Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan, 11837-11840 [08-952]
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Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Rules and Regulations
11837
announcing the effective date of the
information collection requirements. On
Environmental protection,
January 23, 2008, OMB approved the
Administrative practice and procedure,
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information collection requirements
Agricultural commodities, Pesticides
contained in this Report and Order
and pests, Reporting and recordkeeping Vegetable, legume, edible-podpursuant to OMB Control Number:
ded, subgroup 6A .................
6.0
requirements.
3060–1112, Comprehensive Review of
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Dated: February 22, 2008.
the Universal Service Fund
Lois Rossi,
Wax jambu ................................
0.90 Management, Administration, and
Oversight. Accordingly, the information
Director, Registration Division, Office of
Pesticide Programs.
collection requirements contained in the
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Report and Order became effective on
I Therefore, 40 CFR chapter I is
[FR Doc. E8–4142 Filed 3–4–08; 8:45 am]
January 23, 2008. The expiration date
amended as follows:
BILLING CODE 6560–50–S
for the information collection is January
31, 2011.
PART 180—AMENDED
The Commission also published a
FEDERAL COMMUNICATIONS
I 1. The authority citation for part 180
separate Notice in the Federal Register
COMMISSION
continues to read as follows:
on January 31, 2008 (73 FR 5843) in
which the PRA various burden
Authority: 21 U.S.C. 321(q), 346a and 371.
47 CFR Part 54
estimates for this information collection,
[WC Docket No. 05–195; CC Docket No. 96–
I 2. Section 180.572 is amended by
3060–1112, Comprehensive Review of
45; CC Docket No. 02–6; WC Docket No.
removing the entries ‘‘Pea, edible
the Universal Service Fund
02–60; WC Docket No. 03–109; CC Docket
podded, succulent’’ and ‘‘Pea, garden,
Management, which OMB has
No. 97–21; FCC 07–150]
succulent’’ in the table in paragraph
approved, were listed.
(a)(1) and alphabetically adding the
Pursuant to the Paperwork Reduction
Comprehensive Review of the
following commodities to read as
Act of 1995, 44 U.S.C. 3501–3520, an
Universal Service Fund
follows:
agency may not conduct or sponsor a
AGENCY: Federal Communications
collection of information unless it
§ 180.572 Bifenazate; tolerance for
Commission.
displays a currently valid control
residues.
number. Notwithstanding any other
ACTION: Final rule; announcement of
(a) General. (1) * * *
provisions of law, no person shall be
effective date.
subject to any penalty for failing to
Parts per
SUMMARY: On August 29, 2007, the FCC
Commodity
comply with a collection of information
million
released a Report and Order,
subject to the Paperwork Reduction Act
Acerola ......................................
0.90 Comprehensive Review of the Universal (PRA) that does not display a valid
Service Fund Management,
control number. Questions concerning
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Administration, and Oversight; Federal- this information collection, 3060–1112,
Black sapote .............................
7.0 State Joint Board on Universal Service;
should be directed to Leslie F. Smith,
Caneberry subgroup 13-07A ....
5.0 Schools and Libraries Universal Service
Federal Communications Commission,
Canistel .....................................
7.0 Support Mechanism; Rule Health Care
and (202) 418–0217 or via the Internet
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Support Mechanism; Lifeline and Linkat Leslie.Smith@fcc.gov.
up; and Changes to the Board of
Federal Communications Commission.
Feijoa ........................................
0.90
Directors for the National Exchange
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Carrier Association, Inc., WC Docket No. Marlene H. Dortch,
Secretary.
Guave .......................................
0.90 05–195; CC Docket No. 96–45; CC
Docket No. 02–6; WC Docket No. 02–60; [FR Doc. E8–4047 Filed 3–4–08; 8:45 am]
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WC Docket No. 03–109; CC Docket No.
BILLING CODE 6712–01–P
Jaboticaba ................................
0.90 97–21; FCC 07–150. The information
Longan ......................................
5.0 collection requirements in this Report
Lychee ......................................
5.0 and Order required approval from the
DEPARTMENT OF COMMERCE
Mango .......................................
7.0 Office of Management and Budget. This
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National Oceanic and Atmospheric
document announces the effective date
Administration
of these information collection
Papaya ......................................
7.0
Passionfruit ...............................
0.90 requirements.
50 CFR Part 229
Pea and bean, succulent
DATES: The information collection
List of Subjects in 40 CFR Part 180
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shelled, subgroup 6B ............
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yshivers on PROD1PC62 with RULES
Pulasan .....................................
Rambutan .................................
Sapodilla ...................................
Sapote, mamey ........................
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Soybean, succulent shelled ......
Spanish lime .............................
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0.70
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5.0
5.0
7.0
7.0
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0.70
5.0
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Star apple .................................
Starfruit .....................................
VerDate Aug<31>2005
14:21 Mar 04, 2008
7.0
0.90
Jkt 214001
Parts per
million
Commodity
requirements in amendments to
§§ 54.202, 54.417, 54.619, and 54.706,
published at 72 FR 54214, September
24, 2007, were approved by the Office
of Management and Budget on January
23, 2008.
FOR FURTHER INFORMATION CONTACT:
Mika Savir, Senior Attorney, Office of
the Managing Director, (202) 418–0384,
TTY 1 (888) 835–5322.
SUPPLEMENTARY INFORMATION: The
Report and Order stated that the
Commission would publish a notice
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[Docket No. 080228330–8334–01]
RIN 0648–XF96
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.
AGENCY:
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11838
Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Rules and Regulations
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 apply to lobster trap/
pot and anchored gillnet fishermen in
an area totaling approximately 1,238
nm2 (4,246 km2), east of Chatham,
Massachusetts for 15 days. The purpose
of this action is to provide protection to
an aggregation of northern right whales
(right whales).
DATES: Effective beginning at 0001 hours
March 7, 2008, through 2400 hours
March 21, 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:
yshivers on PROD1PC62 with RULES
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).
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14:21 Mar 04, 2008
Jkt 214001
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
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 February 25, 2008, an aerial
survey reported an aggregation of six
right whales in the proximity of 41° 40′
N. latitude and 69° 39′ W. long. The
position lies approximately 15 nm east
of Chatham, Massachusetts. 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
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conditions as they relate to the safety of
human life at sea, the type and amount
of gear already present in the area, and
a review of recent right whale
entanglement and mortality data.
NMFS has reviewed the factors and
management options noted above
relative to the DAM under
consideration. As a result of this review,
NMFS prohibits lobster trap/pot and
anchored gillnet gear in this area during
the 15–day restricted period unless it is
modified in the manner described in
this temporary rule.
The DAM Zone is bound by the
following coordinates:
42° 02′ N., 69° 24′ W. (NW Corner)
42° 02′ N., 69° 11′ W.
41° 19′ N., 69° 11′ W.
41° 19′ N., 69° 59′ W., then follow the
northern Nantucket coastline westward
to
41° 19′ N., 70° 04′ W.
41° 19′ N., 70° 09′ W.
41° 39′ N., 70° 09′ W., then follow the
Cape Cod coastline eastward to
41° 45′ N., 69° 56′ W.
41° 45′ N., 69° 33′ W.
41° 49′ N., 69° 24′ W.
42° 02′ N., 69° 24′ 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
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 Northeast
Multispecies year-round Closed Area I
found at 50 CFR 648.81(f)(a), and the
Northeast Multispecies seasonal Gulf of
Maine Rolling Closure Area I for found
at 50 CFR 648.81(f)(i). Due to these
closures, sink gillnet gear is prohibited
from these portions of the DAM zone.
Lobster Trap/Pot Gear
Fishermen utilizing lobster trap/pot
gear within portions of Northern Inshore
State Lobster Waters and Northern
Nearshore Lobster Waters that overlap
with the DAM zone are required to
utilize all of the following gear
modifications while the DAM zone is in
effect:
1. Groundlines must be made of either
sinking or neutrally buoyant line.
Floating groundlines are prohibited;
2. All buoy lines must be made of
either sinking or neutrally buoyant line,
except the bottom portion of the line,
which may be a section of floating line
not to exceed one-third the overall
length of the buoy line;
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Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Rules and Regulations
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.
yshivers on PROD1PC62 with RULES
Anchored Gillnet Gear
Fishermen utilizing anchored gillnet
gear within the portions of the Other
Northeast Gillnet Waters 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
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14:21 Mar 04, 2008
Jkt 214001
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 March 7, 2008,
through 2400 hours March 16, 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
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11839
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
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
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11840
Federal Register / Vol. 73, No. 44 / Wednesday, March 5, 2008 / Rules and Regulations
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 28, 2008.
James W. Balsiger,
Acting Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 08–952 Filed 2–29–08; 12:35 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 071106671–8010–02]
RIN 0648–XG00
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Vessels Catching Pacific Cod for
Processing by the Inshore Component
in the Western Regulatory Area of the
Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
yshivers on PROD1PC62 with RULES
SUMMARY: NMFS is prohibiting directed
fishing for Pacific cod by vessels
catching Pacific cod for processing by
the inshore component in the Western
Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary to
prevent exceeding the A season
allocation of the 2008 total allowable
catch (TAC) of Pacific cod apportioned
to vessels catching Pacific cod for
VerDate Aug<31>2005
14:21 Mar 04, 2008
Jkt 214001
processing by the inshore component of
the Western Regulatory Area of the
GOA.
Effective 1200 hrs, Alaska local
time (A.l.t.), February 29, 2008, until
1200 hrs, A.l.t., September 1, 2008.
FOR FURTHER INFORMATION CONTACT:
Jennifer Hogan, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens 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.
The A season allocation of the 2008
TAC of Pacific cod apportioned to
vessels catching Pacific cod for
processing by the inshore component of
the Western Regulatory Area of the GOA
is 10,502 metric tons (mt) as established
by the 2008 and 2009 harvest
specifications for groundfish of the GOA
(73 FR 10562, February 27, 2008).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the 2008 TAC of Pacific
cod apportioned to vessels catching
Pacific cod for processing by the inshore
component of the Western Regulatory
Area of the GOA will soon be reached.
Therefore, the Regional Administrator is
establishing a directed fishing
allowance of 10,302 mt, and is setting
aside the remaining 200 mt as bycatch
to support other anticipated groundfish
fisheries. In accordance with
§ 679.20(d)(1)(iii), the Regional
Administrator finds that this directed
fishing allowance has been reached.
Consequently, NMFS is prohibiting
directed fishing for Pacific cod by
vessels catching Pacific cod for
DATES:
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processing by the inshore component in
the Western Regulatory Area of the
GOA.
After the effective date of this closure
the maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
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 closure of Pacific cod
apportioned to vessels catching Pacific
cod for processing by the inshore
component of the Western Regulatory
Area of the GOA. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of February 27, 2008.
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.
This action is required by § 679.20
and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 28, 2008.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 08–951 Filed 2–29–08; 12:35 pm]
BILLING CODE 3510–22–S
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]]>Agencies
[Federal Register Volume 73, Number 44 (Wednesday, March 5, 2008)]
[Rules and Regulations]
[Pages 11837-11840]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-952]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 080228330-8334-01]
RIN 0648-XF96
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.
-----------------------------------------------------------------------
[[Page 11838]]
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 apply to lobster trap/pot and anchored
gillnet fishermen in an area totaling approximately 1,238 nm\2\ (4,246
km\2\), east of Chatham, Massachusetts for 15 days. The purpose of this
action is to provide protection to an aggregation of northern right
whales (right whales).
DATES: Effective beginning at 0001 hours March 7, 2008, through 2400
hours March 21, 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 February 25, 2008, an aerial survey reported an aggregation of
six right whales in the proximity of 41[deg] 40' N. latitude and
69[deg] 39' W. long. The position lies approximately 15 nm east of
Chatham, Massachusetts. After conducting an investigation, NMFS
ascertained that the report came from a qualified individual and
determined that the report was reliable. Thus, NMFS has received a
reliable report from a qualified individual of the requisite right
whale density to trigger the DAM provisions of the ALWTRP.
Once a DAM zone is triggered, NMFS determines whether to impose
restrictions on fishing and/or fishing gear in the zone. This
determination is based on the following factors, including but not
limited to: the location of the DAM zone with respect to other fishery
closure areas, weather conditions as they relate to the safety of human
life at sea, the type and amount of gear already present in the area,
and a review of recent right whale entanglement and mortality data.
NMFS has reviewed the factors and management options noted above
relative to the DAM under consideration. As a result of this review,
NMFS prohibits lobster trap/pot and anchored gillnet gear in this area
during the 15-day restricted period unless it is modified in the manner
described in this temporary rule.
The DAM Zone is bound by the following coordinates:
42[deg] 02' N., 69[deg] 24' W. (NW Corner)
42[deg] 02' N., 69[deg] 11' W.
41[deg] 19' N., 69[deg] 11' W.
41[deg] 19' N., 69[deg] 59' W., then follow the northern Nantucket
coastline westward to
41[deg] 19' N., 70[deg] 04' W.
41[deg] 19' N., 70[deg] 09' W.
41[deg] 39' N., 70[deg] 09' W., then follow the Cape Cod coastline
eastward to
41[deg] 45' N., 69[deg] 56' W.
41[deg] 45' N., 69[deg] 33' W.
41[deg] 49' N., 69[deg] 24' W.
42[deg] 02' N., 69[deg] 24' 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 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 Northeast
Multispecies year-round Closed Area I found at 50 CFR 648.81(f)(a), and
the Northeast Multispecies seasonal Gulf of Maine Rolling Closure Area
I for found at 50 CFR 648.81(f)(i). Due to these closures, sink gillnet
gear is prohibited from these portions of the DAM zone.
Lobster Trap/Pot Gear
Fishermen utilizing lobster trap/pot gear within portions of
Northern Inshore State Lobster Waters and Northern Nearshore Lobster
Waters that overlap with the DAM zone are required to utilize all of
the following gear modifications while the DAM zone is in effect:
1. Groundlines must be made of either sinking or neutrally buoyant
line. Floating groundlines are prohibited;
2. All buoy lines must be made of either sinking or neutrally
buoyant line, except the bottom portion of the line, which may be a
section of floating line not to exceed one-third the overall length of
the buoy line;
[[Page 11839]]
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
the Other Northeast Gillnet Waters 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 March 7,
2008, through 2400 hours March 16, 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 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
[[Page 11840]]
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 28, 2008.
James W. Balsiger,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 08-952 Filed 2-29-08; 12:35 pm]
BILLING CODE 3510-22-S
