[Federal Register Volume 66, Number 95 (Wednesday, May 16, 2001)]
[Rules and Regulations]
[Pages 27042-27043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12326]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 010510119-1119-01; I.D. 050901B]
RIN 0648-AP27


Taking of Marine Mammals Incidental to Commercial Fishing 
Operations; Atlantic Large Whale Take Reduction Plan

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

ACTION: Temporary area and gear restrictions.

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SUMMARY: The Assistant Administrator for Fisheries (AA), NOAA, 
announces temporary restrictions consistent with the requirements of 
the Atlantic Large Whale Take Reduction Plan's (ALWTRP) implementing 
regulations. The AA implements gear restrictions for an area totaling 
460 square nautical miles (sq. nm)for 15 days to provide immediate 
protection to an aggregation of northern right whales. The AA also 
requests that fishermen adhere to voluntary measures for a 600 sq. nm 
precautionary area, which surrounds the restricted area.

DATES:  The areas and gear restrictions are effective beginning May 13, 
2001, through May 30, 2001.

ADDRESSES:  Send comments on this document to Gregg LaMontagne, NMFS/
Northeast Region, One Blackburn Drive, Gloucester, MA 01930. Copies of 
the Environmental Assessment (EA), Atlantic Large Whale Take Reduction 
Team (ALWTRT) meeting summaries, and progress reports on implementation 
of the ALWTRP may also be obtained by writing Gregg LaMontagne, NMFS/
Northeast Region at the address above.
    Several of the background documents for the ALWTRP and the take 
reduction planning process can be downloaded from the ALWTRP web site 
at http://www.nero.nmfs.gov/whaletrp/. Copies of the most recent marine 
mammal stock assessment reports may be obtained by writing to Richard 
Merrick, NMFS, 166 Water St., Woods Hole, MA 02543, or can be 
downloaded from the Internet at http://www.nero.nmfs.gov/whaletrp/.

FOR FURTHER INFORMATION CONTACT: Gregg LaMontagne, NMFS, Northeast 
Region, 978-281-9291; or Patricia Lawson, NMFS, Office of Protected 
Resources, 301-713-2322.

SUPPLEMENTARY INFORMATION:  The ALWTRP was developed pursuant to 
section 118 of the Marine Mammal Protection Act (MMPA) to reduce the 
incidental mortality and serious injury of four species of whales 
(northern right, fin, humpback and minke) due to incidental interaction 
with commercial fishing activities. The ALWTRP, implemented through 
regulations codified at 50 CFR 229.32, relies on a combination of 
fishing gear modifications and time/area closures to reduce the risk of 
these whales becoming entangled in commercial fishing gear (and 
potentially suffering serious injury or mortality as a result).
    In addition, the regulations provide authority for contingency 
measures for addressing unusual or unexpected aggregations of right 
whales, or providing protection for such groups of animals during times 
or in areas not addressed by the requirements specified elsewhere in 
Sec. 229.32. Section 229.32(g)(2) allows the AA to revise the ALWTRP 
requirements through a publication in the Federal Register if, among 
other things, NMFS determines that right whales are remaining longer 
than expected in a closed area or have left earlier than expected, NMFS

[[Page 27043]]

determines that the boundaries of a closed area are not appropriate, or 
similar situations occur.
    On April 30, 2001, NMFS received a verified report of 13 northern 
right whales, including 4 cow-calf pairs, in the proximity of 42 deg. 
16'N. lat. and 69 deg. 28'W. long. On May 2, 2001, NMFS received a 
verified sighting of six northern right whales, including two cow-calf 
pairs, in the proximity of 42 deg. 12'N. lat. and 69 deg. 30'W. long. 
These positions lie northeast of Cape Cod in an area called Wilkinson 
Basin.
    The AA, through this action, restricts lobster and gillnet gear set 
in the waters bounded by: 42 deg. 30' N. lat. 69 deg. 15' W. long. (NE 
corner); 42 deg. 05' N. lat. 69 deg. 15' W. long. (SE corner); 42 deg. 
30' N. lat. 69 deg. 40' W. long. (NW corner); and 42 deg. 05' N. lat. 
69 deg. 40'W. long. (SW corner), as follows: (1) All gillnet gear must 
be removed from these waters within 48 hours of filing of this document 
in the Federal Register, and no new gear may be set in this area; (2) 
for all lobster trap gear set within this area at least 50 percent of 
the vertical lines in the water must be removed within 48 hours of 
filing of this document in the Federal Register, and no new gear may be 
set in this area. The restrictions will remain in effect through May 
30, 2001, unless terminated sooner or extended by the AA, through 
another notification in the Federal Register. This restriction will be 
announced to state officials and fishermen through e-mail, phone 
contact, NOAA website, and other media immediately upon filing with the 
Federal Register.
    In addition, the AA requests voluntary compliance from gillnet and 
lobster fishermen, with the same restrictions as mentioned here, for 
the precautionary area, which surrounds the restricted area, in the 
waters bounded by: 42 deg. 36' N. lat., 69 deg. 10'W. long. (NE 
corner); 41 deg. 55' N. lat., 69 deg. 10' W. long. (SE corner); 42 deg. 
36'N. lat., 69 deg. 45' W. long. (NW corner); and 41 deg. 55'N. lat., 
69 deg. 45'W. long. (SW corner). Voluntary compliance with the measures 
in this precautionary area is urged for the same time period as the 
restricted area defined above.

Authority

    This action is authorized by section 118 of the Marine Mammal 
Protection Act and regulations at 50 CFR 229.32(g)(2).

    Dated: May 10, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-12326 Filed 5-11-01; 1:07 pm]
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