[Federal Register Volume 62, Number 108 (Thursday, June 5, 1997)]
[Rules and Regulations]
[Pages 30775-30776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14631]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 630

[Docket No. 960314073-7129-04; I.D. 112696C]
RIN 0648-AI23


Atlantic Swordfish Fishery; Extension of Drift Gillnet Emergency 
Closure

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

ACTION: Correction and extension of fishery closure.

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SUMMARY: On December 5, 1996, NMFS published an emergency rule that 
closed 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, and announced that it had reinitiated 
consultation under the Endangered Species Act (ESA) for Atlantic 
swordfish fisheries. On May 29, 1997, NMFS issued a biological opinion 
(BO) that concluded that the swordfish, shark, and tuna driftnet 
fishery segments of the Atlantic pelagic fishery are likely to 
jeopardize the continued existence of the North Atlantic right whale. 
Two alternatives that would avoid the likelihood of jeopardy were set 
forth in the BO, although NMFS has not identified a preferred 
alternative at this time. This action extends the emergency closure for 
the swordfish drift gillnet fishery for a second period of 180 days 
until November 26, 1997, or until a preferred option to avoid the 
likelihood of jeopardy is identified and implemented. This action also 
corrects the effective date language of the initial emergency closure 
that was published on December 5, 1996, because it inadvertently added 
the codified text of the temporary rule on a permanent basis.

DATES: The correction is effective December 1, 1996. The emergency 
closure extension and the amendment to part 630 are effective from May 
30, 1997, through 2400 hours local time November 26, 1997.

FOR FURTHER INFORMATION CONTACT: John Kelly, 301-713-2347 or Mark 
Murray-Brown, 508-281-9260.

SUPPLEMENTARY INFORMATION: On September 25, 1996, NMFS reinitiated 
consultation under section 7(a) of the ESA on the Atlantic swordfish 
fisheries. While this consultation was underway, an emergency fishery 
closure covering the semiannual subquota period of December 1, 1996, 
through May 29, 1997, was published on December 5, 1996 (61 FR 64486), 
to ensure that no irreversible and irretrievable commitment of 
resources was made that would have the effect of foreclosing the 
formulation or implementation of any prudent and reasonable alternative 
measures while the consultation was pending.
    On May 29, 1997, NMFS issued the BO that concluded that the 
swordfish, tunas, and shark driftnet fishery segments of the Atlantic 
pelagic fishery are likely to jeopardize the continued existence of the 
North Atlantic right whale. NMFS has identified two alternatives for 
these segments of the fishery that would avoid the likelihood of 
jeopardy:
    1. Prohibit the use of driftnet gear in Highly Migratory Species 
(HMS) fisheries, and
    2. Implement actions to allow the restricted use of driftnet gear, 
including general gear restrictions and/or implementation of the 
Atlantic large whale and offshore cetacean take reduction plans.

[[Page 30776]]

    The emergency closure must remain in effect to avoid the likelihood 
of jeopardy until a preferred option is identified and implemented.
    In order to implement one of these options, a rulemaking will have 
to be initiated. Although NMFS has proposed changes to the shark 
driftnet segment of the fishery (April 7, 1997, 62 FR 16519), 
rulemaking has not yet been initiated on the swordfish and tuna 
driftnet segments. As the original emergency rule only closed the 
swordfish drift gillnet fishery, this extension will also only apply to 
the swordfish driftnet component of the fishery. Actions affecting the 
shark and tuna components of the drift gillnet fishery are being 
considered separately.
    The Atlantic Offshore Cetacean Take Reduction Team (AOCTRT) 
submitted a draft take reduction plan to NMFS, on November 25, 1996, 
which included recommended measures to reduce incidental takes of 
strategic marine mammal stocks to below their Potential Biological 
Removal level within 6 months of implementation. The AOCTRT's draft 
plan is complex, requires substantial review, and has significant 
implications for fishery management actions and the drift gillnet 
fishery in particular. Final approval and implementation of the AOCTRT 
plan by NMFS, as well as the pending Large Whale Take Reduction Plan, 
will provide guidance on necessary drift gillnet modifications to avoid 
the likelihood of jeopardy.
    However, the existing emergency closure for the swordfish drift 
gillnet fishery expires on May 29, 1997, and final action on the above 
initiatives will not occur before this date. Therefore, NMFS is 
extending the emergency closure of the drift gillnet swordfish fishery 
for a second period of 180 days through 2400 hours November 26, 1997, 
to ensure that this component of the fishery does not cause jeopardy.
    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 deg. N. lat., or landed in an Atlantic, 
Gulf of Mexico, or Caribbean coastal state.
    A request for comments on the original emergency closure was 
published in the Federal Register on May 14, 1997 (62 FR 26427). 
Comments and responses are summarized below.

Comments and Responses

     Comment: One written and several telephone comments expressed 
support for implementing the AOCTRT plan to eliminate the drift gillnet 
derby fishery.
     Response: NMFS agrees that rulemaking needs to be undertaken to 
address these issues and will consider the AOCTRT plan as one of the 
alternatives for reducing the likelihood of jeopardy.
     Comment: One commenter expressed support for an extension of the 
emergency closure due to the gear's adverse effect on marine mammals 
and endangered species. Furthermore, the commenter expressed belief 
that the gear should be retired permanently as it is non-discriminatory 
and has a bycatch of non-targeted HMS species.
     Response: NMFS is extending the emergency closure for an 
additional 180 days. The management of the drift gillnet segment of the 
pelagics fishery will be determined following review and implementation 
of necessary measures to avoid the likelihood of jeopardy.

Correction

    This action also corrects the effective date language of the 
initial emergency closure that was published on December 5, 1996 (61 FR 
64486). As published, the rule inadvertently added the codified text of 
the temporary rule on a permanent basis.
    Accordingly, the publication on December 5, 1996, of the emergency 
closure (I.D. 112696C) that was the subject of FR Doc. 96-30932 is 
corrected as follows:
    On page 64486, in the third column, the EFFECTIVE DATES section is 
corrected to read as follows:
    DATES: The closure and the amendments to part 630 will be effective 
from December 1, 1996, through 2400 hours local time, May 29, 1996.

Classification

    This action extends an emergency rule issued under section 305(c) 
of the Magnuson-Stevens Fishery Conservation and Management Act, 16 
U.S.C. 1855(c). 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, the Assistant Administrator for 
Fisheries, NOAA, under authority at 5 U.S.C. 553(d)(3), for good cause 
found that this rule can be made effective immediately. This action is 
exempt from review under E.O. 12866.

    Dated: May 30, 1997.
Rolland A. Schmitten,
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 deg. 
N. lat.
    (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. 97-14631 Filed 5-30-97; 4:51 pm]
BILLING CODE 3510-22-F