3562 Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Rules and Regulations

Species

Historic range Family name Status When listed Critical

habitat

Special

rules Scientific name Common name

* * * * * * *

LICHENS

* * * * * * *

Gymnoderma lineare Rock gnome lichen . U.S.A. (NC, TN) ...... Cladoniaceae ......... E 572 NA NA

* * * * * * *

Dated: December 6, 1994.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 95–1174 Filed 1–17–95; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 646

[Docket No. 950110009–5009–01; I.D.

120594B]

RIN 0648–AH45

Snapper-Grouper Fishery Off the

Southern Atlantic States; Landing Gag

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Emergency interim rule.

SUMMARY: NMFS publishes this

emergency interim rule at the request of

the South Atlantic Fishery Management

Council (Council) to require that

selected vessels in the commercial

snapper-grouper fishery land gag in a

whole condition. The intended effect of

this rule is to facilitate the collection of

biological data necessary for the

management of gag.

EFFECTIVE DATE: January 18, 1995,

through April 18, 1995.

ADDRESSES: Copies of documents

supporting this action, including an

environmental assessment, may be

obtained from Peter J. Eldridge,

Southeast Regional Office, NMFS, 9721

Executive Center Drive N., St.

Petersburg, FL 33702.

FOR FURTHER INFORMATION CONTACT:

Peter J. Eldridge, 813–570–5305.

SUPPLEMENTARY INFORMATION: Snappergrouper species off the southern

Atlantic states are managed under the

Fishery Management Plan for the

Snapper-Grouper Fishery of the South

Atlantic (FMP). The FMP was prepared

by the Council and is implemented

through regulations at 50 CFR part 646

under the authority of the Magnuson

Fishery Conservation and Management

Act (Magnuson Act).

Gag, Mycteroperca microlepis, is a

protogynous hermaphrodite in the

family Serranidae (sea basses) that is

found throughout the South Atlantic

region. It is a relatively long-lived

species that is highly prized by

fishermen. Gag form spawning

aggregations consisting of a few

dominant males and many females.

Male gag are very aggressive during

spawning and are particularly

vulnerable to overfishing during the

spawning season. Several related

species in the Caribbean have

experienced recruitment failure due to

excessive fishing during the spawning

season.

Whereas the average sex ratio (male to

female) of gag previously was 1:10,

recently it appears to be approaching

1:100. This is coincident with

increasing fishing pressure on gag,

declining landings, and smaller average

size of gag landed. Recent public

testimony indicates a growing concern

that the gag stock is declining.

The Council is concerned that a

reduction in abundance of males is

adversely affecting the reproductive

capacity of the resource. The Council

considered management measures for

gag in Amendments 6 and 7 to the FMP,

but deferred action because of the lack

of definitive, current information on the

sex ratio and other reproductive

characteristics. That information has

been difficult to obtain because gag are

eviscerated at sea, as specifically

authorized at 50 CFR 646.21(b)(1).

Hence, their reproductive organs have

been unavailable for sampling by NMFS

biologists.

In October 1994, NMFS biologists

reported the inadequacy of current data

to the Council. Because of that

inadequacy of data, the Council

requested this emergency interim rule

so that the reproductive organs of gag

could be sampled during the 1994–95

spawning season that begins in

December. Sampling is expected to

occur through April, the end of the

spawning season.

A significant reduction in the

reproductive capacity of gag will result

in recruitment overfishing and

consequent long-term adverse impacts

on the resource. The availability of gag

reproductive organs under this

emergency interim rule will enable

NMFS biologists to obtain information

necessary for the Council to determine

changes in the reproductive capacity of

gag and to formulate management

measures to avert recruitment

overfishing, if necessary. The Council

requests this action now to take

advantage of the 1994–95 spawning

season, during which gag are more

readily available. If the data are not

collected under this emergency interim

rule, the 1994–95 spawning season will

be over before an FMP amendment can

be implemented to collect the data.

Thus the data would not be available for

at least another year. Such delay is not

in the best interests of effective

management of the gag resource and

may require more severe measures to

avert recruitment overfishing. Based on

data obtained during the forthcoming

spawning season, the Council will be

able to devise appropriate management

measures for implementation by NMFS

prior to the 1995–96 spawning season.

The NMFS Science and Research

Director will select permitted vessels for

sampling and notify vessel owners in

writing. Sampling will occur at

dockside or in dealer establishments.

Sampling schedules will be coordinated

among vessel owners, dealers, and

NMFS port agents to ensure effective,

representative sampling of landings and

to minimize disruption of off-loading

procedures. The cooler weather during

the sampling program will minimize

possible deterioration of product quality

because bacterial activity is markedly

reduced at lower temperatures.

Compliance with NMFS Guidelines for

Emergency Rules

The Council and NMFS have

concluded that the present situation

constitutes a biological emergency,

which is properly addressed by this

emergency interim rule, and that the

situation meets NMFS’s policy
Federal Register / Vol. 60, No. 11 / Wednesday, January 18, 1995 / Rules and Regulations 3563

guidelines for the use of emergency

rules as published on January 6, 1992

(57 FR 375). The situation: (1) Results

from recent, unforeseen events or

recently discovered circumstances; (2)

presents a serious management problem;

and (3) can be adequately handled only

by an emergency rule for which the

immediate benefits would outweigh the

value of advance notice, public

comment, and deliberative

consideration provided under the

normal FMP amendment and

rulemaking process. The basis for the

conclusions regarding these emergency

guidelines is summarized above.

NMFS concurs with the Council’s

findings about the biological emergency

and the need for immediate regulatory

action. Accordingly, NMFS publishes

this emergency interim rule, effective

initially for 90 days, as authorized by

section 305(c) of the Magnuson Act. By

agreement of NMFS and the Council,

this emergency interim rule may be

extended for an additional period of 90

days.

Classification

The Assistant Administrator for

Fisheries, NOAA (AA), has determined

that this rule is necessary to respond to

an emergency situation and is consistent

with the Magnuson Act and other

applicable law.

This emergency interim rule has been

determined to be not significant for

purposes of E.O. 12866.

The AA finds that the immediate need

to commence the necessary data

collection on the sex ratio of gag during

the current spawning season constitutes

good cause to waive the requirement to

provide prior notice and an opportunity

for public comment, pursuant to

authority set forth at 5 U.S.C. 553(b)(B),

as such procedures would be contrary to

the public interest. Similarly, the need

to implement these measures in a timely

manner to address the biological

emergency described above constitutes

good cause, under authority contained

in 5 U.S.C. 553(d)(3), to waive the 30-

day delay in effective date.

List of Subjects in 50 CFR Part 646

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: January 10, 1995.

Charles Karnella,

Acting Program Management Officer,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 646 is amended,

effective January 18, 1995 through April

18, 1995, as follows:

PART 646—SNAPPER-GROUPER

FISHERY OFF THE SOUTHERN

ATLANTIC STATES

1. The authority citation for part 646

continues to read as follows:

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

2. In § 646.7, paragraph (zz) is added

to read as follows:

§ 646.7 Prohibitions.

* * * * *

(zz) Fail to maintain gag in a whole

condition, as specified in § 646.21(b)(3).

3. In § 646.21, paragraph (b)(3) is

added to read as follows:

§ 646.21 Harvest limitations.

* * * * *

(b) * * *

(3) The provisions of paragraph (b)(1)

of this section notwithstanding, the

owner or operator of a vessel for which

a permit for snapper-grouper, excluding

wreckfish, has been issued, as required

by § 646.4(a)(1), and that is selected in

writing by the Science and Research

Director, must maintain gag in a whole

condition, that is, not eviscerated,

through off-loading and after off-loading

for such time as will provide a

reasonable opportunity for the Science

and Research Director to collect

biological samples.

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[FR Doc. 95–1070 Filed 1–17–95; 8:45 am]

BILLING CODE 3510–22–F