[Federal Register Volume 67, Number 116 (Monday, June 17, 2002)]
[Rules and Regulations]
[Pages 41196-41204]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15182]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 222 and 223

[Docket No. 020319061-2122-02; I.D. 031402B]
RIN 0648-AP81


Sea Turtle Conservation Measures for the Pound Net Fishery in 
Virginia Waters

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 prohibiting the use of all pound net leaders measuring 
12 inches (30.5 cm) and greater stretched mesh and all pound net 
leaders with stringers in the Virginia waters of the mainstem 
Chesapeake Bay effective immediately through June 30 and then from May 
8 to June 30 each year. The affected area includes all Chesapeake Bay 
waters between the Maryland and Virginia state line (approximately 
38 deg. N. lat.) and the COLREGS line at the mouth of the Chesapeake 
Bay, and the waters of the James River, York River, and Rappahannock 
River downstream of the first bridge in each tributary. NMFS is also 
imposing year round reporting and, when requested, monitoring 
requirements for the Virginia pound net fishery. This action, taken 
under the Endangered Species Act of 1973 (ESA), is necessary to 
conserve sea turtles listed as threatened or endangered and to enable 
the agency to gather further information about sea turtle interactions 
in the pound net fishery.

DATES: Effective June 12, 2002, with the exception of 50 CFR 
223.206(d)(2)(v)(C), which requires approval by the Office of 
Management and Budget pursuant to the Paperwork Reduction Act. The 
effective date of 50 CFR 223.206(d)(2)(v)(C) will be announced in the 
Federal Register.
    Comments on this interim final rule are requested, and must be 
received at the appropriate address or fax number (ADDRESSES) by no 
later than 5 p.m., eastern daylight time, on July 17, 2002.

ADDRESSES: Written comments on this action or requests for copies of 
the literature cited, the Environmental Assessment (EA), or Regulatory 
Impact Review (RIR) should be addressed to the Assistant Regional 
Administrator for Protected Resources, NMFS, One Blackburn Drive, 
Gloucester, MA 01930. Comments and requests for supporting documents 
may also be sent via fax to 978-281-9394. Comments will not be accepted 
if submitted via e-mail or the Internet.

FOR FURTHER INFORMATION CONTACT: Mary A. Colligan (ph. 978-281-9116, 
fax 978-281-9394), or Barbara A. Schroeder (ph. 301-713-1401, fax 301-
713-0376).

SUPPLEMENTARY INFORMATION:

Background

    Pound net leaders with greater than or equal to 12 inches (30.5 cm) 
stretched mesh and leaders with stringers have been documented to 
incidentally take sea turtles (Bellmund et al., 1987). High strandings 
of threatened and endangered sea turtles are documented on Virginia 
beaches each spring, and the magnitude of the stranding event has

[[Page 41197]]

increased in recent years. No cause of mortality is immediately 
apparent for the majority of turtles that strand in Virginia, but the 
circumstances surrounding the recent stranding events are consistent 
with fishery interactions. In 2001, NMFS explored the various mortality 
sources potentially contributing to the high annual stranding event. 
While a number of fisheries may contribute to sea turtle strandings, 
based upon the best available information, pound net leaders were a 
likely contributor to high sea turtle strandings in Virginia in May and 
June of 2001. The documented incidental take of sea turtles in leaders, 
the ability of leaders to continue to take sea turtles in the future, 
and the annual high mortality of sea turtles in Virginia in May and 
June are of particular concern because approximately 50 percent of the 
Chesapeake Bay loggerhead foraging population is composed of the 
northern subpopulation, a subpopulation that may be declining. In 
addition, recently most of the stranded turtles have been juveniles, a 
life stage found to be critical to the long term survival of the 
species. This action is necessary to provide for the conservation of 
threatened and endangered turtles by minimizing incidental take in the 
Virginia pound net fishery during the spring. Details concerning the 
justification for the pound net leader restriction regulations and the 
high sea turtle stranding events in Virginia were provided in the 
preamble to the proposed rule (67 FR 15160, March 29, 2002) and are not 
repeated here.

Approved Measures

    To conserve sea turtles, the Assistant Administrator, NOAA, (AA) 
prohibits the use of all pound net leaders measuring 12 inches (30.5 
cm) or greater stretched mesh and all pound net leaders with stringers 
in the Virginia waters of the mainstem Chesapeake Bay and portions of 
the Virginia tributaries from May 8 to June 30 each year. The area 
where this gear restriction applies includes the Virginia waters of the 
mainstem Chesapeake Bay from the Maryland-Virginia state line 
(approximately 37 deg. 55' N. lat., 75 deg. 55' W. long.) to the 
COLREGS line at the mouth of the Chesapeake Bay; the James River 
downstream of the Hampton Roads Bridge Tunnel (I-64; approximately 
36 deg. 59.55' N. lat., 76 deg. 18.64' W. long.); the York River 
downstream of the Coleman Memorial Bridge (Route 17; approximately 
37 deg. 14.55' N. lat, 76 deg. 30.40' W. long.); and the Rappahannock 
River downstream of the Robert Opie Norris Jr. Bridge (Route 3; 
approximately 37 deg. 37.44' N. lat, 76 deg. 25.40' W. long.).
    This prohibition of pound net leaders is effective upon filing 
through June 30 for this year, and from 12:00 a.m. local time on May 8 
through 11:59 p.m. local time on June 30 each subsequent year. For the 
duration of this gear restriction, fishermen are required to stop 
fishing with pound net leaders measuring 12 inches (30.5 cm) or greater 
stretched mesh and pound net leaders with stringers in the designated 
area.
    In addition to establishing the annual restriction on leader mesh 
size and leaders with stringers, this interim final rule also 
establishes year-round reporting (enforceable after OMB approval 
pursuant to the Paperwork Reduction Act (PRA)) and monitoring 
requirements for this fishery.
    This interim final rule also establishes a framework mechanism by 
which NMFS may make changes to the restrictions and/or their effective 
dates on an expedited basis in order to respond to new information and 
protect sea turtles. Under this framework mechanism, if NMFS believes 
based on, for example, vessel reports, observer information, or water 
temperature and the timing of sea turtles' migration, that sea turtles 
may still be vulnerable to entanglement in pound net leaders after June 
30, the AA may extend the effective dates of the prohibition 
established by this regulation. Should an extension of the effective 
dates of the prohibition of pound net leaders measuring 12 inches (30.5 
cm) or greater stretched mesh and pound net leaders with stringers be 
necessary, NMFS would issue a final rule to be effective upon 
publication in the Federal Register explicitly stating the duration of 
the extension of the prohibition. Under this framework provision, such 
an extension would not exceed thirty days, or beyond July 30. Should 
NMFS determine that this gear restriction needs to be in place at other 
times of the year, NMFS would take action either pursuant its emergency 
rulemaking authority under the ESA or under the Administrative 
Procedure Act, but not under the framework mechanism established by 
this rule.
    NMFS intends to continue to monitor sea turtle stranding levels and 
other fisheries active in the Virginia Chesapeake Bay and ocean waters, 
including pound net leaders with a stretched mesh size measuring less 
than 12 inches (30.5 cm). If monitoring of pound net leaders during the 
time frame of the gear restriction, May 8 through June 30 of each year, 
reveals that one sea turtle is entangled alive in a pound net leader 
less than 12 inches (30.5 cm) stretched mesh or that one sea turtle is 
entangled dead and NMFS determines that the entanglement contributed to 
its death, then NMFS may determine that additional restrictions are 
necessary to conserve sea turtles and prevent entanglements. Such 
additional restrictions may include reducing the allowable mesh size 
for pound net leaders or prohibiting all pound net leaders regardless 
of mesh size in Virginia waters. Should NMFS determine that an 
additional restriction is warranted, NMFS would immediately file a 
final rule with the Office of the Federal Register. Such a rule would 
explicitly state the new mandatory gear restriction as well as the time 
period, which may also be extended for up to 30 days by a final rule 
pursuant to this framework mechanism. The area where additional gear 
restrictions would apply includes the same area as the initial 
restriction, namely the Virginia waters of the mainstem Chesapeake Bay 
from the Maryland-Virginia State line (approximately 38 deg. N. lat.) 
to the COLREGS line at the mouth of the Chesapeake Bay, and portions of 
the James River, the York River, and the Rappahannock River.

Comments and Responses

    On March 29, 2002, NMFS published a proposed rule that would 
prohibit the use of all pound net leaders measuring 12 inches (30.5 cm) 
and greater stretched mesh and all pound net leaders with stringers in 
the Virginia waters of the mainstem Chesapeake Bay from May 8 to June 
30 each year. Comments on this proposed action were requested through 
April 15, 2002. Nine comment letters were received during the public 
comment period for the proposed rule. NMFS considered these comments on 
the proposed rule as part of its decision making process. A complete 
summary of the comments and NMFS' responses, grouped according to 
general subject matter, is provided here.

General Comments

    Comment 1: Six commenters supported the adoption of the proposed 
regulations to ensure sea turtle populations are not further 
compromised in the Virginia Chesapeake Bay.
    Response: NMFS agrees that the restriction of pound net leaders is 
necessary to conserve sea turtles listed as threatened or endangered 
under the ESA.
    Comment 2: Two commenters stated that the proposed pound net 
restrictions may not be effective at reducing spring sea turtle 
strandings in Virginia waters. Both commenters suggested NMFS

[[Page 41198]]

consider the contribution of other fisheries active in Virginia during 
the spring to the high turtle strandings.
    Response: NMFS does not believe that pounds nets are the sole 
source of spring turtle mortalities in Virginia. NMFS does believe that 
pound nets play a role in the annual spring stranding event. 
Prohibiting a gear type known to entangle sea turtles, leaders with 
greater than or equal to 12 inches (30.5 cm) stretched mesh and leaders 
with stringers, will protect sea turtles from entanglement in pound net 
leaders while minimizing the impacts to the pound net fishery. However, 
should sea turtle entanglement in compliant pound net leaders occur, 
NMFS may enact additional management measures as appropriate.
    Based upon available information, it does not appear that another 
fishery was a significant contributor to the high strandings exhibited 
in 2001. In fact, a number of the fisheries active in the spring had 
adequate observer coverage, and few turtle takes were observed. 
However, NMFS recognizes that variations in fishery-turtle interactions 
may occur in any given year, and is committed to continued monitoring 
of fisheries active in Virginia state waters. Again, it should be 
stressed that NMFS believes that high spring strandings may be a result 
of an accumulation of factors, most notably fishery interactions, but 
pound net leaders are known to take sea turtles and likely contribute 
to the overall strandings.
    Comment 3: Three comments were received on the timing of the 
regulations, namely May 8 to June 30. Two commenters supported the time 
frame of the restrictions. One commenter felt that the time frame of 
the restrictions was too long given the distribution of strandings in 
Virginia waters, and suggested a time period of approximately late May 
to mid-June.
    Response: NMFS believes that, given the available information, the 
time period for the pound net restrictions is appropriate. From 1994 to 
2001, the average date of the first reported stranding in Virginia was 
May 15. However, sea turtle mortality would have occurred before the 
animals stranded on Virginia beaches. While the peak of the spring 
strandings may occur later in May, historical strandings data indicate 
that sea turtle mortality begins in early May and regulations should be 
in effect as close to that time as possible if sea turtle protection 
measures are to be effective at reducing takes in leaders and 
strandings. In order for the proposed pound net restrictions to reduce 
sea turtle interactions with pound net leaders and reduce subsequent 
strandings on Virginia beaches, the proposed measures should go into 
effect at least 1-week prior to the stranding commencement date, or on 
May 8 each year. Information submitted with one of the comments shows 
that in approximately 7 years prior to 1994, the date of the first 
turtle stranding was earlier than May 15. This supports the 
implementation of the leader restrictions in early May.
    Strandings data from 1999 to 2001 show that the state of 
decomposition for the majority of stranded turtles progresses with the 
season, suggesting that most turtles stranding in later June may have 
been subjected to mortality sources earlier in the season (Mansfield et 
al., 2002). Turtles stranding in June may have been dead for anywhere 
from a few days to two weeks. Whether the differences in decomposition 
levels by week are statistically significant remains to be determined. 
Based on historical Sea Turtle Stranding and Salvage Network (STSSN) 
stranding data, strandings in Virginia typically remain elevated until 
June 30, indicating that turtles may be vulnerable to entanglement in 
pound net leaders until this time. Implementing management measures for 
only a 3 to 4-week period (ending in approximately early to mid-June) 
may result in a large number of sea turtles remaining vulnerable to 
pound net leader entanglement after the restrictions are lifted. 
Furthermore, information submitted with one of the comments shows that 
the stranding peak persists until late June in some years. In some 
years the peak period of high strandings may be shorter than the time 
period of the regulations, but historically, high sea turtle strandings 
have been documented throughout the proposed time period of the leader 
restrictions. Implementation of the gear restrictions from May 8 to 
June 30 will account for stranding peak variability among years and is 
expected to prevent the occurrence of sea turtle takes in the pound net 
fishery in the spring and reduce the high numbers of strandings in 
Virginia. NMFS retains the option to lift the restriction if 
information such as stranding levels, monitoring, or observations of 
turtles, suggests that it would be appropriate.
    Comment 4: One commenter suggested that the initiation of large 
mesh and stringer prohibitions coincide with 16 deg.C surface water 
temperature.
    Response: While monitoring surface water temperature and 
implementing restrictions based on reaching a pre-designated water 
temperature may account for seasonal variability, enacting regulations 
based upon real time water temperature is impractical due to the amount 
of time required for the agency to implement and for fishermen to 
comply with the regulations, and the potential variability of water 
temperature within different locations in the Chesapeake Bay and within 
the water column. NMFS understands that the Virginia Institute of 
Marine Science (VIMS) has collected strandings data for 22 years, and 
spring strandings occur every year, generally when surface water 
temperature reaches 18 deg.C. NMFS has considered historical surface 
water temperatures (not real time monitoring) in establishing previous 
area closures, but real time monitoring of water temperature as a 
trigger for regulations is not practical for this situation, nor is it 
appropriate given the predictable time period of annual spring 
strandings in Virginia. Further, NMFS believes that a consistent 
effective date better enables industry to plan their fishing 
activities, as fishermen would know in advance specifically when the 
restrictions would be effective. As mentioned, from 1994 to 2001, the 
average stranding commencement date in Virginia was May 15. While NMFS 
recognizes that the commencement date of strandings may vary from year 
to year, NMFS believes that an average date of May 15 accounts for 
seasonal variability and should be used as the average date when 
turtles begin to strand on Virginia shores.
    Comment 5: One commenter expressed concern with the delay in 
publishing the proposed regulations and the limited public comment 
period.
    Response: NMFS has been working with the Commonwealth of Virginia, 
in particular the Virginia Marine Resources Commission (VMRC), since 
August of 2001 to address potential sea turtle interactions with 
Virginia pound nets. In September 2001, VMRC forwarded to NMFS a 
proposed plan, developed in conjunction with the pound net industry and 
VIMS, intending to reduce sea turtle interactions with pound net 
leaders in Virginia. As NMFS wanted to ensure that the Commonwealth of 
Virginia had ample opportunity to develop a plan for reducing sea 
turtle interactions with pound nets, discussions on the specifics and 
content of this proposed plan continued until mid-December 2001. By 
that time, it became clear that NMFS should initiate its own rulemaking 
process to develop a plan to conserve listed sea turtles. NMFS has been 
committed to enacting regulations on the Virginia pound net fishery as 
expeditiously as possible, in order to give the fishermen advance 
notification and ensure measures are in place before the historical 
period of high

[[Page 41199]]

strandings. NMFS issued the proposed rule as soon as possible after 
taking the necessary time to acquire and sufficiently analyze the 
available data, explore all of the management alternatives, and prepare 
and review the appropriate documents.
    Further, NMFS believes that the 15-day comment period was a 
reasonable amount of time given the relative simplicity of the proposed 
rule, consisting of only a restriction on leader mesh size and use of 
stringers, plus the framework procedure. A notice of the proposed 
regulation was also sent to all Virginia pound net licensees on March 
29, 2002, to augment notice provided through the Federal Register and 
expedite public comments.

Regulation Justification Comments

    Comment 6: One commenter supported that the strandings were 
specifically a result of fishery interactions.
    Response: NMFS believes that the circumstances surrounding the 
recent spring strandings are consistent with fishery interactions, 
which include relatively healthy turtles prior to the time of their 
death, a large number of strandings in a short time period, no external 
wounds on the majority of the turtles, no common characteristic among 
stranded turtles that would suggest disease as the main cause of death, 
and turtles with fish in their stomach. Sea turtles are generally not 
agile enough to capture finfish under natural conditions, and thus 
would only consume large quantities of finfish by interacting with 
fishing gear or bycatch (Mansfield, et al. 2002, Bellmund, et al. 1987, 
Shoop and Ruckdechel 1982).
    Comment 7: Two commenters felt that there is not a significant 
relationship between pound nets and sea turtle strandings. Both 
commenters noted that there are currently fewer pound nets in the 
Chesapeake Bay, but strandings have increased in recent years. One 
commenter was concerned that justification for the proposed regulations 
were based upon 1980s strandings data, when there were more pound nets 
being fished.
    Response: NMFS recognizes that there are currently fewer pound net 
leaders, in particular those utilizing large mesh leaders, in the 
Virginia Chesapeake Bay in comparison to the 1980s. NMFS disagrees that 
turtle strandings cannot be attributed to large mesh leaders because 
strandings have increased while the number of large mesh leaders have 
decreased. The best available information does date back to the mid-
1980s, but this study found that in 173 pound nets examined with large 
mesh leaders (defined as greater than 12 to 16 inches (30.5 to 40.6 cm) 
stretched mesh), 30 turtles were found entangled (0.2 turtles per net; 
Bellmund et al., 1987). This study also found that in 38 nets examined 
with stringer mesh, 27 turtles were documented entangled (0.7 turtles 
per net). NMFS recognizes that the increase in documented sea turtle 
mortalities could be a function of the increase and improvement in the 
level of stranding effort and coverage that has occurred, as well as a 
function of the apparent increase in abundance of the southern 
population of loggerheads, which make up approximately 50 percent of 
the loggerheads found in the Virginia Chesapeake Bay. However, even 
with a decline in pound net leaders, interactions proportional to what 
have been documented in this gear type in the past could lead to an 
increase in strandings. Listed sea turtles in the Chesapeake Bay must 
be protected to ensure that populations recover.
    In response to the claim that the information available to link the 
recent sea turtle mortalities to the pound net fishery is limited and 
old, NMFS recognizes that many of the documented sea turtle 
entanglements in large mesh and stringer leaders are from the 1980s, 
but the factors involved in entanglement remain the same now as they 
were then--sea turtle head and flipper size relative to leader mesh 
size and stringer use. Large mesh nets (regardless of how many are in 
the Chesapeake Bay) still entangle sea turtles, based upon the mesh 
size and manner in which they are fished. Additionally, the ESA 
requires NMFS to use the best available scientific information. There 
have been several documented sea turtle entanglements in large mesh 
leaders that were determined to have caused mortality by drowning. 
While it is possible that some turtles documented in 2001 may have been 
dead prior to entanglement and floated into the leaders, there have 
been observations of live turtles entangled in leaders under water.
    Few sea turtles strand with evidence of fishery interactions, but 
the lack of gear on a carcass is not indicative of a lack of fishery 
interaction (see response to Comment 6). While none of the sea turtles 
in Virginia have had pound net fishing gear on them when they have 
washed up on shore, it is not unusual for turtles to strand without 
gear on them, especially given the fact that pound net leaders are 
fixed fishing structures and secured to stakes set in the ground. It is 
very unlikely that a turtle would dislodge the gear so that it remained 
on the turtle when it stranded.
    Comment 8: Three commenters disagreed that pound nets are a 
significant factor in the high spring stranding events, given other 
potential mortality sources in Virginia waters (e.g., boat strikes). 
One commenter stated that the location of the average percentage of 
strandings (55 percent) from 1986 to 2001 occurred in Virginia Beach 
Ocean and Western Chesapeake Bay areas, and it is likely that other 
mortality sources outside of Virginia waters resulted in a number of 
these strandings.
    Response: NMFS recognizes that additional mortality sources may 
result in sea turtle strandings in Virginia during the spring. 
Consequently, NMFS has investigated other potential causes for the 
annual spring sea turtle mortality event and concludes that natural or 
non-fishing related anthropogenic causes are not consistent with the 
nature of most of the strandings. The absence of other species in the 
most recent stranding events and the absence of consistently high sea 
turtle strandings in other Atlantic states during the time period when 
turtles are migrating are inconsistent with cold stunning, a toxic 
algae bloom, epizootic or other disease. Further, the stranded turtles 
exhibited no major traumatic injuries such as might be caused by 
dredging or blasting. From May through December 2001, Virginia STSSN 
members documented 34 turtles with injuries that appeared to be from 
boat strikes, 4 entangled or hooked in hook and line fishing gear, and 
2 entangled in longline/trotline gear, but most of the stranded sea 
turtles appeared to be relatively healthy. It is possible that vessel 
collisions or recreational fishing gear resulted in some spring 
strandings, but if these factors were a major contributor to 
strandings, a larger number of stranded sea turtles would exhibit 
carapace wounds or imbedded fish hooks. As mentioned, the majority of 
the strandings were consistent with fishery interactions. Nevertheless, 
NMFS will continue to explore and consider the contributions of other 
mortality sources to the annual spring stranding event.
    It is possible that some Virginia Chesapeake Bay turtle strandings 
are swept into the Chesapeake Bay from elsewhere, or that some sea 
turtles are swept out of the Chesapeake Bay and onto ocean-facing 
beaches (if they strand at all), as the water patterns and currents 
entering or leaving the Chesapeake Bay could concentrate sea turtle 
strandings around the mouth of the Chesapeake Bay. However, it is 
likely that in the Virginia Chesapeake Bay, most mortalities have 
occurred relatively close to the stranding location

[[Page 41200]]

(Lutcavage, 1981). Further, it has been estimated that strandings on 
ocean facing beaches represent, at best, only approximately 20 percent 
of the at-sea nearshore mortality, as only those turtles killed close 
to shore are most likely to strand (NMFS SEFSC 2001). NMFS agrees that, 
historically, most of the spring strandings in Virginia have been 
documented on the ocean facing beaches south of Cape Henry and the 
inshore beaches in the southern Chesapeake Bay. However, the majority 
of the spring strandings in 1998, 2000, and 2001 occurred in inshore 
waters with concentrations around the southern tip of the eastern shore 
and the southern portion of the Chesapeake Bay around Virginia Beach 
and Hampton. Strandings in 2001 were of particular concern because the 
majority of the strandings in May and June occurred along the 
Chesapeake Bay side of the eastern shore of Virginia and along the 
southern tip near Kiptopeke and Fisherman's Island, indicating a 
possible localized interaction. Pound nets are the dominant fishing 
gear observed immediately offshore of this area. During 1980, high 
strandings were also documented in areas where there were large numbers 
of working pound nets (Lutcavage, 1981).
    As mentioned in the proposed rule (67 FR 15160, March 29, 2002), 
NMFS evaluated the potential inshore and offshore contributors to high 
strandings in 2001. While a number of the fisheries active in Virginia 
were observed, NMFS did not detect significant sea turtle incidental 
take. However, additional observer coverage is needed to better 
determine the level of sea turtle interactions with the various 
fisheries operating during the spring. NMFS intends to continue both 
monitoring and characterizing the offshore and nearshore Virginia 
fisheries that may potentially contribute to the spring strandings.
    As presented in the responses to Comments 6 and 7, sea turtle 
interactions with fishing gear are not always apparent. NMFS must rely 
on the best available information to determine the cause of sea turtle 
mortality and enact appropriate measures to reduce this mortality. 
Based on the best available information, including the nature and 
location of turtle strandings, the type of fishing gear in the vicinity 
of the greatest number of strandings, the lack of observed takes in 
other fisheries operating in Virginia waters during the 2001 stranding 
period, the known interactions between sea turtles and large mesh and 
stringer pound net leaders, and several documented sea turtle 
entanglements in pound net leaders, NMFS concluded that pound nets 
contributed to the high sea turtle strandings in Virginia in May and 
June 2001.

Stranding/Entanglement Data Comments

    Comment 9: Two commenters noted that the recent data on sea turtle 
entanglements in pound net leaders are limited (e.g., 10 turtles 
documented in 2001).
    Response: NMFS recognizes that the data on observed sea turtle 
entanglements in pound net leaders are limited, and that other factors 
likely contribute to some spring sea turtle mortality in Virginia. The 
level of sea turtle interactions with other potential mortality sources 
(e.g., other fisheries) has not yet been conclusively determined, but 
available information suggests that the level of interaction between 
non-pound net fisheries and sea turtles in Virginia waters during the 
spring has not been high. Conversely, NMFS has data indicating that 
pound net leaders have resulted in sea turtle entanglements. The 
documentation of live sea turtles entangled in pound net leaders (e.g., 
1 documented in 2001, 2 in 2000) with limited observer coverage, as 
well as previous scientific studies indicating that entanglements occur 
in large mesh and stringer leaders, indicates that sea turtle 
entanglements occur in pound net leaders and the frequency of these 
interactions may not have been sufficiently documented in recent years.
    The exact number of turtles found in association with pound net 
leaders has been difficult to definitively determine, due to the number 
of entities involved in collecting the data and the interpretation of 
whether the turtle was entangled in the leader, floated in post-mortem, 
or impinged on the leader and died as a result. It is likely that many 
more turtles interacted with pound net leaders last year than were 
reported. Observers (NMFS, VMRC, and VIMS) did not begin to monitor 
pound nets until mid-June, well after the high stranding period, so 
some sea turtle entanglements could have been missed earlier in the 
season. NMFS has established a reporting system for 2002 to ensure that 
all involved monitoring personnel are collecting the appropriate data 
should an entanglement of a sea turtle in a pound net leader be 
documented.
    Comment 10: One commenter noted that there were no turtle 
entanglements observed during side scan sonar surveys conducted on 55 
active leaders from June 1 to October 31, 2001.
    Response: The use of side scan sonar as a means to detect sub-
surface sea turtle entanglements has potential, but is still being 
explored. A number of factors may influence the utility of sonar to 
detect sea turtle entanglements, including weather, sea conditions, 
water turbidity, the size and decomposition state of the animal, and 
the orientation of the turtle in the net. Further research on the 
effectiveness and practicality of side scan sonar techniques in 
observing sea turtle entanglements in pound net leaders, and real time 
verification of the side scan sonar surveys by video, will be conducted 
during May and June 2002. Until this technique can be validated with 
ground truthing and verification, NMFS is reluctant to base management 
decisions on the lack of sea turtle acoustical signatures.
    Additionally, sonar surveys conducted after the initiation of the 
mass stranding period may not be reflective of what was occurring in 
May. It appears that a large number of spring sea turtle mortalities 
occur in May, given the decomposition states of the stranded sea 
turtles (Mansfield et al., 2002). Sea turtles may be more common in the 
upper water column in May, where the surface temperatures range from 
18 deg. to 24 deg. C (Musick and Mansfield, 2001), but they are known 
to occur in water temperatures 11 deg. C or greater. As such, turtles 
may be periodically near the bottom during the spring and subject to 
entanglement in leaders sub-surface. The lack of sea turtle acoustic 
signatures in pound net leaders at depth during the VIMS June to 
October 2001 survey does not necessarily indicate that turtles are not 
periodically entangled sub-surface during the spring.
    Comment 11: One commenter stated that the majority of strandings on 
the eastern shore were severely decomposed, when one would expect much 
fresher turtle strandings if the pound nets in close proximity to the 
eastern shore were responsible for the strandings.
    Response: NMFS can understand how one might think that mortality 
sources close to shore should result in a higher proportion of fresh 
dead turtles. Nearshore mortality sources also would increase the 
likelihood for the carcasses reaching the shore. However, one factor 
that may contribute to the decomposition state of a stranded sea turtle 
is the duration of time the sea turtle is entangled in the water, or in 
this case, the pound net leader. It is NMFS' understanding that pound 
net fishermen do not typically tend their leaders, so a turtle 
entangled in a leader, even at the surface, may go undetected.

[[Page 41201]]

 While additional information is necessary to adequately determine how 
often sea turtles become disentangled from pound net leaders, it is 
plausible that entangled turtles may become dislodged from pound net 
leaders either by the strong current in certain areas of the Chesapeake 
Bay, by the decomposition process, or by fishermen disentangling dead 
sea turtles if detected. This hypothesis needs to be explored, but it 
is possible that turtles remain in leaders and wash onto beaches 
several days, or even weeks, after their death in various stages of 
decomposition from slight to severe.

Gear Restriction Comments

    Comment 12: Two commenters requested additional time to equip 
leaders with a mesh size that would be in compliance with the 
regulations.
    Response: NMFS is sensitive to the industry's time constraints 
required to outfit their gear with mesh in compliance with the 
regulations. However, the time frame for the implementation of this 
regulation is also of concern, as the large mesh and stringer leader 
restriction should be in effect 1 week prior to the historical average 
stranding date to effectively protect sea turtles. Therefore, to 
maximize the ability to conserve sea turtles, the restrictions should 
be in effect immediately.
    Comment 13: One commenter supported the implementation of the plan 
proposed by VMRC and the pound net industry (Non-Preferred Alternative 
3 analyzed in the EA/RIR), namely the component of the plan requiring 
pound net leaders with stringers to drop the mesh to 9 feet (2.7 m) 
below mean low water and to space stringer lines at least 3 feet (0.9 
m) apart. This commenter specifically requested implementation of a 
plan that would permit a leader with 16 inches (40.6 cm) stretched mesh 
10 ft (3 m) below the surface.
    Response: Lowering the mesh on those leaders using stringers may 
allow the sea turtles near the surface to swim over the larger mesh 
leaders and through the stringers. However, sea turtles are still 
vulnerable to entanglement in leaders more than 9 ft (2.7 m) below the 
surface. Musick et al., (1984) documented two sea turtles entangled in 
pound net leaders approximately 9 ft (2.7 m) below the surface in early 
June 1983. Turtles may be more common in the upper water column during 
the spring, but if they are foraging for preferred prey, they are 
periodically near the bottom, and thus subject to entanglement in 
leaders more than 9 ft (2.7 m) below the surface. Sea turtle 
entanglements have been documented in large mesh leaders and are likely 
to occur in stretched mesh greater than 16 inches (40.6 cm). Without 
adequate support that these measures will reduce sea turtle 
entanglement in the stringers themselves and in the mesh dropped more 
than 9 ft (2.7 m) below mean low water, the specific benefits to sea 
turtles remain unclear. A detailed description and review of all of the 
components of this plan are included in the EA/RIR.
    Comment 14: One commenter disagreed with NMFS' assumption that 
fishermen are using the minimum leader mesh size that is operational, 
and indicated that mesh in compliance with the regulations will not be 
available by May 8.
    Response: NMFS explained in the EA/RIR that, because the data used 
for the economic analysis did not give the exact location of pound 
nets, it would assume for the purposes of the impact analysis that 
fishermen were using the minimum leader mesh size that they believed to 
be operational. The EA/RIR then described the economic impacts based on 
that assumption, which provided for a worst-case analysis. However, the 
EA/RIR also indicated that another scenario is possible; namely that 
fishermen could switch to a smaller leader mesh size and remain 
operational. The EA/RIR also described the impacts based on that 
different assumption. This regulation is necessary to conserve listed 
sea turtles, so for the regulation to be effective at reducing sea 
turtle mortality and preventing entanglement in large mesh and stringer 
pound net leaders, all pound net leaders, in the geographical area 
affected by the restriction, must have mesh smaller than 12 inches 
(30.5 cm) stretched mesh during the restricted period or fishermen must 
remove their non-compliant leaders.

Observer Coverage/Monitoring Comments

    Comment 15: Two commenters supported the framework in the proposed 
rule, which includes monitoring the smaller mesh pound net leaders and 
the implementation of additional restrictions if necessary.
    Response: NMFS believes that prohibiting leaders with greater than 
or equal to 12 inches (30.5 cm) stretched mesh and leaders with 
stringers will reduce sea turtle entanglements and subsequent spring 
strandings. The framework monitoring program will document any sea 
turtle interactions with smaller leader mesh sizes, which will provide 
information beneficial for future management, both in Virginia and 
potentially in other states. Should the monitoring of pound net leaders 
during May and June document turtle entanglement, under the framework 
mechanism NMFS may impose additional restrictions during the gear 
restriction period on an expedited basis. The gear restriction as 
proposed and any additional restrictions could be extended by NMFS for 
a period not to exceed 30 days after June 30, or not beyond July 30.
    Comment 16: Four commenters recognized the need for NMFS to 
continue monitoring the sea turtle stranding situation in Virginia and 
supported increased observer coverage on the other spring fisheries in 
the Virginia Chesapeake Bay, nearshore, and offshore waters.
    Response: NMFS will continue to closely monitor sea turtle 
stranding levels and other fisheries active in Virginia waters. While 
NMFS believes that pound nets contribute to the high spring sea turtle 
strandings, NMFS also recognizes that other fisheries may contribute to 
some of the annual sea turtle stranding event in Virginia and is 
committed to appropriately addressing the mortality sources. The NMFS 
2002 monitoring program includes observer coverage of the large mesh 
and small mesh gillnet fisheries in offshore Virginia and Chesapeake 
Bay waters; alternative platform observer coverage of the large mesh 
gillnet black drum and sandbar shark fisheries; offshore and inshore 
aerial surveys to record sea turtle distribution, sea surface 
temperature, and commercial fishing gear; investigations into sea 
turtle interactions with the whelk and crab pot fisheries; and pound 
net monitoring. Coverage of the pound net fishery will include 
alternative platform observer coverage of pound net leaders, pound net 
leader monitoring using side scan sonar and video, and aerial 
monitoring of the pound net fishery. Additionally, NMFS will continue 
to evaluate interactions with other fisheries not previously considered 
that may contribute to sea turtle strandings.
    Comment 17: Two commenters expressed their concern with the level 
of 2001 observer coverage on fisheries in the Virginia area (e.g., on 
large mesh and small mesh gillnet fisheries), and felt that more 
observer coverage was necessary.
    Response: NMFS believes the coverage on these fisheries in 2001 was 
sufficient to monitor the take of sea turtles. The federally managed 
monkfish large mesh gillnet fishery (approximately 10-12 inch (25.4-
30.5 cm) mesh) had approximately 41 percent observer coverage in waters 
off Virginia from May 1 until it stopped operating off Virginia on May 
29 when

[[Page 41202]]

the fleet moved northward. In Virginia, 107 monkfish trips were 
observed, and one dead and two live loggerhead turtles were 
incidentally captured in this fishery. The state water black drum large 
mesh (approximately 10-14 inch (25.4-35.6 cm) mesh) gillnet fishery had 
approximately 8 percent observer coverage during May and June, and no 
turtle takes were observed. Twenty-two trips targeting both black drum 
and sandbar shark were conducted from May 15 to June 6. The amount of 
small mesh (smaller than 6 inch (15.2 cm) mesh) gillnet effort 
occurring in the Chesapeake Bay waters during May and June appears to 
be relatively minimal. NMFS observed 2 percent of the Atlantic croaker 
fishery and 12 percent of the dogfish fishery during May and June; no 
turtle takes were observed.
    While 100-percent observer coverage was intended for the Federal 
monkfish fishery in 2001 (note that the percent coverage off of North 
Carolina was higher than off of Virginia), the limited number of 
observers and increase in the number of vessels fishing for monkfish 
resulted in less than 100-percent coverage. NMFS intends to continue 
observer coverage in these gillnet fisheries during 2002 to document 
any sea turtle takes that may ensue.
    Comment 18: One commenter stated that aerial surveys are needed 
from mid-April through June to identify the active spring fisheries and 
determine the number of participants in these fisheries.
    Response: In 2001, aerial surveys in both offshore and inshore 
Virginia waters were conducted to document sea turtle distribution and 
commercial fishing gear. During May and June, offshore aerial surveys 
from the beach out to the shelf break were conducted from the Virginia/
North Carolina border to the Virginia/Maryland border. Inshore aerial 
surveys were flown from late May to October, surveying transect lines 
from the mouth of the Chesapeake Bay to the Virginia/Maryland border. 
NMFS considered the results of these aerial surveys (e.g., observations 
of fishing activity) in the development of the 2001 temporary rule on 
the Virginia pound net fishery (66 FR 33489, June 22, 2001), as well as 
this action. NMFS will conduct similar aerial surveys in May and June 
2002.
    Comment 19: One commenter suggested that NMFS work with the VMRC, 
VIMS, and the Virginia Department of Game and Inland Fisheries (VA 
DGIF), on the development of monitoring plans.
    Response: NMFS has been in close coordination with VMRC and VIMS on 
the development of the pound net monitoring plan and schedule, as well 
as the aerial survey flights and observer coverage on other spring 
fisheries in Virginia. To date, NMFS has had limited contact with the 
VA DGIF, as their role in managing the fisheries that may be resulting 
in sea turtle mortality was not previously defined.

Changes from Proposed Rule

    Based on review of the comments received on the proposed rule and 
on its own review, NMFS has added two new paragraphs in the interim 
final rule. One requires that when a turtle is captured live and 
uninjured in the pound, fishers in the Virginia pound net fishery 
notify NMFS within 24 hours of returning from the trip. This provision 
also requires fishers to immediately notify NMFS and the appropriate 
rehabilitation or stranding network, as determined by NMFS, if a turtle 
is captured live but injured or if a turtle is entangled or captured 
dead in the pound net gear. The second requires that pound net fishing 
operations must be observed by a NMFS-approved observer if requested by 
the Northeast Regional Administrator. It also provides that all NMFS-
approved observers will report any violations of this section, or other 
applicable regulations and laws, and that information collected by 
observers may be used for law enforcement purposes.
    The interim final rule also does not include the proposed revision 
to 50 CFR 224.104, which provided NMFS' proposed policy determination 
that no civil penalties will be sought against those who are in 
compliance with the gear restrictions and other requirements above, but 
that nevertheless incidentally take an endangered sea turtle. While 
NMFS has the discretion to make that determination, NMFS at this time 
chooses not to issue a regulatory statement to that effect.

Review and Request for Additional Comments

    NMFS continues to request public comments on this interim final 
rule to assist in the development of a final rule on Virginia pound 
nets and perhaps a management scheme for pound nets in other states via 
NMFS' Strategy for Sea Turtle Conservation and Recovery in Relation to 
Atlantic Ocean and Gulf of Mexico Fisheries (66 FR 39474, July 31, 
2001).

Classification

    This interim final rule has been determined to be significant for 
purposes of Executive Order 12866.
    The AA finds good cause under 5 U.S.C. 553(d)(3) not to delay the 
effective date of this interim final rule for 30 days. Such a delay 
would be contrary to the public interest because sea turtles typically 
migrate into Virginia waters in May, and at this time, they would 
likely be subject to entanglement in pound net leaders and potential 
subsequent mortality, unless this rule is in effect immediately (see 
response to Comment 3). Any delay in the effective date of this interim 
final rule would prevent NMFS from meeting its obligations under the 
ESA to prevent harm to sea turtles.
    NMFS has prepared a final regulatory flexibility analysis (FRFA) 
that describes the economic impact this interim final rule would have 
on small entities. The FRFA is as follows: This rule prohibits pound 
net leaders with stretched mesh 12 inches (30.5 cm) or greater and 
leaders with stringers, requires year round reporting and monitoring, 
and provides a mechanism for modifying the restrictions from May 8 to 
June 30, and for extending the original or additional restrictions 
through July 30. The purpose is to prevent entanglement of threatened 
and endangered sea turtles in pound net leaders. This action is 
necessary to conserve listed sea turtles, help promote their recovery, 
and aid in the enforcement of the ESA.
    The fishery affected by this interim final rule is the Virginia 
pound net fishery in the Chesapeake Bay. According to the 2001 VMRC 
survey data, of the 160 pound net licenses issued in Virginia, where 
one license is assigned to each pound net, 72 licenses are fishing in 
the waters potentially affected by this proposed (67 FR 15160, March 
29, 2002) rule. According to VMRC data from 1999 to 2001, 27 fishermen 
were fishing approximately 64 pound nets from May 8 to June 30. 
Prohibiting the use of all pound net leaders with greater than or equal 
to 12 inches (30.5 cm) stretched mesh and leaders with stringers from 
May 8 to June 30 would potentially affect approximately 11 fishermen 
fishing approximately 24 pound nets. If pound net leaders greater than 
or equal to 8 inches (20.3 cm) are prohibited, approximately 13 
fishermen fishing approximately 31 pound nets would be affected. If all 
pound net leaders regardless of mesh size are prohibited, 27 fishermen 
fishing approximately 64 pound nets would be affected.
    This interim final rule prohibits pound net leaders with 12 inches 
(30.5 cm) and greater stretched mesh, as well as those using stringers, 
from May 8 to June 30, and provides a mechanism for extending and/or 
modifying the restrictions. This interim final rule

[[Page 41203]]

employs the best available information on sea turtle and pound net 
leader interactions to reduce sea turtle entanglement and strandings, 
while minimizing the impacts to the pound net industry. Four 
alternatives to the interim final rule have been considered. Given the 
inability to provide a quantitative analysis of these regulatory 
alternatives, the alternatives were considered with respect to 
mitigating the known costs on small entities while providing sea turtle 
protection. One alternative being status quo would not provide any 
protection to sea turtles, but would not have any economic consequences 
at least in the short term. No action now may lead to more severe and 
costly action to protect sea turtles in the future. The non-preferred 
alternative 1 would have prohibited pound net leaders with 8 inches 
(20.3 cm) and greater stretched mesh, as well as those using stringers, 
from May 8 to June 30. Compared to this interim final rule's 
restrictions, the non-preferred alternative 1 may not necessarily have 
provided greater sea turtle protection, and the industry costs would 
have been higher. The level of interaction between sea turtles and 
pound net leaders with between 8 inches (20.3 cm) and 12 inches (30.5 
cm) stretched mesh has not been adequately documented in Virginia 
waters. The non-preferred alternative 2 that would have prohibited all 
pound net leaders from May 8 to June 30, would not necessarily have 
provided the most protection to sea turtles, but it would have been the 
most costly to the industry. The level of interaction between sea 
turtles and pound net leaders with less than 12 inches (30.5 cm) 
stretched mesh has not been adequately documented in Virginia waters. 
Finally, the non-preferred alternative 3 would have prohibited pound 
net leaders with greater than 16 inches (40.6 cm) stretched mesh, and 
would have required fishermen to drop the mesh of those leaders using 
stringers to 9 ft (2.7 m) below mean low water and to space stringer 
lines at least 3 ft (0.9 m) apart, for approximately a three and a half 
week period beginning on May 15. This alternative would have been the 
least burdensome to industry, but would have offered the lowest 
expected protection to sea turtles, with the exception of the no action 
alternative. Without adequate support to ensure that sea turtles would 
not have become entangled in the allowable leaders of this alternative, 
the benefits of this alternative to sea turtles are uncertain.
    No comments were received on the initial regulatory flexibility 
analysis. New Sec. 223.206(d)(2)(v)(C) requires a collection of 
information which is not approved pursuant to the PRA. This section 
will only be effective upon receipt of that approval and publication of 
that approval in the Federal Register.
    A formal consultation pursuant to section 7 of the ESA was 
conducted on this action. The biological opinion on this action 
concluded that NMFS' sea turtle conservation measures for the Virginia 
pound net fishery, may adversely affect but are not likely to 
jeopardize the continued existence of the loggerhead, leatherback, 
Kemp's ridley, green, or hawksbill sea turtle, or shortnose sturgeon. 
An incidental take statement was issued for this action. Copies of this 
biological opinion are available (see ADDRESSES).
    This interim final rule contains policies with federalism 
implications that were sufficient to warrant preparation of a 
federalism assessment under Executive Order 13132. Accordingly, the 
Assistant Secretary for Legislative and Intergovernmental Affairs 
provided notice of the proposed action to the Governor of Virginia on 
April 2, 2002. No comments on the federalism implications of the 
proposed action were received in response to the April 2002 letter.

    Dated: June 11, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

List of Subjects

50 CFR Part 222

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

50 CFR Part 223

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

    For the reasons set forth in the preamble, 50 CFR parts 222 and 
223, are amended as follows:

PART 222--GENERAL ENDANGERED AND THREATENED MARINE SPECIES

    1. The authority citation for part 222 continues to read as 
follows:

    Authority: 16 U.S.C. 1531 et seq.; 16 U.S.C. 742a et seq.; 31 
U.S.C. 9701

    2. In Sec. 222.102, the definition of ``Pound net leader'' is added 
in alphabetical order to read as follows:


Sec. 222.102  Definitions.

    Pound net leader means a long straight net that directs the fish 
offshore towards the pound, an enclosure that captures the fish. Some 
pound net leaders are all mesh, while others have stringers and mesh. 
Stringers are vertical lines in a pound net leader that are spaced a 
certain distance apart and are not crossed by horizontal lines to form 
mesh.
* * * * *

PART 223--THREATENED MARINE AND ANADROMOUS SPECIES

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

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

    2. In Sec. 223.205, paragraphs (b)(14) and (b)(15) are revised and 
paragraph (b)(16) is added to read as follows:


Sec. 223.205  Sea turtles.

* * * * *
    (b) * * *
    (14) Sell, barter, trade or offer to sell, barter, or trade, a TED 
that is not an approved TED;
    (15) Fail to comply with the restrictions set forth in 
Sec. 223.206(d)(2)(v) regarding pound net leaders; or
    (16) Attempt to do, solicit another to do, or cause to be done, any 
of the foregoing.
* * * * *

    3. In Sec. 223.206, paragraph (d)(2)(v) is added to read as 
follows:


Sec. 223.206  Exceptions to prohibitions relating to sea turtles.

* * * * *
    (d) * * *
    (2) * * *
    (v) Gear requirement--pound net leaders--(A) Restrictions on pound 
net leaders. During the time period of May 8 through June 30 of each 
year, any pound net leader in the waters described in paragraph 
(d)(2)(v)(B) of this section must have a mesh size less than 12 inches 
(30.5 cm) stretched mesh and may not employ stringers. Any pound net 
leader with stretched mesh measuring 12 inches (30.5 cm) or greater or 
any pound net leader with stringers must be removed from the waters 
described in paragraph (d)(2)(v)(B) of this section prior to May 8 of 
each year and may not be reset until July 1 of each year unless that 
date is extended by the AA pursuant to paragraph (d)(2)(v)(E) of this 
section.
    (B) Regulated waters. The restrictions on pound net leaders 
described in paragraph (d)(2)(v)(A) of this section

[[Page 41204]]

apply to the following waters: the Virginia waters of the mainstem 
Chesapeake Bay from the Maryland-Virginia State line (approximately 
37 deg. 55' N. lat., 75 deg. 55' W. long.) to the COLREGS line at the 
mouth of the Chesapeake Bay; the James River downstream of the Hampton 
Roads Bridge Tunnel (I-64; approximately 36 deg. 59.55' N. lat., 
76 deg. 18.64' W. long.); the York River downstream of the Coleman 
Memorial Bridge (Route 17; approximately 37 deg. 14.55' N. lat, 76 deg. 
30.40' W. long.); and the Rappahannock River downstream of the Robert 
Opie Norris Jr. Bridge (Route 3; approximately 37 deg. 37.44' N. lat, 
76 deg. 25.40' W. long.).
    (C) Reporting requirement. At any time during the year, if a turtle 
is taken live and uninjured in a pound net operation, in the pound or 
in the leader, the operator of vessel must report the incident to the 
NMFS Northeast Regional Office, (978) 281-9388 or fax (978) 281-9394, 
within 24 hours of returning from the trip in which the incidental take 
occurred. The report shall include a description of the turtle's 
condition at the time of release and the measures taken as required in 
paragraph (d)(1) of this section. At any time during the year, if a 
turtle is taken in a pound net operation, and is determined to be 
injured, or if a turtle is captured dead, the operator of the vessel 
shall immediately notify NMFS Northeast Regional Office and the 
appropriate rehabilitation or stranding network, as determined by NMFS 
Northeast Regional Office.
    (D) Monitoring. Pound net fishing operations must be observed by a 
NMFS-approved observer if requested by the Northeast Regional 
Administrator. All NMFS-approved observers will report any violations 
of this section, or other applicable regulations and laws. Information 
collected by observers may be used for law enforcement purposes.
    (E) Expedited modification of restrictions and effective dates. 
From May 8 to June 30 of each year, if NMFS receives information that 
one sea turtle is entangled alive or that one sea turtle is entangled 
dead, and NMFS determines that the entanglement contributed to its 
death, in pound net leaders that are in compliance with the 
restrictions described in paragraph (d)(2)(v)(A) of this section on 
pound net leaders in the waters identified in paragraph (d)(2)(v)(B) of 
this section, the AA may issue a final rule modifying the restrictions 
on pound net leaders as necessary to protect threatened sea turtles. 
Such modifications may include, but are not limited to, reducing the 
maximum allowable mesh size of pound net leaders and prohibiting the 
use of pound net leaders regardless of mesh size. In addition, if 
information indicates that a significant level of sea turtle strandings 
will likely continue beyond June 30, the AA may issue a final rule 
extending the effective date of the restrictions, including any 
additional restrictions imposed under this subparagraph, for an 
additional 30 days, but not beyond July 30, to protect threatened sea 
turtles.
* * * * *
[FR Doc. 02-15182 Filed 6-12-02; 3:30 pm]
BILLING CODE 3510-22-S