Federal Register / Vol. 65, No. 101 / Wednesday, May 24, 2000 / Proposed Rules 33517

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.; and 16

U.S.C. 1801 et seq.

2. In § 635.23, paragraphs (a)(2) and

(a)(4) are revised to read as follows:

§ 635.23 Retention limits for BFT.

* * * * *

(a) * * *

(2) On an RFD, no person aboard a

vessel that has been issued a General

category Atlantic Tunas permit may fish

for, possess, retain, land, or sell a BFT

of any size class, and tag-and-release

fishing for BFT under § 635.26 is not

authorized from such vessel. On days

other than RFDs, and when the General

category is open, one large medium or

giant BFT may be caught and landed

from such vessel per day. NMFS will

annually publish a schedule of RFDs in

the Federal Register.

* * * * *

(4) To provide for maximum

utilization of the quota for BFT, NMFS

may increase or decrease the daily

retention limit of large medium and

giant BFT over a range from zero (on

RFDs) to a maximum of three per vessel.

Such increase or decrease will be based

on a review of dealer reports, daily

landing trends, availability of the

species on the fishing grounds, and any

other relevant factors. NMFS will adjust

the daily retention limit specified in

paragraph (a)(2) of this section by filing

with the Office of the Federal Register

for publication notification of the

adjustment. Such adjustment will not be

effective until at least 3 calendar days

after notification is filed with the Office

of the Federal Register for publication,

except that previously designated RFDs

may be waived effective upon closure of

the General category fishery so that

persons aboard vessels permitted in the

General category may conduct tag-andrelease fishing for BFT under § 635.26.

* * * * *

3. In § 635.26, paragraph (a)(1) is

revised to read as follows:

§ 635.26 Catch and release.

(a) BFT. (1) Notwithstanding the other

provisions of this part, a person aboard

a vessel issued a permit under this part,

other than a person aboard a vessel

permitted in the General category on a

designated restricted fishing day, may

fish with rod and reel or handline gear

for BFT under a tag and release

program, provided the person tags all

BFT so caught, regardless of whether

previously tagged, with conventional

tags issued or approved by NMFS,

returns such fish to the sea immediately

after tagging with a minimum of injury,

and reports the tagging and, if the BFT

was previously tagged, the information

on the previous tag. If NMFS-issued or

NMFS-approved conventional tags are

not on board a vessel, all persons aboard

that vessel are ineligible to fish under

the tag-and-release program.

* * * * *

4. In § 635.27, paragraph (a)(1)(i)(C),

the second sentence of (a)(4)(i), the

second sentence of (a)(4)(ii), the first

sentence of paragraph (a)(4)(iii), and

paragraph (a)(9)(i) are revised to read as

follows:

§ 635.27 Quotas.

(a) * * *

(1) * * *

(i) * * *

(C) October 1 through December 31—

10 percent.

* * * * *

(4) * * *

(i) * * * The directed purse seine

fishery for BFT commences on August

15 each year.

(ii) * * * The application must be

postmarked no later than April 15 for an

allocation of the quota that becomes

available on June 1.

(iii) On or about May 1, NMFS will

make equal allocations of the available

size classes of BFT among purse seine

vessel permit holders so requesting,

adjusted as necessary to account for

underharvest or overharvest by each

participating vessel or the vessel it

replaces from the previous fishing year,

consistent with paragraph (a)(9)(i) of

this section. * * *

* * * * *

(9) Annual adjustments. (i) If NMFS

determines, based on landings statistics

and other available information, that a

BFT quota in any category or, as

appropriate, subcategory has been

exceeded or has not been reached, with

the exception of the Purse Seine

category, NMFS shall subtract the

overharvest from, or add the

underharvest to, that quota category for

the following fishing year, provided that

the total of the adjusted category quotas

and the reserve is consistent with a

recommendation of ICCAT regarding

country quotas, the take of school BFT,

and the allowance for dead discards. For

the Purse Seine category, if NMFS

determines, based on landings statistics

and other available information, that a

purse seine vessel’s allocation, as

adjusted, has been exceeded or has not

been reached, NMFS shall subtract the

overharvest from, or add the

underharvest to, that vessel’s allocation

for the following fishing year.

* * * * *

5. In § 635.71, paragraph (e)(8) is

revised to read as follows:

§ 635.71 Prohibitions.

* * * * *

(e) * * *

(8) Fish for North Atlantic swordfish

from, possess North Atlantic swordfish

on board, or land North Atlantic

swordfish from a vessel using or having

on board gear other than pelagic

longline or handgear.

* * * * *

[FR Doc. 00–13056 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. 000511133–0146–02; I.D.

051600B]

RIN 0648–AN52

Atlantic Highly Migratory Species;

Trade Restrictions for Bluefin Tuna

and Swordfish

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 the

regulations governing the Atlantic

highly migratory species (HMS)

fisheries to remove a prohibition on the

importation of Atlantic bluefin tuna

(BFT) from Panama; to prohibit the

importation of BFT and its products

from Equatorial Guinea; and to prohibit

the importation of Atlantic swordfish

and its products from Belize and

Honduras. These restrictions would

implement recommendations of the

International Commission for the

Conservation of Atlantic Tunas (ICCAT).

The intent of these actions is to improve

conservation and management of the

Atlantic swordfish and bluefin tuna

resources, while allowing harvests

consistent with recommendations of the

International Commission for the

Conservation of Atlantic Tunas (ICCAT).

33518 Federal Register / Vol. 65, No. 101 / Wednesday, May 24, 2000 / Proposed Rules

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 public hearing

locations. Comments on the proposed

rule should be sent to and copies of the

Draft Environmental Assessment/

Regulatory Impact Review 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

HMS website is www.nmfs/gov/sfa/

hmspg.html.

SUPPLEMENTARY INFORMATION: The U.S.

Atlantic swordfish fishery and the BFT

fishery are managed under the Fishery

Management Plan for Atlantic Tunas,

Swordfish, and Sharks 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.

Proposed Import Restrictions

On August 21, 1997 (62 FR 44422),

NMFS prohibited the importation of

BFT and its products from Panama,

Honduras, and Belize, to implement a

1996 ICCAT recommendation. At that

time, vessels of those countries had

been determined by ICCAT to be fishing

in a manner inconsistent with ICCAT

conservation and management measures

for bluefin tuna. In recognition of

Panama’s new status as a Contracting

Party and the notable steps that country

has taken and is taking to control its

fleet and address ICCAT’s concerns,

ICCAT recommended in 1999 that its

members lift the trade ban on bluefin

tuna products from Panama. Therefore,

consistent with the 1999 ICCAT

recommendation, NMFS proposes to lift

the import restriction on Panama and

allow for the importation of BFT from

that country.

In contrast to the efforts of the

Government of Panama, information

available to ICCAT indicates that

Honduras and Belize continue to have

vessels fishing in a manner that

diminishes the effectiveness of ICCAT’s

conservation and management measures

for both BFT and Atlantic swordfish.

(Background on the original BFT

determination can be found at 62 FR

44422, August 21, 1997.) In recent years,

significant increases in exports of

swordfish by Belize and Honduras have

been recorded, although no catch data

have been reported to ICCAT. This

activity is occurring while other

countries have reduced their catches of

swordfish to comply with ICCAT

conservation measures for the

overfished north Atlantic swordfish

population. ICCAT has repeatedly

contacted the governments of Belize and

Honduras, but has never received a

satisfactory response from either

government regarding actions to rectify

the situation. Therefore, consistent with

the 1999 ICCAT recommendation,

NMFS proposes to prohibit the

importation of Atlantic swordfish and

its products from Honduras and Belize.

The prohibition on imports of BFT and

its products from these countries would

also remain in effect.

In 1999, ICCAT also recommended

that its members prohibit the import of

BFT from Equatorial Guinea (a

Contracting Party to ICCAT). ICCAT

took this step as a last resort to address

non-compliance with BFT quota limits.

Import data from 1997–1999 reveal

significant exports of BFT by Equatorial

Guinea despite the fact that, for those

years, this country received no catch

allocation from ICCAT for BFT. The

Government of Equatorial Guinea has

not responded to repeated

correspondence from ICCAT regarding

the BFT fishing activities of its vessels

and Equatorial Guinea has reported no

BFT catch data. Therefore, consistent

with the 1999 ICCAT recommendation,

NMFS proposes to prohibit the

importation of BFT and its products

from Equatorial Guinea.

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.

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 has

preliminarily determined that the

regulations contained in this proposed

rule are necessary to implement the

recommendations of ICCAT and to

manage the domestic Atlantic HMS

fisheries.

The Chief Counsel for Regulation of

the Department of Commerce has

certified to the Chief Counsel for

Advocacy of the Small Business

Administration that the proposed

regulatory amendment, if implemented,

would not have a significant economic

impact on a substantial number of small

entities as follows:

Implementing trade restrictions on Atlantic

BFT and Atlantic swordfish and Atlantic BFT

and Atlantic swordfish products from Belize

and Honduras, and Atlantic BFT and Atlantic

BFT products from Equatorial Guinea would

not have a significant economic impact on a

substantial number of small entities because

these countries currently do not export these

fish or fish products to the United states and

there are sufficient alternative sources of

supply for United States importers and

processors. The proposed restrictions would

not alter current domestic fishing or

marketing practices in any significant way.

Because of this certification, an Initial

Regulatory Flexibility Analysis was not

prepared.

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