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acquisition, protection, restoration, or FOR FURTHER INFORMATION CONTACT: Dr. that extend beyond one Council’s construction projects. This information Steve Branstetter, NMFS, 727–570– geographical area of authority is granted collection will enable NOAA to 5305. to the Secretary under section 304(f) of implement the CELCP, under its current SUPPLEMENTARY INFORMATION: Currently, the Magnuson-Stevens Act. or future authorization, and facilitate dolphin in the EEZ of the South Atlantic Subsequently, on July 16, 2002, the SAFMC requested that the Secretary the review of similar projects under and Gulf of Mexico is managed under allow the SAFMC to withdraw from different, but related, authorities. the FMP for the Coastal Migratory further action to prepare a joint FMP. Affected Public: State, Local, or Tribal Pelagic Resources of the Gulf of Mexico The SAFMC further requested that the Government; and not-for-profit and South Atlantic (Coastal Pelagics Secretary re-designate the SAFMC as institutions. FMP). Wahoo in the EEZ is currently Frequency: One-time. true lead for an FMP encompassing only not managed under any Federal FMP. Respondent’s Obligation: Required to the U.S. Atlantic coast, and excluding The Gulf of Mexico Fishery obtain or retain a benefit. the Gulf of Mexico and U.S. Caribbean Management Council (GMFMC) and OMB Desk Officer: David Rostker, regions. The SAFMC submitted this SAFMC have joint responsibility for (202) 395–3897. request because of continued logistic Copies of the above information developing and amending the Coastal delays in finalizing and implementing collection proposal can be obtained by Pelagics FMP (managed species include the jointly developed FMP. The SAFMC calling or writing Diana Hynek, king mackerel, Spanish mackerel, cero, was concerned that these delays could Departmental Paperwork Clearance cobia, dolphin, little tunny, and bluefish exacerbate identified user conflicts Officer, (202) 482–0266, Department of in the Gulf of Mexico). The Coastal specific to the fishery along the Atlantic Commerce, Room 6625, 14th and Pelagics FMP is implemented under coast. Constitution Avenue, NW., Washington, authority of the Magnuson-Stevens Act NMFS, on behalf of the Secretary, DC 20230 (or via the Internet at by regulations at 50 CFR part 622. responded to the Council in a letter [email protected]). Presently, those regulations specify dated October 9, 2002, indicating that Written comments and authorized fishing gears for dolphin. the agency found merit with the recommendations for the proposed Given the increasing fishing pressure SAFMC’s proposal. NMFS still believes information collection should be sent on dolphin and wahoo, and the sparse that a jointly developed FMP would best within 30 days of publication of this information available on stock structure meet Magnuson-Stevens Act notice to David Rostker, OMB Desk and status, the SAFMC perceived a need requirements to manage stocks Officer, Room 10202, New Executive to provide management for dolphin and throughout their ranges. Nevertheless, Office Building, Washington, DC 20503. wahoo resources throughout their NMFS also recognizes that the National ranges. The SAFMC believed that Standard Guidelines (NSG), at 50 CFR Dated: January 23, 2003. present fishery conditions required Gwellnar Banks, 600.320, suggest that more restrictive timely action to prevent localized alternative management units may be Management Analyst, Office of the Chief reductions in fish abundance due to Information Officer. justified if complementary management heavy fishing pressure and serious user is planned for other geographic areas or [FR Doc. 03–2033 Filed 1–28–03; 8:45 am] group conflicts before they occurred off if the unmanaged portions of the stocks BILLING CODE 3510–22–S the southern Atlantic states or are immaterial to proper management elsewhere in the Atlantic EEZ. within the area under consideration for Consequently, on September 15, 1997, DEPARTMENT OF COMMERCE the alternate management unit, the SAFMC requested authorization especially if designated alternate National Oceanic and Atmospheric under the Magnuson-Stevens Act to management units are specifically Administration develop an FMP that would provide relevant to the FMP’s objectives. comprehensive management and In the case of the dolphin and wahoo [I.D. 011403A] protection of dolphin and wahoo in the FMP, social and economic issues are EEZ of the Atlantic, Gulf of Mexico, and identified as the SAFMC’s primary Fisheries of the Caribbean, Gulf of Caribbean Sea. objectives in the FMP. The SAFMC is Mexico, and South Atlantic; Fisheries On March 9, 1998 (63 FR 11422), and not attempting to rectify a biological for Dolphin and Wahoo May 5, 1998 (63 FR 24774), NMFS problem with the stocks; neither stock is AGENCY: National Marine Fisheries published documents in the Federal overfished nor approaching an Service (NMFS), National Oceanic and Register requesting public comment on overfished condition because of Atmospheric Administration (NOAA), the SAFMC proposal. After considering overfishing. The SAFMC has specific Commerce. the SAFMC request, and the public objectives to: (1) minimize the potential ACTION: Notice of agency action. comment received, NMFS, acting on for localized reductions in fish behalf of the Secretary under the abundance, which can have economic SUMMARY: NMFS, under authority procedures of the Magnuson-Stevens and social impacts; (2) minimize market granted to the Secretary of Commerce Act, designated the SAFMC, GMFMC, disruptions from intense landings by all (Secretary) under section 304(f) of the and Caribbean Fishery Management sectors; (3) minimize conflicts and Magnuson-Stevens Fishery Council (CFMC) as joint preparers of a competition between recreational and Conservation and Management Act new FMP for the fisheries for dolphin commercial user groups; and (4) (Magnuson-Stevens Act), has re- and wahoo throughout their range in the optimize social and economic benefits designated the South Atlantic Fishery EEZ of the Atlantic, Gulf of Mexico, and by recognizing and maintaining the Management Council (SAFMC) as the Caribbean Sea, with the Mid-Atlantic historical importance of the recreational lead council to develop a dolphin Fishery Management Council (MAFMC) fishery. (Coryphaena hippurus and C. equiselis), and New England Fishery Management No similar economic and social issues and wahoo (Acanthocybium solanderi), Council (NEFMC) serving in an advisory requiring management have been fishery management plan (FMP) in the capacity to the other Councils. identified by the GMFMC or CFMC for exclusive economic zone (EEZ) for the Authority to designate a Council or their respective areas of jurisdiction. In U.S. Atlantic coast. Councils to prepare an FMP for fisheries the Gulf of Mexico, about 90 percent of

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the combined dolphin and wahoo approved by a majority of the voting Comment 2: One commenter opposed commercial and recreational landings members, present and voting, of both the SAFMC request to manage beyond are from the west coast of Florida. Of the SAFMC and GMFMC. their specific area of jurisdiction (North the two species, dolphin dominate the Carolina to the Florida Keys) to include Comments and Responses landings, and Florida has regulations in the entire U.S. Atlantic coast. place that restrict the commercial In addition to three letters in support Response: Under the existing harvest of dolphin to hook-and-line of the SAFMC proposal from Councils, designation by the Secretary (64 FR fishing in state waters (where most of eleven letters of comment were received 33468, June 23, 1999) to develop a joint the harvest occurs), thus limiting the from the public. Four letters commented FMP, the SAFMC already has the potential for user group conflicts. only on specific management actions authority to manage these stocks in the Similarly, catches and landings for both that have been proposed by SAFMC and U.S. Atlantic region. The MAFMC and dolphin and wahoo in the Caribbean are three letters based their comments on NEFMC agreed not to manage the stocks minimal compared to the catches in the the proposed re-designation by directly, but to serve in an advisory other areas, and in many instances, the questioning the appropriateness of the capacity to the SAFMC. Thus, catches are incidental to the catch of SAFMC’s proposed management designating the SAFMC to develop an targeted species such as billfishes. actions. NMFS appreciates the input of FMP for dolphin and wahoo fisheries Therefore, NMFS sought comment on these informed fishery participants along the U.S. Atlantic coast does not the SAFMC proposal from the affected regarding proposed management actions alter the existing range of the SAFMC Councils and the general public. In for the dolphin and wahoo fisheries. jurisdiction for these fisheries, nor the letters to the GMFMC, CFMC, MAFMC, Nevertheless, comments on the ability to establish management and NEFMC, dated October 22, 2002, proposed management measures are measures for that specific region. NMFS presented the SAFMC proposal beyond the scope of this request for Comment 3: Six comments were and NMFS’ reasons, outlined above, for comments, and are not addressed here. received suggesting that the SAFMC’s supporting the proposal. Three of the When the SAFMC submits the FMP for membership gives preference to the four Councils responded in support the the dolphin and wahoo fisheries for recreational sector, and without SAFMC proposal; the fourth Council review by the Secretary, NMFS will representation of the commercial did not respond. Additionally, NMFS provide the public with the opportunity pelagic longline fishery, the SAFMC published a Federal Register notice (67 to comment on the proposed would not manage the dolphin and FR 70214, November 21, 2002) seeking management actions. wahoo stocks fairly and equitably public comment on the SAFMC among all fishing sectors. To best Comment 1: One comment supported proposal. Eleven letters of comment address management of these species the designation of the U.S. Atlantic were received from the public (see that have distributions extending coast as a justified alternate Comments and Responses below). beyond any one Council’s geographical Based on responses from the other management unit. Given that the area of authority, dolphin and wahoo affected Councils and public comment, proposed FMP for the dolphin and should be managed as highly migratory NMFS, on behalf of the Secretary, under wahoo fisheries is not designed to species (HMS) by NMFS in conjunction the procedures of the Magnuson-Stevens control fishing mortality but to maintain with the International Commission for Act, has designated the SAFMC as the status quo in a healthy fishery, fishing the Conservation of Atlantic Tunas and lead Council to develop an FMP for the on the unmanaged portion of the stock all the affected Councils. If NMFS does fisheries for dolphin and wahoo in the in the Gulf of Mexico and Caribbean not assume authority to manage these U.S. Atlantic EEZ. Under this regions will not materially effect the species as HMS, the current five-council designation the MAFMC and NEFMC SAFMC goals. process should be maintained to ensure would continue to serve in an advisory Response: NMFS still believes that a fair and equitable management capacity to the SAFMC. Once jointly developed FMP would best meet throughout the range of the stocks. completed, the dolphin/wahoo FMP or Magnuson-Stevens Act requirements to Response: NMFS disagrees with the subsequent amendments would be manage stocks throughout their ranges. comments alleging bias in the submitted for Secretarial review, Nevertheless, NMFS recognizes that the composition and position of the South approval, and implementation. NSGs allow for alternative management Atlantic Council membership. In Additionally, it will be necessary to units, encompassing a portion of the approving candidates for Council remove the U.S. Atlantic Ocean range of the stocks, if complementary membership, the Secretary and his component of the dolphin stock from management is planned for other designees endeavor to balance equitably management in the Coastal Migratory geographic areas or if the unmanaged the representation of diverse user Pelagics (CMP) FMP. The CMP FMP is portions of the stocks are immaterial to groups and resource managers. implemented under authority of the proper management within the area As for ensuring fair and equitable Magnuson-Stevens Act by regulations at under consideration for the alternate management, it is NMFS’ responsibility 50 CFR part 622. The CMP FMP is a management unit, especially if to ensure that any management joint plan involving both the GMFMC designated alternate management units measures developed under an FMP and and SAFMC, and species in the fishery are specifically relevant to the FMP’s its amendments comply fully with the include king mackerel, Spanish objectives. In the case of the dolphin national standards, other provisions of mackerel, cero, cobia, dolphin, little and wahoo FMP, social and economic the Magnuson-Stevens Act, and other tunny, and bluefish in the Gulf of issues are identified as the SAFMC’s applicable law before these measures Mexico. Presently, the only regulations primary objectives in the FMP. No would be approved and implemented. in the CMP FMP that pertain to dolphin similar economic and social issues Additionally, some of these are those that specify authorized fishing requiring management have been commenters appeared to misunderstand gears in the Atlantic and Gulf of Mexico identified by the GMFMC or CFMC for the existing June 23, 1999, designation EEZ. Removal of the U.S. Atlantic their respective areas of jurisdiction. by the Secretary (64 FR 33468) to component of the dolphin stock from Therefore, NMFS, on behalf of the develop a joint FMP. It is true that the the CMP FMP would require a plan Secretary, is approving the SAFMC FMP would have needed approval by a amendment and would have to be request. majority of the voting members, present

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and voting, of the SAFMC, GMFMC, and ACTION: Notice. injured in the set in which the tuna was CFMC. However, each Council would harvested. thereafter have the authority to establish SUMMARY: This notice announces that on On December 31, 2002, Earth Island independently the regulations January 21, 2003, the United States Institute, eight organizations, and one pertaining to the fisheries in its District Court for the Northern District individual person filed a complaint in respective area of jurisdiction. of California issued an order that stayed the United States District Court for the Therefore, except for initially approving the implementation of the final finding Northern District of California. This the FMP as a whole, the Councils would made on December 31, 2002, by the complaint challenges the final finding of not be at liberty to oppose a Assistant Administrator for Fisheries, the Assistant Administrator and seeks to management action that did not affect NMFS, (Assistant Administrator). The enjoin any change to the dolphin-safe their respective region. For example, in stay of the labeling standard for labeling standard for tuna harvested the most recent draft of the joint FMP, ‘‘dolphin-safe’’ tuna became effective on with purse seine nets. the SAFMC proposed a size limit for January 23, 2003, and shall remain in On January 21, 2003, the Court, at the dolphin along the U.S. Atlantic coast, effect for 90 days from the effective date request of all parties, issued an order but the GMFMC and CFMC did not or until a ruling is issued on a motion that stayed the implementation the final establish a size limit in their respective for a preliminary injunction, to be finding. Under the terms of this order, areas, nor could the GMFMC or CFMC published in the Federal Register. the labeling standard for dolphin-safe oppose that proposed SAFMC action. DATES: Effective on January 23, 2003. tuna shall be governed by the provisions The decision to approve or disapprove of subsection (h)(2) of the DPCIA. Under a management action lies solely with FOR FURTHER INFORMATION CONTACT: that provision, tuna harvested by purse the Secretary. As with the 1999 Nicole R. Le Boeuf, Office of Protected seine vessels with 400 short tons or designation, under the new designation, Resources, NMFS, 301–713–2322. greater carrying capacity in the ETP is the MAFMC and NEFMC would remain SUPPLEMENTARY INFORMATION: The deemed dolphin-safe if, ‘‘no tuna were as advisors to the SAFMC for Dolphin Protection Consumer caught on the trip in which such tuna management actions that affected their Information Act (DPCIA) (16 U.S.C. were harvested using a purse seine net respective areas of jurisdiction. 1385), as amended by the International intentionally deployed on or to encircle In regards to the establishment of a Dolphin Conservation Program Act, dolphins, and no dolphins were killed broader, international-based requires the Secretary of Commerce or seriously injured during the sets in management strategy, NMFS outlined (Secretary) to make a finding, based on which the tuna were caught.’’ The terms its position regarding the designation of the results of specified scientific of the order further provide that this a restricted alternative management unit research, information obtained under labeling standard shall remain in effect that includes only the U.S. Atlantic the International Dolphin Conservation for 90 days from the date of the order waters in the response to Comment 1. Program, and any other relevant or until a ruling is issued on a motion The dolphin and wahoo stocks are not information, as to whether the for a preliminary injunction, which will overfished, nor are they undergoing intentional deployment on or be published in the Federal Register. overfishing, and management as encirclement of dolphins with purse Dated: January 23, 2003. proposed by the SAFMC for its area of seine nets is having a ‘‘significant Rebecca J. Lent, authority for these stocks (the U.S. adverse impact’’ on any depleted Deputy Assistant Administrator for Atlantic coast) is intended to address dolphin stock in the eastern tropical Regulatory Programs, National Marine issues of concern within this area. Pacific Ocean (ETP). On December 31, Fisheries Service. NMFS and the SAFMC will continue to 2002, the Assistant Administrator, on [FR Doc. 03–1973 Filed 1–24–03; 12:28 pm] monitor the status of these stocks, and behalf of the Secretary, issued a final BILLING CODE 3510–22–S should the need arise to manage these finding required under subsection (g)(2) stocks on a broader scale, an alternative of the DPCIA published a notification in management strategy can be devised. the Federal Register on January 15, DEPARTMENT OF COMMERCE Authority: 16 U.S.C. 1801 et seq. 2003 (68 FR 2010). National Oceanic and Atmospheric Dated: January 23, 2003. In the final finding, the Assistant Administrator determined that the chase Administration Rebecca Lent, and intentional deployment on or Deputy Assistant Administrator for encirclement of dolphins with purse Meeting of the Chairs of the National Regulatory Programs,National Marine Marine Sanctuary Program’s Sanctuary Fisheries Service. seine nets is not having a significant adverse impact on depleted dolphin Advisory Councils [FR Doc. 03–2030 Filed 1–28–03; 8:45 am] stocks in the ETP. The final finding AGENCY: BILLING CODE 3510–22–S National Marine Sanctuary changed the definition of dolphin-safe Program (NMSP), National Ocean for tuna products containing tuna Service (NOS), National Oceanic and DEPARTMENT OF COMMERCE harvested in the ETP by purse seine Atmospheric Administration, vessels with carrying capacity greater Department of Commerce (DOC). National Oceanic and Atmospheric than 400 short tons and exported from, ACTION: Notice. Administration sold in, the United States. Based upon the final finding, the definition of SUMMARY: The National Marine [I.D. 011303E] dolphin-safe for such tuna will be Sanctuary Program (NMSP) is holding a Taking and Importing of Marine governed by the provisions of meeting of the Chairs of its eleven site- Mammals subsection (h)(1) of the DPCIA (16 specific Sanctuary Advisory Councils U.S.C. 1385). Under this definition, (Councils). The purpose of the meeting AGENCY: National Marine Fisheries dolphin-safe means that dolphins can be is to obtain recommendations from the Service (NMFS), National Oceanic and encircled or chased during the trip in Chairs on the prioritization of a list of Atmospheric Administration, which the tuna was harvested, but that policy topics that should be addressed Commerce. no dolphins can be killed or seriously on a programmatic basis and, if time

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