 1,040,625 lb (472,020 kg). That quota is further divided into two equal quotas of 520,312 lb (236,010 kg) for vessels in each of two groups fishing with run-around gillnets and hook-andline gear (50 CFR 622.42(c)(1)(i)(A)(2)(i)). The southern subzone is that part of the Florida west coast subzone, which from November 1 through March 31, extends south and east from 26°19.8″ N. lat. (a line directly west from the Lee/ Collier County, FL, boundary) to 25°20.4″ N. lat. (a line directly east from the Monroe/Miami-Dade County, FL, boundary), i.e., the area off Collier and Monroe Counties. From April 1 through October 31, the southern subzone is that part of the Florida west coast subzone which is between 26°19.8″ N. lat. (a line directly west from the Lee/Collier County, FL, boundary) and 25°48′ N. lat. (a line directly west from the Collier/ Monroe County, FL, boundary), i.e., the area off Collier County (50 CFR 622.42(c)(1)(i)(A)(3)). 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 that the commercial quota of 520,312 lb (236,010 kg) for Gulf group king mackerel for vessels using run-around gillnet gear in the southern Florida west coast subzone will be reached on January 20, 2012. Accordingly, commercial fishing for such vessels in the southern Florida west coast subzone is closed at 6 a.m., local time, January 21, 2012, through 6 a.m., local time, January 21, 2013, the beginning of the next fishing season, i.e., the day after the 2013 Martin Luther King Jr. Federal holiday. 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 fishery 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). 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. Providing prior notice and opportunity for public comment on this E:\FR\FM\25JAR1.SGM 25JAR1 Federal Register / Vol. 77, No. 16 / Wednesday, January 25, 2012 / Rules and Regulations 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. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in effectiveness 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: January 20, 2012. Steven Thur, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–1565 Filed 1–20–12; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 110210132–1275–02] RIN 0648–XA948 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS closes the General category fishery for large medium and giant Atlantic bluefin tuna (BFT) until the General category reopens on June 1, 2012. This action is being taken to prevent overharvest of the General category January BFT subquota. DATES: Effective 11:30 p.m., local time, January 22, 2012, through May 31, 2012. FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, (978) 281–9260. SUPPLEMENTARY INFORMATION: Regulations implemented under the authority of the Atlantic Tunas Convention Act (16 U.S.C. 971 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section 635.27 subdivides the U.S. sroberts on DSK4TPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 21:03 Jan 24, 2012 Jkt 226001 BFT quota recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT) among the various domestic fishing categories, consistent with the allocations established in the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan (Consolidated HMS FMP) (71 FR 58058, October 2, 2006) and subsequent rulemaking. NMFS is required, under § 635.28(a)(1), to file a closure notice with the Office of the Federal Register for publication when a BFT quota is reached or is projected to be reached. On and after the effective date and time of such notification, for the remainder of the fishing year, or for a specified period as indicated in the notification, fishing for, retaining, possessing, or landing BFT under that quota category is prohibited until the opening of the subsequent quota period or until such date as specified in the notice. The current General category baseline quota is 435.1 mt, with 23.1 mt allocated for the January time period. On November 30, 2011, NMFS published a final rule to address adjustments to the General and Harpoon category regulations. Among other actions, this final rule allowed the General category BFT season to remain open until the January subquota is reached or March 31 (whichever happens first). Based on the best available BFT landings information for the General category BFT fishery (i.e., 17 mt of the available 23.1 mt landed as of January 17, 2012), NMFS has determined that the General category January subquota will be reached by January 22, 2012. Therefore, through May 31, 2012, fishing for, retaining, possessing, or landing large medium or giant BFT by persons aboard vessels permitted in the Atlantic Tunas General and HMS Charter/Headboat categories (while fishing commercially) must cease at 11:30 p.m. local time on January 22, 2012. The General category will reopen automatically on June 1, 2012, for the June through August subperiod. This action is taken consistent with the regulations at §§ 635.27(a)(1)(iii) and 635.28(a)(1). The intent of this closure is to prevent overharvest of the General category January BFT subquota. Limited catch and release fishing may continue subject to the requirements of the catch-and-release and tag-andrelease programs. Fishermen may catch and release (or tag and release) BFT of all sizes, subject to the requirements of the catch-and-release and tag-andrelease programs at § 635.26. Fishermen are also reminded that all BFT that are PO 00000 Frm 00079 Fmt 4700 Sfmt 4700 3637 released must be handled in a manner that will maximize survivability, and without removing the fish from the water, consistent with requirements at § 635.21(a)(1). For additional information on safe handling, see the Careful Catch and Release brochure available at www.nmfs.noaa.gov/sfa/ hms/. If needed, subsequent General category adjustments will be published in the Federal Register. In addition, fishermen may call the Atlantic Tunas Information Line at (888) 872–8862 or (978) 281–9260, or access www.hmspermits.gov, for updates. Classification The Assistant Administrator for NMFS (AA) finds that it is impracticable and contrary to the public interest to provide prior notice of, and an opportunity for public comment on, this action for the following reasons: The regulations implementing the Consolidated HMS FMP provide for inseason retention limit adjustments to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. The closure of the General category January BFT fishery is necessary to prevent overharvest of the General category January BFT subquota. NMFS provides notification of closures by publishing the notice in the Federal Register, emailing individuals who have subscribed to the Atlantic HMS News electronic newsletter, and updating the information posted on the Atlantic Tunas Information Line and on www.hmspermits.gov. These fisheries are currently underway and delaying this action would be contrary to the public interest as it could result in excessive BFT landings that may result in future potential quota reductions for the General category. NMFS must close the General category January BFT fishery before landings of large medium and giant BFT exceed the available subquota. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment. For all of the above reasons, there is good cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness. This action is being taken under §§ 635.27(a)(1)(iii) and 635.28(a)(1), and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. E:\FR\FM\25JAR1.SGM 25JAR1

Agencies

[Federal Register Volume 77, Number 16 (Wednesday, January 25, 2012)]
[Rules and Regulations]
[Pages 3636-3637]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1565]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XA944


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South 
Atlantic

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 southern Florida west coast subzone in the 
exclusive economic zone (EEZ) to commercial king mackerel fishing using 
run-around gillnets. This closure is necessary to protect the Gulf king 
mackerel resource.

DATES: The closure is effective 6 a.m., local time, January 21, 2012, 
through 6 a.m., local time, January 21, 2013.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: (727) 824-
5305, email: Susan.Gerhart@noaa.gov.

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish (king mackerel, Spanish mackerel, and cobia) 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.
    On April 27, 2000, NMFS implemented the final rule (65 FR 16336, 
March 28, 2000) that divided the Florida west coast subzone of the 
eastern zone into northern and southern subzones, and established their 
separate quotas. Based on the Councils' recommended total allowable 
catch and the allocation ratios in the FMP, on April 30, 2001 (66 FR 
17368, March 30, 2001), NMFS implemented a commercial quota of 2.25 
million lb (1.02 million kg) for the eastern zone (Florida) of the Gulf 
migratory group of king mackerel. That quota is further divided into 
separate quotas for the Florida east coast subzone and the northern and 
southern Florida west coast subzones. The quota implemented for the 
southern Florida west coast subzone is 1,040,625 lb (472,020 kg). That 
quota is further divided into two equal quotas of 520,312 lb (236,010 
kg) for vessels in each of two groups fishing with run-around gillnets 
and hook-and-line gear (50 CFR 622.42(c)(1)(i)(A)(2)(i)).
    The southern subzone is that part of the Florida west coast 
subzone, which from November 1 through March 31, extends south and east 
from 26[deg]19.8'' N. lat. (a line directly west from the Lee/Collier 
County, FL, boundary) to 25[deg]20.4'' N. lat. (a line directly east 
from the Monroe/Miami-Dade County, FL, boundary), i.e., the area off 
Collier and Monroe Counties. From April 1 through October 31, the 
southern subzone is that part of the Florida west coast subzone which 
is between 26[deg]19.8'' N. lat. (a line directly west from the Lee/
Collier County, FL, boundary) and 25[deg]48' N. lat. (a line directly 
west from the Collier/Monroe County, FL, boundary), i.e., the area off 
Collier County (50 CFR 622.42(c)(1)(i)(A)(3)).
    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 that the commercial quota of 
520,312 lb (236,010 kg) for Gulf group king mackerel for vessels using 
run-around gillnet gear in the southern Florida west coast subzone will 
be reached on January 20, 2012. Accordingly, commercial fishing for 
such vessels in the southern Florida west coast subzone is closed at 6 
a.m., local time, January 21, 2012, through 6 a.m., local time, January 
21, 2013, the beginning of the next fishing season, i.e., the day after 
the 2013 Martin Luther King Jr. Federal holiday.

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 fishery 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). 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.
    Providing prior notice and opportunity for public comment on this

[[Page 3637]]

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.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in effectiveness 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: January 20, 2012.
Steven Thur,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-1565 Filed 1-20-12; 4:15 pm]
BILLING CODE 3510-22-P