Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; 2016 Commercial Run-Around Gillnet Closure, 12826-12827 [2016-05482]
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asabaliauskas on DSK3SPTVN1PROD with RULES
12826
Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Rules and Regulations
is not a ‘‘significant regulatory action’’
and therefore is not subject to review by
the Office of Management and Budget.
For this reason, this action is also not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001). This action merely makes a
technical amendment and gives notice
of a partial delegation of administrative
authority. Accordingly, the
Administrator certifies that this rule
will not have a significant economic
impact on a substantial number of small
entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). This rule does
not contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4).
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 6, 2000), requires the
EPA to develop an accountable process
to ensure ‘‘meaningful and timely input
by tribal officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
government and Indian tribes.’’ Under
section 5(b) of Executive Order 13175,
the EPA may not issue a regulation that
has tribal implications, that imposes
substantial direct compliance costs, and
that is not required by statute, unless
the Federal government provides the
funds necessary to pay the direct
compliance costs incurred by tribal
governments, or the EPA consults with
tribal officials early in the process of
developing the proposed regulation.
Under section 5(c) of Executive Order
13175, the EPA may not issue a
regulation that has tribal implications
and that preempts tribal law, unless the
Agency consults with tribal officials
early in the process of developing the
regulation. The EPA has concluded that
this rule may have tribal implications.
The EPA’s action fulfills a requirement
to publish a notice announcing partial
delegation of administrative authority to
the Confederated Tribes of the Colville
Reservation and noting the partial
delegation in the CFR. However, it will
neither impose substantial direct
compliance costs on tribal governments,
nor preempt tribal law. Thus, the
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requirements of sections 5(b) and 5(c) of
the Executive Order do not apply to this
rule.
This action also does not have
Federalism implications because it does
not have substantial direct effects on the
states, on the relationship between the
national government and the states, or
on the distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999). This technical
amendment merely notes that partial
delegation of administrative authority to
the Confederated Tribes of the Colville
Reservation is in effect. This rule also is
not subject to Executive Order 13045,
‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997),
because it is not economically
significant.
This action does not involve technical
standards; thus, the requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not
apply. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
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. The EPA will
submit a report containing this rule 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 Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by May 10, 2016.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this rule 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))
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List of Subjects in 40 CFR Part 49
Environmental protection,
Administrative practice and procedure,
Air pollution control, Indians,
Intergovernmental relations, Reporting
and recordkeeping requirements.
Dated: February 29, 2016.
Dennis J. McLerran,
Regional Administrator, Region 10.
Chapter I, title 40 of the Code of
Federal Regulations is amended as
follows:
PART 49—INDIAN COUNTRY; AIR
QUALITY PLANNING AND
MANAGEMENT
1. The authority citation for part 49
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart M—Implementation Plans for
Tribes—Region X
2. Section 49.9960 is amended by
adding a note to the end of the section
to read as follows:
■
§ 49.9960 Federally-promulgated
regulations and Federal implementation
plans.
*
*
*
*
*
Note to § 49.9960: The EPA entered into a
Partial Delegation of Administrative
Authority with the Confederated Tribes of
the Colville Reservation on October 26, 2015
for the rules listed in paragraphs (b), (i), and
(k) of this section.
[FR Doc. 2016–05556 Filed 3–10–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 101206604–1758–02]
RIN 0648–XE406
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Coastal
Migratory Pelagic Resources of the
Gulf of Mexico and South Atlantic;
2016 Commercial Run-Around Gillnet
Closure
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements an
accountability measure (AM) through
this temporary rule for commercial
harvest of king mackerel in the Florida
SUMMARY:
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asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 48 / Friday, March 11, 2016 / Rules and Regulations
west coast southern subzone of the
eastern zone of the Gulf of Mexico (Gulf)
exclusive economic zone (EEZ) using
run-around gillnet gear. NMFS has
determined that the commercial annual
catch limit (ACL; commercial quota) for
king mackerel using run-around gillnet
gear in the Florida west coast southern
subzone of the Gulf EEZ will be reached
by March 11, 2016. Therefore, NMFS
closes the Florida west coast southern
subzone to commercial king mackerel
fishing using run-around gillnet gear in
the Gulf EEZ. This closure is necessary
to protect the Gulf king mackerel
resource.
DATES: The closure is effective from
12:01 p.m., eastern standard time,
March 11, 2016, until 6 a.m., eastern
standard time, January 17, 2017.
FOR FURTHER INFORMATION CONTACT:
Susan Gerhart, NMFS Southeast
Regional Office, telephone: 727–824–
5305, 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 and is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
Gulf migratory group king mackerel’s
Florida west coast subzone of the Gulf
eastern zone is divided into northern
and southern subzones, each with
separate commercial quotas. From
November 1 through March 31, the
southern subzone encompasses an area
of the EEZ south of a line extending due
west of the Lee and Collier County, FL,
boundary on the Florida west coast, and
south of a line extending due east of the
Monroe and Miami-Dade County, FL,
boundary on the Florida east coast,
which includes the EEZ off Collier and
Monroe Counties, FL. From April 1
through October 31, the southern
subzone is reduced to the EEZ off
Collier County, and the EEZ off Monroe
County becomes part of the Atlantic
migratory group area (50 CFR
622.369(a)(1)(ii)(A)(2)).
The commercial quota for the Gulf
migratory group king mackerel in the
Florida west coast southern subzone is
551,448 lb (250,133 kg) for vessels using
run-around gillnet gear (50 CFR
622.384(b)(1)(i)(B)(1)), for the current
fishing year, July 1, 2015, through June
30, 2016.
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Regulations at 50 CFR 622.8(b) and
622.388(a)(1) require NMFS to close any
segment of the king mackerel
commercial sector when its quota has
been reached, or is projected to be
reached, by filing a notification with the
Office of the Federal Register. NMFS has
determined that the commercial quota
of 551,448 lb (250,133 kg) for Gulf group
king mackerel for vessels using runaround gillnet gear in the Florida west
coast southern subzone will be reached
by March 11, 2016. Accordingly,
commercial fishing using such gear in
the Florida west coast southern subzone
is closed at 12:01 p.m., eastern standard
time, March 11, 2016, until 6 a.m.,
eastern standard time, January 17, 2017,
the beginning of the next fishing season,
i.e., the day after the 2017 Martin Luther
King, Jr. Federal holiday. Accordingly,
the operator of a vessel that has been
issued a Federal commercial permit to
harvest Gulf migratory group king
mackerel using run-around gillnet gear
in the Florida west coast southern
subzone must have landed ashore and
bartered, traded, or sold such king
mackerel prior to 12:01 p.m., eastern
standard time, March 11, 2016.
Persons aboard a vessel for which a
commercial permit for king mackerel
has been issued, except persons who
also possess a king mackerel gillnet
permit, may fish for or retain Gulf group
king mackerel harvested using hookand-line gear in the Florida west coast
southern subzone unless the
commercial quota for hook-and-line gear
has been met and the hook-and-line
segment of the commercial sector has
been closed. A person aboard a vessel
that has a valid charter vessel/headboat
permit for coastal migratory pelagic fish
may continue to retain king mackerel in
or from closed zones or subzones under
the bag and possession limits set forth
in 50 CFR 622.382(a)(1)(ii) and (a)(2),
provided the vessel is operating as a
charter vessel or headboat. A charter
vessel or headboat that also has a
commercial king mackerel permit is
considered to be operating as a charter
vessel or headboat when it carries a
passenger who pays a fee or when there
are more than three persons aboard,
including operator and crew.
During the closure, king mackerel
harvested using run-around gillnet gear
in the Florida west coast southern
subzone may not be purchased or sold.
This prohibition does not apply to king
mackerel harvested using run-around
gillnet gear in the Florida west coast
southern subzone that were harvested,
landed ashore, and sold prior to the
closure and were held in cold storage by
a dealer or processor.
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12827
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of Gulf migratory group
king mackerel and is consistent with the
Magnuson-Stevens Act and other
applicable laws.
This action is taken under 50 CFR
622.8(b) and 622.388(a)(1) 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.
This action responds to the best
scientific information available. The
Assistant Administrator for Fisheries,
NOAA (AA), finds that the need to
immediately implement this action to
close the segment of the fishery that
uses run-around gillnet gear constitutes
good cause to waive the requirements to
provide prior notice and opportunity for
public comment pursuant to the
authority set forth in 5 U.S.C. 553(b)(B),
because prior notice and opportunity for
public comment on this temporary rule
is unnecessary and contrary to the
public interest. Such procedures are
unnecessary, because the rule
implementing the commercial quota and
the associated requirement for closure of
the commercial harvest when the
commercial quota is reached or
projected to be reached has already been
subject to notice and comment, and all
that remains is to notify the public of
the closure. Prior notice and
opportunity for public comment is
contrary to the public interest, because
any delay in the closure of the
commercial harvest could result in the
commercial quota being exceeded.
There is a need to immediately
implement this action to protect the
king mackerel resource, because the
capacity of the fishing fleet allows for
rapid harvest of the quota. Prior notice
and opportunity for public comment on
this action would require time and
would 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 under 5
U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: March 7, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–05482 Filed 3–8–16; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 81, Number 48 (Friday, March 11, 2016)]
[Rules and Regulations]
[Pages 12826-12827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05482]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 101206604-1758-02]
RIN 0648-XE406
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Coastal Migratory Pelagic Resources of the Gulf of Mexico and South
Atlantic; 2016 Commercial Run-Around Gillnet Closure
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements an accountability measure (AM) through this
temporary rule for commercial harvest of king mackerel in the Florida
[[Page 12827]]
west coast southern subzone of the eastern zone of the Gulf of Mexico
(Gulf) exclusive economic zone (EEZ) using run-around gillnet gear.
NMFS has determined that the commercial annual catch limit (ACL;
commercial quota) for king mackerel using run-around gillnet gear in
the Florida west coast southern subzone of the Gulf EEZ will be reached
by March 11, 2016. Therefore, NMFS closes the Florida west coast
southern subzone to commercial king mackerel fishing using run-around
gillnet gear in the Gulf EEZ. This closure is necessary to protect the
Gulf king mackerel resource.
DATES: The closure is effective from 12:01 p.m., eastern standard time,
March 11, 2016, until 6 a.m., eastern standard time, January 17, 2017.
FOR FURTHER INFORMATION CONTACT: Susan Gerhart, NMFS Southeast Regional
Office, telephone: 727-824-5305, 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 and
is implemented by NMFS under the authority of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
Gulf migratory group king mackerel's Florida west coast subzone of
the Gulf eastern zone is divided into northern and southern subzones,
each with separate commercial quotas. From November 1 through March 31,
the southern subzone encompasses an area of the EEZ south of a line
extending due west of the Lee and Collier County, FL, boundary on the
Florida west coast, and south of a line extending due east of the
Monroe and Miami-Dade County, FL, boundary on the Florida east coast,
which includes the EEZ off Collier and Monroe Counties, FL. From April
1 through October 31, the southern subzone is reduced to the EEZ off
Collier County, and the EEZ off Monroe County becomes part of the
Atlantic migratory group area (50 CFR 622.369(a)(1)(ii)(A)(2)).
The commercial quota for the Gulf migratory group king mackerel in
the Florida west coast southern subzone is 551,448 lb (250,133 kg) for
vessels using run-around gillnet gear (50 CFR 622.384(b)(1)(i)(B)(1)),
for the current fishing year, July 1, 2015, through June 30, 2016.
Regulations at 50 CFR 622.8(b) and 622.388(a)(1) require NMFS to
close any segment of the king mackerel commercial sector when its quota
has been reached, or is projected to be reached, by filing a
notification with the Office of the Federal Register. NMFS has
determined that the commercial quota of 551,448 lb (250,133 kg) for
Gulf group king mackerel for vessels using run-around gillnet gear in
the Florida west coast southern subzone will be reached by March 11,
2016. Accordingly, commercial fishing using such gear in the Florida
west coast southern subzone is closed at 12:01 p.m., eastern standard
time, March 11, 2016, until 6 a.m., eastern standard time, January 17,
2017, the beginning of the next fishing season, i.e., the day after the
2017 Martin Luther King, Jr. Federal holiday. Accordingly, the operator
of a vessel that has been issued a Federal commercial permit to harvest
Gulf migratory group king mackerel using run-around gillnet gear in the
Florida west coast southern subzone must have landed ashore and
bartered, traded, or sold such king mackerel prior to 12:01 p.m.,
eastern standard time, March 11, 2016.
Persons aboard a vessel for which a commercial permit for king
mackerel has been issued, except persons who also possess a king
mackerel gillnet permit, may fish for or retain Gulf group king
mackerel harvested using hook-and-line gear in the Florida west coast
southern subzone unless the commercial quota for hook-and-line gear has
been met and the hook-and-line segment of the commercial sector has
been closed. A person aboard a vessel that has a valid charter vessel/
headboat permit for coastal migratory pelagic fish may continue to
retain king mackerel in or from closed zones or subzones under the bag
and possession limits set forth in 50 CFR 622.382(a)(1)(ii) and (a)(2),
provided the vessel is operating as a charter vessel or headboat. A
charter vessel or headboat that also has a commercial king mackerel
permit is considered to be operating as a charter vessel or headboat
when it carries a passenger who pays a fee or when there are more than
three persons aboard, including operator and crew.
During the closure, king mackerel harvested using run-around
gillnet gear in the Florida west coast southern subzone may not be
purchased or sold. This prohibition does not apply to king mackerel
harvested using run-around gillnet gear in the Florida west coast
southern subzone that were harvested, landed ashore, and sold prior to
the closure and were held in cold storage by a dealer or processor.
Classification
The Regional Administrator, Southeast Region, NMFS, has determined
this temporary rule is necessary for the conservation and management of
Gulf migratory group king mackerel and is consistent with the Magnuson-
Stevens Act and other applicable laws.
This action is taken under 50 CFR 622.8(b) and 622.388(a)(1) 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.
This action responds to the best scientific information available.
The Assistant Administrator for Fisheries, NOAA (AA), finds that the
need to immediately implement this action to close the segment of the
fishery that uses run-around gillnet gear constitutes good cause to
waive the requirements to provide prior notice and opportunity for
public comment pursuant to the authority set forth in 5 U.S.C.
553(b)(B), because prior notice and opportunity for public comment on
this temporary rule is unnecessary and contrary to the public interest.
Such procedures are unnecessary, because the rule implementing the
commercial quota and the associated requirement for closure of the
commercial harvest when the commercial quota is reached or projected to
be reached has already been subject to notice and comment, and all that
remains is to notify the public of the closure. Prior notice and
opportunity for public comment is contrary to the public interest,
because any delay in the closure of the commercial harvest could result
in the commercial quota being exceeded. There is a need to immediately
implement this action to protect the king mackerel resource, because
the capacity of the fishing fleet allows for rapid harvest of the
quota. Prior notice and opportunity for public comment on this action
would require time and would 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 under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: March 7, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-05482 Filed 3-8-16; 4:15 pm]
BILLING CODE 3510-22-P
