12764 Federal Register / Vol. 66, No. 40 / Wednesday, February 28, 2001 / Notices

with VHF/satellite transmitters. The

project will determine the distribution

and foraging behavior of adult Crabeater

seals and simultaneously assess the

impact that oceanographic features and

prey aggregations have on foraging

strategies employed. Equivalent data

will be obtained for other species.

Research will occur in Marguerite Bay,

West Antarctic Peninsula. Opportunistic

samples will be collected from dead

beach cast seals for deposit in the

natural history collection at the

University.

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.), and

the Regulations Governing the Taking

and Importing of Marine Mammals (50

CFR part 216).

Dated: February 21, 2001.

Ann D. Terbush,

Chief, Permits and Documentation Division,

Office of Protected Resources, National

Marine Fisheries Service.

[FR Doc. 01–4892 Filed 2–27–01; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 022000C]

National Plan of Action for the

Reduction of Incidental Catch of

Seabirds in Longline Fisheries

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of availability; response

to public comments.

SUMMARY: NMFS announces the

availability of the National Plan of

Action for the Reduction of Incidental

Catch of Seabirds in Longline Fisheries

(NPOA-S). NMFS also responds to

public comments received on the draft

NPOA-S.

DATES: The final version of the NPOAS is now in effect and available on the

NMFS web site (http://www.nmfs.gov).

Hard copies of the document are

available upon request (see ADDRESSES).

ADDRESSES: Requests for hard copies of

the NPOA-S should be sent to Steve

Leathery, NOAA-Fisheries/SF3, Room

14434, 1315 East-West Highway, Silver

Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT:

Steve Leathery, 301–713–2341, or fax

301–713–1193.

SUPPLEMENTARY INFORMATION: The

United States developed an NPOA-S

through a collaborative effort between

NMFS, the U.S. Department of State

(DOS), and the U.S. Fish & Wildlife

Service (FWS), pursuant to the

International Plan of Action for the

Reduction of Incidental Catch of

Seabirds in Longline Fisheries (IPOA-S)

that was adopted by the United Nations

Food and Agriculture Organization

Committee on Fisheries (COFI) in

February 1999. The United States will

report to COFI by February, 2001, on

NPOA-S development and

implementation.

An outline describing the proposed

structure of the draft NPOA-S was

published in the Federal Register on

September 9, 1999 (64 FR 48987). The

draft NPOA-S was released for public

review and comment on December 29,

1999 (64 FR 73017), and the public

comment period was subsequently

extended through February 7, 2000.

Comments and Responses

NMFS received 10 written public

comments and held one public meeting

during the development of the NPOA-S.

NMFS considered all comments

received on the draft NPOA-S when

drafting the final version of the NPOAS.

Comment 1: The draft NPOA-S does

not fulfill the responsibilities outlined

in the IPOA-S and compromises U.S.

leadership in international negotiations

on reducing seabird bycatch in longline

fisheries.

Response: The IPOA-S is a voluntary

measure that calls on member states to

assess their longline fisheries and, if a

seabird bycatch problem is determined

to exist, to develop an NPOA-S to

reduce seabird bycatch within 2 years.

NMFS has conducted a preliminary

review of seabird bycatch in U.S.

longline fisheries and has determined

that a seabird bycatch problem exists in

several U.S. longline fisheries, including

Hawaii-based pelagic longline fisheries

and Alaska halibut and groundfish

demersal longline fisheries. Consistent

with this NPOA-S, seabird bycatch

regulations are in place for Alaska

longline fisheries and under

development for Hawaii longline

fisheries, and research is underway in

Alaska and Hawaii longline fisheries to

determine the effectiveness of seabird

bycatch measures and to improve those

measures.

NMFS, FWS, and DOS developed this

NPOA-S to provide policy guidance to

reduce seabird bycatch in those longline

fisheries where a problem is already

known to exist and to assess all other

U.S. longline fisheries within 2 years to

determine whether a seabird bycatch

problem exists. If a seabird bycatch

problem is found to exist, a fisheryspecific plan should be developed

within 1 year that would implement

seabird bycatch mitigation measures in

that fishery within 2 years.

Although incidental (i.e., unintended)

catch of seabirds in longline fisheries is

often termed ‘‘bycatch,’’ the MagnusonStevens Fishery Conservation and

Management Act (Magnuson-Stevens

Act), which is the primary law covering

management of marine fishery resources

in U.S. waters, specifically excludes

seabirds from the definition of ‘‘fish’’

and, therefore, bycatch. Unless certain

requirements under the Endangered

Species Act are involved, the

Magnuson-Stevens Act does not require

implementation of measures to reduce

incidental catch of seabirds. However,

the Magnuson-Stevens Act authorizes

implementation of fishery management

measures designed to protect the marine

environment from the effects of fishing

activities.

In order to strengthen NMFS’ ability

to effectively implement seabird

conservation measures in U.S. fisheries,

NMFS is supporting an amendment to

the Magnuson-Stevens Act that would

change the definition of bycatch to

include seabirds and would require

fishery management plans to

specifically address seabird bycatch. For

the purpose of the NPOA-S, the term

‘‘bycatch’’ is used for incidental seabird

catch, and the term ‘‘seabird’’ refers to

those bird species that habitually obtain

their food from the sea below the low

water mark.

NMFS believes that the final NPOAS demonstrates strong U.S. leadership

on this important international seabird

conservation issue. The United States

already has seabird bycatch mitigation

regulations in place for all Alaska

longline fisheries and under

consideration for implementation in

Hawaii longline fisheries. Additionally,

the United States is likely to be one of

the first COFI members to complete an

NPOA-S, which calls on the United

States to further advance the IPOA-S at

future international fisheries

management fora.

Comment 2: The draft NPOA-S does

not contain any seabird bycatch

reduction guidelines or performance

standards.

Response: The final NPOA-S provides

policy guidance to the Regional Fishery

Management Councils (Councils) and

the NMFS Regions to assess all U.S.

longline fisheries within the next 2

years to determine if a seabird bycatch

problem exists beyond what was

determined in the preliminary

Federal Register / Vol. 66, No. 40 / Wednesday, February 28, 2001 / Notices 12765

assessment. If a seabird bycatch problem

is found to exist, a fishery-specific plan

should be developed within 1 year that

would implement seabird bycatch

mitigation measures in that fishery

within 2 years.

Additionally, NMFS has proposed an

amendment to the Magnuson-Stevens

Act that would include seabirds in the

bycatch definition and thus require that

fishery conservation and management

measures, to the extent practicable,

minimize seabird bycatch and to the

extent that seabird bycatch cannot be

avoided, minimize the mortality of such

bycatch.

NMFS believes that individual

longline fishery interactions with

seabirds constitute unique situations

that require development of fisheryspecific seabird bycatch mitigation

measures. It is not possible to state

explicit seabird bycatch reduction

standards for individual fisheries or for

the nation as a whole. The NPOA-S

recommends that additional data should

be collected on seabird-fishery

interactions in all U.S. longline fisheries

in order to assess seabird bycatch and

determine the effectiveness of seabird

bycatch mitigation measures.

Comment 3: The NPOA-S should

contain a well-defined schedule for

seabird bycatch assessments and for

implementing seabird protection

measures.

Response: NMFS agrees. In response

to this comment, the final version of the

NPOA-S contains a more detailed

implementation schedule. Within a

year, and each subsequent year, the

Councils and NMFS Regions will jointly

prepare annual implementation reports.

Within 2 years, assessments of all the

U.S. longline fisheries should be

completed; if a seabird bycatch problem

is found to exist, a fishery-specific plan

should be established within 1 year that

would implement seabird bycatch

mitigation measures in that fishery

within 2 years.

NMFS and FWS will assume joint

responsibility for preparing a biennial

report to COFI on the NPOA-S.

Implementation of the NPOA-S will be

assessed every 4 years by NMFS and

FWS to evaluate progress to date,

prioritize future actions, and identify

cost-effective strategies for increasing

the plan’s effectiveness.

Comment 4: The NPOA-S should state

the explicit goal of eliminating seabird

bycatch in U.S. longline fisheries.

Response: NMFS disagrees. Such a

perspective represents a change of

national and international policy on

fishery bycatch issues. NMFS believes

that the focus of the NPOA-S should be

on reducing seabird bycatch to the

maximum extent practicable.

Comment 5: The draft NPOA-S

advocates a regional approach to

reducing seabird bycatch in U.S.

longline fisheries. Such an approach

without required actions will not

effectively reduce seabird bycatch.

Response: Addressing seabird bycatch

at the regional level is consistent with

the IPOA-S and calls on the Councils to

recommend seabird bycatch mitigation

measures that are tailored to individual

longline fisheries and that would be

incorporated in regulations. NMFS will

use these regionally based Council

recommendations to take action to

require fishery management measures

that effectively reduce seabird bycatch.

Comment 6: There should be nationallevel coordination and oversight to

ensure consistent and effective regional

implementation of the NPOA-S.

Response: NMFS agrees. NMFS and

FWS will continue to work in close

partnership and with the DOS through

the activities of the Interagency Seabird

Working Group (ISWG) to accomplish

the goals of the NPOA-S, including

consistent and effective regional

implementation of the NPOA-S. The

ISWG was formed in February, 1999 for

the express purpose of drafting the

NPOA-S based on the IPOA-S

guidelines. This working group was

composed of members from NMFS,

FWS, and DOS, many of whom served

on a similar U.S. working group during

development of the IPOA-S.

Several commenters suggested

continuing the ISWG in varying

capacities during NPOA-S

implementation. NMFS agrees that the

ISWG has continuing value as a

resource for helping ensure consistent

and effective regional implementation of

the NPOA-S, for helping prepare a

biennial report to COFI on the NPOAS, and for helping assess

implementation of the NPOA-S every 4

years to evaluate progress to date,

prioritize future actions, and identify

cost-effective strategies for increasing its

effectiveness. However, the ISWG will

not function as a certifying body for

fishery management measures, as some

commenters have suggested, and ISWG

membership will be limited to NMFS,

FWS, and DOS staff.

NMFS has assigned coordination and

oversight responsibility to the Domestic

Fisheries Division of the Office of

Sustainable Fisheries (Sustainable

Fisheries) to help ensure consistent and

effective regional implementation of the

NPOA-S. All Council-developed fishery

management actions are submitted to

Sustainable Fisheries for review, and are

implemented under authority of the

Secretary of Commerce.

Comment 7: The draft NPOA-S does

not state the need for additional funding

and does not identify specific research

goals or projects.

Response: The final NPOA-S suggests

that there should be research into

developing effective, fishery-specific

seabird bycatch mitigation measures. In

addition to regional assessments of

seabird/longline interactions, the

NPOA-S emphasizes the importance of

increased NMFS observer coverage and

additional observer training on seabird

identification. The NPOA-S also

emphasizes continued cooperation

between FWS and NMFS on seabird

bycatch mitigation issues, including

assessment of existing seabird bycatch

mitigation measures and research and

development of new measures.

NMFS acknowledges that assessing

seabird bycatch and researching the

effectiveness of mitigation measures is

costly, and that the final NPOA-S

includes ambitious objectives and goals.

Additional funding required for

implementing the final NPOA-S needs

to be addressed by the individual

management entities. NMFS has

historically not received sufficient

appropriated funds to monitor seabird

bycatch in all U.S. longline fisheries.

The cost of previous seabird bycatch

mitigation research studies ranged

between $150,000 and $227,000. NMFS

further acknowledges that cooperation

with the fishing industry led to the use

of commercial longline vessels in

seabird mitigation research studies,

which resulted in significant cost

savings. NMFS will use the final NPOAS as guidance in its strategic planning

and budget processes.

Assessment of seabird bycatch via

fishery observer programs is also

expensive, with variable costs relating

to the degree of necessary program

development (i.e., creation of a new

program or modification of an existing

program), and whether industry shares

costs or fully funds individual longline

observer programs. Agency costs for

observer programs have ranged from

several hundred thousand to several

million dollars annually.

Comment 8: The draft NPOA-S does

not state or impose regulations requiring

the use of seabird bycatch mitigating

measures, even in those longline

fisheries where a seabird bycatch

problem is known to already exist.

Response: NMFS agrees. The

Magnuson-Stevens Act provides the

authority for managing fishery resources

in the United States. Fishery

management plans (FMPs) are

developed by the Councils, in

12766 Federal Register / Vol. 66, No. 40 / Wednesday, February 28, 2001 / Notices

consultation with NMFS, and are

implemented by regulations

promulgated under the authority of the

Secretary of Commerce. Public

participation is an important part of the

Council process, where a wide variety of

viewpoints are considered when

developing FMPs and FMP

amendments.

NMFS considers the NPOA-S to be a

clear statement of policy that provides

guidance to the Councils and NMFS

Regions to conduct seabird bycatch

assessments and reduce seabird bycatch

in U.S. longline fisheries. In those U.S.

longline fisheries where seabird bycatch

problems are already known to exist,

including Alaska groundfish and halibut

demersal longline fisheries and Hawaii

pelagic longline fisheries, seabird

bycatch regulations are already in place,

are undergoing further refinement, or

are under development. NMFS

considers it inappropriate to include

regulations in the NPOA-S that were not

developed through the Council process.

NMFS notes, however, that the final

NPOA-S does call on the Councils, in

partnership with NMFS, to prescribe

appropriate and effective mitigation

measures and to develop regulations if

a seabird bycatch problem exists.

Additionally, the NPOA-S provides

guidance to the Councils and NMFS to

consider all existing information in

determining whether development of

precautionary seabird bycatch

mitigation measures is warranted, even

prior to completing formal seabird

bycatch assessments. Such an approach

is consistent with U.S. marine fisheries

policy on using the precautionary

approach for developing fisheries

management actions in the face of

scientific uncertainty.

Comment 9: The draft NPOA-S does

not contain specific guidelines for

education, outreach, and training on the

seabird bycatch issues.

Response: NMFS considers outreach

and education to be of utmost

importance. The final NPOA-S states

that the Councils and NMFS should

engage longline fishermen in education

and outreach activities that will increase

awareness of seabird bycatch issues and

the importance of employing seabird

bycatch mitigation measures.

Changes from the Proposed NPOA-S

NMFS made a number of changes in

the final NPOA-S pursuant to public

comments that were submitted on the

draft NPOA-S. The final NPOA-S

requires that seabird bycatch be reduced

to the maximum extent practicable. The

final NPOA-S provides a time line for

Council and NMFS action when a

seabird bycatch problem is found to

exist, and requires that a fishery-specific

plan be established within 1 year to

develop seabird bycatch mitigation

measures in that fishery within 2 years.

The final NPOA-S also calls for

additional NMFS observer training in

seabird identification, cooperative

research between the longline fishing

industry and seabird scientists, and

coordination of U.S. research with

international research efforts to reduce

seabird bycatch. The section describing

efforts that should be taken by the

United States to encourage other nations

to develop individual NPOA-S is

expanded. The annual report describing

seabird bycatch research and mitigation

efforts is explained in greater detail.

Finally, Executive Order 13186,

‘‘Responsibilities of Federal Agencies to

Protect Migratory Birds,’’ is addressed.

Dated: February 22, 2001.

William T. Hogarth,

Acting Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 01–4894 Filed 2–27–01; 8:45 am]

BILLING CODE 3510–22–S

COMMITTEE FOR THE

IMPLEMENTATION OF TEXTILE

AGREEMENTS

Denying Entry to Textiles and Textile

Products Produced in Certain

Companies in Bangladesh

February 23, 2001.

AGENCY: Committee for the

Implementation of Textile Agreements

(CITA).

ACTION: Issuing a directive to the

Commissioner of Customs directing

Customs to deny entry to shipments

manufactured in certain companies in

Bangladesh.

EFFECTIVE DATE: March 1, 2001.

FOR FURTHER INFORMATION CONTACT:

Janet Heinzen, International Trade

Specialist, Office of Textiles and

Apparel, U.S. Department of Commerce,

(202) 482-3400.

SUPPLEMENTARY INFORMATION:

Authority: Section 204 of the Agricultural

Act of 1956, as amended (7 U.S.C. 1854);

Executive Order 12475 of May 9, 1984, as

amended.

The U.S. Customs Service has

conducted on-site verification of textile

and textile product production in a

number of foreign countries. Based on

information obtained through on-site

verifications and from other sources,

U.S. Customs has informed CITA that

certain companies were illegally

transshipping, were closed, or were

unable to produce records to verify

production. The Chairman of CITA has

directed the U.S. Customs Service to

issue regulations regarding the denial of

entry of shipments from such

companies (see Federal Register notice

64 FR 41395, published on July 30,

1999). In order to secure compliance

with U.S. law, including Section 204

and U.S. customs law, to carry out

textile and textile product agreements,

and to avoid circumvention of textile

agreements, the Chairman of CITA is

directing the U.S. Customs Service to

deny entry to textiles and textile

products manufactured by the following

Bangladesh companies for two years:

Eldest Garments, A.M. Inspection,

Fashion International, Newtex Apparel

and Runa Textile. Customs has

informed CITA that these companies

were found to have been illegally

transshipping, closed, or unable to

produce records to verify production.

Should CITA determine that this

decision should be amended, such

amendment will be published in the

Federal Register.

D. Michael Hutchinson,

Acting Chairman, Committee for the

Implementation of Textile Agreements.

Committee for the Implementation of Textile

Agreements

February 23, 2001.

Commissioner of Customs,

Department of the Treasury, Washington, DC

20229.

Dear Commissioner: The U.S.

Customs Service has conducted on- site

verification of textile and textile product

production in a number of foreign

countries. Based on information

obtained through on-site verifications

and from other sources, U.S. Customs

has informed CITA that certain

companies were illegally transshipping,

were closed, or were unable to produce

records to verify production. The

Chairman of CITA has directed the U.S.

Customs Service to issue regulations

regarding the denial of entry of

shipments from such companies (see

directive dated July 27, 1999 (64 FR

41395), published on July 30, 1999). In

order to secure compliance with U.S.

law, including Section 204 and U.S.

customs law, to carry out textile and

textile product agreements, and to avoid

circumvention of textile agreements, the

Chairman of CITA directs the U.S.

Customs Service, effective for goods

exported on and after March 1, 2001 and

extending through February 28, 2003, to

deny entry to textiles and textile

products manufactured by the following

Bangladesh companies: Eldest

Garments, A.M. Inspection, Fashion

International, Newtex Apparel and Runa