[Federal Register Volume 66, Number 192 (Wednesday, October 3, 2001)]
[Rules and Regulations]
[Pages 50350-50354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24722]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 223

[Docket No. 010926236-1236-01; I.D. 091301B]
RIN 0648-AP63


Sea Turtle Conservation; Restrictions to Fishing Activities

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

ACTION: Interim final rule; request for comments.

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SUMMARY: NMFS is closing the waters of Pamlico Sound, North Carolina, 
to fishing with gillnets with a mesh size larger than 4\1/4\ inch (10.8 
cm) stretched mesh (``large-mesh gillnet''), from September 28, 2001 
through December 15, 2001, to protect migrating sea turtles. The closed 
area includes all inshore waters of Pamlico Sound south of 35 deg.46.3' 
N. lat., north of 35 deg.00' N. lat., and east of 76 deg.30' W. long. 
NMFS is also considering issuance of a final rule establishing this 
seasonal closure each year as a permanent sea turtle conservation 
measure and is seeking comments on this interim rule.

DATES: This interim final rule is effective on September 28, 2001 
through September 14, 2002. However, the provisions of 
Sec. 223.206(d)(7) are applicable September 28, 2001 through December 
15, 2001. Comments on this interim final rule are requested and must be 
postmarked or transmitted by facsimile by 5 p.m., Eastern Standard 
Time, on January 2, 2002. Comments transmitted via e-mail or the 
Internet will not be accepted.

ADDRESSES: Send written comments on this interim final rule to the 
Chief, Endangered Species Division, Office of Protected Resources, 
NMFS, 1315 East-West Highway, Silver Spring, MD 20910. Comments may 
also be sent via fax to 301-713-0376, Attn: Chief, Endangered Species 
Division, Office of Protected Resources. Comments will not be accepted 
if submitted via e-mail or the Internet. Copies of the Environmental 
Assessment (EA) prepared for this interim final rule and for the ESA 
Section 10(a)(1)(B) permit to NCDMF may also be requested at the same 
address.

FOR FURTHER INFORMATION CONTACT: David M. Bernhart (ph. 727-570-5312, 
fax 727-570-5517, e-mail [email protected]), or Barbara A. 
Schroeder (ph. 301-713-1401, fax 301-713-0376, e-mail 
[email protected]).

SUPPLEMENTARY INFORMATION: 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.
    Under the ESA and its implementing regulations, taking sea 
turtles--even incidentally--is prohibited, with exceptions for 
threatened species identified in 50 C.F.R. 223.206. The incidental take 
of endangered species may only legally be authorized by an incidental 
take statement provided or an incidental take permit issued pursuant to 
section 7 or 10 of the ESA.

1999 Events

    In early November 1999, significant increases were noted in inshore 
sea turtle strandings in the southeastern portion of Pamlico Sound. 
During November and December, a total of 97 strandings occurred in the 
area. Kemp's ridley turtles accounted for 46 of the strandings; 31 of 
the strandings were loggerhead turtles; 19 of the strandings were green 
turtles; and the species of one of the turtles was not identified. 
Onboard sea turtle monitoring was conducted by the NCDMF in 
southeastern Pamlico Sound during November 22-24, 1999. Eleven observer 
trips were conducted, consisting of five trips aboard deep-water 
flounder gillnet (5 inch (12.7 cm) and larger stretched mesh) vessels 
and six trips aboard spotted seatrout gillnet (3 to 4 inch (7.6 to 10.2 
cm) stretched mesh, or ``small-mesh gillnet'') vessels. Gear 
characteristics, set locations and soak times were recorded for each 
set. Two Kemp's ridley turtles were observed captured in deep-water 
flounder gillnets in five observer trips. No sea turtles were captured 
in the observed trips aboard the small mesh gillnet vessels. While 
limited data had been available previously concerning gillnet takes of 
sea turtles, the deep-water, large-mesh gillnet fishery for flounder in 
southeastern Pamlico Sound was suspected of being responsible for a 
significant portion of the sea turtle strandings. The NCDMF Marine 
Patrol and NOAA Fisheries Enforcement personnel conducted joint 
surveillance of the Pamlico Sound shrimp and gillnet fisheries during 
November 1999. No shrimp trawl TED violations were detected in the 
area. Enforcement personnel reported significant large-mesh gillnet 
activity in the vicinity of the strandings. An untended large-mesh 
gillnet was checked by enforcement

[[Page 50351]]

personnel, and a dead Kemp's ridley turtle was found entangled in the 
net.
    On December 10, 1999, NMFS issued an emergency rule closing 
southeastern Pamlico Sound to the use of gillnets larger than 5 inch 
(12.7 cm) mesh to protect endangered and threatened sea turtles (64 FR 
70196). Strandings decreased after implementation of the closure; 
however, many fishermen had stopped fishing for flounder prior to the 
closure. The decrease in fishing effort may have resulted in the 
decrease in strandings. The closure remained in effect through January 
9, 2000.

2000 Events

    NMFS officials met with some of the affected fishermen and the 
NCDMF Director on January 6, 2000, in Engelhard, N.C., to discuss the 
emergency closure. Many fishermen insisted that there was insufficient 
evidence to show that their fishery was primarily responsible for the 
sea turtle mortality. Some indicated that other factors, primarily the 
after-effects of Hurricanes Dennis and Floyd that had hit eastern North 
Carolina in August and September 1999, may have contributed to the 
turtle deaths. The fishermen acknowledged that they had fished large 
amounts of gear that season, up to 10,000 yards (9,140 m) and more 
typically 5,000 yards (4,570 m) each, but that the large amounts of 
gear were necessary to compete in the mostly unregulated fishery. The 
fishermen agreed that more observer information from the large-mesh 
gillnet fishery was necessary to describe the fishery's turtle bycatch. 
The NMFS officials explained the ESA prohibitions against takes of 
endangered species like the Kemp's ridley turtle. Without the 
incidental take authorization provided by a section 10(a)(1)(B) permit, 
additional illegal takes would likely result in the closure of the 
fishery again. The NCDMF Director told the fishermen that NCDMF would 
likely pursue a section 10 permit and would institute gear restrictions 
and an observer program for the 2000 season.
    NCDMF submitted an application to NMFS on June 21, 2000, for a 
section 10(a)(1)(B) permit to authorize the incidental take of sea 
turtles in the fall, large-mesh gillnet fishery in southeastern Pamlico 
Sound. NCDMF called this area the Pamlico Sound Gillnet Restricted Area 
(PSGNRA). NMFS announced the receipt of the permit application in the 
Federal Register on August 3, 2000 (65 FR 47715), and requested public 
comments through September 5, 2000. In response to comments from the 
public and NMFS, NCDMF provided additional details on their application 
and made some changes to their proposed management of the fishery under 
the permit. On October 5, 2000, NMFS issued permit 1259 to NCDMF, valid 
through December 15, 2000.
    The goal of the conservation plan, required to be submitted by 
applicants for ESA section 10(a)(1)(B) permits, for permit 1259 was for 
NCDMF to monitor sea turtle interactions in the fall large-mesh gillnet 
fishery in the PSGNRA and to implement management measures to reduce 
sea turtle mortality by 50 percent from September 15 through December 
15, compared to the levels seen in the strandings of 1999. Permit 1259 
set corresponding limits on the allowed levels of observed takes of sea 
turtles--both live and lethal takes--and documented strandings.
    NCDMF implemented registration and reporting requirements and 
yardage limitations (no more than 3,000 yards (2,743 m) of gillnet per 
fishing operation) for the large-mesh gillnet fishery in southeastern 
Pamlico Sound. NCDMF also placed observers aboard a portion of the 
large-mesh gillnet boats to be able to estimate the actual turtle take 
levels against the limits in the permit. During the fifth week of the 
season (October 14 to 20, 2000), the number of lethal captures of green 
sea turtles, based on the observer coverage, had exceeded the level 
allowed by Permit 1259. Stranding levels had not yet reached the 
maximum level allowed by Permit 1259. The NCDMF Director issued a 
fisheries proclamation closing the PSGNRA to gillnetting with mesh size 
of 5 inch (12.7 cm) or greater, effective October 27, 2000.
    From October 28 to December 15, 2000, 59 sea turtles (excluding 
live, cold-stunned animals) stranded within the PSGNRA. Although the 
PSGNRA was closed to gillnet fishing with nets with 5 inch (12.7 cm) or 
larger mesh, some fishermen re-equipped their nets with a 4\7/8\ inch 
(12.4 cm) mesh size to circumvent the closure and continued fishing and 
targeting flounder. Fishermen using 3 to 4 inch (7.6 to 10.2 cm) mesh 
gear to target seatrout or mackerel were also unaffected by the closure 
and continued to fish within the PSGNRA. Other fishermen simply moved 
their large-mesh gear slightly to the north or west of the boundaries 
of the PSGNRA and continued fishing immediately outside the closed 
area. The PSGNRA included the preferred fishing grounds for flounder, 
and the flounder catch rates for those fishermen who moved out of the 
PSGNRA were reportedly low. Since none of this fishing activity was 
authorized by the permit, NCDMF did not place observers aboard gillnet 
vessels in Pamlico Sound after the closure of the PSGNRA. Because of 
the demonstrated capture and mortality of sea turtles in large-mesh 
gillnets before the closure, NMFS believes that the continued, 
unmonitored gillnet fishing in and around the PSGNRA after the closure 
contributed to many of the subsequent sea turtle strandings.

Description of the Fishery

    The Pamlico Sound large-mesh gillnet fishery can be divided into 
two components--shallow-water and deep-water, which are distinguished 
by their fishing areas, seasons, tactics, participants, and vessel 
characteristics.
    The deep-water fishery operates from September through December 
with fishermen setting nets along a slope adjacent to the main basin of 
Pamlico Sound. Fishing depths in this area range from 10 to 20 feet 
(3.0 to 6.1 m). Vessels are typical ocean sink gillnet boats ranging 
from 25 to 45 feet (7.6 to 13.7 m) in length. Each vessel is operated 
by a two-man crew. Each vessel sets between 2,000 yards (1,828 m) and 
10,000 yards (9,140 m) of large-mesh (most often 5.5 to 6.5 inch (14.0 
to 16.5 cm)) gillnet, which are soaked for up to 3 days and retrieved 
with the aid of net reels. Net depths range from 8 to 12 feet (2.4 m to 
3.7 m) with tie-downs 2 to 4 feet (.61 to 1.2 m) long attached to the 
float and lead lines at 50 foot (15.2 m) intervals along the net. Tie-
downs are used in this fishery to produce a bag or pocket of webbing, 
which is believed to increase the catch efficiency for bottom-dwelling 
flounder. There were 25 active participants in this fishery during the 
2000 fishing season with most trips originating from Engelhard or Swan 
Quarter, N.C., and a small portion leaving from Hatteras, N.C. This 
fishery has developed within the past 10 years from what was initially 
only a few fishermen setting a few thousand yards of gillnet. Effort 
has steadily increased with more participants fishing more gear each 
year. During the past several years, gillnets have surpassed pound nets 
as the dominant gear for flounder in North Carolina's estuarine waters. 
Pound nets had long been the traditional means for harvesting flounder 
in North Carolina waters.
    Monitoring of the deep-water fishery during the 2000 fishing season 
consisted of 13.1 percent observer coverage within the PSGNRA with 35 
trips observed. Fourteen sea turtle interactions were observed 
involving four Kemp's ridleys, two greens, and eight loggerheads. Eight 
of these turtles were released alive; six were dead.

[[Page 50352]]

    The shallow-water fishery operates from April through December in 
areas next to the barrier islands in Pamlico Sound, extending both 
north and southwest of the PSGNRA along the Outer Banks. Most fishing 
in these areas occurs in depths of less than 3 feet (0.9 m). Vessels 
are usually open skiffs ranging from 15 to 25 feet (4.6 to 7.6 m) in 
length with one or two-man crews. Each fisherman typically sets 500 to 
2000 yards (457 to 1,828 m) of large-mesh (5.5 to 7.0 inch (14.0 to 
17.8 cm)) gillnet. The nets are soaked overnight and retrieved by hand. 
Tie-downs are not used in this fishery, but net depths range from 6 to 
11 feet (1.8 to 3.4 m) with sets occurring in depths less than 3 feet 
(0.9 m). This combination of water depth and net depth provides the 
same bag effect as the tie-down in the deep-water fishery. There were 
68 active participants that fished within the PSGNRA during the 2000 
fishing season. The shallow-water gillnet fishery is considered to be 
more traditional than the deep-water gillnet fishery.
    Monitoring during the 2000 fishing season consisted of 4.3 percent 
observer coverage of the shallow-water, large-mesh fishery within the 
PSGNRA with 37 trips observed. Four sea turtle interactions were 
observed. All were green turtles. Three were released alive; one was 
dead.

NCDMF's Section 10(a)(1)(B) Permit Application

    Permit 1259 was issued for the 2000 fall fishing season only and 
its authorization for incidental take expired when the authorized level 
was exceeded in October 2000. Although section 10(a)(1)(B) permits are 
generally issued for multi-year periods of time, NMFS and NCDMF 
believed that the newness of the fishery, the apparent high levels of 
turtle interaction, and the paucity of observer data for management 
decisions justified a single-year permit in 2000 to allow NCDMF to 
gather important information about bycatch issues in the fishery. NMFS, 
in issuing permit 1259, had to consider the effects of the permit on 
listed species, pursuant to sections 7(a)(2) and 7(b) of the ESA. The 
resulting biological opinion concluded that, as a one-year only event, 
the issuance of Permit 1259 and the fishery were not likely to 
jeopardize the continued existence of any listed species of sea turtle. 
The opinion did acknowledge, however, that additional, future permits 
might be sought by NCDMF for large-mesh gillnetting in Pamlico Sound, 
perhaps modified based on the outcome of the 2000 permit. NMFS would 
then have to consider the effects of the resulting take on a much 
longer-term basis prior to issuing any such permits.
    NMFS received an application for another ESA section 10(a)(1)(B) 
permit from NCDMF on August 9, 2001 that would allow NCDMF to manage 
both large-mesh and small-mesh gillnet fisheries and incidental sea 
turtle takings in Pamlico Sound in the 2001 season as an exemption to 
the ESA's prohibition on takes and as an exemption the closure 
instituted by this interim final rule. NMFS published a notice of 
receipt of NCDMF's application in the Federal Register on August 15, 
2001. NMFS requested public comments on the application for the 
required 30-day period, through September 14, 2001. NCDMF's proposed 
management period for the permitted activity is September 15 through 
December 15, 2001. Although NMFS will expedite the decision on issuance 
of the permit, the permit could not be issued prior to the proposed 
September 15 start date because of public notice and comments 
requirements of the ESA.
    The conservation plan in NCDMF's permit application includes the 
creation of three specified Shallow Water Gillnet Restricted Areas 
(SGNRAs) around the inside of the Outer Banks in Pamlico Sound and two 
inlet corridors at Hatteras and Ocracoke Inlets. Large- and small-mesh 
gillnet fishing operations in the SGNRAs will require a special permit 
from NCDMF, will be required to accept observers, and will be required 
to file weekly reports of fishing catch and effort to NCDMF. Large- and 
small-mesh gillnet fishing operations will be limited to a maximum of 
2,000 yards (1,835 m) of net. From September 15 through October 31, 
small-mesh gillnet fishing operations will be required to attend their 
nets. Large-mesh gillnetting will be prohibited by NCDMF in the inlet 
corridors from September 15 through December 15, 2001. On August 22, 
2001, the NCDMF Director issued a state fisheries Proclamation that 
implemented these management measures, effective September 15, 2001.
    NMFS has determined that NCDMF's permit application meets the 
issuance criteria. NMFS intends to issue the permit, simultaneously 
with the effective date of this interim final rule.

Closure of Large-Mesh Gillnet Fishing in Pamlico Sound

    Through this interim final rule, NMFS is closing the waters of 
Pamlico Sound, North Carolina, to fishing with gillnets with a mesh 
size larger than 4\1/4\ inches (10.8 cm) stretched mesh, from September 
15 through December 15. The closed area includes all inshore waters of 
Pamlico Sound south of 35 deg.46.3' N. lat. (the south side of Oregon 
Inlet), north of 35 deg.00' N. lat. (the south end of Portsmouth 
Island), and east of 76 deg.30' W. long. (a line of longitude which 
crosses the mouths of the Neuse River, Bay River, and Pamlico River). 
The Outer Banks and the COLREGS line form the seaward boundary of the 
closed area. The closed area includes all contiguous tidal waters to 
Pamlico Sound, within the stated boundaries. The large-mesh gillnet 
fishery in Pamlico Sound has been shown to take, including to capture 
and kill, numerous endangered and threatened sea turtles during their 
fall migration. NMFS is taking this action to prevent further takes of 
listed species in this fishery.
    Issuance of the section 10(a)(1)(B) permit to NCDMF would create an 
exemption to this closure for large-mesh gear fished in shallow water, 
pursuant to 50 CFR 223.206(a)(2), as long as permit conditions and the 
conservation plan are followed. The deep-water fishery, which has fewer 
participants yet catches and kills more sea turtles (based on NCDMF's 
2000 observer data), was not included in NCDMF's permit application, 
nor in their Proclamation, issued on August 22, 2001. Therefore, this 
closure is necessary to ensure the effective implementation of NCDMF's 
conservation plan by preventing large-mesh gillnet fishing in Pamlico 
Sound outside of the management of fishery by NCDMF under the 
conservation plan of the permit. In particular, this closure will 
prevent large-mesh gillnetting in deep-water areas, and it will prevent 
vessels from moving outside of the SGNRAs to avoid monitoring by NCDMF, 
as happened last year. This closure will also prevent illegal takings 
after the permit expires or the permit's incidental take limit is met 
or exceeded. NCDMF distributed a press release on August 22, 2001, that 
covered their Proclamation and gillnet restrictions and stated: ``It is 
anticipated NMFS will close the majority of deep-water areas of the 
Pamlico Sound to large-mesh gill nets later this fall.''

Request for Comments

    NMFS is considering issuance of a final rule establishing this 
seasonal closure each year as a permanent sea turtle conservation 
measure. Written public comments on this interim final rule must be 
postmarked or transmitted by facsimile by 5 p.m., Eastern Standard 
Time, on January 2, 2002 (see ADDRESSES). Comments are particularly 
sought on the area and season covered in this interim final rule and 
whether they should be changed or expanded. The NCDMF application 
specified a

[[Page 50353]]

September 15 to December 15 season for the fall gillnet fishery in 
Pamlico Sound, and this interim final rule applies only to that season 
and area for consistency with the state's action. NMFS is aware, 
however, that large-mesh gillnet fishing for flounder occurs in Pamlico 
Sound in the summer as well, when sea turtles would be expected to 
occur in the Sound in relatively high numbers. Adjacent Core Sound also 
has large-mesh gillnetting for flounder and contains important sea 
turtle habitat but is not included in the closed area in this interim 
final rule. Information and data on sea turtle-gillnet interactions in 
North Carolina inshore waters, including Core Sound, are specifically 
requested, as are suggested alternative approaches to minimizing the 
extent and effects of those interactions.
    Comments will be considered by NMFS in determining whether to adopt 
permanently, modify, or withdraw this interim final rule. NMFS intends 
to take final action on this issue early in 2002, to provide greater 
certainty and advance notice to the public before the 2002 fishing 
season. If significant changes to the interim final rule are needed, 
NMFS will first publish a proposed rule and seek additional public 
comment. If NMFS determines to adopt this interim final rule 
permanently, a final rule will be published in the Federal Register.

Classification

    NMFS prepared an Environmental Assessment (EA) for this interim 
final rule and the issuance of the ESA Section 10(a)(1)(B) permit to 
NCDMF and concluded that these regulations and issuance of the permit 
would pose no significant adverse environmental impact.
    The actions implemented by this interim final rule are expected to 
impact approximately 25 large-mesh, deep-water gillnet vessel owners 
and operators. Four alternatives were evaluated in the EA prepared for 
this interim final rule, including a status quo or ``no action'' 
alternative. For a description and analysis of the alternatives, 
readers should refer to the EA prepared for this interim final rule. 
The total cost to the fisheries for the primary target species--
southern flounder--is expected to be zero. The primary effect of this 
interim final rule will be a redistribution of catch from deep-water 
gillnet fishermen to shallow-water and small-mesh gillnet fishermen and 
pound net fishermen, and the overall fishing effort targeting southern 
flounder in Pamlico Sound is very high and capable of fully exploiting 
the resource. In 2000, gillnet landings exceeded the previous year's 
levels in spite of NCDMF's closure of the primary fishing grounds to 
gillnetting with gear greater than 5 inch (12.7 cm) mesh halfway 
through the season. Using worst-case assumptions, though, the 25 
primarily affected vessels may be faced with a loss of potential 
revenue of around $10,000 to $20,000 per year each, depending on fish 
prices. The affected vessels, however, are the largest in the fishery 
and have the greatest number of alternative fisheries, as they are 
essentially ocean-gillnet vessels. They are also the most recent 
entrants into the fishery. The vessels who would continue to fish under 
the provisions of the permit, on the other hand, are considered more 
traditional to the fishery, are generally smaller, and many of them 
cannot safely work outside the sheltered waters of the Sound.
    This interim final rule does not contain collection-of-information 
requirements subject to the Paperwork Reduction Act.
    This interim final rule has been determined to be not significant 
for purposes of Executive Order 12866.
    A biological opinion (BO) on the issuance of the ESA Section 
10(a)(1)(B) permit to NCDMF was finalized in September 2001. That BO 
concludes that issuance of the permit for the 2001 fishing season, with 
the conditions and limitations on total authorized levels of sea turtle 
capture and mortality, was not likely to jeopardize the continued 
existence of any species of sea turtle. This interim final rule 
implements measures that ensure that the proposed action takes place as 
considered in the BO. That is, the conclusion of the BO is based on the 
assumption that impacts to sea turtles in the fall 2001 Pamlico Sound 
gillnet fisheries will be limited to legally authorized takes, in 
accordance with the permit's conservation plan. This interim final rule 
is necessary to ensure that unauthorized takes do not occur in gillnet 
fisheries outside of NCDMF's conservation plan. The effects of the 
interim final rule itself on listed species are strictly beneficial, by 
preventing further takings.
    Given the status of the species to be protected and the fact that 
unauthorized takings of listed species of sea turtles are continuing to 
occur, the Assistant Administrator (AA), for good cause, under 5 U.S.C. 
553(b)(3)(B) finds that delaying this action to allow for prior notice 
and an opportunity for public comment would be impracticable and 
contrary to the public interest because providing public notice and 
opportunity for comment would prevent the agency from implementing this 
action in a timely manner to protect the listed sea turtles. This 
decision is based on the fact that large-mesh gillnet fishing is 
presently allowed without restriction throughout Pamlico Sound. On 
September 15, NCDMF issued a gillnet Proclamation which applies to the 
SGNRAs and inlet corridors along the southern and eastern edges of 
Pamlico Sound, but not to the remaining majority of Sound waters, 
especially the deep-water areas where sea turtle take and mortality 
have been demonstrated to be high. Large-mesh gillnet fishing effort is 
currently increasing as changing water temperatures cause flounder to 
move through the Sound. Sea turtles apparently respond similarly to the 
fall weather in Pamlico Sound, increasing their vulnerability to being 
captured and killed as the fishing effort also peaks. In 2000, 
strandings in North Carolina's coastal waters reached a new record 
level of 838 turtles. The continuation of sea turtle mortality along 
the North Carolina coast at such high levels would seriously threaten 
sea turtle populations, and this interim final rule is intended to 
address a major source of fishing-related sea turtle mortality. For the 
same reasons, the AA finds good cause also under 5 U.S.C. 553(d)(3) not 
to delay the effective date of this rule for 30 days. As prior notice 
and opportunity for public comment are not required to be provided for 
this interim 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.
    In keeping with the intent of Executive Order 13132 to provide 
continuing and meaningful dialogue on issues of mutual State and 
Federal interest, NMFS has conferred with the State of North Carolina 
regarding the development of NCDMF's endangered and threatened species 
incidental take permit application and the need for NMFS to implement a 
complementary closure to ensure the effectiveness of the State's 
conservation plan. NMFS has coordinated the timing of the publication 
of this interim final rule with the issuance of the ESA Section 
10(a)(1)(B) permit to NCDMF, which creates an exemption to the closure 
in this action. NMFS intends to continue to consult with the State of 
North Carolina during the implementation of this rule and NCDMF's 
management of sea turtle interaction in state water fisheries.

List of Subjects in 50 CFR Part 223

    Administrative practice and procedure, Endangered and threatened 
species, Exports, Imports, Reporting and recordkeeping requirements.


[[Page 50354]]


    Dated: September 27, 2001.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 223 is amended 
to read as follows:

PART 223--THREATENED MARINE AND ANADROMOUS SPECIES

    1. The authority citation for part 223 continues to read as 
follows:

    Authority: 16 U.S.C. 1531 et seq.


    2. In Sec. 223.206(d), add paragraph (d)(7) to read as follows:
* * * * *
    (d) * * *
    (7) Restrictions applicable to gillnet fisheries in North Carolina. 
No person may fish with gillnet fishing gear which has a stretched mesh 
size larger than 4\1/4\ inches (10.8 cm), from September 28, 2001 
through December 15, 2001, in the inshore waters of Pamlico Sound, 
North Carolina, and all contiguous tidal waters, bounded on the north 
by 35 deg.46.3' N. lat., on the south by 35 deg.00' N. lat., and on the 
west by 76 deg.30' W. long.

[FR Doc. 01-24722 Filed 9-28-01; 5:06 pm]
BILLING CODE 3510-22-P