[Federal Register Volume 72, Number 25 (Wednesday, February 7, 2007)]
[Proposed Rules]
[Pages 5652-5653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2045]


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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.

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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: [email protected]. Include the I.D. number in 
the subject line of the message.
     Federal e-Rulemaking Portal: http://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 [email protected], 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]
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