[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]
BILLING CODE 3510-22-S