[Federal Register Volume 62, Number 54 (Thursday, March 20, 1997)] [Rules and Regulations] [Pages 13350-13351] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-6979] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 630 [I.D. 012197D] Atlantic Swordfish Fishery; Quota adjustment; Closure AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Quota adjustment; closure; bycatch limit adjustment. ----------------------------------------------------------------------- SUMMARY: NMFS is reducing the directed fishery quota for the second semiannual swordfish season (December 1, 1996, to May 31, 1997), due to updated estimates of dead discards in 1995 and 1996. The directed fishery quota is reduced from 1,064.4 metric tons (mt) dressed weight to 749.7 mt. Based upon landings to date in the second semiannual season and historical landings, NMFS estimates that this adjusted fishery landings quota will be reached on or before April 12, 1997. Therefore, NMFS closes the directed fishery effective at 12 noon on April 12, 1997. EFFECTIVE DATES: The reduction is effective March 14, 1997 through May 31, 1997. The closure is effective at 12 noon on April 12, 1997, through May 31, 1997. FOR FURTHER INFORMATION CONTACT: Rebecca Lent or James Chambers, 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-Stevens 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 International Commission for the Conservation of Atlantic Tunas (ICCAT). The regulations governing the Atlantic swordfish fisheries at 50 CFR 630.24 provide for a specified annual quota to be landed by the directed fishery. The annual quota is divided into two semiannual quotas for each of the 6-month periods, June 1 through November 1, and December 1 through May 31 (61 FR 27304, May 31, 1996). NMFS is required, under Sec. 630.25(a)(1), to monitor the catch and landings statistics and, on the basis of these statistics, to project a date when the catch will equal the quota, and to publish a Federal Register document announcing the closure. Under Sec. 630.25(b), NMFS is authorized to set aside, during the June 1 through November 30 semi-annual period, swordfish not exceeding 21,500 lb (9,752 kg), dressed weight, for the harpoon segment of the fishery if NMFS determines that the harpoon and longline quota in this semi-annual period will be harvested before the harpoon segment of the fishery has had an opportunity to harvest the set-aside amount (61 FR 34746, July 3, 1996). No set-aside is currently authorized for the December 1 through May 31 semi-annual period. Therefore, this closure is effective for the entire directed swordfish fishery and affects all gear categories. NMFS is authorized, under Sec. 630.25(c)(2), to adjust the longline bycatch allowance of 15 swordfish per trip during a closure of the directed fishery. The bycatch limit of 15 swordfish was reduced to 6 swordfish during the 1995 closure (60 FR 58245, November 27, 1995). However, while this bycatch allowance of 6 fish was effective for a period of less than one month, it still did not prevent the quota from being exceeded. Accordingly, based on the length of the directed fishery closure (April 12 through May 31, 1997) and the remaining available bycatch quota, NMFS believes it is necessary to further reduce the bycatch allowance to 5 swordfish per trip. 1996 Quota Adjustment Estimates of longline swordfish dead discards were included in the calculation of the U.S. quota for landings by longline operators. The 1995 final quota rule (60 FR 46775, September 8, 1995) allocated 2,676 mt to the directed swordfish longline fishery, of which 8.4 percent (226 mt) was projected to be discarded dead, yielding a total landings quota of 2,450 mt for the 1995 fishing year. Final 1995 figures indicate that, in fact, swordfish longline dead discards (394.3 mt) accounted for 14.7 percent of the total catch by weight. Thus, actual longline dead discards exceeded the original projection by 168.3 mt. The directed swordfish longline fishery landings quota for the second 1996 semiannual season (December 1, 1996, to May 31, 1997) is reduced by 168.3 mt to correct for this difference. The 1996 fishing year landings quota for the longline fishery must also be adjusted to account for the higher dead discard rate that actually occurred in the 1995 fishing year. [[Page 13351]] Assuming a discard rate of 14.7 percent, the estimate of dead discards should be revised from 195.2 mt to 341.6 mt, or an increase of 146.4 mt. The total reduction in the 1996 fishing year landings quota for the longline fishery is 168.3 mt plus 146.4 mt, or 314.7 mt. This leaves a total directed landing quota of 749.7 mt for the Atlantic swordfish fishery. Closure of the Fishery The landings of swordfish in the longline fishery in the second semiannual season reached 610 mt by March 1, 1997, leaving 139.7 mt in the landings quota. Additional quota remaining for the second half includes 90 mt from the bridge period quota (January 1-May 31, 1996) and 96 mt from the bycatch quota for 1996. Thus, the total quota remaining as of March 1, 1997, is 325.7 mt (139.7 + 90 + 96 mt). In 1996, landings of swordfish by longliners reached 213 mt in March. If the same rate occurs in March of 1997, this would leave 113 mt for both April and May. During a two month closure of the directed fishery in 1995, with a bycatch limit of 15 fish per trip for November and 6 fish per trip in December, the bycatch of swordfish was estimated to be 64 mt. Under a bycatch limit of 5 fish per trip during the proposed closure, NMFS estimates that 50 mt could be landed during the two month closure, leaving 63 mt available for the directed fishery during April. At the rate of landings which occurred during April 1996 (43 mt per week), 63 mt would allow 11 days of directed fishing prior to the closure. Thus, NMFS estimates that the directed quota for swordfish will be taken on or before April 12, 1997. Therefore, NMFS announces that the directed fishery for swordfish is closed at 12 noon on April 12, 1997. All vessels must be in port with their swordfish offloaded on or before this closing date. This notice provides more than a four week period during which swordfish vessel owners can plan their fishing and sale of landings prior to the closure deadline. During the closure of the directed fishery, a person may not fish for swordfish from the North Atlantic stock, and no more than 5 swordfish per vessel per trip may be possessed or landed incidental to longline fishing for other species. As previously stated, no harpoon fishery set-aside has been established for this semi-annual period. Therefore, a person fishing aboard a vessel using or having aboard harpoon gear may not fish for swordfish from the North Atlantic swordfish stock, and no swordfish may be possessed in the North Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, north of 5 deg. N. latitude, or landed in an Atlantic, Gulf of Mexico, or Caribbean state. Classification This action is required by 50 CFR 630.24(d) and is exempt from review under E.O. 12866. Authority: 16 U.S.C. 971 et seq. Dated: March 14, 1997. Gary C. Matlock, Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 97-6979 Filed 3-14-97; 4:49 pm] BILLING CODE 3510-22-P