53278 Federal Register / Vol. 62, No. 198 / Tuesday, October 14, 1997 / Proposed Rules

DATES: Comments must be received in

writing by October 29, 1997.

ADDRESSES: Written comments on this

action should be addressed to David L.

Arnold, Chief, Ozone/CO and Mobile

Sources Section, Mailcode 3AT21, U.S.

Environmental Protection Agency,

Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania 19107.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air, Radiation, and Toxics

Division, U.S. Environmental Protection

Agency, Region III, 841 Chestnut

Building, Philadelphia, Pennsylvania

19107; and the Virginia Department of

Environmental Quality, 629 East Main

Street, Richmond, Virginia, 23219.

FOR FURTHER INFORMATION CONTACT:

Kimberly Peck, (215) 566–2165, at the

EPA Region III office.

SUPPLEMENTARY INFORMATION: Refer to

the information pertaining to this

action, VOC RACT determinations for

individual sources located in Virginia,

provided in the Direct Final action of

the same title located in the Rules and

Regulations Section of this Federal

Register.

Authority: 42 U.S.C. 7401–7671q.

Dated: September 27, 1997.

William T. Wisniewski,

Acting Regional Administrator, Region III.

[FR Doc. 97–27127 Filed 10–10–97; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 970930235–7235–01; I.D.

090397A]

RIN 0648–AJ12

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Coastal

Migratory Pelagic Resources of the

Gulf of Mexico and South Atlantic;

Catch Specifications

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule, request for

comments.

SUMMARY: In accordance with the

framework procedure for adjusting

management measures of the Fishery

Management Plan for the Coastal

Migratory Pelagic Resources of the Gulf

of Mexico and South Atlantic (FMP),

NMFS proposes to increase the total

allowable catch (TAC) for Atlantic

group Spanish mackerel and for Gulf

group king mackerel, revise the

commercial trip limits off the Florida

east and south coasts for the Gulf and

Atlantic groups of king mackerel, and

allow the operator and crew on for-hire

vessels to take the bag limit of Gulf

group king mackerel. The intended

effects of this proposed rule would be to

protect king and Spanish mackerel from

overfishing and maintain healthy stocks

while still allowing catches by

important commercial and recreational

fisheries.

DATES: Written comments must be

received on or before October 29, 1997.

ADDRESSES: Comments on the proposed

rule must be sent to the Southeast

Regional Office, NMFS, 9721 Executive

Center Drive N., St. Petersburg, FL

33702.

Requests for copies of the

environmental assessment and

regulatory impact review supporting

aspects of this action relating to Atlantic

migratory groups of king and Spanish

mackerel should be sent to the South

Atlantic Fishery Management Council,

Southpark Building, One Southpark

Circle, Suite 306, Charleston, SC 29407–

4699, Phone: 803–571–4366, Fax: 803–

769–4520.

Requests for copies of the

environmental assessment, regulatory

impact review, and initial regulatory

flexibility analysis supporting aspects of

this action relating to Gulf group king

and Spanish mackerel should be sent to

the Gulf of Mexico Fishery Management

Council, 3018 U.S. Highway North,

Suite 1000, Tampa, FL, 33619, Phone:

813–228–2815, Fax: 813–225–7015.

Requests for copies of NMFS’

supplementary analysis of economic

impacts on small entities for purposes of

the Regulatory Flexibility Act (RFA)

should be sent to Mark Godcharles,

Southeast Regional Office, NMFS, 9721

Executive Center Drive N., St.

Petersburg, FL 33702.

FOR FURTHER INFORMATION CONTACT:

Mark Godcharles, 813–570–5305.

SUPPLEMENTARY INFORMATION: The

fisheries for coastal migratory pelagic

resources are regulated under the FMP.

The FMP was prepared jointly by the

Gulf of Mexico and South Atlantic

Fishery Management Councils

(Councils) and is implemented by

regulations at 50 CFR part 622.

In accordance with the framework

procedures of the FMP, the Councils

made recommendations to the Regional

Administrator, Southeast Region, NMFS

(RA), for changes in TACs, trip limits,

and bag limits in separate regulatory

amendments. For Atlantic migratory

groups, the Councils recommended

increasing the commercial quota and

recreational allocation for Spanish

mackerel and modifying the commercial

trip limits off Florida for king mackerel.

For Gulf migratory group king mackerel,

the Councils recommended increasing

the commercial quota and recreational

allocation, revising the commercial trip

limit off the Florida east coast, and

restoring the bag limit applicable to

operator and crew of for-hire vessels.

The recommended changes are within

the scope of the management measures

that may be adjusted under the

framework procedure, as specified in 50

CFR 622.48.

TACs, Allocations, and Quotas

The South Atlantic Fishery

Management Council (SA Council)

recommended increasing the annual

TAC for the Atlantic migratory group of

Spanish mackerel from 7.0 million lb

(3.18 million kg) to 8.0 million lb (3.63

million kg), to be effective commencing

with the fishing year that began April 1,

1997. The Gulf of Mexico Fishery

Management Council (Gulf Council)

recommended increasing the annual

TAC for the Gulf migratory group of

king mackerel from 7.8 million lb (3.54

million kg) to 10.6 million lb (4.81

million kg), to be effective commencing

with the fishing year that began July 1,

1997.

Consistent with the FMP’s framework

procedure, the recommended TACs are

within the range of the acceptable

biological catch (ABC) established by

the Councils and calculated by the

Mackerel Stock Assessment Panel

(MSAP). The TACs represent a

biologically conservative approach

supported by the Councils’ Scientific

and Statistical Committees and

Mackerel Advisory Panels. The

respective commercial quotas and

recreational allocations would be

increased under these proposed

increased TACs. Because the increased

quotas and allocations would be higher

than recent harvest levels, no early or

unexpected fishery closures or quota/

allocation overruns are likely.

The Councils’ recommended TACs

are within ABCs that were calculated to

increase or maintain stocks at a 30-

percent spawning potential ratio (SPR)

level. That SPR level represents the

threshold under which stocks are

considered overfished by terms of the

FMP, the level selected by the MSAP at

which stocks produce maximum

sustainable yield, and the optimum

yield (OY) target level approved for Gulf

mackerel groups under Amendment 8.

A 40-percent OY target level was
Federal Register / Vol. 62, No. 198 / Tuesday, October 14, 1997 / Proposed Rules 53279

approved for the Atlantic mackerel

groups.

Currently, the Gulf group king

mackerel is the only mackerel group

considered overfished (SPR level

estimated at 22 percent). The proposed

TAC for this group is within an ABC

range that would rebuild the stock in

about 10 years to the 30-percent SPR

level given the uncertainties of longterm stock-recruitment relationships

and fishing mortality. Later this year,

NMFS expects to advise the Councils, as

required by section 304(e) of the

Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act), of fisheries

that are overfished. The Councils then

must reevaluate and, as necessary,

revise or develop rebuilding programs to

ensure consistency with the

requirements of section 304(e) of the

Magnuson-Stevens Act.

Under the provisions of the FMP, the

recreational and commercial fisheries

are allocated a fixed percentage of TAC.

Under the established percentages, the

proposed revised TACs of 8.0 million lb

(3.63 million kg) for Atlantic group

Spanish mackerel and 10.6 million lb

(4.81 million kg) for Gulf group king

mackerel would be allocated as follows:

Migratory group/species m. lb m. kg

Atlantic Group Spanish

Mackerel—TAC ............... 8.0 3.63

Recreational allocation

(50%) ........................... 4.0 1.81

Commercial quota (50%) 4.0 1.81

Gulf Group King Mackerel—

TAC ................................. 10.6 4.81

Recreational allocation

(68%) ........................... 7.21 3.27

Commercial quota (32%) 3.39 1.54

These allocations and quotas would be

effective for Atlantic group Spanish

mackerel commencing with the fishing

year that began April 1, 1997, and for

Gulf group king mackerel commencing

with the fishing year that began July 1,

1997. Also for Gulf group king mackerel,

the increased commercial quota would

result in concomitant increases in that

group’s zone and subzone commercial

quotas.

Atlantic Group Spanish Mackerel:

Commercial Vessel Trip Limits

The commercial sector of the Atlantic

group Spanish mackerel fishery is

managed under trip limits. In the

southern zone (i.e., south of a line

extending directly east from the

Georgia/Florida boundary), the trip

limits vary depending on the percentage

of the adjusted quota landed. The

adjusted quota is the commercial quota

reduced by an amount calculated to

allow continued harvest of Atlantic

group Spanish mackerel at the rate of

500 lb (227 kg) per vessel per day for the

remainder of the fishing year after the

adjusted quota is reached. Along with

the increased commercial quota, the SA

Council recommended that the adjusted

quota be increased from 3.25 million lb

(1.47 million kg) to 3.75 million lb (1.70

million kg).

Gulf Group King Mackerel: Commercial

Vessel Trip Limits and Recreational

Bag Limits

The Gulf Council recommended

revising the vessel trip limits for the

commercial sector of the Gulf group

king mackerel fishery in the Florida east

coast subzone. The Council

recommended establishing a 50-fish

daily trip limit to ensure full utilization

of the quota while preventing early

season closure. There would be no stepdown in the trip limit when 75 percent

of the quota is taken, as is currently the

case. For the 1996/97 season, the quota

was taken under a 50-fish daily trip

limit that was reduced to 25 fish per day

on March 1, 1997, when 75 percent of

the quota was taken. However, for the

1997/98 season, newly effective

regulations (62 FR 23671; May 1, 1997)

specify a daily trip limit of 750 lb (340

kg) reducing to 500 lb (227 kg) if 75

percent of the quota is taken by

February 15. The Councils have now

concluded that a trip limit of 750 lb (340

kg) is too high and would lead to an

early closure of the fishery. Lower daily

landings under the proposed 50-fish trip

limit would help prevent the quota from

being reached before the season ends

March 31 and should contribute to more

stable markets. The Councils also

recommended changing the trip limit

from pounds of fish to number of fish

to facilitate at-sea enforcement.

The Gulf Council also recommended

that the operator and crew on for-hire

vessels (i.e., charter vessels and

headboats) be allowed to take the bag

limit of Gulf group king mackerel. The

Gulf Council determined that the zero

bag limit for operators and crews,

implemented on June 2, 1997, was no

longer appropriate considering that,

with the proposed increases, the

recreational allocation and TAC would

not likely be exceeded.

Atlantic Group King Mackerel:

Commercial Vessel Trip Limits

The SA Council recommended

revising the vessel trip limits for the

commercial sector of the Atlantic group

king mackerel fishery off the southeast

coast of Florida and off Monroe County

(including the Florida Keys). The

Council recommended changing the trip

limits from pounds to number of fish to

facilitate at-sea enforcement and to

provide a year-round 50-fish daily trip

limit for king mackerel, both Atlantic

and Gulf groups, off the east coast of

Florida.

For the exclusive economic zone

(EEZ) off southeast Florida between the

Volusia/Brevard and Dade/Monroe

County boundaries, the Council

recommended changing the king

mackerel trip limit from 500 lb (227 kg)

to 50 fish from April 1 through October

31. Off Monroe County, the Council

recommended changing the daily vessel

trip limit from 1,250 lb (567 kg) to 125

fish per day from April 1 through

October 31.

The RA initially concurs that

implementation of the Councils’

recommendations is necessary to protect

the king and Spanish mackerel stocks

and prevent overfishing and are

consistent with the FMP, the MagnusonStevens Act, and other applicable law.

Accordingly, the Councils’

recommended changes are published for

comment.

Classification

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

The initial regulatory flexibility

analysis for the rule consists of the

following three parts: An initial

regulatory flexibility analysis prepared

by the Gulf Council (Gulf Council’s

IRFA) for Gulf groups of king and

Spanish mackerel; a regulatory impact

review (RIR) prepared by the SA

Council for Atlantic groups of king and

Spanish mackerel; and NMFS’

Supplementary Analysis under RFA.

The Gulf Council’s IRFA describes the

significant, positive, economic impacts

this proposed rule, if adopted, would

have on small entities affected by the

proposed management changes for the

Gulf groups of king and Spanish

mackerel. The SA Council prepared a

RIR evaluating the economic impacts on

small entities affected by the proposed

management changes for Atlantic

groups of king and Spanish mackerel.

Based on the Gulf Council’s IRFA, the

SA Council’s RIR, and its own

Supplementary Analysis, NMFS has

determined that this regulatory action, if

approved and implemented through

final regulations, would have significant

economic impacts on a substantial

number of small entities for purposes of

the RFA. A summary of the Gulf

Council’s IRFA, the SA Council’s RIR,

and NMFS’ supplementary analysis

follows.

All commercial fishing and charter/

headboat businesses are considered
53280 Federal Register / Vol. 62, No. 198 / Tuesday, October 14, 1997 / Proposed Rules

small entities and both the SA and Gulf

Councils concluded that a substantial

number of small entities (greater than 20

percent) operating in commercial and

for-hire recreational fisheries for

Atlantic and Gulf groups of king and

Spanish mackerel would be affected by

the proposed changes. Specifically, the

proposed increases in Atlantic group

Spanish mackerel and Gulf group king

mackerel commercial quotas and

recreational allocations, and the

proposed changes in trip limits for Gulf

and Atlantic groups of king mackerel

would affect most of the small

businesses engaged in the fisheries.

Although the exact numbers of small

businesses operating in these fisheries is

unknown, as of October 18, 1996,

Federal permits allow a total of 3,819

vessels from Atlantic (1,722 vessels) and

Gulf states (2,097 vessels) to operate in

mackerel fisheries in the EEZ. For

Atlantic states, 1,093 vessels possess

commercial permits, 393 possess

charter/headboat permits, and 236

vessels possess both permits. For Gulf

states, 1,266 vessels possess commercial

permits, 613 possess charter/headboat

permits, and 218 vessels possess both

permits.

The SA Council concluded, based

upon the RIR, that the proposed

revisions would not have a significant

economic impact on a substantial

number of small entities participating in

fisheries for the Atlantic groups of king

and Spanish mackerel. The RIR analysis

included examination of the proposals

to: (1) Increase TAC for Atlantic group

Spanish mackerel, and (2) change

Atlantic group king mackerel trip limits

for the Florida east coast and Monroe

County from pounds to number of fish.

Increases in the commercial quota and

recreational allocation for Spanish

mackerel are not expected to increase

the revenues of commercial harvesters

or charter vessel operators because the

current quota and allocation, which are

lower than the proposed quota and

allocation, are not being caught. The

change in the trip limit for king

mackerel may reduce the overall catch

of the fishermen in the Florida area

because the change to trip limits based

on 50 fish instead of 500 lb (227 kg) of

fish is actually a reduction in pounds

landed per trip since the average weight

of a king mackerel in that area is less

than 10 lb (5 kg). Nonetheless, the

resulting decrease in revenues for those

fishermen is expected to be well below

5 percent of total revenues. Therefore,

the SA Council determined that: (1) Any

impacted businesses would be small

entities; (2) any change in annual gross

revenues likely would be much less

than 5 percent; (3) any increase in

compliance costs would be much less

than a 5-percent increase in total costs

of production; (4) capital costs of

compliance would represent a very

small portion of capital; and (5) no

entity would be expected to cease

business operations. For these reasons,

the SA Council’s RIR analysis

concluded that these proposed measures

were not significant under the RFA and

an IRFA was not prepared for the South

Atlantic mackerels.

The Gulf Council examined the

potential impacts of the

recommendations for Gulf group king

mackerel and found that the increase in

the TAC of 36 percent would result in

a comparable increase in commercial

revenues. Further, the restoration of the

bag limit to captain and crew on for-hire

vessels would be expected to increase

revenues to charter vessel operators

and/or crews, and that compliance and

other costs of the proposed TAC

increase are not significant.

Accordingly, the Gulf Council

determined that: (1) The proposed

changes would increase revenues of a

large portion of the small businesses by

more than 5 percent; (2) the proposed

actions would not be expected to result

in major increases in compliance costs

to the industry; (3) there would be no

differential impact between large and

small entities because all firms expected

to be impacted by the proposals are

small entities; (4) the industry would

not be expected to incur additional

capital costs as a result of the proposed

actions; and (5) the proposed actions

would not be expected to force any

entities out of business. Since it was

determined that the proposed rule

would have a significant impact on a

substantial number of small business

entities, the Gulf Council prepared an

IRFA.

Considering all the management

measures proposed by both Councils in

aggregate, NMFS anticipates that the

TAC increase for Gulf group king

mackerel will more than offset the

revenue decline expected for South

Atlantic group king mackerel and will

result in a significant and positive

economic impact on a substantial

number of small entities participating in

the commercial and for-hire recreational

fisheries for Atlantic group Spanish

mackerel and Gulf group king mackerel.

Specifically, more than 20 percent of the

3,819 permitted small entities affected

will experience an increase in gross

revenues of more than 5 percent because

of the large increase in revenues

expected to result from the proposal to

increase the TAC for Gulf Group king

mackerel by 36 percent. Copies of these

analyses are available (see ADDRESSES).

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico,

Reporting and recordkeeping

requirements, Virgin Islands.

Dated: October 6, 1997.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 622 is proposed

to be 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 § 622.39, paragraph (c)(1)(ii) is

revised to read as follows:

§ 622.39 Bag and possession limits.

* * * * *

(c) * * *

(1) * * *

(ii) Gulf migratory group king

mackerel—2.

* * * * *

3. In § 622.42, paragraphs (c)(1)(i) and

(c)(2)(ii) are revised to read as follows:

§ 622.42 Quotas.

* * * * *

(c) * * *

(1) * * *

(i) Gulf migratory group. The quota for

the Gulf migratory group of king

mackerel is 3.39 million lb (1.54 million

kg). The Gulf migratory group is divided

into eastern and western zones

separated by 87°31′06′′ W. long., which

is a line directly south from the

Alabama/Florida boundary. Quotas for

the eastern and western zones are as

follows:

(A) Eastern zone—2.34 million lb

(1.06 million kg), which is further

divided into quotas as follows:

(1) Florida east coast subzone—1.17

million lb (0.53 million kg).

(2) Florida west coast subzone—1.17

million lb (0.53 million kg), which is

further divided into quotas by gear types

as follows:

(i) 585,000 lb (265,352 kg) for vessels

fishing with hook-and-line gear.

(ii) 585,000 lb (265,352 kg) for vessels

fishing with run-around gillnets.

(3) The Florida east coast subzone is

that part of the eastern zone north of

25°20.4′ N. lat., which is a line directly

east from the Dade/Monroe County, FL,

boundary, and the Florida west coast

subzone is that part of the eastern zone

south and west of 25°20.4′ N. lat.
Federal Register / Vol. 62, No. 198 / Tuesday, October 14, 1997 / Proposed Rules 53281

(B) Western zone—1.05 million lb

(0.48 million kg).

* * * * *

(2) * * *

(ii) Atlantic migratory group. The

quota for the Atlantic migratory group of

Spanish mackerel is 4.00 million lb

(1.81 million kg).

* * * * *

4. In § 622.44, paragraphs (a)(1) (iii)

and (iv), paragraph (a)(2)(i), and the first

sentence of paragraph (b)(2) are revised

to read as follows:

§ 622.44 Commercial trip limits.

* * * * *

(a) * * *

(1) * * *

(iii) In the area between 28°47.8′ N.

lat. and 25°20.4′ N. lat., which is a line

directly east from the Dade/Monroe

County, FL, boundary, king mackerel in

or from the EEZ may not be possessed

on board or landed from a vessel in a

day in amounts exceeding 50 fish from

April 1 through October 31.

(iv) In the area between 25°20.4′ N.

lat. and 25°48′ N. lat., which is a line

directly west from the Monroe/Collier

County, FL, boundary, king mackerel in

or from the EEZ may not be possessed

on board or landed from a vessel in a

day in amounts exceeding 125 fish from

April 1 through October 31.

(2) * * *

(i) Florida east coast subzone. In the

Florida east coast subzone, king

mackerel in or from the EEZ may be

possessed on board or landed from a

vessel for which a commercial permit

for king and Spanish mackerel has been

issued, as required under

§ 622.4(a)(2)(iv), from November 1 each

fishing year until the subzone’s fishing

year quota of king mackerel has been

harvested or until March 31, whichever

occurs first, in amounts not exceeding

50 fish per day.

* * * * *

(b) * * *

(2) For the purpose of paragraph

(b)(1)(ii) of this section, the adjusted

quota is 3.75 million lb (1.70 million

kg). * * *

* * * * *

[FR Doc. 97–27043 Filed 10–10–97; 8:45 am]

BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 642

[I.D. 100197B]

Caribbean Fishery Management

Council; Public Hearing

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Public hearing; request for

comments.

SUMMARY: The Caribbean Fishery

Management Council (Caribbean

Council) will convene public hearings

on Amendment 1 to the Fishery

Management Plan for Corals and Reef

Associated Plants and Invertebrates of

Puerto Rico and the United States Virgin

Islands (Coral FMP).

DATES: Written comments will be

accepted until November 25, 1997. The

public hearings will be on October 21,

22, and 23, 1997, from 7:00 p.m. to

10:00 p.m.

ADDRESSES: Written comments should

be sent to Mr. Miguel A. Rolo ́n,

Executive Director, Caribbean Fishery

Management Council, 268 Mun ̃ oz

Rivera Ave., Suite 1108, San Juan,

Puerto Rico 00918. Copies of

Amendment 1 to the Coral FMP are

available at the Caribbean Fishery

Management Council, 268 Mun ̃ oz

Rivera Avenue, Suite 1108, San Juan,

Puerto Rico 00918.

The hearings will be held as follows:

October 21, 1997, at the Boulon

Center, 16–21 Inighed, Cruz Bay, St.

John, U.S.V.I.

October 22, 1997, at the Legislature

Chambers, 1 Baracc Yard, Veterans

Drive, Charlotte Emily, St. Thomas,

U.S.V.I.

October 23, 1997, at the Caravelle

Hotel, 44A Queens Cross, Christiansted,

St. Croix, U.S.V.I.

FOR FURTHER INFORMATION CONTACT:

Miguel A. Rolo ́n, (787) 766–5926; fax

(787) 766–6239.

SUPPLEMENTARY INFORMATION: The

Caribbean Fishery Management Council

will be holding public hearings on the

draft Amendment Number 1 to the

Fishery Management Plan for Corals and

Reef Associated Plants and Invertebrates

of Puerto Rico and the United States

Virgin Islands for Establishing a Marine

Conservation District. The Council will

be considering the establishment of a

proposed ‘‘no-take’’ marine

conservation district (MCD) in the EEZ

due south of St. John, U.S.V.I. Fishing

and the anchoring of fishing vessels

would be prohibited in the MCD. The

proposed MCD would cover

approximately 20 square nautical miles

and would be delineated by connecting

the following coordinate points in the

order listed:

Point Latitude Longitude

A .............. 18°15.3′ N 64°46.9′ W

B .............. 18°15.0′ N 64°42.2′ W

C .............. 18°12.1′ N 64°42.2′ W

D .............. 18°11.0′ N 64°46.9′ W

Dated: October 7, 1997.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–27072 Filed 10–10–97; 8:45 am]

BILLING CODE 3510–22–P