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Atlantic Marlin Adjustable Bag Limit Provision

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[Federal Register: November 13, 1998 (Volume 63, Number 219)]
[Rules and Regulations]               
[Page 63421-63422]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13no98-20]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 644

[Docket No. 981109279-8279-01; I.D. 020398B]
RIN 0648-AM02

 
Atlantic Marlin Adjustable Bag Limit Provision

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

ACTION: Interim rule; technical amendment.

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SUMMARY: By the interim rule, published in the Federal Register on 
March 24, 1998, NMFS increased the minimum size limits for Atlantic 
blue marlin (BUM) and Atlantic white marlin (WHM), respectively, and 
required operators of Atlantic billfish sport fishing tournaments to 
notify NMFS at least 4 weeks prior to tournament commencement. On 
September 29, 1998, NMFS extended the period of the interim rule for an 
additional 180 days and amended it to increase the minimum size limit 
for Atlantic BUM to 99 inches lower jaw-fork length (LJFL) (251 cm), to 
establish a recreational bag limit of one Atlantic BUM or WHM per 
vessel per trip and to grant the Assistant Administrator for Fisheries, 
NOAA (AA), authority to adjust the bag limit, including adjusting it to 
zero. The current action amends the interim rule to remove the 
provision allowing the AA to adjust the bag limit.

DATES: Effective November 9, 1998.

FOR FURTHER INFORMATION CONTACT: Buck Sutter, 813-570-5447; fax: 813-
570-5364.

SUPPLEMENTARY INFORMATION: The International Convention for the 
Conservation of Atlantic Tunas (ICCAT) adopted a recommendation in 1997 
with several measures to address the condition of billfish resources 
throughout the Atlantic Ocean, including reducing Atlantic BUM and 
Atlantic WHM landings by at least 25 percent from 1996 limits, starting 
in 1998, to be accomplished by the end of 1999. In September 1997, NMFS 
designated BUM and WHM as being overfished. In response to the ICCAT 
recommendation, as required by Atlantic Tunas Convention Act (ATCA), 
and in an effort to reduce overfishing, NMFS promulgated a 180-day 
interim rule (63 FR 14030, March 24, 1998) under section 305(c) of the 
Magnuson Fishery Conservation and Management Act (Magnuson-Stevens 
Act). The interim rule increased the minimum size of Atlantic BUM and 
WHM that could be retained by U.S. recreational anglers and required 
operators of Atlantic billfish sport fishing tournaments to notify NMFS 
at least 4 weeks prior to tournament commencement. The interim rule was 
extended for an additional 180 days, beginning September 24, 1998, and 
amended to increase the minimum size limit for Atlantic BUM to 99 
inches (251 cm), to establish a recreational bag limit of one Atlantic 
BUM or WHM per vessel per trip, and to grant the AA authority to adjust 
the bag limit up or down, including to zero if the landing limits for 
BUM and WHM are reached (26.2 mt and 2.48 mt, respectively), as 
determined by the most recent tournament and other landings data (63 FR 
51859, September 29, 1998).
    It is highly unlikely that the interim authority granted the AA to 
adjust the bag limit would have to be used by March 19, 1999, the date 
the interim rule expires. The BUM and WHM recreational angling seasons 
in the United States generally occur between May and September. The 
best currently available scientific information indicates that the 
ICCAT-recommended landing limits for BUM and WHM have not been exceeded 
thus far during 1998. In addition, the NMFS Recreational Billfish 
Survey indicates that no landings of BUM or WHM have been observed from 
October through February over the last 3 years of the survey (1995 to 
1997). Under 50 CFR 644.20, the fishing year and associated landing 
limits run from January 1 to December 31. At the initiation of the new 
fishing year on January 1, 1999, the landing limits start again at 26.2 
mt BUM and 2.48 mt WHM. Based on the landings data for 1995 through 
1997, 0 percent of the landings for both BUM and WHM are taken during 
January and February, and only 3.6 percent of BUM and 1.6 percent of 
WHM are taken during March. It is, therefore, highly unlikely that 
there would be any need to adjust the bag limit of one fish per vessel 
per trip downward for the remainder of 1998, or from January 1, 1999, 
through March 19, 1999, in order to ensure compliance with ICCAT-
recommended landing limits.
    NMFS has received public comment on the interim rule, and on 
October 9, 1998 (63 FR 54433) NMFS published a notice of availability 
of draft Amendment 1 to the Atlantic Billfish Fishery Management Plan 
(Billfish FMP), with a request for comments by January 7, 1999. Draft 
Amendment 1 to

[[Page 63422]]

the Billfish FMP contains an alternative management measure that would 
give the AA, the authority to adjust the bag limit up or down, 
including adjusting it to zero if the landing limits for BUM and WHM 
are reached. The public comments received to date indicate that the 
possibility of a zero bag limit could have a significant negative 
impact on the planning of, and participation in, billfish tournaments. 
Sport fishing organizations have stated their intent to address this 
issue in the context of commenting on draft Amendment 1 to the Billfish 
FMP and on the regulations to implement that amendment (proposed 
implementing regulations for the FMP amendment will be published 
shortly).
    NMFS agrees that there is no need to maintain the provision to 
adjust the bag limit in the interim rule and, by this action, removes 
the AA's authority to adjust the bag limit. NMFS will evaluate written 
and verbal comments received during the 3-month comment period on the 
draft FMP amendment, and during the comment period on the implementing 
regulations to be proposed shortly, in determining the appropriateness 
of using adjustable bag limits to ensure compliance with ICCAT-
recommended landing limits. In the highly unlikely event that a 
prohibition of Atlantic BUM and/or WHM landings is required because 
ICCAT-recommended limits have been exceeded before the end of the 
interim rule period, NMFS has the authority, under section 305(d) of 
the Magnuson-Stevens Act, to take appropriate action.

Classification

    The AA has determined that this amendment of the interim rule is 
consistent with the Magnuson-Stevens Act and other applicable laws.
    The AA has determined that, under 5 U.S.C. 553(b)(B), there is good 
cause to waive the requirement for prior notice and an opportunity for 
public comment as such procedures would be contrary to the public 
interest for the reasons stated above. Further, under 5 U.S.C. 
553(d)(3), the AA has determined that there is good cause to waive the 
otherwise required 30-day delay in effective date. This rule affects 
only the authority of NMFS to adjust a bag limit. It does not impose 
any substantive requirement on any fisherman for which time would be 
required to come into compliance.
    The amendment of this interim rule has been determined to be not 
significant for purposes of E.O. 12866.
    Because prior notice and an opportunity for public comment are not 
required to be provided for the amendment of this interim rule by 5 
U.S.C. 553, or any other law, the analytical requirements of the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.

List of Subjects in 50 CFR Part 644

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: November 6, 1998.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 644 is amended 
as follows:

PART 644--ATLANTIC BILLFISHES

    1. The authority citation for part 644 continues to read as 
follows:

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


Sec. 644.26  [Amended]

    2. Section 644.26 (b) is removed and reserved.
[FR Doc. 98-30391 Filed 11-9-98; 4:10 pm]
BILLING CODE 3510-22-F

 
 

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