[Federal Register Volume 67, Number 174 (Monday, September 9, 2002)]
[Proposed Rules]
[Pages 57204-57207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22805]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 223 and 224

[I.D. 082902C]


Endangered and Threatened Wildlife and Plants; 12-Month Finding 
on a Petition To List the Atlantic White Marlin as Threatened or 
Endangered

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

ACTION:  Notice of petition finding and availability of a status review 
document.

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SUMMARY:  NMFS announces a 12-month finding on a petition to add the 
Atlantic white marlin (Tetrapturus albidus), throughout its known 
range, to the list of threatened and endangered wildlife and to 
designate critical habitat under the Endangered Species Act (ESA). 
Based on a review of the best available scientific and commercial 
information on the status of the species, NMFS finds that listing 
Atlantic white marlin is not warranted at this time. NMFS intends to 
add this species to its candidate species list and to reevaluate its 
status in 2007.

DATES:  The finding announced in this notice was made on September 3, 
2002.

ADDRESSES: Copies of the Atlantic white marlin status review document 
are available upon request from the Protected Resources Division, NMFS, 
9721 Executive Center Drive North, St. Petersburg, FL 33702. The status 
review is also available on the NMFS website at http://www.nmfs.noaa.gov.

FOR FURTHER INFORMATION CONTACT: David Bernhart, NMFS Southeast Region, 
727-570-5312, Jennifer Lee, NMFS Southeast Region, 301-713-2239, or 
David O'Brien, NMFS Office of Protected Resources, 301-713-1401.

SUPPLEMENTARY INFORMATION:

Background

    Pursuant to section 4(b)(3)(B) of the ESA (16 U.S.C. 1531 et seq.) 
for any petition to revise the List of Endangered or Threatened 
Wildlife and Plants which presents substantial scientific and 
commercial information, NMFS is required to make a finding within 12 
months of the date of receipt of the petition on whether the petitioned 
action is (a) not warranted, (b) warranted, or (c) warranted but 
precluded from immediate proposal by other pending proposals of higher 
priority. Such 12-month findings are to be published promptly in the 
Federal Register.
    On September 4, 2001, NMFS received a petition from the 
Biodiversity Legal Foundation and James R. Chambers requesting that 
NMFS list the Atlantic white marlin (Tetrapturus albidus) under the ESA 
as a threatened or endangered species throughout its range. The 
petition also requested that NMFS designate critical habitat for white 
marlin. The petition contained a detailed description of the species, 
including the present legal status; taxonomy and physical appearance; 
ecological and fisheries importance; distribution; physical and 
biological characteristics of its habitat and ecosystem relationships; 
population status and trends; and factors contributing to the 
population's decline. Potential threats identified in the petition 
included: (1) overutilization for commercial purposes; (2) inadequacy 
of existing regulatory mechanisms; (3) predation; and (4) other natural 
or man-made factors affecting the species' continued existence.
    On December 20, 2001 (66 FR 65676), NMFS announced a finding that 
the petition presented substantial scientific or commercial information 
indicating that the petitioned action may be warranted and initiated a 
formal white marlin status review, as required by section 4(b)(3)(A) of 
the ESA. Concurrently, NMFS solicited, through February 19, 2002, 
additional information and comment from the public on the historic and 
current abundance and distribution of white marlin, threats to white 
marlin, and ongoing conservation efforts for white marlin. NMFS 
received responses from the petitioner, the National Audobon Society, 
the Wildlife Conservation Society, the National Coalition for Marine 
Conservation, the Blue Water Fishermen's Association, the Billfish 
Foundation, the South Carolina Department of Natural Resources, and 10 
private citizens. Most of the comments were in response to NMFS' 
request for information on the status of white marlin. The status 
review document (SRT 2002) considers all new information contained in 
the comments. Some of the comments included expressions of support and 
disagreement with the appropriateness of reviewing white marlin for 
possible ESA listing, expressions of alarm at the potential effects of 
listing white marlin on commercial and recreational fishing interests, 
and recommended areas for fisheries closures. Additional comments and 
information were received during 11 public scoping meetings (67 FR 
39328, June 7, 2002) held in June 2002 by staff from the NMFS Southeast

[[Page 57205]]

Regional Office and the Office of Protected Resources. The status 
review document contains a summary of the comments received at those 
meetings.
    In order to conduct a comprehensive review of Atlantic white 
marlin, a status review team (SRT) was convened consisting of experts 
in pelagic fish biology, fisheries management, and fisheries stock 
assessment. The SRT was asked to assess the species status and the 
degree of threat to the species with regard to listing criteria 
provided by the ESA. The SRT prepared a document (SRT 2002) that is the 
basis for the following discussions. Copies of the status review are 
available upon request from the Protected Resources Division, NMFS (see 
ADDRESSES).

Life History

    Atlantic white marlin are found throughout tropical and temperate 
waters of the Atlantic Ocean and adjacent seas. Unlike blue marlin 
(Makaira nigricans) and sailfish (Istiophorus platypterus), white 
marlin occur only in the Atlantic Ocean. The Atlantic population is 
considered to be a single stock. White marlin spawn in tropical and 
subtropical waters in mid- to late spring, and enter colder temperate 
waters during the summer. They are considered to be very fast growing, 
and have a lifespan of at least 17 to 18 years. Female white marlin 
grow faster and reach a larger maximum size than males. Sexual maturity 
of females is reached at about 20 kg. Mature females probably spawn 
more than once a year, likely from March through June in the Northern 
Hemisphere. White marlin are generally considered piscivorous, but also 
have been known to consume squid. Likely predators of adults of the 
species are sharks and killer whales.

Fishery Landings and Management

    Atlantic billfish, including white marlin, have historically been 
landed as the incidental catch of foreign and domestic commercial 
pelagic longline and purse seine vessels, and in directed recreational 
and artisanal fisheries. The majority of billfish fishing mortality in 
the Atlantic Ocean results from pelagic longline fisheries. Total 
reported landings in the Atlantic for white marlin peaked in 1965 at 
4,911 metric tons (mt). Since the 1970s, catches have averaged 1,500 mt 
without trend while fishing effort has increased substantially. 
Combined U.S. commercial and recreational reported catches (landings 
plus dead discards) were 63 mt and 42 mt during 1999 and 2000, 
representing 5 and 4 percent, respectively, of the total reported 
Atlantic catch.
    White marlin are managed internationally by the member nations of 
the International Commission for the Conservation of Atlantic Tunas 
(ICCAT). By consensus, this group adopts binding recommendations to 
manage for maximum sustainable catch of the fish stocks under its 
purview. The U.S. participates in ICCAT-supported stock assessments for 
white marlin that utilize data from multiple fishing nations. These 
assessments are conducted by the Standing Committee for Research and 
Statistics (SCRS), a group of scientists from ICCAT member nations. The 
2000 SCRS assessment found that white marlin were overfished and 
undergoing overfishing. Subsequently, a binding recommendation to 
conserve white marlin was adopted by ICCAT in 2000 and went into effect 
mid-way through 2001, requiring nations to reduce white marlin landings 
by 67 percent.
    White marlin are managed domestically under Amendment One to the 
Billfish Fishery Management Plan (Billfish FMP) prepared under the dual 
authorities of the Magnuson-Stevens Fishery Conservation and Management 
Act and the Atlantic Tunas Convention Act. The Billfish FMP prohibits 
commercial possession of billfish and uses minimum size limits to 
reduce recreational landings of blue marlin and white marlin. Its 
objective is to end overfishing and rebuild the stocks. In addition, 
the FMP seeks to coordinate domestic regulations with international 
management measures to control stock-wide fishing mortality.

Status of Species

    The status of the Atlantic white marlin resource has been the 
subject of a number of quantitative assessments by the SCRS. The most 
recent assessments were conducted in 2000 and again in May 2002. Basic 
information available for conducting stock assessments includes time 
series of fishery landings and discards (for some fleet sectors, over 
varying periods of years) and trends in commercial and recreational 
catch per unit of effort as relative indices of stock abundance. Little 
is known about the age, growth and reproductive biology of white marlin 
and, with few exceptions, no quantitative estimates of population 
parameters for this species exist that can be used in stock 
assessments. Production models are the primary method used in the stock 
assessments to estimate population size, fishing mortality, and 
biological reference points.
    The SRT estimated that current white marlin population levels are 
at 5-15 percent of their historic levels; biomass is in long-term 
decline; and fishing mortality rates substantially exceed the level 
associated with maximum sustainable yield. The existing analyses are 
consistent with recent population sizes of about 200,000 individuals in 
the size range vulnerable to the fishery.
    To assess the available data on stock status for evidence of 
extinction risk, the SRT reviewed literature on extinction risk 
analysis and developed a list of population dynamics factors for 
consideration, specific to white marlin, including: (1) Decline in 
population, (2) Absolute population size, (3) Trends and variability in 
recruitment, (4) Spatial focusing, (5) Depensation considerations, and 
(6) Formal modeling of probability of extinction. The SRT used these 
extinction risk criteria, developed specifically for white marlin, in 
their evaluation of the five ESA listing factors (discussed below).
    The SRT characterized the white marlin's status based on decline in 
population (Factor 1) as on the borderline between ``vulnerable'' and 
``not at risk.'' The SRT found that the current estimates of absolute 
population size (Factor 2) are an order of magnitude greater than the 
level at which the SRT would be concerned about imminent extinction 
risk.
    Available evidence on recruitment (Factor 3) is limited and implies 
a declining trend, but it is not inconsistent with what would be 
expected based on the decline in biomass, nor does it suggest 
depensation (Factor 5)(i.e., when a stock becomes less, rather than 
more, able to replenish itself as stock size declines). White marlin 
have a broad geographic range and have shown no sign of range 
contraction despite a history of significant fishing, and there is no 
evidence to suggest special vulnerability of white marlin to spatial 
focusing (Factor 4) of fishing effort (i.e., when a fishery is able to 
focus ever more effective fishing effort on a stock as stock size 
declines).
    To look at future stock condition (Factor 6) and to gauge the 
effectiveness of various ICCAT management policies for conserving white 
marlin, the SRT considered population projections that estimated the 
probability of the stock declining to one percent of carrying capacity 
(K) or lower in the next 10 years. For white marlin, one percent of K 
was determined by the SRT to ``indicate a population with an ESA-level 
problem, without concluding at this time whether the 0.01K level would 
be most consistent with a vulnerable, threatened, or endangered level 
of risk.'' Because of the inherent limitations of

[[Page 57206]]

the production models that were the basis of the population 
projections, when applied over long periods of time, the SRT focused on 
a 10-year time horizon for their evaluations. The population 
projections indicate a low probability of the population declining to 
one percent of K over the next 10 years, except when constant catch 
scenarios or unreduced, or increasing, fishing mortality scenarios are 
used. Even under unreduced fishing mortality rates (i.e., assuming no 
reduction in fishing mortality as a result of the recent ICCAT 
recommendation to reduce landings by 67 percent), there is less than a 
10-percent chance in 5 years, and about a 20-percent chance in 10 
years, that the stock will reach one percent of K. The SRT found that 
current measures by ICCAT are not sufficient to prevent continued 
overfishing. Even with assumptions of full compliance with management 
measures, no post-release mortality, and no unreported fishing, the SRT 
concluded that the stock likely will continue to decline, but not 
necessarily to high-risk levels.

Threatening Factors Affecting Atlantic White Marlin

    Section 4(a)(1) of the ESA states that a species is endangered if 
any one or more of the following factors causes it to be in danger of 
extinction throughout all or a significant portion of its range: (A) 
The present or threatened destruction, modification, or curtailment of 
its habitat or range; (B) Overutilization for commercial, recreational, 
scientific, or educational purposes; (C) Disease or predation; (D) 
Inadequacy of existing regulatory mechanisms; or (E) Other natural or 
human-made factors affecting its continued existence. A threatened 
species is one that is likely to become endangered in the foreseeable 
future.
    The conclusions of the SRT relative to these five listing factors 
are as follows: (1) There is no evidence of range curtailment or 
habitat degradation to suggest that white marlin are at risk of 
extinction; (2) While overutilization is occurring and the Atlantic 
white marlin population is declining, the stock is not in danger of 
imminent extinction; (3) There is no evidence that competition, 
predation, or disease are affecting the Atlantic white marlin 
population in ways that would contribute to risk of extinction; (4) 
Since the U.S. currently accounts for approximately 5 percent of total 
reported catch of white marlin, domestic management measures including 
the Magnuson-Stevens Act, Atlantic Tunas Convention Act, and possibly 
the ESA are not adequate to protect this species from continued 
decline. Under current management measures adopted by ICCAT, presently 
the only forum in which effective cooperative management actions could 
be taken to reverse the white marlin's population decline, the stock 
will likely continue to decline, but not to high risk levels; and (5) 
No other natural or manmade factors affecting white marlin's continued 
existence were identified.
    NMFS has reviewed the status review document and affirms that it 
represents the best available scientific and commercial data on the 
status of Atlantic white marlin. NMFS generally accepts the analyses 
and conclusions of the SRT. The SRT, however, was pessimistic about the 
implementation of conservation measures for white marlin. As discussed 
below, conservation measures have already been implemented that NMFS 
believes will reduce white marlin mortality significantly. Regulatory 
mechanisms that are not currently in place were not considered in this 
listing determination.

Conservation Factors Affecting Atlantic White Marlin

    The most significant conservation factor affecting white marlin is 
ICCAT's binding recommendation, which was adopted in 2000 and became 
effective mid-way through 2001, that Contracting and Non-Contracting 
Parties, Entities and Fishing Entities reduce white marlin longline and 
purse seine landings by 67 percent. ICCAT recommendations are binding 
upon the parties to the international convention. Therefore, NMFS 
considers the recommendation to be a formalized conservation effort 
that has been implemented and will be effective, consistent with our 
draft policy for the evaluation of conservation efforts when making 
listing decisions (65 FR 37102, June 13, 2000). Because of the recent 
implementation of the recommendation and the usual time lags in 
compiling data from all parties' fishing fleets, no ICCAT data are yet 
available to quantify the effectiveness of this recommendation. The SRT 
expressed concern that the ICCAT recommendation would not be fully 
effective; that is, the 67 percent reduction in landings would not 
achieve a 67 percent reduction in white marlin mortality because of 
post-release mortality, non-compliance with ICCAT recommendations, and 
a significant level of illegal, unreported, and unregulated fishing. 
NMFS agrees that these factors will offset the conservation benefit of 
the ICCAT recommendation to an unknown degree, but NMFS believes that 
the effect of the binding recommendation will be to reduce white marlin 
mortality significantly. Several additional years of ICCAT data 
reporting will be needed to assess the actual reduction of mortality 
achieved by the latest recommendation, and ICCAT has mechanisms in 
place to make this evaluation. NMFS expects the SCRS will conduct 
another stock assessment for white marlin no later than 2006, and NMFS 
will work within ICCAT to ensure this result.
    Another conservation effort affecting white marlin is NMFS' final 
rule implementing pelagic longline fishery time/area closures in the 
Atlantic and Gulf of Mexico and live bait restrictions in the Gulf of 
Mexico (65 FR 47213, August 1, 2000). Preliminary data to evaluate the 
effect of these measures which were not available to the SRT show that 
dead discards of white marlin by U.S. pelagic longliners in the 
northwest Atlantic, Caribbean, and Gulf of Mexico were reduced by 61 
percent in 2001 compared to the average level of the three previous 
years. U.S. longliners are already prohibited from landing marlin, so 
the ICCAT recommendation to reduce landings does not affect the U.S. 
longline fleet. Although the U.S. catch of white marlin is small 
relative to the international fishing fleets, these domestic reductions 
in discards represent a conservation benefit in addition to those 
associated with the ICCAT landings reductions. NMFS will need to 
continue to monitor these discard rates for several years in order to 
judge the long-term effectiveness of the regulatory measures, but the 
initial signs are very encouraging.
    The SRT also commented negatively on ICCAT's resolve to adopt 
further management measures for white marlin a bycatch species in the 
immediate future. NMFS agrees with the SRT's basis of concern, but 
notes that over the past years the United States has moved forward on 
white marlin conservation at ICCAT and on actions to limit unregulated 
effort and has achieved increasing success. In any case, NMFS is not 
relying on the expectation of adoption of additional, future 
conservation measures for white marlin in making this listing 
determination but on the information on the stock's current status and 
the currently implemented conservation measures. NMFS will, however, 
continue to pursue additional conservation measures for white marlin 
internationally, through ICCAT, and will consider additional measures 
that could be implemented domestically, under existing legal 
authorities.

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Determination

    The ESA defines an endangered species as any species in danger of 
extinction throughout all or a significant portion of its range, and a 
threatened species as any species likely to become an endangered 
species within the foreseeable future throughout all or a significant 
portion of its range (16 U.S.C. 1532(6) and (20)). Section 4(b)(1) of 
the ESA requires that the listing determination be based solely on the 
best scientific and commercial data available, after conducting a 
review of the status of the species and after taking into account those 
efforts, if any, being made by any state or foreign nation to protect 
and conserve the species.
    After reviewing the best scientific and commercial information 
available and the effects of current conservation efforts, NMFS has 
determined that listing of Atlantic white marlin under the ESA is not 
warranted at this time. NMFS intends to add Atlantic white marlin to 
its list of ESA candidate species and reevaluate its status in 2007. If 
the 2007 status review indicates that ICCAT and U.S. management 
measures have been ineffective in reducing the fishing mortality rate, 
NMFS would likely propose to list this species under the ESA.

References

    White Marlin Status Review Team. 2002. Atlantic White Marlin Status 
Review Document. Report to National Marine Fisheries Service, Southeast 
Regional Office, September 3, 2002. 49 pp.

Authority

    The authority for this section is the ESA of 1973, as amended (16 
U.S.C. 1531 et seq.).

    Dated: September 3, 2002.
William T. Hogarth,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 02-22805 Filed 9-4-02; 1:52 pm]
BILLING CODE 3510-22-S