[Federal Register Volume 65, Number 189 (Thursday, September 28, 2000)]
[Rules and Regulations]
[Pages 58231-58232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24694]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 000908255-0255-01 ;I.D. 080800C]
RIN 0648-AN73


International Fisheries; Pacific Tuna Fishery in the Eastern 
Pacific Ocean

AGENCY:  National Marine Fisheries Service (NMFS), NOAA, Commerce.

ACTION: 2000 Quota and Associated Management Measures for Yellowfin 
Tuna.

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

SUMMARY: NMFS announces the year 2000 yellowfin tuna harvest limits and 
associated management measures for the purse seine and baitboat 
fisheries for yellowfin tuna in the eastern Pacific Ocean (EPO), 
consistent with recommendations made by the Inter-American Tropical 
Tuna Commission (IATTC) and approved by the Department of State under 
the terms of the Tuna Conventions Act. The intended effect of this 
action is to establish allowable harvest limits for the yellowfin tuna 
fishery.

DATES: Effective September 28, 2000 until December 31, 2000, unless 
attainment of the quota is reached earlier. If the quota is reached 
before December 31, 2000, NOAA will publish announcement of that date 
in the Federal Register.

ADDRESSES: Submit comments to Rebecca Lent, Regional Administrator, 
Southwest Region (Regional Administrator), NMFS, 501 W. Ocean 
Boulevard, Suite 4200, Long Beach, CA 90802-4213.

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

SUPPLEMENTARY INFORMATION:  The U.S. 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 to promote viable fisheries. The 
area generally covered by the management measures recommended under the 
Convention is all waters of the EPO between 40 deg. N. lat. and 40 deg. 
S. lat. west to 150 deg. W. long. Within the area covered by the 
Convention, the IATTC has designated a smaller Commission Yellowfin 
Regulatory Area (CYRA) in which the total catch of yellowfin tuna may 
be limited. The boundaries of the CYRA may be found at 50 CFR part 300, 
subpart C.
    At its annual meeting in June 2000, the IATTC adopted a resolution 
dealing with yellowfin tuna conservation. This resolution set an 
overall harvest quota of 265,000 metric tons (mt) for yellowfin tuna 
taken by purse seine vessels in the CYRA), except that the purse seine 
and baitboat fisheries in the CYRA are to close December 1, 2000, even 
if the quota has not been reached. The IATTC also recommended that 
certain waters be closed to purse seine fishing when the overall catch 
of yellowfin tuna reaches 240,000 mt. This document

[[Page 58232]]

confirms that the quotas have been approved by the Department of State. 
Under regulations promulgated in 1999 (64 FR 44428, August 16, 1999), 
the Southwest Regional Administrator is authorized to notify the U.S. 
tuna industry (industry) directly of any quotas and associated 
regulatory measures that have been recommended by the IATTC and 
approved by the Department of State. In a separate action, the Regional 
Administrator announced the 2000 yellowfin tuna quotas directly to the 
industry. In that action, the Regional Administrator advised the 
industry directly of the management measures contained in this Federal 
Register document. Those measures, which will be effective within the 
CYRA, are as follows:
    1. When the yellowfin catch reaches 240,000 mt, U.S. purse seine 
and baitboat vessels will be prohibited from fishing within waters that 
are:
    a. Bounded by the U.S.-Mexico boundary, 125 deg. W. longitude, and 
23 deg. N. latitude; and
    b. Bounded by the coast of South America, 85 deg. W. longitude, and 
5 deg. N. and 5 deg. S. latitudes.
    2. When the yellowfin catch within the CYRA reaches 265,000 MT, or 
after 0001 hours December 2, 2000, whichever comes first, the following 
restrictions will apply in the CYRA:
    a. Purse seine vessels with an observer aboard from the On-Board 
Observer Program established under the Agreement on the International 
Dolphin Conservation Program must refrain from fishing for yellowfin in 
the CYRA.
    b. The landings of fish caught while fishing for other species of 
tunas in the CYRA after the date established for the CYRA closure by 
any individual purse seine vessel with an observer aboard may include a 
maximum of 15 percent yellowfin (relative to its total catch of all 
species of fish during those periods).
    c. Vessels with an observer aboard that are at sea on December 31, 
2000, will not be subject to the 15-percent maximum after that date 
during the remainder of that trip.
    d. Purse seine vessels and baitboats without an observer aboard 
that are at sea on the closure date may continue to fish for yellowfin 
without restriction until they return to port for unloading.
    e. Purse seine vessels and baitboats without an observer aboard 
that are not at sea on the closure date, but that depart from port to 
fish for tunas after that date, must refrain from fishing for 
yellowfin. The landings by vessels in this category, regardless of the 
date the trip is completed, may include a maximum of 15 percent 
yellowfin caught while fishing for other species of tunas.
    For the reasons stated here and in accordance with the regulations 
at 50 CFR part 300, subpart C, NMFS herein announces that, after the 
dates which the Director of IATTC specifies and the Southwest Regional 
Administrator announces as the initial closure date and directed 
fishery closure date, no U.S. vessel may fish in the Convention Area 
unless it is in compliance with the above measures.

Classification

    This action is authorized by the regulations implementing the Tuna 
Conventions Act, 50 CFR part 300, subpart C. The determination to take 
this action is based on the most recent data available. The aggregate 
data upon which the determination is based are available for public 
inspection at the Office of the Regional Administrator (see ADDRESSES) 
during business hours.
    The Assistant Administrator for Fisheries, NOAA (AA) finds for good 
cause under 5 U.S.C. 553(b)(B) that providing prior notice and an 
opportunity for public comment on this action is unnecessary. The rule 
authorizing this action provides for quotas agreed to by the IATTC and 
approved by the Department of State to be effective upon direct 
notification of the U.S. tuna fishing industry. Providing prior notice 
and an opportunity for public comment would serve no useful purpose. 
The AA finds for good cause under 5 U.S.C. 553(d)(3) that a 30-day 
delay in effectiveness for this 2000 quota would be contrary to the 
public interest. Such a delay could prevent the quota from being in 
place before it is exceeded and the fisheries closed.
    This action is exempt from review under Executive Order 12866.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C., 
601et seq., are inapplicable.

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

    Dated: September 20, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-24694 Filed 9-27-00; 8:45 am]
BILLING CODE: 3510-22-S