Monday, October 2, 2006 Part II Department of Commerce National Oceanic and Atmospheric Administration 50 CFR Parts 300, 600, and 635 Atlantic Highly Migratory Species; Recreational Atlantic Blue and White Marlin Landings Limit; Amendments to the Fishery Management Plan for Atlantic Tunas, Swordfish, and Sharks and the Fishery Management Plan for Atlantic Billfish; Final Rule VerDate Aug<31>2005 18:21 Sep 29, 2006 Jkt 208001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\02OCR2.SGM 02OCR2 rwilkins on PROD1PC63 with RULES_2 58058 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations DEPARTMENT OF COMMERCE ADDRESSES: Copies of the Final the Environmental Protection Agency Consolidated HMS FMP and other (EPA) published the Notice of National Oceanic and Atmospheric relevant documents are available from Availability (NOA) for the Draft Administration the Highly Migratory Species Environmental Impact Statement (DEIS) Management Division website at and the accompanying Draft 50 CFR Parts 300, 600, and 635 www.nmfs.noaa.gov/sfa/hms or by Consolidated HMS FMP (70 FR 48705). contacting Karyl Brewster-Geisz at 301– The 60-day comment period on the [Docket No. 030908222-6241-02; I.D. 713–2347. proposed rule was initially open until 051603C] FOR FURTHER INFORMATION CONTACT: October 18, 2005. However, because Karyl Brewster-Geisz, Margo Schulze- many of NMFS’ constituents were RIN 0648–AQ65 Haugen, or Chris Rilling at 301–713– adversely affected by Hurricanes Katrina and Rita in 2005, and the resultant Atlantic Highly Migratory Species; 2347 or fax 301–713–1917; Russell Dunn at 727–824–5399 or fax 727–824– cancellation of three public hearings in Recreational Atlantic Blue and White the Gulf of Mexico region, NMFS Marlin Landings Limit; Amendments to 5398; or Mark Murray-Brown at 978– 281–9260 or fax 978–281–9340. extended the comment period on the the Fishery Management Plan for proposed rule until March 1, 2006 (70 SUPPLEMENTARY INFORMATION: Atlantic Tunas, Swordfish, and Sharks FR 58177, October 5, 2005) for a total of and the Fishery Management Plan for Background 194 days. During that time, NMFS held Atlantic Billfish The Atlantic HMS fisheries are 24 public hearings, gave presentations at AGENCY: National Marine Fisheries managed under the dual authority of the the five Atlantic Regional Fishery Service (NMFS), National Oceanic and Magnuson-Stevens Fishery Management Councils and at the Gulf Atmospheric Administration (NOAA), Conservation and Management Act and Atlantic States Marine Fisheries Commissions, and received several Commerce. (Magnuson-Stevens Act) and the thousand written comments. These ACTION: Final rule; decision on petition Atlantic Tunas Convention Act (ATCA). comments are summarized below under for rulemaking. The Final Consolidated HMS FMP is Response to Comments. implemented by regulations at 50 CFR SUMMARY: NMFS finalizes the In the proposed rule, NMFS also took part 635. additional actions including:(1) a Consolidated Highly Migratory Species NMFS announced its intent to prepare (HMS) Fishery Management Plan (FMP). withdrawal of the 2003 proposed rule to an Environmental Impact Statement implement the International This Final Consolidated HMS FMP (EIS) amending the the Atlantic Billfish changes certain management measures, Commission for the Conservation of FMP and FMP for Atlantic Tunas, Atlantic Tunas (ICCAT) 250 adjusts regulatory framework measures, Swordfish, and Sharks on July 9, 2003 and continues the process for updating recreationally caught marlin landings (68 FR 40907). On April 30, 2004 (69 FR limit (September 17, 2003; 68 FR HMS essential fish habitat. This final 23730), NMFS announced the rule could impact fishermen and dealers 54410); (2) a decision not to include in availability of an Issues and Options the Draft Consolidated HMS FMP the for all Atlantic HMS fisheries. The final Paper and nine scoping meetings. On rule will: establish mandatory exemption to the ‘‘no sale’’ provision for May 26, 2004 (69 FR 29927), NMFS the artisanal handline fishery in Puerto workshops for commercial fishermen extended the comment period on the and shark dealers; implement Rico, as outlined in the 1988 Billfish Issues and Options Paper, and FMP; and (3) an analysis of a petition complementary time/area closures in announced an additional scoping for rulemaking from Blue Ocean the Gulf of Mexico (GOM); implement meeting. A summary of the major Institute et al. that requested NMFS criteria for adding new or modifying comments received during scoping was close a particular BFT spawning area in existing time/area closures; address released in December 2004 and is the Gulf of Mexico (copies of the rebuilding and overfishing of northern available on the HMS Management petition are available upon request, see albacore tuna and finetooth sharks; Division website or by requesting a hard ADDRESSES). Item 1 above was implement recreational management copy (see ADDRESSES). During scoping, completed at the proposed rule stage. measures for Atlantic billfish; modify NMFS referred to this project as Item 2 is finalized in this final rule with bluefin tuna (BFT) General Category Amendment 2 to the existing FMPs. the consolidation of the two FMPs, and subperiod quotas and simplify the Starting with the Predraft stage, NMFS is not discussed further. The decision management process of BFT; change the has referred to this project as the Draft regarding the petition for rulemaking fishing year for tunas, swordfish, and Consolidated HMS FMP. (item 3) is described in this final rule billfish to a calendar year; authorize In February 2005, NMFS released the after the changes to proposed rule speargun fishing gear in the recreational combined Predraft to the Consolidated section. fishery for bigeye, albacore, yellowfin, HMS FMP and annual Stock This final rule does not contain and skipjack (BAYS) tunas; authorize Assessment and Fishery Evaluation information regarding the management buoy gear in the commercial swordfish (SAFE) Report. Comments received on history of Atlantic HMS, EFH, or the handgear fishery; clarify the allowance both the Issues and Options Paper and alternatives considered. Those issues of secondary gears (also known as the Predraft were considered when are discussed in the proposed rule and cockpit gears); and clarify existing drafting and analyzing the ecological, are not repeated here. This final rule regulations. This final rule also economic, and social impacts of the does contain responses to comments announces the decision regarding a alternatives in the proposed rule. A received during the public comment petition for rulemaking regarding summary of the comments received on period, a description of changes to the closure areas for spawning BFT in the the Predraft was released in June 2005 proposed rule, and a decision regarding Gulf of Mexico. and is available on the HMS a petition to rulemaking. The response DATES: This final rule is effective Management Division website or by to comments section is organized November 1, 2006, except for the requesting a hard copy (see ADDRESSES). similarly to the organization of the Final addition of § 635.8 which will be On August 19, 2005, NMFS published HMS FMP and the proposed rule. The effective January 1, 2007. the proposed rule (70 FR 48804), and description of the changes to the VerDate Aug<31>2005 18:21 Sep 29, 2006 Jkt 208001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\02OCR2.SGM 02OCR2 rwilkins on PROD1PC63 with RULES_2 Federal Register / Vol. 71, No. 190 / Monday, October 2, 2006 / Rules and Regulations 58059 proposed rule can be found after the Within many of these major groupings conservation management regime and response to comment section. The are several separate subheadings. The sustainable fisheries. NMFS needs decision regarding the petition for comments are numbered consecutively, additional education and outreach rulemaking can be found after the starting with 1, at the beginning of each workshops, as well as cooperative changes to the proposed rule section. of these separate subheadings. The research initiatives, before significant Information regarding the subheadings under ‘‘Bycatch reductions in post-release mortality can management history of Atlantic HMS, Reduction’’ are: (A) Workshops; and, (B) be achieved. EFH, and the alternatives considered Time/Area Closures. The subheadings Response: The protected species safe was provided in the preamble of the under ‘‘Rebuilding and Preventing handling, release, and identification proposed rule and is not repeated here. Overfishing’’ are: (A) Northern Albacore workshops are intended to reduce the Additional information can be found in Tuna; (B) Finetooth Sharks; and, (C) mortality of sea turtles, smalltooth the Final Consolidated HMS FMP Atlantic Billfish. The subheadings sawfish, and other protected resources available from NMFS (see ADDRESSES). under ‘‘Management Program Structure’’ and non-target species captured Most of the measures in this rule, include: (A) Bluefin Tuna Quota incidentally in the HMS pelagic and such as the measures relating to time/ Management; (B) Timeframe for Annual bottom longline and gillnet fisheries. area closures, BFT, authorized fishing Management of HMS Fisheries; (C) These workshops are required to gears, and regulatory housekeeping, will Authorized Fishing Gears; and, (D) comply with the 2003 and 2004 ESA be effective on November 1, 2006. Regulatory Housekeeping Measures. BiOps. Owners and operators of PLL, However, the workshop