[Federal Register Volume 63, Number 219 (Friday, November 13, 1998)]
[Rules and Regulations]
[Pages 63421-63422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30391]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 644
[Docket No. 981109279-8279-01; I.D. 020398B]
RIN 0648-AM02
Atlantic Marlin Adjustable Bag Limit Provision
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim rule; technical amendment.
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SUMMARY: By the interim rule, published in the Federal Register on
March 24, 1998, NMFS increased the minimum size limits for Atlantic
blue marlin (BUM) and Atlantic white marlin (WHM), respectively, and
required operators of Atlantic billfish sport fishing tournaments to
notify NMFS at least 4 weeks prior to tournament commencement. On
September 29, 1998, NMFS extended the period of the interim rule for an
additional 180 days and amended it to increase the minimum size limit
for Atlantic BUM to 99 inches lower jaw-fork length (LJFL) (251 cm), to
establish a recreational bag limit of one Atlantic BUM or WHM per
vessel per trip and to grant the Assistant Administrator for Fisheries,
NOAA (AA), authority to adjust the bag limit, including adjusting it to
zero. The current action amends the interim rule to remove the
provision allowing the AA to adjust the bag limit.
DATES: Effective November 9, 1998.
FOR FURTHER INFORMATION CONTACT: Buck Sutter, 813-570-5447; fax: 813-
570-5364.
SUPPLEMENTARY INFORMATION: The International Convention for the
Conservation of Atlantic Tunas (ICCAT) adopted a recommendation in 1997
with several measures to address the condition of billfish resources
throughout the Atlantic Ocean, including reducing Atlantic BUM and
Atlantic WHM landings by at least 25 percent from 1996 limits, starting
in 1998, to be accomplished by the end of 1999. In September 1997, NMFS
designated BUM and WHM as being overfished. In response to the ICCAT
recommendation, as required by Atlantic Tunas Convention Act (ATCA),
and in an effort to reduce overfishing, NMFS promulgated a 180-day
interim rule (63 FR 14030, March 24, 1998) under section 305(c) of the
Magnuson Fishery Conservation and Management Act (Magnuson-Stevens
Act). The interim rule increased the minimum size of Atlantic BUM and
WHM that could be retained by U.S. recreational anglers and required
operators of Atlantic billfish sport fishing tournaments to notify NMFS
at least 4 weeks prior to tournament commencement. The interim rule was
extended for an additional 180 days, beginning September 24, 1998, and
amended to increase the minimum size limit for Atlantic BUM to 99
inches (251 cm), to establish a recreational bag limit of one Atlantic
BUM or WHM per vessel per trip, and to grant the AA authority to adjust
the bag limit up or down, including to zero if the landing limits for
BUM and WHM are reached (26.2 mt and 2.48 mt, respectively), as
determined by the most recent tournament and other landings data (63 FR
51859, September 29, 1998).
It is highly unlikely that the interim authority granted the AA to
adjust the bag limit would have to be used by March 19, 1999, the date
the interim rule expires. The BUM and WHM recreational angling seasons
in the United States generally occur between May and September. The
best currently available scientific information indicates that the
ICCAT-recommended landing limits for BUM and WHM have not been exceeded
thus far during 1998. In addition, the NMFS Recreational Billfish
Survey indicates that no landings of BUM or WHM have been observed from
October through February over the last 3 years of the survey (1995 to
1997). Under 50 CFR 644.20, the fishing year and associated landing
limits run from January 1 to December 31. At the initiation of the new
fishing year on January 1, 1999, the landing limits start again at 26.2
mt BUM and 2.48 mt WHM. Based on the landings data for 1995 through
1997, 0 percent of the landings for both BUM and WHM are taken during
January and February, and only 3.6 percent of BUM and 1.6 percent of
WHM are taken during March. It is, therefore, highly unlikely that
there would be any need to adjust the bag limit of one fish per vessel
per trip downward for the remainder of 1998, or from January 1, 1999,
through March 19, 1999, in order to ensure compliance with ICCAT-
recommended landing limits.
NMFS has received public comment on the interim rule, and on
October 9, 1998 (63 FR 54433) NMFS published a notice of availability
of draft Amendment 1 to the Atlantic Billfish Fishery Management Plan
(Billfish FMP), with a request for comments by January 7, 1999. Draft
Amendment 1 to
[[Page 63422]]
the Billfish FMP contains an alternative management measure that would
give the AA, the authority to adjust the bag limit up or down,
including adjusting it to zero if the landing limits for BUM and WHM
are reached. The public comments received to date indicate that the
possibility of a zero bag limit could have a significant negative
impact on the planning of, and participation in, billfish tournaments.
Sport fishing organizations have stated their intent to address this
issue in the context of commenting on draft Amendment 1 to the Billfish
FMP and on the regulations to implement that amendment (proposed
implementing regulations for the FMP amendment will be published
shortly).
NMFS agrees that there is no need to maintain the provision to
adjust the bag limit in the interim rule and, by this action, removes
the AA's authority to adjust the bag limit. NMFS will evaluate written
and verbal comments received during the 3-month comment period on the
draft FMP amendment, and during the comment period on the implementing
regulations to be proposed shortly, in determining the appropriateness
of using adjustable bag limits to ensure compliance with ICCAT-
recommended landing limits. In the highly unlikely event that a
prohibition of Atlantic BUM and/or WHM landings is required because
ICCAT-recommended limits have been exceeded before the end of the
interim rule period, NMFS has the authority, under section 305(d) of
the Magnuson-Stevens Act, to take appropriate action.
Classification
The AA has determined that this amendment of the interim rule is
consistent with the Magnuson-Stevens Act and other applicable laws.
The AA has determined that, under 5 U.S.C. 553(b)(B), there is good
cause to waive the requirement for prior notice and an opportunity for
public comment as such procedures would be contrary to the public
interest for the reasons stated above. Further, under 5 U.S.C.
553(d)(3), the AA has determined that there is good cause to waive the
otherwise required 30-day delay in effective date. This rule affects
only the authority of NMFS to adjust a bag limit. It does not impose
any substantive requirement on any fisherman for which time would be
required to come into compliance.
The amendment of this interim rule has been determined to be not
significant for purposes of E.O. 12866.
Because prior notice and an opportunity for public comment are not
required to be provided for the amendment of this interim 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.
List of Subjects in 50 CFR Part 644
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: November 6, 1998.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 644 is amended
as follows:
PART 644--ATLANTIC BILLFISHES
1. The authority citation for part 644 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
Sec. 644.26 [Amended]
2. Section 644.26 (b) is removed and reserved.
[FR Doc. 98-30391 Filed 11-9-98; 4:10 pm]
BILLING CODE 3510-22-F
