10484 Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Notices

Floor, Juneau, Alaska 99801, (907/586-

7221).

FOR FURTHER INFORMATION CONTACT: Jill

Lewandowski or Trevor Spradlin, 301/

713-2289.

SUPPLEMENTARY INFORMATION: On

February 9, 2000, notice was published

in the Federal Register (65 FR 6360)

that a request for a scientific research

permit to take humpback whales had

been submitted by the above-named

Olga von Ziegesar, North Gulf Oceanic

Society. The requested permit has been

issued under the authority of the Marine

Mammal Protection Act of 1972, as

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

Regulations Governing the Taking and

Importing of Marine Mammals (50 CFR

part 216), the Endangered Species Act of

1973, as amended (ESA; 16 U.S.C. 1531

et seq.), and the regulations governing

the taking, importing, and exporting of

endangered and threatened species (50

CFR parts 222-226).

Issuance of this permit, as required by

the ESA, was based on a finding that

such permit (1) was applied for in good

faith, (2) will not operate to the

disadvantage of the endangered species

which is the subject of this permit, and

(3) is consistent with the purposes and

policies set forth in section 2 of the

ESA.

Dated: February 9, 2001.

Eugene T. Nitta,

Acting Chief, Permits Division, Office of

Protected Resources, National Marine

Fisheries Service.

[FR Doc. 01–3868 Filed 2–14–01; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 121300A]

National Plan of Action for the

Conservation and Management of

Sharks

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of availability of final

plan; response to public comments.

SUMMARY: NMFS announces the

availability of the final National Plan of

Action (NPOA) developed pursuant to

the endorsement of the International

Plan of Action (IPOA) for the

Conservation and Management of

Sharks by the United Nations’ Food and

Agriculture Organization Committee on

Fisheries (COFI) Ministerial Meeting in

February 1999. NMFS prepared this

final plan based on consultation with

scientific and technical experts, and

certain Federal and state agencies, and

comments from members of the public.

Response to public comments on the

draft NPOA is provided.

ADDRESSES: Written requests for copies

of the final NPOA should be sent to

Margo Schulze-Haugen, Highly

Migratory Species Management Division

(F/SF1), National Marine Fisheries

Service (NMFS), 1315 East-West

Highway, Silver Spring, MD 20910, or

may be sent via facsimile (fax) to 301-

713-1917.

FOR FURTHER INFORMATION CONTACT:

Margo Schulze-Haugen or Karyl

Brewster-Geisz, (301) 713-2347; fax

(301) 713-1917.

SUPPLEMENTARY INFORMATION: Noting the

increased concern about the expanding

catches of sharks and their potential

negative impacts on shark populations,

the IPOA calls on member nations to

voluntarily develop national plans to

ensure the conservation and

management of sharks for their longterm sustainable use by applying the

precautionary approach. Member

nations are encouraged to develop and

implement an NPOA if their vessels

conduct directed fisheries for sharks or

if their vessels regularly catch sharks

incidentally in fisheries for other

species. Specifically, the IPOA calls on

member nations to ensure that shark

catches from directed and incidental

fisheries are sustainable; assess threats

to shark populations; protect critical

habitats; provide special attention to

vulnerable or threatened shark stocks;

minimize unutilized incidental catches

of sharks; encourage full use of dead

sharks; improve species-specific catch

and landings data and monitoring of

shark catches; and consult with

stakeholders in research, management,

and educational initiatives within and

between member nations. The United

States committed to developing this

national plan, and reporting on its

implementation to COFI, no later than

the 25th COFI session in February 2001.

A proposed schedule, outline,

background, and rationale were

published in the Federal Register on

September 30, 1999 (64 FR 52772). A

revised schedule was published in the

Federal Register on March 27, 2000 (65

FR 16186). A notice of availability of the

draft NPOA was published in the

Federal Register on August 4, 2000 (65

FR 47968); the comment period ended

September 30, 2000.

Comments and Responses

Comment 1: The NPOA is not a plan

of action at all; it fails to commit to a

strategy for action with clearly

articulated short and long-term goals,

priorities, time frames, responsible

management entities, and funding.

Response: The NPOA was developed

by NMFS to fulfill the national

responsibility of the United States.

NMFS’ goal in the NPOA is to establish

a process where the various entities in

the United States work cooperatively to

fulfill the objectives of the IPOA. The

authority under which NMFS operates

is the Magnuson-Stevens Fishery

Conservation and Management Act

(Magnuson-Stevens Act), which calls for

the conservation and management of

living marine resources, including

sharks, and establishes requirements

and deadlines for rebuilding plans for

overfished species. The MagnusonStevens Act does not give NMFS the

authority to ‘‘require’’ Regional Fishery

Management Councils (Councils) to take

a specific action for those species of

sharks that are not under direct agency

management. While it is true that the

agency may prepare a new fishery

management plan (FMP) or amend an

existing FMP if the appropriate Council

fails to develop, after a reasonable

period of time, necessary management

measures, it is preferable that the

appropriate Council act first.

Additionally, NMFS has no authority

to review or direct Interstate Fisheries

Commissions (Commissions) or coastal

States to take action(s) regarding shark

conservation and management. Thus,

NMFS will work cooperatively with

Councils, Commissions, and States and

encourage them to take action to ensure

the conservation and management of

sharks and their long-term sustainable

use.

Nevertheless, the final NPOA for

sharks does provide policy guidance to

Councils, Commissions, and States to

conduct an initial assessment within 2

years of completion of this NPOA (if

such assessment is not already done) to

determine if the fisheries under their

jurisdiction are sustainable so that

NMFS may incorporate that information

into the biennial report to COFI in 2003.

If shark conservation and management

measures are found to be necessary, the

final NPOA provides further policy

guidance to responsible management

entities to develop fishery-specific

measures within 2 years, with reporting

to NMFS by September 2004 so that that

information may be incorporated into

the biennial report to COFI in 2005. For

any fisheries that are under the

authority of the Magnuson-Stevens Act

Federal Register / Vol. 66, No. 32 / Thursday, February 15, 2001 / Notices 10485

and that are identified as overfished, the

development of rebuilding programs

must be consistent with section 304(f) of

the Magnuson-Stevens Act. NMFS will

work cooperatively with Councils,

Commissions, and states in these

determinations and development of

management measures.

NMFS believes that the final NPOA

demonstrates strong U.S. leadership on

this important international shark

conservation issue. The United States

has already several FMPs that regulate

directed and incidental catches of

sharks as well as bycatch of sharks, and

other FMPs under consideration or

development. Additionally, the United

States is likely to be one of the first

COFI members to complete an NPOA for

sharks, will urge other members to

develop and implement NPOAs, as

appropriate, and will pursue shark

conservation and management in other

international fisheries management fora.

NMFS acknowledges that assessing

shark conservation and management

needs and effectiveness is costly, and

that the final NPOA includes ambitious

objectives and goals. Additional funding

needs for implementing the final NPOA

need to be addressed by the individual

management entities. In the past, NMFS

did not have the resources to monitor all

sharks caught in all U.S. fisheries and

effective implementation of the final

NPOA may require additional funding.

NMFS will use the final NPOA as

guidance in its strategic planning and

budget processes.

Comment 2: The NPOA fails to

include a bycatch reduction strategy

with goals and timeframes.

Response: In addition to the NPOA’s

policy guidance on actions and time

frames outlined above, the United States

participates in international fishery

agreements to reduce or minimize

bycatch, including the IPOA and the

United Nations Food and Agriculture

Organization Code of Conduct for

Responsible Fisheries.

NMFS believes that directed,

incidental or bycatch shark fisheries

constitute unique situations that require

development of fishery-specific shark

conservation and management

measures. It is not necessary to state

explicit conservation and management

standards for individual fisheries or for

the nation as a whole as these are

identified in the IPOA, NPOA, and

Magnuson-Stevens Act.

Comment 3: The NPOA should call

for adoption of the precautionary

approach and development of

precautionary FMPs for all

elasmobranch fisheries, regardless of

overfishing.

Response: NMFS agrees that the

precautionary approach should be

adopted in the conservation and

management measures and development

of FMPs. NMFS believes that the

National Standards Guidelines for the

Magnuson-Stevens Act and this NPOA

for sharks include this policy guidance.

However, NMFS believes that each

fishery represents unique situations that

should be addressed on a fisheryspecific basis and that development of

precautionary FMPs should be prepared

by the responsible management entity.

Comment 4: NMFS should identify

overarching outreach priorities and

develop an identification guide for the

Atlantic and Pacific regions.

Response: NMFS agrees that public

outreach on the identification of sharks,

as well as the need for shark

conservation and management, are high

priorities. Towards that end, NMFS is

developing an identification guide for

sharks of the Atlantic Ocean, Gulf of

Mexico, and Caribbean Sea, with

anticipated completion in early 2001.

Comment 5: All management entities

should be required to produce reports

on all shark catches in all fisheries every

2 years.

Response: NMFS agrees that regular

assessment and reporting of shark

catches in all fisheries is appropriate

and would enhance biennial reporting

to COFI on implementation of the

NPOA. Accordingly, the final NPOA

includes policy guidance on time frames

for reporting, and NMFS will work

cooperatively with Councils,

Commissions, and States on generating

the relevant reports.

Comment 6: The NPOA should

include a comprehensive overview of

health and status of all elasmobranch

populations, research and data needs,

and current management.

Response: NMFS believes that the

final NPOA includes a brief, yet

complete, review of Atlantic and Pacific

shark stock status, fishery descriptions,

research and management needs, and

current management. NMFS refers

interested constituents to the NMFS

annual Report to Congress on Status of

Fisheries of the United States (see http:/

/www.nmfs.noaa.gov/sfa/reports.html)

and the relevant FMPs for more

comprehensive information on specific

species and/or fisheries.

Comment 7: The NPOA should

include a specific section on threatened

species, including Endangered Species

Act candidates and American Fisheries

Society stocks at risk.

Response: NMFS agrees and has

modified the final NPOA.

Comment 8: The NPOA should

elaborate more on progress in

international and regional organizations

such as the Asian Pacific Economic

Cooperation Forum, the Northwest

Atlantic Fisheries Organization, and the

Convention on the International Trade

in Endangered Species of Flora and

Fauna.

Response: NMFS agrees and has

modified the format of the final NPOA.

Changes From Draft NPOA

NMFS made a number of changes in

the final NPOA pursuant to public

comments that were submitted on the

draft NPOA. The final NPOA provides

policy guidance and time frames for

NMFS, Council, Commission, and state

action to conduct initial assessments of

shark catches and fisheries within two

years of completion of the NPOA and to

develop fishery-specific management

measures, as appropriate, within 4

years. The sections describing

international science and management

initiatives and guidance on adopting the

precautionary approach and protecting

vulnerable species are expanded.

Electronic Access

The final version of the NPOA is now

available on the NMFS website (http://

www.nmfs.noaa.gov). Hard copies of the

document are available upon request

(see ADDRESSES).

Authority: 16 U.S.C. 971 et seq. and 1801

et seq.

Dated: February 8, 2001.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 01–3867 Filed 2–14–01; 8:45 am]

BILLING CODE 3510–22–S

CORPORATION FOR NATIONAL AND

COMMUNITY SERVICE

Sunshine Act Meeting; Notice

The Board of Directors of the

Corporation for National and

Community Service gives notice of the

following meeting:

DATE AND TIME: February 27, 2001, 10

a.m.–12:30 p.m.

PLACE: Corporation for National and

Community Service, 1201 New York

Avenue, NW, 8th Floor, Washington, DC

20525.

STATUS: Open.

MATTERS TO BE CONSIDERED: The Board

of Directors is scheduled to consider

and act upon the Corporation’s annual

plan. The Committees of the Board of

Directors will report on their activities,

including financial management. In

addition, the Board is scheduled to

engage in dialogue with outside officials