[Federal Register Volume 63, Number 188 (Tuesday, September 29, 1998)]
[Rules and Regulations]
[Pages 51856-51858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25928]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 630

[Docket No. 980527137-8237-02; I.D. 121597D]
RIN 0648-AL24


Atlantic Swordfish Fishery; South Atlantic Quotas; Quota 
Adjustment Procedures

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to establish annual quotas for the 
South Atlantic swordfish stock and to amend the regulations governing 
quota adjustment procedures in the Atlantic swordfish fishery. The 
purpose of this action is to improve the conservation and management of 
the Atlantic swordfish resource, while allowing harvests consistent 
with the recommendations of the International Commission for the 
Conservation of Atlantic Tunas (ICCAT).

DATES: All provisions of this final rule are effective October 8, 1998.

ADDRESSES: Copies of the Environmental Assessment/Regulatory Impact 
Review (EA/RIR) supporting this action may be obtained from Rebecca 
Lent, Chief, Highly Migratory Species Management Division, NMFS, 1315 
East-West Highway, Silver Spring, MD 20910. Applications for a delayed 
offloading exempted fishing permit may be obtained from Buck Sutter, 
Highly Migratory Species Management Division, St. Petersburg, FL, (813) 
570-5447.

FOR FURTHER INFORMATION CONTACT: Steve Meyers or Jill Stevenson: 301-
713-2347 or FAX 301-713-1917.

SUPPLEMENTARY INFORMATION: The harvest of Atlantic swordfish by U.S. 
fishermen is managed pursuant to the Fishery Management Plan for 
Atlantic Swordfish. Regulations found at 50 CFR part 630 and issued 
under the authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act) (16 U.S.C. 1801 et seq.) and of 
the Atlantic Tunas Convention Act (ATCA) (16 U.S.C. 971 et seq.) 
implement the plan. Regulations issued under the authority of ATCA 
implement the recommendations of ICCAT.
    Background information about the need for revisions to Atlantic 
swordfish fishery regulations was provided in the preamble to the 
proposed rule (63 FR 31710, June 10, 1998) and is not repeated here.

South Atlantic Swordfish Quota

    In this final rule, NMFS establishes the a South Atlantic swordfish 
quota of 289 mt dw (384 mt ww) for each of the 1998, 1999, and 2000 
fishing years. A single fishing period each year is preferred by 
fishery participants, semi-annual quotas are not established. The 
quotas established are consistant with ICCAT rcommnedations and 
negotiated quota-sharing agreements.
    Reminder: In South Atlantic waters, U.S.-flagged vessels continue 
to be prohibited from fishing for swordfish with any gear other than 
pelagic longline. Following a closure of the directed longline fishery 
in the South Atlantic Ocean, no incidental harvest is allowed. 
Permitting and reporting requirements and minimum size requirements are 
also applicable to the South Atlantic swordfish fishery. Because no 
South Atlantic swordfish quota has been allocated to the recreational 
fishery sector, recreational fishery participants are prohibited from 
fishing for or landing South Atlantic swordfish.

Quota Adjustment Procedures

    In this final rule, NMFS revises quota adjustment procedures to 
expedite adjustments involving simple carryover situations within a 
season or between seasons. Specifically, NMFS willaccomplish within- 
and between-season carryover quota adjustments by notice action. NMFS 
will consult on long-term quota adjustments necessary to prevent 
overfishing and/or to comply with ICCAT recommendations with the 
Magnuson-Stevens Act advisory panels (APs) during annual discussions on 
the need to amend the Fishery Management Plan (FMP).

Other Issues

    In addition to the above measures, NMFS requested comments in this 
rulemaking on two related issues that concern management of Atlantic 
swordfish: (1) The offloading of swordfish harvested from the South 
Atlantic stock during a closure in the North Atlantic fishery and (2) 
the use of trip limits to extend the length of the North Atlantic 
swordfish fishery.

Offloading of Swordfish

    NMFS is continuing the swordfish Vessel Monitoring System (VMS) 
pilot program (63 FR 12687, March 16, 1998), with one modification to 
the offloading provisions applicable during closures of the directed 
swordfish fisheries. Fishermen that apply for and receive an exempted 
fishing permit (EFP) may (1) offload swordfish after a directed fishery 
closure in either the North or the South Atlantic swordfish fishery and 
(2) possess greater than 15 South Atlantic swordfish on board in the 
North Atlantic Ocean during a closure of the North Atlantic directed 
fishery. NMFS intends to issue EFPs to those vessels that purchase, 
install, and operate a VMS unit. To apply for an EFP, fishermen must 
contact NMFS (see ADDRESSES).
    NMFS must implement an ICCAT recommendation that requires 10 U.S. 
vessels to operate VMS units for a 3-year pilot program, beginning in 
1999. Vessels that participate in the swordfish VMS program may be able 
to participate in the ICCAT program as well. NMFS encourages vessels 
that fish on the high seas for swordfish to join voluntarily the ICCAT 
VMS pilot program.

Trip Limits

    Trip limits were implemented on a temporary basis in 1996 to slow 
down catch rates and avoid extended closure periods. In 1997 the trip 
limits lapsed. NMFS received comments on trip limits during the comment 
period of the proposed consolidation of the regulations governing 
highly migratory species (HMS) (61 FR 57361, November 6, 1996) and 
requested comments in connection with the present rule (63 FR 31710, 
June 10, 1998). Based on comments received, NMFS is not implementing 
trip limits in this rulemaking due to the need for further

[[Page 51857]]

analyses. Trip limits will be considered, however, in the draft FMP and 
in subsequent public hearings and AP meetings.

Comments and Responses

    Two written comments were submitted to NMFS and three public 
hearings were held during the comment period.

South Atlantic Swordfish Quota

    Comment: Two commenters supported the 289 mt dw quota allocated to 
the South Atlantic swordfish fishery.
    Response: NMFS agrees.
    Comment: Two commenters stated that a split season is not necessary 
for the South Atlantic swordfish quota. They both suggested that a 
split season may result in unused South Atlantic quota due to the 
nature of the fishery (limited number of vessels, high costs per trip 
due to long travel times). Interest was expressed by a commenter that 
the season should start later in the calendar year than June 1 to 
correspond to the seasonal nature of the South Atlantic fishery. 
Another commenter suggested it might start earlier to allow the distant 
water fleet to take advantage of the high demand for swordfish in early 
July.
    Response: NMFS agrees that a split season is not necessary in the 
South Atlantic fishery and is establishing a single annualfishing 
period for the South Atlantic swordfish fishery. Under this scenario, 
fishing years (and the annual quota) begin June 1 and continue until 
the quota is caught. NMFS recognizes that economic factors determine 
preferences for fishing seasons in different geographic areas and is 
currently considering alternatives in the HMS FMP that would adjust the 
start of the fishing year.

Quota Adjustment Procedures

    Comment: A commenter recommended that NMFS quickly finalize 1997 
landings estimates in order for fishermen to benefit from the carryover 
of unused 1997 North Atlantic and South Atlantic swordfish quotas.
    Response: NMFS agrees. By this rule NMFS is streamlining the quota 
carryover procedures in order to maximize the benefit to swordfish 
fishermen. Under the new procedures carryovers are established by 
notice action rather than by an extended rulemaking action.
    Comment: Two commenters recommended establishing a swordfish 
evaluation panel of industry representatives to improve relations 
between NMFS and the commercial swordfishing industry. They believe 
that a panel would improve the accuracy of swordfish landings 
projections made by NMFS. One commenter indicated that the HMS Advisory 
Panel is a poor replacement for developing a ``reasonable swordfish 
evaluation panel process.''
    Response: NMFS does not believe that the establishment of such a 
panel (which would have to comply with the Federal Advisory Committee 
Act) is warranted. NMFS will consult on long term quota adjustments 
necessary to prevent overfishing with the Magnuson-Stevens Act advisory 
panels during discussions on the need to amend the FMP. For short-term 
carryover adjustments to quotas, options are limited, with reduced need 
for consultation.

Offloading of Swordfish

    Comment: One commenter supported the use of a VMS unit if Spanish 
and Japanese vessels were also required to use one. This commenter was 
concerned about the confidentiality of the information that would be 
collected by NMFS.
    Response: NMFS established a voluntary unilateral swordfish VMS 
program to benefit U.S. fishermen. However, all ICCAT member nations 
must abide by a 1997 ICCAT recommendation for a VMS pilot program by 
1999. Consistent with legal requirements, NMFS maintains 
confidentiality of VMS data submitted to the NMFS

Office of Law Enforcement.

    Comment: One commenter supported allowing vessels with a VMS unit 
on board to transit the North Atlantic Ocean with greater than 15 South 
Atlantic swordfish on board.
    Response: NMFS agrees that offloading of South Atlantic swordfish 
in northern areas provides an economic benefit to swordfish fishermen 
during closures in the North Atlantic. However, NMFS currently requires 
fishermen to obtain an EFP to be able to transit the North Atlantic 
area during a closed period with greater than 15 swordfish on board.

Trip Limits

     Comment: One commenter stated that there should be no trip limit 
in the South Atlantic swordfish fishery due to high costs incurred 
while fishing in that area.
    Response: NMFS will not implement trip limits in the South Atlantic 
fishery because there is no need to slow the pace of the fishery at 
this time. Trip limits for the South Atlantic swordfish fishery will be 
considered if the need arises to slow the pace of the fishery.
    Comment: One commenter reiterated past comments that support trip 
limits only if accompanied by restrictive measures for smaller vessels 
such as a days-between-landings program. This commenter expressed that 
there would be a reduced likelihood of a closure in the first semi-
annual season of the 1998 North Atlantic swordfish fishery due to a 
reduction in the distant water fleet and the carryover of unharvested 
1997 quota.
    Response: This issue needs additional analyses and opportunity for 
public comment. Enforcement is a particular concern for days-between-
landings. NMFS agrees that, to the extent practicable, all fishery 
participants should be fairly affected by any effort controls in the 
Atlantic swordfish fisheries. The draft HMS FMP includes a re-proposal 
for limited access in the swordfish fishery. Once limited access 
measures are in place, further effort controls can be considered.

Changes From the Proposed Rule

    Based on comments received on the proposed rule, a single season 
quota is established for the South Atlantic swordfish fishery. No 
additional changes, other than editorial changes, were made to the 
proposed rule.

Classification

    This final rule is published under the authority of ATCA and the 
Magnuson-Stevens Act. The Assistant Administrator for Fisheries (AA), 
NOAA, has determined that the regulations contained in this rule are 
necessary to implement the recommendations of ICCAT and for the 
domestic management of the Atlantic swordfish fishery.
    NMFS prepared an EA for this final rule with a finding of no 
significant impact on the human environment. In addition, an RIR was 
prepared with a finding of no significant impact. The Assistant General 
Counsel for Legislation and Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that the proposed rule, if implemented, would not have a 
significant economic impact on a substantial number of small entities 
as follows. The quota represents an increase relative to the 1997 
quota, reflects U.S. fishing effort and catch in 1993 and 1994, and is 
not overly restrictive. As a result, these measures will not have a 
significant economic impact on a substantial number of small entities. 
No comments were received that changed that basis for the original

[[Page 51858]]

certification. Therefore, no Regulatory Flexibility Analysis was 
prepared.
    Because this rule increases the harvest quota for swordfish from 
the South Atlantic swordfish stock, thereby extending the fishing 
season and reducing the likelihood or duration of a fishery closure, 
this rule relieves a restriction and under 5 U.S.C. 553(d)(1) is not 
subject to a delay in effective date. To the extent that this rule 
implements certain quota adjustment procedures that will expedite 
carryover of North Atlantic swordfish quota not harvested in the 1997 
fishing year, the AA, under 5 U.S.C. 553(d)(3), finds that it would be 
contrary to the public interest to delay the effective date of the new 
procedures for 30 days. NMFS will rapidly communicate the new 
regulations to fishery participants through its FAX network and HMS 
Information Line.
    This rule has been determined to be not significant for purposes of 
E.O. 12866.
    NMFS reinitiated formal consultation for the South Atlantic 
swordfish fishery on May 4, 1998, under section 7 of the ESA. The 
Biological Opinion resulting from this consultation was issued on 
August 5, 1998. It concluded that continued operationof the longline 
fishery in the South Atlantic Ocean may adversely affect, but is not 
likely to jeopardize, the continued existence of any endangered or 
threatened species under NMFS jurisdiction.

List of Subjects in 50 CFR Part 630

    Fisheries, Fishing, Reporting and recordkeeping requirements, 
Treaties.

    Dated: September 23, 1998.
Gary C. Matlock,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
    For the reasons set out 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. 630.24, paragraph (a)(3) is added; paragraphs (b), and 
(d) through (f) are revised; and paragraphs (g) and (h) are removed to 
read as follows:


Sec. 630.24  Quotas.

    (a) * * *
    (3) A swordfish possessed on board or offloaded from a vessel that 
used or had on board a driftnet during its current or most recent 
fishing trip in waters of the North and/or South Atlantic Oceans 
(including the Gulf of Mexico and Caribbean Sea) will be deemed to have 
been harvested by a driftnet.
    (b) Directed-fishery quotas. (1) The annual directed fishery quota 
for the North Atlantic swordfish stock for the period June 1, 1998, 
through May 31, 1999, is 2,098.6 mt dw, of which 2,057 mt dw is 
allocated for the longline/harpoon fishery and 41.6 mt dw is allocated 
for the driftnet fishery. The allocation for the longline/harpoon 
fishery is divided into two equal semiannual quotas of 1,028.5 mt dw, 
one for the period June 1 through November 30, 1998, and the other for 
the period December 1, 1998, through May 31, 1999.
    (2) The annual directed fishery quota for the North Atlantic 
swordfish stock for the period June 1, 1999, through May 31, 2000, is 
2,033.2 mt dw, of which 1,993 mt dw is allocated for the longline/
harpoon fishery and of which 40.2 mt dw is allocated for the drift 
gillnet fishery. The allocation for the longline/harpoon fishery is 
divided into two equal semiannualquotas of 996.5 mt dw, one for the 
period June 1 through November 30, 1999, and the other for the period 
December 1, 1999, through May 31, 2000.
    (3) The annual directed fishery quota for the South Atlantic 
swordfish stock for the period June 1, 1998, through May 31, 1999, is 
289 mt dw.
    (4) The annual directed fishery quota for the South Atlantic 
swordfish stock for the period June 1, 1999, through May 31, 2000, is 
289 mt dw.
    (5) The annual directed fishery quota for the South Atlantic 
swordfish stock for the period June 1, 2000, through May 31, 2001, is 
289 mt dw.
* * * * *
    (d) Annual adjustments. (1) As necessary, NMFS will reevaluate the 
annual directed fishery quotas for the North and South Atlantic 
swordfish stocks and the annual incidental catch quota for the North 
Atlantic swordfish stock. NMFS will consider the best available 
scientific information regarding the following factors:
    (i) Swordfish stock abundance assessments;
    (ii) Swordfish stock age and size composition;
    (iii) Catch and effort in the swordfish fishery; and
    (iv) Consistency with ICCAT recommendations.
    (2) Except for the carryover provisions of paragraph (d)(3), of 
this section, NMFS will announce any adjustments to the annual quotas 
by publication of a notice in the Federal Register, providing for a 30-
day minimum comment period. NMFS will prepare a report of its 
evaluations, a regulatory impact review, and an environmental 
assessment; and such documents will be made available to the public. 
NMFS will take into consideration all information received during this 
comment period and will publish a final rule in the Federal Register.
    (3) If consistent with applicable ICCAT recommendations, total 
landings above or below the specific North Atlantic or South Atlantic 
swordfish annual quota will be subtracted from, or added to, the 
following year's quota for that management area. Any adjustments to the 
12-month directed fishery quota will be apportioned equally between the 
two semiannual periods. NMFS will publish notification in the Federal 
Register of any adjustment and of the apportionment made under this 
paragraph (d)(3).
    (e) Inseason adjustments. (1) NMFS may adjust the December 1 
through May 31 semiannual directed fishery quota and gear quotas to 
reflect actual catches during the June 1 through November 30 semiannual 
period, provided that the 12-month directed fishery and gear quotas are 
not exceeded.
    (2) If NMFS determines that the annual incidental catch quota will 
not be taken before the end of the fishing year, the excess quota may 
be allocated to the directed fishery quotas.
    (3) If NMFS determines that it is necessary to close the directed 
fishery, any estimated overharvest or underharvest of the directed 
fishery quota available immediately prior to that closure will be used 
to adjust the annual incidental catch quota accordingly.
    (4) NMFS will publish notification in the Federal Register of any 
inseason adjustment and its apportionment made under this paragraph 
(e).
    (f) Gear allocations. If NMFS determines that the annual or 
semiannual directed fishery or incidental catch quotas must be adjusted 
pursuant to paragraph (d) or (e) of this section, the annual or 
semiannual gear quotas will be adjusted so that the new gear quotas 
represent the same proportion (percentage) of the adjusted quota as 
they did of the quota before adjustment, provided such adjusted gear 
quotas are consistent with applicable requirements under the Endangered 
Species Act and the Marine Mammal Protection Act.
[FR Doc. 98-25928 Filed 9-24-98; 4:24 pm]
BILLING CODE 3510-22-F