[Federal Register Volume 59, Number 164 (Thursday, August 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20972]
[[Page Unknown]]
[Federal Register: August 25, 1994]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 940826-4226] [I.D. 071294B]
Atlantic Swordfish Catches by Minor Harvesting Nations; Possible
Restrictions on Imports
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
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SUMMARY: NMFS has been asked to conduct an investigation with respect
to invoking restrictions on swordfish imports under the provisions of
the Atlantic Tunas Convention Act (ATCA or the Convention). This
document provides background information concerning this request and
solicits comments to be considered in the NMFS investigation of the
issue.
DATES: Comments must be received by September 14, 1994.
ADDRESSES: Comments should be directed to: Dr. Kevin Chu, Office of
International Affairs, Room 14247, National Marine Fisheries Service,
1315 East-West Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Kevin Chu at (301) 713-2276 or Richard
Stone at (301) 713-2347.
SUPPLEMENTARY INFORMATION: Blue Water Fishermen's Association asked
NMFS to conduct an investigation with respect to invoking restrictions
on swordfish imports under the provisions of the ATCA. The request
expressed concern about fisheries developing in Canada, as well as in
the Caribbean and Latin America. It included information showing a 37-
percent decline in U.S. catches from 1988 to 1992 and a 72-percent
increase in Canadian landings during the same period. The request also
expressed a concern that Canadian vessels were apparently expanding
operations into tropical regions and Bermuda. It expressed the belief
that NMFS should conclude that the apparent absence of effective
Canadian regulations to control harvest (fishing mortality) has
undermined the effectiveness of the International Commission for the
Conservation of Atlantic Tunas (ICCAT or the Commission) swordfish
management program and has jeopardized what was predicted as a
reasonable probability of a stock increase based on the 1992 swordfish
stock assessment by ICCAT.
In response to the request, NMFS has undertaken an investigation
pursuant to the ATCA, which could lead to the prohibition of swordfish
imports from certain countries. As part of this investigation, NMFS has
had a series of formal and informal exchanges with the Department of
Fisheries and Oceans in Canada on swordfish catches and on Canadian
vessels fishing outside its exclusive economic zone.
NMFS also has conducted a series of investigations about Canadian-
harvested tuna shipped through Bermuda and has collated import data
from a number of countries fishing for swordfish in the Atlantic. This
notice explains the legal basis for the investigation, provides
background information, and seeks additional information.
Regulations Implementing the ATCA
Regulations implementing the ATCA are published at 50 CFR 285,
subpart D. They direct NOAA, with the approval of the Secretary of
Commerce and with the concurrence of the Secretary of State, to
prohibit: (1) The entry into the United States of fish in any form of
those species which are subject to regulation pursuant to a
recommendation of the ICCAT and which were taken from the ICCAT
regulatory area ``in such manner or in such circumstances as would tend
to diminish the effectiveness of the conservation recommendations of
the Commission''; and (2) the entry into the United States, from any
country when vessels of such country are being used in the conduct of
fishing operations in the regulatory area in such manner or in such
circumstances as would tend to diminish the effectiveness of the
conservation recommendations of ICCAT, of fish in any form of those
species which are subject to regulation pursuant to a recommendation of
the Commission and which were taken from the ICCAT regulatory area.
The Assistant Administrator for Fisheries, NOAA (AA) is required to
make inquiries and investigations, from time to time, so as to keep
informed of the nature and effectiveness of the measures for the
implementation of the Commission's recommendations concerning those
activities which are being carried out by foreign countries whose
vessels engage in fishing within the ICCAT regulatory area. The AA also
must undertake an investigation when a member of the public submits a
proper request. There are three related issues that the AA must
consider:
1. Whether fish in any form are being taken in a manner or under
such circumstances that would tend to diminish the effectiveness of the
conservation recommendations of ICCAT,
2. Whether a country is condoning the use of vessels in the conduct
of fishing operations in the ICCAT regulatory area in such a manner or
under such circumstances that would tend to diminish the effectiveness
of the conservation recommendations of ICCAT, or
3. Whether a country is condoning the use of vessels in repeated
and flagrant fishing operations which seriously threaten the
achievement of the objectives of the ICCAT recommendations.
In conducting the investigation, the AA is to take into account,
among other considerations as may be pertinent:
1. Whether the country provides to ICCAT pertinent statistics on a
timely basis;
2. Whether the country has in force conservation measures
applicable to its own fishermen adequate for the implementation of the
Commission's recommendations;
3. Whether the country has in force measures for the control of
landing in its ports of species subject to regulations which are taken
in the ICCAT regulatory area by fishermen of other countries contrary
to the ICCAT conservation recommendations;
4. Whether the country, having put conservation measures into
effect, takes reasonable action to enforce such measures;
5. The number of vessels of the country which conduct fishing
operations in the ICCAT regulatory area; and
6. The quantity of species subject to regulation taken from the
regulatory area by the country's vessels contrary to the ICCAT
conservation recommendations and its relationship to: (A) The total
quantity permitted to be taken by the vessels of all countries
participating in the fishery; and (B) the quantity of such species
sought to be restored to the stocks of fish pursuant to the
Commission's conservation recommendations.
ICCAT Recommendations
In 1990, ICCAT recognized that swordfish yields were not
sustainable and that fishing mortality needed to be reduced. As a
result, six management recommendations were approved. First, mortality
on fish weighing more than 25 kg was to be reduced 15-percent from
recent levels, using 1988 as a base year. Mortality reductions could be
made by reducing catch or by reducing equivalent effort. Second, taking
and landing of fish smaller than 25 kg was prohibited. Tolerances were
allowed for incidental small fish catches, provided that small fish do
not exceed 15-percent of the total number of fish per boat landing.
Third, all countries directly fishing for swordfish were to limit
fishing mortality to 1988 catch levels or to an equivalent level of
effort. Fourth, notwithstanding the first and third recommendations,
countries with small catches were to keep annual catches at
``reasonable levels'' and abide by all conservation measures on small
fish. (This provision applies to Canada, but not to the United States.)
Fifth, countries not targeting swordfish were to limit incidental catch
to not more than 10-percent by weight of the total catch. Sixth, ICCAT
was to encourage cooperation by non-ICCAT members in achieving the
conservation goals of the ICCAT recommendations.
The Report of the 1990 ICCAT meeting shows that there was
considerable discussion of what would constitute ``reasonable levels,''
as that term was used in the fourth recommendation, but that term was
never specifically defined in the recommendation itself. Based upon
that discussion, the United States understood the term to refer to an
allowed increase in total country catch of up to 45-percent from its
1988 catch levels. When the United States introduced the fourth
recommendation dealing with countries with small catches, Portugal
supported the proposed wording, since the total impact of allowing the
countries with smaller catches to increase by 45-percent would be far
less than the bycatch taken at that time and which would be permissible
to countries that take swordfish as a bycatch. Canada supported the
position of Portugal.
In 1992, ICCAT's swordfish panel recommended that all nations
fishing for Atlantic swordfish restrict 1993-94 catch levels or fishing
capacity to recent levels (i.e., 1990-91). The panel also recommended
that the Standing Committee on Research and Statistics (SCRS) assess
the impact of conservation measures on the stock at the 1994 meeting.
Fishing Records
No country filed an objection to either the 1990 or 1992
recommendations; thus, the recommendations have come into force. As a
result of the U.S. regulations implementing the ICCAT recommendations,
U.S. landings have dropped rapidly from an all-time high of 6,385
metric tons (mt) in 1989 to the following levels for 1990-93,
respectively: 5,494 mt, 4,255 mt, 3,833 mt, and 2,584 mt. (The 1993
figure is preliminary.) This is a 60-percent reduction in catch in 4
years. In terms of the 1990 ICCAT recommendation setting the small fish
tolerance level at 15-percent by number, the percentage and number of
small fish landed also have decreased annually and, for the period
1989-92, were 37.7-percent (65,712 small fish from a total catch of
174,271), 32.5-percent (46,381 small fish from a total catch of
142,847), 21.8-percent (21,391 small fish from a total catch of
98,306), and 7-percent (5,417 small fish from a total catch of 77,487),
respectively. Effort has decreased as well. The number of vessels that
actually have fished has dropped 25-percent from 457 to 334.
Canadian landings have shown an opposite trend. From 1985-89,
annual Canadian catches were 585 mt, 1,059 mt, 954 mt, 898 mt, and
1,247 mt, respectively--well below Canada's self-determined quota of
3,500 mt for those years. In response to the 1990 ICCAT recommendations
for swordfish, Canada reduced its self-determined quota to 2,000 mt.
Since then, Canadian harvests of swordfish have rapidly increased from
991 mt in 1990, 1,026 mt in 1991, 1,547 mt in 1992, to approximately
2,322 mt in 1993. This is a 134-percent increase in landings. Prior to
1992, the last year that Canadian catches exceeded 1,500 mt was in
1980. The percentage and number of small fish landed have fluctuated
annually, and, for the period 1989-92, were 16.4-percent (3,445 small
fish from a total catch of 20,980), 10.7-percent (1,445 small fish from
a total catch of 13,525), 11.4-percent (1,824 small fish from a total
catch of 15,988), and 15.5-percent (4,092 small fish from a total catch
of 26,465), respectively. (Canada's 1993 small catch data was not
available at the time of printing.)
Since Canada harvested 898 mt in 1988, a 45-percent increase would
have been to 1,302 mt. However, Canada's current quota of 2,000 mt is
an increase of over 120-percent from 1988 levels. Additionally,
Canada's swordfish harvest in 1993 exceeded this quota by approximately
322 mt. Canada's quota for 1994 again is set at 2,000 mt.
In a meeting with the United States on this issue, Canada contended
that its 2,000 mt quota was within ``reasonable levels'' and disagreed
with the U.S. view that Canada, a ``minor'' harvesting nation at the
time the ICCAT recommendations came into force, should limit its
harvest to a 45-percent increase over its 1988 catch level. Canada
pointed out that, prior to the health alert of the 1970s that nearly
closed the fishery, Canadian fisherman were harvesting well over 2,000
mt. Further, Canada maintained that, until recently, no country had
objected to its self-determined 2,000 mt quota. Canada argued that its
quota reduction from 3,500 mt to 2,000 mt was tantamount to compliance
with the fourth ICCAT recommendation.
In addition to Canadian swordfish harvests, recent U.S. import
statistics have raised a concern that certain other countries also may
be harvesting swordfish in amounts inconsistent with the fourth ICCAT
recommendation. For example, Grenada increased its exports to the
United States more than 500-percent since 1990, to 3.29 mt; St. Vincent
and the Grenadines increased its exports 25-percent since 1992, to
13.39 mt; and Venezuela, an ICCAT member, has increased its exports
150-percent since 1990, to 141.5 mt.
As part of its investigation into alleged noncompliance, NMFS is
seeking additional information pertaining to the compliance by minor
swordfish harvesting nations with relevant ICCAT recommendations. The
texts of the relevant recommendations and U.S. domestic regulations can
be obtained by contacting NMFS (see ADDRESSES).
Classification
This document is exempt from review under of E.O. 12866.
Authority: 16 U.S.C. 971 et seq.
Dated: August 19, 1994.
Gary C. Matlock,
Program Management Officer, National Marine Fisheries Service.
[FR Doc. 94-20972 Filed 8-24-94; 8:45 am]
BILLING CODE 3510-22-F
