Federal Register / Vol. 65, No. 101 / Wednesday, May 24, 2000 / Proposed Rules 33519

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 will be issued

in June 2000. In the interim, no

irretrievable commitments of resources

are expected from this proposed action.

List of Subjects in 50 CFR Part 635

Fisheries, Fishing, Imports, 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. Section 635.45 is revised to read as

follows:

§ 635.45 Products denied entry.

(a) All shipments of BFT or BFT

products, or swordfish or swordfish

products, in any form, harvested by a

vessel under the jurisdiction of Belize or

Honduras will be denied entry into the

United States.

(b) All shipments of BFT or BFT

products, in any form, harvested by a

vessel under the jurisdiction of

Equatorial Guinea will be denied entry

into the United States.

3. The heading of § 635.46 is revised

to read as follows:

§ 635.46 Import requirements for

swordfish.

* * * * *

[FR Doc. 00–13057 Filed 5–19–00; 4:21 pm]

BILLING CODE 3510–22–F

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.

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

rachel.husted@noaa.gov. 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

33520 Federal Register / Vol. 65, No. 101 / Wednesday, May 24, 2000 / Proposed Rules

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 tenyear 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.

Federal Register / Vol. 65, No. 101 / Wednesday, May 24, 2000 / Proposed Rules 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 § 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:

§ 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