[Federal Register Volume 67, Number 234 (Thursday, December 5, 2002)]
[Rules and Regulations]
[Pages 72394-72395]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30789]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 021021241-2294-02; I.D. 083002E]
RIN 0648-AP86


International Fisheries; Pacific Tuna Fisheries

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

ACTION:  Final Rule; 2002 Management Measures for Yellowfin and 
Juvenile Bigeye Tuna

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SUMMARY:  NMFS issues a final rule to implement the 2002 management 
measures to prevent overfishing of eastern tropical Pacific(ETP) tuna 
stocks pursuant to recommendations by the Inter-American Tropical Tuna 
Commission (IATTC). These measures have been approved by the Department 
of State (DOS) under the terms of the Tuna Conventions Act. The purse 
seine fishery for tuna in the Convention Area will be closed the month 
of December, 2002. This action is taken to limit total fishing 
mortality caused by purse seine fishing in the Convention Area and thus 
prevent overfishing and maintain the tuna stocks at sustainable levels. 
In addition, the current bycatch reduction pilot program scheduled to 
run through 2002 is extended through 2004.

DATES:  The purse seine tuna fishery closure is effective December 1, 
2002, through December 31, 2002. The termination date for the bycatch 
reduction program is extended from January 2, 2003, to December 31, 
2004.

FOR FURTHER INFORMATION CONTACT:  Svein Fougner, Sustainable Fisheries 
Division, Southwest Region, NMFS, 562-980-4040.

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 (IATTC) signed in 1949. The 
IATTC was established to provide an international arrangement to ensure 
effective international conservation and management of highly migratory 
species of fish 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 sustainable fisheries. The 
Convention Area is defined to include waters of the eastern Pacific 
Ocean (EPO) bounded by the coast of the Americas, the 40[deg] N. and 
40[deg] S. parallels, and the 150[deg] W. meridian.
    At its annual meeting June 26-28, 2002, the IATTC adopted a 
resolution dealing with conservation of ETP tuna stocks. The IATTC 
considered the use of quotas and partial fishery closures as in 1999, 
2000, and 2001; however, after reviewing the administration of these 
quotas and partial closures and the occasions of non-compliance that 
resulted, the IATTC recommended that the Convention Area be closed 
during December 2002. This approach will provide substantial protection 
against overfishing in a manner that is fair and equitable and 
enforceable. There will be no need to investigate catch records to 
determine if incidental catch limits have been exceeded or to 
distinguish between activities inside and outside the IATTC's 
Commission Yellowfin Regulatory Area. The Department of State (DOS) 
approved this recommendation on August 7, 2002.
    The closure is based on 2002 assessments of the condition of the 
tuna stocks in the ETP and the administrative records relating to 
implementation of quotas in prior years. The assessments indicate that 
the stocks are healthy, though there is significant uncertainty with 
respect to the bigeye assessment. The closure is believed to be 
sufficient to prevent overfishing of any tuna stock.
    In addition, the IATTC recommended that the purse seine bycatch 
reduction and sea turtle conservation measures initially implemented in 
2001 and extended through 2002 be further extended through 2004. The 
DOS approved this measure as well.
    A proposed rule to implement these measures was published in the 
Federal Register on November 4, 2002 (67 FR 67139). The public comment 
period ended on November 19, 2002, and no comments were received.
    This document is published under procedures in the Tuna Conventions 
Act of 1950, which authorizes rules to implement IATTC recommendations 
that have been approved by the DOS. For the reasons stated here and in 
accordance with the Tuna Conventions Act of 1950 and its implementing 
regulations, and consistent with the IATTC recommendation: (1) fishing 
for tuna by purse seine vessels in the ETP is prohibited from December 
1, 2002, through December 31, 2002; (2) no species of tuna may be on 
board a purse seine vessel in the ETP from December 1, 2002, through 
December 31, 2002; and (3) any tuna purse seine vessel that normally 
fishes in the ETP must be in port for the month of December 2002, 
except that a vessel may transit the ETP to or from the western Pacific 
(i.e., west of 150 W. longitude) as long as there is an observer on 
board the vessel who is acting under the authority of the International 
Dolphin Conservation Program.

Changes from the Proposed Rule

    This final rule includes several changes from the proposed rule to 
be more explicit and in detailed conformance with the IATTC resolution. 
Specifically, the requirements that prohibit ETP tuna purse seine 
vessels from possessing tuna and that require ETP tuna purse seine 
vessels to be in port for the month of December are added as in the 
IATTC recommendation. It had not been thought necessary to include 
these in the proposed rule as there was no reason to expect that these 
vessels would not be at port or would possess tuna in the closure 
period. However, these were specific provisions of the IATTC 
recommendation and therefore should be explicit provisions of the final 
rule. This should not affect the activity of U.S. tuna purse seine 
fishing vessels. The provision regarding vessels transiting the ETP was 
also added for clarity; this is an ongoing requirement, but it was 
specifically included in the IATTC recommendation and is therefore 
included in the final rule. The transit provision is beneficial for 
U.S. tuna purse seine fishing vessels that may want to deliver western 
Pacific-caught tuna to canneries in eastern Pacific nations or that 
wish to travel from a West Coast port to the western Pacific. These 
impacts are discussed in the Classification section.

Comments and Responses

    No comments were received during the comment period for the 
proposed rule (67 FR 67139, November 4, 2002), which ended November 19, 
2002.

Classification

    This action is authorized by the Tuna Conventions Act, 16 U.S.C. 
951-961 and 971 et seq.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this rule would not have a significant economic 
impact on a substantial number of small entities. The factual basis for 
the certification was published in the proposed rule. No comments were 
received regarding the economic impacts of this action. As a result, no

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 regulatory flexibility analysis was prepared.
    This rule has been determined to be not significant for purposes of 
Executive Order 12866.
    The Assistant Administrator for Fisheries finds good cause, 
pursuant to 5 U.S.C. 553(d)(3), to waive the 30-day delay in the 
effective date of this final rule as failure to implement the closure 
as recommended by the IATTC could reduce the ability of the United 
States to promote full and complete compliance with IATTC 
recommendations by all parties as well as non-parties to the IATTC. 
This would jeopardize the continued effectiveness of the IATTC measures 
to conserve and manage the stocks under its purview.

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

    Dated: November 29, 2002.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs,National Marine 
Fisheries Service.
[FR Doc. 02-30789 Filed 11-29-02; 4:27 pm]
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