[Federal Register Volume 66, Number 102 (Friday, May 25, 2001)]
[Rules and Regulations]
[Pages 28842-28846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13170]


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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.

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SUMMARY: 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).

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 East-West 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 <a href="/cdn-cgi/l/email-protection#743015021d105a3611061a1c150600341a1b15155a131b02"><span class="__cf_email__" data-cfemail="b5f1d4c3dcd19bf7d0c7dbddd4c7c1f5dbdad4d49bd2dac3">[email protected]</span></a>), Barbara A. Schroeder 
(ph. 301-713-1401, fax 301-713-0376, e-mail 
<a href="/cdn-cgi/l/email-protection#8bc9eaf9e9eaf9eaa5d8e8e3f9e4eeefeef9cbe5e4eaeaa5ece4fd"><span class="__cf_email__" data-cfemail="b7f5d6c5d5d6c5d699e4d4dfc5d8d2d3d2c5f7d9d8d6d699d0d8c1">[email protected]</span></a>), or Mary Colligan (ph. 978-281-9116, fax 
978-281-9394, e-mail <a href="/cdn-cgi/l/email-protection#4805293a316609660b272424212f29260826272929662f273e"><span class="__cf_email__" data-cfemail="5c113d2e25721d721f333030353b3d321c32333d3d723b332a">[email protected]</span></a>).

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

[[Page 28843]]

species in the die-off was inconsistent with a toxic algae bloom. 
Conditions that may cause turtles to become cold-stunned, 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 deg.C (68 deg.F) ashore along 
Ocracoke and Hatteras Islands, while coastal waters farther to the 
north were still cold (less than 14 deg.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 deg.C for short 
periods, but with warm water (greater than 20 deg.C) only 15 to 20 nm 
offshore, they likely would have remained in or near the 20 deg.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 deg. N. latitude (near the Virginia-Maryland border), west of 
75 deg. 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.

[[Page 28844]]

 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 tying-down 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. Large-mesh 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

[[Page 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

[[Page 28846]]

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


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