Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Reduction, 3136-3137 [2014-00904]

Download as PDF pmangrum on DSK3VPTVN1PROD with RULES 3136 Federal Register / Vol. 79, No. 12 / Friday, January 17, 2014 / Rules and Regulations Inc., 445 12th Street SW., Room CY– B402, Washington, DC 20554, telephone 1–800–378–3160 or via email www.BCPIWEB.com. The Commission will send a copy of this Memorandum Opinion and Order in a report to be sent to Congress and the Governmental Accountability Office, pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104– 13. In addition, therefore, it does not contain any proposed information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding. Earlier in this proceeding, the Bureau comparatively evaluated conflicting proposals filed by Grenax and Univision and found that, under Priority 4 of the FM Allotment Priorities, Grenax’s proposal for a second local service at Munds Park was preferable to an increase in existing service at Wickenburg. Therefore, the Report and Order granted Grenax’s Counterproposal and dismissed Univision’s Petition for Rule Making and hybrid application (File No. BPH–20080915AFP). See Report and Order, 78 FR 16816, March 19, 2013. Under the settlement, Grenax agrees to withdraw its Counterproposal for the Munds Park allotment and to implement an Order to Show Cause to change the frequency of its Station KBTK(FM), Kachina Village, Arizona, to accommodate the grant of Univision’s application for an upgrade of its Station KHOV–FM, Wickenburg, from Channel 287C2 to Channel 286C0 at a new transmitter site. In return, Univision agrees to reimburse Grenax $59,628 for its legitimate and prudent expenses incurred for prosecution of its Counterproposal and for the negotiation and settlement process and an estimated $101,112 for its reasonable expenses that will be incurred in changing Station’s KBTK(FM)’s frequency. The Bureau finds that the settlement agreement complies with Section 1.420(j) of the Commission’s Rules because Grenax is withdrawing its Counterproposal in return for reimbursement of its legitimate and prudent expenses that have been incurred or will be incurred under our Circleville guidelines. It also determines that the dismissal of Grenax’s associated VerDate Mar<15>2010 14:02 Jan 16, 2014 Jkt 232001 application (File No. BNPH– 20120221ACZ) for a new station at Munds Park does not require republication of local notice under Section 73.3525(b) because the dismissal would not unduly impede the principles of Section 307(b) of the Communications Act as Munds Park, a small community with a population of 631 persons, already has one local service. Additionally, the Section 307(b) preference was made under Priority 4. The Bureau further concludes that grant of Univision’s application (File No. BPH–20080915AFP) will serve the public interest because it will provide a net gain of service to 1,294,275 persons with no loss of service. To accommodate Univision’s application, the Bureau grants the allotments proposed in the Petition for Rule Making. First, the Bureau modifies the license of Station KBTK(FM), Kachina Village, to specify operation on Channel 246C2 in lieu of Channel 286C2. Second, it substitutes Channel 228C2 for vacant Channel 286C2 at Ehrenberg, Arizona at reference coordinates of 33–36–54 NL and 114– 24–14 WL. Third, the Bureau retains Channel 281C at First Mesa, Arizona, at reference coordinates of 35–41–09 NL and 110–21–43 WL because this channel was already substituted for vacant Channel 247C at First Mesa in the Report and Order. Due to changes to the Commission’s processing rules, modifications of FM channels for existing stations are reflected in the Media Bureau’s Consolidated Data Base System (‘‘CDBS’’) instead of being listed in Section 73.202(b). See Revision of Procedures Governing Amendments to FM Table of Allotments and Changes of Community of License in the Radio Broadcast Services, Report and Order, 21 FR 76208, December 20, 2006. Accordingly, the CDBS will reflect Channel 286C0 at Wickenburg, Arizona, as the reserved assignment for Station KHOV–FM in lieu of Channel 287C2, and Channel 246C2 at Kachina Village, Arizona, as the reserved assignment for Station KBTK(FM) in lieu of Channel 286C2. List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. Federal Communications Commission. Nazifa Sawez, Assistant Chief, Audio Division, Media Bureau. As stated in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: ■ Authority: 47 U.S.C. 154, 303, 334, 336. § 73.202 [Amended] 2. Section 73.202(b), the Table of FM Allotments under Arizona, is amended by removing Channel 286C2 at Ehrenberg and by adding Channel 228C2 at Ehrenberg, and by removing Munds Park, Channel 246C2. ■ [FR Doc. 2014–00771 Filed 1–16–14; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 101206604–1758–02] RIN 0648–XD078 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Reduction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; trip limit reduction. AGENCY: NMFS reduces the commercial trip limit of Atlantic migratory group Spanish mackerel in or from the exclusive economic zone (EEZ) in the Atlantic migratory group southern zone to 1,500 lb (680 kg), round weight, per day. This trip limit reduction is necessary to maximize the socioeconomic benefits of the quota. DATES: Effective 6 a.m., local time, January 17, 2014, until 12:01 a.m., local time, March 1, 2014, unless changed by subsequent notification in the Federal Register. SUMMARY: FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727–824– 5305, or 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 E:\FR\FM\17JAR1.SGM 17JAR1 Federal Register / Vol. 79, No. 12 / Friday, January 17, 2014 / Rules and Regulations pmangrum on DSK3VPTVN1PROD with RULES implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) by regulations at 50 CFR part 622. Amendment 18 to the FMP (76 FR 82058, December 29, 2011) implemented a commercial annual catch limit (equal to the commercial quota) of 3.13 million lb (1.42 million kg) for the Atlantic migratory group of Spanish mackerel. Atlantic migratory group Spanish mackerel are divided into a northern and southern zone for management purposes. The southern zone for Atlantic migratory group Spanish mackerel extends from 30°42′45.6″ N. lat., which is a line directly east from the Georgia/Florida boundary, to 25°20.4′ N. lat., which is a line directly east from the Miami-Dade/ Monroe County, Florida, boundary. For the southern zone, seasonally variable trip limits are based on an adjusted commercial quota of 2.88 million lb (1.31 million kg). The adjusted commercial quota is calculated to allow continued harvest in the southern zone at a set rate for the remainder of the current fishing year, February 28, 2014, in accordance with 50 CFR 622.385(b)(2). As specified at 50 CFR 622.385(b)(1)(ii)(B), beginning December 1, annually, the trip limit is unlimited on weekdays and limited to 1,500 lb (680 kg) of Spanish mackerel per day on weekends. As specified at 50 CFR 622.385(b)(1)(ii)(C), after 75 percent of the adjusted commercial quota of Atlantic migratory group Spanish mackerel is taken until 100 percent of the adjusted commercial quota is taken, Spanish mackerel in or from the EEZ in the southern zone may not be possessed on board or landed from a permitted vessel in amounts exceeding 1,500 lb (680 kg) per day. NMFS has determined that 75 percent of the adjusted commercial quota for Atlantic group Spanish mackerel has been taken. Accordingly, the 1,500-lb (680-kg) per day commercial trip limit applies to Spanish mackerel in or from the EEZ in the southern zone effective 6 a.m., local time, January 17, 2014, until 12:01 a.m., local time, March 1, 2014, unless changed by subsequent notification in the Federal Register. the Magnuson-Stevens Act and other applicable laws. This action is taken under 50 CFR 622.385(b)(1)(ii)(C) 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. Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for Fisheries, NOAA, (AA), finds good cause to waive the requirements to provide prior notice and the opportunity for public comment on this temporary rule. Such procedures are unnecessary because the rule itself has already been subject to notice and comment, and all that remains is to notify the public of the trip limit reduction. Allowing prior notice and opportunity for public comment is contrary to the public interest because of the need to immediately implement this action to protect the Atlantic migratory group Spanish mackerel resource because the capacity of the commercial fleet allows for rapid harvest of the quota. Prior notice and opportunity for public comment would require time and could potentially result in a harvest well in excess of the established quota. For the aforementioned reasons, the AA also finds good cause to waive the 30-day delay in effectiveness of this action under 5 U.S.C. 553(d)(3). Classification The Regional Administrator, Southeast Region, NMFS, has determined this temporary rule is necessary for the conservation and management of Atlantic migratory group Spanish mackerel and is consistent with Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer VerDate Mar<15>2010 14:02 Jan 16, 2014 Jkt 232001 Authority: 16 U.S.C. 1801 et seq. Dated: January 14, 2014. Sean F. Corson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2014–00904 Filed 1–14–14; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 121009528–2729–02] RIN 0648–XD063 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 ACTION: 3137 Temporary rule; quota transfer. NMFS announces that the State of North Carolina is transferring a portion of its 2013 commercial summer flounder quota to the Commonwealth of Virginia. NMFS is adjusting the quotas and announcing the revised commercial quota for each state involved. DATES: Effective January 17, 2014. The quota transfer is applicable from December 3, 2013, through December 31, 2013. FOR FURTHER INFORMATION CONTACT: Carly Bari, Fishery Management Specialist, 978–281–9224. SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder fishery are in 50 CFR part 648, and require annual specification of a commercial quota that is apportioned among the coastal states from North Carolina through Maine. The process to set the annual commercial quota and the percent allocated to each state are described in § 648.102. The final rule implementing Amendment 5 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, which was published on December 17, 1993 (58 FR 65936), provided a mechanism for summer flounder quota to be transferred from one state to another. Two or more states, under mutual agreement and with the concurrence of the Administrator, Northeast Region, NMFS (Regional Administrator), can transfer or combine summer flounder commercial quota under § 648.102(c)(2). The Regional Administrator is required to consider the criteria in § 648.102(c)(2)(i) to evaluate requests for quota transfers or combinations. North Carolina has agreed to transfer 29,373 lb (13,323 kg) of its 2013 commercial quota to Virginia. This transfer was prompted by summer flounder landings of four North Carolina vessels that were granted safe harbor in Virginia due to mechanical failures between December 3, 2013, and December 16, 2013, thereby requiring a quota transfer to account for an increase in Virginia’s landings that would have otherwise accrued against the North Carolina quota. The Regional Administrator has determined that the criteria set forth in § 648.102(c)(2)(i) have been met. The revised summer flounder commercial quotas for calendar year 2013 are: North Carolina, 373,400 lb (169,371 kg); and Virginia, 5,314,380 lb (2,410,562 kg). SUMMARY: E:\FR\FM\17JAR1.SGM 17JAR1

Agencies

[Federal Register Volume 79, Number 12 (Friday, January 17, 2014)]
[Rules and Regulations]
[Pages 3136-3137]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00904]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 101206604-1758-02]
RIN 0648-XD078


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

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

ACTION: Temporary rule; trip limit reduction.

-----------------------------------------------------------------------

SUMMARY: NMFS reduces the commercial trip limit of Atlantic migratory 
group Spanish mackerel in or from the exclusive economic zone (EEZ) in 
the Atlantic migratory group southern zone to 1,500 lb (680 kg), round 
weight, per day. This trip limit reduction is necessary to maximize the 
socioeconomic benefits of the quota.

DATES: Effective 6 a.m., local time, January 17, 2014, until 12:01 
a.m., local time, March 1, 2014, unless changed by subsequent 
notification in the Federal Register.

FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727-824-
5305, or 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

[[Page 3137]]

implemented under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) by regulations 
at 50 CFR part 622.
    Amendment 18 to the FMP (76 FR 82058, December 29, 2011) 
implemented a commercial annual catch limit (equal to the commercial 
quota) of 3.13 million lb (1.42 million kg) for the Atlantic migratory 
group of Spanish mackerel. Atlantic migratory group Spanish mackerel 
are divided into a northern and southern zone for management purposes. 
The southern zone for Atlantic migratory group Spanish mackerel extends 
from 30[deg]42'45.6'' N. lat., which is a line directly east from the 
Georgia/Florida boundary, to 25[deg]20.4' N. lat., which is a line 
directly east from the Miami-Dade/Monroe County, Florida, boundary.
    For the southern zone, seasonally variable trip limits are based on 
an adjusted commercial quota of 2.88 million lb (1.31 million kg). The 
adjusted commercial quota is calculated to allow continued harvest in 
the southern zone at a set rate for the remainder of the current 
fishing year, February 28, 2014, in accordance with 50 CFR 
622.385(b)(2). As specified at 50 CFR 622.385(b)(1)(ii)(B), beginning 
December 1, annually, the trip limit is unlimited on weekdays and 
limited to 1,500 lb (680 kg) of Spanish mackerel per day on weekends. 
As specified at 50 CFR 622.385(b)(1)(ii)(C), after 75 percent of the 
adjusted commercial quota of Atlantic migratory group Spanish mackerel 
is taken until 100 percent of the adjusted commercial quota is taken, 
Spanish mackerel in or from the EEZ in the southern zone may not be 
possessed on board or landed from a permitted vessel in amounts 
exceeding 1,500 lb (680 kg) per day.
    NMFS has determined that 75 percent of the adjusted commercial 
quota for Atlantic group Spanish mackerel has been taken. Accordingly, 
the 1,500-lb (680-kg) per day commercial trip limit applies to Spanish 
mackerel in or from the EEZ in the southern zone effective 6 a.m., 
local time, January 17, 2014, until 12:01 a.m., local time, March 1, 
2014, unless changed by subsequent notification in the Federal 
Register.

Classification

    The Regional Administrator, Southeast Region, NMFS, has determined 
this temporary rule is necessary for the conservation and management of 
Atlantic migratory group Spanish mackerel and is consistent with the 
Magnuson-Stevens Act and other applicable laws.
    This action is taken under 50 CFR 622.385(b)(1)(ii)(C) 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.
    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA, (AA), finds good cause to waive the requirements to 
provide prior notice and the opportunity for public comment on this 
temporary rule. Such procedures are unnecessary because the rule itself 
has already been subject to notice and comment, and all that remains is 
to notify the public of the trip limit reduction.
    Allowing prior notice and opportunity for public comment is 
contrary to the public interest because of the need to immediately 
implement this action to protect the Atlantic migratory group Spanish 
mackerel resource because the capacity of the commercial fleet allows 
for rapid harvest of the quota. Prior notice and opportunity for public 
comment would require time and could potentially result in a harvest 
well in excess of the established quota.
    For the aforementioned reasons, the AA also finds good cause to 
waive the 30-day delay in effectiveness of this action under 5 U.S.C. 
553(d)(3).

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

    Dated: January 14, 2014.
Sean F. Corson,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2014-00904 Filed 1-14-14; 4:15 pm]
BILLING CODE 3510-22-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.