8958 Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations

species permit requirements in 50 CFR

part 222, apply to the application,

issuance, modification, revocation,

suspension, and amendment of an

incidental take permit for threatened, as

well as for endangered sea turtles.

Classification

This final rule has been determined to

be not significant for purposes of E.O.

12866.

This rule contains a collection-ofinformation requirement subject to the

Paperwork Reduction Act (PRA). This

requirement has been approved

previously by the Office of Management

and Budget (OMB) (OMB Control

Number 0648–0230). The reporting

burden for this collection is estimated to

average approximately 80 hours for

permit applications, 0.5 hours for

certificate of inclusion applications and

0.5 hours for reports. These estimates

include the time for reviewing

instructions, gathering and maintaining

the data needed, and completing and

reviewing the collection of information.

Send comments regarding these burden

estimates or any other aspect of this

collection of information, including

suggestions for reducing this burden, to

the National Marine Fisheries Service

(F/PR), 1315 East-West Highway, Silver

Spring, MD 20910, and to the Office of

Information and Regulatory Affairs,

OMB, Washington, D.C. 20503 (Attn:

PRA Project 0648–0230).

The General Counsel of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

final rule will not have significant

economic impact on a substantial

number of small entities because the

final rule establishes a discretionary

permitting procedure that will, by itself,

have no economic impact. As a result,

a regulatory flexibility analysis was not

prepared.

The AA prepared an EA for the

proposed rule that concludes that the

rule would have no significant impact

on the human environment. A copy of

the EA is available (see ADDRESSES) and

comments on it are requested.

List of Subjects in 50 CFR Part 227

Endangered and threatened species,

Exports, Imports, Marine mammals,

Transportation.

Dated: February 10, 1995.

Nancy Foster,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 227 is amended

as follows:

PART 227—THREATENED FISH AND

WILDLIFE

1. The authority citation for part 227

continues to read as follows:

Authority: 16 U.S.C. 1531 et seq.

2. In § 227.72, paragraph (e)(1)

introductory text is revised and

paragraph (e)(7) is added to read as

follows:

§ 227.72 Exceptions to prohibitions.

* * * * *

(e) * * * (1) General. The prohibitions

against taking in § 227.71(a) do not

apply to the incidental take of any

member of any species of sea turtle

listed in § 227.4 (i.e., a take not directed

toward such member) during fishing or

scientific research activities, to the

extent that those involved are in

compliance with the requirements of

paragraphs (e)(1), (2), (3), and (6) of this

section, or in compliance with the terms

and conditions of an incidental take

permit issued pursuant to paragraph

(e)(7) of this section.

* * * * *

(7) Incidental-take permits. The

Assistant Administrator may issue

permits authorizing activities that

would otherwise be prohibited in

§ 227.71(a) of this chapter in accordance

with section 10(a)(1)(B) of the Act (16

U.S.C. 1539(a)(1)(B)), and in accordance

with, and subject to, the provisions of

parts 220 and 222 of this chapter. Such

permits may be issued for the incidental

taking of both endangered and

threatened species of sea turtles. This

section supersedes restrictions on the

scope of parts 220 and 222, including,

but not limited to, the restrictions

specified in §§ 220.3, 222.1, 222.2(a)

and 222.22(a).

* * * * *

[FR Doc. 95–3816 Filed 2–15–95; 8:45 am]

BILLING CODE 3510–22–F

50 CFR Part 625

[Docket No. 950206038–5038–01; I.D.

#103194A]

RIN 0648–XX04

Summer Flounder Fishery; Final

Specifications for 1995

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final specifications for the 1995

summer flounder fishery.

SUMMARY: NMFS issues the final

specifications for the 1995 summer

flounder fishery, which include

commercial catch quotas and mesh size

requirements. The intent of this

document is to comply with

implementing regulations for the fishery

that require NMFS to publish measures

for the upcoming fishing year that will

prevent overfishing of the summer

flounder resource. In order to comply

with an Order issued by the U.S. District

Court for the Eastern District of Virginia,

this document adds 3.05 million lb (1.4

million kg) to the final commercial

catch quota established under the

implementing regulations.

EFFECTIVE DATE: February 10, 1995.

ADDRESSES: Copies of the

Environmental Assessment and

supporting documents used by the

Monitoring Committee are available

from: Executive Director, Mid-Atlantic

Fishery Management Council, Room

2115, Federal Building, 300 S. New

Street, Dover, DE 19901–6790.

FOR FURTHER INFORMATION CONTACT:

Hannah Goodale, 508–281–9101.

SUPPLEMENTARY INFORMATION: The

Fishery Management Plan for the

Summer Flounder Fishery (FMP) was

developed jointly by the Atlantic States

Marine Fisheries Commission (ASMFC)

and the Mid-Atlantic Fishery

Management Council (Council) in

consultation with the New England and

South Atlantic Fishery Management

Councils. The management unit for the

FMP is summer flounder (Paralichthys

dentatus) in U.S. waters of the Atlantic

Ocean from the southern border of

North Carolina northward to the

Canadian border. Implementing

regulations for the fishery are found at

50 CFR part 625.

Section 625.20 specifies the process

for setting annual management

measures for the summer flounder

fishery. Pursuant to § 625.20, the

Director, Northeast Region, NMFS,

implements certain measures for the

fishing year to ensure achievement of

the appropriate fishing mortality rate.

These measures include the following,

which, with the exception of measure

(1) below, are unchanged from the

proposed 1995 specifications that were

published in the Federal Register on

December 2, 1994 (59 FR 61864); note

that all quota figures are rounded for the

convenience of the reader: (1) A

coastwide commercial quota of 14.7

million lb (6.7 million kg); (2) a

coastwide recreational harvest limit of

7.8 million lb (3.5 million kg); (3) no

change from the present minimum

commercial fish size of 13 inches (33

cm); and (4) no change in the present

minimum mesh restriction of 5.5-inch

(14.0 cm) diamond or 6-inch (15.2 cm)

square.
Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations 8959

Commercial Quota

The final 1995 coastwide commercial

quota is changed from the amount (11.6

million lb; 5.3 million kg) contained in

the proposed specifications. In order to

comply with a court order issued on

December 19, 1994, by the U.S. District

Court for the Eastern District of Virginia,

NMFS announces that an additional

3.05 million lb (1.4 million kg) are

added to the commercial quota. The

resulting 1995 coastwide commercial

quota is 14.7 million lb (6.7 million kg).

The commercial coastwide quota is

allocated among the states based on

historic catch shares specified in the

regulations. Table 1 presents the 1995

commercial quota (14,690,407 lb;

6,663,569 kg) apportioned among the

states according to the percentage shares

specified in § 625.20(d)(1). These state

allocations do not reflect the

adjustments required under § 625.20, if

1994 landings exceed the quota for any

state. A notification of allocation

adjustment will be published in the

Federal Register if such an adjustment

is necessary.

TABLE 1.—1995 STATE COMMERCIAL QUOTAS

State Share (percent)

1995 quota

(lb) (kg)

ME ............................................................................................................................................................ 0.04756 6,987 3,169

NH ............................................................................................................................................................ 0.00046 67 30

MA ............................................................................................................................................................ 6.82046 1,001,953 454,478

RI .............................................................................................................................................................. 15.68298 2,303,894 1,045,029

CT ............................................................................................................................................................. 2.25708 331,574 150,399

NY ............................................................................................................................................................ 7.64699 1,123,374 509,554

NJ ............................................................................................................................................................. 16.72499 2,456,969 1,114,462

DE ............................................................................................................................................................ 0.01779 2,614 1,186

MD ............................................................................................................................................................ 2.03910 299,551 135,874

VA ............................................................................................................................................................. 21.31676 3,131,519 1,420,433

NC ............................................................................................................................................................ 27.44584 4,031,905 1,828,841

Recreational catch data for 1994 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.

Comments and Responses

Twenty-nine comments were received

concerning the proposed 1995

specifications from individuals, owners

and employees of fishing businesses,

Congressional representatives, the

Council and industry organizations. One

comment submitted by a fishing

business was presented as a statement

on behalf of 100 individuals associated

with the business. The Council

expressed concern that the

recommended total catch may be too

high. Twenty-eight of the commenters

opposed the proposed commercial quota

level, though their suggested

alternatives varied. A few commenters

suggested a less restrictive minimummesh requirement.

Comment: The Council notes the

concern expressed by NMFS in the

proposed rule that the recommended

quota may not reasonably assure that

the target fishing mortality rate will be

achieved in 1995. The Council

acknowledges that the recommended

quota may be too high and states that

the court order may negatively impact

the likelihood of attaining the mortality

target. The Council is also concerned

that, if the fishery exceeds the target in

1995, it will reduce the allowable catch

in 1996, when the target mortality rate

is lowered by the FMP. The Council

urges NMFS to take appropriate action

to ensure that the mortality target is met

in 1995.

Response: NMFS acknowledges that

the 1995 catch limit may not assure

attainment of the target fishing mortality

rate. However, under the terms of the

court order, NMFS must judge the

Council’s recommended quota

independent of the court-ordered

addition. The Council’s recommended

quota has a 50 percent probability of

achieving the target fishing mortality

rate, but the FMP does not provide a

basis for setting the catch limit to

achieve any particular level of

probability of meeting or exceeding the

target fishing mortality rate. NMFS will

take whatever appropriate actions

remain to contain mortality in the

summer flounder fishery (e.g., work

closely with the states to monitor

landings accurately and enforce closures

after quotas are attained).

Comment: Twenty-eight of the

commenters believe that the proposed

commercial quota level is too low, for a

variety of reasons. They propose

alternate commercial quotas that range

from the 1993 quota level of 12.35

million lb (5.6 million kg) to 20 million

lb (9.1 million kg). Many believe that

there will be harmful economic impacts

if the commercial quota is reduced from

the 1994 level. Several believe that

summer flounder stock abundance is

underestimated and that NMFS is being

overly cautious at the expense of the

industry. The commenters give various

examples to demonstrate that stock

abundance is underestimated, including

that more large fish are being landed

than in the past, state quotas are filled

quickly, and the most recent North

Carolina trawl survey indicates a good

1994 year class.

Response: The quota has been raised

for the reason noted above. NMFS

strongly believes that the stock

abundance estimate produced by the

most recent assessment represents the

best available scientific information on

the stock as a whole. However, NMFS

expects that the initial signs of stock

rebuilding (e.g., more larger fish,

increased abundance) may first be

observed by harvesters. NMFS commits

substantial resources toward collecting

and compiling such observations from

harvesters through biological sampling,

interviews with captains, vessel

logbooks and other methods. Once

compiled throughout the range of the

resource, quantifiable data on increased

fish sizes and indicators of abundance

are considered in the stock assessment.

The observations that industry members

make in 1994 will begin to be evaluated

by scientists in 1995. It is important that

all observations are brought together

during the stock assessment process.

NMFS, the Council and the ASMFC

are committed to building upon

indications of positive change, such as

those observed by the commenters, to

the point where a healthy stock is

reestablished. For example, while the

results of the North Carolina trawl

survey were not available in time to be
8960 Federal Register / Vol. 60, No. 32 / Thursday, February 16, 1995 / Rules and Regulations

incorporated into the assessment itself,

those results were factored into the

quota recommendation made by the

Council and ASMFC. However, despite

some localized improvements, the stock

as a whole continues to decline.

Therefore, NMFS does not agree that the

commercial quota should be increased

in 1995 above the level specified herein.

Furthermore, NMFS believes that

continued stock decline will result in

more serious and comprehensive

adverse economic consequences than

the reduction in the quota from 1994

levels to 1995 levels.

Comment: One industry group

reminds NMFS that the recent court

decision holds that the requirement to

use the best scientific information

available is best met by utilizing the

stock projection based on the mean

estimate of recruitment and the number

of age-1 fish.

Response: NMFS interprets this

comment to mean that the proposed

quota level is appropriate because it is

based on the stock projection that

assumed mean recruitment and number

of age-1 fish.

Comment: Several commenters

express support for a change from the

current minimum mesh size of 5.5-inch

(14 cm) diamond, 6-inch (15.2 cm)

square. They support a minimum mesh

size of 5-inch (12.7 cm) diamond or 5.5-

inch (14.0 cm) square mesh, because

they believe that 50 percent of 13-inch

(33-cm) fish escape from nets under the

current requirement.

Response: NMFS data show that more

than 50 percent of the 13-inch (33-cm)

fish will escape. However, it is the

intent of the Council that both the

commercial and recreational fisheries

should target fish greater than or equal

to 14 inches (35.5 cm) in length. This is

the required, minimum size in the

recreational fishery. The Council

established a minimum size of 13 inches

(33 cm) in the commercial fishery to

allow fish of that size to be kept in order

to minimize the discard mortality in the

fishery. The minimum-mesh size

selected is intended to result in a catch

primarily composed of fish of 14 inches

(35.5 cm) or more in size.

Classification

This action is authorized by 50 CFR

part 625.

These final specifications are exempt

from review under E.O. 12866.

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

Dated: February 10, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

[FR Doc. 95–3815 Filed 2–10–95; 4:06 pm]

BILLING CODE 3510–22–P

50 CFR Part 675

[Docket No. 950206040–5040–01; I.D.

021095A]

Groundfish of the Bering Sea and

Aleutian Islands Area; Atka Mackerel in

the Eastern Aleutian District and

Bering Sea; Prohibit Retention of Atka

Mackerel

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting the

retention for Atka mackerel in the

Eastern Aleutian District and the Bering

Sea subarea of the Bering Sea and

Aleutian Islands management area

(BSAI). NMFS is requiring that catches

of Atka mackerel in these areas be

treated in the same manner as

prohibited species and discarded at sea

with a minimum of injury. This action

is necessary because the Atka mackerel

total allowable catch (TAC) in the

Eastern Aleutian District and the Bering

Sea subarea in the BSAI has been

reached.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), February 10, 1995, until 12

midnight, A.l.t., December 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Andrew N. Smoker, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for the Groundfish Fishery of the

Bering Sea and Aleutian Islands Area

(FMP) prepared by the North Pacific

Fishery Management Council under

authority of the Magnuson Fishery

Conservation and Management Act.

Fishing by U.S. vessels is governed by

regulations implementing the FMP at 50

CFR parts 620 and 675.

In accordance with § 675.20(a)(7)(ii),

the TAC for Atka mackerel in the

Eastern Aleutian District and the Bering

Sea subarea was established by the final

groundfish specifications published

February 14, 1995, as 11,475 metric tons

(mt).

The Director, Alaska Region, NMFS,

has determined, in accordance with

§ 675.20(a)(9), that the Atka mackerel

TAC in the Eastern Aleutian District and

Bering Sea subarea has been reached.

Therefore, NMFS is requiring that

further catches of Atka mackerel in the

Eastern Aleutian District and the Bering

Sea subarea be treated as prohibited

species in accordance with

§ 675.20(c)(3), and is prohibiting their

retention effective from 12 noon, A.l.t.,

February 10, 1995, until 12 midnight,

A.l.t., December 31, 1995.

Classification

This action is taken under § 675.20

and is exempt from review under E.O.

12866.

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

Dated: February 10, 1995.

Richard H. Schaefer,

Director, Office of Fisheries Conservation and

Management, National Marine Fisheries

Service.

[FR Doc. 95–3814 Filed 2–10–95; 4:06 pm]

BILLING CODE 3510–22–F