[Federal Register Volume 61, Number 125 (Thursday, June 27, 1996)]
[Rules and Regulations]
[Page 33382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16372]


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DEPARTMENT OF COMMERCE
50 CFR Part 625

[Docket No. 960314074-6074-01; I.D. 061896B]


Summer Flounder Fishery; Extension of Scup Fishery Emergency

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Emergency interim rule; extension.

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SUMMARY: NMFS issues an extension to an emergency interim rule that 
implements minimum fish size and minimum mesh requirements for the scup 
fishery north of Cape Hatteras. Emergency implementation of the 
measures is necessary because of the overexploited status of the stock. 
The emergency interim rule for scup that is effective from March 22, 
1996, through June 25, 1996, is extended another 90 days by this 
action.

EFFECTIVE DATE: The emergency interim rule published on March 27, 1996 
at 61 FR 13452 is extended through September 23, 1996.

FOR FURTHER INFORMATION CONTACT: Regina Spallone, Fishery Policy 
Analyst,(508) 281-9221.

SUPPLEMENTARY INFORMATION: In November 1995, the Mid-Atlantic Fishery 
Management Council (Council) initially requested emergency action to 
implement management measures for the scup fishery, which include a 
minimum fish size of 9 inches (22.9 cm) total length (TL) for the 
commercial scup fishery and 7 inches (17.8 cm) TL for the recreational 
fishery, and a mesh restriction for any vessel fishing in the Exclusive 
Economic Zone (EEZ) and possessing 4,000 lb (1,814 kg) or more of scup. 
An emergency rule to implement immediately these measures was published 
in the Federal Register on March 27, 1996 (61 FR 13452), with effective 
dates of March 22, 1996, through June 25, 1996. A full discussion of 
the status of the scup stock and the need for emergency action is found 
in the preamble to that emergency interim rule and is not repeated 
here.
    In November 1995, the Council adopted the same measures contained 
in the emergency rule in Amendment 8 to the Fishery Management Plan for 
the Summer Flounder Fishery (FMP), which it has submitted for 
Secretarial review. Amendment 8 also contains many additional 
provisions not contained in the emergency rule. A proposed rule to 
implement Amendment 8 to the FMP was published in the Federal Register 
on June 3, 1996 (61 FR 27851), with an ending date for public comments 
of July 18, 1996. Therefore, if Amendment 8 is approved, the final rule 
to implement it will not be published prior to end of the first 90-day 
effective period of this emergency rule (June 25, 1996), thus leaving a 
gap between the ending date of the emergency interim rule and the final 
rule implementing Amendment 8. This would leave the already overfished 
scup stock unprotected from increased exploitation. Therefore, an 
extension to the emergency rule is needed. The Council, at its April 
1996 meeting requested an extension of the emergency interim rule 
implementing management measures for the scup fishery. This extension 
of the emergency rule is in effect from June 26, 1996, through 
September 23, 1996, or until regulations implementing Amendment 8 
become effective.

Classification

    The Assistant Administrator for Fisheries (AA) has determined that 
this rule is necessary to respond to an emergency situation and is 
consistent with the Magnuson Fishery Conservation and Management Act 
(Magnuson Act) and other applicable law.
    Extension of the emergency rule is intended to prevent the possible 
collapse of the scup fishery. The AA finds good cause to extend the 
emergency rule in accordance with section 305(c)(3)(B) of the Magnuson 
Act. It would be contrary to the public interest to provide notice and 
opportunity for comment, or to delay for 30 days the effective date of 
this emergency rule under the provisions of sections 553(b) and (d) of 
the Administrative Procedure Act. Failure to implement an extension of 
the emergency measures would leave the overfished scup stock 
unprotected.
    This rule has been determined to be not significant for purposes of 
E.O. 12866.
    This rule is exempt from the procedures of the Regulatory 
Flexibility Act because the rule is issued without opportunity for 
prior public comment.

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

    Dated: June 20, 1996.
Henry R. Beasley,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 96-16372 Filed 6-24-96; 4:13 pm]
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