8620 Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Proposed Rules

FRA to follow that will prevent roadway

worker injuries and fatalities.

FRA continues to believe that public

participation is critical to the success of

this process. Negotiation sessions will

be open to the public, so interested

parties may observe the negotiations

and communicate their views. Pursuant

to Committee ground rules, observers

who wish to speak to the Committee

may do so through a member of the

Committee, by advising the Committee

members of the matter to be presented;

through a Facilitator at 3 the discretion

of the Committee; or at the invitation of

a Committee member, subject to the

discretion of the Committee. FRA has

given advance notice to all committee

members of the meeting schedule and

anticipates attendance or representation

by all Committee members, as well as

the public during this important

process.

S. Mark Lindsey,

Chief Counsel, Federal Railroad

Administration.

[FR Doc. 95–3757 Filed 2–14–95; 8:45 am]

BILLING CODE 4910–06–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AB

Endangered and Threatened Wildlife

and Plants; Reopening of Comment

Period on Koala Review

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Status review; notice of

reopening of comment period.

SUMMARY: The Service gives notice that

the comment period on the status

review of the Australian koala, as

initiated in response to a petition to add

the species to the List of Endangered

and Threatened Wildlife, will be

reopened until April 1, 1995.

DATES: All comments and information

received through April 1, 1995, will be

considered in making a final decision

on whether the requested action is

warranted, and will be included in the

administrative record.

ADDRESSES: Comments, information,

and questions should be submitted to

the Chief, Office of Scientific Authority;

Room 725, 4401 North Fairfax Drive;

U.S. Fish and Wildlife Service;

Arlington, Virginia 22203 (Fax number

703–358–2276). Express and messengerdelivered mail should be addressed to

the Office of Scientific Authority; Room

750, 4401 North Fairfax Drive;

Arlington, Virginia 22203. The petition

finding, supporting data, and comments

will be available for public inspection,

by appointment, from 8:00 a.m. to 4:00

p.m., Monday through Friday, at the

Arlington, Virginia address.

FOR FURTHER INFORMATION CONTACT:

Dr. Charles W. Dane, Chief, Office of

Scientific Authority, at the above

address (phone 703–358–1708).

SUPPLEMENTARY INFORMATION: In the

Federal Register of October 4, 1994 (59

FR 50557–50558), the U.S. Fish and

Wildlife Service (Service) announced

the 90-day finding that a petition to add

the Australian koala (Phasocarctos

cinereus) to the List of Endangered and

Threatened Wildlife had presented

substantial information indicting that

the requested action may be warranted.

A status review was initiated, with the

original comment period ending

February 1, 1995. During that period,

requests to extend the comment period

were received from the Fund for

Animals and Australians for Animals

(the original petitioners), the Zoological

Society of San Diego, and the American

Zoo and Aquarium Association’s

Marsupial and Monotreme Advisory

Group. All indicated that more time was

needed to collect pertinent information.

In response, the Service has decided to

reopen the comment period until April

1, 1995.

Authority: Endangered Species Act of 1973

(16 U.S.C. 1531 et seq.).

Dated: February 7, 1995.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 95–3749 Filed 2–14–95; 8:45 am]

BILLING CODE 4310–55–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 646

[Docket No. 950203035–503501; I.D.

120594C]

Snapper-Grouper Fishery Off the

Southern Atlantic States; Regulatory

Amendment for Hogfish, Cubera

Snapper, Gray Triggerfish

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule.

SUMMARY: In accordance with the

framework procedure for adjusting

management measures of the Fishery

Management Plan for the SnapperGrouper Fishery of the South Atlantic

Region (FMP), NMFS proposes to

establish a daily recreational bag limit of

five hogfish per person; limit the harvest

and possession of cubera snapper 30

inches (76.2 cm), total length, or larger

to two per day; and establish a

minimum size limit for gray triggerfish

of 12 inches (30.5 cm), total length.

These measures would apply only in the

exclusive economic zone (EEZ) off the

Atlantic coast of Florida. The intended

effects of this rule are to rebuild the

snapper-grouper resources and enhance

enforcement.

DATES: Written comments must be

received on or before March 2, 1995.

ADDRESSES: Comments on the proposed

rule must be sent to Peter J. Eldridge,

Southeast Regional Office, NMFS, 9721

Executive Center Drive N., St.

Petersburg, FL 33702.

Requests for copies of the South

Atlantic Fishery Management Council’s

(Council) regulatory document, which

includes a regulatory impact review and

an environmental assessment, should be

sent to the Council, One Southpark

Circle, Suite 306, Charleston, SC 29407–

4699; FAX 803–769–4520.

FOR FURTHER INFORMATION CONTACT:

Peter J. Eldridge, 813–570–5305.

SUPPLEMENTARY INFORMATION: Snappergrouper species in the Atlantic Ocean

off the southern Atlantic states (North

Carolina to Florida) are managed under

the FMP. The FMP was prepared by the

South Atlantic Fishery Management

Council (Council) and is implemented

through regulations at 50 CFR part 646

under the authority of the Magnuson

Fishery Conservation and Management

Act (Magnuson Act).

Background

The Council is concerned about the

biological status of hogfish, cubera

snapper, and gray triggerfish, especially

off the Atlantic coast of Florida where

recreational fishing pressure is intense.

The majority of hogfish and cubera

snapper catches occur off Florida, and a

large portion of the gray triggerfish catch

occurs off Florida. Gray triggerfish is

overfished with an estimated spawning

stock ratio (SSR) of 27 percent. Under

the FMP, species with SSRs below 30

percent are considered overfished. The

SSRs for cubera snapper and hogfish are

unknown, but these species are thought

to be overfished.

Florida implemented in its waters a

harvest/possession limit for large cubera

snapper on March 1, 1994, and a bag

limit for hogfish on July 1, 1994. A size

limit for gray triggerfish will be

implemented on January 1, 1995. The
Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Proposed Rules 8621

Council proposes similar regulations in

the EEZ off Florida to protect these

species and to enhance compliance by

using compatible state and Federal

regulations.

Limits on Hogfish and Larger Cubera

Snapper

The bag limits for hogfish and harvest

and possession limits for cubera

snapper larger than 30 inches (76.2 cm),

total length, would decrease fishing

mortality and enhance the spawning

potential of these species. If further

measures are required, the Council may

propose them through the framework

procedure.

Size Limit for Gray Triggerfish

The minimum size limit for gray

triggerfish will enhance the spawning

potential of gray triggerfish off Florida

and increase the yield-per-recruit.

Again, additional measures may be

proposed under the framework

procedure.

The Council’s recommended changes

are within the scope of the management

measures that may be adjusted by the

framework procedure referred to at 50

CFR 646.27 and specified in the FMP.

The Director, Southeast Region, NMFS,

initially concurs that the Council’s

recommended changes are consistent

with the objectives of the FMP, the

national standards, and other applicable

law. Accordingly, the Council’s

recommended changes are published for

comment.

Additional Change Proposed by NMFS

NMFS proposes to retitle and

reorganize § 646.25 for clarity, without

substantive change.

The changes in this proposed rule are

based on the text of 50 CFR part 646 as

amended in the final rule to implement

Amendment 7 to the FMP, published on

December 23, 1994 (59 FR 66270).

Classification

This action has been determined to be

not significant for purposes of E.O.

12866.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce has certified

to the Chief Counsel for Advocacy of the

Small Business Administration that this

proposed rule, if adopted, would not

have a significant economic impact on

a substantial number of small entities,

because no participants in the fishery,

all of whom are small entities, (1) are

expected to incur losses in gross

revenues exceeding 5 percent, (2) would

incur significant capital costs of

compliance—such costs would be much

less than 5 percent of total costs of

production, and (3) would be expected

to be forced to cease business. As a

result, a regulatory flexibility analysis

was not prepared.

List of Subjects in 50 CFR Part 646

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: February 8, 1995.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 646 is proposed

to be amended 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 § 646.2, a new definition of ‘‘Off

Florida’’ is added, in alphabetical order,

to read as follows:

§ 646.2 Definitions.

* * * * *

Off Florida means the waters off the

east coast from a line extending directly

east from the seaward terminus of the

Georgia/Florida boundary (30°42′45.6′′

N. lat.) to the boundary between the

Atlantic Ocean and the Gulf of Mexico,

as specified in § 601.11(c) of this

chapter.

* * * * *

3. In § 646.7, paragraphs (pp)(2) and

(pp)(3) are redesignated as paragraphs

(pp)(3) and (pp)(4), respectively; in

newly designated paragraph (pp)(4), the

reference to ‘‘§ 646.25(e)’’ is revised to

read ‘‘§ 646.25(d)’’; text for paragraph

(bb), previously reserved, is added; and

new paragraph (pp)(2) is added to read

as follows:

§ 646.7 Prohibitions.

* * * * *

(bb) Harvest or possess cubera

snapper 30 inches (76.2 cm), total

length, or larger in or from the EEZ off

Florida in excess of the limits specified

in § 646.21(k)(1).

* * * * *

(pp) * * *

(2) Cubera snapper, as specified in

§ 646.21(k)(3);

* * * * *

4. In § 646.21, new paragraphs

(a)(1)(ix) and (k) are added to read as

follows:

§ 646.21 Harvest limitations.

(a) * * *

(1) * * *

(ix) Gray triggerfish off Florida—12

inches (30.5 cm), total length.

* * * * *

(k) Cubera snapper harvest and

possession limit.

(1) No person may harvest in the EEZ

off Florida more than two cubera

snapper 30 inches (76.2 cm), total

length, or larger per day and no more

than two such cubera snapper in or from

the EEZ off Florida may be possessed

aboard a vessel at any time.

(2) A person who fishes in the EEZ off

Florida may not combine the harvest

and possession limit specified in

paragraph (k)(1) of this section with the

bag and possession limit applicable to

Florida’s waters.

(3) A cubera snapper 30 inches (76.2

cm), total length, or larger taken in the

EEZ off Florida may not be transferred

at sea, regardless of where such transfer

takes place; a cubera snapper 30 inches

(76.2 cm), total length, or larger may not

be transferred at sea in the EEZ off

Florida, regardless of where such cubera

snapper was taken.

5. In § 646.23, paragraph (b)(2) is

revised and new paragraph (b)(6) is

added to read as follows:

§ 646.23 Bag and possession limits.

* * * * *

(b) * * *

(2) Snappers, excluding cubera

snapper 30 inches (76.2 cm), total

length, or larger in or from the EEZ off

Florida and excluding vermilion—10, of

which no more than 2 may be red

snapper. (See § 646.21(k) for limitations

on cubera snapper 30 inches (76.2 cm),

total length, or larger in or from the EEZ

off Florida.)

* * * * *

(6) Hogfish in or from the EEZ off

Florida—5.

* * * * *

6. Section 646.25 is revised to read as

follows:

§ 646.25 Commercial limitations.

(a) Trip limits. Persons who are not

subject to the bag limits and who fish in

the EEZ on a trip are subject to the

following vessel trip limits. (See

§ 646.23(a)(1) for applicability of the bag

limits.)

(1) Snowy grouper (whole weight or

gutted weight, that is, eviscerated but

otherwise whole):

(i) Until the fishing year quota

specified in § 646.24(b) is reached, 2,500

lb (1,134 kg).

(ii) After the fishing year quota

specified in § 646.24(b) is reached, 300

lb (136 kg).

(2) Golden tilefish (whole weight or

gutted weight, that is, eviscerated but

otherwise whole):
8622 Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Proposed Rules

(i) Until the fishing year quota

specified in § 646.24(c) is reached, 5,000

lb (2,268 kg).

(ii) After the fishing year quota

specified in § 646.24(c) is reached, 300

lb (136 kg).

(b) Reduction of trip limits. When a

commercial quota specified in

§ 646.24(b) or (c) 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, for the remainder of

the fishing year, the appropriate trip

limit applies.

(c) Combination of trip limits. A

person who fishes in the EEZ may not

combine a trip limit under this section

with any trip or possession limit

applicable to state waters.

(d) Transfer at sea. A snowy grouper

or golden tilefish taken in the EEZ may

not be transferred at sea, regardless of

where such transfer takes place; a

snowy grouper or golden tilefish may

not be transferred at sea in the EEZ,

regardless of where such snowy grouper

or golden tilefish was taken.

(e) Sale/purchase of excess fish.

Snowy grouper or golden tilefish in

excess of an applicable trip limit

specified in paragraph (a) of this section

may not be sold, purchased, traded, or

bartered, or attempted to be sold,

purchased, traded, or bartered.

[FR Doc. 95–3695 Filed 2–14–95; 8:45 am]

BILLING CODE 3510–22–F

50 CFR Part 650

[Docket No. 950118017–5017–01; I.D.

122994A]

RIN 0648–AH82

Atlantic Sea Scallop Fishery;

Temporary Reduction in Crew-Size

Limit

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS issues this proposed

rule to implement measures contained

in Framework Adjustment 4 to the

Atlantic Sea Scallop Fishery

Management Plan (FMP). The intent of

this proposed framework is to reduce

the maximum crew-size limit on

Atlantic sea scallop vessels from nine to

seven through February 29, 1996, to

preserve small scallops.

DATES: Comments on the proposed rule

must be received on or before February

27, 1995.

ADDRESSES: Comments on the proposed

rule, Framework Adjustment 4, or

supporting documents should be sent to

Jon Rittgers, Acting Regional Director,

National Marine Fisheries Service,

Northeast Regional Office, 1 Blackburn

Street, Gloucester, MA 01930. Mark the

outside of the envelope ‘‘Comments on

Sea Scallop Framework 4.’’

Copies of Amendment 4, its

regulatory impact review and the initial

regulatory flexibility analysis, the final

supplemental environmental impact

statement, and the supporting

documents for Framework Adjustment 4

are available from Douglas Marshall,

Executive Director, New England

Fishery Management Council, Suntaug

Office Park, 5 Broadway, Saugus, MA

01906–1097.

FOR FURTHER INFORMATION CONTACT: Paul

H. Jones, NMFS, Fishery Policy Analyst,

508–281–9273.

SUPPLEMENTARY INFORMATION:

Background

The final rule for Amendment 4 to the

FMP was published on January 19, 1994

(59 FR 2757), with implementation for

most measures on March 1, 1994. The

amendment retained the FMP’s

objectives to: (1) Restore adult stock

abundance and age distribution; (2)

increase yield per recruit for each stock;

(3) evaluate plan research, development

and enforcement costs; and (4)

minimize adverse environmental

impacts on sea scallops.

Amendment 4 changed the primary

management strategy from a meat count

(size) control to effort control. The

amendment controls total fishing effort

through limited access permits and a

schedule of reductions in allowable

days-at-sea (DAS). Supplemental

measures include limits on increases in

vessel fishing power to control the

amount of fishing pressure and to help

control the size of scallops landed, gear

restrictions, and limits on the number of

crew members. Additionally, the

amendment includes a framework

procedure for adjusting the management

measures in the FMP. Initially, the

maximum crew size was set at nine.

In response to very high levels of

recruitment documented in the MidAtlantic resource area (Regional

Director’s Status Report, January 1994)

the New England Fishery Management

Council (Council) recommended

lowering the maximum crew-size limit

from nine to seven until December 31,

1994. NMFS concurred and through

Framework Adjustment 1, which was

published on July 19, 1994 (59 FR

36720), with an effective date of August

17, 1994, lowered the maximum crew

size from nine to seven until December

31, 1994.

Because the conditions that justified

lowering the maximum crew-size limit

to seven still exist, the Council

recommended extending the maximum

crew-size limit of seven through the end

of the 1995–96 scallop fishing year.

This framework action proposes to

lower the maximum crew size from nine

to seven through February 29, 1996, the

end of the 1995–96 scallop fishing year.

The expected impact of the proposed

seven-member crew limit was analyzed

in Amendment 4. There are two

possible ways for vessel operators to

respond to reduced crew limits. They

can try to fish for larger scallops, and if

catches are sufficient, land as much

weight of scallop meat as with a crew

of nine; or they can continue catching

and processing fewer small scallops; or

a combination of both. Either response

effectively reduces the number of

scallops harvested by a vessel per DAS.

For example, in the analysis done for

this framework adjustment, it is

estimated that a crew of seven can

shuck and process 900 lb (408.2 kg)

(meat weight) of scallops per DAS, at an

average of 45 meats per lb (0.453 kg). A

crew of nine, however, would be

capable of shucking 1,500 lb (680.4 kg).

Under ideal conditions, this impact

would translate into a 40 percent

reduction in fishing mortality of small

scallops.

The small scallops are less valuable

than large one, and the seven-man crew

limit will encourage boats to target the

larger scallops. The result will mean no

reduction in revenue.

By delaying harvest of these small

scallops and because of their rapid

growth rate, they will be available for

harvest in a larger, more valuable size

within a short time.

The adjustments being made through

the framework process

(§ 650.40) are within the scope of

analyses contained in Amendment 4

and the final supplemental

environmental impact statement.

Supplemental rationale and analyses of

expected biological effects, economic

impacts, impacts on employment, and

safety concerns are contained within the

supporting documents for Framework

Adjustments 1 and 4 (see ADDRESSES).

NMFS is proposing to adjust the

scallop regulations following the

procedure for framework adjustments

established by Amendment 4 and

codified in 50 CFR part 650, subpart C.

The Council followed this procedure

when making adjustments to the FMP,

by developing and analyzing the actions

over the span of a minimum of two

Council meetings, on October 26 and