Sea Turtle Conservation; Fishing Gear Inspection Program, 9297-9301 [E7-3630]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 72, Number 40 (Thursday, March 1, 2007)]
[Proposed Rules]
[Pages 9297-9301]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-3630]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 223

[Docket No. 070215034-7034-01; I.D. 020907D]
RIN 0648-AU98


Sea Turtle Conservation; Fishing Gear Inspection Program

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

ACTION:  Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY:  NMFS proposes to establish an inspection program for modified 
pound net leaders in the Virginia waters of the mainstem Chesapeake 
Bay. Current regulations require modified pound net leaders, as defined 
in the regulations, in a portion of the Virginia Chesapeake Bay, and 
allow them to be used in a different portion of the Chesapeake Bay. 
This proposed action would ensure that leaders used in those areas do 
in fact meet the definition of a modified pound net leader. This 
action, taken under the Endangered Species Act of 1973 (ESA), as 
amended, is intended to facilitate compliance with the existing 
regulation, which is designed to help protect threatened and endangered 
sea turtles.

DATES:  Comments on this action are requested, and must be received at 
the appropriate address or fax number (see ADDRESSES) by no later than 
5 p.m., eastern daylight time, on April 2, 2007.

ADDRESSES:  Written comments may be submitted on this proposed rule, 
identified by RIN 0648-AU98, by any one of the following methods:
    (1) E-mail: poundnetinspection@noaa.gov. Please include the RIN 
0648-AU98 in the subject line of the message.
    (2) Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions on the website for submitting comments.
    (3) NMFS/Northeast Region Website: https://www.nero.noaa.gov/nero/
regs/com.html Follow the instructions on the website for submitting 
comments.
    (4) Mail: Mary A. Colligan, Assistant Regional Administrator for 
Protected Resources, NMFS, Northeast Region, One Blackburn Drive, 
Gloucester, MA 01930, ATTN: Sea Turtle Conservation Measures, Proposed 
Rule
    (5) Facsimile (fax): 978-281-9394, ATTN: Sea Turtle Conservation 
Measures, Proposed Rule
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted in one of the above formats and by e-
mail to David--Rostker@omb.eop.gov, or fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT:  Pasquale Scida (ph. 978-281-9208, fax 
978-281-9394), or Barbara Schroeder (ph. 301-713-2322, fax 301-427-
2522).

SUPPLEMENTARY INFORMATION:

Background

    Based upon documented sea turtle interactions with pound net 
leaders, NMFS issued a final rule on May 5, 2004 (69 FR 24997), that 
prohibited the use of offshore pound net leaders from May 6 to July 15 
in an area now referred to as ``Pound Net Regulated Area I''. Pound Net 
Regulated Area I is defined as the Virginia waters of the mainstem 
Chesapeake Bay, south of 37[deg]19.0' N. lat. and west of 76[deg]13.0' 
W. long., and all waters south of 37[deg]13.0' N. lat. to the 
Chesapeake Bay Bridge Tunnel (extending from approximately 37[deg]05' 
N. lat., 75[deg]59' W. long. to 36[deg]55' N. lat., 76 08' W. long.) at 
the mouth of the Chesapeake Bay, and the portion of 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.) and the York River 
downstream of the Coleman Memorial Bridge (Route 17; approximately 
37[deg]14.55' N. lat, 76[deg]30.40' W. long.). An offshore pound net 
leader refers to a leader with the inland end set greater than 10 
horizontal feet (3 m) from the mean low water line. The May 2004 rule 
also placed restrictions on nearshore pound net leaders in Pound Net 
Regulated Area I and on all pound net leaders employed in ``Pound Net 
Regulated Area II.'' Pound Net Regulated Area II refers to Virginia 
waters of the Chesapeake Bay, outside of Pound Net Regulated Area I as 
defined above, extending to the Maryland-Virginia State line 
(approximately 37[deg]55' N. lat., 75[deg]55' W. long.), the Great 
Wicomico River downstream of the Jessie Dupont Memorial Highway Bridge 
(Route 200; approximately 37[deg]50.84' N. lat, 76[deg]22.09' W. 
long.), 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.), and the Piankatank River downstream of the Route 3 Bridge 
(approximately 37[deg]30.62' N. lat, 76[deg]25.19' W. long.) to the 
COLREGS line at the mouth of the Chesapeake Bay. According to the 2004 
rule, nearshore pound net leaders in Pound Net Regulated Area I and all 
pound net leaders in Pound Net Regulated Area II must have mesh size 
less than 12 inches (30.5 cm) stretched mesh and may not employ 
stringers.
    In 2004 and 2005, NMFS implemented a coordinated research program 
with pound net industry participants and other interested parties to 
develop and test a modified pound net leader design with the goal of 
eliminating or reducing sea turtle interactions while retaining an 
acceptable level of fish catch. The modified pound net leader design 
used in the experiment consisted of a combination of mesh and stiff 
vertical lines. The mesh size was equal to or less than 8 inches (20.3 
cm). The mesh was positioned at a depth that was no more than one-third 
the depth of the water.

[[Page 9298]]

The vertical lines were \5/16\ inch (0.8 cm) in diameter strung 
vertically at a minimum of every 2 feet (61 cm) and attached to a top 
line. The vertical lines rose from the top of the mesh up to a top line 
to which they were attached. In 2005, hard lay line was used for the 
vertical lines in order to make them stiffer. The hard lay lines used 
in 2005 were made of \5/16\ inch (0.8 cm) sinking line, and were 
polyester-wrapped around Polysteel, which is a blend of polypropylene 
and polyethylene. The design was based on the premise that the sea 
turtles would pass through the upper two-thirds of the leader, through 
the stiff vertical lines, without entangling in or impinging on the 
leader.
    During the 2-year study, the modified leader was found to be 
effective in reducing sea turtle interactions as compared to the 
unmodified leader. The final results of the 2004 study found that out 
of eight turtles impinged on or entangled in the leaders of pound nets, 
seven were impinged on or entangled in an unmodified leader. One 
leatherback turtle was found entangled in a modified leader. In 
response to the leatherback entanglement, the gear was further modified 
by increasing the stiffness of the vertical lines for the 2005 
experiment. The 2005 experiment found that 15 turtles entangled in 
unmodified leaders, but no turtles were impinged on or entangled in 
modified leaders. Furthermore, results of the finfish catch comparison 
suggest that the modified leader caught similar quantities and size 
compositions as the unmodified leader.
    Based upon these results, on June 23, 2006, NMFS issued a final 
rule (71 FR 36024) that required any offshore pound net leader in Pound 
Net Regulated Area I during the time period from May 6 through July 15 
to meet the definition of a modified pound net leader. A modified pound 
net leader was defined as a pound net leader that is affixed to or 
resting on the sea floor and made of a lower portion of mesh and an 
upper portion of only vertical lines such that (a) the mesh size is 
equal to or less than 8 inches (20.3 cm) stretched mesh; (b) at any 
particular point along the leader the height of the mesh from the 
seafloor to the top of the mesh must be no more than one-third the 
depth of the water at mean lower low water directly above that 
particular point; (c) the mesh is held in place by vertical lines that 
extend from the top of the mesh up to a top line, which is a line that 
forms the uppermost part of the pound net leader; (d) the vertical 
lines are equal to or greater than 5/16-inch (0.8-cm) in diameter and 
strung vertically at a minimum of every 2 feet (61 cm); and (e) the 
vertical lines are hard lay lines with a level of stiffness equivalent 
to the stiffness of a \5/16\ inch (0.8 cm) diameter line composed of 
polyester wrapped around a blend of polypropylene and polyethylene and 
containing approximately 42 visible twists of strands per foot of line.
    Existing mesh size and stringer restrictions on nearshore pound net 
leaders in Pound Net Regulated Area I and all pound net leaders in 
Pound Net Regulated Area II remain in place from May 6 through July 15 
each year. However, the June 2006 rule created an exception to those 
restrictions by allowing the use of modified pound net leaders during 
that period in nearshore pound net leaders in Pound Net Regulated Area 
I and all pound net leaders in Pound Net Regulated Area II. The year-
round reporting and monitoring requirements for this fishery and the 
framework mechanism under the existing regulations (May 5, 2004, 69 FR 
24997) also remained in effect.

The Proposed Action

    After the 2006 final rule was published, NMFS determined that an 
onshore inspection program that examines a modified leader ready for 
deployment would help ensure the protection of sea turtles, while 
avoiding the difficulties of and potential costs to fishermen 
associated with post-deployment inspections at-sea. For example, most 
of the pound net leader is typically set under the water, the water 
clarity in the Chesapeake Bay is generally poor, and there may be 
debris in the water that could endanger the inspector. In addition, if 
a fisherman was asked to haul the leader for an inspection once it was 
deployed, there would be a loss in fishing time. The modified leader 
configuration was developed to protect sea turtles, and it is important 
that the leaders deployed in this fishery meet the same standards as 
those tested in 2004 and 2005 and now embodied in the regulations. NMFS 
proposes an inspection program that would: (1) Provide fishermen with 
the assurance that their leaders meet the definition of a modified 
pound net leader before setting their gear, thereby avoiding the costs 
associated with having to haul their gear during the fishing season, 
fix any parts of the leader determined by an authorized officer during 
an at-sea inspection to be non-compliant with the regulation, and reset 
the gear; (2) provide managers with the knowledge that the offshore 
leaders in Pound Net Regulated Area I are configured in a ``turtle-
safe'' manner; and (3) aid in enforcement efforts.
    If a pound net fisherman intends to use a modified pound net leader 
anywhere in Pound Net Regulated Area I or Pound Net Regulated Area II 
at any time during the period from May 6 through July 15, he or she 
would adhere to the following requirements of the inspection program. 
First, the pound net fisherman, or his/her representative, would call 
NMFS at 757-414-0128 at least 72 hours before the modified leaders are 
to be deployed. During this call, the fisherman or representative and 
NMFS would discuss a meeting date, time, and location, as well as the 
fisherman's plans for setting his/her gear. While NMFS realizes that 
setting pound net gear is dependent upon weather conditions, allotting 
a window of 72 hours or more enables the fishermen and NMFS to arrange 
a mutually agreeable meeting time to examine the modified leaders. The 
second component of the inspection program involves a meeting between 
NMFS and the fisherman at the dock or place of leader fabrication, or 
another mutually agreeable place, to allow NMFS to examine the gear. 
This inspection may include, but is not limited to, measuring the mesh 
size, the spacing and diameter of the vertical lines, and the height of 
the mesh in relation to the entire leader height, as well as examining 
the hard lay line, to help ensure the modified leader meets the 
definition of a modified leader as established in the June 2006 final 
rule. During the inspection, the fisherman must inform NMFS of the 
specific location of deployment of his or her inspected pound net 
leader. If the modified leader meets the regulatory requirements, NMFS 
will tag the leader with one or more tamperproof tags (provided by 
NMFS) each of which will be marked with a unique identification number. 
Additionally, the fisherman will receive a letter from NMFS at the time 
of inspection noting that the leader has been inspected, the date of 
the inspection, the license holder's name for the site at which the 
leader will be set, the tag numbers of the attached tags, and the 
location of the inspected pound net leader. This letter must remain 
with the fisherman during fishing activities. The fisherman could then 
set his or her inspected leaders at any time after the dockside check, 
but the tags must remain on the gear. After tagging by NMFS, the tags 
may not be tampered with or removed from the inspected nets. Any 
modification to the tags on the leader, or their removal, is prohibited 
and voids the inspection information in the letter. If such occurs and 
the inspection information in the letter

[[Page 9299]]

becomes void, the fisherman would not be in compliance with the 
regulations and be subject to law enforcement action. If the onshore 
inspection indicates that the gear does not meet the requirements, then 
the fisherman would be told how to make his or her gear compliant with 
the regulation before setting it in the water for the season.
    Compared to other gear types and fisheries, the pound net fishery 
in Virginia has several characteristics that make an inspection program 
such as this necessary, and possible, to implement. The gear is only 
deployed once during a season (unless later damaged), and the fact that 
the leaders are below the surface combined with the low water clarity 
and visibility in Chesapeake Bay make inspection of the gear during the 
season virtually impossible. The number of pound nets for which the 
gear modification is required is relatively small (<50), which makes 
the inspection program feasible to implement.
    Current regulations require any offshore pound net leader in Pound 
Net Regulated Area I to meet the definition of a modified pound net 
leader, and allow the use of modified pound net leaders in nearshore 
pound net leaders in Pound Net Regulated Area I and on all pound net 
leaders in Pound Net Regulated Area II. This inspection program applies 
to all modified pound net leaders that will be in the Virginia 
Chesapeake Bay waters at any time during the period from May 6 through 
July 15. All modified pound net leaders must be inspected by NMFS prior 
to deployment, regardless of whether it is in Pound Net Regulated Area 
I or Pound Net Regulated Area II. NMFS can inspect a net at any time 
during the year, but all modified pound net leaders in Virginia 
Chesapeake Bay waters during the period from May 6 through July 15 must 
have been inspected by NMFS. If a tag is damaged, destroyed or lost by 
debris, vessel traffic, marine life, or any other cause, the fisherman 
must call NMFS within 48 hours of discovery to report this incident. 
Pound net fishermen are required to have their modified leaders 
inspected annually, within one year from the previous date of 
inspection. Note that if a modified leader is set prior to the issuance 
of a final rule, the modified leader would be allowed to remain in the 
water during the 2007 season, but it would need to be inspected if it 
will be in either Pound Net Regulated Area I or II at any time during 
the period from May 6 through July 15, in any subsequent year.
    According to this proposed rule, if a fisherman chooses to use a 
modified pound net leader, anywhere in Pound Net Regulated Area I or 
Pound Net Regulated Area II, at any time during the period from 12:01 
a.m. local time on May 6 through 11:59 p.m. local time on July 15 in 
any year, the pound net leader must be inspected on land by NMFS. This 
action would be implemented under the authority of the ESA sections 
4(d) and 11(f) and is necessary and appropriate to conserve threatened 
sea turtles and to enforce the provisions of the ESA, including the 
prohibition on takes of endangered sea turtles.
    All of the previously established NMFS regulations affecting sea 
turtles and pound net leaders in the Chesapeake Bay remain in effect.

Classification

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS has prepared an initial regulatory flexibility analysis that 
describes the economic impact this proposed rule, if adopted, would 
have on small entities. A description of the action, why it is being 
considered, and the legal basis for this action are contained in the 
preamble and in the SUMMARY section. A summary of the analysis follows:
    The fishery affected by this proposed rule is the Virginia pound 
net fishery in the Chesapeake Bay. The proposed action would establish 
an inspection program for modified pound net leaders in the Virginia 
waters of the mainstem Chesapeake Bay.
    The Final Environmental Assessment (EA) and Regulatory Impact 
Review Regulatory Flexibility Act Analysis of Sea Turtle Conservation 
Measures for the Pound Net Fishery in Virginia Waters of the Chesapeake 
Bay (June 2006) analyzed the economic impacts of requiring the use of 
the modified leader for offshore pound nets in Regulated Area I and 
allowing the use of the modified leader by all other pound nets in the 
Virginia waters of Chesapeake Bay between May 6 and July 15. The 
analysis found the rule would increase net revenues for five fishermen 
in the lower Bay by allowing them to fish offshore pound nets during 
the regulated time period, compared to the previous 2004 rule that 
prohibited leaders. The cost of fabricating and deploying the modified 
leader was more than offset by the increase in revenues. Additionally, 
the EA noted that the public benefits from turtle protection using the 
modified leader were indistinguishable from the leader prohibition. 
This rule does not change those conclusions; rather, it would help to 
support the benefits identified. If the compliance rate for use of the 
modified leader for offshore pound nets in Regulated Area I is not 100 
percent, there is potential for a reduction in the benefits from turtle 
protection. The economic incentives for a fisherman to decide not to 
comply with the existing regulations are minor; however, fishermen may 
not comply with the modified leader design specifications due to an 
inadvertent error in construction. In either case, benefits from the 
existing regulation could be reduced.
    The cost to a fisherman of undergoing a land based inspection is 
small. Assuming that fishing is not impeded by the regulation \1\, and 
the inspection is arranged at a location convenient to the fisherman, 
the principal cost to fishermen would be the opportunity cost of their 
time to arrange and undergo the inspection estimated at $21.50 per 
leader. Assuming telephone costs of $1.25 to arrange the meeting, the 
total cost would be $22.75 per leader. Fishermen are also required to 
notify NMFS by telephone if a tag is lost, damaged or destroyed. It is 
estimated such a call, should it be necessary, would take approximately 
5 minutes for an estimated cost of $2.90 per lost/damaged/destroyed tag 
(considering telephone charges and opportunity cost of time).
---------------------------------------------------------------------------

    \1\That is, fishermen are able to fish before the regulated 
period with an existing leader. Alternatively, if fishermen used the 
modified leader outside the regulated period, they would generally 
remove the leader for cleaning/maintenance at some time during the 
year; if inspection services were available during that time, 
fishing would not be impeded.
---------------------------------------------------------------------------

    The number of fishermen and leaders affected by this proposed rule 
will depend on how many fishermen adopt the modified leader. At the low 
end, if we assume that only those fishermen required to use the 
modified leader in order to fish do so, the estimate is five fishermen 
in the lower Bay with seven offshore leaders would incur inspection 
costs. Depending on the number of leaders a fisherman deploys, the cost 
per fisherman would range from $22.75 to $45.50 or 0.03 to 0.06 percent 
of average annual revenues per fisherman. A mid-range estimate suggests 
fishermen would replace all offshore pound net leaders with the 
modified leader. At the end of five years, 21 fishermen with 32 pound 
nets would incur costs between $22.75 to $45.50 or 0.03 to 0.08 percent 
of average annual revenues. At the high end, we can assume that during 
the normal leader replacement cycle, all fishermen adopted the modified 
leader for all pound nets used in Pound Net

[[Page 9300]]

Regulated Areas I and II during May 6 to July 15, the estimate at the 
end of five years would be 21 fishermen and 46 pound nets. The annual 
cost per fisherman would range from $22.75 to $91.00, or 0.04 to 0.11 
percent of average annual revenues. The total annual cost to the pound 
net industry would be $159.25 at the low level of adoption, or 
$1,046.50 under full adoption, which are 0.0073 to 0.0479 percent of 
industry revenues. Note that the cost of reporting lost, damaged, or 
destroyed tags is not included in the individual fisherman or industry 
estimates because there is no verifiable estimate of expected rate of 
tag loss. If one assumes three tags per leader and a 10-percent loss 
rate, the total industry cost would increase by $5.80 to $40.60 per 
year depending on the level of adoption and the year. The alternative 
to the proposed action is no action, for which there would not be any 
economic impacts on small entities.
    To achieve compliance, the proposed rule would require those 
fishermen who wish to deploy a modified leader during the period of May 
6 through July 15, to make their modified leaders available for 
inspection and tagging. Additionally, fishermen would be required to 
retain a letter that the leader is in compliance for the relevant 
period. Under existing regulations fishermen had to be familiar with 
the design requirements for the modified leader; this knowledge 
continues to be required under the proposed rule. In the event that a 
tagged leader is damaged or destroyed, fishermen would be required to 
report the loss to NMFS personnel. To access the inspection program and 
report lost or damaged tags, fishermen would need access to a 
telephone. No new skills would be required for compliance.
    This proposed rule does not duplicate, overlap or conflict with 
other Federal rules.
    This proposed rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). This requirement has been submitted to OMB for approval. Public 
reporting burden for the modified pound net leader certification 
program is estimated to average a maximum of 2 and one half hours per 
fisherman (or 51 hours for all Virginia pound net fishermen), including 
the time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information.
    Public comment is sought regarding: whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments on 
these or any other aspects of the collection of information to NMFS in 
one of the formats listed in the ADDRESSES section above, and e-mail to 
David--Rostker@omb.eop.gov, or fax to (202) 395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

List of Subjects in 50 CFR Part 223

    Endangered and threatened species, Exports, Transportation.

    Dated: February 23, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set forth in the preamble, 50 CFR part 223 is 
proposed to be amended as follows:

PART 223--THREATENED MARINE AND ANADROMOUS SPECIES

* * * * *
    1. The authority citation for part 223 continues to read as 
follows:

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

    2. In Sec.  223.205, paragraphs (b)(16) and (b)(17) are 
redesignated as (b)(21) and (b)(22), respectively, and paragraphs (b) 
(16) - (20) are added to read as follows:


Sec.  223.205  Sea turtles.

* * * * *
    (16) Set, tend, or fail to remove a pound net leader in Pound Net 
Regulated Area I or Pound Net Regulated Area II during the time period 
from May 6 through July 15 that does not meet the leader construction 
specifications described in 50 CFR 223.206(d)(10) and 50 CFR 222.102;
    (17) Set, tend, or haul a modified pound net leader in Pound Net 
Regulated Area I or Pound Net Regulated Area II defined in 50 CFR 
222.102 and referenced in 50 CFR 223.206(d)(10) during the time period 
from May 6 through July 15 unless that leader has been inspected, 
approved, and tagged by NMFS in accordance with 50 CFR 
223.206(d)(10)(vii) prior to deploying the leader;
    (18) Alter or replace any portion of a pound net leader that has 
been previously tagged by NMFS in accordance with 50 CFR 
223.206(d)(10)(vii) so that the altered or replaced portion is no 
longer consistent with the modified pound net leader definition in 50 
CFR 222.102, unless that altered or replaced portion is inspected and 
tagged by NMFS in accordance with 50 CFR 223.206(d)(10)(vii) or that 
alteration or replacement occurs after the regulated period of May 6 
through July 15;
    (19) Remove, transfer, sell, purchase, affix, or tamper with any 
tags used by NMFS to mark pound net leaders;
    (20) Fish, tend, or haul a modified pound net leader during the 
time period from May 6 through July 15 unless the fisherman has a pound 
net leader inspection letter issued by NMFS on board the vessel;
* * * * *
    3. In Sec.  223.206, paragraph (d)(10)(vii) is added to read as 
follows:


Sec.  223.206  Exemptions to prohibitions relating to sea turtles.

* * * * *
    (d) * * *
    (10) * * *
    (vii) Modified leader inspection program. Any fisherman planning to 
set or fish with a modified pound net leader in Pound Net Regulated 
Area I or Pound Net Regulated Area II at any time during the period 
from May 6 through July 15 must make his/her leader available for 
inspection and tagging by NMFS according to the following procedures. 
At least 72 hours prior to deploying a modified pound net leader, the 
fisherman, or his/her representative, must call NMFS at 757-414-0128 
between 7:00 a.m. and 5:00 p.m. local time and arrange for a mutually 
agreeable meeting date, time and place. The fisherman must meet NMFS at 
such location at the designated time and allow NMFS to examine his or 
her gear to ensure the leader meets the definition of a modified pound 
net leader. During the inspection, the fisherman must inform NMFS of 
the specific location where his or her inspected pound net leader will 
be set. NMFS will inspect the leader and, if it is determined to meet 
the definition of a modified pound net leader, will tag the modified 
pound net leader with tamperproof tags. Removing or tampering with any 
tag placed on the leader by NMFS is prohibited and voids the 
inspection. If a tag is damaged, destroyed, or lost due to any cause, 
the fisherman must call

[[Page 9301]]

NMFS at 757-414-0128 within 48 hours of discovery to report this 
incident. After the modified pound net leader is inspected and 
determined to meet the regulatory definition, NMFS will issue a letter 
to the fisherman, and the fisherman must retain that letter on board 
his/her vessel during pound net fishing activities. Modified pound net 
leaders must be inspected annually, within one year from the previous 
date of inspection.
* * * * *
[FR Doc. E7-3630 Filed 2-28-07; 8:45 am]
BILLING CODE 3510-22-S