[Federal Register Volume 67, Number 9 (Monday, January 14, 2002)]
[Rules and Regulations]
[Pages 1668-1669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-775]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 010710169-1169-01; I.D. 060401B]
RIN 0648-AP31


Atlantic Highly Migratory Species; Pelagic Longline Fishery; Sea 
Turtle Protection Measures

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

ACTION: Extension of expiration date and technical amendments.

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SUMMARY: NMFS amends the emergency rule extension regulations governing 
the Atlantic highly migratory species (HMS) fisheries that closed the 
Northeast Distant Statistical Reporting (NED) area, required 
modifications in deploying pelagic longline fishing gear, and requiring 
sea turtle handling and release guidelines for bottom and pelagic 
longline fisheries to be posted in the wheelhouse. This revision is 
needed to make the regulations consistent with the June 14, 2001, 
Biological Opinion (BiOp) on the Atlantic HMS Fishery Management Plan 
and its associated fisheries. The intent of this revision is to adjust 
the effective dates listed in the July 13, 2001, emergency rule and in 
the September 24, 2001, emergency rule revision.

DATES: The expiration date of the rule published September 24, 2001 at 
66 FR 48812 is extended from January 9, 2002 to July 8, 2002. The 
amendments in this rule are effective January 10, 2002, to July 8, 
2002. Comments must be received by February 28, 2002.

ADDRESSES: Written comments may be sent to Christopher Rogers, Acting 
Chief, NMFS Highly Migratory Species Management Division, 1315 East-
West

[[Page 1669]]

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 documents mentioned in this emergency rule revision 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 14, NMFS issued a 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 including an area closure and 
gear modifications.
    On July 13, 2001, NMFS issued an emergency rule (66 FR 36711) to 
implement the BiOp. Specifically, the regulation closed the NED 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 September 24, 2001 (66 FR 48812), the July 13, 2001, emergency 
rule was revised to adjust the requirement to post the sea turtle 
handling and release guidelines in the wheelhouse of all HMS permitted 
vessels. The safe handling guidelines are specific to longline 
interactions and would not be applicable to vessels using other gear 
such as seines or gillnets. Accordingly, NMFS revised the regulation to 
apply only to HMS permitted vessels having pelagic and bottom longline 
on board.
    On December 13, 2001 (66 FR 64378), NMFS published a regulation 
that extended the July 13, 2001, emergency rule for 180 days. This 
measure insures that the regulations do not lapse as NMFS prepares a 
proposed rule and environmental impact statement to implement the 
required measures of the BiOp. The emergency rule extension maintains 
the sea turtle protection measures through July 8, 2002.
    In extending the July 13, 2001, emergency rule, NMFS inadvertently 
omitted the September 24, 2001, revisions and the necessary references 
to the new effective dates. This emergency rule revision adjusts the 
effective dates established in the July 13, 2001, emergency rule and 
the September 24, 2001, emergency rule adjustment to make the effective 
dates consistent with the intent of the December 13, 2001, emergency 
rule extension.

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. This 
revision is necessary to maintain the intended effective dates of the 
December 13, 2001, emergency rule extension. An opportunity was 
provided for public comment on the extension of the emergency rule and 
on the BiOp that was the basis of the emergency rule. The AA, under 5 
U.S.C. 553(d)(3), finds that it would be contrary to the public 
interest to delay the effective date of these regulatory amendments. As 
the previously implemented regulations will expire on January 9, 2002, 
delaying the effectiveness of these amendments would create a lapse in 
the protection measures for the threatened and endangered sea turtles.
    Because prior notice and opportunity for public comment are not 
required for this emergency 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: January 7, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, 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.


Sec. 635.21  [Amended]

    2. In Sec. 635.21, paragraph (a)(4), added at 66 FR 48812, 
September 24, 2001, and extended by this rule is amended by removing 
``effective September 15, 2001, through January 9, 2002'' and adding 
``effective January 10, 2002, to July 8, 2002'' in its place.

    3. In Sec. 635.21, paragraph (c)(5)(iii), added at 66 FR 36711, 
July 13, 2001, and extended at 66 FR 64378, December 13, 2001, is 
amended by removing ``effective August 1, 2001, through January 9, 
2002'' and adding ``effective January 10, 2002, to July 8, 2002'' in 
its place.

    4. In Sec. 635.21, paragraph (c)(6)(v), added at 66 FR 36711, July 
13, 2001, and extended at 66 FR 64378, December 13, 2001, is amended by 
removing ``effective July 15, 2001, through January 9, 2002'' and 
adding ``effective January 10, 2002, to July 8, 2002'' in its place.
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[FR Doc. 02-775 Filed 1-19-02; 11:30 am]
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