31710 Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 / Proposed Rules

Species

Historic range

Vertebrate population where endangered or threatened

Status When listed Critical

habitat

Special

rules Common name Scientific name

* * * * * * *

FISHES:

* * * * * * *

Trout, bull ........... Salvelinus

confluentus.

U.S.A. (Pacific NW),

Canada (NW Territories).

Coastal-Puget Sound

(U.S.A.–WA) all

pacific coast drainages north of Columbia R..

T .................... NA 17.44 (w)

Do...... ................ ......do ....................... ......do ....................... Jarbidge R.

(U.S.A.—ID, NV).

T .................... NA Do.

Do...... ................ ......do ....................... ......do ....................... St. Mary-Belly R.

(U.S.A.—MT east

of Continental Divide).

T .................... NA Do.

* * * * * * *

3. Amend § 17.44 by adding

paragraph (w) to read as follows:

§ 17.44 Special rules—fishes.

* * * * *

(w) Bull trout (Salvelinus

confluentus), Coastal-Puget Sound,

Jarbidge River, and St. Mary-Belly River

bull trout distinct population segments.

(1) Prohibitions. Except as noted in

paragraph (w)(2) of this section, all

prohibitions of 50 CFR 17.31 and

exemptions of 50 CFR 17.32 shall apply

to the bull trout Coastal-Puget Sound,

Jarbidge River, and St. Mary-Belly River

population segments within the

contiguous United States.

(2) Exceptions. No person shall take

this species, except in accordance with

with applicable State and Native

American Tribal fish and wildlife

conservation laws and regulations, as

constituted in all aspects relevant to

protection of bull trout in effect on [date

of publication of final determination in

the Federal Register].

(3) Any violation of applicable State

and Native American Tribal fish and

wildlife conservation laws or

regulations with respect to the taking of

this species is also a violation of the

Endangered Species Act.

(4) No person shall possess, sell,

deliver, carry, transport, ship, import, or

export, any means whatsoever, any such

species taken in violation of this section

or in violation of applicable State and

Native American Tribal fish and game

laws and regulations.

(5) It is unlawful for any person to

attempt to commit, solicit another to

commit, or cause to be committed, any

offense defined in paragraphs (w) (2)

through (4) of this section.

Dated: June 1, 1998.

Jamie Rappaport Clark,

Director, Fish and Wildlife Service.

[FR Doc. 98–15318 Filed 6–5–98; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 630

[Docket No. 980527137–8137–01; I.D.

121597D]

RIN 0648–AL24

Atlantic Swordfish Fishery; South

Atlantic Quotas; Quota Adjustment

Procedures

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS proposes to amend the

regulations governing the Atlantic

swordfish fishery to establish annual

quotas for the South Atlantic swordfish

stock. Additionally, NMFS proposes

changes to the quota adjustment

procedures. The purpose of these

proposed actions is to improve

conservation and management of the

Atlantic swordfish resource, while

allowing harvests consistent with

recommendations of the International

Commission for the Conservation of

Atlantic Tunas (ICCAT). NMFS seeks

comment on the proposed measures and

on two related issues and will schedule

public hearings at a later date.

DATES: Comments must be submitted on

or before August 10, 1998.

ADDRESSES: Comments on the proposed

rule should be submitted to Rebecca

Lent, Highly Migratory Species

Management Division (F/SF1), Office of

Sustainable Fisheries, NMFS, 1315 EastWest Highway, Silver Spring, MD

20910. Copies of the Environmental

Assessment/Regulatory Impact Review

(EA/RIR) supporting this action may be

obtained from Jill Stevenson by calling

(301) 713–2347 or by writing to the

preceding address.

FOR FURTHER INFORMATION CONTACT: Jill

Stevenson: 301–713–2347 or FAX 301–

713–1917; Buck Sutter: 813–570–5447

or FAX 813–570–5364.

SUPPLEMENTARY INFORMATION: The U.S.

Atlantic swordfish fishery is managed

under the Fishery Management Plan for

Atlantic Swordfish. Regulations at 50

CFR part 630 are issued 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

implement the recommendations of

ICCAT.

ICCAT has identified two

management units for Atlantic

swordfish; the one comprises fish

occurring north and the other fish

occurring south of a dividing line

designated at 5° N. latitude. ICCAT has

noted that high levels of fishing effort

over the last several decades have led to

a decline in the North Atlantic

swordfish stock. In recent years, the

South Atlantic swordfish stock has been

under increased fishing pressure, and

biomass of that stock may also be

declining. ICCAT has recommended
Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 / Proposed Rules 31711

management measures, including catch

quotas and minimum size limits, to

reduce fishing mortality for both the

north and south Atlantic swordfish

stocks. Management measures contained

in this proposed rule would implement

the most recent recommendation of

ICCAT with respect to quotas for the

south Atlantic swordfish stock.

South Atlantic Swordfish Quota

A 1994 ICCAT recommendation

established a 188–metric ton (mt)

dressed weight (dw) [250 mt whole

weight (ww)] South Atlantic swordfish

quota for participating countries that

had 1993 and 1994 harvest levels below

the 188–mt dw threshold. Other

contracting parties, whose catches

exceeded 188 mt dw, were required to

limit catches to no greater than 1993 or

1994 harvest levels, whichever was

higher. The 1997 quota for U.S.-flagged

vessels operating south of 5o N. latitude

was based on the best scientific

information available at the time the

quota was established (62 FR 55537,

October 24, 1997), which indicated that

U.S. swordfish catches had not

exceeded the 188–mt threshold.

However, information has subsequently

become available indicating higher U.S.

fishing effort and catch in South

Atlantic waters during 1993 and 1994.

At the November 1997 meeting,

ICCAT recommended that contracting

parties identified as minor harvesting

nations (including the U.S., Portugal

and Korea) limit catch of South Atlantic

swordfish to the levels of recent years,

a portion estimated at 5.5 percent of the

total South Atlantic catch. Given the

total recommended quota of 14,620 mt

ww, the maximum catch allocated to

minor harvesting contracting parties is

804 mt ww. ICCAT did not make any

allowances for a carryover of 1997 quota

overharvest or underharvest to the 1998

fishing year.

As a result of the renegotiated catchsharing agreement, the U.S. quota for

the South Atlantic can be revised to

more closely reflect actual harvest levels

during the historical reporting period.

Based on this new ICCAT

recommendation and on the updated

NMFS catch statistics, NMFS has

determined that the South Atlantic

swordfish quota applicable to the U.S. is

289 mt dw (384 mt ww) annually.

Although this proposed quota would be

an increase relative to the 1997 quota,

it would not result in an increase in

catch because it reflects U.S. fishing

effort and catch in 1993 and 1994.

NMFS proposes to implement the

ICCAT recommendation for U.S.-flagged

vessels operating in the South Atlantic

for the 1998, 1999, and 2000 fishing

years with two semi-annual quotas: June

1 through November 30 and December

1 through May 31. Implementation of

the 289–mt dw quota for U.S.-flagged

vessels fishing in the South Atlantic

quota will ensure that allowable U.S.

landings of South Atlantic swordfish are

consistent with approved ICCAT

recommendations and based on the best

available scientific information.

In South Atlantic waters, U.S.-flagged

vessels will continue to be prohibited

from fishing for swordfish with any gear

other than with longline. This

prohibition was imposed in 1997 at the

time the quota was established because

information available to NMFS

indicated that no gear other than

longlines had been operating in the

South Atlantic swordfish fishery during

the historical period. Given the limited

quota available to U.S. vessels,

development of fisheries with new gear

would not have been appropriate then

or will be at this time. Additionally, it

is not anticipated that a significant

directed longline fishery for tunas will

develop in the South Atlantic.

Therefore, no incidental quota is

allocated for the South Atlantic

swordfish stock.

Quota Adjustment Procedures

Current regulations governing the

Atlantic swordfish fishery contain

procedures for adjusting quotas.

Adjustments may affect the overall

quota, the allocation to directed and

incidental catch fisheries, or allocations

to specific gear categories. NMFS may

implement, after prior notice and an

opportunity for public comment,

adjustments between fishing years and

the two semiannual fishing seasons.

Generally, the procedures require that

proportional allocations between fishery

segments are maintained and that

underharvest or overharvest of

suballocations be carried over within

the respective categories.

NMFS proposes revisions to the

procedures to expedite adjustments

involving simple carryover situations

made within a season or between

seasons. Specifically, NMFS proposes

that the requirement to consult with a

swordfish evaluation panel be

eliminated and that within and between

season carryover adjustments be

accomplished by notice action. NMFS

will consult on long-term quota

adjustments necessary to prevent

overfishing with the Magnuson-Stevens

Act advisory panels during discussions

on the need to amend the FMP.

Request for Comments

NMFS requests comment on the

proposed quotas for the South Atlantic

swordfish fishery and the proposed

changes to quota adjustment procedures

for both the North and South Atlantic

swordfish fisheries. Additionally, NMFS

requests comments on two related

issues that concern management of

Atlantic swordfish: The offloading of

swordfish harvested from the South

Atlantic stock during a closure in the

North Atlantic fishery and the use of

trip limits to extend the length of the

North Atlantic swordfish fishery.

Vessel operators fishing in the South

Atlantic have reported to NMFS that

few offloading sites are available to U.S.

vessels south of 5° N. latitude. In some

cases, licensing arrangements could

require reflagging the vessel or hiring a

foreign crew. Under current U.S.

regulations, swordfish harvested from

the South Atlantic stock may be

offloaded at a port north of 5° N.

latitude, provided they are sold to a

licensed dealer. However, while a

closure for the North Atlantic swordfish

fishery is in effect, vessels 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.

latitude with more than the incidental

catch limit on board. Vessels harvesting

more than 15 swordfish in the South

Atlantic during a northern closure must

offload in a port south of 5° N. latitude

or offload in the north after the fishery

reopens. South Atlantic swordfish

offloaded in the north after a reopening,

although assigned to the correct fishing

area, are counted against the subsequent

fishing period. This could lead to an

underharvest in one period while

reducing the quota available in the next

period.

Given the problems U.S. vessel

operators face in landing swordfish from

the South Atlantic stock, NMFS seeks

comment from the industry on practical

solutions. Potential options for

consideration include a single season

for the South Atlantic fishery that

would be set so as to allow more

efficient allocation of fishing effort,

vessel monitoring systems to allow

transit of the closed area with directed

catch of South Atlantic swordfish on

board, revised quota monitoring

procedures to consider not only the area

but also the time of catch as recorded in

logbooks, a requirement to offload

swordfish in a U.S. port, and/or

specified points of offloading, such as

Puerto Rico. NMFS will consider any

additional options presented during the

comment period.

NMFS also seeks comment on the

North Atlantic swordfish directed

fishery trip limit. NMFS implemented a

trip limit of 31,600 lb (14,364 kg) for the
31712 Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 / Proposed Rules

directed swordfish longline fishery in

an interim final rule issued September

8, 1995 (60 FR 46775). The 31,600 lb

(14,364 kg)limit reflected the 90th

percentile of swordfish catch by Grand

Banks trips in 1992 and 1993. The trip

limit was effective for calendar year

1996 only and was considered a shortterm measure to address increased

fishing effort in the face of a declining

swordfish quota. The intent was to

extend the season for the directed

longline fishery and to reduce potential

discard waste, economic disruption, and

safety problems which could result from

a derby fishery. In the long run, NMFS

intends to address these potential

problems, at least in part, through

limited access management (see

proposed rule at 62 FR 8672, February

26, 1997).

In a proposed rule that would

consolidate all highly migratory species

(HMS) regulations (61 FR 57361,

November 6, 1996), NMFS considered

making the trip limit permanent. The

Blue Water Fishermen’s Association

commented that making the 31,600 lb

(14,364 kg) trip limit permanent would

affect only one segment of the swordfish

fishery (the few largest distant-water

vessels) so NMFS should establish

regulations that are fair and equitable to

all participants. The South Carolina

Department of Natural Resources

commented that the proposed

permanent trip limit for vessels in the

directed swordfish fishery seemed to

conflict with the intent of other

proposed actions (quotas, gear, time,

and area allocations being set and

adjusted in one or more annual notices)

and would not deal with the possible

need to adjust the trip limit in

accordance with changing assessments

of stock status.

Making the trip limit permanent

would eliminate the need for annual

regulatory amendments to extend its

effectiveness. To allow for

contingencies, NMFS could also make

the trip limit subject to inseason

adjustments based on cumulative and

projected catch relative to the available

quota. With such flexibility, a trip limit

could be more closely aligned with

actual fishing conditions. When the trip

limit was first implemented, it was

intended that it be subject to inseason

adjustment. Although the preamble to

the interim final rule stated this

intention (60 FR 46776, September 8,

1995), the procedure for inseason

adjustment of the trip limit was

inadvertently omitted from the

regulatory text.

NMFS requests comments on whether

a trip limit is necessary to prolong the

directed swordfish season for either one

or both of the North Atlantic and South

Atlantic fisheries, whether a trip limit

should reflect fishing capacity (e.g.,

length of trip, size of vessel, distance

from shore) and whether a trip limit

should be specified annually and/or be

subject to inseason adjustment. NMFS

will make comments on the swordfish

directed fishery trip limit available to

the HMS, Longline and Billfish

Advisory panels for consideration

during the development of the HMS

Fishery Management Plan.

Classification

This proposed rule is published under

the authority of ATCA and the

Magnuson-Stevens Act. The Assistant

Administrator has preliminarily

determined that the regulations

contained in this rule are necessary to

implement the recommendations of

ICCAT and the domestic management of

the Atlantic swordfish fishery and are

necessary to comply with the Marine

Mammal Protection Act as required by

the Magnuson-Stevens Act.

The Assistant General Counsel for

Legislation and Regulation of the

Department of Commerce has certified

to the Chief Counsel for Advocacy of the

Small Business Administration that the

proposed rule would not have a

significant economic impact on a

substantial number of small entities as

follows:

The proposed specifications would

establish an annual quota of 289 metric tons

dressed weight for U.S.-flagged vessels

operating in the South Atlantic for the 1998,

1999 and 2000 fishing years, divided into

two semi-annual quotas. This quota is

consistent with recent year catch levels and

would not likely increase fishing effort nor

shift activities to new fishing areas. The

streamlined quota adjustment procedures

will reduce the potential for economic

disruptions due to premature closures of the

fisheries.

Because a significant economic

impact is not anticipated by the

implementation of the proposed

regulations, a regulatory flexibility

analysis was not prepared. The

Regulatory Impact Review provides

further discussion of the economic

effects of the proposed rule.

This proposed rule has been

determined to be not significant for

purposes of E.O. 12866.

List of Subjects in 50 CFR Part 630

Fisheries, Fishing, Reporting and

recordkeeping requirements, Treaties.

Dated: June 5, 1998.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

For the reasons set out in the

preamble, 50 CFR part 630 is proposed

to be 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 § 630.24, paragraph (a)(3) is

added; paragraphs (b), and (d) through

(f) are revised; and paragraphs (g) and

(h) are removed to read as follows:

§ 630.24 Quotas.

(a) * * *

(3) A swordfish will be deemed to

have been harvested by a drift gillnet

when it is on board or off-loaded in an

Atlantic, Gulf of Mexico, or Caribbean

coastal state from a vessel using or

having on board a drift gillnet or when

it is on board or off-loaded in an

Atlantic, Gulf of Mexico, or Caribbean

coastal state from a vessel which used

or had on board a drift gillnet during its

current or most recent fishing trip.

(b) Directed-fishery quotas. (1) 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 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.

(2) 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.

(3) The annual directed fishery quota

for the south Atlantic swordfish stock

for the period June 1, 1998, through May

31, 1999, is 289 mt dw and is divided

into two equal semiannual quotas of

144.5 mt dw, one for period June 1

through November 30, 1998, and the
Federal Register / Vol. 63, No. 111 /Wednesday, June 10, 1998 / Proposed Rules 31713

other for the period December 1, 1998,

through May 31, 1999.

(4) The annual directed fishery quota

for the South Atlantic swordfish stock

for the period June 1, 1999, through May

31, 2000, is 289 mt dw and is divided

into two equal semiannual quotas of

144.5 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, 2000, through May

31, 2001, is 289 mt dw and is divided

into two equal semiannual quotas of

144.5 mt dw, one for the period June 1

through November 30, 2000, and the

other for the period December 1, 2000,

through May 31, 2001.

* * * * *

(d) Annual adjustments. (1) As

necessary, NMFS will reevaluate the

annual directed fishery quotas for the

north and south Atlantic swordfish

stocks and the annual incidental catch

quota for the north Atlantic swordfish

stock. NMFS will consider the best

available scientific information

regarding the following factors:

(i) Swordfish stock abundance

assessments;

(ii) Swordfish stock age and size

composition;

(iii) Catch and effort in the swordfish

fishery; and

(iv) Consistency with ICCAT

recommendations.

(2) Except for the carryover provisions

of paragraph (d)(3), of this section,

NMFS will announce any adjustments

to the annual quotas by publication of

a notice in the Federal Register,

providing for a 30-day minimum

comment period. NMFS will prepare a

report of its evaluations, a regulatory

impact review, and an environmental

assessment, and such documents will be

made available to the public. The

Assistant Administrator will take into

consideration all information received

during this comment period and will

publish a final rule in the Federal

Register.

(3) If consistent with applicable

ICCAT recommendations, total landings

above or below the specific north

Atlantic or south Atlantic swordfish

annual quota will be subtracted from, or

added to, the following year’s quota for

that management area. Any adjustments

to the 12-month directed fishery quota

will be apportioned equally between the

two semiannual periods. NMFS will

publish notification in the Federal

Register of any adjustment and of the

apportionment made under this

paragraph (d)(3), of this section.

(e) Inseason adjustments. (1) 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.

(2) If NMFS determines that the

annual incidental catch quota will not

be taken before the end of the fishing

year, the excess quota may be allocated

to the directed fishery quotas.

(3) If NMFS determines that it is

necessary to close the directed fishery,

any estimated overharvest or

underharvest of the directed fishery

quota available immediately prior to

that closure will be used to adjust the

annual incidental catch quota

accordingly.

(4) NMFS will publish notification in

the Federal Register of any inseason

adjustment and its apportionment made

under this paragraph (e).

(f) Gear allocations. If NMFS

determines that the annual or

semiannual directed fishery or

incidental catch quotas must be

adjusted pursuant to paragraph (d) or (e)

of this section, the annual or

semiannual gear quotas will be adjusted

so that the new gear quotas represent

the same proportion (percentage) of the

adjusted quota as they did of the quota

before adjustment, provided such

adjusted gear quotas are consistent with

applicable requirements under the

Endangered Species Act and the Marine

Mammal Protection Act.

[FR Doc. 98–15438 Filed 6–9–98; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[I.D. 060298A]

New England Fishery Management

Council; Public Meeting

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Public meeting.

SUMMARY: The New England Fishery

Management Council (Council) will

hold a 2-day public meeting on June 24

and 25, 1998, to consider actions

affecting New England fisheries in the

exclusive economic zone (EEZ).

DATES: The meeting will be held on

Wednesday, June 24, 1998, at 10 a.m.

and on Thursday, June 25, 1998, at 8:30

a.m.

ADDRESSES: The meeting will be held at

the Peabody Marriott Hotel, 8A

Centennial Drive, Peabody, MA 01960;

telephone (978) 977–9700. Requests for

special accommodations should be

addressed to the New England Fishery

Management Council, 5 Broadway,

Saugus, MA 01906–1097; telephone:

(781) 231–0422.

FOR FURTHER INFORMATION CONTACT: Paul

J. Howard, Executive Director, New

England Fishery Management Council,

(781) 231–0422.

SUPPLEMENTARY INFORMATION:

Wednesday, June 24, 1998

At 9 a.m., the Council will convene a

meeting of its Interspecies Committee to

develop comments on NMFS’ proposed

list of authorized fisheries and gear and

on draft proposed regulations for fishing

vessel buyback programs. The full

Council meeting will begin at 10 a.m.

with discussions on several

experimental fishery proposals for sea

scallops. The Administrator, Northeast

Region, NMFS (Regional Administrator),

will seek public input at this time on a

proposal to allow the use of Atlantic sea

scallop dredge vessels in the Northeast

Multispecies Georges Bank closed areas

to investigate scallop growth, natural

mortality, and population densities and

to collect data that would assist the

Council in the development of a scallop

area management program. The

Interspecies Committee will then review

their comments on the fisheries/gear list

and proposed buyback program

regulations and, if necessary, modify

them based on feedback from the

Council. The Habitat Committee will

approve proposed essential fish habitat

(EFH) designations and alternatives for

American plaice, pollock, redfish,

whiting, sea scallops, Atlantic salmon,

winter and windowpane flounder, and

white hake for purposes of preparing a

public hearing document. The

Committee also will ask for overall

approval of the EFH Amendment public

hearing document.

Thursday, June 25, 1998

The meeting will begin with reports

from the Council Chairman, Executive

Director, Regional Administrator,

Northeast Fisheries Science Center and

Mid-Atlantic Fishery Management

Council liaisons, and representatives of

the Coast Guard and the Atlantic States

Marine Fisheries Commission.

Following reports, the Council will

provide guidance to the Spiny Dogfish

Committee on draft management

measures for inclusion in the fishery