International Fisheries; Pacific Tuna Fisheries; Restrictions for 2005 Longline Fisheries in the Eastern Tropical Pacific Ocean, 52324-52325 [05-17550]

Download as PDF 52324 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations List of Subjects in 50 CFR Part 17 PART 17—[AMENDED] Endangered and threatened species, Exports, Imports, Reporting and recordkeeping requirements, Transportation. I 1. The authority citation for part 17 continues to read as follows: Authority: 16 U.S.C. 1361–1407; 16 U.S.C. 1531–1544; 16 U.S.C. 4201–4245; Pub. L. 99– 625, 100 Stat. 3500; unless otherwise noted. Regulation Promulgation Accordingly, we amend part 17, subchapter B of chapter I, title 50 of the Code of Federal Regulations, as follows: I 2. Amend § 17.11(h) as follows: a. By removing the entries for ‘‘Gazelle, Mhorr’’ and ‘‘Gazelle, Rio de Oro Dama’’ under MAMMALS in the I § 17.11 Endangered and threatened wildlife. I Species List of Endangered and Threatened Wildlife; and I b.By adding entries for ‘‘Addax,’’ ‘‘Gazelle, dama,’’ and ‘‘Oryx, scimitarhorned,’’ in alphabetical order under MAMMALS, to the List of Endangered and Threatened Wildlife as set forth below. * * * (h) * * * * Historic range Vertebrate population where endangered or threatened Addax nasomaculatus. North Africa ............ Entire ...................... E * Gazelle, dama ......... * Gazella dama ......... * North Africa ............ * Entire ...................... * E * 3 * Oryx, scimitarhorned. * Oryx dammah ......... * North Africa ............ * Entire ...................... * E * * * * Common name MAMMALS Addax ....................... * Scientific name * * Dated: August 19, 2005. Marshall P. Jones, Jr., Director, Fish and Wildlife Service. [FR Doc. 05–17431 Filed 9–1–05; 8:45 am] BILLING CODE 4310–55–P 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 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Temporary rule; emergency action. AGENCY: 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 InterAmerican Tropical Tuna Commission (IATTC) that have been approved by the Department of State (DOS) under the VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 * Status 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 https://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 PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 When listed Critical habitat Special rules NA NA * NA NA * NA NA * 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° N. and 40° S. parallels, and the 150° 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 E:\FR\FM\02SER1.SGM 02SER1 Federal Register / Vol. 70, No. 170 / Friday, September 2, 2005 / Rules and Regulations 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 overquota. 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. VerDate Aug<18>2005 14:47 Sep 01, 2005 Jkt 205001 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] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 041126333–5040–02; I.D. 082905D] Fisheries of the Economic Exclusive Zone Off Alaska; Shallow-Water Species Fishery by Vessels Using Trawl Gear in the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 ACTION: 52325 Temporary rule; closure. SUMMARY: NMFS is prohibiting directed fishing for species that comprise the shallow-water species fishery by vessels using trawl gear in the Gulf of Alaska (GOA). This action is necessary because the fourth seasonal apportionment of the 2005 Pacific halibut bycatch allowance specified for the shallowwater species fishery in the GOA has been reached. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), September 4, 2005, through 1200 hrs, A.l.t., September 30, 2005. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The fourth seasonal apportionment of the 2005 Pacific halibut bycatch allowance specified for the shallowwater species fishery in the GOA is 150 metric tons as established by the 2005 and 2006 harvest specifications for groundfish of the GOA (70 FR 8958, February 24, 2005), for the period 1200 hrs, A.l.t., September 1, 2005, through 1200 hrs, A.l.t., September 30, 2005. In accordance with § 679.21(d)(7)(i), the Administrator, Alaska Region, NMFS, has determined that the fourth seasonal apportionment of the 2005 Pacific halibut bycatch allowance specified for the trawl shallow-water species fishery in the GOA has been reached. Consequently, NMFS is prohibiting directed fishing for the shallow-water species fishery by vessels using trawl gear in the GOA. The species and species groups that comprise the shallow-water species fishery are pollock, Pacific cod, shallowwater flatfish, flathead sole, Atka mackerel, skates, and ‘‘other species.’’ This closure does not apply to fishing for pollock by vessels using pelagic trawl gear in those portions of the GOA open to directed fishing for pollock. After the effective date of this closure the maximum retainable amounts at §§ 679.20(e) and (f) apply at any time during a trip. Classification This action responds to the best available information recently obtained E:\FR\FM\02SER1.SGM 02SER1

Agencies

[Federal Register Volume 70, Number 170 (Friday, September 2, 2005)]
[Rules and Regulations]
[Pages 52324-52325]
From the Federal Register Online via the Government Printing 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.

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

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 https://
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]
BILLING CODE 3510-22-S

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