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[Federal Register Volume 65, Number 101 (Wednesday, May 24, 2000)]
[Proposed Rules]
[Pages 33519-33521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13058]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 000511133-0133-01; I.D. 120999B]
RIN 0648-AN52

Atlantic Highly Migratory Species; Atlantic Swordfish Quotas; 
Northern Albacore Tuna Rebuilding

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; public hearings; request for comments.

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SUMMARY: NMFS proposes to amend regulations governing the Atlantic 
swordfish fishery to reduce the annual landings quota for the north 
Atlantic swordfish stock to 2,219 metric tons (mt) dressed weight (dw) 
for each of the next three fishing years (2000, 2001, 2002), with 300 
mt dw allocated for incidental catch and the remainder allocated 
equally to each of the two semi-annual directed fishery seasons (June 1 
through November 30 and December 1 through May 31). NMFS also proposes 
to establish an allowance for dead discards of 320 mt whole weight (ww) 
in 2000, 240 mt ww in 2001, and 160 mt ww in 2002. Finally, NMFS 
requests comments on alternatives to rebuild the stock of northern 
albacore tuna.
    The intent of these actions is to improve conservation and 
management of the Atlantic swordfish and northern albacore tuna 
resources, while allowing harvests consistent with recommendations of 
the International Commission for the Conservation of Atlantic Tunas 
(ICCAT).

DATES: NMFS will hold public hearings in June, 2000 to receive comments 
from fishery participants and other members of the public regarding 
these proposed regulations. See SUPPLEMENTARY INFORMATION for hearing 
dates and times. For individuals unable to attend a hearing, NMFS also 
solicits written comments on the proposed rule. To be considered in 
developing the final rule, written comments on the proposed rule must 
be received at the appropriate address or fax number (see ADDRESSES) by 
5 p.m. on July 18, 2000.

ADDRESSES: See SUPPLEMENTARY INFORMATION for meeting and hearing 
locations. Comments on the proposed rule and copies of the Draft 
Environmental Assessment/Regulatory Impact Review/Initial Regulatory 
Flexibility Analysis (EA/RIR/IRFA) supporting this action may be 
obtained from Rebecca Lent, Highly Migratory Species Division, Office 
of Sustainable Fisheries, NMFS, 1315 East-West Highway, Silver Spring, 
MD 20910. These documents may be viewed on the NMFS website at 
www.nmfs.gov/sfa/hmspg.html. Comments also may be sent via facsimile 
(fax) to 301-713-1917. Comments will not be accepted if submitted via 
e-mail or on the Internet.

FOR FURTHER INFORMATION CONTACT: Rachel Husted, 301-713-2347; fax: 301-
713-1917 or by email at [email protected]. The NMFS website is 
www.nmfs/gov/sfa/hmspg.html.

SUPPLEMENTARY INFORMATION: The U.S. Atlantic swordfish fishery is 
managed under the Fishery Management Plan for Atlantic Tunas, 
Swordfish, and Sharks (FMP) and regulations at 50 CFR part 635 under 
the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act; codified at 16 U.S.C. 1801 et 
seq.) and the Atlantic Tunas Convention Act (ATCA; codified at 16 
U.S.C. 971 et seq.). Regulations issued under the authority of ATCA 
carry out the recommendations of ICCAT.

Swordfish Rebuilding Program

    The total weight of the north Atlantic swordfish stock at the 
beginning of 1999, according to the 1999 ICCAT stock assessment, was 
estimated to be at 65 percent of that needed to produce maximum 
sustainable yield (MSY). The biomass at MSY is the target stock size of 
the rebuilding program for north Atlantic swordfish. The 1998 fishing 
mortality rate was estimated to be 1.34 times FMSY. Because 
NMFS is committed to rebuilding north Atlantic swordfish, consistent 
with the recent ICCAT program, reductions in quotas are required in the 
immediate future to rebuild the stock to levels that would support MSY.
    North Atlantic swordfish landings for all nations combined for 1998 
were estimated to be 12,175 mt ww. At the November 1999 ICCAT meeting, 
a recommendation was adopted to establish a rebuilding program for 
north Atlantic swordfish and to reduce the total allowable catch for 
all countries fishing on that stock to 10,600 mt ww (7,970 mt dw) for 
2000, 10,500 mt ww (7,895 mt dw) for 2001, and 10,400 mt ww (7,820 mt 
dw) for 2002. Although the ICCAT recommendation specifies the quota in 
whole weight, this document refers to the quota in dressed

[[Page 33520]]

weight (dw = 0.7519 ww) for the purposes of monitoring U.S. harvests, 
as swordfish are processed at sea and landed in dressed form (head, 
fins, viscera and tails removed). This proposed rule implements the 
ICCAT recommendations for rebuilding north Atlantic swordfish.
    Under the ICCAT recommendation, the United States is allocated 29 
percent of the North Atlantic swordfish landings quota for major 
harvesting nations (total allowable catch minus the total dead discard 
allowance) in 2000, 2001, and 2002. This amounts to 2951 mt ww for each 
year and represents a 5-percent decrease from the U.S. landings quota 
recommended by ICCAT for 1998. Under the proposed rule, and consistent 
with the FMP, each year, the quota would be divided between a directed 
fishery quota and an incidental quota (1919 mt dw directed, 300 mt dw 
incidental). Consistent with the FMP, the directed fishery quota of 
1919 mt dw would be divided into two semi-annual quotas: June 1-
November 30 and December 1-May 31 (959.5 mt dw for each season). The 
incidental quota is needed to allow for incidental landings, at levels 
stated in 50 CFR 635.27, during possible directed fishery closures and 
for swordfish taken incidental to other fisheries such as the highly 
migratory species recreational fishery or the pelagic longline fishery 
for tunas (by incidental swordfish permit holders).
    In addition to the landings quota, ICCAT allocated to the United 
States 80 percent of the dead discard allowance (i.e., the U.S. share 
is 320 mt ww in 2000, 240 mt ww in 2001, and 160 mt ww in 2002). The 
dead discard allowance would be phased out by 2004. The United States 
would deduct any amount over its dead discard allowance from the U.S. 
landings quota in the following year. If the United States discards 
less than its share of the dead discard allowance, the remainder would 
be added to the total quota available for all fishing nations in 
subsequent years, and would be reallocated by ICCAT.
    In 1998, the United States reported discarding 433 mt ww of dead 
swordfish in the North Atlantic Ocean. Assuming dead discards occur in 
proportion to landings, dead discards in 2000 might decrease to 411 mt 
ww commensurate with the decrease in landings quota (i.e., 5 percent 
less than 433 mt reported for 1998). This would result in an expected 
overharvest of the 2000 dead discard allowance by 91 mt ww. If discard 
rates remain proportional to the adjusted quota in 2001 and 2002, the 
dead discard allowance would be exceeded by 158 and 230 mt ww, 
respectively. These overages would require further reductions in the 
landings quotas and, combined with the initial quota reduction 
recommended by ICCAT (5 percent), might result in an actual decrease in 
landings of up to 10 percent by 2002 if the rate of discarding is not 
reduced (refer to the EA/RIR/IRFA for more details). However, NMFS has 
published a proposed rule that is designed to reduce dead discards, 
which should minimize the effects of the phase-out of the dead discard 
allowance.
    The proposed regulatory changes in this rule would further ICCAT's 
international management objectives for the Atlantic swordfish fishery. 
NMFS has evaluated the proposed annual quota and the dead discard 
allowance in accordance with the procedures and factors specified in 50 
CFR 635.27(c)(3), and has determined that the proposed measures are 
consistent with the latest stock assessment and recommendations of 
ICCAT.

Northern Albacore Rebuilding

    In the October 1999 Report to Congress on the Status of U.S. 
Fisheries, NMFS identified the northern albacore tuna stock as 
overfished. Alternatives for developing a rebuilding plan for northern 
albacore are discussed in the EA/RIR/IRFA prepared for this proposed 
rule. The alternatives considered included no action, a ten-year 
international rebuilding program negotiated through ICCAT, and a 
unilateral U.S. action plan. NMFS requests comment on the albacore 
rebuilding alternatives.

Other ICCAT Issues

    ICCAT adopted a number of other recommendations and resolutions at 
the 1999 meeting that will not require rulemaking but will require 
management action on the part of NMFS. These include a recommendation 
reiterating the limitation on fishing capacity of commercial vessels 
fishing for northern albacore, and a recommendation calling for the 
United States to endeavor to limit its total catch of southern albacore 
to no more than 4 percent by weight of its total catch of south 
Atlantic swordfish. Several other recommendations include provisions 
that request Contracting Parties to provide catch data or information 
related to vessel registration. ICCAT also adopted a non-binding 
resolution encouraging all parties to participate actively in efforts 
to combat illegal, unregulated and unreported fishing. NMFS intends to 
implement these measures through actions outside of the regulatory 
process and to provide ICCAT with all possible information that has 
been requested by the Commission.

Summary

    NMFS proposes to implement ICCAT's 1999 recommendation of a North 
Atlantic swordfish U.S. quota of 2,219 mt dw for each year 2000, 2001, 
and 2002. The U.S. landings quota will remain constant for 2000, 2001, 
and 2002, but it is subject to adjustment between years (consistent 
with ICCAT recommendations) if the directed or incidental quota, or the 
dead discard allowance are exceeded or are not reached.
    Consistent with the FMP, the directed fishery quota of 1919 mt dw 
would be divided into two semi-annual quotas: June 1--November 30 and 
December 1-May 31 (959.5 mt dw for each season). Following a closure of 
the directed longline fishery, any overharvest or underharvest would be 
added to, or subtracted from, the incidental quota of 300 mt dw for 
that year. Any cumulative overharvest/underharvest that occurs during 
any year would then be subtracted from/added to the following year's 
quota, consistent with the ICCAT recommendations.
    A dead discard allowance would be established. Any discards in 
excess of the dead discard allowance would be subtracted from the 
directed quota for the following year.

Public Hearings

    NMFS will hold public hearings in June 2000 to receive comments 
from fishery participants and other members of the public regarding 
these proposed amendments at the following times and locations:
    Monday, June 5, 2000--Houma, LA, 7-9:30 p.m.
    Holiday Inn Holidome, Houma, LA.
    Tuesday, June 6, 2000--Fairhaven, MA, 7-9:30 p.m.
    The Seaport Inn, 110 Middle Street, Fairhaven, MA 02719.
    Thursday, June 8, 2000--Pompano, FL, 7-9:30 p.m.
    Pompano Beach Civic Center, 1801 NE 6th Street, Pompano 
Beach, FL 33060.
    Thursday, June 22, 2000--Panama City, FL, 7-9:30 p.m.
    National Marine Fisheries Service, Panama City Laboratory, 3500 
Delwood Beach Road, Panama City, FL 32408.
    Thursday, June 22, 2000--Barnegat Light, NJ, 7-9:30 p.m. Barnegat 
Light Firehouse, Barnegat, NJ 08006.

Special Accommodations

    These hearings will be physically accessible to people with 
disabilities.

[[Page 33521]]

Requests for sign language interpretation or other auxiliary aids 
should be directed to Rachel Husted at (301) 713-2347 at least 5 days 
prior to the hearing date.

Classification

    This proposed rule is published under the authority of the 
Magnuson-Stevens Act and ATCA. The Assistant Administrator for 
Fisheries, NOAA (AA) has preliminarily determined that the regulations 
contained in this rule are necessary to implement the recommendations 
of ICCAT and to manage the domestic Atlantic highly migratory species 
fisheries.
    NMFS has prepared an IRFA for this proposed rule. A summary of the 
IRFA follows (see ADDRESSES for a copy of the IRFA):
    The IRFA assumes that the population of small entities that would 
be affected by the rule are those fishermen issued limited access 
permits for swordfish. As of December 31, 1999, there were 450 directed 
and incidental swordfish permit holders and 118 swordfish handgear 
permit holders. The proposed quota reductions and implementation of the 
dead discard allowance would, in the short term, reduce ex-vessel 
swordfish revenues for a substantial portion of the swordfish fleet.
    Assuming the lower quotas would result in equal reductions in 
swordfish catch for all vessels, the majority of the fleet would 
experience declines in revenue of between 1 and 4 percent by 2001. By 
2002, about 78 percent of vessels would experience declines in gross 
revenues of between 1 and 4 percent, and about 30 percent of the fleet 
would experience revenue decreases of 5 percent or more. Several more 
vessels would be affected, and to a greater degree, if dead discards 
exceed the allowance, thereby making further reductions to the landings 
quota necessary. However, even without compensatory actions by vessel 
operators (e.g., increased yellowfin tuna fishing), no vessels are 
expected to experience revenue declines of 10 percent or more. To the 
extent that swordfish dead discards can be reduced and vessels can 
switch to tuna fishing, the projected revenue declines may be 
overestimated. Additionally, a current decrease in swordfish mortality 
is expected to contribute to stock rebuilding within a 10-year time 
frame. Thus, negative short-term impacts would yield revenue gains in 
the long run.
    No mitigating measures specific to small businesses are considered 
feasible. Not implementing the quota reductions and the dead discard 
allowance at this time would maintain current catch levels only in the 
short term. Eventually, further decline in swordfish abundance would 
increase fishing costs (lower catch per unit effort/increased discards) 
and decrease revenues (lower total swordfish catch); thus, greater 
economic impacts would likely result from maintaining the status quo.
    The other alternatives considered include only the status quo for 
the landings quota and not accounting for dead discards. No other 
alternatives were considered, because NMFS is required under ATCA to 
implement ICCAT recommendations upon acceptance by the United States. 
Although the status quo might have lesser short-term economic impacts 
on participants in the swordfish fishery, those alternatives do not 
support the rebuilding plan established by the FMP for Atlantic Tunas, 
Swordfish, and Sharks. The IRFA provides further discussion of the 
economic effects of the alternatives considered.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The proposed action would not impose any additional reporting or 
recordkeeping requirements subject to OMB approval under the Paperwork 
Reduction Act.
    On November 19, 1999, NMFS reinitiated formal consultation for all 
HMS commercial fisheries under section 7 of the Endangered Species Act. 
A new Biological Opinion (BO) will be issued in May 2000. The existing 
BO, dated May 29, 1999 concludes that continued operation of the 
longline component of the swordfish fishery may adversely affect, but 
is not likely to jeopardize, the continued existence of any endangered 
or threatened species under NMFS jurisdiction. A reduced landings quota 
could result in decreased fishing effort targeting swordfish, primarily 
by pelagic longline vessels. Depending on where and how that displaced 
effort shifts to other fisheries, interactions with protected species 
may be reduced. No irretrievable commitments of resources are expected 
from the proposed action.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Treaties.

    Dated: May 18, 2000.
Penelope D. Dalton,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set out in the preamble, 50 CFR part 635 is 
proposed to be amended as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

    1. The authority citation for part 635 continues to read as 
follows:

    Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
    2. In Sec. 635.27, paragraphs (c)(1)(i)(A) and (c)(3)(i) are 
revised, and paragraphs (c)(1)(i)(C) and (c)(3)(iii) are added to read 
as follows:

Sec. 635.27  Quotas.

* * * * *
    (c) Swordfish. (1) * * *
    (i) North Atlantic swordfish stock. (A) The directed fishery quota 
for the North Atlantic swordfish stock is 1919 mt dw for each fishing 
year beginning June 1, 2000. The annual directed fishery quota is 
subdivided into two equal semiannual quotas of 959.5 mt dw, one for 
June 1 through November 30, and the other for December 1 through May 31 
of the following year.
* * * * *
    (C) The dead discard allowance for the north Atlantic swordfish 
stock is: 320 mt ww for the fishing year beginning June 1, 2000; 240 mt 
ww for the fishing year beginning June 1, 2001; and 160 mt ww for the 
fishing year beginning May 1, 2001. All swordfish discarded dead, 
regardless of whether discarded from vessels permitted under this part, 
shall be counted against the allowance.
* * * * *
    (3) Annual adjustments. (i) Except for the carryover provisions of 
paragraphs (c)(3)(ii) and (iii) of this section, NMFS will file with 
the Office of the Federal Register for publication notification of any 
adjustment to the annual quota necessary to meet the objectives of the 
Fishery Management Plan for Atlantic Tunas, Swordfish and Sharks. NMFS 
will provide at least 30 days opportunity for public comment.
* * * * *
    (iii) The dressed weight equivalent of the amount of dead discards 
exceeding the allowance specified at paragraph (c)(1)(i)(C) of this 
section shall be subtracted from the landings quota in the following 
fishing year. NMFS will file with the Office of the Federal Register 
for publication notification of any adjustment made under this 
paragraph.
[FR Doc. 00-13058 Filed 5-19-00; 4:21 pm]
BILLING CODE 3510-22-F
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