24132 Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Rules and Regulations

(4) A description of whether a court

has upheld the decision of the agency to

withhold information under each of

those statutes cited, and a concise

description of the scope of any

information upheld;

(5) The number of requests for records

pending before the agency as of

September 30 of the preceding year and

the median number of days that these

requests had been pending before the

agency as of that date;

(6) The number of requests for records

received by the agency and the number

of requests the agency processed;

(7) The median number of days taken

by the agency to process different types

of requests;

(8) The total amount of fees collected

by the agency for processing requests;

(9) The average amount of time that

the agency estimates as necessary, based

on the past experience of the agency, to

comply with different types of requests;

(10) The number of full-time staff of

the agency devoted to the processing of

requests for records under this section;

and

(11) The total amount expended by

the agency for processing these requests.

(b) The Freedom of Information Act

Officer shall annually, on or before

February 1 of each year, prepare and

submit to the Attorney General an

annual report covering each of the

categories of records to be maintained in

accordance with paragraph (a) of this

section, for the previous fiscal year. A

copy of the report will be available for

public inspection and copying at the

Commission Information Office and a

copy will accessible through the

Internet at OSHRC’s World Wide Web

site at http://www.oshrc.gov.

Dated: April 18, 2000.

Patricia A. Randle,

Executive Director.

[FR Doc. 00–10275 Filed 4–24–00; 8:45 am]

BILLING CODE 7600–01–P

NATIONAL ARCHIVES AND RECORDS

ADMINISTRATION

36 CFR Part 1234

RIN 3095–AA94

Elimination of Requirement to Rewind

Computer Tapes

AGENCY: National Archives and Records

Administration (NARA).

ACTION: Final rule.

SUMMARY: NARA is revising its

regulations to eliminate the requirement

that Federal agencies rewind under

controlled tension all computer tapes

containing unscheduled or permanent

records every 31⁄2 years. This change

will affect Federal agencies that store

unscheduled or permanent records on

computer open-reel tapes or tape

cartridges.

DATES: Effective May 25, 2000.

FOR FURTHER INFORMATION CONTACT:

Nancy Allard or Shawn Morton at (301)

713–7360.

SUPPLEMENTARY INFORMATION: This rule

was published as a proposed rule for

comment in the Federal Register on

February 3, 2000 (65 FR 5295). NARA

received 6 comments on the proposed

rule, all supporting the change. Four

comments were from Federal agencies

and two comments were from private

individuals.

This rule is not a significant

regulatory action for the purposes of

Executive Order 12866. As required by

the Regulatory Flexibility Act, it is

hereby certified that this rule will not

have a significant impact on a

substantial number of small entities

because it applies to Federal agencies.

This rule does not have any federalism

implications.

List of Subjects in 36 CFR Part 1234

Archives and records, Computer

technology.

For the reasons stated in the

preamble, the National Archives and

Records Administration is amending 36

CFR Part 1234 to read as follows:

PART 1234—ELECTRONIC RECORDS

MANAGEMENT

Subpart C—Standards for the Creation,

Use, Preservation, and Disposition of

Electronic Records

1. The authority citation for part 1234

continues to read as follows:

Authority: 44 U.S.C. 2904, 3101, 3102, and

3105.

§ 1234.30 [Amended]

2. In § 1234.30, remove paragraph

(g)(3) and redesignate paragraphs (g)(4)

through (g)(7) as paragraphs (g)(3)

through (g)(6) respectively.

Dated: April 19, 2000.

John W. Carlin,

Archivist of the United States.

[FR Doc. 00–10249 Filed 4–25–00; 8:45 am]

BILLING CODE 7515–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 222 and 223

[Docket No. 991207322–0107–03; I.D.

041300A]

RIN 0648–AN30

Sea Turtle Conservation; Shrimp

Trawling Requirements

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Temporary rule; request for

comments.

SUMMARY: NMFS is imposing, for a 30-

day period, an additional restriction on

shrimp trawlers required to have a turtle

excluder device (TED) installed in each

net that is rigged for fishing, operating

in Gulf of Mexico offshore waters

bounded by the line originating at the

tip of the south jetty at Port Mansfield

Channel and terminating at the tip of

the north jetty at Aransas Pass, Texas.

Shrimp vessels operating in this area

must use a TED with an escape opening

large enough to exclude leatherback

turtles, as specified in the regulations.

This action is necessary to reduce

mortality of endangered leatherback sea

turtles incidentally captured in shrimp

trawls.

DATES: This action is effective from

April 19, 2000 through May 19, 2000.

Comments on this action are requested,

and must be received at the appropriate

address or fax number (see ADDRESSES)

by May 19, 2000.

ADDRESSES: Comments on this action

should be addressed to the Chief,

Endangered Species Division, Office of

Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD

20910. Comments may also be sent via

fax to 301–713–0376. Comments will

not be accepted if submitted via e-mail

or the Internet.

FOR FURTHER INFORMATION CONTACT:

Charles A. Oravetz (ph. 727–570–5312,

fax 727–570–5517, e-mail

Chuck.Oravetz@noaa.gov), or Barbara A.

Schroeder (ph. 301–713–1401, fax 301–

713–0376, e-mail

Barbara.Schroeder@noaa.gov).

For assistance in modifying TED

escape openings to exclude leatherback

sea turtles, fishermen may contact gear

specialists at the NMFS, Pascagoula, MS

laboratory by phone (228)–762 4591 or

by fax (228) 769–8699.

SUPPLEMENTARY INFORMATION:

Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Rules and Regulations 24133

Background

All sea turtles that occur in U.S.

waters are listed as either endangered or

threatened under the Endangered

Species Act of 1973 (ESA). The Kemp’s

ridley (Lepidochelys kempii),

leatherback (Dermochelys coriacea), and

hawksbill (Eretmochelys imbricata) are

listed as endangered. Loggerhead

(Caretta caretta) and green (Chelonia

mydas) 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.

The incidental take of these species as

a result of shrimp trawling activities has

been documented in the Gulf of Mexico

and in the Atlantic Ocean. Under the

Endangered Species Act (ESA) and its

implementing regulations, taking sea

turtles is prohibited, with exceptions

identified in 50 CFR 223.206. Existing

sea turtle conservation regulations (50

CFR part 223, subpart B) require most

shrimp trawlers operating in the Gulf

and Atlantic areas to have a NMFSapproved TED installed in each net

rigged for fishing year round.

The regulations provide a mechanism

to implement further restrictions of

fishing activities, if necessary to avoid

unauthorized takings of sea turtles that

may be likely to jeopardize the

continued existence of listed species or

that may violate the terms and

conditions of an incidental take

statement or incidental take permit.

Upon a determination that incidental

takings of sea turtles during fishing

activities are not authorized, additional

restrictions may be imposed to conserve

listed species and to avoid unauthorized

takings. Restrictions may be effective for

a period up to 30 days and may be

renewed for additional periods up to 30

days each (50 CFR 223.206(d)(4)).

Leatherback Sea Turtles

Leatherback sea turtles are the largest

species of sea turtle. They weigh

between 500 and 1300 pounds (272 and

590 Kg) and have carapaces 5 to 6 ft (1.5

to 1.8 m) in length. Leatherbacks are

widely distributed, ranging from the

tropics to sub-Arctic waters during their

feeding migrations. They nest in low

numbers on U.S. beaches and are

primarily seen in Atlantic coastal waters

of the southeast U.S. during their

northern springtime migration,

especially when high abundances of

jellyfish occur nearshore. Less is known

about the distribution of leatherbacks in

the Gulf, though stranding records

suggest a peak in nearshore abundance

during the Spring. However, they can be

found in U.S. waters throughout the

year.

Because of their size, leatherbacks are

not likely to escape from trawls, even

when equipped with approved TEDs.

The sea turtle conservation regulations

specify a minimum TED opening size in

the Gulf of 32 inches (89 cm)

horizontally and 10 inches (30.5 cm)

vertically. When the regulations

requiring TEDs in shrimp trawls year

round were adopted (57 FR 57348,

December 4, 1992), NMFS recognized

that the then-existing TEDs would not

protect leatherbacks, and the biological

opinion on the regulations concluded

that leatherback mortality would remain

a problem that must be addressed to

avoid jeopardizing the recovery of this

species. Consequently, the August 19,

1992, biological opinion’s incidental

take statement included as a term and

condition which specified that the

episodic take of leatherback turtles by

shrimp trawlers during periods of high

jellyfish abundance must be eliminated.

This could be accomplished by

temporary area closures, by requiring an

increase in size of TED openings to

allow leatherbacks to escape at times

when their abundance is high, by

limiting tow times, or by implementing

some other protective measure. In part,

to address this problem, the 1992 sea

turtle conservation regulations included

the provisions of 50 CFR 223.206(d)(4),

to provide ‘‘a mechanism to prevent sea

turtle mortalities * * *when existing

restrictions on the shrimp fishery are

found to be ineffective (57 FR 18453).’’

Recent Events

The Sea Turtle Salvage and Stranding

Network has reported that high numbers

of endangered leatherback sea turtles

have stranded along the Texas coast in

March and through April 8. A total of

nine leatherbacks have stranded this

Spring, with five of those stranding the

week of April 2 on Padre Island. By

comparison, the total annual number of

leatherbacks stranding statewide has

averaged 12 over the past 6 years. Eight

of the nine animals have stranded dead,

and one was rehabilitated and released

after the NOAA Protected Resources

Enforcement Team (PRET) rescued it

from an illegal gillnet. All the

leatherbacks have been adults, and one

was confirmed through a necropsy as a

pre-nesting female. Considering the

rarity of leatherbacks—no documented

nests have occurred in Texas since the

1930’s (Hildebrand, 1995) and although

strandings are only a minimum estimate

of actual mortality, these strandings

represent a serious impact to the

recovery and survival of the local

population.

The Spring shrimp season in the Gulf

of Mexico is traditionally characterized

by lighter effort than the late Summer,

but offshore trawling for brown shrimp

and nearshore trawling for white shrimp

are currently active. National Park

Service employees on Padre Island have

reported shrimp trawlers operating close

to the beach in the area of the

leatherback strandings. The PRET has

recently been patrolling the south Texas

coast and has encountered trawlers

working close to the beach in relatively

small numbers, but many of those have

been large, slab trawlers with extensive

fishing power. The minimum size for

TED openings specified in the sea turtle

conservation regulations is not large

enough to release leatherback turtles,

and capture and drowning in shrimp

trawls are the likely causes of most of

the leatherback strandings. Even if

shrimp trawling were not the cause of

the strandings observed thus far, the

high leatherback mortality level

indicates that leatherbacks are present

on and near the shrimping grounds.

Leatherback turtles are likely to remain

in the area for the next month, and

shrimp trawling with TEDs with

openings that are not large enough to

release leatherbacks would be expected

to continue to take leatherbacks

unnecessarily.

Analysis of Other Factors

One of the leatherback strandings on

Padre Island resulted from entanglement

in an illegally set gillnet. That turtle was

rescued, rehabilitated, and released.

Two days after that turtle was found, a

Mexican gillnet boat, fishing illegally in

U.S. waters, was apprehended by the

Coast Guard. Also that week, a shrimp

trawler in the vicinity of Port Mansfield

Channel was found with all four of its

TEDs sewn shut. Nevertheless,

shrimping conducted in compliance

with the TED regulations would also be

expected to capture and drown

leatherbacks due to the small minimum

size for TED openings. Shrimping is also

the main fishery in the area of the

strandings. Illegal gillnetting and

shrimping are possible sources of

leatherback mortality. Ongoing law

enforcement efforts by the Coast Guard,

Texas Parks and Wildlife Department,

and the NOAA PRET will continue to

address these activities and the threat

they pose to sea turtles. NMFS and

stranding network personnel will

continue to investigate factors other

than shrimping that may contribute to

leatherback sea turtle mortality in

Texas, including other fisheries and

environmental factors.

24134 Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Rules and Regulations

Restrictions on Fishing by Shrimp

Trawlers

Pursuant to 50 CFR 223.206(d)(4), the

exemption for incidental taking of sea

turtles in 50 CFR 223.206(d) does not

authorize incidental takings during

fishing activities if the takings would

violate the restrictions, terms, or

conditions of an ITS or incidental take

permit, or may be likely to jeopardize

the continued existence of a species

listed under the ESA. The August 19,

1992, biological opinion includes a

condition under the ITS that specifies

that NMFS must eliminate the episodic

take of leatherback turtles by shrimp

trawlers through area closures,

requirements for large TED opening

sizes, limitations on tow times, or some

other protective measure. Failure by

NMFS to take action to address the

mortality seen in south Texas over the

past weeks would violate the ITS and

result in unauthorized takings. NMFS

believes that a requirement for large

TED opening size is the least restrictive

means available to provide additional

protection for leatherback turtles.

Therefore, the Assistant Administrator

for Fisheries, NOAA (AA) issues this

determination that further takings of

leatherback turtles in Gulf of Mexico

waters off south Texas by shrimp

trawlers using TEDs with small escape

openings are unauthorized and imposes

this additional restriction to shrimp

trawling activities to conserve

endangered leatherback sea turtles.

Specifically, the AA closes all Gulf of

Mexico offshore waters seaward of the

COLREGS demarcation line, bounded

by the line originating at the tip of the

south jetty at Port Mansfield Channel,

Texas, thence due east to the point

26°33.75’ N. lat, 097°05 W. long., thence

slightly east of north to the point 27°50’

N. lat., 096°50.7’ W. long., thence due

west and terminating at the tip of the

north jetty at Aransas Pass, Texas, to

fishing by shrimp trawlers required to

have a TED installed in each net that is

rigged for fishing, unless the TED

installed has an escape opening large

enough to exclude leatherback turtles,

meeting the specifications at 50 CFR

223.207(a)(7)(ii)(B) or

223.207(c)(1)(iv)(B). These regulations

specify modifications that can be made

to either single-grid hard TEDs or Parker

soft TEDs to allow leatherbacks to

escape. This restriction is effective from

April 19, 2000 through 11:59 p.m. (local

time) May 19, 2000.

This restriction has been announced

on the NOAA weather channel, in

newspapers, and other media. Shrimp

trawlers may also call (727)570–5312 for

updated area closure information.

Additional Conservation Measures

The AA may withdraw or modify a

determination concerning unauthorized

takings or any restriction on shrimping

activities if the AA determines that such

action is warranted. Notification of any

additional sea turtle conservation

measures, including any extension of

this 30-day action, will be published in

the Federal Register pursuant to 50 CFR

223.206(d)(4).

NMFS will continue to monitor sea

turtle strandings to gauge the

effectiveness of these conservation

measures.

References Cited

Hildebrand, H.H. 1995. A Historical

Review of the Status of Sea Turtle

Populations in the Western Gulf of

Mexico. pp. 447–453 in Biology and

Conservation of Sea Turtles, Revised

Edition. K.A. Bjorndal, ed. Smithsonian

Institution.

Classification

This action has been determined to be

not significant for purposes of E.O.

12866.

The AA has determined that this

action is necessary to respond to an

emergency situation to provide adequate

protection for endangered leatherback

sea turtles pursuant to the ESA and

other applicable law.

Pursuant to 5 U.S.C. 553(b)(B), the AA

finds that there is good cause to waive

prior notice and opportunity to

comment on this action. It would be

contrary to the public interest to provide

prior notice and opportunity for

comment because providing notice and

comment would prevent the agency

from implementing this action in a

timely manner to protect endangered

leatherback sea turtles. Notice and

opportunity to comment were provided

on the proposed rule (57 FR 18446,

April 30, 1992) for the final rule

establishing the procedures to take this

action. Furthermore, the AA finds good

cause also under 5 U.S.C. 553(d)(3) not

to delay the effective date of this rule for

30 days. Such delay would also prevent

the agency from implementing this

action in a timely manner to protect

endangered leatherback sea turtles.

Accordingly, the AA is making the rule

effective April 19, 2000 through May 19,

2000. Also as stated above, this

restriction has been announced on the

NOAA weather channel, in newspapers,

and other media.

As prior notice and an opportunity for

public comment are not required to be

provided for this notification by 5

U.S.C. 553, or by any other law, the

analytical requirements of 5 U.S.C. 601

et seq. are inapplicable.

The AA prepared an Environmental

Assessment (EA) for the final rule (57

FR 57348, December 4, 1992) requiring

TED use in shrimp trawls and creating

the regulatory framework for the

issuance of notifications such as this.

The AA also prepared an EA for the

current action. Copies of the EAs are

available (see ADDRESSES).

Dated: April 19, 2000.

Andrew A. Rosenberg,

Deputy Assistant Administrator for Fisheries.

[FR Doc. 00–10203 Filed 4–19–00; 4:23 pm]

BILLING CODE 3510–22–F