[Federal Register Volume 78, Number 171 (Wednesday, September 4, 2013)]
[Rules and Regulations]
[Pages 54548-54552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21487]
[[Page 54547]]
Vol. 78
Wednesday,
No. 171
September 4, 2013
Part III
Department of Commerce
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National Oceanic and Atmospheric Administration
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50 CFR Part 660
Taking of Threatened or Endangered Marine Mammals Incidental to
Commercial Fishing Operations; Issuance of Permit; Fisheries Off West
Coast States; Highly Migratory Fisheries; California Drift Gillnet
Fishery; Sperm Whale Interaction Restriction; Final Rule and Notice
Federal Register / Vol. 78 , No. 171 / Wednesday, September 4, 2013 /
Rules and Regulations
[[Page 54548]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
RIN 0648-BD57
[Docket No. 130802674-3749-01]
Fisheries Off West Coast States; Highly Migratory Fisheries;
California Drift Gillnet Fishery; Sperm Whale Interaction Restriction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; emergency action; request for comments.
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SUMMARY: NMFS is issuing temporary regulations under the authority of
Section 305(c) of the Magnuson-Stevens Fishery Conservation and
Management Act (MSA) to: implement an immediate closure of the
California thresher shark/swordfish drift gillnet (mesh size >=14
inches) (DGN) fishery if one sperm whale is observed killed or
seriously injured in DGN gear off California, and require all DGN
fishing vessels to carry a NMFS-trained observer from August 15, 2013
to January 31, 2014 in a 100% observer coverage area (Zone). The Zone
covers nearly all areas in the U.S. exclusive economic zone (EEZ)
deeper than the 1,100 fathoms (fm) (2,012 meters (m)) depth contour.
Owners/operators of vessels intending to fish with DGN gear will be
required to install, activate, carry and operate a vessel monitoring
system (VMS) prior to embarking on a DGN fishing trip after the
effective date of this rule.
DATES: This rule is effective September 4, 2013 through January 31,
2014. Comments must be received on or before October 4, 2013.
ADDRESSES: You may submit comments on the temporary rule, identified by
NOAA-NMFS-2013-0131 by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0131, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Fax: 562-980-4047; Attention: Craig Heberer.
Mail: Craig Heberer, Southwest Regional Office, NMFS, 501
W. Ocean Blvd., Ste. 4200, Long Beach, CA 90802.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
Requests for copies of documents supporting this rule may be
obtained from the Southwest Regional Office, NMFS, 501 W Ocean Blvd.,
Ste. 4200, Long Beach, CA 90802.
FOR FURTHER INFORMATION CONTACT: Craig Heberer, telephone: 706-431-9440
(303), fax: 562-980-4047, email: [email protected].
SUPPLEMENTARY INFORMATION: The DGN fishery is managed under the Federal
Fishery Management Plan for U.S. West Coast Fisheries for Highly
Migratory Species (HMS FMP). The HMS FMP was prepared by the Pacific
Fishery Management Council (Council) and is implemented under the
authority of the MSA by regulations at 50 CFR part 660.
Background
NMFS takes this action in accordance with the MSA, the Endangered
Species Act (ESA), and the Marine Mammal Protection Act (MMPA). The ESA
requires the Federal government to protect and conserve species and
populations that are endangered, or threatened with extinction, and to
conserve the ecosystems on which these species depend. The MMPA
prohibits, with certain exceptions, the ``take'' of marine mammals in
U.S. waters and by U.S. citizens on the high seas, and the importation
of marine mammals and products into the United States. All marine
mammals are protected under the MMPA.
During the 2010-2011 fishing season, a NMFS-trained observer
recorded two sperm whales caught in the DGN fishery in U.S. Federal
waters near the border with Mexico. One animal was dead when retrieved,
the other was seriously injured. Sperm whales are listed as endangered
under the ESA and are designated as depleted under the MMPA. In 2004,
NMFS issued a biological opinion on the HMS FMP, including the DGN
fishery, and an incidental take statement (ITS) for the FMP. The NMFS
Sustainable Fisheries Division engaged in pre-consultation with the
NMFS Protected Resources Division upon notice in June 2011 that the
takes of two sperm whales during the 2010-2011 fishing season likely
exceeded the ITS for the DGN fishery. As a result, consultation was
reinitiated in July of 2012, with NMFS completing a biological
assessment in September 2012 and a biological opinion in May 2013
(http://swr.nmfs.noaa.gov/mm/Signed_DGN_BiOp_050213.pdf) that
included a new ITS pertaining to whale bycatch contingent on the
issuance of a MMPA 101(a)(5)(E) permit.
The ESA exempts take of listed marine mammals through the issuance
of an ITS only if such take is also permitted by section 101(a)(5)(E)
of the MMPA. Without a permit under the MMPA, any incidental, but not
intentional, take of ESA-listed marine mammals is not exempt from ESA
Section 9 take prohibitions. The potential biological removal (PBR) is
the maximum number of animals, not including natural mortalities, that
may be removed from a marine mammal stock while allowing that stock to
reach or maintain its optimum sustainable population. Given the
determination that incidental takes of sperm whales by the DGN fishery
during the 2010-2011 fishing season exceeded the PBR for the
California-Oregon-Washington stock of sperm whales, the fishery, as
currently configured, could not be issued an MMPA 101(a)(5)(E) permit.
As a result, the ITS listed in the 2013 biological opinion for the DGN
fishery would not exempt the fishery, as currently configured, from ESA
Section 9. This situation also presents serious conservation and
management problems in the fishery. If mortality and serious injury of
the California-Oregon-Washington stock of sperm whales incidental to
this fishery continues to exceed PBR, it could have a long-term adverse
effect on the marine environment by preventing the California-Oregon-
Washington stock of sperm whales from reaching their optimum
sustainable population level and existing as a significant functioning
element in the ecosystem.
Based on this information, NMFS is issuing short-term measures to
reduce interactions with sperm whales during the 2013-14 fishing season
in the DGN fishery. These measures for the 2013-2014 fishing season are
needed to ensure that any serious injury or mortality to sperm whales
in the DGN fishery does not exceed the PBR and to allow the provision
of incidental take coverage under the ESA and MMPA for fishermen in the
fishery. NMFS
[[Page 54549]]
currently has regulations addressing interactions with several species
of marine mammals in the DGN fishery. The Pacific Offshore Cetacean
Take Reduction Plan (Plan) at 50 CFR 229.31 includes measures (e.g.,
pingers, net extenders) to reduce serious injury and mortality of
marine mammals in the fishery. NMFS reconvened the Pacific Offshore
Take Reduction Team (Team) to recommend measures for the 2013-2014
fishing season that reduce risks to sperm whales, in light of their
potential biological removal level and the fishery's 2010 takes, such
that the negligible impact determination conditions of MMPA
101(a)(5)(E) could be met. The measures in this rule emerged from the
two Team meetings that NMFS convened on July 31, 2013, and August 7,
2013 for the purpose of developing recommendations for reducing sperm
whale mortality/serious injury in the DGN fishery to below PBR. NMFS
intends to convene the Team later this year or in early 2014 to develop
long-term measures for reducing sperm whale (and other strategic
stocks, as appropriate) mortality and serious injury in the fishery.
NMFS would then amend the Plan's regulations pursuant to Section 118 of
the MMPA, and advise the Council should an amendment to the FMP be
required.
Management Measures Established by This Temporary Rule
Consistent with ESA, MMPA, and MSA requirements, this rule will
establish a fixed cap of one serious injury or mortality for sperm
whales in the DGN fishery as determined by NMFS. If the cap is met, the
DGN fishery will be closed for the remainder of the season (i.e., until
January 31, 2014) consistent with this action being a short-term
measure. The rule will also establish a ``100 percent observer-coverage
zone'' (Zone) for the 2013-2014 DGN fishing season that is closed to
DGN fishing unless the fishing vessel is carrying a NMFS-trained
observer. This Zone is specifically defined by latitude and longitude
coordinates set out at Sec. 660.713 (f). The Zone covers nearly all
areas of the U.S. EEZ that are deeper than the 1,100 fm (2,012 m) depth
contour; however, the boundary lines that define the Zone close some
areas that are deeper or shallower than the 1,100 fm depth contour. The
Zone runs both north and south of Point Conception from the Oregon-
California border to the Mexico-California border, generally along the
1,100 fm (2,012 m) depth contour, with the exception of an area seaward
of the Santa Lucia Escarpment, and any canyons/basins shoreward of the
main north-south 1,100 fm (2,012 m) depth contour (regardless of depth)
to facilitate monitoring and enforcement. Vessels that are not carrying
a NMFS-trained observer may not conduct DGN fishing in the Zone.
Vessels not carrying observers will need to take precautions in setting
and retrieving nets when fishing proximate to the Zone to ensure
vessels remain shoreward of the boundary. This restriction is being
implemented because NMFS long term survey data indicate that on average
90 percent of research vessel sightings of sperm whales in the
California Current occurred in waters deeper than 2,000 m.
Additionally, observer records indicate that only one interaction
between the DGN fishery and sperm whales occurred in waters shallower
than 1,100 fm since 1990; and this interaction was adjacent to the
1,100 fm depth contour.
Implementation
Vessel Monitoring System
Owners/operators of vessels intending to fish with large-mesh DGN
gear will be required to have installed, activate, carry and operate
vessel monitoring system (VMS) units that are type-approved by NMFS
during the period of the DGN emergency rule. Owners and operators of
vessels in the DGN fishery must: (1) Obtain a NOAA Office of Law
Enforcement (OLE) type-approved mobile transceiver unit and have it
installed on board the DGN fishing vessel in accordance with the
instructions provided by NOAA OLE. You may obtain VMS installation and
operation instructions from the NOAA OLE Northwest Division by calling
888-585-5518; and (2) activate the mobile transceiver unit, submit an
activation report at least 72 hours prior to leaving port on a DGN
fishing trip, and receive confirmation from NOAA OLE that the VMS
transmissions are being received before participating in the DGN
fishery. Instructions for submitting an activation report may be
obtained from the NOAA, OLE Northwest Division office by calling 888-
585-5518. An activation report must be submitted to NOAA OLE following
reinstallation of a mobile transceiver unit or change in service
provider before the vessel may be used to fish in a fishery requiring
the VMS.
Activation Reports
If you are a vessel owner who must use VMS and are activating a VMS
transceiver unit for the first time or reactivating a VMS transceiver
unit following a reinstallation of a mobile transceiver unit or change
in service provider, you must fax NOAA OLE (206-526-6528) an activation
report that includes: Vessel name; vessel owner's name, address and
telephone number, vessel operator's name, address and telephone number,
USCG vessel documentation number/state registration number; if
applicable, the permit number the vessel is registered to; VMS
transceiver unit manufacturer; VMS communications service provider; VMS
transceiver identification; identification of the unit as primary or
backup; and a statement signed and dated by the vessel owner confirming
compliance with the installation procedures provided by NOAA OLE.
Transferring Ownership of VMS Unit
Ownership of the VMS transceiver unit may be transferred from one
vessel owner to another vessel owner if all of the following documents
are provided to NOAA OLE: A new activation report, which identifies
that the transceiver unit was previously registered to another vessel;
a notarized bill of sale showing proof of ownership of the VMS
transceiver unit; and documentation from the communications service
provider showing proof that the service agreement for the previous
vessel was terminated and that a service agreement was established for
the new vessel.
Transceiver Unit Operation
Operate and maintain the mobile transceiver unit in good working
order continuously, 24 hours a day throughout the duration of the
emergency rule. The mobile transceiver unit must transmit a signal
accurately indicating the vessel's position at least once every hour,
24 hours a day, throughout the duration of the emergency rule. Once a
vessel remains in port for seven days or more, position reporting is
required at least once every four hours; however, the mobile
transceiver unit must remain in continuous operation at all times. Once
the vessel leaves port, the position reporting frequency must resume to
at least once every hour, 24 hours a day.
When aware that transmission of automatic position reports has been
interrupted, or when notified by NOAA OLE that automatic position
reports are not being received, contact NOAA OLE by calling 888-585-
5518 and follow the instructions provided. Such instructions may
include manually communicating the vessel's position to NOAA OLE or
returning to port until the VMS is operable.
After a fishing trip during which interruption of automatic
position reports has occurred, replace or repair the mobile transceiver
unit prior to the vessel's next fishing trip. Repair or
[[Page 54550]]
reinstallation of a mobile transceiver unit or installation of a
replacement, including change of communications service provider, shall
be in accordance with the instructions provided by NOAA OLE and require
the same certification. Make the mobile transceiver units available for
inspection by NOAA OLE personnel, USCG personnel, state enforcement
personnel or any authorized officer. Ensure that the mobile transceiver
unit is not tampered with, disabled, destroyed, operated, or maintained
improperly. Pay all charges levied by the communication service
provider as necessary to ensure continuous operation of the VMS
transceiver units.
Declaration Reporting Requirements
The operator of any vessel fishing with large mesh DGN gear (mesh
size >=14 inches) for thresher shark/swordfish must provide NOAA OLE
with a declaration report before the vessel leaves port on a trip in
which the vessel is used to fish in U.S. ocean waters between 0 and 200
nm offshore of California. Gear code declarations are made by calling
NOAA OLE NW Division at 888-585-5518.
The operator of a vessel fishing with DGN gear must provide a
declaration report to NOAA OLE prior to leaving port on the first trip
in which the vessel meets the requirement to install, activate, carry
and operate a vessel monitoring system (VMS) unit. The vessel operator
must send a new declaration report before leaving port on a trip in
which a gear type that is different from the gear type most recently
declared for the vessel will be used. A declaration report will be
valid until another declaration report revising the existing gear
declaration is received by NOAA OLE. During the period of time that a
vessel has a valid declaration report on file with NOAA OLE, it cannot
fish with a gear other than a gear type declared by the vessel.
Declaration reports will include the vessel name and/or identification
number, gear type to be used, and whether or not an observer will be
present on the fishing trip. Upon receipt of a declaration report, NMFS
will provide a confirmation code to confirm that a valid declaration
report was received for the vessel. Vessel owners or operators must
retain the confirmation code to verify that a valid declaration report
was filed and the declaration requirement was met.
Vessels fishing with DGN gear may declare more than one gear type.
If a vessel fishing with DGN gear has an observer on board, the vessel
may fish with declared gear types seaward of the eastern boundary of
the Zone (generally, in areas seaward of the 1,100 fm (2,012 m) depth
contour). However, if a vessel fishing with DGN gear does not have an
observer on board, the vessel may only fish with declared gear types
shoreward of the eastern boundary of the Zone (generally, in areas
shoreward of the 1,100 fm (2,012 m) depth contour. The following gear
type declaration codes are available for the thresher shark/swordfish
DGN fishery: Open access highly migratory species line gear (Gear Code
66 for Tuna); and other gear (Gear Code 69 for DGN or harpoon).
Pre-Trip Notification
This rule establishes a pre-trip notification requirement for all
DGN fishing trips. This requirement will assist the observer provider
in deploying observers to cover 100 percent of fishing effort in the
Zone and ensure representative observer coverage of the DGN fleet
outside of the Zone. DGN vessel owners/operators will be required to
notify the NMFS-designated observer provider at least 48 hours prior to
departing on all fishing trips. Vessel owners/operators must provide
their name, contact information, vessel name, port of departure, and
estimated date and time of departure to the observer provider. Upon
receipt of a pre-trip notification, the observer provider will notify
the DGN vessel owner/operator whether their fishing trip has been
selected for observer coverage. Frank Orth & Associates is the NMFS-
designated observer provider. Frank Orth & Associates will receive pre-
trip notifications at (800) 522-7622 or (562) 427-1822. Pre-trip
notifications must be made between 8:00 a.m. and 5:00 p.m. Pacific
time, Monday through Friday.
Fishery Closure Procedures
In the event of a serious injury or mortality to a sperm whale, as
determined by NMFS, during DGN fishing operations, the fishery will be
closed through January 31, 2014. NMFS will notify vessel owners/
operators of a DGN fishery closure by VMS communication to the fleet
stating when nets may no longer be deployed. Notification will also be
made in the Federal Register, by postal mail, and a posting on the NMFS
regional Web site.
NMFS publishes this emergency action for implementing these short-
term management measures for 180 days, the maximum allowed without an
extension, under MSA. NMFS does not expect the Zone to adversely impact
the DGN fleet, because vessels without observers have flexibility to
fish shoreward of the eastern boundary of the Zone (roughly, the 1,100
fm (2,012 m) depth contour) to make up for lost fishing opportunities
inside the Zone should an observer be unavailable.
NMFS' policy guidelines for the use of emergency rules (62 FR
44421; August 21, 1997) specify the following three criteria that
define what an emergency situation is, and justification for final
rulemaking: (1) The emergency results from recent, unforeseen events or
recently discovered circumstances; (2) the emergency presents serious
conservation or management problems in the fishery; and (3) the
emergency can be addressed through emergency regulations for which the
immediate benefits outweigh the value of advance notice, public
comment, and deliberative consideration of the impacts on participants
to the same extent as would be expected under the normal rulemaking
process. NMFS' policy guidelines further provide that emergency action
is justified for certain situations where it would prevent significant
direct economic loss, or to preserve a significant economic opportunity
that otherwise might be foregone. NMFS has determined that the issue of
setting a cap of one serious injury/mortality for sperm whales, the
exclusion of DGN fishing in the Zone without observers, and the VMS
requirement meets the three criteria for emergency action for the
reasons outlined below.
The emergency results from recent, unforeseen events or recently
discovered circumstances. NMFS' decision to not issue an MMPA
101(a)(5)(E) permit for sperm whales in the DGN fishery in its current
configuration and close to the August 15 start date of the fishery in
nearshore waters presents an unforeseen event and therefore warrants
emergency action. The agency was poised to issue the permit prior to
requesting public comments and then revised its anticipated course
during the decision-making process based on new information that
indicated that take of sperm whales in the fishery exceeded PBR.
This situation also presents serious conservation and management
problems in the fishery. Serious injury or mortality of sperm whales at
a level above PBR poses problems to the marine environment. Without
issuance of a MMPA 101(a)(5)(E) permit, fishermen that incidentally
seriously injure or kill any sperm whales during DGN fishing operations
would not have incidental take coverage exempting the fishermen from
take prohibitions under the ESA, predicated on MMPA requirements. This
emergency action essentially establishes short-term measures for the
[[Page 54551]]
fishery, with the provision that one sperm whale interaction resulting
from DGN fishing operations that has been determined by NMFS to be one
serious injury or mortality would immediately close the fishery through
January 31, 2014. Sperm whale interactions with the DGN fleet are rare,
with sperm whale bycatch observed six times (10 animals) in over 8,300
net sets since 1990. According to NMFS' Southwest Fisheries Science
Center (SWFSC) scientists, published data, and recorded depths of
observed takes in the DGN fishery, sperm whales are more likely to
occur in waters deeper than 1,100 fm (2,012 m). This emergency action
would require 100 percent observer coverage of DGN vessels fishing in
the Zone (generally, seaward of the 1,100 fm (2,012 m) depth contour
running both north and south of Point Conception) and therefore, would
increase the likelihood of observing any sperm whale interactions and
determining the resulting condition of the animal.
The emergency can be addressed through emergency regulations for
which the immediate benefits outweigh the value of advance notice,
public comment, and deliberative consideration of the impacts on
participants to the same extent as would be expected under the normal
rulemaking process. The Team has the authority to develop management
recommendations to NMFS to address sperm whale interactions, but this
process would not promptly address sperm whale protection for the
upcoming fishing season. There is no other action that NMFS can take
through the normal rulemaking process that would enable the agency to
implement the short-term management measures in time to reduce the risk
of sperm whale mortality/serious injury in the DGN fishery to below PBR
for the current DGN fishing season. An emergency action enables NMFS to
monitor effort for the current fishing season in areas where sperm
whales are most likely to occur. Therefore, the urgency to protect
sperm whales through a final rule outweighs the value of providing
prior public comment.
Classification
The Assistant Administrator for Fisheries, NOAA, (AA) has
determined that this emergency action to promulgate temporary
regulations under the authority of section 305(c) of the MSA is
necessary to respond to efforts for reducing serious injury/mortality
to sperm whales in the DGN fishery and is consistent with the MSA, ESA,
MMPA, and other applicable laws. The rule may be extended for a period
of not more than 186 days as provided under section 305(c)(3)(B) of the
MSA.
Pursuant to 5 U.S.C. 553(b)(B), the AA finds good cause to waive
prior notice and opportunity for advanced public comment. Prior notice
and opportunity for advanced public comment would be contrary to the
public interest, as delaying action intended to reduce serious injury/
mortality to sperm whales in the DGN fishery would increase the
likelihood of exceeding PBR for the California-Oregon-Washington stock
of sperm whales as established under the MMPA.
The AA finds good cause under 5 U.S.C. 553(b)(B) that it is
contrary to the public interest and impracticable to provide for prior
notice and opportunity for the public to comment. As more fully
explained above, the reasons justifying promulgation of this rule on an
emergency basis make solicitation of public comment contrary to the
public interest.
Closing the exclusive economic zone off California to fishing in
waters seaward of the 1,100 fm (2,012 m) depth contour to unobserved
DGN vessels and setting a limit of one serious injury/mortality to
sperm whales interacting with DGN gear provides for sperm whale
protections. NMFS' long term research vessel sightings of sperm whales
in the California Current indicate that 90 percent of sightings
occurred in waters deeper than 1,100 fm (2,012 m). Further, NMFS'
analyses of DGN observer data indicate that an average of approximately
13 percent of total annual DGN fishing occurred in the Zone in years
2009 through 2011. NMFS' SWFSC scientists have suggested that reducing
spatial overlap of fishing effort and sperm whale habitat may be an
effective means to reduce the risk of sperm whale bycatch. There is no
action that NMFS can take through the normal rulemaking process that
would enable NMFS to implement the requirement for observer monitoring
of DGN vessels in the Zone and the cap of one sperm whale serious
injury/mortality for the DGN fishery to reduce the bycatch risk of this
species. This emergency action enables NMFS to keep the fishery
operating while avoiding unnecessary adverse biological and economic
impacts. Therefore, the urgency to protect sperm whales through a final
rule outweighs the value of providing prior public comment. Although
this action is being implemented without notice and request for
advanced public comment, NMFS is seeking public comment on this rule
for purposes of assessing the need to extend the rule or to identify
other possible measures for long-term management.
For these same reasons stated above, pursuant to 5 U.S.C.
553(d)(3), the AA finds good cause to waive the full 30-day delay in
effectiveness for this rule. It would be contrary to the public
interest if this rule does not become effective immediately, because
the DGN fishery prohibition to fish beyond of 75 nautical miles of
shore is no longer in effect from August 15 through the following
January 31 which coincides with swordfish becoming more prevalent in
the California Current. Without this emergency rule, NMFS would not
provide100 percent observer coverage in an area (the Zone) with higher
concentrations of sperm whales and close the fishery in the event that
there is one serious injury or mortality to a sperm whale in the DGN
fishery. These measures are needed to provide adequate protections for
sperm whales during the 2013-2014 DGN fishing season. For these
reasons, there is good cause to waive the requirement for delayed
effectiveness.
Because notice and opportunity for comment are not required
pursuant to 5 U.S.C. 553 or any other law, the analytical requirements
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are
inapplicable. Therefore, a regulatory flexibility analysis is not
required and has not been prepared.
This rule has been determined to be not significant for purposes of
Executive Order 12866. A Regulatory Impact Review was completed and is
available upon request from the NMFS, Southwest Region (see ADDRESSES).
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: August 28, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is amended
as follows:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 660.713, paragraph (f) is added to read as follows:
Sec. 660.713 Drift gillnet fishery.
* * * * *
[[Page 54552]]
(f) Sperm whale take mitigation measures. (1) Drift gillnet (mesh
size >=14 inches) fishing without a NMFS-trained observer is prohibited
in the portion of the California EEZ bounded by lines connecting, in
order, the following points:
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Point North lat. West long.
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A.............................. 42[deg]0'0''................. 125[deg]10'12'.. Oregon Border at 1100 fm.
B.............................. 40[deg]22'12''............... 124[deg]45'0''.. ......................................................................
C.............................. 40[deg]22'12''............... 125[deg]45'0''.. ......................................................................
D.............................. 38[deg]21'0''................ 123[deg]52'12''. ......................................................................
E.............................. 37[deg]29'24''............... 123[deg]18'0''.. ......................................................................
F.............................. 37[deg]29'24''............... 123[deg]30'36''. ......................................................................
G.............................. 37[deg]0'0''................. 123[deg]30'0''.. ......................................................................
H.............................. 36[deg]36'0''................ 122[deg]27'0''.. ......................................................................
I.............................. 36[deg]16'12''............... 122[deg]31'12''. ......................................................................
J.............................. 35[deg]52'30''............... 122[deg]16'48''. ......................................................................
K.............................. 35[deg]0'0''................. 121[deg]45'0''.. ......................................................................
L.............................. 34[deg]54'0''................ 122[deg]0'0''... ......................................................................
M.............................. 34[deg]0'0''................. 122[deg]0'0''... ......................................................................
N.............................. 34[deg]0'0''................. 121[deg]9'0''... ......................................................................
O.............................. 32[deg]21'0''................ 120[deg]0'0''... ......................................................................
P.............................. 31[deg]6'0''................. 118[deg]45'0''.. ......................................................................
Q.............................. 30[deg]32'31''............... 121[deg]52'1''.. SW corner of CA EEZ.
R.............................. EEZ Western Edge............. ................ 200nm buffer from the U.S. Pacific Coast Shoreline.
S.............................. 42[deg]0'0''................. 129[deg]0'0''... NW border of OR EEZ.
A.............................. 42[deg]0'0''................. 125[deg]10'12'.. Finish back at Point A.
--------------------------------------------------------------------------------------------------------------------------------------------------------
(2) As soon as practicable following determination by the Regional
Administrator that one serious injury to, or mortality of, a sperm
whale has resulted from drift gillnet fishing during the period of this
emergency rule, the Regional Administrator will contact the fleet via
VMS communication and provide the effective date and time that all
fishing by vessels registered for use under a drift gillnet permit are
prohibited from swordfish fishing until January 31, 2014. Coincidental
with the VMS communication, the Regional Administrator will also file a
closure notice with the Office of the Federal Register for publication;
notify all permit holders by postal mail, and a post a notice on the
NMFS regional website.
(3) Drift gillnet vessel owners/operators are required to notify
the NMFS-designated observer provider at least 48 hours prior to
departing on all fishing trips. Vessel owners/operators must provide to
the observer provider their name, contact information, vessel name,
port of departure, and estimated date and time of departure, and a
telephone number at which the owner or operator may be contacted during
the business day (8 a.m. to 5 p.m.) to indicate whether an observer
will be required on the subject fishing trip.
(4) Drift gillnet vessel owners/operators must provide NOAA OLE
with a declaration report before the vessel leaves port on a trip in
which the vessel will be used to fish swordfish with drift gillnet gear
in U.S. ocean waters between 0 and 200 nm offshore of California.
(5) Drift gillnet vessel owners are required to install a NMFS OLE
type-approved mobile transceiver unit and to arrange for a NMFS OLE
type-approved communications service provider to receive and relay
transmissions to NMFS OLE prior to swordfish fishing during the period
of this emergency rule. Vessel owners/operators shall perform the same
requirements consistent with 50 CFR 660.14.
[FR Doc. 2013-21487 Filed 9-3-13; 8:45 am]
BILLING CODE 3510-22-P