[Federal Register Volume 69, Number 122 (Friday, June 25, 2004)]
[Proposed Rules]
[Pages 35569-35570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14473]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 040617186-4186-01; I.D. 051704D]
RIN 0648-AS39
International Fisheries; Pacific Tuna Fisheries; Restrictions for
2004 Purse Seine and Longline Fisheries in the Eastern Tropical Pacific
Ocean
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes this rule to implement the 2004 management
measures to prevent overfishing of the eastern tropical Pacific Ocean
(ETP) tuna stocks, consistent with recommendations by the Inter-
American Tropical Tuna Commission (IATTC) that have been approved by
the Department of State (DOS) under the Tuna Conventions Act. The purse
seine fishery for tuna in a portion of the Convention Area would be
closed for a 6-week period beginning August 1, 2004. This proposed rule
would also close the U.S. longline fishery in the IATTC Convention Area
if the catch reaches the estimated level of 2001. This action is taken
to limit fishing mortality caused by purse seine fishing and longline
fishing in the Convention Area and contribute to long-term conservation
of the tuna stocks at levels that support healthy fisheries.
DATES: Comments must be received by July 12, 2004.
ADDRESSES: Comments on the proposed rule should be sent to Rodney R.
McInnis, Acting Administrator, Southwest Region, NMFS, 501 West Ocean
Boulevard, Suite 4200, Long Beach, CA 90802 or by email to the
Southwest Region at [email protected]. Comments may also be submitted
by email through the Federal e-Rulemaking portal: http://www.regulations.gov. Include in the subject line of the e-mail comment
the following document identifier: 0648-AS39. Comments also may be
submitted by fax to (562) 980-4047. Copies of the regulatory impact
review/regulatory analysis may be obtained from the Southwest Regional
Administrator, Southwest Region, NMFS, 501 W. Ocean Blvd., Long Beach,
CA 90902-4213.
This Federal Register document is also accessible via the Internet
at the Office of the Federal Register's website at http://www.access.gpo.gov/su-docs/acces/.
FOR FURTHER INFORMATION CONTACT: J. Allison Routt, Sustainable
Fisheries Division, Southwest Region, NMFS, (562) 980-4030.
SUPPLEMENTARY INFORMATION: The United States is a member of the IATTC,
which was established under the Convention for the Establishment of an
Inter-American Tropical Tuna Commission signed in 1949 (Convention).
The IATTC was established to provide an international arrangement to
ensure the effective international conservation and management of
highly migratory species of fish in the Convention Area. The Convention
Area is defined to include the waters of the eastern tropical Pacific
Ocean bounded by the coast of the Americas, the 40[deg]N. and 40[deg]
S. parallels, and the 150[deg] W. meridian. The IATTC has maintained a
scientific research and fishery monitoring program for many years and
annually assesses the status of stocks of tuna and the fisheries to
determine appropriate harvest limits or other measures to prevent
overexploitation of the stocks and promote viable fisheries. Under the
Tuna Conventions Act, 16 U.S.C. 951-961 and 971 et seq., NFMS must
publish proposed rules to carry out IATTC recommendations that have
been approved by DOS. The Southwest Regional Administrator, also is
required by rules at 50 CFR 300.29(b)(3) to issue a direct notice to
the owners or agents of all U.S. purse seine vessels that operate in
the ETP of actions recommended by the IATTC and approved by the DOS.
At an extraordinary meeting in October 2003, the IATTC adopted a
resolution addressing yellowfin, bigeye, and skipjack tuna conservation
for 2003 and 2004. The resolution calls upon the Parties to the
Convention and cooperating non-Parties to prohibit tuna purse seine
fishing in a portion of the IATTC Convention Area for the month of
December 2003 and for a 6-week period beginning August 1, 2004. The
2003 closure was implemented by separate action last year. The 2004
closure would be of waters bounded by a line from the point where the
95[deg] W. long. meridian intersects the west coast of the Americas,
south to 10[deg] N. lat., then west to 120[deg] W. long., then south to
5[deg] S. lat. then east to 100[deg] W. long., then north to 5[deg] N.
lat., then east to 85[deg] W. long., and then north to the point of
intersection with the west coast of the Americas. This closure will
target fishing that has higher catches of juvenile tuna. Therefore,
there should be improved yields from the stocks later in the year. The
resolution also calls upon Parties and cooperating non-Parties to take
measures necessary to ensure that their total longline catches of
bigeye tuna in the ETP during 2004 will not exceed those of 2001. The
catch level for 2001 is estimated to be approximately 100 metric tons
in the Convention Area. This is intended to prevent overfishing of the
stock, which has declined in recent years while longline fishing effort
has greatly expanded. The IATTC action at the extraordinary meeting in
October 2003 came after considering a variety of measures, including
the use of quotas and partial fishery closures as in 1999 through 2002
and the full month purse seine closure used in 2003. The selected
measures should provide protection against overfishing of the stocks in
a manner that is fair, equitable, and readily enforceable. The DOS has
approved the IATTC recommendations.
The proposed 2004 time/area closure is based on 2003 assessments of
the condition of the tuna stocks in the ETP and historic catch and
effort data for different portions of the ETP, as well as records
relating to implementation of quotas and closures in prior years. The
closure is targeted to areas with high catches of bigeye tuna in the
purse seine fishery and is believed by the IATTC scientific staff to be
sufficient to reduce the risk of overfishing of that stock, especially
when considered in
[[Page 35570]]
combination with the measures implemented in December 2003. The IATTC
will meet in June 2004 and review new tuna stock assessments and
fishery information and will consider that new information in
evaluating the need for management measures for 2005 and future years.
The Acting Regional Administrator, Southwest Region, sent a notice
October 10, 2003, to owners and agents of U.S. tuna purse seine fishing
vessels of the actions that were recommended by the IATTC and have been
approved by the DOS.
Classification
This action is proposed under the regulations for the Pacific Tuna
Fisheries found at 50 CFR 200.29.
On December 8, 1999, NMFS prepared a biological opinion (BO)
assessing the impacts of the fisheries as they would operate under the
regulations (65 FR 47, January 3, 2000) implementing the International
Dolphin Conservation Program Act (IDCPA) that amended the Marine Mammal
Protection Act (MMPA). NMFS concluded that the fishing activities
conducted under those regulations are not likely to jeopardize the
continued existence of any endangered or threatened species under the
jurisdiction of NMFS or result in the destruction or adverse
modification of critical habitat. This rule will not result in any
changes in the fisheries such that there would be impacts beyond those
considered in that BO. The IATTC has also taken action to reduce sea
turtle injury and mortality from interactions in the purse seine
fishery so impacts of the fisheries should be lower than in the past.
Because this closure does not alter the scope of the fishery management
regime analyzed in the IDCPA rule, or the scope of the impacts
considered in that consultation, NMFS is relying on that analysis to
conclude that this rule will not likely adversely effect any endangered
or threatened species under the jurisdiction of NMFS or result in the
destruction or adverse modification of critical habitat. Therefore,
NMFS has determined that additional consultation is not required for
this action.
The U.S. ETP tuna purse seine fisheries occasionally interact with
a variety of species of dolphin, and dolphin takes are authorized and
managed under the IDCPA. These conservation management measures in this
proposed rule do not affect the administration of that program, which
is consistent with section 303(a)(2) of the MMPA.
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 that this proposed rule, if adopted, would not have a
significant economic impact on as substantial number of small entities
as follows:
This action would prohibit the use of purse seine gear to
harvest tuna in a portion of the Convention Area for a 6-week period
beginning August 1, 2004, and limit the 2004 U.S. catch of bigeye
tuna caught by longline in the ETP to the level reached in 2001
(approximately 100 metric tons). The proposed purse seine closure
would apply to the U.S. tuna purse seine fleet, which consists of
10-20 small vessels (carrying capacity below 400 short tons (363
metric tons)) and 4-6 large vessels (carrying capacity 400 short
tons (363 metric tons) or greater). The large vessels usually fish
outside U.S. waters and deliver their catch to foreign ports or
transship to processors outside the mainland United States. The
large vessels are categorized as large business entities (revenues
in excess of $3.5 million per year). A large purse seine vessel
typically generates 4,000 to 5,000 metric tons of tuna valued at
between $4 and $5 million per year. The closure should not
significantly affect their operations as they are capable of fishing
in other areas that would remain open. The small vessels are
categorized as small business entities (revenues below $3.5 million
per year). They fish out of California in the U.S. exclusive
economic zone (EEZ) most of the year for small pelagic fish (Pacific
sardine, Pacific mackerel) and for market squid in summer. Some
small vessels harvest tuna seasonally when they are available. The
proposed time/area closure will have no effect on small vessels
because they do not have the endurance and markets to fish that far
south.
The portion of the U.S. longline fleet (approximately 18
vessels) operating out of California has historically caught bigeye
tuna in the swordfish fishery (now closed), so they should not be
affected by the longline fishery limit. Further, the recent
prohibition of swordfish targeting by this fleet has encouraged many
of the vessel owners to relocate their activity to Hawaii (5 have
moved or are moving to date); therefore, the likelihood that they
will fish in the ETP for bigeye tuna is reduced. The portion of the
fleet operating out of Hawaii has generally operated outside the
boundaries of the IATTC Convention Area, and has not made
significant catches in those waters. Also, with the reopening of the
swordfish fishery for that fleet, effort directed at bigeye tuna
(which has mainly occurred west of the Convention Area) should
decrease, so there is a very low likelihood that the bigeye catch
limit of 100 metric tons will be reached and trigger a closure.
As a result, a regulatory flexibility analysis is not required and
none has been prepared.
Authority: 16 U.S.C. 951-961 and 971 et seq.
Dated: June 21, 2004.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 04-14473 Filed 6-24-04; 8:45 am]
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