80 FR 11330 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Increase
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 41 (March 3, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 41 (March 3, 2015)
| Page Range | 11330-11331 | |
| FR Document | 2015-04382 |
[Federal Register Volume 80, Number 41 (Tuesday, March 3, 2015)] [Rules and Regulations] [Pages 11330-11331] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-04382] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 101206604-1758-02] RIN 0648-XD790 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Trip Limit Increase AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; in-season trip limit increase. ----------------------------------------------------------------------- SUMMARY: NMFS increases the trip limit in the commercial sector for king mackerel in the Florida east coast subzone to 75 fish per day in or from the exclusive economic zone (EEZ). This trip limit increase is necessary to maximize the socioeconomic benefits associated with harvesting the quota. DATES: This rule is effective 12:01 a.m., local time, March 1, 2015, through March 31, 2015, unless NMFS publishes a superseding document in the Federal Register. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected]. 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 implemented under the authority of the [[Page 11331]] Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act) by regulations at 50 CFR part 622. On January 30, 2012 (76 FR 82058, December 29, 2011), NMFS implemented a commercial quota of 1,102,896 lb (500,265 kg) for Gulf migratory group king mackerel in the Florida east coast subzone (50 CFR 622.384(b)(1)(i)(A)). From November 1 through March 31, the Florida east coast subzone encompasses an area of the EEZ south of a line extending due east of the boundary between Flagler and Volusia Counties, FL, and north of a line extending due east of the boundary between Miami-Dade and Monroe Counties, FL. From November 1 through the end of February, king mackerel in or from the subzone may be possessed on board or landed from a permitted vessel in amounts not exceeding 50 fish per day (50 CFR 622.385(a)(2)(i)(A)). However, beginning on March 1, if less than 70 percent of the Florida east coast subzone king mackerel commercial quota has been harvested by that date, king mackerel in or from that subzone may be possessed on board or landed from a permitted vessel in amounts not exceeding 75 fish per day (50 CFR 622.385(a)(2)(i)(B)(2)). NMFS has determined that less than 70 percent of the quota for Gulf migratory group king mackerel in the Florida east coast subzone will be harvested by March 1, 2015. Accordingly, a 75-fish trip limit applies to vessels fishing for king mackerel in or from the EEZ in the Florida east coast subzone effective 12:01 a.m., local time, March 1, 2015. The 75-fish trip limit will remain in effect until the subzone closes or until the end of the current fishing year (March 31, 2015) for this subzone. 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 622.385(a)(2)(i)(B)(2) 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 commercial trip limit increase 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 establishing the trip limits has already been subject to notice and comment, and all that remains is to notify the public of the trip limit increase. They are contrary to the public interest, because prior notice and opportunity for public comment would require time, thus delaying fishermen's ability to catch more king mackerel than the present trip limit allows and preventing fishermen from reaping the socioeconomic benefits associated with this increased trip limit. As this action allows fishermen to increase their harvest of king mackerel from 50 fish to 75 fish per day in or from the EEZ of the Florida east coast subzone, the AA finds it relieves a restriction and may go into effect without a 30-day delay in effectiveness, pursuant to 5 U.S.C. 553(d)(1). Authority: 16 U.S.C. 1801 et seq. Dated: February 26, 2015. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015-04382 Filed 2-26-15; 4:15 pm] BILLING CODE 3510-22-P
![11330 Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations
C. Congressional Review Act 544a, 545, 548, 549, 552, 554, 556, 558, 560, indirectly under common de jure
561, 571, 572, 573. control permitted by the Commission.
12. The Commission will send a copy
of this Order in a report to be sent to ■ 2. Section 76.64 is amended by * * * * *
Congress and the Government revising paragraphs (b)(3)(ii) and (l) to (f) Termination of rules. This section
Accountability Office, pursuant to the read as follows: shall terminate at midnight on January
Congressional Review Act.19 § 76.64 Retransmission consent. 1, 2020, provided that if Congress
further extends this date, the rules
D. Additional Information * * * * *
(b) * * * remain in effect until the statutory
13. For more information, contact (3) * * * authorization expires.
Raelynn Remy, Raelynn.Remy@fcc.gov, (ii) The broadcast station is owned or
Policy Division, Media Bureau, (202) § 76.1601 [Amended].
operated by, or affiliated with a
418–2936. broadcasting network, and the ■ 4. Amend § 76.1601 by removing Note
IV. Ordering Clauses household receiving the signal is an 1.
unserved household. This paragraph [FR Doc. 2015–04337 Filed 3–2–15; 8:45 am]
14. Accordingly, IT IS ORDERED that,
shall terminate at midnight on BILLING CODE 6712–01–P
pursuant to the authority found in
December 31, 2019, provided that if
sections 4(i), 4(j), 303(r), 325 and 614 of
Congress further extends this date, the
the Communications Act of 1934, as
rules remain in effect until the statutory DEPARTMENT OF COMMERCE
amended, 47 U.S.C. 154(i), 154(j),
authorization expires.
303(r), 325, and 534, and sections 101,
* * * * * National Oceanic and Atmospheric
103 and 105 of the STELA
(l) Exclusive retransmission consent Administration
Reauthorization Act of 2014, Public Law
113–200, 128 Stat. 2059 (2014), this agreements are prohibited. No television
broadcast station shall make or negotiate 50 CFR Part 622
Order IS ADOPTED and the
Commission’s rules ARE HEREBY any agreement with one multichannel [Docket No. 101206604–1758–02]
AMENDED as set forth below. video programming distributor for
carriage to the exclusion of other RIN 0648–XD790
15. IT IS FURTHER ORDERED that,
pursuant to the authority found in multichannel video programming
Fisheries of the Caribbean, Gulf of
sections 4(i), 4(j), 303(r), 325 and 614 of distributors. This paragraph shall
Mexico, and South Atlantic; Coastal
the Communications Act of 1934, as terminate at midnight on January 1,
Migratory Pelagic Resources of the
amended, 47 U.S.C. 154(i), 154(j), 2020, provided that if Congress further
Gulf of Mexico and South Atlantic; Trip
303(r), 325, and 534, and sections 101, extends this date, the rules remain in
Limit Increase
103 and 105 of the STELA effect until the statutory authorization
Reauthorization Act of 2014, Public Law expires. AGENCY: National Marine Fisheries
113–200, 128 Stat. 2059 (2014), the rules * * * * * Service (NMFS), National Oceanic and
SHALL BE EFFECTIVE thirty (30) days ■ 3. Section 76.65 is amended by Atmospheric Administration (NOAA),
after the date of publication in the revising paragraph (b)(1)(viii) and by Commerce.
Federal Register. adding paragraph (b)(1)(ix) and revising ACTION: Temporary rule; in-season trip
16. IT IS FURTHER ORDERED that paragraph (f) to read as follows: limit increase.
the Commission shall send a copy of
this Order in MB Docket No. 15–37 in § 76.65 Good faith and exclusive SUMMARY: NMFS increases the trip limit
retransmission consent complaints. in the commercial sector for king
a report to be sent to Congress and the
Government Accountability Office * * * * * mackerel in the Florida east coast
pursuant to the Congressional Review (b) * * * subzone to 75 fish per day in or from the
Act, see 5 U.S.C. 801(a)(1)(A). (1) * * * exclusive economic zone (EEZ). This
(viii) Coordination of negotiations or trip limit increase is necessary to
List of Subjects in 47 CFR Part 76 negotiation on a joint basis by two or maximize the socioeconomic benefits
Cable television. more television broadcast stations in the associated with harvesting the quota.
same local market (as defined in 17
Federal Communications Commission. DATES: This rule is effective 12:01 a.m.,
U.S.C. 122(j)) to grant retransmission
Marlene H. Dortch, local time, March 1, 2015, through
consent to a multichannel video
Secretary. March 31, 2015, unless NMFS publishes
programming distributor, unless such
a superseding document in the Federal
Final rules stations are directly or indirectly under
Register.
common de jure control permitted
For the reasons discussed in the FOR FURTHER INFORMATION CONTACT:
under the regulations of the
preamble, the Federal Communications Susan Gerhart, NMFS Southeast
Commission.
Commission amends 47 CFR part 76 as (ix) The imposition by a television Regional Office, telephone: 727–824–
follows: broadcast station of limitations on the 5305, email: susan.gerhart@noaa.gov.
PART 76—MULTICHANNEL VIDEO ability of a multichannel video SUPPLEMENTARY INFORMATION: The
AND CABLE TELEVISION SERVICE programming distributor to carry into fishery for coastal migratory pelagic fish
the local market (as defined in 17 U.S.C. (king mackerel, Spanish mackerel, and
■ 1. Amend the authority citation for 122(j)) of such station a television signal cobia) is managed under the Fishery
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part 76 to read as follows: that has been deemed significantly Management Plan for the Coastal
Authority: 47 U.S.C. 151, 152, 153, 154, viewed, within the meaning of § 76.54 Migratory Pelagic Resources of the Gulf
301, 302, 302a, 303, 303a, 307, 308, 309, 312, of this part, or any successor regulation, of Mexico and South Atlantic (FMP).
315, 317, 325, 338, 339, 340, 341, 503, 521, or any other television broadcast signal The FMP was prepared by the Gulf of
522, 531, 532, 534, 535, 536, 537, 543, 544, such distributor is authorized to carry Mexico and South Atlantic Fishery
under 47 U.S.C. 338, 339, 340 or 534, Management Councils (Councils) and is
19 See 5 U.S.C. 801(a)(1)(A). unless such stations are directly or implemented under the authority of the
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![Federal Register / Vol. 80, No. 41 / Tuesday, March 3, 2015 / Rules and Regulations 11331
Magnuson-Stevens Fishery NOAA (AA), finds that the need to interim regulations published in the
Conservation and Management Act immediately implement this Federal Register on November 13, 2014.
(Magnuson-Stevens Act) by regulations commercial trip limit increase This document corrects regulatory text
at 50 CFR part 622. constitutes good cause to waive the by including the exemption from certain
On January 30, 2012 (76 FR 82058, requirements to provide prior notice seasonal interim closure areas for
December 29, 2011), NMFS and opportunity for public comment vessels fishing for whiting in the Small
implemented a commercial quota of pursuant to the authority set forth in 5 Mesh Area 1 and 2 Exempted Areas
1,102,896 lb (500,265 kg) for Gulf U.S.C. 553(b)(B), because prior notice with a raised footrope trawl. These two
migratory group king mackerel in the and opportunity for public comment on exempted areas, which overlap with
Florida east coast subzone (50 CFR this temporary rule is unnecessary and certain seasonal closure areas, were
622.384(b)(1)(i)(A)). From November 1 contrary to the public interest. Such inadvertently overlooked in the interim
through March 31, the Florida east coast procedures are unnecessary, because the rule. This action does not make any
subzone encompasses an area of the EEZ rule establishing the trip limits has substantive changes to the interim rule
south of a line extending due east of the already been subject to notice and regulations.
boundary between Flagler and Volusia comment, and all that remains is to DATES: Effective February 26, 2015, until
Counties, FL, and north of a line notify the public of the trip limit May 12, 2015.
extending due east of the boundary increase. They are contrary to the public FOR FURTHER INFORMATION CONTACT:
between Miami-Dade and Monroe interest, because prior notice and William Whitmore, Fishery Policy
Counties, FL. From November 1 through opportunity for public comment would Analyst, phone: 978–281–9182.
the end of February, king mackerel in or require time, thus delaying fishermen’s
from the subzone may be possessed on SUPPLEMENTARY INFORMATION:
ability to catch more king mackerel than
board or landed from a permitted vessel the present trip limit allows and Background
in amounts not exceeding 50 fish per preventing fishermen from reaping the
day (50 CFR 622.385(a)(2)(i)(A)). On November 13, 2014, we published
socioeconomic benefits associated with interim management measures (79 FR
However, beginning on March 1, if this increased trip limit.
less than 70 percent of the Florida east 67362) to increase protection for Gulf of
As this action allows fishermen to
coast subzone king mackerel Maine (GOM) cod in response to a
increase their harvest of king mackerel
commercial quota has been harvested by recently updated stock assessment that
from 50 fish to 75 fish per day in or
that date, king mackerel in or from that concluded the stock is severely
from the EEZ of the Florida east coast
subzone may be possessed on board or depleted. The management measures
subzone, the AA finds it relieves a
landed from a permitted vessel in included seasonal interim closure areas
restriction and may go into effect
amounts not exceeding 75 fish per day where fishing for groundfish is
without a 30-day delay in effectiveness,
(50 CFR 622.385(a)(2)(i)(B)(2)). prohibited. The regulations
pursuant to 5 U.S.C. 553(d)(1).
NMFS has determined that less than implemented through the GOM cod
Authority: 16 U.S.C. 1801 et seq. interim rule allowed vessels fishing
70 percent of the quota for Gulf
migratory group king mackerel in the Dated: February 26, 2015. with exempted gear or fishing in
Florida east coast subzone will be Jennifer M. Wallace, exempted fisheries to continue to fish
harvested by March 1, 2015. Acting Director, Office of Sustainable within the seasonal interim closure
Accordingly, a 75-fish trip limit applies Fisheries, National Marine Fisheries Service. areas; however, the rule mistakenly did
to vessels fishing for king mackerel in or [FR Doc. 2015–04382 Filed 2–26–15; 4:15 pm] not include the Small Mesh Area 1 and
from the EEZ in the Florida east coast BILLING CODE 3510–22–P
2 Exemption Areas.
subzone effective 12:01 a.m., local time, An exempted fishery is implemented
March 1, 2015. The 75-fish trip limit after it is determined that a specific
will remain in effect until the subzone DEPARTMENT OF COMMERCE fishery utilizes a certain gear type, and/
closes or until the end of the current or fishes in specific areas or times that
fishing year (March 31, 2015) for this National Oceanic and Atmospheric result in a groundfish bycatch that is
subzone. Administration less than 5 percent and doesn’t
jeopardize fishing mortality objectives.
Classification 50 CFR Part 648 Vessels fishing in the Small Mesh Areas
The Regional Administrator, [Docket No. 141002822–5169–03] must use raised footrope trawl nets that
Southeast Region, NMFS, has result in minimal groundfish bycatch.
determined this temporary rule is RIN 0648–BE56 Vessels fishing in these areas may not
necessary for the conservation and fish for, possess, or land any groundfish.
Magnuson-Stevens Fishery They are allowed to fish for and possess
management of Gulf migratory group
Conservation and Management Act only whiting, red hake, and a limited
king mackerel and is consistent with the
Provisions; Fisheries of the number of other species.
Magnuson-Stevens Act and other
Northeastern United States; Northeast Additional information on exempted
applicable laws.
This action is taken under 50 CFR Groundfish Fishery; Fishing Year 2014; fisheries can be found online at
622.385(a)(2)(i)(B)(2) and is exempt Interim Gulf of Maine Cod Management www.greateratlantic.fisheries.noaa.gov/
from review under Executive Order Measures; Correction regs/info.html.
12866. AGENCY: National Marine Fisheries Correction
These measures are exempt from the Service (NMFS), National Oceanic and
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procedures of the Regulatory Flexibility Atmospheric Administration (NOAA), We recently recognized that the GOM
Act because the temporary rule is issued Commerce. cod interim rule regulations
without opportunity for prior notice and ACTION: Temporary rule, correcting
inadvertently omitted two small mesh
comment. amendment. exemption areas utilized by groundfish
This action responds to the best vessels. Groundfish vessels are allowed
scientific information available. The SUMMARY: This document makes to fish with small mesh nets using
Assistant Administrator for Fisheries, corrections to the Gulf of Maine cod raised footrope trawls in the Small Mesh
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Document Created: 2015-12-18 11:55:35
Document Modified: 2015-12-18 11:55:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; in-season trip limit increase. | |
| Dates | This rule is effective 12:01 a.m., local time, March 1, 2015, through March 31, 2015, unless NMFS publishes a superseding document in the Federal Register. | |
| Contact | Susan Gerhart, NMFS Southeast Regional Office, telephone: 727-824-5305, email: [email protected] | |
| FR Citation | 80 FR 11330 | |
| RIN Number | 0648-XD79 |
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