Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations 443

although this occurred infrequently in

1997.

(3) The purpose of the third EFP was

to collect reproductive samples for

sablefish to test assumptions in the

stock assessment for that species. An

EFP was requested because a vessel

would have been authorized to land 500

lb (227 kg) in excess of the cumulative

trip limit for trawl-caught sablefish (for

a total of 5 mt in 1996), and would have

been able to sell the scientific samples.

A state or Federal scientist would have

been aboard every trip to gather the

biological data. Although this permit

was approved and issued, it had not

been used at the time this notice was

prepared in late 1997—fish were

obtained directly from processors and

the EFP was not needed.

VII. EFPS Requested for 1998

NMFS has approved requests to

renew the whiting and enhanced data

collection EFPs for 1998. The whiting

EFP described in paragraph VI. will be

continued, pending development and

implementation of a regulation that

would authorize salmon to be retained

and landed in appropriate

circumstances. Fishers are concerned

that their practice of dumping codends

directly into the hold would make

monitoring of trip limits difficult, if not

impossible, and wanted the EFP

continued because it results in the

forfeiture of overages but does not

impose penalties for overages. The

scope of the experiment and level of

participation will be the same as in

1997.

Continuation of the enhanced data

collection program described in

paragraph VI. will also include several

minor changes. The major change will

enable data to be obtained on a vessel

throughout its fishing activities in a

month, even if the vessel is not fishing

for groundfish. This will provide

information on groundfish bycatch in

other fisheries (particularly shrimp

fisheries) and on a fisher’s choice to

pursue alternative fisheries or fishing

strategies. The program also could be

expanded to include whiting fisheries

when the whiting EFP no longer is in

effect.

Requests for these EFPs were

presented at the Council’s November

1997 meeting. Comments on the EFP

programs were invited at the November

1997 Council meeting and the Council

recommended approval. Now that

NMFS has approved the renewal, the

whiting EFPs could be issued as early as

March 1 for vessels delivering in the

State of California, and in the spring for

vessels operating under the enhanced

data collection EFP.

Classification

The final specifications and

management measures for 1998 are

issued under the authority of, and are in

accordance with, the Magnuson-Stevens

Act and 50 CFR parts 600 and 660

subpart G (the regulations implementing

the FMP).

Much of the data necessary for these

specifications and management

measures came from the current fishing

year. Because of the timing of the

receipt, development, review, and

analysis of the fishery information

necessary for setting the initial

specifications and management

measures, and the need to have these

specifications and management

measures in effect at the beginning of

the 1998 fishing year, the AA has

determined that there is good cause

under 5 U.S.C. 553(b)(B) to waive prior

notice and opportunity for public

comment for the specifications and

management measures. Amendment 4 to

the FMP, implemented on January 1,

1991, recognized these timeliness

considerations and set up a system by

which the interested public is notified,

through Federal Register publication

and Council mailings, of meetings and

of the development of these measures

and is provided the opportunity to

comment during the Council process.

The public participated in GMT,

Groundfish Advisory Subpanel,

Scientific and Statistical Committee,

and Council meetings in September and

November 1997 where these

recommendations were formulated.

Additional public comments on the

specifications and management

measures will be accepted for 30 days

after publication of this document in the

Federal Register. The Assistant

Administrator (AA) will consider all

comments made during the public

period and may make modifications as

appropriate.

The harvest specifications and the

management measures designed to

achieve those specifications announced

by this rule do not require any time to

come into compliance with. As

described above, the interested public

has participated in the Council process

where these regulations were

formulated. The Council has provided

information to the industry on the above

management measures and

specifications through the U.S. Coast

Guard Notice to Mariners and the States

of Washington, Oregon, and California

will also deciminate information.

Therefore, the AA finds, under 5 U.S.C.

553(d)(3), as applicable, that it would be

unnecessary or contrary to the public

interest to delay the effective date of the

specifications and management

measures.

NEPA: For the Annual Specifications

and Management Measures and

Exempted Fishing Permits—An

Environmental Impact Statement (EIS)

was prepared for the FMP in 1982 and

Supplemental EISs was prepared for

Amendments 4 and 6 in accordance

with the National Environmental Policy

Act (NEPA). The alternatives considered

and environmental impacts of the

actions in this notice are not

significantly different than those

considered in either the EIS or SEISs for

the FMP, and the actions fall within the

scope of these analyses. The Council

prepared an environmental assessment

(EA) which was the basis for this

conclusion.

For the Makah Whiting Allocation: An

EA also was prepared for the tribal

groundfish rule at 61 FR 28786 which

concluded that the proposed 1996

Makah allocation would have no

significant impact on the human

environment. NMFS updated the EA for

1997 and concluded, as it did in 1996,

that the 1997 Makah allocation would

have no significant impact on the

human environment. The 1998 whiting

HG and allocation are the same as in

1997 and are within the scope

previously analyzed; therefore an

additional EA was not prepared.

Therefore this action is categorically

excluded from the NEPA requirements

to prepare an environmental assessment

in accordance with paragraph 6.02b3(a)

of the NOAA Administrative Order 216–

6.

Dated: December 30, 1997.

Hilda Diaz-Soltero,

Acting Assistant Administrator, for Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–34234 Filed 12–31–97; 10:15

am]

BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 971205289–7313–02; I.D.

120497C]

RIN 0648–AK28

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Reef Fish

Fishery of the Gulf of Mexico; Red

Snapper Minimum Size Limit

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and
444 Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations

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).

The regulatory amendment and this

final rule maintain the current

minimum size limit for red snapper of

15 inches (38.1 cm), total length (TL).

The minimum size limit had been

scheduled to increase to 16 inches (40.6

cm), TL, on January 1, 1998. The

intended effect of this action is to

maximize the economic benefits from

the red snapper resource within the

constraints of the rebuilding program for

this overfished resource.

DATES: This rule is effective January 1,

1998.

FOR FURTHER INFORMATION CONTACT:

Robert A. Sadler, 813-570-5305.

SUPPLEMENTARY INFORMATION: The reef

fish fishery in the exclusive economic

zone 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 MagnusonStevens Fishery Conservation and

Management Act by regulations at 50

CFR part 622.

The Council proposed an adjusted

management measure (a regulatory

amendment) for the Gulf red snapper

fishery for NMFS’ review, approval, and

implementation. This measure was

developed and submitted to NMFS

under the terms of the FMP’s framework

procedure for annual adjustments in

total allowable catch and related

measures for the red snapper fishery

(framework procedure). Additional

background for this measure was

published in the proposed rule (62 FR

65056, December 10, 1997) and is not

repeated here.

Comments and Responses

One comment was received that

supported leaving the minimum size

limit for Gulf red snapper at 15 inches

(38.1 cm), TL, and one comment was

received that supported increasing the

minimum size limit to 16 inches (40.6

cm), TL.

Comment 1: A commenter stated that

it was difficult for fishermen with small

vessels to go far enough offshore to

catch legal-sized 15-inch (38.1–cm) red

snapper. A size increase to 16 inches

(40.6 cm) would pose even a greater

burden on such fishermen to find legalsized fish. He also stated that a size

limit change to 16 inches (40.6 cm)

would increase the number of released

undersized fish killed by dolphins and

sharks. Thus, he supported leaving the

size limit at 15 inches (38.1 cm).

Response: NMFS concurs.

Comment 2: A commenter stated that

the minimum size length should be

increased to 16 inches (40.6 cm). He did

not offer any reason for his conclusion.

Response: The rationale for

maintaining the red snapper minimum

size limit at 15 inches (38.1 cm) is

contained in the proposed rule and is

not repeated here.

The final rule is being issued to

implement the regulatory amendment as

proposed and submitted by the Council.

Classification

This final rule has been determined to

be not significant for purposes of E.O.

12866.

When the proposed rule was

published, the Assistant General

Counsel for Legislation and Regulation

of the Department of Commerce

certified to the Chief Counsel for

Advocacy of the Small Business

Administration that, if adopted, it

would not have a significant economic

impact on a substantial number of small

entities. Accordingly, a regulatory

flexibility analysis was not prepared. No

comments were received regarding this

certification.

This final rule maintains the

minimum size limit for red snapper at

15 inches (38.1 cm), TL, in lieu of

allowing the scheduled regulatory

increase to 16 inches (40.6 cm), TL.

Thus, this final rule relieves a

restriction and, pursuant to 5 U.S.C.

553(d)(1), is not subject to a 30-day

delay in the effective date.

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico,

Reporting and recordkeeping

requirements, Virgin Islands.

Dated: December 30, 1997.

Hilda Diaz-Soltero,

Acting 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 § 622.37, paragraph (d)(3) is

revised to read as follows:

§ 622.37 Minimum sizes.

* * * * *

(d) * * *

(3) Red snapper—15 inches (38.1 cm),

TL.

* * * * *

[FR Doc. 97–34233 Filed 12-30-97; 4:12 pm]

BILLING CODE 3510-22-F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[I.D. 122997B]

Fisheries of the Northeastern United

States; Summer Flounder, Scup, and

Black Sea Bass Fisheries: Summer

Flounder Commercial Quota Transfer

from New Jersey to Connecticut

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration, (NOAA),

Commerce.

ACTION: Commercial quota transfer.

SUMMARY: NMFS announces that the

State of New Jersey is transferring

24,118 lb (10,940 kg) of summer

flounder commercial quota to the State

of Connecticut. NMFS adjusted the

quotas and announces the revised

commercial quota for each state

involved.

DATES: December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Regina Spallone (978) 281–9221.

SUPPLEMENTARY INFORMATION:

Regulations for the summer flounder

fishery are found at 50 CFR part 648,

subparts A and G. The regulations

require annual specification of a

commercial quota that is apportioned

among the coastal states from Maine

through North Carolina. The process to

set the annual commercial quota and the

percent allocated to each state is

described in § 648.100.

Final specifications for the 1997

summer flounder fishery and

adjustments to state commercial quotas

were published March 7, 1997 (62 FR

10473). At that time, the State of New

Jersey was allocated a 1997 quota of

1,371,266 lb (621,996 kg) and the State

of Connecticut was allocated a 1997

quota of 222,806 lb (101,063 kg). These

annual quotas for New Jersey and

Connecticut were set after deducting for

1996 overages.

A readjustment to the 1997 quotas,

based upon additional 1996 landings

information contained in late and/or

additional reports was published July