Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Rules and Regulations 64127 

frequencies. This information collection 

includes rules to govern the operation 

and licensing of 700 MHz band systems 

to ensure that licensees continue to 

fulfill their statutory responsibilities in 

accordance with the Communications 

Act of 1934, as amended. Such 

information will continue to be used to 

verify that applicants are legally and 

technically qualified to hold licenses, 

and to determine compliance with 

Commission rules. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2014–25650 Filed 10–27–14; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 101206604–1758–02] 

RIN 0648–XD586 

Coastal Migratory Pelagic Resources 

of the Gulf of Mexico and South 

Atlantic; 2014–2015 Accountability 

Measure and Closure for Gulf King 

Mackerel in the Florida West Coast 

Northern Subzone 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements an 

accountability measure (AM) for 

commercial king mackerel in the Florida 

west coast northern subzone of the 

eastern zone of the Gulf of Mexico (Gulf) 

in the U.S. exclusive economic zone 

(EEZ) through this temporary final rule. 

NMFS has determined that the quota for 

king mackerel in the Florida west coast 

northern subzone of the Gulf EEZ will 

have been reached by October 27, 2014. 

Therefore, NMFS closes the Florida 

west coast northern subzone to 

commercial king mackerel fishing in the 

EEZ on October 27, 2014, to protect the 

Gulf king mackerel resource. 

DATES: The closure is effective noon, 

local time, October 27, 2014, until 12:01 

a.m., local time, on July 1, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, 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 Coastal Migratory 

Pelagic Resources in the Gulf of Mexico 

and Atlantic Region (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 MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act) by regulations at 50 CFR part 622. 

The Gulf migratory group king 

mackerel is divided into western and 

eastern zones. The Gulf’s eastern zone 

for king mackerel is further divided into 

the Florida west coast northern and 

southern subzones that have separate 

quotas. The December 29, 2011 (76 FR 

82058), final rule specified the quota for 

the Florida west coast northern subzone 

at 178,848 lb (81,124 kg) (50 CFR 

622.384(b)(1)(i)(B)(2)). 

Because 75 percent of the Florida 

west coast northern subzone’s quota had 

been harvested, NMFS published a 

temporary rule on October 14, 2014, to 

reduce the trip limit for the commercial 

sector of king mackerel in the Florida 

west coast northern subzone to 500 lb 

(227 kg) of king mackerel per day in or 

from the EEZ (79 FR 61585). 

Regulations at 50 CFR 622.388(a)(1) 

and 50 CFR 622.384(e) require NMFS to 

close the commercial sector for Gulf 

migratory group king mackerel in the 

Florida west coast northern subzone 

when the quota is reached, or is 

projected to be reached, by filing a 

notification to that effect with the Office 

of the Federal Register. Based on the 

best scientific information available, 

NMFS has determined the commercial 

quota of 178,848 lb (81,124 kg) for Gulf 

migratory group king mackerel in the 

Florida west coast northern subzone 

will be reached by October 27, 2014. 

Accordingly, the northern Florida west 

coast subzone is closed effective noon, 

local time, October 27, 2014, through 

June 30, 2015, the end of the fishing 

year, to commercial fishing for Gulf 

migratory group king mackerel. 

Except for a person aboard a charter 

vessel or headboat, during the closure, 

no person aboard a vessel for which a 

commercial permit for king mackerel 

has been issued may fish for or retain 

Gulf group king mackerel in the EEZ in 

the closed subzone (50 CFR 

622.384(e)(1)). 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 the closed subzone 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 

from the closed subzone, including 

those harvested under the bag and 

possession limits, may not be purchased 

or sold. This prohibition does not apply 

to trade in king mackerel from the 

closed zones or subzones 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)(3)). 

The Florida west coast northern 

subzone is that part of the EEZ between 

26°19.8′ N. latitude (a line directly west 

from the boundary between Lee and 

Collier Counties, FL) and 87°31.1′ W. 

longitude (a line directly south from the 

state boundary of Alabama and Florida). 

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 

622.388(a)(1) and 50 CFR 622.384(e) 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 Florida west coast northern 

subzone of the Gulf eastern zone to 

commercial king mackerel fishing 

constitutes good cause to waive the 

requirements to provide prior notice 

and opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) because prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Prior notice and public 

comment is unnecessary because the 

rule implementing the commercial 

quota and the associated requirement 

for closure of the commercial harvest 

when the 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. Additionally, allowing prior 

notice and opportunity for public 

comment is contrary to the public 


asabaliauskas on DSK5VPTVN1PROD with RULES
64128 Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Rules and Regulations 

interest because of the 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 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 the effectiveness of this 

action under 5 U.S.C. 553(d)(3). 

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

Dated: October 22, 2014. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2014–25600 Filed 10–23–14; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 130919816–4205–02] 

RIN 0648–XD570 

Fisheries of the Northeastern United 

States; Atlantic Herring Fishery; 2014 

Sub-Annual Catch Limit (ACL) 

Harvested for Management Area 1A 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; directed fishery 

closure. 

SUMMARY: NMFS is closing the directed 

herring fishery in management Area 1A, 

because it projects that 92 percent of the 

2014 catch limit for that area will have 

been caught by the effective date of this 

action. This action is necessary to 

comply with the regulations 

implementing the Atlantic Herring 

Fishery Management Plan and is 

intended to prevent excess harvest in 

Area 1A. 

DATES: Effective 0001 hr local time, 

October 26, 2014, through December 31, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Carly Bari, Fishery Management 

Specialist, (978) 281–9224. 

SUPPLEMENTARY INFORMATION: The reader 

can find regulations governing the 

herring fishery at 50 CFR part 648. The 

regulations require annual specification 

of the overfishing limit, acceptable 

biological catch, annual catch limit 

(ACL), optimum yield, domestic harvest 

and processing, U.S. at-sea processing, 

border transfer, and sub-ACLs for each 

management area. The 2014 Domestic 

Annual Harvest is 107,800 metric tons 

(mt); the 2014 sub-ACL allocated to 

Area 1A is 31,200 mt (but was reduced 

to 12,775 mt to account for an overage 

in 2011), and 936 mt of the Area 1A subACL is set aside for research (78 FR 

61828, October 4, 2013). The 2014 Area 

3 sub-ACL was increased to 33,967 mt 

to account for a 3,366 mt underharvest 

in 2012 (79 FR 15253, March 19, 2014). 

The regulations at § 648.201 require 

that when the NMFS Administrator of 

the Greater Atlantic Region (Regional 

Administrator) projects herring catch 

will reach 92 percent of the sub-ACL 

allocated in any of the four management 

areas designated in the Atlantic Herring 

Fishery Management Plan (FMP), NMFS 

will prohibit herring vessel permit 

holders from fishing for, catching, 

possessing, transferring, or landing more 

than 2,000 lb (907.2 kg) of herring per 

trip or calendar day in or from the 

specified management area for the 

remainder of the fishing year. The 

Regional Administrator monitors the 

herring fishery catch in each of the 

management areas based on dealer 

reports, state data, and other available 

information. NMFS publishes 

notification in the Federal Register of 

the date that the catch is projected to 

reach 92 percent of the management 

area sub-ACL and closure of the 

directed fishery in the management area 

for the remainder of the fishing year. 

After the closure, no vessel may offload 

and/or sell more than 2,000 lb (907.2 kg) 

of herring from Area 1A unless that 

vessel entered port before the closure. 

During the directed fishery closure, 

vessels may transit Area 1A with more 

than 2,000 lb (907.2 kg) of herring on 

board only under the conditions 

specified below. 

The Regional Administrator has 

determined, based on dealer reports and 

other available information, that the 

herring fleet will have caught 92 percent 

of the total herring sub-ACL allocated to 

Area 1A (31,249 mt) for 2014 by October 

26, 2014. Therefore, effective 0001 hr 

local time, October 26, 2014, vessel 

issued a Federal herring permit may not 

fish for, catch, possess, transfer, or land 

more than 2,000 lb (907.2 kg) of herring 

per trip or calendar day, in or from Area 

1A through December 31, 2014, except 

that vessels that have entered port 

before 0001 hr on October 26, 2014, may 

offload and sell more than 2,000 lb 

(907.2 kg) of herring from Area 1A from 

that trip after the closure. During the 

directed fishery closure, October 26, 

2014, through December 31, 2014, a 

vessel may transit through Area 1A with 

more than 2,000 lb (907.2 kg) of herring 

on board, provided the vessel did not 

fish for or catch more than 2,000 lb 

(907.2 kg) of herring in Area 1A and the 

vessel’s gear is not available for 

immediate use as defined by § 648.2. 

Effective 0001 hr, October 26, 2014, 

federally permitted dealers may not 

receive herring from federally permitted 

herring vessels that harvest more than 

2,000 lb (907.2 kg) of herring from Area 

1A through 2400 hr local time, 

December 31, 2014, unless it is from a 

trip landed by a vessel that entered port 

before 0001 hr on October 26, 2014. 

During the seasonal period January 1, 

2015, through May 31, 2015, vessels are 

prohibited from fishing for herring in or 

from Area 1A. Beginning on June 1, 

2015, the 2015 allocation for Area 1A 

becomes available. 

Classification 

This action is required by 50 CFR part 

648 and is exempt from review under 

Executive Order 12866. 

NMFS finds good cause pursuant to 5 

U.S.C. 553(b)(B) to waive prior notice 

and the opportunity for public comment 

because it would be contrary to the 

public interest and impracticable. This 

action closes the directed herring 

fishery for Management Area 1A 

through December 31, 2014, under 

current regulations. The regulations at 

§ 648.201(a) require such action to 

ensure that herring vessels do not 

exceed the 2014 sub-ACL allocated to 

Area 1A. The herring fishery opened for 

the 2014 fishing year on January 1, 

2014. Data indicating the herring fleet 

will have landed at least 92 percent of 

the 2014 sub-ACL allocated to Area 1A 

have only recently become available. If 

implementation of this closure is 

delayed to solicit prior public comment, 

the sub-ACL for Area 1A for this fishing 

year may be exceeded, thereby 

undermining the conservation 

objectives of the FMP. If sub-ACLs are 

exceeded, the excess must also be 

deducted from a future sub-ACL and 

would reduce future fishing 

opportunities. NMFS further finds, 

pursuant to 5 U.S.C 553(d)(3), good 

cause to waive the 30-day delayed 

effectiveness period for the reasons 

stated above. 

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

Dated: October 22, 2014. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2014–25635 Filed 10–23–14; 4:15 pm] 

BILLING CODE 3510–22–P 


asabaliauskas on DSK5VPTVN1PROD with RULES