[Federal Register Volume 61, Number 106 (Friday, May 31, 1996)]
[Rules and Regulations]
[Pages 27304-27308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13690]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 630
[Docket No. 960314073-6145-02; I.D. 030896E]
RIN 0648-AI23
Atlantic Swordfish Fishery; 1996 Quotas, Minimum Size, Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to amend the regulations governing
the Atlantic swordfish fishery to: Reduce the annual 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, eliminate the trip allowance
for undersized fish, and make reporting requirements consistent with
the
[[Page 27305]]
current logbook program. The intent of this action is to rebuild the
swordfish resource while allowing harvest of swordfish consistent with
recommendations of the International Commission for the Conservation of
Atlantic Tunas (ICCAT).
EFFECTIVE DATE: The rule is effective June 4, 1996.
ADDRESSES: Copies of Biological Opinions and a Final Environmental
Assessment/Regulatory Impact Review (EA/RIR) supporting this action may
be obtained from Rebecca Lent, 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 Rebecca Lent and to the Office of Management and
Budget (OMB), (0648-0016), Attention: NOAA Desk Officer, Washington, DC
20503.
FOR FURTHER INFORMATION CONTACT: Rebecca Lent, 301-713-2347; 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 issued 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.
Background information about the need for revisions to Atlantic
swordfish fishery regulations was provided in the proposed rule (61 FR
15212, April 5, 1996) and is not repeated here.
Management Measures
These regulatory changes will improve NMFS' ability to implement
the ICCAT recommendations and further the management objectives for the
domestic swordfish fisheries:
1. TAC and Fishing Year Definition
NMFS changes the definition of the fishing year for purposes of TAC
implementation to June 1 - May 31. NMFS also decreases the annual TAC
by 359 mt to 2,625 mt, which is consistent with the 1994 ICCAT
recommendation. All weights are in dw of swordfish, unless indicated
otherwise. The TAC is divided between a directed-fishery quota of 2,371
mt and a bycatch quota of 254 mt. The directed-fishery quota is 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 is further subdivided into a drift gillnet
quota of 23.45 mt and a longline and harpoon quota of 1,162.05 mt. The
semiannual TAC for the longline and harpoon swordfish fishery is
reduced by the estimated semiannual dead discards of 97.6 mt to yield a
landing quota of 1,064.44 mt for each of the two semiannual periods.
Following a closure of the directed longline fishery in any
semiannual period, any overharvest or underharvest will be added to or
subtracted from the bycatch quota of 254 mt. The ability to add or
subtract underage or overage ensures that the United States will abide
by the annual ICCAT quotas.
The special set-aside quota for harpoon gear remains at 10 mt.
Due to the need to meet observer coverage requirements for the
drift gillnet fishery, the starting date for this gear type only, for
their 1996 quota, is delayed until July 1, 1996. Contracts, research
projects, and other arrangements for observer coverage necessary due to
the Category I status of the drift gillnet fishery could not be
modified in 1996 to accommodate the revised starting date of June 1,
1996. Thus, the first semiannual drift gillnet quota will be applicable
during the period of July 1 - November 30, 1996, and the second
semiannual quota will apply to the period of December 1, 1996 to May
31, 1997. The bridge period quota (see below) will be applied for drift
gillnet vessels during the period of January 1 - June 30, 1996. Thus,
drift gillnetters may fish prior to July 1, 1996, subject to the bridge
period quota, which has not been reached to date. The revised fishing
year and semiannual periods established herein for other fishing
categories will be applied for the drift gillnet fishery beginning June
1, 1997.
2. Bridge Period TAC
A bridge period TAC is determined for the first 5 months of 1996 at
a level 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). As discussed above, drift gillnet vessels may continue
fishing through June 1996 as long as the bridge period quota has not
been filled.
3. Alternative Minimum Size
The final rule implements the ICCAT-recommended alternative minimum
size of 119 cm (47 inches) lower jaw fork length (LJFL) with zero
tolerance for undersized fish, meaning that no swordfish less than this
smaller minimum size may be retained on board fishing vessels.
Therefore, the current tolerance of undersized fish (15 percent by
number per trip) is eliminated. The 119 cm (47'') LJFL is equivalent to
a cleithrum to caudal keel measure (CK) of 73 cm (29 inches) or 15 kg
(33 lb) dw.
4. Other Changes
Changes are made to the regulatory text to make vessel reporting
requirements consistent with the current logbook program.
Comments and Responses
1. Quota Reduction and Allocation
Comment: Most comments supported the reduction in TAC as
recommended by ICCAT. There was some concern, however, over the
calculation of discards, both in terms of the rate used and the fact
that only the United States deducts this estimate from their allowable
catch.
Response: NMFS agrees that a reduction in TAC to the level
recommended by ICCAT is not only necessary under ATCA but also
desirable, given that current catch levels exceed replacement yield.
The longline discard rate applied in setting the TAC is identical to
that used in 1995. However, as data become available, this discard rate
could be revised to account for the modification in the minimum size.
The United States reports estimated longline discards of undersized
swordfish to ICCAT, and had committed, for 1995 and 1996 only, to
reducing the TAC accordingly.
Comment: Some commenters felt that the drift gillnet quota should
be higher given the number of participants and the derby nature of the
fishery. Another commenter suggested that gear-specific quotas be
discontinued, to be replaced with a fixed season for the driftnet
fishery of 2 months.
Response: The percentage share allocated to the longline and drift
gillnet fishery is identical to that used in 1994 and 1995 and is based
on the share of total catch harvested by these user groups in 1988.
NMFS disagrees with the suggestion of having a season for drift
gillnetting rather than a quota, since this would only intensify the
derby-fishing nature of this gear category, particularly since it is
open access.
2. Split Season
Comment: Some commenters agreed with the split season as one option
to improve the economic condition of the swordfish fishermen under
declining
[[Page 27306]]
quotas. They indicated that, for the two periods of high likelihood for
a swordfish longline directed fishery closure, April/May are good
months for yellowfin tuna, while October/November have historically
been low price months for swordfish.
Response: NMFS agrees that the new semiannual periods might allow
for the best possible prices for swordfish catch, which is particularly
important to mitigate decline in exvessel revenue given the reduction
in TAC.
Comment: Some commenters expressed concern over the possible
increased interaction with bluefin tuna and/or protected species given
the change in the fishing season.
Response: The swordfish longline fishery has never been closed
during the months of June or July; therefore, it is unlikely that the
pattern of interaction with bluefin or other bycatch species would be
modified by this change in the fishing season. Fishing with the use of
drift gillnets in the first half of the existing semiannual period
generally began in earnest around mid-June; therefore, it is not
evident that a June 1 starting date would modify the pattern of
protected species interaction. However, given the need to meet observer
coverage requirements for the drift gillnet fishery, the starting date
for this gear type for 1996 only is delayed until July 1, 1996, to
accommodate arrangements already in place for this year's fishery.
Thus, the semiannual drift gillnet 1996 quota will be applicable during
the period of July 1 - November 30, 1996, and the second semiannual
quota will hold during the period of December 1, 1996 to May 31, 1997.
The revised fishing year and semiannual periods thus will be applied
for the drift gillnet fishery beginning June 1, 1997, unless further
information and/or analyses received before that date warrant a change
in this regulation.
3. Revised Minimum Size
Comment: Some commenters felt that the revised minimum size would
lead to decreased discards and facilitate enforcement. Others felt that
the minimum size should be increased to 50 lb and/or the average weight
at first reproduction (80 kg round weight, or 132 lb dw). Some
commenters also suggested that fishers be allowed to retain swordfish
less than the minimum size for their own consumption or for charity
purposes.
Response: NMFS agrees that implementation of the alternative
minimum size could lead to a reduction in the longline discard rate to
the extent that undersized fish that are now harvested under the 15
percent tolerance and/or discarded at sea are within the new, lower
minimum size range. An increase in the minimum size to 50 lb or 132 lbs
(reproductive weight) could lead to a significant increase in the
discard rate. Finally, retention of swordfish less than the alternative
minimum size could be counter to the ICCAT recommendation, with the
exception of the Second Harvest program which has been approved by
ICCAT.
Comment: Several commenters suggested that NMFS consider time-area
closures to reduce the catch of undersized swordfish.
Response: Preliminary research conducted by NMFS indicates certain
areas in which there is relatively higher interaction with undersized
swordfish. However, a complete analysis should be conducted on the
potential time-area closures and the impact of these closures on the
fishery. In addition, the revised minimum size and fishing season could
have an effect on the rate of small fish interaction. Time-area
closures may be considered in future rulemaking if analysis warrants.
Comment: It was noted that the ICCAT recommendation would
facilitate a possible ban on sale of swordfish under the minimum size
if a country adopts the alternative minimum size with zero tolerance.
This would allow the United States to halt the import of undersized
swordfish from Nations that do not comply with the ICCAT
recommendation.
Response: NMFS agrees that a ban on the sale of Atlantic swordfish
under the lower minimum size would facilitate enforcement and ensure
that ICCAT conservation efforts are not hampered by harvest and export
to the United States of undersized swordfish from non-complying
Nations. However, given the considerable volume of domestic and
imported Pacific swordfish that is handled nationwide, NMFS must
establish an enforceable system to document shipments of swordfish
harvested outside the management unit. Such a system is under
consideration but will require some time to comply with Paperwork
Reduction Act (PRA) requirement. In the meantime, since adoption of the
alternative minimum size will facilitate U.S. Atlantic enforcement and
may reduce the discard rate, NMFS is implementing the alternative
minimum size.
4. Other
Comment: There were continued comments regarding the need to allow
a 14-day offloading period for swordfish during a closure due to the
market effects of a sudden increase in landings.
Response: NMFS agrees that closure dates can cause a market glut
and lower prices. However, even a 14-day offloading window can cause
such a market glut, since vessels may have an incentive to wait until
the last day or two of this window to sell their swordfish. In
addition, given that the concern over sudden increase in supply comes
primarily from long-distance vessels that tend to take longer trips,
there is concern about the effect of further delaying the offloading on
the quality of the swordfish landed. Finally, a 14-day window only
would encourage vessels to return to port at the last minute, with
possible consequences on the catch rate in the final days, leading to
even earlier closure dates.
Comment: There were several comments on issues that are beyond the
scope of this rule, including: Requiring equal coverage for vessels of
all gear types, with a minimum of 50 percent coverage; establishing
target catch criteria for swordfish bycatch during closure of the
directed fishery; proposals to extend the fishing season; allowing more
than
30 days to comment on a proposed rule; and monitoring the U.S.
swordfish catch in the south Atlantic.
Response: These issues are beyond the scope of this rulemaking, the
primary purpose of which is to implement the 1996 TAC via the split
season, along with revising the minimum size. NMFS will consider the
comments above in future rulemaking. With respect to the monitoring of
swordfish catch in the South Atlantic, all U.S. permitted vessels are
currently subject to a reporting requirement, including negative
reporting.
Based on consideration of comments received, only one change was
made to the proposed rule, notably the date of effectiveness of the
split season for the drift gillnet fishery, as noted above.
Classification
This final rule is published under the authority of ATCA. The
Assistant Administrator for Fisheries, NOAA has 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 certified to
the Chief Counsel for Advocacy of the Small Business Administration
that the proposed rule, if adopted, 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
[[Page 27307]]
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 rule.
This action has been determined to be not significant for purposes
of E.O. 12866.
NMFS has determined that there is good cause to waive partially the
30-day delay in the effective date normally required by section 553(d)
of the Administrative Procedure Act. Since this fishery is underway,
early implementation of the new TAC and minimum size will ensure
effective implementation of the ICCAT recommendations.
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 PRA unless that collection of information displays a currently
valid OMB Control Number.
This final 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 OMB under Control Number
0648-0016 in 15 CFR part 902. 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: May 24, 1996.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
For the reasons set out 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. 630.5, paragraph (a)(1) is revised to read as follows:
Sec. 630.5 Recordkeeping and reporting.
(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. Section 630.20 is revised to read as follows:
Sec. 630.20 Fishing Year.
The fishing year is June 1 through July 31.
5. 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.
* * * * *
6. In Sec. 630.24, paragraphs (b)(1), (d)(4), and (e) are revised,
paragraph (b)(2) is redesignated as paragraph (b)(4), and new
paragraphs (b)(2) and (b)(3) are 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 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.
(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.
(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.
(3) Notwithstanding any other provision of this part, the sub-
quotas for the drift gillnet fishery for January 1 - November 30, 1996,
are available as follows:
(i) For the period January 1 through June 30, 22.5 mt dressed
weight; and
(ii) For the period July 1 through November 30, 23.45 mt dressed
weight.
* * * * *
(d) * * *
[[Page 27308]]
(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.
* * * * *
7. In Sec. 630.25, the second 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. 96-13690 Filed 5-28-96; 4:25 pm]
BILLING CODE 3510-22-F
