Atlantic Swordfish Fishery; 1995 Quotas

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 630

[Docket No. 950522139-5139-01; I.D. 042495B]

RIN 0648-AH75

Atlantic Swordfish Fishery; 1995 Quotas

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

Atmospheric Administration, Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to change the total allowable catch (TAC) for

the Atlantic swordfish fishery in accordance with the framework

procedure of the regulations. This rule proposes a reduction of the

directed-fishery TAC to 1,365 metric tons (mt) dressed weight for each

of two semiannual periods, each of which would be divided into a drift

gillnet quota of 27 mt and a longline and harpoon quota of 1,338 mt.

The amount of the semi-annual longline and harpoon quota allowed to be

landed would be 1,225 mt--the semi-annual quota amount less 113 mt, the

estimated weight of undersized swordfish that [[Page 29544]] would be

discarded dead semi-annually. The intent of this action is to protect

the swordfish resource while allowing harvests of swordfish consistent

with the recommendations of the International Commission for the

Conservation of Atlantic Tunas (ICCAT). NMFS is also soliciting comment

on alternative management strategies for extending the fishing season.

DATES: Comments on this proposed rule must be received on or before

July 17, 1995.

ADDRESSES: Copies of documents supporting this action may be obtained

from and comments on the proposed rule should be sent to Richard H.

Schaefer, Director, Office of Fisheries Conservation and Management,

National Marine Fisheries Service, 1315 East-West Highway, Silver

Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Richard B. Stone, 301-713-2347.

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.) (Magnuson Act) 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.

NMFS has reevaluated the annual TAC, the annual directed-fishery

quota, the annual bycatch quota, bycatch limits in the non directed

fishery, and the harpoon gear set-aside quotas 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. ICCAT's Standing

Committee on Research and Statistics conducted a stock assessment of

North Atlantic swordfish in November, 1994. The assessment report

indicates the North Atlantic swordfish stock is overfished, stock

biomass continues to decline, and a large reduction in yields is

necessary in the immediate future if the stock is to be rebuilt to the

level that supports maximum sustainable yield.

Based on the assessment findings, ICCAT adopted recommendations

that include country-specific quotas that will reduce catch levels for

the major harvesting nations. The recommended 1995 quota for the United

States is 3,970 mt whole weight (2,984 mt dressed weight). Estimates of

swordfish discarded dead are now included in the total catch quota.

In accordance with a review of the factors specified in 50 CFR

630.24(d), NMFS proposes for 1995 a decrease in TAC of 449 mt to 2,984

mt. All weights in this proposed rule are in dressed weight of

swordfish unless indicated otherwise. The proposed TAC would be divided

between a directed-fishery quota of 2,730 mt and a bycatch quota of 254

mt. These quotas in 1994 were 3,175 mt and 254 mt, respectively.

The directed-fishery quota would be divided into two 1,365 mt

semiannual quotas for each of the 6-month periods, January 1 through

June 30, and July 1 through December 31. Each of the 1,365 mt

semiannual quotas would be further subdivided into a drift gillnet

quota of 27 mt and a longline and harpoon quota of 1,338 mt. This

allocation by gear types employs the same percentages in effect in

1994.

NMFS estimates that approximately 113 mt of swordfish semi-annually

will be discarded dead, based on estimates from 1992 and 1993, recent

estimated rates of discards, and expected improvement by the fleet in

avoiding small fish. Therefore, the semi-annual landing quota for the

longline and harpoon swordfish fishery would be the semi-annual catch

quota of 1,338 mt minus the estimated semi-annual dead discards of 113

mt, or 1,225 mt for each of the two semiannual periods.

NMFS has no new information sufficient to justify changes in the

bycatch quota of 254 mt or the existing 10 mt special set-aside quota

for harpoon gear. Likewise, there were no new data, or new data have

not been thoroughly analyzed that would warrant revision to the

existing bycatch limits of 5 swordfish per trip in the squid trawl

fishery and 2 swordfish per trip for all other bycatch fisheries.

This rule would revise the address of NMFS Southeast Regional

Director, which has changed.

Segments of the industry have expressed concern that it may become

necessary for NMFS to close some or all segments of the fishery prior

to the end of the year, causing economic disruption in the industry.

Therefore, NMFS is soliciting comments on alternative management

methods that could extend the fishing season, should it appear that the

second semiannual quota would be exceeded prior to year-end. A variety

of management methods are available to prevent premature closures, so

NMFS is requesting comments on the following:

(1) A set-aside of 227 mt in the second semiannual period reserved

for the longline fleet. When the quota, less 227 mt, is reached, the

fishery would be closed. On November 15, the longline set-aside season

would open until NMFS determines that the set-aside quota is reached;

(2) A seasonal closure of the directed fishery, such as the month

of August or September, during which the possession limit would be set

between 10 to 15 swordfish, rather than the 2 fish possession limit

imposed after attainment of the quota in the longline fishery;

(3) Closures by area or region and by week or month to avoid catch

of small fish in both the directed and incidental fisheries of each

gear type;

(4) A catch limit for each vessel, by gear type, for each trip in

the directed longline and drift gill net fisheries.

The set-aside option is currently being considered by NMFS for

implementation by the final rule, but upon consideration of the written

and public hearing comments, another option may be implemented.

NMFS is also requesting comment on the closure process for the

Atlantic swordfish fishery, particularly the lengths of time between

notification, end of fishing, returning to port, and unloading the

catch.

Classification

This proposed rule is published under the authority of the ACTA.

Preliminarily, the Assistant Administrator for Fisheries, NOAA, has

determined that the regulations contained in this proposed 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 this proposed rule, if adopted, would not have a

significant economic impact on a substantial number of small entities.

The 1995 TAC represents about a 13-percent reduction from the TAC of

the previous 2 years. However, the TAC has not been fully utilized in

the past 3 years. The overall impact in a fully utilized fishery would

affect about 200 fishermen and potentially reduce their income by about

13 percent, provided there is no change in international market

conditions. Under the TAC, the allowable catch is slightly higher than

last year's catch; as a result, a regulatory flexibility analysis was

not prepared.

This action is exempt from review under E.O. 12866.

List of Subjects in 50 CFR Part 630

Fisheries, Fishing, Reporting and recordkeeping requirements

[[Page 29545]] Dated: May 30, 1995.

Gary Matlock,

Program Management Officer, 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. 630.2, ``Regional Director'' is revised to read as

follows:

Sec. 630.2 Definitions.

* * * * *

Regional Director means the Director, Southeast Region, NMFS, 9721

Executive Center Drive North, St. Petersburg, FL 33702-2432.

* * * * *

3. In Sec. 630.24, paragraph (b)(1) is revised to read as follows:

Sec. 630.24 Quotas.

* * * * *

(b) * * *

(1) The annual quota for the directed fishery for swordfish is

2,730 mt, dressed weight, divided into two semiannual quotas as

follows:

(i) For the semiannual period January 1 through June 30--

(A) 27 mt dressed weight, that may be harvested by drift gillnet;

and

(B) 1,338 mt, dressed weight, that may be harvested by longline and

harpoon. To account for harvested fish that are discarded dead, only

1,225 mt may be landed in this category.

(ii) For the semiannual period July 1 through December 31--

(A) 27 mt, dressed weight, that may be harvested by drift gillnet;

and

(B) 1,338 mt, dressed weight, that may be harvested by longline and

harpoon. To account for harvested fish that are discarded dead, only

1,225 mt may be landed in this category.

* * * * *

[FR Doc. 95-13685 Filed 6-2-95; 8:45 am]

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