[Federal Register Volume 67, Number 74 (Wednesday, April 17, 2002)]
[Rules and Regulations]
[Page 18833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9353]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 223

[Docket No. 991007270-2042-02; I.D. 090399E]
RIN 0648-AM89


Sea Turtle Conservation; Summer Flounder Trawling Requirements

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

ACTION: Final rule.

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SUMMARY: NMFS adopts as final, without change, an interim final rule 
that amends the regulations that require summer flounder trawlers to 
use Turtle Excluder Devices (TEDs) in waters off Virginia and North 
Carolina to reduce the incidental capture of endangered and threatened 
sea turtles. NMFS is requiring that any approved hard TED or special 
TED installed in a summer flounder trawl be installed in a TED 
extension (a cylinder of webbing in which the TED is installed). NMFS 
also is providing specifications for the TED extension and requiring 
that it be constructed of webbing no larger than 3.5-inch (8.9 cm) 
stretched mesh. The intent of this final rule is to prevent adverse 
impacts to turtles in the course of summer flounder trawling.

DATES: This final rule is effective May 17, 2002.

ADDRESSES: Requests for a copy of the environmental assessment (EA) 
prepared for the interim final rule should be addressed to the Chief, 
Endangered Species Division, Office of Protected Resources, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: David M. Bernhart (ph. 727-570-5312, 
fax 727-570-5517, e-mail [email protected]).

SUPPLEMENTARY INFORMATION: Through an interim final rule published 
October 15, 1999 (64 FR 55860), NMFS amended 50 CFR part 223 to require 
that an approved hard TED or special hard TED installed in a summer 
flounder trawl be installed in a TED extension. The interim final rule 
provided specifications for the length and webbing size of the required 
extension. The rationale for the regulatory amendment was provided in 
the preamble to the interim final rule and is not repeated here. 
Comments were requested. No comments were received.

Classification

    NMFS prepared an EA for the interim final rule which concluded that 
the rule would have no significant impact on the human environment. A 
copy of the EA is available (see ADDRESSES).
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    Because prior notice and comment were not required for the interim 
final rule or this final rule by U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., are inapplicable.
    This final rule does not contain a collection-of-information 
requirement for purposes of the Paperwork Reduction Act.
    Accordingly, the interim final rule amending 50 CFR part 223 that 
was published at 64 FR 55860 on October 15, 1999, is adopted as final 
without change.

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

    Dated: April 10, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs,National Marine 
Fisheries Service.
[FR Doc. 02-9353 Filed 4-16-02; 8:45 am]
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