[Federal Register Volume 61, Number 67 (Friday, April 5, 1996)]
[Proposed Rules]
[Pages 15212-15214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8489]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 630

[Docket No. 960314073-6073-01; I.D. 030896E]
RIN 0648-AI23


Atlantic Swordfish Fishery; Quotas, Minimum Size, and Technical 
Changes

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

ACTION: Proposed rule.

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SUMMARY: NMFS proposes to amend the regulations governing the Atlantic 
swordfish fishery to: Reduce the total allowable catch (TAC) to 2,625 
metric tons (mt) dressed weight (dw) via a split season (June 1 - May 
31), decrease the minimum size to 73 cm (29 inches) cleithrum to caudal 
keel measure and eliminate the trip allowance for undersized fish, and 
make technical changes to ensure consistency of regulations. The intent 
of this action is to protect the swordfish resource while allowing 
harvests of swordfish consistent with recommendations of the 
International Commission for the Conservation of Atlantic Tunas 
(ICCAT).

DATES: Comments on the proposed rule must be submitted on or before May 
2, 1996.

ADDRESSES: Copies of an Environmental Assessment/Regulatory Impact 
Review (EA/RIR) supporting this action may be obtained from William 
Hogarth, Acting 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 regarding the burden-hour estimate or any other aspect of the 
collection-of-information requirement contained in this rule should be 
sent to William Hogarth and to the Office of Management and Budget 
(OMB), (0648-0016), Attention: NOAA Desk Officer, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: William Hogarth, 301-713-2339; 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.) 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.
    The 1994 ICCAT stock assessment for North Atlantic swordfish 
indicated the stock is continuing to decline and that large reductions 
in quotas are required in the immediate future to rebuild the stock to 
levels that can support the maximum sustainable yield. In 1995, the 
Standing Committee on Research and Statistics (SCRS) of ICCAT re-ran 
the stock production model using revised catch data through 1993, and 
results indicated that the North Atlantic swordfish resource has 
continued to decline despite reductions in total reported landings from 
peak values in 1987. Based on the assessment results, ICCAT recommended 
reduced quotas for the major nations fishing for North Atlantic 
swordfish, i.e., the United States, Spain, Canada, and Portugal. For 
1996, the recommended U.S. quota is 3,500 mt whole weight (ww), or 5.8 
million lb dw.
    These proposed regulatory changes would 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 seasonal implementation of this TAC, and the need 
for technical changes to the regulatory text 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 proposed regulations are summarized 
as follows:

1. Total Allowable Catch (TAC)

    NMFS proposes to change the definition of the fishing year for 
purposes of TAC implementation for several reasons. First, establishing 
that the fishing year begins June 1 would facilitate NMFS' 
implementation of ICCAT quotas for all future years by allowing 
additional months following the November ICCAT meeting for the 
regulatory process (scoping, proposed rule, public hearings, final 
rule). Second, this approach would ensure that the domestic swordfish 
fishery would be open during certain critical marketing months, namely 
early July and the December holiday period. Anecdotal evidence 
indicates that if the swordfish fishery is subject to a calendar-year 
quota, closures during December are particularly difficult, not only 
due to the inability to supply the holiday market demand for swordfish, 
but also due to the lack of alternative fisheries (no other tunas, for 
example). There is a high probability that the large coastal shark 
fishery would be closed during that end-of-the-year time period as 
well.
    NMFS proposes to decrease the annual TAC by 359 mt to 2,625 mt, 
which is consistent with the 1994 ICCAT recommendation. All weights are 
in dressed weight of swordfish, unless indicated otherwise. The TAC 
would be divided between a directed-fishery quota of 2,371 mt and a 
bycatch quota of 254 mt. The directed-fishery quota would be divided 
into two 1,185.5 mt semiannual quotas for each of the 6-month periods, 
June 1 through November 30, and December 1 through May 31. Each of the 
1,185.5 mt semiannual quotas would be further subdivided into a drift 
gillnet quota of 23.45 mt and a longline and harpoon quota of 1,162.05 
mt. This allocation by gear types uses the same percentages that were 
in effect in 1995.
    NMFS estimates that approximately 97.6 mt of swordfish semiannually 
will be discarded dead, based on the rate used in 1995. Therefore, the 
semiannual landing quota for the longline and harpoon swordfish fishery 
would be the semiannual catch quota of 1162.05 mt minus the estimated 
semiannual dead discards of 97.6 mt, or 1,064.44 mt for each of the two 
semiannual periods.
    Following a closure of the directed longline fishery, any 
overharvest or underharvest would 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 would abide by ICCAT 
quotas.
    NMFS has no new information sufficient to justify changes in the 
existing 10 mt special set-aside quota for harpoon gear.

2. Bridge Period TAC

    Because a split season is proposed, a bridge period TAC must be 
determined for the first 5 months of 1996. NMFS proposes a TAC equal to 
five twelfths of the 1995 U.S. quota, which is equivalent to 1,149.5 mt 
(106 mt bycatch, 1021 mt longline, and 22.5 mt drift gillnet).
    Quota for this bridge period plus the first semiannual quota result 
in a January 1-December 1 quota of 2,364.4 mt dw, or approximately 
3,144.6 mt round weight, which is 355 mt less than the 3,500 mt 
calendar-year quota set by ICCAT. Since it is unlikely that December 
1996 landings will exceed 355 mt, implementation of the split season 
with the five twelfths bridge

[[Page 15213]]
period TAC also meets the ICCAT calendar year quota requirements.

3. Alternative Minimum Size

    This proposed rule would implement the ICCAT-recommended 
alternative minimum size of 119 cm lower jaw fork length with a zero 
tolerance for undersized fish. Therefore, the current tolerance of 
undersized fish (15 percent by number per trip) would be eliminated. 
The minimum size is equivalent to a cleithrum to caudal keel measure 
(CK) of 73 cm (29 inches) or 15 kg (33 lb) dw. SCRS research shows that 
this reduced minimum size with zero tolerance is equivalent to the 
alternative recommendation in terms of fishing mortality. This 
alternative would allow U.S. fishermen to harvest smaller fish and may 
reduce the discard rate. It also greatly facilitates enforcement.

4. Technical Changes

    This proposed rule includes changes to the regulatory text 
regarding vessel reporting requirements, in an effort to be consistent 
with changes in the logbook program.

Classification

    This proposed rule is published under the authority of ATCA. The 
Assistant Administrator has preliminarily 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 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. The 1996 TAC represents about a 
12 percent reduction from the TAC of the previous year, which could 
result in short-term potential losses in gross revenue of about $3.2 
million. However, these potential losses will be at least partially 
offset by increases in price due to declining supply (demand is price-
inelastic) and the split season. In addition, pelagic longline vessels 
may redirect fishing effort to Atlantic tunas, dolphin fish, and other 
species, as occurred in the 1995 season. As a result, a regulatory 
flexibility analysis was not prepared. The RIR provides further 
discussion of the economic effects of the proposed rule.
    This action has been determined to be not significant for purposes 
of E.O. 12866.
    Notwithstanding any other provision of law, no person is required 
to respond to nor shall a person be subject to a penalty for failure to 
comply with a collection of information subject to the requirements of 
the Paperwork Reduction Act unless that collection of information 
displays a currently valid OMB Control Number.
    This proposed rule includes changes to the regulatory text 
regarding vessel reporting requirements, in an effort to be consistent 
with changes in the logbook program. However, there are no new 
collection-of-information requirements since the proposed rule simply 
clarifies requirements that have been approved by the Office of 
Management and Budget under Control Number 0648-0016. Public reporting 
burden for this collection of information is estimated to average 2 
minutes for logbook records and trip summaries.
    These estimates include the time for reviewing instructions, 
searching existing data sources, gathering and maintaining the data 
needed, and completing and reviewing the collection of information. 
Send comments regarding this burden estimate or any other aspects of 
this collection of information, including suggestions for reducing this 
burden, to NMFS and OMB (see ADDRESSES).
    NMFS issued biological opinions under the Endangered Species Act on 
September 1, 1995, and on February 2, 1996, indicating that the level 
of impact and marine mammal takes from the longline and harpoon, and 
drift gillnet swordfish fishery is not likely to jeopardize the 
continued existence of any sea turtle species or any marine mammal 
populations.

List of Subjects in 50 CFR Part 630

    Fisheries, Fishing, Reporting and recordkeeping requirements, 
Treaties.

    Dated: April 2, 1996.
Gary Matlock,
Program Manager, 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. 630.5, paragraph (a)(1) is revised to read as follows:


Sec. 630.5  Recordkeeping and recording.

    (a) Fishing vessel reports. (1) The owner and operator of a vessel 
for which a vessel permit has been issued under Sec. 630.4 must ensure 
that a daily logbook form is maintained of the vessel's swordfishing 
effort, catch, and disposition on logbook forms available from the 
Science and Research Director. Such forms must be submitted to the 
Science and Research Director postmarked not later than the 7th day 
after sale of the swordfish off-loaded from a trip. If no fishing 
occurred during a month, a report so stating must be submitted in 
accordance with instructions provided with the logbook forms. Logbooks 
must be kept on board the vessel at all times.
* * * * *
    3. In Sec. 630.7, paragraph (q) is revised to read as follows:


Sec. 630.7  Prohibitions.

* * * * *
    (q) Possess on board a vessel a swordfish that is smaller than the 
minimum size specified in Sec. 630.23(a).
* * * * *
    4. In Sec. 630.23, paragraph (b) is removed, paragraphs (c) and (d) 
are redesignated as paragraphs (b) and (c), respectively, and the first 
sentence of paragraph (a) and the last sentence of newly designated 
paragraph (b) are revised to read as follows:


Sec. 630.23  Harvest limitations.

    (a) Minimum size. The minimum allowable size for possession on 
board a fishing vessel for a swordfish taken from the management unit 
is 29 inches (73 cm) carcass length, measured along the body contour 
(i.e., a curved measurement) from the cleithrum to the anterior portion 
of the caudal keel (CK measurement) or, if swordfish are weighed, 33 lb 
(15 kg) dressed weight. * * *
    (b) * * * A shark-bit swordfish for which the remainder of the 
carcass is less than the minimum size limit specified in paragraph (a) 
of this section may not be landed.
* * * * *
    5. In Sec. 630.24, paragraphs (b)(1), (d)(4), and (e) are revised, 
paragraph (b)(2) is redesignated as paragraph (b)(3), and a new 
paragraph (b)(2) is added to read as follows:


Sec. 630.24  Quotas.

* * * * *
    (b) * * *
    (1) The directed fishery quota for the period January 1, 1996, 
through May 31, 1996, is 1,021 mt dressed weight for the longline 
fishery, 22.5 mt dressed weight for the drift gillnet fishery, and 106 
mt dressed weight for the bycatch fishery.
    (2) The annual quota for the directed fishery for swordfish is 
2,371 mt dressed

[[Page 15214]]
weight, divided into two semiannual quotas as follows:
    (i) For the semiannual period June 1 through November 30:
    (A) 23.45 mt dressed weight, that may be harvested by drift 
gillnet; and
    (B) 1,162.05 mt dressed weight that may be harvested by longline 
and harpoon. To account for harvested fish that are discarded dead, 
only 1064.44 mt dressed weight, may be landed in this category.
    (ii) For the semiannual period December 1 through May 31:
    (A) 23.45 mt dressed weight that may be harvested by drift gillnet; 
and
    (B) 1,162.05 mt dressed weight that may be harvested by longline 
and harpoon. To account for harvested fish that are discarded dead, 
only 1064.44 mt dressed weight may be landed in this category.
* * * * *
    (d) * * *
    (4) Any adjustments to the 12-month directed-fishery quota will be 
apportioned equally between the June 1 through November 30 and December 
1 through May 31 semiannual periods.
* * * * *
    (e) 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.
* * * * *
    6. In Sec. 630.25, the first sentence of paragraph (b) is revised 
to read as follows:


Sec. 630.25  Closures and bycatch limits.

* * * * *
    (b) * * * The procedures of paragraph (a)(1) of this section 
notwithstanding, during the June 1 through November 30 semiannual 
period, swordfish not exceeding 21,500 lb (9,752 kg), dressed weight, 
may be set aside for the harpoon segment of the fishery. * * *
* * * * *
[FR Doc. 96-8489 Filed 4-2-96; 4:45 pm]
BILLING CODE 3510-22-F