[Federal Register Volume 69, Number 103 (Thursday, May 27, 2004)]
[Rules and Regulations]
[Pages 30235-30243]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11907]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 600 and 622

[Docket No. 031007250-4079-02; 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: Final rule.

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SUMMARY: NMFS issues this final rule to implement the approved measures 
of 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 final rule will require vessel owners 
to obtain commercial vessel and charter vessel/headboat permits and, if 
selected, submit reports; require operators of commercial vessels, 
charter vessels, and headboats to obtain operator permits; require 
dealers to obtain permits and, if selected, submit reports; establish 
bag 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. The FMP also 
specifies 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). In addition, NMFS 
informs the public of the approval by the Office of Management and 
Budget (OMB) of the collection-of-information requirements contained in 
this final rule and publishes the OMB control numbers for those 
collections. The intended effects are to conserve and manage dolphin 
and wahoo and to ensure that no new fisheries for dolphin and wahoo 
develop.

DATES: This final rule is effective June 28, 2004, except for the 
amendments to Sec. Sec.  622.4(a)(1)(i)(E), 622.4(a)(2)(xii), 
622.4(a)(4), 622.5(a)(1)(vi), 622.5(a)(2)(i), 622.5(b)(1), 622.5(c)(8), 
622.39(f), 622.41(l)(2), 622.44(f), and 622.45(i) that are effective 
September 24, 2004 and the amendments to Sec.  622.4(a)(5) and 622.4(i) 
that are effective November 23, 2004.

ADDRESSES: Copies of the Final Regulatory Flexibility Analysis (FRFA) 
may be obtained from NMFS, Southeast Regional Office, 9721 Executive 
Center Drive N., St. Petersburg, FL 33702.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
final 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).
    On September 26, 2003, NMFS announced the availability of the FMP 
and requested comments on it (68 FR 55573). NMFS published a proposed 
rule to implement the FMP and requested comments on the proposed rule 
through December 18, 2003 (68 FR 62267, November 3, 2003). NMFS 
partially approved the FMP on December 23, 2003; NMFS disapproved the 
restrictive qualifying criteria for a commercial vessel permit, 
commercial vessel permit transfer provisions, commercial trip limits 
for dolphin applicable to vessels with a commercial permit for Atlantic 
dolphin and wahoo, designation of sargassum as EFH, and the designation 
of sargassum as an EFH-HAPC. The rationale for the approved measures in 
the FMP is provided in the preamble to the proposed rule and is not 
repeated here.

Comments and Responses

    NMFS received 75 letters from the public during the comment periods 
on the FMP and the proposed rule. The comments are summarized below 
along with NMFS' responses.
    Comment 1: The FMP represents a much needed management strategy for 
the dolphin and wahoo stocks of the U.S. Atlantic Coast. This proactive 
strategy will maintain healthy stocks of dolphin and wahoo for all user 
and

[[Page 30236]]

interest groups. Recreational fishermen have not been restricted from 
catching large numbers of small dolphin, and the proposed bag and size 
limits will curb those excessive catches. Similarly, capping the 
commercial effort in this predominantly recreational fishery will 
ensure that the historical allocation is maintained between sectors. 
Prohibiting the sale of fish caught under the bag limit, without 
appropriate state and Federal commercial permits, will reduce the 
incentive for recreational fishermen to catch excess quantities of fish 
with the sole intent of selling the catch, and will reduce the 
potential for health issues from the sale of improperly handled and 
processed fish.
    Response: The actions approved by NMFS effectively manage and 
conserve the dolphin and wahoo resources of the U.S. Atlantic Coast. 
This rule does not attempt to rectify a biological problem with the 
stocks; neither stock is overfished or approaching an overfished 
condition because of overfishing. The FMP has specific objectives to 
maintain healthy stocks of dolphin and wahoo, while optimizing social 
and economic benefits to the fishery.
    Comment 2: The proposed 10-dolphin and 2-wahoo bag limits along 
with the 20-inch (50.8-cm) size limit for dolphin off Florida and 
Georgia are an appropriate first step to cap the current effort and 
participation in the fishery, but may be too lenient. A minimum size 
limit of 24 inches (61 cm) fork length for dolphin and at least 40 
inches (102 cm) for wahoo would be more appropriate. A bag limit of 
five or less dolphin per person per day would be more appropriate.
    Response: Alternative bag and size limits for dolphin and wahoo 
were considered but rejected. The intent is to cap, but not reduce, the 
current participation and catch in the dolphin and wahoo fishery. More 
restrictive and area-inclusive bag, boat, and size limits were 
projected to reduce the catch and landings in the recreational fishery. 
For wahoo, no size limits were proposed because of human safety issues 
associated with the release of wahoo and the subsequent potential for 
increased discard mortalities.
    Comment 3: Recreational fishermen are already overburdened with 
regulations restricting their right to catch fish. Recreational 
fishermen should not be subject to catch restrictions or restrictions 
on their ability to sell their fish caught under the bag limit. The 
proposed prohibition of sale of fish caught under the bag limit will 
impact recreational anglers who supplement their low or fixed incomes 
from the incidental sale of their catch.
    Response: The Magnuson-Stevens Act defines recreational fishing as 
fishing for sport or pleasure, and commercial fishing as fishing where 
the harvested catch is intended to enter commerce through sale, barter, 
or trade. In accordance with these definitions, NMFS has approved the 
prohibition of the sale of dolphin and wahoo without the appropriate 
state and Federal commercial vessel permits. The intent of the action 
is to deter recreational fishermen from targeting excessive amounts of 
dolphin or wahoo with the primary purpose of selling the excess portion 
of their catch to offset fishing trip expenses. This, in turn, will 
reduce the potential for excessive harvest and localized depletions of 
the stocks.
    Comment 4: The current licensing and permitting requirements in the 
for-hire sector are already excessive, and additional permitting 
requirements for for-hire vessels are unnecessary and burdensome. The 
sale of dolphin caught under the recreational bag limit by the for-hire 
fleet represents a substantial contribution to the market. Without 
these sales, there would be little dolphin available, and the price for 
these fish would increase substantially. The for-hire sector should be 
allowed to continue to sell fish caught under the recreational bag 
limits to supplement the income from chartering the vessel without the 
need for additional permits.
    Response: The Council is addressing the sale of recreationally 
caught fish on a species-by-species basis. NMFS approved the Council's 
proposed action to prohibit the sale of wahoo caught under the 
recreational bag limit. However, recognizing the importance of the sale 
of dolphin to the for-hire industry, NMFS approved the Council's 
proposed action to restrict the sale of dolphin caught under the bag 
limit. For-hire vessels operating as a charter, and that possess 
appropriate state and Federal commercial permits, will be allowed to 
continue to sell dolphin caught under the bag limit. In combination 
with the reporting requirements associated with the commercial vessel 
permit, NMFS and the Council will have the opportunity to better 
monitor the catch and landings in the fishery, and thus be able to make 
more informed decisions regarding the management of the stocks.
    Comment 5: The ability to obtain a commercial vessel permit that 
will allow for-hire and commercial vessels to sell their catch should 
not be restricted by the proposed qualifying criteria. Catches of 
dolphin and wahoo are incidental to the catch of many other species. 
Annual catches and landings of these species by individual fishermen or 
vessels are well below the proposed 250-pound (lb) (113-kg) criterion. 
Commercial and for-hire vessels should be allowed to sell their 
incidental catches of dolphin and wahoo without the need for a 
commercial permit.
    Response: The intent of this action is to establish a permit system 
that capped, but that does not reduce, the current participation and 
catch in the dolphin and wahoo fishery. Additionally, the proposed 
qualifying criteria were intended to capture the historical 
participants in the fishery.
    NMFS conducted a Supplemental Initial Regulatory Flexibility 
Analysis (SIRFA) to complement the RFA findings in the FMP. The SIRFA 
analysis examined current participation of vessels and their landings 
during the calendar years 2000 through 2002; after the control date of 
May 21, 1999. The SIRFA concluded that many small-time operators who 
currently participate in the dolphin and wahoo commercial fishery would 
not qualify for a permit, but several hundred vessels that have no 
demonstrated current or historical participation in the dolphin and 
wahoo fishery would qualify for the permit. On a related note, 
participants that do not qualify for a commercial vessel permit can 
only obtain a permit through transfer. The FMP states that transfers 
may only occur through the sale of the vessel for which the permit is 
issued. The FMP does not provide any rationale as to why such a 
restrictive method of transfer is necessary.
    The proposed qualifying criteria for a commercial vessel permit 
does not adequately address historical and current participation in the 
fishery, as required by section 303(b)(6) of the Magnuson-Stevens Act. 
Additionally, the criteria are inconsistent with the Council's intent 
of capping the fishery and capturing the historical participants. 
Therefore, NMFS approved the requirement for a Federal vessel permit 
for commercial and for-hire vessels, but disapproved the proposed 
restrictive qualifying criteria to obtain a commercial vessel permit. 
With the disapproval of the qualifying criteria, these will be open-
access permits with no transfer provisions. In combination with the 
reporting requirements associated with the commercial vessel and for-
hire permit, this action will provide NMFS and the Council with the 
appropriate mechanism to monitor the catch and landings in the fishery, 
and thus be able to make more informed decisions regarding the 
management of the stocks.
    Comment 6: Trip limits on dolphin are counter-productive to the 
economics of commercial harvest of these

[[Page 30237]]

incidentally caught species. Short trips, resulting from restrictive 
trip limits, would increase fixed production costs to the vessel owner 
and fishermen. Restrictive trip limits for dolphin would lead to 
regulatory discards once the quantity of fish is met during a trip. 
Trips with high quantities of landings of dolphin occur during a brief 
4- to 6-week period in the late spring and early summer in the South 
Atlantic region. Current commercial landings of dolphin are far less 
than the proposed 1.5 million-lb (680,400-kg) or 13-percent cap on the 
commercial fishery, thus trip limits are likely to have economic 
impacts on the commercial fishery.
    Response: The SIRFA conducted by NMFS, which examined the trips and 
landings of dolphin and wahoo, concluded that the majority of trips 
would not exceed the proposed trip limit for dolphin. However, for 
trips that did exceed the proposed trip limits, dolphin accounted for 
16 to 33 percent of the value of the landings.
    Although the Council was justifiably concerned that the commercial 
sector might rapidly expand its effort and landings in the dolphin 
fishery, the implementation of the time and area closures for the 
highly migratory species (HMS) fishery in the South Atlantic region in 
2001 appears to have curtailed that potential. The existing data do not 
show that the commercial dolphin fishery is expanding, nor is such an 
expansion likely to occur. Commercial landings of dolphin (from both 
the for-hire and commercial sectors) have declined from peak landings 
of 2.2 million lb (997,920 kg) in 1995 and 1.5 million lb (680,400 kg) 
in 1997 to less than 1.0 million lb (453,600 kg).
    The intent of this action is to cap the current participation and 
effort in the fishery. The Council rejected alternatives for several 
actions because of their potential to reduce current participation and 
effort. By capping the commercial fishery at 1.5 million lb (680,400 
kg) or 13 percent of the total landings, NMFS has determined that a 
trip limit on dolphin, which is projected to reduce commercial 
landings, is unnecessarily burdensome and restrictive on that segment 
of the fishery at this time. Therefore, NMFS disapproved the proposed 
trip limit on dolphin.
    By contrast, establishing a commercial trip limit of 500 lb (227 
kg) for wahoo is not expected to have a significant effect on the 
current catch and effort in the fishery. The FMP indicates that an 
Atlantic-wide 500-lb (227-kg) commercial trip limit on wahoo is 
anticipated to have less than a 3-percent impact on commercial 
landings. The SIRFA analysis supports this finding, noting that more 
than 99 percent of all trips land less than 500 lb (227 kg) per trip. 
NMFS has approved the commercial trip limit for wahoo.
    Comment 7: The conclusion of non-significance under Executive Order 
(E.O.) 12866 in the SIRFA differs from that under the Regulatory 
Flexibility Act (RFA) and the determination of the FMP and should be 
explained further in the final rule.
    Response: The criteria under which significance is determined is 
different under E.O. 12866 and the RFA. Therefore, the finding of 
significance under the RFA has no direct bearing on the determination 
under E.O. 12866. Although the FMP, as proposed, is projected to 
significantly reduce profits for a substantial number of small 
entities, as per the RFA analysis, it has been determined to not be 
significant because of the criteria in Section 3(F) of E.O. 12866.

Changes From the Proposed Rule

    In accordance with the partial approval of the FMP measures, the 
following proposed amendments have been removed from this final rule: 
(1) The revisions to the transfer provisions in Sec.  622.4(g)(1); (2) 
the addition of Sec.  622.4(s) regarding restrictive commercial vessel 
permit eligibility criteria, special application procedures, and 
transfer restrictions; (3) the revision to the prohibitions in Sec.  
622.7(b); and (4) the commercial trip limits in Sec.  622.44(f)(1)(i)--
that paragraph has been restructured accordingly.

Explanation of Effective Dates

    As indicated in the proposed rule (68 FR 62267, November 3, 2003), 
this final rule establishes a delayed effective date, September 24, 
2004, for the commercial vessel, charter vessel/headboat, and dealer 
permit requirements and a delayed effective date, November 23, 2004, 
for the operator permit requirement. In addition, there are a number of 
other regulatory provisions in this final rule that are dependent, 
directly or indirectly, on those permit requirements and, therefore, 
must share the respective, delayed effective dates.
    The following table lists those regulatory provisions that have 
effective dates different than the standard effective date, June 28, 
2004, that applies to all other provisions of this final rule.

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         Affected Paragraph               Management Measure                      Effective Date
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Sec.   622.4(a)(1)(i)(E)             Charter/Headboat permit                                 September 24, 2004
                                      requirement
Sec.   622.4(a)(2)(xii)              Commercial permit                                       September 24, 2004
                                      requirement
Sec.   622.4(a)(4)                   Dealer permit requirement                               September 24, 2004
Sec.   622.4(a)(5)                   Operator permit requirement                              November 23, 2004
Sec.   622.4(i)                      Requirement to display                                   November 23, 2004
                                      operator permit
Sec.   622.5(a)(1)(vi)               Commercial vessel reporting                             September 24, 2004
                                      requirement
Sec.   622.5(a)(2)(i)                Commercial vessel reporting                             September 24, 2004
                                      deadline
Sec.   622.5(b)(1)                   Charter/Headboat reporting                              September 24, 2004
                                      requirement
Sec.   622.5(c)(8)                   Dealer reporting                                        September 24, 2004
                                      requirement
Sec.   622.39(f)                     Bag and possession limits                               September 24, 2004
Sec.   622.41(l)(2)                  Sea turtle protection                                   September 24, 2004
                                      measures for longliners
Sec.   622.44(f)                     Commercial trip limits                                  September 24, 2004
Sec.   622.45(i)                     Restrictions on sale or                                 September 24, 2004
                                      purchase
----------------------------------------------------------------------------------------------------------------

Classification

    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    NMFS prepared an FRFA, based on the Regulatory Impact Review. A 
summary of the FRFA follows.
    The Magnuson-Stevens Act provides the statutory basis for the rule. 
The objectives of the final rule are to address local reduction in fish 
abundance, market disruption, inter-sector conflict and reduced social 
and economic benefits. The final rule will create permit requirements 
and trip, bag and size limits; specify allowable gear; place 
restrictions on recreational sales; establish reporting requirements; 
and establish a framework regulatory procedure to allow for timely 
implementation of certain potential

[[Page 30238]]

future actions. The final rule will apply to all entities that operate 
in the dolphin and wahoo fisheries.
    Approximately 1,700-3,300 vessels and/or Florida Saltwater Product 
Licensees (SPLs) were identified with logbook-reported 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. 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 HMS 
longline fishery and landed approximately ten times as much dolphin and 
wahoo as the smaller Southeast coastal fisheries vessels and the 
vessels with Florida SPLs. The smaller vessels, however, were 
relatively more dependent on revenue from the harvest of dolphin and 
wahoo.
    The final rule will 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. Qualification for a vessel permit 
simply requires 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.
    All of the 1,700-3,300 entities with logbook-reported 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 may be 
expected to obtain a commercial vessel permit. In addition, 
approximately 6,800 for-hire vessels on the U.S. Atlantic Coast have no 
demonstrated record of sale of dolphin and wahoo. These vessels may 
choose to obtain a for-hire vessel permit to harvest and possess, but 
may choose to not obtain a commercial vessel permit to sell, dolphin 
and wahoo caught in the U.S. Atlantic EEZ. Among for-hire fishing 
vessels, average revenues for charter vessels are estimated at $26,000-
$69,000, while average revenues for headboats are estimated at 
$123,000-$300,000.
    There are two general classes of small business entities that will 
be directly affected by the final rule: commercial fishing vessels and 
for-hire (charter vessel or headboat) fishing vessels. The Small 
Business Administration defines a small business that engages in 
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.
    The requirements for the dealer, commercial-vessel, for-hire 
vessel, and operator permits are not expected to restrict qualification 
for these permits. Costs will be limited to the permit fee, which is 
not onerous and is not expected to substantially affect business 
profits.
    The wahoo commercial trip limit 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 allowable gear restriction is expected to reduce fishery 
profits for an unknown number of vessels by $11,000 a year in total for 
all vessels combined. The $11,000 estimate reflects the value of 
dolphin and wahoo landed by gear types that will no longer be allowed 
under the final rule. 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.
    The prohibition on 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 vessels that are additionally 
legally permitted to operate as 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 framework procedure is not expected to have any direct impacts 
on participants or profits since it merely establishes a structure for 
possible future action. Additionally, specifying the fishing year will 
have no impact on fishing behavior and, therefore, have no impact on 
business profits.
    The impact of the recreational dolphin and wahoo bag limits, and 
recreational dolphin minimum size limits on for-hire profits cannot be 
determined. Although the approved 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 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.
    The 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 HMS permit in order to do so. Available data indicate that 
such vessels cannot profitably operate exclusively harvesting dolphin 
and wahoo.
    A number of public comments received addressed the rule's economic 
impact. Those comments were addressed elsewhere in this document (see 
comments 5, 6, and 7). No changes were made in the final rule as a 
result of such comments.
    Following is a discussion of alternatives that were not adopted in 
the final rule.
    Rejected alternatives regarding the permit requirement would have: 
(1) imposed permit-qualification criteria, or (2) not required vessel 
permits (no-action alternative). Under the alternative that would have 
required permit-qualification criteria, losses for the 387-1,998 
entities that would not have been expected to meet the criteria for a 
commercial vessel permit are estimated at 4-32 percent of annual gross 
revenue on average. 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 
than 10 lb (4.5 kg) to 4,000 lb (1,814 kg) or more. It is estimated 
that 58-476 out of these 387-1,998 entities could have been driven out 
of business, assuming a 50 percent-loss-in-gross criterion.
    Approximately 1,300 vessels would have been expected to meet the 
commercial vessel dolphin-wahoo permit qualification criteria. This 
total includes vessels that exclusively operate as 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 have 
qualified on the basis of already having Federal permits for commercial

[[Page 30239]]

fishing in the EEZ for snapper-grouper, king mackerel, or swordfish, as 
specified in the proposed FMP. An owner would also have qualified 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, only a few would 
have been expected to qualify for a commercial permit on the basis of 
meeting the 250-lb (113-kg) and $10,000 criteria. The number of vessels 
that would have qualified 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.
    As many as 900 additional vessels might have met the qualification 
criteria 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 have been no incentive to obtain a 
permit, although applications might have been 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 access program, and no 
new vessels can enter the fisheries, except via transfer and purchase 
of existing permits.
    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 approved alternative 
would allow sale by for-hire vessels with the necessary commercial 
permits. The final rule 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 final rule is not expected to have 
a significant economic impact on for-hire vessels. 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 the 
sales restrictions.
    Rejected alternatives to not implementing a commercial trip limit 
for dolphin would: (1) establish a 1,000/3,000-lb (454/1,361-kg) trip 
limit or (2) specify a trip limit of from 1,000 to 5,000 lb (454 to 
2,268 kg). Both alternatives would be expected to cause direct negative 
economic impacts. A 1,000/3,000-lb (454/1,361-kg) trip limit would be 
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 would result in 
losses of $50,000 and $22,000 per year, respectively. Each alternative 
is, therefore, more restrictive than the final rule.
    Only a status quo measure (no-action alternative) was considered as 
an alternative to the commercial wahoo trip limit. Since maintaining 
the status quo would impose no new restriction, the adverse impact of 
the approved measure would be avoided. However, annual landings of 
wahoo have been close to the estimated maximum sustainable yield and 
NMFS determined that the approved alternative would best meet the 
objectives of the FMP.
    Rejected alternatives to the dolphin bag and/or boat limits 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 N. latitude 
(Delaware Bay, Delaware). The final rule will 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 approved alternative will 
establish a bag limit of 2 fish per person per day.
    Rejected alternatives to the minimum size (fork length) limit for 
dolphin would provide: (1) no minimum size (no-action alternative), or 
(2) an 18-24 inch (46-61 cm) minimum size, whereas the approved 
alternative would establish a 20-inch (51-cm) minimum size for Florida 
and Georgia, and no minimum size limit farther north.
    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 approved 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. While the approved 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 
approved alternative 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 
approved action and, therefore, would be more restrictive. Further, 
although an 18- or 19-inch (46- or 48-cm) minimum size limit would be 
less restrictive than the approved 20-inch (51-cm) minimum size, the 
rejected alternative would also allow for a minimum size limit that is 
more restrictive than the approved action, i.e., limits greater than 20 
inches (51 cm). NMFS determined that the respective approved 
alternatives for the bag and size limits would best meet the objectives 
of the FMP.
    Copies of the FRFA 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 (PRA) unless that collection of 
information displays a currently valid OMB control number.
    This final rule contains collection-of-information requirements 
subject to review and approval by OMB under the PRA. These requirements 
have been approved by OMB under OMB control numbers 0648-0487 for the 
permit-related requirements, 0648-0013 for the dealer reporting 
requirements, and 0648-0371 for the vessel reporting requirements. The 
estimated public reporting burdens are as follows: 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.

[[Page 30240]]

    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 been 
approved by OMB under OMB control number 0648-0358. 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. 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: May 20, 2004.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR parts 600 and 622 are 
amended as follows:

PART 600--MAGNUSON-STEVENS ACT PROVISIONS

0
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.

0
2. In Sec.  600.10, add the definitions ``Automatic reel'' and 
``pelagic longline'' 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.
* * * * *

0
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)                   Automatic reel, bandit
                                                 gear, handline, pelagic
                                                 longline, rod and reel,
                                                        spear (including
                                                            powerheads).
                                * * * * *
------------------------------------------------------------------------

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

0
1. The authority citation for part 622 continues to read as follows:

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

0
2. In Sec.  622.1, the first sentence of paragraph (b) is revised, and 
in Table 1, the entry ``FMP for the Dolphin and Wahoo Fishery off the 
Atlantic States'' 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. * * *

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


0
3. In Sec.  622.2, in the definition of ``Coastal migratory pelagic 
fish,'' paragraph (4) is revised; the definition of ``Dealer'' is 
revised; and definitions of ``Atlantic,'' ``Dolphin,'' ``North 
Atlantic,'' ``Pelagic longline,'' and ``Wahoo'' 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.
* * * * *

0
4. In Sec.  622.4, the first sentence of paragraph (a)(4) is revised, 
and

[[Page 30241]]

paragraphs (a)(1)(i)(E), and (a)(2)(xii) are added; and paragraph 
(a)(5), and the last sentence of paragraph (i) are revised 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.
* * * * *
    (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.
* * * * *

0
5. 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.
* * * * *

0
6. 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

[[Page 30242]]

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.

0
7. 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.

0
8. 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.
* * * * *

0
9. 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.

0
10. 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.

0
11. 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 trip limit for wahoo in or 
from the Atlantic EEZ is 500 lb (227 kg). This trip limit applies 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.
    (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.)

0
12. 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 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.

0
13. 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

[[Page 30243]]

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. 04-11907 Filed 5-26-04; 8:45 am]
BILLING CODE 3510-22-S