Federal Register / Vol. 62, No. 56 / Monday, March 24, 1997 / Rules and Regulations 13839

subject to review by the Office of

Management and Budget. In addition,

this action does not impose any

enforceable duty or contain any

unfunded mandate as described in the

Unfunded Mandates Reform Act of 1995

(Pub. L. 104–4), or require prior

consultation with State officials as

specified by Executive Order 12875 (58

FR 58093, October 28, 1993), or special

considerations as required by Executive

Order 12898 (59 FR 7629, February 16,

1994).

Because tolerances established on the

basis of a petition under section 408(d)

of FFDCA do not require issuance of a

proposed rule, the regulatory flexibility

analysis requirements of the Regulatory

Flexibility Act (RFA), 5 U.S.C. 604(a),

do not apply. Prior to the recent

amendment of the FFDCA, EPA had

treated such rulemaking as subject to

the RFA; however, the amendments to

the FFDCA clarify that no proposal is

required for such rulemakings and

hence that the RFA is inapplicable.

Nonetheless, the Agency has previously

assessed whether establishing tolerances

or exemptions from tolerance, raising

tolerance levels, or expanding

exemptions adversely impact small

entities and concluded, as a generic

matter, that there is no adverse impact.

(46 FR 24950) (May 4, 1981).

Pursuant to 5 U.S.C. 801(a)(1)(A) of

the Small Business Regulatory

Enforcement Fairness Act of 1996 (Title

II of Pub. L. 104–121, 110 Stat. 847),

EPA submitted a report containing this

rule and other required information to

the U.S. Senate, the U.S. House of

Representatives and the Comptroller

General of the General Accounting

Office prior to publication of the rule in

today’s Federal Register. This rule is

not a major rule as defined by 5 U.S.C.

804(2).

List of Subjects

40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

40 CFR Part 185

Environmental protection, Food

additives, Pesticides and pests.

40 CFR Part 186

Environmental protection, Animal

feeds, Pesticides and pests.

Dated: March 14, 1997.

Penelope A. Fenner-Crisp,

Acting Director, Office of Pesticide Programs.

Therefore, 40 CFR Chapter I is

amended as follows:

1. In part 180:

PART 180—[AMENDED]

a. The authority citation of part 180

continues to read:

Authority: 21 U.S.C. 346a and 371.

b. In § 180.449 by revising paragraph

(a) to read as follows:

§ 180.449 Avermectin B1 and its delta-8,9-

isomer; tolerances for residues.

(a) Tolerances are established for the

combined residues of the insecticide

avermectin (a mixture of avermectins

containing greater that or equal to 80%

avermectin B1a(5-O-dimethyl avermectin

A1a) and less than or equal to 20%

avermectin b(5-O-demethyl-25-de(1-

methylpropyl)-25-(1-methylethyl)

avermectin A1a)) and its delta-8, 9-

isomer in or on the following

commodities:

Commodity Parts per

million Expiration/Revocation Date

Cattle, fat ............................................................................................................................................ 0.015 ppm September 1, 1999

Cattle, mbyp ....................................................................................................................................... 0.02 ppm September 1, 1999

Cattle, meat ........................................................................................................................................ 0.02 ppm September 1, 1999

Citrus, dried pulp ................................................................................................................................ 0.10 ppm September 1, 1999

Citrus, oil ............................................................................................................................................ 0.10 ppm September 1, 1999

Citrus, whole fruit ............................................................................................................................... 0.02 ppm September 1, 1999

Cottonseed ......................................................................................................................................... 0.005 ppm September 1, 1999

Hops, dried ......................................................................................................................................... 0.2 ppm September 1, 1999

Milk ..................................................................................................................................................... 0.005 ppm September 1, 1999

Potatoes ............................................................................................................................................. 0.005 ppm September 1, 1999

* * * * *

2. In part 185:

PART 185—[AMENDED]

a. The authority citation for part 185

is revised to read as follows:

Authority: 21 U.S.C. 348.

§ 185.300 [Removed]

b. By removing § 185.300 in its

entirety.

3. In part 186:

PART 186—[AMENDED]

a. The authority citation for part 186

is revised to read as follows:

Authority: 21 U.S.C. 348.

§ 186.300 [Removed]

b. By removing § 186.300 in its

entirety.

[FR 97–7352 Filed 3–21–97; 8:45 am]

BILLING CODE 6560–50–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 961217360–7052–02; I.D.

112596C]

RIN 0648–AI62

Fisheries of the Exclusive Economic

Zone Off Alaska; Groundfish of the

Bering Sea and Aleutian Islands Area;

Prohibited Species Catch Limits for

Tanner Crab

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.
13840 Federal Register / Vol. 62, No. 56 / Monday, March 24, 1997 / Rules and Regulations

ACTION: Final rule and technical

amendment.

SUMMARY: NMFS implements

Amendment 41 to the Fishery

Management Plan for the Groundfish

Fishery of the Bering Sea and Aleutian

Islands Area (FMP) as recommended by

the North Pacific Fishery Management

Council (Council). The implementing

regulations of Amendment 41 adjust the

prohibited species catch (PSC) limits for

Tanner crab (Chionoecetes bairdi) in

Zones 1 and 2 of the Bering Sea and

change the 1997 C. bairdi PSC

allowances for the Bering Sea and

Aleutian Islands management area

(BSAI) trawl fisheries to reflect the

adjustment to the C. bairdi PSC limits.

These measures are necessary to protect

the C. bairdi stock in the Bering Sea,

which has declined to a level that

presents a serious conservation

problem. They are intended to

accomplish the objectives of the FMP

with respect to the management of the

BSAI groundfish fishery.

EFFECTIVE DATE: April 23, 1997.

ADDRESSES: Copies of the

Environmental Assessment/Regulatory

Impact Review/Final Regulatory

Flexibility Analysis (EA/RIR/FRFA)

prepared for the amendment may be

obtained from the North Pacific Fishery

Management Council, Suite 306, 605

West 4th Avenue, Anchorage, AK

99501–2252; telephone: 907–271–2809.

FOR FURTHER INFORMATION CONTACT: Kim

S. Rivera, 907–586–7228.

SUPPLEMENTARY INFORMATION:

Background

The U.S. groundfish fisheries of the

BSAI in the exclusive economic zone

are managed by NMFS under the FMP.

The FMP was prepared by the Council

under the Magnuson-Stevens Fishery

Conservation and Management Act (16

U.S.C. 1801 et seq.; Magnuson-Stevens

Act) and is implemented by regulations

for the U.S. fisheries at 50 CFR part 679.

General regulations that also pertain to

U.S. fisheries appear at subpart H of 50

CFR part 600.

Recruitment and exploitable biomass

of Bering Sea C. bairdi stocks are at

relatively low levels based on recent

NMFS bottom trawl survey data. The

1995 C. bairdi season produced only 4.5

million lb (2,017 mt) for the 196 vessels

participating. This amount is the lowest

catch since the fishery reopened in

1988. Survey data from 1996 indicate

that the stock decline will continue.

The groundfish fisheries incidentally

catch crab. An objective of the FMP is

to minimize the impact of groundfish

fisheries on crab and other prohibited

species, while providing for rational and

optimal use of the region’s fishery

resources. All gear types used to catch

groundfish have some potential to catch

crab incidentally, but the large majority

of crab bycatch occurs in trawl fisheries.

In June 1996, the Council formed an

industry work group to review proposed

PSC limits for C. bairdi. This work

group consisted of three crab fishery

representatives, three trawl fishery

representatives, and one shoreside

processing representative. The group

met August 29–30, 1996, and came to a

consensus on PSC limits for C. bairdi

crab. The agreement negotiated by

affected industry groups resulted in a

proposal for an annual specification of

PSC limits for C. bairdi based on the

total abundance of C. bairdi as indicated

by the most recent NMFS bottom trawl

survey.

At its September 1996 meeting, the

Council endorsed the industry work

group agreement and recommended that

NMFS proceed to implement a revision

to the C. bairdi PSC limits under

Amendment 41 to the FMP.

NMFS published a proposed rule in

the Federal Register on January 2, 1997

(62 FR 85). Public comment on the FMP

amendment was invited through

January 31, 1997, and on the proposed

regulations through February 18, 1997.

No comments were received.

Changes From the Proposed Rule

The final rule reflects two minor

changes from the proposed rule: minor

adjustments to the C. bairdi PSC

allowances for the BSAI trawl fisheries

and a technical amendment described

below.

The proposed rule reflected C. bairdi

PSC allowances for the BSAI trawl

fisheries that were recommended by the

Council at its September 1996 meeting

as part of the annual BSAI groundfish

specification process. The Council

recommended minor adjustments to the

C. bairdi PSC allowances for the BSAI

trawl fisheries at its December 1996

meeting. The adjustments are to the

fishery apportionments, not to the total

PSC limit. Table 7 of the final 1997

BSAI groundfish harvest specifications

(62 FR 7168, February 18, 1997) is

amended to reflect the adjustments to

the C. bairdi PSC apportionments as in

the proposed rule (62 FR 85, January 2,

1997) and the minor adjustments to

these fishery apportionments as

recommended by the Council at its

December 1996 meeting.

Technical Amendment

A proposed regulation at

§ 679.21(e)(1)(ii) referred to the annual

notification of PSC limits at

§ 679.21(e)(6). Inadvertently, revisions

to paragraph (e)(6) of that section to

indicate that NMFS is to provide

notification to the public of the annual

C. bairdi PSC limit were not proposed.

The final rule revises the regulation at

§ 679.21(e)(6) to provide for public

notification of the annual C. bairdi PSC

limit.

Based on the abundance of C. bairdi

estimated from the 1996 NMFS trawl

survey (185 million crabs), the PSC limit

for C. bairdi for 1997 is 750,000 crabs

in Zone 1 and 2,100,000 crabs in Zone

2.

2. The C. bairdi PSC allowances for

the BSAI trawl fisheries are adjusted to

be as follows:

TABLE 7.—FINAL 1997 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL AND NONTRAWL FISHERIES

Trawl fisheries Zone 1 Zone 2

C. bairdi Tanner crab, number of animals:

Yellowfin sole ........................................................................................................................................................... 276,316 1,071,000

Rocksole/flathead sole/otherflat ............................................................................................................................... 296,052 357,000

Turbot/arrowtooth/sablefish ...................................................................................................................................... 0 0

Rockfish .................................................................................................................................................................... 0 7,000

Pacific cod ................................................................................................................................................................ 133,224 195,000

Pollock/Atka mackerel/other ..................................................................................................................................... 44,408 470,000

Total ............................................................................................................................................................... 750,000 2,100,000
Federal Register / Vol. 62, No. 56 / Monday, March 24, 1997 / Rules and Regulations 13841

Classification

The Regional Administrator

determined that Amendment 41 is

necessary for the conservation and

management of the BSAI fisheries and

that it is consistent with the MagnusonStevens Act and other applicable laws.

This final rule has been determined to

be not significant for the purposes of

E.O. 12866.

The Council prepared an FRFA as

part of the RIR, which describes the

impact this rule would have on small

entities. Many trawl vessels and

processors participating in the BSAI

groundfish fishery could be affected by

this action. Most catcher vessels

harvesting groundfish off Alaska are

considered small entities and would be

affected by the reduced C. bairdi PSC

limits. The 132 trawl catcher vessels

that harvested BSAI groundfish in 1993

are considered small entities. Reduced

PSC limits could reduce annual gross

revenues by more than 5 percent. NMFS

has taken steps to minimize economic

impacts on small entities by structuring

the annual specification process of the

PSC C. bairdi limit to be responsive to

the total C. bairdi abundance as

estimated annually. Alternative 1, the

status quo, was rejected as more

burdensome on small entities because

status quo bycatch limits for C. bairdi

established for Bering Sea fisheries may

be too high given current status of crab

stocks, and bycatch may impact crab

rebuilding and future crab harvests by

pot fisheries. Alternative 2 was rejected

because the major assumption regarding

assessment of impacts for Alternative 2

is that crab stock abundance will remain

relatively stable, or that the trawl fishery

will adapt to changes in crab

abundance. If crab stocks continue to

decline, bycatch will account for a

higher proportion of the total annual

mortality.

List of Subjects in 50 CFR Part 679

Fisheries, Reporting and

recordkeeping requirements.

Dated: March 17, 1997.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 679 is amended

as follows:

PART 679—FISHERIES OF THE

EXCLUSIVE ECONOMIC ZONE OFF

ALASKA

1. The authority citation for 50 CFR

part 679 continues to read as follows:

Authority: 16 U.S.C. 773 et seq., 1801 et

seq.

2. In § 679.21, paragraph (e)(1)(iii) is

removed, paragraphs (e)(1)(iv) through

(vii) are redesignated as paragraphs

(e)(1)(iii) through (vi), respectively, and

paragraphs (e)(1)(ii) and (e)(6) are

revised to read as follows:

§ 679.21 Prohibited species bycatch

management.

* * * * *

(e) * * * (1) * * *

(ii) Tanner crab (C. bairdi). The PSC

limit of C. bairdi crabs caught by trawl

vessels while engaged in directed

fishing for groundfish in Zones 1 and 2

during any fishing year will be specified

annually by NMFS under paragraph

(e)(6) of this section, based on total

abundance of C. bairdi crabs as

indicated by the NMFS annual bottom

trawl survey, using the criteria set out

under paragraphs (e)(1)(ii)(A) and (B) of

this section.

(A) Zone 1. When the total abundance

of C. bairdi crabs is:

(1) 150 million animals or less, the

PSC limit will be 0.5 percent of the total

abundance.

(2) Over 150 million to 270 million

animals, the PSC limit will be 750,000

animals.

(3) Over 270 million to 400 million

animals, the PSC limit will be 850,000

animals.

(4) Over 400 million animals, the PSC

limit will be 1,000,000 animals.

(B) Zone 2. When the total abundance

of C. bairdi crabs is:

(1) 175 million animals or less, the

PSC limit will be 1.2 percent of the total

abundance.

(2) Over 175 million to 290 million

animals, the PSC limit will be 2,100,000

animals.

(3) Over 290 million to 400 million

animals, the PSC limit will be 2,550,000

animals.

(4) Over 400 million animals, the PSC

limit will be 3,000,000 animals.

* * * * *

(6) Notification—(i) General. NMFS

will publish annually in the Federal

Register the annual red king crab PSC

limit, and, if applicable, the amount of

this PSC limit specified for the RKCSS,

the annual C. bairdi PSC limit, the

proposed and final bycatch allowances,

seasonal apportionments thereof, and

the manner in which seasonal

apportionments of nontrawl fishery

bycatch allowances will be managed, as

required under this paragraph (e).

(ii) Public comment. Public comment

will be accepted by NMFS on the

proposed annual red king crab PSC limit

and, if applicable, the amount of this

PSC limit specified for the RKCSS, the

annual C. bairdi PSC limit, the proposed

and final bycatch allowances, seasonal

apportionments thereof, and the manner

in which seasonal apportionments of

nontrawl fishery bycatch allowances

will be managed, for a period of 30 days

from the date of publication in the

Federal Register.

* * * * *

[FR Doc. 97–7367 Filed 3–21–97; 8:45 am]

BILLING CODE 3510–22–P