[Federal Register Volume 64, Number 211 (Tuesday, November 2, 1999)]
[Notices]
[Pages 59162-59163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28642]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 071698B]
RIN 0648-AJ67


Atlantic Highly Migratory Species (HMS) Fisheries; Supplementary 
Environmental Impact Statement; Notice of Intent

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

ACTION: Notice of intent (NOI) to prepare a Supplementary Environmental 
Impact Statement (SEIS) document.

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SUMMARY: NMFS announces its intent to prepare an SEIS to assess the 
impact on the natural and human environment of management strategies 
designed to reduce bycatch from pelagic longlines. The SEIS will 
examine time/area management alternatives available to NMFS to reduce 
the incidence of bycatch of undersized swordfish, Atlantic billfish, 
and other overfished HMS, as well as protected species (including sea 
turtles) by pelagic longlines fished along the Atlantic coastal waters 
of the United States. The purpose of this notice is to inform the 
interested public of the intent to prepare the SEIS document, and to 
announce the availability of a draft Technical Memorandum that provides 
background information on the materials and analytical methods used by 
NMFS in developing potential time/area closure fishery management 
alternatives to reduce bycatch from the U.S. Atlantic pelagic longline 
fishery.

ADDRESSES: Copies of the Highly Migratory Species Fishery Management 
Plan (HMS FMP), Amendment 1 of the Atlantic Billfish FMP, the final 
rule, supporting documents, and the HMS Time/Area draft Technical 
Memorandum can be obtained from Rebecca Lent, Chief, Highly Migratory 
Species Division, Office of Sustainable Fisheries, NMFS, 1315 East-West 
Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Buck Sutter, NMFS, (727) 570-5447, or 
Jill Stevenson, NMFS, (301) 713-2347.

SUPPLEMENTARY INFORMATION:

Background

    In a September 1997 Report to Congress, NMFS identified north 
Atlantic swordfish, Atlantic blue marlin and Atlantic white marlin as 
overfished; west Atlantic sailfish were included in the 1998 report. 
The HMS FMP and Amendment 1 of the Atlantic billfish FMP amendment, 
including final environmental impact statements (revised final SEIS for 
the Atlantic billfish amendment), were published in April, 1999, to 
comply with provisions of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) for fisheries identified as 
overfished. The final rule implementing actions included in these FMPs 
was published on May 28, 1999 (64 FR 29090). Among the fishery 
conservation and management measures contained within the HMS FMP and 
Atlantic billfish FMP amendment are actions specifically addressing 
bycatch concerns associated with HMS fisheries, as required under 
national standard 9. NMFS is also subject to other national and 
international requirements to minimize bycatch and bycatch mortality, 
most notably under the Marine Mammal Protection Act, the Endangered 
Species, and the Atlantic Tunas Convention Act, which provides 
authority to implement International Commission for the Conservation of 
Atlantic Tunas (ICCAT) recommendations.
    Complicating bycatch management of swordfish and Atlantic billfish 
is the highly migratory nature of these species, resulting in movement 
outside the U.S. Exclusive Economic Zone (EEZ) where they are available 
for capture by other countries. The United States accounts for 29 
percent of the north Atlantic swordfish quota (1997-1999) while 
Atlantic billfish mortality levels from all U.S. sources (commercial 
dead discards and recreational landings) during the 1990s averaged only 
5.2 percent for Atlantic blue marlin, 5.8 percent for white marlin, and 
6.6 percent of west Atlantic sailfish, relative to the total mortality 
as reported to ICCAT. It is important to note, however, that despite 
the highly migratory nature of these species, changes in fishing 
patterns or management measures that impact fishing mortality levels in 
a portion of their range may result in localized increases or decreases 
in abundance.
    Time/area closures have been utilized as a fishery management tool 
to reduce bycatch for several U.S. marine fisheries, including North 
Pacific fisheries (herring, crab and groundfish fisheries), the 
northeast groundfish gillnet fishery (through the Northeast

[[Page 59163]]

Multispecies FMP), and the bluefin tuna fishery off the coast of New 
Jersey during the month of June. In the case of billfish and undersized 
swordfish, time/area closures for the pelagic longline fishery appear 
to show promise as interaction with billfish and undersized swordfish 
bycatch tend to occur in discernable patterns.
    The draft HMS FMP and Atlantic billfish FMP amendment included a 
preferred alternative for time/area closure in the Florida Straits 
(26 deg. to 28 deg. N. lat., 78 deg. to 81 deg. W. long.) to pelagic 
longline fishing activity during the months of July, August, and 
September as part of a management strategy to reduce bycatch of 
undersized swordfish and Atlantic billfish. NMFS received many written 
and verbal comments on this proposed closure. The majority of comments 
received questioned the effectiveness of the Florida Straits closure 
based on the small size of the selected area relative to the range of 
the target species within the U.S. EEZ and Atlantic Ocean. In the final 
HMS FMP, NMFS agreed that this closure would likely be ineffective, and 
that NMFS would consider, under the framework provisions of the HMS 
FMP, a larger area or areas. Because of the potential magnitude of the 
economic and social impacts that would likely result from a more 
extensive time/area closure, NMFS delayed implementation until 
completion of further analyses and consultation with the Highly 
Migratory Species and Atlantic Billfish Advisory Panels (AP's).
    On June 10 and 11, 1999, NMFS met with the HMS and Billfish APs to 
discuss the issue of expanded time/area closures. NMFS has prepared a 
draft Technical Memorandum that provides a preliminary discussion of 
the information, methods, and procedures used to identify and analyze 
alternative time/area closures for U.S. pelagic longlines operating in 
the Atlantic Ocean. A copy of the HMS Time/Area Technical Memorandum is 
currently available (see ADDRESSES).

Management Measures Under Consideration

    NMFS will consider various spatial and temporal closures of waters 
along the continental U.S. Atlantic coast, including the Gulf of 
Mexico, to U.S. pelagic longlines. Analyses will likely be limited to 
areas generally within the U.S. EEZ where most of the incidental catch 
of species not sought occurs. It is anticipated that the spatial 
boundaries for time/area closures will follow specific latitudes or 
longitudes, as appropriate, to facilitate practical application of 
potential closures to both commercial vessels and enforcement entities. 
NMFS will also consider the impacts under various assumptions regarding 
displaced fishing effort, in order to fully evaluate environmental, 
social, economic and biological impacts of the alternatives.
    NMFS has determined that preparation of an SEIS is appropriate 
because of the potentially significant impact of regulations on the 
human environment. Based on discussions with the APs, NMFS is preparing 
a SEIS to fully assess potential impacts on the natural and human 
environment of various time/area closure alternatives to reduce bycatch 
of undersized swordfish, Atlantic billfish, other overfished or 
approaching overfished HMS, and protected species, from U.S. Atlantic 
pelagic longlines.

Timing of the Analysis and Tentative Decisionmaking Schedule

    The public will be provided ample opportunity for written and 
verbal comments following the publication of the proposed rule. NMFS 
anticipates that a proposed rule outlining a time/area fishery closure 
for pelagic longlines will be completed by mid-December, 1999, with a 
final rule completed by May 1, 2000.

    Dated: October 27, 1999.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 99-28642 Filed 11-1-99; 8:45 am]
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