Brushtail Possum proposed rule by qbi14405

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									                  Federal Register / Vol. 64, No. 211 / Tuesday, November 2, 1999 / Proposed Rules                             59149

Summary of Public Notice                       under the new channeling scheme,             Engineering and Technology. The filing
   1. The Office of Engineering and            high-power primary users of the band         of this information is strictly voluntary,
Technology is asking parties operating         would be able to operate on the same         but parties should note that providing it
medical telemetry equipment in the             frequencies used for medical telemetry       could help prevent serious interference
450–460 MHz band to assist the                 equipment. This could possibly result in     problems in the future. Parties may
Commission by providing certain                interference to medical telemetry            want to check with the manufacturer of
information on their operation. It is          equipment. For this reason, on August        their equipment to determine the
requested that users of wireless medical       11, 1995, the Commission placed a            operating frequency.
                                               freeze on the filing of applications for        7. We are asking for the following
telemetry equipment operating in this
                                               high power operation in the 450–470          information:
band provide information on the
                                               MHz band on the 12.5 kHz offset                 (1) The name and address of the
numbers, types, locations, and
                                               channels. See the Public Notice, ‘‘Freeze    institution operating the equipment,
frequencies of equipment presently in
                                               on the Filing of High Power                  along with the name, telephone number
use. Parties are asked to submit this
                                               Applications for 12.5 kHz Offset             and e-mail address of a contact person
information to the Chief, Office of
                                               Channels in the 450–470 MHz Band,’’          there.
Engineering and Technology by January                                                          (2) The number and types of devices
                                               DA 95–1171, 60 FR 43720, August 23,
31, 2000. The requested information                                                         being operated in the 450–460 MHz
                                               1995. The freeze remains in effect
will aid the Commission in determining                                                      band, including the make, model
                                               pending the development of a channel
whether it is feasible to lift the currently                                                number, FCC identification number,
                                               utilization plan that will protect low
effective freeze on the filing of part 90                                                   age, and type of equipment (e.g., heart
                                               power operation on the 12.5 kHz offset
applications for high-power operation in       channels.                                    rate monitor), and total number of
the 450–460 MHz band on the 12.5 kHz              5. The Commission expects medical         channels of medical telemetry used in
offset channels without adversely              telemetry equipment ultimately to            the facility.
affecting existing medical telemetry           migrate out of the PLMRS bands and              (3) The operating frequencies and RF
operations.                                    into new bands allocated for medical         output power of these devices.
   2. Medical telemetry equipment is           telemetry. The Commission recently              (4) The geographic coordinates of the
used in hospitals and health care              proposed rules to allocate frequencies       institution, if known.
facilities to transmit patient                 where medical telemetry equipment can           (5) Whether the equipment could be
measurement data, such as pulse and            operate on a primary basis. See the          re-tuned to operate in the 460–470 MHz
respiration rates, to a nearby receiver.       Notice of Proposed Rule Making in ET         band and, if so, the time period required
Part 90 of the Commission’s rules              Docket 99–255, FCC 99–182, 64 FR             for such re-tuning and the estimated
permits medical telemetry equipment to         41891, August 2, 1999. While this            expense of re-tuning that would be
operate on a secondary basis to land           would be a long term solution to the         incurred by the institution operating the
mobile users in the 450–470 MHz band.          problem of PLMRS interference to             equipment.
Hospitals and health care facilities           medical telemetry equipment, the                Parties are asked to respond to the
holding a valid license to operate a           Commission may be able take action in        following address by January 31, 2000.
radio station under part 90 may operate        the near term to partially lift the freeze   Chief, Office of Engineering and
medical telemetry equipment without            on high power applications on the offset     Technology, Federal Communications
any specific authorization from the            channels.                                    Commission, 445 12th Street, SW.,
Commission (see 47 CFR 90.267). As a              6. The Commission’s records of            Washington, DC 20554.
consequence, the Commission does not           manufacturers’ equipment                        For further information about this
have any records concerning the                authorizations show that the majority of     notice, please contact Hugh L. Van Tuyl
locations of medical telemetry                 medical telemetry equipment                  at: (202) 418–7506, email:
operations in the 450–470 MHz band.            authorized for use under part 90 (47         hvantuyl@fcc.gov.Federal
   3. In 1995, the Commission adopted          CFR part 90) is authorized only for the      Communications Commission.
changes to part 90 of the rules to allow       460–470 MHz portion of the 450–470           Magalie Roman Salas,
more efficient use of the spectrum for         MHz band. Further, prior to the radio
land mobile services. The Report and                                                        Secretary.
                                               service consolidation in the Second
Order and Further Notice of Proposed           Report and Order in PR Docket 92–235,        [FR Doc. 99–28485 Filed 11–1–99; 8:45 am]
Rule Making in PR Docket 92–235, 60            62 FR 18834, April 17, 1999, the only        BILLING CODE 6712–01–P
FR 37152, July 9, 1995 established a           ‘‘Industrial Radio Services’’ spectrum
new channeling plan for private land           available to hospitals and health care
mobile radio services (PLMRS). This            facilities were frequencies allocated to     DEPARTMENT OF THE INTERIOR
Order adopted a channel spacing plan           the old Business Radio Service. There
for PLMRS in the 450–470 MHz band              were very few frequencies in the 450–        Fish and Wildlife Service
based on 6.25 kHz.                             460 MHz band allocated to that service.      50 CFR Part 16
   4. Medical telemetry equipment              For these reasons, it may be possible to
operates in the 450–470 MHz band on            lift the freeze on applications for high     [1018–AE34]
channels offset 12.5 kHz from regularly        power operation on the 12.5 kHz offset
assignable channels under the old              channels in the 450–460 MHz band.            Listing of the Brush-tailed Possum as
channelization plan (‘‘12.5 kHz offset         Before doing so, however, the                Injurious
channels’’). The maximum operating             Commission wants to ensure that              AGENCY:   Fish and Wildlife Service,
power for this equipment is                    interference will not be caused to           Interior.
substantially less than that authorized        medical telemetry equipment in that          ACTION: Proposed rule.
for primary users of the band. The             band. Accordingly, we are requesting
channel separation and low-power               that parties operating medical telemetry     SUMMARY:   The Fish and Wildlife Service
operation minimize the possibility of          equipment in the 450–460 MHz band            (Service or we) published a notice on
interference received from, or caused to,      provide certain information on their         January 24, 1996, soliciting information
primary users of the band. However,            operation to the Commission’s Office of      relative to the threat that Trichosurus
59150             Federal Register / Vol. 64, No. 211 / Tuesday, November 2, 1999 / Proposed Rules

spp. poses to agriculture, human health,      Tb Strategy, Animal Health Board,            since 1995. World trade in brush-tailed
and fish and wildlife resources.              November 1995). The impact of                possums has focused primarily on meat
Analysis of the available information         exposure to M. bovis in the U.S. would       and most of it is going to Asian markets.
warrants the listing of only one species,     probably be even more devastating due        Consequently, this rule should have
T. vulpecula, as injurious. We received       to the presence of a more diverse            little, if any, measurable economic affect
little information about the other two        mammal population (Milton Friend,            on the U.S. economy and will not have
species in the genus, T. arnhemensis          National Biological Service                  an annual effect of $100 million or more
and T. caninus. Consequently, we will         memorandum, March 12, 1996).                 for a significant rule making action.
not propose their listing at this time.          No evidence exists that T. vulpecula         A major, though not quantified, effect
Listing T. vulpecula would prohibit its       achieves an ecological balance once          of this rule is the reduced risk of
importation into, or transportation           introduced into an area. They have           substantial environmental damage in
between, the continental United States,       altered native plant communities             the U.S. including the spread of M.
the District of Columbia, Hawaii, the         causing forests to degrade to scrub or       bovis, that could be caused by having
Commonwealth of Puerto Rico, or any           even to bare ground. They damage             brush-tailed possums escape from
territory or possession of the United         erosion control plants like willows and      captivity. The risk reduction is a benefit
States with limited exceptions.               poplars. They eat bark, leaves, buds,        of this rule that cannot be quantified
DATES: Comments must be submitted on          flowers, and fruit of trees. They threaten   with existing data. However, the damage
or before January 3, 2000.                    other animals by preying on them,            in New Zealand caused by the
ADDRESSES: Comments may be mailed             competing for their food, or interfering     introduction of the brush-tailed possum
or sent by fax to the Chief, Division of      with nesting sites (P.E. Cowan, The          in 1840 is well documented. There is no
Fish and Wildlife Management                  Ecological Effects of Possums on the         way of knowing where the brush-tailed
Assistance, 1849 C Street, NW, Mail           New Zealand Environment).                    possums would enter the natural
Stop 840 ARLSQ, Washington, DC                Management practices used to control         environment in the U.S. and
20240, or FAX (703) 358–2044.                 them, such as trapping or poisoning, can     consequently, the economic effect
                                              negatively impact other species.             avoided by not having the introduction
FOR FURTHER INFORMATION CONTACT:
                                                                                           cannot be estimated.
Susan Mangin, Division of Fish and            1. Regulatory Planning and Review               (2) This rule will not create
Wildlife Management Assistance at             (E.O. 12866)                                 inconsistencies with other agencies’
(703) 358–1718.                                  In accordance with the criteria in        actions. The Animal and Plant Health
SUPPLEMENTARY INFORMATION: We                 Executive Order 12866, this rule is not      Inspection Service (APHIS) of the U.S.
received a letter from the Texas Animal       a significant regulatory action. OMB         Department of Agriculture has
Health Commission requesting that we          makes the final determination under          developed and implemented regulations
prohibit the importation of T. vulpecula      Executive Order 12866.                       to prohibit the importation of brush-
into the United States. Because other            (1) This rule will not have an annual     tailed possums from New Zealand
members of the genus Trichosurus              economic effect of $100 million or           because they carry bovine tuberculosis.
could possibly pose a threat, the Service     adversely affect an economic sector,         This rule will further expand this
placed a notice in the Federal Register       productivity, jobs, the environment, or      prohibition to include all countries
January 24, 1996, (61 FR 1893)                other units of the government. A cost-       because of the potential of brush-tailed
requesting information about the              benefit and economic analysis is not         possums carrying M. bovis and the
injurious nature of the entire genus.         required. This rule adds additional          damage that they could inflict on native
   We received 11 responses to our            restrictions over and above the              ecosystems.
request for information. Review of the        regulations issued by the Department of         (3) This rule will not materially affect
information received through the              Agriculture, which has banned the            entitlements, grants, user fees, loan
request and additional information            importation of brush-tailed possums          programs, or the rights and obligations
indicates the extreme injurious nature of     from New Zealand. As a result,               of their recipients. This rule does not
T. vulpecula. For this reason, the            discussion is limited to the effect that     affect entitlement programs.
Service is proposing to list it as            these additional importation restrictions       (4) This rule will not raise novel legal
injurious. Limited data were available        will have on the American economy.           or policy issues. There is no indiction
relative to the injurious nature of T.           The brush-tailed possum is abundant       that listing wildlife as injurious in the
arnhemensis and T. caninus. Review of         in south eastern Australia and               past has caused legal or policy
these data did not support listing these      Tasmania. Possums have been hunted in        problems. As no live brush-tailed
two species at this time.                     Tasmania since the 1920’s for the fur        possums have been imported since
   T. vulpecula, introduced to New            trade. However, the fur market has           1995, this rule should not raise legal,
Zealand from Australia between 1873           declined in recent years, and the            policy, or any other issues.
and 1930, is now found throughout             possum industry has been selling skins
much of New Zealand with a population         and meat to Taiwan and China. In 1996,       2. Regulatory Flexibility Act
of approximately 70 million                   about 3,000 possum skins and meat               I certify that this rule will not have a
(Department of Conservation National          were exported to Taiwan and 1,000 to         significant economic effect on a
Possum Control Plan, 1993–2002,               China from Australia. The number of          substantial number of small entities as
February 1994). They can adapt to a           permit holders and royalties paid in         defined under the Regulatory Flexibility
wide variety of habitats and elevations       Australia for brush-tailed possums has       Act (5 U.S.C. 601 et seq.) Regulatory
(P.E. Cowan, The Ecological Effects of        been declining steadily. In 1990, there      Flexibility Analysis is not required.
Possums on the New Zealand                    were 493 permit holders receiving            Accordingly, a Small Entity Compliance
Environment). They are vectors for the        $18,800 in royalties for brush-tailed        Guide is not required. For the reasons
bovine tuberculosis pathogen (M. bovis)       possums. In 1995, there were 40 permit       described in section 3 below, no
and have played a major role in keeping       holders receiving $1,996 in royalties.       individual small industry within the
it in the environment. This pathogen is       Since 1995, royalties have been paid for     United States will be significantly
found in cattle, deer, pigs, cats, ferrets,   skins and carcasses. No live brush-tailed    affected if brush-tailed possum
rabbits, hedgehogs, and stoats (National      possums have been imported in the U.S.       importation is prohibited.
                  Federal Register / Vol. 64, No. 211 / Tuesday, November 2, 1999 / Proposed Rules                          59151

3. Small Business Regulatory                 5. Takings (E.O. 12630)                      10. Public Comment Solicitation
Enforcement Fairness Act (SBREFA)
                                                In accordance with Executive Order          Executive Order 12866 requires each
   The rule is not a major rule under 5      12630, the rule does not have significant    agency to write regulations that are easy
U.S.C. 804(2), the Small business            takings implications. Although once          to understand. We invite your
Regulatory Enforcement Fairness Act.         listed as injurious, all brush-tailed        comments on how to make this rule
This rule:                                   possum in this country would be              easier to understand, including answers
   a. Does not have an annual effect on      exported or destroyed, the takings           to questions such as the following: (1)
the economy of $100 million or more.         would not be significant.                    Are the requirements in the rule clearly
Live brush-tailed possums have not           6. Federalism (E.O. 12612)                   stated? (2) Does the rule contain
been imported into the United States                                                      technical language or jargon that
since 1995. U.S. Fish and Wildlife             In accordance with Executive Order         interferes with its clarity? (3) Does the
Service records from 1994 and 1995           12612, the rule does not have significant    format of the rule (grouping and order
indicate that 1,030 brush-tailed possums     Federalism effects. A Federalism             of sections, use of headings,
have been imported for a total value of      assessment is not required. This rule        paragraphing, etc.) aid or reduce its
$11,900. Since only four importers were      will not have substantial direct effects     clarity? (4) Would the rule be easier to
involved and no additional trade has         on the States, in their relationship         understand if it were divided into more
occurred, the Service believes that a        between the Federal Government and           (but shorter) sections? (A ‘‘section’’
market for live brush-tailed possums has     the States, or on the distribution of        appears in bold type and is preceded by
not been established in the U.S.             power and responsibilities among the         the symbol ‘‘§’’ and a numbered
Consequently, there is no measurable         various levels of government. Therefore,     heading; for example § 16.11
economic effects on small businesses.        in accordance with Executive Order           Importation of live wild animals. (5) Is
   b. Will not cause a major increase in     12612, it is determined that this rule       the description of the rule in the
costs or prices for consumers,               does not have sufficient Federalism          SUPPLEMENTARY INFORMATION section of
individual industries, Federal, State, or    implications to warrant the preparation      the preamble helpful in understanding
local government agencies, or                of a Federalism Assessment.                  the proposed rule? What else could we
geographic regions. U.S. Fish and            7. Civil Justice Reform (E.O.12988)          do to make the rule easier to
Wildlife Service records indicate that                                                    understand?
only four importers brought in a total of       In accordance with Executive Order
                                             12988, the Office of the Solicitor has         If you wish to comment, you may
1,030 brush-tailed possums in 1994 and                                                    submit your comments by any one of
1995. None have been imported since          determined that the rule does not
                                             unduly burden the judicial system and        several methods. You may mail
1995.                                                                                     comments to U.S. Fish and Wildlife
                                             meets the requirements of sections 3(a)
   c. Does not have significant adverse      and 3(b)(2) of the Executive Order. The      Service, 4401 North Fairfax Drive, Suite
effects on competition, employment,          proposed rule has been reviewed to           840, Arlington, VA 22030. Finally, you
investment productivity, innovation, or      eliminate drafting errors and ambiguity,     may hand-deliver comments to the U.S.
the ability of U.S.-based enterprises to     written to minimize litigation, and          Fish and Wildlife Service, Division of
compete with foreign-based enterprises.      provides a clear legal standard for          Fish and Wildlife Management
The low number of brush-tailed               affected conduct rather than a general       Assistance, 4401 North Fairfax Drive,
possums imported into the U.S.               standard, and promotes simplification        Suite 840, Arlington, VA 22203. Our
indicates that listing the brush-tailed      and burden reduction.                        practice is to make comments, including
possum as injurious would not have                                                        names and home addresses of
significant adverse effects.                 8. Paperwork Reduction Act                   respondents, available for public review
4. Unfunded Mandates Reform Act                This regulation does not contain any       during regular business hours.
                                             information collection requirements          Individual respondents may request that
   In accordance with the unfunded           under the Paperwork Reduction Act.           we withhold their home address from
Mandates Reform Act (2 U.S.C. 1501 et                                                     the rulemaking record, which we will
seq.)                                        9. National Environmental Policy Act         honor to the extent allowable by law.
   a. The rule will not ‘‘significantly or                                                There also may be circumstances in
                                                We have analyzed this policy in
uniquely’’ affect small governments. A                                                    which we would withhold from the
                                             accordance with the criteria of the
Small Government Agency Plan is not                                                       rulemaking record a respondents’s
                                             National Environmental Policy Act.
required. The Service has determined                                                      identity, as allowable by law. If you
                                             This rule does not constitute a major
and certifies pursuant to the Unfunded                                                    wish us to withhold your name and/or
                                             Federal action significantly affecting the
Mandates Act that this rule making will      quality of the human environment. An         address, you must state this
not impose a cost of $100 million or         environmental impact statement/              prominently at the beginning of your
more in any given year on local or State     assessment is not required. The action is    comment. However, we will not
governments or private entities.             categorically excluded under                 consider anonymous comments. We
   b. This rule will not produce a           Department NEPA procedures (516 DM           will make all submissions from
Federal mandate of $100 million or           2, Appendix 1.10), which applies to          organizations or businesses and from
greater in any year, i.e., it is not a       policies, directives, regulations, and       individuals identifying themselves as
‘‘significant regulatory action’’ under      guidelines of an administrative, legal,      representatives or officials of
the Unfunded Mandates Reform Act.            technical, or procedural nature; or the      organizations or business, available for
The Service has determined and               environmental effects of which are too       public inspection in their entirety.
certifies pursuant to the Unfunded           broad, speculative, or conjectural to          The Service is issuing this proposed
Mandates Act that this rulemaking will       lend themselves to meaningful analysis       rule under the authority of the Lacey
not impose a cost of $100 million or         and will be subject later to the NEPA        Act (18 U.S.C. 42). Accordingly, the
more in any given year on local or State     process, either collectively or case-by-     Service proposes to amend 50 CFR part
governments or private entities.             case.                                        16 as follows:
59152              Federal Register / Vol. 64, No. 211 / Tuesday, November 2, 1999 / Proposed Rules

List of Subjects in 50 CFR Part 16              DATES:  Written public comments on this      substantial number of small calico
  Fish, Import, Reporting and                   supplement to the proposed rule for          scallop entities and prepared an IRFA.
recordkeeping, Transportation, Wildlife.        Amendment 4, the IRFA, and the                 In addition to the new information
                                                original proposed rule for Amendment 4       gathered by NMFS, 178 fishermen have
PART 16—INJURIOUS WILDLIFE                      will be accepted until December 2,           recently indicated that the expanded
                                                1999.                                        Oculina HAPC will have a significant
  1. The authority citation continues to        ADDRESSES: Written comments should
read as follows:                                                                             impact on their historical shark and
                                                be sent to the Southeast Regional Office,    snapper/grouper species landings.
  Authority: 18 U.S.C. 42.                      NMFS, 9721 Executive Center Drive N.,        These fishermen have provided NMFS
  2. We amend § 16.11 by adding                 St Petersburg, FL 33702. Copies of the       with maps showing their fishing areas
paragraph (a)(7) to read as follows:            IRFA are available from the Southeast        and have also provided information
                                                Regional Office.                             regarding the potential revenue impacts
§ 16.11 Importation of live wild mammals.       FOR FURTHER INFORMATION CONTACT:             of the area to be closed to their fishing
  (a) * * *                                     Michael Barnette, 727-570-5305.              operations. NMFS subsequently
  (7) Any rush-tailed possum                    SUPPLEMENTARY INFORMATION: This              contacted the Florida Department of
(Trichosurus vulpecula).                        supplement to the proposed rule for          Environmental Protection’s Marine
*     *     *   *     *                         Amendment 4 to the Coral FMP                 Fisheries Information System (DEP) and
  Dated: November 3, 1999.                      republishes, for the convenience of the      reviewed information from the NMFS
Donald J. Barry,                                public, the portion of the classification    Accumulative Landings System to
Assistant Secretary for Fish and Wildlife and   section of the proposed rule for             obtain catch data for the offshore area
Parks.                                          Amendment 4 (64 FR 37082; July 9,            encompassing the expanded Oculina
[FR Doc. 99–28490 Filed 11–1–99; 8:45 am]       1999) that addressed the Regulatory          HAPC. The data obtained indicate that
BILLING CODE 4310–55–M                          Flexibility Act and adds information         these fishermen may be impacted by the
                                                inadvertently omitted from the               regulations. There are two statistical
                                                classification section relevant to the       areas, specifically 732.9 and 736.9, that
DEPARTMENT OF COMMERCE                          economic impact the proposed rule            include the expanded Oculina HAPC. In
                                                would have on the shark, grouper, and        the case of sharks taken by bottom
National Oceanic and Atmospheric                tilefish fisheries.                          longline gear in 1997, the DEP data
Administration                                  Classification                               show a catch of 289,316 pounds
                                                   The EFH Amendment contains                (131,234 kg) while similar NMFS data
50 CFR Part 622
                                                Amendment 4 to the Coral FMP                 indicate a catch of 295,529 pounds
[Docket No. 990621165-9165-01; I.D.                                                          (134,052 kg) for areas 732.9 and 736.9
022599A]
                                                (Actions 3A and 3B in the EFH
                                                Amendment). Except for Actions 3A            combined. These landings are from large
RIN 0648-AL43                                   and 3B, the EFH Amendment does not           areas that encompass the expanded
                                                contain measures that would result in        Oculina HAPC, so a smaller, but an
Fisheries of the Caribbean, Gulf of             immediate economic effects. These            unknown portion of the landings may
Mexico, and South Atlantic; Essential           actions would enlarge the existing           have been taken from the expanded
Fish Habitat (EFH) for Species in the           Oculina Bank HAPC, add two ‘‘satellite’’     Oculina HAPC. Due to a continuing lack
South Atlantic; Amendment 4 to the              HAPC areas, and prohibit bottom              of definitive information regarding the
Fishery Management Plan for Coral,              longline, bottom trawl, dredge, pot or       significance of the proposed actions on
Coral Reefs, and Live/Hard Bottom               trap fishing in these areas. The Council     small business entities, including firms
Habitats of the South Atlantic Region           originally determined that these             that engage in trawling for calico
(Coral FMP)                                     regulations would affect trawling for        scallops and firms that engage in bottom
                                                calico scallops, but suggested that there    longline fishing for sharks and snapper-
AGENCY:  National Marine Fisheries
                                                would not be a significant impact on a       grouper species, NMFS is soliciting
Service (NMFS), National Oceanic and
                                                substantial number of small entities.        additional information during the
Atmospheric Administration (NOAA),
                                                NMFS reviewed the Council’s                  public comment period on this
Commerce.
                                                suggestion and made an independent           supplement to the proposed rule. Any
ACTION: Supplement to the proposed
                                                determination that certain criteria for      new information which becomes
rule; request for comments.                                                                  available during the public comment
                                                significance, in particular the NMFS
SUMMARY: NMFS issues this supplement            criterion of a 5 percent negative impact     period will be carefully reviewed by
to the proposed rule for Amendment 4            on revenues, may be met. NMFS also           NMFS and will be used in developing
to the Coral FMP, which is contained in         noted that information relative to the       the Final Regulatory Flexibility Analysis
the Comprehensive Amendment                     impacts on calico scallopers                 for the final rule. A summary of the
Addressing Essential Fish Habitat in            homeported outside the east coast of         IRFA follows.
Fishery Management Plans of the South           Florida was not available. In an effort to     The proposed action responds to the
Atlantic Region (EFH Amendment). The            supply some of the missing information,      Magnuson-Stevens Act requirements to
supplement is intended to provide               NMFS subsequently interviewed 9              identify essential fish habitats and to
information inadvertently omitted from          vessel owners who represented 11             minimize any fishing related damage to
the summary of the initial regulatory           vessels not homeported on the east coast     these habitats. The overall objective of
flexibility analysis (IRFA) published in        of Florida. The combined response was        the proposed rule is to identify and
the proposed rule to implement                  that owners of 4 of the vessels, or 36       maintain essential fish habitats. The
Amendment 4 to the Coral FMP.                   percent of the sample, reported 5            Magnuson-Stevens Act provides the
Specifically, this supplement                   percent or more of their calico scallop      legal basis for the rule. Most of the
summarizes IRFA information regarding           harvests as coming from the areas where      provisions of the proposed rule would
the economic impact the proposed rule           trawling would be prohibited.                result in regulations that would not
would have on the shark, grouper, and           Accordingly, NMFS determined there           have cost or revenue effects on small
tilefish fisheries.                             would be a significant impact on a           entities. However, a proposal to enlarge

								
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