Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2019-2020 Commercial Hook-and-Line Closure for King Mackerel in the Gulf of Mexico Southern Zone, 13070-13071 [2020-04587]
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13070
Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations
we agree with NCTA that these
statements could be interpreted ‘‘to
conflict with the Third Report and
Order’s plain directives and require
procedures not mandated by the
Commission.’’ In particular, we note
that the Third Report and Order states
that ‘‘[i]f a franchising authority refuses
to modify any provision of a franchise
agreement that is inconsistent with this
Order, that provision is subject to
preemption under section 636(c).’’ We
also note that the Third Report and
Order ‘‘encourage[s] the parties to
negotiate franchise modifications within
a reasonable time,’’ and ‘‘find[s] that 120
days should be, in most cases, a
reasonable time for the adoption of
franchise modifications.’’ Contrary to
these statements in the Third Report
and Order, the statements that NCTA is
seeking to excise from the Stay Denial
Order could be construed as authorizing
local franchising authorities (LFAs) to
enforce unlawful franchise provisions
unless and until a cable operator has
proven to a court that they are unlawful.
3. We disagree with the National
Association of Telecommunications
Officers and Advisors (NATOA) that
removing the relevant statements from
paragraph 21 of the Stay Denial Order
undermines our reasons for denying the
stay petition. That argument ignores our
two primary reasons for finding that
LFAs will not suffer irreparable harm,
absent a stay. First, we concluded in the
Stay Denial Order that the injury
claimed by LFAs (municipalities’ loss of
critical facilities and services) is
speculative. We determined that
localities can maintain access to critical
facilities and services by adjusting
revenues and expenses in response to
changes in franchise fee revenue
streams—for example, LFAs can
maintain critical facilities and services
‘‘either by prioritizing some in-kind
contributions over others or by
prioritizing in-kind contributions over
the fees they would otherwise
recover.’’ 5 Second, we concluded that
the harm alleged by LFAs (loss of free
services) was an economic loss, which
under well-established case law, does
not, in and of itself, constitute
irreparable harm. These grounds alone
were sufficient for denying the
administrative stay request.
4. NATOA claims that budget
amendments and procurement
processes to authorize payment for
services previously furnished pursuant
to a cable franchise are often lengthy,
5 As NCTA notes, ‘‘revenues would be
recoverable in the event that the Third Report and
Order is ultimately overturned on appeal, further
undermining the notion that such losses could
constitute irreparable harm.’’
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and that LFAs ‘‘cannot . . . start the
process without knowing what value a
cable operator will assert for nonmonetary franchise obligations that
[would be] offset against franchise fee
payments.’’ 6 However, NATOA
provides no evidence that any cable
operator would abruptly cease services
or take other unilateral action during the
pendency of the appeal that would
adversely affect municipalities, or create
immediate or irreparable harm. Instead,
as we explained in the Stay Denial
Order, ‘‘the Order encouraged LFAs, in
response to a request from a cable
operator, to negotiate franchise terms
that conform to the Order in a
reasonable amount of time . . . Thus,
for example, an LFA is not required to
assess the costs of in-kind contributions
that it currently receives from a cable
operator (e.g., free cable service) against
the franchise fee until the cable operator
asks the LFA to amend the terms of its
franchise.’’ Accordingly, consistent with
the terms of this order, we grant NCTA’s
petition.
5. We therefore conclude that the
following two sentences in paragraph 21
of the Stay Denial Order misinterpret
the Order: ‘‘The rules in the [Third
Report and Order] did not supersede
provisions in existing franchise
agreements on their effective date’’ and
‘‘[i]f negotiations fail, the terms in the
franchise remain in effect unless and
until a cable operator challenges those
terms and proves that the terms violate
the [Third Report and Order’s]
requirements.’’ The same is true of the
sentence in paragraph 21 of the Stay
Denial Order that reads: ‘‘At that point,
the LFA and the cable operator have 120
days to renegotiate the franchise
agreement.’’ Instead, we find, in
accordance with the Third Report and
Order, that the LFA and the cable
operator have a reasonable period of
time to renegotiate the franchise
agreement, which in most cases is 120
days. If negotiations fail, the cable
operator and the LFA can continue to
rely on the processes and remedies that
may be contained in their franchise
agreement or that are otherwise
available.7
6. Accordingly, it is ordered that,
pursuant to the authority contained in
6 NCTA asserts that this argument is baseless and
states that ‘‘[a]ll NCTA seeks in its Petition is what
the Third Report and Order already provided:
Clarification that parties should negotiate timely
and in good faith to reach mutually agreeable
franchise terms that comply with the Cable Act and
rulings set forth in the Order.’’
7 For example, the cable operator and the LFA can
take the dispute to court or, in the case of an
interpretive dispute regarding the scope of the rules
adopted in the Third Report and Order, request a
declaratory ruling from the Commission.
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sections 4(i), 4(j), 303(r), and 405 of the
Communications Act of 1934, as–
amended, 47 U.S.C. 154(i)–(j), 303(r),
and 405 and the authority delegated in
§§ 0.61, 0.283, and 1.106 of the
Commission’s rules, 47 CFR 0.61, 0.283,
and 1.106, this Order in MB Docket No.
05–311 is adopted. It is further ordered
that the Petition for Clarification of
Order Denying Motion for Stay pending
judicial review of the Third Report and
Order in this proceeding, filed by
NCTA, is granted to the extent indicated
above. It is further ordered that this
Order shall be effective upon its release.
Federal Communications Commission.
Thomas Horan,
Media Bureau.
[FR Doc. 2020–04707 Filed 3–5–20; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 160426363–7275–02]
RTID 0648–XS025
Coastal Migratory Pelagic Resources
of the Gulf of Mexico and Atlantic
Region; 2019–2020 Commercial Hookand-Line Closure for King Mackerel in
the Gulf of Mexico Southern Zone
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS implements an
accountability measure (AM) to close
the hook-and-line component of the
commercial sector for king mackerel in
the Gulf of Mexico (Gulf) southern zone.
This closure is necessary to protect the
Gulf king mackerel resource.
DATES: This temporary rule is effective
from 12:01 a.m. local time on March 4,
2020, through June 30, 2020.
FOR FURTHER INFORMATION CONTACT:
Kelli O’Donnell, NMFS Southeast
Regional Office, telephone: 727–824–
5305, email: kelli.odonnell@noaa.gov.
SUPPLEMENTARY INFORMATION: The
fishery for coastal migratory pelagic fish
in the Gulf includes king mackerel,
Spanish mackerel, and cobia, and is
managed under the Fishery
Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf
of Mexico and Atlantic Region (FMP).
The FMP was prepared by the Gulf of
Mexico and South Atlantic Fishery
SUMMARY:
E:\FR\FM\06MRR1.SGM
06MRR1
lotter on DSKBCFDHB2PROD with RULES
Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations
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. All
weights for Gulf migratory group king
mackerel (Gulf king mackerel) apply as
either round or gutted weight.
The commercial sector for Gulf king
mackerel is divided into western,
northern, and southern zones, which
have separate commercial quotas. The
southern zone for Gulf king mackerel
encompasses an area of the exclusive
economic zone (EEZ) south of a line
extending due west from the boundary
of Lee and Collier Counties on the
Florida west coast, and south of a line
extending due east from the boundary of
Monroe and Miami-Dade Counties on
the Florida east coast, and includes the
EEZ off Collier and Monroe Counties in
south Florida (50 CFR 622.369(a)(1)(iii)).
The commercial quota for the hookand-line component of the commercial
sector in the southern zone is 575,400
lb (260,997 kg) for the current fishing
year, July 1, 2019, through June 30, 2020
(50 CFR 622.384(b)(1)(iii)(A)).
Regulations at 50 CFR 622.8(b) and
622.388(a)(1) require NMFS to close any
component of the king mackerel
commercial sector when its applicable
quota has been reached or is projected
to be reached by filing a notification
with the Office of the Federal Register.
NMFS has determined the 2019–2020
hook-and-line commercial quota for
Gulf king mackerel in the southern zone
will be reached by March 4, 2020.
Accordingly, the hook-and-line
component of the commercial sector for
Gulf king mackerel in the southern zone
is closed from March 4, 2020, through
the end of the fishing year on June 30,
2020. The commercial hook-and-line
component for Gulf king mackerel in the
southern zone will reopen on July 1,
2020.
NMFS has also determined that the
Gulf king mackerel commercial quota
for vessels using run-around gillnet gear
in the southern zone was reached on
February 25, 2020, and therefore on that
date, NMFS closed the southern zone to
commercial king mackerel fishing using
run-around gillnet gear (85 FR 11861,
February 28, 2020). Accordingly, all
commercial fishing for Gulf king
mackerel in the southern zone is closed
effective at 12:01 a.m. local time on
March 4, 2020. The commercial hookand-line component for Gulf king
mackerel in the southern zone will
reopen on July 1, 2020. The commercial
run-around gillnet component will
reopen at 6 a.m. local time on January
19, 2021.
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A person aboard a vessel that has a
valid Federal commercial permit for
king mackerel may continue to retain
king mackerel under the recreational
bag and possession limits set forth in 50
CFR 622.382(a)(1)(ii) and (a)(2), as long
as the recreational sector for Gulf king
mackerel is open (50 CFR 622.384(e)(1)).
During the commercial closure, king
mackerel caught with hook-and-line
gear from the closed zone may not be
purchased or sold, including those
harvested under the recreational bag
and possession limits. This prohibition
does not apply to king mackerel caught
with hook-and-line gear from the closed
zone that were harvested, landed
ashore, and sold prior to the closure and
were held in cold storage by a dealer or
processor (50 CFR 622.384(e)(2)).
Classification
The Regional Administrator for the
NMFS Southeast Region has determined
this temporary rule is necessary for the
conservation and management of Gulf
king mackerel and is consistent with the
FMP, 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 NOAA
Fisheries (AA) finds good cause to
waive the requirements to provide prior
notice and opportunity for public
comment on this temporary rule
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), as such procedures are
unnecessary and contrary to the public
interest. Such procedures are
unnecessary because the rule
implementing the commercial quota and
the associated AM has already been
subject to notice and public comment,
and all that remains is to notify the
public of the closure. Additionally,
allowing prior notice and opportunity
for public comment is contrary to the
public interest because of the need to
implement immediately this action to
protect the Gulf king mackerel stock,
because the capacity of the fishing fleet
allows for rapid harvest of the
commercial quota. Prior notice and
opportunity for public comment would
require time and could potentially result
in a harvest well in excess of the
established commercial quota.
For the aforementioned reasons, the
AA also finds good cause to waive the
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13071
30-day delay in effectiveness of the
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: March 2, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–04587 Filed 3–3–20; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 200225–0063]
RIN 0648–BF57
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Approval of New Gear Under
Small-Mesh Fisheries Accountability
Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This action approves new
selective trawl gear for use in several
non-groundfish fisheries when subject
to the Georges Bank yellowtail flounder
accountability measure. The selective
gear reduces bycatch of groundfish
species, while allowing the target
fisheries to continue operating when
selective trawl gear is required. This
selective trawl gear will provide the
fishing industry with more flexibility
when accountability measures are
triggered because there are limited
selective trawl gears currently approved
for use.
DATES: Effective April 6, 2020.
ADDRESSES: Written comments
regarding the burden-hour estimates or
other aspects of the collection-ofinformation requirements contained in
this final rule may be submitted to
Michael Pentony, Regional
Administrator, National Marine
Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930, and by
email to OIRA_Submission@
omb.eop.gov, or fax to (202) 395–7285.
Copies of the studies referenced in this
final rule may also be submitted to
Michael Pentony at the above listed
address.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Emily Keiley, Fishery Management
E:\FR\FM\06MRR1.SGM
06MRR1
]]>Agencies
[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
[Rules and Regulations]
[Pages 13070-13071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04587]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
[Docket No. 160426363-7275-02]
RTID 0648-XS025
Coastal Migratory Pelagic Resources of the Gulf of Mexico and
Atlantic Region; 2019-2020 Commercial Hook-and-Line Closure for King
Mackerel in the Gulf of Mexico Southern Zone
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; closure.
-----------------------------------------------------------------------
SUMMARY: NMFS implements an accountability measure (AM) to close the
hook-and-line component of the commercial sector for king mackerel in
the Gulf of Mexico (Gulf) southern zone. This closure is necessary to
protect the Gulf king mackerel resource.
DATES: This temporary rule is effective from 12:01 a.m. local time on
March 4, 2020, through June 30, 2020.
FOR FURTHER INFORMATION CONTACT: Kelli O'Donnell, NMFS Southeast
Regional Office, telephone: 727-824-5305, email:
[email protected].
SUPPLEMENTARY INFORMATION: The fishery for coastal migratory pelagic
fish in the Gulf includes king mackerel, Spanish mackerel, and cobia,
and is managed under the Fishery Management Plan for the Coastal
Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region
(FMP). The FMP was prepared by the Gulf of Mexico and South Atlantic
Fishery
[[Page 13071]]
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. All weights for Gulf
migratory group king mackerel (Gulf king mackerel) apply as either
round or gutted weight.
The commercial sector for Gulf king mackerel is divided into
western, northern, and southern zones, which have separate commercial
quotas. The southern zone for Gulf king mackerel encompasses an area of
the exclusive economic zone (EEZ) south of a line extending due west
from the boundary of Lee and Collier Counties on the Florida west
coast, and south of a line extending due east from the boundary of
Monroe and Miami-Dade Counties on the Florida east coast, and includes
the EEZ off Collier and Monroe Counties in south Florida (50 CFR
622.369(a)(1)(iii)).
The commercial quota for the hook-and-line component of the
commercial sector in the southern zone is 575,400 lb (260,997 kg) for
the current fishing year, July 1, 2019, through June 30, 2020 (50 CFR
622.384(b)(1)(iii)(A)).
Regulations at 50 CFR 622.8(b) and 622.388(a)(1) require NMFS to
close any component of the king mackerel commercial sector when its
applicable quota has been reached or is projected to be reached by
filing a notification with the Office of the Federal Register. NMFS has
determined the 2019-2020 hook-and-line commercial quota for Gulf king
mackerel in the southern zone will be reached by March 4, 2020.
Accordingly, the hook-and-line component of the commercial sector for
Gulf king mackerel in the southern zone is closed from March 4, 2020,
through the end of the fishing year on June 30, 2020. The commercial
hook-and-line component for Gulf king mackerel in the southern zone
will reopen on July 1, 2020.
NMFS has also determined that the Gulf king mackerel commercial
quota for vessels using run-around gillnet gear in the southern zone
was reached on February 25, 2020, and therefore on that date, NMFS
closed the southern zone to commercial king mackerel fishing using run-
around gillnet gear (85 FR 11861, February 28, 2020). Accordingly, all
commercial fishing for Gulf king mackerel in the southern zone is
closed effective at 12:01 a.m. local time on March 4, 2020. The
commercial hook-and-line component for Gulf king mackerel in the
southern zone will reopen on July 1, 2020. The commercial run-around
gillnet component will reopen at 6 a.m. local time on January 19, 2021.
A person aboard a vessel that has a valid Federal commercial permit
for king mackerel may continue to retain king mackerel under the
recreational bag and possession limits set forth in 50 CFR
622.382(a)(1)(ii) and (a)(2), as long as the recreational sector for
Gulf king mackerel is open (50 CFR 622.384(e)(1)).
During the commercial closure, king mackerel caught with hook-and-
line gear from the closed zone may not be purchased or sold, including
those harvested under the recreational bag and possession limits. This
prohibition does not apply to king mackerel caught with hook-and-line
gear from the closed zone that were harvested, landed ashore, and sold
prior to the closure and were held in cold storage by a dealer or
processor (50 CFR 622.384(e)(2)).
Classification
The Regional Administrator for the NMFS Southeast Region has
determined this temporary rule is necessary for the conservation and
management of Gulf king mackerel and is consistent with the FMP, 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 NOAA Fisheries (AA) finds good cause to
waive the requirements to provide prior notice and opportunity for
public comment on this temporary rule pursuant to the authority set
forth in 5 U.S.C. 553(b)(B), as such procedures are unnecessary and
contrary to the public interest. Such procedures are unnecessary
because the rule implementing the commercial quota and the associated
AM has already been subject to notice and public comment, and all that
remains is to notify the public of the closure. Additionally, allowing
prior notice and opportunity for public comment is contrary to the
public interest because of the need to implement immediately this
action to protect the Gulf king mackerel stock, because the capacity of
the fishing fleet allows for rapid harvest of the commercial quota.
Prior notice and opportunity for public comment would require time and
could potentially result in a harvest well in excess of the established
commercial quota.
For the aforementioned reasons, the AA also finds good cause to
waive the 30-day delay in effectiveness of the action under 5 U.S.C.
553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: March 2, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-04587 Filed 3-3-20; 4:15 pm]
BILLING CODE 3510-22-P
