Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2012 Commercial Accountability Measure and Closure for South Atlantic Gag and South Atlantic Shallow-Water Grouper, 62463-62464 [2012-25262]

Download as PDF 62463 Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Rules and Regulations (3) Frequencies. PUBLIC SAFETY POOL FREQUENCY TABLE Frequency or band Class of station(s) Limitations * * * * * 758 to 775 ................................................................. Base, mobile ............................................................. 788 to 805 ................................................................. Mobile ....................................................................... * * * (d) * * * (77) Subpart R of this part contains rules for assignment of channels in the 758–775 MHz and 788–805 MHz bands. * * * * * Subpart R—Regulations Governing the Licensing and Use of Frequencies in the 758–775 and 788–805 MHz Bands 13. Revise the subpart heading to subpart R to read as set forth above. ■ 14. Section 90.521 is amended by revising the first sentence to read as follows: * * application for the renewal of such license. Such renewal application shall demonstrate that, during the preceding license term, the First Responder Network Authority has met the duties and obligations set forth under the foregoing Act. A renewal license shall be for a term not to exceed ten years. Subpart AA [Removed] 18. Remove subpart AA, consisting of §§ 90.1401 through 90.1440. ■ [Docket No. 0907271173–0629–03] [Removed] National Oceanic and Atmospheric Administration 50 CFR Part 622 RIN 0648–XC135 15. Remove § 90.528. ■ 16. Section 90.531 is amended by revising the introductory text and paragraph (g) to read as follows: ■ Band plan. This section sets forth the band plan for the 758–775 MHz and 788–805 MHz public safety bands. * * * * * (g) Broadband. The 758–768 MHz and 788–798 MHz bands are allocated for broadband communications. ■ 17. Add § 90.532 to read as follows: § 90.532 Licensing of the 758–769 MHz and 788–799 MHz Bands. erowe on DSK2VPTVN1PROD with SASWG, SASWG will not reopen until May 1, 2013. In the South Atlantic, SASWG means gag, black grouper, red grouper, scamp, red hind, rock hind, yellowmouth grouper, yellowfin grouper, graysby, and coney. This action is necessary to reduce overfishing of the South Atlantic gag and other SASWG resources. This rule is effective 12:01 a.m., local time, October 20, 2012, until 12:01 a.m., local time, January 1, 2013. Catherine Hayslip, telephone: 727–824– 5305, email: Catherine.Hayslip@noaa.gov. § 90.528 Pursuant to Section 6201 of the Middle Class Tax Relief and Job Creation Act of 2012, Public Law 112– 96, 126 Stat. 156 (2012), a nationwide license for use of the 758–769 MHz and 788–799 MHz bands shall be issued to the First Responder Network Authority for a initial license term of ten years from the date of the initial issuance of the license. Prior to expiration of the term of such initial license, the First Responder Network Authority shall submit to the Commission an Jkt 229001 * FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE 15:18 Oct 12, 2012 * PX PX BILLING CODE 6712–01–P Scope. VerDate Mar<15>2010 * 77 77 [FR Doc. 2012–25235 Filed 10–11–12; 11:15 am] This subpart sets forth the regulations governing the licensing and operations of all systems operating in the 758–775 MHz and 788–805 MHz frequency bands. * * * * * * * * § 90.531 * DATES: ■ § 90.521 Coordinator Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2012 Commercial Accountability Measure and Closure for South Atlantic Gag and South Atlantic Shallow-Water Grouper National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS implements accountability measures (AMs) for the commercial sector for gag in the exclusive economic zone (EEZ) of the South Atlantic. Commercial landings for gag, as estimated by the Science Research Director, are projected to reach the commercial annual catch limit (ACL) on October 20, 2012. Therefore, NMFS closes the commercial sector for gag and all other South Atlantic Shallow-Water Grouper (SASWG) on October 20, 2012 for the remainder of the 2012 fishing year, through December 31, 2012. Because there is a January through April seasonal closure for SUMMARY: PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 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). Gag in the South Atlantic are managed under this 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 ACL (commercial quota) for gag in the South Atlantic is 352,940 lb (160,091 kg), gutted weight, for the current fishing year, as specified in 50 CFR 622.42(e)(7). In accordance with regulations at 50 CFR 622.49(b)(3)(i), NMFS is required to close the commercial sector for gag and all other SASWG when the commercial ACL (commercial quota) for gag 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 ACL (commercial quota) for South Atlantic gag will be reached by October 20. Accordingly, the commercial sector for South Atlantic gag and all other SASWG is closed effective 12:01 a.m., local time, October 20, 2012, until 12:01 a.m., local time, January 1, 2013. The recreational sector will continue to remain open until December 31, 2012. SUPPLEMENTARY INFORMATION: E:\FR\FM\15OCR1.SGM 15OCR1 62464 Federal Register / Vol. 77, No. 199 / Monday, October 15, 2012 / Rules and Regulations erowe on DSK2VPTVN1PROD with Additionally, a seasonal closure is in place for the recreational and commercial sectors for gag and all other SASWG from January through April each fishing year as specified in 50 CFR 622.35(j). Therefore, the commercial harvest of gag and all other SASWG will not commence until May 1, 2013. The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper having gag or other SASWG onboard must have landed and bartered, traded, or sold such gag or other SASWG prior to 12:01 a.m., local time, October 20, 2012. During this commercial closure, the bag limit and possession limits specified in 50 CFR 622.39(d)(1) and (d)(2), respectively, apply to all harvest or possession of gag or other SASWG in or from the South Atlantic EEZ, and the sale or purchase of gag or other SASWG taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to the sale or purchase of gag or other SASWG that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, October 20, 2012, 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 snappergrouper fishery has been issued, the sale and purchase provisions of the commercial closure for gag or other SASWG would apply regardless of whether the fish are harvested in state or Federal waters, as specified in 50 CFR 622.43(a)(5)(iii). During the seasonal closure for the recreational and commercial sectors for gag and all other SASWG from January through April each fishing year, no person may fish for, harvest, or possess in or from the South Atlantic EEZ any SASWG. In addition, for a person on board a vessel for which a valid Federal commercial or charter vessel/headboat permit for South Atlantic snappergrouper has been issued, the provisions of this closure apply in the South Atlantic, regardless of where such fish are harvested, i.e., in state or Federal waters as specified in 50 CFR 622.35(j). 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 the commercial sector for gag and other SASWG 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 VerDate Mar<15>2010 15:18 Oct 12, 2012 Jkt 229001 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 gag 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 commercial ACL (commercial 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: October 10, 2012. Emily H. Menashes, Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–25262 Filed 10–10–12; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 111207737–2141–02] RIN 0648–XC288 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Pot Gear in the Central 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 vessels using pot gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2012 Pacific cod total allowable catch apportioned to vessels using pot gear in the Central Regulatory Area of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), October 12, 2012, through 2400 hrs, A.l.t., December 31, 2012. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the SUMMARY: PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 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 2012 Pacific cod total allowable catch (TAC) apportioned to vessels using pot gear in the Central Regulatory Area of the GOA is 11,755 metric tons (mt), as established by the final 2012 and 2013 harvest specifications for groundfish of the GOA (77 FR 15194, March 14, 2012). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator) has determined that the 2012 Pacific cod TAC apportioned to vessels using pot gear in the Central Regulatory Area of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 11,755 mt and is setting aside the remaining 0 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by vessels using pot gear in the Central Regulatory Area of the GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the directed fishing closure of Pacific cod for vessels using pot gear in the Central Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment E:\FR\FM\15OCR1.SGM 15OCR1

Agencies

[Federal Register Volume 77, Number 199 (Monday, October 15, 2012)]
[Rules and Regulations]
[Pages 62463-62464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25262]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 0907271173-0629-03]
RIN 0648-XC135


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2012 Commercial Accountability Measure and Closure for South Atlantic 
Gag and South Atlantic Shallow-Water Grouper

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS implements accountability measures (AMs) for the 
commercial sector for gag in the exclusive economic zone (EEZ) of the 
South Atlantic. Commercial landings for gag, as estimated by the 
Science Research Director, are projected to reach the commercial annual 
catch limit (ACL) on October 20, 2012. Therefore, NMFS closes the 
commercial sector for gag and all other South Atlantic Shallow-Water 
Grouper (SASWG) on October 20, 2012 for the remainder of the 2012 
fishing year, through December 31, 2012. Because there is a January 
through April seasonal closure for SASWG, SASWG will not reopen until 
May 1, 2013. In the South Atlantic, SASWG means gag, black grouper, red 
grouper, scamp, red hind, rock hind, yellowmouth grouper, yellowfin 
grouper, graysby, and coney. This action is necessary to reduce 
overfishing of the South Atlantic gag and other SASWG resources.

DATES: This rule is effective 12:01 a.m., local time, October 20, 2012, 
until 12:01 a.m., local time, January 1, 2013.

FOR FURTHER INFORMATION CONTACT: Catherine Hayslip, telephone: 727-824-
5305, email: Catherine.Hayslip@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). Gag in the South 
Atlantic are managed under this 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 ACL (commercial quota) for gag in the South Atlantic 
is 352,940 lb (160,091 kg), gutted weight, for the current fishing 
year, as specified in 50 CFR 622.42(e)(7).
    In accordance with regulations at 50 CFR 622.49(b)(3)(i), NMFS is 
required to close the commercial sector for gag and all other SASWG 
when the commercial ACL (commercial quota) for gag 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 ACL (commercial quota) for South Atlantic gag will be 
reached by October 20. Accordingly, the commercial sector for South 
Atlantic gag and all other SASWG is closed effective 12:01 a.m., local 
time, October 20, 2012, until 12:01 a.m., local time, January 1, 2013. 
The recreational sector will continue to remain open until December 31, 
2012.

[[Page 62464]]

    Additionally, a seasonal closure is in place for the recreational 
and commercial sectors for gag and all other SASWG from January through 
April each fishing year as specified in 50 CFR 622.35(j). Therefore, 
the commercial harvest of gag and all other SASWG will not commence 
until May 1, 2013.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having gag or other SASWG onboard must 
have landed and bartered, traded, or sold such gag or other SASWG prior 
to 12:01 a.m., local time, October 20, 2012. During this commercial 
closure, the bag limit and possession limits specified in 50 CFR 
622.39(d)(1) and (d)(2), respectively, apply to all harvest or 
possession of gag or other SASWG in or from the South Atlantic EEZ, and 
the sale or purchase of gag or other SASWG taken from the EEZ is 
prohibited. The prohibition on sale or purchase does not apply to the 
sale or purchase of gag or other SASWG that were harvested, landed 
ashore, and sold prior to 12:01 a.m., local time, October 20, 2012, 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 gag or other SASWG would apply 
regardless of whether the fish are harvested in state or Federal 
waters, as specified in 50 CFR 622.43(a)(5)(iii).
    During the seasonal closure for the recreational and commercial 
sectors for gag and all other SASWG from January through April each 
fishing year, no person may fish for, harvest, or possess in or from 
the South Atlantic EEZ any SASWG. In addition, for a person on board a 
vessel for which a valid Federal commercial or charter vessel/headboat 
permit for South Atlantic snapper-grouper has been issued, the 
provisions of this closure apply in the South Atlantic, regardless of 
where such fish are harvested, i.e., in state or Federal waters as 
specified in 50 CFR 622.35(j).

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 the commercial sector for gag and other SASWG 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 gag 
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 commercial ACL (commercial 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: October 10, 2012.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-25262 Filed 10-10-12; 4:15 pm]
BILLING CODE 3510-22-P
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