65658 Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Rules and Regulations

(3) From subsection (e)(1) because the

application of this provision could

impair investigations and interfere with

the law enforcement responsibilities of

the OIG or another agency for the

following reasons:

(i) It is not possible to detect

relevance or need for specific

information in the early stages of an

investigation, case or matter. After the

information is evaluated, relevance and

necessity may be established.

(ii) During an investigation, the OIG

may obtain information about other

actual or potential criminal, civil or

administrative violations, including

those outside the scope of its

jurisdiction. The OIG should retain this

information, as it may aid in

establishing patterns of inappropriate

activity, and can provide valuable leads

for Federal and other law enforcement

agencies.

(iii) In interviewing individuals or

obtaining other forms of evidence

during an investigation, information

may be supplied to an investigator,

which relates to matters incidental to

the primary purpose of the investigation

but which may relate also to matters

under the investigative jurisdiction of

another agency. Such information

cannot readily be segregated.

(iv) From subsection (e)(4)(G) and (H)

because this system is exempt from the

access and amendment provisions of

subsection (d), pursuant to subsection

(k)(2) of the Privacy Act.

(v) From subsection (f) because this

system is exempt from the access and

amendment provisions of subsection

(d), pursuant to subsection (k)(2) of the

Privacy Act.

§ 1202.94 What NARA systems of records

are exempt from release under the

Investigatory Information Material

exemption of the Privacy Act?

(a) The Personnel Security Case Files

(NARA–24) system of records is eligible

for exemption under 5 U.S.C. 552a(k)(5)

because it contains investigatory

material compiled solely for the purpose

of determining suitability, eligibility, or

qualifications for federal employment or

access to classified information. The

only information exempt under this

provision is that which would disclose

the identity of a confidential source

described in 5 U.S.C. 552a(k)(2).

(b) The system of records described in

paragraph (a) of this section is exempt

from 5 U.S.C. 552a(d)(1). Exemption

from the particular subsection is

justified as access to records in the

system would reveal the identity(ies) of

the source(s) of information collected in

the course of a background

investigation.

Dated: December 14, 2001.

John W. Carlin,

Archivist of the United States.

[FR Doc. 01–31340 Filed 12–19–01; 8:45 am]

BILLING CODE 7515–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 222 and 223

[Docket No. 011214299—1299—01;

I.D.121001B]

RIN 0648-AP75

Sea Turtle Conservation; Shrimp

Trawling Requirements

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Temporary rule; request for

comments.

SUMMARY: NMFS is imposing, for a 30-

day period, an additional restriction on

shrimp trawlers that are required to

have a turtle excluder device (TED)

installed in each net rigged for fishing,

and that are operating in Atlantic

offshore waters out to 10 nautical miles

(nm)(18.3 km) from the coast of Florida

between 28°N. latitude and the GeorgiaFlorida border. During this 30-day

period shrimp vessels operating in this

area must use a TED with an escape

opening large enough to exclude

leatherback turtles, as specified in the

regulations. The use of such TEDs by

shrimp trawlers has previously been

required under similar circumstances.

This action is necessary to prevent

mortality of endangered leatherback sea

turtles incidentally captured in shrimp

trawls, and is prompted by recent

strandings of such turtles.

DATES: This action is effective from

December 14, 2001 through January 14,

2002. Comments on this action are

requested, and must be received by

January 14, 2002.

ADDRESSES: Comments on this action

should be addressed to Phil Williams,

Chief, Endangered Species Division,

Office of Protected Resources, NMFS,

1315 East-West Highway, Silver Spring,

MD 20910.

FOR FURTHER INFORMATION CONTACT:

Georgia Cranmore, 727–570–5312, or

Barbara A. Schroeder, 301–713–1401.

For assistance in modifying TED escape

openings to exclude leatherback sea

turtles, fishermen may contact gear

specialists at the NMFS, Pascagoula, MS

laboratory by phone 228–762–4591 or

by fax 228–769–8699.

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.

The incidental take of sea turtles as a

result of shrimp trawling activities has

been documented in the Gulf of Mexico

and in the Atlantic Ocean. Under the

ESA and its implementing regulations,

taking sea turtles is prohibited, subject

to exceptions identified in 50 CFR

223.206. Existing sea turtle conservation

regulations (50 CFR part 223, subpart B)

require most shrimp trawlers operating

in the Gulf and Atlantic areas to have a

NMFS-approved TED installed in each

net rigged for fishing, year-round.

The regulations provide a mechanism

to implement further restrictions of

fishing activities, if necessary, to avoid

takings of sea turtles that would (1)

likely jeopardize the continued

existence of listed species or (2) that

would violate the terms and conditions

of an incidental take statement or

incidental take permit. Upon a

determination that incidental takings of

sea turtles during fishing activities are

likely to trigger either scenario,

additional restrictions may be imposed

to conserve listed species and to avoid

such takings. Restrictions may be

effective for a period of up to 30 days

and may be renewed for additional

periods of up to 30 days each (50 CFR

223.206(d)(4)).

Leatherback Sea Turtles

Leatherback sea turtles are the largest

species of sea turtle. They weigh

between 600 and 1,300 pounds (272 and

590 kg) and have carapaces 5 to 6 ft (1.5

to 1.8 m) in length. Leatherbacks are

widely distributed and can range from

the tropics to extreme northern and

southern latitudes during their feeding

and reproductive migrations. They nest

in small but significant numbers on U.S.

beaches and are primarily seen in

coastal waters of the southeast U.S.

during their northern springtime

migration, especially when high

abundances of jellyfish occur nearshore.

However, they can be found in U.S.

waters throughout the year.

Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Rules and Regulations 65659

Because of their size, leatherbacks are

not likely to escape from trawls, even

when the trawls are equipped with

approved TEDs, unless the size of the

opening is sufficient to allow escape.

The sea turtle conservation regulations

specify a minimum TED opening size in

the Atlantic of 35 inches (89 cm)

horizontally and 12 inches (30.5 cm)

vertically. When the regulations

requiring TEDs in shrimp trawls yearround were adopted (57 FR 57348,

December 4, 1992), NMFS recognized

that the then-existing TEDs would not

protect leatherbacks, and the biological

opinion (BO) on the regulations

concluded that leatherback mortality

would remain a problem that must be

addressed to avoid jeopardizing the

recovery of this species. Consequently,

the August 19, 1992, BO’s incidental

take statement required that the

episodic take of leatherback turtles by

shrimp trawlers during periods of high

jellyfish abundance must be eliminated.

This could be accomplished by

temporary area closures, by requiring an

increase in the size of TED openings to

allow leatherbacks to escape at times

when their abundance is high, by

limiting tow times, or by implementing

some other protective measure. To

address this problem, the 1992 sea turtle

conservation regulations included the

provisions of 50 CFR 223.206(d)(4), to

provide ‘‘a mechanism to prevent sea

turtle mortalities...when existing

restrictions on the shrimp fishery are

found to be ineffective (57 FR 18453).’’

Recent Events

NMFS has been notified by the

Florida Fish and Wildlife Conservation

Commission (FWCC) that

extraordinarily high numbers of

endangered leatherback sea turtles

stranded along northeast Florida

beaches in November and early

December 2001. From November 4 to

December 10, 2001, a total of 15

leatherback turtles and 2 turtles

reported as leatherbacks, but not yet

verified by FWCC, washed ashore

between St. Johns and Brevard counties

in shrimp zones 28 and 29. During

aerial surveys conducted for right

whales, up to 10 leatherback turtles per

flight were seen during two flights; one

of these turtles was dead. By

comparison, the total annual number of

leatherback strandings statewide has

averaged 24 over the past 10 years, and

has averaged only 14 per year in zones

28–30. Considering the rarity of

leatherbacks—an average of only 45–50

females nest in Florida each year—and

the fact that strandings are only a

minimum estimate of actual mortality,

these strandings represent a serious

impact to the recovery and survival of

the local population.

The late fall and early winter is

traditionally a major shrimping season

along northeast Florida. During this

period, shrimp leave the estuaries to the

north and migrate southward along the

coast as waters cool. Shrimp fishing

along the coast is currently active.

Trawlers have been reported in the same

areas as the leatherback strandings. The

minimum size for TED openings

specified in the sea turtle conservation

regulations is not large enough to

release leatherback turtles. Shrimp

trawling with TEDs with openings that

are not large enough to release

leatherbacks is likely to lead to

additional takes that would violate the

terms and conditions of the incidental

take permit. NMFS and state personnel

will continue to investigate factors other

than shrimping that may contribute to

leatherback sea turtle mortality in

Florida, including other fisheries and

environmental factors.

Restrictions on Fishing by Shrimp

Trawlers

Pursuant to 50 CFR 223.206(d)(4), the

exemption for incidental taking of sea

turtles in 50 CFR 223.206(d) does not

authorize incidental takings during

fishing activities if the takings would

violate the restrictions, terms or

conditions of an incidental take

statement (ITS) or incidental take

permit, or if the taking would jeopardize

the continued existence of a species

listed under the ESA. The August 19,

1992, biological opinion includes a

condition under the ITS that specifies

that NMFS must eliminate the episodic

take of leatherback turtles by shrimp

trawlers through area closures,

requirements for large TED opening

sizes, limitations on tow times, or some

other protective measure. Failure by

NMFS to take action to address the

mortality seen in northeast Florida over

the past month would likely violate the

ITS. As a result, NMFS is requiring that

fishing by shrimp trawlers in all

Atlantic offshore waters within 10 nm

(18.5 km) seaward of the COLREGS

demarcation line, bounded on the south

by 28°N. lat. and on the north by

30°42′45.6′′N. lat. (the Georgia-Florida

border), must be done with a net that is

rigged for fishing with a TED installed

that has an escape opening large enough

to exclude leatherback turtles, meeting

the specifications at 50 CFR

223.207(a)(7)(ii)(B)(1) and (2) or

223.207(c)(1)(iv)(B). These regulations

specify modifications that can be made

to either single-grid hard TEDs or Parker

soft TEDs to allow leatherbacks to

escape. This restriction is effective from

December 14, 2001 through 11:59 p.m.

(local time) January 14, 2002.

This restriction has been announced

on the NOAA weather channel, in

newspapers, and other media.

Additional Conservation Measures

The AA may withdraw or modify a

determination concerning unauthorized

takings or any restriction on shrimping

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.

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 leatherback

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

impracticable and 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

identified large congregations of

endangered leatherback sea turtles that

are currently present in areas where

substantial fishing effort is occurring.

Furthermore, the AA finds good cause

also under 5 U.S.C. 553(d)(3) not to

delay the effective date of this

temporary rule for 30 days. Such delay

would also prevent the agency from

implementing this action in a timely

manner to protect endangered

leatherback sea turtles for the same

reason. Accordingly, the AA is making

the rule effective December 14, 2001

through January 14, 2002. Also as

stated, this restriction has been

announced on the NOAA weather

channel, in newspapers, and other

media.

As prior notice and an opportunity for

public comment are not required to be

provided for this notification by 5

U.S.C. 553, or by any other law, the

analytical requirements of 5 U.S.C. 601

et seq., are inapplicable.

The AA prepared an Environmental

Assessment (EA) for the final rule (57

65660 Federal Register / Vol. 66, No. 245 / Thursday, December 20, 2001 / Rules and Regulations

FR 57348, December 4, 1992) requiring

TED use in shrimp trawls and creating

the regulatory framework for the

issuance of notifications such as this.

Copies of the EA are available (see

ADDRESSES).

Dated: December 14, 2001.

William T. Hogarth,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 01–31275 Filed 12–14–01; 4:34 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 001121328–1066–03; I.D.

121401B]

Fisheries of the Northeastern United

States; Summer Flounder Fishery;

Commercial Quota Harvested for

Rhode Island

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure; commercial quota

harvested for Rhode Island.

SUMMARY: NMFS announces that the

summer flounder commercial quota

available to the State of Rhode Island

has been harvested. Vessels issued a

commercial Federal fisheries permit for

the summer flounder fishery may not

land summer flounder in Rhode Island

for the remainder of calendar year 2001,

unless additional quota becomes

available through a transfer. Regulations

governing the summer flounder fishery

require publication of this notification

to advise the State of Rhode Island that

the quota has been harvested and to

advise vessel permit holders and dealer

permit holders that no commercial

quota is available for landing summer

flounder in Rhode Island.

DATES: Effective from 0001 hours,

December 20, 2001 through 2400 hours,

December 31, 2001.

FOR FURTHER INFORMATION CONTACT: Paul

H. Jones, Fishery Policy Analyst, (978)

281–9273.

SUPPLEMENTARY INFORMATION:

Regulations governing the summer

flounder fishery are found at 50 CFR

part 648. The regulations require annual

specification of a commercial quota that

is apportioned on a percentage basis

among the coastal states from North

Carolina through Maine. The process to

set the annual commercial quota and the

percent allocated to each state is

described in § 648.100.

The initial total commercial quota for

summer flounder for the 2001 calendar

year was set equal to 10,747,535 lb

(4,875,000 kg)(66 FR 16151, March 23,

2001). The percent allocated to vessels

landing summer flounder in Rhode

Island is 15.68298 percent, or 1,685,534

lb (764,545 kg). This allocation was

adjusted due to an underage in 2000, as

provided in § 648.100 (e)(4), for a final

allocation of 1,733,817 lb (786,446 kg).

Section 648.101 (b) requires the

Administrator, Northeast Region, NMFS

(Regional Administrator) to monitor

state commercial quotas and to

determine when a state’s commercial

quota is harvested. NMFS then

publishes notification in the Federal

Register advising a state and notifying

Federal vessel and dealer permit holders

that, effective upon a specific date, the

state’s commercial quota has been

harvested and no commercial quota is

available for landing summer flounder

in that state. The Regional

Administrator has determined, based

upon dealer reports and other available

information, that the State of Rhode

Island has attained its quota for 2001.

The regulations at § 648.4 (b) provide

that Federal permit holders agree as a

condition of the permit not to land

summer flounder in any state that the

Regional Administrator has determined

no longer has commercial quota

available. Therefore, effective 0001

hours, December 20, 2001, further

landings of summer flounder in Rhode

Island by vessels holding summer

flounder commercial Federal fisheries

permits are prohibited for the remainder

of the 2001 calendar year, unless

additional quota becomes available

through a transfer and is announced in

the Federal Register. Effective 0001

hours, December 20, 2001, federally

permitted dealers are also notified that

they may not purchase summer flounder

from federally permitted vessels that

land in Rhode Island for the remainder

of the calendar year, or until additional

quota becomes available through a

transfer.

Classification

This action is required by 50 CFR part

648 and is exempt from review under

Executive Order 12866.

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

Dated: December 14, 2001.

Richard W. Surdi,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–31383 Filed 12–17–01; 2:44 pm]

BILLING CODE 3510–22–S