27304 Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Rules and Regulations

Table I.—Stopping Sequence

1. Burnish.

2. Stops on a peak friction coefficient

surface of 0.5:

(a) With the vehicle at gross vehicle

weight rating (GVWR), stop the

vehicle from 30 mph using the

service brake, for a truck tractor

with a loaded unbraked control

trailer.

(b) With the vehicle at unloaded

weight plus up to 500 lbs., stop the

vehicle from 30 mph using the

service brake, for a truck tractor.

3. Manual adjustment of the service

brakes allowed for truck tractors,

within the limits recommended by

the vehicle manufacturer.

4. Other stops with vehicle at GVWR:

(a) 60 mph service brake stops on a

peak friction coefficient surface of

0.9, for a truck tractor with a loaded

unbraked control trailer, or for a

single-unit vehicle.

(b) 60 mph emergency brake stops on

a peak friction coefficient of 0.9, for

a single-unit vehicle. Truck tractors

are not required to be tested in the

loaded condition.

5. Parking brake test with the vehicle

loaded to GVWR.

6. Manual adjustment of the service

brakes allowed for truck tractors and

single-unit vehicles, within the limits

recommended by the vehicle

manufacturer.

7. Other stops with the vehicle at

unloaded weight plus up to 500

lbs.:

(a) 60 mph service brake stops on a

peak friction coefficient surface of

0.9, for a truck tractor or for a

single-unit vehicle.

(b) 60 mph emergency brake stops on

a peak friction coefficient of 0.9, for

a truck tractor or for a single-unit

vehicle.

8. Parking brake test with the vehicle at

unloaded weight plus up to 500 lbs.

9. Final inspection of service brake

system for condition of adjustment.

TABLE II.—STOPPING DISTANCE IN FEET

Vehicle speed in miles per hour

Service brake Emergency

brake

PFC

0.9

PFC

0.9

PFC

0.9

PFC

0.9 PFC

0.9

PFC

0.9

(1) (2) (3) (4) (5) (6)

20 ...................................................................................................................................... 32 35 38 40 83 85

25 ...................................................................................................................................... 49 54 59 62 123 131

30 ...................................................................................................................................... 70 78 84 89 170 186

35 ...................................................................................................................................... 96 106 114 121 225 250

40 ...................................................................................................................................... 125 138 149 158 288 325

45 ...................................................................................................................................... 158 175 189 200 358 409

50 ...................................................................................................................................... 195 216 233 247 435 504

55 ...................................................................................................................................... 236 261 281 299 520 608

60 ...................................................................................................................................... 280 310 335 355 613 720

Note: (1) Loaded and unloaded buses; (2) Loaded single unit trucks; (3) Unloaded truck tractors and single unit trucks; (4) Loaded truck tractors tested with an unbraked control trailer; (5) All vehicles except truck tractors; (6) Unloaded truck tractors.

TABLE III.—BRAKE RETARDATION

FORCE

Column 1

Brake Retardation Force,

GAWR

Column 2

Brake

Chamber

Pressure,

PSI

0.05 ........................................... 20

0.12 ........................................... 30

0.18 ........................................... 40

0.25 ........................................... 50

0.31 ........................................... 60

0.37 ........................................... 70

0.41 ........................................... 80

TABLE IV.—[RESERVED]

TABLE V.—BRAKE CHAMBER RATED

VOLUMES

Brake chamber type

(Nominal area of piston or diaphragm in

square inches)

Column 1

Full

stroke

(Inches)

Column 2

Rated

volume

(Cubic

Inches)

Type 9 ....................... 1.75/2.10 25

Type 12 ..................... 1.75/2.10 30

Type 14 ..................... 2.25/2.70 40

TABLE V.—BRAKE CHAMBER RATED

VOLUMES—Continued

Brake chamber type

(Nominal area of piston or diaphragm in

square inches)

Column 1

Full

stroke

(Inches)

Column 2

Rated

volume

(Cubic

Inches)

Type 16 ..................... 2.25/2.70 50

Type 18 ..................... 2.25/2.70 55

Type 20 ..................... 2.25/2.70 60

Type 24 ..................... 2.25/2.70 70

Type 30 ..................... 2.50/3.20 95

Type 36 ..................... 3.00/3.60 135

Issued on: May 23, 1996.

Barry Felrice,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 96–13557 Filed 5–30–96; 8:45 am]

BILLING CODE 4910–59–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 630

[Docket No. 960314073–6145–02; I.D.

030896E]

RIN 0648–AI23

Atlantic Swordfish Fishery; 1996

Quotas, Minimum Size, Adjustment

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

amend the regulations governing the

Atlantic swordfish fishery to: Reduce

the annual total allowable catch (TAC)

to 2,625 metric tons (mt) dressed weight

(dw) via a split season (June 1 - May 31),

decrease the minimum size to 73 cm (29

inches) cleithrum to caudal keel

measure, eliminate the trip allowance

for undersized fish, and make reporting

requirements consistent with the
Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Rules and Regulations 27305

current logbook program. The intent of

this action is to rebuild the swordfish

resource while allowing harvest of

swordfish consistent with

recommendations of the International

Commission for the Conservation of

Atlantic Tunas (ICCAT).

EFFECTIVE DATE: The rule is effective

June 4, 1996.

ADDRESSES: Copies of Biological

Opinions and a Final Environmental

Assessment/Regulatory Impact Review

(EA/RIR) supporting this action may be

obtained from Rebecca Lent, Highly

Migratory Species Management

Division, Office of Fisheries

Conservation and Management,

National Marine Fisheries Service, 1315

East-West Highway, Silver Spring, MD

20910. Comments regarding the burdenhour estimate or any other aspect of the

collection-of-information requirement

contained in this rule should be sent to

Rebecca Lent and to the Office of

Management and Budget (OMB), (0648–

0016), Attention: NOAA Desk Officer,

Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT:

Rebecca Lent, 301–713–2347; fax: 301–

713–0596.

SUPPLEMENTARY INFORMATION: The

Atlantic swordfish fishery is managed

under the Fishery Management Plan for

Atlantic Swordfish and its

implementing regulations at 50 CFR part

630 issued under the authority of the

Magnuson Fishery Conservation and

Management Act (16 U.S.C. 1801 et seq.)

and the Atlantic Tunas Convention Act

(ATCA) (16 U.S.C. 971 et seq.).

Regulations issued under the authority

of ATCA carry out the recommendations

of ICCAT.

Background information about the

need for revisions to Atlantic swordfish

fishery regulations was provided in the

proposed rule (61 FR 15212, April 5,

1996) and is not repeated here.

Management Measures

These regulatory changes will

improve NMFS’ ability to implement

the ICCAT recommendations and

further the management objectives for

the domestic swordfish fisheries:

1. TAC and Fishing Year Definition

NMFS changes the definition of the

fishing year for purposes of TAC

implementation to June 1 - May 31.

NMFS also decreases the annual TAC by

359 mt to 2,625 mt, which is consistent

with the 1994 ICCAT recommendation.

All weights are in dw of swordfish,

unless indicated otherwise. The TAC is

divided between a directed-fishery

quota of 2,371 mt and a bycatch quota

of 254 mt. The directed-fishery quota is

divided into two 1,185.5 mt semiannual

quotas for each of the 6-month periods,

June 1 through November 30, and

December 1 through May 31. Each of the

1,185.5 mt semiannual quotas is further

subdivided into a drift gillnet quota of

23.45 mt and a longline and harpoon

quota of 1,162.05 mt. The semiannual

TAC for the longline and harpoon

swordfish fishery is reduced by the

estimated semiannual dead discards of

97.6 mt to yield a landing quota of

1,064.44 mt for each of the two

semiannual periods.

Following a closure of the directed

longline fishery in any semiannual

period, any overharvest or underharvest

will be added to or subtracted from the

bycatch quota of 254 mt. The ability to

add or subtract underage or overage

ensures that the United States will abide

by the annual ICCAT quotas.

The special set-aside quota for

harpoon gear remains at 10 mt.

Due to the need to meet observer

coverage requirements for the drift

gillnet fishery, the starting date for this

gear type only, for their 1996 quota, is

delayed until July 1, 1996. Contracts,

research projects, and other

arrangements for observer coverage

necessary due to the Category I status of

the drift gillnet fishery could not be

modified in 1996 to accommodate the

revised starting date of June 1, 1996.

Thus, the first semiannual drift gillnet

quota will be applicable during the

period of July 1 - November 30, 1996,

and the second semiannual quota will

apply to the period of December 1, 1996

to May 31, 1997. The bridge period

quota (see below) will be applied for

drift gillnet vessels during the period of

January 1 - June 30, 1996. Thus, drift

gillnetters may fish prior to July 1, 1996,

subject to the bridge period quota,

which has not been reached to date. The

revised fishing year and semiannual

periods established herein for other

fishing categories will be applied for the

drift gillnet fishery beginning June 1,

1997.

2. Bridge Period TAC

A bridge period TAC is determined

for the first 5 months of 1996 at a level

equal to five twelfths of the 1995 U.S.

quota, which is equivalent to 1,149.5 mt

(106 mt bycatch, 1021 mt longline, and

22.5 mt drift gillnet). As discussed

above, drift gillnet vessels may continue

fishing through June 1996 as long as the

bridge period quota has not been filled.

3. Alternative Minimum Size

The final rule implements the ICCATrecommended alternative minimum size

of 119 cm (47 inches) lower jaw fork

length (LJFL) with zero tolerance for

undersized fish, meaning that no

swordfish less than this smaller

minimum size may be retained on board

fishing vessels. Therefore, the current

tolerance of undersized fish (15 percent

by number per trip) is eliminated. The

119 cm (47’’) LJFL is equivalent to a

cleithrum to caudal keel measure (CK)

of 73 cm (29 inches) or 15 kg (33 lb) dw.

4. Other Changes

Changes are made to the regulatory

text to make vessel reporting

requirements consistent with the

current logbook program.

Comments and Responses

1. Quota Reduction and Allocation

Comment: Most comments supported

the reduction in TAC as recommended

by ICCAT. There was some concern,

however, over the calculation of

discards, both in terms of the rate used

and the fact that only the United States

deducts this estimate from their

allowable catch.

Response: NMFS agrees that a

reduction in TAC to the level

recommended by ICCAT is not only

necessary under ATCA but also

desirable, given that current catch levels

exceed replacement yield. The longline

discard rate applied in setting the TAC

is identical to that used in 1995.

However, as data become available, this

discard rate could be revised to account

for the modification in the minimum

size. The United States reports

estimated longline discards of

undersized swordfish to ICCAT, and

had committed, for 1995 and 1996 only,

to reducing the TAC accordingly.

Comment: Some commenters felt that

the drift gillnet quota should be higher

given the number of participants and

the derby nature of the fishery. Another

commenter suggested that gear-specific

quotas be discontinued, to be replaced

with a fixed season for the driftnet

fishery of 2 months.

Response: The percentage share

allocated to the longline and drift gillnet

fishery is identical to that used in 1994

and 1995 and is based on the share of

total catch harvested by these user

groups in 1988. NMFS disagrees with

the suggestion of having a season for

drift gillnetting rather than a quota,

since this would only intensify the

derby-fishing nature of this gear

category, particularly since it is open

access.

2. Split Season

Comment: Some commenters agreed

with the split season as one option to

improve the economic condition of the

swordfish fishermen under declining
27306 Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Rules and Regulations

quotas. They indicated that, for the two

periods of high likelihood for a

swordfish longline directed fishery

closure, April/May are good months for

yellowfin tuna, while October/

November have historically been low

price months for swordfish.

Response: NMFS agrees that the new

semiannual periods might allow for the

best possible prices for swordfish catch,

which is particularly important to

mitigate decline in exvessel revenue

given the reduction in TAC.

Comment: Some commenters

expressed concern over the possible

increased interaction with bluefin tuna

and/or protected species given the

change in the fishing season.

Response: The swordfish longline

fishery has never been closed during the

months of June or July; therefore, it is

unlikely that the pattern of interaction

with bluefin or other bycatch species

would be modified by this change in the

fishing season. Fishing with the use of

drift gillnets in the first half of the

existing semiannual period generally

began in earnest around mid-June;

therefore, it is not evident that a June 1

starting date would modify the pattern

of protected species interaction.

However, given the need to meet

observer coverage requirements for the

drift gillnet fishery, the starting date for

this gear type for 1996 only is delayed

until July 1, 1996, to accommodate

arrangements already in place for this

year’s fishery. Thus, the semiannual

drift gillnet 1996 quota will be

applicable during the period of July 1 -

November 30, 1996, and the second

semiannual quota will hold during the

period of December 1, 1996 to May 31,

1997. The revised fishing year and

semiannual periods thus will be applied

for the drift gillnet fishery beginning

June 1, 1997, unless further information

and/or analyses received before that

date warrant a change in this regulation.

3. Revised Minimum Size

Comment: Some commenters felt that

the revised minimum size would lead to

decreased discards and facilitate

enforcement. Others felt that the

minimum size should be increased to 50

lb and/or the average weight at first

reproduction (80 kg round weight, or

132 lb dw). Some commenters also

suggested that fishers be allowed to

retain swordfish less than the minimum

size for their own consumption or for

charity purposes.

Response: NMFS agrees that

implementation of the alternative

minimum size could lead to a reduction

in the longline discard rate to the extent

that undersized fish that are now

harvested under the 15 percent

tolerance and/or discarded at sea are

within the new, lower minimum size

range. An increase in the minimum size

to 50 lb or 132 lbs (reproductive weight)

could lead to a significant increase in

the discard rate. Finally, retention of

swordfish less than the alternative

minimum size could be counter to the

ICCAT recommendation, with the

exception of the Second Harvest

program which has been approved by

ICCAT.

Comment: Several commenters

suggested that NMFS consider time-area

closures to reduce the catch of

undersized swordfish.

Response: Preliminary research

conducted by NMFS indicates certain

areas in which there is relatively higher

interaction with undersized swordfish.

However, a complete analysis should be

conducted on the potential time-area

closures and the impact of these

closures on the fishery. In addition, the

revised minimum size and fishing

season could have an effect on the rate

of small fish interaction. Time-area

closures may be considered in future

rulemaking if analysis warrants.

Comment: It was noted that the

ICCAT recommendation would facilitate

a possible ban on sale of swordfish

under the minimum size if a country

adopts the alternative minimum size

with zero tolerance. This would allow

the United States to halt the import of

undersized swordfish from Nations that

do not comply with the ICCAT

recommendation.

Response: NMFS agrees that a ban on

the sale of Atlantic swordfish under the

lower minimum size would facilitate

enforcement and ensure that ICCAT

conservation efforts are not hampered

by harvest and export to the United

States of undersized swordfish from

non-complying Nations. However, given

the considerable volume of domestic

and imported Pacific swordfish that is

handled nationwide, NMFS must

establish an enforceable system to

document shipments of swordfish

harvested outside the management unit.

Such a system is under consideration

but will require some time to comply

with Paperwork Reduction Act (PRA)

requirement. In the meantime, since

adoption of the alternative minimum

size will facilitate U.S. Atlantic

enforcement and may reduce the

discard rate, NMFS is implementing the

alternative minimum size.

4. Other

Comment: There were continued

comments regarding the need to allow a

14-day offloading period for swordfish

during a closure due to the market

effects of a sudden increase in landings.

Response: NMFS agrees that closure

dates can cause a market glut and lower

prices. However, even a 14-day

offloading window can cause such a

market glut, since vessels may have an

incentive to wait until the last day or

two of this window to sell their

swordfish. In addition, given that the

concern over sudden increase in supply

comes primarily from long-distance

vessels that tend to take longer trips,

there is concern about the effect of

further delaying the offloading on the

quality of the swordfish landed. Finally,

a 14-day window only would encourage

vessels to return to port at the last

minute, with possible consequences on

the catch rate in the final days, leading

to even earlier closure dates.

Comment: There were several

comments on issues that are beyond the

scope of this rule, including: Requiring

equal coverage for vessels of all gear

types, with a minimum of 50 percent

coverage; establishing target catch

criteria for swordfish bycatch during

closure of the directed fishery;

proposals to extend the fishing season;

allowing more than

30 days to comment on a proposed

rule; and monitoring the U.S. swordfish

catch in the south Atlantic.

Response: These issues are beyond

the scope of this rulemaking, the

primary purpose of which is to

implement the 1996 TAC via the split

season, along with revising the

minimum size. NMFS will consider the

comments above in future rulemaking.

With respect to the monitoring of

swordfish catch in the South Atlantic,

all U.S. permitted vessels are currently

subject to a reporting requirement,

including negative reporting.

Based on consideration of comments

received, only one change was made to

the proposed rule, notably the date of

effectiveness of the split season for the

drift gillnet fishery, as noted above.

Classification

This final rule is published under the

authority of ATCA. The Assistant

Administrator for Fisheries, NOAA has

determined that the regulations

contained in this rule are necessary to

implement the recommendations of

ICCAT and are necessary for

management of the Atlantic swordfish

fishery. The Assistant General Counsel

for Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration that the

proposed rule, if adopted, would not

have a significant economic impact on

a substantial number of small entities.

The 1996 TAC represents about a 12–

percent reduction from the TAC of the
Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Rules and Regulations 27307

previous year, which could result in

short-term potential losses in gross

revenue of about $3.2 million. However,

these potential losses will be at least

partially offset by increases in price due

to declining supply (demand is priceinelastic) and the split season. In

addition, pelagic longline vessels may

redirect fishing effort to Atlantic tunas,

dolphin fish, and other species, as

occurred in the 1995 season. As a result,

a regulatory flexibility analysis was not

prepared. The RIR provides further

discussion of the economic effects of the

rule.

This action has been determined to be

not significant for purposes of E.O.

12866.

NMFS has determined that there is

good cause to waive partially the 30-day

delay in the effective date normally

required by section 553(d) of the

Administrative Procedure Act. Since

this fishery is underway, early

implementation of the new TAC and

minimum size will ensure effective

implementation of the ICCAT

recommendations.

Notwithstanding any other provision

of law, no person is required to respond

to nor shall a person be subject to a

penalty for failure to comply with a

collection of information subject to the

requirements of the PRA unless that

collection of information displays a

currently valid OMB Control Number.

This final rule includes changes to the

regulatory text regarding vessel

reporting requirements in an effort to be

consistent with changes in the logbook

program. However, there are no new

collection-of-information requirements

since the proposed rule simply clarifies

requirements that have been approved

by the OMB under Control Number

0648–0016 in 15 CFR part 902. Public

reporting burden for this collection of

information is estimated to average 2

minutes for logbook records and trip

summaries.

These estimates include the time for

reviewing instructions, searching

existing data sources, gathering and

maintaining the data needed, and

completing and reviewing the collection

of information. Send comments

regarding this burden estimate or any

other aspects of this collection of

information, including suggestions for

reducing this burden, to NMFS and

OMB (see ADDRESSES).

NMFS issued biological opinions

under the Endangered Species Act on

September 1, 1995, and on February 2,

1996, indicating that the level of impact

and marine mammal takes from the

longline and harpoon, and drift gillnet

swordfish fishery is not likely to

jeopardize the continued existence of

any sea turtle species or any marine

mammal populations.

List of Subjects in 50 CFR Part 630

Fisheries, Fishing, Reporting and

recordkeeping requirements, Treaties.

Dated: May 24, 1996.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 630 is amended

as follows:

PART 630—ATLANTIC SWORDFISH

FISHERY

1. The authority citation for part 630

continues to read as follows:

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

U.S.C. 971 et seq.

2. In § 630.5, paragraph (a)(1) is

revised to read as follows:

§ 630.5 Recordkeeping and reporting.

(a) Fishing vessel reports. (1) The

owner and operator of a vessel for

which a vessel permit has been issued

under § 630.4 must ensure that a daily

logbook form is maintained of the

vessel’s swordfishing effort, catch, and

disposition on logbook forms available

from the Science and Research Director.

Such forms must be submitted to the

Science and Research Director

postmarked not later than the 7th day

after sale of the swordfish off-loaded

from a trip. If no fishing occurred during

a month, a report so stating must be

submitted in accordance with

instructions provided with the logbook

forms. Logbooks must be kept on board

the vessel at all times.

* * * * *

3. In § 630.7, paragraph (q) is revised

to read as follows:

§ 630.7 Prohibitions.

* * * * *

(q) Possess on board a vessel a

swordfish that is smaller than the

minimum size specified in § 630.23(a).

* * * * *

4. Section 630.20 is revised to read as

follows:

§ 630.20 Fishing Year.

The fishing year is June 1 through July

31.

5. In § 630.23, paragraph (b) is

removed, paragraphs (c) and (d) are

redesignated as paragraphs (b) and (c),

respectively, and the first sentence of

paragraph (a) and the last sentence of

newly designated paragraph (b) are

revised to read as follows:

§ 630.23 Harvest limitations.

(a) Minimum size. The minimum

allowable size for possession on board

a fishing vessel for a swordfish taken

from the management unit is 29 inches

(73 cm) carcass length, measured along

the body contour (i.e., a curved

measurement) from the cleithrum to the

anterior portion of the caudal keel (CK

measurement) or, if swordfish are

weighed, 33 lb (15 kg) dressed weight.

* * *

(b) * * * A shark-bit swordfish for

which the remainder of the carcass is

less than the minimum size limit

specified in paragraph (a) of this section

may not be landed.

* * * * *

6. In § 630.24, paragraphs (b)(1),

(d)(4), and (e) are revised, paragraph

(b)(2) is redesignated as paragraph

(b)(4), and new paragraphs (b)(2) and

(b)(3) are added to read as follows:

§ 630.24 Quotas.

* * * * *

(b) * * *

(1) The directed fishery quota for the

period January 1, 1996, through May 31,

1996, is 1,021 mt dressed weight for the

longline fishery, 22.5 mt dressed weight

for the drift gillnet fishery, and 106 mt

dressed weight for the bycatch fishery.

(2) The annual quota for the directed

fishery for swordfish is 2,371 mt dressed

weight, divided into two semiannual

quotas as follows:

(i) For the semiannual period June 1

through November 30:

(A) 23.45 mt dressed weight, that may

be harvested by drift gillnet.

(B) 1,162.05 mt dressed weight that

may be harvested by longline and

harpoon. To account for harvested fish

that are discarded dead, only 1064.44

mt dressed weight, may be landed in

this category.

(ii) For the semiannual period

December 1 through May 31:

(A) 23.45 mt dressed weight that may

be harvested by drift gillnet.

(B) 1,162.05 mt dressed weight that

may be harvested by longline and

harpoon. To account for harvested fish

that are discarded dead, only 1064.44

mt dressed weight may be landed in this

category.

(3) Notwithstanding any other

provision of this part, the sub-quotas for

the drift gillnet fishery for January 1 -

November 30, 1996, are available as

follows:

(i) For the period January 1 through

June 30, 22.5 mt dressed weight; and

(ii) For the period July 1 through

November 30, 23.45 mt dressed weight.

* * * * *

(d) * * *
27308 Federal Register / Vol. 61, No. 106 / Friday, May 31, 1996 / Rules and Regulations

(4) Any adjustments to the 12-month

directed-fishery quota will be

apportioned equally between the June 1

through November 30 and December 1

through May 31 semiannual periods.

* * * * *

(e) NMFS may adjust the December 1

through May 31 semiannual directedfishery quota and gear quotas to reflect

actual catches during the June 1 through

November 30 semiannual period,

provided that the 12-month directedfishery and gear quotas are not

exceeded.

* * * * *

7. In § 630.25, the second sentence of

paragraph (b) is revised to read as

follows:

§ 630.25 Closures and bycatch limits.

* * * * *

(b) * * * The procedures of paragraph

(a)(1) of this section notwithstanding,

during the June 1 through November 30

semiannual period, swordfish not

exceeding 21,500 lb (9,752 kg), dressed

weight, may be set aside for the harpoon

segment of the fishery. * * *

* * * * *

[FR Doc. 96–13690 Filed 5–28–96; 4:25 pm]

BILLING CODE 3510–22–F

50 CFR Part 672

[Docket No. 960228053–6142–02; I.D.

022296E]

RIN 0648–AI56

Groundfish of the Gulf of Alaska;

Pollock Seasonal Allowances

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues a final rule to

implement Amendment 45 to the

Fishery Management Plan for

Groundfish of the Gulf of Alaska (FMP).

This rule combines the third and fourth

quarterly allowances for pollock in the

three statistical areas of the combined

Western and Central (W/C) Regulatory

Area into single seasonal allowances

that will become available on September

1 of each fishing year. Changes to the

final 1996 harvest specifications of Gulf

of Alaska (GOA) pollock are also made

to reflect the revised seasonal

allowances. These measures are

necessary to address management

problems that have been identified by

the fishing industry. They are intended

to further the management objectives of

the FMP.

EFFECTIVE DATE: May 30, 1996.

ADDRESSES: Copies of Amendment 45

and the Environmental Assessment/

Regulatory Impact Review (EA/RIR)

prepared for Amendment 45 may be

obtained from the North Pacific Fishery

Management Council, 605 W. 4th Ave.

Suite #306, Anchorage, AK 99501.

FOR FURTHER INFORMATION CONTACT: Kent

Lind, (907) 586–7228.

SUPPLEMENTARY INFORMATION: The

pollock fishery in the exclusive

economic zone of the GOA is managed

by NMFS under the FMP. The FMP was

prepared by the North Pacific Fishery

Management Council (Council) under

the Magnuson Fishery Conservation and

Management Act (Magnuson Act) and is

implemented by regulations found at 50

CFR part 672. General regulations

governing U.S. fisheries are also found

at 50 CFR part 620.

Background

Amendment 45 removes the

requirement that the total allowable

catch (TAC) specified for pollock in

three statistical areas of the W/C

Regulatory Area be divided into four

equal quarterly allowances and replaces

it with more flexible language requiring

that the TACs be divided into seasonal

allowances rather than quarterly

allowances. Amendment 45 authorizes

NMFS to establish the number and

timing of seasonal allowances in

regulation. The Council’s objective in

adopting Amendment 45 was to allow

NMFS to combine by regulatory

amendment the third quarter (July 1)

and fourth quarter (October 1)

allowances for pollock in the statistical

areas of the W/C Regulatory Area into

single seasonal allowances that would

become available in September or

October.

The action has the following

objectives: (1) Reduced chum salmon

bycatch, which has been high during the

third quarter (July 1) opening; (2)

reduced scheduling conflicts with

summer salmon processing activities;

(3) reduced operating costs for industry;

and (4) reduced risk of harvest overruns

during extremely short openings.

Additional information on this action

may be found in the preamble to the

proposed rule published in the Federal

Register on March 12, 1996 (61 FR

9972) and the EA/RIR prepared for this

action. Public comment on the proposed

action was invited through April 22,

1996. NMFS received 11 written letters

of comment. The comments are

summarized and responded to below in

the response to comments section.

The only change from the proposed

rule is a modification in the opening

date for the Western Regulatory Area

from October 1 to September 1 for the

reasons stated below. This change is

reflected in § 672.23(e), which

establishes fishing seasons, and section

4 and table 3 of the final 1996 harvest

specifications.

At its January 1996 meeting, the

Council considered opening date

options of September 1, September 15,

and October 1 that would apply to the

third season in both the W/C Regulatory

Areas. However, the Council

subsequently recommended that NMFS

implement a modified proposal that

would establish separate third season

opening dates of September 1 in the

Central Regulatory Area and October 1

in the Western Regulatory Area. This

modified proposal was submitted to the

Council by a coalition of Bering Seabased processors and fishermen with

the intent of preserving the ability of

Bering Sea-based vessels to fish in the

Western Regulatory Area after the

closure of the Bering Sea pollock nonroe season. The proposed rule included

these separate opening dates as

recommended by the Council.

Based on changing circumstances in

the pollock fishery and information

submitted during the comment period

on the proposed rule, NMFS has

changed the final rule from the

proposed rule to reflect a single opening

date of September 1 for both the W/C

Regulatory Areas. The reasons for this

change are as follows: First, the Council

at its April 1996 meeting made a final

recommendation that NMFS delay the

start of the Bering Sea pollock non-roe

season from August 15 to September 1

for both the inshore and offshore

sectors. If approved, this regulatory

amendment would become effective for

the 1996 pollock non-roe season. In

1995 the inshore sector Bering Sea

pollock non-roe season lasted 39 days

and NMFS expects the 1996 season to

last approximately as long. Delaying the

Bering Sea pollock non-roe season until

September 1 is likely to extend the

season into the first or second week of

October. Consequently, NMFS believes

that an October 1 opening date for the

Western Regulatory Area no longer

holds any particular advantage for the

Bering Sea-based fleet, which was the

only sector of the industry that

supported this particular opening date.

Second, NMFS has received extensive

written comments from Western

Regulatory Area-based fishermen and

processors who oppose an October 1

opening date for the Western Regulatory

Area for safety reasons. This sector of

the industry suggests that because

weather conditions are likely to be

worse in October, an October 1 opening

date will pose greater safety risks for