Federal Register / Vol. 72, No. 21 / Thursday, February 1, 2007 / Notices 4691 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 011907C] 

Atlantic Highly Migratory Species; 

Exempted Fishing Permits 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice. 

SUMMARY: NMFS has decided not to 

proceed with issuing exempted fishing 

permits (EFPs) to collect data during 

Atlantic billfish tournaments to evaluate 

the impacts of J-style fishing hooks (Jhooks) and heavy tackle on Atlantic 

blue marlin. NMFS may consider 

potential strategies or mechanisms to 

mitigate impacts on tournaments in the 

future. 

FOR FURTHER INFORMATION CONTACT: 

Russell Dunn or Randy Blankinship, 

727–824–5399; fax: 727–824–5398. 

SUPPLEMENTARY INFORMATION: EFPs are 

requested and issued under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (16 U.S.C. 1801 et seq.) and/or the 

Atlantic Tunas Convention Act (16 

U.S.C. 971 et seq.). Regulations at 50 

CFR 600.745 and 635.32 govern 

scientific research activity, exempted 

fishing, and exempted educational 

activity with respect to Atlantic Highly 

Migratory Species (HMS). NMFS 

received EFP applications from five 

Atlantic billfish tournament operators 

on behalf of 15 tournaments requesting 

exemptions from requirements for 

anglers fishing from HMS permitted 

vessels and participating in Atlantic 

billfish tournaments to use non-offset 

circle hooks when using natural bait 

and natural bait/artificial lure 

combinations. The requests were 

received for tournaments that would 

operate in the U.S. Southeast Atlantic 

and Gulf of Mexico. 

NMFS has considered public 

comment received on the final 

Environmental Impact Statement for the 

final Consolidated HMS Fishery 

Management Plan (October 2, 2006; 71 

FR 58058); comment received during 

the October 3–4, 2006, Highly Migratory 

Species Advisory Panel meeting (August 

30, 2006; 71 FR 51577); and public 

comment received in response to a 

notice of intent to issue EFPs (November 

27, 2006; 71 FR 68558). Comments 

received expressed concern over the 

difficulty of standardizing fishing gear 

type and use in a tournament setting. 

Comments also expressed concern over 

the quality of data collected in a 

tournament setting and the data’s 

scientific applicability given the fishing 

characteristics of tournaments (fast 

paced activity, focus on catching and 

retaining specific species and/or size 

classes, and varying tournament rules). 

Finally, comments were received that 

expressed a general lack of support for 

conducting research and/or data 

collection in tournaments for the 

reasons stated above. NMFS worked 

with billfish tournament constituents to 

address the concerns over study design 

and data collection; however, difficulty 

continued in resolving many of the 

concerns. 

As a result, NMFS has determined 

that collection of data to evaluate the 

impacts of J-hooks and heavy tackle on 

Atlantic blue marlin during billfish 

tournaments in the U.S. Atlantic and 

Gulf of Mexico would be problematic 

because of the varying conditions and 

methodologies discussed above that 

would likely occur within tournaments 

and between tournaments. NMFS will 

consider potential strategies and 

mechanisms other than EFPs to mitigate 

the impacts of specific hook 

requirements on Atlantic billfish 

tournaments and tournament 

participants in future rulemaking. 

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

U.S.C. 1801 et seq. 

Dated: January 29, 2007. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 07–440 Filed 1–29–07; 2:25 pm] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[I.D. 011807C] 

Fisheries of the Northeast Region; 

Fisheries of the Southeast Region; 

Fisheries off West Coast States; and 

Fisheries in the Western Pacific 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of determinations 

of overfishing, and a need to revise a 

rebuilding plan. 

SUMMARY: This action serves as a notice 

that NMFS, on behalf of the Secretary of 

Commerce (Secretary), has determined 

that overfishing is occurring in fisheries 

for northeast winter skate; Gulf of 

Mexico (GOM) gag and gray triggerfish; 

and Eastern Pacific Ocean yellowfin 

tuna. NMFS has also determined that 

the rebuilding plan for GOM greater 

amberjack needs to be revised. NMFS 

notified the respective regional fishery 

management councils (Councils) 

responsible for these fisheries of its 

determinations by letter. The Councils 

are required to take action within one 

year following NMFS notification that 

overfishing is occurring or a stock is 

approaching overfishing, a stock is 

overfished or approaching an overfished 

condition, or existing remedial action 

taken to end overfishing or rebuild an 

overfished stock has not resulted in 

adequate progress. 

FOR FURTHER INFORMATION CONTACT: 

Mark Millikin, telephone: (301) 713- 

2341. 

SUPPLEMENTARY INFORMATION: Pursuant 

to sections 304(e)(2) and (e)(7) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), 16 U.S.C. 

1854(e)(2) and (e)(7), and implementing 

regulations at 50 CFR 600.310(e)(2), 

NMFS sends written notification to 

fishery management councils when 

overfishing is occurring or a stock is 

approaching overfishing; a stock is 

overfished or approaching an overfished 

condition, or existing action taken to 

end previously identified overfishing or 

rebuilding a previously identified 

overfished stock or stock complex has 

not resulted in adequate progress. On 

October 11, 2006, the NMFS Southeast 

Regional Administrator sent a letter, 

notifying the Gulf of Mexico Fishery 

Management Council (GOM Council) 

that overfishing is occurring in GOM gag 

and gray triggerfish. Pursuant to section 

304(e)(7) of the Magnuson-Stevens Act , 

NMFS also notified the GOM Council in 

the same letter that the rebuilding plan 

for GOM greater amberjack needs to be 

revised so that it can still rebuild to the 

stock’s target biomass (Bmsy) by the end 

of the time frame for that stock’s 

rebuilding plan. 

On October 17, 2006, the NMFS 

Northeast Regional Administrator sent a 

letter notifying the New England 

Fishery Management Council that 

overfishing is occurring in the winter 

skate fishery. 

On October 25, 2006, the NMFS 

Southwest Regional Administrator sent 

a letter notifying the Pacific Fishery 

Management Council that overfishing is 

occurring on the Eastern Pacific Ocean 

stock of yellowfin tuna. 

Copies of the notification letters sent 

to the fishery management councils for 

the aforementioned determinations are 


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