[Federal Register Volume 71, Number 235 (Thursday, December 7, 2006)]
[Proposed Rules]
[Pages 70941-70943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20770]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No 061127309-6309-01; I.D. 110706D]
RIN 0648-AU72


Fisheries Off West Coast States; Coastal Pelagic Species 
Fisheries; Reporting Requirements and Conservation Measures

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

ACTION: Proposed rule.

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SUMMARY: NMFS proposes a regulation to implement new reporting and 
conservation measures under the Coastal Pelagic Species (CPS) Fishery 
Management Plan (FMP). These reporting requirements and prohibitive 
measures would require coastal pelagic species (CPS) fishermen/vessel 
operators to employ avoidance measures when southern sea otters are 
present in the area they are fishing and to report any interactions 
that may occur between their vessel and/or fishing gear and sea otters. 
The purpose of this proposed rule is to comply with the terms and 
conditions of an incidental take statement from a biological opinion 
issued by the U.S. Fish and Wildlife Service regarding the 
implementation of Amendment 11 to the CPS FMP.

DATES: Comments must be received by January 8, 2007.

ADDRESSES: You may submit comments on this proposed rule, identified by 
[insert ID] by any of the following methods:
     E-mail: [email protected] Include the I.D. number in 
the subject line of the message.
     Federal e-Rulemaking portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Rodney R. McInnis, Regional Administrator, Southwest 
Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-
4213.
     Fax: (562) 980-4047.
     Written comments regarding the burden-hour estimates or 
other aspects of the collection-of-information

[[Page 70942]]

requirements contained in this proposed rule may be submitted to the 
Southwest Regional Office and by e-mail to [email protected] 
or fax to (202) 395-7285
    Copies of Amendment 11 and its Environmental Assessment/ Regulatory 
Impact Review may be obtained from the Southwest Regional Office (see 
ADDRESSES).

FOR FURTHER INFORMATION CONTACT: Joshua B. Lindsay, Southwest Region, 
NMFS, (562) 980-4034.

SUPPLEMENTARY INFORMATION: This action proposes to implement new 
reporting requirements and conservation measures under the Coastal 
Pelagic Species (CPS) Fishery Management Plan (FMP). The purpose of the 
proposed rule is to comply with the terms and conditions set forth in 
the incidental take statement section of a biological opinion issued by 
the U.S. Fish and Wildlife Service (USFWS) regarding the implementation 
of Amendment 11 and to provide further conservation efforts for the 
threatened southern sea otter. These reporting requirements and 
conservation measures would require all coastal pelagic species (CPS) 
fishermen and vessel operators to employ avoidance measures when sea 
otters are present in the fishing area and to report any interactions 
that may occur between their vessel and/or fishing gear and the otters.
    In accordance with the regulations implementing the Endangered 
Species Act (ESA), the National Marine Fisheries Service (NMFS) 
initiated an ESA section 7 consultation with USFWS regarding the 
possible effects of implementing Amendment 11 to the CPS FMP. The 
purpose of the Amendment was to achieve optimal utilization of the 
resource and equitable allocation of Pacific sardine harvest 
opportunity. On June 16, 2006, USFWS completed a biological opinion on 
Amendment 11 and concluded that it was not likely to jeopardize the 
continued existence of the southern sea otter. The final rule to 
implement Amendment 11 was then published on June 29, 2006 (71 FR 
36999) and changed the framework for annual apportionment of the 
Pacific sardine harvest guideline along the U.S. Pacific coast.
    These new measures and regulations would include:
    1. CPS fishing boat operators and crew would be prohibited from 
deploying their nets if a southern sea otter is observed within the 
area that would be encircled by the purse seine.
    2. If a southern sea otter is entangled in a net, regardless of 
whether the animal is injured or killed, such an occurrence must be 
reported within 24 hours to the Regional Administrator, NMFS Southwest 
Region.
    3. While fishing for CPS, vessel operators must record all 
observations of otter interactions (defined as otters within encircled 
nets or coming into contact with nets or vessels, including but not 
limited to entanglement) with their purse seine net(s) or vessel(s). 
With the exception of an entaglement, which will be initially reported 
as described in 2 above, all other observations must be 
reported within 20 days to the Regional Administrator.
    When contacting NMFS after an interaction, fishermen would be 
required to provide information regarding the location (latitude and 
longitude) of the interaction and a description of the interaction 
itself. If available, location information should also include: Water 
depth, distance from shore, and relation to port or other landmarks. 
Descriptive information of the interaction should include: whether or 
not the otters were seen inside or outside the net, if inside the net, 
had the net been completely encircled, did contact occur with net or 
vessel, the number of otters present, duration of interaction, otter's 
behavior during interaction, and measures taken to avoid interaction.

Classification

    This proposed rule contains a collection-of-information requirement 
subject to review and approval by OMB under the Paperwork Reduction Act 
(PRA). This requirement has been submitted to OMB for approval. Public 
reporting burden for this otter interaction requirement is estimated to 
average 10 minutes per individual per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Public comment is sought regarding: whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information shall 
have practical utility; the accuracy of the burden estimate; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burden of the collection of 
information, including through the use of automated collection 
techniques or other forms of infromation technology. Send comments on 
these or any other aspects of the collection of information to NMFS 
Southwest Region at the ADDRESSES above, and e-mail to [email protected] or fax to (202) 395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.
    These proposed specifications are issued under the authority of, 
and NMFS has preliminarily determined that it is in accordance with, 
the Magnuson-Stevens Fishery Conservation and Management Act, the FMP, 
and the regulations implementing the FMP.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities 
as follows:
    A fishing vessel is considered a ``small'' business by the U.S. 
Small Business Administration (SBA) if its annual receipts are not 
in excess of $3.5 million. Since all of the vessels fishing for CPS 
have annual receipts below $3.5 million they would all be considered 
small businesses under the SBA standards. Therefore this rule will 
not create disproportionate costs between small and large vessels/
businesses.
    Otter interactions as described in this proposed rule are 
extremely rare; therefore the burden to small businesses as a result 
of these new regulations is expected to be minimal. The only 
expected cost to the respondents will be the cost associated with 
contacting NMFS, which may be made through mail, phone, fax, or 
email. NMFS also does not anticipate a drop in profitability based 
on this rule, as the proposed action should not have a substantial 
effect on the methods fishermen use or the areas in which they fish. 
The overlap between the distribution of the southern sea otter and 
CPS fishing grounds is very limited. Where overlap does occur, a 
small portion of Monterey Bay, otter interactions with CPS fishermen 
have been very rare. Due to the limited potential for overlap the 
fishermen's ability to harvest CPS will not be effected.
    NMFS has determined that there will not be a significant 
economic impact to a substantial number of these small entities. 
Therefore, NMFS did not prepare an Initial Regulatory Flexibility 
Analysis.
    As a result, a regulatory flexibility analysis is not required and 
none has been prepared.

[[Page 70943]]

List of Subjects in 50 CFR Part 660

    Administrative practice and procedure, American Samoa, Fisheries, 
Fishing, Guam, Hawaiian Natives, Indians, Northern Mariana Islands, 
Reporting and recordkeeping requirements.

    Dated: December 4, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 660 as follows:

PART 660--FISHERIES OFF WEST COAST STATES AND IN THE WESTERN 
PACIFIC

    1. The authority citation for part 660 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.
    2. In Sec.  660.505, add paragraph (n) to read as follows:


Sec.  660.505  Prohibitions.

* * * * *
    (n) When fishing for CPS, deploy a net if a southern sea otter is 
observed within the area that would be encircled by the purse seine 
net.
    3. Section 660.520 is added to read as follows:


Sec.  660.520  Reporting requirements.

    (a) Otter interaction. (1) If a southern sea otter is entangled in 
a net, regardless of whether the animal is injured or killed, the 
vessel operator must report this interaction within 24 hours to the 
Regional Administrator.
    (2) While fishing for CPS, vessel operators must record all 
observations of otter interactions (defined as otters within encircled 
nets or coming into contact with nets or vessels, including but not 
limited to entanglement) with their purse seine net(s) or vessel(s). 
With the exception of an entanglement, which must be initially reported 
as described in paragraph (a)(1)of this section, all other observations 
must be reported within 20 days to the Regional Administrator.
    (3) When contacting NMFS after an interaction, vessel operators 
must provide the location (latitude and longitude) of the interaction 
and a description of the interaction itself. If available, location 
information should also include water depth, distance from shore, and 
relation to port or other landmarks. Descriptive information of the 
interaction should include: whether or not the otters were seen inside 
or outside the net; if inside the net, had the net been completely 
encircled; whether any otters came in contact with either the net or 
the vessel; the number of otters present; duration of interaction; 
otter's behavior during interaction; measures taken to avoid 
interaction.
    (b) [Reserved]
[FR Doc. E6-20770 Filed 12-6-06; 8:45 am]
BILLING CODE 3510-22-S