Fisheries Off West Coast States; Highly Migratory Species Fisheries, 58258-58259 [E7-20225]
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58258
Federal Register / Vol. 72, No. 198 / Monday, October 15, 2007 / Rules and Regulations
to the supplier by Certified Mail, return
receipt requested, within ten days after
the effective date of the suspension or
extension. A copy of the notice will be
furnished to the Office of the Inspector
General.
(2) The notice will state the cause(s)
for the suspension or extension.
(3) Within thirty days of notice of
suspension or an extension, a supplier
may submit to the vice president,
Supply Management, in writing, any
information or reason(s) the supplier
believes makes a suspension or an
extension inappropriate, and the vice
president, Supply Management, in
consultation with the General Counsel,
will consider the supplier’s submission,
and, in their discretion, may revoke a
suspension or an extension of a
suspension. If a suspension or extension
is revoked, the revocation will be in
writing and a copy of the revocation
will be sent to the supplier by Certified
Mail, return receipt requested. A copy of
the revocation will be furnished to the
Office of the Inspector General.
Stanley F. Mires,
Chief Counsel, Legislative.
[FR Doc. E7–20267 Filed 10–12–07; 8:45 am]
BILLING CODE 7710–12–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 0612243162–7541–02; 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: Final rule.
yshivers on PROD1PC62 with RULES
AGENCY:
SUMMARY: NMFS issues a final 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 final rule is
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.
VerDate Aug<31>2005
13:05 Oct 12, 2007
Jkt 214001
This final rule is effective
November 14, 2007.
ADDRESSES: Rodney R. McInnis,
Regional Administrator, Southwest
Region, NMFS, 501 West Ocean Blvd.,
Suite 4200, Long Beach, CA 90802 4213.
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 codified 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. Based in part on the
Council’s recommendation, NMFS
published a proposed rule on June 27,
2007, to establish daily bag limits for
albacore and bluefin tuna harvested by
recreational fishing in the U.S. EEZ off
the coast of California (72 FR 35213).
NMFS is implementing this final rule
pursuant to procedures established at 50
CFR 660.709(a)(4) of the implementing
regulations for the HMS FMP. This final
rule establishes a daily bag limit of 10
albacore tuna harvested by recreational
fishing 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 by
recreational fishing in the U.S. EEZ
north of Point Conception to the
California-Oregon border. This rule also
establishes a daily bag limit of 10
bluefin tuna harvested by recreational
fishing 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 Point Conception.
California State regulations allow, by
special permit, the retention of up to
DATES:
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
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 consider these additional state
restrictions to be consistent with
Federal regulations implementing the
HMS FMP, including this final rule. The
final rule has been modified to clarify
that recreational fisherman are generally
subject to the same daily bag limits (10
or 25 albacore tuna south or north of
Point Conception; 10 bluefin tuna off
California) regardless of the number of
days a fishing trip lasts unless operating
under a California multi-day possession
permit, in which case the daily bag
limits may be multiplied pursuant to the
restrictions of that program. Language
has also been added to the final rule to
clarify that a fisherman must comply
with the most strict bag limit applicable
to all areas fished during a given trip
(e.g., if any part of a fishing trip takes
place in the EEZ south of Point
Conception, the 10–albacore bag limit
applies even if the port of departure and
landing or fishing takes place north of
Point Conception).
The designation of paragraphs in 50
CFR 660.721 has been revised from the
proposed rule to reduce complexity and
make the regulations easier to read.
This final rule 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).
Comments and Responses
During the comment period for the
proposed rule, NMFS received two
comments.
Comment 1: The Science and Policy
Coordinator for the Tag-A-Giant
Foundation wrote in support of the
proposed rule to implement a bag limit
for Pacific bluefin tuna off the California
coast but requested that NMFS reduce
the bag limit from the proposed 10 fish
per day to six fish per day. The stated
rationale for the reduced daily bag limit
request was to prevent expansion of the
recreational fishery and potential
overfishing that could result. The
Coordinator also requested the daily bag
limit be consistently applied in federal
waters off the coasts of Oregon and
Washington as well given the
documented presence of bluefin tuna in
E:\FR\FM\15OCR1.SGM
15OCR1
Federal Register / Vol. 72, No. 198 / Monday, October 15, 2007 / Rules and Regulations
yshivers on PROD1PC62 with RULES
these waters, particularly during El
Nino years.
Response: Establishing a six fish per
day bag limit is unnecessary given the
very minor catch of bluefin tuna in the
recreational fisheries of all three West
Coast states. Based on the best available
science, bluefin tuna populations in the
North Pacific Ocean (NPO) are not
experiencing overfishing nor are they
overfished. NMFS is involved in
cooperative research and monitoring
efforts for the NPO populations of
bluefin tuna and will, in conjunction
with the Pacific Council, take necessary
steps in the future to implement
appropriate conservation measures if
warranted, including the potential for
additional regulations to address both
commercial and recreational fisheries
impacts. In a similar vein, expanding
the daily bluefin tuna bag limit to all
three West Coast states is unnecessary
based on the limited window of
recreational catch and effort of bluefin
tuna in Federal waters off Oregon and
Washington.
Comment 2: The Manager of the
Marine Resources Program for the
Oregon Department of Fish and Wildlife
wrote in support of the proposed rule
stating that the dual limit for tuna off
California would make the limit off
northern California consistent with the
limit off Oregon.
Response: The current Oregon daily
bag limit is an aggregate of 25 fish of
offshore pelagic species, which includes
all the species of tunas found to occur
in Oregon waters. NMFS hereby
implements daily bag limits that are
geographically consistent thereby
facilitating more efficient and
enforceable regulations.
Classification
The Administrator, Southwest Region,
NMFS, determined that the FMP
regulation is necessary for the
conservation and management of the
U.S. West Coast Fisheries for Highly
Migratory Species and that it is
consistent with the Magnuson-Stevens
Fishery Conservation and Management
Act and other applicable laws.
This 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
VerDate Aug<31>2005
19:01 Oct 12, 2007
Jkt 214001
this certification. 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: October 9, 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. A new paragraph (qq) is added to
section 660.705 to read as follows:
I
§ 660.705
Prohibitions.
*
*
*
*
*
(qq) Take and retain, possess on
board, or land, fish in excess of any bag
limit specified in § 660.721.
I 3. Subpart K is amended by adding a
new section 660.721 to read as follows:
§ 660.721
Recreational fishing bag limits.
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.
(a) Albacore Tuna Daily Bag Limit.
Except pursuant to a multi-day
possession permit referenced in
paragraph (c) of this section, a
recreational fisherman may take or
retain no more than:
(1) Ten albacore tuna if any part of the
fishing trip occurs in the U.S. EEZ south
of a line running due west true from
34°27′ N. latitude (at Point Conception,
Santa Barbara County) to the U.S.Mexico border.
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
58259
(2) Twenty-five albacore tuna if any
part of the fishing trip occurs in the U.S.
EEZ north of a line running due west
true from 34°27′ N. latitude (at Point
Conception, Santa Barbara County) to
the California-Oregon border.
(b) Bluefin Tuna Daily Bag Limit. A
recreational fisherman may take or
retain no more than 10 bluefin tuna in
the U.S. EEZ off the coast of California.
(c) 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,
aggregating daily trip limits for multiday trips would be deemed consistent
with Federal law.
(d) 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. E7–20225 Filed 10–12–07; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 0612242929–7490–02]
RIN 0648–AT93
Fisheries in the Western Pacific;
Precious Corals Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: Black coral resources in the
Au’au Channel, Hawaii, have declined,
possibly due to fishing pressure and an
alien invasive soft coral. Current fishing
regulations require minimum sizes for
the harvest of living black coral colonies
of 48 inches (122 cm) in height or one
inch (2.54 cm) in stem diameter. Current
regulations also exempt certain
fishermen from the minimum stem
diameter requirement, allowing the
harvest of black coral with a smaller 3⁄4
inch (1.91 cm) stem diameter by anyone
who had reported black coral harvests to
the State of Hawaii within
E:\FR\FM\15OCR1.SGM
15OCR1
]]>Agencies
[Federal Register Volume 72, Number 198 (Monday, October 15, 2007)]
[Rules and Regulations]
[Pages 58258-58259]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-20225]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 0612243162-7541-02; 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: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues a final 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 final rule is 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: This final rule is effective November 14, 2007.
ADDRESSES: Rodney R. McInnis, Regional Administrator, Southwest Region,
NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802 4213.
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 codified 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. Based in part on the Council's
recommendation, NMFS published a proposed rule on June 27, 2007, to
establish daily bag limits for albacore and bluefin tuna harvested by
recreational fishing in the U.S. EEZ off the coast of California (72 FR
35213).
NMFS is implementing this final rule pursuant to procedures
established at 50 CFR 660.709(a)(4) of the implementing regulations for
the HMS FMP. This final rule establishes a daily bag limit of 10
albacore tuna harvested by recreational fishing 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 by recreational
fishing in the U.S. EEZ north of Point Conception to the California-
Oregon border. This rule also establishes a daily bag limit of 10
bluefin tuna harvested by recreational fishing 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 Point 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 consider these additional state restrictions to be
consistent with Federal regulations implementing the HMS FMP, including
this final rule. The final rule has been modified to clarify that
recreational fisherman are generally subject to the same daily bag
limits (10 or 25 albacore tuna south or north of Point Conception; 10
bluefin tuna off California) regardless of the number of days a fishing
trip lasts unless operating under a California multi-day possession
permit, in which case the daily bag limits may be multiplied pursuant
to the restrictions of that program. Language has also been added to
the final rule to clarify that a fisherman must comply with the most
strict bag limit applicable to all areas fished during a given trip
(e.g., if any part of a fishing trip takes place in the EEZ south of
Point Conception, the 10-albacore bag limit applies even if the port of
departure and landing or fishing takes place north of Point
Conception).
The designation of paragraphs in 50 CFR 660.721 has been revised
from the proposed rule to reduce complexity and make the regulations
easier to read.
This final rule 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).
Comments and Responses
During the comment period for the proposed rule, NMFS received two
comments.
Comment 1: The Science and Policy Coordinator for the Tag-A-Giant
Foundation wrote in support of the proposed rule to implement a bag
limit for Pacific bluefin tuna off the California coast but requested
that NMFS reduce the bag limit from the proposed 10 fish per day to six
fish per day. The stated rationale for the reduced daily bag limit
request was to prevent expansion of the recreational fishery and
potential overfishing that could result. The Coordinator also requested
the daily bag limit be consistently applied in federal waters off the
coasts of Oregon and Washington as well given the documented presence
of bluefin tuna in
[[Page 58259]]
these waters, particularly during El Nino years.
Response: Establishing a six fish per day bag limit is unnecessary
given the very minor catch of bluefin tuna in the recreational
fisheries of all three West Coast states. Based on the best available
science, bluefin tuna populations in the North Pacific Ocean (NPO) are
not experiencing overfishing nor are they overfished. NMFS is involved
in cooperative research and monitoring efforts for the NPO populations
of bluefin tuna and will, in conjunction with the Pacific Council, take
necessary steps in the future to implement appropriate conservation
measures if warranted, including the potential for additional
regulations to address both commercial and recreational fisheries
impacts. In a similar vein, expanding the daily bluefin tuna bag limit
to all three West Coast states is unnecessary based on the limited
window of recreational catch and effort of bluefin tuna in Federal
waters off Oregon and Washington.
Comment 2: The Manager of the Marine Resources Program for the
Oregon Department of Fish and Wildlife wrote in support of the proposed
rule stating that the dual limit for tuna off California would make the
limit off northern California consistent with the limit off Oregon.
Response: The current Oregon daily bag limit is an aggregate of 25
fish of offshore pelagic species, which includes all the species of
tunas found to occur in Oregon waters. NMFS hereby implements daily bag
limits that are geographically consistent thereby facilitating more
efficient and enforceable regulations.
Classification
The Administrator, Southwest Region, NMFS, determined that the FMP
regulation is necessary for the conservation and management of the U.S.
West Coast Fisheries for Highly Migratory Species and that it is
consistent with the Magnuson-Stevens Fishery Conservation and
Management Act and other applicable laws.
This 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. 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: October 9, 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. A new paragraph (qq) is added to section 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.
0
3. Subpart K is amended by adding a new section 660.721 to read as
follows:
Sec. 660.721 Recreational fishing bag limits.
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.
(a) Albacore Tuna Daily Bag Limit. Except pursuant to a multi-day
possession permit referenced in paragraph (c) of this section, a
recreational fisherman may take or retain no more than:
(1) Ten albacore tuna if any part of the fishing trip occurs 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.
(2) Twenty-five albacore tuna if any part of the fishing trip
occurs in the U.S. EEZ 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.
(b) Bluefin Tuna Daily Bag Limit. A recreational fisherman may take
or retain no more than 10 bluefin tuna in the U.S. EEZ off the coast of
California.
(c) 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, aggregating daily
trip limits for multi-day trips would be deemed consistent with Federal
law.
(d) 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. E7-20225 Filed 10-12-07; 8:45 am]
BILLING CODE 3510-22-S
