Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2012 Commercial Accountability Measure and Closure for South Atlantic Blue Runner, 73338-73339 [2012-29739]

Download as PDF 73338 Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Rules and Regulations 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. L. 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 OMB, 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. srobinson on DSK4SPTVN1PROD with M. 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 (42 U.S.C. 4321–4370f), and have concluded that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule is categorically excluded under section 2.B.2, figure 2–1, paragraphs (34)(b) and (d), of the Instruction, and under section 6(b) of the ‘‘Appendix to National Environmental Policy Act: Coast Guard Procedures for Categorical Exclusions, Notice of Final Agency Policy’’ (67 FR 48243, July 23, 2002). This rule involves the delegation of authority, the inspection and documentation of vessels, and congressionally-mandated regulations designed to improve or protect the environment. An environmental analysis checklist and a categorical exclusion determination are available in the docket where indicated under ADDRESSES. List of Subjects in 46 CFR Part 8 Administrative practice and procedure, Incorporation by reference, Organization and functions (Government agencies), Reporting and recordkeeping requirements, Vessels. For the reasons discussed in the preamble, the Coast Guard amends 46 CFR part 8 as follows: VerDate Mar<15>2010 16:08 Dec 07, 2012 Jkt 229001 PART 8—VESSEL INSPECTION ALTERNATIVES the blue runner resource in the South Atlantic. 1. The authority citation for part 8 is revised to read as follows: DATES: ■ Authority: 33 U.S.C. 1903, 1904, 3803 and 3821; 46 U.S.C. 3103, 3306, 3316, and 3703; Department of Homeland Security Delegation No. 0170.1 and Aug. 8, 2011 Delegation of Authority, Anti-Fouling Systems. 2. Amend § 8.320 as follows: a. In paragraph (b)(12), remove the word ‘‘and’’; ■ b. In paragraph (b)(13), remove the period at the end of the sentence and add, in its place, the text ‘‘; and’’; and ■ c. Add paragraph (b)(14) to read as follows: ■ ■ § 8.320 Classification society authorization to issue international certificates. * * * * * (b) * * * (14) MARPOL 73/78 International Energy Efficiency Certificate. * * * * * Dated: December 5, 2012. J.G. Lantz, Director of Commercial Regulations and Standards, U.S. Coast Guard. [FR Doc. 2012–29749 Filed 12–7–12; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 100812345–2142–03] RIN 0648–XC310 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2012 Commercial Accountability Measure and Closure for South Atlantic Blue Runner 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 blue runner in the exclusive economic zone (EEZ) of the South Atlantic. Commercial landings for blue runner, as estimated by the Science and Research Director, have reached the commercial annual catch limit (ACL). Therefore, NMFS closes the commercial sector for blue runner on December 10, 2012, for the remainder of the 2012 fishing year, through December 31, 2012. This action is necessary to protect SUMMARY: PO 00000 Frm 00076 Fmt 4700 Sfmt 4700 This rule is effective 12:01 a.m., local time, December 10, 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. 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). Blue runner 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 for blue runner in the South Atlantic is 188,329 lb (85,425 kg), round weight, as specified in 50 CFR 622.49(b)(19)(i)(A). In accordance with regulations at 50 CFR 622.49(b)(19)(i)(A), NMFS is required to close the commercial sector for blue runner when the commercial ACL for blue runner 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 for South Atlantic blue runner has been met. Accordingly, the commercial sector for South Atlantic blue runner is closed effective 12:01 a.m., local time, December 10, 2012, until 12:01 a.m., local time, January 1, 2013. The operator of a vessel with a valid commercial vessel permit for South Atlantic snapper-grouper having blue runner onboard must have landed and bartered, traded, or sold such blue runner prior to 12:01 a.m., local time, December 10, 2012. During this commercial closure, the sale or purchase of blue runner taken from the EEZ is prohibited. The prohibition on sale or purchase does not apply to the sale or purchase of blue runner that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, December 10, 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 blue runner would apply regardless of where the fish are harvested, i.e., in state or Federal waters, as specified in 50 CFR 622.49(b)(19)(i)(A). SUPPLEMENTARY INFORMATION: E:\FR\FM\10DER1.SGM 10DER1 Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Rules and Regulations Classification srobinson on DSK4SPTVN1PROD with The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of South Atlantic blue runner and is consistent with the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.43(a) and is exempt from review under Executive Order 12866. These measures are exempt from the procedures of the Regulatory Flexibility Act because the temporary rule is issued without opportunity for prior notice and comment. This action responds to the best available information recently obtained VerDate Mar<15>2010 16:08 Dec 07, 2012 Jkt 229001 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 blue runner 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 PO 00000 Frm 00077 Fmt 4700 Sfmt 9990 73339 protect the blue runner resource. The capacity of the fishing fleet allows for rapid harvest of the ACL and prior notice and opportunity for public comment would result in a harvest well in excess of the established commercial ACL. 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). Authority: 16 U.S.C. 1801 et seq. Dated: December 5, 2012. William D. Chappell, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–29739 Filed 12–5–12; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\10DER1.SGM 10DER1

Agencies

[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Rules and Regulations]
[Pages 73338-73339]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29739]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 100812345-2142-03]
RIN 0648-XC310


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2012 Commercial Accountability Measure and Closure for South Atlantic 
Blue Runner

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

ACTION: Temporary rule; closure.

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

SUMMARY: NMFS implements accountability measures (AMs) for the 
commercial sector for blue runner in the exclusive economic zone (EEZ) 
of the South Atlantic. Commercial landings for blue runner, as 
estimated by the Science and Research Director, have reached the 
commercial annual catch limit (ACL). Therefore, NMFS closes the 
commercial sector for blue runner on December 10, 2012, for the 
remainder of the 2012 fishing year, through December 31, 2012. This 
action is necessary to protect the blue runner resource in the South 
Atlantic.

DATES: This rule is effective 12:01 a.m., local time, December 10, 
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). Blue runner 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 for blue runner in the South Atlantic is 188,329 
lb (85,425 kg), round weight, as specified in 50 CFR 
622.49(b)(19)(i)(A).
    In accordance with regulations at 50 CFR 622.49(b)(19)(i)(A), NMFS 
is required to close the commercial sector for blue runner when the 
commercial ACL for blue runner 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 for South 
Atlantic blue runner has been met. Accordingly, the commercial sector 
for South Atlantic blue runner is closed effective 12:01 a.m., local 
time, December 10, 2012, until 12:01 a.m., local time, January 1, 2013.
    The operator of a vessel with a valid commercial vessel permit for 
South Atlantic snapper-grouper having blue runner onboard must have 
landed and bartered, traded, or sold such blue runner prior to 12:01 
a.m., local time, December 10, 2012. During this commercial closure, 
the sale or purchase of blue runner taken from the EEZ is prohibited. 
The prohibition on sale or purchase does not apply to the sale or 
purchase of blue runner that were harvested, landed ashore, and sold 
prior to 12:01 a.m., local time, December 10, 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 blue runner would apply regardless of where 
the fish are harvested, i.e., in state or Federal waters, as specified 
in 50 CFR 622.49(b)(19)(i)(A).

[[Page 73339]]

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
South Atlantic blue runner and is consistent with the Magnuson-Stevens 
Act and other applicable laws.
    This action is taken under 50 CFR 622.43(a) and is exempt from 
review under Executive Order 12866.
    These measures are exempt from the procedures of the Regulatory 
Flexibility Act because the temporary rule is issued without 
opportunity for prior notice and comment.
    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 blue runner 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 the 
blue runner resource. The capacity of the fishing fleet allows for 
rapid harvest of the ACL and prior notice and opportunity for public 
comment would result in a harvest well in excess of the established 
commercial ACL.
    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).

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

    Dated: December 5, 2012.
William D. Chappell,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2012-29739 Filed 12-5-12; 4:15 pm]
BILLING CODE 3510-22-P

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