43564 Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Rules and Regulations 

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 MagnusonStevens 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. 

■ For the reasons set out in the 

preamble, 50 CFR part 660 is 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. Section 660.704 is revised to read 

as follows: 

§ 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] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01] 

RIN 0648–XB81 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

for Trawl Catcher Vessels Participating 

in the Rockfish Entry Level Fishery in 

the Central Regulatory Area of the Gulf 

of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific ocean perch for trawl 

catcher vessels participating in the 

rockfish entry level fishery in the 

Central Regulatory Area of the Gulf of 

Alaska (GOA). This action is necessary 

to prevent exceeding the 2007 total 

allowable catch (TAC) of Pacific ocean 

perch allocated to trawl catcher vessels 

participating in the rockfish entry level 

fishery in the Central Regulatory Area of 

the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 1, 2007, through 

2400 hrs, A.l.t., September 1, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 


cprice-sewell on PROD1PC62 with RULES
Federal Register / Vol. 72, No. 150 / Monday, August 6, 2007 / Rules and Regulations 43565 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

In accordance with § 679.83(a)(1)(i), 

allocations of entry level rockfish to 

trawl catcher vessels participating in the 

rockfish entry level fishery in the 

Central Regulatory Area are first made 

from the Pacific ocean perch TAC. 

Trawl catcher vessels participating in 

the rockfish entry level program are 

allocated northern rockfish and pelagic 

shelf rockfish only if the amount of 

Pacific ocean perch available for 

allocation is less than the total 

allocation allowable for the trawl 

catcher vessels. NMFS has determined 

that the 2007 TAC of Pacific ocean 

perch meets or exceeds the total 

allocation of rockfish allowable for the 

trawl catcher vessels. 

In accordance with § 679.20(d)(1)(i), 

the Administrator, Alaska Region, 

NMFS (Regional Administrator), has 

determined that the 2007 TAC of Pacific 

ocean perch allocated to trawl catcher 

vessels participating in the entry level 

rockfish fishery in the Central 

Regulatory Area will soon be reached. 

Therefore, the Regional Administrator is 

establishing a directed fishing 

allowance of 347 mt, and is setting aside 

the remaining 0 mt as bycatch to 

support other anticipated groundfish 

fisheries. In accordance with 

§ 679.20(d)(1)(iii), the Regional 

Administrator finds that this directed 

fishing allowance has been reached. 

Consequently, NMFS is prohibiting 

directed fishing for Pacific ocean perch 

allocated to trawl catcher vessels 

participating in the entry level rockfish 

fishery in the Central Regulatory Area. 

After the effective date of this closure 

the maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of Pacific ocean perch 

for trawl catcher vessels participating in 

the rockfish entry level fishery in the 

Central Regulatory Area of the GOA. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of July 31, 

2007. 

The AA also finds good cause to 

waive the 30–day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and § 679.83 and is exempt from review 

under Executive Order 12866. 

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

Dated: August 1, 2007. 

Emily Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–3829 Filed 8–1–07; 2:17 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070213032–7032–01] 

RIN 0648–XB79 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

and Pelagic Shelf Rockfish in the 

Western Regulatory Area in the Gulf of 

Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; modification 

of a closure. 

SUMMARY: NMFS is opening directed 

fishing for Pacific ocean perch and 

pelagic shelf rockfish in the Western 

Regulatory Area in the Gulf of Alaska 

(GOA). This action is necessary to fully 

use the 2007 total allowable catch (TAC) 

of Pacific ocean perch and pelagic shelf 

rockfish in the Western Regulatory Area 

in the GOA. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), August 1, 2007, through 

1200 hrs, A.l.t., December 31, 2007. 

Comments must be received at the 

following address no later than 4:30 

p.m., A.l.t., August 16, 2007. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. Comments may be 

submitted by: 

Mail to: P.O. Box 21668, Juneau, AK 

99802; 

Hand delivery to the Federal 

Building, 709 West 9th Street, Room 

420A, Juneau, Alaska; 

FAX to 907–586–7557; 

E-mail to inseason.fakr@noaa.gov and 

include in the subject line of the e-mail 

the document identifier: 

wgpopre.fo.wpd (E-mail comments, 

with or without attachments, are limited 

to 5 megabytes); or 

Webform at the Federal eRulemaking 

Portal: http://www.regulations.gov. 

Follow the instructions at that site for 

submitting comments. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

GOA exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Gulf of 

Alaska (FMP) prepared by the North 

Pacific Fishery Management Council 

under authority of the MagnusonStevens Fishery Conservation and 

Management Act. Regulations governing 

fishing by U.S. vessels in accordance 

with the FMP appear at subpart H of 50 

CFR part 600 and 50 CFR part 679. 

NMFS closed the Pacific ocean perch 

fishery in the Western Regulatory Area 

in the GOA under § 679.20(d)(1)(iii) on 

July 22, 2007 (72 FR 40772, July 25, 

2007) and the pelagic shelf rockfish 

fishery in the Western Regulatory Area 

in the GOA on July 23, 2007 (72 FR 

40773, July 25, 2007). 

NMFS has determined that as of July 

31, 2007 approximately 790 mt remain 

in the 2007 Pacific ocean perch directed 

fishing allowance and 939 mt remain in 

the 2007 pelagic shelf rockfish directed 

fishing allowance in the Western 

Regulatory Area in the GOA. Therefore, 

in accordance with § 679.25(a)(1)(i), 

(a)(2)(i)(C) and (a)(2)(iii)(D), and to fully 

utilize the 2007 TAC of Pacific ocean 

perch and pelagic shelf rockfish in the 

Western Regulatory Area in the GOA, 

NMFS is terminating the previous 

closure and is reopening directed 

fishing for Pacific ocean perch and 

pelagic shelf rockfish in the Western 

Regulatory Area in the GOA. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 


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