[Federal Register Volume 72, Number 198 (Monday, October 15, 2007)]
[Rules and Regulations]
[Pages 58258-58259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-20225]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 0612243162-7541-02; 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: Final rule.

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SUMMARY: NMFS issues a final 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 final rule is 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: This final rule is effective November 14, 2007.

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

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 codified 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. Based in part on the Council's 
recommendation, NMFS published a proposed rule on June 27, 2007, to 
establish daily bag limits for albacore and bluefin tuna harvested by 
recreational fishing in the U.S. EEZ off the coast of California (72 FR 
35213).
    NMFS is implementing this final rule pursuant to procedures 
established at 50 CFR 660.709(a)(4) of the implementing regulations for 
the HMS FMP. This final rule establishes a daily bag limit of 10 
albacore tuna harvested by recreational fishing 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 by recreational 
fishing in the U.S. EEZ north of Point Conception to the California-
Oregon border. This rule also establishes a daily bag limit of 10 
bluefin tuna harvested by recreational fishing 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 Point 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 consider these additional state restrictions to be 
consistent with Federal regulations implementing the HMS FMP, including 
this final rule. The final rule has been modified to clarify that 
recreational fisherman are generally subject to the same daily bag 
limits (10 or 25 albacore tuna south or north of Point Conception; 10 
bluefin tuna off California) regardless of the number of days a fishing 
trip lasts unless operating under a California multi-day possession 
permit, in which case the daily bag limits may be multiplied pursuant 
to the restrictions of that program. Language has also been added to 
the final rule to clarify that a fisherman must comply with the most 
strict bag limit applicable to all areas fished during a given trip 
(e.g., if any part of a fishing trip takes place in the EEZ south of 
Point Conception, the 10-albacore bag limit applies even if the port of 
departure and landing or fishing takes place north of Point 
Conception).
    The designation of paragraphs in 50 CFR 660.721 has been revised 
from the proposed rule to reduce complexity and make the regulations 
easier to read.
    This final rule 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).

Comments and Responses

    During the comment period for the proposed rule, NMFS received two 
comments.
    Comment 1: The Science and Policy Coordinator for the Tag-A-Giant 
Foundation wrote in support of the proposed rule to implement a bag 
limit for Pacific bluefin tuna off the California coast but requested 
that NMFS reduce the bag limit from the proposed 10 fish per day to six 
fish per day. The stated rationale for the reduced daily bag limit 
request was to prevent expansion of the recreational fishery and 
potential overfishing that could result. The Coordinator also requested 
the daily bag limit be consistently applied in federal waters off the 
coasts of Oregon and Washington as well given the documented presence 
of bluefin tuna in

[[Page 58259]]

these waters, particularly during El Nino years.
    Response: Establishing a six fish per day bag limit is unnecessary 
given the very minor catch of bluefin tuna in the recreational 
fisheries of all three West Coast states. Based on the best available 
science, bluefin tuna populations in the North Pacific Ocean (NPO) are 
not experiencing overfishing nor are they overfished. NMFS is involved 
in cooperative research and monitoring efforts for the NPO populations 
of bluefin tuna and will, in conjunction with the Pacific Council, take 
necessary steps in the future to implement appropriate conservation 
measures if warranted, including the potential for additional 
regulations to address both commercial and recreational fisheries 
impacts. In a similar vein, expanding the daily bluefin tuna bag limit 
to all three West Coast states is unnecessary based on the limited 
window of recreational catch and effort of bluefin tuna in Federal 
waters off Oregon and Washington.
    Comment 2: The Manager of the Marine Resources Program for the 
Oregon Department of Fish and Wildlife wrote in support of the proposed 
rule stating that the dual limit for tuna off California would make the 
limit off northern California consistent with the limit off Oregon.
    Response: The current Oregon daily bag limit is an aggregate of 25 
fish of offshore pelagic species, which includes all the species of 
tunas found to occur in Oregon waters. NMFS hereby implements daily bag 
limits that are geographically consistent thereby facilitating more 
efficient and enforceable regulations.

Classification

    The Administrator, Southwest Region, NMFS, determined that the FMP 
regulation is necessary for the conservation and management of the U.S. 
West Coast Fisheries for Highly Migratory Species and that it is 
consistent with the Magnuson-Stevens Fishery Conservation and 
Management Act and other applicable laws.
    This 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. 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: October 9, 2007.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

0
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. A new paragraph (qq) is added to section 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.

0
3. Subpart K is amended by adding a new section 660.721 to read as 
follows:


Sec.  660.721  Recreational fishing bag limits.

    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.
    (a) Albacore Tuna Daily Bag Limit. Except pursuant to a multi-day 
possession permit referenced in paragraph (c) of this section, a 
recreational fisherman may take or retain no more than:
    (1) Ten albacore tuna if any part of the fishing trip occurs 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.
    (2) Twenty-five albacore tuna if any part of the fishing trip 
occurs in the U.S. EEZ 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.
    (b) Bluefin Tuna Daily Bag Limit. A recreational fisherman may take 
or retain no more than 10 bluefin tuna in the U.S. EEZ off the coast of 
California.
    (c) 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, aggregating daily 
trip limits for multi-day trips would be deemed consistent with Federal 
law.
    (d) 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. E7-20225 Filed 10-12-07; 8:45 am]
BILLING CODE 3510-22-S