29922 Federal Register / Vol. 66, No. 107 / Monday, June 4, 2001 / Proposed Rules

DOJ/004,’’ as described in today’s notice

section of the Federal Register. The

exemptions are necessary to protect law

enforcement and investigatory

information and functions as described

in the proposed rule, and will be

applied only to the extent that

information in a record is subject to

exemption pursuant to 5 U.S.C. 552a(j)

and (k).

DATES: Submit any comments by July 5,

2001.

ADDRESSES: Address all comments to

Mary Cahill, Management and Planning

Staff, Justice Management Division,

Department of Justice, Washington, DC

20530 (1400 National Place Building).

FOR FURTHER INFORMATION CONTACT:

Mary Cahill, (202) 307–1823.

This order relates to individuals

rather than small business entities.

Nevertheless, pursuant to the

requirements of the Regulatory

Flexibility Act, 5 U.S.C. 601–612, this

order will not have a significant

economic impact on a substantial

number of small entities.

List of Subjects in Part 16

Administrative Practices and

Procedures, Courts, Freedom of

Information Act, Privacy Act, and

Government in Sunshine Act.

Dated: May 15, 2001.

Janis A. Sposato,

Acting Assistant Attorney General for

Administration.

Pursuant to the authority vested in the

Attorney General by 5 U.S.C. 552a and

delegated to me by Attorney General

Order No. 793–78, it is proposed to

amend 28 CFR part 16 as follows:

1. The authority for part 16 continues

to read as follows:

Authority: 5 U.S.C. 301, 552, 552a, 552b(g),

553; 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, 510,

534; 31 U.S.C. 3717, 9701.

2. Add to Subpart E § 16.130 to read

as follows:

§ 16.130 Exemption of Department of

Justice Systems: Correspondence

Management Systems for the Department of

Justice (DOJ–003); Freedom of Information

Act, Privacy Act and Mandatory

Declassification Review Requests and

Administrative Appeals for the Department

of Justice (DOJ–004).

(a) The following Department of

Justice systems of records are exempted

from subsections (c)(3) and (4); (d)(1),

(2), (3) and (4); (e)(1), (2), (3), (5) and (8);

and (g) of the Privacy Act pursuant to

5 U.S.C. 552a(j) and (k). These

exemptions apply only to the extent that

information in a record is subject to

exemption pursuant to 5 U.S.C. 552a(j)

and (k).

(1) Correspondence Management

Systems (CMS) for the Department of

Justice (DOJ), DOJ/003.

(2) Freedom of Information Act,

Privacy Act, and Mandatory

Declassification Review Requests and

Administrative Appeals for the

Department of Justice (DOJ), DOJ/004.

(b) These systems are exempted for

the reasons set forth from the following

subsections:

(1) Subsection (c)(3). To provide the

subject of a criminal, civil, or

counterintelligence matter or case under

investigation with an accounting of

disclosures of records concerning him

or her could inform that individual of

the existence, nature, or scope of that

investigation, and thereby seriously

impede law enforcement or

counterintelligence efforts by permitting

the record subject and other persons to

whom he might disclose the records to

avoid criminal penalties, civil remedies,

or counterintelligence measures.

(2) Subsection (c)(4). This subsection

is inapplicable to the extent that an

exemption is being claimed for

subsection (d).

(3) Subsection (d)(1). Disclosure of

investigatory information could

interfere with the investigation, reveal

the identity of confidential sources, and

result in an unwarranted invasion of the

privacy of others. Disclosure of

classified national security information

would cause damage to the national

security of the United States.

(4) Subsection (d)(2). Amendment of

the records would interfere with

ongoing criminal or civil law

enforcement proceedings and impose an

impossible administrative burden by

requiring investigations to be

continuously reinvestigated.

(5) Subsections (d)(3) and (4). These

subsections are inapplicable to the

extent exemption is claimed from (d)(1)

and (2).

(6) Subsection (e)(1). It is often

impossible to determine in advance if

investigatory records contained in this

system are accurate, relevant, timely

and complete, but, in the interests of

effective law enforcement and

counterintelligence, it is necessary to

retain this information to aid in

establishing patterns of activity and

provide investigative leads.

(7) Subsection (e)(2). To collect

information from the subject individual

could serve notice that he or she is the

subject of a criminal investigation and

thereby present a serious impediment to

such investigations.

(8) Subsection (e)(3). To inform

individuals as required by this

subsection could reveal the existence of

a criminal investigation and

compromise investigative efforts.

(9) Subsection (e)(5). It is often

impossible to determine in advance if

investigatory records contained in this

system are accurate, relevant, timely

and complete, but, in the interests of

effective law enforcement, it is

necessary to retain this information to

aid in establishing patterns of activity

and provide investigative leads.

(10) Subsection (e)(8). To serve notice

could give persons sufficient warning to

evade investigative efforts.

(11) Subsection (g). This subsection is

inapplicable to the extent that the

system is exempt from other specific

subsections of the Privacy Act.

[FR Doc. 01–13862 Filed 6–1–01; 8:45 am]

BILLING CODE 4410–FB–M

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 600

[I.D. 052301A]

Magnuson-Stevens Act Provisions;

General Provisions for Domestic

Fisheries; Application for Exempted

Fishing Permits (EFPs)

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notification of a proposal for

EFPs to conduct experimental fishing;

request for comments.

SUMMARY: The Administrator, Northeast

Region, NMFS (Regional Administrator)

has made a preliminary determination

that the subject exempted fishing permit

(EFP) application contains all the

required information and warrants

further consideration. The Regional

Administrator has also made a

preliminary determination that the

activities authorized under the EFP

would be consistent with the goals and

objectives of the Multispecies Fishery

Management Plan (Multispecies FMP).

However, further review and

consultation may be necessary before a

final determination is made to issue

EFPs. Therefore, NMFS announces that

the Regional Administrator proposes to

issue EFPs that would allow up to seven

vessels to conduct fishing operations

otherwise restricted by the regulations

governing the fisheries of the

Northeastern United States. EFPs would

allow for exemptions to gear restrictions

and to the Day-at-Sea (DAS)

Federal Register / Vol. 66, No. 107 / Monday, June 4, 2001 / Proposed Rules 29923

requirements of the Northeast

Multispecies Fishery Management Plan

(Multispecies FMP). The experiment

proposes to compare two experimental

trawl net configurations (diamond and

square codend mesh sizes, finfish

excluder devise (grate bar spacings) and

raised footrope trawl)) to selectively fish

for silver hake or whiting (Merluccius

bilinearis), while maintaining low levels

of regulated multispecies bycatch.

Regulations under the MagnusonStevens Fishery Conservation and

Management Act require publication of

this notification to provide interested

parties the opportunity to comment on

applications for proposed EFPs.

DATES: Comments on this document

must be received on or before June 19,

2001.

ADDRESSES: Written comments should

be sent to Patricia A. Kurkul, Regional

Administrator, NMFS, Northeast

Regional Office, 1 Blackburn Drive,

Gloucester, MA 01930. Mark the outside

of the envelope ‘‘Comments on EFP

Proposal.’’ Comments may also be sent

via facsimile (fax) to (978) 281–9135.

FOR FURTHER INFORMATION CONTACT:

Bonnie Van Pelt, Fishery Management

Specialist, 978–281–9244.

SUPPLEMENTARY INFORMATION: The Maine

Division of Marine Resources (MEDMR)

submitted an application for EFPs on

April 9, 2001, with final revisions

received on May 9, 2001. The EFPs

would facilitate the collection of data on

experimental gear performance for use

in addressing whiting conservation

issues (juvenile whiting bycatch) and

reductions in regulated multispecies

bycatch in the Gulf of Maine whiting

fishery (Maine whiting fishery). The

study also intends to present the

findings of the data from the experiment

to the New England Fishery

Management Council (NEFMC) for its

consideration when evaluating year four

default measures and long-term

management options for the whiting

resource.

The experiment would occur within a

portion of the Gulf of Maine/Georges

Bank Regulated Mesh Area (GOM/GB

RMA), well within the Northern Shrimp

Small Mesh Exemption Area;

specifically, the three 10-minute squares

north of 43°30′ latitude and between 69°

W. longitude and 70°30′ W. longitude.

The experimental fishing area would

exclude any seasonal or year-round

closures overlapping it in time or area

and would operate for three months,

beginning in early July through the end

of September 2001. Field testing of the

proposed gear modification through the

initial gear trials would take place for

approximately a month beginning in

July 2001, while the commercial gear

trials would begin in August 2001 and

extend through September 2001, to

allow for weather contingencies and to

capture seasonal variability in target

species distribution and abundance.

The experiment intends to build on

previous gear studies (i.e, a gear testing

component of the traditional Separator

Trawl Whiting Experimental Fishery)

that were conducted to test and assess

gear selectivity factors designed to

address bycatch issues in the Maine

whiting fishery. The main purpose of

the three-phase study is as follows: (1)

To obtain better video footage of the

gear and its interactions with fish and

habitat (singular and combined effects);

(2) to test 2-1/2-inch (6.35-cm) diamond

cod end mesh and 2-1/4-inch (5.72-cm)

square cod end mesh with 2-inch (50-

mm) grate bar spacings in combination

with 42-inch (106.68-cm) dropper

chains on a raised footrope trawl net

configuration, against control nets of 1-

3/4-inch (4.45-cm) codend mesh and

1.6-inch (40-mm) grate bar spacing; and

(3) sea trials of the most efficient gear

combinations under commercial fishing

conditions with members of industry

providing feedback on gear performance

(the focus being to develop the

industry’s acceptance of the gear for

general use in the whiting fishery).

Two vessels would participate in the

initial gear testing phase that proposes

to test the two experimental gear

combinations against a control trawl

net; while one combination may fish

more effectively for flatfish, the other

may exclude smaller silver hake. The

remaining five vessels would participate

in the final phase of the experiment to

ensure that the gear combinations

perform the same under commercial

conditions, as when tested against the

control trawl net. The sea trial phase

would also provide opportunities for

commercial fishers to gain familiarity

with the chosen gear’s selective

properties under normal fishing

operations. A component of the

experiment will video record the gear

performance under tow including gear

interactions with fish and habitat.

The entire field work will require 260

total hours of towing; initial gear trials

would entail 60 total hours trawling

activity (10 days paired towing with 6-

half hour tows per day for each of two

vessels), followed by 200 total hours of

towing during the commercial sea trials

phase (4 days each for 5 vessels towing

an average of 10 hours per day).

Projected whiting landings from

MEDMR sea sampling data during July

and August 1999, are estimated at upper

catch rates of between 15,800 lb and

26,400 lb of whiting per trip (based

upon an average catch per unit effort of

between 790 lb and 1,320 lb per trip).

Lower catch rates are estimated at 42 lb/

trip or 860 lb total catch for the 20 total

commercial gear trial trips. These catch

levels are well within the possession/

landing limits for vessels using small

mesh within the GOM/GB RMA. Thus,

the experimental gear trials are expected

to have very little incremental impact

on the whiting resource.

Participants may retain whiting and

Atlantic herring (Clupea harengus) for

commercial sale up to the applicable

landing limits during the initial testing

phase, while whiting, and to a lesser

extent, red hake (Urophycis chuss) and

Atlantic herring will be the target

species during the commercial sea trial

phase. MEDMR sea sampling data from

the September 1999 directed whiting

fishery indicate that the incidental catch

species (red hake and herring included)

comprise approximately 36% of the

total whiting catch (0.36 lb per pound

of whiting).

Historically, the Maine whiting

fishery, through its use of the separator

trawl (the control gear in this

experiment), has experienced low levels

of regulated species bycatch. However,

one of the objectives of the experiment

is to demonstrate that the proposed gear

combinations of separator grate, mesh

size and raised footrope trawl

configuration can selectively fish for

whiting, while avoiding impacts on

regulated finfish species. The applicant

notes that the proportion of bycatch to

the total catch (percent bycatch) may

exceed acceptable levels when target

species catch rates are low. Nonetheless,

the applicant expects that the average

bycatch levels will not exceed

acceptable thresholds.

Each commercial trial trip will have a

MEDMR sea sampler on board and the

catch will be measured according to

NMFS sea sampling methodology and

recorded on NMFS logbooks. Any sublegal sized fish would be processed by

the sea samplers (e.g., measured) and

returned immediately to the water.

The applicant plans to conduct public

outreach meetings to present the gear

research findings to the remainder of the

fleet that did not participate in the

experimental fishery. It is intended that

the results of this gear work will be the

basis for a request to the NEFMC for a

Maine whiting fishery within an

appropriate area and under certain gear

restrictions.

EFPs would exempt up to seven

vessels from the DAS requirements and

gear restrictions of the Multispecies

FMP found at 50 CFR part 648, subpart

F.

29924 Federal Register / Vol. 66, No. 107 / Monday, June 4, 2001 / Proposed Rules

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

Dated: May 29, 2001.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries,National Marine Fisheries Service.

[FR Doc. 01–13971 Filed 6–1–01; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[I.D. 052101C]

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Shallow

Water Reeffish Fishery of Puerto Rico

and the U.S. Virgin Islands; Essential

Fish Habitat Generic Amendment to

the Fishery Management Plans of the

U.S. Caribbean; Public Hearings and

Scoping Meetings

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public hearings and

scoping meetings; request for comments.

SUMMARY: The Caribbean Fishery

Management Council (Council) will

hold scoping meetings to obtain input

from fishers, the general public, and

government agencies prior to

developing a Supplemental

Environmental Impact Statement (SEIS)

for the Essential Fish Habitat (EFH)

Generic Amendment to the Fishery

Management Plans of the U.S. Caribbean

(EFH Generic Amendment). The

Council is also holding public hearings

on Amendment 3 to the Fishery

Management Plan for the Shallow Water

Reeffish Fishery of Puerto Rico and the

U.S. Virgin Islands (Amendment 3).

DATES: Written comments will be

accepted until June 27, 2001. Hearings

and meetings will be held during June.

For specific dates and times of the

hearings and scoping meetings see

SUPPLEMENTARY INFORMATION.

ADDRESSES: Written comments should

be sent to the Caribbean Fishery

Management Council, 268 Mun ̃ oz

Rivera Avenue, Suite 1108, San Juan, PR

00918-2577; telephone: 787-766-5926.

Copies of the Scoping Document for

developing the SEIS for the EFH Generic

Amendment can be obtained from the

Council at the same address. Hearings

and meetings will be held in the United

States Virgin Islands and Puerto Rico.

See SUPPLEMENTARY INFORMATION for

specific hearing and meeting locations.

FOR FURTHER INFORMATION CONTACT:

Caribbean Fishery Management Council,

268 Mun ̃oz Rivera Avenue, Suite 1108,

San Juan, PR 00918–2577; telephone:

787–766–5926.

SUPPLEMENTARY INFORMATION: The

Council published a notice of intent to

prepare an SEIS for the EFH Generic

Amendment (66 FR 15404, March 19,

2001) that provides further detail not

repeated here. The Council will hold

scoping meetings to obtain input from

fishers, the general public, and

Government agencies prior to

developing the SEIS for the EFH Generic

Amendment. The Council is seeking

public input on alternatives for the

designation of EFH and Habitat Areas of

Particular Concern (HAPCs) for the

fisheries and fishery resources under the

Council’s jurisdiction, and on

alternatives for minimizing, to the

extent practicable, the adverse effects of

fishing on EFH. The Council is also

seeking public input on the

environmental impacts associated with

such alternative EFH and HAPC

designations and with measures needed

to mitigate impacts related to both

fishing and non-fishing activities.

Alternatives that would be considered

in the SEIS include, at a minimum, no

action, the preferred alternative

identified in the EFH Generic

Amendment, and multiple alternatives

to the description and identification of

EFH and HAPCs for the managed

fisheries.

The Council will also be convening

public hearings on the proposed

measures included in Amendment 3.

These measures include modifying the

requirement for trap panels, establishing

fishing gear permits, prohibiting the use

of traps in the U.S. Caribbean Exclusive

Economic Zone (EEZ), and prohibiting

the use of nets in the U.S. Caribbean

EEZ.

Dates, Times, and Locations for the

Public Hearings and Scoping Meetings

The Council will be holding the EFH

Generic Amendment scoping meetings

and the Amendment 3 public hearings

at the same location, with the EFH

Generic Amendment scoping meeting

commencing first, followed by the

Amendment 3 public hearing at the

following locations, times, and dates:

1. June 12, 2001, EFH Generic

Amendment scoping meetings from 7

p.m. to 7:30 p.m., Amendment 3 Public

Hearings from 7:31 p.m. to 10 p.m.,

Legislature Building, Hilltop Building,

Cruz Bay, St. John, USVI;

2. June 13, 2001, EFH Generic

Amendment scoping meetings from 2

p.m. to 5 p.m., Amendment 3 public

hearings from 7 p.m. to 10 p.m.,

Windward Passage Holiday Inn,

Veterans Drive, Charlotte Amalie, St.

Thomas, USVI;

3. June 14, 2001, EFH Generic

Amendment scoping meeting from 2

p.m. to 5 p.m., Amendment 3 public

hearing from 7 p.m. to 10 p.m., Hotel on

the Cay, Christiansted, St. Croix, USVI;

4. June 18, 2001, EFH Generic

Amendment scoping meeting from 2

p.m. to 5 p.m., Amendment 3 public

hearing from 7 p.m. to 10 p.m., ‘‘Colegio

de Ingenieros,’’ Antolin Nin corner with

Ricardo Skerret St., Urb. Roosevelt, Hato

Rey, PR;

5. June 19, 2001, EFH Generic

Amendment scoping meeting from 2

p.m. to 5 p.m., Amendment 3 public

hearing from 7 p.m. to 10 p.m., Hotel

Villa Real, Rd. 2, Km. 67.2, Santana

Ward, Arecibo, PR;

6. June 20, 2001, EFH Generic

Amendment scoping meeting from 2

p.m. to 5 p.m., Amendment 3 public

hearing from 7 p.m. to 10 p.m.,

Mayaguez Holiday Inn Hotel, 2701, Rd.

2, Mayaguez, PR;

7. June 21, 2001, EFH Generic

Amendment scoping meeting from 2

p.m. to 5 p.m., Amendment 3 public

hearing from 7 p.m. to 10 p.m., Ponce

Holiday Inn Hotel, 3315 Ponce By Pass,

Ponce, PR;

8. June 25, 2001, EFH Generic

Amendment scoping meeting from 7

p.m. to 7:30 p.m., Amendment 3 public

hearing from 7:31 p.m. to 10 p.m.,

‘‘Centro de Usos Mu ́ltiples,’’ Culebra,

PR;

9. June 26, 2001, EFH Generic

Amendment scoping meeting from 7

p.m. to 7:30 p.m., Amendment 3 public

hearing from 7:31 p.m. to 10 p.m., ‘‘El

Faro’’, Vieques, PR; and

10. June 27, 2001, EFH Generic

Amendment scoping meeting from 2

p.m. to 5 p.m., Amendment 3 public

hearing from 7 p.m. to 10 p.m., ‘‘Parador

La Familia’’, Rd. 987, Km. 4.1, Fajardo,

PR.

Special Accommodations

These meetings are physically

accessible to people with disabilities.

For more information or request for sign

language interpretation and other

auxiliary aids, please contact Mr.

Miguel A. Rolo ́n (see ADDRESSES) at least

5 days prior to the meeting date.

Dated: May 29, 2001.

Bruce Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–13972 Filed 6–1–01; 8:45 am]

BILLING CODE 3510–22–S