[Federal Register Volume 61, Number 235 (Thursday, December 5, 1996)]
[Rules and Regulations]
[Pages 64486-64487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30932]
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DEPARTMENT OF COMMERCE
50 CFR Part 630
[Docket No. 960314073-6335-03; I.D. 112696C]
RIN 0648-AI23
Atlantic Swordfish Fishery; Drift Gillnet Emergency Closure
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Fishery closure and final rule.
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SUMMARY: NMFS closes the drift gillnet fishery for swordfish in the
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, from
December 1, 1996, through May 29, 1997. NMFS has reinitiated
consultation under the Endangered Species Act for Atlantic swordfish
fisheries due to new information concerning the status of the northern
right whale. This closure will ensure that no irreversible and
irretrievable commitment of resources is made that has the effect of
foreclosing the formulation or implementation of any reasonable and
prudent alternative measures while the consultation on this fishery is
pending.
EFFECTIVE DATES: The closure will be effective from December 1, 1996,
through 2400 hours, local time, May 29, 1997. The amendment to part 630
will be effective November 29, 1996.
FOR FURTHER INFORMATION CONTACT: John Kelly, 301-713-2347.
SUPPLEMENTARY INFORMATION: The Atlantic swordfish fishery is managed
under the authority of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas
Convention Act (16 U.S.C. 971 et seq.). Because this is a Federally
managed fishery, it is subject to the requirements of section 7 of the
Endangered Species Act (ESA), which provides for a consultation to
ensure that threatened or endangered species are not jeopardized. NMFS
reinitiated consultation on the Atlantic swordfish fisheries on
September 25, 1996, due to new information concerning the status of the
northern right whale (Eubaleana glacialis).
[[Page 64487]]
During the winter of 1995-1996, an unprecedented number of right whale
deaths (6-7) were reported from the Southeast right whale critical
habitat/calving grounds off Georgia and Florida. Although these
mortalities are not attributed to the driftnet fishery, this
information changed the environmental baseline upon which all previous
section 7 consultations had been conducted. Further, the Incidental
Take Statement in the February 2, 1996, biological opinion has been
exceeded for loggerhead turtles. Also, the Atlantic Offshore Cetacean
Take Reduction Team submitted a draft take reduction plan to NMFS on
November 25, 1996, which includes recommended measures to reduce
incidental takes of strategic marine mammal stocks (including right
whales) to below their Potential Biological Removal level within 6
months of implementation. Right whale entanglements have been
documented in this fishery and the potential exists for entanglements
to occur in the swordfish drift gillnet fishery during the winter
months of December - April. The possibility of 15 driftnetters
operating in the winter months may result in significant interactions
with several species of whales including right and humpback whales, as
well as ridley and loggerhead turtles. Given that this fishery has had
documented interactions with right whales and that no measures have
been implemented to reduce incidental takes of right whales, NMFS
believes that a closure during the semiannual subquota period of
December 1, 1996, through May 29, 1997, will ensure that no
irreversible and irretrievable commitment of resources is made that has
the effect of foreclosing the formulation or implementation of any
prudent and reasonable alternative measures while the consultation is
pending. Hence, NMFS is closing the directed drift gillnet fishery for
the second semiannual subquota period. This closure will be effective
through 2400 hours May 29, 1997, or until completion of the
consultation with the issuance of a biological opinion on the swordfish
drift gillnet fishery, whichever comes first. If consultation is not
completed by May 3, 1997, NMFS will review the fishery and determine
whether the quota can be adjusted in light of NMFS requirements
pursuant to section 7(d) of the ESA.
Pursuant to this emergency closure: (1) No one aboard a vessel
using or having on board a drift gillnet may fish for swordfish from
the North Atlantic swordfish stock; and (2) no more than two swordfish
per trip may be possessed on board a vessel using or having on board a
drift gillnet in the North Atlantic Ocean, including the Gulf of Mexico
and Caribbean Sea, north of 5 degrees N. lat., or landed in an
Atlantic, Gulf of Mexico, or Caribbean coastal state. This closure has
no effect on the swordfish quota in any other quota period.
Classification
This action is being issued as an emergency rule under section
305(c) of the Magnuson-Stevens Fishery Conservation and Management Act,
16 U.S.C. Sec. 1855(c). The Assistant Administrator, NMFS, finds that,
in order to ensure that no irreversible and irretrievable commitment of
resources is made that has the effect of foreclosing the formulation or
implementation of any reasonable and prudent alternative measures while
consultation under section 7(a) of ESA takes place on this fishery,
good cause exists to waive the requirement to provide prior notice and
an opportunity for public comment, under authority at 5 U.S.C.
Sec. 553(b)(B), as such procedures would be contrary to the public
interest. For the same reason, there is good cause, under authority at
5 U.S.C. Sec. 553(d)(3), to waive the requirement for a 30-day delay in
effectiveness. Finally, as notice and an opportunity for public comment
are not required by 5 U.S.C. Sec. 553, or any other law, the analytical
requirements of the Regulatory Flexibility Act, 5 U.S.C. Sec. 601 et
seq., are inapplicable. This action is exempt from review under E.O.
12866.
List of Subjects in 50 CFR Part 630
Fisheries, Fishing, Reporting and recordkeeping requirements,
Treaties.
Dated: November 29, 1996.
Gary Matlock,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set forth 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. 630.7, paragraph (aa) is added to read as follows:
Sec. 630.7 Prohibitions.
* * * * *
(aa) Notwithstanding any other provision of part 630, (1) no one
aboard a vessel using or having on board a drift gillnet may fish for
swordfish from the North Atlantic swordfish stock; (2) no more than two
swordfish per trip may be possessed on board a vessel using or having
on board a drift gillnet in the North Atlantic Ocean, including the
Gulf of Mexico and Caribbean Sea, north of 5 degrees N. lat.; and (3)
no more than two swordfish per trip may be landed from a vessel using
or having on board a drift gillnet in an Atlantic, Gulf of Mexico, or
Caribbean coastal state.
[FR Doc. 96-30932 Filed 11-29-96; 4:44 pm]
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