[Federal Register Volume 68, Number 216 (Friday, November 7, 2003)]
[Proposed Rules]
[Pages 63052-63053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-28128]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 0310222265-3265-01; I.D. 092203E]
RIN 0648-AQ93


International Fisheries; Pacific Tuna Fisheries

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

ACTION:  Proposed rule; 2003 management measures for tuna purse seine 
fisheries in the Eastern Pacific Ocean

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

SUMMARY: NMFS proposes this rule to implement the 2003 management 
measures to prevent overfishing of 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 the month of December, 2003. This action is taken to limit 
fishing mortality caused by purse seine fishing in that portion of the 
Convention Area and contribute to long-term conservation of the tuna 
stocks at levels that support healthy fisheries.

DATES:  Comments must be submitted in writing by November 19, 2003.

ADDRESSES:  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 90802-4213.

FOR FURTHER INFORMATION CONTACT:  Svein Fougner, Sustainable Fisheries 
Division, Southwest Region, NMFS, 562-980-4040.
    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/aces/aces140.html.

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 the 
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 viable fisheries. The 
Convention Area is defined to include 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. Under the Tuna 
Conventions Act, NMFS 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 its annual meeting held on June 25-27, 2003, the IATTC 
provisionally adopted a resolution dealing with conservation of ETP 
tuna stocks. However, one Party to the IATTC indicated that it would 
have to obtain higher level concurrence before it could officially 
agree to those measures and ultimately indicated it could not agree. 
The IATTC then held another meeting October 6-7, 2003, and agreed to 
measures for 2003. The IATTC agreed to recommend that purse seine 
fishing for tuna be prohibited in December 2003 in 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] S. 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 is a smaller closure than originally agreed to but will 
target fishing which has higher catches of juvenile tuna. Thus, there 
should be improved yields from the stocks later in the year. The IATTC 
action came after considering a variety of measures, including the use 
of quotas and partial fishery closures as in 1999, 2000, and 2001 and 
the full month purse seine closure used in 2002. In addition, the IATTC 
agreed to broader measures for 2004, which NMFS will consider in a 
future rulemaking, including a 6-week closure of all purse seine 
fisheries in the eastern Pacific Ocean beginning August 1, 2004, and 
limitation of longline fisheries to the bigeye tuna catch levels 
achieved in 2001. This approach should provide protection against 
overfishing of the stocks in a manner that is fair, equitable and 
readily enforceable. The DOS has approved this recommendation.
    The proposed 2003 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 eastern Pacific Ocean, as 
well as records relating to implementation of quotas and closures in 
prior years. To ensure the continued health of the stocks, the IATTC 
recommended and the DOS approved a closure in a portion of the 
Convention Area for the month of December 2003. The closure is targeted 
to areas with high catches of bigeye tuna in the purse seine fishery 
and, together with agreed upon restriction for 2004, is believed by the 
IATTC scientific staff to be sufficient to reduce the risk of 
overfishing of that stock, especially when considered in combination 
with the measures recommended for 2004. 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.

[[Page 63053]]

Classification

    This action is authorized by the Tuna Conventions Act, 16 U.S.C. 
951-961 and 971 et seq.
    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). 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 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. Therefore, NMFS has determined that 
additional consultation is not required for this action.
    The eastern Pacific Ocean tuna purse seine fisheries occasionally 
interact with a variety of species of dolphin, and dolphin takes are 
authorized and managed under the IDCPA. These quotas do not affect the 
administration of that program, which is consistent with section 
303(a)(2) of the Marine Mammal Protection Act (MMPA). Therefore, this 
rule is consistent with 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 a substantial number of small entities 
as follows:
    The purpose of this action is to prohibit the use of purse seine 
gear to harvest tuna in a portion of the Convention Area in December 
2003, consistent with the October 2003 IATTC recommendation. The 
closure is intended to promote conservation of tuna stocks by 
eliminating purse seine fishing mortality by vessels from all 
parties to the IATTC. The proposed 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 generally 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). 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 categorizes as small business 
entities (revenues below $3.5 million per year). They fish in the 
U.S. exclusive economic zone most of the year for small pelagic fish 
(Pacific sardine, Pacific mackerel) and for market squid in the 
winter. However, some small vessels harvest tuna seasonally when 
they are available, usually late in the summer and early fall. The 
proposed time/area closure should have little effect on small 
vessels because there is little tuna fishing by small vessels in 
that time/area stratum. The small vessel fleet should not be 
affected by the time/area closure as the closed waters are out of 
the range of almost all the small vessels. In addition, the small 
vessels will be able to target market squid or sardine in December 
as is their normal pattern. As a result, an Initial Regulatory 
Flexibility Analysis was not prepared.

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

    Dated: November 4, 2003.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 03-28128 Filed 11-4-03; 2:39 pm]
BILLING CODE 3510-22-S