41020 Federal Register / Vol. 61, No. 153 / Wednesday, August 7, 1996 / Rules and Regulations

Procedures, the miscellaneous changes EFFECTIVE DATE: This rule takes effect on comprised of a cup-shaped, three-lobed resulted in an annual savings, without September 6, 1996. calyx; three petals; six stamens; and a associated costs or adverse effects on ADDRESSES: The complete file for this three-lobed stigma. The spherical, hard, safety. final rule is available for public black fruit is 1.8 to 2 cm (0.7 to 0.8 in.) in diameter. This species is Need for Correction inspection, by appointment, during normal business hours, at the U.S. Fish distinguished from others of the genus The final rule in amendatory and Wildlife Service, Pacific Islands by the thin leaf texture and drooping instruction 36. mistakenly did not Ecoregion, 300 Ala Moana Boulevard, leaf segments; the tan woolly hairs on include the former C.6. as the new D.8. Room 3108, P.O. Box 50088, Honolulu, the underside of the petiole and the leaf The effect of this inadvertency is the Hawaii 96850. blade base; the stout hairless flower omission of the ‘‘ASME Boiler and FOR FURTHER INFORMATION CONTACT: clusters that do not extend beyond the Pressure Vessel Code, Section IX Robert P. Smith, Pacific Islands fan-shaped leaves; and the smaller * * *.’’ Ecoregion Manager, at the above address spherical fruit (Read and Hodel 1990). Hawaiian land practices prior to Correction of Publication (808/541–2749). European contact probably destroyed Accordingly, the publication on June SUPPLEMENTARY INFORMATION: most of the forest on Niihau. Grazing 6, 1996, of the final rule (Docket PS– Background animals were introduced to the island 124), which was the subject of FR Doc. beginning in the 1700s. Cattle (Bos 96–13787, is corrected as follows: In 1947, on one of his botanical taurus), goats (Capra hircus), sheep collecting trips to Niihau, Harold St. Appendix A to Part 192—[Corrected] (Ovis aries), and pigs (Sus scrofa) have John discovered a new species of the decreased available habitat for On page 28786, in the second column, only genus of palms native to the Pritchardia aylmer-robinsonii as well as lines 12 and 13, of the amendatory Hawaiian Islands. He named it directly damaging trees, seedlings, and/ instruction 36. are corrected to read Pritchardia aylmer-robinsonii in honor or seeds. The entire island is now ‘‘through D.6. as subsections D.5. of Aylmer F. Robinson, a member of the classified an Agricultural District, and it through D.8., respectively, and by family that owns the island and a is managed as a cattle and sheep ranch. adding new’’. person who provided St. John with Although approximately 200 immature Issued in Washington, DC, August 1, 1996. much information regarding the island’s individuals have been cultivated on plants (St. John 1959). Richard B. Felder, Niihau and Kauai, extinction from Historically, Pritchardia aylmer- naturally occurring events and/or Associate Administrator for Pipeline Safety. robinsonii was found at three sites in [FR Doc. 96–20017 Filed 8–6–96; 8:45 am] reduced reproductive vigor due to the the eastern and central portions of the small number of reproductive plants are BILLING CODE 4910±60±P island of Niihau. Trees were found on major threats. Because palms take many Kaali Cliff and in Mokouia and Haao years to mature, it is not known whether Valleys at elevations between 70 and the immature plants now in cultivation DEPARTMENT OF THE INTERIOR 270 meters (m) (230 and 890 feet (ft)) are capable of reproducing and (Hawaii Heritage Program (HHP) 1991a Fish and Wildlife Service sustaining a viable population. to 1991d). The most recent observations Roof rats (Rattus rattus) are a indicate two plants still remain on Kaali 50 CFR Part 17 potential threat to this species since Cliff (Read and Hodel 1990). Originally they eat the seeds of some palms of this RIN 1018±AB88 a component of the Coastal Dry Forest, genus and are found on Niihau (Beccari this species now occurs only in a rugged and Rock 1921; Cuddihy and Stone Endangered and Threatened Wildlife and steep area where it receives some and Plants; Endangered Status for the 1990; Department of Geography 1983; protection from grazing animals. The St. John 1959; Tomich 1986; Wagner et Hawaiian Plant Pritchardia aylmer- substrate in the seepage area is rocky al. 1985; John Fay, U.S. Fish and robinsonii (wahane) talus. Prosopis pallida (kiawe), an Wildlife Service, pers. comm. 1992). AGENCY: introduced tree, is one of the palm’s few Fish and Wildlife Service, Previous Federal Action Interior. associated plant taxa. Other native ACTION: Final rule. plants that have been found in the area Federal action on these plants began include Brighamia insignis (’olulu), as a result of section 12 of the SUMMARY: The U.S. Fish and Wildlife Cyperus trachysanthos (pu’uka’a), Endangered Species Act (Act) of 1973, Service (Service) determines Lipochaeta lobata var. lobata (nehe), as amended (16 U.S.C. 1531 et seq.), endangered status pursuant to the and Lobelia niihauensis (HHP 1991e; St. which directed the Secretary of the Endangered Species Act of 1973, as John 1959; Keith Woolliams, Waimea Smithsonian Institution to prepare a amended (Act), for the plant Pritchardia Arboretum and Botanical Garden, pers. report on plants considered to be aylmer-robinsonii (wahane). The species comm. 1980). Pritchardia aylmer- endangered, threatened, or extinct in the is endemic to the island of Niihau, robinsonii of the palm family United States. This report, designated as Hawaiian Islands. The species and its (Arecaceae) is a fan-leaved tree about 7 House Document No. 94–51, was habitat have been affected and are to 15 m (23 to 50 ft) tall with a trunk presented to Congress on January 9, currently threatened by cattle, pigs, and approximately 20 to 30 centimeters (cm) 1975. In that document, Pritchardia sheep. Due to the small number of (8 to 12 inches (in.)) in diameter. The aylmer-robinsonii was considered to be existing individuals and their very upper and lower leaf surfaces are green endangered. On July 1, 1975, the Service narrow distribution, this species is and hairless, and leaf segments are published a notice in the Federal subject to reduced reproductive vigor rather thin and drooping. The lower Register (40 FR 27823) of its acceptance and/or an increased likelihood of surfaces of the petiole and the leaf ribs of the Smithsonian report as a petition extinction from naturally occurring are covered with dense, tan wool. The within the context of section 4(c)(2) events. This final rule implements the branched, hairless flower clusters are (now section 4(b)(3)) of the Act, and Federal protection provisions provided located among the leaves and are no giving notice of its intention to review by the Act. longer than the petioles. Each flower is the status of the plant taxa named Federal Register / Vol. 61, No. 153 / Wednesday, August 7, 1996 / Rules and Regulations 41021 therein. As a result of that review, the naturalists. The Service determines individuals on private lands from Service published a proposed rule on Pritchardia aylmer-robinsonii to be removing or damaging an endangered June 16, 1976, in the Federal Register endangered with the publication of this plant species in knowing violation of (41 FR 24523) to determine endangered rule. State law. Section 10 of the Act outlines status pursuant to section 4 of the Act The processing of this final listing some exceptions to these prohibitions. for approximately 1,700 vascular plant rule conforms with the Service’s final In addition, while the Act authorizes taxa, including Pritchardia aylmer- listing priority guidance published in land acquisition from a willing seller as robinsonii. The list of 1,700 plant taxa the Federal Register on May 16, 1996 a tool to help protect and recover a was assembled on the basis of (61 FR 24722). The guidance clarifies listed species in some cases, it does not comments and data received by the the order in which the Service will provide for ‘‘seizure’’ of private lands. If Smithsonian Institution and the Service process rulemakings following two additional measures are needed to in response to House Document No. 94– related events: 1) the lifting, on April protect the species, such as propagation 51 and the July 1, 1975, Federal 26, 1996, of the moratorium on final of the species on Federal land, the Register publication. General comments listings imposed on April 10, 1995 Service will work cooperatively with received in response to the 1976 (Public Law 104–6), and 2) the the landowner. Federally listed species proposal are summarized in an April 26, restoration of significant funding for are also accorded listed status under 1978, Federal Register publication (43 listing through passage of the omnibus Hawaii State law. In general, Hawaii law FR 17909). In 1978, amendments to the budget reconciliation law on April 26, prohibits the taking of listed species Act required that all proposals over 2 1996, following severe funding within that State and encourages years old be withdrawn. A 1-year grace constraints imposed by a number of conservation measures by State period was given to proposals already continuing resolutions between agencies. For more information on over 2 years old. On December 10, 1979, November 1995 and April 1996. The applicable provisions of State law, the Service published a notice in the guidance calls for giving highest priority contact the Hawaii Department of Land Federal Register (44 FR 70796) to handling emergency situations (Tier and Natural Resources. withdrawing the portion of the June 16, 1) and second highest priority (Tier 2) Summary of Factors Affecting the 1976, proposal that had not been made to resolving the listing status of the Species final, along with four other proposals outstanding proposed listings. This final that had expired. The Service published rule falls under Tier 2. At this time there After a thorough review and updated notices of review for plants on are no pending Tier 1 actions. consideration of all information December 15, 1980 (45 FR 82479), available, the Service has determined Summary of Comments and that Pritchardia aylmer-robinsonii September 27, 1985 (50 FR 39525), and Recommendations February 21, 1990 (55 FR 6183). In these should be classified as an endangered notices, Pritchardia aylmer-robinsonii In the December 17, 1992, proposed species. Procedures found at section was treated as a candidate for Federal rule and associated notifications, all 4(a)(1) of the Act and regulations (50 listing. interested parties were requested to CFR part 424) promulgated to Section 4(b)(3)(B) of the Act requires submit factual reports or information implement the listing provisions of the the Secretary to make findings on that might contribute to the Act were followed. A species may be petitions that present substantial development of a final rule. The public determined to be an endangered species information indicating that the comment period ended February 16, due to one or more of the five factors petitioned action may be warranted 1993. Appropriate State agencies, described in section 4(a)(1). These within 12 months of their receipt. county governments, Federal agencies, factors and their application to Section 2(b)(1) of the 1982 amendments scientific organizations, and other Pritchardia aylmer-robinsonii St. John further requires all petitions pending on interested parties were contacted and (wahane) are as follows: October 13, 1982, be treated as having requested to comment. A newspaper A. The present or threatened been newly submitted on that date. On notice inviting public comment was destruction, modification, or October 13, 1983, the Service found that published in Kauai’s ‘‘The Garden curtailment of its habitat or range. The the petitioned listing of Pritchardia Island’’ on December 28, 1992. Two habitat of Pritchardia aylmer-robinsonii aylmer-robinsonii was warranted but letters of comment, including one from has undergone extreme alteration precluded by other pending listing an organization and one from an because of past and present land actions, in accordance with section individual, were received and are management practices, including 4(b)(3)(B)(iii) of the Act; notification of discussed below. agricultural use and introductions of this finding was published on January One respondent supported the listing alien animals. The Hawaiians made 20, 1984 (49 FR 2485). Such a finding of Pritchardia aylmer-robinsonii and extensive agricultural use of Niihau requires the Service to consider the one opposed the listing. One issue was before European contact. Modification petition as having been resubmitted, raised in the opposing respondent’s of habitat by introduced animals, pursuant to section 4(b)(3)(C)(i) of the letter. This issue and the Service’s currently cattle, pigs, and sheep and Act. The finding was reviewed in response is discussed below. formerly goats, is one of the major October of 1984, 1985, 1986, 1987, 1988, Issue: Listing of this species will give threats facing Pritchardia aylmer- 1989, 1990, and 1991. Publication of the Federal and State governments authority robinsonii. proposed rule constituted the final 1- to interfere with private landowners and Cattle (Bos taurus) were introduced to year finding for this species. to seize private lands. the Hawaiian Islands in 1793. Feral On December 17, 1992, the Service Response: Section 9 of the Act cattle formerly occurred on Niihau and published a proposal in the Federal contains the prohibitions and, in caused much damage on the island. Register (57 FR 59970) to list the plant general, prohibits the sale of an Goats (Capra hircus) were successfully Pritchardia aylmer-robinsonii as endangered plant species in interstate or introduced to the Hawaiian Islands in endangered. This proposal was based foreign commerce, or importing or 1792. All feral goats were removed from primarily on information supplied by exporting such a plant species. With Niihau in about 1910, but they had the Hawaii Heritage Program and regard to prohibitions applicable to already caused considerable damage to observations by botanists and private lands, section 9 prohibits the dry and mesic forests. Sheep (Ovis 41022 Federal Register / Vol. 61, No. 153 / Wednesday, August 7, 1996 / Rules and Regulations aries) were also introduced to Niihau, of biological resources (HRS, sect. Critical habitat is not being designated where they have and continue to 195D–5(a)). The State may enter into for Pritchardia aylmer-robinsonii for damage the native vegetation and agreements with Federal agencies to reasons discussed in the ‘‘Critical substrate. Pigs (Sus scrofa) were administer and manage any area Habitat’’ section of this final rule. introduced to the Hawaiian Islands by required for the conservation, Critical Habitat the Polynesian immigrants and later management, enhancement, or from European ships. Pigs presently on protection of endangered species (HRS, Section 4(a)(3) of the Act, as Niihau cause damage to the substrate sect. 195D–5(c)). Funds for these amended, requires that, to the maximum and plants and eat the seeds of activities can be made available under extent prudent and determinable, the Pritchardia aylmer-robinsonii (Cuddihy section 6 of the Federal Act (State Secretary designate critical habitat at the and Stone 1990; Stone 1985; Tomich Cooperative Agreements). The Hawaii time a species is listed as endangered or 1986; Wagner et al. 1985; J. Fay, pers. Department of Land and Natural threatened. The Service finds that comm. 1992). Resources is mandated to initiate designation of critical habitat is not B. Overutilization for commercial, changes in conservation district presently prudent for Pritchardia recreational, scientific, or educational boundaries to include ‘‘the habitat of aylmer-robinsonii. The Service’s purposes. Because the natural rare native species of flora and fauna regulations (50 CFR 424.12(a)(1)) state population is on a privately owned within the conservation district’’ (HRS, that designation of critical habitat is not island with limited public access, sect. 195D–205–4). Currently, the entire prudent when one or both of the activities such as unrestricted collecting island of Niihau is within the following situations exist: (1) the for scientific or horticultural purposes Agricultural District. Listing of this species is imperiled by taking or other and excessive visits by individuals species will activate the protection human activity, and identification of interested in seeing rare plants are available under the State Act and other critical habitat can be expected to unlikely to occur. laws. The Federal Act offers additional increase the degree of such threat to the C. Disease or predation. Niihau is protection to this species because it is species; or (2) such designation of used as a cattle and sheep ranch with a violation of the Act for any person to critical habitat would not be beneficial animals ranging in many areas of the remove, cut, dig up, damage, or destroy to the species. In the case of the Pritchardia aylmer- island. Predation is a probable threat any such plant in an area not under robinsonii, the second criterion is met. since Pritchardia aylmer-robinsonii is Federal jurisdiction in knowing All individuals of Pritchardia aylmer- not known to be unpalatable to these violation of State law or regulation or in robinsonii are found on private lands ungulates. St. John noted damage to one the course of any violation of a State where Federal involvement in land-use tree believed to have been caused by an criminal trespass law. animal (1959). The current occurrence activities does not generally occur. of plants only in a rocky area E. Other natural or manmade factors Critical habitat has legal significance to inaccessible to ungulates indicates the affecting its continued existence. The actions authorized, funded, or carried effect that browsing mammals have had small number of individuals of out by Federal agencies under section 7 in restricting the distribution of the Pritchardia aylmer-robinsonii increases of the Act. Since section 7 would not species. the potential for extinction from apply to wholly private activities, Roof and black rats (Rattus rattus), naturally occurring events. A single critical habitat designation would not which occur on Niihau, have been human-caused or natural environmental appreciably benefit the species in this reported to damage the fruit of other disturbance could destroy the only two case. species of Pritchardia and, thus, pose a naturally occurring individuals as well potential threat to Pritchardia aylmer- as a significant portion of the cultivated Available Conservation Measures robinsonii (Beccari and Rock 1921). plants on Niihau and Kauai. In addition, Conservation measures provided to D. The inadequacy of existing the limited gene pool may depress species listed as endangered under the regulatory mechanisms. The known reproductive vigor. Act include recognition, recovery natural habitat of this species is located The Service has carefully assessed the actions, requirements for Federal exclusively on privately owned land. best scientific and commercial protection, and prohibitions against There is currently no existing regulatory information available regarding the past, certain activities. Recognition through mechanism or other authority to prevent present, and future threats faced by this listing can encourage conservation further decline of this species on private species in this final rule. Based on this actions by Federal, State, and private land. Hawaii’s Endangered Species Act evaluation, this rulemaking will list agencies, groups, and individuals. The states, ‘‘Any species of aquatic life, Pritchardia aylmer-robinsonii as Act provides for possible land wildlife, or land plant that has been endangered. This species numbers only acquisition and cooperation with the determined to be an endangered species two naturally occurring individuals in State and requires that recovery plans be pursuant to the [Federal] Endangered one population. Approximately 200 developed for listed species. The Species Act shall be deemed to be an immature individuals have been requirements for Federal agencies and endangered species under the cultivated on Niihau and Kauai. The the prohibitions against certain provisions of this chapter* * *’’ (HRS, species is threatened by habitat activities involving listed plants are sect. 195D–4(a)). Federal listing degradation, lack of legal protection, discussed, in part, below. automatically triggers listing under and/or predation by cattle, pigs, and Section 7 of the Act, as amended, Hawaii State law, which prohibits sheep. Small population size and requires Federal agencies to evaluate taking of endangered plants in the State limited distribution make this species their actions with respect to any taxon and encourages conservation by State particularly vulnerable to reduced that is proposed or listed as endangered agencies (HRS, sect. 195D–4). reproductive vigor and/or extinction and with respect to its critical habitat, State laws relating to the conservation from naturally occurring events. if any is being designated. Regulations of biological resources allow for the Because this species is in danger of implementing this interagency acquisition of land as well as the extinction throughout all or a significant cooperation provision of the Act are development and implementation of portion of its range, it fits the definition codified at 50 CFR part 402. When a programs concerning the conservation of endangered as defined in the Act. species is listed, section 7(a)(2) of the Federal Register / Vol. 61, No. 153 / Wednesday, August 7, 1996 / Rules and Regulations 41023

Act requires Federal agencies to insure those activities that would or would not National Environmental Policy Act of that activities they authorize, fund, or constitute a violation of section 9 of the 1969, need not be prepared in carry out are not likely to jeopardize the Act at the time of listing. The intent of connection with regulations adopted continued existence of such a species or this policy is to increase public pursuant to Section 4(a) of the Act of to destroy or adversely modify its awareness of the effect of listing on 1973, as amended. A notice outlining critical habitat. If a Federal action may proposed or ongoing activities. the Service’s reasons for this affect a listed species or its critical Pritchardia aylmer-robinsonii exists as determination was published in the habitat, the responsible Federal agency two individuals in one population on Federal Register on October 25, 1983 must enter into consultation with the privately owned land. Since there is no (48 FR 49244). Service. No Federal activities are known Federal ownership, and the species is to occur within the habitat of not in commercial trade, the only References Cited Pritchardia aylmer-robinsonii. potential section 9 involvement would A complete list of all references cited The Act and its implementing relate to removing or damaging the plant herein is available upon request from regulations found at 50 CFR 17.61, in knowing violation of State law. the Pacific Islands Ecoregion (see 17.62, and 17.63 for endangered plant Hawaii’s Endangered Species Act states, ADDRESSES section). species, set forth a series of general ‘‘Any species of aquatic life, wildlife, or prohibitions and exceptions that apply land plant that has been determined to Authors to all endangered plant species. With be an endangered species pursuant to The authors of this final rule are respect to Pritchardia aylmer-robinsonii, the [Federal] Endangered Species Act Marie M. Bruegmann and Zella E. all prohibitions of section 9(a)(2) of the shall be deemed to be an endangered Ellshoff, Pacific Islands Ecoregion, (see Act, implemented by 50 CFR 17.61, species under the provisions of this ADDRESSES section) (808/541–2749). apply. These prohibitions, in part, make chapter * * *’’ (HRS, sect. 195D–4(a)). it illegal for any person subject to the Federal listing automatically triggers List of Subjects in 50 CFR Part 17 jurisdiction of the United States to listing under Hawaii State law, which Endangered and threatened species, import or export any endangered plant prohibits taking of endangered plants in Exports, Imports, Reporting and species; transport such species in the State and encourages conservation recordkeeping requirements, and interstate or foreign commerce in the by State agencies (HRS, sect. 195D–4). Transportation. course of a commercial activity; sell or The Service is not aware of any other offer for sale such species in interstate activities being conducted that will be Regulation Promulgation or foreign commerce; remove and affected by this listing and result in a reduce to possession an endangered violation of section 9. Questions Accordingly, part 17, subchapter B of plant species from areas under Federal regarding whether specific activities chapter I, title 50 of the Code of Federal jurisdiction; maliciously damage or will constitute a violation of section 9 Regulations, is amended as set forth destroy any such species on any area should be directed to the Ecoregion below: under Federal jurisdiction; or remove, Manager of the Service’s Pacific Islands PART 17Ð[AMENDED] cut, dig up, damage, or destroy any such Office (see ADDRESSES section). Requests species on any other area in knowing for copies of the regulations concerning 1. The authority citation for part 17 violation of any State law or regulation listed plants and inquiries regarding continues to read as follows: or in the course of any violation of a prohibitions and permits may be Authority: 16 U.S.C. 1361–1407; 16 U.S.C. State criminal trespass law. Certain addressed to the U.S. Fish and Wildlife 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– exceptions apply to agents of the Service, Ecological Services, 625, 100 Stat. 3500; unless otherwise noted. Service and State conservation agencies. Endangered Species Permits, 911 N.E. The Act and 50 CFR 17.62 and 17.63 11th Avenue, Portland, Oregon, 97232– 2. Section 17.12(h) is amended by also provide for the issuance of permits 4181 (telephone 503/231–2063; adding the following, in alphabetical to carry out otherwise prohibited Facsimile 503/231–6243). order under flowering plants, to the List activities involving endangered plant of Endangered and Threatened Plants, to species under certain circumstances. National Environmental Policy Act read as follows: It is the policy of the Service, The Service has determined that an published in the Federal Register on Environmental Assessment or § 17.12 Endangered and threatened plants. July 1, 1994 (59 FR 34272), to identify Environmental Impact Statement, as * * * * * to the maximum extent practicable defined under the authority of the (h) * * *

Species Historic range Family Status When listed Critical Special Scientific name Common name habitat rules

Flowering Plants:

******* Pritchardia Wahane ...... U.S.A. (HI) ...... Arecaceae ...... E 586 NA NA aylmer- robinsonii.

******* 41024 Federal Register / Vol. 61, No. 153 / Wednesday, August 7, 1996 / Rules and Regulations

Dated: July 19, 1996. (GOA). NMFS is requiring that catches established by the Final 1996 Harvest John G. Rogers, of northern rockfish in this area be Specifications of Groundfish (61 FR Acting Director, Fish and Wildlife Service. treated in the same manner as 4304, February 5, 1996), as 20 metric [FR Doc. 96–19963 Filed 8–6–96; 8:45 am] prohibited species and discarded at sea tons. (See § 679.20(c)(3)(ii).) BILLING CODE 4310±55±P with a minimum of injury. This action The Director, Alaska Region, NMFS, is necessary because the northern has determined, in accordance with rockfish total allowable catch (TAC) in § 679.20(d)(2), that the TAC for northern DEPARTMENT OF COMMERCE the Eastern Regulatory Area of the GOA rockfish in the Eastern Regulatory Area has been reached. of the GOA has been reached. Therefore, National Oceanic and Atmospheric EFFECTIVE DATE: 1200 hrs, Alaska local NMFS is requiring that further catches Administration time (A.l.t.), August 1, 1996, until 2400 of northern rockfish in the Eastern hrs, A.l.t., December 31, 1996. Regulatory Area of the GOA be treated 50 CFR Part 679 FOR FURTHER INFORMATION CONTACT: as prohibited species in accordance [Docket No. 960129018±6018±01; I.D. Thomas Pearson, 907–486–6919. with § 679.21(b). 073196A] SUPPLEMENTARY INFORMATION: The Classification groundfish fishery in the GOA exclusive Fisheries of the Exclusive Economic economic zone is managed by NMFS This action is taken under 50 CFR Zone Off Alaska; Northern Rockfish in according to the Fishery Management 679.20 and is exempt from review under the Eastern Gulf of Alaska Plan for Groundfish of the GOA (FMP) E.O. 12866. AGENCY: National Marine Fisheries prepared by the North Pacific Fishery Authority: 16 U.S.C. 1801 et seq. Service (NMFS), National Oceanic and Management Council under authority of Atmospheric Administration (NOAA), the Magnuson Fishery Conservation and Dated: August 1, 1996. Commerce. Management Act. Fishing by U.S. Richard W. Surdi, ACTION: Closure. vessels is governed by regulations Acting Director, Office of Fisheries implementing the FMP at subpart H of Conservation and Management, National SUMMARY: NMFS is prohibiting retention 50 CFR part 600 and 50 CFR part 679. Marine Fisheries Service. of northern rockfish in the Eastern The TAC for northern rockfish in the [FR Doc. 96–20056 Filed 8–1–96; 4:40 pm] Regulatory Area of the Gulf of Alaska Eastern Regulatory Area of the GOA was BILLING CODE 3510±22±F