59170 Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / Proposed Rules

PART 216—REGULATIONS

GOVERNING THE TAKING AND

IMPORTING OF MARINE MAMMALS

1. The authority citation for part 216

continues to read as follows:

Authority: 16 U.S.C. 1361 et seq., unless

otherwise noted.

2. In § 216.23, paragraph (f) is added

to read as follows:

§ 216.23 Native exceptions.

* * * * *

(f) Cook Inlet beluga whales.

(1) Cooperative Agreement.

Notwithstanding the provisions of 16

U.S.C. 1371(b) or paragraph (a) of this

section, any taking of a Cook Inlet

beluga whale by an Alaska Native must

be authorized under a cooperative

agreement between the National Marine

Fisheries Service and an Alaska Native

organization(s). The Cook Inlet beluga

whale stock includes all beluga whales

occurring in waters of the Gulf of Alaska

north of 58 degrees North latitude

including, but not limited to, Cook Inlet,

Kamishak Bay, Chinitna Bay, Tuxedni

Bay, Prince William Sound, Yakutat

Bay, Shelikof Strait, and off Kodiak

Island and freshwater tributaries to

these waters.

(2) Limitations on the Number of Cook

Inlet Beluga Whales Taken for

Subsistence. Notwithstanding the

provisions of 16 U.S.C. 1371(b) or

paragraph (a) of this section, the number

of whales that may be taken (killed or

struck and lost) each year from the Cook

Inlet, Alaska, stock of beluga whales for

subsistence purposes shall be limited to

no more than two (2) strikes annually

until the stock is no longer designated

as depleted.

(3) Prohibition on the Sale of Cook

Inlet Beluga Whale. Notwithstanding

the provisions of 16 U.S.C. 1371(b) or

paragraph (b) of this section, the sale of

products or foodstuffs from Cook Inlet

beluga whales is prohibited.

(4) Season. Notwithstanding the

provisions of 16 U.S.C. 1371(b) or

paragraph (a) of this section, all hunting

shall only occur after July 15 of each

year.

(5) Beluga calves or adult belugas

with calves. Notwithstanding the

provisions of 16 U.S.C. 1371(b) or

paragraph (a) of this section, the taking

of beluga whale newborn calves, or

adult whales with older, maternally

dependent calves is prohibited.

[FR Doc. 00–25481 Filed 10–3–00; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 981022265-8265-01; I.D.

101698L]

RIN 0648-AL93

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Fishing in

the EEZ Seaward of Navassa Island

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS issues this proposed

rule to prohibit fishing and anchoring of

fishing vessels in the exclusive

economic zone (EEZ) within 15 nautical

miles (nm) seaward from the baseline of

Navassa Island.

DATES: Comments must be received no

later than 4:30 p.m., eastern daylight

savings time, on November 3, 2000.

ADDRESSES: Written comments

regarding this proposed rule must be

sent to, and copies of a draft

environmental assessment supporting

this action, may be obtained from

Michael Barnette, Southeast Regional

Office, NMFS, 9721 Executive Center

Drive N., St. Petersburg, FL 33702.

Comments also may be sent via fax to

727-570-5583. Comments will not be

accepted if submitted via e-mail or

Internet. Comments on any ambiguity or

unnecessary complexity arising from the

language used in this rule should be

addressed to Rod Dalton, Southeast

Regional Office, NMFS, at the above

address.

FOR FURTHER INFORMATION CONTACT:

Michael Barnette, telephone: 727-570-

5305, fax: 727-570-5583, e-mail:

Michael.Barnette@noaa.gov.

SUPPLEMENTARY INFORMATION: The U.S.

Territory of Navassa Island is located in

the Caribbean Sea approximately 60 nm

northeast of Jamaica and 34 nm west of

Haiti. The uninhabited island covers an

area of approximately 2 square miles

(518 hectares).

NMFS has received several inquiries

regarding whether fishing activities are

permitted in the EEZ seaward of

Navassa Island. In addition, a recent

scientific expedition to Navassa Island

publicized the unique and unprotected

marine resources of the area. Important

marine resources of this area include

reef fish and invertebrates, especially

coral, live rock, sponges, queen conch,

and spiny lobsters. NMFS believes these

resources are in a relatively pristine

condition due to the isolation of this

area and its distance from the

commercial fishing grounds of the major

fishing nations.

Fishing in the EEZ seaward of

Navassa Island is subject to regulation

under the authority of the MagnusonStevens Fishery Conservation and

Management Act (Magnuson-Stevens

Act) (16 U.S.C. 1801 et seq.) and the

Atlantic Tuna Conventions Act (16

U.S.C. 971 et seq.). The Caribbean

Fishery Management Council (Council)

has authority only over the fisheries in

the EEZ of the Caribbean Sea and

Atlantic Ocean seaward of the U.S.

Virgin Islands and the Commonwealth

of Puerto Rico. An amendment to the

Magnuson-Stevens Act would be

necessary to extend the Council’s

authority to the EEZ seaward of Navassa

Island. However, the Secretary of

Commerce has the authority under

section 305(d) of the Magnuson-Stevens

Act to promulgate such regulations as

may be necessary to carry out the

provisions and purposes of that act,

including conserving and managing the

fishery resources in the EEZ not within

the authority of a regional fishery

management council such as in the EEZ

seaward of Navassa Island.

As a precautionary approach to

fisheries management, NMFS is

proposing this rule to protect the fishery

resources in the EEZ seaward of Navassa

Island from unregulated harvests until

the Magnuson-Stevens Act can be

amended to give the Council authority

over the fishery resources of the EEZ

seaward of Navassa Island, and until

conservation and management

measures, as recommended by the

Council and approved and implemented

by NMFS, are in effect. This rule would

prohibit all fishing, including fishing for

Atlantic highly migratory species, and

anchoring of fishing vessels in the EEZ

within 15 nm seaward from the baseline

of Navassa Island. These measures

would apply to vessels of the United

States and to all foreign vessels except

vessels of the Republic of Haiti.

This proposed rule is intended to

protect coral reef resources from

directed fishing or bycatch mortality

and to prevent possible damage from

unregulated fishing gear or from

harmful fishing practices, such as the

use of explosives or poisons.

Establishment of a no-fishing zone

would simplify and facilitate

enforcement in this remote area. The

anchoring prohibition would protect

coral habitats from physical damage and

facilitate enforcement of the fishing ban.

Federal Register / Vol. 65, No. 193 / Wednesday, October 4, 2000 / Proposed Rules 59171

NMFS requests information regarding

the fishery resources and existing or

expected fishing activities in the EEZ

within 15 nm of Navassa Island.

Because of the scarcity of data regarding

fishing activities in the area, NMFS is

requesting public comment, especially

from the longline fishing community, on

the number, if any, of longline vessels

that routinely fish within 15 nm of

Navassa Island. If any such vessels have

historically fished in the area, then

additional information on the

importance of the area in terms of

overall catches is requested.

The U.S. Fish and Wildlife Service

(Service) recently established the

Navassa Island National Wildlife

Refuge. For information regarding the

refuge, see the Service’s notice in the

Federal Register (64 FR 73062;

December 29, 1999).

Classification

This proposed rule is necessary in

order to protect the coral reef and other

fishery resources surrounding Navassa

Island from harmful fishing practices

until the Magnuson-Stevens Act can be

amended to establish the Council’s

authority over the fishery resources of

the EEZ seaward of Navassa Island, and

conservation and management measures

can be implemented through the

Council process. NMFS is concerned

that fishing activities in the EEZ

seaward of Navassa Island will increase

as a result of recent publicity and

inquiries about the area.

NMFS prepared a draft environmental

assessment (EA) for this proposed rule

and the Assistant Administrator for

Fisheries has preliminarily concluded

that there will be no significant impact

on the human environment as a result

of this proposed rule. A copy of the

draft EA is available from NMFS (see

ADDRESSES).

This proposed rule has been

determined to be significant for

purposes of Executive Order 12866.

The Chief Counsel for Regulation of

the Department of Commerce has

certified to the Chief Counsel for

Advocacy of the Small Business

Administration that this proposed rule,

if adopted, would not have a significant

economic impact on a substantial

number of small entities as follows:

The U.S. Territory of Navassa Island is

located in the Caribbean Sea approximately

60 nm northeast of Jamaica and 34 nm west

of Haiti. The uninhabited island covers an

area of approximately 2 square miles (518

hectares). NMFS believes the resources in the

nearshore waters surrounding Navassa Island

are in a relatively pristine condition due to

the isolation of this area and its distance from

the commercial fishing grounds of major

fishing nations. As a precautionary approach

to fisheries management, NMFS is proposing

this rule to protect the fishery resources

around Navassa Island from unregulated

harvests and habitat damage. Accordingly,

this rule would prohibit all fishing and

anchoring of fishing vessels in the EEZ

within 15 nm seaward from the baseline of

Navassa Island. This rule and its measures

would apply to vessels of the United States

and to all foreign vessels except vessels of the

Republic of Haiti.

Because of its remote location, there is a

scarcity of data about current and historical

fishing around Navassa Island. Anecdotal

evidence based on infrequent visits to the

island by scientists from non-governmental

organizations (e.g., Center for Marine

Conservation) and verbal information from

Navassa Island National Wildlife Refuge staff

indicates that the current level of fishing near

the island is negligible, if any. Information

from NMFS Highly Migratory Species (HMS)

Division indicates that some longline

fishermen may fish in the near vicinity of

Navassa Island. However, NMFS’ data on

HMS fishing locations is not precise enough

to establish the presence or absence of fishing

within 15 nm of Navassa Island.

NMFS believes that the main effect of this

rule would be to preserve the status quo.

Given what little data are available, and the

preliminary conclusion that fishing activity

in the marine waters near the island is

negligible, if any, NMFS has concluded that

the proposed rule will not have a significant

negative economic impact on a substantial

number of small entities.

Accordingly, an initial regulatory

flexibility analysis was not prepared for

this proposed rule.

The President has directed Federal

agencies to use plain language in their

communications with the public,

including regulations. To comply with

this directive, we seek public comment

on any ambiguity or unnecessary

complexity arising from the language

used in this proposed rule. Such

comments should be directed to Rod

Dalton at NMFS Southeast Regional

Office (see ADDRESSES).

List of Subjects in 50 CFR Part 622

Fisheries, Fishing, Puerto Rico,

Reporting and recordkeeping

requirements, Virgin Islands.

Dated: September 27, 2000.

William T. Hogarth,

Deputy Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 622 is proposed

to be amended as follows:

PART 622—FISHERIES OF THE

CARIBBEAN, GULF, AND SOUTH

ATLANTIC

1. The authority citation for part 622

continues to read as follows:

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

2. In § 622.1, paragraph (c) is added to

read as follows:

§ 622.1 Purpose and scope.

* * * * *

(c) This part also governs fishing in

the EEZ seaward of Navassa Island,

which is not under the authority of a

Regional Fishery Management Council.

3. In § 622.3, paragraph (f) is added to

read as follows:

§ 622.3 Relation to other laws and

regulations.

* * * * *

(f) In Navassa Island National Wildlife

Refuge, the regulations of the U.S. Fish

and Wildlife Service also apply.

4. In § 622.7, paragraph (l) is revised

to read as follows:

§ 622.7 Prohibitions.

* * * * *

(l) Fish in violation of the

prohibitions, restrictions, and

requirements applicable to seasonal

and/or area closures, including but not

limited to: Prohibition of all fishing,

gear restrictions, restrictions on take or

retention of fish, fish release

requirements, and restrictions on use of

an anchor or grapple, as specified in §§

622.33, 622.34, 622.35, 622.49, or as

may be specified under § 622.46(b) or

(c).

* * * * *

5. Section 622.49 is added to subpart

C to read as follows:

§ 622.49 Activities prohibited in the EEZ

surrounding Navassa Island.

In the EEZ within 15 nm seaward

from the baseline of Navassa Island,

fishing for any species of fish is

prohibited, and a fishing vessel may not

anchor, use an anchor and chain, or use

a grapple and chain. These prohibitions

do not apply to vessels or citizens of the

Republic of Haiti.

[FR Doc. 00–25479 Filed 10–3–00; 8:45 am]

BILLING CODE 3510–22–S