[Federal Register Volume 68, Number 131 (Wednesday, July 9, 2003)]
[Notices]
[Pages 40907-40909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-17378]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 060303D]


Atlantic Highly Migratory Species; Environmental Impact Statement 
(EIS) for Amendment 2 to the Fishery Management Plan (FMP) for Atlantic 
Tunas, Swordfish and Sharks and Amendment 2 to the Atlantic Billfish 
FMP

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

ACTION: Notice of intent (NOI) to prepare an EIS; request for comments.

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SUMMARY: NMFS announces its intent to prepare an EIS under the National 
Environmental Policy Act to assess the potential effects on the human 
environment of proposed alternatives and actions under Amendment 2 to 
the FMP for Atlantic Tunas, Swordfish and Sharks, and Amendment 2 to 
the Atlantic Billfish FMP. The EIS is intended to address issues 
regarding quota allocation of Atlantic bluefin tuna (BFT), swordfish, 
and sharks among and within domestic fishing categories, examine 
management alternatives to improve and streamline the current Highly 
Migratory Species (HMS) limited access permit program, conduct a five 
year review of HMS essential fish habitat (EFH) identifications, and 
address exempted fishing and scientific research permitting issues 
consistent with rebuilding plans, the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), Atlantic Tunas 
Convention Act (ATCA), and other relevant Federal laws. NMFS is 
requesting comments on the above measures including, but not limited 
to, HMS quota allocations, permitting, revisions to the limited access 
management program, and updates to EFH information.

DATES: Comments on this action must be received no later than 5 p.m., 
local time, on November 6, 2003.

ADDRESSES: Written comments on this action should be mailed to 
Christopher Rogers, Chief, Highly Migratory Species Management 
Division, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910; or faxed to (301) 713-1917. Comments will not 
be accepted if submitted via email or Internet.

FOR FURTHER INFORMATION CONTACT: Karyl Brewster-Geisz at (301) 713-
2347, Mark Murray-Brown (978) 281-9260, or Russell Dunn at (727) 570-
5447.

SUPPLEMENTARY INFORMATION: The Atlantic shark fisheries are managed 
under the authority of the Magnuson-Stevens Act, and the Atlantic tuna, 
swordfish, and billfish fisheries are managed under the Magnuson 
Stevens Act and ATCA. The Fishery Management Plan for Atlantic Tunas, 
Swordfish, and Sharks (HMS FMP) and the Atlantic Billfish Fishery 
Management Plan (Billfish FMP) are implemented by regulations at 50 CFR 
part 635. Copies of the HMS FMP and Billfish FMP are available for 
review (see ADDRESSES).

Background

Atlantic Bluefin Tuna Quota Allocations

    Atlantic bluefin tuna are managed under a strict quota program in 
accordance with recommendations from

[[Page 40908]]

the International Commission for the Conservation of Atlantic Tunas 
(ICCAT) and domestic legislation, including ATCA which requires NMFS to 
allocate the quota from ICCAT to domestic fisheries. Allocation of BFT 
quota among the domestic fishing categories, as well as within each 
category, was formally established by percentage allocation in the HMS 
FMP based on traditional participation and use of quota. Since 
implementation of the HMS FMP in 1999, various aspects of the fisheries 
have changed that warrant a re-examination of the distribution of BFT 
quota, both among and within categories, to determine if the current 
percentage allocations best meet the objectives of the HMS FMP and 
attainment of optimum yield. For example, since implementation of the 
HMS FMP, fishing activity and catch rates within the General category 
have shifted and become more prevalent later in the fishing season. 
Also, NMFS is in receipt of a Petition for Rulemaking from the State of 
North Carolina to redistribute General category quota and specifically 
allocate quota for a late season, south Atlantic commercial handgear 
fishery (67 FR 69502, November 18, 2002). Similarly, the fishing 
patterns of several other domestic categories have changed, or are 
evolving, and thus the entire quota allocation scheme could benefit 
from an updated investigation to determine whether it still meets the 
needs of the fishery.

HMS Limited Access Permit Program

    The HMS FMP established a limited access program for the commercial 
Atlantic swordfish and Atlantic shark fisheries to begin to rationalize 
harvesting capacity with the available quota and reduce latent effort 
while preventing further overcapitalization. To assist with enforcement 
and management of the program, permit restrictions were also placed on 
vessels fishing for bigeye, albacore, yellowfin and skipjack (BAYS) 
tunas in the Longline category. Implementation of the limited access 
program has proceeded since implementation of the HMS FMP and is 
executed via issuance of permits to eligible recipients in the 
commercial shark, swordfish and BAYS longline fisheries. Currently many 
of the eligible vessels are required to obtain up to three separate 
permits to legally participate in the limited access program. In 
addition, since implementation of the HMS FMP, NMFS has benefitted from 
receiving various recommendations to improve management of the program 
and better meet the intent to rationalize harvesting capacity. Some 
comments on limited access received to date include, but are not 
limited to, changing the upgrading restrictions, changing to gear-
specific permits, consolidating the expiration date for all three 
permits, changing the incidental catch limits for incidental limited 
access permits, and re-opening the swordfish handgear permit category.

EFH Five Year Review

    Under the Magnuson-Stevens Act, each FMP must describe and identify 
EFH for the fishery management unit, minimize to the extent practicable 
adverse effects on EFH caused by fishing, and identify other actions to 
encourage the conservation and enhancement of EFH. In 1999, NMFS 
identified EFH for all HMS and is planning to begin to conduct this 
five year review for all HMS within the EIS described in this action.

Swordfish Quota Allocation Issues

    There are currently three categories among which the current north 
Atlantic swordfish quota is allocated: directed, incidental, and the 
reserve. The incidental category is allocated 300 metric tons (mt) 
dressed weight (dw). Recreational landings and landings reported by 
incidental permit holders are counted against the quota in the 
Incidental category. The Reserve category was primarily created to 
allow the United States to transfer quota to Japan as recommended by 
ICCAT in 2000. The Directed category is allocated the remainder. 
Commercial landings by directed and handgear permit holders are counted 
against directed category quota. In recent years, the swordfish quota 
has not been reached and the recreational fishery has begun to expand, 
which raises the question of whether a four category should be 
established for the recreational fishery. Additionally, at the moment, 
there is not a specified method of adding or removing quota to or from 
the Reserve category.

Shark Quota Allocation Issues

    Currently, there are no quota allocations between user groups in 
the Atlantic shark fisheries. Once a commercial quota is reached, the 
commercial fishery is closed. This closure means that permit holders 
who target sharks or catch sharks incidental to their fishing 
operations can no longer land sharks incidentally. This situation has 
also led to confusion regarding accounting for all fishing mortality. 
Recreational fishermen do not have a quota but are limited by retention 
limits. To the extent that these issues are not resolved in Amendment 1 
to the HMS FMP, NMFS may reconsider them in the EIS described in this 
action.

Exempted Fishing and Scientific Research Permits

    Under 50 CFR 635.32, and consistent with 50 CFR 600.745, NMFS may 
authorize for limited testing, public display, and scientific data 
collection purposes, the target or incidental harvest of species 
managed under an FMP or fishery regulations that would otherwise be 
prohibited (e.g., possession of prohibited species, possession of fish 
below the minimum size, possession of fish in a closed area). Exempted 
fishing may not be conducted unless authorized by an Exempted Fishing 
Permit (EFP) or a Scientific Research Permit (SRP) issued by NMFS in 
accordance with criteria and procedures specified in those sections. In 
Amendment 1 to the HMS FMP, NMFS is considering some changes to better 
account for issuing EFPs and SRPs and to better account for the fish 
collected under these permits. To the extent that these issues are not 
resolved in Amendment 1 to the HMS FMP, NMFS may reconsider them in the 
EIS described in this action.

Management Options

    NMFS requests comments on management options for this action. 
Specifically, NMFS requests comments on the following issues and 
possible options: allocation of the BFT quota from ICCAT to domestic 
fishing categories as well as within each category; changing quota 
allocations in the swordfish fishery; potentially establishing quota 
allocations in the shark fishery; management options to improve the 
limited access permit program; ways to simplify and streamline quota 
and permitting administrative processes; and further rationalization of 
harvesting capacity. NMFS also requests comments on EFH identifications 
and the data that could be used to update and review existing 
identifications for all HMS. NMFS also requests comments on management 
options to improve the issuance of EFPs and SRPs and ways to ensure 
fish taken by permit holders are counted against the appropriate quota 
category. Comments received on these issues, as well as options offered 
to address the issues, will assist NMFS in determining the options for 
rulemaking to improve the management of Atlantic HMS.
    NMFS intends to publish an Issues and Options paper summarizing the 
different options under consideration and will announce the 
availability of this document at a later date. NMFS will hold at least 
one scoping meeting to gather public comment on the issues

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and options described here and in the forthcoming Issues and Options 
paper (time and location details of which will be announced in a 
subsequent Federal Register notification).
    After scoping has been completed and public comment gathered and 
analyzed, NMFS will proceed with preparation of a draft EIS and 
amendments and proposed rule, which will include additional 
opportunities for public comment. Until the EIS, amendments, and 
associated documents are finalized or until other regulations are put 
into place, the current regulations regarding BFT, shark and swordfish 
quota allocations, limited access, EFH identifications, and EFP and SRP 
issuance remain in effect.

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

    Dated: July 1, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-17378 Filed 7-8-03; 8:45 am]
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