25670 Federal Register / Vol. 65, No. 86 / Wednesday, May 3, 2000 / Rules and Regulations

Part 73 of Title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—[AMENDED]

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334. 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Vermont, is amended

by adding Barton, Channel 262A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–10923 Filed 4–28–00; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 222 and 223

[Docket No. 991207322–0115–04; I.D.

042100B]

RIN 0648–AN30

Sea Turtle Conservation; Restrictions

Applicable to Shrimp Trawl Activities;

Leatherback Conservation Zone

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Temporary rule; request for

comments.

SUMMARY: NMFS is closing, for a twoweek period, all inshore waters and

offshore waters out to 10 nautical miles

(nm) (18.5 km) seaward of the COLREGS

demarcation line, bounded by 32° N. lat.

and 33° N. lat. within the Leatherback

Conservation Zone, to fishing by shrimp

trawlers required to have a turtle

excluder device (TED) installed in each

net that is rigged for fishing, unless the

TED has 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 27, 2000 through 11:59 p.m. (local

time) on May 11, 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, (727) 570–5312, (ph.

727–570–5312, fax 727–570–5517, email Chuck.Oravetz@noaa.gov), or

Wanda L. Cain, (ph. 301–713–1401, fax

301–713–0376, e-mail

Wanda.Cain@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

fax (228) 769–8699.

SUPPLEMENTARY INFORMATION:

Prohibitions to taking sea turtles are

governed by regulations implementing

the Endangered Species Act at 50 CFR

parts 222 and 223. The incidental take

of turtles during shrimp fishing in the

Atlantic Ocean off the coast of the

southeastern United States and in the

Gulf of Mexico is excepted from the

taking prohibition pursuant to sea turtle

conservation regulations at 50 CFR

223.206, which include a requirement

that shrimp trawlers have a NMFSapproved TED installed in each net

rigged for fishing. The use of TEDs

significantly reduces mortality of

loggerhead, green, Kemp’s ridley, and

hawksbill sea turtles. Because

leatherback turtles are larger than the

escape openings of most NMFSapproved TEDs, use of these TEDs is not

an effective means of protecting

leatherback turtles.

Through a final rule (60 FR 47713

September 14, 1995), NMFS established

regulations to provide protection for

leatherback turtles when they occur in

locally high densities during their

annual, spring northward migration

along the Atlantic seaboard. Within the

Leatherback Conservation Zone, NMFS

may close an area for 2 weeks when

leatherback sightings exceed 10 animals

per 50 nm (92.6 km) during repeated

aerial surveys pursuant to

§ 223.206(d)(2)(iv)(A) through (C).

An aerial survey conducted on April

20, 2000, along the South Carolina coast

documented 28 leatherback turtles over

a total survey trackline of approximately

120 nm (222 km). The highest

concentrations were noted in waters off

the southern half of the state. Twentyone of the 28 leatherbacks were sighted

in the portion of the survey trackline

just 36.3 nm (67.2 km) long, from the

south end of Pritchards Island

(approximately 32°16′ N. lat, 080°36′ W.

long.) to the north end of Kiawah Island

(approximately 32°35′ N. lat., 079°59°

W. long.). In a 8.7-nm (16.1-km) section

of the survey trackline flown in a

northeasterly direction commencing

approximately 1 nm (1.8 km) off the

beach at the southern end of Edisto

Island (approximately 32°28′ N. lat.,

080°20′ W. long.), 7 leatherbacks were

sighted. A replicate survey flown later

in the flight (same course, speed, and

altitude) over the same 8.7 nm section

of trackline area sighted 11 leatherbacks.

Fishing effort appeared minimal at the

time of the survey. Only 8 vessels (7

underway shrimp trawlers and 1

stationary gillnet vessel) were observed

during the survey of the South Carolina

coast. The paucity of vessels is likely

due to the fact that shrimping in state

waters off South Carolina (and Georgia)

is scheduled to remain closed until mid

to late May.

The Assistant Administrator for

Fisheries, NOAA (AA), has determined

that all inshore waters and offshore

waters within 10 nm (18.5 km) seaward

of the COLREGS demarcation line,

bounded by 32° N. lat. and 33° N. lat.,

within the Leatherback Conservation

Zone are closed 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.

The regulations at 50 CFR

223.206(d)(2)(iv) also state that

fishermen operating in the closed area

with TEDs modified to exclude

leatherback turtles must notify the

NMFS Southeast Regional

Administrator of their intentions to fish

in the closed area. This aspect of the

regulations does not have a current

OMB control number, issued pursuant

to the Paperwork Reduction Act.

Consequently, fishermen are not

required to notify the Regional

Administrator prior to fishing in the

closed area, but they must still meet the

gear requirements.

Classification

This action has been determined to be

not significant for purposes of E.O.

12866.

The AA is taking this action in

accordance with the requirements of 50

CFR 223.206(d)(2)(iv) to provide

protection for endangered leatherback

sea turtles from incidental capture and

drowning in shrimp trawls. Leatherback

sea turtles are occurring in high

concentrations in coastal waters in

shrimp fishery statistical zone 32. This

Federal Register / Vol. 65, No. 86 / Wednesday, May 3, 2000 / Rules and Regulations 25671

action allows shrimp fishing to continue

in the affected area and informs

fishermen of the gear changes that they

can make to protect leatherback sea

turtles.

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 the necessary action

in a timely manner to protect the

endangered leatherback. Notice and

opportunity to comment on the

leatherback closure procedures was

provided through the rulemaking

establishing the closure procedures (60

FR 25663, May 12, 1995).

Pursuant to 5 U.S.C. 552(d)(3), the AA

finds that there is good cause not to

delay the effective date of this rule for

30 days. It would be contrary to the

public interest to delay this action

because such delay would prevent the

agency from implementing the

necessary action in a timely manner to

protect the endangered leatherback.

Accordingly, the AA is making the rule

effective April 27, 2000 through May 11,

2000. This closure 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.

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

requiring TED use in shrimp trawls and

the regulatory framework for the

Leatherback Conservation Zone (60 FR

47713, September 14, 1995). Copies of

the EA are available (see ADDRESSES).

Dated: April 27, 2000.

Penelope D. Dalton,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 00–10922 Filed 4–27–00; 4:49 pm]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 000211040–0040–01; I.D.

042800A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Species in the Rock

sole/Flathead sole/‘‘Other flatfish’’

Fishery Category by Vessels Using

Trawl Gear in Bering Sea and Aleutian

Islands Management Area

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is closing directed

fishing for species in the rock sole/

flathead sole/‘‘other flatfish’’ fishery

category by vessels using trawl gear in

the Bering Sea and Aleutian Islands

management area (BSAI). This action is

necessary to prevent exceeding the

second seasonal apportionment of the

2000 halibut bycatch mortality

allowance specified for the trawl rock

sole/flathead sole/‘‘other flatfish’’

fishery category.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), April 30, 2000, until 1200

hrs, A.l.t., July 4, 2000.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586-7228.

SUPPLEMENTARY INFORMATION: NMFS

manages the groundfish fishery in the

BSAI exclusive economic zone

according to the Fishery Management

Plan for the Groundfish Fishery of the

Bering Sea and Aleutian Islands Area

(FMP) prepared by the North Pacific

Fishery Management Council under

authority of the Magnuson-Stevens

Fishery Conservation and Management

Act. Regulations governing fishing by

U.S. vessels in accordance with the FMP

appear at subpart H of 50 CFR part 600

and 50 CFR part 679.

The second seasonal apportionment

of halibut bycatch mortality allowance

specified for the BSAI trawl rock sole/

flathead sole/‘‘other flatfish’’ fishery

category, which is defined at

§ 679.21(e)(3)(iv)(B)(2), was established

as 168 metric tons by the Final 2000

Harvest Specifications for Groundfish

(65 FR 8282, February 18, 2000).

In accordance with § 679.21(e)(7)(v),

the Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined that the second seasonal

apportionment of the 2000 halibut

bycatch mortality allowance specified

for the trawl rock sole/flathead sole/

‘‘other flatfish’’ fishery in the BSAI has

been caught. Consequently, the Regional

Administrator is closing directed fishing

for species in the rock sole/flathead

sole/‘‘other flatfish’’ fishery category by

vessels using trawl gear in the BSAI.

Maximum retainable bycatch amounts

may be found in the regulations at

§ 679.20(e) and (f).

This action responds to the best

available information recently obtained

from the fishery. It must be

implemented immediately to prevent

exceeding the second seasonal

apportionment of the 2000 halibut

bycatch mortality allowance specified

for the trawl rock sole/flathead sole/

‘‘other flatfish’’ fishery category.

Providing prior notice and an

opportunity for public comment on this

action is impracticable and contrary to

the public interest. The fleet will soon

take the apportionment. Further delay

would only result in the second

seasonal apportionment of the 2000

halibut bycatch mortality allowance

being exceeded. NMFS finds for good

cause that the implementation of this

action cannot be delayed for 30 days.

Accordingly, under U.S.C. 553(d), a

delay in the effective date is hereby

waived.

Classification

This action is required by 50 CFR

679.21 and is exempt from review under

E.O. 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: April 28, 2000.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 00–10990 Filed 4–28–00; 12:54 pm]

BILLING CODE 3510–22–F