Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations 44423

such case, ABT harvested by Panama,

Honduras, and Belize and exported

prior to the effective date of the removal

of import restrictions would continue to

be prohibited from entry.

Changes From the Proposed Rule

No changes were made to the

proposed rule. NMFS conducted a

public hearing on the proposed rule

where one oral comment was received.

NMFS also received one written

comment over the 14-day comment

period. The oral comment suggested

that the rule would be ineffective at

furthering management objectives

considering that the United States

imports no ABT from the affected

countries. NMFS acknowledges that no

ABT are imported from these countries;

however, it is necessary to close a

potential market when other existing

markets, such as Japan, are closed.

Therefore, it is necessary to take this

action. The written comment supported

the rule as necessary to encourage other

Contracting Parties to do the same.

Relation to Proposed Consolidation

The regulatory amendments

contained in this final rule, when

proposed, were drafted to be consistent

with a proposed rule to consolidate all

of the regulations for Atlantic highly

migratory species (HMS) fisheries,

published on November 6, 1996 (61 FR

57361). The proposed consolidation

would group all regulations pertaining

to Atlantic HMS under 50 CFR part 630.

The final consolidated regulations have

not yet been issued. Accordingly, the

regulatory amendments contained in

this final rule were revised to make the

appropriate changes to the existing text

at 50 CFR part 285. The regulatory

amendments contained in this final rule

will eventually be incorporated into the

final consolidated regulations at 50 CFR

part 630. Copies of the proposed

consolidation rule may be obtained by

writing (see ADDRESSES) or calling the

contact person (see FOR FURTHER

INFORMATION CONTACT).

Classification

This rule is published under the

authority of the ATCA, 16 U.S.C. 971 et

seq. The AA has determined that the

regulations contained in this rule are

necessary to implement the

recommendations of ICCAT and are

necessary for the conservation and

management of the Atlantic tuna

fisheries.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief of Advocacy of the Small

Business Administration when this rule

was proposed, that, if adopted, it would

not have a significant economic impact

on a substantial number of small

entities. No comments were received

that would change the basis for that

certification and accordingly, a final

regulatory flexibility analysis was not

prepared.

Notwithstanding any other provision

of law, no person is required to respond

to nor shall a person be subject to a

penalty for failure to comply with a

collection of information subject to the

requirements of the Paperwork

Reduction Act (PRA) unless that

collection of information displays a

currently valid OMB Control Number.

This final rule restates an information

collection requirement subject to the

PRA that is currently approved under

OMB Control Number 0648–0040. The

burden to complete and transmit a

Bluefin Tuna Statistical Document is

estimated at 20 minutes per document.

This final rule has been determined

not to be significant for purposes of E.O.

12866.

The AA has determined that with

respect to the prohibitions on imports

by vessels of Belize or Honduras, there

is good cause to waive the 30-day delay

in the effective date required by 5 U.S.C.

553(d). This rule implements an ICCAT

recommendation with respect to these

countries that must be implemented as

soon as possible after August 4, 1997,

the date the ICCAT recommendation

entered into force. NMFS will rapidly

communicate these dates to tuna

importers and trade representatives

through the FAX network and a press

release. As such, there is good cause to

delay the effective date of this rule with

respect to those two countries. The

effective date with respect to Panama is

January 1, 1998.

List of Subjects in 50 CFR Part 285

Fisheries, Fishing, Penalties,

Reporting and recordkeeping

requirements, Treaties.

Dated: August 14, 1997.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Services.

For the reasons set out in the

preamble, 50 CFR part 285 is amended

as follows:

PART 285—ATLANTIC TUNA

FISHERIES

1. The authority citation for part 285

continues to read as follows:

Authority: 16 U.S.C. 971 et seq.

2. New § 285.87 is added to subpart D

to read as follows:

§ 285.87 Import restrictions for Belize,

Honduras, and Panama.

(a) Effective August 20, 1997 all

shipments of Atlantic bluefin tuna or

Atlantic bluefin tuna products in any

form harvested by a vessel of Honduras

or Belize will be denied entry into the

United States, unless a validated Bluefin

Statistical Document required under

subpart F of this part, §§ 285.200

through 285.205, shows that a particular

shipment of such bluefin tuna was

exported prior to August 20, 1997.

(b) Effective January 1, 1998, all

shipments of Atlantic bluefin tuna or

Atlantic bluefin tuna products in any

form harvested by a vessel of Panama

will be denied entry into the United

States, unless a validated Bluefin

Statistical Document required under

subpart F of this part, §§ 285.200

through 285.205, shows that a particular

shipment of such bluefin tuna was

exported prior to January 1, 1998.

3. In § 285.205, paragraphs (k) and (l)

are added to read as follows:

§ 285.205 Prohibitions.

* * * * *

(k) Import any Atlantic bluefin tuna or

Atlantic bluefin tuna products into the

United States from Belize or Honduras

after August 20, 1997 unless a validated

Bluefin Statistical Document required

under this subpart F, §§ 285.200 through

285.205, shows that a particular

shipment of such bluefin tuna was

exported prior to August 20, 1997.

(l) Import any Atlantic bluefin tuna or

Atlantic bluefin tuna products into the

United States from Panama after January

1, 1998, unless a validated Bluefin

Statistical Document required under

this subpart F, §§ 285.200 through

285.205, shows that a particular

shipment of such bluefin tuna was

exported prior to January 1, 1998.

[FR Doc. 97–21984 Filed 8–20–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 285

[I.D. 081597B]

Atlantic Tuna Fisheries; Atlantic

Bluefin Tuna Fishery

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS closes the fishery for

school Atlantic bluefin tuna (ABT)
44424 Federal Register / Vol. 62, No. 162 / Thursday, August 21, 1997 / Rules and Regulations

conducted by Angling category

fishermen in the waters off Delaware

and states south. Closure of this fishery

is necessary because the annual quota of

51 metric tons (mt) of school ABT

allocated for this subcategory in waters

off Delaware and states south is

projected to be attained by August 18,

1997. The intent of this action is to

prevent overharvest of the quota

established for this fishery.

DATES: Effective 11:30 p.m. local time

on August 18, 1997, through December

31, 1997.

FOR FURTHER INFORMATION CONTACT:

Sarah McLaughlin, 301–713–2347, or

Mark Murray-Brown, 508–281–9260.

SUPPLEMENTARY INFORMATION:

Regulations promulgated under the

authority of the Atlantic Tunas

Convention Act (16 U.S.C. 971 et seq.)

regulating the harvest of ABT by

persons and vessels subject to U.S.

jurisdiction are found at 50 CFR part

285.

Section 285.22(d)(1) of the regulations

provides for an annual quota of 51 mt

of school ABT to be harvested from

waters off Delaware and states south by

individuals in the Angling category. The

Assistant Administrator for Fisheries,

NOAA (AA), is authorized under

§ 285.20(b)(1) to monitor the catch and

landing statistics and, on the basis of

those statistics, to project a date when

the catch of ABT will equal any quota

under § 285.22. The AA is further

authorized under § 285.20(b)(1) to

prohibit fishing for, or retention of,

Atlantic bluefin tuna by those fishing in

the category subject to the quota when

the catch of tuna equals the quota

established under § 285.22. The AA has

determined, based on the reported catch

and estimated fishing effort, that the

annual quota of school ABT for those

fishing in waters off Delaware and states

south will be attained by August 18,

1997. Fishing for, catching, possessing,

or landing any school ABT (measuring

27 inches to less than 47 inches (69 cm

to less than 119 cm)) in the closed area

must cease at 11:30 p.m. local time on

August 18, 1997.

However, anglers may continue to tag

and release ABT of all sizes under the

NMFS tag-and-release program (50 CFR

285.27). The southern area Angling

category fishery for bluefin tuna in the

large school and small medium size

classes (47 inches to less than 59 inches

(119 cm to less than 150 cm), and 59

inches to less than 73 inches (150 cm to

less than 185 cm) curved fork length,

respectively) was closed effective July

20, 1997 (62 FR 35447, July 1, 1997).

Therefore, the southern area Angling

category fishery for school, large school,

and small medium ABT is now closed

for the season.

The fishery for school, large school,

small medium, and trophy ABT

(measuring greater than 73 inches), for

the waters off New Jersey and states

north is not affected by this closure, and

remains open until further notice at a

catch limit of one fish per vessel per

day.

A small amount of trophy ABT

remains in the southern area; pending

attainment of the annual quota for

trophy fish, large medium or giant ABT

(73 inches (185 cm) total curved fork

length or greater) may still be landed

under the Angling category subject to

the trophy fish limit of one per vessel

per year. Such large medium or giant

ABT must be reported to the nearest

NMFS enforcement office as required

under § 285.24. In North Carolina,

trophy fish must be reported to the

Coast Guard at 919–995–6403. Anglers

should verify that the trophy category

remains open by calling the NMFS 24–

hour Information Line at 301–713–1279

prior to each fishing trip.

Classification

This action is taken under 50 CFR

285.20(b) and 50 CFR 285.22 and is

exempt from review under E.O. 12866.

Authority: 16 U.S.C. 971 et seq.

Dated: August 18, 1997.

Gary C. Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–22258 Filed 8–18–97; 2:48 pm]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 961210346–7035–02; I.D.

081597C]

Fisheries of the Northeastern United

States; Summer Flounder Fishery;

Commercial Quota Harvested for

Maryland

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Commercial quota harvest.

SUMMARY: NMFS announces that the

summer flounder commercial quota

available to the State of Maryland has

been harvested. Vessels issued a

commercial Federal fisheries permit for

the summer flounder fishery may not

land summer flounder in Maryland for

the remainder of calendar year 1997,

unless additional quota becomes

available through a transfer. Regulations

governing the summer flounder fishery

require publication of this notice to

advise the State of Maryland that the

quota has been harvested and to advise

vessel and dealer permit holders that no

commercial quota is available for

landing summer flounder in Maryland.

DATES: Effective August 20, 1997,

through December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Lucille L. Helvenston, Fishery

Management Specialist, 508–281–9347.

SUPPLEMENTARY INFORMATION:

Regulations governing the summer

flounder fishery are found at 50 CFR

part 648. The regulations require annual

specification of a commercial quota that

is apportioned among the states from

North Carolina through Maine. The

process to set the annual commercial

quota and the percent allocated to each

state are described in § 648.100.

The initial total commercial quota for

summer flounder for the 1997 calendar

year was set equal to 11,111,298 lb

(5,040,000 kg) (March 7, 1997, 62 FR

10473). The percentage allocated to

vessels landing summer flounder in

Maryland is 2.03910 percent, or 226,570

lb (102,770 kg).

Section 648.100(d)(2) stipulates that

any overages of commercial quota

landed in any state be deducted from

that state’s annual quota for the

following year. In the calendar year

1996, a total of 264,886 lb (120,150 kg)

were landed in Maryland. The amount

allocated for Maryland landings in 1996

was 226,570 lb (102,770 kg), creating a

38,316 lb (17,380 kg) overage that was

deducted from the amount allocated for

landings in that state during 1997 (July

15, 1997, 62 FR 37741 and as corrected

on August 12, 1997, 62 FR 43127). The

resulting quota for Maryland is 188,254

lb (85,391 kg).

Section 648.101(b) requires the

Administrator, Northeast Region, NMFS

(Regional Administrator), to monitor

commercial quotas and to determine

when a state’s commercial quota is

harvested. The Regional Administrator

is further required to publish a notice in

the Federal Register advising a state and

notifying Federal vessel and dealer

permit holders that, effective upon a

specific date, the state’s commercial

quota has been harvested and no

commercial quota is available for

landing summer flounder in that state.

Because the available information

indicates that the State of Maryland has

attained its quota for 1997, the Regional

Administrator has determined based on

dealer reports and other available