[Federal Register Volume 63, Number 98 (Thursday, May 21, 1998)]
[Rules and Regulations]
[Pages 27860-27861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13498]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 970129015-8123-06; I.D. 042798B]
RIN 0648-AI84


Taking of Marine Mammals Incidental to Commercial Fishing 
Operations; Pacific Offshore Cetacean Take Reduction Plan Regulations; 
Technical Amendment

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; technical amendment.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this document to correct and clarify the meaning 
of a final rule to reduce bycatch of several marine mammal stocks that 
occur incidental to fishing for swordfish and thresher shark with drift 
gillnet gear offshore California and Oregon. These amendments are 
nonsubstantive.

DATES: Effective May 21, 1998.

FOR FURTHER INFORMATION CONTACT: Irma Lagomarsino, NMFS, Southwest 
Region, 562-980-4016; or Victoria Cornish, NMFS, Office of Protected 
Resources, 301-713-2322.

SUPPLEMENTARY INFORMATION:

Background

    On October 3, 1997 (62 FR 51805), NMFS published a final rule 
requiring new training, equipment, and gear modifications for operators 
and vessels in the California/Oregon drift gillnet fishery for thresher 
shark and swordfish to reduce the mortality and serious injury of 
several marine mammal stocks that occurs incidental to fishing 
operations. The regulatory text was codified in subpart C of 50 CFR 
part 229.

Amendments to 50 CFR Part 229

    NMFS has determined that the meaning of term ``extender'' might be 
unclear to some readers. An ``extender'' is a line that attaches a buoy 
(float) to a drift gillnet's floatline. To clarify this term, NMFS is 
adding a definition for ``extender'' to Sec. 229.31(b).
    Since floatlines are attached at the top of drift gillnets, the 
length of extender lines determine the depth in the water column at 
which the net is fished. NMFS intended the final rule to require that 
all extenders used in the fishery be at least 6 fathoms (36 ft., 10.9 
m) long because the length of extenders controls the depth the net is 
fished in the water column. The depth of the net in the water column is 
correlated with marine mammal bycatch; observer data indicate that nets 
deployed shallower in the water column entangle more marine mammals. 
However, the word, ``all'' was inadvertently omitted from the 
regulatory text. NMFS is clarifying that ``all'' extenders deployed 
must be at least 6 fathoms (36 ft., 10.9 m) long during all sets under 
Sec. 229.31(b). Accordingly, since floatlines are attached to the top 
of the nets, all floatlines must be fished at a minimum of 36 feet 
(10.9 m) below the surface of the water.
    NMFS is removing the outdated reference to ``October 30, 1997'' 
under Sec. 229.31(c)(2).
    Also, in the same section, the final rule requires that, while at 
sea, drift gillnet vessels with multifilament gillnets on board must 
carry enough pingers to meet the configuration requirements set forth 
under Sec. 229.31(c)(3). The goal of this requirement is to facilitate 
enforcement of the pinger requirement during at-sea boardings by 
enforcement agents onto drift gillnet vessels that are not actively 
fishing. The term ``multifilament'' was intended to identify the 
typical gear type used in the fishery and not to describe a narrow 
class of fishing vessels. NMFS believes that any vessel that could 
potentially fish in the fishery should have the required number of 
pingers on board at all times while at sea. To ensure that the final 
rule remains inclusive, NMFS is deleting the term ``multifilament'' 
under Sec. 229.31(c)(2).
    NMFS is also adding a figure to part 229 which illustrates the 
pinger configuration and extender requirements (see figure 1).

Classification

    The Assistant Administrator for Fisheries, NOAA (AA) has determined 
that this final rule, technical amendment, makes only minor, non-
substantive changes and does not change operating practices in the 
fishery. Therefore, there is good cause under 5 U.S.C. 553(b)(B) to 
waive the requirement for prior notice and an opportunity for public 
comment. Such

[[Page 27861]]

procedures are unnecessary. Because this rule makes no substantive 
changes to the existing regulations, it is not subject to a delay of 
effective date under 5 U.S.C. 553(d).
    As this rule is not subject to the requirement to provide prior 
notice and an opportunity for public comment under 5 U.S.C. 553, or any 
other law, the analytical requirements of the Regualtory Flexibility 
Act, 5 U.S.C. 601 et seq., are inapplicable.
    This rule is exempt from review under E.O. 12866.

List of Subjects in 50 CFR Part 229

    Administrative practice and procedure, Confidential business 
information, Fisheries, Marine mammals, Reporting and recordkeeping 
requirements.

    Dated: May 15, 1998.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 229 is amended 
as follows:

PART 229-AUTHORIZATION FOR COMMERCIAL FISHERIES UNDER THE MARINE 
MAMMAL PROTECTION ACT OF 1972

    1. The authority citation for part 229 continues to read as 
follows:

    Authority: 16 U.S.C. 1361 et seq.

    2. In Sec. 229.31, paragraphs (b) and (c)(2) are revised to read as 
follows:


Sec. 229.31  Pacific Offshore Cetacean Take Reduction Plan.

* * * * *
    (b) Extenders. An extender is a line that attaches a buoy (float) 
to a drift gillnet's floatline. The floatline is attached to the top of 
the drift gillnet. All extenders (buoy lines) must be at least 6 
fathoms (36 ft; 10.9 m) in length during all sets. Accordingly, all 
floatlines must be fished at a minimum of 36 feet (10.9 m) below the 
surface of the water.
    (c) * * *
    (2) While at sea, drift gillnet vessels with gillnets onboard must 
carry enough pingers to meet the configuration requirements set forth 
under paragraph (c)(3) of this section.
* * * * *
    3. Figure 1 to part 229 is added to read as follows:

    [GRAPHIC] [TIFF OMITTED] TR21MY98.061
    

[FR Doc. 98-13498 Filed 5-20-98; 8:45 am]
BILLING CODE 3510-22-P