Atlantic Highly Migratory Species; Atlantic Swordfish Quotas, 56929-56933 [E7-19715]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 72, Number 193 (Friday, October 5, 2007)]
[Rules and Regulations]
[Pages 56929-56933]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19715]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[I.D. 020607C]
RIN 0648-AV10


Atlantic Highly Migratory Species; Atlantic Swordfish Quotas

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: This final rule amends the regulations governing the North and 
South Atlantic swordfish fisheries to implement two recommendations by 
the International Commission for the Conservation of Atlantic Tuna 
(ICCAT)(Recommendations 06-02 and 06-03). These recommendations 
establish baseline quotas for North and South Atlantic swordfish, 
respectively, and set caps on underharvest carryover. Additionally, 
recommendation 06-02 allows a contracting party (CPC) with a total 
allowable catch (TAC) allocation to make a transfer within a fishing 
year of up to 15 percent of its baseline allocation to other CPCs with 
TAC allocations, as long as the transfer is conducted in a manner that 
is consistent with domestic obligations and conservation 
considerations. This final rule will transfer 15 percent of the North 
Atlantic swordfish baseline quota into the reserve category which would 
allow it to be transferred to other CPCs with TAC allocations. In 
addition, this final rule modifies the North and South Atlantic 
swordfish quotas for the 2006 fishing year to account for updated 
landings information from the 2004 and 2005 fishing years. Finally, 
this final rule includes the option of an internet website as an 
additional method for complying with the Atlantic Highly Migratory 
Species (HMS) Angling or Atlantic HMS Charter/Headboat category(s 24 
hour reporting requirement. Currently, reporting is by telephone only. 
This rule will remain in effect until ICCAT provides new 
recommendations for the U.S. swordfish fisheries.

DATES: This rule is effective on November 5, 2007.

ADDRESSES: For copies of the Final Environmental Assessment/Regulatory 
Impact Review/Final Regulatory Flexibility Analysis (EA/RIR/FRFA), 
please write to Highly Migratory Species Management Division, 1315 
East-West Highway, Silver Spring, MD 20910, or at 301-713-1917 (fax). 
Copies are also available from the HMS website at https://
www.nmfs.noaa.gov/sfa/hms/.

FOR FURTHER INFORMATION CONTACT: Heather Ann Halter or Karyl Brewster-
Geisz by phone: 301-713-2347 or by fax: 301-713-1917.

SUPPLEMENTARY INFORMATION:

Background

    The U.S. Atlantic swordfish fishery is managed under the 2006 
Consolidated HMS Fishery Management Plan (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.
    Currently, baseline quotas for North and South Atlantic swordfish 
are 2,937.6 metric tons (mt) dressed weight (dw) for the North Atlantic 
and 90.2 mt dw for the South Atlantic. Baseline quotas for the United 
States are established by implementing recommendations from the 
International Commission for the Conservation of Atlantic Tunas, or 
ICCAT. Each fishing year, quotas are adjusted by carrying over the 
entire under harvest or deducting overharvest from the previous fishing 
year. Thus, the entire under harvest is added to the next year(s 
baseline quota. Finally, no additional quota has been added to the 
reserve category since it was created in 2002 and it continues to 
decrease each year because 18.8 mt dw is transferred to Canada annually 
from the reserve.
    On June 18, 2007 (72 FR 33436), NMFS published a proposed rule that 
examined alternatives for implementing 2006 ICCAT recommendations 06-02 
and 06-03. Among the topics explored in the alternatives were North and 
South Atlantic swordfish quotas and underharvest carryovers, as well as 
alternatives exploring mechanisms for a permissible 15 percent North 
Atlantic baseline quota transfer to other CPCs with TAC allocations. 
Information regarding these alternatives was provided in the preamble 
of the proposed rule and is not repeated here.

Final Quotas, Underharvest Carryover Caps, and Transfer Allocation for 
North and South Atlantic Swordfish

    The final 2007 and 2008 baseline quotas for North and South 
Atlantic swordfish are 2,937.6 mt dw and 75.2 mt dw, respectively. In 
addition, final 2007 and 2008 carryover caps will be 50 percent of the 
original baseline allocation for the North Atlantic (1,468.8 mt dw) and 
100 percent of the original baseline allocation for the South Atlantic 
(75.2 mt dw). The 100 percent cap for the South Atlantic will also 
apply to 2006 carryover. The final mechanism for possible 15 percent 
transfer to other CPCs will be placement of 15 percent of the 2007 
North Atlantic baseline quota allocation (440.6 mt dw) into the 2007 
reserve category. The final North and South Atlantic 2007 and 2008 
swordfish quotas, carryover caps, and transfer mechanism to the North 
Atlantic reserve category are provided in Table 1. These baselines and 
carryovers will continue until ICCAT issues new recommendations for the 
United States. Both the North and South Atlantic swordfish fisheries 
are open unless closed per 50 CFR 635.28(c)(1).

[[Page 56930]]



  Table 1 -- Final North and South Atlantic Swordfish Baseline Quotas,
        Carryover Caps, and North Atlantic Reserve Category Quota
North Atlantic     2006               2007              2008
 Swordfish Quota
 (mt dw)
------------------------------------------------------------------------
Directed Quota     2,554.9            2,114.3           2,133.1
------------------------------------------------------------------------
Incidental Quota   300.0              300.0             300.0
------------------------------------------------------------------------
Reserve Quota      82.7               523.3             504.5
������������������������������������������������������������������������
Baseline Quota     2,937.6            2,937.6           2,937.6
------------------------------------------------------------------------
Carryover Cap      no cap             1,468.8           1,468.8
------------------------------------------------------------------------
South Atlantic     2006               2007              2008
 Swordfish Quota
 (mt dw)
------------------------------------------------------------------------
Baseline Quota     90.2               75.2              75.2
------------------------------------------------------------------------
Carryover Cap      75.2               75.2              75.2
------------------------------------------------------------------------

Final Addition to Atlantic HMS Angling or Atlantic HMS Charter/Headboat 
Category 24 hour reporting requirement

    NMFS will include the option of an internet website as an 
additional method for complying with the Atlantic HMS Angling or 
Atlantic HMS Charter/Headboat category(s 24 hour reporting requirement. 
Previously, reporting was by telephone only.

Response To Comments

    NMFS conducted three public hearings to receive comments on the 
proposed rule. The comment period ended on July 18, 2007. Comments on 
the proposed rule (June 18, 2007; 72 FR 33436) are summarized below, 
together with NMFS' responses.
    Comment 1: NMFS received several comments in support of the 
addition of an internet reporting option for the HMS angling and 
charter/headboat 24 hour reporting requirement. Comments noted that 
reporting a landing using the internet is very helpful, easy, and is 
less frustrating than calling in a landing.
    Response: NMFS will implement the internet option for the HMS 
angling and charter/headboat 24 hour reporting requirement to provide 
fishermen with more flexibility in satisfying the requirement. Those 
who prefer to report by phone may still do so, and those that prefer 
reporting by internet may choose that option in lieu of telephone 
reporting.
    Comment 2: NMFS received several comments in support of the 
preferred alternative 1b, following ICCAT recommendations for quotas 
and underharvest carryover caps.
    Response: Implementation of alternative 1b will establish baseline 
quotas and carryover caps consistent with ICCAT recommendations 06-02 
and 06-03 and the Atlantic Tunas Convention Act.
    Comment 3: NMFS received comments in support of preferred 
alternative 2b, which will introduce the transfer provision in ICCAT 
recommendation 06-02 by transfering 15 percent of the 2007 North 
Atlantic swordfish U.S. baseline quota (440.6 mt dw) into the reserve 
category which would allow it to be transferred to other CPCs with TAC 
allocations. Additionally, NMFS received a comment opposing preferred 
alternative 2b, which will transfer 15 percent of the 2007 North 
Atlantic swordfish U.S. baseline quota (440.6 mt dw) into the reserve 
category which would allow it to be transferred to another CPC. This 
comment favored alternative 2c, which would take the allowable 15 
percent transfer (if it were to be made) to another CPC from the 
directed quota at the time of request.
    Response: NMFS will implement alternative 2b in order to replenish 
a reserve quota that has not been increased since its creation in 2002 
and also to create a reliable directed fishery quota at the start of a 
given fishing season. If alternative 2c were implemented, a 15 percent 
transfer (if it were made) out of the directed quota would not allow 
swordfish vessel owners and directed permit holders to adequately plan 
for the upcoming fishing year due to sudden directed quota loss.
    Comment 4: NMFS received several comments stating that, if NMFS 
eventually decides to transfer 15 percent of the North Atlantic 
swordfish quota to one or more CPCs, NMFS should choose a transfer to 
Canada over a transfer to Mexico. These statements were due to the 
belief that Canada(s fishing practices are more environmentally 
friendly than those of Mexico. In addition, NMFS received a comment 
opposing any transfer of quota to a CPC at this time.
    Response: NMFS has not, at this time, decided to transfer 15 
percent of the North Atlantic swordfish quota to any given CPC. If 
requested in the future, NMFS would consider implementing the transfer 
under a separate action. Such an action would consider the ecological 
and economic impacts of transferring quota to that CPC. This is 
consistent with ICCAT recommendation 06-02 regarding quota transfer to 
another CPC, which states that a country which decides to implement the 
15 percent quota transfer may do so consistent with domestic 
obligations and conservation considerations.
    Comment 5: NMFS received comments that Canadian fishermen undergo 
feast or famine practices in order to catch their full quota at the end 
of the summer, which drops the U.S. catch. These comments stated that 
it would be better if NMFS could give Canada the 18.8 mt dw annual 
transfer a little at a time in order to spread their landings out and 
prevent these feast or famine practices.
    Response: Under recommendation 06-02, ICCAT provides Canada 18.8 mt 
dw annually from the U.S. baseline quota. That transfer is for Canada 
to use as it sees fit. This rulemaking will not modify the 18.8 mt dw 
annual transfer to Canada nor influence Canadian fishing practices.

Changes to the Proposed Rule

    NMFS did not make any changes from the June 18, 2007, proposed rule 
(72 FR 33436).

Classification

    NMFS has determined that this action is consistent with the 
conservation goals of ICCAT, the Magnuson-Stevens Act, ATCA, the 
Consolidated HMS FMP, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    In compliance with section 604 of the Regulatory Flexibility Act, a 
Final Regulatory Flexibility Analysis (FRFA) was prepared for this 
rule. The FRFA analyzes the anticipated economic impacts of the 
preferred actions and any significant alternatives to the final rule 
that could minimize economic impacts on small entities. Each of the 
statutory requirements of Section 604 of the Regulatory Flexibility Act 
has been addressed, and a summary of the FRFA is below. The full FRFA 
and analysis of economic and ecological impacts, are available from 
NMFS (see ADDRESSES).
    Section 604(a)(1) of the Regulatory Flexibility Act requires the 
Agency to state the objective and need for the rule. The objective of 
this rule is, consistent with the Magnuson-Stevens Act and the Atlantic 
Tunas Convention Act, to comply with ICCAT recommendations

[[Page 56931]]

in establishing U.S. quotas, capping the amount of carryover from 2006 
for both North and South Atlantic swordfish, and establishing a 
mechanism for transferring up to 15 percent of the U.S. swordfish 
allocation to other ICCAT CPCs. NMFS needs to implement this action in 
order to comply with ICCAT recommendations and the ATCA.
    Section 604(a)(2) of the Regulatory Flexibility Act requires the 
Agency to summarize significant issues raised by the public comment in 
response to the Initial Regulatory Flexibility Analysis (IRFA), a 
summary of the Agency(s assessment of such issues, and a statement of 
any changes made as a result of the comments. The IRFA was done as part 
of the draft EA for the proposed rule of this action. NMFS did not 
receive any comments specific to the IRFA or the economic impacts of 
the proposed alternatives.
    Section 604(a)(3) of the Regulatory Flexibility Act requires the 
Agency to describe and provide an estimate of the number of small 
entities to which the rule will apply. This rule could directly affect 
commercial and recreational swordfish fishermen in the Atlantic Ocean 
in the United States. The commercial swordfish fishery is composed of 
fishermen who hold a swordfish directed, incidental, or handgear 
limited access permit, all of which NMFS considers to be small 
entities. There are also related industries including processors, bait 
houses, and equipment suppliers, but these industries are not directly 
affected by this rule. As of February 2006, there were 365 commercial 
swordfish permit holders for directed, incidental, and handgear 
permits. Also as of February 2006, there were 25,238 HMS angling permit 
holders who could land swordfish recreationally (i.e., not for profit), 
and 4,173 charter/headboat permit holders authorized to land swordfish. 
More information regarding the numbers of small entities involved in 
the swordfish fishery can be found in Chapter 6 of the EA (see 
ADDRESSES).
    Section 604(a)(4) of the Regulatory Flexibility Act requires the 
Agency to describe the projected reporting, recordkeeping, and other 
compliance requirements of the final rule, including an estimate of the 
classes of small entities which would be subject to the requirements of 
the report or record. None of the alternatives considered for this 
final rule would result in additional reporting, recordkeeping, and 
compliance requirements.
    Section 604(a)(5) of the Regulatory Flexibility Act requires the 
Agency to describe the steps taken to minimize the significant economic 
impact on small entities consistent with the stated objectives and 
applicable statutes. Additionally, the Regulatory Flexibility Act (5 
U.S.C. 603(c)(1)-(4)) lists four general categories of ``significant'' 
alternatives that would assist an agency in the development of 
significant alternatives. These categories of alternatives are: (1) 
establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) clarification, consolidation, or simplification of 
compliance and reporting requirements under the rule for such small 
entities; (3) use of performance rather than design standards; and (4) 
exemptions from coverage for small entities.
    NMFS considers all permit holders in the swordfish fishery to be 
small entities. In order to meet the objectives of this final rule, 
consistent with the Magunson-Stevens Act and ATCA, NMFS cannot exempt 
small entities or change the reporting requirements only for small 
entities. Thus, there are no alternatives discussed that fall under the 
first and fourth categories described above. In addition, none of the 
alternatives considered would result in additional reporting or 
compliance requirements (category two above). NMFS does not know of any 
performance or design standards that would satisfy the aforementioned 
objectives of this rulemaking while, concurrently, complying with the 
Magnuson-Stevens Act and ATCA. As described below, NMFS analyzed five 
different alternatives in this final rulemaking and provides 
justification for selection of the preferred alternative to achieve the 
desired objective.
    The alternatives included: maintaining current baseline quotas for 
North and South Atlantic swordfish (alternative 1a, no action), 
implementing North and South Atlantic swordfish quotas and underharvest 
provisions as outlined in ICCAT recommendations 06-02 and 06-03 
(alternative 1b), allocating no additional swordfish quota to the 
reserve category (alternative 2a, no action), transferring 15 percent 
(440.6 mt dw) of the 2007 baseline North Atlantic swordfish allocation 
to the reserve category (alternative 2b), and establishing procedures 
for possible implementation of the transfer provision outlined in ICCAT 
recommendation 06-02 (alternative 2c). Implementing North and South 
Atlantic swordfish quotas and underharvest provisions as outlined in 
ICCAT recommendations 06-02 and 06-03 (alternative 1b) and transferring 
15 percent (440.6 mt dw) of the 2007 baseline North Atlantic swordfish 
allocation to the reserve category (alternative 2b) are the preferred 
alternatives.

Alternatives Considered for Quotas and Underharvest Carryovers

    Alternative 1a is considered the no action alternative since it 
would maintain existing baseline quotas for North and South Atlantic 
swordfish, as well as carryover entire underharvests in future fishing 
years (e.g., 2007 and beyond). This alternative is not preferred 
because it would fail to comply with international obligations under 
ICCAT and ATCA.
    Maintaining existing baseline quotas would fail to decrease the 
South Atlantic recommended baseline quota from 90.2 mt dw to 75.2 mt 
dw. Furthermore, failing to cap overharvests consistent with ICCAT 
recommendations 06-02 and 06-03 would result in carryover that would 
more than double what is recommended by ICCAT.
    Alternative 1b, the preferred alternative, which will implement 
North and South Atlantic swordfish quotas and underharvest provisions 
as outlined in ICCAT recommendations 06-02 and 06-03, complies with 
ICCAT recommendations. North Atlantic underharvest carryover will be 
capped at 50 percent of the 2007 and 2008 baseline quota allocations 
(1,468.8 mt dw). South Atlantic underharvest carryover will be capped 
at 100 percent of the 2007 and 2008 baseline quota allocations (75.2 mt 
dw) and South Atlantic underharvest carryover for 2006 will be capped 
at 100 mt ww (75.2 mt dw). In addition, alternative 2b will allow for 
2,022.56 mt dw of the U.S. 2005 North Atlantic underharvest to be 
redistributed among other CPCs in 2007 (1,011.28 mt dw) and 2008 
(1,011.28 mt dw), consistent with ICCAT recommendation 06-02.
    By applying caps and baseline quotas in ICCAT recommendations 06-02 
and 06-03 for 2007, prices for fully realized quota harvests can be 
calculated in order to compare the application of alternative 1a versus 
1b. Application of alternative 1b versus 1a may result in a loss of 
$45.3 million for the North Atlantic swordfish fishery in 2007 if 
harvests are fully realized. Application of alternative 1b versus 1a 
may result in a loss of $0.14 million for the South Atlantic swordfish 
fishery in 2007 if harvests are fully realized. However, baseline 
quotas for the North and South Atlantic have not been fully realized in 
recent years. The pelagic longline fleet has not caught the entire U.S. 
swordfish quota, causing significant amounts of swordfish quota to be 
carried over in

[[Page 56932]]

past fishing years. For example, the amount of total underharvest in 
the North Atlantic during years 2004-2006 was 3,528.8 mt dw, 4,806.1 mt 
dw, and 6,905.9 mt dw, respectively. In recent years, there have been 
no landings of swordfish in the South Atlantic. A reduction in the 
growth of underharvest carryovers, and the June 7, 2007, final rule (72 
FR 31688) to help revitalize the swordfish industry, would increase the 
ability of the vessel owners and permit holders in the pelagic longline 
fleet to catch their full quota. In conclusion, maintaining the North 
Atlantic baseline quota, decreasing the South Atlantic baseline quota, 
and capping underharvest carryovers in both swordfish fisheries would 
not have adverse impacts on a large number of small entities.

Alternatives Considered for Quota Transfers

    Alternative 2a is considered the no action alternative since it 
would maintain the reserve category whereby no new quota allocations 
would replenish the reserve. This alternative is not preferred because 
the 18.8 mt dw per year transfer to Canada would eventually deplete the 
reserve. Consistent with Sec.  635.27(c)(1)(i)(D), the reserve has four 
stated uses. Quota in the reserve category may be used for inseason 
adjustments to other fishing categories, to compensate for projected or 
actual overharvest in any category, for fishery independent research, 
or for other purposes consistent with management objectives. The status 
quo alternative does not create any new economic burdens on the North 
Atlantic commercial swordfish fishery, however, if the reserve were to 
be completely depleted in future fishing years, its four stated uses 
could not be implemented. For example, other swordfish quota categories 
could not be supplemented through transfers from the reserve, 
overharvests could not be covered, and valuable data could not be 
obtained by using quota for fishery independent research.
    Alternative 2b, the preferred alternative, will transfer 15 percent 
(440.6 mt dw) of the 2007 baseline U.S. North Atlantic swordfish 
allocation to the reserve category. This will replenish the reserve and 
make it available for its four stated uses.
    Alternative 2c would establish procedures for possible 
implementation of the transfer provision outlined in the 2006 ICCAT 
recommendation 06-02 to handle transfer requests or offers by other 
CPCs. This alternative differs from alternative 2b in that 2c would not 
place 15 percent of the North Atlantic baseline quota directly into the 
reserve. Rather, if the situation arose for a needed transfer, a 
transfer of up to 15 percent would be made from the directed quota 
category.
    Alternative 2b is preferred over 2c because placing 15 percent of 
the North Atlantic baseline quota directly into the reserve would 
replenish the reserve and also create a reliable directed fishery quota 
at the start of a given fishing season. If 2c were implemented, a 15 
percent transfer (if it were made) out of the directed quota may not 
allow the fishery to adequately prepare for the upcoming year, since 
the directed quota would suddenly decrease during a season in which a 
transfer might be made. The industry might prepare and purchase such 
things as equipment for an upcoming season and lose revenue due to this 
quota reduction.
    Alternative 2b would replenish a reserve that would otherwise 
become depleted in future fishing years through the annual 18.8 mt dw 
transfer to Canada. This creates four options (previously mentioned) 
for use of the 15 percent (440.6 mt dw) allocated reserve quota. 
Placing 15 percent of the 2007 and 2008 baseline quota directly into 
the reserve would provide for a directed fishery quota that would not 
be reduced due to an in-season transfer, as well as provide opportunity 
to cover other U.S. North Atlantic swordfish quota categories should 
the situation arise.
    Implementing alternative 2b, transferring 15 percent of the U.S. 
baseline quota to the reserve, amounts to 3,601.9 mt dw for the North 
Atlantic directed swordfish fishery and 504.5 mt dw for the reserve 
during the 2007 fishing year. If alternative 2b is not implemented, the 
North Atlantic directed swordfish fishery would have a larger quota of 
4,042.5 mt dw and a smaller reserve of 63.9 mt dw. The implementation 
of alternative 2b would therefore result in a potential loss in revenue 
of $3.7 million to the North Atlantic directed swordfish fishery when 
compared to the status quo. However, NMFS does not expect fishing 
effort to increase in the short term to the extent that this loss would 
be realized. U.S. fishermen have not caught their full swordfish quota 
since 2000, resulting in large underharvest carryovers which, in turn, 
made for large adjusted quotas. Therefore, NMFS believes that the caps, 
and the June 7, 2007, final rule (72 FR 31688) to revitalize the 
swordfish industry, would help the fishery harvest the swordfish quota 
without the large carryovers which have occurred in the past. 
Furthermore, as previously stated, one of the four possible uses of the 
reserve would be to transfer quota back to the directed swordfish 
category if needed, which may also prevent this potential economic loss 
from being realized. Therefore, alternative 2b is preferred over 2c 
because it minimizes any economic impact and complies with 
international obligations.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Management, Reporting and recordkeeping 
requirements, Treaties.

    Dated: October 1, 2007.
Samuel D. Rauch III
Deputy Assistant Administrator for Regulatory Programs,National Marine 
Fisheries Service.

0
For the reasons set out in the preamble, 50 CFR part 635 is amended as 
follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

0
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.

0
2. In Sec.  635.5, paragraph (c)(2) is revised to read as follows:


Sec.  635.5  Recordkeeping and reporting.

* * * * *
    (c) * * *
    (2) The owner, or the owner(s designee, of a vessel permitted, or 
required to be permitted, in the Atlantic HMS Angling or Atlantic HMS 
Charter/Headboat category must report all non-tournament landings of 
Atlantic blue marlin, Atlantic white marlin, and Atlantic sailfish, and 
all non-tournament and non-commercial landings of North Atlantic 
swordfish to NMFS by telephone to a number designated by NMFS, or 
electronically via the internet to an internet website designated by 
NMFS, or by other means as specified by NMFS, within 24 hours of that 
landing. For telephone landing reports, the owner, or the owner(s 
designee, must provide a contact phone number so that a NMFS designee 
can call the vessel owner, or the owner(s designee, for follow up 
questions and to confirm the reported landing. Regardless of how 
submitted, landing reports submitted to NMFS are not complete unless 
the vessel owner, or the owner(s designee, has received a confirmation 
number from NMFS or a NMFS designee.
* * * * *
0
3. In Sec.  635.27, paragraphs (c)(1)(i)(A) and (D), (c)(1)(ii), and 
(c)(3)(i) and (ii) are revised to read as follows:

[[Page 56933]]

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 or is 
required to be 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. After December 31, 2007, the 
annual quota is subdivided into two equal semi-annual quotas of 1,468.8 
mt dw: one for January 1 through June 30, and the other for July 1 
through December 31.
* * * * *
    (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, for transfer to another 
ICCAT contracting party, or for other purposes consistent with 
management objectives.
* * * * *
    (ii) South Atlantic Swordfish. The annual directed fishery quota 
for the South Atlantic swordfish stock is 75.2 mt dw. After December 
31, 2007, the annual quota is subdivided into two equal semi-annual 
quotas of 37.6 mt dw: one for January 1 through June 30, and the other 
for July 1 through December 31. The entire quota for the South Atlantic 
swordfish stock is reserved for vessels with pelagic longline gear 
onboard and that have been issued a directed fishery permit for 
swordfish. No person may retain swordfish caught incidental to other 
fishing activities or with other fishing gear in the Atlantic Ocean 
south of 5 degrees North latitude.
* * * * *
    (3) * * *
    (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 Consolidated 
Highly Migratory Species Fishery Management Plan.
    (ii) If consistent with applicable ICCAT recommendations, total 
landings above or below the specific North Atlantic or South Atlantic 
swordfish annual quota will 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. Carryover adjustments for the North 
Atlantic shall be limited to 50 percent of the baseline quota 
allocation for that year. Carryover adjustments for the South Atlantic 
shall be limited to 100 mt ww (75.2 mt dw) for that year. 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 any adjustment or 
apportionment made under this paragraph.
* * * * *
0
4. In Sec.  635.28, paragraph (c)(2) is revised to read as follows:


Sec.  635.28  Closures.

* * * * *
    (c) * * *
    (2) Incidental catch closure. When the annual incidental catch 
quota specified in Sec.  635.27(c)(1)(i) is reached, or is projected to 
be reached, NMFS will file with the Office of the Federal Register for 
publication notification of closure. From the effective date and time 
of such notification until additional incidental catch quota becomes 
available, no swordfish may be landed in an Atlantic coastal state, or 
be possessed or sold in or from the Atlantic Ocean north of 5[deg] N. 
lat. unless the directed fishery is open and the appropriate permits 
have been issued to the vessel. In the event of a directed and 
incidental North Atlantic swordfish category closure, South Atlantic 
swordfish may be possessed in the Atlantic Ocean north of 5[deg] N. 
lat. and/or landed in an Atlantic coastal state on a vessel with 
longline gear onboard, provided that the harvesting vessel does not 
fish on that trip in the Atlantic Ocean north of 5[deg] N. lat., the 
fish were taken legally from waters of the Atlantic Ocean south of 
5[deg] N. lat., and the harvesting vessel reports positions with a 
vessel monitoring system as specified in Sec.  635.69.
[FR Doc. E7-19715 Filed 10-4-07; 8:45 am]
BILLING CODE 3510-22-S