[Federal Register Volume 72, Number 73 (Tuesday, April 17, 2007)]
[Rules and Regulations]
[Pages 19122-19123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7293]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 070119012-7077-02; I.D. 031307B]
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: Final rule.

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SUMMARY: NMFS issues this final rule 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 regulation would clarify that the vessel 
list will remain valid for a single calendar year. Updating the list 
every year will 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. The proposed rule is adopted without 
change.

DATES: This final rule will be effective May 17, 2007.

ADDRESSES: You may submit requests to be placed on the annual list of 
U.S. vessels eligible to fish for albacore tuna in Canadian waters, by 
any of the following methods:
     E-mail: [email protected].
     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.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final rule may be submitted to NMFS Southwest Region and by e-mail to 
[email protected], or fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Chris Fanning, Southwest Region, NMFS, 
(562) 980-4198 or (562) 980-4030.

SUPPLEMENTARY INFORMATION: On February 7, 2007, NMFS published a 
proposed rule (72 FR 5652) proposing to revise the methodology to 
create a vessel list for vessels eligible to fish for albacore tuna in 
Canadian waters. The proposed rule is adopted without change. 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 requires 
each country 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. Canadian and U.S. enforcement officers need up-to-date lists 
of eligible vessels to adequately enforce the Treaty. Vessel owners who 
wish their vessels to remain on, or be added to the vessel list must 
contact NMFS (see ADDRESSES) and provide the required information. NMFS 
will notify fishermen via a confirmation letter or email of the date 
the request to be on the list was received and the date the vessel was 
placed on the list.
    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 Treaty, to contact NMFS. Instead, NMFS relied 
on a lengthy list created from information provided by the industry 
that was not readily verifiable and did not indicate whether each 
vessel owner

[[Page 19123]]

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 final 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.

Comments and Responses

    A proposed rule to implement this action was published on February 
7, 2007, at 72 FR 5652 and comments were solicited through March 9, 
2007. No comments or responses were received.

Classification

    The Regional Administrator, NMFS Southwest Region, determined that 
this final rule is consistent with the Magnuson-Stevens Fishery 
Conservation and Management Act, 16 U.S.C. 1801 et seq.
    This final 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 during the proposed rule stage (72 FR 5652) 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.
    This final 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: April 11, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 300 is amended as 
follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart L--Pacific Albacore Tuna Fisheries

0
1. The authority citation for part 300 subpart L continues to read as 
follows:

    Authority: Sec. 401, Pub. L. 108-219, 118 Stat. 616 (16 U.S.C. 
1821 note).

0
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 USCG 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. E7-7293 Filed 4-16-07; 8:45 am]
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