26770 Federal Register / Vol. 72, No. 91 / Friday, May 11, 2007 / Proposed Rules 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: May 3, 2007. 

J.I. Palmer, Jr., 

Regional Administrator, Region 4. 

[FR Doc. E7–9130 Filed 5–10–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 070427094–7094–01;I.D. 

042407A] 

RIN 0648–AV50 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Multispecies Fishery; Allocation of 

Trips to Closed Area II Yellowtail 

Flounder Special Access Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS announces that the 

Administrator, Northeast Region, NMFS 

(Regional Administrator), is proposing 

to allocate zero trips in the Closed Area 

(CA) II Yellowtail Flounder Special 

Access Program (SAP) during the 2007 

fishing year (FY) (i.e., May 1, 2007, 

through April 30, 2008). The Regional 

Administrator has determined that the 

available catch of Georges Bank (GB) 

yellowtail flounder is insufficient to 

support a minimum level of fishing 

activity within the CA II Yellowtail 

Flounder SAP for FY 2007. The intent 

of this action is to help achieve 

optimum yield (OY) in the fishery by 

maximizing the utility of available GB 

yellowtail flounder TAC throughout FY 

2007. 

DATES: Comments must be received on 

or before 5 p.m., local time, May 29, 

2007. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Written comments (paper, disk, or 

CD-ROM) should be sent to Patricia A. 

Kurkul, Regional Administrator, 1 

Blackburn Drive, Gloucester, MA 01930. 

Mark the outside of the envelope, 

‘‘Comments on CA II YT SAP.’’

• Comments also may be sent via 

facsimile (fax) to (978) 978–9135. 

• E-mail: YellowtailSAP@Noaa.gov 

Include in the subject line the following 

‘‘Comments on CA II YT SAP.’’

• Federal e-Rulemaking Portal: http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Mark Grant, Fishery Management 

Specialist, phone: (978) 281–9218, fax: 

(978) 281–9135, e-mail: 

Mark.Grant@noaa.gov. 

SUPPLEMENTARY INFORMATION: The final 

rule implementing Framework 

Adjustment (FW) 40B (70 FR 31323; 

June 1, 2005), authorized the Regional 

Administrator to allocate the total 

number of trips into the CA II Yellowtail 

Flounder SAP based upon several 

criteria, including: GB yellowtail 

flounder total allowable catch (TAC) 

level, as established through the U.S./ 

Canada Resource Sharing 

Understanding; and the amount of GB 

yellowtail flounder caught outside of 

the SAP. A formula was developed in 

FW 40B to assist the Regional 

Administrator in determining the 

appropriate number of trips for this SAP 

on a yearly basis. The formula is 

intended to allow the SAP to be 

adjusted for changing stock conditions 

to help achieve OY for GB yellowtail 

flounder. 

FW 40B authorized the Regional 

Administrator to allocate zero trips to 

this SAP if the available GB yellowtail 

flounder catch (GB yellowtail flounder 

TAC projected catch of GB yellowtail 

flounder outside the SAP) is not 

sufficient to support 150 trips with a 

15,000–lb (6,804–kg) trip limit (i.e., if 

the available GB yellowtail catch is less 

than 1,021 mt), as required. The 

proposed U.S./Canada GB yellowtail 

flounder TAC for 2007, as 

recommended by the Transboundary 

Management Guidance Committee and 

the Council, is 900 mt (72 FR 10967; 

March 12, 2007). During FY 2006, 

vessels fishing outside of the SAP 

landed over 1,500 mt of GB yellowtail 

flounder. Therefore, based on the 

proposed 900–mt U.S./Canada GB 

yellowtail flounder TAC, assuming 

similar fishing behavior in 2007, and 

using the criteria specified under 

§ 648.85(b)(3)(vii) to determine the 

appropriate number of trips for FY 2007, 

the Regional Administrator has 

determined that there will be 

insufficient GB yellowtail flounder TAC 

to support the CA II Yellowtail Flounder 

SAP for FY 2007 (900 mt – 1,500 mt 

<1,020 mt). Therefore, a limit of zero 

trips is proposed for FY 2007. 

Classification 

Pursuant to section 304 (b)(1)(A) of 

the Magnuson-Stevens Act, I have 

determined that this proposed rule is 

consistent with the NE Multispecies 

FMP, other provisions of the MagnusonStevens Act, and other applicable law, 

subject to further consideration after 

public comment. 

This proposed rule has been 

determined to be not significant for the 

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 (SBA) 

that this proposed rule, if adopted, 

would not have a significant economic 

impact on a substantial number of small 

entities. As a result, an initial regulatory 

flexibility analysis is not required and 

none has been prepared. 

The SBA size standard for small 

commercial fishing entities is $ 4.0 

million in gross receipts. Individuals 

that would be impacted by this 

proposed action include all limited 

access NE multispecies DAS permit 

holders. All commercial fishing entities 

affected by this proposed rule would fall 

under the SBA size standard for small 

commercial fishing entities and there 

would be no disproportionate impacts 

between small and large entities. The 

proposed action would affect a 

substantial number of small entities, as 

approximately 66 percent of the vessels 

affected by this action (i.e., 100 out of 

150) had participated in the CA II 

Yellowtail Flounder SAP when it was 

open during FY 2004. However, the 

proposed action will not significantly 

reduce profit for affected vessels. 

The proposed allocation of zero trips 

into the SAP would help ensure that the 

GB yellowtail flounder TAC is available 

throughout the fishing year, minimizing 

the impacts of depressed prices that 

could otherwise be caused by temporary 

floods of yellowtail flounder on the 

market, and therefore would help avoid 

the premature closing of the Eastern 

U.S./Canada Area due to catching the 

available GB yellowtail flounder TAC. 

This would enable vessels greater 

opportunity to fully harvest the 

available GB cod and GB haddock TAC 

allocated to the Eastern U.S./Canada 

Area and to achieve the full economic 

benefit from the U.S./Canada 

Management Area by more efficiently 

using the small GB yellowtail flounder 

TAC. Analysis prepared for FW 40B 

indicates that flexibility for vessels to 

target species other than yellowtail 

flounder is seen as critical to 

maintaining the profitability of vessel 

operations within the U.S./Canada 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 72, No. 91 / Friday, May 11, 2007 / Proposed Rules 26771 

Management Area, including the SAP, 

given the costs associated with fishing 

far offshore. Because the proposed 

action would maintain access to the 

Eastern U.S./Canada Area throughout 

the fishing year, this action attempts to 

preserve the flexibility for vessels to 

operate in an efficient and cost-effective 

manner that would maximize the 

profitability of vessel operations. Since 

the SAP was closed to fishing for FY 

2006, there would be no change in 

profitability to individual vessels 

(compared to last year) resulting from 

the proposed zero allocation, thus, no 

economic impact to affected small 

harvesters. 

This proposed rule does not contain 

any new, nor revised existing reporting, 

recordkeeping, and other compliance 

requirements. 

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

Dated: May 7, 2007. 

William T. Hogarth, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E7–9092 Filed 5–10–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 665 

[Docket No. 070427093–7093–01; I.D. 

041807A] 

RIN 0648–AV55 

Fisheries in the Western Pacific; 

Western Pacific Pelagic Fisheries; 

Control Date 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Advance notice of proposed 

rulemaking; notification of control date; 

request for comments. 

SUMMARY: NMFS announces that anyone 

who enters the Hawaii-based pelagic 

charter fishery after March 16, 2007 (the 

‘‘control date’’), is not guaranteed future 

participation in the fishery if the 

Western Pacific Fishery Management 

Council (Council) recommends, and 

NMFS approves, a program that limits 

entry into the fishery, or other fishery 

management measures. The Council is 

concerned about expansion of the 

Hawaii-based pelagic charter fishery 

and the potential resultant impacts on 

billfish and other pelagic fishes. 

DATES: Comments must be submitted in 

writing by July 10, 2007. 

ADDRESSES: You may submit comments 

on this action, identified by 0648–AV55, 

by any of the following methods: 

• E-mail: 

AV55ControlCharter@noaa.gov. Include 

‘‘AV55’’ in the subject line of the e-mail 

comment. Comments sent via e-mail, 

including all attachments, must not 

exceed a 10 megabyte file size. 

• Federal e-Rulemaking portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: William L. Robinson, 

Regional Administrator, NMFS Pacific 

Islands Region (PIR), 1601 Kapiolani 

Blvd., Suite 1110, Honolulu, HI 96814. 

FOR FURTHER INFORMATION CONTACT: Bob 

Harman, NMFS PIR, 808–944–2234. 

SUPPLEMENTARY INFORMATION: At its 

137th meeting held from March 13–16, 

2007, the Council adopted a control date 

of March 16, 2007, applicable to persons 

who are contemplating entering the 

Hawaii-based charter fishery for pelagic 

fishes. The purpose of the control date 

is to notify fishermen that after March 

16, 2007, they may not be guaranteed 

access to the fishery if the Council 

recommends, and NMFS approves, 

establishing a limited entry program or 

other measures to manage the fishery. 

The Council has not yet recommended 

limiting new entry or imposing any 

other management measures in this 

fishery. 

Establishment of a control date 

responds to the Council’s concern over 

any significant expansion of the Hawaiibased pelagic charter fishery, and its 

potential to impact billfish and other 

pelagic fishes. This concern is focused 

on the Kona coast of the island of 

Hawaii, where there is a planned 

expansion of the Honokohau Harbor. A 

larger harbor could provide more berths 

for charter fishing vessels, with a 

resulting increase in fishing effort for 

pelagic fishes, such as blue marlin 

(Makaira mazara). State of Hawaii 

fishery data indicate that blue marlin 

catch per unit effort from Kona-based 

pelagic charter fishing has declined 

significantly over the past 20 years. 

Similar trends are also apparent for 

pelagic charter fishing data from the 

other Hawaiian islands. 

Pelagic charter fishing, conducted 

from small vessels that primarily target 

billfishes and tunas and are chartered 

for a fee, is a notable component of 

tourism in Hawaii. Total generated 

revenues were estimated at $17 million 

in 1990, and $16.5 million in 1992. The 

industry attracted an estimated 77,000 

annual participants in 1994, and 

employed approximately 400 captains 

and crew members in 1997. Because at 

least a portion of the catch is typically 

sold, pelagic charter fishing in Hawaii is 

classified as a commercial fishery, 

requiring State of Hawaii commercial 

marine licenses and catch reporting. 

The State of Hawaii issued 121 

commercial marine licenses to vessels 

for pelagic charter fishing in 2005, and 

the reported catch from pelagic charter 

vessels in 2005 was 478,650 lb (217,112 

kg). In 2006, 119 licensed fishermen 

submitted fishing reports that reported a 

total of 9,535 charter trips, or an average 

of 80.1 trips per vessel. 

The March 16, 2007, control date 

adopted by the Council complements a 

control date of June 2, 2005, established 

for non-longline commercial pelagic 

fisheries in Hawaii (70 FR 47781, 

August 15, 2005) in response to 

concerns about overfishing of bigeye 

tuna Pacific-wide and yellowfin tuna in 

the central and western Pacific. 

Control dates are intended to 

discourage speculative entry into 

fisheries, as new participants entering 

the fisheries after the control date are 

put on notice that they are not 

guaranteed future participation in the 

fisheries. Establishment of this control 

date does not commit the Council or 

NMFS to any particular management 

regime or criteria for entry into the 

Hawaii-based pelagic charter fishery. 

Fishermen are not guaranteed future 

participation in the fishery, regardless of 

their level of participation before or 

after the control date. The Council may 

choose a different control date, or it may 

choose a management regime that does 

not involve a control date. Other 

criteria, such as documentation of 

landings or sales, may be used to 

determine eligibility for participation in 

a limited access fishery. The Council or 

NMFS also may choose to take no 

further action to control entry or access 

to the fishery, in which case the control 

date may be rescinded. 

Classification 

This advance notice of proposed 

rulemaking has been determined to be 

not significant for the purposes of 

Executive Order 12866. 

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

Dated: May 7, 2007. 

William T. Hogarth, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E7–9090 Filed 5–10–07; 8:45 am] 

BILLING CODE 3510–22–S 


sroberts on PROD1PC70 with PROPOSALS