Fisheries Off West Coast States; Highly Migratory Species Fisheries, 35213-35214 [E7-12430]
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Federal Register / Vol. 72, No. 123 / Wednesday, June 27, 2007 / Proposed Rules
motor carrier security tracking should
not be taken prior to the completion of
TSA’s pilot, and, in any event, be
carried out under TSA’s legal authority,
rather than primarily as an amendment
to the HMR. By contrast, the proposals
to require use of escorts or a prenotification system do not appear
worthy of further consideration. As
mentioned above, PHMSA will continue
to address safe havens and other issues
related to the storage of explosives
during transportation in Docket HM–
238. In the meantime, PHMSA will
consult and coordinate with TSA on
hazardous materials transportation
security issues in accordance with the
PHMSA–TSA Annex.
Accordingly, PHMSA is withdrawing
the July 16, 2002 ANPRM and
terminating this rulemaking proceeding.
Issued in Washington, DC, on June 1, 2007,
under authority delegated in 49 CFR Part 1.
Theodore L. Willke,
Acting Associate Administrator for
Hazardous Materials Safety.
[FR Doc. E7–12404 Filed 6–26–07; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 070611120–7120–01; I.D.
032607A]
RIN 0648–AU77
Fisheries Off West Coast States;
Highly Migratory Species Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
sroberts on PROD1PC70 with PROPOSALS
AGENCY:
SUMMARY: NMFS issues a proposed rule
to implement daily bag limits for sportcaught albacore tuna (Thunnus
alalunga) and bluefin tuna (Thunnus
orientalis) in the Exclusive Economic
Zone (EEZ) off California under the
Fishery Management Plan for U.S. West
Coast Fisheries for Highly Migratory
Species (HMS FMP). This proposed rule
would be implemented as a
conservation measure as part of the
2007–2009 biennial management cycle
as established in the HMS FMP
Framework provisions for changes to
routine management measures.
DATES: Comments must be received by
July 27, 2007.
VerDate Aug<31>2005
16:41 Jun 26, 2007
Jkt 211001
You may submit comments
on this notice, identified by I.D.
032607A, by any of the following
methods:
• E-mail: 0648–AU77.SWR@noaa.gov.
Include the I.D. number in the subject
line of the message.
• Federal eRulemaking Portal:
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.
• Fax: (562) 980–4047.
FOR FURTHER INFORMATION CONTACT:
Craig Heberer, Sustainable Fisheries
Division, NMFS, 760–431–9440, ext.
303.
ADDRESSES:
On April
7, 2004, NMFS published a final rule to
implement the HMS FMP (69 FR 18444)
that included annual specification
guidelines at 50 CFR 660.709. These
guidelines establish a process for the
Pacific Fishery Management Council
(Council) to take final action at its
regularly-scheduled November meeting
on any necessary harvest guideline,
quota, or other management measure
and recommend any such action to
NMFS. At their November 12–17, 2006,
meeting, the Council adopted a
recommendation to establish daily bag
limits for sport caught albacore and
bluefin tuna harvested in the EEZ off of
California as a routine management
measure for the 2007–2009 biennial
management cycle. NMFS is initiating
rulemaking for this action pursuant to
procedures established at 50 CFR
660.709(a)(4) of the implementing
regulations for the HMS FMP.
This proposed rule would establish a
daily bag limit of 10 albacore tuna
harvested in the U.S. EEZ south of Point
Conception (34° 27′ N. latitude) to the
U.S.-Mexico border and a daily bag limit
of 25 albacore tuna harvested in the U.S.
EEZ north of Point Conception to the
California-Oregon border. This proposed
rule would also establish a daily bag
limit of 10 bluefin tuna in the U.S. EEZ
off the entire California coast. The two
bag limits for albacore tuna are intended
to accommodate differences in fishing
opportunity in the two regions south
and north of Point Conception. The 25
fish albacore tuna bag limit north of
Point Conception is consistent with the
current albacore tuna bag limit
established by the State of Oregon for
recreational fisheries in its waters and
recognizes the more frequent weatherrelated loss of fishing opportunity in
these waters compared to waters south
of Pt. Conception.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
35213
California State regulations allow, by
special permit, the retention of up to
three daily bag limits for a trip occurring
over multiple, consecutive days.
California State regulations also allow
for two or more persons angling for
finfish aboard a vessel in ocean waters
off California to continue fishing until
boat limits are reached. NMFS and the
Council would consider these
additional state restrictions to be
consistent with Federal regulations
implementing the HMS FMP, including
this proposed rule if implemented. If
approved, this regulation will stay in
effect until such time as the Council
and/or NMFS proposes further
modifications as part of the HMS FMP
biennial management cycle process. The
State of California has informed NMFS
that it intends to implement companion
regulations to impose daily albacore and
bluefin bag limits applicable to
recreational angling and possession of
fish in state waters (0–3 nm).
Classification
NMFS has determined that the
proposed rule is consistent with the
HMS FMP and preliminarily
determined that this proposed rule is
consistent with the Magnuson-Stevens
Fishery Conservation and Management
Act and other applicable laws.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
Approximately 165 HMS recreational
charter vessels based in California were
permitted under the HMS FMP to operate in
the HMS recreational fishery off the U.S.
West Coast in 2006. The California HMS
recreational charter vessels are considered
small business entities. The HMS
recreational charter fleet based in Oregon
does not fish off the coast of California and
would therefore not be impacted by this
proposed rule. A review of historic
recreational fisheries data in ocean waters
adjacent to California by recreational anglers,
in all marine areas, and all boat-based fishing
modes from 1997 through 2005 shows that
approximately 98 percent of sampled catches
that contained albacore landed less than 10
fish per day. For the 2 percent of trips that
would be impacted by this proposed rule, the
estimated economic impact equates to a
potential expenditure loss of 0.08 percent to
1.0 percent. The data for bluefin tuna catches
shows that 100 percent of the 1997 through
2005 sampled catches that landed bluefin
contained less than six fish per day therefore
potential expenditure loss under this
proposed rule would be zero. In addition, the
E:\FR\FM\27JNP1.SGM
27JNP1
35214
Federal Register / Vol. 72, No. 123 / Wednesday, June 27, 2007 / Proposed Rules
proposed imposition of a daily bag limit for
these species would not constrain continued
catch-and-release angling should the bag
limits be reached further mitigating the
potential economic impacts this proposed
rule would have on recreational fishermen
and small business entities.
As a result, an initial regulatory
flexibility analysis is not required and
none has been prepared.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: June 21, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 660 is proposed
to be amended as follows:
PART 660—FISHERIES OFF THE WEST
COAST STATES
1. The authority citation for part 660
continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
2. A new paragraph (qq) is added to
§ 660.705 to read as follows:
Prohibitions.
*
sroberts on PROD1PC70 with PROPOSALS
§ 660.705
*
*
VerDate Aug<31>2005
*
*
17:10 Jun 26, 2007
Jkt 211001
(qq) Take and retain, possess on
board, or land, fish in excess of any bag
limit specified in § 660.721.
3. Subpart K is amended by adding a
new § 660.721 to read as follows:
§ 660.721
Recreational fishing bag limits.
(a) General. This section applies to
recreational fishing for HMS
management unit species in the U.S.
EEZ off the coast of California, Oregon,
and Washington and in the adjacent
high seas areas. In addition to
individual fishermen, the operator of a
vessel that fishes in the EEZ is
responsible for ensuring that the bag
limits of this section are not exceeded.
The bag limits of this section apply on
the basis of each 24–hour period at sea,
regardless of the number of trips per
day. The provisions of this section do
not authorize any person to take more
than one daily bag limit of fishing
during one calendar day. Federal
recreational HMS regulations are not
intended to supersede any more
restrictive state recreational HMS
regulations relating to federallymanaged HMS. The bag limits include
fish taken in both state and Federal
waters.
(1) Albacore Tuna Daily Bag Limit. A
recreational fisherman may take or
retain no more than:
(i) Ten albacore tuna per day in the
U.S. EEZ south of a line running due
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
west true from 34° 27′ N. latitude (at
Point Conception, Santa Barbara
County) to the U.S.-Mexico border.
(ii) Twenty-five albacore tuna per day
in waters north of a line running due
west true from 34° 27′ N. latitude (at
Point Conception, Santa Barbara
County) to the California-Oregon border.
(2) Bluefin Tuna Daily Bag Limit. A
recreational fisherman may take or
retain no more than 10 bluefin tuna per
day in the U.S. EEZ off the coast of
California.
(3) Possession Limits. If the State of
California requires a multi-day
possession permit for albacore or
bluefin tuna harvested by a recreational
fishing vessel and landed in California,
such restrictions would be deemed
consistent with Federal law.
(4) Boat Limits. Off the coast of
California, boat limits apply, whereby
each fisherman aboard a vessel may
continue to use recreational angling gear
until the combined daily limits of HMS
for all licensed and juvenile anglers
aboard has been attained (additional
state restrictions on boat limits may
apply). Unless otherwise prohibited,
when two or more persons are angling
for HMS species aboard a vessel in the
EEZ, fishing may continue until boat
limits are reached.
[FR Doc. E7–12430 Filed 6–26–07; 8:45 am]
BILLING CODE 3510–22–S
E:\FR\FM\27JNP1.SGM
27JNP1
]]>Agencies
[Federal Register Volume 72, Number 123 (Wednesday, June 27, 2007)]
[Proposed Rules]
[Pages 35213-35214]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12430]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 070611120-7120-01; I.D. 032607A]
RIN 0648-AU77
Fisheries Off West Coast States; Highly Migratory Species
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS issues a proposed rule to implement daily bag limits for
sport-caught albacore tuna (Thunnus alalunga) and bluefin tuna (Thunnus
orientalis) in the Exclusive Economic Zone (EEZ) off California under
the Fishery Management Plan for U.S. West Coast Fisheries for Highly
Migratory Species (HMS FMP). This proposed rule would be implemented as
a conservation measure as part of the 2007-2009 biennial management
cycle as established in the HMS FMP Framework provisions for changes to
routine management measures.
DATES: Comments must be received by July 27, 2007.
ADDRESSES: You may submit comments on this notice, identified by I.D.
032607A, by any of the following methods:
E-mail: 0648-AU77.SWR@noaa.gov. Include the I.D. number in
the subject line of the message.
Federal eRulemaking Portal: 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.
Fax: (562) 980-4047.
FOR FURTHER INFORMATION CONTACT: Craig Heberer, Sustainable Fisheries
Division, NMFS, 760-431-9440, ext. 303.
SUPPLEMENTARY INFORMATION: On April 7, 2004, NMFS published a final
rule to implement the HMS FMP (69 FR 18444) that included annual
specification guidelines at 50 CFR 660.709. These guidelines establish
a process for the Pacific Fishery Management Council (Council) to take
final action at its regularly-scheduled November meeting on any
necessary harvest guideline, quota, or other management measure and
recommend any such action to NMFS. At their November 12-17, 2006,
meeting, the Council adopted a recommendation to establish daily bag
limits for sport caught albacore and bluefin tuna harvested in the EEZ
off of California as a routine management measure for the 2007-2009
biennial management cycle. NMFS is initiating rulemaking for this
action pursuant to procedures established at 50 CFR 660.709(a)(4) of
the implementing regulations for the HMS FMP.
This proposed rule would establish a daily bag limit of 10 albacore
tuna harvested in the U.S. EEZ south of Point Conception (34[deg] 27'
N. latitude) to the U.S.-Mexico border and a daily bag limit of 25
albacore tuna harvested in the U.S. EEZ north of Point Conception to
the California-Oregon border. This proposed rule would also establish a
daily bag limit of 10 bluefin tuna in the U.S. EEZ off the entire
California coast. The two bag limits for albacore tuna are intended to
accommodate differences in fishing opportunity in the two regions south
and north of Point Conception. The 25 fish albacore tuna bag limit
north of Point Conception is consistent with the current albacore tuna
bag limit established by the State of Oregon for recreational fisheries
in its waters and recognizes the more frequent weather-related loss of
fishing opportunity in these waters compared to waters south of Pt.
Conception.
California State regulations allow, by special permit, the
retention of up to three daily bag limits for a trip occurring over
multiple, consecutive days. California State regulations also allow for
two or more persons angling for finfish aboard a vessel in ocean waters
off California to continue fishing until boat limits are reached. NMFS
and the Council would consider these additional state restrictions to
be consistent with Federal regulations implementing the HMS FMP,
including this proposed rule if implemented. If approved, this
regulation will stay in effect until such time as the Council and/or
NMFS proposes further modifications as part of the HMS FMP biennial
management cycle process. The State of California has informed NMFS
that it intends to implement companion regulations to impose daily
albacore and bluefin bag limits applicable to recreational angling and
possession of fish in state waters (0-3 nm).
Classification
NMFS has determined that the proposed rule is consistent with the
HMS FMP and preliminarily determined that this proposed rule is
consistent with the Magnuson-Stevens Fishery Conservation and
Management Act and other applicable laws.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
Approximately 165 HMS recreational charter vessels based in
California were permitted under the HMS FMP to operate in the HMS
recreational fishery off the U.S. West Coast in 2006. The California
HMS recreational charter vessels are considered small business
entities. The HMS recreational charter fleet based in Oregon does
not fish off the coast of California and would therefore not be
impacted by this proposed rule. A review of historic recreational
fisheries data in ocean waters adjacent to California by
recreational anglers, in all marine areas, and all boat-based
fishing modes from 1997 through 2005 shows that approximately 98
percent of sampled catches that contained albacore landed less than
10 fish per day. For the 2 percent of trips that would be impacted
by this proposed rule, the estimated economic impact equates to a
potential expenditure loss of 0.08 percent to 1.0 percent. The data
for bluefin tuna catches shows that 100 percent of the 1997 through
2005 sampled catches that landed bluefin contained less than six
fish per day therefore potential expenditure loss under this
proposed rule would be zero. In addition, the
[[Page 35214]]
proposed imposition of a daily bag limit for these species would not
constrain continued catch-and-release angling should the bag limits
be reached further mitigating the potential economic impacts this
proposed rule would have on recreational fishermen and small
business entities.
As a result, an initial regulatory flexibility analysis is not
required and none has been prepared.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: June 21, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is
proposed to be amended as follows:
PART 660--FISHERIES OFF THE WEST COAST STATES
1. The authority citation for part 660 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. A new paragraph (qq) is added to Sec. 660.705 to read as
follows:
Sec. 660.705 Prohibitions.
* * * * *
(qq) Take and retain, possess on board, or land, fish in excess of
any bag limit specified in Sec. 660.721.
3. Subpart K is amended by adding a new Sec. 660.721 to read as
follows:
Sec. 660.721 Recreational fishing bag limits.
(a) General. This section applies to recreational fishing for HMS
management unit species in the U.S. EEZ off the coast of California,
Oregon, and Washington and in the adjacent high seas areas. In addition
to individual fishermen, the operator of a vessel that fishes in the
EEZ is responsible for ensuring that the bag limits of this section are
not exceeded. The bag limits of this section apply on the basis of each
24-hour period at sea, regardless of the number of trips per day. The
provisions of this section do not authorize any person to take more
than one daily bag limit of fishing during one calendar day. Federal
recreational HMS regulations are not intended to supersede any more
restrictive state recreational HMS regulations relating to federally-
managed HMS. The bag limits include fish taken in both state and
Federal waters.
(1) Albacore Tuna Daily Bag Limit. A recreational fisherman may
take or retain no more than:
(i) Ten albacore tuna per day in the U.S. EEZ south of a line
running due west true from 34[deg] 27' N. latitude (at Point
Conception, Santa Barbara County) to the U.S.-Mexico border.
(ii) Twenty-five albacore tuna per day in waters north of a line
running due west true from 34[deg] 27' N. latitude (at Point
Conception, Santa Barbara County) to the California-Oregon border.
(2) Bluefin Tuna Daily Bag Limit. A recreational fisherman may take
or retain no more than 10 bluefin tuna per day in the U.S. EEZ off the
coast of California.
(3) Possession Limits. If the State of California requires a multi-
day possession permit for albacore or bluefin tuna harvested by a
recreational fishing vessel and landed in California, such restrictions
would be deemed consistent with Federal law.
(4) Boat Limits. Off the coast of California, boat limits apply,
whereby each fisherman aboard a vessel may continue to use recreational
angling gear until the combined daily limits of HMS for all licensed
and juvenile anglers aboard has been attained (additional state
restrictions on boat limits may apply). Unless otherwise prohibited,
when two or more persons are angling for HMS species aboard a vessel in
the EEZ, fishing may continue until boat limits are reached.
[FR Doc. E7-12430 Filed 6-26-07; 8:45 am]
BILLING CODE 3510-22-S
