16108 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

Seventh Street, SW, Washington, DC

20590–0001, Telephone (202) 366–8553.

ADDRESSES: The public workshop will

be held in Room 8236–40, U.S.

Department of Transportation, 400

Seventh Street, SW, Washington, DC.

SUPPLEMENTARY INFORMATION: RSPA

received general requests for

clarification concerning the size and

placement of the marking required by

§ 171.5(b) of the Hazardous Materials

Regulations (49 CFR parts 171–180).

This temporary marking requirement

was adopted in an interim final rule

(IFR) published in the Federal Register

on February 19, 1997 [62 FR 7638]. The

marking dimensions specified in the IFR

are the minimum acceptable size

markings. It is permissible to make the

marking proportionally larger. Also, in

the IFR, RSPA did not indicate the exact

location for placing this marking on the

cargo tank. On February 21, 1997, RSPA

responded to a request for clarification

from the National Tank Truck Carriers,

Inc. by stating that the marking should

be placed at or near a tank’s

specification plate.

In the IFR, RSPA announced that two

public workshops would be held in

Washington, DC. The first workshop

was held on March 4–5, 1997. It served

as a forum for exchange of information

and ideas concerning emergency

discharge control systems on cargo

tanks. The second workshop, now

scheduled for April 16–17, 1997, will

focus on review of prototype designs for

proposed product discharge control

systems, and a review of research and

development actions initiated by

industry to meet the requirements

specified in the HMR.

Issued in Washington, DC, on March 31,

1997.

Alan I. Roberts,

Associate Administrator for Hazardous

Materials Safety.

[FR Doc. 97–8612 Filed 4–3–97; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 229

[Docket No. 960730211–7066–03; I.D. No.

031797D]

North Atlantic Right Whale Protection;

Emergency Regulations

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Emergency interim rule.

SUMMARY: This emergency interim rule

implements restrictions on use of

lobster pot gear in the Cape Cod Bay

right whale critical habitat from April 1,

1997, through May 15, 1997. It also

prohibits lobster pot fishing in the Great

South Channel right whale critical

habitat area from April 1, 1997, through

June 30, 1997, until gear modifications

or alternative fishing practices that

minimize the risk of entanglement or

reduce the likelihood that entanglement

will result in serious injury or mortality

are developed and approved.

EFFECTIVE DATE: This rule is effective

from April 1, 1997, through June 30,

1997.

ADDRESSES: Copies of the

Environmental Assessment analyzing

this action may be obtained from the

Chief, Marine Mammal Division, Office

of Protected Resources (FPR), NMFS,

1315 East West Highway, Silver Spring,

MD 20910.

FOR FURTHER INFORMATION CONTACT:

Michael Payne, NMFS/Marine Mammal

Division/Office of Protected Resources,

301–713–2322; or Kimberly

Thounhurst, NMFS/Northeast Regional

Office/Protected Species Program, 508–

281–9138.

SUPPLEMENTARY INFORMATION:

Need for Emergency Action

With a minimum population estimate

of 295 animals, the northern right whale

is the most severely depleted large

whale species in the Atlantic Ocean.

Approximately 37 entanglements of

right whales in fishing gear, including

fixed and drift gillnets, lobster pot gear,

fish traps, weirs, and unidentified gear

have been reported. Nine of the above

entanglements, eight of which resulted

in serious injury or mortality, were

attributed to gear identified as lobster

gear. The working definition of serious

injury used by the Northeast Region is

provided in the 1997 List of Fisheries

(62 FR 33, January 2, 1997). Pursuant to

Section 118(g)(1)(B) of the Marine

Mammal Protection Act (MMPA), if the

Secretary of Commerce (Secretary) finds

that the incidental mortality and serious

injury of a marine mammal stock is

having, or is likely to have, an

immediate and significant adverse

impact on that stock or species, and in

the case where a take reduction plan

(TRP) is being developed, the Secretary

shall prescribe emergency regulations to

reduce such incidental mortality and

serious injury in that fishery and

approve and implement, on an

expedited basis, such plan, which shall

provide methods to address such

adverse impact if still necessary.

In the case of the northern right

whale, NMFS has determined, through

consultation under the Endangered

Species Act (ESA), that the continued

existence of the species may be

jeopardized by the use of lobster pot

gear during the annual high use periods

in both the Federal portion of the Cape

Cod Bay critical habitat (January 1,

1997, through May 15) and in the Great

South Channel critical habitat area

(April 1 through June 30). The

consultation concluded that the risk of

jeopardy could be avoided by closing

the Great South Channel critical habitat

area during the period of peak whale

abundance until gear modifications or

alternative fishing practices have been

developed which minimize the threat of

entanglement or the possibility of

serious injury or mortality due to

entanglement. The biological opinion

also recommended that NMFS work

with the Commonwealth of

Massachusetts to restrict or modify the

lobster fishery in the Cape Cod Bay

critical habitat. The conclusion of the

biological opinion was based on the

following factors: (1) In 20 of the past 27

years, the right whale population has

incurred human-induced serious injury

or mortality at a rate that continues to

limit the species’ ability to recover to its

optimum sustainable population level,

(2) the population remains at a critically

low level and experienced an unusually

high number of known mortalities in

1996, and (3) right whales have incurred

serious injury and mortality incidental

to the lobster pot fishery.

Areas designated under the ESA as

critical habitat areas for the northern

right whale were chosen to encompass

areas of concentration for the species

(See 50 CFR 226.13). Although

individual right whales may transit

much of the eastern coast of North

America, large numbers of whales are

likely to remain in the critical habitat

areas throughout the peak months. Peak

months include January or February

through May in Cape Cod Bay and April

through June in the Great South

Channel. Identifying high risk times and

areas for right whales is somewhat

problematic because, although the

location for most recorded entanglement

events is unknown, entanglements are

known to have occurred either at the

very end of the peak spring period or at

other times of the year. An analysis of

fishing effort data indicates that the

critical habitat areas do not have

significant fishing effort in the peak

whale abundance months. Despite low

fishing effort levels, NMFS assigns high

risk to critical habitat areas during peak
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16109

whale abundance months. Even a small

amount of fishing effort represents an

entanglement risk when numbers of

whales in the area are high. Protection

for right whales in critical habitat areas

during non-peak months is expected to

be addressed in the proposed rule for

the Atlantic TRP, which is currently

being developed.

Pursuant to the 1994 amendments to

the MMPA, NMFS established an

Atlantic large whale take reduction team

(TRT) to recommend measures to reduce

the number of serious injuries and

mortalities of right, humpback, finback,

and minke whales in four East Coast

fisheries. Although the TRT did not

reach consensus on all issues it did

submit a report to NMFS on February 4,

1997, that discusses measures to restrict

the lobster fishery in critical habitat.

Many of the measures were based on the

NMFS biological opinion and on the

Commonwealth of Massachusetts right

whale conservation plan submitted to

the Federal district court for the District

of Massachusetts on December 16, 1996,

pursuant to a court order in the case of

Strahan v. Coxe. NMFS plans to publish

the proposed rule for the TRP by April

1, 1997, and the final plan and

implementing regulations by July 15,

1997.

Although these dates represent an

expedited schedule, the TRP will not be

implemented in time to provide

protection for right whales in the critical

habitat area during high use periods in

1997. Due to the conclusion in the

biological opinion issued under the ESA

and the factors upon which that

conclusion was based, NMFS has

determined that the American lobster

pot fishery has the potential to continue

to take northern right whales and is

therefore likely to have an immediate

and significant adverse impact on the

northern right whale population. Since

the potential immediate and significant

adverse impact cannot be addressed by

the TRP until July 1997, NMFS is

implementing fishing restrictions in

critical habitat areas on an emergency

basis. The measures contained in the

emergency regulations are also being

considered within the framework of the

proposed rule for the entire Atlantic

large whale TRP, which is currently

being developed.

Rationale for Gear Restrictions and

Closures

The emergency measures are a set of

initial measures addressing the

immediate need to begin the process of

reducing entanglement risk to northern

right whales incidental to the lobster pot

fishery. These measures include both

gear restrictions and closures in

portions of right whale critical habitat in

Cape Cod Bay and the Great South

Channel. Gear restrictions are required

only in areas where serious

entanglements are less likely to occur,

and where it is more probable that, if an

entanglement does occur, it will be

observed. Restrictions on the use of all

lobster pot gear are being required

where serious entanglements are more

likely to occur and where entanglements

are less likely to be observed. For

example, the Cape Cod Bay area is

closer to shore than the Great South

Channel, so entanglements are more

likely to be observed and reported in

Cape Cod Bay, and it is more likely that

a successful disentanglement could be

conducted in the Bay than in the

Channel. Therefore, certain gear

modifications are exempted in the

Federal portion of the Cape Cod Bay

critical habitat, but no modifications are

approved for use in the Great South

Channel at this time. The gear

modifications exempted by this action

for Cape Cod Bay are expected to

substantially reduce the risk of

entanglement, but NMFS recognized

that the risk is not totally eliminated

and that a serious injury or mortality in

the exempted gear could occur.

Therefore, this emergency action also

includes a contingency measure, as

described below, to close the Federal

portion of the Cape Cod Bay critical

habitat area in the event of a

documented failure of the modified

lobster pot gear.

Behavior of right whales and

information from actual entanglement

records suggest that both vertical buoy

lines and groundlines (line connecting

pots in a lobster pot trawl) used in

lobster pot gear represent entanglement

risks and that either part of the gear

might be the part initially encountered

by the whale. Modifications to the

current practices of rigging buoy lines

are needed to reduce the number of

vertical lines.

Buoy lines are typically constructed

of a section of sinking line near the

surface, spliced or knotted to a longer

section of floating line from there down

to the anchor. Sinking line near the

surface is preferred to decrease the

chance that the line will be severed by

propellers of vessels passing through an

area. Floating line is less expensive than

sinking line and has several additional

benefits. For example, using floating

line near the bottom can prevent the

line from wrapping around the first pot

and causing chafing problems with the

pot and the bottom. The length of buoy

line used can depend on water depth

and tidal influence. In some areas the

buoy line may be longer than twice the

water depth. The tautness of the line is

likely influenced by the tidal cycle and

other currents. Therefore, the line may

be slack during part of the current

cycles in certain areas. It is believed that

slack floating line represents a greater

risk of entanglement than taut line,

particularly if the line is laying on the

surface. Right whales may be

particularly susceptible to entanglement

in lines laying at the surface because of

the feeding behavior known as ‘‘skim

feeding’’ during which whales move

slowly forward through a patch of

zooplankton, keeping the mouth slightly

ajar for hours at a time. Right whales are

also known to feed at depth; however,

the behavior when feeding near the

bottom or in the water column is poorly

understood. A requirement that buoy

line include only sinking line would

decrease the potential for line to be

slack at the surface or in the water

column and thereby reduce the risk of

entanglement represented by buoy lines.

The lobster industry uses either

sinking or floating groundline,

depending on substrate and/or gear

densities. Floating line is preferred in

many areas to avoid snagging on rocky

bottom or on other pots as well as to

reduce chafing caused by contact with

pots and with the bottom. The degree to

which line floats between pots is

unknown. Fishers maintain that the

groundline is probably taut as the pot

trawls are set. The tautness of the line

is likely influenced by the tidal cycle

and other currents, the length of the

trawl, and the speed with which the

trawl is set. If trawls are shifted by

currents, groundlines may have a higher

profile after the gear has been soaking

through several tidal/current cycles. In

addition, right whales are known to feed

close enough to the bottom in certain

areas that mud is still present on the

heads after surfacing. Therefore, even a

modest curve to the groundline could

still represent an entanglement threat,

particularly since the length of

groundline between pots may be as long

as the depth of the water column. The

requirement of sinking groundline

would reduce the potential for a high

profile of the groundline and, therefore,

reduce the entanglement threat

represented by that part of the pot trawl.

Cape Cod Bay: The Commonwealth of

Massachusetts established an

Endangered Whale Working Group

(EWWG) and developed measures to

protect right whales in the portion of

Cape Cod Bay critical habitat area

located in Commonwealth waters. The

EWWG recommended several gear

modifications to reduce the threat of

right whale entanglement in lobster pot

gear in the Cape Cod Bay critical
16110 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

habitat, and these measures were also

discussed by the TRT. Oceanographic

conditions were also taken into account.

The measures recommended by the

EWWG for critical habitat during the

January 1 through May 15 period

included prohibitions on floating buoy

line and floating groundline, prohibition

on use of single pots (i.e., a mandated

use of multiple-pot trawls) to reduce the

number of vertical lines, and an

eventual requirement of a breakaway

buoy or weak buoy line, when

developed. NMFS has reviewed these

measures and has determined that, in

general, they represent a reasonable

approach to reduce the risk that right

whales will be seriously injured or

sustain mortality as a result of

entanglements in lobster gear.

Consequently, NMFS is not duplicating

those measures applicable to State

waters in this emergency rule. However,

there is a small portion of the Cape Cod

Bay critical habitat area that is outside

of Commonwealth waters. NMFS’

emergency measures for the federal

water portion of Cape Cod Bay critical

habitat are largely based on the

measures developed by Massachusetts.

This rule requires the removal of all

lobster pots from the waters of the Cape

Cod Bay critical habitat area through

May 15, 1997, unless the gear is exempt.

Exempt gear consists of trawls of two or

more pots; trawls of less than four pots

may use only one vertical line and

trawls of four or more pots may use no

more than two vertical lines. All buoy

lines and groundlines must be sinking

lines. NMFS believes these measures

will reduce the risk of entanglement

and/or serious injury or mortality due to

entanglement in buoy lines and

groundlines in this area.

The TRT recommended the use of

breakaway buoys or weak buoy lines to

reduce the potential for a whale to

become wrapped in the buoy line and

sustain serious injury or mortality from

either the buoy line itself or from

dragging the whole lobster pot trawl. It

is believed that these measures would

be more effective at reducing the risk

associated with buoy lines than the

measures imposed by this emergency

action. However, since breakaway buoys

and weak buoy lines have not yet been

developed, these measures cannot be

required at this time. Therefore, despite

the implementation of the measures

required by this emergency action in

Federal waters and by the

Commonwealth of Massachusetts in its

waters, some risk of serious injury or

mortality due to entanglement in buoy

lines remains. Thus, a provision is

included in this emergency action that

would allow the Assistant

Administrator of Fisheries, NOAA (AA)

to close, through notification in the

Federal Register, the Cape Cod Bay

critical habitat area, including both the

Federal and Commonwealth portions,

from January 1 through May 15 if a right

whale sustains serious injury or

mortality that is conclusively attributed

to lobster pot gear that is exempted by

NMFS or allowed by the

Commonwealth. The AA may reopen

the area through notification in the

Federal Register once alternative gear

modifications or fishing practices are

approved.

Great South Channel: The Great

South Channel critical habitat area,

which is located entirely in federal

waters, is further from shore than the

Cape Cod Bay area. Therefore,

entanglements are less likely to be

observed, and successful

disentanglement is less likely due to

logistical constraints. In addition,

differences in oceanographic conditions

in the two regions may make a

particular gear modification less

effective in one area relative to the

other. NMFS is currently working with

the Commonwealth of Massachusetts to

establish a gear modification advisory

and technical review group. This group

will be asked to consider oceanographic

conditions in the Great South Channel

in recommending gear modifications

that might be effective and practicable

in that area. Because the gear measures

required by this rule for Cape Cod Bay

have not been reviewed in the context

of oceanographic conditions in the Great

South Channel, NMFS believes that

similar measures may not provide

sufficient protection for right whales in

that area. Consequently, NMFS is

imposing a closure of the Great South

Channel critical habitat area from April

1, 1997 through June 30, 1997. However,

this action includes a provision for

exemptions to this closure once gear

modifications or alternative fishing

practices are developed and approved

by the AA. Once a determination has

been made that the gear modifications

or alternative fishing practices provide

adequate protection for right whales

from the risk of entanglement and/or

serious injury or mortality due to

entanglement, these gear modifications

or alternative fishing practices will be

approved through a notification action

in the Federal Register.

In consideration of the possibility that

gear modifications may be approved by

this season and gear with such

modifications exempted from the

closure at some point during the April

through June period, this emergency

action also contains a contingency

similar to that for Cape Cod Bay that

would allow the AA to again close the

area through notification in the Federal

Register if a right whale sustains serious

injury or mortality that is conclusively

attributed to lobster pot gear exempted

by NMFS.

Classification

In accordance with Section 118(g) of

the MMPA, NMFS has determined that

this rule is necessary to respond to the

potential for immediate and significant

adverse impact to the northern right

whale population incidental to the

prosecution of the American lobster pot

fishery.

The AA also finds for good cause that

the reasons justifying implementation of

this rule on an emergency basis make it

impracticable and contrary to the public

interest to provide additional notice and

opportunity for public comment.

Similarly, the AA is waiving the 30-

day delay in the effective date otherwise

required under 5 U.S.C. 553(d).

Because notice and opportunity for

comment is not required by 5 U.S.C. 553

or by any other law, under 5 U.S.C. 603

and 604, preparation of a regulatory

flexibility analysis is not required.

List of Subjects in 50 CFR Part 229

Administrative practice and

procedure, Confidential business

information, Fisheries, Marine

mammals, Reporting and recordkeeping

requirements.

Dated: April 1, 1997.

Charles Karnella,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 229 is amended

to read as follows:

PART 229—AUTHORIZATION FOR

COMMERCIAL FISHERIES UNDER THE

MARINE MAMMAL PROTECTION ACT

OF 1972

1. The authority citation for 50 CFR

part 229 continues to read as follows:

Authority: 16 U.S.C. 1361 et seq.

2. Effective from April 1, 1997,

through June 30, 1997, in § 229.2, the

definitions for ‘‘American lobster or

lobster’’, ‘‘Groundline’’, ‘‘Lobster pot

trawl’’, ‘‘Pot’’, and ‘‘Sinking line’’ are

added in alphabetical order to read as

follows:

§ 229.2 Definitions.

* * * * *

American lobster or lobster means the

species Homarus americanus.

* * * * *
Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations 16111

Groundline means the line connecting

pots on a pot trawl.

* * * * *

Lobster pot trawl means two or more

lobster pots, all attached to a

groundline.

* * * * *

Pot means any trap, structure, or other

device that is placed on the ocean

bottom and is designed to catch or is

capable of catching lobsters.

* * * * *

Sinking line means line that will sink

and will not float at any point in the

water column.

* * * * *

3. Effective from April 1, 1997,

through June 30, 1997, in § 229.3,

paragraphs (g) and (h) are added to read

as follows:

§ 229.3 Prohibitions.

* * * * *

(g) It is prohibited to fail to remove all

lobster pot gear from the water, or to

use, set, haul back, or fish with, lobster

pot gear in the Cape Cod Bay Critical

Habitat Restricted Lobster Gear Area as

specified in § 229.30(a), unless such

gear meets the requirements and

conditions specified in § 229.30(a)(3).

(h) It is prohibited to fail to remove all

lobster pot gear from the water, or to

use, set, haul back, or fish with, lobster

pot gear in the Great South Channel

Critical Habitat Restricted Lobster Pot

Gear Area as specified in § 229.30(b),

unless otherwise allowed under

§ 229.30(b)(3).

4. Effective from April 1, 1997,

through June 30, 1997, a new § 229.30

is added to Subpart C to read as follows:

Subpart C—Take Reduction Plan

Regulations and Emergency

Regulations

§ 229.30 Lobster pot restrictions to

prevent right whale takes.

(a) Cape Cod Bay Critical Habitat

Area Lobster Pot Gear Restrictions—(1)

General. From April 1, 1997, through

May 15, 1997, all persons must remove

all of their lobster pot gear from the

water, and may not use, set, haul back,

or fish with, lobster pot gear, with the

exception of gear that is exempt under

paragraph (a)(3) of this section, in the

area specified in paragraph (a)(2) of this

section.

(2) Cape Cod Bay Critical Habitat

Restricted Lobster Pot Gear Area. (i) The

restrictions and requirements specified

in paragraph (a)(1) of this section apply

to the Cape Cod Bay Critical Habitat

Restricted Lobster Gear Area (Copies of

a chart depicting this area are available

from the Regional Administrator upon

request), which is the area bounded by

straight lines connecting the following

points in the order stated:

CAPE COD BAY CRITICAL HABITAT

RESTRICTED LOBSTER GEAR AREA

Point N. Latitude W. Longitude

CCB1 ..................... 42°12′N 70°30′W,

CCB2 ..................... 42°12′N 70°15′W,

CCB3 ..................... 42°08′N 70°12.4′W,

then westerly along

the 3 nm state

boundary to

CCB4 ..................... 42°08′N 70°30′W,

then due north to

CCB1.

(3) Cape Cod Bay Critical Habitat

Area Lobster Pot Gear Exemption

Requirements. (i) Lobster pot gear that

meets the following requirements and

conditions is exempted from the

restrictions specified in paragraph (a) of

this section:

(A) The gear is a lobster pot trawl.

(B) No more than one vertical line is

used if the lobster pot trawl consists of

fewer than four lobster pots.

(C) No more than two vertical lines

are used if the lobster pot trawl consists

of four or more lobster pots.

(D) All groundlines and buoy lines

consist of sinking line. Polypropylene

line is not sinking line unless it contains

a lead core.

(ii) The Assistant Administrator may

revise the requirements and conditions

specified in paragraph (a)(3)(i) of this

section or impose additional

requirements and conditions and/or

exempt specified alternative fishing

practices by publishing the

requirements, conditions, or alternatives

in the Federal Register.

(4) Additional measures for the

protection of right whales. (i) If a serious

injury or mortality of a northern right

whale occurs in the Cape Cod Bay

critical habitat area specified under 50

CFR 229.13(b) during the time specified

in paragraph (a)(1) of this section, and

is conclusively attributed to lobster pot

gear exempt under paragraph (a)(3)(i) of

this section or allowed by the

Commonwealth of Massachusetts in

Commonwealth waters, the area shall be

closed for the period specified in

paragraph (a)(1) of this section through

notification in the Federal Register until

such time as the Assistant

Administrator revises the requirements

and conditions specified in paragraph

(a)(3)(i) of this section or imposes

additional requirements and conditions,

or exempts specified alternative fishing

practices in accordance with paragraph

(a)(3)(ii) of this section.

(ii) If a serious injury or mortality of

any endangered whale occurs in any

area and at any time and is conclusively

attributed to gear exempt under

paragraph (a)(3)(i) or allowed by the

Commonwealth of Massachusetts in

Commonwealth waters, NMFS will

reassess its exemption of the gear and

may close the Cape Cod Bay critical

habitat area to all lobster pot fishing

through notification in the Federal

Register until such time as the Assistant

Administrator revises the requirements

and conditions specified in paragraph

(a)(3)(i) of this section or imposes

additional requirements and conditions,

or exempts specified alternative fishing

practices in accordance with paragraph

(a)(3)(ii) of this section.

(b) Great South Channel Critical

Habitat Area Lobster Pot Gear

Restrictions—(1) General. From April 1,

1997 through June 30, 1997, all persons

must remove all of their lobster pot gear

from the water, and may not use, set,

haul back, or fish with, lobster pot gear

in the area specified in paragraph (b)(2)

of this section, unless the Assistant

Administrator exempts such gear under

paragraph (b)(3) of this section.

(2) Great South Channel Critical

Habitat Area Restricted Lobster Pot Gear

Area. The restrictions on use of lobster

pot gear specified in paragraph (b)(1) of

this section apply to the Great South

Channel Critical Habitat (copies of a

chart depicting this area are available

from the Assistant Administrator upon

request), which is the area bounded by

straight lines connecting the following

points in the order stated:

GREAT SOUTH CHANNEL CRITICAL

HABITAT CLOSURE AREA

Point N. Latitude W. Longitude

GSC1 ................ 41°00′ N 69°05′ W,

GSC2 ................ 41°40′ N 69°45′ W,

GSC3 ................ 42°10′ N 68°31′ W,

and

GSC4 ................ 41°38′ N 68°13′ W.

(3) Exemptions for Lobster pot gear or

alternative fishing practices authorized

by the Assistant Administrator. The

Assistant Administrator may exempt

lobster pot gear or specified fishing

practices from the restrictions and

requirements specified in paragraph

(b)(1) of this section by publishing the

requirements and conditions such gear

must meet or the alternative fishing

practices in the Federal Register.

(4) Additional measures for the

protection of right whales. (i) If a serious

injury or mortality of a northern right

whale occurs in the area and during the

time specified in paragraphs (b)(1) and
16112 Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules and Regulations

(b)(2) of this section, and is conclusively

attributed to lobster pot gear that has

been exempted under paragraph (b)(3)

of this section, the area in paragraph

(b)(2) of this section shall be closed for

the period specified in paragraph (b)(1)

of this section through notification in

the Federal Register until such time as

the Assistant Administrator revises the

requirements and conditions, or

imposes additional requirements and

conditions, or exempts specified

alternative fishing practices in

accordance with paragraph (b)(3) of this

section.

(ii) If a serious injury or mortality of

any endangered whale occurs in any

area and at any time and is conclusively

attributed to gear which is exempt

under paragraph (b)(3) of this section,

NMFS will reassess its exemption of the

gear and may close the area to all lobster

pot fishing through notification in the

Federal Register until such time as the

Assistant Administrator revises the

requirements and conditions, or

imposes additional requirements and

conditions, or exempts specified

alternative fishing practices in

accordance with paragraph (b)(3) of this

section.

[FR Doc. 97–8727 Filed 4–1–97; 4:31 pm]

BILLING CODE 3510–22–P

50 CFR Part 679

[Docket No. 961107312–7021–02; I.D.

033197A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Yellowfin Sole by

Vessels Using Trawl Gear

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Modification of a closure.

SUMMARY: NMFS is opening directed

fishing for the yellowfin sole fishery by

vessels using trawl gear in the Bering

Sea and Aleutian Islands management

area (BSAI). This action is necessary to

fully utilize the first seasonal bycatch

allowance of Pacific halibut apportioned

to the trawl yellowfin sole fishery

category in the BSAI.

EFFECTIVE DATE: 1200 hrs, Alaska local

time (A.l.t.), March 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Andrew N. 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 first seasonal apportionment of

the 1997 halibut bycatch allowance

specified for the trawl yellowfin sole

fishery in the BSAI, which is defined at

§ 679.21(e)(3)(iv)(B)(1), was established

by the Final 1997 Harvest Specifications

of Groundfish for the BSAI (62 FR 7168,

February 18, 1997) as 210 mt. Directed

fishing for yellowfin sole by vessels

using trawl gear in the BSAI was

prohibited on March 22, 1997 (62 FR

14651, March 27, 1997) to prevent

exceeding the first seasonal bycatch

allowance of Pacific halibut apportioned

to that fishery.

The Administrator, Alaska Region,

NMFS, has determined that as of March

22, 1997, 14 metric tons of halibut

mortality remain in the first seasonal

bycatch allowance. Therefore, NMFS is

terminating the previous closure and is

opening directed fishing for yellowfin

sole by vessels using trawl gear in the

BSAI. The second seasonal bycatch

allowance (210 mt) of Pacific halibut

apportioned to the trawl yellowfin sole

fishery category in the BSAI becomes

available on April 1.

All other closures remain in full force

and effect.

Classification

This action is required by 50 CFR

679.20 and is exempt from review under

E.O. 12866.

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

Dated: March 31, 1997.

Gary Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–8565 Filed 3–31–97; 4:29 pm]

BILLING CODE 3510–22–F

50 CFR Part 679

[Docket No. 961126334–7025–02; I.D.

032897B]

Fisheries of the Exclusive Economic

Zone Off Alaska, Pollock in the Eastern

Regulatory Area of the Gulf of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Prohibition of retention.

SUMMARY: NMFS is prohibiting retention

of pollock in the Eastern Regulatory

Area in the Gulf of Alaska (GOA). NMFS

is requiring that catches of pollock in

this area be treated in the same manner

as prohibited species and discarded at

sea with a minimum of injury. This

action is necessary because the pollock

1997 total allowable catch (TAC) in this

area has been reached.

EFFECTIVE DATE: Effective 1200 hrs,

Alaska local time (A.l.t.), March 31,

1997, until 2400 hrs, A.l.t., December

31, 1997.

FOR FURTHER INFORMATION CONTACT:

Thomas Pearson, 907–486–6919.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the GOA exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (FMP) prepared by the North

Pacific Fishery Management Council

under authority of the MagnusonStevens 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 1997 TAC of pollock in the

Eastern Regulatory Area of the GOA was

established by the Final 1997 Harvest

Specifications of Groundfish for the

GOA (62 FR 8179, February 24, 1997) as

5,580 metric tons (mt), determined in

accordance with § 679.20 (c)(3)(ii).

In accordance with § 679.20 (d)(2), the

Administrator, Alaska Region, NMFS

(Regional Administrator), has

determined that the 1997 TAC for

pollock in the Eastern Regulatory Area

has been reached. Therefore, the

Regional Administrator is requiring that

further catches of pollock in the Eastern

Regulatory Area be treated as prohibited

species in accordance with § 679.21 (b).

Classification

This action is required by 50 CFR

679.20 and is exempt from review under

E.O. 12866.

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

Dated: March 31, 1997.

Gary C. Matlock,

Director, Office of Sustainable Fisheries,

National Marine Fisheries Service.

[FR Doc. 97–8566 Filed 3–31–97; 4:29 pm]

BILLING CODE 3510–22–F