[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