Fisheries Off West Coast States; Highly Migratory Species Fisheries, 43563-43564 [E7-15227]

Download as PDF Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Rules and Regulations procedures for adding species to or removing them from Federal lists. The regulations at 50 CFR 424.11(d) state that a species may be delisted if (1) it becomes extinct, (2) it recovers, or (3) the original classification data were in error. New scientific information has become available since we listed the Idaho springsnail in 1992. Most pertinent among this new information is a taxonomic reappraisal of Natricola snails, published by Hershler and Liu (2004), in a peer-reviewed scientific journal. Their study indicated that this formerly recognized species has been subsumed by a more widely distributed taxon. Because the Idaho springsnail is no longer considered a species as defined by the Act, it does not qualify for listing under the Act. The original classification data related to Pyrgulopsis taxonomy, although considered the best available information at the time of listing, are now thought to be in error. When a listed species is subsumed by another entity, we believe it is prudent to examine the status of the new entity before delisting the subsumed taxon. In our combined 12-month finding and proposed rule we considered whether listing the Jackson Lake springsnail was warranted, and found that it was not (71 FR 56938). Effects of This Rule This action removes the Idaho springsnail from the List of Endangered and Threatened Wildlife. The prohibitions and conservation measures provided by the Act, particularly under sections 7 and 9, no longer apply to the Idaho springsnail. Federal agencies no longer are required to consult with the Service under section 7 of the Act on actions they fund, authorize, or carry out that may affect the Idaho springsnail. There is no designated critical habitat for the Idaho springsnail. cprice-sewell on PROD1PC62 with RULES Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) This rule does not contain any new collections of information that require Office of Management and Budget (OMB) approval under the Paperwork Reduction Act. We may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. National Environmental Policy Act The Service has determined that Environmental Assessments and Environmental Impact Statements, as defined under the authority of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), need not VerDate Aug<31>2005 15:24 Aug 03, 2007 Jkt 211001 be prepared in connection with actions adopted under section 4(a) of the Act. We published a notice outlining our reasons for this determination in the Federal Register on October 25, 1983 (48 FR 49244). This assertion was upheld in the courts of the Ninth Circuit (Douglas County v. Babbitt, 48 F.3d 1495 (9th Cir. Ore. 1995), cert. denied 116 S. Ct. 698 (1996)). Government-to-Government Relationship With Tribes In accordance with the President’s memorandum of April 29, 1994, ‘‘Government-to-Government Relations with Native American Tribal Governments’’ (59 FR 22951), Executive Order 13175, and the Department of the Interior’s manual at 512 DM 2, we readily acknowledge our responsibility to communicate meaningfully with recognized Federal Tribes on a government-to-government basis. Therefore, we have solicited information from Native American Tribes during the comment period and informational briefing to determine potential effects on them or their resources that may result from the delisting of the Idaho springsnail. References A complete list of all references cited is available on request from the Snake River Fish and Wildlife Office, 1387 S. Vinnell Way, Room 368, Boise, ID 83709. Author The primary authors of this document are staff of the U.S. Fish and Wildlife Service (see References Section above). List of Subjects in 50 CFR Part 17 Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. Regulation Promulgation Accordingly, we amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as follows: I PART 17 [AMENDED] Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500; unless otherwise noted. [Amended]. 2. Amend § 17.11(h) by removing the entry ‘‘Springsnail, Idaho (Fontelicella idahoensis)’’ under ‘‘SNAILS’’ from the List of Endangered and Threatened Wildlife. I PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 Dated: July 26, 2007. Randall Luthi, Acting Director, Fish and Wildlife Service. [FR Doc. E7–15111 Filed 8–2–07; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket number 070718330–7330–02; I.D. 022807F] RIN 0648–AU73 Fisheries Off West Coast States; Highly Migratory Species Fisheries National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: SUMMARY: NMFS issues a final rule to amend vessel identification regulations of the Fishery Management Plan (FMP) for U.S. West Coast Fisheries for Highly Migratory Species (HMS). The current regulatory text requires all commercial fishing vessels and recreational charter vessels fishing under the HMS FMP to display their official numbers on the port and starboard sides of the deckhouse or hull, and on an appropriate weather deck (horizontal or flat surface) so as to be visible from enforcement vessels and aircraft. The final rule exempts HMS recreational charter vessels from complying with the vessel identification requirements. The regulation is intended to relieve a restriction for which the costs outweigh the benefits. Current state and Federal (U.S. Coast Guard) marking requirements are sufficient for law enforcement personnel to adequately identify HMS recreational charter vessels at-sea and the added burden to vessel owners of additional vessel marking requirements was deemed unnecessary. This final rule is effective September 5, 2007. DATES: 1. The authority citation for part 17 continues to read as follows: I § 17.11 43563 FOR FURTHER INFORMATION CONTACT: Craig Heberer, Sustainable Fisheries Division, NMFS, 760–431–9440, ext. 303. Rodney R. McInnis, Regional Administrator, Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802 4213. SUPPLEMENTARY INFORMATION: On April 7, 2004, NMFS published a final rule to implement the HMS FMP (69 FR 18444) ADDRESSES: E:\FR\FM\06AUR1.SGM 06AUR1 43564 Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Rules and Regulations cprice-sewell on PROD1PC62 with RULES that included regulatory text at 50 CFR 660.704 requiring display of vessel identification markings for commercial fishing vessels and recreational charter fishing vessels that fish for HMS off, or land HMS into ports of, the States of California, Oregon, and Washington. The identification markings are consistent in size, shape, and location with vessel identification markings required on commercial fishing vessels operating under the Pacific Fishery Management Council’s (Council) Groundfish FMP. The marking requirements at 50 CFR 660.704(b) state that the official number must be affixed to each vessel in block Arabic numerals at least 10 inches (25.40 cm) in height for vessels more than 25 ft (7.62 m) but equal to or less than 65 ft (19.81 m) in length; and 18 inches (45.72 cm) in height for vessels longer than 65 ft (19.81 m) in length. Markings must be legible and of a color that contrasts with the background. The inclusion of HMS recreational charter vessels as part of the vessel identification requirements in the HMS FMP is not consistent with how vessel marking requirements are applied in the Groundfish FMP. This final rule exempts HMS recreational charter vessels from the marking requirements at 50 CFR 660.704(b), similar to exemptions granted under the Groundfish FMP. Additional information on the Council’s recommendation to exempt HMS recreational charter vessels is contained in the proposed rule (72 FR 19453) for this action and will not be repeated here. Comments and Responses During the comment period for the proposed rule, NMFS received two comments. Comment 1: A Washington State HMS recreational charter boat owner/operator wrote in favor of the proposed rule based on his opinion that current state and federal marking requirements are more than adequate to properly identify the HMS recreational charter fleet. He recommended adoption of the proposed vessel marking exemption without modification. Response: NMFS agrees with the premise that HMS charter recreational vessels are adequately marked under existing state and federal marking requirements. Providing this exemption to the existing marking requirements would not impede law enforcement personnel in properly identifying HMS recreational charter vessels. Comment 2: A licensed boat captain from Alaska wrote against the proposed exemption based on his presumption VerDate Aug<31>2005 15:24 Aug 03, 2007 Jkt 211001 that exempting vessel marking requirements would allow unmarked vessels on the ocean thereby hindering law enforcement personnel in properly identifying boats that violate existing laws and regulations. Response: The HMS recreational charter vessel marking exemption will not repeal applicable state and Federal (e.g., US Coast Guard) marking requirements already in place. The exemption is a repeal of additional HMS FMP marking requirements that are not necessary for enforcement. Classification NMFS has determined that the final rule is consistent with the HMS FMP and is consistent with the MagnusonStevens Fishery Conservation and Management Act and other applicable laws. The final rule has been determined to be not significant for purposes of Executive Order 12866. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification or the economic impact of the rule. As a result, a regulatory flexibility analysis was not required and none was prepared. List of Subjects in 50 CFR Part 660 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated July 31, 2007. John Oliver, Deputy Assistant Administrator for Operations, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 660 is amended as follows: I PART 660—FISHERIES OFF THE WEST COAST STATES 1. The authority citation for part 660 continues to read as follows: I Authority: 16 U.S.C. 1801 et seq. 2. Section 660.704 is revised to read as follows: I § 660.704 Vessel identification. (a) General. This section only applies to commercial fishing vessels that fish for HMS off or land HMS in the States of California, Oregon, and Washington. This section does not apply to recreational charter vessels that fish for PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 HMS off or land HMS in the States of California, Oregon, and Washington. (b) Official number. Each fishing vessel subject to this section must display its official number on the portand starboard sides of the deckhouse or hull, and on an appropriate weather deck so as to be visible from enforcement vessels and aircraft. (c) Numerals. The official number must be affixed to each vessel subject to this section in block Arabic numerals atleast 10 inches (25.40 cm) in height for vessels more than 25 ft (7.62 m) but equal to or less than 65 ft (19.81 m) in length; and 18 inches (45.72 cm)in height for vessels longer than 65 ft (19.81 m) in length. Markings must be legible and of a color that contrasts with the background. [FR Doc. E7–15227 Filed 8–3–07; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 070213032–7032–01] RIN 0648–XB81 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch for Trawl Catcher Vessels Participating in the Rockfish Entry Level Fishery in the Central Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: SUMMARY: NMFS is prohibiting directed fishing for Pacific ocean perch for trawl catcher vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the 2007 total allowable catch (TAC) of Pacific ocean perch allocated to trawl catcher vessels participating in the rockfish entry level fishery in the Central Regulatory Area of the GOA. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), August 1, 2007, through 2400 hrs, A.l.t., September 1, 2007. FOR FURTHER INFORMATION CONTACT: Jennifer Hogan, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management E:\FR\FM\06AUR1.SGM 06AUR1

Agencies

[Federal Register Volume 72, Number 150 (Monday, August 6, 2007)]
[Rules and Regulations]
[Pages 43563-43564]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15227]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket number 070718330-7330-02; I.D. 022807F]
RIN 0648-AU73


Fisheries Off West Coast States; Highly Migratory Species 
Fisheries

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

ACTION: Final rule.

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

SUMMARY: NMFS issues a final rule to amend vessel identification 
regulations of the Fishery Management Plan (FMP) for U.S. West Coast 
Fisheries for Highly Migratory Species (HMS). The current regulatory 
text requires all commercial fishing vessels and recreational charter 
vessels fishing under the HMS FMP to display their official numbers on 
the port and starboard sides of the deckhouse or hull, and on an 
appropriate weather deck (horizontal or flat surface) so as to be 
visible from enforcement vessels and aircraft. The final rule exempts 
HMS recreational charter vessels from complying with the vessel 
identification requirements. The regulation is intended to relieve a 
restriction for which the costs outweigh the benefits. Current state 
and Federal (U.S. Coast Guard) marking requirements are sufficient for 
law enforcement personnel to adequately identify HMS recreational 
charter vessels at-sea and the added burden to vessel owners of 
additional vessel marking requirements was deemed unnecessary.

DATES: This final rule is effective September 5, 2007.

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

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

SUPPLEMENTARY INFORMATION: On April 7, 2004, NMFS published a final 
rule to implement the HMS FMP (69 FR 18444)

[[Page 43564]]

that included regulatory text at 50 CFR 660.704 requiring display of 
vessel identification markings for commercial fishing vessels and 
recreational charter fishing vessels that fish for HMS off, or land HMS 
into ports of, the States of California, Oregon, and Washington. The 
identification markings are consistent in size, shape, and location 
with vessel identification markings required on commercial fishing 
vessels operating under the Pacific Fishery Management Council's 
(Council) Groundfish FMP. The marking requirements at 50 CFR 660.704(b) 
state that the official number must be affixed to each vessel in block 
Arabic numerals at least 10 inches (25.40 cm) in height for vessels 
more than 25 ft (7.62 m) but equal to or less than 65 ft (19.81 m) in 
length; and 18 inches (45.72 cm) in height for vessels longer than 65 
ft (19.81 m) in length. Markings must be legible and of a color that 
contrasts with the background.
    The inclusion of HMS recreational charter vessels as part of the 
vessel identification requirements in the HMS FMP is not consistent 
with how vessel marking requirements are applied in the Groundfish FMP. 
This final rule exempts HMS recreational charter vessels from the 
marking requirements at 50 CFR 660.704(b), similar to exemptions 
granted under the Groundfish FMP. Additional information on the 
Council's recommendation to exempt HMS recreational charter vessels is 
contained in the proposed rule (72 FR 19453) for this action and will 
not be repeated here.

Comments and Responses

    During the comment period for the proposed rule, NMFS received two 
comments.
    Comment 1: A Washington State HMS recreational charter boat owner/
operator wrote in favor of the proposed rule based on his opinion that 
current state and federal marking requirements are more than adequate 
to properly identify the HMS recreational charter fleet. He recommended 
adoption of the proposed vessel marking exemption without modification.
    Response: NMFS agrees with the premise that HMS charter 
recreational vessels are adequately marked under existing state and 
federal marking requirements. Providing this exemption to the existing 
marking requirements would not impede law enforcement personnel in 
properly identifying HMS recreational charter vessels.
    Comment 2: A licensed boat captain from Alaska wrote against the 
proposed exemption based on his presumption that exempting vessel 
marking requirements would allow unmarked vessels on the ocean thereby 
hindering law enforcement personnel in properly identifying boats that 
violate existing laws and regulations.
    Response: The HMS recreational charter vessel marking exemption 
will not repeal applicable state and Federal (e.g., US Coast Guard) 
marking requirements already in place. The exemption is a repeal of 
additional HMS FMP marking requirements that are not necessary for 
enforcement.

Classification

    NMFS has determined that the final rule is consistent with the HMS 
FMP and is consistent with the Magnuson-Stevens Fishery Conservation 
and Management Act and other applicable laws.
    The final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification or the economic impact of the rule. As a 
result, a regulatory flexibility analysis was not required and none was 
prepared.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated July 31, 2007.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 660 is amended as 
follows:

PART 660--FISHERIES OFF THE WEST COAST STATES

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

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

0
2. Section 660.704 is revised to read as follows:


Sec.  660.704  Vessel identification.

    (a) General. This section only applies to commercial fishing 
vessels that fish for HMS off or land HMS in the States of California, 
Oregon, and Washington. This section does not apply to recreational 
charter vessels that fish for HMS off or land HMS in the States of 
California, Oregon, and Washington.
    (b) Official number. Each fishing vessel subject to this section 
must display its official number on the portand starboard sides of the 
deckhouse or hull, and on an appropriate weather deck so as to be 
visible from enforcement vessels and aircraft.
    (c) Numerals. The official number must be affixed to each vessel 
subject to this section in block Arabic numerals atleast 10 inches 
(25.40 cm) in height for vessels more than 25 ft (7.62 m) but equal to 
or less than 65 ft (19.81 m) in length; and 18 inches (45.72 cm)in 
height for vessels longer than 65 ft (19.81 m) in length. Markings must 
be legible and of a color that contrasts with the background.
[FR Doc. E7-15227 Filed 8-3-07; 8:45 am]
BILLING CODE 3510-22-S

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