Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2020 Commercial Closure for South Atlantic Gray Triggerfish, 75917-75918 [2020-26233]

Download as PDF Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Rules and Regulations 5. Delayed until publication of a document announcing the effective date, amend § 51.909 by adding paragraphs (l) through (o) to read as follows: ■ § 51.909 Transition of rate-of-return carrier access charges. jbell on DSKJLSW7X2PROD with RULES * * * * * (l) 8YY Transition—Step 1. As of December 28, 2020, each rate-of-return carrier shall cap the rate for all intrastate originating access charge rate elements for Toll Free Calls, including for Toll Free Database Query Charges. (m) 8YY Transition—Step 2. Beginning July 1, 2021, and notwithstanding any other provision of the Commission’s rules in this chapter, each Rate-of-Return Carrier shall: (1) Establish separate rate elements for interstate and intrastate toll free originating end office access service and non-toll free originating end office access service. Rate elements reflecting fixed charges associated with originating End Office Access Service shall be treated as non-toll free charges. (2) Reduce its intrastate toll free originating end office access service rates to its interstate toll free originating end office access service rates as follows: (i) Calculate total revenue from End Office Access Service, excluding nonusage-based rate elements, at the carrier’s interstate access rates in effect on June 30, 2020, using intrastate switched access demand for each rate element for the 12 months ending June 30, 2020. (ii) Calculate total revenue from End Office Access Service, excluding nonusage based rate elements, at the carrier’s intrastate access rates in effect on June 30, 2020, using intrastate switched access demand for each rate element for the 12 months ending June 30, 2020. (iii) If the value in paragraph (m)(2)(ii) of this section is less than or equal to the value in paragraph (m)(2)(i) of this section, the Rate-of-Return Carrier’s intrastate End Office Access Service rates shall remain unchanged. (iv) If the value in paragraph (m)(2)(ii) of this section is greater than the value in paragraph (m)(2)(i) of this section, the Rate-of-Return Carrier shall reduce intrastate rates for End Office Access Service so that they are equal to the Rate-of-Return Carrier’s functionally equivalent interstate rates for End Office Access Rates and shall be subject to the interstate rate structure and all subsequent rate and rate structure modifications. (v) Except as provided in paragraph (m)(2) of this section, nothing in this VerDate Sep<11>2014 16:10 Nov 25, 2020 Jkt 253001 section allows a Rate-of-Return Carrier that has intrastate rates lower than its functionally equivalent interstate rates to make any intrastate tariff filing or intrastate tariff revisions to increase such rates. If a Rate-of-Return Carrier has an intrastate rate for an End Office Access Service rate element that less than the comparable interstate rate for that element, the Rate-of-Return Carrier may, if necessary as part of a restructuring to reduce its intrastate rates for End Office Access Service down to parity with functionally equivalent interstate rates, increase the rate for an intrastate rate element that is below the comparable interstate rate for that element to the interstate rate on July 1, 2021. (3) Establish separate rate elements for interstate and intrastate non-toll free originating transport services for service between an end office switch and the tandem switch and remove its rate for intrastate and interstate originating toll free transport services consistent with a bill-and-keep methodology (as defined in § 51.713). (4) Establish separate rate elements respectively for interstate and intrastate non-toll free originating tandem switching services. (5) Establish transitional interstate and intrastate Joint Tandem Switched Transport Access rate elements for Toll Free Calls that are respectively no more than $0.001 per minute. (6) Reduce its interstate and intrastate rates for Toll Free Database Query Charges to no more than $0.004248 per query. Nothing in this section obligates or allows a Rate-of-Return carrier that has Toll Free Database Query Charges lower than this rate to make any intrastate or interstate tariff filing revision to increase such rates. (n) 8YY Transition—Step 3. Beginning July 1, 2022, and notwithstanding any other provision of the Commission’s rules in this chapter, each Rate-of-Return Carrier shall: (1) Reduce its interstate and intrastate rates for all originating End Office Access Service rate elements for Toll Free Calls in each state in which it provides such service by one-half of the maximum rate allowed by paragraph (a) of this section; and (2) Reduce its rates for intrastate and interstate Toll Free Database Query Charges by one-half of the difference between the rate permitted by paragraph (m)(6) of this section and the transitional rate of $0.0002 per query set forth in paragraph (o)(2) of this section. (o) 8YY Transition—Step 4. Beginning on July 1, 2023, and notwithstanding any other provision of the Commission’s PO 00000 Frm 00085 Fmt 4700 Sfmt 4700 75917 rules in this chapter, each Rate-ofReturn Carrier shall: (1) In accordance with a bill-and-keep methodology, refile its interstate switched access tariff and any state tariff to remove any intercarrier charges for all intrastate and interstate originating End Office Access Service for Toll Free Calls; and (2) Reduce its rates for all intrastate and interstate Toll Free Database Query Charges to a transitional rate of no more than $0.0002 per query. ■ 6. Amend § 51.911 by: ■ a. Effective December 28, 2020, adding paragraphs (d); and ■ b. Delayed until publication of a document announcing the effective date, adding paragraph (e). The additions read as follows: § 51.911 Access reciprocal compensation rates for competitive LECs. * * * * * (d) Cap on Database Query Charge. A Competitive Local Exchange Carrier assessing a tariffed intrastate or interstate Toll Free Database Query Charge shall cap such charge at the rate in effect on December 28, 2020. (e) Transition of cap on Database Query Charge. Beginning July 1, 2021, notwithstanding any other provision of the Commission’s rules in this chapter, a Competitive Local Exchange Carrier assessing a tariffed intrastate or interstate Toll Free Database Query Charge shall revise its tariffs as necessary to ensure that its intrastate and interstate Toll Free Database Query Charges do not exceed the rates charged by the competing incumbent local exchange carrier, as defined in § 61.26(a)(2) of this chapter. [FR Doc. 2020–24624 Filed 11–25–20; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 141107936–5399–02; RTID 0648–XA653] Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 2020 Commercial Closure for South Atlantic Gray Triggerfish National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: E:\FR\FM\27NOR1.SGM 27NOR1 75918 Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Rules and Regulations NMFS implements an accountability measure for the commercial sector of gray triggerfish in the South Atlantic exclusive economic zone (EEZ). NMFS projects commercial landings of gray triggerfish will reach the commercial annual catch limit (ACL) for the July through December season by November 29, 2020. Therefore, NMFS is closing the commercial sector for gray triggerfish in the South Atlantic EEZ on November 29, 2020. This closure is necessary to protect the gray triggerfish resource. DATES: This temporary rule is effective at 12:01 a.m., local time, on November 29, 2020, through December 31, 2020. FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional Office, telephone: 727–824–5305, email: mary.vara@noaa.gov. SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South Atlantic includes gray triggerfish and is managed under the Fishery Management Plan for the SnapperGrouper Fishery of the South Atlantic Region (FMP). The FMP was prepared by the South Atlantic Fishery Management Council 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 in this temporary rule are given in round weight. The commercial ACL (equivalent to the commercial quota) for gray triggerfish in the South Atlantic is divided into two 6-month fishing seasons. The total commercial ACL of 312,324 lb (141,668 kg) is allocated 50 percent to each commercial fishing season, or 156,162 lb (70,834 kg) for January through June, and the same amount for July through December, as specified in 50 CFR 622.190(a)(8)(i) and (ii). After the January through June 2020 fishing season, 25,468 lb (11,552 kg) of the gray triggerfish commercial quota remained unharvested. As specified in 50 CFR 622.190(a)(8)(iii), NMFS added this unused portion of the gray triggerfish commercial quota to the commercial quota for the July through December 2020 fishing season. Therefore, the gray triggerfish commercial quota for the July through December 2020 fishing season is 181,630 lb (82,385 kg). Any unused commercial quota for the July through December fishing season becomes void and will not be added to any subsequent quota (622.190(a)(8)(iii)). Under 50 CFR 622.193(q)(1)(i), NMFS is required to close the commercial jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:10 Nov 25, 2020 Jkt 253001 sector for gray triggerfish when the commercial quota specified in 50 CFR 622.190(a)(8)(ii) is reached or is projected to be reached by filing a notification to that effect with the Office of the Federal Register. NMFS has determined that the commercial quota for South Atlantic gray triggerfish for the July through December 2020 fishing season will be reached by November 29, 2020. Accordingly, the commercial sector for South Atlantic gray triggerfish is closed effective at 12:01 a.m., local time, on November 29, 2020, and remains closed until the start of the next January through June fishing season on January 1, 2021. The operator of a vessel with a valid Federal commercial vessel permit for South Atlantic snapper-grouper with gray triggerfish on board must have landed and bartered, traded, or sold such gray triggerfish prior to 12:01 a.m., local time, on November 29, 2020. During the commercial closure, the recreational bag limit specified in 50 CFR 622.187(b)(8), and the recreational possession limits specified in 50 CFR 622.187(c), apply to all harvest or possession of gray triggerfish in or from the South Atlantic EEZ. Also during the commercial closure, the sale or purchase of gray triggerfish taken from the South Atlantic EEZ is prohibited. The prohibition on the sale or purchase does not apply to gray triggerfish that were harvested, landed ashore, and sold prior to 12:01 a.m., local time, on November 29, 2020, and were held in cold storage by a dealer or processor. For a person on board a vessel for which a valid Federal commercial or charter vessel/headboat permit for South Atlantic snapper-grouper has been issued, the bag and possession limits and sale and purchase prohibitions for gray triggerfish apply regardless of whether the fish are harvested in state or Federal waters, as specified in 50 CFR 622.190(c)(1)(ii). Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 622.193(q)(1)(i), which was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is excempt 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), there is good cause to waive prior notice and an opportunity for public comment as such procedures are unnecessary and PO 00000 Frm 00086 Fmt 4700 Sfmt 4700 contrary to the public interest. Such procedures are unnecessary because the regulations associated with the commercial quota for South Atlantic gray triggerfish have already been subject to notice and comment, and all that remains is to notify the public of the commercial closure for the remainder of the July through December 2020 fishing season. Prior notice and opportunity for public comment on this action is contrary to the public interest because of the need to immediately implement the commercial closure to protect South Atlantic gray triggerfish, since 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 would potentially result in a harvest that exceeds the commercial quota. For the aforementioned reasons, there is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in the effective date of this action. Authority: 16 U.S.C. 1801 et seq. Dated: November 23, 2020. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2020–26233 Filed 11–24–20; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 180117042–8884–02] RTID 0648–XA652 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; quota transfer. AGENCY: NMFS is transferring 19.5 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the General category. This action is intended to provide additional opportunities for General category fishermen to participate in the December General category fishery, which is scheduled to reopen on December 1, 2020, and is based on consideration of the regulatory determination criteria regarding inseason adjustments. This action would affect Atlantic tunas General category (commercial) permitted vessels SUMMARY: E:\FR\FM\27NOR1.SGM 27NOR1

Agencies

[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Rules and Regulations]
[Pages 75917-75918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26233]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[Docket No. 141107936-5399-02; RTID 0648-XA653]


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
2020 Commercial Closure for South Atlantic Gray Triggerfish

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

ACTION: Temporary rule; closure.

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[[Page 75918]]

SUMMARY: NMFS implements an accountability measure for the commercial 
sector of gray triggerfish in the South Atlantic exclusive economic 
zone (EEZ). NMFS projects commercial landings of gray triggerfish will 
reach the commercial annual catch limit (ACL) for the July through 
December season by November 29, 2020. Therefore, NMFS is closing the 
commercial sector for gray triggerfish in the South Atlantic EEZ on 
November 29, 2020. This closure is necessary to protect the gray 
triggerfish resource.

DATES: This temporary rule is effective at 12:01 a.m., local time, on 
November 29, 2020, through December 31, 2020.

FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional 
Office, telephone: 727-824-5305, email: [email protected].

SUPPLEMENTARY INFORMATION: The snapper-grouper fishery of the South 
Atlantic includes gray triggerfish and is managed under the Fishery 
Management Plan for the Snapper-Grouper Fishery of the South Atlantic 
Region (FMP). The FMP was prepared by the South Atlantic Fishery 
Management Council 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 in this 
temporary rule are given in round weight.
    The commercial ACL (equivalent to the commercial quota) for gray 
triggerfish in the South Atlantic is divided into two 6-month fishing 
seasons. The total commercial ACL of 312,324 lb (141,668 kg) is 
allocated 50 percent to each commercial fishing season, or 156,162 lb 
(70,834 kg) for January through June, and the same amount for July 
through December, as specified in 50 CFR 622.190(a)(8)(i) and (ii).
    After the January through June 2020 fishing season, 25,468 lb 
(11,552 kg) of the gray triggerfish commercial quota remained 
unharvested. As specified in 50 CFR 622.190(a)(8)(iii), NMFS added this 
unused portion of the gray triggerfish commercial quota to the 
commercial quota for the July through December 2020 fishing season. 
Therefore, the gray triggerfish commercial quota for the July through 
December 2020 fishing season is 181,630 lb (82,385 kg). Any unused 
commercial quota for the July through December fishing season becomes 
void and will not be added to any subsequent quota 
(622.190(a)(8)(iii)).
    Under 50 CFR 622.193(q)(1)(i), NMFS is required to close the 
commercial sector for gray triggerfish when the commercial quota 
specified in 50 CFR 622.190(a)(8)(ii) is reached or is projected to be 
reached by filing a notification to that effect with the Office of the 
Federal Register. NMFS has determined that the commercial quota for 
South Atlantic gray triggerfish for the July through December 2020 
fishing season will be reached by November 29, 2020. Accordingly, the 
commercial sector for South Atlantic gray triggerfish is closed 
effective at 12:01 a.m., local time, on November 29, 2020, and remains 
closed until the start of the next January through June fishing season 
on January 1, 2021.
    The operator of a vessel with a valid Federal commercial vessel 
permit for South Atlantic snapper-grouper with gray triggerfish on 
board must have landed and bartered, traded, or sold such gray 
triggerfish prior to 12:01 a.m., local time, on November 29, 2020. 
During the commercial closure, the recreational bag limit specified in 
50 CFR 622.187(b)(8), and the recreational possession limits specified 
in 50 CFR 622.187(c), apply to all harvest or possession of gray 
triggerfish in or from the South Atlantic EEZ. Also during the 
commercial closure, the sale or purchase of gray triggerfish taken from 
the South Atlantic EEZ is prohibited. The prohibition on the sale or 
purchase does not apply to gray triggerfish that were harvested, landed 
ashore, and sold prior to 12:01 a.m., local time, on November 29, 2020, 
and were held in cold storage by a dealer or processor.
    For a person on board a vessel for which a valid Federal commercial 
or charter vessel/headboat permit for South Atlantic snapper-grouper 
has been issued, the bag and possession limits and sale and purchase 
prohibitions for gray triggerfish apply regardless of whether the fish 
are harvested in state or Federal waters, as specified in 50 CFR 
622.190(c)(1)(ii).

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 622.193(q)(1)(i), which 
was issued pursuant to section 304(b) of the Magnuson-Stevens Act, and 
is excempt 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), there is good cause to waive prior 
notice and an opportunity for public comment as such procedures are 
unnecessary and contrary to the public interest. Such procedures are 
unnecessary because the regulations associated with the commercial 
quota for South Atlantic gray triggerfish have already been subject to 
notice and comment, and all that remains is to notify the public of the 
commercial closure for the remainder of the July through December 2020 
fishing season. Prior notice and opportunity for public comment on this 
action is contrary to the public interest because of the need to 
immediately implement the commercial closure to protect South Atlantic 
gray triggerfish, since 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 would potentially result in a 
harvest that exceeds the commercial quota.
    For the aforementioned reasons, there is good cause under 5 U.S.C. 
553(d)(3) to waive the 30-day delay in the effective date of this 
action.

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

    Dated: November 23, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-26233 Filed 11-24-20; 4:15 pm]
BILLING CODE 3510-22-P