Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Reporting Requirements and Conservation Measures, 29891-29893 [E7-10379]
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Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Rules and Regulations
Comments and Responses
DEPARTMENT OF COMMERCE
Comment 1: Two commenters offered
strong support for the interim action.
Response: Comment noted.
Comment 2: One commenter noted
that NMFS ‘‘ should have seen the
[ETAA] issue coming.’’
Response: Framework 18 included a
mechanism to adjust the ETAA trips.
The Council and NMFS included the
provision to adjust ETAA measures in
the event that the biomass estimates
were overestimated in Framework 18
initially. The Framework 18 mechanism
was determined to be not as effective as
the interim action in addressing the
uncertainty in the projections, but the
issue was anticipated.
National Oceanic and Atmospheric
Administration
Classification
SUMMARY: This action implements new
reporting and conservation measures
under the Coastal Pelagic Species (CPS)
Fishery Management Plan (FMP). The
purpose of this action is to prevent
interactions between CPS fisherman and
southern sea otters, as well as establish
methods for fishermen to report these
occurrences when they occur. These
reporting requirements and
conservation measures require CPS
fishermen/vessel operators to employ
avoidance measures when southern sea
otters are present in the area they are
fishing and to report any interactions
that may occur between their vessel
and/or fishing gear and sea otters.
DATES: Effective June 29, 2007, except
for § 660.520 which contains
information collection requirements that
have not been approved by OMB.
NOAA will publish a document in the
Federal Register announcing the
effective date.
ADDRESSES: Copies of Amendment 11
and its Environmental Assessment/
Regulatory Impact Review may be
obtained from the Southwest Regional
Office by contacting Rodney R. McInnis,
Regional Administrator, Southwest
Region, NMFS, 501 West Ocean Blvd.,
Suite 4200, Long Beach, CA 90802–
4213.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this action
may be submitted to the Southwest
Regional Office and by e-mail to
DavidlRostker@omb.eop.gov or fax to
(202) 395–7285
FOR FURTHER INFORMATION CONTACT:
Joshua B. Lindsay, Southwest Region,
NMFS, (562) 980–4034.
SUPPLEMENTARY INFORMATION: The CPS
FMP, which was implemented by
publication of the final rule in the
Because this interim rule merely
extends the interim action already in
place, for which public comment was
accepted and considered, NMFS finds it
is impracticable and contrary to the
public interest to provide any additional
notice and opportunity for public
comment under 5 U.S.C. 553(b)(B) prior
to publishing the interim rule. Waiving
prior notice and comment allows the
ETAA interim measures to remain in
place, thereby reducing the potential for
overfishing the scallop resource and
preventing excessive scallop mortality.
For these reasons, the need to extend
these measures to assure that
overfishing does not occur also
constitutes good cause under authority
contained in 5 U.S.C. 553(d)(3), to waive
the 30-day delayed effective date, and
extend the interim action upon
publication. This interim rule has been
determined to be not significant for
purposes of Executive Order 12866.
This interim rule is exempt from the
procedures of the Regulatory Flexibility
Act because the rule is issued without
opportunity for prior notice and
opportunity for public comment.
Dated: May 23, 2007.
Samuel D. Rauch III
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E7–10370 Filed 5–29–07; 8:45 am]
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BILLING CODE 3510–22–S
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50 CFR Part 660
[Docket No. 061127309–7100–02; I.D.
110706D]
RIN 0648–AU72
Fisheries Off West Coast States;
Coastal Pelagic Species Fisheries;
Reporting Requirements and
Conservation Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
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29891
Federal Register on December 15, 1999
(64 FR 69888), regulates commercial
fishing for CPS in the Exclusive
Economic Zone (EEZ) off the West
Coast; 3–200 nautical miles off the
coastlines of Washington, Oregon, and
California. This action implements new
reporting requirements and
conservation measures under the CPS
FMP. Southern sea otters are listed as
threatened under the Endangered
Species Act (ESA) and depleted under
the Marine Mammal Protection Act
(MMPA), providing them strict
protection under these laws. Known
interactions between CPS fishing
operations and southern sea otters are
extremely rare. Data gathered from this
action will prove valuable in
determining whether such interactions
are as rare as believed or whether
stronger measures are necessary to
ensure protection of this species. This
action stems from a biological opinion
(BO) issued by the U.S. Fish and
Wildlife Service (USFWS) regarding the
implementation of Amendment 11 to
the CPS FMP.
Background
In accordance with the regulations
implementing the ESA, NMFS initiated
an ESA section 7 consultation with the
USFWS regarding the possible effects of
implementing Amendment 11 (71 FR
36999) to the CPS FMP. USFWS
determined that formal consultation was
necessary on the possible effects to the
threatened southern sea otter. USFWS
completed a biological opinion (BO) for
this action and concluded that it was
not likely to jeopardize the continued
existence of the southern sea otter. The
requirements and conservation
measures put forth in this action stem
from this BO and are an attempt to
provide further conservation efforts for
southern sea otters. These reporting
requirements and conservation
measures require all CPS fishermen and
vessel operators to employ avoidance
measures when sea otters are present in
the fishing area and to report any
interactions that may occur between
their vessel and/or fishing gear and
otters.
Specifically, these new measures and
regulations are:
1. CPS fishing boat operators and
crew are prohibited from deploying
their nets if a southern sea otter is
observed within the area that would be
encircled by the purse seine.
2. If a southern sea otter is entangled
in a net, regardless of whether the
animal is injured or killed, such an
occurrence must be reported within 24
hours to the Regional Administrator,
NMFS Southwest Region.
E:\FR\FM\30MYR1.SGM
30MYR1
29892
Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Rules and Regulations
cprice-sewell on PRODPC61 with RULES
3. While fishing for CPS, vessel
operators must record all observations
of otter interactions (defined as otters
within encircled nets or coming into
contact with nets or vessels, including
but not limited to entanglement) with
their purse seine net(s) or vessel(s).
With the exception of an entanglement,
which will be initially reported as
described in #2 above, all other
observations must be reported within 20
days to the Regional Administrator.
When contacting NMFS after an
interaction, fishermen are required to
provide information regarding the
location, specifically latitude and
longitude, of the interaction and a
description of the interaction itself. If
available, location information should
also include: Water depth; distance from
shore; and, relation to port or other
landmarks. Descriptive information of
the interaction should include: whether
or not the otters were seen inside or
outside the net; if inside the net, had the
net been completely encircled; did
contact occur with net or vessel; the
number of otters present; duration of
interaction; otter’s behavior during
interaction; and, measures taken to
avoid interaction.
For further background information
on this action please refer to the
preamble of the proposed rule (71 FR
70941).
Comments and Responses
NMFS received two public comments
on the proposed rule. These comments
are addressed here:
Comment 1: One comment stated that
due to the strict protections provided to
southern sea otters by the MMPA,
incidental take of southern sea otters
could not be authorized under the ESA
and that it was necessary for NMFS to
amend the proposed rule to reflect this.
The comment also stated that selfreporting has not always proved
effective with regard to marine mammal
interactions with fisheries and that this
rule should include a mandatory neutral
observer program. However, to the
extent that self-reporting would be
required, that it be made as easy as
possible for the fishermen.
Response: This final rule does not
authorize the take of southern sea otters
within CPS fisheries. The purpose of
this final rule is to further protect this
threatened species. Sea otters have not
been documented to have been injured
or killed in CPS fisheries and due to the
very small overlap of CPS fisheries in
the EEZ off the West Coast and the
distribution of southern sea otters, the
likelihood that such an event will occur
is low. However, the BO prepared by
USFWS determined that the possibility
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15:13 May 29, 2007
Jkt 211001
of interactions between sea otters and
the fishery does exist. Therefore, NMFS
decided that the requirements
recommended by USFWS to reduce
possible interactions with, and provide
protection for, southern sea otters,
would be a prudent conservation
measure. NMFS currently places
observers on CPS vessels operating in
the Monterey Bay region and will
continue to do so.
Comment 2: The commenter stated
that after an interaction it would be
unnecessary for the fisherman to
provide location information other than
latitude and longitude. The commenter
also suggests that the requirement to
report non-entanglement interactions is
unclear and unnecessary.
Response: Under § 660.520(a)(3),
fishermen will only be required to
provide the latitude and longitude of
where the interaction took place. NMFS
asks that other location information that
is readily available be provided as well,
but it is not required. With regards to
the reporting of non-entanglement
interactions, it is not the intent of this
final rule to require fishermen to report
casual observations of sea otters. This
action only requires fishermen to report
when sea otters occur within encircled
nets or come into contact with fishing
gear or the vessel. This information
could prove valuable to both fishermen
and/or the conservation of sea otters as
it will establish a record of the presence
or absence of sea otter interactions. If
interactions are occurring, location
information will be important in
determining areas where further
conservation efforts may be needed.
No changes were made to the
regulatory text from the proposed rule.
Classification
The Administrator, Southwest Region,
NMFS, determined that this action is
necessary for the conservation and
management of the CPS fishery and that
it is consistent with the MagnusonStevens Fishery Conservation and
Management Act and other applicable
laws.
This final rule contains a collectionof-information requirement subject to
review and approval by the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act (PRA).
This requirement has been submitted to
OMB for approval. Public reporting
burden for this otter interaction
requirement is estimated to average 10
minutes per individual per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
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Send comments regarding these burden
estimates or any other aspect of this data
collection, including suggestions for
reducing the burden, to NMFS (see
ADDRESSES) and by e-mail to
DavidlRostker@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.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
List of Subjects in 50 CFR Part 660
Administrative practice and
procedure, American Samoa, Fisheries,
Fishing, Guam, Hawaiian Natives,
Indians, Northern Mariana Islands,
Reporting and recordkeeping
requirements.
Dated: May 23, 2007.
Samuel D. Rauch III
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS amends 50 CFR part
660 as follows:
I
PART 660—FISHERIES OFF WEST
COAST STATES AND IN THE
WESTERN PACIFIC
1. The authority citation for part 660
continues to read as follows:
I
Authority: 16 U.S.C. 1801 et seq.
2. In § 660.505, paragraph (n) is added
to read as follows:
I
§ 660.505
Prohibitions.
*
*
*
*
*
(n) When fishing for CPS, deploy a net
if a southern sea otter is observed within
the area that would be encircled by the
purse seine net.
I 3. Section 660.520 is added to read as
follows:
E:\FR\FM\30MYR1.SGM
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Federal Register / Vol. 72, No. 103 / Wednesday, May 30, 2007 / Rules and Regulations
§ 660.520
Reporting requirements.
(a) Otter interaction. (1) If a southern
sea otter is entangled in a net, regardless
of whether the animal is injured or
killed, the vessel operator must report
this interaction within 24 hours to the
Regional Administrator.
(2) While fishing for CPS, vessel
operators must record all observations
of otter interactions (defined as otters
within encircled nets or coming into
contact with nets or vessels, including
but not limited to entanglement) with
their purse seine net(s) or vessel(s).
With the exception of an entanglement,
which must be initially reported as
described in paragraph (a)(1)of this
section, all other observations must be
reported within 20 days to the Regional
Administrator.
(3) When contacting NMFS after an
interaction, vessel operators must
provide the location (latitude and
longitude) of the interaction and a
description of the interaction itself. If
available, location information should
also include water depth, distance from
shore, and relation to port or other
landmarks. Descriptive information of
the interaction should include: whether
or not the otters were seen inside or
outside the net; if inside the net, had the
net been completely encircled; whether
any otters came in contact with either
the net or the vessel; the number of
otters present; duration of interaction;
the otter’s behavior during interaction;
measures taken to avoid interaction.
(b) [Reserved]
[FR Doc. E7–10379 Filed 5–29–07; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 070213033–7033–01]
RIN 0648–XA45
Fisheries of the Economic Exclusive
Zone Off Alaska; Pacific Cod in the
Bering Sea and Aleutian Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification of
a closure.
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AGENCY:
SUMMARY: NMFS is opening directed
fishing for Pacific cod by catcher vessels
less than 60 feet (18.3 meters (m)) length
overall (LOA) using pot or hook-andline gear in the Bering Sea and Aleutian
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15:13 May 29, 2007
Jkt 211001
Islands management area (BSAI). This
action is necessary to fully use the 2007
total allowable catch (TAC) of Pacific
cod specified for catcher vessels less
than 60 feet (18.3 m) LOA using pot or
hook-and-line gear in the BSAI.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), May 27, 2007, through 2400
hrs, A.l.t., December 31, 2007.
Comments must be received at the
following address no later than 4:30
p.m., A.l.t., June 8, 2007.
ADDRESSES: Send comments to Sue
Salveson, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region, NMFS, Attn:
Ellen Sebastian. Comments may be
submitted by:
• Mail to: P.O. Box 21668, Juneau, AK
99802;
• Hand delivery to the Federal
Building, 709 West 9th Street, Room
420A, Juneau, Alaska;
• FAX to 907–586–7557;
• E-mail inseason-akr@noaa.gov and
include in the subject line and body of
the e-mail the document identifier:
bspclt60re2 (E-mail comments, with or
without attachments, are limited to 5
megabytes); or
• Webform at the Federal eRulemaking
Portal: https://www.regulations.gov.
Follow the instructions at that site for
submitting comments.
FOR FURTHER INFORMATION CONTACT:
Jennifer Hogan, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
NMFS closed directed fishing for
Pacific cod by catcher vessels less than
60 feet (18.3 m) LOA using pot or hookand-line gear in the BSAI under
§ 679.20(d)(1)(iii) on March 30, 2007 (72
FR 15848, April 3, 2007). The fishery
was reopened on April 30, 2007 (72 FR
18920, April 16, 2007) and was closed
again on May 15, 2007 (72 FR 27980,
May 18, 2007).
NMFS has determined that as of May
22, 2007, approximately 30 metric tons
of Pacific cod remain in the 2007 Pacific
cod TAC allocated to catcher vessels
less than 60 feet (18.3 m) LOA using pot
or hook-and-line gear in the BSAI.
Therefore, in accordance with
§ 679.25(a)(2)(i)(C) and (a)(2)(iii)(D), and
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29893
to fully use the 2007 TAC of Pacific cod
specified for catcher vessels less than 60
feet (18.3 m) LOA using pot or hookand-line gear in the BSAI, NMFS is
terminating the previous closure and is
opening directed fishing for Pacific cod
by catcher vessels less than 60 feet (18.3
m) LOA using pot or hook-and-line gear
in the BSAI. The opening is effective
1200 hrs, A.l.t., May 27, 2007, through
2400 hrs, A.l.t., December 31, 2007.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the opening of the Pacific cod
fishery by catcher vessels less than 60
feet (18.3 m) LOA using pot or hookand-line gear in the BSAI. Immediate
notification is necessary to allow for the
orderly conduct and efficient operation
of this fishery, to allow the industry to
plan for the fishing season, and to avoid
potential disruption to the fishing fleet
and processors. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of May 22, 2007.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
Without this inseason adjustment,
NMFS could not allow the fishery for
Pacific cod by catcher vessels less than
60 feet (18.3 m) LOA using pot or hookand-line gear in the BSAI to be
harvested in an expedient manner and
in accordance with the regulatory
schedule. Under § 679.25(c)(2),
interested persons are invited to submit
written comments on this action to the
above address until June 8, 2007.
This action is required by § 679.25
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
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]]>Agencies
[Federal Register Volume 72, Number 103 (Wednesday, May 30, 2007)]
[Rules and Regulations]
[Pages 29891-29893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10379]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 061127309-7100-02; I.D. 110706D]
RIN 0648-AU72
Fisheries Off West Coast States; Coastal Pelagic Species
Fisheries; Reporting Requirements and Conservation Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action implements new reporting and conservation measures
under the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP).
The purpose of this action is to prevent interactions between CPS
fisherman and southern sea otters, as well as establish methods for
fishermen to report these occurrences when they occur. These reporting
requirements and conservation measures require CPS fishermen/vessel
operators to employ avoidance measures when southern sea otters are
present in the area they are fishing and to report any interactions
that may occur between their vessel and/or fishing gear and sea otters.
DATES: Effective June 29, 2007, except for Sec. 660.520 which contains
information collection requirements that have not been approved by OMB.
NOAA will publish a document in the Federal Register announcing the
effective date.
ADDRESSES: Copies of Amendment 11 and its Environmental Assessment/
Regulatory Impact Review may be obtained from the Southwest Regional
Office by contacting Rodney R. McInnis, Regional Administrator,
Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach,
CA 90802-4213.
Written comments regarding the burden-hour estimates or other
aspects of the collection-of-information requirements contained in this
action may be submitted to the Southwest Regional Office and by e-mail
to David--Rostker@omb.eop.gov or fax to (202) 395-7285
FOR FURTHER INFORMATION CONTACT: Joshua B. Lindsay, Southwest Region,
NMFS, (562) 980-4034.
SUPPLEMENTARY INFORMATION: The CPS FMP, which was implemented by
publication of the final rule in the Federal Register on December 15,
1999 (64 FR 69888), regulates commercial fishing for CPS in the
Exclusive Economic Zone (EEZ) off the West Coast; 3-200 nautical miles
off the coastlines of Washington, Oregon, and California. This action
implements new reporting requirements and conservation measures under
the CPS FMP. Southern sea otters are listed as threatened under the
Endangered Species Act (ESA) and depleted under the Marine Mammal
Protection Act (MMPA), providing them strict protection under these
laws. Known interactions between CPS fishing operations and southern
sea otters are extremely rare. Data gathered from this action will
prove valuable in determining whether such interactions are as rare as
believed or whether stronger measures are necessary to ensure
protection of this species. This action stems from a biological opinion
(BO) issued by the U.S. Fish and Wildlife Service (USFWS) regarding the
implementation of Amendment 11 to the CPS FMP.
Background
In accordance with the regulations implementing the ESA, NMFS
initiated an ESA section 7 consultation with the USFWS regarding the
possible effects of implementing Amendment 11 (71 FR 36999) to the CPS
FMP. USFWS determined that formal consultation was necessary on the
possible effects to the threatened southern sea otter. USFWS completed
a biological opinion (BO) for this action and concluded that it was not
likely to jeopardize the continued existence of the southern sea otter.
The requirements and conservation measures put forth in this action
stem from this BO and are an attempt to provide further conservation
efforts for southern sea otters. These reporting requirements and
conservation measures require all CPS fishermen and vessel operators to
employ avoidance measures when sea otters are present in the fishing
area and to report any interactions that may occur between their vessel
and/or fishing gear and otters.
Specifically, these new measures and regulations are:
1. CPS fishing boat operators and crew are prohibited from
deploying their nets if a southern sea otter is observed within the
area that would be encircled by the purse seine.
2. If a southern sea otter is entangled in a net, regardless of
whether the animal is injured or killed, such an occurrence must be
reported within 24 hours to the Regional Administrator, NMFS Southwest
Region.
[[Page 29892]]
3. While fishing for CPS, vessel operators must record all
observations of otter interactions (defined as otters within encircled
nets or coming into contact with nets or vessels, including but not
limited to entanglement) with their purse seine net(s) or vessel(s).
With the exception of an entanglement, which will be initially reported
as described in 2 above, all other observations must be
reported within 20 days to the Regional Administrator.
When contacting NMFS after an interaction, fishermen are required
to provide information regarding the location, specifically latitude
and longitude, of the interaction and a description of the interaction
itself. If available, location information should also include: Water
depth; distance from shore; and, relation to port or other landmarks.
Descriptive information of the interaction should include: whether or
not the otters were seen inside or outside the net; if inside the net,
had the net been completely encircled; did contact occur with net or
vessel; the number of otters present; duration of interaction; otter's
behavior during interaction; and, measures taken to avoid interaction.
For further background information on this action please refer to
the preamble of the proposed rule (71 FR 70941).
Comments and Responses
NMFS received two public comments on the proposed rule. These
comments are addressed here:
Comment 1: One comment stated that due to the strict protections
provided to southern sea otters by the MMPA, incidental take of
southern sea otters could not be authorized under the ESA and that it
was necessary for NMFS to amend the proposed rule to reflect this. The
comment also stated that self-reporting has not always proved effective
with regard to marine mammal interactions with fisheries and that this
rule should include a mandatory neutral observer program. However, to
the extent that self-reporting would be required, that it be made as
easy as possible for the fishermen.
Response: This final rule does not authorize the take of southern
sea otters within CPS fisheries. The purpose of this final rule is to
further protect this threatened species. Sea otters have not been
documented to have been injured or killed in CPS fisheries and due to
the very small overlap of CPS fisheries in the EEZ off the West Coast
and the distribution of southern sea otters, the likelihood that such
an event will occur is low. However, the BO prepared by USFWS
determined that the possibility of interactions between sea otters and
the fishery does exist. Therefore, NMFS decided that the requirements
recommended by USFWS to reduce possible interactions with, and provide
protection for, southern sea otters, would be a prudent conservation
measure. NMFS currently places observers on CPS vessels operating in
the Monterey Bay region and will continue to do so.
Comment 2: The commenter stated that after an interaction it would
be unnecessary for the fisherman to provide location information other
than latitude and longitude. The commenter also suggests that the
requirement to report non-entanglement interactions is unclear and
unnecessary.
Response: Under Sec. 660.520(a)(3), fishermen will only be
required to provide the latitude and longitude of where the interaction
took place. NMFS asks that other location information that is readily
available be provided as well, but it is not required. With regards to
the reporting of non-entanglement interactions, it is not the intent of
this final rule to require fishermen to report casual observations of
sea otters. This action only requires fishermen to report when sea
otters occur within encircled nets or come into contact with fishing
gear or the vessel. This information could prove valuable to both
fishermen and/or the conservation of sea otters as it will establish a
record of the presence or absence of sea otter interactions. If
interactions are occurring, location information will be important in
determining areas where further conservation efforts may be needed.
No changes were made to the regulatory text from the proposed rule.
Classification
The Administrator, Southwest Region, NMFS, determined that this
action is necessary for the conservation and management of the CPS
fishery and that it is consistent with the Magnuson-Stevens Fishery
Conservation and Management Act and other applicable laws.
This final rule contains a collection-of-information requirement
subject to review and approval by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act (PRA). This requirement has
been submitted to OMB for approval. Public reporting burden for this
otter interaction requirement is estimated to average 10 minutes per
individual per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Send comments regarding these burden estimates or any other aspect of
this data collection, including suggestions for reducing the burden, to
NMFS (see ADDRESSES) and by 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.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 660
Administrative practice and procedure, American Samoa, Fisheries,
Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands,
Reporting and recordkeeping requirements.
Dated: May 23, 2007.
Samuel D. Rauch III
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
0
For the reasons set out in the preamble, NMFS amends 50 CFR part 660 as
follows:
PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN
PACIFIC
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 660.505, paragraph (n) is added to read as follows:
Sec. 660.505 Prohibitions.
* * * * *
(n) When fishing for CPS, deploy a net if a southern sea otter is
observed within the area that would be encircled by the purse seine
net.
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3. Section 660.520 is added to read as follows:
[[Page 29893]]
Sec. 660.520 Reporting requirements.
(a) Otter interaction. (1) If a southern sea otter is entangled in
a net, regardless of whether the animal is injured or killed, the
vessel operator must report this interaction within 24 hours to the
Regional Administrator.
(2) While fishing for CPS, vessel operators must record all
observations of otter interactions (defined as otters within encircled
nets or coming into contact with nets or vessels, including but not
limited to entanglement) with their purse seine net(s) or vessel(s).
With the exception of an entanglement, which must be initially reported
as described in paragraph (a)(1)of this section, all other observations
must be reported within 20 days to the Regional Administrator.
(3) When contacting NMFS after an interaction, vessel operators
must provide the location (latitude and longitude) of the interaction
and a description of the interaction itself. If available, location
information should also include water depth, distance from shore, and
relation to port or other landmarks. Descriptive information of the
interaction should include: whether or not the otters were seen inside
or outside the net; if inside the net, had the net been completely
encircled; whether any otters came in contact with either the net or
the vessel; the number of otters present; duration of interaction; the
otter's behavior during interaction; measures taken to avoid
interaction.
(b) [Reserved]
[FR Doc. E7-10379 Filed 5-29-07; 8:45 am]
BILLING CODE 3510-22-S
