5810 Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Proposed Rules 

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List of Subjects in 36 CFR Part 7 

District of Columbia, National Parks, 

Reporting and recordkeeping 

requirements.

In consideration of the foregoing, the 

National Park Service proposes to 

amend 36 CFR part 7 as follows:

PART 7—SPECIAL REGULATIONS, 

AREAS OF THE NATIONAL PARK 

SYSTEM 

1. The authority for Part 7 continues 

to read as follows:

Authority: 16 U.S.C. 1, 3, 9a, 460(q), 

462(k); Sec. 7.96 also issued under D.C. Code 

8–137 (1981) and D.C. Code 40–721 (1981).

2. Amend § 7.55 by revising the 

section title and adding new paragraph 

(c) to read as follows:

§ 7.55 Lake Roosevelt National Recreation 

Area.

* * * * *

(c) Personal Watercraft (PWC). (1) 

PWCs are allowed on the waters within 

Lake Roosevelt National Recreation 

Area except in the following areas: 

(i) Crescent Bay Lake. 

(ii) Kettle River above the Hedlund 

Bridge. 

(2) Launch and retrieval of PWC are 

permitted only at designated launch 

ramps. Launching of PWC at Napoleon 

Bridge launch ramp is prohibited. 

(3) PWC may land anywhere along the 

shoreline except in designated 

swimming areas. 

(4) PWC may not be operated at 

greater than flat-wake speeds in the 

following locations: 

(i) Upper Hawk Creek from the 

waterfall near the campground through 

the area known as the ‘‘narrows’’ to the 

confluence of the lake, marked by ‘‘flat 

wake’’ buoy(s). 

(ii) Within 200 feet of launch ramps, 

marina facilities, campground areas, 

water skiers, beaches occupied by 

swimmers or other persons in the water. 

(iii) The stretch of the Spokane Arm 

from 100 feet west of the Two Rivers 

Marina on the downstream end, to 100 

feet east of the Fort Spokane launch 

ramp on the upstream end, above the 

vehicle bridge. 

(5) The Superintendent may 

temporarily limit, restrict or terminate 

access to the areas designated for PWC 

use after taking into consideration 

public health and safety, natural and 

cultural resource protection, and other 

management activities and objectives.

Dated: January 20, 2004. 

Craig Manson, 

Assistant Secretary, Fish and Wildlife and 

Parks.

[FR Doc. 04–2556 Filed 2–5–04; 8:45 am] 

BILLING CODE 4310–VL–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 223

[Docket No. 040127028–4028–01; I.D 

012104B]

RIN 0648–AR69

Sea Turtle Conservation; Restrictions 

to Fishing Activities

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Proposed rule; request for 

comments.

SUMMARY: NMFS proposes to prohibit 

the use of all pound net leaders from 

May 6 to July 15 each year in the 

Virginia waters of the mainstem 

Chesapeake Bay, south of 37° 19.0′ N. 

lat. and west of 76° 13.0′ W. long., and 

all waters south of 37° 13.0′ N. lat. to the 

Chesapeake Bay Bridge Tunnel at the 

mouth of the Chesapeake Bay, and the 

James and York Rivers downstream of 

the first bridge in each tributary. 

Additionally, NMFS proposes to 

prohibit the use of all leaders with 

stretched mesh greater than or equal to 

8 inches (20.3 cm) and leaders with 

stringers from May 6 to July 15 each 

year in the Virginia waters of the 

Chesapeake Bay outside the 

aforementioned area, extending to the 

Maryland-Virginia State line and the 

Rappahannock River downstream of the 

first bridge, and from the Chesapeake 

Bay Bridge Tunnel to the COLREGS line 

at the mouth of the Chesapeake Bay. 

This action, taken under the Endangered 

Species Act of 1973 (ESA), is necessary 

to conserve sea turtles listed as 

threatened or endangered.

DATES: Comments on this action are 

requested, and must be received at the 

appropriate address or fax number (see

ADDRESSES) by no later than 5 p.m., 

eastern daylight time, on March 8, 2004.

ADDRESSES: Written comments on this 

action or requests for copies of the 

literature cited, the draft Environmental 

Assessment (EA), or Regulatory Impact 

Review (RIR) and Initial Regulatory 

Flexibility Analysis should be 

addressed to the Assistant Regional 

Administrator for Protected Resources, 

NMFS, One Blackburn Drive, 

Gloucester, MA 01930. Comments and 

requests for supporting documents may 

also be sent via fax to 978–281–9394. 

Comments will not be accepted if 

submitted via e-mail or the Internet.

FOR FURTHER INFORMATION CONTACT:

Carrie Upite (ph. 978–281–9328 x6525, 

fax 978–281–9394), or Barbara 

Schroeder (ph. 301–713–1401, fax 301–

713–0376).

SUPPLEMENTARY INFORMATION:

Background

All sea turtles that occur in U.S. 

waters are listed as either endangered or 

threatened under the ESA. Kemp’s 

ridley (Lepidochelys kempii), 

leatherback (Dermochelys coriacea), and 

hawksbill (Eretmochelys imbricata) sea 

turtles are listed as endangered. 

Loggerhead (Caretta caretta) and green 

(Chelonia mydas) sea turtles are listed 

as threatened, except for populations of 

green turtles in Florida and on the 

Pacific coast of Mexico, which are listed 

as endangered. Under the ESA and its 

implementing regulations, taking listed 

sea turtles—even incidentally—is 

prohibited, with exceptions identified 

in 50 CFR 223.206 for threatened sea 

turtles. The incidental take of 

endangered species may only legally be 

authorized by an incidental take 

statement or an incidental take permit 

issued pursuant to section 7 or 10 of the 

ESA.

On June 17, 2002, based upon the best 

available information on sea turtle and 

pound net interactions at the time, 

NMFS issued an interim final rule that 

prohibited the use of all pound net 

leaders measuring 12 inches (30.5 cm) 

and greater stretched mesh and all 

pound net leaders with stringers in the 

Virginia waters of the mainstem 

Chesapeake Bay and portions of the 

Virginia tributaries from May 8 to June 

30 each year (67 FR 41196). Included in 

this interim final rule was a year-round 

requirement for fishermen to report all 

interactions with sea turtles in their 

Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Proposed Rules 5811

pound net gear to NMFS within 24 

hours of returning from a trip, and a 

year-round requirement for pound net 

fishing operations to be observed by a 

NMFS-approved observer if requested 

by the Northeast Regional 

Administrator. The interim final rule 

also established a framework 

mechanism by which NMFS may make 

changes to the restrictions and/or their 

effective dates on an expedited basis in 

order to respond to new information 

and protect sea turtles. Under this 

framework mechanism, if NMFS 

believes that sea turtles may still be 

vulnerable to entanglement in pound 

net leaders after June 30 of any given 

year, the Assistant Administrator, 

NOAA, (AA) may extend the effective 

dates of the restrictions established by 

the regulations. Additionally, if 

monitoring of pound net leaders during 

the time frame of the gear restriction, 

May 8 through June 30 of each year, 

reveals that one sea turtle is entangled 

alive in a pound net leader less than 12 

inches (30.5 cm) stretched mesh or that 

one sea turtle is entangled dead and 

NMFS determines that the entanglement 

contributed to its death, then NMFS 

may determine that additional 

restrictions are necessary to conserve 

sea turtles and prevent entanglements. 

As a result of sea turtle entanglements 

observed during the spring of 2003, 

NMFS issued a temporary final rule 

restricting all pound net leaders 

throughout the Virginia Chesapeake Bay 

and portions of the tributaries from July 

16 to July 30, 2003, pursuant to the 

framework mechanism of the 2002 

interim final rule (68 FR 41942, July 16, 

2003).

Sea Turtle and Pound Net Interactions

Sea turtles have been documented 

entangled in pound net leaders. Data 

collected in 1983 and 1984 found turtle 

entanglement in pound nets with small 

mesh leaders (defined as 8 to 12 inch 

(20.3 to 30.5 cm) stretched mesh) to be 

insignificant, but in 173 of the pound 

nets examined with large mesh leaders 

(defined as >12 to 16 inch (>30.5 to 40.6 

cm) stretched mesh), 30 turtles were 

found entangled (0.2 turtles per net; 

Bellmund et al., 1987). This study also 

found that in 38 nets examined with 

stringer mesh, 27 turtles were 

documented entangled (0.7 turtles per 

net). The sampling area was 

concentrated in the western Chesapeake 

Bay, with some sampling occurring in 

other portions of the Virginia 

Chesapeake Bay. Surveys in 1979 and 

1980 also found that most of the pound 

net leaders that captured sea turtles 

consisted of large mesh (12 to 16 inches 

(30.5 to 40.6 cm)) and were found in the 

lower Chesapeake Bay (Lutcavage 1981).

In recent years, pound nets have been 

observed, and sea turtles have been 

documented in the leaders. During the 

spring of 2001, with limited monitoring 

effort, a NMFS observer reported finding 

five moderately to severely decomposed 

loggerhead turtles against four different 

large mesh pound net leaders 

(approximately 13 inch (33 cm) mesh) 

along the Eastern shore of Virginia in 

early June. Given the decomposition 

state and lack of multiple wrapped, 

entangling line around the turtles, these 

turtles were determined to be not 

entangled in the leaders, and the cause 

of death was uncertain. Virginia Marine 

Resources Commission (VMRC) law 

enforcement agents also documented 

one live and three dead sea turtles in 

pound net leaders along the Eastern 

shore during the spring of 2001. The 

live turtle was entangled in a leader 

with greater than 12 inches (30.5 cm) 

stretched mesh, but the leader mesh size 

of the other entanglements was not 

recorded. Additionally, during June of 

2000, VMRC law enforcement agents 

reported disentangling two live sea 

turtles from two Eastern shore leaders 

with greater than 12 inches (30.5 cm) 

stretched mesh.

To better understand the interactions 

between sea turtles and pound net gear, 

NMFS conducted pound net monitoring 

during the spring of 2002 and 2003. In 

2002, NMFS monitored the active 

pound nets (n=70) throughout the 

Virginia Chesapeake Bay from April 25 

to June 1. As the 2002 interim final rule 

was not yet in place, approximately 8 of 

the leaders surveyed had stretched mesh 

greater than or equal to 12 inches (30.5 

cm) or leaders with stringers. Eleven sea 

turtles were found in pound net gear, 

but not all of the mortalities could be 

directly attributed to interactions with 

pound nets. Four sea turtles were found 

entangled in leaders, including two 

dead Kemp’s ridley and two dead 

loggerhead sea turtles. One of the 

Kemp’s ridleys was found in a leader 

with 8 inch (20.3 cm) stretched mesh, 

one loggerhead was found in a leader 

with stringers, and the other two 

animals were found in leaders with 14 

inch (35.6 cm) stretched mesh. Based 

upon necropsy reports, constriction 

wounds, and the magnitude of 

entanglement, entrapment in pound net 

leaders was determined to be the cause 

of death of these animals. Two 

additional loggerhead sea turtles were 

found alive in pound net leaders, 

impinged on the leaders with their head 

and front flippers through the mesh. 

These two animals were observed as not 

being able to swim off of the leaders 

under their own ability. One moderately 

decomposed loggerhead was found in 

the top line of a leader, but given the 

lack of tight multiple wraps of line 

around the turtle, it was inconclusive as 

to whether it was entangled before death 

or whether it washed into the net after 

having died elsewhere. Four moderately 

to severely decomposed loggerheads 

were found in leaders, but due to their 

decomposition state and lack of 

entanglement in the mesh, it appeared 

that the animals floated into the nets. 

These four sea turtles were not 

considered as entangled in or impinged 

on the pound net leaders.

From April 21 to June 11, 2003, 

NMFS monitored the active pound net 

leaders (n=56) with stretched mesh 

measuring less than 12 inches (30.5 cm). 

This monitoring effort resulted in the 

documentation of 17 sea turtles found in 

pound net leaders. Of the 17 sea turtles, 

five sea turtles were entangled in pound 

net leaders, of which two were 

loggerheads (one dead) and three were 

Kemp’s ridleys (two dead). There is 

sufficient information to conclude that 

the death of these turtles was 

attributable to entanglement in the 

pound net leaders given the degree of 

entanglement and multiple wrapping of 

line around their flippers, their 

decomposition state (fresh dead to 

moderately decomposed), and their 

buoyancy (negatively buoyant, which 

typically suggests recent mortality). 

Additionally, 12 sea turtles were found 

held against, or impinged on, pound net 

leaders by the current. Of these 12 

impingements, 10 were loggerhead sea 

turtles (one dead), one was an alive 

Kemp’s ridley sea turtle, and one alive 

sea turtle’s species identification was 

unable to be determined. Two of these 

live animals had their head and/or 

flipper through the leader mesh, but 

when observed, the line was not 

wrapped multiple times around the 

turtle. As the impinged turtles were not 

observed being able to move vertically 

on the net, if a turtle could not breathe 

from the position where it was 

impinged, it would have a low 

likelihood of survival if it remained on 

the net for longer than approximately an 

hour. Of the 11 live impingements, 

approximately 7 were found 

underwater, unable to reach the surface 

to breathe, with an average of 3 hours 

until slack tide. Eleven of the 17 

incidents involved leaders measuring 

11.5 inches (29.2 cm) stretched mesh, 

while six of the sea turtles were 

entangled in or impinged on 8 inch 

(20.3 cm) stretched mesh leaders. In 

2002 and 2003, most of the observed sea 

turtles were found in nets along the 

5812 Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Proposed Rules 

Eastern shore of Virginia, but three 

turtles were found in leaders in the 

Western Chesapeake Bay.

Sea turtle entanglements in pound net 

leaders are difficult to detect. The sea 

turtles previously observed in leaders 

were found at depths ranging from the 

surface to approximately 6 feet (1.8 m) 

under the surface. The ability to observe 

a turtle below the surface depends on a 

number of variables, including water 

clarity, sea state, and weather 

conditions. Generally, turtles entangled 

more than a few feet below the surface 

cannot be observed due to the poor 

water clarity in the Chesapeake Bay. In 

2001 and 2002, side scan sonar was 

used to attempt to detect sub-surface sea 

turtle entanglements; no verified sea 

turtle acoustical signatures were 

observed during these surveys 

(Mansfield et al., 2002a; Mansfield et 

al., 2002b). However, the effectiveness 

of side scan sonar surveys are limited by 

weather and sea conditions (e.g.,

suspended sediments are reflected by 

the sonar and monitoring is only 

successful in calm seas), and the 

acoustical signature may vary with the 

sea turtle’s orientation and location in 

the net, size, and decomposition state 

(Mansfield et al. 2002a; Mansfield et al.

2002b). Sonar surveys have potential in 

detecting sub-surface turtle 

entanglements and impingements, but 

given the caveats, the results obtained to 

date must be treated cautiously. While 

most of the previously observed sea 

turtles were found near the surface, it 

remains unclear whether the visual 

surface monitoring biased the location 

of the take results. Sea turtles may be 

found throughout the water column 

given their preferences for water 

temperature (e.g., generally greater than 

11° C) and foraging (e.g., loggerheads 

and Kemp’s ridleys in Virginia are 

primarily benthic foragers). Mansfield 

and Musick (2003) found that 7 sea 

turtles (6 loggerheads and 1 Kemp’s 

ridley) tracked in the Virginia 

Chesapeake Bay from May 22 to July 17, 

2002, dove to maximum depths ranging 

from approximately 13.1 ft (4 m) to 41 

ft (12.5 m). While the percentage of time 

sea turtles spend at the surface 

compared to at depth is still being 

clarified, sea turtles may be found 

throughout the water column. As pound 

net leader characteristics are generally 

consistent from top to bottom, it is 

probable that more sea turtles are in 

pound net leaders than are observed or 

reported and the previous monitoring 

efforts represent a minimum record of 

sea turtle entanglement and 

impingement.

The 2002 and 2003 monitoring results 

documenting the entanglement of sea 

turtles in leaders with less than 12 

inches (30.5 cm) stretched mesh 

represents new information not 

previously considered in prior 

assessments of the Virginia pound net 

fishery, and entanglements in and 

impingements on these leaders appear 

to be more of a significant problem than 

originally believed. As such, additional 

restrictions are warranted to prevent sea 

turtle entanglement in and impingement 

on pound net gear.

Spring Sea Turtle Stranding Event

High strandings of threatened and 

endangered sea turtles are documented 

on Virginia beaches each spring. The 

magnitude of this stranding event has 

increased in recent years. During May 

and June, total reported Virginia sea 

turtle strandings were 84 in 1995, 85 in 

1996, 164 in 1997, 183 in 1998, 129 in 

1999, 161 in 2000, 256 in 2001, and 180 

in 2002. In 2003, preliminary data 

indicate that 312 dead sea turtles 

stranded on Virginia beaches during 

May and June, with most of these 

occurring during the latter half of June. 

Strandings have also been elevated in 

July, generally the first half of the 

month. For instance, in 2003, the 

stranding peak occurred during the last 

two weeks of June, but strandings 

remained consistent through the second 

week of July, with a preliminary total of 

48 turtles stranding from July 1 to 15. 

Furthermore, from 1996 to 2003, 

strandings were generally elevated 

during the first half of July, with an 

average of 23 strandings documented 

from July 1 to 15. In the latter half of 

July, strandings typically decrease; from 

1996 to 2003, an average of 11 

strandings were documented from July 

16 to 31.

Most of the stranded sea turtles in 

Virginia have been threatened 

loggerheads, but endangered Kemp’s 

ridley, green and leatherback sea turtles 

have also stranded. Out of 1,559 total 

strandings in May and June from 1995 

to 2003, 1,372 loggerheads, 108 Kemp’s 

ridleys, 28 leatherbacks, 1 green, and 50 

unidentified turtles were found in 

Virginia. The majority of stranded 

turtles have been of the juvenile/

immature life stage. Most of the 

stranded turtles reported in Virginia 

during the spring have been moderately 

to severely decomposed. For instance, 

in the spring of 2003, approximately 85 

percent of the strandings were either 

moderately to severely decomposed, 

compared to approximately 6 percent 

that were fresh dead. The ability to 

conduct necropsies is compromised by 

the condition of the stranded animals, 

and severely decomposed turtles are not 

usually necropsied. The majority of the 

stranded turtles that were examined by 

necropsy in the spring of previous years 

had relatively good fat stores and full 

stomachs/digestive tracts, suggesting 

that the animals were in good health 

prior to their death.

From mid-May to mid-July 2003, 

approximately 47 percent of the 

stranded animals were found along the 

Chesapeake Bay side of the Eastern 

shore of Virginia, 23 percent were found 

in the Virginia Beach ocean area, 15 

percent in the Western Bay, 8 percent 

along the oceanside of the Eastern shore, 

and 7 percent in the southern 

Chesapeake Bay areas. While the 

distribution of sea turtle strandings in 

Virginia varies slightly from year to 

year, there has been a high 

concentration of stranded sea turtles 

found along the Eastern shore in recent 

years. It is possible that some Virginia 

Chesapeake Bay turtle strandings are 

swept into the Chesapeake Bay from 

elsewhere, as the water patterns and 

currents entering the Chesapeake Bay 

could concentrate sea turtle strandings 

around the mouth with certain wind 

conditions (Valle-Levinson et al., 2001). 

Similarly, southwesterly winds result in 

surface water outflows throughout the 

entrance to the Chesapeake Bay, which 

could result in sea turtles being carried 

out of the Chesapeake Bay. However, it 

is likely that in the Virginia Chesapeake 

Bay, most mortalities have occurred 

relatively close to the stranding location 

(Lutcavage 1981). A NMFS observer 

tagged 6 floating dead sea turtles during 

the spring of 2003, and 2 sea turtles 

were recovered the next day - one 

stranded approximately 500 yards (457 

m) away on the Eastern shore and 

another was found 6–7 nautical miles 

(11.1–13 km) south of the Western Bay 

tagging location.

NMFS has evaluated the potential sea 

turtle mortality sources in Virginia 

waters, and will continue to do so in the 

future. While some turtles with 

traumatic carapace injuries, propellerlike wounds or imbedded fish hooks 

have been documented each year, no 

cause of mortality is obvious for the 

majority of turtles that strand. 

Determining the cause of death in 

stranded sea turtles is difficult, given 

the level of decomposition of most 

stranded turtles and the lack of 

evidence, due in part to sea turtles’

anatomy (e.g., hard carapace, scaly 

skin). However, the circumstances 

surrounding the spring strandings are 

consistent with fishery interactions as a 

likely cause of some perhaps a 

significant number of sea turtles deaths 

and, therefore, strandings. These 

circumstances include relatively healthy 

turtles prior to the time of their death, 

Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Proposed Rules 5813

a large number of strandings in a short 

time period, no external wounds on the 

majority of the turtles, no common 

characteristic among stranded turtles 

that would suggest disease as the main 

cause of death, and turtles with finfish 

in their stomachs (which has been 

believed to indicate interactions with 

fishing gear (Bellmund et al., 1987) or 

bycatch discarded from vessels (Shoop 

and Ruckdeschel, 1982)).

While a concentration of strandings 

has been consistently found in the 

vicinity of pound nets, and a number of 

dead floating sea turtles were 

documented around pound nets in 

recent years, a cause and effect 

relationship between pound net 

interactions and high spring strandings 

cannot be statistically derived based on 

the available data. However, NMFS has 

documented that fishing with pound net 

leaders results in lethal and non-lethal 

take of sea turtles. NMFS concludes that 

this constitutes sufficient evidence to 

form the basis for these proposed 

restrictions on pound net leaders.

Impact of High Mortality on Sea Turtle 

Populations

Sea turtles have been documented 

entangled in and impinged on pound 

net leaders, and the purpose of this 

proposed action is to prevent sea turtle 

entanglements in and impingements on 

Virginia pound net gear. The 

documented interactions between sea 

turtles and pound net leaders, as well as 

the annual Virginia spring strandings, 

are of concern for the following reasons: 

(1) All of the entangled, impinged and 

stranded animals are listed as either 

endangered or threatened under the 

ESA which means these species are in 

danger of extinction or likely to become 

endangered; (2) the level of strandings 

in Virginia has been elevated the last 

seven years, and there is no reason to 

believe that high spring strandings will 

abate in future years without regulatory 

action; (3) sea turtles have been 

observed entangled in leader mesh sizes 

smaller than what is currently 

restricted; (4) sea turtles have been 

observed impinged on leaders by the 

current, a phenomenon not previously 

believed to occur with such frequency, 

and impingements are likely to continue 

to occur on small mesh leaders in areas 

where impingements have been 

documented; (5) the greatest percentage 

of Virginia spring strandings in recent 

years has been along the southern tip of 

the Eastern shore, where a large number 

of pound nets are located; (6) 

approximately 50 percent of the 

Chesapeake Bay loggerhead foraging 

population is composed of the northern 

subpopulation, a subpopulation that 

may be declining; and (7) most of the 

stranded turtles have been juveniles, a 

life stage found to be critical to the long 

term survival of the species.

Most loggerheads in U.S. waters come 

from one of five genetically distinct 

nesting subpopulations. The largest 

loggerhead subpopulation occurs from 

29° N. lat. on the east coast of Florida 

to Sarasota on the west coast and shows 

recent increases in numbers of nesting 

females based upon an analysis of 

annual surveys of all nesting beaches. 

However, a more recent analysis limited 

to nesting data from the Index Nesting 

Beach Survey program from 1989 to 

2002, a period encompassing index 

surveys that are more consistent and 

more accurate than surveys in previous 

years, has shown no detectable trend (B. 

Witherington, Florida Fish and Wildlife 

Conservation Commission, pers. comm., 

2002). Thus, it is unclear whether the 

increase in documented sea turtle 

mortalities in Virginia could partly be a 

function of the status of the South 

Florida subpopulation of loggerheads, 

which make up approximately 50 

percent of the loggerheads found in the 

Chesapeake Bay. The northern 

subpopulation that nests from northeast 

Florida through North Carolina is much 

smaller, and nesting numbers are stable 

or declining. Genetic studies indicate 

that approximately one-half of the 

juvenile loggerheads inhabiting 

Chesapeake Bay during the spring and 

summer are from the smaller, northern 

subpopulation (TEWG, 2000; Bass et al., 

1998; Norrgard, 1995). Approximately 

3,800 nesting females are estimated for 

the northern subpopulation of 

loggerhead sea turtles (TEWG, 2000). 

The impact of the high level of mortality 

experienced by loggerhead turtles each 

spring off Virginia on the population’s 

ability to recover is of significant 

concern. The northern subpopulation 

produces 65 percent males, while the 

South Florida subpopulation is 

estimated to produce 20 percent males 

(NMFS SEFSC, 2001). As males do not 

appear to show the same degree of site 

fidelity as females, the high proportion 

of males produced in the northern 

subpopulation may be an important 

source of males for all loggerheads 

inhabiting the Atlantic. The loss of the 

male contribution from the northern 

subpopulation may restrict gene flow 

and result in a loss of genetic diversity 

to the loggerhead population as a whole. 

The loss of females from the northern 

subpopulation may preclude future 

reproduction, reducing the likelihood of 

both future survival and recovery of the 

northern subpopulation of loggerheads. 

Given the vulnerability of these 

subpopulations to chronic impacts from 

human-related activities, the high level 

of spring sea turtle mortality in Virginia 

must be reduced to help ensure that 

these subpopulations of loggerheads 

will recover.

Most of the turtles stranding in 

Virginia waters during the spring are of 

the juvenile/immature life stages. The 

specific age at maturity for most sea 

turtles is unknown; the age of maturity 

for loggerheads occurs from 

approximately 21–35 years (TEWG, 

2000). Studies have concluded that sea 

turtles must have high annual survival 

as juveniles and adults to ensure that 

sufficient numbers of animals survive to 

reproductive maturity to maintain stable 

populations (Crouse et al., 1987; 

Crowder et al., 1994; Crouse, 1999). 

Given their long maturation period, 

relatively small decreases in annual 

survival rates of both juvenile and adult 

loggerhead sea turtles may destabilize 

the population, thereby potentially 

reducing the likelihood of survival and 

recovery of the population. As such, the 

historical high level of mortality in 

Virginia plus the increase in loggerhead 

mortality documented during the last 

several years may negatively affect the 

recovery of the loggerhead population.

Restrictions on Pound Net Leaders

To conserve sea turtles, the AA 

proposes to prohibit the use of all 

pound net leaders from May 6 to July 15 

each year in the Virginia waters of the 

mainstem Chesapeake Bay, south of 37°

19.0′ N. lat. and west of 76° 13.0′ W. 

long., and all waters south of 37° 13.0′

N. lat. to the Chesapeake Bay Bridge 

Tunnel (extending from approximately 

37° 05′ N. lat., 75° 59′ W. long. to 36°

55′ N. lat., 76° 08′ W. long.) at the mouth 

of the Chesapeake Bay, and the portion 

of the James River downstream of the 

Hampton Roads Bridge Tunnel (I–64; 

approximately 36° 59.55′ N. lat., 76°

18.64′ W. long.) and the York River 

downstream of the Coleman Memorial 

Bridge (Route 17; approximately 37°

14.55′ N. lat, 76° 30.40′ W. long.). 

Additionally, the AA proposes to 

prohibit the use of all leaders with 

stretched mesh greater than or equal to 

8 inches (20.3 cm) and leaders with 

stringers from May 6 to July 15 each 

year in the Virginia waters of the 

Chesapeake Bay outside the 

aforementioned closed area, extending 

to the Maryland-Virginia State line 

(approximately 37° 55′ N. lat., 75° 55′

W. long.) and the Rappahannock River 

downstream of the Robert Opie Norris 

Jr. Bridge (Route 3; approximately 37°

37.44′ N. lat, 76° 25.40′ W. long.), and 

from the Chesapeake Bay Bridge Tunnel 

5814 Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Proposed Rules 

to the COLREGS line at the mouth of the 

Chesapeake Bay.

This prohibition of pound net leaders 

would be effective from 12:01 a.m. local 

time on May 6 through 11:59 p.m. local 

time on July 15 each year. For the 

duration of this proposed gear 

restriction, fishermen would be required 

to stop fishing with pound net leaders 

altogether or pound net leaders 

measuring 8 inches (20.3 cm) or greater 

stretched mesh and pound net leaders 

with stringers, depending upon the 

location of their pound net site as 

indicated above.

NMFS has sufficient evidence to 

conclude that there is a localized 

interaction between sea turtles and 

pound nets along the Eastern shore of 

Virginia and in the Western Chesapeake 

Bay. Sea turtles have been observed in 

pound net gear along the Eastern shore 

in recent years. Sea turtles have also 

been found impinged on and entangled 

in leaders in the Western Bay, during 

recent monitoring studies as well as 

surveys in the 1980s. Entanglements in 

and impingements on pound net leaders 

have been documented in leaders with 

as small as 8 inch (20.3 cm) stretched 

mesh and in leaders with stringers. 

Impingements occur when the sea 

turtles are held against the net by the 

current, which could happen with any 

mesh size (i.e., on leaders smaller than 

8 inches (20.3 cm) stretched mesh) in 

areas where impingements were 

previously documented (e.g., the 

southern portion of the Eastern shore, 

where currents appear to be strong). At 

this time, NMFS cannot determine the 

current strength that results in 

impingements, but available data show 

that impingements have only occurred 

in certain areas, locations where 

observer reports and anecdotal 

information suggest currents are 

‘‘strong’’. During 2003 monitoring 

efforts, there were few active pound nets 

found in the southern Chesapeake Bay 

outside the Eastern shore and Mobjack 

Bay (in the Western Chesapeake Bay) 

areas. The area where leaders would be 

prohibited was defined to exclude those 

pound nets in locations where sea 

turtles have never been found entangled 

or impinged, despite monitoring efforts. 

To prevent entanglements and 

impingements (leading to the potential 

subsequent drowning of sea turtles), 

NMFS proposes to prohibit all pound 

net leaders in a portion of the southern 

Chesapeake Bay.

While there have not been any 

documented entanglements or 

impingements outside the southern 

Chesapeake Bay area where all pound 

net leaders would be prohibited, NMFS 

is proposing to restrict leader mesh size 

in the remainder of the Virginia 

Chesapeake Bay to less than 8 inches 

(20.3 cm) stretched mesh and prohibit 

the use of stringers, because the best 

available information shows that sea 

turtles have been entangled in pound 

net leaders with stretched mesh 8 

inches (20.3 cm) and greater and in 

leaders with stringers. Given that 

gillnets with less than 8 inches (20.3 

cm) stretched mesh have been found to 

entangle sea turtles (Gearhart, 2002), 

there is the possibility that 

entanglements in leader mesh smaller 

than 8 inches (20.3 cm) stretched mesh 

could occur. However, given the 

differences between gillnet gear and 

pound net leaders (e.g., monofilament 

versus multifilament material; drift, set, 

and runaround versus fixed stationary 

gear; gilling vs. herding fishing method), 

the lack of reported entanglements in 

pound net leaders with stretched mesh 

less than 8 inches (20.3 cm), and the 

lack of reported impingements in the 

area in which leader mesh size would 

be restricted, NMFS believes that 

allowing the use of leaders but 

restricting the stretched mesh size to 

less than 8 inches (20.3 cm) is protective 

of sea turtles. NMFS does not expect sea 

turtle impingements on pound net 

leaders to occur outside the leader 

prohibited area given the lack of 

observed impingements on pound net 

leaders, which appears to be related to 

geographical location and current 

strength. No sea turtles have been found 

entangled in or impinged on the pound 

or heart of pound net gear to date, and 

as such, the use of those components of 

the pound net gear is not restricted.

From 1994 to 2003, the average date 

of the first reported stranding in 

Virginia was May 13. However, sea 

turtle mortality would have occurred 

before the animals stranded on Virginia 

beaches. In order for the proposed 

pound net restrictions to reduce sea 

turtle interactions with pound net 

leaders, the proposed measures should 

go into effect at least one week prior to 

the stranding commencement date, or 

on May 6 each year. Implementing 

restrictions on this date would ensure 

protective measures would be in place 

at the time when sea turtles are 

expected to be in the Chesapeake Bay 

and are becoming vulnerable to 

mortality sources. Note that this is two 

days earlier than the date of the 

restrictions enacted in the 2002 interim 

final rule, as the date was modified 

based upon updated stranding 

information. Additionally, water 

temperature data support 

implementation of the proposed 

measures on May 6. Mansfield et al.

(2001) and Mansfield and Musick (2003) 

state that analyses by the Virginia 

Institute of Marine Science have 

estimated that sea turtles migrate into 

the Chesapeake Bay when water 

temperatures warm to approximately 16 

to 18° C. However, sea turtles do 

frequent waters as cool as 11° C 

(Epperly et al., 1995). From 1999 to 

2003, the average water temperature on 

May 6 at the NOAA National Ocean 

Service Kiptopeke, Virginia station was 

15.7° C, with average water 

temperatures increasing to 16.3° C on 

May 7 and 17.1° C on May 8. An 

additional analysis conducted by the 

NMFS Southeast Fisheries Science 

Center found that in week 18 (April 30 

to May 6) and week 19 (May 7 to May 

13), approximately 85 percent and 90 

percent, respectively, of the area 

encompassing the mouth of the 

Chesapeake Bay (from the COLREGS 

line to the 20 m (65.6 ft) depth contour) 

contained sea surface temperatures of 

11° C and warmer (NMFS, unpub. data, 

2003). This indicates that water 

temperatures around the mouth of the 

Chesapeake Bay are within sea turtles’

preferred temperature range in early 

May and, therefore, supports the 

effective date of the proposed 

regulations.

A previous study in 1983 and 1984 

found that sea turtle entanglements in 

pound net gear increased slowly until 

early June, then increased sharply and 

reached a plateau by late June, with few 

entanglements occurring after June 

(Bellmund et al., 1987). Since the early 

1980s, there has not been a directed 

pound net monitoring effort from midJune to July, but monitoring for sea 

turtle strandings has continued during 

this time frame. As mentioned, typically 

the peak of Virginia strandings has been 

from mid-May to mid-June. However, 

strandings data show that the peak can 

occur earlier and later. For instance, in 

2003, the stranding peak occurred 

during the last two weeks of June and 

strandings remained consistent through 

the second week of July (e.g., 48 sea 

turtles stranded from July 1–15, 2003). 

The 2003 stranding peak was 10–15 

days later than in 2001 and 2002 

(Swingle and Barco, 2003). Given that 

sea turtle presence in the Chesapeake 

Bay is dependent upon water 

temperature, which makes the stranding 

peak somewhat variable, it is important 

to ensure sea turtles are protected 

during the period of apparent 

vulnerability (as indicated by elevated 

strandings). While there is some 

concern that entanglements could 

continue until the end of July or 

throughout the sea turtle residency 

Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Proposed Rules 5815

period in the Chesapeake Bay, based 

upon the available data on sea turtle 

entanglements, impingements, and 

stranding patterns, the greatest potential 

for sea turtles to interact with pound net 

leaders would occur during May and 

June, and extend into the first half of 

July.

The time frame of the 2002 interim 

final rule extended until June 30. This 

end date was based on the previous 

Bellmund et al. (1987) study and the 

historical stranding patterns, showing 

that documented sea turtle 

entanglements and strandings, 

respectively, taper off at the end of June. 

The 2002 interim final rule also 

contained a framework mechanism that 

enabled NMFS to extend the regulations 

for up to 30 days, but that measure was 

not included in this proposed action 

due to difficulties experienced with 

enacting regulations on a real time basis. 

Given the variability in the stranding 

peak, the elimination of the framework 

mechanism, and the need to be 

protective of these listed species, the 

proposed measures would extend to 

July 15. Implementation of the proposed 

measures during this time period is 

expected to prevent sea turtle 

entanglement in and impingement on 

pound net leaders in the spring. Note 

that NMFS is seeking public comments 

not only on the measures included in 

this proposed rule (e.g., the closure to 

the use of all pound net leaders, its 

geographical extent, the restrictions on 

leader mesh size and stringers, and their 

geographical extent), but also on the 

suitability of the time frame of the 

proposed measures. NMFS will consider 

comments on those topics as well as 

new developments in the scientific 

information base during the preparation 

of the final rule for this action.

NMFS plans to continue analyzing the 

potential natural and anthropogenic 

mortality sources in Virginia inshore, 

nearshore, and offshore waters. As part 

of this larger initiative, NMFS intends to 

continue to closely monitor sea turtle 

stranding levels and other fisheries 

active in the Chesapeake Bay and 

nearshore and offshore Virginia waters. 

Further, NMFS is beginning to 

implement a coordinated research 

program with pound net industry 

participants and other interested parties 

to develop and test pound net leader 

modifications with the goal of 

eliminating or reducing sea turtle 

interactions while retaining an 

acceptable level of fish catch. 

Additionally, in the near future, NMFS 

plans to holistically evaluate the 

impacts of pound nets (as well as other 

fishing gear types) on sea turtles 

throughout the Atlantic and Gulf of 

Mexico, as part of the Strategy for Sea 

Turtle Conservation and Recovery in 

Relation to Atlantic Ocean and Gulf of 

Mexico Fisheries (NMFS 2001).

The year-round reporting and 

monitoring requirements for this fishery 

established by the 2002 interim final 

rule remain in effect. For instance, all 

Virginia pound net fishermen are still 

required to report all sea turtle 

interactions (e.g., dead or alive; 

entangled, impinged, or floated into 

their net) in any part of their pound net 

gear (e.g., pound, heart, or leader) to 

NMFS within 24 hours of returning 

from the trip in which the take was 

documented. To date, NMFS has not 

received any reports from fishermen of 

sea turtles in their pound net leaders, 

but NMFS observers have documented 

these interactions. In 2003, several live 

sea turtle captures in pounds were 

reported to NMFS. Note that this action 

would change the telephone number to 

which to report sea turtle interactions 

from the telephone number previously 

included in the 2002 interim final rule.

NMFS is also proposing to modify the 

titles of adjacent sections of regulatory 

text for sea turtles and fishery 

interactions, in order to make the 

appropriate sections of regulatory text 

more easily identifiable to readers.

Classification

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866.

NMFS has prepared an initial 

regulatory flexibility analysis that 

describes the economic impact this 

proposed rule, if adopted, would have 

on small entities. A description of the 

action, why it is being considered, and 

the legal basis for this action are 

contained at the beginning of the 

preamble and in the SUMMARY 

section. A summary of the analysis 

follows:

The fishery affected by this proposed 

rule is the Virginia pound net fishery in 

the Chesapeake Bay. The proposed 

action prohibits all pound net leaders in 

a portion of the southern Chesapeake 

Bay, and prohibits leaders with 

stretched mesh greater than or equal to 

8 inches (20.3 cm) and leaders with 

stringers in the remainder of the 

Virginia Chesapeake Bay, from May 6 to 

July 15 each year. Non-preferred 

alternative 1 is the same as the proposed 

action, but the time period of the 

restrictions is from May 6 to June 30. 

Non-preferred alternative 2 prohibits 

pound net leaders with 8 inches (20.3 

cm) and greater stretched mesh, as well 

as leaders with stringers, in the Virginia 

Chesapeake Bay from May 6 to July 15. 

Non-preferred alternative 3 is the same 

as the proposed action, but the pound 

and heart, in addition to the leader, 

must also be removed in a portion of the 

southern Chesapeake Bay. Nonpreferred alternative 4 prohibits all 

pound net leaders from May 6 to July 15 

in the Virginia Chesapeake Bay. Finally, 

in addition to the mesh size restrictions 

in a portion of the Virginia Chesapeake 

Bay, non-preferred alternative 5 

modifies the pound net leader 

configuration in a portion of the 

southern Chesapeake Bay (i.e., the area 

where all leaders are proposed to be 

prohibited in the proposed action) so 

that the mesh height is restricted to onethird the depth of the water, the mesh 

must be less than 8 inches (20.3 cm) and 

held with ropes 3/8 inches (0.95 cm) or 

greater in diameter strung vertically a 

minimum of every 2 feet (61 cm) and 

attached to a top line.

According to the 2002 VMRC data, 

there are 31 harvesters actively fishing 

pound nets from May 6 to July 15, with 

10 harvesters located in the lower 

portion of the Virginia Chesapeake Bay 

and 21 harvesters located in the upper 

portion of the Virginia Chesapeake Bay. 

These 31 harvesters fish approximately 

40 pound nets in the upper portion of 

the Virginia Chesapeake Bay (=21 

harvesters x 1.9 pound nets/harvester) 

and 30 pound nets in the lower portion 

of the Virginia Chesapeake Bay (=10 

harvesters x 3.0 pound nets/harvester). 

Based on 2000 to 2002 data, annual 

landings per harvester were 280,996 

pounds (127,457 kg) in the upper 

portion of the Virginia Chesapeake Bay 

and 257,491 pounds (116,795 kg) in the 

lower portion of the Virginia 

Chesapeake Bay. Annual revenues per 

harvester were $64,483 and $105,298 in 

the upper and lower region, 

respectively. From May 6 to July 15, 

landings per harvester were 96,946 

pounds (43,973 kg) in the upper region 

and 95,380 pounds (43,263 kg) in the 

lower region. Estimated revenues per 

harvester were $18,102 and $40,474 in 

the upper and lower region, 

respectively.

Of the 31 harvesters, 45 percent of the 

harvesters (=[4 located in the upper 

region +10 located in the lower region]/

31 total harvesters) fishing from May 6 

to July 15 would be affected by this 

proposed action. Approximately 34 

pound nets in total would be affected by 

this proposed action, with 4 in the 

upper portion of the Virginia 

Chesapeake Bay and 30 in the lower 

portion of the Virginia Chesapeake Bay.

In the upper portion of the Virginia 

Chesapeake Bay, two potential 

responses to the leader mesh size 

restrictions would be either choosing to 

not fish or switching to a smaller leader 

5816 Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Proposed Rules 

mesh size during the restricted period. 

If a harvester chooses not to fish, their 

revenues decrease by 17.1 percent, since 

they incur revenue losses and the cost 

of removing their gear. If a harvester 

switches to a smaller mesh leader, his 

or her revenues would be reduced by 

8.4 percent. For purposes of this 

analysis, we assumed the harvester will 

modify their gear since they want to 

minimize their economic loss. 

Therefore, in the upper bay region, 

annual revenues may be reduced by 8.4 

percent per harvester under the 

proposed action. In the upper bay 

region, five of the six alternatives, not 

counting the ‘‘no action’’ alternative, are 

the same. The proposed action and nonpreferred alternatives 1, 2, 3, and 5 

require the leader mesh to be less than 

8 inches (20.3 cm). As such, the impacts 

of those non-preferred alternatives 

would be the same as those for the 

proposed action in the upper bay area; 

annual revenues would be reduced by a 

low of 8.4 percent per harvester and 4 

harvesters would be affected. Under 

non-preferred alternative 4, all leaders 

must be removed from the Virginia 

Chesapeake Bay. This alternative 

impacts all 21 harvesters in the upper 

region, and annual revenues per 

harvester would be reduced by 33.5 

percent.

In the lower portion of the Virginia 

Chesapeake Bay where all leaders are 

prohibited under the proposed action, 

management actions vary between 

alternatives. Under all of the 

alternatives, all 10 harvesters would be 

impacted. With the proposed action, 

annual revenues per harvester would be 

reduced by a high of 43.2 percent. The 

proposed action and non-preferred 

alternative 4 are the same, and annual 

revenues per harvester would be 

reduced by 43.2 percent. The economic 

impact under non-preferred alternative 

1 would be less compared to the 

proposed action (34.5 percent reduction 

in annual revenues versus 43.2 percent), 

because the restricted time period is 

shorter. The impact under the nonpreferred alternative 3 would be greater 

than the proposed action (50.3 percent 

reduction in annual revenues versus 

43.2 percent), because additional labor 

costs are incurred to remove the heart 

and pound in addition to the leader. 

Reductions in annual revenues per 

harvester would be less under nonpreferred alternatives 2 and 5 in 

comparison to the proposed action, 

since these non-preferred alternatives 

allow a harvester to modify their gear 

and continue to fish. In the lower bay 

area, the non-preferred alternative 2 

would reduce annual revenues per 

harvester by 8.6 percent to 12.1 percent, 

depending on how many nets they set. 

Under non-preferred alternative 5, 

annual revenues per harvester would be 

reduced by 12.1 percent. Taking no 

action would not have economic 

consequences, at least in the short term.

Annual industry revenues are $2.6 

million for the pound net fishery. Under 

the proposed action, industry revenues 

would be reduced by 18.3 percent 

(=$0.476M/$2.6M). Under non-preferred 

alternatives 1, 2, 3, and 5, industry 

revenues would be reduced by 14.8 

percent, 4.9 percent, 21.2 percent, and 

5.8 percent, respectively. With the 

preceding five alternatives, 14 of 31 

harvesters would be affected by the 

management actions. Under nonpreferred alternative 4, all harvesters 

would be affected and forgone industry 

revenues would be reduced by 34.9 

percent. Again, these numbers assume 

fishermen will switch to a smaller mesh 

leader and continue to fish in those 

areas with leader mesh size restrictions, 

instead of removing their leaders 

entirely.

This action does not proposed new 

reporting or record keeping 

requirements.

This proposed rule does not 

duplicate, overlap or conflict with other 

Federal rules.

Authority: 16 U.S.C. 1531, et seq.

February 2, 2004.

Rebecca Lent,

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service.

List of Subjects in 50 CFR Part 223

Administrative practice and 

procedure, Endangered and threatened 

species, Exports, Imports, Reporting and 

recordkeeping requirements.

For the reasons set forth in the 

preamble, 50 CFR part 223 is proposed 

to be amended as follows:

PART 223—THREATENED MARINE 

AND ANADROMOUS SPECIES

1. In § 223.205, paragraph (b)(15) is 

revised to read as follows:

§ 223.205 Sea turtles.

* * * * *

(b) * * *

(15) Fail to comply with the 

restrictions set forth in § 223.206(d)(9) 

regarding pound net leaders; or

* * * * *

2. In § 223.206, paragraph (d) (2)(iv) is 

removed; (d) introductory text and (d)(2) 

paragraph heading are revised; and 

paragraph (d)(9) is added to read as 

follows:

§ 223.206 Exemptions to prohibitions 

relating to sea turtles.

* * * * *

(d) Exception for incidental taking. 

The prohibitions against taking in 

§ 223.205(a) do not apply to the 

incidental take of any member of a 

threatened species of sea turtle (i.e., a 

take not directed towards such member) 

during fishing or scientific research 

activities, to the extent that those 

involved are in compliance with all 

applicable requirements of paragraphs 

(d)(1) through (d)(9) of this section, or 

in compliance with the terms and 

conditions of an incidental take permit 

issued pursuant to paragraph (a)(2) of 

this section.

* * * * *

(2) Gear requirements for trawlers-* * 

*

* * * * *

(d) * * *

(9) Restrictions applicable to pound 

nets in Virginia-(i) Area closed to use of 

pound net leaders. During the time 

period of May 6 through July 15 each 

year, any pound net leader in the 

Virginia waters of the mainstem 

Chesapeake Bay, south of 37° 19.0′ N. 

lat. and west of 76° 13.0′ W. long., and 

all waters south of 37° 13.0′ N. lat. to the 

Chesapeake Bay Bridge Tunnel 

(extending from approximately 37° 05′

N. lat., 75° 59′ W. long. to 36° 55′ N. lat., 

76° 08′ W. long.) at the mouth of the 

Chesapeake Bay, and the portion of the 

James River downstream of the 

Hampton Roads Bridge Tunnel (I–64; 

approximately 36° 59.55′ N. lat., 76°

18.64′ W. long.) and the York River 

downstream of the Coleman Memorial 

Bridge (Route 17; approximately 37°

14.55′ N. lat, 76° 30.40′ W. long.) must 

be removed from the water so that no 

part of the leader contacts the water. All 

pound net leaders must be removed 

from the waters described in this 

subparagraph prior to May 6 and may 

not be reset until July 16.

(ii) Area with pound net leader mesh 

size restrictions. During the time period 

of May 6 to July 15 each year, any 

pound net leader in the Virginia waters 

of the Chesapeake Bay outside the area 

described in (i), extending to the 

Maryland-Virginia State line 

(approximately 37° 55′ N. lat., 75° 55′

W. long.) and the Rappahannock River 

downstream of the Robert Opie Norris 

Jr. Bridge (Route 3; approximately 37°

37.44′ N. lat, 76° 25.40′ W. long.), and 

from the Chesapeake Bay Bridge Tunnel 

(extending from approximately 37° 05′

N. lat., 75° 59′ W. long. to 36° 55′ N. lat., 

76° 08′ W. long.) to the COLREGS line 

at the mouth of the Chesapeake Bay, 

must have only mesh size less than 8 

Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Proposed Rules 5817

inches (20.3 cm) stretched mesh and 

may not employ stringers. Any pound 

net leader with stretched mesh 

measuring 8 inches (20.3 cm) or greater 

or any pound net leader with stringers 

must be removed from the waters 

described in this subparagraph prior to 

May 6 and may not be reset until July 

16.

(iii) Reporting requirement. At any 

time during the year, if a turtle is taken 

live and uninjured in a pound net 

operation, in the pound or in the leader, 

the operator of vessel must report the 

incident to the NMFS Northeast 

Regional Office, (978) 281–9328 or fax 

(978) 281–9394, within 24 hours of 

returning from the trip in which the 

incidental take was discovered.

(iv) Monitoring. Owners or operators 

of pound net fishing operations must 

allow access to the pound net gear so it 

may be observed by a NMFS-approved 

observer if requested by the Northeast 

Regional Administrator. All NMFSapproved observers will report any 

violations of this section, or other 

applicable regulations and laws. 

Information collected by observers may 

be used for law enforcement purposes.

[FR Doc. 04–2633 Filed 2–5–04; 8:45 am]

BILLING CODE 3510–22–S