[Federal Register Volume 68, Number 19 (Wednesday, January 29, 2003)]
[Notices]
[Pages 4447-4449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2030]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 011403A]


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: Notice of agency action.

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SUMMARY: NMFS, under authority granted to the Secretary of Commerce 
(Secretary) under section 304(f) of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), has re-
designated the South Atlantic Fishery Management Council (SAFMC) as the 
lead council to develop a dolphin (Coryphaena hippurus and C. 
equiselis), and wahoo (Acanthocybium solanderi), fishery management 
plan (FMP) in the exclusive economic zone (EEZ) for the U.S. Atlantic 
coast.

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

SUPPLEMENTARY INFORMATION: Currently, dolphin in the EEZ of the South 
Atlantic and Gulf of Mexico is managed under the FMP for the Coastal 
Migratory Pelagic Resources of the Gulf of Mexico and South Atlantic 
(Coastal Pelagics FMP). Wahoo in the EEZ is currently not managed under 
any Federal FMP. The Gulf of Mexico Fishery Management Council (GMFMC) 
and SAFMC have joint responsibility for developing and amending the 
Coastal Pelagics FMP (managed species include king mackerel, Spanish 
mackerel, cero, cobia, dolphin, little tunny, and bluefish in the Gulf 
of Mexico). The Coastal Pelagics FMP is implemented under authority of 
the Magnuson-Stevens Act by regulations at 50 CFR part 622. Presently, 
those regulations specify authorized fishing gears for dolphin.
    Given the increasing fishing pressure on dolphin and wahoo, and the 
sparse information available on stock structure and status, the SAFMC 
perceived a need to provide management for dolphin and wahoo resources 
throughout their ranges. The SAFMC believed that present fishery 
conditions required timely action to prevent localized reductions in 
fish abundance due to heavy fishing pressure and serious user group 
conflicts before they occurred off the southern Atlantic states or 
elsewhere in the Atlantic EEZ. Consequently, on September 15, 1997, the 
SAFMC requested authorization under the Magnuson-Stevens Act to develop 
an FMP that would provide comprehensive management and protection of 
dolphin and wahoo in the EEZ of the Atlantic, Gulf of Mexico, and 
Caribbean Sea.
    On March 9, 1998 (63 FR 11422), and May 5, 1998 (63 FR 24774), NMFS 
published documents in the Federal Register requesting public comment 
on the SAFMC proposal. After considering the SAFMC request, and the 
public comment received, NMFS, acting on behalf of the Secretary under 
the procedures of the Magnuson-Stevens Act, designated the SAFMC, 
GMFMC, and Caribbean Fishery Management Council (CFMC) as joint 
preparers of a new FMP for the fisheries for dolphin and wahoo 
throughout their range in the EEZ of the Atlantic, Gulf of Mexico, and 
Caribbean Sea, with the Mid-Atlantic Fishery Management Council (MAFMC) 
and New England Fishery Management Council (NEFMC) serving in an 
advisory capacity to the other Councils. Authority to designate a 
Council or Councils to prepare an FMP for fisheries that extend beyond 
one Council's geographical area of authority is granted to the 
Secretary under section 304(f) of the Magnuson-Stevens Act.
    Subsequently, on July 16, 2002, the SAFMC requested that the 
Secretary allow the SAFMC to withdraw from further action to prepare a 
joint FMP. The SAFMC further requested that the Secretary re-designate 
the SAFMC as true lead for an FMP encompassing only the U.S. Atlantic 
coast, and excluding the Gulf of Mexico and U.S. Caribbean regions. The 
SAFMC submitted this request because of continued logistic delays in 
finalizing and implementing the jointly developed FMP. The SAFMC was 
concerned that these delays could exacerbate identified user conflicts 
specific to the fishery along the Atlantic coast.
    NMFS, on behalf of the Secretary, responded to the Council in a 
letter dated October 9, 2002, indicating that the agency found merit 
with the SAFMC's proposal. NMFS still believes that a jointly developed 
FMP would best meet Magnuson-Stevens Act requirements to manage stocks 
throughout their ranges. Nevertheless, NMFS also recognizes that the 
National Standard Guidelines (NSG), at 50 CFR 600.320, suggest that 
more restrictive alternative management units may be justified if 
complementary management is planned for other geographic areas or if 
the unmanaged portions 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 
SAFMC 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) minimize the potential for 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 by the GMFMC or CFMC for their respective areas of 
jurisdiction. In the Gulf of Mexico, about 90 percent of

[[Page 4448]]

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, NMFS sought comment on the SAFMC proposal from the 
affected Councils and the general public. In letters to the GMFMC, 
CFMC, MAFMC, and NEFMC, dated October 22, 2002, NMFS presented the 
SAFMC proposal and NMFS' reasons, outlined above, for supporting the 
proposal. Three of the four Councils responded in support the SAFMC 
proposal; the fourth Council did not respond. Additionally, NMFS 
published a Federal Register notice (67 FR 70214, November 21, 2002) 
seeking public comment on the SAFMC proposal. Eleven letters of comment 
were received from the public (see Comments and Responses below).
    Based on responses from the other affected Councils and public 
comment, NMFS, on behalf of the Secretary, under the procedures of the 
Magnuson-Stevens Act, has designated the SAFMC as the lead Council to 
develop an FMP for the fisheries for dolphin and wahoo in the U.S. 
Atlantic EEZ. Under this designation the MAFMC and NEFMC would continue 
to serve in an advisory capacity to the SAFMC. Once completed, the 
dolphin/wahoo FMP or subsequent amendments would be submitted for 
Secretarial review, approval, and implementation.
    Additionally, it will be necessary to remove 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 bluefish in the Gulf of Mexico. 
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 EEZ. 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.

Comments and Responses

    In addition to three letters in support of the SAFMC proposal from 
Councils, eleven letters of comment were received from the public. Four 
letters commented only on specific management actions that have been 
proposed by SAFMC and three letters based their comments on the 
proposed re-designation by questioning the appropriateness of the 
SAFMC's proposed management actions. NMFS appreciates the input of 
these informed fishery participants regarding proposed management 
actions for the dolphin and wahoo fisheries. Nevertheless, comments on 
the proposed management measures are beyond the scope of this request 
for comments, and are not addressed here. When the SAFMC submits the 
FMP for the dolphin and wahoo fisheries for review by the Secretary, 
NMFS will provide the public with the opportunity to comment on the 
proposed management actions.
    Comment 1: One comment supported the designation of the U.S. 
Atlantic coast as a justified alternate management unit. Given that the 
proposed FMP for the dolphin and wahoo fisheries is not designed to 
control fishing mortality but to maintain status quo in a healthy 
fishery, fishing on the unmanaged portion of the stock in the Gulf of 
Mexico and Caribbean regions will not materially effect the SAFMC 
goals.
    Response: NMFS still believes that a jointly developed FMP would 
best meet Magnuson-Stevens Act requirements to manage stocks throughout 
their ranges. Nevertheless, NMFS recognizes that the NSGs allow for 
alternative management units, encompassing a portion of the range of 
the stocks, if complementary management is planned for other geographic 
areas or if the unmanaged portions 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. No similar economic and social 
issues requiring management have been identified by the GMFMC or CFMC 
for their respective areas of jurisdiction. Therefore, NMFS, on behalf 
of the Secretary, is approving the SAFMC request.
    Comment 2: One commenter opposed the SAFMC request to manage beyond 
their specific area of jurisdiction (North Carolina to the Florida 
Keys) to include the entire U.S. Atlantic coast.
    Response: Under the existing designation by the Secretary (64 FR 
33468, June 23, 1999) to develop a joint FMP, the SAFMC already has the 
authority to manage these stocks in the U.S. Atlantic region. The MAFMC 
and NEFMC agreed not to manage the stocks directly, but to serve in an 
advisory capacity to the SAFMC. Thus, designating the SAFMC to develop 
an FMP for dolphin and wahoo fisheries along the U.S. Atlantic coast 
does not alter the existing range of the SAFMC jurisdiction for these 
fisheries, nor the ability to establish management measures for that 
specific region.
    Comment 3: Six comments were received suggesting that the SAFMC's 
membership gives preference to the recreational sector, and without 
representation of the commercial pelagic longline fishery, the SAFMC 
would not manage the dolphin and wahoo stocks fairly and equitably 
among all fishing sectors. To best address management of these species 
that have distributions extending beyond any one Council's geographical 
area of authority, dolphin and wahoo should be managed as highly 
migratory species (HMS) by NMFS in conjunction with the International 
Commission for the Conservation of Atlantic Tunas and all the affected 
Councils. If NMFS does not assume authority to manage these species as 
HMS, the current five-council process should be maintained to ensure 
fair and equitable management throughout the range of the stocks.
    Response: NMFS disagrees with the comments alleging bias in the 
composition and position of the South Atlantic Council membership. In 
approving candidates for Council membership, the Secretary and his 
designees endeavor to balance equitably the representation of diverse 
user groups and resource managers.
    As for ensuring fair and equitable management, it is NMFS' 
responsibility to ensure that any management measures developed under 
an FMP and its amendments comply fully with the national standards, 
other provisions of the Magnuson-Stevens Act, and other applicable law 
before these measures would be approved and implemented.
    Additionally, some of these commenters appeared to misunderstand 
the existing June 23, 1999, designation by the Secretary (64 FR 33468) 
to develop a joint FMP. It is true that the FMP would have needed 
approval by a majority of the voting members, present

[[Page 4449]]

and voting, of the SAFMC, GMFMC, and CFMC. However, each Council would 
thereafter have the authority to establish independently the 
regulations pertaining to the fisheries in its respective area of 
jurisdiction. Therefore, except for initially approving the FMP as a 
whole, the Councils would not be at liberty to oppose a management 
action that did not affect their respective region. For example, in the 
most recent draft of the joint FMP, the SAFMC proposed a size limit for 
dolphin along the U.S. Atlantic coast, but the GMFMC and CFMC did not 
establish a size limit in their respective areas, nor could the GMFMC 
or CFMC oppose that proposed SAFMC action. The decision to approve or 
disapprove a management action lies solely with the Secretary. As with 
the 1999 designation, under the new designation, the MAFMC and NEFMC 
would remain as advisors to the SAFMC for management actions that 
affected their respective areas of jurisdiction.
    In regards to the establishment of a broader, international-based 
management strategy, NMFS outlined its position regarding the 
designation of a restricted alternative management unit that includes 
only the U.S. Atlantic waters in the response to Comment 1. The dolphin 
and wahoo stocks are not overfished, nor are they undergoing 
overfishing, and management as proposed by the SAFMC for its area of 
authority for these stocks (the U.S. Atlantic coast) is intended to 
address issues of concern within this area. NMFS and the SAFMC will 
continue to monitor the status of these stocks, and should the need 
arise to manage these stocks on a broader scale, an alternative 
management strategy can be devised.

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

    Dated: January 23, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs,National Marine 
Fisheries Service.
[FR Doc. 03-2030 Filed 1-28-03; 8:45 am]
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