63FR30720A Gear Marking and Call-in Requirements for Atlantic Large Whale Take Reduction Plan
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Archive-Name: gov/us/fed/nara/fed-register/1998/jun/05/63FR30720A
Posting-number: Volume 63, Issue 108, Page 30720A
[Federal Register: June 5, 1998 (Volume 63, Number 108)]
[Notices]
[Page 30720-30722]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jn98-65]
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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.
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[[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
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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