60638 Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Rules and Regulations 

FINAL REPORT OF THEFT RATES FOR MODEL YEAR 2006 PASSENGER MOTOR VEHICLES STOLEN IN CALENDAR YEAR

2006—Continued 

Manufacturer Make/model (line) Thefts 2006 Production 

(Mfr’s) 2006 

2006 Theft 

rate 

(per 1,000 vehicles produced) 

203. ASTON MARTIN ..................................... VANTAGE ...................................................... 0 161 0.0000

204. AUDI ....................................................... TT ................................................................... 0 1199 0.0000 

205. BENTLEY MOTORS ............................... ARNAGE ........................................................ 0 228 0.0000 

206. BUGATTI ................................................ VEYRON ........................................................ 0 17 0.0000 

207. FERRARI ................................................ MARANELLO/F1 ............................................ 0 1392 0.0000 

208. FORD MOTOR CO ................................. FORD GT ....................................................... 0 1729 0.0000 

209. GENERAL MOTORS .............................. CADILLAC LIMOUSINE ................................. 0 922 0.0000 

210. HONDA ................................................... HONDA INSIGHT ........................................... 0 803 0.0000 

211. JAGUAR ................................................. VANDEN PLAS/SUPER V8 ........................... 0 1761 0.0000 

212. JAGUAR ................................................. XJR ................................................................. 0 307 0.0000 

213. LAMBORGHINI ....................................... GALLARDO .................................................... 0 392 0.0000

214. MASERATI .............................................. GRANSPORT ................................................. 0 51 0.0000 

215. MASERATI .............................................. QUATTROPORTE ......................................... 0 1609 0.0000 

216. MASERATI .............................................. SPYDER/F1 ................................................... 0 777 0.0000 

217. NISSAN ................................................... INFINITI Q45 .................................................. 0 140 0.0000 

218. SAAB ...................................................... 9–5 ................................................................. 0 11620 0.0000 

219. SAAB ...................................................... 9–7X ............................................................... 0 5484 0.0000 

220. SALEEN .................................................. S7 ................................................................... 0 16 0.0000 

221. SPYKER ................................................. C8 ................................................................... 0 13 0.0000 

222. TOYOTA ................................................. TOYOTA YARIS ............................................. 0 2571 0.0000 

223. VOLKSWAGEN ...................................... PHAETON ...................................................... 0 259 0.0000 

Issued on: October 7, 2008. 

Stephen R. Kratzke, 

Associate Administrator for Rulemaking. 

[FR Doc. E8–24231 Filed 10–10–08; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 222 and 223 

[Docket No. 0810061316–81321–01] 

RIN 0648–XL11 

Sea Turtle Conservation; Shrimp 

Trawling Requirements 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule. 

SUMMARY: NMFS issues this temporary 

rule for a period of 30 days, to allow 

shrimp fishermen to use limited tow 

times as an alternative to Turtle 

Excluder Devices (TEDs) in state and 

Federal waters offshore of Texas (from 

the Texas/Louisiana boundary 

southward to the boundary shared by 

Matagorda and Brazoria Counties; 

approximately 95° 32’W. long.) 

extending offshore 20 nautical miles. 

This action is necessary because 

environmental conditions resulting from 

Hurricane Ike are preventing some 

fishermen from using TEDs effectively. 

DATES: Effective from October 8, 2008 

through November 7, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Michael Barnette, 727–551–5794. 

SUPPLEMENTARY INFORMATION: 

Background 

All sea turtles that occur in U.S. 

waters are listed as either endangered or 

threatened under the Endangered 

Species Act of 1973 (ESA). The Kemp’s 

ridley (Lepidochelys kempii), 

leatherback (Dermochelys coriacea), and 

hawksbill (Eretmochelys imbricata) 

turtles are listed as endangered. The 

loggerhead (Caretta caretta) and green 

(Chelonia mydas) turtles are listed as 

threatened, except for breeding 

populations of green turtles in Florida 

and on the Pacific coast of Mexico, 

which are listed as endangered. 

Sea turtles are incidentally taken, and 

some are killed, as a result of numerous 

activities, including fishery-related 

trawling activities in the Gulf of Mexico 

and along the Atlantic seaboard. Under 

the ESA and its implementing 

regulations, the taking of sea turtles is 

prohibited, with exceptions identified 

in 50 CFR 223.206(d), or according to 

the terms and conditions of a biological 

opinion issued under section 7 of the 

ESA, or according to an incidental take 

permit issued under section 10 of the 

ESA. The incidental taking of turtles 

during shrimp or summer flounder 

trawling is exempted from the taking 

prohibition of section 9 of the ESA if the 

conservation measures specified in the 

sea turtle conservation regulations (50 

CFR 223) are followed. The regulations 

require most shrimp trawlers and 

summer flounder trawlers operating in 

the southeastern United States (Atlantic 

area, Gulf area, and summer flounder 

sea turtle protection area, see 50 CFR 

223.206) to have a NMFS-approved TED 

installed in each net that is rigged for 

fishing to allow sea turtles to escape. 

TEDs currently approved by NMFS 

include single-grid hard TEDs and 

hooped hard TEDs conforming to a 

generic description, the flounder TED, 

and one type of soft TED the Parker soft 

TED (see 50 CFR 223.207). 

TEDs incorporate an escape opening, 

usually covered by a webbing flap, 

which allows sea turtles to escape from 

trawl nets. To be approved by NMFS, a 

TED design must be shown to be 97 

percent effective in excluding sea turtles 

during testing based upon specific 

testing protocols (50 CFR 223.207(e)(1)). 

Most approved hard TEDs are described 

in the regulations (50 CFR 223.207(a)) 

according to generic criteria based upon 

certain parameters of TED design, 

configuration, and installation, 

including height and width dimensions 

of the TED opening through which the 

turtles escape. 

The regulations governing sea turtle 

take prohibitions and exemptions 

provide for the use of limited tow times 

as an alternative to the use of TEDs for 

vessels with certain specified 


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Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Rules and Regulations 60639 

characteristics or under certain special 

circumstances. The provisions of 50 

CFR 223.206(d)(3)(ii) specify that the 

NOAA Assistant Administrator for 

Fisheries (AA) may authorize 

compliance with tow time restrictions 

as an alternative to the TED requirement 

if the AA determines that the presence 

of algae, seaweed, debris, or other 

special environmental conditions in a 

particular area makes trawling with 

TED-equipped nets impracticable. The 

provisions of 50 CFR 223.206(d)(3)(i) 

specify the maximum tow times that 

may be used when tow time limits are 

authorized as an alternative to the use 

of TEDs. Each tow may be no more than 

55 minutes from April 1 through 

October 31 and no more than 75 

minutes from November 1 through 

March 31, as measured from the time 

that the trawl doors enter the water until 

they are removed from the water. These 

tow time limits are designed to 

minimize the level of mortality of sea 

turtles that are captured by trawl nets 

not equipped with TEDs. 

Recent Events 

On September 29, 2008, the NMFS 

Southeast Regional Administrator 

received a request from the Texas Parks 

and Wildlife Department (TPWD) to 

allow the use of tow times as an 

alternative to TEDs in state and federal 

waters because of excessive stormrelated debris on the fishing grounds as 

a result of Hurricane Ike. When a TED 

is clogged with debris, it can no longer 

catch shrimp effectively nor can it 

effectively exclude turtles. Phone 

conversations between NMFS Southeast 

Region’s Protected Resources staff, 

fishermen, and the state’s resource 

agency staff confirm there are problems 

with debris in state and Federal waters 

off Texas (from the Texas/Louisiana 

boundary southward to the boundary 

shared by Matagorda and Brazoria 

Counties; approximately 95° 32’W. 

long.) extending offshore 20 nautical 

miles, which are likely to affect the 

effectiveness of TEDs. Texas has stated 

that their marine enforcement agents 

will enforce the tow time restrictions. 

Special Environmental Conditions 

The AA finds that debris washed into 

hurricane-affected state and Federal 

waters off of Texas (from the Texas/ 

Louisiana boundary southward to the 

boundary shared by Matagorda and 

Brazoria Counties; approximately 95° 

32’W. long.), extending offshore 20 

nautical miles, has created special 

environmental conditions that make 

trawling with TED-equipped nets 

impracticable. Therefore, the AA issues 

this notification to authorize the use of 

restricted tow times as an alternative to 

the use of TEDs in state and Federal 

waters off of Texas (from the Texas/ 

Louisiana boundary southward to the 

boundary shared by Matagorda and 

Brazoria Counties; approximately 95° 

32’W. long.) extending offshore 20 

nautical miles, for a period of 30 days. 

Tow times must be limited to no more 

than 55 minutes until October 31, and 

no more than 75 minutes thereafter, as 

measured from the time that the trawl 

doors enter the water until they are 

removed from the water. 

Continued Use of TEDs 

NMFS encourages shrimp trawlers in 

the affected areas to continue to use 

TEDs if possible, even though they are 

authorized under this action to use 

restricted tow times. 

NMFS’ gear experts have provided 

several general operational 

recommendations to fishermen to 

maximize the debris exclusion ability of 

TEDs that may allow some fishermen to 

continue using TEDs without resorting 

to restricted tow times. To exclude 

debris, NMFS recommends the use of 

hard TEDs made of either solid rod or 

of hollow pipe that incorporate a bent 

angle at the escape opening, in a 

bottom-opening configuration. In 

addition, the installation angle of a hard 

TED in the trawl extension is an 

important performance element in 

excluding debris from the trawl. High 

installation angles can trap debris either 

on or in front of the bars of the TED; 

NMFS recommends an installation 

angle of 45E, relative to the normal 

horizontal flow of water through the 

trawl, to optimize the TED’s ability to 

exclude turtles and debris. Furthermore, 

the use of accelerator funnels, which are 

allowable modifications to hard TEDs, is 

not recommended in areas with heavy 

amounts of debris or vegetation. Lastly, 

the webbing flap that is usually 

installed to cover the turtle escape 

opening may be modified to help 

exclude debris quickly: the webbing flap 

can either be cut horizontally to shorten 

it so that it does not overlap the frame 

of the TED or be slit in a fore-and-aft 

direction to facilitate the exclusion of 

debris. The use of the double cover flap 

TED will also aid in debris exclusion. 

All of these recommendations 

represent legal configurations of TEDs 

for shrimpers fishing in the affected 

areas. This action does not authorize 

any other departure from the TED 

requirements, including any illegal 

modifications to TEDs. In particular, if 

TEDs are installed in trawl nets, they 

may not be sewn shut. 

Alternative to Required Use of TEDs 

The authorization provided by this 

rule applies to all shrimp trawlers that 

would otherwise be required to use 

TEDs in accordance with the 

requirements of 50 CFR 223.206(d)(2) 

who are operating in hurricane-affected 

state and Federal waters off Texas (from 

the Texas/Louisiana boundary 

southward to the boundary shared by 

Matagorda and Brazoria Counties; 

approximately 95° 32’W. long.), 

extending offshore 20 nautical miles, for 

a period of 30 days. Through this 

temporary rule, shrimp trawlers may 

choose either restricted tow times or 

TEDs to comply with the sea turtle 

conservation regulations, as prescribed 

above. 

Alternative to Required Use of TEDs; 

Termination 

The AA, at any time, may withdraw 

or modify this temporary authorization 

to use tow time restrictions in lieu of 

TEDs through publication of a notice in 

the Federal Register, if necessary to 

ensure adequate protection of 

endangered and threatened sea turtles. 

Under this procedure, the AA may 

modify the affected area or impose any 

necessary additional or more stringent 

measures, including more restrictive 

tow times, synchronized tow times, or 

withdrawal of the authorization if the 

AA determines that the alternative 

authorized by this rule is not 

sufficiently protecting turtles or no 

longer needed. The AA may also 

terminate this authorization if 

information from enforcement, state 

authorities, or NMFS indicates 

compliance cannot be monitored 

effectively. This authorization will 

expire automatically on November 7, 

2008, unless it is explicitly extended 

through another notification published 

in the Federal Register. 

Classification 

This action has been determined to be 

not significant for purposes of Executive 

Order 12866. 

The AA has determined that this 

action is necessary to respond to an 

environmental situation to allow more 

efficient fishing for shrimp, while 

providing effective protection for 

endangered and threatened sea turtles 

pursuant to the ESA and applicable 

regulations. 

Pursuant to 5 U.S.C. 553(b)(B), the AA 

finds that there is good cause to waive 

prior notice and opportunity to 

comment on this rule. The AA finds that 

unusually high amounts of debris are 

creating special environmental 

conditions that make trawling with 

TED-equipped nets impracticable. Prior 


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60640 Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Rules and Regulations 

notice and opportunity to comment are 

impracticable and contrary to the public 

interest in this instance because 

providing notice and comment would 

prevent the agency from providing the 

affected industry relief from the effects 

of Hurricane Ike in a timely manner, 

while continuing to provide effective 

protection for sea turtles. 

Many fishermen may be unable to 

operate under the special environmental 

conditions created by Hurricane Ike 

without an alternative to the use of 

TEDs. Therefore, the AA finds that there 

is good cause to waive the 30–day delay 

in effective date pursuant to 5 U.S.C. 

553(d)(3) to provide alternatives to 

comply with the sea turtle regulations in 

a timely manner. For the reasons above, 

the AA finds that this temporary rule 

should not be subject to a 30–day delay 

in effective date, pursuant to 5 U.S.C. 

553(d)(1). 

Since prior notice and an opportunity 

for public comment are not required to 

be provided for this action by 5 U.S.C. 

553, or by any other law, the analytical 

requirements of 5 U.S.C. 601 et seq. are 

inapplicable. 

Dated: October 7, 2008. 

James W. Balsiger, 

Acting Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E8–24280 Filed 10–8–08; 4:15 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 0810071323–81326–01] 

RIN 0648–XL09 

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. 

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 apply to lobster trap/ 

pot and anchored gillnet fishermen in 

an area totaling approximately 1,445 

nm2 (4,956 km2), southeast of Portland, 

Maine for 15 days. The purpose of this 

action is to provide protection to an 

aggregation of northern right whales 

(right whales). 

DATES: Effective beginning at 0001 hours 

October 16, 2008, through 2400 hours 

November 1, 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 

order to protect right whales and is 

applicable to areas north of 42°30’ N. 

lat. 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 October 6, 2008, an aerial survey 

reported an aggregation of four right 

whales in the proximity of 43° 00’ N. lat. 

and 69° 58’ W. long. The position lies 

approximately 40 nm southeast of 

Portland, Maine. 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 has reviewed the factors and 

management options noted above 

relative to the DAM under 

consideration. As a result of this review, 

NMFS prohibits lobster trap/pot and 


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