Snapper-Grouper Fishery of the South Atlantic; 2013 Recreational Accountability Measure and Closure for South Atlantic Golden Tilefish, 32995-32996 [2013-13048]
Download as PDF
<![CDATA[
Federal Register / Vol. 78, No. 106 / Monday, June 3, 2013 / Rules and Regulations
probative evidence for the challenge
process in advance will likely provide
certainty to small businesses in filing
any challenges and reduce the burden
on such parties.
B. Final Regulatory Flexibility Act
Certification
31. The Regulatory Flexibility Act of
1980, as amended (RFA) requires that a
regulatory flexibility analysis be
prepared for rulemaking proceedings,
unless the agency certifies that ‘‘the rule
will not have a significant economic
impact on a substantial number of small
entities.’’ The RFA generally defines
‘‘small entity’’ as having the same
meaning as the terms ‘‘small business,’’
‘‘small organization,’’ and ‘‘small
governmental jurisdiction.’’ In addition,
the term ‘‘small business’’ has the same
meaning as the term ‘‘small business
concern’’ under the Small Business Act.
A small business concern is one which:
(1) Is independently owned and
operated; (2) is not dominant in its field
of operation; and (3) satisfies any
additional criteria established by the
Small Business Administration (SBA).
32. This Order implements the rules
adopted by the Commission in the USF/
ICC Transformation Order. These
clarifications do not create any burdens,
benefits, or requirements that were not
addressed by the Final Regulatory
Flexibility Analysis attached to the
USF/ICC Transformation Order.
Therefore, we certify that the
requirements of this order will not have
a significant economic impact on a
substantial number of small entities.
The Commission will send a copy of the
order including a copy of this final
certification, in a report to Congress
pursuant to SBREFA. In addition, the
order and this certification will be sent
to the Chief Counsel for Advocacy of the
Small Business Administration, and
will be published in the Federal
Register.
tkelley on DSK3SPTVN1PROD with RULES
C. Congressional Review Act
33. The Commission will send a copy
of this order to Congress and the
Government Accountability Office
pursuant to the Congressional Review
Act.
IV. Ordering Clauses
Accordingly, it is ordered that,
pursuant to sections 1, 4(i), 201–206,
214, 218–220, 254, 303(r), and 403 of
the Communications Act of 1934, as
amended, and section 706 of the
Telecommunications Act of 1996, 47
U.S.C. 151, 154(i), 201–206, 214, 218–
220, 254, 303(r), 403, 1302, sections 0.91
and 0.291 of the Commission’s rules, 47
CFR 0.91, 0.291, and the delegations of
VerDate Mar<15>2010
15:55 May 31, 2013
Jkt 229001
authority in paragraphs 103, 170, and
171 of the USF/ICC Transformation
Order, FCC 11–161, this Report and
Order is adopted, effective July 3, 2013,
except for those rules and requirements
involving Paperwork Reduction Act
burdens, which shall become effective
immediately upon announcement in the
Federal Register of OMB approval.
Federal Comunications Commission.
Julie Veach,
Chief, Wireline Competition Bureau.
[FR Doc. 2013–12985 Filed 5–31–13; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 120403249–2492–02]
RIN 0648–XC671
Snapper-Grouper Fishery of the South
Atlantic; 2013 Recreational
Accountability Measure and Closure
for South Atlantic Golden Tilefish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements
accountability measures (AMs) for the
recreational sector of golden tilefish in
the South Atlantic for the 2013 fishing
year through this temporary rule.
Recreational landings from 2012, as
estimated by the Science and Research
Director (SRD), exceeded the
recreational annual catch limit (ACL) for
golden tilefish. Furthermore,
information from 2013 recreational
landings indicate that landings are
projected to reach the recreational ACL
on June 3, 2013. To account for the 2012
ACL overage and to prevent an ACL
overage in 2013, NMFS closes the
recreational sector for golden tilefish on
June 3, 2013. This closure is necessary
to protect the golden tilefish resource.
DATES: This rule is effective 12:01 a.m.,
local time, June 3, 2013, until 12:01
a.m., local time, January 1, 2014.
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, which includes golden tilefish,
is managed under the Fishery
Management Plan for the SnapperSUMMARY:
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
32995
Grouper Fishery of the South Atlantic
Region (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
(Magnuson-Stevens Act) by regulations
at 50 CFR part 622.
The recreational ACL for golden
tilefish is 3,019 fish. In accordance with
regulations at 50 CFR 622.193(a)(2), if
recreational landings reach or are
projected to reach the recreational ACL,
the Assistant Administrator, NMFS
(AA) will file a notification with the
Office of the Federal Register to close
the recreational sector for the remainder
of the fishing year. If the recreational
ACL is exceeded, then during the
following fishing year, recreational
landings will be monitored for a
persistence in increased landings and, if
necessary, the AA will file a notification
with the Office of the Federal Register
to reduce the length of the following
fishing season by the amount necessary
to ensure landings do not exceed the
recreational ACL in the following
fishing year. Finalized landings data
from the NMFS Southeast Fisheries
Science Center indicate that the golden
tilefish recreational ACL was exceeded
by 560 fish in 2012. Landings
information received thus far in 2013
indicate 2,985 golden tilefish have been
caught and the recreational ACL of
3,019 fish is projected to be met on June
3, 2013. Therefore, this temporary rule
implements an AM to close the
recreational golden tilefish component
of the snapper-grouper fishery for the
remainder of the 2013 fishing year. As
a result, the recreational sector for
golden tilefish will be closed effective
12:01 a.m., local time June 3, 2013.
During the closure, the bag and
possession limit for golden tilefish in or
from the South Atlantic exclusive
economic zone is zero. The recreational
sector for golden tilefish will reopen on
January 1, 2014, the beginning of the
2014 recreational fishing season.
Classification
The Regional Administrator,
Southeast Region, NMFS, (RA) has
determined this temporary rule is
necessary for the conservation and
management of the South Atlantic
golden tilefish component of the South
Atlantic snapper-grouper fishery and is
consistent with the Magnuson-Stevens
Act and other applicable laws.
This action is taken under 50 CFR
622.193(a)(2) and is exempt from review
under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
E:\FR\FM\03JNR1.SGM
03JNR1
32996
Federal Register / Vol. 78, No. 106 / Monday, June 3, 2013 / Rules and Regulations
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive the requirements
to provide prior notice and opportunity
for public comment on this temporary
rule. Such procedures are unnecessary
because the AMs established by
Regulatory Amendment 12 to the FMP
(77 FR 61295, October 9, 2012) and
located at 50 CFR 622.193(a)(2) have
already been subject to notice and
comment and authorize the AA to file
a notification with the Office of the
Federal Register to close the recreational
sector for the remainder of the fishing
year if recreational landings reach or are
projected to reach the recreational ACL.
All that remains is to notify the public
of the recreational closure for golden
tilefish for the remainder of the 2013
fishing year. Additionally, there is a
need to immediately notify the public of
the reduced recreational fishing season
for golden tilefish for the 2013 fishing
year to prevent further golden tilefish
recreational harvest and prevent the
ACL from being exceeded, which will
protect the South Atlantic golden
tilefish resource. Also, providing prior
notice and opportunity for public
comment on this action would be
contrary to the public interest because
many of those affected by the length of
the recreational fishing season,
particularly charter vessel and headboat
operations, book trips for clients in
advance and, therefore need as much
time as possible to adjust business plans
to account for the reduced recreational
fishing season.
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: May 29, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–13048 Filed 5–29–13; 4:15 pm]
tkelley on DSK3SPTVN1PROD with RULES
BILLING CODE 3510–22–P
VerDate Mar<15>2010
15:55 May 31, 2013
Jkt 229001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 110819515–3444–02]
RIN 0648–BA98
Western Pacific Fisheries; Fishing in
the Marianas Trench, Pacific Remote
Islands, and Rose Atoll Marine
National Monuments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
In this final rule, NMFS
establishes requirements for fishing in
the Marianas Trench, Pacific Remote
Islands, and Rose Atoll Marine National
Monuments. The intent of this rule is to
implement fishery management
measures consistent with Presidential
Proclamations 8335, 8336, and 8337,
which established the monuments.
DATES: This final rule is effective on July
3, 2013, except for the amendments to
§§ 665.13, 665.14, and 665.16, and new
§§ 665.903(b) and (c), 665.904(b),
665.905, 665.933(b) and (c), 665.934(b),
665.935, 665.963(b) and (c), 665.964(b),
and 665.965. Those sections contain
collection-of-information requirements
that the Office of Management and
Budget (OMB) has not yet approved
under the Paperwork Reduction Act
(PRA). When NMFS receives OMB
approval, we will publish the control
number and the effective date in the
Federal Register.
ADDRESSES: The background and details
of the monuments fishing provisions are
described in Amendment 3 to the
Fishery Ecosystem Plan for the Mariana
Archipelago, Amendment 2 to the
Fishery Ecosystem Plan for the Pacific
Remote Island Areas, Amendment 3 to
the Fishery Ecosystem Plan for
American Samoa, and Amendment 6 to
the Fishery Ecosystem Plan for Pelagic
Fisheries of the Western Pacific. You
may obtain the amendment from
www.regulations.gov or from the
Western Pacific Fishery Management
Council (Council), 1164 Bishop St.,
Suite 1400, Honolulu, HI 96813, tel
808–522–8220, fax 808–522–8226, or
from www.wpcouncil.org.
You may submit written comments
regarding the burden-hour estimates or
other aspects of the collection-ofinformation requirements contained in
this final rule to Michael D. Tosatto (see
ADDRESSES) and by email to
SUMMARY:
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
OIRA_Submission@omb.eop.gov or fax
to 202–395–7285.
FOR FURTHER INFORMATION CONTACT:
Jarad Makaiau, NMFS PIR Sustainable
Fisheries, tel 808–944–2108.
SUPPLEMENTARY INFORMATION: The
Council and NMFS manage Pacific
Island fisheries through fishery
ecosystem plans (FEP) for American
Samoa, the Mariana Archipelago (Guam
and the Commonwealth of the Northern
Mariana Islands (CNMI)), the Pacific
Remote Island Areas (PRIA), Hawaii,
and western Pacific pelagic fisheries.
Fishing regulations for the Pacific
Islands are found mostly in Title 50 of
the Code of Federal Regulations, Part
665.
On January 6, 2009, President Bush
issued Presidential Proclamations that
established three marine national
monuments in the Pacific Islands under
the authority of the Antiquities Act.
Proclamation 8335 established the
Marianas Trench Monument,
Proclamation 8336 established the
Pacific Remote Islands Monument, and
Proclamation 8337 established the Rose
Atoll Monument. The Proclamations
define the monuments’ boundaries,
prohibit commercial fishing, and
describe the management of monument
resources. The Proclamations direct the
Secretary of Commerce, in consultation
with the Secretary of the Interior, to take
action under the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) to regulate
fisheries and ensure proper care and
management of the monuments,
including allowing for traditional
indigenous fishing practices.
The Council recommended
incorporating the Proclamations’ fishery
management provisions into its FEPs,
and recommended that NMFS establish
certain provisions relating to traditional
indigenous fishing practices. This final
rule implements the Council’s
recommendations. Consistent with the
Proclamations, and based on
recommendations from the Council, this
final rule creates three new subparts in
50 CFR Part 665, one for each of the
three monuments. The rule implements
new requirements as follows:
• Codify the boundaries of the
monuments and their various
management units.
• Prohibit commercial fishing in the
Pacific Remote Islands and Rose Atoll
Monuments, and in the Islands Unit of
the Marianas Trench Monument.
• Establish management measures for
non-commercial and recreational fishing
in the monuments to include the
following:
Æ Require Federal permits and
reporting for non-commercial and
E:\FR\FM\03JNR1.SGM
03JNR1
]]>Agencies
[Federal Register Volume 78, Number 106 (Monday, June 3, 2013)]
[Rules and Regulations]
[Pages 32995-32996]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13048]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120403249-2492-02]
RIN 0648-XC671
Snapper-Grouper Fishery of the South Atlantic; 2013 Recreational
Accountability Measure and Closure for South Atlantic Golden Tilefish
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
recreational sector of golden tilefish in the South Atlantic for the
2013 fishing year through this temporary rule. Recreational landings
from 2012, as estimated by the Science and Research Director (SRD),
exceeded the recreational annual catch limit (ACL) for golden tilefish.
Furthermore, information from 2013 recreational landings indicate that
landings are projected to reach the recreational ACL on June 3, 2013.
To account for the 2012 ACL overage and to prevent an ACL overage in
2013, NMFS closes the recreational sector for golden tilefish on June
3, 2013. This closure is necessary to protect the golden tilefish
resource.
DATES: This rule is effective 12:01 a.m., local time, June 3, 2013,
until 12:01 a.m., local time, January 1, 2014.
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, which includes golden tilefish, is managed under the Fishery
Management Plan for the Snapper-Grouper Fishery of the South Atlantic
Region (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 (Magnuson-
Stevens Act) by regulations at 50 CFR part 622.
The recreational ACL for golden tilefish is 3,019 fish. In
accordance with regulations at 50 CFR 622.193(a)(2), if recreational
landings reach or are projected to reach the recreational ACL, the
Assistant Administrator, NMFS (AA) will file a notification with the
Office of the Federal Register to close the recreational sector for the
remainder of the fishing year. If the recreational ACL is exceeded,
then during the following fishing year, recreational landings will be
monitored for a persistence in increased landings and, if necessary,
the AA will file a notification with the Office of the Federal Register
to reduce the length of the following fishing season by the amount
necessary to ensure landings do not exceed the recreational ACL in the
following fishing year. Finalized landings data from the NMFS Southeast
Fisheries Science Center indicate that the golden tilefish recreational
ACL was exceeded by 560 fish in 2012. Landings information received
thus far in 2013 indicate 2,985 golden tilefish have been caught and
the recreational ACL of 3,019 fish is projected to be met on June 3,
2013. Therefore, this temporary rule implements an AM to close the
recreational golden tilefish component of the snapper-grouper fishery
for the remainder of the 2013 fishing year. As a result, the
recreational sector for golden tilefish will be closed effective 12:01
a.m., local time June 3, 2013.
During the closure, the bag and possession limit for golden
tilefish in or from the South Atlantic exclusive economic zone is zero.
The recreational sector for golden tilefish will reopen on January 1,
2014, the beginning of the 2014 recreational fishing season.
Classification
The Regional Administrator, Southeast Region, NMFS, (RA) has
determined this temporary rule is necessary for the conservation and
management of the South Atlantic golden tilefish component of the South
Atlantic snapper-grouper fishery and is consistent with the Magnuson-
Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.193(a)(2) and is exempt from
review under Executive Order 12866.
These measures are exempt from the procedures of the Regulatory
Flexibility
[[Page 32996]]
Act because the temporary rule is issued without opportunity for prior
notice and comment.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive the
requirements to provide prior notice and opportunity for public comment
on this temporary rule. Such procedures are unnecessary because the AMs
established by Regulatory Amendment 12 to the FMP (77 FR 61295, October
9, 2012) and located at 50 CFR 622.193(a)(2) have already been subject
to notice and comment and authorize the AA to file a notification with
the Office of the Federal Register to close the recreational sector for
the remainder of the fishing year if recreational landings reach or are
projected to reach the recreational ACL. All that remains is to notify
the public of the recreational closure for golden tilefish for the
remainder of the 2013 fishing year. Additionally, there is a need to
immediately notify the public of the reduced recreational fishing
season for golden tilefish for the 2013 fishing year to prevent further
golden tilefish recreational harvest and prevent the ACL from being
exceeded, which will protect the South Atlantic golden tilefish
resource. Also, providing prior notice and opportunity for public
comment on this action would be contrary to the public interest because
many of those affected by the length of the recreational fishing
season, particularly charter vessel and headboat operations, book trips
for clients in advance and, therefore need as much time as possible to
adjust business plans to account for the reduced recreational fishing
season.
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: May 29, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable Fisheries, National
Marine Fisheries Service.
[FR Doc. 2013-13048 Filed 5-29-13; 4:15 pm]
BILLING CODE 3510-22-P
