Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Closure, 11411-11412 [2012-4500]

Download as PDF Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Rules and Regulations with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. NTTAA directs EPA to provide Congress, through OMB, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This final rule does not involve technical standards. Therefore, EPA did not consider the use of any voluntary consensus standards. wreier-aviles on DSK5TPTVN1PROD with RULES J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. EPA has determined that this final rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it increases the level of environmental protection for all affected populations without having any disproportionately high and adverse human health or environmental effects on any population, including any minority or low-income population. The final rule will further regulate and reduce pollutants from sewage in California marine waters thus reducing the risk of exposure to all populations, including those covered under this Executive order. K. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United VerDate Mar<15>2010 14:41 Feb 24, 2012 Jkt 226001 States prior to publication of the rule in the Federal Register. A Major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This rule will be effective March 28, 2012. Lists of Subjects in 40 CFR Part 140 Environmental protection, Sewage disposal, Vessels. Dated: February 9, 2012. Jared Blumenfeld, Regional Administrator, Region IX. For the reasons stated in the preamble, EPA amends 40 CFR part 140 as follows: PART 140—[AMENDED] 1. The authority citation for part 140 continues to read as follows: ■ Authority: 33 U.S.C. 1322. 2. Section 140.4 is amended by adding paragraph (b)(2) to read as follows: ■ § 140.4 Complete prohibition. * * * * * (b) * * * (2)(i) For the marine waters of the State of California, the following vessels are completely prohibited from discharging any sewage (whether treated or not): (A) A large passenger vessel; (B) A large oceangoing vessel equipped with a holding tank which has not fully used the holding tank’s capacity, or which contains more than de minimis amounts of sewage generated while the vessel was outside of the marine waters of the State of California. (ii) For purposes of paragraph (b)(2) of this section: (A) ‘‘Marine waters of the State of California’’ means the territorial sea measured from the baseline as determined in accordance with the Convention on the Territorial Sea and the Contiguous Zone and extending seaward a distance of three miles, and all enclosed bays and estuaries subject to tidal influences from the Oregon border (41.999325 North Latitude, 124.212110 West Longitude, decimal degrees, NAD 1983) to the Mexican border (32.471231 North Latitude, 117.137814 West Longitude, decimal degrees, NAD 1983). A map illustrating these waters can be obtained from EPA or viewed at https://www.epa.gov/ region9/water/no-discharge/ overview.html. (B) A ‘‘large passenger vessel’’ means a passenger vessel, as defined in section 2101(22) of title 46, United States Code, of 300 gross tons or more, as measured PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 11411 under the International Convention on Tonnage Measurement of Ships, 1969, measurement system in 46 U.S.C. 14302, or the regulatory measurement system of 46 U.S.C. 14502 for vessels not measured under 46 U.S.C. 14302, that has berths or overnight accommodations for passengers. (C) A ‘‘large oceangoing vessel’’ means a private, commercial, government, or military vessel of 300 gross tons or more, as measured under the International Convention on Tonnage Measurement of Ships, 1969, measurement system in 46 U.S.C. 14302, or the regulatory measurement system of 46 U.S.C. 14502 for vessels not measured under 46 U.S.C.14302, that is not a large passenger vessel. (D) A ‘‘holding tank’’ means a tank specifically designed, constructed, and fitted for the retention of treated or untreated sewage, that has been designated and approved by the ship’s flag Administration on the ship’s stability plan; a designated ballast tank is not a holding tank for this purpose. * * * * * [FR Doc. 2012–4469 Filed 2–24–12; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 001005281–0369–02] RIN 0648–XB031 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 hook-andline component of the commercial sector of the coastal migratory pelagic fishery for king mackerel in the southern Florida west coast subzone. This closure is necessary to protect the Gulf king mackerel resource. DATES: This rule is effective 12:01 a.m., local time, February 26, 2012, through June 30, 2012. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone 727–824– 5305, email susan.gerhart@noaa.gov. SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic fish SUMMARY: E:\FR\FM\27FER1.SGM 27FER1 wreier-aviles on DSK5TPTVN1PROD with RULES 11412 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Rules and Regulations (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. The quota for the hook-and-line component in the southern Florida west coast subzone is 520,312 lb (236,010 kg). Under 50 CFR 622.43(a), 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 for Gulf group king mackerel in the southern Florida west coast subzone will be reached by February 26, 2012. Accordingly, the commercial sector for Gulf group king mackerel in the southern subzone is closed effective 12:01 a.m., local time, February 26, 2012, through June 30, 2012, the end of the fishing year. From November 1 through March 31, the southern subzone is that part of the Florida west coast subzone off Collier and Monroe Counties, Florida. This is the area south and west from 25°20.4′ N. lat. (a line directly east from the MiamiDade/Monroe County boundary on the east coast of Florida) to 26°19.8′ N. lat. (a line directly west from the Lee/Collier County boundary on the west coast of Florida). Beginning April 1, the southern subzone is reduced to the area off Collier County, Florida, between 25°48′ N. lat. and 26°19.8′ N. lat. During the closure period, 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 Federal waters of the closed subzone. There is one exception, however, for a person aboard a charter vessel or headboat. A person aboard a vessel that has a valid charter/headboat permit and also has a commercial king mackerel permit for coastal migratory pelagic fish may continue to retain king mackerel in or from the closed subzone under the 2-fish daily bag limit, provided the vessel is operating as a charter vessel or headboat. Charter vessels or headboats that hold a VerDate Mar<15>2010 14:41 Feb 24, 2012 Jkt 226001 commercial king mackerel permit are considered to be operating as a charter vessel or headboat when they carry a passenger who pays a fee or when more than three persons are aboard, including operator and crew. DEPARTMENT OF COMMERCE Classification [Docket No. 101126522–0640–2] 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 implement this action to close this component of 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), as such procedures would be unnecessary and contrary to the public interest. Such procedures would be unnecessary because the rule itself already 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 effectiveness of the 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: February 22, 2012. James P. Burgess, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–4500 Filed 2–22–12; 4:15 pm] BILLING CODE 3510–22–P PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 National Oceanic and Atmospheric Administration 50 CFR Part 679 RIN 0648–XB035 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher Vessels Using Trawl Gear in the Western Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for Pacific cod by catcher vessels (CVs) using trawl gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2012 Pacific cod total allowable catch apportioned to CVs using trawl gear in the Western Regulatory Area of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), February 22, 2012, through 1200 hrs, A.l.t., September 1, 2012. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. Regulations governing sideboard protections for GOA groundfish fisheries appear at subpart B of 50 CFR part 680. The A season allowance of the 2012 Pacific cod total allowable catch (TAC) apportioned to CVs using trawl gear in the Western Regulatory Area of the GOA is 5,736 metric tons (mt), as established by the final 2011 and 2012 harvest specifications for groundfish of the GOA (76 FR 11111, March 1, 2011), revision to the final 2012 harvest specifications for Pacific cod (76 FR 81860, December 29, 2011), and inseason adjustment to the final 2012 harvest specifications for Pacific cod (77 FR 438, January 5, 2012). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, SUMMARY: E:\FR\FM\27FER1.SGM 27FER1

Agencies

[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Rules and Regulations]
[Pages 11411-11412]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4500]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001005281-0369-02]
RIN 0648-XB031


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.

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

SUMMARY: NMFS closes the hook-and-line component of the commercial 
sector of the coastal migratory pelagic fishery for king mackerel in 
the southern Florida west coast subzone. This closure is necessary to 
protect the Gulf king mackerel resource.

DATES: This rule is effective 12:01 a.m., local time, February 26, 
2012, through June 30, 2012.

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

SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic 
fish

[[Page 11412]]

(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. The quota for the hook-and-line component in the 
southern Florida west coast subzone is 520,312 lb (236,010 kg).
    Under 50 CFR 622.43(a), 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 for Gulf 
group king mackerel in the southern Florida west coast subzone will be 
reached by February 26, 2012. Accordingly, the commercial sector for 
Gulf group king mackerel in the southern subzone is closed effective 
12:01 a.m., local time, February 26, 2012, through June 30, 2012, the 
end of the fishing year.
    From November 1 through March 31, the southern subzone is that part 
of the Florida west coast subzone off Collier and Monroe Counties, 
Florida. This is the area south and west from 25[deg]20.4' N. lat. (a 
line directly east from the Miami-Dade/Monroe County boundary on the 
east coast of Florida) to 26[deg]19.8' N. lat. (a line directly west 
from the Lee/Collier County boundary on the west coast of Florida). 
Beginning April 1, the southern subzone is reduced to the area off 
Collier County, Florida, between 25[deg]48' N. lat. and 26[deg]19.8' N. 
lat.
    During the closure period, 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 Federal waters of the closed 
subzone. There is one exception, however, for a person aboard a charter 
vessel or headboat. A person aboard a vessel that has a valid charter/
headboat permit and also has a commercial king mackerel permit for 
coastal migratory pelagic fish may continue to retain king mackerel in 
or from the closed subzone under the 2-fish daily bag limit, provided 
the vessel is operating as a charter vessel or headboat. Charter 
vessels or headboats that hold a commercial king mackerel permit are 
considered to be operating as a charter vessel or headboat when they 
carry a passenger who pays a fee or when more than three persons are 
aboard, including operator and crew.

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 implement this action to 
close this component of 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), as such 
procedures would be unnecessary and contrary to the public interest. 
Such procedures would be unnecessary because the rule itself already 
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 effectiveness of the 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: February 22, 2012.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-4500 Filed 2-22-12; 4:15 pm]
BILLING CODE 3510-22-P
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