32422 Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Proposed Rules

permitted on designated areas of the refuge

subject to the following condition: Hunting is

by permit only.

* * * * *

Toppenish National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

* * * * *

2. Hunters shall possess and use, while in

the field, only nontoxic shot.

* * * * *

25. Section 32.69 Wisconsin is

amended by revising paragraphs B.1.,

B.2., C.4. and D., of Necedah National

Wildlife Refuge; and adding Upper

Mississippi River National Wildlife and

Fish Refuge alphabetically to read as

follows:

§ 32.69 Wisconsin.

* * * * *

Necedah National Wildlife Refuge

* * * * *

B. Upland Game Hunting. * * *

1. During State waterfowl hunting season,

guns must be unloaded or cased in the

retrieval zone of Refuge Area 7.

2. During the spring turkey hunting season

only, persons having an unexpired State

spring turkey permit in possession may enter

and hunt wild turkeys in all open refuge

areas.

* * * * *

C. Big Game Hunting. * * *

* * * * *

4. Refuge Areas 1,2,4,5,6 and 7 are open to

deer hunting.

* * * * *

D. Sport Fishing. Fishing is permitted on

designated areas of the refuge at designated

times subject to the following conditions.

1. Non-motorized boats are permitted in

Sprague-Goose Pools only when these pools

are open to fishing. Motorized boats are

permitted in Suk Cerney Pool.

* * * * *

Upper Mississippi River National Wildlife

and Fish Refuge

A. Hunting of Migratory Game Birds.

Hunting of migratory game birds is permitted

on designated areas of the refuge subject to

the following conditions:

1. Hunting of all migratory birds is

prohibited on refuge closed areas posted

‘‘Area Closed’’, on the Goose Island ‘‘No

Hunting’’ zone in Pool 8, and on the Upper

Halfway Creek Marsh ‘‘No Hunting’’ zone in

Pool 7.

2. Permits are required for Potters Marsh in

Pool 13 except during the early teal season.

B. Upland Game Hunting. Hunting of

upland game is permitted on designated

areas of the refuge subject to the following

conditions:

1. Hunting or possession of firearms are

prohibited between March 15 and the

opening of the State fall hunting seasons

except that hunting of wild turkey is

permitted during the State spring turkey

season.

2. Hunting is permitted on refuge areas

posted ‘‘Area Closed’’ beginning the day after

the close of the applicable State duck hunting

season until season closure or March 15,

whichever occurs first, except that hunting of

wild turkey is permitted during the State

spring wild turkey season.

3. Hunting is prohibited at all times on the

Goose Island ‘‘No Hunting’’ zone in Pool 8,

and Upper Halfway Creek Marsh ‘‘No

Hunting’’ zone in Pool 7.

C. Big Game Hunting. Hunting of whitetailed deer is permitted on designated areas

of the refuge subject to the following

conditions:

1. Hunting is permitted until season

closure or March 15, whichever date occurs

first.

2. Hunting is permitted on refuge areas

posted ‘‘Area Closed’’ beginning the day after

the close of the applicable State duck hunting

season until season closure or March 15,

whichever date occurs first.

3. Hunting is prohibited at all times on the

Goose Island ‘‘No Hunting’’ zone in Pool 8

and Upper Halfway Creek Marsh ‘‘No

Hunting’’ zone in Pool 7.

4. Construction or use of permanent blinds,

platforms or ladders is not permitted.

5. All stands must be removed from the

refuge at the end of each day’s hunt.

D. Sport Fishing. Fishing is permitted on

designated areas of the refuge subject to the

following conditions:

1. Fishing on the Spring Lake Closed Area,

Carroll County, Illinois, is not permitted from

October 1 through the last day of the Illinois

waterfowl season.

2. Only hand powered boats or boats with

electric motors are permitted on Mertes’

Slough in Buffalo County, Wisconsin.

26. Section 32.71 Pacific Islands

Territory is amended by revising

paragraphs D.1., D.3., D.4., removing

paragraph D.5., and redesignating

paragraph D.6 as paragraph D.5. of

Johnson Atoll National Wildlife Refuge

to read as follows:

§ 32.71 Pacific Islands Territory.

* * * * *

Johnson Atoll National Wildlife Refuge

* * * * *

D. Sport Fishing. * * *

1. Lobsters of 31/4 inch carapace length or

more may be taken from the lagoon area from

September 1 through May 31, but not by

spearing, traps, or the use of pry bars or

related methods destructive to coral; no

female lobsters bearing eggs may be taken at

any time.

* * * * *

3. Taking of fish by the use of spear ‘‘guns’’

is prohibited. Hand-propelled speaxs or

‘‘Hawaiian Slings’’ consisting of a single shaft

propelled by a rubber tube are permitted for

underwater taking of fish. Above water use

of spears is prohibited.

4. The collecting or taking of all forms of

live or dead coral is prohibited; the export of

coral by any means is prohibited.

* * * * *

Dated: June 3, 1996.

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 96–15138 Filed 6–21–96; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 641

[Docket No. 960613174–6174–01; I.D.

050996C]

RIN 0648–AI71

Reef Fish Fishery of the Gulf of

Mexico; Amendment 13

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 Amendment 13 to

this Fishery Management Plan for the

Reef Fish Resources of the Gulf of

Mexico (FMP). Amendment 13 would

extend the red snapper vessel permit

endorsement and trip limit system until

implementation of: The individual

transferable quota (ITQ) system

approved under Amendment 8 to the

FMP, or an alternate program to restrict

access to the commercial red snapper

fishery, such as a limited license

system. If neither option is possible, the

trip limit and endorsement provisions

would terminate on December 31, 1997.

The intent effects of this rule are to

stabilize the fishery and to provide for

controlled harvest until a more

comprehensive controlled access plan

can be implemented.

ADDRESSES: Comments on the proposed

rule must be sent to Robert Sadler,

Southeast Regional Office, NMFS, 9721

Executive Center Drive N., St.

Petersburg, FL 33702.

Requests for copies of Amendment 13,

which includes an environmental

assessment and a regulatory impact

review (RIR), should be sent to the Gulf

of Mexico Fishery Management Council

(Council), 5401 West Kennedy

Boulevard, Suite 331, Tampa, FL 33609.

Related RIRs for Amendments 6 and 9

may also be obtained from the Council.

DATES: Written comments must be

received on or before August 8, 1996.

FOR FURTHER INFORMATION CONTACT:

Robert Sadler, 813–570–5305.
Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Proposed Rules 32423

SUPPLEMENTARY INFORMATION: The reef

fish fishery of the Gulf of Mexico is

managed under the FMP. The FMP was

prepared by the Council and is

implemented through regulations at 50

CFR part 641 under the authority of the

Magnuson Fishery Conservation and

Management Act (Magnuson Act).

Background

An ATQ system was proposed by the

Council in Amendment 8 to the FMP to

address excessive effort capacity in the

commercial red snapper fishery in the

Gulf of Mexico. Amendment 8 was

approved by NMFS, and the final rule

to implement it was published

November 29, 1995 (60 FR 61200).

Starting April 1, 1996, participation in

the commercial fishery for red snapper

was to be controlled by ITQs based on

percentage shares of the commercial

quota. However, because of the furlough

of NMFS personnel and budget

limitations under the continuing

resolutions that provide operating funds

for Commerce from December 1995

through March 1996, NMFS was unable

to issue ITQ shares and coupons and

implement the ITQ system on April 1.

Accordingly, NMFS implemented an

emergency interim rule on February 29,

1996 (61 FR 7751), to suspend

implementation of the ITQ system and

to continue the red snapper

endorsement and trip limit provisions,

then in effect under another emergency

interim rule (61 FR 17, January 2, 1996),

as long as the 1996 commercial fishery

was open. The 1996 commercial red

snapper season opened on February 1,

1996, the annual commercial quota was

reached on April 4, 1996, and the

commercial red snapper fishery was

closed on April 5, 1996.

Amendment 13

Amendment 13 was developed by the

Council because of concerns that

implementation of the ITQ system

would be further delayed by

Congressional action. In fact, section

210 of the Department of Commerce and

Related Agencies Appropriations Act for

1996 (Public Law 104–134) prohibits

NMFS from using funds appropriated

under that act, or any other act, to

implement regulations for any ITQ

system that was approved by the

Secretary of Commerce (Secretary) after

January 4, 1995, until offsetting fees to

pay for the cost of administering such

regulations are expressly authorized

under the Magnuson Act. The

commercial red snapper ITQ system is

affected by section 210, because NMFS,

for the Secretary, approved Amendment

8 on October 13, 1995.

The problems in the fishery that led

to implementation of the red snapper

endorsement system, and approval of

the ITQ system under Amendment 8,

are expected to continue until a

comprehensive program to control

access to red snapper can be

implemented. Until then, controlled

harvest rates (i.e., the trip limit and

endorsement system) are needed to

stabilize the fishery. The Council, after

review of various alternatives,

determined that continuation of the red

snapper endorsement system and its

associated trip limits is appropriate to

allow an open fishery until a permanent

controlled access system can be

implemented. Permit endorsements for

red snapper would continue to be

transferable only to other vessels owned

by the same entity, or in the event of

death or disability of the permit holder.

Because of the legislative prohibition

on expenditure of funds to implement

the red snapper ITQ system, NMFS

proposes to suspend indefinitely

implementation of the ITQ system

concomitant with implementation of

Amendment 13. If the commercial red

snapper ITQ system cannot be

implemented by the end of 1997, the

Council intends to review the red

snapper management regime before the

regulations implementing Amendment

13 expire and to initiate appropriate

action for the 1998 season.

Availability of Amendment 13

Additional background and rationale

for the measures discussed above are

contained in Amendment 13, the

availability of which was announced in

the Federal Register (61 FR 24267, May

14, 1996).

Classification

Section 304(a)(1)(D) of the Magnuson

Act requires NMFS to publish

regulations proposed by a Council

within 15 days of receipt of an

amendment and regulations. At this

time NMFS has not determined that

Amendment 13 is consistent with the

national standards, other provisions of

the Magnuson Act, and other applicable

laws. NMFS, in making that

determination, will take into account

the data, views, and comments received

during the comment period.

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

The Assistant General Counsel for

Legislation and Regulation (AGC) has

certified to the Chief Counsel for

Advocacy of the Small Business

Administration (SBA) that Amendment

13 and its implementing rule will not

have significant impact on a substantial

number of small entities. Amendment

13 would continue in effect the vessel

permit endorsement and trip limit

provisions that were first approved and

implemented under emergency

action(57 FR 66237, December 30,

1992), and continued under

Amendment 6 (58 FR 33025, June 15,

1993), Amendment 9 (59 FR 39301,

August 2, 1994), and emergency action

(61 FR 7751, February 29, 1996) through

May 29, 1996. Act certified that the

rules implementing Amendments 6 and

9 would not have a significant economic

impact on a substantial number of small

entities. For details about those

certifications, refer to the Federal

Register publications cited above.

Amendment 13 would continue the

permit endorsement provisions of the

status quo management regime which

were certified twice previously under 5

U.S.C. § 605(b) by Commerce to the

Chief Counsel for Advocacy, SBA, as

not having a significant economic effect

on a substantial number of small

entities. For these reasons, an initial

regulatory flexibility analysis was not

prepared.

List of Subjects in 50 CFR Part 641

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: June 18, 1996.

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 641 is proposed

to be amended as follows:

PART 641—REEF FISH FISHERY OF

THE GULF OF MEXICO

1. The authority citation for part 641

continues to read as follows:

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

§ 641.4 [Amended]

2. On § 641.4, paragraph (o) is

suspended indefinitely.

3. In § 641.7, paragraph (ff) through

(kk) are suspended and paragraphs (nn),

through (pp) are added to read as

follows:

§ 641.7 Prohibitions.

* * * * *

(nn) Exceed the vessel trip or landing

limits for red snapper, as specified in

§ 641.31 (a) and (b).

(oo) Transfer a red snapper at sea, as

specified in § 641.31 (c).

(pp) Purchase, barter, trade, or sell, or

attemp to purchase, barter, trade, or sell,

a red snapper possessed or landed in

excess of a trip or landing limit, as

specified in § 641.31 (d).
32424 Federal Register / Vol. 61, No. 122 / Monday, June 24, 1996 / Proposed Rules

§ 641.10 [Amended]

4. Section 641.10 is suspended

indefinitely.

5. Sections 641.31 through 641.33 are

added to read as follows:

§ 641.31 Red snapper trip limits.

The provisions of this section are

effective through December 31, 1997.

(a) Except as provided in paragraph

(b) of this section, a vessel that has on

board a valid commercial reef fish

permit may not possess on any trip or

land in any day red snapper in excess

of 200 lb (91 kg), whole or eviscerated.

(b) a vessel that on board a valid

commercial reef fish permit and a valid

red snapper endorsement may not

possess on any trip or land in any day

red snapper in excess of 2,000 lb (907

kg), whole or eviscerated.

(c) A red snapper may not be

transferred at sea from one vessel to

another.

(d) No person may purchase, barter,

trade, or sell, or attempt to purchase,

barter, trade, or sell, a red snapper

possessed or landed in excess of the trip

or landing limits specified in paragraphs

(a) and (b) of this section.

§ 641.32 Red snapper endorsement.

The provisions of this section are

effective through December 31, 1997.

(a) As a prerequisite for exemption

from the trip limit for red snapper

specified in § 641.31(a), a vessel for

which a commercial reef fish permit has

been issued under § 641.4 must have a

red snapper endorsement on such

permit, and such permit and

endorsement must be on board the

vessel.

(b) A red snapper endorsement is

invalid upon sale of the vessel;

however, an owner of a vessel with a

commercial reef fish permit may

transfer the red snapper endorsement to

another vessel with a commercial reef

fish permit owned by the same entity by

returning the existing endorsement with

an application for an endorsement for

the replacement vessel.

(c) The provisions of paragraph (b) of

this section notwithstanding—

(1) In the event that a vessel with a

red snapper endorsement has a change

of ownership that is directly related to

the disability or death of the owner, the

Regional Director may issue a red

snapper endorsement, temporarily or

permanently, with the commercial reef

fish permit that is issued for the vessel

under the new owner. Such new owner

will be the person specified by the

owner or his/her legal guardian, in the

case of a disabled owner, or by the will

or executor/administrator of the estate,

in the case of a deceased owner.

(Change of ownership of a vessel with

a commercial reef fish permit upon

disability or death of an owner is

considered a purchase of a permitted

vessel and § 641.4 (m)(3) applies

regarding a commercial reef fish permit

for the vessel under the new owner.)

(2) In the event of the disability or

death of an operator whose presence

aboard a vessel is a condition for the

validity of a red snapper endorsement,

the Regional Director may revise and

reissue an endorsement, temporarily or

permanently, to the permitted vessel.

Such revised endorsement will contain

the name of a substitute operator

specified by the operator or his/her legal

guardian, in the case of a disabled

operator, or by the will or executor/

administrator of the estate, in the case

of a deceased operator. As was the case

with the replaced endorsement, the

presence of the substitute operator

aboard and in charge of the vessel is a

condition for the validity of the revised

endorsement. Such revised endorsement

will be reissued only with the

concurrence of the vessel owner.

§ 641.33 Condition of a permit.

The provisions of this section are

effective through December 31, 1997. As

a condition of a commercial reef fish

permit issued under § 641.4, without

regard to where red snapper are

harvested or possessed, a vessel with

such permit—

(a) May not exceed the appropriate

vessel trip or landing limit for red

snapper, as specified in § 641.31 (a) and

(b).

(b) May not transfer a red snapper at

sea, as specified in § 641.31(c).

[FR Doc. 96–15936 Filed 6–18–96; 4:46 pm]

BILLING CODE 3510–22–M