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 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]


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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.

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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