[Federal Register: October 9, 2003 (Volume 68, Number 196)]
[Proposed Rules]
[Page 58296-58298]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09oc03-25]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[I.D. 091603E]
National Marine Fisheries Service, Notice of Intent to Prepare an
Environmental Assessment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent to prepare an environmental assessment (EA);
request for written comments; notice of public scoping meetings.
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SUMMARY: NMFS announces its intent to prepare an EA and to hold scoping
meetings to inform interested parties of the potential impacts on the
human environment of the implementation of the regulatory changes
resulting from the recently extended Treaty on Fisheries Between the
Governments of Certain Pacific Island States and the Government of the
United States of America (Treaty). As part of this process, NMFS
intends to conduct two scoping meetings to allow stakeholders the
opportunity to express their views regarding information that NMFS
should consider in preparing the EA for the implementation of the
regulatory changes required under the recently re-negotiated Treaty.
DATES: The dates for the public scoping meetings are:
1. October 24, 2003, in San Diego, California.
2. November 13, 2003, in Pago Pago, American Samoa.
ADDRESSES: The scoping meeting locations are:
1. Embassy Suites Hotel, San Diego Bay, 4 p.m. - 10 p.m.
2. Utulei Convention Center, 4 p.m. - 7 p.m.
Written comments on the issues, range of alternatives, impacts that
should be discussed in the EA, and requests to be included on a mailing
list of persons interested in the EA should be sent to Raymond Clarke,
International Affairs Division, Pacific Islands Regional Office, NMFS,
1601 Kapiolani Blvd., Suite 1110, Honolulu, HI 96814. Comments may be
sent to the Regional Office via facsimile (fax) at 808-973-2941 and
must be received by December 8, 2003.
FOR FURTHER INFORMATION CONTACT: Charles Karnella or Raymond Clarke,
telephone (808) 973-2937.
[[Page 58297]]
SUPPLEMENTARY INFORMATION:
Background
The Treaty entered into force in 1988. The Treaty is between the 16
members of the Pacific Islands Forum, an inter-governmental body that
represents 16 sovereign Pacific Island Countries (PICs), and the United
States of America. After an initial 5-year agreement, the Treaty was
renewed in 1993 allowing access for up to 50 U.S. purse seiners (with
an option for 5 more if agreed to by all parties) to the Exclusive
Economic Zones (EEZs) of the following countries: Australia, Cook
Islands, Federated States of Micronesia, Fiji, Kiribati, Marshall
Islands, New Zealand, Nauru, Niue, Palau, Papua New Guinea, Solomon
Islands, Tonga, Tuvalu, Vanuatu, Samoa. The Treaty Area is
approximately 10 million square miles in the western and central
Pacific Ocean.
The Treaty sets out the terms and conditions associated with
certain aspects of U.S. purse seine vessel operations and obtaining
access to the PICs= EEZs. Treaty terms and conditions include, but are
not limited to, various fees, area closures, reporting, and observer
coverage requirements. Additionally, the United States Government has
certain Treaty obligations that include, but are not limited to,
administrative requirements, economic assistance fees, as well as the
collection, compilation, and summarization of fishery related data.
Commencing in 2000, the U.S. and the PICs entered into a series of
negotiations that led to an agreement to amend and extend the Treaty
for 10 years or until June 14, 2012. The agreement recognizes that all
parties involved in the negotiations were required to obtain the
consent of their various legislative and/or executive bodies before the
Treaty entered into law. The parties agreed to abide by the negotiated
terms and conditions of the extension of the Treaty after June 15, 2003
B or when key provisions of the previous Treaty expired. This allowed
the U.S. purse seine fleet to continue to operate and allowed the PICs
to continue to benefit from the economic assistance associated with the
Treaty. As of this writing all the parties have not ratified the re-
negotiated Treaty.
Under the current agreement, the U.S. is obligated to pay an annual
amount of $21 million. The U.S. Government annually provides $18
million under a technical assistance agreement, and the U.S. purse
seine tuna industry, provides the additional $3 million. These funds
are paid to the Forum Fisheries Agency (FFA) located in Honiara,
Solomon Islands. Under the current (re-negotiated) Treaty, the U.S. is
now limited to 40 vessels (and up to 5 additional vessels operating
under joint venture agreements with PICs).
The changes to the operational requirements of the Treaty include:
recognition of electronic media as an allowed method for meeting
reporting requirements and information transmittal by the purse seine
vessels, the use of electronic vessel monitoring systems while vessels
operate in the Treaty Area, modifications by certain PICs to the areas
in which fishing is permitted by U.S. purse seine vessels and
correcting an unintended consequence of the drafting of the Treaty that
prohibited pelagic longlining by U.S. vessels on the high seas areas
(areas outside the 200- mile EEZ of any country) within the Treaty
Area.
NEPA Process
The authorization by NMFS to the FFA to provide U.S. purse seine
vessels a license to fish in the Treaty Area, which includes access to
the EEZs of PICs is a Federal action. Under the National Environmental
Policy Act (NEPA), Federal agencies must insure that analysis of the
environmental impacts of a range of alternative proposals is available
to public officials and citizens before Federal decisions are made and
before Federal actions are taken. The purpose is to promote management
and policy decisions that will prevent or eliminate damage to the
environment, stimulate the health and welfare of the public, and enrich
the understanding of the ecological systems and natural resources
important to the nation. A key element of the NEPA process is the
identification of the proposed action as well as a set of alternatives
to the proposed action. The NEPA process, involving public review of
the alternatives, is designed to provide the agency with information
that enables identification of issues, concerns and reasonable
alternatives. The proposed action now under consideration and the
subject of this EA is the FFA's authorization of U.S. purse seine
vessels to operate in the EEZs of certain PICs under the terms and
conditions of the Treaty as amended and extended until June 2012.
NMFS is accepting written comments on the range of actions,
alternatives, and impacts it should consider in the EA. These comments
will be part of the public record.
Alternatives
At present the range of alternatives to be considered in the EA
will probably include, but would not be limited to:
NMFS does not propose a regulation to implement the changes
proposed for the Third Extension of the Treaty (No Action Alternative).
Under this alternative, the Treaty would continue in the manner it has
since June 15, 2003, pursuant to the Memorandum of Understanding (MOU)
signed on May 9, 2002. That non-legally binding document represents the
political commitment of the signatories to apply the amendments to the
Treaty and Annexes that were not in force by June 15, 2003.
NMFS proposes a regulation to implement the changes proposed for
the Third Extension of the Treaty. Under this alternative, the U.S.
would implement the regulatory changes that have been agreed upon for
the third extension of the Treaty. No new legislation would be required
for the United States to implement such changes. Regulations would,
however, have to be promulgated to require that U.S. tuna purse seine
vessels licensed to fish under the Treaty comply with the prescribed
vessel monitoring system (VMS) procedures and requirements. This action
would implement VMS requirements that are consistent with FFA
specifications and be applicable to persons and vessels subject to the
Treaty and the jurisdiction of the United States. Operators wishing to
fish under the Treaty would be required to install, carry, activate and
operate, repair or replace a VMS unit while in the Treaty Area. This
alternative also includes modifications to the regulations that would
allow U.S. longline vessels to fish on the high seas within the Treaty
Area, as well as modifications to the areas of fishing in the EEZs of
the Solomon Islands and Papua New Guinea.
NMFS recommends that the U.S. withdraw from the Treaty. In
effecting withdrawal, the U.S. would first submit an instrument
signifying withdrawal to the depositary, after which it would become
effective 1 year later. The decision to withdraw from the Treaty could
be taken if the U.S. believed it was no longer in the nation=s best
interest to continue participation. There are several scenarios under
which such a withdrawal might occur.
The termination of U.S. Purse Seine industry participation in the
Treaty. The organization of the Treaty provides the potential that the
Treaty could continue without the participation of the U.S. purse seine
industry. For instance, the United States Government could continue to
provide economic assistance to the PICs called for under the Treaty.
This economic assistance is now the only significant source of U.S.
economic
[[Page 58298]]
support to the region (outside payments made to the Compact States of
the Republic of the Marshall Islands, the Federated States of
Micronesia and the Republic of Palau).
Other alternatives that may be explored may address non-target,
associated and dependent species related to purse seine fishing.
Comments on these alternatives, as well as issues and concerns are
invited.
Additional Information Available
Information on the text of the Treaty, the authorizing legislation
or the implementing regulations are available from the NOAA Fisheries
Pacific Islands Regional Office.
Special Accommodations
These meetings are accessible to people with disabilities. Requests
for sign language interpretation or other auxiliary aids should be
directed to Raymond Clarke, telephone 808-973-2937, fax 808-973-2941 at
least 5 days before the scheduled meeting date.
Authority: 973-973r. et seq.
Dated: October 3, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 03-25640 Filed 10-8-03; 8:45 am]
BILLING CODE 3510-22-S