[Federal Register Volume 68, Number 187 (Friday, September 26, 2003)]
[Proposed Rules]
[Pages 55573-55574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24391]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 622

[I.D. 091503E]
RIN 0648-AO63


Fisheries of the South Atlantic; Dolphin and Wahoo Fishery of the 
Atlantic; Fishery Management Plan

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

ACTION: Notice of availability of a fishery management plan for the 
dolphin and wahoo fishery of the Atlantic (FMP); request for comments.

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SUMMARY: The South Atlantic Fishery Management Council (SAFMC) has 
submitted the subject FMP for review, approval, and implementation by 
NMFS. If approved, the FMP would establish the management unit and 
stock status criteria for dolphin and wahoo, permitting and reporting 
requirements, restrictions on the harvest and sale of dolphin and 
wahoo, designations of essential fish habitat (EFH) and habitat areas 
of particular concern (HAPCs), and a framework procedure that would 
allow implementing certain regulations through an abbreviated 
rulemaking process.

DATES: Written comments must be received on or before November 25, 
2003.

ADDRESSES: Comments on the FMP must be mailed to the Southeast Regional 
Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702. 
Comments may also be sent via fax to 727-522-5583. Comments will not be 
accepted if submitted via e-mail or Internet.
    Requests for copies of the FMP, which includes an Environmental 
Impact Statement, an Initial Regulatory Flexibility Analysis, a 
Regulatory Impact Review, and a Social Impact Assessment/Fishery Impact 
Statement, should be sent to the South Atlantic Management Council, One 
Southpark Circle, Suite 306, Charleston, SC 29407-4699; Phone: 843-571-
4366; fax: 843-769-4520; e-mail: [email protected].
    Requests for copies of a Supplemental Economic Analysis, Regulatory 
Impact Review, and Regulatory Flexibility Act Analysis, prepared by 
NMFS, should be sent to the Fisheries Economics Office, Southeast 
Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, 
FL 33702.

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

SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act), as amended by the 
Sustainable Fisheries Act, requires each Regional Fishery Management 
Council to submit any fishery management plan or amendment to NMFS for 
review and approval, disapproval, or partial approval. The Magnuson-
Stevens Act also requires that NMFS, upon receiving a plan or 
amendment, publish a document in the Federal Register stating that the 
plan or amendment is available for public review and comment.
    In developing this FMP, the SAFMC adopted a precautionary and risk-
adverse approach to management. The SAFMC is concerned about rising 
catches in both the recreational and commercial fisheries, and with 
this FMP, intends to stabilize the fisheries at their current levels.
    The FMP would establish the management unit for dolphin and wahoo 
as that portion of the stocks found in the exclusive economic zone 
(EEZ) along the U.S. Atlantic coast from Maine through the east coast 
of Florida. Several scientific studies have concurred that there is a 
single stock of dolphin ranging throughout the U.S. Atlantic, Gulf of 
Mexico and Caribbean region; a similar single stock hypothesis is also 
assumed for the widely dispersed, but poorly described, wahoo stock. 
Nevertheless, the National Standard Guidelines, 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,

[[Page 55574]]

especially if designated alternate management units are specifically 
relevant to the FMP's objectives.
    Addressing social and economic issues only occurring in the 
Atlantic region are the SAFMC's primary objectives in the FMP. The 
SAFMC is not attempting to rectify a biological problem with the stocks 
which would require management throughout its range; neither stock is 
overfished nor approaching an overfished condition because of 
overfishing. The SAFMC seeks to: (1) Minimize the potential for 
localized reductions in fish abundance, which can have economic and 
social impacts; (2) minimize market disruptions from large 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. Thus, the alternative 
management unit is appropriate.
    The FMP would establish stock status criteria, including maximum 
sustainable yield (MSY), optimum yield, and overfishing definitions. 
Overfishing would be defined as the rate of harvest that compromises 
the stock's ability to produce MSY on a continuing basis. The status of 
the stocks would be monitored by designating both a maximum fishing 
mortality threshold to determine whether overfishing was occurring and 
a minimum stock size threshold to determine whether the stocks were 
overfished.
    To maintain a healthy stock and to accomplish the social and 
economic goals and objectives, the FMP would establish numerous 
harvesting restrictions and requirements. Dealers, vessels, and 
operators would be required to obtain Federal permits to participate in 
the fishery and to report their catches and landings. The sale of 
dolphin and wahoo would be prohibited except by those vessels that 
possess appropriate state and Federal commercial permits. Harvests 
would be restricted in both the recreational and commercial sector. The 
FMP would establish daily recreational bag limits, 10 for dolphin and 2 
for wahoo, and a daily 60-fish boat limit for dolphin (excluding 
headboats). A commercial trip limit of 3,000 pounds (1,361 kg) north of 
31[deg] N. latitude and 1,000 pounds (454 kg) south of 31[deg] N. 
latitude would be established for dolphin, with a regionwide 500 pound 
(227 kg) trip limit for wahoo, with no transfer at sea allowed for 
either dolphin or wahoo. A minimum size limit for dolphin of 20 inches 
(50.8 cm) fork length would be established off Florida and Georgia, 
with no minimum size limit north of Georgia. No size limit is proposed 
for wahoo. The use of surface and pelagic longlines to fish for dolphin 
or wahoo would be prohibited within any highly migratory species time 
or area closure within the FMP's area of jurisdiction. A fishing year 
of January 1 through December 31 would be established, and allowable 
gears in the fishery would include hook-and-line, bandit, handlines, 
longlines, and spearfishing (including powerheads).
    To maintain the status quo of effort in the fishery, the FMP would 
establish a non-binding cap in the allocation between recreational and 
commercial sectors. The commercial sector would be limited to 1.5 
million pounds (680,400 kg) or 13 percent of the total landings, 
whichever is greater. The recreational sector would be limited to 87 
percent of the total landings. This allocation is based on the average 
contribution of each sector during the 1994 through 1997 time period. 
Should the contributions of each sector begin to shift, the SAFMC would 
review the existing data and evaluate the need for additional 
regulations to maintain the established allocations. A framework 
procedure would be established to allow the implementation of certain 
future regulations through an abbreviated rulemaking process.
    To ensure that adequate habitat is available for maintaining 
healthy stocks of dolphin and wahoo, the SAFMC would designate several 
areas as EFH, including the Gulf Stream where it occurs in the EEZ, the 
Charleston Gyre, and pelagic Sargassum habitat. Within these designated 
areas of EFH, HAPCs would be designated at specific geographic regions 
located between North Carolina and Florida.
    A proposed rule that would implement measures outlined in the FMP 
has been received from the SAFMC. In accordance with the Magnuson-
Stevens Act, NMFS is evaluating the proposed rule to determine whether 
it is consistent with the FMP, the Magnuson-Stevens Act, and other 
applicable law. If that determination is affirmative, NMFS will publish 
the proposed rule in the Federal Register for public review and 
comment.
    Comments received by November 25, 2003 whether specifically 
directed to the FMP or the proposed rule, will be considered by NMFS in 
its decision to approve, disapprove, or partially approve the FMP. 
Comments received after that date will not be considered by NMFS in 
this decision. All comments received by NMFS on the FMP or the proposed 
rule during their respective comment periods will be addressed in the 
final rule.

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

    Dated: September 22, 2003.
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 03-24391 Filed 9-25-03; 8:45 am]
BILLING CODE 3510-22-S