[Federal Register Volume 67, Number 247 (Tuesday, December 24, 2002)]
[Rules and Regulations]
[Pages 78388-78392]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-32302]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 223

[Docket 020626160-2309-03; I.D. 061902C]
RIN 0648-AQ13


Taking of Threatened or Endangered Species Incidental to 
Commercial Fishing Operations

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 issuing an interim final rule to prohibit fishing with 
drift gillnets in the California/Oregon (CA/OR) thresher shark/
swordfish drift gillnet fishery in U.S. waters off southern California, 
south of Point Conception (34[deg]27' N.) and west to the 120[deg]W., 
from August 15 through August 31, and January 1 through January 31, 
when the Assistant Administrator for Fisheries publishes a notice that 
El Nino conditions are present. NMFS has determined that the incidental 
take of loggerhead sea turtles by this fishery correlates to the area 
and season being fished during these oceanographic conditions. Time and 
area closures will result in a reduction in the take of loggerhead 
turtles by the fishery and are necessary to avoid the likelihood of the 
CA/OR drift gillnet fishery jeopardizing the continued existence of the 
loggerhead population.

DATES: This interim final rule is effective January 23, 2003. Comments 
on this interim final rule must be postmarked or transmitted by 
facsimile by 5 p.m., Pacific Standard Time, on

[[Page 78389]]

February 7, 2003. Comments transmitted via e-mail or the Internet will 
not be accepted.

ADDRESSES: Send comments on this interim final rule to Tim Price, 
Protected Resources Division, National Marine Fisheries Service, 
Southwest Region, 501 West Ocean Boulevard, Suite 4200, Long Beach, CA 
90802-4213. Copies of the Environmental Assessment (EA) and biological 
opinion (BO) are available on the internet at http://swr.ucsd.edu/ or 
may be obtained from Tim Price, Protected Resources Division, National 
Marine Fisheries Service, Southwest Region, 501 West Ocean Boulevard, 
Suite 4200, Long Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: Tim Price, NMFS, Southwest Region, 
Protected Resources Division, (562) 980-4029.

SUPPLEMENTARY INFORMATION: All sea turtles that occur in U.S. waters 
are listed as either endangered or threatened under the Endangered 
Species Act (ESA). The loggerhead (Caretta caretta) is listed as 
threatened. Under the ESA and its implementing regulations (50 CFR 
223.205), taking threatened sea turtles, even incidentally, is 
prohibited, with exceptions identified in 50 CFR 223.206. The 
incidental take of threatened species may only be legally authorized by 
an incidental take statement in a biological opinion issued pursuant to 
section 7 of the ESA, an incidental take permit issued pursuant to 
section 10 of the ESA, or regulations under section 4(d) of the ESA. In 
order for an incidental take statement to be issued, the incidental 
take must be not likely to jeopardize the continued existence of listed 
species or destroy or adversely modify designated critical habitat.
    On October 24, 2000 (65 FR 64670, October 30, 2000), NMFS issued a 
permit, for a period of 3 years, to authorize the incidental, but not 
intentional, taking of four stocks of threatened or endangered marine 
mammals (Fin whale, California/Oregon/Washington stock; Humpback whale, 
California/Oregon/Washington-Mexico stock; Steller sea lion, eastern 
stock; and Sperm whale, California/Oregon/Washington stock) by the CA/
OR drift gillnet fishery under section 101(a)(5)(E) of the Marine 
Mammal Protection Act (MMPA) (16 U.S.C. 1371(a)(5)(E)).
    To authorize this incidental take of marine mammals listed under 
the ESA, NMFS completed a formal consultation as required by section 7 
of the ESA. This consultation also included an analysis of the effects 
of the CA/OR drift gillnet fishery on loggerhead turtles. On October 
23, 2000, NMFS issued a BO in which it determined that the then current 
operations of the CA/OR drift gillnet fishery were likely to jeopardize 
the continued existence of loggerhead turtles.
    To avoid the likelihood of the CA/OR drift gillnet fishery 
jeopardizing the continued existence of loggerhead turtles, NMFS 
developed a Reasonable and Prudent Alternative (RPA) in the BO that 
consists of prohibiting CA/OR drift gillnet vessels from fishing in 
U.S. waters off southern California, south of Point Conception 
(34[deg]27' N.) and west to the 120[deg]W., from August 15 through 
August 31, and January 1 through January 31, during a forecasted, or 
occurring, El Nino event. On September 20, 2002, NMFS published a 
proposed rule (67 FR 59243) to implement this RPA to protect loggerhead 
turtles.

Criteria for Determining El Nino Conditions

    Using the sea surface temperature anomaly charts available on the 
NOAA Coastwatch West Coast Regional Node web page at http://cwatchwc.ucsd.edu/ and observer data on loggerhead turtle 
entanglements, NMFS has developed criteria for determining whether El 
Nino conditions are present along southern California for the purpose 
of implementing the time and area closure identified in the October 
2000 BO. Under the criteria, NMFS uses the monthly sea surface 
temperature anomaly charts to determine whether there are warmer than 
normal sea surface temperatures present off of southern California 
during the months prior to August or January for years in which an El 
Nino event has been declared by the NOAA Climate Prediction Center. 
``Normal sea surface temperatures'' is the average of the monthly mean 
sea surface temperatures for 1950-97.
    All loggerhead turtles observed entangled in the CA/OR drift 
gillnet fishery during El Nino events were entangled during months in 
which the sea surface temperatures ranged from approximately 60[deg]F 
to 72[deg]F (15.6[deg]C to 22.2[deg]C) and sea surface temperatures 
differed from the average by approximately 0[deg]F to +4[deg]F (0[deg]C 
to +2.2[deg]C). The sea surface temperature during the month preceding 
each observed loggerhead entanglement was either greater than normal or 
equal to the normal sea surface temperature. The sea surface 
temperature during the third month and second month prior to each 
entanglement during an El Nino event was always greater than the normal 
sea surface temperature for that month. NMFS believes this is because 
warmer sea surface temperatures are necessary for loggerhead turtles to 
move into the area. There have been no observed entanglements in this 
fishery in which any one of the preceding 3 months were colder than 
normal.
    Based on this information, the need to allow sufficient lead time 
to publish a notice in the Federal Register announcing El Nino 
conditions prior to the start date of the closure, and the fact that 
the sea surface temperature charts for a recently completed given month 
are not available until the following month, NMFS is using sea surface 
temperature data from the third and second months prior to the month of 
the closure for determining whether El Nino conditions are present off 
of southern California. For example, NMFS evaluates sea surface 
temperatures for October and November to determine whether El Nino 
conditions in January will trigger a closure to conserve loggerhead 
turtles. Specifically, if an El Nino has been declared for equatorial 
waters and the sea surface temperatures off southern California during 
this 2-month time period are greater than normal, NMFS will publish a 
Federal Register notice with the determination that El Nino conditions 
are forecast off of southern California for the purpose of implementing 
the time and area closure to protect loggerhead turtles. If the sea 
surface temperatures are normal or below normal and the Assistant 
Administrator has previously published a Federal Register notice 
indicating that El Nino conditions are present off southern California, 
the Assistant Administrator will publish an additional Federal Register 
notice indicating that El Nino conditions are no longer present for 
purposes of implementing the closure.

January 2003 El Nino Determination

    On December 12, 2002, NOAA Climate Prediction Center issued an 
updated El Nino report which indicated that sea surface temperature 
anomalies increased in equatorial waters. However, sea surface 
temperatures off of southern California are not expected to attain 
positive sea surface temperature anomalies until early Spring 2003. 
Using the criteria set forth above, NMFS has determined that El Nino 
conditions are not present for purposes of implementing the time and 
area closure for January 2003. This determination is based on the 
October and November monthly sea surface temperature anomaly charts 
which show ocean waters off southern California were -2[deg] and -
1[deg]F (-1.1[deg]C and -0.6[deg]C) below normal respectively. Based on 
these

[[Page 78390]]

data, the conditions do not meet the criteria that the preceding second 
and third month sea surface temperatures prior to the month of January 
are greater than normal. Therefore, the U.S. waters off southern 
California, south of Point Conception (34[deg]27' N.) and west to the 
120[deg]W., will remain open to drift gillnet fishing between January 1 
through January 31, 2003.

Alternate Time and Area Closure

    In response to a recommendation by the Pacific Offshore Cetacean 
Take Reduction Team (TRT), NMFS conducted a preliminary review of 
observer data to determine whether an alternate closure in June, July, 
and August would offer the same or better protection than the closure 
during January 1 through 31 and August 15 through 31. NMFS reviewed 
observer data from the two most recent El Nino events (1992/1993 and 
1997/1998). Using this information, NMFS reviewed the number of 
observed entanglements of loggerhead turtles that occurred during the 
months of January, June, July, and August, and calculated the average 
interaction rate for each of these months. By averaging the most recent 
3 years of fishing effort (1999-2001), NMFS estimated future monthly 
effort in the fishery and calculated preliminary estimates of 
loggerhead turtle entanglements by month. Based on limited observer 
data, preliminary analysis indicates that a closure in June, July, and 
August may provide the same or better protection for loggerhead 
turtles. The loggerhead turtle interaction rate is higher during the 
summer months than in January, but fishing effort is low during the 
summer months. Also, observer data during the summer months is limited. 
NMFS is continuing to evaluate this alternate closure and is soliciting 
comment on this management regime.

Comments on the Proposed Rule

    NMFS received five letters on the proposed rule. Three were in 
support of the time and area closure and two were opposed to the time 
and area closure. In addition, NMFS received comments from the TRT at 
its May 2002 meeting.
    Comment 1: One commenter requested that NMFS require fleet-wide 
satellite vessel monitoring systems as part of the final rule to 
enforce area closures.
    Response: Requiring vessels to install vessel monitoring systems 
was not part of the proposed action or a term and condition of the 
incidental take statement or RPA. At this time, based on 20 percent 
observer coverage, California Department of Fish and Game logbook data, 
review of fish landing tickets, and the cooperation of the U.S. Coast 
Guard, NMFS does not believe vessel monitoring systems will be 
necessary to successfully enforce these closures.
    Comment 2: One commenter requested that NMFS continue its observer 
program at 20 percent and to continue its support for ongoing research 
on the distribution of sea turtles in the Pacific Ocean to determine 
which habitats and migratory routes these species use.
    Response: NMFS intends to continue monitoring the CA/OR drift 
gillnet fishery targeting swordfish and thresher shark at 20 percent 
observer coverage and continue its support for research on the 
distribution of sea turtles in the Pacific to determine which habitats 
and migratory routes they use.
    Comment 3: One commenter felt that NMFS' use of 3,000 sets as an 
estimate of annual fishing effort in the October 2000 BO was 
unrealistically high.
    Response: At the time the BO was prepared, 3,000 sets was a 
reasonable estimate to predict future fishing effort based on a 3-year 
average using 1997, 1998, and 1999 data. NMFS is aware that fishing 
effort has continued to decline. Based on fishing effort estimates 
prepared by California Department of Fish and Game, the annual number 
of sets for 2000 and 2001 was 1,936 and 1,482 respectively. For the 
next consultation on the fishery, NMFS will use updated estimates to 
predict future fishing effort.
    Comment 4: One commenter suggested moving the northern boundary of 
the closed area to 32[deg]45' N. and the western boundary to 
119[deg]30W.
    Response: Although there have been no observed loggerhead turtles 
taken in ocean waters north of 32[deg]45' N. during El Nino events or 
west of 119[deg]30' W., this does not mean that loggerhead turtles are 
not present in this area. Specifically, during El Nino events, NMFS has 
limited observer data for this area, with only 77 observed sets in the 
area east of 120[deg]W. and north of 32[deg]45' N. and 14 sets between 
120[deg]W. and 119[deg]30W. south of 32[deg]45' N. Therefore, the lack 
of an observed take in this area may be the result of fewer 
observations in this area during the summer months of El Nino events. 
Based on the limited data, NMFS believes the proposed boundaries are 
not unnecessarily broad.
    Comment 5: One commenter indicated that the time and area closure 
does not address the incidental take of loggerhead turtles outside of 
El Nino events.
    Response: Although one loggerhead turtle was observed taken outside 
of an El Nino event, NMFS believes this event was an exception and a 
random event which is not representative of future anticipated takes. 
Specifically, the animal was taken during a month in which the sea 
surface temperature was -2[deg]F (-1.1[deg]C) cooler than normal.
    Comment 6: One commenter expressed concern that the regulations to 
implement the time and area closure to protect loggerhead turtles were 
not implemented by August 2001, as recommended in the BO.
    Response: As explained in previous Federal Register notices (66 FR 
44549, August 24, 2001; 67 FR 59245, September 20, 2002), the 
regulations to implement the loggerhead time and area closure need to 
be in place if El Nino conditions are predicted or are occurring during 
the month of January or between August 15 and August 31 off the coast 
of California where loggerhead interactions with the CA/OR drift 
gillnet fishery have been documented. However, sea surface temperatures 
off of southern California are not expected to attain positive sea 
surface temperature anomalies until early Spring 2003.
    Comment 7: One commenter recommended that the CA/OR drift gillnet 
fishery be managed using an ecosystem approach rather than a piecemeal 
approach, like NMFS' actions to date.
    Response: Although the CA/OR drift gillnet fishery is managed 
primarily by the State of California, NMFS has implemented regulations 
under section 118 of the MMPA to reduce the incidental mortality and 
serious injury of strategic marine mammal stocks based upon the 
recommendations from the TRT. In addition, NMFS has implemented 
regulations under the ESA to address the incidental take of listed 
marine mammal and sea turtle species. In the future, the fishery might 
be regulated by NMFS under the Highly Migratory Species Fishery 
Management Plan that has been adopted by the Pacific Regional Fishery 
Management Council (but has not yet been submitted to, or approved by, 
NMFS).
    Comment 8: One commenter requested that NMFS analyze the potential 
take of listed species such as the blue whale, Guadalupe fur seal, 
right whale, and sei whale, which are likely to occur inside the area 
where the fishery operates, although there have been no observed takes 
of these species in the CA/OR drift gillnet fishery.
    Response: In completing the analysis in the BO, NMFS used the best 
available information. NMFS agrees the absence of documented take does 
not eliminate the possibility of a future take. However, if future 
takes are detected, these will be addressed in subsequent biological

[[Page 78391]]

opinions based on available data at the time.
    Comment 9: One commenter requested that NMFS complete a formal 
rulemaking for the implementation of regulations to address the 
incidental take of green (Chelonia mydas) and olive ridley 
(Lepidochelys olivacea) turtles as well as the long-term ecosystem 
impacts of shark mortality associated with the CA/OR drift gillnet 
fishery.
    Response: Since the inception of the observer program, NMFS has 
observed one green turtle and one olive ridley turtle interaction with 
the CA/OR drift gillnet fishery. Based on these two observations, NMFS 
is unable to complete meaningful analysis that would lead to useful 
regulations. The Highly Migratory Species Fishery Management Plan under 
development by the Pacific Regional Fishery Management Council would, 
if approved, allow NMFS to manage the fishery for the incidental take 
of shark species.
    Comment 10: One commenter requested that NMFS provide a more 
meaningful definition of El Nino conditions by focusing on the 
conditions that need to be present in order for an El Nino to be 
declared for purposes of implementing the time and area closure.
    Response: NMFS developed criteria outlined in the supplementary 
information section of this interim final rule.
    Comment 11: One commenter indicated that the standard used to 
determine whether El Nino conditions are present in the waters off 
southern California should include the presence of prey which may 
affect the migratory patterns of loggerhead turtles in addition to sea 
surface temperatures.
    Response: NMFS does not have sufficient real-time data on prey 
species abundance off southern California to include this parameter as 
a criteria for determining whether El Nino conditions are present.
    Comment 12: One commenter indicated that the rule should include a 
periodic review of oceanic conditions to determine whether the closure 
to protect loggerhead turtles should be lifted if El Nino conditions 
are no longer present.
    Response: As written, the regulatory text of this rule clearly 
states that the Assistant Administrator will issue a notice when El 
Nino conditions are no longer present. The criteria that will be used 
are explained in this preamble, above. To accomplish this, NMFS will 
conduct a periodic review of oceanic conditions.
    Comment 13: One commenter proposed that the January closure be 
replaced with a closure of June, July and August 1 through 14 and that 
the northern boundary of the closed area be moved to 32[deg]45' N and 
the western boundary be moved to 119[deg]30' W.
    Response: NMFS is considering adjusting the management regime 
according to this proposal although the analysis has not been 
completed. However, preliminary analysis on this recommendation is 
discussed elsewhere in the Supplementary Information section of this 
interim final rule. Moving the northern and western boundaries of the 
area closure is discussed under comment 5.
    Comment 14: One commenter indicated that NMFS incorrectly 
calculated the effectiveness of the time and area closure in the BO 
because NMFS mistakenly included two loggerhead turtles inside the time 
and area closure when they were actually taken outside of the time and 
area closure. As a result, the percent reduction in loggerhead 
interactions with the time and area closure is reduced from 65 percent 
to 53 percent.
    Response: NMFS agrees that there were two loggerhead turtles 
mistakenly reported inside the time and area closure and the correct 
percent reduction of the time and area closure is 53 percent.
    Pacific Offshore Cetacean Take Reduction Team Recommendations
    Comment 15: The TRT recommended that NMFS implement a time and area 
closure during the months of June, July, and August instead of August 
15 through August 31, and January 1 through January 31. This 
recommendation was based on the number of loggerhead turtle 
interactions that have occurred during these months, the limited 
fishing effort during this time period, and the apparent higher 
entanglement rate.
    Response: NMFS is considering this alternative. The preliminary 
analysis is discussed elswhere in the Supplementary Information section 
of this interim final rule.
    Comment 16: The TRT recommended that NMFS more clearly define what 
constitutes El Nino conditions that trigger loggerhead restrictions. 
Specifically, the TRT recommended that NMFS determine if there are 
specific local conditions or a particular strength of an El Nino that 
correlate with an increased take of loggerhead turtles in the fishery.
    Response: The criteria NMFS is using to determine El Nino 
conditions are explained in this interim final rule (see above).
    Comment 17: The TRT recommended that research be conducted on the 
movement patterns of loggerhead sea turtles off southern California 
during El Nino years and their habitat preferences (including water 
temperature and prey). This information should also be factored into 
future agency decisions regarding measures for reducing mortality and 
entanglement of loggerhead turtles.
    Response: NMFS equipped five loggerhead turtles off Baja California 
with satellite transmitter tags that provide location and dive data. In 
addition, NMFS intends to continue tagging loggerhead turtles off Baja 
California in subsequent years. These data will be used in future 
agency decisions.
    Comment 18: If NMFS does not accept the TRT's recommendation to 
replace the January closure with a closure from June, July, and August 
1 to August 14, the TRT recommends that the northern limit of the 
loggerhead closure area be shifted from Point Conception to 33[deg]N. 
If a loggerhead entanglement occurs north of 33[deg]N in the CA/OR 
drift gillnet fishery in an El Nino year, the closure area would revert 
to Point Conception for that January and August and for that period of 
subsequent El Nino years.
    Response: See response to comment 4.
    The regulatory text of this interim final rule is identical to the 
regulatory text of the proposed rule (67 FR 59243, September 20, 2002).

Classification

    NMFS prepared an EA (August 13, 2001) and a supplement to the EA 
for this interim final rule and concluded that these regulations would 
have no significant impact on the human environment. In addition to the 
status quo and the time and area closures indentified in this interim 
final rule, NMFS examined several alternatives for reducing or 
eliminating sea turtle entanglements when developing measures to avoid 
the incidental take of sea turtles. NMFS searched for a strategy which 
would provide the most certainty in reducing or eliminating 
entanglements upon implementation. These strategies included: (1) 
reducing fishing effort through gear modifications; (2) reducing 
fishing effort by decreasing the number of vessels; (3) increasing 
survival of entangled sea turtles; (4) implementing gear modifications 
to reduce interactions; and (5) changing fishing practices such as 
shorter soak times. These alternatives were not considered further 
because NMFS could not be certain that singularly or together they 
would result in a significant reduction in the level of take and 
mortality of sea turtles.

[[Page 78392]]

    The actions implemented by this interim final rule are expected to 
impact approximately 81 CA/OR drift gillnet vessel owners and 
operators, representing approximately 500 fishing sets annually. For a 
description and a detailed economic analysis of the CA/OR drift gillnet 
fishery, readers should refer to the August 13, 2001, EA prepared for 
this rule which incorporates the regulatory flexibility analysis. The 
total gross revenue loss to the CA/OR drift gillnet fleet resulting 
from the time and area closures in this proposed rule is expected to be 
$440,000 for an El Nino year. This revenue loss to the fishery is a 
worst-case scenario based on the assumption that none of the fishing 
effort will shift to ocean areas that remain open to fishing. 
Loggerhead time and area closures during the month of January are 
expected to have the greatest impact on the fishery because the 
oceanographic conditions that favor swordfish during January are 
generally located along the coast. In this scenario, the reduction in 
total gross revenues is not expected to exceed $5,400 per vessel per El 
Nino year. This estimate is based on California Department of Fish and 
Game landing receipts for the period between August 15 through August 
31, and January 1 through January 31, using data from 1997 to 2000. On 
average, during these time periods, approximately $6,300 of louvar, 
$17,700 of mako shark, $20,300 of opah, $345,300 of swordfish, and 
$49,100 of thresher shark are landed. NMFS did not receive comments on 
the detailed economic analysis and alternatives on the EA prepared for 
this interim final rule.
    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 significant for 
purposes of Executive Order 12866.
    A BO on the issuance of a marine mammal permit under section 
101(a)(5)(E) of the MMPA was issued on October 23, 2000. That BO 
concluded that issuance of a permit and continued operation of the CA/
OR drift gillnet fishery was likely to jeopardize the continued 
existence of loggerhead turtles. This interim final rule implements the 
RPA to protect loggerhead turtles. NMFS has determined that the time 
and area closure identified in the BO is expected to avoid the 
likelihood of jeopardizing the continued existence of the loggerhead 
species.
    In keeping with the intent of the Executive Order 12612 to provide 
continuing and meaningful dialogue on issues of mutual State and 
Federal interest, NMFS has conferred with the States of California and 
Oregon regarding the implementation of the RPA. Both California and 
Oregon have expressed support for the measures identified in the BO for 
the protection of leatherback and loggerhead sea turtle species. NMFS 
intends to continue engaging in informal and formal contacts with the 
States of California and Oregon during the implementation of this RPA 
and development of the Fishery Management Plan for U.S. West Coast 
Fisheries for Highly Migratory Species.

    Dated: December 16, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

List of Subjects in 50 CFR Part 223

    Endangered and threatened species, Exports, Imports, Marine 
Mammals, Transportation.

    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. 1531-1543; subpart B, Sec.  223.12 also 
issued under 16 U.S.C. 1361 et seq.

    2. In Sec.  223.206, paragraph (d)(6) is revised to read as 
follows:


Sec.  223.206  Exceptions to prohibitions relating to sea turtles.

* * * * *
    (d) * * *
    (6) Restrictions applicable to the California/Oregon drift gillnet 
fishery--(i) Pacific loggerhead conservation area. No person may fish 
with, set, or haul back drift gillnet gear in U.S. waters of the 
Pacific Ocean south of 34[deg]27' N. (Point Conception, California) and 
west to 120[deg]W. from January 1 through January 31 and from August 15 
through August 31 during a forecasted, or occurring, El Nino event.
    (ii) Determination and notification concerning an El Nino event. 
The Assistant Administrator will publish a notification that an El Nino 
event is occurring off of or is forecast for the coast of southern 
California and the requirement for time area closures in the Pacific 
loggerhead conservation zone in the Federal Register and will announce 
the notification in summary form by other methods as the Assistant 
Administrator determines are necessary and appropriate to provide 
notice to the California/Oregon drift gillnet fishery. The Assistant 
Administrator will rely on information developed by NOAA offices which 
monitor El Nino events, such as NOAA's Climate Prediction Center and 
the West Coast Office of NOAA's Coast Watch program, and by the State 
of California, in order to determine whether to publish such a notice. 
The requirement for the area closures from January 1 through January 31 
and from August 15 through August 31 will remain effective until the 
Assistant Administrator issues a notice that the El Nino event is no 
longer occurring.
* * * * *
[FR Doc. 02-32302 Filed 12-23-02; 8:45 am]
BILLING CODE 3510-22-S