[Federal Register Volume 68, Number 232 (Wednesday, December 3, 2003)]
[Rules and Regulations]
[Pages 67607-67608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30132]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. ; 031022265-3293-02; I.D. 092203E]
RIN 0648-AQ93


International Fisheries; Pacific Tuna Fisheries

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

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

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SUMMARY: NMFS announces final 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 
is prohibited in a portion of the Convention Area for the month of 
December, 2003. This action is taken to limit the impact of the purse 
seine fishery on bigeye tuna which are taken with yellowfin tuna in 
these waters and thus reduce the potential for overfishing.

DATES: The time and area closure is in effect from 0001 hours December 
1, 2003, through 2400 hours December 31, 2003.

ADDRESSES: Copies of the regulatory impact review/regulatory analysis 
may

[[Page 67608]]

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.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This Federal Register document is also accessible via the Internet 
at the Office of the Federal Register's Web site at http://www.access.gpo.gov/su-docs/aces/aces140.html.
    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 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 publishes rules to carry out 
IATTC recommendations that have been approved by the Department of 
State (DOS). Under 50 CFR 300.29(b)(3), the Southwest Regional 
Administrator, NMFS, also issues direct notices 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 a meeting held on October 6-7, 2003, the IATTC agreed to a tuna 
fishery conservation and management measure 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 W. 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 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 recommended 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. The assessments indicate that the stocks are healthy. The 
closure is targeted to areas with high catches of bigeye tuna in the 
purse seine fishery and 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 
and 2005 with respect to longline fishing. The 2004 measures, when 
implemented, will include 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. 
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.
    On October 10, 2003, the Acting Regional Administrator, Southwest 
Region, sent a notice 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.

Comments and Responses

    No comments were received during the comment period for the 
proposed rule (68 FR 63052, November 7, 2003), which ended November 19, 
2003.

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 final 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 final 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 final 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 rule would not have a significant economic 
impact on a substantial number of small entities. The factual basis for 
this certification was published in the proposed rule. No comments were 
received regarding the economic impacts of this action. As a result, no 
regulatory flexibility analysis was prepared.
    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 28, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 03-30132 Filed 11-28-03; 4:36 pm]
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