[Federal Register Volume 64, Number 120 (Wednesday, June 23, 1999)]
[Notices]
[Pages 33468-33470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15875]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
I.D. 061699E


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: Notice of agency action.

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SUMMARY: NMFS, under the procedures of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), has designated 
the South Atlantic, Gulf of Mexico, and Caribbean Fishery Management 
Councils (Councils) as joint preparers of a new fishery management plan 
for the fisheries for dolphin, Coryphaena hippurus, and wahoo, 
Acanthocybium solandri (FMP), throughout their range in the exclusive 
economic zone (EEZ) of the Atlantic, Gulf of Mexico, and Caribbean Sea. 
NMFS has further designated the South Atlantic Fishery Management 
Council (South Atlantic Council) as the Council with the administrative 
lead in preparing and amending this new FMP. Under the new FMP, the 
three Councils would jointly set the population parameters (e.g., 
maximum sustainable yield (MSY)) for dolphin and wahoo. NMFS has 
encouraged the Councils to develop an FMP framework regulatory 
adjustment procedure that would provide authority for each of the three 
Councils to establish independently regulatory measures in its 
respective area of jurisdiction. The Mid-Atlantic and New England 
Fishery Management Councils indicated a preference not to manage the 
stocks directly, but to serve in an advisory capacity to the other 
Councils with joint FMP preparation and amendment responsibility.

FOR FURTHER INFORMATION CONTACT: Robert Sadler, 727-570-5305.

SUPPLEMENTARY INFORMATION: Currently, dolphin in the EEZ of the 
Atlantic Ocean, Gulf of Mexico, and Caribbean Sea is managed under the 
FMP for the Coastal Migratory Pelagic Resources of the Gulf of Mexico 
and South Atlantic (Coastal Pelagics FMP). Wahoo in the EEZ is 
currently not managed under any Federal FMP. The Gulf and South 
Atlantic Councils have joint responsibility for developing and amending 
the Coastal Pelagics FMP (managed species include king mackerel, 
Spanish mackerel, cero, cobia, dolphin, little tunny, and, in the Gulf 
of Mexico 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 and corresponding dolphin 
possession limits for those gears.
    Given 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 for dolphin and 
wahoo throughout their ranges. The South Atlantic Council believes that 
present fishery conditions require timely action to prevent overfishing 
and serious user group conflicts before they occur off the southern 
Atlantic states or elsewhere in the Atlantic EEZ. Consequently, the 
South Atlantic Council requested authorization under the Magnuson-
Stevens Act to develop an FMP that would provide comprehensive 
management and protection of dolphin and wahoo in the EEZ of the 
Atlantic, Gulf of Mexico, and Caribbean Sea. Inclusion of dolphin in 
the proposed dolphin/wahoo FMP would have required its removal from the 
Coastal Pelagics FMP by an amendment to that FMP.
    Under its request, the South Atlantic Council would have prepared 
the dolphin/wahoo FMP and subsequent amendments for submission to NMFS 
for review, approval, and implementation (as provided under section 
302(h) of the Magnuson-Stevens Act). This proposed scenario would have 
required Council adoption of the final FMP/amendment only by majority 
vote of the South Atlantic Council.
    On March 9, 1998 (63 FR 11422), and May 5, 1998 (63 FR 24774), NMFS 
published documents in the Federal Register affording opportunity for 
public comment on the South Atlantic Council's proposal. NMFS published 
the second document at the Gulf Council's request to allow more time 
for its membership to consider more fully the issues and impacts of the 
proposal.
    After considering the South Atlantic Council's request, and the 
public comment received, NMFS, acting on behalf of the Secretary of 
Commerce (Secretary) under the procedures of the Magnuson-Stevens Act, 
has designated the South Atlantic, Gulf of Mexico, and Caribbean 
Fishery Management Councils as joint preparers of a new FMP for the 
fisheries for dolphin and wahoo throughout their range in the EEZ of 
the Atlantic, Gulf of Mexico, and Caribbean Sea. NMFS has further 
designated the South Atlantic Council as the Council with the 
administrative lead in preparing and amending this new dolphin/wahoo 
FMP. Authority to designate a Council or Councils to prepare an FMP for 
fisheries that extend beyond one Council's geographical area of 
authority is granted to the Secretary under section 304(f) of the 
Magnuson-Stevens Act. That section further states that 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.
    Under this joint designation, the Gulf, Caribbean, and South 
Atlantic Councils will jointly set the population parameters for 
dolphin and wahoo, such as MSY, optimum yield, minimum stock size 
threshold, and maximum fishing mortality threshold; the South Atlantic 
Council will have the administrative lead in establishing these 
parameters. NMFS will encourage the Councils to develop jointly an FMP 
framework regulatory adjustment procedure that will provide authority 
for each Council to establish independently the regulatory measures in 
its respective area of jurisdiction. The Mid-Atlantic and New England 
Fishery Management Councils have indicated a preference not to manage 
directly, but to serve in an advisory capacity to the other Councils. 
It would be the responsibility of the South Atlantic Council to 
coordinate matters of international concern with the other Councils.
    Once completed, the dolphin/wahoo FMP or its amendments will be 
submitted for agency review, approval, and implementation, but only 
after approval by a majority of the voting members, present and voting, 
of the South Atlantic, Gulf, and Caribbean Councils. NMFS believes that 
this approach is the most expedient and practicable method to manage 
dolphin and wahoo effectively and equitably throughout their ranges. 
Managing these species throughout their ranges should facilitate 
maintaining populations at levels sufficient to produce MSY on a 
continuing basis, and ultimately optimize the socioeconomic benefits of 
the resource.
    NMFS' approval of the dolphin/wahoo FMP would require removal of 
dolphin from the Coastal Pelagics FMP.

Comments and Responses

    In total, 49 comments were received on the South Atlantic Council's 
original proposal to develop a dolphin/wahoo

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FMP. Comments were received from 9 recreational fishing organizations 
with 1 organization commenting twice; 4 commercial organizations or 
associations; 7 commercial businesses with 3 businesses commenting 
twice; 13 other individuals with one individual commenting twice; 3 
environmental organizations; 3 state agencies; and 3 Regional Fishery 
Management Councils with 2 Councils responding twice.
    Comments were diverse. Five commenters believed that no management 
was needed for dolphin and wahoo, and seven commenters suggested 
management options for dolphin and wahoo without indicating who should 
assume responsibility for that management. Designation of the South 
Atlantic Council as the lead council to develop the FMP was supported 
by 14 commenters, whereas 22 commenters suggested that management of 
dolphin and wahoo by NMFS Highly Migratory Species Division or through 
joint activities of the affected Regional Fishery Management Councils 
would be more appropriate.

Commercial Sector

    Comments: The majority of the commenters did not support the 
proposed designation of the South Atlantic Council as the lead Council 
to develop the dolphin/wahoo FMP and subsequent amendments, preferring 
management by NMFS' Highly Migratory Species Division (NMFS/HMSD) with 
the involvement of the International Commission for the Conservation of 
Atlantic Tunas (ICCAT) or, alternatively, a multi-Council dolphin/wahoo 
FMP with NMFS/HMSD and ICCAT involvement. A few commenters from the 
commercial sector recommended continued management of dolphin, with the 
inclusion of wahoo, under the Coastal Pelagics FMP. Most of the 
commercial sector commenters stated that the composition of the South 
Atlantic Council was unbalanced, with a membership that gave preference 
to the recreational sector. Thus, they were concerned that the 
commercial sector, especially pelagic longliners, would not be fairly 
represented during Council deliberations. Additionally, comments 
expressed concern about a lack of scientific data on which to base 
management decisions and urged NMFS or other management agencies, such 
as ICCAT, to begin collecting biological information on these species 
prior to developing an arguably unnecessary FMP.
    Response: NMFS agrees that only limited biological information 
exists for dolphin or wahoo and, thus, the status of the stocks are 
poorly known. However, this does not preclude NMFS and the Councils 
from taking necessary action to manage and conserve these resources, 
especially given the increasing fishing effort and landings for these 
species.
    NMFS disagrees with the comments alleging bias in the composition 
of the South Atlantic Council membership. In approving candidates for 
Council membership, the Secretary and his designees endeavor to balance 
equitably the representation of diverse user groups and resource 
managers. Any management measures developed under the dolphin/wahoo FMP 
and its amendments that NMFS approves would have to comply fully with 
the national standards, other provisions of the Magnuson-Stevens Act, 
and other applicable law.

Councils and States

    Comments: Both the Gulf and Caribbean Councils commented that they 
support development of a joint dolphin/wahoo FMP where the South 
Atlantic Council acts in an administrative lead capacity. The Gulf and 
Caribbean Councils requested the authority to manage unilaterally the 
dolphin and wahoo stocks occurring in their jurisdictional areas. Three 
South Atlantic states (North Carolina, Georgia, and Florida) submitted 
comments that supported the South Atlantic Council's FMP proposal. All 
of these commenters agreed that management is needed, particularly as a 
precautionary approach in the absence of definitive scientific 
information on the status of the stocks, to maintain healthy dolphin 
and wahoo stocks and to address fishery problems in a timely manner.
    Response: NMFS believes that a joint Council dolphin/wahoo FMP, 
with the South Atlantic Council assuming an administrative lead, is the 
most expedient and practicable method to manage dolphin and wahoo 
effectively and equitably throughout their ranges. Managing these 
species throughout their ranges should facilitate maintaining 
populations at levels sufficient to produce MSY on a continuing basis 
and optimize the socioeconomic benefits of the resource. NMFS 
encourages the development of an FMP framework procedure for regulatory 
adjustments that would grant authority to the Gulf, Caribbean, and 
South Atlantic Councils to develop and adopt management measures for 
dolphin and wahoo in their respective jurisdictional areas. Ultimately, 
the implementation of the dolphin/wahoo FMP is contingent upon NMFS' 
review and approval of the submitted proposed measures.

Conservation Organizations and Private Citizens

    Comments: Three conservation organizations supported the 
development of a dolphin/wahoo FMP by the South Atlantic Council 
because of concerns about significant increases in the fishing 
mortality on these species, thus threatening both the resource 
(localized depletions) and the fishery (user conflicts).
    Five commenters indicated that the responsibility to preserve 
dolphin and wahoo fisheries should be shared equitably by both 
recreational and commercial fishermen. Two individuals commented that 
both commercial harvest and fishing tournaments that target the largest 
fish, which usually are the most prolific spawners, should be 
controlled. These commenters recommended a variety of harvest 
restrictions (size limits, bag limits, and closed spawning seasons/
areas) to be equitably applied to both sectors.
    Response: Dolphin and wahoo may become depleted by intensive 
fishing pressure from all fishing sectors. NMFS believes that the most 
equitable approach to addressing these issues is through a new dolphin/
wahoo FMP developed jointly by the three Councils, with an 
administrative lead role for the South Atlantic Council. NMFS has 
encouraged the development of an FMP framework procedure that allows 
each Council to manage the fisheries in its respective jurisdictional 
area, consistent with the overall population parameters approved by all 
three Councils.

Recreational Sector

    Comments: All recreational fishing organizations supported the 
management of dolphin and wahoo resources, and several commented that, 
in the absence of reliable stock assessment information, a management 
program is needed as a precautionary approach to preserve and protect 
dolphin and wahoo stocks. One commenter preferred the development of 
separate FMPs for the Gulf of Mexico and Atlantic areas because of the 
differing fisheries between the regions and the differences in 
abundance of the stocks between regions.
    Some commenters expressed concern about commercial longline vessels 
turning to dolphin harvest to offset economic losses sustained from 
decreasing swordfish catches.
    Response: NMFS agrees that only limited biological information 
exists for dolphin or wahoo and, thus, the status of the stocks is 
poorly known. Therefore, NMFS encourages the development of a joint 
dolphin/wahoo

[[Page 33470]]

FMP where the Councils would provide equitable management that complies 
with the national standards and other applicable laws in their 
respective jurisdictional areas, while maintaining the regionwide 
population at levels sufficient to produce MSY on a continuing basis.

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

    Dated: June 17, 1999.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Services.
[FR Doc. 99-15875 Filed 6-17-99; 4:06 pm]
BILLING CODE 3510-22-F