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
Federal Register / Vol. 63, No. 3 / Tuesday, January 6, 1998 / Rules and Regulations 445

15, 1997 (62 FR 37741). As a result of

this action, the quota for the State of

New Jersey was set equal to 1,347,592

lb (611,257 kg). The quota for the State

of Connecticut was unchanged.

The final rule implementing

Amendment 5 to the Fishery

Management Plan for the Summer

Flounder Fishery (FMP) published on

December 17, 1993 (58 FR 65936),

allows two or more states, under mutual

agreement and with the concurrence of

the Administrator, Northeast Region,

NMFS (Regional Administrator), to

transfer or combine summer flounder

commercial quota. The Regional

Administrator is required to consider

the criteria set forth in § 648.100(e)(1) in

the evaluation of requests for quota

transfers or combinations.

The State of New Jersey has agreed to

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

commercial quota to the State of

Connecticut. The Regional

Administrator having determined that

the criteria set forth in § 648.100(e)(1)

have been met, publishes this

notification of quota transfers. The

revised quotas for the calendar year

1997 are as follows: New Jersey,

1,323,474 lb (600,318 kg); and

Connecticut, 246,924 lb (112,003 kg).

This action does not affect a

notification concerning the commercial

quota harvest that prohibited further

landings of summer flounder by

federally permitted vessels in

Connecticut made effective September

11, 1997 (62 FR 47767).

This action does not alter any of the

conclusions reached in the

environmental impact statement

prepared for Amendment 2 to the FMP

regarding the effects of summer flounder

fishing activity on the human

environment. Amendment 2 established

procedures for setting an annual

coastwide commercial quota for summer

flounder and a formula for determining

commercial quotas for each state. The

quota transfer provision was established

by Amendment 5 to the FMP and the

environmental assessment prepared for

Amendment 5 found that the action had

no significant impact on the

environment. Under section

6.02b.3(b)(i)(aa) of NOAA

Administrative Order 216–6, this action

is categorically excluded from the

requirement to prepare additional

environmental analyses. This is a

routine administrative action that

reallocates commercial quota within the

scope of previously published

environmental analyses.

Classification

This action is taken under

50 CFR part 648 and is exempt from

review under E.O. 12866.

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

Dated: December 30, 1997.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–34241 Filed 12-31-97; 1:00 pm]

BILLING CODE 3510–22–F