Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Rules and Regulations 12105

inspection and copying during normal

business hours in the FCC’s Reference

Center (Room 239), 1919 M Street, NW.,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Services, Inc., 2100 M Street, NW., Suite

140, Washington, DC 20037, (202) 857–

3800.

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: Secs. 303, 48 Stat., as amended,

1082; 47 U.S.C. 154, as amended.

§ 73.202 [Amended]

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

Allotments under California, is

amended by adding Huron, Channel

252A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 97–6428 Filed 3–13–97; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 961129337–7040–02; I.D.

112096A]

RIN 0648–XX75

Fisheries of the Northeastern United

States; Summer Flounder, Scup, and

Black Sea Bass Fisheries; 1997 Scup

Specifications

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule and final

specifications for the 1997 scup fishery.

SUMMARY: NMFS issues the final

specifications for the 1997 scup fishery

that include a commercial catch quota,

a recreational harvest limit, and other

management measures. The intent of

these measures is to prevent overfishing

of the scup resource.

DATES: The amendment to

§ 648.123(a)(1) is effective April 14,

1997. The final 1997 scup specifications

are effective March 11, 1997 through

December 31, 1997.

ADDRESSES: Copies of the Mid-Atlantic

Fishery Management Council’s analysis

and recommendations are available

from David R. Keifer, Executive

Director, Mid-Atlantic Fishery

Management Council, Room 2115,

Federal Building, 300 South New Street,

Dover, DE 19904–6790.

FOR FURTHER INFORMATION CONTACT:

Lucille L. Helvenston, Fishery

Management Specialist (508) 281–9347.

SUPPLEMENTARY INFORMATION:

Comprehensive measures enacted by

Amendment 8 to the Summer Flounder,

Scup, and Black Sea Bass Fishery

Management Plan (FMP) were designed

to rebuild the severely depleted scup

stock. Amendment 8 established a

Monitoring Committee that meets

annually to review the best available

scientific data and make

recommendations regarding the catch

quota and other management measures

in the FMP. The Committee’s

recommendations are made to achieve

the target exploitation rates established

in the amendment to reduce overfishing.

The Committee bases its

recommendations on: (1) Commercial

and recreational catch data; (2) current

estimates of fishing mortality; (3) stock

status; (4) recent estimates of

recruitment; (5) virtual population

analysis (VPA); (6) levels of regulatory

noncompliance by fishermen or

individual states; (7) impact of fish size

and net mesh regulations; (8) impact of

gear other than otter trawls on the

mortality of scup; and (9) other relevant

information.

Based on the recommendations of the

Monitoring Committee, the Mid-Atlantic

Council’s Demersal Species Committee

makes a recommendation to the

Council, which in turn makes a

recommendation to the Administrator,

Northeast Region, NMFS. The Council

recommended a commercial quota,

recreational harvest limit, and changes

in the minimum mesh regulations for

1997.

The measures contained in this final

action are unchanged from those in the

proposed rule published December 9,

1996, (61 FR 64854) and are: (1) A

coastwide commercial quota of 6.0

million lb (2.7 million kg); (2) a

recreational harvest limit of 1.947

million lb (0.88 million kg); (3) an

increase in the minimum codend mesh

size from 4.0 inches (10.21 cm) to 4.5

inches (11.43 cm) and (4) seasonal

minimum mesh threshold levels of

4,000 lb (1,814 kg) in the winter months

(November—April) and 1,000 lb (453

kg) in the sumer months (May—

October). Detailed background

information concerning these measures

is provided in the proposed rule and is

not repeated here.

The coastwide quota is for the 1997

fishing year, January 1, 1997, through

December 31. 1997. However, the

Council has proposed a regulatory

change in a separation action that would

divide the quota into three seasons:

Winter 1 (January—April), Summer

(May—October) and Winter 2

(November—December). The winter

quota would be coastwide. The summer

quota would be allocated on a state-bystate basis. Trip limits would be

imposed in the winter periods. If this

proposal is approved, it would be

implemented about mid-1997.

Comments and Responses

The Mid-Atlantic Fishery

Management Council (Council)

submitted a comment in support of the

1997 specifications for the scup fishery.

The Department of Marine Fisheries of

the Commonwealth of Massachusetts

(MADMF) and an individual submitted

comments in opposition to the proposed

1997 specifications for the scup fishery.

Comment: Both MADMF and the

individual commenter believe the

NMFS should not implement the 1997

coastwide commercial quota for several

reasons. The individual commenter

asserts that the absence of any

constraints on the harvest of the

coastwide quota allows the winter

offshore fishery to catch all of the quota

and discriminates against inshore

harvesters. The MADMF states that,

without the proposed regulatory change

to the quota system, the quota will be

harvested early in the year and there

will be negative impacts from the

resulting fishery closure. MADMF also

notes that quota monitoring should be

improved prior to implementation.

Response: The FMP requires NMFS to

implement a coastwide commercial

quota for 1997. NMFS has no legal

authority to defer implementation of the

quota until the regulatory amendment is

approved. While NMFS is actively

involved in the ongoing efforts to

improve quota monitoring, particularly

for state fisheries, NMFS disagrees with

the implication that the existing

monitoring system is inadequate for

scup quota management. Further, NMFS

disagrees with the contention that the

quota is discriminatory. The quota in

and of itself is not discriminatory.

Although these measures may have

negative impacts on different sectors of

the fishery because of the distance from

areas in which scup are available, the

regulatory measures are not in and of

themselves discriminatory. The review
12106 Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Rules and Regulations

of the amendment concluded that it was

consistent with the national standards

of the Magnuson-Stevens Fishery

Conservation and Management Act and

with other applicable law. NMFS notes

that the amendment applies to the

coastwide fishery rather than just to the

Massachusetts industry, which the

amendment shows has historically

accounted for only 7 percent of the

coastwide scup landings.

Comment: MADMF comments that

the implementation of the quota and the

anticipated fishery closure will not

prevent regulatory discards in the small

mesh fisheries, particularly the squid

fishery. MADMF proposes that, if the

quota is implemented for 1997, NMFS

should revise the manner in which

discards are accounted for in calculating

the quota. MADMF proposes that

discards should only be considered if

they occur in fisheries that are directed

towards scup.

Response: The minimum mesh

requirement and the associated catch

threshold are intended to discourage

vessel operators using small mesh for

other species from continuing to fish

when they encounter large amounts of

scup that they would be required to sort

out from other species and discard. The

FMP also specifies that the annual total

allowable catch (TAC) will be set to

attain the target exploitation rates

specified in the plan. Because the TAC

represents the sum of discards and

quota, there is an incentive for the

industry to reduce discards in order to

increase quotas. NMFS cannot modify

the FMP as suggested by MADMF to

change the manner in which discards

are deducted from the TAC.

MNFS notes that if these measures do

not have the desired effects on discard

levels, the FMP provides the Council

with the option of specifying season and

area closures in the future if necessary

to address such concerns.

Comment: The individual commenter

stated that fishermen from

Massachusetts were not represented in

the scup management process and were

unfairly impacted.

Response: The process to adopt and

implement the amendment involved

public hearings where members of the

industry among other members of the

public were allowed to comment on the

proposed measures. NMFS notes that in

1995, hearings were held in New

Bedford, MA, and Newport, RI, on July

18th and July 17th, respectively. The

proposed rule also solicited comments

from the public that were considered by

NMFS in the review of the amendment.

Therefore, NMFS concludes that

Massachusetts industry participants

were given several opportunities to be

represented in the scup management

process.

Comment: MADMF suggested that the

4,000-lb (1,814-kg) threshold that will

trigger the minimum mesh requirement

should be decreased to 100 lb (45 kg).

MADMF proposes that this decrease

will lessen the discards of small

juvenile scup.

Response: The 4,000-lb (1,814-kg)

threshold that will trigger the minimum

mesh requirement was set in response to

analysis of scientific data and public

comment. The amendment showed that

in 1992 and 1993, a large share of the

total scup landings (80 percent) was

comprised of landings in excess of 4,000

lb (1,814 kg). Therefore, the threshold

was set at 4,000 lb (1,814 kg) to target

the majority of vessels landing scup. A

much lower threshold would penalize a

large number of vessels that catch small

amounts of scup as a catch in various

mixed trawl fisheries. These vessels will

be forced to discard legal size scup if

they are caught while fishing for other

species with mesh smaller than the scup

minimum size. The cost that would be

borne by the industry as the result of a

drastic reduction in the threshold

greatly outweighs the benefits that

would accrue to the stock. The 4,000-lb

(1,814-kg) threshold allows vessel

operators to retain and land legal size

scup that will be counted toward the

quota.

Comment: MADMF and the

individual commenter both disagree

with NMFS’ conclusion in the preamble

of the proposed rule that the proposed

measures will not have a significant

economic impact on a substantial

number of small entities. MADMF notes

that NMFS concluded that the effect of

the quota will be minimal because the

1997 quota level is not significantly

lower than the commercial landings in

1995, the most recent year for which

data are available. MADMF states that

the scup landings data for the

Massachusetts fishery are incomplete.

Therefore, the effect of the quota will

not be minimal for the State’s industry.

MADMF also asks why the commercial

quota is not reduced from the 1995 level

if the scup stock is severely depleted.

Response: NMFS disagrees with

MADMF and the individual commenter

that the incomplete data from the State

of Massachusetts would alter the

conclusion that there are no significant

impacts on the industry. While NMFS

accepts that MADMF may well be

correct in stating that these data are

incomplete for Massachusetts, NMFS

cannot conclude that there is a

significant impact on industry based

solely on such a statement. NMFS based

its conclusions concerning the

economic impacts of these measures on

the best available data. NMFS notes that

the regulatory amendment for the scup

fishery, currently under review, invites

state fisheries agencies to update the

landings data for their states in order to

make future adjustments to the summer

state quota shares. NMFS encourages

MADMF to take such action if the

regulatory amendment is approved.

NMFS believes that these annual

specifications address the depleted

nature of the scup stock. The 1997

reductions in exploitation are

anticipated to be realized due to a

reduction in discards rather than a

reduction in landings. The Council

selected a TAC level of 9.11 million lb

(4.13 million kg) as having a 50 percent

probability of achieving the target

exploitation rate of 47 percent for 1997.

The TAC was then divided between the

commercial and recreational sectors of

the fishery in the shares specified in the

FMP (78 percent commercial and 22

percent recreational). The specifications

of 6.0 million lb (2.7 million kg) for the

commercial quota and 1.947 million lb

(0.88 million kg) for the recreational

harvest limit were derived from the

respective TACs by subtracting the

expected discards for 1997 (97 percent

of the discards are allocated to the

commercial fishery and 3 percent are

allocated to the recreational fishery).

The amount subtracted from the

commercial TAC was reduced to

account for an anticipated decrease in

discards due to the implementation of

minimum mesh size and fish size

restrictions in 1996 and 1997.

Comment: MADMF expresses concern

that the quota will alter fishermen’s

behavior and anticipates a change in the

fishery for summer flounder (fluke).

Response: It is unclear from the

comment what change MADMF

anticipates or what action it is

advocating. NMFS cannot respond other

than to agree that the imposition of

management measures on a fishery that

was not previously regulated is

intended to alter fishing behavior to the

benefit of the stock and to the long-term

benefit of the industry.

Comment: A comment from the

Council supports the 1997

specifications for the scup fishery.

Response: NMFS notes the Council’s

support of the 1997 specifications for

the scup fishery.

Classification

This action is authorized by 50 CFR

part 648 and has been determined not

to be significant for purposes of E.O.

12866.

The Assistant General Counsel for

Legislation and Regulation, Department
Federal Register / Vol. 62, No. 50 / Friday, March 14, 1997 / Rules and Regulations 12107

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 under the Regulatory Flexibility

Act (RFA). The reasons for the finding

of no significant economic impact under

the RFA were discussed in the proposed

rule published in the Federal Register

on December 9, 1996 (61 FR 64854), and

are not repeated here. NMFS received

several comments, which are addressed

above, regarding this certification. These

comments did not cause NMFS to

change its determination regarding the

certification. As a result, no regulatory

flexibility analysis was prepared.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: March 10, 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

to read 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. In § 648.123, paragraph (a)(1) is

revised to read as follows:

§ 648.123 Gear restrictions.

(a) Travel vessel gear restrictions—(1)

Minimum mesh size. The owners or

operators of otter trawlers issued a scup

moratorium permit, and that possess

4,000 lb or more (1,814 kg or more) of

scup from November 1 through April 30

or 1,000 lb or more (454 kg or more) of

scup from May 1 through October 31

must fish with nets that have a

minimum mesh size of 4.5 inches (11.43

cm) diamond mesh, applied throughout

the codend for at least 75 continuous

meshes forward of the terminus of the

net, or for codends with less than 75

meshes, the minimum-mesh-size

codend must be a minimum of one-third

of the net, measured from the terminus

of the codend to the head rope,

excluding any turtle excluder device

extension. Scup on board these vessels

shall be stored separately and kept

readily available for inspection.

* * * * *

[FR Doc. 97–6483 Filed 3–11–97; 4:32 pm]

BILLING CODE 3510–22–M