48060 Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Notices

dogfish for sale, dealers purchasing this

species from permitted vessels, and

party and charter boats in the spiny

dogfish fishery. It is anticipated that

operators of commercial vessels (vessels

with permits to sell spiny dogfish) and

operators of party and charter boats will

be required to obtain permits.

It is anticipated that vessels landing

spiny dogfish for sale would need to

submit logbooks. It is anticipated that

dealers purchasing these species from

permitted commercial vessels would

need to submit reports. It is anticipated

that operators of charter and party boats

would need to submit logbooks.

In the Paperwork Reduction Act (SF–

83) forms prepared by NMFS for

Amendment 2 to the Summer Flounder

FMP, the Dealer Purchase Report was

estimated to involve 1,255 respondents

and 26+ responses per respondent per

year, for a total of 33,135 responses at

0.0448 hours per response, for a total of

1,485 hours. The Vessel Logbook was

estimated at 1,314 respondents, 12

responses per respondent, at 0.08 hours

per response, for a total of 1,261 burden

hours. The Vessel Permit was estimated

at 24,943 annual responses at 0.2878

hours per response, for a total of 7,179

burden hours.

Similar burden hours should be

experienced through spiny dogfish

management. These burden hours may

be reduced if vessels with summer

flounder permits qualify for the spiny

dogfish fishery. Currently, operating

permits are required in the Northeast

Multispecies, Atlantic Sea Scallop, and

Summer Flounder fisheries. It is

expected that the burden hours for the

operator permit for spiny dogfish would

be similar to those estimated for the

operator permit for the Summer

Flounder fishery.

Timetable for EIS Preparation and

Decision Making

The Councils have adopted a tentative

FMP preparation, review, and approval

schedule for spiny dogfish. Under this

schedule, the draft EIS is planned for

completion during 1998. If an

acceptable draft is completed, the

Councils could decide in 1998 whether

to submit the draft EIS for public

review. Oral comments to the Councils

on their decision could be made at the

respective Council meetings. If the

Councils’ decisions are affirmative,

public review of the draft EIS would

occur 45 days following these meetings.

During late 1998, the Councils would

decide on the final management

measures and proposed regulations for

spiny dogfish. Again, oral comments on

this decision could be made to the

Councils at those meetings. If the

Councils’ decisions are affirmative, the

EIS would be made final and submitted

with the FMP and other rulemaking

documents to the Secretary for review

and approval. The Councils reserve the

right to modify or abandon this

schedule if determined necessary.

Under the Magnuson-Stevens Act,

Secretarial review and approval of a

proposed FMP is completed in no more

than 95 days and includes concurrent

public comment periods on the FMP

and proposed regulations. If approved

by the Secretary under this schedule,

the spiny dogfish management measures

would be effective in 1998 or 1999.

Special Accommodations

The meetings are physically

accessible to people with disabilities.

Requests for sign language

interpretation or other auxiliary aids

should be directed to David R. Keifer

(see ADDRESSES) at least 5 days prior to

the meeting date.

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

Dated: September 9, 1997.

Bruce Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–24228 Filed 9–11–97; 8:45 am]

BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[Docket No. 970828208–7208–01; I.D.

072997C]

RIN 0648–XX88

Scup and Black Sea Bass; Interstate

Fishery Management Plans

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of determination of

noncompliance; notice of

implementation of a moratorium.

SUMMARY: In accordance with the

Atlantic Coastal Fisheries Cooperative

Management Act of 1993 (Act), 16

U.S.C. 5101 et seq., the Secretary of

Commerce (Secretary) has determined

that the State of Maryland and the

Commonwealth of Massachusetts are

not in compliance with the Atlantic

States Marine Fisheries Commission’s

(Commission) Interstate Coastal Fishery

Management Plans (FMPs) for scup and

black sea bass and that the measures

Maryland and Massachusetts have failed

to implement are necessary for the

conservation of the fishery in question.

Pursuant to the Act, a Federal

moratorium on fishing for scup and

black sea bass within Maryland and

Massachusetts state waters effective

November 15, 1997, is hereby declared.

DATES: This declaration is made on

September 11, 1997. This moratorium

will become effective on November 15,

1997, unless, by November 1, 1997, the

State of Maryland and/or the

Commonwealth of Massachusetts adopt

and implement measures bringing

themselves into compliance with the

Commission’s FMPs. If the State of

Maryland and/or the Commonwealth of

Massachusetts adopt and implement the

measures required by the FMPs, the

Secretary will publish an appropriate

announcement in the Federal Register

rescinding the moratorium with respect

to State and/or Commonwealth.

FOR FURTHER INFORMATION CONTACT:

Richard H. Schaefer, Chief, Staff Office

for Intergovernmental and Recreational

Fisheries, NMFS, 301–427–2014.

SUPPLEMENTARY INFORMATION:

Background

The Act was enacted to support and

encourage the development,

implementation, and enforcement of the

Commission’s FMPs to conserve and

manage Atlantic coastal fishery

resources.

Section 807 of the Act specifies that,

after notification by the Commission

that an Atlantic coastal state is not in

compliance with a Commission’s FMP,

the Secretary shall make a finding, no

later than 30 days after receipt of the

Commission’s determination, on: (1)

Whether the state has failed to carry out

its responsibilities to implement and

enforce the Commission’s FMP; and (2)

whether the measures that the state has

failed to implement and enforce are

necessary for the conservation of the

fishery in question. If the Secretary

finds that the state is not in compliance

with the Commission’s FMP, and if the

measures the state has failed to

implement are necessary for the

conservation of the fishery, the

Secretary shall declare (i.e., impose) a

moratorium on fishing in that fishery

within the waters of the noncomplying

state. The Secretary shall specify the

moratorium’s effective date, which shall

be any date within 6 months after

declaration of the moratorium. In

making such a finding, the Secretary

shall carefully consider the comments of

the Commission, the coastal state found

out of compliance by the Commission,

and the appropriate Regional Fishery

Management Councils.
Federal Register / Vol. 62, No. 177 / Friday, September 12, 1997 / Notices 48061

Activities Pursuant to the Act

On June 27, 1997, the Secretary

received letters from the Commission

prepared pursuant to section 806(b) of

the Act. The Commission’s letters stated

that the State of Maryland’s and the

Commonwealth of Massachusetts’ scup

and black sea bass regulations did not

meet the provisions of the Commission’s

FMPs, and, therefore, the Commission

found the State of Maryland and the

Commonwealth of Massachusetts out of

compliance with the FMPs as described

below:

Scup

The State of Maryland has not

implemented and is not enforcing the

Commission’s FMP for scup because it

has not adopted the following measures

contained in the FMP:

a. Minimum sizes for commercial and

recreational fisheries (9 inches),

b. Minimum mesh sized for

commercial fisheries (7 inches),

c. Commercial quota limitation (4–1/

2 inches),

d. Permitting and reporting

requirements,

e. Summer closure for the commercial

fishery,

f. Pot and trap limitations, and

g. Prohibition concerning roller gear

greater than 18 inches.

The Commonwealth of Massachusetts

has not implemented permit and

reporting requirements and restrictions

on the use of pot and trap gear.

Black Sea Bass

The State of Maryland has not

implemented and is not enforcing the

Commission’s FMP for black sea bass

because it has not adopted the following

measures contained in the FMP:

a. Minimum size for commercial

fisheries (9 inches),

b. Minimum mesh size for

commercial fisheries (4 inches),

c. Pot and trap restrictions, and

d. Restriction on roller gear in excess

of 18 inches.

The Commonwealth of Massachusetts

has not implemented and is not

enforcing the Commission’s FMP for

black sea bass because it has not

adopted the pot and trap restrictions

contained in the FMP.

The Commission’s letters also

suggested that the Secretary use his

discretionary authority under the Act to

delay the date of the moratorium for up

to 6 months, because both states are

making an effort to come into

compliance.

Both states have agreed with the

Commission’s determination that they

are not in compliance, but are taking

action to be in compliance with both

Commission FMPs by September 19,

1997, for Massachusetts, and October

20, 1997, for Maryland. Further

comments were received from the

Commission; the New England and MidAtlantic Fishery Management Councils;

NMFS’ Northeast Science Center; and

the Department of Interior’s U.S. Fish

and Wildlife Service.

Determination Regarding Compliance

by the State of Maryland and the

Commonwealth of Massachusetts

Based on a careful analysis of all

relevant information, and taking into

account comments presented by the

State of Maryland and the

Commonwealth of Massachusetts, the

Secretary has determined that the State

of Maryland and the Commonwealth of

Massachusetts are not in compliance

with the Commission’s FMPs for scup

and black sea bass. This determination

is based on Maryland’s and

Massachusetts’ failure to implement and

enforce regulatory measures established

in the Commission’s scup and black sea

bass FMPs. Further, the Secretary has

determined that enforcement of these

measures is necessary for the

conservation of scup and black sea bass.

Although the State of Maryland and

the Commonwealth of Massachusetts

are not in compliance with the

Commission’s FMPs for scup and black

sea bass, because they are making

expeditious efforts to promulgate

regulations which would bring

themselves into compliance by

November 1997, the Secretary is

delaying the effective date of the

moratorium until November 15, 1997. If

the State of Maryland and/or the

Commonwealth of Massachusetts adopt

and implement measures bringing

themselves into compliance, the

Secretary will publish an appropriate

announcement in the Federal Register

rescinding the moratorium with respect

to the State and/or the Commonwealth.

If the State of Maryland and/or the

Commonwealth of Massachusetts have

not promulgated appropriate regulations

by November 1, 1997, the moratorium

will go into effect as of November 15,

1997. In such case, NMFS will

promulgate a final regulation

prohibiting fishing for scup, black sea

bass, or both within Maryland and/or

Massachusetts state waters, effective

November 15, 1997. Delaying the

effective date of the moratorium until

November 15, 1997, will not

significantly diminish conservation

efforts because each state does have

conservation measures in effect,

although they do not meet the

Commission’s FMPs for scup and black

sea bass.

NMFS will notify the Governors of

Maryland and Massachusetts of this

action and will promulgate the

regulations in the Federal Register

necessary to implement this moratorium

effective November 15, 1997. If the

moratorium goes into effect, the

Secretary will terminate it immediately

with respect to the State and/or the

Commonwealth upon receipt of

notification from the Commission, and

if the Secretary concurs with the

Commission, that the State and/or the

Commonwealth of Massachusetts have

taken appropriate remedial actions to

bring themselves into compliance.

Dated: September 9, 1997.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–24203 Filed 9–11–97; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 090897A]

Pacific Fishery Management Council;

Public Meeting

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public meeting.

SUMMARY: The Pacific Fishery

Management Council’s (Council)

Groundfish Management Team (GMT)

will hold a public meeting.

DATES: The meeting will be held on

Monday, September 29, 1997 at 1:00

p.m. and will continue through Friday,

October 3, 1997. The Tuesday through

Friday sessions will begin at 8:00 a.m.

and may go into the evening until

business for the day is completed.

ADDRESSES: The meeting will be held in

the conference room at the Council

office, 2130 SW Fifth Avenue, Suite

224, Portland, OR 97201.

FOR FURTHER INFORMATION CONTACT: Jim

Glock, Groundfish Fishery Management

Coordinator; telephone: (503) 326–6352.

SUPPLEMENTARY INFORMATION: The

primary purpose of the meeting is to

prepare analyses and reports for the

Council’s November 1997 meeting. The

GMT will address topics as drafting

assignments are prepared and

completed during this meeting. As a

result, daily agendas or schedules will

not be available in advance of the