Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan, 7674-7676 [08-597]

Download as PDF 7674 Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Rules and Regulations Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division, Media Bureau. [FR Doc. E8–2458 Filed 2–8–08; 8:45 am] 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/. BILLING CODE 6712–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 229 [Docket No. 080117051–8123–02] RIN 0648–XF17 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. mstockstill on PROD1PC66 with RULES AGENCY: SUMMARY: The Assistant Administrator for Fisheries (AA), NOAA, announces temporary restrictions consistent with the requirements of the Atlantic Large Whale Take Reduction Plan’s (ALWTRP) implementing regulations. These regulations will continue to apply to lobster trap/pot and anchored gillnet fishermen in an area totaling approximately 1,767 nm2 (6,061 km2), northeast of Boston, MA, for an additional 15 days. The purpose of this action is to provide protection to an aggregation of northern right whales (right whales). DATES: The area and gear restrictions were initially effective 0001 hours January 26, 2008, through 2400 hours February 9, 2008. This notice extends the restricted period from 0001 hours February 10, 2008, through 2400 hours February 24, 2008. 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. VerDate Aug<31>2005 16:57 Feb 08, 2008 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° 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 (257 km2)) such that right whale density is equal to or greater than 0.04 right whales per nm2 (3.43 km2). A qualified individual is an individual ascertained by NMFS to be reasonably PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 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 January 13, 2008, an aerial survey reported two aggregations of right whales, totaling seven individuals: four whales in the proximity of 42° 37′ N. latitude and 70° 01′ W. longitude, and three whales in the proximity of 42° 51′ N. latitude and 70° 04′ W. longitude. These positions lie northeast of Boston, Massachusetts, and southeast of Portsmouth, New Hampshire, respectively. After conducting an investigation, NMFS ascertained that the report came from a qualified individual and determined that the report was reliable. Thus, NMFS has received a reliable report from a qualified individual of the requisite right whale density to trigger the DAM provisions of the ALWTRP. Once a DAM zone is triggered, NMFS determines whether to impose restrictions on fishing and/or fishing gear in the zone. This determination is based on the following factors, including but not limited to: the location of the DAM zone with respect to other fishery closure areas, weather conditions as they relate to the safety of human life at sea, the type and amount of gear already present in the area, and a review of recent right whale entanglement and mortality data. NMFS reviewed the options and factors noted above and on January 24, 2008, published a temporary rule in the Federal Register (73 FR 4118) to announce the establishment of a DAM zone with restrictions on anchored gillnet and lobster trap gear for a 15–day period. On February 4, 2008, a subsequent survey conducted over the DAM zone indicated that four whales were still present in the area northeast of Boston, MA, and the DAM zone trigger of 0.04 right whales per square nm (3.43 km2) continues to be met in this portion of the original DAM zone. 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 extended DAM Zone is bound by the following coordinates: E:\FR\FM\11FER1.SGM 11FER1 Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Rules and Regulations mstockstill on PROD1PC66 with RULES 42° 56′ N., 69° 33′ W. (NW Corner) 42° 16′ N., 69° 33′ W. 42° 16′ N., 70° 33′ W. 42° 56′ N., 70° 33′ W. 42° 56′ N., 69° 33′ 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 extended DAM zone. If the requirements and exceptions for gear modification in the extended DAM zone, as described below, differ from other ALWTRP requirements for any overlapping areas and times, then the more restrictive requirements will apply in the DAM zone. Special note for gillnet fisherman: a portion of the extended DAM zone overlaps the yearround Western Gulf of Maine Closure Area 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. VerDate Aug<31>2005 16:57 Feb 08, 2008 Jkt 214001 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 February 10, 2008, through 2400 hours February 24, 2008, 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. PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 7675 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 E:\FR\FM\11FER1.SGM 11FER1 7676 Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Rules and Regulations 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 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. mstockstill on PROD1PC66 with RULES Authority: 16 U.S.C. 1361 et seq. and 50 CFR 229.32(g)(3) Dated: February 5, 2008. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 08–597 Filed 2–6–08; 2:07 pm] BILLING CODE 3510–22–S VerDate Aug<31>2005 16:57 Feb 08, 2008 Jkt 214001 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 070709302–8019–02] RIN 0648–AV17 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic; Atlantic Group Spanish Mackerel Commercial Trip Limit in the Southern Zone; Change in Start Date National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: SUMMARY: In accordance with the framework procedure for adjusting management measures of the Fishery Management Plan for the Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic (FMP), NMFS changes the start date of the commercial trip limit for Atlantic migratory group Spanish mackerel in the southern zone to March 1. The intended effect of this final rule is to conform the trip limit to the beginning of the fishing year for Atlantic migratory group Spanish mackerel. DATES: This final rule is effective March 12, 2008. ADDRESSES: Copies of the final regulatory flexibility analysis (FRFA) and the South Atlantic Fishery Management Council’s framework procedure for adjustment of the start date of the commercial trip limit for Atlantic migratory group Spanish mackerel in the southern zone and related matters may be obtained from the South Atlantic Fishery Management Council, 4055 Faber Place, Suite 201, North Charleston, SC 29405; phone: 843–571–4366, toll free 866–SAFMC– 10; fax: 843–769–4520; e-mail: safmc@safmc.net. FOR FURTHER INFORMATION CONTACT: Susan Gerhart, telephone: 727–824– 5305, fax: 727–824–5308, e-mail: Susan.Gerhart@noaa.gov. The fisheries for coastal migratory pelagic resources are regulated under the FMP. The FMP was prepared jointly by the Gulf of Mexico and South Atlantic Fishery Management Councils and is implemented under the authority of the Magnuson-Stevens Fishery Conservation and Management Act SUPPLEMENTARY INFORMATION: PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 (Magnuson-Stevens Act) by regulations at 50 CFR part 622. In accordance with the framework procedures of the FMP, the South Atlantic Fishery Management Council (Council) recommended and the Regional Administrator, Southeast Region, NMFS approved, a regulatory change relating to Atlantic migratory group Spanish mackerel. The change is within the scope of the management measures that may be adjusted under the framework procedure, as specified in 50 CFR 622.48(c). On January 3, 2008, NMFS published a proposed rule to change the start date of the commercial trip limit for Atlantic migratory group Spanish mackerel and requested public comment (73 FR 439). Two public comments were received on the proposed rule. Both comments were in favor of the proposed regulatory action, therefore no changes were made in the final rule as a result of such comments. The rationale for this measure is contained in the Council’s framework action and in the preamble to the proposed rule and is not repeated here. Classification The Administrator, Southeast Region, NMFS, determined that this regulatory change is consistent with the Council’s framework action and is necessary for the conservation and management of the Coastal Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic and is consistent with the MagnusonStevens Act and other applicable laws. This final rule has been determined to be not significant for purposes of E.O. 12866. A FRFA was prepared for this action. The FRFA incorporates the initial regulatory flexibility analysis (IRFA), a summary of significant economic issues raised by public comments, NMFS responses to those comments, and a summary of the analyses completed to support the action. A copy of the full analysis is available from the Council (see ADDRESSES). A summary of the analysis follows. This rule will change the start date for the 3,500–lb (1,588–kg) trip limit in the southern zone for Atlantic migratory group Spanish mackerel to March 1. The purpose of this action is to correct an unintended inconsistency created by Amendment 15 to the FMP, effective August 8, 2005 (70 FR 39187, July 5, 2005), which redefined the fishing year for Atlantic migratory group king mackerel and Spanish mackerel from April-March to March-February, but did not specify the Spanish mackerel trip limit for March. No comments were received on the IRFA or on the economic impacts of the E:\FR\FM\11FER1.SGM 11FER1

Agencies

[Federal Register Volume 73, Number 28 (Monday, February 11, 2008)]
[Rules and Regulations]
[Pages 7674-7676]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-597]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 080117051-8123-02]
RIN 0648-XF17


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.

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SUMMARY: The Assistant Administrator for Fisheries (AA), NOAA, 
announces temporary restrictions consistent with the requirements of 
the Atlantic Large Whale Take Reduction Plan's (ALWTRP) implementing 
regulations. These regulations will continue to apply to lobster trap/
pot and anchored gillnet fishermen in an area totaling approximately 
1,767 nm\2\ (6,061 km\2\), northeast of Boston, MA, for an additional 
15 days. The purpose of this action is to provide protection to an 
aggregation of northern right whales (right whales).

DATES: The area and gear restrictions were initially effective 0001 
hours January 26, 2008, through 2400 hours February 9, 2008. This 
notice extends the restricted period from 0001 hours February 10, 2008, 
through 2400 hours February 24, 2008.

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] 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\ (257 km\2\)) such that right whale density is equal to 
or greater than 0.04 right whales per nm\2\ (3.43 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 January 13, 2008, an aerial survey reported two aggregations of 
right whales, totaling seven individuals: four whales in the proximity 
of 42[deg] 37' N. latitude and 70[deg] 01' W. longitude, and three 
whales in the proximity of 42[deg] 51' N. latitude and 70[deg] 04' W. 
longitude. These positions lie northeast of Boston, Massachusetts, and 
southeast of Portsmouth, New Hampshire, respectively. After conducting 
an investigation, NMFS ascertained that the report came from a 
qualified individual and determined that the report was reliable. Thus, 
NMFS has received a reliable report from a qualified individual of the 
requisite right whale density to trigger the DAM provisions of the 
ALWTRP.
    Once a DAM zone is triggered, NMFS determines whether to impose 
restrictions on fishing and/or fishing gear in the zone. This 
determination is based on the following factors, including but not 
limited to: the location of the DAM zone with respect to other fishery 
closure areas, weather conditions as they relate to the safety of human 
life at sea, the type and amount of gear already present in the area, 
and a review of recent right whale entanglement and mortality data.
    NMFS reviewed the options and factors noted above and on January 
24, 2008, published a temporary rule in the Federal Register (73 FR 
4118) to announce the establishment of a DAM zone with restrictions on 
anchored gillnet and lobster trap gear for a 15-day period. On February 
4, 2008, a subsequent survey conducted over the DAM zone indicated that 
four whales were still present in the area northeast of Boston, MA, and 
the DAM zone trigger of 0.04 right whales per square nm (3.43 km\2\) 
continues to be met in this portion of the original DAM zone. 
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 extended DAM Zone is bound by the following coordinates:

[[Page 7675]]

    42[deg] 56' N., 69[deg] 33' W. (NW Corner)
    42[deg] 16' N., 69[deg] 33' W.
    42[deg] 16' N., 70[deg] 33' W.
    42[deg] 56' N., 70[deg] 33' W.
    42[deg] 56' N., 69[deg] 33' 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 extended DAM zone. If the requirements and exceptions 
for gear modification in the extended DAM zone, as described below, 
differ from other ALWTRP requirements for any overlapping areas and 
times, then the more restrictive requirements will apply in the DAM 
zone. Special note for gillnet fisherman: a portion of the extended DAM 
zone overlaps the year-round Western Gulf of Maine Closure Area 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 February 
10, 2008, through 2400 hours February 24, 2008, 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

[[Page 7676]]

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 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: February 5, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 08-597 Filed 2-6-08; 2:07 pm]
BILLING CODE 3510-22-S

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