[Federal Register Volume 66, Number 62 (Friday, March 30, 2001)]
[Proposed Rules]
[Pages 17389-17391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7830]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 010319074-1074-01; I.D. 022201B]
RIN 0648-AP13


Atlantic Highly Migratory Species; Pelagic Longline Management

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to extend the closure for pelagic longline 
fishing within the Charleston Bump area through May 31, 2001. The 
intent of the proposed action, consistent with the final rule 
implementing the closure, is to partially recover environmental 
benefits in terms of bycatch reduction that were likely lost when the 
closure was delayed from February 1, 2001, until March 1, 2001. This 
proposed action would not affect the closure dates for this area in 
future years.

DATES: Comments must be received at the appropriate address or fax 
number (see ADDRESSES) no later than 5 p.m., eastern standard time, on 
April 9, 2001. A public hearing on this proposed rule will be held on 
Tuesday, April 3, 2001, from 7 to 10 pm in Silver Spring, MD.

ADDRESSES: Written comments on the proposed rule should be submitted to 
Christopher Rogers, Acting Chief, Highly Migratory Species (HMS) 
Management Division (SF/1), Office of Sustainable Fisheries, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910. Comments also may be sent 
via facsimile (fax) to 301-713-1917. Comments will not be accepted if 
submitted via e-mail or Internet.
    The location of the public hearing is: NOAA Science Center, 1301 
East West Highway, Silver Spring, MD, 20910.
    For copies of the draft Environmental Assessment/Regulatory Impact 
Review/Initial Regulatory Flexibility Analysis (EA/RIR/IRFA), contact 
Karyl Brewster-Geisz at 301-713-2347 or write to Christopher Rogers.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz at 301-713-2347, 
fax 301-713-1917, e-mail [email protected].

SUPPLEMENTARY INFORMATION: The Atlantic swordfish and tuna fisheries 
are managed under the authority of the Magnuson-Stevens Fishery

[[Page 17390]]

Conservation and Management Act (Magnuson-Stevens Act) and the Atlantic 
Tunas Convention Act (ATCA). The Fishery Management Plan for Atlantic 
Tunas, Swordfish, and Sharks (HMS FMP) is implemented by regulations at 
50 CFR part 635. The Atlantic pelagic longline fishery is also subject 
to the requirements of the Endangered Species Act, the Marine Mammal 
Protection Act, and the National Plan of Action for Reducing the 
Incidental Catch of Seabirds in Longline Fisheries because of 
documented interactions with sea turtles, marine mammals, and sea 
birds.

Pelagic Longline Fishery

    Pelagic longline gear is the dominant commercial fishing gear used 
by U.S. fishermen in the Atlantic Ocean to target highly migratory 
species. The gear consists of a mainline, often many miles in length, 
suspended in the water column by floats and from which baited hooks are 
attached on leaders (gangions). Though not completely selective, 
longline gear can be modified (e.g., gear configuration, hook depth, 
timing of sets) to target preferentially yellowfin tuna, bigeye tuna, 
or swordfish.
    Observer data and vessel logbooks indicate that pelagic longline 
fishing for Atlantic swordfish and tunas results in the catch of non-
target finfish species (including bluefin tuna, billfish, and 
undersized swordfish) and protected species, including endangered sea 
turtles. Also, pelagic longline gear incidentally hooks marine mammals 
and sea birds during tuna and swordfish operations. The bycatch of 
animals that are hooked but not retained due to economic or regulatory 
factors contributes to overall fishing mortality. Such bycatch 
mortality may significantly impair the rebuilding of overfished finfish 
stocks or the recovery of protected species.

Bycatch Reduction Strategy

    Atlantic blue marlin, white marlin, sailfish, bluefin tuna, and 
swordfish are considered overfished. In the HMS Fishery Management Plan 
(FMP) and Amendment 1 to the Atlantic Billfish FMP (Billfish 
Amendment), NMFS adopted a strategy for rebuilding these stocks through 
international cooperation at the International Commission for the 
Conservation of Atlantic Tunas (ICCAT). This strategy primarily 
involves reducing fishing mortality through the negotiation of country-
specific catch quotas according to rebuilding schedules. The 
contribution of bycatch to total fishing mortality must be considered 
in the HMS fisheries, and accordingly ICCAT catch quotas for some 
species require that countries account for dead discards. The swordfish 
rebuilding plan that was adopted by ICCAT at its 1999 meeting provides 
added incentive for the United States to reduce swordfish discards. 
Additionally, Magnuson-Stevens Act national standard 9 for fishery 
management plans requires U.S. action to minimize bycatch and bycatch 
mortality to the extent practicable.
    On August 1, 2000, NMFS published a final rule (65 FR 47214) to 
reduce bycatch, bycatch mortality, and incidental catch in the pelagic 
longline fishery. This final rule included three time/area closures 
within the U.S. Economic Exclusive Zone (EEZ): DeSoto Canyon, East 
Florida Coast, and Charleston Bump. Given the multi-objective approach 
taken to address bycatch in this fishery, these closures were 
established for different lengths of time and became effective at 
different times. Before the East Florida Coast and Charleston Bump 
closures were effective, NMFS became aware that the boundaries for 
these areas, as defined in the final rule, erroneously included areas 
outside the U.S. EEZ. On February 5, 2001, NMFS published a technical 
amendment (66 FR 8903) that corrected the boundaries for these areas 
and, to allow for public notice, delayed the beginning of the closures 
for East Florida Coast and the Charleston Bump until March 1, 2001. 
Since then, NMFS has received several comments noting that the delay in 
implementing the Charleston Bump closure would significantly reduce the 
bycatch reduction benefits expected from that closure in 2001 because 
one third of the annual closure period was lost due to the delay.

Bycatch Reduction Alternatives

    NMFS considered three alternative actions to partially recover 
environmental benefits likely lost due to the delay of the closure from 
February 1, 2001, to March 1, 2001: status quo (end the Charleston Bump 
closure on April 30); extend the Charleston Bump closure for 2001 
through May 31; and extend the Charleston Bump closure for 2001 through 
June 30.
    NMFS rejected the status quo because the available data indicated 
environmental benefits could be regained while maintaining consistency 
with the objectives of the August 1, 2000, final rule. Logbook records 
from 1995 through 1998 show that on average 270 swordfish, 20 tunas 
other than bluefin, 2 blue marlins, 2 white marlins, 250 pelagic 
sharks, and 186 large coastal sharks are discarded each year in 
February. Logbooks also indicate that on average 126 swordfish, 6 tunas 
other than bluefin, 8 blue marlin, 6 sailfish, 15 white marlin, 55 
pelagic sharks, and 160 large coastal sharks are discarded in the 
Charleston Bump in May. Thus, closing the Charleston Bump in May could 
regain almost half of the expected reductions in swordfish discards and 
most of the expected reductions in large coastal shark discards. 
Additionally, logbook records show that in May an additional 6 blue 
marlin, 5 sailfish, and 12 white marlin are discarded on average in the 
Charleston Bump compared to average discards in February. Thus, this 
closure could be beneficial to billfish. Logbook records also indicate 
that closing the Charleston Bump through June 2001 could also have a 
positive environmental impact and regain almost all the expected 
reductions in swordfish discards and result in greater reductions in 
discards of billfish, bluefin tuna, large coastal sharks, and sea 
turtles than expected to occur in February.
    NMFS estimates that closing the Charleston Bump in May, 2001, could 
reduce the average annual net revenues of the 20 vessels fishing in the 
area in the past during that time by $9,544 and could reduce the 
average annual total gross revenue for those vessels by $281,821. 
Dealers that rely on fishermen who use pelagic longline gear and who 
have fished in the Charleston Bump area could buy approximately the 
same weight of fish as they have in previous years. The actual economic 
impact depends on the value of the fish bought. If the Charleston Bump 
is closed for both May and June, the average net annual revenues lost 
to fishermen could increase to $25,207 and the total gross revenues 
lost could increase to $742,087. Under the status quo, fishermen and 
dealers actually receive more revenues than expected in the August 1, 
2000, final rule because the area was not closed in February, 2001, as 
originally intended.

Summary

    NMFS proposes to extend the closure for the Charleston Bump area in 
the year 2001 through May 31. In subsequent years, the Charleston Bump 
would be closed from February 1 through April 30 as described in the 
August 1, 2000, final rule. NMFS specifically requests public comment 
on the impacts of extending the Charleston Bump closure through May 
2001, both in terms of environmental benefits and costs to fishermen 
and dealers.

[[Page 17391]]

Classification

    This proposed rule is published under the authority of the 
Magnuson-Stevens Act, 16 U.S.C. 1801 et seq., and ATCA, 16 U.S.C. 971 
et seq.
    NMFS has prepared an IRFA as required by the Regulatory Flexibility 
Act. As of October 2000, there were 443 directed and incidental 
swordfish permit holders under the limited access system. This number 
probably represents the number of active pelagic longline vessels in 
the fleet since most pelagic longline fishermen land swordfish along 
with other species. This proposed rule applies to all of these permit 
holders; however, in 1999, an average of only 20 vessels per month 
actually reported landings of fish harvested from the Charleston Bump 
area from February through June.
    NMFS considered three alternative actions to regain, in 2001, a 
portion of the environmental benefits likely lost due to the delay of 
the closure for the month of February: status quo; extend the 
Charleston Bump closure through May 31; and extend the Charleston Bump 
closure through June 30. NMFS found that under status quo, the average 
permit holder may have earned $9,230 in net revenues, before payments 
to the captain and crew, more than originally expected due to the delay 
in effective date. Although the status quo alternative has minimal 
economic costs and a number of economic benefits, this alternative is 
not consistent with the objectives of the August 1, 2000, final rule to 
reduce bycatch in the Atlantic pelagic longline fishery and it does not 
regain any of the environmental benefits that may have been lost due to 
the delay in effective date.
    NMFS found that fishing for HMS with pelagic longline gear in the 
Charleston Bump tends to be more profitable in May than in February. As 
a result, under the proposed alternative, permit holders could lose an 
average of $9,544 each after considering the February earnings that 
could have accrued due to the delay. However, this alternative is 
consistent with the objectives of the August 1, 2000, final rule to 
reduce bycatch in the Atlantic pelagic longline fishery and it does 
regain some of the environmental benefits that may have been lost due 
to the delay in effective date.
    If the Charleston Bump is closed in May and June, permit holders 
could lose an average of $25,207 each after considering the February 
earnings that could have accrued due to the delay. Although this 
alternative could recover all of the environmental benefits likely lost 
due to the delay in effective date, this alternative has a large 
economic impact and was not selected because it would be inconsistent 
with the multi-objective approach previously adapted in the August 1, 
2000, final rule.
    All of the economic impacts discussed here would occur only in the 
year 2001. The RIR/IRFA provides further discussion of the economic 
effects of all the alternatives considered.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Statistics, Treaties.

    Dated: March 26, 2001.
William T. Hogarth,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.

    For the reasons set out in the preamble, 50 CFR part 635, is 
proposed to be amended as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

    1. The authority citation for part 635 continues to read as 
follows:

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

    2. In Sec.  635.21, paragraph (c)(2)(ii) is revised to read as 
follows:


Sec.  635.21  Gear operation and deployment restrictions.

* * * * *
    (c) * * *
    (2) * * *
    (ii) In the Charleston Bump closed area from March 1 through May 
31, 2001, and from February 1 through April 30 each calendar year 
thereafter;
* * * * *
[FR Doc. 01-7830 Filed 3-26-01; 5:05 pm]
BILLING CODE 3510-22-S