[Federal Register Volume 72, Number 150 (Monday, August 6, 2007)]
[Rules and Regulations]
[Pages 43563-43564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15227]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket number 070718330-7330-02; 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: Final rule.

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SUMMARY: NMFS issues a final rule to amend vessel identification 
regulations of the Fishery Management Plan (FMP) for U.S. West Coast 
Fisheries for Highly Migratory Species (HMS). The current regulatory 
text requires all commercial fishing vessels and recreational charter 
vessels fishing under the HMS FMP 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 final rule exempts 
HMS recreational charter vessels from complying with the vessel 
identification requirements. The regulation is intended to relieve a 
restriction for which the costs outweigh the benefits. Current state 
and Federal (U.S. Coast Guard) marking requirements are sufficient for 
law enforcement personnel to adequately identify HMS recreational 
charter vessels at-sea and the added burden to vessel owners of 
additional vessel marking requirements was deemed unnecessary.

DATES: This final rule is effective September 5, 2007.

FOR FURTHER INFORMATION CONTACT: Craig Heberer, Sustainable Fisheries 
Division, NMFS, 760-431-9440, ext. 303.

ADDRESSES: Rodney R. McInnis, Regional Administrator, Southwest Region, 
NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802 4213.

SUPPLEMENTARY INFORMATION: On April 7, 2004, NMFS published a final 
rule to implement the HMS FMP (69 FR 18444)

[[Page 43564]]

that included regulatory text at 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 
into ports of, 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 FMP. 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 
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.
    The 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. 
This final rule exempts HMS recreational charter vessels from the 
marking requirements at 50 CFR 660.704(b), similar to exemptions 
granted under the Groundfish FMP. Additional information on the 
Council's recommendation to exempt HMS recreational charter vessels is 
contained in the proposed rule (72 FR 19453) for this action and will 
not be repeated here.

Comments and Responses

    During the comment period for the proposed rule, NMFS received two 
comments.
    Comment 1: A Washington State HMS recreational charter boat owner/
operator wrote in favor of the proposed rule based on his opinion that 
current state and federal marking requirements are more than adequate 
to properly identify the HMS recreational charter fleet. He recommended 
adoption of the proposed vessel marking exemption without modification.
    Response: NMFS agrees with the premise that HMS charter 
recreational vessels are adequately marked under existing state and 
federal marking requirements. Providing this exemption to the existing 
marking requirements would not impede law enforcement personnel in 
properly identifying HMS recreational charter vessels.
    Comment 2: A licensed boat captain from Alaska wrote against the 
proposed exemption based on his presumption that exempting vessel 
marking requirements would allow unmarked vessels on the ocean thereby 
hindering law enforcement personnel in properly identifying boats that 
violate existing laws and regulations.
    Response: The HMS recreational charter vessel marking exemption 
will not repeal applicable state and Federal (e.g., US Coast Guard) 
marking requirements already in place. The exemption is a repeal of 
additional HMS FMP marking requirements that are not necessary for 
enforcement.

Classification

    NMFS has determined that the final rule is consistent with the HMS 
FMP and is consistent with the Magnuson-Stevens Fishery Conservation 
and Management Act and other applicable laws.
    The 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 or the economic impact of the rule. 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 July 31, 2007.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

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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. 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 portand 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 atleast 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. E7-15227 Filed 8-3-07; 8:45 am]
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