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Atlantic Highly Migratory Species; Quotas and Fishing Areas; Trade Monitoring
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: November 15, 2001 (Volume 66, Number 221)]
[Proposed Rules]
[Page 57409-57413]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15no01-26]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 011029263-1263-01; I.D. 010201A]
RIN 0648-AO93
Atlantic Highly Migratory Species; Quotas and Fishing Areas;
Trade Monitoring
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Propose rule; public hearings; request for comments.
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SUMMARY: NMFS proposes to amend regulations governing the Atlantic
highly migratory species (HMS) fisheries to implement recommendations
adopted at the 2000 meeting of the International Commission for the
Conservation of Atlantic Tunas (ICCAT). Specifically, NMFS proposes
measures that would set a reserve quota for North Atlantic swordfish,
maintain the status quo South Atlantic swordfish quota for 2001, and
prohibit imports of Atlantic bigeye tuna harvested by certain
countries. NMFS also proposes to reinstate regulations inadvertently
removed during regulatory consolidation that would prohibit persons and
vessels subject to the jurisdiction of the United States from
possessing fish taken in violation of ICCAT recommendations or from
violating another country's fisheries regulations pertaining to species
managed by ICCAT. Finally, NMFS proposes certain corrections to
existing trade restrictions to facilitate enforcement of the swordfish
dead discard allowance and import of swordfish from designated
countries. The intent of these actions is to improve conservation of
the Atlantic highly migratory species and to improve management of
these fisheries, while allowing harvest and trade consistent with
recommendations of ICCAT. NMFS will hold public hearings to receive
comments from fishery participants, importers, and other members of the
public regarding these proposed regulations.
DATES: Written comments on the proposed rule must be received by 5 p.m.
on December 31, 2001.
The hearing dates are:
1. November 26, 2001, from 7 to 9 p.m., Fort Lauderdale, FL.
2. November 26, 2001, from 7 to 9 p.m., Fairhaven, MA.
3. December 10, 2001, from 7 to 9 p.m., Barnegat Light, NJ.
ADDRESSES: The meeting locations are:
1. Fort Lauderdale-Broward County Main Library, Bienes Center,
6\th\ Floor, 100 South Andrews Avenue, Fort Lauderdale, FL, 33301
2. Fairhaven-Holiday Inn Express, 110 Middle Street, Fairhaven, MA,
02719
3. Barnegat Light-Barnegat Light First Aid Squad, West Tenth
Street, Barnegat Light, NJ, 08006
Comments on the proposed rule should be sent to, and copies of the
Draft Environmental Assessment/Regulatory Impact Review (EA/RIR) may be
obtained from Chris Rogers, Chief, Highly Migra Proposed rule; public
hearings; request for comments. tory Species Division,1315 East-West
Highway F/SF1, Silver Spring, MD, 20910. These documents are also
available from the Highly Migratory Species Division website at
www.nmfs.noaa.gov/sfa/hmspg.html. 
Comments also may be sent via
facsimile (fax) to 727-570-5656. Comments will not be accepted if
submitted via e-mail or on the Internet.
FOR FURTHER INFORMATION CONTACT: Jill Stevenson, 301-713-2347 or e-mail
at jill.stevenson@noaa.gov or Pat Scida, 978-281-9260 or email at
pasquale.scida@noaa.gov.
SUPPLEMENTARY INFORMATION: The U.S. Atlantic HMS fisheries are managed
under the Fishery Management Plan for Atlantic Tunas, Swordfish, and
Sharks (FMP). Implementing regulations at 50 CFR part 635 are issued
under the dual authority of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act; codified at 16 U.S.C. 1801 et
seq.) and the Atlantic Tunas Convention Act (ATCA; codified at 16
U.S.C. 971 et seq.). Regulations issued under the authority of ATCA
carry out the recommendations of ICCAT.
North Atlantic Swordfish Quota
At the 2000 meeting of ICCAT, Japan indicated that it had exceeded
its North Atlantic swordfish quota, due to higher than anticipated
incidental catch rates of swordfish in its bigeye tuna fishery. The
overharvest has forced Japan to require its fishermen to release all
swordfish, regardless of whether such swordfish are retrieved dead. By
its nature, this incidental catch problem is difficult to address, and
Japan will continue to monitor the number of swordfish discarded dead.
In the interests of supporting the ICCAT swordfish stock rebuilding
program and accounting for all sources of mortality, the United States
agreed to assist Japan with a one-time transfer of North Atlantic
swordfish quota (400 mt whole weight (ww); 301 mt dressed weight (dw))
in 2001. The quota transfer agreement had the full support of the U.S.
ICCAT Commissioners and representatives of the U.S. longline industry.
For the purposes of the transfer agreement, NMFS proposes to amend
the HMS regulations to establish a reserve quota for swordfish, in part
to provide for the reservation of quota to transfer to Japan, and to
amend the procedures by which any additional reserve quota shall be
apportioned to other fishing categories. Recently, NMFS published a
notice adjusting the 2001 quotas for North Atlantic swordfish by
carrying forward the unharvested amount from the 1999 fishing year (66
FR 46401, September 5, 2001). It is anticipated, based on
[[Page 57410]]
preliminary landings data, that some unharvested U.S. swordfish quota
from the 2000 fishing year will also be available for carryover to the
2001 fishing year. NMFS proposes to allocate a portion of the carryover
amounts from 1999 and/or 2000 to the reserve, with the remainder to be
allocated to the fishing categories for the 2001 fishing year. The
reserve amount could then be used to effect the proposed transfer to
cover excess dead discards by Japanese vessels. Any additional quota
shall be held in reserve for inseason adjustments to fishing
categories, to compensate for projected or actual overharvest in any
category, for fishery independent research, or for other purposes
consistent with management objectives.
South Atlantic Swordfish Quota
Consistent with the 2000 ICCAT recommendation, NMFS proposes to
maintain the current U.S. South Atlantic swordfish quota at 384 mt ww
(289 mt dw) for the 2001 fishing year. NMFS estimates that in the 2000
fishing year, only 11 percent of the U.S. South Atlantic Swordfish
quota was harvested (based on preliminary landings data). However, the
ICCAT recommendation does not authorize carryover of unharvested South
Atlantic swordfish quota.
Authorized Fishing Areas
Prior to the publication of the HMS FMP and consolidation of
Atlantic HMS regulations under new part 635 of the Code of Federal
Regulations (CFR) (64 FR 29090, May 28,1999), regulations governing the
Atlantic tunas fisheries existed under 50 CFR part 285. Regulatory text
at 50 CFR 285.3 (b) and (g) prohibited persons and vessels subject to
the jurisdiction of the United States from possessing fish taken in
violation of regulations implementing ICCAT recommendations or from
violating another country's fisheries regulations pertaining to species
managed by ICCAT. These prohibitions were necessary to enforce U.S.
regulations for all persons and vessels subject to U.S. jurisdiction,
regardless of fishing area.
While those specific prohibitions were included in the initial
proposed consolidated HMS regulations (61 FR 57361, November 6, 1996),
they were inadvertently excluded when the consolidated regulations were
re-proposed to implement the new requirements of the HMS FMP (64 FR
3486, January 20, 1999). The regulatory consolidation was not intended
to make substantive changes to existing regulations, other than those
specifically noted as necessary to achieve consistency or to implement
new requirements of the HMS FMP. The exclusion of the prohibitions at
50 CFR 285.3 (b) and (g) from the consolidated regulatory text under 50
CFR part 635 was a drafting error and requires the correction contained
in this proposed rule. Therefore, NMFS proposes to amend Secs. 735.71
(a)(24), (a)(29), and (a)(36) to add these provisions.
Additionally, at the 2000 ICCAT meeting, the United States was
notified that a U.S.-flagged vessel landed Atlantic bluefin tuna caught
in the Mediterranean Sea. U.S. fishermen may not harvest east Atlantic
bluefin tuna because ICCAT recommendations supporting the rebuilding
program for west Atlantic bluefin tuna prohibit transfer of fishing
effort from the western Atlantic to the eastern Atlantic and, further,
the U.S. is not a participant in the east Atlantic bluefin tuna
allocation scheme. The Atlantic HMS regulations specifically note the
authorized fishing areas and management units of stocks for which the
United States is party to ICCAT allocation schemes. However, there are
no specific regulations pertaining to unauthorized fishing areas with
respect to those stock management units for which the United States
does not have an allocation. Therefore, NMFS proposes to amend
Sec. 635.25 to designate those areas where U.S. fishermen may not
harvest certain Atlantic HMS. One such unauthorized fishing area is the
eastern Atlantic Ocean (generally, east of 45 deg. W. long. above
10 deg. N. lat. and west of 25 deg. W. long. below the equator), which
is closed to U.S. vessels for the harvest of bluefin tuna.
Operators of U.S. commercial fishing vessels wishing to fish for
species regulated under the authority of ATCA in unauthorized areas may
operate under contract with another nation, provided such activities
are consistent with applicable U.S. and foreign nation laws and
regulations, ICCAT recommendations and international agreements. In
such cases, however, these vessel owners must have an exempted fishing
permit issued by NMFS to ensure they are not fishing in violation of
U.S. regulations. Additionally, U.S. citizens may fish recreationally
for such species in such areas from a vessel under foreign
jurisdiction, provided the vessel is authorized by its flag nation to
undertake such fishing activity and is operating consistent with ICCAT
recommendations.
Bigeye Tuna Trade Restrictions
At its 2000 meeting, ICCAT identified Contracting Parties and non-
Contracting parties/entities whose large-scale longline vessels have
been fishing for bigeye tuna in a manner that diminishes the
effectiveness of ICCAT measures. Belize, Cambodia, Equatorial Guinea,
Honduras, and St. Vincent and the Grenadines were identified as such
entities; vessels registered to these countries are fishing in the
Atlantic Ocean and have bigeye tuna as their primary target, yet
catches are largely unreported and unregulated. Following the
procedures established in the bluefin tuna and swordfish action plans
to ensure the effectiveness of those conservation programs, the above
mentioned Parties/entities were notified and given the opportunity to
rectify the situation. Having received no satisfactory responses, ICCAT
recommended trade restrictive measures for bigeye tuna.
Therefore, NMFS proposes to ban the import of Atlantic bigeye tuna
harvested by vessels flagged by Belize, Cambodia, Equatorial Guinea,
Honduras, and St. Vincent and the Grenadines. Consistent with the ICCAT
recommendation, NMFS would not make the restriction on Honduras
effective until ICCAT has determined at its 2001 meeting that Honduran
vessels are fishing for Atlantic bigeye tuna in a manner that
diminishes the effectiveness of ICCAT's conservation and management
measures. If such a determination is made, NMFS would make effective as
soon as possible the trade restrictions as they would apply to
Honduras.
In order to monitor trade of bigeye tuna and enforce the proposed
import restrictions, NMFS considered requiring that all bigeye tuna
shipments, regardless of their origin, be accompanied by a Certificate
of Eligibility (COE) as a condition of entry into the United States.
This document would contain information about the ocean of origin and
the flag of the harvesting vessel: data that are not available from
existing sources (e.g., Customs entry summary data, shipping invoices).
However, ICCAT also recommended at its 2000 meeting that statistical
documentation programs be developed for swordfish and bigeye tuna,
similar to the existing bluefin tuna statistical document. NMFS has
initiated internal discussions on this topic and has hosted a public
scoping meeting (June 2001) to solicit comments from U.S. industry
members and a Technical Workshop (July 2001) for ICCAT counterparts. At
the 2001 meeting, NMFS will continue to work with other ICCAT members
to adopt a recommendation for swordfish and bigeye statistical
documentation programs.
[[Page 57411]]
Given the expectation of a more comprehensive ICCAT trade
monitoring program in the near future, NMFS concludes that a domestic
COE program for bigeye tuna implemented only for the short term and
replaced by a more comprehensive program in the future is impractical.
Instead, NMFS proposes regulations whereby any bigeye tuna imported
into the United States would be assumed to be caught by vessels of the
exporting nation. Importers buying bigeye tuna or its products from the
restricted countries listed above would need to show that the product
was harvested by flag vessels of another country in order to clear U.S.
Customs. Further, NMFS proposes to amend the regulations regarding
restricted ports of entry, codified at Sec. 635.47, to include bigeye
tuna, if such port of entry designations become necessary to avoid
circumvention of the bigeye tuna trade restrictions.
Other ICCAT Issues
ICCAT adopted a number of other recommendations and resolutions at
the 2000 meeting that do not presently require rulemaking but will
require management action on the part of NMFS. These include
recommendations regarding South Atlantic swordfish and North and South
Atlantic albacore. ICCAT's 2000 recommendation on blue and white marlin
will be addressed in a separate rulemaking.
ICCAT adopted a status quo target total allowable catch (TAC) for
South Atlantic swordfish and contracting parties agreed to establish
unilateral catch limits for 2001 consistent with that target TAC. In
December, 2000, the United States informed ICCAT of its intention to
restrict harvest of South Atlantic swordfish by U.S. vessels to its
previously established annual catch limit of 384 mt ww. As this annual
quota is currently established by regulation, no further action is
required at this time.
Additionally, ICCAT adopted a recommendation for South Atlantic
albacore that establishes a 2001 TAC and specifies that countries
having caught less than 100 mt ww of southern albacore per year during
1992-96 are subject to an annual catch limit of 100 mt ww. The United
States does not have a directed fishery for South Atlantic albacore,
but does take albacore as bycatch in its directed swordfish fishery.
Because U.S. annual South Atlantic albacore landings were well below
the 100-mt ww limit in the specified reference years and are not
anticipated to increase significantly, no changes to the regulations
are proposed at this time.
ICCAT also adopted a recommendation that sets a 2001 TAC for North
Atlantic albacore and establishes the U.S. share as 607 mt ww for the
year 2001. Since average recent harvests have not exceeded this level,
no regulations to establish a quota are proposed at this time. The 2001
recommendation provides for rollover/deduction of over/underharvest of
this annual catch limit for quotas yet to be established for years 2002
and/or 2003. Depending on the requirements of any subsequent ICCAT
recommendations for North Atlantic albacore, NMFS may need to undertake
rulemaking to establish commercial and recreational harvest quotas and
to adjust for any overharvest or underharvest during the 2001 fishing
year.
Other Amendments
NMFS proposes an amendment to the regulations to correct the dates
specified for phasing out the North Atlantic swordfish dead discard
allowances. In a Federal Register notice published December 12, 2000
(65 FR 77523), NMFS inadvertently stated that the dead discard
allowance of 160 mt ww would apply to the fishing year beginning May 1,
2001. The ICCAT recommendation and the supporting rulemaking documents
indicate that the 160 mt ww swordfish dead discard allowance applies to
the fishing year that begins June 1, 2002.
NMFS also proposes an amendment to the regulations published
December 12, 2000 (65 FR 77523) to implement the 1999 ICCAT
recommendation to prohibit swordfish imports from designated countries.
NMFS inadvertently omitted the relevant prohibition that should have
accompanied that trade restriction rule and proposes to add it to
facilitate enforcement. NMFS also proposes a change to those swordfish
trade restrictions to conform to the 1999 ICCAT recommendation. The
recommendation indicated that trade restrictions should apply only to
Atlantic swordfish (not Indian Ocean or Pacific Ocean swordfish), and
such a distinction was stated in the preamble to the final rule.
However, the regulatory text prohibits the import of swordfish of any
stock harvested by vessels of Belize and Honduras. The swordfish COE
program collects information regarding the ocean area of origin of
imported swordfish. NMFS does not anticipate an enforcement problem
associated with restricting trade only of Atlantic swordfish.
Therefore, NMFS proposes to change the import prohibition to apply only
to Atlantic swordfish harvested by vessels of Belize and Honduras.
Public Hearings and Special Accommodations
NMFS will hold public hearings (see DATES and ADDRESSES) to receive
comments from fishery participants and other members of the public
regarding these proposed amendments. These hearings will be physically
accessible to people with disabilities. Requests for sign language
interpretation or other auxiliary aids should be directed to Jill
Stevenson at (301) 713-2347 at least 5 days prior to the hearing date.
For individuals unable to attend a hearing, NMFS also solicits written
comments on the proposed rule (see DATES and ADDRESSES).
Classification
This proposed rule is published under the authority of the
Magnuson-Stevens Act and 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 to manage the domestic Atlantic highly migratory species
fisheries.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel of Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities
as follows:
Although the reserve quota would be established with the initial
intent of implementing a transfer to Japan, the reserve of 301 mt dw
of North Atlantic swordfish would be obtained from unharvested quota
from prior fishing years. Because the North Atlantic swordfish
fishery has not been closed in recent years and a significant amount
of the available quota has been carried over for several years, the
reservation and subsequent transfer of quota for Japan is not
expected to result in a closure of the domestic fishery or diminish
fishing opportunities for U.S. vessels. Likewise, the other
alternatives considered in the proposed rule would not have economic
impacts: the south Atlantic swordfish quota is unchanged; there are
no significant imports of Atlantic bigeye tuna from the designated
countries; and the other amendments serve only to clarify and
facilitate enforcement of existing regulations. These changes would
not have an impact on a substantial number of small entities. For
example, correcting the date that applies to the swordfish dead
discard allowance clarifies and reflects the intent of the relevant
ICCAT recommendation. This change would not have an economic impact
since it neither changes the fishing year nor the intent of the dead
discard allowance that ICCAT recommended. The amendment which
relates to the scope of swordfish
[[Page 57412]]
import restrictions would lessen the impact on affected importers if
they were to import from those countries because this revision would
reduce the scope of the restrictions to include only Atlantic
swordfish, instead of applying to swordfish from all ocean areas.
However, this amendment does not have a significant impact on a
substantial number of importers since swordfish have not recently
been imported from those countries. In addition, NMFS inadvertently
omitted a prohibition on swordfish imports. Prohibitions are a
portion of Federal regulations that succinctly summarize the
regulations and are utilized often by enforcement personnel.
Including a prohibition does not change the nature of the regulatory
requirements but adds support to prosecution of cases related to
such regulatory measures. Accordingly, these proposed actions,
considered separately or in aggregate, are not expected to have a
significant economic impact.
Because of this certification, an initial regulatory flexibility
analysis was not prepared.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
On September 7, 2000, NMFS reinitiated formal consultation for all
HMS commercial fisheries under section 7 of the Endangered Species Act.
A Biological Opinion (BiOp) issued June 14, 2001, concluded that
continued operation of the Atlantic pelagic longline fishery is likely
to jeopardize the continued existence of endangered and threatened sea
turtle species under NMFS jurisdiction. NMFS is currently implementing
the reasonable and prudent alternative required by the BiOp. None of
the actions in this proposed rule would have any additional impact on
sea turtles as these actions are not likely to increase or decrease
pelagic longline effort, nor are they expected to shift effort into
other fishing areas. No irreversible or irretrievable commitments of
resources are expected from this proposed action that would have the
effect of foreclosing the implementation of the requirements of the
BiOp.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations,
Intergovernmental relations, Penalties, Reporting and recordkeeping
requirements, Statistics, Treaties.
Dated: November 9, 2001.
Rebecca Lent,
Acting Assistant Administrator, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 635 is
proposed to be amended as follows:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
1. The authority citation for part 635 continues to read as
follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
2. A new Sec. 635.25 is added to read as follows:
Sec. 635.25 Fishing areas.
(a) General. Persons on board fishing vessels subject to the
jurisdiction of the United States are authorized to fish for, catch,
retain, or land species governed by an international catch sharing
agreement implemented under this part only in or from those management
areas for which the United States has received an allocation.
(b) Exemptions. Persons and vessels subject to the jurisdiction of
the United States intending to fish for regulated species in fishing
areas not otherwise authorized under this part, whether for the
purposes of scientific research, or commercial fishing under a
chartering arrangement, must have a permit from NMFS issued under
Sec. 635.32.
(c) Atlantic bluefin tuna. No person aboard a U.S. fishing vessel
shall fish for bluefin tuna in or possess on board that fishing vessel,
a bluefin tuna taken from, the Atlantic Ocean east of 45 deg. W. long.
north of 10 deg. N. lat., east of 35 deg. W. long. between 10 deg. N.
lat. and 5 deg. N. lat., east of 30 deg. W. long. between 5 deg. N.
lat. and the equator, and east of 25 deg. W. long. south of the
equator.
3-4. In Sec. 635.27, paragraph (c) is revised to read as follows:
Sec. 635.27 Quotas.
* * * * *
(c) Swordfish. (1) Categories. Consistent with ICCAT
recommendations, the fishing year's total amount of swordfish that may
be caught, retained, possessed, or landed by persons and vessels
subject to U.S. jurisdiction is divided into quotas for the North
Atlantic swordfish stock and the South Atlantic swordfish stock. The
quota for the North Atlantic swordfish stock is further divided into
equal semi-annual directed fishery quotas, an annual incidental catch
quota for fishermen targeting other species and, as needed, a reserve
category. In addition, a dead discard allowance is established for the
North Atlantic swordfish stock.
(i) North Atlantic swordfish. (A) A swordfish from the North
Atlantic swordfish stock caught prior to the directed fishery closure
by a vessel for which a directed fishery permit or a handgear permit
for swordfish has been issued is counted against the directed fishery
quota. The annual directed fishery quota for the North Atlantic
swordfish stock is 1,919 mt dw for each fishing year beginning June 1,
2000. The annual directed fishery quota is subdivided into two equal
semiannual quotas of 959.5 mt dw, one for June 1 through November 30,
and the other for December 1 through May 31 of the following year.
(B) A swordfish from the North Atlantic swordfish stock landed by a
vessel for which an incidental catch permit for swordfish has been
issued, landed by fishermen without swordfish permits consequent to
recreational fishing, or caught after the effective date of a closure
of the directed fishery from a vessel for which a directed fishery
permit or a handgear permit for swordfish has been issued is counted
against the incidental catch quota. The annual incidental catch quota
for the North Atlantic swordfish stock is 300 mt dw.
(C) The dead discard allowance for the North Atlantic swordfish
stock is: 320 mt ww for the fishing year beginning June 1, 2000; 240 mt
ww for the fishing year beginning June 1, 2001; and 160 mt ww for the
fishing year beginning June 1, 2002. All swordfish discarded dead from
U.S. fishing vessels, regardless of whether such vessels are permitted
under this part, shall be counted against the allowance.
(D) A portion of the total allowable catch of North Atlantic
swordfish may be held in reserve for inseason adjustments to fishing
categories, to compensate for projected or actual overharvest in any
category, for fishery independent research, or for other purposes
consistent with management objectives.
(ii) South Atlantic swordfish. The annual directed fishery quota
for the south Atlantic swordfish stock is 289 mt dw. The entire quota
for the South Atlantic swordfish stock is reserved for pelagic longline
vessels for which a directed fishery permit for swordfish has been
issued; retention of swordfish caught incidental to other fishing
activities or with other fishing gear is prohibited in the Atlantic
Ocean south of 5 deg. N. lat.
(2) Inseason adjustments. (i) NMFS may adjust the December 1
through May 31 semiannual directed fishery quota or, as applicable, the
reserve category, to reflect actual directed fishery and incidental
fishing category catches during the June 1 through November 30
semiannual period.
(ii) If NMFS determines that the annual incidental catch quota will
not be taken before the end of the fishing year, the excess quota may
be allocated
[[Page 57413]]
to the directed fishery quota or to the reserve.
(iii) If NMFS determines that it is necessary to close the directed
swordfish fishery prior to the scheduled end of a semi-annual fishing
season, any estimated overharvest or underharvest of the directed
fishery quota for that semi-annual season will be used to adjust the
annual incidental catch quota or the reserve as necessary to maintain
landings and discards within the required annual limits.
(iv) NMFS will file with the Office of the Federal Register for
publication notification of any inseason swordfish quota adjustment and
its apportionment to fishing categories or to the reserve made under
this paragraph (c)(2) of this section.
(3) Annual adjustments. (i) Except for the carryover provisions of
paragraphs (c)(3)(ii) and (iii) of this section, NMFS will file with
the Office of the Federal Register for publication notification of any
adjustment to the annual quota necessary to meet the objectives of the
Fishery Management Plan for Atlantic Tunas, Swordfish and Sharks. NMFS
will provide at least 30 days opportunity for public comment.
(ii) If consistent with applicable ICCAT recommendations, total
landings above or below the specific North Atlantic or South Atlantic
swordfish annual quota shall be subtracted from, or added to, the
following year's quota for that area. As necessary to meet management
objectives, such carryover adjustments may be apportioned to fishing
categories and/or to the reserve. Any adjustments to the 12-month
directed fishery quota will be apportioned equally between the two
semiannual fishing seasons. NMFS will file with the Office of the
Federal Register for publication notification of any adjustment or
apportionment made under this paragraph (c)(3)(ii).
(iii) The dressed weight equivalent of the amount by which dead
discards exceed the allowance specified at paragraph (c)(1)(i)(C) of
this section shall be subtracted from the landings quota in the
following fishing year or from the reserve category. NMFS will file
with the Office of the Federal Register for publication notification of
any adjustment made under this paragraph (c)(3)(iii).
5. Section 635.45 is revised to read as follows:
Sec. 635.45 Products denied entry.
(a) All shipments of Atlantic swordfish, or its products in any
form, harvested by a vessel under the jurisdiction of Belize or
Honduras will be denied entry into the United States.
(b) All shipments of Atlantic bluefin tuna, or its products, in any
form, harvested by a vessel under the jurisdiction of Belize, Honduras,
or Equatorial Guinea will be denied entry into the United States.
(c) All shipments of Atlantic bigeye tuna, or its products, in any
form, harvested by a vessel under the jurisdiction of Belize, Cambodia,
Equatorial Guinea, Honduras or St. Vincent and the Grenadines will be
denied entry into the United States. It is a presumption that any
shipment containing bigeye tuna or its products offered for entry or
imported into the United States has been harvested by a vessel or
vessels of the exporting nation.
6. Section 635.47 is revised to read as follows:
Sec. 635.47 Ports of entry.
NMFS shall monitor imported shipments of bluefin tuna, bigeye tuna,
and swordfish into the United States. If NMFS determines that the
diversity of handling practices at certain ports at which any of these
species is being imported into the United States allows for
circumvention of the bluefin tuna statistical document, swordfish
Certificate of Eligibility requirements, or trade restrictions for
these species or for Atlantic bigeye tuna, NMFS may designate, after
consultation with the U.S. Customs Service, those ports at which these
species may be lawfully imported into the United States. NMFS shall
announce the names of such designated ports and the effective dates of
entry restrictions through publication of a notice in the Federal
Register.
7. In Sec. 635.71,paragraphs (a)(24) and (a)(29) are revised, and a
new paragraph (a)(36) is added, to read as follows:
Sec. 635.71 Prohibitions.
* * * * *
(a) * * *
(24) Import, or attempt to import, any fish or fish products
regulated under this part in a manner contrary to any import
requirements or import restrictions specified at Secs. 635.40, 635.41,
635.45, and 635.46, or at other than an authorized port of entry
designated by NMFS under Sec. 635.47.
* * * * *
(29) Land, transship, ship, transport, purchase, sell, offer for
sale, import, export, or have in custody, possession, or control:
(i) Any fish that the person knows, or should have known, was
taken, retained, possessed, or landed contrary to this part, without
regard to the citizenship of the person or registry of the fishing
vessel that harvested the fish.
(ii) Any fish of a species regulated pursuant to a recommendation
of ICCAT that was harvested, retained, or possessed in a manner
contrary to the regulations of another country.
* * * * *
(36) Fish for, or possess on board a fishing vessel, species
regulated under this part in unauthorized fishing areas as specified in
Sec. 635.25.
* * * * *
[FR Doc. 01-28646 Filed 11-9-01; 4:32 pm]
BILLING CODE 3510-22-S