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Federal Register / Vol. 67, No. 146 / Tuesday, July 30, 2002 / Proposed Rules 
determined that the rule does not 
unduly burden the judicial system and 
meets the requirements of sections 3(a) 
and 3(b)(2) of the Executive Order. The 
proposed rule has been reviewed to 
eliminate drafting errors and ambiguity, 
was written to minimize litigation, 
provides a clear legal standard for 
affected conduct rather than a general 
standard, and promotes simplification 
and burden reduction. 
We have reviewed this rule in 
accordance with the criteria of the 
National Environmental Policy Act and 
our Departmental Manual in 516 DM. 
This rule does not constitute a major 
Federal action significantly affecting the 
quality of the human environment. An 
environmental impact statement/
assessment is not required. The action is 
categorically excluded under the 
Department’s NEPA procedures (516 
DM 2, Appendix 1.10), which apply to 
policies, directives, regulations, and 
guidelines of an administrative, legal, 
technical, or procedural nature; or the 
environmental effects of which are too 
broad, speculative, or conjectural to 
lend themselves to meaningful analysis 
and will be subject later to the NEPA 
process, either collectively or case-by-
case. 
In accordance with the President’s 
memorandum of April 29, 1994, 
‘‘Government-to-Government Relations 
with Native American Tribal 
Governments’’ (59 FR 22951), Executive 
Order 13175, and 512 DM 2, we have 
evaluated potential effects on Federally 
recognized Indian tribes and have 
determined that there are no potential 
effects. 
On May 18, 2001, the President issued 
Executive Order 13211 on regulations 
that significantly affect energy supply, 
distribution, and use. Executive Order 
13211 requires agencies to prepare 
Statements of Energy Effects when 
undertaking certain actions. Because 
this proposal is intended to prevent the 
accidental or intentional introduction of 
black carp and the possible subsequent 
establishment of populations of these 
fish in the wild, it is not a significant 
regulatory action under Executive Order 
12866 and is not expected to 
significantly affect energy supplies, 
distribution, and use. Therefore, this 
action is a not a significant energy 
action and no Statement of Energy 
Effects is required. 
This proposed rule solicits economic, 
biologic, or other information 
concerning black carp. The information 
will be used to determine if the species 
is a threat, or potential threat, to those 
interests of the United States delineated 
above, and thus warrants addition to the 
list of injurious fish in 50 CFR 16.13. 
Public Comments Solicited 
Please send comments to Chief, 
Division of Environmental Quality, U.S. 
Fish and Wildlife Service, 4401 North 
Fairfax Drive, Suite 322, Arlington, VA 
22030. Comments may be hand 
delivered or faxed to (703) 358–1800. If 
you submit comments by e-mail, please 
submit comments as an ASCII file 
format and avoid the use of special 
characters and encryption. Please 
include ‘‘Attn: [RIN 1018–AG70]’’ and 
your name and return address in your 
e-mail message. Please note that this 
email address will be closed at the 
termination of this public comment 
period.
Our practice is to make comments, 
including names and home addresses of 
respondents, available for public review 
during regular business hours. 
Individual respondents may request that 
we withhold their home address from 
the rulemaking record, which we will 
honor to the extent allowable by law. In 
some circumstances, we would 
withhold from the rulemaking record a 
respondent’s identity, as allowable by 
law. If you wish us for to withhold your 
name and/or address, you must state 
this prominently at the beginning of 
your comment. However, we will not 
consider anonymous comments. We 
will make all submissions from 
organizations or businesses, and from 
individuals identifying themselves as 
representatives or officials of 
organizations or businesses, available 
for public inspection in their entirety.
List of Subjects in 50 CFR Part 16 
Fish, Imports, Reporting and 
recordkeeping requirements, 
Transportation, Wildlife.
Accordingly, we propose to amend 
part 16, subchapter B, of Chapter I, Title 
50 of the Code of Federal Regulations as 
set forth below.
PART 16—[AMENDED] 
1. The authority citation for part 16 
continues to read as follows:
Authority: 18 U.S.C. 42.
2. Amend § 16.13 by revising 
paragraph (a)(2) to read as follows:
§ 16.13
Importation of live or dead fish, 
mollusks, and crustaceans, or their eggs. 
(a) * * * 
(2) The importation, transportation, or 
acquisition of any live fish or viable 
eggs of the walking catfish, family 
Clariidae; live mitten crabs, genus 
Eriochei, or their viable eggs; live 
mollusks, veligers, or viable eggs of 
zebra mussels, genus Dreissena; and any 
live black carp (Mylopharyngodon 
piceus) or their viable eggs, is prohibited 
except as provided under the terms and 
conditions set forth in § 16.22.
* 
* 
* 
* 
*
Dated: July 18, 2002. 
Craig Manson, 
Assistant Secretary for Fish and Wildlife and 
Parks.
[FR Doc. 02–19158 Filed 7–29–02; 8:45 am] 
BILLING CODE 4310–55–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric 
Administration
50 CFR Part 622
[I.D. 071802B]
Fisheries of the Caribbean, Gulf of 
Mexico, and South Atlantic; 
Sustainable Fisheries Act (SFA) 
Requirements for Species in the U.S. 
Caribbean; Comprehensive 
Amendment Addressing SFA 
Definitions in Fishery Management 
Plans of Puerto Rico and the U.S. 
Virgin Islands; Scoping Meetings
AGENCY: National Marine Fisheries 
Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), 
Commerce.
ACTION: Notice of scoping meetings; 
request for comments.
SUMMARY: The Council will convene 
scoping meetings to solicit additional 
public comments on the scope of issues 
to be addressed in a draft supplemental 
environmental impact statement 
(DSEIS) that will assess the impacts on 
the natural and human environment of 
the various managed fisheries related to 
the management measures proposed 
under the draft Comprehensive 
Amendment Addressing SFA 
Definitions and Other Required 
Provisions of the Magnuson-Stevens 
Fishery Conservation and Management 
Act in the Fishery Management Plans 
(FMPs) of Puerto Rico and the U.S. 
Virgin Islands (Comprehensive SFA 
Amendment). The purpose of this 
document is to solicit additional public 
comments on the scope of the issues to 
be addressed in the DSEIS, which will 
be submitted to NMFS for filing with 
the Environmental Protection Agency 
(EPA) for publication of a Notice of 
Availability for public comment.
DATES: The scoping meetings will be 
held on August 6 and 7, 2002. See 
SUPPLEMENTARY INFORMATION for specific 
dates and times for the scoping 
meetings.
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Federal Register / Vol. 67, No. 146 / Tuesday, July 30, 2002 / Proposed Rules 
ADDRESSES: Scoping meetings will be 
held in Miami, FL. See SUPPLEMENTARY 
INFORMATION for specific meeting 
locations.
FOR FURTHER INFORMATION CONTACT: 
Graciela Garcia-Moliner; phone: 787–
766–5926; e-mail: Graciela.Garcia-
Moliner@noaa.gov or Michael C. 
Barnette; phone: 727–570–5305; fax: 
727–570–5583; e-mail: 
Michael.Barnette@noaa.gov.
SUPPLEMENTARY INFORMATION: The 
Council is preparing to amend the FMPs 
for Corals and Reef Associated Plants 
and Invertebrates, Queen Conch, Reef 
Fish Fishery, and Spiny Lobster to: (1) 
address the consistency with new 
definitions; (2) address bycatch 
management measures and bycatch 
reporting requirements; (3) provide 
descriptions of the commercial, 
recreational, and charter fisheries and 
quantify trends in landings and data 
specified for each sector; (4) address 
fishery impact statements to insure they 
incorporate the likely effects of 
management measures on fishing 
communities; and (5) address 
overfishing provisions specifying 
objective and measurable criteria for 
identifying whether a species is 
overfished, and provide subsequent 
measures to rebuild overfished stocks.
The DSEIS will describe the proposed 
management measures in the 
Comprehensive SFA Amendment and 
will assess the environmental impacts of 
these proposed and alternative 
measures. To ensure compliance with 
the requirements of the SFA in the 
various FMPs, the Council intends to 
evaluate numerous management 
measures such as permits; commercial 
reporting requirements, including 
species-specific and bycatch reporting; 
limited entry; time/area closures, 
including closures for spawning 
aggregations and habitat protection; size 
limits; trip limits; gear restrictions; and 
recreational possession limits. The 
Council originally published a notice of 
intent (NOI) to prepare a DSEIS, 
requested written comments, and 
notified the public of scoping meetings 
in the Federal Register on May 31, 2002 
(67 FR 38060).
Once the Council completes the 
DSEIS, it will submit it to NMFS for 
filing with the EPA. The EPA will 
publish a notice of availability of the 
DSEIS for public comment in the 
Federal Register. The DSEIS will have 
a 45–day comment period. This 
procedure is pursuant to regulations 
issued by the Council on Environmental 
Quality (CEQ) for implementing the 
procedural provisions of the National 
Environmental Policy Act (NEPA; 40 
CFR parts 1500-1508) and to NOAA’s 
Administrative Order 216–6 regarding 
NOAA’s compliance with NEPA and the 
CEQ regulations. The Council will 
consider public comments received on 
the DSEIS before adopting final 
management measures for the 
Comprehensive SFA Amendment. The 
Council intends to prepare a final 
supplemental environmental impact 
statement (FSEIS) in support of the final 
Comprehensive SFA Amendment. The 
Council would then submit the final 
Comprehensive SFA Amendment and 
supporting FSEIS to NMFS for Secretary 
of Commerce (Secretarial) review, 
approval, and implementation under the 
Magnuson-Stevens Act. NMFS will 
announce availability of the 
Comprehensive SFA Amendment for 
public review during the Secretarial 
review period through a notification 
published in the Federal Register. 
During Secretarial review, NMFS will 
also file the FSEIS with the EPA for a 
final 30–day public comment period. 
This comment period will be concurrent 
with the Secretarial review period and 
will end prior to final agency action to 
approve, disapprove, or partially 
approve the Comprehensive SFA 
Amendment. All public comment 
periods on the Comprehensive SFA 
Amendment, its proposed implementing 
regulations, and its associated FSEIS 
will be announced through a notice 
published in the Federal Register. 
NMFS will consider all public 
comments received during the 60–day 
Secretarial review period, whether they 
are on the Comprehensive SFA 
Amendment, the FSEIS, or the proposed 
regulations, prior to final agency action.
The scoping meetings will be held 
from 9 a.m. to 5 p.m. at the following 
location and dates:
1. August 6, 2002: National Marine 
Fisheries Service Southeast Fisheries 
Science Center, 75 Virginia Beach Drive, 
Miami , FL, telephone: 305–361–4285; 
and
2. August 7, 2002: National Marine 
Fisheries Service Southeast Fisheries 
Science Center, 75 Virginia Beach Drive, 
Miami , FL, telephone: 305–361–4285
Special Accommodations
These meetings are physically 
accessible to people with disabilities. 
Requests for sign language 
interpretation or other auxiliary aids 
should be directed to Graciela Garcia-
Moliner at the Council (see ADDRESSES).
Dated: July 24, 2002.
John H. Dunnigan,
Director, Office of Sustainable Fisheries, 
National Marine Fisheries Service.
[FR Doc. 02–19232 Filed 7–29–02; 8:45 am]
BILLING CODE 3510–22–S
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