[Federal Register Volume 72, Number 31 (Thursday, February 15, 2007)]
[Proposed Rules]
[Pages 7385-7386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2677]



[[Page 7385]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 665

[I.D. 020107A]
RIN 0648-AT55


Fisheries in the Western Pacific; Western Pacific Pelagic 
Fisheries; Management Measures for Bigeye Tuna Pacific-Wide and 
Yellowfin Tuna in the Western and Central Pacific Ocean

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

ACTION: Notice of availability of Fishery Management Plan (FMP) 
amendment; request for comments.

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SUMMARY: NMFS announces the availability, for public review and 
comment, of proposed Amendment 14 to the FMP for Pelagic Fisheries of 
the Western Pacific Region (Pelagics FMP). The amendment responds to 
the Secretary of Commerce's determination that overfishing is occurring 
on bigeye tuna (Thunnus obesus) Pacific-wide, and on yellowfin tuna 
(Thunnus albacares) in the western and central Pacific Ocean (WCPO). 
The measures in the amendment are designed to end overfishing of bigeye 
tuna Pacific-wide and yellowfin tuna in the WCPO, as required under the 
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). Amendment 14 would establish Federal permitting and 
reporting requirements for all U.S. Hawaii-based small boat commercial 
pelagic fishermen. Internationally, Amendment 14 would establish for 
the Western Pacific Fishery Management Council (Council) an internal 
protocol related to its role in managing pelagic fish stocks that are 
managed internationally, including its participation in U.S. 
delegations to meetings of regional fishery management organizations 
(RFMOs). This amendment also recommends that NMFS and the Department of 
State work through the RFMOs to immediately end overfishing of bigeye 
tuna Pacific-wide and WCPO yellowfin tuna, focusing on fisheries with 
the greatest impact on Pacific bigeye tuna and WCPO yellowfin tuna, 
i.e., longline and purse seine fisheries.

DATES: Comments on the amendment must be received by April 16, 2007.

ADDRESSES: Comments on Pelagics Amendment 14, identified by AT55Tuna, 
may be sent to any of the following addresses:
     E-mail: [email protected]. Include in the subject line of 
the e-mail comment the following document identifier ``AT55Tuna.'' 
Comments sent via e-mail, including all attachments, must not exceed a 
10 megabyte file size.
     Federal e-Rulemaking portal: www.regulations.gov. Follow 
the instructions for submitting comments.
     Mail: William L. Robinson, Regional Administrator, NMFS, 
Pacific Islands Region (PIR), 1601 Kapiolani Blvd, Suite 1110, 
Honolulu, HI 96814-4700.
    An Environmental Assessment (EA) was prepared for this amendment. 
Copies of the Pelagics FMP and Amendment 14 (containing the EA) may be 
obtained from Kitty M. Simonds, Western Pacific Fishery Management 
Council, 1164 Bishop St., Suite 1400, Honolulu, HI 96813.

FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS PIR, 808-944-2271.

SUPPLEMENTARY INFORMATION: Pelagics FMP Amendment 14, developed by the 
Council, has been submitted to NMFS for review under the Magnuson-
Stevens Act, 16 U.S.C. 1801 et seq. This notice announces that the 
amendment is available for public review and comment for 60 days. NMFS 
will consider public comments received during the comment period in 
determining whether to approve, partially approve, or disapprove 
Amendment 14.
    On December 15, 2004, NMFS notified the Council that overfishing 
was occurring on bigeye tuna Pacific-wide. On March 16, 2006, NMFS 
notified the Council that overfishing was occurring on western and 
central Pacific Ocean (WCPO) yellowfin tuna. As required by the MSA, 
the Council was requested to take appropriate action to end 
overfishing. Pelagics FMP Amendment 14 contains the Council's 
recommended actions to end overfishing for both stocks.
    Bigeye and yellowfin tuna are highly migratory species, and occur 
in the waters of multiple nations and the high seas. Consequently, they 
are targeted by fishing fleets of several nations, including the United 
States of America. Until recently, the majority of bigeye tuna in the 
Pacific Ocean was caught by longliners, primarily for the Japanese 
sashimi market. During the last 10 years, however, catches of bigeye 
tuna by purse seiners have increased considerably. Purse seine-caught 
bigeye tuna are taken primarily when purse seiners targeting skipjack 
and yellowfin tuna set their nets around fish aggregating devices 
(FADs). Smaller amounts are also taken by handline and troll vessels. 
Yellowfin tuna in the WCPO are caught primarily by purse seiners. WCPO 
longline, pole-and-line, handline and troll fisheries also catch 
substantial amounts of yellowfin tuna.
    According to the guidelines for National Standard 1 of the 
Magnuson-Stevens Act (50 CFR 600.310), fishery stock status is assessed 
with respect to two status determination criteria, one of which is used 
to determine whether a stock is ``overfished,'' and the second of which 
is used to determine if the stock is subject to ``overfishing.'' A 
stock is considered to be overfished if its biomass falls below the 
minimum stock size threshold (MSST). Overfishing means that fishing is 
occurring at a rate or level that jeopardizes the capacity of a stock 
or stock complex to produce maximum sustainable yield (MSY) on a 
continuing basis. When a stock is not in an overfished condition, the 
maximum fishing mortality threshold (MFMT) is equal to the fishing 
mortality associated with MSY (FMSY). The latest stock 
assessments for bigeye tuna in the Pacific and WCPO yellowfin tuna have 
concluded that the biomass of neither stock is below their respective 
MSST. However, the assessments used as a basis for the overfishing 
determinations (conducted in 2003 and 2004 for Pacific bigeye tuna and 
2005 and 2006 for WCPO yellowfin tuna) indicated that the then-current 
level of fishing mortality did exceed the stocks' respective MFMTs. 
Consequently, NMFS determined that overfishing was occurring on the 
Pacific-wide stock of bigeye tuna and on the WCPO stock of yellowfin 
tuna.
    At its 133rd meeting in June, 2006, the Council took action to 
recommend several management measures that would be established by 
Pelagics FMP Amendment 14. The Council's management recommendations 
would constitute a foundation plan for the Council, NMFS, and the 
Department of State to end overfishing of bigeye tuna Pacific-wide and 
WCPO yellowfin tuna.
    Pelagics FMP Amendment 14 calls for NMFS to enhance data quality 
for U.S. Hawaii-based small boat pelagic fisheries through mandatory 
Federal permits and data-collection programs (logbooks) for commercial 
small-boat fisheries, and improved surveys and voluntary reporting for 
recreational fisheries.
    Pelagics FMP Amendment 14 acknowledges that the Council recommended 
a control date of June 2, 2005, for entry into the small boat 
commercial pelagic fisheries in U.S. EEZ waters around Hawaii. On 
August

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15, 2005, NMFS published a notice of this control date (70 FR 47781). 
The amendment also acknowledges that the Council recommended a control 
date of June 2, 2005, for entry into domestic longline and purse seine 
fisheries in U.S. EEZ waters in the western Pacific. On August 15, 
2005, NMFS published a notice of this control date (70 FR 47782). These 
control dates were implemented to notify the public that future 
participation in these fisheries was not guaranteed if the Council and 
NMFS developed and implemented limited access programs for the 
fisheries. Establishment of these control dates does not, however, 
commit the Council or NMFS to any particular management regime or 
criteria for entry into these fisheries.
    The international scope of the overfishing situation, and measures 
to meaningfully address the problem, must be addressed through RFMOs, 
such as the Inter-American Tropical Tuna Commission and Western and 
Central Pacific Fisheries Commission. Internationally, Pelagics FMP 
Amendment 14 contains several proposed non-regulatory measures and 
recommendations, including the establishment for the Council an 
internal protocol related to its role in managing pelagic fish stocks 
that are managed internationally (including steps the Council would 
take to monitor the status of internationally managed fish stocks, 
participate in U.S. delegations in meetings with RFMOs, and follow the 
activities of RFMOs). The Council also recommends that NMFS and the 
Department of State work through RFMOs to immediately end overfishing 
of bigeye tuna Pacific-wide and WCPO yellowfin tuna, focusing on 
fisheries with the greatest impact on Pacific bigeye tuna and WCPO 
yellowfin tuna, i.e., longline and purse seine fisheries. Specific 
international recommendations include plans for reducing longline 
fishing capacity, reducing purse seine fishing capacity and 
restrictions on the use of FADs while purse seine fishing, 
establishment and gradual reduction of national quotas, and other 
measures.
    Bigeye tuna is also a management unit species under the Pacific 
Fishery Management Council's Fishery Management Plan for U.S. West 
Coast Fisheries for Highly Migratory Species (HMS FMP). The Pacific 
Council has worked with the Western Pacific Council to develop a 
response to the determination of overfishing on bigeye tuna Pacific-
wide. Amendment 1 to the Pacific Council's HMS FMP is consistent with 
relevant elements of Pelagics FMP Amendment 14 to end overfishing of 
bigeye tuna.
    Public comments are being solicited on Pelagics FMP Amendment 14. A 
proposed rule that would implement Amendment 14 may be published in the 
Federal Register for public comment, following evaluation by NMFS under 
the Magnuson-Stevens Act procedures, and other applicable laws. Public 
comments on the proposed rule must be received by the end of the 
comment period on Amendment 14 to be considered in the approval/
disapproval decision for the amendment. All comments received by the 
end of the comment period for Amendment 14, whether specifically 
directed to the amendment or the proposed rule, will be considered in 
the approval/disapproval decision; comments received after that date 
will not be considered in the approval/disapproval decision for the 
FMP/amendment. To be considered, comments must be received by close of 
business on the last day of the comment period; that does not mean 
postmarked or otherwise transmitted by that date.

    Dated: February 09, 2007.
James P. Burgess,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. E7-2677 Filed 2-14-07; 8:45 am]
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