[Federal Register Volume 72, Number 110 (Friday, June 8, 2007)]
[Rules and Regulations]
[Pages 31756-31757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11124]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 224 and 660

[Docket No. 070110003-7111-02; I.D. 112006A]
RIN 0648-AS89


Fisheries Off West Coast States; Highly Migratory Species 
Fisheries

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

ACTION: Final rule.

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

SUMMARY: NMFS issues a final rule to amend text in the regulations 
governing closures of the drift gillnet fishery in the Pacific 
Loggerhead Conservation Area during El Nino events under the Fishery 
Management Plan for U.S. West Coast Fisheries for Highly Migratory 
Species (HMS FMP). The regulation is necessary to avoid jeopardizing 
loggerhead sea turtles, which are listed as threatened under the 
Endangered Species Act, by clarifying the time period in which the area 
is to be closed and the methods that NMFS will use to determine if an 
El Nino event is occurring or forecast to occur. This final rule also 
corrects an inaccurate cross-reference in the regulations governing 
special requirements for fishing activities to protect threatened and 
endangered sea turtles under the HMS FMP.

DATES: This final rule is effective July 9, 2007.

ADDRESSES: Rodney R. McInnis, Regional Administrator, Southwest Region, 
NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802 4213.

FOR FURTHER INFORMATION CONTACT: Craig Heberer, Sustainable Fisheries 
Division, NMFS, 760-431-9440, ext. 303.

SUPPLEMENTARY INFORMATION: On April 7, 2004, NMFS published a final 
rule to implement the HMS FMP (69 FR 18444) that included incorrect 
regulatory text in 50 CFR 660.713(c)(2) pertaining to the timing of a 
closure for the California/Oregon swordfish/thresher shark drift 
gillnet fishery during declared El Nino events and methods for 
determination and notification concerning an El Nino event. This final 
rule amends that regulatory text and provides the correct information. 
The closure is necessary to avoid jeopardizing the continued existence 
of threatened loggerhead sea turtles. This final rule describes the 
area of the closure, the time period in which the area is to be closed, 
the methods that NMFS will use to determine if an El Nino event is 
occurring or is going to occur, and how the Assistant Administrator 
will provide notification that an El Nino is occurring.
    This final rule clarifies that any closure as a result of an El 
Nino event would occur from June 1 - August 31 only, as currently 
specified in 50 CFR 660.713(c)(2), rather than during the time periods 
of January 1 - January 15 and August 15 - August 31, as currently 
specified inconsistently in 50 CFR 660.713 (c)(2)(ii). This final rule 
amends regulatory text at 50 CFR 224.104(c) that describes special 
requirements for fishing activities to protect endangered sea turtles. 
The existing text refers to special prohibitions relating to sea 
turtles at Sec.  223.206(d)(2)(iv). However, paragraph (d)(2)(iv) no 
longer exists in 50 CFR 223.206. The reference should be to Sec.  
223.206(d). For further background information on this action please 
refer to the preamble of the proposed rule (72 FR 4225, January 30, 
2007). No public comments were received during the comment period for

[[Page 31757]]

the proposed rule. The regulatory text was not modified in drafting of 
the final rule.

Classification

    NMFS has determined that the final rule is consistent with the HMS 
FMP and is consistent with the Magnuson-Stevens Fishery Conservation 
and Management Act and other applicable laws.
    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 or the economic impact of the rule. As a 
result, a regulatory flexibility analysis was not required and none was 
prepared.

List of Subjects

50 CFR Part 224

    Administrative practice and procedure, Endangered and threatened 
species, Exports, Imports, Reporting and recordkeeping requirements.

50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: June 04, 2007.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

0
For the reasons set out in the preamble, 50 CFR parts 224 and 660 are 
amended as follows:

PART 224--ENDANGERED MARINE AND ANADROMOUS SPECIES

0
1. The authority citation for part 224 continues to read as follows:

    Authority: 16 U.S.C. 1531-1543 and 16 U.S.C. 1361 et seq.

0
2. In Sec.  224.104, paragraph (c) is revised to read as follows:


Sec.  224.104  Special requirements for fishing activities to protect 
endangered sea turtles.

* * * * *
    (c) Special prohibitions relating to sea turtles are provided at 
Sec.  223.206(d).

PART 660--FISHERIES OFF THE WEST COAST STATES

0
3. The authority citation for part 660 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.

0
4. In Sec.  660.713, paragraph (c)(2) is revised to read as follows:


Sec.  660.713  Drift gillnet fishery.

* * * * *
    (c)(2) Pacific loggerhead conservation area. No person may fish 
with, set, or haul back drift gillnet gear in U.S. waters of the 
Pacific Ocean east of the 120[deg] W. meridian from June 1 through 
August 31 during a forecasted, or occurring, El Nino event off the 
coast of southern California.
    (i) Notification of an El Nino event. The Assistant Administrator 
will publish in the Federal Register a notification that an El Nino 
event is occurring, or is forecast to occur, off the coast of southern 
California and the requirement of a closure under this paragraph 
(c)(2). Furthermore, the Assistant Administrator will announce the 
requirement of such a closure by other methods as are necessary and 
appropriate to provide actual notice to the participants in the 
California/Oregon drift gillnet fishery.
    (ii) Determination of El Nino conditions. The Assistant 
Administrator will rely on information developed by NOAA offices which 
monitor El Nino events, such as NOAA's Climate Prediction Center and 
the West Coast Office of NOAA's Coast Watch program, in order to 
determine whether an El Nino is forecasted or occurring for the coast 
of southern California. The Assistant Administrator will use the 
monthly sea surface temperature anomaly charts to determine whether 
there are warmer than normal sea surface temperatures present off of 
southern California during the months prior to the closure month for 
years in which an El Nino event has been declared by the NOAA Climate 
Prediction Center. Specifically, the Assistant Administrator, will use 
sea surface temperature data from the third and second months prior to 
the month of the closure for determining whether El Nino conditions are 
present off of southern California.
    (iii) Reopening. If, during a closure as described within this 
paragraph (c)(2), sea surface temperatures return to normal or below 
normal, the Assistant Administrator may publish a Federal Register 
notice announcing that El Nino conditions are no longer present off the 
coast of southern California and may terminate the closure prior to 
August 31.
* * * * *
[FR Doc. E7-11124 Filed 6-7-07; 8:45 am]
BILLING CODE 3510-22-S