33382 Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Rules and Regulations

additional fatal takings of listed sea

turtles. In addition, good cause exists

because NMFS has addressed comments

or similar provisions in the proposed

rule in the context of this temporary

action.

Pursuant to section 553(d) of the APA,

the AA finds there is good cause to

waive the 30-day delay in effective date.

In addition to the immediate need to

protect listed sea turtles, these

restrictions are expected to impose only

a minor burden on shrimp fishers. The

predominant TED designs in use in the

affected area are single-grid hard TEDs,

which will not require any

modifications. Trawlers equipped with

only soft TEDs may be required to move

out of the affected area, or to equip their

nets with hard TEDs. However, these

trawlers are expected to be few in

number given that many may have

already equipped their nets with hard

TEDs in response to the previous rules

requiring the use of such TEDs in waters

off Georgia in 1995. For those trawlers

who have yet to equip their nets with

hard TEDs, single-grid hard TEDs are

available for $75.00 to $350.00 and take

only several hours to install. While

some fishers may not elect to equip their

larger try nets with hard grid TEDs, and

thus, would be unable to monitor their

catch rate during long tows, they could

monitor their catch rate with smaller try

nets not required to have an NMFSapproved hard TED installed. The

burden of this action on shrimp fishers

is expected to be minimized by the fact

that fishers in most of the affected areas

have previously modified or acquired

gear to comply with earlier restrictions

that were identical or more stringent

than the present action.

The AA prepared an EA for the final

rule (57 FR 57348, December 4, 1992)

requiring TED use in shrimp trawls and

establishing the 30-day notice

procedures. An EA has been prepared

for this action. Copies of the EA are

available (see ADDRESSES).

Dated: June 21, 1996.

Charles Karnella,

Acting Director, Office of Management

Information, National Marine Fisheries

Service.

[FR Doc. 96–16435 Filed 6–24–96; 4:13 pm]

BILLING CODE 3510–22–F

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.

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]

BILLING CODE 3510–22–F

50 CFR Part 679

[Docket No. 960321089–6175–02; I.D.

031396B]

RIN 0648–AG41

Fisheries of the Exclusive Economic

Zone off Alaska; Allow Processing of

Non-Individual Fishing Quota Species

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.