Atlantic Highly Migratory Species; Commercial Gulf of Mexico Aggregated Large Coastal Shark and Gulf of Mexico Hammerhead Shark Management Groups, 42021-42022 [2013-16882]

Download as PDF Federal Register / Vol. 78, No. 135 / Monday, July 15, 2013 / Rules and Regulations methods under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this final action does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because the SIP obligations discussed herein do not apply to Indian Tribes, and thus this action will not impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by September 13, 2013. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Nitrogen oxides, Particulate Matter, Sulfur oxides, Reporting and recordkeeping requirements. Dated: June 28, 2013. Alexis Strauss, Acting Regional Administrator, Region IX. mstockstill on DSK4VPTVN1PROD with RULES 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. VerDate Mar<15>2010 17:20 Jul 12, 2013 Jkt 229001 2. Section 52.247 is amended by adding paragraph (c) to read as follows: ■ § 52.247 Control Strategy and Regulations: Fine Particle Matter. * * * * * (c) Determination of Attainment: Effective August 14, 2013, EPA has determined that, based on 2010 to 2012 ambient air quality data, the Sacramento PM2.5 nonattainment area has attained the 2006 24-hour PM2.5 NAAQS. This determination suspends the requirements for this area to submit an attainment demonstration, associated reasonably available control measures, a reasonable further progress plan, contingency measures, and other planning SIPs related to attainment for as long as this area continues to attain the 2006 24-hour PM2.5 NAAQS. If EPA determines, after notice-and-comment rulemaking, that this area no longer meets the 2006 24-hour PM2.5 NAAQS, the corresponding determination of attainment for that area shall be withdrawn. [FR Doc. 2013–16785 Filed 7–12–13; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 120706221–2705–02] RIN 0648–XC748 Atlantic Highly Migratory Species; Commercial Gulf of Mexico Aggregated Large Coastal Shark and Gulf of Mexico Hammerhead Shark Management Groups National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is closing the commercial management groups for aggregated large coastal sharks (LCS) and hammerhead sharks in the Gulf of Mexico region. This action is necessary because the commercial landings of Gulf of Mexico aggregated LCS for the 2012 fishing season has exceeded 80 percent of the available commercial quota as of July 5, 2013. DATES: The commercial Gulf of Mexico aggregated LCS and Gulf of Mexico hammerhead shark management groups are closed effective 11:30 p.m. local SUMMARY: Part 52, Chapter I, Title 40 of the Code of Federal Regulations is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Subpart F—California PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 42021 time, July 17, 2013, until the end of the 2013 fishing season on December 31, 2013 or if NMFS announces, via a notice in the Federal Register, that additional quota is available and the season is reopened. FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Peter Cooper 301–427–8503; fax 301–713–1917. SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed under the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP), its amendments, and its implementing regulations (50 CFR part 635) issued under authority of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). Under § 635.5(b)(1), sharks that are first received by dealers from a vessel must be submitted electronically on a weekly basis through a NMFS-approved electronic reporting system by the dealer and received by NMFS no later than midnight, local time, of the first Tuesday following the end of the reporting week unless the dealer is otherwise notified by NMFS. Under § 635.28(b)(2), when NMFS calculates that the landings for any species and/or management group of a linked group has reached or is projected to reach 80 percent of the available quota, NMFS will file for publication with the Office of the Federal Register a notice of closure for all of the species and/or management groups in a linked group that will be effective no fewer than 5 days from date of filing. From the effective date and time of the closure until NMFS announces, via a notice in the Federal Register, that additional quota is available and the season is reopened, the fishery for all linked species and/or management groups is closed, even across fishing years. On July 3, 2013 (78 FR 40318), NMFS announced the final rule for Amendment 5a to the Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP), which, among other things, established new, final adjusted 2013 quotas for aggregated LCS and hammerhead sharks in the Gulf of Mexico region. The Gulf of Mexico aggregated LCS management group quota is 157.5 metric tons (mt) dressed weight (dw) (347,317 lb dw), and the Gulf of Mexico hammerhead shark management group quota is 25.3 metric tons (mt) dressed weight (dw) (55,722 lb dw). Dealer reports recently received through July 5, 2013, indicate that 128.7 mt dw or 82 percent of the available Gulf of Mexico aggregated LCS quota has been landed, and that 9.2 mt E:\FR\FM\15JYR1.SGM 15JYR1 mstockstill on DSK4VPTVN1PROD with RULES 42022 Federal Register / Vol. 78, No. 135 / Monday, July 15, 2013 / Rules and Regulations dw or 37 percent of the available Gulf of Mexico hammerhead shark quota has been landed. Based on these dealer reports, NMFS estimates that the 80percent limit specified for a closure notice in the regulations has been reached or exceeded. Accordingly, NMFS is closing both the commercial aggregated LCS and hammerhead management groups in the Gulf of Mexico region as of 11:30 p.m. local time, July 17, 2013. All other shark management groups remain open, except for the commercial porbeagle shark management group, which did not open in 2013 (78 FR 75896), and the commercial Gulf of Mexico blacktip shark management group, which closed on July 7, 2013 (78 FR 40318). At § 635.27(b)(1), the boundary between the Gulf of Mexico region and the Atlantic region is defined as a line beginning on the East Coast of Florida at the mainland at 25°20.4′ N. lat, proceeding due east. Any water and land to the south and west of that boundary is considered, for the purposes of quota monitoring and setting of quotas, to be within the Gulf of Mexico region. During the closure, retention of aggregated LCS and hammerhead sharks in the Gulf of Mexico region is prohibited for persons fishing aboard vessels issued a commercial shark limited access permit under § 635.4— unless, that is, the vessel is properly permitted to operate as a charter vessel or headboat for HMS and is engaged in a for-hire trip, in which case the recreational retention limits for sharks and ‘‘no sale’’ provisions apply (§ 635.22(a) and (c)), or if the vessel possesses a valid shark research permit under § 635.32 and a NMFS-approved observer is onboard. A shark dealer issued a permit pursuant to § 635.4 may not purchase or receive aggregated LCS and/or hammerhead sharks in the Gulf of Mexico region from a vessel issued an Atlantic Shark Limited Access Permit (LAP), except that a permitted shark dealer or processor may possess aggregated LCS and/or hammerhead sharks in the Gulf of Mexico region that were harvested, off-loaded, and sold, traded, or bartered, prior to the effective date of the closure and were held in storage consistent with § 635.28(b)(5). However, a permitted shark dealer or processor may possess aggregated LCS and/or hammerhead sharks in the Gulf of Mexico region that were harvested by a vessel issued a valid shark research fishery permit per § 635.32 with a NMFS-approved observer onboard during the trip the sharks were taken on as long as the non-sandbar shark research fishery remains open. Under VerDate Mar<15>2010 17:20 Jul 12, 2013 Jkt 229001 this closure, a shark dealer issued a permit pursuant to § 635.4 may, in accordance with state regulations, purchase or receive aggregated LCS and/ or hammerhead sharks in the Gulf of Mexico region if the sharks were harvested, off-loaded, and sold, traded, or bartered from a vessel that fishes only in state waters and that has not been issued an Atlantic Shark LAP, HMS Angling permit, or HMS Charter/ Headboat permit pursuant to § 635.4. Dated: July 10, 2013. Galen Tromble, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. NMFS is prohibiting retention of ‘‘other rockfish’’ in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2013 total allowable catch of ‘‘other rockfish’’ in the Western Regulatory Area of the GOA has been reached. DATES: Effective 1200 hours, Alaska local time (A.l.t.), July 9, 2013, through 2400 hours, A.l.t., December 31, 2013. FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907–586–7269. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens 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 2013 total allowable catch (TAC) of ‘‘other rockfish’’ in the Western Regulatory Area of the GOA is 44 metric tons as established by the final 2013 and 2014 harvest specifications for groundfish of the GOA (78 FR 13162, February 26, 2013). In accordance with § 679.20(d)(2), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2013 TAC of ‘‘other rockfish’’ in the Western Regulatory Area of the GOA has been reached. Therefore, NMFS is requiring that ‘‘other rockfish’’ caught in the Western Regulatory Area of the GOA be treated as prohibited species in accordance with § 679.21(b). [FR Doc. 2013–16882 Filed 7–12–13; 8:45 am] Classification BILLING CODE 3510–22–P This action responds to the best available information recently obtained from the fishery. The Acting 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) 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 prohibiting the retention of ‘‘other rockfish’’ in the Western Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of July 8, 2013. Classification Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for Fisheries, NOAA (AA), finds that providing prior notice and public comment for this action is impracticable and contrary to the public interest because the fishery is currently underway and any delay in this action would result in overharvest of the quota and be inconsistent with management requirements and objectives. Similarly, affording prior notice and opportunity for public comment on this action is contrary to the public interest because if the quota is exceeded, the stock may be negatively affected and fishermen ultimately could experience reductions in the available quota and a lack of fishing opportunities in future seasons. For these reasons, the AA also finds good cause to waive the 30-day delay in effective date pursuant to 5 U.S.C. 553(d)(3). This action is required under § 635.28(b)(2) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 120918468–3111–02] RIN 0648–XC753 Fisheries of the Exclusive Economic Zone Off Alaska; ‘‘Other Rockfish’’ in the Western Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 SUMMARY: E:\FR\FM\15JYR1.SGM 15JYR1

Agencies

[Federal Register Volume 78, Number 135 (Monday, July 15, 2013)]
[Rules and Regulations]
[Pages 42021-42022]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16882]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 120706221-2705-02]
RIN 0648-XC748


Atlantic Highly Migratory Species; Commercial Gulf of Mexico 
Aggregated Large Coastal Shark and Gulf of Mexico Hammerhead Shark 
Management Groups

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

ACTION: Temporary rule; closure.

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SUMMARY: NMFS is closing the commercial management groups for 
aggregated large coastal sharks (LCS) and hammerhead sharks in the Gulf 
of Mexico region. This action is necessary because the commercial 
landings of Gulf of Mexico aggregated LCS for the 2012 fishing season 
has exceeded 80 percent of the available commercial quota as of July 5, 
2013.

DATES: The commercial Gulf of Mexico aggregated LCS and Gulf of Mexico 
hammerhead shark management groups are closed effective 11:30 p.m. 
local time, July 17, 2013, until the end of the 2013 fishing season on 
December 31, 2013 or if NMFS announces, via a notice in the Federal 
Register, that additional quota is available and the season is 
reopened.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz or Peter Cooper 
301-427-8503; fax 301-713-1917.

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the 2006 Consolidated Atlantic Highly Migratory Species (HMS) 
Fishery Management Plan (FMP), its amendments, and its implementing 
regulations (50 CFR part 635) issued under authority of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.).
    Under Sec.  635.5(b)(1), sharks that are first received by dealers 
from a vessel must be submitted electronically on a weekly basis 
through a NMFS-approved electronic reporting system by the dealer and 
received by NMFS no later than midnight, local time, of the first 
Tuesday following the end of the reporting week unless the dealer is 
otherwise notified by NMFS. Under Sec.  635.28(b)(2), when NMFS 
calculates that the landings for any species and/or management group of 
a linked group has reached or is projected to reach 80 percent of the 
available quota, NMFS will file for publication with the Office of the 
Federal Register a notice of closure for all of the species and/or 
management groups in a linked group that will be effective no fewer 
than 5 days from date of filing. From the effective date and time of 
the closure until NMFS announces, via a notice in the Federal Register, 
that additional quota is available and the season is reopened, the 
fishery for all linked species and/or management groups is closed, even 
across fishing years.
    On July 3, 2013 (78 FR 40318), NMFS announced the final rule for 
Amendment 5a to the Consolidated Atlantic Highly Migratory Species 
(HMS) Fishery Management Plan (FMP), which, among other things, 
established new, final adjusted 2013 quotas for aggregated LCS and 
hammerhead sharks in the Gulf of Mexico region. The Gulf of Mexico 
aggregated LCS management group quota is 157.5 metric tons (mt) dressed 
weight (dw) (347,317 lb dw), and the Gulf of Mexico hammerhead shark 
management group quota is 25.3 metric tons (mt) dressed weight (dw) 
(55,722 lb dw). Dealer reports recently received through July 5, 2013, 
indicate that 128.7 mt dw or 82 percent of the available Gulf of Mexico 
aggregated LCS quota has been landed, and that 9.2 mt

[[Page 42022]]

dw or 37 percent of the available Gulf of Mexico hammerhead shark quota 
has been landed. Based on these dealer reports, NMFS estimates that the 
80-percent limit specified for a closure notice in the regulations has 
been reached or exceeded. Accordingly, NMFS is closing both the 
commercial aggregated LCS and hammerhead management groups in the Gulf 
of Mexico region as of 11:30 p.m. local time, July 17, 2013. All other 
shark management groups remain open, except for the commercial 
porbeagle shark management group, which did not open in 2013 (78 FR 
75896), and the commercial Gulf of Mexico blacktip shark management 
group, which closed on July 7, 2013 (78 FR 40318).
    At Sec.  635.27(b)(1), the boundary between the Gulf of Mexico 
region and the Atlantic region is defined as a line beginning on the 
East Coast of Florida at the mainland at 25[deg]20.4' N. lat, 
proceeding due east. Any water and land to the south and west of that 
boundary is considered, for the purposes of quota monitoring and 
setting of quotas, to be within the Gulf of Mexico region.
    During the closure, retention of aggregated LCS and hammerhead 
sharks in the Gulf of Mexico region is prohibited for persons fishing 
aboard vessels issued a commercial shark limited access permit under 
Sec.  635.4--unless, that is, the vessel is properly permitted to 
operate as a charter vessel or headboat for HMS and is engaged in a 
for-hire trip, in which case the recreational retention limits for 
sharks and ``no sale'' provisions apply (Sec.  635.22(a) and (c)), or 
if the vessel possesses a valid shark research permit under Sec.  
635.32 and a NMFS-approved observer is onboard. A shark dealer issued a 
permit pursuant to Sec.  635.4 may not purchase or receive aggregated 
LCS and/or hammerhead sharks in the Gulf of Mexico region from a vessel 
issued an Atlantic Shark Limited Access Permit (LAP), except that a 
permitted shark dealer or processor may possess aggregated LCS and/or 
hammerhead sharks in the Gulf of Mexico region that were harvested, 
off-loaded, and sold, traded, or bartered, prior to the effective date 
of the closure and were held in storage consistent with Sec.  
635.28(b)(5).
    However, a permitted shark dealer or processor may possess 
aggregated LCS and/or hammerhead sharks in the Gulf of Mexico region 
that were harvested by a vessel issued a valid shark research fishery 
permit per Sec.  635.32 with a NMFS-approved observer onboard during 
the trip the sharks were taken on as long as the non-sandbar shark 
research fishery remains open. Under this closure, a shark dealer 
issued a permit pursuant to Sec.  635.4 may, in accordance with state 
regulations, purchase or receive aggregated LCS and/or hammerhead 
sharks in the Gulf of Mexico region if the sharks were harvested, off-
loaded, and sold, traded, or bartered from a vessel that fishes only in 
state waters and that has not been issued an Atlantic Shark LAP, HMS 
Angling permit, or HMS Charter/Headboat permit pursuant to Sec.  635.4.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA (AA), finds that providing prior notice and public 
comment for this action is impracticable and contrary to the public 
interest because the fishery is currently underway and any delay in 
this action would result in overharvest of the quota and be 
inconsistent with management requirements and objectives. Similarly, 
affording prior notice and opportunity for public comment on this 
action is contrary to the public interest because if the quota is 
exceeded, the stock may be negatively affected and fishermen ultimately 
could experience reductions in the available quota and a lack of 
fishing opportunities in future seasons. For these reasons, the AA also 
finds good cause to waive the 30-day delay in effective date pursuant 
to 5 U.S.C. 553(d)(3). This action is required under Sec.  635.28(b)(2) 
and is exempt from review under Executive Order 12866.

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

    Dated: July 10, 2013.
Galen Tromble,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2013-16882 Filed 7-12-13; 8:45 am]
BILLING CODE 3510-22-P

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