[Federal Register Volume 60, Number 145 (Friday, July 28, 1995)]
[Proposed Rules]
[Pages 38785-38787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18208]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Parts 630 and 678
[Docket No. 950713178-5178-01; I.D. 062695D]
RIN 0648-AI10
Options for Establishing an Interim Permit Moratorium and
Eligibility Criteria for the Atlantic Swordfish and Shark Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance Notice of Proposed Rulemaking (ANPR); request for
comments.
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SUMMARY: NMFS is considering a temporary moratorium on the issuance of
permits for the Atlantic swordfish
[[Page 38786]]
and shark fisheries. NMFS announces the availability of a Concept Paper
entitled ``Towards Rationalization of Fisheries for Highly Migratory
Species'' and two Supplemental Papers outlining options for a permit
moratorium in the Atlantic Swordfish and Atlantic shark fisheries,
respectively. The options discussed are not all-inclusive; suggestions
for alternative approaches are encouraged.
DATES: Written comments on this ANPR must be received on or before
August 28, 1995.
ADDRESSES: Requests for copies of the Concept Paper, the Atlantic
Swordfish Supplement, and the Atlantic Shark Supplement should be
addressed to Richard B. Stone, Chief, Highly Migratory Species
Management Division (F/CM4), National Marine Fisheries Service, 1315
East/West Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Pamela Mace, 301-713-2347.
SUPPLEMENTARY INFORMATION: Historically, the Atlantic swordfish and
shark fisheries have operated under open access. On August 30, 1991, a
notice of control date for entry into the Atlantic swordfish fishery
was published in the Federal Register (56 FR 42982). On February 22,
1994, a notice of control date for entry into the Atlantic shark
fishery was published in the Federal Register (59 FR 8457). These
notices announced that anyone entering the fishery after the control
date may not be assured of future access to the fishery, if some form
of limited access were implemented later. The purpose of the notices
was to promote awareness of potential eligibility criteria for access
to the fishery and to discourage speculative entry into the fishery. It
was noted that the Secretary of Commerce could subsequently choose a
different control date or choose not to use a control date. Regardless,
the control date was not effective in discouraging speculative entry
into the fishery. The number of swordfish vessels permitted has since
increased significantly, from about 750 vessels in 1991 to 1,044
vessels in 1993 and 1,134 in 1994. Similarly, the number of shark
permits increased from 1,706 in 1993 to 2,026 in 1994.
Several factors may have contributed to the increases since the
published control dates. The recent trend toward limited or controlled
access in many fisheries has probably prompted many fishermen to
attempt to establish a ``history'' (by obtaining a permit) in as many
fisheries as possible, either for speculative purposes or to maintain
flexibility to participate in alternative fisheries. Another
consequence of implementing limited access is that the excess fleet
capacity from limited access fisheries tends to spill over into the
remaining open access fisheries. Also, in the NMFS Southeast Region,
which has permitting responsibility for Atlantic swordfish and shark,
permit application procedures changed in 1992. Prior to 1992, separate
applications were required for each fishery; in 1992, a combined
application listing all Southeast-permitted fisheries was implemented.
This made it far easier for fishermen to apply for multiple permits,
particularly since there was little additional cost involved. Finally,
new permit requirements for other fisheries in recent years (e.g.,
snapper-grouper) exposed many fishermen to the combined application
form for the first time, increasing the probability that multiple
permits, including swordfish and sharks, would be requested.
Regardless of the causes, it is evident that there is an excessive
number of permitted vessels in both the swordfish and shark fisheries,
because the numbers of permitted vessels in the fisheries have
consistently been far greater than the number of vessels actively
participating in the fisheries and reporting landings of swordfish or
sharks.
Swordfish
The Fishery Management Plan for Atlantic Swordfish was implemented
on September 18, 1985, and included a requirement for vessel permits
beginning January 1, 1986. However, to date, there have been no
eligibility requirements for obtaining a swordfish permit (e.g., earned
income requirement). During 1986-91, the number of vessels permitted in
the fishery fluctuated between approximately 500 and 750 vessels.
Subsequently, the number of permits has increased to 1,134 by 1994.
To comply with the 1990 recommendations of the International
Commission for the Conservation of Atlantic Tunas (ICCAT) regarding
Atlantic swordfish, NMFS implemented management measures including
quotas and a minimum size limit on June 12, 1991 (56 FR 26934). The
total allowable catch (TAC) was initially set at 6.9 million lb dressed
weight (3,129.8 mt) and was subsequently increased to 7.56 million lb
dressed weight (3,429.2 mt) on August 4, 1992 (57 FR 34264).
Although the TAC has not been reached since 1991, this situation
could reverse dramatically in 1995 (there are already projections
indicating that, at the present catch rate, the 1995 quota will be
taken by mid-October). Beginning in 1989-90, some of the most
productive vessels in the Atlantic fishery began shifting operations to
the Pacific; however, recently some have returned to the Atlantic. Most
of these vessels have maintained their ``participation'' in the
Atlantic fleet by continuing to obtain a swordfish permit each year. If
additional vessels return, landings would reach TAC levels even
earlier, compounding problems associated with derby fisheries, such as
the race for the fish and early closures of the fishery.
Perhaps more important, the large and increasing number of
inactive, permitted vessels represents substantial potential for
increases in fishing effort and overcapitalization. If appreciable
numbers of these vessels become active in the fishery, for example due
to declining opportunities in other fisheries, the TAC could be caught
much sooner, resulting in much shortened fishing seasons for all and
significant economic impact on those in the fishery.
Finally, all of these factors relating to excessive harvesting
capacity are compounded by the need for additional future reductions in
TAC to achieve stock rebuilding. The most recent stock assessment
(1994) was more pessimistic than the previous (1992) assessment. The
analyses indicate that the stock biomass continues to decline and that
substantial reductions in quota are necessary in the immediate future
to rebuild the stock to levels that can support the maximum sustainable
yield. Based on the assessment results, ICCAT has recommended further
reductions in allowable harvest levels.
The 1994 ICCAT recommendation for North Atlantic swordfish included
a recommended 1995 U.S. quota of 6.56 million lb dressed weight (3,970
mt) and a 1996 quota of 5.79 million lb dressed weight (3,500 mt).
These levels represent reductions of about 13 percent and 23 percent,
respectively, from the current TAC. Such reductions contribute to the
``race for the quota'' and underscore the importance of addressing
controlled access to the fishery.
Sharks
Historically, the Atlantic shark fishery has operated under open
access. The Fishery Management Plan for Sharks of the Atlantic Ocean
(shark FMP) was implemented on April 26, 1993, and included a
requirement for vessel permits. There are also eligibility requirements
for obtaining a shark permit (e.g., an earned income requirement). Many
of the issues in the
[[Page 38787]]
shark fisheries are similar to the issues mentioned above for the
swordfish fisheries. During 1993-1995, the number of vessels permitted
in the fishery has fluctuated between approximately 1,700 and 2,100
vessels. There are far more permitted vessels in the fishery than are
necessary or probably desirable to harvest the available TAC. In April
1993, quotas were established to rebuild the stock. The entire 1993 TAC
was harvested by approximately 250 vessels yet there were 1,706 vessels
permitted in the fishery in 1993.
All of the factors relating to excessive harvesting capacity in the
shark fisheries could be compounded by the potential need for
additional reductions in TAC to achieve stock rebuilding. The most
recent shark evaluation workshop (1994) and status update (1995) have
been more pessimistic than earlier analyses summarized in the shark
FMP. The analyses indicate that the biomass of large coastal sharks has
declined substantially and does not appear to be recovering. Reductions
in quota may be necessary in the immediate future to rebuild the stock
to levels that can support the maximum sustainable yield. Based on the
assessment results and comments from the Shark Operations Team, NMFS is
considering further reductions in allowable harvest levels. Such
reductions would compound factors contributing to the ``race for the
quota'' and underscore the importance of addressing controlled access
to the fishery.
Request for Comments
NMFS announces the availability of a Concept Paper entitled
``Towards Rationalization of Fisheries for Highly Migratory Species''
and two Supplemental Papers outlining options for a permit moratorium
in the Atlantic swordfish and Atlantic shark fisheries, respectively.
NMFS is particularly interested in receiving comments about eligibility
criteria for participation in the fisheries for the duration of each
permit moratorium, and the conditions under which the moratorium will
operate. The options discussed are not all-inclusive; suggestions for
alternative approaches are encouraged. After consideration of the
comments, NMFS will decide whether to develop a moratorium for either
or both fisheries, and will propose alternative features for each
moratorium if adopted. Any moratorium would be implemented through
rulemaking (a proposed rule and a final rule).
Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 971 et seq.
Dated: July 19, 1995.
Gary Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 95-18208 Filed 7-27-95; 8:45 am]
BILLING CODE 3510-22-F
