[Federal Register Volume 66, Number 221 (Thursday, November 15, 2001)]
[Proposed Rules]
[Pages 57409-57413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28646]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 011029263-1263-01; I.D. 010201A]
RIN 0648-AO93


Atlantic Highly Migratory Species; Quotas and Fishing Areas; 
Trade Monitoring

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

ACTION: Propose rule; public hearings; request for comments.

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SUMMARY: NMFS proposes to amend regulations governing the Atlantic 
highly migratory species (HMS) fisheries to implement recommendations 
adopted at the 2000 meeting of the International Commission for the 
Conservation of Atlantic Tunas (ICCAT). Specifically, NMFS proposes 
measures that would set a reserve quota for North Atlantic swordfish, 
maintain the status quo South Atlantic swordfish quota for 2001, and 
prohibit imports of Atlantic bigeye tuna harvested by certain 
countries. NMFS also proposes to reinstate regulations inadvertently 
removed during regulatory consolidation that would prohibit persons and 
vessels subject to the jurisdiction of the United States from 
possessing fish taken in violation of ICCAT recommendations or from 
violating another country's fisheries regulations pertaining to species 
managed by ICCAT. Finally, NMFS proposes certain corrections to 
existing trade restrictions to facilitate enforcement of the swordfish 
dead discard allowance and import of swordfish from designated 
countries. The intent of these actions is to improve conservation of 
the Atlantic highly migratory species and to improve management of 
these fisheries, while allowing harvest and trade consistent with 
recommendations of ICCAT. NMFS will hold public hearings to receive 
comments from fishery participants, importers, and other members of the 
public regarding these proposed regulations.

DATES: Written comments on the proposed rule must be received by 5 p.m. 
on December 31, 2001.
    The hearing dates are:
    1. November 26, 2001, from 7 to 9 p.m., Fort Lauderdale, FL.
    2. November 26, 2001, from 7 to 9 p.m., Fairhaven, MA.
    3. December 10, 2001, from 7 to 9 p.m., Barnegat Light, NJ.

ADDRESSES: The meeting locations are:
    1. Fort Lauderdale-Broward County Main Library, Bienes Center, 
6\th\ Floor, 100 South Andrews Avenue, Fort Lauderdale, FL, 33301
    2. Fairhaven-Holiday Inn Express, 110 Middle Street, Fairhaven, MA, 
02719
    3. Barnegat Light-Barnegat Light First Aid Squad, West Tenth 
Street, Barnegat Light, NJ, 08006
    Comments on the proposed rule should be sent to, and copies of the 
Draft Environmental Assessment/Regulatory Impact Review (EA/RIR) may be 
obtained from Chris Rogers, Chief, Highly Migra Proposed rule; public 
hearings; request for comments. tory Species Division,1315 East-West 
Highway F/SF1, Silver Spring, MD, 20910. These documents are also 
available from the Highly Migratory Species Division website at 
www.nmfs.noaa.gov/sfa/hmspg.html . Comments also may be sent via 
facsimile (fax) to 727-570-5656. Comments will not be accepted if 
submitted via e-mail or on the Internet.

FOR FURTHER INFORMATION CONTACT: Jill Stevenson, 301-713-2347 or e-mail 
at [email protected] or Pat Scida, 978-281-9260 or email at 
[email protected].

SUPPLEMENTARY INFORMATION: The U.S. Atlantic HMS fisheries are managed 
under the Fishery Management Plan for Atlantic Tunas, Swordfish, and 
Sharks (FMP). Implementing regulations at 50 CFR part 635 are issued 
under the dual authority of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act; codified at 16 U.S.C. 1801 et 
seq.) and the Atlantic Tunas Convention Act (ATCA; codified at 16 
U.S.C. 971 et seq.). Regulations issued under the authority of ATCA 
carry out the recommendations of ICCAT.

North Atlantic Swordfish Quota

    At the 2000 meeting of ICCAT, Japan indicated that it had exceeded 
its North Atlantic swordfish quota, due to higher than anticipated 
incidental catch rates of swordfish in its bigeye tuna fishery. The 
overharvest has forced Japan to require its fishermen to release all 
swordfish, regardless of whether such swordfish are retrieved dead. By 
its nature, this incidental catch problem is difficult to address, and 
Japan will continue to monitor the number of swordfish discarded dead. 
In the interests of supporting the ICCAT swordfish stock rebuilding 
program and accounting for all sources of mortality, the United States 
agreed to assist Japan with a one-time transfer of North Atlantic 
swordfish quota (400 mt whole weight (ww); 301 mt dressed weight (dw)) 
in 2001. The quota transfer agreement had the full support of the U.S. 
ICCAT Commissioners and representatives of the U.S. longline industry.
    For the purposes of the transfer agreement, NMFS proposes to amend 
the HMS regulations to establish a reserve quota for swordfish, in part 
to provide for the reservation of quota to transfer to Japan, and to 
amend the procedures by which any additional reserve quota shall be 
apportioned to other fishing categories. Recently, NMFS published a 
notice adjusting the 2001 quotas for North Atlantic swordfish by 
carrying forward the unharvested amount from the 1999 fishing year (66 
FR 46401, September 5, 2001). It is anticipated, based on

[[Page 57410]]

preliminary landings data, that some unharvested U.S. swordfish quota 
from the 2000 fishing year will also be available for carryover to the 
2001 fishing year. NMFS proposes to allocate a portion of the carryover 
amounts from 1999 and/or 2000 to the reserve, with the remainder to be 
allocated to the fishing categories for the 2001 fishing year. The 
reserve amount could then be used to effect the proposed transfer to 
cover excess dead discards by Japanese vessels. Any additional quota 
shall be held in reserve for inseason adjustments to fishing 
categories, to compensate for projected or actual overharvest in any 
category, for fishery independent research, or for other purposes 
consistent with management objectives.

South Atlantic Swordfish Quota

    Consistent with the 2000 ICCAT recommendation, NMFS proposes to 
maintain the current U.S. South Atlantic swordfish quota at 384 mt ww 
(289 mt dw) for the 2001 fishing year. NMFS estimates that in the 2000 
fishing year, only 11 percent of the U.S. South Atlantic Swordfish 
quota was harvested (based on preliminary landings data). However, the 
ICCAT recommendation does not authorize carryover of unharvested South 
Atlantic swordfish quota.

Authorized Fishing Areas

    Prior to the publication of the HMS FMP and consolidation of 
Atlantic HMS regulations under new part 635 of the Code of Federal 
Regulations (CFR) (64 FR 29090, May 28,1999), regulations governing the 
Atlantic tunas fisheries existed under 50 CFR part 285. Regulatory text 
at 50 CFR 285.3 (b) and (g) prohibited persons and vessels subject to 
the jurisdiction of the United States from possessing fish taken in 
violation of regulations implementing ICCAT recommendations or from 
violating another country's fisheries regulations pertaining to species 
managed by ICCAT. These prohibitions were necessary to enforce U.S. 
regulations for all persons and vessels subject to U.S. jurisdiction, 
regardless of fishing area.
    While those specific prohibitions were included in the initial 
proposed consolidated HMS regulations (61 FR 57361, November 6, 1996), 
they were inadvertently excluded when the consolidated regulations were 
re-proposed to implement the new requirements of the HMS FMP (64 FR 
3486, January 20, 1999). The regulatory consolidation was not intended 
to make substantive changes to existing regulations, other than those 
specifically noted as necessary to achieve consistency or to implement 
new requirements of the HMS FMP. The exclusion of the prohibitions at 
50 CFR 285.3 (b) and (g) from the consolidated regulatory text under 50 
CFR part 635 was a drafting error and requires the correction contained 
in this proposed rule. Therefore, NMFS proposes to amend Secs. 735.71 
(a)(24), (a)(29), and (a)(36) to add these provisions.
    Additionally, at the 2000 ICCAT meeting, the United States was 
notified that a U.S.-flagged vessel landed Atlantic bluefin tuna caught 
in the Mediterranean Sea. U.S. fishermen may not harvest east Atlantic 
bluefin tuna because ICCAT recommendations supporting the rebuilding 
program for west Atlantic bluefin tuna prohibit transfer of fishing 
effort from the western Atlantic to the eastern Atlantic and, further, 
the U.S. is not a participant in the east Atlantic bluefin tuna 
allocation scheme. The Atlantic HMS regulations specifically note the 
authorized fishing areas and management units of stocks for which the 
United States is party to ICCAT allocation schemes. However, there are 
no specific regulations pertaining to unauthorized fishing areas with 
respect to those stock management units for which the United States 
does not have an allocation. Therefore, NMFS proposes to amend 
Sec. 635.25 to designate those areas where U.S. fishermen may not 
harvest certain Atlantic HMS. One such unauthorized fishing area is the 
eastern Atlantic Ocean (generally, east of 45 deg. W. long. above 
10 deg. N. lat. and west of 25 deg. W. long. below the equator), which 
is closed to U.S. vessels for the harvest of bluefin tuna.
    Operators of U.S. commercial fishing vessels wishing to fish for 
species regulated under the authority of ATCA in unauthorized areas may 
operate under contract with another nation, provided such activities 
are consistent with applicable U.S. and foreign nation laws and 
regulations, ICCAT recommendations and international agreements. In 
such cases, however, these vessel owners must have an exempted fishing 
permit issued by NMFS to ensure they are not fishing in violation of 
U.S. regulations. Additionally, U.S. citizens may fish recreationally 
for such species in such areas from a vessel under foreign 
jurisdiction, provided the vessel is authorized by its flag nation to 
undertake such fishing activity and is operating consistent with ICCAT 
recommendations.

Bigeye Tuna Trade Restrictions

    At its 2000 meeting, ICCAT identified Contracting Parties and non-
Contracting parties/entities whose large-scale longline vessels have 
been fishing for bigeye tuna in a manner that diminishes the 
effectiveness of ICCAT measures. Belize, Cambodia, Equatorial Guinea, 
Honduras, and St. Vincent and the Grenadines were identified as such 
entities; vessels registered to these countries are fishing in the 
Atlantic Ocean and have bigeye tuna as their primary target, yet 
catches are largely unreported and unregulated. Following the 
procedures established in the bluefin tuna and swordfish action plans 
to ensure the effectiveness of those conservation programs, the above 
mentioned Parties/entities were notified and given the opportunity to 
rectify the situation. Having received no satisfactory responses, ICCAT 
recommended trade restrictive measures for bigeye tuna.
    Therefore, NMFS proposes to ban the import of Atlantic bigeye tuna 
harvested by vessels flagged by Belize, Cambodia, Equatorial Guinea, 
Honduras, and St. Vincent and the Grenadines. Consistent with the ICCAT 
recommendation, NMFS would not make the restriction on Honduras 
effective until ICCAT has determined at its 2001 meeting that Honduran 
vessels are fishing for Atlantic bigeye tuna in a manner that 
diminishes the effectiveness of ICCAT's conservation and management 
measures. If such a determination is made, NMFS would make effective as 
soon as possible the trade restrictions as they would apply to 
Honduras.
    In order to monitor trade of bigeye tuna and enforce the proposed 
import restrictions, NMFS considered requiring that all bigeye tuna 
shipments, regardless of their origin, be accompanied by a Certificate 
of Eligibility (COE) as a condition of entry into the United States. 
This document would contain information about the ocean of origin and 
the flag of the harvesting vessel: data that are not available from 
existing sources (e.g., Customs entry summary data, shipping invoices). 
However, ICCAT also recommended at its 2000 meeting that statistical 
documentation programs be developed for swordfish and bigeye tuna, 
similar to the existing bluefin tuna statistical document. NMFS has 
initiated internal discussions on this topic and has hosted a public 
scoping meeting (June 2001) to solicit comments from U.S. industry 
members and a Technical Workshop (July 2001) for ICCAT counterparts. At 
the 2001 meeting, NMFS will continue to work with other ICCAT members 
to adopt a recommendation for swordfish and bigeye statistical 
documentation programs.

[[Page 57411]]

    Given the expectation of a more comprehensive ICCAT trade 
monitoring program in the near future, NMFS concludes that a domestic 
COE program for bigeye tuna implemented only for the short term and 
replaced by a more comprehensive program in the future is impractical. 
Instead, NMFS proposes regulations whereby any bigeye tuna imported 
into the United States would be assumed to be caught by vessels of the 
exporting nation. Importers buying bigeye tuna or its products from the 
restricted countries listed above would need to show that the product 
was harvested by flag vessels of another country in order to clear U.S. 
Customs. Further, NMFS proposes to amend the regulations regarding 
restricted ports of entry, codified at Sec. 635.47, to include bigeye 
tuna, if such port of entry designations become necessary to avoid 
circumvention of the bigeye tuna trade restrictions.

Other ICCAT Issues

    ICCAT adopted a number of other recommendations and resolutions at 
the 2000 meeting that do not presently require rulemaking but will 
require management action on the part of NMFS. These include 
recommendations regarding South Atlantic swordfish and North and South 
Atlantic albacore. ICCAT's 2000 recommendation on blue and white marlin 
will be addressed in a separate rulemaking.
    ICCAT adopted a status quo target total allowable catch (TAC) for 
South Atlantic swordfish and contracting parties agreed to establish 
unilateral catch limits for 2001 consistent with that target TAC. In 
December, 2000, the United States informed ICCAT of its intention to 
restrict harvest of South Atlantic swordfish by U.S. vessels to its 
previously established annual catch limit of 384 mt ww. As this annual 
quota is currently established by regulation, no further action is 
required at this time.
    Additionally, ICCAT adopted a recommendation for South Atlantic 
albacore that establishes a 2001 TAC and specifies that countries 
having caught less than 100 mt ww of southern albacore per year during 
1992-96 are subject to an annual catch limit of 100 mt ww. The United 
States does not have a directed fishery for South Atlantic albacore, 
but does take albacore as bycatch in its directed swordfish fishery. 
Because U.S. annual South Atlantic albacore landings were well below 
the 100-mt ww limit in the specified reference years and are not 
anticipated to increase significantly, no changes to the regulations 
are proposed at this time.
    ICCAT also adopted a recommendation that sets a 2001 TAC for North 
Atlantic albacore and establishes the U.S. share as 607 mt ww for the 
year 2001. Since average recent harvests have not exceeded this level, 
no regulations to establish a quota are proposed at this time. The 2001 
recommendation provides for rollover/deduction of over/underharvest of 
this annual catch limit for quotas yet to be established for years 2002 
and/or 2003. Depending on the requirements of any subsequent ICCAT 
recommendations for North Atlantic albacore, NMFS may need to undertake 
rulemaking to establish commercial and recreational harvest quotas and 
to adjust for any overharvest or underharvest during the 2001 fishing 
year.

Other Amendments

    NMFS proposes an amendment to the regulations to correct the dates 
specified for phasing out the North Atlantic swordfish dead discard 
allowances. In a Federal Register notice published December 12, 2000 
(65 FR 77523), NMFS inadvertently stated that the dead discard 
allowance of 160 mt ww would apply to the fishing year beginning May 1, 
2001. The ICCAT recommendation and the supporting rulemaking documents 
indicate that the 160 mt ww swordfish dead discard allowance applies to 
the fishing year that begins June 1, 2002.
    NMFS also proposes an amendment to the regulations published 
December 12, 2000 (65 FR 77523) to implement the 1999 ICCAT 
recommendation to prohibit swordfish imports from designated countries. 
NMFS inadvertently omitted the relevant prohibition that should have 
accompanied that trade restriction rule and proposes to add it to 
facilitate enforcement. NMFS also proposes a change to those swordfish 
trade restrictions to conform to the 1999 ICCAT recommendation. The 
recommendation indicated that trade restrictions should apply only to 
Atlantic swordfish (not Indian Ocean or Pacific Ocean swordfish), and 
such a distinction was stated in the preamble to the final rule. 
However, the regulatory text prohibits the import of swordfish of any 
stock harvested by vessels of Belize and Honduras. The swordfish COE 
program collects information regarding the ocean area of origin of 
imported swordfish. NMFS does not anticipate an enforcement problem 
associated with restricting trade only of Atlantic swordfish. 
Therefore, NMFS proposes to change the import prohibition to apply only 
to Atlantic swordfish harvested by vessels of Belize and Honduras.

Public Hearings and Special Accommodations

    NMFS will hold public hearings (see DATES and ADDRESSES) to receive 
comments from fishery participants and other members of the public 
regarding these proposed amendments. These hearings will be physically 
accessible to people with disabilities. Requests for sign language 
interpretation or other auxiliary aids should be directed to Jill 
Stevenson at (301) 713-2347 at least 5 days prior to the hearing date. 
For individuals unable to attend a hearing, NMFS also solicits written 
comments on the proposed rule (see DATES and ADDRESSES).

Classification

    This proposed rule is published under the authority of the 
Magnuson-Stevens Act and ATCA. The Assistant Administrator for 
Fisheries, NOAA, has preliminarily determined that the regulations 
contained in this rule are necessary to implement the recommendations 
of ICCAT and to manage the domestic Atlantic highly migratory species 
fisheries.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel of Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities 
as follows:
    Although the reserve quota would be established with the initial 
intent of implementing a transfer to Japan, the reserve of 301 mt dw 
of North Atlantic swordfish would be obtained from unharvested quota 
from prior fishing years. Because the North Atlantic swordfish 
fishery has not been closed in recent years and a significant amount 
of the available quota has been carried over for several years, the 
reservation and subsequent transfer of quota for Japan is not 
expected to result in a closure of the domestic fishery or diminish 
fishing opportunities for U.S. vessels. Likewise, the other 
alternatives considered in the proposed rule would not have economic 
impacts: the south Atlantic swordfish quota is unchanged; there are 
no significant imports of Atlantic bigeye tuna from the designated 
countries; and the other amendments serve only to clarify and 
facilitate enforcement of existing regulations. These changes would 
not have an impact on a substantial number of small entities. For 
example, correcting the date that applies to the swordfish dead 
discard allowance clarifies and reflects the intent of the relevant 
ICCAT recommendation. This change would not have an economic impact 
since it neither changes the fishing year nor the intent of the dead 
discard allowance that ICCAT recommended. The amendment which 
relates to the scope of swordfish

[[Page 57412]]

import restrictions would lessen the impact on affected importers if 
they were to import from those countries because this revision would 
reduce the scope of the restrictions to include only Atlantic 
swordfish, instead of applying to swordfish from all ocean areas. 
However, this amendment does not have a significant impact on a 
substantial number of importers since swordfish have not recently 
been imported from those countries. In addition, NMFS inadvertently 
omitted a prohibition on swordfish imports. Prohibitions are a 
portion of Federal regulations that succinctly summarize the 
regulations and are utilized often by enforcement personnel. 
Including a prohibition does not change the nature of the regulatory 
requirements but adds support to prosecution of cases related to 
such regulatory measures. Accordingly, these proposed actions, 
considered separately or in aggregate, are not expected to have a 
significant economic impact.
    Because of this certification, an initial regulatory flexibility 
analysis was not prepared.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    On September 7, 2000, NMFS reinitiated formal consultation for all 
HMS commercial fisheries under section 7 of the Endangered Species Act. 
A Biological Opinion (BiOp) issued June 14, 2001, concluded that 
continued operation of the Atlantic pelagic longline fishery is likely 
to jeopardize the continued existence of endangered and threatened sea 
turtle species under NMFS jurisdiction. NMFS is currently implementing 
the reasonable and prudent alternative required by the BiOp. None of 
the actions in this proposed rule would have any additional impact on 
sea turtles as these actions are not likely to increase or decrease 
pelagic longline effort, nor are they expected to shift effort into 
other fishing areas. No irreversible or irretrievable commitments of 
resources are expected from this proposed action that would have the 
effect of foreclosing the implementation of the requirements of the 
BiOp.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Statistics, Treaties.

    Dated: November 9, 2001.
Rebecca Lent,
Acting Assistant Administrator, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 635 is 
proposed to be amended as follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

    1. The authority citation for part 635 continues to read as 
follows:

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

    2. A new Sec. 635.25 is added to read as follows:


Sec. 635.25  Fishing areas.

    (a) General. Persons on board fishing vessels subject to the 
jurisdiction of the United States are authorized to fish for, catch, 
retain, or land species governed by an international catch sharing 
agreement implemented under this part only in or from those management 
areas for which the United States has received an allocation.
    (b) Exemptions. Persons and vessels subject to the jurisdiction of 
the United States intending to fish for regulated species in fishing 
areas not otherwise authorized under this part, whether for the 
purposes of scientific research, or commercial fishing under a 
chartering arrangement, must have a permit from NMFS issued under 
Sec. 635.32.
    (c) Atlantic bluefin tuna. No person aboard a U.S. fishing vessel 
shall fish for bluefin tuna in or possess on board that fishing vessel, 
a bluefin tuna taken from, the Atlantic Ocean east of 45 deg. W. long. 
north of 10 deg. N. lat., east of 35 deg. W. long. between 10 deg. N. 
lat. and 5 deg. N. lat., east of 30 deg. W. long. between 5 deg. N. 
lat. and the equator, and east of 25 deg. W. long. south of the 
equator.

    3-4. In Sec. 635.27, paragraph (c) is revised to read as follows:


Sec. 635.27  Quotas.

* * * * *
    (c) Swordfish. (1) Categories. Consistent with ICCAT 
recommendations, the fishing year's total amount of swordfish that may 
be caught, retained, possessed, or landed by persons and vessels 
subject to U.S. jurisdiction is divided into quotas for the North 
Atlantic swordfish stock and the South Atlantic swordfish stock. The 
quota for the North Atlantic swordfish stock is further divided into 
equal semi-annual directed fishery quotas, an annual incidental catch 
quota for fishermen targeting other species and, as needed, a reserve 
category. In addition, a dead discard allowance is established for the 
North Atlantic swordfish stock.
    (i) North Atlantic swordfish. (A) A swordfish from the North 
Atlantic swordfish stock caught prior to the directed fishery closure 
by a vessel for which a directed fishery permit or a handgear permit 
for swordfish has been issued is counted against the directed fishery 
quota. The annual directed fishery quota for the North Atlantic 
swordfish stock is 1,919 mt dw for each fishing year beginning June 1, 
2000. The annual directed fishery quota is subdivided into two equal 
semiannual quotas of 959.5 mt dw, one for June 1 through November 30, 
and the other for December 1 through May 31 of the following year.
    (B) A swordfish from the North Atlantic swordfish stock landed by a 
vessel for which an incidental catch permit for swordfish has been 
issued, landed by fishermen without swordfish permits consequent to 
recreational fishing, or caught after the effective date of a closure 
of the directed fishery from a vessel for which a directed fishery 
permit or a handgear permit for swordfish has been issued is counted 
against the incidental catch quota. The annual incidental catch quota 
for the North Atlantic swordfish stock is 300 mt dw.
    (C) The dead discard allowance for the North Atlantic swordfish 
stock is: 320 mt ww for the fishing year beginning June 1, 2000; 240 mt 
ww for the fishing year beginning June 1, 2001; and 160 mt ww for the 
fishing year beginning June 1, 2002. All swordfish discarded dead from 
U.S. fishing vessels, regardless of whether such vessels are permitted 
under this part, shall be counted against the allowance.
    (D) A portion of the total allowable catch of North Atlantic 
swordfish may be held in reserve for inseason adjustments to fishing 
categories, to compensate for projected or actual overharvest in any 
category, for fishery independent research, or for other purposes 
consistent with management objectives.
    (ii) South Atlantic swordfish. The annual directed fishery quota 
for the south Atlantic swordfish stock is 289 mt dw. The entire quota 
for the South Atlantic swordfish stock is reserved for pelagic longline 
vessels for which a directed fishery permit for swordfish has been 
issued; retention of swordfish caught incidental to other fishing 
activities or with other fishing gear is prohibited in the Atlantic 
Ocean south of 5 deg. N. lat.
    (2) Inseason adjustments. (i) NMFS may adjust the December 1 
through May 31 semiannual directed fishery quota or, as applicable, the 
reserve category, to reflect actual directed fishery and incidental 
fishing category catches during the June 1 through November 30 
semiannual period.
    (ii) 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

[[Page 57413]]

to the directed fishery quota or to the reserve.
    (iii) If NMFS determines that it is necessary to close the directed 
swordfish fishery prior to the scheduled end of a semi-annual fishing 
season, any estimated overharvest or underharvest of the directed 
fishery quota for that semi-annual season will be used to adjust the 
annual incidental catch quota or the reserve as necessary to maintain 
landings and discards within the required annual limits.
    (iv) NMFS will file with the Office of the Federal Register for 
publication notification of any inseason swordfish quota adjustment and 
its apportionment to fishing categories or to the reserve made under 
this paragraph (c)(2) of this section.
    (3) Annual adjustments. (i) Except for the carryover provisions of 
paragraphs (c)(3)(ii) and (iii) of this section, NMFS will file with 
the Office of the Federal Register for publication notification of any 
adjustment to the annual quota necessary to meet the objectives of the 
Fishery Management Plan for Atlantic Tunas, Swordfish and Sharks. NMFS 
will provide at least 30 days opportunity for public comment.
    (ii) If consistent with applicable ICCAT recommendations, total 
landings above or below the specific North Atlantic or South Atlantic 
swordfish annual quota shall be subtracted from, or added to, the 
following year's quota for that area. As necessary to meet management 
objectives, such carryover adjustments may be apportioned to fishing 
categories and/or to the reserve. Any adjustments to the 12-month 
directed fishery quota will be apportioned equally between the two 
semiannual fishing seasons. NMFS will file with the Office of the 
Federal Register for publication notification of any adjustment or 
apportionment made under this paragraph (c)(3)(ii).
    (iii) The dressed weight equivalent of the amount by which dead 
discards exceed the allowance specified at paragraph (c)(1)(i)(C) of 
this section shall be subtracted from the landings quota in the 
following fishing year or from the reserve category. NMFS will file 
with the Office of the Federal Register for publication notification of 
any adjustment made under this paragraph (c)(3)(iii).

    5. Section 635.45 is revised to read as follows:


Sec. 635.45  Products denied entry.

    (a) All shipments of Atlantic swordfish, or its products in any 
form, harvested by a vessel under the jurisdiction of Belize or 
Honduras will be denied entry into the United States.
    (b) All shipments of Atlantic bluefin tuna, or its products, in any 
form, harvested by a vessel under the jurisdiction of Belize, Honduras, 
or Equatorial Guinea will be denied entry into the United States.
    (c) All shipments of Atlantic bigeye tuna, or its products, in any 
form, harvested by a vessel under the jurisdiction of Belize, Cambodia, 
Equatorial Guinea, Honduras or St. Vincent and the Grenadines will be 
denied entry into the United States. It is a presumption that any 
shipment containing bigeye tuna or its products offered for entry or 
imported into the United States has been harvested by a vessel or 
vessels of the exporting nation.

    6. Section 635.47 is revised to read as follows:


Sec. 635.47  Ports of entry.

    NMFS shall monitor imported shipments of bluefin tuna, bigeye tuna, 
and swordfish into the United States. If NMFS determines that the 
diversity of handling practices at certain ports at which any of these 
species is being imported into the United States allows for 
circumvention of the bluefin tuna statistical document, swordfish 
Certificate of Eligibility requirements, or trade restrictions for 
these species or for Atlantic bigeye tuna, NMFS may designate, after 
consultation with the U.S. Customs Service, those ports at which these 
species may be lawfully imported into the United States. NMFS shall 
announce the names of such designated ports and the effective dates of 
entry restrictions through publication of a notice in the Federal 
Register.

    7. In Sec. 635.71,paragraphs (a)(24) and (a)(29) are revised, and a 
new paragraph (a)(36) is added, to read as follows:


Sec. 635.71  Prohibitions.

* * * * *
    (a) * * *
    (24) Import, or attempt to import, any fish or fish products 
regulated under this part in a manner contrary to any import 
requirements or import restrictions specified at Secs. 635.40, 635.41, 
635.45, and 635.46, or at other than an authorized port of entry 
designated by NMFS under Sec. 635.47.
* * * * *
    (29) Land, transship, ship, transport, purchase, sell, offer for 
sale, import, export, or have in custody, possession, or control:
    (i) Any fish that the person knows, or should have known, was 
taken, retained, possessed, or landed contrary to this part, without 
regard to the citizenship of the person or registry of the fishing 
vessel that harvested the fish.
    (ii) Any fish of a species regulated pursuant to a recommendation 
of ICCAT that was harvested, retained, or possessed in a manner 
contrary to the regulations of another country.
* * * * *
    (36) Fish for, or possess on board a fishing vessel, species 
regulated under this part in unauthorized fishing areas as specified in 
Sec. 635.25.
* * * * *
[FR Doc. 01-28646 Filed 11-9-01; 4:32 pm]
BILLING CODE 3510-22-S