[Federal Register Volume 67, Number 225 (Thursday, November 21, 2002)]
[Notices]
[Pages 70214-70215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29685]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 110802D]


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: Dolphin and wahoo fishery of the U.S. Atlantic coast; request 
for public comments.

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SUMMARY: On June 23, 1999, NMFS, under authority granted to the 
Secretary of Commerce (Secretary) under the Magnuson-Stevens Fishery 
Conservation and Management Act, designated the South Atlantic Fishery 
Management Council (SAFMC) as the council with the administrative lead 
in jointly preparing and amending a dolphin, Coryphaena hippurus, and 
wahoo, Acanthocybium solanderi, Fishery Management Plan (FMP) with the 
Gulf of Mexico (GMFMC) and Caribbean (CFMC) Fishery Management 
Councils. The New England (NEFMC) and Mid-Atlantic (MAFMC) Fishery 
Management Councils already indicated their preference not to manage 
the stocks directly in their area of jurisdiction, but to limit their 
participation in such an FMP to an advisory capacity to the SAFMC.
    Because of continued logistic delays in finalizing and implementing 
the jointly developed dolphin and wahoo FMP, and because of identified 
problems specific to the fishery in the SAFMC's area of jurisdiction 
(the US. Atlantic coast), on July 16, 2002, the SAFMC requested that 
the Secretary allow the SAFMC to withdraw from joint preparation of a 
dolphin and wahoo FMP, and that the Secretary re-designate the SAFMC as 
lead for a dolphin and wahoo FMP encompassing only the U.S. Atlantic 
coast (i.e. excluding the Gulf of Mexico and U.S. Caribbean regions).
    Public comments are solicited concerning the SAFMC's request.

DATES: Comments must be received no later than 4:30 p.m., eastern 
standard time, on December 23, 2002.

ADDRESSES: Written comments should be sent to Rolland Schmitten, Acting 
Regional Administrator, Southeast Region, NMFS, 9721 Executive Center 
Drive N., St. Petersburg, FL 33702. Comments also may be sent via fax 
to 727-570-5583. Comments will not be accepted if submitted via e-mail 
or Internet.

FOR FURTHER INFORMATION CONTACT: Dr. Steve Branstetter, 727-570-5305.

SUPPLEMENTARY INFORMATION: On September 15, 1997, the SAFMC requested 
that the Secretary designate the SAFMC as lead Council to develop a 
fishery management plan for dolphin and wahoo. On March 9, 1998, (63 FR 
11422) and May 5, 1998, (63 FR 24774), NMFS, on behalf of the 
Secretary, published notices in the Federal Register requesting public 
comment on the SAFMC's proposal to develop a joint dolphin and wahoo 
FMP. After considering the SAFMC's request and the public comment 
received, NMFS designated the SAFMC as the council with the 
administrative lead in jointly preparing and amending a dolphin and 
wahoo FMP with the GMFMC and CFMC (64 FR 33468).
    The SAFMC's 1997 request to initiate development of a dolphin and 
wahoo FMP was prompted by public and

[[Page 70215]]

Congressional concerns regarding possible localized reductions of these 
two species because of increased harvesting by commercial and 
recreational fishermen. The SAFMC believed that an FMP was necessary to 
protect and manage dolphin and wahoo resources and to address user 
group conflicts. The Magnuson-Stevens Act requires that, to the extent 
practicable, stocks shall be managed throughout their range. In the 
case of dolphin and wahoo, the ranges of these stocks extend beyond the 
SAFMC's area of jurisdiction. For this reason, NMFS initially 
designated the SAFMC as administrative lead in the development of a 
joint FMP in cooperation with the GMFMC, CFMC, NEFMC, and MAFMC.
    Nevertheless, the National Standard Guidelines (50 CFR 600.320) 
suggest that alternative management units may be justified if 
complementary management is planned for other geographic areas or if 
the unmanaged portion of the stocks are immaterial to proper management 
within the area under consideration for the alternate management unit, 
especially if designated alternate management units are specifically 
relevant to the FMP's objectives.
    In the case of the dolphin and wahoo FMP, social and economic 
issues are identified as the SAFMC's primary objectives in the FMP. The 
proposed FMP is not attempting to rectify a biological problem with the 
stocks; neither stock is overfished nor approaching an overfished 
condition because of overfishing. The SAFMC has specific objectives to: 
(1) reduce localized reductions in fish abundance, which can have 
economic and social impacts; (2) minimize market disruptions from 
intense landings by all sectors; (3) minimize conflicts and competition 
between recreational and commercial user groups; and (4) optimize 
social and economic benefits by recognizing and maintaining the 
historical importance of the recreational fishery.
    No similar economic and social issues requiring management have 
been identified for the Gulf of Mexico and Caribbean areas. In the Gulf 
of Mexico, about 90 percent of the combined dolphin and wahoo 
commercial and recreational landings are from the west coast of 
Florida. Of the two species, dolphin dominate the landings, and Florida 
has regulations in place that restrict the commercial harvest of 
dolphin to hook-and-line fishing in state waters (where most of the 
harvest occurs), thus limiting the potential for user group conflicts. 
Similarly, catches and landings for both dolphin and wahoo in the 
Caribbean are minimal compared to the catches in the other areas, and 
in many instances, the catches are incidental to the catch of targeted 
species such as billfishes. Therefore, because of anticipated delays in 
finalizing a joint FMP, which could lead to exacerbated user conflicts 
in the South Atlantic's area of jurisdiction (U.S. Atlantic coast), 
NMFS finds merit in the SAFMC's request to forego further development 
of a joint FMP, and to develop an FMP for the U.S. Atlantic coast.
    Inclusion of dolphin in the proposed FMP also would require removal 
of the U.S. Atlantic Ocean component of the dolphin stock from 
management in the Coastal Migratory Pelagics (CMP) FMP. The CMP FMP is 
implemented under authority of the Magnuson-Stevens Act by regulations 
at 50 CFR part 622. The CMP FMP is a joint plan involving both the 
GMFMC and SAFMC, and species in the fishery include king mackerel, 
Spanish mackerel, cero, cobia, dolphin, little tunny, and in the Gulf 
only, bluefish. Presently, the only regulations in the CMP FMP that 
pertain to dolphin are those that specify authorized fishing gears in 
the Atlantic and Gulf of Mexico exclusive economic zone. Removal of the 
U.S. Atlantic component of the dolphin stock from the CMP FMP would 
require a plan amendment and would have to be approved by a majority of 
the voting members, present and voting, of both the SAFMC and GMFMC. 
Wahoo in the Atlantic, the Gulf of Mexico, and Caribbean Sea, is not 
included in any Federal FMP.
    NMFS requests public comments on the South Atlantic Council's 
proposal to be designated as the lead Council to prepare a new FMP to 
manage dolphin and wahoo for the U.S. Atlantic coast. Written comments 
will be reviewed and considered prior to NMFS' decision on this 
request.

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

    Dated: November 15, 2002.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 02-29685 Filed 11-20-02; 8:45 am]
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