Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan, 63823-63826 [07-5623]

Download as PDF Federal Register / Vol. 72, No. 218 / Tuesday, November 13, 2007 / Rules and Regulations FEDERAL COMMUNICATIONS COMMISSION Frequency in MHz EIRP in dBm ¥75.3 1559–1610 ............................ 47 CFR Part 15 * [ET Docket No. 98–153; FCC 03–33] Ultra-Wideband Transmission Systems Federal Communications Commission. ACTION: Correcting amendment. AGENCY: Background The final regulations that are the subject of this correction relate to ‘‘Ultra-Wideband Transmission Systems’’ under § 15.513(e) of the rules. Need for Correction As published, the final regulations contain a typographical error, which requires immediate correction. List of Subjects in 47 CFR Part 15 Communications equipment. Accordingly, 47 CFR part 15 is corrected by making the following correcting amendments: I PART 15—RADIO FREQUENCY DEVICES 1. The authority citation for part 15 continues to read as follows: I Authority: 47 U.S.C. 154, 302a, 303, 304, 307, 336, and 544a. 2. Section 15.513(e) is revised to read as follows: I § 15.513 Technical requirements for medical imaging systems. rfrederick on PROD1PC67 with RULES * * * * * (e) In addition to the radiated emission limits specified in the table in paragraph (d) of this section, UWB transmitters operating under the provisions of this section shall not exceed the following average limits when measured using a resolution bandwidth of no less than 1 kHz: 1164–1240 ............................ VerDate Aug<31>2005 14:06 Nov 09, 2007 * * * BILLING CODE 6712–01–P SUMMARY: On April 22, 2003, the Commission released a Memorandum Opinion and Order in the matter of ‘‘Ultra-Wideband Transmission Systems.’’ This document contains corrections to the final regulations that appeared in the Federal Register of April 22, 2003 (68 FR 19746). DATES: Effective November 13, 2007. FOR FURTHER INFORMATION CONTACT: John Reed, Policy and Rules Division, Office of Engineering and Technology, (202) 418–2455. SUPPLEMENTARY INFORMATION: Frequency in MHz * Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. E7–22124 Filed 11–9–07; 8:45 am] EIRP in dBm ¥75.3 Jkt 214001 FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 73 [DA 07–4313; MB Docket No. 05–248; RM– 11262, RM–11315] Radio Broadcasting Services; Danville, Falmouth, Midway, Owingsville, Perryville, and Wilmore, KY Federal Communications Commission. ACTION: Final rule. AGENCY: SUMMARY: This document grants a counterproposal filed by Educational Media Foundation requesting the reallotment of Channel 296A from Danville to Wilmore, Kentucky, and the modification of its license to reflect the change and the allotment of Channel 298A at Perryville, Kentucky, as the community’s first local aural transmission service. The document denies a petition for rulemaking filed jointly by L.M. Communications of Kentucky, LLC, licensee of Station WBTF (FM), Midway, Kentucky, and Gateway Radio Works, Inc., licensee of Station WKCA (FM), Owingsville, Kentucky, proposing to substitute Channel 298C3 for Channel 300A at Midway, Kentucky and modify Station WBTF’s license accordingly, to substitute Channel 295A for 299A at a new site at Owingsville, Kentucky and modify Gateway’s license for Station WKCA accordingly, and to substitute Channel 300A for Channel 299A at Falmouth, Kentucky and modify the Station WIOK (FM) license accordingly. Counterproposals filed by West Portsmouth Broadcasting and RGS Communications are dismissed. See SUPPLEMENTARY INFORMATION supra. DATES: Effective December 3, 2007. ADDRESSES: Secretary, Federal Communications Commission, 445 Twelfth Street, SW., Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Victoria McCauley, Media Bureau, (202) 418–2180. SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission’s Report PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 63823 and Order, MB Docket No. 05–248, adopted October 17, 2007 and released October 19, 2007. The full text of this Commission decision is available for inspection and copying during normal business hours in the FCC’s Reference Information Center at Portals II, CY– A257, 445 Twelfth Street, SW., Washington, DC 20554. This document may also be purchased from the Commission’s duplicating contractors, Best Copy and Printing, Inc., 445 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone 1– 800–378–3160 or https:// www.BCPIWEB.com. The Commission will send a copy of this Report and Order in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). The Media Bureau’s Consolidated Data Base Systems will reflect the following FM Channel as the reserved assignment for the listed stations, respectively: Channel 296A at Wilmore, Kentucky in lieu of Danville, Kentucky, for Station WLAI–FM. Channel 296A can be allotted at Wilmore at a site 12.1 kilometers (7.5 miles) east of the community at coordinates 37–49–36 NL and 84–31–42 WL. Channel 298A can be allotted at Perryville at a site 7.5 kilometers (4.7 miles) east of the community at coordinates 37–37–54 NL and 84–52–07 WL. Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding. List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. For the reasons stated in the preamble, the Federal Communications Commission amends 47 CFR part 73 as follows: I PART 73—RADIO BROADCAST SERVICES 1. The authority citation for Part 73 continues to read as follows: I Authority: 47 U.S.C. 154, 303, 334, 336. § 73.202 [Amended] 2. Section 73.202(b), the Table of FM Allotments under Kentucky, is amended by adding Perryville, Channel 298A. I Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. E7–22118 Filed 11–9–07; 8:45 am] BILLING CODE 6712–01–P E:\FR\FM\13NOR1.SGM 13NOR1 63824 Federal Register / Vol. 72, No. 218 / Tuesday, November 13, 2007 / Rules and Regulations DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 229 [Docket No. 071018614–7665–02] RIN 0648–XD56 Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; extension of temporary area and gear restrictions. AGENCY: SUMMARY: The Assistant Administrator for Fisheries (AA), NOAA, announces the extension of temporary restrictions consistent with the requirements of the Atlantic Large Whale Take Reduction Plan’s (ALWTRP) implementing regulations. These restrictions will continue to apply to lobster trap and anchored gillnet fishermen in an area totaling approximately 2,305 nm2 (7,905 km2), south of Portland, Maine, for an additional 15 days. The purpose of this action is to provide immediate protection to an aggregation of Northern right whales (right whales). DATES: The area and gear restrictions were initially effective 0001 hours October 27, 2007, through 2400 hours November 10, 2007. This notice extends the restricted period from 0001 hours November 11, 2007, through 2400 hours November 25, 2007. ADDRESSES: Copies of the proposed and final Dynamic Area Management (DAM) rules, Environmental Assessments (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: rfrederick on PROD1PC67 with RULES Diane Borggaard, NMFS/Northeast Region, 978–281–9300 x6503; or Kristy Long, NMFS, Office of Protected Resources, 301–713–2322. 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/. VerDate Aug<31>2005 14:06 Nov 09, 2007 Jkt 214001 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° 00′ 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 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 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 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 October 16, 2007, an aerial survey reported a sighting of seven right whales in the proximity of 43° 05′ N. latitude and 69° 56′ W. longitude. This position lies south of the Portland, Maine. After conducting an investigation, NMFS ascertained that the report came from a qualified individual and determined that the report was reliable. Thus, NMFS 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, in the zone, restrictions on fishing and/or fishing gear. 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 reviewed the options and factors noted above and on October 25, 2007, published a temporary rule in the Federal Register (72 FR 60583) to announce the establishment of a DAM zone with restrictions on anchored gillnet and lobster trap gear for a 15–day period. On November 5, 2007, a subsequent survey conducted over the DAM zone indicated that fourteen whales are still present in the area and the DAM zone trigger of 0.04 right whales per square nautical mile (1.85 km2) continues to be met. Therefore, in order to further protect the right whales in this DAM zone, pursuant to 50 CFR 229.32(g)(3)(v), NMFS is exercising its authority to extend the restrictions on lobster trap and anchored gillnet gear for an additional 15 day period. The DAM zone is bound by the following coordinates: 43° 25′ N., 70° 23′ W. (NW Corner) 43° 25′ N., 69° 29′ W. 42° 45′ N., 69° 29′ W. 42° 45′ N., 69° 38′ W. 42° 34′ N., 69° 38′ W. 42° 34′ N., 70° 34′ W. 43° 19′ N., 70° 34′ W. 43° 19′ N., 70° 23′ W. 43° 25′ N., 70° 23′ W. (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 modification in the DAM zone, as E:\FR\FM\13NOR1.SGM 13NOR1 Federal Register / Vol. 72, No. 218 / Tuesday, November 13, 2007 / Rules and Regulations 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: A portion of this DAM zone overlaps the year-round Western Gulf of Maine Closure Area for Northeast Multispecies found at 50 CFR 648.81(e). Due to this closure, sink gillnet gear is prohibited from this portion of the DAM zone. Lobster Trap/pot Gear Fishermen utilizing lobster trap/pot gear within the portions of Northern Nearshore Lobster Waters, Northern Inshore State Lobster Waters, and the Stellwagen Bank/Jeffrey’s Ledge Restricted 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; 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; and 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; 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; and 4. A weak link with a maximum breaking strength of 1,500 lb (680.4 kg) must be placed at all buoys. rfrederick on PROD1PC67 with RULES Anchored Gillnet Gear Fishermen utilizing anchored gillnet gear within the portions of Other Northeast Gillnet Waters and the Stellwagen Bank/Jeffrey’s Ledge Restricted Area that overlap with the DAM zone are required to utilize all the following gear modifications while the DAM zone is in effect: VerDate Aug<31>2005 14:06 Nov 09, 2007 Jkt 214001 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. The breaking strength of each net panel weak link must not exceed 1,100 lb (498.8 kg). The weak link requirements apply to all variations in net panel size. One weak link must be placed in the center of the floatline and one weak link must be placed in the center of each of the up and down lines at both ends of the net panel. Additionally, one weak link must be placed as close as possible to each end of the net panels on the floatline; or, one weak link must be placed between floatline tie-loops between net panels and one weak link must be placed where the floatline tie-loops attach to the bridle, buoy line, or groundline at each end of a net string; 5. A weak link with a maximum breaking strength of 1,100 lb (498.8 kg) must be placed at all buoys; and 6. 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, November 11, through 2400 hours November 25, 2007, 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 issuance of the rule by the AA. 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 PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 63825 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 upon issuance of the rule by the AA, thereby providing approximately 3 additional days of notice while the Office of the E:\FR\FM\13NOR1.SGM 13NOR1 63826 Federal Register / Vol. 72, No. 218 / Tuesday, November 13, 2007 / Rules and Regulations rfrederick on PROD1PC67 with RULES 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 VerDate Aug<31>2005 14:06 Nov 09, 2007 Jkt 214001 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 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 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). Dated: November 6, 2007. John Oliver, Deputy Assistant Administrator for Operations, National Marine Fisheries Service. [FR Doc. 07–5623 Filed 11–7–07; 11:56 am] BILLING CODE 3510–22–S E:\FR\FM\13NOR1.SGM 13NOR1

Agencies

[Federal Register Volume 72, Number 218 (Tuesday, November 13, 2007)]
[Rules and Regulations]
[Pages 63823-63826]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-5623]



[[Page 63824]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 071018614-7665-02]
RIN 0648-XD56


Taking of Marine Mammals Incidental to Commercial Fishing 
Operations; Atlantic Large Whale Take Reduction Plan

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

ACTION: Temporary rule; extension of temporary area and gear 
restrictions.

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

SUMMARY: The Assistant Administrator for Fisheries (AA), NOAA, 
announces the extension of temporary restrictions consistent with the 
requirements of the Atlantic Large Whale Take Reduction Plan's (ALWTRP) 
implementing regulations. These restrictions will continue to apply to 
lobster trap and anchored gillnet fishermen in an area totaling 
approximately 2,305 nm\2\ (7,905 km\2\), south of Portland, Maine, for 
an additional 15 days. The purpose of this action is to provide 
immediate protection to an aggregation of Northern right whales (right 
whales).

DATES: The area and gear restrictions were initially effective 0001 
hours October 27, 2007, through 2400 hours November 10, 2007. This 
notice extends the restricted period from 0001 hours November 11, 2007, 
through 2400 hours November 25, 2007.

ADDRESSES: Copies of the proposed and final Dynamic Area Management 
(DAM) rules, Environmental Assessments (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, 301-713-2322.

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] 00' 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 October 16, 2007, an aerial survey reported a sighting of seven 
right whales in the proximity of 43[deg] 05' N. latitude and 69[deg] 
56' W. longitude. This position lies south of the Portland, Maine. 
After conducting an investigation, NMFS ascertained that the report 
came from a qualified individual and determined that the report was 
reliable. Thus, NMFS 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, in 
the zone, restrictions on fishing and/or fishing gear. 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 reviewed the options and factors noted above and on October 
25, 2007, published a temporary rule in the Federal Register (72 FR 
60583) to announce the establishment of a DAM zone with restrictions on 
anchored gillnet and lobster trap gear for a 15-day period. On November 
5, 2007, a subsequent survey conducted over the DAM zone indicated that 
fourteen whales are still present in the area and the DAM zone trigger 
of 0.04 right whales per square nautical mile (1.85 km2) continues to 
be met. Therefore, in order to further protect the right whales in this 
DAM zone, pursuant to 50 CFR 229.32(g)(3)(v), NMFS is exercising its 
authority to extend the restrictions on lobster trap and anchored 
gillnet gear for an additional 15 day period.
    The DAM zone is bound by the following coordinates:
    43[deg] 25' N., 70[deg] 23' W. (NW Corner)
    43[deg] 25' N., 69[deg] 29' W.
    42[deg] 45' N., 69[deg] 29' W.
    42[deg] 45' N., 69[deg] 38' W.
    42[deg] 34' N., 69[deg] 38' W.
    42[deg] 34' N., 70[deg] 34' W.
    43[deg] 19' N., 70[deg] 34' W.
    43[deg] 19' N., 70[deg] 23' W.
    43[deg] 25' N., 70[deg] 23' W. (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 
modification in the DAM zone, as

[[Page 63825]]

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: A 
portion of this DAM zone overlaps the year-round Western Gulf of Maine 
Closure Area for Northeast Multispecies found at 50 CFR 648.81(e). Due 
to this closure, sink gillnet gear is prohibited from this portion of 
the DAM zone.

Lobster Trap/pot Gear

    Fishermen utilizing lobster trap/pot gear within the portions of 
Northern Nearshore Lobster Waters, Northern Inshore State Lobster 
Waters, and the Stellwagen Bank/Jeffrey's Ledge Restricted 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;
    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; and
    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;
    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; and
    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 portions of 
Other Northeast Gillnet Waters and the Stellwagen Bank/Jeffrey's Ledge 
Restricted Area 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. The breaking strength of each net panel weak link must not 
exceed 1,100 lb (498.8 kg). The weak link requirements apply to all 
variations in net panel size. One weak link must be placed in the 
center of the floatline and one weak link must be placed in the center 
of each of the up and down lines at both ends of the net panel. 
Additionally, one weak link must be placed as close as possible to each 
end of the net panels on the floatline; or, one weak link must be 
placed between floatline tie-loops between net panels and one weak link 
must be placed where the floatline tie-loops attach to the bridle, buoy 
line, or groundline at each end of a net string;
    5. A weak link with a maximum breaking strength of 1,100 lb (498.8 
kg) must be placed at all buoys; and
    6. 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, 
November 11, through 2400 hours November 25, 2007, 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 
issuance of the rule by the AA.

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 upon 
issuance of the rule by the AA, thereby providing approximately 3 
additional days of notice while the Office of the

[[Page 63826]]

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).

    Dated: November 6, 2007.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. 07-5623 Filed 11-7-07; 11:56 am]
BILLING CODE 3510-22-S
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.