10478 Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations

improve enforcement and to reduce

underreporting and high levels of

discards associated with the summer

flounder fishery.

Response 13. At the September 1996

Council meeting, the Council discussed

the need for improved enforcement and

quota monitoring. At that meeting, the

Council proposed to establish a

committee of enforcement personnel

and quota system administrators to

evaluate the commercial reporting

requirements of the Summer Flounder

FMP. The goal of this committee was to

develop by January 1, 1997, an

investigation and enforcement strategy

to ensure compliance with vessel owner

and dealer permit and reporting

requirements. The committee has met

several times to discuss ways to

improve compliance on the part of the

states, federally permitted dealers, and

fishermen. NMFS anticipates that the

Commission will adopt compliance

criteria in Amendment 10 to the FMP.

NMFS has limited authority under the

current regulations to improve quota

monitoring. NMFS has taken steps to

secure direct landings reports from

federally permitted dealers in states that

have been late in reporting those

landings. This will constitute a

duplication of effort (double reporting),

but NMFS believes this is the only

effective alternative available at present.

NMFS law enforcement personnel

review proposed regulations and work

with the Council to facilitate plan

development with enforceability as a

central component. Additionally, law

enforcement personnel work proactively

with industry and the Coast Guard to

promote training and education

concerning fishery regulations. NMFS

law enforcement personnel continue to

conduct periodic random checks for

compliance of federally permitted

dealers and vessels. Further, NMFS

maintains cooperative agreements with

several states that provide for increased

and improved enforcement coverage.

Comment 14. One commenter

contended that the statement that net

violations (tying off the codend) have

occurred in the summer flounder fishery

is largely unsubstantiated in NMFS law

enforcement records.

Response 14. Although NMFS has

relatively few records of this type of

violation for the summer flounder

fishery in 1996, harvesters and other

industry members have given every

indication that violations involving the

use of liners or tying off the codend are

a concern. In addition, the 22nd SAW

reports that high discards probably

contributed to the pattern of

underestimating the fishing mortality in

the present assessment and in past

assessments. These net infractions

contribute directly and substantially to

the discard rate.

Classification

This action is authorized by 50 CFR

part 648 and complies with the National

Environmental Policy Act.

These final specifications are exempt

from review under 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 the

management measures contained in this

rule would not have a significant

economic impact on a substantial

number of small entities. The reasons

for this determination were discussed in

the proposed rule published in the

Federal Register on December 18, 1996

(61 FR 66646). NMFS received four

comments, addressed above, regarding

this certification. These comments did

not cause NMFS to change its

determination regarding the

certification. As a result, a regulatory

flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 648

Fisheries, Reporting and record

keeping requirements.

Dated: March 3, 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

1. The authority citation for part 648

continues to read as follows:

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

2. Effective April 7, 1997 § 648.103,

paragraph (a), is revised to read as

follows:

§ 648.103 Minimum fish sizes.

(a) The minimum size for summer

flounder is 14 inches (35.6 cm) TL for

all vessels issued a moratorium permit

under § 648.4 (a)(3), except on board

party and charter boats carrying

passengers for hire or carrying more

than three crew members, if a charter

boat, or more than five crew members,

if a party boat;

* * * * *

[FR Doc. 97–5698 Filed 3–4–97; 3:06 pm]

BILLING CODE 3510–22–P

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 961126330–7039–02; I.D.

110796H]

RIN: 0648–XX72

Atlantic Mackerel, Squid, and

Butterfish Fisheries; 1997

Specifications

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final 1997 initial specifications.

SUMMARY: NMFS issues final initial

specifications for the 1997 fishing year

for Atlantic mackerel, squid, and

butterfish (SMB). Regulations governing

these fisheries require NMFS to publish

specifications for each fishing year. This

action is intended to promote the

development of the U.S. SMB fisheries.

EFFECTIVE DATE: January 1, 1997,

through December 31, 1997.

ADDRESSES: Copies of the Mid-Atlantic

Fishery Management Council’s quota

paper and recommendations and the

Environmental Assessment are available

from David R. Keifer, Executive

Director, Mid-Atlantic Fishery

Management Council, Room 2115,

Federal Building, 300 South New Street,

Dover, DE 19901.

FOR FURTHER INFORMATION CONTACT:

Myles Raizin, Fishery Policy Analyst,

508–281–9104.

SUPPLEMENTARY INFORMATION:

Regulations implementing the Fishery

Management Plan for Atlantic Mackerel,

Squid, and Butterfish Fisheries (FMP)

prepared by the Mid-Atlantic Fishery

Management Council (Council) appear

at 50 CFR part 648. These regulations

stipulate that NMFS publish a

document specifying the initial annual

amounts of the initial optimum yield

(IOY), as well as the amounts for

allowable biological catch (ABC),

domestic annual harvest (DAH),

domestic annual processing (DAP), joint

venture processing (JVP), and total

allowable levels of foreign fishing

(TALFF) for the species managed under

the FMP. No reserves are permitted

under the FMP for any of these species.

Procedures for determining the initial

annual amounts are found in § 648.21.

Proposed 1997 initial specifications,

requesting public comment were

published on December 11, 1996 (61 FR

65192). No public comments were

received. Therefore, the final 1997

initial specifications are unchanged

from those that were proposed. An
Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules and Regulations 10479

analysis of these specifications and a

discussion of current Council actions

that may affect the 1997 specifications

of maximum optimum yield for Loligo

and Illex squid and ABC for Atlantic

mackerel are contained in the proposed

rule and are not repeated here.

The following table contains the final

initial specifications for the 1997

Atlantic mackerel, Loligo and Illex

squids, and butterfish fisheries.

FINAL INITIAL ANNUAL SPECIFICATIONS FOR ATLANTIC MACKEREL, SQUID, AND BUTTERFISH FOR THE FISHING YEAR

JANUARY 1 THROUGH DECEMBER 31, 1997

[mt]

Specifications

Squid Atlantic

mackerel Butterfish

Loligo Illex

Max OY1 .......................................................................................................................... 2 36,000 3 30,000 N/A 16,000

ABC 4 ................................................................................................................................ 21,000 19,000 5 1,178,000 7,200

IOY .................................................................................................................................... 21,000 19,000 90,000 5,900

DAH .................................................................................................................................. 21,000 19,000 6 90,000 5,900

DAP .................................................................................................................................. 21,000 19,000 50,000 5,900

JVP ................................................................................................................................... .................... .................... 25,000 ....................

TALFF ............................................................................................................................... .................... .................... .................... ....................

1 Maximum optimum yield (Max OY) equals Maximum Sustainable Yield.

2 26,000 mt if overfishing threshold in Amendment 6 is approved.

3 24,000 mt if overfishing threshold in Amendment 6 is approved.

4 IOY can increase to this amount.

5 383,000 if overfishing definition in Council’s resubmission of measures disapproved in Amendment 5 is approved.

6 Contains 15,000 estimated recreational catch.

NMFS also announces that four

special conditions imposed in previous

years continue to be imposed on the

1997 Atlantic mackerel fishery as

follows: (1) Joint ventures would be

allowed south of 37°30′ N. latitude, but

river herring bycatch may not exceed

0.25 percent of the over-the-side

transfers of Atlantic mackerel; (2) the

Administrator, Northeast Region, NMFS

(Regional Administrator) should ensure

that impacts on marine mammals are

reduced in the prosecution of the

Atlantic mackerel fishery; (3) the

mackerel OY may be increased during

the year, but the total should not exceed

ABC; and (4) applications from a

particular nation for a joint venture for

1997 will not be decided on until the

Regional Administrator determines,

based on an evaluation of performances,

that the nation’s purchase obligations

for previous years have been fulfilled.

Classification

The Regional Administrator has

determined that this final rule is

necessary for the conservation and

management of the Atlantic mackerel,

squid, and butterfish fisheries and that

it is consistent with the MagnusonStevens Fishery Conservation and

Management Act and other applicable

law.

This action is authorized by 50 CFR

part 648, and these final initial

specifications are exempt from review

under 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 discussed in the proposed rule

published December 11, 1996 (61 FR

65192). No comments were received

regarding this certification. As a result,

a regulatory flexibility analysis was not

prepared.

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

Dated: March 3, 1997.

Nancy Foster,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–5694 Filed 3–6–97; 8:45 am]

BILLING CODE 3510–22–P

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 961107312–7012–02; I.D.

022897D]

Fisheries of the Exclusive Economic

Zone Off Alaska; Species in the Rock

Sole/Flathead Sole/‘‘Other Flatfish’’

Fishery Category by Vessels Using

Trawl Gear in Bycatch Limitation Zone

1

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing directed

fishing for species in the rock sole/

flathead sole/‘‘other flatfish’’ fishery

category by vessels using trawl gear in

Bycatch Limitation Zone 1 (Zone 1) of

the Bering Sea and Aleutian Islands

management area (BSAI). This action is

necessary to prevent exceeding the 1997

bycatch allowance of C. bairdi Tanner

crab apportioned to the trawl rock sole/

flathead sole/‘‘other flatfish’’ fishery

category in Zone 1.

EFFECTIVE DATE: 1200 hrs, Alaska local

time (A.l.t.), March 4, 1997, until 2400

hrs, A.l.t., December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Andrew Smoker, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for the Groundfish Fishery of the

Bering Sea and Aleutian Islands Area

(FMP) prepared by the North Pacific

Fishery Management Council under

authority of the Magnuson-Stevens

Fishery Conservation and Management

Act. Fishing by U.S. vessels is governed

by regulations implementing the FMP at

subpart H of 50 CFR part 600 and 50

CFR part 679.

The bycatch allowance of red king

crab for the BSAI trawl rock sole/

flathead sole/‘‘other flatfish’’ fishery

category, which is defined at

§ 679.21(e)(3)(iv)(B)(2), was established

by the Final 1997 Harvest Specifications

of Groundfish (62 FR 7168, February 18,

1997) as 394,736 animals.

In accordance with § 679.21(e)(7)(ii),

the Administrator, Alaska Region,

NMFS, has determined that the 1997

bycatch allowance of C. bairdi Tanner

crab apportioned to the trawl rock sole/

flathead sole/‘‘other flatfish’’ fishery in