[Federal Register Volume 64, Number 157 (Monday, August 16, 1999)]
[Rules and Regulations]
[Pages 44428-44431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21196]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 990212047-9208-02; I.D. 111998C]
RIN 0648-AL28


International Fisheries Regulations; Pacific Tuna Fisheries

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

ACTION: Final rule; implementation of Inter-American Tropical Tuna 
Commission (IATTC) recommendations.

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SUMMARY: NMFS issues final regulations to implement recommendations of 
the

[[Page 44429]]

IATTC to conserve and manage the tuna fisheries of the Eastern Tropical 
Pacific Ocean (ETP). This rule provides for an annual announcement of 
tuna harvest quotas, closure of the U.S. fishery in the IATTC's 
Convention Area or in the Yellowfin Regulatory Area (CYRA) when quotas 
have been reached, and implementation of other measures recommended by 
the IATTC to ensure conservation and management of fishery resources. 
The rule also prohibits U.S. citizens from utilizing vessels that 
service fish-aggregating devices (FADs) and prohibits the transshipment 
at sea by U.S. purse seine vessels of purse seine-caught tuna. This 
final rule is intended to ensure that U.S. fisheries are conducted 
according to the IATTC's recommendations, as approved by the Department 
of State.

DATES: Effective September 13, 1999.

FOR FURTHER INFORMATION CONTACT: Svein Fougner or James Morgan, 
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. The IATTC was 
established to provide an international arrangement to ensure 
conservation and management of yellowfin and skipjack tuna and other 
species taken by tuna fishing vessels in the ETP. The IATTC has 
maintained a scientific research and fishery monitoring program for 
many years and annually assesses the status of tuna stocks and 
conditions in the fisheries. Each year, the IATTC recommends 
appropriate harvest levels (quotas) and/or other measures to prevent 
overexploitation and promote maximum sustainable yield (MSY). Each 
member country of the IATTC is responsible for enforcing quotas and 
other measures with respect to its own fisheries. As required by the 
Tuna Conventions Act of 1950, the recommendations of the IATTC must be 
approved by the Secretary of State before implementation for U.S. 
fisheries.
    NMFS published a proposed rule on February 25, 1999 (64 FR 9296), 
that provided background on the 1998 recommendations that were not 
implemented and other permanent measures that are implemented by this 
rule. That background is not repeated here.

Comments and Responses

    Three organizations commented on the proposed rule. Although most 
of the comments cannot be addressed by Federal regulations, the 
comments are summarized below with NMFS responses.
    Comment 1: The U.S. Government should insist on the formation of a 
compliance committee in the IATTC to ensure that all member countries 
abide by IATTC recommendations.
    Response: The United States has supported establishing such a 
committee under the auspices of the IATTC and has proposed terms of 
reference for a compliance committee. At its annual meeting in June 
1999, the IATTC agreed to establish a Compliance Committee based on the 
U.S. terms of reference.
    Comment 2: Fishermen should be prohibited from fishing all gear 
types, not only purse seines, when such a prohibition is necessary to 
reduce the harvest of small fish.
    Response: This rule does not impose an immediate prohibition of 
sets on floating objects. Although the IATTC resolution of October 1998 
specifically recommended prohibiting purse seines from being set on 
floating objects after the bigeye quota is reached, the prohibitions in 
Sec. 300.28(b) have been revised to authorize the Southwest Regional 
Administrator, NMFS (Regional Administrator) to prohibit any fishing 
gear, as specified in the notification to fishermen, if such a 
prohibition is necessary for the conservation of fishery resources or 
other species.
    Comment 3: One commenter expressed concern about the need for a 
quota on bigeye tuna and the quality of the data used to establish it. 
Questions were raised about using data obtained from foreign longline 
vessels, which may not have observers; the ability of observers on any 
vessel to distinguish between small yellowfin and bigeye tuna, and the 
effects of El Nino on the resource.
    Response: A 45,000-metric ton (mt) quota on bigeye tuna was 
recommended by the IATTC and adopted by the member countries in 1998. 
The questions raised by the commenter, however, are legitimate and have 
a bearing on future decisions that the IATTC may make. Other nations 
also have questioned the quality of the data used to assess bigeye 
stocks and the effects of harvesting small bigeye on floating object 
sets. The IATTC staff are aware of these questions and have research 
underway to answer some of them. U.S. scientists are also obtaining 
U.S. vessels' catch and effort data to determine the extent to which 
those data confirm the IATTC staff analyses.
    Comment 4: The prohibition on fishing on floating objects as a way 
of reducing the harvest of small fish is too simplistic. It implies 
that the only goal is the maximum productivity of tuna without 
recognizing the impact on other species. It also discriminates against 
nations that depend on this fishing strategy as a way to reduce the 
take of dolphins.
    Response: This rule does not prohibit fishing on floating objects 
(natural or man-made); rather, it authorizes the Regional Administrator 
to prohibit fishing on floating objects in the future. The 1998 quota 
on bigeye would have been implemented by prohibiting sets on floating 
objects if and when the quota was reached. The bigeye quota is enforced 
this way because floating objects sets are responsible for virtually 
all the catch of small bigeye tuna. In fact, some nations may have been 
reluctant to set the 1999 quota in part because they did not want their 
vessels to be restricted from using a strategy on which they had become 
dependent. The U.S. supported the 1998 quota reluctantly because U.S. 
vessels are largely dependent on floating object fishing. However, in a 
meeting in January 1999, NMFS insisted that any consideration of 
management measures directed at any single fishing strategy be based on 
a full analysis of impacts on the stocks, on other ecosystem components 
(e.g., dolphin and other non-fish species), and on the vessels engaged 
in the fishery. The U.S. Department of State also actively seeks input 
from U.S. vessel owners to ensure that U.S. positions consider fully 
the impacts of alternative measures on U.S. firms.
    Comment 5: The 15-percent incidental catch for yellowfin tuna that 
the IATTC recommended for the closed season in 1998 would allow 
uncontrolled mortality in excess of the estimated MSY.
    Response: The IATTC resolutions in 1998 regarding yellowfin tuna 
included recommendations that apply to fishing vessels after the quota 
is reached, such as allowing a vessel to retain a 15-percent incidental 
harvest by weight of yellowfin tuna while fishing for other species of 
tuna. The 15-percent incidental catch allocation for yellowfin tuna 
will not allow uncontrolled mortality in excess of MSY. The IATTC 
estimates the amount of yellowfin tuna that will be caught during a 
closure and includes those data in its decision about when to close the 
fishery. The closure date is chosen so that the total yellowfin harvest 
(including incidental catch) will not exceed MSY. This final rule 
authorizes the Regional Administrator

[[Page 44430]]

to close the U.S. fishery for yellowfin tuna or other species of tuna 
at such time as the IATTC Director of Investigations advises that the 
quota will be reached.

Bigeye and FAD issues in 1999

    In 1999, the IATTC recommended that action be taken to limit the 
catch of bigeye tuna to 40,000 mt by prohibiting purse seine sets on 
all types of floating objects in the Convention Area when this harvest 
level is reached. This would tend to reduce the harvest of small fish 
and increase the catch-per-recruit.
    This final rule establishes a procedure for implementing future 
recommendations of the IATTC. In addition, this final rule implements 
the following two measures, which were recommended by the IATTC in 1998 
and approved by the Department of State:
    1. The use of tender vessels, which are vessels that do not engage 
in purse seining but tend FADS in support of tuna fishing operations, 
in the Convention Area is prohibited; and
    2. The transshipment of tuna by purse seine vessels at sea in the 
Convention Area is prohibited.
    NMFS will notify fishermen of any future resolutions adopted by the 
IATTC and approved by the Department of State.

Changes to the Proposed Rule

    Changes to the proposed rule were made to the definition of 
Regional Administrator to allow a designee to act in his or her stead, 
and to the prohibitions section at Sec. 300.28(b) to authorize the 
Regional Administrator to prohibit the use of any fishing gear around 
floating objects, if such a prohibition is necessary for the 
conservation of fishery resources or other species.

Classification

    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    The Assistant General Counsel for Legislation and Regulation of the 
Department of Commerce certified to the Chief Counsel for Advocacy of 
the Small Business Administration when this rule was proposed, that 
this rule, if adopted as proposed, would not have a significant 
economic impact on a substantial number of small entities. No comments 
were received regarding this certification. As a result, a regulatory 
flexibility analysis was not prepared.

List of Subjects in 50 CFR Part 300

    Fish, Fisheries, Fishing, High seas fishing, International 
agreements, Reporting and recordkeeping requirements.

    Dated: August 10, 1999.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 300 is amended 
as follows:

PART 300--INTERNATIONAL FISHERIES REGULATIONS

Subpart C--Pacific Tuna Fisheries

    1. The authority citation for subpart C continues to read as 
follows:

    Authority: 16 U.S.C. 951-961 and 971 et seq.

    2. Section 300.20 is revised to read as follows:


Sec. 300.20  Purpose and scope.

    The regulations in this subpart implement the Tuna Conventions Act 
of 1950 (Act) and the Atlantic Tunas Convention Act of 1975. The 
regulations provide a mechanism to carry out the recommendations of the 
Inter-American Tropical Tuna Commission (IATTC) for the conservation 
and management of highly migratory fish resources in the Eastern 
Tropical Pacific Ocean so far as they affect vessels and persons 
subject to the jurisdiction of the United States. They also carry out 
the recommendations of the International Commission for the 
Conservation of Atlantic Tunas for the conservation of bluefin tuna, so 
far as they affect vessels and persons subject to the jurisdiction of 
the United States.
    3. Section 300.21 is amended by removing the definition of 
``Regional Director'' and adding definitions for ``Bigeye tuna'', 
``Commission's Yellowfin Regulatory Area (CYRA)'', ``Convention Area'', 
``Fish aggregating device (FAD)'', ``Fishing trip'', ``Floating 
object'', ``Incidental catch or incidental species'', ``Land or 
Landing'', ``Observer'', ``Regional Administrator'', ``Tender vessel'', 
``Transship'', and ``Transshipment receiving vessel'' in alphabetical 
order to read as follows:


Sec. 300.21  Definitions.

* * * * *
    Bigeye tuna means the species Thunnus obesus.
* * * * *
    Commission's Yellowfin Regulatory Area (CYRA) means the waters 
bounded by a line extending westward from the mainland of North America 
along the 40 deg. N. latitude parallel, and connecting the following 
coordinates:
    40 deg. N. lat., 125 deg. W. long.;
    20 deg. N. lat., 125 deg. W. long.;
    20 deg. N. lat., 120 deg. W. long.;
    5 deg. N. lat., 120 deg. W. long.;
    5 deg. N. lat., 110 deg. W. long.;
    10 deg. S. lat., 110 deg. W. long.;
    10 deg. S. lat., 90 deg. W. long.;
    30 deg. S. lat., 90 deg. W. long.; and then eastward along the 
30 deg. S. latitude parallel to the coast of South America.
    Convention Area means the waters within the area bounded by the 
mainland of the Americas, lines extending westward from the mainland of 
the Americas along the 40 deg. N. lat. and 40 deg. S. lat., and 
150 deg. W. long.
    Fish aggregating device (FAD) means a manmade raft or other 
floating object used to attract tuna and make them available to fishing 
vessels.
    Fishing trip means a period of time between landings when fishing 
is conducted.
* * * * *
    Floating object means any natural object or FAD around which 
fishing vessels may catch tuna.
     Incidental catch or incidental species means species caught while 
fishing with the primary purpose of catching a different species. An 
incidental catch is expressed as a percentage of the weight of the 
total fish on board.
    Land or Landing means to begin transfer of fish from a fishing 
vessel. Once transfer begins, all fish on board the vessel are counted 
as part of the landing.
    Observer means an individual placed aboard a fishing vessel under 
the IATTC observer program or any other international observer program 
in which the United States may participate.
* * * * *
     Regional Administrator means the Administrator, Southwest Region, 
NMFS, or his designee.
* * * * *
    Tender vessel means a vessel that does not engage in purse seine 
fishing but tends to FADs in support of tuna fishing operations.
     Transship means to unload fish from a vessel that caught fish to 
another vessel.
    Transshipment receiving vessel means any vessel, boat, ship, or 
other craft that is used to receive fish from a fishing vessel.
    4. In Sec. 300.28, the section heading is revised, paragraphs (a) 
through (c) are redesignated as (e) through (g), respectively, and new 
paragraphs (a) through (d) are added to read as follows:


Sec. 300.28  Prohibitions.

* * * * *
    (a) Land any species of tuna during the closed season for that 
species in excess of the amount allowed by the Regional Administrator.

[[Page 44431]]

    (b) Fish on floating objects in the Convention Area using any gear 
type specified by the Regional Administrator's notification of closure 
issued under Sec. 300.29.
    (c) Use tender vessels in the Convention Area.
    (d) Transship purse seine-caught tuna at sea within the Convention 
Area.
* * * * *
    5. Section 300.29 is added to Subpart C to read as follows:


Sec. 300.29  Eastern Pacific fisheries management.

    (a) Notification of IATTC recommendations. The Regional 
Administrator will directly notify owners or agents of U.S. tuna 
vessels of any fishery management recommendations made by the IATTC and 
approved by the Department of State that will affect fishing or other 
activities by U.S. parties with fishery interests in the Convention 
Area. As soon as practicable after such notification, the Regional 
Administrator will announce approved IATTC recommendations in the 
Federal Register.
    (b) Tuna quotas. (1) Fishing seasons for all tuna species begin on 
January 1 and end either on December 31 or when NMFS closes the fishery 
for a specific species.
    (2) The Regional Administrator may close the U.S. fishery for 
yellowfin, bigeye, or skipjack tuna or any other tuna species in the 
Convention Area or portion of the Convention Area when advised by the 
Director of Investigations of the IATTC that the associated quota has 
been or is projected to be reached. Any such closure may include:
    (i) An allowance for an incidental catch that may be landed while 
fishing for other tuna species;
    (ii) A prohibition on the further setting of specified gear types 
on floating objects by U.S. vessels in the Convention Area;
    (iii) Provisions for vessels that are at sea during an announced 
closure to fish unrestricted until the fishing trip is completed;
    (iv) Provisions for vessels at sea with an observer on board during 
any closure to land fish unrestricted if the landing occurs after 
December 31; or
    (v) Other measures to ensure that the conservation and management 
measures of the IATTC are achieved.
    (3) The Regional Administrator will announce any such closures 
directly to the owners or agents of U.S. vessels who are fishing in or 
are eligible to fish in the Convention Area.
    (4) As soon as practicable after being advised of the quota 
attainment or projection under paragraph (b)(2) of this section, the 
Regional Administrator will publish an announcement of the closure in 
the Federal Register.
    (c) Use of tender vessels. No person subject to these regulations 
may use a tender vessel in the Convention Area.
    (d) Transshipments at sea. No person subject to these regulations 
may transship purse seine-caught tuna from one vessel to another vessel 
at sea within the Convention Area.

PART 300--[AMENDED]

    6. In addition to the amendments set forth under the authority of 
16 U.S.C. 773 et seq.; 16 U.S.C. 951-961 and 971 et seq.; 16 U.S.C. 
973-973r; 16 U.S.C. 2431 et seq.; 16 U.S.C. 3371-3378; 16 U.S.C. 
3636(b); 16 U.S.C. 5501 et seq.; and 16 U.S.C. 1801 et seq., in part 
300, revise all references to ``Regional Director'' to read ``Regional 
Administrator''.
[FR Doc. 99-21196 Filed 8-13-99; 8:45 am]
BILLING CODE 3510-22-F