61114 Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Rules and Regulations

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

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Wisconsin, is

amended by removing New Richmond,

Channel 296C3.

3. Section 73.202(b), the Table of FM

Allotments under Minnesota, is

amended by adding Coon Rapids,

Channel 296C2, and by removing

Channel 296A and adding Channel

295A at Moose Lake.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–26453 Filed 10–13–00; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 000616183-0278-02; I.D.

053000E]

RIN 0648-AN35

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic;

Special Management Zones

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: In accordance with the

framework procedure of the Fishery

Management Plan for the SnapperGrouper Fishery of the South Atlantic

Region (FMP), NMFS issues this final

rule to establish 12 new special

management zones (SMZs) at the sites of

artificial reefs (ARs) in the exclusive

economic zone (EEZ) off Georgia; to

revise the boundaries of the 7 existing

SMZs that are in the EEZ off Georgia; to

restrict fishing gear in the new and

revised SMZs to handline, rod and reel,

and spearfishing gear, including

powerheads; and within these SMZs, to

limit the harvest and possession of

South Atlantic snapper-grouper taken

by powerheads to the applicable bag

limits. This rule also establishes a 30-

day deadline for resolving deficiencies

related to a permit application and a 60-

day deadline for correcting deficiencies

regarding automatic renewals of

permits. The intended effects of this

rule are to promote orderly use of the

fishery resources on and around the ARs

and SMZs, to maintain the

socioeconomic benefits of the ARs and

SMZs to the maximum extent

practicable, and to improve the

procedure for issuance of permits.

DATES: This final rule is effective

November 15, 2000.

ADDRESSES: Comments regarding the

collection-of-information requirements

contained in this rule should be sent to

Roy Crabtree, Southeast Regional Office,

NMFS, 9721 Executive Center Drive N.,

St. Petersburg, FL 33702, and to the

Office of Information and Regulatory

Affairs, Office of Management and

Budget (OMB), Washington, DC 20503

(Attention: NOAA Desk Officer).

Comments on any ambiguity or

unnecessary complexity arising from the

language used in this rule should be

directed to Rod Dalton, Southeast

Regional Office, NMFS, at the above

address.

FOR FURTHER INFORMATION CONTACT: Dr.

Peter J. Eldridge, telephone: 727-570-

5305, fax: 727-570-5583, e-mail

Peter.Eldridge@noaa.gov.

SUPPLEMENTARY INFORMATION: The

fisheries for snapper-grouper species in

the EEZ off the southern Atlantic states

are regulated pursuant to the FMP. The

South Atlantic Fishery Management

Council (Council) prepared, and NMFS

approved, the FMP under the authority

of the Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act). Regulations

implementing the FMP appear at 50

CFR part 622.

In accordance with the framework

procedure of the FMP, the Council

recommended, and NMFS published, a

proposed rule (65 FR 41041, July 3,

2000) to establish 12 new SMZs at the

sites of ARs in the EEZ off Georgia; to

revise the boundaries of the 7 existing

SMZs that are in the EEZ off Georgia; to

restrict fishing gear in the new and

revised SMZs to handline, rod-and-reel,

and spearfishing gear, including

powerheads; and within these SMZs, to

limit the harvest and possession of

South Atlantic snapper-grouper taken

by powerheads to the applicable bag

limits. The proposed rule described the

need and rationale for these measures.

Comments and Responses

NMFS received two public comments

on the proposed rule.

Comment 1: One commenter

supported all of the proposed measures.

Response: NMFS agrees.

Comment 2: One commenter

supported the proposed measures but

wanted to exclude the use of

powerheads on SMZs. He wanted divers

to have powerheads for protection while

on SMZs, but he did not want them to

be able to fish with powerheads because

he believed that they would take too

many fish.

Response: Pursuant to the MagnusonStevens Act, NMFS can only approve,

partially approve, or disapprove a

management measure proposed by a

Fishery Management Council; NMFS

cannot substitute different management

measures. In this case, the Council

recommended, and NMFS approved,

imposing the bag limit on the use of

powerhead gear in the SMZs to ensure

that divers with powerhead gear would

not obtain a disproportionate share of

the catch.

Changes From the Proposed Rule

In § 622.35(e)(1)(xiv), the northern

boundary coordinate for Artificial

Reef—G has been corrected to read

31°00.0’ N. lat..

In the proposed rule (65 FR 41041,

July 3, 2000), the preamble stated that

fishing in the 12 new SMZs and the 7

revised SMZs off Georgia would be

restricted to rod and reel and

spearfishing gear, including

powerheads. The codified text of the

proposed rule did not establish this gear

restriction for the 12 new SMZs.

Further, the Council did not intend to

exclude the use of handline gear in the

12 new SMZs or in the 7 revised SMZs.

Therefore, this final rule revises §

622.35(e)(2) to restrict allowable fishing

gear in the 12 new SMZs and in the 7

revised SMZs to handline, rod and reel,

and spearfishing gear, including

powerheads. In addition, to make the

varying fishing restrictions within

different SMZs more understandable to

the reader, § 622.35(e)(2) has been

revised to present the applicable

information in a table.

Classification

This final rule has been determined to

be not significant for purposes of

Executive Order 12866.

Notwithstanding any other provision

of law, no person is required to respond

to, nor shall a person be subject to a

penalty for failure to comply with, a

collection-of-information subject to the

requirements of the Paperwork

Reduction Act (PRA) unless that

collection of information displays a

currently valid OMB control number.

This final rule makes minor revisions

to an existing collection-of-information

requirement subject to review and

approval by OMB under Control

Number 0648-0205. This requirement

has been approved by OMB under

Control Number 0648-0205. Public

reporting burden for submitting permit

applications is estimated to average 20

Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Rules and Regulations 61115

minutes per response, including the

time for reviewing instructions,

searching existing data sources,

gathering and maintaining the data

needed, and completing and reviewing

the collection of information. Send

comments regarding this burden

estimate, or any other aspect of this data

collection, including suggestions for

reducing the burden, to NMFS and OMB

(see ADDRESSES).

The Chief Counsel for Regulation of

the Department of Commerce certified

to the Chief Counsel for Advocacy of the

Small Business Administration when

this rule was proposed that it would not

have a significant economic impact on

a substantial number of small entities.

No comments were received regarding

this certification. As a result, a

regulatory flexibility analysis was not

prepared.

The President has directed Federal

agencies to use plain language in their

communications with the public,

including regulations. To comply with

this directive, we seek public comment

on any ambiguity or unnecessary

complexity arising from the language

used in this rule. Such comments

should be sent to the Southeast Regional

Office (see ADDRESSES).

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico,

Reporting and recordkeeping

requirements, Virgin Islands.

Dated: October 5, 2000.

William T. Hogarth,

Deputy 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 § 622.4, paragraph (h) is revised

to read as follows:

§ 622.4 Permits and fees.

* * * * *

(h) Renewal. Although a permit,

license, or endorsement required by this

section is issued on an annual basis, an

application for its renewal is required

only every 2 years. In the interim years,

renewal is automatic (without

application) for a vessel owner or dealer

who has met the specific requirements

for the requested permit, license, or

endorsement; who has submitted all

reports required under the MagnusonStevens Act; and who is not subject to

a sanction or denial under paragraph (j)

of this section. An owner or dealer

whose permit, license, or endorsement

is expiring will be mailed a notification

by the RA approximately 2 months prior

to its expiration. That notification will

advise the status of the renewal. That is,

the notification will advise that the

renewal will be issued without further

action by the owner or dealer (automatic

renewal); that the permit, license, or

endorsement is ineligible for automatic

renewal; or that a new application is

required.

(1) If eligible for automatic renewal. If

the RA’s notification indicates that the

owner’s or dealer’s permit, license, or

endorsement is eligible for automatic

renewal, the RA will mail the

automatically renewed permit, license,

or endorsement approximately 1 month

prior to expiration of the old permit,

license, or endorsement.

(2) If ineligible for automatic renewal.

If the RA’s notification indicates that the

owner’s or dealer’s permit, license, or

endorsement is ineligible for automatic

renewal, the notification will specify the

reasons and will provide an opportunity

for correction of any deficiencies. If the

owner or dealer does not correct such

deficiencies within 60 days after the

date of the RA’s notification, the

renewal will be considered abandoned.

A permit, license, or endorsement that

is not renewed within the applicable

deadline will not be reissued.

(3) If new application is required. If

the RA’s notification indicates that a

new application is required, the

notification will include a preprinted

renewal application. If the RA receives

an incomplete application, the RA will

notify the applicant of the deficiency. If

the applicant fails to correct the

deficiency within 30 days of the date of

the RA’s letter of notification, the

application will be considered

abandoned. A permit, license, or

endorsement that is not renewed within

the applicable deadline will not be

reissued.

(4) If notification is not received. A

vessel owner or dealer who does not

receive a notification from the RA

regarding status of renewal of a permit,

license, or endorsement by 45 days prior

to expiration of the current permit must

contact the RA.

* * * * *

3. In § 622.35, paragraphs (e)(1)(xii)

through (e)(1)(xviii) are revised,

paragraphs (e)(1)(xl) through (e)(1)(li)

are added, and paragraph(e)(2) is

revised to read as follows:

§ 622.35 South Atlantic EEZ seasonal and/

or area closures.

* * * * *

(e) * * *

(1) * * *

(xii) Artificial Reef—A is bounded on

the north by 30°57.4’ N. lat.; on the

south by 30°55.4’ N. lat.; on the east by

81°13.9’ W. long.; and on the west by

81°16.3’ W. long.

(xiii) Artificial Reef—C is bounded on

the north by 30°52.0’ N. lat.; on the

south by 30°50.0’ N. lat.; on the east by

81°08.5’ W. long.; and on the west by

81°10.9’ W. long.

(xiv) Artificial Reef— G is bounded on

the north by 31°00.0’ N. lat.; on the

south by 30°58.0’ N. lat.; on the east by

80°56.8’ W. long.; and on the west by

80°59.2’ W. long.

(xv) Artificial Reef—F is bounded on

the north by 31°06.8’ N. lat.; on the

south by 31°04.8’ N. lat.; on the east by

81°10.5’ W. long.; and on the west by

81°13.4’ W. long.

(xvi) Artificial Reef—J is bounded on

the north by 31°36.7’ N. lat.; on the

south by 31°34.7’ N. lat.; on the east by

80°47.3’ W. long.; and on the west by

80°50.1’ W. long.

(xvii) Artificial Reef— L is bounded

on the north by 31°46.0’ N. lat.; on the

south by 31°44.0’ N. lat.; on the east by

80°34.7’ W. long.; and on the west by

80°37.1’ W. long.

(xviii) Artificial Reef— KC is bounded

on the north by 31°51.2’ N. lat.; on the

south by 31°49.2’ N. lat.; on the east by

80°45.3’ W. long.; and on the west by

80°47.7’ W. long.

* * * * *

(xl) Artificial Reef— ALT is bounded

on the north by 31°18.6’ N. lat.; on the

south by 31°16.6’ N. lat.; on the east by

81°07.0’ W. long.; and on the west by

81°09.4’ W. long.

(xli) Artificial Reef— CAT is bounded

on the north by 31°40.2’ N. lat.; on the

south by 31°38.2’ N. lat.; on the east by

80°56.2’ W. long.; and on the west by

80°58.6’ W. long.

(xlii) Artificial Reef— CCA is bounded

on the north by 31°43.7’ N. lat.; on the

south by 31°41.7’ N. lat.; on the east by

80°40.0’ W. long.; and on the west by

80°42.3’ W. long.

(xliii) Artificial Reef— DRH is

bounded on the north by 31°18.0’ N.

lat.; on the south by 31°16.0’ N. lat.; on

the east by 80°56.6’ W. long.; and on the

west by 80°59.0’ W. long.

(xliv) Artificial Reef— DUA is

bounded on the north by 31°47.8’ N.

lat.; on the south by 31°45.8’ N. lat.; on

the east by 80°52.1’ W. long.; and on the

west by 80°54.5’ W. long.

(xlv) Artificial Reef— DW is bounded

on the north by 31°22.8’ N. lat.; on the

61116 Federal Register / Vol. 65, No. 200 / Monday, October 16, 2000 / Rules and Regulations

south by 31°20.3’ N. lat.; on the east by

79°49.8’ W. long.; and on the west by

79°51.1’ W. long.

(xlvi) Artificial Reef— KBY is

bounded on the north by 30°48.6’ N.

lat.; on the south by 30°46.6’ N. lat.; on

the east by 81°15.0’ W. long.; and on the

west by 81°17.4’ W. long.

(xlvii) Artificial Reef— KTK is

bounded on the north by 31°31.3’ N.

lat.; on the south by 31°29.3’ N. lat.; on

the east by 80°59.1’ W. long.; and on the

west by 81°01.5’ W. long.

(xlviii) Artificial Reef— MRY is

bounded on the north by 30°47.5’ N.

lat.; on the south by 30°45.5’ N. lat.; on

the east by 81°05.5’ W. long.; and on the

west by 81°07.8’ W. long.

(xlix) Artificial Reef— SAV is

bounded on the north by 31°55.4’ N.

lat.; on the south by 31°53.4’ N. lat.; on

the east by 80°45.2’ W. long.; and on the

west by 80°47.6’ W. long.

(l) Artificial Reef— SFC is bounded on

the north by 31°00.8’ N. lat.; on the

south by 30°59.8’ N. lat.; on the east by

81°02.2’ W. long.; and on the west by

81°03.4’ W. long.

(li) Artificial Reef— WW is bounded

on the north by 31°43.5’ N. lat.; on the

south by 31°42.2’ N. lat.; on the east by

79°57.7’ W. long.; and on the west by

79°59.3’ W. long.

(2) To determine what restrictions

apply in the SMZs listed in §

622.35(e)(1), follow this table:

IN SMZs SPECIFIED IN THE FOLLOWING PARAGRAPHS OF §

622.35 THESE RESTRICTIONS APPLY

(e)(1)(i) through (x), (e)(1)(xx), and (e)(1)(xxii) through (xxxix) Use of a powerhead to take South Atlantic snapper-grouper is prohibited. Possession of a powerhead and a mutilated South Atlantic

snapper-grouper in, or after having fished in, one of these SMZs

constitutes prima facie evidence that such fish was taken with a

powerhead in the SMZ.

(e)(1)(i) through (xviii) and (e)(1)(xxii) through (li) Fishing may only be conducted with handline, rod and reel, and

spearfishing gear.

(e)(1)(i) through (li) Use of a sea bass pot or bottom longline is prohibited.

(e)(1)(xii) through (xviii) and (e)(1)(xl) through (li) Possession of South Atlantic snapper-grouper taken with a powerhead

is limited to the bag limits specified in § 622.39(d)(1).

(e)(1)(xix) and (e)(1)(xx) A hydraulic or electric reel that is permanently affixed to the vessel is

prohibited when fishing for South Atlantic snapper-grouper.

(e)(1)(xix) and (e)(1)(xxi) Use of spearfishing gear is prohibited.

* * * * *

4. In § 622.39, paragraph (a)(4) is

added to read as follows:

§ 622.39 Bag and possession limits.

(a) * * *

(4) Paragraph (a)(1) of this section

notwithstanding, a person aboard a

vessel for which a commercial permit

for South Atlantic snapper-grouper has

been issued must comply with the bag

limits specified in paragraph (d)(1) of

this section for South Atlantic snappergrouper taken with a powerhead,

regardless of where taken, when such

snapper-grouper are possessed in an

SMZ specified in § 622.35(e)(1)(xii)

through (e)(1)(xviii) or (e)(1)(xl) through

(e)(1)(li).

* * * * *

§§ 622.17 and 622.41 [Amended]

5. In addition to the amendments set

forth above, in 50 CFR part 622, remove

the telephone number, ‘‘813-570-5344’’,

and add in its place ‘‘727-570-5344’’ in

the following places:

(a) Section 622.17(b)(1) introductory

text; and

(b) Section 622.41(a)(4) introductory

text.

[FR Doc. 00–26359 Filed 10–13–00; 8:45 am]

BILLING CODE: 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 697

[Docket No. 000824246-0246-01; I.D.

062700F]

RIN 0648-AO33

Horseshoe Crab; Interstate Fishery

Management Plans

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Declaration of a moratorium;

interim final rule.

SUMMARY: In accordance with the

Atlantic Coastal Fisheries Cooperative

Management Act (Act), as amended,

NMFS, determined, on July 7, 2000, that

the Commonwealth of Virginia is not in

compliance with Addendum 1 to the

Atlantic States Marine Fisheries

Commission’s (Commission) Interstate

Fishery Management Plan (ISFMP) for

horseshoe crab and has failed to

implement measures necessary for the

conservation of the fishery in question.

Pursuant to the Act, NMFS hereby

declares a Federal moratorium on

fishing for horseshoe crabs in Virginia

waters and issues regulations

prohibiting the possession of horseshoe

crabs in Virginia waters and the landing

of horseshoe crabs in Virginia,

regardless of where they were caught.

The purpose of this action is to support

the interstate fishery management

system and to encourage the

implementation and enforcement of the

Commission’s ISFMP on horseshoe

crabs.

DATES: Effective October 23, 2000.

ADDRESSES: Copies of an Environmental

Assessment and Regulatory Impact

Review (EA/RIR) are available from

Richard H. Schaefer, Chief, Staff Office

for Intergovernmental and Recreational

Fisheries, NMFS, 8484 Georgia Avenue,

Silver Spring, Maryland 20910.

FOR FURTHER INFORMATION CONTACT: Paul

Perra, Staff Office for Intergovernmental

and Recreational Fisheries, NMFS,

Headquarters 301-427-2014.

SUPPLEMENTARY INFORMATION:

Background

The Atlantic Coastal Fisheries

Cooperative Management Act, as

amended in 1996 (Act), 16 U.S.C. 5101

et seq., was enacted to support and

encourage the development,

implementation, and enforcement of the

Commission’s ISFMPs to conserve and

manage Atlantic coastal fishery

resources. Section 806 of the Act

specifies that, after notification by the

Commission that an Atlantic coastal

state is not in compliance with an

ISFMP of the Commission, the Secretary

of Commerce (Secretary) shall make a