[Federal Register Volume 59, Number 164 (Thursday, August 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20972]


[[Page Unknown]]

[Federal Register: August 25, 1994]


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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 940826-4226] [I.D. 071294B]

 

Atlantic Swordfish Catches by Minor Harvesting Nations; Possible 
Restrictions on Imports

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

ACTION: Notice; request for comments.

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SUMMARY: NMFS has been asked to conduct an investigation with respect 
to invoking restrictions on swordfish imports under the provisions of 
the Atlantic Tunas Convention Act (ATCA or the Convention). This 
document provides background information concerning this request and 
solicits comments to be considered in the NMFS investigation of the 
issue.

DATES: Comments must be received by September 14, 1994.

ADDRESSES: Comments should be directed to: Dr. Kevin Chu, Office of 
International Affairs, Room 14247, National Marine Fisheries Service, 
1315 East-West Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Kevin Chu at (301) 713-2276 or Richard 
Stone at (301) 713-2347.

SUPPLEMENTARY INFORMATION: Blue Water Fishermen's Association asked 
NMFS to conduct an investigation with respect to invoking restrictions 
on swordfish imports under the provisions of the ATCA. The request 
expressed concern about fisheries developing in Canada, as well as in 
the Caribbean and Latin America. It included information showing a 37-
percent decline in U.S. catches from 1988 to 1992 and a 72-percent 
increase in Canadian landings during the same period. The request also 
expressed a concern that Canadian vessels were apparently expanding 
operations into tropical regions and Bermuda. It expressed the belief 
that NMFS should conclude that the apparent absence of effective 
Canadian regulations to control harvest (fishing mortality) has 
undermined the effectiveness of the International Commission for the 
Conservation of Atlantic Tunas (ICCAT or the Commission) swordfish 
management program and has jeopardized what was predicted as a 
reasonable probability of a stock increase based on the 1992 swordfish 
stock assessment by ICCAT.
    In response to the request, NMFS has undertaken an investigation 
pursuant to the ATCA, which could lead to the prohibition of swordfish 
imports from certain countries. As part of this investigation, NMFS has 
had a series of formal and informal exchanges with the Department of 
Fisheries and Oceans in Canada on swordfish catches and on Canadian 
vessels fishing outside its exclusive economic zone.
    NMFS also has conducted a series of investigations about Canadian-
harvested tuna shipped through Bermuda and has collated import data 
from a number of countries fishing for swordfish in the Atlantic. This 
notice explains the legal basis for the investigation, provides 
background information, and seeks additional information.

Regulations Implementing the ATCA

    Regulations implementing the ATCA are published at 50 CFR 285, 
subpart D. They direct NOAA, with the approval of the Secretary of 
Commerce and with the concurrence of the Secretary of State, to 
prohibit: (1) The entry into the United States of fish in any form of 
those species which are subject to regulation pursuant to a 
recommendation of the ICCAT and which were taken from the ICCAT 
regulatory area ``in such manner or in such circumstances as would tend 
to diminish the effectiveness of the conservation recommendations of 
the Commission''; and (2) the entry into the United States, from any 
country when vessels of such country are being used in the conduct of 
fishing operations in the regulatory area in such manner or in such 
circumstances as would tend to diminish the effectiveness of the 
conservation recommendations of ICCAT, of fish in any form of those 
species which are subject to regulation pursuant to a recommendation of 
the Commission and which were taken from the ICCAT regulatory area.
    The Assistant Administrator for Fisheries, NOAA (AA) is required to 
make inquiries and investigations, from time to time, so as to keep 
informed of the nature and effectiveness of the measures for the 
implementation of the Commission's recommendations concerning those 
activities which are being carried out by foreign countries whose 
vessels engage in fishing within the ICCAT regulatory area. The AA also 
must undertake an investigation when a member of the public submits a 
proper request. There are three related issues that the AA must 
consider:
    1. Whether fish in any form are being taken in a manner or under 
such circumstances that would tend to diminish the effectiveness of the 
conservation recommendations of ICCAT,
    2. Whether a country is condoning the use of vessels in the conduct 
of fishing operations in the ICCAT regulatory area in such a manner or 
under such circumstances that would tend to diminish the effectiveness 
of the conservation recommendations of ICCAT, or
    3. Whether a country is condoning the use of vessels in repeated 
and flagrant fishing operations which seriously threaten the 
achievement of the objectives of the ICCAT recommendations.
    In conducting the investigation, the AA is to take into account, 
among other considerations as may be pertinent:
    1. Whether the country provides to ICCAT pertinent statistics on a 
timely basis;
    2. Whether the country has in force conservation measures 
applicable to its own fishermen adequate for the implementation of the 
Commission's recommendations;
    3. Whether the country has in force measures for the control of 
landing in its ports of species subject to regulations which are taken 
in the ICCAT regulatory area by fishermen of other countries contrary 
to the ICCAT conservation recommendations;
    4. Whether the country, having put conservation measures into 
effect, takes reasonable action to enforce such measures;
    5. The number of vessels of the country which conduct fishing 
operations in the ICCAT regulatory area; and
    6. The quantity of species subject to regulation taken from the 
regulatory area by the country's vessels contrary to the ICCAT 
conservation recommendations and its relationship to: (A) The total 
quantity permitted to be taken by the vessels of all countries 
participating in the fishery; and (B) the quantity of such species 
sought to be restored to the stocks of fish pursuant to the 
Commission's conservation recommendations.

ICCAT Recommendations

    In 1990, ICCAT recognized that swordfish yields were not 
sustainable and that fishing mortality needed to be reduced. As a 
result, six management recommendations were approved. First, mortality 
on fish weighing more than 25 kg was to be reduced 15-percent from 
recent levels, using 1988 as a base year. Mortality reductions could be 
made by reducing catch or by reducing equivalent effort. Second, taking 
and landing of fish smaller than 25 kg was prohibited. Tolerances were 
allowed for incidental small fish catches, provided that small fish do 
not exceed 15-percent of the total number of fish per boat landing. 
Third, all countries directly fishing for swordfish were to limit 
fishing mortality to 1988 catch levels or to an equivalent level of 
effort. Fourth, notwithstanding the first and third recommendations, 
countries with small catches were to keep annual catches at 
``reasonable levels'' and abide by all conservation measures on small 
fish. (This provision applies to Canada, but not to the United States.) 
Fifth, countries not targeting swordfish were to limit incidental catch 
to not more than 10-percent by weight of the total catch. Sixth, ICCAT 
was to encourage cooperation by non-ICCAT members in achieving the 
conservation goals of the ICCAT recommendations.
    The Report of the 1990 ICCAT meeting shows that there was 
considerable discussion of what would constitute ``reasonable levels,'' 
as that term was used in the fourth recommendation, but that term was 
never specifically defined in the recommendation itself. Based upon 
that discussion, the United States understood the term to refer to an 
allowed increase in total country catch of up to 45-percent from its 
1988 catch levels. When the United States introduced the fourth 
recommendation dealing with countries with small catches, Portugal 
supported the proposed wording, since the total impact of allowing the 
countries with smaller catches to increase by 45-percent would be far 
less than the bycatch taken at that time and which would be permissible 
to countries that take swordfish as a bycatch. Canada supported the 
position of Portugal.
    In 1992, ICCAT's swordfish panel recommended that all nations 
fishing for Atlantic swordfish restrict 1993-94 catch levels or fishing 
capacity to recent levels (i.e., 1990-91). The panel also recommended 
that the Standing Committee on Research and Statistics (SCRS) assess 
the impact of conservation measures on the stock at the 1994 meeting.

Fishing Records

    No country filed an objection to either the 1990 or 1992 
recommendations; thus, the recommendations have come into force. As a 
result of the U.S. regulations implementing the ICCAT recommendations, 
U.S. landings have dropped rapidly from an all-time high of 6,385 
metric tons (mt) in 1989 to the following levels for 1990-93, 
respectively: 5,494 mt, 4,255 mt, 3,833 mt, and 2,584 mt. (The 1993 
figure is preliminary.) This is a 60-percent reduction in catch in 4 
years. In terms of the 1990 ICCAT recommendation setting the small fish 
tolerance level at 15-percent by number, the percentage and number of 
small fish landed also have decreased annually and, for the period 
1989-92, were 37.7-percent (65,712 small fish from a total catch of 
174,271), 32.5-percent (46,381 small fish from a total catch of 
142,847), 21.8-percent (21,391 small fish from a total catch of 
98,306), and 7-percent (5,417 small fish from a total catch of 77,487), 
respectively. Effort has decreased as well. The number of vessels that 
actually have fished has dropped 25-percent from 457 to 334.
    Canadian landings have shown an opposite trend. From 1985-89, 
annual Canadian catches were 585 mt, 1,059 mt, 954 mt, 898 mt, and 
1,247 mt, respectively--well below Canada's self-determined quota of 
3,500 mt for those years. In response to the 1990 ICCAT recommendations 
for swordfish, Canada reduced its self-determined quota to 2,000 mt. 
Since then, Canadian harvests of swordfish have rapidly increased from 
991 mt in 1990, 1,026 mt in 1991, 1,547 mt in 1992, to approximately 
2,322 mt in 1993. This is a 134-percent increase in landings. Prior to 
1992, the last year that Canadian catches exceeded 1,500 mt was in 
1980. The percentage and number of small fish landed have fluctuated 
annually, and, for the period 1989-92, were 16.4-percent (3,445 small 
fish from a total catch of 20,980), 10.7-percent (1,445 small fish from 
a total catch of 13,525), 11.4-percent (1,824 small fish from a total 
catch of 15,988), and 15.5-percent (4,092 small fish from a total catch 
of 26,465), respectively. (Canada's 1993 small catch data was not 
available at the time of printing.)
    Since Canada harvested 898 mt in 1988, a 45-percent increase would 
have been to 1,302 mt. However, Canada's current quota of 2,000 mt is 
an increase of over 120-percent from 1988 levels. Additionally, 
Canada's swordfish harvest in 1993 exceeded this quota by approximately 
322 mt. Canada's quota for 1994 again is set at 2,000 mt.
    In a meeting with the United States on this issue, Canada contended 
that its 2,000 mt quota was within ``reasonable levels'' and disagreed 
with the U.S. view that Canada, a ``minor'' harvesting nation at the 
time the ICCAT recommendations came into force, should limit its 
harvest to a 45-percent increase over its 1988 catch level. Canada 
pointed out that, prior to the health alert of the 1970s that nearly 
closed the fishery, Canadian fisherman were harvesting well over 2,000 
mt. Further, Canada maintained that, until recently, no country had 
objected to its self-determined 2,000 mt quota. Canada argued that its 
quota reduction from 3,500 mt to 2,000 mt was tantamount to compliance 
with the fourth ICCAT recommendation.
    In addition to Canadian swordfish harvests, recent U.S. import 
statistics have raised a concern that certain other countries also may 
be harvesting swordfish in amounts inconsistent with the fourth ICCAT 
recommendation. For example, Grenada increased its exports to the 
United States more than 500-percent since 1990, to 3.29 mt; St. Vincent 
and the Grenadines increased its exports 25-percent since 1992, to 
13.39 mt; and Venezuela, an ICCAT member, has increased its exports 
150-percent since 1990, to 141.5 mt.
    As part of its investigation into alleged noncompliance, NMFS is 
seeking additional information pertaining to the compliance by minor 
swordfish harvesting nations with relevant ICCAT recommendations. The 
texts of the relevant recommendations and U.S. domestic regulations can 
be obtained by contacting NMFS (see ADDRESSES).

Classification

    This document is exempt from review under of E.O. 12866.

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

    Dated: August 19, 1994.
Gary C. Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 94-20972 Filed 8-24-94; 8:45 am]
BILLING CODE 3510-22-F