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FOR FURTHER INFORMATION CONTACT: nm2 (257 km2)) such that right whale extend the restrictions on lobster trap
Diane Borggaard, NMFS/Northeast density is equal to or greater than 0.04 and anchored gillnet gear for an
Region, 978–281–9300 x6503; or Kristy right whales per nm2 (3.43 km2). A additional 15 day period.
Long, NMFS, Office of Protected qualified individual is an individual The extended DAM Zone is bound by
Resources, 301–713–2322. ascertained by NMFS to be reasonably the following coordinates:
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Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Rules and Regulations 7675
42° 56′ N., 69° 33′ W. (NW Corner) Anchored Gillnet Gear Environmental Assessments for the
42° 16′ N., 69° 33′ W. Fishermen utilizing anchored gillnet DAM program were prepared on
42° 16′ N., 70° 33′ W. December 28, 2001, and August 6, 2003.
gear within the portions of Other
42° 56′ N., 70° 33′ W. This action falls within the scope of the
42° 56′ N., 69° 33′ W. (NW Corner) Northeast Gillnet Waters and the
Stellwagen Bank/Jeffrey’s Ledge analyses of these EAs, which are
In addition to those gear available from the agency upon request.
modifications currently implemented Restricted Area that overlap with the
NMFS provided prior notice and an
under the ALWTRP at 50 CFR 229.32, DAM zone are required to utilize all the
opportunity for public comment on the
the following gear modifications are following gear modifications while the
regulations establishing the criteria and
required in the extended DAM zone. If DAM zone is in effect: procedures for implementing a DAM
the requirements and exceptions for 1. Groundlines must be made of either zone. Providing prior notice and
gear modification in the extended DAM sinking or neutrally buoyant line. opportunity for comment on this action,
zone, as described below, differ from Floating groundlines are prohibited; pursuant to those regulations, would be
other ALWTRP requirements for any 2. All buoy lines must be made of impracticable because it would prevent
overlapping areas and times, then the either sinking or neutrally buoyant line, NMFS from executing its functions to
more restrictive requirements will apply except the bottom portion of the line, protect and reduce serious injury and
in the DAM zone. Special note for which may be a section of floating line mortality of endangered right whales.
gillnet fisherman: a portion of the not to exceed one-third the overall The regulations establishing the DAM
extended DAM zone overlaps the year- length of the buoy line; program are designed to enable the
round Western Gulf of Maine Closure 3. Fishermen are allowed to use two agency to help protect unexpected
Area found at 50 CFR 648.81(e). Due to buoy lines per string; concentrations of right whales. In order
this closure, sink gillnet gear is 4. The breaking strength of each net to meet the goals of the DAM program,
prohibited from this portion of the DAM panel weak link must not exceed 1,100 the agency needs to be able to create a
zone. lb (498.8 kg). The weak link DAM zone and implement restrictions
requirements apply to all variations in on fishing gear as soon as possible once
Lobster Trap/pot Gear net panel size. One weak link must be the criteria are triggered and NMFS
Fishermen utilizing lobster trap/pot placed in the center of the floatline and determines that a DAM restricted zone
gear within the portions of Northern one weak link must be placed in the is appropriate. If NMFS were to provide
Nearshore Lobster Waters, Northern center of each of the up and down lines prior notice and an opportunity for
Inshore State Lobster Waters, and the at both ends of the net panel. public comment upon the creation of a
Stellwagen Bank/Jeffrey’s Ledge Additionally, one weak link must be DAM restricted zone, the aggregated
Restricted Area that overlap with the placed as close as possible to each end right whales would be vulnerable to
DAM zone are required to utilize all of of the net panels on the floatline; or, one entanglement which could result in
the following gear modifications while weak link must be placed between serious injury and mortality.
the DAM zone is in effect: floatline tie-loops between net panels Additionally, the right whales would
1. Groundlines must be made of either and one weak link must be placed most likely move on to another location
sinking or neutrally buoyant line. where the floatline tie-loops attach to before NMFS could implement the
Floating groundlines are prohibited; the bridle, buoy line, or groundline at restrictions designed to protect them,
2. All buoy lines must be made of each end of a net string; thereby rendering the action obsolete.
either sinking or neutrally buoyant line, 5. A weak link with a maximum Therefore, pursuant to 5 U.S.C.
except the bottom portion of the line, breaking strength of 1,100 lb (498.8 kg) 553(b)(B), the AA finds that good cause
which may be a section of floating line must be placed at all buoys; and exists to waive prior notice and an
not to exceed one-third the overall 6. All anchored gillnets, regardless of opportunity to comment on this action
length of the buoy line; the number of net panels, must be to implement a DAM restricted zone to
3. Fishermen are allowed to use two securely anchored with the holding reduce the risk of entanglement of
buoy lines per trawl; and power of at least a 22 lb (10.0 kg) endangered right whales in commercial
4. A weak link with a maximum Danforth-style anchor at each end of the lobster trap/pot and anchored gillnet
breaking strength of 600 lb (272.4 kg) net string. gear as such procedures would be
must be placed at all buoys. The restrictions will be in effect impracticable.
Fishermen utilizing lobster trap/pot beginning at 0001 hours February 10, For the same reasons, the AA finds
gear within the portion of the Offshore 2008, through 2400 hours February 24, that, under 5 U.S.C. 553(d)(3), good
Lobster Waters Area that overlap with 2008, unless terminated sooner or cause exists to waive the 30–day delay
the DAM zone are required to utilize all extended by NMFS through another in effective date. If NMFS were to delay
of the following gear modifications notification in the Federal Register. for 30 days the effective date of this
while the DAM zone is in effect: The restrictions will be announced to action, the aggregated right whales
1. Groundlines must be made of either state officials, fishermen, ALWTRT would be vulnerable to entanglement,
sinking or neutrally buoyant line. members, and other interested parties which could cause serious injury and
Floating groundlines are prohibited; through e-mail, phone contact, NOAA mortality. Additionally, right whales
2. All buoy lines must be made of website, and other appropriate media would likely move to another location
either sinking or neutrally buoyant line, immediately upon issuance of the rule between the time NMFS approved the
except the bottom portion of the line, by the AA. action creating the DAM restricted zone
which may be a section of floating line and the time it went into effect, thereby
Classification rendering the action obsolete and
not to exceed one-third the overall
length of the buoy line; In accordance with section 118(f)(9) of ineffective. Nevertheless, NMFS
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3. Fishermen are allowed to use two the MMPA, the Assistant Administrator recognizes the need for fishermen to
buoy lines per trawl; and (AA) for Fisheries has determined that have time to either modify or remove (if
4. A weak link with a maximum this action is necessary to implement a not in compliance with the required
breaking strength of 1,500 lb (680.4 kg) take reduction plan to protect North restrictions) their gear from a DAM zone
must be placed at all buoys. Atlantic right whales. once one is approved. Thus, NMFS
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7676 Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Rules and Regulations
makes this action effective 2 days after DEPARTMENT OF COMMERCE (Magnuson-Stevens Act) by regulations
the date of publication of this document at 50 CFR part 622. In accordance with
in the Federal Register. NMFS will also National Oceanic and Atmospheric the framework procedures of the FMP,
endeavor to provide notice of this action Administration the South Atlantic Fishery Management
to fishermen through other means upon Council (Council) recommended and
issuance of the rule by the AA, thereby 50 CFR Part 622 the Regional Administrator, Southeast
providing approximately 3 additional [Docket No. 070709302–8019–02]
Region, NMFS approved, a regulatory
days of notice while the Office of the change relating to Atlantic migratory
RIN 0648–AV17 group Spanish mackerel. The change is
Federal Register processes the
document for publication. within the scope of the management
Fisheries of the Caribbean, Gulf of measures that may be adjusted under
NMFS determined that the regulations Mexico, and South Atlantic; Coastal the framework procedure, as specified
establishing the DAM program and Migratory Pelagic Resources of the in 50 CFR 622.48(c).
actions such as this one taken pursuant Gulf of Mexico and South Atlantic; On January 3, 2008, NMFS published
to those regulations are consistent to the Atlantic Group Spanish Mackerel a proposed rule to change the start date
maximum extent practicable with the Commercial Trip Limit in the Southern of the commercial trip limit for Atlantic
enforceable policies of the approved Zone; Change in Start Date migratory group Spanish mackerel and
coastal management program of the U.S. AGENCY: National Marine Fisheries requested public comment (73 FR 439).
Atlantic coastal states. This Service (NMFS), National Oceanic and Two public comments were received on
determination was submitted for review Atmospheric Administration (NOAA), the proposed rule. Both comments were
by the responsible state agencies under Commerce. in favor of the proposed regulatory
section 307 of the Coastal Zone action, therefore no changes were made
ACTION: Final rule.
Management Act. Following state in the final rule as a result of such
review of the regulations creating the SUMMARY: In accordance with the comments. The rationale for this
framework procedure for adjusting measure is contained in the Council’s
DAM program, no state disagreed with
management measures of the Fishery framework action and in the preamble
NMFS’ conclusion that the DAM
Management Plan for the Coastal to the proposed rule and is not repeated
program is consistent to the maximum here.
extent practicable with the enforceable Migratory Pelagic Resources of the Gulf
policies of the approved coastal of Mexico and South Atlantic (FMP), Classification
management program for that state. NMFS changes the start date of the
The Administrator, Southeast Region,
commercial trip limit for Atlantic
The DAM program under which NMFS, determined that this regulatory
migratory group Spanish mackerel in
NMFS is taking this action contains change is consistent with the Council’s
the southern zone to March 1. The
policies with federalism implications framework action and is necessary for
intended effect of this final rule is to
warranting preparation of a federalism the conservation and management of the
conform the trip limit to the beginning
assessment under Executive Order Coastal Migratory Pelagic Resources of
of the fishing year for Atlantic migratory
13132. Accordingly, in October 2001 the Gulf of Mexico and South Atlantic
group Spanish mackerel.
and March 2003, the Assistant Secretary and is consistent with the Magnuson-
DATES: This final rule is effective March Stevens Act and other applicable laws.
for Intergovernmental and Legislative 12, 2008. This final rule has been determined to
Affairs, Department of Commerce, ADDRESSES: Copies of the final be not significant for purposes of E.O.
provided notice of the DAM program regulatory flexibility analysis (FRFA) 12866.
and its amendments to the appropriate and the South Atlantic Fishery A FRFA was prepared for this action.
elected officials in states to be affected Management Council’s framework The FRFA incorporates the initial
by actions taken pursuant to the DAM procedure for adjustment of the start regulatory flexibility analysis (IRFA), a
program. Federalism issues raised by date of the commercial trip limit for summary of significant economic issues
state officials were addressed in the Atlantic migratory group Spanish raised by public comments, NMFS
final rules implementing the DAM mackerel in the southern zone and responses to those comments, and a
program. A copy of the federalism related matters may be obtained from summary of the analyses completed to
Summary Impact Statement for the final the South Atlantic Fishery Management support the action. A copy of the full
rules is available upon request Council, 4055 Faber Place, Suite 201, analysis is available from the Council
(ADDRESSES). North Charleston, SC 29405; phone: (see ADDRESSES). A summary of the
The rule implementing the DAM 843–571–4366, toll free 866–SAFMC– analysis follows.
10; fax: 843–769–4520; e-mail: This rule will change the start date for
program has been determined to be not the 3,500–lb (1,588–kg) trip limit in the
safmc@safmc.net.
significant under Executive Order southern zone for Atlantic migratory
12866. FOR FURTHER INFORMATION CONTACT:
group Spanish mackerel to March 1. The
Susan Gerhart, telephone: 727–824–
Authority: 16 U.S.C. 1361 et seq. and 50 purpose of this action is to correct an
5305, fax: 727–824–5308, e-mail:
CFR 229.32(g)(3) unintended inconsistency created by
Susan.Gerhart@noaa.gov.
Dated: February 5, 2008. Amendment 15 to the FMP, effective
SUPPLEMENTARY INFORMATION: The August 8, 2005 (70 FR 39187, July 5,
Samuel D. Rauch III, fisheries for coastal migratory pelagic 2005), which redefined the fishing year
Deputy Assistant Administrator for resources are regulated under the FMP. for Atlantic migratory group king
Regulatory Programs, National Marine The FMP was prepared jointly by the mackerel and Spanish mackerel from
mstockstill on PROD1PC66 with RULES
Fisheries Service. Gulf of Mexico and South Atlantic April-March to March-February, but did
[FR Doc. 08–597 Filed 2–6–08; 2:07 pm] Fishery Management Councils and is not specify the Spanish mackerel trip
BILLING CODE 3510–22–S implemented under the authority of the limit for March.
Magnuson-Stevens Fishery No comments were received on the
Conservation and Management Act IRFA or on the economic impacts of the
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