Atlantic Swordfish Fishery; Quotas and Closure of Directed Fishery

DEPARTMENT OF COMMERCE

50 CFR Part 630

[Docket No. 950522139-5219-02; I.D. 042495B]

RIN 0648-AH75

Atlantic Swordfish Fishery; Quotas and Closure of Directed

Fishery

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Interim and final rule; Annual quotas and closure; request for

comments.

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SUMMARY: By final rule, NMFS amends the regulations governing the

Atlantic swordfish fishery by: 1) Reducing the total allowable catch

(TAC) to 2,984 metric tons (mt); 2) increasing the swordfish bycatch

limit to 15 fish for longline vessels when the directed longline

swordfish fishery is closed; 3) providing authority for NMFS to modify

the bycatch limit; 4) increasing the minimum notice of a closure to 14

days; and 5) reducing the minimum days allowed for the public comment

on proposed quota adjustments to 30 days. By interim rule, NMFS amends

the regulations to establish a 1996 trip limit of 31,600 pounds (lb)

(14,334 kg) dressed weight of swordfish. 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) and to provide authority to

NMFS to make adjustments to the trip limits. NMFS also announces a

closure of the directed swordfish fishery for longliners.

DATES: Effective September 8, 1995. The closure for the directed

longline fishery for swordfish is effective from 12 noon on October 31,

1995 through 11:59 p.m. December 31, 1995.

Comments on the 1996 trip limits must be submitted by November 1,

1995, and will be considered in establishing final trip limits.

ADDRESSES: Copies of an Environmental Assessment/Regulatory Impact

Review (EA/RIR) supporting this action may be obtained from Richard B.

Stone, Chief, Highly Migratory Species Management Division, Office of

Fisheries Conservation and Management, National Marine Fisheries

Service, 1315 East-West Highway, Silver Spring, MD 20910. Comments on

the interim rule for trip limits should be sent to the same address.

FOR FURTHER INFORMATION CONTACT: Ronald G. Rinaldo or 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 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.

Background information about the need for revisions to the

regulations governing the Atlantic swordfish fishery was provided in

the notice of proposed rulemaking (60 FR 29543, June 5, 1995) and is

not repeated here.

These regulatory changes will improve NMFS' ability to implement

the ICCAT recommendations and further the management objectives for the

Atlantic swordfish fishery. NMFS has re-evaluated 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. The final

regulations are summarized as follows:

1. Total Allowable Catch (TAC)

NMFS is decreasing the annual TAC by 449 mt to 2,984 mt. All

weights are in dressed weight of swordfish, unless indicated otherwise.

The TAC is divided between a directed-fishery quota of 2,730 mt and a

bycatch quota of 254 mt. The directed-fishery quota is 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 is further subdivided into a drift gillnet quota of

[[Page 46776]]

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

gear types employs the same percentages that were in effect in 1994.

NMFS estimates that approximately 113 mt of swordfish semiannually

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 semiannual landing quota for the

longline and harpoon swordfish fishery is the semiannual catch quota of

1,338 mt minus the estimated semiannual dead discards of 113 mt, or

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

Following a closure of the directed longline fishery, any

overharvest or underharvest will be added or subtracted, respectively,

to the bycatch reserve of 254 mt. The ability to add or subtract

underage or overage ensures that the United States will abide by ICCAT

quotas while meeting the requirement under ATCA to provide U.S.

fishermen with a reasonable opportunity to harvest their full quota.

NMFS has no new information sufficient to justify changes in the

existing 10 mt special set-aside quota for harpoon gear.

2. Swordfish Bycatch in the Non-Directed Fishery

There are no new data or analyses that indicate a need for revision

to the existing bycatch limits of five swordfish per trip in the squid

trawl fishery and two swordfish per trip for all other bycatch

fisheries, except the non-directed season in the longline fleet for

1995. Data analyzed by NMFS on longline vessels not directing at

swordfish indicate that an increased bycatch limit of 15 swordfish per

vessel trip would minimize the discards for 75 percent of the trips in

6 of the 7 fishing areas analyzed, without exceeding the bycatch

reserve. Therefore, a bycatch limit of 15 fish per trip is established

for longline vessels during the non-directed fishing season. This

bycatch limit is based, in part, on the estimated period of time during

which the directed fishery will be closed. The rule authorizes the

Assistant Administrator for Fisheries, NOAA (AA) to modify the bycatch

limits based upon the estimated period of time that the directed

fishery is closed as well as the swordfish bycatch in the non-directed

fishery.

3. Trip Limits

The reduced TAC and additional fishing capacity in the 1996

swordfish fishery will likely result in early closure of the directed

fishery, resulting in economic disruption and hardship to the fleet.

NMFS solicited comments on measures to extend the fishing season,

including possible trip limits. The interim rule imposes a trip limit

for swordfish for permitted longline commercial fishing vessels, and

authorizes the AA to make adjustments in the management measures in

order to achieve Atlantic swordfish management objectives. These

adjustments may include changes in commercial trip limits. Under the

interim trip limit, permitted longline vessels may harvest and possess

up to 31,600 lb (14,334 kg) of swordfish per trip in 1996. This trip

limit is based on the maximum catch of 90 percent of the trips in the

Grand Banks (distant-water) fishing trips in 1992 and 1993. Trip limits

are not defined by vessel type due to the difficulty of classifying

distant-water versus coastal-water vessels. NMFS is soliciting further

comments and suggestions from industry on how to clearly classify and

monitor trip limits by vessel type and/or area fished.

Implementation of this trip limit for permitted vessels is intended

to lower total daily landings, extend the open season, reduce the

possibility that the semiannual quota will be exceeded, and reduce the

waste, economic disruption and safety problems associated with a derby-

style fishery.

4. Other

This rule reduces the minimum number of days allowed for public

comment on proposed adjustments to the annual quota from 45 to 30. This

reduction is intended to help expedite the rulemaking process for the

swordfish fishery, particularly given the relatively brief period

between the ICCAT recommendations and the commencement of the fishing

season. NMFS also requests comments on whether the fishing year should

be changed from January through December to July through June. Such a

change would allow NMFS to implement ICCAT recommendations prior to the

start of the fishing year.

This rule also changes the address of the Director, NMFS Southeast

Region, whose office has moved.

Finally, this rule increases the minimum notice required for a

closure from 8 days to 14 days, due to the difficulty for distant water

vessels to return to port and offload within 8 days. Thus, a vessel

will have a minimum of 14 days to return to port and offload.

Comments and Responses

1. ICCAT Quota Recommendations

Comment: Many fishery participants stated their concern over the

country swordfish quotas set by ICCAT for 1995 and 1996. Some

commenters suggested that the total quota was set too high to allow for

stock recovery, while others indicated that the 1996 U.S. quota should

be renegotiated, so that countries that did not comply with previous

ICCAT recommendations would be penalized. The 1994 underage should be

added to the 1995 quota.

Response: NMFS agrees that the total swordfish quota for the North

Atlantic may not ensure stock recovery. The swordfish stock assessment

will be reviewed at the 1995 meeting of the Scientific and Statistical

Committee of ICCAT. Pending this review, NMFS is obligated under ATCA

to implement the ICCAT-recommended quotas. The issue of renegotiating

the U.S. quota at ICCAT is beyond the scope of this rulemaking. NMFS

agrees that overage/underage is a useful concept that should be

discussed at the 1995 ICCAT meeting for future implementation.

2. June-July Application of Total Allowable Catch (TAC)

Comment: Some commenters suggested that quotas be applied on a

July-June basis rather than calendar-year basis.

Response: The United States will discuss this issue at ICCAT and

NMFS is seeking additional comment from the public on this issue.

3. Measures to Extend the Fishing Season

Comment: NMFS solicited and received numerous suggestions regarding

methods to extend the fishing season. Several suggestions were made for

extending the fishing season, given the reduced TAC for 1995 and 1996

and the increased fishing capacity due to the return of highliners that

had left the Atlantic over the past 4 years to operate in the Pacific.

These suggestions included trip limits, seasonal closure of the

directed fishery, and establishment of set-aside quotas; the bulk of

these were to be applied by vessel size, operation (distant-water

versus coastal-water), or by region. There was considerable concern

that the landings of larger, distant-water vessels would result in a

closure of the fishery, with detrimental effects on smaller operators

that provide year-round fresh and high-quality fish. Others were

concerned that whatever is done be done equitably and not to the

detriment of the distant water fleet or fishermen in northern areas.

Some commenters suggested that NMFS classify the vessels according to

individual fishing records.

Response: NMFS agrees that the reduced TAC and the additional

fishing

[[Page 46777]]

capacity will result in early closure of the directed fishery,

resulting in economic disruption and hardship to the fleet. The interim

rule establishes a limit of 31,600 lb (14,334 kg) of swordfish per trip

for 1996 for all vessels in all regions. The difficulty of classifying

distant-water vs. coastal-water vessels and of enforcing different trip

limits for them requires the establishment of one trip limit at this

time. There is insufficient analysis to enable classification based on

an individual vessel's past performance. The trip limit is based on 90

percent of the trips taken in the Grand Banks (distant-water) fishery

in 1992 and 1993. The trip limit should extend the season while

affecting only the larger, distant-water vessels, rather than the

smaller, inshore boats that take shorter trips. NMFS will continue to

analyze appropriate trip limits for smaller vessels and vessels in

other geographical regions to determine equitable limits for all

vessels. NMFS will consider comments and suggestions from the industry,

particularly with regards to methods for clearly distinguishing

distant-water versus smaller, inshore vessels, in promulgating final

trip limits for 1996.

4. Swordfish Bycatch in the Non-directed Fishery

Comment: NMFS solicited and received numerous comments on revisions

of the longline bycatch limit during closure of the directed longline

fishery. Commenters indicated that the catch limit during closure of

the directed swordfish fishery should be reviewed in order to minimize

the waste from dead discards and to minimize the economic disruption

and hardship caused by the closure of the directed fishery.

Response: NMFS agrees that the bycatch limit warrants revision

given the high probability of a closure under a reduced TAC and

increased fishing capacity. The final rule establishes a bycatch limit

for longliners of 15 swordfish per trip during the non-directed fishing

season. This limit is based on analysis of catch data for longline

vessels not targeting swordfish. Bycatch by other gear types remains at

the current levels.

5. Undersized Swordfish Discards

Comment: There were numerous comments regarding dead discards of

undersized swordfish. Some commenters indicated that it may be possible

to reduce undersized bycatch through area and season closures, and

possibly gear modifications, including the use of size-selective gear-

types such as harpoons. Comments were made regarding the Second Harvest

Program; some feel the program should be implemented while others are

concerned about the possible problems due to lack of observers and tax-

saving incentives.

Response: NMFS continues to support research and analysis that

would provide information on how to reduce the catch of undersized

swordfish. This reduction is increasingly critical given the reduced

TAC and increased fishing capacity. NMFS believes that this issue

should be addressed at ICCAT and will raise the issue at the ICCAT

Advisory Committee meeting. Regarding Second Harvest, NMFS is

proceeding with this program under strict observation and enforcement

requirements.

6. Limited Access for the Atlantic Swordfish Fishery

Comment: Many commenters reiterated the long-standing request on

the part of some industry participants to implement limited access in

the swordfish fishery and feel that NMFS should implement limited

access for the Atlantic swordfish fishery as soon as possible. Some

firms may go out of business unless limited access is implemented by

1996.

Response: NMFS has published an Advance Notice of Proposed

Rulemaking announcing the availability of discussion papers on limited

access options for the Atlantic swordfish and shark fisheries, as well

as a concept paper on rationalization of fisheries for Atlantic highly

migratory species. These discussion papers will serve as the basis for

proposed rulemaking on limited access in these fisheries in the fall of

1995.

7. Procedures for Fishery Closures

Comment: Numerous comments were offered on the optimal method for

announcing and implementing a closure of the directed fishery.

Announcement of a closure should be made at least 14 days in advance,

and provide an additional 14-day period for offloading the catch.

Response: NMFS agrees that adequate closure notification is

necessary to prevent market gluts as well as safety problems with

closure announcements. This rule increases the minimum notice of a

closure from 8 to 14 days. Thus, once NMFS issues a closure notice, a

vessel will have a minimum of 14 days to return to port and offload. At

this time, NMFS is not providing an additional 14 days to offload

because of enforcement concerns that need further analysis.

Changes from the Proposed Rule

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

630.24(d), consideration of the comments received, and further analysis

of available data, the following changes were made to the proposed

rule:

1. Swordfish Bycatch in the Non-directed Fishery

The final rule establishes a bycatch limit of 15 fish per trip for

longline vessels during the non-directed fishing season.

2. Trip Limits

The interim rule allows all permitted vessels to harvest and

possess up to and including 31,600 lb (14,334 kg) of swordfish per trip

in 1996.

3. Other

The final rule changes the minimum number of days allowed for

public comment for proposed adjustments to annual quotas from 45 to 30,

and the minimum notification of a closure from 8 days to 14 days.

Closure of the Directed Fishery

The regulations governing the Atlantic swordfish fisheries at 50

CFR 630.25 provide for a specified annual quota (modified to 2,450 mt

dressed weight in this final rule, including estimated dead discards)

to be harvested by the directed longline fishery. NMFS is required,

under Sec. 630.25(a)(1), to monitor the catch and landing statistics

and, on the basis of these statistics, to project a date when the catch

of will equal the quota, and to publish a Federal Register document

announcing the closure. The current projected date on which the

directed Atlantic swordfish catch by the longline fleet is estimated to

reach or exceed the quota is October 31, 1995.

Therefore, NMFS announces that the directed longline fishery for

swordfish is closed at 12 noon on October 31, 1995. During the closure

of the directed longline fishery, aboard a vessel using or having on

board a longline and not having on board harpoon gear, a person may not

fish for swordfish from the North Atlantic stock, and no more than 15

swordfish per trip may be possessed or landed. Beginning at 12:01 p.m.,

October 31, 1995, a non-directed longline fleet fishing season will be

in effect through 11:59 p.m. December 31, 1995. The AA may modify or

close the non-directed longline fleet fishing season upon publication

of notification in the Federal Register.

[[Page 46778]]

Classification

This final rule is published under the authority of ATCA. The AA

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 at the proposed rule stage that, if adopted, this rule

would not have a significant economic impact on a substantial number of

small entities. That certification remains valid. While the 1995 TAC

represents about a 13-percent reduction from the TAC of the previous 2

years, the allowable catch is slightly higher than last year's catch;

as a result, a regulatory flexibility analysis was not prepared. The

RIR provides further discussion of the economic effects of the final

rule.

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

NMFS issued a biological opinion under the Endangered Species Act

(ESA) on September 1, 1995, indicating that the level of impact and

marine mammal takes from the longline and harpoon swordfish fishery is

not likely to jeopardize the continued existence of any sea turtle

species or any marine mammal populations. Prior to the beginning of the

1996 drift gillnet fishery, NMFS will conduct a formal consultation on

the fishery under the ESA. Based on the results of the consultation,

NMFS may then conduct a rulemaking to promulgate any protective

measures prior to the beginning of the drift gillnet fishing season.

Since there is no gillnet fishery for the remainder of 1995, no ESA

consultation on the drift gillnet fishery is necessary at this time.

The AA has determined that there is good cause to waive partially

the 30-day delay in effective date normally required by 5 U.S.C.

553(d), because implementing the U.S. ICCAT-recommended quota for 1995

is necessary for achieving management objectives and meeting ICCAT

treaty obligations. The effective date is 7 days from the date of

filing with the Office of the Federal Register.

List of Subjects in 50 CFR Part 630

Fisheries, Fishing, Reporting and recordkeeping requirements,

Treaties.

Dated: September 1, 1995.

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. 630.2, the definition for ``Regional Director'' is

revised, and the definition for ``Trip limit'' is added, in

alphabetical order, 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; telephone

813-570-5301, or a designee.

* * * * *

Trip limit means the total allowable take from a single trip as

defined in this section.

* * * * *

3. In Sec. 630.7, paragraph (z) is added to read as follows:

Sec. 630.7 Prohibitions.

* * * * *

(z) Exceed the vessel trip limits specified in Sec. 630.23.

4. In Sec. 630.23, paragraph (d) is added to read as follows:

Sec. 630.23 Harvest limitations.

* * * * *

(d) Vessel trip limits. In 1996, vessels issued a swordfish permit

under Sec. 630.4 may not land from, or possess during, a single trip

more than 31,600 lb (14,334 kg) dressed weight of swordfish, unless a

closure has been effected under Sec. 630.25.

5. In Sec. 630.24, paragraph (b)(1), the first sentence of

paragraph (d)(6), and paragraph (f) are 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, dressed weight, 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, dressed weight, may be landed in this category.

* * * * *

(d) * * *

(6) NMFS will announce any adjustments to the annual quotas by

publication of a proposed rule in the Federal Register, providing for a

minimum of a 30-day comment period. * * *

* * * * *

(f) Inseason adjustments to the bycatch and directed fishery

quotas. (1) If NMFS determines that the annual bycatch quota will not

be taken before the end of the fishing year, the excess quota may be

allocated to the directed-fishery quotas pursuant to the requirements

and procedures in paragraphs (g) and (h) of this section.

(2) If NMFS determines that it is necessary to close the directed

fishery, any estimated overharvest or underharvest directed-fishery

quota available immediately prior to that closure will be applied to

the annual bycatch quota and will be used to adjust the annual bycatch

quota accordingly.

* * * * *

7. In Sec. 630.25, the second sentences of paragraphs (a)(1) and

(a)(2), and paragraph (c)(2)(ii) are revised to read as follows:

Sec. 630.25 Closures and bycatch limits.

(a) * * * (1) * * * The effective date of such notice will be at

least 14 days after the date such notice is filed at the Office of the

Federal Register. * * *

(2) * * * The effective date of such notice will be at least 14

days after the date such notice is filed at the Office of the Federal

Register. * * *

* * * * *

(c) * * *

(2) * * *

(ii) No more than 15 swordfish per trip may be possessed in the

North Atlantic Ocean, including the Gulf of Mexico and Caribbean Sea,

north of 5O N. lat., or landed in an Atlantic, Gulf of Mexico, or

Caribbean coastal state. The Assistant Administrator may modify or

change the bycatch limits upon publication of notice in the Federal

Register pursuant to the requirements and procedures in paragraphs

(a)(1) and (a)(2) of this section. Changes in the

[[Page 46779]]

bycatch limits will be based upon the length of the directed fishery

closure as well as the estimated catch per vessel in the non-directed

fishery.

* * * * *

[FR Doc. 95-22238 Filed 9-1-95; 4:39 pm]

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