Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Shrimp Fishery Off the Southern Atlantic States; Amendment 9, 35571-35572 [2013-13692]
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Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Rules and Regulations
in any one year. Further, the
administrative final rule will not
significantly or uniquely affect small
governments. It does not require action
by any non-Federal government entity.
Therefore, the information required by
the Unfunded Mandates Reform Act (2
U.S.C. 1531 et. seq.), is not required.
Executive Order 12630, Government
Action and Interference With
Constitutionally Protected Property
Rights (Takings)
As required by Executive Order
12630, the Department of the Interior
has determined that the rule would not
cause a taking of private property. No
private property rights would be
affected by a rule that merely reports an
address change for the Oregon/
Washington State Office. The
Department therefore certifies that this
administrative final rule does not
represent a governmental action capable
of interference with constitutionally
protected property rights.
Executive Order 13132, Federalism
In accordance with Executive Order
13132, the BLM finds that the rule does
not have sufficient federalism
implications to warrant the preparation
of a federalism summary impact
statement.
The administrative final rule does not
have substantial direct effects on the
States, on the relationship between the
national governments and the States, or
the distribution of power and the
responsibilities among the various
levels of government. This
administrative final rule does not
preempt State law.
Executive Order 12988, Civil Justice
Reform
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use
DEPARTMENT OF COMMERCE
In accordance with Executive Order
13211, the BLM has determined that the
administrative final rule will not have
substantial direct effects on the energy
supply, distribution or use, including a
shortfall in supply or price increase.
This administrative final rule is a purely
administrative action and has no
implications under Executive Order
13211.
50 CFR Part 622
Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the rule does not
contain any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
List of Subjects in 43 CFR Part 1820
Administrative practice and
procedure, Archives and records, Public
lands.
Dated: June 4, 2013.
Tommy P. Beaudreau,
Acting Assistant Secretary, Land and
Minerals Management.
For the reasons discussed in the
preamble, the Bureau of Land
Management amends 43 CFR part 1820
as follows:
PART 1820—APPLICATION
PROCEDURES
1. The authority citation for part 1820
continues to read as follows:
■
Authority: 5 U.S.C. 552, 43 U.S.C. 2, 1201,
1733, and 1740.
This administrative final rule is a
purely administrative regulatory action
having no effects upon the public and
will not unduly burden the judicial
system and meets the requirements of
Sections 3(a) and 3(b)(2) of the
Executive Order.
Subpart 1821—General Information
2. Amend § 1821.10 in paragraph (a)
by removing the entry for Oregon and
adding in its place an entry for Oregon/
Washington to read as follows:
■
tkelley on DSK3SPTVN1PROD with RULES4
Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
§ 1821.10
In accordance with the Executive
Order 13175, the BLM finds that the
rule does not include policies that have
tribal implications. This administrative
final rule is purely an administrative
action having no effects upon the public
or the environment, imposing no costs,
and merely updating the BLM, Oregon/
Washington State Office address
included in the Code of Federal
Regulations.
STATE OFFICES AND AREAS OF
JURISDICTION
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16:42 Jun 12, 2013
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35571
Where are BLM offices located?
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*
Oregon/Washington State Office, 1220
SW. 3rd Avenue, Portland, Oregon
97204, P.O. Box 2965, Portland, Oregon
97208—Oregon and Washington.
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[FR Doc. 2013–14033 Filed 6–12–13; 8:45 am]
BILLING CODE 4310–33–P
Frm 00023
[Docket No. 120919470–3513–02]
RIN 0648–BC58
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Shrimp
Fishery Off the Southern Atlantic
States; Amendment 9
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of final action;
revision to Fishery Management Plan.
AGENCY:
SUMMARY: NMFS issues this final rule to
implement Amendment 9 (Amendment
9) to the Fishery Management Plan for
the Shrimp Fishery of the South
Atlantic Region (FMP), as prepared and
submitted by the South Atlantic Fishery
Management Council (Council). This
final rule revises the criteria and
procedures by which a South Atlantic
state may request a concurrent closure
of the exclusive economic zone (EEZ) to
the commercial harvest of penaeid
shrimp (brown, pink, and white shrimp)
when state waters close as a result of
severe winter weather. Amendment 9
also revises the overfished and
overfishing status determination criteria
for pink shrimp. The purpose of this
rule is to increase the flexibility and
timeliness of the criteria and process for
implementing a concurrent closure of
penaeid shrimp harvest in the EEZ to
maximize protection of overwintering
white shrimp in the South Atlantic.
DATES: This rule is effective July 15,
2013.
Electronic copies of
Amendment 9, which includes an
environmental assessment, and a
regulatory impact review, may be
obtained from the Southeast Regional
Office Web site at https://
sero.nmfs.noaa.gov.
ADDRESSES:
Kate
Michie, telephone: 727–824–5305, or
email: kate.michie@noaa.gov.
SUPPLEMENTARY INFORMATION: The
penaeid shrimp fishery of the South
Atlantic is managed under the FMP. The
FMP was prepared by the Council and
is implemented through regulations at
50 CFR part 622 under the authority of
the Magnuson-Stevens Act.
On March 4, 2013, NMFS published
a notice of availability for Amendment
9 and requested public comment (78 FR
FOR FURTHER INFORMATION CONTACT:
(a) * * *
PO 00000
National Oceanic and Atmospheric
Administration
Fmt 4700
Sfmt 4700
E:\FR\FM\13JNR1.SGM
13JNR1
35572
Federal Register / Vol. 78, No. 114 / Thursday, June 13, 2013 / Rules and Regulations
14069). On March 20, 2013, NMFS
published a proposed rule for
Amendment 9 and requested public
comment (78 FR 17178). The proposed
rule and Amendment 9 outline the
rationale for the actions contained in
this final rule. A summary of the actions
implemented by this final rule is
provided below.
Management Measures Contained in
This Final Rule
The management measures contained
in Amendment 9 and this final rule do
not require any changes to the current
regulatory text within § 622.206(a),
‘‘South Atlantic shrimp cold weather
closure.’’ This is because the current
regulations refer to the FMP for the
specific criteria and procedures required
to implement a concurrent closure of
the EEZ for penaeid shrimp. This final
rule revises those criteria and
procedures within the FMP; however,
the regulatory text does not change.
tkelley on DSK3SPTVN1PROD with RULES4
Criteria Used to Trigger a State’s
Ability To Request a Concurrent
Closure of the EEZ to Penaeid Shrimp
Commercial Harvest
This final rule revises the criteria that
a state must meet to request from NMFS
a closure of commercial penaeid shrimp
harvest in Federal waters following
severe winter weather and a closure of
state waters. Currently, a state must
demonstrate at least an 80-percent
reduction in the population of
overwintering white shrimp in order to
justify a closure. This rule requires that
a state must demonstrate either at least
an 80-percent reduction in the
population of overwintering white
shrimp, or that state water temperatures
were 9 °C (48 °F) or less, for at least 7
consecutive days. These revised criteria
provide increased flexibility for a state
to protect the overwintering white
shrimp in adjacent EEZ waters.
Process for a State To Request a
Concurrent Closure of the EEZ To
Penaeid Shrimp Commercial Harvest
This final rule revises the procedures
for a state to request a closure of the
penaeid shrimp commercial sector in
the EEZ concurrent with a closure of its
state waters. The revised procedures
allow a state, after determining that the
revised concurrent closure criteria have
been met, to submit a letter directly to
the NMFS Regional Administrator (RA)
with the request and supporting data for
a concurrent closure of penaeid shrimp
harvest in the EEZ adjacent to the closed
state waters. After a review of the
request and supporting information, if
the RA determines the recommended
closure is in accordance with the
VerDate Mar<15>2010
17:10 Jun 12, 2013
Jkt 229001
procedures and criteria specified in the
FMP and the Magnuson-Stevens Act,
NMFS would implement the closure
through a notification in the Federal
Register. These revised procedures
reduce the administrative burden to the
states and the Council through their
more efficient process.
Additional Management Measure
Contained in Amendment 9
Amendment 9 also revises the
overfished and overfishing status
determination criteria (biomass at the
maximum sustainable yield (BMSY)) for
the pink shrimp stock. The BMSY proxy
is revised based on more recent
Southeast Area Monitoring and
Assessment Program (SEAMAP) harvest
data for pink shrimp. Specifically,
Amendment 9 revises the BMSY proxy
for pink shrimp using the lowest catch
per unit effort (CPUE) value from
SEAMAP during the period 1990–2011
(0.089 individuals per hectare). The
Council and NMFS determined that the
pink shrimp stock size that produced
the relatively low CPUE value of 0.089
individuals per hectare does not
compromise the long-term capacity of
the pink shrimp stock to achieve MSY,
because the low stock size has
historically produced a biomass the
following year that is capable of
achieving MSY, based on the best
available science.
Comments and Responses
NMFS received two comment
submissions on Amendment 9 and the
proposed rule. One letter was from an
individual that expressed support for
Amendment 9 and the proposed rule
and the other submission was from a
Federal agency stating that they had no
comments on Amendment 9 or the
proposed rule. No other comments were
received. NMFS agrees with the
individual commenter that this
amendment will help protect
overwintering white shrimp.
Changes From the Proposed Rule
On April 17, 2013, NMFS published
in the Federal Register an interim final
rule to reorganize the regulations in 50
CFR part 622 for the Gulf of Mexico,
South Atlantic, and the Caribbean (78
FR 22950). That interim final rule did
not create any new rights or obligations;
it reorganized the existing regulatory
requirements in the Code of Federal
Regulations into a new format. This
final rule incorporates this new format
but does not change the specific
regulatory measures that were discussed
in the proposed rule. As a result of this
reorganization, the shrimp cold weather
closure regulatory text previously
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
located at § 622.35(d) is now located at
§ 622.206(a).
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined that this final rule is
necessary to more efficiently manage the
penaeid shrimp resource, and is
consistent with the Magnuson-Stevens
Act and other applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866. No duplicative,
overlapping, or conflicting Federal rules
have been identified. This final rule
would not establish any new reporting
or record-keeping requirements.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule is not repeated here. No
comments were received regarding this
certification. As a result, a regulatory
flexibility analysis was not required and
none was prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 4, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
Performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2013–13692 Filed 6–12–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 121018563–3148–02]
RIN 0648–XC722
Fisheries of the Exclusive Economic
Zone Off Alaska; Northern Rockfish in
the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification of
closure.
AGENCY:
SUMMARY: NMFS is opening directed
fishing for northern rockfish in the
Bering Sea and Aleutian Islands
E:\FR\FM\13JNR1.SGM
13JNR1
]]>Agencies
[Federal Register Volume 78, Number 114 (Thursday, June 13, 2013)]
[Rules and Regulations]
[Pages 35571-35572]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13692]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 120919470-3513-02]
RIN 0648-BC58
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Shrimp Fishery Off the Southern Atlantic States; Amendment 9
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notification of final action; revision to Fishery Management
Plan.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement Amendment 9
(Amendment 9) to the Fishery Management Plan for the Shrimp Fishery of
the South Atlantic Region (FMP), as prepared and submitted by the South
Atlantic Fishery Management Council (Council). This final rule revises
the criteria and procedures by which a South Atlantic state may request
a concurrent closure of the exclusive economic zone (EEZ) to the
commercial harvest of penaeid shrimp (brown, pink, and white shrimp)
when state waters close as a result of severe winter weather. Amendment
9 also revises the overfished and overfishing status determination
criteria for pink shrimp. The purpose of this rule is to increase the
flexibility and timeliness of the criteria and process for implementing
a concurrent closure of penaeid shrimp harvest in the EEZ to maximize
protection of overwintering white shrimp in the South Atlantic.
DATES: This rule is effective July 15, 2013.
ADDRESSES: Electronic copies of Amendment 9, which includes an
environmental assessment, and a regulatory impact review, may be
obtained from the Southeast Regional Office Web site at https://sero.nmfs.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Kate Michie, telephone: 727-824-5305,
or email: kate.michie@noaa.gov.
SUPPLEMENTARY INFORMATION: The penaeid shrimp fishery of the South
Atlantic is managed under the FMP. The FMP was prepared by the Council
and is implemented through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Act.
On March 4, 2013, NMFS published a notice of availability for
Amendment 9 and requested public comment (78 FR
[[Page 35572]]
14069). On March 20, 2013, NMFS published a proposed rule for Amendment
9 and requested public comment (78 FR 17178). The proposed rule and
Amendment 9 outline the rationale for the actions contained in this
final rule. A summary of the actions implemented by this final rule is
provided below.
Management Measures Contained in This Final Rule
The management measures contained in Amendment 9 and this final
rule do not require any changes to the current regulatory text within
Sec. 622.206(a), ``South Atlantic shrimp cold weather closure.'' This
is because the current regulations refer to the FMP for the specific
criteria and procedures required to implement a concurrent closure of
the EEZ for penaeid shrimp. This final rule revises those criteria and
procedures within the FMP; however, the regulatory text does not
change.
Criteria Used to Trigger a State's Ability To Request a Concurrent
Closure of the EEZ to Penaeid Shrimp Commercial Harvest
This final rule revises the criteria that a state must meet to
request from NMFS a closure of commercial penaeid shrimp harvest in
Federal waters following severe winter weather and a closure of state
waters. Currently, a state must demonstrate at least an 80-percent
reduction in the population of overwintering white shrimp in order to
justify a closure. This rule requires that a state must demonstrate
either at least an 80-percent reduction in the population of
overwintering white shrimp, or that state water temperatures were 9
[deg]C (48[emsp14][deg]F) or less, for at least 7 consecutive days.
These revised criteria provide increased flexibility for a state to
protect the overwintering white shrimp in adjacent EEZ waters.
Process for a State To Request a Concurrent Closure of the EEZ To
Penaeid Shrimp Commercial Harvest
This final rule revises the procedures for a state to request a
closure of the penaeid shrimp commercial sector in the EEZ concurrent
with a closure of its state waters. The revised procedures allow a
state, after determining that the revised concurrent closure criteria
have been met, to submit a letter directly to the NMFS Regional
Administrator (RA) with the request and supporting data for a
concurrent closure of penaeid shrimp harvest in the EEZ adjacent to the
closed state waters. After a review of the request and supporting
information, if the RA determines the recommended closure is in
accordance with the procedures and criteria specified in the FMP and
the Magnuson-Stevens Act, NMFS would implement the closure through a
notification in the Federal Register. These revised procedures reduce
the administrative burden to the states and the Council through their
more efficient process.
Additional Management Measure Contained in Amendment 9
Amendment 9 also revises the overfished and overfishing status
determination criteria (biomass at the maximum sustainable yield
(BMSY)) for the pink shrimp stock. The BMSY proxy
is revised based on more recent Southeast Area Monitoring and
Assessment Program (SEAMAP) harvest data for pink shrimp. Specifically,
Amendment 9 revises the BMSY proxy for pink shrimp using the
lowest catch per unit effort (CPUE) value from SEAMAP during the period
1990-2011 (0.089 individuals per hectare). The Council and NMFS
determined that the pink shrimp stock size that produced the relatively
low CPUE value of 0.089 individuals per hectare does not compromise the
long-term capacity of the pink shrimp stock to achieve MSY, because the
low stock size has historically produced a biomass the following year
that is capable of achieving MSY, based on the best available science.
Comments and Responses
NMFS received two comment submissions on Amendment 9 and the
proposed rule. One letter was from an individual that expressed support
for Amendment 9 and the proposed rule and the other submission was from
a Federal agency stating that they had no comments on Amendment 9 or
the proposed rule. No other comments were received. NMFS agrees with
the individual commenter that this amendment will help protect
overwintering white shrimp.
Changes From the Proposed Rule
On April 17, 2013, NMFS published in the Federal Register an
interim final rule to reorganize the regulations in 50 CFR part 622 for
the Gulf of Mexico, South Atlantic, and the Caribbean (78 FR 22950).
That interim final rule did not create any new rights or obligations;
it reorganized the existing regulatory requirements in the Code of
Federal Regulations into a new format. This final rule incorporates
this new format but does not change the specific regulatory measures
that were discussed in the proposed rule. As a result of this
reorganization, the shrimp cold weather closure regulatory text
previously located at Sec. 622.35(d) is now located at Sec.
622.206(a).
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
that this final rule is necessary to more efficiently manage the
penaeid shrimp resource, and is consistent with the Magnuson-Stevens
Act and other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. No duplicative, overlapping, or
conflicting Federal rules have been identified. This final rule would
not establish any new reporting or record-keeping requirements.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule is not repeated here. No comments were received regarding
this certification. As a result, a regulatory flexibility analysis was
not required and none was prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 4, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, Performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
[FR Doc. 2013-13692 Filed 6-12-13; 8:45 am]
BILLING CODE 3510-22-P
