382 Federal Register / Vol. 62, No. 2 / Friday, January 3, 1997 / Proposed Rules

minimum driving range, and specifying

the model years for which the reduced

driving range applies. The

Administrator also publishes a notice of

the grant in the Federal Register and the

reasons for the grant.

(i) If the Administrator denies the

petition, the petitioner is notified in

writing. The Administrator also

publishes a notice of the denial of the

petition in the Federal Register and the

reasons for the denial.

Issued on: December 26, 1996.

L. Robert Shelton,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 97–85 Filed 1–2–97; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 300

[Docket No. 961217359–6359–01; I.D.

121196B]

RIN 0648–AJ11

Pacific Halibut Fisheries; Catch

Sharing Plan

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule and proposed

catch sharing plan.

SUMMARY: NMFS proposes to approve

and implement revisions to the Catch

Sharing Plan (Plan) for sport harvests of

Pacific halibut off Oregon under

authority of the Northern Pacific Halibut

Act of 1982 (Halibut Act). NMFS also

proposes sport fishery regulations to

implement the Plan in 1997. The

proposed rule is intended to carry out

the objectives of the Plan for 1997.

DATES: Comments on the changes to the

Plan must be received by January 19,

1997; comments on the proposed sport

fishery regulations must be received by

February 15, 1997.

ADDRESSES: Send comments or requests

for the Plan to William Stelle, Jr.,

Director, Northwest Region, NMFS,

7600 Sand Point Way NE, Seattle, WA

98115.

FOR FURTHER INFORMATION CONTACT: Joe

Scordino, 206–526–6140.

SUPPLEMENTARY INFORMATION: The

Halibut Act of 1982 at 16 U.S.C. 773c

provides that the Secretary of Commerce

(Secretary) shall have general

responsibility to carry out the Halibut

Convention between the United States

and Canada and that the Secretary shall

adopt such regulations as may be

necessary to carry out the purposes and

objectives of the Convention and the

Halibut Act. Section 773c(c) also

authorizes the regional fishery

management council having authority

for the geographic area concerned to

develop regulations governing the

Pacific halibut catch in U.S. Convention

waters that are in addition to, but not in

conflict with, regulations of the

International Pacific Halibut

Commission (IPHC). Accordingly, catch

sharing plans to allocate the total

allowable catch (TAC) of Pacific halibut

between treaty Indian and non-Indian

harvesters, and among non-Indian

commercial and sport fisheries in IPHC

statistical Area 2A (off Washington,

Oregon, and California) have been

developed each year since 1988 by the

Pacific Fishery Management Council

(Council) in accordance with the

Halibut Act. In 1995, NMFS

implemented a Council-recommended

long-term Plan (60 FR 14651, March 20,

1995) which was revised in 1996 (61 FR

11337, March 20, 1996). The Plan

allocates 35 percent of the Area 2A TAC

to Washington treaty Indian tribes in

Subarea 2A–1 and 65 percent to nonIndian fisheries in Area 2A. The

allocation to non-Indian fisheries is

divided into three shares, with the

Washington sport fishery (north of the

Columbia River) receiving 36.6 percent,

the Oregon/California sport fishery

receiving 31.7 percent, and the

commercial fishery receiving 31.7

percent. The commercial fishery is

further divided into two sectors; a

directed (traditional longline)

commercial fishery that is allocated 85

percent of the 31.7 percent (26.945

percent of the non-Indian commercial

harvest), and incidental (troll salmon)

commercial fishery is allocated 15

percent of the 31.7 percent (4.755

percent of the non-Indian commercial

harvest). The directed commercial

fishery in Area 2A is confined to

southern Washington (south of

46°53’18’’ N. lat.), Oregon and

California. The Plan also divides the

sport fisheries into seven geographic

areas each with separate allocations,

seasons, and bag limits.

Proposed Changes to the Plan

At its August 1996 public meeting,

the Council adopted, for public

comment, proposed changes to the Plan

on: (1) Re-structuring the Oregon sport

fisheries from quota managed seasons to

fixed-length seasons that are determined

and set preseason, and (2) deleting the

rollover provisions for unused quota in

the commercial incidental halibut catch

(salmon troll) fishery. At its October

1996 public meeting, the Council made

final recommendations for modifying

the Plan to restructure the May and

August seasons in the Oregon Central

Coast subarea sport fishery (Cape Falcon

to Florence north jetty) from a quota

managed to a fixed-length season

fishery. At the request of the Oregon

Department of Fish and Wildlife

(ODFW), the Oregon South Coast

subarea sport fishery in May was not

recommended for modification based on

input from sport users in that area;

however, the August season, which is

combined with the Central Coast

subarea, was recommended for

modification to a fixed-length season.

The commercial, incidental halibut

catch (salmon troll) fishery was not

recommended for change because of the

Council’s desire to maintain its original

intent in the Plan to roll over any

remaining quota not incidentally

harvested during the May/June chinook

salmon troll fishery to the directed

commercial (longline) fishery.

NMFS is proposing to implement the

Council-recommended changes to the

Plan.

Proposed Revised Section of the Plan

for the Oregon Sport Fisheries

Oregon Central Coast Subarea

If the Area 2A TAC is 388,350 lb

(176.2 mt) and greater, this Oregon

Central Coast subarea extends from

Cape Falcon to the Siuslaw River at the

Florence north jetty (44°01’08’’ N. lat.)

and the sport fishery is allocated 88.4

percent of the Oregon/California sport

allocation, which is 18.21 percent of the

Area 2A TAC. If the Area 2A TAC is less

than 388,350 lb (176.2 mt), this subarea

extends from Cape Falcon to the

California border and the sport fishery

is allocated 95.4 percent of the Oregon/

California sport allocation. The

structuring objectives for this subarea

are to provide two fixed-length periods

of fishing opportunity in May and in

August in productive deeper water areas

along the coast, principally for charter

and larger private boat anglers, and

provide a period of fishing opportunity

in the summer for nearshore waters for

small boat anglers. Fixed-length seasons

will be established preseason for the

May and August openings and will not

be modified inseason. The average catch

per day observed in the previous 3 years

in May and August will be used to

estimate the number of open days for

each fixed season. ODFW will monitor

landings and provide a post-season

estimate of catch within 2 weeks of the

end of the fixed season. If sufficient
Federal Register / Vol. 62, No. 2 / Friday, January 3, 1997 / Proposed Rules 383

catch remains for an additional day of

fishing after the May season or the

August season, openings will be

provided in May and August

respectively. Potential additional open

dates for both the May and August

seasons will be announced preseason. If

a decision is made inseason to allow

fishing on one or more of these

additional dates, notice of the opening

will be announced on the NMFS hotline

(206) 526–6667 or (800) 662–9825. No

halibut fishing will be allowed on the

additional dates unless the opening date

has been announced on the NMFS

hotline. Any poundage remaining

unharvested in the subquotas from

earlier seasons will be added to the next

season. The daily bag limit for all

seasons is two halibut per person, one

with a minimum 32–inch (81.3–cm) size

limit and the second with a minimum

50–inch (127.0 cm) size limit. ODFW

will sponsor a public workshop shortly

after the IPHC annual meeting to

develop recommendations to NMFS on

the opening dates for each season each

year. The three seasons for this subarea

are as follows.

1. The first season is an all-depth

fishery that begins in mid-May and is

allocated 68 percent of the subarea

quota. Fixed season dates will be

established preseason based on

projected catch per day and number of

days to achievement of the subquota for

this first season. No inseason

adjustments will be made, except that

additional opening days (established

preseason) may be allowed if any quota

for this season remains unharvested.

The fishery will be open 2 days per

week (Friday and Saturday) if the

season is for 4 or fewer fishing days.

The fishery will be open 3 days per

week (Thursday through Saturday) if the

season is for 5 or more fishing days.

2. The second season opens the day

following closure of the first season,

only in waters inside the 30–fathom

(55–m) curve, and continues daily until

7 percent of the subarea quota is taken,

or until early August, whichever is

earlier.

3. The last season is a coastwide

(Cape Falcon to Oregon/California

border) all-depth fishery that begins in

early August and is allocated 25 percent

of the subarea quota. Fixed season dates

will be established preseason based on

projected catch per day and number of

days to achievement of the combined

Oregon subarea quotas south of Cape

Falcon. No inseason adjustments will be

made, except that additional opening

days (established preseason) may be

allowed if quota remains unharvested.

The fishery will be open 2 days per

week (Friday and Saturday).

Oregon South Coast Subarea

If the Area 2A TAC is 388,350 lb

(176.2 mt) and above, this Oregon South

Coast subarea extends from the Siuslaw

River at the Florence north jetty

(44°01’08’’ N. lat.) to the California

border (42°00’00’’ N. lat.) and the sport

fishery is allocated 7.0 percent of the

Oregon/California sport allocation,

which is 1.44 percent of the Area 2A

TAC. If the Area 2A TAC is less than

388,350 lb (176.2 mt), this subarea will

be included in the Oregon Central Coast

subarea. The structuring objective for

this subarea is to create a south coast

management zone designed to

accommodate the needs of both

charterboat and private boat anglers in

this area where weather and bar

crossing conditions very often do not

allow scheduled fishing trips. The first

and second seasons will be managed for

a quota, and a fixed-length season will

be established preseason for the August

coastwide season (Cape Falcon to

Oregon/California border). The average

catch per day observed in the previous

3 years fisheries in August would be

used to estimate the number of days for

the fixed season. Any poundage

remaining in the subquotas from earlier

seasons would be added to the next

season. Additional open dates may be

allowed after the August fixed-length

season if sufficient quota remains for an

additional day of fishing. If a decision

is made inseason to allow fishing on one

or more of these additional dates, notice

of the opening will be announced on the

NMFS hotline (206) 526–6667 or (800)

662–9825. No halibut fishing will be

allowed on the additional dates unless

the opening date has been announced

on the NMFS hotline. Additional open

dates will be announced preseason. The

daily bag limit for all seasons is two

halibut per person, one with a minimum

32–inch (81.3–cm) size limit and the

second with a minimum 50–inch

(127.0–cm) size limit. ODFW will

sponsor a public workshop shortly after

the IPHC annual meeting to develop

recommendations to NMFS on the

opening dates for each season each year.

The three seasons for this subarea are as

follows:

1. The first season is an all-depth

fishery that begins in May and

continues at least 3 days per week

(dependent on TAC) until 80 percent of

the subarea quota is taken.

2. The second season opens the day

following closure of the first season,

only in waters inside the 30–fathom (55

m) curve, and continues daily until the

subarea quota is estimated to have been

taken, or early August, whichever is

earlier.

3. The last season is a coastwide

(Cape Falcon to Oregon/California

border) all-depth fishery that begins in

early August. Fixed season dates will be

established preseason based on

projected catch per day and number of

days to achievement of the combined

Oregon subarea quotas south of Cape

Falcon. No inseason adjustments will be

made, except that additional opening

days (established preseason) may be

allowed if quota remains unharvested.

The fishery will be open 2 days per

week (Friday and Saturday).

Proposed Sport Fishery Regulations

This document also proposes sport

fishery regulations necessary to

implement the Plan in 1997. These

proposed sport fishery regulations are

based on the 1996 Area 2A TAC of

520,000 lb (235.9 mt). Many of the

proposed sport fishing regulations are

the same as the 1996 regulations, which

were published on March 20, 1996 (61

FR 11337). It is unknown at this time

what the 1997 TAC will be, but

information available from IPHC

indicates the TAC will likely be greater

than 1996. If the 1997 TAC is greater

than 1996, the proposed sport

regulations will be revised in a final rule

as described in the Plan. The final TAC

will be determined by the IPHC at its

annual meeting in January 1997. The

proposed sport fishing regulations for

1997 by subarea based on the 1996 TAC

of 520,000 lb (235.9 mt), are as follows:

Washington Inside Waters Subarea

(Puget Sound and Straits)

The proposed sport regulations for

this subarea are similar to 1996, except

that the season is reduced by 2 weeks,

because the catch rate in 1996 was

greater than predicted preseason in

1996. The proposed fishing season

would be open from May 23 through

July 13, 5 days a week (Thursday

through Monday). If the 1997 TAC is

greater than 1996, the season length

and/or days open per week will likely

increase. The final determination of the

season dates that will be open will be

based on the allowable harvest level,

estimated catch rates, and

recommendations developed in a public

workshop sponsored by Washington

Department of Fish and Wildlife after

the 1997 TAC is set by the IPHC.

Washington North Coast Subarea (north

of the Queets River)

The proposed sport regulations for

this subarea are the same as 1996 with

a May 1 opening and continuing 5 days

per week (Tuesday through Saturday)

until the quota is taken. If the 1997 TAC

is the same as 1996, the quota for this
384 Federal Register / Vol. 62, No. 2 / Friday, January 3, 1997 / Proposed Rules

subarea would likely be reached by the

end of May. If the 1997 TAC is greater

than 1996, the Plan stipulates that the

second priority (after a 5-days-per-week

season in May) is to reopen the fishery

on July 1 and continue through at least

July 4. The next priority in the Plan, if

the TAC is sufficient, is to increase the

May season to 7 days per week and

continue into June.

Washington South Coast Subarea

The proposed sport regulations for

this subarea are the same as 1996 with

a May 1 opening and continuing 7 days

per week until 1,000 lb (0.45 mt) remain

in the quota, and then would reopen as

a nearshore fishery until the remaining

quota is taken, or September 30,

whichever occurs first. The Plan does

not stipulate any change in the

structuring of this season if the 1997

TAC is greater than 1996.

Columbia River Subarea

The proposed sport regulations for

this subarea are the same as 1996 with

a May 1 opening and continuing 7-days

per week until the quota is reached or

September 30, whichever occurs first.

The Plan does not stipulate any change

in the structuring of this season if the

1997 TAC is greater than 1996.

Oregon Central Coast Subarea

The proposed changes to the Plan

would change the structuring for the

May and August seasons in this area to

fixed-seasons. With an Area 2A TAC of

520,000 lb (235.9 mt), the May opening

would be a 5-day fishery with a 3-day

season from May 8 through May 10, and

a 2-day season on May 16 and 17. If

sufficient quota remains after this

season for additional days fishing, the

open dates would be May 31, then May

30, then May 29. The 30–fathom fishery

would open on May 18 and continue

until July 31 or attainment of quota for

this season. The August coastwide

unrestricted-depth fishery (Cape Falcon

to Oregon/California border) would be a

2-day season on August 1 and 2. If

sufficient quota remains after this

season for additional days fishing, the

open dates would be August 16, then

August 15, then August 14. If the 1997

TAC is greater than 1996, the May

season may be more than 5 days, and

the fishery would be open 3 days per

week as described in the above

proposed changes to the Plan. The final

determination of the season dates will

be based on the allowable harvest level,

estimated catch rates, and

recommendations developed in a public

workshop sponsored by ODFW after the

1997 TAC is set by the IPHC.

Oregon South Coast Subarea

The proposed sport regulations for the

first and second seasons are the same as

1996 with the first season opening May

16 and continuing 3 days per week until

80 percent of the quota is taken, then

switching to a nearshore water fishery

until the subarea quota is taken or July

31, whichever is earlier. The third

coastwide (Cape Falcon to OR/CA

border) unrestricted depth season would

be a 2-day season on August 1 and 2. If

sufficient quota remains after this

season for additional days fishing, the

open dates would be August 16, then

August 15, then August 14. The Plan, as

proposed to be changed (described

above), does not stipulate any change in

the structuring of the seasons if the 1997

TAC is greater than 1996. The final

determination of the season opening

dates will be based on recommendations

developed in a public workshop

sponsored by ODFW after the 1997 TAC

is set by the IPHC.

California Subarea

The proposed sport regulations for

this subarea are the same as 1996 with

a May 1 opening and continuing 7-days

per week until September 30. The Plan

does not stipulate any change in the

structuring of this season if the 1997

TAC is greater than 1996.

NMFS requests public comments on

the Council’s recommended

modifications to the Plan and the

proposed sport fishing regulations. The

Area 2A TAC will be set by the IPHC at

its annual meeting on January 27–30,

1997. Comments on the proposed

changes to the Plan are requested by

January 19, 1997 so that final changes to

the Plan can be approved before the

IPHC meeting. Comments on the

proposed sport regulations are requested

by February 15, 1997, after the IPHC

annual meeting, so that the public will

have the opportunity to consider the

final Area 2A TAC before submitting

comments on the proposed sport fishing

regulations. The States of Washington

and Oregon will conduct public

workshops shortly after the IPHC

meeting to obtain input on the sport

season dates. After the Area 2A TAC is

known, and after NMFS reviews public

comments and comments from the

States, NMFS will issue final rules for

the Area 2A Pacific halibut sport fishery

concurrent with the IPHC regulations

for the 1997 Pacific halibut fisheries.

Copies of the Plan are available from

NMFS (see ADDRESSES).

Classification

The proposed revisions to the Plan

and sport regulations are not significant

and fall within the scope of the 1995

Environmental Assessment/Regulatory

Impact Review prepared by the Council,

which also applies to this action.

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

proposed action, if adopted, would not

have a significant economic impact on

a substantial number of small entities as

follows:

The proposed revisions to the Catch

Sharing Plan would not change the allocation

of the total allowable catch of Pacific halibut

between treaty and non-Indian fisheries, and

among non-Indian commercial and sport

fisheries in International Pacific Commission

Statistical Area 2A (off Washington, Oregon,

and California). The proposed revisions,

recommended by the Pacific Fishery

Management Council, would affect only the

non-Indian sports fishery and are intended to

allow users to better utilize allocations in the

sport fisheries off Oregon.

Many of the proposed sport fishing

regulations are similar to those implemented

in 1996 and are based on the Area 2A 1996

total allowable catch of 520,000 pounds

(235.9 metric tons) of Pacific halibut. If the

International Pacific Halibut Commission

determines that the 1997 total allowable

catch for Area 2A is greater than the 1996

amount, the fishing seasons and open fishing

dates could be adjusted to provide for an

increased sport fishery harvest. Any increase

in the 1997 total allowable catch would have

a positive economic impact on the sport

fisheries.

Therefore, a regulatory flexibility

analysis was not prepared.

This action has been determined to be

not significant for purposes of E.O.

12866.

Dated: December 27, 1996.

Nancy Foster,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–6 Filed 1–2–96; 8:45 am]

BILLING CODE 3510–22–F

50 CFR Part 622

[I.D. 120696E]

South Atlantic Fishery Management

Council; Public Hearings; Correction

AGENCY: National Marine Fisheries

Service, (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Public hearings; correction.

SUMMARY: This document corrects the

notice announcing hearings on Draft

Amendment 8 to the Fishery

Management Plan for the SnapperGrouper Fishery of the South Atlantic