[Federal Register Volume 68, Number 212 (Monday, November 3, 2003)]
[Proposed Rules]
[Pages 62267-62278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27515]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 622

[Docket No. 031007250-3250-01; I.D. 091503E]
RIN 0648-AO63


Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; 
Dolphin and Wahoo Fishery off the Atlantic States

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS issues this proposed rule to implement the Fishery 
Management Plan for the Dolphin and Wahoo Fishery off the Atlantic 
States (FMP). For the dolphin and wahoo fishery in the exclusive 
economic zone (EEZ) off the Atlantic states (Maine through the east 
coast of Florida), this proposed rule would require vessel owners to 
obtain commercial vessel and charter vessel/headboat permits and submit 
reports; operators of commercial vessels, charter vessels, and 
headboats to obtain operator permits; and dealers to obtain permits and 
submit reports; establish bag and trip limits and a minimum size limit 
(dolphin only); close the longline fisheries in areas closed to the use 
of such gear for highly migratory pelagic species; prohibit sale 
without a commercial vessel permit; specify allowable gear; and 
establish a framework procedure by which the South Atlantic Fishery 
Management Council (Council) could establish and modify certain 
management measures in a timely manner. In addition, the FMP would 
specify maximum sustainable yield (MSY), optimum yield (OY), the 
determinants of overfishing (maximum fishing mortality threshold 
(MFMT)) and overfished (minimum stock size threshold (MSST)), the 
management unit, the fishing year, and essential fish habitat (EFH) and 
EFH habitat areas of particular concern (EFH-HAPCs). The intended 
effects are to conserve and manage dolphin and wahoo and to ensure that 
no new fisheries for dolphin and wahoo develop.

DATES: Comments on this proposed rule must be received no later than 5 
p.m., eastern time, on December 18, 2003.

ADDRESSES: Copies of the FMP may be obtained from the South Atlantic 
Fishery Management Council, One

[[Page 62268]]

Southpark Circle, Suite 306, Charleston, SC 29407-4699; phone: 843-571-
4366; fax: 843-769-4520; e-mail: [email protected]. The FMP includes a 
Final Environmental Impact Statement (FEIS), an Initial Regulatory 
Flexibility Analysis (IRFA), a Regulatory Impact Review, and a Social 
Impact Assessment/Fishery Impact Statement.
    Written comments on this proposed rule must be mailed to Steve 
Branstetter, 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.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
proposed rule may be submitted to Robert Sadler, Southeast Region, 
NMFS, at the above address, and by e-mail to [email protected], or fax to 202-395-7285.

FOR FURTHER INFORMATION CONTACT: Steve Branstetter, phone: 727-570-
5305, fax: 727-570-5583, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The Council prepared the FMP under authority 
of the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act).

Background

    Landings of dolphin and wahoo from Atlantic waters have increased 
in recent years. Given that the Atlantic dolphin and wahoo fishery is 
historically a recreational fishery, concern was raised when commercial 
landings in the Atlantic increased, due in part to an increasing number 
of longliners that were targeting dolphin or modifying their fishing 
practices so that dolphin and wahoo constituted a greater portion of 
their catch. In addition, additional longline effort may be directed to 
the Atlantic dolphin and wahoo fishery due to closures in the fishery 
for highly migratory species. The Council is concerned that an increase 
in landings of dolphin and wahoo could result in localized depletion of 
stocks and a shift in the historical levels of catch between commercial 
and recreational fishermen. Accordingly, through the FMP, the Council 
is adopting a precautionary and risk-averse approach to management that 
will maintain the current harvest level of dolphin and wahoo and ensure 
that no new fisheries for these species develop in the EEZ off the 
Atlantic states (Atlantic EEZ).

Permits

    Information obtained on permit applications and from vessel and 
dealer reporting would provide baseline data on participants and the 
activities of vessels and dealers in the Atlantic dolphin and wahoo 
fishery that currently are not available. Such data are essential to 
further information collection efforts and the formulation of sound 
management measures for the fishery.

Commercial Vessel Permits

    To be eligible for exemption from the bag and possession limits for 
dolphin and wahoo in the Atlantic EEZ or to sell dolphin and wahoo 
harvested in the Atlantic EEZ, this proposed rule would require a 
vessel to have on board a Federal commercial permit for Atlantic 
dolphin and wahoo, effective 120 days after the final rule containing 
the permit requirements is published. As an exception to this permit 
requirement, a vessel with a Federal commercial permit in a fishery 
other than the Atlantic dolphin and wahoo fishery would have a 200-lb 
(91-kg) trip limit, in lieu of a bag and possession limit, and would be 
allowed to sell dolphin or wahoo, provided that all fishing on and 
landings from that trip were north of 39[deg] N. lat.
    NMFS would issue an Atlantic dolphin and wahoo commercial permit 
for a vessel that has a Federal commercial permit for king mackerel, 
South Atlantic snapper-grouper, or Atlantic swordfish or for a vessel 
whose owner meets both the earned income requirement and the landings 
requirement. An owner would meet the earned income requirement if he or 
she derived at least 25 percent of earned income or at least $10,000 
from commercial fishing (i.e., the harvest and first sale of fish) or 
from charter/headboat fishing during one of the 3 calendar years 1996, 
1997, or 1998. An owner would meet the landings requirement if he or 
she owned a vessel that landed and sold at least 250 lb (113 kg) of 
dolphin and/or wahoo harvested from the Atlantic during one of the 3 
calendar years 1996, 1997, or 1998, or during the period January 1, 
1999, through May 21, 1999.
    If a vessel has a Federal commercial vessel permit issued by the 
Regional Administrator, Southeast Region, NMFS (RA) in the king 
mackerel, South Atlantic snapper-grouper, or swordfish fishery, dolphin 
and wahoo would be added to the fisheries for which the permit is valid 
upon written request to the RA from the owner or operator for such 
addition.
    An owner of a vessel who desires a commercial vessel permit based 
on the earned income and landings requirements would be required to 
obtain a permit application form from, and submit it to, the RA. 
Information on the application form and accompanying documentation 
would consist of the standard information and documentation required 
for commercial vessel permits issued by the RA, as specified at 50 CFR 
622.4(b)(3). Such information and documentation would not be required 
if they are available to the RA through a valid permit issued in 
another fishery. The landings requirement would have to be documented 
by a listing of landings by date, species, amount, and dealer. Only 
qualifying landings verified by reports received or dealer records 
dated on or before June 21, 1999, by the following would qualify: (1) 
Fishing vessel logbooks received by the Science and Research Director 
of either the NMFS' Southeast or Northeast Fisheries Science Centers; 
(2) state trip ticket systems; or (3) for landings not covered by 
vessel logbook or state trip ticket system requirements, dealer records 
accompanied by signed affidavit(s). NMFS believes that restricting 
verification of landings to these three modes would ensure that 
documentation is consistent with applicable reporting requirements, 
and, where no reporting requirements existed, would provide a practical 
alternative with reasonable verification, i.e., dealer records with 
signed affidavits. This approach should accommodate qualification 
consistent with Council intent, while minimizing the potential for 
fraudulent documentation of landings. Dealer records must definitively 
show dates and amounts of landings of the species known as dolphin and/
or wahoo and the vessel's name, official number, or other reference 
that clearly identifies the vessel. Dealer records must contain a sworn 
affidavit by the dealer confirming the accuracy and authenticity of the 
records. A sworn affidavit is a written statement wherein the 
individual signing the affidavit affirms that the information presented 
is accurate and can be substantiated, under penalty of law. Only 
landings that were harvested, landed, and sold in compliance with state 
and Federal regulations would be used to establish eligibility.

Charter Vessel/Headboat Permits

    To possess a dolphin or wahoo in or from the Atlantic EEZ on board 
a charter vessel or headboat, this proposed rule would require that a 
valid Federal charter vessel/headboat permit for

[[Page 62269]]

Atlantic dolphin and wahoo be on board that vessel, effective 120 days 
after the final rule containing the permit requirements is published. 
There would be no earned income or landing requirements for these 
charter vessel/headboat permits.
    The owner of a vessel who desires a charter vessel/headboat permit 
for the Atlantic dolphin and wahoo fishery would be required to obtain 
a permit application form from, and submit it to, the RA.
    An owner of a charter vessel or headboat who desires to sell 
dolphin would be required to obtain a commercial vessel permit for 
dolphin and wahoo in addition to the charter vessel/headboat permit. 
(The sale of wahoo harvested in the Atlantic EEZ by a vessel operating 
as a charter vessel or headboat would not be allowed.)

Operator Permits

    To enhance enforcement of fishery regulations, this proposed rule 
would require an operator of a commercial vessel or a charter vessel/
headboat in the Atlantic dolphin and wahoo fishery to obtain a permit, 
effective 180 days after the final rule that contains this measure is 
published. ``Operator'' is defined as the master or other individual 
aboard and in charge of a vessel. Each vessel that has a Federal 
commercial vessel or charter vessel/headboat permit for the Atlantic 
dolphin and wahoo fishery would be required to have on board at least 
one person who has a valid operator permit when the vessel is at sea or 
offloading. In addition to penalties that currently exist for 
violations of the regulations, an operator permit could be sanctioned. 
For example, a person whose operator permit is suspended, revoked, or 
modified pursuant to subpart D of 15 CFR part 904 would not be allowed 
aboard any vessel subject to Federal fishing regulations in any 
capacity, if so sanctioned by NOAA, while the vessel is at sea or 
offloading. To enhance enforceability of this measure, a vessel's owner 
and operator would be responsible for ensuring that a person with such 
a suspended, revoked, or modified operator permit is not aboard his/her 
vessel. A list of persons whose operator permits are revoked, 
suspended, or modified would be readily available from the RA.
    The RA would mail application forms to owners of vessels with 
permits for the Atlantic dolphin and wahoo fishery and applications 
also would be available from the RA upon request. Information required 
on an application would include name, address, and other identifying 
information, such as date of birth, height, weight, and hair and eye 
color, of the applicant, and other information necessary for the 
issuance or administration of the permit. In addition, each applicant 
would be required to provide two recent (no more than 1-yr old) color, 
passport-sized photographs. In general, an operator permit would be 
valid for a 3-year period (i.e., from the operator's birth month in 
year X through the operator's birth month in year X+3). However, there 
are two instances in which the period of validity would probably not be 
3 years--when an initial permit is issued and when a permit is not 
renewed immediately upon its expiration (birth month in year X+3). An 
initial permit or a permit not renewed immediately upon its expiration 
would expire at the end of the operator's birth month that is between 2 
and 3 yr after issuance.
    An operator of a vessel in the Atlantic dolphin and wahoo fishery 
would be required to present his/her operator permit for inspection 
upon the request of an authorized officer. Because an operator permit 
is a Federal picture identification card issued without verification of 
the information on the application, the operator would be required to 
also present one other form of personal identification that includes a 
picture. Otherwise, an operator whose permit had been revoked could use 
an additional operator permit obtained under an assumed name.

Dealer Permits

    This rule would require a dealer of dolphin or wahoo to obtain a 
dealer permit for such species, effective 120 days after the final rule 
that contains this measure is published. ``Dealer'' is defined as a 
person who first receives dolphin or wahoo by way of purchase, barter, 
or trade or who first receives dolphin or wahoo harvested from the 
Atlantic EEZ upon transfer ashore. To obtain such permit, the applicant 
would have to have a valid state wholesaler's license in the state(s) 
where the dealer operates, if required by such state(s), and have a 
physical facility at a fixed location in such state(s). A dealer who 
desires a dealer permit for the Atlantic dolphin and wahoo fishery 
would be required to obtain a permit application form from, and submit 
it to, the RA.

Effective Dates for Permitting Requirements

    As noted above, commercial vessel, charter vessel/headboat, and 
dealer permits would be required in the fishery 120 days after the 
final rule containing these measures is published. Operator permits 
would be required 180 days after the final rule is published. These 
time periods are considered adequate for vessel owners, vessel 
operators, and dealers currently in the fishery to obtain applications, 
collect necessary data, if required, and complete and submit 
applications and for the RA to process the applications and issue 
permits.

Fees

    As specified at 50 CFR 622.4(f), a fee would be charged for each 
application for a permit or written request for change in a permit. The 
applicable fee would be specified on the appropriate form.

Vessel Identification

    This proposed rule would require that a vessel with a Federal 
commercial vessel or charter vessel/headboat permit for the Atlantic 
dolphin and wahoo fishery display and maintain its official number in 
the manner prescribed at 50 CFR 622.6(a). The requirements at 50 CFR 
622.6(a) apply to all vessels that have been issued permits by the RA.

Recordkeeping and Reporting

    This proposed rule would require owners or operators of vessels 
(commercial and charter vessel/headboat) and dealers, who have permits 
for Atlantic dolphin and wahoo and are selected by the Science and 
Research Director (SRD) of the Northeast or Southeast Fisheries Science 
Center, to submit reports. Forms and accompanying instructions for such 
reporting would be available from the SRD.
    The Council may also receive from the Atlantic Coastal Cooperative 
Statistics Program additional information necessary for effective 
management of the fishery.

Minimum Size Limits

    Most dolphin are mature by the time they reach a size of 18 inches 
(45.7 cm), and all are mature by the time they reach 24 inches (61.0 
cm). Florida and Georgia have minimum size limits for dolphin within 
their jurisdictions of 20 inches (50.8 cm), fork length. A 
corresponding minimum size limit in the EEZ off Florida and Georgia 
would prevent the targeting of small dolphin, discourage waste by 
overharvest and discard, and enhance enforceability of Florida's and 
Georgia's minimum size limits. Accordingly, this proposed rule would 
establish a minimum size limit for dolphin in or from the EEZ off 
Georgia and Florida of 20 inches (50.8 cm), fork length.

[[Page 62270]]

Bag and Possession Limits

Dolphin

    This proposed rule would establish daily bag and possession limits 
of dolphin in or from the Atlantic EEZ of 10 per person or 60 per 
vessel, whichever is less, except, on board a headboat, 10 per paying 
passenger. These bag and possession limits would reduce the practice of 
harvesting large quantities or entire schools of small, immature 
dolphin. Given the rapid growth rate of dolphin, an increase in overall 
yield of the fishery would be expected by a delay in catch of even a 
few months.

Wahoo

    This proposed rule would establish a daily bag and possession limit 
of wahoo in or from the Atlantic EEZ of 2 per person. The 2-fish bag 
and possession limit would reduce the potential for excessive harvest 
of wahoo and promote a conservation ethic in the fishery.

Commercial Trip Limits

    Commercial trip limits are limits on the amount of fish that can be 
possessed on board a vessel or landed at any time. The following trip 
limits would be applicable to a vessel that has a commercial permit for 
Atlantic dolphin and wahoo and is not operating as a charter vessel or 
headboat:
    Dolphin - 3,000 lb (1,361 kg) north of 31[deg] N. lat. and 1,000 lb 
(454 kg) south of 31[deg] N. lat.
    Wahoo - 500 lb (227 kg).
    The trip limit for a fishing vessel, except for a vessel operating 
as a charter vessel or headboat, that does not have a commercial vessel 
permit for Atlantic dolphin and wahoo but has a Federal commercial 
vessel permit in any other fishery would be 200 lb (91 kg) of dolphin 
and wahoo, combined, provided that all fishing on and landings from 
that trip were north of 39[deg] N. lat. (A charter vessel/headboat 
permit is not a commercial vessel permit.) A vessel operating as a 
charter vessel or headboat must comply with the bag limits.
    As is the case with other commercial trip limits, transfer at sea 
of dolphin or wahoo would not be permitted. In addition, dolphin and 
wahoo would be allowed to be eviscerated, but would be required to be 
maintained with head and tail intact. For the purpose of determining 
compliance with the commercial trip limits, weights would be calculated 
based upon the legal form in which the fish are possessed or landed, 
i.e., round, eviscerated, or any combination thereof. The proposed trip 
limits are intended to cap the commercial fisheries without unduly 
affecting historical catches.

Closed Areas

    The principal gear used in the commercial fishery for dolphin and 
wahoo is pelagic longline, similar to the gear used extensively for 
Atlantic highly migratory species (HMS) (Atlantic tunas, billfish, 
sharks, and swordfish). Regulations at 50 CFR Part 635 prohibit the use 
of pelagic longlines at certain times and areas in the Atlantic EEZ by 
vessels that have Federal permits for HMS. These time/area closures 
were implemented because observer data and vessel logbooks indicate 
that pelagic longline fishing for Atlantic swordfish and tunas results 
in catch of non-target finfish species such as bluefin tuna, billfish, 
and undersized swordfish, and of protected species, including 
threatened and endangered sea turtles. Also, pelagic longline gear 
incidentally hooks marine mammals and sea birds. The incidental catch 
of animals that are hooked but not retained due to economic or 
regulatory factors contributes to overall fishing mortality, which may 
significantly impair rebuilding of overfished finfish stocks or the 
recovery of protected species. Continued use of pelagic longline gear 
for dolphin and wahoo during times and in areas where such gear is not 
allowed for HMS would subvert the management goals of the time/area 
closures. Accordingly, this proposed rule would apply the time/area 
closures applicable to the HMS fishery in the Atlantic EEZ to the 
fishery for Atlantic dolphin and wahoo. These areas are the 
Northeastern United States closed area, closed from June 1 through June 
30 each year; the Charleston Bump closed area, closed from February 1 
through April 30 each year; and the East Florida Coast closed area, 
closed year round.

Restrictions on Recreational Sale

    This proposed rule would prohibit the sale of dolphin and wahoo 
caught in a recreational fishery, except that dolphin caught aboard a 
charter vessel or headboat that has both charter vessel/headboat and 
commercial vessel permits could be sold. However, a vessel with both a 
charter vessel/headboat permit and a commercial permit but operating as 
a charter vessel or headboat cannot sell dolphin in excess of the bag 
limit. The Council concluded that dolphin and wahoo are so important to 
the recreational sector that prohibiting sale of dolphin and wahoo 
caught by that sector would reduce overexploitation and excessive 
targeting for sale. In addition, it would eliminate a significant 
amount of concern that commercial fishermen must adhere to food quality 
standards and vessel safety requirements that recreational fishermen 
who sell fish caught under a bag limit can avoid. The exception for 
dolphin caught under the bag limit on board vessels operating as 
charter vessels or headboats would recognize an historical practice 
that has been economically significant for such vessels. These for-hire 
vessels would only be allowed to sell bag-limit caught fish if they 
possess both charter vessel/headboat and commercial vessel permits. The 
requirement of a commercial vessel permit, which has reporting 
requirements associated with it, would provide for better reporting and 
documentation of landings and sales of dolphin and wahoo by this 
segment of the fishery.

Authorized Gear

    Under this proposed rule, the following would be the only 
authorized gear types in the fisheries for dolphin and wahoo in the 
Atlantic EEZ: Automatic reel, bandit gear, handline, pelagic longline, 
rod and reel, and spearfishing gear (including powerheads). A person 
aboard a vessel in the Atlantic EEZ that had on board gear types other 
than authorized gear types would not be allowed to possess a dolphin or 
wahoo. NMFS would evaluate new gear if and when appropriate.
    The proposed authorized gear types include virtually all gear types 
currently used in the dolphin/wahoo fishery. Specifying allowable gear 
would discourage introduction of new gear into the fishery. The 
introduction of new gear could exacerbate the potential for localized 
depletion, increased bycatch, and problems associated with conflict/
competition between gear types.

Framework Procedure for Management Measures

    This rule proposes a framework procedure by which adjustments could 
be made in a timely manner to the management measures applicable to the 
Atlantic dolphin and wahoo fishery. The adjustment procedure is 
virtually identical to that currently in effect for the management of 
snapper-grouper, wreckfish, and golden crab in the South Atlantic EEZ 
and is discussed at length in the FMP. These measures include: Biomass 
levels, age-structured analyses, MSY, OY, ABC, TAC, trip limits, 
minimum sizes, gear regulations and restrictions, permit requirements, 
seasonal or area closures, sub-zones and their management measures, 
overfishing definitions and other status determination criteria, time 
frame for

[[Page 62271]]

recovery of Atlantic dolphin or wahoo if overfished, fishing year 
(adjustment not to exceed 2 months), authority for the RA to close a 
fishery when a quota is reached or is projected to be reached or reopen 
a fishery when additional quota becomes available, definitions of 
essential fish habitat, and essential fish habitat HAPCs or Coral 
HAPCs.

Additional Measures in the FMP

    In addition to the measures described above, for the management of 
dolphin and wahoo the FMP would specify the management unit and fishing 
year, EFH, and EFH-HAPC as follows:
    Management unit - The population of dolphin (Coryphaena equiselis 
or C. hippurus) and wahoo (Acanthocybium solandri) in the Atlantic EEZ 
and in adjoining state waters.
    Fishing year - January 1 through December 31.
    EFH - The Gulf Stream, Charleston Gyre, Florida Current, and 
Pelagic Sargassum.
    EFH-HAPC - Off North Carolina: the Point, Ten-Fathom Ledge, and Big 
Rock; off South Carolina: the Charleston Bump and Georgetown Hole; off 
Florida: the Point off Jupiter Inlet, the Hump off Islamorada, Marathon 
Hump, and the Wall off the Keys; and in the Atlantic EEZ: Pelagic 
Sargassum.
    The FMP would also specify MSY, OY, MFMT, MSST. Because data for 
these values are not discrete for Atlantic dolphin and wahoo, they are 
based on dolphin and wahoo in the Atlantic, U.S. Caribbean, and Gulf of 
Mexico and are as follows:
    MSY: Dolphin - Between 18.8 and 46.5 million lb (8.5 and 21.1 
million kg).
    Wahoo - Between 1.41 and 1.63 million lb (.64 and .74 million kg).
    OY: Dolphin - Between 14.1 and 34.9 million lb (6.4 and 15.8 
million kg).
    Wahoo - Between 1.41 and 1.63 million lb (.64 and .74 million kg).
    MFMT: Dolphin and wahoo - A fishing mortality rate (F) in excess 
FMSY(F30%Static SPR).
    MSST: Dolphin and wahoo - A ratio of current biomass 
(Bcurrent) to biomass at MSY or (1-M) times BMSY, 
where 1-M should never be less than 0.5.
    In addition, the FMP would establish an annual cap of 1.5 million 
lb (.68 million kg) or 13 percent of total landings, whichever is 
greater, for the commercial fishery for dolphin in the Atlantic EEZ. 
Should the catch exceed this level, the Council would review data and 
evaluate the need for additional regulations.

Availability of the FMP

    Additional background and rationale for management of dolphin and 
wahoo are contained in the FMP. The availability of the FMP was 
announced in the Federal Register on September 26, 2003 (68 FR 55573). 
Written comments on the FMP must be received by November 25, 2003. In 
the preamble to the final rule, NMFS will address all comments received 
on the FMP or on this proposed rule that are received during their 
respective comment periods.

Classification

    At this time, NMFS has not determined that the FMP is consistent 
with the national standards of the Magnuson-Stevens Act and other 
applicable laws. In making that determination, NMFS will take into 
account the data, views, and comments received during the comment 
period.
    This proposed rule has been determined to be not significant for 
purposes of E.O. 12866.
    NMFS prepared an IRFA, based on the RIR, for this proposed rule. A 
summary of the IRFA follows.
    The Magnuson-Stevens Act provides the statutory basis for the rule. 
The objectives of the proposed rule are to address local reduction in 
fish abundance, market disruption, inter-sector conflict and reduced 
social and economic benefits. The proposed rule would create permit 
requirements and trip, bag and size limits; specify allowable gear; 
place restrictions on recreational sales; and establish reporting 
requirements. In addition, the FMP would establish biological 
parameters that would not appear in codified text.
    No duplicative, overlapping, or conflicting Federal rules have been 
identified.
    Approximately 1,700-3,300 vessels and/or Florida Saltwater Product 
Licensees (SPLs) were identified with logbook- or trip-ticket reported 
commercial landings of dolphin and wahoo on the U.S. Atlantic coast 
during at least one year of the 1996-2002 period. This period of 
assessment is relevant since it allows identification of permit 
qualifiers based on fishery participation during the January 1, 1996, 
through May 21, 1999, period, as well as identification of current 
participants that would not be expected to qualify for a permit. On 
average, the annual gross revenue by these entities varied from $4,000 
to $123,000. Of these vessels, the larger vessels participate in the 
Atlantic Highly Migratory Species (HMS) longline fishery and landed 
approximately ten times as much dolphin and wahoo as the smaller 
Southeast coastal fisheries vessels and the Florida SPLs. The smaller 
vessels, however, were relatively more dependent on revenue from the 
harvest of dolphin and wahoo.
    The proposed rule would establish four types of permits to allow 
continued operation in the dolphin or wahoo fishery: a dealer permit, a 
commercial vessel permit, a for-hire vessel (charter vessel or 
headboat) permit, and an operator permit for either commercial or for-
hire vessels. A for-hire vessel could possess both a commercial vessel 
permit and a for-hire vessel permit if qualifying criteria for both 
permits were met.
    Approximately 1,300 vessels are expected to qualify for the 
commercial vessel dolphin-wahoo permit. This total includes strictly 
commercial vessels as well as those for-hire vessels that meet the 
commercial vessel permit requirements. All of these 1,300 vessels have 
documented Atlantic coast landings of dolphin and wahoo, and most would 
qualify on the basis of already having Federal permits for commercial 
fishing in the EEZ for snapper-grouper, king mackerel, or swordfish, as 
specified in the proposed FMP. An owner may also qualify for a 
commercial vessel permit if he/she derived at least 25 percent of his/
her earned income, or at least $10,000, from commercial or for-hire 
fishing, during one of the 3 calendar years 1996, 1997, or 1998, and 
the owner can document that he/she owned a vessel that landed and sold 
at least 250 lb (113 kg) of dolphin and/or wahoo harvested from the 
Atlantic during one of the 3 calendar years 1996, 1997, 1998, or during 
the period January 1, 1999, through May 21, 1999. Among the estimated 
1,300 vessels discussed above, there are only a few that are expected 
to qualify for a commercial permit on the basis of meeting the 250-lb 
(113-kg) and $10,000 criteria of the proposed rule. The number of 
vessels that may qualify under the 250-lb (113-kg) and 25-percent 
earned income from fishing criteria cannot be determined since 
information on total earned income is unavailable at this time.
    As many as 900 additional vessels would qualify for a commercial 
vessel permit on the basis of having federal permits for commercial 
fishing in the EEZ for snapper-grouper, king mackerel, or swordfish. 
However, these vessels do not have documented Atlantic coast landings 
of dolphin or wahoo, and, therefore, there may be no incentive to 
obtain a permit, although applications might be submitted for 
speculative purposes. The number of vessels with snapper-grouper, king 
mackerel, or swordfish permits has declined over time because each of 
these three permits is either under a moratorium or limited

[[Page 62272]]

access program, and no new vessels can enter the fisheries, except via 
transfer and purchase of existing permits.
    There are 387-1,998 entities with logbook or trip-ticket reported 
commercial landings of dolphin and wahoo on the U.S. Atlantic coast 
during at least one year of the 1996-2002 period that are not expected 
to qualify for a commercial vessel dolphin and wahoo permit as a result 
of their inability to meet either the harvest or income requirements.
    In addition to the commercial entities discussed above, 
approximately 6,800 for-hire vessels on the U.S. Atlantic coast could 
obtain a for-hire vessel permit to harvest and possess, but not sell, 
dolphin and wahoo caught in the U.S. Atlantic EEZ. Average revenues for 
charter vessels are estimated at $26,000-$69,000, while average 
revenues for headboats are estimated at $123,000-$300,000.
    To obtain a commercial vessel permit, information must be provided 
to establish qualification, such as information on total earned income 
and fishing income in 1996, 1997, or 1998, and landings of dolphin and 
wahoo during the period January 1, 1996, through May 21, 1999. All of 
the required information is common in the successful operation of a 
fishing business and should, therefore, already be collected and 
maintained as standard operating practice by the business. A dealer 
permit requires possession of a state dealer's license and proof that 
the applicant has a physical facility at a fixed location in the state 
where the state license is issued. The dealer, if selected by the 
Science and Research Director, must additionally report data needed to 
monitor the dolphin and wahoo fisheries. Qualification for a for-hire 
permit simply requires an application. The requirements for the various 
permits and reporting do not require professional skills, and, 
therefore, may be deemed not to be onerous on the affected 
participants.
    There are two general classes of small business entities that would 
be directly affected by the proposed rule: commercial fishing vessels 
and for-hire (charter vessel or headboat) fishing vessels. The Small 
Business Administration defines a small business that engages in the 
charter fishing as a firm that is independently owned and operated, is 
not dominant in its field of operation, and has annual receipts up to 
$6.0 million per year. The revenue benchmark for a small business that 
engages in commercial fishing is a firm with receipts up to $3.5 
million. Based on the revenue profiles provided above, all commercial 
and for-hire entities operating in the dolphin and wahoo fisheries are 
considered small entities. Although the proposed rule will apply to all 
entities that operate in the dolphin and wahoo fisheries, the proposed 
rule is expected to adversely impact from 23-60 percent of entities 
currently operating in the fisheries (the 387-1,998 entities that are 
not expected to qualify for a permit).
    On average, the losses for the 387-1,998 entities that are not 
expected to qualify for the commercial vessel permit are estimated at 
4-32 percent of annual gross revenue. The dollar loss in gross revenue 
translates into loss in vessel profit, assuming no change in prices, 
trip costs, and fishing effort. Individually, these non-qualifying 
entities had annual gross revenues from fishing that ranged from less 
than $10 to $70,000 or more, and annual landings of dolphin and wahoo 
that ranged from less that 10 lb (4.5 kg) to 4,000 lb (1814 kg) or 
more. It is estimated that 58-476 out of the 387-1,998 entities that 
are not expected to qualify for a permit could be driven out of 
business, following a 50 percent-loss-in-gross criterion.
    The requirements for the dealer, for-hire vessel, and operator 
permits are not expected to restrict qualification for these permits. 
Costs of this proposed alternative will be limited to the permit fee, 
which is not onerous and is not expected to substantially affect 
business profits.
    Thirty-three of 201 vessels in the HMS longline fishery recorded 
trips in the area where the proposed 3,000-lb (1361-kg) dolphin trip 
limit would apply with landings in excess of the proposed limit, while 
53 of 1,076 vessels in the Southeast coastal fishery recorded trips in 
the area where the proposed 1,000-lb (454-kg) trip limit would apply 
with landings in excess of the proposed limit. Among Florida SPLs, 54 
of 2,697 SPLs recorded trips exceeding the 1,000-lb (454-kg) trip 
limit. As a result of the proposed limits, the HMS longline vessels 
could experience losses in annual gross revenue of approximately 
$2,100-$3,100, while the vessels in the Southeast coastal fishery and 
Florida SPLs could experience losses in annual gross revenue of 
approximately $800-$6,100. The dollar loss in gross revenue translates 
into a dollar loss in annual profit, assuming no change in prices, 
costs and fishing effort. The annual gross revenue for the impacted 
vessels averaged $185,000 per vessel for the HMS longline fishery, and 
$14,000-$33,000 for the Southeast coastal fishery vessels and Florida 
SPLs. The projected losses, therefore, equate to 1-2 percent for 
impacted vessels in the HMS longline fishery and 8-18 percent for 
impacted Southeast coastal vessels and impacted Florida SPLs.
    The proposed alternative for wahoo commercial trip limits is 
expected to reduce gross revenues by 6-8 percent for 10 vessels. This 
dollar loss in annual gross revenues, $500-$1,400 per vessel, 
translates directly into a loss in profits assuming no change in 
prices, trip costs and fishing effort.
    The proposed alternative for allowable gear is expected to reduce 
fishery profits for an unknown number of vessels by $11,000 a year 
(total reduction for all such vessels combined). Since available data 
do not allow the identification of the number of vessels this would 
impact, it is not possible to determine the average annual revenues of 
these vessels and, thus, it is not possible to determine the 
significance of this action with certainty. However, since the total 
impact is so small, the impact of this measure is not expected to be 
significant.
    The proposed alternative to prohibit the sale of recreationally 
caught dolphin and wahoo, except for for-hire vessels that possess the 
necessary state and Federal commercial permits, is not expected to 
adversely impact gross revenues or profits of small entities. Available 
data suggest that sales by for-hire vessels are from legally permitted 
commercial vessels. Further, there is no evidence to indicate that 
angler demand for for-hire services will decline as a result of 
recreational sales restrictions.
    The proposed alternative to establish a framework procedure is not 
expected to have any direct impacts on participants or profits since it 
merely establishes a structure for future action. Additionally, the 
proposed alternative to establish the fishing year will have no impact 
on fishing behavior and, therefore, have no impact on business profits.
    The impact of the proposed alternatives to establish recreational 
dolphin and wahoo bag limits, and recreational dolphin minimum size 
limits on for-hire profits cannot be determined. Although the proposed 
bag and size limits are expected to restrict the harvest behavior of 
some recreational anglers, there are insufficient data to establish the 
impact of these measures on angler demand for for-hire services and, 
hence, revenues or profits.
    The proposed dolphin minimum size limit is expected to reduce ex-
vessel revenues of commercial fishing operations that operate off 
Georgia and Florida by approximately 3 percent. In itself, this is not 
expected to be

[[Page 62273]]

significant. It cannot be determined, however, how this restriction 
will interact with the proposed trip limits.
    The proposed prohibition of surface and pelagic longline gear for 
dolphin and wahoo during time and area closures in the South Atlantic 
is not expected to result in any reduction in profits for current 
participants. It is not expected that any vessels would attempt to 
operate in this manner since they would have to give up their more 
valuable Highly Migratory Species permit in order to do so. Available 
data indicate that vessels cannot profitably operate exclusively for 
dolphin and wahoo.
    Among the 14 separate actions in the proposed rule, 11 are not 
expected to result in significant economic impacts. Seven of the 11 
actions have only two alternatives, the proposed action and status quo, 
and they have previously been discussed. For the four alternatives with 
more than two alternatives, the alternatives are as follows:
    The rejected alternatives respecting the sale of recreationally-
caught fish include (1) unregulated sale (no-action alternative), (2) a 
3-5 year phase out of sale by for-hire vessels with necessary 
commercial permits, and (3) no sale, whereas the preferred alternative 
would allow sale by for-hire vessels with the necessary commercial 
permits. The proposed alternative would have less economic impact on 
small entities than the 3-5 year phase out and no-sale alternatives. 
Compared with the no-action alternative, the proposed alternative is 
not expected to have a significant economic impact on for-hire vessels. 
Available data suggests that sales by for-hire vessels are from legally 
permitted commercial vessels. Further, there is no evidence to indicate 
that angler demand for for-hire services will decline as a result of 
the sales restrictions. NMFS determined that the proposed alternatives 
would best meet FMP objectives.
    To limit the possession and landing of dolphin and wahoo that are 
recreationally caught in the Atlantic EEZ, bag and/or boat limits are 
proposed. For dolphin, the rejected alternatives would provide (1) no 
bag or boat limit (no-action alternative), (2) a boat limit of 18-60 
fish, (3) a daily bag limit of 5-10 fish per person, excluding captain 
and crew on for-hire vessels, or (4) a daily bag limit of 10 fish per 
person or 60 fish per boat, whichever is less (with the 60 fish boat 
limit not applying north of 39o North (Delaware Bay, Delaware). The 
proposed alternative would establish a bag limit of 10 fish per person 
per day, or 60 fish per vessel, whichever is less, with the vessel 
limit not applying to headboats. For wahoo, the rejected alternatives 
would provide (1) no bag limit (no action alternative), or (2) a bag 
limit of 2 fish per person per day, excluding captain and crew, whereas 
the proposed alternative would establish a bag limit of 2 fish per 
person per day.
    Respecting the minimum size (fork length) for possession and 
landing of dolphin that is caught in the Atlantic EEZ, the rejected 
alternatives would provide (1) no minimum size (no-action alternative), 
or (2) an 18-24 inch minimum size, whereas the preferred alternative 
would establish a 20 inch minimum size for Florida and Georgia, and no 
minimum size limit farther north.
    Compared with the respective no-action alternatives, the impact of 
other alternatives to establish recreational dolphin and wahoo bag 
limits, and dolphin minimum size limits on for-hire profits cannot be 
determined. Although the proposed bag and size limits are expected to 
restrict the harvest behavior of some recreational anglers, there is 
insufficient data to establish the impact of these measures on angler 
demand for for-hire services and, hence, revenues or profits. None of 
these actions is expected to have a significant economic impact on for-
hire vessels. While the preferred alternative for minimum size limits 
for dolphin is expected to reduce ex-vessel revenue in Georgia and 
Florida for commercial vessels when compared with the no-action option, 
the economic impact on small entities is not expected to be 
significant. The proposed action covers just the EEZ off Georgia and 
Florida, whereas the rejected alternatives would apply to the entire 
Atlantic EEZ. The rejected alternative would cover a larger area than 
the proposed action and, therefore would be more restrictive. Further, 
although an 18- or 19-inch minimum size limit would be less restrictive 
than the proposed 20-inch minimum size, the rejected alternative would 
also allow for a minimum size limit that is more restrictive than the 
proposed action, i.e., limits greater than 20 inches. NMFS determined 
that the respective proposed alternatives for the bag and size limits 
would best meet FMP objectives.
    The proposed alternatives that specify the requirement for and 
qualifications of the commercial permit and establish the commercial 
wahoo trip limit are expected to cause direct negative economic 
impacts, as described above, but have only status quo measures (no-
action alternative) as considered alternatives. Since maintaining the 
status quo would impose no new restriction, the adverse impacts of the 
proposed measures would be eliminated/avoided. However, the status quo 
alternatives would not meet the Council's objectives.
    The proposed alternative that establishes the commercial dolphin 
trip limit is expected to cause direct negative economic impacts, as 
described above, and has, in addition to a no-action alternative, an 
alternative that would specify a trip limit of from 1,000 to 5,000 lb 
(454 to 2,268 kg). Depending upon the amount specified, the 1,000-5,000 
lb (454-2,268 kg) trip limit may have more or less negative economic 
impact than the proposed 1,000/3,000-lb (454/1,361-kg) trip limit, 
which is expected to result in an annual loss of $96,000. A 1,000-lb 
(454-kg) trip limit would result in an expected loss of $157,000 per 
year, while 3,000-lb (1,361-kg) and 5,000-lb (2,268-kg) trip limits 
will result in losses of $50,000 and $22,000 per year, respectively. 
Thus, the proposed alternative will result in a lower loss than a 
1,000-lb (454-kg) limit, while the 3,000-lb (1,361-kg) limit will 
reduce the annual loss by $46,000 and the 5,000-lb (2,268-kg) limit 
will reduce the annual loss by $74,000. NMFS concluded, however, that 
the more liberal limits would not best achieve the goals of the FMP.
    In conclusion, the proposed rule would affect all entities that 
operate in the dolphin and wahoo fisheries and all such entities are 
small entities. Further, the proposed rule is expected to adversely 
impact from 23-60 percent of the small entities currently operating in 
the commercial dolphin and wahoo fishery. Those entities expected to be 
adversely impacted by the proposed rule are expected to experience, on 
average, an estimated 4-32 percent reduction in annual gross revenue. 
These losses are expected to result in 58-476 vessels potentially being 
driven out of business, following a 50 percent-loss-in-gross criterion. 
Additionally, the approximate 1,300 vessels/SPLs that are projected to 
qualify for the proposed permit are expected to experience losses in 
profits of 1-18 percent attributable to the proposed dolphin trip 
limits.
    Copies of the IRFA and RIR are available upon request (see 
ADDRESSES).
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirements 
of the Paperwork Reduction Act unless that collection of information 
displays a currently valid OMB control number.
    This rule contains collection-of-information requirements subject 
to the Paperwork Reduction Act (PRA) and

[[Page 62274]]

that have been submitted to OMB for approval. These requirements and 
the estimated public reporting burden for them are: 20 minutes for a 
charter vessel/headboat permit application or commercial vessel permit 
application; 60 minutes for commercial vessel records including a 
listing of landings; 5 minutes for a request to add the commercial 
vessel permit or charter vessel permit to a vessel already holding 
other vessel permits; 5 minutes for a dealer permit application; 60 
minutes for an operator permit application; 12 minutes for a vessel 
catch and effort report; 2 minutes per form to prepare a no-fishing 
report; and 15 minutes for a dealer monthly report of dolphin and wahoo 
receipts and prices.
    The requirement for a commercial vessel or charter vessel/headboat 
permit automatically makes the permit holder subject to a requirement 
that the vessel display its official number. This requirement has also 
been submitted to OMB for approval. The reporting burden for the 
display of a vessel's official number is estimated at 45 minutes per 
response.
    The estimates of public reporting burdens for these collections of 
information include the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information.
    NMFS seeks your comments regarding: Whether these proposed 
collections of information are necessary for the proper performance of 
the functions of the agency, including whether the information has 
practical utility; the accuracy of the burden estimates; ways to 
enhance the quality, utility, and clarity of the information to be 
collected; and ways to minimize the burdens of the collection of 
information, including through the use of automated collection 
techniques or other forms of information technology. Send comments 
regarding these or any other aspects of the collections of information 
to NMFS and OMB (see ADDRESSES).

List of Subjects

50 CFR Part 600

    Administrative practice and procedure, Confidential business 
information, Fisheries, Fishing, Fishing vessels, Foreign relations, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Statistics.

50 CFR Part 622

    Fisheries, Fishing, Puerto Rico, Reporting and recordkeeping 
requirements, Virgin Islands.

    Dated: October 27, 2003.
Rebecca Lent,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out in the preamble, 50 CFR parts 600 and 622 
are proposed to be amended as follows:

PART 600--MAGNUSON-STEVENS ACT PROVISIONS

    1. The authority citation for part 600 continues to read as 
follows:

    Authority: 5 U.S.C. 561 and 16 U.S.C. 1801 et seq.
    2. In Sec.  600.10, definitions are added in alphabetical order to 
read as follows:


Sec.  600.10  Definitions.

* * * * *
    Automatic reel means a reel that remains attached to a vessel when 
in use from which a line and attached hook(s) are deployed. The line is 
payed out from and retrieved on the reel electrically or hydraulically.
* * * * *
    Pelagic longline means a longline that is suspended by floats in 
the water column and that is not fixed to or in contact with the ocean 
bottom.
* * * * *
    3. In Sec.  600.725, in paragraph (v) table, under heading ``I. New 
England Fishery Management Council (NEFMC),'' add entry 24; under 
heading ``II. Mid-Atlantic Fishery Management Council (MAFMC),'' add 
entry 28; and under heading ``III. South Atlantic Fishery Management 
Council,'' add entry 24; new entries are added in numerical order to 
read as follows:


Sec.  600.725  General prohibitions.

* * * * *
    (v) * * *

------------------------------------------------------------------------
                  Fishery                       Authorized gear types
------------------------------------------------------------------------
I. New England Fishery Management Council (NEFMC)
 
                              * * * * * * *
24. Dolphin/wahoo fishery (FMP managed by    Automatic reel, bandit
 SAFMC)                                       gear, handline, pelagic
                                              longline, rod and reel,
                                              spear (including
                                              powerheads).
II. Mid-Atlantic Fishery Management Council (MAFMC)
 
                              * * * * * * *
28. Dolphin/wahoo fishery (FMP managed by    Automatic reel, bandit
 SAFMC)                                       gear, handline, pelagic
                                              longline, rod and reel,
                                              spear (including
                                              powerheads).
III. South Atlantic Fishery Management Council (SAFMC)
 
                              * * * * * * *
24. Dolphin/wahoo fishery (FMP managed by    Automatic reel, bandit
 SAFMC)                                       gear, handline, pelagic
                                              longline, rod and reel,
                                              spear (including
                                              powerheads).
                              * * * * * * *
------------------------------------------------------------------------

PART 622--FISHERIES OF THE CARIBBEAN, GULF, AND SOUTH ATLANTIC

    4. The authority citation for part 622 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq.
    5. In Sec.  622.1, the first sentence of paragraph (b) is revised 
and in Table 1, the following entry is added in alphabetical order to 
read as follows:


Sec.  622.1  Purpose and scope.

* * * * *
    (b) This part governs conservation and management of species 
included in the FMPs in or from the Caribbean, Gulf, Mid-Atlantic, 
South Atlantic, or Atlantic EEZ, as indicated in Table 1 of this 
section. * * *

[[Page 62275]]



                Table 1.--FMPs Implemented Under Part 622
------------------------------------------------------------------------
                                 Responsible fishery      Geographical
          FMP title             management council(s)         area
------------------------------------------------------------------------
 
                              * * * * * * *
FMP for the Dolphin and Wahoo                    SAFMC          Atlantic
 Fishery off the Atlantic
 States......................
 
                              * * * * * * *
------------------------------------------------------------------------

    6. In Sec.  622.2, in the definition of ``Coastal migratory pelagic 
fish,'' paragraph (4) and the definition of ``Dealer'' are revised, and 
definitions of ``Atlantic,'' ``Dolphin,'' ``North Atlantic,'' ``Pelagic 
longline,'' and ``Whaoo'' are added in alphabetical order to read as 
follows:


Sec.  622.2  Definitions and acronyms.

* * * * *
    Atlantic means the North Atlantic, Mid-Atlantic, and South 
Atlantic.
* * * * *
    Coastal migratory pelagic fish * * *
    (4) Dolphin, Coryphaena hippurus (Gulf of Mexico only).
* * * * *
    Dealer (in addition to the definition specified in Sec.  600.10 of 
this chapter) means the person who first receives rock shrimp harvested 
from the EEZ or dolphin or wahoo harvested from the Atlantic EEZ upon 
transfer ashore.
    Dolphin means the species Coryphaena equiselis or C. hippurus, or a 
part thereof, in the Atlantic. (See the definition of Coastal migratory 
pelagic fish for dolphin in the Gulf of Mexico.)
* * * * *
    North Atlantic means the Atlantic Ocean off the Atlantic coastal 
states from the boundary between the United States and Canada to the 
boundary between the New England Fishery Management Council and the 
MAFMC, as specified in Sec.  600.105(a) of this chapter.
* * * * *
    Pelagic longline means a longline that is suspended by floats in 
the water column and that is not fixed to or in contact with the ocean 
bottom.
* * * * *
    Wahoo means the species Acanthocybium solandri, or a part thereof, 
in the Atlantic.
* * * * *
    7. In Sec.  622.4, the first sentence of paragraph (a)(4), 
paragraphs (a)(5), (g)(1), and the last sentence of paragraph (i) are 
revised, and paragraphs (a)(1)(i)(E), (a)(2)(xii), and (s) are added to 
read as follows:


Sec.  622.4  Permits and fees.

    (a) * * *
    (1) * * *
    (i) * * *
    (E) Atlantic dolphin and wahoo. (See paragraph (a)(5) of this 
section for the requirements for operator permits in the dolphin and 
wahoo fishery.)
* * * * *
    (2) * * *
    (xii) Atlantic dolphin and wahoo. (A) For a person aboard a vessel 
to be eligible for exemption from the bag and possession limits for 
dolphin or wahoo in or from the Atlantic EEZ or to sell such dolphin or 
wahoo, a commercial vessel permit for Atlantic dolphin and wahoo must 
be issued to the vessel and must be on board, except as provided in 
paragraph (a)(2)(xii)(B) of this section. (See paragraph (a)(5) of this 
section for the requirements for operator permits in the Atlantic 
dolphin and wahoo fishery).
    (B) The provisions of paragraph (a)(2)(xii)(A) of this section 
notwithstanding, a fishing vessel, except a vessel operating as a 
charter vessel or headboat, that does not have a commercial vessel 
permit for Atlantic dolphin and wahoo but has a Federal commercial 
vessel permit in any other fishery, is exempt from the bag and 
possession limits for dolphin and wahoo and may sell dolphin and wahoo, 
subject to the trip and geographical limits specified in Sec.  
622.44(f)(2). (A charter vessel/headboat permit is not a commercial 
vessel permit.)
* * * * *
    (4) Dealer permits. For a dealer to receive Gulf reef fish, golden 
crab harvested from the South Atlantic EEZ, South Atlantic snapper-
grouper, rock shrimp harvested from the South Atlantic EEZ, dolphin or 
wahoo harvested from the Atlantic EEZ, or wreckfish, a dealer permit 
for Gulf reef fish, golden crab, South Atlantic snapper-grouper, rock 
shrimp, Atlantic dolphin and wahoo, or wreckfish, respectively, must be 
issued to the dealer. * * *
    (5) Operator permits. (i) The following persons are required to 
have operator permits:
    (A) An operator of a vessel that has or is required to have a valid 
permit for South Atlantic rock shrimp issued under this section.
    (B) An operator of a vessel that has or is required to have a 
charter vessel/headboat or commercial permit for Atlantic dolphin and 
wahoo issued under this section.
    (ii) A person required to have an operator permit under paragraph 
(a)(5)(i) of this section must carry on board such permit and one other 
form of personal identification that includes a picture (driver's 
license, passport, etc.).
    (iii) An owner of a vessel that is required to have a permitted 
operator under paragraph (a)(5)(i) of this section must ensure that at 
least one person with a valid operator permit is aboard while the 
vessel is at sea or offloading.
    (iv) An owner of a vessel that is required to have a permitted 
operator under paragraph (a)(5)(i) of this section and the operator of 
such vessel are responsible for ensuring that a person whose operator 
permit is suspended, revoked, or modified pursuant to subpart D of 15 
CFR part 904 is not aboard that vessel.
* * * * *
    (g) Transfer--(1) Vessel permits, licenses, and endorsements and 
dealer permits. A vessel permit, license, or endorsement or a dealer 
permit issued under this section is not transferable or assignable, 
except as provided in paragraph (m) of this section for a commercial 
vessel permit for Gulf reef fish, in paragraph (n) of this section for 
a fish trap endorsement, in paragraph (o) of this section for a Gulf 
king mackerel gillnet endorsement, in paragraph (p) of this section for 
a red snapper license, in paragraph (q) of this section for a 
commercial vessel permit for king mackerel, in paragraph (r) of this 
section for a charter vessel/headboat permit for Gulf coastal migratory 
pelagic fish or Gulf reef fish, in paragraph (s) of this section for a 
commercial vessel permit for dolphin and wahoo, in Sec.  622.17(c) for 
a commercial vessel permit for golden crab, in Sec.  622.18(e) for a 
commercial vessel permit for South Atlantic snapper-grouper, or in 
Sec.  622.19(e) for a commercial vessel permit for South

[[Page 62276]]

Atlantic rock shrimp. A person who acquires a vessel or dealership who 
desires to conduct activities for which a permit, license, or 
endorsement is required must apply for a permit, license, or 
endorsement in accordance with the provisions of this section. If the 
acquired vessel or dealership is currently permitted, the application 
must be accompanied by the original permit and a copy of a signed bill 
of sale or equivalent acquisition papers.
* * * * *
    (i) * * * An operator of a vessel in a fishery in which an operator 
permit is required must present his/her operator permit and one other 
form of personal identification that includes a picture (driver's 
license, passport, etc.) for inspection upon the request of an 
authorized officer.
* * * * *
    (s) Commercial vessel permits for Atlantic dolphin and wahoo--(1) 
Eligibility. (i) An owner of a vessel may obtain a commercial vessel 
permit for Atlantic dolphin and wahoo if his/her vessel has a Federal 
commercial permit for king mackerel, South Atlantic snapper-grouper, or 
Atlantic swordfish.
    (ii) An owner may also obtain a commercial vessel permit for 
Atlantic dolphin and wahoo if he/she--
    (A) Derived at least 25 percent of his/her earned income, or at 
least $10,000, from commercial fishing (i.e., harvest and first sale of 
fish) or from charter vessel/headboat fishing during one of the 3 
calendar years 1996, 1997, or 1998; and
    (B) Owned a vessel that landed and sold at least 250 lb (113 kg) of 
dolphin and/or wahoo harvested from the Atlantic during one of the 3 
calendar years 1996, 1997, 1998, or during the period January 1, 1999, 
through May 21, 1999.
    (2) Applications based on permits for king mackerel, South Atlantic 
snapper-grouper, or Atlantic swordfish. A vessel owner who desires a 
commercial vessel permit for Atlantic dolphin and wahoo based on having 
one of the permits specified in paragraph (s)(1)(i) of this section 
must submit a request for the addition of Atlantic dolphin and wahoo to 
his/her permit to the RA.
    (3) Applications based on earned income/landings. (i) A vessel 
owner who desires a commercial vessel permit for Atlantic dolphin and 
wahoo based on the earned income and landings criteria in paragraph 
(s)(1)(ii) of this section must submit an application for such permit 
to the RA. Application forms are available from the RA.
    (ii) Information requested on the application includes the standard 
information required in paragraph (b)(3)(ii) of this section and 
documentation of earned income and landings, as specified in paragraph 
(s)(1)(ii) of this section. The landings requirement must be documented 
by a listing of landings by date, species, amount, and dealer. Only 
qualifying landings verified by reports received or dealer records 
dated on or before June 21, 1999, by the following would qualify: (1) 
Fishing vessel logbooks received by the Science and Research Director 
of either the NMFS' Southeast or Northeast Fisheries Science Centers; 
(2) state trip ticket systems; or (3) for landings not covered by 
vessel logbook or state trip ticket system requirements, dealer records 
accompanied by signed affidavits. Dealer records must definitively show 
dates and amounts of landings of the species known as dolphin and/or 
wahoo and the vessel's name, official number, or other reference that 
clearly identifies the vessel. Dealer records must contain a sworn 
affidavit by the dealer confirming the accuracy and authenticity of the 
records. A sworn affidavit is a written statement wherein the 
individual signing the affidavit affirms that the information presented 
is accurate and can be substantiated, under penalty of law. Only 
landings that were harvested, landed, and sold in compliance with state 
and Federal regulations will be used to establish eligibility.
    (4) Transfer. An owner of a vessel that has a commercial vessel 
permit for Atlantic dolphin and wahoo may request that the RA transfer 
the permit to another vessel owned by the same entity or he/she may 
request that the RA transfer the permit to a new owner of the vessel 
when he/she transfers ownership of the vessel. Such request must be 
accompanied by the existing permit and an application for a permit for 
the replacement vessel.
    8. In Sec.  622.5, paragraphs (a)(1)(vi) and (c)(8) are added, and 
the first sentence of paragraph (a)(2)(i) and paragraph (b)(1) are 
revised to read as follows:


Sec.  622.5  Recordkeeping and reporting.

* * * * *
    (a) * * *
    (1) * * *
    (vi) Atlantic dolphin and wahoo. The owner or operator of a vessel 
for which a commercial permit for Atlantic dolphin and wahoo has been 
issued, as required under Sec.  622.4 (a)(2)(xii), or whose vessel 
fishes for or lands Atlantic dolphin or wahoo in or from state waters 
adjoining the Atlantic EEZ, who is selected to report by the SRD must 
maintain a fishing record on a form available from the SRD and must 
submit such record as specified in paragraph (a)(2) of this section.
    (2) Reporting deadlines. (i) Completed fishing records required by 
paragraphs (a)(1)(i), (ii), (iv), and (vi) of this section must be 
submitted to the SRD postmarked not later than 7 days after the end of 
each fishing trip. * * *
* * * * *
    (b) Charter vessel/headboat owners and operators--(1) Coastal 
migratory pelagic fish, reef fish, snapper-grouper, and Atlantic 
dolphin and wahoo. The owner or operator of a vessel for which a 
charter vessel/headboat permit for Gulf coastal migratory pelagic fish, 
South Atlantic coastal migratory pelagic fish, Gulf reef fish, South 
Atlantic snapper-grouper, or Atlantic dolphin and wahoo has been 
issued, as required under Sec.  622.4(a)(1), or whose vessel fishes for 
or lands such coastal migratory pelagic fish, reef fish, snapper-
grouper, or Atlantic dolphin or wahoo in or from state waters adjoining 
the applicable Gulf, South Atlantic, or Atlantic EEZ, who is selected 
to report by the SRD must maintain a fishing record for each trip, or a 
portion of such trips as specified by the SRD, on forms provided by the 
SRD and must submit such record as specified in paragraph (b)(2) of 
this section.
* * * * *
    (c) * * *
    (8) Atlantic dolphin and wahoo. (i) A dealer who has been issued a 
permit for Atlantic dolphin and wahoo, as required under Sec.  
622.4(a)(4), and who is selected by the SRD must provide information on 
receipts of Atlantic dolphin and wahoo and prices paid on forms 
available from the SRD. The required information must be submitted to 
the SRD at monthly intervals postmarked not later than 5 days after the 
end of each month. Reporting frequencies and reporting deadlines may be 
modified upon notification by the SRD.
    (ii) For the purposes of paragraph (c)(8)(i) of this section, in 
the states from Maine through Virginia, or in the waters off those 
states, ``SRD'' means the Science and Research Director, Northeast 
Fisheries Science Center, NMFS, (see Table 1 of Sec.  600.502 of this 
chapter), or a designee.
    (iii) On demand, a dealer who has been issued a dealer permit for 
Atlantic dolphin and wahoo, as required under Sec.  622.4(a)(4), must 
make available to an authorized officer all records of offloadings, 
purchases, or sales of dolphin and wahoo.
* * * * *
    9. In Sec.  622.7, paragraph (b) is revised to read as follows:

[[Page 62277]]

Sec.  622.7  Prohibitions.

* * * * *
    (b) Falsify information on an application for a permit, license, or 
endorsement or submitted in support of such application, as specified 
in Sec.  622.4(b), (g), (p), (q), (r), or (s), or in Sec.  622.18, or 
in Sec.  622.19.
* * * * *
    10. In Sec.  622.35, the section heading is revised and paragraph 
(h) is added to read as follows:


Sec.  622.35  Atlantic EEZ seasonal and/or area closures.

* * * * *
    (h) Dolphin/wahoo closed areas. (1) If pelagic longline gear is on 
board a vessel, a person aboard such vessel may not fish for or retain 
a dolphin or wahoo--
    (i) In the Northeastern United States closed area from June 1 
through June 30 each year. The Northeastern United States closed area 
is that portion of the EEZ between 40[deg] N. lat. and 39[deg] N. lat. 
from 68[deg] W. long. to 74[deg] W. long.
    (ii) In the Charleston Bump closed area from February 1 through 
April 30 each year. The Charleston Bump closed area is that portion of 
the EEZ off North Carolina, South Carolina, and Georgia between 34[deg] 
N. lat. and 31[deg] N. lat. and west of 76[deg] W. long.
    (iii) In the East Florida Coast closed area year round. The East 
Florida Coast closed area is that portion of the EEZ off Georgia and 
the east coast of Florida from the inner boundary of the EEZ at 31[deg] 
N. lat.; thence due east to 78[deg] W. long.; thence by a rhumb line to 
28[deg]17' N. lat., 79[deg]12' W. long.; thence proceeding in a 
southerly direction along the outer boundary of the EEZ to 24[deg] N. 
lat.; thence due west to 24[deg] N. lat., 81[deg]47' W. long.; thence 
due north to the innermost boundary of the EEZ at 81[deg]47' W. long.
    (2) A vessel is considered to have pelagic longline gear on board 
when a power-operated longline hauler, a mainline, floats capable of 
supporting the mainline, and gangions with hooks are on board. Removal 
of any one of these elements constitutes removal of pelagic longline 
gear.
    (3) If a vessel is in a closed area during a time specified in 
paragraph (h)(1) of this section with pelagic longline gear on board, 
it is a rebuttable presumption that fish on board such vessel were 
taken with pelagic longline gear in the closed area.
    11. In Sec.  622.37, paragraph (h) is added to read as follows:


Sec.  622.37  Size limits.

* * * * *
    (h) Dolphin in the Atlantic off Florida and off Georgia--20 inches 
(50.8 cm), fork length.
    12. In Sec.  622.38, paragraph (a) is revised to read as follows:


Sec.  622.38  Landing fish intact.

* * * * *
    (a) The following must be maintained with head and fins intact: 
Cobia, king mackerel, and Spanish mackerel in or from the Gulf, Mid-
Atlantic, or South Atlantic EEZ, except as specified for king mackerel 
in paragraph (g) of this section; dolphin and wahoo in or from the 
Atlantic EEZ; South Atlantic snapper-grouper in or from the South 
Atlantic EEZ, except as specified in paragraph (h) of this section; 
yellowtail snapper in or from the Caribbean EEZ; and finfish in or from 
the Gulf EEZ, except as specified in paragraphs (c) and (d) of this 
section. Such fish may be eviscerated, gilled, and scaled, but must 
otherwise be maintained in a whole condition.
* * * * *
    13. In Sec.  622.39, paragraph (f) is added to read as follows:


Sec.  622.39  Bag and possession limits.

* * * * *
    (f) Atlantic dolphin and wahoo. Bag and possession limits are as 
follows:
    (1) Dolphin--10, not to exceed 60 per vessel, whichever is less, 
except, on board a headboat, 10 per paying passenger.
    (2) Wahoo--2.
    14. In Sec.  622.41, paragraph (c)(1)(v) is revised and paragraph 
(l) is added to read as follows:


Sec.  622.41  Species specific limitations.

* * * * *
    (c) * * *
    (1) * * *
    (v) Cobia in the Mid-Atlantic and South Atlantic EEZ and little 
tunny in the South Atlantic EEZ south of 34[deg]37.3' N. lat.--
automatic reel, bandit gear, handline, rod and reel, and pelagic 
longline.
* * * * *
    (l) Atlantic dolphin and wahoo--(1) Authorized gear. The following 
are the only authorized gear types in the fisheries for dolphin and 
wahoo in the Atlantic EEZ: Automatic reel, bandit gear, handline, 
pelagic longline, rod and reel, and spearfishing gear (including 
powerheads). A person aboard a vessel in the Atlantic EEZ that has on 
board gear types other than authorized gear types may not possess a 
dolphin or wahoo.
    (2) Sea turtle protection measures applicable to pelagic 
longliners. The owner or operator of a vessel for which a commercial 
permit for Atlantic dolphin and wahoo has been issued, as required 
under Sec.  622.4(a)(2)(xii), and that has on board a pelagic longline 
must post inside the wheelhouse the sea turtle handling and release 
guidelines provided by NMFS. Such owner or operator must also comply 
with the sea turtle bycatch mitigation measures, including gear 
requirements and sea turtle handling requirements, as specified in 
Sec.  635.21(c)(5)(i) and (ii) of this chapter, respectively. For the 
purpose of this paragraph, a vessel is considered to have pelagic 
longline gear on board when a power-operated longline hauler, a 
mainline, floats capable of supporting the mainline, and leaders 
(gangions) with hooks are on board. Removal of any one of these 
elements constitutes removal of pelagic longline gear.
    15. In Sec.  622.44, paragraph (f) is added to read as follows:


Sec.  622.44  Commercial trip limits.

* * * * *
    (f) Atlantic dolphin and wahoo. (1) The following trip limits apply 
to a vessel that has a Federal commercial permit for Atlantic dolphin 
and wahoo, provided that the vessel is not operating as a charter 
vessel or headboat:
    (i) Dolphin--(A) In or from the Atlantic EEZ north of 31[deg] N. 
lat., 3,000 lb (1,361 kg).
    (B) In or from the Atlantic EEZ south of 31[deg] N. lat,, 1,000 lb 
(454 kg).
    (ii) Wahoo. In or from the Atlantic EEZ, 500 lb (227 kg).
    (2) The trip limit for a vessel that does not have a Federal 
commercial vessel permit for Atlantic dolphin and wahoo but has a 
Federal commercial vessel permit in any other fishery is 200 lb (91 kg) 
of dolphin and wahoo, combined, provided that all fishing on and 
landings from that trip are north of 39[deg] N. lat. (A charter vessel/
headboat permit is not a commercial vessel permit.)
    16. In Sec.  622.45, paragraph (i) is added to read as follows:


Sec.  622.45  Restrictions on sale/purchase.

* * * * *
    (i) Atlantic dolphin and wahoo. (1) A person may sell dolphin or 
wahoo harvested in the Atlantic EEZ only if it is harvested by a vessel 
that has a commercial permit for Atlantic dolphin and wahoo, as 
required under Sec.  622.4(a)(2)(xii)(A), or by a vessel authorized a 
200-lb (91-kg) trip limit for dolphin or wahoo, as specified in Sec.  
622.44(f)(2), and only to a dealer who has a permit for Atlantic 
dolphin or wahoo, as required under Sec.  622.4(a)(4).
    (2) In addition to the provisions of paragraph (i)(1) of this 
section, a person

[[Page 62278]]

may not sell dolphin in excess of the bag limit or any wahoo harvested 
in the Atlantic EEZ by a vessel while it was operating as a charter 
vessel or headboat.
    (3) Dolphin or wahoo harvested in the Atlantic EEZ may be purchased 
only by a dealer who has a permit for Atlantic dolphin and wahoo and 
only from a vessel authorized to sell dolphin or wahoo under paragraph 
(i)(1) or (i)(2) of this section.
    17. In Sec.  622.48, paragraph (m) is added to read as follows:


Sec.  622.48  Adjustment of management measures.

* * * * *
    (m) Atlantic dolphin and wahoo. Biomass levels, age-structured 
analyses, MSY, OY, ABC, TAC, trip limits, minimum sizes, gear 
regulations and restrictions, permit requirements, seasonal or area 
closures, sub-zones and their management measures, overfishing 
definitions and other status determination criteria, time frame for 
recovery of Atlantic dolphin or wahoo if overfished, fishing year 
(adjustment not to exceed 2 months), authority for the RA to close a 
fishery when a quota is reached or is projected to be reached or reopen 
a fishery when additional quota becomes available, definitions of 
essential fish habitat, and essential fish habitat HAPCs or Coral 
HAPCs.
[FR Doc. 03-27515 Filed 10-31-03; 8:45 am]
BILLING CODE 3510-22-S