Atlantic Swordfish Fishery; 1996 Quotas, Minimum Size, Adjustment

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 630

[Docket No. 960314073-6145-02; I.D. 030896E]

RIN 0648-AI23

Atlantic Swordfish Fishery; 1996 Quotas, Minimum Size, Adjustment

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: NMFS issues this final rule to amend the regulations governing

the Atlantic swordfish fishery to: Reduce the annual total allowable

catch (TAC) to 2,625 metric tons (mt) dressed weight (dw) via a split

season (June 1 - May 31), decrease the minimum size to 73 cm (29

inches) cleithrum to caudal keel measure, eliminate the trip allowance

for undersized fish, and make reporting requirements consistent with

the

[[Page 27305]]

current logbook program. The intent of this action is to rebuild the

swordfish resource while allowing harvest of swordfish consistent with

recommendations of the International Commission for the Conservation of

Atlantic Tunas (ICCAT).

EFFECTIVE DATE: The rule is effective June 4, 1996.

ADDRESSES: Copies of Biological Opinions and a Final Environmental

Assessment/Regulatory Impact Review (EA/RIR) supporting this action may

be obtained from Rebecca Lent, Highly Migratory Species Management

Division, Office of Fisheries Conservation and Management, National

Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD

20910. 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 and to the Office of Management and

Budget (OMB), (0648-0016), Attention: NOAA Desk Officer, Washington, DC

20503.

FOR FURTHER INFORMATION CONTACT: 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 issued under the authority

of the Magnuson 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 information about the need for revisions to Atlantic

swordfish fishery regulations was provided in the proposed rule (61 FR

15212, April 5, 1996) and is not repeated here.

Management Measures

These regulatory changes will improve NMFS' ability to implement

the ICCAT recommendations and further the management objectives for the

domestic swordfish fisheries:

1. TAC and Fishing Year Definition

NMFS changes the definition of the fishing year for purposes of TAC

implementation to June 1 - May 31. NMFS also decreases the annual TAC

by 359 mt to 2,625 mt, which is consistent with the 1994 ICCAT

recommendation. All weights are in dw of swordfish, unless indicated

otherwise. The TAC is divided between a directed-fishery quota of 2,371

mt and a bycatch quota of 254 mt. The directed-fishery quota is divided

into two 1,185.5 mt semiannual quotas for each of the 6-month periods,

June 1 through November 30, and December 1 through May 31. Each of the

1,185.5 mt semiannual quotas is further subdivided into a drift gillnet

quota of 23.45 mt and a longline and harpoon quota of 1,162.05 mt. The

semiannual TAC for the longline and harpoon swordfish fishery is

reduced by the estimated semiannual dead discards of 97.6 mt to yield a

landing quota of 1,064.44 mt for each of the two semiannual periods.

Following a closure of the directed longline fishery in any

semiannual period, any overharvest or underharvest will be added to or

subtracted from the bycatch quota of 254 mt. The ability to add or

subtract underage or overage ensures that the United States will abide

by the annual ICCAT quotas.

The special set-aside quota for harpoon gear remains at 10 mt.

Due to the need to meet observer coverage requirements for the

drift gillnet fishery, the starting date for this gear type only, for

their 1996 quota, is delayed until July 1, 1996. Contracts, research

projects, and other arrangements for observer coverage necessary due to

the Category I status of the drift gillnet fishery could not be

modified in 1996 to accommodate the revised starting date of June 1,

1996. Thus, the first semiannual drift gillnet quota will be applicable

during the period of July 1 - November 30, 1996, and the second

semiannual quota will apply to the period of December 1, 1996 to May

31, 1997. The bridge period quota (see below) will be applied for drift

gillnet vessels during the period of January 1 - June 30, 1996. Thus,

drift gillnetters may fish prior to July 1, 1996, subject to the bridge

period quota, which has not been reached to date. The revised fishing

year and semiannual periods established herein for other fishing

categories will be applied for the drift gillnet fishery beginning June

1, 1997.

2. Bridge Period TAC

A bridge period TAC is determined for the first 5 months of 1996 at

a level equal to five twelfths of the 1995 U.S. quota, which is

equivalent to 1,149.5 mt (106 mt bycatch, 1021 mt longline, and 22.5 mt

drift gillnet). As discussed above, drift gillnet vessels may continue

fishing through June 1996 as long as the bridge period quota has not

been filled.

3. Alternative Minimum Size

The final rule implements the ICCAT-recommended alternative minimum

size of 119 cm (47 inches) lower jaw fork length (LJFL) with zero

tolerance for undersized fish, meaning that no swordfish less than this

smaller minimum size may be retained on board fishing vessels.

Therefore, the current tolerance of undersized fish (15 percent by

number per trip) is eliminated. The 119 cm (47'') LJFL is equivalent to

a cleithrum to caudal keel measure (CK) of 73 cm (29 inches) or 15 kg

(33 lb) dw.

4. Other Changes

Changes are made to the regulatory text to make vessel reporting

requirements consistent with the current logbook program.

Comments and Responses

1. Quota Reduction and Allocation

Comment: Most comments supported the reduction in TAC as

recommended by ICCAT. There was some concern, however, over the

calculation of discards, both in terms of the rate used and the fact

that only the United States deducts this estimate from their allowable

catch.

Response: NMFS agrees that a reduction in TAC to the level

recommended by ICCAT is not only necessary under ATCA but also

desirable, given that current catch levels exceed replacement yield.

The longline discard rate applied in setting the TAC is identical to

that used in 1995. However, as data become available, this discard rate

could be revised to account for the modification in the minimum size.

The United States reports estimated longline discards of undersized

swordfish to ICCAT, and had committed, for 1995 and 1996 only, to

reducing the TAC accordingly.

Comment: Some commenters felt that the drift gillnet quota should

be higher given the number of participants and the derby nature of the

fishery. Another commenter suggested that gear-specific quotas be

discontinued, to be replaced with a fixed season for the driftnet

fishery of 2 months.

Response: The percentage share allocated to the longline and drift

gillnet fishery is identical to that used in 1994 and 1995 and is based

on the share of total catch harvested by these user groups in 1988.

NMFS disagrees with the suggestion of having a season for drift

gillnetting rather than a quota, since this would only intensify the

derby-fishing nature of this gear category, particularly since it is

open access.

2. Split Season

Comment: Some commenters agreed with the split season as one option

to improve the economic condition of the swordfish fishermen under

declining

[[Page 27306]]

quotas. They indicated that, for the two periods of high likelihood for

a swordfish longline directed fishery closure, April/May are good

months for yellowfin tuna, while October/November have historically

been low price months for swordfish.

Response: NMFS agrees that the new semiannual periods might allow

for the best possible prices for swordfish catch, which is particularly

important to mitigate decline in exvessel revenue given the reduction

in TAC.

Comment: Some commenters expressed concern over the possible

increased interaction with bluefin tuna and/or protected species given

the change in the fishing season.

Response: The swordfish longline fishery has never been closed

during the months of June or July; therefore, it is unlikely that the

pattern of interaction with bluefin or other bycatch species would be

modified by this change in the fishing season. Fishing with the use of

drift gillnets in the first half of the existing semiannual period

generally began in earnest around mid-June; therefore, it is not

evident that a June 1 starting date would modify the pattern of

protected species interaction. However, given the need to meet observer

coverage requirements for the drift gillnet fishery, the starting date

for this gear type for 1996 only is delayed until July 1, 1996, to

accommodate arrangements already in place for this year's fishery.

Thus, the semiannual drift gillnet 1996 quota will be applicable during

the period of July 1 - November 30, 1996, and the second semiannual

quota will hold during the period of December 1, 1996 to May 31, 1997.

The revised fishing year and semiannual periods thus will be applied

for the drift gillnet fishery beginning June 1, 1997, unless further

information and/or analyses received before that date warrant a change

in this regulation.

3. Revised Minimum Size

Comment: Some commenters felt that the revised minimum size would

lead to decreased discards and facilitate enforcement. Others felt that

the minimum size should be increased to 50 lb and/or the average weight

at first reproduction (80 kg round weight, or 132 lb dw). Some

commenters also suggested that fishers be allowed to retain swordfish

less than the minimum size for their own consumption or for charity

purposes.

Response: NMFS agrees that implementation of the alternative

minimum size could lead to a reduction in the longline discard rate to

the extent that undersized fish that are now harvested under the 15

percent tolerance and/or discarded at sea are within the new, lower

minimum size range. An increase in the minimum size to 50 lb or 132 lbs

(reproductive weight) could lead to a significant increase in the

discard rate. Finally, retention of swordfish less than the alternative

minimum size could be counter to the ICCAT recommendation, with the

exception of the Second Harvest program which has been approved by

ICCAT.

Comment: Several commenters suggested that NMFS consider time-area

closures to reduce the catch of undersized swordfish.

Response: Preliminary research conducted by NMFS indicates certain

areas in which there is relatively higher interaction with undersized

swordfish. However, a complete analysis should be conducted on the

potential time-area closures and the impact of these closures on the

fishery. In addition, the revised minimum size and fishing season could

have an effect on the rate of small fish interaction. Time-area

closures may be considered in future rulemaking if analysis warrants.

Comment: It was noted that the ICCAT recommendation would

facilitate a possible ban on sale of swordfish under the minimum size

if a country adopts the alternative minimum size with zero tolerance.

This would allow the United States to halt the import of undersized

swordfish from Nations that do not comply with the ICCAT

recommendation.

Response: NMFS agrees that a ban on the sale of Atlantic swordfish

under the lower minimum size would facilitate enforcement and ensure

that ICCAT conservation efforts are not hampered by harvest and export

to the United States of undersized swordfish from non-complying

Nations. However, given the considerable volume of domestic and

imported Pacific swordfish that is handled nationwide, NMFS must

establish an enforceable system to document shipments of swordfish

harvested outside the management unit. Such a system is under

consideration but will require some time to comply with Paperwork

Reduction Act (PRA) requirement. In the meantime, since adoption of the

alternative minimum size will facilitate U.S. Atlantic enforcement and

may reduce the discard rate, NMFS is implementing the alternative

minimum size.

4. Other

Comment: There were continued comments regarding the need to allow

a 14-day offloading period for swordfish during a closure due to the

market effects of a sudden increase in landings.

Response: NMFS agrees that closure dates can cause a market glut

and lower prices. However, even a 14-day offloading window can cause

such a market glut, since vessels may have an incentive to wait until

the last day or two of this window to sell their swordfish. In

addition, given that the concern over sudden increase in supply comes

primarily from long-distance vessels that tend to take longer trips,

there is concern about the effect of further delaying the offloading on

the quality of the swordfish landed. Finally, a 14-day window only

would encourage vessels to return to port at the last minute, with

possible consequences on the catch rate in the final days, leading to

even earlier closure dates.

Comment: There were several comments on issues that are beyond the

scope of this rule, including: Requiring equal coverage for vessels of

all gear types, with a minimum of 50 percent coverage; establishing

target catch criteria for swordfish bycatch during closure of the

directed fishery; proposals to extend the fishing season; allowing more

than

30 days to comment on a proposed rule; and monitoring the U.S.

swordfish catch in the south Atlantic.

Response: These issues are beyond the scope of this rulemaking, the

primary purpose of which is to implement the 1996 TAC via the split

season, along with revising the minimum size. NMFS will consider the

comments above in future rulemaking. With respect to the monitoring of

swordfish catch in the South Atlantic, all U.S. permitted vessels are

currently subject to a reporting requirement, including negative

reporting.

Based on consideration of comments received, only one change was

made to the proposed rule, notably the date of effectiveness of the

split season for the drift gillnet fishery, as noted above.

Classification

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

Assistant Administrator for Fisheries, NOAA 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

that the proposed rule, if adopted, would not have a significant

economic impact on a substantial number of small entities. The 1996 TAC

represents about a 12-percent reduction from the TAC of the

[[Page 27307]]

previous year, which could result in short-term potential losses in

gross revenue of about $3.2 million. However, these potential losses

will be at least partially offset by increases in price due to

declining supply (demand is price-inelastic) and the split season. In

addition, pelagic longline vessels may redirect fishing effort to

Atlantic tunas, dolphin fish, and other species, as occurred in the

1995 season. As a result, a regulatory flexibility analysis was not

prepared. The RIR provides further discussion of the economic effects

of the rule.

This action has been determined to be not significant for purposes

of E.O. 12866.

NMFS has determined that there is good cause to waive partially the

30-day delay in the effective date normally required by section 553(d)

of the Administrative Procedure Act. Since this fishery is underway,

early implementation of the new TAC and minimum size will ensure

effective implementation of the ICCAT recommendations.

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 PRA unless that collection of information displays a currently

valid OMB Control Number.

This final rule includes changes to the regulatory text regarding

vessel reporting requirements in an effort to be consistent with

changes in the logbook program. However, there are no new collection-

of-information requirements since the proposed rule simply clarifies

requirements that have been approved by the OMB under Control Number

0648-0016 in 15 CFR part 902. Public reporting burden for this

collection of information is estimated to average 2 minutes for logbook

records and trip summaries.

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.

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 issued biological opinions under the Endangered Species Act on

September 1, 1995, and on February 2, 1996, indicating that the level

of impact and marine mammal takes from the longline and harpoon, and

drift gillnet swordfish fishery is not likely to jeopardize the

continued existence of any sea turtle species or any marine mammal

populations.

List of Subjects in 50 CFR Part 630

Fisheries, Fishing, Reporting and recordkeeping requirements,

Treaties.

Dated: May 24, 1996.

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. 630.5, paragraph (a)(1) is revised to read as follows:

Sec. 630.5 Recordkeeping and reporting.

(a) Fishing vessel reports. (1) The owner and operator of a vessel

for which a vessel permit has been issued under Sec. 630.4 must ensure

that a daily logbook form is maintained of the vessel's swordfishing

effort, catch, and disposition on logbook forms available from the

Science and Research Director. Such forms must be submitted to the

Science and Research Director postmarked not later than the 7th day

after sale of the swordfish off-loaded from a trip. If no fishing

occurred during a month, a report so stating must be submitted in

accordance with instructions provided with the logbook forms. Logbooks

must be kept on board the vessel at all times.

* * * * *

3. In Sec. 630.7, paragraph (q) is revised to read as follows:

Sec. 630.7 Prohibitions.

* * * * *

(q) Possess on board a vessel a swordfish that is smaller than the

minimum size specified in Sec. 630.23(a).

* * * * *

4. Section 630.20 is revised to read as follows:

Sec. 630.20 Fishing Year.

The fishing year is June 1 through July 31.

5. In Sec. 630.23, paragraph (b) is removed, paragraphs (c) and (d)

are redesignated as paragraphs (b) and (c), respectively, and the first

sentence of paragraph (a) and the last sentence of newly designated

paragraph (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 management unit

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. * * *

(b) * * * 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.

* * * * *

6. In Sec. 630.24, paragraphs (b)(1), (d)(4), and (e) are revised,

paragraph (b)(2) is redesignated as paragraph (b)(4), and new

paragraphs (b)(2) and (b)(3) are added to read as follows:

Sec. 630.24 Quotas.

* * * * *

(b) * * *

(1) The directed fishery quota for the period January 1, 1996,

through May 31, 1996, is 1,021 mt dressed weight for the longline

fishery, 22.5 mt dressed weight for the drift gillnet fishery, and 106

mt dressed weight for the bycatch fishery.

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

2,371 mt dressed weight, divided into two semiannual quotas as follows:

(i) For the semiannual period June 1 through November 30:

(A) 23.45 mt dressed weight, that may be harvested by drift

gillnet.

(B) 1,162.05 mt dressed weight that may be harvested by longline

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

only 1064.44 mt dressed weight, may be landed in this category.

(ii) For the semiannual period December 1 through May 31:

(A) 23.45 mt dressed weight that may be harvested by drift gillnet.

(B) 1,162.05 mt dressed weight that may be harvested by longline

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

only 1064.44 mt dressed weight may be landed in this category.

(3) Notwithstanding any other provision of this part, the sub-

quotas for the drift gillnet fishery for January 1 - November 30, 1996,

are available as follows:

(i) For the period January 1 through June 30, 22.5 mt dressed

weight; and

(ii) For the period July 1 through November 30, 23.45 mt dressed

weight.

* * * * *

(d) * * *

[[Page 27308]]

(4) Any adjustments to the 12-month directed-fishery quota will 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.

* * * * *

7. In Sec. 630.25, the second sentence of paragraph (b) is revised

to read as follows:

Sec. 630.25 Closures and bycatch limits.

* * * * *

(b) * * * The procedures of paragraph (a)(1) of this section

notwithstanding, during the June 1 through November 30 semiannual

period, swordfish not exceeding 21,500 lb (9,752 kg), dressed weight,

may be set aside for the harpoon segment of the fishery. * * *

* * * * *

[FR Doc. 96-13690 Filed 5-28-96; 4:25 pm]

BILLING CODE 3510-22-F