[Federal Register Volume 70, Number 170 (Friday, September 2, 2005)]
[Rules and Regulations]
[Pages 52324-52325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17550]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[Docket No. 050719189-5231-02; I.D. 081105E]
RIN 0648-AT33


International Fisheries; Pacific Tuna Fisheries; Restrictions for 
2005 Longline Fisheries in the Eastern Tropical Pacific Ocean

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

ACTION: Temporary rule; emergency action.

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SUMMARY: This emergency action, implemented under the regulations for 
the Pacific Tuna Fisheries, will prevent overfishing of bigeye tuna in 
the eastern tropical Pacific Ocean (ETP), 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. NMFS hereby closes the U.S. longline fishery directed 
at bigeye tuna in the Convention Area for the remainder of 2005 because 
the bigeye tuna catch in the Convention Area has reached the reported 
level of catch made in 2001. This action is intended to limit fishing 
mortality on bigeye tuna stock caused by longline fishing in the 
Convention Area and contribute to the long-term conservation of bigeye 
tuna stock at levels that support healthy fisheries.

DATES: Effective August 30, 2005 through December 31, 2005.

ADDRESSES: Southwest Regional Administrator, Southwest Region, NMFS, 
501 W. Ocean Blvd., Suite 4200, 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 Federal Register document is also accessible via the Internet 
at the Office of the Federal Register's website at http://www.gpoaccess.gov/.
    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. The Convention Area for this 
purpose is defined to include the waters of the ETP 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 tuna 
stocks and promote viable fisheries. Under the Tuna Conventions Act, 16 
U.S.C. 951-961 and 972 et seq., NMFS must publish regulations to carry 
out IATTC recommendations and resolutions that have been approved by 
DOS. The Southwest Regional Administrator also is also required by 
regulations at 50 CFR 300.299(b)(3) to issue a direct notice to the 
owners or agents of U.S. vessels that operate in the ETP of actions 
recommended by the IATTC and approved by the DOS. A notice to the fleet 
was sent May 31, 2005, advising the U.S. bigeye tuna longline fleet of 
anticipated actions for the 2005 fishing year.
    The IATTC recommended, and the DOS approved, a measure whereby the 
U.S. longline fishery for bigeye tuna in the Convention Area wouldill 
close for the remainder of calendar year 2005 if the catch of bigeye 
tuna by U.S. longline

[[Page 52325]]

vessels in the Convention Area reaches 150 mt (the amount estimated to 
have been caught by the U.S. longline fishery in the Convention Area in 
2001). The measure recommended by the IATTC and approved by DOS states 
that, no bigeye tuna may be caught and retained by U.S. longline bigeye 
tuna vessels in the Convention Area during the remainder of the 
calendar year 2005 once the fishery is closed upon reaching the 2001 
catch level. NMFS promulgated a proposed rule to effect this 
recommendation on August 15, 2005 (70 FR 47774-47776).
    NMFS has determined that the 150 mt catch level has been reached 
for the 2005 season and hereby closes the U.S. longline fishery for 
bigeye tuna in the Convention Area for the remainder of the year 2005. 
It is therefore prohibited for a U.S. longline bigeye tuna vessel to 
retain bigeye tuna in the Convention Area from the effective date of 
this action through December 31, 2005. Longline vessels are not subject 
to this rule if they declare to NMFS under the Western Pacific Pelagics 
FMP that they intend to shallow-set to target swordfish.

Classification

    This action is consistent with the Tuna Conventions Act 16, U.S.C. 
951-961 and 971 et seq. This action is consistent under the regulations 
for the Pacific Tuna Fisheries found at 50 CFR 300.29.
    For the reasons set forth below, the Assistant Administrator for 
Fisheries (AA) finds good cause under 5 U.S.C. 553(b)(B) to waive 
notice and comment for this rule, which closes the U.S. bigeye tuna 
longline fishery in the IATTC Convention Area for the remainder of the 
2005 season. Similarly, the AA finds good cause to waive the 30-day 
delay in effective date for this rule under 5 U.S.C. 553(d)(3).
    It is impracticable and contrary to the public interest to provide 
for notice and an opportunity for public comment because the U.S. quota 
for bigeye tuna in the ETP longline fishery has already been reached, 
much earlier this year than in the preceding year. In 2004, U.S. 
vessels using longline gear in the ETP did not attain the 2001 catch 
limit until September. This year, however, in July of 2005, U.S. 
longline vessels in the ETP were estimated to have harvested over 150 
metric tons of bigeye tuna. The estimated catch to date is 
approximately 241 metric tons, significantly over-quota. Accommodating 
notice and comment and delaying the effective date for this rule would 
result in continued harvest of bigeye tuna by the longline fleet over 
the 2001 catch level.
    Failure to effectuate the closure immediately, when estimates 
indicate that the fishery is already significantly over-quota, could 
also cause potentially serious harm to the ETP bigeye tuna stock. In 
2003, 2004, and 2005, IATTC stock assessment scientists concluded that 
the bigeye tuna stock is at a level below that which would produce the 
average maximum sustainable yield. Furthermore, NMFS has determined 
that bigeye tuna in the Pacific are subject to overfishing, using the 
standards for ``overfishing'' in the Magnuson-Stevens Fishery 
Conservation and Management Act, 16 U.S.C. 1801 et seq.
    Furthermore, the rule must be made effective immediately to meet 
U.S. obligations under the Convention between the United States of 
America and the Republic of Costa Rica for the Establishment of an 
Inter-American Tropical Tuna Commission, as well as U.S. obligations to 
manage tuna stocks in a sustainable manner under the Tuna Conventions 
Act of 1950, 16 U.S.C. 951-961 and 971 et seq. Therefore, notice and an 
opportunity for comment, and delayed effectiveness of the closure, are 
not practicable and are contrary to the public interest.
    This emergency rule is exempt from the procedures of the Regulatory 
Flexibility Act because the rule is issued without opportunity for 
prior notice and opportunity for public comment.
    This emergency rule has been determined to be not significant for 
purposes of Executive Order 12866.

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

    Dated: August 30, 2005.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
[FR Doc. 05-17550 Filed 8-30-05; 2:40 pm]
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