[Federal Register Volume 64, Number 37 (Thursday, February 25, 1999)]
[Proposed Rules]
[Pages 9296-9298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4712]
[[Page 9296]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[Docket No. 990212047-9047-01; I.D. 111998C]
RIN 0648-AL28
International Fisheries Regulations; Pacific Tuna Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; implementation of Inter-American Tropical Tuna
Commission (IATTC) recommendations.
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SUMMARY: NMFS proposes regulations that would implement recommendations
of the IATTC to conserve and manage the tuna fisheries of the Eastern
Tropical Pacific Ocean (ETP). This proposed rule would provide for an
annual announcement of tuna harvest quotas, closure of the U.S. fishery
in the IATTC's Convention Area or the Yellowfin Regulatory Area (CYRA)
when quotas have been reached, and implementation of other measures
recommended by the IATTC to ensure conservation and management of
fishery resources. The proposed rule also would prohibit U.S. citizens
from utilizing vessels that service fish-aggregating devices (FADs) and
would prohibit the transshipment at sea by U.S. purse seine vessels of
purse seine-caught tuna. These proposed regulations are intended to
ensure that U.S. fisheries are conducted according to the IATTC's
recommendations, as approved by the Department of State.
DATES: Comments must be submitted by March 29, 1999.
ADDRESSES: Comments on the proposed rule should be sent to William T.
Hogarth, Administrator, Southwest Region, NMFS, 501 West Ocean
Boulevard, Suite 4200, Long Beach, CA 90802.
FOR FURTHER INFORMATION CONTACT: Svein Fougner, Sustainable Fisheries
Division, Southwest Region, NMFS, 562-980-4030.
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
conservation and management of yellowfin and skipjack tuna and other
species of fish taken by tuna fishing vessels in the ETP. The IATTC has
maintained a scientific research and fishery monitoring program for
many years and annually assesses the status of tuna stocks and
conditions in the fisheries and recommends appropriate harvest levels
(quotas) and/or other measures to prevent overexploitation and promote
maximum sustainable yield. Each member country of the IATTC is
responsible for enforcing quotas and other measures with respect to its
own fisheries. Under the Tuna Conventions Act of 1950 the
recommendations of the IATTC must be approved by the Secretary of State
before they can be implemented for U.S. fisheries.
Under the IATTC quota system, the IATTC sets the annual quota at
its annual meeting, usually in June. There are no restrictions on catch
until IATTC proposes restrictions through a resolution. The resolution
establishing the quota may include modifications of the quota based on
catch and effort data collected during the year, as occurred in 1998.
At its annual meeting in June 1998, the IATTC adopted a resolution
setting an initial quota of 210,000 metric tons (mt) for yellowfin tuna
taken in the CYRA by member countries and recommended its adoption by
member countries. This quota could be raised by up to three successive
increments of 15,000 mt if the Director of Investigations of the IATTC
concluded from examination of available data that such increases would
pose no substantial danger to the stocks. The Department of State
approved this recommendation. Had the proposed rule been in effect, the
Southwest Regional Administrator would have been able to announce the
quota to the owners and agents of U.S. fishing vessels by direct notice
to them, with subsequent announcement of the quota in the Federal
Register.
The yellowfin tuna quota is based on a 1998 assessment, which
indicates that the yellowfin tuna stock can sustain a fishery of
270,000 to 290,000 mt per year in the CYRA. The quota of 210,000 mt for
the CYRA is conservative relative to estimated maximum sustainable
yields, but the IATTC recommendation allows for increases totaling
45,000 mt if fishery data indicate that the stock can sustain the added
harvest. The IATTC staff report noted that the yield per recruit
depends on the fishing strategy employed, with larger fish associated
with dolphin and smaller fish associated with floating objects.
Removing large numbers of smaller fish reduces the yield per recruit,
which reduces the amount of harvest the resource can sustain.
This proposed rule would authorize the NMFS Southwest Regional
Administrator to close the U.S. fishery for yellowfin tuna or other
species of tuna at such time as the IATTC Director of Investigations
advises the quota will be reached. For example, at its meeting in
October 1998, the IATTC was advised by the Director of Investigations
that the quota for yellowfin tuna would be increased by only one
increment in 1998 of 15,000 mt, to 225,000 mt, and that this quota
would likely be reached by early December. On November 18, 1998, the
Director of Investigations notified member countries that the yellowfin
quota would be reached on November 26, 1998. Although U.S. regulations
were not in place to implement the closure, the Regional Administrator
requested that U.S. fishing vessel operators voluntarily cooperate with
the closure. Had this proposed rule been in place for the 1998 season,
the Regional Administrator would have been able to direct U.S. vessels
to fish in accordance with the recommendation of the IATTC, which could
include closure of the fishery, by notifying each vessel owner or
agent, with subsequent publication of the requirements of the
recommendation in the Federal Register.
A second IATTC resolution recommended that action be taken (1) to
limit the catch of small bigeye tuna to 45,000 mt in 1998 by
prohibiting purse seine sets on all types of floating objects in the
Convention Area when this harvest level is reached; (2) to prohibit the
use of tender vessels that are not capable of purse seining and whose
role is to place or service FADs in the Convention Area; and (3) to
prohibit the transshipment of tuna by purse seine vessels at sea in the
Convention Area. The Department of State approved this recommendation
as well.
The IATTC's recommendation to limit the catch of bigeye tuna was
based on data indicating that the stock of bigeye tuna is being
exploited at or, possibly, above a sustainable level. The increase in
bigeye tuna catches has resulted from using deeper nets and setting on
floating objects. This fishery has higher catches of small bigeye tuna
than sets on pure schools of tuna or on yellowfin tuna associated with
dolphin. The floating object fishery increased partly as a result of
restrictions on sets on dolphin and now accounts for a significant
portion of total tuna catch in the Convention Area. However, there is
concern that bigeye catches may not be sustainable. Therefore, the
IATTC recommended implementing a limit on
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total catch by prohibiting sets on floating objects after 45,000 mt of
bigeye tuna have been caught. At the October meeting, the IATTC was
advised that the total bigeye tuna catch in 1998 would not likely reach
the quota. While the floating objects fishery was not closed in 1998,
the IATTC may limit the fishery in this way in future years, should
circumstances require it. This proposed rule would establish a
procedure for implementing such measures.
This proposed rule would prohibit the use in the Convention Area of
tender vessels that do not fish but only service FADs. IATTC members,
including the United States, agreed that the catch of bigeye tuna from
fishing on FADs may need to be controlled, and prohibiting tender
vessels would contribute to such control.
This proposed rule would prohibit the transshipment of purse seine-
caught tuna at sea in the Convention Area. Landings or transshipments
would have to occur in a port. This would facilitate effective
monitoring of the catch relative to quotas and would support timely
data collection and fishery assessment needed to determine whether the
yellowfin tuna quota should be increased.
The IATTC resolution regarding yellowfin tuna includes
recommendations that apply to fishing vessels after the quota is
reached, such as allowing a vessel to retain 15-percent incidental
harvest by weight of yellowfin tuna while fishing for other species of
tuna and differing provisions that would apply to vessels depending on
whether or not an observer is on board the vessel. Provisions regarding
managed species may change from year to year. NMFS would notify
fishermen of any resolutions adopted by the IATTC and approved by the
Department of State, including any measures that apply during any
closed season. NMFS would also notify fishermen when species quotas are
reached and of the measures that would apply during the closed season.
Finally, this proposed rule would establish procedures for the
Regional Administrator to announce other harvest quotas or implement
other conservation and management measures to carry out recommendations
made by the IATTC and approved by the Department of State.
A public hearing to receive comments on the resolutions of the
IATTC was held on December 1, 1998, at 7:00 p.m. at the Embassy Suites
Hotel, 601 Pacific Highway, San Diego, CA (63 FR 64031, November 18,
1998). Oral comments from the hearing and written comments on this
proposed rule will be considered when drafting the final rule.
Classification
This rule has been determined to be not significant for purposes of
E.O. 12866.
The Assistant General Counsel for Legislation and 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 proposed action would do three things: Establish a procedure
to enable the Regional Administrator (RA) to close the tuna
fisheries when the IATTC advises that a quota has been or will be
reached; prohibit the use of tender vessels in the Convention Area;
and prohibit within the Convention Area the transshipment of tuna
caught in purse seines. All of these measures would apply to U.S.
vessels fishing for tuna in the Eastern Tropical Pacific (ETP). From
1993-1997, the maximum number of U.S. tuna vessels active in the ETP
was 35 vessels. Of these, 27 are small entities.
None of the proposed measures would have any economic impact on
small entities. The first measure is procedural, establishing a
mechanism by which the RA could announce closures if directed to do
so by the IATTC. Although future closures issued under this
procedure could result in economic impacts, those closures are
speculative at this time. They depend on the establishment and
attainment of future quotas and are not being implemented through
this proposed rule.
The second measure, the prohibition on the use of tender
vessels, would not have any effect on the small entities subject to
this proposed rule because no U.S. participants have used tender
vessels in the past, and there is no known intent to employ them in
the future. Likewise, the prohibition on transshipments would not
affect any small entities because the U.S. fleet does not engage in
at-sea transfers and there are no plans for such operations.
For these reasons, the National Marine Fisheries Service
concludes that the proposed measures would not cause a 5 percent
decrease in gross revenues or a 5 percent or greater increase in
costs of production or compliance; cause compliance costs as a
percent of sales to be 10 percent or more higher for small entities
than for large entities; or cause any increase in capital costs of
compliance for any small entities. Nor would they result in 2
percent or more of the small entities affected being forced to cease
business operations. Therefore, no Initial Regulatory Flexibility
Analysis has been prepared for this action.
The Regional Administrator determined that fishing activities
conducted pursuant to this rule will not affect endangered and
threatened species or critical habitat under the Endangered Species
Act.
This action is consistent with the Marine Mammal Protection Act, as
amended by the International Dolphin Conservation Program Act.
List of Subjects in 50 CFR Part 300
Fisheries, High seas fishing, International agreements, Reporting
and recordkeeping requirements, Permits.
Dated: February 22, 1999.
Rolland A. Schmitten,
Assistant Administrator for Fisheries, National Marine Fisheries
Services.
For the reasons set out in the preamble, 50 CFR part 300 is
proposed to be amended as follows:
PART 300--INTERNATIONAL FISHERIES REGULATIONS
Subpart C--Pacific Tuna Fisheries
1. The authority citation for subpart C continues to read as
follows:
Authority: 16 U.S.C. 951-961 and 971 et seq.
2. Section 300.20 is revised to read as follows:
Sec. 300.20 Purpose and scope.
The regulations in this subpart implement the Tuna Conventions Act
of 1950 (Act) and the Atlantic Tunas Convention Act of 1975. The
regulations provide a mechanism to carry out the recommendations of the
Inter-American Tropical Tuna Commission (IATTC) for the conservation
and management of highly migratory fish resources in the Eastern
Tropical Pacific Ocean so far as they affect vessels and persons
subject to the jurisdiction of the United States. They also carry out
the recommendations of the International Commission for the
Conservation of Atlantic Tunas for the conservation of bluefin tuna, so
far as they affect vessels and persons subject to the jurisdiction of
the United States.
3. Section 300.21 is amended by removing the definition of
``Regional Director'' and adding definitions for ``Bigeye tuna'',
``Commission's Yellowfin Regulatory Area (CYRA)'', ``Convention Area'',
``Fish aggregating device (FAD)'', ``Fishing trip'', ``Floating
object'', ``Incidental catch or incidental species'', ``Land or
Landing'', ``Observer'', ``Regional Administrator'', ``Tender vessel'',
``Transship'', and ``Transshipment receiving vessel'' in alphabetical
order, to read as follows:
Sec. 300.21 Definitions.
* * * * *
Bigeye tuna means the species Thunnus obesus.
* * * * *
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Commission's Yellowfin Regulatory Area (CYRA) means the waters
bounded by a line extending westward from the mainland of North America
along the 40 deg. N. latitude parallel, and connecting the following
coordinates:
40 deg. N. lat., 125 deg. W. long.;
20 deg. N. lat., 125 deg. W. long.;
20 deg. N. lat., 120 deg. W. long.;
5 deg. N. lat., 120 deg. W. long.;
5 deg. N. lat., 110 deg. W. long.;
10 deg. S. lat., 110 deg. W. long.;
10 deg. S. lat., 90 deg. W. long.;
30 deg. S. lat., 90 deg. W. long.; and then eastward along the
30 deg. S. latitude parallel to the coast of South America.
Convention Area means the waters within the area bounded by the
mainland of the Americas, lines extending westward from the mainland of
the Americas along the 40 deg. N. lat. and 40 deg. S. lat., and
150 deg. W. long.
Fish aggregating device (FAD) means a manmade raft or other
floating object used to attract tuna and make them available to fishing
vessels.
Fishing trip means a period of time between landings when fishing
is conducted.
* * * * *
Floating object means any natural object or FAD around which
fishing vessels may catch tuna.
Incidental catch or incidental species means species caught while
fishing with the primary purpose of catching a different species. An
incidental catch is expressed as a percentage of the weight of the
total fish on board.
Land or Landing means to begin transfer of fish from a fishing
vessel. Once transfer begins, all fish on board the vessel are counted
as part of the landing.
Observer means an individual placed aboard a fishing vessel under
the IATTC observer program or any other international observer program
in which the United States may participate.
* * * * *
Regional Administrator means the Administrator, Southwest Region,
NMFS.
* * * * *
Tender vessel means a vessel that does not engage in purse seine
fishing but tends to FADs in support of tuna fishing operations.
Transship means to unload fish from a vessel that caught fish to
another vessel.
Transshipment receiving vessel means any vessel, boat, ship, or
other craft that is used to receive fish from a fishing vessel.
4. In Sec. 300.28, the section heading is revised, paragraphs (a)
through (c) are redesignated as (e) through (g), and new paragraphs (a)
through (d) are added to read as follows:
Sec. 300.28 Prohibitions.
* * * * *
(a) Land any species of tuna during the closed season for that
species in excess of the amount allowed by the Regional Administrator.
(b) Fish with purse seine gear on floating objects in the
Convention Area after the Regional Administrator has closed the fishery
on floating objects in that area.
(c) Use tender vessels in the Convention Area.
(d) Transship purse seine-caught tuna at sea within the Convention
Area.
* * * * *
5. Section 300.29 is added to subpart C to read as follows:
Sec. 300.29 Eastern Pacific fisheries management.
(a) Notification of IATTC recommendations. The Regional
Administrator will directly notify owners or agents of U.S. tuna
vessels of any fishery management recommendations made by the IATTC and
approved by the Department of State that will affect fishing or other
activities by U.S. parties with fishery interests in the Convention
Area. As soon as practicable after such notification, NMFS will
announce approved IATTC recommendations in the Federal Register.
(b) Tuna quotas. (1) Fishing seasons for all tuna species begin on
January 1 and end either on December 31 or when the Regional
Administrator closes the fishery for a specific species.
(2) The Regional Administrator may close the U.S. fishery for
yellowfin, bigeye, or skipjack tuna or any other tuna species in the
Convention Area or portion of the Convention Area when advised by the
Director of Investigations of the IATTC that the associated quota has
been or is projected to be reached. Any such closure may include:
(i) An allowance for an incidental catch that may be landed while
fishing for other tuna species;
(ii) A prohibition on the further setting of purse seines on
floating objects by U.S. vessels in the Convention Area;
(iii) Provisions for vessels that are at sea during an announced
closure to fish unrestricted until the fishing trip is completed;
(iv) Provisions for vessels at sea with an observer on board during
any closure to land fish unrestricted if the landing occurs after
December 31; or
(v) Other measures to ensure that the conservation and management
measures of the IATTC are achieved.
(3) NMFS will announce any such closures directly to the owners or
agents of U.S. vessels who are fishing in or eligible to fish in the
Convention Area.
(4) As soon as practicable after being advised of the quota
attainment or projection under paragraph (b)(2) of this section, NMFS
will publish an announcement of the closure in the Federal Register.
(c) Use of tender vessels. No person subject to these regulations
may use a tender vessel in the Convention Area.
(d) Transshipments at sea. No person subject to these regulations
may transship purse seine-caught tuna from one vessel to another vessel
at sea within the Convention Area.
PART 300--[AMENDED]
6. In addition to the amendments set forth under the authority of
16 U.S.C. 773 et seq.; 16 U.S.C. 951-961 and 971 et seq.; 16 U.S.C.
973-973r; 16 U.S.C. 2431 et seq.; 16 U.S.C. 3371-3378; 16 U.S.C.
3636(b); 16 U.S.C. 5501 et seq.; and 16 U.S.C. 1801 et seq., in part
300, revise all references to ``Regional Director'' to read ``Regional
Administrator''.
[FR Doc. 99-4712 Filed 2-24-99; 8:45 am]
BILLING CODE 3510-22-F
