20054 Federal Register / Vol. 67, No. 79 / Wednesday, April 24, 2002 / Rules and Regulations
154(i), 154(j), 201–205, and 218–220, ADDRESSES: Comments on this action did not continue south of Sapelo Island. that revisions to FCC Report 43–01, the should be addressed to the Chief, A replicate survey was flown along the Annual Summary Report; FCC Report Endangered Species Division, Office of entire Georgia coast on April 15, 2002. 43–02, the USOA Report; and FCC Protected Resources, NMFS, 1315 East- Thirty-three leatherback turtles and 77 Report 43–03, the Joint Cost Report as West Highway, Silver Spring, MD shrimp trawlers were spotted, over a set forth previously shall be effective for 20910. Comments may also be sent via total survey trackline of approximately filings due April 1, 2004. fax to 301–713–0376. Comments will 190 nautical miles (352 km). Pursuant to the authority contained in not be accepted if submitted via e-mail Leatherbacks were concentrated again § 0.291 of the Commission’s rules, 47 or the Internet. off Ossabaw, St. Catherines, and Sapelo CFR 0.291, that the Common Carrier FOR FURTHER INFORMATION CONTACT: Islands and also off Jekyll and St. Bureau is delegated authority to David Bernhart (ph. 727–570–5312, fax Simons Islands. Leatherbacks were also implement all changes to ARMIS 727–570–5517, e-mail spotted off Tybee Island in the north reporting as above set forth. [email protected]); or Barbara and Cumberland Island in the south. The sighting frequencies in the original List of Subject in 47 CFR Parts 32, 51 Schroeder (ph. 301–713–1401, fax 301– and replicate surveys all met or and 54. 713–0376, e-mail [email protected]). exceeded the regulatory standard of at Communications common carriers, For assistance in modifying TED least 10 animals within a 50 nautical Reporting and recordkeeping escape openings to exclude leatherback mile (92.6 km) length of survey requirements, Telephone. sea turtles, fishermen may contact gear trackline. Communications Commission. specialists at the NMFS, Pascagoula, MS The Assistant Administrator for William F. Caton, laboratory by phone 228–762–4591 or Fisheries, NOAA (AA), is closing all inshore waters and offshore waters Acting Secretary. fax 228–769–8699. within 10 nm (18.5 km) seaward of the SUPPLEMENTARY INFORMATION: [FR Doc. 02–9880 Filed 4–23–02; 8:45 am] COLREGS demarcation line, bounded BILLING CODE 6712–01–P SUPPLEMENTARY INFORMATION: by 31° N. lat. and 32° N. lat., within the Prohibitions on taking sea turtles are Leatherback Conservation Zone to governed by regulations implementing fishing by shrimp trawlers required to DEPARTMENT OF COMMERCE the Endangered Species Act at 50 CFR have a TED installed in each net that is parts 222 and 223. The incidental take rigged for fishing, unless the TED National Oceanic and Atmospheric of turtles during shrimp fishing in the installed has an escape opening large Administration Atlantic Ocean off the coast of the enough to exclude leatherback turtles, southeastern United States and in the meeting the specifications at 50 CFR 50 CFR Parts 222 and 223 Gulf of Mexico is excepted from the 223.207(a)(7)(ii)(B)(1) or (2) or [Docket No. 020418089–2089–01; I.D. taking prohibition pursuant to sea turtle 223.207(c)(1)(iv)(B). These regulations 041702B] conservation regulations at 50 CFR specify modifications that can be made 223.206, which include a requirement RIN 0648–AP96 to either single-grid hard TEDs or Parker that shrimp trawlers have a NMFS- soft TEDs to allow leatherbacks to approved TED installed in each net Sea Turtle Conservation; Restrictions escape. rigged for fishing. The use of TEDs Applicable to Shrimp Trawl Activities; The regulations at 50 CFR significantly reduces mortality of Leatherback Conservation Zone 223.206(d)(2)(iv) also state that loggerhead, green, Kemp’s ridley, and fishermen operating in the closed area AGENCY: National Marine Fisheries hawksbill sea turtles. Because with TEDs modified to exclude Service (NMFS), National Oceanic and leatherback turtles are larger than the leatherback turtles must notify the Atmospheric Administration (NOAA), escape openings of most NMFS- NMFS Southeast Regional Commerce. approved TEDs, use of these TEDs is not Administrator of their intention to fish ACTION: Temporary area gear restriction. an effective means of protecting in the closed area. This aspect of the leatherback turtles. regulations does not have a current SUMMARY: NMFS is closing, for a short Through a final rule (60 FR 47713 Office of Management and Budget 2–week period, all inshore waters and September 14, 1995), NMFS established control number, issued pursuant to the offshore waters 10 nautical miles (nm) regulations to provide protection for Paperwork Reduction Act. (18.5 km) seaward of the COLREGS leatherback turtles when they occur in ° Consequently, fishermen are not demarcation line, bounded by 31 N. lat. locally high densities during their required to notify the Regional (approximately St. Andrews Sound, annual, spring northward migration ° Administrator prior to fishing in the Georgia) and 32 N. lat. (approximately along the Atlantic seaboard. Within the closed area, but they must still meet the Tybee Island, Georgia) within the Leatherback Conservation Zone, NMFS gear requirements. Leatherback Conservation Zone, to may close an area for 2 weeks when fishing by shrimp trawlers required to leatherback sightings exceed 10 animals Classification have a turtle excluder device (TED) per 50 nm (92.6 km) during repeated This action has been determined to be installed in each net that is rigged for aerial surveys pursuant to not significant for purposes of Executive fishing, unless the TED has an escape § 223.206(d)(2)(iv)(A) through (C). Order 12866. opening large enough to exclude An initial aerial survey conducted on The AA is taking this action in leatherback turtles, as specified in the March 29, 2002, along the Georgia coast accordance with the requirements of 50 regulations. This action is necessary to documented 17 leatherback turtles over CFR 223.206(d)(2)(iv) to provide reduce mortality of endangered a total survey trackline of approximately protection for endangered leatherback leatherback sea turtles incidentally 80 nm (148 km). Concentrations were sea turtles from incidental capture and captured in shrimp trawls. noted in waters off Wassaw, Ossabaw, drowning in shrimp trawls. Leatherback DATES: This action is effective from St. Catherines, and Sapelo Islands. No sea turtles are occurring in high April 19, 2002 through 11:59 p.m. (local shrimp trawlers were seen working. Due concentrations in coastal waters in time) on May 3, 2002. to mechanical difficulties, the survey shrimp fishery statistical zone 31. This
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action allows shrimp fishing to continue Atmospheric Administration (NOAA), forward, so the combined strike quota in the affected area so long as fishermen Commerce. for 2001 is also 82 (67 + 15). make the required gear modifications. ACTION: Notification of aboriginal The United States and the Russian Pursuant to 5 U.S.C. 553(b)(B), the AA subsistence whaling quota. Federation have concluded an finds that there is good cause to waive arrangement to ensure that the total prior notice and opportunity to SUMMARY: NMFS announces the comment on this action. As a sizeable aboriginal subsistence whaling quota for quota of bowhead whales landed and concentration of leatherback turtles was bowhead whales, and other limitations struck in 2002 will not exceed the recently observed in close proximity to deriving from regulations adopted at the quotas set by the IWC. Under that a large number of shrimp trawlers, it is 1997 Annual Meeting of the arrangement, the Russian natives may extremely likely that interactions will International Whaling Commission use no more than 7 strikes, and the occur. It would be impracticable to (IWC). For 2002, the quota is 75 Alaska Eskimos may use no more than provide prior notice and opportunity for bowhead whales struck. This quota and 75 strikes. comment because providing notice and other limitations will govern the harvest NOAA is assigning 75 strikes to the comment would prevent the agency of bowhead whales by members of the Alaska Eskimos. The AEWC will from implementing the necessary action Alaska Eskimo Whaling Commission allocate these strikes among the 10 (AEWC). in a timely manner to protect the villages whose cultural and subsistence endangered leatherback. DATES: Effective April 24, 2002. needs have been documented in past Pursuant to 5 U.S.C. 553(d)(3), the AA ADDRESSES: Office of Protected requests for bowhead quotas from the finds that there is good cause not to Resources, National Marine Fisheries delay the effective date of this rule for IWC, and will ensure that its hunters Service, 1315 East West Highway, Silver 30 days. Such delay would prevent the use no more than 75 strikes. Spring, MD 20910. agency from implementing the Other Limitations necessary action in a timely manner to FOR FURTHER INFORMATION CONTACT: protect the endangered leatherback. Chris Yates, (301) 713–2322. The IWC regulations, as well as the Accordingly, the AA is making the rule SUPPLEMENTARY INFORMATION: Aboriginal NOAA rule at 50 CFR 230.4(c), forbid effective April 19, 2002 through May 3, subsistence whaling in the United States the taking of calves or any whale 2002. This closure has been announced is governed by the Whaling Convention accompanied by a calf. on the NOAA weather channel, in Act (16 U.S.C. 916 et seq.), which NOAA rules (at 50 CFR 230.4) contain newspapers, and other media. Shrimp requires the Secretary of Commerce trawlers may also call (727)570–5312 for (Secretary) to publish, at least annually, a number of other prohibitions relating updated area closure information. As aboriginal subsistence whaling quotas to aboriginal subsistence whaling, some prior notice and an opportunity for and any other limitations on aboriginal of which are summarized here. Only public comment are not required to be subsistence whaling deriving from licensed whaling captains or crew under provided for this notification by 5 regulations of the IWC. the control of those captains may engage U.S.C. 553, or by any other law, the At the 1997 Annual Meeting of the in whaling. They must follow the analytical requirements of 5 U.S.C. 601 IWC, the Commission set quotas for provisions of the relevant cooperative et seq., are inapplicable. aboriginal subsistence use of bowhead agreement between NOAA and a Native The AA prepared an Environmental whales from the Bering-Chukchi- American whaling organization. The Assessment (EA) for the final rule Beaufort Seas stock. The bowhead quota aboriginal hunters must have adequate requiring TED use in shrimp trawls and was based on a joint request by the crew, supplies, and equipment. They the regulatory framework for the United States and the Russian may not receive money for participating Leatherback Conservation Zone (60 FR Federation, accompanied by in the hunt. No person may sell or offer 47713, September 14, 1995). Copies of documentation concerning the needs of for sale whale products from whales the EA are available (see ADDRESSES). 2 Native groups: Alaska Eskimos and taken in the hunt, except for authentic Dated: April 19, 2002. Chukotka Natives in the Russian Far articles of Native handicrafts. Captains East. Rebecca Lent may not continue to whale after the This action by the IWC thus Deputy Assistant Administrator for relevant quota is taken, after the season authorized aboriginal subsistence Regulatory Programs, National Marine has been closed, or if their licenses have whaling by the AEWC for bowhead Fisheries. been suspended. They may not engage [FR Doc. 02–10060 Filed 4–19–02; 3:30 pm] whales. This aboriginal subsistence harvest is conducted in accordance with in whaling in a wasteful manner. BILLING CODE 3510–22–S a cooperative agreement between NOAA Dated: April 18, 2002. and the AEWC. Rebecca Lent, DEPARTMENT OF COMMERCE The IWC set a 5–year block quota of Deputy Assistant Administrator for 280 bowhead whales landed. For each Regulatory Programs, National Marine National Oceanic and Atmospheric of the years 1998 through 2002, the Fisheries Service. Administration number of bowhead whales struck may [FR Doc. 02–10082 Filed 4–23–02; 8:45 am] not exceed 67, except that any unused BILLING CODE 3510–22–S 50 CFR Part 230 portion of a strike quota from any year, including 15 unused strikes from the [I.D. 041602A] 1995-1997 quota, may be carried Whaling Provisions: Aboriginal forward. No more than 15 strikes may be Subsistence Whaling Quotas added to the strike quota for any 1 year. The 2001 strike quota was 75. At the AGENCY: National Marine Fisheries end of the 2001 harvest, there were 15 Service (NMFS), National Oceanic and unused strikes available for carry-
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