35174 Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Proposed Rules

date for filing an answer to the

complaint or compliance specification,

whichever is applicable, the motion

shall be filed promptly. Any opposition

to the motion shall be filed within 14

days after the service of the motion for

summary judgment on the opposing

party. It is not required that the

opposition be supported by affidavits or

other documentary evidence showing

that there is a genuine issue for hearing.

The Board in its discretion may deny

the motion where the motion itself fails

to establish the absence of a genuine

issue, or where the opposing party’s

pleadings and/or opposition indicate on

their face that a genuine issue may exist.

If the opposing party files no

opposition, the Board may treat the

motion as conceded, and summary

judgment or dismissal, if appropriate,

shall be entered. The hearing shall not

be automatically postponed upon filing

of the motion for summary judgment. It

shall be the responsibility of the party

filing the motion to postpone the

hearing (if the General Counsel files the

motion for summary judgment, subject

to the provisions of § 102.16 of the

Board’s rules and regulations) or to file

a request for a postponement with the

Regional Director, administrative law

judge, and/or the Board (if the

respondent or charging party files the

motion).

§ 102.98 [Amended]

3. In § 102.98, paragraph (a) and the

paragraph designation (b) are removed.

§ 102.99 [Amended]

4. In § 102.99, paragraph (a) is

removed and paragraphs (b) and (c) are

redesignated as paragraphs (a) and (b)

respectively.

Dated, Washington, DC, June 28, 1996.

By direction of the Board:

John J. Toner,

Executive Secretary.

[FR Doc. 96–16986 Filed 7–3–96; 8:45 am]

BILLING CODE 7545–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[I.D. 062596B]

RIN 0648–AH68

Groundfish of the Gulf of Alaska;

Pacific Ocean Perch; Amendment 38

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of availability; request

for comments.

SUMMARY: The North Pacific Fishery

Management Council (Council) has

submitted Amendment 38 to the Fishery

Management Plan for Groundfish of the

Gulf of Alaska (FMP) for Secretarial

review. Amendment 38 would provide

the flexibility for the Council to

recommend a total allowable catch

amount for Pacific ocean perch (POP)

below the level currently established in

the FMP. NMFS is requesting comments

from the public on the proposed

amendment. Copies of the amendment

may be obtained from the Council (see

ADDRESSES).

DATES: Comments on the FMP

amendment should be submitted on or

before August 30, 1996.

ADDRESSES: Comments on the FMP

amendment should be submitted to

Ronald J. Berg, Chief, Fisheries

Management Division, Alaska Region,

NMFS, P.O. Box 21668, Juneau, AK

99802–1668; Attn: Lori Gravel, or

delivered to the Federal Building, 709

West 9th Street, Juneau, AK.

Copies of Amendment 38 and the

environmental assessment and the

economic analysis prepared for the

amendment are available from the North

Pacific Fishery Management Council,

605 W 4th Ave., Suite 306, Anchorage,

AK 99501–2252; telephone: 907–271–

2809.

FOR FURTHER INFORMATION CONTACT: Kaja

Brix, 907–586–7228.

SUPPLEMENTARY INFORMATION: The

Magnuson Fishery Conservation and

Management Act (Magnuson Act)

requires that each Regional Fishery

Management Council submit any fishery

management plan or plan amendment it

prepares to the Secretary of Commerce

(Secretary) for review and approval,

disapproval, or partial disapproval. The

Magnuson Act also requires that the

Secretary, upon receiving a fishery

management plan or amendment,

immediately publish a notice that the

fishery management plan or amendment

is available for public review and

comment. The Secretary will consider

the public comments received during

the comment period in determining

whether to approve the FMP or

amendment.

Decline of the POP stock since the

early period of the foreign fishery (mid

1960’s) prompted the Council to

recommend a rebuilding plan for POP.

The Pacific Ocean Perch Rebuilding

Plan (Rebuilding Plan) was established

in Amendment 32 to the FMP. Details

of the justification for the Rebuilding

Plan can be found in the Notice of

Availability for Amendment 32 (59 FR

295; January 4, 1994). The POP

Rebuilding Plan provides a specific

rebuilding strategy for POP stocks,

based on available biological and

economic information. The Rebuilding

Plan establishes a formula to determine

annually the POP TAC, which is then

apportioned among Gulf of Alaska

(GOA) regulatory areas based on

biomass distribution. However, the

amendment does not provide for any

flexibility to reduce the TAC below the

amount specified by the formula.

Under the current Rebuilding Plan,

the potential exists for the calculated

TAC to be greater than the acceptable

biological catch (ABC), which would be

inconsistent with the current

management practice for other

groundfish stocks. The Council has also

expressed concern that it does not have

the flexibility to lower the POP TAC

under the Rebuilding Plan to

accomodate other resource conservation

concerns. Therefore, the Council

adopted Amendment 38 to the FMP at

its December 1995 meeting. Amendment

38 would not prescribe a TAC lower

than that specified by the formula;

however, it would allow the Council the

flexibility to recommend a TAC below

the level of the specified formula in one

or more GOA regulatory areas or

districts. To be consistent with the

Rebuilding Plan for POP, any downward

adjustment of TAC would be based on

biological or resource conservation

concerns.

Under the Rebuilding Plan, an ABC is

set for POP in the GOA and this ABC

is apportioned among regulatory areas

based on biomass distribution. The TAC

is determined using the formula and is

then apportioned to each regulatory area

according to the percentage biomass

distribution used for the ABC

apportionment.

Under Amendment 38, once the TAC

is apportioned among regulatory areas,

as specified by the current FMP, the

Council could recommend a further

downward adjustment of the POP TAC

in one or more of the GOA regulatory

areas or districts. Any downward

adjustments would be based on

biological or resource conservation

concerns about the POP resource or

associated with the POP fishery that are

not accounted for in the Rebuilding Plan

or the annual Stock Assessment and

Fishery Evaluation (SAFE) reports, or to

maintain the TAC below the ABC.

NMFS will consider information

provided by a recognized scientific body

such as the Council’s Scientific and

Statistical Committee, Plan Team, or by
Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Proposed Rules 35175

NMFS stock assessment scientists

regarding any downward adjustment of

the TAC.

The FMP amendment would only give

the Council the alternative of

recommending a lower POP TAC in the

annual specifications process to address

biological or resource conservation

concerns that are not addressed under

the Rebuilding Plan or SAFE reports. If

socioeconomic concerns exist with

respect to the management of the POP

fishery, particularly in the Eastern GOA,

the Council would need to consider a

separate amendment to address these

issues.

Amendment 38 is intended to

improve conservation and management

of POP and to further the goals and

objectives of the FMP. No regulatory

changes are necessary to implement this

FMP amendment. The TAC would be

considered for implemention during the

annual specification process under

regulations at § 679.20(c).

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

Dated: June 27, 1996.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 96–17123 Filed 7–1–96; 3:18 pm]

BILLING CODE 3510–22–F