66386 Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Proposed Rules

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 635

[Docket No. 000629197–1282–02; I.D.

032900A]

RIN 0648–AN06

Atlantic Highly Migratory Species;

Monitoring of Recreational Landings

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments; public hearings.

SUMMARY: NMFS proposes this rule to

amend regulations governing Atlantic

billfish and North Atlantic swordfish

recreational fisheries to implement

recommendations adopted at the 2000

meeting of the International

Commission for the Conservation of

Atlantic Tunas (ICCAT) and to enhance

management programs for these species.

NMFS proposes to implement a

mandatory recreational landings

reporting system for Atlantic blue

marlin, Atlantic white marlin, west

Atlantic sailfish, and North Atlantic

swordfish. In addition, NMFS proposes

to establish a recreational retention limit

for North Atlantic swordfish; to add

handlines as an authorized gear for

North Atlantic swordfish; to clarify

language concerning applicability of

recreational retention limits for sharks,

yellowfin tuna, and North Atlantic

swordfish; to clarify language regarding

the Billfish Certificate of Eligibility and

to develop an outreach program to

promote the use of circle hooks within

the recreational swordfish fishery. The

intent of these actions is to improve

monitoring and conservation of

overfished Atlantic billfish and

swordfish stocks. NMFS will hold three

hearings regarding these proposed

amendments.

DATES: Written comments on the

proposed rule must be received by 5

p.m. on February 25, 2002. NMFS will

hold public hearings on the following

dates:

3. January 14, 2002—Mobile, AL

1. January 23, 2002—Fort Lauderdale,

FL

2. January 22, 2002—Manteo, NC

ADDRESSES: The meeting locations are:

1. Broward County Main Library, 100

S. Andrews Ave., Bienes Center, 6th

Floor, Fort Lauderdale, FL 33301.

2. North Carolina Aquarium, Airport

Road, Manteo, NC 27954.

3. Mobile Public Library, Cottage Hill

Branch, 5025 Cottage Hill Road, Mobile,

AL 36609.

Comments on the proposed rule may

also be submitted by mail to the Highly

Migratory Species (HMS) Division, 1315

East-West Highway, Silver Spring, MD

20910. Comments may also be sent via

facsimile (fax) to 301–713–1917.

Comments will not be accepted if

submitted via e-mail or on the Internet.

Comments regarding the collection-ofinformation requirement contained in

this proposed rule should be sent to the

HMS Division, 1315 East-West

Highway, Silver Spring, MD 20910, and

to the Office of Information and

Regulatory Affairs, Office of

Management and Budget (OMB),

Washington, DC 20503 (Attention:

NOAA Desk Officer).

Copies of the Draft Environmental

Assessment/Regulatory Impact Review

(EA/RIR) for this proposed rule may be

obtained from the Highly Migratory

Species Division, Southeast Regional

Office, 727–570–5447. The EA/RIR may

also be viewed on the Highly Migratory

Species Division website at

www.nmfs.noaa.gov/sfa/hmspg.html.

FOR FURTHER INFORMATION CONTACT:

Michael Barnette at 727–570–5447 or

Jill Stevenson at 301–713–2347; fax:

727–570–5656; email:

michael.barnette@noaa.gov or

jill.stevenson@noaa.gov.

SUPPLEMENTARY INFORMATION: Atlantic

HMS are managed under the Fishery

Management Plan for Atlantic Billfish

(Atlantic Billfish FMP) and the Fishery

Management Plan for Atlantic Tunas,

Swordfish, and Sharks (HMS FMP). The

FMPs are implemented under the

authority of the Magnuson-Stevens

Fishery Conservation and Management

Act (Magnuson-Stevens Act) at 50 CFR

part 635. In addition, billfish, swordfish

and tunas are managed throughout the

Atlantic Ocean by ICCAT, to which the

United States is a contracting party. The

Secretary of Commerce has the

responsibility, under the Atlantic Tunas

Convention Act (ATCA), to implement

ICCAT recommendations.

Atlantic Blue and White Marlin

At the November, 2000 meeting,

ICCAT developed a two-phased

rebuilding plan for Atlantic blue and

white marlin. The rebuilding strategy

was based on the results of the most

recent stock assessments completed by

ICCAT’s Standing Committee for

Research and Statistics (SCRS). The July

2000 assessment indicated that Atlantic

marlin stocks are not rebuilding and

continue to be overfished. Specifically,

Atlantic blue marlin stocks are about 40

percent of the level needed to support

maximum sustainable yield (MSY) and

white marlin stocks are about 15 percent

of the level needed to support MSY.

Phase One of the ICCAT Atlantic

marlin rebuilding plan requires that

countries capturing marlin in

commercial fisheries reduce Atlantic

blue marlin landings by 50 percent and

white marlin landings by 67 percent

from 1999 levels. Furthermore, the

United States agreed to limit annual

landings by U.S. recreational fishermen

to 250 Atlantic blue and white marlin,

combined, for 2001 and 2002, and to

maintain regulations that have

prohibited retention of marlins by U.S.

pelagic longline fishermen since the

implementation of the 1988 Atlantic

Billfish FMP.

In Phase Two of the rebuilding plan,

the SCRS will conduct stock

assessments of Atlantic blue and white

marlin in 2002 and present its

evaluation of specific stock recovery

scenarios that take into account the new

stock assessments and any re-evaluation

of the historical catch and effort time

series. Based on the advice of the SCRS

at its 2002 meeting, ICCAT will, as

necessary, develop and adopt programs

to rebuild Atlantic blue and white

marlins to levels that would support

MSY. Such rebuilding programs will

include a timetable for recovery to a

scientifically derived goal, with

associated milestones and biological

reference points.

North Atlantic Swordfish

A 1996 assessment of North Atlantic

swordfish stock by the SCRS indicated

that swordfish were overfished and that

the biomass was estimated to be 58

percent of the biomass needed to

produce MSY. A 1999 stock assessment

indicated that the decline in swordfish

biomass has been slowed or arrested

and that biomass was 65 percent of the

biomass needed to produce MSY.

However, the SCRS cautioned that the

North Atlantic swordfish recovery plan

is very sensitive to any increases in

fishing mortality due to overharvest of

landing quotas, increased dead discards,

or to increases in the proportion of

juvenile fish taken in the fisheries.

The U.S. recreational swordfish

fishery has been re-emerging after a

period of relatively low activity, though

recent catches are still below historical

levels achieved when the stock was

more abundant. In recent years,

recreational fishing effort for swordfish

has evolved from incidental catches

related to yellowfin tuna trips in the

Mid-Atlantic Bight to a rapidly growing

directed fishery off Florida, New York,

and New Jersey. There is concern that

Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Proposed Rules 66387

this expansion is not being effectively

monitored and that, therefore, mortality

of both legal and undersized swordfish

cannot be accurately estimated for the

recreational fishery.

Effective April 1, 2001, NMFS

implemented a closed area off the east

coast of Florida that was specifically

aimed at reducing dead discards of

swordfish in the pelagic longline fishery

(65 FR 47214, August 1, 2001). This area

remains open to handgear fishermen,

and, while many swordfish are released

alive, it is anticipated that further

increases in recreational effort could

result in increased mortality of

undersized swordfish and affect the

stock rebuilding plan. Furthermore,

there have been reports of swordfish

being foul-hooked by recreational

fishing gear due to the nature of

swordfish feeding behavior. Injuries

sustained by the fish could impair

recovery and result in delayed mortality

even if the fish appears to be released

in good condition.

Recreational Catch of Sailfish

In 1992, ICCAT scientists completed a

stock assessment for west Atlantic

sailfish/spearfish and deemed the

populations to be fully fished. Since

that time, there has not been a complete

stock assessment due to a lack of

specific data (internationally, sailfish

are often reported combined with

spearfish species in logbooks). In 2001,

ICCAT scientists evaluated sailfish

catches independently of spearfish

catches, however, considerable

uncertainties remain related to catches

and catch rates. The stock is considered

to be fully fished. Abundance indices

have remained relatively stable over the

last 20 years. However, population

models have not been successfully used

to predict the dynamics of this stock.

Recreational landings in the United

States are not well monitored by

existing surveys because of their rareevent nature. NMFS anticipates that a

recreational call-in monitoring system

would improve the quality of data that

the United States submits to ICCAT

annually and which would be used in

future stock assessments.

Current Catch Management Programs

The primary issue for the United

States resulting from the 2000 ICCAT

recommendation for Atlantic blue and

white marlin is determining the

appropriate management strategy to

ensure compliance with the annual

limit of 250 marlin landings for 2001

and 2002. Monitoring recreational

landings of Atlantic billfish is

challenging because of the broad

geographic range over which Atlantic

blue and white marlin can potentially

be caught and landed by U.S.

recreational anglers. While U.S.

recreational anglers predominantly

practice a catch-and-release fishery, a

limited number of billfish are landed,

particularly in association with fishing

tournaments. The recreational billfish

fishery within the U.S. Exclusive

Economic Zone (EEZ), including U.S.

territories, is monitored primarily

through the NMFS Recreational Billfish

Survey (RBS). The RBS mainly focuses

on fishing tournament data but does

include a limited number of Atlantic

billfish landings outside tournaments.

While landings reporting for HMS

tournaments is becoming more

comprehensive due to the tournament

registration requirement adopted in

Amendment 1 to the Atlantic Billfish

FMP (Billfish Amendment), the level of

recreational fishing effort directed at

billfish that occurs outside the

tournament context is highly uncertain.

Billfish landings outside tournaments

are occasionally noted by dockside

interviewers conducting the Marine

Recreational Fisheries Statistical Survey

(MRFSS) or the Large Pelagics Survey

(LPS), but such low frequency sampling

cannot yield precise estimates of total

landings. Additionally, landings from

U.S. vessels in foreign ports are not at

present effectively monitored though all

landings from vessels of the United

States must be assessed against the

landing limit. Some improvements in

monitoring of recreational billfish

landings are anticipated as the HMS

Charter/Headboat permit, vessel

logbook, and at-sea observer programs

that were developed as part of the HMS

FMP and Billfish Amendment become

fully implemented. However, it is

unlikely that these programs, taken

together, will be sufficient to monitor all

recreational Atlantic billfish landings.

NMFS published an Advanced Notice

of Proposed Rulemaking (ANPR) to

solicit comments on options which

would support ICCAT’s objectives.

Options ranged from restricting

minimum size limits to reduce landings

to implementing upgraded monitoring

programs (65 FR 48671, August 9, 2000).

Comments received were generally

supportive of the need to increase

monitoring of recreational landings.

Several commenters supported a

mandatory landings tag program, either

with an unlimited number of tags

available or a more complex controlled

distribution system. Such a program

would be costly for the agency and may

be more burdensome for fishermen.

A few comments supported a port

sampling program that could be

implemented through cooperative

agreements with coastal states. Other

commenters recommended requiring a

recreational billfish permit and periodic

reporting requirements through

logbooks. While NMFS is not proposing

a permit requirement in this rule, a

permit requirement may be

implemented in the future to provide a

more complete sample frame for

surveying recreational HMS fishermen.

Other commenters were concerned

about double counting of billfish and

therefore opposed self-reporting, post

cards, fishing club reports, or a landing

tag program. NMFS has similar concerns

with respect to monitoring the

expanding recreational swordfish

fishery. While the LPS dockside

intercept survey focuses on fishing sites

with high activity for HMS, interviewers

could encounter anglers landing

swordfish only off the Mid-Atlantic

region due to lack of LPS coverage in

the South Atlantic, Gulf of Mexico, and

Caribbean at this time. Therefore,

comprehensive information on landings

from the expanding recreational

swordfish fishery off Florida is not

available through the LPS. Although the

MRFSS has a broader area of coverage,

day-time interviewers are not likely to

sample swordfish due to the nocturnal

nature of the fishery.

Given the limitations of existing

recreational fishing monitoring

programs with respect to Atlantic

billfish and swordfish, NMFS believes

that additional measures are needed to

ensure compliance with applicable

ICCAT recommendations and to provide

data for improving stock assessments.

The NMFS is issuing this proposed rule,

and seeks additional public comments

to address these concerns.

Enhanced Monitoring Program

To ensure compliance with ICCAT

recommendations and to further

domestic fishery management goals,

NMFS proposes to monitor Atlantic

sailfish, blue and white marlin, and

North Atlantic swordfish recreational

landings through a self-reporting

method based on a toll-free telephone

call-in system. Such a call-in system

would collect catch information for all

landings made from U.S. fishing vessels,

including landings made in foreign

ports. To avoid duplication, landings

reported through a registered HMS

tournament would be exempt from the

telephone call-in requirement. The tollfree call would take less than 5 minutes

for each response, and the reporting

requirement would likely amount to less

than 500 calls per year. NMFS

anticipates a high level of compliance

based on the conservation ethic and

interest in resource conservation by

66388 Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Proposed Rules

recreational Atlantic billfish and

swordfish anglers. To foster support, the

call-in requirement for non-tournament

landings would be advertised through

public outreach with constituent

groups, sport fishing magazines, fishing

tournaments, Fishery Management

Councils, and Billfish and HMS

Advisory Panel members.

In addition to improving estimates of

landings made outside tournaments,

mandatory reporting of billfish and

swordfish landings via the call-in

system would provide additional data

on the recreational fishery and improve

future stock assessments. Information

on fishing locations and ports of landing

would enable NMFS to tailor existing

dockside and telephone surveys to

better assess effort and catch rates in the

recreational billfish and swordfish

fisheries.

Recreational Retention Measures

In light of the recent expansion in the

recreational swordfish fishery, NMFS

also proposes to revise regulations at

§ 635.22 to implement a recreational

retention limit for North Atlantic

swordfish of one swordfish, per vessel,

per trip. This recreational possession

limit would apply to all vessels and is

intended to establish long-term stability

within the recreational fishery, and to

reduce the incentive for unauthorized

sale of swordfish landed in the

recreational fishery. Those vessel

operators who wish to pursue a

commercial handgear fishery could seek

to purchase a swordfish handgear

limited access permit. Only fishermen

with such limited access permits are

exempt from the recreational retention

limit and are authorized to sell

swordfish.

Additionally, NMFS proposes to

revise regulations at § 635.21 to clarify

that only certain gear is authorized for

recreational fishing for Atlantic

swordfish. Prior to the publication of

the HMS FMP and consolidation of

Atlantic HMS regulations under new

part 635 of the Code of Federal

Regulations (CFR) (64 FR 29090, May

28,1999), regulations governing the

Atlantic swordfish fisheries existed

under 50 CFR part 630. Regulatory text

at § 630.2 specified that recreational

harvest of swordfish was limited to fish

taken by rod and reel gear. While that

specific restriction was included in the

initial proposed consolidated HMS

regulations (61 FR 57361, November 6,

1996), it was not explicitly re-stated

when the consolidated regulations were

re-proposed to implement the new

requirements of the HMS FMP (64 FR

3486, January 20, 1999).

The regulatory consolidation was not

intended to make substantive changes to

existing regulations, other than those

specifically noted as necessary to

achieve consistency or to implement

new requirements of the HMS FMP. The

ambiguous reference to the restriction

on recreational swordfish fishing gear as

it currently appears in the consolidated

regulatory text under 50 CFR part 635

was a drafting error and requires the

correction contained in this proposed

rule. However, recognizing that there

has been some historical use of this

handline gear consistent with

recreational fishing activity, NMFS also

proposes to revise regulations at

§ 635.21 (d)(4) to include handlines as

authorized gear in the recreational

swordfish fishery.

Applicability of Recreational Retention

Limits

NMFS finalized a regulatory

requirement for Charter/Headboat vessel

owners to obtain a permit to fish for

Atlantic HMS in conjunction with

publication of the final Fishery

Management Plan for Atlantic Tunas,

Swordfish, and Sharks (HMS FMP) (64

FR 29090, May 29, 1999). At the time of

publication of the final rule, OMB had

not yet approved the information

collection. After receiving OMB

approval, NMFS published a

notification to make the permit

requirement effective (66 FR 30651,

June 7, 2001).

In a technical amendment to the

consolidated regulations (64 FR 37700,

July 13, 1999), NMFS clarified that the

recreational daily retention limit of

three yellowfin tuna per person applies

at all times to persons fishing aboard

vessels permitted with an Atlantic tunas

Charter/Headboat permit. That permit is

now issued as the HMS Charter/

Headboat permit. Therefore, NMFS

must revise the regulations pertaining to

retention limits to reflect issuance of the

HMS Charter/Headboat permit. In this

rule, NMFS proposes to revise

regulations at § 635.22 to apply

recreational Atlantic yellowfin tuna and

shark retention limits to HMS Charter/

Headboat permit holders.

Mortality Reduction Program

To further reduce the potential for

dead discards and delayed mortality of

swordfish, NMFS proposes to develop

an outreach program to promote the use

of circle hooks within the recreational

swordfish fishery. NMFS has received

information indicating that use of

conventional ‘‘J’’-style hooks in the

recreational fishery is resulting in foulhooked fish (either in the fins or in the

body) due to the aggressive nature of

swordfish feeding behavior. Foulhooked fish can receive sufficient injury

to impair health which could lead to

delayed mortality after release. The use

of circle hooks typically results in fish

being hooked in the mouth, which

allows for a fish to be boated and

released in better condition. Circle

hooks are already being used to some

extent within the recreational fishery

due to their recognized ecological

benefits, so it is expected that with

sufficient public outreach, circle hook

usage would increase.

Billfish Trade Requirements

Prior to the publication of the HMS

FMP and consolidation of Atlantic HMS

regulations under new part 635 of the

Code of Federal Regulations (CFR) (64

FR 29090, May 28,1999), regulations

governing the Atlantic billfish fisheries

existed under 50 CFR part 644.

Regulatory text at § 644.24 prohibited

persons from selling or purchasing

billfish taken from the Atlantic Ocean

management unit. Billfish taken from

outside the Atlantic Ocean management

unit could be sold only if accompanied

by documentation of its source. These

regulations were necessary to

implement the Billfish FMP objective of

reserving harvest of Atlantic billfish for

the recreational fishery.

While the specific regulations on the

Billfish Certificate of Eligibility were

included in the initial proposed

consolidated HMS regulations (61 FR

57361, November 6, 1996), they were

restated differently when the

consolidated regulations were reproposed to implement the new

requirements of the HMS FMP (64 FR

3486, January 20, 1999). The regulatory

consolidation was not intended to make

substantive changes to existing

regulations, other than those specifically

noted as necessary to achieve

consistency or to implement new

requirements of the HMS FMP. The

revisions to the Billfish COE regulations

in the final consolidated regulatory text

under 50 CFR part 635 were a drafting

error that requires a correction to

facilitate enforcement of the COE

requirements as originally intended.

Therefore, NMFS proposes to amend

§ 635.31 to clarify these provisions.

Classification

This proposed rule is published under

the authority of the Magnuson-Stevens

Act and the ATCA. The Assistant

Administrator for Fisheries, NOAA

(AA), has preliminarily determined that

the regulations contained in this rule are

necessary to implement the

recommendations of ICCAT and to

Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Proposed Rules 66389

manage the domestic Atlantic highly

migratory species fisheries.

NMFS prepared a draft Environmental

Assessment (EA) for this proposed rule,

and the AA has preliminarily concluded

that there would be no significant

impact on the human environment if

this proposed rule was implemented.

The EA presents analyses of the

anticipated impacts of these proposed

regulations and the alternatives

considered. A copy of the draft EA is

available from NMFS (see ADDRESSES).

This proposed rule has been

determined to be not significant for

purposes of Executive Order 12866.

Notwithstanding any other provision

of the law, no person is required to

respond to, nor shall any person be

subject to a penalty for failure to comply

with, a collection of information subject

to the requirements of the Paperwork

Reduction Act(PRA), unless that

collection of information displays a

currently valid OMB Control Number.

This proposed rule contains a

collection-of-information requirement

subject to review and approval by OMB

under the PRA. The requirement for

mandatory reporting, via a toll-free callin system, of all non-tournament

recreational landings of Atlantic

sailfish, blue marlin, white marlin, and

North Atlantic swordfish has been

submitted to OMB for approval. Public

reporting burden for this collection of

information is estimated to average 5

minutes per initial reporting call and 5

minutes per confirmation callback. This

proposed rule also repeats collection-ofinformation requirements that have

been approved by OMB under control

number 0648-0216. The estimated

response times are 20 minutes to

prepare a billfish Certificate of

Eligibility and 2 minutes for

recordkeeping by subsequent purchasers

of the billfish.

These estimates include the time for

reviewing instructions, searching

existing data sources, gathering and

maintaining the data needed, and

completing and reviewing the collection

of information. Public comment is

sought regarding: whether this proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information shall have

practical utility; the accuracy of the

burden estimate; ways to enhance the

quality, utility, and clarity of the

information to be collected; and ways to

minimize the burden of the collection of

information, including through the use

of automated collection techniques or

other forms of information technology.

Send comments on these or any other

aspects of the collection of information

to NMFS and OMB (see ADDRESSES).

The Chief Counsel for Regulation of

the Department of Commerce certified

to the Chief Counsel of Advocacy of the

Small Business Administration that this

proposed rule, if adopted, would not

have a significant economic impact on

a substantial number of small entities as

follows:

The proposed rule would establish a

recreational landings monitoring program for

Atlantic billfish and swordfish that would be

based on a toll-free call-in system. The

system would collect catch associated

information for landings of Atlantic sailfish,

blue and white marlin, and North Atlantic

swordfish, taken by persons aboard U.S.

fishing vessels. Additionally, the proposed

rule would implement a recreational

retention limit for North Atlantic swordfish

of 1 swordfish, per vessel, per trip, as well

as develop an outreach program to promote

the use of circle hooks within the

recreational swordfish fishery.

The landings monitoring call-in system

would have minimal economic impact to the

recreational fishing community as there

would be no cost for the call and it would

likely take less than 5 minutes to report.

Likewise, a recreational fishing catch limit of

one swordfish per vessel per trip should not

have any significant economic impact on

recreational anglers or associated support

industries because of the relatively large size

of most recreationally-landed swordfish

(often 50 to in excess of 200 pounds). Finally,

it is expected that the use of circle hooks

would be well-received within the

recreational community and that voluntary

use would occur. Circle hooks are already

being used to some extent within the

recreational fishery due to their recognized

ecological benefits in avoiding injury to fish.

Accordingly, an initial regulatory

flexibility analysis was not prepared for

this proposed rule.

List of Subjects in 50 CFR Part 635

Fisheries, Fishing, Fishing vessels,

Foreign relations, Intergovernmental

relations, Penalties, Reporting and

recordkeeping requirements, Statistics,

Treaties.

Dated: December 19, 2001.

Rebecca Lent,

Acting Assistant Administrator, National

Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 635 is proposed

to be 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 § 635.5, paragraph (c) is revised

to read as follows:

§ 635.5 Recordkeeping and reporting.

(c) Anglers—(1) Bluefin tuna. The

owner of a vessel permitted, or required

to be permitted, in the Atlantic Tunas

Angling or Atlantic HMS Charter/

Headboat category must report all BFT

landed under the Angling category

quota designated at § 635.27 (a) through

the NMFS automated catch reporting

system within 24 hours of the landing.

Such reports may be made by calling 1–

888–872–8862 or by submitting the

required information over the Internet

at: www.nmfspermits.com.

(2) Billfish and swordfish. Anglers

must report all landings of Atlantic blue

marlin, Atlantic white marlin, Atlantic

sailfish and North Atlantic swordfish.

Except for fish reported through a

fishing tournament registered with

NMFS, anglers must report all landings

to NMFS by calling 1–800–894–5528

within 24 hours of the landing. A

reported landing during a tournament

must include the species, size, date, and

place of landing. For telephone reports,

an additional contact phone number

must be provided so that NMFS can

provide the angler with a confirmation

of the reported landing. The landing

report has not been completed unless

the angler has received a confirmation

number from a NMFS’ designee for

telephone reports or from the

tournament operator for a landing made

during a registered tournament.

(3) Alternative recreational catch

reporting. Alternative recreational catch

reporting procedures may be established

by NMFS in cooperation with states and

may include such methodologies as

telephone, dockside or mail surveys,

mail in or phone-in reports, tagging

programs, or mandatory check-in

stations. A census or a statistical sample

of persons fishing under the recreational

fishing regulations of this part may be

used for these alternative reporting

programs (after the programs have

received Paperwork Reduction Act

approval from OMB). Persons or vessel

owners selected for reporting will be

notified by NMFS or by the cooperating

state agency of the requirements and

procedures for reporting recreational

catch. Each person so notified must

comply with those requirements and

procedures. Additionally, NMFS may

determine that recreational landing

reporting systems implemented by the

states, if mandatory, at least as

restrictive, and effectively enforced, are

sufficient for recreational landing

monitoring as required under this part.

In such case, NMFS will file with the

Office of the Federal Register for

publication notification indicating that

compliance with the state system

66390 Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Proposed Rules

satisfies the reporting requirements of

paragraph (c) of this section.

3. In § 635.20, paragraph (a) is revised

to read as follows:

§ 635.20 Size limits.

(a) General. The CFL will be the sole

criterion for determining the size and/or

size class of whole (head on) Atlantic

tunas. The LJFL will be the sole

criterion for determining the size of an

Atlantic swordfish possessed on board,

or landed from, a vessel that has not

been issued a limited access swordfish

permit under § 635.4.

4. In § 635.21, paragraph (d)(4)(iv) is

added to read as follows:

§ 635.21 Gear operation and deployment

restrictions.

(d) * * *

(4) * * *

(iv) Except for persons aboard a vessel

that has been issued a limited access

swordfish permit under § 635.4, no

person may fish for swordfish with, or

possess a swordfish taken by, any gear

other than handline or rod and reel.

5. In § 635.22, paragraphs (a), (c), and

(d) are revised, and paragraphs (e) and

(f) are added to read as follows:

§ 635.22 Recreational retention limits.

(a) General. Recreational retention

limits apply to a longbill spearfish taken

or possessed shoreward of the outer

boundary of the Atlantic EEZ, to a shark

taken from or possessed in the Atlantic

EEZ, to a North Atlantic swordfish taken

from or possessed in the Atlantic Ocean,

and to bluefin and yellowfin tuna taken

from or possessed in the Atlantic Ocean.

The operator of a vessel for which a

retention limit applies is responsible for

the vessel retention limit and for the

cumulative retention limit based on the

number of persons aboard. Federal

recreational retention limits may not be

combined with any recreational

retention limit applicable in state

waters.

(c) Sharks. One shark from the large

coastal, small coastal, or pelagic group

may be retained per vessel per trip,

subject to the size limits described in §

635.20(e), and, in addition, one Atlantic

sharpnose shark may be retained per

person per trip. Regardless of the length

of a trip, no more than one Atlantic

sharpnose shark per person may be

possessed on board a vessel. No

prohibited sharks listed in table 1(d) of

appendix A to this part may be retained.

The recreational retention limit for

sharks applies to a person who fishes in

any manner, except to a person aboard

a vessel who has been issued a limited

access vessel permit under § 635.4 for

Atlantic sharks.

(d) Yellowfin tuna. Three yellowfin

tunas per person per day may be

retained. Regardless of the length of a

trip, no more than three yellowfin tuna

per person may be possessed on board

a vessel. The recreational retention limit

for yellowfin tuna applies to a person

who fishes in any manner, except to a

person aboard a vessel issued a vessel

permit under § 635.4 for Atlantic tunas

in a category other than Angling. The

yellowfin tuna retention limit applies to

all persons aboard a vessel issued an

Atlantic Highly Migratory Species

Charter/Headboat permit under § 635.4,

including captain and crew.

(e) Bluefin tuna. Refer to § 635.23 for

Atlantic bluefin tuna recreational

retention limits.

(f) North Atlantic swordfish. One

North Atlantic swordfish per vessel per

day may be retained. Regardless of the

length of a trip, no more than one North

Atlantic swordfish may be possessed on

board a vessel. The recreational

retention limit for swordfish applies to

a person who fishes in any manner,

except to a person aboard a vessel that

has been issued a limited access

swordfish permit under § 635.4.

6. In § 635.30, paragraph (d) is revised

to read as follows:

§ 635.30 Possession at sea and landing.

(d) Swordfish. Except for persons

aboard a vessel that has been issued a

limited access swordfish permit under

§ 635.4, any person who possesses an

Atlantic swordfish on board a vessel or

who lands an Atlantic swordfish in an

Atlantic coastal port must maintain

such swordfish with its head, fins, and

bill intact through offloading; persons

may eviscerate such swordfish, but it

must otherwise be maintained whole.

Persons aboard a fishing vessel that has

been issued a limited access swordfish

permit under § 635.4 must maintain

Atlantic swordfish in either round or

dressed form when possessed on board

the vessel from the time of capture

through offloading in an Atlantic coastal

port.

7. In § 635.31, paragraph (b)(2)(ii) is

revised and paragraph (b)(3) is added to

read as follows:

§ 635.31 Restrictions on sale and

purchase.

(b) Billfish.

(2) * * *

(ii) It is accompanied by a Billfish

Certificate of Eligibility (COE) form

obtained from NMFS or its equivalent

that documents that the fish was

harvested from other than the Atlantic

Ocean management unit.

(A) The Billfish COE required under

this section must indicate, in English,

the name and homeport of the

harvesting vessel, and the date and port

of offloading. Only the purchaser of the

billfish from the harvesting vessel must

complete this information.

(B) The Billfish COE must be signed

and dated by each dealer in possession

of the product throughout the chain of

custody up to but not including the

consumer. This signature indicates a

declaration that the billfish were not

harvested from the management unit.

(C) A Billfish COE may refer to

billfish taken from only one harvesting

vessel. If a shipment contains billfish

taken from more than one vessel, a

separate billfish COE must accompany

the shipment for each harvesting vessel.

(D) A model Billfish COE can be

obtained by contacting the Division

Chief. An equivalent form may be used

provided it contains all of the

information required under this section.

(3) For the purposes of this paragraph

635.31(b), a dealer or seafood processor

means any individual, other than a

consumer, who engages in any activity,

other than fishing, of industry, trade, or

commerce, including but not limited to

the buying or selling of a regulated

species or parts thereof and activities

conducted for the purpose of facilitating

such buying and selling.

[FR Doc. 01–31662 Filed 12–21–01; 8:45 am]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[I.D. 121701D]

Groundfish Fisheries of the Bering Sea

and Aleutian Islands Area and the Gulf

of Alaska

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of meeting to review

proposed work plan for preparing a

revised Alaska Groundfish Fisheries

Draft Programmatic Supplemental

Environmental Impact Statement (SEIS)

and to discuss draft multi-objective

policy alternatives.

SUMMARY: On November 27, 2001,

NMFS announced its intent to revise the

Alaska Groundfish Fisheries draft

Programmatic SEIS. After reviewing

more than 21,000 comment letters

received on the draft Programmatic

SEIS, NMFS determined that revisions

to the draft Programmatic SEIS are