[Federal Register Volume 63, Number 111 (Wednesday, June 10, 1998)]
[Proposed Rules]
[Pages 31710-31713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15438]


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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.

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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 East-West 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 deg. 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

[[Page 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 5<SUP>o </SUP>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 catch-sharing 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 deg. 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 deg. 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 deg. 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 deg. 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

[[Page 31712]]

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 90<SUP>th</SUP> 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 short-term 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 Sec. 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:


Sec. 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

[[Page 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