28842 Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Rules and Regulations

contingent upon OMB approval. OMB

granted approval of the rules on May 4,

2001 under OMB control number 3060–

0975. Accordingly, these regulations

will become effective May 25, 2001.

This notice constitutes publication of

the effective date of the regulations.

3. This Public Notice is available for

inspection and copying during normal

business hours in the FCC Reference

Center, 445 Twelfth Street, SW.,

Washington, DC. The complete text may

be purchased from the Commission’s

copy contractor, International

Transcription Service, Inc., 1231 20th

Street, NW., Washington, DC 20036,

(202) 857–3800. This document is also

available via the internet at:

http://www.fee.gov/Bureaus/Wireless/

News_Releases/2001/index.html in

da01–1206.doc and da01–

1206.txtformats.

List of Subjects

47 CFR Part 1

Communications common carriers,

Telecommunications, Television.

47 CFR Part 68

Communications common carriers,

Communications equipment,

Telecommunications, Telephone.

Federal Communications Commission.

William F. Caton,

Deputy Secretary.

[FR Doc. 01–13178 Filed 5–24–01; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 222 and 223

[I.D. 040401B; Docket No. 010507114–1114–

01]

RIN 0648–AP20

Sea Turtle Conservation; Restrictions

to Fishing Activities

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Temporary rule; request for

comments.

SUMMARY: NMFS is establishing

conditions for the closure of the largemesh gillnet fishery for monkfish in the

mid-Atlantic to prevent unauthorized

takings of sea turtles listed as threatened

or endangered under the Endangered

Species Act (ESA).

DATES: This temporary rule is effective

from May 25, 2001, through June 30,

2001. Comments on this action are

requested, and must be received by no

later than 5 p.m., eastern daylight time,

on June 25, 2001.

ADDRESSES: Written 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:

David Bernhart (ph. 727–570–5312, fax

727–570–5517, e-mail

David.Bernhart@noaa.gov), Barbara A.

Schroeder (ph. 301–713–1401, fax 301–

713–0376, e-mail

Barbara.Schroeder@noaa.gov), or Mary

Colligan (ph. 978–281–9116, fax 978–

281–9394, e-mail

Mary.A.Colligan@noaa.gov).

SUPPLEMENTARY INFORMATION: NMFS is

establishing conditions for the closure

of the large-mesh gillnet fishery for

monkfish in the mid-Atlantic to prevent

unauthorized takings of sea turtles listed

as threatened or endangered under the

Endangered Species Act (ESA).

Specifically, NMFS placed fishery

observers aboard the vessels fishing for

monkfish in waters off North Carolina

beginning in late March 2001. NMFS

intends to continue to observe 100

percent of the vessels through May 2001

in waters off North Carolina and and off

Virginia in the months of May and June

2001, to monitor for sea turtle

interactions. Documented sea turtle

takes by Federal permit holders beyond

the levels specified in the incidental

take statement of the December 21,

1998, biological opinion for the

monkfish fishery are not authorized. If

the levels specified in the incidental

take statement (ITS) are met, NMFS will

immediately file a notification with the

Office of the Federal Register. As of the

effective date of such notification,

fishing with gillnets with a mesh size of

8 inches (20.32 cm) or greater, stretched,

will be prohibited for a 30-day period in

all offshore Atlantic waters between the

North Carolina/South Carolina border

and the line of latitude lying 60 nautical

miles (nm) north of the position of the

northernmost documented sea turtle

take. The closure will include all vessels

using large mesh gillnets targeting

monkfish. If necessary, the closure may

be extended for additional 30-day

periods through the publication of

additional notifications.

Background

All sea turtles that occur in U.S.

waters are listed as either endangered or

threatened under the Endangered

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

in Florida and on the Pacific coast of

Mexico, which are listed as endangered.

Under the ESA and its implementing

regulations, taking sea turtles--even

incidentally--is prohibited, with

exceptions identified in 50 CFR

223.206. The incidental take of

endangered species may only legally be

authorized by an ITS or an incidental

take permit issued pursuant to section 7

or 10 of the ESA. Existing sea turtle

conservation regulations specify

procedures that NMFS may use to

determine that incidental takings of sea

turtles during fishing activities are

unauthorized and to impose additional

restrictions to conserve listed sea turtles

to prevent unauthorized takings (50 CFR

223.206(d)(4)). Restrictions may be

effective for a period of up to 30 days

and may be renewed for additional

periods of up to 30 days each.

Spring 2000 Sea Turtle Mortality

The Sea Turtle Stranding and Salvage

Network documented a record-setting

level of sea turtle strandings in North

Carolina during the spring of 2000.

There were two stranding events

involving unprecedented numbers of

turtles, along the Outer Banks in Dare

and Hyde counties.

During the first stranding event, a

total of 71 turtles (69 loggerheads and 2

Kemp’s ridleys) washed ashore on the

ocean-facing beaches between Rodanthe

and Ocracoke from April 14 to17, 2000.

There were no externally obvious signs

of death on the turtles. Necropsies on 12

loggerheads and 2 Kemp’s ridleys

revealed that the turtles had excellent

fat stores and were probably in good

health prior to their deaths. A few of the

turtles had been feeding on nearshore,

benthic species, but most had empty

guts, suggesting that they were in a

migratory, rather than foraging, mode.

The uniform state of decomposition of

the turtles indicated that they had likely

all died suddenly within a short period

of time, probably no more than a few

days before stranding on the beach.

Large amounts of sargassum weed blew

ashore, coincident with the turtle

strandings, and considered indicative of

the movement of warm Gulf Stream

waters close to shore.

NMFS began investigating possible

causes of the sea turtle mortality event

immediately. The absence of other

Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Rules and Regulations 28843

species in the die-off was inconsistent

with a toxic algae bloom. Conditions

that may cause turtles to become coldstunned, such as rapid drops in

temperatures, did not occur and no

sightings of cold-stunned turtles were

reported to NMFS. There were no major

traumatic injuries such as might be

caused by dredging or blasting. None of

the 58 turtles scanned for hooks with a

magnetometer had ingested any fishing

hooks. NMFS, therefore, turned

attention to activities that could drown

large numbers of turtles, such as net

fishing. There was no trawl fishing

activity in the area at the time, and

gillnetting was reportedly light.

Monkfish gillnetting was initially

reported to be over in the area, but

NMFS subsequently learned that

gillnetters continued landing monkfish

in North Carolina through the end of

April. Large-mesh gillnets are known to

be highly effective at catching turtles

and in fact were the gear of choice

during the historical sea turtle fishery.

Sea turtles can drown in under an hour

of forced submergence.

Sea turtle migration patterns and the

oceanographic conditions around the

Outer Banks in the spring appeared to

have created a situation where large

numbers of turtles were at risk of

interacting with coastal fisheries.

Loggerhead and Kemp’s ridley turtles

are known to use summer foraging

grounds along the mid-Atlantic and

northeast seaboard. For many turtles,

their spring migrations to these feeding

grounds from wintering areas along the

southeastern U.S. or from warm offshore

waters will bring them near Cape

Hatteras. The warm Gulf Stream flows

southwest to northeast past Cape

Hatteras. The exact position of the Gulf

Stream in this area can be highly

variable week-to-week, and its position,

along with local winds and

counterclockwise warm-water currents

from the Gulf Stream can strongly affect

the coastal waters. In the spring of 2000,

the Gulf Stream was quite close to Cape

Hatteras: only 10 to 15 nm offshore. As

usual, the coastal water inshore of the

Gulf Stream had been strongly affected

by eddies off the Gulf Stream. Around

the time of this first stranding event,

warm eddies brought water up to 20°C

(68°F) ashore along Ocracoke and

Hatteras Islands, while coastal waters

farther to the north were still cold (less

than 14°C), deterring turtles from

proceeding northward up the coast.

Turtles may have moved inshore with

the warm eddy, becoming more

vulnerable to coastal fisheries and more

likely to strand. Onshore winds that

began on April 14 likely pushed the

carcasses ashore. Immediately after this

stranding event, cold water pushed in

from the north around Cape Hatteras,

replacing the warm eddy waters.

Warmer waters were only available to

sea turtles offshore. While cold water

prevailed along the coast, the strandings

were greatly diminished.

A second stranding event began on

May 3. From May 3-8, approximately

209 additional sea turtles (3 Kemp’s

ridleys, the rest loggerheads) were found

dead on ocean beaches between Oregon

Inlet and Hatteras Inlet. Virtually all

were severely decomposed, suggesting

that they had been dead at sea for at

least several days before stranding. The

numbers and the advanced

decomposition of these animals

precluded meaningful necropsies. Four

of the carcasses were entangled in

fishing gear: Three loggerheads carried

pieces of gillnet with a mesh size of 12

inches (30.48 cm) stretched, and one

loggerhead was carrying gillnet with a

mesh size of 10 inches (25.4 cm)

stretched.

Analysis of the oceanographic

conditions before the second stranding

event indicated that cold water lay

along the North Carolina coast all the

way to Cape Lookout through the end of

April. Sea turtles can tolerate water

temperatures down to about 10°C for

short periods, but with warm water

(greater than 20°C) only 15 to 20 nm

offshore, they likely would have

remained in or near the 20°C thermal

front. Satellite imagery showed a small

tongue of warm water curling back

towards the coast from the Gulf Stream,

about 15 nm east of Avon, on April 30.

This tongue of warm water slowly grew

and extended westward until it hit the

North Carolina coast between Avon and

Rodanthe on May 3, the day the turtle

carcasses began to wash ashore. Because

the satellite imagery shows a distinct

water mass moving in from offshore at

the exact place and time that the

strandings started, it appears that the

turtles also died offshore, perhaps as

much as a week before they stranded,

and were then brought ashore by that

water mass. Three fisheries were active

in offshore waters the week prior to the

strandings: Hook-and-line fishing for

mackerel, bluefish gillnetting, and

monkfish gillnetting. The mesh sizes of

the gear recovered with the stranded

turtles were only consistent with

gillnets for monkfish. Again, there was

no evidence that the turtles had been

hooked.

After examination of the strandings

on the Outer Banks, NMFS concluded

that unauthorized takes in large-mesh

gillnets targeting monkfish and possibly

dogfish contributed to these sea turtle

mortalities. Other possible causes were

not consistent with the nature of the

strandings. Satellite sea surface

temperature information allowed NMFS

to reconstruct the likely times and

locations of the sea turtle mortality.

Gillnetting for dogfish and monkfish

was occurring in those times and places.

These fisheries deploy thousands of

yards/meters of gillnets and have very

long soak times, ranging from overnight

to several days. A new Monkfish

Fishery Management Plan (FMP),

implemented in November, 1999,

includes measures to phase-out the

directed monkfish fishery in order to

rebuild the resource within 10 years.

The FMP includes: a permit

requirement that limits participation to

fishers that landed monkfish during a

qualification period that preceded the

North Carolina directed gillnet fishery;

limits on the number of days fishers can

land monkfish; and a restrictive trip

limit, effective May 1, 2000. This

restrictive limit may have encouraged

fishers to increase their effort in March

and April, 2000, in anticipation of the

imminent reduction in revenues.

Additionally, during that period, fishers

who applied for a limited access permit

but who were denied one because they

did not qualify, were still able to fish

while they appealed the denial of their

application.

Bluefish gillnetting was also active in

offshore waters at the time of the second

mortality event. The bluefish fishery,

however, uses smaller-mesh nets (5-1/2

inches/13.97 cm), much less net per

boat, and much shorter soak times (less

than an hour to several hours) than the

large-mesh gillnet fisheries. While

bluefish gillnets can catch and drown

turtles, these fishing characteristics

make bluefish gillnetting a smaller

threat to sea turtles.

In response to these stranding events,

on May 12, 2000, NMFS closed an area

along eastern North Carolina and

Virginia to fishing with large-mesh

gillnets with a stretched mesh size of 6

inches (15.24 cm) or greater for a 30-day

period through a temporary rule (65 FR

31500) under ESA authority using the

procedures at 50 CFR 223.206(d)(4). The

closed area included all Atlantic Ocean

waters between Cape Hatteras and 38°

N. latitude (near the Virginia-Maryland

border), west of 75° W. longitude, and

a specified part of Chesapeake Bay. The

monkfish gillnet fishery was thus

curtailed in this area while smaller

mesh gillnet fisheries for bluefish,

weakfish, croaker, and some dogfish

continued.

After the large mesh closure was in

effect, no additional mass stranding

events occurred in North Carolina.

28844 Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Rules and Regulations

However, the monkfish fishery in North

Carolina was over by the time the

closure went into effect. The North

Carolina monkfish fishery is typically

active from January through April. It is

likely that the closure did not have a

significant effect on monkfish fishing in

North Carolina, as the vessels had

already moved northward by the time

the closure was enacted.

The closure also reduced the

monkfish gillnetting effort off the coast

of Virginia and could have contributed

to a lower number of strandings along

Virginia’s ocean facing beaches.

Typically, strandings in Virginia are

higher on the ocean facing beaches

south of Cape Henry. However, a

significant number of strandings still

occurred in inshore Virginia waters in

2000, particularly inside the Chesapeake

Bay and along the western shores of the

Bay. Virginia strandings are typically

highest in late May and early June, and

over the past several years, stranding

reports have shown an increase in

strandings throughout Virginia.

Comparisons between May and June

strandings occurring along the Virginia

coast, particularly the Virginia Beach

oceanfront region, indicate that a large

reduction in strandings occurred

between 1999 and 2000 (Mansfield et

al., 2001). Due to the large-mesh gillnet

closure, as well as the new trip limits

imposed by the FMP on May 1, 2000,

there was also a reduction in fisheries

landings reported within this region. It

is probable that the reduction in 2000

offshore strandings along the Virginia

coast was at least in part attributable to

the large mesh gillnet closure.

Impacts on Sea Turtles

The number of dead loggerheads in

the two North Carolina stranding events

in 2000 is unprecedented. The 10-year

stranding average (1989–98) for the

entire state of North Carolina for

loggerheads is 219 per year; in contrast,

275 loggerheads stranded in just these

two events. Springtime strandings in

Dare and Hyde counties, North Carolina,

however, are not unusual. Historically,

there has been a small spike in turtle

strandings in Statistical Zone 35, which

generally corresponds to those two

counties, as the north-migrating turtles

encountered coastal fisheries. In recent

years, the number of stranded turtles,

particularly loggerheads, has grown.

NMFS believes increased fishing effort,

a shift of fishing effort later into the

season, fishing methods that are more

lethal to sea turtles, and, in 2000,

weather and oceanographic conditions

that caused sea turtles that were killed

offshore to wash onto the beach

contributed to this increase in

loggerhead strandings.

Strandings are a minimum indicator

of at-sea mortality as winds and currents

will carry many carcasses offshore. It

has been estimated that strandings

represent, at best, only approximately 7

to 13 percent of the at-sea nearshore

mortality (Epperly et al., 1996). The

turtle mortalities in the second spring

2000 stranding event likely occurred 10-

20 nm offshore and only reached shore

because a warm eddy broke off.

Continued loggerhead strandings at

rates observed in 2000 may pose a

serious threat to the species’ recovery,

especially as the strandings indicate

mortalities occurring at a critical point

in these turtles’ migration to their

summer foraging grounds. Most

loggerheads in U.S. waters come from

one of two genetically distinct nesting

populations. The population that nests

in south Florida is much larger and has

shown increases in nesting. The

northern population that nests from

northeast Florida through North

Carolina is much smaller, and its

nesting numbers are stable or declining.

Previous studies suggest that between

25 and 59 percent of the loggerhead sea

turtles found in foraging areas from the

northeastern U.S. to Georgia are from

the smaller, northern population

(TEWG, 2000; NMFS SEFSC, 2001).

Continued Threat to Sea Turtles

The environmental conditions that

produced the unprecedented levels of

sea turtle strandings in spring 2000 may

recur in spring 2001. April and May are

known to be the months of the year

when the highest density of sea turtles

occur along the coast of North Carolina

(Keinath et al., 1992), and turtles in this

area may be vulnerable to

entanglements in fishing gear, such as

large mesh gillnets.

Regulations under the new monkfish

FMP enacted on May 1, 2000, restrict

landings of monkfish from

approximately Cape Cod south to 996

pounds (452 kg) whole weight of

monkfish per day-at-sea fished.

The FMP is likely to reduce fishing

effort of North Carolina and Virginia.

Through March 27, 2001, only 7 vessels

were gillnetting for monkfish off of

North Carolina. During March of 2000,

21 gillnet vessels reported monkfish

landings in North Carolina. No change

in the usual methods and timing of the

fishery off the North Carolina coast is

anticipated. In any event, the amount of

effort in spring 2000 that preceded the

large sea turtle mortality events was also

rather low: Only 5 federally permitted

monkfish boats were fishing off North

Carolina in the second half of April,

2000, using about 3 miles (1.86 km) of

tied-down gillnets each with soak times

of 1 to 3 days. The practice of tyingdown nets makes them more effective at

snaring large monkfish but also makes

them much more effective at entangling

sea turtles.

The emergency restriction on large

mesh gillnets that was implemented on

May 12, 2000, may have temporarily

prevented the continuation of excessive

sea turtle mortality in waters off North

Carolina and Virginia. The restriction

came into effect too late, however, to

prevent sea turtle interactions with

monkfish gillnets off North Carolina that

contributed to the strandings of almost

300 sea turtles. Oceanographic

conditions and the timing of sea turtle

migrations may cause large numbers of

sea turtles to coincide again with

monkfish gillnet fisheries along the

coasts of North Carolina and Virginia

through June 2001. Although monkfish

gillnet effort will likely be reduced in

2001 compared to 2000, a small amount

of large mesh gillnet fishing effort

coupled with long soak times can result

in sea turtle mortality as suggested by

the 2000 mass stranding event in North

Carolina. To prevent the recurrence of

sea turtle takes this year, proactive

measures are being taken to reduce the

risk to turtles from the monkfish gillnet

fishery and should focus on large-mesh

gear that poses the greatest threat. Largemesh gillnet fisheries occurring along

the path where sea turtles migrate can

capture and kill large numbers of turtles

and possibly disrupt other turtles from

reaching important feeding areas.

Authorized Level of Incidental Take of

Sea Turtles

Some take of sea turtles incidental to

the monkfish fishery is authorized. The

monkfish fishery was analyzed in a

biological opinion signed on December

21, 1998, conducted on the FMP. That

biological opinion included an annual

incidental take authorization for the

entire Federal monkfish fishery of six

loggerhead turtles observed taken, with

no more than three dead and up to one

individual lethal or non-lethal Kemp’s

ridley, green, or leatherback sea turtle.

The FMP, which phases out the

directed monkfish fishery, was

supposed to be implemented May 1,

1999, but implementation was delayed

until November 8, 1999.

In early 1999, NMFS observers were

aboard two monkfish gillnet trips out of

North Carolina in March and

documented the capture of nine

loggerhead, six dead, and one dead

Kemp’s ridley. These observed takes

were unauthorized given that these

monkfish trips were not federally

Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Rules and Regulations 28845

permitted at that time. In 2000, the four

loggerhead carcasses carrying pieces of

large mesh gillnet attributable to the

monkfish fishery, also exceeded the

incidental take allowance of three dead

loggerheads. NMFS has reinitiated ESA

section seven consultation on the FMP

due to these sea turtle takes as well as

possible takes of right whales. A

biological opinion and revised ITS will

be issued in the late spring or early

summer of 2001.

To prevent the recurrence of

unauthorized sea turtle takes this

spring, NMFS has implemented an

extensive monitoring program to detect

sea turtle mortality in the monkfish

gillnet fishery early and to curtail

fishing quickly if the sea turtle takes

meet or exceed the levels in the 1998

ITS. Specifically, NMFS placed fishery

observers aboard vessels fishing for

monkfish in waters off North Carolina

beginning in late March and intends to

continue coverage through May 2001

and off Virginia in the months of May

and June 2001 to monitor for sea turtle

interactions. If documented (e.g.,

observed by an observer or other Federal

or state employee or agent or stranded

with clear evidence of monkfish gillnet

entanglement) sea turtle takes in the

monkfish gillnet fishery meet or exceed

the authorized level in the ITS, NMFS

will immediately close the area of

concern to fishing with large mesh

gillnets targeting monkfish. The closure

will include all vessels using large mesh

gillnets to target monkfish. Some of

these vessels are not Federally

permitted, and thus are not authorized

to take sea turtles as specified in 50 CFR

223.206. A closure of the large mesh

monkfish fishery will also apply to

these vessels.

Pursuant to 50 CFR 223.206(d)(4), the

exemption for incidental taking of sea

turtles in 50 CFR 223.206(d)(1) does not

authorize incidental takings during

fishing activities if the takings would

violate the restrictions, terms, or

conditions, of an incidental take

statement or biological opinion or if

takings may likely jeopardize the

continued existence of a species listed

under the ESA. Regulations at 50 CFR

223.206(d)(4) provide that the Assistant

Administrator for Fisheries, NOAA,

(AA) may issue a determination that

incidental takings in the course of

fishing activities are unauthorized, and

specify procedures that the AA may use

to impose additional restrictions to

conserve listed sea turtles and prevent

such takings. From time to time, the AA

has invoked these procedures in

response to exceeding incidental take

statements or other unauthorized sea

turtle mortalities. The process to

implement those restrictions generally

requires about 7 days before additional

restrictions become effective.

Occasionally, there are also difficulties

in notifying fishermen of the new

restrictions that further affect the

timeliness and effectiveness of the sea

turtle protective measures.

Because of the rapid occurrence of an

unprecedented number of sea turtle

mortalities last spring, NMFS is

concerned that reliance on the

publication of a temporary rule, with its

attendant time lag after the authorized

level of take is met or exceeded, may

result in a high level of illegal takings

in the monkfish gillnet fishery this

spring and a potentially serious impact

to sea turtles. Therefore, NMFS is

specifying, through this temporary rule,

the procedures that the AA will follow

in making determinations of

unauthorized takings and implementing

restrictions to fisheries. NMFS intends

to continue to monitor the incidental

take of sea turtles in the monkfish

gillnet fishery through May 2001 in

waters off North Carolina and in the

waters off Virginia in the months of May

and June 2001. The AA has determined

that, if and when documented

incidental takes of sea turtles meet or

exceed six individual loggerhead turtles,

total, or three dead loggerhead turtles or

one individual Kemp’s ridley,

leatherback, or green turtle, live or dead,

any subsequent takings of threatened or

endangered sea turtles by monkfish

gillnetters will be unauthorized. NMFS

will immediately file a notification with

the Office of the Federal Register if the

authorized take levels are met or

exceeded. On and after the effective date

of such notification, fishing with

gillnets with a mesh size of 8 inches

(20.32 cm) or greater, stretched, will be

prohibited for a 30-day period in all

offshore Atlantic waters between the

North Carolina/South Carolina border,

and the line of latitude lying 60 nm

north of the position of the

northernmost documented sea turtle

take. Because sea turtles will be

migrating northward from Cape

Hatteras, the closed area should include

all waters to the south of the sites of the

interactions as well as provide

protection for turtles as they continue to

migrate northward. The Federal

Register notification will explicitly state

the area affected by the closure. If

necessary, the closure may be extended

for additional 30-day periods through

the publication of additional

notifications. NMFS has reinitiated ESA

section 7 consultation on the monkfish

fishery. A new biological opinion and

ITS will be issued in late spring or early

summer of 2001. Upon completion of

the new biological opinion, the AA may

withdraw or modify this temporary rule,

as warranted.

The fishery affected by this temporary

rule is the monkfish gillnet fishery.

Fewer monkfish gillnetters are expected

to fish the North Carolina and Virginia

coasts this year because of the limited

access permit requirements in the FMP

that reduced the total number of

participants and the 996 lb (452 kg) trip

limit restriction in waters south of

approximately Cape Cod. In North

Carolina last year, 21 gillnet vessels

reported landings to NMFS from 91

monkfish trips in March, and 19 vessels

reported landings from 71 trips in April.

In March 2001, only seven boats (four of

which have federal limited access

monkfish permits) have been fishing for

monkfish in North Carolina, completing

24 trips through March 27. Based on

this, fishing effort in 2001 in terms of

boats and trips appears to be a third of

the 2000 levels in North Carolina. In

April, May, and June of 2000, monkfish

limited access vessels reported landings

to NMFS for 125 trips from Virginia

ports. A similar reduction in monkfish

gillnetting is anticipated in Virginia

during 2001.

The possible impact of this temporary

rule is difficult to assess because it is

uncertain whether and when additional

restrictions might be implemented. A

worst-case scenario would be the

closure of the monkfish gillnet fishery

in North Carolina and Virginia for the

entire months of May, and June 2001.

Assuming that the number of trips made

in 2000 (197 trips) for April through

June will occur in 2001, and that the

number of trips can be averaged across

these months, and given the trip limit

imposed on May 1, 2000 (996 lb (452 kg)

whole monkfish/trip), the maximum

landings that may be foregone would be

130,808 lb (59,333 kg), whole. Current

ex-vessel prices are around $0.75–1.25

per pound, so the potential lost revenue

from those sales could be around

$130,000. Current fishing effort,

however, is less than one-third of last

year’s level. The monkfish gillnet fleet

is also highly mobile, ranging from the

Gulf of Maine through the mid-Atlantic,

and fishermen would not be forced to

forego fishing opportunities as they

could still target monkfish farther to the

north, where sea turtle interactions are

much less likely in the springtime.

Consequently, NMFS believes that the

potential impact of this temporary rule

on monkfish gillnet fishermen would be

significantly less than this worst-case

scenario analysis. Finally, no additional

restrictions may be necessary if sea

turtle interactions are avoided. The

28846 Federal Register / Vol. 66, No. 102 / Friday, May 25, 2001 / Rules and Regulations

gillnet fishermen have significant

control over turtle catch rates by their

selection of fishing areas and other

fishing parameters (e.g., amount of net

and length of soak).

The specific details of any restrictions

implemented pursuant to the procedure

in this temporary rule will be

announced on the NOAA weather

channel, in newspapers, and other

media.

Additional Conservation Measures

The AA may withdraw or modify any

additional restriction on fishing

activities if the AA determines that such

action is warranted. The additional

restrictions in this temporary rule will

only become effective upon publication

of a subsequent notification in the

Federal Register. Notification of any

additional sea turtle conservation

measures, including any extensions of

any closure, will be published in the

Federal Register pursuant to 50 CFR

223.206(d)(4).

Classification

This action has been determined to be

not significant for purposes of Executive

Order 12866.

The AA has determined that this

action is necessary to provide adequate

protection for endangered and

threatened sea turtles, primarily the

loggerhead sea turtle, pursuant to the

ESA and other applicable law.

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 this action in a

timely manner to protect the listed sea

turtles. Notification of and opportunity

to comment on the procedures allowing

the implementation of temporary

measures to protect sea turtles was

provided through the proposed rule

which established these actions (57 FR

18446, April 30, 1992). For the same

reasons, the AA finds good cause also

under 5 U.S.C. 553(d)(3) not to delay the

effective date of this rule for 30 days.

NMFS is making this rule effective from

May 25, 2001, through June 30, 2001.

Any closures implemented pursuant to

this temporary rule will be effective

upon filing with the Office of the

Federal Register of a notification that

additional sea turtle takes in the

monkfish fishery are unauthorized. As

stated earlier, the specific details of any

restrictions implemented pursuant to

the procedure in this temporary rule

will be announced on the NOAA

weather channel, in newspapers, and

other media.

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 (57

FR 57348, December 4, 1992) requiring

turtle excluder device use in shrimp

trawls and creating the regulatory

framework for the issuance of

determinations of unauthorized takings

and additional restrictions such as this.

Copies of the EA and cited references

are available (see ADDRESSES).

Authority: 16 U.S.C. 1531.

Dated: May 18, 2001.

Clarence G. Pautzke,

Acting Assistant Administrator for Fisheries.

[FR Doc. 01–13170 Filed 5–24–01; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 600 and 648

[Docket No. 010220043–1132–02; I.D.

120400D]

RIN 0648–AN65

Foreign Fishing and Fisheries of the

Northeastern United States; Final 2001

Specifications for the Atlantic Herring

Fishery and Foreign Fishing

Restrictions

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final 2001 specifications for the

Atlantic herring fishery.

SUMMARY: NMFS issues final

specifications for the 2001 Atlantic

herring fishery. The intent of the

specifications is to conserve and manage

the herring resource and provide for

sustainable fisheries, and to comply

with the provisions in the Fishery

Management Plan for Atlantic Herring

(FMP), which require annual

specifications for the fishery.

DATES: Effective May 25, 2001 through

December 31, 2001.

ADDRESSES: Copies of supporting

documents, including the

Environmental Assessment, Regulatory

Impact Review, Final Regulatory

Flexibility Analysis (EA/RIR/FRFA),

and the Essential Fish Habitat

Assessment are available from Patricia

A. Kurkul, Regional Administrator,

Northeast Region, National Marine

Fisheries Service, One Blackburn Drive,

Gloucester, MA 01930–2298. The EA/

RIR/FRFA is accessible via the Internet

at http:/www.nero.gov/ro/doc/nr.htm.

FOR FURTHER INFORMATION CONTACT:

Myles Raizin, Fishery Policy Analyst,

(978) 281–9104, e-mail at

Myles.A.Raizin@noaa.gov, fax at (978)

281–9135.

SUPPLEMENTARY INFORMATION:

Regulations implementing the FMP

appear at 50 CFR part 648, subpart K.

Regulations governing foreign fishing

appear at 50 CFR part 600, subpart F.

The FMP requires the New England

Fishery Management Council’s (New

England Council’s) Atlantic Herring

Plan Development Team (PDT) to meet

at least annually, no later than July each

year, with the Atlantic States Marine

Fisheries Commission’s (Commission)

Atlantic Herring Plan Review Team

(PRT) to develop and recommend the

following specifications for

consideration by the New England

Council’s Atlantic Herring Oversight

Committee: Allowable biological catch

(ABC), optimum yield (OY), domestic

annual harvest (DAH), domestic annual

processing (DAP), total foreign

processing (JVPt), joint venture

processing (JVP), internal waters

processing (IWP), U.S. at-sea processing

(USAP), border transfer (BT), total

allowable level of foreign fishing

(TALFF), and reserve (if any). The PDT

and PRT also recommend the total

allowable catch (TAC) for each

management area and sub-area

identified in the FMP. A proposed rule

to implement the 2001 Atlantic herring

specifications was published in the

Federal Register on March 5, 2001 (66

FR 13279) with a comment period

ending April 4, 2001.

Final 2001 Specifications

The final 2001 specifications are

contained in the following table.

Changes from the 2000 specifications

include increases in OY, DAH, TALFF,

DAP, and the TAC reserve for Area 2.

The impacts of these changes on the

fishery were discussed in the preamble

of the proposed rule and are not

repeated here.