[Federal Register Volume 63, Number 188 (Tuesday, September 29, 1998)]
[Rules and Regulations]
[Pages 51859-51862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25951]
[[Page 51859]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 644
[Docket No. 980305056-8245-02; I.D. 020398B]
RIN 0648-AK88
Atlantic Billfishes; Atlantic Blue Marlin and Atlantic White
Marlin Minimum Size; Billfish Tournament Notification Requirements;
Atlantic Marlin Bag Limit
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim rule; amendment; extension of expiration date; response
to comments; request for comments.
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SUMMARY: By 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 tournaments involving any Atlantic billfish to notify NMFS
at least 4 weeks prior to commencement. NMFS extends this interim rule
for an additional 180 days, and amends it to increase the minimum size
limit for Atlantic BUM to 99 inches LJFL (251 cm); establish a
recreational bag limit of one Atlantic BUM or WHM per vessel per trip;
and grant the Assistant Administrator for Fisheries, NOAA (AA)
authority to adjust the bag limit. The intent of this amendment and
extension is to continue to reduce overfishing of Atlantic BUM and WHM,
and implement the recommendation of the International Commission for
the Conservation of Atlantic Tunas (ICCAT), as required under the
Atlantic Tunas Convention Act (ATCA). These actions are necessary until
an amendment to the Atlantic Billfish Fishery Management Plan is
proposed and approved, and other more comprehensive measures as
established by that amendment, are implemented by final rule.
DATES: Effective September 23, 1998, the regulations published on March
24, 1998 at 63 FR 14030 are extended through March 19, 1999. The
amendments in this rule are effective September 24, 1998 through March
19, 1999. Comments on the increase in minimum size limit for Atlantic
BUM to 99 inches LJFL and the establishment of an Atlantic marlin bag
limit must be received no later than November 23, 1998.
ADDRESSES: Comments should be mailed to Dr. Rebecca Lent, Highly
Migratory Species Management Division, NMFS, 1315 East-West Highway,
Silver Spring, MD 20910. Copies of this document and documents
supporting this action are available from Buck Sutter, Highly Migratory
Species Management Division, NMFS, Southeast Regional Office, 9721
Executive Center Drive N, St. Petersburg, FL 33702. Comments regarding
the collection-of-information requirement contained in this extended
interim rule, as amended, should be sent both to one of the previous
addresses and to the Office of Management and Budget (OMB), Washington,
DC 20503 (Attention: NOAA Desk Officer).
FOR FURTHER INFORMATION CONTACT: Buck Sutter, 813-570-5447; fax: 813-
570-5364.
SUPPLEMENTARY INFORMATION: Under section 305(c) of the Magnuson Fishery
Conservation and Management Act (Magnuson-Stevens Act), NMFS
promulgated an interim rule (63 FR 14030, March 24, 1998) that
increased the minimum size limits for Atlantic BUM and WHM to 96 inches
(244 cm) lower jaw-fork length (LJFL) and 66 inches (168 cm) LJFL,
respectively, and required operators of tournaments involving any
Atlantic billfish to notify NMFS at least 4 weeks prior to
commencement. The interim rule was intended to reduce overfishing of
Atlantic BUM and WHM and to implement a recommendation of ICCAT to
reduce Atlantic BUM and WHM landings by 25 percent for each of these
species from 1996 levels and to improve current monitoring, data
collection, and reporting requirements. The interim rule also directly
responded to a petition for rulemaking from the National Fisheries
Institute (NFI), received on July 28, 1997, which recommended mandatory
registration and reporting requirements for all billfish tournaments.
NMFS announced receipt of the petition in a Federal Register notice on
August 28, 1997 (62 FR 45614), and made copies available to interested
parties, including members of the Billfish Advisory Panel (AP). A
discussion of the management and stock status of Atlantic BUM and WHM,
ICCAT's recommendation relating to Atlantic billfish, and the need for
interim action is found in the preamble to the interim rule.
The increased minimum sizes for Atlantic BUM and WHM, established
in the original interim rule, were selected based on the 1994 to 1996
size distribution of recorded landings for those species and were
calculated to reduce Atlantic BUM and WHM landings by number and weight
during 1998 to provide an adequate timeframe to determine whether these
size measures were an effective means to meet U.S. billfish landing
caps by the end of 1999. The ICCAT recommendation restricts U.S.
landings to 26.2 mt whole weight (ww) of BUM and 2.48 mt ww of WHM. The
increased minimum sizes were expected to reduce the number and weight
of landings of Atlantic BUM by 46 percent and 39 percent, respectively,
and of Atlantic WHM by both number and weight by 53 percent from 1996
levels.
The size limits established in the interim final rule were based on
the best available information at the time. However, an analysis of a
more extensive database that includes 1997 landings has since been
completed. This information indicates that the minimum size of 96
inches (244 cm) LJFL for Atlantic BUM may not be adequate to achieve
the required 25 percent reduction in landings. Application of a 96-inch
(244 cm) LJFL limit on the size frequency of Atlantic BUM landed during
1995 to 1997 results in a reduction in landings of only 21 percent by
weight and 32 percent by number. Therefore, the minimum size for
Atlantic BUM must be increased to 99 inches (251 cm) LJFL to help
ensure full compliance with the 1997 ICCAT recommendation, with a
projected reduction in landings of 32.44 percent by weight and 44.33
percent by number. Application of a 66-inch (168 cm) LJFL limit on the
size frequency of WHM landed during 1995 to 1997 results in a projected
reduction in landings of 42 percent by weight and 47 percent by number.
While this reduction in WHM landings is less than the interim rule
estimate of 53 percent by weight and by number, it is still sufficient
for compliance with the 1997 ICCAT recommendation. Therefore, this
extended interim rule, as amended, maintains the 66-inch (168 cm) LJFL
minimum size for Atlantic WHM.
A complicating factor in evaluating minimum size for the
recreational billfish fishery is the source of data used to evaluate
management alternatives. Actual landings (weight, number, and size
distributions) by U.S. recreational anglers are unknown; minimum
landing estimates are calculated from billfish tournaments and from the
Large Pelagic Survey (LPS). The only available size distribution data
are collected from the Recreational Billfish Survey of tournaments, and
it is unknown whether this information accurately reflects the true
distribution of recreational landings. Although the use of increased
minimum sizes will reduce
[[Page 51860]]
the number of fish that are landed and provide immediate reductions in
current fishing mortality levels, the exact impact on the total
mortality is unknown, since size limits and resulting landing reduction
estimates were based on fish taken only during fishing tournaments.
The impact of handling or release mortality must also be considered
in evaluating the effectiveness of any management measure requiring the
release of live fish (e.g., fish less than the minimum size). Accurate
measures of release mortality are complicated by a variety of factors,
including fishing techniques (e.g., type of tackle and bait, length of
fight), location on fish of hooking, water temperature, handling time,
size of the fish, and many other parameters.
Considering the limits the above factors place on using minimum
sizes as the only measure for complying with the ICCAT recommendation,
NMFS also amends the interim rule to establish a recreational bag limit
of one Atlantic marlin (either BUM or WHM) per vessel per trip. NMFS
also amends the interim rule to grant the AA the authority to adjust
the bag limit, with 3-days notice, including an adjustment to a zero
bag limit. This will allow the bag limit to be reduced to zero when the
recommended ICCAT landing cap of 26.2 mt ww Atlantic BUM and 2.48 mt ww
WHM (25 percent reduction from 1996 Atlantic BUM and WHM landings) is
reached.
Retention of more than one billfish (of any species) during a
recreational trip is relatively rare. It has been estimated that over
70 percent of recreational trips do not result in a landed billfish
(Fisher and Ditton, 1992). There are occasional trips, however, where
more billfish are encountered, and limiting landings to one fish per
vessel could significantly reduce fishing mortality. One concern
associated with bag limits is that ``culling'' of fish could occur,
that is the retention of several fish until fishing is completed, then
the retention of the bag limit. However, given the conservation ethics
of most billfish anglers, culling is not anticipated to be a problem.
Therefore, the extended interim rule, as amended, would establish a one
marlin (either BUM or WHM) per vessel, per trip bag limit. The AA would
have the authority, under this alternative, to adjust the bag limit
with a 3-day notice, including a zero bag limit.
In a survey of recreational billfish anglers who participate in
billfish tournaments, Fisher and Ditton (1992) found that 50.1 percent
of the sample population either was neutral or agreed with a one
billfish per vessel, per day bag limit. Interestingly, results of the
mail survey by Fisher and Ditton indicated that more anglers supported
a zero bag limit (74.2 percent were either neutral or in agreement with
this action). At their September 1998 meeting, Billfish AP members
supported a one billfish per vessel, per trip bag limit, but were
opposed to granting the AA authority to reduce the bag limit to zero.
Shortly, NMFS will propose an amendment to the Atlantic Billfish
FMP, that includes a comprehensive set of management measures
addressing overfishing and long-term rebuilding of overfished Atlantic
billfish, including BUM and WHM, and will propose regulations
implementing these measures. To allow time for the FMP Amendment and
rulemaking processes to be completed, the interim rule needs to be
extended to ensure that 1999 BUM and WHM landings are at least 25
percent below 1996 levels as required by the ICCAT. Therefore, in
addition to the amendments discussed above, the interim rule, which
would otherwise expire on September 23, 1998, is extended through March
19, 1998.
Comments Received to Date
A 4-week notification requirement for tournaments involving
Atlantic billfish was originally included in a proposed rule to
consolidate regulations for Atlantic Migratory Species Fisheries (61 FR
57361, November 6, 1996). Five public hearings were held to receive
comments on the proposed consolidated rule. Comments addressing
billfish tournament requirements were also received by mail and fax and
were summarized in the interim rule, along with responses to these
comments.
Subsequent to the publication of the interim rule, seven public
hearings, announced in the Federal Register on April 9, 1998, were held
to receive comments. NMFS found no opposition to the interim rule
regulations at these hearings. There were 13 letters received during
the comment period; 5 of these did not address the interim rule.
Comments pertaining to Atlantic billfish management issues beyond the
scope of the interim rule will not be addressed here. There was general
support for the interim management measures; responses to additional
comments on the interim rule are provided.
Responses to Comments
Comment 1: One commenter stated concern that the tournament
reporting requirements should help to monitor billfish mortality but
doubted if the universe of tournaments is known or even closely
estimated.
Response 1: NMFS agrees that the universe of tournaments is not
known, and plans to use the tournament registration requirement to
better estimate the total number of tournaments. Additional measures to
monitor Atlantic billfish landings are being considered in the
development of the Atlantic Billfish FMP amendment.
Comment 2: The NFI found it difficult to verify the statement that
landings will be reduced by 46 percent by number and 39 percent by
weight for Atlantic BUM and by 53 percent by both number and weight of
Atlantic WHM and that these figures should be based on cumulative
frequency distribution plots or suitable tables listing the numbers of
Atlantic BUM and WHM sampled by LJFL. This commenter also felt that the
rule should explicitly state the assumptions underlying conclusions
about the effect that larger minimum sizes will have on total
recreational billfish landings based on the existing sample size
frequency.
Response 2: NMFS agrees. The Atlantic BUM and WHM minimum sizes and
associated reductions in landings established in the existing interim
final rule were based on the best available information at the time.
However, further analysis using subsequent information, which includes
1997 Atlantic BUM and WHM landings, indicates that the resultant
reductions in landings from the increased minimum size were
overestimated. A discussion of the new analysis and its results is
mentioned in the section of supplementary information. Further detail,
as requested by NFI, is contained in the EA/RIR document supporting
this action.
Comment 3: The Blue Water Fishermen's Association (BWFA) supported
the interim measures but stated that these measures alone are not
sufficiently strict to ensure that the United States meets ICCAT
Atlantic BUM and WHM landing caps and recommendations. BWFA wants the
interim rule to be implemented in concert with strict quota monitoring
to ensure that ICCAT caps are not exceeded. There were three other
written comments expressing similar concern.
Response 3: NMFS also agrees that the increases in minimum sizes of
Atlantic marlin may not be adequate to achieve the required 25-percent
reduction in Atlantic BUM and WHM landings. Further the interim rule is
being amended to ensure that the ICCAT recommendation is met. The
minimum size for BUM has been increased to 99 inches LJFL. In addition,
NMFS is establishing a one Atlantic marlin per
[[Page 51861]]
vessel, per trip bag limit and is granting the AA the authority to
adjust the bag limit with a 3-day notice, including adjusting to a zero
bag limit. Additional conservation measures to ensure that the United
States meets ICCAT landing caps and recommendations are being developed
as part of the Atlantic Billfish FMP amendment.
Comment 4: BWFA commented that NMFS should also implement a strict
``landing tag'' program immediately to ensure that the quota is not
exceeded. Similarly, NFI recommended that NMFS require all tournaments
to obtain a permit to land and/or target, in the case of catch and
release tournaments, Atlantic marlin.
Response 4: NMFS is considering requiring a landing tag to be
affixed to all recreationally landed Atlantic billfish as part of the
Atlantic Billfish FMP amendment. However, the success of such a tagging
program is dependent on self-reporting, and even then, it would not
ensure that the ICCAT recommended landing cap is not exceeded. More
comprehensive management measures are being developed as part of the
Atlantic Billfish FMP amendment.
Comment 5: NFI is disappointed with the reporting requirements of
the interim rule and concerned that NMFS \1\ failure to implement
anything more than a negligible improvement in billfish monitoring will
jeopardize compliance with the ICCAT recommendation and undermine the
credibility of the United States in the ICCAT forum. BWFA also comments
that the United States has failed to monitor the recreational sector
after years of advocating strict commercial measures and that the
disparity in treatment undermines our credibility at ICCAT. Both NFI
and BWFA commented on how much of the effort by U.S. recreational
fishermen goes entirely unregulated, undetected, and undocumented. NFI
specifically commented that NMFS ignored billfish landings from private
and charter fishing activities not associated with tournaments and
ignores comments that NFI and other organizations have submitted over
several years on the need to improve monitoring of recreational
fisheries for Atlantic marlin and sailfish, especially for charter and
tournament businesses. Nine additional commenters expressed concern
about discriminatory regulations, and they want NMFS to hold the
sportfishing sector accountable for its associated fish mortalities.
Response 5: NMFS agrees that all sectors of the billfish fishery
must be held accountable for their associated billfish mortality. These
interim management measures are intended only as initial actions until
a more comprehensive set of management measures can be implemented.
Actions to improve monitoring, including private and charter/party
vessels, are being developed for both the proposed Billfish Amendment
and the proposed HMS FMP. Alternatives include requiring (1) permits
and logbook reporting for charter/headboat operations targeting
Atlantic highly migratory species; (2) observer coverage onboard
charter/headboats targeting highly migratory species; (3) a landing tag
to be affixed to all recreationally landed Atlantic Billfish; and (4)
vessel permits for all U.S. registered vessels fishing recreationally
for Atlantic highly migratory species.
Comment 6: BWFA requested that NMFS require every tournament to
submit data on catches and effort, not just selected tournaments. NFI
requested that there be 100 percent tournament reporting selection
until a statistically based sampling program is implemented.
Response 6: The total number of tournaments held is unknown. Since
implementation of the tournament registration requirement, 114
tournaments have registered. NMFS anticipates the number of tournaments
registered will increase as public outreach expands. A statistically
based sample of tournaments will be selected for reporting in order to
reduce the potential burden on NMFS and on tournament directors.
Currently, all registered tournaments that land billfish must submit
tournament reports. Until a statistically based sampling program is
implemented, all tournaments be 100 percent tournaments will be
required to report.
Classification
NMFS extends the interim rule published on March 24, 1998, at 63 FR
14030, as amended, for 180 days. As authorized by section 305(c)(3)(B)
of the Magnuson-Stevens Act, an interim rule may be extended for an
additional 180 days provided the public has had an opportunity to
comment on the interim rule and, at the time of this extension, a
proposed plan amendment to address the overfishing on a permanent basis
is being actively pursued. The public has had opportunity to comment on
the interim rule as noted in the supplementary information section.
These comments were considered in determining the amendment and
extension of this interim rule, and responses to comments have been
provided. The Billfish AP commented on various aspects of this extended
rule, as amended, at their September 1998 meeting. NMFS is preparing an
amendment to the Atlantic Billfish FMP outlining a rebuilding plan and
concomitant management strategies to reduce bycatch and bycatch
mortality. The amendment is being developed using the best possible
science and input from the Billfish AP, and various outreach forums
will ensure public input into this process.
The AA has determined that this extension of the interim rule is
necessary to continue to reduce overfishing of BUM and WHM and to meet
U.S. obligations under ICCAT. The extension of the interim rule is
consistent with the Magnuson-Stevens Act and other applicable laws.
The actions set forth in the extended interim rule respond to the
over-exploitation of these resources in the Atlantic Ocean and to the
need to improve current monitoring, data collection, and reporting
procedures, as well as to promote the release of live billfish. The
United States is also obligated, under ATCA, to implement ICCAT
recommendations. Failure to implement these actions in a timely manner
may result in failure to meet ICCAT obligations and increase the need
for more severe restrictions in the future.
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. The modifications in this rule are necessary to ensure
compliance with international legal obligations. Additionally, these
modifications were discussed in a public AP meeting. To ensure wide
circulation of the extended interim measures, as amended, NMFS will
work with the Billfish AP, recreational fishing organizations,
sportfishing media, and fishing tournaments known to involve billfish,
to notify affected entities. In addition, notice will be provided
through the HMS FAX network and NOAA weather radio.
Further, under 5 U.S.C. 553(d)(3), the AA has determined that there
is good cause, as explained above, to waive the 30-day delay in
effective date. NMFS will rapidly communicate the new regulations to
fishery participants through its FAX network, HMS Information Line,
billfish brochure, and NOAA weather radio.
The extension of this interim rule has been determined to be not
significant for purposes of E.O. 12866.
Notwithstanding any other provision of law, no person is required
to respond
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to nor shall a person be subject to a penalty for failure to comply
with a collection of information subject to the requirements of the
Paperwork Reduction Act (PRA) unless that collection of information
displays a currently valid Office of Management and Budget control
number. This extended interim rule contains the same collection-of-
information requirement subject to the PRA. Fishing tournament
registration and selective reporting in Sec. 644.10 have already been
approved by OMB under control number 0648-0323 and estimated at 10
minutes per report. Send comments regarding this burden estimate or any
other aspect of this collection-of-information requirement including
suggestions on how to reduce or eliminate this burden to NMFS and OMB
(see ADDRESSES).
Because prior notice and an opportunity for public comment are not
required to be provided for the extension 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: September 23, 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:
50 CFR CHAPTER VI
PART 644--ATLANTIC BILLFISHES
1. The authority citation for part 644 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. Section 644.21 is amended by suspending paragraph (e) and adding
paragraph (f), effective from September 24, 1998, through March 19,
1999, to read as follows:
Sec. 644.21 Size limits.
* * * * *
(f) The following minimum size limits, expressed in terms of lower
jaw-fork length (LJFL), apply for the possession of billfish shoreward
of the outer boundary of the EEZ, regardless of where caught:
(1) Blue marlin-99 inches (251 cm)
(2) White marlin-66 inches (168 cm)
(3) Sailfish-57 inches (145 cm)
3. Section 644.26 is added, effective from September 24, 1998,
through March 19, 1999, to read as follows:
Sec. 644.26 Catch Limits.
(a) Only one Atlantic marlin (either a blue marlin or a white
marlin) may be possessed or landed per vessel per trip.
(b) If he determines after considering the most recent tournament
and other landings data that such action is necessary to comply
international obligations, the Assistant Administrator may increase or
reduce the catch limit, including reduction to zero Atlantic marlin per
vessel per trip. The Assistant Administrator will publish a notice in
the Federal Register of any adjustment in the allowable catch limit per
trip under this paragraph.
[FR Doc. 98-25951 Filed 9-24-98; 1:23 pm]
BILLING CODE 3510-22-P
