Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Rules and Regulations 46677

TABLE 28.120(c).—SURVIVAL CRAFT FOR UNDOCUMENTED VESSELS WITH MORE THAN 16 INDIVIDUALS ON BOARD

Area Vessel type Survival craft required

Beyond 50 miles of coastline ..................................................... All ............................................. Inflatable liferaft with SOLAS A pack.

Beyond 20–50 miles of coastline, cold waters .......................... All ............................................. Inflatable liferaft with SOLAS B pack.

Beyond 20–50 miles of coastline, warm waters ........................ All ............................................. Inflatable liferaft.

Beyond Boundary Line, between 12–20 miles of coastline,

cold waters.

All ............................................. Inflatable liferaft.

Beyond Boundary Line, within 12 miles of coastline, cold waters.10.97 meters (36 ft) or more in

length.

Inflatable buoyant apparatus.

Beyond Boundary Line, within 12 miles of coastline, cold waters.Less than 10.97 (36 ft) in

length.

Buoyant apparatus.

Beyond Boundary Line, within 20 miles of coastline, warm waters.All ............................................. Life float.

Inside Boundary Line, cold waters; or Lakes, bays, sounds,

cold waters; or Rivers, cold waters.

10.97 meters (36 ft) or more in

length.

Inflatable buoyant apparatus.

Inside Boundary Line, cold waters; or Lakes, bays, sounds,

cold waters; or Rivers, cold waters.

Less than 10.97 meters (36 ft)

in length.

Buoyant apparatus.

Inside Boundary Line, warm waters; or Lakes, bays, sounds,

warm waters; or Rivers, warm waters.

All ............................................. None.

Great Lakes, cold waters ........................................................... 10.97 meters (36 ft) or more in

length.

Inflatable buoyant apparatus.

Great Lakes, cold waters ........................................................... Less than 10.97 meters (36 ft)

in length.

Buoyant apparatus.

Great Lakes, beyond 3 miles of coastline, warm waters .......... All ............................................. Buoyant apparatus.

Great Lakes, within 3 miles of coastline, warm waters ............. All ............................................. None.

Note: 1. The hierarchy of survival craft in descending order is lifeboat, inflatable liferaft with SOLAS A pack, inflatable liferaft with SOLAS B

pack, inflatable liferaft with coastal service pack, inflatable buoyant apparatus, life float, buoyant apparatus. A survival craft higher in the hierarchy may be substituted for any survival craft required in this table.

5. Amend § 28.225 by revising

paragraphs (a)(3)(i) and (a)(3)(ii) to read

as follows:

§ 28.225 Navigational information.

(a) * * *

(3) * * *

(i) Tide tables promulgated by the

National Ocean Service; and

(ii) Tidal current tables promulgated

by the National Ocean Service, or a river

current publication issued by the U.S.

Corps of Engineers or a river authority.

* * * * *

6. Amend § 28.270 by revising

paragraph (c) to read as follows:

§ 28.270 Instructions, drills, and safety

orientation.

* * * * *

(c) Training. No individual may

conduct the drills or provide the

instructions required by this section

unless that individual has been trained

in the proper procedures for conducting

the activity.

* * * * *

7. Amend § 28.275 by revising

paragraph (a)(2) and adding paragraph

(a)(3) and a note following paragraph

(a)(3)(ii) to this section to read as

follows:

§ 28.275 Acceptance criteria for

instructors and course curricula.

(a) * * *

(2) A valid merchant mariner’s license

issued by the Coast Guard authorizing

service as master of uninspected fishing

industry vessels and proof of experience

that relates directly to the contingencies

listed in 46 CFR 28.270(a) including—

(i) Experience as an instructor; or

(ii) Training received in instructional

methods; or

(3) A valid merchant mariner’s license

issued by the Coast Guard authorizing

service as a master of inspected vessels

of 100 gross tons or more and proof of

experience that relates directly to the

contingencies listed in 46 CFR 28.270(a)

including—

(i) Experience as an instructor; or

(ii) Training received in instructional

methods. (See note 1.)

Note 1: Persons holding a license

authorizing service as a master of inspected

vessels of 100 gross tons or higher with an

original issue date prior to May 1, 1997, have

until September 15, 1998, to comply with the

provisions listed in § 28.275(a)(3).

* * * * *

Dated: July 17, 1997.

R.C. North,

Rear Admiral, U.S. Coast Guard, Assistant

Commandant for Marine, Safety and

Environmental Protection.

[FR Doc. 97–23444 Filed 9–3–97; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 970730185–7206–02; I.D.

070797B]

RIN 0648–AJ13

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Reef Fish

Fishery of the Gulf of Mexico; Red

Snapper Management Measures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement the provisions of a

regulatory amendment prepared by the

Gulf of Mexico Fishery Management

Council (Council) in accordance with

framework procedures for adjusting

management measures of the Fishery

Management Plan for the Reef Fish

Resources of the Gulf of Mexico (FMP).

For the red snapper fishery in the Gulf

of Mexico exclusive economic zone

(EEZ), the regulatory amendment:

Changes the opening date for the 1997

fall commercial fishing season from

September 15 to September 2; restricts

the harvest of red snapper during the

1997 fall commercial season to an initial

period of September 2 to September 15
46678 Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Rules and Regulations

and, thereafter, to a period from the first

to the 15th of each month until the

commercial fishery is closed (all

openings and closings will be at noon

on the date indicated); establishes a

recreational fishery quota; and

authorizes the Regional Administrator,

Southeast Region, NMFS, to close the

recreational fishery for red snapper in

the EEZ when the recreational quota is

reached or is projected to be reached.

The intended effect of this action is to

maximize economic benefits from the

fishery, and to comply with a

requirement of the Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson-Stevens Act) that

separate Gulf red snapper recreational

and commercial fishing quotas be

established that result in fishery

closures when quotas are taken.

DATES: This rule is effective October 6,

1997, except that the removal of

§ 622.42(a) introductory text and the

revision of § 622.42 (a)(1) is effective

September 2, 1997, and the revision of

§ 622.34(l) is effective September 15,

1997.

FOR FURTHER INFORMATION CONTACT:

Robert Sadler, 813–570–5305.

SUPPLEMENTARY INFORMATION: The reef

fish fishery in the EEZ of the Gulf of

Mexico is managed under the FMP. The

FMP was prepared by the Council and

is implemented under the authority of

the Magnuson-Stevens Act by

regulations at 50 CFR part 622.

The Council proposed adjusted

management measures (a regulatory

amendment) for the Gulf red snapper

fishery for NMFS’ review, approval, and

implementation. These measures were

developed and submitted to NMFS

under the terms of the FMP’s framework

procedure for annual adjustments in

total allowable catch (TAC) and related

measures for the red snapper fishery

(framework procedure). Additional

background for these measures was

published in the proposed rule (62 FR

42478, August 7, 1997) and is not

repeated here.

Comments and Responses

One written comment regarding

timing aspects of the commercial red

snapper fishing season was received

during the comment period.

On August 26, 1997, the NOAA

Assistant Administrator for Fisheries

(Assistant Administrator) approved this

final rule to implement the regulatory

amendment as proposed and submitted

by the Council. This approval decision

was made after considering the

regulatory amendment and the public

comment received on the proposed rule.

Comment: One individual believes

that there is insufficient time available

before the fishery opening date to allow

fishery participants to arrange for vessel

crew and make necessary vessel

preparations required for safe fishing in

the fall season. This individual also

believes that there is insufficient reason

to change certain timing aspects of the

commercial red snapper season (i.e.,

changing the fall fishery opening date

from September 15 to September 2,

1997, followed by the 2-week fishery

opening periods each month (monthly

harvesting periods). Response: NMFS

believes that sufficient time was

provided fishermen to plan for

participation in the fall fishery based on

an opening date of September 2, 1997,

followed by the monthly harvesting

periods. The Council’s Red Snapper

Advisory Panel (AP), composed of

industry participants, recommended the

September 2 fishery opening date to

avoid adverse weather and provide for

better ex-vessel prices for red snapper.

The Council heard public comment,

reviewed the AP’s recommendations,

and considered various opening dates at

its January 15–16, 1997, meeting in

Corpus Christi, Texas. Furthermore,

NMFS announced these possible

management changes in the notice of

proposed rulemaking for this action

published on August 7, 1997, and in a

news release mailed at that time to all

fishery participants.

NMFS disagrees that there is no

compelling reason to support the

September 2 reopening and monthly

harvesting periods. A 1997 fall

commercial red snapper season

beginning on September 2 instead of

September 15 will allow the fishery to

begin at a time with traditionally better

weather, thereby minimizing potential

adverse impacts on fishing operations,

particularly those of smaller vessels. A

continuous harvest of available quota

during the fall fishery (status quo),

rather than the monthly harvesting

periods, would: Cause vessel crew

fatigue that can reduce fishing

productivity; increase the likelihood of

accident or injury because of reduced

crew alertness; and increase the

incidence of vessel and gear

breakdowns resulting in higher repair

costs because normal, preventive

maintenance is postponed. Also,

specifying a two-week period that is

closed each month should allow

improved planning efforts for

participation in other fisheries. For

these reasons, NMFS approved the

Council’s proposed changes in the

timing aspects of the fall fishery.

Red Snapper TAC

In considering management

adjustments for 1997, the Council did

not propose any change to the current

annual red snapper TAC of 9.12 million

lb (4.13 million kg). This TAC is within

the acceptable biological catch (ABC)

range as identified under and required

by the FMP’s framework procedure. The

ABC range assumes achieving a 33–

percent reduction in the shrimp fishery

bycatch mortality of juvenile red

snapper by bycatch reduction devices

(BRDs) in 1997 and an annual 44–

percent reduction thereafter. The

Council addressed this bycatch

reduction objective through

Amendment 9 to the Fishery

Management Plan for the Shrimp

Fishery of the Gulf of Mexico

(Amendment 9), which requires the use

of NMFS-certified (BRDs) in most

shrimp trawls used in the Gulf EEZ.

Considering that NMFS approved

Amendment 9 on July 30, 1997, and that

final regulations implementing

Amendment 9 will not be issued until

later this year, it is likely that bycatch

reduction in 1997 will be less than 33

percent.

The Council contracted a scientific

study to evaluate the minimum

reduction in the 1997 red snapper

shrimp bycatch mortality rate that

would be consistent with the current

program to rebuild the stock to 20

percent spawning potential ratio (SPR)

by 2019. Results of this study indicated

that a 33–percent reduction in red

snapper bycatch by (BRDs) would be

required in 1997 and 44 percent

annually thereafter. However, according

to the study, bycatch reduction of less

than 33 percent in 1997 would not

significantly compromise the current

stock rebuilding program if a 44–percent

reduction was achieved in subsequent

years, i.e., SPR in 2019 would be

between 19.6 and 19.8 percent rather

than the 20–percent goal. These facts

notwithstanding, NMFS has advised the

Council that the current red snapper

rebuilding program must be reevaluated to ensure compliance with the

Magnuson-Stevens Act requirements for

rebuilding overfished stocks. NMFS and

the Council will monitor the status of

the red snapper stock closely and

implement measures necessary to

achieve required stock rebuilding

consistent with the best available data.

Classification

This final rule has been determined to

be not significant for purposes of E.O.

12866.

Before the proposed rule was

published, the Assistant General
Federal Register / Vol. 62, No. 171 / Thursday, September 4, 1997 / Rules and Regulations 46679

Counsel for Legislation and Regulation

of the Department of Commerce

certified to the Chief Counsel for

Advocacy of the Small Business

Administration that the proposed rule,

if adopted, would not have a significant

economic impact on a substantial

number of small entities. Accordingly, a

regulatory flexibility analysis was not

prepared. Specific findings supporting

that conclusion were summarized in the

preamble to the proposed rule and are

not repeated here. No public comments

on the certification were received.

Opening the 1997 fall commercial red

snapper season on September 2, instead

of September 15, would allow the

fishery to begin at a time with

traditionally better weather, thereby

minimizing potential adverse impacts

on fishing operations, particularly those

of smaller vessels. Allowing commercial

harvest only during the first 15 days of

each month would extend the length of

the annual fishing season and thereby

provide market (price) benefits. These

benefits depend on the provisions for

the earlier opening taking effect no later

than September 2, 1997, and on the

provisions for the initial monthly

closure taking effect no later than

September 15, 1997. The Assistant

Administrator for Fisheries, NOAA,

finds that attaining these benefits

constitutes good cause under 5 U.S.C.

553(d)(3) of the Administrative

Procedure Act to waive the normal 30-

day delay in effectiveness of §§ 622.34(l)

and 622.42(a)(1) of this rule.

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico,

Reporting and recordkeeping

requirements, Virgin Islands.

Dated: August 27, 1997.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 622 is amended

as follows:

PART 622—FISHERIES OF THE

CARIBBEAN, GULF, AND SOUTH

ATLANTIC

1. The authority citation for part 622

continues to read as follows:

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

2. In § 622.34, paragraph (l) is revised,

effective September 15, 1997, to read as

follows:

§ 622.34 Gulf EEZ seasonal and/or area

closures.

* * * * *

(l) 1997 closures of the commercial

fishery for red snapper. During 1997, the

possession of red snapper in or from the

Gulf EEZ and on board a vessel for

which a commercial permit for Gulf reef

fish has been issued, as required under

§ 622.4(a)(2)(v), without regard to where

such red snapper were harvested, is

limited to the bag and possession limits,

as specified in § 622.39(b)(1)(iii) and

(b)(2), respectively, and such red

snapper are subject to the prohibition on

sale or purchase of red snapper

possessed under the bag limit, as

specified in § 622.45(c)(1), from noon on

September 15 to noon on October 1, and

thereafter from noon on the 15th of each

month to noon on the first of each

succeeding month until the commercial

red snapper season is closed in

accordance with § 622.43(a)(1). All

times are local times.

3. In § 622.42, paragraph (a)

introductory text is removed and

paragraph (a)(1) is revised, effective

September 2, 1997; and paragraph (a)(2)

is revised, effective October 6, 1997, to

read as follows:

§ 622.42 Quotas.

* * * * *

(a) Gulf reef fish—(1) Commercial

quotas. The following quotas apply to

persons who fish under commercial

vessel permits for Gulf reef fish, as

required under § 622.4(a)(2)(v).

(i) Red snapper—4.65 million lb (2.11

million kg), round weight, apportioned

in 1997 as follows:

(A) 3.06 million lb (1.39 million kg)

available February 1, 1997.

(B) The remainder available at noon

on September 2, 1997, subject to the

closure provisions of §§ 622.34(l) and

622.43(a)(1)(i).

(ii) Deep-water groupers (i.e.,

yellowedge grouper, misty grouper,

warsaw grouper, snowy grouper, and

speckled hind), and, after the quota for

shallow-water grouper is reached,

scamp, combined—1.60 million lb (0.73

million kg), round weight.

(iii) Shallow-water groupers (i.e., all

groupers other than deep-water

groupers, jewfish, and Nassau grouper),

including scamp before the quota for

shallow-water groupers is reached,

combined—9.80 million lb (4.45 million

kg), round weight.

(2) Recreational quota for red

snapper. The following quota applies to

persons who harvest red snapper other

than under commercial vessel permits

for Gulf reef fish and the commercial

quota specified in paragraph (a)(1)(i) of

this section—4.47 million lb (2.03

million kg), round weight.

* * * * *

4. In § 622.43, paragraph (a)(1) is

revised, effective October 6, 1997, to

read as follows:

§ 622.43 Closures.

(a) * * *

(1) Gulf reef fish—(i) Commercial

quotas. The bag and possession limits

specified in § 622.39(b) apply to all

harvest or possession in or from the Gulf

EEZ of the indicated species, and the

sale or purchase of the indicated species

taken from the Gulf EEZ is prohibited.

In addition, the bag and possession

limits for red snapper apply on board a

vessel for which a commercial permit

for Gulf reef fish has been issued, as

required under § 622.4(a)(2)(v), without

regard to where such red snapper were

harvested. However, the bag and

possession limits for red snapper apply

only when the recreational quota for red

snapper has not been reached and the

bag and possession limit has not been

reduced to zero under paragraph

(a)(1)(ii) of this section.

(ii) Recreational quota for red

snapper. The bag and possession limit

for red snapper in or from the Gulf EEZ

is zero.

* * * * *

[FR Doc. 97–23339 Filed 8-29-97; 3:41 pm]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 961226370–7074–02; I.D.

111896A]

RIN 0648–AI15

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Shrimp

Fishery Off the Southern Atlantic

States; Amendment 2; Correction

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; correction.

SUMMARY: NMFS published in the

Federal Register of April 16, 1997, the

testing protocol for bycatch reduction

devices (BRDs). The statistical approach

section of that appendix contains errors.

This document corrects those errors.

DATES: Effective September 4, 1997.

FOR FURTHER INFORMATION CONTACT:

Peter J. Eldridge, 813–570–5305.

SUPPLEMENTARY INFORMATION: The

shrimp fishery off the southern Atlantic

states is managed under the Fishery

Management Plan for the Shrimp

Fishery of the South Atlantic Region

(FMP). The FMP was prepared by the

South Atlantic Fishery Management