Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan (ALWTRP), 25492-25495 [05-9602]
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25492
Federal Register / Vol. 70, No. 92 / Friday, May 13, 2005 / Rules and Regulations
DEPARTMENT OF DEFENSE
Department of the Navy
32 CFR Part 701
[Secretary of the Navy Instruction 5211.5]
Privacy Act; Implementation
Department of the Navy, DoD.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Department of the Navy
is exempting the records contained in
the Privacy Act system of records notice
N12410–2, entitled—NCIS Training
Academy Records. The exemption is
intended to preserve the objectivity and/
or fairness of the Naval Criminal
Investigative Service (NCIS) test or
examination process.
EFFECTIVE DATE: April 27, 2005.
FOR FURTHER INFORMATION CONTACT: Mrs.
Doris Lama at (202) 685–6545 or DSN
325–6545.
SUPPLEMENTARY INFORMATION: The
proposed rule was published on
February 25, 2005, at 70 FR 9262. No
comments were received; therefore, the
Department of the Navy is adopting the
rule as published below. Executive
Order 12866, ‘‘Regulatory Planning and
Review’’. The Director of
Administration and Management, Office
of the Secretary of Defense, hereby
determines that Privacy Act rules for the
Department of Defense are not
significant rules. The rules do not (1)
Have an annual effect on the economy
of $100 million or more or adversely
affect in a material way the economy; a
sector of the economy; productivity;
competition; jobs; the environment;
public health or safety; or State, local,
or tribal governments or communities;
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another Agency; (3)
Materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs, or the rights and obligations
of recipients thereof; or (4) Raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in this Executive
order.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. Chapter 6)
The Director of Administration and
Management, Office of the Secretary of
Defense, hereby certifies that Privacy
Act rules for the Department of Defense
do not have significant economic impact
on a substantial number of small entities
because they are concerned only with
the administration of Privacy Act
systems of records within the
Department of Defense.
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19:24 May 12, 2005
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Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
The Director of Administration and
Management, Office of the Secretary of
Defense, hereby certifies that Privacy
Act rules for the Department of Defense
impose no information requirements
beyond the Department of Defense and
that the information collected within
the Department of Defense is necessary
and consistent with 5 U.S.C. 552a,
known as the Privacy Act of 1974.
Section 202, Public Law 104–4,
‘‘Unfunded Mandates Reform Act’’
The Director of Administration and
Management, Office of the Secretary of
Defense, hereby certifies that the
Privacy Act rulemaking for the
Department of Defense does not involve
a Federal mandate that may result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
and that such rulemaking will not
significantly or uniquely affect small
governments.
Executive Order 13132, ‘‘Federalism’’
The Director of Administration and
Management, Office of the Secretary of
Defense, hereby certifies that the
Privacy Act rules for the Department of
Defense do not have federalism
implications. The rules do not have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government.
List of Subjects in 32 CFR Part 701
Privacy.
1. The authority citation for 32 CFR
part 701, Subpart G continues to read as
follows:
I
Authority: Pub. L. 93–579, 88 Stat. 1896 (5
U.S.C. 552a).
2. Section 701.118, is amended by
adding paragraph (h) to read as follows:
I
§ 701.118 Exemptions for specific Navy
record systems.
*
*
*
*
(h) System identifier and name:
N12410–2, NCIS Training Academy
Records.
(1) Exemption: (i) Testing or
examination material used solely to
determine individual qualifications for
appointment or promotion in the federal
or military service, if the disclosure
would compromise the objectivity or
fairness of the test or examination
process may be exempt pursuant to 5
PO 00000
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Dated: May 5, 2005.
Jeannette Owings-Ballard,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 05–9418 Filed 5–12–05; 8:45 am]
BILLING CODE 5001–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 229
[Docket No. 030221039–5125–21; I.D.
050605A]
Taking of Marine Mammals Incidental
to Commercial Fishing Operations;
Atlantic Large Whale Take Reduction
Plan (ALWTRP)
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
AGENCY:
PART 701—[AMENDED]
*
U.S.C. 552a(k)(6), if the disclosure
would compromise the objectivity or
fairness of the test or examination
process. Therefore, information within
this system of records may be exempt
pursuant to 5 U.S.C. 552a, subsection
(d).
(ii) Portions of this system of records
are exempt from the following
subsection of the Privacy Act: (d).
(2) Authority: 5 U.S.C. 552a(k)(6).
(3) Reason: From subsection (d)
because this system relates to testing or
examination materials used solely to
determine individual qualifications for
appointment or promotion in the
Federal service. Access to or
amendment of this information by the
data subject would compromise the
objectivity and fairness of the NCIS test
and evaluation system.
*
*
*
*
*
SUMMARY: The Assistant Administrator
for Fisheries (AA), NOAA, announces
temporary restrictions consistent with
the requirements of the ALWTRP’s
implementing regulations. These
regulations apply to lobster trap/pot and
anchored gillnet fishermen in an area
totaling approximately 1,235 nm2 (4,236
km2), southeast of Chatham, MA for 15
days. The purpose of this action is to
provide protection to an aggregation of
northern right whales (right whales).
DATES: Effective beginning at 0001 hours
May 15, 2005, through 2400 hours May
29, 2005.
ADDRESSES: Copies of the proposed and
final Dynamic Area Management (DAM)
rules, Environmental Assessments
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Federal Register / Vol. 70, No. 92 / Friday, May 13, 2005 / Rules and Regulations
(EAs), Atlantic Large Whale Take
Reduction Team (ALWTRT) meeting
summaries, and progress reports on
implementation of the ALWTRP may
also be obtained by writing Diane
Borggaard, NMFS/Northeast Region,
One Blackburn Drive, Gloucester, MA
01930.
FOR FURTHER INFORMATION CONTACT:
Diane Borggaard, NMFS/Northeast
Region, 978–281–9300 x6503; or Kristy
Long, NMFS, Office of Protected
Resources, 301–713–1401.
SUPPLEMENTARY INFORMATION:
Electronic Access
Several of the background documents
for the ALWTRP and the take reduction
planning process can be downloaded
from the ALWTRP web site at https://
www.nero.noaa.gov/whaletrp/.
Background
The ALWTRP was developed
pursuant to section 118 of the Marine
Mammal Protection Act (MMPA) to
reduce the incidental mortality and
serious injury of three endangered
species of whales (right, fin, and
humpback) due to incidental interaction
with commercial fishing activities. In
addition, the measures identified in the
ALWTRP would provide conservation
benefits to a fourth species (minke),
which are neither listed as endangered
nor threatened under the Endangered
Species Act (ESA). The ALWTRP,
implemented through regulations
codified at 50 CFR 229.32, relies on a
combination of fishing gear
modifications and time/area closures to
reduce the risk of whales becoming
entangled in commercial fishing gear
(and potentially suffering serious injury
or mortality as a result).
On January 9, 2002, NMFS published
the final rule to implement the
ALWTRP’s DAM program (67 FR 1133).
On August 26, 2003, NMFS amended
the regulations by publishing a final
rule, which specifically identified gear
modifications that may be allowed in a
DAM zone (68 FR 51195). The DAM
program provides specific authority for
NMFS to restrict temporarily on an
expedited basis the use of lobster trap/
pot and anchored gillnet fishing gear in
areas north of 40° N. lat. to protect right
whales. Under the DAM program,
NMFS may: (1) require the removal of
all lobster trap/pot and anchored gillnet
fishing gear for a 15–day period; (2)
allow lobster trap/pot and anchored
gillnet fishing within a DAM zone with
gear modifications determined by NMFS
to sufficiently reduce the risk of
entanglement; and/or (3) issue an alert
to fishermen requesting the voluntary
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removal of all lobster trap/pot and
anchored gillnet gear for a 15–day
period and asking fishermen not to set
any additional gear in the DAM zone
during the 15–day period.
A DAM zone is triggered when NMFS
receives a reliable report from a
qualified individual of three or more
right whales sighted within an area (75
nm2 (139 km2)) such that right whale
density is equal to or greater than 0.04
right whales per nm2 (1.85 km2). A
qualified individual is an individual
ascertained by NMFS to be reasonably
able, through training or experience, to
identify a right whale. Such individuals
include, but are not limited to, NMFS
staff, U.S. Coast Guard and Navy
personnel trained in whale
identification, scientific research survey
personnel, whale watch operators and
naturalists, and mariners trained in
whale species identification through
disentanglement training or some other
training program deemed adequate by
NMFS. A reliable report would be a
credible right whale sighting.
On May 4, 2005, an aerial survey
reported a sighting of five right whales
in the proximity 41° 12.4′ N. lat. and 69°
24.4′ W. long. This position lies
southeast of Chatham, MA. After
conducting an investigation, NMFS
ascertained that the report came from a
qualified individual and determined
that the report was reliable. Thus,
NMFS has received a reliable report
from a qualified individual of the
requisite right whale density to trigger
the DAM provisions of the ALWTRP.
Once a DAM zone is triggered, NMFS
determines whether to impose
restrictions on fishing and/or fishing
gear in the zone. This determination is
based on the following factors,
including but not limited to: the
location of the DAM zone with respect
to other fishery closure areas, weather
conditions as they relate to the safety of
human life at sea, the type and amount
of gear already present in the area, and
a review of recent right whale
entanglement and mortality data.
NMFS has reviewed the factors and
management options noted above
relative to the DAM under
consideration. As a result of this review,
NMFS prohibits lobster trap/pot and
anchored gillnet gear in this area during
the 15–day restricted period unless it is
modified in the manner described in
this temporary rule.
In May, the DAM Zone overlaps SAM
East and the Great South Channel
Critical Habitat, and because the May 4
right whale sightings occurred within
the area of a previously identified DAM
zone triggered by the April 5, 2005,
aerial-based sighting of 9 right whales
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25493
(70 FR 20484, April 20, 2005), the
coordinates for this DAM zone will
encompass the same area, which is
bound by the following coordinates:
41°52.8′ N., 69°57.5′ W. (NW Corner)
41°52.8′ N., 69°24′ W.
41°48.9′ N., 69°2′’ W.
41°40′ N., 69°45′ W.
41°09′ N., 69°14.4′ W.
41°09′ N., 70°07′ W.
41°14.4′ N., 70°07′ W. and follow the
Nantucket coastline eastward,
northward and then southward to
41°18′ N., 70°07′ W.
41°39.6′ N., 70°07′ W. and follow the
Cape Cod coastline eastward and then
northward back to NW Corner
In addition to those gear
modifications currently implemented
under the ALWTRP at 50 CFR 229.32,
the following gear modifications are
required in the DAM zone. If the
requirements and exceptions for gear
modifications in the DAM zone, as
described below, differ from other
ALWTRP requirements for any
overlapping areas and times, then the
more restrictive requirements will apply
in the DAM zone. Special note for
gillnet fisherman: During May, a portion
of this DAM zone overlaps the Northeast
multispecies seasonal Georges Bank
Closure Area found at 50 CFR 648.80(g).
Due to this closure, sink gillnet gear is
prohibited from this portion of the DAM
zone during the month of May.
Lobster Trap/Pot Gear
Fishermen utilizing lobster trap/pot
gear within the portion of the Northern
Nearshore Lobster Waters and Northern
Inshore State Lobster Waters that
overlap with the DAM zone are required
to utilize all of the following gear
modifications while the DAM zone is in
effect:
1. Groundlines must be made of either
sinking or neutrally buoyant line.
Floating groundlines are prohibited.
2. All buoy lines must be made of
either sinking or neutrally buoyant line,
except the bottom portion of the line,
which may be a section of floating line
not to exceed one-third the overall
length of the buoy line.
3. Fishermen are allowed to use two
buoy lines per trawl.
4. A weak link with a maximum
breaking strength of 600 lb (272.4 kg)
must be placed at all buoys.
Fishermen utilizing lobster trap/pot
gear within the portion of the Offshore
Lobster Waters Area that overlap with
the DAM zone are required to utilize all
of the following gear modifications
while the DAM zone is in effect:
1. Groundlines must be made of either
sinking or neutrally buoyant line.
Floating groundlines are prohibited.
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Federal Register / Vol. 70, No. 92 / Friday, May 13, 2005 / Rules and Regulations
2. All buoy lines must be made of
either sinking or neutrally buoyant line,
except the bottom portion of the line,
which may be a section of floating line
not to exceed one-third the overall
length of the buoy line.
3. Fishermen are allowed to use two
buoy lines per trawl.
4. A weak link with a maximum
breaking strength of 1,500 lb (680.4 kg)
must be placed at all buoys.
Anchored Gillnet Gear
Fishermen utilizing anchored gillnet
gear within the portion of the Other
Northeast Gillnet Waters that overlap
with the DAM zone are required to
utilize all the following gear
modifications while the DAM zone is in
effect:
1. Groundlines must be made of either
sinking or neutrally buoyant line.
Floating groundlines are prohibited.
2. All buoy lines must be made of
either sinking or neutrally buoyant line,
except the bottom portion of the line,
which may be a section of floating line
not to exceed one-third the overall
length of the buoy line.
3. Fishermen are allowed to use two
buoy lines per string.
4. Each net panel must have a total of
five weak links with a maximum
breaking strength of 1,100 lb (498.8 kg).
Net panels are typically 50 fathoms
(91.4 m) in length, but the weak link
requirements would apply to all
variations in panel size. These weak
links must include three floatline weak
links. The placement of the weak links
on the floatline must be: one at the
center of the net panel and one each as
close as possible to each of the bridle
ends of the net panel. The remaining
two weak links must be placed in the
center of each of the up and down lines
at the panel ends.
5. All anchored gillnets, regardless of
the number of net panels, must be
securely anchored with the holding
power of at least a 22–lb (10.0–kg)
Danforth-style anchor at each end of the
net string.
The restrictions will be in effect
beginning at 0001 hours May 15, 2005,
through 2400 hours May 29, 2005,
unless terminated sooner or extended by
NMFS through another notification in
the Federal Register.
The restrictions will be announced to
state officials, fishermen, ALWTRT
members, and other interested parties
through e-mail, phone contact, NOAA
website, and other appropriate media
immediately upon filing with the
Federal Register.
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Classification
In accordance with section 118(f)(9) of
the MMPA, the Assistant Administrator
(AA) for Fisheries has determined that
this action is necessary to implement a
take reduction plan to protect North
Atlantic right whales.
Environmental Assessments for the
DAM program were prepared on
December 28, 2001 and August 6, 2003.
This action falls within the scope of the
analyses of these EAs, which are
available from the agency upon request.
NMFS provided prior notice and an
opportunity for public comment on the
regulations establishing the criteria and
procedures for implementing a DAM
zone. Providing prior notice and
opportunity for comment on this action,
pursuant to those regulations, would be
impracticable because it would prevent
NMFS from executing its functions to
protect and reduce serious injury and
mortality of endangered right whales.
The regulations establishing the DAM
program are designed to enable the
agency to help protect unexpected
concentrations of right whales. In order
to meet the goals of the DAM program,
the agency needs to be able to create a
DAM zone and implement restrictions
on fishing gear as soon as possible once
the criteria are triggered and NMFS
determines that a DAM restricted zone
is appropriate. If NMFS were to provide
prior notice and an opportunity for
public comment upon the creation of a
DAM restricted zone, the aggregated
right whales would be vulnerable to
entanglement which could result in
serious injury and mortality.
Additionally, the right whales would
most likely move on to another location
before NMFS could implement the
restrictions designed to protect them,
thereby rendering the action obsolete.
Therefore, pursuant to 5 U.S.C.
553(b)(B), the AA finds that good cause
exists to waive prior notice and an
opportunity to comment on this action
to implement a DAM restricted zone to
reduce the risk of entanglement of
endangered right whales in commercial
lobster trap/pot and anchored gillnet
gear as such procedures would be
impracticable.
For the same reasons, the AA finds
that, under 5 U.S.C. 553(d)(3), good
cause exists to waive the 30–day delay
in effective date. If NMFS were to delay
for 30 days the effective date of this
action, the aggregated right whales
would be vulnerable to entanglement,
which could cause serious injury and
mortality. Additionally, right whales
would likely move to another location
between the time NMFS approved the
action creating the DAM restricted zone
PO 00000
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and the time it went into effect, thereby
rendering the action obsolete and
ineffective. Nevertheless, NMFS
recognizes the need for fishermen to
have time to either modify or remove (if
not in compliance with the required
restrictions) their gear from a DAM zone
once one is approved. Thus, NMFS
makes this action effective 2 days after
the date of publication of this document
in the Federal Register. NMFS will also
endeavor to provide notice of this action
to fishermen through other means as
soon as the AA approves it, thereby
providing approximately 3 additional
days of notice while the Office of the
Federal Register processes the document
for publication.
NMFS determined that the regulations
establishing the DAM program and
actions such as this one taken pursuant
to those regulations are consistent to the
maximum extent practicable with the
enforceable policies of the approved
coastal management program of the U.S.
Atlantic coastal states. This
determination was submitted for review
by the responsible state agencies under
section 307 of the Coastal Zone
Management Act. Following state
review of the regulations creating the
DAM program, no state disagreed with
NMFS’ conclusion that the DAM
program is consistent to the maximum
extent practicable with the enforceable
policies of the approved coastal
management program for that state.
The DAM program under which
NMFS is taking this action contains
policies with federalism implications
warranting preparation of a federalism
assessment under Executive Order
13132. Accordingly, in October 2001
and March 2003, the Assistant Secretary
for Intergovernmental and Legislative
Affairs, Department of Commerce,
provided notice of the DAM program
and its amendments to the appropriate
elected officials in states to be affected
by actions taken pursuant to the DAM
program. Federalism issues raised by
state officials were addressed in the
final rules implementing the DAM
program. A copy of the federalism
Summary Impact Statement for the final
rules is available upon request
(ADDRESSES).
The rule implementing the DAM
program has been determined to be not
significant under Executive Order
12866.
Authority: 16 U.S.C. 1361 et seq. and 50
CFR 229.32(g)(3)
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Dated: May 9, 2005.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
[FR Doc. 05–9602 Filed 5–12–05; 2:34 pm]
BILLING CODE 3510–22–S
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25495
]]>Agencies
[Federal Register Volume 70, Number 92 (Friday, May 13, 2005)]
[Rules and Regulations]
[Pages 25492-25495]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9602]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 030221039-5125-21; I.D. 050605A]
Taking of Marine Mammals Incidental to Commercial Fishing
Operations; Atlantic Large Whale Take Reduction Plan (ALWTRP)
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule.
-----------------------------------------------------------------------
SUMMARY: The Assistant Administrator for Fisheries (AA), NOAA,
announces temporary restrictions consistent with the requirements of
the ALWTRP's implementing regulations. These regulations apply to
lobster trap/pot and anchored gillnet fishermen in an area totaling
approximately 1,235 nm\2\ (4,236 km\2\), southeast of Chatham, MA for
15 days. The purpose of this action is to provide protection to an
aggregation of northern right whales (right whales).
DATES: Effective beginning at 0001 hours May 15, 2005, through 2400
hours May 29, 2005.
ADDRESSES: Copies of the proposed and final Dynamic Area Management
(DAM) rules, Environmental Assessments
[[Page 25493]]
(EAs), Atlantic Large Whale Take Reduction Team (ALWTRT) meeting
summaries, and progress reports on implementation of the ALWTRP may
also be obtained by writing Diane Borggaard, NMFS/Northeast Region, One
Blackburn Drive, Gloucester, MA 01930.
FOR FURTHER INFORMATION CONTACT: Diane Borggaard, NMFS/Northeast
Region, 978-281-9300 x6503; or Kristy Long, NMFS, Office of Protected
Resources, 301-713-1401.
SUPPLEMENTARY INFORMATION:
Electronic Access
Several of the background documents for the ALWTRP and the take
reduction planning process can be downloaded from the ALWTRP web site
at https://www.nero.noaa.gov/whaletrp/.
Background
The ALWTRP was developed pursuant to section 118 of the Marine
Mammal Protection Act (MMPA) to reduce the incidental mortality and
serious injury of three endangered species of whales (right, fin, and
humpback) due to incidental interaction with commercial fishing
activities. In addition, the measures identified in the ALWTRP would
provide conservation benefits to a fourth species (minke), which are
neither listed as endangered nor threatened under the Endangered
Species Act (ESA). The ALWTRP, implemented through regulations codified
at 50 CFR 229.32, relies on a combination of fishing gear modifications
and time/area closures to reduce the risk of whales becoming entangled
in commercial fishing gear (and potentially suffering serious injury or
mortality as a result).
On January 9, 2002, NMFS published the final rule to implement the
ALWTRP's DAM program (67 FR 1133). On August 26, 2003, NMFS amended the
regulations by publishing a final rule, which specifically identified
gear modifications that may be allowed in a DAM zone (68 FR 51195). The
DAM program provides specific authority for NMFS to restrict
temporarily on an expedited basis the use of lobster trap/pot and
anchored gillnet fishing gear in areas north of 40[deg] N. lat. to
protect right whales. Under the DAM program, NMFS may: (1) require the
removal of all lobster trap/pot and anchored gillnet fishing gear for a
15-day period; (2) allow lobster trap/pot and anchored gillnet fishing
within a DAM zone with gear modifications determined by NMFS to
sufficiently reduce the risk of entanglement; and/or (3) issue an alert
to fishermen requesting the voluntary removal of all lobster trap/pot
and anchored gillnet gear for a 15-day period and asking fishermen not
to set any additional gear in the DAM zone during the 15-day period.
A DAM zone is triggered when NMFS receives a reliable report from a
qualified individual of three or more right whales sighted within an
area (75 nm\2\ (139 km\2\)) such that right whale density is equal to
or greater than 0.04 right whales per nm\2\ (1.85 km\2\). A qualified
individual is an individual ascertained by NMFS to be reasonably able,
through training or experience, to identify a right whale. Such
individuals include, but are not limited to, NMFS staff, U.S. Coast
Guard and Navy personnel trained in whale identification, scientific
research survey personnel, whale watch operators and naturalists, and
mariners trained in whale species identification through
disentanglement training or some other training program deemed adequate
by NMFS. A reliable report would be a credible right whale sighting.
On May 4, 2005, an aerial survey reported a sighting of five right
whales in the proximity 41[deg] 12.4' N. lat. and 69[deg] 24.4' W.
long. This position lies southeast of Chatham, MA. After conducting an
investigation, NMFS ascertained that the report came from a qualified
individual and determined that the report was reliable. Thus, NMFS has
received a reliable report from a qualified individual of the requisite
right whale density to trigger the DAM provisions of the ALWTRP.
Once a DAM zone is triggered, NMFS determines whether to impose
restrictions on fishing and/or fishing gear in the zone. This
determination is based on the following factors, including but not
limited to: the location of the DAM zone with respect to other fishery
closure areas, weather conditions as they relate to the safety of human
life at sea, the type and amount of gear already present in the area,
and a review of recent right whale entanglement and mortality data.
NMFS has reviewed the factors and management options noted above
relative to the DAM under consideration. As a result of this review,
NMFS prohibits lobster trap/pot and anchored gillnet gear in this area
during the 15-day restricted period unless it is modified in the manner
described in this temporary rule.
In May, the DAM Zone overlaps SAM East and the Great South Channel
Critical Habitat, and because the May 4 right whale sightings occurred
within the area of a previously identified DAM zone triggered by the
April 5, 2005, aerial-based sighting of 9 right whales (70 FR 20484,
April 20, 2005), the coordinates for this DAM zone will encompass the
same area, which is bound by the following coordinates:
41[deg]52.8' N., 69[deg]57.5' W. (NW Corner)
41[deg]52.8' N., 69[deg]24' W.
41[deg]48.9' N., 69[deg]2'' W.
41[deg]40' N., 69[deg]45' W.
41[deg]09' N., 69[deg]14.4' W.
41[deg]09' N., 70[deg]07' W.
41[deg]14.4' N., 70[deg]07' W. and follow the Nantucket coastline
eastward, northward and then southward to
41[deg]18' N., 70[deg]07' W.
41[deg]39.6' N., 70[deg]07' W. and follow the Cape Cod coastline
eastward and then northward back to NW Corner
In addition to those gear modifications currently implemented under
the ALWTRP at 50 CFR 229.32, the following gear modifications are
required in the DAM zone. If the requirements and exceptions for gear
modifications in the DAM zone, as described below, differ from other
ALWTRP requirements for any overlapping areas and times, then the more
restrictive requirements will apply in the DAM zone. Special note for
gillnet fisherman: During May, a portion of this DAM zone overlaps the
Northeast multispecies seasonal Georges Bank Closure Area found at 50
CFR 648.80(g). Due to this closure, sink gillnet gear is prohibited
from this portion of the DAM zone during the month of May.
Lobster Trap/Pot Gear
Fishermen utilizing lobster trap/pot gear within the portion of the
Northern Nearshore Lobster Waters and Northern Inshore State Lobster
Waters that overlap with the DAM zone are required to utilize all of
the following gear modifications while the DAM zone is in effect:
1. Groundlines must be made of either sinking or neutrally buoyant
line. Floating groundlines are prohibited.
2. All buoy lines must be made of either sinking or neutrally
buoyant line, except the bottom portion of the line, which may be a
section of floating line not to exceed one-third the overall length of
the buoy line.
3. Fishermen are allowed to use two buoy lines per trawl.
4. A weak link with a maximum breaking strength of 600 lb (272.4
kg) must be placed at all buoys.
Fishermen utilizing lobster trap/pot gear within the portion of the
Offshore Lobster Waters Area that overlap with the DAM zone are
required to utilize all of the following gear modifications while the
DAM zone is in effect:
1. Groundlines must be made of either sinking or neutrally buoyant
line. Floating groundlines are prohibited.
[[Page 25494]]
2. All buoy lines must be made of either sinking or neutrally
buoyant line, except the bottom portion of the line, which may be a
section of floating line not to exceed one-third the overall length of
the buoy line.
3. Fishermen are allowed to use two buoy lines per trawl.
4. A weak link with a maximum breaking strength of 1,500 lb (680.4
kg) must be placed at all buoys.
Anchored Gillnet Gear
Fishermen utilizing anchored gillnet gear within the portion of the
Other Northeast Gillnet Waters that overlap with the DAM zone are
required to utilize all the following gear modifications while the DAM
zone is in effect:
1. Groundlines must be made of either sinking or neutrally buoyant
line. Floating groundlines are prohibited.
2. All buoy lines must be made of either sinking or neutrally
buoyant line, except the bottom portion of the line, which may be a
section of floating line not to exceed one-third the overall length of
the buoy line.
3. Fishermen are allowed to use two buoy lines per string.
4. Each net panel must have a total of five weak links with a
maximum breaking strength of 1,100 lb (498.8 kg). Net panels are
typically 50 fathoms (91.4 m) in length, but the weak link requirements
would apply to all variations in panel size. These weak links must
include three floatline weak links. The placement of the weak links on
the floatline must be: one at the center of the net panel and one each
as close as possible to each of the bridle ends of the net panel. The
remaining two weak links must be placed in the center of each of the up
and down lines at the panel ends.
5. All anchored gillnets, regardless of the number of net panels,
must be securely anchored with the holding power of at least a 22-lb
(10.0-kg) Danforth-style anchor at each end of the net string.
The restrictions will be in effect beginning at 0001 hours May 15,
2005, through 2400 hours May 29, 2005, unless terminated sooner or
extended by NMFS through another notification in the Federal Register.
The restrictions will be announced to state officials, fishermen,
ALWTRT members, and other interested parties through e-mail, phone
contact, NOAA website, and other appropriate media immediately upon
filing with the Federal Register.
Classification
In accordance with section 118(f)(9) of the MMPA, the Assistant
Administrator (AA) for Fisheries has determined that this action is
necessary to implement a take reduction plan to protect North Atlantic
right whales.
Environmental Assessments for the DAM program were prepared on
December 28, 2001 and August 6, 2003. This action falls within the
scope of the analyses of these EAs, which are available from the agency
upon request.
NMFS provided prior notice and an opportunity for public comment on
the regulations establishing the criteria and procedures for
implementing a DAM zone. Providing prior notice and opportunity for
comment on this action, pursuant to those regulations, would be
impracticable because it would prevent NMFS from executing its
functions to protect and reduce serious injury and mortality of
endangered right whales. The regulations establishing the DAM program
are designed to enable the agency to help protect unexpected
concentrations of right whales. In order to meet the goals of the DAM
program, the agency needs to be able to create a DAM zone and implement
restrictions on fishing gear as soon as possible once the criteria are
triggered and NMFS determines that a DAM restricted zone is
appropriate. If NMFS were to provide prior notice and an opportunity
for public comment upon the creation of a DAM restricted zone, the
aggregated right whales would be vulnerable to entanglement which could
result in serious injury and mortality. Additionally, the right whales
would most likely move on to another location before NMFS could
implement the restrictions designed to protect them, thereby rendering
the action obsolete. Therefore, pursuant to 5 U.S.C. 553(b)(B), the AA
finds that good cause exists to waive prior notice and an opportunity
to comment on this action to implement a DAM restricted zone to reduce
the risk of entanglement of endangered right whales in commercial
lobster trap/pot and anchored gillnet gear as such procedures would be
impracticable.
For the same reasons, the AA finds that, under 5 U.S.C. 553(d)(3),
good cause exists to waive the 30-day delay in effective date. If NMFS
were to delay for 30 days the effective date of this action, the
aggregated right whales would be vulnerable to entanglement, which
could cause serious injury and mortality. Additionally, right whales
would likely move to another location between the time NMFS approved
the action creating the DAM restricted zone and the time it went into
effect, thereby rendering the action obsolete and ineffective.
Nevertheless, NMFS recognizes the need for fishermen to have time to
either modify or remove (if not in compliance with the required
restrictions) their gear from a DAM zone once one is approved. Thus,
NMFS makes this action effective 2 days after the date of publication
of this document in the Federal Register. NMFS will also endeavor to
provide notice of this action to fishermen through other means as soon
as the AA approves it, thereby providing approximately 3 additional
days of notice while the Office of the Federal Register processes the
document for publication.
NMFS determined that the regulations establishing the DAM program
and actions such as this one taken pursuant to those regulations are
consistent to the maximum extent practicable with the enforceable
policies of the approved coastal management program of the U.S.
Atlantic coastal states. This determination was submitted for review by
the responsible state agencies under section 307 of the Coastal Zone
Management Act. Following state review of the regulations creating the
DAM program, no state disagreed with NMFS' conclusion that the DAM
program is consistent to the maximum extent practicable with the
enforceable policies of the approved coastal management program for
that state.
The DAM program under which NMFS is taking this action contains
policies with federalism implications warranting preparation of a
federalism assessment under Executive Order 13132. Accordingly, in
October 2001 and March 2003, the Assistant Secretary for
Intergovernmental and Legislative Affairs, Department of Commerce,
provided notice of the DAM program and its amendments to the
appropriate elected officials in states to be affected by actions taken
pursuant to the DAM program. Federalism issues raised by state
officials were addressed in the final rules implementing the DAM
program. A copy of the federalism Summary Impact Statement for the
final rules is available upon request (ADDRESSES).
The rule implementing the DAM program has been determined to be not
significant under Executive Order 12866.
Authority: 16 U.S.C. 1361 et seq. and 50 CFR 229.32(g)(3)
[[Page 25495]]
Dated: May 9, 2005.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
[FR Doc. 05-9602 Filed 5-12-05; 2:34 pm]
BILLING CODE 3510-22-S
