38298 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations

(b) An owner/operator holding at least a

private pilot certificate as authorized by

section 43.7 of the Federal Aviation

Regulations (14 CFR 43.7) can accomplish

paragraph (a) required by this AD, and must

enter the accomplished action into the

aircraft records showing compliance with

this AD in accordance with section 43.9 of

the Federal Aviation Regulations (14 CFR

43.9).

(c) For Raytheon Models C90A, B200, and

B300 airplanes that were manufactured on

January 1, 1994, and after: within the next

200 hours time-in-service (TIS) after the

effective date of this AD, replace the MIL–H–

6000B fuel hoses in accordance with PART

I of the ACCOMPLISHMENT

INSTRUCTIONS section of Raytheon SB No.

2718, Rev. 1, Issued: January, 1997, Revised:

June, 1997.

(d) As of the effective date of this AD, no

person shall install a rubber fuel hose having

spiral or diagonal external wrap with a 3⁄8-

inch-wide red or orange-red, length-wise

stripe running down the side of the hose,

with the manufacturer’s code, 94519, printed

periodically along the line in red letters on

any of the affected airplanes.

(e) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(f) An alternative method of compliance or

adjustment of the compliance times that

provides an equivalent level of safety may be

approved by the Manager, Wichita Aircraft

Certification Office, Room 100, 1801 Airport

Rd., Wichita, Kansas 67209. The request shall

be forwarded through an appropriate FAA

Maintenance Inspector, who may add

comments and then send it to the Manager,

Wichita Aircraft Certification Office.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Wichita Aircraft

Certification Office.

(g) The inspection and replacement

required by this AD shall be done in

accordance with Raytheon Aircraft

Mandatory Service Bulletin No. 2718, Rev. 1,

Issued: January, 1997; Revised: June, 1997.

This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51. Copies may be obtained

from to Raytheon Aircraft Company, P.O. Box

85, Wichita, Kansas 67201–0085. Copies may

be inspected at the FAA, Central Region,

Office of the Regional Counsel, Room 1558,

601 E. 12th Street, Kansas City, Missouri, or

at the Office of the Federal Register, 800

North Capitol Street, NW, suite 700,

Washington, DC.

(h) This amendment becomes effective on

August 28, 1998.

Issued in Kansas City, Missouri, on July 9,

1998.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 98–18868 Filed 7–15–98; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 902

50 CFR Part 622

[Docket No. 971128281–8165–02; I.D.

102197D]

RIN 0648–AG27

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern

Atlantic States; Golden Crab Fishery

Off the Southern Atlantic States;

Amendment 8; OMB Control Numbers

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement the approved measures in

Amendment 8 to the Fishery

Management Plan for the SnapperGrouper Fishery of the South Atlantic

Region (FMP). This final rule limits

access to the commercial snappergrouper fishery; allows the retention of

snapper-grouper in excess of the bag

limits on a permitted vessel that has a

single bait net or cast nets on board;

and, subject to specific conditions,

exempts snapper-grouper lawfully

harvested in Bahamian waters from the

requirement that they be maintained on

board a vessel in the exclusive

economic zone (EEZ) of the South

Atlantic with head and fins intact. This

final rule also corrects the regulations

for golden crab. Finally, NMFS informs

the public of the approval by the Office

of Management and Budget (OMB) of

the collection-of-information

requirements contained in this rule,

publishes the OMB control number for

these collections, and corrects the list of

control numbers applicable to title 50 of

the Code of Federal Regulations. The

intended effects of this rule are to

conserve and manage the snappergrouper resources off the southern

Atlantic states.

DATES: This final rule is effective August

17, 1998, except that the amendments to

15 CFR 902.1(b), 50 CFR 622.4(g),

622.7(b), and 622.40(b)(3)(ii)(B), and the

addition of § 622.18 to subpart B are

effective July 16, 1998, and the

amendments to § 622.4(a)(2)(vi) and

§ 622.44 introductory text and the

revision of § 622.44(c) are effective

December 14, 1998.

ADDRESSES: Copies of the final

regulatory flexibility analysis (FRFA)

may be obtained from the Southeast

Regional Office, NMFS, 9721 Executive

Center Drive N., St. Petersburg, FL

33702. Comments regarding the

collection-of-information requirements

contained in this rule should be sent to

Edward E. Burgess, Southeast Regional

Office, NMFS, 9721 Executive Center

Drive N., St. Petersburg, FL 33702, and

to the Office of Management and Budget

(OMB), Washington, DC 20503

(Attention: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT:

Peter Eldridge, 813–570–5305.

SUPPLEMENTARY INFORMATION: The

snapper-grouper fishery off the southern

Atlantic states is managed under the

FMP. The FMP was prepared by the

South Atlantic Fishery Management

Council (Council) and is implemented

under the authority of the MagnusonStevens Fishery Conservation and

Management Act (Magnuson-Stevens

Act) by regulations at 50 CFR part 622.

On October 30, 1997, NMFS

announced the availability of

Amendment 8 and requested comments

on the amendment (62 FR 58703). On

January 12, 1998, NMFS published a

proposed rule to implement the

measures in Amendment 8 and

additional measures proposed by NMFS

and requested comments on the rule (63

FR 1813). The background and rationale

for the measures in the amendment and

proposed rule, including a detailed

explanation of the limited access

program and key dates, are contained in

the preamble to the proposed rule and

are not repeated here. On January 28,

1998, after considering the comments

received on the amendment and

proposed rule, NMFS partially approved

Amendment 8. Revised definitions of

‘‘overfishing,’’ ‘‘overfished,’’ and of

‘‘threshold level’’ were disapproved.

Definitions of Overfishing, Overfished,

and Threshold Level

NMFS disapproved the revised

definitions of overfished/overfishing

and the threshold criterion for all

snapper-grouper species because they

were inconsistent with the MagnusonStevens Act requirement to prevent

overfishing. Specifically, reducing the

overfished/overfishing definitions from

the 30-percent to the 20-percent level of

the spawning potential ratio (SPR) could

allow a higher level of fishing mortality

that would jeopardize the capacity of

the fisheries to produce maximum

sustainable yield (MSY) on a continuing

basis. Retention of the overfished/

overfishing definitions at the 30-percent

SPR level is more risk averse and more

likely to assure the attainment of MSY

on a continuing basis. The SPR Strategy
Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations 38299

Committee advised the Council that the

best estimate of OY for snapper-grouper

species lies between 30 and 40 percent

SPR. This advice constitutes the best

scientific information available at this

time.

The proposed overfishing threshold of

10 percent SPR was disapproved

because it is inconsistent with the

Magnuson-Stevens Act requirement to

maintain a stock size that has the

capacity to produce MSY on a

continuing basis. Since the MSY level

for species in the snapper-grouper

complex is at least 30 percent SPR, the

10-percent criterion would be too low.

Thus, the 10-percent criterion was

disapproved because it was not

consistent with national standard 1.

Comments and Responses

Comments on Amendment 8 and on

the proposed rule were received from

the Council and 11 individuals.

Comment: The Council reiterated its

support for Amendment 8 and stated

that it did not understand why NMFS

disapproved the threshold level.

Response: NMFS agrees with the

Council on the approved measures of

Amendment 8. The proposed

overfishing threshold of 10 percent SPR

was disapproved because it is

inconsistent with the Magnuson-Stevens

Act requirement to maintain a stock size

that has the capacity to produce MSY on

a continuing basis.

Comment: One fisherman stated that

he wanted snapper-grouper landings

from Gulf statistical area number 2 to be

included for eligibility purposes.

Response: Amendment 8 allows

landings from Gulf statistical area

number 2 to be included for eligibility

purposes, provided these landings were

harvested, landed, and sold in

compliance with all state and Federal

regulations.

Comment: Six individuals, who did

not meet the criterion of having a

Federal snapper-grouper permit during

the period February 11, 1996, through

February 11, 1997, oppose this criterion

for the limited access program. They

believe that all currently permitted

vessels should be allowed to remain in

the fishery.

Response: NMFS disagrees with these

comments for the following reasons.

The average number of permitted

vessels between 1993 and 1996 has been

approximately 2,100 vessels. Of these,

over 1,200 did not report any landings

of snapper-grouper species. It appears

that many vessel owners obtained

snapper-grouper permits for speculative

purposes.

On July 30, 1991, a notice of control

date for entry into the snapper-grouper

fishery was published in the Federal

Register (56 FR 36052). This notice

announced that anyone entering the

snapper-grouper fishery in the EEZ off

the South Atlantic states after July 30,

1991 (control date), may not be assured

of future access to the fishery if a

management regime is developed and

implemented. Since that time, NMFS

and the South Atlantic Council have

informed the public on several

occasions that entry to the fishery could

be limited. The purpose of these

announcements was to discourage new

entry into the fishery based on

economic speculation.

After extensive analysis, the Council

concluded that the size and capacity of

the fleet have increased significantly in

recent years. Presently, there is

excessive harvesting capacity in the

fishery. The Council concluded that any

gains from conservation measures

would lead to new entries into the

fishery, which would negate the

positive impacts of conservation

measures. In addition, the entry of new

vessels would lead to gear and area

conflicts as more vessels competed for

available resources on the same fishing

grounds.

The Council and NMFS believe that

limiting participation to those vessels

that held a permit between February 11,

1996, and February 11, 1997, will

stabilize the number of vessels in the

fishery. Further, the two-for-one transfer

provision will reduce the number of

vessels to the level that the resource can

sustain. In summary, this measure will

promote orderly utilization of the

resource, promote stability in the fishery

and facilitate long-term planning,

minimize gear and area conflicts among

fishermen, and decrease incentives for

overcapitalization. Thus, NMFS

supports the limited access program.

Comment: One individual believes

everyone has a right to fish snappergrouper commercially.

Response: The snapper-grouper

resources belong to all citizens of the

United States, including future

generations. The Magnuson-Stevens Act

directs that overfishing be prevented

while achieving, on a continuing basis,

the OY from each fishery. Further, the

Magnuson-Stevens Act directs that

overfished stocks be rebuilt. Given these

statutory mandates and the fragile

nature of the snapper-grouper resource,

not everyone will be allowed to fish

commercially. In fact, fishing pressure

must be reduced substantially to rebuild

currently overfished species in the

snapper-grouper management unit

within statutory time frames.

Comment: Two individuals, who will

qualify for a trip-related commercial

permit, oppose the provision that a

replacement vessel shall be equal to or

less than the size (length and gross

tonnage) of the replaced vessel.

Response: Although the Council is

allowing low-volume fishermen to

continue to fish, it does not want these

fishermen to add to the overfishing

problem. If low volume fishermen were

allowed to increase the size or capacity

of their vessel, they would increase the

fishing power of the vessel which could

lead to greater catches, thereby

exacerbating the overfishing problem in

the fishery. The comments do not

provide substantive information that

would provide a basis for disapproval of

this provision. NMFS, therefore,

disagrees with the comments and has

approved this provision.

Delayed Effectiveness for Commercial

Trip Limits

The revisions to the commercial trip

limits in § 622.44 introductory text and

paragraph (c) are made effective

December 14, 1998 to avoid differential

regulatory effects on permittees based

solely on their birth month (date of

permit expiration) and to minimize

administrative problems related to

permit issuance. December 14, 1998 is

the date that limited access permits are

required and that prior snapper-grouper

commercial permits are no longer valid.

If the commercial trip limits were

effective prior to that date, permittees

whose permits expire before that date

and who would be eligible only for a

trip-limited permit would be forced to

obtain the trip-limited permit and to be

constrained by the associated

commercial trip limit. However, such

permittees whose permits would not

expire by that date could continue to

fish until that date with their existing

commercial permits and without a

commercial trip limit. This differential

regulatory impact based solely on birth

month (permit expiration date) is

undesirable. Also, it is likely that this

group of permittees would defer

application for a limited access (triplimited) permit as long as possible, thus

impeding orderly issuance of such

permits.

Changes From the Proposed Rule

In § 622.4(a)(2)(vi), the proposed

language regarding the terms

‘‘transferable commercial permit’’ and

‘‘trip-limited commercial permit’’ was

determined to be unnecessary and was

removed because the existing term,

‘‘commercial vessel permit’’ is adequate.

The requirement to have either a

transferable commercial permit or a triplimited commercial permit is addressed

specifically in § 622.18(a).
38300 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations

Minor editorial revisions are made in

§§ 622.4(g) and 622.7(b) to conform to

revisions implemented by the final rule

for Amendment 15 to the Fishery

Management Plan for the Reef Fish

Resources of the Gulf of Mexico (62 FR

67714, December 30, 1997), which

occurred after publication of the

proposed rule for snapper-grouper

Amendment 8.

In § 622.18 of the proposed rule,

minor editorial changes were made in

paragraph (b) to improve clarity.

Further, the language in paragraph

(d)(2)(iv) was inadvertently duplicated

in paragraph (d)(3)(ii). In this final rule,

§ 622.18(d)(3)(ii) is removed, and

§ 622.18(d)(3)(iii) is redesignated as

§ 622.18(d)(3)(ii) to eliminate the

redundancy and reorder the section.

In § 622.41 of the proposed rule, the

headings of paragraphs (d)(3), (d)(4),

and (d)(5) were revised to reflect more

accurately the effect of the paragraphs,

and minor editorial revisions to those

paragraphs were made to state the

provisions more concisely.

NMFS is also making a technical

amendment to § 622.40(b)(3)(ii)(B),

which was not included in the proposed

rule. This technical amendment revises

a phrase that did not appropriately

express the intent of the Fishery

Management Plan for the Golden Crab

Fishery of the South Atlantic Region.

Specifically, the phrase ‘‘hinges and

fasteners’’ is revised to read ‘‘hinges or

fasteners.’’ The effect is that either

hinges or fasteners must be constructed

of degradable materials; the prior

existing regulatory language incorrectly

required both hinges and fasteners to be

degradable.

Under NOAA Administrative Order

205–11, 7.01, dated December 17, 1990,

the Under Secretary for Oceans and

Atmosphere, Department of Commerce,

has delegated authority to sign material

for publication in the Federal Register

to the Assistant Administrator for

Fisheries, NOAA (AA).

Classification

The Regional Administrator,

Southeast Region, NMFS, with the

concurrence of the AA, determined that

the approved measures of Amendment 8

are necessary for the conservation and

management of the snapper-grouper

fishery off the southern Atlantic states

and that, with the exception of the

measures that were not approved,

Amendment 8 is consistent with the

Magnuson-Stevens Act and other

applicable law.

This final rule has been determined to

be not significant for purposes of E.O.

12866.

NMFS prepared a FRFA based on an

initial regulatory flexibility analysis

(IRFA). No public comments were

received on the IRFA and no other

information was received that would

alter the IRFA conclusions. Also, the

disapproval of certain amendment

measures did not result in changes to

the final rule compared to the proposed

rule. For these reasons, the FRFA adopts

the analyses and findings of the IRFA

without change. The FRFA concludes

that a significant economic impact on a

substantial number of small entities will

result from implementation of

Amendment 8. A summary of the FRFA

follows.

The rule is based largely on the need

to resolve overcapitalization problems

in the fishery; the Council is revising

the existing permit system to cap the

number of participants in the fishery

and to follow that with future actions to

control the level of overall effort and

catch. Other actions in the rule allow

fishermen to catch bait with nets and

also exempt recreational fishermen from

the requirement to land snapper-grouper

species with the head and fins intact if

the fish were caught legally in

Bahamian waters and the fisherman

does not fish in the EEZ. The rule will

affect about 2,500 commercial snappergrouper fishermen who operate vessels

and equipment worth from $53,000 to

$237,000 per operation. A number of

these operations land only a minor

amount of the snapper-grouper species,

and this is indicated by the observation

that average annual snapper-grouper

landings per vessel are valued at about

$6,200. The rule contains three new,

minor data collection requirements that

can be met by the fishermen without the

need for additional reporting or

recordkeeping skills. The Council

considered a number of alternatives to

the proposed options and, in all cases,

rejected the status quo because the

objectives of the rule would not be met.

The options considered ranged from

options that would create only slight

changes relative to the status quo to

options that would meet the objectives,

but only at the cost of a considerable

negative economic impact on existing

fishermen. The Council chose the

preferred options on the basis that

progress toward the objectives would be

made without imposing excessive

negative impacts on existing small

business entities.

Copies of the FRFA are available (see

ADDRESSES).

Notwithstanding any other provision

of law, no person is required to respond

to nor shall a person be subject to a

penalty for failure to comply with a

collection of information subject to the

requirements of the Paperwork

Reduction Act (PRA) unless that

collection of information displays a

currently valid OMB control number.

This rule contains three new, onetime collection-of-information

requirements subject to the PRA—

namely, the submission of applications

for limited access commercial permits

for snapper-grouper, reconsideration of

determinations that applicants are not

eligible for initial limited access

commercial permits, and submission of

contracts that provide for transfers of

rights to limited access commercial

permits. These requirements have been

approved by OMB under OMB control

number 0648–0340. The public

reporting burdens for these collections

of information are estimated at 20, 45,

and 15 minutes per response,

respectively, including the time for

reviewing instructions, searching

existing data sources, gathering and

maintaining the data needed, and

completing and reviewing the

collections of information. Send

comments regarding these burden

estimates or any other aspects of the

collections of information, including

suggestions for reducing the burden, to

NMFS and OMB (see ADDRESSES).

Timely and orderly implementation of

the new limited access program for

South Atlantic snapper-grouper requires

that § 622.18 and related provisions in

§§ 622.4(g) and 622.7(b) be made

effective as soon as possible, i.e., July

16, 1998. Section 622.18 deals

exclusively with the administrative and

operational aspects of the limited access

program. The provisions of § 622.18

outline numerous deadlines for actions

by persons seeking to obtain a limited

access permit, criteria for permit

eligibility, and administrative actions by

NMFS that must precede actions by a

permit applicant. These permit-related

provisions are interrelated. To ensure

adequate time for NMFS to perform

prerequisite actions, such as

determination of eligibility and

notification of owners, to provide a

reasonable amount of time for

applicants to respond as required by the

provisions of Amendment 8 and this

rule, and to assure orderly

implementation of the limited access

program, § 622.18 must be made

effective as soon as possible. Similarly,

the provisions related to permit

transferability in § 622.4(g), the

prohibition on falsifying information on

a permit application in § 622.7(b), and

the OMB control numbers for the three

new, one-time collection-of-information

requirements contained in 15 CFR

902.1(b) are directly related to the initial

implementation of the limited access
Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations 38301

program and must also be made

effective as soon as possible. Under 5

U.S.C. 553(d)(3), the AA, for good cause,

finds that it would be unnecessary and

contrary to the public interest to delay

for 30 days the effective date of the

amendments to §§ 622.4(g), 622.7(b),

622.18, and 15 CFR 902.1(b).

List of Subjects

15 CFR Part 902

Reporting and recordkeeping

requirements.

50 CFR Part 622

Fisheries, Fishing, Puerto Rico,

Reporting and recordkeeping

requirements, Virgin Islands.

Dated: July 10, 1998.

David L. Evans,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 15 CFR part 902 and 50 CFR

part 622 are amended as follows:

15 CFR CHAPTER IX

PART 902—NOAA INFORMATION

COLLECTION REQUIREMENTS UNDER

THE PAPERWORK REDUCTION ACT:

OMB CONTROL NUMBERS

1. The authority citation for part 902

continues to read as follows:

Authority: 44 U.S.C. 3501 et seq.

2. Effective July 16, 1998, in § 902.1,

paragraph (b) table, under 50 CFR, the

following entry is added in numerical

order to read as follows:

§ 902.1 OMB control numbers assigned

pursuant to the Paperwork Reduction Act.

* * * * *

(b) * * *

CFR part or section where

the information collection requirement is located

Current OMB

control number (all numbers begin

with 0648–)

* * * * *

50 CFR

* * * * *

622.18 ............................... –0340

* * * * *

50 CFR Chapter VI

PART 622—FISHERIES OF THE

CARIBBEAN, GULF, AND SOUTH

ATLANTIC

3. The authority citation for part 622

continues to read as follows:

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

4. Effective December 14, 1998, in

§ 622.4, the last sentence of paragraph

(a)(2)(vi) is revised to read as follows:

§ 622.4 Permits and fees.

(a) * * *

(2) * * *

(vi) * * * See § 622.18 for limitations

on the use, transfer, and renewal of a

commercial vessel permit for South

Atlantic snapper-grouper.

* * * * *

5. Effective July 16, 1998, in § 622.4,

the first sentence of paragraph (g) is

revised to read as follows:

§ 622.4 Permits and fees.

* * * * *

(g) Transfer. A vessel permit, license,

or endorsement or dealer permit issued

under this section is not transferable or

assignable, except as provided in

paragraph (m) of this section for a

commercial vessel permit for Gulf reef

fish, in paragraph (n) of this section for

a fish trap endorsement, in paragraph

(p) of this section for a red snapper

license, in paragraph (q) of this section

for a king mackerel permit, in § 622.17(i)

for a commercial vessel permit for

golden crab, or in § 622.18(e) for a

commercial vessel permit for South

Atlantic snapper-grouper. * * *

* * * * *

6. Effective July 16, 1998, in § 622.7,

paragraph (b) is revised to read as

follows:

§ 622.7 Prohibitions.

* * * * *

(b) Falsify information on an

application for a permit, license, or

endorsement or submitted in support of

such application, as specified in

§ 622.4(b), (g), (p), or (q), or in § 622.17,

or in § 622.18.

* * * * *

7. Effective July 16, 1998, § 622.18 is

added to subpart B to read as follows:

§ 622.18 South Atlantic snapper-grouper

limited access.

(a) Applicability. Beginning December

14, 1998, the only valid commercial

vessel permits for South Atlantic

snapper-grouper are those that have

been issued under the limited access

criteria in this section. A vessel may

have either a transferable commercial

permit or a trip-limited commercial

permit for South Atlantic snappergrouper.

(b) Initial eligibility. A vessel is

eligible for an initial limited access

commercial permit for South Atlantic

snapper-grouper if the owner owned a

vessel with a commercial vessel permit

for South Atlantic snapper-grouper at

any time from February 11, 1996,

through February 11, 1997, and owned

a permitted vessel that had at least one

landing of snapper-grouper from the

South Atlantic from January 1, 1993,

through August 20, 1996, as reported on

fishing vessel logbooks received by the

SRD on or before August 20, 1996. An

owner whose permitted vessels had

landings of snapper-grouper from the

South Atlantic of at least 1,000 lb (453.6

kg), whole weight, in any one of the

years 1993, 1994, or 1995, or in 1996

through August 20, as reported on

fishing vessel logbooks received by the

SRD on or before August 20, 1996, is

eligible for an initial transferable permit.

All other qualifying owners are eligible

for an initial trip-limited permit.

(c) Determinations of eligibility—(1)

Permit history. The sole basis for

determining whether a vessel had a

commercial vessel permit for South

Atlantic snapper-grouper at any time

from February 11, 1996, through

February 11, 1997, is NMFS’ permit

records. An owner of a currently

permitted vessel who believes he/she

meets the February 11, 1996, through

February 11, 1997, permit history

criterion based on ownership of a vessel

under a different name, as may have

occurred when ownership has changed

from individual to corporate or vice

versa, must document his/her

continuity of ownership. No more than

one owner of a currently permitted

vessel will be credited with meeting the

permit history criterion based on a

vessel’s permit history.

(2) Landings. (i) Landings of snappergrouper from the South Atlantic during

the qualifying period are determined

from fishing vessel logbooks received by

the SRD on or before August 20, 1996.

State trip ticket data may be considered

in support of claimed landings provided

such trip ticket data were received by

the state on or before September 20,

1996.

(ii) Only landings when a vessel had

a valid commercial permit for snappergrouper and only landings that were

harvested, landed, and sold in

compliance with state and Federal

regulations may be used to establish

eligibility.

(iii) For the purpose of eligibility for

a limited access commercial permit for

snapper-grouper, the owner of a vessel

that had a commercial snapper-grouper

permit during the qualifying period

retains the snapper-grouper landings

record of that vessel during the time of

his/her ownership unless a sale of the

vessel included a written agreement that

credit for such landings was transferred

to the new owner. Such transfer of

credit must be for the vessel’s entire
38302 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations

record of landings of snapper-grouper

from the South Atlantic.

(d) Implementation procedures—(1)

Notification of status. On or about July

27, 1998, the RD will notify each owner

of a vessel that had a commercial permit

for South Atlantic snapper-grouper at

any time from February 11, 1996,

through February 11, 1997, and each

owner of a vessel that has a commercial

permit for South Atlantic snappergrouper on July 16, 1998, of NMFS’

initial determination of eligibility for

either a transferable or a trip-limited,

limited access commercial permit for

South Atlantic snapper-grouper. Each

notification will include an application

for such permit. Addresses for such

notifications will be based on NMFS’

permit records. A vessel owner who

believes he/she qualifies for a limited

access commercial permit for South

Atlantic snapper-grouper and who does

not receive such notification must

obtain an application from the RD.

(2) Applications. (i) An owner of a

vessel who desires a limited access

commercial permit for South Atlantic

snapper-grouper must submit an

application for such permit postmarked

or hand-delivered not later than October

14, 1998. Failure to apply in a timely

manner will preclude permit issuance

even when the vessel owner meets the

eligibility criteria for such permit.

(ii) A vessel owner who agrees with

NMFS’ initial determination of

eligibility, including type of permit

(transferable or trip-limited), need

provide no documentation of eligibility

with his/her application.

(iii) A vessel owner who disagrees

with the initial determination of

eligibility or type of permit must specify

the type of permit applied for and

provide documentation of eligibility.

Documentation and other information

submitted on or with an application are

subject to verification by comparison

with state, Federal, and other records

and information. Submission of false

documentation or information may

disqualify an owner from initial

participation in the limited access

commercial South Atlantic snappergrouper fishery and is a violation of the

regulations in this part.

(iv) If an application that is

postmarked or hand delivered in a

timely manner is incomplete, the RD

will notify the vessel owner of the

deficiency. If the owner fails to correct

the deficiency within 20 days of the

date of the RD’s notification, the

application will be considered

abandoned.

(3) Issuance. (i) If a complete

application is submitted in a timely

manner and the eligibility requirements

specified in paragraph (b) of this section

are met, the RD will issue an initial

commercial vessel permit, transferable

or trip-limited, as appropriate, and mail

it to the vessel owner not later than

December 3, 1998.

(ii) If the eligibility requirements

specified in paragraph (b) of this section

are not met, the RD will notify the

vessel owner, in writing, not later than

November 13, 1998 of such

determination and the reasons for it.

(4) Reconsideration. (i) A vessel

owner may request reconsideration of

the RD’s determination regarding initial

permit eligibility by submitting a

written request for reconsideration to

the RD. Such request must be

postmarked or hand delivered within 20

days of the date of the RD’s notification

denying initial permit issuance and

must provide written documentation

supporting permit eligibility.

(ii) Upon receipt of a request for

reconsideration, the RD will forward the

initial application, the RD’s response to

that application, the request for

reconsideration, and pertinent records

to an Application Oversight Board

consisting of state directors (or their

designees) from each state in the

Council’s area of jurisdiction. Upon

request, a vessel owner may make a

personal appearance before the

Application Oversight Board.

(iii) If reconsideration by the

Application Oversight Board is

requested, such request constitutes the

vessel owner’s written authorization

under section 402(b)(1)(F) of the

Magnuson-Stevens Act for the RD to

make available to the Application

Oversight Board members such

confidential catch and other records as

are pertinent to the matter under

reconsideration.

(iv) The Application Oversight Board

may only deliberate whether the

eligibility criteria specified in paragraph

(b) of this section were applied correctly

in the vessel owner’s case, based solely

on the available record, including

documentation submitted by the owner.

The Application Oversight Board may

not consider whether an owner should

have been eligible for a commercial

vessel permit because of hardship or

other factors. The Application Oversight

Board members will provide individual

recommendations for each application

for reconsideration to the RD.

(v) The RD will make a final decision

based on the eligibility criteria specified

in paragraph (b) of this section and the

available record, including

documentation submitted by the vessel

owner, and the recommendations and

comments from members of the

Application Oversight Board. The RD

may not consider whether a vessel

owner should have been eligible for a

commercial vessel permit because of

hardship or other factors. The RD will

notify the owner of the decision and the

reason for it, in writing, within 15 days

of receiving the recommendations from

the Application Oversight Board

members. The RD’s decision will

constitute the final administrative

action by NMFS.

(e) Transfers of permits. A snappergrouper limited access permit is valid

only for the vessel and owner named on

the permit. To change either the vessel

or the owner, an application for transfer

must be submitted to the RD.

(1) Transferable permits. (i) An owner

of a vessel with a transferable permit

may request that the RD transfer the

permit to another vessel owned by the

same entity.

(ii) A transferable permit may be

transferred upon a change of ownership

of a permitted vessel with such permit

from one to another of the following:

Husband, wife, son, daughter, brother,

sister, mother, or father.

(iii) A transferable permit may be

transferred to a vessel whose owner had,

as of August 20, 1996, a written contract

for the purchase of a vessel that

included a provision transferring to the

new owner the rights to any limited

access permit to which the former

owner might become entitled under the

provisions for initial issue of limited

access permits. To be considered, any

such written contract must be submitted

to the RD postmarked or hand-delivered

on or before December 14, 1998.

(iv) Except as provided in paragraphs

(e)(1)(i), (ii), and (iii) of this section, a

person desiring to acquire a limited

access, transferable permit for South

Atlantic snapper-grouper must obtain

and exchange two such permits for one

new permit.

(v) A transfer of a permit that is

undertaken under paragraph (e)(1)(ii),

(e)(1)(iii), or (e)(1)(iv) of this section will

constitute a transfer of the vessel’s

entire catch history to the new owner.

(2) Trip-limited permits. An owner of

a vessel with a trip-limited permit may

request that the RD transfer the permit

to another vessel owned by the same

entity provided the length and gross

tonnage of the replacement vessel are

equal to or less than the length and

gross tonnage of the replaced vessel.

(f) Renewal. NMFS will not reissue a

commercial vessel permit for South

Atlantic snapper-grouper if the permit is

revoked or if the RD does not receive an

application for renewal within 60 days

of the permit’s expiration date.
Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations 38303

8. In § 622.38, paragraph (a) is revised

and paragraph (i) is added to read as

follows:

§ 622.38 Landing fish intact.

* * * * *

(a) The following must be maintained

with head and fins intact: Cobia, king

mackerel, and Spanish mackerel in or

from the Gulf, Mid-Atlantic, or South

Atlantic EEZ, except as specified for

king mackerel in paragraph (h) of this

section; South Atlantic snapper-grouper

in or from the South Atlantic EEZ,

except as specified in paragraphs (e) and

(i) of this section; yellowtail snapper in

or from the Caribbean EEZ; and finfish

in or from the Gulf EEZ, except as

specified in paragraphs (c) and (d) of

this section. Such fish may be

eviscerated, gilled, and scaled, but must

otherwise be maintained in a whole

condition.

* * * * *

(i) In the South Atlantic EEZ, snappergrouper lawfully harvested in Bahamian

waters are exempt from the requirement

that they be maintained with head and

fins intact, provided valid Bahamian

fishing and cruising permits are on

board the vessel and the vessel is in

transit through the South Atlantic EEZ.

For the purpose of this paragraph (i), a

vessel is in transit through the South

Atlantic EEZ when it is on a direct and

continuous course through the South

Atlantic EEZ and no one aboard the

vessel fishes in the EEZ.

9. In § 622.39, paragraph (a)(3) is

added to read as follows:

§ 622.39 Bag and possession limits.

(a) * * *

(3) Paragraph (a)(1) of this section

notwithstanding, the bag and other

limits specified in § 622.35(b) apply for

South Atlantic snapper-grouper in or

from the EEZ to a person aboard a vessel

for which a commercial permit for

South Atlantic snapper-grouper has

been issued that has on board a longline

in the longline closed area.

* * * * *

10. Effective July 16, 1998, in

§ 622.40(b)(3)(ii)(B), the last sentence is

revised to read as follows:

§ 622.40 Limitations on traps and pots.

* * * * *

(b) * * *

(3) * * *

(ii) * * *

(B) * * * The hinges or fasteners of

such door or panel must be made of

either ungalvanized or uncoated iron

wire no larger than 19 gauge (0.04 inch

(1.0 mm) in diameter) or untreated

cotton string no larger than 3⁄16 inch (4.8

mm) in diameter.

* * * * *

11. In § 622.41, paragraph (d)(2)(ii)

introductory text and paragraph (d)(3)

are revised and paragraphs (d)(4) and

(d)(5) are added to read as follows:

§ 622.41 Species specific limitations.

* * * * *

(d) * * *

(2) * * *

(ii) Except as specified in paragraphs

(d)(3) through (d)(5) of this section, a

person aboard a vessel with

unauthorized gear on board, other than

trawl gear, that fishes in the EEZ on a

trip is limited on that trip to:

* * * * *

(3) Possession allowance regarding

sink nets off North Carolina. A vessel

that has on board a commercial permit

for South Atlantic snapper-grouper,

excluding wreckfish, that fishes in the

EEZ off North Carolina with a sink net

on board, may retain, without regard to

the limits specified in paragraph

(d)(2)(ii) of this section, otherwise legal

South Atlantic snapper-grouper taken

with bandit gear, buoy gear, handline,

rod and reel, or sea bass pot. For the

purpose of this paragraph (d)(3), a sink

net is a gillnet with stretched mesh

measurements of 3 to 4.75 inches (7.6 to

12.1 cm) that is attached to the vessel

when deployed.

(4) Possession allowance regarding

bait nets. A vessel that has on board a

commercial permit for South Atlantic

snapper-grouper, excluding wreckfish,

that fishes in the South Atlantic EEZ

with no more than one bait net on

board, may retain, without regard to the

limits specified in paragraph (d)(2)(ii) of

this section, otherwise legal South

Atlantic snapper-grouper taken with

bandit gear, buoy gear, handline, rod

and reel, or sea bass pot. For the

purpose of this paragraph (d)(4), a bait

net is a gillnet not exceeding 50 ft (15.2

m) in length or 10 ft (3.1 m) in height

with stretched mesh measurements of

1.5 inches (3.8 cm) or smaller that is

attached to the vessel when deployed.

(5) Possession allowance regarding

cast nets. A vessel that has on board a

commercial permit for South Atlantic

snapper-grouper, excluding wreckfish,

that fishes in the South Atlantic EEZ

with a cast net on board, may retain,

without regard to the limits specified in

paragraph (d)(2)(ii) of this section,

otherwise legal South Atlantic snappergrouper taken with bandit gear, buoy

gear, handline, rod and reel, or sea bass

pot. For the purpose of this paragraph

(d)(5), a cast net is a cone-shaped net

thrown by hand and designed to spread

out and capture fish as the weighted

circumference sinks to the bottom and

comes together when pulled by a line.

* * * * *

12. Effective December 14, 1998, in

§ 622.44, the last sentence of the

introductory text and paragraph (c) are

revised to read as follows:

§ 622.44 Commercial trip limits.

* * * For fisheries governed by this

part, commercial trip limits apply as

follows (all weights are round or

eviscerated weights):

* * * * *

(c) South Atlantic snapper-grouper.

When a vessel fishes on a trip in the

South Atlantic EEZ, the vessel trip

limits specified in this paragraph (c)

apply, provided persons aboard the

vessel are not subject to the bag limits.

See § 622.39(a) for applicability of the

bag limits.

(1) Trip-limited permits. A vessel for

which a trip-limited permit for South

Atlantic snapper-grouper has been

issued is limited to 225 lb (102.1 kg) of

snapper-grouper.

(2) Golden tilefish. (i) Until the fishing

year quota specified in § 622.42(e)(2) is

reached, 5,000 lb (2,268 kg).

(ii) After the fishing year quota

specified in § 622.42(e)(2) is reached,

300 lb (136 kg).

(3) Snowy grouper. (i) Until the

fishing year quota specified in

§ 622.42(e)(1) is reached, 2,500 lb (1,134

kg).

(ii) After the fishing year quota

specified in § 622.42(e)(1) is reached,

300 lb (136 kg).

* * * * *

[FR Doc. 98–18909 Filed 7–15–98; 8:45 am]

BILLING CODE 3510–22–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 522 and 556

Implantation or Injectable Dosage

Form New Animal Drugs;

Spectinomycin Solution; Correction

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule; correction.

SUMMARY: The Food and Drug

Administration (FDA) is correcting a

final rule that appeared in the Federal

Register of May 1, 1998 (63 FR 24106).

The document amended the animal

drug regulations to reflect approval of a

new animal drug application (NADA)