11478 Federal Register / Vol. 65, No. 43 / Friday, March 3, 2000 / Rules and Regulations removing Channel 223C2 from Ankeny List of Subjects in 47 CFR Part 73 weight of fish on board. In addition, this and adding Channel 223C2 at West Des Radio broadcasting. final rule clarifies the monkfish permit Moines. application/renewal deadlines. Part 73 of Title 47 of the Code of Federal Communications Commission. Federal Regulations is amended as DATES: This rule is effective March 1, John A. Karousos, follows: 2000, except that amendments to Chief, Allocations Branch, Policy and Rules § 648.4(a)(9)(i)(B) and § 648.94(b)(4)(i), Division, Mass Media Bureau. PART 73Ð[AMENDED] (b)(4)(ii), (c)(1)(i), and (c)(3)(i) are [FR Doc. 00–5143 Filed 3–2–00; 8:45 am] effective March 3, 2000. 1. The authority citation for Part 73 BILLING CODE 6712±01±P ADDRESSES: Copies of the supporting continues to read as follows: documents for Framework Adjustment Authority: 47 U.S.C. 154, 303, 334. 336. 12 are available from Paul J. Howard, FEDERAL COMMUNICATIONS § 73.202 [Amended] Executive Director, New England COMMISSION Fishery Management Council, 50 Water 2. Section 73.202(b), the Table of FM Street, Mill 2, Newburyport, MA 01950. 47 CFR Part 73 Allotments under New York, is FOR FURTHER INFORMATION CONTACT: Paul amended by removing Channel 269A at H. Jones, Fishery Policy Analyst, 978– [DA 00±371; MM Docket No. 99±245; RM± Owego, and adding Johnson City, 281–9273, fax 978-281-9135, e-mail 9680] Channel 269A. [email protected] Federal Communications Commission. Radio Broadcasting Services; Johnson SUPPLEMENTARY INFORMATION: City and Owego, NY John A. Karousos, Chief, Allocations Branch, Policy and Rules Background AGENCY: Federal Communications Division, Mass Media Bureau. Regulations implementing Commission. [FR Doc. 00–5136 Filed 3–2–00; 8:45 am] Amendment 7 to the FMP (64 FR 14835, ACTION: Final rule. BILLING CODE 6712±01±P March 29, 1999) redefined overfishing; revised the existing fishing mortality (F) SUMMARY: The Commission, at the reduction schedule through fishing year request of WEBO Radio, Inc., reallots DEPARTMENT OF COMMERCE 2008 to reduce the allowable DAS for Channel 269A from Owego to Johnson Atlantic sea scallop vessels in order to City, NY, as the community’s first local National Oceanic and Atmospheric rebuild the scallop stock within 10 aural service, and modifies the license Administration years; and established an annual of Station WLTB to specify Johnson City monitoring and review process to adjust as its community of license. See 64 FR 50 CFR Part 648 management measures to meet the stock 37924, July 14, 1999. Channel 269A can rebuilding objectives. be allotted to Johnson City in [Docket No. 000223050±0050±01; I.D. compliance with the Commission’s 013100C] The New England Fishery Management Council (Council) minimum distance separation RIN 0648±AN18 requirements with a site restriction of developed Framework 12 to the Sea Scallop FMP to adjust the fishing year 6.4 kilometers (4.0 miles) south, at Fisheries of the Northeastern United 2000 DAS allocations for limited access coordinates 42–03–44 North Latitude States; Framework 12 to the Atlantic scallop vessels. This action increases and 75–56–37 West Longitude, to avoid Sea Scallop Fishery Management Plan; the fishing year 2000 annual DAS a short-spacing to Station WXHC, Technical Amendment to the Monkfish allocations from the level specified in Channel 268A, Homer, NY, and to Landing Restrictions and Application/ the FMP as follows: Full-time from 51 accommodate petitioner’s desired Renewal Permit Restrictions transmitter site. Canadian concurrence DAS to 120 DAS, Part-time from 20 to in the allotment has been obtained since AGENCY: National Marine Fisheries 48 DAS, and Occasional from 4 to 10 Johnson City is located within 320 Service (NMFS), National Oceanic and DAS. The adjustment is needed to make kilometers (200 miles) of the U.S.- Atmospheric Administration (NOAA), the DAS allocations for fishing year Canadian border. Commerce. 2000 consistent with current resource ACTION: Final rule. conditions. DATES: Effective April 10, 2000. When the Council developed FOR FURTHER INFORMATION CONTACT: SUMMARY: NMFS issues this final rule to Amendment 7, survey data and stock Leslie K. Shapiro, Mass Media Bureau, implement measures contained in assessment information were current (202) 418–2180. Framework Adjustment 12 to the through July 1997. The multispecies SUPPLEMENTARY INFORMATION: This is a Atlantic Sea Scallop Fishery area closures had just recently been synopsis of the Commission’s Report Management Plan (FMP). The intent of implemented on Georges Bank and in and Order, MM Docket No. 99–245, Framework Adjustment 12 and these Southern New England, and the closure adopted February 16, 2000, and released final regulations is to adjust the limited to protect scallops had not yet been February 24, 2000. The full text of this access scallop days-at-sea (DAS) implemented in the Mid-Atlantic. The Commission decision is available for allocations for the fishing year March 1, effect of rebuilding stock in the closed inspection and copying during normal 2000, through February 28, 2001. This areas could not be predicted very business hours in the FCC Reference final rule also corrects and clarifies the precisely. Therefore, Amendment 7 Center (Room 239), 445 12th Street, SW, final rule implementing the Monkfish relied on large cuts in DAS allocations Washington, DC. The complete text of FMP by providing clarification on how to achieve the F targets needed to stop this decision may also be purchased the 5–percent and 25–percent incidental overfishing and rebuild the stock. from the Commission’s copy contractor, catch criteria are to be calculated for the Amendment 7 recognized the large International Transcription Services, purpose of determining the allowable reduction in DAS would have Inc., (202) 857–3800, 1231 20th Street, incidental catch level of monkfish and significant economic and social effects NW, Washington, DC 20036. monkfish tails compared to the total on the industry, the economy, and small

VerDate 022000 19:59 Mar 02, 2000 Jkt 190000 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\03MRR1.SGM pfrm08 PsN: 03MRR1 Federal Register / Vol. 65, No. 43 / Friday, March 3, 2000 / Rules and Regulations 11479 communities that depend on the scallop public during the second week in issue shows that a technical amendment fishery. November 1999 and notification of the is warranted by the record. Therefore, Based on an updated assessment from initial and final Council meetings were this final rule adds language to clarify the 29th Northeast Regional Stock mailed to people on the Council’s this measure by specifying that for the Assessment Workshop (September extensive interested party mailing list purpose of determining compliance 1999) and the 1999 Stock Assessment and published in the Federal Register. with the 5-percent and 25-percent and Fishery Evaluation (SAFE) Report, The final public hearing was held on incidental catch criteria, monkfish the Scallop Plan Development Team November 17, 1999. Testimony landed as whole weight will be (PDT) determined that increasing the provided by industry members at the converted to tail weight by dividing the Amendment 7 DAS allocations for each public meetings favored the increase in amount of whole weight possessed or of three permit categories to the same DAS allocation; there were no negative landed by 3.32. The converted tail amounts as in the 1999 fishing year comments. NMFS agrees and approved weight will then be used to determine would meet the 2000 F target. This is Framework 12 on February 22, 2000. the appropriate 5-percent or 25-percent contingent on scallops in the closed threshold. areas remaining protected or that access Monkfish Technical Amendment In addition, this final rule clarifies the by scallop vessels to the closed areas is This final rule also implements a permit application/renewal conservation neutral. The SAFE Report technical change to clarify the Council’s requirements for the monkfish fishery. dated September 1, 1999, included new intent concerning the 5-percent and 25- The current regulations biological projections that indicate that percent incidental catch criteria (§ 648.4(a)(9)((i)(B)) indicate that the scallop rebuilding is ahead of the implemented in regulations under the Regional Administrator must receive a schedule anticipated in the Amendment Monkfish FMP. This final rule adds completed application by the last day of 7 analysis. The accelerated rebuilding language that will clarify how the 5- the fishing year for which the permit is has occurred primarily because of a percent and 25-percent incidental catch required (April 30, 2000). However, strong year class of scallops in 1998 and criteria will be calculated for the § 648.4(a)(9)(i)(M) indicates that vessel because of rapidly accumulating purpose of determining the allowable owners must apply for a limited access biomass in the Georges Bank and incidental catch of monkfish and permit within 12 months of the effective Southern New England multispecies monkfish tails. The monkfish date of the regulations implementing the closed areas. More importantly, the regulations specify that any vessel Monkfish FMP, which became effective Amendment 7 F targets are now issued a monkfish Category C or D on November 8, 1999. This rule clarifies expected to rebuild stock biomass to permit that is fishing under a that applications for limited access target levels for Georges Bank by 2005 multispecies DAS and not under a monkfish permits must be received no and in the Mid-Atlantic by 2003. No monkfish DAS, may land up to 300 lb later than November 7, 2000, rather than recommendations were made by the (136 kg) tail weight or 996 lb (452 kg) the end of the monkfish fishing year Scallop PDT for subsequent years. whole weight of monkfish per DAS, or (April 30, 2000). 25 percent of the total weight of fish on Abbreviated Rulemaking board, whichever is less. As currently Classification The Council requested publication of written in the regulations, in order to This final rule has been determined to the management measures as a final rule comply with the 25-percent incidental be not significant for the purposes of after considering the required factors catch criterion, vessels that possess E.O. 12866. stipulated in the regulations governing whole monkfish must retain more fish The Assistant Administrator for the Atlantic sea scallop fishery overall than vessels that retain monkfish Fisheries, NOAA (AA), finds that (§ 648.55(g)) and providing supporting tails. For example, if a vessel landed 250 because public meetings held by the analysis for each factor considered. The lb (113.4 kg) of monkfish tails, its total Council to discuss the management Administrator, Northeast Region, fish landings must equal at least 830 lb measure implemented by this rule NMFS, concurred with the Council’s (376.5 kg) to fulfill the 25-percent rule. provided adequate prior notice and recommendation and has determined Conversely, if a vessel landed the whole opportunity for public comment, further that Framework Adjustment 12 should weight equivalent of the tails, i.e., 830 notice and opportunity to comment on be published as a final rule. lb (376.5 kg), the vessel must land at this rule is unnecessary. Also, because NMFS is adjusting the scallop least 3,320 lb (1505.9 kg) of total fish. the technical amendments to the regulations following the procedure for A similar rule also exists for any monkfish final rule merely clarify framework adjustments established by vessel issued a monkfish incidental Council intent regarding conversions of Amendment 4 and codified in 50 CFR catch permit and fishing with large weights and an application deadline part 648, subpart D. The Council mesh while not on a monkfish, without affecting a substantive change followed this procedure when making multispecies, or scallop DAS. Vessels to the existing regulations, prior notice adjustments to the FMP by developing fishing under this scenario may land and opportunity for public comment are and analyzing the actions over the span monkfish (whole or tails) only up to 5 unnecessary. Therefore, the AA, under 5 of two Council meetings held on percent of the total weight of fish on U.S.C. 553(b)(B), finds that good cause September 22, 1999, and November 17, board. As stated earlier, in order to exists to waive prior notice and 1999. comply with the 5-percent criterion opportunity for comment. vessels that possess whole monkfish are Increasing DAS allocations for fishing Public Comments Received and required to retain more fish than vessels year 2000 for scallop limited access Response that retain monkfish tails. vessels relieves restrictions. The September 22, 1999, Council To address this, the Council, at its Accordingly, under 5 U.S.C. 553(d)(1), meeting was the first of two meetings November 17, 1999, meeting, clarified the 30-day delay in effectiveness is not that provided an opportunity for public its intent and voted to recommend a required. Technical amendments to comment on Framework Adjustment 12. technical change to the final rule § 648.4(a)(9)(i)(B) and § 648.94(b)(4)(i), A draft document containing the implementing the Monkfish FMP. A (b)(4)(ii), (c)(1)(i), and (c)(3)(i) merely proposed management measures and review of the Monkfish FMP text and clarifies the existing regulations. They their rationale was available to the background material germane to the do not make any substantive change to

VerDate 022000 19:59 Mar 02, 2000 Jkt 190000 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\03MRR1.SGM pfrm08 PsN: 03MRR1 11480 Federal Register / Vol. 65, No. 43 / Friday, March 3, 2000 / Rules and Regulations the regulations. Thus, these List of Subjects in 50 CFR Part 648 § 648.4 Vessel and individual commercial permits. amendments do not constitute a Fisheries, Fishing, Reporting and substantive rule subject to the recordkeeping requirements. (a) * * * requirement for a 30-day delay in effective date contained in 5 U.S.C. Dated: February 29, 2000. (9) * * * 553(d). Andrew A. Rosenberg, (i) * * * Because a general notice of proposed Deputy Assistant Administrator for Fisheries, (B) Application/renewal restrictions. rulemaking is not required under 5 National Marine Fisheries Service. No one may apply for an initial limited U.S.C. 553, or any other law, the For the reasons set out in the analytical requirements of the preamble, 50 CFR part 648 is amended access monkfish permit for a vessel after Regulatory Flexibility Act, 5 U.S.C. 601 as follows: November 7, 2000. et seq., are inapplicable. While a * * * * * PART 648ÐFISHERIES OF THE regulatory flexibility analysis is not 3. In § 648.53, paragraph (b) is NORTHEASTERN UNITED STATES required and none has been prepared, amended by revising the table to read as the economic impacts on affected 1. The authority citation for part 648 follows: fishers and alternatives to the rule were continues to read as follows: considered by the Council and NMFS. § 648.53 DAS allocations. Copies of the analysis for Framework 12 Authority: 16 U.S.C. 1801 et seq. * * * * * may be obtained from the Council (see 2. In § 648.4, paragraph (a)(9)(i)(B) is ADDRESSES). revised to read as follows: (b) DAS allocations. ***

1999± 2000± 2001± 2002± 2003± 2004± 2005± 2006± 2007± DAS category 2000 2001 2002 2003 2004 2005 2006 2007 2008 2008+

Full-time 120 120 49 46 45 34 35 38 36 60 Part-time 48 48 19 18 18 14 14 15 17 24 Occasional 10 10 4 4 4 3 3 3 4 5

* * * * * weight, the amount of whole weight tail weight, the amount of whole weight 4. In § 648.94, paragraphs (b)(4)(i), possessed or landed is divided by 3.32. possessed or landed is divided by 3.32. (b)(4)(ii), (c)(1)(i), and (c)(3)(i) are * * * * * * * * * * revised to read as follows: (c) * * * [FR Doc. 00–5195 Filed 3–1–00; 9:50 am] (1) * * * BILLING CODE 3510±22±F § 648.94 Monkfish possession and landing (i) NFMA. Vessels issued a monkfish restrictions. incidental catch permit fishing under a * * * * * multispecies DAS exclusively in the DEPARTMENT OF COMMERCE (b) * * * NFMA may land up to 300 lb (136 kg) (4) * * * tail weight or 996 lb (452 kg) whole National Oceanic and Atmospheric (i) NFMA. Any Category C or D vessel weight of monkfish per DAS, or 25 Administration that is fishing under a multispecies DAS percent (where the weight of all in the NFMA may land up to 300 lb (136 monkfish is converted to tail weight) of 50 CFR Part 660 kg) tail weight or 996 lb (452 kg) whole the total weight of fish on board, [Docket No. 990430113±913±01; I.D. weight of monkfish per DAS, or 25 whichever is less. For the purposes of 022200E] percent (where the weight of all converting whole weight to tail weight, monkfish is converted to tail weight) of the amount of whole weight possessed Fisheries Off West Coast and Western the total weight of fish on board, or landed is divided by 3.32. Pacific States; West Coast Salmon whichever is less. For the purposes of * * * * * Fisheries; Adjustment in the Opening converting whole weight to tail weight, (c) * * * Date of the Recreational Seasons from the amount of whole weight possessed (3) * * * Point Arena to the U.S.-Mexico Border or landed is divided by 3.32. (i) Vessels fishing in the GOM/GB, AGENCY: National Marine Fisheries (ii) SFMA. If any portion of a trip is SNE and MA Regulated Mesh Areas Service (NMFS), National Oceanic and fished only under a multispecies DAS with large mesh. A vessel issued a valid Atmospheric Administration (NOAA), and not under a monkfish DAS in the monkfish incidental catch permit and Commerce. SFMA, a vessel issued a Category C or fishing in the GOM/GB or SNE RMAs ACTION: Inseason adjustment; request for D permit may land up to 300 lb (136 kg) with large mesh as defined in comments. tail weight or 996 lb (452 kg) whole § 648.80(a)(2)(i) and (b)(2)(i), weight of monkfish per DAS, or 25 respectively, or fishing in the MA RMA SUMMARY: NMFS announces that percent (where the weight of all with mesh no smaller than specified at recreational salmon fisheries will open monkfish is converted to tail weight) of § 648.104(a)(1), while not on a on April 1, 2000, in the area from the total weight of fish on board, monkfish, multispecies, or scallop DAS, Pigeon Point, CA, to the U.S.-Mexico whichever is less, if trawl gear is used may possess, retain, and land monkfish Border, and will open on April 15, 2000, exclusively during the trip, or 50 lb (23 (whole or tails) only up to 5 percent in the area from Point Arena to Pigeon kg) tail weight or 166 lb (75 kg) whole (where the weight of all monkfish is Point, CA. This action is consistent with weight if gear other than trawl gear is converted to tail weight) of the total the recommendations of the Pacific used during the trip. For the purposes weight of fish on board. For the Fishery Management Council (Council) of converting whole weight to tail purposes of converting whole weight to and actions taken by the California Fish

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