[Federal Register Volume 61, Number 235 (Thursday, December 5, 1996)]
[Rules and Regulations]
[Pages 64486-64487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30932]


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DEPARTMENT OF COMMERCE
50 CFR Part 630

[Docket No. 960314073-6335-03; I.D. 112696C]
RIN 0648-AI23


Atlantic Swordfish Fishery; Drift Gillnet Emergency Closure

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

ACTION: Fishery closure and final rule.

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SUMMARY: NMFS closes the drift gillnet fishery for swordfish in the 
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, from 
December 1, 1996, through May 29, 1997. NMFS has reinitiated 
consultation under the Endangered Species Act for Atlantic swordfish 
fisheries due to new information concerning the status of the northern 
right whale. This closure will ensure that no irreversible and 
irretrievable commitment of resources is made that has the effect of 
foreclosing the formulation or implementation of any reasonable and 
prudent alternative measures while the consultation on this fishery is 
pending.

EFFECTIVE DATES: The closure will be effective from December 1, 1996, 
through 2400 hours, local time, May 29, 1997. The amendment to part 630 
will be effective November 29, 1996.

FOR FURTHER INFORMATION CONTACT: John Kelly, 301-713-2347.

SUPPLEMENTARY INFORMATION: The Atlantic swordfish fishery is managed 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas 
Convention Act (16 U.S.C. 971 et seq.). Because this is a Federally 
managed fishery, it is subject to the requirements of section 7 of the 
Endangered Species Act (ESA), which provides for a consultation to 
ensure that threatened or endangered species are not jeopardized. NMFS 
reinitiated consultation on the Atlantic swordfish fisheries on 
September 25, 1996, due to new information concerning the status of the 
northern right whale (Eubaleana glacialis).

[[Page 64487]]

During the winter of 1995-1996, an unprecedented number of right whale 
deaths (6-7) were reported from the Southeast right whale critical 
habitat/calving grounds off Georgia and Florida. Although these 
mortalities are not attributed to the driftnet fishery, this 
information changed the environmental baseline upon which all previous 
section 7 consultations had been conducted. Further, the Incidental 
Take Statement in the February 2, 1996, biological opinion has been 
exceeded for loggerhead turtles. Also, the Atlantic Offshore Cetacean 
Take Reduction Team submitted a draft take reduction plan to NMFS on 
November 25, 1996, which includes recommended measures to reduce 
incidental takes of strategic marine mammal stocks (including right 
whales) to below their Potential Biological Removal level within 6 
months of implementation. Right whale entanglements have been 
documented in this fishery and the potential exists for entanglements 
to occur in the swordfish drift gillnet fishery during the winter 
months of December - April. The possibility of 15 driftnetters 
operating in the winter months may result in significant interactions 
with several species of whales including right and humpback whales, as 
well as ridley and loggerhead turtles. Given that this fishery has had 
documented interactions with right whales and that no measures have 
been implemented to reduce incidental takes of right whales, NMFS 
believes that a closure during the semiannual subquota period of 
December 1, 1996, through May 29, 1997, will ensure that no 
irreversible and irretrievable commitment of resources is made that has 
the effect of foreclosing the formulation or implementation of any 
prudent and reasonable alternative measures while the consultation is 
pending. Hence, NMFS is closing the directed drift gillnet fishery for 
the second semiannual subquota period. This closure will be effective 
through 2400 hours May 29, 1997, or until completion of the 
consultation with the issuance of a biological opinion on the swordfish 
drift gillnet fishery, whichever comes first. If consultation is not 
completed by May 3, 1997, NMFS will review the fishery and determine 
whether the quota can be adjusted in light of NMFS requirements 
pursuant to section 7(d) of the ESA.
    Pursuant to this emergency closure: (1) No one aboard a vessel 
using or having on board a drift gillnet may fish for swordfish from 
the North Atlantic swordfish stock; and (2) no more than two swordfish 
per trip may be possessed on board a vessel using or having on board a 
drift gillnet in the North Atlantic Ocean, including the Gulf of Mexico 
and Caribbean Sea, north of 5 degrees N. lat., or landed in an 
Atlantic, Gulf of Mexico, or Caribbean coastal state. This closure has 
no effect on the swordfish quota in any other quota period.

Classification

    This action is being issued as an emergency rule under section 
305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, 
16 U.S.C. Sec. 1855(c). The Assistant Administrator, NMFS, finds that, 
in order to ensure that no irreversible and irretrievable commitment of 
resources is made that has the effect of foreclosing the formulation or 
implementation of any reasonable and prudent alternative measures while 
consultation under section 7(a) of ESA takes place on this fishery, 
good cause exists to waive the requirement to provide prior notice and 
an opportunity for public comment, under authority at 5 U.S.C. 
Sec. 553(b)(B), as such procedures would be contrary to the public 
interest. For the same reason, there is good cause, under authority at 
5 U.S.C. Sec. 553(d)(3), to waive the requirement for a 30-day delay in 
effectiveness. Finally, as notice and an opportunity for public comment 
are not required by 5 U.S.C. Sec. 553, or any other law, the analytical 
requirements of the Regulatory Flexibility Act, 5 U.S.C. Sec. 601 et 
seq., are inapplicable. This action is exempt from review under E.O. 
12866.

List of Subjects in 50 CFR Part 630

    Fisheries, Fishing, Reporting and recordkeeping requirements, 
Treaties.

    Dated: November 29, 1996.
Gary Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
    For the reasons set forth 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. 630.7, paragraph (aa) is added to read as follows:


Sec. 630.7  Prohibitions.

* * * * *
    (aa) Notwithstanding any other provision of part 630, (1) no one 
aboard a vessel using or having on board a drift gillnet may fish for 
swordfish from the North Atlantic swordfish stock; (2) no more than two 
swordfish per trip may be possessed on board a vessel using or having 
on board a drift gillnet in the North Atlantic Ocean, including the 
Gulf of Mexico and Caribbean Sea, north of 5 degrees N. lat.; and (3) 
no more than two swordfish per trip may be landed from a vessel using 
or having on board a drift gillnet in an Atlantic, Gulf of Mexico, or 
Caribbean coastal state.
[FR Doc. 96-30932 Filed 11-29-96; 4:44 pm]
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