98-29278. Listing Endangered and Threatened Species and Designating Critical Habitat: Petition To List the Swordfish as Endangered and Designate Critical Habitat Under the Endangered Species Act Throughout the North Atlantic Ocean

[Federal Register Volume 63, Number 211 (Monday, November 2, 1998)]
[Proposed Rules]
[Page 58701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29278]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Parts 222 and 227

[I.D. 101498D]


Listing Endangered and Threatened Species and Designating 
Critical Habitat: Petition To List the Swordfish as Endangered and 
Designate Critical Habitat Under the Endangered Species Act Throughout 
the North Atlantic Ocean

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

ACTION: Notification of finding.

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SUMMARY: NMFS has received a petition to list the swordfish (Xiphias 
gladius) as endangered and to designate critical habitat in the North 
Atlantic Ocean under the Endangered Species Act (ESA). NMFS finds that 
the petition does not present substantial scientific information 
indicating that the petitioned action may be warranted.

DATES: This petition finding was made on October 27, 1998.

ADDRESSES: Copies of the petition may be obtained from the Endangered 
Species Division, Office of Protected Resources, NMFS, 1315 East West 
Highway, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Terri Jordan or Marta Nammack, NMFS, 
Office of Protected Resources, [phone].

SUPPLEMENTARY INFORMATION:

Background

    Section 4(b)(3) of the ESA contains provisions concerning petitions 
from interested persons requesting the Secretary of Commerce 
(Secretary) to list species under the ESA. Section 4(b)(3)(A) requires 
that, to the maximum extent practicable, within 90 days after receiving 
such a petition, the Secretary make a finding whether the petition 
presents substantial scientific information indicating that the 
petitioned action may be warranted. Section 424.14(b)(1) of NMFS' ESA 
implementing regulations define ``substantial information'' as the 
amount of information that would lead a reasonable person to believe 
that the measure proposed in the petition may be warranted (See 50 CFR 
424.14). Section 424.14(b)(2) of these regulations contains factors the 
Secretary considers in evaluating a petitioned action.
    On July 14, 1998, the Secretary received a petition dated July 13, 
1998, from Messrs. Jonah Crawford and Max Strahan of Greenworld to list 
swordfish as endangered and to designate critical habitat in the North 
Atlantic Ocean. The petitioner cites commercial over-utilization of 
swordfish and the inadequacy of existing regulatory mechanisms as 
reasons for population decline. However, the petitioner does not 
present substantial information with regard to these claims.
    NMFS has reviewed the petition and information available in NMFS 
files. Although fisheries data available to NMFS provide evidence of 
some decline, (the North Atlantic stock is at 58 percent of its maximum 
sustainable yield (MSY)) no substantial evidence to indicate that the 
species may be threatened or endangered exists. The stock is 
overfished, but this only means that the current biomass cannot produce 
MSY on a continuing basis. Fishing quotas have been reduced in order to 
allow the stock to rebuild. Therefore, NMFS finds that the petition 
does not present substantial information indicating that listing the 
North Atlantic swordfish may be warranted.

    Authority: The authority for this action is the Endangered 
Species Act (16 U.S.C. 1531 et seq.).

    Dated: October 27, 1998.
Andrew A. Rosenberg,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 98-29278 Filed 10-28-98; 2:51 pm]
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