[Federal Register Volume 62, Number 143 (Friday, July 25, 1997)]
[Proposed Rules]
[Pages 40039-40044]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19588]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 630
[Docket No. 970110171-7171-01; I.D. 041097A]
RIN 0648-AJ63
North and South Atlantic Swordfish Fishery; Quotas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; public hearings; request for comments.
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SUMMARY: NMFS proposes to amend the regulations governing the Atlantic
swordfish fishery to: Reduce the quota in the North Atlantic Ocean to
2,458 metric tons (mt) dressed weight (dw) for 1997, 2,393 mt dw for
1998, and 2,327 mt dw for 1999, with one half of each year's quota
allocated equally to each of two semi-annual fishing seasons (June 1
through November 30 and December 1 through May 31); define the South
Atlantic swordfish stock, set a 187.5 mt dw quota for that stock for
1997, and implement the same management measures for the South Atlantic
swordfish stock as are currently in place for the North Atlantic stock,
such as minimum size limit, vessel permitting, logbook reporting, and
observer requirements. The intent of this action is to improve
conservation and management of the Atlantic swordfish resource, while
allowing harvests consistent with recommendations of the International
Commission for the Conservation of Atlantic Tunas (ICCAT). NMFS is also
seeking comments on amending Atlantic swordfish regulations as they
apply to vessel operations at the time of a closure. NMFS will convene
public hearings to receive comments from fishery participants and other
members of the public regarding this proposed rule.
DATES: Comments must be submitted on or before August 21, 1997. See
SUPPLEMENTARY INFORMATION for hearing dates and times.
ADDRESSES: Comments on the proposed rule and copies of the Draft
Environmental Assessment/Regulatory Impact Review (EA/RIR) supporting
this action may be obtained from Rebecca Lent, Highly Migratory Species
Division, Office of Sustainable Fisheries, NMFS, 1315 East-West
Highway, Silver Spring, MD 20910. See SUPPLEMENTARY INFORMATION for
hearing locations. 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 or to the Office of Management
and Budget (OMB), Attention: NOAA Desk Officer, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: John Kelly, 301-713-2347, fax: 301-
713-1917; or Buck Sutter, 813-570-5447, fax: 813-570-5364.
SUPPLEMENTARY INFORMATION: The U.S. 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-Stevens 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
According to the 1996 ICCAT stock assessment, the fishable biomass
(total weight) of North Atlantic swordfish at the beginning of 1996 was
estimated to be at 58 percent of that needed to produce maximum
sustainable yield (MSY). The 1995 fishing mortality rate (F) was
estimated to be 2.05 times the fishing mortality rate necessary to
produce MSY. The average size of North Atlantic swordfish has declined
from over 91 kg dw (200 lbs) in 1963 to 30.5 kg dw (67 lbs) in 1995.
Because the
[[Page 40040]]
stock is continuing to decline, reductions in quotas are required in
the immediate future to rebuild the stock to levels that would support
MSY.
At the November 1996 ICCAT meeting, a recommendation was adopted to
reduce the total quota for all countries fishing on swordfish in the
North Atlantic to 8,475 mt dw for 1997, 8,250 mt dw for 1998, and 8,025
mt dw for 1999. North Atlantic landings reported to ICCAT for 1995 and
1996 were estimated to be 12,750 mt dw. The United States is allocated
29 percent of the total North Atlantic quota, which is 2,458 mt dw for
1997, 2,393 mt dw for 1998, and 2,327 mt dw for 1999 (see Table 1).
Consistent with the ICCAT recommendations for 1995 and 1996, the
United States was obligated to reduce its total quota by the number of
estimated dead discards. However, for 1997, the United States is not
obligated to reduce the ICCAT quota to account for discards; therefore,
the 1997 U.S. quota recommended by ICCAT (2,458 mt dw) represents an
actual increase of 7.7 percent in the total weight of swordfish
available for landing as compared to the adjusted 1996 quota. In 1998,
the U.S. quota is reduced by 2.64 percent from the 1997 allowable
catch, and in 1999, the U.S. quota is reduced by 2.76 percent from 1998
level. However, because dead discards are no longer required to be
subtracted, the cumulative impact over 1997 through 1999 is a net gain
of 1.93 percent over the 1996 adjusted quota. In 1996, ICCAT also
recommended that overharvest or underharvest of a contracting party's
quota must be applied to the following year's quota for that country.
The 1996 report of the Standing Committee on Research and
Statistics (SCRS) of ICCAT noted that the South Atlantic swordfish
stock at the beginning of 1996 was near the biomass associated with
MSY; however, the 1995 fishing mortality rate was estimated to be 1.24
times FMSY. The SCRS cautioned that these estimates should
be considered preliminary. For participating countries with harvest
levels below the 187.5 mt dw threshold in 1993 or 1994, ICCAT adopted a
recommendation equivalent to a 187.5 mt dw cap for 1995, 1996, and
1997. NMFS has determined that the 1993 and 1994 U.S. South Atlantic
swordfish harvest levels were below this threshold. Allowable catches
for those countries whose landings already exceed the threshold were
capped at 1993 or 1994 harvest levels, whichever was higher.
NMFS has evaluated the annual quota and the need for a South
Atlantic management unit area, and quota levels and gear type
restrictions 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. NMFS has concluded that it is necessary to implement permitting,
reporting, and an observer program to provide for swordfish catch
monitoring in the South Atlantic.
Management Measures
This proposed rule, if adopted, would further ICCAT's international
management objectives for the Atlantic swordfish fishery. The proposed
regulations are summarized as follows:
North Atlantic Quota
NMFS proposes to implement ICCAT's 1996 recommendation of a North
Atlantic U.S. quota of 2,458 mt dw for 1997, 2,393 mt dw for 1998 and
2,327 mt dw for 1999 (Table 1). Each year, the quota would be divided
between a directed fishery quota and an incidental quota. The
incidental quota is needed to allow for incidental landings, at levels
stated in 50 CFR 630.25, during anticipated directed fishery closures
and for swordfish taken incidental to other fisheries. During a 2-month
closure of the directed fishery in 1995, a reduction in allowable
incidental harvest was implemented on November 27, 1995 (60 FR 58245),
but did not prevent the overall established quota from being exceeded.
Therefore, NMFS proposes to increase the incidental quota to 300 mt dw
each year for 1997, 1998, and 1999 to meet expected incidental harvest
levels during anticipated directed fishery closures. The proposed
incidental quota is based on the November 1995 harvest levels and
assumes a directed fishery closure of approximately 2 months per semi-
annual season. During November 1995, a bycatch limit of 15 swordfish
per longline trip was in effect. The increased incidental catch reserve
should ensure that the total ICCAT quota is not exceeded.
The directed fishery quota would be further divided into two semi-
annual quotas: June 1 through November 30 and December 1 through May 31
(Table 1). Each of the directed semi-annual quotas would be further
subdivided into a drift gillnet quota and a longline and harpoon quota
(Table 1). Allocations by gear types are in the same proportions as
those established for 1994 through 1996.
Table 1.--Swordfish North Atlantic Proposed Allocations
[in mt dw]
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1996 1997 1998 1999
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ICCAT Recommended Quota...................... 2,625 2,458 2,393 2,327
Incidental Catch Quota....................... 254 300 300 300
Directed Fishery Quota (Total--Incidental)... 2,371 2,158 2,093 2,027
Semi-Annual Directed Quota................... 1,185.5 1,079 1,046.5 1,013.5
Semi-Annual Drift Gillnet Quota.............. 23.5 21 20.5 20.5
Semi-Annual Longline and Harpoon Quota....... 1,162 1,058 1,026 993
Discards Adjustment.......................... 342
Landing Quota (Total--Discards).............. 2,283 2,458 2,393 2,327
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Following a closure of the directed longline fishery, any
overharvest or underharvest would be added to, or subtracted from, the
incidental catch reserve of 300 mt dw for that year. Any cumulative
overharvest/underharvest that occurs during any year would then be
subtracted from/added to the following year's quota, per the ICCAT
recommendations.
Definition of South Atlantic Swordfish Stock
NMFS proposes to define the South Atlantic swordfish stock to
include all swordfish in the Atlantic Ocean south of 5 deg. N. lat.,
which would be consistent
[[Page 40041]]
with ICCAT's delineation of the northern and southern swordfish stocks.
Permits, Reporting and Observers
The proposed action would institute a uniform system of swordfish
management measures for all U.S.-flagged vessels operating throughout
the Atlantic Ocean. The same general swordfish management measures
currently in place for the North Atlantic would be extended to the
South Atlantic: Vessel permits, logbook reporting, observer coverage,
limited access permitting, and other, related management measures (50
CFR part 630). Such measures are necessary to monitor the catch of
U.S.-flagged vessels operating in the South Atlantic.
NMFS proposes to require that the owner of a vessel that fishes for
or possesses swordfish in or from the North Atlantic or South Atlantic
ocean, or that takes swordfish in these areas as incidental catch,
possess a valid swordfish vessel permit. Current holders of valid
swordfish vessel permits would not be required to obtain a new permit
to fish for and possess swordfish in the South Atlantic.
Under the High Seas Fishing Compliance Act (HSFCA) of 1995 and its
implementing regulations (50 CFR part 300), U.S. vessels fishing
outside the exclusive economic zone (EEZ) of any nation are required to
obtain a HSFCA permit and comply with applicable requirements,
including reporting. Some U.S.-flagged vessels currently fishing in the
South Atlantic Ocean are not required to possess a HSFCA permit because
their fishing activities occur exclusively within the EEZ of another
nation. Accordingly, the proposed swordfish reporting system for
vessels fishing in the South Atlantic Ocean is needed to monitor all
catches and landings of U.S.-flagged vessels that would not otherwise
be reporting under a North Atlantic swordfish or HSFCA permit.
NMFS proposes to require that the owner and operator of a vessel
for which a permit has been issued, and that is operating in South
Atlantic waters, ensure that a daily logbook is maintained of the
vessel's swordfish fishing effort, catch, and disposition on logbook
forms available from NMFS. These forms would be required to be
submitted to NMFS and along with tally sheets for all swordfish off-
loaded and for other species off-loaded with swordfish. These proposed
requirements are the same as those currently required for the North
Atlantic swordfish fishery.
NMFS proposes to require at-sea observer coverage for up to 5
percent of the vessels participating in the South Atlantic swordfish
fishery, and would require any vessel that is selected by NMFS to carry
an observer.
South Atlantic Quota
United States landings of swordfish from the South Atlantic stock
during 1993 and 1994 were estimated to be less than or equal to 187.5
mt dw. Therefore, consistent with the ICCAT recommendation, NMFS
proposes to implement a quota of 187.5 mt dw annual landings maximum
for 1997. Following a closure of the directed longline fishery in the
South Atlantic Ocean, no incidental harvest would be allowed.
United States landings of swordfish from the South Atlantic were
estimated to be less than 187.5 mt dw in 1996. Because there were no
regulatory requirements on U.S.-flagged vessels to report landings from
the South Atlantic Ocean during 1993 or 1994, vessel operators may have
catch records that indicate, when combined with other similar records,
landings higher than 187.5 mt dw. NMFS estimates, based on the best
information available, that there are eight U.S.-flagged vessels
operating (i.e., harvesting and landing swordfish) in the South
Atlantic Ocean. NMFS requests submission of any such catch and landing
records from the South Atlantic by U.S.-flagged vessels to rectify, if
necessary, historical data on harvest levels during 1993 and 1994. If
verifiable documentation can be produced, it is possible that the U.S.
quota allocation could be revised to be consistent with the ICCAT
recommendations.
NMFS is currently considering Amendment 1 to the Fishery Management
Plan for Atlantic Swordfish, which would establish a limited access
system for vessels fishing in the North Atlantic. If Amendment 1 is
adopted, NMFS will issue regulations to implement it. Proposed
regulations to do so were published on February 26, 1997 (62 FR 8672).
NMFS proposes that, after implementation of Amendment 1, swordfish
permits for the South Atlantic be limited to those who qualify for a
directed permit under Amendment 1. After considering comments on this
issue, it could be implemented in the final rule to implement Amendment
1, and that final rule would respond to any comments received.
Gear and Incidental Catch Restrictions
NMFS proposes to prohibit the use of drift gillnet gear to fish for
swordfish in the proposed South Atlantic management area due to the
absence of a historical drift gillnet fishery in this region.
Similarly, NMFS proposes no incidental catch allowance for the South
Atlantic Ocean as there is no known significant U.S. directed fishery
for sharks or tunas in the South Atlantic in which swordfish would
occur as an incidental catch.
North and South Atlantic Management Summary
Under this proposed rule, swordfish harvested from or possessed in
the North Atlantic Ocean, including the Gulf of Mexico and Caribbean
Sea, could be sold only to a dealer (as defined at 50 CFR 630.2)
holding a valid annual dealer permit (50 CFR 630.4). Permitted
swordfish fishers in the North Atlantic must adhere to all
recordkeeping and reporting requirements as outlined in 50 CFR 630.5
(daily logbooks and tally sheets), and participate in the observer
program as described in 50 CFR 603.10. When the swordfish fishery is
closed in the North Atlantic, swordfish could only be landed or
possessed incidentally to other fisheries, subject to incidental catch
limits, and sold only to dealers holding a valid dealer permit.
Swordfish directly or incidentally harvested or possessed from the
North Atlantic could not be sold, traded or bartered in the South
Atlantic at any time.
Vessel permits would be required for all swordfish fishing vessels
operating in the North or South Atlantic Ocean. Below 5 deg. N. lat.,
it would not be required that swordfish harvested from or possessed in
the South Atlantic Ocean be sold to permitted dealers. However, all
permitted vessels harvesting or possessing swordfish from the South
Atlantic still would have to comply with applicable recordkeeping and
reporting requirements, including ensuring that copies of offloading
tally sheets are submitted. During a closure of the South Atlantic
swordfish fishery, swordfish could not be possessed on board a vessel
subject to the jurisdiction of the United States operating in the South
Atlantic Ocean.
All remaining regulations that apply to the North Atlantic
swordfish fishery would apply to the South Atlantic fishery. These
include the prohibition on at-sea transfer and harvest limitations such
as minimum size limit, vessel trip limits, and carcass condition
requirements.
Request for Comments on Offloading
In November of 1995, in December of 1995, and in April of 1997,
NMFS closed the directed swordfish fishery. These closures raised a
number of issues that NMFS may address through future rulemaking.
Specifically, NMFS is
[[Page 40042]]
seeking comment on the possibility of providing ``offloading windows,''
or a time period between a fishery closure date and the time a vessel
is required to offload the trip harvest. The regulations would need to
be amended before offloading windows could be provided. In addition, it
may be necessary to establish standard procedures for vessels that are
in distress and are unable to return to port prior to the designated
deadline.
Public Hearings
The public hearings are scheduled as follows:
1. Friday, August 1, 1997, 12 p.m.-2 p.m.--McAuliffe Seafoods,
Gallows Bay Dock, Christiansted, St. Croix, USVI 00821; (809) 773-2661.
This hearing will be a conference call with the hearing officer in a
remote location.
2. Monday, August 4, 1997, 4 p.m.-6 p.m.--Gosman's Dock, West Lake
Drive, Montauk, NY 11954; (516) 668-2447. This hearing will be a
conference call with the hearing officer in a remote location.
3. Friday, August 8, 1997, 2 p.m.-5 p.m.--NMFS Northeast Regional
Office (Conference Room), 1 Blackburn Drive, Gloucester, MA 01930;
(508) 281-9260.
4. Friday, August 8, 1997, 2 p.m.-4 p.m.--NMFS Southeast Regional
Office (Conference Room, 2nd floor), 9721 Executive Center Drive,
North, St. Petersburg, FL 33702; (813) 570-5447.
Additional public hearings by means of conference calls may be
convened if so requested. See ADDRESSES to make such a request.
Special Accommodations
These hearings will be physically accessible to people with
disabilities. Requests for sign language interpretation or other
auxiliary aids should be directed to Dr. Rebecca Lent at (301) 713-2347
at least 5 days prior to the hearing date.
Classification
This proposed rule is published under the authority of ATCA. The
Assistant Administrator for Fisheries (NOAA) has preliminarily
determined that the regulations contained in this rule are necessary to
implement the recommendations of ICCAT and for the domestic 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 would not have
a significant economic impact on a substantial number of small entities
as follows:
At the November 1996 meeting of the International Commission for
the Conservation of Atlantic Tunas (ICCAT), a recommendation, which
the United States is bound to implement under the ATCA, was adopted
reducing the total quota for all countries fishing on swordfish in
the North Atlantic to 8,475 metric tons (mt) dressed weight (dw) for
1997, 8,250 mt dw for 1998, and 8,025 mt dw for 1999. North Atlantic
landings for 1995 and 1996 were estimated to be 12,750 mt dw. The
United States is allocated 29 percent of the total North Atlantic
quota, or 2,458 mt dw for 1997, 2,393 mt dw for 1998, and 2,327 mt
dw for 1999--the quotas proposed to be established by this proposed
rule. For 1995 and 1996, the United States was obligated to reduce
(i.e., adjust) its quota by the number of estimated dead discards.
However, beginning in 1997, the United States is not obligated to
reduce the ICCAT quota to account for discards; therefore the
proposed 1997 U.S. quota of 2,458 mt dw represents an actual
increase of 7.7 percent in the total weight of swordfish available
for landing as compared to the adjusted 1996 quota of 2,283 mt dw.
In 1998, the U.S. quota is reduced by 2.64 percent from the 1997
allowable catch, and in 1999, the U.S. quota is reduced by 2.76
percent from 1998 level. The cumulative impact for the approximately
300 participants in the North Atlantic swordfish fishery, from 1997
through 1999 is a net gain of 1.93 percent over the 1996 adjusted
quota.
The drift gillnet fishery would experience a 12.8 percent
decrease in allowable harvest from 1997-1999, due to the proposed
increase in incidental catch quota and annual reductions in the
total quota that, for driftnets, are not mitigated by not having to
account for discards. However, because there are approximately only
13 drift gillnet vessels targeting swordfish, which represents only
4.3 percent of the approximately 300 vessels active in the swordfish
fishery, a substantial number of small entities would not be
significantly affected.
For the first time, ICCAT recommended that swordfish quotas be
established for the South Atlantic. Landings by U.S. vessels in
South Atlantic waters have historically been less than or equal to
187.5 mt dw, based on the best current scientific information.
Because there were no regulatory requirements on U.S.-flagged
vessels to report landings from the South Atlantic Ocean during 1993
or 1994, vessel operators may have catch records that indicate, when
combined with other similar records, landings higher than 187.5 mt
dw. NMFS estimates, based on the best information available, that
there are eight U.S.-flagged vessels operating exclusively (i.e.,
harvesting and landing swordfish) in the South Atlantic Ocean. The
proposed rule requests submission of any such catch and landing
records from the South Atlantic by U.S.-flagged vessels to more
accurately ascertain historical harvest levels during 1993 and 1994.
For participating countries with harvest levels below the 187.5 mt
dw threshold in 1993 or 1994, the ICCAT recommended a quota
equivalent to a 187.5 mt dw cap for 1997. Assuming 187.5 mt dw to be
the upper bound of past U.S. harvest levels for the South Atlantic,
a 1997 cap of 187.5 mt dw should not have a significant impact. If
verifiable documentation can be produced of higher historical
levels, it is possible that the U.S. quota allocation could be
revised.
Because a significant economic impact on a substantial number of
small entities is not anticipated by the implementation of the
proposed North and South Atlantic quotas, a regulatory flexibility
analysis was not prepared.
This proposed rule 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 (PRA) unless that collection of information
displays a currently valid OMB Control Number. There are new
collection-of-information requirements in this proposed rule beyond
those already approved by OMB under Control Number 0648-0016 (Federal
Fisheries Logbooks) and 0648-0205 (permitting requirements and observer
notifications). NMFS is proposing to extend these programs to cover
fishing activities in the South Atlantic, by requiring vessel permits,
vessel reporting, observer programs, and other related management
measures to monitor the catch of all U.S. flagged-vessels operating in
the South Atlantic. This would require revised reporting and
participation in observer programs by all those who are already
permitted and new reporting by those not currently permitted. The
public reporting burden for this collection of information is estimated
to average 30 minutes per response for logbooks (10 each for set form,
trip summary and cost questions), 20 minutes for an initial vessel
permit application and 2 minutes per vessel for observer notification
and No-fishing Reports. 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. In addition, this proposed rule restates a
previously approved information collection to require dealer permits
(0648-0205) at 5 minutes per response.
Public comment is sought regarding: Whether this proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information has
practical utility; the accuracy of the burden estimate; ways to enhance
the quality, utility, and clarity
[[Page 40043]]
of the information to be collected; and ways to minimize the burden of
the collection of information, including through the use of automated
collection techniques or other forms of information technology. 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 reinitiated formal consultation for all highly migratory
species commercial fisheries on September 25, 1996, under section 7 of
the Endangered Species Act. The Biological Opinion (BO) resulting from
this consultation was issued on May 29, 1997. It concludes that
continued operation of the longline component of the swordfish fishery
may adversely affect but is not likely to jeopardize, the continued
existence of any endangered or threatened species under NMFS
jurisdiction. The BO also concludes that the swordfish drift gillnet
fishery segment of the Atlantic pelagic fishery is likely to jeopardize
the continued existence of the right whale. Two alternatives that would
avoid the likelihood of jeopardy were set forth in the BO, although
NMFS has not identified a preferred alternative at this time.
Therefore, NMFS extended the emergency closure of the drift gillnet
segment of the swordfish fishery until a preferred option is identified
and implemented (62 FR 30775, June 5, 1997).
List of Subjects in 50 CFR Part 630
Fisheries, Fishing, Reporting and record keeping requirements,
Management Unit Areas, Treaties.
Dated: July 18, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, 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. 630.1, paragraph (b) is revised to read as follows:
Sec. 630.1 Purpose and scope.
* * * * *
(b) This part governs the conservation and management of the North
Atlantic and South Atlantic swordfish stocks.
* * * * *
3. In Sec. 630.2, the definitions of ``Dealer'' and ``North
Atlantic swordfish stock'' are revised, and a definition for the
``South Atlantic swordfish stock'' is added, in alphabetical order, to
read as follows:
Sec. 630.2 Definitions.
* * * * *
Dealer means the person who first receives, by way of purchase,
barter, or trade, swordfish harvested from the Atlantic Ocean.
* * * * *
North Atlantic swordfish stock means those swordfish in the North
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea, north
of 5 deg. N. lat.
* * * * *
South Atlantic swordfish stock means those swordfish in the
Atlantic Ocean, south of 5 deg. N. lat.
* * * * *
4. In Sec. 630.4, paragraphs (a)(1)(i) and (a)(1)(ii) introductory
text, and (a)(2) are revised to read as follows:
Sec. 630.4 Permits and fees.
(a) Applicability--(1) Annual vessel permits. (i) Except as
provided by paragraph (a)(1)(ii) of this section, the owner of a vessel
of the United States must have an annual permit when--
(A) Fishing for or possessing swordfish in or from the North
Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea;
(B) Fishing for or possessing swordfish in or from the South
Atlantic Ocean; or
(C) Taking such swordfish as incidental catch, regardless of
whether retained.
(ii) The owner of a vessel that fishes for or possesses swordfish
in or from the North Atlantic Ocean, including the Gulf of Mexico and
Caribbean Sea, or the South Atlantic Ocean--
* * * * *
(2) Annual dealer permits. A dealer in the United States who
receives swordfish harvested or possessed by a vessel of the United
States must have an annual dealer permit.
* * * * *
5. In Sec. 630.7, paragraphs (bb) and (cc) are added and paragraph
(c) is revised to read as follows:
Sec. 630.7 Prohibitions.
* * * * *
(c) Sell, barter or trade or attempt to sell, barter, or trade a
swordfish harvested from or possessed in the North Atlantic Ocean,
including the Gulf of Mexico and Caribbean Sea, to a dealer without a
valid dealer permit required under Sec. 630.4(a)(2).
* * * * *
(bb) Fish for or possess Atlantic swordfish south of 5 deg. N. lat.
using a drift gillnet or while carrying drift gillnet gear on board
south of 5 deg. N. lat.
(cc) Sell, barter or trade or attempt to sell, barter, or trade a
swordfish harvested from or possessed in the South Atlantic Ocean
during a closure of the South Atlantic swordfish fishery under
Sec. 630.25(a)(1).
6. Section 630.21 is revised to read as follows:
Sec. 630.21 Restrictions on transfer, offloading, and sale.
(a) A swordfish harvested from the North Atlantic Ocean, including
the Gulf of Mexico and Caribbean Sea, or the South Atlantic Ocean may
not be transferred at sea, regardless of where the transfer takes
place; and in the North Atlantic Ocean, including the Gulf of Mexico
and Caribbean Sea, or the South Atlantic Ocean, a swordfish may not be
transferred at sea regardless of where the swordfish was harvested.
(b) A swordfish harvested from or possessed in the North Atlantic
Ocean, including the Gulf of Mexico and Caribbean Sea, or the South
Atlantic Ocean, may be initially sold, traded, or bartered or attempted
to be sold, traded, or bartered only by an owner or operator of a
vessel that has been issued a vessel permit under Sec. 630.4, except
that a swordfish that is off-loaded in Puerto Rico or the U.S. Virgin
Islands from a non-permitted vessel that fished exclusively shoreward
of the outer boundary of the EEZ around Puerto Rico and the U.S. Virgin
Islands with only handline gear aboard may be sold, traded, or
bartered.
(c) A swordfish harvested from or possessed in the North Atlantic
Ocean, including the Gulf of Mexico and Caribbean Sea, may be initially
purchased, traded, or bartered or attempted to be purchased, traded, or
bartered only by a dealer with a valid dealer permit issued under
Sec. 630.4.
(d) A swordfish harvested from or possessed in the North Atlantic
Ocean, including the Gulf of Mexico and Caribbean Sea, or the South
Atlantic Ocean in the recreational fishery may not be sold, purchased,
traded, or bartered or attempted to be sold, purchased, traded, or
bartered.
7. In Sec. 630.23, paragraphs (a) and (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 North Atlantic
Ocean, including the Gulf of Mexico and the Caribbean Sea, or the South
Atlantic
[[Page 40044]]
Ocean 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. The cleithrum is the
semicircular bony structure that forms the posterior edge of the gill
opening. Measurement must be made at the point on the cleithrum that
provides the shortest possible CK measurement (Figure 1 to part 630).
(b) Carcass condition. A swordfish possessed in the North Atlantic
Ocean, including the Gulf of Mexico and the Caribbean Sea, or the South
Atlantic Ocean must be in whole or dressed form, and a swordfish landed
from a fishing vessel in an Atlantic, Gulf of Mexico, or Caribbean, or
South Atlantic coastal state must be maintained in whole or dressed
form through off-loading, except such swordfish as are damaged by shark
bites. 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.
* * * * *
8. In Sec. 630.24, in paragraph (a) the designation (1) is added
after the heading, paragraphs (a)(2) and (b)(5) through (b)(7) are
added, and paragraphs (b)(1) through (b)(4), (c), (d)(4), and (e) are
revised to read as follows:
Sec. 630.24 Quotas.
(a) Applicability (1) * * *
(2) A swordfish harvested from the South Atlantic swordfish stock
by a vessel subject to the jurisdiction of the United States is counted
against the directed-fishery quota.
(b) Directed-fishery quota. (1) The directed fishery quota for the
North Atlantic Ocean, including the Gulf of Mexico and the Caribbean
Sea for the period June 1, 1997, through May 31, 1998, is 2,116 mt dw
for the longline/harpoon fishery and 42 mt dw for the drift gillnet
fishery.
(2) The annual directed fishery quota for the period June 1, 1997,
through May 31, 1998 for swordfish in the North Atlantic Ocean,
including the Gulf of Mexico and the Caribbean Sea is 2,158 mt dw,
divided into two semi-annual quotas as follows:
(i) For the semi-annual period June 1 through November 30:
(A) 21 mt dw that may be harvested by drift gillnet; and
(B) 1,058 mt dw that may be harvested by longline and harpoon.
(ii) For the semi-annual period December 1 through May 31:
(A) 21 mt dw that may be harvested by drift gillnet; and
(B) 1,058 mt dw that may be harvested by longline and harpoon.
(3) The annual directed fishery quota in the North Atlantic Ocean,
including the Gulf of Mexico and the Caribbean Sea for the period June
1, 1998, through May 31, 1999, is 2,093 mt dw for the longline/harpoon
fishery and 41 mt dw for the drift gillnet fishery.
(4) The annual directed fishery quota for the period June 1, 1998,
through May 31, 1999 for swordfish in the North Atlantic Ocean,
including the Gulf of Mexico and the Caribbean Sea is 2,093 mt dw,
divided into two semi-annual quotas as follows:
(i) For the semi-annual period June 1 through November 30:
(A) 20.5 mt dw that may be harvested by drift gillnet; and
(B) 1,026 mt dw that may be harvested by longline and harpoon.
(ii) For the semi-annual period December 1 through May 31:
(A) 20.5 mt dw that may be harvested by drift gillnet; and
(B) 1,026 mt dw that may be harvested by longline and harpoon.
(5) The directed fishery quota in the North Atlantic Ocean,
including the Gulf of Mexico and the Caribbean Sea for the period June
1, 1999, through May 31, 2000, is 1,986 mt dw for the longline/harpoon
fishery and 41 mt dw for the drift gillnet fishery.
(6) The annual directed fishery quota for the period June 1, 1999,
through May 31, 2000 for swordfish in the North Atlantic Ocean,
including the Gulf of Mexico and the Caribbean Sea is 2,027 mt dw,
divided into two semi-annual quotas as follows:
(i) For the semi-annual period June 1 through November 30:
(A) 20.5 mt dw that may be harvested by drift gillnet; and
(B) 993 mt dw that may be harvested by longline and harpoon.
(ii) For the semi-annual period December 1 through May 31:
(A) 20.5 mt dw that may be harvested by drift gillnet; and
(B) 993 mt dw that may be harvested by longline and harpoon.
(7) The annual directed fishery quota for the period June 1, 1997
through May 31, 1998 for swordfish in the South Atlantic Ocean is 187.5
mt dw, divided into two semi-annual quotas as follows:
(i) For the semi-annual period June 1 through November 30, 93.75 mt
dw that may be harvested by longline and harpoon; and
(ii) For the semi-annual period December 1 through May 31, 93.75 mt
dw that may be harvested by longline and harpoon.
(c) Incidental catch quota. The annual bycatch quota in the North
Atlantic Ocean, including the Gulf of Mexico and the Caribbean Sea for
swordfish is 300 mt dw; no incidental catch is permitted for the South
Atlantic swordfish stock.
(d) * * *
(4) Total landings above or below the specific annual quota will be
subtracted from, or added to, the following year's quota. Any
adjustments to the 12-month directed-fishery quota will then 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.
* * * * *
9. In Sec. 630.25, the heading, paragraph (a)(1) and the first
sentence of paragraph (b) are revised to read as follows:
Sec. 630.25 Closures and incidental catch limits.
(a) Notification of a closure. (1) When a directed-fishery annual,
semi-annual, or gear quota specified in Sec. 630.24 is reached, or is
projected to be reached, NMFS will publish a notification in the
Federal Register closing the entire directed fishery for fish from the
North Atlantic swordfish stock, the South Atlantic swordfish stock, the
drift gillnet fishery, or the harpoon and longline fisheries, as
appropriate. The effective date of such notification will be at least
14 days after the date such notification is filed at the Office of the
Federal Register. The closure will remain in effect until an additional
directed-fishery or gear quota becomes available.
* * * * *
(b) Special set-aside for harpoon gear. The procedures of paragraph
(a)(1) of this section notwithstanding, during the June 1 through
November 30 semi-annual period, swordfish not exceeding 9,752 kg dw,
may be set aside for the harpoon segment of the North Atlantic
swordfish fishery. * * *
* * * * *
[FR Doc. 97-19588 Filed 7-22-97; 9:51 am]
BILLING CODE 3510-22-P
