[Federal Register Volume 72, Number 25 (Wednesday, February 7, 2007)]
[Proposed Rules]
[Pages 5652-5653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2045]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 070119012-7012-01; I.D. 010307B]
RIN 0648-AU78
Pacific Albacore Tuna Fisheries; Vessel List to Establish
Eligibility to Fish for Albacore Tuna in Canadian Waters Under the
U.S.-Canada Albacore Tuna Treaty
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes to develop a new vessel list at the beginning of
each calendar year of U.S. vessels eligible to fish for albacore tuna
in Canadian waters. The vessel list would revert to zero vessels on
December 31 of each year, unless NMFS receives a notice for a vessel to
be added to the list for the upcoming year, with the requisite
information. This proposed regulation would clarify that the vessel
list will remain valid for a single calendar year. Updating the list
every year is intended to facilitate the United States' obligation to
annually provide Canada a current list of U. S. vessels that are likely
to fish albacore off the coast of Canada.
DATES: Comments must be received by 5 p.m. Pacific Standard Time March
9, 2007.
ADDRESSES: You may submit comments on this proposed rule, identified by
[I.D. 010307B] by any of the following methods:
E-mail: [email protected]. Include the I.D. number in
the subject line of the message.
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Rodney R. McInnis, Regional Administrator, Southwest
Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-
4213.
Phone: (562)980-4024.
Fax: (562) 980-4047.
FOR FURTHER INFORMATION CONTACT: Chris Fanning, Southwest Region, NMFS,
(562) 980-4198 or (562) 980-4030.
SUPPLEMENTARY INFORMATION: On August 18, 2006, NMFS published a notice
(71 FR 47779) revising the methodology to create a vessel list for 2006
for vessels eligible to fish for albacore tuna in Canadian waters. The
1981 Treaty Between the Government of the United States of America and
the Government of Canada on Pacific Coast Albacore Tuna Vessels and
Port Privileges (Treaty), as amended in 2002, establishes a number of
obligations for both countries to control reciprocal fishing in waters
of one country by vessels of the other country. One obligation is that
each country is required to annually provide to the other country a
list of its fishing vessels that are expected to fish for Pacific
albacore tuna off the coast of the other country during the upcoming
fishing season, generally June through October each year.
As described in the 2004 final rule implementing amendments to the
Treaty (69 FR 31531, June 4, 2004), and codified at 50 CFR 300.172, the
list must include vessel and owner name, address, and phone number;
USCG documentation number (or state registration if not documented);
vessel operator (if different from the owner) and his or her address
with phone number. Each U.S. vessel must be on the list for at least 7
days prior to engaging in fishing under the Treaty. This is intended to
ensure that both countries have equal information as to eligible
vessels. U.S. and Canadian enforcement officers need up-to-date lists
of eligible vessels to adequately enforce the Treaty. Vessel owners who
wish their vessels remain on, or be added to, the vessel list must
contact NMFS at the address specified at 50 CFR 300.171 (definition of
``Regional Administrator''), which is the address that appears in the
ADDRESSES section above and provide the required information. NMFS will
notify fishermen by a confirmation letter or email of the date the
request to be on the list was received.
Before the 2006 fishing season June through October, NMFS did not
require owners of albacore fishing vessels that wanted their vessels to
be on the list of U. S. vessels eligible to fish for albacore tuna in
Canadian waters under the
[[Page 5653]]
Treaty to contact NMFS. Instead, NMFS relied on a lengthy list created
from information provided by industry that was not readily verifiable
nor did it indicate whether each vessel owner actually wished to fish
for albacore tuna in Canada for any given year. The result was that
NMFS was not able to provide the Canadian Government an updated vessel
list of vessels owners who intended to fish for albacore tuna in Canada
for a particular fishing season. With this proposed rule, NMFS would
amend 50 CFR 300.172 to state explicitly that the vessel list is
effective for only one calender year and will be recompiled beginning
on January 1 of each year. Additional vessels may be added to the list
throughout the year in accordance with 50 CFR 300.172.
Classification
The Regional Administrator, NMFS Southwest Region, determined that
this proposed rule is consistent with the Magnuson-Stevens Fishery
Conservation and Management Act, 16 U.S.C. 1801 et seq.
This proposed rule has been determined to be not significant for
the purposes of Executive Order (E.O.) 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
as follows:
A fishing vessel is considered a ``small'' business by the U.S.
Small Business Administration (SBA) if its annual receipts are not in
excess of $4.0 million (NAICS Code 114111). Because all of the vessels
fishing for HMS have annual receipts below $4.0 million, they would all
be considered small businesses under the SBA standards. Therefore this
rule will not create disproportionate costs between small and large
vessels/businesses. Based on historic interest and recent U.S.
participation in 2006, NMFS anticipates that the rule could impact
approximately 100 vessels annually.
The revision of the methodology for developing the list of vessels
eligible to fish for albacore tuna in Canadian waters under the U.S.
Canada Albacore Tuna Treaty presents little burden to the public. The
submission of a request by a vessel owner with the required information
as a result of this new regulation is expected to present a minimal
burden. The public reporting burden for requesting to be placed on the
list of vessels eligible to fish in Canadian waters is estimated to
average 0.08 hours per vessel or about 5 minutes each, including the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. The only expected cost to a vessel owner
requesting to be on the eligible list will be the cost associated with
contacting NMFS by mail, fax, phone, or email. NMFS also does not
anticipate a drop in profitability based on this rule, as it should not
have a significant effect on the fishermen's ability to harvest HMS.
Therefore, the proposed action, if implemented, will not have a
significant impact on a substantial number of small entities.
Based on the analysis above, the Chief Counsel for Regulation of
the Department of Commerce has determined that there will not be a
significant economic impact to a substantial number of these small
entities. As a result, a regulatory flexibility analysis is not
required and none has been prepared.
This proposed rule for revising the methodology for developing the
list of vessels eligible to fish for albacore tuna in Canadian waters
under the U.S. Canada Albacore Tuna Treaty presents contains a
collection-of-information requirement subject to the Paperwork
Reduction Act (PRA) that has been approved by OMB under control number
0648-0492. Public reporting burden for requesting to be placed on the
list of vessels eligible to fish in Canadian waters is estimated to
average 0.08 hours per vessel or about 5 minutes each, including the
time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information. Send comments regarding this burden
estimate, or any other aspect of this data collection, including
suggestions for reducing the burden, to NMFS (see ADDRESSES) and by e-
mail to [email protected], or fax to (202) 395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a 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 300
Fisheries, High seas fishing, International agreements, Permits,
Reporting and recordkeeping requirements.
Dated: February 1, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend
part 300 as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
1. The authority citation for part 300 continues to read as
follows:
Authority: Sec. 401, Pub. L. 108-219, 118 Stat. 616 (16 U.S.C.
1821 note).
2. Section 300.172 is revised to read as follows:
Sec. 300.172 Vessel list.
The ``vessel list'' is the list of U.S. vessels that are authorized
to fish under the Treaty as amended in 2002. Only a vessel on the list
for at least 7 days may engage in fishing in Canadian waters under the
Treaty as amended in 2002. The owner of any U.S. vessel that wishes to
be eligible to fish for albacore tuna under the Treaty as amended in
2002 must provide the Regional Administrator or his designee with the
vessel name, the owner's name and address, phone number where the owner
can be reached, the U.S. Coast Guard documentation number (or state
registration number if not documented), and vessel operator (if
different from the owner) and his or her address and phone number. On
the date that NMFS receives a request that includes all the required
information, NMFS will place the vessel on the annual vessel list. NMFS
will notify fishermen by a confirmation letter or email of the date the
vessel was placed on the list. Because the vessel list will revert to
zero vessels on December 31 of each year, the required information must
be provided in the manner specified on an annual basis.
[FR Doc. E7-2045 Filed 2-6-07; 8:45 am]
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