39064 Federal Register / Vol. 63, No. 139 /Tuesday, July 21, 1998 / Proposed Rules

provided in paragraph (b) of this

section, no substantive modification,

including withdrawal or suspension, to

the Letter of Authorization issued

pursuant to § 216.106 and subject to the

provisions of this subpart shall be made

until after notice and an opportunity for

public comment.

(b) If the Assistant Administrator

determines that an emergency exists

that poses a significant risk to the wellbeing of the species or stocks of marine

mammals specified in § 216.120(b) or

that significantly and detrimentally

alters the scheduling of launches, a

Letter of Authorization issued pursuant

to § 216.106 may be substantively

modified without a prior notice and an

opportunity for public comment. A

notice will be published in the Federal

Register subsequent to the action.

§ 216.129 [Reserved]

[FR Doc. 98–19392 Filed 7–20–98; 8:45 am]

BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 660

[Docket No. 980714174–8174–01; I.D.

061898B]

RIN 0648–AK60

Fisheries Off West Coast States and in

the Western Pacific; Western Pacific

Precious Corals Fisheries; Amendment

3

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes regulations to

implement Amendment 3 to the Fishery

Management Plan for the Precious

Corals Fisheries of the Western Pacific

Region (FMP). Amendment 3 would

establish framework procedures

enabling management measures to be

established and/or changed via

rulemaking rather than through FMP

amendment. The intent of this action is

to enable the Western Pacific Fishery

Management Council (Council) to

respond quickly to rapid changes in the

Western Pacific precious corals

fisheries.

DATES: Comments on this proposed rule

must be received on or before

September 4, 1998.

ADDRESSES: Comments on this proposed

rule or Amendment 3 should be sent to,

and copies of these documents are

available from, Kitty Simonds,

Executive Director, Western Pacific

Fishery Management Council, 1164

Bishop St., Suite 1400, Honolulu, HI

96813.

FOR FURTHER INFORMATION CONTACT:

Alvin Katekaru, Fishery Management

Specialist, Pacific Islands Area Office,

NMFS at (808) 973–2985 or Kitty

Simonds at (808) 522–8220.

SUPPLEMENTARY INFORMATION: NMFS is

proposing this rule based on a

recommendation of the Council under

the authority of the Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson-Stevens Act). It would

establish framework procedures under

FMP Amendment 3 to enable the

Council and NMFS to change elements

of the management regime governing the

Western Pacific precious corals fisheries

through rulemaking rather than through

FMP amendment. The procedures

would specify how certain new

measures may be established in

response to changes that may occur

rapidly in the fishery, as well as how

established measures (e.g., seasons,

permit requirements, quotas, closures,

area limitations, gear and coral size

restrictions) may be revised without the

Council having to develop and NMFS

implement an FMP amendment. With

the concurrence of the Council, the

Southwest Regional Administrator,

NMFS, would be able to initiate

rulemaking, Each action taken under the

framework process would entail

documentation of the analysis of

impacts of that action. Advance public

notice, public discussion, and

consideration of public comment on

each framework action are required.

Amendment 3 itself describes the

framework procedure in more detail

than the regulatory text of this rule.

On January 14, 1998, a notice of

availability of draft FMP Amendment 3

was published in the Federal Register

(63 FR 2195). The draft included two

actions: Establishment of framework

procedures and inclusion in the

management unit of precious corals in

the exclusive economic zone waters

around the Commonwealth of the

Northern Mariana Islands (CNMI)

(which would have been managed as an

exploratory permit area). The notice also

indicated that the Council staff would

submit the amendment for Secretarial

review only if no substantive or critical

comments were received during a 45-

day public review period. The Council

received substantive comments on the

proposal to manage precious corals in

the waters off CNMI as an exploratory

permit area. However, no comments

were received regarding the proposal to

establish the framework procedures.

Subsequently, Council staff revised

the draft amendment by removing the

CNMI provision, and a new draft was

prepared for Secretarial review. At its

95th meeting held in April 1998, the

Council concurred with the revised

draft amendment.

Framework procedures appear needed

because of present interest in the

harvest of precious corals at the

established coral bed at Makapuu Point,

Oahu, Hawaii, and around the main

Hawaiian Islands. Pre-harvest surveys

conducted in 1997 at the Makapuu bed

indicate this bed to be at least 15

percent larger than it was 12 years ago.

Recruitment of pink coral at the

Makapuu bed is undiminished

compared to 1991; however, recruitment

of gold coral has been very low.

Framework procedures under proposed

FMP Amendment 3 would, for example,

enable the Council to modify the

harvestable size of the Makapuu

precious coral bed or to adjust the quota

on gold coral, if needed, in a timely

manner.

Classification

At this time, NMFS has not

determined that Amendment 3, which

this rule would implement, is consistent

with the national standards of the

Magnuson-Stevens Act and other

applicable laws. NMFS, in making that

determination, will take into account

the data, views, and comments received

during the comment period.

This proposed rule has been

determined to be not significant for the

purposes of E.O. 12866.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

proposed rule, if adopted, would not

have a significant economic impact on

a substantial number of small entities as

follows:

The National Marine Fisheries Service

considers an impact to be significant if

it results in a reduction in annual gross

revenues by more than 5 percent, an

increase in annual compliance costs of

greater than 5 percent, compliance costs

at least 10 percent higher for small

entities than for large entities,

compliance costs that require significant

capital expenditures, or the likelihood

that 2 percent of the small entities

would be forced out of business. NMFS

considers a ‘‘substantial number’’ of

small entities to be more than 20

percent of those small entities affected

by the regulation engaged in the fishery.

Since the proposed action is
Federal Register / Vol. 63, No. 139 /Tuesday, July 21, 1998 / Proposed Rules 39065

administrative, and would only add a

framework procedure to the FMP, this

rule would not result in any new

compliance burdens or in any

significant economic impact on small

entities. As a result, a regulatory

flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 660

Administrative practice and

procedure, American Samoa, Fisheries,

Fishing, Guam, Hawaiian Natives,

Indians, Northern Mariana Islands,

Reporting and recordkeeping

requirements.

Dated: July 15, 1998.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 660 is proposed

to be amended as follows:

PART 660—FISHERIES OFF WEST

COAST STATES AND IN THE

WESTERN PACIFIC

1. The authority citation for part 660

continues to read as follows:

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

2. A new § 660.89 is added to Subpart

F to read as follows:

§ 660.89 Framework procedures.

(a) Introduction. Established

management measures may be revised

and new management measures may be

established and/or revised through

rulemaking if new information

demonstrates that there are biological,

social, or economic concerns in the

precious coral permit area. The

following framework process authorizes

the establishment and revision of

measures that may affect the operation

of the fisheries, gear, quotas, season, or

changes in catch and/or effort.

(b) Annual report. By June 30 of each

year, the Council-appointed Precious

Coral Team will prepare an annual

report on the fisheries in the

management area. The report shall

contain, among other things,

recommendations for Council action

and an assessment of the urgency and

effects of such action(s).

(c) Procedure for established

measures. (1) Established measures are

management measures that, at some

time, have been included in regulations

implementing the FMP, and for which

the impacts have been evaluated in

Council/NMFS documents in the

context of current conditions.

(2) According to the framework

procedures of Amendment 3 to the

FMP, the Council may recommend to

the Regional Administrator that

established measures be modified,

removed, or re-instituted. Such

recommendation shall include

supporting rationale and analysis, and

shall be made after advance public

notice, public discussion, and

consideration of public comment.

NMFS may implement the Council’s

recommendation by rulemaking if

approved by the Regional

Administrator.

(d) Procedure for new measures. (1)

New measures are management

measures that have not been included in

regulations implementing the FMP, or

for which the impacts have not been

evaluated in Council/NMFS documents

in the context of current conditions.

(2) Following the framework

procedures of Amendment 3 to the

FMP, the Council will publicize,

including by a Federal Register

document, and solicit public comment

on, any proposed new management

measure. After a Council meeting at

which the measure is discussed, the

Council will consider recommendations

and prepare a Federal Register

document summarizing the Council’s

deliberations, rationale, and analysis for

the preferred action, and the time and

place for any subsequent Council

meeting(s) to consider the new measure.

At a subsequent public meeting, the

Council will consider public comments

and other information received before

making a recommendation to the

Regional Administrator about any new

measure. If approved by the Regional

Administrator, NMFS may implement

the Council’s recommendation by final

rulemaking, in some instances, or if

circumstances warrant, by proposed and

final rulemaking.

[FR Doc. 98–19391 Filed 7–20–98; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 980702167–8167–01; I.D.

051898A]

RIN 0648–AK73

Fisheries of the Exclusive Economic

Zone Off Alaska; Stand Down

Requirements for Trawl Catcher

Vessels Transiting Between the Bering

Sea and Gulf of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes regulations to

implement a stand down requirement

for trawl catcher vessels transiting

between the Bering Sea and Aleutian

Islands Management Area (BSAI) and

Gulf of Alaska (GOA). This action is

necessary to prevent unexpected shifts

of fishing effort between BSAI and GOA

fisheries that cause management

problems and can lead to overharvests

of total allowable catch (TAC) in the

Western and Central (W/C) Regulatory

Areas of the GOA. This action is

intended to further the goals and

objectives of the Fishery Management

Plan for Groundfish of the Gulf of

Alaska and the Fishery Management

Plan for the Groundfish Fishery of the

Bering Sea and Aleutian Islands Area

(FMPs).

DATES: Comments on the proposed rule

must be received no later than August

20, 1998.

ADDRESSES: Comments may be sent to

Sue Salveson, Assistant Regional

Administrator for Sustainable Fisheries,

Alaska Region, NMFS, P.O. Box 21668,

Juneau, AK 99802, Attn: Lori J. Gravel,

or delivered to the Federal Building, 709

West 9th Street, Juneau, AK. Copies of

the Environmental Assessment/

Regulatory Impact Review/Initial

Regulatory Flexibility Analysis (EA/

RIR/IRFA) prepared for this action are

available from NMFS at the same

address, or by calling the Alaska Region,

NMFS, at 907–586–7228.

FOR FURTHER INFORMATION CONTACT: Kent

Lind, 907–586–7228 or

kent.lind@noaa.gov.

SUPPLEMENTARY INFORMATION: The

groundfish fisheries off Alaska are

managed by NMFS under the FMPs. The

FMPs were prepared by the North

Pacific Fishery Management Council

(Council) under the Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson-Stevens Act). Federal

regulations governing the groundfish

fisheries appear at 50 CFR parts 600 and

679.

Background and Need for Action

In recent years, management of the

inshore pollock and Pacific cod fisheries

of the W/C Regulatory Areas of the GOA

has become increasingly difficult and

the risk of harvest overruns has grown

due to TAC amounts that are small

relative to the potential fishing effort.

The problem has been most acute in the

Western Regulatory Area of the GOA

due to the constant potential that

numerous large catcher vessels based in

the Bering Sea could cross into the GOA