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