[Federal Register Volume 61, Number 67 (Friday, April 5, 1996)]
[Proposed Rules]
[Pages 15212-15214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-8489]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 630
[Docket No. 960314073-6073-01; I.D. 030896E]
RIN 0648-AI23
Atlantic Swordfish Fishery; Quotas, Minimum Size, and Technical
Changes
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
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SUMMARY: NMFS proposes to amend the regulations governing the Atlantic
swordfish fishery to: Reduce the total allowable catch (TAC) to 2,625
metric tons (mt) dressed weight (dw) via a split season (June 1 - May
31), decrease the minimum size to 73 cm (29 inches) cleithrum to caudal
keel measure and eliminate the trip allowance for undersized fish, and
make technical changes to ensure consistency of regulations. The intent
of this action is to protect the swordfish resource while allowing
harvests of swordfish consistent with recommendations of the
International Commission for the Conservation of Atlantic Tunas
(ICCAT).
DATES: Comments on the proposed rule must be submitted on or before May
2, 1996.
ADDRESSES: Copies of an Environmental Assessment/Regulatory Impact
Review (EA/RIR) supporting this action may be obtained from William
Hogarth, Acting Chief, Highly Migratory Species Management Division,
Office of Fisheries Conservation and Management, National Marine
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910.
Comments regarding the burden-hour estimate or any other aspect of the
collection-of-information requirement contained in this rule should be
sent to William Hogarth and to the Office of Management and Budget
(OMB), (0648-0016), Attention: NOAA Desk Officer, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: William Hogarth, 301-713-2339; fax:
301-713-0596.
SUPPLEMENTARY INFORMATION: The Atlantic swordfish fishery is managed
under the Fishery Management Plan for Atlantic Swordfish and its
implementing regulations at 50 CFR part 630 under the authority of the
Magnuson Fishery Conservation and Management 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.
The 1994 ICCAT stock assessment for North Atlantic swordfish
indicated the stock is continuing to decline and that large reductions
in quotas are required in the immediate future to rebuild the stock to
levels that can support the maximum sustainable yield. In 1995, the
Standing Committee on Research and Statistics (SCRS) of ICCAT re-ran
the stock production model using revised catch data through 1993, and
results indicated that the North Atlantic swordfish resource has
continued to decline despite reductions in total reported landings from
peak values in 1987. Based on the assessment results, ICCAT recommended
reduced quotas for the major nations fishing for North Atlantic
swordfish, i.e., the United States, Spain, Canada, and Portugal. For
1996, the recommended U.S. quota is 3,500 mt whole weight (ww), or 5.8
million lb dw.
These proposed regulatory changes would improve NMFS' ability to
implement the ICCAT recommendations and further the management
objectives for the Atlantic swordfish fishery. NMFS has re-evaluated
the annual TAC, the seasonal implementation of this TAC, and the need
for technical changes to the regulatory text in the Atlantic swordfish
fishery in accordance with the procedures and factors specified in 50
CFR 630.24(d), including consideration of the latest stock assessment
and recommendations of ICCAT. The proposed regulations are summarized
as follows:
1. Total Allowable Catch (TAC)
NMFS proposes to change the definition of the fishing year for
purposes of TAC implementation for several reasons. First, establishing
that the fishing year begins June 1 would facilitate NMFS'
implementation of ICCAT quotas for all future years by allowing
additional months following the November ICCAT meeting for the
regulatory process (scoping, proposed rule, public hearings, final
rule). Second, this approach would ensure that the domestic swordfish
fishery would be open during certain critical marketing months, namely
early July and the December holiday period. Anecdotal evidence
indicates that if the swordfish fishery is subject to a calendar-year
quota, closures during December are particularly difficult, not only
due to the inability to supply the holiday market demand for swordfish,
but also due to the lack of alternative fisheries (no other tunas, for
example). There is a high probability that the large coastal shark
fishery would be closed during that end-of-the-year time period as
well.
NMFS proposes to decrease the annual TAC by 359 mt to 2,625 mt,
which is consistent with the 1994 ICCAT recommendation. All weights are
in dressed weight of swordfish, unless indicated otherwise. The TAC
would be divided between a directed-fishery quota of 2,371 mt and a
bycatch quota of 254 mt. The directed-fishery quota would be divided
into two 1,185.5 mt semiannual quotas for each of the 6-month periods,
June 1 through November 30, and December 1 through May 31. Each of the
1,185.5 mt semiannual quotas would be further subdivided into a drift
gillnet quota of 23.45 mt and a longline and harpoon quota of 1,162.05
mt. This allocation by gear types uses the same percentages that were
in effect in 1995.
NMFS estimates that approximately 97.6 mt of swordfish semiannually
will be discarded dead, based on the rate used in 1995. Therefore, the
semiannual landing quota for the longline and harpoon swordfish fishery
would be the semiannual catch quota of 1162.05 mt minus the estimated
semiannual dead discards of 97.6 mt, or 1,064.44 mt for each of the two
semiannual periods.
Following a closure of the directed longline fishery, any
overharvest or underharvest would be added or subtracted, respectively,
to the bycatch reserve of 254 mt. The ability to add or subtract
underage or overage ensures that the United States would abide by ICCAT
quotas.
NMFS has no new information sufficient to justify changes in the
existing 10 mt special set-aside quota for harpoon gear.
2. Bridge Period TAC
Because a split season is proposed, a bridge period TAC must be
determined for the first 5 months of 1996. NMFS proposes a TAC equal to
five twelfths of the 1995 U.S. quota, which is equivalent to 1,149.5 mt
(106 mt bycatch, 1021 mt longline, and 22.5 mt drift gillnet).
Quota for this bridge period plus the first semiannual quota result
in a January 1-December 1 quota of 2,364.4 mt dw, or approximately
3,144.6 mt round weight, which is 355 mt less than the 3,500 mt
calendar-year quota set by ICCAT. Since it is unlikely that December
1996 landings will exceed 355 mt, implementation of the split season
with the five twelfths bridge
[[Page 15213]]
period TAC also meets the ICCAT calendar year quota requirements.
3. Alternative Minimum Size
This proposed rule would implement the ICCAT-recommended
alternative minimum size of 119 cm lower jaw fork length with a zero
tolerance for undersized fish. Therefore, the current tolerance of
undersized fish (15 percent by number per trip) would be eliminated.
The minimum size is equivalent to a cleithrum to caudal keel measure
(CK) of 73 cm (29 inches) or 15 kg (33 lb) dw. SCRS research shows that
this reduced minimum size with zero tolerance is equivalent to the
alternative recommendation in terms of fishing mortality. This
alternative would allow U.S. fishermen to harvest smaller fish and may
reduce the discard rate. It also greatly facilitates enforcement.
4. Technical Changes
This proposed rule includes changes to the regulatory text
regarding vessel reporting requirements, in an effort to be consistent
with changes in the logbook program.
Classification
This proposed rule is published under the authority of ATCA. The
Assistant Administrator has preliminarily determined that the
regulations contained in this rule are necessary to implement the
recommendations of ICCAT and are necessary for management of the
Atlantic swordfish fishery. The Assistant General Counsel for
Legislation and Regulation of the Department of Commerce has certified
to the Chief Counsel for Advocacy of the Small Business Administration
that the proposed rule would not have a significant economic impact on
a substantial number of small entities. The 1996 TAC represents about a
12 percent reduction from the TAC of the previous year, which could
result in short-term potential losses in gross revenue of about $3.2
million. However, these potential losses will be at least partially
offset by increases in price due to declining supply (demand is price-
inelastic) and the split season. In addition, pelagic longline vessels
may redirect fishing effort to Atlantic tunas, dolphin fish, and other
species, as occurred in the 1995 season. As a result, a regulatory
flexibility analysis was not prepared. The RIR provides further
discussion of the economic effects of the proposed rule.
This action has been determined to be not significant for purposes
of E.O. 12866.
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a currently valid OMB Control Number.
This proposed rule includes changes to the regulatory text
regarding vessel reporting requirements, in an effort to be consistent
with changes in the logbook program. However, there are no new
collection-of-information requirements since the proposed rule simply
clarifies requirements that have been approved by the Office of
Management and Budget under Control Number 0648-0016. Public reporting
burden for this collection of information is estimated to average 2
minutes for logbook records and trip summaries.
These estimates include the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
Send comments regarding this burden estimate or any other aspects of
this collection of information, including suggestions for reducing this
burden, to NMFS and OMB (see ADDRESSES).
NMFS issued biological opinions under the Endangered Species Act on
September 1, 1995, and on February 2, 1996, indicating that the level
of impact and marine mammal takes from the longline and harpoon, and
drift gillnet swordfish fishery is not likely to jeopardize the
continued existence of any sea turtle species or any marine mammal
populations.
List of Subjects in 50 CFR Part 630
Fisheries, Fishing, Reporting and recordkeeping requirements,
Treaties.
Dated: April 2, 1996.
Gary Matlock,
Program Manager, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 630 is
proposed to be 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. 630.5, paragraph (a)(1) is revised to read as follows:
Sec. 630.5 Recordkeeping and recording.
(a) Fishing vessel reports. (1) The owner and operator of a vessel
for which a vessel permit has been issued under Sec. 630.4 must ensure
that a daily logbook form is maintained of the vessel's swordfishing
effort, catch, and disposition on logbook forms available from the
Science and Research Director. Such forms must be submitted to the
Science and Research Director postmarked not later than the 7th day
after sale of the swordfish off-loaded from a trip. If no fishing
occurred during a month, a report so stating must be submitted in
accordance with instructions provided with the logbook forms. Logbooks
must be kept on board the vessel at all times.
* * * * *
3. In Sec. 630.7, paragraph (q) is revised to read as follows:
Sec. 630.7 Prohibitions.
* * * * *
(q) Possess on board a vessel a swordfish that is smaller than the
minimum size specified in Sec. 630.23(a).
* * * * *
4. In Sec. 630.23, paragraph (b) is removed, paragraphs (c) and (d)
are redesignated as paragraphs (b) and (c), respectively, and the first
sentence of paragraph (a) and the last sentence of newly designated
paragraph (b) are revised to read as follows:
Sec. 630.23 Harvest limitations.
(a) Minimum size. The minimum allowable size for possession on
board a fishing vessel for a swordfish taken from the management unit
is 29 inches (73 cm) carcass length, measured along the body contour
(i.e., a curved measurement) from the cleithrum to the anterior portion
of the caudal keel (CK measurement) or, if swordfish are weighed, 33 lb
(15 kg) dressed weight. * * *
(b) * * * A shark-bit swordfish for which the remainder of the
carcass is less than the minimum size limit specified in paragraph (a)
of this section may not be landed.
* * * * *
5. In Sec. 630.24, paragraphs (b)(1), (d)(4), and (e) are revised,
paragraph (b)(2) is redesignated as paragraph (b)(3), and a new
paragraph (b)(2) is added to read as follows:
Sec. 630.24 Quotas.
* * * * *
(b) * * *
(1) The directed fishery quota for the period January 1, 1996,
through May 31, 1996, is 1,021 mt dressed weight for the longline
fishery, 22.5 mt dressed weight for the drift gillnet fishery, and 106
mt dressed weight for the bycatch fishery.
(2) The annual quota for the directed fishery for swordfish is
2,371 mt dressed
[[Page 15214]]
weight, divided into two semiannual quotas as follows:
(i) For the semiannual period June 1 through November 30:
(A) 23.45 mt dressed weight, that may be harvested by drift
gillnet; and
(B) 1,162.05 mt dressed weight that may be harvested by longline
and harpoon. To account for harvested fish that are discarded dead,
only 1064.44 mt dressed weight, may be landed in this category.
(ii) For the semiannual period December 1 through May 31:
(A) 23.45 mt dressed weight that may be harvested by drift gillnet;
and
(B) 1,162.05 mt dressed weight that may be harvested by longline
and harpoon. To account for harvested fish that are discarded dead,
only 1064.44 mt dressed weight may be landed in this category.
* * * * *
(d) * * *
(4) Any adjustments to the 12-month directed-fishery quota will be
apportioned equally between the June 1 through November 30 and December
1 through May 31 semiannual periods.
* * * * *
(e) NMFS may adjust the December 1 through May 31 semiannual
directed-fishery quota and gear quotas to reflect actual catches during
the June 1 through November 30 semiannual period, provided that the 12-
month directed-fishery and gear quotas are not exceeded.
* * * * *
6. In Sec. 630.25, the first sentence of paragraph (b) is revised
to read as follows:
Sec. 630.25 Closures and bycatch limits.
* * * * *
(b) * * * The procedures of paragraph (a)(1) of this section
notwithstanding, during the June 1 through November 30 semiannual
period, swordfish not exceeding 21,500 lb (9,752 kg), dressed weight,
may be set aside for the harpoon segment of the fishery. * * *
* * * * *
[FR Doc. 96-8489 Filed 4-2-96; 4:45 pm]
BILLING CODE 3510-22-F
