Federal Register / Vol. 66, No. 121 / Friday, June 22, 2001 / Rules and Regulations 33489

the national government and the States,

or on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132, entitled

Federalism (64 FR 43255, August 10,

1999). Executive Order 13132 requires

EPA to develop an accountable process

to ensure ‘‘meaningful and timely input

by State and local officials in the

development of regulatory policies that

have federalism implications.’’ ‘‘Policies

that have federalism implications’’ is

defined in the Executive Order to

include regulations that have

‘‘substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government.’’ This final rule

directly regulates growers, food

processors, food handlers and food

retailers, not States. This action does not

alter the relationships or distribution of

power and responsibilities established

by Congress in the preemption

provisions of FFDCA section 408(n)(4).

For these same reasons, the Agency

has determined that this rule does not

have any ‘‘tribal implications’’ as

described in Executive Order 13175,

entitled Consultation and Coordination

with Indian Tribal Governments (65 FR

67249, November 6, 2000). Executive

Order 13175, requires EPA to develop

an accountable process to ensure

‘‘meaningful and timely input by tribal

officials in the development of

regulatory policies that have tribal

implications.’’ ‘‘Policies that have tribal

implications’’ is defined in the

Executive Order to include regulations

that have ‘‘substantial direct effects on

one or more Indian tribes, on the

relationship between the Federal

government and the Indian tribes, or on

the distribution of power and

responsibilities between the Federal

government and Indian tribes.’’ This

rule will not have substantial direct

effects on tribal governments, on the

relationship between the Federal

government and Indian tribes, or on the

distribution of power and

responsibilities between the Federal

government and Indian tribes, as

specified in Executive Order 13175.

Thus, Executive Order 13175 does not

apply to this rule.

V. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of this final

rule in the Federal Register. This final

rule is not a ‘‘major rule’’ as defined by

5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: June 11, 2001.

Peter Caulkins,

Acting Director, Registration Division, Office

of Pesticide Programs.

Therefore, 40 CFR chapter I is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 321(q), 346(a) and

371.

§ 180.482 [Amended]

2. In § 180.482, amend paragraph (b)

by revising the date ‘‘December 30,

2000’’ to read ‘‘June 30, 2003’’ for eggs;

grass, forage; grass, hay; peanuts;

peanut, hay; peanuts, meal; peanut, oil;

poultry, fat; poultry, meat; and poultry,

mbyp.’’

[FR Doc. 01–15621 Filed 6–21–01; 8:45 am]

BILLING CODE 6560–50–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 222 and 223

[Docket No.010618158–1158-01;

I.D.061301B]

RIN 0648–AP34

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 requiring all Virginia

permitted fishermen deploying pound

nets with leaders measuring 8 inches

(20.3 cm) or greater stretched mesh and

leaders with stringers to tie up such

leaders in the Virginia waters of the

mainstem Chesapeake Bay and

tributaries for a period of 30 days. This

action is necessary to protect threatened

and endangered sea turtles.

DATES: This action is effective from

11:59 p.m. local time June 19, 2001

through 11:59 p.m. local time July 19,

2001. Comments on this action are

requested, and must be received at the

appropriate address or fax number

(ADDRESSES) by no later than 5 p.m.,

eastern daylight time, on July 19, 2001..

ADDRESSES: Written comments on this

action or request for copies of the

literature cited or the Environmental

Assessment (EA) should be addressed to

the Assistant Regional Administrator for

Protected Resources, NMFS, One

Blackburn Drive, Gloucester, MA 01930.

Comments may also be sent via fax to

978–281–9394. Comments will not be

accepted if submitted via e-mail or the

Internet.

FOR FURTHER INFORMATION CONTACT:

Mary A. Colligan (ph. 978-281–9116, fax

978–281-9394), or Barbara A. Schroeder

(ph. 301–713–1401, fax 301–713–0376).

SUPPLEMENTARY INFORMATION:

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 incidental take

statement or an incidental take permit

issued pursuant to section 7 or 10 of the

ESA. No incidental take of sea turtles is

currently authorized in the Virginia

pound net fisheries. Existing NMFS

regulations specify procedures that

NMFS may use to determine that

unauthorized takings of sea turtles are

occurring during fishing activities, and

to impose additional restrictions to

conserve sea turtles and to prevent

unauthorized takings (50 CFR

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

effective for a period of up to 30 days

33490 Federal Register / Vol. 66, No. 121 / Friday, June 22, 2001 / Rules and Regulations

and may be renewed for additional

periods of up to 30 days each.

Existing information indicates that

pound nets with large mesh and stringer

leaders incidentally take sea turtles, and

based on the available information,

NMFS has determined that fishing with

this gear is the most likely cause of

significant increases in the stranding of

sea turtles in the Chesapeake Bay. This

action is necessary to protect threatened

and endangered turtles from further

unauthorized incidental take in state

water fisheries.

Recent Stranding Events

The Sea Turtle Stranding and Salvage

Network (STSSN) documented a high

level of sea turtle strandings in Virginia

inshore waters this spring. From May 19

to June 11, 2001, preliminary data

indicate 160 sea turtles washed ashore

dead in Virginia. The number of

stranded sea turtles began to increase

dramatically after May 29. On 3 separate

days in June, more than 20 turtle

strandings were reported for each day.

Loggerhead turtles comprised the

majority of the strandings (137), but 16

Kemp’s ridley, 1 green, and 6

unidentified sea turtles also stranded

during this time. Most of the stranded

turtles were juveniles.

Approximately 22 sea turtles were

also reported as floating dead around

the mouth of and in various parts of the

Chesapeake Bay during early June. It is

unknown whether these turtles

eventually washed ashore and were

recorded by the STSSN. Additionally,

aerial surveys conducted this spring in

offshore Virginia waters as well as in the

inshore Chesapeake Bay waters have

observed sea turtles. While these turtles

were alive when observed, their

presence indicates that turtles are

continuing to migrate into the

Chesapeake Bay and may be subject to

fishery interactions. Aerial surveys

conducted in May and June between the

Maryland and Virginia State line, from

the oceanside beaches out to the shelf

break, have documented hundreds of

live turtles throughout the survey area.

An additional 13 sea turtles were

observed on an aerial survey of the

southern portion of the Chesapeake Bay

on June 8.

For the majority of turtles that

stranded, there were no obvious

external signs of the cause of death. Two

of the turtles found on the eastern shore

of Virginia had large fish hooks

imbedded in them. Five turtles had

cracks/propeller-like wounds on their

carapaces, although it is impossible to

determine whether these wounds

occurred pre- or post-mortem. One

turtle found on the ocean side of the

eastern shore of Virginia had a large

hole in its neck, and another turtle

found on the bay side had three

puncture holes on three of its flippers.

The rate of decomposition varied, but

the majority of the stranded turtles were

moderately decomposed. Turtles

examined by necropsy were found to

have been in good health prior to their

death. Many of the turtles had full

stomachs, and contents included blue

crab, horseshoe crab, and some fish.

The majority of the strandings

(approximately 65 percent) occurred

along the Chesapeake Bay side of the

eastern shore of Virginia and along the

southern tip near Kiptopeke and

Fisherman’s Island. The wind during

much of the stranding event was

blowing toward the eastern shore and

could have contributed to the

concentration of strandings on the

eastern shore during the first few days

of June.

Analysis of Other Factors

The existing data indicate that the

most likely anthropogenic source of sea

turtle mortality in Virginia this year is

interactions with the pound net fishery.

There is a complex matrix of fisheries

operating in Virginia during the spring,

including large and small mesh gillnet

fisheries, whelk and crab pot fisheries,

and the pound net fishery. Due to

previous concern over fisheries in the

Chesapeake Bay and in the waters off

Virginia, NMFS observed a number of

the fisheries active in the area at the

time of the strandings. The federally

managed monkfish large mesh gillnet

fishery (approximately 10-12 inch mesh)

had near 100 percent observer coverage

in waters off Virginia from May 1 until

it stopped operating on May 29. As of

May 29, 82 monkfish trips were

observed in Virginia and two live and

one dead loggerhead turtle were

incidentally captured in this fishery. An

experimental blackfin monkfish fishery

with 100 percent observer coverage was

also occurring offshore Virginia during

the time of the strandings and one dead

loggerhead turtles was taken in 35

observed trips. Two 13-14 inch (33.0-

35.6 cm) mesh gillnet fisheries, the

black drum and sandbar shark gillnet

fisheries, occurred in state waters, in the

vicinity of the highest number of turtle

strandings (along the tip of the eastern

shore). However, during May and June,

both of these fisheries had good

alternative platform observer coverage

(approximately 75 trips observed in

both fisheries), and no turtle takes were

observed. Additionally, almost all of the

black drum fishing effort ceased at the

beginning of June, and there has not

been a large amount of sandbar shark

gillnet effort. No large mesh gillnet

fishing in the vicinity of the mouth of

the Chesapeake Bay occurs from June 1

to June 30, because during this time,

gillnets with a stretched mesh size

greater than 6 inches (15.2 cm) are

prohibited in Virginia’s portion of the

Chesapeake Bay south of Smith Island.

There has been only a limited amount

of small mesh gillnet effort occurring in

Virginia waters during May and June.

NMFS has observed 14 (seven in the

Chesapeake Bay and seven in the ocean)

small mesh gillnet trips for croaker and

spot in May, and 4 trips from June 1 to

June 10. No takes have been observed in

these small mesh gillnets. Aerial survey

flights conducted in the inshore waters

of the Chesapeake Bay also have not

documented a large amount of gillnet

fishing. No trawling occurs in the

Chesapeake Bay, as the Virginia Marine

Resources Commission (VMRC)

restricted the use of trawls in Virginia’s

portion of the Chesapeake Bay in 1989.

Aerial surveys, landings data, and dock

surveys indicate that limited trawling

occurs in Federal waters offshore of

Virginia during May and June.

While whelk and crab pots may

contribute to some sea turtle mortalities,

the nature of the recent 160 strandings

does not implicate pot gear. The

majority of the whelk pot effort is found

offshore, particularly outside Virginia’s

state waters, and few fishermen set their

pots inside the Chesapeake Bay

(Mansfield et al., 2001). The spring peak

months for the whelk pot fishery are

April and May. Crab pot fishing occurs

in the Chesapeake Bay, in the vicinity

of the eastern shore and tip of the

Delmarva Peninsula, but it is unlikely

that sea turtle interactions with crab

pots resulted in the high level of

strandings observed this year.

Pound nets are the only remaining

gear type in the Chesapeake Bay that

may have contributed to the high

stranding event. High mortalities in late

May and early June in Virginia have

previously been attributed to

entanglement in large mesh pound net

leaders in the Chesapeake Bay

(Bellmund et al. 1987; Musick et al.

1985). Pound nets with large (greater

than 10 inch (>25.4 cm)) mesh leaders

set where the currents are strong may

entangle turtles when they enter the

Chesapeake Bay. A 1986 study by the

Virginia Institute of Marine Science

(VIMS) found that entanglements in

pound net leaders began in mid-May,

increasing in early June, and reaching a

plateau in late June. Mortalities drop off

substantially by the end of June, and

turtles tracked using radio transmitters

were able to forage around the nets

Federal Register / Vol. 66, No. 121 / Friday, June 22, 2001 / Rules and Regulations 33491

without injury (Musick et al., 1985;

Byles, 1988).

Data collected in 1983 and 1984

found turtle entanglement in pound nets

with small mesh leaders to be

insignificant, but in 173 pound nets

examined with large mesh leaders, 0.2

turtles per net were found entangled (30

turtles; Musick et al., 1986). The 1986

VIMS study also found that in 38 nets

examined with stringer mesh, 0.7 turtles

per net were documented entangled (27

turtles). Pound net observations in

North Carolina during the early 1980s

also documented entanglements in

pound net leaders with 8-inch (20.3-cm)

mesh and greater.

Pound nets are set throughout the

Chesapeake Bay, with gear found in the

mainstem of the bay (e.g., Mobjack Bay)

and along the eastern shore of Virginia,

around the mouth of and in the York

River, and around the mouth of and in

the Rappahannock River. Pound nets are

the main fishing gear observed

immediately offshore of the Kiptopeke

area and along the southern portion of

the Virginia eastern shore, where most

of the 2001 strandings have occurred.

There are approximately 16 to 20 pound

nets along the southern portion of the

eastern shore, and approximately onethird of these nets use large mesh

leaders. Large mesh leaders are utilized

in this high flow area to prevent flotsam

from getting entangled in the leaders

and causing the net to be swept away,

which happens in locations with strong

tidal currents. In the southern area of

the eastern shore, large mesh leaders

(approximately 12 inch (30.5 cm) mesh)

are set in deep water (approximately 20

to 30 ft (6.1 to 9.1 m)), while small mesh

leaders (approximately 6 to 8 inch (15.2

to 20.3 cm) mesh) are set closer to shore

in up to 10 ft (3.0 m) of water. While

stringer leaders are not used along the

eastern shore, they are found in the

western bay, around the tip of Mobjack

Bay and just south of the mouth of the

Potomac River, near Reedville. While

fishing effort varies from spring to fall,

a survey conducted in the fall of 2000

found nine stringer leaders in the

western Chesapeake Bay (Mansfield et

al., 2001). Several sea turtle strandings

have occurred on the western shore of

the Chesapeake Bay during the spring of

2001, but strandings have not been

documented at the same magnitude as

along the eastern shore. As mentioned

previously, this may be a reflection of

prevailing winds rather than the

location of turtle mortalities. In any

event, stringer mesh leaders have been

found to pose a large entanglement

threat to sea turtles (Musick et al., 1986).

Several sea turtles have been

documented in pound net leaders this

spring. A NMFS observer found three

loggerhead turtles against two different

large mesh pound net leaders

(approximately 13 inch (33.0 cm)) off

Sunset Beach on the eastern shore in

early June. The two pound nets were set

in deep water (approximately 25 feet

(7.6 m)) and were the farthest out in the

water relative to the other nets in the

area. On June 14 off Sunset Beach, the

NMFS observer documented six

loggerheads and one Kemp’s ridley

stranded dead on the beach in the

vicinity of 19 pound nets. VMRC law

enforcement agents also documented

two dead and one live sea turtle in

pound net leaders along the eastern

shore.

Sea turtle entanglements in pound net

leaders are often difficult to detect.

These five observed sea turtles were

found in the leaders at the water’s

surface. Due to the lack of water clarity

in the Chesapeake Bay, turtles entangled

below the surface may go unobserved.

Thus, it is likely that significantly more

sea turtles have been entangled this

spring in the pound nets than were

observed.

NMFS has continuously investigated

other possible causes for the sea turtle

mortality events, but non-fishing related

causes for the increase in dead sea

turtles are not consistent with the nature

of the strandings this spring. For

instance, the absence of other species in

the most recent stranding events was

inconsistent with a toxic algae bloom,

disease, or other water quality impact.

Further, there were no major traumatic

injuries such as might be caused by

dredging or blasting.

Due to the location of the turtle

strandings, the type of fishing gear in

the vicinity of the greatest number of

strandings, and the known interactions

between sea turtles and large mesh and

stringer pound net leaders, pound nets

have been considered to be the likely

cause of the high sea turtle strandings in

Virginia in May and June 2001.

Specifically, large mesh (greater than 8

inches (>20.3 cm)) and stringer leaders

pose the greatest current entanglement

threat to sea turtles in the Chesapeake

Bay.

Impacts on Sea Turtles

Strandings in Virginia are almost

always highest during the month of June

and stranding reports have increased in

recent years. For example, for the month

of June sea turtle strandings were 57 in

1995, 62 in 1996, 133 in 1997, 153 in

1998, 125 in 1999, and 85 in 2000. From

June 1 through June 11, 2001,

preliminary reports indicate 105 sea

turtles stranded on Virginia beaches.

In recent years, sea turtles strandings

have been documented earlier in the

spring, with 55 turtle strandings (45

loggerheads, 5 Kemp’s ridleys, 5

unidentified) reported in Virginia from

May 1 to May 31, 2001. While 70 sea

turtles stranded during the same time

period in 2000, that was an

exceptionably high year; only 5

stranded in 1999, 30 in May 1998, 35 in

1997, 29 in 1996 and 34 in 1995. The

strandings in May 2001 are

approximately twice the average

number of turtles stranded in May from

1995 to 2000. While these earlier

stranding patterns may be explained by

water temperature fluctuations and

associated effects on turtle migrations,

strandings in June 2001 have also been

elevated. The high level of strandings in

May and June this year and the number

of dead loggerheads and Kemp’s ridleys

may pose a risk to these populations.

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

nesting numbers are stable or declining.

Previous genetic analysis suggests that

approximately one-half of the juvenile

loggerheads inhabiting the Chesapeake

Bay during the spring and summer are

from the smaller, northern population

(TEWG, 2000; Norrgard, 1995).

The Virginia strandings in May and

June 2001 are of concern for the

following reasons: (1) The level of

strandings in Virginia have been high

over the last 5 years and continue to

increase this year; (2) the strandings

occurred during a time when observer

coverage in the large and small mesh

gillnet fisheries found little evidence of

sea turtle take; (3) most of the strandings

were concentrated along the southern

tip of the eastern shore, suggesting a

potential localized interaction; (4) the

take of ESA-listed sea turtles is

unauthorized without a incidental take

statement or permit; and (5) the nonrecovering northern subpopulation of

threatened loggerheads comprises

approximately one-half of the mixed

stock off Virginia.

The increase in loggerhead mortality

documented during the last several

years may affect the recovery of the

loggerhead populations, especially as

the mortality is occurring at an

important point when turtles are

migrating inshore to their summer

foraging grounds in the Chesapeake Bay.

33492 Federal Register / Vol. 66, No. 121 / Friday, June 22, 2001 / Rules and Regulations

Modification of Pound Net Gear

The exemption for incidental taking

of sea turtles in 50 CFR 223.206(d)(1)

does not apply to endangered sea turtles

(i.e., Kemp’s ridleys) nor does it

authorize incidental takings during

fishing activities if the takings may be

likely to jeopardize the continued

existence of a species listed under the

ESA, pursuant to NMFS 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. Sixteen endangered

Kemp’s ridleys and one green turtle

stranded on the shores of Virginia this

year, which indicates that there may be

unauthorized takes occurring in these

waters. While most of the stranded

turtles were loggerheads, there is no

incidental take statement nor incidental

take permit for any of these threatened

or endangered turtles. The unregulated

incidental take of sea turtles in state

fisheries needs to be minimized to the

extent practicable to ensure recovery of

these species. The level of mortality

suffered by loggerhead turtles this

spring off Virginia is high and may be

adversely impacting the northern

nesting population of loggerheads.

Strandings in Virginia have been high

over the last 5 years, and if the

strandings continue at the current rate,

the number of sea turtle mortalities will

exceed previous levels. Continued

mortality caused by unauthorized

incidental capture in all pound net

leaders greater or equal to 8 inches (20.3

cm) stretched mesh and pound net

leaders with stringers during

loggerheads’ migration into and

residency in the Chesapeake Bay may

affect the ability of the northern

population to recover. Therefore, the

AA issues this determination that

takings of threatened or endangered sea

turtles by all Virginia permitted

fishermen deploying pound nets with

leaders of 8 inches or greater (≥ 20.3 cm)

stretched mesh and leaders with

stringers in Virginia waters of the

mainstem Chesapeake Bay and

tributaries are unauthorized, and issues

this additional restriction on fishing

activities to conserve and protect

threatened and endangered sea turtles in

the Chesapeake Bay. Specifically, the

AA requires that in the Virginia waters

of the mainstem Chesapeake Bay and

the tidal waters of the James, York, and

Rappahannock Rivers, all Virginia

permitted fishermen deploying pound

nets with leaders measuring 8 inches

(20.3 cm) or greater stretched mesh and

all pound nets with stringer leaders

must tie up their leaders. The leaders

must be tied up in such a manner so

that the mesh and stringers are rolled up

and tied off, and are not fishing in the

water. The heart(s) and pound may

remain in the water, and only the

leaders must be tied up. The area where

this gear modification applies includes

the Virginia waters of the mainstem

Chesapeake Bay from the MarylandVirginia State line (approximately 38°

N. lat.) to the COLREGS line at the

mouth of the Chesapeake Bay; the tidal

James River; the tidal York River; and

the tidal Rappahannock River. This

modification of the pound net leaders is

effective from 11:59 p.m. local time June

19, 2001 through 11:59 p.m. local time

July 19, 2001. For the duration of this

mandatory gear modification, all pound

net leaders measuring 8 inches or

greater stretched (≥ 20.3 cm) mesh and

pound net leaders with stringers must

be tied up, and all fishing with these

leaders must be curtailed in the

designated area. All such pound net

leaders that are currently set must be

modified by 11:59 p.m local time on

June 19, 2001.

The fishery affected by this temporary

rule is the Virginia pound net fishery in

the Chesapeake Bay. Virginia permitted

fishermen deploying pound nets with

leaders measuring 8 inches or greater (≥

20.3 cm) stretched mesh and leaders

with stringers will be affected. While

target species catch rates will likely

decrease due to the inability to use the

leaders on the pound nets, the heart(s)

and pound may still be set, which may

result in some level of catch. From June

20 to July 20, 2000, the total landings for

all pound nets in Virginia waters were

1,284,147 lbs (582,489 kg), with a total

value of $437,868. This represents the

worst case scenario of landings forgone

as a result of this temporary rule.

However, not all of the pound nets in

Virginia waters are equipped with large

mesh leaders or leaders with stringers.

While landings data have not been

separated into landings from large mesh,

small mesh, or stringer leaders, based on

information obtained from the

Mansfield et al., (2001) fall pound net

characterization, approximately 20 out

of 82 active pound nets will be affected

by this rule (approximately 1/4 of the

total pound nets set in Virginia waters).

Assuming the same number of pound

nets will be fished, the same amount of

fish will be landed, and the value of

these landings will be similar from June

20 to July 20, 2000 to 2001, the landings

that may be forgone by the issuance of

this temporary rule would be 313,207

lbs (142,071 kg) of fish, with a total

value of $106,797. Pound nets catch a

variety of fish species, so this total value

amount incorporates a range of fish

prices. Most of the fishermen that fish

pound nets with large mesh leaders in

this area also fish nets with small mesh

leaders closer to shore, reducing the

economic impact of this temporary gear

modification.

As mentioned previously, stringer

leaders are only set in the western

Chesapeake Bay, around the tip of

Mobjack Bay and just south of the

mouth of the Potomac River, near

Reedville. A survey conducted in the

fall of 2000 found only nine stringer

leaders in the western Chesapeake Bay

(Mansfield et al., 2001), so the impact of

this temporary gear modification will

only impact this limited group of

fishermen who deploy pound nets using

stringer leaders in the western part of

the bay.

This restriction has been 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. Notification of any

additional sea turtle conservation

measures, including any extension of

this 30-day action, will be published in

the Federal Register pursuant to 50 CFR

223.206(d)(4).

NMFS will continue to monitor sea

turtle strandings to gauge the

effectiveness of these conservation

measures as well as compliance.

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 respond to an

emergency situation to provide adequate

protection for endangered and

threatened sea turtles, 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 ESA-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

Federal Register / Vol. 66, No. 121 / Friday, June 22, 2001 / Rules and Regulations 33493

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 the rule effective 11:59

p.m. local time June 19, 2001 through

11:59 p.m. local time July 19, 2001.

Immediately, pound net leaders

measuring 8 inches or greater (≥ 20.3

cm) and pound net leaders with

stringers must be tied up in the

designated area, and all fishing with

these leaders must be curtailed. As

stated earlier, this restriction has been

announced on the NOAA weather radio,

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 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

notices such as this. Copies of the EA

and literature cited are available (see

ADDRESSES).

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

Dated: June 18, 2001.

Rolland A. Schmitten,

Director, Habitat Conservation, National

Marine Fisheries Service

[FR Doc. 01–15676 Filed 6–18–01; 4:40 pm]

BILLING CODE 3510–22–S