46920 Federal Register / Vol. 62, No. 172 / Friday, September 5, 1997 / Rules and Regulations

3The ICCTA also transferred authority for

collecting financial reports from motor carriers to

the Secretary of Transportation (and not this Board),

under new 49 U.S.C. 14123. The Secretary has

assigned this responsibility to the Bureau of

Transportation Statistics. We will address the

appropriate disposition of the companion part 1249

regulations in a separate proceeding.

4Even without the repeal of the underlying

statutory authority, we would have questioned the

need or appropriateness of continuing to publish

‘‘for reference purposes only’’ more than 70 pages

of regulations that are no longer in effect.

accounting. Instead, carriers could

follow generally accepted accounting

principles for all reporting and

accounting matters. Nevertheless, the

part 1206 USOA regulations were left in

place. The ICC stated that because of

‘‘the value of the USOA as a reference

and its importance to States and others

for assuring uniformity of reporting

. . .[,] the USOA will remain in the

Code of Federal Regulations for

reference purposes only, but it will not

be prescribed as the basis of the

Commission’s one-page report form.’’ 3

I.C.C.2d at 802 (emphasis supplied).

The ICCTA repealed the uniform

accounting provisions of section 11142

for motor carriers.3 Accordingly, we will

remove the part 1206 regulations.4

The Board certifies that elimination of

this rule will not have a significant

economic effect on a substantial number

of small entities. This regulation has

been retained in recent years only as a

reference tool.

This action will not significantly

affect either the quality of the human

environment or the conservation of

energy resources.

List of Subjects in 49 CFR Part 1206

Buses, Motor carriers, Uniform

System of Accounts.

Decided: August 25, 1997.

By the Board, Chairman Morgan and Vice

Chairman Owen.

Vernon A. Williams,

Secretary.

PART 1206—[REMOVED]

For the reasons set forth in the

preamble and under the authority of 49

U.S.C. 721(a), title 49, chapter X, of the

Code of Federal Regulations is amended

by removing Part 1206.

[FR Doc. 97–23460 Filed 9–4–97; 8:45 am]

BILLING CODE 4915–00–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 961227373–6373–01; I.D.

082797F]

Fisheries Off West Coast States and in

the Western Pacific; Pacific Coast

Groundfish Fishery; Sablefish Trip

Limit Changes South of 36° N. Lat.

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Fishing restrictions; request for

comments.

SUMMARY: NMFS announces a change to

restrictions to the Pacific Coast, fixed

gear groundfish fisheries for sablefish

taken and retained, possessed or landed

south of 36° N. lat. This action is

authorized by regulations implementing

the Pacific Coast Groundfish Fishery

Management Plan (FMP), which governs

the groundfish fishery off Washington,

Oregon, and California. This action is

intended to help vessels making longer

trips to reduce their discards. It will also

improve the flexibility of landings

restrictions for fishers south of 36° N.

lat. by allowing them to choose whether

they will land sablefish under the daily

trip limit or under an alternative weekly

trip limit.

DATES: Effective 0001 hours local time

(l.t.) September 1, 1997. This change

remains in effect until the effective date

of the 1998 annual specifications and

management measures for the Pacific

Coast groundfish fishery, unless

modified, superseded, or rescinded.

Comments will be accepted through

September 22, 1997.

ADDRESSES: Submit comments to

William Stelle, Jr., Administrator,

Northwest Region (Regional

Administrator), NMFS, 7600 Sand Point

Way NE., Seattle, WA 98115–0070; or

William Hogarth, Acting Administrator,

Southwest Region, NMFS, 501 West

Ocean Blvd., Suite 4200, Long Beach,

CA 90802–4213.

FOR FURTHER INFORMATION CONTACT:

William L. Robinson at 206–526–6140

or Rodney McInnis at 562–980–4040.

SUPPLEMENTARY INFORMATION: The

following changes to routine

management measures are based on the

best available information, and were

recommended by the Pacific Fishery

Management Council (Council), in

consultation with the states of

Washington, Oregon, and California, at

its April 8–11, 1997, meeting in

Millbrae, CA.

The limited entry fixed gear sablefish

fishery south of 36° N. lat. is currently

managed with a daily trip limit of 350

lb (136 kg) per day. At the April Council

meeting, the Council received testimony

from fishers operating in waters south of

36° N. lat. that the daily trip limit

results in sablefish discards for fishers

who make multi-day trips for other

species. Some limited entry fishers in

that area take fishing trips of 4–6 days

in duration so that they are able to fish

on deepwater species living near the

seamounts off the coast of southern

California. Regardless of the length of

the fishing trip, fishers currently may

land sablefish only under the daily trip

limit. It is possible that on a multi-day

trip targeting deep water rockfish, more

than 350 lb (136 kg) of sablefish may

also be taken. Currently, sablefish

exceeding the daily trip limit must be

discarded because daily trip limits may

not be accumulated over multi-day

trips.

At its April 1997 meeting, the Council

recommended a measure that would

give limited entry, fixed gear sablefish

fishers south of 36° N. lat. the option to

make just one landing per week of above

350 lb (136 kg) but not more than 1,050

lb (476 kg), rather than the current daily

trip limit of 350 lb (136 kg). Fishers may

alternatively choose to operate under

the current regime, which allows fishers

to land 350 lb (136 kg) per day. A fisher

may not make a landing larger than 350

lb (136 kg) and continue to land

sablefish under the daily trip limit for

the rest of the week. For the purposes

of this regulation, a week is 7

consecutive days, from 0001 hours l.t.

Sunday through 2400 hours l.t.

Saturday.

The Council recommended that

NMFS set this measure in place for

September 1 if no more than 210 mt

(462,966 lb) of sablefish have been

landed by all gears in the area south of

36° N. lat. through the end of July. The

sablefish acceptable biological catch

(ABC) for waters south of 36° N. lat. is

425 mt (936,964 lb). Because there is a

possibility that this measure may

increase the rate of sablefish harvest

south of 36° N. lat, the Council placed

the 210 mt (462,966 lb) restriction on

implementing this measure. The

Council expects that, with a south of 36°

N. lat. harvest of less than 210 mt

(462,966 lb) through the end of July, this

measure may be implemented for

September through December without

the risk of exceeding the sablefish ABC

for waters south of 36° N. lat. To further

safeguard the ABC, the Council

recommended removing the option for

one large landing per week if the
Federal Register / Vol. 62, No. 172 / Friday, September 5, 1997 / Rules and Regulations 46921

sablefish harvest south of 36° N. lat.

exceeds 400 mt (881,840 lb) before

December 31, 1997.

The best available information

indicated that approximately 170 mt

(374,782 lb) had been taken by July 31,

1997, in waters south of 36° N. lat.

Therefore, this option will be available

through December 31, 1997, or until the

total sablefish landings for this area

exceed 400 mt (881,840 lb) and this

provision is changed by NMFS,

whichever occurs first. This measure is

intended to help vessels making longer

trips to reduce their discards and is not

intended to accelerate sablefish harvest

in waters south of 36° N. lat. NMFS is

also updating and clarifying language

that explains the trip limits north of 36°

N. lat., but that will not change the

management regime north of 36° N. lat.

NMFS Action

For the reasons stated above, NMFS

concurs with the Council’s

recommendations and makes the

following changes to the 1997 annual

management measures (62 FR 700,

January 6, 1997, as modified).

1. Effective September 1, 1997, for

limited entry, fixed gear fishers landing

sablefish south of 36° N. lat., paragraph

E.(2)(c) of section IV. is amended to read

as follows:

E. Sablefish and the DTS Complex

(Dover Sole, Thornyheads, and TrawlCaught Sablefish)

* * * * *

(2) * * *

(c) Nontrawl trip and size limits. (i)

Daily trip limit. The daily trip limit,

which applies to sablefish of any size,

is in effect north of 36° N. lat. until the

closed periods before or after the regular

season (as specified at 50 CFR 660.323

(a)(2)) (62 FR 45350), between the end

of the regular season and the beginning

of the mop-up season, and after the

mop-up season. The daily trip limit is

in effect throughout the year in Federal

waters south of 36° N. lat. (A) The daily

trip limit for sablefish taken and

retained with nontrawl gear north of 36°

N. lat. is 300 lb (136 kg), not to exceed

600 lb (272 kg) cumulative in a calendar

month in which the daily trip limit is

in effect (e.g., August before the start of

the regular season on August 25, 1997;

in September after the close of the

regular season; and in October after the

mop-up season. Exact dates of the mopup season are yet to be announced.) (B)

The daily trip limit for sablefish taken

and retained with nontrawl gear south

of 36° N. lat. is (1) 350 lb (159 kg) with

no cumulative limit on the amount of

sablefish that may be retained in a

month; or (2) one landing of sablefish

per week above 350 lb (159 kg) but not

to exceed 1,050 lb (476 kg). A week is

7 consecutive days, from 0001 hours l.t.

Sunday through 2400 hours l.t.

Saturday.

* * * * *

Classification

This action is authorized by the

regulations implementing the FMP. The

determination to take this action is

based on the most recent data available.

The aggregate data upon which the

determination is based are available for

public inspection at the office of the

Regional Administrator (see ADDRESSES)

during business hours. NMFS has

determined that good cause exists for

this document to be published without

affording a prior opportunity for public

comment or a 30-day delayed

effectiveness period. Because this action

would reduce a burden on some

sablefish fishers while reducing

discards of sablefish caught south of 36°

N. lat., and because the public had an

opportunity to comment on the action at

the April 1997 Council meeting,

providing an opportunity for public

comment now is unnecessarily and

contrary to the public interest. This rule

relieves a restriction. These actions are

taken under the authority of 50 CFR

660.323(b)(1), and are exempt from

review under E.O. 12866.

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

Dated: August 29, 1997.

Gary C. Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–23561 Filed 8–29–97; 4:50 pm]

BILLING CODE 3510–22–F