Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Proposed Rules 14761 

Dated: March 23, 2007. 

Kenneth Stansell, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. E7–5744 Filed 3–28–07; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 070226045–7045–01; I.D. 

020107A] 

RIN 0648–AT55 

Fisheries in the Western Pacific; 

Western Pacific Pelagic Fisheries; 

Management Measures for Bigeye 

Tuna Pacific-wide and Yellowfin Tuna 

in the Western and Central Pacific 

Ocean 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This proposed rule would 

implement Amendment 14 to the 

Fishery Management Plan for Pelagic 

Fisheries of the Western Pacific Region 

(Pelagics FMP). The amendment 

responds to the Secretary of Commerce’s 

determination that overfishing is 

occurring on bigeye tuna (Thunnus 

obesus) Pacific-wide, and on yellowfin 

tuna (Thunnus albacares) in the western 

and central Pacific Ocean (WCPO). The 

measures in the amendment are 

designed to end overfishing of bigeye 

tuna Pacific-wide and yellowfin tuna in 

the WCPO, as required under the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). Amendment 

14 would establish Federal permitting 

and reporting requirements for all U.S. 

Hawaii-based small boat commercial 

pelagic fishermen. Internationally, 

Amendment 14 would establish for the 

Western Pacific Fishery Management 

Council (Council) an internal protocol 

related to its role in making 

recommendations to the Secretary on 

the management of pelagic fish stocks 

that are managed internationally, 

including its participation in U.S. 

delegations to meetings of regional 

fishery management organizations 

(RFMOs). This amendment also 

recommends that NMFS and the 

Department of State work through the 

RFMOs to immediately end overfishing 

of bigeye tuna Pacific-wide and WCPO 

yellowfin tuna, focusing on fisheries 

with the greatest impact on Pacific 

bigeye tuna and WCPO yellowfin tuna, 

i.e., longline and purse seine fisheries. 

DATES: Comments on the proposed rule 

must be received by May 14, 2007. 

ADDRESSES: You may submit comments 

on the proposed rule, identified by 

AT55Tuna, to any of the following 

addresses: 

• E-mail: AT55Tuna@noaa.gov. 

Include in the subject line the following 

document identifier AT55Tuna. 

Comments sent via email, including all 

attachments, must not exceed a file size 

of 10 megabytes. 

• Federal e-Rulemaking portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail or Hand Delivery: William L. 

Robinson, Regional Administrator, 

NMFS Pacific Islands Region (PIR), 1601 

Kapiolani Blvd, Suite 1110, Honolulu, 

HI 96814–4700. 

An Environmental Assessment (EA) 

was prepared for this amendment. 

Copies of the Pelagics FMP and 

Amendment 14 (containing the EA) may 

be obtained from Kitty M. Simonds, 

Western Pacific Fishery Management 

Council (Council), 1164 Bishop St., 

Suite 1400, Honolulu, HI 96813. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this proposed 

rule may be submitted to William L. 

Robinson (see ADDRESSES), or by e-mail 

to DavidlRostker@omb.eop.gov, or fax 

to 202–395–7285. 

FOR FURTHER INFORMATION CONTACT: Bob 

Harman, NMFS PIR, 808–944–2271. 

SUPPLEMENTARY INFORMATION: On 

December 15, 2004, NMFS notified the 

Western Pacific and Pacific Fishery 

Management Councils that overfishing 

was occurring on bigeye tuna Pacificwide (69 FR 78397, December 30, 2004). 

On March 16, 2006, NMFS notified the 

Western Pacific Council that overfishing 

was occurring on western and central 

Pacific Ocean (WCPO) yellowfin tuna 

(71 FR 14837, March 24, 2006). As 

required by the Magnuson-Stevens Act, 

the Councils were requested to take 

appropriate action to end overfishing. 

Pelagics FMP Amendment 14 contains 

the Western Pacific Council’s 

recommended actions to end 

overfishing for both stocks. 

According to the guidelines for 

National Standard 1 of the MagnusonStevens Act (50 CFR 600.310), fishery 

stock status is assessed with respect to 

two status determination criteria, one of 

which is used to determine whether a 

stock is ‘‘overfished,’’ and the second of 

which is used to determine if the stock 

is subject to ‘‘overfishing.’’ A stock is 

considered to be overfished if its 

biomass falls below the minimum stock 

size threshold (MSST). Overfishing 

means that fishing is occurring at a rate 

or level that jeopardizes the capacity of 

a stock or stock complex to produce 

maximum sustainable yield (MSY) on a 

continuing basis. When a stock is not in 

an overfished condition, the maximum 

fishing mortality threshold (MFMT) is 

equal to the fishing mortality associated 

with MSY (FMSY). The latest stock 

assessments for bigeye tuna in the 

Pacific and WCPO yellowfin tuna have 

concluded that the biomass of neither 

stock is below their respective MSST. 

However, the assessments used as a 

basis for the overfishing determinations 

(conducted in 2003 and 2004 for Pacific 

bigeye tuna and 2005 and 2006 for 

WCPO yellowfin tuna) indicated that 

the then-current level of fishing 

mortality did exceed the stocks’

respective MFMTs. Consequently, 

NMFS determined that overfishing was 

occurring on the Pacific-wide stock of 

bigeye tuna and on the WCPO stock of 

yellowfin tuna. 

Bigeye and yellowfin tuna are highly 

migratory species, and occur in the 

waters of multiple nations and the high 

seas. Consequently, they are targeted by 

fishing fleets of several nations, 

including the United States of America 

(U.S.A.). Until recently, the majority of 

bigeye tuna in the Pacific Ocean was 

caught by longliners, primarily for the 

Japanese sashimi market. During the last 

10 years, however, catches of bigeye 

tuna by purse seiners have increased 

considerably. Purse seine-caught bigeye 

tuna are taken primarily when purse 

seiners targeting skipjack and yellowfin 

tuna set their nets around fish 

aggregating devices (FADs). Smaller 

amounts are also taken by handline and 

troll vessels. Yellowfin tuna in the 

WCPO are caught primarily by purse 

seiners. WCPO longline, pole-and-line, 

handline and troll fisheries also catch 

substantial amounts of yellowfin tuna. 

In 2004, estimated bigeye tuna catches 

by U.S. commercial fisheries under the 

Council’s authority amounted to 5,163 

mt, or 2.3 percent of the 2004 total 

Pacific-wide bigeye tuna catch. In 2004, 

estimated yellowfin tuna catches by 

U.S. commercial fisheries under the 

Council’s authority amounted to 2,383 

mt, or about 0.35 percent of the 2004 

total Pacific-wide yellowfin tuna catch, 

and 0.58 percent of the yellowfin tuna 

caught in the WCPO. These figures 

indicate that the capacity for unilateral 

action by the U.S.A. to prevent or end 

overfishing is limited, as is the capacity 


pwalker on PROD1PC71 with PROPOSALS
14762 Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Proposed Rules 

for any action taken by the Council to 

end overfishing on these fish stocks. 

In response to concerns about the 

condition of the bigeye tuna stock in the 

Eastern Pacific Ocean, the InterAmerican Tropical Tuna Commission 

(IATTC) adopted management 

measures, commencing with temporal 

closures of purse-seine fishing and 

bigeye tuna catch limits for longline 

vessels. Within the area of competence 

of the IATTC, the longline fleets of 

China, Japan, Korea, and Chinese Taipei 

were allocated specific catch limits. 

Other member nations of the IATTC 

were allocated bigeye tuna catch limits 

equivalent to their respective 2001 

catches. The U.S. longline fleet-wide 

bigeye tuna limit was set at 150 mt, 

although this quota will increase to 500 

mt in 2007. (The IATTC’s June 2006 

resolution allows for a quota of 500 mt, 

and the U.S. implementing regulations 

are still being reviewed for 

implementation in the near future.) 

The U.S.A. is a Cooperating Nonmember of the Commission on the 

Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(WCPFC). (Although the implementing 

legislation for U.S. membership in the 

WCPFC has been signed, the U.S.A. has 

not formally ratified the Convention on 

the Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(Convention) or become a member of the 

Commission.) The WCPFC, established 

under the Convention, adopted 

conservation and management measures 

for WCPO yellowfin tuna and WCPO 

bigeye tuna in 2005 and 2006. The 

measures include national limits on 

bigeye tuna catches by longline fisheries 

in the Convention area (which overlaps 

with the area of competence of the 

IATTC), based on such members’

average 2001–04 catches, or for China 

and the U.S.A., based on their 2004 

catches. These limits will remain in 

effect through 2008. WCPFC cooperating 

non-members, and participating 

territories (together abbreviated as 

CCMs) that caught less than 2,000 mt by 

longlines in 2004, may take up to 2,000 

mt each year from 2006–08. 

For yellowfin tuna, for which the 

main source of fishing mortality in the 

WCPO is purse seine fishing, the 

WCPFC established measures for purse 

seiners within the Convention Area (in 

the area between 20° N and 20° S 

latitude). Starting in 2006, CCMs are 

required to take necessary measures to 

ensure purse seine effort levels do not 

exceed either 2004 levels, or the average 

of 2001 to 2004 levels, in waters under 

their national jurisdiction. Starting in 

2007, CCMs must limit effort on the 

high seas by their purse seine vessels to 

those same baseline levels. Also 

beginning n 2007, CCMs must limit the 

fishing capacity of their fisheries other 

than longline and tropical purse seine 

fisheries to the same baseline levels. 

The adopted measures also require 

CCMs to develop management plans for 

the use of FADs in waters under 

national jurisdiction and on the high 

seas. 

The 2004 overfishing determination 

for Pacific-wide bigeye tuna relied on 

assessments from two approaches: one 

assuming a single Pacific-wide stock 

(assessment completed in July 2003), 

and the other assuming two stocks, one 

in the WCPO, corresponding to the area 

of competence of the WCPFC 

(assessment completed in July 2004), 

and the other in the eastern Pacific 

Ocean (EPO), corresponding to the area 

of competence of the IATTC (assessment 

completed in May 2004). The 

overfishing determinations relied on 

assessment results from each of these 

approaches, but did not rely on any 

assumptions or conclusions about stock 

structure. The July 2004 assessment for 

the WCPO stock indicated a probability 

of at least 67 percent that the recent 

fishing mortality rate exceeded the 

fishing mortality rate associated with 

MSY, known as the Maximum Fishing 

Mortality Threshold (MFMT). The May 

2004 assessment for the EPO stock 

indicated that in all scenarios 

considered, the recent fishing mortality 

rate exceeded the MFMT. The results of 

the 2003 assessment for the Pacific-wide 

stock were similar in that the recent 

fishing mortality rate exceeded the 

MFMT. The results from the 2003 and 

2004 assessments showed that the level 

of fishing mortality Fcurrent was at or 

above the fishing mortality at MSY 

(FMSY), i.e., Fcurrent/FMSY = 0.90–1.30 for 

bigeye tuna Pacific-wide. The latest 

assessment for bigeye tuna in the WCPO 

estimated, in the base case model, that 

Fcurrent/FMSY = 1.32 (Fcurrent was taken to 

be the 2001–04 average fishing 

mortality-at-age). The probability of 

Fcurrent being greater than FMSY was 

estimated to be 100 percent. The Pacificwide stock was found not to be 

overfished, but could become so if 

levels of fishing mortality are not 

reduced. 

In 2005, the Scientific Committee of 

the WCPFC reviewed a stock assessment 

for the WCPO stock of yellowfin tuna 

that indicated that the stock was likely 

subject to overfishing. The then-current 

rate of fishing mortality Fcurrent was 

found to be likely in excess of the 

MFMT, with an Fcurrent/FMSY = 1.0 –

2.33. The latest assessment for yellowfin 

tuna in the WCPO, conducted in 2006 

estimated, in the base case model, that 

Fcurrent/FMSY = 1.11 (Fcurrent was taken to 

be the 2001–04 average fishing 

mortality-at-age). The probability of 

Fcurrent being greater than FMSY was 

estimated to be 73 percent. The WCPO 

stock was found not to be overfished, 

but could become so if levels of fishing 

mortality are not reduced. 

Because bigeye and yellowfin tuna are 

taken by handline and troll vessels, 

Pelagics FMP Amendment 14 contains 

measures to assess the impact of small 

boat fisheries in Hawaii on these 

species, as well as other pelagic fishes, 

in the WCPO. Specifically, the Council 

recommended that NMFS enhance the 

data collection for U.S. Hawaii-based 

small boat fishing through mandatory 

Federal permits and data-collection 

programs (logbooks) for commercial 

pelagic fisheries, and improved surveys 

and voluntary reporting for recreational 

pelagic fisheries. 

Pelagics FMP Amendment 14 

acknowledges that the Council 

recommended a control date of June 2, 

2005, for entry into the small boat 

commercial pelagic fisheries in U.S. 

EEZ waters around Hawaii. On August 

15, 2005, NMFS published a notice of 

this control date (70 FR 47781). The 

amendment also acknowledges that the 

Council recommended a control date of 

June 2, 2005, for entry into domestic 

longline and purse seine fisheries in 

U.S. EEZ waters in the western Pacific. 

On August 15, 2005, NMFS published a 

notice of this control date (70 FR 

47782). These control dates were 

implemented to notify the public that 

future participation in these fisheries 

was not guaranteed if the Council and 

NMFS developed and implemented 

limited access programs for the 

fisheries. Establishment of these control 

dates does not, however, commit the 

Council or NMFS to any particular 

management regime or criteria for entry 

into these fisheries. 

The international scope of the 

overfishing situation for bigeye tuna 

Pacific-wide and WCPO yellowfin tuna 

indicates that measures to meaningfully 

address the problem must be addressed 

through international institutions. 

Unilateral management action for 

Council-managed pelagic fisheries could 

help reduce the fishing mortality, but 

would be insufficient to end 

overfishing. Thus, international 

measures are a fundamental component 

of FMP Amendment 14 to end 

overfishing on these tuna stocks. 

Internationally, Pelagics FMP 

Amendment 14 contains several 

proposed non-regulatory measures and 

recommendations, including the 


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Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Proposed Rules 14763 

establishment for the Council of an 

internal protocol related to its role in 

making recommendations to the 

Secretary on the management of pelagic 

fish stocks that are managed 

internationally (including steps the 

Council would take to monitor the 

status of internationally managed fish 

stocks, participate in U.S. delegations in 

meetings with RFMOs, and follow the 

activities of RFMOs). The Council also 

recommends that NMFS and the 

Department of State work through the 

RFMOs to immediately end overfishing 

of bigeye tuna Pacific-wide and WCPO 

yellowfin tuna, focusing on fisheries 

with the greatest impact on Pacific 

bigeye tuna and WCPO yellowfin tuna, 

i.e., longline and purse seine fisheries. 

Specific international recommendations 

include plans for reducing longline 

fishing capacity, reducing purse seine 

fishing capacity and restrictions on the 

use of FADs while purse seine fishing, 

establishment and gradual reduction of 

national quotas, and other measures. 

This proposed rule is consistent with 

section 406 of the Magnuson-Stevens 

Reauthorization Act (MSRA, Public Law 

109–479), which added a new 

subsection 304(i) to the MSA. Section 

304(i) requires the Secretary to, among 

other things, in cooperation with the 

Secretary of State, immediately take 

appropriate action at the international 

level to end overfishing for fisheries that 

the Secretary has determined (a) to be 

overfished or approaching a condition 

of being overfished due to excessive 

international fishing pressure, and (b) 

for which there are no management 

measures to end overfishing under an 

international agreement to which the 

United States is a party. NMFS has 

made a determination that both of these 

conditions are present, and these 

measures are, therefore, proposed 

pursuant to subsection 304(i). 

This proposed rule recognizes that 

Pacific bigeye tuna and WCPO yellowfin 

tuna are exploited in waters under US 

jurisdiction, waters under the 

jurisdiction of other nations, and on the 

high seas by foreign fishing fleets along 

with the U.S. fleet. U.S. fisheries 

account for only a small percentage of 

the Pacific bigeye and WCPO yellowfin 

tuna harvests. Thus, fishing mortality of 

these tuna stocks stems predominantly 

from non-U.S. fleets in the region, and 

any unilateral management action to 

end overfishing by the U.S.A. would 

have a proportionally small effect in 

terms of reducing fishing mortality and 

ending overfishing. The Council has 

developed recommendations in 

Amendment 14 for domestic regulations 

to address the relative impact of U.S. 

fishing vessels on the affected stocks. 

Also in Amendment 14, the Council 

proposes to recommend, to NMFS and 

the Secretary of State, international 

actions to end overfishing in the 

fisheries. NMFS, in collaboration with 

the Councils and State Department, is 

working to end overfishing through the 

international bodies governing the 

conservation and management of Pacific 

bigeye and WCPO yellowfin tunas. 

Existing Pelagics FMP measures for 

bigeye Pacific-wide and WCPO 

yellowfin tuna have been implemented 

to address the relative impact of U.S. 

fishing vessels within the meaning of 

MSA Section 304(i)(2)(A). These 

measures include limited access 

programs, mandatory data collection, 

scientific observers, vessel size limits 

and gear specifications, and a vessel 

monitoring system. The additional 

domestic measures, proposed in this 

rule, would establish permit and 

reporting requirements for Hawaii-based 

small-boat pelagic fisheries to improve 

the quantity and quality of information 

on the harvest of Pacific bigeye and 

WCPO yellowfin tunas. 

Bigeye tuna is also a management unit 

species under the Pacific Fishery 

Management Council’s Fishery 

Management Plan for U.S. West Coast 

Fisheries for Highly Migratory Species 

(HMS FMP). The Pacific Council has 

worked with the Western Pacific 

Council to develop a response to the 

determination of overfishing on bigeye 

tuna Pacific-wide. Amendment 1 to the 

Pacific Council’s HMS FMP is 

consistent with relevant elements of 

Pelagics FMP Amendment 14 to end 

overfishing of bigeye tuna. 

Comments on this proposed rule must 

be received by May 14, 2007. Public 

comment is specifically sought 

regarding the proposed Federal data 

collection requirements for small boat 

commercial pelagic fishermen in 

Hawaii, including the necessity of, and 

possible alternative means for, the 

proposed data collection program in 

light of existing programs collecting 

data for the same fisheries. To be 

considered, comments must be received 

by close of business on May 14, 2007, 

not postmarked or otherwise 

transmitted by that date. 

In addition to soliciting public 

comments on this proposed rule, NMFS 

is soliciting comments on proposed 

FMP Amendment 14 through April 16, 

2007 (as stated in the Notice of 

Availability published on February 15, 

2007, 72 FR 7385). Public comments on 

this proposed rule, if received by April 

16, 2007, will also be considered in the 

approval/disapproval decision for 

Amendment 14. Comments received 

after that date will not be considered in 

the approval/disapproval decision for 

Amendment 14, but will be considered 

for this proposed rule. 

Classification 

At this time, NMFS has not 

determined that Pelagics FMP 

Amendment 14, which this proposed 

rule would implement, is consistent 

with the national standards of the 

Magnuson-Stevens Fishery 

Conservation and Management Act and 

other applicable laws. NMFS, in making 

that determination, will take into 

account the data, views, and comments 

received during the comment period. 

This proposed 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 that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

The analysis follows: 

The statutory basis for this rule is the 

Magnuson-Stevens Fishery Conservation and 

Management Act (MSA). The objective of this 

rulemaking is to address overfishing of 

Pacific bigeye tuna, and yellowfin tunas in 

the WCPO by improving databases required 

for more accurate assessments. The rule will 

directly impact 1,646 vessels comprising the 

entire Hawaii-based commercial pelagic 

small boat fisheries. Therefore, a substantial 

number (100 percent) of the affected universe 

of small entities will be impacted by this 

rulemaking. The fishery includes troll, 

handline, offshore handline, and pole-andline vessels. All vessels participating in this 

fishery are considered to be small entities 

under the current Small Business 

Administration definition of small fishharvesting businesses (gross receipts not in 

excess of $ 4.0 million). Therefore, there are 

no disproportionate impacts between small 

and large entities under this rule. In addition, 

there are no disproportionate economic 

impacts among vessels by gear, geographic 

area fished or home-ported, or vessel 

characteristics resulting from this 

rulemaking. The analysis of economic 

impacts relies on changes in net revenue as 

a proxy for profitability. Each permit is 

anticipated to cost approximately $80 

annually in the form of an administrative fee 

representing from 2% to less than 1% of 

annual per vessel revenues by gear type. 

Expected economic costs per vessel resulting 

from implementation of this rule is $107, 

including opportunity cost ($25 per hour x 

1.09 hours) reflecting the individual annual 

burden hours of filling out and submitting 

the logbook. Using an average annual 

revenue per vessel of $5,496, the cost to the 

vessel would be approximately 1.75% of 

annual revenue. Based on this small relative 

decrease in net revenues resulting from this 

rulemaking, NMFS has concluded that this 

action will not have a significant economic 

impact on a substantial number of small 


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14764 Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Proposed Rules 

entities for the purposes of the Regulatory 

Flexibility Act. Based on this determination, 

no initial regulatory flexibility analysis has 

been prepared. 

This proposed rule contains a 

collection-of-information requirement 

subject to review and approval by the 

Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act (PRA). This requirement has been 

submitted to OMB for approval. The 

public reporting burden for these 

requirements is estimated to be 30 min 

for a new permit application, and 20 

min for completing a fishing logbook 

each day. Each estimate includes time 

for reviewing instructions, searching 

existing data sources, gathering and 

maintaining the data needed, and 

completing and reviewing the collection 

of information. 

Public comment is sought regarding 

whether (a) this proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility, 

(b) the accuracy of the burden estimates, 

(c) ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the collection of information, 

including through the use of automated 

collection techniques or other forms of 

information technology. Send comments 

on these or any other aspects of the 

collection of information to William L. 

Robinson (see ADDRESSES), and email to 

DavidlRostker@omb.eop.gov or fax to 

202–395–7285. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, and no person shall be 

subject to penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB control number. 

List of Subjects in 50 CFR Part 665 

Administrative practice and 

procedure, American Samoa, Fisheries, 

Fishing, Guam, Hawaii, Hawaiian 

natives, Northern Mariana Islands, 

Pacific Remote Island Areas, Reporting 

and recordkeeping requirements. 

Dated: March 23, 2007. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 665 is proposed 

to be amended as follows: 

PART 665—FISHERIES IN THE 

WESTERN PACIFIC 

1. The authority citation for part 665 

continues to read as follows: 

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

2. In § 665.12, add the definition of 

‘‘Hawaii non-longline pelagic permit’’ to 

read as follows: 

§ 665.12 Definitions. 

* * * * * 

Hawaii non-longline pelagic permit 

means the permit required by § 665.21 

to use non-longline fishing gear to fish 

for Pacific pelagic management unit 

species in EEZ waters around Hawaii, 

the resulting catch of which either is, or 

is intended to be, sold, bartered, or 

traded. 

* * * * * 

3. In § 665.21, add a new paragraph 

(o) to read as follows: 

§ 665.21 Permits. 

* * * * * 

(o) The owner of any vessel used to 

fish for Pacific pelagic management unit 

species using non-longline gear in EEZ 

waters around Hawaii, the resulting 

catch of which either is, or is intended 

to be, sold, bartered, or traded, must 

have a valid Hawaii non-longline 

pelagic permit issued for the vessel. 

* * * * * 

5. In § 665.22, add new paragraph (uu) 

to read as follows: 

§ 665.22 Prohibitions. 

* * * * * 

(uu) Engage in fishing using nonlongline gear for Pacific pelagic 

management unit species in EEZ waters 

around Hawaii without a valid Hawaii 

non-longline pelagic permit as required 

under § 665.21(o). 

* * * * * 

[FR Doc. E7–5825 Filed 3–28–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 070316061–7061–01; I.D. 

031907B] 

RIN 0648–AV13 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Groundfish Observer 

Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS issues a proposed rule 

to amend regulations supporting the 

North Pacific Groundfish Observer 

Program (Observer Program). This 

action is necessary to revise 

requirements for the facilitation of 

observer data transmission and improve 

inseason support for observers. The 

proposed rule would promote the goals 

and objectives of the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area and the Fishery 

Management Plan for Groundfish of the 

Gulf of Alaska (FMPs). 

DATES: Written comments must be 

received by April 27, 2007. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. Comments may be 

submitted by any of the following 

methods: 

• E-mail: 0648–AV13–PROCS@noaa.gov. Include in the subject 

line the following identifier: ‘‘OCS 

proposed rule.’’ E-mail comments, with 

or without attachments, are limited to 5 

megabytes; 

• Mail: P.O. Box 21668, Juneau, AK 

99802; 

• Fax: (907) 586–7557; 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK; or 

• Webform at the Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions at that site for submitting 

comments. 

Copies of the Regulatory Impact 

Review/Initial Regulatory Flexibility 

Analysis (RIR/IRFA) prepared for this 

action may be obtained from the mailing 

address above or from the NMFS Alaska 

Region website at http:// 

www.fakr.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jason Anderson, 907–586–7228, or 

jason.anderson@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

NMFS manages the U.S. groundfish 

fisheries of the Bering Sea and Aleutian 

Islands Management Area (BSAI) and 

Gulf of Alaska (GOA) in the Exclusive 

Economic Zone under the FMPs. The 

North Pacific Fishery Management 

Council (Council) has prepared the 

FMPs pursuant to the MagnusonStevens Fishery Conservation and 

Management Act. Regulations 

implementing the FMPs appear at 50 

CFR part 679. General regulations that 

pertain to U.S. fisheries appear at 

subpart H of 50 CFR part 600. 

The Council originally adopted and 

NMFS approved and implemented the 


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