64896 Federal Register / Vol. 65, No. 211 / Tuesday, October 31, 2000 / Rules and Regulations

(65 FR 60587), to implement

Amendment 58 to the FMP. In the

regulatory text portion of the final rule,

a reference to Figure 8a and Figure 8b

were inadvertently omitted from the

revised definition for ‘‘Chinook Salmon

Savings Area of the BSAI.’’ Also, the

paragraph designations were incorrectly

labeled for § 679.21(e)7)(viii).

Correction

In the final rule to implement

Amendment 58 to the FMP, which

revises the Chinook Salmon Savings

Area, published at 65 FR 60587, October

12, 2000, FR Doc. 00–26086, the

following corrections are made:

§ 679.2 [Corrected]

1. On page 60588, column 2, § 679.2,

the definition for ‘‘Chinook Salmon

Savings Area of the BSAI’’ is corrected

to read: ‘‘Chinook Salmon Savings Area

of the BSAI (see § 679.21(e)(7)(viii) and

Figure 8a and Figure 8b to this part).’’

2. On page 60588, column three, §

679.21 (e)(7)(viii) is correctly revised to

read as follows:

§ 679.21 Prohibited species bycatch

management.

* * * * *

(e) * * *

(7) * * *

(viii) Chinook salmon. If, during the

fishing year, the Regional Administrator

determines that catch of chinook

salmon, by vessels using trawl gear

while directed fishing for pollock in the

BSAI, will reach the annual limit as

identified in paragraph (e)(1)(vii) of this

section, NMFS, by notification in the

Federal Register will close the Chinook

Salmon Savings Area, as defined in

Figure 8 to this part, to directed fishing

for pollock with trawl gear consistent

with the following dates:

(A) From the effective date of the

closure until April 15, and from

September 1 through December 31, if

the Regional Administrator determines

that the annual limit of chinook salmon

will be attained before April 15.

(B) From September 1 through

December 31, if the Regional

Administrator determines that the

annual limit of chinook salmon will be

attained after April 15.

* * * * *

Dated: October 25, 2000.

William T. Hogarth,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 00–27874 Filed 10–30–00; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 697

[Docket No. 00824246—0294—03; I.D.

062700F]

RIN 0648–AO33

Horseshoe Crab; Interstate Fishery

Management Plans; Cancellation of

Moratorium

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Cancellation of Federal

moratorium; final rule.

SUMMARY: The Secretary of Commerce

(Secretary) announces the cancellation

of the Federal moratorium on fishing for

horseshoe crabs in the Commonwealth

of Virginia (Virginia) waters and the

removal of 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

Secretary cancelled the moratorium, as

required by the Atlantic Coastal

Fisheries Cooperative Management Act

(Act), based on his determination that

Virginia is now in compliance with the

Atlantic States Marine Fisheries

Commission’s (Commission) Interstate

Fishery Management Plan (ISFMP) for

horseshoe crabs.

DATES: Effective October 26, 2000.

FOR FURTHER INFORMATION CONTACT:

Richard H. Schaefer, Chief, Staff Office

for Intergovernmental and Recreational

Fisheries, NMFS, 301–427–2014.

SUPPLEMENTARY INFORMATION:

Background

On July 7, 2000, National Marine

Fisheries Service (NMFS) determined

that Virginia was not in compliance

with Addendum 1 to the Commission’s

ISFMP for horseshoe crabs and that the

measure Virginia failed to implement is

necessary for the conservation of the

fishery in question. Virginia was

notified by letter on July 11, 2000, of

this determination, and that NMFS

required additional time to analyze the

timing and nature of the moratorium’s

implementation before issuing a

declaration of a moratorium and a rule

necessary to implement Section 806 of

the Act.

On October 16, 2000 (65 FR 61116),

the Secretary declared a Federal

moratorium effective October 23, 2000,

on fishing for horseshoe crabs in

Virginia waters and issued regulations

prohibiting the possession of horseshoe

crabs in Virginia waters and the landing

of horseshoe crabs in Virginia,

regardless of where they were caught.

Details were provided in the October 16,

2000, Federal Register document and

are not repeated here. On October 20,

2000, the Secretary stayed the effective

date of the moratorium and associated

regulations until October 27, 2000,

because Virginia was in the process of

implementing regulations to reduce its

horseshoe crab quota. This stay was

filed on October 20, 2000, at the Office

of the Federal Register, effective

October 23, 2000, and published in the

Federal Register on October 24, 2000

(65 FR 63550).

The Act specifies that, if, after a

moratorium is declared with respect to

a State, the Secretary is notified by the

Commission that it is withdrawing the

determination of noncompliance, the

Secretary shall immediately determine

whether the State is in compliance with

the applicable plan. If the State is

determined to be in compliance, the

moratorium shall be terminated.

Activities Pursuant to the Act

On October 20, 2000, the Secretary

received a letter from the Commission

prepared pursuant to the Act. The

Commission’s letter stated that Virginia

had taken corrective action to comply

with Addendum 1 to the Commission’s

ISFMP for horseshoe crabs, and,

therefore, the Commission was

withdrawing its determination of

noncompliance.

Cancellation of the Moratorium

Based on the Commission’s October

20, 2000, letter, information received

from the Virginia, and the Secretary’s

review of Virginia’s revised regulations,

which reduced its quota of horseshoe

crabs from 355,000 horseshoe crabs to

152,495 horseshoe crabs as required by

Addendum 1, the Secretary concurs

with the Commission’s determination

that Virginia is now in compliance with

Addendum 1 to the Commission’s

ISFMP for horseshoe crabs. Therefore,

the moratorium on fishing for horseshoe

crabs in Virginia waters is cancelled,

and the associated regulations removed.

Changes from Interim Final Rule

These changes were due to the

cancellation of the moratorium and

associated regulations. The definition of

horseshoe crab in § 697.2 is removed,

and in § 697.7, paragraph (e) is

removed. This paragraph includes the

provision that it is unlawful for any

person to possess horseshoe crabs in

Virginia waters or land horseshoe crabs

Federal Register / Vol. 65, No. 211 / Tuesday, October 31, 2000 / Rules and Regulations 64897

in Virginia, regardless of where they

were harvested.

List of Subjects in 50 CFR Part 697

Fisheries, Fishing, Intergovernmental

relations.

Dated: October 25, 2000.

William T. Hogarth,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, the regulatory text which was

added as an interim rule to part 697 at

65 FR 61116 on October 16, 2000, and

amended at 65 FR 63550 on October 24,

2000, is amended as follows:

PART 697—ATLANTIC COASTAL

FISHERIES COOPERATIVE

MANAGEMENT

1. The authority citation for 50 CFR

part 697 continues to read as follows:

Authority: 16 U.S.C. 5101 et seq.

§ 697.2 [Amended]

2. In § 697.2, definition for

‘‘Horseshoe crab’’ is removed.

§ 697.7 [Amended]

3. In § 697.7, paragraph (e) is

removed.

[FR Doc. 00–27866 Filed 10–26–00; 1:08 pm]

BILLING CODE 3510–22–S