[Federal Register Volume 60, Number 174 (Friday, September 8, 1995)]
[Rules and Regulations]
[Pages 46775-46779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22238]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
50 CFR Part 630
[Docket No. 950522139-5219-02; I.D. 042495B]
RIN 0648-AH75
Atlantic Swordfish Fishery; Quotas and Closure of Directed
Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim and final rule; Annual quotas and closure; request for
comments.
-----------------------------------------------------------------------
SUMMARY: By final rule, NMFS amends the regulations governing the
Atlantic swordfish fishery by: 1) Reducing the total allowable catch
(TAC) to 2,984 metric tons (mt); 2) increasing the swordfish bycatch
limit to 15 fish for longline vessels when the directed longline
swordfish fishery is closed; 3) providing authority for NMFS to modify
the bycatch limit; 4) increasing the minimum notice of a closure to 14
days; and 5) reducing the minimum days allowed for the public comment
on proposed quota adjustments to 30 days. By interim rule, NMFS amends
the regulations to establish a 1996 trip limit of 31,600 pounds (lb)
(14,334 kg) dressed weight of swordfish. 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) and to provide authority to
NMFS to make adjustments to the trip limits. NMFS also announces a
closure of the directed swordfish fishery for longliners.
DATES: Effective September 8, 1995. The closure for the directed
longline fishery for swordfish is effective from 12 noon on October 31,
1995 through 11:59 p.m. December 31, 1995.
Comments on the 1996 trip limits must be submitted by November 1,
1995, and will be considered in establishing final trip limits.
ADDRESSES: Copies of an Environmental Assessment/Regulatory Impact
Review (EA/RIR) supporting this action may be obtained from Richard B.
Stone, Chief, Highly Migratory Species Management Division, Office of
Fisheries Conservation and Management, National Marine Fisheries
Service, 1315 East-West Highway, Silver Spring, MD 20910. Comments on
the interim rule for trip limits should be sent to the same address.
FOR FURTHER INFORMATION CONTACT: Ronald G. Rinaldo or Rebecca Lent,
301-713-2347, fax 301-713-0596.
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.
Background information about the need for revisions to the
regulations governing the Atlantic swordfish fishery was provided in
the notice of proposed rulemaking (60 FR 29543, June 5, 1995) and is
not repeated here.
These regulatory changes will improve NMFS' ability to implement
the ICCAT recommendations and further the management objectives for the
Atlantic swordfish fishery. NMFS has re-evaluated 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. The final
regulations are summarized as follows:
1. Total Allowable Catch (TAC)
NMFS is decreasing the annual TAC by 449 mt to 2,984 mt. All
weights are in dressed weight of swordfish, unless indicated otherwise.
The TAC is divided between a directed-fishery quota of 2,730 mt and a
bycatch quota of 254 mt. The directed-fishery quota is 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 is further subdivided into a drift gillnet quota of
[[Page 46776]]
27 mt and a longline and harpoon quota of 1,338 mt. This allocation by
gear types employs the same percentages that were in effect in 1994.
NMFS estimates that approximately 113 mt of swordfish semiannually
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 semiannual landing quota for the
longline and harpoon swordfish fishery is the semiannual catch quota of
1,338 mt minus the estimated semiannual dead discards of 113 mt, or
1,225 mt for each of the two semiannual periods.
Following a closure of the directed longline fishery, any
overharvest or underharvest will be added or subtracted, respectively,
to the bycatch reserve of 254 mt. The ability to add or subtract
underage or overage ensures that the United States will abide by ICCAT
quotas while meeting the requirement under ATCA to provide U.S.
fishermen with a reasonable opportunity to harvest their full quota.
NMFS has no new information sufficient to justify changes in the
existing 10 mt special set-aside quota for harpoon gear.
2. Swordfish Bycatch in the Non-Directed Fishery
There are no new data or analyses that indicate a need for revision
to the existing bycatch limits of five swordfish per trip in the squid
trawl fishery and two swordfish per trip for all other bycatch
fisheries, except the non-directed season in the longline fleet for
1995. Data analyzed by NMFS on longline vessels not directing at
swordfish indicate that an increased bycatch limit of 15 swordfish per
vessel trip would minimize the discards for 75 percent of the trips in
6 of the 7 fishing areas analyzed, without exceeding the bycatch
reserve. Therefore, a bycatch limit of 15 fish per trip is established
for longline vessels during the non-directed fishing season. This
bycatch limit is based, in part, on the estimated period of time during
which the directed fishery will be closed. The rule authorizes the
Assistant Administrator for Fisheries, NOAA (AA) to modify the bycatch
limits based upon the estimated period of time that the directed
fishery is closed as well as the swordfish bycatch in the non-directed
fishery.
3. Trip Limits
The reduced TAC and additional fishing capacity in the 1996
swordfish fishery will likely result in early closure of the directed
fishery, resulting in economic disruption and hardship to the fleet.
NMFS solicited comments on measures to extend the fishing season,
including possible trip limits. The interim rule imposes a trip limit
for swordfish for permitted longline commercial fishing vessels, and
authorizes the AA to make adjustments in the management measures in
order to achieve Atlantic swordfish management objectives. These
adjustments may include changes in commercial trip limits. Under the
interim trip limit, permitted longline vessels may harvest and possess
up to 31,600 lb (14,334 kg) of swordfish per trip in 1996. This trip
limit is based on the maximum catch of 90 percent of the trips in the
Grand Banks (distant-water) fishing trips in 1992 and 1993. Trip limits
are not defined by vessel type due to the difficulty of classifying
distant-water versus coastal-water vessels. NMFS is soliciting further
comments and suggestions from industry on how to clearly classify and
monitor trip limits by vessel type and/or area fished.
Implementation of this trip limit for permitted vessels is intended
to lower total daily landings, extend the open season, reduce the
possibility that the semiannual quota will be exceeded, and reduce the
waste, economic disruption and safety problems associated with a derby-
style fishery.
4. Other
This rule reduces the minimum number of days allowed for public
comment on proposed adjustments to the annual quota from 45 to 30. This
reduction is intended to help expedite the rulemaking process for the
swordfish fishery, particularly given the relatively brief period
between the ICCAT recommendations and the commencement of the fishing
season. NMFS also requests comments on whether the fishing year should
be changed from January through December to July through June. Such a
change would allow NMFS to implement ICCAT recommendations prior to the
start of the fishing year.
This rule also changes the address of the Director, NMFS Southeast
Region, whose office has moved.
Finally, this rule increases the minimum notice required for a
closure from 8 days to 14 days, due to the difficulty for distant water
vessels to return to port and offload within 8 days. Thus, a vessel
will have a minimum of 14 days to return to port and offload.
Comments and Responses
1. ICCAT Quota Recommendations
Comment: Many fishery participants stated their concern over the
country swordfish quotas set by ICCAT for 1995 and 1996. Some
commenters suggested that the total quota was set too high to allow for
stock recovery, while others indicated that the 1996 U.S. quota should
be renegotiated, so that countries that did not comply with previous
ICCAT recommendations would be penalized. The 1994 underage should be
added to the 1995 quota.
Response: NMFS agrees that the total swordfish quota for the North
Atlantic may not ensure stock recovery. The swordfish stock assessment
will be reviewed at the 1995 meeting of the Scientific and Statistical
Committee of ICCAT. Pending this review, NMFS is obligated under ATCA
to implement the ICCAT-recommended quotas. The issue of renegotiating
the U.S. quota at ICCAT is beyond the scope of this rulemaking. NMFS
agrees that overage/underage is a useful concept that should be
discussed at the 1995 ICCAT meeting for future implementation.
2. June-July Application of Total Allowable Catch (TAC)
Comment: Some commenters suggested that quotas be applied on a
July-June basis rather than calendar-year basis.
Response: The United States will discuss this issue at ICCAT and
NMFS is seeking additional comment from the public on this issue.
3. Measures to Extend the Fishing Season
Comment: NMFS solicited and received numerous suggestions regarding
methods to extend the fishing season. Several suggestions were made for
extending the fishing season, given the reduced TAC for 1995 and 1996
and the increased fishing capacity due to the return of highliners that
had left the Atlantic over the past 4 years to operate in the Pacific.
These suggestions included trip limits, seasonal closure of the
directed fishery, and establishment of set-aside quotas; the bulk of
these were to be applied by vessel size, operation (distant-water
versus coastal-water), or by region. There was considerable concern
that the landings of larger, distant-water vessels would result in a
closure of the fishery, with detrimental effects on smaller operators
that provide year-round fresh and high-quality fish. Others were
concerned that whatever is done be done equitably and not to the
detriment of the distant water fleet or fishermen in northern areas.
Some commenters suggested that NMFS classify the vessels according to
individual fishing records.
Response: NMFS agrees that the reduced TAC and the additional
fishing
[[Page 46777]]
capacity will result in early closure of the directed fishery,
resulting in economic disruption and hardship to the fleet. The interim
rule establishes a limit of 31,600 lb (14,334 kg) of swordfish per trip
for 1996 for all vessels in all regions. The difficulty of classifying
distant-water vs. coastal-water vessels and of enforcing different trip
limits for them requires the establishment of one trip limit at this
time. There is insufficient analysis to enable classification based on
an individual vessel's past performance. The trip limit is based on 90
percent of the trips taken in the Grand Banks (distant-water) fishery
in 1992 and 1993. The trip limit should extend the season while
affecting only the larger, distant-water vessels, rather than the
smaller, inshore boats that take shorter trips. NMFS will continue to
analyze appropriate trip limits for smaller vessels and vessels in
other geographical regions to determine equitable limits for all
vessels. NMFS will consider comments and suggestions from the industry,
particularly with regards to methods for clearly distinguishing
distant-water versus smaller, inshore vessels, in promulgating final
trip limits for 1996.
4. Swordfish Bycatch in the Non-directed Fishery
Comment: NMFS solicited and received numerous comments on revisions
of the longline bycatch limit during closure of the directed longline
fishery. Commenters indicated that the catch limit during closure of
the directed swordfish fishery should be reviewed in order to minimize
the waste from dead discards and to minimize the economic disruption
and hardship caused by the closure of the directed fishery.
Response: NMFS agrees that the bycatch limit warrants revision
given the high probability of a closure under a reduced TAC and
increased fishing capacity. The final rule establishes a bycatch limit
for longliners of 15 swordfish per trip during the non-directed fishing
season. This limit is based on analysis of catch data for longline
vessels not targeting swordfish. Bycatch by other gear types remains at
the current levels.
5. Undersized Swordfish Discards
Comment: There were numerous comments regarding dead discards of
undersized swordfish. Some commenters indicated that it may be possible
to reduce undersized bycatch through area and season closures, and
possibly gear modifications, including the use of size-selective gear-
types such as harpoons. Comments were made regarding the Second Harvest
Program; some feel the program should be implemented while others are
concerned about the possible problems due to lack of observers and tax-
saving incentives.
Response: NMFS continues to support research and analysis that
would provide information on how to reduce the catch of undersized
swordfish. This reduction is increasingly critical given the reduced
TAC and increased fishing capacity. NMFS believes that this issue
should be addressed at ICCAT and will raise the issue at the ICCAT
Advisory Committee meeting. Regarding Second Harvest, NMFS is
proceeding with this program under strict observation and enforcement
requirements.
6. Limited Access for the Atlantic Swordfish Fishery
Comment: Many commenters reiterated the long-standing request on
the part of some industry participants to implement limited access in
the swordfish fishery and feel that NMFS should implement limited
access for the Atlantic swordfish fishery as soon as possible. Some
firms may go out of business unless limited access is implemented by
1996.
Response: NMFS has published an Advance Notice of Proposed
Rulemaking announcing the availability of discussion papers on limited
access options for the Atlantic swordfish and shark fisheries, as well
as a concept paper on rationalization of fisheries for Atlantic highly
migratory species. These discussion papers will serve as the basis for
proposed rulemaking on limited access in these fisheries in the fall of
1995.
7. Procedures for Fishery Closures
Comment: Numerous comments were offered on the optimal method for
announcing and implementing a closure of the directed fishery.
Announcement of a closure should be made at least 14 days in advance,
and provide an additional 14-day period for offloading the catch.
Response: NMFS agrees that adequate closure notification is
necessary to prevent market gluts as well as safety problems with
closure announcements. This rule increases the minimum notice of a
closure from 8 to 14 days. Thus, once NMFS issues a closure notice, a
vessel will have a minimum of 14 days to return to port and offload. At
this time, NMFS is not providing an additional 14 days to offload
because of enforcement concerns that need further analysis.
Changes from the Proposed Rule
In accordance with a review of the factors specified in 50 CFR
630.24(d), consideration of the comments received, and further analysis
of available data, the following changes were made to the proposed
rule:
1. Swordfish Bycatch in the Non-directed Fishery
The final rule establishes a bycatch limit of 15 fish per trip for
longline vessels during the non-directed fishing season.
2. Trip Limits
The interim rule allows all permitted vessels to harvest and
possess up to and including 31,600 lb (14,334 kg) of swordfish per trip
in 1996.
3. Other
The final rule changes the minimum number of days allowed for
public comment for proposed adjustments to annual quotas from 45 to 30,
and the minimum notification of a closure from 8 days to 14 days.
Closure of the Directed Fishery
The regulations governing the Atlantic swordfish fisheries at 50
CFR 630.25 provide for a specified annual quota (modified to 2,450 mt
dressed weight in this final rule, including estimated dead discards)
to be harvested by the directed longline fishery. NMFS is required,
under Sec. 630.25(a)(1), to monitor the catch and landing statistics
and, on the basis of these statistics, to project a date when the catch
of will equal the quota, and to publish a Federal Register document
announcing the closure. The current projected date on which the
directed Atlantic swordfish catch by the longline fleet is estimated to
reach or exceed the quota is October 31, 1995.
Therefore, NMFS announces that the directed longline fishery for
swordfish is closed at 12 noon on October 31, 1995. During the closure
of the directed longline fishery, aboard a vessel using or having on
board a longline and not having on board harpoon gear, a person may not
fish for swordfish from the North Atlantic stock, and no more than 15
swordfish per trip may be possessed or landed. Beginning at 12:01 p.m.,
October 31, 1995, a non-directed longline fleet fishing season will be
in effect through 11:59 p.m. December 31, 1995. The AA may modify or
close the non-directed longline fleet fishing season upon publication
of notification in the Federal Register.
[[Page 46778]]
Classification
This final rule is published under the authority of ATCA. The AA
has determined that the regulations contained in this 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 at the proposed rule stage that, if adopted, this rule
would not have a significant economic impact on a substantial number of
small entities. That certification remains valid. While the 1995 TAC
represents about a 13-percent reduction from the TAC of the previous 2
years, the allowable catch is slightly higher than last year's catch;
as a result, a regulatory flexibility analysis was not prepared. The
RIR provides further discussion of the economic effects of the final
rule.
This action is exempt from review under E.O. 12866.
NMFS issued a biological opinion under the Endangered Species Act
(ESA) on September 1, 1995, indicating that the level of impact and
marine mammal takes from the longline and harpoon swordfish fishery is
not likely to jeopardize the continued existence of any sea turtle
species or any marine mammal populations. Prior to the beginning of the
1996 drift gillnet fishery, NMFS will conduct a formal consultation on
the fishery under the ESA. Based on the results of the consultation,
NMFS may then conduct a rulemaking to promulgate any protective
measures prior to the beginning of the drift gillnet fishing season.
Since there is no gillnet fishery for the remainder of 1995, no ESA
consultation on the drift gillnet fishery is necessary at this time.
The AA has determined that there is good cause to waive partially
the 30-day delay in effective date normally required by 5 U.S.C.
553(d), because implementing the U.S. ICCAT-recommended quota for 1995
is necessary for achieving management objectives and meeting ICCAT
treaty obligations. The effective date is 7 days from the date of
filing with the Office of the Federal Register.
List of Subjects in 50 CFR Part 630
Fisheries, Fishing, Reporting and recordkeeping requirements,
Treaties.
Dated: September 1, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 630 is 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, the definition for ``Regional Director'' is
revised, and the definition for ``Trip limit'' is added, in
alphabetical order, 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; telephone
813-570-5301, or a designee.
* * * * *
Trip limit means the total allowable take from a single trip as
defined in this section.
* * * * *
3. In Sec. 630.7, paragraph (z) is added to read as follows:
Sec. 630.7 Prohibitions.
* * * * *
(z) Exceed the vessel trip limits specified in Sec. 630.23.
4. In Sec. 630.23, paragraph (d) is added to read as follows:
Sec. 630.23 Harvest limitations.
* * * * *
(d) Vessel trip limits. In 1996, vessels issued a swordfish permit
under Sec. 630.4 may not land from, or possess during, a single trip
more than 31,600 lb (14,334 kg) dressed weight of swordfish, unless a
closure has been effected under Sec. 630.25.
5. In Sec. 630.24, paragraph (b)(1), the first sentence of
paragraph (d)(6), and paragraph (f) are 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, dressed weight, 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, dressed weight, may be landed in this category.
* * * * *
(d) * * *
(6) NMFS will announce any adjustments to the annual quotas by
publication of a proposed rule in the Federal Register, providing for a
minimum of a 30-day comment period. * * *
* * * * *
(f) Inseason adjustments to the bycatch and directed fishery
quotas. (1) If NMFS determines that the annual bycatch quota will not
be taken before the end of the fishing year, the excess quota may be
allocated to the directed-fishery quotas pursuant to the requirements
and procedures in paragraphs (g) and (h) of this section.
(2) If NMFS determines that it is necessary to close the directed
fishery, any estimated overharvest or underharvest directed-fishery
quota available immediately prior to that closure will be applied to
the annual bycatch quota and will be used to adjust the annual bycatch
quota accordingly.
* * * * *
7. In Sec. 630.25, the second sentences of paragraphs (a)(1) and
(a)(2), and paragraph (c)(2)(ii) are revised to read as follows:
Sec. 630.25 Closures and bycatch limits.
(a) * * * (1) * * * The effective date of such notice will be at
least 14 days after the date such notice is filed at the Office of the
Federal Register. * * *
(2) * * * The effective date of such notice will be at least 14
days after the date such notice is filed at the Office of the Federal
Register. * * *
* * * * *
(c) * * *
(2) * * *
(ii) No more than 15 swordfish per trip may be possessed in the
North Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea,
north of 5O N. lat., or landed in an Atlantic, Gulf of Mexico, or
Caribbean coastal state. The Assistant Administrator may modify or
change the bycatch limits upon publication of notice in the Federal
Register pursuant to the requirements and procedures in paragraphs
(a)(1) and (a)(2) of this section. Changes in the
[[Page 46779]]
bycatch limits will be based upon the length of the directed fishery
closure as well as the estimated catch per vessel in the non-directed
fishery.
* * * * *
[FR Doc. 95-22238 Filed 9-1-95; 4:39 pm]
BILLING CODE 3510-22-F