[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