[Federal Register Volume 62, Number 206 (Friday, October 24, 1997)]
[Rules and Regulations]
[Pages 55357-55362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28277]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 630

[Docket No. 970710171-7240-02; I.D. 041097A]
RIN 0648-AJ63


Atlantic Swordfish Fishery; Annual Quotas

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to amend the regulations governing 
the Atlantic swordfish fishery to: establish the U.S. swordfish quota 
for the North Atlantic Ocean at 2,464 metric tons (mt) dressed weight 
(dw) for 1997, at 2,398.6 mt dw for 1998, and at 2,333.2 mt dw for 
1999, with one half of each year's longline/harpoon subquota allocated 
to each of two semiannual fishing seasons (June 1 through November 30 
and December 1 through May 31); define the South Atlantic swordfish 
stock and set a 188 mt dw quota for that stock for 1997, with one-half 
allocated to each of the two semiannual fishing seasons; and implement 
the same management measures for the South Atlantic swordfish stock as 
are currently in place for the North Atlantic stock.

DATES: All provisions of this final rule are effective October 21, 
1997, except for the amendments to Secs. 630.4(a), 630.7(c), (bb) and 
(cc), and 630.23(a) and (b) and the revision to Sec. 630.21 which are 
effective November 20, 1997.

ADDRESSES: Copies of the Final Environmental Assessment/Regulatory 
Impact Review (EA/RIR) supporting this

[[Page 55358]]

action may be obtained from Rebecca Lent, Chief, Highly Migratory 
Species (HMS) Division, Office of Sustainable Fisheries, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910. Comments regarding the 
collection-of-information requirements contained in this rule should be 
sent to Rebecca Lent and to the Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), Washington, DC 20503 
(Attention: NOAA Desk Officer).

FOR FURTHER INFORMATION CONTACT: Jill Stevenson, 301-713-2347, fax: 
301-713-1917; or Buck Sutter, 813-570-5447, fax: 813-570-5364.

SUPPLEMENTARY INFORMATION: The U.S. Atlantic swordfish fishery is 
managed under the Fishery Management Plan for Atlantic Swordfish and 
its implementing regulations at 50 CFR part 630, 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 the International 
Commission for the Conservation of Atlantic Tunas (ICCAT).
    Background information about the need for revisions to Atlantic 
swordfish fishery regulations was provided in the proposed rule (62 FR 
40039, July 25, 1997) and is not repeated here.

Management Measures

    These regulatory changes implement ICCAT recommendations and 
further the management objectives for the domestic swordfish fisheries:

North Atlantic Quota

    NMFS implements ICCAT's 1996 recommendation of a North Atlantic 
U.S. swordfish quota of 2,464 mt dw for 1997, 2,398.6 mt dw for 1998 
and 2,333.2 mt dw for 1999. Each year's quota is divided between a 
directed fishery quota and an incidental quota. The incidental quota is 
needed to allow for landings of swordfish taken incidentally during 
closure of the directed longline swordfish fishery in the North 
Atlantic and for swordfish taken incidental to other fisheries.
    Under existing regulations, up to 15 swordfish can be possessed if 
taken incidentally when fishing with longline gear for other pelagic 
fish species. The increases of the incidental quota from 254 mt dw for 
1996 to 300 mt dw for each of the years 1997, 1998, and 1999 are made 
to meet expected incidental harvest levels during directed fishery 
closures. The 300 mt yearly level is based on the average daily 
landings noted during previous closures and an anticipated 100 days of 
closure of the directed fishery each fishing year. The increased 
incidental catch reserve should ensure that the total ICCAT quota is 
not exceeded.
    The directed fishery annual quota is subdivided into a drift 
gillnet quota and a longline/harpoon quota. A Biological Opinion (BO) 
resulting from a consultation conducted under section 7 of the 
Endangered Species Act (ESA) concluded that the drift gillnet fishery 
should not operate during the period November 1 through July 31 to 
avoid jeopardizing the continued existence of the North Atlantic right 
whale. In accordance with that opinion, a single season quota has been 
established for the driftnet segment of the directed swordfish fishery. 
This rule addresses only the quota; NMFS is addressing the operation of 
the drift gillnet fishery in other rulemakings.
    The directed longline/harpoon fishery quota is divided equally into 
two semiannual quotas, one from June 1 through November 30 and the 
other from December 1 through May 31. Allocations by gear types are in 
the same proportions as those previously established for 1994 through 
1996. The quotas and subquotas are summarized in Table 1.
    Following a closure of the directed fishery, any overharvest or 
underharvest will be added to, or subtracted from, the incidental catch 
reserve of 300 mt dw for that year. Any cumulative overharvest/
underharvest occurring during any year will then be subtracted from/
added to the following year's North Atlantic swordfish quota, per the 
ICCAT recommendations.

                            Table 1.--North Atlantic Swordfish Allocations (in mt dw)                           
----------------------------------------------------------------------------------------------------------------
                                                               1996         1997          1998          1999    
----------------------------------------------------------------------------------------------------------------
ICCAT Recommended Quota..................................        2,625       2,464         2,398.6       2,333.2
Incidental Catch Quota...................................          254         300           300           300  
Directed Fishery Quota (Total--Incidental)...............        2,371       2,164         2,098.6       2,033.2
Annual Driftnet Quota....................................         47.0          42.8          41.6          40.2
Semiannual Longline and Harpoon Quota....................        1,162       1,060.6       1,028.5         996.5
Discards Adjustment......................................          342  ............  ............  ............
Landing Quota (Total--Discards)..........................        2,283       2,464         2,398.6       2,333.2
----------------------------------------------------------------------------------------------------------------

Definition of South Atlantic Swordfish Stock

    In this final rule, NMFS defines the South Atlantic swordfish stock 
to include all swordfish in the Atlantic Ocean south of 5<SUP>o</SUP> 
N. lat., which is consistent with ICCAT's delineation of the northern 
and southern swordfish stocks.

South Atlantic Quota

    NMFS establishes a U.S. swordfish quota of 188 mt dw for 1997 for 
the South Atlantic, consistent with ICCAT recommendations. This 
directed fishery quota is further divided into two equal semiannual 
quotas of 94 mt dw, one for the period June 1 through November 30, and 
the other for the period December 1 through May 31. Following a closure 
of the directed longline fishery in the South Atlantic Ocean, no 
incidental harvest is allowed.

Permits, Reporting and Observers

    A uniform system of swordfish management measures is instituted for 
all U.S.-flagged vessels operating throughout the Atlantic Ocean. The 
same general swordfish management measures currently in place for 
vessels operating in the North Atlantic Ocean are extended to vessels 
operating in the South Atlantic Ocean: Vessel permits, logbook 
reporting, observer coverage, and other, related management measures 
(50 CFR part 630).
    NMFS is currently considering Amendment 1 to the Fishery Management 
Plan for Atlantic Swordfish, which would establish a limited access 
system for vessels fishing in the North Atlantic. If Amendment 1 is 
adopted, NMFS will issue regulations to implement it. Proposed 
regulations to do so were published in the Federal Register on February 
26, 1997 (62 FR 8672). If Amendment 1 is approved and implemented, 
swordfish permits for the South Atlantic stock will be limited to

[[Page 55359]]

those who qualify for a directed permit under Amendment 1.

Gear and Incidental Catch Restrictions

    NMFS prohibits the use of any gear other than longline to fish for 
swordfish in the South Atlantic management area. Further, no incidental 
swordfish catch allowance is established for any gear in the South 
Atlantic Ocean.

North and South Atlantic Management Summary

    (1) Swordfish harvested from or possessed in the North Atlantic 
Ocean, including the Gulf of Mexico and Caribbean Sea, can be sold only 
to a dealer (defined at 50 CFR 630.2) holding a valid annual dealer 
permit (50 CFR 630.4).
    (2) Vessel permits are required for all vessels fishing for, or 
incidentally taking, swordfish in the North or South Atlantic Ocean.
    (3) Vessel owners fishing for, harvesting or possessing swordfish 
in the North Atlantic must comply with all record keeping and reporting 
requirements set forth in 50 CFR 630.5 (daily logbooks and tally 
sheets), and, if selected, participate in the observer program as 
required under 50 CFR 603.10. When the swordfish fishery is closed in 
the North Atlantic, swordfish can only be landed or possessed if taken 
incidentally to other fisheries, subject to authorized catch limits, 
and sold only to dealers holding a valid dealer permit. Swordfish 
directly or incidentally harvested or possessed from the North Atlantic 
cannot be sold, traded or bartered outside of the North Atlantic 
management unit at any time.
    (4) Swordfish harvested from the South Atlantic stock and offloaded 
north of 5 deg. North latitude can be sold only to a dealer holding a 
permit issued under 50 CFR 630.4. It is not required that swordfish 
harvested from the South Atlantic stock be sold to dealers holding a 
permit issued under 50 CFR 630.4 if offloaded at a port south of 5 deg. 
North latitude.
    (5) All permitted vessels harvesting or possessing swordfish from 
the South Atlantic must comply with all recordkeeping and reporting 
requirements set forth at 50 CFR 630.5, including ensuring that copies 
of offloading tally sheets are submitted. During a closure of the South 
Atlantic swordfish fishery, swordfish cannot be possessed on board a 
U.S.-flagged vessel operating in the South Atlantic Ocean.
    (6) All regulations that apply to the North Atlantic swordfish 
fishery apply to the South Atlantic fishery, other than the requirement 
for sale of swordfish to a permitted dealer if the fish are offloaded 
south of 5 deg. North latitude. These include the prohibition on at-sea 
transfer and harvest limitations such as minimum size, vessel trip 
limits, and carcass condition requirements.

Comments and Responses

    Comment: Rhode Island commented that the proposed rule was not 
consistent with the Rhode Island Coastal Management Program (CMP) 
policy to promote conservation of the resource and the policy to 
preserve the coastal resources through long-range planning and 
management designed to produce the maximum benefit for society. They 
stated that to be consistent, NMFS must modify the proposed rule that 
initiates the process of rebuilding the swordfish fishery and reduce 
bycatch of protected species.
    Response: The Secretary of Commerce (Secretary) manages the 
swordfish fishery under the authority of the ATCA and the Magnuson-
Stevens Act. The ATCA requires the Secretary to promulgate such 
regulations as may be necessary to carry out the recommendations of 
ICCAT. Further, the ATCA prohibits the Secretary from issuing any 
regulation that has the effect of increasing or decreasing any 
allocation or quota of fish to the United States agreed to pursuant to 
a recommendation of ICCAT. This rule establishes the quota recommended 
by ICCAT, and for this reason NMFS concludes that consistency with 
Rhode Island CMP was achieved to the maximum extent practicable. NMFS 
is exploring other management actions to protect Atlantic swordfish, 
such as time/area closures to minimize bycatch of juvenile swordfish. 
Concerning bycatch of protected species, NMFS has closed the drift 
gillnet fishery until November 26, 1997, under an emergency rule (62 FR 
30775, June 5, 1997), until a preferred option to avoid the likelihood 
of jeopardy to the continued existence of the North Atlantic right 
whale is identified and implemented.

North Atlantic Quota

    Comment: Allocations from ICCAT for member countries are given in 
whole weight (ww). The formulation used to convert ww to dw, the U.S. 
industry weight standard, in the proposed rule was incorrect.
    Response: NMFS has corrected this conversion factor in this final 
rule.
    Comment: Application of the ICCAT recommendation to subtract or add 
cumulative overharvest or underharvest to the following fishing year 
applies only to the North Atlantic swordfish fishery.
    Response: NMFS agrees and has clarified this provision of the 
regulations in the final rule.
    Comment: Criteria need to be developed to ensure that vessels in 
the North Atlantic are not making short-term directed fishing trips 
targeting the incidental trip limit during closure of the directed 
fishery.
    Response: NMFS agrees that this issue warrants further 
consideration. NMFS will discuss development of an effective management 
strategy including incidental catch requirements with the HMS and 
Pelagic Longline Line Advisory Panels recently established under the 
Magnuson-Stevens Act.

South Atlantic Quota

    Comment: NMFS received a comment that the U.S. 1997 allocation for 
the South Atlantic was insufficient based on landings by U.S.-flagged 
vessels below 5 deg. N latitude during 1993 and 1994.
    Response: In the proposed rule, NMFS requested submission of catch 
and landing records from the South Atlantic by U.S.-flagged vessels to 
more accurately ascertain historical harvest levels during 1993 and 
1994, the years ICCAT used to set harvest allocations for participating 
countries. Although NMFS has received several comments indicating that 
harvests exceeded 188 mt dw during 1993 and 1994, data received to date 
are inconclusive. NMFS will continue to consider documents submitted, 
to update data where possible for South Atlantic landings, and to make 
this information available to ICCAT in order to revise, if appropriate, 
the U.S. allocation to reflect actual participation in the South 
Atlantic swordfish fishery.
    NMFS notes that in November 1997, ICCAT will consider modifications 
to the South Atlantic quotas and may adopt a modified quota scheme for 
future years.
    Comment: One comment stated that the fishing year for the South 
Atlantic swordfish fishery should begin January 1 and that two 
semiannual periods are not necessary.
    Response: NMFS responds that, to be consistent with the North 
Atlantic, the South Atlantic fishery will remain with two semiannual 
periods beginning December 1 and June 1. As NMFS continues to monitor 
this fishery, other management scenarios might be considered.
    Comment: Several comments were received regarding the proposed 
waiver of the dealer permit requirement for the South Atlantic 
swordfish fishery. Commenters suggested that dealer permits be a 
requirement to purchase, barter, or trade any swordfish harvested

[[Page 55360]]

by a U.S.-flagged vessel, regardless where fish are landed in the 
Atlantic.
    Response: NMFS disagrees because requiring U.S.-flagged vessels to 
sell only to permitted dealers in the South Atlantic could impose U.S. 
regulations on non-U.S. citizens or could increase costs to vessels by 
imposing delays in offloading. However, the swordfish regulations 
require vessels offloading in the South Atlantic ocean to attach to the 
reports submitted to NMFS all copies of their tally sheets received 
from foreign dealers. This requirement will help ensure that the agency 
receives appropriate information.
    Comment: A comment was received stating a need to clarify 
permitting and reporting requirements.
    Response: NMFS has restructured the final rule to summarize 
recordkeeping and reporting requirements for the North and South 
Atlantic. Overall permitting requirements are currently under 
consideration and will be restated when a final rule is issued 
concerning limited access in the swordfish fishery.
    Comment: Several responses were received regarding options for 
providing an offloading window. Commenters were in general agreement 
that an offloading window would prevent or reduce market gluts and 
product handling problems associated with previous closures of the 
swordfish directed fishery. Several time frames were suggested for this 
window, ranging from 7 days to unlimited offloading time, as long as 
the vessel remains in port after the closure date.
    Response: NMFS agrees that an expanded time frame to offload fish 
following a closure of the directed swordfish fishery could facilitate 
product handling and improve marketing opportunities, but the large 
number of vessels and potential offloading ports renders an offloading 
window difficult to enforce. Pending the analysis of costs and benefits 
to the public, these enforcement concerns could be addressed by strict 
documentation requirements; however, such new information collections 
cannot be immediately implemented since OMB review and approval under 
the Paperwork Reduction Act (PRA) is needed. Such review and approval 
requires considerable time to obtain. Other possible options to 
minimize the burden to the Government and to the public of monitoring a 
delayed offloading are: Vessel monitoring systems, hailing requirements 
prior to landing, third party observers for offloading, or designated 
offloading ports for those vessels that will not be offloading prior to 
the effective date of the closure. NMFS will discuss specifics of 
possible future offloading strategies with the HMS and Pelagic Longline 
Advisory Panels.
    Comment: Commenters indicated that a system should be developed to 
certify that distressed vessels are in fact distressed and not trying 
to avoid the closure date.
    Response: To ensure equitable enforcement of the closure, 
regulations require that all vessels return to port by the announced 
date of closure of the directed fishery. As is the case in any 
situation involving safety at sea, vessels in distress should notify 
the U.S. Coast Guard of the vessel's location, seaworthiness, and 
anticipated time of arrival in port.
    Comment: Several commenters stated a need for more conservative 
landing quotas and stronger conservation measures to rebuild the 
swordfish stocks.
    Response: This Atlantic swordfish rule is issued under the 
authority of ATCA, which requires the Secretary to promulgate such 
regulations as may be necessary to carry out the recommendations of 
ICCAT. The final rule implements ICCAT quota and management 
recommendations relative to North and South Atlantic swordfish stocks; 
therefore, it is subject to ATCA restrictions that prohibit the 
implementation of regulations that have the effect of increasing or 
decreasing the ICCAT-recommended quota. NMFS recognizes that further 
management actions are needed for Atlantic swordfish and has undertaken 
the following activities: An Advance Notice of Proposed Rulemaking 
regarding options for banning the sale of Atlantic swordfish below the 
minimum size (33 lb or 15 kg dw); an analysis of management options, 
such as time-area closures, to minimize bycatch of juvenile swordfish; 
development of a rebuilding schedule, as required by the Magnuson-
Stevens Act, if swordfish are identified as overfished; and 
establishment of an HMS Advisory Panel that will assist in the 
development of any future Fishery Management Plans (FMPs) or FMP 
amendments.

Changes From the Proposed Rule

    Based on comments received on the proposed rule, reanalysis of data 
and/or requirements of the ESA, the following changes, besides 
editorial changes, were made to the proposed rule:
    (1) Atlantic swordfish quotas are increased relative to the 
proposed rule based on recalculating the conversion of ICCAT 
allocations, which are stated in ww, to U.S. industry standards which 
are stated in dw, and,
    (2) A single season quota has been established for the driftnet 
segment of the directed swordfish fishery.

Classification

    This final rule is published under the authority of ATCA. The 
Assistant Administrator for Fisheries, NOAA has determined that the 
regulations contained in this rule are necessary to implement the 
recommendations of ICCAT and for the domestic management of the 
Atlantic swordfish fishery.
    NMFS prepared an EA for this final rule with a finding of no 
significant impact on the human environment. In addition, an RIR was 
prepared with a finding of no significant impact. The Assistant General 
Counsel for Legislation and Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this rule will not have a significant economic 
impact on a substantial number of small entities. Because discards are 
no longer subtracted, the landings quotas for 1997-99 actually increase 
relative to 1996. Establishment of a South Atlantic management unit and 
quota reflects recent participation levels and is not overly 
restrictive. These measures will not have a significant economic impact 
on a substantial number of small entities. No comments were received 
that changed the basis for the original certification. Therefore, no 
Regulatory Flexibility Analysis was prepared.
    This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall a person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirements 
of the PRA unless that collection of information displays a currently 
valid OMB control number. This rule imposes new collection-of-
information requirements beyond those already approved by OMB. Namely, 
NMFS is extending the logbook reporting, permitting and observer 
notification requirements for the North Atlantic swordfish fishery to 
cover swordfish fishing activities in the South Atlantic.
    The regulations require revised reporting and participation in 
observer programs by vessels already permitted to fish in the North 
Atlantic and new reporting by those vessels not currently permitted 
because they fish only in the South Atlantic. The public reporting 
burden for this collection of information is estimated to average 15 
minutes per

[[Page 55361]]

response for logbooks, 20 minutes for an initial vessel permit 
application and 2 minutes per vessel for observer notification. These 
estimates include the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. These new 
requirements were approved by OMB under OMB control numbers 0648-0016 
(Federal Fisheries Logbooks) and 0648-0205 (Permitting Requirements and 
Observer Notification). Send comments regarding these information 
collection requirements to OMB (see ADDRESSES).
    NMFS reinitiated formal consultation for all HMS commercial 
fisheries on September 25, 1996, under section 7 of the ESA. The BO 
resulting from this consultation was issued on May 29, 1997. It 
concluded 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. The BO also concluded that the 
swordfish drift gillnet fishery segment of the Atlantic pelagic fishery 
is likely to jeopardize the continued existence of the right whale.
    Two alternatives that would avoid the likelihood of jeopardy were 
set forth in the BO, although NMFS had not identified a preferred 
alternative at that time. Therefore, NMFS extended the emergency 
closure of the drift gillnet segment of the swordfish fishery until a 
preferred option is identified and implemented (62 FR 30775, June 5, 
1997). On August 29, 1997, an amendment to the BO was issued, which 
identified a new reasonable and prudent alternative including time/area 
closures and 100-percent observer coverage. Pending implementation of a 
modification to the emergency closure, if such is warranted by the 
preferred option when identified, NMFS has taken action in this final 
rule to establish a single season quota for the driftnet swordfish 
fishery.
    Other than the amendments to 50 CFR 630.4, 630.7, 630.21 and 
630.23, which extend requirements to the South Atlantic swordfish 
stock, NMFS has determined that there is good cause to waive the 30-day 
delay in effective date normally required by section 553(d) of the 
Administrative Procedures Act. The relevant sections define terms, 
establish quotas, and grant administrative authority for certain 
actions. None of these sections impose any compliance obligation on any 
affected person and consequently do not require time to come into 
compliance.

List of Subjects in 50 CFR Part 630

    Fisheries, Fishing, Reporting and recordkeeping requirements, 
Treaties.

    Dated: October 21, 1997.
Gary C. Matlock,
Acting Assistant Administrator for Fisheries, Office of Sustainable 
Fisheries, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 630 is amended 
as follows:

PART 630--ATLANTIC SWORDFISH FISHERY

    1. The authority citation for part 630 continues to read as 
follows:

    Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 971 et seq.

    2. In Sec. 630.1, paragraph (b) is revised to read as follows:


Sec. 630.1  Purpose and scope.

* * * * *
    (b) This part governs the conservation and management of the North 
Atlantic and South Atlantic swordfish stocks.
* * * * *
    3. In Sec. 630.2, the definitions of ``Dealer'' and ``North 
Atlantic swordfish stock'' are revised and a new definition for the 
``South Atlantic swordfish stock'' is added, in alphabetical order, to 
read as follows:


Sec. 630.2  Definitions.

* * * * *
    Dealer means the person who first receives from a fishing vessel, 
by way of purchase, barter, or trade, swordfish harvested from the 
Atlantic Ocean.
* * * * *
    North Atlantic swordfish stock means those swordfish in the 
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, north 
of 5 deg. N. lat.
* * * * *
    South Atlantic swordfish stock means those swordfish in the 
Atlantic Ocean, south of 5 deg. N. lat.
* * * * *
    4. In Sec. 630.4, paragraph (a) is revised to read as follows:


Sec. 630.4  Permits and fees.

    (a) Applicability--(1) Annual vessel permit. The owner of a vessel 
of the United States that fishes for or possesses swordfish from the 
north or south Atlantic swordfish stocks, or takes such swordfish as 
incidental catch, regardless of whether retained, must have been issued 
a valid swordfish vessel permit under paragraph (e) of this section 
unless such vessel fishes exclusively in the recreational fishery and/
or fishes exclusively shoreward of the outer boundary of the EEZ around 
Puerto Rico and the Virgin Islands with only handline gear on board.
    (2) Annual dealer permit. A dealer in the United States who first 
receives from a vessel of the United States swordfish harvested from 
the north or south Atlantic swordfish stocks must have been issued a 
valid dealer permit under paragraph (e) of this section.
* * * * *
    5. Section 630.7 is amended by revising paragraph (c) and by adding 
new paragraphs (bb) and (cc) to read as follows:


Sec. 630.7  Prohibitions.

* * * * *
    (c) Sell, barter or trade or attempt to sell, barter, or trade a 
swordfish harvested from or possessed in the North Atlantic Ocean north 
of 5 deg. N. latitude, including the Gulf of Mexico and Caribbean Sea, 
to a dealer without a valid dealer permit issued under Sec. 630.4(e).
* * * * *
    (bb) Fish for swordfish from the south Atlantic swordfish stock 
using any gear other than pelagic longline, or possess swordfish while 
carrying drift gillnet gear on board south of 5 deg. N. latitude.
    (cc) Fish for, or retain, a swordfish from the south Atlantic 
swordfish stock or to sell, barter or trade or attempt to sell, barter, 
or trade a swordfish harvested from or possessed in the Atlantic Ocean 
south of 5 deg. N. latitude during a closure of the South Atlantic 
swordfish fishery under Sec. 630.25(a)(1).
    6. Section 630.21 is revised to read as follows:


Sec. 630.21  Restrictions on transfer, offloading, and sale.

    (a) A swordfish harvested from the north or south Atlantic 
swordfish stocks may not be transferred at sea, regardless of where the 
transfer takes place or where the swordfish was harvested.
    (b) A swordfish harvested from the north Atlantic Swordfish stock 
may be initially sold, traded, or bartered or attempted to be sold, 
traded, or bartered only by an owner or operator of a vessel that has 
been issued a swordfish vessel permit under Sec. 630.4(e), except if 
the swordfish is off-loaded in Puerto Rico or the U.S. Virgin Islands 
from a non-permitted vessel that fished exclusively shoreward of the 
outer boundary of the EEZ around Puerto Rico and the U.S. Virgin 
Islands with only handline gear on board.
    (c) A swordfish harvested from the south Atlantic swordfish stock, 
may be initially sold, traded, or bartered or attempted to be sold, 
traded, or bartered only by an owner or operator of a vessel

[[Page 55362]]

that has been issued a vessel permit under Sec. 630.4(e).
    (d) A swordfish harvested from the north Atlantic swordfish stock 
may be initially purchased, traded, or bartered or attempted to be 
purchased, traded, or bartered only by a dealer with a valid dealer 
permit issued under Sec. 630.4(e).
    (e) A swordfish harvested from the north Atlantic swordfish stock 
by persons aboard a vessel in the recreational fishery may not be sold, 
purchased, traded, or bartered or attempted to be sold, purchased, 
traded, or bartered.
    7. In Sec. 630.23, the first sentence of paragraph (a) and the 
first sentence of paragraph (b) are revised to read as follows:


Sec. 630.23  Harvest limitations.

    (a) Minimum size. The minimum allowable size for possession on 
board a fishing vessel for a swordfish taken from the north or south 
Atlantic swordfish stocks is 29 inches (73 cm) carcass length, measured 
along the body contour (i.e., a curved measurement) from the cleithrum 
to the anterior portion of the caudal keel (CK measurement) or, if 
swordfish are weighed, 33 lb (15 kg) dressed weight. * * *
    (b) Carcass condition. A swordfish possessed on board a fishing 
vessel of the United States in the Atlantic Ocean, including the Gulf 
of Mexico and the Caribbean Sea, must be in whole or dressed form, and 
a swordfish landed from a fishing vessel of the United States in an 
Atlantic coastal port, including the Gulf of Mexico or Caribbean Sea, 
must be maintained in whole or dressed form through offloading, except 
such swordfish as are damaged by shark bites. * * *
* * * * *
    8. In Sec. 630.24, paragraph (a) is amended by designating the text 
after the paragraph heading as paragraph (a)(1), paragraphs (a)(2) and 
(b)(5) are added, and paragraphs (b)(1) through (b)(3), (c), (d)(4), 
and (e) are revised to read as follows:


Sec. 630.24  Quotas.

    (a) Applicability. (1) * * *
    (2) A swordfish harvested from the south Atlantic swordfish stock 
by a vessel subject to the jurisdiction of the United States is counted 
against the directed-fishery quota for the south Atlantic.
    (b) Directed-fishery quotas. (1) The annual directed fishery quota 
for the North Atlantic swordfish stock for the period June 1, 1997, 
through May 31, 1998, is 2,164 mt dw, of which 2,121.2 mt dw is 
allocated for the longline/harpoon fishery and of which 42.8 mt dw is 
allocated for the drift gillnet fishery. The allocation for the 
longline/harpoon fishery is divided into two equal semiannual quotas of 
1,060.6 mt dw, one for the period June 1 through November 30, 1997, and 
the other for the period December 1, 1997, through May 31, 1998.
    (2) The annual directed fishery quota for the North Atlantic 
swordfish stock for the period June 1, 1998, through May 31, 1999, is 
2,098.6 mt dw, of which 2,057 mt dw is allocated for the longline/
harpoon fishery and of which 41.6 mt dw is allocated for the drift 
gillnet fishery. The allocation for the longline/harpoon fishery is 
divided into two equal semiannual quotas of 1,028.5 mt dw, one for the 
period June 1 through November 30, 1998, and the other for the period 
December 1, 1998, through May 31, 1999.
    (3) The annual directed fishery quota for the North Atlantic 
swordfish stock for the period June 1, 1999, through May 31, 2000, is 
2,033.2 mt dw, of which 1,993 mt dw is allocated for the longline/
harpoon fishery and of which 40.2 mt dw is allocated for the drift 
gillnet fishery. The allocation for the longline/harpoon fishery is 
divided into two equal semiannual quotas of 996.5 mt dw, one for the 
period June 1 through November 30, 1999, and the other for the period 
December 1, 1999, through May 31, 2000.
* * * * *
    (5) The annual directed fishery quota for the south Atlantic 
swordfish stock for the period June 1, 1997, through May 31, 1998, is 
188 mt dw and is divided into two equal semiannual quotas of 94 mt dw, 
one for period June 1 through November 30, 1997, and the other for the 
period December 1, 1997, through May 31, 1998.
    (c) Incidental catch quota. The annual bycatch quota for the north 
Atlantic swordfish stock is 300 mt dw; no incidental harvest is 
authorized for the south Atlantic swordfish stock.
    (d) * * *
    (4) Total landings above or below the specific north Atlantic 
swordfish annual quota will be subtracted from, or added to, the 
following year's quota. Any adjustments to the 12-month directed-
fishery quota will then be apportioned equally between the period June 
1 through November 30 and the period December 1 through May 31.
* * * * *
    (e) NMFS may adjust the December 1 through May 31 semiannual 
directed-fishery quota and gear quotas to reflect actual catches during 
the June 1 through November 30 semiannual period, provided that the 12-
month directed-fishery and gear quotas are not exceeded.
* * * * *
    9. In Sec. 630.25, the section heading, paragraphs (a)(1) and the 
first sentence of paragraph (b) are revised to read as follows:


Sec. 630.25  Closures and incidental limits.

    (a) Notification of a closure. (1) When a directed-fishery annual, 
semiannual, or gear quota specified in Sec. 630.24 is reached, or is 
projected to be reached, NMFS will publish notification in the Federal 
Register closing the entire directed fishery for fish from the North 
Atlantic swordfish stock, the South Atlantic swordfish stock, the drift 
gillnet fishery, or the harpoon and longline fisheries, as appropriate. 
The effective date of such notification will be at least 14 days after 
the date such notification is filed at the Office of the Federal 
Register. The closure will remain in effect until an additional 
directed-fishery or gear quota becomes available.
* * * * *
    (b) Special set-aside for harpoon gear. The procedures of paragraph 
(a)(1) of this section notwithstanding, during the period June 1 
through November 30, swordfish not exceeding 9,752 kg dw, may be set 
aside for the harpoon segment of the North Atlantic swordfish fishery. 
* * *
* * * * *
[FR Doc. 97-28277 Filed 10-21-97; 3:50 pm]
BILLING CODE 3510-22-P