Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2013 Commercial and Recreational Quotas for Red Snapper, 75568-75569 [2012-30832]

Download as PDF 75568 Federal Register / Vol. 77, No. 246 / Friday, December 21, 2012 / Rules and Regulations Washington, DC 20402, by referring to Catalog Number 903–008–00000–8. A reference copy of the NTIA Manual, including all revisions in effect, is available in the Office of Spectrum Management, 1401 Constitution Avenue NW., Room 1087, Washington, DC 20230, or call William Mitchell on (202) 482–8124, and available online at https://www.ntia.doc.gov/page/2011/ manual-regulations-and-proceduresfederal-radio-frequency-managementredbook. The NTIA Manual is also on file at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741–6030, or go to https://www.archives.gov/ federal_register/ code_of_federal_regulations/ ibr_locations.html. Congressional Review Act DEPARTMENT OF COMMERCE The NTIA Manual provides for the policies and procedures for federal agencies’ use of the radio spectrum. The NTIA Manual and the changes thereto do not substantially affect the rights or obligations of the public. As a result, this notice is not a ‘‘rule’’ as defined by the Congressional Review Act, 5 U.S.C. 804(3)(C). National Oceanic and Atmospheric Administration Paperwork Reduction Act For the reasons set forth in the preamble, NTIA amends title 47, Part 300 as follows: This action does not contain collection of information requirements subject to the Paperwork Reduction Act (PRA). Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the PRA, unless that collection displays a currently valid OMB Control Number. Executive Order 12866 This rule has been determined to be not significant for purposes of Executive Order 12866. Executive Order 13132 This rule does not contain policies having federalism implications as that term is defined in E.O. 13132. List of Subjects in 47 CFR Part 300 Incorporation by reference, Radio. Regulatory Text PART 300—MANUAL OF REGULATIONS AND PROCEDURES FOR FEDERAL RADIO FREQUENCY MANAGEMENT 1. The authority citation for Part 300 continues to read as follows: ■ Authority: 47 U.S.C. 901 et seq., Executive Order 12046 (March 27, 1978), 43 FR 13349, 3 CFR 1978 Comp., p. 158. 2. Section 300.1 (b) is revised to read as follows: ■ mstockstill on DSK4VPTVN1PROD with § 300.1 Incorporation by reference of the Manual of Regulations and Procedures for Federal Radio Frequency Management. NTIA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and opportunity for public comment as it is unnecessary. This action amends the regulations to include the date of the most current version of the NTIA Manual. These changes do not impact the rights or obligations of the public. The NTIA Manual applies only to federal agencies. Because these changes impact only federal agencies, NTIA finds it unnecessary to provide for the notice and comment requirements of 5 U.S.C. 553. NTIA also finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness for the reasons provided above. Because notice and opportunity for comment are not required pursuant to 5 U.S.C. 553 or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore, a regulatory flexibility analysis is not required and has not been prepared. * 16:08 Dec 20, 2012 Jkt 229001 * * * * (b) The federal agencies shall comply with the requirements set forth in the 2008 edition of the NTIA Manual, as revised through May 2012, which is incorporated by reference with approval of the Director, Office of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. * * * * * Dated: December 17, 2012. Lawrence E. Strickling, Assistant Secretary for Communications and Information. [FR Doc. 2012–30682 Filed 12–20–12; 8:45 am] BILLING CODE 3510–60–P PO 00000 Frm 00060 Fmt 4700 [Docket No. 120213124–1066–02] RIN 0648–XC388 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; 2013 Commercial and Recreational Quotas for Red Snapper National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule. AGENCY: NMFS sets the 2013 commercial and recreational quotas for red snapper in the exclusive economic zone (EEZ) of the Gulf of Mexico (Gulf) through this temporary rule. NMFS has determined that the allowable biological catch (ABC) for red snapper in 2012 has been exceeded. Therefore, NMFS is maintaining the commercial and recreational quotas for red snapper in 2013 at the 2012 level. The intent of this action is to help achieve optimum yield (OY) for the Gulf red snapper resource without increasing the risk of red snapper experiencing overfishing. DATES: This rule is effective January 1, 2013, through December 31, 2013, unless NMFS publishes a superseding document in the Federal Register. FOR FURTHER INFORMATION CONTACT: Cynthia Meyer, telephone 727–824– 5305; email: Cynthia.Meyer@noaa.gov. SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef fish fishery under the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP). The Council prepared the FMP and NMFS implements the FMP through regulations at 50 CFR part 622 under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). On May 30, 2012, NMFS published a final rule (77 FR 31734), that in part, set the 2012 commercial quota at 4.121 million lb (1.869 million kg), round weight, and the 2012 recreational quota at 3.959 million lb (1.796 million kg), round weight. NMFS also set the 2013 commercial quota at 4.432 million lb (2.010 million kg), round weight, and the 2013 recreational quota at 4.258 million lb (1.931 million kg), round weight. However, the 2013 quota increases are contingent on the ABC not being exceeded in the 2012 fishing year. SUMMARY: Administrative Procedure Act/ Regulatory Flexibility Act VerDate Mar<15>2010 50 CFR Part 622 Sfmt 4700 E:\FR\FM\21DER1.SGM 21DER1 Federal Register / Vol. 77, No. 246 / Friday, December 21, 2012 / Rules and Regulations mstockstill on DSK4VPTVN1PROD with NMFS has determined that the 2012 ABC has been exceeded, therefore, NMFS is maintaining the 2012 commercial and recreational quotas in the 2013 fishing year. The Council is currently developing a 2013 red snapper regulatory amendment, which could revise the commercial and recreational quotas for red snapper. Any increase in the commercial and recreational quotas would be released during the 2013 fishing year. This means that if the commercial quota is increased, additional pounds of allocation would be released to participants in the Gulf red snapper individual fishing quota (IFQ) program. If the recreational quota is increased, recreational fishermen could see an increase in the length of the 2013 recreational fishing season. If the 2013 regulatory amendment results in a decrease to the commercial and recreational quotas for red snapper, the decrease wouldn’t become effective until the 2014 fishing year. Classification The Regional Administrator, Southeast Region, NMFS, has determined that this temporary rule is necessary for the conservation and management of Gulf red snapper and is consistent with the Magnuson-Stevens Act and other applicable law. This action is exempt from review under Executive Order 12866 and is exempt from the procedures of the Regulatory Flexibility Act because the temporary rule is issued without opportunity for prior notice and comment. 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)(3)(B). Allowing prior notice and opportunity for public comment is unnecessary because the final rule establishing the commercial and recreational quotas for red snapper for the 2012 and 2013 fishing years has already been subject to notice and comment. All that remains is to notify the public that the 2012 quotas will be maintained during the 2013 fishing year. Providing prior notice and opportunity for public comment would also be contrary to the public interest because the red snapper fishing year begins January 1, 2013, and IFQ allocation is released to Gulf red snapper IFQ participants on that date. Commercial red snapper fishermen need to be aware of the entire quota before the fishing year begins to help plan their business practices for the year. VerDate Mar<15>2010 16:08 Dec 20, 2012 Jkt 229001 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 18, 2012. Emily H. Menashes, Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–30832 Filed 12–20–12; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 111220786–1781–01] RIN 0648–XC404 Fisheries of the Northeastern United States; Summer Flounder Fishery; Commercial Quota Harvested for the State of New Jersey National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS announces that the 2012 summer flounder commercial quota allocated to the State of New Jersey has been harvested. Vessels issued a commercial Federal fisheries permit for the summer flounder fishery may not land summer flounder in New Jersey for the remainder of calendar year 2012, unless additional quota becomes available through a transfer from another state. Regulations governing the summer flounder fishery require publication of this notification to advise New Jersey 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 summer flounder in New Jersey. DATES: Effective at 0001 hr local time, December 22, 2012, through 2400 hr local time December 31, 2012. FOR FURTHER INFORMATION CONTACT: Carly Bari, (978) 281–9224, or Carly.Bari@noaa.gov. SUMMARY: SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder fishery are found at 50 CFR part 648. The regulations require annual specification of a commercial quota that is apportioned on a percentage basis among the coastal states from North Carolina through Maine. The process to set the annual commercial quota and the PO 00000 Frm 00061 Fmt 4700 Sfmt 9990 75569 percent allocated to each state is described in § 648.102. The initial total commercial quota for summer flounder for the 2012 fishing year is 13,136,001 lb (5,958,490 kg) (76 FR 82189, December 30, 2011). The percent allocated to vessels landing summer flounder in New Jersey is 16.72499 percent, resulting in a commercial quota of 2,196,995 lb (996,557 kg). The Administrator, Northeast Region, NMFS (Regional Administrator), monitors the state commercial quotas and determines when a state’s commercial quota has been 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 state’s commercial quota has been harvested and no commercial quota is available for landing summer flounder in that state. The Regional Administrator has determined based upon dealer reports and other available information that New Jersey has harvested its quota for 2012. Section 648.4(b) provides that Federal permit holders agree, as a condition of the permit, not to land summer flounder in any state that the Regional Administrator has determined no longer has commercial quota available. Therefore, effective 0001 hours, December 22, 2012, landings of summer flounder in New Jersey by vessels holding summer flounder commercial Federal fisheries permits are prohibited for the remainder of the 2012 calendar year, unless additional quota becomes available through a transfer and is announced in the Federal Register. Effective 0001 hours December 22, 2012, federally permitted dealers are also notified that they may not purchase summer flounder from federally permitted vessels that land in New Jersey for the remainder of the calendar year, or until additional quota becomes available through a transfer from another state. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: December 18, 2012. Emily H. Menashes, Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–30831 Filed 12–20–12; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\21DER1.SGM 21DER1

Agencies

[Federal Register Volume 77, Number 246 (Friday, December 21, 2012)]
[Rules and Regulations]
[Pages 75568-75569]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30832]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 120213124-1066-02]
RIN 0648-XC388


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Reef Fish Fishery of the Gulf of Mexico; 2013 Commercial and 
Recreational Quotas for Red Snapper

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

ACTION: Temporary rule.

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SUMMARY: NMFS sets the 2013 commercial and recreational quotas for red 
snapper in the exclusive economic zone (EEZ) of the Gulf of Mexico 
(Gulf) through this temporary rule. NMFS has determined that the 
allowable biological catch (ABC) for red snapper in 2012 has been 
exceeded. Therefore, NMFS is maintaining the commercial and 
recreational quotas for red snapper in 2013 at the 2012 level. The 
intent of this action is to help achieve optimum yield (OY) for the 
Gulf red snapper resource without increasing the risk of red snapper 
experiencing overfishing.

DATES: This rule is effective January 1, 2013, through December 31, 
2013, unless NMFS publishes a superseding document in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Cynthia Meyer, telephone 727-824-5305; 
email: Cynthia.Meyer@noaa.gov.

SUPPLEMENTARY INFORMATION: NMFS and the Council manage the Gulf reef 
fish fishery under the Fishery Management Plan for the Reef Fish 
Resources of the Gulf of Mexico (FMP). The Council prepared the FMP and 
NMFS implements the FMP through regulations at 50 CFR part 622 under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act).
    On May 30, 2012, NMFS published a final rule (77 FR 31734), that in 
part, set the 2012 commercial quota at 4.121 million lb (1.869 million 
kg), round weight, and the 2012 recreational quota at 3.959 million lb 
(1.796 million kg), round weight. NMFS also set the 2013 commercial 
quota at 4.432 million lb (2.010 million kg), round weight, and the 
2013 recreational quota at 4.258 million lb (1.931 million kg), round 
weight. However, the 2013 quota increases are contingent on the ABC not 
being exceeded in the 2012 fishing year.

[[Page 75569]]

NMFS has determined that the 2012 ABC has been exceeded, therefore, 
NMFS is maintaining the 2012 commercial and recreational quotas in the 
2013 fishing year.
    The Council is currently developing a 2013 red snapper regulatory 
amendment, which could revise the commercial and recreational quotas 
for red snapper. Any increase in the commercial and recreational quotas 
would be released during the 2013 fishing year. This means that if the 
commercial quota is increased, additional pounds of allocation would be 
released to participants in the Gulf red snapper individual fishing 
quota (IFQ) program. If the recreational quota is increased, 
recreational fishermen could see an increase in the length of the 2013 
recreational fishing season. If the 2013 regulatory amendment results 
in a decrease to the commercial and recreational quotas for red 
snapper, the decrease wouldn't become effective until the 2014 fishing 
year.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
that this temporary rule is necessary for the conservation and 
management of Gulf red snapper and is consistent with the Magnuson-
Stevens Act and other applicable law.
    This action is exempt from review under Executive Order 12866 and 
is exempt from the procedures of the Regulatory Flexibility Act because 
the temporary rule is issued without opportunity for prior notice and 
comment.
    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)(3)(B). Allowing prior notice and opportunity for public comment 
is unnecessary because the final rule establishing the commercial and 
recreational quotas for red snapper for the 2012 and 2013 fishing years 
has already been subject to notice and comment. All that remains is to 
notify the public that the 2012 quotas will be maintained during the 
2013 fishing year. Providing prior notice and opportunity for public 
comment would also be contrary to the public interest because the red 
snapper fishing year begins January 1, 2013, and IFQ allocation is 
released to Gulf red snapper IFQ participants on that date. Commercial 
red snapper fishermen need to be aware of the entire quota before the 
fishing year begins to help plan their business practices for the year.
    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 18, 2012.
Emily H. Menashes,
Deputy Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2012-30832 Filed 12-20-12; 8:45 am]
BILLING CODE 3510-22-P
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