Atlantic Highly Migratory Species; 2008 Atlantic Bluefin Tuna Quota Specifications and Effort Controls, 74193-74197 [E7-25256]
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Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Rules and Regulations
Par. 2. Section 301.6103(j)(1)–1T is
amended by revising paragraphs (a), (b),
and (e) and removing paragraph (f) to
read as follows:
I
§ 301.6103(j)(1)–1T Disclosure of return
information reflected on returns to officers
and employees of the Department of
Commerce for certain statistical purposes
and related activities (temporary).
(a) through (b)(3)(xxiv) [Reserved]. For
further guidance, see § 301.6103(j)(1)–
1(a) and (b)(1) through (b)(3)(xxiv).
(xxv) From Form 6765 (when filed
with corporation income tax returns)—
total qualified research expenses.
*
*
*
*
*
(e) Effective/applicability date. This
section is applicable to disclosures to
the Bureau of Economic Analysis on or
after July 6, 2006. The amendment to
paragraph (b)(3)(xxv) of this section is
applicable to disclosures to the Bureau
of the Census on or after December 31,
2007. The applicability of the
amendment to paragraph (b)(3)(xxv)
expires on or before December 28, 2010.
Linda E. Stiff,
Deputy Commissioner for Services and
Enforcement.
Approved: December 18, 2007.
Eric Solomon,
Assistant Secretary of the Treasury (Tax
Policy).
[FR Doc. E7–25129 Filed 12–28–07; 8:45 am]
BILLING CODE 4830–01–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
49 CFR Part 219
[Docket No. 2001–11213, Notice No. 11]
RIN 2130–AA81
Alcohol and Drug Testing:
Determination of Minimum Random
Testing Rates for 2008
Federal Railroad
Administration (FRA), DOT.
ACTION: Notice of Determination.
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AGENCY:
SUMMARY: Using data from Management
Information System annual reports, FRA
has determined that the 2006 rail
industry random testing positive rates
were 0.60 percent for drugs and 0.13
percent for alcohol. Because the
industry-wide random drug testing
positive rate has remained below 1.0
percent for the last two years, the
Federal Railroad Administrator
(Administrator) has determined that the
minimum annual random drug testing
rate for the period January 1, 2008,
through December 31, 2008, will remain
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17:51 Dec 28, 2007
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at 25 percent of covered railroad
employees. In addition, because the
industry-wide random alcohol testing
violation rate has remained below 0.5
percent for the last two years, the
Administrator has determined that the
minimum random alcohol testing rate
will remain at 10 percent of covered
railroad employees for the period
January 1, 2008, through December 31,
2008.
DATES: This notice is effective upon
publication.
FOR FURTHER INFORMATION CONTACT:
Lamar Allen, Alcohol and Drug Program
Manager, Office of Safety Enforcement,
Mail Stop 25, Federal Railroad
Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
(telephone 202 493–6313); or Kathy
Schnakenberg, FRA Alcohol/Drug
Program Specialist, (telephone 816 561–
2714).
SUPPLEMENTARY INFORMATION:
Administrator’s Determination of 2008
Minimum Random Drug and Alcohol
Testing Rates
In a final rule published on December
2, 1994 (59 FR 62218), FRA announced
that it will set future minimum random
drug and alcohol testing rates according
to the rail industry’s overall positive
rate, which is determined using annual
railroad drug and alcohol program data
taken from FRA’s Management
Information System. Based on this data,
the Administrator publishes a Federal
Register notice each year, announcing
the minimum random drug and alcohol
testing rates for the following year. See
49 CFR 219.602, 608.
Under this performance-based system,
FRA may lower the minimum random
drug testing rate to 25 percent of
covered railroad employees whenever
the industry-wide random drug positive
rate is less than 1.0 percent for two
calendar years while testing at a 50
percent minimum rate. For both drugs
and alcohol, FRA reserves the right to
consider other factors, such as the
number of positives in its post-accident
testing program, before deciding
whether to lower annual minimum
random testing rates. If the industrywide random drug positive rate is 1.0
percent or higher in any subsequent
calendar year, FRA will return the
minimum random drug testing rate to 50
percent of covered railroad employees.
If the industry-wide random alcohol
violation rate is less than 1.0 percent but
greater than 0.5 percent, the minimum
random alcohol testing rate will be 25
percent of covered railroad employees.
FRA will raise the minimum random
rate to 50 percent of covered railroad
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74193
employees if the industry-wide random
alcohol violation rate is 1.0 percent or
higher in any subsequent calendar year.
FRA may lower the minimum random
alcohol testing rate to 10 percent of
covered railroad employees whenever
the industry-wide violation rate is less
than 0.5 percent for two calendar years
while testing at a higher rate.
In this notice, FRA announces that the
minimum random drug testing rate will
remain at 25 percent of covered railroad
employees for the period January 1,
2008, through December 31, 2008,
because the industry random drug
testing positive rate was below 1.0
percent for the last two years (.060 in
2006 and .073 in 2005). The minimum
random alcohol testing rate will remain
at 10 percent of covered railroad
employees for the period January 1,
2008, through December 31, 2008,
because the industry-wide violation rate
for alcohol has remained below 0.5
percent for the last two years (.013 in
2006 and .017 in 2005). Railroads
remain free, as always, to conduct
random testing at higher rates.
Issued in Washington, DC, on December
17, 2007.
Joseph H. Boardman,
Administrator.
[FR Doc. E7–25353 Filed 12–28–07; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 070612190–7684–02]
RIN 0648–AV58
Atlantic Highly Migratory Species;
2008 Atlantic Bluefin Tuna Quota
Specifications and Effort Controls
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: NMFS announces the final
rule to set 2008 fishing year
specifications for the Atlantic bluefin
tuna (BFT) fishery, including quotas for
each of the established domestic fishing
categories and effort controls for the
General category and Angling category.
This action is necessary to implement
recommendations of the International
Commission for the Conservation of
Atlantic Tunas (ICCAT), as required by
the Atlantic Tunas Convention Act
(ATCA), and to achieve domestic
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Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Rules and Regulations
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management objectives under the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
DATES: The rule is effective January 30,
2008, except that the Angling category
retention limit found under the heading
Angling Category Effort Controls is
effective January 30, 2008 through
December 31, 2008, and the General
category retention limit found under the
heading General Category Effort
Controls is effective June 1, 2008,
through August 31, 2008.
ADDRESSES: Supporting documents,
including the 2007 Environmental
Assessment (EA), Regulatory Impact
Review (RIR), and Final Regulatory
Flexibility Analysis (FRFA) and the
Consolidated Atlantic Highly Migratory
Species Fishery Management Plan
(Consolidated HMS FMP), are available
from Sarah McLaughlin, Highly
Migratory Species Management
Division, Office of Sustainable Fisheries
(F/SF1), NMFS, One Blackburn Drive,
Gloucester, MA 01930. These
documents are also available from the
HMS Management Division website at
https://www.nmfs.noaa.gov/sfa/hms/ or
at the Federal e-Rulemaking Portal:
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin, 978–281–9260.
SUPPLEMENTARY INFORMATION: Atlantic
tunas are managed under the dual
authority of the Magnuson-Stevens Act
and the ATCA. The ATCA authorizes
the Secretary of Commerce (Secretary)
to promulgate regulations, as may be
necessary and appropriate, to
implement ICCAT recommendations.
The authority to issue regulations under
the Magnuson-Stevens Act and the
ATCA has been delegated from the
Secretary to the Assistant Administrator
for Fisheries, NOAA (AA). The
implementing regulations for Atlantic
HMS are at 50 CFR part 635.
Background
Background information about the
need for the BFT quota specifications
and effort controls for the 2008 fishing
year (January 1 through December 31,
2008) was provided in the preamble to
the proposed rule (72 FR 56036, October
2, 2007) and is not repeated here.
The 2008 annual specifications are
necessary to implement the 2006 ICCAT
quota recommendation, as required by
the ATCA, and to achieve domestic
management objectives under the
Magnuson-Stevens Act. This action is
published in accordance with the
framework procedures set forth in the
Consolidated HMS FMP and is
supported by the analytical documents
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prepared for the Consolidated HMS
FMP and for the 2007 BFT
specifications and effort controls.
Copies of these documents are available
from NMFS (see ADDRESSES).
In the final 2007 fishing year BFT
specifications (72 FR 33401, June 18,
2007), NMFS modified the baseline
landings quota to 1,165.12 mt to
implement the 2006 ICCAT
recommendation and set the category
subquotas per the allocations
established in the Consolidated HMS
FMP. The baseline quotas are as follows:
General category—548.8 mt; Harpoon
category—45.4 mt; Purse Seine
category—216.7 mt; Angling category—
229.5 mt; Longline category—94.4 mt;
and Trap category—1.2 mt. An
additional 29.1 mt is allocated to the
Reserve category for inseason
adjustments, scientific research
collection, potential overharvest in any
category except the Purse Seine
category, and potential quota transfers.
The baseline Angling category quota
of 229.5 mt is further subdivided as
follows: School BFT—119 mt, with 45.8
mt to the northern area (north of 39°18′
N. latitude), 51.2 mt to the southern area
(south of 39°18′ N. latitude), plus 22 mt
held in reserve; large school/small
medium BFT—105.2 mt, with 49.6 mt to
the northern area and 55.6 mt to the
southern area; and large medium/giant
BFT—5.3 mt, with 1.8 mt to the
northern area and 3.5 mt to the southern
area. The 25–mt Northeast Distant gear
restricted area (NED) set-aside quota is
in addition to the overall incidental
longline quota to be subdivided in
accordance with the North/South
allocation percentages (i.e., no more
than 60 percent to the south of 31° N.
latitude). Thus, the baseline Longline
category quota of 94.4 mt is subdivided
as follows: 37.8 mt to pelagic longline
vessels landing BFT north of 31° N.
latitude and 56.6 mt to pelagic longline
vessels landing BFT south of 31° N.
latitude, with 25 mt set-aside for
bycatch of BFT related to directed
pelagic longline fisheries in the NED.
NMFS accounts for landings under this
additional quota separately from other
landings under the Longline north
subcategory.
The baseline landings quota and
category subquotas are effective until
changed, for instance, as a result of a
potential new ICCAT BFT Total
Allowable Catch (TAC)
recommendation made at its upcoming
2008 Annual Meeting. Consistent with
the Consolidated HMS FMP, and
through this action, NMFS is making
underharvest adjustments for the 2008
fishing year.
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Changes from the Proposed Rule
Since 1997, NMFS has implemented
General category RFDs to extend the
General category fishing season. NMFS
has received comment from fishery
participants that RFDs are not
necessary, as BFT landings in the last
several years have been low and not at
a pace that warrants NMFS control for
market purposes. For the 2008 fishing
year, NMFS has decided not to
implement RFDs via this final rule. For
more information, please see the
Comments and Responses section. If
NMFS determines that action is needed
during the fishing year to extend the
General category fishery, NMFS may
publish an inseason action (under 50
CFR 635.23(a)(4)) to decrease the daily
retention limit of large medium and
giant BFT over a range of zero to a
maximum of three per vessel.
2008 Quota Specifications
NMFS anticipates that the 2007
fishing year (June 1, 2007–December 31,
2007) underharvest will be substantial,
based on current landings information
and communication with BFT
fishermen, and given the relatively low
BFT harvest rates in recent years.
However, the current ICCAT
recommendation limits the amount of
underharvest the United States may
carry over for 2008 to 595.1 mt.
Landings of large medium and giant
BFT (measuring 73 inches (185.4 cm) or
greater) landed in the commercial BFT
fisheries and under the Angling category
trophy fishery are as follows, through
November 26, 2007: General category—
87.9 mt; Harpoon category—12.1 mt;
Longline category—26.4 mt (18 mt in
the North, 2.9 mt in the Northeast
Distant gear restricted area (NED), and
5.5 mt in the South]; Trap category—0
mt; and Purse Seine category—28.0 mt.
The recreational Angling category
fishery is still underway and final
estimates from the Large Pelagic Survey
(LPS) are not expected to be available
until the end of the year. Once LPS
estimates are available, NMFS may
adjust 2008 recreational measures (i.e.,
retention limits) and quotas or make
necessary adjustments for the following
year’s fishery (i.e., the 2009 fishing year)
based on the LPS data and analyses, the
needs of the fishery, and other factors
(such as the 2008 ICCAT
recommendation, research needs, etc.),
as appropriate. Currently, however,
preliminary 2007 landings estimates for
the fishery indicate that the 2007 fishing
year underharvest is substantial, and
that the full 595.1 mt of underharvest
(consistent with the ICCAT
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recommended limit) will be available
for carryover to the 2008 fishing year.
NMFS establishes the final quota
specifications as proposed, i.e., carries
over 595.1 mt of BFT underharvest from
the 2007 fishing year to the 2008 fishing
year quota, and distributes that
underharvest to: (1) Allow for potential
transfer of a portion (up to 15 percent)
of the 2008 U.S. quota to other ICCAT
Contracting Parties and other domestic
management objectives, if warranted; (2)
ensure that the Longline category has
sufficient quota to operate during the
2008 fishing year after the required
accounting for BFT dead discards; and
(3) provide the non-Longline quota
categories the remainder of the
underharvest consistent with the
allocation scheme established in the
Consolidated HMS FMP. As proposed,
this final action applies 53.6 mt of BFT
underharvest to cover the anticipated
pelagic longline fishery landings during
the 2008 fishing year. Additionally, this
action places 178.5 mt (i.e., 15 percent
of 1,190.12 mt) of 2007 fishing year
underharvest in the Reserve for
potential ICCAT transfer purposes and
other domestic management objectives.
This action distributes the remainder of
the quota carryover (363 mt) to the
Angling, General, Harpoon, Purse Seine,
and Trap categories consistent with
their FMP allocations.
Initial quota specifications for the
2008 fishing year as follows: General
category—740.0 mt; Harpoon category—
61.2 mt; Purse Seine category—292.2
mt; Angling category —309.5 mt;
Longline category—56.7 mt; and Trap
category—1.6 mt. Additionally, 207.6
mt are allocated to the Reserve category
for inseason adjustments, scientific
research collection, potential
overharvest in any category except the
Purse Seine category, and potential
quota transfers.
The General category quota of 740.0
mt is divided per the time period
allocations established in the
Consolidated FMP, i.e., 39.2 mt (5.3
percent) for the period beginning
January 1, 2008, and ending January 31,
2008, 370.0 mt (50 percent) for the
period beginning June 1, 2008, and
ending August 31, 2008, 196.1 mt (26.5
percent) for the period beginning
September 1, 2008, and ending
September 30, 2008, 96.2 mt (13
percent) for the period beginning
October 1, 2008, and ending November
30, 2008; and 38.5 mt (5.2 percent) for
the period beginning December 1, 2008,
and ending December 31, 2008.
The Angling category quota of 309.5
mt is further subdivided as follows:
School BFT—119 mt, with 45.8 mt to
the northern area (north of 39°18′ N.
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latitude), 51.2 mt to the southern area
(south of 39°18′ N. latitude), plus 22 mt
held in reserve; large school/small
medium BFT—183.4 mt, with 86.6 mt to
the northern area and 96.8 mt to the
southern area; and large medium/giant
BFT—7.1 mt, with 2.4 mt to the
northern area and 4.7 mt to the southern
area.
The Longline category quota of 56.7
mt is subdivided as follows: 22.7 mt to
pelagic longline vessels landing BFT
north of 31° N. latitude and 34.0 mt to
pelagic longline vessels landing BFT
south of 31° N. latitude, with 25 mt setaside for bycatch of BFT related to
directed pelagic longline fisheries in the
NED. NMFS will account for landings
under this additional quota separately
from other landings under the Longline
north subcategory.
Once complete information, including
recreational landings estimates, is
available for the 2007 fishing year,
NMFS may need to publish quota
adjustments or other inseason
management measures, as necessary, in
2008 for the 2008 fishing year.
General Category Effort Controls
Because of the large quota available
for the General category, NMFS
increases the retention limit of BFT for
the January and June-August subperiods
from the default one-fish retention limit.
Therefore, persons aboard vessels
permitted in the General category may
retain three large medium or giant BFT
(measuring 73 inches (185.4 cm) or
greater) per vessel per day/trip from
June 1, 2008, through August 31, 2008.
Anticipating that this action might not
be effective by January 1, 2008, NMFS
published an inseason action to adjust
the General category retention limit to
three large medium or giant BFT per
vessel per day/trip effective October 1,
2007, through January 31, 2008 (72 FR
61565, October 31, 2007). The BFT
retention limit may be adjusted via
inseason action, if warranted, under
§ 635.23(a)(4).
Angling Category Effort Controls
This final rule establishes an Angling
category retention limit to one school
BFT (27 inches (68.6 cm) to less than 47
inches (119.4 cm)), and two large
school/small medium BFT (i.e., two
BFT measuring 47 inches (119.4 cm) to
less than 73 inches (185.4 cm)) per
vessel per day/trip. This retention limit
is effective for persons aboard vessels
permitted in the Angling category from
January 30, 2008 through December 31,
2008. This retention limit may be
adjusted via inseason action, if
warranted, under § 635.23(b)(3).
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Comments and Responses
Below, NMFS summarizes and
responds to all comments received on
the proposed quota specifications and
effort controls for the General and
Angling categories. In addition, NMFS
received comments on issues that were
not considered part of this rulemaking.
For example, NMFS received comment
that the pelagic longline incidental BFT
retention limits should be raised to
reduce regulatory discard of
commercial-sized BFT. In contrast,
NMFS received a request from an
environmental organization to take
action to limit BFT mortality on pelagic
longline gear and to remove the
exemption from target catch
requirements that currently applies to
pelagic longline vessels fishing in the
Northeast Distant gear restricted area
until the 25–mt set-aside for that area is
met. Another commenter expressed
frustration with Purse Seine fishing in
Cape Cod Bay and alleged unchecked
violation of BFT fishing regulations in
general. NMFS acknowledges receipt of
these comments, although the issues
raised are not addressed in this action
as they were not considered part of this
rulemaking.
A. BFT Quotas
Comment 1: NMFS received a range of
comments on the quota specifications.
Most of the commenters wrote or spoke
about the need for greater conservation
measures, both for juvenile and
spawning-sized BFT. One commenter
opposed carryover of underharvest in
any fishery from one year to the next.
An environmental organization
representative requests that NMFS keep
landings of school fish low in 2008 to
contribute to rebuilding the BFT
population and to ensure a recreational
fishery in the last year of the four-year
(2007–2010) balancing period over
which ICCAT recommends limiting
school BFT landings to 10 percent of the
TAC (i.e., an average of 119 mt
annually). In contrast, one commenter
asked if NMFS would adjust the school
BFT subquota (upward of the proposed
119 mt) if landings estimates indicate
that less than 119 mt will have been
taken in the 2007 fishing year (i.e., if
NMFS could increase the school BFT
quota for 2008 while maintaining
average landings of 119 mt annually
over the 2007–2010 balancing period).
Response: Carryover of underharvest
(limited to no more than 50 percent of
the U.S. TAC) is consistent with both
the ICCAT recommendation and the
BFT quota regulations. The
specifications included in this rule
reflect application of underharvest from
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the 2007 fishing year to the baseline
quotas that were established in the 2007
final specifications (72 FR 33401, June
18, 2007). The distribution of the 595.1–
mt underharvest provides for several
existing and potential management
needs, namely: (1) Setting aside
sufficient quota for a potential transfer
to another ICCAT Contracting Party, if
warranted; (2) providing sufficient quota
for pelagic longline operations; (3)
appropriately accounting for dead
discards; and (4) distributing the
remainder per the Consolidated HMS
FMP allocation. Reduction of the overall
quota, or to category quota and subquota
allocations, would involve a regulatory
change and/or amendment to the
Consolidated HMS FMP. The final
Angling category school BFT subquota
is 119 mt. Final LPS estimates for the
2007 fishing year will not be compete
until after preparation of this final rule.
NMFS does not currently have
information that would support an
increase to the Angling category school
BFT subquota for the 2008 fishing year.
As mentioned above, NMFS may need
to publish a quota adjustment or other
inseason action in 2008 once landings
information for the 2007 fishing year is
complete. However, as 2007 is the first
year of the current 4-year balancing
period, NMFS has considerable
flexibility over the next 3 years to
manage the school BFT fishery
(including adjustment of retention
limits) consistent with the ICCAT
recommendation that limits tolerance
for school BFT landings to 10 percent of
the U.S. TAC, calculated on a 4-year
average (i.e., 2007–2010).
Comment 2: Some commenters
opposed the concept of a U.S. quota
transfer to another ICCAT-contracting
party. An industry representative
suggested that NMFS fully allocate the
quota carryover amount to the quota
categories rather than holding 15–
percent of the TAC (178.5 mt) in the
Reserve, and suggests that NMFS
subsequently consult with
representatives of applicable quota
categories if and when a quota transfer
request is received. This commenter
anticipates that such a request would be
initiated by industry in consultation
with the industry of another ICCAT
Contracting Party.
Response: The authority to transfer
BFT quota to other ICCAT contracting
parties originates with a 2006 ICCAT
recommendation, which allows a
contracting party to transfer up to 15
percent of its TAC to another
Contracting Party. NMFS notes that any
transfer requests would be initiated by
other ICCAT member countries to the
U.S. Government. In response to a
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transfer request, the United States
(through NMFS) would evaluate several
factors, including the projected ability
of U.S. vessels to harvest the U.S. TAC
during the fishing year and potential
impacts to the stock, in a separate action
and consider public input on that
action. In these specifications, NMFS is
placing 178.5 mt (15 percent of the U.S.
TAC) of 2007 fishing year underhavest
in the Reserve so that, if the United
States were to approve a transfer, the
quota would be taken from the Reserve
and not from category-specific quotas.
NMFS maintains that, should a transfer
to another ICCAT contracting party be
considered and approved, it should be
taken from the Reserve, which NMFS
specifically holds for purposes of
inseason or annual adjustments and
fishery research.
Because of the ICCAT-recommended
limit on quota carryover and given the
recent trend of substantial U.S. TAC
underharvest, distribution of 178.5 mt of
carryover to individual quota categories
would not result in substantially greater
future fishing opportunities than
holding that amount in Reserve.
Further, the regulations regarding
determination criteria and annual
adjustment of the BFT quota at
§§ 635.27(a)(8) and 635.27(a)(9) allow
NMFS to transfer quotas among
categories based on the several criteria
(such as a review of landing trends, the
projected ability of the vessels fishing
under a particular category quota to
harvest the additional amount of BFT
before the end of the fishing year, the
estimated amounts by which quotas for
other categories might be exceeded, the
effects of the adjustment on
accomplishing the objectives of the
fishery management plan, etc.).
Therefore, should a situation arise in
which a BFT domestic quota transfer
from the Reserve to a quota category is
needed to avoid exceeding that
category’s quota, NMFS could take
action as appropriate.
The carryover of BFT underharvest
that NMFS proposed, and finalizes in
this action, is consistent with the
Consolidated HMS FMP and with the
2006 ICCAT recommendation to limit
carryover to 50 percent of an ICCAT
contracting party’s initial TAC. A
regulatory amendment would be
required for NMFS not to carry forward
unharvested quota from one year to the
next.
B. General Category Effort Controls
Comment 1: As described above,
NMFS received comments that the
setting of RFDs is not necessary, as BFT
landings in the General category have
been low, and not at a pace that
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warrants NMFS control for market
purposes.
Response: NMFS agrees that overall
landings in the last few years have been
lower than they have since the late
1990s, when NMFS began to implement
RFDs to extend the General category
season for as long as possible to provide
fishing opportunities over an expanded
temporal and geographic range. Due to
low landings rates in recent years and
the fact that the fishery has not needed
to be closed, and based on the
expectation that landings rates in the
2008 fishing season will be similar,
NMFS is not implementing RFDs
through this final rule. NMFS may use
its inseason action authority at 50 CFR
635.23(a)(4) to adjust the General
category retention limit if it determines
that action is needed during the fishing
year to extend the General category
fishery.
Comment 2: One commenter
suggested, due to continued
underharvest of BFT, that a General
category daily retention limit of two
rather than three BFT measuring 73
inches or greater (as proposed) per
vessel per day/trip, would be
appropriate, while still meeting the
needs of commercial BFT fishermen.
Response: NMFS acknowledges the
recent low catches in the General
category fishery. NMFS is contributing
to research and monitoring efforts to
determine the reasons for the apparent
lack of availability of BFT to the U.S.
fishery, i.e., whether due to lower stock
abundance or changes in BFT
distribution. In the meantime, NMFS is
setting the General category daily
retention limit at three BFT to allow
increased opportunities to harvest the
General category quota during periods
when catch rates have historically been
low, and to avoid accumulation of
unused quota.
C. Angling Category Effort Controls
Comment 1: NMFS received a range of
comments on the Angling category effort
controls. Some commenters supported
the Angling category retention limit as
proposed, and some expressed that
anglers should be limited to one fish per
day. Related to the comment on the
Angling category school BFT subquota
in Section A, one commenter asked if
the daily retention limit for school BFT
could be increased without risking the
4-year average of 119 mt of landings
being exceeded.
Response: NMFS currently does not
have complete landings estimates for
the 2007 fishing year and therefore does
not have sufficient information to
support a change to the 2008 fishing
year Angling category retention limit.
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Federal Register / Vol. 72, No. 249 / Monday, December 31, 2007 / Rules and Regulations
NMFS may determine, once 2008
estimates are complete, that the
retention limit should be adjusted in
order to meet the limit on school BFT
over the 4-year balancing period. NMFS
has the authority either to make
inseason adjustments to the Angling
category quota during the 2008 fishing
year, or, depending on the results of the
LPS data and analyses and the needs of
the fishery, may make necessary
adjustments (such as retention limits,
quotas, and subquotas) in the 2009
fishing year specifications and effort
controls.
Classification
NMFS publishes these final
specifications and effort controls under
the authority of the Magnuson-Stevens
Act and ATCA. The Assistant
Administrator for Fisheries (AA) has
determined that the regulations
contained in this final rule are necessary
to implement the recommendations of
ICCAT and to manage the domestic
Atlantic HMS fisheries, and are
consistent with the Magnuson-Stevens
Act and its National Standards.
This final rule 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.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
Dated: December 20, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E7–25256 Filed 12–28–07; 8:45 am]
mstockstill on PROD1PC66 with RULES
BILLING CODE 3510–22–S
VerDate Aug<31>2005
17:23 Dec 28, 2007
Jkt 214001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 071030625–7696–02]
RIN 0648–XC84
Fisheries of the Northeastern United
States; Summer Flounder, Scup, and
Black Sea Bass Fisheries; 2008
Summer Flounder, Scup, and Black
Sea Bass Specifications; Preliminary
2008 Quota Adjustments; 2008
Summer Flounder Quota for Delaware
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues final
specifications for the 2008 summer
flounder, scup, and black sea bass
fisheries. This final rule specifies
allowed harvest limits for both
commercial and recreational fisheries,
including commercial scup possession
limits. This action prohibits federally
permitted commercial vessels from
landing summer flounder in Delaware
in 2008 due to continued quota
repayment from previous years’
overages.
The actions of this final rule are
necessary to comply with regulations
implementing the Summer Flounder,
Scup, and Black Sea Bass Fishery
Management Plan (FMP), as well as to
ensure compliance with the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
The intent of this action is to establish
harvest levels and other management
measures to ensure that target fishing
mortality rates (F) or exploitation rates,
as specified for these species in the
FMP, are not exceeded. In addition, this
action implements measures that ensure
continued rebuilding of these three
overfished species and ends overfishing
in the summer flounder fishery.
DATES: Effective January 1, 2008,
through December 31, 2008.
ADDRESSES: Copies of the specifications
document, including the Environmental
Assessment (EA), Regulatory Impact
Review (RIR), Initial Regulatory
Flexibility Analysis (IRFA), and other
supporting documents used by the
Summer Flounder, Scup, and Black Sea
Bass Monitoring Committees are
available from Daniel Furlong,
Executive Director, Mid-Atlantic
Fishery Management Council, Room
SUMMARY:
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
74197
2115, Federal Building, 300 South
Street, Dover, DE 19901–6790. The
specifications document is also
accessible via the Internet at https://
www.nero.noaa.gov. The Final
Regulatory Flexibility Analysis (FRFA)
consists of the IRFA, public comments
and responses contained in this final
rule, and the summary of impacts and
alternatives contained in this final rule.
Copies of the small entity compliance
guide are available from Patricia A.
Kurkul, Regional Administrator,
Northeast Region, National Marine
Fisheries Service, One Blackburn Drive,
Gloucester, MA 01930–2298.
FOR FURTHER INFORMATION CONTACT:
Michael Ruccio, Fishery Policy Analyst,
(978) 281–9104.
SUPPLEMENTARY INFORMATION:
Background
The summer flounder, scup, and
black sea bass fisheries are managed
cooperatively under the provisions of
the FMP developed by the Mid-Atlantic
Fishery Management Council (Council)
and the Atlantic States Marine Fisheries
Commission (Commission), in
consultation with the New England and
South Atlantic Fishery Management
Councils. The management units
specified in the FMP include summer
flounder (Paralichthys dentatus) in U.S.
waters of the Atlantic Ocean from the
southern border of North Carolina (NC)
northward to the U.S./Canada border,
and scup (Stenotomus chrysops) and
black sea bass (Centropristis striata) in
U.S. waters of the Atlantic Ocean from
35°13.3′ N. lat. (the latitude of Cape
Hatteras Lighthouse, Buxton, NC)
northward to the U.S./Canada border.
The Council prepared the FMP under
the authority of the Magnuson-Stevens
Act, 16 U.S.C. 1801 et seq. Regulations
implementing the FMP appear at 50
CFR part 648, subparts A (general
provisions), G (summer flounder), H
(scup), and I (black sea bass). General
regulations governing U.S. fisheries also
appear at 50 CFR part 600. States
manage summer flounder within 3
nautical miles of their coasts, under the
Commission’s plan for summer
flounder, scup, and black sea bass. The
Federal regulations govern vessels
fishing in the exclusive economic zone
(EEZ), as well as vessels possessing a
Federal fisheries permit, regardless of
where they fish.
The regulations outline the process
for specifying the annual catch limits for
the summer flounder, scup, and black
sea bass commercial and recreational
fisheries, as well as other management
measures (e.g., mesh requirements,
minimum fish sizes, gear restrictions,
E:\FR\FM\31DER1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 249 (Monday, December 31, 2007)]
[Rules and Regulations]
[Pages 74193-74197]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25256]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 070612190-7684-02]
RIN 0648-AV58
Atlantic Highly Migratory Species; 2008 Atlantic Bluefin Tuna
Quota Specifications and Effort Controls
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS announces the final rule to set 2008 fishing year
specifications for the Atlantic bluefin tuna (BFT) fishery, including
quotas for each of the established domestic fishing categories and
effort controls for the General category and Angling category. This
action is necessary to implement recommendations of the International
Commission for the Conservation of Atlantic Tunas (ICCAT), as required
by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic
[[Page 74194]]
management objectives under the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act).
DATES: The rule is effective January 30, 2008, except that the Angling
category retention limit found under the heading Angling Category
Effort Controls is effective January 30, 2008 through December 31,
2008, and the General category retention limit found under the heading
General Category Effort Controls is effective June 1, 2008, through
August 31, 2008.
ADDRESSES: Supporting documents, including the 2007 Environmental
Assessment (EA), Regulatory Impact Review (RIR), and Final Regulatory
Flexibility Analysis (FRFA) and the Consolidated Atlantic Highly
Migratory Species Fishery Management Plan (Consolidated HMS FMP), are
available from Sarah McLaughlin, Highly Migratory Species Management
Division, Office of Sustainable Fisheries (F/SF1), NMFS, One Blackburn
Drive, Gloucester, MA 01930. These documents are also available from
the HMS Management Division website at https://www.nmfs.noaa.gov/sfa/
hms/ or at the Federal e-Rulemaking Portal: https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260.
SUPPLEMENTARY INFORMATION: Atlantic tunas are managed under the dual
authority of the Magnuson-Stevens Act and the ATCA. The ATCA authorizes
the Secretary of Commerce (Secretary) to promulgate regulations, as may
be necessary and appropriate, to implement ICCAT recommendations. The
authority to issue regulations under the Magnuson-Stevens Act and the
ATCA has been delegated from the Secretary to the Assistant
Administrator for Fisheries, NOAA (AA). The implementing regulations
for Atlantic HMS are at 50 CFR part 635.
Background
Background information about the need for the BFT quota
specifications and effort controls for the 2008 fishing year (January 1
through December 31, 2008) was provided in the preamble to the proposed
rule (72 FR 56036, October 2, 2007) and is not repeated here.
The 2008 annual specifications are necessary to implement the 2006
ICCAT quota recommendation, as required by the ATCA, and to achieve
domestic management objectives under the Magnuson-Stevens Act. This
action is published in accordance with the framework procedures set
forth in the Consolidated HMS FMP and is supported by the analytical
documents prepared for the Consolidated HMS FMP and for the 2007 BFT
specifications and effort controls. Copies of these documents are
available from NMFS (see ADDRESSES).
In the final 2007 fishing year BFT specifications (72 FR 33401,
June 18, 2007), NMFS modified the baseline landings quota to 1,165.12
mt to implement the 2006 ICCAT recommendation and set the category
subquotas per the allocations established in the Consolidated HMS FMP.
The baseline quotas are as follows: General category--548.8 mt; Harpoon
category--45.4 mt; Purse Seine category--216.7 mt; Angling category--
229.5 mt; Longline category--94.4 mt; and Trap category--1.2 mt. An
additional 29.1 mt is allocated to the Reserve category for inseason
adjustments, scientific research collection, potential overharvest in
any category except the Purse Seine category, and potential quota
transfers.
The baseline Angling category quota of 229.5 mt is further
subdivided as follows: School BFT--119 mt, with 45.8 mt to the northern
area (north of 39[deg]18' N. latitude), 51.2 mt to the southern area
(south of 39[deg]18' N. latitude), plus 22 mt held in reserve; large
school/small medium BFT--105.2 mt, with 49.6 mt to the northern area
and 55.6 mt to the southern area; and large medium/giant BFT--5.3 mt,
with 1.8 mt to the northern area and 3.5 mt to the southern area. The
25-mt Northeast Distant gear restricted area (NED) set-aside quota is
in addition to the overall incidental longline quota to be subdivided
in accordance with the North/South allocation percentages (i.e., no
more than 60 percent to the south of 31[deg] N. latitude). Thus, the
baseline Longline category quota of 94.4 mt is subdivided as follows:
37.8 mt to pelagic longline vessels landing BFT north of 31[deg] N.
latitude and 56.6 mt to pelagic longline vessels landing BFT south of
31[deg] N. latitude, with 25 mt set-aside for bycatch of BFT related to
directed pelagic longline fisheries in the NED. NMFS accounts for
landings under this additional quota separately from other landings
under the Longline north subcategory.
The baseline landings quota and category subquotas are effective
until changed, for instance, as a result of a potential new ICCAT BFT
Total Allowable Catch (TAC) recommendation made at its upcoming 2008
Annual Meeting. Consistent with the Consolidated HMS FMP, and through
this action, NMFS is making underharvest adjustments for the 2008
fishing year.
Changes from the Proposed Rule
Since 1997, NMFS has implemented General category RFDs to extend
the General category fishing season. NMFS has received comment from
fishery participants that RFDs are not necessary, as BFT landings in
the last several years have been low and not at a pace that warrants
NMFS control for market purposes. For the 2008 fishing year, NMFS has
decided not to implement RFDs via this final rule. For more
information, please see the Comments and Responses section. If NMFS
determines that action is needed during the fishing year to extend the
General category fishery, NMFS may publish an inseason action (under 50
CFR 635.23(a)(4)) to decrease the daily retention limit of large medium
and giant BFT over a range of zero to a maximum of three per vessel.
2008 Quota Specifications
NMFS anticipates that the 2007 fishing year (June 1, 2007-December
31, 2007) underharvest will be substantial, based on current landings
information and communication with BFT fishermen, and given the
relatively low BFT harvest rates in recent years. However, the current
ICCAT recommendation limits the amount of underharvest the United
States may carry over for 2008 to 595.1 mt.
Landings of large medium and giant BFT (measuring 73 inches (185.4
cm) or greater) landed in the commercial BFT fisheries and under the
Angling category trophy fishery are as follows, through November 26,
2007: General category--87.9 mt; Harpoon category--12.1 mt; Longline
category--26.4 mt (18 mt in the North, 2.9 mt in the Northeast Distant
gear restricted area (NED), and 5.5 mt in the South]; Trap category--0
mt; and Purse Seine category--28.0 mt. The recreational Angling
category fishery is still underway and final estimates from the Large
Pelagic Survey (LPS) are not expected to be available until the end of
the year. Once LPS estimates are available, NMFS may adjust 2008
recreational measures (i.e., retention limits) and quotas or make
necessary adjustments for the following year's fishery (i.e., the 2009
fishing year) based on the LPS data and analyses, the needs of the
fishery, and other factors (such as the 2008 ICCAT recommendation,
research needs, etc.), as appropriate. Currently, however, preliminary
2007 landings estimates for the fishery indicate that the 2007 fishing
year underharvest is substantial, and that the full 595.1 mt of
underharvest (consistent with the ICCAT
[[Page 74195]]
recommended limit) will be available for carryover to the 2008 fishing
year.
NMFS establishes the final quota specifications as proposed, i.e.,
carries over 595.1 mt of BFT underharvest from the 2007 fishing year to
the 2008 fishing year quota, and distributes that underharvest to: (1)
Allow for potential transfer of a portion (up to 15 percent) of the
2008 U.S. quota to other ICCAT Contracting Parties and other domestic
management objectives, if warranted; (2) ensure that the Longline
category has sufficient quota to operate during the 2008 fishing year
after the required accounting for BFT dead discards; and (3) provide
the non-Longline quota categories the remainder of the underharvest
consistent with the allocation scheme established in the Consolidated
HMS FMP. As proposed, this final action applies 53.6 mt of BFT
underharvest to cover the anticipated pelagic longline fishery landings
during the 2008 fishing year. Additionally, this action places 178.5 mt
(i.e., 15 percent of 1,190.12 mt) of 2007 fishing year underharvest in
the Reserve for potential ICCAT transfer purposes and other domestic
management objectives. This action distributes the remainder of the
quota carryover (363 mt) to the Angling, General, Harpoon, Purse Seine,
and Trap categories consistent with their FMP allocations.
Initial quota specifications for the 2008 fishing year as follows:
General category--740.0 mt; Harpoon category-- 61.2 mt; Purse Seine
category--292.2 mt; Angling category --309.5 mt; Longline category--
56.7 mt; and Trap category--1.6 mt. Additionally, 207.6 mt are
allocated to the Reserve category for inseason adjustments, scientific
research collection, potential overharvest in any category except the
Purse Seine category, and potential quota transfers.
The General category quota of 740.0 mt is divided per the time
period allocations established in the Consolidated FMP, i.e., 39.2 mt
(5.3 percent) for the period beginning January 1, 2008, and ending
January 31, 2008, 370.0 mt (50 percent) for the period beginning June
1, 2008, and ending August 31, 2008, 196.1 mt (26.5 percent) for the
period beginning September 1, 2008, and ending September 30, 2008, 96.2
mt (13 percent) for the period beginning October 1, 2008, and ending
November 30, 2008; and 38.5 mt (5.2 percent) for the period beginning
December 1, 2008, and ending December 31, 2008.
The Angling category quota of 309.5 mt is further subdivided as
follows: School BFT--119 mt, with 45.8 mt to the northern area (north
of 39[deg]18' N. latitude), 51.2 mt to the southern area (south of
39[deg]18' N. latitude), plus 22 mt held in reserve; large school/small
medium BFT--183.4 mt, with 86.6 mt to the northern area and 96.8 mt to
the southern area; and large medium/giant BFT--7.1 mt, with 2.4 mt to
the northern area and 4.7 mt to the southern area.
The Longline category quota of 56.7 mt is subdivided as follows:
22.7 mt to pelagic longline vessels landing BFT north of 31[deg] N.
latitude and 34.0 mt to pelagic longline vessels landing BFT south of
31[deg] N. latitude, with 25 mt set-aside for bycatch of BFT related to
directed pelagic longline fisheries in the NED. NMFS will account for
landings under this additional quota separately from other landings
under the Longline north subcategory.
Once complete information, including recreational landings
estimates, is available for the 2007 fishing year, NMFS may need to
publish quota adjustments or other inseason management measures, as
necessary, in 2008 for the 2008 fishing year.
General Category Effort Controls
Because of the large quota available for the General category, NMFS
increases the retention limit of BFT for the January and June-August
subperiods from the default one-fish retention limit. Therefore,
persons aboard vessels permitted in the General category may retain
three large medium or giant BFT (measuring 73 inches (185.4 cm) or
greater) per vessel per day/trip from June 1, 2008, through August 31,
2008. Anticipating that this action might not be effective by January
1, 2008, NMFS published an inseason action to adjust the General
category retention limit to three large medium or giant BFT per vessel
per day/trip effective October 1, 2007, through January 31, 2008 (72 FR
61565, October 31, 2007). The BFT retention limit may be adjusted via
inseason action, if warranted, under Sec. 635.23(a)(4).
Angling Category Effort Controls
This final rule establishes an Angling category retention limit to
one school BFT (27 inches (68.6 cm) to less than 47 inches (119.4 cm)),
and two large school/small medium BFT (i.e., two BFT measuring 47
inches (119.4 cm) to less than 73 inches (185.4 cm)) per vessel per
day/trip. This retention limit is effective for persons aboard vessels
permitted in the Angling category from January 30, 2008 through
December 31, 2008. This retention limit may be adjusted via inseason
action, if warranted, under Sec. 635.23(b)(3).
Comments and Responses
Below, NMFS summarizes and responds to all comments received on the
proposed quota specifications and effort controls for the General and
Angling categories. In addition, NMFS received comments on issues that
were not considered part of this rulemaking. For example, NMFS received
comment that the pelagic longline incidental BFT retention limits
should be raised to reduce regulatory discard of commercial-sized BFT.
In contrast, NMFS received a request from an environmental organization
to take action to limit BFT mortality on pelagic longline gear and to
remove the exemption from target catch requirements that currently
applies to pelagic longline vessels fishing in the Northeast Distant
gear restricted area until the 25-mt set-aside for that area is met.
Another commenter expressed frustration with Purse Seine fishing in
Cape Cod Bay and alleged unchecked violation of BFT fishing regulations
in general. NMFS acknowledges receipt of these comments, although the
issues raised are not addressed in this action as they were not
considered part of this rulemaking.
A. BFT Quotas
Comment 1: NMFS received a range of comments on the quota
specifications. Most of the commenters wrote or spoke about the need
for greater conservation measures, both for juvenile and spawning-sized
BFT. One commenter opposed carryover of underharvest in any fishery
from one year to the next. An environmental organization representative
requests that NMFS keep landings of school fish low in 2008 to
contribute to rebuilding the BFT population and to ensure a
recreational fishery in the last year of the four-year (2007-2010)
balancing period over which ICCAT recommends limiting school BFT
landings to 10 percent of the TAC (i.e., an average of 119 mt
annually). In contrast, one commenter asked if NMFS would adjust the
school BFT subquota (upward of the proposed 119 mt) if landings
estimates indicate that less than 119 mt will have been taken in the
2007 fishing year (i.e., if NMFS could increase the school BFT quota
for 2008 while maintaining average landings of 119 mt annually over the
2007-2010 balancing period).
Response: Carryover of underharvest (limited to no more than 50
percent of the U.S. TAC) is consistent with both the ICCAT
recommendation and the BFT quota regulations. The specifications
included in this rule reflect application of underharvest from
[[Page 74196]]
the 2007 fishing year to the baseline quotas that were established in
the 2007 final specifications (72 FR 33401, June 18, 2007). The
distribution of the 595.1-mt underharvest provides for several existing
and potential management needs, namely: (1) Setting aside sufficient
quota for a potential transfer to another ICCAT Contracting Party, if
warranted; (2) providing sufficient quota for pelagic longline
operations; (3) appropriately accounting for dead discards; and (4)
distributing the remainder per the Consolidated HMS FMP allocation.
Reduction of the overall quota, or to category quota and subquota
allocations, would involve a regulatory change and/or amendment to the
Consolidated HMS FMP. The final Angling category school BFT subquota is
119 mt. Final LPS estimates for the 2007 fishing year will not be
compete until after preparation of this final rule. NMFS does not
currently have information that would support an increase to the
Angling category school BFT subquota for the 2008 fishing year. As
mentioned above, NMFS may need to publish a quota adjustment or other
inseason action in 2008 once landings information for the 2007 fishing
year is complete. However, as 2007 is the first year of the current 4-
year balancing period, NMFS has considerable flexibility over the next
3 years to manage the school BFT fishery (including adjustment of
retention limits) consistent with the ICCAT recommendation that limits
tolerance for school BFT landings to 10 percent of the U.S. TAC,
calculated on a 4-year average (i.e., 2007-2010).
Comment 2: Some commenters opposed the concept of a U.S. quota
transfer to another ICCAT-contracting party. An industry representative
suggested that NMFS fully allocate the quota carryover amount to the
quota categories rather than holding 15-percent of the TAC (178.5 mt)
in the Reserve, and suggests that NMFS subsequently consult with
representatives of applicable quota categories if and when a quota
transfer request is received. This commenter anticipates that such a
request would be initiated by industry in consultation with the
industry of another ICCAT Contracting Party.
Response: The authority to transfer BFT quota to other ICCAT
contracting parties originates with a 2006 ICCAT recommendation, which
allows a contracting party to transfer up to 15 percent of its TAC to
another Contracting Party. NMFS notes that any transfer requests would
be initiated by other ICCAT member countries to the U.S. Government. In
response to a transfer request, the United States (through NMFS) would
evaluate several factors, including the projected ability of U.S.
vessels to harvest the U.S. TAC during the fishing year and potential
impacts to the stock, in a separate action and consider public input on
that action. In these specifications, NMFS is placing 178.5 mt (15
percent of the U.S. TAC) of 2007 fishing year underhavest in the
Reserve so that, if the United States were to approve a transfer, the
quota would be taken from the Reserve and not from category-specific
quotas. NMFS maintains that, should a transfer to another ICCAT
contracting party be considered and approved, it should be taken from
the Reserve, which NMFS specifically holds for purposes of inseason or
annual adjustments and fishery research.
Because of the ICCAT-recommended limit on quota carryover and given
the recent trend of substantial U.S. TAC underharvest, distribution of
178.5 mt of carryover to individual quota categories would not result
in substantially greater future fishing opportunities than holding that
amount in Reserve. Further, the regulations regarding determination
criteria and annual adjustment of the BFT quota at Sec. Sec.
635.27(a)(8) and 635.27(a)(9) allow NMFS to transfer quotas among
categories based on the several criteria (such as a review of landing
trends, the projected ability of the vessels fishing under a particular
category quota to harvest the additional amount of BFT before the end
of the fishing year, the estimated amounts by which quotas for other
categories might be exceeded, the effects of the adjustment on
accomplishing the objectives of the fishery management plan, etc.).
Therefore, should a situation arise in which a BFT domestic quota
transfer from the Reserve to a quota category is needed to avoid
exceeding that category's quota, NMFS could take action as appropriate.
The carryover of BFT underharvest that NMFS proposed, and finalizes
in this action, is consistent with the Consolidated HMS FMP and with
the 2006 ICCAT recommendation to limit carryover to 50 percent of an
ICCAT contracting party's initial TAC. A regulatory amendment would be
required for NMFS not to carry forward unharvested quota from one year
to the next.
B. General Category Effort Controls
Comment 1: As described above, NMFS received comments that the
setting of RFDs is not necessary, as BFT landings in the General
category have been low, and not at a pace that warrants NMFS control
for market purposes.
Response: NMFS agrees that overall landings in the last few years
have been lower than they have since the late 1990s, when NMFS began to
implement RFDs to extend the General category season for as long as
possible to provide fishing opportunities over an expanded temporal and
geographic range. Due to low landings rates in recent years and the
fact that the fishery has not needed to be closed, and based on the
expectation that landings rates in the 2008 fishing season will be
similar, NMFS is not implementing RFDs through this final rule. NMFS
may use its inseason action authority at 50 CFR 635.23(a)(4) to adjust
the General category retention limit if it determines that action is
needed during the fishing year to extend the General category fishery.
Comment 2: One commenter suggested, due to continued underharvest
of BFT, that a General category daily retention limit of two rather
than three BFT measuring 73 inches or greater (as proposed) per vessel
per day/trip, would be appropriate, while still meeting the needs of
commercial BFT fishermen.
Response: NMFS acknowledges the recent low catches in the General
category fishery. NMFS is contributing to research and monitoring
efforts to determine the reasons for the apparent lack of availability
of BFT to the U.S. fishery, i.e., whether due to lower stock abundance
or changes in BFT distribution. In the meantime, NMFS is setting the
General category daily retention limit at three BFT to allow increased
opportunities to harvest the General category quota during periods when
catch rates have historically been low, and to avoid accumulation of
unused quota.
C. Angling Category Effort Controls
Comment 1: NMFS received a range of comments on the Angling
category effort controls. Some commenters supported the Angling
category retention limit as proposed, and some expressed that anglers
should be limited to one fish per day. Related to the comment on the
Angling category school BFT subquota in Section A, one commenter asked
if the daily retention limit for school BFT could be increased without
risking the 4-year average of 119 mt of landings being exceeded.
Response: NMFS currently does not have complete landings estimates
for the 2007 fishing year and therefore does not have sufficient
information to support a change to the 2008 fishing year Angling
category retention limit.
[[Page 74197]]
NMFS may determine, once 2008 estimates are complete, that the
retention limit should be adjusted in order to meet the limit on school
BFT over the 4-year balancing period. NMFS has the authority either to
make inseason adjustments to the Angling category quota during the 2008
fishing year, or, depending on the results of the LPS data and analyses
and the needs of the fishery, may make necessary adjustments (such as
retention limits, quotas, and subquotas) in the 2009 fishing year
specifications and effort controls.
Classification
NMFS publishes these final specifications and effort controls under
the authority of the Magnuson-Stevens Act and ATCA. The Assistant
Administrator for Fisheries (AA) has determined that the regulations
contained in this final rule are necessary to implement the
recommendations of ICCAT and to manage the domestic Atlantic HMS
fisheries, and are consistent with the Magnuson-Stevens Act and its
National Standards.
This final rule 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.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Dated: December 20, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E7-25256 Filed 12-28-07; 8:45 am]
BILLING CODE 3510-22-S
