Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Proposed Rules 25663

case will the period exceed that of the

special event, or 15 days, whichever

occurs first.

(iv) A list from the person making the

request of one-by-one format call signs,

in order of preference.

(2) The first assignable call sign from

the list will be indicated on the request,

that call sign will be stamped

GRANTED, and a copy of the list

showing the call sign granted will be

returned to the person making the

request. The call sign will be selected

from those call signs assignable at the

time the request is processed by the

FCC.

5. Section 97.119(c) is revised to read

as follows:

§ 97.119 Station identification.

* * * * *

(c) One or more indicators may be

included with the call sign. Each

indicator must be separated from the

call sign by the slant mark (/) or by any

suitable word that denotes the slant

mark. If an indicator is self-assigned, it

must be included before, after, or both

before and after, the call sign. No selfassigned indicator may conflict with

any other indicator specified in this

section or with any prefix assigned to

another country.

* * * * *

6. Section 97.505 is amended by

redesignating paragraph (a)(10) as

paragraph (a)(11) and adding new

paragraph (a)(10) to read as follows:

§ 97.505 Element credit.

(a) * * *

(10) An expired FCC-issued amateur

operator license: The least elements

required for the operator license

formerly held. No examination credit

will be given if the operator license was

suspended for the remainder of the

license term, if the operator license was

surrendered to avoid enforcement

proceedings, or if the operator license

expired following revocation of the

associated station license. Examination

credit, however, will be given if the

suspension period of the operator

license was subsequently modified to

denote a lesser time period.

* * * * *

7. Section 97.509(a) is revised to read

as follows:

§ 97.509 Administering VE requirements.

(a) Each examination element for an

amateur operator license must be

administered by a least 3 administering

VEs at an examination session. There

must be VE session manager who is in

attendance during the entire session.

* * * * *

8. New § 97.515 is added to read as

follows:

§ 97.515 VE session manager

requirements.

(a) The VE session manager must be

accredited as a VE by the same VEC that

coordinates the examination session.

(b) Before each examination session,

the VE session manager must make a

public announcement stating the

location and the time of the session. The

number of examinees may be limited.

(c) The VE session manager is

responsible for supervising the activities

of the administering VEs and the

conduct of the examinees. The VE

Manager may serve concurrently as an

administering VE.

(d) The VE session manager must

maintain a log for the session. The log

must include the names of the

examinees, the names of the

administering VEs, and the examination

elements administered by each VE.

[FR Doc. 95–11761 Filed 5–11–95; 8:45 am]

BILLING CODE 6712–01–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 217, 222, and 227

[Docket No. 950427117–5118–02;

I.D.042095B]

RIN 0648–AH97

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: Proposed rule; request for

comments.

SUMMARY: NMFS proposes to adopt as

final the interim rule published

elsewhere in this issue which

establishes all inshore and offshore

waters from Cape Canaveral, FL

(28°24.6′ N. lat.) to the North CarolinaVirginia border (36°30.5′ N. lat.) as the

leatherback conservation zone and

provides for short-term closures of areas

in that zone when high abundance

levels of leatherback turtles are

documented. Upon such

documentation, NMFS would prohibit,

in the closed areas, fishing by any

shrimp trawler required to have a turtle

excluder device (TED) installed in each

net that is rigged for fishing, unless the

TED installed is specified in the

regulations as having an escape opening

large enough to exclude leatherback

turtles. This proposed rule is necessary

to reduce mortality of endangered

leatherback sea turtles incidentally

captured in shrimp trawls.

DATES: Comments on this rule must be

submitted by June 12, 1995.

ADDRESSES: Requests for a copy of the

environmental assessment (EA) or the

contingency plan, and comments on this

proposed rule should be addressed to

the Chief, Endangered Species Division,

Office of Protected Resources, NMFS,

1315 East-West Highway, Silver Spring,

MD 20910. Comments on the collectionof-information requirement subject to

the Paperwork Reduction Act (PRA)

should be directed to the Chief,

Endangered Species Division, Office of

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

20910, and to the Office of Information

and Regulatory Affairs, Office of

Management and Budget (OMB),

Washington, D.C. 20503, Attention:

Desk Officer for NOAA.

FOR FURTHER INFORMATION CONTACT:

Charles A. Oravetz, (813) 570–5312, or

Russell J. Bellmer, (301) 713–1401.

SUPPLEMENTARY INFORMATION:

Background

All sea turtles that occur in U.S.

waters are listed as either endangered or

threatened under the Endangered

Species Act (ESA) of 1973. 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 breeding populations of green

turtles in Florida and on the Pacific

coast of Mexico, which are listed as

endangered. The incidental take and

mortality of these species, as a result of

fishing activities, have been

documented in the Gulf of Mexico and

along the Atlantic seaboard.

Under the ESA and its implementing

regulations, it is prohibited to take sea

turtles. The incidental taking 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 227.72, which

include a requirement that shrimp

trawlers have a NMFS-approved TED

installed in each net rigged for fishing

throughout the year. The use of TEDs

significantly reduces mortalities of

loggerhead, green, Kemp’s ridley, and

hawksbill sea turtles. Because

leatherback turtles are larger than the
25664 Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Proposed Rules

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

an effective means of protecting

leatherback turtles.

As a result of their primarily pelagic

existence, leatherbacks normally occur

outside of areas where they would be

subject to taking by shrimp trawlers.

During most months of the year,

leatherbacks are not abundant in

shrimping areas, and only isolated

incidents of taking by trawlers occur.

However, the coastal waters of northern

Florida, Georgia, South Carolina, and

North Carolina experience relatively

high abundance levels of leatherbacks as

a periodic winter and spring

phenomenon. When leatherback

abundance is high and shrimp trawlers

are fishing, leatherback stranding pulses

have been documented on adjacent

beaches. A NMFS Biological Opinion

prepared for a revision to the sea turtle

conservation regulations, published in

the Federal Register on December 4,

1992, (57 FR 57348), specifically

addressed episodic stranding events

from Florida through North Carolina,

and required NMFS to develop and

implement a contingency plan to solve

this problem.

A contingency plan for protection of

leatherback turtles on the Atlantic

seaboard that can be implemented, if

necessary, was prepared in cooperation

with State officials from Florida,

Georgia, and South Carolina. The

necessity for implementation of

protective measures for leatherback

turtles is expected to be on an annual

basis but only for short periods of time

in relatively small, specific areas at any

one time. The plan considers several

options to provide protection, and any

or all of them may be implemented, if

necessary. These options include:

Closure of areas to all fishing, use of

restricted tow times in lieu of TEDs,

mandatory observers, and use of NMFSapproved TEDs with escape openings

large enough to exclude leatherback

turtles.

Aerial surveys have been conducted

for sea turtles off the Florida and

Georgia coasts since 1988 and off the

coast of South Carolina since 1993.

Beginning in December or January each

year, concentrations of leatherback

turtles occur in northeastern Florida

waters. During the month of March,

leatherbacks begin moving north and

usually enter Georgia waters in late

March or early April. Peak

concentrations occur in Georgia waters

during April and May and by mid-June

the concentrations have left Georgia.

Leatherback concentrations occur in

waters off South Carolina from late

April generally through the first part of

June.

Shrimping occurs year round in

northeastern Florida waters, but the

activity levels during any given month

may vary from year to year. Shrimp

fishing is closed in the State waters of

Georgia until June 1 of each year, but

shrimping begins in Federal waters off

Georgia generally in April or early May.

The State of South Carolina opens its

waters to shrimping between May 15

and June 30, depending upon the

presence of shrimp. Shrimping in

Federal waters off South Carolina

generally begins in early May. Based

upon leatherback turtle concentration

information and normal shrimp fishing

activities, the most likely period for

shrimp vessel interactions with

leatherbacks in the leatherback

conservation zone is January through

June each year.

Each spring for the last 2 years, NMFS

has issued temporary 30-day restrictions

establishing a leatherback conservation

zone (58 FR 28790, May 17, 1993; 59 FR

23169, May 5, 1994; 59 FR 29545, June

8, 1994). The only comment received in

response to those rules is addressed

below:

Comment: A mechanism for imposing

immediate, short-term gear

modifications, closures, and observer

requirements in areas of potential high

conflict between commercial fisheries

and endangered species should be

implemented on a systematic basis as

part of NMFS fisheries management and

protected species programs. A

permanent solution should be adopted.

Response: NMFS agrees. Accordingly,

NMFS is proposing the permanent

establishment of the leatherback

conservation zone and a procedure for

imposing short-term restrictions based

on specified criteria. However

elsewhere in this Federal Register

volume, an interim rule is being

promulgated to address the immediate

need to protect leatherbacks this season,

and will be superseded upon

promulgation of a final rule as a result

of comments received upon this rule.

Proposed Rule

This rule would establish a

framework whereby short-term closures

may be instituted on an expedited basis

in order to protect leatherbacks.

Specifically, the rule would establish all

inshore and offshore waters of the

Atlantic area from Cape Canaveral, FL

(28°24.6′ N lat.), to the North CarolinaVirginia border (36°30.5′ N lat.) as the

‘‘leatherback conservation zone.’’

During the months of January through

June, NMFS would conduct weekly

aerial surveys of the leatherback

conservation zone. If sightings of

leatherback turtles during such surveys

exceed 10 animals per 50 nautical miles

(nm) (92.6 km) of trackline, the survey

would be replicated within 24 hours, or

as soon as practicable thereafter, to

ensure that leatherback turtle presence

is persistent in the area. If surveys

demonstrate the continued presence of

large concentrations of leatherbacks,

NMFS would prohibit shrimp fishing in

these specific areas by any shrimp

trawler required to have a NMFSapproved TED installed in each net

rigged for fishing, unless the TED

installed is one of the NMFS-approved

TEDs described below. Those TEDs

have been determined to have escape

openings large enough to exclude

leatherbacks. In addition, owners and

operators of vessels operating in closed

areas with an allowed TED, as described

below, would be required to register

with the Director, Southeast Region,

NMFS (Regional Director) in accordance

with 50 CFR 227.72(e)(6)(iv) (A) through

(F). Upon written request by the

Regional Director, they would be

required to carry a NMFS-approved

observer aboard such vessel(s). A

shrimp trawler in the leatherback

conservation zone would be required to

comply with the terms and conditions

specified in such written request, as

well as provide information on trawling

hours, gear modifications and turtle

captures.

Notice of specific area closures would

be published in the Federal Register

and would be effective upon filing of

such notice for public inspection at the

Office of the Federal Register. Closures

would be announced immediately on

the NOAA weather channel, in

newspapers, and other media. Areas

with high leatherback abundance, as

documented by the aerial surveys,

would be closed for a period of 2 weeks.

A closed area would include all, or a

portion of, inshore and offshore waters

10 nm (18.5 km) seaward of the

COLREGS demarcation line, bounded

by 1° lat. coinciding with the trackline.

Shrimp trawlers in the leatherback

conservation zone would be responsible

for monitoring the NOAA weather

channel for closure announcements.

Shrimp trawlers may also call (813)

570–5312 for updated area closure

information.

NMFS-Approved TEDs With Escape

Openings Large Enough for

Leatherback Sea Turtles

NMFS has approved modifications to

the Taylor and the Morrison TEDs, as

well as a modification to the single-grid

hard TED, that will allow leatherback

turtles to escape the trawl. Descriptions
Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Proposed Rules 25665

of the Taylor and Morrison TED

modifications are found at 50 CFR

227.72(e)(4)(iii)(E), and the modified

single-grid hard TED is described at 50

CFR 227.72(e)(4)(i)(G)(2)(ii).

Classification

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

This proposed rule would establish a

registration program that contains a

collection-of-information requirement

subject to the PRA, namely, registration

by vessels fishing in the leatherback

conservation zone from Cape Canaveral,

FL, to the Virginia-North Carolina

border. This collection has been

approved by OMB under control

number 0648–0267. The public

reporting burden for this collection of

information is estimated to average 7

minutes per response, including the

time needed for reviewing instructions,

searching existing data sources,

gathering and maintaining the data

needed, and completing and reviewing

the collection of information. Comments

regarding this burden estimate or any

other aspect of this collection of

information, including suggestions for

reducing this burden, should be sent to

NMFS and OMB (see ADDRESSES).

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce certified to

the Chief Counsel for Advocacy of the

Small Business Administration that this

proposed rule would not have

significant economic impact on a

substantial number of small entities

because closures would occur for only

short periods of time in relatively small,

specific areas where leatherback

abundance is determined to be high,

while the rest of the leatherback

conservation zone would remain open.

Further, TEDs modified to allow the

escape of leatherbacks can be made at

minimal cost.

The Assistant Administrator for

Fisheries, NOAA,(AA) prepared an EA

for the interim rule published elsewhere

in this Federal Register volume and

concluded that, with specified

mitigation measures, that action will

have no significant impact on the

human environment. The AA has

determined that the EA prepared for the

interim rule is applicable to this

proposed rule.

The provisions of this proposed rule

will have already been in effect

pursuant to an interim rule issued by

NMFS elsewhere in this Federal

Register volume.

Dated: May 5, 1995

Gary Matlock,

Program Management Officer, National

Marine Fisheries Service.

For the reasons set out in the

preamble, the interim rule amending 50

CFR parts 217, 222, and 227, published

elsewhere in this issue, is proposed to

be adopted as final.

[FR Doc. 95–11580 Filed 5–9–95; 11:46 am]

BILLING CODE 3510–22–P

50 CFR Part 285

[Docket No. 950426116–5116–01; I.D.

040495D]

RIN 0648–AH76

Atlantic Tuna Fisheries; Quotas and

Permit Requirements

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; public hearings;

request for comments.

SUMMARY: NMFS proposes amendments

to the regulations governing the Atlantic

tuna fisheries to: Set Atlantic bluefin

tuna (ABT) fishing category quotas for

the 1995 fishing year; control fishing

effort in the ABT General category; limit

entry in the ABT Harpoon Boat

category; extend vessel and dealer

permitting and reporting requirements

to all Atlantic tunas fisheries; adjust

angler bag limits; establish transferable

vessel allocations and a total quota in

the purse seine fishery for yellowfin

tuna, and make technical changes to

facilitate enforcement and improve

management efficiency.

The proposed regulatory amendments

would address allocation issues in the

ABT General and Harpoon Boat

categories, and simplify rules applicable

to recreational fishing for tunas. The

permitting and reporting provisions

would enhance data collection and

enforcement of catch restrictions in the

Atlantic tuna fisheries and enable the

United States to collect fishery

information needed by the International

Commission for the Conservation of

Atlantic Tunas (ICCAT) to produce

stock assessments. These actions are

necessary to begin implementation of

the 1993 recommendation of ICCAT

regarding fishing effort on yellowfin

tuna, and to implement the 1994

recommendation of ICCAT regarding

fishing quotas for bluefin tuna, as

required by the Atlantic Tunas

Convention Act (ATCA). NMFS will

hold public hearings to receive

comments from fishery participants and

other members of the public regarding

these proposed amendments.

DATES: Comments are invited and must

be received by June 8, 1995. See

SUPPLEMENTARY INFORMATION for dates,

times, and locations of the public

hearings.

ADDRESSES: Comments on the proposed

rule should be sent to, and copies of

supporting documents, including a

Supplemental Draft Environmental

Impact Statement (SDEIS) and

Regulatory Impact Review/Initial

Regulatory Flexibility Analysis (RIR/

IRFA), are available from, Richard B.

Stone, Chief, Highly Migratory Species

Management Division, Office of

Fisheries Conservation and Management

(F/CM), NMFS, 1315 East-West

Highway, Silver Spring, MD 20910–

3282. Information copies of proposed

permit applications and reporting forms

may be obtained from NMFS at the

above address, NMFS, Northeast Region,

Fisheries Management Division, 1

Blackburn Drive, Gloucester, MA

01930–2298, or NMFS, Southeast

Region, Fisheries Management Division,

9721 Executive Center Drive, St.

Petersburg, FL 33702–2432. Comments

regarding the burden-hour estimate or

any other aspect of the collection-ofinformation requirements contained in

this rule should be sent to Richard B.

Stone and to the Office of Information

and Regulatory Affairs, Office of

Management and Budget, Washington,

DC 20503 (Attn: NOAA Desk Officer).

See SUPPLEMENTARY INFORMATION for the

public hearing locations.

FOR FURTHER INFORMATION CONTACT:

Christopher W. Rogers, 301–713–2347;

or Kevin B. Foster, 508–281–9260.

SUPPLEMENTARY INFORMATION: The

Atlantic tuna fisheries are managed

under regulations at 50 CFR part 285

issued under the authority of the ATCA.

The ATCA authorizes the Secretary of

Commerce (Secretary) to implement

regulations as may be necessary to carry

out the recommendations of ICCAT. The

authority to implement ICCAT

recommendations has been delegated

from the Secretary to the Assistant

Administrator for Fisheries, NOAA

(AA).

Purpose

Bluefin Tuna: Based on a revised

stock assessment, parties to the 1994

meeting of ICCAT adopted a

recommendation to increase the annual

quota of ABT in the western Atlantic

Ocean from 1,995 metric tons (mt) to

2,200 mt. The share allocated to the

United States was set at 1,311 mt with

the provision that unused quota from

1994 be carried over or overharvest be