[Federal Register Volume 63, Number 56 (Tuesday, March 24, 1998)]
[Rules and Regulations]
[Pages 14030-14034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7629]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 644

[Docket No. 980305056-8056-01; I.D. 020398B]
RIN 0648-AK88


Atlantic Billfishes; Atlantic Blue Marlin and Atlantic White 
Marlin Size Limits; Billfish Tournament Notification Requirements

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.


[[Page 14031]]


ACTION: Interim rule; request for comments.

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SUMMARY: This interim rule increases the minimum size limits for 
Atlantic blue marlin (BUM) and Atlantic white marlin (WHM) to 96 inches 
(244 cm) lower jaw-fork length (LJFL) and 66 inches (168 cm) LJFL, 
respectively, and specifies requirements to notify NMFS of tournaments 
involving any Atlantic billfish at least 4 weeks prior to commencement. 
NMFS invites public comments on the increase in minimum size limits. 
Public hearings on this issue will be announced in the Federal Register 
at a later date. The intended effect of this interim rule is to reduce 
overfishing of BUM and WHM, and to implement a recommendation of the 
International Commission for the Conservation of Atlantic Tunas 
(ICCAT).

DATES: This interim rule is effective March 27, 1998 through September 
23, 1998. Comments must be received not later than May 22, 1998.

ADDRESSES: Comments on this interim rule should be mailed to, and 
copies of documents supporting this action may be obtained from, the 
Highly Migratory Species Division, Office of Sustainable Fisheries, 
NMFS, 1315 East-West Highway, Silver Spring, MD 20910. Comments 
regarding the collection-of-information requirement contained in this 
interim rule should be sent to the same address and to the Office of 
Information and Regulatory Affairs, 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; or Jill Stevenson, 301-713-2347; fax: 301-713-1917.

SUPPLEMENTARY INFORMATION: Atlantic BUM and Atlantic WHM are managed 
under the Fishery Management Plan (FMP) for Atlantic Billfish and 
implemented under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) at 50 CFR part 
644. In addition, BUM and WHM are managed throughout the Atlantic Ocean 
by ICCAT, of which the United States is a member. The Secretary of 
Commerce has the responsibility, under the Atlantic Tunas Convention 
Act (ATCA), to implement ICCAT recommendations. In 1997, ICCAT 
recommended a reduction of BUM and WHM landings by at least 25 percent 
from 1996 levels, starting in 1998, to be accomplished by 1999. The 
1997 ICCAT recommendation also included provisions to promote the 
voluntary release of live BUM and WHM, and to improve current 
monitoring, data collection and reporting procedures in fisheries 
landing BUM and WHM.
    Stock assessments for BUM and WHM were completed most recently in 
1996 by ICCAT's Standing Committee on Research and Statistics (SCRS). 
NMFS has identified both BUM and WHM as overfished; ICCAT considers 
both species to be over-exploited. Historically, both species have been 
considered separately as North and South Atlantic stocks (dividing line 
at 5 deg. N. lat.). Recent genetic and tag and recapture information 
indicates that an entire Atlantic stock may be more appropriate; 
however, available information from the South Atlantic makes a total 
Atlantic Ocean assessment problematic. Accordingly, assessments 
preformed by ICCAT's SCRS include both a North Atlantic and a total 
Atlantic Ocean evaluation. The biomass of BUM for the total Atlantic 
Ocean and North Atlantic in 1996 was estimated to be about 24 and 61 
percent, respectively, of the biomass needed to produce maximum 
sustainable yield (MSY); biomass levels for WHM were estimated to be 
about 23 and 32 percent, respectively, of levels need to produce MSY.
    In 1996, Congress reauthorized the Magnuson-Stevens Act by passing 
the Sustainable Fisheries Act (SFA), which included several provisions 
that directly impacted the management of highly migratory species 
(HMS). One of the new provisions requires NMFS to notify Congress each 
year on the status of U.S. fisheries. In September, 1997, NMFS 
submitted the first report, entitled ``Report to Congress: Status of 
Fisheries in the United States,'' which listed both BUM and WHM as 
overfished. Under the Magnuson-Stevens Act, NMFS is required to submit 
a draft FMP to the Secretary of Commerce, by September 30, 1998, that 
includes a rebuilding plan for BUM and WHM. Another new provision 
included in the SFA (Section 302(g)(1)) was the establishment of 
Advisory Panels (APs) to assist in the preparation of FMPs or FMP 
amendments involving HMS. Consequently, NMFS established a Billfish AP, 
with membership consisting of representatives from commercial and 
recreational fisheries, environmental, state management, and scientific 
entities, as well as members of the five affected fishery management 
councils with management jurisdiction along the U.S. Atlantic Ocean, 
Gulf of Mexico and Caribbean coasts.
    At the January 1998 AP meeting, NMFS provided background 
information on landings and recent stock assessments in consideration 
of an amendment to the Billfish FMP, in light of the 1997 ICCAT 
recommendations. Currently, only recreational landings of Atlantic 
billfish are allowable for U.S. fishermen; no Atlantic billfish may be 
purchased, bartered, traded, sold, or offered for sale in any state. 
Recreational landings for 1996 (ICCAT's target year for catch 
reduction) were 74,737 lb (34.9 mt) of BUM and 7,275 lb (3.3 mt) of 
WHM. Beginning in 1998, the United States is bound by ICCAT to 
immediately begin to reduce annual BUM and WHM landings to ensure that 
1999 landings are at least 25 percent below 1996 levels. The Billfish 
AP considered various management options to accomplish this goal, and 
reached consensus to increase the minimum legal landing size of BUM 
from 86 inches LJFL/197 lb (219 cm/89 kg) to 96 inches LJFL/286 lb (244 
cm/130 kg), and increase WHM from 62 inches LJFL/47.6 lb (157.4 cm/22 
kg) to 66 inches LJFL/57.5 lb (168 cm/26 kg). The increases in the size 
limits were based on the 1994 to 1996 size distribution and landings 
and were calculated to reduce BUM and WHM landings by number and weight 
during 1998 to provide an adequate time frame to determine if these 
size measures are an effective means to meet U.S. billfish landing 
limits by the end of 1999. The increases in the minimum size limits are 
estimated to result in a reduction in landings of 46 percent by number 
and 39 percent by weight of BUM, and a reduction of 53 percent by 
number and weight of WHM from 1996 levels.
    The Billfish AP also considered the ICCAT recommendation to promote 
the voluntary release of live BUM and WHM, and to improve current 
monitoring, data collection, and reporting procedures in all their 
fisheries. The United States already has a mandatory 100 percent 
release requirement for BUM and WHM caught by commercial vessels, and 
the recreational fishery is voluntarily releasing approximately 90 
percent of all billfish caught. To ensure that the new size limits are 
widely communicated, that accurate data are collected, and that the 
release of live billfish is encouraged, in consideration of the 
recommendations of the Billfish AP, this interim rule requires all 
tournaments involving BUM and/or WHM to provide notification to NMFS of 
the purpose, dates and location of any tournament involving score 
keeping or awards for the capture of Atlantic billfish, at least 4 
weeks prior to commencement. This requirement is necessary to provide 
NMFS with a complete data set of all active billfish

[[Page 14032]]

tournaments, thereby allowing statistically appropriate levels of data 
collection to enhance monitoring of BUM and WHM landings. The 
information collection requirement for tournaments previously listed 
under 50 CFR 644.5, is restated as 50 CFR 644.10.
    The 4-week notification requirement for tournaments involving 
Atlantic billfish was included in the proposed rule consolidating 
regulations for Atlantic Migratory Species Fisheries (61 FR 57361, 
November 6, 1996). Five public hearings were held to receive oral 
comments on the proposed consolidated rule. Additionally, numerous 
written comments were received by mail and fax. The following 
summarizes and responds only to comments addressing billfish tournament 
requirements.
    Comment: South Carolina Department of Natural Resources (SCDNR) 
comments that unless HMS tournaments are required to secure a Federal 
license, and NMFS specifically monitors competitive events and levies 
fines for violations, the program will not provide good data. They 
requested clarification on the tournament selection process and 
expressed concern that if only the largest, most visible events are 
chosen it would not accurately reflect true catch and effort for HMS. 
SCDNR also expressed concern that South Carolina tournaments would be 
targeted at a higher rate because the State has made the effort to 
identify these events and that the proposed action would require 
extensive funding and manpower, neither of which are available.
    Response: Directors of HMS tournaments are required to register 
with the Science Director and NMFS will develop a statistically based 
sampling program. Under such a program, states with a higher proportion 
of tournaments will likely be selected more often. However, the burden 
is minimal since the report largely consists of information readily 
available to tournament directors.
    Comment: The North Carolina Fisheries Association, Inc., comments 
that it is unclear why only tournaments selected by NMFS are required 
to report landings, since small tournaments (<200 boats) can have 
substantial landings of HMS.
    Response: The tournament reporting program will comprise a 
statistically based sample drawn from all tournaments registered with 
the Science Director.
    Comment: The National Fisheries Institute (NFI) suggests that NMFS 
require landing and fishing effort reports for all recreational HMS 
tournaments.
    Response: In order to reduce the potential burden on NMFS and 
tournament directors, a statistically based sample of tournaments will 
be selected for reporting.
    Comment: The Government of the Virgin Islands samples recreational 
catches using a non-uniform probability sampling program and voluntary 
use of fishery logbooks. The Division of Fish and Wildlife serves as 
weigh masters for all but one fishing tournament. Instead of imposing 
new reporting requirements, the Government of the Virgin Islands and 
NMFS should explore means of supplying data to ICCAT, while not adding 
to the burden of fishermen. This could be accomplished through better 
communication with the HMS Management Division and the Office of 
Sustainable Fisheries, NMFS, and the Virgin Island's Division of Fish 
and Wildlife.
    Response: NMFS agrees that cooperative efforts could improve data 
collection while reducing the administrative burden; however, a uniform 
data collection system is needed to provide statistically reliable 
information for monitoring of billfish landings throughout U.S. waters, 
including the Caribbean Sea.
    At their January, 1998 meeting, the Billfish AP urged NMFS to 
implement these measures (recommended by ICCAT in November 1997) before 
the start of billfish tournament season (March 1998). NMFS agrees that 
it is necessary to implement the 1997 ICCAT recommendation as soon as 
possible to assess the effects of these measures throughout the entire 
billfish fishing season, and to be in compliance with the ICCAT 
recommendation.
    While the focus of the ICCAT recommendation is on landings, the 
greatest source of billfish mortality in the United States is from dead 
discards in the longline fishery. These are closely monitored through 
observer and logbook data, and fully reported to ICCAT. NMFS will 
continue to monitor this source of mortality and will work with the 
Billfish AP to consider measures to reduce longline dead discards.
    NMFS has determined that the measures recommended by the Billfish 
AP are based on the best available scientific information to prevent 
further overfishing, and to implement ICCAT recommendations. Given the 
overfished status of both BUM and WHM as described in the 1997 ``Report 
to Congress: Status of Fisheries in the United States,'' NMFS is 
implementing these measures under section 305(c) of the Magnuson-
Stevens Act. The interim measure is needed to meet U.S. obligations 
under ICCAT, and to initiate measures to prevent further overfishing.
    In summary, this interim rule implements the reporting requirement 
proposed in 61 FR 57361 (November 6, 1996). That is, all persons 
conducting a fishing tournament involving scorekeeping or awards for 
the capture of Atlantic billfish, regardless of whether those fish are 
retained, from a port in an Atlantic, Gulf of Mexico, or Caribbean 
state must notify the Science Director at the Southeast Fisheries 
Science Center, 75 Virginia Beach Drive, Miami, FL 33149, in writing, 
at least 4 weeks prior to the commencement of the tournament. This 
interim rule also increases minimum size limits for the retention of 
BUM (96 inches (244 cm) LJFL) and WHM (66 inches (168 cm) LJFL).
    On July 28, 1997, NMFS received a petition for rulemaking from NFI. 
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 AP. This interim rule 
directly responds to one of the points made in the petition, which 
recommends mandatory registrations and reporting for all billfish 
tournaments. Under NOAA Administrative Order 205-11, 7.01, dated 
December 17, 1990, the Under Secretary for Oceans and Atmosphere has 
delegated authority to sign material for publication in the Federal 
Register to the Assistant Administrator for Fisheries, NOAA.

Classification

    NMFS issues this interim rule, effective for 180 days, as 
authorized by section 305(c) of the Magnuson-Stevens Act. This 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 
extension, a plan amendment or proposed regulations to address the 
overfishing on a permanent basis is being actively pursued. Public 
comments on this interim rule will be considered in determining whether 
to maintain or extend this interim rule to address overfishing of BUM 
and WHM. Responses to comments will be provided if the interim rule is 
revoked, modified, or extended.
    As required in the Magnuson-Stevens Act, an amendment to the 
Billfish FMP addressing the overfished nature of these species must be 
prepared, and submitted to the Secretary of Commerce by September 30, 
1998. NMFS is currently preparing an amendment to the Billfish FMP 
outlining a rebuilding

[[Page 14033]]

plan and concomitant management strategies. The amendment is being 
developed using the best possible science, the Billfish AP, and various 
outreach forums to ensure public input into this process.
    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this interim rule is necessary to reduce overfishing of 
BUM and WHM, and will also serve to implement 1997 ICCAT 
recommendations. The interim rule is consistent with the Magnuson-
Stevens Act and other applicable laws.
    The actions set forth in this interim rule respond to the over-
exploitation of these resources in the Atlantic Ocean, and the need to 
improve current monitoring, data collection, and reporting procedures, 
as well as promote the release of live billfish. The United States is 
also obligated, under ATCA, to implement ICCAT recommendations for 
1998. Failure to implement these actions in a timely manner now might 
result in failure to meet ICCAT obligations and increase the need for 
more severe restrictions in the future.
    Accordingly, pursuant to authority set forth at 5 U.S.C. 553(b)(B), 
the AA finds that these reasons constitute good cause to waive the 
requirement to provide prior notice and the opportunity for prior 
public comment, as such procedures would be contrary to the public 
interest. Further, the measures have been discussed publicly; the AP 
meeting during which these measures were recommended in January 1998 
was open to the public. Since the billfish tournament season begins in 
March 1998, the need to implement these measures in a timely manner to 
address the overfishing of BUM and WHM constitutes good cause under 5 
U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness. NMFS makes 
this rule effective March 27, 1998. To ensure wide distribution of the 
increase in minimum size limits for BUM and WHM and new tournament 
notification requirements, NMFS will work with the Billfish AP, 
recreational fishing organizations, sportfishing media, and fishing 
tournaments known to involve billfish, to notify affected entities of 
the interim measures as quickly as practicable. In addition, notice 
will be provided through the HMS FAX network.
    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 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 interim rule contains a collection-of-information 
requirement subject to the PRA. Fishing tournament registration and 
selective reporting in Sec. 644.10 have been approved by OMB under 
control number 0648-0323 and is 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 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

15 CFR Part 902

    Reporting and recordkeeping requirements.

50 CFR Part 644

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: March 18, 1998.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 15 CFR chapter IX and 50 
CFR chapter VI are amended as follows: 15 CFR Chapter IX

PART 902--NOAA INFORMATION COLLECTION REQUIREMENTS UNDER THE 
PAPERWORK REDUCTION ACT: OMB CONTROL NUMBERS

    1. The authority citation for part 902 continues to read as 
follows:

    Authority: 44 U.S.C. 3501 et seq.

    2. In Sec. 902.1, paragraph (b) the table is amended by adding in 
numerical order, the following entry to read as follows:


Sec. 902.1  OMB control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) * * *

------------------------------------------------------------------------
                                                                Current 
                                                                  OMB   
                                                                control 
                                                                 number 
     CFR part or section where the information collection         (all  
                   requirements is located                      numbers 
                                                                 begin  
                                                                  with  
                                                                 0648)  
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
50 CFR                                                                  
                                                                        
                  *        *        *        *        *                 
644.10.......................................................      -0323
                                                                        
                  *        *        *        *        *                 
------------------------------------------------------------------------

50 CFR Chapter VI

PART 644--ATLANTIC BILLFISHES

    3. The authority citation for part 644 continues to read as 
follows:

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

    4. In part 644, Sec. 644.5 is suspended and Sec. 644.10 is added, 
effective from March 27, 1998 through September 23, 1998, to read as 
follows:


Sec. 644.10  Recordkeeping and reporting.

    A person conducting a fishing tournament involving score keeping or 
awards for the capture of Atlantic billfish, regardless of whether 
retained, from a port in an Atlantic, Gulf of Mexico, or Caribbean 
state must notify the Science Director of the purpose, dates, and 
location of the tournament by letter postmarked, or fax dated, at least 
4 weeks prior to commencement. If selected in writing by the Science 
Director for reporting, that person must maintain and submit a fishing 
record on forms available from the Science Director for each day of 
fishing in the tournament. Completed forms must be submitted to the 
Science Director postmarked not later than the seventh day after the 
conclusion of the tournament and must be accompanied by a copy of the 
tournament rules.
    (a) The following information must be included on each form:
    (1) Tournament name.
    (2) Recorder's name and telephone number.
    (3) Date for which the information is recorded.
    (4) Hours fished (time from first line in the water to last line 
out of the water).
    (5) Name of each vessel fishing that day.
    (6) For each vessel listed, the species of each billfish boated or 
released.
    (7) The weight and length of each billfish brought ashore.
    (8) The name, address, and signature of the tournament director.
    (9) The date signed.

[[Page 14034]]

    (b) In addition to the information required to be reported by 
paragraph (a) of this section, the following information is desired, 
but is not mandatory:
    (1) Prevailing weather conditions on the day reported, such as wind 
speed and direction, and sea height and direction.
    (2) Whether a tag was attached before the billfish was released.
    5. Section 644.21 is amended by suspending paragraphs (a) and (d) 
and adding paragraph (e) effective from March 27, 1998 through 
September 23, 1998, to read as follows:


Sec. 644.21  Size limits.

* * * * *
    (e) 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--96 inches (244 cm)
(2) White marlin--66 inches (168 cm)
(3) Sailfish--57 inches (145 cm)

[FR Doc. 98-7629 Filed 3-23-98; 8:45 am]
BILLING CODE 3510-22-P