[Federal Register Volume 60, Number 107 (Monday, June 5, 1995)]
[Proposed Rules]
[Pages 29543-29545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13685]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 630

[Docket No. 950522139-5139-01; I.D. 042495B]
RIN 0648-AH75


Atlantic Swordfish Fishery; 1995 Quotas

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

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes to change the total allowable catch (TAC) for 
the Atlantic swordfish fishery in accordance with the framework 
procedure of the regulations. This rule proposes a reduction of the 
directed-fishery TAC to 1,365 metric tons (mt) dressed weight for each 
of two semiannual periods, each of which would be divided into a drift 
gillnet quota of 27 mt and a longline and harpoon quota of 1,338 mt. 
The amount of the semi-annual longline and harpoon quota allowed to be 
landed would be 1,225 mt--the semi-annual quota amount less 113 mt, the 
estimated weight of undersized swordfish that [[Page 29544]] would be 
discarded dead semi-annually. The intent of this action is to protect 
the swordfish resource while allowing harvests of swordfish consistent 
with the recommendations of the International Commission for the 
Conservation of Atlantic Tunas (ICCAT). NMFS is also soliciting comment 
on alternative management strategies for extending the fishing season.

DATES: Comments on this proposed rule must be received on or before 
July 17, 1995.

ADDRESSES: Copies of documents supporting this action may be obtained 
from and comments on the proposed rule should be sent to Richard H. 
Schaefer, Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service, 1315 East-West Highway, Silver 
Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Richard B. Stone, 301-713-2347.

SUPPLEMENTARY INFORMATION: The 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 Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.) (Magnuson Act) 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 ICCAT.
    NMFS has reevaluated the annual TAC, the annual directed-fishery 
quota, the annual bycatch quota, bycatch limits in the non directed 
fishery, and the harpoon gear set-aside quotas in the Atlantic 
swordfish fishery in accordance with the procedures and factors 
specified in 50 CFR 630.24(d), including consideration of the latest 
stock assessment and recommendations of ICCAT. ICCAT's Standing 
Committee on Research and Statistics conducted a stock assessment of 
North Atlantic swordfish in November, 1994. The assessment report 
indicates the North Atlantic swordfish stock is overfished, stock 
biomass continues to decline, and a large reduction in yields is 
necessary in the immediate future if the stock is to be rebuilt to the 
level that supports maximum sustainable yield.
    Based on the assessment findings, ICCAT adopted recommendations 
that include country-specific quotas that will reduce catch levels for 
the major harvesting nations. The recommended 1995 quota for the United 
States is 3,970 mt whole weight (2,984 mt dressed weight). Estimates of 
swordfish discarded dead are now included in the total catch quota.
    In accordance with a review of the factors specified in 50 CFR 
630.24(d), NMFS proposes for 1995 a decrease in TAC of 449 mt to 2,984 
mt. All weights in this proposed rule are in dressed weight of 
swordfish unless indicated otherwise. The proposed TAC would be divided 
between a directed-fishery quota of 2,730 mt and a bycatch quota of 254 
mt. These quotas in 1994 were 3,175 mt and 254 mt, respectively.
    The directed-fishery quota would be divided into two 1,365 mt 
semiannual quotas for each of the 6-month periods, January 1 through 
June 30, and July 1 through December 31. Each of the 1,365 mt 
semiannual quotas would be further subdivided into a drift gillnet 
quota of 27 mt and a longline and harpoon quota of 1,338 mt. This 
allocation by gear types employs the same percentages in effect in 
1994.
    NMFS estimates that approximately 113 mt of swordfish semi-annually 
will be discarded dead, based on estimates from 1992 and 1993, recent 
estimated rates of discards, and expected improvement by the fleet in 
avoiding small fish. Therefore, the semi-annual landing quota for the 
longline and harpoon swordfish fishery would be the semi-annual catch 
quota of 1,338 mt minus the estimated semi-annual dead discards of 113 
mt, or 1,225 mt for each of the two semiannual periods.
    NMFS has no new information sufficient to justify changes in the 
bycatch quota of 254 mt or the existing 10 mt special set-aside quota 
for harpoon gear. Likewise, there were no new data, or new data have 
not been thoroughly analyzed that would warrant revision to the 
existing bycatch limits of 5 swordfish per trip in the squid trawl 
fishery and 2 swordfish per trip for all other bycatch fisheries.
    This rule would revise the address of NMFS Southeast Regional 
Director, which has changed.
    Segments of the industry have expressed concern that it may become 
necessary for NMFS to close some or all segments of the fishery prior 
to the end of the year, causing economic disruption in the industry. 
Therefore, NMFS is soliciting comments on alternative management 
methods that could extend the fishing season, should it appear that the 
second semiannual quota would be exceeded prior to year-end. A variety 
of management methods are available to prevent premature closures, so 
NMFS is requesting comments on the following:
    (1) A set-aside of 227 mt in the second semiannual period reserved 
for the longline fleet. When the quota, less 227 mt, is reached, the 
fishery would be closed. On November 15, the longline set-aside season 
would open until NMFS determines that the set-aside quota is reached;
    (2) A seasonal closure of the directed fishery, such as the month 
of August or September, during which the possession limit would be set 
between 10 to 15 swordfish, rather than the 2 fish possession limit 
imposed after attainment of the quota in the longline fishery;
    (3) Closures by area or region and by week or month to avoid catch 
of small fish in both the directed and incidental fisheries of each 
gear type;
    (4) A catch limit for each vessel, by gear type, for each trip in 
the directed longline and drift gill net fisheries.
    The set-aside option is currently being considered by NMFS for 
implementation by the final rule, but upon consideration of the written 
and public hearing comments, another option may be implemented.
    NMFS is also requesting comment on the closure process for the 
Atlantic swordfish fishery, particularly the lengths of time between 
notification, end of fishing, returning to port, and unloading the 
catch.

Classification

    This proposed rule is published under the authority of the ACTA. 
Preliminarily, the Assistant Administrator for Fisheries, NOAA, has 
determined that the regulations contained in this proposed rule are 
necessary to implement the recommendations of ICCAT and are necessary 
for management of the Atlantic swordfish fishery. 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 proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The 1995 TAC represents about a 13-percent reduction from the TAC of 
the previous 2 years. However, the TAC has not been fully utilized in 
the past 3 years. The overall impact in a fully utilized fishery would 
affect about 200 fishermen and potentially reduce their income by about 
13 percent, provided there is no change in international market 
conditions. Under the TAC, the allowable catch is slightly higher than 
last year's catch; as a result, a regulatory flexibility analysis was 
not prepared.
    This action is exempt from review under E.O. 12866.

List of Subjects in 50 CFR Part 630

    Fisheries, Fishing, Reporting and recordkeeping requirements

    [[Page 29545]] Dated: May 30, 1995.
Gary Matlock,
Program Management Officer, 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. 630.2, ``Regional Director'' is revised to read as 
follows:


Sec. 630.2  Definitions.

* * * * *
    Regional Director means the Director, Southeast Region, NMFS, 9721 
Executive Center Drive North, St. Petersburg, FL 33702-2432.
* * * * *
    3. In Sec. 630.24, paragraph (b)(1) is revised to read as follows:


Sec. 630.24  Quotas.

* * * * *
    (b) * * *
    (1) The annual quota for the directed fishery for swordfish is 
2,730 mt, dressed weight, divided into two semiannual quotas as 
follows:
    (i) For the semiannual period January 1 through June 30--
    (A) 27 mt dressed weight, that may be harvested by drift gillnet; 
and
    (B) 1,338 mt, dressed weight, that may be harvested by longline and 
harpoon. To account for harvested fish that are discarded dead, only 
1,225 mt may be landed in this category.
    (ii) For the semiannual period July 1 through December 31--
    (A) 27 mt, dressed weight, that may be harvested by drift gillnet; 
and
    (B) 1,338 mt, dressed weight, that may be harvested by longline and 
harpoon. To account for harvested fish that are discarded dead, only 
1,225 mt may be landed in this category.
* * * * *
[FR Doc. 95-13685 Filed 6-2-95; 8:45 am]
BILLING CODE 3510-22-F