[Federal Register Volume 66, Number 191 (Tuesday, October 2, 2001)]
[Proposed Rules]
[Pages 50160-50163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24541]



[[Page 50160]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 229

[Docket No. 0011283341232-02; I.D. 091401B]
RIN 0648-AN88


Taking of Marine Mammals Incidental to Commercial Fishing 
Operations; Atlantic Large Whale Take Reduction Plan Regulations

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to amend the regulations that implement the 
Atlantic Large Whale Take Reduction Plan (ALWTRP) to clarify its 
authority to temporarily restrict the use of lobster and gillnet 
fishing gear within defined areas to protect North Atlantic right 
whales, and to establish criteria and procedures for implementing such 
restrictions north of 40 deg. N. latitude, in order to further reduce 
risk of entanglement of right whales by such gear.

DATES: Comments on the proposed rule must be received by 5 p.m. EST on 
November 1, 2001.

ADDRESSES: Send comments on this proposed rule to the Assistant 
Regional Administrator for Protected Resources, Protected Resources 
Division, NMFS, Northeast Region, 1 Blackburn Dr., Gloucester, MA 
01930. Comments will not be accepted if sent via e-mail or Internet. 
Copies of the Environmental Assessment/Regulatory Impact Review for 
this action can be obtained from the ALWTRP website listed under the 
Electronic Access portion of this document. Atlantic Large Whale Take 
Reduction Team (ALWTRT) meeting summaries, and progress reports on 
implementation of the ALWTRP may be obtained by writing Gregg 
LaMontagne, NMFS, Northeast Region, 1 Blackburn Dr., Gloucester, MA 
01930 or Katherine Wang, NMFS, Southeast Region, 9721 Executive Center 
Dr., St.Petersburg, FL 33702-2432. For additional addresses and web 
sites for document availability see SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Gregg LaMontagne, NMFS, Northeast 
Region, 978-281-9291; Katherine Wang, NMFS, Southeast Region, 727-570-
5312; or Patricia Lawson, 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.nmfs.gov/whaletrp/. Copies of the most recent marine 
mammal stock assessment reports may be obtained by writing to Richard 
Merrick, NMFS, 166 Water St., Woods Hole, MA 02543 or can be downloaded 
from the Internet at http://www.wh.whoi.edu/psb/sar2000.pdf. In 
addition, copies of the document entitled ``Defining Triggers for 
Temporary Area Closures to Protect Right Whales from Entanglements: 
Issues and Options'' are available by writing to Gregg LaMontagne, 
NMFS, Northeast Region, 1 Blackburn Dr., Gloucester, MA 01930 or can be 
downloaded from the Internet at http://www.nero.nmfs.gov/whaletrp/.

Background

    The ALWTRP was developed pursuant to section 118 of the Marine 
Mammal Protection Act (MMPA) to reduce the level of serious injury and 
mortality of four species of large whales (fin, humpback, minke, and 
North Atlantic right) in East Coast lobster trap and finfish gillnet 
fisheries. The background for the take reduction planning process and 
development of the ALWTRP is provided in the preambles to the proposed 
(62 FR 16519, April 7, 1997), the interim final (62 FR 39157, July 22, 
1997), final (64 FR 7529, February 16, 1999), and interim final (65 FR 
80368, December 21, 2000) rules implementing the ALWTRP. Copies of 
these documents and supporting Environmental Assessments are available 
from the NMFS, Northeast Region (see ADDRESSES).
    The ALWTRP is a multi-faceted plan that includes area closures, 
gear requirements in areas open to fixed gear fishing, gear research to 
develop new modifications to current practices and/or fishing 
techniques, a right whale Sighting Advisory System, and a 
disentanglement program to free whales caught in fishing gear.
    The ALWTRP (50 CFR 229.32) uses time/area closures to protect right 
whales in critical habitat areas. However, recent surveys have shown 
that right whales also aggregate outside of critical habitat areas, and 
outside of those areas otherwise periodically closed to fishing. To 
protect right whales found in concentrations outside of the existing 
critical habitat areas and areas periodically closed to certain 
fisheries, NMFS proposes to clarify and use its authority under 50 CFR 
Sec.  229.32 to temporarily restrict the use of lobster traps and/or 
gillnet gear in areas where right whales aggregate.
    NMFS re-convened the ALWTRT twice, once in April and once in May 
2000, to develop the details of a Dynamic Area Management (DAM) process 
to temporarily require or remove restrictions in areas quickly due to 
the unexpected presence or absence of right whales. At these meetings, 
the ALWTRT discussed and developed several models for ``triggering'' a 
DAM zone based on whale density in a given area. However, the ALWTRT 
did not produce consensus recommendations on any one set of whale 
density criteria and/or triggering levels. It recommended that NMFS 
take into account ALWTRT discussions in developing this proposed rule.
    This proposed rule would clarify NMFS' authority under Sec.  229.32 
to implement DAM zones, and establish criteria and procedures to 
implement them.
    The Northeast Fisheries Science Center (NEFSC) analyzed historic 
sighting and survey data, considered the ALWTRT discussions, and 
developed criteria based on the analysis and discussions. NEFSC's 
findings are contained in a document entitled ``Defining Triggers for 
Temporary Area Closures to Protect Right Whales from Entanglements: 
Issues and Options'' (see ADDRESSES for copies). NMFS proposes to use 
the whale density threshold and other criteria described in the above 
mentioned paper to implement DAM zones under Sec.  229.32.
    A DAM zone would be triggered by a single reliable report from a 
qualified individual of 3 or more right whales within an area (75 
nautical mils (nm\2\) (139 km\2\)) such that right whale density is 
equal to or greater than 0.04 right whales per nm2 (1.85 km\2\). 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 based upon which a DAM zone would be triggered. Areas for 
consideration for DAM are limited to areas north of 40 deg. N latitude, 
given animals south of this area have not been observed feeding or

[[Page 50161]]

otherwise grouped together for extended periods of time.
    Analyses of historical sighting data indicate that this criterion, 
of at least 3 whales in an area with a density greater than or equal to 
0.04 right whales per nm2 (1.85 km2), provides for a level of density 
where whales are likely to maintain residency in an area for at least 
10 to 20 days. Residency indicates that whales may be actively feeding 
and, therefore, more vulnerable to entanglement. Operationally, NMFS 
would use the following procedures and criteria to establish a DAM 
zone:
    1. A circle with a radius of at least 3 nm (5.6 km) would be drawn 
around each individual sighting (event). This radius would be adjusted 
for the number of right whales seen in the sighting such that the 
density of 4 right whales per 100 nm2 (185.3 km\2\) is maintained. The 
length of the radius would be determined by taking the inverse of the 4 
right whales per 100 nm2 (185.3 km\2\) density, which is 24 nm2 (44.5 
km\2\) per whale. That figure is equivalent to a radial distance of 
2.77 nm (5.13 km) rounded up to 3 nm (5.6 km) for a single right whale 
sighted (3.91 nm (7.25 km) rounded up to 4 nm (7.41 km) for two whales, 
4.79 nm (8.88 km) rounded up to 5nm (9.27 km) for three whales, etc).
    2. If any circle or group of contiguous circles includes 3 or more 
right whales, this core area and its surrounding waters would be a 
candidate DAM zone.
    Once NMFS identifies a core area containing 3 or more right whales, 
as described here, it would expand this initial core area to provide a 
buffer area in which the right whales could move and still be 
protected. Operationally, NMFS would determine the extent of the DAM 
zone as follows:
    1. A 15 NM (27.8 km) radius from the event epicenter would be used 
to draw a larger circular zone around each core area encompassing a 
concentration of right whales. The event epicenter is the geographic 
center of all sightings on the first day of an event.
    2. The DAM zone would then be defined by latitude and longitude 
lines drawn outside but tangential to the circular buffer zone(s).
    Once a DAM zone is identified, NMFS would determine whether to 
impose, in the zone, restrictions on fishing and/or fishing gear. This 
determination would be based on a variety of 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. If 
NMFS determines restrictions are necessary in the zone, NMFS may 
require removal of all gillnet and lobster trap gear from the zone 
within 2 days of the publication of a notice in the Federal Register. 
NMFS may allow fishing within a DAM zone with specified gear if that 
gear is determined to sufficiently reduce the risk of entanglement to 
right whales. NMFS may identify acceptable fishing practices and gear 
in a Federal Register notice. Gear not in compliance with the imposed 
restriction may not be set in the DAM zone after the effective date of 
the restriction. NMFS will publish a notice in the Federal Register 
announcing the establishment of the zone with restrictions imposed. It 
will also announce them immediately upon filing the notice with the 
office of the Federal Register, which is generally 3 to 5 days before 
publication of the notice in the Federal Register.
    If NMFS decides not to implement restrictions within a DAM zone, it 
would issue an alert to fishermen using appropriate media to inform 
them of the fact that right whale density in a certain area has 
triggered a DAM zone. In addition, NMFS would provide detailed 
information on the location of the DAM zone and the number of animals 
sighted within it. Furthermore, NMFS would request that fishermen 
voluntarily remove lobster trap and gillnet gear from a DAM zone and 
that no additional gear be set inside it.
    NMFS proposes to maintain a DAM zone for a minimum of 15 days from 
the date NMFS issues an alert (in the case of a zone where no 
restrictions are imposed), or 15 day period from the effective date of 
restrictions (in the case where restrictions are imposed). At the 
conclusion of a 15-day period, the DAM zone would automatically expire, 
unless NMFS continues the zone to further protect concentrations of 
right whales. Each extension would be for up to 15 days unless NMFS 
extends the time frame based on additional sightings.
    NMFS may remove restrictions on the DAM zone or rescind an alert 
prior to its automatic expiration if there are survey efforts and no 
confirmed sightings of right whales by qualified individuals for 1 week 
or if other credible evidence indicates that right whales have left the 
designated zone. NMFS would notify the public by issuing a notice in 
the Federal Register and through other appropriate media.
    On May 9, 2001, NMFS used the criteria developed by the NEFSC to 
identify a restricted area for a group of 13 North Atlantic right 
whales in an area commonly called the Wilkinson Basin. This aggregation 
included several cow-calf pairs. A Federal Register notice restricting 
fishing for a 15-day period in the Wilkinson Basin area contained the 
following requirements:
    1. Removal of all gillnet gear within 48 hours of publication of 
the notice in the Federal Register.
    2. Removal of at least 50 percent of vertical lines from all 
lobster gear within 48 hours of publication of the notice in the 
Federal Register.
    The May 2001 closure was an important step toward responding 
quickly to the presence of right whales in areas where gillnet and 
lobster gear may present significant entanglement risks. However, NMFS 
received public comments from fishermen, conservationists, and state 
managers regarding the DAM closure in the Wilkinson Basin and the 
efficacy of DAM in general. For example, representatives from the 
lobster fishery were concerned that, as implemented, the DAM 
restrictions did not give them enough time to remove their gear from 
the water and that the DAM zone covered too vast an area. NMFS will 
publish a notice in the Federal Register establishing the zone and 
restrictions imposed and will announce them immediately upon filing the 
notice with the office of the Federal Register, which is generally 3 to 
5 days before publication in the Federal Register.
    In addition, conservation groups indicated that the requirement to 
remove 50-percent of vertical lines in lobster gear presented 
significant enforcement problems. We agree that enforcement of a 50 
percent removal of vertical lines from lobster gear would be difficult 
and, furthermore, do not believe that it would sufficiently reduce the 
risk to right whales and have therefore proposed a complete removal of 
all lobster gear in DAM zones. Finally, some state managers desired 
more clarification regarding the role of the states when a DAM closure 
is triggered. The states were also interested in determining whether a 
Federal DAM mechanism would preempt a state initiated response to 
unusual or unexpected sightings of right whales within state waters. A 
Federal DAM would preempt a state initiated response to unusual or 
unexpected sightings of right whales within state waters unless the 
state response was equally or more protective than the Federal DAM. 
Based on the scope of the responses received, NMFS has decided to issue 
this proposed rule to clarify its authority to implement future DAM 
closures, and to establish criteria and procedures for implementing DAM 
zones.

[[Page 50162]]

    It is important to note that the agency is also in the process of 
developing proposed rules to implement Seasonal Area Management (SAM) 
and gear modifications to the ALWTRP for lobster trap gear in the 
offshore lobster waters, southern nearshore lobster waters and changes 
to the lobster and gillnet take reduction technology lists. Under SAM, 
restrictions would be placed in areas more predictably used by right 
whales on a seasonal basis. NMFS believes that implementation of SAM 
would reduce the need for use of DAM restricted zones to respond to 
observed concentrations of right whales.

Classification

    NMFS prepared the following initial regulatory flexibility analysis 
that describes the economic impact for this proposed rule, which if 
adopted, would have on small entities:
    This proposed rule would establish criteria and procedures to 
temporarily restrict fishing gear within defined areas on an expedited 
basis to protect concentrations of North Atlantic right whales. The 
objective of this proposed rule, issued pursuant to authority in 
section 118 of the MMPA, is to reduce the level of serious injury to 
and mortality of North Atlantic right whales in East Coast lobster trap 
and finfish gillnet fisheries. Since DAM will be used to respond to 
unusual and unexpected sightings of right whales, it is difficult for 
NMFS to predict exactly where DAM zones may be implemented in the 
future. Therefore, providing an accurate estimate of the number of 
small entities that will be affected is problematic. Based on the 
available data, a maximum of 7,539 state and federally permitted 
lobster vessels and 310 gillnet vessels, which includes federally 
permitted vessels and may include state permitted vessels, could be 
affected by the proposed action. However, NMFS does not expect that 
number of vessels to be affected by any one DAM closure because of the 
limited size of a DAM zone. For example, the retrospective analysis of 
the April-May 2000 DAM Area 1 estimated that 210 lobster vessels and 42 
gillnet vessels would have been affected by the hypothetical closure. 
This proposed rule contains no reporting, recordkeeping, or other 
compliance requirements. There are no relevant Federal rules that 
duplicate, overlap, or conflict with the proposed rule.
    Five alternatives were evaluated including a status quo or ``no 
action'' alternative, the proposed action, and three other 
alternatives. The No Action alternative would leave in place the 
existing regulations promulgated under the ALWTRP, but would not 
clarify NMFS' authority to implement DAM zones and would not identify 
criteria and procedures to implement them. The existing regulations 
already state that the Assistant Administrator (AA) may revise the 
existing regulations through notice in the Federal Register in order to 
close areas, open areas, and change boundaries of a closed area, or for 
a similar purpose (section 229.32(g)(2)). It is difficult to quantify 
the economic impacts of NMFS discretion in using Sec.  229.32(g)(2) to 
implement DAM zones since the trigger used, restricted zone and 
restrictions implemented are all unknown at this time in addition to 
the unknowns of the particular event such as the time and location of 
the restriction and the level of fishing effort at that time and 
location.
    The proposed action (PA) is to amend the regulations implementing 
the ALWTRP to clarify authority for implementing DAM zones, and to 
establish criteria and procedures to temporarily restrict fishing gear 
within defined areas on an expedited basis to protect concentrations of 
North Atlantic right whales. The analysis showed 210 lobster vessels 
fishing in the hypothetical DAM Area 1 in April and May, 2000. The 
total industry cost of removing the gear was estimated at $342K and the 
cost per vessel ranges between $328 and $3,011 with an average of 
$1,600. The economic analysis of DAM Area 1 determined 42 gillnet 
vessels were fishing in DAM Area 1 between April 1 and May 31, 2000, 
according to the Vessel Trip Reporting data. The total industry cost to 
remove sink gillnet gear would have been $7,081, with a cost per vessel 
of $170.
    The third alternative considered having different triggers within 
each respective state jurisdiction as discussed by the ALWTRT. The 
State of Maine proposed the use of a trigger of 8 right whales in a 7.5 
nm2 (13.9 km\2\) area on two consecutive observations that would result 
in a core area of 7.5 nm2 (13.9 km\2\). The Commonwealth of 
Massachusetts proposed the use of a trigger of 5 right whales in a 15 
nm2 (27.8 km\2\) area based on two sightings. The State of Rhode Island 
proposed the use of a trigger of 8 whales. Under Maine's proposal there 
would have been no closures based on sightings data from 2000. Under 
Massachusetts' proposal, there would have been one closure based on 
sightings data from 2000. The total cost of closing this one area in 
2000 to the lobster fleet would have been $16.3K. Total industry costs 
to the sink gillnet fleet for closing one area in 2000 would have been 
$13.7K.
    The fourth alternative would trigger a DAM zone using the 
observation of one right whale on a single day. In addition, a buffer 
of 15 NM (27.8 km) would be drawn around each individual animal 
observed. The economic analysis of 2000 sightings data indicates that 
17 right whales would not be protected by the six closures under the PA 
plan. Total industry costs of the lobster fleet would be $3.5M. This 
includes $0.3M for the 17 right whales not protected under the PA plan, 
plus $3.2M for the PA plan. Total industry costs of the sink gillnet 
fleet would be $2.9M. This includes $0.23M for the 17 right whales not 
protected under the PA plan, plus $2.68M for the PA plan.
    Under the fifth alternative, the trigger and buffer would be the 
same as in the proposed action (i.e., the observation of 4 right whales 
in a 100 nm2 (185.3 km2) area and the buffer would be 15 nm [27.8 km]), 
however, instead of imposing a restriction requiring removal of all 
lobster gear, a 50-percent reduction in vertical lines would be 
required for lobster gear. The restrictions for gillnet gear would be 
the same as in the proposed action, which requires complete removal. 
Based on right whale sightings data in 2000, six areas could 
potentially be closed (Clapham and Pace, 2000). Total industry cost to 
remove one buoy line from six potential closures in 2000 is $0.2M. Area 
costs range from a high of $49.7K in DAM Area 1 to $24.3K in DAM Area 
6. Based on the home port analysis of DAM Area 1, the average cost to 
remove one buoy line is $237 per vessel. The total industry cost for 
sink gillnet vessels is the same as in the PA plan.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.
    On June 14, 2001, under the Endangered Species Act (ESA), NMFS 
issued four Biological Opinions (BiOps) as the result of ESA section 7 
consultations on the three Fishery Management Plans (FMP) for the 
monkfish, spiny dogfish, and multispecies fisheries, and the Federal 
regulations for the lobster fishery. Pursuant to the consultation's 
finding that the FMPs and lobster regulations were likely to jeopardize 
the continued existence of right whales, NMFS defined a Reasonable and 
Prudent Alternative (RPA) with multiple management components to the 
proposed action. Among the RPA elements was a mechanism for the 
expedited closure of areas outside designated right whale critical 
habitat, which NMFS has termed Dynamic Area Management (DAM). The BiOps 
require NMFS to approve a rule

[[Page 50163]]

proposing criteria and procedures for implementing DAM by September 30, 
2001.

References

    ALWTRT. 2001. Draft Atlantic Large Whale Take Reduction Team 
Meeting Summary. Summary prepared by RESOLVE, Inc. and submitted to the 
National Marine Fisheries Service July 16, 2001.
    Bisack, K. 2001. Economic analysis of Wilkinson Basin closure. 
Northeast Fisheries Science Center, 166 Water Street, Woods Hole, MA. 
02543.
    Bisack, K. 2001. (Draft) Economic analysis of dynamic area 
management (DAM). Northeast Fisheries Science Center, 166 Water Street, 
Woods Hole, MA. 02543.
    Clapham, P.J. and R.M. Pace, III. 2001. Defining Triggers for 
Temporary Area Closures to Protect Right Whales from Entanglements: 
Issues and Options. Northeast Fisheries Science Center Reference 
Document 01-06. April 2001.
    National Marine Fisheries Service. 2000. Environmental Assessment 
of the Atlantic Large Whale Take Reduction Plan and Implementing 
Regulations. NMFS. Northeast Region. December 2000.
    National Marine Fisheries Service. 2001. Preliminary estimates of 
the revenue losses to the gillnet and lobster fleet in 1999 due to 
potential dynamic area closures to protect right whales. NMFS. 
Northeast Region. March 2001.
    National Marine Fisheries Service. 2001. Endangered Species Act 
section 7 consultation. Biological opinion regarding Fishery Management 
Plans for monkfish, spiny dogfish, and multispecies and Federal 
regulations for American lobster. June 14, 2001.

    Dated: September 26, 2001.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 229 is 
proposed to be 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.  229.2, a definition of ``Qualified individual'' and 
``Reliable report'' are added to read as follows:


Sec.  229.2  Definitions.

* * * * *
    Qualified individual means an individual ascertained by NMFS to be 
reasonably able, though 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.
* * * * *
    Reliable report means a credible right whale sighting report based 
upon which a DAM zone would be triggered.
* * * * *

    3. In Sec.  229.32, paragraph (g)(3) is added to read as follows:


Sec.  229.32  Atlantic large whale take reduction plan regulations.

* * * * *
    (g)***
    (3) For the purpose of reducing the risk of fishery interactions 
with right whales, NMFS may establish a temporary Dynamic Area 
Management (DAM) zone in the following manner:
    (i) Trigger. Upon receipt of a single reliable report from a 
qualified individual of three or more right whales within an area NMFS 
will plot each individual sighting (event) and draw a circle with a 3 
nm (5.6 km) radius around it, which will be adjusted for the number of 
right whales sighted such that a density of at least 0.04 right whales 
per nm2 (1.85 km2) is maintained within the circle. If any circle or 
group of contiguous circles includes 3 or more right whales, NMFS would 
consider this core area and its surrounding waters a candidate DAM 
zone.
    (ii) DAM zone. Areas for consideration for DAM zones are limited to 
areas north of 40 deg. N latitude. Having identified a group of 3 or 
more right whales as candidates for protection, NMFS will define the 
core zone by the latitude and longitude lines tangential to the 
circular buffer zones drawn with a 15-nm (27.8 km) radius around the 
event epicenter of each core area identified in paragraph (g)(3)(i) of 
this section. The event epicenter is the geographic center of all 
sightings on the first day of an event, or sighting.
    (iii) Requirements and prohibitions within DAM zones. Notice of 
specific area restrictions will be published in the Federal Register 
and will become effective 2 days after publication. Gear not in 
compliance with the imposed restrictions may not be set in the DAM zone 
after the effective date. NMFS may either:
    (A) Require owners of gillnet and lobster gear set within the DAM 
zone to remove all such gear within 2 days after notice is published in 
the Federal Register, or
    (B) Allow fishing within a DAM zone with gear modifications 
determined by NMFS to sufficiently reduce the risk of entanglement to 
right whales. Acceptable fishing practices and gear modifications would 
be identified in the Federal Register notice implementing the DAM zone.
    (C) The determination of whether restrictions will be imposed 
within a DAM zone would be based on NMFS' review of a variety of 
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.
    (iv) Restricted period. Any DAM zone will remain in effect for a 
minimum period of 15 days. At the conclusion of the 15-day period, the 
DAM zone will expire automatically unless it is extended by subsequent 
publication in the Federal Register.
    (v) Extensions of the restricted period. Any 15-day period may be 
extended if NMFS determines that the trigger established in paragraph 
(g)(3)(i) of this section continues to be met.
    (vi) Reopening of restricted zone. NMFS may remove any gear 
restriction or prohibition and reopen the DAM zone prior to its 
automatic expiration if there are no confirmed sightings of right 
whales for at least 1 week, or other credible evidence indicates that 
right whales have left the DAM zone. NMFS will notify the public of the 
reopening of a DAM zone prior to the expiration of the 15 day period by 
issuing a notice in the Federal Register and through other appropriate 
media.
[FR Doc. 01-24541 Filed 9-26-01; 4:44 pm]
BILLING CODE 3510-22-S