Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Rules and Regulations 30297 

designated critical habitat for each 

species, lead us to find that exclusion of 

these 23 census tracts and 2 public 

sector projects will not result in 

extinction of any of these 11 listed 

vernal pool plants. Limnanthes floccosa 

ssp. californica occurs on land protected 

by conservation easements on several 

small reserves in Butte County and at 

the Dove Ridge Conservation Bank. 

Lasthenia conjugens exists on protected 

lands on San Francisco Bay National 

Wildlife Refuge, Fort Ord, Travis Air 

Force Base, and the State Route 4 

Preserve. Chamaesyce hooveri occurs on 

the Sacramento NWR Complex, the Vina 

Plains Ecological Preserve, Stone Corral 

Ecological Reserve, and the Bert King 

Ranch. Castilleja campestris spp. 

succulenta occurs on protected lands 

within the Big Table Mountain 

Ecological Reserve and the Big Table 

Mountain Preserve, the Kennedy Table 

Conservation Bank, and the Flying M 

Ranch (Merced Co.). Neostapfia 

colusana occurs on protected lands 

within the Jepson Prairie Preserve and 

the Flying M Ranch. Tuctoria greenei 

occurs on protected lands within the 

Vina Plains Preserve and on the 

Sacramento NWR Complex. Orcuttia 

pilosa occurs on protected lands within 

the Vina Plains Preserve and on the 

Sacramento NWR Complex. Orcuttia 

viscida occurs on protected lands 

within the Phoenix Field Ecological 

Reserve, the Arroyo Seco Conservation 

Bank, and the Sunrise Douglas preserve. 

Orcuttia inaequalis occurs on protected 

lands on the Flying M Ranch and on an 

ecological reserve managed by the 

California Department of Fish and 

Game. Orcuttia tenuis occurs on 

protected lands at the Boggs Lake 

Preserve, the Vina Plains Preserve, the 

Dale’s Lake Ecological Reserve, the 

Stillwater Plains Conservation Banks, 

the Arroyo Seco Conservation Bank, and 

the Sunrise Douglas preserve. Tuctoria 

mucronata occurs on protected land on 

the Jepson Prairie Preserve. 

References Cited 

A complete list of all reference cited 

herein is available upon request from 

the Sacramento Fish and Wildlife Office 

(see FOR FURTHER INFORMATION CONTACT). 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Dated: May 23, 2007. 

Todd Willens, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. E7–10448 Filed 5–30–07; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

RIN 0648–XA57 

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 Atlantic tunas General and Highly 

Migratory Species (HMS) Angling 

categories daily Atlantic bluefin tuna 

(BFT) retention limits should be 

adjusted for the 2007 fishing year, 

which begins on June 1, 2007, and ends 

December 31, 2007. The adjustment will 

allow for maximum utilization of the 

General category June through August 

time-period subquota, and will enhance 

recreational BFT fishing opportunities 

aboard HMS Angling and Charter/ 

Headboat vessels in the early portion of 

the season. Therefore, NMFS increases 

the daily BFT retention limits to provide 

enhanced commercial and recreational 

fishing opportunities in all areas 

without risking overharvest of the 

General and Angling category quotas. 

DATES: The effective dates for the BFT 

daily retention limits are provided in 

Table 1 under SUPPLEMENTARY

INFORMATION. 

FOR FURTHER INFORMATION CONTACT: Brad 

McHale, 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. Section 635.27 subdivides the U.S. 

BFT quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

among the various domestic fishing 

categories. 

NMFS has proposed 2007 fishing year 

specifications to set BFT quotas and to 

set effort controls for the General 

category and Angling category (72 FR 

16318, April 4, 2007). NMFS intends to 

publish a notice in the Federal Register 

to finalize the specifications and effort 

controls in June 2007. 

Daily Retention Limits 

Pursuant to this action, the daily BFT 

retention limits for the Atlantic tunas 

General, 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 

Atlantic tunas General and HMS Charter/ 

Headboat (while fishing commercially) 

June 1 through July 31, 2007, inclusive, 

or through the effective date of the final 

2007 BFT specifications, whichever occurs first. 

All Three BFT per vessel per trip, measuring 

73 inches (185 cm) curved fork length 

(CFL) or greater. 

HMS Angling and HMS Charter/Headboat 

(while fishing commercially) 

June 1 through July 31, 2007, inclusive, 

or through the effective date of the final 

2007 BFT specifications, whichever occurs first. 

All One school BFT measuring 27 inches to 

less than 47 inches CFL (69 cm to less 

than 119 cm) and two large school/small 

medium BFT, measuring 47 inches to 

less than 73 inches CFL (119 cm to less 

than 185 cm) per vessel. 


cprice-sewell on PRODPC61 with RULES
30298 Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Rules and Regulations 

Adjustment of Daily Retention Limits 

Under 50 CFR 635.23(a)(4), NMFS 

may increase or decrease the daily 

retention limit of large medium and 

giant BFT over a range of zero to a 

maximum of three per vessel to provide 

for maximum utilization of the General 

category quota for BFT. In addition, 

under 50 CFR 635.23(b)(3), NMFS may 

increase or decrease the retention limit 

for any size class of BFT, or change a 

vessel trip limit to an angler trip limit 

and vice versa to provide for maximum 

utilization of the Angling category quota 

for BFT over the longest period of time. 

Such adjustments, to either the 

commercial or recreational retention 

limits, are based on NMFS’

consideration of the criteria provided 

under § 635.27(a)(8), which include: the 

usefulness of information obtained from 

catches in the particular category for 

biological sampling and monitoring of 

the status of the stock; the catches of the 

particular category quota to date and the 

likelihood of closure of that segment of 

the fishery if no adjustment is made; the 

projected ability of the vessels fishing 

under the particular category quota to 

harvest the additional amount of BFT 

before the end of the fishing year; the 

estimated amounts by which quotas for 

other gear categories of the fishery might 

be exceeded; effects of the adjustment 

on BFT rebuilding and overfishing; 

effects of the adjustment on 

accomplishing the objectives of the 

fishery management plan; variations in 

seasonal distribution, abundance, or 

migration patterns of BFT; effects of 

catch rates in one area precluding 

vessels in another area from having a 

reasonable opportunity to harvest a 

portion of the category’s quota; and a 

review of dealer reports, daily landing 

trends, and the availability of the BFT 

on the fishing grounds. 

The proposed specification 

considered the same limits and received 

favorable public support. From June 1, 

2007, until the final specifications take 

effect, the default commercial General 

category daily retention limit located at 

§ 635.23(a)(2) is one large medium or 

giant BFT (measuring 73 inches (185 

CM) curved fork length (CFL)) or greater 

per vessel per day/trip. This is the 

retention limit for General category 

permitted vessels and HMS Charter/ 

Headboat permitted vessels (when 

commercially fishing under the General 

category). Also starting on June 1, 2007, 

the default recreational Angling 

category retention limit at 

§ 635.23(b)(2)(ii) is one school, large 

school or small medium BFT 

(measuring 27 inches (69 cm) to less 

than 73 inches (119 cm) CFL) per vessel 

per day/trip. This is the retention limit 

for permitted HMS Angling and HMS 

Charter/Headboat vessels (when 

recreationally fishing under the Angling 

category). 

NMFS has considered the set of 

criteria listed above and their 

applicability to both the commercial 

and recreational BFT retention limits for 

the early portion of the 2007 fishing 

year until the final specifications 

become effective. Based on these 

considerations, NMFS has determined 

that the General category retention 

should be adjusted. Therefore, NMFS 

increases the General and Angling 

category retention limits from the 

default limits effective June 1 through 

July 31, 2007, or until the final 

specifications are effective. This 

adjustment increases the General 

category daily retention limit to three 

large medium or giant BFT, measuring 

73 inches (185 cm) CFL or greater, per 

vessel per day/trip and Angling category 

daily retention limit to one school BFT 

(27 inches (69 cm) to less than 47 inches 

(119 cm)), and two large school/small 

medium BFT (measuring 47 inches (119 

cm) to less than 73 inches (185 cm)) per 

vessel per day/trip. This General 

category retention limit is effective in all 

areas, except for the Gulf of Mexico, and 

apples to those vessel permitted in the 

General category as well as those HMS 

Charter/Headboat permitted vessels 

fishing commercially for BFT. 

This Angling category retention limit 

is effective in all areas, except for the 

Gulf of Mexico, and applies to those 

vessels permitted in the HMS Angling 

category as well as those HMS Charter/ 

Headboat permitted vessels fishing 

recreationally. 

Monitoring and Reporting 

NMFS selected the daily retention 

limits and their duration after 

examining an array of data as it pertains 

to the determination criteria. This data 

included, but was not limited to current 

and previous catch and effort rates, 

quota availability, previous public 

comments on inseason management 

measures, stock status, etc. 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. Depending 

on the level of fishing effort and catch 

rates of BFT, NMFS may determine that 

additional retention limit adjustments 

are necessary to ensure available quota 

is not exceeded or to enhance scientific 

data collection from, and fishing 

opportunities in, all geographic areas. 

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 continues to receive 

information refining its understanding 

of both the commercial and recreational 

sector’s specific needs regarding 

retention limits early in the 2007 

season. NMFSassessments and analyses 

show that there is sufficient quota for an 

increase to the General category 

retention limit as well as an increase to 

the recreational BFT retention limit for 

the start of the 2007 season. Prior 

experience from the past several years 

also has shown that the General and 

Angling categories tend to start slowly 

and adjustment to the retention limits 

are necessary to maximize the 

utilization of the respective quotas. 

NMFS has recently become aware of 

increased availability of large medium 

and giant BFT off southern Atlantic 

fishing grounds from fishing reports, 

vessels participating in other fisheries, 

and landings data from dealers. This 

increase in abundance provides the 

potential to increase General category 

landings rates if fishery participants are 

authorized to harvest three large 

medium or giant BFT per day. NMFS 

has also recently become aware of 

increased availability of recreational 

size class BFT in close proximity to the 

shores of mid-Atlantic states, as 

reported by researchers and recreational 

fishermen in the area, as well as 

communications with staff from state 

agencies. This increase in abundance 

provides the potential to increase 

positive social and indirect economic 

benefits from this recreational portion of 

the BFT fishery. Another benefit of 

increasing the recreational retention 

limit would be the continuation of the 

NMFS length-weight conversion study, 

which is important to the management 

of BFT fisheries. 

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. 


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 72, No. 104 / Thursday, May 31, 2007 / Rules and Regulations 30299 

Affording prior notice and opportunity 

for public comment to implement these 

retention limits is impracticable as it 

would preclude NMFS from acting 

promptly to allow harvest of BFT that 

are available on the fishing grounds. 

Analysis of available data shows that 

the respective General and Angling 

category BFT retention limits may be 

increased with minimal risks of 

exceeding the ICCAT allocated quota. 

Delays in increasing these retention 

limits would adversely affect those 

General, Angling, and Charter/Headboat 

category vessels that would otherwise 

have an opportunity to harvest more 

than the default retention limits one 

BFT per day and may exacerbate the 

problem of low catch rates, quota 

rollovers, or lack of booked charters/ 

private trips. Limited opportunities to 

harvest the respective quotas may have 

negative social and economic impacts to 

U.S. fishermen that either depend upon 

catching the available quota within the 

time periods designated in the HMS 

FMP, or depend on multiple BFT 

retention limits to attract individuals to 

book charters, as well as embarking on 

private recreational trips. For both the 

General and the recreational sectors, an 

adjustment to the retention limits needs 

to be effective June 1, the start of the 

season, for the impacted sectors to 

benefit from the adjustments so as to not 

preclude early season fishing 

opportunities from fishermen who only 

have access to the fishery at the 

beginning of the season. 

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, 

and because this action relieves a 

restriction (i.e., current default retention 

limit is one fish per vessel/trip but this 

action increases that limit and allows 

retention of more fish), there is also 

good cause under 5 U.S.C. 553(d) to 

waive the 30-day delay in effectiveness. 

This action is being taken under 50 

CFR 635.23(a)(4) and (b)(3) and is 

exempt from review under Executive 

Order 12866. 

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

et seq. 

Dated: May 25, 2007. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–2692 Filed 5–25–07; 1:48 pm] 

BILLING CODE 3510–22–S 


cprice-sewell on PRODPC61 with RULES