66828 Federal Register / Vol. 62, No. 245 / Monday, December 22, 1997 / Rules and Regulations

with paragraph (d)(1) of this subsection,

to private sector work.

(i) Any smaller amount shall not be

less than the sum of the costs specified

in paragraphs (d)(1)(i) and (d)(1)(ii) of

this subsection.

(ii) Any larger amount shall not

exceed the sum of the costs specified in

paragraph (d)(1)(i) of this subsection

and the amount of indirect costs that

would have been allocated to the private

sector work in accordance with the

contractor’s established accounting

practices.

(iii) In determining whether such a

modification is appropriate, the Navy

will consider factors such as the impact

of pre-existing firm-fixed-price Navy

contracts on the amount of costs that

would be reimbursed by the Navy, the

impact of pre-existing private sector

work on the cost benefit that would be

received by the contractor, and the

extent to which allocating a smaller or

larger portion of costs to private sector

work would provide a sufficient

incentive for the contractor to obtain

additional private sector work.

(e) Procedure. A contractor may

submit a request for a shipbuilding

capability preservation agreement,

together with appropriate justification,

through the Deputy Assistant Secretary

of the Navy for Ships, to the Assistant

Secretary of the Navy for Research,

Development and Acquisition, who has

approval or disapproval authority. The

contractor should also provide an

informational copy of any such request

to the cognizant administrative

contracting officer.

Dated: December 16, 1997.

Michael I. Quinn,

Lieutenant Commander, Judge Advocate

General’s Corps, U.S. Navy, Alternate Federal

Register Officer.

[FR Doc. 97–33221 Filed 12–19–97; 8:45 am]

BILLING CODE 3810–FF–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 285

[I.D. 121597C]

Atlantic Tuna Fisheries; Atlantic

Bluefin Tuna

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure; catch limit adjustment.

SUMMARY: NMFS closes the fishery for

large medium and giant Atlantic bluefin

tuna (ABT) conducted by Angling

category fishermen in the southern area

(the waters off Delaware and states

south). Closure of this fishery is

necessary because the 4 metric tons (mt)

of large medium and giant ABT

allocated for this subcategory is

projected to be attained by December 17,

1997. The intent of this action is to

prevent overharvest of this subcategory.

In addition, effective January 1, 1998,

the daily catch limit for ABT is adjusted

to one fish per vessel, which may be

from the school, large school, or small

medium size class. This action is being

taken to lengthen the fishing season and

ensure reasonable fishing opportunities

in all geographic areas without risking

overharvest of the Angling category.

DATES: The closure is effective 11:30

p.m., local time, December 17, 1997,

through December 31, 1997. The daily

catch limit adjustment is effective 12:30

a.m., local time, January 1, 1998, until

the end of the 1998 winter fishery.

NMFS will publish a subsequent

document specifying a closure or any

additional adjustment.

FOR FURTHER INFORMATION CONTACT:

Sarah McLaughlin, 301–713–2347, or

Pat Scida, 978–281–9208.

SUPPLEMENTARY INFORMATION:

Regulations implemented under the

authority of the Atlantic Tunas

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

governing the harvest of ABT by persons

and vessels subject to U.S. jurisdiction

are found at 50 CFR part 285.

Closure

Implementing regulations for the

Atlantic tuna fisheries at 50 CFR 285.22

provide for a total annual quota of 4 mt

of large medium and giant ABT

(measuring greater than 73 inches (185

cm)) to be harvested in the southern

area (south of 38°47’ N. lat.) by vessels

permitted in the Angling category or the

Charter/Headboat category. NMFS is

required, under § 285.20(b)(1), to

monitor the catch and landing statistics

and, on the basis of these statistics, to

project a date when the catch of ABT

will equal the quota applicable to any

period.

As of December 15, 1997, reported

recreational fishery landings of large

medium and giant ABT in the southern

area totaled approximately 3.8 mt.

Information on fishing effort and catch

rates available to NMFS indicates that

the remaining quota is likely to be taken

by the closure date. Therefore, fishing

for, retaining, possessing, or landing

large medium or giant ABT in the

southern area by vessels in the Angling

category or Charter/Headboat category

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

December 17, 1997. This action is to

prevent overharvest of the quota

established for this subcategory.

Recreational anglers may continue to

fish for large medium and giant ABT

under the NMFS tag and release

program (50 CFR 285.27). The Angling

category trophy fishery for large

medium and giant ABT remains open in

the northern area until further notice.

Catch Limit Adjustment

Implementing regulations for the

Atlantic tuna fisheries at § 285.24 allow

for adjustments to the daily catch limits

in order to lengthen the fishing season

and ensure reasonable fishing

opportunities for all geographic areas.

The Assistant Administrator for

Fisheries, NOAA, may increase or

reduce the per angler catch limit for any

size class bluefin tuna or may change

the per angler limit to a per boat limit

or a per boat limit to a per angler limit.

The 1997 Angling category fishery

closed effective October 19, 1997 (62 FR

53247, October 14, 1997). The 1998

Angling category fishery for ABT

measuring 27 inches and greater will

open January 1, 1998. NMFS adjusts the

daily catch limit, effective January 1,

1998 as follows: No more than one

bluefin tuna may be retained each day

per Angling category vessel, which may

be from the school, large school, or

small medium size class. Based on the

high catch rates and large average size

of ABT landed during the first few

months of 1997, this action is being

taken to lengthen the fishing season and

ensure reasonable fishing opportunities

in all geographic areas without risking

overharvest.

Charter/Headboat vessels, when

engaged in recreational fishing for

school, large school, and small medium

ABT, are subject to the same rules as

Angling category vessels. The trophy

fish catch limit of one-per-vessel-peryear will remain in effect for 1998.

Subsequent adjustments to the daily

catch limit, if any, shall be announced

through publication in the Federal

Register. In addition, anglers may call

the Atlantic Tunas Information Line at

301–713–1279 or 978–281–9305 for

updates on quota monitoring and catch

limit adjustments.

Classification

This action is taken under 50 CFR

285.20(b)(1) and 285.24(d)(3) and is

exempt from review under E.O. 12866.

Authority: 16 U.S.C. 971 et seq.
Federal Register / Vol. 62, No. 245 / Monday, December 22, 1997 / Rules and Regulations 66829

Dated: December 16, 1997.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–33300 Filed 12–17–97; 3:35 pm]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 970801188–7288–02; I.D.

070797C]

RIN 0648-AJ45

Fisheries of the Exclusive Economic

Zone Off Alaska; Groundfish of the

Bering Sea and Aleutian Islands Area;

Prohibited Species Catch Limit for

Chionoecetes opilio

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues regulations

implementing Amendment 40 to the

Fishery Management Plan for the

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area (FMP) as

recommended by the North Pacific

Fishery Management Council (Council).

The implementing regulations establish

a prohibited species catch (PSC) limit

for Chionoecetes opilio, a crab species,

in a new C. opilio Bycatch Limitation

Zone (COBLZ) of the Bering Sea. Upon

attainment of a C. opilio bycatch

allowance apportioned to a particular

trawl fishery category, the COBLZ will

be closed to directed fishing for species

in that trawl fishery category. This

measure is necessary to further protect

the stocks of Bering Sea C. opilio by

limiting the incidental take of this

species thereby mitigating the potential

adverse effects of trawl fishing activities

on the C. opilio stock. This measure is

intended to accomplish the objectives of

the FMP with respect to the

management of the Bering Sea and

Aleutian Islands management area

(BSAI) groundfish fishery.

DATES: Effective January 21, 1998.

ADDRESSES: Comments should be sent to

Chief, Sustainable Fisheries Division,

Alaska Region, NMFS, P.O. Box 21668,

Juneau, AK 99802, Attn: Lori J. Gravel,

or delivered to the Federal Building, 709

West 9th Street, Juneau, AK. Copies of

the Environmental Assessment/

Regulatory Impact Review/Final

Regulatory Flexibility Analysis (EA/

RIR/FRFA) prepared for the amendment

may be obtained from the North Pacific

Fishery Management Council, 605 West

4th Avenue, Suite 306, Anchorage, AK

99501–2252; telephone: 907–271–2809.

FOR FURTHER INFORMATION CONTACT: Kim

S. Rivera, 907–586–7228.

SUPPLEMENTARY INFORMATION:

Background

The U.S. groundfish fisheries of the

BSAI in the exclusive economic zone

are managed by NMFS under the FMP.

The FMP was prepared by the Council

under the Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act) and is

implemented by regulations for the

fisheries off Alaska at 50 CFR part 679.

General regulations that also pertain to

U.S. fisheries appear at subpart H of 50

CFR part 600.

Anticipated recruitment of male C.

opilio crab is at a relatively low level,

based on recent NMFS bottom trawl

survey data. The 1996 C. opilio season

produced only 64.6 million lb (29,302

metric tons) for the 235 vessels

participating. This is the lowest catch

since 1984. Survey data from 1996

indicate that adult males are abundant,

but females and pre-recruits (males that

have not reached legal commercial size)

are becoming less abundant. This was

corroborated by the 1997 survey which

showed a 78 percent increase in the

large male (greater than 102 mm, legal

size) population, 45 percent decrease in

the pre-recruit (less than 102 mm) male

population, and a 22 percent decrease in

the small (less than 50 mm) female

population. Although the increase in the

large male population should lead to a

stable abundance of large males, the

lack of very small crabs may indicate

declining abundance over a longer term.

The groundfish fisheries incidentally

catch crab. An objective of the FMP is

to minimize the impact of groundfish

fisheries on crab and other prohibited

species, while providing for rational and

optimal use of the region’s fishery

resources. All gear types used to catch

groundfish have some potential to

incidentally catch crab, but the large

majority of crab bycatch occurs in trawl

fisheries for flatfish.

In view of this FMP objective, the

Council initiated an assessment in

January 1995 of potential measures to

further limit crab bycatch in the

groundfish fisheries. This Council

initiative was also responsive to

increasing concern about the potential

impact of crab bycatch on declining

stocks and future harvests in the

commercial crab fisheries. Proposed

alternatives included the establishment

of bycatch limits for C. opilio.

In June 1996, the Council formed an

industry work group to review proposed

PSC limits for C. opilio. This work

group consisted of three crab fishery

representatives, three trawl fishery

representatives, and one shoreside

processing representative. The group

met November 6–7, 1996, and came to

a consensus on a PSC limit for C. opilio,

based on the best available scientific

information on the abundance and

distribution of the specified crab species

and its rate of bycatch in fisheries for

certain species of groundfish. The

affected industry groups proposed the

following: (1) Establishment of a

COBLZ, (2) an annual specification of a

PSC limit for C. opilio in the COBLZ

based on the total abundance of C.

opilio as indicated by the most recent

NMFS bottom trawl survey, and (3)

establishment of upper and lower

bounds within which the annual C.

opilio PSC limit must be specified.

At its December 1996 meeting, the

Council endorsed the industry work

group agreement and adopted it as

Amendment 40 to the FMP. The Council

recommended that NMFS initiate a

rulemaking to implement the

amendment. A notice of availability of

Amendment 40 was published in the

Federal Register on July 15, 1997 (62 FR

37860), and invited comment on the

amendment through September 15,

1997. One letter containing 3 comments

was received during the comment

period on the amendment. A proposed

rule to implement Amendment 40 was

published in the Federal Register on

August 13, 1997 (62 FR 43307).

Comments on the proposed rule were

invited through September 29, 1997. No

additional comments were received by

the end of the comment period on the

proposed rule. The comments supported

approval of Amendment 40 and the

proposed rule with various suggestions

for modifications. Comments on the

proposed rule are summarized and

responded to in the Response to

Comments section.

The proposed rule included measures

for a C. opilio PSC limit in 1997.

However, after publication of the

proposed rule, it became apparent that

the proposed 1997 C. opilio PSC limit

would not be approached.

Consequently, those proposed measures

have been removed from this final rule.

NMFS anticipates that the Council will

specify a 1998 PSC limit (4,654,000 C.

opilio crab) and the fishery

apportionment thereof as part of the

1998 groundfish specification process.

C. opilio bycatch accrued from January

1, 1998, until the effective date of the

final rule would apply to all fisheries

that take C. opilio in 1998.