68090 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Rules and Regulations 

Dated: November 17, 2004. 

Stefan G. Venckus, 

Chief, Office of Regulations and 

Administrative Law, United States Coast 

Guard.

[FR Doc. 04–25967 Filed 11–22–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 635

[Docket No. 030604143–4309–02; I.D. 

030403C]

RIN 0648–AQ90

Atlantic Highly Migratory Species; 

Atlantic Swordfish Quotas

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Final rule.

SUMMARY: NMFS amends the regulations 

governing the North and South Atlantic 

swordfish fisheries to implement 

recommendations adopted at the 2002 

meeting of the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT). Specifically, 

NMFS: increases the North Atlantic 

swordfish quota to 3,877 metric tons 

(mt) whole weight (ww) in 2003 and to 

3,907 mt ww in 2004 and 2005; 

establishes a dead discard allowance of 

80 mt ww for 2003; transfers 25 mt ww 

of North Atlantic swordfish quota to 

Canada in 2003, 2004, and 2005; allows 

up to 200 mt ww of North Atlantic 

swordfish quota to be caught between 5 

degrees North latitude and 5 degrees 

South latitude; and establishes a South 

Atlantic swordfish quota of 100 mt ww 

in 2003, 2004, and 2005 and 120 mt ww 

in 2006. In addition, NMFS adjusts the 

2003 and 2004 directed and reserve 

quotas based on underharvests from the 

2002 and 2003 fishing years, 

respectively.

DATES: This final rule is effective 

December 23, 2004.

ADDRESSES: Copies of the 

Environmental Assessment/Regulatory 

Impact Review (EA/RIR) may be 

obtained from Christopher Rogers, 

Chief, Highly Migratory Species 

Management Division F/SF1, 1315 EastWest Highway, Silver Spring, MD 

20910. These documents are also 

available from the Highly Migratory 

Species Management Division website 

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

FOR FURTHER INFORMATION CONTACT:

Chris Rilling, by phone: 301–713–2347 

or by fax: 301–713–1917.

SUPPLEMENTARY INFORMATION: The 

United States Atlantic swordfish and 

tuna fisheries are managed under the 

Fishery Management Plan for Atlantic 

Tunas, Swordfish, and Sharks (HMS 

FMP). Implementing regulations at 50 

CFR part 635 are issued under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

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

1801 et seq. and the Atlantic Tunas 

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

et seq. Regulations issued under the 

authority of ATCA carry out the 

recommendations of ICCAT. The June 

20, 2003, proposed rule (68 FR 36967) 

contains the background information for 

the management measures in this final 

rule; the background information is not 

repeated in this final rule.

Comments and Responses

NMFS held three public hearings in 

July and August 2003 in Gloucester, 

MA; Madeira Beach, FL; and Silver 

Spring, MD. Comments were received 

from fishery participants and other 

members of the public regarding the 

proposed regulations. In addition, 

written comments were submitted to 

NMFS during the 45-day comment 

period. Written and oral comments are 

summarized below with NMFS’

responses.

North Atlantic Swordfish Quota

Comment 1: One commenter supports 

opportunities for U.S. fishermen to land 

more swordfish as long as it is done in 

a manner that does not compromise the 

full rebuilding of the population and 

long-term sustainability of the resource.

Response: NMFS agrees that ensuring 

sustainability and rebuilding the 

population are important aspects of 

providing long term opportunities for 

fishermen to harvest the resource. The 

selected alternatives are consistent with 

the objectives of the ICCAT rebuilding 

program, Magnuson-Stevens Act, ATCA, 

and the HMS FMP and will ensure the 

sustainability of the stock.

Comment 2: To facilitate harvest of 

the United States allocated quota, the 

United States should make a limited 

number of new handgear permits 

available for distribution.

Response: Making a limited number 

of new handgear permits available is 

one option for addressing the 

underharvest occurring in recent years. 

Since this would require a plan 

amendment, NMFS solicited comments 

regarding this and other options during 

the scoping process for Amendment 2 to 

the HMS FMP and may consider those 

options in Amendment 2 or other future 

rulemaking.

Comment 3: If the United States is 

unable to catch its quota, there will be 

efforts by other ICCAT countries to 

permanently reduce the U.S. quota 

share and allocate that quota to other 

fishing nations. This will have 

conservation ramifications given that 

U.S. fisheries are better managed than 

fisheries in other ICCAT nations.

Response: This rule implements 

recommendations agreed to at the 2002 

meeting of ICCAT. The North Atlantic 

swordfish quota levels are established 

through 2005. ICCAT will reevaluate the 

current quotas and recommend new 

ones at that time. NMFS will continue 

to evaluate the need for all current 

regulations with regard to the effect on 

harvest rates and will work with 

fishermen to preserve the U.S. quota 

share while ensuring consistency with 

the Magnuson-Stevens Act, the 

Endangered Species Act (ESA), and 

other domestic laws.

Comment 4: U.S. underharvests are 

primarily a result of the premature 

closures of the directed fishery in 1997 

and 1998 and the overly restrictive 

time/area closures currently in place. 

Scientific data shows swordfish 

recovering before implementation of the 

time/area closures. Because of current 

management, this once thriving 

domestic fishery has exhibited reduced 

effort and profitability.

Response: NMFS implemented the 

current time and area closures and other 

restrictions to reduce bycatch in the 

pelagic longline fishery. This bycatch 

included juvenile swordfish, billfish, 

sharks, and sea turtles. NMFS will 

evaluate the impact and effectiveness of 

the closures in Amendment 2 to the 

HMS FMP or other future rulemaking 

and will modify them if necessary to 

meet management objectives and 

legislative requirements.

Comment 5: One commenter opposed 

an increase in the North Atlantic 

swordfish quota. Even though the stock 

assessment indicates improvement, the 

stock is still overfished. Any increase in 

quota will slow down or reverse the 

improvement and lead to an increase in 

dead discards of juvenile swordfish, 

marlin, and sharks. Increasing the quota 

goes against NMFS’ stated goal of riskaverse management. The increase is 

hard to understand given the United 

States has not landed the quota since 

1995.

Response: At its 2002 meeting, ICCAT 

conducted a North Atlantic swordfish 

stock assessment and determined that 

the population had nearly recovered to 

a level that will support maximum 

sustainable yield and that an increase 

Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Rules and Regulations 68091

will still allow the stock to rebuild by 

2009, the established goal for rebuilding 

Atlantic swordfish. Based on this 

finding, ICCAT recommended an 

increase in swordfish quota and will 

hold another stock assessment in 2005 

to monitor its results. NMFS does not 

expect the increase in U.S. quota to 

result in an increase in dead discards. 

Further, based on current regulations 

and the level of effort in the U.S. 

fishery, it is unlikely that catch rates of 

target and bycatch species will increase.

Comment 6: The United States should 

force ICCAT to reduce the overall quota 

and refuse to accept increases in quota 

for overfished stocks.

Response: ICCAT is currently 

comprised of 38 contracting parties that 

cooperate to formulate management 

recommendations. The United States is 

not in a position to force ICCAT to 

adopt a particular quota because the 

organization works primarily by 

consensus. In this case, the stock 

assessment demonstrated that the 

swordfish population has nearly 

recovered to a level that will support 

maximum sustainable yield and that an 

increase in allowable harvest would not 

prevent rebuilding within the originally 

agreed timeframe. The North Atlantic 

swordfish quota was increased based on 

this scientific advice.

South Atlantic Swordfish Quota

Comment 7: One commenter asked 

NMFS to explain why the United States 

lost South Atlantic swordfish quota 

despite quota increases for other nations 

fishing in that area.

Response: The United States South 

Atlantic swordfish quota was reduced 

due to its lower catches in that area in 

recent years. However, up to 200 mt ww 

of swordfish landed between 5 degrees 

North and 5 degrees South latitude may 

be applied against the North Atlantic 

swordfish quota. Because most of the 

historical U.S. catch of South Atlantic 

swordfish has been harvested from that 

area, this should mitigate most impacts 

from the reduction of the South Atlantic 

swordfish quota.

Comment 8: One commenter opposed 

the proposed increase in South Atlantic 

quota to over 100 mt because it would 

increase pressure on a stock for which 

data are incomplete.

Response: The Standing Committee 

on Research and Statistics (SCRS) 

conducted a stock assessment of South 

Atlantic swordfish in 2002. Due to 

discrepancies between several of the 

data sets, reliable stock assessment 

results could not be produced. In 

general, the SCRS noted that the total 

catches have decreased since 1995, as 

recommended. As a result, ICCAT 

increased the total allowable catch 

(TAC) for South Atlantic swordfish from 

14,620 mt ww to 15,631 mt ww. The 

new ICCAT recommendation lowered 

the U.S. quota for South Atlantic 

swordfish from 384 mt ww in 2002 to 

100 mt ww in 2003–2005. ICCAT 

further recommended that up to 200 mt 

ww of swordfish landed between 5 

degrees North and 5 degrees South 

latitude be applied against the North 

Atlantic swordfish quota.

Quota Transfer

Comment 9: One commenter stated 

that the transfer of 25 mt ww of North 

Atlantic swordfish quota to Canada is an 

industry initiative to keep from losing 

part of the U.S. quota allocation if it is 

not likely to be harvested in the near 

future. Another commenter stated that 

the United States should keep control of 

this quota and not transfer it to Canada 

because any uncaught quota will help 

the stock rebuild faster and reduce 

bycatch.

Response: If the quota transfer to 

Canada did not transpire and there was 

a 25 mt ww underharvest, the remaining 

quota would be incorporated into the 

next year’s U.S. North Atlantic 

swordfish quota. While keeping the 25 

mt ww may help the stock rebuild in the 

short term (because neither the United 

States nor Canada would catch it), the 

quota would likely be harvested in the 

future. Transferring the quota to Canada 

may help maintain the U.S. allocation, 

but due to the current level of 

underharvests, more measures may be 

necessary to facilitate harvest of the full 

U.S. allocation.

Comment 10: Quota transfers and 

rulemaking concerning ICCAT 

recommendations should be conducted 

in a more timely manner. The start of 

the fishing year was changed to June 1 

to give NMFS the opportunity to 

propose and finalize any actions needed 

as a result of ICCAT recommendations. 

Untimely actions can negatively impact 

U.S. fishermen with respect to foreign 

competitors.

Response: NMFS attempts to conduct 

rulemaking in as timely a manner as 

possible. However, compliance with 

other applicable laws, such as the 

Endangered Species Act, may require 

the preparation of additional analyses 

and consultations, which can cause 

delays.

Dead Discard Allowance

Comment 11: Because the dead 

discard allowance is slated to be phased 

out in 2004, NMFS should develop a 

rule to eliminate the waste resulting 

from the strict implementation of the 

minimum size. U.S. pelagic longline 

vessels should not be required to 

discard undersized swordfish that 

cannot be returned to the sea alive and 

that are caught outside the closed areas. 

The minimum size should be enforced 

for other gear types within the closed 

areas.

Response: Currently, the minimum 

size restriction is a component of an 

ICCAT management recommendation. 

The U.S. adoption of the alternative 

minimum size with no tolerance is 

designed to reduce dead discards while 

still avoiding excess mortality of 

juvenile fish. Until ICCAT changes the 

minimum size, and NMFS implements 

the changes via a rulemaking process, 

NMFS will continue to enforce it for all 

gear types in all areas.

Comment 12: Commenters oppose the 

80 mt ww dead discard allowance over 

and above the increase in quota. Dead 

discards should be counted against the 

existing quota.

Response: Previously, ICCAT 

recommended that the dead discard 

allowance for North Atlantic swordfish 

be phased out by 2004. At that time, a 

dead discard target was not provided for 

the 2003 fishing year. ICCAT corrected 

this omission in the 2002 

recommendation and maintained the 

established schedule for the elimination 

of the dead discard allowance. Starting 

in 2004, dead discards will be counted 

against the applicable quotas for the 

harvesting nations.

North Atlantic Swordfish Quotas

The adjusted 2002 fishing year 

landings quota was 3,363.5 mt dressed 

weight (dw). Directed and incidental 

fishery landings of North Atlantic 

swordfish during the 2002 fishing year 

were reported to be 1747.2 mt dw, with 

a total underharvest of 1,616.3 mt dw. 

In addition to the landings quota, 

ICCAT allocated to the United States a 

2002 dead discard allowance of 120.3 

mt dw, of which an estimated 261.6 mt 

dw were discarded. The 141.3 mt dw 

excess dead discards are required to be 

deducted from quota available to be 

harvested in the subsequent fishing 

year. Thus, from the 2002 fishing year 

1,475.0 mt dw is available as carryover 

(1,616.3 - 141.3).

In addition, the dead discards from 

2001 were not accounted for at the 

beginning of the 2002 fishing year 

because the estimates were not available 

at that time. The total dead discard 

allowance in 2001 was 180.4 mt dw, 

and the United States discarded an 

estimated 306.8 mt dw. The 126.4 mt 

dw excess dead discards are required to 

be deducted from quota available to be 

harvested in the subsequent fishing 

year. However, due to the fact that the 

68092 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Rules and Regulations 

2002–2003 fishing years have been 

completed, it is necessary to deduct this 

amount from 2004.

The 2003 fishing year base landings 

quota established by ICCAT was 2,915 

mt dw, not adjusted for underharvests. 

NMFS is adjusting this quota by the 

carryover available from 2002 and the 

excess dead discards in 2001. Thus, the 

adjusted total landings quota for 2003 is 

4,263.6 mt dw (2,915 + 1,475 - 126.4).

Although the 2003 fishing year for 

North and South Atlantic swordfish 

ended on May 31, 2004, NMFS is 

including the ICCAT established quotas 

and landings for 2003 in this rule in 

order to provide a complete accounting 

of underharvests in 2003 which were 

used to establish the 2004 adjusted 

quotas. Thus, the directed and 

incidental fishery landings of North 

Atlantic swordfish during the 2003 

fishing year were reported to be 1,509 

mt dw. Under this rule, NMFS is also 

transferring 18.8 mt dw out of the 

reserve category to Canada. In 2003, 

2,735.8 mt dw of the available quota 

was not harvested (4,263.6 - 1,509 - 

18.8). In addition to the landings quota, 

ICCAT allocated to the United States a 

2003 dead discard allowance of 60.0 mt 

dw, of which an estimated 278 mt dw 

were discarded. The 218 mt dw excess 

dead discards are required to be 

deducted from quota available to be 

harvested in the subsequent fishing 

year. Therefore, a net total of 2,517.8 mt 

dw (2,735.8 - 218) of unharvested 

swordfish quota may be carried over to 

2004 from the 2003 fishing year.

For 2004, the fishing year base 

landings quota established by ICCAT is 

2,937.6 mt dw, not adjusted for 

underharvests. NMFS is adjusting this 

quota based on underharvest from 2003, 

and the excess discards from 2002. 

Thus, the new adjusted quota for 2004 

is 5,455.4 mt dw (2,937.6 + 2,517.8), of 

which 5,035.1 mt dw is for the directed 

category, 300 mt dw is for the incidental 

category, and 120.3 mt dw is for the 

reserve category. In addition, 18.8 mt 

dw of the reserve category quota will be 

transferred to Canada for the 2004 

fishing year.

South Atlantic Swordfish

Beginning June 1, 2003, through May 

31, 2005, the annual ICCAT established 

quota for the South Atlantic swordfish 

stock is 75.2 mt dw. Beginning June 1, 

2006, the annual directed fishery quota 

for the South Atlantic swordfish stock is 

90.2 mt dw. ICCAT recommended that 

the U.S. underharvest from 2000 be 

carried over to 2003. Underharvests 

from 2001 and 2002 were ineligible for 

carryover because individual country 

quota levels for those years were not 

agreed to by ICCAT, but established 

autonomously.

For 2000, the landings quota was set 

at 289 mt dw of which 93.8 mt dw were 

landed, leaving an underharvest of 

195.2 mt dw. This underharvest is 

added to the base 2003 fishing year 

quota for an adjusted 2003 fishing year 

quota of 270.4 mt dw (75.2 + 195.2). In 

2003, only 11.3 mt dw was harvested 

during the fishing year, leaving 259.1 mt 

dw available for carryover to the 

subsequent fishing year (270.4 - 11.3).

For 2004, the base fishing year 

landings quota established by ICCAT 

was 75.2 mt dw. NMFS is adjusting this 

base quota to account for the 

underharvest from 2003. Thus, the new 

adjusted quota for 2004 is 334.3 mt dw 

(75.2 + 259.1).

Changes from the Proposed Rule

The final rule contains no significant 

changes from the proposed rule 

published on June 20, 2003 (68 FR 

36967).

Classification

This final rule is published under the 

authority of the Magnuson-Stevens Act, 

16 U.S.C. 1801 et seq., and ATCA, 16 

U.S.C. 971 et seq. The Assistant 

Administrator (AA) for Fisheries, 

NOAA, has determined that the 

regulations contained in this rule are 

necessary to implement the 

recommendations of ICCAT and to 

manage the domestic Atlantic highly 

migratory species fisheries.

NMFS prepared an Environmental 

Assessment (EA) for this final rule, and 

the AA has concluded that there would 

be no significant impact on the human 

environment. The EA presents analyses 

of the anticipated impacts of these final 

actions and the alternatives considered. 

A copy of the EA, and other analytical 

documents prepared for this rule, are 

available from NMFS (see ADDRESSES).

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866.

Based on the management measures 

in several proposed rules, including the 

proposed rule for these regulations, a 

new Biological Opinion (BiOp) on the 

Atlantic pelagic longline (PLL) fishery 

was issued on June 1, 2004. The 2004 

BiOp found that the continued 

operation of the fishery was not likely 

to jeopardize the continued existence of 

loggerhead, green, hawksbill, Kemp’s 

ridley, or olive ridley sea turtles, but 

was likely to jeopardize the continued 

existence of leatherback sea turtles. The 

2004 BiOp identified Reasonable and 

Prudent Alternatives (RPAs) necessary 

to avoid jeopardizing leatherbacks, and 

listed the Reasonable and Prudent 

Measures (RPMs) and terms and 

conditions necessary to authorize 

continued take as part of the revised 

incidental take statement. On July 6, 

2004, NMFS published a final rule (69 

FR 40734) implementing additional sea 

turtle bycatch and bycatch mortality 

mitigation measures for all Atlantic 

vessels with PLL gear onboard. NMFS is 

implementing the other RPMs in 

compliance with the BiOp. On August 

12, 2004, NMFS published an Advance 

Notice of Proposed Rulemaking (69 FR 

49858) to request comments on 

potential regulatory changes to further 

reduce bycatch and bycatch mortality of 

sea turtles, as well as comments on the 

feasibility of framework mechanisms to 

address unanticipated increases in sea 

turtle interactions and mortalities, 

should they occur. NMFS will 

undertake additional rulemaking and 

non-regulatory actions, as required, to 

implement any management measures 

that are required under the 2004 BiOp. 

The majority of the measures that will 

be implemented by this current rule are 

not expected to have adverse impacts. 

The annual swordfish quota is being 

increased to 3,877 mt ww from 2,951 mt 

ww which, if effort increases, could 

potentially increase the number of 

protected species interactions. However, 

since 2000, U.S. fishermen have not 

caught either the North or South 

Atlantic swordfish quotas. For example, 

in 2003, there was a 1,348.6 mt dw 

underharvest of North Atlantic 

swordfish and a 195.2 mt dw 

underharvest of South Atlantic 

swordfish. Based on existing 

regulations, including time/area 

closures, minimum size, and permit 

restrictions, NMFS feels it is unlikely 

that there will be an increase in effort 

in the fishery. Thus, interactions with 

sea turtles should remain stable. 

Accordingly, no irreversible or 

irretrievable commitments of resources 

are expected from this action as the 

measures to be implemented by this 

final rule are not expected to adversely 

affect endangered species.

In examining the potential impact of 

these regulations, NMFS has determined 

that the only measure that could 

adversely affect stocks of protected 

species is the increase in the base North 

Atlantic swordfish quota from 2,951 mt 

ww to 3,877 mt ww and then to 3,907 

mt ww in the upcoming fishing years. 

The increase in available quota could 

trigger an increase in fishing effort 

which could then increase the 

incidental catch of protected species. 

However, an increase in the incidental 

take of protected species by the PLL 

fleet due to an increase in effort is 

Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Rules and Regulations 68093

unlikely. For the past several years, the 

level of effort in the PLL fishery has 

been steadily declining and a number of 

restrictions such as limited access and 

time/area closures have been placed on 

the PLL fleet. This declining effort has 

led to underharvests of 1,025.4 mt dw 

in the 2001 fishing year (68 FR 14167 

March 24, 2003, correction 68 FR 16216, 

April 3, 2003), 1,475 mt dw in 2002, and 

2,517.8 mt dw in 2003 (the latter two 

estimates include dead discard 

overharvests from 2002 and 2003).

In addition, NMFS has implemented 

regulations requiring PLL vessels to use 

only 18/0 hooks with whole mackerel 

and/or squid in the Northeast Distant 

(NED) Statistical Reporting Area, and 

16/0 hooks and/or 18/0 hooks 

everywhere outside the NED using 

whole finfish or squid, and to possess 

and use sea turtle release equipment 

with specified sea turtle handling and 

release protocols. Handling and release 

guidelines are also required to be posted 

in the wheelhouse. Because this final 

rule does not relieve any of these 

restrictions, the level of effort in the 

fleet is unlikely to increase despite the 

change in quota level. Thus, the current 

level of incidental takes of protected 

species will remain at current levels or 

will decrease.

NMFS determined that this rule will 

be implemented in a manner that is 

consistent to the maximum extent 

practicable with the enforceable policies 

of the approved coastal zone 

management programs of coastal states 

in the Atlantic, Gulf of Mexico, and 

Caribbean. All of the states that replied 

to the letter regarding compliance of the 

proposed rule with the Coastal Zone 

Management Act found NMFS’

proposed actions to be consistent with 

their coastal zone management 

programs. NMFS presumes that the 

states that did not respond also concur.

At the proposed rule stage, NMFS 

conducted an Initial Regulatory 

Flexibility Analysis (IRFA) as required 

by the Regulatory Flexibility Act (RFA). 

NMFS received no comments regarding 

the potential economic impact of the 

proposed rule or on the IRFA. In 

preparing this final rule, NMFS has 

conducted a final EA and a final 

regulatory impact review that examines 

the impacts of the selected alternatives, 

discussed previously in this rulemaking. 

These analyses indicate that this rule 

would have negligible economic 

impacts on small entities. Therefore, in 

compliance with the RFA, the Chief 

Counsel for Regulation of the 

Department of Commerce has certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

final rule will not have a significant 

economic impact on a substantial 

number of small entities. The factual 

basis for this certification is stated 

below.

As required by ATCA, this rule 

implements the recommendations of the 

2002 meeting of the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT) regarding 

swordfish. The final rule adjusts the 

quota for North and South Atlantic 

swordfish, establishes the 2003 dead 

discard allowance, transfers 25 mt ww 

of North Atlantic swordfish quota to 

Canada, and allows up to 200 mt ww of 

swordfish caught in the area between 5 

degrees North and 5 degrees South to be 

applied to the North Atlantic swordfish 

quota. These actions are necessary to 

ensure continued progress toward the 

conservation goals of ICCAT, the 

Magnuson-Stevens Act, ATCA, and the 

FMP for all tunas, swordfish, and 

sharks.

There are currently 397 commercial 

permit holders of which fewer than 200 

have reported swordfish landings; most 

commercial permit holders use pelagic 

longline gear. There are also 

approximately 20,000 permit holders 

who could land swordfish recreationally 

(i.e., not for profit). Other sectors of 

highly migratory species fisheries such 

as dealers, processors, bait houses, and 

gear manufacturers might be affected by 

the final regulations, however, the final 

rule does not apply directly to them.

The overall result of the final rule 

would be to increase the 2004 North 

Atlantic swordfish quota by 

approximately 2,500 mt dw and the 

2004 South Atlantic swordfish quota by 

259.1 mt dw. These increases could 

potentially result in revenue increases, 

however, U.S. fishermen have not met 

either the North or South Atlantic 

swordfish quotas since 2000. For 

example, in 2003, there was a 1,348.6 

mt dw underharvest of North Atlantic 

swordfish and a 195.2 mt dw 

underharvest of South Atlantic 

swordfish. The net impact of the of the 

final actions results in a quota level that 

is greater than current catches. Thus, 

NMFS does not believe that the net 

benefits and costs will change 

significantly as a result of the 

implementation of the selected 

alternatives compared to the baseline of 

no action.

Criteria used to evaluate potential 

impacts include analysis of gross 

revenues in recent years from pelagic 

longline logbook data. In future fishing 

years, the present value of gross and net 

revenues for the swordfish fishery at the 

ex-vessel level could be increased, but 

that would depend on the extent to 

which fishermen can expand their effort 

to catch the quota. For example, 

increasing the North Atlantic swordfish 

quotas could increase ex-vessel grows 

revenues by $4.9 million if the entire 

quota is caught. Currently, based on 

existing regulations, including time/area 

closures, minimum size, and permit 

restrictions, NMFS feels it is unlikely 

that there will be an increase in effort 

in the fishery. Thus, the economic 

impacts of the rule should be negligible. 

If effort is increased, U.S. fishermen 

would likely experience positive 

benefits as a result of this final rule. As 

a result, a FRFA was not prepared.

List of Subjects in 50 CFR Part 635

Fisheries, Fishing, Fishing vessels, 

Foreign relations, Imports, Penalties, 

Reporting and recordkeeping 

requirements, Treaties.

Dated: November 17, 2004.

Rebecca J. Lent, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service.

■ For the reasons set out in the preamble, 

50 CFR part 635 is amended as follows:

PART 635—ATLANTIC HIGHLY 

MIGRATORY SPECIES

■ 1. The authority citation for part 635 

continues to read as follows:

Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 

1801 et seq.

■ 2. In § 635.27, paragraph (c)(1) is 

revised to read as follows:

§ 635.27 Quotas.

* * * * *

(c) Swordfish—(1) Categories.

Consistent with ICCAT 

recommendations, the fishing year’s 

total amount of swordfish that may be 

caught, retained, possessed, or landed 

by persons and vessels subject to U.S. 

jurisdiction is divided into quotas for 

the North Atlantic swordfish stock and 

the South Atlantic swordfish stock. The 

quota for the North Atlantic swordfish 

stock is further divided into equal semiannual directed fishery quotas, an 

annual incidental catch quota for 

fishermen targeting other species or 

taking swordfish recreationally, and a 

reserve category.

(i) North Atlantic swordfish. (A) A 

swordfish from the North Atlantic 

swordfish stock caught prior to the 

directed fishery closure by a vessel for 

which a directed fishery permit, or a 

handgear permit for swordfish, has been 

issued is counted against the directed 

fishery quota. The annual fishery quota, 

not adjusted for over- or underharvests, 

is 2,937.6 mt dw for 2004 and 2,937.6 

mt dw for 2005. In 2004 and 2005, the 

68094 Federal Register / Vol. 69, No. 225 / Tuesday, November 23, 2004 / Rules and Regulations 

annual quota is subdivided into two 

equal semiannual quotas of 1,468.8 mt 

dw: one for June 1 through November 

30, and the other for December 1 

through May 31 of the following year.

(B) A swordfish from the North 

Atlantic swordfish stock landed by a 

vessel for which an incidental catch 

permit for swordfish or an HMS Angling 

or Charter/Headboat permit has been 

issued, or caught after the effective date 

of a closure of the directed fishery from 

a vessel for which a directed fishery 

permit or a handgear permit for 

swordfish has been issued, is counted 

against the incidental catch quota.

(C) A dead discard allowance of 60.2 

mt dw is established for North Atlantic 

swordfish in 2003, but the allowance is 

reduced to zero in 2004 and beyond. All 

swordfish discarded dead from U.S. 

fishing vessels in 2004 and beyond, 

regardless of whether such vessels are 

permitted under this part, shall be 

counted against the annual directed 

fishing quota.

(D) A portion of the total allowable 

catch of North Atlantic swordfish shall 

be held in reserve for inseason 

adjustments to fishing categories, to 

compensate for projected or actual 

overharvest in any category, for fishery 

independent research, or for other 

purposes consistent with management 

objectives.

(E) In the event of an overharvest of 

South Atlantic swordfish, up to 150.4 

mt dw of swordfish landed between 5 

degrees North and 5 degrees South 

latitude may be applied against the 

North Atlantic swordfish quota. 

Otherwise, swordfish landed from this 

area shall be applied against the South 

Atlantic swordfish quota. For example, 

if the South Atlantic swordfish quota 

were 100 mt dw, and 50 mt dw were 

landed between 5 degrees North and 5 

degrees South latitude, and 75 mt dw 

were caught south of 5 degrees South 

latitude, then 25 mt dw of the swordfish 

caught between 5 degrees North and 5 

degrees South latitude would be applied 

against the North Atlantic swordfish 

quota. If only 25 mt dw of swordfish 

were caught between 5 degrees North 

and 5 degrees South latitude, and 150 

mt dw of swordfish were caught south 

of 5 degrees South latitude, 25 mt dw 

would be applied against the North 

Atlantic swordfish quota. The remaining 

50 mt dw overharvest would be counted 

against the following year’s South 

Atlantic swordfish quota.

(ii) South Atlantic swordfish. From 

June 1, 2003, to May 31, 2006, the 

annual directed fishery quota for the 

South Atlantic swordfish stock is 75.2 

mt dw. Beginning June 1, 2006, the 

annual directed fishery quota for the 

South Atlantic swordfish stock is 90.2 

mt dw. The entire quota for the South 

Atlantic swordfish stock is reserved for 

vessels with pelagic longline gear 

onboard and for which a directed 

fishery permit for swordfish has been 

issued; retention of swordfish caught 

incidental to other fishing activities or 

with other fishing gear is prohibited in 

the Atlantic Ocean south of 5 degrees 

North latitude.

* * * * *

[FR Doc. 04–25958 Filed 11–18–04; 3:44 pm]

BILLING CODE 3510–22–S

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 635

[I.D. 111804A]

Atlantic Highly Migratory Species; 

Bluefin Tuna Fisheries

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Closure.

SUMMARY: NMFS has determined that 

the Atlantic bluefin tuna (BFT) General 

category and Angling category fisheries 

will close in all areas. This action is 

being taken to ensure that U.S. BFT 

harvest is consistent with 

recommendations of the International 

Commission for the Conservation of 

Atlantic Tunas (ICCAT), pursuant to the 

Atlantic Tunas Convention Act (ATCA), 

to meet domestic management 

objectives under the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) and the 

Fishery Management Plan for Atlantic 

Tunas, Swordfish and Sharks (HMS 

FMP), and to prevent overharvest of the 

2002 ICCAT recommended quota.

DATES: Effective 11:30 p.m., local time 

November 19, 2004, through 11:30 p.m., 

local time May 31, 2005.

FOR FURTHER INFORMATION CONTACT:

Highly Migratory Species (HMS) 

Management Division at 978–281–9260.

SUPPLEMENTARY INFORMATION:

Regulations implemented under the 

authority of the ATCA (16 U.S.C. 971 et 

seq.) and the Magnuson-Stevens Act (16 

U.S.C. 1801 et seq.) governing the 

harvest of BFT by persons and vessels 

subject to U.S. jurisdiction are found at 

50 CFR part 635. Section 635.27 

subdivides the U.S. BFT quota 

recommended by ICCAT among the 

various domestic fishing categories, and 

together with General category effort 

controls are specified annually under 50 

CFR 635.23(a) and 635.27(a). The 

proposed initial 2004 BFT Quota and 

General category effort controls will be 

published in the Federal Register in the 

near future.

General and Angling Category Closure

Based on anticipated quotas and 

concern over potential overharvest, the 

most recent General category and 

Angling category BFT landing estimates, 

previous fishing years landing 

estimates, availability of BFT on the 

fishing grounds, physical oceanographic 

conditions, and social and economic 

aspects of these two fishing categories, 

NMFS has determined that a closure in 

both the General and Angling quota 

categories is warranted at this time. 

Therefore, fishing for, retaining, 

possessing, or landing BFT by persons 

aboard vessels permitted in the Atlantic 

tunas General, HMS Angling, and HMS 

Charter/Headboat categories, must cease 

at 11:30 p.m. local time November 19, 

2004, in all areas. The intent of these 

closures is to ensure that the overall 

U.S. BFT harvest is consistent with 

ICCAT recommendations.

When more precise quota and 

landings estimates are available these 

fisheries may be reopened to provide 

Angling, General and Charter/Headboat 

category fishermen fishing opportunities 

off south Atlantic states during the 

December/January time frame when 

BFT are expected to be available as in 

recent prior years. NMFS will announce 

any re-openings and/or quota transfers 

in separate Federal Register notices. 

Atlantic tunas General, HMS Angling, 

and HMS Charter/Headboat category 

permit holders may tag and release BFT 

of all sizes while the General and 

Angling quota categories are closed, 

subject to the requirements of the tagand-release program at § 635.26.

NMFS is required, under 

§ 635.28(a)(1), to file with the Office of 

the Federal Register for publication, 

notification of closure when a BFT 

quota is reached, or is projected to be 

reached. On and after the effective date 

and time of such closure notification, 

for the remainder of the fishing year, or 

for a specified period as indicated in the 

notification, fishing for, retaining, 

possessing, or landing BFT under that 

quota category is prohibited until the 

opening of the subsequent quota period, 

or until such date as specified in the 

notification.

Classification

The Assistant Administrator for 

Fisheries, NOAA (AA), finds that it is 

impracticable and contrary to the public