Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Proposed Rules 10983

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contacts.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Television, Digital television

broadcasting.

For the reasons discussed in the

preamble, the Federal Communications

Commission proposes to amend 47 CFR

part 73 as follows:

PART 73—TELEVISION BROADCAST

SERVICES

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, and

336.

§ 73.622 [Amended]

2. Section 73.622(b), the Table of

Digital Television Allotments under

California is amended by removing DTV

Channel 38 and adding DTV Channel 5

at Merced.

Federal Communications Commission.

Barbara A. Kreisman,

Chief, Video Services Division, Mass Media

Bureau.

[FR Doc. 01–4208 Filed 2–20–01; 8:45 am]

BILLING CODE 6712–01–U

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 224

[I.D. 072600A]

Endangered and Threatened Species;

Re-opening of Comment Period and

Notice of Public Hearing on Proposed

Range Extension for Endangered

Steelhead in Southern California

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; public hearing

and re-opening of public comment

period.

SUMMARY: NMFS is re-opening the

public comment period for, and has

scheduled a public hearing on, the

proposal to extend the current range of

endangered steelhead in southern

California. NMFS has received several

requests for a public hearing that would

allow further opportunity for the public

to participate in an exchange of

information among interested parties

and to provide oral and written

testimony on the proposal. NMFS has

determined that these requests are

reasonable and has scheduled a public

hearing and re-opened the public

comment period to facilitate the receipt

of the public’s views on the proposal.

DATES: A public hearing is scheduled in

San Clemente, California on March 12,

2001, from 6 p.m. to 9 p.m. Written

comments on the proposed range

extension must be received by March

22, 2001.

ADDRESSES: The public hearing will be

held at the City of San Clemente’s

Community Center Auditorium which is

located at 100 N. Calle Seville in San

Clemente, CA. Written comments on the

proposed range extension and requests

for reference materials should be sent to

the Assistant Regional Administrator,

Protected Resources Division, NMFS,

Southwest Region, 501 West Ocean

Blvd., Suite 4200, Long Beach, CA

90802-4213.

FOR FURTHER INFORMATION CONTACT:

Craig Wingert, (562) 980-4021, or Chris

Mobley, (301) 713-1401. Copies of the

Federal Register documents cited

herein and additional salmon-related

materials are available via the Internet at

www.nwr.noaa.gov.

SUPPLEMENTARY INFORMATION:

Background

In August 1997, NMFS listed the

Southern California steelhead

Evolutionarily Significant Unit (ESU) as

an endangered species and defined its

southern limit as Malibu Creek in Los

Angeles County, CA, based on the

information available at that time. On

December 19, 2000, (65 FR 79328),

NMFS issued a proposed rule to extend

the current range of the Southern

California steelhead ESU southward to

include the population of steelhead

recently found in San Mateo Creek

which is located in northern San Diego

County. This proposal was based on

recent information indicating that

steelhead had been found in two coastal

river watersheds south of Malibu Creek,

and had successfully spawned in San

Mateo Creek. Within this redefined

Southern California steelhead ESU,

NMFS proposed to list naturally

spawned steelhead and their progeny

which reside below naturally occurring

and man-made barriers.

NMFS did not announce any public

hearings in its December 19, 2000 (65

FR 79328) proposal, but did indicate

that it would consider requests for

hearings received by February 2, 2001.

In late January 2001, NMFS received

several requests for a public hearing to

be held on this proposal. Requests for a

public hearing were received from

California Trout, the California Native

Plant Society, the Sierra Club, Trout

Unlimited, the Surfrider Foundation,

South Coast Audubon, and several

private individuals. NMFS has

determined that these requests are

reasonable, and, therefore, has

scheduled a public hearing and is reopening the public comment period to

accommodate the hearing as well as

provide sufficient notice of the hearing

date and location. During the extended

public comment period, NMFS is

continuing to solicit any specific

information, comments, data, and/or

recommendations on any aspect of the

December 19, 2000, proposal from all

interested parties. In particular, NMFS

is requesting information or data as

described in the Federal Register

document announcing the proposed

range extension (see 65 FR 79328). This

information is considered important in

helping NMFS make a final

determination on its proposal.

NMFS will consider all information,

comments, and recommendations

received during the extended comment

period and the public hearing before

reaching a final decision on the

proposal.

Dated: February 15, 2001.

William T. Hogarth,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 01–4290 Filed 2–20–01; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 010208032-1032-01; I.D.

121200L]

RIN 0648-AM47

Fisheries of the Northeastern United

States; Proposed 2001 Specifications

for the Atlantic Bluefish Fishery;

Regulatory Amendment

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed 2001 specifications for

the Atlantic bluefish fishery; regulatory

amendment; request for comments.

10984 Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Proposed Rules

SUMMARY: NMFS proposes 2001

specifications for the Atlantic bluefish

fishery, including a total allowable

harvest level (TAL), state-by-state

commercial quotas, and recreational

harvest limits and possession limits for

Atlantic bluefish off the east coast of the

United States. The intent of the

specifications is to conserve and manage

the bluefish resource and provide for

sustainable fisheries. NMFS also

proposes to amend the regulations

implementing the Fishery Management

Plan for Atlantic Bluefish (FMP) to

specify the procedures for setting the

annual TAL.

DATES: Public comments must be

received no later than 5:00 p.m., Eastern

Standard Time, on March 23, 2001.

ADDRESSES: Send written comments on

the proposed specifications should to

Patricia A. Kurkul, Regional

Administrator, Northeast Region,

National Marine Fisheries Service, One

Blackburn Drive, Gloucester, MA 01930-

2298. Mark on the outside of the

envelope: ‘‘Comments--2001 Bluefish

Specifications.’’ Comments may also be

sent via facsimile (fax) to (978) 281-

9371. Comments will not be accepted if

submitted via e-mail or the Internet.

Send comments on any ambiguity or

unnecessary complexity arising from the

language used in this proposed rule to

the Regional Administrator.

Copies of supporting documents,

including the Environmental

Assessment, Regulatory Impact Review,

Preliminary Regulatory Economic

Evaluation (EA/RIR/PREE), and the

Essential Fish Habitat Assessment are

available from the Regional

Administrator at the same address. The

EA/RIR/IRFA or PREE are accessible via

the Internet at http:/www.nero.gov/ro/

doc/nr.htm.

FOR FURTHER INFORMATION CONTACT:

Myles Raizin, Fishery Policy Analyst,

(978) 281-9104, e-mail at

M.A.Raizin@noaa.gov, fax at (978) 281-

9135.

SUPPLEMENTARY INFORMATION:

Regulations implementing the FMP

prepared by the Mid-Atlantic Fishery

Management Council (Council) appear

at 50 CFR part 648, subparts A and J.

Regulations requiring annual

specifications are found at § 648.160.

The FMP requires that the Council

recommend, on an annual basis, TAL,

which is comprised of a commercial

quota and recreational harvest limit.

The FMP also requires that (1) The

TAL for any given year be set based on

the fishing mortality rate (F) resulting

from the stock rebuilding schedule

contained in Amendment 1 to the FMP,

or the estimated F in the most recent

fishing year, whichever is lower and (2)

a total of 17 percent of the TAL be

allocated to the commercial fishery, as

a quota, with the remaining 83 percent

allocated as a recreational harvest limit,

with the stipulation that, if 17 percent

of the TAL is less than 10.50 million lb

(4.8 million kg) and the recreational

fishery is not projected to land its

harvest limit for the upcoming year, the

commercial fishery may be allocated up

to 10.50 million lb (4.8 million kg) as its

quota, provided that the combination of

the projected recreational landings and

the commercial quota does not exceed

TAL.

The Council’s recommendations must

include supporting documentation, as

appropriate, concerning the

environmental, economic, and social

impacts of the recommendations.

NMFS, after reviewing these

recommendations, publishes proposed

specifications in the Federal Register.

After considering public comment, the

Administrator, Northeast Region,

NMFS, will publish final specifications

in the Federal Register.

In July, 2000, the Council adopted

specifications for the 2000 Atlantic

bluefish fishery. However, those

specifications, which were submitted to

NMFS in March, 2000, could not be

published prior to August 25, 2000, that

being the effective date of the rule

implementing Amendment 1 to the FMP

at 50 FR 45844, July 25, 2000. Given

that publication of a final rule to

implement the 2000 specifications

could not take place prior to November,

2000, and would be in effect for less

than 2 months, NMFS believed that the

administrative burden of a rulemaking

could not be justified for such a short

period of time. Factored into this

decision was the knowledge that the

states, under the aegis of the Atlantic

States Marine Fisheries Commission

(Commission), had previously

implemented specifications for the year

2000 that are identical to those adopted

by the Council for the 2000 bluefish

fishery.

Proposed 2001 Specifications

Proposed TAL

For the 2001 fishery, the stock

rebuilding program in the FMP would

restrict F to 0.41. However, the 1999

fishery produced an F of only 0.295, so,

in accord with the FMP, TAL proposed

for 2001 was selected to achieve

F=0.295. The 1999 fishery is the most

recent year for which landings data are

complete and for which an F can be

estimated. Therefore, the TAL for 2001

would be 37.84 million lb (17.17 million

kg), which is calculated based on the

current estimate of biomass and

F=0.295. The increase in TAL for 2001

versus 2000 results from an increase in

the stock biomass, even though the 2001

TAL is based on a lower F than that

specified in the FMP rebuilding

program.

Proposed Commercial Quota and

Recreational Harvest Limit

If TAL were allocated for the 2001

fishery based on the percentages

specified in the FMP, the commercial

allocation would be 6.43 million lb

(2.92 million kg) with a recreational

harvest limit of 31.41 million lb (14.25

million kg). However, recreational

landings from 1995 through 1999 were

much lower than the recreational

allocation for 2001, ranging between

8.30 and 14.7 million lb (3.76 and 6.67

million kg); thus, giving the Council the

opportunity to recommend a

commercial quota of up to 10.5 million

lb (4.76 million kg). Instead, the Council

chose to recommend a commercial

quota of 9.58 million lb, (4.35 million

kg) unchanged from the 1999

commercial quota and identical to the

2000 quota implemented by the states

under aegis of the Commission. Under

the FMP, this would require transferring

3.15 million lb (1.43 million kg) from

the initial 2001 recreational allocation

of 31.41 million lb (14.13 million kg),

leaving 28.26 million lb (12.82 million

kg) for the 2001 recommended harvest

limit. The 2001 commercial quota is

unchanged from the commercial quota

specified by the Commission for 1999

and 2000.

Proposed Recreational Possession Limit

A 2-year projection of the bluefish

stock biomass was conducted using an

assumed F rate of 0.295. Results

indicate that the bluefish stock will

increase from an estimated biomass of

35,840 mt (78,919,680 lb) in 2000 to

51,990 mt (114,481,980 lb) in 2001, and

69,720 mt (153,523,440 lb) in the year

2002. The stock is projected to increase

substantially in the next 2 years with

commensurate increases in recreational

harvest limit. However, recreational

landings have decreased in the past 2

years from 14,302 mt (31,521,608 lb) in

1997 to 12,334 mt (27,184,136 lb) in

1998 and to 8,253 mt (18,189,612 lb) in

1999. Therefore, the Council

recommended an increase in the

possession limit from 10 to 15 fish in

2001. The Council believes that this

increase will benefit some recreational

anglers while landings will not exceed

the recreational harvest limit.

Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Proposed Rules 10985

Proposed State Commercial Allocations

Proposed state commercial allocations

for the recommended 2001 commercial

quotas are shown in the following table,

based on the percentages specified in

the FMP and at § 648.100(d)(1).

State Percent of quota 2001 Commercial Quota

(lb)

2001 Commercial Quota

(kg)

ME 0.6685 64,062 29,066

NH 0.4145 39,722 18,023

MA 6.7167 643,661 292,042

RI 6.8081 652,420 296,016

CT 1.2663 121,350 55,059

NY 10.3851 995,204 451,544

NJ 14.8162 1,419,836 644,209

DE 1.8782 179,988 81,664

MD 3.0018 287,662 130,518

VA 11.8795 1,138,412 516,521

NC 32.0608 3,072,386 1,394,005

SC 0.0352 3,373 1,530

GA 0.0095 910 413

FL 10.0597 964,021 437,396

Total 100.000 9,583,010 4,348,008

Regulatory Amendment

The final regulations implementing

Amendment 1 to the FMP (50 FR 45844,

July 25, 2000), inadvertently did not

specify the procedures for setting an

annual TAL. Regulatory text needs to be

added to § 648.160(a) to reflect the FMP

requirement in section 3.1.1.2 of

Amendment 1 that requires the Council

to use the estimated F for the fishing

year preceding the Council submission

of the recommended specifications for

setting TAL if the estimated F is less

than the target F identified in the

rebuilding schedule. The portion of

Amendment 1 containing this

requirement was approved by NMFS on

July 29, 1999.

Classification

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

The Chief Counsel for Regulation of

the Department of Commerce certified

to the Chief Counsel for Advocacy of the

Small Business Administration that this

proposed rule, if adopted, would not

have a significant impact on a

substantial number of small entities. A

description of the action, why it is being

considered, and the legal basis for this

action are contained in the preamble.

The factual basis for certification is as

follows:

An active participant in the commercial

sector was defined as being any vessel that

reported having landed one or more pounds

of bluefish to NMFS-permitted dealers during

calendar year 1999. All vessels are

considered to be small entities. Of the active

vessels reported in 1999, 866 landed bluefish

from Maine to North Carolina. The dealer

data do not cover vessel activity in the South

Atlantic. State trip ticket report data indicate

that 609 vessels landed bluefish in North

Carolina with some possible double

counting. Bluefish landings in South

Carolina and Georgia were minuscule,

representing less than 1/10 of 1 percent of

total coastwide bluefish landings. Therefore,

it was assumed that no vessels landed

bluefish from those states. In addition, 136

vessels landed bluefish to dealers on

Florida’s east coast in 1999, as reported by

the State of Florida. In 1994, the last time

such a vessel survey was done,

approximately 2,063 party/charter vessels

were estimated to have caught bluefish.

The Council analyzed three alternatives for

TAL, each with a 15-fish recreational

possession limit for the recreational fishery.

Analysis of the preferred alternative, which

represents the status quo for the commercial

quota compared to the 2000 specifications for

bluefish, examined the impacts on industry

that would result from a TAL of 37.84

million lb (17.17 million kg) that would

allocate 9.58 million lb (4.35 million kg) for

the commercial sector and 28.26 million lb

(12.81 million kg) for the recreational sector.

Results of the analysis indicate that, on a

coastwide basis, the preferred alternative

could yield increases in revenue to

commercial bluefish fishermen of 36 percent

compared to 1999 landings. Analysis of the

effects of the preferred alternative on

fishermen in individual states concluded that

the increase in revenues would occur in all

states except New York, where 22 of the 192

vessels home ported in that state could have

their revenues reduced by 5 percent or more.

The Council noted that the negative impact

to the State of New York could easily be

mitigated by a transfer of commercial quota

from another state, as allowed under the

FMP, and as accomplished under the

Commission’s Interstate Plan for Atlantic

bluefish in 2000.

The Council further analyzed the impacts

on revenues of the increase in the possession

limit from 10 to 15 fish for all three

alternatives. The 15-fish possession limit is

expected to increase angler satisfaction, as it

is higher than the 10-fish possession limit

implemented each year since 1990. Based on

average 1985-1989 landings and angler catch

data, the 10-fish bag limit reduced landings

by 17.2 percent. Based on the same 1985-

1989 average landings and catch data, the

implementation of the 15-fish possession

limit is expected to increase landings by 7.9

percent from current levels. Relative to the

1999 landings a 7.9 percent increase would

not result in landings in excess of the

recreational harvest limit. In determining

what might constitute ‘‘significant economic

impacts’’ on small entities, the analysis

considered the potential impact on revenues

from changes in commercial quotas from

1999 to 2001 and considered that revenue

reduction greater than 5 percent of total

revenue might be significant. The analysis

considered the effects at the state, county and

individual vessel level. Of the 866 Federally

permitted vessels landing bluefish in 1999,

31 vessels could have their revenues reduced

by 5 percent or more. Of these vessels, 22

were home ported in New York, with the

home ports of the other vessels unable to be

determined. Under the most restrictive

alternative considered, Dare County, NC, and

Suffolk County, NY, were considered the

most impacted. However, because North

Carolina will not be restricted from 1999

landings under the preferred alterative, only

Suffolk County, NY, can be expected to be

impacted because of a possible reduction in

landings of 30 percent for the whole state.

Because all the entities effected by this action

are considered small entities, the issue of

disproportionality with large entities does

not pertain. While some vessel owners/

operators in New York may have reduced

revenues resulting in lower profitability,

vessel owners/operators in other states

coastwide could see increases in total

revenues as a result of the 136 percent

increase in the commercial allocation over

the 1999 landings. The reduction in total

revenues to vessel owners/operators in New

York would likely be minimized through

transfer to New York state of state quotas

from other states that would not utilize their

full quotas. Thus, there would not be any

significant economic impacts on the

identified small entities. Only 31 of the 866

federally permitted vessels that landed

10986 Federal Register / Vol. 66, No. 35 / Wednesday, February 21, 2001 / Proposed Rules

bluefish in 1999 would likely be affected by

the preferred action.

The criteria used to determine ‘‘a

substantial number of small entities’’ is based

on a threshold value of 20 percent of the total

number of small entities being directly

affected. Only 31 of the 866 federally

permitted vessels that landed bluefish in

1999 would likely be affected by the

preferred action. As stated earlier, there is the

possibility for relief of these vessels through

transfer of quota from one state to another.

Even if this transfer does not occur, the

percent of vessels that would be affected does

not constitute a ‘‘substantial number.’’

In making this analysis, the Council used

NMFS stock assessment reports, NMFS

landings data, state fish ticket reports, NMFS

marine recreational fishing statistical survey

reports, various NMFS marine recreational

fishing and charter/party boat surveys,

Bureau of Census data, and various scientific

studies and reports covering the biological,

economic and social aspects of the bluefish

fishery. Using these data, the Council

analyzed the potential changes in revenue

from 1999 to 2001 for vessels on an

individual and state-by-state basis and

determined the degree each vessel/state

could be impacted by the preferred and other

alternatives by comparing landings in 1999

with potential changes created by the

proposed quotas for 2001. For the change in

the recreational bag limit, the Council

analyzed the increase in catch based on a tenyear average of catches before size limits

were instituted in the fishery. The

availability of a long time series of data

enable the use of long-term averages in the

analysis. As such, there is little variability or

uncertainty in this analysis. In making this

analysis the Council assumed that, because

average revenue changes were made using

1999 data, revenue changes for 2001 are

dependent upon landings in 1999. Further,

the Council assumed the conduct of the

recreational and commercial sectors of the

fishery would be similar to the 1999 fishery.

Were these assumptions to change, i.e., if the

price structure of the fishery were to change

or if either the recreational or commercial

sector of the bluefish fishery were to

suddenly increase or decrease, the magnitude

of the impacts (both positive and negative)

identified in this analysis could change.

However, given the history of commercial

and recreational fisheries participation in the

bluefish fishery, it is unlikely that there

would be any significant changes during one

fishing season that will nullify the predicted

impact of the 2001 annual specifications.

The President has directed Federal

agencies to use plain language in their

communications with the public,

including regulations. To comply with

this directive, we seek public comment

on any ambiguity or unnecessary

complexity arising from the language

used in this proposed rule. Such

comments should be sent to the

Regional Administrator (see

ADDRESSES).

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Reporting and

recordkeeping requirements.

Dated: February 12, 2001.

William T. Hogarth,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 648, chapter VI,

is proposed to be amended as follows:

PART 648—FISHERIES OF THE

NORTHEASTERN UNITED STATES

1. The authority citation for part 648

continues to read as follows:

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

2. In § 648.160, paragraph (a) is

revised to read as follows:

§ 648.160 Catch quotas and other

restrictions.

* * * * *

(a) Annual review. On or before

August 15 of each year, the Bluefish

Monitoring Committee will meet to

determine the total allowable level of

landings (TAL) and other restrictions

necessary to achieve the target fishing

mortality rate (F) specified in the

Fishery Management Plan for Atlantic

Bluefish for the upcoming fishing year

or the estimated F for the fishing year

preceding the Council submission of the

recommended specifications, whichever

F is lower. In determining the TAL and

other restrictions necessary to achieve

the specified F, the Bluefish Monitoring

Committee will review the following

data, subject to availability: Commercial

and recreational catch data; current

estimates of fishing mortality; stock

status; recent estimates of recruitment;

virtual population analysis results;

levels of noncompliance by fishermen

or individual states; impact of size/mesh

regulations; sea sampling data; impact

of gear other than otter trawls and gill

nets on the mortality of bluefish; and

any other relevant information.

* * * * *

[FR Doc. 01–4168 Filed 2–20–01; 8:45 am]

BILLING CODE 3510–22–S