[Federal Register Volume 72, Number 37 (Monday, February 26, 2007)]
[Proposed Rules]
[Pages 8333-8335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-3251]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 070215036-7036-01; I.D. 012307A]
RIN 0648-AU79


International Fisheries; Pacific Tuna Fisheries; Restrictions for 
2007 Purse Seine and Longline Fisheries in the Eastern Tropical Pacific 
Ocean

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes management measures to reduce overfishing of the 
eastern tropical Pacific Ocean (ETP) tuna stocks in 2007, 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 the 
Convention Area would be closed for a 6-week period either beginning 
August 1, 2007, through September 11, 2007, or November 20, 2007, 
through December 31, 2007. This proposed rule would also close the U.S. 
longline fishery in the Convention Area in 2007 once the catch of 
bigeye tuna harvested with longline gear in the Convention Area reaches 
500 metric tons (mt). This action is taken to limit fishing mortality 
caused by purse seine fishing and longline fishing in the Convention 
Area and contribute to long-term conservation of the tuna stocks at 
levels that support healthy fisheries.

DATES: Comments must be received by March 28, 2007.

ADDRESSES: Comments on the proposed rule or the initial regulatory 
flexibility analysis (IRFA) should be sent to Rodney R. McInnis, 
Regional Administrator, Southwest Region, NMFS, 501 West Ocean 
Boulevard, Suite 4200, Long Beach, CA 90802 or by email to the 
Southwest Region at [email protected]. Comments may also be submitted 
by email through the Federal e-Rulemaking portal: http://www.regulations.gov. Include in the subject line of the e-mail comment 
the following document identifier: 0648-AU79. Comments also may be 
submitted by fax to (562) 980-4047. Copies of the initial regulatory 
impact review/IRFA may be obtained from the Southwest Regional 
Administrator, Southwest Region, NMFS, 501 W. Ocean Blvd., Long Beach, 
CA 90902-4213.

FOR FURTHER INFORMATION CONTACT: J. Allison Routt, Sustainable 
Fisheries Division, Southwest Region, NMFS, (562) 980-4030.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This proposed rule is also accessible via the Internet at the 
Office of the Federal Register's website at http://www.gpoaccess.gov/fr/index.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 (Convention). 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. For the purposes of this 
closure, the Convention Area is defined to include the waters bounded 
by the coast of the Americas, the 40[deg] N. and 40[deg] S. parallels, 
and the 150[deg] W. meridian. 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.
    Under the Tuna Conventions Act, 16 U.S.C. 951-961 and 971 et seq., 
NMFS must publish proposed rules to carry out IATTC recommendations 
that have been approved by DOS. The Southwest Regional Administrator 
also is required by 50 CFR 300.25(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 fishery management actions applicable to them that have been 
recommended by the IATTC and approved by the DOS.
    In June 2006, the IATTC adopted a Resolution for a Program on the 
Conservation of Tuna in the Eastern Pacific Ocean for 2007. The June 
2006 resolution is a 1-year program on the conservation of tuna in the 
eastern Pacific Ocean for 2007. This resolution offers a choice for 
closing the purse seine fishery: either a 6-week closure beginning 
August 1, 2007, or a 6-week closure beginning November 20, 2007. The 
resolution of June 2006 incorporated flexibility for nations to 
administer the purse seine closure in accordance with national 
legislation and national sovereignty. The selected measure should 
reduce overfishing in a manner that is fair, equitable, and readily 
enforceable. NMFS will select one of the two closure periods after 
consideration of public comment.
    The June 2006 resolution also calls upon each Party and cooperating 
non-Party to ensure that each nation's longline catch of bigeye tuna in 
the ETP during 2007 will not exceed the catch level of 2001 or 500 mt, 
whichever is higher. The U.S. catch level of longline caught bigeye 
tuna for 2001 was estimated to be 150 mt in the Convention Area. 
Therefore, under this rule, the U.S. quota for longline caught bigeye 
in the Convention Area would be 500 mt for 2007.
    In 2006, the U.S. catch level of longline-caught bigeye tuna in the 
Convention Area of 150 mt was reached. On July 6, 2006, NMFS closed the 
U.S. longline fishery for bigeye tuna in the Convention Area for the 
remainder of 2006.
    The IATTC adopted the June 2006 resolution after considering a 
variety of measures, including the use of quotas and closures (as in 
1999 through 2002), a full-month purse seine closure (used in 2003), 
and a 6-week purse seine closure as used in 2004, 2005, and 2006.
    The proposed 2007 time/area closure is based on 2005 assessments of 
the condition of the tuna stocks in the ETP and historic catch and 
effort data for different portions of the ETP, as well as records 
relating to implementation of quotas and closures in prior years. The 
closure targets the Convention Area and is believed to be sufficient to 
reduce the risk of overfishing of the tuna stocks, especially when 
considered in combination with the 6-week closures implemented in 2004, 
2005, and 2006. The combined multi-annual, multilateral restrictions 
should increase the protections from overfishing of the tuna stocks in 
the Convention Area. In an international fishery the best

[[Page 8334]]

approach is through multilateral conservation and management measures. 
The IATTC met in June 2006 and reviewed tuna stock assessments and 
fishery information and considered that new information in evaluating 
the need for management measures for 2007 and future years. The DOS has 
approved the June 2006 resolution covering the year 2007, including the 
management measures described above.
    On October 30, 2006, the Regional Administrator, Southwest Region, 
sent a notice to owners and agents of U.S. fishing vessels of the June 
2006 resolution adopted by the IATTC and approved by the DOS.

Classification

    This action is proposed under the regulations for the Pacific Tuna 
Fisheries at 50 CFR 300.25.
    On December 8, 1999, NMFS prepared a biological opinion (BO) under 
the Endangered Species Act (ESA), 16 U.S.C. 1531 et seq., assessing the 
impacts of the fisheries as they would operate under the interim final 
rule (65 FR 47, January 3, 2000) implementing the International Dolphin 
Conservation Program Act (IDCPA). For the final rule (69 FR 176, 
September 13, 2004) to implement the IDCPA, NMFS amended the incidental 
take statement included in the December 8, 1999, BO. 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 proposed 
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 the purse seine fishery 
managed under this proposed rule will not likely adversely effect any 
endangered or threatened species under the jurisdiction of NMFS or 
result in the destruction or adverse modification of critical habitat. 
On October 4, 2005, NMFS concluded that the Hawaii-based pelagic, deep-
set, tuna longline fishery managed under the Fishery Management Plan 
for the Pelagic Fisheries of the Western Pacific Region is 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 proposed rule will not 
result in any changes in the longline fishery such that there would be 
impacts beyond those considered in that BO.
    The U.S. ETP tuna purse seine fisheries occasionally interact with 
a variety of species of dolphin, and dolphin takes are authorized and 
managed under the IDCPA. The conservation management measures in this 
proposed rule do not affect the administration of that program, which 
is consistent with section 303(a)(2) of the Marine Mammal Protection 
Act, 16 U.S.C. 1413 (a)(2).
    NMFS prepared an EA for the final rule (70 FR 69, April 12, 2005) 
to implement resolutions adopted by the IATTC and by the Parties to the 
Agreement on the International Dolphin Conservation Program. The 
Assistant Administrator for Fisheries concluded that there would be no 
significant impact on the human environment as a result of that final 
rule. The impacts of the fisheries as they will operate under the 
closures in 2007 are within the range of impacts of the alternatives 
considered in that EA, and are not expected to pose different impacts 
to the human environment. Therefore, this action does not require 
further analysis under NEPA.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.
    An IRFA was prepared, as required by section 603 of the Regulatory 
Flexibility Act (RFA). The IRFA prepared describes the economic impact 
that this proposed rule, if adopted, would have on small entities. A 
copy of the IRFA for this proposed rule is available for public comment 
(see ADDRESSES). A summary of the analysis follows.
    A description of the reasons for, objectives of, and legal basis 
for this proposed rule is included in the preamble and not repeated 
here.
    This action would prohibit the use of purse seine gear to harvest 
tuna in the Convention Area for a 6- week period beginning August 1, 
2007, through September 11, 2007, or beginning November 20, 2007, 
through December 31, 2007, and limit the annual 2007 U.S. catch of 
bigeye tuna caught by longline in the ETP to 500 mt.
    The proposed purse seine closure would apply to the U.S. tuna purse 
seine fleet, which consists of five to ten small vessels (carrying 
capacity below 400 short tons (363 mt)) and one to two large vessels 
(carrying capacity 400 short tons (363 mt) or greater). The large 
vessels usually 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 $4 million per year). A large purse seine vessel 
typically generates 4,000 to 5,000 mt of tuna valued at between $4 and 
$5 million per year. The closure should not significantly affect the 
operations of the one to two large vessels because they are capable of 
fishing in other areas that would remain open. Also, the one to two 
large purse seine vessels do conduct fishing operation in other areas. 
The small vessels are categorized as small business entities (revenues 
below $4 million per year). They fish out of California in the U.S. 
exclusive economic zone (EEZ) most of the year for small pelagic fish 
(Pacific sardine, Pacific mackerel) and for market squid in summer. 
Some small vessels harvest tuna seasonally when they are available. The 
proposed time/area closure will have no effect on small vessels because 
they do not have the endurance and markets to fish that far south for 
tunas on a regular basis.
    For 2006, the United States chose to close the purse seine fishery 
beginning November 20, 2006, for the remainder of 2006. In 2006 the 
U.S. catch level of longline caught bigeye tuna in the Convention Area 
of 150 mt was reached. On July 6, 2006, NMFS closed the U.S. longline 
fishery for bigeye tuna in the Convention Area for the remainder of 
2006.
    The existing California based longline fishery, currently 
consisting of one vessel, does catch bigeye tuna. The portion of the 
fleet operating out of Hawaii has generally operated outside the 
boundaries of the Convention Area, and has not made significant catches 
in those waters. In 2004, 2005, and 2006, the California and Hawaii 
based longline fishery was limited to 150 metric tons of bigeye tuna in 
the Convention Area. A closure for the California based longline fleet 
will significantly affect their operations. However, the California 
based longline fleet is capable of fishing for other species of fish in 
the Convention Area which should mitigate the effects of the closure. 
In 2004, 2005, and 2006, the California based longline fleet landed 
swordfish and showed fishery management that they were capable of 
fishing for other species of fish in the Convention Area. With the 
reopening of the swordfish fishery for the Hawaii fleet, effort 
directed at bigeye tuna (which has mainly occurred west of the 
Convention Area) should remain at the

[[Page 8335]]

same level. A closure should not significantly affect their operations 
as they are capable of fishing in other areas that would remain open, 
outside the boundaries of the Convention Area. In 2005, 500 mt of 
bigeye tuna were caught by the U.S. longline fishery in the Convention 
Area. In 2007, if the U.S. longline fishery reaches the 500 metric ton 
limit, this fishery is capable of fishing in other areas that would 
remain open.
    NMFS is not aware of any relevant Federal rules that duplicate, 
overlap, or conflict with this proposed rule. This rule does not impose 
reporting or recordkeeping requirements, and the compliance 
requirements for the closure areas are as described at the outset of 
this summary.
    NMFS considered three alternatives for this proposed rule: The 2006 
IATTC Tuna Conservation Resolution allows nations to opt for a 6-week 
summer closure of the purse seine fishery from August 1 through 
September 20 of 2007 or a closure from November 20 through December 31, 
2007. The August 1 September 20 closure alternative may have a greater 
economic impact on small entities than the November 20 December 31 
closure. In particular, the U.S. purse seine fleet may prefer a closure 
later in the fishing year because the winter weather is not conducive 
to fishing. Also, throughout the history of this fishery shipyards have 
been prepared to accept vessels for scheduled repairs during the winter 
months. The fishery closure later in the year allows the industry to 
plan for and mitigate economic impacts of a closure while still 
providing the conservation benefits to the tuna resources in the ETP.
    NMFS also considered the alternative of not implementing the 2006 
IATTC Tuna Conservation Resolution. This alternative would have imposed 
no economic costs on small entities. However, failure to implement 
measures that have been agreed on pursuant to the Convention would 
violate the United States' obligations under the Convention, and would 
violate the Tuna Conventions Act.

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

    Dated: February 21, 2007.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. E7-3251 Filed 2-23-07; 8:45 am]
BILLING CODE 3510-22-S