[Federal Register Volume 62, Number 174 (Tuesday, September 9, 1997)]
[Proposed Rules]
[Pages 47416-47417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23775]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 630
[Docket No. 970829218-7218-01; I.D. 080597E]
RIN 0648-AK39
Options for Banning the Sale of Undersized Atlantic Swordfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advanced notice of proposed rulemaking (ANPR); request for
comments.
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SUMMARY: NMFS is requesting comments on the necessity of and options
for rulemaking to impose a ban on the sale of all undersized swordfish,
regardless of origin, in order to implement an International Convention
for the Conservation of Atlantic Tunas(ICCAT) recommendation to ban the
sale of Atlantic swordfish less than the adopted minimum size (73 cm
measured cleithrum to keel (CK) or 33 lb dressed weight (dw)).
DATES: Written comments on this ANPR must be received on or before
October 6, 1997.
ADDRESSES: Written comments should be addressed to Rebecca Lent, Chief,
Highly Migratory Species Management Division (F/SF1), National Marine
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT: Jill Stevenson, 301-713-2347 or Buck
Sutter (813) 570-5447.
SUPPLEMENTARY INFORMATION:
Background
The fishable biomass of the north Atlantic swordfish stock is
estimated to have declined 68 percent between 1963 and 1996. Prior to
the early 1960s, the stock's biomass is estimated to have been nearly
two times the level needed to produce MSY. By the beginning of 1996,
its biomass was estimated to be 58 percent of the level needed to
produce maximum sustainable yield (MSY). Similarly, the South Atlantic
swordfish stock has been under increased fishing pressure.
ICCAT has adopted measures to reduce fishing mortality in the
entire Atlantic Ocean. A 1991 ICCAT recommendation had established a
minimum size for Atlantic swordfish of 79 cm CK (125 cm lower jaw fork
length) with a discretionary 15-percent- per-trip (by number)
tolerance. Even with the provision for tolerance, however, U.S.
fishermen have continued to catch and discard many undersized fish.
In 1995, in order to protect small Atlantic swordfish, ICCAT
adopted an alternative minimum size measure, recommending that each
contracting party take necessary steps to prohibit the taking of
swordfish in the Atlantic Ocean, as well as the landing and sale in
each party's jurisdiction, of swordfish and swordfish parts less than
119 cm lower jaw fork length (73 cm or 29 inches CK)or the equivalent
in weight (33 lb dw), provided that no tolerance of Atlantic swordfish
smaller than this alternative minimum size was allowed.
According to the Standing Committee on Research and Statistics of
ICCAT, the fishing mortality associated with the lower minimum size and
zero tolerance is roughly equivalent to that with the higher minimum
size and 15-percent tolerance. This same ICCAT alternative minimum size
recommendation provided for a ban on the sale of fish less than the
absolute minimum size.
In 1996, the United States implemented this lower minimum size
limit in order to facilitate enforcement and reduce discards of
juvenile fish, since most of the small swordfish brought in under the
15-percent tolerance were greater than the alternative minimum size.
Having adopted the alternative, U.S. vessels operating in the North
Atlantic, Gulf of
[[Page 47417]]
Mexico, and Caribbean Sea were no longer permitted to land any
swordfish less than the minimum size.
However, given the considerable volume of domestic swordfish of
Pacific Ocean origin and imported swordfish from all ocean areas that
is entered into commerce, NMFS is considering whether it is necessary
to prohibit the sale in the United States of all undersized swordfish,
regardless of origin, in order to enforce the ICCAT recommendation
regarding Atlantic swordfish.
Complicating Factors
Since the implementation of the alternative minimum size (61 FR
27304, May 31, 1996), NMFS has been researching the necessity of and
options for implementing a ban on the sale of undersized swordfish.
Many complicating factors make this ban a particular challenge.
The United States imports as much swordfish as it produces from
both its Atlantic and Pacific fisheries. From 1975-1996, U.S.
businesses imported an annual average of 3,167,093 kg (6,967,605 lb) of
swordfish from 83 different countries. In the last 5 years (1992-1996),
an annual average of 5,384,143 kg (11,845,114 lb) of swordfish has been
imported into the United States from 51 countries with imports from
Brazil, Canada, and Chile comprising 61 percent of the 1992-1996
imports. It is not known what proportion of these landings is comprised
of undersized fish. Further, it is not currently known how many
businesses import swordfish or process imported swordfish.
The ICCAT recommendation considers only Atlantic swordfish,
however, domestic landings and imports of Pacific swordfish complicate
monitoring and enforcement activities since genetic testing to
distinguish the two stocks is complex and costly. NMFS intends to work
with the Fishery Management Councils in the Pacific to assess the
feasibility of applying the minimum size for Atlantic swordfish to
Pacific and imported swordfish. Finally, it is not known what impact
regulations that ban the possession of small swordfish or swordfish
parts would have on foreign exporters and processors.
Alternatives
Should it be determined that rulemaking is necessary, NMFS is
considering several alternatives to implement a ban on the sale of
undersized swordfish, regardless of origin:
(1) A requirement that all swordfish importers obtain a valid
dealer permit and that permitted dealers be prohibited from possessing
swordfish or swordfish parts less than the minimum size.
This strategy may have a significant impact on those importers who
also process swordfish, as well as countries that export processed
swordfish (steaks, fillets). Furthermore, NMFS would need assistance on
estimating the approximate number of businesses affected, both domestic
and foreign.
(2) A ban on the possession of small swordfish by dealers unless
the imported shipment were accompanied by a validated document from the
country of origin that states that the swordfish or swordfish parts
were obtained in a manner consistent with ICCAT recommendations.
While this is a very thorough strategy in tracking swordfish
shipments, this documentation framework could be extremely cumbersome,
costly, and a significant reporting burden to a large number of
businesses. It would, however, identify the size of the whole fish,
regardless of the product form(e.g., steaks, fillets) as well as its
origin (flag country, ocean area of catch).
(3) A designation restricted ports of entry for Atlantic swordfish
in order to effect inspection of shipments.
While this would facilitate enforcement of regulations, it would
still require restrictions on imports (whole swordfish or pieces
thereof weighing greater than 33 lb) and could be costly and burdensome
to implement.
Request for Comments
NMFS solicits comments on possible implementation strategies of a
ban on sale of swordfish less than the minimum size, regardless of
origin, including any information that would enable NMFS to analyze the
economic impacts (e.g., number of businesses), as well as to estimate
any applicable reporting burden. Comments received on this ANPR will
assist NMFS in determining the necessity of and options for rulemaking
to impose a ban on the sale of undersized swordfish, regardless of
origin.
Classification
This advanced notice of proposed rulemaking has been determined to
be not significant for purposes of E.O. 12866.
Authority: 16 U.S.C. 971 et seq.
Dated: September 3, 1997.
David L. Evans,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries
Service.
[FR Doc. 97-23775 Filed 9-4-97; 2:28 pm]
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