Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations 12483

the implementation of section 112(g)

and title V. The scope of this approval

is narrowly limited to section 112(g) and

does not confer or imply approval for

purposes of any other provision under

the Act, for example, section 110. The

duration of this approval is limited to 18

months following promulgation by EPA

of section 112(g) regulations, to provide

Illinois adequate time for the State to

adopt any necessary regulations

consistent with the Federal

requirements.

III. Administrative Requirements

A. Docket

Copies of the State’s submittal and

other information relied upon for the

final interim approval, including four

public comments received and reviewed

by EPA on the proposal, are contained

in a docket maintained at the EPA

Regional Office. The docket is an

organized and complete file of all the

information submitted to, or otherwise

considered by, EPA in the development

of this final interim approval. The

docket is available for public inspection

at the location listed under the

ADDRESSES section of this document.

B. Executive Order 12866

The Office of Management and Budget

has exempted this action from Executive

Order 12866 review.

C. Regulatory Flexibility Act

The EPA’s actions under section 502

of the Act do not create any new

requirements, but simply address

operating permits programs submitted

to satisfy the requirements of 40 CFR

Part 70. Because this action does not

impose any new requirements, it does

not have a significant impact on a

substantial number of small entities.

D. Effective Date

An administrative agency engaging in

rulemaking must comport with the

requirements of section 553 of the

Administrative Procedures Act (5

U.S.C.A., chapter 5). Section 553

requires that an agency allow at least 30

days from the date of publication before

the effective date of a substantive

rulemaking. If, however, good cause can

be shown, then the agency may impose

an effective date of less than 30 days

after publication. Good cause exists to

initiate an effective date less than 30

days after publication when it is in the

public interest and the shorter time

period does not cause prejudice to those

regulated by the rule. British American

Commodity Options Corp. v. Bagley, 552

F.2d 482, at 488–89 (1977). For the

reasons explained below, EPA believes

that good cause exists for the effective

date of Illinois’ CAAPP to be the date of

publication of this rulemaking.

An immediate effective date is in the

public’s interest for several reasons. The

requirement for sources to submit

CAAPP applications to the State is

contingent in the Illinois regulations

upon the effective date of the program,

not the date of publication. All sources

subject to title V in Illinois must submit

their title V applications to the state

within one year of the effective date of

the State’s program. Likewise, the

collection of fees, hiring of permit

engineers and analysis of applicants’

permits cannot begin until the State’s

program is effective. Illinois’ program,

therefore, should be adopted without

any further delay inasmuch as the

public has been without the protection

of this comprehensive regulatory

program and because any further delay

would not serve the public interest.

Although it is in the public’s interest

to commence Illinois’ title V program

upon the date of publication, EPA must

ensure that this action will not have any

prejudicial effects upon the regulated

community. Rowell v. Andrus, 631 F.2d

699, at 702–703 (1980). For example,

EPA must ensure that the regulated

community has sufficient notice of this

rulemaking and ample opportunity to

comment. EPA believes that all

interested parties have had sufficient

notice of this rulemaking and ample

time to comment. The development of

the State’s CAAPP occurred over the last

few years. As such, it contains a

combination of legislation and

regulations. These regulations were all

previously subjected to public comment

at the State level. The State’s legislation

has been effective and fully enforceable

as a matter of State law since September

26, 1992, and the first set of State

CAAPP regulations became effective on

June 10, 1993. Illinois’ CAAPP program,

therefore, has been fully effective and

enforceable as a matter of State law for

over the past year. In addition, EPA also

subjected these same regulations and

legislation to public comment when it

published its proposed interim approval

of the State’s CAAPP on September 30,

1994. From the preceding facts, it is

obvious that all interested parties have

had ample time both to participate in

the rulemaking process and to ready

themselves to comply with this

program.

List of Subjects in 40 CFR Part 70

Environmental Protection,

Administrative practice and procedure,

Air pollution control, Intergovernmental

relations, Operating permits, Reporting

and recordkeeping requirements.

Dated: February 24, 1995.

Valdas V. Adamkus,

Regional Administrator.

40 CFR part 70 is amended as follows:

PART 70—[AMENDED]

1. The authority citation for part 70

continues to read as follows:

Authority: 42 U.S.C. sections 7401 et seq.

2. Appendix A to part 70 is amended

by adding the entry for Illinois in

alphabetical order to read as follows:

Appendix A to Part 70—Approval

Status of State and Local Operating

Permits Programs

* * * * *

Illinois

(a) The Illinois Environmental Protection

Agency: submitted on November 15, 1993;

interim approval effective on March 7, 1995;

interim approval expires March 7, 1997.

(b) Reserved

* * * * *

[FR Doc. 95–5516 Filed 3–6–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AC28

Endangered and Threatened Wildlife

and Plants; Determination of

Threatened Status for Gesneria

pauciflora

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Final rule.

SUMMARY: The Service determines

Gesneria pauciflora (no common name)

to be a threatened species pursuant to

the Endangered Species Act (Act) of

1973, as amended. This small shrub is

endemic to Puerto Rico, where only

three populations are known to exist in

the western mountains in the

municipalities of Maricao and Sabana

Grande. The species is threatened by the

potential for natural disasters and

modification of its highly restricted

habitat. This final rule extends the Act’s

protection and recovery provisions to

Gesneria pauciflora.

EFFECTIVE DATE: April 6, 1995.

ADDRESSES: The complete file for this

rule is available for inspection, by

appointment, during normal business

hours, at the Caribbean Field Office,

U.S. Fish and Wildlife Service, P.O. Box
12484 Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations

491, Boquero ́n, Puerto Rico 00622; and

at the Service’s Southeast Regional

Office, 1875 Century Boulevard,

Atlanta, Georgia 30345.

FOR FURTHER INFORMATION CONTACT: Ms.

Susan Silander at the Caribbean Field

Office address (809/851–7297).

SUPPLEMENTARY INFORMATION:

Background

Gesneria pauciflora is a small shrub

currently known from only three

populations in the western mountains of

Puerto Rico. It was discovered by the

German botanical collector Paul

Sintenis on December 3, 1884, at

‘‘Indiera Fria’’ in Maricao, Puerto Rico.

Numerous other botanists collected the

plant from this same location

throughout the years. A second

population was discovered recently in

the municipality of Sabana Grande, near

the headwaters of the Seco River and a

third from a small tributary of the Lajas

River. Herbarium specimens indicate

that the species has also been collected

in the past from the Yaguez River and

from Cerro Las Mesas (D. Kolterman and

G. Breckon, pers. comm.). Population

estimates are difficult due to the plant’s

habit of growing in dense mats;

however, the largest population

(Maricao River) has been estimated at

approximately 1,000 individuals and

the second (Seco River) at 50 (Proctor

1991; CPC 1992). Plants are known to

occur in clusters of few to numerous

individuals. Each population consists of

clusters or colonies of individuals. D.

Kolterman and G. Breckon (pers.

comm.) have indicated that the

population of the Maricao River consists

of 12 colonies; the Seco River of 3; and

the Lajas River of 2.

Gesneria pauciflora is a small

gregarious shrub which may reach 30

centimeters in height and 8 millimeters

in diameter. Stems may be erect or

decumbent and the bark is smooth, graybrown, and glabrous. The leaves are

alternate and the terete or flattened

petioles are from 2 to 7 millimeters long.

Leaf blades are shaped like a narrow

trowel, 2.8 to 9.2 centimeters long and

.9 to 2.3 centimeters wide, membranous,

dark green and glossy above, and pilose

along the prominent veins. The margin

is subentire toward the cuneate base and

serrate to sublobate above. The

inflorescences are one to few-flowered

and the peduncles from 6.1 to 15.3

centimeters long and slightly curved.

The pedicels are 1 to 2 centimeters long,

reddish-brown, and pilose to

glabrescent. The corolla is tubular,

curved, 2 to 2.3 centimeters long, 4

millimeters wide at the base, narrowing

to 3 millimeters but widening to 5

millimeters at the middle and again

narrowing to 4 millimeters at the mouth.

The 5-lobed corolla is yellow to yelloworange and densely pilose outside but

glabrous inside. The fruit is a capsule,

approximately 4 millimeters long and

wide, gray-brown, glabrescent, with 5 to

10 not prominent ridges (Proctor 1991).

At all known localities the species is

found growing in rocky stream beds on

wet serpentine rock, where water is

constantly seeping. The plants may be

submerged for a short time during

periods of high water (D. Kolterman and

G. Breckon, pers. comm.). The Maricao

and Seco River localities are found

within the Maricao Commonwealth

Forest, managed by the Puerto Rico

Department of Natural and

Environmental Resources. However, the

Lajas River population lies at the edge

of the forested area and it is not certain

whether the site falls within

Commonwealth Forest property (D.

Kolterman and G. Breckon, pers.

comm.). The largest population is

located in an area of steep unstable

slopes and may be threatened by

landslides and flood damage. Forest

management practices such as trail

construction may adversely affect the

species. The Center for Plant

Conservation (1992) assigned Gesneria

pauciflora a priority 1 ranking,

indicating that the plant could possibly

go extinct in the wild within the next 5

years.

Previous Federal Action

Gesneria pauciflora was

recommended for Federal listing by the

Smithsonian Institution (Ayensu and

DeFilipps 1978). The species was

included among the plants being

considered as endangered or threatened

by the Service as published in the

Federal Register notice of review dated

December 15, 1980 (45 FR 82480); the

November 28, 1983 update (48 FR

53680), the revised notice of September

27, 1985 (50 FR 39526), and the

February 21, 1990 (55 FR 6184) and

September 30, 1993 (58 FR 51144)

notices of review. The species was

designated as a category 1 species

(species for which the Service has

substantial information supporting the

appropriateness of proposing to list

them as endangered or threatened) in

the notices of review published on

February 21, 1990, and September 30,

1993.

In a notice published in the Federal

Register on February 15, 1983 (48 FR

6752), the Service reported the earlier

acceptance of the new taxa in the

Smithsonian’s 1978 book as under

petition within the context of Section

4(b)(3)(A) of the Act, as amended in

1982. Beginning in October 1983, and in

each October thereafter, the Service

found that listing Gesneria pauciflora

was warranted but precluded by other

pending listing actions of a higher

priority, and that additional data on

vulnerability and threats were still being

gathered. A proposed rule to list

Gesneria pauciflora, published on

February 18, 1994 (59 FR 8165),

constituted the final 1-year finding for

the species in accordance with Section

4(b)(3)(B)(ii) of the Act.

Summary of Comments and

Recommendations

In the February 18, 1994, proposed

rule and associated notifications, all

interested parties were requested to

submit factual reports of information

that might contribute to the

development of a final rule. Appropriate

agencies of the Commonwealth of

Puerto Rico, Federal agencies, scientific

organizations, and other interested

parties were contacted and requested to

comment. A newspaper notice inviting

general comment was published in the

‘‘El Dia’’ on March 18, 1994. Four letters

of comment were received and

discussed below. A public hearing was

neither requested nor held.

The Puerto Rico Department of

Natural and Environmental Resources,

both the Terrestrial Ecology Section and

the Natural Heritage Program, supported

the listing of the species as threatened.

The Puerto Rico Planning Board

stated that although they did not have

any proposed projects before them at

this time that might affect the species,

they would circulate the information

within the agency in order that it could

be considered upon receipt of projects.

Dr. Duane Kolterman and Dr. Gary

Breckon provided additional

information on a recently discovered

population along a tributary of the Lajas

River in or near the Maricao

Commonwealth Forest as well as on

historical records, biological

information and threats. They state that

survival of the colonies is dependent on

water flow, water level, siltation and

land slippage and that any major

clearing or water removal upstream or

water impoundment downstream may

potentially harm the species. They

stated that because of the absence of a

management program in the

Commonwealth Forest and the apparent

loss of the species at two historical

collection sites, the species should be

designated as endangered rather than

threatened. The Service, however,

believes that current threats to the

species are not imminent and that a

classification of threatened is more

appropriate.
Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations 12485

Summary of Factors Affecting the

Species

After a thorough review and

consideration of all information

available, the Service has determined

that Gesneria pauciflora should be

classified as a threatened species.

Procedures found at section 4(a)(1) of

the Act and regulations implementing

the listing provisions of the Act (50 CFR

part 424) were followed. A species may

be determined to be endangered or

threatened due to one or more of the

five factors described in section 4(a)(1).

These factors and their application to

Gesneria pauciflora are as follows:

A. The present or threatened

destruction, modification, or

curtailment of its habitat or range.

Gesneria pauciflora is known from only

three populations in western Puerto

Rico. Although at least two of the

populations are found within the

Maricao Commonwealth Forest, a

management plan for the Forest has not

been prepared. Activities within the

Forest may increase the potential for

erosion of the steep unstable slopes

where the species occurs. Management

practices such as trail construction may

directly affect the species. Because the

plant has not been found more than 1

meter above or away from the water, any

water removal upstream or water

impoundment downstream may

adversely affect this plant (D. Kolterman

and G. Breckon, pers. comm.). Due to

water shortages experienced by the

whole island, the number of proposed

water intakes has increased, which

would result in a lower flow of water.

B. Overutilization for commercial,

recreational, scientific, or educational

purposes. Although an attractive plant,

taking for these purposes has not been

a documented factor in the decline of

this species.

C. Disease or predation. Disease and

predation have not been documented as

factors in the decline of this species.

D. The inadequacy of existing

regulatory mechanisms. The

Commonwealth of Puerto Rico has

adopted a regulation that recognizes and

provides protection for certain

Commonwealth listed species. However,

Gesneria pauciflora is not yet on the

Commonwealth list. Federal listing will

provide immediate protection and,

when the species is ultimately placed

on the Commonwealth list, enhance its

protection and possibilities for funding

needed research.

E. Other natural or manmade factors

affecting its continued existence. One of

the most important factors affecting the

continued survival of this species is its

limited distribution. Because so few

individuals are known to occur in a

limited area, the magnitude of threat is

extremely high. Landslides, floods and

storm damage are natural occurrences

that may affect the steep, unstable

slopes associated with the species’

habitat.

The Service has carefully assessed the

best scientific and commercial

information available regarding the past,

present, and future threats faced by this

species in determining to propose this

rule. Based on this evaluation, the

preferred action is to list Gesneria

pauciflora as threatened. Three

populations are currently known, the

largest one of which may contain as

many as 1,000 individuals; however, at

least two occur on land managed by the

Commonwealth. Although limited in

distribution, the species does not appear

to be in imminent danger of becoming

extinct. Therefore, threatened rather

than endangered status seems an

accurate assessment of the species’

condition. The reasons for not

proposing critical habitat for this

species are discussed below in the

‘‘Critical Habitat’’ section.

Critical Habitat

Section 4(a)(3) of the Act, as

amended, requires that, to the maximum

extent prudent and determinable, the

Secretary propose critical habitat at the

time the species is proposed to be

endangered or threatened. The Service’s

regulations (50 CFR 424.12(a)(1) state

that designation of critical habitat is not

prudent when one or both of the

following situations exist: (i) The

species is threatened by taking or other

human activity, and identification of

critical habitat can be expected to

increase the degree of such threat to the

species, or (ii) Such designation of

critical habitat would not be beneficial

to the species.

The Service finds that designation of

critical habitat is not prudent for this

species due to the potential for taking

and vandalism. The number of

individuals of Gesneria pauciflora is

sufficiently small that vandalism and

collection could seriously affect the

survival of the species. Publication of

critical habitat descriptions and maps in

the Federal Register would increase the

likelihood of such activities. The

Service believes that Federal

involvement in the areas where these

plants occur can be identified without

the designation of critical habitat. All

involved parties and landowners have

been notified of the location and

importance of protecting this species’

habitat. Protection of this species’

habitat will also be addressed through

the recovery process and through the

Section 7 jeopardy standard.

Available Conservation Measures

Conservation measures provided to

species listed as endangered or

threatened under the Endangered

Species Act include recognition,

recovery actions, requirements for

Federal protection, and prohibitions

against certain practices. Recognition

through listing encourages and results

in conservation actions by Federal,

Commonwealth, and private agencies,

groups and individuals. The

Endangered Species Act provides for

possible land acquisition and

cooperation with the Commonwealth,

and requires that recovery actions be

carried out for all listed species. Such

actions are initiated by the Service

following listing. The protection

required of Federal agencies and the

prohibitions against certain activities

involving listed plants are discussed, in

part, below.

Section 7(a) of the Act, as amended,

required Federal agencies to evaluate

their actions with respect to any species

that is proposed or listed as endangered

or threatened and with respect to its

critical habitat, if any is being

designated. Regulations implementing

this interagency cooperation provision

of the Act are codified at 50 CFR part

402. Section 7(a)(2) requires Federal

agencies to ensure that activities they

authorize, fund, or carry out are not

likely to jeopardize the continued

existence of a such a species or to

destroy or adversely modify its critical

habitat. If a Federal action may affect a

listed species or its critical habitat, the

responsible Federal agency must enter

into formal consultation with the

Service. No critical habitat is being

proposed for Gesneria pauciflora, as

discussed above. Federal involvement

may occur through the use of federal

funds (U.S. Department of Agriculture)

for forest management practices.

The Act and its implementing

regulations set forth a series of general

prohibitions and exceptions that apply

to all threatened plants. All prohibitions

of section 9(a)(2) of the Act,

implemented by 50 CFR 17.71, apply.

These prohibitions, in part, make it

illegal for any person subject to the

jurisdiction of the United States to

import or export any threatened plant,

transport it in interstate or foreign

commerce in the course of commercial

activity, sell or offer it for sale in

interstate or foreign commerce, or

remove and reduce to possession the

species from areas under Federal

jurisdiction. Seeds from cultivated

specimens of threatened plant species
12486 Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations

are exempt from these prohibitions

provided that a statement of ‘‘cultivated

origin’’ appears on their containers. In

addition, for plants listed as

endangered, the Act prohibits the

malicious damage or destruction on

areas under Federal jurisdiction and the

removal, cutting, digging up, or

damaging or destroying of endangered

plants in knowing violation of any

Commonwealth law or regulation,

including Commonwealth criminal

trespass law. Certain exceptions apply

to agents of the Service and

Commonwealth conservation agencies.

Section 4(d) of the Act allows for the

provision of such protection to

threatened species through regulation.

The Act and 50 CFR 17.72 also

provide for the issuance of permits to

carry out otherwise prohibited activities

involving threatened species under

certain circumstances. Such permits are

available for scientific purposes and to

enhance the propagation or survival of

the species. For threatened plants,

permits also are available for botanical

or horticultural exhibition, educational

purposes, or special purposes consistent

with the purposes of the Act.

It is the policy of the Service

published in the Federal Register on

July 1, 1994 (59 FR 34272), to identify

to the maximum extent practicable at

the time of listing those activities that

would or would not constitute a

violation of section 9 of the Act. The

intent of this policy is to increase public

awareness of the effect of the listing on

proposed or ongoing activities. Two of

the three known populations of

Gesneria pauciflora are located in the

Maricao Commonwealth Forest. The

third population lies on the border of

the Maricao Forest and the ownership of

this site is uncertain. Since there is no

Federal ownership, and the species is

not currently in trade, the only potential

section 9 involvement would relate to

removing or damaging the plant in

knowing violation of Commonwealth

law, or in knowing violation of

Commonwealth criminal trespass law.

Section 15.01(b) of the Commonwealth

‘‘Regulation to Govern the Management

of Threatened and Endangered Species

in the Commonwealth of Puerto Rico,’’

states ‘‘It is illegal to take, cut, mutilate,

uproot, burn or excavate any

endangered plant species or part thereof

within the jurisdiction of the

Commonwealth of Puerto Rico.’’ The

Service is not aware of any otherwise

lawful activities being conducted or

proposed by the public that will be

affected by this listing and result in a

violation of section 9.

Questions regarding whether specific

activities will constitute a violation of

section 9 should be directed to the Field

Supervisor of the Service’s Caribbean

Office (see ADDRESSES section). Requests

for copies of the regulations on listed

species and inquiries regarding

prohibitions and permits may be

addressed to the U.S. Fish and Wildlife

Service, Regional Permit Coordinator,

1875 Century Boulevard, Suite 200,

Atlanta, Georgia 30345 (404/697–7110).

National Environmental Policy Act

The Fish and Wildlife Service has

determined that an Environmental

Assessment, as defined under the

authority of the National Environmental

Policy Act of 1969, need not be

prepared in connection with regulations

adopted pursuant to Section 4(a) of the

Endangered Species Act of 1973, as

amended. A notice outlining the

Service’s reasons for this determination

was published in the Federal Register

on October 25, 1983 (48 FR 49244).

References Cited

Ayensu, E.S., and R.A. DeFilipps. 1978.

Endangered and threatened plants of the

United States. Smithsonian Institution

and World Wildlife Fund, Washington,

D.C. xv + 403 pp.

Center for Plant Conservation. 1992. Report

on the rare plants of Puerto Rico. Center

for Plant Conservation, Missouri

Botanical Garden, St. Louis, Missouri.

Proctor, G. R. 1991. Status report on Gesneria

pauciflora Urban. In Puerto Rican plant

species of special concern: status and

recommendations. Publicacion Cientifica

Miscelanea No. 2, Department of Natural

Resources, San Juan, Puerto Rico.

Author

The primary author of this final rule

is Ms. Susan Silander, Caribbean Field

Office, U.S. Fish and Wildlife Service,

P.O. Box 491, Boquero ́n, Puerto Rico

00622 (809/851–7297).

List of Subjects in 50 CFR Part 17

Endangered and threatened species,

Exports, Imports, Reporting and

recordkeeping requirements, and

Transportation.

Regulation Promulgation

Accordingly, part 17, subchapter B of

chapter I, title 50 of the Code of Federal

Regulations is amended as set forth

below:

PART 17—[AMENDED]

1. The authority citation for part 17

continues to read as follows:

Authority: 16 U.S.C. 1361–1407; 16 U.S.C.

1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99–

625, 100 Stat. 3500; unless otherwise noted.

2. Section 17.12(h) is amended by

adding the following, in alphabetical

order under flowering plants, to the list

of Endangered and Threatened Plants:

§ 17.12 Endangered and threatened plants.

* * * * *

(h) * * *

Species

Historic range Family name Status When listed Critical habitat

Special

rules Scientific name Common name

FLOWERING PLANTS

* * * * * * *

Gesneria pauciflora . None ....................... USA (PR) ............... Gesneriaceae ....... T 578 NA NA

* * * * * * *
Federal Register / Vol. 60, No. 44 / Tuesday, March 7, 1995 / Rules and Regulations 12487

Dated: February 15, 1995.

Mollie H. Beattie,

Director, Fish and Wildlife Service.

[FR Doc. 95–5508 Filed 3–6–95; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 675

[Docket No. 950206040–5040–01; I.D.

022895D]

Groundfish of the Bering Sea and

Aleutian Islands Area; Inshore

Component Pollock Fishery in the

Bering Sea Subarea

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing the directed

fishery for pollock by vessels catching

pollock for processing by the inshore

component in the Bering Sea subarea

(BS) of the Bering Sea and Aleutian

Islands management area (BSAI). This

action is necessary to prevent exceeding

the first allowance of the pollock total

allowable catch (TAC) for the inshore

component in this area.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), March 1, 1995, until 12

noon, A.l.t., August 15, 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 first seasonal allowance of pollock

for the inshore component in the BS

was established by the final groundfish

specifications (60 FR 8479, February 14,

1995) as 167,344 metric tons (mt).

The Director, Alaska Region, NMFS

(Regional Director), has determined in

accordance with § 675.20(a)(8), that the

first allowance of pollock TAC for the

inshore component in the BS soon will

be reached. Therefore, the Regional

Director has established a directed

fishing allowance of 162,344 mt with

consideration that 5,000 mt will be

taken as incidental catch in directed

fishing for other species in the BS.

Consequently, NMFS is prohibiting

directed fishing for pollock by vessels

catching pollock for processing by the

inshore component in the BS.

Directed fishing standards for

applicable gear types may be found in

the regulations at § 675.20(h).

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: March 1, 1995.

David S. Crestin,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–5434 Filed 3–1–95; 3:56 pm]

BILLING CODE 3510–22–F