Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Rules and Regulations 17

§ 201–39.201 [Amended]

63. Section 201–39.201 is amended by

removing the word ‘‘eight’’ in the

definition Outdated FIP equipment, and

adding in its place the word ‘‘six’’.

§ 201–39.1001–1 [Amended]

64. Section 201–39.1001–1 is

amended by removing the numbers

‘‘88–16’’ in paragraph (i), and adding in

their place ‘‘90–08’’.

§ 201–39.1402–2 [Amended]

65. Section 201–39.1402–2 is

amended by removing the number

‘‘$25,000’’ in paragraph (b) and adding

in its place ‘‘$100,000’’, and also by

removing the number ‘‘$300,000’’ in

paragraph (c) and adding in its place

‘‘$1,000,000’’.

§ 201–39.1501–2 [Amended]

66. Section 201–39.1501–2 is

amended by removing the number

‘‘$25,000’’ in paragraph (b) and adding

in its place ‘‘$100,000’’, and also by

removing the number ‘‘$300,000’’ in

paragraph (c) and adding in its place

‘‘$1,000,000’’.

Subpart 201–39.46—[Removed and

Reserved]

67. Subpart 201–39.46 is removed and

reserved.

§ 201–39.5202–6 [Removed and Reserved]

68. Section 201–39.5202–6 is removed

and reserved.

Dated: October 27, 1995.

Roger W. Johnson,

Administrator of General Services.

[FR Doc. 95–31544 Filed 12–29–95; 8:45 am]

BILLING CODE 6820–25–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 222 and 227

[I.D. 101995A]

Endangered and Threatened Wildlife;

Status Reviews of Listed Sea Turtles

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of availability.

SUMMARY: NMFS and the Fish and

Wildlife Service (FWS), Department of

the Interior (collectively, the Services),

announce the availability of the status

reviews of endangered and threatened

sea turtles, as required by the

Endangered Species Act of 1973 (ESA).

Based upon these reviews and any

written comments received, the Services

may consider changes in the listing

status for the olive ridley (Lepidochelys

olivacea) sea turtle. The status review

for the green (Chelonia mydas) sea turtle

is currently under Service evaluation

and is not available with this notice.

Upon completion of their evaluation,

the Services will make the green sea

turtle status review available under

separate notice in the Federal Register.

DATES: February 1, 1996.

ADDRESSES: Requests for copies of the

status reviews may be submitted to the

Chief, Endangered Species Division,

Office of Protected Resources, NMFS,

1315 East-West Highway, Silver Spring,

MD 20910.

FOR FURTHER INFORMATION CONTACT:

Phil Williams, 301–713–1401, or

Richard Byles, 505–248–6647.

SUPPLEMENTARY INFORMATION:

Background

The ESA is administered jointly by

the Services. NMFS has jurisdiction

over species in the marine system while

FWS has jurisdiction elsewhere. Listed

endangered and threatened species

under NMFS jurisdiction are

enumerated in 50 CFR 222.23(a) and 50

CFR 227.4, respectively. The List of

Endangered and Threatened Wildlife

(List) which contains species under the

jurisdiction of both Services, is found in

50 CFR part 17.

Pursuant to a Memorandum of

Agreement between the two Services,

the jurisdiction over listed sea turtles is

shared: FWS has responsibility for sea

turtles primarily in the terrestrial

environment, while NMFS has

responsibility for sea turtles primarily in

the marine environment. Presently, all

sea turtle species found in the United

States are listed as follows: Kemp’s

ridley (Lepidochelys kempii),

leatherback (Dermochelys coriacea), and

hawksbill (Eretmochelys imbricata) are

listed as endangered; loggerhead

(Caretta caretta), green (Chelonia

mydas), and olive ridley (Lepidochelys

olivacea) turtles are listed as threatened,

except for breeding populations of green

turtles in Florida and on the Pacific

coast of Mexico, and breeding

populations of olive ridleys on the

Pacific coast of Mexico, which are listed

as endangered.

Section 4(c)(2) of the ESA requires

that, at least once every 5 years, a

review of the species on the List be

conducted to determine whether any

species should be (1) removed from the

List, (2) changed in status from an

endangered species to a threatened

species, or (3) changed in status from a

threatened species to an endangered

species. Criteria for determining a

reclassification are found at 50 CFR

424.11(c).

The status reviews of sea turtles listed

under the ESA are available (see

ADDRESSES). Based upon the status

reviews, the Services are considering

the following listing change.

Olive Ridley Turtles. The western

North Atlantic population would be

classified as endangered, rather than

threatened. This reclassification was

first considered in a notice published on

November 9, 1984 (49 FR 44775), at

which time the western North Atlantic

(Surinam and adjacent areas) nesting

population was reported to have

declined 80 percent since 1967. This

rate of decline continues despite over 2

decades of protection by personnel from

the Surinam Nature Protection

Foundation. This area is heavily trawled

for shrimp, and trawlers have been the

principal source of returned tags that

had been applied to nesting females on

the local beaches. Consequently,

incidental capture in trawls is a likely

cause of the progressive depletion of

this population. Pursuant to Public Law

101–162, the importation of shrimp and

shrimp products from Surinam and

French Guiana was banned in 1993

because those countries failed to

demonstrate that they had adopted a

regulatory program that governed the

incidental taking of sea turtles

comparable to that of the United States.

During an annual review in May 1995,

shrimp imports were again embargoed

from both countries due to their lack of

turtle excluder device use. The

incidental capture of turtles in trawls is

a major concern in this area.

Dated: December 22, 1995.

Ann D. Terbush,

Acting Director, Office of Protected Resources,

National Marine Fisheries Service.

[FR Doc. 95–31540 Filed 12–29–95; 8:45 am]

BILLING CODE 3510–22–M

50 CFR Part 641

[Docket No. 951221305–5305–01; I.D.

112995A]

Reef Fish Fishery of the Gulf of

Mexico; 1996 Red Snapper Season

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Emergency interim rule.

SUMMARY: NMFS issues this emergency

interim rule at the request of the Gulf of

Mexico Fishery Management Council
18 Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Rules and Regulations

(Council) to delay the opening of the

commercial fishery for red snapper until

February 1, 1996; to establish a

commercial quota for red snapper of

1.00 million lb (0.45 million kg) for the

period February 1 through March 31,

1996, with a closure of the commercial

fishery during that period when the

commercial quota is reached; and to

continue the red snapper endorsement

regime through March 31, 1996. This

rule is intended to avoid a derby style

fishery of very short duration, which

could result in a quota overrun for the

overfished red snapper resource and in

negative social and economic impacts

on fishery participants.

EFFECTIVE DATE: December 29, 1995

through March 31, 1996.

ADDRESSES: Copies of documents

supporting this action, including an

environmental assessment, may be

obtained from Robert Sadler, Southeast

Regional Office, NMFS, 9721 Executive

Center Drive N., St. Petersburg, FL

33702.

FOR FURTHER INFORMATION CONTACT:

Robert Sadler or Michael Justen, 813–

570–5305.

SUPPLEMENTARY INFORMATION: The reef

fish fishery of the Gulf of Mexico is

managed under the Fishery

Management Plan for the Reef Fish

Resources of the Gulf of Mexico (FMP).

The FMP was prepared by the Council

and is implemented through regulations

at 50 CFR part 641 under the authority

of the Magnuson Fishery Conservation

and Management Act (Magnuson Act).

Delayed Opening of the Commercial

Red Snapper Fishery

The 1995 red snapper commercial

fishery was closed April 15, 1995, and

will remain closed through December

31, 1995. Without further action, the

commercial fishery would reopen on

January 1, 1996. However, at the

September 1995 Council meeting,

commercial fishermen testified that they

are dependent upon income from red

snapper harvest during the Lenten

season, which begins in February. Based

upon this testimony, the Council

requested emergency action to delay the

reopening until February 1 to increase

the chances of the fishery being open

during the Lenten season, when higher

prices and more favorable fishing

weather (compared to January) are

expected.

Interim Commercial Quota for Red

Snapper

The Council requested an interim

commercial quota of 1.00 million lb

(0.45 million kg) for the period February

1, 1996, through March 31, 1996, based

upon input from the public, to provide

income to industry before the individual

transferable quota (ITQ) system, which

was approved under Amendment 8 to

the FMP, is implemented on April 1,

1996. If the interim quota is not made

available before the ITQ system is

implemented, the fishery would remain

closed for almost 12 months (April 15,

1995, through March 31, 1996). The

Council believes that a closure of this

duration would result in adverse social

and economic impacts to those who

depend on red snapper harvest,

particularly during the Lenten season.

The Council requested that, when the

interim quota is taken or projected to be

taken, the fishery be closed until it is

reopened under the ITQ system on April

1, 1996. If implementation of the ITQ

system is substantially delayed (2

months or more), the Council intends

that the balance of the 1996 commercial

quota be taken under the endorsement

provisions and permit moratorium.

Continue the Red Snapper Endorsement

Regime

Management measures in effect for

1995 limit landings of red snapper to

2,000 lb (907 kg) per trip or day for

vessels with red snapper endorsements

on their reef fish permits. Other

permitted vessels are limited to 200 lb

(91 kg) per trip or day. The Council

requested that these provisions be

continued as part of the emergency

action, to spread out harvest over a

longer period of time and avoid the

negative social and economic impacts

that would otherwise result from a

derby fishery of very short duration.

Monitoring of landings under these

conditions would be difficult,

increasing the likelihood that the quota

would be exceeded. The Council is

concerned that this could adversely

impact stock recovery. Accordingly, by

January 20, 1996, NMFS intends to

reissue the red snapper endorsements

that were in effect on December 31,

1995. Reissued endorsements will be

effective for February and March 1996.

Permit Moratorium

The Council requested that the

current moratorium on the issuance of

new reef fish permits be continued

during the effectiveness of this

emergency interim rule. However,

because a new permit moratorium under

Amendment 11 to the FMP will become

effective January 1, 1996, there is no

need to extend the current moratorium

by this emergency rule.

Compliance With NMFS Guidelines for

Emergency Rules

The Council and NMFS have

concluded that the present situation

constitutes an emergency, which is

properly addressed by this emergency

interim rule, and that the situation

meets NMFS’s policy guidelines for the

use of emergency rules, 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)

realizes immediate benefits from the

emergency interim rule that outweigh

the value of prior notice, opportunity for

public comment, and deliberative

consideration expected under the

normal rulemaking process.

Recent, Unforeseen Events or Recently

Discovered Circumstances

The Council requested that this action

be implemented by emergency rule

because of several unforeseen events

and unresolved circumstances that

disrupted planning of the 1996 fishing

season. The first is the unanticipated

and unavoidable delays that have

adversely affected implementation of

the ITQ system under Amendment 8,

which was designed to achieve more

orderly prosecution of the fishery. The

Southeast Regional Office estimates that

the appeals process and issuance of

shares and coupons cannot be

completed before April 1, 1996.

Consequently, implementation of the

ITQ system will be delayed until that

date. The extent of this delay, which

was not known nor formally

communicated to the Council until its

September 1995 meeting, disrupted the

Council’s plans regarding optimal

timing of the opening of the 1996 season

under controlled harvest conditions.

The Council, in developing this

proposed course of action at the

September 1995 meeting, also faced a

major management problem in that it

did not know if the moratoriums or

delays in implementing ITQ systems

being considered by Congress would be

enacted or whether such action would

adversely affect Amendment 8. If the

Council had decided at that time to

delay action until this issue was

resolved, it would not have had

sufficient time to implement an

alternative system before unrestricted

harvest by fishermen aboard permitted

reef fish vessels would begin on January

1, 1996.

Finally, the NMFS red snapper stock

assessment was not available until the

Council’s November 1995 meeting,

thereby preventing any possible
Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Rules and Regulations 19

framework implementation of the

delayed season by the start of the fishing

year. The endorsement provisions were

implemented as part of the FMP.

Continuation of the endorsement

provisions, therefore, requires

emergency action, or an additional FMP

amendment.

Given all of these circumstances,

emergency action is the only option for

optimizing the timing of the season

opening.

Serious Conservation or Management

Problems in the Fishery—

Appropriateness of Emergency Action

The Council, prior to its September

1995 meeting, announced the 1996

season as an agenda item for Council

action. The general public and, in

particular, commercial red snapper

fishermen, were actively involved in the

deliberative process of forming the

Council request. The fishermen

endorsed the action to avoid a derby

fishery in January when prices are lower

and unfavorable weather in the Gulf of

Mexico is more prevalent compared to

the Lenten season, which begins in

February. The Council believes that this

emergency interim rule is necessary to

avoid adverse social and economic

impacts and conservation problems that

could affect stock recovery. The red

snapper endorsement system, which

includes vessel trip limits, terminates

on December 31, 1995. Without this

action, when the commercial red

snapper fishery opens, permitted vessels

will have no restrictions on landing

levels. The Council believes that this

would result in a derby fishery of very

short duration. Monitoring of landings

under these conditions would be

difficult, increasing the likelihood that

the quota would be exceeded. The

Council is concerned that this would

adversely impact stock recovery. In

addition, fishermen would suffer

significant economic losses due to lower

season ex-vessel prices as demonstrated

in previous fishing years. Vessel safety

would also be jeopardized by the

competitive pressure to maximize

harvest rates despite marginal weather

conditions that are typical in January.

To avoid these problems, this

emergency interim rule delays the

season until a more appropriate time,

continues the trip limits to constrain

vessel landings to the total allowable

catch, provides for better prices, and

optimizes yield in the fishery. The

immediate benefits of the emergency

interim rule greatly outweigh the value

of prior notice and opportunity for

public comment which would occur

under normal rulemaking.

NMFS concurs with the Council’s

findings about the emergency and the

need for immediate regulatory action.

Accordingly, NMFS issues this

emergency interim rule, effective

initially for 90 days, as authorized by

section 305(c) of the Magnuson Act. By

agreement between 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.

The AA finds that failure to

implement the actions requested by the

Council would result in economic

hardships, would encourage fishing

operations during marginal weather

conditions, and the resulting rapid rate

of harvest could contribute to

overfishing of red snapper. The

foregoing constitutes good cause to

waive the requirement to provide prior

notice and the 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 economic and social emergencies

constitutes good cause under authority

contained in 5 U.S.C. 553(d)(3) to

establish an effective date less than 30

days after date of publication.

This emergency interim rule has been

determined to be not significant for

purposes of E.O. 12866.

This emergency interim rule is

exempt from the procedures of the

Regulatory Flexibility Act because the

rule is issued without prior notice and

opportunity for public comment.

List of Subjects in 50 CFR Part 641

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: December 21, 1995.

Nancy Foster,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 641 is amended

as follows:

PART 641—REEF FISH FISHERY OF

THE GULF OF MEXICO

1. The authority citation for part 641

continues to read as follows:

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

2. In § 641.7, paragraphs (nn) through

(qq) are added to read as follows:

§ 641.7 Prohibitions.

* * * * *

(nn) During a closure of the

commercial fishery for red snapper—

(1) Exceed the bag and possession

limits for red snapper; or

(2) Purchase, barter, trade, or sell red

snapper, or attempt to purchase, barter,

trade, or sell red snapper—as specified

in § 641.31(c).

(oo) Exceed the vessel trip or landing

limits for red snapper, as specified in

§ 641.32(a) and (b).

(pp) Transfer a red snapper at sea, as

specified in § 641.32(c).

(qq) Purchase, barter, trade, or sell, or

attempt to purchase, barter, trade, or

sell, a red snapper possessed or landed

in excess of a trip or landing limit, as

specified in § 641.32(d).

3. Sections 641.31 through 641.34 are

added to read as follows:

§ 641.31 Red snapper commercial

closures and quota.

Other provisions of this part 641

notwithstanding, the following

provisions apply:

(a) The commercial fishery for red

snapper is closed from January 1, 1996,

through January 31, 1996.

(b) Persons who are fishing under a

commercial reef fish permit issued

under § 641.4, provided they are not

subject to the bag limits specified in

§ 641.24, are subject to a quota of 1.00

million lb (0.45 million kg) for the

period February 1, 1996, through March

31, 1996. When this quota is reached, or

is projected to be reached, the Assistant

Administrator will file a notification to

that effect with the Office of the Federal

Register. On and after the effective date

of such notification, through March 31,

1996, the commercial fishery for red

snapper is closed.

(c) During a closure of the commercial

fishery for red snapper under paragraph

(a) or (b) of this section, red snapper

harvested from or possessed in the EEZ,

and each vessel for which a currently

valid commercial reef fish permit has

been issued under § 641.4, are subject to

the following:

(1) The bag and possession limits, as

specified in § 641.24(b)(1) and (c); and

(2) The prohibition of purchase,

barter, trade, or sale of red snapper

taken under the bag limit, or attempted

purchase, barter, trade, or sale of such

red snapper, as specified in § 641.28(a).

This prohibition does not apply to trade

in red snapper taken under the

commercial quota that were harvested,

landed, and bartered, traded, or sold

prior to the closure.

§ 641.32 Red snapper trip limits.

(a) Except as provided in paragraph

(b) of this section, a vessel that has on
20 Federal Register / Vol. 61, No. 1 / Tuesday, January 2, 1996 / Rules and Regulations

board a valid commercial reef fish

permit may not possess on any trip or

land in any day red snapper in excess

of 200 lb (91 kg), whole or eviscerated.

(b) A vessel that has on board a valid

commercial reef fish permit and a valid

red snapper endorsement may not

possess on any trip or land in any day

red snapper in excess of 2,000 lb (907

kg), whole or eviscerated.

(c) A red snapper may not be

transferred at sea from one vessel to

another.

(d) No person may purchase, barter,

trade, or sell, or attempt to purchase,

barter, trade, or sell, a red snapper

possessed or landed in excess of the trip

or landing limits specified in paragraphs

(a) and (b) of this section.

§ 641.33 Red snapper endorsement.

(a) As a prerequisite for exemption

from the trip limit for red snapper

specified in § 641.32(a), a vessel for

which a commercial reef fish permit has

been issued under § 641.4 must have a

red snapper endorsement on such

permit and such permit and

endorsement must be aboard the vessel.

(b) A red snapper endorsement is

invalid upon sale of the vessel;

however, an owner of a vessel with a

commercial reef fish permit may

transfer the red snapper endorsement to

another vessel with a commercial reef

fish permit owned by the same entity by

returning the existing endorsement with

an application for an endorsement for

the replacement vessel.

(c) The provisions of paragraph (b) of

this section notwithstanding, special

provisions apply in the event of the

disability or death of the owner of a

vessel with a red snapper endorsement

or the disability or death of an operator

whose presence on board the vessel is

a condition for the validity of a red

snapper endorsement.

(1) In the event that a vessel with a

red snapper endorsement has a change

of ownership that is directly related to

the disability or death of the owner, the

Regional Director may issue a red

snapper endorsement, temporarily or

permanently, with the commercial reef

fish permit that is issued for the vessel

under the new owner. Such new owner

will be the person specified by the

owner or his/her legal guardian, in the

case of a disabled owner, or by the will

or executor/administrator of the estate,

in the case of a deceased owner.

(Change of ownership of a vessel with

a commercial reef fish permit upon

disability or death of an owner is

considered a purchase of a permitted

vessel and § 641.4(m)(3) applies

regarding a commercial reef fish permit

for the vessel under the new owner.)

(2) In the event of the disability or

death of an operator whose presence

aboard a vessel is a condition for the

validity of a red snapper endorsement,

the Regional Director may revise and

reissue an endorsement, temporarily or

permanently, to the permitted vessel.

Such revised endorsement will contain

the name of a substitute operator

specified by the operator or his/her legal

guardian, in the case of a disabled

operator, or by the will or executor/

administrator of the estate, in the case

of a deceased operator. As was the case

with the replaced endorsement, the

presence of the substitute operator

aboard and in charge of the vessel is a

condition for the validity of the revised

endorsement. Such revised endorsement

will be reissued only with the

concurrence of the vessel owner.

§ 641.34 Condition of a permit.

As a condition of a commercial reef

fish permit issued under § 641.4,

without regard to where red snapper are

harvested or possessed, a vessel with

such permit—

(a) May not exceed the appropriate

vessel trip or landing limit for red

snapper, as specified in § 641.32(a) and

(b); and

(b) May not transfer a red snapper at

sea, as specified in § 641.32(c).

[FR Doc. 95–31410 Filed 12–29–95; 8:45 am]

BILLING CODE 3510–22–F

50 CFR Part 675

[Docket No. 950905226–5282–02; I.D.

122695A]

RIN 0648–AH00

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area; Extension

of Allocations to Inshore and Offshore

Components; Correction

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Correcting amendment.

SUMMARY: This document contains a

correction to the final rule (I.D.

083095A) that was published Tuesday,

December 12, 1995, (60 FR 63654). The

regulation related to an extension of the

allocation of pollock for processing by

the inshore and offshore components

from January 1, 1996 through December

31, 1998.

EFFECTIVE DATE: January 1, 1996.

FOR FURTHER INFORMATION CONTACT:

David Ham, 907–586–7228.

SUPPLEMENTARY INFORMATION:

Background

Need for Publication

At 60 FR 63654, December 12, 1995,

a final rule to extend the inshoreoffshore and Community Development

Quota programs in the Bering Sea and

Aleutian Islands Management Area for 3

years, from January 1, 1996, through

December 31, 1998, was published.

Unintentionally, in that final rule, a

paragraph was excluded from an

extension of the expiration date and is

corrected here.

List of Subjects in 50 CFR Part 675

Fisheries, Reporting and

recordkeeping requirements.

Dated: December 26, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

PART 675—GROUNDFISH OF THE

BERING SEA AND ALEUTIAN ISLANDS

AREA

Accordingly, 50 CFR part 675 is

corrected by making the following

correcting amendment:

1. The authority citation for part 675

continues to read as follows:

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

2. Section 675.25 paragraph (b)

heading is revised to read as follows:

§ 675.25 Observer requirements.

* * * * *

(b) Additional observer coverage

requirements applicable through

December 31, 1998. * * *

* * * * *

[FR Doc. 95–31517 Filed 12–29–95; 8:45 am]

BILLING CODE 3510–22–P