[Federal Register Volume 66, Number 88 (Monday, May 7, 2001)]
[Proposed Rules]
[Pages 22994-22996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-11420]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

 50 CFR Part 635

[Docket No. 010319074-1104-02; I.D. 022201B]
RIN 0648-AP13


Atlantic Highly Migratory Species (HMS) Fisheries; Pelagic 
Longline Management

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

ACTION: Proposed rule; withdrawal.

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SUMMARY: NMFS withdraws its proposal to extend the closure of the 
Charleston Bump area to pelagic longline fishing

[[Page 22995]]

through May 31, 2001. Through a previously issued final rule, the 
Charleston Bump area remains closed to pelagic longline fishing 
annually from February 1 through April 30.

DATES: The proposed rule published on March 30, 2001 (66 FR 17389), is 
withdrawn as of May 2, 2001.

ADDRESSES: Copies of the Final Environmental Assessment and Regulatory 
Impact Review that accompany this notification of withdrawal can be 
obtained from Christopher Rogers, Acting Chief, Highly Migratory 
Species Management Division, Office of Sustainable Fisheries, NMFS, 
1315 East-West Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz, NMFS, at (301) 
713-2347 or by email at [email protected], or Jill 
Stevenson, NMFS-Southeast Regional Office at (727) 570-5447 or by email 
at [email protected].

SUPPLEMENTARY INFORMATION: A final rule (65 FR 47214, August 1, 2000) 
to implement a regulatory amendment to the Fishery Management Plan for 
Atlantic Tunas, Swordfish, and Sharks included a provision to close the 
Charleston Bump area to pelagic longline fishing on an annual basis 
from February 1 through April 30. NMFS subsequently delayed the 
effective date of the closed area for 2001 to March 1 to correct the 
coordinates of the closed areas and to distribute this information to 
affected fishermen and law enforcement (66 FR 8903, February 5, 2001). 
On March 30, 2001, NMFS proposed to extend the closure period of the 
Charleston Bump area through May 31, 2001 (66 FR 17389).
    The intent of the proposed action was 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. In a draft Environmental Assessment prepared in support of the 
proposed action, NMFS evaluated the costs and benefits of the extension 
consistent with the objectives of the final rule previously 
implementing the seasonal closure. The proposed action would not have 
affected the closure dates for the Charleston Bump area in future 
years. NMFS requested comments from the public and held a public 
hearing on April 3, 2001.
    NMFS received many comments on the proposed rule. Some of the 
comments supported the proposed rule and noticed the environmental 
benefits in terms of bycatch reduction. Other comments did not support 
the proposed rule and stated that the proposed extension would have 
little impact over the long-term to these fish on a stock-wide basis 
and that the extension has no scientific basis. NMFS also received 
comments stating that the extension should last through the month of 
June to recoup lost bycatch reduction benefits for the delay of the 
East Florida Coast closure as well as the delay of the Charleston Bump 
closure. Additional comments noted that NMFS' estimates of the number 
of vessels that fish in February in the Charleston Bump is high, 
especially for this year due to bad weather, and that fishermen should 
not be punished because NMFS made an error.
    NMFS also received comments regarding the economic impacts that the 
proposed extension could have on the fishermen and dealers in the 
Charleston Bump area. These comments included: fishermen fishing in the 
Charleston Bump in May and June target dolphin fish, not swordfish; 
dolphin fish fishing costs less (shorter leaders, no lightsticks, less 
bait, etc.) and, therefore, profits are higher in May than any other 
time of year; 25 percent of a fisherman's annual income is received in 
May; the Small Business Administration has declared South Carolina a 
disaster area due to the shrimp fishery failure and an extension would 
further exacerbate the problem for these communities; the short notice 
of the extension would not give fishermen sufficient time to adjust 
fishing patterns to minimize economic and social impacts; fishermen and 
dealers around both the Charleston Bump and East Florida Coast have 
been relying on and planning for the area to reopen on May 1 since the 
closure dates were announced last August; and recreational fishing is 
economically valuable to the communities and any reduction in longline 
bycatch could benefit the communities especially given the tournaments 
that open in May.
    NMFS also received miscellaneous comments that included: the 
comment period was too short given the length of a longline trip; U.S. 
fishermen already take voluntary action to reduce bycatch and 
additional regulations may have negative impacts in negotiating 
conservation measures internationally; if NMFS closes the Charleston 
Bump for an extended period, fishermen will be forced to fish offshore 
even if it is unsafe to do so; NMFS should evaluate the effectiveness 
of existing closures before proposing new ones; and NMFS needs to 
research and implement other methods of bycatch reduction and VMS.
    NMFS is concerned about bycatch and bycatch mortality in all 
Atlantic highly migratory species fisheries and will continue to 
evaluate existing bycatch reduction measures as well as pursue 
additional measures as necessary. However, due to the large economic 
impacts extending the closure could have, the short time period in 
which fishermen and dealers would have to adjust fishing patterns to 
avoid the Charleston Bump, and the fact that NMFS does not know at this 
time the actual impact on bycatch reduction of both the delay in the 
Charleston Bump and East Florida coast closures and the actual time/
area closures, NMFS has determined that extending the closure of the 
Charleston Bump area through May 31 is unwarranted.
    Additional analyses described in the final Environmental Assessment 
indicate that while effort in the Charleston Bump was low compared to 
past years, the fishermen who did fish in February caught slightly more 
billfish and sea turtles than the average. Thus, extending the closure 
could possibly regain some of the bycatch reductions that may have been 
lost due to the delay. However, the degree of bycatch reduction 
achieved by a May 2001 closure would not contribute significantly to 
bycatch reduction in the pelagic longline fishery beyond the immediate 
short-term; on the other hand, the economic impacts from this one-time 
extension could be very significant for fishermen, particularly in 
light of the August 1, 2000, final rule. In the August 1, 2000, final 
rule and its accompanying Final Supplemental Environmental Impact 
Statement, NMFS determined that it was not necessary to close the 
Charleston Bump in May in order to achieve the objectives of the final 
rule and reduce bycatch and bycatch reduction. Despite the delay in the 
closure of the Charleston Bump, because the objectives of the proposed 
rule were the same as the August 1, 2000, final rule, NMFS agrees with 
its earlier decision and feels it is necessary to wait until more data 
are gathered regarding the result of the existing closures and any 
bycatch reductions gained before adjusting the August 1, 2000, final 
rule any further.
    NMFS acknowledges that bycatch in the pelagic longline fishery is 
an international issue that requires international cooperation. The 
United States is working to develop international conservation measures 
and will continue to negotiate at the International Commission for the 
Conservation of Atlantic Tunas in support of U.S. fisheries, to the 
extent that their prosecution is consistent with U.S. domestic 
legislation. While NMFS is aware that the comment period for the 
proposed rule was shorter than 45 days,

[[Page 22996]]

the timing of the proposal required a short comment period in the event 
that final regulations and supporting documents needed to be prepared. 
Additionally, NMFS agrees that recreational fishing is economically 
valuable to communities; however, NMFS must manage fisheries consistent 
with the Magnuson-Stevens Fishery Conservation and Management Act and 
its implementing guidelines, which require consideration of traditional 
fisheries. Safety is the responsibility of each fisherman. While NMFS 
works to reduce safety concerns related to regulatory actions, 
fishermen should account for the distance from shore if an area is 
closed and they redistribute their fishing effort.

Withdrawal of Proposed Rule

    Accordingly, for the reasons stated in the preamble, the proposed 
rule that was published in the Federal Register on March 30, 2001 (66 
FR 17389) is withdrawn.

    Dated: May 1, 2001.
John Oliver,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 01-11420 Filed 5-2-01; 4:25 pm]
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