Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Proposed Rules 9297 

competitive services. The NPRM also 

seeks information on what impact cable 

system clusters, the distribution of 

regional programming services, and 

horizontal consolidation have on the 

programming marketplace. The NPRM 

also inquires about whether there has 

been any change in the resources and 

ability of nonaffiliated cable operators 

and competitive MVPDs to develop 

their own programming. In addition, 

comment is sought on what effect the 

prohibition has had on preserving and 

protecting diversity in the distribution 

of video programming. 

F. Federal Rules Which Duplicate, 

Overlap, or Conflict With the 

Commission’s Proposals 

None. 

VI. Ordering Clauses 

44. Accordingly, it is ordered that, 

pursuant to the authority contained in 

Sections 4(i), 303 and 628 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 154(i), 303 and 548, 

notice is hereby given of the proposals 

described in this NPRM of Proposed 

Rulemaking. 

45. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, will send a copy of 

this NPRM of Proposed Rule Making, 

including the IRFA, to the Chief 

Counsel for Advocacy of the Small 

Business Administration, in accordance 

with the Regulatory Flexibility Act. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E7–3520 Filed 2–28–07; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 223 

[Docket No. 070215034–7034–01; I.D. 

020907D] 

RIN 0648–AU98 

Sea Turtle Conservation; Fishing Gear 

Inspection Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to establish 

an inspection program for modified 

pound net leaders in the Virginia waters 

of the mainstem Chesapeake Bay. 

Current regulations require modified 

pound net leaders, as defined in the 

regulations, in a portion of the Virginia 

Chesapeake Bay, and allow them to be 

used in a different portion of the 

Chesapeake Bay. This proposed action 

would ensure that leaders used in those 

areas do in fact meet the definition of a 

modified pound net leader. This action, 

taken under the Endangered Species Act 

of 1973 (ESA), as amended, is intended 

to facilitate compliance with the 

existing regulation, which is designed to 

help protect threatened and endangered 

sea turtles. 

DATES: Comments on this action are 

requested, and must be received at the 

appropriate address or fax number (see 

ADDRESSES) by no later than 5 p.m., 

eastern daylight time, on April 2, 2007. 

ADDRESSES: Written comments may be 

submitted on this proposed rule, 

identified by RIN 0648–AU98, by any 

one of the following methods: 

(1) E-mail: 

poundnetinspection@noaa.gov. Please 

include the RIN 0648–AU98 in the 

subject line of the message. 

(2) Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions on the website for 

submitting comments. 

(3) NMFS/Northeast Region Website: 

http://www.nero.noaa.gov/nero/regs/ 

com.html Follow the instructions on the 

website for submitting comments. 

(4) Mail: Mary A. Colligan, Assistant 

Regional Administrator for Protected 

Resources, NMFS, Northeast Region, 

One Blackburn Drive, Gloucester, MA 

01930, ATTN: Sea Turtle Conservation 

Measures, Proposed Rule 

(5) Facsimile (fax): 978–281–9394, 

ATTN: Sea Turtle Conservation 

Measures, Proposed Rule 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this proposed 

rule may be submitted in one of the 

above formats and by e-mail to 

DavidlRostker@omb.eop.gov, or fax to 

(202) 395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Pasquale Scida (ph. 978–281–9208, fax 

978–281–9394), or Barbara Schroeder 

(ph. 301–713–2322, fax 301–427–2522). 

SUPPLEMENTARY INFORMATION: 

Background 

Based upon documented sea turtle 

interactions with pound net leaders, 

NMFS issued a final rule on May 5, 

2004 (69 FR 24997), that prohibited the 

use of offshore pound net leaders from 

May 6 to July 15 in an area now referred 

to as ‘‘Pound Net Regulated Area I’’. 

Pound Net Regulated Area I is defined 

as the Virginia waters of the mainstem 

Chesapeake Bay, south of 37°19.0′ N. 

lat. and west of 76°13.0′ W. long., and 

all waters south of 37°13.0′ N. lat. to the 

Chesapeake Bay Bridge Tunnel 

(extending from approximately 37°05′ 

N. lat., 75°59′ W. long. to 36°55′ N. lat., 

76 08′ W. long.) at the mouth of the 

Chesapeake Bay, and the portion of the 

James River downstream of the 

Hampton Roads Bridge Tunnel (I–64; 

approximately 36°59.55′ N. lat., 76° 

18.64′ W. long.) and the York River 

downstream of the Coleman Memorial 

Bridge (Route 17; approximately 

37°14.55′ N. lat, 76°30.40′ W. long.). An 

offshore pound net leader refers to a 

leader with the inland end set greater 

than 10 horizontal feet (3 m) from the 

mean low water line. The May 2004 rule 

also placed restrictions on nearshore 

pound net leaders in Pound Net 

Regulated Area I and on all pound net 

leaders employed in ‘‘Pound Net 

Regulated Area II.’’ Pound Net 

Regulated Area II refers to Virginia 

waters of the Chesapeake Bay, outside of 

Pound Net Regulated Area I as defined 

above, extending to the MarylandVirginia State line (approximately 

37°55′ N. lat., 75°55′ W. long.), the Great 

Wicomico River downstream of the 

Jessie Dupont Memorial Highway Bridge 

(Route 200; approximately 37°50.84′ N. 

lat, 76°22.09′ W. long.), the 

Rappahannock River downstream of the 

Robert Opie Norris Jr. Bridge (Route 3; 

approximately 37°37.44′ N. lat, 

76°25.40′ W. long.), and the Piankatank 

River downstream of the Route 3 Bridge 

(approximately 37°30.62′ N. lat, 

76°25.19′ W. long.) to the COLREGS line 

at the mouth of the Chesapeake Bay. 

According to the 2004 rule, nearshore 

pound net leaders in Pound Net 

Regulated Area I and all pound net 

leaders in Pound Net Regulated Area II 

must have mesh size less than 12 inches 

(30.5 cm) stretched mesh and may not 

employ stringers. 

In 2004 and 2005, NMFS 

implemented a coordinated research 

program with pound net industry 

participants and other interested parties 

to develop and test a modified pound 

net leader design with the goal of 

eliminating or reducing sea turtle 

interactions while retaining an 

acceptable level of fish catch. The 

modified pound net leader design used 

in the experiment consisted of a 

combination of mesh and stiff vertical 

lines. The mesh size was equal to or less 

than 8 inches (20.3 cm). The mesh was 

positioned at a depth that was no more 

than one-third the depth of the water. 


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The vertical lines were 5⁄16 inch (0.8 cm) 

in diameter strung vertically at a 

minimum of every 2 feet (61 cm) and 

attached to a top line. The vertical lines 

rose from the top of the mesh up to a 

top line to which they were attached. In 

2005, hard lay line was used for the 

vertical lines in order to make them 

stiffer. The hard lay lines used in 2005 

were made of 5⁄16 inch (0.8 cm) sinking 

line, and were polyester-wrapped 

around Polysteel, which is a blend of 

polypropylene and polyethylene. The 

design was based on the premise that 

the sea turtles would pass through the 

upper two-thirds of the leader, through 

the stiff vertical lines, without 

entangling in or impinging on the 

leader. 

During the 2–year study, the modified 

leader was found to be effective in 

reducing sea turtle interactions as 

compared to the unmodified leader. The 

final results of the 2004 study found 

that out of eight turtles impinged on or 

entangled in the leaders of pound nets, 

seven were impinged on or entangled in 

an unmodified leader. One leatherback 

turtle was found entangled in a 

modified leader. In response to the 

leatherback entanglement, the gear was 

further modified by increasing the 

stiffness of the vertical lines for the 2005 

experiment. The 2005 experiment found 

that 15 turtles entangled in unmodified 

leaders, but no turtles were impinged on 

or entangled in modified leaders. 

Furthermore, results of the finfish catch 

comparison suggest that the modified 

leader caught similar quantities and size 

compositions as the unmodified leader. 

Based upon these results, on June 23, 

2006, NMFS issued a final rule (71 FR 

36024) that required any offshore pound 

net leader in Pound Net Regulated Area 

I during the time period from May 6 

through July 15 to meet the definition of 

a modified pound net leader. A 

modified pound net leader was defined 

as a pound net leader that is affixed to 

or resting on the sea floor and made of 

a lower portion of mesh and an upper 

portion of only vertical lines such that 

(a) the mesh size is equal to or less than 

8 inches (20.3 cm) stretched mesh; (b) 

at any particular point along the leader 

the height of the mesh from the seafloor 

to the top of the mesh must be no more 

than one-third the depth of the water at 

mean lower low water directly above 

that particular point; (c) the mesh is 

held in place by vertical lines that 

extend from the top of the mesh up to 

a top line, which is a line that forms the 

uppermost part of the pound net leader; 

(d) the vertical lines are equal to or 

greater than 5/16–inch (0.8–cm) in 

diameter and strung vertically at a 

minimum of every 2 feet (61 cm); and 

(e) the vertical lines are hard lay lines 

with a level of stiffness equivalent to the 

stiffness of a 5⁄16 inch (0.8 cm) diameter 

line composed of polyester wrapped 

around a blend of polypropylene and 

polyethylene and containing 

approximately 42 visible twists of 

strands per foot of line. 

Existing mesh size and stringer 

restrictions on nearshore pound net 

leaders in Pound Net Regulated Area I 

and all pound net leaders in Pound Net 

Regulated Area II remain in place from 

May 6 through July 15 each year. 

However, the June 2006 rule created an 

exception to those restrictions by 

allowing the use of modified pound net 

leaders during that period in nearshore 

pound net leaders in Pound Net 

Regulated Area I and all pound net 

leaders in Pound Net Regulated Area II. 

The year-round reporting and 

monitoring requirements for this fishery 

and the framework mechanism under 

the existing regulations (May 5, 2004, 69 

FR 24997) also remained in effect. 

The Proposed Action 

After the 2006 final rule was 

published, NMFS determined that an 

onshore inspection program that 

examines a modified leader ready for 

deployment would help ensure the 

protection of sea turtles, while avoiding 

the difficulties of and potential costs to 

fishermen associated with postdeployment inspections at-sea. For 

example, most of the pound net leader 

is typically set under the water, the 

water clarity in the Chesapeake Bay is 

generally poor, and there may be debris 

in the water that could endanger the 

inspector. In addition, if a fisherman 

was asked to haul the leader for an 

inspection once it was deployed, there 

would be a loss in fishing time. The 

modified leader configuration was 

developed to protect sea turtles, and it 

is important that the leaders deployed 

in this fishery meet the same standards 

as those tested in 2004 and 2005 and 

now embodied in the regulations. NMFS 

proposes an inspection program that 

would: (1) Provide fishermen with the 

assurance that their leaders meet the 

definition of a modified pound net 

leader before setting their gear, thereby 

avoiding the costs associated with 

having to haul their gear during the 

fishing season, fix any parts of the 

leader determined by an authorized 

officer during an at-sea inspection to be 

non-compliant with the regulation, and 

reset the gear; (2) provide managers with 

the knowledge that the offshore leaders 

in Pound Net Regulated Area I are 

configured in a ‘‘turtle-safe’’ manner; 

and (3) aid in enforcement efforts. 

If a pound net fisherman intends to 

use a modified pound net leader 

anywhere in Pound Net Regulated Area 

I or Pound Net Regulated Area II at any 

time during the period from May 6 

through July 15, he or she would adhere 

to the following requirements of the 

inspection program. First, the pound net 

fisherman, or his/her representative, 

would call NMFS at 757–414–0128 at 

least 72 hours before the modified 

leaders are to be deployed. During this 

call, the fisherman or representative and 

NMFS would discuss a meeting date, 

time, and location, as well as the 

fisherman’s plans for setting his/her 

gear. While NMFS realizes that setting 

pound net gear is dependent upon 

weather conditions, allotting a window 

of 72 hours or more enables the 

fishermen and NMFS to arrange a 

mutually agreeable meeting time to 

examine the modified leaders. The 

second component of the inspection 

program involves a meeting between 

NMFS and the fisherman at the dock or 

place of leader fabrication, or another 

mutually agreeable place, to allow 

NMFS to examine the gear. This 

inspection may include, but is not 

limited to, measuring the mesh size, the 

spacing and diameter of the vertical 

lines, and the height of the mesh in 

relation to the entire leader height, as 

well as examining the hard lay line, to 

help ensure the modified leader meets 

the definition of a modified leader as 

established in the June 2006 final rule. 

During the inspection, the fisherman 

must inform NMFS of the specific 

location of deployment of his or her 

inspected pound net leader. If the 

modified leader meets the regulatory 

requirements, NMFS will tag the leader 

with one or more tamperproof tags 

(provided by NMFS) each of which will 

be marked with a unique identification 

number. Additionally, the fisherman 

will receive a letter from NMFS at the 

time of inspection noting that the leader 

has been inspected, the date of the 

inspection, the license holder’s name for 

the site at which the leader will be set, 

the tag numbers of the attached tags, 

and the location of the inspected pound 

net leader. This letter must remain with 

the fisherman during fishing activities. 

The fisherman could then set his or her 

inspected leaders at any time after the 

dockside check, but the tags must 

remain on the gear. After tagging by 

NMFS, the tags may not be tampered 

with or removed from the inspected 

nets. Any modification to the tags on the 

leader, or their removal, is prohibited 

and voids the inspection information in 

the letter. If such occurs and the 

inspection information in the letter 


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1That is, fishermen are able to fish before the 

regulated period with an existing leader. 

Alternatively, if fishermen used the modified leader 

outside the regulated period, they would generally 

remove the leader for cleaning/maintenance at some 

time during the year; if inspection services were 

available during that time, fishing would not be 

impeded. 

becomes void, the fisherman would not 

be in compliance with the regulations 

and be subject to law enforcement 

action. If the onshore inspection 

indicates that the gear does not meet the 

requirements, then the fisherman would 

be told how to make his or her gear 

compliant with the regulation before 

setting it in the water for the season. 

Compared to other gear types and 

fisheries, the pound net fishery in 

Virginia has several characteristics that 

make an inspection program such as 

this necessary, and possible, to 

implement. The gear is only deployed 

once during a season (unless later 

damaged), and the fact that the leaders 

are below the surface combined with the 

low water clarity and visibility in 

Chesapeake Bay make inspection of the 

gear during the season virtually 

impossible. The number of pound nets 

for which the gear modification is 

required is relatively small (<50), which 

makes the inspection program feasible 

to implement. 

Current regulations require any 

offshore pound net leader in Pound Net 

Regulated Area I to meet the definition 

of a modified pound net leader, and 

allow the use of modified pound net 

leaders in nearshore pound net leaders 

in Pound Net Regulated Area I and on 

all pound net leaders in Pound Net 

Regulated Area II. This inspection 

program applies to all modified pound 

net leaders that will be in the Virginia 

Chesapeake Bay waters at any time 

during the period from May 6 through 

July 15. All modified pound net leaders 

must be inspected by NMFS prior to 

deployment, regardless of whether it is 

in Pound Net Regulated Area I or Pound 

Net Regulated Area II. NMFS can 

inspect a net at any time during the 

year, but all modified pound net leaders 

in Virginia Chesapeake Bay waters 

during the period from May 6 through 

July 15 must have been inspected by 

NMFS. If a tag is damaged, destroyed or 

lost by debris, vessel traffic, marine life, 

or any other cause, the fisherman must 

call NMFS within 48 hours of discovery 

to report this incident. Pound net 

fishermen are required to have their 

modified leaders inspected annually, 

within one year from the previous date 

of inspection. Note that if a modified 

leader is set prior to the issuance of a 

final rule, the modified leader would be 

allowed to remain in the water during 

the 2007 season, but it would need to be 

inspected if it will be in either Pound 

Net Regulated Area I or II at any time 

during the period from May 6 through 

July 15, in any subsequent year. 

According to this proposed rule, if a 

fisherman chooses to use a modified 

pound net leader, anywhere in Pound 

Net Regulated Area I or Pound Net 

Regulated Area II, at any time during the 

period from 12:01 a.m. local time on 

May 6 through 11:59 p.m. local time on 

July 15 in any year, the pound net 

leader must be inspected on land by 

NMFS. This action would be 

implemented under the authority of the 

ESA sections 4(d) and 11(f) and is 

necessary and appropriate to conserve 

threatened sea turtles and to enforce the 

provisions of the ESA, including the 

prohibition on takes of endangered sea 

turtles. 

All of the previously established 

NMFS regulations affecting sea turtles 

and pound net leaders in the 

Chesapeake Bay remain in effect. 

Classification 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

NMFS has prepared an initial 

regulatory flexibility analysis that 

describes the economic impact this 

proposed rule, if adopted, would have 

on small entities. A description of the 

action, why it is being considered, and 

the legal basis for this action are 

contained in the preamble and in the 

SUMMARY section. A summary of the 

analysis follows: 

The fishery affected by this proposed 

rule is the Virginia pound net fishery in 

the Chesapeake Bay. The proposed 

action would establish an inspection 

program for modified pound net leaders 

in the Virginia waters of the mainstem 

Chesapeake Bay. 

The Final Environmental Assessment 

(EA) and Regulatory Impact Review 

Regulatory Flexibility Act Analysis of 

Sea Turtle Conservation Measures for 

the Pound Net Fishery in Virginia 

Waters of the Chesapeake Bay (June 

2006) analyzed the economic impacts of 

requiring the use of the modified leader 

for offshore pound nets in Regulated 

Area I and allowing the use of the 

modified leader by all other pound nets 

in the Virginia waters of Chesapeake 

Bay between May 6 and July 15. The 

analysis found the rule would increase 

net revenues for five fishermen in the 

lower Bay by allowing them to fish 

offshore pound nets during the 

regulated time period, compared to the 

previous 2004 rule that prohibited 

leaders. The cost of fabricating and 

deploying the modified leader was more 

than offset by the increase in revenues. 

Additionally, the EA noted that the 

public benefits from turtle protection 

using the modified leader were 

indistinguishable from the leader 

prohibition. This rule does not change 

those conclusions; rather, it would help 

to support the benefits identified. If the 

compliance rate for use of the modified 

leader for offshore pound nets in 

Regulated Area I is not 100 percent, 

there is potential for a reduction in the 

benefits from turtle protection. The 

economic incentives for a fisherman to 

decide not to comply with the existing 

regulations are minor; however, 

fishermen may not comply with the 

modified leader design specifications 

due to an inadvertent error in 

construction. In either case, benefits 

from the existing regulation could be 

reduced. 

The cost to a fisherman of undergoing 

a land based inspection is small. 

Assuming that fishing is not impeded by 

the regulation 1, and the inspection is 

arranged at a location convenient to the 

fisherman, the principal cost to 

fishermen would be the opportunity 

cost of their time to arrange and undergo 

the inspection estimated at $21.50 per 

leader. Assuming telephone costs of 

$1.25 to arrange the meeting, the total 

cost would be $22.75 per leader. 

Fishermen are also required to notify 

NMFS by telephone if a tag is lost, 

damaged or destroyed. It is estimated 

such a call, should it be necessary, 

would take approximately 5 minutes for 

an estimated cost of $2.90 per lost/ 

damaged/destroyed tag (considering 

telephone charges and opportunity cost 

of time). 

The number of fishermen and leaders 

affected by this proposed rule will 

depend on how many fishermen adopt 

the modified leader. At the low end, if 

we assume that only those fishermen 

required to use the modified leader in 

order to fish do so, the estimate is five 

fishermen in the lower Bay with seven 

offshore leaders would incur inspection 

costs. Depending on the number of 

leaders a fisherman deploys, the cost 

per fisherman would range from $22.75 

to $45.50 or 0.03 to 0.06 percent of 

average annual revenues per fisherman. 

A mid-range estimate suggests 

fishermen would replace all offshore 

pound net leaders with the modified 

leader. At the end of five years, 21 

fishermen with 32 pound nets would 

incur costs between $22.75 to $45.50 or 

0.03 to 0.08 percent of average annual 

revenues. At the high end, we can 

assume that during the normal leader 

replacement cycle, all fishermen 

adopted the modified leader for all 

pound nets used in Pound Net 


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9300 Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Proposed Rules 

Regulated Areas I and II during May 6 

to July 15, the estimate at the end of five 

years would be 21 fishermen and 46 

pound nets. The annual cost per 

fisherman would range from $22.75 to 

$91.00, or 0.04 to 0.11 percent of 

average annual revenues. The total 

annual cost to the pound net industry 

would be $159.25 at the low level of 

adoption, or $1,046.50 under full 

adoption, which are 0.0073 to 0.0479 

percent of industry revenues. Note that 

the cost of reporting lost, damaged, or 

destroyed tags is not included in the 

individual fisherman or industry 

estimates because there is no verifiable 

estimate of expected rate of tag loss. If 

one assumes three tags per leader and a 

10–percent loss rate, the total industry 

cost would increase by $5.80 to $40.60 

per year depending on the level of 

adoption and the year. The alternative 

to the proposed action is no action, for 

which there would not be any economic 

impacts on small entities. 

To achieve compliance, the proposed 

rule would require those fishermen who 

wish to deploy a modified leader during 

the period of May 6 through July 15, to 

make their modified leaders available 

for inspection and tagging. Additionally, 

fishermen would be required to retain a 

letter that the leader is in compliance 

for the relevant period. Under existing 

regulations fishermen had to be familiar 

with the design requirements for the 

modified leader; this knowledge 

continues to be required under the 

proposed rule. In the event that a tagged 

leader is damaged or destroyed, 

fishermen would be required to report 

the loss to NMFS personnel. To access 

the inspection program and report lost 

or damaged tags, fishermen would need 

access to a telephone. No new skills 

would be required for compliance. 

This proposed rule does not 

duplicate, overlap or conflict with other 

Federal rules. 

This proposed rule contains a 

collection-of-information requirement 

subject to review and approval by OMB 

under the Paperwork Reduction Act 

(PRA). This requirement has been 

submitted to OMB for approval. Public 

reporting burden for the modified 

pound net leader certification program 

is estimated to average a maximum of 2 

and one half hours per fisherman (or 51 

hours for all Virginia pound net 

fishermen), including the time for 

reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. 

Public comment is sought regarding: 

whether this proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

the accuracy of the burden estimate; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information, 

including through the use of automated 

collection techniques or other forms of 

information technology. Send comments 

on these or any other aspects of the 

collection of information to NMFS in 

one of the formats listed in the 

ADDRESSES section above, and e-mail to 

DavidlRostker@omb.eop.gov, or fax to 

(202) 395–7285. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

List of Subjects in 50 CFR Part 223 

Endangered and threatened species, 

Exports, Transportation. 

Dated: February 23, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set forth in the 

preamble, 50 CFR part 223 is proposed 

to be amended as follows: 

PART 223—THREATENED MARINE 

AND ANADROMOUS SPECIES 

* * * * * 

1. The authority citation for part 223 

continues to read as follows: 

Authority: 16 U.S.C. 1531 et seq.; 16 U.S.C. 

742a et seq.; 31 U.S.C. 9701. 

2. In § 223.205, paragraphs (b)(16) and 

(b)(17) are redesignated as (b)(21) and 

(b)(22), respectively, and paragraphs (b) 

(16) – (20) are added to read as follows: 

§ 223.205 Sea turtles. 

* * * * * 

(16) Set, tend, or fail to remove a 

pound net leader in Pound Net 

Regulated Area I or Pound Net 

Regulated Area II during the time period 

from May 6 through July 15 that does 

not meet the leader construction 

specifications described in 50 CFR 

223.206(d)(10) and 50 CFR 222.102; 

(17) Set, tend, or haul a modified 

pound net leader in Pound Net 

Regulated Area I or Pound Net 

Regulated Area II defined in 50 CFR 

222.102 and referenced in 50 CFR 

223.206(d)(10) during the time period 

from May 6 through July 15 unless that 

leader has been inspected, approved, 

and tagged by NMFS in accordance with 

50 CFR 223.206(d)(10)(vii) prior to 

deploying the leader; 

(18) Alter or replace any portion of a 

pound net leader that has been 

previously tagged by NMFS in 

accordance with 50 CFR 

223.206(d)(10)(vii) so that the altered or 

replaced portion is no longer consistent 

with the modified pound net leader 

definition in 50 CFR 222.102, unless 

that altered or replaced portion is 

inspected and tagged by NMFS in 

accordance with 50 CFR 

223.206(d)(10)(vii) or that alteration or 

replacement occurs after the regulated 

period of May 6 through July 15; 

(19) Remove, transfer, sell, purchase, 

affix, or tamper with any tags used by 

NMFS to mark pound net leaders; 

(20) Fish, tend, or haul a modified 

pound net leader during the time period 

from May 6 through July 15 unless the 

fisherman has a pound net leader 

inspection letter issued by NMFS on 

board the vessel; 

* * * * * 

3. In § 223.206, paragraph (d)(10)(vii) 

is added to read as follows: 

§ 223.206 Exemptions to prohibitions 

relating to sea turtles. 

* * * * * 

(d) * * * 

(10) * * * 

(vii) Modified leader inspection 

program. Any fisherman planning to set 

or fish with a modified pound net leader 

in Pound Net Regulated Area I or Pound 

Net Regulated Area II at any time during 

the period from May 6 through July 15 

must make his/her leader available for 

inspection and tagging by NMFS 

according to the following procedures. 

At least 72 hours prior to deploying a 

modified pound net leader, the 

fisherman, or his/her representative, 

must call NMFS at 757–414–0128 

between 7:00 a.m. and 5:00 p.m. local 

time and arrange for a mutually 

agreeable meeting date, time and place. 

The fisherman must meet NMFS at such 

location at the designated time and 

allow NMFS to examine his or her gear 

to ensure the leader meets the definition 

of a modified pound net leader. During 

the inspection, the fisherman must 

inform NMFS of the specific location 

where his or her inspected pound net 

leader will be set. NMFS will inspect 

the leader and, if it is determined to 

meet the definition of a modified pound 

net leader, will tag the modified pound 

net leader with tamperproof tags. 

Removing or tampering with any tag 

placed on the leader by NMFS is 

prohibited and voids the inspection. If 

a tag is damaged, destroyed, or lost due 

to any cause, the fisherman must call 


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Federal Register / Vol. 72, No. 40 / Thursday, March 1, 2007 / Proposed Rules 9301 

NMFS at 757–414–0128 within 48 hours 

of discovery to report this incident. 

After the modified pound net leader is 

inspected and determined to meet the 

regulatory definition, NMFS will issue a 

letter to the fisherman, and the 

fisherman must retain that letter on 

board his/her vessel during pound net 

fishing activities. Modified pound net 

leaders must be inspected annually, 

within one year from the previous date 

of inspection. 

* * * * * 

[FR Doc. E7–3630 Filed 2–28–07; 8:45 am] 

BILLING CODE 3510–22–S 


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