[Federal Register Volume 63, Number 45 (Monday, March 9, 1998)]
[Notices]
[Pages 11422-11423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-5838]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 020498B]


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: Request that NMFS designate the South Atlantic Fishery 
Management Council to prepare a fishery management plan (FMP) and 
subsequent FMP amendments (amendments) for dolphin and wahoo; request 
for public comments.

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SUMMARY: NMFS has received a request from the South Atlantic Fishery 
Management Council (South Atlantic Council) that NMFS designate, under 
procedures of the Magnuson-Stevens Fishery Conservation and Management 
Act, the South Atlantic Council as the Regional Fishery Management 
Council (Council) to prepare a FMP and amendments for the fisheries for 
dolphin, Coryphaena hippurus, and wahoo, Acanthocybium solanderi, 
throughout their range in the exclusive economic zone (EEZ) of the 
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea. If NMFS 
designates the South Atlantic Council to prepare this FMP and 
amendments for these fisheries, the Caribbean, Gulf of Mexico, Mid-
Atlantic, and New England Fishery Management Councils would still be 
able to propose dolphin and wahoo management measures for inclusion in 
the FMP and amendments. Under the South Atlantic Council's proposal, 
preparation of the FMP and amendments, and submission of these to NMFS 
for review, approval, and implementation (as provided under section 
302(h) of the Magnuson-Stevens Act), would require a majority vote by 
only the South Atlantic Council. Input to the FMP and amendments by 
other Councils would not require their formal action (i.e., formal 
Council vote). Public comments are solicited concerning the South 
Atlantic Council's request.

DATES: Comments must be submitted by April 8, 1998.
ADDRESSES: Comments should be directed to Dr. Andrew J. Kemmerer, 
Regional Administrator, Southeast Region, NMFS, 9721 Executive Center 
Drive N., St. Petersburg, FL 33702.

FOR FURTHER INFORMATION CONTACT: Mark Godcharles, 813-570-5305.

SUPPLEMENTARY INFORMATION: Currently, dolphin is managed under the 
Fishery Management Plan for the Coastal Migratory Pelagic Resources of 
the Gulf of Mexico and South Atlantic (Coastal Pelagics FMP). Wahoo in 
the Atlantic Ocean, including the Gulf of Mexico and the Caribbean Sea, 
is not included in any Federal FMP. At its August 1997 meeting, the 
South Atlantic Council passed a motion to begin development of an FMP 
that would regulate commercial and recreational fisheries for dolphin 
and wahoo in the Atlantic EEZ. The South Atlantic Council requested 
that NMFS designate it to prepare such an FMP for these species 
throughout their range in the EEZ of the Atlantic Ocean.
    Under section 304(f) of the Magnuson-Stevens Act, NMFS, on behalf 
of the Secretary of Commerce, may designate which Council(s) shall 
prepare an FMP and amendments for a fishery that extends beyond the 
geographical area of authority of any one Council. Specifically, NMFS 
may designate one Council to prepare the FMP and amendments or require 
that the FMP and amendments be prepared jointly by the Councils 
concerned. 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. Designation of one Council to prepare the FMP and amendments 
does not preclude participation in developing proposed management 
measures by the other Councils concerned.
    South Atlantic Council action to initiate development of the FMP 
was prompted by public and Congressional concerns regarding possible 
overfishing and localized reductions of these two species because of 
increased harvesting by commercial and recreational fishermen. The 
South Atlantic Council believes that an FMP is necessary to protect and 
manage dolphin and wahoo resources throughout the Atlantic Ocean. 
Development of such an FMP is consistent with the Magnuson-Stevens Act 
that requires the prevention of overfishing of fishery resources in the 
EEZ and the maintenance of fish stocks at population levels sufficient 
to produce maximum sustainable yield on a continuing basis. The South 
Atlantic Council indicates that the FMP would insure the long term 
health and sustainability of these fishery resources. Such an FMP would 
also address user group conflicts. To provide protection for dolphin 
and wahoo throughout their range in the Atlantic Ocean, the South 
Atlantic Council has asked the

[[Page 11423]]

Caribbean, Gulf, Mid-Atlantic, and New England Fishery Management 
Councils to support and participate in the management of these species. 
Specifically, the South Atlantic Council would establish a dolphin and 
wahoo management committee comprised of members of all the Councils 
concerned as well as an advisory panel comprised of fishery 
representatives from the various Councils' jurisdictions. The South 
Atlantic Council indicates the FMP would preferably provide for 
consistent measures throughout the full range of dolphin and wahoo, 
but, where possible, the management program would be tailored to each 
Council's jurisdiction.
    Inclusion of dolphin in the proposed FMP would require its removal 
from the Coastal Pelagics FMP by amendment to this fishery management 
plan. The Gulf and South Atlantic Councils jointly developed and amend 
the Coastal Pelagics FMP (managed species include king mackerel, 
Spanish mackerel, cero, cobia, dolphin, little tunny, and in the Gulf 
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 in the Atlantic and Gulf of Mexico EEZ, and 
corresponding dolphin possession limits for those gears.
    The South Atlantic Council indicates, based on available 
information, that increased harvesting of dolphin and wahoo off the 
southern Atlantic states has contributed to localized depletion and 
user group conflicts. These problems are attributed to recent increases 
in fishing effort and market demand spurred by the popularity of 
dolphin among restaurant patrons. Available landings information 
indicates that the pelagic longlining fleet is directing increased 
effort toward dolphin, perhaps to offset declining swordfish catches. 
Considering that this fleet operates throughout the Atlantic EEZ, there 
is increasing opportunity for occurrences of localized overfishing of 
dolphin elsewhere in the EEZ, possibly leading to an overfished 
condition of the stock.
    The South Atlantic Council believes that the present situation 
requires timely remedial action to prevent overfishing and serious user 
group conflicts before they occur off the southern Atlantic states or 
elsewhere in the Atlantic EEZ. In considering 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 throughout their range. Consequently, the South 
Atlantic Council requests authorization to develop an FMP that would 
provide comprehensive management and protection of dolphin and wahoo in 
the EEZ of the Atlantic Ocean.
    NMFS requests public comments on the South Atlantic Council's 
proposal to be designated as the Council to prepare a new FMP to manage 
dolphin and wahoo throughout the Atlantic Ocean. Written comments will 
be reviewed and considered prior to NMFS' decision on this request.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: March 2, 1998.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-5838 Filed 3-6-98; 8:45 am]
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