Atlantic Highly Migratory Species; Commercial Blacktip Sharks in the Eastern Gulf of Mexico Sub-Region; Closure, 60776-60777 [2018-25790]

Download as PDF 60776 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Rules and Regulations or greater equity interest (not including truly passive investment) in the operator or exercises de jure or de facto control over the operator. (1) Using the most reliable sources publicly available, the Commission periodically will determine and give public notice of the subscriber count that will serve as the 1 percent threshold until a new number is calculated. (2) For a discussion of passive interests with respect to small cable operators, see Implementation of Cable Act Reform Provisions of the Telecommunications Act of 1996, Report and Order in CS Docket No. 96– 85, FCC 99–57 (released March 29, 1999). (3) If two or more entities unaffiliated with each other each hold an equity interest in the small cable operator, the equity interests of the unaffiliated entities will not be aggregated with each other for the purpose of determining whether an entity meets or passes the 20 percent affiliation threshold. ■ 3. Amend § 76.910 by revising the first sentence and adding a second sentence to paragraph (c) to read as follows: § 76.910 Franchising authority certification. * * * * * (c) The written certification described in paragraph (b) of this section shall be made by completing and filing FCC Form 328. FCC Form 328 can be obtained from the internet at http:// www.fcc.gov/Forms/Form328/328.pdf or by calling the FCC Forms Distribution Center at 1–800–418–3676. * * * * * * * * § 76.922 [Amended] 4. Amend § 76.922 by removing and reserving paragraph (g)(7) and removing paragraph (n). ■ 5. Amend § 76.923 by adding a final sentence to paragraph (i) to read as follows: ■ § 76.923 Rates for equipment and installation used to receive the basic service tier. daltland on DSKBBV9HB2PROD with RULES * [Amended] 6. Amend § 76.985(c) by removing forms entitled ‘‘FCC329’’, ‘‘INSTRUCTIONS FOR FCC 328’’ and ‘‘FCC328’’. ■ VerDate Sep<11>2014 16:05 Nov 26, 2018 Jkt 247001 ■ [Removed] 7. Remove §§ 76.986 and 76.987. [FR Doc. 2018–25326 Filed 11–26–18; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150413357–5999–02] RIN 0648–XG647 Atlantic Highly Migratory Species; Commercial Blacktip Sharks in the Eastern Gulf of Mexico Sub-Region; Closure National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is closing the commercial fishery for blacktip sharks in the eastern Gulf of Mexico subregion. This action is necessary because, as of reports received by November 16, 2018, the commercial landings of blacktip sharks in the eastern Gulf of Mexico sub-region for the 2018 fishing season have reached 97 percent of the available commercial quota. Therefore, NMFS is closing the blacktip shark fishery in the eastern Gulf of Mexico sub-region. This closure will affect anyone commercially fishing for blacktip sharks in the eastern Gulf of Mexico sub-region. DATES: The commercial fishery for blacktip sharks in the eastern Gulf of Mexico sub-region is closed effective 11:30 p.m. local time November 25, 2018, until the end of the 2018 fishing season on December 31, 2018, or until and if NMFS announces via a notice in the Federal Register that additional quota is available and the season is reopened. SUMMARY: FOR FURTHER INFORMATION CONTACT: * * * * (i) * * * Equipment sales by an operator will be unregulated where the operator offers subscribers the same equipment under regulated leased rates. * * * * * § 76.985 §§ 76.986 and 76.987 Lauren Latchford or Karyl BrewsterGeisz 301–427–8503; fax 301–713–1917. SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed under the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management Plan (FMP), its amendments, and implementing regulations (50 CFR part 635) issued under authority of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.). PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 Under § 635.5(b)(1), dealers must electronically submit reports on sharks that are first received from a vessel on a weekly basis through a NMFSapproved electronic reporting system. Reports must be received by 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 that has a non-linked quota has reached or is projected to reach a threshold of 80 percent of the available quota, NMFS will file for publication, with the Office of the Federal Register, a notice of closure for that species and/or management group that will be effective no fewer than four days from date of filing. From the effective date and time of the closure until and if NMFS announces, via a notice in the Federal Register, that additional quota is available and the season is reopened, the fisheries for all linked species and/ or management groups and specified non-linked species and/or management groups are closed, even across fishing years. On November 22, 2017 (82 FR 55512), NMFS announced that for 2018, the commercial eastern Gulf of Mexico blacktip shark sub-regional quota was 37.7 metric tons (mt) dressed weight (dw) (83,158 lb dw). Dealer reports received through November 16, 2018, indicate that 97 percent (36.7 mt dw) of the available eastern Gulf of Mexico blacktip shark sub-regional quota has been landed. Based on these dealer reports, landings have exceeded 80 percent of the eastern Gulf of Mexico blacktip shark sub-regional quota. Therefore, the blacktip shark fishery meets the closure threshold. Accordingly, NMFS is closing the blacktip shark fishery in the eastern Gulf of Mexico sub-region as of 11:30 p.m. local time November 25, 2018. All other shark species or management groups in the eastern Gulf of Mexico sub-region that are currently open will remain open, including the commercial eastern Gulf of Mexico aggregated LCS, eastern Gulf of Mexico hammerhead sharks, Gulf of Mexico non-blacknose small coastal sharks, blue sharks, smoothhound sharks, and pelagic sharks other than porbeagle or blue sharks. The boundary between the Gulf of Mexico region and the Atlantic region is defined at § 635.27(b)(1) 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 E:\FR\FM\27NOR1.SGM 27NOR1 daltland on DSKBBV9HB2PROD with RULES Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Rules and Regulations land to the south and west of that boundary is considered for the purposes of monitoring and setting quotas, to be within the Gulf of Mexico region. The boundary between the eastern and western Gulf of Mexico sub-regions is drawn along 88°00′ W long (§ 635.27(b)(1)(ii)). During the closure, retention of blacktip sharks in the eastern Gulf of Mexico sub-region is prohibited for persons fishing aboard vessels issued a commercial shark limited access permit under § 635.4. However, persons aboard a commercially permitted vessel that is also properly permitted to operate as a charter vessel or headboat for HMS, has a shark endorsement, and is engaged in a for-hire trip could fish under the recreational retention limits for sharks and ‘‘no sale’’ provisions (§ 635.22 (c)). Similarly, persons aboard a commercially permitted vessel that possesses a valid shark research permit under § 635.32 and has a NMFSapproved observer onboard may continue to harvest and sell blacktip sharks in the eastern Gulf of Mexico sub-region pursuant to the terms and conditions of the shark research permit. During this closure, a shark dealer issued a permit pursuant to § 635.4 may not purchase or receive blacktip sharks in the eastern Gulf of Mexico sub-region from a vessel issued an Atlantic shark limited access permit (LAP), except that a permitted shark dealer or processor may possess blacktip sharks in the eastern Gulf of Mexico sub-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)(6). Additionally, a permitted shark dealer or processor may possess blacktip sharks in the eastern Gulf of Mexico sub-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 blacktip research fishery quota remains open. Similarly, a shark dealer issued a permit pursuant to § 635.4 may, in accordance with relevant state regulations, purchase or receive blacktip sharks in the eastern Gulf of Mexico sub-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. Classification Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for Fisheries, NOAA (AA), finds that providing prior VerDate Sep<11>2014 16:05 Nov 26, 2018 Jkt 247001 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 quotas for these species and management groups and thus would be inconsistent with fishery management requirements and objectives. The regulations implementing the 2006 Consolidated HMS FMP and amendments provide for inseason retention limit adjustments and fishery closures to respond to the unpredictable nature of availability on the fishing grounds, the migratory nature of the species, and the regional variations. NMFS is not able to give notice sooner nor would sooner notice be practicable given the structure of the regulations, which close the fisheries under specified regulatory criteria or thresholds, and closure determinations need to be based on near real-time data to balance fishing opportunities against the management goal of preventing quota overharvests. Similarly, affording prior notice and opportunity for public comment on this action is contrary to the public interest because if a 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. Dated: November 21, 2018. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018–25790 Filed 11–21–18; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 180517486–8999–02] RIN 0648–XG263 Atlantic Highly Migratory Species; 2019 Atlantic Shark Commercial Fishing Year National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 60777 Final rule; fishing season notification. ACTION: This final rule establishes the 2019 opening date for all Atlantic shark fisheries, including the fisheries in the Gulf of Mexico and Caribbean. This final rule also establishes the quotas for the 2019 fishing year based on harvest levels during 2018, and the large coastal shark (LCS) retention limits for directed shark limited access permit holders. NMFS may increase or decrease these retention limits for directed shark limited access permit holders during the year, in accordance with existing regulations, to provide, to the extent practicable, equitable fishing opportunities for commercial shark fishermen in all regions and areas. These actions could affect fishing opportunities for commercial shark fishermen in the northwestern Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea. DATES: This rule is effective on January 1, 2019. The 2019 Atlantic commercial shark fishing year opening dates and quotas are provided in Table 1 under SUPPLEMENTARY INFORMATION. ADDRESSES: Atlantic Highly Migratory Species (HMS) Management Division, 1315 East-West Highway, Silver Spring, MD 20910. FOR FURTHER INFORMATION CONTACT: Lauren Latchford, Chante´ Davis, or Karyl Brewster-Geisz at 301–427–8503. SUPPLEMENTARY INFORMATION: SUMMARY: Background The Atlantic commercial shark fisheries are managed under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). The 2006 Consolidated HMS Fishery Management Plan (FMP) and its amendments are implemented by regulations at 50 CFR part 635. For the Atlantic commercial shark fisheries, the 2006 Consolidated HMS FMP and its amendments established, among other things, commercial shark retention limits, commercial quotas for species and management groups, and accounting measures for under- and overharvests for the shark fisheries. The FMP also established adaptive management measures such as flexible opening dates for the fishing season and inseason adjustments to shark trip limits, which provide management flexibility in furtherance of equitable fishing opportunities, to the extent practicable, for commercial shark fishermen in all regions and areas. On September 11, 2018 (83 FR 45866), NMFS published a proposed rule that E:\FR\FM\27NOR1.SGM 27NOR1

Agencies

[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Rules and Regulations]
[Pages 60776-60777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25790]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150413357-5999-02]
RIN 0648-XG647


Atlantic Highly Migratory Species; Commercial Blacktip Sharks in 
the Eastern Gulf of Mexico Sub-Region; Closure

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 fishery for blacktip sharks in 
the eastern Gulf of Mexico sub-region. This action is necessary 
because, as of reports received by November 16, 2018, the commercial 
landings of blacktip sharks in the eastern Gulf of Mexico sub-region 
for the 2018 fishing season have reached 97 percent of the available 
commercial quota. Therefore, NMFS is closing the blacktip shark fishery 
in the eastern Gulf of Mexico sub-region. This closure will affect 
anyone commercially fishing for blacktip sharks in the eastern Gulf of 
Mexico sub-region.

DATES: The commercial fishery for blacktip sharks in the eastern Gulf 
of Mexico sub-region is closed effective 11:30 p.m. local time November 
25, 2018, until the end of the 2018 fishing season on December 31, 
2018, or until and if NMFS announces via a notice in the Federal 
Register that additional quota is available and the season is reopened.

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

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the 2006 Consolidated Highly Migratory Species (HMS) Fishery 
Management Plan (FMP), its amendments, and 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), dealers must electronically submit reports 
on sharks that are first received from a vessel on a weekly basis 
through a NMFS-approved electronic reporting system. Reports must be 
received by 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 that has a non-linked quota has 
reached or is projected to reach a threshold of 80 percent of the 
available quota, NMFS will file for publication, with the Office of the 
Federal Register, a notice of closure for that species and/or 
management group that will be effective no fewer than four days from 
date of filing.
    From the effective date and time of the closure until and if NMFS 
announces, via a notice in the Federal Register, that additional quota 
is available and the season is reopened, the fisheries for all linked 
species and/or management groups and specified non-linked species and/
or management groups are closed, even across fishing years.
    On November 22, 2017 (82 FR 55512), NMFS announced that for 2018, 
the commercial eastern Gulf of Mexico blacktip shark sub-regional quota 
was 37.7 metric tons (mt) dressed weight (dw) (83,158 lb dw). Dealer 
reports received through November 16, 2018, indicate that 97 percent 
(36.7 mt dw) of the available eastern Gulf of Mexico blacktip shark 
sub-regional quota has been landed. Based on these dealer reports, 
landings have exceeded 80 percent of the eastern Gulf of Mexico 
blacktip shark sub-regional quota. Therefore, the blacktip shark 
fishery meets the closure threshold. Accordingly, NMFS is closing the 
blacktip shark fishery in the eastern Gulf of Mexico sub-region as of 
11:30 p.m. local time November 25, 2018.
    All other shark species or management groups in the eastern Gulf of 
Mexico sub-region that are currently open will remain open, including 
the commercial eastern Gulf of Mexico aggregated LCS, eastern Gulf of 
Mexico hammerhead sharks, Gulf of Mexico non-blacknose small coastal 
sharks, blue sharks, smoothhound sharks, and pelagic sharks other than 
porbeagle or blue sharks.
    The boundary between the Gulf of Mexico region and the Atlantic 
region is defined at Sec.  635.27(b)(1) 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

[[Page 60777]]

land to the south and west of that boundary is considered for the 
purposes of monitoring and setting quotas, to be within the Gulf of 
Mexico region. The boundary between the eastern and western Gulf of 
Mexico sub-regions is drawn along 88[deg]00' W long (Sec.  
635.27(b)(1)(ii)).
    During the closure, retention of blacktip sharks in the eastern 
Gulf of Mexico sub-region is prohibited for persons fishing aboard 
vessels issued a commercial shark limited access permit under Sec.  
635.4. However, persons aboard a commercially permitted vessel that is 
also properly permitted to operate as a charter vessel or headboat for 
HMS, has a shark endorsement, and is engaged in a for-hire trip could 
fish under the recreational retention limits for sharks and ``no sale'' 
provisions (Sec.  635.22 (c)). Similarly, persons aboard a commercially 
permitted vessel that possesses a valid shark research permit under 
Sec.  635.32 and has a NMFS-approved observer onboard may continue to 
harvest and sell blacktip sharks in the eastern Gulf of Mexico sub-
region pursuant to the terms and conditions of the shark research 
permit.
    During this closure, a shark dealer issued a permit pursuant to 
Sec.  635.4 may not purchase or receive blacktip sharks in the eastern 
Gulf of Mexico sub-region from a vessel issued an Atlantic shark 
limited access permit (LAP), except that a permitted shark dealer or 
processor may possess blacktip sharks in the eastern Gulf of Mexico 
sub-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)(6). Additionally, a permitted 
shark dealer or processor may possess blacktip sharks in the eastern 
Gulf of Mexico sub-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 blacktip research fishery quota remains open. Similarly, a 
shark dealer issued a permit pursuant to Sec.  635.4 may, in accordance 
with relevant state regulations, purchase or receive blacktip sharks in 
the eastern Gulf of Mexico sub-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 quotas for these species 
and management groups and thus would be inconsistent with fishery 
management requirements and objectives. The regulations implementing 
the 2006 Consolidated HMS FMP and amendments provide for inseason 
retention limit adjustments and fishery closures to respond to the 
unpredictable nature of availability on the fishing grounds, the 
migratory nature of the species, and the regional variations. NMFS is 
not able to give notice sooner nor would sooner notice be practicable 
given the structure of the regulations, which close the fisheries under 
specified regulatory criteria or thresholds, and closure determinations 
need to be based on near real-time data to balance fishing 
opportunities against the management goal of preventing quota 
overharvests. Similarly, affording prior notice and opportunity for 
public comment on this action is contrary to the public interest 
because if a 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: November 21, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-25790 Filed 11-21-18; 4:15 pm]
 BILLING CODE 3510-22-P