19886 Federal Register / Vol. 60, No. 77 / Friday, April 21, 1995 / Notices

FOR FURTHER INFORMATION CONTACT:

Charles A. Oravetz, 813–570–5312, or

Russell Bellmer, 301–713–1401.

SUPPLEMENTARY INFORMATION:

Background

Pursuant to section 7 of the

Endangered Species Act (ESA), 16

U.S.C. 1531 et seq., NMFS consults on

shrimp fishing operations in the

southeastern United States that may

affect sea turtles listed as threatened or

endangered under the ESA. These

shrimp fishing operations are managed,

in part, under the Gulf of Mexico

Shrimp Fishery Management Plan and

the South Atlantic Shrimp Fishery

Management Plan, both implemented

pursuant to the Magnuson Fisheries

Management and Conservation Act, 16

U.S.C. 1801 et seq., and the Sea Turtle

Conservation Regulations at 50 CFR

227.72, implemented under the ESA.

Unprecedented levels of sea turtle

stranding levels in Texas, Louisiana,

and Georgia associated with shrimp

fishing during 1994 resulted in a

reinitiation of consultation pursuant to

50 CFR 402.16 on shrimp fishing in the

southeastern United States. The

resulting Biological Opinion (Opinion),

issued on November 14, 1994,

concluded that continued long-term

operation of the fishery under the

current management regime was likely

to jeopardize the continued existence of

the Kemp’s ridley and prevent the

recovery of loggerheads, but identified a

reasonable and prudent alternative to

allow the fishery to continue while

avoiding jeopardy. One of the

components of the alternative was to

develop an ERP by March 14, 1995, to

ensure compliance with sea turtle

conservation regulations and respond to

sea turtle stranding events. The ERP

provides internal guidance and policy

on NMFS’ enforcement efforts and seeks

to use future rulemaking to meet these

goals. The ERP is available for public

information, and NMFS will accept

public comments.

The scope of the ERP extends to

waters 10 nautical miles (18.5 km)

seaward of the COLREGs demarcation

line (72 COLREGs) as described in 33

CFR part 80. This includes offshore

waters, and does not include bays,

estuaries and sounds.

The Opinion includes an incidental

take statement identifying the expected

impact of takings as a result of shrimp

fishing. The Opinion provides that

strandings of sea turtles will be

considered an indicator of nearshore

mortality resulting from shrimp fishing

during periods when intensive

shrimping effort occurs and there are no

significant or intervening natural or

human sources of mortality other than

shrimping conclusively identified as the

cause of the strandings. The ERP

provides procedures for notification of

strandings by Sea Turtle Stranding and

Salvage Network coordinators to NMFS.

The ERP also provides procedures for

public dissemination of stranding report

summaries, enforcement activities, and

management measures.

In addition, the ERP provides internal

guidelines for enforcement actions and

future management measures to be

implemented through rulemaking. The

purpose of the ERP in providing this

guidance is to take a progressive

approach in avoiding increased levels of

strandings as those levels approach the

incidental take level identified in the

Opinion.

The ERP identifies two areas in which

strandings of Kemp’s ridley sea turtles

are historically high: The Northern Gulf

Interim Special Management Area,

including waters off Louisiana and

Texas, and the Atlantic Special

Management Area, including waters off

northeast Florida and Georgia, from the

COLREGS line out to 10 nautical miles

(18.5 km). From April 1 through

November 30, members of a trained

Turtle Excluder Device (TED) law

enforcement team will investigate

compliance with TED regulations in

these areas. If strandings exceed 75

percent of the weekly incidental take

levels, identified in the Opinion, for 2

consecutive weeks, management

measures will be implemented through

separate rulemaking pursuant to 50 CFR

227.72(e)(6) and the Administrative

Procedure Act, 5 U.S.C. 551 et seq.

(APA). These measures will remain in

effect for 30 days in those NMFS

statistical zones in which elevated

strandings occur and adjacent statistical

zones (or portions of adjacent zones),

seaward of the COLREGs line to 10

nautical miles (18.5 km). These

measures are expected to be:

1. Prohibition of the use of soft TEDs;

2. Prohibition of the use of bottom

opening TEDs;

3. Prohibition of the use of try nets,

unless equipped with legal TEDs; and

4. Prohibition of the use of flaps over

the escape opening of TEDs.

Changes to the size and extent of the

restricted area, or modification of

restrictions, may be required through

additional rulemaking effective for 30

days.

Continued elevated strandings

associated with shrimping effort after

the above restrictions have been

implemented may result in closures to

shrimp fishing in the NMFS statistical

zones in which elevated strandings

occur and adjacent statistical zones (or

portions of adjacent zones), seaward of

the COLREGs line to 10 nautical miles

(18.5 km). Area closures, if necessary,

will be implemented through separate

rulemaking pursuant to the procedures

identified at 50 CFR 227.72(e)(6) and the

APA. Changes to the size and extent of

the area closures, or modification of

restrictions, may be required, through

additional rulemaking, effective for 30

days.

The ERP further provides for

procedures in the event that the Agency

determines that such management

measures are not necessary despite

elevated stranding levels.

Lastly, the ERP provides for stranding

notification procedures, procedures

regarding enforcement efforts, and

procedures for taking management

measures in areas outside the Interim

Special Management Areas.

The Opinion, in addition to the ERP,

requires a number of other management

initiatives. In fulfilling these

requirements, permanent rules may be

prepared establishing special sea turtle

management areas and/or contingency

restrictions to the shrimp fishery. Such

rulemaking will be done through normal

rulemaking procedures, including

publication of a proposed rule with a

public comment period and, as

appropriate, public hearings, prior to

publication of a final rule and delayed

effective date.

Dated: April 5, 1995.

William W. Fox, Jr.,

Director, Office of Protected Resources,

National Marine Fisheries Service.

[FR Doc. 95–9877 Filed 4–20–95; 8:45 am]

BILLING CODE 3510–22–F

[I.D. 041195B]

Marine Mammals

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Request to export nonreleasable

beached and stranded marine mammals

(P588).

SUMMARY: Notice is hereby given that

Enoshima Aquarium, 2–17–25, KataseKaigan, Fujisawa-City, Kanagawa, 251,

Japan, has requested authorization to

export for public display purposes two

nonreleasable beached and stranded

California sea lions from a U.S.

rehabilitation facility.

ADDRESSES: The request for

authorization and related documents are

available for review upon written

request to the Chief, Permits Division,

F/PR1, Office of Protected Resources,
Federal Register / Vol. 60, No. 77 / Friday, April 21, 1995 / Notices 19887

NMFS, 1315 East-West Highway, Room

13130, Silver Spring, MD 20910–3226.

Relevant written comments about this

request should be submitted to the

above address on or before May 22,

1995.

FOR FURTHER INFORMATION CONTACT: Ann

Hochman, 301/713–2289.

SUPPLEMENTARY INFORMATION: Enoshima

Aquarium, Kanagawa, Japan, is

requesting authorization for the export

of two nonreleasable rehabilitated

female California sea lions (Zalophus

californianus) for the purpose of public

display under the Marine Mammal

Protection Act of 1972 (MMPA), as

amended (16 U.S.C. 1361 et seq.).

The permanent retention or export for

public display purposes of a beached or

stranded marine mammal taken for the

purpose of rehabilitation under section

109(h) of the MMPA must be authorized

by NMFS. Under the 1994 amendments

to the MMPA, in order to obtain any

marine mammal for public display

purposes, the recipient must: (1) Offer a

program for education or conservation

purposes that is based on professionally

recognized standards of the public

display community; (2) be registered or

hold a license issued under 7 U.S.C.

2131 et seq.; i.e., from the Animal and

Plant Health Inspection Service

(APHIS), U.S. Department of Agriculture

(or, for foreign facilities, meet

comparable standards); and (3) maintain

facilities for the public display of

marine mammals that are open to the

public on a regularly scheduled basis

and to which access is not limited or

restricted other than by charging of an

admission fee.

In this regard, the required

certifications and statements provided

by the Enoshima Aquarium and the

Japanese Fisheries Agency have been

submitted to NMFS and APHIS, and

have been found appropriate and

sufficient to allow consideration of the

request.

Dated: April 17, 1995.

Ann D. Terbush,

Chief, Division of Permits and

Documentation, National Marine Fisheries

Service.

[FR Doc. 95–9876 Filed 4–20–95; 8:45 am]

BILLING CODE 3510–22–F

[I.D. 041395A]

Gulf of Mexico Fishery Management

Council; Public Meeting

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public meeting.

SUMMARY: The Gulf of Mexico Fishery

Management Council will convene a

public meeting of its Texas Habitat

Protection Advisory Panel on May 3,

1995.

DATES: The meeting will be held on May

3, 1995, from 9:00 a.m. to 3:00 p.m.

ADDRESSES: The meeting will be held at

the Marriott Intercontinental Airport

Hotel, 18700 John F. Kennedy

Boulevard, Houston, TX 77032.

FOR FURTHER INFORMATION CONTACT:

Richard J. Hoogland, Biologist, Gulf of

Mexico Fishery Management Council,

5401 West Kennedy Boulevard, Suite

331, Tampa, FL 33609; telephone: 813–

228–2815.

SUPPLEMENTARY INFORMATION: The

meeting agenda is as follows: Review

and discuss fisheries-related studies by

Texas A&M Sea Grant University, grass

carp infestation into Texas estuaries,

occurrence of an exotic brown mussel

on the Texas coast, shrimp mariculture

issues, Corps of Engineers activities

concerning the Laguna Madre and other

segments of the Gulf Intracoastal

Waterway and the Houston/Galveston

ship channel, as well as an update of the

Wallisville project and Jefferson County

beach nourishment.

Requests for sign language

interpretation or other auxiliary aids

should be directed to Julie Krebs at the

above address by April 26, 1995.

Dated: April 18, 1995.

Richard H. Schaefer,

Director, Office of Fisheries Conservation and

Management, National Marine Fisheries

Service.

[FR Doc. 95–9947 Filed 4–20–95; 8:45 am]

BILLING CODE 3510–22–F

[I.D. 041195C]

National Marine Fisheries Service;

Marine Fisheries Advisory Committee;

Public Meetings

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of public meetings.

SUMMARY: Notice is hereby given of

meetings of the Marine Fisheries

Advisory Committee (MAFAC) from

May 8 to May 10, 1995.

DATES: The meetings are scheduled as

follows:

1. May 8, 1995, 9 a.m.–4 p.m.;

2. May 9, 1995, 8:30 a.m.–5 p.m.; and

3. May 10, 1995, 8:30 a.m.–3:45 p.m.

ADDRESSES: The meeting will be held at

the Bethesda Ramada, 8400 Wisconsin

Ave, Bethesda, MD.

Requests for special accommodations

may be directed to MAFAC,

Management Services Office, National

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD

20910.

FOR FURTHER INFORMATION CONTACT:

Richard Wheeler, Executive Secretary;

telephone: (301) 713–2259.

SUPPLEMENTARY INFORMATION: As

required by section 10(a)(2) of the

Federal Advisory Committee Act, 5

U.S.C. App. (1982), notice is hereby

given of a meeting of MAFAC. MAFAC

was established by the Secretary of

Commerce (Secretary) on February 17,

1971, to advise the Secretary on all

living marine resource matters that are

the responsibility of the Department of

Commerce. This Committee ensures that

the living marine resource policies and

programs of this Nation are adequate to

meet the needs of commercial and

recreational fishermen, and

environmental, state, consumer,

academic, and other national interests.

Matters to be Considered

May 8, 1995—Subcommittee Meetings

(1) Steering Committee;

(2) Marine Recreational Fisheries

Committee;

(3) Protected Resources/Habitat

Committee;

(4) Seafood Markets and Trade

Committee; and,

(5) Commercial Fisheries Committee.

May 9, 1995

(1) Report of subcommittees;

(2) Report of Bycatch Task Force on

research findings;

(3) Report on the NMFS budget(s);

and

(4) Report on the Status of the NMFS

Charter.

May 10, 1995

(1) Report on the NMFS Habitat

Program: Status and water quality

issues;

(2) Report on the Wetland Restoration

Program;

(3) Examination of the wetland

construction processes;

(4) Report on the status of bycatchrelated legislation; and

(5) Open panel discussion.

Special Accommodations

These meetings are physically

accessible to people with disabilities.

Requests for sign language

interpretation or other auxiliary aids

should be directed to MAFAC (see

ADDRESSES).