59752 Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Rules and Regulations

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 99–75,

adopted September 13, 2000, and

released September 22, 2000. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

FCC Reference Center (Room 239), 445

12th Street, SW, Washington, DC. The

complete text of this decision may also

be purchased from the Commission’s

copy contractor, International

Transcription Services, Inc., (202) 857–

3800, 1231 20th Street, NW,

Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334. 336.

2. Section 73.202(b) the FM Table of

Allotments under New Mexico is

amended by removing Channel 264C2 at

Grants and adding Milan, Channel

264A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–25735 Filed 10–5–00; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 600 and 660

[Docket No. 991223347-9347; I.D. 092800C]

Fisheries off West Coast States and in

the Western Pacific; Pacific Coast

Groundfish Fishery; Trip Limit

Adjustments

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Fishing restrictions; request for

comments.

SUMMARY: NMFS announces changes to

the limited entry and open access trip

limits in the Pacific coast groundfish

fishery. This document also announces

the last cumulative trip limit period in

2000 for the ‘‘B’’ platoon, those limited

entry trawl vessels designated to take

their cumulative trip limits 2 weeks out

of phase with the rest of the fleet. These

actions, which are authorized by the

Pacific Coast Groundfish Fishery

Management Plan (FMP,) are intended

to help the fisheries achieve optimum

yield (OY) while still protecting

overfished and depleted stocks.

DATES: Changes to management

measures are effective 0001 hours (local

time) October 2, 2000, unless modified,

superseded, or rescinded. These

changes are effective until the effective

date of the 2001 annual specifications

and management measures for the

Pacific coast groundfish fishery, which

will be published in the Federal

Register. Comments on this rule will be

accepted through October 23, 2000.

ADDRESSES: Submit comments to Donna

Darm, Acting Administrator, Northwest

Region (Regional Administrator), NMFS,

7600 Sand Point Way N.E., BIN C15700,

Bldg. 1, Seattle, WA 98115-0070; or

Rebecca Lent, Administrator, Southwest

Region, NMFS, 501 West Ocean Blvd.,

Suite 4200, Long Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT:

Yvonne deReynier or Becky Renko

(Northwest Region, NMFS) 206-526-

6140.

SUPPLEMENTARY INFORMATION: The

following changes to current

management measures were

recommended by the Pacific Fishery

Management Council (Council,) in

consultation with the States of

Washington, Oregon, and California, at

its September 11-15, 2000, meeting in

Sacramento, CA. Pacific coast

groundfish landings will be monitored

throughout the year, and further

adjustments to the trip limits will be

made as necessary to stay within the

OYs and allocations announced in the

2000 annual specifications and

management measures for the

groundfish fishery (65 FR 221, January

4, 2000, as amended at 65 FR 4169,

January 26, 2000; 65 FR 17805, April 5,

2000; 65 FR 25881, May 4, 2000; 65 FR

31283, May 17, 2000; 65 FR 33423, May

23, 2000; and 65 FR 45308, July 21,

2000).

Yellowtail Rockfish Taken in Limited

Entry Trawl Fisheries for Flatfish;

Yellowtail Rockfish, Arrowtooth

Flounder, and Other Flatfish in Limited

Entry Trawl Fisheries

During the winter months, yellowtail

rockfish tend to move to rockier habitats

and are not as closely associated with

flatfish as they are during the summer

months. To make yellowtail rockfish

and flatfish management more

consistent with natural catch

association patterns, and to reduce

discards of yellowtail rockfish taken

with small footrope bottom trawl gear

by vessels fishing for flatfish, per-trip

limits for yellowtail rockfish taken with

small footrope bottom trawl gear were

introduced in July (65 FR 45308, July

21, 2000). At its September meeting, the

Council recommended maintaining a

per-trip limit for yellowtail rockfish

taken with small footrope bottom trawl

gear through the November to December

period. The per-trip limit during the

July to October period is equivalent to

the sum of 33 percent (by weight) of all

flatfish except arrowtooth flounder, plus

10 percent (by weight) of arrowtooth

flounder, not to exceed 7,500 lb (3,402

kg). During the November to December

cumulative trip limit period, the flatfish

fishery is concentrated in depths that

have less association with yellowtail

rockfish; therefore, the Council

recommended decreasing the per-trip

limit to the sum of 33 percent (by

weight) of all flatfish except arrowtooth

flounder, plus 10 percent (by weight) of

arrowtooth flounder, not to exceed

2,500 lb (1,134 kg).

Through August 31, 2000, only 21.1

percent of the OY for yellowtail rockfish

set aside for the limited entry fishery

north of Cape Mendocino (40° 10’ N.

lat.) had been landed. To allow fishers

access to these stocks without exceeding

2000 OYs, the Council recommended

increasing the yellowtail rockfish 2-

month cumulative limit for the

November to December period from the

previously established 10,000 lb (4,536

kg) to 30,000 lb (13,608 kg). Yellowtail

rockfish taken in the flatfish fisheries

and subject to the 2,500 lb per-trip limit

would also be subject to the 2-month

cumulative limit.

The Council also recommended

increasing the per-trip limit for

arrowtooth flounder taken with large or

small footrope bottom trawl from the

prior recommended 10,000 lb (4,536 kg)

to 20,000 lb (9,072 kg) per trip. Because

arrowtooth flounder are not a high-value

species, this limit is not expected to

increase targeted effort on that species.

To allow fishers access to ‘‘other

flatfish’’ without exceeding 2000 OYs,

the Council recommended increasing

the limit for other flatfish taken with

large footrope bottom trawl from 400 lb

(181 kg) per trip to 1,000 lb (454 kg) per

trip for the November-December period.

Other flatfish means all flatfish listed at

50 CFR 660.302 except those with

species-specific trip limits and rex sole.

Limited Entry Trawl and Fixed Gear,

and Open Access Minor Slope Rockfish

South of 40≥10’ N. lat.

Throughout 2000, minor slope

rockfish landings south of 40°10’ N. lat.

Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Rules and Regulations 59753

have been slow. The best available

information at the September Council

meeting indicated that limited entry

fisheries south of 40°10’ N. lat. had

landed 11.6 percent of slope rockfish set

aside for those fisheries in 2000, and

that open access fisheries had landed

only 4.4 percent of its minor slope

rockfish allocation, through the end of

August 2000. Given these low landings

rates, the Council recommended

increasing cumulative landings limits to

levels that would allow higher landings

without jeopardizing overfished and

depleted stocks. The Council

recommended increasing the limited

entry minor slope rockfish 2-month

cumulative landings limit for both trawl

and fixed gear south of 40°10’ N. lat.

from 7,000 lb (3,175 kg) to 20,000 lb

(9,072 kg) for the September to October

trip limit period. For the November to

December period the Council

recommended setting the limited entry

cumulative limit previously announced

for minor slope rockfish south of 40°10’

N. lat. from 1,500 lb per month (680 kg)

to 10,000 per month (4,536 kg) for the

trawl fishery and from 1,500 lb (680 kg)

per month to 20,000 lb (9,072 kg) 2-

month period for the fixed gear fleet.

The open access, minor slope rockfish

2-month cumulative limit south of

40°10’ N. lat. are increased from 1,000

lb (454 kg) (454 kg) to 3,000 lb (1,361

kg) for the September to October period

and from 500 lb (227 kg) to 3,000 lb

(1,361 kg) for the November to

December period.

Limited Entry Trawl Fishery for

Sablefish; Limited Entry, Fixed Gear

and Open Access Daily Trip Limit

Fisheries for Sablefish North of 36≥ N.

lat.

The best available information

through August 31, 2000, indicates that

the landings of sablefish in the limited

entry trawl fishery were at 42.0 percent

of the 2000 allocation for that fishery.

To allow limited entry trawl fishers

access to sablefish without exceeding

2000 OYs, the Council recommended

increasing the 2-month cumulative limit

from 10,000 lb (4,536 kg) (4,536 kg) to

12,000 lb (5,443 kg) for the September

to October period and increasing the

previously announced 1-month limit of

3,500 lb (1,588 kg) to 6,000 lb (2,722 kg)

for the November to December period.

Sablefish in the southern areas tend to

be smaller than those in the northern

areas. To reduce the discard of small

fish that are otherwise marketable,

fishers requested that the Council

remove the per-trip limit of 500 lb (227

kg) for sablefish smaller that 22 inches

(56 cm). In response to this request, the

council recommended removing the

length requirement for the remainder of

2000.

Similarly, daily trip limit sablefish

landings in both the 2000 limited entry

fixed gear and open access fisheries

have been relatively low through the

spring and summer months. The best

available information at the September

Council meeting indicated that limited

entry fixed gear fisheries through July,

had landed 21.1 percent of the sablefish

set aside for daily landings, and that the

open access fisheries through August,

had landed 14.5 percent of their

sablefish allocation. The limited entry

and open access daily trip limit fisheries

for sablefish north of 36° N. lat. are

restricted by a 300-lb (136-kg) per day

limit in combination with a 2-month

cumulative limit. For the limited entry

fixed gear fishery, the Council

recommended increasing the daily limit

from 300 lb (136 kg) per day to 400 lb

(181 kg) per day and adding an option

which allows fishers instead to opt to

make one landing per week above 400

lb (181 kg) and not to exceed 1,000 lb

(454 kg). Under either option the fishery

is not to exceed the 2-month cumulative

limit. The 2-month cumulative limit

was increased from 3,330 lb (1,497 kg)

to 8,000 lb (3,629 kg) for the September

to October period and increased from

the prior recommended 2,400 lb 2-

month limit to 8,000 lb (3,629 kg) for the

November to December period. As

announced in the annual specifications

and management measures (65 FR 221,

January 4, 2000), 1 week means 7

consecutive days, Sunday through

Saturday.

For the open access fixed gear fishery,

the Council recommended keeping the

daily limit at 300 lb (136 kg) per day,

but also included an option which

allows fishers to make one weekly

landing above 300 lb (136 kg), but not

to exceed 1,200 lb (544 kg). To allow the

open access fishery a chance to harvest

their sablefish allocation without

exceeding 2000 OYs, the Council

recommended removing the cumulative

limits for the remainder of 2000.

Limited Entry Fixed Gear and Open

Access Fisheries for Minor Nearshore

Rockfish North and South

Minor nearshore rockfish landings in

the limited entry and open access

fisheries have been low throughout

2000. The best available information at

the September Council meeting

indicated that limited entry fisheries

had landed 10.3 percent of the

allocation for that fishery north of

40°10’ N. lat., and 8.8 percent of the

allocation for that fishery south of

40°10’ N. lat., through August 31, 2000.

Similarly, the best available information

at that meeting indicated that open

access fisheries had landed 36.9 percent

of the allocation for that fishery north of

40°10’ N. lat., and 16.3 percent of the

allocation for that fishery south of

40°10’ N. lat. To allow fishers access to

these stocks without exceeding 2000

OYs, the Council recommended

significant increases to the minor

nearshore rockfish landings limits for

both the limited entry fixed gear and

open access fisheries.

North of 40°10’ N. lat. and starting

October 2, 2000, the Council

recommended increasing the limited

entry minor nearshore rockfish fixed

gear limit for the September to October

period from 5,000 lb (2,268 kg) to 10,000

lb (4,536 kg) per 2-month period, with

the sublimit for minor nearshore

rockfish other than blue or black

rockfish increasing from 1,800 lb(816

kg) to 4,000 lb (1,814 kg) per 2-month

period. The previously recommended

3,000 lb (1,361 kg) per 2-month period

for the November to December period

will also be increased to 10,000 lb

(4,536 kg) with the sublimit for minor

nearshore rockfish other than blue or

black rockfish increasing from the

previously recommended 1,400 lb(635

kg) to 4,000 lb (1,814 kg) per 2-month

period.

The 2-month cumulative limit for the

open access fishery of minor nearshore

rockfish north of 40°10’ N. lat. starting

October 2, 2000, increases from 3,000 lb

(1,361 kg) to 6,000 lb (2,722 kg)), with

the sublimit for minor nearshore

rockfish other than blue or black

rockfish increasing from 900 lb (408 kg)

to 2,000 lb (907 kg). For the November

to December period the 2-month

cumulative limit increases from the

previously recommended 1,000 lb (454

kg) to 6,000 lb (2,722 kg), with the

sublimit for minor nearshore rockfish

other than blue or black rockfish

increasing from the previously

recommended 500 lb (227 kg) to 2,000

lb (907 kg).

Lingcod and rockfish are taken in the

recreational fishery in waters (0-3 nm)

managed by the State of California. To

ensure the pre-season estimates for

overfished species off California

(bocaccio, lingcod, canary rockfish,

cowcod) are not exceeded, the State may

take actions to prohibit recreational

landings in State waters. Recreational

fishery closures south of Point

Conception (34°27’ N. lat.) are likely to

occur in late 2000. The State of

California Fish and Game Commission

is scheduled to meet in October, during

which time they will review the best

available landings data and make

recommendations on recreational

fishery management in California

59754 Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Rules and Regulations

waters. The Council asked NMFS to

coordinate with the State of California

to implement consistent changes in

Federal waters (3-200 nm offshore) to

prevent OYs of rockfish and lingcod

from being exceeded.

Actions that may be taken by the State

of California, and recommended by

NMFS, to prevent excess harvest may

include prohibiting further taking,

retaining, possessing or landing of

minor nearshore rockfish in the limited

entry and open access fixed gear

fisheries south of 34°27’ N. lat. during

the November to December period. Any

such actions will be published in the

Federal Register. To allow commercial

harvest in the nearshore rockfish

fisheries, with the least impact on

overfished species, the Council

recommended establishing separate

cumulative trip limits for the area

between 40°10’ N. lat. and 34°27’ N. lat.,

and the area south of 34°27’ N. lat.

Beginning, October 2, 2000, in the

limited entry fixed gear fishery for

minor nearshore rockfish between

40°10’ N. lat. and 34°7’ N. lat., the 2-

month cumulative trip limit for

increases from 2,000 lb (907 kg)) to

6,000 lb (2,722 kg), continuing through

December replacing the previously

recommend 2-month limit of 1,300 (590

kg) for the November to December

period. The open access minor

nearshore rockfish 2-month cumulative

limit for the fishery between of 40°10’

N. lat. and 34° 27’ N. lat. increases from

1,600 lb (726 kg) to 4,000 lb (1,814 kg)

per 2-month period beginning October

1, and continues through December.

This replaces the previously

recommend 2-month limit of 800 lb (363

kg) for the November to December

period.

The limited entry fixed gear minor

nearshore rockfish 2-month cumulative

limit for the fishery south of 34°27’ N.

lat. will be increased from 2,000 lb (907

kg) to 9,000 lb (4,082 kg) for the

September to October period, and from

1,300 lb (590 kg) to 3,000 lb (1,361 kg)

for the November to December period.

The open access (fixed gear) minor

nearshore rockfish 2-month cumulative

limit for the area south of 34°27’ N. lat.

will be increased from 1,600 lb (726 kg)

to 6,000 lb (2,722 kg) for the September

to October period, and from 800 lb (363

kg) to 2,000 lb (907 kg) for the

November to December period.

Final Period for the ‘‘B’’ Platoon

NMFS also announces the last

cumulative trip limit period in 2000 for

the ‘‘B’’ platoon i.e., those limited entry

trawl vessels designated (on their

limited entry permit) to take their

cumulative trip limits 2 weeks out of

phase with the rest of the fleet. For

vessels in the ‘‘B’’ platoon, the final

cumulative trip limit period will be

from November 16, 2000, through

December 31, 2000. At any time during

this period, each vessel in the ‘‘B’’

platoon is allowed to take and retain,

possess, or land the equivalent of two 1-

month cumulative limits (the November

and December cumulative trip limits).

For species for which there are 2-month

cumulative limits, the vessels in the ‘‘B’’

platoon must take the final 2-month

cumulative limit during the final period

from November 16, 2000, through

December 31, 2000.

NMFS Actions

For the reasons stated here, NMFS

concurs with the Council’s

recommendations and announces the

following changes to the 2000 annual

management measures (65 FR 221,

January 4, 2000, as amended at 65 FR

4169, January 26, 2000; 65 FR 17805,

April 5, 2000; 65 FR 25881, May 4,

2000; 65 FR 31283, May 17, 2000; 65 FR

33423, May 23, 2000; and at 65 FR

45308, July 21, 2000) as follows:

In Section IV, under B. Limited Entry

Fishery, Tables 3 and 4 are revised, and

under C. Trip Limits in the Open Access

Fishery, Table 5 is revised to read as

follows:

IV. NMFS Actions

B. Limited Entry Fishery

BILLING CODE 3510–22–S

Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Rules and Regulations 59755

59756 Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Rules and Regulations

Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Rules and Regulations 59757

C. Trip Limits in the Open Access Fishery

BILLING CODE 3510–22–C

Classification

These actions are authorized by the

regulations implementing the FMP and

the annual specifications and

management measures and emergency

rule published at 65 FR 221 (January 4,

2000) and are based on the most recent

data available. The aggregate data upon

which these actions are based are

available for public inspection at the

office of the Administrator, Northwest

Region, NMFS (see ADDRESSES) during

business hours.

The Assistant Administrator for

Fisheries NOAA (AA) finds good cause

to waive the requirement to provide

prior notice and comment on this action

pursuant to 5 U.S.C. 553(b)(B) because

providing prior notice and opportunity

for comment would be impracticable. It

59758 Federal Register / Vol. 65, No. 195 / Friday, October 6, 2000 / Rules and Regulations

would be impracticable because the

current 2-month cumulative limit

period began on September 1, 2000, and

affording additional advance notice and

opportunity for public comment would

drastically reduce the amount of time

the fishers have to take the increased

September to October limit. The

increases to trip limits relieve burdens

on the public as the trip limits provide

for an increase in fishing opportunities.

In addition, the affected public had the

opportunity to comment on these

actions at the September 11-15, 2000,

Council meeting. This action should be

implemented as soon as possible to

provide fishers the opportunity to

achieve the increased trip limits.

Since this action increases trip limits,

it relieves a restriction and therefore, the

AA find, under 5 U.S.C. 553(d)(1), it is

unnecessary to delay for 30 days the

effective date of this action.

These actions are taken under the

authority of 50 CFR 660.323(b)(1), and

are exempt from review under Executive

Order 12866.

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

Dated: October 2, 2000.

Clarence Pautzke,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 00–25631 Filed 10–2–00; 4:30 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 000119014–0137–02; I.D.

100200C]

Fisheries of the Northeastern United

States; Summer Flounder Fishery;

Commercial Quota Harvested for New

Jersey

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Commercial quota harvest.

SUMMARY: NMFS announces that the

summer flounder commercial quota

available to the State of New Jersey has

been harvested. Vessels issued a

commercial Federal fisheries permit for

the summer flounder fishery may not

land summer flounder in New Jersey for

the remainder of calendar year 2000,

unless additional quota becomes

available through a transfer. Regulations

governing the summer flounder fishery

require publication of this notification

to advise the State of New Jersey that

the quota has been harvested and to

advise vessel permit holders and dealer

permit holders that no commercial

quota is available for landing summer

flounder in New Jersey.

DATES: Effective 0001 hours, October 10,

2000, through 2400 hours, December 31,

2000.

FOR FURTHER INFORMATION CONTACT: Paul

H. Jones, Fishery Policy Analyst, (978)

281–9273.

SUPPLEMENTARY INFORMATION:

Regulations governing the summer

flounder fishery are found at 50 CFR

part 648. The regulations require annual

specification of a commercial quota that

is apportioned on a percentage basis

among the coastal states from North

Carolina through Maine. The process to

set the annual commercial quota and the

percent allocated to each state is

described in § 648.100.

The initial total commercial quota for

summer flounder for the 2000 calendar

year was set equal to 11,109,214 lb

(5,039,055 kg)(65 FR 33486, May 24,

2000). The percent allocated to vessels

landing summer flounder in New Jersey

is 16.72499 percent, or 1,858,346 lb

(842,931 kg).

Section 648.100(e)(4) stipulates that

any overages of commercial quota

landed in any state be deducted from

that state’s annual quota for the

following year. In the calendar year

1999, a total of 1,897,952 lb (860,897 kg)

were landed in New Jersey, creating a

44,026 lb (19,970 kg) overage that was

deducted from the amount allocated for

landings in the State during 2000 (65 FR

33486, May 24, 2000). The resulting

2000 quota for New Jersey is 1,814,320

lb (822,962 kg).

Section 648.101(b) requires the

Administrator, Northeast Region, NMFS

(Regional Administrator) to monitor

state commercial quotas and to

determine when a state’s commercial

quota is harvested. The Regional

Administrator is further required to

publish a notification in the Federal

Register advising a state and notifying

Federal vessel and dealer permit holders

that, effective upon a specific date, the

state’s commercial quota has been

harvested and no commercial quota is

available for landing summer flounder

in that state. The Regional

Administrator has determined, based

upon dealer reports and other available

information, that the State of New Jersey

has attained its quota for 2000.

The regulations at § 648.4(b) provide

that Federal permit holders agree as a

condition of the permit not to land

summer flounder in any state that the

Regional Administrator has determined

no longer has commercial quota

available. Therefore, effective 0001

hours, October 10, 2000, further

landings of summer flounder in New

Jersey by vessels holding summer

flounder commercial Federal fisheries

permits are prohibited for the remainder

of the 2000 calendar year, unless

additional quota becomes available

through a transfer and is announced in

the Federal Register. Effective 0001

hours, October 10, 2000, federally

permitted dealers are also advised that

they may not purchase summer flounder

from federally permitted vessels that

land in New Jersey for the remainder of

the calendar year, or until additional

quota becomes available through a

transfer.

Classification

This action is required by 50 CFR part

648 and is exempt from review under

Executive Order 12866.

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

Dated: October 2, 2000.

Richard W. Surdi,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 00–25776 Filed 10–5–00; 8:45 am]

BILLING CODE 3210–22–F