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Federal Register/Vol. 64, No. 103/Friday, May 28, 1999/Rules 29090 Federal Register / Vol. 64, No. 103 / Friday, May 28, 1999 / Rules and Regulations DEPARTMENT OF COMMERCE Rebecca Lent, Chief, Highly Migratory FMPs and proposed rules from March 4 Species Management Division, Office of to March 12, 1999 (64 FR 10438). All National Oceanic and Atmospheric Sustainable Fisheries (F/SF1), NMFS, comments received by March 12, 1999, Administration 1315 East-West Highway, Silver Spring, whether specifically directed to any of MD 20910±3282, phone (301) 713±2347, the documents or to the proposed rule 15 CFR Part 902 fax (301) 713±1917. and its supplement, were considered in FOR FURTHER INFORMATION CONTACT: Pat the decisions on the final documents 50 CFR Parts 285, 300, 600, 630, 635, Scida regarding tuna issues at (978) and the final rule. 644, and 678 281±9260; Jill Stevenson regarding Information regarding the [Docket No. 981216308±9124±02; I.D. swordfish issues at (301) 713±2347; management of HMS under the draft 071698B] Margo Schulze regarding shark issues at HMS FMP and Draft Amendment 1 to the Atlantic Billfish FMP was provided RIN 0648-AJ67 (301) 713±2347; Buck Sutter regarding billfish issues at (727) 570±5447; Karyl in the preamble to the proposed Atlantic Highly Migratory Species Brewster-Geisz regarding limited access regulations to implement those FMPs (HMS) Fisheries; Fishery Management at (301) 713±2347; and Chris Rogers and in the preamble to the supplemental Plan (FMP), Plan Amendment, and regarding the regulatory consolidation at rule to implement the HMS FMP Consolidation of Regulations (301) 713±2347. addendum and is not repeated here. SUPPLEMENTARY INFORMATION: To meet Additional background information can AGENCY: National Marine Fisheries requirements of the Magnuson-Stevens be found in the FMPs and supporting Service (NMFS), National Oceanic and Act, NMFS prepared an FMP for documents available from NMFS (see Atmospheric Administration (NOAA), Atlantic tunas, swordfish and sharks ADDRESSES). Although the codified Commerce. and an amendment to the Atlantic regulatory text contained in the ACTION: Final rule. Billfish FMP. NMFS published a Notice supplemental proposed rule to of Availability of the Draft Amendment implement the HMS FMP addendum SUMMARY: NMFS issues final regulations 1 to the Billfish FMP on October 9, 1998 has been incorporated into this final to implement the Fishery Management (63 FR 54433) with a comment period rule, the uncodified 1999 bluefin tuna Plan for Atlantic Tunas, Swordfish, and ending on January 7, 1999, and a Notice landings quota specifications proposed Sharks (HMS FMP), and Amendment 1 of Availability of the Draft HMS FMP on in that same document will be to the Atlantic Billfish Fishery October 26, 1998 (63 FR 57093), with a published elsewhere in this Federal Management Plan (Billfish FMP). This comment period ending on January 25, Register issue. action implements the requirements of 1999. NMFS published a proposed rule NMFS received approximately 5,000 the Magnuson-Stevens Fishery to implement the FMPs on January 20, comments via letter, postcard, facsimile, Conservation and Management Act 1999 (64 FR 3154) and extended the and electronic mail. Many individuals (Magnuson-Stevens Act), implements comment periods for the FMP and groups provided verbal and written the recommendations of the documents from January 25 to March 4, comments at public hearings. Those International Commission for the 1999, to coincide with the comment comments are summarized here Conservation of Atlantic Tunas (ICCAT) period on the proposed rule. NMFS followed by NMFS' responses thereto. as required by the Atlantic Tunas scheduled public hearings to receive Convention Act (ATCA), and Comments and Responses comments on the FMPs and proposed consolidates regulations for HMS regulations, announced in the Federal General conservation and management into one Register on January 22, 1999 (64 FR Comment 1: Quota management is part of the Code of Federal Regulations 3486). inappropriate for a recreational fishery. (CFR) to comply with the President's NMFS did not identify a preferred I do not support a recreational closure Regulatory Reinvention Initiative. alternative for BFT stock rebuilding in of any fishery. DATES: This rule is effective July 1, 1999 the draft HMS FMP because new Response: Recreational landings of except that the addition of § 635.25 and information on stock status from the bluefin tuna and blue and white marlin the removal and reservation of §§ 285.22 September 1998 stock assessment by the are subject to quotas or caps due to and 644.21(a) are effective May 24, Standing Committee on Research and international management 1999, the revisions to § 600.725(v) will Statistics (SCRS), as well as the results recommendations. In addition, domestic be effective July 26, 1999, § 635.69 will of negotiations at the November 1998 regulations prohibit retention of certain be effective September 1, 1999, and ICCAT meeting, were not available at species by all user groups, including a § 635.4(b) will be made effective when the time. On February 25, 1999, NMFS subset of shark species and spearfish, the Office of Management and Budget published a Notice of Availability of an because these species are either (OMB) approves the information addendum to the Draft HMS FMP and particularly vulnerable or little is collection contained therein. When proposed supplemental regulations to known about their status. In the final approved, NMFS will publish in the implement the addendum (64 FR 9298). HMS FMP and Billfish FMP Federal Register notification of the The addendum and supplemental rule amendment, NMFS implements effective date of § 635.4(b). contained alternatives and updated this measures that are designed to increase ADDRESSES: Copies of the HMS FMP, information only for BFT: BFT flexibility and allow continued Amendment 1 to the Billfish FMP, the rebuilding, domestic allocations, quota participation in the recreational fishery final rule and supporting documents, adjustment procedures, measures to despite the caps or quotas. For example, including the Revised Final reduce dead discards of BFT, General the Billfish FMP amendment manages Environmental Impact Statements category effort controls for the 1999 the recreational fishery primarily (FEIS) and the Final Regulatory fishing season, and data collection through the use of minimum sizes, Flexibility Analyses (FRFA), summaries requirements. rather than bag limits or seasonal of these items, or information on On March 4, 1999, NMFS announced closures. sources for permit applications and an additional public hearing and further Comment 2: Our coastal and offshore reporting forms can be obtained from extended the comment period on the resources need more protection from VerDate 06-MAY-99 14:33 May 27, 1999 Jkt 183247 PO 00000 Frm 00002 Fmt 4701 Sfmt 4701 E:\FR\FM\A28MY0.001 pfrm03 PsN: 28MYR2 Federal Register / Vol. 64, No. 103 / Friday, May 28, 1999 / Rules and Regulations 29091 foreign fishing fleets; NMFS is managed as a unit or in close proposed rule. Nearly 5,000 comments disadvantaging U.S. fishermen; NMFS coordination.'' Previous Atlantic billfish were received, along with record should not implement all these regulations, implemented solely under attendance at the 27 public hearings, domestic measures because foreign the authority of the Magnuson Act, and AP meetings to address public fleets will catch the fish instead. restricted fishing-related activities comment. It is clear that the public was Response: There is no foreign fishing (possession and retention, size limits, fully aware of and took advantage of the for HMS within the U.S. EEZ. Atlantic- gear limitations and incidental catch opportunity to comment on these wide, NMFS works through the ICCAT restrictions) within the jurisdictional proposals. The final HMS FMP and process as well as bilateral efforts limits of the U.S. EEZ. U.S.-flagged billfish FMP amendment clearly (Canada, Mexico) to address issues of commercial and recreational vessels demonstrate that, where possible, NMFS common concern in the management of operating exclusively outside the U.S. has effected changes that meet the same HMS. EEZ were not affected by these objectives but with less impact on the Comment 3: NMFS has to implement restrictions, although the sale, purchase affected communities. Finally, these the strongest possible domestic or barter of Atlantic billfish harvested documents provide a framework for the measures for protecting these fine from the management unit (i.e., for blue continued management of these species, species [HMS] as a safeguard against and white marlin, the Atlantic Ocean and delays will only hinder progress. inaction at the international level. north of 5o N. latitude) was prohibited. Comment 8: Framework provisions Response: NMFS agrees that strong However, implementation of Atlantic should be taken out of the FMP, as they domestic measures must be taken to blue marlin and white marlin are not understood by the public, and rebuild and maintain HMS. However, regulations under both the Magnuson- there is no oversight on the framework for most HMS, international cooperation Stevens Act and ATCA will make these procedures used by NMFS. is essential to a successful management regulations applicable to all U.S. Response: NMFS disagrees. The program. The final HMS FMP and citizens and U.S.-flagged commercial purpose of the framework process is to Billfish FMP amendment establish a and recreational vessels, regardless facilitate timely management of HMS.
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