[Federal Register Volume 66, Number 78 (Monday, April 23, 2001)]
[Proposed Rules]
[Pages 20419-20420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9984]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 010111010-1010-01-01; I.D. 113000B]
RIN 0648-AO42


International Fisheries Regulations; Pacific Tuna Fisheries; 
Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Correction to proposed rule; implementation of Inter-American 
Tropical Tuna Commission (IATTC) recommendations to reduce bycatch in 
the purse seine fishery and to establish a regional vessel register.

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SUMMARY: This document corrects the classification section of the 
preamble to the proposed rule which was published on March 30, 2001. 
This rule proposes fishery conservation and management measures for the 
purse seine fishery in the eastern Pacific Ocean (EPO) to reduce 
bycatch of juvenile tuna, non-target fish species, and non-fish 
species. The measures were recommended by the IATTC and approved by the 
Department of State (DOS), in accordance with the Tuna Conventions Act 
of 1950. In addition, the proposed rule would establish reporting 
requirements for U.S. vessels fishing for tuna in the EPO so that NMFS 
can provide information to the IATTC for a regional vessel register.

FOR FURTHER INFORMATION CONTACT: Svein Fougner, 562-980-4030.

SUPPLEMENTARY INFORMATION:

Background

    The proposed rule that was published in the Federal Register on 
March 30, 2001 (66 FR 17387), that proposes conservation and management 
measures for the purse seine fishery in the EPO to reduce bycatch of 
juvenile tuna, non-target fish species, and non-fish species, contained 
a number of errors that require correction.

Correction

    In the classification section of the proposed rule FR Doc. 01-7942, 
in the issue of Friday, March 30, 2001 (66 FR 17387), make the 
following correction:
    On page 17388, in the second column, delete the last paragraph and 
replace it with the following paragraphs:
    ``Two alternatives were considered. A no action alternative and an 
additional action alternative.
     Under the no action alternative, U.S. regulations would be 
deferred until it is clear that other nations have placed restrictions 
on their vessels equal to those imposed by the U.S. Deferring 
implementation of these regulations at this time would not immediately 
have any impacts on fish stocks because the U.S. share of total fishing 
in the EPO is quite small and U.S. fishers generally try to avoid small 
fish already due to their low value. Also, U.S. vessels already take 
care to minimize harm to sea turtles. However, this approach could 
result in serious long term impacts if other nations viewed failure of 
the U.S. to implement regulations in a timely manner as a sign of 
disagreement with the measures recommended by the IATTC. The U.S. has 
obligations under the convention to implement such recommendations as 
are approved by the DOS, and not fulfilling those obligations would 
probably result in many other nations failing to abide by the IATTC 
recommendations. This would almost certainly result in overfishing of 
the stocks, excessive bycatch, and long term losses to U.S. industries 
and vessel owners.
    Under the additional action alternative, the U.S. would go beyond 
the recommendations of the IATTC or take an alternative approach to the 
vessel register information collection. For example, NMFS might act to 
require vessels to abort sets if the first brailing of fish on board 
demonstrates that there is a certain percentage of fish below a given 
size. NMFS also could propose to prohibit log sets (fish aggregating 
device sets)(FADs) to ensure that bycatch will be reduced. U.S. vessels 
have become more dependent on log sets (especially FAD sets) in recent 
years, and the IATTC already has recommended (and NMFS has implemented 
regulations) to close the log set fishery from September 15 through 
December 15 (at least for 2000), which will by itself contribute to 
reduced bycatch. NMFS might also establish a separate EPO licensing 
program with applications to include all the specific items of 
information specified in the IATTC recommendation.
    Such actions would have greater impact on U.S. fleets than the 
proposed action. It is likely that more sets would be aborted than is 
now the case, which could cause inefficiency in the fishing operation 
and put the U.S. vessels at a disadvantage compared to foreign fleets. 
It is not clear that the benefits of further reductions would offset 
the loss of economic value associated with log set fishing; log sets 
constitute a very cost-effective fishing technique, and other

[[Page 20420]]

approaches than closures or full retention may be equally effective in 
reducing bycatch.
    With respect to licensing, a single Federal license might be an 
efficient way not only to document who is fishing for these species in 
the EPO, but also to establish the universe of persons who would need 
to be contacted and whose fishing would need to be monitored to ensure 
adequate information for future management decisions. However, NMFS 
notes that the Pacific Fishery Management Council is preparing a 
fishery management plan for U.S. fisheries for highly migratory species 
off California, Oregon and Washington. Among the matters under 
consideration is a single licensing program and comprehensive 
reporting. NMFS does not want to foreclose the Council's options at 
this time, and, therefore, rejects this alternative''.

    Dated: April 17, 2001.
John Oliver,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-9984 Filed 4-20-01; 8:45 am]
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