[Federal Register Volume 72, Number 123 (Wednesday, June 27, 2007)]
[Proposed Rules]
[Pages 35213-35214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12430]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 070611120-7120-01; 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:  Proposed rule; request for comments.

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SUMMARY:  NMFS issues a proposed 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 proposed rule would be 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: Comments must be received by July 27, 2007.

ADDRESSES: You may submit comments on this notice, identified by I.D. 
032607A, 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 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. NMFS is initiating rulemaking for this 
action pursuant to procedures established at 50 CFR 660.709(a)(4) of 
the implementing regulations for the HMS FMP.
    This proposed rule would establish a daily bag limit of 10 albacore 
tuna harvested 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 in the U.S. EEZ north of Point Conception to 
the California-Oregon border. This proposed rule would also establish a 
daily bag limit of 10 bluefin tuna 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 Pt. 
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 would consider these additional state restrictions to 
be consistent with Federal regulations implementing the HMS FMP, 
including this proposed rule if implemented. If approved, this 
regulation 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).

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 165 HMS recreational charter vessels based in 
California were permitted under the HMS FMP to operate in the HMS 
recreational fishery off the U.S. West Coast in 2006. The California 
HMS recreational charter vessels are considered small business 
entities. The HMS recreational charter fleet based in Oregon does 
not fish off the coast of California and would therefore not be 
impacted by this proposed rule. A review of historic recreational 
fisheries data in ocean waters adjacent to California by 
recreational anglers, in all marine areas, and all boat-based 
fishing modes from 1997 through 2005 shows that approximately 98 
percent of sampled catches that contained albacore landed less than 
10 fish per day. For the 2 percent of trips that would be impacted 
by this proposed rule, the estimated economic impact equates to a 
potential expenditure loss of 0.08 percent to 1.0 percent. The data 
for bluefin tuna catches shows that 100 percent of the 1997 through 
2005 sampled catches that landed bluefin contained less than six 
fish per day therefore potential expenditure loss under this 
proposed rule would be zero. In addition, the

[[Page 35214]]

proposed imposition of a daily bag limit for these species would not 
constrain continued catch-and-release angling should the bag limits 
be reached further mitigating the potential economic impacts this 
proposed rule would have on recreational fishermen and small 
business entities.

    As a result, an initial regulatory flexibility analysis is not 
required and none has been prepared.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: June 21, 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. A new paragraph (qq) is added to Sec.  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.
    3. Subpart K is amended by adding a new Sec.  660.721 to read as 
follows:


Sec.  660.721  Recreational fishing bag limits.

    (a) General. 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.
    (1) Albacore Tuna Daily Bag Limit. A recreational fisherman may 
take or retain no more than:
    (i) Ten albacore tuna per day 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.
    (ii) Twenty-five albacore tuna per day in waters 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.
    (2) Bluefin Tuna Daily Bag Limit. A recreational fisherman may take 
or retain no more than 10 bluefin tuna per day in the U.S. EEZ off the 
coast of California.
    (3) 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, such restrictions 
would be deemed consistent with Federal law.
    (4) 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. E7-12430 Filed 6-26-07; 8:45 am]
BILLING CODE 3510-22-S