Sea Turtle Conservation; Observer Requirement for Fisheries

Note: EPA no longer updates this information, but it may be useful as a reference or resource.
 
[Federal Register: December 20, 2006 (Volume 71, Number 244)]
[Proposed Rules]
[Page 76265-76269]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de06-36]

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 222 and 223
[061107292-6292-01;110306A]
RIN 0648-AU81

Sea Turtle Conservation; Observer Requirement for Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule, request for comments.

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SUMMARY: NMFS proposes a regulation to require vessels in state and
federal fisheries operating in the territorial seas or exclusive
economic zone of the United States that are identified through the
annual determination process specified in the rule to take observers
upon NMFS request. NMFS proposes this measure to learn more about sea
turtle interactions with fishing operations, to evaluate existing
measures to reduce sea turtle takes, and to determine whether
additional measures to address sea turtle takes may be necessary. NMFS
will pay the direct costs of the observer. NMFS also proposes to extend
the number of days from 30 to 180 that the agency may place observers
in response to an appropriate determination by the Assistant
Administrator under its existing regulations.

DATES: Written comments must be received on or before February 20, 2007.

ADDRESSES: Comments on this proposed rule and requests for copies of
the Environmental Assessment and Regulatory Impact Review (EA/RIR)
should be addressed to the Chief, Marine Mammal and Turtle Division,
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver
Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Tanya Dobrzynski, (301) 713-2322.

SUPPLEMENTARY INFORMATION:

Purpose

    Under the Endangered Species Act of 1973 (ESA), 16 U.S.C. 1531 et
seq., NMFS is authorized to implement programs to conserve marine life
listed as endangered or threatened.
    All sea turtles that occur in U.S. waters are listed as either
endangered or

[[Page 76266]]

threatened under the Endangered Species Act of 1973 (ESA), 16 U.S.C.
1531 et seq.. The Kemp's ridley (Lepidochelys kempii), leatherback
(Dermochelys coriacea), and hawksbill (Eretmochelys imbricata) sea
turtles are listed as endangered. Loggerhead (Caretta caretta), green
(Chelonia mydas), and olive ridley (Lepidochelys olivacea) sea turtles
are listed as threatened, except for breeding colony populations of
green sea turtles in Florida and on the Pacific coast of Mexico and
breeding colony populations of olive ridleys on the Pacific coast of
Mexico, which are listed as endangered. While some sea turtle populations
have shown signs of recovery, many populations continue to decline.
    Incidental take, or bycatch, in fishing gear is one of the main
sources of sea turtle injury and mortality nationwide. Section 9 of the
ESA prohibits the take (including killing, injuring, capturing, harming
and harassing), even incidental take, of endangered sea turtles.
Pursuant to section 4(d) of the ESA, NMFS has issued regulations
extending the prohibition of take, with exceptions, to threatened sea
turtles. 50 CFR 223.306. NMFS may grant exceptions to the take
prohibitions with an incidental take statement or an incidental take
permit issued pursuant to section 7 or 10, respectively, of the ESA. To
do so, NMFS must determine that the activity that will result in
incidental take is not likely to jeopardize the continued existence of
the affected listed species. In some cases, NMFS has been able to make
this determination because the fishery is conducted with a modified
gear or modified fishing practice that NMFS has been able to evaluate.
However, for some Federal fisheries and most state fisheries, NMFS has
not granted an exception primarily because we lack information about
fishery-turtle interactions. Therefore, any incidental take of sea
turtles in those fisheries remains unauthorized.
    The most effective way for NMFS to learn more about sea turtle-
fishery interactions is to place observers aboard fishing vessels. NMFS
is proposing this regulation to establish procedures under which each
year NMFS will identify, pursuant to specified criteria and after
notice and opportunity for comment, those fisheries in which the agency
intends to place observers. NMFS will pay the direct costs (e.g.,
salary, insurance) for the observer. Once selected, a fishery will be
eligible to be observed for five years without further action by NMFS.
This will enable NMFS to develop an appropriate sampling protocol to
determine whether incidental takes are occurring, to evaluate whether
existing measures are minimizing or preventing interactions, and to
determine whether additional measures are needed to conserve turtles.

Other Procedures for Observer Placement

    NMFS has established a regulatory procedure to place observers on
vessels contingent upon a determination by the NMFS Assistant
Administrator that the unauthorized take of sea turtles may be likely
to jeopardize their continued existence. 50 CFR 223.206(d) (4). In this
regulation, NMFS limited observer coverage requirements within a
fishery to 30 days. NMFS has used this procedure to address immediate
observer needs when fishery activity and relatively high sea turtle
strandings have occurred simultaneously in a particular area. However,
these temporary observer requirements are designed to respond to acute
problems, and not for the design and implementation of monitoring
programs that yield statistically valid information, which is the
purpose of the observer requirements contained in this proposed rule.
Further, because 30 days does not always provide the opportunity to
investigate the cause of an event, such as elevated sea turtle
strandings, NMFS is also proposing that observer coverage requirements
under 50 CFR 223.206(d)(4) may remain effective for 180 days, with a
possible 60-day extension. The combined 240 days is consistent with the
emergency regulatory provision in section 4(b)(7) of the ESA.
    As a condition of authorizing incidental take in certain fisheries,
NMFS has also implemented observer coverage requirements under the
authority of the ESA on a fishery-by-fishery basis, such as in the
shrimp trawl, summer flounder trawl, and Virginia pound net fisheries.
These requirements have been implemented only after data from
strandings, temporary observer coverage, or other sources indicated
that prohibited sea turtle takes were occurring, and as part of a
regulatory program to address the sea turtle takes in that fishery.
    NMFS has also placed observers on federally-managed vessels under
the Magnuson-Stevens Fishery Conservation and Management Act, as
amended in 1996 (Magnuson-Stevens Act), and the Marine Mammal
Protection Act, as amended in 1994 (MMPA), to document fish bycatch and
incidental mortality and serious injury of marine mammals,
respectively. The Magnuson-Stevens Act allows NMFS to require observers
on fisheries managed under a Federal fishery management plan, while the
MMPA allows NMFS to require observers in both Federal and non-federal
fisheries depending on the determined level of interaction between
fisheries and marine mammals. Secondary to collecting information on
fish and marine mammal bycatch through placement of observers on
fishing vessels via the Magnuson-Stevens Act and MMPA, NMFS has also
collected data on sea turtle interactions in fisheries.
    However, there are several limitations and restrictions to using
the MMPA or Magnuson-Stevens Act to place observers to monitor
potential sea turtle interactions. The Magnuson-Stevens Act only
provides NMFS authority to require observers on vessels in fisheries
managed under a Federal fishery management plan. Thus, the authority
primarily covers fisheries operating in Federal waters. The MMPA only
allows NMFS to require observers on fisheries that have been listed on
the annual List of Fisheries as Category I (where incidental mortality
and serious injury of marine mammals is considered ``frequent'') and
Category II (where incidental mortality and serious injury of marine
mammals is considered ``occasional'') (16 U.S.C. 1387(c)), but not
Category III (where there is a remote likelihood of or no known
incidental mortality and serious injury of marine mammals), under which
the majority of fisheries are listed. Given that some state and
Category III fisheries may be a concern for sea turtle takes, neither
the MSA nor the MMPA provides broad enough authority to monitor
fisheries that are likely to incidentally take sea turtles.
Additionally, because NMFS has largely relied on the MMPA to monitor
non-federal fisheries, many monitoring programs are designed primarily
to monitor marine mammal bycatch in fishing gear and not necessarily to
optimize observation of sea turtle takes. For instance, the sampling
regime for marine mammals may not adequately cover times and areas
where sea turtle interactions are most likely to occur. Due to observer
sampling designs that focus on marine mammal takes, the use of MMPA
authority to monitor fisheries for sea turtle bycatch is not optimal.
To obtain statistically representative data on sea turtle takes in
various fisheries, NMFS must design sampling programs based on sea
turtle distribution and abundance and directed toward those gear types
and fisheries that are a priority concern for sea turtle recovery.
    NMFS has also relied on using voluntary observer coverage to obtain
data in several non-federally managed fisheries. For example, from November

[[Page 76267]]

1 - 20, 1999, 56 dead sea turtles washed ashore in a small area of
Pamlico Sound, North Carolina, in the vicinity of Hatteras and Ocracoke
Inlets. Thirty-five of the sea turtles were Kemp's ridleys, the most
endangered species of sea turtle. Many sink gillnet fishing vessels
were operating in the vicinity. North Carolina state observers were
placed on a limited number of the gillnet boats to monitor sea turtle
interactions. Because both state and NMFS' observer placement was
voluntary, many of the fishermen elected not to carry observers, which
resulted in limited coverage in areas where sea turtle interactions
were believed most likely to occur. Adequate sampling occurred only
after North Carolina received an ESA section 10(a)(1)(B) incidental
take permit (67 FR 67150, November 4, 2002) and observer coverage was a
requirement of the permit. These events in North Carolina highlight
that a voluntary observer program limits the extent of coverage and
hinders the collection of reliable data.

Sea Turtle/Fisheries Interactions

    Numerous gear types have been implicated in takes of sea turtles
along the Atlantic, Gulf of Mexico, and Pacific coasts. Because the
issue of incidental takes is largely due to the type of fishing gear
used, commercial and recreational fisheries in state and federal waters
may take sea turtles. Data available on the extent of sea turtle
interactions vary by gear type, area, and season. Nonetheless, certain
types of gear are more prone to incidentally capturing sea turtles than
others, depending on the way the gear is fished and the time and area
within which it is fished.
    Fisheries that use, for example, trawls, gillnets, seines, pound
nets, traps, pots, dredges, longlines, and hook and line are potential
sources of sea turtle take. Incidental take has been documented in
these gear types where the distribution of sea turtles and fisheries
overlaps. For example, NMFS has used alternative monitoring platforms
to observe the VA pound net fishery. This monitoring revealed that sea
turtle takes are a concern in the VA pound net fishery. As a result,
NMFS has implemented management measures aimed at reducing sea turtle
interactions in pound net leaders in the southern portion of the
Chesapeake Bay from May 6-July 15 of each year, when sea turtles are
known to be present (69 FR 24997, May 5, 2004). NMFS conducted an ESA
section 7 consultation on the pound net fishery and determined that the
fishery with the management measures was not likely to jeopardize sea
turtles and the agency was then able to authorize incidental take in
the fishery. While these measures may be reducing the number of sea
turtle takes in pound nets, sea turtle strandings in the area have
continued despite the management measures. Other fisheries, such as
inshore gillnet and purse seine fisheries in the area, may also be
contributing to the problem and need to be further evaluated.
    There are similar examples in other areas around the United States
where more comprehensive and targeted observer coverage on fishing
vessels is needed to better grasp and address the problem of sea turtle
takes incidental to fishing activities, such as the shrimp fishery in
the state and federal waters of the southeast United States and the
Gulf of Mexico. This proposed rule would enable NMFS to monitor gear
types, such as try nets and skimmer trawls, used in this fishery, which
are not currently required to use turtle excluder devices but that have
been documented to interact with sea turtles. Pot/trap and gillnet
fisheries in the state waters of the U.S. have also been documented to
interact with sea turtles; therefore, more information is needed on
potential sea turtle interactions in these gear types/fisheries to
better evaluate them. In addition, long-term, comprehensive coverage is
needed to fill information gaps on sea turtle takes.
    Thus, NMFS proposes to amend the ESA regulations to specify that
NMFS may place observers on recreational or commercial fishing vessels.
Consistent, regular monitoring via placement of observers on fishing
vessels is needed to gather useful data on sea turtle takes and, where
necessary, to evaluate existing measures and develop new management
measures to reduce sea turtle take in certain gear types. This proposed
action, issued under the authority of the ESA, is necessary to
implement the prohibitions of take of listed species and to conserve
sea turtles listed as threatened or endangered.

Observer Program Design

    The design of any observer program implemented under this rule,
including how observers would be allocated to individual vessels, would
vary among fisheries, fishing sectors, gear types, and geographic
regions and would ultimately be determined by the individual NMFS
Regional Office, Science Center, and/or observer program. During the
program design, NMFS would be guided by the following standards in the
distribution and placement of observers among fisheries identified in
annual determinations and vessels in those particular fisheries:
    (1) The requirements to obtain the best available scientific
information;
    (2) The requirement that assignment of observers is fair and
equitable among fisheries and among vessels in a fishery;
    (3) The requirement that no individual person or vessel, or group
of persons or vessels, be subject to inappropriate, excessive observer
coverage; and
    (4) The need to minimize costs and avoid duplication, where practicable.
    Consistent with 16 U.S.C. 1881(b), vessels where the facilities for
accommodating an observer or carrying out observer functions are so
inadequate or unsafe (due to size or quality of equipment, for example)
that the health or safety of the observer or the safe operation of the
vessel would be jeopardized, would not be required to take observers
under this rule.
    Observer programs designed or carried out in accordance with this
regulation would be required to be consistent with existing observer-
related NOAA policies and regulations, such as those under the Fair
Labor and Standards Act (29 U.S.C. 201 et seq.), the Service Contract
Act (41 U.S.C. 351 et seq.), Observer Health and Safety regulations (50
CFR part 600), and other relevant policies.

Annual Determination Process

    The Assistant Administrator for Fisheries, NOAA (AA) will make an
annual proposed and final determination identifying which fisheries may
require observer coverage to monitor potential interactions with sea
turtles. The determination will be based on the best available
scientific, commercial, or other information regarding sea turtle-
fishery interactions; sea turtle distribution; sea turtle strandings;
fishing techniques, gears used, target species, seasons and areas
fished; or qualitative data from logbooks or fisher reports.
    The AA will use the most recent version of the annually published
MMPA List of Fisheries (LOF) as the universe of commercial fisheries
for consideration in addition to known information on non-commercial
fisheries in a given area. The LOF includes all known state and federal
commercial fisheries that occur in U.S. waters. The categorization
scheme of fisheries on the LOF would not be relevant to this process;
all fisheries in the LOF would be used as the universe of state and
federal commercial fisheries to be considered for monitoring under this
proposed rule. Unlike the LOF process, recreational fisheries likely to
interact with sea turtles on the basis of the best available
information may also

[[Page 76268]]

be included in the determination of fisheries to be monitored under
this rule.
    On an annual basis, the AA, in consultation with Regional
Administrators and Science Center Directors, will determine which
fisheries NMFS intends to monitor. The fisheries considered for
monitoring under this proposed rule will be published as both a
proposed and final determination in the Federal Register. Notice of the
proposed determination will also be made in writing to individuals
permitted for each fishery identified for monitoring. NMFS will also
notify state agencies and provide notification through publication in
local newspapers, radio broadcasts, and any other means as appropriate.
Once included in the final determination, a fishery will remain
eligible for observer coverage for five years to enable the design of
an appropriate sampling program and to ensure collection of sufficient
scientific data for analysis. If NMFS determines that more than five
years is needed to obtain sufficient scientific data, NMFS must include
the fishery in the AA's annual proposed determination again prior to
the end of the fifth year. As part of its annual determination, NMFS
will include, to the extent practicable, information on the fisheries
or gear types to be sampled, geographic and seasonal scope of coverage,
or any other relevant information. A 30-day delay in effective date for
implementing observer coverage will follow the annual determination,
except for those fisheries included in earlier annual determinations
within the previous five years.
    The timing of this process should be coordinated to the extent
possible with the annual LOF publication process, as specified in 50
CFR 229.8.

Classification

    The AA has determined that this proposed rule is consistent with
the ESA and with other applicable law.
    This action has been determined to be not significant for purposes
of Executive Order 12866.
    The AA prepared an environmental assessment for this proposed rule.
A copy of the EA is available (see ADDRESSES).
    The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule would not have a significant
impact on a substantial number of small entities. The factual basis for
this certification is as follows:
    For the purpose of this certification, all fishermen affected by
this rule will be considered individual small entities. Given the
nature of sampling programs and limited NMFS resources, this rule will
likely affect less than one hundred fishermen at any given time.
    Individual small entities will incur no direct costs for complying
with this observer requirement as NMFS will pay the direct costs
associated with observer coverage (e.g., observer and related
expenses). Potential indirect costs to individual small entities
required to take observers under this rule may include: lost space on
deck for catch, lost bunk space, and lost fishing time due to time
needed to process bycatch data. For all these potential indirect costs,
it is important to note that, due to limited resources and sampling
protocols, effective monitoring will rotate observers among a limited
number of vessels in a fishery at any given time. Thus, the potential
indirect costs to individual small entities further described below are
expected to be minimal since observer coverage would only be required
for a small percentage of an individual's total annual fishing time.
    Lost space on deck for catch is a potential indirect cost to small
entities. The indirect costs would potentially be less room to store
catch or to house another active fishermen. However, in accordance with
Observer Health and Safety standards, vessels too small to accommodate
an observer will not be required to take an observer under this rule.
Thus, the individuals most likely to be affected by this indirect cost,
will not likely be required to accommodate an observer.
    Lost bunk space is a potential cost in that a vessel may need to
limit the number of working fishermen onboard to accommodate an
observer for overnight trips. While this could result in lost fishing
effort, and therefore lost catch, this would only be a potential cost
to that subset of fishing vessels for which overnight fishing trips are
a regular occurrence. Furthermore, given that larger vessels are
usually used for fishing involving multi-day trips, the circumstances
in which an observer would significantly displace fishing effort due to
lost bunk space are not expected to occur with frequency. Thus, for
this and the reasons stated above, the potential indirect cost of lost
bunk space to individual small entities resulting from this rule is
expected to be minimal.
    Lost fishing time due to time needed to process sea turtle bycatch
data is another potential indirect cost to fishermen of this observer
requirement. However, while individually significant, sea turtle
bycatch events are generally rare occurrences. Thus, the need to
process such data is not expected to occur on a frequent basis,
rendering this an insignificant impact on individual fishermen.
    This rule proposes an annual notification process whereby the
Assistant Administrator for Fisheries (AA) would make an annual
determination identifying which fisheries require observer coverage for
the purpose of monitoring potential sea turtle takes. The determination
will be based on the best available commercial and biological data and
will be published in the Federal Register as both proposed and final
notices to the public that the AA is implementing the requirements
specified in this section. A 30-day delay in effective date for
implementing observer coverage will follow the annual notification,
except for those fisheries that were listed in the preceding annual
notification or where the AA has determined that there is good cause to
make the rule effective without a 30-day delay. Annual notification
will include, but not be limited to, information on the fisheries to be
sampled, geographic and seasonal scope, and level of coverage.
    For the reasons stated herein, the proposed rule to establish
mandatory observer coverage is not likely to impose a significant
economic impact on a substantial number of small entities.
    This proposed rule does not contain a collection-of-information
requirement subject to the Paperwork Reduction Act.
    This proposed rule contains policies with federalism implications
as that term is defined in Executive Order 13132. Accordingly, the
Assistant Secretary for Legislative and Intergovernmental Affairs will
provide notice of the proposed action to the appropriate officials of
affected state, local, and/or tribal governments to solicit their input
on the development of the observer program in this proposed rule.

List of Subjects

50 CFR Part 222
    Administrative Practice and Procedure, Endangered and threatened
species, Exports, Imports, Marine mammals.
50 CFR Part 223
    Endangered and threatened species, Exports, Imports,
Transportation.

    Dated: December 14, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR parts 222 and 223
are proposed to be amended as follows:

[[Page 76269]]

PART 222--GENERAL ENDANGERED AND THREATENED MARINE SPECIES

    1. The authority citation for part 222 is amended by deleting
Section 222.403 also issued under 16 U.S.C. 1361 et seq.

    Authority: 16 U.S.C. 1531 et seq.; 16 U.S.C. 742a et seq.
    2. New subpart D is added to read as follows:

Subpart D--Observer Requirement

Sec.
222.401 Observer requirement.
222.402 Annual determination of fisheries to be observed; notice and
comment.
222.403 Duration of selection; effective date.
222.404 Observer program sampling.

Subpart D Observer Requirement

Sec.  222.401  Observer requirement.

    Any commercial or recreational fishing vessel which operates within
the territorial seas or exclusive economic zone of the United States in
a fishery that is identified through the annual determination process
specified in Sec.  222.402 must carry aboard a NMFS-approved observer
upon request by the NMFS Assistant Administrator or a NMFS Regional
Administrator. NMFS will pay direct costs for the observer. Owners and
operators must comply with observer safety requirements specified at 50
CFR 600.745 and the terms and conditions specified in the written
notification.

Sec.  222.402  Annual determination of fisheries to be observed; notice
and comment.

    (a) The Assistant Administrator, in consultation with Regional
Administrators and Science Center Directors, will make an annual
determination identifying which fisheries the agency intends to
observe. This determination will be based on the following criteria:
    (1) The extent to which the fishery operates in the same waters and
at the same time as sea turtles are present;
    (2) The extent to which:
    (i) The fishery operates at the same time or prior to elevated sea
turtle strandings; or
    (ii) The fishery uses a gear or technique that is known or likely
to result in incidental take of sea turtles based on documented or
reported takes in the same or similar fisheries; and
    (3) The extent to which NMFS intends to monitor the fishery and
anticipates that it will have the funds to do so.
    (b) The Assistant Administrator shall publish the proposed
determination in the Federal Register notice and seek comment from the
public. In addition, a written notification of the proposed
determination will be sent to the address specified for the vessel in
either the NMFS or state fishing permit application, or to the address
specified for registration or documentation purposes, or upon written
notification otherwise served on the owners or operator of the vessel.
Additionally, NMFS will notify state agencies and provide notification
through publication in local newspapers, radio broadcasts, and any
other means as appropriate. The proposed and final determinations will
include, to the extent practicable, information on fishing sector,
targeted gear type, target fishery, temporal and geographic scope of
coverage, or other information, as appropriate.
    (c) Fisheries listed on the most recent annual Marine Mammal
Protection Act List of Fisheries in any given year, in accordance with
16 U.S.C. 1387, will serve as the universe of commercial fisheries to
be considered for inclusion in the annual determination. Select
recreational fisheries suspected of interacting with sea turtles may
also be included in the annual determination.
    (d) Publication of the proposed and final determinations should be
coordinated to the extent possible with the annual Marine Mammal
Protection Act List of Fisheries process as specified at 50 CFR 229.8.
    (e) Inclusion of a fishery included in a proposed or final
determination does not constitute a conclusion by NMFS that those
participating in the fishery are illegally taking sea turtles.

Sec.  222.403  Duration of selection; effective date.

    (a) Fisheries included in the final annual determination in a given
year will remain eligible for observer coverage under this rule for
five years, without need for NMFS to include the fishery in the
intervening proposed annual determinations, to enable the design of an
appropriate sampling program and to ensure collection of scientific
data. If NMFS wishes to continue observations beyond the fifth year,
NMFS must include the fishery in the proposed annual determination and
seek comment, prior to the expiration of the fifth year.
    (b) A 30-day delay in effective date for implementing observer
coverage will follow the annual notification, except for those
fisheries that were included in a previous determination within the
preceding five years.

Sec.  222.404  Observer program sampling.

    (a) During the program design, NMFS would be guided by the
following standards in the distribution and placement of observers
among fisheries and vessels in a particular fishery:
    (1) The requirements to obtain the best available scientific
information;
    (2) The requirement that assignment of observers is fair and
equitable among fisheries and among vessels in a fishery;
    (3) The requirement that no individual person or vessel, or group
of persons or vessels, be subject to inappropriate, excessive observer
coverage; and
    (4) The need to minimize costs and avoid duplication, where
practicable.
    (b) Consistent with 16 U.S.C. 1881(b), vessels where the facilities
for accommodating an observer or carrying out observer functions are so
inadequate or unsafe (due to size or quality of equipment, for example)
that the health or safety of the observer or the safe operation of the
vessel would be jeopardized, would not be required to take observers
under this rule.

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.; 16 U.S.C. 5503(d) for Sec. 
223.206(d)(9).
    2. In Sec.  223.206, the second sentence of paragraph (d)(4)(iv) is
revised to read as follows:

Sec.  223.206  Exceptions to prohibitions relating to sea turtles.

* * * * *
    (d) * * *
    (4) * * *
    (iv) Procedures. * * * An emergency notification will be effective
for a period of up to 30 days and may be renewed for additional periods
of up to 30 days each, except that emergency placement of observers
will be effective for a period of up to 180 days and may be renewed for
an additional period of 60 days.* * *
* * * * *
[FR Doc. E6-21739 Filed 12-19-06; 8:45 am]
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