[Federal Register Volume 73, Number 196 (Wednesday, October 8, 2008)]
[Notices]
[Pages 58942-58943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23880]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XK98


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: Notice.

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SUMMARY: Pursuant to a preliminary injunction issued in the case, The 
Humane Society of the Unites States, et al. v. Gutierrez, et al., in 
U.S. District Court for the District of Columbia (Civil Action No. 08-
cv-1593 (ESH)), NMFS is reinstating the Dynamic Area Management (DAM) 
program that was terminated by the October 5, 2007, final rule amending 
the Atlantic Large Whale Take Reduction Plan (ALWTRP). The DAM program 
will be implemented consistent with the previous regulations for this 
program, except that it will only be reinstated north of the pre-
existing Seasonal Area Management boundaries (i.e., north of 42[deg]30' 
N. latitude). DAM zones will be established through future notice in 
the Federal Register. The restrictions will be announced to state 
officials, fishermen, Atlantic Large Whale Take Reduction Team (ALWTRT) 
members, and other interested parties through e-mail, phone contact, 
NOAA website, and other appropriate media immediately upon issuance of 
a rule by the AA.

DATES: Effective beginning at 0001 hours October 5, 2008, until the 
broad-based sinking groundline requirements for trap/pot and lobster 
trap/pot fisheries established by the October 5, 2007, final rule go 
into effect.

ADDRESSES: Copies of the previous rulemaking documents associated with 
the ALWTRP, 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/. The complete text of the 
regulations implementing the ALWTRP can be found either in the Code of 
Federal Regulations (CFR) at 50 CFR 229.32 or downloaded from the 
website, along with a guide to the regulations.

Background

    In response to the continued serious injury and mortality of large 
whales (e.g., right, humpback, and fin whales) from entanglement in 
commercial fishing gear, NMFS determined that additional modifications 
to the ALWTRP were warranted. Subsequently, in October 2007, NMFS 
finalized an amendment to the ALWTRP, which implemented a broad-based 
gear modification strategy that included additional regulated 
fisheries; expanded weak link and sinking groundline requirements; 
additional gear marking requirements; changes in boundaries; seasonal 
restrictions for gear modifications; expanded exempted areas; and 
regulatory language changes for the purposes of clarification and 
consistency (72 FR 57104, October 5, 2007; 73 FR 19171, April 9, 2008). 
The October 2007 rule eliminated the Dynamic Area Management (DAM) 
Program on April 5, 2008, when most of the broad-based gear 
modifications became effective. Additionally, gillnet and trap/pot 
fishermen were given one year (through October 5, 2008) to convert 
floating groundline to sinking groundline as part of the broad-based 
gear modification requirements.
    On September 2, 2008, NMFS published a final rule that provided an 
additional six months (through April 5, 2009) for trap/pot fishermen 
along the Atlantic coast to comply with the AWLTRP's broad-based 
sinking groundline requirement (73 FR 51228, September 2, 2008). 
Pursuant to a preliminary injunction issued in the case, The Humane 
Society of the United States, et al. v. Gutierrez, et al., in U.S. 
District Court for the District of Columbia (Civil Action No. 08-cv-
1593 (ESH)), NMFS is reinstating the DAM program, which was terminated 
by the October 5, 2007, final rule (72 FR 57104). The DAM program will 
be implemented consistent with the previous regulations for this 
program (67 FR 1133, January 9, 2002; 67 FR 65722, October 28, 2002; 68 
FR 51195, August 26, 2003; 72 FR 57104, October 5, 2007), except that 
it will only be reinstated north of the pre-existing Seasonal Area 
Management boundaries (i.e., north of 42[deg]30' N. latitude). DAM 
zones will be established through future notice in the Federal 
Register. Future DAM zone 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 a temporary rule by the Assistant 
Administrator for Fisheries (AA). The DAM program will be reinstated 
until the Court's resolution on the merits of the case or the broad-
based sinking groundline requirements for trap/pot and lobster trap/pot 
fisheries established by the October 5, 2007, final rule go into 
effect, whichever occurs earlier.
    In addition to those gear modifications currently implemented under 
the ALWTRP at 50 CFR 229.32, the following gear modifications may be 
required in a DAM zone. In such a case, the ALWTRP management areas 
impacted would be dependent on the area of overlap with the DAM zone. 
If the requirements and exceptions for gear modification in a DAM zone, 
as described below, differ from other ALWTRP requirements for any 
overlapping areas and times, then the more restrictive requirements 
would apply in the DAM zone.

Lobster Trap/Pot Gear

    Fishermen utilizing lobster trap/pot gear within portions of 
Northern Inshore Lobster Waters, Northern Nearshore Lobster Waters, and 
Stellwagen Bank/Jeffreys Ledge Restricted Area that overlap with a DAM 
zone may be required to utilize all of the following gear modifications 
when a DAM zone is in effect:
    1. Groundlines must be made of sinking line. Floating groundlines 
are prohibited;
    2. All buoy lines must be made of sinking line, except the bottom 
portion of the line, which may be a section of

[[Page 58943]]

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 may be 
required to utilize all of the following gear modifications when a DAM 
zone is in effect:
    1. Groundlines must be made of sinking line. Floating groundlines 
are prohibited;
    2. All buoy lines must be made of sinking 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 
the Other Northeast Gillnet Waters and Stellwagen Bank/Jeffreys Ledge 
Restricted Area that overlap with the DAM zone may be required to 
utilize all the following gear modifications when a DAM zone is in 
effect:
    1. Groundlines must be made of sinking line. Floating groundlines 
are prohibited;
    2. All buoy lines must be made of sinking 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.

    Dated: October 2, 2008.
John Oliver
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. E8-23880 Filed 10-7-08; 8:45 am]
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