Federal Register / Vol. 72, No. 91 / Friday, May 11, 2007 / Rules and Regulations 26735 

Species1

Where Listed Citation(s) for Listing Determinations 

Citation(s) for Critical Habitat Common name Scientific name 

(23) Puget Sound Steelhead Oncorhynchus 

mykiss 

U.S.A., WA, Distinct Population Segment including all naturally spawned 

anadromous O. mykiss (steelhead) 

populations, from streams in the river 

basins of the Strait of Juan de Fuca, 

Puget Sound, and Hood Canal, 

Washington, bounded to the west by 

the Elwha River (inclusive) and to 

the north by the Nooksack River and 

Dakota Creek (inclusive), as well as 

the Green River natural and Hamma 

Hamma winter-run steelhead hatchery stocks. 

[Insert FEDERAL REGISTER page citation]May 

11, 2007 

NA 

* * * * * 

1Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 

1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991) 

[FR Doc. E7–9089 Filed 5–10–07; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 070307055–7099–02; I.D. 

022607F] 

RIN 0648–AV25 

Atlantic Highly Migratory Species 

(HMS); U.S. Atlantic Billfish 

Tournament Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule suspends 

mandatory circle hook requirements for 

participants in Atlantic billfish fishing 

tournaments through December 31, 

2007. Circle hook requirements will be 

reinstated unchanged effective 12:01 

a.m., January 1, 2008. The suspension is 

intended to increase post-release 

survival rates of Atlantic billfish in the 

long-term by providing an additional 

phase-in period during which Atlantic 

billfish tournament anglers can become 

more proficient and familiar with circle 

hooks and their ecological benefits, 

respectively. 

DATES: In this final rule, § 635.21, 

paragraph (e)(2)(iii), is suspended from 

May 11, 2007 to December 31, 2007, and 

is revised effective January 1, 2008. 

ADDRESSES: Copies of the Final 

Environmental Assessment/Regulatory 

Impact Review/Final Regulatory 

Flexibility Analysis (Final EA/RIR/ 

FRFA) are available from the Highly 

Migratory Species Management Division 

website at www.nmfs.noaa.gov/sfa/hms 

or can be obtained by contacting Russell 

Dunn or Randy Blankinship (see FOR

FURTHER INFORMATION CONTACT). 

FOR FURTHER INFORMATION CONTACT: 

Russell Dunn or Randy Blankinship, by 

phone: 727–824–5399; by fax: 727–824–

5398. 

SUPPLEMENTARY INFORMATION: The U.S. 

recreational fishery for Atlantic billfish 

is managed under the Consolidated 

Highly Migratory Species (HMS) Fishery 

Management Plan (FMP). Implementing 

regulations at 50 CFR part 635 are 

issued under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) (16 U.S.C. 1801 

et seq.), and the Atlantic Tunas 

Convention Act (ATCA) (16 U.S.C. 971 

et seq). 

Background 

NMFS recently finalized a 

Consolidated HMS FMP (October 2, 

2006; 71 FR 58058) that consolidated 

and replaced previous FMPs for Atlantic 

Billfish and Atlantic Tunas, Swordfish, 

and Sharks. The Consolidated HMS 

FMP is implemented by regulations at 

50 CFR part 635. 

Prior to January 1, 2007, the 

recreational Atlantic billfish fishery was 

subject to regulations that required 

fishing permits, limited allowable gears 

to rod and reel only, established 

minimum legal size limits, specified 

landing form of retained billfish, 

mandated reporting of billfish landings, 

required registration of all recreational 

HMS fishing tournaments and reporting 

by tournaments that are selected for 

reporting, prohibited the retention of 

longbill spearfish, and prohibited sale of 

any billfish, among other measures. The 

final rule implementing the 

Consolidated HMS FMP implemented 

additional regulations that applied to 

the Atlantic recreational billfish fishery. 

Effective January 1, 2007, these 

regulations require anglers fishing from 

HMS permitted vessels and 

participating in Atlantic billfish 

tournaments to use only non-offset 

circle hooks when deploying natural 

baits or natural bait/artificial lure 

combinations. The regulations allow the 

use of J-hooks (the hook-type 

traditionally used in this fishery) with 

artificial lures in tournaments, and do 

not impose hook requirements on 

recreational fishermen fishing outside of 

Atlantic billfish tournaments. 

Additionally, the final rule limits U.S. 

landings of Atlantic blue and white 

marlin to 250 individual fish, combined, 

on an annual basis. 

In response to continuing public 

input on the Atlantic billfish 

tournament circle hook regulations, 

NMFS released a draft environmental 

assessment and published a proposed 

rule on March 15, 2007 (72 FR 12154), 

that included a preferred alternative to 

suspend Atlantic billfish tournament 

circle hook requirements through 

December 31, 2007. The EA considered 

three alternatives. Information regarding 

these alternatives was provided in the 

proposed rule and is not repeated here. 

Response to Comments 

The public comment period for the 

proposed rule was open from March 15, 

2007 to March 30, 2007. During that 

time, NMFS held three public hearings 

and received comments from 111 

individuals or organizations. A 

summary of the major comments 

received, along with NMFS’ responses 

are provided below. 


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Comment 1: Several commenters in 

favor of Alternative 1, the no action 

alternative (status quo), stated that the 

existing measure is necessary to protect 

Atlantic white marlin stocks and 

promote rebuilding. Similarly other 

commenters felt that maintaining the 

circle hook requirement would be 

beneficial in reducing the likelihood of 

listing white marlin as endangered or 

threatened under the Endangered 

Species Act. 

Response: NMFS agrees that 

maintaining the circle hook requirement 

would continue to provide post-release 

hooking mortality benefits; however, 

given the short duration of the circle 

hook suspension, NMFS projects that it 

will result in a one-time limited number 

of additional white marlin post-release 

mortalities that would not adversely 

affect the Atlantic wide stock in a 

measurable way. NMFS believes that the 

provision of an additional phase-in 

period during which anglers can 

become more proficient, comfortable, 

and accepting of circle hooks will, in 

the long-term, offset the short-term 

increase in mortalities by resulting in 

greater long-term compliance with circle 

hook regulations. The white marlin 

listing review, conducted under the 

Endangered Species Act, is currently 

underway. The biological review team 

conducting the review may consider the 

impacts of all fishery management 

measures in effect including circle hook 

requirements when making its 

recommendations. NMFS cannot predict 

the outcome of the review team’s 

deliberations or the direct impact that 

any particular regulation may have on 

the outcome of such deliberations. 

Comment 2: NMFS received comment 

in support of Alternative 1, the no 

action alternative (status quo), because 

commenters felt there are many 

different ways of rigging baits with 

circle hooks that have been tested and 

proven to work. 

Response: NMFS received similar 

comment during and following 

development of the circle hook 

requirement from anglers stating that 

successful methods of rigging baits with 

circle hooks exist and are practiced. 

NMFS agrees that appropriate rigging 

techniques for circle hooks exist which 

allow anglers to successfully catch 

Atlantic billfish. Further, Prince et al. 

2002, found no statistical difference 

between catch rates between circle 

hooks and J-hooks using both natural 

dead bait trolling and live bait drifting/ 

kite fishing techniques. Additionally, 

several popular articles have been 

published in major sportfishing 

magazines that highlight some of these 

methods. However, NMFS believes that 

an improved long-term ecological 

benefit can be achieved by allowing an 

additional phase-in period for the 

reasons discussed in the response to 

Comment 1. 

Comment 3: The Maryland 

Department of Natural Resources 

(MDNR) expressed support for 

alternative 1, the no action alternative 

(status quo). MDNR cited its work with 

the recreational fishing community and 

the billfish tournament directors in 

Maryland to educate anglers regarding 

the conservation benefits of circle hook 

use and stated that the major billfish 

tournaments in Maryland anticipated 

the circle hook requirement and 

prepared for it. MDNR cited success 

with implementation of circle hook 

requirements in Maryland’s special 

catch and release fishery for striped bass 

in the Chesapeake Bay and stated that 

suspending the circle hook requirement 

for Atlantic billfish tournaments would 

send the wrong message to recreational 

anglers. 

Response: NMFS appreciates the 

conservation efforts of the MDNR. The 

suspension of the circle hook 

requirement in Atlantic billfish 

tournaments is a temporary measure 

with the purpose of providing 

additional time for anglers to become 

more familiar with techniques for 

rigging and fishing with circle hooks in 

Atlantic billfish tournaments, thus 

resulting in improved long-term 

compliance with the circle hook 

requirement upon reimplementation. 

NMFS has worked to increase 

awareness among anglers of the benefits 

of circle hooks and will continue to do 

so during and following the temporary 

suspension. 

Comment 4: NMFS received comment 

in support of alternative 1, the no action 

alternative (status quo), because of the 

lack of time for tournament operators to 

get the word to all potential participants 

about what gear is allowed. 

Alternatively, NMFS received comment 

in support of the preferred alternative so 

that tournament rules would not have to 

be rewritten this year as some 

tournaments may have published their 

rules using 2006 regulations. 

Response: NMFS received comment 

from multiple tournament operators 

indicating that some tournaments 

prepared for the circle hook requirement 

when it was implemented on January 1, 

2007, while others were unaware or did 

not prepare. NMFS appreciates the 

concerns of tournament operators and 

anglers regarding the need to know what 

gear configurations are available for use 

in advance. NMFS also appreciates 

those constituents that were aware of 

and prepared for the requirement and 

regrets that tournament rules may need 

to be reprinted as a result of the 

temporary suspension of the regulation. 

NMFS also points out that tournaments 

in some areas of the Atlantic and Gulf 

of Mexico have voluntarily 

implemented circle hook requirements 

in recent years and the temporary 

suspension of the requirement does not 

prevent this. NMFS encourages anglers 

and tournament operators to stay 

informed of HMS management issues 

and actions by visiting http:// 

www.nmfs.noaa.gov/sfa/hms/ and 

signing up for the electronic bulletin, 

Atlantic HMS News. 

Comment 5: NMFS received comment 

in support of the preferred alternative, 

temporarily suspend the Atlantic 

billfish circle hook requirement, that 

expressed a desire for NMFS to use the 

suspension period to accomplish several 

tasks. These suggestions include: 

improve the circle hook definition; 

investigate the availability of circle 

hooks for the recreational billfishing 

tackle market; investigate the postrelease hooking mortality rates of J-hook 

and circle hook rigged natural and 

natural bait/artificial lure combination 

baits trolled at high speed such as is 

used frequently when targeting blue 

marlin; investigate the possibility of a 

minimum size J-hook that could be 

allowed when high speed trolling for 

blue marlin; investigate post-release 

mortality of billfish when lures with 

double hooks are used; investigate how 

the circle hook requirement affects 

tournaments with mixed target species; 

investigate whether the circle hook 

requirement would accomplish its 

intended objective or not; and 

investigate post-release hooking 

mortality differences between different 

presentations of J-hooks with live baits. 

Response: NMFS agrees that 

information from studies such as some 

of those mentioned during public 

comment may be useful for refining 

management of the billfish fishery in the 

future as additional data become 

available. NMFS is working on a 

number of these issues including 

improving the definition of circle hooks 

and the potential for additional postrelease mortality studies examining 

various gear and technique 

configurations. 

Comment 6: NMFS received comment 

in favor of the preferred alternative, 

temporarily suspend the Atlantic 

billfish circle hook requirement; 

however, commenters expressed a 

desire for modifications to the circle 

hook requirement upon reimplementation. Commenters indicated 

that these modifications are popular for 

use when targeting blue marlin and are 


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Federal Register / Vol. 72, No. 91 / Friday, May 11, 2007 / Rules and Regulations 26737 

less damaging to all billfish than J-hooks 

used with live or dead natural baits on 

light tackle. Some commenters making 

this suggestion stated that some of these 

modifications would help reduce the 

impact to anglers fishing in mixed 

species tournaments. Some commenters 

stated that these modifications would 

allow the continuation of North 

Carolina’s historic and traditional 

method of fishing for blue marlin using 

heavy tackle and/or lure/bait 

combinations rigged with J-hooks and 

trolled at high speed. Suggested 

modifications included creating an 

exemption to the circle hook 

requirement to allow J-hook use with 

heavy tackle and/or lure/bait 

combinations trolled at high speed and 

creating an exemption to the circle hook 

requirement to allow J-hook use if the 

main line is less than 50 lb. test, less 

than 80 lb. test, leader size is less then 

200 lb. test, hook is at least a certain size 

that cannot be be swallowed easily by 

a billfish (hook size suggestions were 9/ 

0, 10/0, 11/0 and 12/0), or some 

combination of these criteria. 

Response: NMFS acknowledges that 

limited information from the few blue 

marlin tagged with pop-off satellite 

archival tags (PSATs) (9 fish) in the 

study by Graves et al. (2001) shows 

relatively low rates of post-release 

mortality for blue marlin caught on Jhooks when certain gear configurations 

and techniques are employed. However, 

the sample size of this one study is 

limited and no information exists on the 

impacts of combination baits with Jhooks on white marlin and other billfish 

species. NMFS implemented the 

regulations requiring circle hooks on 

natural baits and natural bait/artificial 

lure combinations based on a number of 

considerations that are detailed in the 

Final Environmental Impact Statement 

(FEIS) for the Consolidated HMS FMP. 

The basis for that decision included, but 

was not limited to: the post-release 

survival benefits of circle hooks for 

billfish and many other species 

identified in a number studies, 

comparable catch rates of billfish 

between circle hooks and J-hooks 

identified in available studies, the poor 

stock status of some Atlantic billfish 

species, the limited amount of available 

data on various gear configurations, and 

enforcement issues. NMFS will consider 

new information on the effects of the 

fishing methods mentioned above on 

fish condition and post-release mortality 

as it becomes available. NMFS 

acknowledges that the circle hook 

requirement in Atlantic billfish 

tournaments may have impacts on 

secondary fisheries including wahoo, 

king mackerel, dolphin, tunas, and other 

fisheries and has limited these impacts 

to the extent feasible in the creation of 

the circle hook requirement by applying 

it narrowly to only HMS permitted 

vessels participating in tournaments 

with award categories for Atlantic 

billfish. NMFS will consider new 

information on ways to limit impacts of 

HMS requirements on non-HMS 

fisheries as it becomes available. NMFS 

acknowledges that a traditional 

recreational fishery exists for blue 

marlin in the Atlantic and Gulf of 

Mexico that utilizes different fishing 

techniques in different locations and 

situations. The fishing technique of 

using heavy tackle and/or lure/bait 

combinations rigged with J-hooks and 

trolled at high speed is used in several 

locations throughout the Atlantic and 

Gulf of Mexico. The fishery 

management strategy employed to 

reduce post-release hooking mortality of 

Atlantic billfish through the circle hook 

requirement in Atlantic billfish 

tournaments is a modification of the 

techniques used in this fishery. NMFS 

received public comment during and 

following development of the circle 

hook requirement from anglers that 

successful methods of rigging baits with 

circle hooks exist and are practiced. 

Additionally, several articles have been 

published in major sportfishing 

magazines that highlight some of these 

methods. NMFS believes that through 

this and other fishery management 

strategies, the traditional recreational 

fishery for blue marlin and other 

Atlantic billfish may be improved by 

promoting stock rebuilding. 

Comment 7: NMFS received comment 

from the North Carolina Division of 

Marine Fisheries (NCDMF) indicating 

their support for the preferred 

alternative, temporarily suspend the 

Atlantic billfish circle hook 

requirement. NCDMF stated that the 

current rule may negatively impact 

angler’s ability to catch blue marlin. 

Concern was expressed over the impacts 

of mandating circle hook use for natural 

baits and natural bait/combinations for 

all tackle sizes. NCDMF encouraged 

NMFS to explore the circle hook 

definition, conduct research on release 

mortality of billfish released on heavy 

tackle with J-hooks, research the 

difference in catch rates of circle and Jhooks for non-billfish species targeted 

in tournaments, and explore recently 

raised questions concerning post-release 

mortality of billfish caught on double 

hooked lures. NCDMF expressed 

concern that a shortage of large nonoffset circle hooks to supply the billfish 

fishery may exist. 

Response: NMFS appreciates the 

comments of the NCDMF. The purpose 

of the temporary suspension of the 

circle hook requirement in Atlantic 

billfish tournaments is to allow 

additional time for anglers to become 

more familiar with techniques for 

rigging and fishing with circle hooks in 

Atlantic billfish tournaments, thus 

resulting in improved long-term 

compliance with the requirement upon 

reimplementation. As discussed in the 

response to Comment 6, NMFS received 

comment during and following 

development of the circle hook 

requirement from anglers stating that 

successful methods of rigging baits with 

circle hooks exist and are practiced. 

Additionally, several articles have been 

published in major sportfishing 

magazines that highlight some of these 

methods. 

Regarding the application of the circle 

hook requirement for all tackle sizes, 

NMFS developed the requirement with 

consideration for several different 

concerns which included application to 

the targeted fishery and the ease of 

enforcement, as well as other 

considerations identified in the 

response to Comment 6 and discussed 

in detail in the FEIS for the 

Consolidated HMS FMP. NMFS believes 

that the requirements for the use of 

circle hooks by permitted HMS 

fishermen when natural bait and natural 

bait/artificial lures are deployed in 

billfish tournaments improve its 

enforceability. Related to application of 

the requirement to all tackle sizes and 

researching post-release mortality for 

various tackle types, NMFS will 

consider new information on the effects 

of the fishing methods on fish condition 

and post-release hooking mortality, as it 

becomes available. NMFS has not 

received information indicating that a 

shortage of large non-offset circle hooks 

exists other than that contained in 

NCDMF’s comment. The circle hook 

requirement was finalized in October 

2006 and became effective January 1, 

2007, providing time for circle hook 

manufacturers and retail stores to 

increase inventory. The Atlantic billfish 

tournament season is protracted and 

peaks in the late spring and summer 

months, thereby providing additional 

time for manufacturers and retailers to 

prepare for demand. The preferred 

alternative to temporarily suspend the 

circle hook requirement in Atlantic 

billfish tournaments may dampen the 

peak in demand for circle hooks in 2007 

as anglers will not be required to use 

circle hooks, but may still desire to 

practice with them in preparation for reimplementation of the requirement on 


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26738 Federal Register / Vol. 72, No. 91 / Friday, May 11, 2007 / Rules and Regulations 

January 1, 2008. However, as 

mentioned, NMFS has received no 

information from anglers, distributors, 

tackle shops, tournament operators, or 

manufacturers that a real or potential 

shortage of hooks exists. 

Comment 8: NMFS received comment 

in favor of non-preferred alternative 3, 

remove Atlantic billfish tournament 

circle hook requirements, for various 

reasons including: insufficient data to 

implement a circle hook requirement in 

billfish tournaments; voluntary use of 

circle hooks should continue to be 

encouraged; fear that similar 

requirements will be imposed in all 

offshore trolling for any species to 

reduce billfish post-release mortality; 

concerns that circle hooks lodging in the 

corner of the jaw actually are the most 

painful and cause long-term damage to 

the fish resulting in a decreased ability 

of the fish to feed and increased rates of 

death relative to billfish caught with Jhooks. 

Response: NMFS disagrees that there 

is insufficient data to implement a circle 

hook requirement in billfish 

tournaments. NMFS has relied on 

publicly available peer-reviewed 

scientific papers and available 

recreational data sets in developing its 

analyses. The assumptions made to 

support the use of circle hooks are 

clearly articulated in Chapter 4 of the 

Consolidated HMS FMP. NMFS agrees 

that voluntary circle hook use in HMS 

fisheries outside of Atlantic billfish 

tournaments should be encouraged. 

Voluntary use of circle hooks was 

promoted in the years prior to 

implementation of the circle hook 

regulation on January 1, 2007; however, 

this voluntary promotion only achieved 

limited success in transitioning 

recreational anglers to circle hooks in 

the Atlantic billfish fishery. NMFS does 

not anticipate that continued promotion 

of voluntary circle hook use alone by 

tournament anglers would result in 

achieving the maximum conservation 

benefit possible of reduced post-release 

mortality of Atlantic billfish relative to 

the no action alternative. NMFS 

acknowledges that requiring circle 

hooks in all HMS fisheries could have 

impacts on secondary fisheries, 

including tunas, sharks, dolphin, 

wahoo, king mackerel, etc., and other 

inshore fisheries and has taken steps to 

minimize these impacts, as discussed 

under the response to comment 6. 

NMFS disagrees that circle hooks 

lodging in the corner of the jaw are more 

damaging to fish in the long-term and 

result in fish death more frequently than 

with J-hooks. This comment is not 

supported by peer reviewed scientific 

literature showing lower post-release 

mortality of white marlin when caught 

with circle hooks in comparison with Jhooks and showing less damaging hook 

location in sailfish and blue marlin 

when caught with circle hooks in 

comparison with J-hooks. 

Comment 9: NMFS received comment 

from lure manufacturers stating that 

rigging circle hooks with hard headed 

artificial lures and natural baits is an 

ineffective method of catching billfish 

and has resulted in substantial loss of 

lure sales. One manufacturer stated that 

the combined economic impact from 

Central American circle hook 

requirements and the domestic circle 

hook requirement implemented in 

January 2007, the requirement was large 

enough to cause his company to go out 

of business. Similarly, another lure 

manufacturer stated that hard headed 

lures with nylon skirts are designed to 

be trolled at high speed in conjunction 

with natural baits and J-hooks resulting 

in almost all fish being hooked in the 

mouth. One manufacturer expressed 

support for alternative 3, removal of 

Atlantic billfish tournament circle hook 

requirements, and another requested 

that NMFS further investigate an 

exemption for artificial lure/natural bait 

combinations rigged with J-hooks and 

trolled at high speed. 

Response: NMFS appreciates the 

comment that economic impacts may 

have occurred as a result of previous 

rulemaking to implement the circle 

hook requirement on January 1, 2007. 

As discussed in the response to 

Comment 6, NMFS received comment 

during and following development of 

the circle hook requirement from 

anglers stating that successful methods 

of rigging baits with circle hooks exist 

and are practiced. Additionally, several 

articles have been published in major 

sportfishing magazines that highlight 

some of these methods including 

methods to rig and fish with hard 

headed lures with nylon skirts used in 

combination with natural baits. NMFS 

acknowledges that investigating 

questions about certain gear and rigging 

types such as that mentioned above may 

provide additional useful information in 

the future and will consider these issues 

when identifying future research 

priorities. 

Comment 10: NMFS received 

comment that no data exists to support 

application of the circle hook 

requirement to blue marlin fishing 

methods that employ circle hook rigged 

baits trolled at high speed. These 

comments stated that the damage to 

billfish when J-hooks are used in baits 

trolled at high speed is less than when 

J-hooks are used with dead or live 

natural baits on light tackle. These 

comments also stated that no data exists 

to support the concept of the circle hook 

requirement that large baits, lures, or 

artificial/natural combination baits 

rigged with circle hooks and trolled at 

high speed result in an adequate hookup rate. 

Response: As discussed in the 

response to Comment 6, NMFS 

developed the circle hook requirement 

in Atlantic billfish tournaments with 

consideration for several different 

concerns, including but not limited to: 

the post-release survival benefits of 

circle hooks for multiple billfish species 

and other species identified in a several 

studies, comparable catch rates of 

various billfishes between circle hooks 

and J-hooks as identified in available 

studies, the poor stock status of some 

Atlantic billfish species, and 

enforcement issues. Accordingly, the 

rule applies to natural and natural/ 

artificial combination baits. NMFS 

acknowledges that limited information 

from the few blue marlin tagged with 

PSATs (9 fish) in the study by Graves et 

al. (2001) shows relatively low rates of 

post-release mortality for blue marlin 

caught on J-hooks when certain gear 

configurations and techniques are 

employed. No information exists, 

however, on the impacts of this fishing 

technique on white marlin and other 

billfish species. With this uncertainty of 

impacts in particular to white marlin, 

the regulation was developed in a 

manner to provide additional protection 

to severely overfished Atlantic 

billfishes. NMFS will consider new 

information on the effects of the fishing 

methods mentioned above on fish 

condition and post-release hooking 

mortality, as it becomes available. As 

discussed in the response to Comment 

6, NMFS received comment during and 

following development of the circle 

hook requirement from anglers that 

successful methods of rigging baits with 

circle hooks exist and are practiced. 

Additionally, several articles have been 

published in major sportfishing 

magazines that highlight some of these 

methods including methods to rig and 

fish with hard headed lures with nylon 

skirts used in combination with natural 

baits. 

Comment 11: NMFS received 

comment suggesting that fees be 

assessed on all HMS recreational 

permits and HMS registered 

tournaments to fund PSAT tagging for 

post- release mortality comparisons 

between circle hooks and J-hooks. 

Response: NMFS appreciates the 

suggestion as funding for continued 

post-release mortality studies in 

Atlantic billfish fisheries is needed. 

Suggestions for research funding will be 


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considered as future research needs are 

assessed. 

Comment 12: NMFS received 

comment that the existing circle hook 

requirement is not compatible with 

mixed species tournaments and will 

reduce the ability of anglers to catch 

wahoo, dolphin, tuna, and others. 

Response: NMFS understands that the 

circle hook requirement in Atlantic 

billfish tournaments will affect anglers 

in HMS permitted vessels targeting 

species other than Atlantic billfish. 

Many pelagic fish species are found in 

the same areas as Atlantic billfish and 

feed on similar prey. Atlantic billfish 

may be caught in many areas using the 

same fishing methods employed for 

other pelagic species such as wahoo, 

dolphin, tuna, king mackerel, and 

others; therefore, circle hooks are 

necessary in that portion of the 

tournament fishery. NMFS sought to 

minimize the impacts on secondary 

species by limiting the applicability of 

circle hook regulations as discussed in 

the response to Comment 6. 

Comment 13: NMFS received 

comment that the existing circle hook 

requirement is not enforceable and 

relies on tournament operators as the 

only enforcement agent. NMFS also 

received public comment that the circle 

hook requirement would be enforceable. 

Response: The requirements for the 

use of circle hooks by permitted HMS 

fishermen when natural bait and natural 

bait/artificial lures are deployed in 

billfish tournaments can be adequately 

enforced by NOAA Enforcement and the 

United States Coast Guard. As most 

tournament’s rules require anglers to 

comply with all applicable state and 

federal regulations, NMFS believes that 

an important incentive for anglers to 

comply with regulations is the potential 

to have a prize-winning fish disqualified 

for not deploying a circle hook when 

required. 

Comment 14: NMFS received 

comment that all fishing tournaments 

should be banned. 

Response: NMFS disagrees. Atlantic 

HMS tournaments represent an 

important component of a robust 

recreational fishery and provide 

substantial socio-economic benefits to 

many communities. Further, 

tournaments represent an essential 

mechanism for obtaining significant 

amounts of data on many species that 

are incorporated into fish population 

assessments and management decisions. 

Comment 15: NMFS received 

comment that tournaments are venues 

that could provide a large number of 

interactions with marlin and should be 

used to collect data to answer the postrelease hooking mortality questions for 

blue and white marlin. 

Response: NMFS appreciates the 

interest in collecting post-release 

hooking mortality information and 

agrees that tournaments can provide, for 

some fishery management issues, a 

venue for collecting fisheries 

information via appropriately designed 

data collection protocols. Such 

situations have been and continue to be 

valuable for collecting billfish 

information such as through the 

Recreational Billfish Survey and other 

life history studies. Such activity is not 

affected by this rulemaking. 

Comment 16: NMFS received 

comment that the recreational fishing 

mortality level for billfish does not 

compare to the much larger pelagic 

longline mortality level thus the circle 

hook requirement in Atlantic billfish 

tournaments is directed at the wrong 

mortality source. 

Response: The United States is 

responsible for approximately 4.5 

percent of reported white marlin catches 

in the Atlantic. As explained in 

Appendix C of the 2006 Consolidated 

HMS FMP, average annual fishing 

mortality levels imposed by the 

domestic pelagic longline fishery and 

the recreational tournament fishery on 

Atlantic white marlin are roughly 

comparable. Based on pelagic longline 

logbook data and data from the 

Recreational Billfish Survey, the level of 

billfish mortality imposed by U.S. 

recreational billfish tournament 

fishermen is estimated to be 

approximately 71% of levels imposed 

by the U.S. pelagic longline fishery. 

While the post-release mortality rate of 

Atlantic white marlin is estimated to be 

lower in recreational fisheries than in 

the pelagic longline fishery, the size of 

the recreational tournament fishery is 

large enough to generally offset the 

difference in mortality rates. 

Comment 17: NMFS received several 

comments that the preferred alternative, 

suspend Atlantic billfish tournament 

circle hook requirements through the 

close of 2007, is not favorable. These 

include: the proposed rule is not 

precautionary; compliance with the 

already established rule would be 100 

percent; the proposed rule is not 

supported by the record; there is a lack 

of parity with this proposed rule as an 

extended phase-in period is proposed 

for recreational anglers, but there was 

no grace period for commercial 

fishermen when circle hooks were 

required; the timing of proposed rule is 

bad as tournaments are in May and June 

and anglers should be practicing with 

circle hooks already. 

Response: NMFS appreciates the 

comment that temporary suspension of 

the circle hook rule is not precautionary 

and that compliance would be 100 

percent. NMFS disagrees that temporary 

suspension of the circle hook 

requirement is not supported by the 

record as the rule will be reimplemented January 1, 2008. NMFS 

agrees that maintaining the circle hook 

requirement would continue to provide 

post-release hooking mortality benefits; 

however, given the short duration of the 

circle hook suspension, NMFS projects 

that it will result in a one-time limited 

number of additional white marlin postrelease mortalities that would not affect 

the Atlantic wide stock in a measurable 

way. NMFS believes that the provision 

of an additional phase-in period during 

which anglers can become more 

proficient, comfortable, and accepting of 

circle hooks will, in the long-term, offset 

the short-term increase in mortalities by 

resulting in greater long-term 

compliance with circle hook 

regulations. NMFS disagrees that there 

is a lack of parity between 

implementation of the circle hook 

requirement in Atlantic billfish 

tournaments and the circle hook 

requirement for the pelagic longline 

(PLL) fishery because the bases for the 

two actions are different. The circle 

hook requirement in Atlantic billfish 

tournaments is a domestic measure 

intended to aid in rebuilding Atlantic 

billfish stocks by reducing post-release 

fishing mortality to the extent 

practicable at this time. The circle hook 

requirement in the Atlantic PLL fishery 

responds to issuance of the 2004 

Biological Opinion which determined 

that continued operation of the pelagic 

longline fishery without changes in 

fishing gears or techniques would 

jeopardize the existence of leatherback 

sea turtles. Per the Endangered Species 

Act, the Agency was required to 

implement changes in the way the 

pelagic longline operated. Rapid 

implementation of the circle hook 

requirement for PLL was necessary for 

the fishery to continue operating. This 

rulemaking is intended to reduce postrelease mortality of Atlantic billfish in 

the long-term by temporarily 

suspending the circle hook requirement 

in Atlantic billfish tournaments to allow 

tournaments and tournament anglers 

additional time to become more familiar 

with techniques for rigging and fishing 

with circle hooks. 

Comment 18: NMFS received 

comment that circle hook specifications 

should be defined and field tested. 

Commenters also stated that circle hook 

rigging workshops should be held or 


pwalker on PROD1PC71 with RULES
26740 Federal Register / Vol. 72, No. 91 / Friday, May 11, 2007 / Rules and Regulations 

videos should be developed. NMFS also 

received comment that 3 different circle 

hooks were used in recent research and 

all 3 worked well in reducing postrelease mortality even with differences 

in their general design. Additionally, 

comment was received that it is 

important to stay consistent with what 

the international community is using as 

a definition of circle hooks because of 

tackle manufacturing and to reduce 

confusion. 

Response: NMFS appreciates the 

numerous comments received about 

circle hook definition issues and is 

involved in discussions with hook 

manufacturers and gear experts to 

address many of these concerns. 

Further, NMFS is not aware of an 

internationally accepted definition of 

circle hooks. The Agency may consider 

this issue in future rulemaking, as 

appropriate. 

Changes from the Proposed Rule 

There are no changes from the 

proposed rule. 

Classification 

This final rule is published under the 

authority of the Magnuson-Stevens Act, 

16 U.S.C. 1801 et seq. NMFS has 

determined that this final rule is 

consistent with the national standards 

of the Magnuson-Stevens Act, other 

provisions of the Act, and other 

applicable laws. 

Pursuant to 5 U.S.C. 553(d)(1), the 

Assistant Administrator finds that this 

final action relieves a restriction and 

therefore may be made effective upon its 

filing with the Office of the Federal 

Register. Specifically, the final action 

relieves a restriction for persons fishing 

from HMS permitted vessels in Atlantic 

billfish tournaments to fish only with 

non-offset circle hooks when using 

natural or natural/ artificial combination 

baits. Without this action, NMFS would 

continue to require anglers to use nonoffset circle hooks when using natural 

or natural/artificial combination baits in 

Atlantic billfish tournaments and would 

not afford anglers an additional time to 

become more proficient with methods 

used to rig and fish with circle hooks 

and these baits. NMFS expects that this 

action will improve expertise and 

familiarity with methods for rigging and 

fishing with circle hooks in Atlantic 

billfish tournaments. As a result, NMFS 

expects improved long-term compliance 

with the regulation to use circle hooks 

in billfish tournaments when it goes 

back into effect on January 1, 2008. This 

final rule has been determined to be not 

significant for purposes of Executive 

Order 12866. 

In compliance with 5 U.S.C. 604, a 

Final Regulatory Flexibility Analysis 

(FRFA) was prepared for this rule. The 

FRFA analyzes the anticipated impacts 

of the preferred alternative and any 

significant alternatives to the final rule 

that could minimize significant 

economic impacts on small entities. 

Each of the statutory requirements of 

section 604 has been addressed, and a 

summary of the FRFA is provided 

below. 

Section 604(a)(1) requires the Agency 

to state the objective and need for the 

rule. As stated in the preamble of the 

proposed rule, the objective of this final 

rule is to increase post-release survival 

of Atlantic billfishes by improving longterm compliance with billfish 

tournament non-offset circle hook 

regulations. Maximizing post-release 

survival of Atlantic billfishes is an 

important facet of rebuilding overfished 

Atlantic billfish stocks. 

Section 604(a)(2) requires the Agency 

to summarize significant issues raised 

by the public in response to the Initial 

Regulatory Flexibility Analysis (IRFA), a 

summary of the assessment of the 

agency of such issues, and a statement 

of any changes made in the rule as a 

result of such comments. NMFS 

received numerous comments on the 

proposed rule and draft EA during the 

public comment period. A summary of 

these comments and the Agency’s 

responses is included in this final rule. 

NMFS did not receive any comments 

specific to the IRFA, but did receive one 

comment related to economic issues and 

concerns. Specifically, one fishing gear 

manufacturer stated that the combined 

impacts of a circle hook requirement 

imposed by a Central American country 

and the U.S. Atlantic billfish 

tournament circle hook requirement 

implemented domestically in January 

2007 (cited previously) cost his 

company and others several hundred 

thousand dollars in lost revenues which 

was large enough to cause his company 

to go out of business. As such, this 

commenter supported a repeal of the 

circle hook regulations. 

NMFS appreciates that economic 

impacts may have occurred as a result 

of previous rulemaking to implement 

the circle hook requirement on January 

1, 2007; however, as noted by the 

commenter, these impacts resulted from 

a combination of foreign regulations and 

a previous domestic rulemaking. This 

comment is responded to fully with 

other comments (see Comment 9). The 

preferred alternative in this final rule 

could have minor short-term positive 

impacts on the sales of fishing lures 

used in conjunction with natural baits 

by temporarily allowing anglers to 

utilize J-hooks. While the final rule has 

the effect of temporarily allowing 

anglers to utilize J-hooks, the circle 

hook suspension was not made as a 

result of this comment. 

Section 604(a)(3) of the Regulatory 

Flexibility Act requires the Agency to 

describe and provide an estimate of the 

number of small entities to which the 

rule will apply. NMFS considers all 

HMS permit holders to be small entities 

because they either had gross receipts 

less than $4.0 million for fishharvesting, gross receipts less than $6.5 

million for charter/party boats, or 100 or 

fewer employees for wholesale dealers. 

These are the Small Business 

Association size standards for defining 

a small versus large business entity in 

these industries. As of January 29, 2007, 

the potential universe of affected anglers 

included: 24,664 HMS Angling category 

permit holders; 4,140 HMS Charter/ 

Headboat category permit holders, and 

4,345 General category permit holders. 

All of the aforementioned permit 

holders are eligible to participate in 

registered Atlantic HMS tournaments. 

Section 604(a)(4) of the Regulatory 

Flexibility Act requires the Agency to 

describe the projected reporting, record 

keeping, and other compliance 

requirements of the final rule, including 

an estimate of the classes of small 

entities which would be subject to the 

requirements of the report or record. 

None of the alternatives considered for 

this final rule would result in additional 

reporting, recordkeeping, and 

compliance requirements. 

Section 604(a)(5) of the Regulatory 

Flexibility Act requires the Agency to 

describe the steps taken to minimize the 

significant economic impact on small 

entities consistent with the stated 

objectives of applicable statutes. NMFS 

believes that this final rule minimizes 

impacts on small entities by temporarily 

suspending circle hook requirements for 

HMS tournaments, to allow participants 

additional time to become proficient in 

the use of circle hooks and familiar with 

their ecological benefits. The alternative 

to permanently suspend the circle hook 

requirement would not achieve MSA 

rebuilding objectives for these fisheries. 

As described below, NMFS 

considered three alternatives in this 

final rulemaking and provides 

justification for selection of the 

preferred alternative to achieve the 

desired objective. 

The alternatives considered included: 

maintain existing non-offset circle hook 

requirements for anglers fishing from 

HMS permitted vessels and 

participating in Atlantic billfish 

tournaments (alternative 1, No Action); 

suspend non-offset circle hook 


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Federal Register / Vol. 72, No. 91 / Friday, May 11, 2007 / Rules and Regulations 26741 

requirements for anglers fishing from 

HMS permitted vessels and 

participating in Atlantic billfish 

tournaments through December 31, 2007 

(alternative 2, preferred alternative); 

and, remove Atlantic billfish 

tournament circle hook requirements 

and promote voluntary use of circle 

hooks by tournament anglers 

(alternative 3). 

Alternative 1 is considered the no 

action alternative since it would 

maintain unchanged the Atlantic 

billfish circle hook regulations that were 

implemented on January 1, 2007. This 

alternative is not preferred because, in 

part, it is less likely to improve longterm compliance with circle hook 

regulations, and thus be less likely to 

maximize post-release survival of 

Atlantic billfish than the preferred 

alternative because it does not provide 

adequate time for anglers to familiarize 

themselves with circle hooks and 

increase angler’s acceptance of them. 

Alternative 1, the No Action alternative, 

would have no new economic impacts 

beyond those that were included in 

previous rulemaking. Alternative 2 

could result in a minor short-term 

increase in billfish tournament 

participation given the perceptions held 

by many anglers that J-hooks may 

increase the odds of landing a billfish. 

No additional costs for billfish 

tournament participants are likely 

because NMFS anticipates that anglers 

already possess J-hook related tackle, as 

this was the standard gear used in the 

fishery prior to January 1, 2007, and is 

still authorized for use outside of 

billfish tournaments. 

Alternative 3 was considered, but not 

fully analyzed in the Environmental 

Assessment because voluntary 

promotion of circle hook use in the 

years prior to implementation of the 

circle hook regulation on January 1, 

2007, did not achieve a high percentage 

of recreational angler use of circle hooks 

in the Atlantic billfish fishery. As such, 

NMFS does not anticipate that 

continued promotion of voluntary circle 

hook use alone by tournament anglers 

would result in achieving the maximum 

conservation benefit possible of reduced 

post-release mortality of Atlantic billfish 

relative to the no action alternative. 

Alternative 3 could result in minor 

short-term increases in angler consumer 

surplus and/or willingness to pay, as 

anglers may perceive that their shortterm catch rates of Atlantic billfish may 

increase with the use of J-hooks. 

However, alternative 3 would not be 

expected to increase either consumer 

surplus or willingness to pay in the 

long-term as it would result in an 

increase in post-release hooking 

mortality and thus be less likely to 

contribute to rebuilding of Atlantic 

billfish populations. For the reasons 

discussed above, this alternative was 

not selected as the preferred alternative. 

Alternative 2 may result in minor 

increases in printing and distribution 

costs to tournament operators if 

tournament rules need to be reprinted 

and redistributed. Tournaments could 

avoid additional printing costs if they 

voluntarily chose to maintain an all 

circle hook tournament format, which 

some tournaments have notified NMFS 

that they will do. There may be a longterm increase in angler consumer 

surplus resulting from rebuilding efforts 

through either alternatives 1 or 2, and 

therefore resulting in a potential 

increase in demand for billfish 

tournament participation. However, 

these benefits may be realized sooner 

under alternative 2, should it lead to 

increased acceptance and use of circle 

hooks. As such, and based on the 

analysis included in the EA for this 

rulemaking, alternative 2 was selected 

the preferred alternative. 

List of Subjects in 50 CFR Part 635 

Fish, Fisheries, Fishing, Fishing 

vessels, Management. 

Dated: May 8, 2007. 

William T. Hogarth 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

■ For reasons set out in the preamble, 50 

CFR part 635 is 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 § 635.21, paragraph (e)(2)(iii) is 

suspended from May 11, 2007 to 

December 31, 2007, and is revised 

effective January 1, 2008, to read as 

follows: 

§ 635.21 Gear operation and deployment 

restrictions. 

* * * * * 

(e) * * * 

(2) * * * 

(iii) After December 31, 2007, persons 

who have been issued or are required to 

be issued a permit under this part and 

who are participating in a 

‘‘tournament’’, as defined in § 635.2, 

that bestows points, prizes, or awards 

for Atlantic billfish must deploy only 

non-offset circle hooks when using 

natural bait or natural bait/artificial lure 

combinations, and may not deploy a Jhook or an offset circle hook in 

combination with natural bait or a 

natural bait/artificial lure combination. 

* * * * * 

[FR Doc. E7–9097 Filed 5–10–07; 8:45 am] 

BILLING CODE 3510–22–S 


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