[Federal Register Volume 66, Number 185 (Monday, September 24, 2001)]
[Rules and Regulations]
[Pages 48812-48813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-23795]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 010710169-1226-02; I.D. 060401B]
RIN 0648-AP31


Atlantic Highly Migratory Species; Longline Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Revision to an emergency rule; request for comments.

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SUMMARY: NMFS revises the emergency regulations governing the Atlantic 
highly migratory species (HMS) fisheries that require all vessels 
issued an Atlantic HMS permit to post in their wheelhouses NMFS-
supplied sea turtle handling and release guidelines for pelagic 
longline gear to require that only such vessels fishing for Atlantic 
HMS that have pelagic or bottom longline gear on board post the 
guidelines. This revision is needed to make the regulations consistent 
with an August 31, 2001 revision to a term and condition of the 
reasonable and prudent measure identified in the incidental take 
statement accompanying the June 14,2001 Biological Opinion on the 
Atlantic HMS Fishery Management Plan and its associated fisheries. The 
intent of this revision is to remove the requirement that non-longline 
vessels post sea turtle handling and release guidelines that are 
specific to longline gear.

DATES: Effective September 15, 2001, through January 9, 2002. Comments 
must be received by November 8, 2001.

[[Page 48813]]


ADDRESSES: Written comments may be sent to Christopher Rogers, Acting 
Chief, NMFS Highly Migratory Species Management Division, 1315 East-
West Highway, Silver Spring, MD 20910; or faxed to 301-713-1917. 
Comments will not be accepted if submitted via e-mail or the Internet. 
Copies of the Biological Opinion that requires this action may also be 
obtained from this address.

FOR FURTHER INFORMATION CONTACT: Tyson Kade or Karyl Brewster-Geisz at 
301-713-2347 or via fax at 301-713-1917.

SUPPLEMENTARY INFORMATION: On June 8, 2001, (revised June 14, 2001) 
NMFS published a Biological Opinion (BiOp) that found that the Atlantic 
pelagic longline fishery is jeopardizing the continued existence of 
loggerhead and leatherback sea turtles. The BiOp estimated that a 55-
percent reduction in bycatch mortality from the pelagic longline 
fishery is necessary to allow for the recovery of these two species. To 
achieve the necessary reduction, the BiOp required the implementation 
of a reasonable and prudent alternative that was composed of several 
elements. On July 13, 2001, NMFS issued an emergency rule (66 FR 36711) 
that closed the northeast distant statistical reporting area, required 
specific gear deployment modifications, and required that the safe 
handling and release guidelines for sea turtles caught in pelagic 
longline gear be posted aboard all vessels permitted for HMS fisheries. 
The emergency rule is effective until January 9, 2002.
    On August 31, 2001, the June 14, 2001 BiOp was further revised with 
respect to a term and condition of the reasonable and prudent measure 
identified in the accompanying incidental take statement to limit the 
requirement to post the sea turtle handling and release guidelines to 
vessels using longline gear. The safe handling guidelines are specific 
to longline interactions and would not be applicable to vessels using 
other gear such as seines or gillnets. The costs to the government of 
printing and distributing guidelines to non-longline HMS vessels, and 
the burden on such vessels of posting those guidelines is not 
justified. Accordingly, NMFS is revising the regulation to apply only 
to permitted vessels having pelagic and bottom longline on board.

Classification

    The Assistant Administrator for Fisheries (AA), under 5 U.S.C. 
553(b)(3), finds that providing prior notice and opportunity for public 
comment on this revision would be contrary to the public interest. 
Without this revision, HMS vessels that do not display the sea turtle 
safe handling and release guidelines would be in violation of the 
regulations. While NMFS has supplied sea turtle safe handling and 
release guidelines to all longline vessels, NMFS has not supplied, and 
does not intend to supply, the guidelines to non-longline vessels. In 
order that non-longline vessels not be in technical violation, it is 
necessary to make this revision without prior notice and an opportunity 
for public comment. Because this rule relieves a restriction, under 5 
U.S.C. 553(d)(1) it is not subject to a 30-day delay in effective date. 
The requirement for longline vessels to post the guidelines remains 
effective from September 15, 2001 through January 9, 2002.
    Because prior notice and opportunity for public comment are not 
required for this final rule by 5 U.S.C. 553, or by any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.
    This action is not significant under the meaning of Executive Order 
12866.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Statistics, Treaties.

    Dated: September 18, 2001.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 635 is amended 
as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

    1. The authority citation for part 635 continues to read as 
follows:

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

    2. In Sec.  635.21, paragraph (a)(3) is suspended and a new 
paragraph (a)(4) is added to read as follows:


Sec.  635.21  Gear operation and deployment restrictions.

* * * * *
    (a) * * *
    (4) Effective September 15, 2001, through January 9, 2002, 
operators of all vessels that have pelagic or bottom longline gear on 
board and that have been issued, or required to have, a limited access 
swordfish, shark, or tuna longline category permit for use in the 
Atlantic Ocean including the Caribbean Sea and the Gulf of Mexico must 
post inside the wheelhouse the sea turtle handling and release 
guidelines provided by NMFS.
* * * * *
[FR Doc. 01-23795 Filed 9-21-01; 8:45 am]
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