International fisheries regulations: Pacific tuna; harvest quotas,

[Federal Register: December 14, 1999 (Volume 64, Number 239)]

[Rules and Regulations]

[Page 69672-69673]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr14de99-18]

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

RIN 0648-AN04

[Docket No. 991207319-9319-01; I.D. 111099B]

International Fisheries; Pacific Tuna Fisheries; Harvest Quotas

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

ACTION: 1999 quotas for yellowfin and bigeye tuna.

SUMMARY: NMFS announces the 1999 quotas and associated purse seine and baitboat fishery conservation measures for the eastern Pacific Ocean, consistent with recommendations by the Inter-American Tropical Tuna Commission (IATTC) and approved by the Department of State under the terms of the Tuna Conventions Act. If these quotas are reached, subsequent documents will be published announcing the dates on which the fisheries will close and any associated conservation measures to implement the quotas.

DATES: Effective December 14, 1999.

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

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, and implemented through the Tuna Conventions Act (16 U.S.C. 955). The IATTC was established to provide an international arrangement to ensure the effective international conservation and management of tunas and tuna- like fishes in the Eastern Pacific Ocean (EPO). The IATTC has maintained a scientific research and fishery monitoring program for many years, and it 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. The Convention Area includes all waters in the EPO 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. parallels, and 150 deg. W. long. The IATTC has designated a Commission Yellowfin Regulatory Area (CYRA) in which the total catch of yellowfin tuna may be limited. This consists of the waters in the Convention Area bounded by a line extending westward from the mainland of North America along the 40 deg. N. lat. 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. lat. parallel to the coast of South America.

At its annual meeting June 5-11, 1999, the IATTC adopted a resolution dealing with yellowfin tuna conservation. This resolution set an initial quota of 225,000 metric tons (mt) for yellowfin tuna taken by purse seine vessels in the CYRA. This quota could be raised by up to three successive increments of 15,000 mt each if the Director of IATTC concludes from examination of available data that such increases will pose no substantial danger to the stocks. This is consistent with the practice of the IATTC over many years, and has historically been supported by the United States.

At a subsequent meeting in October 1999, the IATTC adopted a new resolution for implementing the 1999 yellowfin tuna quota. Under this resolution, the quota is 265,000 mt. The directed baitboat and purse seine fisheries for yellowfin tuna would be closed when the quota is reached, except that the fisheries would be closed on December 2, 1999, even if the quota were not reached. This document confirms that this resolution has been approved by the Department of State as it is consistent with the resolution adopted in June 1999.

In another resolution in July 1999, the IATTC recommended that action be taken to limit the catch of bigeye tuna in the purse seine fisheries to 40,000 mt in 1999, with the limit to be implemented by prohibiting purse seine sets on all types of floating objects in the Convention Area when this harvest level is reached. The Department of State has also approved this recommendation.

The yellowfin quota is based on a 1999 assessment of the condition of the stock of yellowfin harvested in the CYRA. The assessment indicates that the yellowfin stock is healthy and is estimated to be able to sustain a fishery of 270,000 to 290,000 mt per year throughout EPO. The quota for the CYRA is conservative relative to estimated maximum sustainable yields. The IATTC noted that the yield per recruit (and ultimate sustainable harvests) depends on the fishing strategy employed, with larger fish (and higher yield per recruit) for fishing associated with dolphin and smaller fish (and lower yield per recruit) for fishing associated with floating objects.

Classification

This action is authorized by 50 CFR part 300 subpart C.

This final rule has been determined to be not significant for purposes of E.O. 12866.

The Assistant Administrator for Fisheries, NOAA finds for good cause under 5 U.S.C. 553(b)(B) that providing prior notice and an opportunity for public coment 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 Assistant Administrator for Fisheries, NOAA, finds, for good cause under 5 U.S.C. 553(d)(3), that a 30-day delay in effectiveness for these 1999 quotas would be contrary to the public interest. Such a delay would prevent the quotas from being in place before they are exceeded and the fisheries closed.

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. 601 et seq., are inapplicable.

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

[[Page 69673]]

Dated: December 7, 1999. Penelope D. Dalton, Assistant Administrator for Fisheries, National Marine Fisheries Service.

[FR Doc. 99-32321Filed12-13-99; 8:45 am]

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