[Federal Register Volume 68, Number 119 (Friday, June 20, 2003)]
[Proposed Rules]
[Pages 36967-36970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15690]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 030604143-3143-01; I.D. 030403C]
RIN 0648-AQ90


Atlantic Highly Migratory Species; Atlantic Swordfish Quotas

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

ACTION: Proposed rule.

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SUMMARY: NMFS proposes to amend the regulations governing the North and 
South Atlantic swordfish fisheries to implement recommendations adopted 
at the 2002 meeting of the International Commission for the 
Conservation of Atlantic Tunas (ICCAT). Specifically, NMFS proposes 
increasing the North Atlantic swordfish quota to 3,877 metric tons (mt) 
whole weight (ww) in 2003 and to 3,907 mt ww in 2004 and 2005. 
Additionally, NMFS proposes establishing a dead discard allowance of 80 
mt ww for 2003; transferring 25 mt ww of North Atlantic swordfish quota 
to Canada in 2003, 2004, and 2005; and allowing up to 200 mt ww of 
North Atlantic swordfish to be caught between 5[deg] North latitude and 
5o South latitude. Finally, NMFS proposes establishing a South Atlantic 
swordfish quota of 100 mt ww in 2003, 2004, and 2005 and 120 mt ww in 
2006. Public hearings on this proposed rule will be announced in a 
separate Federal Register document.

DATES: Written comments on the proposed rule must be received by 5 p.m. 
on August 4, 2003.

ADDRESSES: Comments should be sent to, and copies of the Draft 
Environmental Assessment/Regulatory Impact Review/Initial Regulatory 
Flexibility Analysis (EA/RIR/IRFA) may be obtained from Christopher 
Rogers, Chief, Highly Migratory Species Management Division F/SF1, 1315 
East-West Highway, Silver Spring, MD 20910. These documents are also 
available from the Highly Migratory Species Management Division website 
at www.nmfs.noaa.gov/sfa/hmspg.html. Comments also may be sent via 
facsimile (fax) to 301-713-1917. Comments will not be accepted if 
submitted via e-mail or on the Internet.

FOR FURTHER INFORMATION CONTACT: Tyson Kade, by phone: 301-713-2347; by 
fax: 301-713-1917; or by email: [email protected].

SUPPLEMENTARY INFORMATION: The U.S. Atlantic swordfish fishery and the 
tuna fisheries are managed under the Fishery Management Plan for 
Atlantic Tunas, Swordfish, and Sharks (HMS FMP) and regulations at 50 
CFR part 635 under the authority of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens 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 ICCAT.

North Atlantic Swordfish Quota

    Prior to the 2002 meeting, ICCAT conducted a stock assessment 
examining North Atlantic swordfish. The Standing Committee on Research 
and Statistics (SCRS) concluded that the assessment indicated that the 
stock could support an increase in the total allowable catch (TAC) of 
North Atlantic swordfish. According to the stock assessment, the 
biomass at the start of 2002 was estimated to be 94 percent of the 
biomass needed to produce maximum sustainable yield (MSY). The SCRS 
felt that there was a greater that 50-percent chance that a TAC of 
14,000 mt ww would allow the stock to rebuild to MSY by the end of 
2009. Based on this information, ICCAT set a TAC of 14,000 mt ww for 
2003, 2004, and 2005, which is an increase from 10,400 mt ww in 2002. 
Of the 14,000 mt ww, the United States is allowed to catch 3,877 mt ww 
(2,915 mt dw) in 2003 and 3,907 mt ww (2,938 mt dw) in 2004 and 2005. 
The ICCAT recommendation also states that 200 mt ww (150 mt dw) of the 
U.S. catch limit may be harvested from an area between 5[deg] North 
latitude and 5o South latitude.
    In addition to adjusting the quota, ICCAT recommended that a dead 
discard allowance be established by deducting 100 mt ww from the 2003 
North Atlantic swordfish TAC. The United States is allocated 80 percent 
or 80 mt ww (60 mt dw) of this allowance in addition to the country 
specific quota allocation. If the amount of the dead discards exceeds 
the allowance, the excess must be deducted from the quota the following 
year. The ICCAT recommendation says that the dead discard allowance 
will be phased out by 2004.
    ICCAT also recommended that the United States transfer 25 mt ww 
(18.8 mt dw) of North Atlantic swordfish quota to Canada in 2003, 2004, 
and 2005. The transfer of these fish would not change the relative 
allocation share that each country has been given. NMFS is proposing to 
use the 185 mt ww (139.1 mt dw) remaining in the reserve

[[Page 36968]]

category following the transfer of quota to Japan in 2002, as described 
in 67 FR 70023, November 20, 2002, to implement the quota transfer to 
Canada.

South Atlantic Swordfish Quota

    The SCRS conducted a stock assessment of South Atlantic swordfish 
in 2002. Due to discrepancies between several of the datasets, reliable 
stock assessment results could not be produced. However, the SCRS noted 
that the total reported catches have decreased since 1995. ICCAT set a 
South Atlantic swordfish TAC of 15,631 mt ww in 2003, 15,776 mt ww in 
2004, 15,956 mt ww in 2005, and 16,055 mt ww in 2006. Of these amounts, 
the United States is allocated 100 mt ww (75.2 mt dw) in 2003, 2004, 
and 2005 and 120 mt ww (90.2 mt dw) in 2006. The ICCAT recommendation 
allows for the U.S. underharvest from the South Atlantic quota in 2000 
to be carried over to 2003 in addition to the 100-mt ww (75.2 mt dw) 
quota. This proposed rule would adjust the United States annual quota 
level for South Atlantic swordfish.

Request for Comments

    In addition to comments on the provisions of the proposed rule, 
NMFS is requesting comments (see ADDRESSES) on the swordfish quota 
allocation methodology and the incidental catch limits. Specifically, 
NMFS would like to receive comments regarding the need for a 
recreational swordfish category to reflect the increase in effort in 
the recreational swordfish fishery. Currently, the swordfish fishery is 
managed via directed, incidental, and reserve categories. Also, NMFS is 
soliciting comments concerning how the North Atlantic swordfish quota 
could be allocated among the user groups, how the reserve quota 
category could be utilized, and if and how the trip limits for 
incidental permit holders should be modified. These measures are not 
being proposed at this time. Based on comments received, NMFS will take 
further action as warranted.

Public Hearings and Special Accommodations

    NMFS will hold public hearings 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 Tyson Kade 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.
    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) for HMS fisheries, including pelagic 
longline, bottom longline, and drift gillnet, was issued on June 14, 
2001, which found that the continued operation of the HMS pelagic 
longline fishery jeopardizes the continued existence of loggerhead and 
leatherback sea turtles, but provided a reasonable and prudent 
alternative under which fishing activity could continue. On July 9, 
2002, NMFS promulgated a final rule (67 FR 45393) that implemented the 
measures required by the BiOp for the pelagic and bottom longline and 
shark gillnet fisheries. The measures in the July 2002 final rule were 
necessary to alleviate the jeopardy situation for HMS fisheries. In 
examining the potential impact of the proposed regulations, NMFS feels 
that the only measure that could adversely affect stocks of protected 
species is the increase in the North Atlantic swordfish quota from 
2,951 mt ww to 3,877 mt ww and then to 3,907 mt ww in the upcoming 
fishing years. The increase in available quota could trigger an 
increase in fishing effort which could then increase the incidental 
catch of protected species. Currently, NMFS believes that the 
likelihood of an increase in the incidental take of protected species 
by the pelagic longline fleet due to an increase in effort is unlikely. 
For the past several years, the level of effort in the pelagic longline 
fishery has been steadily declining and a number of restrictions such 
as limited access and time and area closures have been placed on the 
pelagic longline fleet. This declining effort has led to underharvests 
of the 2,951 mt ww swordfish quota (1,025.4 mt ww in the 2001 fishing 
year). Because the proposed rule does not relieve any of these 
restrictions, NMFS believes that the level of effort in the fleet is 
unlikely to increase despite the change in quota level. Thus, NMFS 
feels that the current level of incidental takes of protected species 
will remain at current levels or decrease.
    NMFS has determined preliminarily that these regulations would be 
implemented in a manner consistent to the maximum extent practicable 
with the enforceable policies of those coastal states in the Atlantic, 
Gulf of Mexico, and Caribbean that have approved coastal zone 
management programs. Letters have been sent to the relevant states 
asking for their concurrence.
    NMFS has prepared a regulatory impact review and an initial 
regulatory flexibility analysis that examine the impacts of the 
selected alternatives discussed previously in this rulemaking. The 
purpose of this action is to implement the 2002 ICCAT recommendations 
regarding North and South Atlantic swordfish consistent with the HMS 
FMP, the Magnuson-Stevens Act, and other domestic regulations. The 
commercial swordfish fishery is composed of fishermen who hold a 
swordfish directed, incidental, or handgear permit and the related 
industries including processors, bait houses, and equipment suppliers, 
all of which NMFS considers to be small entities. In October 2002, 
there were approximately 205 fishermen with a directed swordfish 
limited access permit, 110 fishermen with an incidental swordfish 
limited access permit, and 94 fishermen with a handgear limited access 
permit for swordfish. In recent years, the number of active permit 
holders who have caught swordfish has decreased from over 200 to 
approximately 180 and the number of hooks has decreased from over 10 
million to under 8 million.
    For each of the 2002 ICCAT recommendations, two alternatives were 
considered: a preferred alternative to implement the ICCAT 
recommendation and a no action alternative that would not implement the 
recommendation. Under ATCA, the United States is obligated to implement 
ICCAT-approved recommendations. The preferred alternative to increase 
the quota for the North Atlantic swordfish fishery is unlikely to have 
any impact on the amount of fish that can be harvested by U.S. 
swordfish fishermen. In recent years, the quota has not been fully 
harvested. In the 2001 fishing year, there was a 1,025.4-mt ww (771 mt 
dw) underharvest. If the increase in quota was fully harvested, it 
would have a value of a little over $5.7 million. However, based on the 
declining level of effort both in number of vessels and number of hooks 
fished in the fishery, and based on the fact that U.S.

[[Page 36969]]

fishermen have not been harvesting the existing quota in recent years, 
NMFS believes it is unlikely that a quota increase would significantly 
affect the economic situation in this fishery.
    Similarly, the preferred alternative to transfer the 25 mt ww of 
swordfish quota to Canada is not expected to have an impact on U.S. 
fishermen considering the amounts of recent quota underages, the 
impacts of recent management actions, and the recent levels of effort 
present in this fishery. The 25 mt ww of swordfish would have a value 
of about $155,000 if it was caught by U.S. fishermen; however, the 
quota has no value to fishermen until the swordfish are landed and 
sold. As previously mentioned, it is unlikely given the current level 
of effort that the amount to be transferred will be caught now or in 
the near future by U.S. fishermen. Thus, the current economic impact of 
transferring 25 mt ww is negligible.
    The other preferred alternatives in this proposed rule: 
implementing a dead discard allowance for 2003, modifying the North 
Atlantic swordfish harvest area, and setting the South Atlantic 
swordfish quota should have no significant impacts on U.S. fishermen. 
The 2003 dead discard allowance could create a small economic benefit, 
approximately $500,000, by preserving some of the directed category 
quota by allowing 80 mt ww (60 mt dw) of dead discards to be counted 
against the North Atlantic TAC instead of the United States quota. 
Setting the South Atlantic swordfish quota at 100 mt ww (75 mt dw) 
could have negative economic impacts, approximately $1.76 million, if 
it limits the effort by U.S. vessels in that fishing area. The modified 
North Atlantic fishing area could alleviate impacts by allowing up to 
200 mt ww (150 mt dw) of South Atlantic swordfish to be applied to the 
North Atlantic swordfish quota, a potential increase in revenue of 
approximately $1.24 million. However, U.S. fishermen have been 
underharvesting the quota in recent years so NMFS believes that these 
economic impacts are unlikely to occur.
    The only other alternatives considered were no action alternatives 
for each of the aforementioned preferred alternatives; i.e. not 
implementing the North Atlantic swordfish quota increase, the 25 mt ww 
quota transfer, the South Atlantic swordfish quota decrease, the 
harvest area adjustment, and the 80 mt ww 2003 dead discard allowance. 
The no action alternatives are not preferred because they are not 
consistent with the purpose of this action. Selecting the no action 
alternative regarding the North Atlantic swordfish quota would have no 
immediate economic impact as U.S. fishermen have not been catching the 
full quota in recent years. By maintaining the U.S. quota at current 
levels, the United States would stand a good chance of losing the 
allocation increase in the future which would prevent any increase in 
economic benefits. Maintaining the South Atlantic swordfish quota at 
its current level would not have significant impacts as U.S fishermen 
have not been catching the quota in recent years. However, if effort 
increased in the near future, there would be the potential for 
ecological impacts. Not extending the dead discard allowance for 2003 
would not be expected to have significant impacts as the U.S. has not 
been catching the full North Atlantic swordfish quota in recent years. 
Maintaining the current harvesting area of North Atlantic swordfish 
could have positive ecological impacts by limiting the total catch but 
it could have negative economic impacts in conjunction with the 
preferred alternative that would reduce the South Atlantic swordfish 
quota. Not transferring 25 mt ww of North Atlantic swordfish quota to 
Canada is not expected to have a significant impact on U.S. fishermen 
due to recent underharvests in the fishery.
    None of the proposed alternatives in this document would result in 
additional reporting, record-keeping, compliance or monitoring 
requirements for the public. Establishing a dead discard allowance for 
2003 and allowing up to 200 mt ww (150 mt dw) of South Atlantic 
swordfish to be applied to the North Atlantic swordfish quota involves 
additional monitoring on the part of NMFS. NMFS will use logbook 
submissions (OMB control number 0648-0371) to monitor the amount of 
quota harvested and notify the participants in the fishery when the 
quota is almost reached. NMFS does not believe that the proposed 
alternatives would conflict with or duplicate any relevant regulations, 
federal or otherwise.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Management, Reporting and recordkeeping 
requirements, Treaties.

    Dated: June 16, 2003.
Rebecca J. Lent,
Deputy Assistant Administrator for Regulatory Programs, 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. In Sec.  635.27, paragraph (c)(1) is revised to read as follows:


Sec.  635.27  Quotas.

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    (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 or taking swordfish 
recreationally, and 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. For the fishing year beginning June 1, 2003, the annual directed 
fishery quota for the North Atlantic swordfish stock is 2,615 mt dw. 
This annual directed fishery quota is subdivided into two equal 
semiannual quotas of 1,307.5 mt dw, one for June 1 through November 30, 
and the other for December 1 through May 31 of the following year. 
Beginning June 1, 2004, the annual directed fishery quota is 2,638 mt 
dw, which is subdivided into two equal semiannual quotas of 1,319 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 or an HMS 
angling permit has been issued, 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: 60

[[Page 36970]]

mt dw for the fishing year beginning June 1, 2003. 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 and considered in making adjustments to the following year's 
quota. In the fishing year beginning June 1, 2004, and all subsequent 
fishing years, all swordfish discarded dead from U.S. fishing vessels 
shall be counted against the directed fishery quota.
    (D) A portion of the total allowable catch of North Atlantic 
swordfish 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.
    (E) Up to 150 mt dw of swordfish landed from between 5 degrees 
North and 5 degrees south latitude may be applied against the North 
Atlantic swordfish quota. Otherwise, swordfish landed from this area 
shall be applied against the South Atlantic swordfish quota.
    (ii) South Atlantic swordfish. From June 1, 2003, to May 31, 2006, 
the annual directed fishery quota for the South Atlantic swordfish 
stock is 75 mt dw. Beginning June 1, 2006, the annual directed fishery 
quota for the South Atlantic swordfish stock is 90 mt dw. The entire 
quota for the South Atlantic swordfish stock is reserved for vessels 
with pelagic longline gear onboard and 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.
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[FR Doc. 03-15690 Filed 6-19-03; 8:45 am]
BILLING CODE 3510-22-S