[Federal Register Volume 62, Number 167 (Thursday, August 28, 1997)]
[Proposed Rules]
[Pages 45614-45616]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22879]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 285, 630, 644 and 678
[I.D. 080597G]
Atlantic Tuna; Atlantic Swordfish; Atlantic Billfish; Atlantic
Shark Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of intent to prepare two Environmental Impact Statement
(EIS) documents, Fishery Management Plan (FMP) and FMP amendment
documents; notice of receipt of petitions for rulemaking; and request
for written comments.
-----------------------------------------------------------------------
SUMMARY: NMFS announces its intent to prepare two EIS documents to
assess the impacts of potential future management options on the
natural and human environment for the Atlantic tuna, Atlantic
swordfish, and Atlantic shark fisheries and the Atlantic billfish
fishery. NMFS also intends to prepare FMP and/or FMP amendment
documents for Atlantic tunas, swordfish, sharks, and billfish to
[[Page 45615]]
address new requirements of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) and, in the case of any
species identified as overfished, develop rebuilding programs. The
purpose of this notice is to: inform the interested public of the
intent to prepare these EIS and FMP documents; provide information on
new fishery management requirements of the Magnuson-Stevens Act, as
amended; announce that NMFS is considering measures for the 1998
Atlantic tunas, Atlantic swordfish, Atlantic shark, and Atlantic
billfish fisheries; announce the receipt of two petitions for
rulemaking for Atlantic billfish; and request public comments on issues
that NMFS should consider in preparing the EIS and FMP documents for
the Atlantic tuna, Atlantic swordfish, Atlantic shark, and Atlantic
billfish fisheries. Scoping meetings for the EIS and the FMP documents
will be scheduled at a later date.
DATES: Public comments must be received on or before October 27, 1997.
Public meetings will be announced at a later date.
ADDRESSES: Comments on the proposal to prepare two EISs and the FMP
documents should be sent to: Rebecca Lent, Chief, Highly Migratory
Species Management Division (F/SF1), Office of Sustainable Fisheries,
NMFS, 1315 East-West Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Liz Lauck or Jill Stevenson, 301-713-
2347; fax 301-713-1917.
SUPPLEMENTARY INFORMATION:
Background
The Atlantic tunas, swordfish, and billfish fisheries are managed
under the authority of the Magnuson-Stevens Act (16 U.S.C. 1801 et
seq.) and the Atlantic Tunas Convention Act (ATCA) (16 U.S.C. 971 et
seq.). The Atlantic shark fishery is managed under the authority of the
Magnuson-Stevens Act (16 U.S.C. 1801 et seq.). The Magnuson-Stevens Act
authorizes the Secretary of Commerce (Secretary) to prepare FMPs and
FMP amendments for the highly migratory species (HMS) that require
conservation and management within the geographical area of one or more
of the following Fishery Management Councils: New England Council, Mid-
Atlantic Council, South Atlantic Council, Gulf Council, and Caribbean
Council. This includes Atlantic tunas, swordfish, sharks, and billfish.
Furthermore, the Magnuson-Stevens Act requires the Secretary to develop
a rebuilding program for each species identified as overfished. The
ATCA authorizes the Secretary to issue regulations as may be necessary
to carry out the recommendations of the International Commission for
the Conservation of Atlantic Tunas (ICCAT). The authority to issue
these regulations has been delegated from the Secretary to the
Assistant Administrator for Fisheries, NOAA.
The Atlantic swordfish fishery is managed under the FMP for
Atlantic Swordfish, and its implementing regulations published
September 18, 1995, and found at 50 CFR part 630 issued under the
authority of the Magnuson-Stevens Act and the ATCA. Regulations issued
under the authority of ATCA carry out the recommendations of the ICCAT.
The fishery for Atlantic sharks is managed under the FMP prepared
by NMFS under authority of section 304(g) of the Magnuson-Stevens Act,
as amended, and implemented by regulations found at 50 CFR part 678.
The previous Notice of Intent to prepare an EIS for the Atlantic shark
fishery (62 FR 27585, May 20, 1997) is herein incorporated into this
Notice of Intent to prepare an EIS for the Atlantic tunas, Atlantic
swordfish, and Atlantic shark fisheries.
The Atlantic billfish fishery is managed under the FMP for Atlantic
Billfish, and its implementing regulations published September 28,
1988, and found at 50 CFR part 644 under the authority of the Magnuson-
Stevens Act. Recently, NMFS received two petitions for rulemaking to
revise the FMP for Atlantic Billfish and its implementing regulations.
These petitions seek amendments to the FMP and its implementing
regulations that would: (1) Eliminate unnecessary and burdensome
paperwork requirements; (2) improve data collection and monitoring of
harvests; (3) minimize the economic incentives for recreational fishers
to target overfished marlin stocks; and (4) identify blue and white
marlin as overfished species. The first three issues, as well as new
requirements of the Magnuson-Stevens Act, will be addressed by NMFS in
coordination with the Billfish Advisory Panel. Resolution of the fourth
issue depends largely on agency action based on the final rule
concerning the NMFS National Standard Guidelines that address
overfishing and overfished stocks. This rule has been proposed (62 FR
41907, August 4, 1997) and will be finalized this October. Also this
fall, NMFS will submit a list of overfished fisheries to Congress. Once
a fishery is identified as overfished, NMFS has 1 year to develop an
FMP or amendment to address overfishing and rebuilding.
Magnuson-Stevens Act Requirements
On September 27, 1996, Congress passed the Sustainable Fisheries
Act (SFA), Public Law 104-297, which amended the Magnuson Fishery
Conservation and Management Act (and renamed it the Magnuson-Stevens
Fishery Conservation and Management Act). The SFA was signed into law
on October 11, 1996. It contains several changes that affect the
management and management processes of marine fisheries by the
Secretary. Specifically, by October 11, 1998, all FMPs, FMP amendments,
and FMP regulations must be amended, where necessary, to include:
Reporting methods to identify the type and amount of bycatch or bycatch
mortality; identification and use of data on commercial, recreational,
and charter fishing components of the fishery; description and
identification of Essential Fish Habitat (EFH), minimization to the
extent practicable of adverse impacts caused by fishing on EFH, and
identification of actions that will encourage conservation of EFH; and
assessment of the impact of FMP measures on the fishing community.
Additionally, each FMP must contain specific criteria regarding
overfishing including: Specification of elements for identifying
whether a fishery is overfished and measures to prevent overfishing;
measures to rebuild overfished stocks and to ensure that, if deemed
necessary, restrictions are equitably distributed among user groups;
and measures to minimize mortality in recreational catch and release
programs. Note that these are some, but not all, of the new
requirements of the SFA. Refer directly to the Act for details.
Management Measures Under Consideration
NMFS will consider additional measures for 1998 and beyond for
managing the Atlantic tuna, Atlantic swordfish, Atlantic shark, and
Atlantic billfish fisheries. These measures will constitute, in part,
long-term rebuilding programs for any fisheries identified as
overfished and may include commercial quotas, recreational bag limits,
commercial trip limits, minimum size restrictions, time/area closures,
regional quotas, consistency between state and Federal regulations,
gear restrictions, limited access, and permitting and reporting
requirements. Consistent with the amended Magnuson-Stevens Act, NMFS is
establishing advisory panels (APs) to assist in the development of FMPs
and FMP amendments for Atlantic tunas, swordfish, sharks, and billfish.
The HMS AP will assist NMFS
[[Page 45616]]
in developing a single FMP that will establish a management plan for
Atlantic tunas and will amend the existing plans for Atlantic swordfish
and Atlantic sharks. The Billfish AP will assist NMFS in amending the
Atlantic Billfish FMP. Scoping for the two EISs and the FMP documents
will be held in conjunction with the APs.
NMFS has determined that preparation of one EIS is appropriate for
the Atlantic tunas, Atlantic swordfish, and Atlantic shark fisheries
due to the potentially significant impact of upcoming regulations on
the human environment and because changes have occurred in the
fisheries since the last EISs were prepared. In addition, NMFS has
determined that one EIS is appropriate for these fisheries due to the
high degree of overlap in the participants in HMS fisheries, and
because regulatory actions affecting one fishery can directly or
indirectly impact the other fisheries. Participants in the fishery,
including processors, may be required to operate under alternative
management measures that may redistribute fishing effort and/or
mortality in order to facilitate recovery of these highly migratory
resources. NMFS has determined that a separate EIS for Atlantic
billfish is appropriate because of differences between the fishery for
Atlantic billfish and the other Atlantic HMS fisheries.
Timing of the Analysis and Tentative Decisionmaking Schedule
Written comments on the intent to prepare the two EISs and the FMP
documents will be accepted until October 27, 1997. Comments will be
considered in the preparation of the draft EISs (DEIS) as part of FMP
or FMP amendment documents addressing long-term rebuilding programs and
other measures.
Dated: August 22, 1997.
George H. Darcy,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 97-22879 Filed 8-25-97; 9:51 am]
BILLING CODE 3510-22-F
