[Federal Register Volume 63, Number 83 (Thursday, April 30, 1998)]
[Rules and Regulations]
[Page 23682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11470]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 630

[I.D. 042398A]


South Atlantic Swordfish Fishery; Fishery Reopening

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

ACTION: Reopening of fishery.

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SUMMARY: Based on projected landings, NMFS closed the south Atlantic 
swordfish fishery effective April 15, 1998. Actual catch reports 
tallied since the closure indicate that the south Atlantic swordfish 
quota for the period December 1, 1997, to May 31, 1998, has not been 
reached. NMFS therefore reopens the South Atlantic swordfish fishery to 
allow U.S. fishermen to harvest the remaining 1997 South Atlantic 
quota.

DATES: The reopening is effective on April 27, 1998, for vessels 
fishing Atlantic swordfish south of 5 deg. N. Lat.

FOR FURTHER INFORMATION CONTACT: Jill Stevenson, 301-713-2347, or Buck 
Sutter, 813-570-5447.

SUPPLEMENTARY INFORMATION: The U.S. 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.) 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 the International Commission for the 
Conservation of Atlantic Tunas (ICCAT).
    ICCAT has divided the Atlantic swordfish stock into northern and 
southern management units. The south Atlantic swordfish fishery refers 
to those swordfish caught in the Atlantic ocean south of 5 deg. N 
latitude. ICCAT's Standing Committee on Research and Statistics 
estimated that the 1995 fishing mortality rate for south Atlantic 
swordfish was greater than the level that would produce maximum 
sustainable yield. To prevent further increases in fishing mortality, 
ICCAT recommended that contracting parties limit catch of south 
Atlantic swordfish to levels harvested in 1993 or 1994, whichever was 
greater. On October 24, 1997 (62 FR 55357), consistent with ICCAT's 
recommendations, NMFS established a U.S. quota for the for the South 
Atlantic swordfish fishery of 188 mt dressed weight(dw), and 
implemented the same management measures for the South Atlantic 
swordfish fishery as were in place for the North Atlantic swordfish 
fishery (i.e., logbook reporting, permitting, minimum size, transfer-
at-sea, etc.).
    Regulations governing the south Atlantic swordfish fishery at 
Sec. 630.24 divide the annual quota into semiannual quotas of 94 mt for 
each of two fishing periods (June 1 through November 30 and December 1 
through May 31). NMFS is required, under Sec. 630.25(a)(1), to monitor 
landings statistics and, on the basis of these statistics, to project a 
date when the catch will equal the quota, and to announce a closure of 
the fishery by publication of a notice in the Federal Register.
    In 1996, ICCAT adopted compliance measures such that member nations 
could be subject to trade restrictions and reduced quotas equal to a 
minimum of 125 percent of the excess harvest if North Atlantic 
swordfish quotas are repeatedly exceeded. In 1997, ICCAT extended these 
compliance measures to the South Atlantic swordfish fishery. Given the 
compliance recommendations, it is necessary for NMFS to closely monitor 
harvest rate in the south Atlantic swordfish fishery.
    Reporting of swordfish landings by U.S.-flagged vessels in Atlantic 
waters south of 5 deg. N lat. was not required until the 1997 fishing 
year; therefore, past fishing effort was difficult to estimate for the 
purpose of projecting a closure date. However, limited logbook data 
from 1996 and 1997 indicated that a significant increase in landings 
could be expected during February and March. Therefore, NMFS announced 
that the directed South Atlantic swordfish fishery would close at 6 
p.m., local time, on April 15, 1998. The estimate was conservative to 
reduce the risk of exceeding U.S. swordfish quotas, which could invoke 
ICCAT penalties. However, actual reported landings of swordfish in the 
South Atlantic swordfish fishery through March 31, 1998, in the second 
semiannual season total 22.5 mt(49,623 lbs) dw.
    The ICCAT quota recommendation for the 1997 fishing year, and the 
U.S. regulations to implement it, did not provide for carryover to the 
1998 fishing year of any unharvested fish. To provide U.S. vessels 
additional fishing opportunity, NMFS reopens the fishery for Atlantic 
swordfish south of 5 deg. N. latitude effective Monday, April 27, 1998. 
This reopening announcement provides ample time for vessels to travel 
to the south Atlantic fishing areas and to fish for swordfish prior to 
the end of the 1997 season on May 31, 1998.
    Vessel operators who resume fishing for swordfish in the south 
Atlantic fishery are reminded that the closure for the north Atlantic 
swordfish fishery (63 FR 12687, March 16, 1998) remains in effect 
through June 1, 1998. During a closure of the north Atlantic swordfish 
fishery, any vessels north of 5 deg. N latitude are limited to an 
incidental catch of no more than 15 swordfish per trip. Thus, vessels 
fishing in the south Atlantic may not transit north of 5 deg. N. lat. 
with more than the incidental catch limit aboard. Vessels harvesting 
more than 15 swordfish in the south Atlantic must offload in a port 
south of 5 deg. N. lat. or offload in the north after June 1, 1998. 
However, swordfish offloaded after June 1 will be counted against the 
1998 fishing year. Swordfish offloaded north of 5 deg. N. lat., must be 
sold to a permitted swordfish dealer, regardless of ocean area of 
catch.

Classification

    This action is taken under 50 CFR 630.24 and 50 CFR 630.25(a) and 
is exempt from review under E.O. 12866.

    Authority: 16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: April 24, 1998
Bruce C. Morehead,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 98-11470 Filed 4-24-98; 5:10 pm]
BILLING CODE 3510-22-F