Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Proposed Rules 2477

measured using samples drawn when

sacrificed.

(3) Typical Test Analyses.

Any mortality, reproductive

inhibition or effects on the previously

mentioned physiological parameters by

the candidate shot and/or coating must

not be significantly greater that those

caused by steel shot. Percentage data

will be subjected to an arcsine, square

root transformation prior to statistical

analyses. Physiological and

reproductive data will be analyzed by

one-tailed t-tests (α=0.05), or other

appropriate statistical procedures.

Procedures should be in compliance

with the Good Laboratory Practice

Standards (40 CFR Part 160). The

applicant will ensure that copies of all

raw data and statistical analyses

accompany the lab analyses and

comprehensive reports of this test when

they are sent to the Director.

(ii) After the Tier 3 testing is

concluded, the applicant will report the

results to the Director. Submitted

materials will include test results (data

analysis reports, lab data) and a written

final report. If after review of the Tier 3

test data (to be completed 60 days after

receipt of material) the Service

determines that the information does

not conclusively establish that the shot

and/or coating material do not impose a

significant danger to migratory birds

and other wildlife and their habitats, or

that significant data are incomplete, the

applicant will be given the option of

repeating the tests in Tier 3 that were

deemed inconclusive. If the applicant

chooses not to repeat the tests, approval

of the candidate shot and/or coating will

be denied. The public will be informed

by a Notice of Review that Tier 3 test

results are inconclusive and of the

applicant’s decision not to repeat Tier 3

testing. The publication will state that

approval of candidate shot and/or

coating is denied.

(iii) If review of either the initial or

repeated Tier 3 test data results in a

preliminary determination that the

candidate materials do not impose a

significant danger to migratory birds

and other wildlife and their habitats, the

Director will publish in the Federal

Register a proposed rule stating the

Service’s intention to approve this shot

and/or coating. The rulemaking will

include a description of chemical

composition of the candidate shot and/

or coating and a synopsis of findings

under the standards required by Tier 3.

If at the end of the comment period, the

Service finds no technical or scientific

basis upon which to deny approval, the

candidate shot and/or coating material

will be approved by publication of a

final rule in the Federal Register. If, as

a result of the comment period the

Service determines that the information

does not conclusively establish that the

shot and/or coating material do not

impose a significant danger to migratory

birds and other wildlife and their

habitats, the applicant will be given an

opportunity to answer the concerns

expressed by the comments with

additional testing. The decision to

conduct additional testing will be

published as a Notice of Review. If the

applicant chooses not to proceed, the

final determination denying approval

will be published in the Federal

Register.

(iv)(A) The Tier 2 toxicity tests

involving invertebrates and early-life

stage vertebrates are intended to assess

potential impacts on waterfowl habitat.

The three toxicity tests with waterfowl

described in Tiers 2 and 3 represent an

evaluation of the three major categories

of toxic effects: short-term periodic

exposure; chronic exposure under

adverse environmental conditions; and

chronic exposure impact on

reproduction. In the appropriate

situations, the test animals will be

exposed to the candidate material: both

acutely and chronically; both stressed

and non-stressed by diet and

temperature; and with comparisons

made to lead and steel shot regarding

mortality and sublethal effects. The

inclusion of lead shot and steel shot

control groups in the waterfowl feeding

studies is considered necessary for

dealing with the experimental

variability associated with tests being

performed by different laboratories

under a variety of conditions beyond

control of the experimental protocol.

Toxicity tests described in this rule are

designed for testing the effects of metal

or metalloid shot. The details of the

experimental procedures can be

modified, if necessary, to address the

specific composition and erosion

characteristics of the candidate shot. If

the candidate shot is not metal or

metalloid, other testing procedures will

have to be developed and approved to

evaluate the effects of the components

of the candidate shot and/or coating

materials.

(B) Statistical analyses will be

performed on all data from each test.

For the purpose of this section (20.134)

the terms significant and significantly

refer to a (P≤0.05) finding of

significance.

Dated: October 25, 1995.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–1179 Filed 1–25–96; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 646

[I.D. 011696E]

Snapper-Grouper Fishery of the South

Atlantic; Public Scoping Meetings

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Public scoping meetings.

SUMMARY: The South Atlantic Fishery

Management Council (Council) is

holding two public scoping meetings to

solicit comments on the sale of fish (all

species) caught under the recreational

bag limits established by the Council’s

fishery management plans (FMPs) and

on the issue of recreational catch and

the commercial bycatch of wreckfish

under the Fishery Management Plan for

the Snapper-Grouper Fishery of the

South Atlantic (Snapper-Grouper FMP).

DATES: The public scoping meetings are

scheduled to begin at 6:30 p.m. on

Monday, February 12, 1996, in St.

Augustine, FL, and will end when all

business is completed.

ADDRESSES: The public scoping

meetings will be held in conjunction

with the South Atlantic Fishery

Management Council public meetings to

be held February 12–14, 1996, at the

Ponce de Leon, 4000 US Highway 1

North, St. Augustine, FL 32095;

telephone: (800) 228–2821.

Requests for copies of public scoping

documents should be sent to the

Council at the following address: South

Atlantic Fishery Management Council,

One Southpark Circle, Suite 306,

Charleston, SC 29407–4699.

FOR FURTHER INFORMATION CONTACT:

Robert K. Mahood, Council Executive

Director; telephone: (803) 571–4366; fax:

(803) 769–4520.

SUPPLEMENTARY INFORMATION: At the first

scoping meeting, comments will be

solicited on the sale of fish caught under

the recreational bag limits for all species

as established by the Council’s FMPs.

The Council has considered this issue

on numerous occasions over the past

several years, and both commercial and

recreational fishermen have expressed

concern about this matter. Currently, all

of the Council’s FMPs allow for the sale

of fish taken in a legal bag limit. The

issue regarding the sale of fish caught

under bag limits involves several

considerations, including: (1) The

definitions of recreational and
2478 Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Proposed Rules

commercial fishermen, (2) the ethical

question of a ‘‘recreational’’ fisherman

selling his catch, and (3) the impacts of

selling fish caught under a recreational

bag limit on an established commercial

quota for the same species. The Council

will consider prohibiting the sale of fish

caught by recreational fishermen. The

Council is inviting, and will consider,

the views of recreational and

commercial fishermen and other

interested persons on this matter prior

to taking any formal and final action.

The Council is particularly interested in

hearing about the possible impacts of

prohibiting the sale of recreationally

caught fish.

At the second scoping meeting,

comments will be solicited on wreckfish

caught by recreational fishermen and on

the commercial bycatch of wreckfish

outside of the Blake Plateau.

Amendments 3 and 4 to the SnapperGrouper FMP established a management

program for wreckfish in the South

Atlantic region. A regulatory adjustment

framework measure was also included

in the Snapper-Grouper FMP, allowing

the Council to set total allowable catch

each year and at the same time consider

other possible management options.

Amendment 5 to the Snapper-Grouper

FMP established an individual

transferrable quota (ITQ) system in the

wreckfish fishery that allows only ITQ

shareholders to land and sell wreckfish,

and allows only permitted dealers to

handle wreckfish and to buy wreckfish

from ITQ shareholders.

Recent reports have indicated that

wreckfish are being caught by

recreational fishermen fishing primarily

for red grouper off Key West, FL, and

that commercial snapper-grouper

fishermen, especially off south Florida,

are observing an occasional wreckfish

bycatch in their fishery. These reports

do not indicate the catch frequency or

poundage, catch disposition, nor the

number of fishermen targeting

wreckfish.

The Council is considering the

following management options for

regulating this fishery: (1) No action

(i.e., continue to prohibit the taking or

landing of wreckfish in the South

Atlantic region except by ITQ

shareholders); (2) set a recreational bag

limit of one or two fish per fisherman

per trip; (3) set a recreational bag limit

of one or two fish per boat per trip; (4)

set a recreational bag limit of one or two

fish per boat per day; (5) set an

undetermined recreational bag limit; (6)

set a bag limit of one or two fish per

boat per trip for commercial fishermen

in the South Atlantic region who are not

wreckfish ITQ shareholders; (7) set a bag

limit of one or two fish per boat per day

for commercial fishermen in the South

Atlantic region who are not wreckfish

ITQ shareholders; (8) set a bag limit of

one or two fish per boat per trip for

commercial fishermen in the south

Florida area who are not wreckfish ITQ

shareholders; (9) set a bag limit of one

to two fish per boat per day for

commercial fishermen in the south

Florida area who are not wreckfish ITQ

shareholders; (10) allow for an

undetermined commercial bag limit in

the South Atlantic region; and (11)

allow for an undetermined commercial

bag limit only in the south Florida area.

Written public comments on the

subjects of the scoping meetings, as well

as any Council scoping documents

made available to the public, may be

submitted to the Council from the time

of the scoping meetings until such time

as the Council has prepared appropriate

and related public hearing documents

that are available for public comment.

For copies of the public scoping

documents, see ADDRESSES.

These meetings are physically

accessible to people with disabilities.

Requests for sign language

interpretation or other auxiliary aids

should be directed to the Council office

by February 5, 1996 (see ADDRESSES).

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

Dated: January 22, 1996.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 96–1426 Filed 1–25–96; 8:45 am]

BILLING CODE 3510–22–F