[Federal Register Volume 72, Number 74 (Wednesday, April 18, 2007)]
[Proposed Rules]
[Pages 19453-19454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7381]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 070402075-7075-01; 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:  Proposed rule; request for comments.

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SUMMARY:  NMFS issues a proposed rule to amend vessel identification 
regulations of the Fishery Management Plan for U.S. West Coast 
Fisheries for Highly Migratory Species (HMS FMP). The current 
regulatory text requires all commercial fishing vessels and 
recreational charter vessels 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 proposed rule would 
amend the regulatory text to provide an exemption to HMS recreational 
charter vessels in complying with the vessel identification 
requirements. The regulation is necessary to clarify that vessel 
identification requirements apply to HMS commercial fishing vessels and 
not to HMS recreational charter vessels.

DATES: Comments must be received by May 18, 2007.

ADDRESSES: You may submit comments on this proposed rule, I.D. 022807F, 
by any of the following methods:
     E-mail: [email protected]. 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 regulatory 
text in 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 in 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 Fishery 
Management Plan. 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

[[Page 19454]]

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.
    As discussed during the HMS FMP Plan Development phase, the 
Council's intent in recommending the current requirement, was to 
address marking for identification purposes on HMS commercial fishing 
vessels, not recreational charter vessels. Our intent in promulgating 
the rule was to exempt recreational charter vessels from the marking 
requirements, similar to exemptions granted under the Council's 
Groundfish FMP. The current 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. The Council recommended to NMFS that meeting 
this requirement was not necessary as the HMS recreational charter 
vessels were already adequately marked, under existing state and U.S. 
Coast Guard regulations, so as to be identified by enforcement assets 
from both air and sea. In addition to being unnecessary for enforcement 
purposes, compliance with the current marking requirement would detract 
from the aesthetics of the charter vessels and degrade the ``attraction 
factor'' for future clients.

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 327 vessels were permitted under the HMS FMP to operate 
in the HMS recreational charter fishery off the U.S. West Coast in 
2006. This proposed rule would exclude owners of HMS permitted 
recreational charter vessels from the vessel identification regulations 
at 50 CFR 660.704. The cost of maintaining/applying the identification 
numbers is approximately one and one-half hours of labor and the cost 
of approximately 3 gallons of marine paint, or about $20. All vessels 
affected by this rule are considered small business entities; the rule 
should not only have no adverse economic impact to them, but should 
have a direct positive impact to them (i.e., it simply would relieve a 
burden).

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 13, 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. 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 port and 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 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.
[FR Doc. E7-7381 Filed 4-17-07; 8:45 am]
BILLING CODE 3510-22-S