[Federal Register Volume 60, Number 145 (Friday, July 28, 1995)]
[Proposed Rules]
[Pages 38785-38787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18208]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 630 and 678

[Docket No. 950713178-5178-01; I.D. 062695D]
RIN 0648-AI10


Options for Establishing an Interim Permit Moratorium and 
Eligibility Criteria for the Atlantic Swordfish and Shark Fisheries

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

ACTION: Advance Notice of Proposed Rulemaking (ANPR); request for 
comments.

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SUMMARY: NMFS is considering a temporary moratorium on the issuance of 
permits for the Atlantic swordfish 

[[Page 38786]]
and shark fisheries. NMFS announces the availability of a Concept Paper 
entitled ``Towards Rationalization of Fisheries for Highly Migratory 
Species'' and two Supplemental Papers outlining options for a permit 
moratorium in the Atlantic Swordfish and Atlantic shark fisheries, 
respectively. The options discussed are not all-inclusive; suggestions 
for alternative approaches are encouraged.

DATES: Written comments on this ANPR must be received on or before 
August 28, 1995.

ADDRESSES: Requests for copies of the Concept Paper, the Atlantic 
Swordfish Supplement, and the Atlantic Shark Supplement should be 
addressed to Richard B. Stone, Chief, Highly Migratory Species 
Management Division (F/CM4), National Marine Fisheries Service, 1315 
East/West Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Pamela Mace, 301-713-2347.

SUPPLEMENTARY INFORMATION: Historically, the Atlantic swordfish and 
shark fisheries have operated under open access. On August 30, 1991, a 
notice of control date for entry into the Atlantic swordfish fishery 
was published in the Federal Register (56 FR 42982). On February 22, 
1994, a notice of control date for entry into the Atlantic shark 
fishery was published in the Federal Register (59 FR 8457). These 
notices announced that anyone entering the fishery after the control 
date may not be assured of future access to the fishery, if some form 
of limited access were implemented later. The purpose of the notices 
was to promote awareness of potential eligibility criteria for access 
to the fishery and to discourage speculative entry into the fishery. It 
was noted that the Secretary of Commerce could subsequently choose a 
different control date or choose not to use a control date. Regardless, 
the control date was not effective in discouraging speculative entry 
into the fishery. The number of swordfish vessels permitted has since 
increased significantly, from about 750 vessels in 1991 to 1,044 
vessels in 1993 and 1,134 in 1994. Similarly, the number of shark 
permits increased from 1,706 in 1993 to 2,026 in 1994.
    Several factors may have contributed to the increases since the 
published control dates. The recent trend toward limited or controlled 
access in many fisheries has probably prompted many fishermen to 
attempt to establish a ``history'' (by obtaining a permit) in as many 
fisheries as possible, either for speculative purposes or to maintain 
flexibility to participate in alternative fisheries. Another 
consequence of implementing limited access is that the excess fleet 
capacity from limited access fisheries tends to spill over into the 
remaining open access fisheries. Also, in the NMFS Southeast Region, 
which has permitting responsibility for Atlantic swordfish and shark, 
permit application procedures changed in 1992. Prior to 1992, separate 
applications were required for each fishery; in 1992, a combined 
application listing all Southeast-permitted fisheries was implemented. 
This made it far easier for fishermen to apply for multiple permits, 
particularly since there was little additional cost involved. Finally, 
new permit requirements for other fisheries in recent years (e.g., 
snapper-grouper) exposed many fishermen to the combined application 
form for the first time, increasing the probability that multiple 
permits, including swordfish and sharks, would be requested.
    Regardless of the causes, it is evident that there is an excessive 
number of permitted vessels in both the swordfish and shark fisheries, 
because the numbers of permitted vessels in the fisheries have 
consistently been far greater than the number of vessels actively 
participating in the fisheries and reporting landings of swordfish or 
sharks.

Swordfish

    The Fishery Management Plan for Atlantic Swordfish was implemented 
on September 18, 1985, and included a requirement for vessel permits 
beginning January 1, 1986. However, to date, there have been no 
eligibility requirements for obtaining a swordfish permit (e.g., earned 
income requirement). During 1986-91, the number of vessels permitted in 
the fishery fluctuated between approximately 500 and 750 vessels. 
Subsequently, the number of permits has increased to 1,134 by 1994.
    To comply with the 1990 recommendations of the International 
Commission for the Conservation of Atlantic Tunas (ICCAT) regarding 
Atlantic swordfish, NMFS implemented management measures including 
quotas and a minimum size limit on June 12, 1991 (56 FR 26934). The 
total allowable catch (TAC) was initially set at 6.9 million lb dressed 
weight (3,129.8 mt) and was subsequently increased to 7.56 million lb 
dressed weight (3,429.2 mt) on August 4, 1992 (57 FR 34264).
    Although the TAC has not been reached since 1991, this situation 
could reverse dramatically in 1995 (there are already projections 
indicating that, at the present catch rate, the 1995 quota will be 
taken by mid-October). Beginning in 1989-90, some of the most 
productive vessels in the Atlantic fishery began shifting operations to 
the Pacific; however, recently some have returned to the Atlantic. Most 
of these vessels have maintained their ``participation'' in the 
Atlantic fleet by continuing to obtain a swordfish permit each year. If 
additional vessels return, landings would reach TAC levels even 
earlier, compounding problems associated with derby fisheries, such as 
the race for the fish and early closures of the fishery.
    Perhaps more important, the large and increasing number of 
inactive, permitted vessels represents substantial potential for 
increases in fishing effort and overcapitalization. If appreciable 
numbers of these vessels become active in the fishery, for example due 
to declining opportunities in other fisheries, the TAC could be caught 
much sooner, resulting in much shortened fishing seasons for all and 
significant economic impact on those in the fishery.
    Finally, all of these factors relating to excessive harvesting 
capacity are compounded by the need for additional future reductions in 
TAC to achieve stock rebuilding. The most recent stock assessment 
(1994) was more pessimistic than the previous (1992) assessment. The 
analyses indicate that the stock biomass continues to decline and that 
substantial reductions in quota are necessary in the immediate future 
to rebuild the stock to levels that can support the maximum sustainable 
yield. Based on the assessment results, ICCAT has recommended further 
reductions in allowable harvest levels.
    The 1994 ICCAT recommendation for North Atlantic swordfish included 
a recommended 1995 U.S. quota of 6.56 million lb dressed weight (3,970 
mt) and a 1996 quota of 5.79 million lb dressed weight (3,500 mt). 
These levels represent reductions of about 13 percent and 23 percent, 
respectively, from the current TAC. Such reductions contribute to the 
``race for the quota'' and underscore the importance of addressing 
controlled access to the fishery.

Sharks

    Historically, the Atlantic shark fishery has operated under open 
access. The Fishery Management Plan for Sharks of the Atlantic Ocean 
(shark FMP) was implemented on April 26, 1993, and included a 
requirement for vessel permits. There are also eligibility requirements 
for obtaining a shark permit (e.g., an earned income requirement). Many 
of the issues in the 

[[Page 38787]]
shark fisheries are similar to the issues mentioned above for the 
swordfish fisheries. During 1993-1995, the number of vessels permitted 
in the fishery has fluctuated between approximately 1,700 and 2,100 
vessels. There are far more permitted vessels in the fishery than are 
necessary or probably desirable to harvest the available TAC. In April 
1993, quotas were established to rebuild the stock. The entire 1993 TAC 
was harvested by approximately 250 vessels yet there were 1,706 vessels 
permitted in the fishery in 1993.
    All of the factors relating to excessive harvesting capacity in the 
shark fisheries could be compounded by the potential need for 
additional reductions in TAC to achieve stock rebuilding. The most 
recent shark evaluation workshop (1994) and status update (1995) have 
been more pessimistic than earlier analyses summarized in the shark 
FMP. The analyses indicate that the biomass of large coastal sharks has 
declined substantially and does not appear to be recovering. Reductions 
in quota may be necessary in the immediate future to rebuild the stock 
to levels that can support the maximum sustainable yield. Based on the 
assessment results and comments from the Shark Operations Team, NMFS is 
considering further reductions in allowable harvest levels. Such 
reductions would compound factors contributing to the ``race for the 
quota'' and underscore the importance of addressing controlled access 
to the fishery.

Request for Comments

    NMFS announces the availability of a Concept Paper entitled 
``Towards Rationalization of Fisheries for Highly Migratory Species'' 
and two Supplemental Papers outlining options for a permit moratorium 
in the Atlantic swordfish and Atlantic shark fisheries, respectively. 
NMFS is particularly interested in receiving comments about eligibility 
criteria for participation in the fisheries for the duration of each 
permit moratorium, and the conditions under which the moratorium will 
operate. The options discussed are not all-inclusive; suggestions for 
alternative approaches are encouraged. After consideration of the 
comments, NMFS will decide whether to develop a moratorium for either 
or both fisheries, and will propose alternative features for each 
moratorium if adopted. Any moratorium would be implemented through 
rulemaking (a proposed rule and a final rule).

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

    Dated: July 19, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-18208 Filed 7-27-95; 8:45 am]
BILLING CODE 3510-22-F