8634 Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Rules and Regulations

service, both incumbents and new

market entrants, whether facilities or

non facilities-based providers of

telephone exchange service, should be

enabled to use the 611 and 811 codes for

repair services and business office uses

as the incumbent LECs do now; and (2)

by dialing these N11 numbers,

customers should be able to reach their

own carriers’ repair or business services.

It is further ordered, that a LEC may

not itself offer enhanced services using

a 411 code, or any other N11 code,

unless that LEC offers access to the code

on a reasonable, nondiscriminatory

basis to competing enhanced service

providers in the local service area for

which it is using the code to facilitate

distribution of their enhanced services.

It is further ordered, that the North

American Numbering Council will

explore how rapidly abbreviated dialing

arrangements could be deployed and

report back to the Commission on this

issue.

It is further ordered that GSA’s

request for a national N11 assignment is

denied and that NASTD’s request for a

national assignment is granted in part as

discussed in this First Report and Order,

and otherwise denied.

List of Subjects

47 CFR Part 52

Local exchange carrier, Numbering,

Telecommunications.

47 CFR Part 64

Communications common carriers,

Telephone.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 97–4787 Filed 2–25–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 285

[Docket No. 960416112–7026–05; I.D.

020597C]

RIN 0648–AJ04

Atlantic Tuna Fisheries; Regulatory

Adjustments

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Interim final rule.

SUMMARY: NMFS amends the regulations

governing the Atlantic bluefin tuna

(ABT) fisheries to provide authority for

NMFS to close and/or reopen all or part

of the Angling category in order to

provide for equitable distribution of

fishing opportunities throughout the

species range. The regulatory

amendments are necessary to increase

the geographic and temporal scope of

data collection from the scientific

monitoring quota established for the

United States under the international

ABT stock recovery program.

Additionally, this rule allows a more

equitable geographic and temporal

distribution of fishing opportunities for

all fishermen in the Angling category,

thus furthering domestic management

objectives for the Atlantic tuna fisheries.

EFFECTIVE DATE: The interim final rule is

effective February 21, 1997.

ADDRESSES: Comments on the interim

final rule should be directed to, and

copies of supporting documents,

including an Environmental

Assessment/Regulatory Impact Review

(EA/RIR) are available from, William

Hogarth, Acting Chief, Highly Migratory

Species Management Division, Office of

Sustainable Fisheries (F/SF1), NMFS,

1315 East-West Highway, Silver Spring,

MD 20910–3282.

FOR FURTHER INFORMATION CONTACT: John

Kelly, 301–713–2347.

SUPPLEMENTARY INFORMATION: The

Atlantic tuna fisheries are managed

under the authority of the Atlantic

Tunas Convention Act (ATCA). ATCA

authorizes the Secretary of Commerce

(Secretary) to implement regulations as

may be necessary to carry out the

recommendations of the International

Commission for the Conservation of

Atlantic Tunas (ICCAT). The authority

to implement ICCAT recommendations

has been delegated from the Secretary to

the Assistant Administrator for

Fisheries, NOAA (AA). ICCAT has

established a stock recovery program for

ABT and has recommended an annual

scientific monitoring quota of 2,354

metric tons (mt) for nations fishing in

the western Atlantic Ocean, of which

the United States has been allocated

1,344.4 mt for 1997.

An initial quota of 243 mt was

established for the Angling category in

1996 (61 FR 30183, June 14, 1996).

NMFS estimated that nearly 60 mt of

this quota was harvested in an

unprecedented winter fishery off of

North Carolina. The high level of

landings early in the season had an

unanticipated negative impact on

traditional ABT fisheries in northern

states and resulted in premature

closures. Consequently, a number of

fishery participants requested that

NMFS take measures to avoid such

closures in the future.

This interim final rule responds to

comments received in response to an

advance notice of proposed rulemaking

(ANPR) (61 FR 43518, August 23, 1996).

As stated in the ANPR, current

regulations require the AA to monitor

catch and landings statistics and close a

fishery or quota category when it is

projected that the quota has been

attained. Another regulation enables the

AA to adjust the daily catch limit in

order to effect a fair allocation of fishing

opportunities as the ABT migrate along

the Atlantic coast. However, since the

regulations do not adequately provide

for geographic or temporal distribution

of the entire Angling category quota, is

difficult to achieve an equitable

distribution of fishing opportunities to

all areas.

One of the regulatory options

presented in the ANPR was

implementation of a June 1 opening of

the Angling category fishery. Such a

delay in the season opening could

ensure fishing opportunities for

fishermen participating in the more

northern ABT fisheries. This date would

coincide with the commencement of the

General category season. Under the

alternative, fishing for ABT from

January 1 to May 31 would be allowed

under the tag and release program only.

Alternatively, the ANPR noted that

regulations could be amended to allow

the AA, upon determining that

variations in seasonal distribution,

abundance, or migration patterns of

ABT, and the catch rate, are preventing

fishermen in an identified area from

harvesting a portion of the quota, to

close the Angling category and reopen it

at a later date, when the bluefin have

migrated to the identified area.

The ANPR established a 30-day

comment period during which NMFS

received numerous comments on the

options presented. These comments are

summarized below.

Comments and Responses

Comment: Angling category permit

holders expressed concern about

decreased or loss of fishing

opportunities in some areas as a result

of increased landings of large school,

small medium, and trophy class ABT in

the North Carolina winter fishery. Some

commenters support NMFS having the

authority to close and/or reopen all or

part of the Angling category in order to

ensure an equitable distribution of

fishing opportunities among anglers of

all geographic areas. Some commenters

felt that this would be a more reasonable

solution than delaying the Angling

category season until June 1. Still others
Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Rules and Regulations 8635

suggested that since the winter fishery

off North Carolina is not historical, at

least at current levels, it should not be

allowed to increase if it is likely to

jeopardize the ABT recovery program or

preclude fisheries in traditional areas.

Response: NMFS recognizes that the

recent and unprecedented increase in

Angling category landings of ABT in the

early season North Carolina fishery has

caused concern among Angling category

permit holders about decreased fishing

opportunities further north. This

interim final rule is meant to address

that concern by allowing NMFS to

adjust opening and closing dates as the

schools of fish move along the coast to

new fishing areas, in order increase the

scope of data collection and to allow a

more equitable geographic and temporal

distribution of fishing opportunities.

NMFS believes that this expanded

authority for interim closures, combined

with geographic subdivisions of the

quota currently under consideration,

could adequately address the scientific

monitoring and fishing opportunity

issues without delaying the opening of

the fishing season until June.

Management Measures

This interim final rule expands NMFS

authority to close the ABT Angling

category for reasons other than

attainment of quota. Upon determining

that variations in seasonal distribution,

abundance, or migration patterns of

ABT, or the catch rate in one area may

preclude anglers in an another area from

a reasonable opportunity to harvest a

portion of the quota, NMFS may close

all or part of the Angling category, and

may reopen it at a later date, to ensure

that ABT have migrated to the identified

area before the entire Angling category

quota is reached.

This regulatory change will improve

NMFS’ ability to implement ICCAT

recommendations, including scientific

monitoring of the stock and restricting

catch to within the overall quota and the

subquota for school size ABT.

Additionally, this measure will further

the domestic management objectives for

the Atlantic tuna fisheries. This interim

final rule will allow the North Carolina

winter fishery for ABT to be conducted

without taking such an inordinate share

of any of the three size class quotas that

fisheries in other areas are precluded.

Classification

This interim final rule is published

under the authority of the ATCA, 16

U.S.C. 971 et seq. The AA has

determined that the regulations

contained in this rule are necessary to

implement the recommendations of

ICCAT and are necessary for

management of the Atlantic tuna

fisheries.

This interim final rule has been

determined to be not significant for

purposes of E.O. 12866.

NMFS has determined that, under 5

U.S.C. § 553(b)(B), there is good cause to

waive the requirement for prior notice

and an opportunity for public comment

as such procedures would be contrary to

the public interest. NMFS was

undertaking rulemaking on this, and

other, tuna fishery management issues.

Specifically, NMFS had published an

ANPR on August 23, 1996 seeking

public comment on a variety of tuna

issues. However, while that process

remains ongoing, NMFS has received

information from North Carolina that up

to 10 metric tons of ABT have been

taken by anglers since the fishery started

on January 1, 1997. While the total 1997

annual quota for the Angling category of

ABT has not yet been established, the

historical allocation for this category has

been set at approximately 220 mt. If the

North Carolina harvest rate continues, it

is possible that a significant portion of

the entire angling quota might be taken

prior to the time that the species

migrates north. As such, given the

public interest in an equitable

distribution of catch among fishermen

in the Angling category, the need for

scientific data from throughout the

species’ range, and the fact that NMFS

has already received public comment on

the subject matter of this rule, further

delay in the implementation of this

action to provide an opportunity for

additional comment is contrary to the

public interest.

Further, under 5 U.S.C. § 553(d)(3),

NMFS has determined that there is good

cause, as explained above, to waive the

30-day delay in effective date. If this

new authority results in a closure action

for the ABT fishery, NMFS has the

ability to rapidly communicate the

closure to fishery participants through

its FAX network, HMS Information

Line, and NOAA weather radio. To the

extent practicable, advance notice of

such closure will be provided.

List of Subjects in 50 CFR Part 285

Fisheries, Fishing, Penalties,

Reporting and recordkeeping

requirements, Treaties.

Dated: February 20, 1997.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 285, is amended

as follows:

PART 285—ATLANTIC TUNA

FISHERIES

1. The authority citation for part 285

continues to read as follows:

Authority: 16 U.S.C. 971 et seq.

2. In § 285.20, paragraph (b)(1) is

revised to read as follows:

§ 285.20 Fishing Seasons.

* * * * *

(b) Closure. (1)(i) NMFS will monitor

catch and landing statistics, including

catch and landing statistics from

previous years and projections based on

those statistics, of Atlantic bluefin tuna

by vessels other than those permitted in

the Purse Seine category. On the basis

of these statistics, NMFS will project a

date when the catch of Atlantic bluefin

tuna will equal any quota established

under this section, and will file

notification with the Office of the

Federal Register stating that fishing for

or retaining Atlantic bluefin tuna under

the quota must cease on that date at a

specified hour.

(ii) Upon determining that variations

in seasonal distribution, abundance, or

migration patterns of ABT, or the catch

rate in one area may preclude anglers in

an another area from a reasonable

opportunity to harvest a portion of the

quota, NMFS may close all or part of the

Angling category, and may reopen it at

a later date if NMFS determines that

ABT have migrated into an identified

area. In determining the need for any

such temporary or area closure, NMFS

will consider the following factors:

(A) The usefulness of information

obtained from catches of a particular

geographic area of the fishery for

biological sampling and monitoring the

status of the stock;

(B) The current year catches from the

particular geographic area relative to the

catches recorded for that area during the

preceding four years;

(C) The catches from the particular

geographic area to date relative to the

entire category and the likelihood of

closure of that entire category of the

fishery if no allocation is made;

(D) The projected ability of the entire

category to harvest the remaining

amount of Atlantic bluefin tuna before

the anticipated end of the fishing

season.

* * * * *

[FR Doc. 97–4773 Filed 2–21–97; 4:51 pm]

BILLING CODE 3510–22–F