7476 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 65 

[Docket No. FEMA–B–7761] 

Changes in Flood Elevation 

Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Interim rule. 

SUMMARY: This interim rule lists 

communities where modification of the 

Base (1% annual-chance) Flood 

Elevations (BFEs) is appropriate because 

of new scientific or technical data. New 

flood insurance premium rates will be 

calculated from the modified BFEs for 

new buildings and their contents. 

DATES: These modified BFEs are 

currently in effect on the dates listed in 

the table below and revise the Flood 

Insurance Rate Maps (FIRMs) in effect 

prior to this determination for the listed 

communities. 

From the date of the second 

publication of these changes in a 

newspaper of local circulation, any 

person has ninety (90) days in which to 

request through the community that the 

Mitigation Assistant Administrator of 

FEMA reconsider the changes. The 

modified BFEs may be changed during 

the 90-day period. 

ADDRESSES: The modified BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton, Jr., Engineering 

Management Branch, Mitigation 

Directorate, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–3151. 

SUPPLEMENTARY INFORMATION: The 

modified BFEs are not listed for each 

community in this interim rule. 

However, the address of the Chief 

Executive Officer of the community 

where the modified BFE determinations 

are available for inspection is provided. 

Any request for reconsideration must 

be based on knowledge of changed 

conditions or new scientific or technical 

data. 

The modifications are made pursuant 

to section 201 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4105, 

and are in accordance with the National 

Flood Insurance Act of 1968, 42 U.S.C. 

4001, et seq., and with 44 CFR part 65. 

For rating purposes, the currently 

effective community number is shown 

and must be used for all new policies 

and renewals. 

The modified BFEs are the basis for 

the floodplain management measures 

that the community is required to either 

adopt or to show evidence of being 

already in effect in order to qualify or 

to remain qualified for participation in 

the National Flood Insurance Program 

(NFIP). 

These modified BFEs, together with 

the floodplain management criteria 

required by 44 CFR 60.3, are the 

minimum that are required. They 

should not be construed to mean that 

the community must change any 

existing ordinances that are more 

stringent in their floodplain 

management requirements. The 

community may at any time enact 

stricter requirements of its own, or 

pursuant to policies established by the 

other Federal, State, or regional entities. 

The changes BFEs are in accordance 

with 44 CFR 65.4. 

National Environmental Policy Act. 

This interim rule is categorically 

excluded from the requirements of 44 

CFR part 10, Environmental 

Consideration. An environmental 

impact assessment has not been 

prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This 

interim rule is not a significant 

regulatory action under the criteria of 

section 3(f) of Executive Order 12866 of 

September 30, 1993, Regulatory 

Planning and Review, 58 FR 51735. 

Executive Order 13132, Federalism. 

This interim rule involves no policies 

that have federalism implications under 

Executive Order 13132, Federalism. 

Executive Order 12988, Civil Justice 

Reform. This interim rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 65 

Flood insurance, Floodplains, 

Reporting and recordkeeping 

requirements. 

■ Accordingly, 44 CFR part 65 is 

amended to read as follows: 

PART 65—[AMENDED] 

■ 1. The authority citation for part 65 

continues to read as follows: 

Authority 42 U.S.C. 4001, et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 65.4 [Amended] 

■ 2. The tables published under the 

authority of § 65.4 are amended as 

follows: 

State and county Location and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Arizona: Pinal ........... City of Casa Grande 

(07–09–1769P).

November 14, 2007; November 21, 2007; Copper Basin 

News.

The Honorable Robert M. Jackson, 

Mayor, City of Casa Grande, 510 East 

Florence Boulevard, Casa Grande, AZ 

85222.

December 5, 2007 .......... 040080 

Arizona: Yavapai ...... City of Prescott (07–

09–1688P).

November 15, 2007; November 22, 2007; Prescott Daily 

Courier.

The Honorable Rowle Simmons, Mayor, 

City of Prescott, 201 South Cortez 

Street, Prescott, AZ 86303.

February 21, 2008 .......... 040098 

California: Alameda .. City of Hayward 

(08–09–0157P).

November 21, 2007; November 28, 2007; The Daily Review.

The Honorable Michael Sweeney, 

Mayor, City of Hayward, 777 B Street, 

Hayward, CA 94541.

February 27, 2008 .......... 065033 

California: Riverside City of Perris (07–

09–0955P).

November 8, 2007; November 

15, 2007; The Press-Enterprise.

The Honorable Daryl R. Busch, Mayor, 

City of Perris, 101 North D Street, 

Perris, CA 92570.

February 14, 2008 .......... 060258 

California: Riverside Unincorporated 

areas of Riverside 

County (07–09–

0955P).

November 8, 2007; November 

15, 2007; The Press-Enterprise.

The Honorable John F. Tavaglione, 

Chairman, Board of Supervisors, Riverside County, 4080 Lemon Street, 

Fifth Floor, Riverside, CA 92501.

February 14, 2008 .......... 060245 

Colorado: Jefferson .. City of Lakewood 

(07–08–0666P).

November 15, 2007; November 22, 2007; The Golden 

Transcript.

The Honorable Steve Burkholder, 

Mayor, City of Lakewood, Lakewood 

Civic Center South, 480 South Allison 

Parkway, Lakewood, CO 80226.

February 21, 2008 .......... 085075 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 7477 

State and county Location and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Connecticut: New 

Haven.

Town of Branford 

(07–01–0657P).

October 4, 2007; October 11, 

2007; New Haven Register.

The Honorable Cheryl Morris, First 

Selectwoman, Town of Branford, 1019 

Main Street, Branford, CT 06405.

September 19, 2007 ....... 090073 

Florida: Duval ........... City of Jacksonville 

(07–04–2369P).

November 12, 2007; November 19, 2007; Jacksonville 

Daily Record.

The Honorable John Peyton, Mayor, City 

of Jacksonville, City Hall at Saint 

James, Fourth Floor, 117 West Duval 

Street, Jacksonville, FL 32202.

February 19, 2008 .......... 120077 

Florida: Okaloosa ..... Unincorporated 

areas of 

Okaloosa County 

(07–04–4369P).

November 15, 2007; November 22, 2007; Northwest 

Florida Daily News.

Mr. James D. Curry, County Administrator, Okaloosa County, 1804 Lewis 

Turner Boulevard, Suite 400, Fort 

Walton Beach, FL 32547.

February 21, 2008 .......... 120173 

Florida: Polk ............. City of Davenport 

(07–04–5360P).

November 7, 2007; November 

14, 2007; The Polk County 

Democrat.

The Honorable Peter Rust, Mayor, City 

of Davenport, P.O. Box 125, Davenport, FL 33836–0125.

October 29, 2007 ........... 120410 

Georgia: Columbia ... Unincorporated 

areas of Columbia County (07–

04–4563P).

November 14, 2007; November 21, 2007; Columubia 

County News-Times.

The Honorable Ron C. Cross, Chairman, 

Columbia County Board of Commissioners, P.O. Box 498, Evans, GA 

30809.

October 30, 2007 ........... 130059 

Georgia: Coweta ...... City of Newnan (07–

04–4787P).

November 15, 2007; November 22, 2007; The TimesHerald.The Honorable Keith Brady, Mayor, City 

of Newnan, City Hall, 25 LaGrange 

Street, Newnan, GA 30263.

February 21, 2008 .......... 130062 

Georgia: DeKalb ...... City of Atlanta (07–

04–3101P).

November 14, 2007; November 21, 2007; The Atlanta 

Journal and Constitution.

The Honorable Shirley Franklin, Mayor, 

City of Atlanta, 55 Trinity Avenue, 

Suite 2500, Atlanta, GA 30303.

February 20, 2008 .......... 135157 

Georgia: DeKalb ...... City of Decatur (07–

04–3101P).

November 14, 2007; November 21, 2007; Dunwoody 

Crier.

The Honorable Bill Floyd, Mayor, City of 

Decatur, P.O. Box 220, Decatur, GA 

30031.

February 20, 2008 .......... 135159 

Georgia: DeKalb ...... Unincorporated 

areas of DeKalb 

County (07–04–

3101P).

November 14, 2007; November 21, 2007; Dunwoody 

Crier.

The Honorable Burrell Ellis, Chairman, 

DeKalb County, Board of Commissioners, 1300 Commerce Drive, Decatur, GA 30030.

February 20, 2008 .......... 130065 

Georgia: Murray ....... Unincorporated 

areas of Murray 

County (07–04–

2594P).

November 16, 2007; November 23, 2007; The Dalton 

Daily Citizen.

The Honorable Jim Welch, Murray 

County Commissioner, P.O. Box 

1129, Chatsworth, GA 30705.

February 22, 2008 .......... 130366 

Iowa: Linn ................. City of Marion (07–

07–1087P).

November 21, 2007; November 28, 2007; Cedar Rapids 

Gazette.

The Honorable John Nieland, Mayor, 

City of Marion, 195 35th Street, Marion, IA 52302.

February 27, 2008 .......... 190191 

Iowa: Linn ................. Unincorporated 

areas of Linn 

County (07–07–

1087P).

November 21, 2007; November 28, 2007; Cedar Rapids 

Gazette.

The Honorable Linda Langston, Chairperson, Linn County Board of Supervisors, 930 First Street, Southwest, 

Cedar Rapids, IA 52404.

February 27, 2008 .......... 190829 

Maine: Lincoln .......... Town of Bristol (07–

01–0799P).

November 8, 2007; November 

15, 2007; The Lincoln 

County News.

The Honorable Chad Hanna, Chairman, 

Board of Selectmen, Town of Bristol, 

P.O. Box 147, Bristol, ME 04539.

October 23, 2007 ........... 230215 

Massachusetts: Bristol.Town of Easton 

(07–01–0531P).

November 9, 2007; November 

16, 2007; The Easton Journal.

The Honorable Colleen A. Corona, 

Chairman, Board of Selectmen, Town 

of Easton, 136 Elm Street, North Easton, MA 02356.

February 15, 2008 .......... 250053 

Missouri: Greene ...... Unincorporated 

areas of Greene 

County (07–07–

1448P).

November 8, 2007; November 

15, 2007; Springfield NewsLeader.

The Honorable David Coonrod, Presiding Commissioner, Greene County, 

933 North Robberson, Springfield, MO 

65802.

February 14, 2008 .......... 290782 

Missouri: Jackson .... City of Lee’s Summit (07–07–

1867P).

November 23, 2007; November 30, 2007; Lee’s Summit 

Journal.

The Honorable Karen Messerli, Mayor, 

City of Lee’s Summit, 220 Southeast 

Green Street, Lee’s Summit, MO 

64063.

December 10, 2007 ........ 290174 

Nebraska: Lancaster City of Lincoln (07–

07–0628P).

November 8, 2007; November 

15, 2007; Lincoln Journal 

Star.

The Honorable Chris Beutler, Mayor, 

City of Lincoln, 555 South 10th Street, 

Second Floor, Room 208, Lincoln, NE 

68508.

October 24, 2007 ........... 315273 

Nevada: Clark .......... Unincorporated 

areas of Clark 

County (07–09–

1179P).

November 8, 2007; November 

15, 2007; Las Vegas Review-Journal.

The Honorable Rory Reid, Chair, Clark 

County Board of Commissioners, 500 

South Grand Central Parkway, Las 

Vegas, NV 89106.

February 14, 2008 .......... 320003 

Nevada: Washoe ..... Unincorporated 

areas of Washoe 

County (07–09–

1314P).

November 14, 2007; November 21, 2007; Reno Gazette-Journal.

The Honorable Robert Larkin, Chair, 

Washoe County Board of Commissioners, P.O. Box 11130, Reno, NV 

89520.

November 30, 2007 ........ 320019 

New York: Rockland Town of Clarkstown 

(07–02–0757P).

November 1, 2007; November 

8, 2007; Rockland County 

Times.

The Honorable Alexander J. Gromack, 

Supervisor, Town of Clarkstown, 10 

Maple Avenue, New City, NY 10956.

April 16, 2008 ................. 360679 

North Carolina: Wake Unincorporated 

areas of Wake 

County (06–04–

C341P).

December 10, 2007; December 17, 2007; The News 

and Observer.

Mr. David C. Cooke, Manager, Wake 

County, 337 South Salisbury Street, 

Suite 1100, Raleigh, NC 27602.

December 3, 2007 .......... 370368 

Oklahoma: Cleveland City of Moore (07–

06–1082P).

November 8, 2007; November 

15, 2007; The Norman 

Transcript.

The Honorable Glenn Lewis, Mayor, City 

of Moore, 301 North Broadway, 

Moore, OK 73160.

February 14, 2008 .......... 400044 

Oklahoma: Payne .... City of Stillwater 

(07–06–0679P).

November 15, 2007; November 22, 2007; Stillwater 

NewsPress.

The Honorable Roger L. McMillan, 

Mayor, City of Stillwater, 723 South 

Lewis Street, Stillwater, OK 74076.

November 30, 2007 ........ 405380 


jlentini on PROD1PC65 with RULES
7478 Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 

State and county Location and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Oklahoma: Payne .... Unincorporated 

areas of Stillwater 

County (07–06–

0679P).

November 15, 2007; November 22, 2007; Stillwater 

NewsPress.

The Honorable Gloria A. Hesser, County 

Commissioner, District No. 2, Stillwater, 315 West Sixth Street, Suite 

203, Stillwater, OK 74074.

November 30, 2007 ........ 400493 

Oklahoma: Tulsa ...... City of Sand 

Springs (07–06–

2114P).

November 15, 2007; November 22, 2007; Tulsa World.

The Honorable Robert L. Walker, Mayor, 

City of Sand Springs, P.O. Box 338, 

Sand Springs, OK 74063.

November 30, 2007 ........ 400211 

Oklahoma: Tulsa ...... Unincorporated 

areas of Tulsa 

County (07–06–

2114P).

November 15, 2007; November 22, 2007; Tulsa World.The Honorable Randi Miller, Chair, 

Tulsa County Board of Commissioners, 500 South Denver Avenue, 

Tulsa, OK 74103.

November 30, 2007 ........ 400462 

Pennsylvania: Chester.Township of West 

Goshen (07–03–

1259P).

November 15, 2007; November 22, 2007; Daily Local 

News.

The Honorable Robert White, Chairman, 

Board of Supervisors, West Goshen 

Township, 1025 Paoli Pike, West 

Chester, PA 19380–4699.

February 21, 2008 .......... 420293 

Pennsylvania: Montgomery.Township of Lower 

Moreland (07–03–

0583P).

November 8, 2007; November 

15, 2007; The Globe.

The Honorable Kurt G. Mayer, President, Lower Moreland Township Commissioners, 640 Red Lion Road, Huntingdon Valley, PA 19006.

October 24, 2007 ........... 420702 

Pennsylvania: Montgomery.Township of Plymouth (07–03–

1103P).

November 14, 2007; November 21, 2007; The Times 

Herald.

The Honorable Alexander Fazzini, Chair, 

Plymouth Township Council, 700 

Belvoir Road, Plymouth Meeting, PA 

19462.

February 20, 2008 .......... 420955 

Puerto Rico: Puerto 

Rico.

Commonwealth of 

Puerto Rico (07–

02–0993P).

November 15, 2007; November 22, 2007; The San Juan 

Star.

The Honorable Anibal Acevedo-Vila, 

Governor of Puerto Rico, P.O. Box 82, 

La Fortaleza, San Juan, PR 00901.

February 21, 2008 .......... 720000 

South Carolina: Lexington.Town of Springdale 

(07–04–5295P).

November 8, 2007; November 

15, 2007; The Lexington 

County Chronicle.

The Honorable Pat G. Smith, Mayor, 

Town of Springdale, 2915 Platt 

Springs Road, Springdale, SC 29170.

October 31, 2007 ........... 450138 

Texas: Collin ............ City of McKinney 

(07–06–1687P).

November 8, 2007; November 

15, 2007; McKinney Courier-Gazette.

The Honorable Bill Whitfield, Mayor, City 

of McKinney, 222 North Tennessee 

Street, McKinney, TX 75069.

February 14, 2008 .......... 480135 

Texas: Collin ............ City of Plano (07–

06–0629P).

November 8, 2007; November 

15, 2007; Plano Star Courier.

The Honorable Pat Evans, Mayor, City 

of Plano, 1520 Avenue K, Plano, TX 

75074.

October 31, 2007 ........... 480140 

Texas: Collin ............ Unincorporated 

areas of Collin 

County (07–06–

1687P).

November 8, 2007; November 

15, 2007; McKinney Courier-Gazette.

The Honorable Keith Self, Collin County 

Judge, Collin County Government 

Center, 210 South McDonald Street, 

Suite 626, McKinney, TX 75069.

February 14, 2008 .......... 480130 

Texas: Harris ............ Unincorporated 

areas of Harris 

County (07–06–

1886P).

November 15, 2007; November 22, 2007; Houston 

Chronicle.

The Honorable Ed Emmett, Harris County Judge, 1001 Preston, Suite 911, 

Houston, TX 77002.

February 20, 2008 .......... 480287 

Texas: Kendall ......... Unincorporated 

areas of Kendall 

County (07–06–

0875P).

November 16, 2007; November 23, 2007; The Boerne 

Star.

The Honorable Eddie John Vogt, Kendall County Judge, Kendall County 

Courthouse, 201 East San Antonio 

Street, Boerne, TX 78006.

November 29, 2007 ........ 480417 

Texas: Tarrant .......... City of Arlington 

(07–06–1545P).

October 11, 2007; October 18, 

2007; Arlington Star-Telegram.

The Honorable Robert Cluck, Mayor, 

City of Arlington, 101 West Abram 

Street, Arlington, TX 76010.

September 28, 2007 ....... 485454 

Texas: Tarrant .......... City of Benbrook 

(07–06–1254P).

November 8, 2007; November 

15, 2007; Fort Worth StarTelegram.

The Honorable Jerry Dittrich, Mayor, 

City of Benbrook, 911 Winscott Road, 

Benbrook, TX 76126.

February 14, 2008 .......... 480586 

Texas: Tarrant .......... City of Fort Worth 

(07–06–1254P).

November 8, 2007; November 

15, 2007; Fort Worth StarTelegram.

The Honorable Mike J. Moncrief, Mayor, 

City of Fort Worth, 1000 Throckmorton 

Street, Fort Worth, TX 76102.

February 14, 2008 .......... 480596 

Texas: Tarrant .......... City of Fort Worth 

(07–06–1675P).

November 8, 2007; November 

15, 2007; Fort Worth StarTelegram.

The Honorable Mike J. Moncrief, Mayor, 

City of Fort Worth, 1000 Throckmorton 

Street, Fort Worth, TX 76102.

February 14, 2008 .......... 480596 

Texas: Tarrant .......... City of Fort Worth 

(07–06–2141P).

November 8, 2007; November 

15, 2007; Fort Worth StarTelegram.

The Honorable Michael Moncrief, Mayor, 

City of Fort Worth, City Hall, 1000 

Throckmorton Street, Fort Worth, TX 

76102.

February 14, 2008 .......... 480596 

Texas: Tarrant .......... City of Fort Worth 

(07–06–2202P).

October 11, 2007; October 18, 

2007; Fort Worth Star-Telegram.

The Honorable Michael Moncrief, Mayor, 

City of Fort Worth, City Hall, 1000 

Throckmorton Street, Fort Worth, TX 

76102.

January 17, 2008 ........... 480596 

Texas: Tarrant .......... Unincorporated 

areas of Tarrant 

County (07–06–

1254P).

November 8, 2007; November 

15, 2007; Fort Worth StarTelegram.

The Honorable Glen Whitley, Tarrant 

County Judge, 100 East Weatherford 

Street, Suite 501, Fort Worth, TX 

76196.

February 14, 2008 .......... 480582 

Texas: Tarrant .......... Unincorporated 

areas of Tarrant 

County (07–06–

2141P).

November 8, 2007; November 

15, 2007; Fort Worth StarTelegram.

The Honorable Glen Whitley, Tarrant 

County Judge, 100 East Weatherford 

Street, Suite 501, Fort Worth, TX 

76196.

February 14, 2008 .......... 480582 

Virginia: Montgomery Unincorporated 

areas of Montgomery County 

(07–03–1077P).

November 8, 2007; November 

15, 2007; Roanoke Times.

The Honorable Steve L. Spradlin, Chair, 

Montgomery County Board of Supervisors, 1553 Oilwell Road, Blacksburg, 

VA 24060.

February 14, 2008 .......... 510099 

Virginia: Wise ........... Town of Wise (07–

03–1197P).

November 8, 2007; November 

15, 2007; The Coalfield 

Progress.

The Honorable Clifton Carson, Mayor, 

Town of Wise, P.O. Box 1100, Wise, 

VA 24293.

February 14, 2008 .......... 510179 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 27 / Friday, February 8, 2008 / Rules and Regulations 7479 

State and county Location and case 

No. 

Date and name of newspaper 

where notice was published Chief executive officer of community Effective date of modification 

Community 

No. 

Wisconsin: Columbia 

& Sauk.

City of Wisconsin 

Dells (07–05–

4282P).

November 14, 2007; November 21, 2007; Wisconsin 

Dells Events.

The Honorable Eric Helland, Mayor, City 

of Wisconsin Dells, P.O. Box 655, 

Wisconsin Dells, WI 53965.

November 30, 2007 ........ 550065 

Wisconsin: Milwaukee.City of West Allis 

(07–05–4106P).

November 1, 2007; November 

8, 2007; Milwaukee Journal 

Sentinel.

The Honorable Jeannette Bell, Mayor, 

City of West Allis, City Hall, Room 

123, 7525 West Greenfield Avenue, 

West Allis, WI 53214.

October 18, 2007 ........... 550285 

Wyoming: Sweetwater.City of Rock Springs 

(07–08–0796P).

September 22, 2007; September 27, 2007; Rock 

Springs Daily Rocket-Miner.

The Honorable Timothy A. Kaumo, 

Mayor, City of Rock Springs, 212 D 

Street, Rock Springs, WY 82901.

October 1, 2007 ............. 560051 

Wyoming: Sweetwater.

Unincorporated 

areas of Sweetwater County 

(07–08–0796P).

September 22, 2007; September 27, 2007; Rock 

Springs Daily Rocket-Miner.

The Honorable Wally Johnson, Chairman, Sweetwater County, Board of 

Commissioners, 80 West Flamingo 

Gorge Way, Green River, WY 82935.

October 1, 2007 ............. 560087 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: January 25, 2008. 

David I. Maurstad, 

Federal Insurance Administrator of the 

National Flood Insurance Program, 

Department of Homeland Security, Federal 

Emergency Management Agency. 

[FR Doc. E8–2380 Filed 2–7–08; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

RIN 0648–XF39 

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 daily Highly Migratory Species 

(HMS) Angling category retention limits 

for Atlantic bluefin tuna (BFT) should 

be adjusted in order to prevent 

overharvest of the 2008 Angling 

category quota. Vessels permitted in the 

HMS Angling and HMS Charter/ 

Headboat categories are eligible to land 

BFT under the HMS Angling category 

quota. This action is being taken to meet 

domestic management objectives for the 

BFT fishery. 

DATES: Effective February 11, 2008, 

through December 31, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin, 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, per the allocations 

established in the Consolidated Highly 

Migratory Species Fishery Management 

Plan (Consolidated HMS FMP) (71 FR 

58058, October 2, 2006). 

The 2008 BFT fishing year began on 

January 1, 2008, and ends December 31, 

2008. The final 2008 BFT quota 

specifications and effort controls were 

published on December 31, 2007 (72 FR 

74193). These final specifications 

established an Angling category 

retention limit of one school BFT (27 

inches (68.6 cm) to less than 47 inches 

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

medium BFT (i.e., two BFT measuring 

47 inches (119.4 cm) to less than 73 

inches (185.4 cm)) per vessel per day/ 

trip. NMFS stated in the 2008 final 

specifications and effort controls that 

adjustments to the 2008 Angling 

category quotas and retention limits 

may be necessary once complete 

estimates from the Large Pelagics 

Survey (LPS) for the 2007 fishing year 

were available. 

Final LPS 2007 fishing year estimates 

of the number of fish landed are now 

available, although mean weight 

estimates for each size class will not be 

available until late spring to calculate 

total landings (weight) and for 

comparison of landings to available 

subquotas. Pending availability of final 

average weight calculations from the 

2007 fishing year, NMFS is proceeding 

with use of the average of 2004–2006 

mean weights as proxies for 2007 mean 

weights, to reflect recent fishery 

conditions and reduce the effect of 

inter-annual variability of fish size that 

may result from varying retention limits, 

weather conditions, etc. This 

methodology results in recreational 

estimates, including LPS estimates and 

NC BFT Census Tagging Program data, 

of 100.9 mt of school BFT, 256.3 mt of 

large school BFT, and 105.7 mt of small 

medium BFT. Note that the final LPS 

estimates (in number of fish) indicate a 

substantial overharvest of the large 

school/small medium BFT subquota 

regardless of the reference time frame 

selected for use of proxy mean weights 

to calculate the final recreational 

landings (in tonnage). The estimated 

landings of large school/small medium 

BFT (362 mt) were more than twice the 

allocated subquota for that size range 

(144 mt). With total estimated 

recreational landings of 464.1 mt, the 

total Angling category quota of 269.2 mt 

also has been exceeded. However, due 

to the magnitude of the underharvest of 

the total available quota (which, for 

2007, was 1,629 mt), no quota 

redistribution for the 2007 fishing year 

is necessary, nor is any adjustment of 

the Angling category quota for 2008. 

Specifically, total commercial and 

recreational landings for the 2007 

fishing year were 656.7 mt, resulting in 

an underharvest of 997.5 mt, which 

exceeds substantially the amount the 

United States was allowed to carry 

forward to the 2008 fishing year (i.e., 

595 mt, one half of the U.S. base quota). 

Despite the availability of overall 

quota, it is necessary for NMFS to use 

this best available information to take 

prompt action to avoid overharvest in 

2008, to remain in accordance with the 

Consolidated HMS FMP and implement 

quota specifications, and address 

concern for the biological impact of 

overharvesting smaller size classes of 

BFT on the stock, which is classified as 

overfished. Therefore, to reduce large 

school/small medium BFT landings for 

2008, NMFS is taking action through an 

inseason retention limit adjustment, 

described below. 

Under § 635.23(b)(3), NMFS may 

increase or decrease the HMS Angling 


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