Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Rules and Regulations 25623

PART 222—ENDANGERED FISH OR

WILDLIFE

3. The authority citation for part 222

continues to read as follows:

Authority: 16 U.S.C. 1531–1543.

4. In subpart E, Incidental capture of

endangered species, § 222.42 is added to

read as follows:

§ 222.42 Special prohibitions relating to

leatherback sea turtles.

Special prohibitions relating to

leatherback sea turtles are provided at

§ 227.72(e)(2)(iv) of this chapter.

PART 227—THREATENED FISH AND

WILDLIFE

5. The authority citation for part 227

continues to read as follows:

Authority: 16 U.S.C. 1531 et seq.

6. In § 227.72, paragraph (e)(2)(iv) is

added to read as follows:

§ 227.72 Exceptions to prohibitions.

* * * * *

(e) * * *

(2) * * *

(iv) Gear requirement—leatherback

conservation zone—(A) Leatherback

surveys. From January 1 through June 30

of each year, weekly aerial surveys will

be conducted (contingent upon weather

conditions) by NMFS or state agents in

the leatherback conservation zone

(defined in § 217.12 of this chapter). If

sighting rates of greater than 10

leatherback turtles per 50 nautical miles

(92.6 km) of trackline are observed, the

aerial surveys of that area will be

replicated within 24 hours, or as soon

as practicable thereafter.

(B) TED requirements and

registration. If surveys pursuant to

(e)(2)(iv)(A) of this section indicate a

sighting rate within the leatherback

conservation zone of greater than 10

leatherback sea turtles per 50 nautical

miles (92.6 km) of trackline, NMFS will

close, for a 2-week period, an area of the

leatherback conservation zone

encompassing all, or a portion of,

inshore waters and offshore waters 10

nautical miles (18.5 km) seaward of the

COLREGS demarcation line, bounded

by 1° lat. coinciding with the trackline,

within the leatherback conservation

zone. Within such closed area, fishing

by any shrimp trawler required to have

a NMFS-approved TED installed in each

net rigged for fishing is prohibited,

unless the TED installed is one

described at paragraph (e)(4)(i)(G)(2)(ii)

or paragraph (e)(4)(iii)(E) of this section,

and the owner or operator of the shrimp

trawler has notified the Director,

Southeast Region, NMFS (Regional

Director) of his or her intention to fish

in that area, in accordance with the

procedure provided in paragraphs

(e)(6)(iv) (A) through (F) of this section.

If requested in writing from the Regional

Director, owners and operators of

shrimp trawlers in the leatherback

conservation zone must carry NMFSapproved observers aboard such

vessel(s). A shrimp trawler in the

leatherback conservation zone must

comply with the terms and conditions

specified in such written request, as

well as provide information on trawling

hours, gear modifications, and turtle

captures.

(C) Notification. NMFS will

immediately announce specific area

closures on the NOAA weather radio

channel, in newspapers, and other

media. Specific area closures will be

effective upon filing for public

inspection at the Office of the Federal

Register. Owners and operators of

shrimp trawl vessels in the leatherback

conservation zone are responsible for

monitoring the NOAA weather radio

channel for closure announcements.

Shrimp trawlers may also call the

Southeast Regional Office at (813) 570–

5312 to receive updated area closure

information.

* * * * *

[FR Doc. 95–11581 Filed 5–9–95; 11:46 am]

BILLING CODE 3510–22–P

50 CFR Part 672

[Docket No. 950206041–5041–01; I.D.

050895A]

Groundfish of the Gulf of Alaska;

Shallow-Water Fishery

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting directed

fishing for species that comprise the

shallow-water species fishery by vessels

using trawl gear in the Gulf of Alaska

(GOA), except directed fishing for

pollock by vessels using pelagic trawl

gear in those portions of the GOA that

remain open to directed fishing for

pollock. This action is necessary

because the second seasonal allowance

of Pacific halibut prohibited species

catch (PSC) trawl limit apportioned to

the shallow-water species complex in

the GOA has been caught.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), May 8, 1995, until 12 noon,

A.l.t., July 1, 1995.

FOR FURTHER INFORMATION CONTACT:

Andrew N. Smoker, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the GOA exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for Groundfish of the Gulf of

Alaska (FMP) prepared by the North

Pacific Fishery Management Council

under authority of the Magnuson

Fishery Conservation and Management

Act. Fishing by U.S. vessels is governed

by regulations implementing the FMP at

50 CFR parts 620 and 672.

In accordance with § 672.20(f)(3)(i),

the shallow-water species fishery,

which is defined at

§ 672.20(f)(1)(i)(B)(1), was apportioned

100 mt of Pacific halibut PSC for the

second season, the period April 1, 1995,

through 12 noon, A.l.t., July 1, 1995 (60

FR 8470, February 14, 1995).

The Director, Alaska Region, NMFS,

has determined, in accordance with

§ 672.20(f)(3)(i), that vessels

participating in the trawl shallow-water

species fishery in the GOA have caught

the second seasonal allowance of Pacific

halibut PSC apportioned to that fishery.

Therefore, NMFS is prohibiting directed

fishing for each species and species

group that comprise the shallow-water

species fishery by vessels using trawl

gear in the GOA, except directed fishing

for pollock by vessels using pelagic

trawl gear in those portions of the GOA

that remain open to directed fishing for

pollock. The species and species groups

that comprise the shallow-water species

fishery are: Pollock, Pacific cod,

shallow-water flatfish, flathead sole,

Atka mackerel, and ‘‘other species.’’

Classification

This action is taken under 50 CFR

672.20 and is exempt from review under

E.O. 12866.

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

Dated: May 8, 1995.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 95–11734 Filed 5–8–95; 5 pm]

BILLING CODE 3510–22–F