Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Dolphin and Wahoo Fishery of the Atlantic; Amendment 10, 72911-72916 [2021-27845]
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Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Proposed Rules
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[FR Doc. 2021–27631 Filed 12–22–21; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BL00
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Dolphin
and Wahoo Fishery of the Atlantic;
Amendment 10
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Announcement of availability of
fishery management plan amendment;
request for comments.
AGENCY:
The South Atlantic Fishery
Management Council (Council)
submitted Amendment 10 to the Fishery
Management Plan (FMP) for the Dolphin
and Wahoo Fishery of the Atlantic
(Dolphin and Wahoo FMP) for review,
approval, and implementation by
NMFS. If approved by the Secretary of
Commerce, Amendment 10 to the
Dolphin and Wahoo FMP (Amendment
10) would revise the acceptable
biological catch (ABC), annual catch
limits (ACLs), sector allocations,
accountability measures (AMs), and
additional management measures for
dolphin and wahoo. The additional
management measures would address
commercial trip limits, authorized
fishing gear, the operator permit (card)
requirement for dolphin and wahoo,
and the recreational vessel limit for
dolphin. The purpose of Amendment 10
is to base conservation and management
measures for dolphin and wahoo on the
best scientific information available and
increase net benefits from the fishery.
DATES: Written comments must be
received on or before February 22, 2022.
ADDRESSES: You may submit comments
on Amendment 10, identified by
‘‘NOAA–NMFS–2021–0093,’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov and enter ‘‘NOAA–
NMFS–2021–0093’’ in the Search box.
Click the ‘‘Comment’’ icon, complete
the required fields, and enter or attach
your comments.
• Mail: Submit written comments to
Nikhil Mehta, Southeast Regional
Office, NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
SUMMARY:
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the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in the required fields if you wish
to remain anonymous).
Electronic copies of Amendment 10,
which includes a fishery impact
statement and a regulatory impact
review, may be obtained from the
Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
amendment-10-changes-catch-levelssector-allocations-accountabilitymeasures-and-management.
FOR FURTHER INFORMATION CONTACT:
Nikhil Mehta, telephone: 727–824–
5305, or email: nikhil.mehta@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires each
regional fishery management council to
submit any FMP or FMP amendment to
the Secretary of Commerce (the
Secretary) for review and approval,
partial approval, or disapproval. The
Magnuson-Stevens Act also requires
that NMFS, upon receiving an FMP or
amendment, publish an announcement
in the Federal Register notifying the
public that the FMP or amendment is
available for review and comment.
The Council prepared the Dolphin
and Wahoo FMP that is being revised by
Amendment 10. If approved,
Amendment 10 would be implemented
by NMFS through regulations at 50 CFR
part 622 under the authority of the
Magnuson-Stevens Act.
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Background
The Council manages the dolphin and
wahoo fishery in Federal waters from
Maine south to the Florida Keys in the
Atlantic under the Dolphin and Wahoo
FMP.
The current ABC for dolphin and
wahoo was implemented in 2014 by
Amendment 5 to the Dolphin and
Wahoo FMP (Amendment 5), and are
based on the Council’s Scientific and
Statistical Committee’s (SSC)
recommendations using the third
highest annual landings value during
1999–2008 (79 FR 32878; June 9, 2014).
The landings did not include
recreational landings from Monroe
County, Florida, and were based on
recreational data from the Marine
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Recreational Information Program’s
(MRIP) Coastal Household Telephone
Survey (CHTS) method. In April 2020,
the Council’s SSC recommended new
ABC levels for dolphin and wahoo using
the third highest annual landings value
during 1994–2007. These landings
include recreational landings from
Monroe County, Florida, and used
MRIP’s Fishing Effort Survey (FES)
method, which is considered more
reliable by the Council’s SSC, the
Council, and NMFS, and more robust
compared to the CHTS survey method.
The new ABC recommendations within
Amendment 10 for dolphin and wahoo
are also based on the new weight
estimation procedure from NMFS
Southeast Fisheries Science Center
(SEFSC) that uses a 15 fish minimum
sample size and represents the best
scientific information available.
The current total ACLs for both
dolphin and wahoo were implemented
in 2014 by Amendment 5 and are equal
to the ABCs for dolphin and wahoo.
Amendment 10 would revise the total
ACLs for dolphin and wahoo to equal
the new ABC values.
The current sector allocations for
dolphin were implemented in 2016 by
Amendment 8 to the Dolphin and
Wahoo FMP (Amendment 8), with 10.00
percent of the total ACL to the
commercial sector and 90.00 percent of
the total ACL to the recreational sector
(81 FR 3731; January 22, 2016). In 2015,
the commercial sector was closed
because the commercial ACL was met
during that fishing year. In Amendment
8, the Council set the commercial
allocation at the average of the
percentages of the total commercial
catch for 2008–2012, and the resulting
10 percent of the total ACL for the
commercial allocation was expected to
prevent subsequent closures of the
commercial sector. The current sector
allocations for wahoo were
implemented in 2014 by Amendment 5,
with 3.93 percent of the total ACL to the
commercial sector and 96.07 percent of
the total ACL to the recreational sector.
The Council decided on these wahoo
allocations by balancing long-term catch
history with recent catch history, and
determined this method as the most fair
and equitable way to allocate fishery
resources since it considered past and
present participation. The current
allocations for both dolphin and wahoo
were applied to the respective species’
total ACLs (equal to the ABCs) to obtain
the sector ACLs.
Amendment 10 would specify
commercial and recreational allocations
for dolphin at 7.00 percent and 93.00
percent, respectively. For wahoo,
Amendment 10 would specify
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commercial and recreational allocations
at 2.45 percent and 97.55 percent,
respectively. These proposed allocations
would be applied to the respective
species’ proposed total ACLs (equal to
the proposed ABCs) using the third
annual highest landings value during
1994–2007 to determine the proposed
sector ACLs. The proposed sector ACLs
for dolphin and wahoo were derived
from landings which include
recreational landings from Monroe
County, Florida, use MRIP’s FES
method, and SEFSC’S new weight
estimation procedure. For dolphin, the
Council has determined that the
proposed allocations and revised sector
ACLs could avoid a decrease in the
current pounds of dolphin available to
either sector’s ACL. For wahoo, the
Council’s intent is to maintain the
current commercial ACL and allocate
the remaining revised ACL to the
recreational sector.
Amendment 10 does not propose any
changes to the commercial AMs for
dolphin or wahoo. The current
recreational AMs for dolphin and
wahoo were implemented in 2014 by
Amendment 5, and do not contain an
in-season AM but instead require a
monitoring for persistence in
recreational landings during the year
following any recreational ACL overage.
Further, the current recreational postseason AMs state that if the combined
commercial and recreational landings
exceed the combined commercial and
recreational ACLs, and dolphin and
wahoo are overfished, the recreational
ACL for the following year will be
reduced by the amount of the
recreational overage in the prior fishing
year, and the recreational fishing season
will be reduced by the amount
necessary to ensure recreational
landings do not exceed the reduced
ACL. The Regional Administrator (RA)
will determine using the best scientific
information available if a reduction in
the recreational ACL and a reduction in
the length of the following fishing
season is unnecessary. These
recreational post-season AMs for
dolphin and wahoo are not viable
because the post-season AMs would not
be triggered as there is not a peerreviewed stock assessment for dolphin
and wahoo, and such an assessment is
unlikely to be conducted in the near
future. Therefore, there is no likely
method to determine their stock status.
Amendment 10 would establish a trigger
to implement post-season AMs and once
triggered, specify the post-season AMs
for dolphin and wahoo that would not
be based on their stock status.
In 2017, Regulatory Amendment 1 to
the Dolphin and Wahoo FMP and
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associated final rule implemented the
current commercial trip limit for
dolphin of 4,000 lb (1,814 kg), round
weight, once 75 percent of the
commercial ACL is reached (82 FR
8820; January 31, 2017). Prior to
reaching 75 percent of the commercial
ACL, there is no commercial trip limit
for dolphin. In 2004, the original
Dolphin and Wahoo FMP and
associated final rule implemented the
current commercial trip limit for wahoo
of 500 lb (227 kg); and a commercial trip
limit of 200 lb (91 kg) of dolphin and
wahoo, combined, provided that all
fishing on and landings from that trip
are north of 39° N latitude, for a vessel
that does not have a Federal commercial
vessel permit for dolphin and wahoo
but has a Federal commercial vessel
permit in any other fishery.
In 2004, the original Dolphin and
Wahoo FMP and associated final rule
also implemented the currently
authorized commercial gear types in the
dolphin and wahoo fishery in the
Atlantic Exclusive Economic Zone
(EEZ) as automatic reel, bandit gear,
handline, pelagic longline, rod and reel,
and spearfishing gear (including
powerheads). A person aboard a vessel
in the Atlantic EEZ that has on board
gear types (including trap, pot, or buoy
gear) other than authorized gear types
may not possess dolphin or wahoo. In
2016, the Atlantic Offshore
Lobstermen’s Association initially
requested that the Council modify the
fishing gear regulations to allow the
lobster fishery’s historical practice of
harvesting dolphin while in the
possession of lobster pots to continue.
Amendment 10 would allow a vessel in
the Atlantic EEZ that possesses both a
Federal Atlantic Dolphin/Wahoo
commercial permit and any valid
Federal commercial permit(s) required
to fish using trap, pot, or buoy gear; or
is in compliance with permit
requirements specified for the spiny
lobster fishery in 50 CFR 622.400 to
retain dolphin and wahoo caught by rod
and reel while in possession of such
gear types.
In 2004, the original Dolphin and
Wahoo FMP and associated final rule
implemented the requirement for a
vessel operator or a crewmember to hold
a valid operator permit (also called an
operator card) for the Atlantic dolphin
and wahoo commercial permit or a
charter vessel/headboat permit for
Atlantic dolphin and wahoo to be valid.
The operator permit requirement was
implemented to improve enforcement
within the fishery, aid in data
collection, and decrease costs to vessel
owners from fishery violations by vessel
operators. However, in actuality, the
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benefits of operator permits to improve
enforcement have not occurred as they
have not been widely used as an
enforcement tool since implementation.
Rather, other methods of fishery
enforcement, such as vessel permits and
landings, have been used by law
enforcement for the fishery. Because the
expected benefits from operator permits
are not being realized, Amendment 10
would remove the requirement for
operator permits in the dolphin and
wahoo fishery.
The current dolphin recreational bag
limit of 10 fish per person, not to exceed
60 fish per vessel in the Atlantic EEZ,
was implemented by the final rule for
the original Dolphin and Wahoo FMP in
2004. Since then, interest in recreational
harvest of dolphin has increased and
Council public testimony, especially
from Florida and its constituents, has
recommended a decrease in the
recreational retention limits to further
control recreational harvest.
Amendment 10 would decrease the
dolphin recreational vessel limit for
charter vessels and private recreational
vessels, excluding headboats. The
dolphin individual recreational bag
limit or 10 fish per person in the
Atlantic EEZ remains unchanged.
Actions Contained in Amendment 10
Amendment 10 would revise the
catch levels (ABCs and ACLs), sector
allocations, AMs, and management
measures for dolphin and wahoo.
Management measures would address
commercial trip limits, authorized
fishing gear, the operator permit
requirement for dolphin and wahoo,
and the recreational vessel limit for
dolphin.
If approved and implemented,
Amendment 10 and the proposed rule
could be expected to result in potential
positive direct and indirect benefits to
managing the dolphin and wahoo
fishery and its commercial and
recreational fishers. Revisions to the
ABCs, ACLs, sector allocations, and
AMs incorporate best scientific
information available. Changes to
recreational vessel limits for dolphin
would reduce the likelihood of
recreational landings reaching the
revised recreational ACL. Commercial
trip limits, authorized gear, and operator
permit requirements respond to requests
from the public in managing the
dolphin and wahoo fishery more
efficiently.
ABC
As discussed, Amendment 10 would
revise the ABC based on the new MRIP
FES catch estimation procedures and
new SEFSC fish weight estimation
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procedure, which represent the best
scientific information available. The
proposed ABC was also recommended
by the Council’s SSC.
ACLs
Dolphin
The current total ACL for dolphin is
15,344,846 lb (6,960,305 kg), round
weight. Amendment 10 would revise
the total ACL for dolphin to 24,570,764
lb (11,145,111 kg), round weight, based
on the ABC recommended by the
Council’s SSC. The revised total ACL is
equal to the ABC as described in
Amendment 10 and is based upon best
scientific information available. As a
species, dolphin are highly fecund,
spawn throughout a wide geographical
range, have an early age at first maturity,
and a short generation time and so
therefore, dolphin’s life-history could
support the increase in the total ACL.
The Report to Congress on the Status of
U.S. Stocks indicates dolphin is not
overfished, and is not undergoing
overfishing. Additionally, the Council
noted that based on the last 20 years of
total landings data for dolphin, it
appears unlikely that harvest would
consistently exceed the proposed total
ACL, commercial landings are well
tracked through electronic dealer
reporting requirements, there is a
commercial trip limit in place, and
recreational landings for dolphin exhibit
relatively low percent standard errors
(PSE). The Council also noted that
setting the ACL equal to the ABC may
allow dolphin fishers to take advantage
of years of exceptionally high
abundance of dolphin.
The current commercial and
recreational ACLs for dolphin are and
1,534,485 lb (696,031 kg), round weight,
and 13,810,361 lb (6,264,274 kg), round
weight, respectively. These are based on
the current commercial and recreational
allocations of 10.00 percent and 90.00
percent, respectively. The proposed
commercial and recreational ACLs for
dolphin in Amendment 10 are 1,719,953
lb (780,158 kg), round weight, and
22,850,811 lb (10,364,954 kg), round
weight, respectively. The proposed
dolphin sector ACLs in Amendment 10
would be based on the commercial and
recreational allocations of 7.00 percent
and 93.00 percent, respectively.
Wahoo
The current total ACL for wahoo is
1,794,960 lb (814,180 kg), round weight.
Amendment 10 would revise the total
ACL for wahoo to 2,885,303 lb
(1,308,751 kg), round weight based
upon the ABC recommended by the
Council’s SSC. The revised total ACL is
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equal to the ABC and is based upon best
scientific information available. Wahoo
also exhibit rapid growth rates, are
highly migratory, and are sexually
mature at an early age and so their life
history also supports an increase in the
ACL. The overfishing and overfished
status of wahoo is unknown, however,
recent studies found that wahoo did not
show a negative decline in relative
abundance in recent years. The Council
noted that commercial landings for
wahoo are also well tracked through
electronic dealer reporting
requirements, there is a commercial trip
limit of 500 lb (227 kg), and that
recreational landings for wahoo exhibit
relatively low PSEs. The Council also
noted that setting the ACL equal to the
ABC will allow wahoo fishers to take
advantage of years when there is
exceptionally high abundance of wahoo.
The current commercial and
recreational ACLs for wahoo are 70,542
lb (31,997 kg), round weight, and
1,724,418 lb (782,183 kg), round weight,
respectively. These are based on the
current commercial and recreational
allocations of 3.93 percent and 96.07
percent, respectively. The proposed
commercial and recreational ACLs for
wahoo in Amendment 10 are 70,690 lb
(32,064 kg), round weight, and
2,814,613 lb (1,276,687 kg), round
weight, respectively. The proposed
wahoo sector ACLs in Amendment 10
are based on the commercial and
recreational allocations of 2.45 percent
and 97.55 percent, respectively.
No biological effects are expected to
the dolphin and wahoo stocks from
these allocation changes because the
proposed sector ACLs would not change
the proposed total ACLs for dolphin and
wahoo. The commercial sector for
dolphin and wahoo has effective inseason AM already in place to help
constrain commercial harvest, and
Amendment 10 considers modifications
to the post-season AMs to both stocks to
reduce the risk of the recreational ACL
from being exceeded. In deciding on
new sector allocations, the Council
wanted to recognize the needs of the
recreational sector for dolphin and
wahoo which would exhibit higher
landings than previously estimated with
the new accounting of recreational
landings using MRIP’s FES method. At
the same time the Council did not want
to reduce the commercial ACLs on a
pound basis for dolphin and wahoo and
noted that the proposed allocations and
sector ACLs would strike a balance
between the needs of both sectors.
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AMs
Dolphin
Amendment 10 would revise the
recreational AMs for dolphin. The
current in-season closure and stock
status based post-season AM would be
replaced. The proposed recreational AM
in Amendment 10 would be a post
season AM that would be triggered in
the following fishing year if the total
ACL (commercial and recreational
ACLs, combined) is exceeded. The
Council’s intent is to avoid closing
recreational harvest in-season and
extend maximum fishing opportunities
to the recreational sector without
triggering the recreational AM, as long
as the commercial sector is under
harvesting its sector ACL. The revised
recreational AM trigger would also help
ensure sustainable harvest by
preventing the total ACL from being
exceeded on a consistent basis. Once
triggered, the proposed post-season
recreational AM would reduce the
length of the following recreational
fishing season by the amount necessary
to prevent the recreational ACL from
being exceeded in the following year.
However, the length of the recreational
season would not be reduced if the RA
determines, using the best available
science, that the season reduction is not
necessary. The Council noted that there
would be a relatively low likelihood of
the recreational AM for dolphin being
triggered, because the proposed
recreational ACL is based on the
proposed ABC which is set at a
relatively high level of landings that has
not often been observed in the dolphin
portion of the dolphin and wahoo
fishery. Additionally, any determination
that the total ACL had been exceeded
would allow for the monitoring of
landings during the following season to
evaluate whether the elevated landings
from the previous fishing year are
continuing to persist in the fishery. That
information would inform decisions on
whether a fishing season closure would
actually need to occur to constrain
harvest to the ACL.
Wahoo
Amendment 10 would revise the
recreational AMs for wahoo. The
current in-season closure and stock
status based post-season AM would be
replaced. The proposed recreational AM
in Amendment 10 would be a post
season AM that would be triggered in
the following fishing year if the
recreational ACLs are constant and the
3-year geometric mean of landings
exceeds the recreational ACL. As
described in Amendment 10, whenever
the recreational ACL is changed, a
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single year of landings would be used
an overage determination, beginning
with the most recent available year of
landings, then a 2-year average of
landings from that single year and the
subsequent year, then a 3-year average
of landings from those 2 years and the
subsequent year, and thereafter a
progressive running 3-year average
would be used to determine if the
recreational AM trigger has been met.
The Council noted this approach would
allow the recreational AM to be
triggered if the ACL was exceeded on a
consistent basis. A 3-year geometric
mean would help to smooth the data
and potentially avoid implementing
restrictive recreational post-season AMs
unnecessarily if there was an anomaly
in the recreational landings estimates
during those 3 years that was not
accurately reflecting an actual increase
in the harvest of wahoo. It was also
noted by the Council that a geometric
mean is less sensitive to being affected
by abnormally large variations in
landings estimates than using the
arithmetic mean or using a single year
point estimate. Once triggered, the postseason recreational AM would reduce
the length of the following recreational
fishing season by the amount necessary
to prevent the recreational ACL from
being exceeded in that year. However,
the length of the recreational season
would not be reduced if the RA
determines, using the best available
science, that a fishing season reduction
is not necessary. Additionally, any
determination that the ACL had been
exceeded would allow for the
monitoring of landings for the following
season to evaluate whether the elevated
landings from the previous year are
continuing to persist in the fishery. That
information would inform decisions on
whether a late season harvest closure
would actually need to occur to
constrain harvest to the ACL. The
Council also noted the relatively
equitable nature and equally distributed
effects of a shortening of the recreational
season, as wahoo are often targeted and
caught late in the year in many areas of
the Atlantic region.
Commercial Trip Limits and Authorized
Gear Exemption
For vessels with a commercial permit
for Atlantic dolphin and wahoo, under
the current trip limits, dolphin and
wahoo may only be harvested and
possessed with the authorized gear
types onboard. These gear types are
automatic reel, bandit gear, handline,
pelagic longline, rod and reel, and
spearfishing gear. Possession on the
vessel of any other gear type results in
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a prohibition of the possession of any
dolphin or wahoo.
American lobster fishers requested to
the Council that they be allowed to
possess dolphin or wahoo while they
moved from one lobster pot to the next.
The Council wanted to allow for the
authorized gear exemption based on a
request from the Atlantic Offshore
Lobstermen’s Association to allow the
historical practice of harvesting dolphin
with rod and reel while in the
possession of lobster pots to continue
and also take a broader approach to
allow vessels fishing with trap, pot, or
buoy gear to possess dolphin or wahoo
as long as the fish were harvested with
rod and reel gear. The Council decided
to be more comprehensive and included
other trap, pot, and buoy gear.
Amendment 10 would allow for a new
category of commercial trip limits for
dolphin and wahoo based on a proposed
authorized gear exemption for trap, pot,
and buoy gear. Amendment 10 would
allow the harvest and retention of 500
lb (227 kg), gutted weight, of dolphin
and 500 lb (227 kg) of wahoo, on board
a vessel in the Atlantic EEZ that
possesses both an Atlantic Dolphin/
Wahoo commercial permit and any
valid Federal commercial permit(s) that
allow a vessel to fish using trap, pot, or
buoy gear or is in compliance with the
permitting requirements for the spiny
lobster of the Gulf of Mexico and South
Atlantic as described at 50 CFR 622.400,
caught by rod and reel while in
possession of such gear types. The
proposed commercial trip limits in
Amendment 10 under the authorized
gear exemption may not be combined
with the current commercial trip limits
for commercially permitted dolphin and
wahoo vessels. The Council determined
that this additional regulatory flexibility
would have positive economic effects
within the fishery while also limiting
the potential for any unforeseen
significant increases in commercial
landings through the specific setting of
the 500 lb (227 kg), gutted weight, trip
limit.
Operator Permits
Currently, an operator of a vessel with
either a commercial permit or a charter
vessel/headboat permit for dolphin and
wahoo is required to have an operator
permit. Such operator permit must be
onboard the vessel and the vessel owner
is required to have a permitted operator
onboard the vessel while it is at sea or
offloading. This operator permit
requirement was implemented in 2004,
through the original FMP for dolphin
and wahoo, as a way to assist in law
enforcement efforts within the fishery
by holding the vessel operator
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20:28 Dec 22, 2021
Jkt 256001
accountable for any violation of
regulations and to aid in data collection
(69 FR 30235; May 27, 2004).
Amendment 10 would remove the
current requirements for operator
permits and permitted operators for
both the dolphin and wahoo
commercial and charter vessel/headboat
permitted vessels. At the March 2016
Council meeting, the NMFS Office of
Law Enforcement gave a presentation on
operator permits, and stated that the
operator permits are not actually used to
a large extent by them or their law
enforcement partners for gathering data,
distributing information or enforcement.
The Council noted that there is some
potential value for operator permits in
aiding law enforcement efforts, but the
inconsistent requirements between
Atlantic fisheries greatly diminishes this
utility. Public testimony indicated that
operator permits are rarely checked by
enforcement personnel during fishing
trips and are burdensome for fishermen
to renew and maintain. The Council
determined that the limited use of
operator permits in the dolphin and
wahoo fishery did not outweigh the cost
to fishermen to obtain the permit, and
removing this requirement would yield
positive social, economic, and
administrative benefits.
Recreational Bag and Vessel Limits for
Dolphin
For Atlantic dolphin, the current bag
and possession limits are 10 fish per
person, not to exceed 60 fish per vessel,
whichever is less, except onboard a
headboat where the limit is 10 per
paying passenger. Amendment 10
would decrease the recreational dolphin
vessel limit from 60 fish per vessel to 54
fish per vessel for charter vessels and
private recreational vessels, excluding
headboats, in the Atlantic EEZ. The
recreational bag limit for private
recreational anglers and passengers
onboard charter vessels and headboats
will remain at 10 fish per person in the
Atlantic EEZ. As a result of the
proposed possession limit reduction in
Amendment 10, the total estimated
annual reduction in recreational
landings is expected to be 114,051 lb
(51,733 kg), round weight. Data analysis
in Amendment 10 demonstrated that
most of the recreational trips in the
Atlantic EEZ targeting dolphin
harvested less than 10 fish per vessel.
Therefore, as a result of the very small
proportion of recreational trips that
might reach the proposed vessel limit of
54 fish per vessel, no change in fishing
activity or behavior is anticipated. The
Council noted that one of the goals of
the Dolphin and Wahoo FMP is to
maintain a precautionary approach to
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Fmt 4702
Sfmt 4702
72915
management. While there is no
Southeast Data and Assessment Review
stock assessment for dolphin and the
stock is listed as not overfished or
undergoing overfishing, the Council
heard public testimony, particularly
from anglers in Florida that dolphin
abundance appears to be low and there
was concern over the health of the
dolphin stock and the associated
fishery. The Council determined a coastwide reduction in the vessel limit was
appropriate to maintain consistency of
regulations across the region in the
retention limits for dolphin and noted
that such a change in retention limits
would lead to more substantial harvest
reductions than a Florida-specific or
regional approach.
Goals and Objectives
The goals and objectives of the
Dolphin and Wahoo FMP were
implemented through the original
fishery management plan in 2004 and
have not been revised since then. In
2016, the Fisheries Allocation Review
Policy (NMFS Policy Directive 01–119)
encouraged the use of adaptive
management with respect to allocation
revisions, and recommended periodic
re-evaluation and updating of the
management goals and objectives of any
FMP to ensure they are relevant to
current conditions and needs.
Amendment 10 would revise these
Dolphin and Wahoo FMP goals and
objectives in response to the 2016
Fisheries Allocation Review Policy and
ensure the goals and objectives reflect
the current dolphin and wahoo fishery.
Specifically, the revised goals and
objectives seek to manage the dolphin
and wahoo fishery using a
precautionary approach that maintains
access, minimizes competition,
preserves the social and economic
importance of the fishery, as well as
promotes research and incorporation of
ecosystem considerations where
practicable.
Proposed Rule for Amendment 10
A proposed rule to implement
Amendment 10 has been drafted. In
accordance with the Magnuson-Stevens
Act, NMFS is evaluating the proposed
rule for Amendment 10 to determine
whether it is consistent with the
Dolphin and Wahoo FMP, the
Magnuson-Stevens Act, and other
applicable law. If that determination is
affirmative, NMFS will publish the
proposed rule in the Federal Register
for public review and comment.
Consideration of Public Comments
The Council has submitted
Amendment 10 for Secretarial review,
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approval, and implementation.
Comments on Amendment 10 must be
received by February 22, 2022.
Comments received during the
respective comment periods, whether
specifically directed to Amendment 10
or the proposed rule, will be considered
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20:28 Dec 22, 2021
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by NMFS in the decision to approve,
partially approve, or disapprove,
Amendment 10. All comments received
by NMFS on the amendment or the
proposed rule during their respective
comment periods will be addressed in
the final rule.
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Authority: 16 U.S.C. 1801 et seq.
Dated: December 17, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–27845 Filed 12–22–21; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\23DEP1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 244 (Thursday, December 23, 2021)]
[Proposed Rules]
[Pages 72911-72916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27845]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BL00
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Dolphin and Wahoo Fishery of the Atlantic; Amendment 10
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Announcement of availability of fishery management plan
amendment; request for comments.
-----------------------------------------------------------------------
SUMMARY: The South Atlantic Fishery Management Council (Council)
submitted Amendment 10 to the Fishery Management Plan (FMP) for the
Dolphin and Wahoo Fishery of the Atlantic (Dolphin and Wahoo FMP) for
review, approval, and implementation by NMFS. If approved by the
Secretary of Commerce, Amendment 10 to the Dolphin and Wahoo FMP
(Amendment 10) would revise the acceptable biological catch (ABC),
annual catch limits (ACLs), sector allocations, accountability measures
(AMs), and additional management measures for dolphin and wahoo. The
additional management measures would address commercial trip limits,
authorized fishing gear, the operator permit (card) requirement for
dolphin and wahoo, and the recreational vessel limit for dolphin. The
purpose of Amendment 10 is to base conservation and management measures
for dolphin and wahoo on the best scientific information available and
increase net benefits from the fishery.
DATES: Written comments must be received on or before February 22,
2022.
ADDRESSES: You may submit comments on Amendment 10, identified by
``NOAA-NMFS-2021-0093,'' by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov
and enter ``NOAA-NMFS-2021-0093'' in the Search box. Click the
``Comment'' icon, complete the required fields, and enter or attach
your comments.
Mail: Submit written comments to Nikhil Mehta, Southeast
Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of
[[Page 72912]]
the comment period, may not be considered by NMFS. All comments
received are a part of the public record and will generally be posted
for public viewing on www.regulations.gov without change. All personal
identifying information (e.g., name, address), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Electronic copies of Amendment 10, which includes a fishery impact
statement and a regulatory impact review, may be obtained from the
Southeast Regional Office website at https://www.fisheries.noaa.gov/action/amendment-10-changes-catch-levels-sector-allocations-accountability-measures-and-management.
FOR FURTHER INFORMATION CONTACT: Nikhil Mehta, telephone: 727-824-5305,
or email: [email protected].
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any FMP or FMP amendment to the
Secretary of Commerce (the Secretary) for review and approval, partial
approval, or disapproval. The Magnuson-Stevens Act also requires that
NMFS, upon receiving an FMP or amendment, publish an announcement in
the Federal Register notifying the public that the FMP or amendment is
available for review and comment.
The Council prepared the Dolphin and Wahoo FMP that is being
revised by Amendment 10. If approved, Amendment 10 would be implemented
by NMFS through regulations at 50 CFR part 622 under the authority of
the Magnuson-Stevens Act.
Background
The Council manages the dolphin and wahoo fishery in Federal waters
from Maine south to the Florida Keys in the Atlantic under the Dolphin
and Wahoo FMP.
The current ABC for dolphin and wahoo was implemented in 2014 by
Amendment 5 to the Dolphin and Wahoo FMP (Amendment 5), and are based
on the Council's Scientific and Statistical Committee's (SSC)
recommendations using the third highest annual landings value during
1999-2008 (79 FR 32878; June 9, 2014). The landings did not include
recreational landings from Monroe County, Florida, and were based on
recreational data from the Marine Recreational Information Program's
(MRIP) Coastal Household Telephone Survey (CHTS) method. In April 2020,
the Council's SSC recommended new ABC levels for dolphin and wahoo
using the third highest annual landings value during 1994-2007. These
landings include recreational landings from Monroe County, Florida, and
used MRIP's Fishing Effort Survey (FES) method, which is considered
more reliable by the Council's SSC, the Council, and NMFS, and more
robust compared to the CHTS survey method. The new ABC recommendations
within Amendment 10 for dolphin and wahoo are also based on the new
weight estimation procedure from NMFS Southeast Fisheries Science
Center (SEFSC) that uses a 15 fish minimum sample size and represents
the best scientific information available.
The current total ACLs for both dolphin and wahoo were implemented
in 2014 by Amendment 5 and are equal to the ABCs for dolphin and wahoo.
Amendment 10 would revise the total ACLs for dolphin and wahoo to equal
the new ABC values.
The current sector allocations for dolphin were implemented in 2016
by Amendment 8 to the Dolphin and Wahoo FMP (Amendment 8), with 10.00
percent of the total ACL to the commercial sector and 90.00 percent of
the total ACL to the recreational sector (81 FR 3731; January 22,
2016). In 2015, the commercial sector was closed because the commercial
ACL was met during that fishing year. In Amendment 8, the Council set
the commercial allocation at the average of the percentages of the
total commercial catch for 2008-2012, and the resulting 10 percent of
the total ACL for the commercial allocation was expected to prevent
subsequent closures of the commercial sector. The current sector
allocations for wahoo were implemented in 2014 by Amendment 5, with
3.93 percent of the total ACL to the commercial sector and 96.07
percent of the total ACL to the recreational sector. The Council
decided on these wahoo allocations by balancing long-term catch history
with recent catch history, and determined this method as the most fair
and equitable way to allocate fishery resources since it considered
past and present participation. The current allocations for both
dolphin and wahoo were applied to the respective species' total ACLs
(equal to the ABCs) to obtain the sector ACLs.
Amendment 10 would specify commercial and recreational allocations
for dolphin at 7.00 percent and 93.00 percent, respectively. For wahoo,
Amendment 10 would specify commercial and recreational allocations at
2.45 percent and 97.55 percent, respectively. These proposed
allocations would be applied to the respective species' proposed total
ACLs (equal to the proposed ABCs) using the third annual highest
landings value during 1994-2007 to determine the proposed sector ACLs.
The proposed sector ACLs for dolphin and wahoo were derived from
landings which include recreational landings from Monroe County,
Florida, use MRIP's FES method, and SEFSC'S new weight estimation
procedure. For dolphin, the Council has determined that the proposed
allocations and revised sector ACLs could avoid a decrease in the
current pounds of dolphin available to either sector's ACL. For wahoo,
the Council's intent is to maintain the current commercial ACL and
allocate the remaining revised ACL to the recreational sector.
Amendment 10 does not propose any changes to the commercial AMs for
dolphin or wahoo. The current recreational AMs for dolphin and wahoo
were implemented in 2014 by Amendment 5, and do not contain an in-
season AM but instead require a monitoring for persistence in
recreational landings during the year following any recreational ACL
overage. Further, the current recreational post-season AMs state that
if the combined commercial and recreational landings exceed the
combined commercial and recreational ACLs, and dolphin and wahoo are
overfished, the recreational ACL for the following year will be reduced
by the amount of the recreational overage in the prior fishing year,
and the recreational fishing season will be reduced by the amount
necessary to ensure recreational landings do not exceed the reduced
ACL. The Regional Administrator (RA) will determine using the best
scientific information available if a reduction in the recreational ACL
and a reduction in the length of the following fishing season is
unnecessary. These recreational post-season AMs for dolphin and wahoo
are not viable because the post-season AMs would not be triggered as
there is not a peer-reviewed stock assessment for dolphin and wahoo,
and such an assessment is unlikely to be conducted in the near future.
Therefore, there is no likely method to determine their stock status.
Amendment 10 would establish a trigger to implement post-season AMs and
once triggered, specify the post-season AMs for dolphin and wahoo that
would not be based on their stock status.
In 2017, Regulatory Amendment 1 to the Dolphin and Wahoo FMP and
[[Page 72913]]
associated final rule implemented the current commercial trip limit for
dolphin of 4,000 lb (1,814 kg), round weight, once 75 percent of the
commercial ACL is reached (82 FR 8820; January 31, 2017). Prior to
reaching 75 percent of the commercial ACL, there is no commercial trip
limit for dolphin. In 2004, the original Dolphin and Wahoo FMP and
associated final rule implemented the current commercial trip limit for
wahoo of 500 lb (227 kg); and a commercial trip limit of 200 lb (91 kg)
of dolphin and wahoo, combined, provided that all fishing on and
landings from that trip are north of 39[deg] N latitude, for a vessel
that does not have a Federal commercial vessel permit for dolphin and
wahoo but has a Federal commercial vessel permit in any other fishery.
In 2004, the original Dolphin and Wahoo FMP and associated final
rule also implemented the currently authorized commercial gear types in
the dolphin and wahoo fishery in the Atlantic Exclusive Economic Zone
(EEZ) as automatic reel, bandit gear, handline, pelagic longline, rod
and reel, and spearfishing gear (including powerheads). A person aboard
a vessel in the Atlantic EEZ that has on board gear types (including
trap, pot, or buoy gear) other than authorized gear types may not
possess dolphin or wahoo. In 2016, the Atlantic Offshore Lobstermen's
Association initially requested that the Council modify the fishing
gear regulations to allow the lobster fishery's historical practice of
harvesting dolphin while in the possession of lobster pots to continue.
Amendment 10 would allow a vessel in the Atlantic EEZ that possesses
both a Federal Atlantic Dolphin/Wahoo commercial permit and any valid
Federal commercial permit(s) required to fish using trap, pot, or buoy
gear; or is in compliance with permit requirements specified for the
spiny lobster fishery in 50 CFR 622.400 to retain dolphin and wahoo
caught by rod and reel while in possession of such gear types.
In 2004, the original Dolphin and Wahoo FMP and associated final
rule implemented the requirement for a vessel operator or a crewmember
to hold a valid operator permit (also called an operator card) for the
Atlantic dolphin and wahoo commercial permit or a charter vessel/
headboat permit for Atlantic dolphin and wahoo to be valid. The
operator permit requirement was implemented to improve enforcement
within the fishery, aid in data collection, and decrease costs to
vessel owners from fishery violations by vessel operators. However, in
actuality, the benefits of operator permits to improve enforcement have
not occurred as they have not been widely used as an enforcement tool
since implementation. Rather, other methods of fishery enforcement,
such as vessel permits and landings, have been used by law enforcement
for the fishery. Because the expected benefits from operator permits
are not being realized, Amendment 10 would remove the requirement for
operator permits in the dolphin and wahoo fishery.
The current dolphin recreational bag limit of 10 fish per person,
not to exceed 60 fish per vessel in the Atlantic EEZ, was implemented
by the final rule for the original Dolphin and Wahoo FMP in 2004. Since
then, interest in recreational harvest of dolphin has increased and
Council public testimony, especially from Florida and its constituents,
has recommended a decrease in the recreational retention limits to
further control recreational harvest. Amendment 10 would decrease the
dolphin recreational vessel limit for charter vessels and private
recreational vessels, excluding headboats. The dolphin individual
recreational bag limit or 10 fish per person in the Atlantic EEZ
remains unchanged.
Actions Contained in Amendment 10
Amendment 10 would revise the catch levels (ABCs and ACLs), sector
allocations, AMs, and management measures for dolphin and wahoo.
Management measures would address commercial trip limits, authorized
fishing gear, the operator permit requirement for dolphin and wahoo,
and the recreational vessel limit for dolphin.
If approved and implemented, Amendment 10 and the proposed rule
could be expected to result in potential positive direct and indirect
benefits to managing the dolphin and wahoo fishery and its commercial
and recreational fishers. Revisions to the ABCs, ACLs, sector
allocations, and AMs incorporate best scientific information available.
Changes to recreational vessel limits for dolphin would reduce the
likelihood of recreational landings reaching the revised recreational
ACL. Commercial trip limits, authorized gear, and operator permit
requirements respond to requests from the public in managing the
dolphin and wahoo fishery more efficiently.
ABC
As discussed, Amendment 10 would revise the ABC based on the new
MRIP FES catch estimation procedures and new SEFSC fish weight
estimation procedure, which represent the best scientific information
available. The proposed ABC was also recommended by the Council's SSC.
ACLs
Dolphin
The current total ACL for dolphin is 15,344,846 lb (6,960,305 kg),
round weight. Amendment 10 would revise the total ACL for dolphin to
24,570,764 lb (11,145,111 kg), round weight, based on the ABC
recommended by the Council's SSC. The revised total ACL is equal to the
ABC as described in Amendment 10 and is based upon best scientific
information available. As a species, dolphin are highly fecund, spawn
throughout a wide geographical range, have an early age at first
maturity, and a short generation time and so therefore, dolphin's life-
history could support the increase in the total ACL. The Report to
Congress on the Status of U.S. Stocks indicates dolphin is not
overfished, and is not undergoing overfishing. Additionally, the
Council noted that based on the last 20 years of total landings data
for dolphin, it appears unlikely that harvest would consistently exceed
the proposed total ACL, commercial landings are well tracked through
electronic dealer reporting requirements, there is a commercial trip
limit in place, and recreational landings for dolphin exhibit
relatively low percent standard errors (PSE). The Council also noted
that setting the ACL equal to the ABC may allow dolphin fishers to take
advantage of years of exceptionally high abundance of dolphin.
The current commercial and recreational ACLs for dolphin are and
1,534,485 lb (696,031 kg), round weight, and 13,810,361 lb (6,264,274
kg), round weight, respectively. These are based on the current
commercial and recreational allocations of 10.00 percent and 90.00
percent, respectively. The proposed commercial and recreational ACLs
for dolphin in Amendment 10 are 1,719,953 lb (780,158 kg), round
weight, and 22,850,811 lb (10,364,954 kg), round weight, respectively.
The proposed dolphin sector ACLs in Amendment 10 would be based on the
commercial and recreational allocations of 7.00 percent and 93.00
percent, respectively.
Wahoo
The current total ACL for wahoo is 1,794,960 lb (814,180 kg), round
weight. Amendment 10 would revise the total ACL for wahoo to 2,885,303
lb (1,308,751 kg), round weight based upon the ABC recommended by the
Council's SSC. The revised total ACL is
[[Page 72914]]
equal to the ABC and is based upon best scientific information
available. Wahoo also exhibit rapid growth rates, are highly migratory,
and are sexually mature at an early age and so their life history also
supports an increase in the ACL. The overfishing and overfished status
of wahoo is unknown, however, recent studies found that wahoo did not
show a negative decline in relative abundance in recent years. The
Council noted that commercial landings for wahoo are also well tracked
through electronic dealer reporting requirements, there is a commercial
trip limit of 500 lb (227 kg), and that recreational landings for wahoo
exhibit relatively low PSEs. The Council also noted that setting the
ACL equal to the ABC will allow wahoo fishers to take advantage of
years when there is exceptionally high abundance of wahoo.
The current commercial and recreational ACLs for wahoo are 70,542
lb (31,997 kg), round weight, and 1,724,418 lb (782,183 kg), round
weight, respectively. These are based on the current commercial and
recreational allocations of 3.93 percent and 96.07 percent,
respectively. The proposed commercial and recreational ACLs for wahoo
in Amendment 10 are 70,690 lb (32,064 kg), round weight, and 2,814,613
lb (1,276,687 kg), round weight, respectively. The proposed wahoo
sector ACLs in Amendment 10 are based on the commercial and
recreational allocations of 2.45 percent and 97.55 percent,
respectively.
No biological effects are expected to the dolphin and wahoo stocks
from these allocation changes because the proposed sector ACLs would
not change the proposed total ACLs for dolphin and wahoo. The
commercial sector for dolphin and wahoo has effective in-season AM
already in place to help constrain commercial harvest, and Amendment 10
considers modifications to the post-season AMs to both stocks to reduce
the risk of the recreational ACL from being exceeded. In deciding on
new sector allocations, the Council wanted to recognize the needs of
the recreational sector for dolphin and wahoo which would exhibit
higher landings than previously estimated with the new accounting of
recreational landings using MRIP's FES method. At the same time the
Council did not want to reduce the commercial ACLs on a pound basis for
dolphin and wahoo and noted that the proposed allocations and sector
ACLs would strike a balance between the needs of both sectors.
AMs
Dolphin
Amendment 10 would revise the recreational AMs for dolphin. The
current in-season closure and stock status based post-season AM would
be replaced. The proposed recreational AM in Amendment 10 would be a
post season AM that would be triggered in the following fishing year if
the total ACL (commercial and recreational ACLs, combined) is exceeded.
The Council's intent is to avoid closing recreational harvest in-season
and extend maximum fishing opportunities to the recreational sector
without triggering the recreational AM, as long as the commercial
sector is under harvesting its sector ACL. The revised recreational AM
trigger would also help ensure sustainable harvest by preventing the
total ACL from being exceeded on a consistent basis. Once triggered,
the proposed post-season recreational AM would reduce the length of the
following recreational fishing season by the amount necessary to
prevent the recreational ACL from being exceeded in the following year.
However, the length of the recreational season would not be reduced if
the RA determines, using the best available science, that the season
reduction is not necessary. The Council noted that there would be a
relatively low likelihood of the recreational AM for dolphin being
triggered, because the proposed recreational ACL is based on the
proposed ABC which is set at a relatively high level of landings that
has not often been observed in the dolphin portion of the dolphin and
wahoo fishery. Additionally, any determination that the total ACL had
been exceeded would allow for the monitoring of landings during the
following season to evaluate whether the elevated landings from the
previous fishing year are continuing to persist in the fishery. That
information would inform decisions on whether a fishing season closure
would actually need to occur to constrain harvest to the ACL.
Wahoo
Amendment 10 would revise the recreational AMs for wahoo. The
current in-season closure and stock status based post-season AM would
be replaced. The proposed recreational AM in Amendment 10 would be a
post season AM that would be triggered in the following fishing year if
the recreational ACLs are constant and the 3-year geometric mean of
landings exceeds the recreational ACL. As described in Amendment 10,
whenever the recreational ACL is changed, a single year of landings
would be used an overage determination, beginning with the most recent
available year of landings, then a 2-year average of landings from that
single year and the subsequent year, then a 3-year average of landings
from those 2 years and the subsequent year, and thereafter a
progressive running 3-year average would be used to determine if the
recreational AM trigger has been met. The Council noted this approach
would allow the recreational AM to be triggered if the ACL was exceeded
on a consistent basis. A 3-year geometric mean would help to smooth the
data and potentially avoid implementing restrictive recreational post-
season AMs unnecessarily if there was an anomaly in the recreational
landings estimates during those 3 years that was not accurately
reflecting an actual increase in the harvest of wahoo. It was also
noted by the Council that a geometric mean is less sensitive to being
affected by abnormally large variations in landings estimates than
using the arithmetic mean or using a single year point estimate. Once
triggered, the post-season recreational AM would reduce the length of
the following recreational fishing season by the amount necessary to
prevent the recreational ACL from being exceeded in that year. However,
the length of the recreational season would not be reduced if the RA
determines, using the best available science, that a fishing season
reduction is not necessary. Additionally, any determination that the
ACL had been exceeded would allow for the monitoring of landings for
the following season to evaluate whether the elevated landings from the
previous year are continuing to persist in the fishery. That
information would inform decisions on whether a late season harvest
closure would actually need to occur to constrain harvest to the ACL.
The Council also noted the relatively equitable nature and equally
distributed effects of a shortening of the recreational season, as
wahoo are often targeted and caught late in the year in many areas of
the Atlantic region.
Commercial Trip Limits and Authorized Gear Exemption
For vessels with a commercial permit for Atlantic dolphin and
wahoo, under the current trip limits, dolphin and wahoo may only be
harvested and possessed with the authorized gear types onboard. These
gear types are automatic reel, bandit gear, handline, pelagic longline,
rod and reel, and spearfishing gear. Possession on the vessel of any
other gear type results in
[[Page 72915]]
a prohibition of the possession of any dolphin or wahoo.
American lobster fishers requested to the Council that they be
allowed to possess dolphin or wahoo while they moved from one lobster
pot to the next. The Council wanted to allow for the authorized gear
exemption based on a request from the Atlantic Offshore Lobstermen's
Association to allow the historical practice of harvesting dolphin with
rod and reel while in the possession of lobster pots to continue and
also take a broader approach to allow vessels fishing with trap, pot,
or buoy gear to possess dolphin or wahoo as long as the fish were
harvested with rod and reel gear. The Council decided to be more
comprehensive and included other trap, pot, and buoy gear. Amendment 10
would allow for a new category of commercial trip limits for dolphin
and wahoo based on a proposed authorized gear exemption for trap, pot,
and buoy gear. Amendment 10 would allow the harvest and retention of
500 lb (227 kg), gutted weight, of dolphin and 500 lb (227 kg) of
wahoo, on board a vessel in the Atlantic EEZ that possesses both an
Atlantic Dolphin/Wahoo commercial permit and any valid Federal
commercial permit(s) that allow a vessel to fish using trap, pot, or
buoy gear or is in compliance with the permitting requirements for the
spiny lobster of the Gulf of Mexico and South Atlantic as described at
50 CFR 622.400, caught by rod and reel while in possession of such gear
types. The proposed commercial trip limits in Amendment 10 under the
authorized gear exemption may not be combined with the current
commercial trip limits for commercially permitted dolphin and wahoo
vessels. The Council determined that this additional regulatory
flexibility would have positive economic effects within the fishery
while also limiting the potential for any unforeseen significant
increases in commercial landings through the specific setting of the
500 lb (227 kg), gutted weight, trip limit.
Operator Permits
Currently, an operator of a vessel with either a commercial permit
or a charter vessel/headboat permit for dolphin and wahoo is required
to have an operator permit. Such operator permit must be onboard the
vessel and the vessel owner is required to have a permitted operator
onboard the vessel while it is at sea or offloading. This operator
permit requirement was implemented in 2004, through the original FMP
for dolphin and wahoo, as a way to assist in law enforcement efforts
within the fishery by holding the vessel operator accountable for any
violation of regulations and to aid in data collection (69 FR 30235;
May 27, 2004).
Amendment 10 would remove the current requirements for operator
permits and permitted operators for both the dolphin and wahoo
commercial and charter vessel/headboat permitted vessels. At the March
2016 Council meeting, the NMFS Office of Law Enforcement gave a
presentation on operator permits, and stated that the operator permits
are not actually used to a large extent by them or their law
enforcement partners for gathering data, distributing information or
enforcement. The Council noted that there is some potential value for
operator permits in aiding law enforcement efforts, but the
inconsistent requirements between Atlantic fisheries greatly diminishes
this utility. Public testimony indicated that operator permits are
rarely checked by enforcement personnel during fishing trips and are
burdensome for fishermen to renew and maintain. The Council determined
that the limited use of operator permits in the dolphin and wahoo
fishery did not outweigh the cost to fishermen to obtain the permit,
and removing this requirement would yield positive social, economic,
and administrative benefits.
Recreational Bag and Vessel Limits for Dolphin
For Atlantic dolphin, the current bag and possession limits are 10
fish per person, not to exceed 60 fish per vessel, whichever is less,
except onboard a headboat where the limit is 10 per paying passenger.
Amendment 10 would decrease the recreational dolphin vessel limit from
60 fish per vessel to 54 fish per vessel for charter vessels and
private recreational vessels, excluding headboats, in the Atlantic EEZ.
The recreational bag limit for private recreational anglers and
passengers onboard charter vessels and headboats will remain at 10 fish
per person in the Atlantic EEZ. As a result of the proposed possession
limit reduction in Amendment 10, the total estimated annual reduction
in recreational landings is expected to be 114,051 lb (51,733 kg),
round weight. Data analysis in Amendment 10 demonstrated that most of
the recreational trips in the Atlantic EEZ targeting dolphin harvested
less than 10 fish per vessel. Therefore, as a result of the very small
proportion of recreational trips that might reach the proposed vessel
limit of 54 fish per vessel, no change in fishing activity or behavior
is anticipated. The Council noted that one of the goals of the Dolphin
and Wahoo FMP is to maintain a precautionary approach to management.
While there is no Southeast Data and Assessment Review stock assessment
for dolphin and the stock is listed as not overfished or undergoing
overfishing, the Council heard public testimony, particularly from
anglers in Florida that dolphin abundance appears to be low and there
was concern over the health of the dolphin stock and the associated
fishery. The Council determined a coast-wide reduction in the vessel
limit was appropriate to maintain consistency of regulations across the
region in the retention limits for dolphin and noted that such a change
in retention limits would lead to more substantial harvest reductions
than a Florida-specific or regional approach.
Goals and Objectives
The goals and objectives of the Dolphin and Wahoo FMP were
implemented through the original fishery management plan in 2004 and
have not been revised since then. In 2016, the Fisheries Allocation
Review Policy (NMFS Policy Directive 01-119) encouraged the use of
adaptive management with respect to allocation revisions, and
recommended periodic re-evaluation and updating of the management goals
and objectives of any FMP to ensure they are relevant to current
conditions and needs. Amendment 10 would revise these Dolphin and Wahoo
FMP goals and objectives in response to the 2016 Fisheries Allocation
Review Policy and ensure the goals and objectives reflect the current
dolphin and wahoo fishery. Specifically, the revised goals and
objectives seek to manage the dolphin and wahoo fishery using a
precautionary approach that maintains access, minimizes competition,
preserves the social and economic importance of the fishery, as well as
promotes research and incorporation of ecosystem considerations where
practicable.
Proposed Rule for Amendment 10
A proposed rule to implement Amendment 10 has been drafted. In
accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule for Amendment 10 to determine whether it is consistent
with the Dolphin and Wahoo FMP, the Magnuson-Stevens Act, and other
applicable law. If that determination is affirmative, NMFS will publish
the proposed rule in the Federal Register for public review and
comment.
Consideration of Public Comments
The Council has submitted Amendment 10 for Secretarial review,
[[Page 72916]]
approval, and implementation. Comments on Amendment 10 must be received
by February 22, 2022. Comments received during the respective comment
periods, whether specifically directed to Amendment 10 or the proposed
rule, will be considered by NMFS in the decision to approve, partially
approve, or disapprove, Amendment 10. All comments received by NMFS on
the amendment or the proposed rule during their respective comment
periods will be addressed in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 17, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-27845 Filed 12-22-21; 8:45 am]
BILLING CODE 3510-22-P
