North and South Atlantic Swordfish Fishery; Quotas

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 630

[Docket No. 970110171-7171-01; I.D. 041097A]

RIN 0648-AJ63

North and South Atlantic Swordfish Fishery; Quotas

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

Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; public hearings; request for comments.

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SUMMARY: NMFS proposes to amend the regulations governing the Atlantic

swordfish fishery to: Reduce the quota in the North Atlantic Ocean to

2,458 metric tons (mt) dressed weight (dw) for 1997, 2,393 mt dw for

1998, and 2,327 mt dw for 1999, with one half of each year's quota

allocated equally to each of two semi-annual fishing seasons (June 1

through November 30 and December 1 through May 31); define the South

Atlantic swordfish stock, set a 187.5 mt dw quota for that stock for

1997, and implement the same management measures for the South Atlantic

swordfish stock as are currently in place for the North Atlantic stock,

such as minimum size limit, vessel permitting, logbook reporting, and

observer requirements. The intent of this action is to improve

conservation and management of the Atlantic swordfish resource, while

allowing harvests consistent with recommendations of the International

Commission for the Conservation of Atlantic Tunas (ICCAT). NMFS is also

seeking comments on amending Atlantic swordfish regulations as they

apply to vessel operations at the time of a closure. NMFS will convene

public hearings to receive comments from fishery participants and other

members of the public regarding this proposed rule.

DATES: Comments must be submitted on or before August 21, 1997. See

SUPPLEMENTARY INFORMATION for hearing dates and times.

is also

seeking comments on amending Atlantic swordfish regulations as they

apply to vessel operations at the time of a closure. NMFS will convene

public hearings to receive comments from fishery participants and other

members of the public regarding this proposed rule.

DATES: Comments must be submitted on or before August 21, 1997. See

SUPPLEMENTARY INFORMATION for hearing dates and times.

ADDRESSES: Comments on the proposed rule and copies of the Draft

Environmental Assessment/Regulatory Impact Review (EA/RIR) supporting

this action may be obtained from Rebecca Lent, Highly Migratory Species

Division, Office of Sustainable Fisheries, NMFS, 1315 East-West

Highway, Silver Spring, MD 20910. See SUPPLEMENTARY INFORMATION for

hearing locations. 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 or to the Office of Management

and Budget (OMB), Attention: NOAA Desk Officer, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: John Kelly, 301-713-2347, fax: 301-

713-1917; or Buck Sutter, 813-570-5447, fax: 813-570-5364.

SUPPLEMENTARY INFORMATION: The U.S. 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-Stevens 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

managed under the Fishery Management Plan for Atlantic Swordfish and

its implementing regulations at 50 CFR part 630, under the authority of

the Magnuson-Stevens 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

According to the 1996 ICCAT stock assessment, the fishable biomass

(total weight) of North Atlantic swordfish at the beginning of 1996 was

estimated to be at 58 percent of that needed to produce maximum

sustainable yield (MSY). The 1995 fishing mortality rate (F) was

estimated to be 2.05 times the fishing mortality rate necessary to

produce MSY. The average size of North Atlantic swordfish has declined

from over 91 kg dw (200 lbs) in 1963 to 30.5 kg dw (67 lbs) in 1995.

Because the

stock is continuing to decline, reductions in quotas are required in

the immediate future to rebuild the stock to levels that would support

MSY.

At the November 1996 ICCAT meeting, a recommendation was adopted to

reduce the total quota for all countries fishing on swordfish in the

North Atlantic to 8,475 mt dw for 1997, 8,250 mt dw for 1998, and 8,025

mt dw for 1999. North Atlantic landings reported to ICCAT for 1995 and

1996 were estimated to be 12,750 mt dw. The United States is allocated

29 percent of the total North Atlantic quota, which is 2,458 mt dw for

1997, 2,393 mt dw for 1998, and 2,327 mt dw for 1999 (see Table 1).

Consistent with the ICCAT recommendations for 1995 and 1996, the

United States was obligated to reduce its total quota by the number of

estimated dead discards. However, for 1997, the United States is not

obligated to reduce the ICCAT quota to account for discards; therefore,

the 1997 U.S. quota recommended by ICCAT (2,458 mt dw) represents an

actual increase of 7.7 percent in the total weight of swordfish

available for landing as compared to the adjusted 1996 quota. In 1998,

the U.S

o reduce its total quota by the number of

estimated dead discards. However, for 1997, the United States is not

obligated to reduce the ICCAT quota to account for discards; therefore,

the 1997 U.S. quota recommended by ICCAT (2,458 mt dw) represents an

actual increase of 7.7 percent in the total weight of swordfish

available for landing as compared to the adjusted 1996 quota. In 1998,

the U.S. quota is reduced by 2.64 percent from the 1997 allowable

catch, and in 1999, the U.S. quota is reduced by 2.76 percent from 1998

level. However, because dead discards are no longer required to be

subtracted, the cumulative impact over 1997 through 1999 is a net gain

of 1.93 percent over the 1996 adjusted quota. In 1996, ICCAT also

recommended that overharvest or underharvest of a contracting party's

quota must be applied to the following year's quota for that country.

The 1996 report of the Standing Committee on Research and

Statistics (SCRS) of ICCAT noted that the South Atlantic swordfish

stock at the beginning of 1996 was near the biomass associated with

MSY; however, the 1995 fishing mortality rate was estimated to be 1.24

times FMSY. The SCRS cautioned that these estimates should

be considered preliminary. For participating countries with harvest

levels below the 187.5 mt dw threshold in 1993 or 1994, ICCAT adopted a

recommendation equivalent to a 187.5 mt dw cap for 1995, 1996, and

1997. NMFS has determined that the 1993 and 1994 U.S. South Atlantic

swordfish harvest levels were below this threshold. Allowable catches

for those countries whose landings already exceed the threshold were

capped at 1993 or 1994 harvest levels, whichever was higher.

NMFS has evaluated the annual quota and the need for a South

Atlantic management unit area, and quota levels and gear type

restrictions 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

e

capped at 1993 or 1994 harvest levels, whichever was higher.

NMFS has evaluated the annual quota and the need for a South

Atlantic management unit area, and quota levels and gear type

restrictions 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. NMFS has concluded that it is necessary to implement permitting,

reporting, and an observer program to provide for swordfish catch

monitoring in the South Atlantic.

Management Measures

This proposed rule, if adopted, would further ICCAT's international

management objectives for the Atlantic swordfish fishery. The proposed

regulations are summarized as follows:

North Atlantic Quota

NMFS proposes to implement ICCAT's 1996 recommendation of a North

Atlantic U.S. quota of 2,458 mt dw for 1997, 2,393 mt dw for 1998 and

2,327 mt dw for 1999 (Table 1). Each year, the quota would be divided

between a directed fishery quota and an incidental quota. The

incidental quota is needed to allow for incidental landings, at levels

stated in 50 CFR 630.25, during anticipated directed fishery closures

and for swordfish taken incidental to other fisheries. During a 2-month

closure of the directed fishery in 1995, a reduction in allowable

incidental harvest was implemented on November 27, 1995 (60 FR 58245),

but did not prevent the overall established quota from being exceeded.

Therefore, NMFS proposes to increase the incidental quota to 300 mt dw

each year for 1997, 1998, and 1999 to meet expected incidental harvest

levels during anticipated directed fishery closures. The proposed

incidental quota is based on the November 1995 harvest levels and

assumes a directed fishery closure of approximately 2 months per semi-

annual season. During November 1995, a bycatch limit of 15 swordfish

per longline trip was in effect. The increased incidental catch reserve

should ensure that the total ICCAT quota is not exceeded

ls during anticipated directed fishery closures. The proposed

incidental quota is based on the November 1995 harvest levels and

assumes a directed fishery closure of approximately 2 months per semi-

annual season. During November 1995, a bycatch limit of 15 swordfish

per longline trip was in effect. The increased incidental catch reserve

should ensure that the total ICCAT quota is not exceeded.

The directed fishery quota would be further divided into two semi-

annual quotas: June 1 through November 30 and December 1 through May 31

(Table 1). Each of the directed semi-annual quotas would be further

subdivided into a drift gillnet quota and a longline and harpoon quota

(Table 1). Allocations by gear types are in the same proportions as

those established for 1994 through 1996.

Table 1.--Swordfish North Atlantic Proposed Allocations

[in mt dw]

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1996 1997 1998 1999

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ICCAT Recommended Quota...................... 2,625 2,458 2,393 2,327

Incidental Catch Quota....................... 254 300 300 300

Directed Fishery Quota (Total--Incidental)... 2,371 2,158 2,093 2,027

Semi-Annual Directed Quota................... 1,185.5 1,079 1,046.5 1,013.5

Semi-Annual Drift Gillnet Quota.............. 23.5 21 20.5 20.5

Semi-Annual Longline and Harpoon Quota....... 1,162 1,058 1,026 993

Discards Adjustment.......................... 342

Landing Quota (Total--Discards).............. 2,283 2,458 2,393 2,327

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.. 1,185.5 1,079 1,046.5 1,013.5

Semi-Annual Drift Gillnet Quota.............. 23.5 21 20.5 20.5

Semi-Annual Longline and Harpoon Quota....... 1,162 1,058 1,026 993

Discards Adjustment.......................... 342

Landing Quota (Total--Discards).............. 2,283 2,458 2,393 2,327

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Following a closure of the directed longline fishery, any

overharvest or underharvest would be added to, or subtracted from, the

incidental catch reserve of 300 mt dw for that year. Any cumulative

overharvest/underharvest that occurs during any year would then be

subtracted from/added to the following year's quota, per the ICCAT

recommendations.

Definition of South Atlantic Swordfish Stock

NMFS proposes to define the South Atlantic swordfish stock to

include all swordfish in the Atlantic Ocean south of 5 deg. N. lat.,

which would be consistent

with ICCAT's delineation of the northern and southern swordfish stocks.

Permits, Reporting and Observers

The proposed action would institute a uniform system of swordfish

management measures for all U.S.-flagged vessels operating throughout

the Atlantic Ocean. The same general swordfish management measures

currently in place for the North Atlantic would be extended to the

South Atlantic: Vessel permits, logbook reporting, observer coverage,

limited access permitting, and other, related management measures (50

CFR part 630). Such measures are necessary to monitor the catch of

U.S.-flagged vessels operating in the South Atlantic.

NMFS proposes to require that the owner of a vessel that fishes for

or possesses swordfish in or from the North Atlantic or South Atlantic

ocean, or that takes swordfish in these areas as incidental catch,

possess a valid swordfish vessel permit. Current holders of valid

swordfish vessel permits would not be required to obtain a new permit

to fish for and possess swordfish in the South Atlantic

FS proposes to require that the owner of a vessel that fishes for

or possesses swordfish in or from the North Atlantic or South Atlantic

ocean, or that takes swordfish in these areas as incidental catch,

possess a valid swordfish vessel permit. Current holders of valid

swordfish vessel permits would not be required to obtain a new permit

to fish for and possess swordfish in the South Atlantic.

Under the High Seas Fishing Compliance Act (HSFCA) of 1995 and its

implementing regulations (50 CFR part 300), U.S. vessels fishing

outside the exclusive economic zone (EEZ) of any nation are required to

obtain a HSFCA permit and comply with applicable requirements,

including reporting. Some U.S.-flagged vessels currently fishing in the

South Atlantic Ocean are not required to possess a HSFCA permit because

their fishing activities occur exclusively within the EEZ of another

nation. Accordingly, the proposed swordfish reporting system for

vessels fishing in the South Atlantic Ocean is needed to monitor all

catches and landings of U.S.-flagged vessels that would not otherwise

be reporting under a North Atlantic swordfish or HSFCA permit.

NMFS proposes to require that the owner and operator of a vessel

for which a permit has been issued, and that is operating in South

Atlantic waters, ensure that a daily logbook is maintained of the

vessel's swordfish fishing effort, catch, and disposition on logbook

forms available from NMFS. These forms would be required to be

submitted to NMFS and along with tally sheets for all swordfish off-

loaded and for other species off-loaded with swordfish. These proposed

requirements are the same as those currently required for the North

Atlantic swordfish fishery.

NMFS proposes to require at-sea observer coverage for up to 5

percent of the vessels participating in the South Atlantic swordfish

fishery, and would require any vessel that is selected by NMFS to carry

an observer.

South Atlantic Quota

for other species off-loaded with swordfish. These proposed

requirements are the same as those currently required for the North

Atlantic swordfish fishery.

NMFS proposes to require at-sea observer coverage for up to 5

percent of the vessels participating in the South Atlantic swordfish

fishery, and would require any vessel that is selected by NMFS to carry

an observer.

South Atlantic Quota

United States landings of swordfish from the South Atlantic stock

during 1993 and 1994 were estimated to be less than or equal to 187.5

mt dw. Therefore, consistent with the ICCAT recommendation, NMFS

proposes to implement a quota of 187.5 mt dw annual landings maximum

for 1997. Following a closure of the directed longline fishery in the

South Atlantic Ocean, no incidental harvest would be allowed.

United States landings of swordfish from the South Atlantic were

estimated to be less than 187.5 mt dw in 1996. Because there were no

regulatory requirements on U.S.-flagged vessels to report landings from

the South Atlantic Ocean during 1993 or 1994, vessel operators may have

catch records that indicate, when combined with other similar records,

landings higher than 187.5 mt dw. NMFS estimates, based on the best

information available, that there are eight U.S.-flagged vessels

operating (i.e., harvesting and landing swordfish) in the South

Atlantic Ocean. NMFS requests submission of any such catch and landing

records from the South Atlantic by U.S.-flagged vessels to rectify, if

necessary, historical data on harvest levels during 1993 and 1994. If

verifiable documentation can be produced, it is possible that the U.S.

quota allocation could be revised to be consistent with the ICCAT

recommendations.

NMFS is currently considering Amendment 1 to the Fishery Management

Plan for Atlantic Swordfish, which would establish a limited access

system for vessels fishing in the North Atlantic. If Amendment 1 is

adopted, NMFS will issue regulations to implement it

entation can be produced, it is possible that the U.S.

quota allocation could be revised to be consistent with the ICCAT

recommendations.

NMFS is currently considering Amendment 1 to the Fishery Management

Plan for Atlantic Swordfish, which would establish a limited access

system for vessels fishing in the North Atlantic. If Amendment 1 is

adopted, NMFS will issue regulations to implement it. Proposed

regulations to do so were published on February 26, 1997 (62 FR 8672).

NMFS proposes that, after implementation of Amendment 1, swordfish

permits for the South Atlantic be limited to those who qualify for a

directed permit under Amendment 1. After considering comments on this

issue, it could be implemented in the final rule to implement Amendment

1, and that final rule would respond to any comments received.

Gear and Incidental Catch Restrictions

NMFS proposes to prohibit the use of drift gillnet gear to fish for

swordfish in the proposed South Atlantic management area due to the

absence of a historical drift gillnet fishery in this region.

Similarly, NMFS proposes no incidental catch allowance for the South

Atlantic Ocean as there is no known significant U.S. directed fishery

for sharks or tunas in the South Atlantic in which swordfish would

occur as an incidental catch.

North and South Atlantic Management Summary

Under this proposed rule, swordfish harvested from or possessed in

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

Sea, could be sold only to a dealer (as defined at 50 CFR 630.2)

holding a valid annual dealer permit (50 CFR 630.4). Permitted

swordfish fishers in the North Atlantic must adhere to all

recordkeeping and reporting requirements as outlined in 50 CFR 630.5

(daily logbooks and tally sheets), and participate in the observer

program as described in 50 CFR 603.10

the Gulf of Mexico and Caribbean

Sea, could be sold only to a dealer (as defined at 50 CFR 630.2)

holding a valid annual dealer permit (50 CFR 630.4). Permitted

swordfish fishers in the North Atlantic must adhere to all

recordkeeping and reporting requirements as outlined in 50 CFR 630.5

(daily logbooks and tally sheets), and participate in the observer

program as described in 50 CFR 603.10. When the swordfish fishery is

closed in the North Atlantic, swordfish could only be landed or

possessed incidentally to other fisheries, subject to incidental catch

limits, and sold only to dealers holding a valid dealer permit.

Swordfish directly or incidentally harvested or possessed from the

North Atlantic could not be sold, traded or bartered in the South

Atlantic at any time.

Vessel permits would be required for all swordfish fishing vessels

operating in the North or South Atlantic Ocean. Below 5 deg. N. lat.,

it would not be required that swordfish harvested from or possessed in

the South Atlantic Ocean be sold to permitted dealers. However, all

permitted vessels harvesting or possessing swordfish from the South

Atlantic still would have to comply with applicable recordkeeping and

reporting requirements, including ensuring that copies of offloading

tally sheets are submitted. During a closure of the South Atlantic

swordfish fishery, swordfish could not be possessed on board a vessel

subject to the jurisdiction of the United States operating in the South

Atlantic Ocean.

All remaining regulations that apply to the North Atlantic

swordfish fishery would apply to the South Atlantic fishery. These

include the prohibition on at-sea transfer and harvest limitations such

as minimum size limit, vessel trip limits, and carcass condition

requirements.

Request for Comments on Offloading

t to the jurisdiction of the United States operating in the South

Atlantic Ocean.

All remaining regulations that apply to the North Atlantic

swordfish fishery would apply to the South Atlantic fishery. These

include the prohibition on at-sea transfer and harvest limitations such

as minimum size limit, vessel trip limits, and carcass condition

requirements.

Request for Comments on Offloading

In November of 1995, in December of 1995, and in April of 1997,

NMFS closed the directed swordfish fishery. These closures raised a

number of issues that NMFS may address through future rulemaking.

Specifically, NMFS is

seeking comment on the possibility of providing ``offloading windows,''

or a time period between a fishery closure date and the time a vessel

is required to offload the trip harvest. The regulations would need to

be amended before offloading windows could be provided. In addition, it

may be necessary to establish standard procedures for vessels that are

in distress and are unable to return to port prior to the designated

deadline.

Public Hearings

The public hearings are scheduled as follows:

1. Friday, August 1, 1997, 12 p.m.-2 p.m.--McAuliffe Seafoods,

Gallows Bay Dock, Christiansted, St. Croix, USVI 00821; (809) 773-2661.

This hearing will be a conference call with the hearing officer in a

remote location.

2. Monday, August 4, 1997, 4 p.m.-6 p.m.--Gosman's Dock, West Lake

Drive, Montauk, NY 11954; (516) 668-2447. This hearing will be a

conference call with the hearing officer in a remote location.

3. Friday, August 8, 1997, 2 p.m.-5 p.m.--NMFS Northeast Regional

Office (Conference Room), 1 Blackburn Drive, Gloucester, MA 01930;

a conference call with the hearing officer in a

remote location.

2. Monday, August 4, 1997, 4 p.m.-6 p.m.--Gosman's Dock, West Lake

Drive, Montauk, NY 11954; (516) 668-2447. This hearing will be a

conference call with the hearing officer in a remote location.

3. Friday, August 8, 1997, 2 p.m.-5 p.m.--NMFS Northeast Regional

Office (Conference Room), 1 Blackburn Drive, Gloucester, MA 01930;

(508) 281-9260.

4. Friday, August 8, 1997, 2 p.m.-4 p.m.--NMFS Southeast Regional

Office (Conference Room, 2nd floor), 9721 Executive Center Drive,

North, St. Petersburg, FL 33702; (813) 570-5447.

Additional public hearings by means of conference calls may be

convened if so requested. See ADDRESSES to make such a request.

Special Accommodations

These hearings will be physically accessible to people with

disabilities. Requests for sign language interpretation or other

auxiliary aids should be directed to Dr. Rebecca Lent at (301) 713-2347

at least 5 days prior to the hearing date.

Classification

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

Assistant Administrator for Fisheries (NOAA) has preliminarily

determined that the regulations contained in this rule are necessary to

implement the recommendations of ICCAT and for the domestic 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 would not have

a significant economic impact on a substantial number of small entities

as follows:

At the November 1996 meeting of the International Commission for

the Conservation of Atlantic Tunas (ICCAT), a recommendation, which

the United States is bound to implement under the ATCA, was adopted

reducing the total quota for all countries fishing on swordfish in

the North Atlantic to 8,475 metric tons (mt) dressed weight (dw) for

1997, 8,250 mt dw for 1998, and 8,025 mt dw for 1999

ows:

At the November 1996 meeting of the International Commission for

the Conservation of Atlantic Tunas (ICCAT), a recommendation, which

the United States is bound to implement under the ATCA, was adopted

reducing the total quota for all countries fishing on swordfish in

the North Atlantic to 8,475 metric tons (mt) dressed weight (dw) for

1997, 8,250 mt dw for 1998, and 8,025 mt dw for 1999. North Atlantic

landings for 1995 and 1996 were estimated to be 12,750 mt dw. The

United States is allocated 29 percent of the total North Atlantic

quota, or 2,458 mt dw for 1997, 2,393 mt dw for 1998, and 2,327 mt

dw for 1999--the quotas proposed to be established by this proposed

rule. For 1995 and 1996, the United States was obligated to reduce

(i.e., adjust) its quota by the number of estimated dead discards.

However, beginning in 1997, the United States is not obligated to

reduce the ICCAT quota to account for discards; therefore the

proposed 1997 U.S. quota of 2,458 mt dw represents an actual

increase of 7.7 percent in the total weight of swordfish available

for landing as compared to the adjusted 1996 quota of 2,283 mt dw.

In 1998, the U.S. quota is reduced by 2.64 percent from the 1997

allowable catch, and in 1999, the U.S. quota is reduced by 2.76

percent from 1998 level. The cumulative impact for the approximately

300 participants in the North Atlantic swordfish fishery, from 1997

through 1999 is a net gain of 1.93 percent over the 1996 adjusted

quota.

The drift gillnet fishery would experience a 12.8 percent

decrease in allowable harvest from 1997-1999, due to the proposed

increase in incidental catch quota and annual reductions in the

total quota that, for driftnets, are not mitigated by not having to

account for discards

North Atlantic swordfish fishery, from 1997

through 1999 is a net gain of 1.93 percent over the 1996 adjusted

quota.

The drift gillnet fishery would experience a 12.8 percent

decrease in allowable harvest from 1997-1999, due to the proposed

increase in incidental catch quota and annual reductions in the

total quota that, for driftnets, are not mitigated by not having to

account for discards. However, because there are approximately only

13 drift gillnet vessels targeting swordfish, which represents only

4.3 percent of the approximately 300 vessels active in the swordfish

fishery, a substantial number of small entities would not be

significantly affected.

For the first time, ICCAT recommended that swordfish quotas be

established for the South Atlantic. Landings by U.S. vessels in

South Atlantic waters have historically been less than or equal to

187.5 mt dw, based on the best current scientific information.

Because there were no regulatory requirements on U.S.-flagged

vessels to report landings from the South Atlantic Ocean during 1993

or 1994, vessel operators may have catch records that indicate, when

combined with other similar records, landings higher than 187.5 mt

dw. NMFS estimates, based on the best information available, that

there are eight U.S.-flagged vessels operating exclusively (i.e.,

harvesting and landing swordfish) in the South Atlantic Ocean. The

proposed rule requests submission of any such catch and landing

records from the South Atlantic by U.S.-flagged vessels to more

accurately ascertain historical harvest levels during 1993 and 1994.

For participating countries with harvest levels below the 187.5 mt

dw threshold in 1993 or 1994, the ICCAT recommended a quota

equivalent to a 187.5 mt dw cap for 1997. Assuming 187.5 mt dw to be

the upper bound of past U.S. harvest levels for the South Atlantic,

a 1997 cap of 187.5 mt dw should not have a significant impact. If

verifiable documentation can be produced of higher historical

levels, it is possible that the U.S

arvest levels below the 187.5 mt

dw threshold in 1993 or 1994, the ICCAT recommended a quota

equivalent to a 187.5 mt dw cap for 1997. Assuming 187.5 mt dw to be

the upper bound of past U.S. harvest levels for the South Atlantic,

a 1997 cap of 187.5 mt dw should not have a significant impact. If

verifiable documentation can be produced of higher historical

levels, it is possible that the U.S. quota allocation could be

revised.

Because a significant economic impact on a substantial number of

small entities is not anticipated by the implementation of the

proposed North and South Atlantic quotas, a regulatory flexibility

analysis was not prepared.

This proposed rule has been determined to be not significant for

purposes of E.O. 12866.

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 Paperwork Reduction Act (PRA) unless that collection of information

displays a currently valid OMB Control Number. There are new

collection-of-information requirements in this proposed rule beyond

those already approved by OMB under Control Number 0648-0016 (Federal

Fisheries Logbooks) and 0648-0205 (permitting requirements and observer

notifications). NMFS is proposing to extend these programs to cover

fishing activities in the South Atlantic, by requiring vessel permits,

vessel reporting, observer programs, and other related management

measures to monitor the catch of all U.S. flagged-vessels operating in

the South Atlantic. This would require revised reporting and

participation in observer programs by all those who are already

permitted and new reporting by those not currently permitted

estimate or any other aspects of this

collection of information, including suggestions for reducing this

burden, to NMFS and OMB (see ADDRESSES).

NMFS reinitiated formal consultation for all highly migratory

species commercial fisheries on September 25, 1996, under section 7 of

the Endangered Species Act. The Biological Opinion (BO) resulting from

this consultation was issued on May 29, 1997. It concludes that

continued operation of the longline component of the swordfish fishery

may adversely affect but is not likely to jeopardize, the continued

existence of any endangered or threatened species under NMFS

jurisdiction. The BO also concludes that the swordfish drift gillnet

fishery segment of the Atlantic pelagic fishery is likely to jeopardize

the continued existence of the right whale. Two alternatives that would

avoid the likelihood of jeopardy were set forth in the BO, although

NMFS has not identified a preferred alternative at this time.

Therefore, NMFS extended the emergency closure of the drift gillnet

segment of the swordfish fishery until a preferred option is identified

and implemented (62 FR 30775, June 5, 1997).

List of Subjects in 50 CFR Part 630

Fisheries, Fishing, Reporting and record keeping requirements,

Management Unit Areas, Treaties.

Dated: July 18, 1997.

David L. Evans,

Deputy Assistant Administrator for Fisheries, 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. 630.1, paragraph (b) is revised to read as follows:

Sec. 630.1 Purpose and scope.

* * * * *

ine 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. 630.1, paragraph (b) is revised to read as follows:

Sec. 630.1 Purpose and scope.

* * * * *

(b) This part governs the conservation and management of the North

Atlantic and South Atlantic swordfish stocks.

* * * * *

3. In Sec. 630.2, the definitions of ``Dealer'' and ``North

Atlantic swordfish stock'' are revised, and a definition for the

``South Atlantic swordfish stock'' is added, in alphabetical order, to

read as follows:

Sec. 630.2 Definitions.

* * * * *

Dealer means the person who first receives, by way of purchase,

barter, or trade, swordfish harvested from the Atlantic Ocean.

* * * * *

North Atlantic swordfish stock means those swordfish in the North

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

of 5 deg. N. lat.

* * * * *

South Atlantic swordfish stock means those swordfish in the

Atlantic Ocean, south of 5 deg. N. lat.

* * * * *

4. In Sec. 630.4, paragraphs (a)(1)(i) and (a)(1)(ii) introductory

text, and (a)(2) are revised to read as follows:

Sec. 630.4 Permits and fees.

(a) Applicability--(1) Annual vessel permits. (i) Except as

provided by paragraph (a)(1)(ii) of this section, the owner of a vessel

of the United States must have an annual permit when--

(A) Fishing for or possessing swordfish in or from the North

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

(B) Fishing for or possessing swordfish in or from the South

Atlantic Ocean; or

(C) Taking such swordfish as incidental catch, regardless of

whether retained.

(ii) The owner of a vessel that fishes for or possesses swordfish

in or from the North Atlantic Ocean, including the Gulf of Mexico and

Caribbean Sea, or the South Atlantic Ocean--

* * * * *

uding the Gulf of Mexico and Caribbean Sea;

(B) Fishing for or possessing swordfish in or from the South

Atlantic Ocean; or

(C) Taking such swordfish as incidental catch, regardless of

whether retained.

(ii) The owner of a vessel that fishes for or possesses swordfish

in or from the North Atlantic Ocean, including the Gulf of Mexico and

Caribbean Sea, or the South Atlantic Ocean--

* * * * *

(2) Annual dealer permits. A dealer in the United States who

receives swordfish harvested or possessed by a vessel of the United

States must have an annual dealer permit.

* * * * *

5. In Sec. 630.7, paragraphs (bb) and (cc) are added and paragraph

(c) is revised to read as follows:

Sec. 630.7 Prohibitions.

* * * * *

(c) Sell, barter or trade or attempt to sell, barter, or trade a

swordfish harvested from or possessed in the North Atlantic Ocean,

including the Gulf of Mexico and Caribbean Sea, to a dealer without a

valid dealer permit required under Sec. 630.4(a)(2).

* * * * *

(bb) Fish for or possess Atlantic swordfish south of 5 deg. N. lat.

using a drift gillnet or while carrying drift gillnet gear on board

south of 5 deg. N. lat.

(cc) Sell, barter or trade or attempt to sell, barter, or trade a

swordfish harvested from or possessed in the South Atlantic Ocean

during a closure of the South Atlantic swordfish fishery under

Sec. 630.25(a)(1).

6. Section 630.21 is revised to read as follows:

Sec. 630.21 Restrictions on transfer, offloading, and sale.

(a) A swordfish harvested from the North Atlantic Ocean, including

the Gulf of Mexico and Caribbean Sea, or the South Atlantic Ocean may

not be transferred at sea, regardless of where the transfer takes

place; and in the North Atlantic Ocean, including the Gulf of Mexico

and Caribbean Sea, or the South Atlantic Ocean, a swordfish may not be

transferred at sea regardless of where the swordfish was harvested.

harvested from the North Atlantic Ocean, including

the Gulf of Mexico and Caribbean Sea, or the South Atlantic Ocean may

not be transferred at sea, regardless of where the transfer takes

place; and in the North Atlantic Ocean, including the Gulf of Mexico

and Caribbean Sea, or the South Atlantic Ocean, a swordfish may not be

transferred at sea regardless of where the swordfish was harvested.

(b) A swordfish harvested from or possessed in the North Atlantic

Ocean, including the Gulf of Mexico and Caribbean Sea, or the South

Atlantic Ocean, may be initially sold, traded, or bartered or attempted

to be sold, traded, or bartered only by an owner or operator of a

vessel that has been issued a vessel permit under Sec. 630.4, except

that a swordfish that is off-loaded in Puerto Rico or the U.S. Virgin

Islands from a non-permitted vessel that fished exclusively shoreward

of the outer boundary of the EEZ around Puerto Rico and the U.S. Virgin

Islands with only handline gear aboard may be sold, traded, or

bartered.

(c) A swordfish harvested from or possessed in the North Atlantic

Ocean, including the Gulf of Mexico and Caribbean Sea, may be initially

purchased, traded, or bartered or attempted to be purchased, traded, or

bartered only by a dealer with a valid dealer permit issued under

Sec. 630.4.

(d) A swordfish harvested from or possessed in the North Atlantic

Ocean, including the Gulf of Mexico and Caribbean Sea, or the South

Atlantic Ocean in the recreational fishery may not be sold, purchased,

traded, or bartered or attempted to be sold, purchased, traded, or

bartered.

7. In Sec. 630.23, paragraphs (a) and (b) are revised to read as

follows:

Sec. 630.23 Harvest limitations.

.4.

(d) A swordfish harvested from or possessed in the North Atlantic

Ocean, including the Gulf of Mexico and Caribbean Sea, or the South

Atlantic Ocean in the recreational fishery may not be sold, purchased,

traded, or bartered or attempted to be sold, purchased, traded, or

bartered.

7. In Sec. 630.23, paragraphs (a) and (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 North Atlantic

Ocean, including the Gulf of Mexico and the Caribbean Sea, or the South

Atlantic

Ocean 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. The cleithrum is the

semicircular bony structure that forms the posterior edge of the gill

opening. Measurement must be made at the point on the cleithrum that

provides the shortest possible CK measurement (Figure 1 to part 630).

(b) Carcass condition. A swordfish possessed in the North Atlantic

Ocean, including the Gulf of Mexico and the Caribbean Sea, or the South

Atlantic Ocean must be in whole or dressed form, and a swordfish landed

from a fishing vessel in an Atlantic, Gulf of Mexico, or Caribbean, or

South Atlantic coastal state must be maintained in whole or dressed

form through off-loading, except such swordfish as are damaged by shark

bites. 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.

* * * * *

8. In Sec. 630.24, in paragraph (a) the designation (1) is added

after the heading, paragraphs (a)(2) and (b)(5) through (b)(7) are

added, and paragraphs (b)(1) through (b)(4), (c), (d)(4), and (e) are

revised to read as follows:

Sec. 630.24 Quotas.

which the remainder of the carcass is

less than the minimum size limit specified in paragraph (a) of this

section may not be landed.

* * * * *

8. In Sec. 630.24, in paragraph (a) the designation (1) is added

after the heading, paragraphs (a)(2) and (b)(5) through (b)(7) are

added, and paragraphs (b)(1) through (b)(4), (c), (d)(4), and (e) are

revised to read as follows:

Sec. 630.24 Quotas.

(a) Applicability (1) * * *

(2) A swordfish harvested from the South Atlantic swordfish stock

by a vessel subject to the jurisdiction of the United States is counted

against the directed-fishery quota.

(b) Directed-fishery quota. (1) The directed fishery quota for the

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

Sea for the period June 1, 1997, through May 31, 1998, is 2,116 mt dw

for the longline/harpoon fishery and 42 mt dw for the drift gillnet

fishery.

(2) The annual directed fishery quota for the period June 1, 1997,

through May 31, 1998 for swordfish in the North Atlantic Ocean,

including the Gulf of Mexico and the Caribbean Sea is 2,158 mt dw,

divided into two semi-annual quotas as follows:

(i) For the semi-annual period June 1 through November 30:

(A) 21 mt dw that may be harvested by drift gillnet; and

(B) 1,058 mt dw that may be harvested by longline and harpoon.

(ii) For the semi-annual period December 1 through May 31:

(A) 21 mt dw that may be harvested by drift gillnet; and

(B) 1,058 mt dw that may be harvested by longline and harpoon.

(3) The annual directed fishery quota in the North Atlantic Ocean,

including the Gulf of Mexico and the Caribbean Sea for the period June

1, 1998, through May 31, 1999, is 2,093 mt dw for the longline/harpoon

fishery and 41 mt dw for the drift gillnet fishery.

(4) The annual directed fishery quota for the period June 1, 1998,

through May 31, 1999 for swordfish in the North Atlantic Ocean,

including the Gulf of Mexico and the Caribbean Sea is 2,093 mt dw,

divided into two semi-annual quotas as follows:

n Sea for the period June

1, 1998, through May 31, 1999, is 2,093 mt dw for the longline/harpoon

fishery and 41 mt dw for the drift gillnet fishery.

(4) The annual directed fishery quota for the period June 1, 1998,

through May 31, 1999 for swordfish in the North Atlantic Ocean,

including the Gulf of Mexico and the Caribbean Sea is 2,093 mt dw,

divided into two semi-annual quotas as follows:

(i) For the semi-annual period June 1 through November 30:

(A) 20.5 mt dw that may be harvested by drift gillnet; and

(B) 1,026 mt dw that may be harvested by longline and harpoon.

(ii) For the semi-annual period December 1 through May 31:

(A) 20.5 mt dw that may be harvested by drift gillnet; and

(B) 1,026 mt dw that may be harvested by longline and harpoon.

(5) The directed fishery quota in the North Atlantic Ocean,

including the Gulf of Mexico and the Caribbean Sea for the period June

1, 1999, through May 31, 2000, is 1,986 mt dw for the longline/harpoon

fishery and 41 mt dw for the drift gillnet fishery.

(6) The annual directed fishery quota for the period June 1, 1999,

through May 31, 2000 for swordfish in the North Atlantic Ocean,

including the Gulf of Mexico and the Caribbean Sea is 2,027 mt dw,

divided into two semi-annual quotas as follows:

(i) For the semi-annual period June 1 through November 30:

(A) 20.5 mt dw that may be harvested by drift gillnet; and

(B) 993 mt dw that may be harvested by longline and harpoon.

(ii) For the semi-annual period December 1 through May 31:

(A) 20.5 mt dw that may be harvested by drift gillnet; and

(B) 993 mt dw that may be harvested by longline and harpoon.

(7) The annual directed fishery quota for the period June 1, 1997

through May 31, 1998 for swordfish in the South Atlantic Ocean is 187.5

mt dw, divided into two semi-annual quotas as follows:

longline and harpoon.

(ii) For the semi-annual period December 1 through May 31:

(A) 20.5 mt dw that may be harvested by drift gillnet; and

(B) 993 mt dw that may be harvested by longline and harpoon.

(7) The annual directed fishery quota for the period June 1, 1997

through May 31, 1998 for swordfish in the South Atlantic Ocean is 187.5

mt dw, divided into two semi-annual quotas as follows:

(i) For the semi-annual period June 1 through November 30, 93.75 mt

dw that may be harvested by longline and harpoon; and

(ii) For the semi-annual period December 1 through May 31, 93.75 mt

dw that may be harvested by longline and harpoon.

(c) Incidental catch quota. The annual bycatch quota in the North

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

swordfish is 300 mt dw; no incidental catch is permitted for the South

Atlantic swordfish stock.

(d) * * *

(4) Total landings above or below the specific annual quota will be

subtracted from, or added to, the following year's quota. Any

adjustments to the 12-month directed-fishery quota will then 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.

* * * * *

9. In Sec. 630.25, the heading, paragraph (a)(1) and the first

sentence of paragraph (b) are revised to read as follows:

Sec. 630.25 Closures and incidental catch limits.

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.

* * * * *

9. In Sec. 630.25, the heading, paragraph (a)(1) and the first

sentence of paragraph (b) are revised to read as follows:

Sec. 630.25 Closures and incidental catch limits.

(a) Notification of a closure. (1) When a directed-fishery annual,

semi-annual, or gear quota specified in Sec. 630.24 is reached, or is

projected to be reached, NMFS will publish a notification in the

Federal Register closing the entire directed fishery for fish from the

North Atlantic swordfish stock, the South Atlantic swordfish stock, the

drift gillnet fishery, or the harpoon and longline fisheries, as

appropriate. The effective date of such notification will be at least

14 days after the date such notification is filed at the Office of the

Federal Register. The closure will remain in effect until an additional

directed-fishery or gear quota becomes available.

* * * * *

(b) Special set-aside for harpoon gear. The procedures of paragraph

(a)(1) of this section notwithstanding, during the June 1 through

November 30 semi-annual period, swordfish not exceeding 9,752 kg dw,

may be set aside for the harpoon segment of the North Atlantic

swordfish fishery. * * *

* * * * *

[FR Doc. 97-19588 Filed 7-22-97; 9:51 am]

BILLING CODE 3510-22-P