[Federal Register Volume 72, Number 103 (Wednesday, May 30, 2007)]
[Rules and Regulations]
[Pages 29891-29893]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10379]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 061127309-7100-02; 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: Final rule.

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SUMMARY: This action implements new reporting and conservation measures 
under the Coastal Pelagic Species (CPS) Fishery Management Plan (FMP). 
The purpose of this action is to prevent interactions between CPS 
fisherman and southern sea otters, as well as establish methods for 
fishermen to report these occurrences when they occur. These reporting 
requirements and conservation measures require 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.

DATES: Effective June 29, 2007, except for Sec.  660.520 which contains 
information collection requirements that have not been approved by OMB. 
NOAA will publish a document in the Federal Register announcing the 
effective date.

ADDRESSES: Copies of Amendment 11 and its Environmental Assessment/
Regulatory Impact Review may be obtained from the Southwest Regional 
Office by contacting Rodney R. McInnis, Regional Administrator, 
Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, 
CA 90802-4213.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
action may be submitted to the Southwest Regional Office and by e-mail 
to [email protected] or fax to (202) 395-7285

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

SUPPLEMENTARY INFORMATION: The CPS FMP, which was implemented by 
publication of the final rule in the Federal Register on December 15, 
1999 (64 FR 69888), regulates commercial fishing for CPS in the 
Exclusive Economic Zone (EEZ) off the West Coast; 3-200 nautical miles 
off the coastlines of Washington, Oregon, and California. This action 
implements new reporting requirements and conservation measures under 
the CPS FMP. Southern sea otters are listed as threatened under the 
Endangered Species Act (ESA) and depleted under the Marine Mammal 
Protection Act (MMPA), providing them strict protection under these 
laws. Known interactions between CPS fishing operations and southern 
sea otters are extremely rare. Data gathered from this action will 
prove valuable in determining whether such interactions are as rare as 
believed or whether stronger measures are necessary to ensure 
protection of this species. This action stems from a biological opinion 
(BO) issued by the U.S. Fish and Wildlife Service (USFWS) regarding the 
implementation of Amendment 11 to the CPS FMP.

Background

    In accordance with the regulations implementing the ESA, NMFS 
initiated an ESA section 7 consultation with the USFWS regarding the 
possible effects of implementing Amendment 11 (71 FR 36999) to the CPS 
FMP. USFWS determined that formal consultation was necessary on the 
possible effects to the threatened southern sea otter. USFWS completed 
a biological opinion (BO) for this action and concluded that it was not 
likely to jeopardize the continued existence of the southern sea otter. 
The requirements and conservation measures put forth in this action 
stem from this BO and are an attempt to provide further conservation 
efforts for southern sea otters. These reporting requirements and 
conservation measures require all 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 otters.
    Specifically, these new measures and regulations are:
    1. CPS fishing boat operators and crew are 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.

[[Page 29892]]

    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 entanglement, 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 are required 
to provide information regarding the location, specifically 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.
    For further background information on this action please refer to 
the preamble of the proposed rule (71 FR 70941).

Comments and Responses

    NMFS received two public comments on the proposed rule. These 
comments are addressed here:
    Comment 1: One comment stated that due to the strict protections 
provided to southern sea otters by the MMPA, incidental take of 
southern sea otters could not be authorized under the ESA and that it 
was necessary for NMFS to amend the proposed rule to reflect this. The 
comment also stated that self-reporting has not always proved effective 
with regard to marine mammal interactions with fisheries and that this 
rule should include a mandatory neutral observer program. However, to 
the extent that self-reporting would be required, that it be made as 
easy as possible for the fishermen.
    Response: This final rule does not authorize the take of southern 
sea otters within CPS fisheries. The purpose of this final rule is to 
further protect this threatened species. Sea otters have not been 
documented to have been injured or killed in CPS fisheries and due to 
the very small overlap of CPS fisheries in the EEZ off the West Coast 
and the distribution of southern sea otters, the likelihood that such 
an event will occur is low. However, the BO prepared by USFWS 
determined that the possibility of interactions between sea otters and 
the fishery does exist. Therefore, NMFS decided that the requirements 
recommended by USFWS to reduce possible interactions with, and provide 
protection for, southern sea otters, would be a prudent conservation 
measure. NMFS currently places observers on CPS vessels operating in 
the Monterey Bay region and will continue to do so.
    Comment 2: The commenter stated that after an interaction it would 
be unnecessary for the fisherman to provide location information other 
than latitude and longitude. The commenter also suggests that the 
requirement to report non-entanglement interactions is unclear and 
unnecessary.
    Response: Under Sec.  660.520(a)(3), fishermen will only be 
required to provide the latitude and longitude of where the interaction 
took place. NMFS asks that other location information that is readily 
available be provided as well, but it is not required. With regards to 
the reporting of non-entanglement interactions, it is not the intent of 
this final rule to require fishermen to report casual observations of 
sea otters. This action only requires fishermen to report when sea 
otters occur within encircled nets or come into contact with fishing 
gear or the vessel. This information could prove valuable to both 
fishermen and/or the conservation of sea otters as it will establish a 
record of the presence or absence of sea otter interactions. If 
interactions are occurring, location information will be important in 
determining areas where further conservation efforts may be needed.
    No changes were made to the regulatory text from the proposed rule.

Classification

    The Administrator, Southwest Region, NMFS, determined that this 
action is necessary for the conservation and management of the CPS 
fishery and that it is consistent with the Magnuson-Stevens Fishery 
Conservation and Management Act and other applicable laws.
    This final rule contains a collection-of-information requirement 
subject to review and approval by the Office of Management and Budget 
(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. 
Send comments regarding these burden estimates or any other aspect of 
this data collection, including suggestions for reducing the burden, to 
NMFS (see ADDRESSES) and by 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.
    This final 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 during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.

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: May 23, 2007.
Samuel D. Rauch III
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, NMFS amends 50 CFR part 660 as 
follows:

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

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.  660.505, paragraph (n) is added 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.

0
3. Section 660.520 is added to read as follows:

[[Page 29893]]

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; the 
otter's behavior during interaction; measures taken to avoid 
interaction.
    (b) [Reserved]

[FR Doc. E7-10379 Filed 5-29-07; 8:45 am]
BILLING CODE 3510-22-S