Pacific Albacore Tuna Fisheries; Vessel List to Establish Eligibility to Fish for Albacore Tuna in Canadian Waters Under the U.S.-Canada Albacore Tuna Treaty, 5652-5653 [E7-2045]
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Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules
promulgation of a final rule or
regulation that is a significant regulatory
action under E.O. 12866 and is likely to
have a significant adverse effect on the
supply, distribution, or use of energy.
Although the regulations addressed in
this rule have been determined to be
significant for the purposes of E.O.
12866, we have determined that the
energy effects are unlikely to exceed the
energy impact thresholds identified in
E.O. 13211. Therefore, this proposed
action is not a significant energy action,
and no Statement of Energy Effects is
required.
50 CFR Part 300
[Docket No. 070119012–7012–01; I.D.
010307B]
For the reasons set out in the
preamble, 50 CFR part 223 is proposed
to be amended as follows:
PART 223—THREATENED MARINE
AND ANADROMOUS SPECIES
1. The authority citation for part 223
continues to read as follows:
Authority: 16 U.S.C. 1531–1543; subpart B,
§ 223.201 202 also issued under 16 U.S.C.
1361 et seq.; 16 U.S.C. 5503(d) for
§ 223.206(d)(9).
2. In § 223.203, paragraphs (a), (b)
introductory text, and (b)(2) are revised
to read as follows:
Anadromous fish.
erjones on PRODPC74 with PROPOSALS
*
*
*
*
(a) Prohibitions. The prohibitions of
section 9(a)(1) of the ESA (16 U.S.C.
1538(a)(1)) relating to endangered
species apply to fish with an intact
adipose fin that are part of the
threatened species of salmonids listed
in § 223.102(c)(3) through (c)(23).
(b) Limits on the prohibitions. The
limits to the prohibitions of paragraph
(a) of this section relating to threatened
species of salmonids listed in
§ 223.102(c)(3) through (c)(23) are
described in the following paragraphs
(b)(1) through (b)(13):
*
*
*
*
*
(2) The prohibitions of paragraph (a)
of this section relating to threatened
Puget Sound steelhead listed in
§ 223.102(c)(23) do not apply to
activities specified in an application for
ESA 4(d) authorization for scientific
purposes or to enhance the conservation
or survival of the species, provided that
the application has been received by the
Assistant Administrator for Fisheries,
VerDate Aug<31>2005
15:08 Feb 06, 2007
Jkt 211001
BILLING CODE 3510–22–S
National Oceanic and Atmospheric
Administration
Dated: February 1, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
*
[FR Doc. E7–2010 Filed 2–6–07; 8:45 am]
DEPARTMENT OF COMMERCE
List of Subjects in 50 CFR Part 223
Endangered and threatened species,
Exports, Imports, Transportation.
§ 223.203
NOAA (AA), no later than 60 days after
the publication of the final rule in the
Federal Register. The prohibitions of
this section apply to these activities
upon the AA’s rejection of the
application as insufficient, upon
issuance or denial of authorization, or 6
months after the publication of the final
rule in the Federal Register, whichever
occurs earliest.
*
*
*
*
*
RIN 0648–AU78
Pacific Albacore Tuna Fisheries;
Vessel List to Establish Eligibility to
Fish for Albacore Tuna in Canadian
Waters Under the U.S.–Canada
Albacore Tuna Treaty
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: NMFS proposes to develop a
new vessel list at the beginning of each
calendar year of U.S. vessels eligible to
fish for albacore tuna in Canadian
waters. The vessel list would revert to
zero vessels on December 31 of each
year, unless NMFS receives a notice for
a vessel to be added to the list for the
upcoming year, with the requisite
information. This proposed regulation
would clarify that the vessel list will
remain valid for a single calendar year.
Updating the list every year is intended
to facilitate the United States’ obligation
to annually provide Canada a current
list of U. S. vessels that are likely to fish
albacore off the coast of Canada.
DATES: Comments must be received by
5 p.m. Pacific Standard Time March 9,
2007.
ADDRESSES: You may submit comments
on this proposed rule, identified by [I.D.
010307B] by any of the following
methods:
• E-mail: albacore.fish@noaa.gov.
Include the I.D. number in the subject
line of the message.
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
• Mail: Rodney R. McInnis, Regional
Administrator, Southwest Region,
NMFS, 501 West Ocean Blvd., Suite
4200, Long Beach, CA 90802–4213.
• Phone: (562)980–4024.
• Fax: (562) 980–4047.
FOR FURTHER INFORMATION CONTACT:
Chris Fanning, Southwest Region,
NMFS, (562) 980–4198 or (562) 980–
4030.
SUPPLEMENTARY INFORMATION: On August
18, 2006, NMFS published a notice (71
FR 47779) revising the methodology to
create a vessel list for 2006 for vessels
eligible to fish for albacore tuna in
Canadian waters. The 1981 Treaty
Between the Government of the United
States of America and the Government
of Canada on Pacific Coast Albacore
Tuna Vessels and Port Privileges
(Treaty), as amended in 2002,
establishes a number of obligations for
both countries to control reciprocal
fishing in waters of one country by
vessels of the other country. One
obligation is that each country is
required to annually provide to the
other country a list of its fishing vessels
that are expected to fish for Pacific
albacore tuna off the coast of the other
country during the upcoming fishing
season, generally June through October
each year.
As described in the 2004 final rule
implementing amendments to the
Treaty (69 FR 31531, June 4, 2004), and
codified at 50 CFR 300.172, the list must
include vessel and owner name,
address, and phone number; USCG
documentation number (or state
registration if not documented); vessel
operator (if different from the owner)
and his or her address with phone
number. Each U.S. vessel must be on the
list for at least 7 days prior to engaging
in fishing under the Treaty. This is
intended to ensure that both countries
have equal information as to eligible
vessels. U.S. and Canadian enforcement
officers need up-to-date lists of eligible
vessels to adequately enforce the Treaty.
Vessel owners who wish their vessels
remain on, or be added to, the vessel list
must contact NMFS at the address
specified at 50 CFR 300.171 (definition
of ‘‘Regional Administrator’’), which is
the address that appears in the
ADDRESSES section above and provide
the required information. NMFS will
notify fishermen by a confirmation letter
or email of the date the request to be on
the list was received.
Before the 2006 fishing season June
through October, NMFS did not require
owners of albacore fishing vessels that
wanted their vessels to be on the list of
U. S. vessels eligible to fish for albacore
tuna in Canadian waters under the
E:\FR\FM\07FEP1.SGM
07FEP1
Federal Register / Vol. 72, No. 25 / Wednesday, February 7, 2007 / Proposed Rules
erjones on PRODPC74 with PROPOSALS
Treaty to contact NMFS. Instead, NMFS
relied on a lengthy list created from
information provided by industry that
was not readily verifiable nor did it
indicate whether each vessel owner
actually wished to fish for albacore tuna
in Canada for any given year. The result
was that NMFS was not able to provide
the Canadian Government an updated
vessel list of vessels owners who
intended to fish for albacore tuna in
Canada for a particular fishing season.
With this proposed rule, NMFS would
amend 50 CFR 300.172 to state
explicitly that the vessel list is effective
for only one calender year and will be
recompiled beginning on January 1 of
each year. Additional vessels may be
added to the list throughout the year in
accordance with 50 CFR 300.172.
Classification
The Regional Administrator, NMFS
Southwest Region, determined that this
proposed rule is consistent with the
Magnuson-Stevens Fishery
Conservation and Management Act, 16
U.S.C. 1801 et seq.
This proposed rule has been
determined to be not significant for the
purposes of Executive Order (E.O.)
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 $4.0
million (NAICS Code 114111). Because
all of the vessels fishing for HMS have
annual receipts below $4.0 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. Based on
historic interest and recent U.S.
participation in 2006, NMFS anticipates
that the rule could impact
approximately 100 vessels annually.
The revision of the methodology for
developing the list of vessels eligible to
fish for albacore tuna in Canadian
waters under the U.S. Canada Albacore
Tuna Treaty presents little burden to the
public. The submission of a request by
a vessel owner with the required
information as a result of this new
regulation is expected to present a
minimal burden. The public reporting
burden for requesting to be placed on
the list of vessels eligible to fish in
Canadian waters is estimated to average
VerDate Aug<31>2005
15:08 Feb 06, 2007
Jkt 211001
0.08 hours per vessel or about 5 minutes
each, including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
The only expected cost to a vessel
owner requesting to be on the eligible
list will be the cost associated with
contacting NMFS by mail, fax, phone, or
email. NMFS also does not anticipate a
drop in profitability based on this rule,
as it should not have a significant effect
on the fishermen’s ability to harvest
HMS. Therefore, the proposed action, if
implemented, will not have a significant
impact on a substantial number of small
entities.
Based on the analysis above, the Chief
Counsel for Regulation of the
Department of Commerce has
determined that there will not be a
significant economic impact to a
substantial number of these small
entities. As a result, a regulatory
flexibility analysis is not required and
none has been prepared.
This proposed rule for revising the
methodology for developing the list of
vessels eligible to fish for albacore tuna
in Canadian waters under the U.S.
Canada Albacore Tuna Treaty presents
contains a collection-of-information
requirement subject to the Paperwork
Reduction Act (PRA) that has been
approved by OMB under control
number 0648–0492. Public reporting
burden for requesting to be placed on
the list of vessels eligible to fish in
Canadian waters is estimated to average
0.08 hours per vessel or about 5 minutes
each, 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 this burden
estimate, or any other aspect of this data
collection, including suggestions for
reducing the burden, to NMFS (see
ADDRESSES) and by e-mail to
DavidlRostker@omb.eop.gov, 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.
Dated: February 1, 2007.
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
part 300 as follows:
PART 300—INTERNATIONAL
FISHERIES REGULATIONS
1. The authority citation for part 300
continues to read as follows:
Authority: Sec. 401, Pub. L. 108–219, 118
Stat. 616 (16 U.S.C. 1821 note).
2. Section 300.172 is revised to read
as follows:
§ 300.172
Vessel list.
The ‘‘vessel list’’ is the list of U.S.
vessels that are authorized to fish under
the Treaty as amended in 2002. Only a
vessel on the list for at least 7 days may
engage in fishing in Canadian waters
under the Treaty as amended in 2002.
The owner of any U.S. vessel that
wishes to be eligible to fish for albacore
tuna under the Treaty as amended in
2002 must provide the Regional
Administrator or his designee with the
vessel name, the owner’s name and
address, phone number where the
owner can be reached, the U.S. Coast
Guard documentation number (or state
registration number if not documented),
and vessel operator (if different from the
owner) and his or her address and
phone number. On the date that NMFS
receives a request that includes all the
required information, NMFS will place
the vessel on the annual vessel list.
NMFS will notify fishermen by a
confirmation letter or email of the date
the vessel was placed on the list.
Because the vessel list will revert to zero
vessels on December 31 of each year, the
required information must be provided
in the manner specified on an annual
basis.
[FR Doc. E7–2045 Filed 2–6–07; 8:45 am]
BILLING CODE 3510–22–S
List of Subjects in 50 CFR Part 300
Fisheries, High seas fishing,
International agreements, Permits,
Reporting and recordkeeping
requirements.
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
5653
E:\FR\FM\07FEP1.SGM
07FEP1
]]>Agencies
[Federal Register Volume 72, Number 25 (Wednesday, February 7, 2007)]
[Proposed Rules]
[Pages 5652-5653]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2045]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 070119012-7012-01; I.D. 010307B]
RIN 0648-AU78
Pacific Albacore Tuna Fisheries; Vessel List to Establish
Eligibility to Fish for Albacore Tuna in Canadian Waters Under the
U.S.-Canada Albacore Tuna Treaty
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to develop a new vessel list at the beginning of
each calendar year of U.S. vessels eligible to fish for albacore tuna
in Canadian waters. The vessel list would revert to zero vessels on
December 31 of each year, unless NMFS receives a notice for a vessel to
be added to the list for the upcoming year, with the requisite
information. This proposed regulation would clarify that the vessel
list will remain valid for a single calendar year. Updating the list
every year is intended to facilitate the United States' obligation to
annually provide Canada a current list of U. S. vessels that are likely
to fish albacore off the coast of Canada.
DATES: Comments must be received by 5 p.m. Pacific Standard Time March
9, 2007.
ADDRESSES: You may submit comments on this proposed rule, identified by
[I.D. 010307B] by any of the following methods:
E-mail: albacore.fish@noaa.gov. Include the I.D. number in
the subject line of the message.
Federal e-Rulemaking Portal: https://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.
Phone: (562)980-4024.
Fax: (562) 980-4047.
FOR FURTHER INFORMATION CONTACT: Chris Fanning, Southwest Region, NMFS,
(562) 980-4198 or (562) 980-4030.
SUPPLEMENTARY INFORMATION: On August 18, 2006, NMFS published a notice
(71 FR 47779) revising the methodology to create a vessel list for 2006
for vessels eligible to fish for albacore tuna in Canadian waters. The
1981 Treaty Between the Government of the United States of America and
the Government of Canada on Pacific Coast Albacore Tuna Vessels and
Port Privileges (Treaty), as amended in 2002, establishes a number of
obligations for both countries to control reciprocal fishing in waters
of one country by vessels of the other country. One obligation is that
each country is required to annually provide to the other country a
list of its fishing vessels that are expected to fish for Pacific
albacore tuna off the coast of the other country during the upcoming
fishing season, generally June through October each year.
As described in the 2004 final rule implementing amendments to the
Treaty (69 FR 31531, June 4, 2004), and codified at 50 CFR 300.172, the
list must include vessel and owner name, address, and phone number;
USCG documentation number (or state registration if not documented);
vessel operator (if different from the owner) and his or her address
with phone number. Each U.S. vessel must be on the list for at least 7
days prior to engaging in fishing under the Treaty. This is intended to
ensure that both countries have equal information as to eligible
vessels. U.S. and Canadian enforcement officers need up-to-date lists
of eligible vessels to adequately enforce the Treaty. Vessel owners who
wish their vessels remain on, or be added to, the vessel list must
contact NMFS at the address specified at 50 CFR 300.171 (definition of
``Regional Administrator''), which is the address that appears in the
ADDRESSES section above and provide the required information. NMFS will
notify fishermen by a confirmation letter or email of the date the
request to be on the list was received.
Before the 2006 fishing season June through October, NMFS did not
require owners of albacore fishing vessels that wanted their vessels to
be on the list of U. S. vessels eligible to fish for albacore tuna in
Canadian waters under the
[[Page 5653]]
Treaty to contact NMFS. Instead, NMFS relied on a lengthy list created
from information provided by industry that was not readily verifiable
nor did it indicate whether each vessel owner actually wished to fish
for albacore tuna in Canada for any given year. The result was that
NMFS was not able to provide the Canadian Government an updated vessel
list of vessels owners who intended to fish for albacore tuna in Canada
for a particular fishing season. With this proposed rule, NMFS would
amend 50 CFR 300.172 to state explicitly that the vessel list is
effective for only one calender year and will be recompiled beginning
on January 1 of each year. Additional vessels may be added to the list
throughout the year in accordance with 50 CFR 300.172.
Classification
The Regional Administrator, NMFS Southwest Region, determined that
this proposed rule is consistent with the Magnuson-Stevens Fishery
Conservation and Management Act, 16 U.S.C. 1801 et seq.
This proposed rule has been determined to be not significant for
the purposes of Executive Order (E.O.) 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 $4.0 million (NAICS Code 114111). Because all of the vessels
fishing for HMS have annual receipts below $4.0 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. Based on historic interest and recent U.S.
participation in 2006, NMFS anticipates that the rule could impact
approximately 100 vessels annually.
The revision of the methodology for developing the list of vessels
eligible to fish for albacore tuna in Canadian waters under the U.S.
Canada Albacore Tuna Treaty presents little burden to the public. The
submission of a request by a vessel owner with the required information
as a result of this new regulation is expected to present a minimal
burden. The public reporting burden for requesting to be placed on the
list of vessels eligible to fish in Canadian waters is estimated to
average 0.08 hours per vessel or about 5 minutes each, including the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. The only expected cost to a vessel owner
requesting to be on the eligible list will be the cost associated with
contacting NMFS by mail, fax, phone, or email. NMFS also does not
anticipate a drop in profitability based on this rule, as it should not
have a significant effect on the fishermen's ability to harvest HMS.
Therefore, the proposed action, if implemented, will not have a
significant impact on a substantial number of small entities.
Based on the analysis above, the Chief Counsel for Regulation of
the Department of Commerce has determined that there will not be a
significant economic impact to a substantial number of these small
entities. As a result, a regulatory flexibility analysis is not
required and none has been prepared.
This proposed rule for revising the methodology for developing the
list of vessels eligible to fish for albacore tuna in Canadian waters
under the U.S. Canada Albacore Tuna Treaty presents contains a
collection-of-information requirement subject to the Paperwork
Reduction Act (PRA) that has been approved by OMB under control number
0648-0492. Public reporting burden for requesting to be placed on the
list of vessels eligible to fish in Canadian waters is estimated to
average 0.08 hours per vessel or about 5 minutes each, 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 this burden
estimate, or any other aspect of this data collection, including
suggestions for reducing the burden, to NMFS (see ADDRESSES) and by e-
mail to David--Rostker@omb.eop.gov, 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.
List of Subjects in 50 CFR Part 300
Fisheries, High seas fishing, International agreements, Permits,
Reporting and recordkeeping requirements.
Dated: February 1, 2007.
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
part 300 as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
1. The authority citation for part 300 continues to read as
follows:
Authority: Sec. 401, Pub. L. 108-219, 118 Stat. 616 (16 U.S.C.
1821 note).
2. Section 300.172 is revised to read as follows:
Sec. 300.172 Vessel list.
The ``vessel list'' is the list of U.S. vessels that are authorized
to fish under the Treaty as amended in 2002. Only a vessel on the list
for at least 7 days may engage in fishing in Canadian waters under the
Treaty as amended in 2002. The owner of any U.S. vessel that wishes to
be eligible to fish for albacore tuna under the Treaty as amended in
2002 must provide the Regional Administrator or his designee with the
vessel name, the owner's name and address, phone number where the owner
can be reached, the U.S. Coast Guard documentation number (or state
registration number if not documented), and vessel operator (if
different from the owner) and his or her address and phone number. On
the date that NMFS receives a request that includes all the required
information, NMFS will place the vessel on the annual vessel list. NMFS
will notify fishermen by a confirmation letter or email of the date the
vessel was placed on the list. Because the vessel list will revert to
zero vessels on December 31 of each year, the required information must
be provided in the manner specified on an annual basis.
[FR Doc. E7-2045 Filed 2-6-07; 8:45 am]
BILLING CODE 3510-22-S
