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Atlantic Highly Migratory Species (HMS); Recreational Atlantic Blue and White Marlin Landings Limit; Clarification of Recreational HMS Reporting Requirements
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: September 17, 2003 (Volume 68, Number 180)]
[Proposed Rules]
[Page 54410-54414]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se03-29]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 030908222-3222-01; I.D. 051603C]
RIN 0648-AQ65
Atlantic Highly Migratory Species (HMS); Recreational Atlantic
Blue and White Marlin Landings Limit; Clarification of Recreational HMS
Reporting Requirements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments; public hearings.
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SUMMARY: NMFS proposes this rule to amend the regulations governing
Atlantic HMS recreational fisheries in order to implement
recommendations adopted by the International Commission for the
Conservation of Atlantic Tunas (ICCAT), and to achieve consistent
recreational reporting requirements for Atlantic highly migratory
species. This rule proposes to: establish an annual domestic landing
limit of 250 Atlantic blue and white marlin, combined; establish
procedures to carry forward overages and underages of the marlin
landings limit to subsequent years; implement management measures to
ensure that the annual domestic Atlantic marlin landing limit is not
exceeded; and, clarify regulations by specifying that the owner of a
vessel permitted, or required to be permitted, in the Atlantic HMS
Angling or Atlantic HMS Charter/Headboat category is required to report
recreational landings of Atlantic bluefin tuna, billfish, and
swordfish. The purpose of these proposed actions is to comply with
ICCAT recommendations, improve upon the management and conservation of
Atlantic HMS, and establish consistent HMS recreational reporting
requirements to facilitate enforcement.
DATES: Written comments on the proposed rule must be received by 5 p.m.
E.S.T. on October 24, 2003. NMFS will hold public hearings from October
1, 2003, through October 15, 2003.
ADDRESSES: Comments on the proposed rule may be submitted by mail to
the HMS Management Division, 1315 East-West Highway, Silver Spring, MD
20910. Comments may also be sent via facsimile (fax) to 301-713-1917.
Please mark the outside of the envelope ``Comments on Proposed
Recreational Billfish Rule.'' Comments will not be accepted via e-mail
or via the internet.
Copies of the Draft Environmental Assessment/Regulatory Impact
Review (EA/RIR) for this proposed rule may be obtained from the Highly
Migratory Species Management Division, 1315 East-West Highway, Silver
Spring, MD 20910. The EA/RIR is also available on the HMS Management
Division website at www.nmfs.noaa.gov/sfa/hmspg.html. 
FOR FURTHER INFORMATION CONTACT: Russell Dunn or Richard A. Pearson at
727-570-5447.
SUPPLEMENTARY INFORMATION: Atlantic billfish (including blue marlin,
white marlin, sailfish, and spearfish) are managed under Amendment One
to the Atlantic Billfish Fishery Management Plan (Atlantic Billfish
FMP). North Atlantic tunas, swordfish and sharks are managed under the
Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks (HMS
FMP). The FMPs are implemented under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
at 50 CFR part 635. In addition, billfish, swordfish, and tunas are
managed internationally by the International Commission for the
Conservation of Atlantic Tunas (ICCAT), to which the United States is a
contracting party. The Secretary of Commerce has the responsibility,
under the Atlantic Tunas Convention Act (ATCA), to promulgate
regulations as necessary and appropriate to implement ICCAT
recommendations.
Atlantic Blue and White Marlin Stock Status and Management History
The most recent stock assessment for Atlantic blue marlin,
conducted in 2000 by ICCAT's Standing Committee for Research and
Statistics (SCRS), indicated that total Atlantic blue marlin stock
abundance is at approximately 40 percent of the biomass needed to
support maximum sustainable yield (Bmsy), and that the
current fishing mortality rate is approximately four times higher than
that which would allow achievement of the maximum sustainable yield
(Fmsy). The SCRS recommended that ICCAT take additional
steps to reduce the catch of blue marlin as much as possible.
The SCRS conducted a stock assessment for white marlin in 2002. The
2002 assessment concluded that white marlin are overfished and that
overfishing continues to occur. Relative white marlin biomass
(B2001/Bmsy) is approximately 0.12 and relative
fishing mortality (F2000/Fmsy) is approximately
8.28.
At its November, 2000 meeting, ICCAT developed a two-phased
rebuilding plan for Atlantic blue and white marlin (ICCAT
Recommendation 00-13). Phase One of the Atlantic marlin rebuilding plan
required that countries capturing marlin in commercial fisheries reduce
Atlantic blue marlin landings by 50 percent and white marlin landings
by 67 percent from 1999 levels. As part of the rebuilding program, the
United States agreed to limit annual landings by U.S. recreational
fishermen to 250 Atlantic blue and white marlin, combined, for 2001 and
2002, and to maintain regulations that have prohibited the retention of
marlins by U.S. pelagic longline fishermen since implementation of the
1988 Atlantic Billfish FMP.
In 2002, ICCAT amended Phase One of the Atlantic marlin plan by
extending the rebuilding plan through 2005 (ICCAT Recommendation 02-
13). ICCAT also specified that, through 2005 (Phase One), the annual
amount of blue marlin that can be harvested and retained by foreign
pelagic longline and purse seine vessels must be no more than 50
percent of the 1996 or 1999 landing levels, whichever is greater. For
white marlin, the annual amount that can be harvested and retained by
foreign pelagic longline and purse seine vessels must be no more than
33 percent of the 1996 or 1999 landing levels, whichever is greater.
ICCAT recommended that all blue and white marlin brought to pelagic
longline and purse seine vessels alive be released in a manner that
maximizes their survival. These provisions do not apply to marlin that
are dead when brought alongside the vessel and that are not sold or
entered into commerce.
The SCRS intends to conduct new stock assessments for Atlantic blue
and white marlin in 2005 and to evaluate stock recovery options, taking
into account the new stock assessments, any new information, and any
reevaluation of historical catch and effort data. Based upon the SCRS
assessment and evaluation, ICCAT will develop and adopt additional
programs in 2005 to rebuild Atlantic marlin stocks to Bmsy,
if necessary.
Recent U.S. Recreational Atlantic Marlin Fishery Management Actions
To facilitate compliance with Phase I of the ICCAT billfish
rebuilding plan, NMFS implemented regulations, which became effective
in March 2003, requiring: (1) an Atlantic HMS recreational Angling
category permit (December 18, 2002; 67 FR 77434); and, (2) mandatory
self-reporting of all non-
[[Page 54411]]
tournament recreational landings of Atlantic marlins, sailfish, and
swordfish (January 7, 2003; 68 FR 711). These new requirements, in
conjunction with existing mandatory billfish tournament registration
and tournament reporting through the Recreational Billfish Survey
(RBS), will enable the United States to monitor more accurately
recreational landings of Atlantic marlins, sailfish, and swordfish.
They are expected to provide essential information to help gauge
billfish fishing effort, recreational landings, and U.S. compliance
with ICCAT Recommendations 00-13 and 02-13.
Proposed Atlantic Blue and White Marlin 250-Fish Landing Limit
The primary issue for the United States resulting from ICCAT
Recommendation 00-13 is to determine an appropriate management strategy
to ensure compliance with an annual limit of 250 Atlantic blue and
white marlin, combined, through 2005. In addition, it is necessary to
develop a methodology to implement ICCAT Recommendation 00-14 which
specified that, for any species under catch limit management,
underages/overages from one year may be added to/must be subtracted
from the catch limit of the management period immediately after or one
year after that year, unless any other recommendation dealing with
overages/underages takes precedence. These ICCAT recommendations have
not yet been codified by the United States. Therefore, this rule
proposes to establish a 250-fish annual Atlantic marlin landing limit
with a carryover provision for landings above/below the limit
(beginning with overages or underages from the 2003 fishing year and
adjustments made in the 2004 fishing year), and to implement
regulations that will ensure compliance with the annual landing limit.
In the EA/RIR for this proposed rule, NMFS analyzed five
alternatives to implement a 250-fish annual marlin landing limit, and
to ensure compliance with the limit. They were selected to provide a
maximum range of alternatives. The alternatives included: (1) a no-
action alternative (i.e., status quo); (2) a year-round catch and
release marlin fishery; (3) a catch and release fishery upon achieving
the landing limit for the remainder of the fishing year (through May
31); (4) an increase in Atlantic blue and white marlin minimum fish
sizes, if necessary, upon landing 80 percent of the limit (which would
be effective for the remainder of the fishing year), and with a
backstop catch and release only fishery if 100 percent of the annual
limit is achieved ; and, (5) a mandatory landings tag program whereby
250 tags would be issued, and only tagged fish could be landed. Under
each alternative, the carryover provision would apply, meaning that
landings above the limit in a given fishing year (beginning in 2003)
would be deducted from the limit in a subsequent fishing year
(beginning in 2004), and underages of the limit from a given fishing
year (beginning in 2003) could be added to the limit in a subsequent
fishing year (beginning in 2004).
To ensure compliance with the ICCAT recommendations and to minimize
any adverse economic impacts on U.S. charter/headboat operators and
other recreational fishers, NMFS is proposing to implement the
alternative that would increase Atlantic marlin minimum fish sizes for
the remainder of the fishing year, if necessary, when 80 percent of the
limit is landed, or projected to be landed. Specifically, the proposed
measures would maintain existing regulations until 80 percent of
landing limit is projected to be landed. At that point, Atlantic blue
and white marlin minimum fish sizes would be increased for the
remainder of the fishing year, if necessary, to an appropriate length
whereby the landing limit would be achieved, but not exceeded. If the
landing limit is not projected to be achieved by the close of the
fishing year, then minimum fish sizes may not need to be increased. As
a preventive backstop, if the minimum size increase fails to keep
landings below the 250-fish limit, the marlin fishery would become
catch and release from the date the 250-fish limit is achieved until
the end of the fishing year. Because Atlantic marlin occur
predominantly in Federal waters, this proposed rule includes a
rebuttable presumption that any Atlantic marlin landed were taken
seaward of the inner boundary of the U.S. Atlantic Exclusive Economic
Zone (EEZ).
NMFS believes that the proposed measures have the highest
probability of keeping within the landing limit, while still allowing
marlin landings for the entire duration of the fishing year. This is
especially important for areas where fishing activity, including
tournaments, occurs later in the fishing year. While those areas could
be adversely impacted by increased minimum sizes, the impacts are
expected to be less severe than a total prohibition on landings. It is
important to emphasize that, based upon the RBS (which monitors
tournament landings), the United States has been below the proposed
landing limit for the past several fishing years. Although the
magnitude of non-tournament landings is currently unknown, it is very
possible that the overall annual 250-fish landing limit will not be
achieved. If that is the case, NMFS has the option, under the proposed
measures, to take no action when 80 percent of landing limit is
achieved, if projections indicate that 100 percent of the limit will
not be reached before the end of the fishing year. Any minimum size
increase would filed with the Office of the Federal Register at least
14 days prior to the effective date of any adjustment. NMFS will notify
constituents of the adjustment through contact with HMS AP members,
recreational fishing publications, and through the use of the HMS fax
network and HMS internet website.
Clarification of HMS Recreational Reporting Requirements
This rule also proposes to clarify, for enforcement purposes, a
recreational reporting requirement for billfish, and swordfish that was
originally specified in a January 7, 2003, (68 FR 711) final rule.
Inadvertently, some HMS regulations currently indicate that anglers are
required to call in recreational landings, using a NMFS toll-free
number, while other regulations, primarily for bluefin tuna, indicate
that vessel owners are required to report. The regulatory language at
Sec. 635.5(c)(2), Sec. 635.71(c)(6), and Sec. 635.71(e)(15), for
example, indicates that anglers are required to report all non-
tournament landings of billfish and swordfish to NMFS. Also, Sec.
635.71(b)(6) indicates that anglers are required to report landings of
bluefin tuna. However, Sec. 635.5(c)(1) indicates that owners of
vessels permitted, or required to be permitted, in the Atlantic HMS
Angling or Atlantic HMS Charter/Headboat category must report bluefin
tuna landings that are under the Angling category quota designated at
Sec. 635.27(a).
This proposed rule would specify that owners of vessels permitted,
or required to be permitted, in the Atlantic HMS Angling or Atlantic
HMS Charter/Headboat category must report landings of bluefin tuna
under the Angling category, and that owners of vessels permitted, or
required to be permitted, in the Atlantic HMS Angling or Atlantic HMS
Charter/Headboat category must report all non-tournament recreational
landings of billfish and swordfish. Permits under the Atlantic HMS
Angling category and the Atlantic HMS Charter/Headboat category are
issued to vessel owners. Therefore, the requirement to report landings
should logically, and for enforcement purposes, be similarly incumbent
upon owners of
[[Page 54412]]
vessels permitted, or required to be permitted, in the Atlantic HMS
Angling or Atlantic HMS Charter/Headboat category.
Meeting Locations, Dates, and Times
1. Wednesday, October 1, 2003-Destin, FL, 7-9 p.m.
Destin Community Center
101 Stahlman Avenue
Destin, FL 32541
2. Tuesday, October 7, 2003-Kill Devil Hills, NC, 7-9 p.m.
Ramada Inn/Outer Banks Resort and Conference Center
1701 Virginia Dare Trail
Kill Devil Hills, NC 27948
3. Wednesday, October 8, 2003-Ocean City, MD, 7-9 p.m.
Ocean City Council Chambers
301 Baltimore Avenue
Ocean City, MD 21842
4. Tuesday, October 14, 2003-Miami, FL, 7-9 p.m.
University of Miami
Rosenstiel School of Marine and Atmospheric Sciences
4600 Rickenbacker Causeway
Science and Administrative Building, Room 103
Miami, FL 33149
5. Thursday, October 16, 2003-Ponce, Puerto Rico 7-9 p.m.
Ponce Holiday Inn
3315 Ponce By Pass,
Ponce, PR 00728
Classification
This proposed rule is published under the authority of the
Magnuson-Stevens Act, 16 U.S.C. 1801 et seq., and the Atlantic Tunas
Convention Act, 16 U.S.C. 971 et seq. The Assistant Administrator (AA)
for Fisheries, NOAA, has preliminarily determined that the regulations
contained in this proposed rule are necessary to implement the
recommendations of ICCAT and are necessary for the management of
Atlantic HMS fisheries.
NMFS prepared a draft Environmental Assessment (EA) for this
proposed rule that discusses the impact on the environment of this
rule. The AA has preliminarily concluded that there would be no
significant impact on the human environment if this proposed rule was
implemented. The EA presents analyses of the anticipated impacts of
these proposed regulations and the other alternatives considered. A
copy of the draft EA is available from NMFS (see ADDRESSES).
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS prepared an initial regulatory flexibility analysis (IRFA)
that describes the economic impact this proposed rule, if adopted,
would have on small entities. A description of the action, the purpose
and need for the action, and the legal basis for the action are
contained in the preamble to this proposed rule and in the SUMMARY
section. A summary of the analysis follows:
Codification of a 250-fish annual Atlantic marlin landing limit and
implementation of compliance measures are precautionary steps that are
being proposed to comply with ICCAT Recommendations and to enhance
conservation. At present, NMFS believes that the proposed 250-fish
landing limit is not likely to be exceeded. This is based upon RBS data
(primarily tournament landings) indicating that 191, 127, 97, and 129
Atlantic marlin were landed during the 1999, 2000, 2001, and 2002 (2002
preliminary data) fishing years, respectively. Therefore, adverse
economic impacts are not expected under any of the alternatives, except
for the year-round catch and release alternative. Although the landing
limit is not presently expected to be exceeded, it is possible for
documented landings to increase in the future because the recreational
marlin fishery is an open access fishery (i.e., no limits on entry) and
because new recreational HMS reporting requirements have recently been
implemented.
There are several unknowns that make an assessment of economic
impacts difficult to quantify. These include the absence of a reliable
estimate of total tournament and non-tournament marlin landings,
uncertainty regarding the number of marlin fishermen, and uncertainty
regarding angler behavior in a catch and release only Atlantic marlin
fishery. Nevertheless, as described below, the preferred alternative
that is being proposed is expected to have the least adverse economic
impact on small entities, while simultaneously achieving the objectives
of the Magnuson-Stevens Act, ATCA, and relevant ICCAT recommendations.
The total population of recreational billfish anglers has not been
quantified. This is because not all vessels possessing HMS Angling
category and HMS Charter/headboat permits participate in the
recreational billfish fishery. Many fish primarily for tuna. For
purposes of analysis, this document assumed that approximately 10,000
vessels, all of which are considered small entities, could be affected
by the proposed Atlantic marlin actions.
In order to compare the relative economic impact of the proposed
alternatives, several assumptions were necessary. These assumptions are
described in detail in the EA/RIR prepared pursuant to this proposed
rule (see ADDRESSES) and not repeated here. Also, because NMFS has no
data predicting angler behavior under a catch and release scenario, the
assumptions were inferred using data on current and past behavior and,
in general, present worst case scenarios.
As described earlier, for the 250-fish landing limit NMFS analyzed
five alternatives, including the no-action alternative.
The preferred alternative (Alternative 1d) would increase marlin
minimum fish sizes when 80 percent of the landing limit is projected to
be achieved, if deemed necessary. Under a worst case scenario that the
80 percent trigger would be met roughly estimated around October 15,
this alternative could potentially result in a reduction of between 6
and 145 charter trips, in aggregate, assuming that charterboats would
cease fishing for marlin when the minimum size increased. This would
equate to an annual industry wide gross revenue loss of between $4,050
to $97,875. NMFS does not anticipate that any tournaments would cease
operations, because no marlin-only tournaments are known to occur
during the projected time period for any size increase (October 15 to
May 31). Furthermore, many tournaments that include marlin as an award
species already specify a tournament minimum size that is greater than
the current legal minimum size of 99 inches (251.5 cm). If 250 marlin
are landed, even with the increased size limit, then any negative
economic impacts would be greater because landings would then have to
be prohibited. This alternative is intended to allow some level of
landings for the entire duration of the fishing season, without having
to resort to a prohibition on landings (i.e., catch and release). Thus,
it is expected to minimize adverse economic impacts, yet be consistent
with ICCAT recommendations.
The no-action alternative (1a) would not produce any negative
short-term economic impacts, however it is not consistent with the
goals and objectives of the FMP and fails to ensure compliance with
ICCAT recommendations.
Alternative 1b (year-round catch and release fishery) could
potentially result in a reduction of between 104 to 2,696 charter
trips, in aggregate, for a total annual lost revenue of between $70,200
and $1.82 million. Potentially, 10 tournaments could cease operations
under this alternative, with a resulting total annual gross revenue
loss as high as $6 million.
[[Page 54413]]
Alternative 1c (catch and release when 250 marlin landed) could
potentially result in a reduction of between 2 to 47 charter trips, in
aggregate, for a total annual lost revenue of between $1,350 and
$31,750. This assumes that the 250 marlin limit is met roughly
estimated around May 15 and that charterboats would cease fishing of
the fishery became all catch and release. NMFS does not expect that any
tournaments would be cancelled, because no marlin-only tournaments are
known to occur during the projected time period for any closure (May
15-May 31). However, if landings patterns change from current patterns
and result in achievement of the 250 fish limit earlier in the fishing
year, then this alternative could create sizeable negative economic
impacts on charter vessels and billfish tournaments, particularly in
areas where fishing activity occurs later in the fishing year.
Alternative 1e (landings tag program) would be expected to result
in a reduction of between 103 and 2,671 charter trips annually with a
potential decrease in total gross revenues of between $69,525 to
$1,802,925. For tournaments, this alternative could be expected to
result in the cancellation of up to 10 tournaments with an economic
impact of $6.0 million dollars.
With regards to the proposed recreational reporting requirements,
only two alternatives were considered because no other alternatives
would meet the stated purpose of clarifying the regulations for
enforcement purposes, and making the regulations consistent with other
HMS regulations. The no-action alternative would not produce any
negative economic impacts. However, the current regulations have
created some confusion in the regulated community due to
inconsistencies with other HMS recreational reporting requirements
which require the vessel owner to report (i.e. bluefin tuna landings in
the Angling category). Furthermore, because vessel permits are issued
to vessel owners, enforcement is compromised under this alternative
because permit sanctions cannot be used as a potential compliance
mechanism. Alternative 2b (in which vessel owners report) would not
produce any negative short-term economic impacts. The toll-free
reporting system takes less than 3 to 5 minutes for each no-cost report
and an additional 3 to 5 minutes for a confirmation call-back. In
addition, this alternative would achieve consistency in recreational
HMS reporting requirements and facilitate enforcement. It is possible,
under Alternative 2b, that the required number of reports would be
reduced, because only one report from a vessel owner would be required
for trips that land more than one fish by several different anglers.
This rule does not duplicate, overlap, or conflict with any
relevant Federal rules. None of the alternatives considered in this
document would result in additional reporting, record keeping,
compliance, or monitoring requirements for the public.
The call-in reporting requirement for recreational non-tournament
landings was previously approved under OMB 0648-0446.
This rule contains a collection-of-information requirement subject
to the Paperwork Reduction Act (PRA) and which has been approved by OMB
under control number 0648-0446. Public reporting burden for each
landing report or confirmation call is estimated to average 5 minutes
per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Written
comments regarding the burden-hour estimates or other aspects of the
collection-of-information requirements contained in this rule may be
submitted to NMFS (see ADDRESSES) and by e-mail to David_
Rostker@omb.eop.gov, or fax to (202) 395-7285.
Notwithstanding any other provisions of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Statistics, Treaties.
Dated: September 11, 2003.
John Oliver,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 635 is
proposed to be amended as follows:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
1. The authority citation for part 635 continues to read as
follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
2. In Sec. 635.5, paragraph (c)(2) is revised to read as follows:
Sec. 635.5 Recordkeeping and reporting.
* * * * *
(c) * * *
(2) Billfish and North Atlantic Swordfish. The owner of a vessel
permitted, or required to be permitted, in the Atlantic HMS Angling or
Atlantic HMS Charter/Headboat category must report all non-tournament
landings of Atlantic blue marlin, Atlantic white marlin, sailfish, and
North Atlantic swordfish, including those landed on a charter/headboat,
to NMFS by calling 1-800-894-5528 within 24 hours of the landing. For
telephone reports, a contact phone number must be provided so that NMFS
can call the vessel owner back for follow up questions and to provide a
confirmation of the reported landings. The telephone landing report has
not been completed unless the vessel owner has received a confirmation
number from a NMFS' designee.
* * * * *
3. In Sec. 635.20, paragraph (d)(4) is added to read as follows:
Sec. 635.20 Size limits.
* * * * *
(d) * * *
(4) The Atlantic blue and white marlin minimum size limits,
specified in paragraphs (d)(1) and (d)(2) of this section, may be
adjusted, if necessary, to sizes determined to be appropriate to
achieve, but not exceed, the annual Atlantic marlin landing limit,
specified in Sec. 635.27(d), when 80 percent of the annual Atlantic
marlin landing limit is projected to be harvested, through publication
in the Federal Register. In no case shall such adjustment be effective
less than 14 days after the date of filing with the Office of the
Federal Register for publication. The adjustment will be in effect
through the end of the fishing year (May 31).
* * * * *
4. In Sec. 635.27, paragraph (d) is added to read as follows:
Sec. 635.27 Quotas.
* * * * *
(d) Atlantic Blue and White Marlin. The total annual recreational
landings limit for Atlantic blue and white marlin, harvested from the
management unit, is 250 fish, combined, during a given fishing year
(June 1 to May 31), except as provided in paragraph (d)(1) of this
section. It is a rebuttable presumption that any landed Atlantic marlin
was taken seaward of the inner boundary or the U.S. Atlantic EEZ. After
the landings limit is attained, no landings of Atlantic blue and white
marlin are allowed.
(1) If the Assistant Administrator (AA) determines, based upon
landings statistics and other available
[[Page 54414]]
information, that aggregate landings of Atlantic blue and white marlin
are above the annual Atlantic marlin landings limit, as established in
paragraph (d) of this section, the AA shall subtract the overharvest
from the following fishing year's Atlantic marlin landings limit,
beginning with any overharvest from the 2003 fishing year, consistent
with ICCAT recommendations. If the AA determines, based on landings
statistics and other available information, that aggregate landings of
Atlantic blue and white marlin are below the annual Atlantic marlin
landings limit, the AA may add the underharvest to the following
fishing year's annual Atlantic marlin landings limit, as established in
paragraph (d) of this section, beginning with any underharvest from the
2003 fishing year, consistent with ICCAT recommendations,. The AA will
publish any adjustment to the Atlantic marlin landing limit made
pursuant to this paragraph in the Federal Register.
(2) [Reserved]
5. In Sec. 635.28, paragraph (d) is added to read as follows:
Sec. 635.28 Closures.
* * * * *
(d) Atlantic Blue and White Marlin. If the annual Atlantic marlin
landings limit specified in Sec. 635.27 (d) is exceeded, or is
projected to be exceeded, the AA will establish a closure date based
upon the date the landings limit is exceeded, or is projected to be
exceeded, and publish an action in the Federal Register prohibiting the
landings of any Atlantic blue and white marlins from the closure date
through the remainder of the fishing year (through May 31). In no case
shall such closure be effective less than 14 calendar days after the
action is filed with the Office of the Federal Register.
6. In Sec. 635.34, paragraph (a) is revised to read as follows:
Sec. 635.34 Adjustment of Management Measures.
(a) NMFS may adjust the catch limits for BFT, as specified in Sec.
635.23; the quotas for BFT, shark, and swordfish, as specified in Sec.
635.27; the combined annual landing limit for Atlantic blue and white
marlin, as specified in Sec. 635.27(d); and the minimum sizes for
Atlantic blue and white marlin, as specified in Sec. 635.20(d).
* * * * *
8. In Sec. 635.71, paragraphs (b)(6), (c)(6), and (e)(15) are
revised, and paragraph (c)(7) is added to read as follows:
Sec. 635.71 Prohibitions.
* * * * *
(b) * * *
(6) As the owner of a vessel permitted, or required to be
permitted, in the Atlantic HMS Angling or Atlantic HMS Charter/Headboat
category, fail to report a BFT, as specified in Sec. 635.5(c)(1) or
(3).
* * * * *
(c) * * *
(6) As the owner of a vessel permitted, or required to be
permitted, in the Atlantic HMS Angling or Atlantic HMS Charter/Headboat
category, fail to report a billfish, as specified in Sec. 635.5(c)(2)
or (3).
(7) Retain on board a vessel or land an Atlantic blue or white
marlin when the fishery for these species is closed, as specified in
Sec. 635.28(d).
* * * * *
(e) * * *
(15) As the owner of a vessel permitted, or required to be
permitted, in the Atlantic HMS Angling or Atlantic HMS Charter/Headboat
category, fail to report a North Atlantic swordfish, as specified in
Sec. 635.5(c)(2) or (3).
[FR Doc. 03-23764 Filed 9-16-03; 8:45 am]
BILLING CODE 3510-22-S