[Federal Register Volume 64, Number 120 (Wednesday, June 23, 1999)]
[Notices]
[Pages 33468-33470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15875]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
I.D. 061699E
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Fisheries for Dolphin and Wahoo
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of agency action.
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SUMMARY: NMFS, under the procedures of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), has designated
the South Atlantic, Gulf of Mexico, and Caribbean Fishery Management
Councils (Councils) as joint preparers of a new fishery management plan
for the fisheries for dolphin, Coryphaena hippurus, and wahoo,
Acanthocybium solandri (FMP), throughout their range in the exclusive
economic zone (EEZ) of the Atlantic, Gulf of Mexico, and Caribbean Sea.
NMFS has further designated the South Atlantic Fishery Management
Council (South Atlantic Council) as the Council with the administrative
lead in preparing and amending this new FMP. Under the new FMP, the
three Councils would jointly set the population parameters (e.g.,
maximum sustainable yield (MSY)) for dolphin and wahoo. NMFS has
encouraged the Councils to develop an FMP framework regulatory
adjustment procedure that would provide authority for each of the three
Councils to establish independently regulatory measures in its
respective area of jurisdiction. The Mid-Atlantic and New England
Fishery Management Councils indicated a preference not to manage the
stocks directly, but to serve in an advisory capacity to the other
Councils with joint FMP preparation and amendment responsibility.
FOR FURTHER INFORMATION CONTACT: Robert Sadler, 727-570-5305.
SUPPLEMENTARY INFORMATION: Currently, dolphin in the EEZ of the
Atlantic Ocean, Gulf of Mexico, and Caribbean Sea is managed under the
FMP for the Coastal Migratory Pelagic Resources of the Gulf of Mexico
and South Atlantic (Coastal Pelagics FMP). Wahoo in the EEZ is
currently not managed under any Federal FMP. The Gulf and South
Atlantic Councils have joint responsibility for developing and amending
the Coastal Pelagics FMP (managed species include king mackerel,
Spanish mackerel, cero, cobia, dolphin, little tunny, and, in the Gulf
of Mexico only, bluefish). The Coastal Pelagics FMP is implemented
under authority of the Magnuson-Stevens Act by regulations at 50 CFR
part 622. Presently, those regulations specify authorized and
unauthorized fishing gears for dolphin and corresponding dolphin
possession limits for those gears.
Given the increasing fishing pressure on dolphin and wahoo, and the
sparse information available on stock structure and status, the South
Atlantic Council perceives a need to provide management for dolphin and
wahoo throughout their ranges. The South Atlantic Council believes that
present fishery conditions require timely action to prevent overfishing
and serious user group conflicts before they occur off the southern
Atlantic states or elsewhere in the Atlantic EEZ. Consequently, the
South Atlantic Council requested authorization under the Magnuson-
Stevens Act to develop an FMP that would provide comprehensive
management and protection of dolphin and wahoo in the EEZ of the
Atlantic, Gulf of Mexico, and Caribbean Sea. Inclusion of dolphin in
the proposed dolphin/wahoo FMP would have required its removal from the
Coastal Pelagics FMP by an amendment to that FMP.
Under its request, the South Atlantic Council would have prepared
the dolphin/wahoo FMP and subsequent amendments for submission to NMFS
for review, approval, and implementation (as provided under section
302(h) of the Magnuson-Stevens Act). This proposed scenario would have
required Council adoption of the final FMP/amendment only by majority
vote of the South Atlantic Council.
On March 9, 1998 (63 FR 11422), and May 5, 1998 (63 FR 24774), NMFS
published documents in the Federal Register affording opportunity for
public comment on the South Atlantic Council's proposal. NMFS published
the second document at the Gulf Council's request to allow more time
for its membership to consider more fully the issues and impacts of the
proposal.
After considering the South Atlantic Council's request, and the
public comment received, NMFS, acting on behalf of the Secretary of
Commerce (Secretary) under the procedures of the Magnuson-Stevens Act,
has designated the South Atlantic, Gulf of Mexico, and Caribbean
Fishery Management Councils as joint preparers of a new FMP for the
fisheries for dolphin and wahoo throughout their range in the EEZ of
the Atlantic, Gulf of Mexico, and Caribbean Sea. NMFS has further
designated the South Atlantic Council as the Council with the
administrative lead in preparing and amending this new dolphin/wahoo
FMP. Authority to designate a Council or Councils to prepare an FMP for
fisheries that extend beyond one Council's geographical area of
authority is granted to the Secretary under section 304(f) of the
Magnuson-Stevens Act. That section further states that no jointly
prepared FMP or amendment may be submitted to NMFS for review,
approval, and implementation unless it is approved by a majority of the
voting members, present and voting, of each Council concerned.
Under this joint designation, the Gulf, Caribbean, and South
Atlantic Councils will jointly set the population parameters for
dolphin and wahoo, such as MSY, optimum yield, minimum stock size
threshold, and maximum fishing mortality threshold; the South Atlantic
Council will have the administrative lead in establishing these
parameters. NMFS will encourage the Councils to develop jointly an FMP
framework regulatory adjustment procedure that will provide authority
for each Council to establish independently the regulatory measures in
its respective area of jurisdiction. The Mid-Atlantic and New England
Fishery Management Councils have indicated a preference not to manage
directly, but to serve in an advisory capacity to the other Councils.
It would be the responsibility of the South Atlantic Council to
coordinate matters of international concern with the other Councils.
Once completed, the dolphin/wahoo FMP or its amendments will be
submitted for agency review, approval, and implementation, but only
after approval by a majority of the voting members, present and voting,
of the South Atlantic, Gulf, and Caribbean Councils. NMFS believes that
this approach is the most expedient and practicable method to manage
dolphin and wahoo effectively and equitably throughout their ranges.
Managing these species throughout their ranges should facilitate
maintaining populations at levels sufficient to produce MSY on a
continuing basis, and ultimately optimize the socioeconomic benefits of
the resource.
NMFS' approval of the dolphin/wahoo FMP would require removal of
dolphin from the Coastal Pelagics FMP.
Comments and Responses
In total, 49 comments were received on the South Atlantic Council's
original proposal to develop a dolphin/wahoo
[[Page 33469]]
FMP. Comments were received from 9 recreational fishing organizations
with 1 organization commenting twice; 4 commercial organizations or
associations; 7 commercial businesses with 3 businesses commenting
twice; 13 other individuals with one individual commenting twice; 3
environmental organizations; 3 state agencies; and 3 Regional Fishery
Management Councils with 2 Councils responding twice.
Comments were diverse. Five commenters believed that no management
was needed for dolphin and wahoo, and seven commenters suggested
management options for dolphin and wahoo without indicating who should
assume responsibility for that management. Designation of the South
Atlantic Council as the lead council to develop the FMP was supported
by 14 commenters, whereas 22 commenters suggested that management of
dolphin and wahoo by NMFS Highly Migratory Species Division or through
joint activities of the affected Regional Fishery Management Councils
would be more appropriate.
Commercial Sector
Comments: The majority of the commenters did not support the
proposed designation of the South Atlantic Council as the lead Council
to develop the dolphin/wahoo FMP and subsequent amendments, preferring
management by NMFS' Highly Migratory Species Division (NMFS/HMSD) with
the involvement of the International Commission for the Conservation of
Atlantic Tunas (ICCAT) or, alternatively, a multi-Council dolphin/wahoo
FMP with NMFS/HMSD and ICCAT involvement. A few commenters from the
commercial sector recommended continued management of dolphin, with the
inclusion of wahoo, under the Coastal Pelagics FMP. Most of the
commercial sector commenters stated that the composition of the South
Atlantic Council was unbalanced, with a membership that gave preference
to the recreational sector. Thus, they were concerned that the
commercial sector, especially pelagic longliners, would not be fairly
represented during Council deliberations. Additionally, comments
expressed concern about a lack of scientific data on which to base
management decisions and urged NMFS or other management agencies, such
as ICCAT, to begin collecting biological information on these species
prior to developing an arguably unnecessary FMP.
Response: NMFS agrees that only limited biological information
exists for dolphin or wahoo and, thus, the status of the stocks are
poorly known. However, this does not preclude NMFS and the Councils
from taking necessary action to manage and conserve these resources,
especially given the increasing fishing effort and landings for these
species.
NMFS disagrees with the comments alleging bias in the composition
of the South Atlantic Council membership. In approving candidates for
Council membership, the Secretary and his designees endeavor to balance
equitably the representation of diverse user groups and resource
managers. Any management measures developed under the dolphin/wahoo FMP
and its amendments that NMFS approves would have to comply fully with
the national standards, other provisions of the Magnuson-Stevens Act,
and other applicable law.
Councils and States
Comments: Both the Gulf and Caribbean Councils commented that they
support development of a joint dolphin/wahoo FMP where the South
Atlantic Council acts in an administrative lead capacity. The Gulf and
Caribbean Councils requested the authority to manage unilaterally the
dolphin and wahoo stocks occurring in their jurisdictional areas. Three
South Atlantic states (North Carolina, Georgia, and Florida) submitted
comments that supported the South Atlantic Council's FMP proposal. All
of these commenters agreed that management is needed, particularly as a
precautionary approach in the absence of definitive scientific
information on the status of the stocks, to maintain healthy dolphin
and wahoo stocks and to address fishery problems in a timely manner.
Response: NMFS believes that a joint Council dolphin/wahoo FMP,
with the South Atlantic Council assuming an administrative lead, is the
most expedient and practicable method to manage dolphin and wahoo
effectively and equitably throughout their ranges. Managing these
species throughout their ranges should facilitate maintaining
populations at levels sufficient to produce MSY on a continuing basis
and optimize the socioeconomic benefits of the resource. NMFS
encourages the development of an FMP framework procedure for regulatory
adjustments that would grant authority to the Gulf, Caribbean, and
South Atlantic Councils to develop and adopt management measures for
dolphin and wahoo in their respective jurisdictional areas. Ultimately,
the implementation of the dolphin/wahoo FMP is contingent upon NMFS'
review and approval of the submitted proposed measures.
Conservation Organizations and Private Citizens
Comments: Three conservation organizations supported the
development of a dolphin/wahoo FMP by the South Atlantic Council
because of concerns about significant increases in the fishing
mortality on these species, thus threatening both the resource
(localized depletions) and the fishery (user conflicts).
Five commenters indicated that the responsibility to preserve
dolphin and wahoo fisheries should be shared equitably by both
recreational and commercial fishermen. Two individuals commented that
both commercial harvest and fishing tournaments that target the largest
fish, which usually are the most prolific spawners, should be
controlled. These commenters recommended a variety of harvest
restrictions (size limits, bag limits, and closed spawning seasons/
areas) to be equitably applied to both sectors.
Response: Dolphin and wahoo may become depleted by intensive
fishing pressure from all fishing sectors. NMFS believes that the most
equitable approach to addressing these issues is through a new dolphin/
wahoo FMP developed jointly by the three Councils, with an
administrative lead role for the South Atlantic Council. NMFS has
encouraged the development of an FMP framework procedure that allows
each Council to manage the fisheries in its respective jurisdictional
area, consistent with the overall population parameters approved by all
three Councils.
Recreational Sector
Comments: All recreational fishing organizations supported the
management of dolphin and wahoo resources, and several commented that,
in the absence of reliable stock assessment information, a management
program is needed as a precautionary approach to preserve and protect
dolphin and wahoo stocks. One commenter preferred the development of
separate FMPs for the Gulf of Mexico and Atlantic areas because of the
differing fisheries between the regions and the differences in
abundance of the stocks between regions.
Some commenters expressed concern about commercial longline vessels
turning to dolphin harvest to offset economic losses sustained from
decreasing swordfish catches.
Response: NMFS agrees that only limited biological information
exists for dolphin or wahoo and, thus, the status of the stocks is
poorly known. Therefore, NMFS encourages the development of a joint
dolphin/wahoo
[[Page 33470]]
FMP where the Councils would provide equitable management that complies
with the national standards and other applicable laws in their
respective jurisdictional areas, while maintaining the regionwide
population at levels sufficient to produce MSY on a continuing basis.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 17, 1999.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries
Services.
[FR Doc. 99-15875 Filed 6-17-99; 4:06 pm]
BILLING CODE 3510-22-F
