Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Rules and Regulations 22467

changes must be made prior to

conducting the next detonation.

§ 216.154 Prohibitions.

Notwithstanding takings authorized

by § 216.151(b) and by a Letter of

Authorization issued under § 216.106,

the following activities are prohibited:

(a) The taking of a marine mammal

that is other than unintentional.

(b) The violation of, or failure to

comply with, the terms, conditions, and

requirements of this part or a Letter of

Authorization issued under § 216.106.

(c) The incidental taking of any

marine mammal of a species not

specified in this subpart.

§ 216.155 Requirements for monitoring

and reporting.

(a) The holder of the Letter of

Authorization is required to cooperate

with the National Marine Fisheries

Service and any other Federal, state or

local agency monitoring the impacts of

the activity on marine mammals. The

holder must notify the appropriate

Regional Director at least 2 weeks prior

to activities involving the detonation of

explosives in order to satisfy paragraph

(f) of this section.

(b) The holder of the Letter of

Authorization must designate qualified

on-site individuals, as specified in the

Letter of Authorization, to record the

effects of explosives detonation on

marine mammals that inhabit the

Atlantic Ocean test area.

(c) The test area must be surveyed by

marine mammal biologists and other

trained individuals, and the marine

mammal populations monitored, 48-72

hours prior to a scheduled detonation,

on the day of detonation, and for a

period of time specified in the Letter of

Authorization after each detonation.

Monitoring shall include, but not

necessarily be limited to, aerial and

acoustic surveillance sufficient to

ensure that no marine mammals are

within the designated safety zone nor

are likely to enter the designated safety

zone prior to or at the time of

detonation.

(d) Under the direction of a certified

marine mammal veterinarian,

examination and recovery of any dead

or injured marine mammals will be

conducted. Necropsies will be

performed and tissue samples taken

from any dead animals. After

completion of the necropsy, animals not

retained for shoreside examination will

be tagged and returned to the sea. The

occurrence of live marine mammals will

also be documented.

(e) Activities related to the monitoring

described in paragraphs (c) and (d) of

this section, or in the Letter of

Authorization issued under § 216.106,

including the retention of marine

mammals, may be conducted without

the need for a separate scientific

research permit. The use of retained

marine mammals for scientific research

other than shoreside examination must

be authorized pursuant to subpart D of

this part.

(f) In coordination and compliance

with appropriate Navy regulations, at its

discretion, the National Marine

Fisheries Service may place an observer

on any ship or aircraft involved in

marine mammal reconnaissance, or

monitoring either prior to, during, or

after explosives detonation in order to

monitor the impact on marine

mammals.

(g) A final report must be submitted

to the Director, Office of Protected

Resources, no later than 120 days after

completion of shock testing the USS

WINSTON S. CHURCHILL. This report

must contain the following information:

(1) Date and time of all detonations

conducted under the Letter of

Authorization.

(2) A description of all pre-detonation

and post-detonation activities related to

mitigating and monitoring the effects of

explosives detonation on marine

mammal populations.

(3) Results of the monitoring program,

including numbers by species/stock of

any marine mammals noted injured or

killed as a result of the detonation and

numbers that may have been harassed

due to presence within the designated

safety zone.

(4) Results of coordination with

coastal marine mammal/sea turtle

stranding networks.

§ 216.156 Modifications to the Letter of

Authorization.

(a) In addition to complying with the

provisions of § 216.106, except as

provided in paragraph (b) of this

section, no substantive modification,

including withdrawal or suspension, to

the Letter of Authorization issued

pursuant to § 216.106 and subject to the

provisions of this subpart shall be made

until after notice and an opportunity for

public comment.

(b) If the Assistant Administrator

determines that an emergency exists

that poses a significant risk to the wellbeing of the species or stocks of marine

mammals specified in § 216.151(b), or

that significantly and detrimentally

alters the scheduling of explosives

detonation within the area specified in

§ 216.151(a), the Letter of Authorization

issued pursuant to § 216.106 may be

substantively modified without prior

notification and an opportunity for

public comment. Notification will be

published in the Federal Register

subsequent to the action.

[FR Doc. 01–11161 Filed 4–30–01; 3:38 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 600 and 660

[Docket No. 001226367–0367–01; I.D.

121500E]

Fisheries off West Coast States and in

the Western Pacific; Pacific Coast

Groundfish Fishery; Annual

Specifications and Management

Measures; Corrections; Trip Limit

Adjustments

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Trip limit adjustments;

correction to the 2001 specifications;

fishing restrictions for the Pacific Coast

groundfish fishery; request for

comments.

SUMMARY: NMFS announces changes in

the following trip limits for the Pacific

Coast groundfish fisheries north and

south of 40°10′ N. lat.: limited entry

trawl for flatfish north, limited entry

fixed gear and open access for minor

nearshore rockfish north, open access

for minor nearshore rockfish south, and

open access for yellowtail rockfish taken

with salmon troll gear. These actions,

which are authorized by the Pacific

Coast Groundfish Fishery Management

Plan (FMP) are intended to help the

fisheries achieve optimum yield (OY)

while protecting overfished and

depleted stocks. This document also

contains corrections relating to the

lingcod and boccacio OYs, which were

initially announced in the annual

specifications and management

measures that were published on

January 11, 2001.

DATES: Changes to management

measures are effective 0001 hours (local

time) May 1, 2001, unless modified,

superseded, or rescinded. These

changes are effective until the effective

date of the 2002 annual specifications

and management measures for the

Pacific Coast groundfish fishery, which

will be published in the Federal

Register. Comments on this rule will be

accepted through May 21, 2001.

ADDRESSES: Submit comments to Donna

Darm, Acting Administrator, Northwest

Region (Regional Administrator), NMFS,

7600 Sand Point Way N.E., Bldg. 1,

22468 Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Rules and Regulations

Seattle, WA 98115–0070; or Rebecca

Lent, Administrator, Southwest Region,

NMFS, 501 West Ocean Blvd., Suite

4200, Long Beach, CA 90802–4213.

FOR FURTHER INFORMATION CONTACT:

Yvonne deReynier or Becky Renko,

Northwest Region, NMFS, 206–526–

6140.

SUPPLEMENTARY INFORMATION: The

following changes to current

management measures were

recommended by the Pacific Fishery

Management Council (Council,) in

consultation with the States of

Washington, Oregon, and California, at

its April 2–6, 2001, meeting in

Sacramento, CA. Pacific Coast

groundfish landings will be monitored

throughout the year, and further

adjustments to the trip limits will be

made as necessary to stay within the

OYs and allocations announced in the

annual specifications and management

measures for the groundfish fishery,

published in the Federal Register at 66

FR 2338, (January 11, 2001), as amended

at 66 FR 10211, (February 14, 2001), and

at 66 FR 18409, (April 9, 2001).

Limited Entry Trawl Gear Limits for

Flatfish North of 40≥10′ N. Lat.

A preliminary examination of trawl

fleet tow locations from vessel logbook

data for May to October 2000 indicates

that the fleet has relocated arrowtooth

flounder and other flatfish trawl

activities away from areas of high

canary bycatch. Based on this

preliminary examination, the Council

recommended increasing previously

announced limits for flatfish other than

Dover sole. The per month limit for all

flatfish except Dover sole taken with a

small footrope trawl gear for the May to

October period was previously

announced as 30,000 lb (13,608 kg). For

the May to June period, the limit will be

increased to a 50,000-lb (22,680 kg) per

month limit for all flatfish except Dover

sole, of which no more than 15,000 lb

(6,804 kg) may be petrale sole and no

more than 10,000 (4,536 kg) may be

arrowtooth flounder. For the July to

October period, the per month limit for

all flatfish except Dover sole taken with

a small footrope trawl gear will be

30,000 lb (13,608 kg) as previously

announced.

With respect to the incidental catch of

canary rockfish, this limit change is

more conservative than the previously

announced limit that allowed up to

30,000 lb (13,608 kg) of petrale sole or

arrowtooth flounder to be landed. Trawl

vessels are more likely to encounter

canary rockfish when targeting petrale

sole and arrowtooth flounder than other

flatfish species. Lowering the limits for

petrale sole and arrowtooth flounder are

expected to reduce opportunities for

vessels to take canary rockfish.

The per trip limit for arrowtooth

flounder taken with large footrope trawl

gear during the January to April periods

has been at 20,000 lb (9,072 kg) and was

to be reduced to 5,000 lb (2,268 kg) for

the May to October period. To provide

additional opportunity to harvest

arrowtooth flounder and to encourage

the harvest of Dover sole on the slope

during the month of May, the large

footrope trawl allowance for arrowtooth

flounder will be set at 15,000 lb (6,804

kg) per trip for May. For the June to

October period, the arrowtooth flounder

limit will be reduced to 5,000 lb (2,268

kg) per trip as previously announced.

Limited Entry Fixed Gear and Open

Access Minor Nearshore Rockfish

North of 40≥10′ N. Lat.

During the 2000 fishery, more than 50

percent of the available commercial

allocations of northern minor nearshore

rockfish went unharvested. The limited

entry fleet took only 19 percent of its

minor nearshore rockfish allocation in

2000, while the open access fishery took

approximately 74 percent of its

allocation. The best available

information at the April Council

meeting indicated that limited entry

fisheries north of 40°10′ N. lat. had

landed 4.3 percent of the minor

nearshore rockfish available to the

fishery, and that open access fisheries

had landed 6.6 percent of their minor

nearshore rockfish allocation through

February 2001.

Most limited entry fixed gear vessels

tend to use open access vertical hookand-line gear to catch these species, but

when using open access gear, they are

constrained by the lower open access

limits. Operating under open access

limits has slowed the pace of harvest by

limited entry vessels. The current

limited entry fixed gear limit for minor

nearshore rockfish north is 10,000 lb

(4,536 kg) per 2-month period, no more

than 4,000 lb (1,814 kg) of which may

be species other than black or blue

rockfish. The current open access limit

for minor nearshore rockfish north is

3,000 lb (1,361 kg) per 2–month period,

no more than 900 lb (408 kg) of which

may be species other than black or blue

rockfish.

To provide greater access to the

allowable harvest levels, the Council

recommended applying similar limits to

both the limted entry fixed gear and

open access portions of the fishery. To

provide benefits to both segments of the

fishery, without adversely affecting

either group, and to reduce the risk of

an early open access closure, the

Council also recommended managing

the limited entry and open access

nearshore rockfish allocations

collectively in 2001. For the May to

December period, the limited entry

fixed gear limit for minor nearshore

rockfish north will be reduced to 7,000

lb (3,175 kg) per 2–month period, no

more than 4,000 lb (1,814 kg) of which

may be species other than black or blue

rockfish. The current open access limit

for minor nearshore rockfish north will

be increased to 7,000 lb (3,175 kg) per

2–month period, no more than 900 lb

(408 kg) of which may be species other

than black or blue rockfish. Maintaining

the current limits of species other that

black or blue rockfish is intended to

prevent excess harvest of species

commonly associated with the live-fish

fishery.

Open Access Fishery for Minor

Nearshore Rockfish South of 40≥10′ N.

Lat.

The best available information at the

April Council meeting indicated that

24.4 percent of the open access minor

nearshore rockfish allocation south of

40 o10′ N. lat. fishery had been taken

through February 2001. To slow the

pace of the fishery and to ensure an

open season in late fall when the

markets are most desirable, the Council

recommended reducing the cumulative

limits. The 2-month cumulative limit for

the fishery south of 34o 27′ N. lat. was

previously announced as 1,800 lb (816

kg) for the March to December period.

This limit will be reduced to 1,200 lb

(544 kg) per 2 months. The 2-month

cumulative limit for the fishery

occurring between 40°10′ N. lat. and 34o

27′ N. lat. was previously announced as

1,800 lb (816 kg) shoreward of the 20

fathom depth contour for the May to

June period. This limit will be reduced

to 1,200 lb (544 kg) per 2 months

shoreward of the 20 fathom depth

contour for the May to June period;

otherwise, this area is closed to

nearshore rockfish until July 1, 2001.

For the July to December period, the 2–

month cumulative limit for the fishery

occurring south of 40°10′ N. lat. will be

reduced from the previously announced

1,800 lb (816 kg) to 1,200 lb (544 kg).

Open Access for Yellowtail Rockfish

Taken With Salmon Troll Gear North of

40≥10′ N. Lat.

During the April Council meeting,

Washington State salmon troll fishers

requested that the Council consider

increased monthly limits for yellowtail

rockfish taken in the open access fishery

north of 40°10′ N. lat. by vessels fishing

for salmon with troll gear. Yellowtail

rockfish is believed to be at 63 percent

Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Rules and Regulations 22469

of its unfished biomass, and is therefore

considered to be a healthy stock.

Management measures aimed at

protecting canary rockfish, which are

often caught in association with

yellowtail rockfish, have reduced the

catch opportunity for yellowtail

rockfish. Therefore, a portion of the

yellowtail rockfish allocation is

expected to be unharvested during the

2001 fishing year, as was the case in

2000.

The open access 1–month cumulative

limit for yellowtail rockfish north is 100

lb (45 kg) for the January to December

period. Analysis of landings data from

1997 to 1999, when yellowtail rockfish

trip limits were higher, shows that an

average of 50–75 lb (22.08–35.02 kg) per

trip of yellowtail rockfish were landed

by salmon troll vessels. Although the

vast majority of deliveries contained no

yellowtail rockfish, many individual

trips contained more than 100 lb (45 kg).

Correlations between yellowtail and

canary rockfish were also examined,

and it was found that there was not a

particularly strong correlation between

the two species when taken with salmon

troll gear.

To allow the open access yellowtail

rockfish allocation to be fully utilized

while still protecting canary rockfish,

the Council recommended that a

monthly cumulative limit of 300 lb (136

kg) be established specifically for the

salmon troll fishery. If a vessel fishes

with more than one open access gear

type, then this limit cannot be added to

the general 100 lb (45 kg) per month

open access limit. The Council believes

that allowing existing yellowtail bycatch

taken with salmon troll gear to b+e

landed will not provide an additional

incentive for salmon trollers to target

yellowtail rockfish, thereby placing

canary rockfish at a greater risk.

To prevent individuals who do not

routinely catch much yellowtail

rockfish with salmon from making trips

to specifically target on yellowtail,

vessels would be restricted from landing

yellowtail (round weight) in amounts

greater than one half the weight of the

salmon (dressed weight) being landed.

Corrections to Lingcod and Boccacio

Specifications

The 2001 fishery specifications and

management measures for the Pacific

Coast groundfish FMP were published

in the Federal Register on January 11,

2001 (66 FR 2338). The specifications

contained errors in the assumed discard

rates for lingcod and boccacio that

require correction. At the November

2000 Council meeting, the open access

and limited entry landed catch targets

for lingcod and boccacio that were

presented to the Council did not include

the discard deductions. The Council

recommended that the oversight be

corrected. A 16–percent discard

adjustment will be made for boccacio

and a 20–percent discard adjustment

will be made for lingcod.

Corrections

In the annual specification and

management measures published in the

Federal Register at 66 FR 2338 (January

11, 2001), make the following

corrections:

1. On page 2343, Table 1a, in footnote

b/, the last sentence is corrected to read

as follows: ‘‘The assumed discard rate in

the limited entry fishery is 20 percent,

resulting in a limited entry landed catch

target of 163 mt. The open access landed

catch target remains at 48 mt.’’

2. On page 2345, Table 1a, in footnote

n/ the last sentence is corrected to read

as follows: ‘‘The assumed discard rate is

16 percent, resulting in a limited entry

landed catch target of 24 mt and an

open access landed catch target of 19

mt.’’

NMFS Actions

For the reasons stated here, NMFS

concurs with the Council’s

recommendations and announces the

following changes to the 2001 annual

management measures (66 FR 2338,

January 11, 2001, as amended at 66 FR

10211 February 14, 2001, and at 66 FR

18409 April 9, 2001) to read as follows:

1. In Section IV, under B. Limited

Entry Fishery Tables 3 and 4 are revised;

in Section IV, under C. Trip Limits in

the Open Access Fishery, Table 5 is

revised; and in Section IV, under C.

paragraph(5) is revised to read as

follows:

IV. NMFS Actions

B. Limited Entry Fishery

* * * * *

BILLING CODE 3510–22–S

22470 Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Rules and Regulations

Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Rules and Regulations 22471

* * * * *

22472 Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Rules and Regulations

C. Trip limits in the Open Access

Fishery

* * * * *

* * * * *

Federal Register / Vol. 66, No. 87 / Friday, May 4, 2001 / Rules and Regulations 22473

(5) Groundfish taken with troll gear by

vessels engaged in fishing for salmon

north of 40° 10′ N. lat.(a) The

cumulative limit for yellowtail rockfish

in the open access fishery is 100 lb (45

kg) per month. If a vessel has reached

its 100 lb (45 kg) yellowtail cumulative

limit, up to 200 lb (91 kg) per month of

additional yellowtail rockfish may be

taken and retained, possessed or landed,

providing the following conditions are

met: in any trip in which salmon troll

gear, as defined at 50 CFR 660.402, is

used to take and land yellowtail

rockfish and, no more than one lb (.45

kg) of yellowtail rockfish (round weight)

is landed for every two lbs (.91 kg) of

salmon landed (dressed weight).

Dressed weight for purposes of this

paragraph is the weight of salmon that

is recorded on the State fish ticket and

is salmon with the entrails removed,

from which the head and gills may or

may not have been removed.

(b) The trip limits in Table 5 apply to

all other groundfish taken with troll gear

by vessels fishing for salmon.

* * * * *

Classification

These actions are authorized by the

regulations implementing the FMP and

the annual specifications and

management measures published at 66

FR 2369 (January 11, 2001) and are

based on the most recent data available.

NMFS finds good cause to waive the

requirement to provide prior notice and

comment on this action pursuant to 5

U.S.C. 553(b)(B), because providing

prior notice and opportunity for

comment would be impracticable. It

would be impracticable because the

cumulative limit period begins on May

1, 2001, and affording additional notice

and opportunity for public comment

would impede the due and timely

execution of the agency’s function of

managing fisheries to achieve OY.

Increases to trip limits relieve burdens

on the public and decreases to trip

limits must be implemented in a timely

manner to stretch the season as long as

possible through the year. In addition,

the affected public had the opportunity

to comment on these actions at the April

2–6, 2001 Council meeting. This action

should be implemented before the

beginning of the cumulative trip limit

period to avoid confusion and to

provide fishers the opportunity to

achieve the trip limits. For these

reasons, good cause also exists to waive

the 30-day delay in effectiveness under

5 U.S.C. 553(d)(3).

These actions are taken under the

authority of 50 CFR 660.323(b)(1), and

are exempt from review under Executive

Order 12866.

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

Dated: April 30, 2001.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–11297 Filed 5–1–01; 4:48 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 010319071–1103–02; I.D.

030101H]

RIN 0648–AN71

Fisheries of the Northeastern United

States; Spiny Dogfish Fishery; 2001

Specifications

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; final specifications.

SUMMARY: NMFS issues final

specifications for the 2001 spiny dogfish

fishery (May 1, 2001, through April 30,

2002). This final rule establishes a

commercial quota and possession limits

for the 2001 fishing year to address

overfishing of the spiny dogfish

resource. In addition, the current trip

limits are modified to be possession

limits, specified as the maximum

amount allowed to be landed within any

one 24-hour period (per-calendar-day

possession limit). The intent of this

action is to comply with implementing

regulations for the Fishery Management

Plan for the Spiny Dogfish Fishery

(FMP), which require NMFS to impose

measures for each upcoming fishing

year that will prevent overfishing of this

fishery.

DATES: The 2001 annual commercial

quota is effective from May 1, 2001, to

April 30, 2002. The amendments to

§§ 648.14(aa)(7), 648.230(d)(1),

648.235(a), and 648.235(b) are effective

May 1, 2001.

ADDRESSES: Copies of supporting

documents used by the Spiny Dogfish

Monitoring Committee (Monitoring

Committee), the Regulatory Impact

Review (RIR), the Final Regulatory

Flexibility Analysis (FRFA) contained

within the RIR, and the Environmental

Assessment (EA) are available from the

Northeast Regional Office, National

Marine Fisheries Service, One

Blackburn Drive, Gloucester, MA

01930–2298. The EA/RIR/FRFA is also

accessible via the Internet at http:/

www.nero.gov/ro/doc/nr.htm.

FOR FURTHER INFORMATION CONTACT:

Richard A. Pearson, Fishery Policy

Analyst, (978)281–9279, fax (978)281–

9135, e-mail rick.a.pearson@noaa.gov.

SUPPLEMENTARY INFORMATION: A

proposed rule for this action was

published in the Federal Register on

March 30, 2001, (66 FR 17391). The

comment period closed on April 14,

2001.

Background

The FMP was developed jointly by

the Mid-Atlantic Fishery Management

Council (MAFMC) and the New England

Fishery Management Council (NEFMC)

(Councils). The implementing

regulations for the FMP are found at 50

CFR part 648, subpart L.

Pursuant to 50 CFR 648.230, the

Administrator, Northeast Region, NMFS

(Regional Administrator), imposes

measures for each fishing year designed

to ensure that the target fishing

mortality rate (F) for the fishing year, as

specified in the FMP, is not exceeded.

The target F for fishing year 2001 and

the management measures (i.e., semiannual commercial quota and

possession limits) for that year are

summarized here. Detailed background

information regarding the development

of the specifications for the 2001 spiny

dogfish fishing year was provided in the

preamble to the proposed specifications

(66 FR 17391, March 30, 2001) and is

not repeated here.

Annual Commercial Quota

The FMP specifies a target F of 0.03

for 2001, to be attained through a

commercial quota and possibly other

management measures. This final rule

establishes a 2001 fishing year

commercial quota of 4 million lb (1.81

million kg), allocated on a semi-annual

basis as follows: Quota Period 1 (May 1-

October 31) is allocated 57.9 percent of

the 4-million lb (1.81-million kg) quota,

or 2,316,000 lb (1,050,512 kg); Quota

Period 2 (November 1-April 30) is

allocated 42.1 percent of the 4-million

lb (1.81-million kg) quota, or 1,684,000

lb (763,849 kg). This commercial quota

was recommended by the Spiny Dogfish

Monitoring Committee (Monitoring

Committee) to achieve the target F of

0.03, as required in the FMP for the

2001 fishing year. Although the

Monitoring Committee and the Councils

also recommended that an additional

500,000 lb (226,796 kg) be allocated for

experimental fishing projects, the FMP

and its implementing regulations do not

contain a provision to allow for the

allocation of such a set-aside quota for