Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Increase, 7279-7280 [2013-02192]

Download as PDF srobinson on DSK4SPTVN1PROD with RULES Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Rules and Regulations Under 5 CFR part 1320, an agency may not conduct or sponsor a collection of information unless it displays a current, valid OMB Control Number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act that does not display a current, valid OMB Control Number. The OMB Control Number is 3060– 0718. The foregoing notice is required by the Paperwork Reduction Act of 1995, Public Law 104–13, October 1, 1995, and 44 U.S.C. 3507. The total annual reporting burdens and costs for the respondents are as follows: OMB Control Number: 3060–0718. OMB Approval Date: January 7, 2013. OMB Expiration Date: January 31, 2016. Title: Part 101 Rule Sections Governing the Terrestrial Microwave Fixed Radio Service Form Number: N/A. Respondents: Business or other forprofit entities, not-for-profit institutions, federal government and state, local, or tribal government. Number of Respondents: 27,342 respondents; 27,342 responses. Estimated Time per Response: 1.2962475 hours. Frequency of Response: On occasion and 10 year reporting requirements, third party disclosure requirements and recordkeeping requirements. Obligation to Respond: Required to obtain or retain benefits or retain benefits. Statutory authority for this information collection is contained in 47 U.S.C. 151, 154(i), 301, 303(f), 303(g), 303(r), 307, 308, 309, 310 and 316 of the Communications Act of 1934, as amended. Total Annual Burden: 35,442 hours. Total Annual Cost: $810,000. Nature and Extent of Confidentiality: No questions of a confidential nature are asked. Needs and Uses: On August 3, 2012, the Commission adopted the Rural Microwave Flexibility Policy, which directed the Wireless Telecommunications Bureau to favorably consider waivers of the requirements for payload capacity of equipment, if the applicants demonstrate equipment compliance with the following criteria: Æ The interference environment would allow the applicant to use a less stringent Category B antenna (although the applicant could choose to use a higher performance Category A antenna); Æ The applicant specifically acknowledges its duty to upgrade to a Category A antenna and come into VerDate Mar<15>2010 16:08 Jan 31, 2013 Jkt 229001 compliance with the applicable efficiency standard if necessary to resolve an interference conflict with a current or future microwave link pursuant to § 101.115(c); Æ The applicant uses equipment that is capable of readily being upgraded to comply with the applicable payload capacity requirement, and provide a certification in its application that its equipment complies with this requirement; Æ Each end of the link is located in a rural area (county or equivalent having population density of 100 persons per square mile or less); Æ Each end of the link is in a county with a low density of links in the 4, 6, 11, 18, and 23 GHz bands; Æ Neither end of the link is contained within a recognized antenna farm; and Æ The applicant describes its proposed service and explains how relief from the efficiency standards will facilitate providing that service (e.g., by eliminating the need for an intermediate hop) as well as the steps needed to come into compliance should an interference conflict emerge. These requirements are necessary for the Commission staff to carry out its duties to determine whether applicants would be eligible for a waiver of the payload capacity requirements. In addition, the information is used to determine whether the public interest, convenience, and necessity are being served as required by 47 U.S.C. 309. Without this information, the Commission would not be able to carry out its statutory responsibilities. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2013–02221 Filed 1–31–13; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 001206604–1758–02] RIN 0648–XC474 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Increase National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 7279 Temporary rule; inseason trip limit increase. ACTION: NMFS increases the trip limit in the commercial sector for king mackerel in the Florida east coast subzone to 75 fish per day in or from the exclusive economic zone (EEZ). This trip limit increase is necessary to maximize the socioeconomic benefits of the quota. DATES: This rule is effective 12:01 a.m., local time, February 1, 2013, through March 31, 2013, unless changed by further notification in the Federal Register. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727–824– 5305, fax: 727–824–5308, 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 January 30, 2012 (76 FR 82058, December 29, 2011), NMFS implemented a commercial quota of 1,215,228 lb (551,218 kg) for Gulf migratory group king mackerel in the Florida east coast subzone of the eastern zone (50 CFR 622.42(c)(1)(i)(A)(1)), for the current fishing year, July 1, 2012, through June 30, 2013. From November 1 through March 31 annually, the Florida east coast subzone of the Gulf group king mackerel is that part of the eastern zone north of 25°20.4′ N. lat. (a line directly east from the Miami-Dade/ Monroe County, FL, boundary). In accordance with 50 CFR 622.44(a)(2)(i)(B)(2), beginning on February 1, if less than 75 percent of the Florida east coast subzone king mackerel commercial quota has been harvested by that date, king mackerel in or from that subzone may be possessed on board or landed from a permitted vessel in amounts not exceeding 75 fish per day. NMFS has determined that 75 percent of the quota for Gulf group king mackerel in the Florida east coast subzone will not be reached before February 1, 2013. Accordingly, a 75-fish trip limit applies to vessels fishing for king mackerel in or from the EEZ in the Florida east coast subzone effective 12:01 a.m., local time, February 1, 2013. SUMMARY: E:\FR\FM\01FER1.SGM 01FER1 7280 Federal Register / Vol. 78, No. 22 / Friday, February 1, 2013 / Rules and Regulations The 75-fish trip limit will remain in effect until the subzone closes or until the end of the current fishing year (March 31, 2013) for this subzone. DEPARTMENT OF COMMERCE Classification 50 CFR Part 679 The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of Gulf group king mackerel 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 good cause to waive the requirement 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 prior notice and opportunity for public comment is unnecessary and contrary to the public interest. Such procedures are unnecessary because the rule itself already has been subject to notice and comment, and all that remains is to notify the public of the trip limit increase. Allowing prior notice and opportunity for public comment for this trip limit increase is contrary to the public interest because it requires time, thus delaying fishermen’s ability to catch more king mackerel than the present trip limit allows and preventing fishermen from reaping the socioeconomic benefits derived from this increase in daily catch. As this action allows fishermen to increase their harvest of king mackerel from 50 fish to 75 fish per day in or from the EEZ of the Florida east coast subzone, the AA finds it relieves a restriction and may go into effect without a 30-day delay in effectiveness, pursuant to 5 U.S.C. 553(d)(1). [Docket No. 111213751–2102–02] srobinson on DSK4SPTVN1PROD with RULES Authority: 16 U.S.C. 1801 et seq. Dated: January 29, 2013. Kara Meckley, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2013–02192 Filed 1–29–13; 4:15 pm] BILLING CODE 3510–22–P VerDate Mar<15>2010 16:08 Jan 31, 2013 Jkt 229001 National Oceanic and Atmospheric Administration RIN 0648–XC465 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher/Processors Using Pot Gear in the Bering Sea and Aleutian Islands Management Area 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 pot catcher/ processors in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the A season apportionment of the 2013 Pacific cod total allowable catch (TAC) specified for pot catcher/processors in the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), January 28, 2013, through 1200 hrs, A.l.t., September 1, 2013. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens 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. The A season apportionment of the 2013 Pacific cod TAC allocated as a directed fishing allowance to pot catcher/processors in the BSAI is 1,770 metric tons as established by the final 2012 and 2013 harvest specifications for groundfish in the BSAI (77 FR 10669, February 23, 2012) and inseason adjustment (78 FR 270, January 3, 2013). In accordance with § 679.20(d)(1)(iii), the Administrator, Alaska Region, NMFS, has determined that the A season apportionment of the 2013 Pacific cod TAC allocated as a directed fishing allowance to pot catcher/ processors in the BSAI has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific SUMMARY: PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 cod by pot catcher/processors in the BSAI. 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) and § 679.25(c)(1)(ii) 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 by pot catcher/processors in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of January 25, 2013. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: January 28, 2013. James P. Burgess, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2013–02117 Filed 1–28–13; 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–XC466 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Pot Gear in the Western Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: E:\FR\FM\01FER1.SGM 01FER1

Agencies

[Federal Register Volume 78, Number 22 (Friday, February 1, 2013)]
[Rules and Regulations]
[Pages 7279-7280]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02192]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 001206604-1758-02]
RIN 0648-XC474


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

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

ACTION: Temporary rule; inseason trip limit increase.

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SUMMARY: NMFS increases the trip limit in the commercial sector for 
king mackerel in the Florida east coast subzone to 75 fish per day in 
or from the exclusive economic zone (EEZ). This trip limit increase is 
necessary to maximize the socioeconomic benefits of the quota.

DATES: This rule is effective 12:01 a.m., local time, February 1, 2013, 
through March 31, 2013, unless changed by further notification in the 
Federal Register.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, fax: 727-824-5308, 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 January 30, 2012 (76 FR 82058, December 29, 2011), NMFS 
implemented a commercial quota of 1,215,228 lb (551,218 kg) for Gulf 
migratory group king mackerel in the Florida east coast subzone of the 
eastern zone (50 CFR 622.42(c)(1)(i)(A)(1)), for the current fishing 
year, July 1, 2012, through June 30, 2013. From November 1 through 
March 31 annually, the Florida east coast subzone of the Gulf group 
king mackerel is that part of the eastern zone north of 25[deg]20.4' N. 
lat. (a line directly east from the Miami-Dade/Monroe County, FL, 
boundary).
    In accordance with 50 CFR 622.44(a)(2)(i)(B)(2), beginning on 
February 1, if less than 75 percent of the Florida east coast subzone 
king mackerel commercial quota has been harvested by that date, king 
mackerel in or from that subzone may be possessed on board or landed 
from a permitted vessel in amounts not exceeding 75 fish per day. NMFS 
has determined that 75 percent of the quota for Gulf group king 
mackerel in the Florida east coast subzone will not be reached before 
February 1, 2013. Accordingly, a 75-fish trip limit applies to vessels 
fishing for king mackerel in or from the EEZ in the Florida east coast 
subzone effective 12:01 a.m., local time, February 1, 2013.

[[Page 7280]]

The 75-fish trip limit will remain in effect until the subzone closes 
or until the end of the current fishing year (March 31, 2013) for this 
subzone.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
Gulf group king mackerel 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 good cause to waive the requirement 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 prior notice and opportunity for 
public comment is unnecessary and contrary to the public interest. Such 
procedures are unnecessary because the rule itself already has been 
subject to notice and comment, and all that remains is to notify the 
public of the trip limit increase. Allowing prior notice and 
opportunity for public comment for this trip limit increase is contrary 
to the public interest because it requires time, thus delaying 
fishermen's ability to catch more king mackerel than the present trip 
limit allows and preventing fishermen from reaping the socioeconomic 
benefits derived from this increase in daily catch.
    As this action allows fishermen to increase their harvest of king 
mackerel from 50 fish to 75 fish per day in or from the EEZ of the 
Florida east coast subzone, the AA finds it relieves a restriction and 
may go into effect without a 30-day delay in effectiveness, pursuant to 
5 U.S.C. 553(d)(1).

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

    Dated: January 29, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-02192 Filed 1-29-13; 4:15 pm]
BILLING CODE 3510-22-P
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