Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Rules and Regulations 14491 

an initial regulatory flexibility analysis 

was not prepared. In the event that 

reclassification of a fishery to Category 

I or II results in a TRP, economic 

analyses of the effects of that plan will 

be summarized in subsequent 

rulemaking actions. 

This final rule contains collection-ofinformation requirements subject to the 

Paperwork Reduction Act. The 

collection of information for the 

registration of fishers under the MMPA 

has been approved by the Office of 

Management and Budget (OMB) under 

OMB control number 0648–0293 (0.15 

hours per report for new registrants and 

0.09 hours per report for renewals). The 

requirement for reporting marine 

mammal injuries or mortalities has been 

approved by OMB under OMB control 

number 0648–0292 (0.15 hours per 

report). These estimates include 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 these reporting 

burden estimates or any other aspect of 

the collections of information, including 

suggestions for reducing burden, to 

NMFS and OMB (see ADDRESSES and 

SUPPLEMENTARY INFORMATION). 

Notwithstanding any other provision 

of law, no person is required to respond 

to nor shall a person be subject to a 

penalty for failure to comply with a 

collection of information subject to the 

requirements of the Paperwork 

Reduction Act unless that collection of 

information displays a currently valid 

OMB control number. 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866. 

An environmental assessment (EA) 

was prepared under the National 

Environmental Policy Act (NEPA) for 

regulations to implement section 118 of 

the MMPA in June 1995. NMFS revised 

that EA relative to classifying U.S. 

commercial fisheries on the LOF in 

December 2005. Both the 1995 EA and 

the 2005 EA concluded that 

implementation of MMPA section 118 

regulations would not have a significant 

impact on the human environment. This 

final rule would not make any 

significant change in the management of 

reclassified fisheries, and therefore, this 

final rule is not expected to change the 

analysis or conclusion of the 2005 EA. 

If NMFS takes a management action, for 

example, through the development of a 

TRP, NMFS will first prepare an 

environmental document, as required 

under NEPA, specific to that action. 

This final rule will not affect species 

listed as threatened or endangered 

under the Endangered Species Act 

(ESA) or their associated critical habitat. 

The impacts of numerous fisheries have 

been analyzed in various biological 

opinions, and this rule will not affect 

the conclusions of those opinions. The 

classification of fisheries on the LOF is 

not considered to be a management 

action that would adversely affect 

threatened or endangered species. If 

NMFS takes a management action, for 

example, through the development of a 

TRP, NMFS would conduct consultation 

under ESA section 7 for that action. 

This final rule will have no adverse 

impacts on marine mammals and may 

have a positive impact on marine 

mammals by improving knowledge of 

marine mammals and the fisheries 

interacting with marine mammals 

through information collected from 

observer programs, stranding and 

sighting data, or take reduction teams. 

This final rule will not affect the land 

or water uses or natural resources of the 

coastal zone, as specified under section 

307 of the Coastal Zone Management 

Act. 

References 

Angliss, R.P., and D.P. DeMaster. 

1998. Differentiating Serious and Nonserious Injury of Marine Mammals 

Taken Incidental to Commercial Fishing 

Operations: Report of the Serious Injury 

Workshop 1–2 April 1997, Silver 

Spring, Maryland. NOAA Technical 

Memorandum NMFS-OPR–13. 

Chivers, S. J., Baird, R.W., 

McSweeney, D.J., Webster, D., Hedrick, 

N.M. and Salinas, J.C. 2006. Genetic 

variation and evidence for population 

structure in eastern North Pacific false 

killer whales (Pseudorca crassidens). 

Submitted- Canadian Journal of 

Zoology. 

Dated: March 22, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. E7–5709 Filed 3–27–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[I.D. 032107B] 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

retention limit adjustment. 

SUMMARY: NMFS has determined that 

the daily Highly Migratory Species 

(HMS) Angling category retention limits 

for Atlantic bluefin tuna (BFT) should 

be adjusted to maximize the usefulness 

of the information obtained from 

catches for biological sampling. Vessels 

permitted in the HMS Angling and HMS 

Charter/Headboat categories are eligible 

to land BFT under the HMS Angling 

category quota. Therefore, NMFS adjusts 

the daily BFT retention limits for the 

HMS Angling category quota to allow 

landing of school BFT in North Carolina 

during the three-week period from 

March 24, 2007, through April 15, 2007, 

as specified in the SUPPLEMENTARY

INFORMATION section of this document. 

This action is intended to provide 

scientific data that would enhance 

future recreational fishing opportunities 

for the HMS Angling and HMS Charter/ 

Headboat categories, while minimizing 

the risk of an overharvest of the HMS 

Angling category BFT quota. 

DATES: Effective from 12:01 a.m., March 

24, 2007, through 11:59 p.m., April 15, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Dianne Stephan, 978–281–9260. 

SUPPLEMENTARY INFORMATION: 

Regulations implemented under the 

authority of the Atlantic Tunas 

Convention Act (16 U.S.C. 971 et seq.) 

and the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.) governing the harvest of BFT by 

persons and vessels subject to U.S. 

jurisdiction are found at 50 CFR part 

635. 

The 2006 BFT fishing year began on 

June 1, 2006, and ends May 31, 2007. 

The final initial 2006 BFT specifications 

and effort controls were published on 

May 30, 2006 (71 FR 30619). These final 

specifications established retention 

limits for school BFT (measuring 27 

inches (69 cm) to less than 47 inches 

(119 cm)) for the HMS Angling and 

HMS Charter/Headboat categories in 

accordance with the following: (1) 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

recommendation limiting the U.S. catch 

of school BFT to no more than 8 percent 

of total U.S. domestic landings 

calculated as a four-year average; (2) the 

Consolidated HMS Fishery Management 

Plan (FMP) (October 2, 2006, 71 FR 

58058); and (3) the HMS FMP 

implementing regulations at 50 CFR 

635.27. 


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14492 Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Rules and Regulations 

The 2006 fishing year is the fourth 

year in the four-year accounting period 

established by the ICCAT 

recommendation that limits harvest of 

U.S. school BFT. The amount of quota 

available for the fourth year was limited 

to 49.2 metric tons (mt), and the final 

initial 2006 BFT specifications 

established a one school BFT retention 

limit for the HMS Angling and HMS 

Charter/Headboat categories from July 1 

through July 21, 2006, in the area South 

of 39° 18′ N, and from August 25 

through September 14, 2006, in the area 

North of 39° 18′ N. (In addition, these 

permit categories were subject to a 

retention limit of two BFT per vessel 

measuring 47 inches (119cm) to less 

than 73 inches (185 cm) CFL for the 

entire fishing year.) Preliminary draft 

estimates show that all the available 

school quota for 2006 has not been 

harvested, providing an opportunity for 

a limited re-opening for research 

purposes. 

At the Spring 2005 and 2006 HMS 

Advisory Panel (AP) meetings, AP 

members discussed the BFT length to 

weight conversion ratios used in the 

Large Pelagic Survey (LPS) and other 

NMFS analyses, and expressed concern 

that the current ratios over-estimate 

recreational landings. In June 2006, 

NMFS published ‘‘Evaluation of LengthWeight Keys Used to Convert Large 

Pelagics Survey Bluefin Tuna Landings 

Numbers to Weights,’’ which concluded 

that additional research was necessary 

to determine the accuracy of the 

conversion factors in use. During the 

2006 fishing year, NMFS expanded the 

LPS to collect additional data for use in 

re-analyzing length to weight 

conversion factors for BFT. 

In collaboration with NMFS, the 

North Carolina Division of Marine 

Fisheries’ (NCDMF) recreational BFT 

tagging program has been expanded to 

continue to collect these length and 

weight data during Spring 2007. 

Recreationally harvested school BFT 

landed and tagged at NCDMF weigh 

stations will be measured and weighed 

as a part of the NMFS length to weight 

conversion study. NMFS has recently 

been notified that school BFT are now 

available off North Carolina. Thus, 

NMFS is taking this action to allow 

retention of school BFT off North 

Carolina, and landing of school BFT in 

North Carolina ports to collect data for 

the NMFS length to weight conversion 

study. 

Under § 635.23(b)(3), NMFS may 

increase or decrease the HMS Angling 

category daily retention limit based on 

the criteria provided in § 635.27 (a)(8). 

As discussed above, the determination 

to adjust the retention limit is primarily 

based on the usefulness of information 

obtained from catches in the HMS 

Angling and Charter/Headboat 

categories for biological sampling and 

monitoring of the status of the stock 

(§ 635.27 (a)(8)(i)) and the availability of 

school BFT on the fishing grounds 

§ 635.27 (a)(8)(ix). In addition, this 

action would be consistent with the 

objectives of the consolidated HMS 

FMP, and the limited three-week 

duration is anticipated to provide 

sufficient data for the research program 

without over-harvesting the school BFT 

subquota. 

Daily Retention Limits 

Pursuant to this action and the final 

initial 2006 BFT specifications, noted 

above, the daily BFT retention limits for 

HMS Angling and HMS Charter/ 

Headboat categories are as follows: 

TABLE 1. EFFECTIVE DATES FOR RETENTION LIMIT ADJUSTMENTS

Permit Category Effective Dates Areas BFT Size Class Limit 

HMS Angling and HMS Charter/ 

Headboat (while fishing 

recreationally) 

June 1, 2006, through May 31, 

2006, inclusive. 

All Two BFT per vessel per day/trip, 

measuring 47 inches (119 cm) 

curved fork length (CFL) to less 

than 73 inches CFL (185 cm). 

12:01 a.m., March 24, 2007, 

through 11:59 p.m., April 15, 

2007. 

Off North Carolina One BFT per vessel per day/trip, 

measuring 27 inches (69 cm) 

CFL to less than 47 inches 

(119cm) CFL. 

Monitoring and Reporting 

NMFS selected the daily retention 

limits and their duration after 

examining current and previous fishing 

year catch and effort rates, taking into 

consideration public comment on the 

annual specifications and inseason 

management measures for the Angling 

category received during the 2006 BFT 

quota specifications rulemaking process, 

and analyzing the available quota for the 

2006 fishing year. NMFS will continue 

to monitor the BFT fishery closely 

through dealer landing reports, the 

Automated Landings Reporting System, 

state harvest tagging programs in North 

Carolina and Maryland, and the Large 

Pelagics Survey. All school BFT must be 

landed in the state of North Carolina 

and reported and tagged at a state 

reporting station. Depending on the 

level of fishing effort, NMFS may 

determine that additional retention limit 

adjustments are necessary prior to May 

31, 2007. 

Closures or subsequent adjustments to 

the daily retention limits, if any, will be 

published in the Federal Register. In 

addition, fishermen may call the 

Atlantic Tunas Information Line at (888) 

872–8862 or (978) 281–9260, or access 

the internet at www.hmspermits.gov, for 

updates on quota monitoring and 

retention limit adjustments. 

Classification 

The Assistant Administrator for 

NMFS (AA) finds that it is impracticable 

and contrary to the public interest to 

provide prior notice of, and an 

opportunity for public comment on, this 

action for the following reasons: 

NMFS has recently become aware of 

increased availability of school BFT in 

close proximity to the shores of North 

Carolina, as provided by fishing reports 

and communication with NCDMF 

officials and recreational fishermen. 

This increase in abundance provides the 

potential to continue the NMFS length 

to weight conversion study, which is 

crucial to management of BFT fisheries. 

In addition to providing for scientific 

research, increasing the retention limit 

may also provide small positive social 

and economic benefits to fishermen and 

recreational fishing related businesses. 

The regulations implementing the HMS 

FMP provide for inseason retention 

limit adjustments to respond to the 

unpredictable nature of BFT availability 

on the fishing grounds, the migratory 

nature of this species, and the regional 

variations in the BFT fishery. 

Affording prior notice and 

opportunity for public comment to 

adjust this retention limit is 

impracticable as it would preclude 


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Federal Register / Vol. 72, No. 59 / Wednesday, March 28, 2007 / Rules and Regulations 14493 

NMFS from acting promptly to allow 

harvest of BFT that are available on the 

fishing grounds. Analysis of available 

data shows that this increase to the 

school BFT retention limit, over a short 

time span (three weeks) and limited 

area, has minimal risk of exceeding the 

ICCAT allocated school BFT limit, as 

implemented in the 2006 final initial 

BFT specifications. 

Delays in increasing the retention 

limit would be contrary to the public 

interest. Limited opportunities are 

available to sample recreationally 

harvested BFT for research purposes. 

Collaboration with the NCDMF 

recreational BFT tagging program is 

expected to provide a sufficient sample 

size upon which to base scientifically 

valid analyses of length to weight 

conversion factors. Accurate conversion 

factors are crucial for the estimation of 

recreational landings and other stock 

assessment analyses. Incorrect 

conversion factors could overestimate 

harvests, which would negatively 

impact U.S. fishermen both 

economically and socially, or 

underestimate harvests, which could 

negatively impact bluefin tuna stocks. 

Therefore, the AA finds good cause 

under 5 U.S.C. 553(b)(B) to waive prior 

notice and the opportunity for public 

comment. For all of the above reasons, 

there is good cause under 5 U.S.C. 

553(d) to waive the 30–day delay in 

effectiveness. In addition, this action 

relieves a restriction (i.e., this action 

allows retention of more fish). 

This action is being taken under 50 

CFR 635.23(a)(4) and is exempt from 

review under Executive Order 12866. 

Authority: 16 U.S.C. 971 et seq. and 1801 

et seq. 

March 22, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–1485 Filed 3–22–07; 3:23 pm] 

BILLING CODE 3510–22–S 


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