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Atlantic Highly Migratory Species; Atlantic Swordfish Quotas
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: February 13, 2006 (Volume 71, Number 29)]
[Proposed Rules]
[Page 7499-7502]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13fe06-26]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 060201021-6021-01; I.D. 100405C]
RIN 0648-AT73
Atlantic Highly Migratory Species; Atlantic Swordfish Quotas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments; notice of public hearings.
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SUMMARY: NMFS proposes to amend the regulations governing the North and
South Atlantic swordfish fisheries to modify the North and South
Atlantic Swordfish quotas for the 2005 fishing year (June 1, 2005,
through May 31, 2006) to account for updated landings information from
the 2003 and 2004 fishing years. This action is necessary to ensure
that current quotas are based on the most recent landings information
and account for any underharvest from previous fishing years,
consistent with the regulations at 50 CFR part 635. Additionally, this
action proposes to implement a subsequent recommendation by the
International Commission for the Conservation of Atlantic Tuna (ICCAT)
(Recommendation 04-02), which extends the 2005 North Atlantic swordfish
management measures. The recommendation specifies that the extension of
the 2005 North Atlantic swordfish quota is through the 2006 fishing
year, but this proposed action would extend the 2005 North Atlantic
swordfish management measures until ICCAT provides a recommendation for
a new U.S. allocation of the North Atlantic swordfish total allowable
catch. ICCAT's Standing Committee for Research and Statistics (SCRS)
plans to conduct a stock assessment for North Atlantic swordfish in
2006. If the stock assessment is completed as anticipated, ICCAT
intends to review the results during the Fall 2006 meeting and develop
new management recommendations. In the event that ICCAT does not
recommend a new U.S. allocation, this action proposes to extend the
2005 North Atlantic swordfish management measures until such time as
ICCAT provides the recommendation.
[[Page 7500]]
DATES: Written comments on the proposed rule must be received by 5 p.m.
on March 30, 2006.
NMFS will hold two public hearings to receive comments from fishery
participants and other members of the public regarding the proposed
swordfish regulations. Additional public hearings will be considered
upon request and must be received by 5 p.m. on March 1, 2006 (see FOR
FURTHER INFORMATION CONTACT). The public hearing dates are:
1. Monday, March 13, 2006, 4-6 p.m., Silver Spring, MD.
2. Friday, March 17, 2006, 2-5:30 p.m., Gloucester, MA.
ADDRESSES: The public hearing locations are:
1. Gloucester - Northeast Regional Office, NMFS, 1 Blackburn Drive,
Gloucester, MA 01930; and
2. Silver Spring - National Oceanic and Atmospheric Administration,
SSMC IV, NOAA Auditorium, 1301 East West Highway, Silver Spring 20910.
Written comments on the proposed rule or the Draft Environmental
Assessment/Regulatory Impact Review/Initial Regulatory Flexibility
Analysis (Draft EA/RIR/IRFA) may be submitted to Megan Caldwell,
Fisheries Management Specialist, Highly Migratory Species Management
Division, using any of the following methods:
? Email: SF1.100405C@noaa.gov.
? Mail: 1315 East-West Highway, Silver Spring, MD 20910.
Please mark the outside of the envelope ``Comments on Proposed Rule to
Adjust the North and South Atlantic Swordfish Quotas.''
? Fax: 301-713-1917.
? Federal e-Rulemaking Portal: http://www.regulations.gov. 
Include in the subject line the following identifier: I.D. 100405C.
Copies of the Fishery Management Plan for Atlantic Tunas,
Swordfish, and Sharks (1999 FMP)and other relevant documents are also
available from the Highly Migratory Species Management Division website
at http://www.nmfs.noaa.gov/sfa/hms.
FOR FURTHER INFORMATION CONTACT: Megan Caldwell, by phone: 301-713-
2347; by fax: 301-713-1917; or by email: Megan.Caldwell@noaa.gov.
SUPPLEMENTARY INFORMATION: The U.S. Atlantic swordfish fishery is
managed under the 1999 FMP. Implementing regulations at 50 CFR part 635
are issued under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens 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.
North Atlantic Swordfish Quota
Prior to the 2002 meeting, ICCAT conducted a stock assessment
examining the North Atlantic swordfish population. The Standing
Committee on Research and Statistics (SCRS) concluded that the stock
could support an increase in the total allowable catch (TAC) of North
Atlantic swordfish. According to the stock assessment, the biomass at
the start of 2002 was estimated to be 94 percent of the biomass needed
to produce maximum sustainable yield (MSY). The SCRS felt that there
was a greater that 50-percent chance that a TAC of 14,000 metric tons
(mt) whole weight (ww) would allow the stock to rebuild to MSY by the
end of 2009. Based on this information, ICCAT recommended a TAC of
14,000 mt ww for 2003, 2004, and 2005, which is an increase from 10,400
mt ww in 2002. Of the 14,000 mt ww, the United States is allowed to
catch 3,877 mt ww (2,915.0 mt dressed weight (dw)) in 2003 and 3,907 mt
ww (2,937.6 mt dw) in 2004 and 2005 (Recommendation 02-02).
On November 23, 2004, NMFS published a final rule to implement the
ICCAT recommendations for the North Atlantic swordfish quotas in 2003,
2004, and 2005 (69 FR 68090). Pursuant to 50 CFR 635.27(c)(3)(ii),
total landings below the annual North Atlantic swordfish quota shall be
added to the following year's quota. Any carryover is to be apportioned
equally between the two semi-annual fishing seasons.
The 2003 preliminary reported landings were 1,509.0 mt dw,
resulting in an underharvest of 2,517.8 mt dw. These preliminary
landings were previously used to adjust the quota for the 2004 fishing
year (November 23, 2004; 69 FR 68090). The final landings for 2003 were
1,822.5 mt dw, thus decreasing the 2003 underharvest to 2,275.1 mt dw.
This action would adjust the total available quota for the 2004
fishing year to account for the final 2003 landings information. The
2004 North Atlantic swordfish baseline quota was 2,937.6 mt dw. The
baseline quota plus the final 2003 underharvest would result in a total
2004 quota of 5,212.7 mt dw. The preliminary landings for the 2004
directed and incidental fishery are 1,475.0 mt dw. In addition to these
landings, the United States transferred 18.8 mt dw to Canada, resulting
in an underharvest of 3,398.5 mt dw for the 2004 fishing year after
deducting dead discards.
Under this action, the underharvest from the 2004 fishing year
(3,398.5 mt dw) would be added to the 2005 baseline quota (2,937.6 mt
dw) for an adjusted 2005 North Atlantic swordfish quota of 6,336.1 mt
dw. The reserve category would be allocated 101.5 mt dw, the incidental
category would be allocated 300 mt dw, and the remaining quota would be
divided into two equal semiannual quotas of 2,967.3 mt dw for the
periods of June 1, 2005, through November 30, 2005, and December 1,
2005, through May 31, 2006.
The 2002 ICCAT recommendations included management measures for the
North Atlantic swordfish fishery from 2003, 2004, and 2005 with the
expectation that a new stock assessment would be reviewed by the SCRS
in 2005. The North Atlantic swordfish stock assessment has been
postponed until 2006; therefore in 2004, ICCAT recommended that the
2005 North Atlantic swordfish quotas be extended until new stock status
information is available (Recommendation 04-02). This action proposes
to implement the 2004 ICCAT recommendation. Extending the 2005 North
Atlantic swordfish management measures is not expected to have a
significant impact on the stock because the quota has been
underharvested for the past several years, restrictions on the pelagic
longline fleet remain unchanged, and permits and effort continue to be low.
South Atlantic Swordfish Quota
The SCRS also conducted a stock assessment of South Atlantic
swordfish in 2002. Due to discrepancies between several of the
datasets, reliable stock assessment results could not be produced.
However, the SCRS noted that the total reported catches have decreased
since 1995. ICCAT set a South Atlantic swordfish TAC of 15,631 mt ww in
2003, 15,776 mt ww in 2004, 15,956 mt ww in 2005, and 16,055 mt ww in
2006. Of these amounts, the United States is allocated 100 mt ww (75.2
mt dw) in 2003, 2004, and 2005 and 120 mt ww (90.2 mt dw) in 2006
(Recommendation 02-03).
The November 2004 final rule also implemented the ICCAT
recommendations for the South Atlantic swordfish fishery in 2003, 2004,
2005, and 2006 (68 FR 68090). As mentioned above, the regulations also
require that landings below the annual South Atlantic quota shall be
added to the following year's quota.
The 2004 South Atlantic swordfish landings were below the adjusted
2004 quota. Therefore, this action proposes to carry over the
underharvest into the 2005 fishing year. There were no
[[Page 7501]]
directed South Atlantic swordfish landings during the 2004 fishing
year. The adjusted quota for the 2004 fishing year was 334.3 mt dw
(75.2 mt dw baseline plus 259.1 mt dw carried over from the 2003
fishing year). Therefore, this action proposes to combine 2005 baseline
quota (75.2 mt dw) with the carryover from 2004 fishing year (334.3 mt
dw), increasing the total 2005 South Atlantic swordfish quota to 409.5
mt dw. There is no incidental catch quota for South Atlantic swordfish.
Requests for Comments
NMFS will hold two public hearings (see DATES and ADDRESSES) to
receive comments from fishery participants and other members of the
public regarding this proposed rule. These hearings will be physically
accessible to people with disabilities. Requests for sign language
interpretation or other auxiliary aids should be directed to Megan
Caldwell 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. Consistent with 50 CFR 635.27 (c)(3)(ii)
and (iii), this action proposes to adjust the 2005 North and South
Atlantic swordfish annual quotas to account for the underharvest from
previous fishing years. Additionally this action proposes to implement
the 2004 ICCAT recommendation, which extends the 2005 North Atlantic
swordfish management measures. The proposed quota for the North
Atlantic swordfish fisheries would be apportioned equally between the
two semi-annual fishing seasons in the North Atlantic region. The
Assistant Administrator for Fisheries, NOAA, has preliminarily
determined that the regulations contained in this rule are necessary to
ensure continued progress toward the conservation goals of ICCAT, the
Magnuson-Stevens Act, ATCA, and the FMP for Atlantic Tunas, Swordfish,
and Sharks.
The measures proposed in this rule are not expected to alter
fishing practices or fishing effort significantly and therefore should
not have any further impacts on endangered species, marine mammals, or
critical habitat beyond those considered in the June 2001 Biological
Opinion (BiOp) on Atlantic HMS Fisheries and the June 2004 BiOp for the
HMS pelagic longline (PLL) fisheries. In the June 2001 BiOp, it was
determined that the continued operation of the Atlantic HMS rod and
reel fishery is not likely to jeopardize the continued existence of the
right whale, humpback, fin, or sperm whales, or Kemp's ridley, green,
loggerhead, hawksbill, or leatherback sea turtles. The June 2004 BiOp
determined that the continued operation of the PLL fishery is not
likely to jeopardize the continued existence of loggerhead, green,
hawksbill, Kemp's ridley, or olive ridley sea turtles, but is likely to
jeopardize the continued existence of leatherback sea turtles.
NMFS has since promulgated regulations required by the 2004 BiOp to
avoid jeopardy of leatherback sea turtles, such as sea turtle bycatch
and bycatch mortality mitigation measures for all Atlantic vessels with
PLL gear onboard. In addition, NMFS has implemented regulations
requiring PLL vessels to use only 18/0 hooks with whole mackerel and/or
squid in the Northeast Distant (NED) Statistical Reporting Area, and
16/0 hooks and/or 18/0 hooks everywhere outside the NED using whole
finfish or squid, and to possess and use sea turtle release equipment
with specified sea turtle handling and release protocols. Handling and
release guidelines are also required to be posted in the wheelhouse.
NMFS has also implemented several time/area closures between 1999 and
2002, which in combination with the previously mentioned restrictions
have contributed to the quota underages for both the North and South
Atlantic swordfish quotas since 2000. In 2004, there were 390
commercial swordfish directed and incidental permit holders, but only
142 vessels reported commercial swordfish landings. Because NMFS is not
altering the current restrictions on the PLL fishery, the increased
quota is not expected to increase effort.
An additional short term consideration is the impact of Hurricanes
Katrina and Rita on the pelagic longline fishing industry in the Gulf
of Mexico. The effort in this area is not likely to increase during the
2005 fishing year.
Thus, NMFS feels that the current level of incidental takes of
protected species is not likely to be impacted by this proposed change.
Accordingly, no irreversible or irretrievable commitment of resources
is expected from this proposed action as this proposed rule is not
expected to adversely affect protected species.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
This action proposes to modify the North and South Atlantic swordfish
quotas for the 2005 fishing year to account for the underharvest in
previous fishing years. Additionally, this action proposes to extend
the 2005 North Atlantic swordfish management measures pursuant to a
2004 ICCAT (Recommendation 04-02). These actions are necessary to
comply with the recommendations of ICCAT, the requirements of the
Magnuson-Stevens Act and ATCA, and the measures in the FMP for Atlantic
tunas, sharks, and swordfish.
The commercial swordfish fishery is composed of fishermen who hold
a swordfish directed, incidental, or handgear permit and the related
industries including processors, bait houses, and equipment suppliers,
all of which NMFS considers to be small entities. In 2004, there were
390 commercial permit holders and 142 vessels reported landing
swordfish commercially. About 90 percent of the vessels reporting
commercial swordfish landings used pelagic longline gear. In 2005, the
commercial swordfish permit holders declined to 372 permits for
directed, incidental, and handgear permits. In 2004, there were also
24,843 HMS Angling permit holders who could land swordfish
recreationally (i.e., not for profit), and 4,113 charter/headboat
permit holders authorized to land swordfish. Other sectors of highly
migratory species fisheries, such as dealers, processors, bait houses,
and gear manufacturers, could be indirectly affected by the final
regulations.
The proposed increased quota could potentially result in revenue
increases; however, U.S. fishermen have not met either the North or
South Atlantic swordfish quotas since 2000. For example, in 2004, the
North Atlantic swordfish fishery had an underharvest of 3,398.5 mt dw
and the South Atlantic swordfish fishery had an underharvest of 334.2
mt dw. The proposed action would result in a quota that is greater than
current catches. Thus, NMFS does not believe that the net benefits and
costs would change significantly as a result of the proposed quota
increases.
In the Final Regulatory Flexibility Analysis for the November 24,
2004, final rule (69 FR 68090), the criteria used to evaluate the
potential impacts include analysis of gross revenues in recent years
from pelagic longline logbook data. In future fishing years, the
present value of gross and net revenues for the swordfish fishery at
the ex-vessel level could increase, but that would depend on the extent
to which fishermen can expand their effort to
[[Page 7502]]
catch the quota. For example, increasing the North Atlantic swordfish
quotas by 3,398.5 mt dw could increase ex-vessel revenues by as much as
$23.5 million if the entire adjusted quota were caught; and increasing
the South Atlantic swordfish quota by 334.3 mt dw could increase the
ex-vessel revenues by $2.3 million. Based on existing regulations,
including time/area closures, minimum sizes, and permit restrictions,
it is unlikely that there will be an increase in effort in the fishery.
If effort is increased, U.S. fishermen would potentially experience
positive benefits as a result of this proposed rule.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
NMFS has determined preliminarily that these regulations would be
implemented in a manner consistent to the maximum extent practicable
with the enforceable policies of those coastal states in the Atlantic,
Gulf of Mexico, and Caribbean that have approved coastal zone
management programs. Letters have been sent to the relevant states
asking for their concurrence.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Management, Reporting and recordkeeping
requirements, Treaties.
Dated: February 7, 2006.
William T. Hogarth,
Assistant Administrator for Fisheries, 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. In Sec. 635.27, paragraph (c)(1)(i)(A) is revised to read as
follows:
Sec. 635.27 Quotas.
* * * * *
(c) * * *
(1) * * *
(i) * * *
(A) A swordfish from the North Atlantic 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 fishery quota, not
adjusted for over- or underharvests, is 2,937.6 mt dw for each fishing
year beginning June 1, 2004. The annual quota is subdivided into two
equal semiannual quotas of 1,468.8 mt dw: one for June 1 through November
30, and the other for December 1 through May 31 of the following year.
* * * * *
[FR Doc. E6-1980 Filed 2-10-06; 8:45 am]
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