23682 Federal Register / Vol. 63, No. 83 /Thursday, April 30, 1998 /Rules and Regulations

Subpart 2202—[Removed]

3. Subpart 2202 is removed in its

entirety.

[FR Doc. 98–11499 Filed 4–29–98; 8:45 am]

BILLING CODE 4310–84–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 630

[I.D. 042398A]

South Atlantic Swordfish Fishery;

Fishery Reopening

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Reopening of fishery.

SUMMARY: Based on projected landings,

NMFS closed the south Atlantic

swordfish fishery effective April 15,

1998. Actual catch reports tallied since

the closure indicate that the south

Atlantic swordfish quota for the period

December 1, 1997, to May 31, 1998, has

not been reached. NMFS therefore

reopens the South Atlantic swordfish

fishery to allow U.S. fishermen to

harvest the remaining 1997 South

Atlantic quota.

DATES: The reopening is effective on

April 27, 1998, for vessels fishing

Atlantic swordfish south of 5° N. Lat.

FOR FURTHER INFORMATION CONTACT: Jill

Stevenson, 301-713-2347, or Buck

Sutter, 813-570-5447.

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 (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).

ICCAT has divided the Atlantic

swordfish stock into northern and

southern management units. The south

Atlantic swordfish fishery refers to

those swordfish caught in the Atlantic

ocean south of 5° N latitude. ICCAT’s

Standing Committee on Research and

Statistics estimated that the 1995 fishing

mortality rate for south Atlantic

swordfish was greater than the level that

would produce maximum sustainable

yield. To prevent further increases in

fishing mortality, ICCAT recommended

that contracting parties limit catch of

south Atlantic swordfish to levels

harvested in 1993 or 1994, whichever

was greater. On October 24, 1997 (62 FR

55357), consistent with ICCAT’s

recommendations, NMFS established a

U.S. quota for the for the South Atlantic

swordfish fishery of 188 mt dressed

weight(dw), and implemented the same

management measures for the South

Atlantic swordfish fishery as were in

place for the North Atlantic swordfish

fishery (i.e., logbook reporting,

permitting, minimum size, transfer-atsea, etc.).

Regulations governing the south

Atlantic swordfish fishery at § 630.24

divide the annual quota into semiannual

quotas of 94 mt for each of two fishing

periods (June 1 through November 30

and December 1 through May 31).

NMFS is required, under § 630.25(a)(1),

to monitor landings statistics and, on

the basis of these statistics, to project a

date when the catch will equal the

quota, and to announce a closure of the

fishery by publication of a notice in the

Federal Register.

In 1996, ICCAT adopted compliance

measures such that member nations

could be subject to trade restrictions and

reduced quotas equal to a minimum of

125 percent of the excess harvest if

North Atlantic swordfish quotas are

repeatedly exceeded. In 1997, ICCAT

extended these compliance measures to

the South Atlantic swordfish fishery.

Given the compliance

recommendations, it is necessary for

NMFS to closely monitor harvest rate in

the south Atlantic swordfish fishery.

Reporting of swordfish landings by

U.S.-flagged vessels in Atlantic waters

south of 5° N lat. was not required until

the 1997 fishing year; therefore, past

fishing effort was difficult to estimate

for the purpose of projecting a closure

date. However, limited logbook data

from 1996 and 1997 indicated that a

significant increase in landings could be

expected during February and March.

Therefore, NMFS announced that the

directed South Atlantic swordfish

fishery would close at 6 p.m., local time,

on April 15, 1998. The estimate was

conservative to reduce the risk of

exceeding U.S. swordfish quotas, which

could invoke ICCAT penalties.

However, actual reported landings of

swordfish in the South Atlantic

swordfish fishery through March 31,

1998, in the second semiannual season

total 22.5 mt(49,623 lbs) dw.

The ICCAT quota recommendation for

the 1997 fishing year, and the U.S.

regulations to implement it, did not

provide for carryover to the 1998 fishing

year of any unharvested fish. To provide

U.S. vessels additional fishing

opportunity, NMFS reopens the fishery

for Atlantic swordfish south of 5° N.

latitude effective Monday, April 27,

1998. This reopening announcement

provides ample time for vessels to travel

to the south Atlantic fishing areas and

to fish for swordfish prior to the end of

the 1997 season on May 31, 1998.

Vessel operators who resume fishing

for swordfish in the south Atlantic

fishery are reminded that the closure for

the north Atlantic swordfish fishery (63

FR 12687, March 16, 1998) remains in

effect through June 1, 1998. During a

closure of the north Atlantic swordfish

fishery, any vessels north of 5° N

latitude are limited to an incidental

catch of no more than 15 swordfish per

trip. Thus, vessels fishing in the south

Atlantic may not transit north of 5° N.

lat. with more than the incidental catch

limit aboard. Vessels harvesting more

than 15 swordfish in the south Atlantic

must offload in a port south of 5° N. lat.

or offload in the north after June 1,

1998. However, swordfish offloaded

after June 1 will be counted against the

1998 fishing year. Swordfish offloaded

north of 5° N. lat., must be sold to a

permitted swordfish dealer, regardless

of ocean area of catch.

Classification

This action is taken under 50 CFR

630.24 and 50 CFR 630.25(a) and is

exempt from review under E.O. 12866.

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

et seq.

Dated: April 24, 1998

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 98–11470 Filed 4–24–98; 5:10 pm]

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