Taking of Marine Mammals Incidental to Commercial Fishing Operations; Atlantic Large Whale Take Reduction Plan Regulations, 32278-32281 [08-1326]
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32278
Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Proposed Rules
specified f.o.b. origin or destination,
whichever the contract so states.
This is not a significant regulatory
action and, therefore, was not subject to
review under Section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
B. Regulatory Flexibility Act
The General Services Administration
does not expect this proposed rule to
have a significant economic impact on
a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule will delete information
and clauses that are deemed
unnecessary. An Initial Regulatory
Flexibility Analysis has, therefore, not
been performed. We invite comments
from small businesses and other
interested parties. GSA will consider
comments from small entities
concerning the affected GSAR Parts 547
and 552 in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 601, et seq. (GSAR case 2006–
G518), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the proposed changes
to the GSAM do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501, et
seq.
List of Subjects in 48 CFR Parts 547 and
552
Government procurement.
Dated: June 2, 2008.
Al Matera,
Director, Office of Acquisition Policy, General
Services Administration.
Therefore, GSA proposes to amend 48
CFR parts 547 and 552 as set forth
below:
1. The authority citation for 48 CFR
parts 547 and 552 is revised to read as
follows:
AUTHORITY: 40 U.S.C. 121(c).
dwashington3 on PRODPC61 with PROPOSALS
PART 547 [RESERVED]
2. Part 547 is removed and reserved.
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
552.247–70
[Removed]
3. Section 552.247–70 is removed.
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552.247–71
[Removed]
4. Section 552.247–71 is removed.
[FR Doc. E8–12694 Filed 6–5–08; 8:45 am]
BILLING CODE 6820–61–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 229
[Docket No. 080509647–8651–01]
RIN 0648–AW84
Taking of Marine Mammals Incidental
to Commercial Fishing Operations;
Atlantic Large Whale Take Reduction
Plan Regulations
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: The National Marine
Fisheries Service (NMFS) proposes to
amend the regulations implementing the
Atlantic Large Whale Take Reduction
Plan (ALWTRP), to delay the effective
date of one of the broad-based gear
modifications and remove one of the
gear-related definitions required in the
recent amendment to the ALWTRP.
Specifically, NMFS is proposing to
delay the broad-based sinking
groundline requirement for trap/pot
fishermen in the Atlantic for an
additional six months, from October 5,
2008 to April 5, 2009. Additionally, the
proposed rule would delete the
‘‘neutrally buoyant line’’ term from the
regulations to avoid any potential
confusion with the requirements and
assist enforcement efforts.
DATES: Comments on the proposed rule
must be received by 5 p.m. EST on July
7, 2008.
ADDRESSES: Comments may be
submitted on this proposed rule,
identified by RIN 0648–AW84, by any
one of the following methods:
(1) Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
(2) Mail: Mary Colligan, Assistant
Regional Administrator for Protected
Resources, NMFS, Northeast Region, 1
Blackburn Dr., Gloucester, MA 01930,
ATTN: ALWTRP Proposed Rule.
(3) Facsimile (fax) to: 978–281–9394,
Attn: Diane Borggaard
Instructions: All comments received
are a part of the public record and will
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generally be posted to https://
www.regulations.gov without change.
All personal identifying information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information. NMFS will
accept anonymous comments.
Attachments to electronic comments
will be accepted in Microsoft Word,
Excel, WordPerfect, or Adobe PDF file
formats only.
Copies of the Regulatory Impact
Review related to this action can be
obtained from the ALWTRP website
listed under the Electronic Access
portion of this document or writing
Diane Borggaard, NMFS, Northeast
Region, 1 Blackburn Dr., Gloucester, MA
01930. For additional ADDRESSES and
web sites for document availability see
SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Diane Borggaard, NMFS, Northeast
Region, 978–281–9300 Ext. 6503; 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/. The
complete text of the regulations
implementing the ALWTRP can be
found either in the Code of Federal
Regulations (CFR) at 50 CFR 229.32 or
downloaded from the website, along
with a guide to the regulations.
Background
In response to the continued serious
injury and mortality of large whales
from entanglement in commercial
fishing gear, NMFS determined that
additional modifications to the
ALWTRP were warranted.
Subsequently, in October 2007, NMFS
finalized an amendment to the ALWTRP
which implemented a broad-based gear
modification strategy that included
additional regulated fisheries; expanded
weak link and sinking groundline
requirements; additional gear marking
requirements; changes in boundaries;
seasonal restrictions for gear
modifications; expanded exempted
areas; and regulatory language changes
for the purposes of clarification and
consistency (72 FR 57104, October 5,
2007; 73 FR 19171, April 9, 2008). Most
modifications became effective
November 5, 2007, and April 5, 2008,
except for one broad-based requirement
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which becomes effective October 5,
2008.
Based on the availability of the
sinking groundline and time needed to
re-rig gear, NMFS built into the final
rule a one-year phase-in period to afford
trap/pot and gillnet fishermen adequate
time to convert their gear. Specifically,
the regulations require sinking and/or
neutrally buoyant line on groundlines
on a year-round or seasonal basis
depending on the temporal and spatial
distribution of large whales one year
after publication of the final rule (except
in the Cape Cod Bay Restricted Area and
Seasonal Area Management (SAM)
Areas). Because the final rule was
published on October 5, 2007, the
sinking groundline provision becomes
effective on October 5, 2008.
Proposed Measures
In the time since the publication of
the October 5, 2007 final rule, NMFS
has monitored the availability of the
sinking groundline and progress of the
commercial trap/pot fisheries in
converting to sinking groundlines.
Based on its findings, NMFS has
determined that additional time to
convert to sinking groundline is
warranted. This proposed rule would
provide an additional six months
(through April 5, 2009) for trap/pot
fishermen along the Atlantic east coast
to comply with this major requirement.
The proposed action is warranted
given the confusion that has occurred
regarding which trap/pot fishermen are
impacted by the ALWTRP and what
type of groundline line is required. As
far as trap/pot fisheries, the ALWTRP
has regulated only American lobster
since it was first implemented in 1997,
and many trap/pot fisheries are being
regulated for the first time through the
October ALWTRP amendment. These
new trap/pot fisheries include, but are
not limited to, crab (red, Jonah, rock,
and blue), hagfish, finfish (black sea
bass, scup, tautog, cod, haddock,
pollock, redfish (ocean perch), and
white hake), conch/whelk, and shrimp.
The delay of the broad-based sinking
groundline requirement would occur
partially during a time of year when
most trap/pot gear is out of the water
while fishermen traditionally repair and
replace gear. The delay will also enable
fishermen to purchase the appropriate
sinking line and rectify any confusion
they may have regarding sinking line.
All other ALWTRP amendments would
be effective, including the sinking
groundline requirement for gillnet
fisheries. The requirements for sinking
groundline for lobster trap/pot fisheries
in Cape Cod Bay, Dynamic Area
Management (DAM) zones (now no
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longer in effect), and SAM area have
facilitated the conversion to sinking
groundline. Floating groundline gear
buyback programs in Maine,
Massachusetts, New York and the midAtlantic have also facilitated the
conversion to sinking groundline for
trap/pot fisheries, but primarily for
lobster trap/pot. This proposed action
will eliminate the confusion in the trap/
pot industry as to which fisheries are
impacted and what type of line is
required to assist all Atlantic trap/pot
fishermen in fully converting to sinking
groundline when much of the gear is out
of the water. As a result, trap/pot
fishermen would be able to convert their
gear over an extended period of time to
help ensure gear availability and avoid
any potential spike in demand for
sinking line, which if it materialized,
might temporarily outstrip the capacity
of cordage manufacturers, drive up
prices, and impair fishermen’s ability to
comply.
The impact on large whales from this
delay would be minimal given that: (1)
the majority of the conservation
measures included in the amendment to
the ALWTRP would already be in place;
(2) special right whale management
areas have already converted to sinking
groundline as described above; (3) most
trap/pot gear is out of the water during
a portion of the time period before the
broad-based sinking groundline
requirements go into effect; (4) the
primary seasonal distribution of large
whales in the Northeast occurs before
the proposed effective date (Pace and
Merrick 2008, NMFS 2007) (where the
majority of confusion has been reported
to have occurred); and (5) gear buyback
programs from Maine to North Carolina
that have assisted in the conversion of
sinking groundline for lobster trap/pot
fisheries have already removed a large
amount of sinking groundline from the
ocean.
In addition to the proposal to extend
the implementation of the broad-based
gear requirements, this proposed rule
would delete the ‘‘neutrally buoyant
line’’ term and definition from the
regulations, so that only the ‘‘sinking
line’’ term and definition would remain.
In the October 5, 2007 final rule, NMFS
included both the terms ‘‘sinking’’ and
‘‘neutrally buoyant’’ line, with identical
definitions for each, in an attempt to
include familiar industry terms and
assist in the understanding of the
regulations. However, industry feedback
since the final rule published indicates
that using two terms has led to
confusion and resulted in some
fishermen not understanding what type
of line is required for the groundline.
Additionally, trap/pot fishermen have
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inquired about the definition of low
profile groundline (a line that does not
sink, but loops some distance above the
ocean bottom lower than floating line),
and have asked NMFS for clarification
on whether neutrally buoyant line is the
same as low profile line. Therefore, in
order to ensure clarity regarding the
groundline requirement, this proposed
action would remove all references to
the term ‘‘neutrally buoyant line’’ from
the regulations to facilitate both
industry understanding of the
regulations and enforcement efforts of
this requirement. The term would be
removed for both buoy line and
groundline requirements and for both
gillnet and trap/pot fisheries.
Accordingly, the ‘‘sinking line’’
definition would be modified to
eliminate reference to ‘‘see also
neutrally buoyant line.’’ NMFS
discussed the removal of the ‘‘neutrally
buoyant line’’ term with the Atlantic
Large Whale Take Reduction Team, a
NMFS advisory group composed of
various marine resource stakeholders, at
its April 2008 meeting and this
suggested ALWTRP revision was
supported.
Classification
This action is categorically excluded
from the requirement to prepare an
Environmental Assessment in
accordance with sections 6.03a.3(a) and
6.03c.3(d) of NOAA Administrative
Order (NAO) 216–6. Specifically, this
proposed action includes revisions that
‘‘will hold no potential for significant
environmental impacts,’’ and will
facilitate enforcement efforts. This
action does not trigger the exceptions to
categorical exclusions listed in NAO
216–6, Section 5.05c; thus, a categorical
exclusion memorandum to the file has
been prepared.
This proposed rule has been
determined to be not significant for the
purposes of Executive Order 12866.
This proposed rule does not contain
a collection of information requirements
subject to the Paperwork Reduction Act
(PRA).
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities. The October 5, 2007 ALWTRP
final rule (72 FR 57104, October 5, 2007;
73 FR 19171, April 9, 2008) and Final
Environmental Impact Statement (FEIS)
(August 2007) identified approximately
4,353 vessels that would be affected by
the final rule, including 2,889 from the
lobster trap/pot fishery. This proposed
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Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Proposed Rules
action would merely delete the term
‘‘neutrally buoyant line’’ from the
regulations, and delay the
implementation of the broad based gear
requirements for an additional 6
months. Because this action would not
impose any new requirements, it would
have no economic impact beyond that
previously analyzed in the prior
rulemaking and Final Environmental
Impact Statement, and would not
significantly reduce profit for affected
vessels.
NMFS has determined that this action
is consistent to the maximum extent
practicable with 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.
This proposed rule contains policies
with federalism implications as that
term is defined in Executive Order
13132. Accordingly, the Assistant
Secretary for Legislative and
Intergovernmental Affairs will provide
notice of the proposed action to the
appropriate official(s) of affected state,
local, and/or tribal governments.
References
NMFS. 2007. Final Environmental
Impact Statement for Amending the
Atlantic Large Whale Take Reduction
Plan: Broad-Based Gear Modifications.
Prepared by: Industrial Economics, Inc.
and NOAA’s National Marine Fisheries
Service. Northeast Region.
Pace, Richard M. III, and Merrick,
Richard. 2008. Northwest Atlantic
Ocean Habitats Important to the
Conservation of North Atlantic Right
Whales. Northeast Fisheries Science
Center Reference Document 08–07. 32
pp.
List of Subjects 50 CFR Part 229
dwashington3 on PRODPC61 with PROPOSALS
Administrative practice and
procedure, Confidential business
information, Fisheries, Marine
mammals, Reporting and recordkeeping
requirements.
Dated: June 2, 2008.
John Oliver,
Deputy Assistant Administrator for
Operations, National Marine Fisheries
Service.
For the reasons set out in the
preamble, 50 CFR part 229 is proposed
to be amended as follows:
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PART 229—AUTHORIZATION FOR
COMMERCIAL FISHERIES UNDER THE
MARINE MAMMAL PROTECTION ACT
OF 1972
1. The authority citation for 50 CFR
part 229 continues to read as follows:
Authority: 16 U.S.C. 1361 et seq.
2. In § 229.2, the definition ‘‘Neutrally
buoyant line’’ is removed. The
definition of ‘‘Sinking line’’ is revised to
read as follows:
§ 229.2
Definitions.
*
*
*
*
*
Sinking line means, for both
groundlines and buoy lines, line that
has a specific gravity greater than or
equal to 1.030, and, for groundlines
only, does not float at any point in the
water column.
*
*
*
*
*
3. In § 229.32, revise paragraphs (a)(4),
(c)(2)(ii)(D), (c)(2)(ii)(E), the first
sentence of paragraphs, (c)(5)(ii)(B),
(c)(6)(ii)(B), (c)(7)(ii)(C), (c)(8)(ii)(B),
(c)(9)(ii)(B), (d)(6)(ii)(D), (d)(7)(ii)(D),
(i)(3)(i)(B)(1)(i), (i)(3)(i)(B)(2)(i), and the
second sentence of (d)(1)(i) to read as
follows:
§ 229.3 Atlantic large whale take reduction
plan regulations.
(a)* * *
(4) Sinking groundline exemption.
The fisheries regulated under this
section are exempt from the requirement
to have groundlines composed of
sinking line if their groundline is at a
depth equal to or greater than 280
fathoms (1,680 ft or 512.1 m) (as shown
on NOAA charts 13200 (Georges Bank
and Nantucket Shoals, 1:400,000),
12300 (NY Approaches—Nantucket
Shoals to Five Fathom Bank, 1:400,000),
12200 (Cape May to Cape Hatteras,
1:419,706), 11520 (Cape Hatteras to
Charleston, 1:432,720), 11480
(Charleston Light to Cape Canaveral,
1:449,659) and 11460(Cape Canaveral to
Key West, 1:466,940)).
*
*
*
*
*
(c)* * *
(2)* * *
(ii)* * *
(D) Buoy lines. All buoy lines must be
composed of sinking 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.
(E) Groundlines. All groundlines must
be composed entirely of sinking line.
The attachment of buoys, toggles, or
other floatation devices to groundlines
is prohibited.
*
*
*
*
*
(5)* * *
(ii)* * *
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(B) Groundlines. On or before April 5,
2009, all groundlines must be composed
entirely of sinking line unless exempted
from this requirement under paragraph
(a)(4) of this section. * * *
*
*
*
*
*
(6) * * *
(ii) * * *
(B) Groundlines. On or before April 5,
2009, all groundlines must be composed
entirely of sinking line unless exempted
for this requirement under paragraph
(a)(4) of this section. * * *
*
*
*
*
*
(7) * * *
(ii) * * *
(C) Groundlines. On or before April 5,
2009, all groundlines must be composed
entirely of sinking line unless exempted
from this requirement under paragraph
(a)(4) of this section. * * *
*
*
*
*
*
(8) * * *
(ii) * * *
(B) Groundlines. On or before April 5,
2009, all groundlines must be composed
entirely of sinking line unless exempted
from this requirement under paragraph
(a)(4) of this section. * * *
*
*
*
*
*
(9) * * *
(ii) * * *
(B) Groundlines. On or before April 5,
2009, all groundlines must be composed
entirely of sinking line unless exempted
from this requirement under paragraph
(a)(4) of this section. * * *
*
*
*
*
*
(d) * * *
(1) * * *
(i) * * * If more than one buoy is
attached to a single buoy line or if a
high flyer and a buoy are used together
on a single buoy line, sinking line must
be used between these objects.
*
*
*
*
*
(6) * * *
(ii) * * *
(D) Groundlines. On or before October
5, 2008, all groundlines must be
composed entirely of sinking line unless
exempted from this requirement under
paragraph (a)(4) of this section. * * *
*
*
*
*
*
(7) * * *
(ii) * * * (D) Groundlines. On or
before October 5, 2008, all groundlines
must be composed entirely of sinking
line unless exempted from this
requirement under paragraph (a)(4). * *
*
*
*
*
*
*
(i) * * *
(3) * * *
(i) * * *
(B) * * *
(1) Anchored gillnet gear—(i)
Groundlines. All groundlines must be
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made entirely of sinking line. Floating
groundlines are prohibited. * * *
*
*
*
*
*
(2) Trap/pot gear—(i) Groundlines.
All groundlines must be made entirely
of sinking line. Floating groundlines are
prohibited. * * *
*
*
*
*
*
[FR Doc. 08–1326 Filed 6–3–08; 2:14 pm]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–AU28
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery off the Southern
Atlantic States; Amendment 14
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of Availability of an
amendment to a fishery management
plan; request for comments.
dwashington3 on PRODPC61 with PROPOSALS
AGENCY:
SUMMARY: The South Atlantic Fishery
Management Council (Council) has
submitted Amendment 14 to the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP) for review, approval, and
implementation by NMFS. The
amendment would establish eight Type
2 marine protected areas (MPAs) in
which fishing for or possession of
snapper-grouper species would be
prohibited, but other types of legal
fishing would be allowed. The MPAs
would be located in the following areas:
one off southern North Carolina, three
off South Carolina, one off Georgia, and
three off Florida, and range from 5 by
10 nautical miles to 22 by 23 nautical
miles in area. Amendment 14 also
proposes to prohibit the use of shark
bottom longlines within the MPAs,
however, NMFS is proposing to
implement the prohibition of shark
bottom longlines through separate
rulemaking. If implemented, these
measures are expected to enhance the
optimum size, age and genetic structure
of slow growing long-lived deepwater
grouper species.
DATES: Written comments will be
accepted through August 5, 2008.
ADDRESSES: You may submit comments,
identified by 0648–AU28, by any one of
the following methods:
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11:59 Jun 05, 2008
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• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal https://
www.regulations.gov.
• Fax: 727–824–5308, Attn: Kate
Michie.
• Mail: Kate Michie, NMFS Southeast
Regional Office, Sustainable Fisheries
Division, 263 13th Avenue South, St.
Petersburg, FL 33701.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments. Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF file formats only.Copies of
Amendment 14 may be obtained from
the South Atlantic Fishery Management
Council, 4055 Faber Place, Suite 201,
North Charleston, South Carolina 29405;
phone: 843–571–4366 or toll free at 1–
866–SAFMC–10; fax: 843–769–4520; email: safmc@safmc.net. Amendment 14
includes a Final Environmental Impact
Statement, a Biological Assessment, an
Initial Regulatory Flexibility Analysis, a
Regulatory Impact Review, and Social
Impact Assessment/Fishery Impact
Statement.
Kim
Iverson, Public Information Officer,
South Atlantic Fishery Management
Council; toll free 1–866–SAFMC–10 or
843–571–4366; kim.iverson@safmc.net.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery off the southern
Atlantic states is managed under the
FMP. The FMP was prepared by the
Council and is implemented under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622.
The Magnuson-Stevens Act requires a
regional fishery management council to
submit an amendment to a fishery
management plan to NMFS for review,
approval, disapproval, or partial
approval. The Magnuson-Stevens Act
also requires that NMFS, upon receiving
an amendment, publish a notice in the
Federal Register stating that the
amendment is available for public
review and comments.
FOR FURTHER INFORMATION CONTACT:
Background
Many snapper-grouper species are
vulnerable to overfishing because they
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32281
are long-lived (e.g., snowy grouper,
golden tilefish, red snapper, gag, scamp,
red grouper, and red porgy); they are
protogynous, i.e., they may change sex
from females to males as they grow
older/larger (e.g., snowy grouper,
speckled hind, Warsaw grouper,
yellowedge grouper, gag, scamp, red
porgy, and black sea bass); they form
spawning aggregations (e.g., snowy
grouper, gag, scamp, and red snapper);
and they suffer high release mortality
when taken from deep water. Deepwater
snapper-grouper species (speckled hind,
snowy grouper, Warsaw grouper,
yellowedge grouper, misty grouper,
golden tilefish, and blueline tilefish) are
most vulnerable to overfishing because
they live longer than 50 years, do not
survive the trauma of capture, and are
protogynous (groupers) or exhibit sexual
dimorphism, i.e., males and females
grow at different rates (tilefishes).
Stock assessments indicate that black
sea bass, red porgy, and snowy grouper
are overfished, i.e., spawning stock
biomass is not sufficient to reproduce
and support continued productivity. In
addition, black sea bass, golden tilefish,
snowy grouper, and vermilion snapper
are experiencing overfishing, i.e., the
current rate of fishing mortality
jeopardizes the capacity of the fishery to
produce its maximum sustainable yield
on a continuing basis. Reductions in
catch and protection of habitat are
needed.
Proposed Measures
This amendment and its
implementing rule would establish eight
MPAs in which a portion of the
population and habitat of long-lived,
slow growing, deepwater snappergrouper species would be protected
from directed fishing pressure. Fishing
for or possession of South Atlantic
snapper-grouper would be prohibited in
the MPAs. However, the prohibition on
possession would not apply to a person
aboard a vessel that is in transit with
fishing gear appropriately stowed.
MPAs are considered to be an effective
fishery management tool that would
allow deepwater snapper-grouper to
reach a more natural sex ratio, age, and
size structure. They are also expected to
protect spawning locations, and provide
a refuge for early developmental stages
of fish species.
The prohibition of use of shark
bottom longlines in the MPAs is
considered necessary for habitat
protection and to prevent the mortality
of incidentally caught snapper-grouper.
The Council voted to include this
measure in an effort to address
enforcement concerns regarding the
similarity between snapper-grouper
E:\FR\FM\06JNP1.SGM
06JNP1
Agencies
[Federal Register Volume 73, Number 110 (Friday, June 6, 2008)]
[Proposed Rules]
[Pages 32278-32281]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 08-1326]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 229
[Docket No. 080509647-8651-01]
RIN 0648-AW84
Taking of Marine Mammals Incidental to Commercial Fishing
Operations; Atlantic Large Whale Take Reduction Plan Regulations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: The National Marine Fisheries Service (NMFS) proposes to amend
the regulations implementing the Atlantic Large Whale Take Reduction
Plan (ALWTRP), to delay the effective date of one of the broad-based
gear modifications and remove one of the gear-related definitions
required in the recent amendment to the ALWTRP. Specifically, NMFS is
proposing to delay the broad-based sinking groundline requirement for
trap/pot fishermen in the Atlantic for an additional six months, from
October 5, 2008 to April 5, 2009. Additionally, the proposed rule would
delete the ``neutrally buoyant line'' term from the regulations to
avoid any potential confusion with the requirements and assist
enforcement efforts.
DATES: Comments on the proposed rule must be received by 5 p.m. EST on
July 7, 2008.
ADDRESSES: Comments may be submitted on this proposed rule, identified
by RIN 0648-AW84, by any one of the following methods:
(1) Electronic Submissions: Submit all electronic public comments
via the Federal eRulemaking Portal https://www.regulations.gov.
(2) Mail: Mary Colligan, Assistant Regional Administrator for
Protected Resources, NMFS, Northeast Region, 1 Blackburn Dr.,
Gloucester, MA 01930, ATTN: ALWTRP Proposed Rule.
(3) Facsimile (fax) to: 978-281-9394, Attn: Diane Borggaard
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All personal identifying information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit confidential business information or
otherwise sensitive or protected information. NMFS will accept
anonymous comments. Attachments to electronic comments will be accepted
in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.
Copies of the Regulatory Impact Review related to this action can
be obtained from the ALWTRP website listed under the Electronic Access
portion of this document or writing Diane Borggaard, NMFS, Northeast
Region, 1 Blackburn Dr., Gloucester, MA 01930. For additional ADDRESSES
and web sites for document availability see SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Diane Borggaard, NMFS, Northeast
Region, 978-281-9300 Ext. 6503; 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/. The complete text of the
regulations implementing the ALWTRP can be found either in the Code of
Federal Regulations (CFR) at 50 CFR 229.32 or downloaded from the
website, along with a guide to the regulations.
Background
In response to the continued serious injury and mortality of large
whales from entanglement in commercial fishing gear, NMFS determined
that additional modifications to the ALWTRP were warranted.
Subsequently, in October 2007, NMFS finalized an amendment to the
ALWTRP which implemented a broad-based gear modification strategy that
included additional regulated fisheries; expanded weak link and sinking
groundline requirements; additional gear marking requirements; changes
in boundaries; seasonal restrictions for gear modifications; expanded
exempted areas; and regulatory language changes for the purposes of
clarification and consistency (72 FR 57104, October 5, 2007; 73 FR
19171, April 9, 2008). Most modifications became effective November 5,
2007, and April 5, 2008, except for one broad-based requirement
[[Page 32279]]
which becomes effective October 5, 2008.
Based on the availability of the sinking groundline and time needed
to re-rig gear, NMFS built into the final rule a one-year phase-in
period to afford trap/pot and gillnet fishermen adequate time to
convert their gear. Specifically, the regulations require sinking and/
or neutrally buoyant line on groundlines on a year-round or seasonal
basis depending on the temporal and spatial distribution of large
whales one year after publication of the final rule (except in the Cape
Cod Bay Restricted Area and Seasonal Area Management (SAM) Areas).
Because the final rule was published on October 5, 2007, the sinking
groundline provision becomes effective on October 5, 2008.
Proposed Measures
In the time since the publication of the October 5, 2007 final
rule, NMFS has monitored the availability of the sinking groundline and
progress of the commercial trap/pot fisheries in converting to sinking
groundlines. Based on its findings, NMFS has determined that additional
time to convert to sinking groundline is warranted. This proposed rule
would provide an additional six months (through April 5, 2009) for
trap/pot fishermen along the Atlantic east coast to comply with this
major requirement.
The proposed action is warranted given the confusion that has
occurred regarding which trap/pot fishermen are impacted by the ALWTRP
and what type of groundline line is required. As far as trap/pot
fisheries, the ALWTRP has regulated only American lobster since it was
first implemented in 1997, and many trap/pot fisheries are being
regulated for the first time through the October ALWTRP amendment.
These new trap/pot fisheries include, but are not limited to, crab
(red, Jonah, rock, and blue), hagfish, finfish (black sea bass, scup,
tautog, cod, haddock, pollock, redfish (ocean perch), and white hake),
conch/whelk, and shrimp.
The delay of the broad-based sinking groundline requirement would
occur partially during a time of year when most trap/pot gear is out of
the water while fishermen traditionally repair and replace gear. The
delay will also enable fishermen to purchase the appropriate sinking
line and rectify any confusion they may have regarding sinking line.
All other ALWTRP amendments would be effective, including the sinking
groundline requirement for gillnet fisheries. The requirements for
sinking groundline for lobster trap/pot fisheries in Cape Cod Bay,
Dynamic Area Management (DAM) zones (now no longer in effect), and SAM
area have facilitated the conversion to sinking groundline. Floating
groundline gear buyback programs in Maine, Massachusetts, New York and
the mid-Atlantic have also facilitated the conversion to sinking
groundline for trap/pot fisheries, but primarily for lobster trap/pot.
This proposed action will eliminate the confusion in the trap/pot
industry as to which fisheries are impacted and what type of line is
required to assist all Atlantic trap/pot fishermen in fully converting
to sinking groundline when much of the gear is out of the water. As a
result, trap/pot fishermen would be able to convert their gear over an
extended period of time to help ensure gear availability and avoid any
potential spike in demand for sinking line, which if it materialized,
might temporarily outstrip the capacity of cordage manufacturers, drive
up prices, and impair fishermen's ability to comply.
The impact on large whales from this delay would be minimal given
that: (1) the majority of the conservation measures included in the
amendment to the ALWTRP would already be in place; (2) special right
whale management areas have already converted to sinking groundline as
described above; (3) most trap/pot gear is out of the water during a
portion of the time period before the broad-based sinking groundline
requirements go into effect; (4) the primary seasonal distribution of
large whales in the Northeast occurs before the proposed effective date
(Pace and Merrick 2008, NMFS 2007) (where the majority of confusion has
been reported to have occurred); and (5) gear buyback programs from
Maine to North Carolina that have assisted in the conversion of sinking
groundline for lobster trap/pot fisheries have already removed a large
amount of sinking groundline from the ocean.
In addition to the proposal to extend the implementation of the
broad-based gear requirements, this proposed rule would delete the
``neutrally buoyant line'' term and definition from the regulations, so
that only the ``sinking line'' term and definition would remain. In the
October 5, 2007 final rule, NMFS included both the terms ``sinking''
and ``neutrally buoyant'' line, with identical definitions for each, in
an attempt to include familiar industry terms and assist in the
understanding of the regulations. However, industry feedback since the
final rule published indicates that using two terms has led to
confusion and resulted in some fishermen not understanding what type of
line is required for the groundline. Additionally, trap/pot fishermen
have inquired about the definition of low profile groundline (a line
that does not sink, but loops some distance above the ocean bottom
lower than floating line), and have asked NMFS for clarification on
whether neutrally buoyant line is the same as low profile line.
Therefore, in order to ensure clarity regarding the groundline
requirement, this proposed action would remove all references to the
term ``neutrally buoyant line'' from the regulations to facilitate both
industry understanding of the regulations and enforcement efforts of
this requirement. The term would be removed for both buoy line and
groundline requirements and for both gillnet and trap/pot fisheries.
Accordingly, the ``sinking line'' definition would be modified to
eliminate reference to ``see also neutrally buoyant line.'' NMFS
discussed the removal of the ``neutrally buoyant line'' term with the
Atlantic Large Whale Take Reduction Team, a NMFS advisory group
composed of various marine resource stakeholders, at its April 2008
meeting and this suggested ALWTRP revision was supported.
Classification
This action is categorically excluded from the requirement to
prepare an Environmental Assessment in accordance with sections
6.03a.3(a) and 6.03c.3(d) of NOAA Administrative Order (NAO) 216-6.
Specifically, this proposed action includes revisions that ``will hold
no potential for significant environmental impacts,'' and will
facilitate enforcement efforts. This action does not trigger the
exceptions to categorical exclusions listed in NAO 216-6, Section
5.05c; thus, a categorical exclusion memorandum to the file has been
prepared.
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866.
This proposed rule does not contain a collection of information
requirements subject to the Paperwork Reduction Act (PRA).
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The October 5, 2007 ALWTRP final rule (72 FR 57104, October
5, 2007; 73 FR 19171, April 9, 2008) and Final Environmental Impact
Statement (FEIS) (August 2007) identified approximately 4,353 vessels
that would be affected by the final rule, including 2,889 from the
lobster trap/pot fishery. This proposed
[[Page 32280]]
action would merely delete the term ``neutrally buoyant line'' from the
regulations, and delay the implementation of the broad based gear
requirements for an additional 6 months. Because this action would not
impose any new requirements, it would have no economic impact beyond
that previously analyzed in the prior rulemaking and Final
Environmental Impact Statement, and would not significantly reduce
profit for affected vessels.
NMFS has determined that this action is consistent to the maximum
extent practicable with 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.
This proposed rule contains policies with federalism implications
as that term is defined in Executive Order 13132. Accordingly, the
Assistant Secretary for Legislative and Intergovernmental Affairs will
provide notice of the proposed action to the appropriate official(s) of
affected state, local, and/or tribal governments.
References
NMFS. 2007. Final Environmental Impact Statement for Amending the
Atlantic Large Whale Take Reduction Plan: Broad-Based Gear
Modifications. Prepared by: Industrial Economics, Inc. and NOAA's
National Marine Fisheries Service. Northeast Region.
Pace, Richard M. III, and Merrick, Richard. 2008. Northwest
Atlantic Ocean Habitats Important to the Conservation of North Atlantic
Right Whales. Northeast Fisheries Science Center Reference Document 08-
07. 32 pp.
List of Subjects 50 CFR Part 229
Administrative practice and procedure, Confidential business
information, Fisheries, Marine mammals, Reporting and recordkeeping
requirements.
Dated: June 2, 2008.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 229 is
proposed to be amended as follows:
PART 229--AUTHORIZATION FOR COMMERCIAL FISHERIES UNDER THE MARINE
MAMMAL PROTECTION ACT OF 1972
1. The authority citation for 50 CFR part 229 continues to read as
follows:
Authority: 16 U.S.C. 1361 et seq.
2. In Sec. 229.2, the definition ``Neutrally buoyant line'' is
removed. The definition of ``Sinking line'' is revised to read as
follows:
Sec. 229.2 Definitions.
* * * * *
Sinking line means, for both groundlines and buoy lines, line that
has a specific gravity greater than or equal to 1.030, and, for
groundlines only, does not float at any point in the water column.
* * * * *
3. In Sec. 229.32, revise paragraphs (a)(4), (c)(2)(ii)(D),
(c)(2)(ii)(E), the first sentence of paragraphs, (c)(5)(ii)(B),
(c)(6)(ii)(B), (c)(7)(ii)(C), (c)(8)(ii)(B), (c)(9)(ii)(B),
(d)(6)(ii)(D), (d)(7)(ii)(D), (i)(3)(i)(B)(1)(i), (i)(3)(i)(B)(2)(i),
and the second sentence of (d)(1)(i) to read as follows:
Sec. 229.3 Atlantic large whale take reduction plan regulations.
(a)* * *
(4) Sinking groundline exemption. The fisheries regulated under
this section are exempt from the requirement to have groundlines
composed of sinking line if their groundline is at a depth equal to or
greater than 280 fathoms (1,680 ft or 512.1 m) (as shown on NOAA charts
13200 (Georges Bank and Nantucket Shoals, 1:400,000), 12300 (NY
Approaches--Nantucket Shoals to Five Fathom Bank, 1:400,000), 12200
(Cape May to Cape Hatteras, 1:419,706), 11520 (Cape Hatteras to
Charleston, 1:432,720), 11480 (Charleston Light to Cape Canaveral,
1:449,659) and 11460(Cape Canaveral to Key West, 1:466,940)).
* * * * *
(c)* * *
(2)* * *
(ii)* * *
(D) Buoy lines. All buoy lines must be composed of sinking 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.
(E) Groundlines. All groundlines must be composed entirely of
sinking line. The attachment of buoys, toggles, or other floatation
devices to groundlines is prohibited.
* * * * *
(5)* * *
(ii)* * *
(B) Groundlines. On or before April 5, 2009, all groundlines must
be composed entirely of sinking line unless exempted from this
requirement under paragraph (a)(4) of this section. * * *
* * * * *
(6) * * *
(ii) * * *
(B) Groundlines. On or before April 5, 2009, all groundlines must
be composed entirely of sinking line unless exempted for this
requirement under paragraph (a)(4) of this section. * * *
* * * * *
(7) * * *
(ii) * * *
(C) Groundlines. On or before April 5, 2009, all groundlines must
be composed entirely of sinking line unless exempted from this
requirement under paragraph (a)(4) of this section. * * *
* * * * *
(8) * * *
(ii) * * *
(B) Groundlines. On or before April 5, 2009, all groundlines must
be composed entirely of sinking line unless exempted from this
requirement under paragraph (a)(4) of this section. * * *
* * * * *
(9) * * *
(ii) * * *
(B) Groundlines. On or before April 5, 2009, all groundlines must
be composed entirely of sinking line unless exempted from this
requirement under paragraph (a)(4) of this section. * * *
* * * * *
(d) * * *
(1) * * *
(i) * * * If more than one buoy is attached to a single buoy line
or if a high flyer and a buoy are used together on a single buoy line,
sinking line must be used between these objects.
* * * * *
(6) * * *
(ii) * * *
(D) Groundlines. On or before October 5, 2008, all groundlines must
be composed entirely of sinking line unless exempted from this
requirement under paragraph (a)(4) of this section. * * *
* * * * *
(7) * * *
(ii) * * * (D) Groundlines. On or before October 5, 2008, all
groundlines must be composed entirely of sinking line unless exempted
from this requirement under paragraph (a)(4). * * *
* * * * *
(i) * * *
(3) * * *
(i) * * *
(B) * * *
(1) Anchored gillnet gear--(i) Groundlines. All groundlines must be
[[Page 32281]]
made entirely of sinking line. Floating groundlines are prohibited. * *
*
* * * * *
(2) Trap/pot gear--(i) Groundlines. All groundlines must be made
entirely of sinking line. Floating groundlines are prohibited. * * *
* * * * *
[FR Doc. 08-1326 Filed 6-3-08; 2:14 pm]
BILLING CODE 3510-22-S