[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