[Federal Register Volume 68, Number 180 (Wednesday, September 17, 2003)]
[Proposed Rules]
[Pages 54410-54414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23764]



[[Page 54410]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 030908222-3222-01; I.D. 051603C]
RIN 0648-AQ65


Atlantic Highly Migratory Species (HMS); Recreational Atlantic 
Blue and White Marlin Landings Limit; Clarification of Recreational HMS 
Reporting Requirements

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

ACTION: Proposed rule; request for comments; public hearings.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes this rule to amend the regulations governing 
Atlantic HMS recreational fisheries in order to implement 
recommendations adopted by the International Commission for the 
Conservation of Atlantic Tunas (ICCAT), and to achieve consistent 
recreational reporting requirements for Atlantic highly migratory 
species. This rule proposes to: establish an annual domestic landing 
limit of 250 Atlantic blue and white marlin, combined; establish 
procedures to carry forward overages and underages of the marlin 
landings limit to subsequent years; implement management measures to 
ensure that the annual domestic Atlantic marlin landing limit is not 
exceeded; and, clarify regulations by specifying that the owner of a 
vessel permitted, or required to be permitted, in the Atlantic HMS 
Angling or Atlantic HMS Charter/Headboat category is required to report 
recreational landings of Atlantic bluefin tuna, billfish, and 
swordfish. The purpose of these proposed actions is to comply with 
ICCAT recommendations, improve upon the management and conservation of 
Atlantic HMS, and establish consistent HMS recreational reporting 
requirements to facilitate enforcement.

DATES: Written comments on the proposed rule must be received by 5 p.m. 
E.S.T. on October 24, 2003. NMFS will hold public hearings from October 
1, 2003, through October 15, 2003.

ADDRESSES: Comments on the proposed rule may be submitted by mail to 
the HMS Management Division, 1315 East-West Highway, Silver Spring, MD 
20910. Comments may also be sent via facsimile (fax) to 301-713-1917. 
Please mark the outside of the envelope ``Comments on Proposed 
Recreational Billfish Rule.'' Comments will not be accepted via e-mail 
or via the internet.
    Copies of the Draft Environmental Assessment/Regulatory Impact 
Review (EA/RIR) for this proposed rule may be obtained from the Highly 
Migratory Species Management Division, 1315 East-West Highway, Silver 
Spring, MD 20910. The EA/RIR is also available on the HMS Management 
Division website at www.nmfs.noaa.gov/sfa/hmspg.html.

FOR FURTHER INFORMATION CONTACT: Russell Dunn or Richard A. Pearson at 
727-570-5447.

SUPPLEMENTARY INFORMATION: Atlantic billfish (including blue marlin, 
white marlin, sailfish, and spearfish) are managed under Amendment One 
to the Atlantic Billfish Fishery Management Plan (Atlantic Billfish 
FMP). North Atlantic tunas, swordfish and sharks are managed under the 
Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks (HMS 
FMP). The FMPs are implemented under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) 
at 50 CFR part 635. In addition, billfish, swordfish, and tunas are 
managed internationally by the International Commission for the 
Conservation of Atlantic Tunas (ICCAT), to which the United States is a 
contracting party. The Secretary of Commerce has the responsibility, 
under the Atlantic Tunas Convention Act (ATCA), to promulgate 
regulations as necessary and appropriate to implement ICCAT 
recommendations.

Atlantic Blue and White Marlin Stock Status and Management History

    The most recent stock assessment for Atlantic blue marlin, 
conducted in 2000 by ICCAT's Standing Committee for Research and 
Statistics (SCRS), indicated that total Atlantic blue marlin stock 
abundance is at approximately 40 percent of the biomass needed to 
support maximum sustainable yield (Bmsy), and that the 
current fishing mortality rate is approximately four times higher than 
that which would allow achievement of the maximum sustainable yield 
(Fmsy). The SCRS recommended that ICCAT take additional 
steps to reduce the catch of blue marlin as much as possible.
    The SCRS conducted a stock assessment for white marlin in 2002. The 
2002 assessment concluded that white marlin are overfished and that 
overfishing continues to occur. Relative white marlin biomass 
(B2001/Bmsy) is approximately 0.12 and relative 
fishing mortality (F2000/Fmsy) is approximately 
8.28.
    At its November, 2000 meeting, ICCAT developed a two-phased 
rebuilding plan for Atlantic blue and white marlin (ICCAT 
Recommendation 00-13). Phase One of the Atlantic marlin rebuilding plan 
required that countries capturing marlin in commercial fisheries reduce 
Atlantic blue marlin landings by 50 percent and white marlin landings 
by 67 percent from 1999 levels. As part of the rebuilding program, the 
United States agreed to limit annual landings by U.S. recreational 
fishermen to 250 Atlantic blue and white marlin, combined, for 2001 and 
2002, and to maintain regulations that have prohibited the retention of 
marlins by U.S. pelagic longline fishermen since implementation of the 
1988 Atlantic Billfish FMP.
    In 2002, ICCAT amended Phase One of the Atlantic marlin plan by 
extending the rebuilding plan through 2005 (ICCAT Recommendation 02-
13). ICCAT also specified that, through 2005 (Phase One), the annual 
amount of blue marlin that can be harvested and retained by foreign 
pelagic longline and purse seine vessels must be no more than 50 
percent of the 1996 or 1999 landing levels, whichever is greater. For 
white marlin, the annual amount that can be harvested and retained by 
foreign pelagic longline and purse seine vessels must be no more than 
33 percent of the 1996 or 1999 landing levels, whichever is greater. 
ICCAT recommended that all blue and white marlin brought to pelagic 
longline and purse seine vessels alive be released in a manner that 
maximizes their survival. These provisions do not apply to marlin that 
are dead when brought alongside the vessel and that are not sold or 
entered into commerce.
    The SCRS intends to conduct new stock assessments for Atlantic blue 
and white marlin in 2005 and to evaluate stock recovery options, taking 
into account the new stock assessments, any new information, and any 
reevaluation of historical catch and effort data. Based upon the SCRS 
assessment and evaluation, ICCAT will develop and adopt additional 
programs in 2005 to rebuild Atlantic marlin stocks to Bmsy, 
if necessary.

Recent U.S. Recreational Atlantic Marlin Fishery Management Actions

    To facilitate compliance with Phase I of the ICCAT billfish 
rebuilding plan, NMFS implemented regulations, which became effective 
in March 2003, requiring: (1) an Atlantic HMS recreational Angling 
category permit (December 18, 2002; 67 FR 77434); and, (2) mandatory 
self-reporting of all non-

[[Page 54411]]

tournament recreational landings of Atlantic marlins, sailfish, and 
swordfish (January 7, 2003; 68 FR 711). These new requirements, in 
conjunction with existing mandatory billfish tournament registration 
and tournament reporting through the Recreational Billfish Survey 
(RBS), will enable the United States to monitor more accurately 
recreational landings of Atlantic marlins, sailfish, and swordfish. 
They are expected to provide essential information to help gauge 
billfish fishing effort, recreational landings, and U.S. compliance 
with ICCAT Recommendations 00-13 and 02-13.

Proposed Atlantic Blue and White Marlin 250-Fish Landing Limit

    The primary issue for the United States resulting from ICCAT 
Recommendation 00-13 is to determine an appropriate management strategy 
to ensure compliance with an annual limit of 250 Atlantic blue and 
white marlin, combined, through 2005. In addition, it is necessary to 
develop a methodology to implement ICCAT Recommendation 00-14 which 
specified that, for any species under catch limit management, 
underages/overages from one year may be added to/must be subtracted 
from the catch limit of the management period immediately after or one 
year after that year, unless any other recommendation dealing with 
overages/underages takes precedence. These ICCAT recommendations have 
not yet been codified by the United States. Therefore, this rule 
proposes to establish a 250-fish annual Atlantic marlin landing limit 
with a carryover provision for landings above/below the limit 
(beginning with overages or underages from the 2003 fishing year and 
adjustments made in the 2004 fishing year), and to implement 
regulations that will ensure compliance with the annual landing limit.
    In the EA/RIR for this proposed rule, NMFS analyzed five 
alternatives to implement a 250-fish annual marlin landing limit, and 
to ensure compliance with the limit. They were selected to provide a 
maximum range of alternatives. The alternatives included: (1) a no-
action alternative (i.e., status quo); (2) a year-round catch and 
release marlin fishery; (3) a catch and release fishery upon achieving 
the landing limit for the remainder of the fishing year (through May 
31); (4) an increase in Atlantic blue and white marlin minimum fish 
sizes, if necessary, upon landing 80 percent of the limit (which would 
be effective for the remainder of the fishing year), and with a 
backstop catch and release only fishery if 100 percent of the annual 
limit is achieved ; and, (5) a mandatory landings tag program whereby 
250 tags would be issued, and only tagged fish could be landed. Under 
each alternative, the carryover provision would apply, meaning that 
landings above the limit in a given fishing year (beginning in 2003) 
would be deducted from the limit in a subsequent fishing year 
(beginning in 2004), and underages of the limit from a given fishing 
year (beginning in 2003) could be added to the limit in a subsequent 
fishing year (beginning in 2004).
    To ensure compliance with the ICCAT recommendations and to minimize 
any adverse economic impacts on U.S. charter/headboat operators and 
other recreational fishers, NMFS is proposing to implement the 
alternative that would increase Atlantic marlin minimum fish sizes for 
the remainder of the fishing year, if necessary, when 80 percent of the 
limit is landed, or projected to be landed. Specifically, the proposed 
measures would maintain existing regulations until 80 percent of 
landing limit is projected to be landed. At that point, Atlantic blue 
and white marlin minimum fish sizes would be increased for the 
remainder of the fishing year, if necessary, to an appropriate length 
whereby the landing limit would be achieved, but not exceeded. If the 
landing limit is not projected to be achieved by the close of the 
fishing year, then minimum fish sizes may not need to be increased. As 
a preventive backstop, if the minimum size increase fails to keep 
landings below the 250-fish limit, the marlin fishery would become 
catch and release from the date the 250-fish limit is achieved until 
the end of the fishing year. Because Atlantic marlin occur 
predominantly in Federal waters, this proposed rule includes a 
rebuttable presumption that any Atlantic marlin landed were taken 
seaward of the inner boundary of the U.S. Atlantic Exclusive Economic 
Zone (EEZ).
    NMFS believes that the proposed measures have the highest 
probability of keeping within the landing limit, while still allowing 
marlin landings for the entire duration of the fishing year. This is 
especially important for areas where fishing activity, including 
tournaments, occurs later in the fishing year. While those areas could 
be adversely impacted by increased minimum sizes, the impacts are 
expected to be less severe than a total prohibition on landings. It is 
important to emphasize that, based upon the RBS (which monitors 
tournament landings), the United States has been below the proposed 
landing limit for the past several fishing years. Although the 
magnitude of non-tournament landings is currently unknown, it is very 
possible that the overall annual 250-fish landing limit will not be 
achieved. If that is the case, NMFS has the option, under the proposed 
measures, to take no action when 80 percent of landing limit is 
achieved, if projections indicate that 100 percent of the limit will 
not be reached before the end of the fishing year. Any minimum size 
increase would filed with the Office of the Federal Register at least 
14 days prior to the effective date of any adjustment. NMFS will notify 
constituents of the adjustment through contact with HMS AP members, 
recreational fishing publications, and through the use of the HMS fax 
network and HMS internet website.

Clarification of HMS Recreational Reporting Requirements

    This rule also proposes to clarify, for enforcement purposes, a 
recreational reporting requirement for billfish, and swordfish that was 
originally specified in a January 7, 2003, (68 FR 711) final rule. 
Inadvertently, some HMS regulations currently indicate that anglers are 
required to call in recreational landings, using a NMFS toll-free 
number, while other regulations, primarily for bluefin tuna, indicate 
that vessel owners are required to report. The regulatory language at 
Sec.  635.5(c)(2), Sec.  635.71(c)(6), and Sec.  635.71(e)(15), for 
example, indicates that anglers are required to report all non-
tournament landings of billfish and swordfish to NMFS. Also, Sec.  
635.71(b)(6) indicates that anglers are required to report landings of 
bluefin tuna. However, Sec.  635.5(c)(1) indicates that owners of 
vessels permitted, or required to be permitted, in the Atlantic HMS 
Angling or Atlantic HMS Charter/Headboat category must report bluefin 
tuna landings that are under the Angling category quota designated at 
Sec.  635.27(a).
    This proposed rule would specify that owners of vessels permitted, 
or required to be permitted, in the Atlantic HMS Angling or Atlantic 
HMS Charter/Headboat category must report landings of bluefin tuna 
under the Angling category, and that owners of vessels permitted, or 
required to be permitted, in the Atlantic HMS Angling or Atlantic HMS 
Charter/Headboat category must report all non-tournament recreational 
landings of billfish and swordfish. Permits under the Atlantic HMS 
Angling category and the Atlantic HMS Charter/Headboat category are 
issued to vessel owners. Therefore, the requirement to report landings 
should logically, and for enforcement purposes, be similarly incumbent 
upon owners of

[[Page 54412]]

vessels permitted, or required to be permitted, in the Atlantic HMS 
Angling or Atlantic HMS Charter/Headboat category.

Meeting Locations, Dates, and Times

1. Wednesday, October 1, 2003-Destin, FL, 7-9 p.m.
    Destin Community Center
    101 Stahlman Avenue
    Destin, FL 32541
2. Tuesday, October 7, 2003-Kill Devil Hills, NC, 7-9 p.m.
    Ramada Inn/Outer Banks Resort and Conference Center
    1701 Virginia Dare Trail
    Kill Devil Hills, NC 27948
3. Wednesday, October 8, 2003-Ocean City, MD, 7-9 p.m.
    Ocean City Council Chambers
    301 Baltimore Avenue
    Ocean City, MD 21842
4. Tuesday, October 14, 2003-Miami, FL, 7-9 p.m.
    University of Miami
    Rosenstiel School of Marine and Atmospheric Sciences
    4600 Rickenbacker Causeway
    Science and Administrative Building, Room 103
    Miami, FL 33149
5. Thursday, October 16, 2003-Ponce, Puerto Rico 7-9 p.m.
    Ponce Holiday Inn
    3315 Ponce By Pass,
    Ponce, PR 00728

Classification

    This proposed rule is published under the authority of the 
Magnuson-Stevens Act, 16 U.S.C. 1801 et seq., and the Atlantic Tunas 
Convention Act, 16 U.S.C. 971 et seq. The Assistant Administrator (AA) 
for Fisheries, NOAA, has preliminarily determined that the regulations 
contained in this proposed rule are necessary to implement the 
recommendations of ICCAT and are necessary for the management of 
Atlantic HMS fisheries.
    NMFS prepared a draft Environmental Assessment (EA) for this 
proposed rule that discusses the impact on the environment of this 
rule. The AA has preliminarily concluded that there would be no 
significant impact on the human environment if this proposed rule was 
implemented. The EA presents analyses of the anticipated impacts of 
these proposed regulations and the other alternatives considered. A 
copy of the draft EA is available from NMFS (see ADDRESSES).
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared an initial regulatory flexibility analysis (IRFA) 
that describes the economic impact this proposed rule, if adopted, 
would have on small entities. A description of the action, the purpose 
and need for the action, and the legal basis for the action are 
contained in the preamble to this proposed rule and in the SUMMARY 
section. A summary of the analysis follows:
    Codification of a 250-fish annual Atlantic marlin landing limit and 
implementation of compliance measures are precautionary steps that are 
being proposed to comply with ICCAT Recommendations and to enhance 
conservation. At present, NMFS believes that the proposed 250-fish 
landing limit is not likely to be exceeded. This is based upon RBS data 
(primarily tournament landings) indicating that 191, 127, 97, and 129 
Atlantic marlin were landed during the 1999, 2000, 2001, and 2002 (2002 
preliminary data) fishing years, respectively. Therefore, adverse 
economic impacts are not expected under any of the alternatives, except 
for the year-round catch and release alternative. Although the landing 
limit is not presently expected to be exceeded, it is possible for 
documented landings to increase in the future because the recreational 
marlin fishery is an open access fishery (i.e., no limits on entry) and 
because new recreational HMS reporting requirements have recently been 
implemented.
    There are several unknowns that make an assessment of economic 
impacts difficult to quantify. These include the absence of a reliable 
estimate of total tournament and non-tournament marlin landings, 
uncertainty regarding the number of marlin fishermen, and uncertainty 
regarding angler behavior in a catch and release only Atlantic marlin 
fishery. Nevertheless, as described below, the preferred alternative 
that is being proposed is expected to have the least adverse economic 
impact on small entities, while simultaneously achieving the objectives 
of the Magnuson-Stevens Act, ATCA, and relevant ICCAT recommendations.
    The total population of recreational billfish anglers has not been 
quantified. This is because not all vessels possessing HMS Angling 
category and HMS Charter/headboat permits participate in the 
recreational billfish fishery. Many fish primarily for tuna. For 
purposes of analysis, this document assumed that approximately 10,000 
vessels, all of which are considered small entities, could be affected 
by the proposed Atlantic marlin actions.
    In order to compare the relative economic impact of the proposed 
alternatives, several assumptions were necessary. These assumptions are 
described in detail in the EA/RIR prepared pursuant to this proposed 
rule (see ADDRESSES) and not repeated here. Also, because NMFS has no 
data predicting angler behavior under a catch and release scenario, the 
assumptions were inferred using data on current and past behavior and, 
in general, present worst case scenarios.
    As described earlier, for the 250-fish landing limit NMFS analyzed 
five alternatives, including the no-action alternative.
    The preferred alternative (Alternative 1d) would increase marlin 
minimum fish sizes when 80 percent of the landing limit is projected to 
be achieved, if deemed necessary. Under a worst case scenario that the 
80 percent trigger would be met roughly estimated around October 15, 
this alternative could potentially result in a reduction of between 6 
and 145 charter trips, in aggregate, assuming that charterboats would 
cease fishing for marlin when the minimum size increased. This would 
equate to an annual industry wide gross revenue loss of between $4,050 
to $97,875. NMFS does not anticipate that any tournaments would cease 
operations, because no marlin-only tournaments are known to occur 
during the projected time period for any size increase (October 15 to 
May 31). Furthermore, many tournaments that include marlin as an award 
species already specify a tournament minimum size that is greater than 
the current legal minimum size of 99 inches (251.5 cm). If 250 marlin 
are landed, even with the increased size limit, then any negative 
economic impacts would be greater because landings would then have to 
be prohibited. This alternative is intended to allow some level of 
landings for the entire duration of the fishing season, without having 
to resort to a prohibition on landings (i.e., catch and release). Thus, 
it is expected to minimize adverse economic impacts, yet be consistent 
with ICCAT recommendations.
    The no-action alternative (1a) would not produce any negative 
short-term economic impacts, however it is not consistent with the 
goals and objectives of the FMP and fails to ensure compliance with 
ICCAT recommendations.
    Alternative 1b (year-round catch and release fishery) could 
potentially result in a reduction of between 104 to 2,696 charter 
trips, in aggregate, for a total annual lost revenue of between $70,200 
and $1.82 million. Potentially, 10 tournaments could cease operations 
under this alternative, with a resulting total annual gross revenue 
loss as high as $6 million.

[[Page 54413]]

    Alternative 1c (catch and release when 250 marlin landed) could 
potentially result in a reduction of between 2 to 47 charter trips, in 
aggregate, for a total annual lost revenue of between $1,350 and 
$31,750. This assumes that the 250 marlin limit is met roughly 
estimated around May 15 and that charterboats would cease fishing of 
the fishery became all catch and release. NMFS does not expect that any 
tournaments would be cancelled, because no marlin-only tournaments are 
known to occur during the projected time period for any closure (May 
15-May 31). However, if landings patterns change from current patterns 
and result in achievement of the 250 fish limit earlier in the fishing 
year, then this alternative could create sizeable negative economic 
impacts on charter vessels and billfish tournaments, particularly in 
areas where fishing activity occurs later in the fishing year.
    Alternative 1e (landings tag program) would be expected to result 
in a reduction of between 103 and 2,671 charter trips annually with a 
potential decrease in total gross revenues of between $69,525 to 
$1,802,925. For tournaments, this alternative could be expected to 
result in the cancellation of up to 10 tournaments with an economic 
impact of $6.0 million dollars.
    With regards to the proposed recreational reporting requirements, 
only two alternatives were considered because no other alternatives 
would meet the stated purpose of clarifying the regulations for 
enforcement purposes, and making the regulations consistent with other 
HMS regulations. The no-action alternative would not produce any 
negative economic impacts. However, the current regulations have 
created some confusion in the regulated community due to 
inconsistencies with other HMS recreational reporting requirements 
which require the vessel owner to report (i.e. bluefin tuna landings in 
the Angling category). Furthermore, because vessel permits are issued 
to vessel owners, enforcement is compromised under this alternative 
because permit sanctions cannot be used as a potential compliance 
mechanism. Alternative 2b (in which vessel owners report) would not 
produce any negative short-term economic impacts. The toll-free 
reporting system takes less than 3 to 5 minutes for each no-cost report 
and an additional 3 to 5 minutes for a confirmation call-back. In 
addition, this alternative would achieve consistency in recreational 
HMS reporting requirements and facilitate enforcement. It is possible, 
under Alternative 2b, that the required number of reports would be 
reduced, because only one report from a vessel owner would be required 
for trips that land more than one fish by several different anglers.
    This rule does not duplicate, overlap, or conflict with any 
relevant Federal rules. None of the alternatives considered in this 
document would result in additional reporting, record keeping, 
compliance, or monitoring requirements for the public.
    The call-in reporting requirement for recreational non-tournament 
landings was previously approved under OMB 0648-0446.
    This rule contains a collection-of-information requirement subject 
to the Paperwork Reduction Act (PRA) and which has been approved by OMB 
under control number 0648-0446. Public reporting burden for each 
landing report or confirmation call is estimated to average 5 minutes 
per response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Written 
comments regarding the burden-hour estimates or other aspects of the 
collection-of-information requirements contained in this rule may be 
submitted to NMFS (see ADDRESSES) and by e-mail to [email protected], or fax to (202) 395-7285.
    Notwithstanding any other provisions of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Statistics, Treaties.

    Dated: September 11, 2003.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 635 is 
proposed to be amended as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

    1. The authority citation for part 635 continues to read as 
follows:

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
    2. In Sec.  635.5, paragraph (c)(2) is revised to read as follows:


Sec.  635.5  Recordkeeping and reporting.

* * * * *
    (c) * * *
    (2) Billfish and North Atlantic Swordfish. The owner of a vessel 
permitted, or required to be permitted, in the Atlantic HMS Angling or 
Atlantic HMS Charter/Headboat category must report all non-tournament 
landings of Atlantic blue marlin, Atlantic white marlin, sailfish, and 
North Atlantic swordfish, including those landed on a charter/headboat, 
to NMFS by calling 1-800-894-5528 within 24 hours of the landing. For 
telephone reports, a contact phone number must be provided so that NMFS 
can call the vessel owner back for follow up questions and to provide a 
confirmation of the reported landings. The telephone landing report has 
not been completed unless the vessel owner has received a confirmation 
number from a NMFS' designee.
* * * * *
    3. In Sec.  635.20, paragraph (d)(4) is added to read as follows:


Sec.  635.20  Size limits.

* * * * *
    (d) * * *
    (4) The Atlantic blue and white marlin minimum size limits, 
specified in paragraphs (d)(1) and (d)(2) of this section, may be 
adjusted, if necessary, to sizes determined to be appropriate to 
achieve, but not exceed, the annual Atlantic marlin landing limit, 
specified in Sec.  635.27(d), when 80 percent of the annual Atlantic 
marlin landing limit is projected to be harvested, through publication 
in the Federal Register. In no case shall such adjustment be effective 
less than 14 days after the date of filing with the Office of the 
Federal Register for publication. The adjustment will be in effect 
through the end of the fishing year (May 31).
* * * * *
    4. In Sec.  635.27, paragraph (d) is added to read as follows:


Sec.  635.27  Quotas.

* * * * *
    (d) Atlantic Blue and White Marlin. The total annual recreational 
landings limit for Atlantic blue and white marlin, harvested from the 
management unit, is 250 fish, combined, during a given fishing year 
(June 1 to May 31), except as provided in paragraph (d)(1) of this 
section. It is a rebuttable presumption that any landed Atlantic marlin 
was taken seaward of the inner boundary or the U.S. Atlantic EEZ. After 
the landings limit is attained, no landings of Atlantic blue and white 
marlin are allowed.
    (1) If the Assistant Administrator (AA) determines, based upon 
landings statistics and other available

[[Page 54414]]

information, that aggregate landings of Atlantic blue and white marlin 
are above the annual Atlantic marlin landings limit, as established in 
paragraph (d) of this section, the AA shall subtract the overharvest 
from the following fishing year's Atlantic marlin landings limit, 
beginning with any overharvest from the 2003 fishing year, consistent 
with ICCAT recommendations. If the AA determines, based on landings 
statistics and other available information, that aggregate landings of 
Atlantic blue and white marlin are below the annual Atlantic marlin 
landings limit, the AA may add the underharvest to the following 
fishing year's annual Atlantic marlin landings limit, as established in 
paragraph (d) of this section, beginning with any underharvest from the 
2003 fishing year, consistent with ICCAT recommendations,. The AA will 
publish any adjustment to the Atlantic marlin landing limit made 
pursuant to this paragraph in the Federal Register.
    (2) [Reserved]
    5. In Sec.  635.28, paragraph (d) is added to read as follows:


Sec.  635.28  Closures.

* * * * *
    (d) Atlantic Blue and White Marlin. If the annual Atlantic marlin 
landings limit specified in Sec.  635.27 (d) is exceeded, or is 
projected to be exceeded, the AA will establish a closure date based 
upon the date the landings limit is exceeded, or is projected to be 
exceeded, and publish an action in the Federal Register prohibiting the 
landings of any Atlantic blue and white marlins from the closure date 
through the remainder of the fishing year (through May 31). In no case 
shall such closure be effective less than 14 calendar days after the 
action is filed with the Office of the Federal Register.
    6. In Sec.  635.34, paragraph (a) is revised to read as follows:


Sec.  635.34  Adjustment of Management Measures.

    (a) NMFS may adjust the catch limits for BFT, as specified in Sec.  
635.23; the quotas for BFT, shark, and swordfish, as specified in Sec.  
635.27; the combined annual landing limit for Atlantic blue and white 
marlin, as specified in Sec.  635.27(d); and the minimum sizes for 
Atlantic blue and white marlin, as specified in Sec.  635.20(d).
* * * * *
    8. In Sec.  635.71, paragraphs (b)(6), (c)(6), and (e)(15) are 
revised, and paragraph (c)(7) is added to read as follows:


Sec.  635.71  Prohibitions.

* * * * *
    (b) * * *
    (6) As the owner of a vessel permitted, or required to be 
permitted, in the Atlantic HMS Angling or Atlantic HMS Charter/Headboat 
category, fail to report a BFT, as specified in Sec.  635.5(c)(1) or 
(3).
* * * * *
    (c) * * *
    (6) As the owner of a vessel permitted, or required to be 
permitted, in the Atlantic HMS Angling or Atlantic HMS Charter/Headboat 
category, fail to report a billfish, as specified in Sec.  635.5(c)(2) 
or (3).
    (7) Retain on board a vessel or land an Atlantic blue or white 
marlin when the fishery for these species is closed, as specified in 
Sec.  635.28(d).
* * * * *
    (e) * * *
    (15) As the owner of a vessel permitted, or required to be 
permitted, in the Atlantic HMS Angling or Atlantic HMS Charter/Headboat 
category, fail to report a North Atlantic swordfish, as specified in 
Sec.  635.5(c)(2) or (3).
[FR Doc. 03-23764 Filed 9-16-03; 8:45 am]
BILLING CODE 3510-22-S