[Federal Register Volume 62, Number 65 (Friday, April 4, 1997)]
[Rules and Regulations]
[Pages 16108-16112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8727]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 960730211-7066-03; I.D. No. 031797D]


North Atlantic Right Whale Protection; Emergency Regulations

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Emergency interim rule.

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SUMMARY: This emergency interim rule implements restrictions on use of 
lobster pot gear in the Cape Cod Bay right whale critical habitat from 
April 1, 1997, through May 15, 1997. It also prohibits lobster pot 
fishing in the Great South Channel right whale critical habitat area 
from April 1, 1997, through June 30, 1997, until gear modifications or 
alternative fishing practices that minimize the risk of entanglement or 
reduce the likelihood that entanglement will result in serious injury 
or mortality are developed and approved.

EFFECTIVE DATE: This rule is effective from April 1, 1997, through June 
30, 1997.

ADDRESSES: Copies of the Environmental Assessment analyzing this action 
may be obtained from the Chief, Marine Mammal Division, Office of 
Protected Resources (FPR), NMFS, 1315 East West Highway, Silver Spring, 
MD 20910.

FOR FURTHER INFORMATION CONTACT: Michael Payne, NMFS/Marine Mammal 
Division/Office of Protected Resources, 301-713-2322; or Kimberly 
Thounhurst, NMFS/Northeast Regional Office/Protected Species Program, 
508-281-9138.

SUPPLEMENTARY INFORMATION:

Need for Emergency Action

    With a minimum population estimate of 295 animals, the northern 
right whale is the most severely depleted large whale species in the 
Atlantic Ocean. Approximately 37 entanglements of right whales in 
fishing gear, including fixed and drift gillnets, lobster pot gear, 
fish traps, weirs, and unidentified gear have been reported. Nine of 
the above entanglements, eight of which resulted in serious injury or 
mortality, were attributed to gear identified as lobster gear. The 
working definition of serious injury used by the Northeast Region is 
provided in the 1997 List of Fisheries (62 FR 33, January 2, 1997). 
Pursuant to Section 118(g)(1)(B) of the Marine Mammal Protection Act 
(MMPA), if the Secretary of Commerce (Secretary) finds that the 
incidental mortality and serious injury of a marine mammal stock is 
having, or is likely to have, an immediate and significant adverse 
impact on that stock or species, and in the case where a take reduction 
plan (TRP) is being developed, the Secretary shall prescribe emergency 
regulations to reduce such incidental mortality and serious injury in 
that fishery and approve and implement, on an expedited basis, such 
plan, which shall provide methods to address such adverse impact if 
still necessary.
    In the case of the northern right whale, NMFS has determined, 
through consultation under the Endangered Species Act (ESA), that the 
continued existence of the species may be jeopardized by the use of 
lobster pot gear during the annual high use periods in both the Federal 
portion of the Cape Cod Bay critical habitat (January 1, 1997, through 
May 15) and in the Great South Channel critical habitat area (April 1 
through June 30). The consultation concluded that the risk of jeopardy 
could be avoided by closing the Great South Channel critical habitat 
area during the period of peak whale abundance until gear modifications 
or alternative fishing practices have been developed which minimize the 
threat of entanglement or the possibility of serious injury or 
mortality due to entanglement. The biological opinion also recommended 
that NMFS work with the Commonwealth of Massachusetts to restrict or 
modify the lobster fishery in the Cape Cod Bay critical habitat. The 
conclusion of the biological opinion was based on the following 
factors: (1) In 20 of the past 27 years, the right whale population has 
incurred human-induced serious injury or mortality at a rate that 
continues to limit the species' ability to recover to its optimum 
sustainable population level, (2) the population remains at a 
critically low level and experienced an unusually high number of known 
mortalities in 1996, and (3) right whales have incurred serious injury 
and mortality incidental to the lobster pot fishery.
    Areas designated under the ESA as critical habitat areas for the 
northern right whale were chosen to encompass areas of concentration 
for the species (See 50 CFR 226.13). Although individual right whales 
may transit much of the eastern coast of North America, large numbers 
of whales are likely to remain in the critical habitat areas throughout 
the peak months. Peak months include January or February through May in 
Cape Cod Bay and April through June in the Great South Channel. 
Identifying high risk times and areas for right whales is somewhat 
problematic because, although the location for most recorded 
entanglement events is unknown, entanglements are known to have 
occurred either at the very end of the peak spring period or at other 
times of the year. An analysis of fishing effort data indicates that 
the critical habitat areas do not have significant fishing effort in 
the peak whale abundance months. Despite low fishing effort levels, 
NMFS assigns high risk to critical habitat areas during peak

[[Page 16109]]

whale abundance months. Even a small amount of fishing effort 
represents an entanglement risk when numbers of whales in the area are 
high. Protection for right whales in critical habitat areas during non-
peak months is expected to be addressed in the proposed rule for the 
Atlantic TRP, which is currently being developed.
    Pursuant to the 1994 amendments to the MMPA, NMFS established an 
Atlantic large whale take reduction team (TRT) to recommend measures to 
reduce the number of serious injuries and mortalities of right, 
humpback, finback, and minke whales in four East Coast fisheries. 
Although the TRT did not reach consensus on all issues it did submit a 
report to NMFS on February 4, 1997, that discusses measures to restrict 
the lobster fishery in critical habitat. Many of the measures were 
based on the NMFS biological opinion and on the Commonwealth of 
Massachusetts right whale conservation plan submitted to the Federal 
district court for the District of Massachusetts on December 16, 1996, 
pursuant to a court order in the case of Strahan v. Coxe. NMFS plans to 
publish the proposed rule for the TRP by April 1, 1997, and the final 
plan and implementing regulations by July 15, 1997.
    Although these dates represent an expedited schedule, the TRP will 
not be implemented in time to provide protection for right whales in 
the critical habitat area during high use periods in 1997. Due to the 
conclusion in the biological opinion issued under the ESA and the 
factors upon which that conclusion was based, NMFS has determined that 
the American lobster pot fishery has the potential to continue to take 
northern right whales and is therefore likely to have an immediate and 
significant adverse impact on the northern right whale population. 
Since the potential immediate and significant adverse impact cannot be 
addressed by the TRP until July 1997, NMFS is implementing fishing 
restrictions in critical habitat areas on an emergency basis. The 
measures contained in the emergency regulations are also being 
considered within the framework of the proposed rule for the entire 
Atlantic large whale TRP, which is currently being developed.

Rationale for Gear Restrictions and Closures

    The emergency measures are a set of initial measures addressing the 
immediate need to begin the process of reducing entanglement risk to 
northern right whales incidental to the lobster pot fishery. These 
measures include both gear restrictions and closures in portions of 
right whale critical habitat in Cape Cod Bay and the Great South 
Channel. Gear restrictions are required only in areas where serious 
entanglements are less likely to occur, and where it is more probable 
that, if an entanglement does occur, it will be observed. Restrictions 
on the use of all lobster pot gear are being required where serious 
entanglements are more likely to occur and where entanglements are less 
likely to be observed. For example, the Cape Cod Bay area is closer to 
shore than the Great South Channel, so entanglements are more likely to 
be observed and reported in Cape Cod Bay, and it is more likely that a 
successful disentanglement could be conducted in the Bay than in the 
Channel. Therefore, certain gear modifications are exempted in the 
Federal portion of the Cape Cod Bay critical habitat, but no 
modifications are approved for use in the Great South Channel at this 
time. The gear modifications exempted by this action for Cape Cod Bay 
are expected to substantially reduce the risk of entanglement, but NMFS 
recognized that the risk is not totally eliminated and that a serious 
injury or mortality in the exempted gear could occur. Therefore, this 
emergency action also includes a contingency measure, as described 
below, to close the Federal portion of the Cape Cod Bay critical 
habitat area in the event of a documented failure of the modified 
lobster pot gear.
    Behavior of right whales and information from actual entanglement 
records suggest that both vertical buoy lines and groundlines (line 
connecting pots in a lobster pot trawl) used in lobster pot gear 
represent entanglement risks and that either part of the gear might be 
the part initially encountered by the whale. Modifications to the 
current practices of rigging buoy lines are needed to reduce the number 
of vertical lines.
    Buoy lines are typically constructed of a section of sinking line 
near the surface, spliced or knotted to a longer section of floating 
line from there down to the anchor. Sinking line near the surface is 
preferred to decrease the chance that the line will be severed by 
propellers of vessels passing through an area. Floating line is less 
expensive than sinking line and has several additional benefits. For 
example, using floating line near the bottom can prevent the line from 
wrapping around the first pot and causing chafing problems with the pot 
and the bottom. The length of buoy line used can depend on water depth 
and tidal influence. In some areas the buoy line may be longer than 
twice the water depth. The tautness of the line is likely influenced by 
the tidal cycle and other currents. Therefore, the line may be slack 
during part of the current cycles in certain areas. It is believed that 
slack floating line represents a greater risk of entanglement than taut 
line, particularly if the line is laying on the surface. Right whales 
may be particularly susceptible to entanglement in lines laying at the 
surface because of the feeding behavior known as ``skim feeding'' 
during which whales move slowly forward through a patch of zooplankton, 
keeping the mouth slightly ajar for hours at a time. Right whales are 
also known to feed at depth; however, the behavior when feeding near 
the bottom or in the water column is poorly understood. A requirement 
that buoy line include only sinking line would decrease the potential 
for line to be slack at the surface or in the water column and thereby 
reduce the risk of entanglement represented by buoy lines.
    The lobster industry uses either sinking or floating groundline, 
depending on substrate and/or gear densities. Floating line is 
preferred in many areas to avoid snagging on rocky bottom or on other 
pots as well as to reduce chafing caused by contact with pots and with 
the bottom. The degree to which line floats between pots is unknown. 
Fishers maintain that the groundline is probably taut as the pot trawls 
are set. The tautness of the line is likely influenced by the tidal 
cycle and other currents, the length of the trawl, and the speed with 
which the trawl is set. If trawls are shifted by currents, groundlines 
may have a higher profile after the gear has been soaking through 
several tidal/current cycles. In addition, right whales are known to 
feed close enough to the bottom in certain areas that mud is still 
present on the heads after surfacing. Therefore, even a modest curve to 
the groundline could still represent an entanglement threat, 
particularly since the length of groundline between pots may be as long 
as the depth of the water column. The requirement of sinking groundline 
would reduce the potential for a high profile of the groundline and, 
therefore, reduce the entanglement threat represented by that part of 
the pot trawl.
    Cape Cod Bay: The Commonwealth of Massachusetts established an 
Endangered Whale Working Group (EWWG) and developed measures to protect 
right whales in the portion of Cape Cod Bay critical habitat area 
located in Commonwealth waters. The EWWG recommended several gear 
modifications to reduce the threat of right whale entanglement in 
lobster pot gear in the Cape Cod Bay critical

[[Page 16110]]

habitat, and these measures were also discussed by the TRT. 
Oceanographic conditions were also taken into account. The measures 
recommended by the EWWG for critical habitat during the January 1 
through May 15 period included prohibitions on floating buoy line and 
floating groundline, prohibition on use of single pots (i.e., a 
mandated use of multiple-pot trawls) to reduce the number of vertical 
lines, and an eventual requirement of a breakaway buoy or weak buoy 
line, when developed. NMFS has reviewed these measures and has 
determined that, in general, they represent a reasonable approach to 
reduce the risk that right whales will be seriously injured or sustain 
mortality as a result of entanglements in lobster gear. Consequently, 
NMFS is not duplicating those measures applicable to State waters in 
this emergency rule. However, there is a small portion of the Cape Cod 
Bay critical habitat area that is outside of Commonwealth waters. NMFS' 
emergency measures for the federal water portion of Cape Cod Bay 
critical habitat are largely based on the measures developed by 
Massachusetts. This rule requires the removal of all lobster pots from 
the waters of the Cape Cod Bay critical habitat area through May 15, 
1997, unless the gear is exempt. Exempt gear consists of trawls of two 
or more pots; trawls of less than four pots may use only one vertical 
line and trawls of four or more pots may use no more than two vertical 
lines. All buoy lines and groundlines must be sinking lines. NMFS 
believes these measures will reduce the risk of entanglement and/or 
serious injury or mortality due to entanglement in buoy lines and 
groundlines in this area.
    The TRT recommended the use of breakaway buoys or weak buoy lines 
to reduce the potential for a whale to become wrapped in the buoy line 
and sustain serious injury or mortality from either the buoy line 
itself or from dragging the whole lobster pot trawl. It is believed 
that these measures would be more effective at reducing the risk 
associated with buoy lines than the measures imposed by this emergency 
action. However, since breakaway buoys and weak buoy lines have not yet 
been developed, these measures cannot be required at this time. 
Therefore, despite the implementation of the measures required by this 
emergency action in Federal waters and by the Commonwealth of 
Massachusetts in its waters, some risk of serious injury or mortality 
due to entanglement in buoy lines remains. Thus, a provision is 
included in this emergency action that would allow the Assistant 
Administrator of Fisheries, NOAA (AA) to close, through notification in 
the Federal Register, the Cape Cod Bay critical habitat area, including 
both the Federal and Commonwealth portions, from January 1 through May 
15 if a right whale sustains serious injury or mortality that is 
conclusively attributed to lobster pot gear that is exempted by NMFS or 
allowed by the Commonwealth. The AA may reopen the area through 
notification in the Federal Register once alternative gear 
modifications or fishing practices are approved.
    Great South Channel: The Great South Channel critical habitat area, 
which is located entirely in federal waters, is further from shore than 
the Cape Cod Bay area. Therefore, entanglements are less likely to be 
observed, and successful disentanglement is less likely due to 
logistical constraints. In addition, differences in oceanographic 
conditions in the two regions may make a particular gear modification 
less effective in one area relative to the other. NMFS is currently 
working with the Commonwealth of Massachusetts to establish a gear 
modification advisory and technical review group. This group will be 
asked to consider oceanographic conditions in the Great South Channel 
in recommending gear modifications that might be effective and 
practicable in that area. Because the gear measures required by this 
rule for Cape Cod Bay have not been reviewed in the context of 
oceanographic conditions in the Great South Channel, NMFS believes that 
similar measures may not provide sufficient protection for right whales 
in that area. Consequently, NMFS is imposing a closure of the Great 
South Channel critical habitat area from April 1, 1997 through June 30, 
1997. However, this action includes a provision for exemptions to this 
closure once gear modifications or alternative fishing practices are 
developed and approved by the AA. Once a determination has been made 
that the gear modifications or alternative fishing practices provide 
adequate protection for right whales from the risk of entanglement and/
or serious injury or mortality due to entanglement, these gear 
modifications or alternative fishing practices will be approved through 
a notification action in the Federal Register.
    In consideration of the possibility that gear modifications may be 
approved by this season and gear with such modifications exempted from 
the closure at some point during the April through June period, this 
emergency action also contains a contingency similar to that for Cape 
Cod Bay that would allow the AA to again close the area through 
notification in the Federal Register if a right whale sustains serious 
injury or mortality that is conclusively attributed to lobster pot gear 
exempted by NMFS.

Classification

    In accordance with Section 118(g) of the MMPA, NMFS has determined 
that this rule is necessary to respond to the potential for immediate 
and significant adverse impact to the northern right whale population 
incidental to the prosecution of the American lobster pot fishery.
    The AA also finds for good cause that the reasons justifying 
implementation of this rule on an emergency basis make it impracticable 
and contrary to the public interest to provide additional notice and 
opportunity for public comment.
    Similarly, the AA is waiving the 30-day delay in the effective date 
otherwise required under 5 U.S.C. 553(d).
    Because notice and opportunity for comment is not required by 5 
U.S.C. 553 or by any other law, under 5 U.S.C. 603 and 604, preparation 
of a regulatory flexibility analysis is not required.

List of Subjects in 50 CFR Part 229

    Administrative practice and procedure, Confidential business 
information, Fisheries, Marine mammals, Reporting and recordkeeping 
requirements.

    Dated: April 1, 1997.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 229 is amended 
to read as follows:

PART 229--AUTHORIZATION FOR COMMERCIAL FISHERIES UNDER THE MARINE 
MAMMAL PROTECTION ACT OF 1972

    1. The authority citation for 50 CFR part 229 continues to read as 
follows:

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

    2. Effective from April 1, 1997, through June 30, 1997, in 
Sec. 229.2, the definitions for ``American lobster or lobster'', 
``Groundline'', ``Lobster pot trawl'', ``Pot'', and ``Sinking line'' 
are added in alphabetical order to read as follows:


Sec. 229.2  Definitions.

* * * * *
    American lobster or lobster means the species Homarus americanus.
* * * * *

[[Page 16111]]

    Groundline means the line connecting pots on a pot trawl.
* * * * *
    Lobster pot trawl means two or more lobster pots, all attached to a 
groundline.
* * * * *
    Pot means any trap, structure, or other device that is placed on 
the ocean bottom and is designed to catch or is capable of catching 
lobsters.
* * * * *
    Sinking line means line that will sink and will not float at any 
point in the water column.
* * * * *
    3. Effective from April 1, 1997, through June 30, 1997, in 
Sec. 229.3, paragraphs (g) and (h) are added to read as follows:


Sec. 229.3  Prohibitions.

* * * * *
    (g) It is prohibited to fail to remove all lobster pot gear from 
the water, or to use, set, haul back, or fish with, lobster pot gear in 
the Cape Cod Bay Critical Habitat Restricted Lobster Gear Area as 
specified in Sec. 229.30(a), unless such gear meets the requirements 
and conditions specified in Sec. 229.30(a)(3).
    (h) It is prohibited to fail to remove all lobster pot gear from 
the water, or to use, set, haul back, or fish with, lobster pot gear in 
the Great South Channel Critical Habitat Restricted Lobster Pot Gear 
Area as specified in Sec. 229.30(b), unless otherwise allowed under 
Sec. 229.30(b)(3).
    4. Effective from April 1, 1997, through June 30, 1997, a new 
Sec. 229.30 is added to Subpart C to read as follows:

Subpart C--Take Reduction Plan Regulations and Emergency 
Regulations


Sec. 229.30  Lobster pot restrictions to prevent right whale takes.

    (a) Cape Cod Bay Critical Habitat Area Lobster Pot Gear 
Restrictions--(1) General. From April 1, 1997, through May 15, 1997, 
all persons must remove all of their lobster pot gear from the water, 
and may not use, set, haul back, or fish with, lobster pot gear, with 
the exception of gear that is exempt under paragraph (a)(3) of this 
section, in the area specified in paragraph (a)(2) of this section.
    (2) Cape Cod Bay Critical Habitat Restricted Lobster Pot Gear Area. 
(i) The restrictions and requirements specified in paragraph (a)(1) of 
this section apply to the Cape Cod Bay Critical Habitat Restricted 
Lobster Gear Area (Copies of a chart depicting this area are available 
from the Regional Administrator upon request), which is the area 
bounded by straight lines connecting the following points in the order 
stated:

       Cape Cod Bay Critical Habitat Restricted Lobster Gear Area       
------------------------------------------------------------------------
              Point                    N. Latitude        W. Longitude  
------------------------------------------------------------------------
CCB1.............................  42 deg.12'N         70 deg.30'W,     
CCB2.............................  42 deg.12'N         70 deg.15'W,     
CCB3.............................  42 deg.08'N         70 deg.12.4'W,   
then westerly along the 3 nm                                            
 state boundary to                                                      
CCB4.............................  42 deg.08'N         70 deg.30'W,     
then due north to CCB1.                                                 
------------------------------------------------------------------------

    (3) Cape Cod Bay Critical Habitat Area Lobster Pot Gear Exemption 
Requirements. (i) Lobster pot gear that meets the following 
requirements and conditions is exempted from the restrictions specified 
in paragraph (a) of this section:
    (A) The gear is a lobster pot trawl.
    (B) No more than one vertical line is used if the lobster pot trawl 
consists of fewer than four lobster pots.
    (C) No more than two vertical lines are used if the lobster pot 
trawl consists of four or more lobster pots.
    (D) All groundlines and buoy lines consist of sinking line. 
Polypropylene line is not sinking line unless it contains a lead core.
    (ii) The Assistant Administrator may revise the requirements and 
conditions specified in paragraph (a)(3)(i) of this section or impose 
additional requirements and conditions and/or exempt specified 
alternative fishing practices by publishing the requirements, 
conditions, or alternatives in the Federal Register.
    (4) Additional measures for the protection of right whales. (i) If 
a serious injury or mortality of a northern right whale occurs in the 
Cape Cod Bay critical habitat area specified under 50 CFR 229.13(b) 
during the time specified in paragraph (a)(1) of this section, and is 
conclusively attributed to lobster pot gear exempt under paragraph 
(a)(3)(i) of this section or allowed by the Commonwealth of 
Massachusetts in Commonwealth waters, the area shall be closed for the 
period specified in paragraph (a)(1) of this section through 
notification in the Federal Register until such time as the Assistant 
Administrator revises the requirements and conditions specified in 
paragraph (a)(3)(i) of this section or imposes additional requirements 
and conditions, or exempts specified alternative fishing practices in 
accordance with paragraph (a)(3)(ii) of this section.
    (ii) If a serious injury or mortality of any endangered whale 
occurs in any area and at any time and is conclusively attributed to 
gear exempt under paragraph (a)(3)(i) or allowed by the Commonwealth of 
Massachusetts in Commonwealth waters, NMFS will reassess its exemption 
of the gear and may close the Cape Cod Bay critical habitat area to all 
lobster pot fishing through notification in the Federal Register until 
such time as the Assistant Administrator revises the requirements and 
conditions specified in paragraph (a)(3)(i) of this section or imposes 
additional requirements and conditions, or exempts specified 
alternative fishing practices in accordance with paragraph (a)(3)(ii) 
of this section.
    (b) Great South Channel Critical Habitat Area Lobster Pot Gear 
Restrictions--(1) General. From April 1, 1997 through June 30, 1997, 
all persons must remove all of their lobster pot gear from the water, 
and may not use, set, haul back, or fish with, lobster pot gear in the 
area specified in paragraph (b)(2) of this section, unless the 
Assistant Administrator exempts such gear under paragraph (b)(3) of 
this section.
    (2) Great South Channel Critical Habitat Area Restricted Lobster 
Pot Gear Area. The restrictions on use of lobster pot gear specified in 
paragraph (b)(1) of this section apply to the Great South Channel 
Critical Habitat (copies of a chart depicting this area are available 
from the Assistant Administrator upon request), which is the area 
bounded by straight lines connecting the following points in the order 
stated:

            Great South Channel Critical Habitat Closure Area           
------------------------------------------------------------------------
              Point                  N. Latitude         W. Longitude   
------------------------------------------------------------------------
GSC1............................  41 deg.00' N       69 deg.05' W,      
GSC2............................  41 deg.40' N       69 deg.45' W,      
GSC3............................  42 deg.10' N       68 deg.31' W, and  
GSC4............................  41 deg.38' N       68 deg.13' W.      
------------------------------------------------------------------------

    (3) Exemptions for Lobster pot gear or alternative fishing 
practices authorized by the Assistant Administrator. The Assistant 
Administrator may exempt lobster pot gear or specified fishing 
practices from the restrictions and requirements specified in paragraph 
(b)(1) of this section by publishing the requirements and conditions 
such gear must meet or the alternative fishing practices in the Federal 
Register.
    (4) Additional measures for the protection of right whales. (i) If 
a serious injury or mortality of a northern right whale occurs in the 
area and during the time specified in paragraphs (b)(1) and

[[Page 16112]]

(b)(2) of this section, and is conclusively attributed to lobster pot 
gear that has been exempted under paragraph (b)(3) of this section, the 
area in paragraph (b)(2) of this section shall be closed for the period 
specified in paragraph (b)(1) of this section through notification in 
the Federal Register until such time as the Assistant Administrator 
revises the requirements and conditions, or imposes additional 
requirements and conditions, or exempts specified alternative fishing 
practices in accordance with paragraph (b)(3) of this section.
    (ii) If a serious injury or mortality of any endangered whale 
occurs in any area and at any time and is conclusively attributed to 
gear which is exempt under paragraph (b)(3) of this section, NMFS will 
reassess its exemption of the gear and may close the area to all 
lobster pot fishing through notification in the Federal Register until 
such time as the Assistant Administrator revises the requirements and 
conditions, or imposes additional requirements and conditions, or 
exempts specified alternative fishing practices in accordance with 
paragraph (b)(3) of this section.

[FR Doc. 97-8727 Filed 4-1-97; 4:31 pm]
BILLING CODE 3510-22-P