292 Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations

TABLE 1.—1996 STATE COMMERCIAL QUOTAS—Continued

State Share

(%)

1996 quota

(lb)

1996 quota

(kg)

DE ............................................................................................................................................................ 0.01779 1,977 897

MD ............................................................................................................................................................ 2.03910 226,570 102,770

VA ............................................................................................................................................................ 21.31676 2,368,569 1,074,365

NC ............................................................................................................................................................ 27.44584 3,049,589 1,383,270

Recreational catch data for 1995 are

not yet available. The Council and

ASMFC will consider modifications to

the recreational possession limit and

recreational season after a review of that

information.

Final Rule, Technical Amendment and

Changes From Proposed Specifications

to Final Specifications

This document modifies the language

specified in § 625.20(a) established by

the final rule for Amendment 7 to the

FMP that set the harvest limit ‘‘cap’’ at

18.51 million lb (8,396 mt). The final

rule, technical amendment contained in

this action changes the harvest limit

‘‘cap’’ to be 18,518,830 lb (8,400 mt),

making the ‘‘cap’’ consistent with

Council intent as stated in the comment

submitted by the Council and addressed

below. The value of 8,400 mt is

contained in Amendment 7 and that

value is equivalent to 18,518,830 lb,

which is 8,830 lb greater than the

rounded off value of 18.51 million lb.

As a result, the state allocations of

commercial quota have been altered

slightly relative to the proposed

specifications.

Comments and Responses

One comment was received regarding

the 1996 summer flounder

specifications from the Council.

Comment: The Council checked the

administrative record and

acknowledged an error in the

publication of the harvest limit ‘‘cap’’,

as published in Amendment 7 to the

FMP. The Council wishes to correct the

specifications to reflect accurately their

intent regarding the total harvest limit

and subsequent specifications for the

commercial and recreational fisheries.

Specifically, the Council intended the

total harvest limit to equal 18,518,830 lb

(8,400 mt), rather than 18.51 million lb

which actually equals 8,396 mt. The

value of 18,518,830 lb would result in

an allocation of 11,111,298 lb (5,040,000

kg) to the commercial sector, and

7,407,532 lb (3,360,000 kg) to the

recreational sector.

Response: NMFS agrees. The

administrative record shows that, for the

purpose of reading ease, the numbers for

pounds were rounded during

publication. However, this rounding

resulted in a loss of the original intent

of the Council. To modify the

regulations to reflect more accurately

the record, a technical amendment to

the final rule for Amendment 7 is

necessary. That action accompanies the

publication of these final specifications.

Classification

This action is authorized by 50 CFR

part 625 and complies with the National

Environmental Policy Act.

These final specifications are exempt

from review under E.O. 12866.

For the technical regulatory change,

NMFS finds good cause to waive prior

notice and opportunity for public

comment under 5 U.S.C. 553(b)(B). The

technical change corrects the

regulation’s codification of the quota

cap in Amendment 7 to reflect

accurately the language adopted by the

Council. As such, NMFS finds that prior

notice and comment are unnecessary.

Further, there is no requirement to delay

the effective date of this technical

change as it is not a substantive rule.

List of Subjects in 50 CFR Part 625

Fisheries, Reporting and

recordkeeping requirements.

Dated: December 28, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 625 is amended

as follows:

PART 625—SUMMER FLOUNDER

FISHERY

1. The authority citation for part 625

continues to read as follows:

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

2. In § 625.20, paragraph (a)

introductory text is revised to read as

follows:

§ 625.20 Catch quotas and other

restrictions.

(a) Annual review. The Summer

Flounder Monitoring Committee will

review the following data on or before

August 15 of each year to determine the

allowable levels of fishing and other

restrictions necessary to achieve a

fishing mortality rate (F) of 0.53 in 1993

through 1995, 0.41 in 1996, 0.30 in

1997, and 0.23 in 1998 and thereafter,

provided the allowable levels of fishing

in 1996 and 1997 may not exceed

18,518,830 lb (8,400 mt), unless such

fishing levels have an associated F of

0.23:

* * * * *

[FR Doc. 95–31584 Filed 12–29–95; 12:22

pm]

BILLING CODE 3510–22–P

50 CFR Part 625

[I.D. 122895A]

Summer Flounder Fishery;

Commercial Quota Transfer

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration, (NOAA),

Commerce.

ACTION: Notification of commercial

quota transfer.

SUMMARY: NMFS announces that the

State of New Jersey is transferring

138,000 lb (62,596 kg) of commercial

summer flounder quota to the

Commonwealth of Massachusetts.

NMFS adjusted the quotas and

announces the revised commercial

quota for each state involved.

EFFECTIVE DATE: December 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Regina L. Spallone, Fishery Policy

Analyst, (508) 281–9221.

SUPPLEMENTARY INFORMATION:

Regulations implementing Amendment

2 to the Fishery Management Plan for

the Summer Flounder Fishery are found

at 50 CFR part 625. The regulations

require annual specification of a

commercial quota that is apportioned

among the coastal states from North

Carolina through Maine. The process to

set the annual commercial quota and the

percent allocated to each state is

described in § 625.20.

The commercial quota for summer

flounder for the 1995 calendar year was

set equal to 14,690,407 lb (6,663,569 kg),

and the allocations to each state were

published February 16, 1995 (60 FR

8958). At that time, New Jersey was
Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules and Regulations 293

allocated a quota of 2,456,969 lb

(1,114,462 kg), and Massachusetts was

allocated a quota of 1,001,953 lb

(454,478 kg). The 1995 quotas for

several states were adjusted for overages

occurring in 1994, as required under

§ 625.20(d)(2), on May 26, 1994 (60 FR

27906). The Commonwealth of

Massachusetts’ quota after the

adjustment for overages was 984,246 lb

(446,446 kg). Since New Jersey’s quota

was not exceeded in 1994, its 1995

quota was unaffected by this

adjustment.

On August 30, 1995, the State of

North Carolina transferred 7,229 lb

(3,279 kg) of commercial quota to the

State of New Jersey (60 FR 45107). As

a result of that transfer, the revised

quota for New Jersey was 2,464,198 lb

(1,117,741 kg). On December 26, 1995,

New Jersey transferred 20,000 lb (9,072

kg) of its commercial quota to the State

of New York. As a result of that transfer,

the revised quota for New Jersey was

2,444,198 lb (1,108,670 kg).

The final rule implementing

Amendment 5 to the FMP was

published December 17, 1993 (58 FR

65936), and allows two or more states,

under mutual agreement and with the

concurrence of the Director, Northeast

Region, NMFS (Regional Director) to

transfer or combine summer flounder

commercial quota. The Regional

Director is required to consider the

criteria set forth in § 625.20(f)(1), in the

evaluation of requests for quota transfers

or combinations.

New Jersey has agreed to transfer

138,000 lb (62,596 kg) of its commercial

quota to Massachusetts. The Regional

Director has determined that the criteria

set forth in § 625.20(f)(1) have been met,

and publishes this notification of quota

transfer. The revised quotas for the

calendar year 1995 are: New Jersey,

2,306,198 lb (1,046,074 kg); and

Massachusetts, 1,122,246 lb (509,042

kg).

This action does not alter any of the

conclusions reached in the

environmental impact statement

prepared for Amendment 2 to the FMP

regarding the effects of summer flounder

fishing activity on the human

environment. Amendment 2 established

procedures for setting an annual

coastwide commercial quota for summer

flounder and a formula for determining

commercial quotas for each state. The

quota transfer provision was established

by Amendment 5 to the FMP and the

environmental assessment prepared for

Amendment 5 found that the action had

no significant impact on the

environment. Under section

6.02b.3(b)(i)(aa) of NOAA

Administrative Order 216–6, this action

is categorically excluded from the

requirement to prepare additional

environmental analyses. This is a

routine administrative action that

reallocates commercial quota within the

scope of previously published

environmental analyses.

Classification

This action is taken under 50 CFR

part 625 and is exempt from review

under E.O. 12866.

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

Dated: December 28, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

[FR Doc. 95–31579 Filed 12–29–95; 11:10

am]

BILLING CODE 3510–22–P

50 CFR Part 652

[Docket No. 951017252–5307–02; I.D.

101695C]

Atlantic Surf Clam and Ocean Quahog

Fisheries; 1996 Fishing Quotas

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final 1996 fishing quotas for

surf clams and ocean quahogs.

SUMMARY: NMFS issues final quotas for

the Atlantic surf clam and ocean quahog

fisheries for 1996. These quotas are

selected from a range defined as

optimum yield (OY) for each fishery.

The intent of this action is to establish

allowable harvests of surf clams and

ocean quahogs from the exclusive

economic zone in 1996.

EFFECTIVE DATES: Effective January 1,

1996, through December 31, 1996.

ADDRESSES: Copies of the Mid-Atlantic

Fishery Management Council’s analysis

and recommendations and

environmental assessment are available

from David R. Keifer, Executive

Director, Mid-Atlantic Fishery

Management Council, Room 2115,

Federal Building, 300 South New Street,

Dover, DE 19901–6790.

FOR FURTHER INFORMATION CONTACT:

Myles Raizin (Resource Policy Analyst)

508–281–9104.

SUPPLEMENTARY INFORMATION: The

Fishery Management Plan for the

Atlantic Surf Clam and Ocean Quahog

Fisheries (FMP) directs NMFS, acting on

behalf of the Secretary of Commerce

(Secretary) and in consultation with the

Mid-Atlantic Fishery Management

Council (Council), to specify quotas for

surf clams and ocean quahogs on an

annual basis from a range defined by the

FMP as the OY for each fishery. Further,

the Council follows the policy that the

quotas selected should allow fishing to

continue at that level for at least 10

years for surf clams and 30 years for

ocean quahogs. While staying within

these constraints, the quotas are also to

be set at a level that would meet the

estimated annual demand.

For surf clams, the quota must fall

within the OY range of 1.85 million

bushels (mil. bu.) (652 thousand

hectoliters (hL)) to 3.40 mil. bu. (1.2 mil.

hL). For ocean quahogs, the quota must

fall within the OY range of 4.00 mil. bu.

(1.4 mil. hL) to 6.00 mil. bu. (2.1 mil.

hL). These ranges are specified in 50

CFR 652.21 (a) and (b).

During its discussions of the 1996

quota recommendations, the Council

began developing new overfishing

definitions for both species managed

under the FMP. Overfishing is presently

defined for both species in terms of

actual yield levels in excess of the

specified quota levels. These definitions

do not incorporate biological

considerations to protect against

overfishing. Although preferred

alternatives for overfishing definitions

have not yet been chosen for each

species, NMFS believes that none of the

alternatives being considered by the

Council for each species, if adopted,

would necessitate any revision of the

1996 quotas contained in this action.

This action establishes a surf clam

quota of 2.565 mil. bu. (1.36 mil. hL)

and an ocean quahog quota of 4.45 mil.

bu. (2.36 mil. hL) for the 1996 fisheries.

The 1996 surf clam quota is identical to

the 1995 quota, and the 1996 ocean

quahog quota represents a 9 percent

reduction from the 1995 quota. These

quotas established by NMFS on behalf

of the Secretary are unchanged from the

proposed quotas published in the

Federal Register on October 23, 1995

(60 FR 54330).

FINAL 1996 SURF CLAM/OCEAN

QUAHOG QUOTAS

Fishery mil. bu. mil. hL

Surf clam .............. 2,565,000 1,362,000

Ocean quahog ...... 4,450,000 2,363,000

Comments and Responses

Three comments were received during

the public comment period. A

consulting firm involved in the industry

commented in support of the proposed

quotas. The National Fisheries Institute

and an attorney involved in the industry

opposed the proposed quotas.

Comment: The consulting firm

commented that the proposed 1996 surf