Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Rules and Regulations 8637

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 648 is amended

as follows:

PART 648—FISHERIES OF THE

NORTHEASTERN UNITED STATES

[AMENDED]

1. The authority citation for part 648

continues to read as follows:

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

2. In § 648.20, paragraphs (b) through

(d) are revised to read as follows:

§ 648.20 Maximum optimum yield (OYs).

* * * * *

(b) Loligo—the catch associated with

a fishing mortality rate of Fmax.

(c) Illex —the catch associated with a

fishing mortality rate of F20.

(d) Butterfish—the catch associated

with a fishing mortality rate of FMSY.

3. In § 648.21, paragraph (c)(5) is

revised to read as follows:

§ 648.21 Procedures for determining initial

annual amounts.

* * * * *

(c) * * *

(5) Commercial seasonal quotas/

closures for Loligo and Illex.

* * * * *

4. In § 648.22, paragraphs (a) and (c)

are revised to read as follows:

§ 648.22 Closure of the fishery.

(a) General. The Assistant

Administrator shall close the directed

mackerel fishery in the EEZ when U.S.

fishermen have harvested 80 percent of

the DAH of that fishery if such closure

is necessary to prevent the DAH from

being exceeded. The closure shall

remain in effect for the remainder of the

fishing year, with incidental catches

allowed as specified in paragraph (c) of

this section, until the entire DAH is

attained. When the Regional Director

projects that DAH will be attained for

mackerel, the Assistant Administrator

shall close the mackerel fishery in the

EEZ, and the incidental catches

specified for mackerel in paragraph (c)

of this section will be prohibited. The

Assistant Administrator shall close the

directed fishery in the EEZ for Loligo,

Illex, or butterfish when 95 percent of

DAH has been harvested. The closure of

the directed fishery shall be in effect for

the remainder of the fishing year with

incidental catches allowed as specified

in paragraph (c) of this section.

* * * * *

(c) Incidental catches. During the

closure of the directed fishery for

mackerel, the trip limit for mackerel is

10 percent by weight of the total amount

of fish on board. During a period of

closure of the directed fishery for Loligo,

Illex, or butterfish, the trip limit for

Loligo and butterfish is 2,500 lb (1.13

mt) each, and the trip limit for Illex is

5,000 lb (2.27 mt).

[FR Doc. 97–4779 Filed 2–25–97; 8:45 am]

BILLING CODE 3510–22–F

50 CFR Part 660

[Docket No. 961121322–7033–02; I.D.

110696B]

RIN 0648–AJ02

Fisheries Off West Coast States and in

the Western Pacific; Western Pacific

Bottomfish Fishery; Mau Zone

Moratorium

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

impose a 2-year moratorium on issuing

new permits for harvesting bottomfish

in the Mau Zone of the Northwestern

Hawaiian Islands so that effort in the

fishery will be stabilized while the

Western Pacific Fishery Management

Council (Council) develops a limited

access program for the area. This will

stabilize effort in the fishery while the

Council develops a management system

for the Mau Zone that may limit access

to the fishery.

EFFECTIVE DATE: March 27, 1997.

ADDRESSES: Send comments to Ms.

Hilda Diaz-Soltero, Administrator,

Southwest Region, NMFS, 501 West

Ocean Boulevard, Suite 4200, Long

Beach, CA 90802. Copies of the

Environmental Assessment can be

obtained from the same address.

FOR FURTHER INFORMATION CONTACT: Mr.

Alvin Katekaru, NMFS, (808) 973–2985;

Mr. Svein Fougner, NMFS, (562) 980–

4034; or Ms. Kitty Simonds, Council,

(808) 522–8220.

SUPPLEMENTARY INFORMATION: Following

extensive review by the Council’s

advisory bodies, the details of which

were summarized in the proposed rule

(61 FR 60255, November 27, 1996) and

will not be repeated here, the Council,

at its 90th meeting, August 7–9, 1996,

recommended that a moratorium be

implemented for 2 years to allow

sufficient time to complete an access

limitation program for the Mau Zone

bottomfish fishery. The Council

recommended this action in accordance

with the framework procedures of 50

CFR 660.67(d), which specifically

addresses the access limitation process.

During the moratorium, the Council will

develop a program for the Mau Zone

that aims to reduce the potential

increase in fishing pressure in the Mau

Zone and increase the economic

efficiency of the fishery.

Discussions among the members of

the Council’s Bottomfish Plan Team,

Task Force, Advisory Panel, and Review

Board have pointed out the necessity of

three elements in any limited access

plan: Simplicity, equity, and the

importance of restricting the number of

potential participants. Approximately

80 vessels have had permits for the Mau

Zone at some time in the past; however,

some owners of vessels have died, and

some vessels have permanently left the

fishery, leaving a core of perhaps 30

vessels, whose owners could renew

their permits and participate in the

fishery. Any plan that the Council

adopts is likely to contain some kind of

qualifying criteria. A permit obtained by

a former permittee during the

moratorium may not guarantee a permit

under the permanent limited access

system. The Council is considering

using qualification criteria based on

historical landings data and current

landings data, coupled with nontransferable permits for reducing the

number of bottomfish vessels in the

fishery and maintaining an active fleet

at an optimal level.

Upon the effective date of this rule,

only those vessel owners who have held

Mau Zone permits will be eligible to

renew or obtain permits for the length

of the moratorium.

Classification

The Administrator, Southwest Region,

NMFS, determined that the regulatory

amendment is necessary for the

conservation and management of the

bottomfish fishery and that it is

consistent with the Magnuson-Stevens

Fishery Conservation and Management

Act and other applicable law.

This final rule has been determined to

be not significant for purposes of E.O.

12866.

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 this

rule would not have a significant

economic impact on a substantial

number of small entities. The reasons

were published on November 27, 1996

(61 FR 60255). No public comments

were received on the certification. As a

result, no final regulatory flexibility

analysis has been prepared.
8638 Federal Register / Vol. 62, No. 38 / Wednesday, February 26, 1997 / Rules and Regulations

List of Subjects in 50 CFR Part 660

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: February 21, 1997.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reason set out in the preamble,

50 CFR part 660 is amended as follows:

PART 660—FISHERIES OFF WEST

COAST AND WESTERN PACIFIC

STATES

1. The authority citation for part 660

continues to read as follows:

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

2. In § 660.61, paragraph (a) is revised

to read as follows:

§ 660.61 Permits.

(a) The owner of any vessel used to

fish for bottomfish in the Mau Zone

must have a permit issued under this

section for that vessel. Permits for

persons not previously permitted to fish

in the Mau Zone will not be issued for

a 2-year period beginning March 27,

1997.

* * * * *

[FR Doc. 97–4778 Filed 2–25–97; 8:45 am]

BILLING CODE 3510–22–F

50 CFR Part 679

[Docket No. 960502124–6190–02; I.D.

022097B]

Fisheries of the Exclusive Economic

Zone Off Alaska; Scallop Fishery;

District 16 of Registration Area D

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing the scallop

fishery in District 16 of Scallop

Registration Area D (Yakutat). This

action is necessary to prevent exceeding

the scallop 1997 total allowable catch

(TAC) in this area.

EFFECTIVE DATE: 1200 hrs, Alaska local

time (A.l.t.), February 23, 1997, until

2400 hrs, A.l.t., June 30, 1997.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586–7228.

SUPPLEMENTARY INFORMATION: The

scallop fishery in the exclusive

economic zone off Alaska is managed by

NMFS according to the Fishery

Management Plan for the Scallop

Fishery Off Alaska (FMP), which was

prepared by the North Pacific Fishery

Management Council under authority of

the Magnuson-Stevens Fishery

Conservation and Management Act.

Fishing for scallops is governed by

regulations appearing at subpart F of 50

CFR part 600 and 50 CFR part 679.

In accordance with § 679.62(b), the

1997 scallop TAC for District 16 of

Scallop Registration Area D (Yakutat),

was established by the Final 1996–97

Harvest Specifications of Scallops (61

FR 38099, July 23, 1996) as 35,000 lb

(15,880 kg) shucked meat.

In accordance with 679.62(c), the

Administrator, Alaska Region, NMFS,

has determined that the scallop TAC for

District 16 of Scallop Registration Area

D (Yakutat), has been reached.

Consequently, NMFS is prohibiting the

taking and retention of scallops in

District 16 of Scallop Registration Area

D (Yakutat).

Classification

This action is required by § 679.62

and is exempt from review under E.O.

12866.

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

Dated: February 20, 1997.

Richard W. Surdi,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 97–4774 Filed 2–21–97; 4:51 pm]

BILLING CODE 3510–22–F