[Federal Register Volume 63, Number 108 (Friday, June 5, 1998)]
[Notices]
[Pages 30720-30722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14947]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration


Gear Marking and Call-in Requirements for Atlantic Large Whale 
Take Reduction Plan

ACTION: Proposed collection; comment request.

-----------------------------------------------------------------------

[[Page 30721]]

SUMMARY: The Department of Commerce, as part of its continuing effort 
to reduce paperwork and respondent burden, invites the general public 
and other Federal agencies to comment on proposed information 
collections, as required by the Paperwork Reduction Act of 1995, Public 
Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

DATES: Written comments must be submitted on or before August 4, 1998.

ADDRESSES: Direct all written comments to Linda Engelmeier, 
Departmental Forms Clearance Officer, Department of Commerce, Room 
5327, 14th and Constitution Avenue, NW, Washington DC 20230.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
copies of the information collection instructions should be directed to 
Kevin Chu, National Marine Fisheries Service, 166 Water St., Woods 
Hole, MA 02543, (508) 495-2367.

SUPPLEMENTARY INFORMATION:

I. Abstract

    Two collections of information are proposed. First, persons setting 
lobster or gillnet gear in some areas of the Atlantic Ocean would be 
required to paint or otherwise mark their gear with two color codes, 
one color designating the type of gear, the other designating the area 
where the gear is set. These marking requirements would apply in right 
whale critical habitats and in areas described below as the Southeast 
Observer Area and as the Stellwagen Bank/Jeffreys Ledge Restricted 
Area. The goals of this collection of information are to obtain more 
information on where large whales are being entangled and on what kind 
of gear is responsible for the entanglement.
    Second, from November 15 to March 31, persons netting for sharks in 
Atlantic waters off Florida and Georgia would be required to call NMFS 
48 hours prior to departure to arrange for an observer. The purpose of 
this collection of information is to allow NMFS to coordinate fisheries 
observer coverage of the fishery. Observer coverage is required not 
only by the Atlantic Large Whale Take Reduction Plan, but also by a 
Biological Opinion conducted under Section 7 of the Endangered Species 
Act. Placement of observers on these vessels would not only allow NMFS 
to quantify the level of takes of protected species associated with 
this fishery, but would ensure that disentanglement efforts will be 
immediately initiated if any northern right whales, a critically 
endangered species, are netted incidental to these fishing activities.

Method of Collection

    A. Gear Marking: The gear marking requirement would apply to 
lobster pot gear and gillnet gear set in specified areas. The specified 
areas are: Southeast U.S. (SEUS) Observer Area, Great South Channel 
Critical Habitat for right whales, Cape Cod Bay Critical Habitat for 
right whales, and the Stellwagen Bank/Jeffreys Ledge Restricted Area. 
The SEUS Observer Area consists of the area from 32 deg.00' N lat. 
(near Savannah, GA) south to 26 deg.46.5' N lat. (near Sebastian Inlet, 
FL), extending from the shore eastward to 80 deg.00' W long. The 
Stellwagen Bank/Jeffreys Ledge Restricted Area means all Federal waters 
in the Gulf of Maine, except those designated as the Cape Cod Bay 
Critical Habitat, that lie south of the 43 deg.15'N lat. line and west 
of the 70 deg.00'W long. line. The Great South Channel Critical Habitat 
and the Cape Cod Bay Critical Habitat are as specified under 50 CFR 
216.13(a) and (b).
    Starting November 15, 1998, any person who owns or fishes with 
lobster pot gear or gillnet gear in the specified areas would be 
required to mark that gear in accordance with a color code.
    All lobster and gillnet gear in specified areas must be marked with 
two color codes, one designating the gear type, the other indicating 
the area where the gear is set. Each of the color codes must be 
permanently marked on or along the buoy lines. After November 15, 1999, 
gillnets in the Southeast Observer Area (including strike nets) also 
would need to be marked along both the float line and the lead line at 
least once every 100 feet (30.8 m) with the same color code.
    Each color mark would have to be clearly visible when the gear is 
hauled or removed from the water. Each mark would be at least 4 inches 
(10.2 cm) long. The two color marks would be placed within 6 inches 
(15.2 cm) of each other. If the color of the rope is the same or 
similar to a color code, a white mark may be substituted for that color 
code. In marking or affixing the color code or associated neutral band, 
the line may be dyed, painted, or marked with thin colored whipping 
line, thin colored plastic or heat shrink tubing, or other material, or 
thin line may be woven into or through the line.
    Burden hours for both the gillnet and lobster fleets from the gear 
marking requirements were estimated assuming that persons would use 
paint to mark their lines. Public comments have indicated that painting 
would be the least time-consuming way of applying marks. However, other 
methods may also be used, including ``whipping'', to mark lines. If 
whipping is used, the time required to mark the lines would be 
considerably greater than painting. Comments are requested on the 
assumption that marks would be painted.
    B. Observer requirement. No person would be allowed to fish with 
drift or strikenet gear in the SEUS observer area from November 15 
through March 31 unless the operator of the vessel calls the SE 
Regional Office in St. Petersburg, FL, not less than 48 hours prior to 
departing on any fishing trip in order to arrange for observer 
coverage. If the Regional Office requests that an observer be taken on 
board a vessel during a fishing trip at any time from November 15 
through March 31 of the following year, no person would be allowed to 
fish with drift or strikenet gear aboard that vessel in the SEUS 
observer area unless an observer is on board that vessel during the 
trip.

III. Data

    OMB Number: None.
    Form Number: None.
    Type of Review: Regular submission.
    Affected Public: Business and other for-profit (persons 
participating in the lobster and gillnet fisheries in specified areas).
    Estimated Number of Respondents: The gear marking requirements are 
expected to affect 1100 lobster fishermen and 160 gillnet fishermen. 
The call-in requirement in the SEUS Observer Area is expected to affect 
30 shark gillnet fishermen.
    Estimated Time Per Response: The estimated time per response for 
the gear marking requirement is 3.0 hours per lobster vessel and 1.5 
hours per gillnet vessel.
    The estimated time per response for the call-in procedure in the 
SEUS Observer Area is 10 minutes per call.
    Estimated Total Annual Burden Hours: 3,560 (3300 hours for the 
lobster fleet based on 3 hours per vessel  x  1100 vessels; 240 hours 
for the gillnet fleet based on 1.5 hours per vessel  x  160 vessels; 
and 20 hours for the call-in requirement in the SEUS Observer Area 
based on 30 fishers  x  4 calls/fisher  x  10 minutes/call).
    Estimated Total Annual Cost to Public: $24,460 ($24,100 to paint 
marks on the affected gear assuming $0.06 per mark, and $360 for the 
call-in requirement assuming $3.00 per phone call).

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information

[[Page 30722]]

is necessary for the proper performance of the functions of the agency, 
including whether the information shall have practical utility; (b) the 
accuracy of the agency's estimate of the burden (including hours and 
cost) of the proposed collection of information; (c) ways to enhance 
the quality, utility, and clarity of the information to be collected; 
and (d) ways to minimize the burden of the collection of information on 
respondents, including through the use of automated collection 
techniques or other forms of information technology.
    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval of this information 
collection; they also will become a matter of public record.

    Dated: June 1, 1998.
Linda Engelmeier,
Departmental Forms Clearance Officer, Office of Management and 
Organization.
[FR Doc. 98-14947 Filed 6-4-98; 8:45 am]
BILLING CODE 3510-22-P