[Federal Register Volume 65, Number 169 (Wednesday, August 30, 2000)]
[Rules and Regulations]
[Pages 52672-52673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22204]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 991207319-9319-01; I.D. 072700A]


International Fisheries; Pacific Tuna Fisheries; Closure of the 
Purse Seine Fishery for Bigeye Tuna

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

ACTION: Fishing restrictions; request for comments.

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

SUMMARY: NMFS announces a three-month closure of the purse seine 
fishery on floating objects in the eastern Pacific Ocean, consistent 
with recommendations by the Inter-American Tropical Tuna Commission 
(IATTC) that have been approved by the Department of State under the 
terms of the Tuna Conventions Act. If a closure earlier than the 
scheduled closure is required, a subsequent document will be published 
in the Federal Register indicating the date on which the fishery 
associated with floating objects will close.

DATES: Effective from 12 midnight on September 14, 2000, through 12 
midnight December 15, 2000. Comments will be accepted through September 
14, 2000.

ADDRESSES: Submit comments to Rebecca Lent, Regional Administrator, 
Southwest Region (Regional Administrator), NMFS, 501 W. Ocean 
Boulevard, Suite 4200, Long Beach, CA 90802-4213.

FOR FURTHER INFORMATION CONTACT: Mr. Svein Fougner at 562-980- 4040.

SUPPLEMENTARY INFORMATION: This action is taken under the authority of 
the regulations at 50 CFR part 300, subpart C, which implement the Tuna 
Conventions Act (16 U.S.C. 955). The U.S. 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 the 
effective international conservation and management of tunas and tuna-
like fishes in the Convention Area. 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.
    At its meeting in June 2000, the IATTC adopted a resolution to 
close the purse seine fishery associated with floating objects 
(including fish aggregating devices, or FADS) for the period September 
15 through December 15, 2000. The area covered by this recommendation 
is all waters of the eastern Pacific Ocean (EPO) between 40 deg. N. 
lat. and 40 deg. S. lat. out to 150 deg. W. long. The resolution is 
intended to ensure overall conservation of the bigeye tuna stock and to 
ensure that the catch of juvenile bigeye tuna would not adversely 
affect the stock.
    This action replaced the recommendation of IATTC in October 1999 
that set a provisional 2000 quota of 40,000 metric tons for bigeye tuna 
taken by purse seine vessels in the EPO. That quota would have been 
implemented by prohibiting purse seine sets on all types of floating 
objects in the Convention Area when the quota was reached.
    The Department of State has approved this new recommendation. The 
reason for choosing to close the fishery on floating objects, is that 
sets on floating objects are the major strategy the purse seine fishery 
uses to catch bigeye tuna. Sets on floating objects are generally more 
likely to catch juvenile bigeye, with the result that future yields 
from the stock could be jeopardized if juvenile bigeye mortality is 
excessive. To date in 2000, however, catches of juvenile bigeye tuna in 
the purse seine fishery have been minimal. The seasonal closure is 
believed to be sufficient to achieve conservation objectives.
    For the reasons stated here and in accordance with the regulations 
at 64 FR 44428, August 16, 1999, NMFS herein announces that:
    No U.S. purse seine fishing vessel may deploy a purse seine net 
around floating objects in the Convention Area between midnight 
September 14, 2000, and midnight December 15, 2000.

Classification

    This action is authorized by the regulations implementing the Tuna 
Conventions Act. The determination to take this action is based on the 
most recent data available. The aggregate data upon which the 
determination is based are available for public inspection at the 
Office of the Regional Administrator (see ADDRESSES) during business 
hours.
    This action is taken under the authority of 50 CFR part 300, 
subpart C and is exempt from review under Executive Order 12866. 
Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C., 
601 et seq., are not applicable.
    The Assistant Administrator for Fisheries, NOAA (AA) finds for good 
cause under 5 U.S.C. 553(b)(B) that providing prior notice and an 
opportunity for public comment on this action is unnecessary. The rule 
authorizing this action provides for quotas agreed to by the IATTC and 
approved by the Department of State to be effective upon direct 
notification of the U.S. tuna fishing industry. Providing prior notice 
and an opportunity for public comment would serve no useful purpose. 
The AA finds for good cause under 5 U.S.C. 553(d)(3) that a 30-day 
delay in effectiveness for this 2000 quota would be contrary to the 
public interest. Such a delay could prevent the

[[Page 52673]]

quota from being in place before it is exceeded and the fisheries 
closed.

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

    Dated: August 17, 2000.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 00-22204 Filed 8-29-00; 8:45 am]
 Billing Code: 3510-22-S