[Federal Register Volume 59, Number 57 (Thursday, March 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6933]


[[Page Unknown]]

[Federal Register: March 24, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 204 and 282

[Docket No. 930639-4074; I.D. 012194B]
RIN 0648-AE18

 

South Pacific Tuna Fisheries

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS adopts the interim final rule implementing revisions to 
the annexes to the Treaty on Fisheries Between the Governments of 
Certain Pacific Island States and the Government of the United States 
of America (Treaty) as final with one change. As a result of public 
comments, NMFS hereby modifies the definition of Treaty.

EFFECTIVE DATE: March 24, 1994.

ADDRESSES: Requests for license applications, copies of the Treaty and 
Annexes, and further information should be addressed to Anneka W. Bane, 
Acting Director, Southwest Region, NMFS, 501 W. Ocean Blvd., suite 
4200, Long Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: Svein Fougner, (310) 980-4034.

SUPPLEMENTARY INFORMATION: The background and specifics of the Treaty 
have been published (54 FR 4033, January 27, 1989; 56 FR 19312, April 
26, 1991; 58 FR 33565, June 18, 1993) and are not repeated here. The 
South Pacific Tuna Act, 16 U.S.C. Chapter 16C (Act), authorizes the 
Secretary of Commerce to issue regulations as may be necessary to carry 
out the purposes and objectives of the Treaty. The Treaty was signed in 
1987 by the United States and member states of the South Pacific Forum 
Fisheries Agency (FFA). The 16 island nations participating under the 
Treaty and collectively referred to as the Pacific Island Parties are 
Australia, Cook Islands, Federated States of Micronesia, Fiji, Republic 
of Kiribati, Republic of the Marshall Islands, Republic of Nauru, New 
Zealand, Niue, Republic of Palau, Papua New Guinea, Solomon Islands, 
Kingdom of Tonga, Tuvalu, Vanuatu, and Western Samoa. The Treaty 
authorizes U.S. tuna vessels to fish within fishing zones of a large 
region of the South Pacific. NMFS is responsible for most of the day-
to-day operational aspects of the United States obligations under the 
Treaty; the Department of State is responsible for the formal country-
to-country contacts under the Treaty. On May 13, 1992, negotiations 
were concluded to amend and extend for 10 years: (1) The Annexes to the 
Treaty, and (2) schedule 2 to Annex II of the Treaty. On June 18, 1993, 
NMFS published an interim final rule that implemented the May 1992 
amendments (58 FR 33565).
    This rule adopts as final the interim final rule published on June 
18, 1993, with one minor change regarding the definition of Treaty. 
This change was suggested based on public comment and is described 
below.

Comments and Responses

    The only comment on the interim final rule was received from the 
Department of State. The commenter pointed out that the Annexes to the 
Treaty were not amended on May 13, 1992, as implied in the definition 
of Treaty as revised by NMFS's interim final rule; only the 
negotiations were concluded. He suggested deleting the reference to May 
13, 1992, in the new definition of Treaty. NMFS agrees and has deleted 
the date from the definition. (Subsequently, the Annex revisions were 
ratified, effective June 15, 1993).

Classification

    Because it involves a foreign affairs function of the United 
States, this action is not subject to section 553 of the Administrative 
Procedure Act. Thus, this rule may be made immediately effective.

List of Subjects in 50 CFR Part 282

    Fisheries, Reporting and recordkeeping requirements, Treaties.

    Dated: March 18, 1994.
Charles Karnella,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    Accordingly, the interim final rule amending 50 CFR parts 204 and 
282 which was published at 58 FR 33565 on June 18, 1993, is adopted as 
a final rule with the following change:

PART 282--SOUTH PACIFIC TUNA FISHERIES

    1. The authority citation for part 282 continues to read as 
follows:

    Authority: 16 U.S.C. 973-973r; TIAS 11,100, 26 I.L.M. 1048 
(1987).

    2. In Sec. 282.2, the definition for ``Treaty'' is revised to read 
as follows:


Sec. 282.2  Definitions.

* * * * *
    Treaty means the Treaty on Fisheries Between the Governments of 
Certain Pacific Island States and the Government of the United States 
of America, signed in Port Moresby, Papua New Guinea, April 2, 1987, 
and its Annexes, Schedules, and implementing agreements, as amended.
* * * * *
[FR Doc. 94-6933 Filed 3-23-94; 8:45 am]
BILLING CODE 3510-22-P