7674 Federal Register / Vol. 73, No. 28 / Monday, February 11, 2008 / Rules and Regulations 

Federal Communications Commission. 

John A. Karousos, 

Assistant Chief, Audio Division, Media 

Bureau. 

[FR Doc. E8–2458 Filed 2–8–08; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 080117051–8123–02] 

RIN 0648–XF17 

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 rule; extension of 

temporary area and gear restrictions. 

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. 

These regulations will continue to apply 

to lobster trap/pot and anchored gillnet 

fishermen in an area totaling 

approximately 1,767 nm2 (6,061 km2), 

northeast of Boston, MA, for an 

additional 15 days. The purpose of this 

action is to provide protection to an 

aggregation of northern right whales 

(right whales). 

DATES: The area and gear restrictions 

were initially effective 0001 hours 

January 26, 2008, through 2400 hours 

February 9, 2008. This notice extends 

the restricted period from 0001 hours 

February 10, 2008, through 2400 hours 

February 24, 2008. 

ADDRESSES: Copies of the proposed and 

final Dynamic Area Management (DAM) 

rules, Environmental Assessments 

(EAs), Atlantic Large Whale Take 

Reduction Team (ALWTRT) meeting 

summaries, and progress reports on 

implementation of the ALWTRP may 

also be obtained by writing Diane 

Borggaard, NMFS/Northeast Region, 

One Blackburn Drive, Gloucester, MA 

01930. 

FOR FURTHER INFORMATION CONTACT: 

Diane Borggaard, NMFS/Northeast 

Region, 978–281–9300 x6503; 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 http:// 

www.nero.noaa.gov/whaletrp/. 

Background 

The ALWTRP was developed 

pursuant to section 118 of the Marine 

Mammal Protection Act (MMPA) to 

reduce the incidental mortality and 

serious injury of three endangered 

species of whales (right, fin, and 

humpback) due to incidental interaction 

with commercial fishing activities. In 

addition, the measures identified in the 

ALWTRP would provide conservation 

benefits to a fourth species (minke), 

which are neither listed as endangered 

nor threatened under the Endangered 

Species Act (ESA). 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 whales becoming 

entangled in commercial fishing gear 

(and potentially suffering serious injury 

or mortality as a result). 

On January 9, 2002, NMFS published 

the final rule to implement the 

ALWTRP’s DAM program (67 FR 1133). 

On August 26, 2003, NMFS amended 

the regulations by publishing a final 

rule, which specifically identified gear 

modifications that may be allowed in a 

DAM zone (68 FR 51195). The DAM 

program provides specific authority for 

NMFS to restrict temporarily on an 

expedited basis the use of lobster trap/ 

pot and anchored gillnet fishing gear in 

areas north of 40° N. lat. to protect right 

whales. Under the DAM program, 

NMFS may: (1) require the removal of 

all lobster trap/pot and anchored gillnet 

fishing gear for a 15–day period; (2) 

allow lobster trap/pot and anchored 

gillnet fishing within a DAM zone with 

gear modifications determined by NMFS 

to sufficiently reduce the risk of 

entanglement; and/or (3) issue an alert 

to fishermen requesting the voluntary 

removal of all lobster trap/pot and 

anchored gillnet gear for a 15–day 

period and asking fishermen not to set 

any additional gear in the DAM zone 

during the 15–day period. 

A DAM zone is triggered when NMFS 

receives a reliable report from a 

qualified individual of three or more 

right whales sighted within an area (75 

nm2 (257 km2)) such that right whale 

density is equal to or greater than 0.04 

right whales per nm2 (3.43 km2). A 

qualified individual is an individual 

ascertained by NMFS to be reasonably 

able, through training or experience, to 

identify a right whale. Such individuals 

include, but are not limited to, NMFS 

staff, U.S. Coast Guard and Navy 

personnel trained in whale 

identification, scientific research survey 

personnel, whale watch operators and 

naturalists, and mariners trained in 

whale species identification through 

disentanglement training or some other 

training program deemed adequate by 

NMFS. A reliable report would be a 

credible right whale sighting. 

On January 13, 2008, an aerial survey 

reported two aggregations of right 

whales, totaling seven individuals: four 

whales in the proximity of 42° 37′ N. 

latitude and 70° 01′ W. longitude, and 

three whales in the proximity of 42° 51′ 

N. latitude and 70° 04′ W. longitude. 

These positions lie northeast of Boston, 

Massachusetts, and southeast of 

Portsmouth, New Hampshire, 

respectively. After conducting an 

investigation, NMFS ascertained that 

the report came from a qualified 

individual and determined that the 

report was reliable. Thus, NMFS has 

received a reliable report from a 

qualified individual of the requisite 

right whale density to trigger the DAM 

provisions of the ALWTRP. 

Once a DAM zone is triggered, NMFS 

determines whether to impose 

restrictions on fishing and/or fishing 

gear in the zone. This determination is 

based on the following factors, 

including but not limited to: the 

location of the DAM zone with respect 

to other fishery closure areas, weather 

conditions as they relate to the safety of 

human life at sea, the type and amount 

of gear already present in the area, and 

a review of recent right whale 

entanglement and mortality data. 

NMFS reviewed the options and 

factors noted above and on January 24, 

2008, published a temporary rule in the 

Federal Register (73 FR 4118) to 

announce the establishment of a DAM 

zone with restrictions on anchored 

gillnet and lobster trap gear for a 15–day 

period. On February 4, 2008, a 

subsequent survey conducted over the 

DAM zone indicated that four whales 

were still present in the area northeast 

of Boston, MA, and the DAM zone 

trigger of 0.04 right whales per square 

nm (3.43 km2) continues to be met in 

this portion of the original DAM zone. 

Therefore, in order to further protect the 

right whales in this DAM zone, 

pursuant to 50 CFR 229.32(g)(3)(v), 

NMFS is exercising its authority to 

extend the restrictions on lobster trap 

and anchored gillnet gear for an 

additional 15 day period. 

The extended DAM Zone is bound by 

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) 

42° 16′ N., 69° 33′ W. 

42° 16′ N., 70° 33′ W. 

42° 56′ N., 70° 33′ W. 

42° 56′ N., 69° 33′ W. (NW Corner) 

In addition to those gear 

modifications currently implemented 

under the ALWTRP at 50 CFR 229.32, 

the following gear modifications are 

required in the extended DAM zone. If 

the requirements and exceptions for 

gear modification in the extended DAM 

zone, as described below, differ from 

other ALWTRP requirements for any 

overlapping areas and times, then the 

more restrictive requirements will apply 

in the DAM zone. Special note for 

gillnet fisherman: a portion of the 

extended DAM zone overlaps the yearround Western Gulf of Maine Closure 

Area found at 50 CFR 648.81(e). Due to 

this closure, sink gillnet gear is 

prohibited from this portion of the DAM 

zone. 

Lobster Trap/pot Gear 

Fishermen utilizing lobster trap/pot 

gear within the portions of Northern 

Nearshore Lobster Waters, Northern 

Inshore State Lobster Waters, and the 

Stellwagen Bank/Jeffrey’s Ledge 

Restricted Area that overlap with the 

DAM zone are required to utilize all of 

the following gear modifications while 

the DAM zone is in effect: 

1. Groundlines must be made of either 

sinking or neutrally buoyant line. 

Floating groundlines are prohibited; 

2. All buoy lines must be made of 

either sinking or neutrally buoyant 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; 

3. Fishermen are allowed to use two 

buoy lines per trawl; and 

4. A weak link with a maximum 

breaking strength of 600 lb (272.4 kg) 

must be placed at all buoys. 

Fishermen utilizing lobster trap/pot 

gear within the portion of the Offshore 

Lobster Waters Area that overlap with 

the DAM zone are required to utilize all 

of the following gear modifications 

while the DAM zone is in effect: 

1. Groundlines must be made of either 

sinking or neutrally buoyant line. 

Floating groundlines are prohibited; 

2. All buoy lines must be made of 

either sinking or neutrally buoyant 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; 

3. Fishermen are allowed to use two 

buoy lines per trawl; and 

4. A weak link with a maximum 

breaking strength of 1,500 lb (680.4 kg) 

must be placed at all buoys. 

Anchored Gillnet Gear 

Fishermen utilizing anchored gillnet 

gear within the portions of Other 

Northeast Gillnet Waters and the 

Stellwagen Bank/Jeffrey’s Ledge 

Restricted Area that overlap with the 

DAM zone are required to utilize all the 

following gear modifications while the 

DAM zone is in effect: 

1. Groundlines must be made of either 

sinking or neutrally buoyant line. 

Floating groundlines are prohibited; 

2. All buoy lines must be made of 

either sinking or neutrally buoyant 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; 

3. Fishermen are allowed to use two 

buoy lines per string; 

4. The breaking strength of each net 

panel weak link must not exceed 1,100 

lb (498.8 kg). The weak link 

requirements apply to all variations in 

net panel size. One weak link must be 

placed in the center of the floatline and 

one weak link must be placed in the 

center of each of the up and down lines 

at both ends of the net panel. 

Additionally, one weak link must be 

placed as close as possible to each end 

of the net panels on the floatline; or, one 

weak link must be placed between 

floatline tie-loops between net panels 

and one weak link must be placed 

where the floatline tie-loops attach to 

the bridle, buoy line, or groundline at 

each end of a net string; 

5. A weak link with a maximum 

breaking strength of 1,100 lb (498.8 kg) 

must be placed at all buoys; and 

6. All anchored gillnets, regardless of 

the number of net panels, must be 

securely anchored with the holding 

power of at least a 22 lb (10.0 kg) 

Danforth-style anchor at each end of the 

net string. 

The restrictions will be in effect 

beginning at 0001 hours February 10, 

2008, through 2400 hours February 24, 

2008, unless terminated sooner or 

extended by NMFS through another 

notification in the Federal Register. 

The restrictions will be announced to 

state officials, fishermen, ALWTRT 

members, and other interested parties 

through e-mail, phone contact, NOAA 

website, and other appropriate media 

immediately upon issuance of the rule 

by the AA. 

Classification 

In accordance with section 118(f)(9) of 

the MMPA, the Assistant Administrator 

(AA) for Fisheries has determined that 

this action is necessary to implement a 

take reduction plan to protect North 

Atlantic right whales. 

Environmental Assessments for the 

DAM program were prepared on 

December 28, 2001, and August 6, 2003. 

This action falls within the scope of the 

analyses of these EAs, which are 

available from the agency upon request. 

NMFS provided prior notice and an 

opportunity for public comment on the 

regulations establishing the criteria and 

procedures for implementing a DAM 

zone. Providing prior notice and 

opportunity for comment on this action, 

pursuant to those regulations, would be 

impracticable because it would prevent 

NMFS from executing its functions to 

protect and reduce serious injury and 

mortality of endangered right whales. 

The regulations establishing the DAM 

program are designed to enable the 

agency to help protect unexpected 

concentrations of right whales. In order 

to meet the goals of the DAM program, 

the agency needs to be able to create a 

DAM zone and implement restrictions 

on fishing gear as soon as possible once 

the criteria are triggered and NMFS 

determines that a DAM restricted zone 

is appropriate. If NMFS were to provide 

prior notice and an opportunity for 

public comment upon the creation of a 

DAM restricted zone, the aggregated 

right whales would be vulnerable to 

entanglement which could result in 

serious injury and mortality. 

Additionally, the right whales would 

most likely move on to another location 

before NMFS could implement the 

restrictions designed to protect them, 

thereby rendering the action obsolete. 

Therefore, pursuant to 5 U.S.C. 

553(b)(B), the AA finds that good cause 

exists to waive prior notice and an 

opportunity to comment on this action 

to implement a DAM restricted zone to 

reduce the risk of entanglement of 

endangered right whales in commercial 

lobster trap/pot and anchored gillnet 

gear as such procedures would be 

impracticable. 

For the same reasons, the AA finds 

that, under 5 U.S.C. 553(d)(3), good 

cause exists to waive the 30–day delay 

in effective date. If NMFS were to delay 

for 30 days the effective date of this 

action, the aggregated right whales 

would be vulnerable to entanglement, 

which could cause serious injury and 

mortality. Additionally, right whales 

would likely move to another location 

between the time NMFS approved the 

action creating the DAM restricted zone 

and the time it went into effect, thereby 

rendering the action obsolete and 

ineffective. Nevertheless, NMFS 

recognizes the need for fishermen to 

have time to either modify or remove (if 

not in compliance with the required 

restrictions) their gear from a DAM zone 

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 

the date of publication of this document 

in the Federal Register. NMFS will also 

endeavor to provide notice of this action 

to fishermen through other means upon 

issuance of the rule by the AA, thereby 

providing approximately 3 additional 

days of notice while the Office of the 

Federal Register processes the 

document for publication. 

NMFS determined that the regulations 

establishing the DAM program and 

actions such as this one taken pursuant 

to those regulations are consistent to the 

maximum extent practicable with the 

enforceable policies of 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. Following state 

review of the regulations creating the 

DAM program, no state disagreed with 

NMFS’ conclusion that the DAM 

program is consistent to the maximum 

extent practicable with the enforceable 

policies of the approved coastal 

management program for that state. 

The DAM program under which 

NMFS is taking this action contains 

policies with federalism implications 

warranting preparation of a federalism 

assessment under Executive Order 

13132. Accordingly, in October 2001 

and March 2003, the Assistant Secretary 

for Intergovernmental and Legislative 

Affairs, Department of Commerce, 

provided notice of the DAM program 

and its amendments to the appropriate 

elected officials in states to be affected 

by actions taken pursuant to the DAM 

program. Federalism issues raised by 

state officials were addressed in the 

final rules implementing the DAM 

program. A copy of the federalism 

Summary Impact Statement for the final 

rules is available upon request 

(ADDRESSES). 

The rule implementing the DAM 

program has been determined to be not 

significant under Executive Order 

12866. 

Authority: 16 U.S.C. 1361 et seq. and 50 

CFR 229.32(g)(3) 

Dated: February 5, 2008. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 08–597 Filed 2–6–08; 2:07 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 070709302–8019–02] 

RIN 0648–AV17 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Coastal 

Migratory Pelagic Resources of the 

Gulf of Mexico and South Atlantic; 

Atlantic Group Spanish Mackerel 

Commercial Trip Limit in the Southern 

Zone; Change in Start Date 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: In accordance with the 

framework procedure for adjusting 

management measures of the Fishery 

Management Plan for the Coastal 

Migratory Pelagic Resources of the Gulf 

of Mexico and South Atlantic (FMP), 

NMFS changes the start date of the 

commercial trip limit for Atlantic 

migratory group Spanish mackerel in 

the southern zone to March 1. The 

intended effect of this final rule is to 

conform the trip limit to the beginning 

of the fishing year for Atlantic migratory 

group Spanish mackerel. 

DATES: This final rule is effective March 

12, 2008. 

ADDRESSES: Copies of the final 

regulatory flexibility analysis (FRFA) 

and the South Atlantic Fishery 

Management Council’s framework 

procedure for adjustment of the start 

date of the commercial trip limit for 

Atlantic migratory group Spanish 

mackerel in the southern zone and 

related matters may be obtained from 

the South Atlantic Fishery Management 

Council, 4055 Faber Place, Suite 201, 

North Charleston, SC 29405; phone: 

843–571–4366, toll free 866–SAFMC–

10; fax: 843–769–4520; e-mail: 

safmc@safmc.net. 

FOR FURTHER INFORMATION CONTACT: 

Susan Gerhart, telephone: 727–824–

5305, fax: 727–824–5308, e-mail: 

Susan.Gerhart@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

fisheries for coastal migratory pelagic 

resources are regulated under the FMP. 

The FMP was prepared jointly by the 

Gulf of Mexico and South Atlantic 

Fishery Management Councils 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. In accordance with 

the framework procedures of the FMP, 

the South Atlantic Fishery Management 

Council (Council) recommended and 

the Regional Administrator, Southeast 

Region, NMFS approved, a regulatory 

change relating to Atlantic migratory 

group Spanish mackerel. The change is 

within the scope of the management 

measures that may be adjusted under 

the framework procedure, as specified 

in 50 CFR 622.48(c). 

On January 3, 2008, NMFS published 

a proposed rule to change the start date 

of the commercial trip limit for Atlantic 

migratory group Spanish mackerel and 

requested public comment (73 FR 439). 

Two public comments were received on 

the proposed rule. Both comments were 

in favor of the proposed regulatory 

action, therefore no changes were made 

in the final rule as a result of such 

comments. The rationale for this 

measure is contained in the Council’s 

framework action and in the preamble 

to the proposed rule and is not repeated 

here. 

Classification 

The Administrator, Southeast Region, 

NMFS, determined that this regulatory 

change is consistent with the Council’s 

framework action and is necessary for 

the conservation and management of the 

Coastal Migratory Pelagic Resources of 

the Gulf of Mexico and South Atlantic 

and is consistent with the MagnusonStevens Act and other applicable laws. 

This final rule has been determined to 

be not significant for purposes of E.O. 

12866. 

A FRFA was prepared for this action. 

The FRFA incorporates the initial 

regulatory flexibility analysis (IRFA), a 

summary of significant economic issues 

raised by public comments, NMFS 

responses to those comments, and a 

summary of the analyses completed to 

support the action. A copy of the full 

analysis is available from the Council 

(see ADDRESSES). A summary of the 

analysis follows. 

This rule will change the start date for 

the 3,500–lb (1,588–kg) trip limit in the 

southern zone for Atlantic migratory 

group Spanish mackerel to March 1. The 

purpose of this action is to correct an 

unintended inconsistency created by 

Amendment 15 to the FMP, effective 

August 8, 2005 (70 FR 39187, July 5, 

2005), which redefined the fishing year 

for Atlantic migratory group king 

mackerel and Spanish mackerel from 

April-March to March-February, but did 

not specify the Spanish mackerel trip 

limit for March. 

No comments were received on the 

IRFA or on the economic impacts of the 

mstockstill on PROD1PC66 with RULES