[Federal Register Volume 71, Number 29 (Monday, February 13, 2006)]
[Proposed Rules]
[Pages 7499-7502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1980]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 060201021-6021-01; I.D. 100405C]
RIN 0648-AT73


Atlantic Highly Migratory Species; Atlantic Swordfish Quotas

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

ACTION: Proposed rule; request for comments; notice of public hearings.

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SUMMARY: NMFS proposes to amend the regulations governing the North and 
South Atlantic swordfish fisheries to modify the North and South 
Atlantic Swordfish quotas for the 2005 fishing year (June 1, 2005, 
through May 31, 2006) to account for updated landings information from 
the 2003 and 2004 fishing years. This action is necessary to ensure 
that current quotas are based on the most recent landings information 
and account for any underharvest from previous fishing years, 
consistent with the regulations at 50 CFR part 635. Additionally, this 
action proposes to implement a subsequent recommendation by the 
International Commission for the Conservation of Atlantic Tuna (ICCAT) 
(Recommendation 04-02), which extends the 2005 North Atlantic swordfish 
management measures. The recommendation specifies that the extension of 
the 2005 North Atlantic swordfish quota is through the 2006 fishing 
year, but this proposed action would extend the 2005 North Atlantic 
swordfish management measures until ICCAT provides a recommendation for 
a new U.S. allocation of the North Atlantic swordfish total allowable 
catch. ICCAT's Standing Committee for Research and Statistics (SCRS) 
plans to conduct a stock assessment for North Atlantic swordfish in 
2006. If the stock assessment is completed as anticipated, ICCAT 
intends to review the results during the Fall 2006 meeting and develop 
new management recommendations. In the event that ICCAT does not 
recommend a new U.S. allocation, this action proposes to extend the 
2005 North Atlantic swordfish management measures until such time as 
ICCAT provides the recommendation.

[[Page 7500]]


DATES: Written comments on the proposed rule must be received by 5 p.m. 
on March 30, 2006.
    NMFS will hold two public hearings to receive comments from fishery 
participants and other members of the public regarding the proposed 
swordfish regulations. Additional public hearings will be considered 
upon request and must be received by 5 p.m. on March 1, 2006 (see FOR 
FURTHER INFORMATION CONTACT). The public hearing dates are:
    1. Monday, March 13, 2006, 4-6 p.m., Silver Spring, MD.
    2. Friday, March 17, 2006, 2-5:30 p.m., Gloucester, MA.

ADDRESSES: The public hearing locations are:
    1. Gloucester - Northeast Regional Office, NMFS, 1 Blackburn Drive, 
Gloucester, MA 01930; and
    2. Silver Spring - National Oceanic and Atmospheric Administration, 
SSMC IV, NOAA Auditorium, 1301 East West Highway, Silver Spring 20910.
    Written comments on the proposed rule or the Draft Environmental 
Assessment/Regulatory Impact Review/Initial Regulatory Flexibility 
Analysis (Draft EA/RIR/IRFA) may be submitted to Megan Caldwell, 
Fisheries Management Specialist, Highly Migratory Species Management 
Division, using any of the following methods:
     Email: [email protected].
     Mail: 1315 East-West Highway, Silver Spring, MD 20910. 
Please mark the outside of the envelope ``Comments on Proposed Rule to 
Adjust the North and South Atlantic Swordfish Quotas.''
     Fax: 301-713-1917.
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Include in the subject line the following identifier: I.D. 100405C.
    Copies of the Fishery Management Plan for Atlantic Tunas, 
Swordfish, and Sharks (1999 FMP)and other relevant documents are also 
available from the Highly Migratory Species Management Division website 
at http://www.nmfs.noaa.gov/sfa/hms.

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

SUPPLEMENTARY INFORMATION: The U.S. Atlantic swordfish fishery is 
managed under the 1999 FMP. Implementing regulations at 50 CFR part 635 
are issued 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 the North Atlantic swordfish population. The Standing 
Committee on Research and Statistics (SCRS) concluded 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 metric tons 
(mt) whole weight (ww) would allow the stock to rebuild to MSY by the 
end of 2009. Based on this information, ICCAT recommended 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 (2,915.0 mt dressed weight (dw)) in 2003 and 3,907 mt 
ww (2,937.6 mt dw) in 2004 and 2005 (Recommendation 02-02).
    On November 23, 2004, NMFS published a final rule to implement the 
ICCAT recommendations for the North Atlantic swordfish quotas in 2003, 
2004, and 2005 (69 FR 68090). Pursuant to 50 CFR 635.27(c)(3)(ii), 
total landings below the annual North Atlantic swordfish quota shall be 
added to the following year's quota. Any carryover is to be apportioned 
equally between the two semi-annual fishing seasons.
    The 2003 preliminary reported landings were 1,509.0 mt dw, 
resulting in an underharvest of 2,517.8 mt dw. These preliminary 
landings were previously used to adjust the quota for the 2004 fishing 
year (November 23, 2004; 69 FR 68090). The final landings for 2003 were 
1,822.5 mt dw, thus decreasing the 2003 underharvest to 2,275.1 mt dw.
    This action would adjust the total available quota for the 2004 
fishing year to account for the final 2003 landings information. The 
2004 North Atlantic swordfish baseline quota was 2,937.6 mt dw. The 
baseline quota plus the final 2003 underharvest would result in a total 
2004 quota of 5,212.7 mt dw. The preliminary landings for the 2004 
directed and incidental fishery are 1,475.0 mt dw. In addition to these 
landings, the United States transferred 18.8 mt dw to Canada, resulting 
in an underharvest of 3,398.5 mt dw for the 2004 fishing year after 
deducting dead discards.
    Under this action, the underharvest from the 2004 fishing year 
(3,398.5 mt dw) would be added to the 2005 baseline quota (2,937.6 mt 
dw) for an adjusted 2005 North Atlantic swordfish quota of 6,336.1 mt 
dw. The reserve category would be allocated 101.5 mt dw, the incidental 
category would be allocated 300 mt dw, and the remaining quota would be 
divided into two equal semiannual quotas of 2,967.3 mt dw for the 
periods of June 1, 2005, through November 30, 2005, and December 1, 
2005, through May 31, 2006.
    The 2002 ICCAT recommendations included management measures for the 
North Atlantic swordfish fishery from 2003, 2004, and 2005 with the 
expectation that a new stock assessment would be reviewed by the SCRS 
in 2005. The North Atlantic swordfish stock assessment has been 
postponed until 2006; therefore in 2004, ICCAT recommended that the 
2005 North Atlantic swordfish quotas be extended until new stock status 
information is available (Recommendation 04-02). This action proposes 
to implement the 2004 ICCAT recommendation. Extending the 2005 North 
Atlantic swordfish management measures is not expected to have a 
significant impact on the stock because the quota has been 
underharvested for the past several years, restrictions on the pelagic 
longline fleet remain unchanged, and permits and effort continue to be 
low.

South Atlantic Swordfish Quota

    The SCRS also 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 
(Recommendation 02-03).
    The November 2004 final rule also implemented the ICCAT 
recommendations for the South Atlantic swordfish fishery in 2003, 2004, 
2005, and 2006 (68 FR 68090). As mentioned above, the regulations also 
require that landings below the annual South Atlantic quota shall be 
added to the following year's quota.
    The 2004 South Atlantic swordfish landings were below the adjusted 
2004 quota. Therefore, this action proposes to carry over the 
underharvest into the 2005 fishing year. There were no

[[Page 7501]]

directed South Atlantic swordfish landings during the 2004 fishing 
year. The adjusted quota for the 2004 fishing year was 334.3 mt dw 
(75.2 mt dw baseline plus 259.1 mt dw carried over from the 2003 
fishing year). Therefore, this action proposes to combine 2005 baseline 
quota (75.2 mt dw) with the carryover from 2004 fishing year (334.3 mt 
dw), increasing the total 2005 South Atlantic swordfish quota to 409.5 
mt dw. There is no incidental catch quota for South Atlantic swordfish.

Requests for Comments

    NMFS will hold two public hearings (see DATES and ADDRESSES) to 
receive comments from fishery participants and other members of the 
public regarding this proposed rule. These hearings will be physically 
accessible to people with disabilities. Requests for sign language 
interpretation or other auxiliary aids should be directed to Megan 
Caldwell 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. Consistent with 50 CFR 635.27 (c)(3)(ii) 
and (iii), this action proposes to adjust the 2005 North and South 
Atlantic swordfish annual quotas to account for the underharvest from 
previous fishing years. Additionally this action proposes to implement 
the 2004 ICCAT recommendation, which extends the 2005 North Atlantic 
swordfish management measures. The proposed quota for the North 
Atlantic swordfish fisheries would be apportioned equally between the 
two semi-annual fishing seasons in the North Atlantic region. The 
Assistant Administrator for Fisheries, NOAA, has preliminarily 
determined that the regulations contained in this rule are necessary to 
ensure continued progress toward the conservation goals of ICCAT, the 
Magnuson-Stevens Act, ATCA, and the FMP for Atlantic Tunas, Swordfish, 
and Sharks.
    The measures proposed in this rule are not expected to alter 
fishing practices or fishing effort significantly and therefore should 
not have any further impacts on endangered species, marine mammals, or 
critical habitat beyond those considered in the June 2001 Biological 
Opinion (BiOp) on Atlantic HMS Fisheries and the June 2004 BiOp for the 
HMS pelagic longline (PLL) fisheries. In the June 2001 BiOp, it was 
determined that the continued operation of the Atlantic HMS rod and 
reel fishery is not likely to jeopardize the continued existence of the 
right whale, humpback, fin, or sperm whales, or Kemp's ridley, green, 
loggerhead, hawksbill, or leatherback sea turtles. The June 2004 BiOp 
determined that the continued operation of the PLL fishery is not 
likely to jeopardize the continued existence of loggerhead, green, 
hawksbill, Kemp's ridley, or olive ridley sea turtles, but is likely to 
jeopardize the continued existence of leatherback sea turtles.
    NMFS has since promulgated regulations required by the 2004 BiOp to 
avoid jeopardy of leatherback sea turtles, such as sea turtle bycatch 
and bycatch mortality mitigation measures for all Atlantic vessels with 
PLL gear onboard. In addition, NMFS has implemented regulations 
requiring PLL vessels to use only 18/0 hooks with whole mackerel and/or 
squid in the Northeast Distant (NED) Statistical Reporting Area, and 
16/0 hooks and/or 18/0 hooks everywhere outside the NED using whole 
finfish or squid, and to possess and use sea turtle release equipment 
with specified sea turtle handling and release protocols. Handling and 
release guidelines are also required to be posted in the wheelhouse. 
NMFS has also implemented several time/area closures between 1999 and 
2002, which in combination with the previously mentioned restrictions 
have contributed to the quota underages for both the North and South 
Atlantic swordfish quotas since 2000. In 2004, there were 390 
commercial swordfish directed and incidental permit holders, but only 
142 vessels reported commercial swordfish landings. Because NMFS is not 
altering the current restrictions on the PLL fishery, the increased 
quota is not expected to increase effort.
    An additional short term consideration is the impact of Hurricanes 
Katrina and Rita on the pelagic longline fishing industry in the Gulf 
of Mexico. The effort in this area is not likely to increase during the 
2005 fishing year.
    Thus, NMFS feels that the current level of incidental takes of 
protected species is not likely to be impacted by this proposed change. 
Accordingly, no irreversible or irretrievable commitment of resources 
is expected from this proposed action as this proposed rule is not 
expected to adversely affect protected species.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for 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. 
This action proposes to modify the North and South Atlantic swordfish 
quotas for the 2005 fishing year to account for the underharvest in 
previous fishing years. Additionally, this action proposes to extend 
the 2005 North Atlantic swordfish management measures pursuant to a 
2004 ICCAT (Recommendation 04-02). These actions are necessary to 
comply with the recommendations of ICCAT, the requirements of the 
Magnuson-Stevens Act and ATCA, and the measures in the FMP for Atlantic 
tunas, sharks, and swordfish.
    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 2004, there were 
390 commercial permit holders and 142 vessels reported landing 
swordfish commercially. About 90 percent of the vessels reporting 
commercial swordfish landings used pelagic longline gear. In 2005, the 
commercial swordfish permit holders declined to 372 permits for 
directed, incidental, and handgear permits. In 2004, there were also 
24,843 HMS Angling permit holders who could land swordfish 
recreationally (i.e., not for profit), and 4,113 charter/headboat 
permit holders authorized to land swordfish. Other sectors of highly 
migratory species fisheries, such as dealers, processors, bait houses, 
and gear manufacturers, could be indirectly affected by the final 
regulations.
    The proposed increased quota could potentially result in revenue 
increases; however, U.S. fishermen have not met either the North or 
South Atlantic swordfish quotas since 2000. For example, in 2004, the 
North Atlantic swordfish fishery had an underharvest of 3,398.5 mt dw 
and the South Atlantic swordfish fishery had an underharvest of 334.2 
mt dw. The proposed action would result in a quota that is greater than 
current catches. Thus, NMFS does not believe that the net benefits and 
costs would change significantly as a result of the proposed quota 
increases.
    In the Final Regulatory Flexibility Analysis for the November 24, 
2004, final rule (69 FR 68090), the criteria used to evaluate the 
potential impacts include analysis of gross revenues in recent years 
from pelagic longline logbook data. In future fishing years, the 
present value of gross and net revenues for the swordfish fishery at 
the ex-vessel level could increase, but that would depend on the extent 
to which fishermen can expand their effort to

[[Page 7502]]

catch the quota. For example, increasing the North Atlantic swordfish 
quotas by 3,398.5 mt dw could increase ex-vessel revenues by as much as 
$23.5 million if the entire adjusted quota were caught; and increasing 
the South Atlantic swordfish quota by 334.3 mt dw could increase the 
ex-vessel revenues by $2.3 million. Based on existing regulations, 
including time/area closures, minimum sizes, and permit restrictions, 
it is unlikely that there will be an increase in effort in the fishery. 
If effort is increased, U.S. fishermen would potentially experience 
positive benefits as a result of this proposed rule.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    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.

List of Subjects in 50 CFR Part 635

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

    Dated: February 7, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries, 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)(i)(A) is revised to read as 
follows:


Sec.  635.27  Quotas.

* * * * *
    (c) * * *
    (1) * * *
    (i) * * *
    (A) A swordfish from the North Atlantic 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 fishery quota, not 
adjusted for over- or underharvests, is 2,937.6 mt dw for each fishing 
year beginning June 1, 2004. The annual quota is subdivided into two 
equal semiannual quotas of 1,468.8 mt dw: one for June 1 through 
November 30, and the other for December 1 through May 31 of the 
following year.
* * * * *
[FR Doc. E6-1980 Filed 2-10-06; 8:45 am]
BILLING CODE 3510-22-S