[Federal Register Volume 81, Number 115 (Wednesday, June 15, 2016)]
[Rules and Regulations]
[Pages 38966-38969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14068]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 120627194-3657-02]
RIN 0648-XE567
Atlantic Highly Migratory Species; North Atlantic Swordfish
Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; Swordfish General Commercial permit retention
limit inseason adjustment for the Northwest Atlantic, Gulf of Mexico,
and U.S. Caribbean regions.
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SUMMARY: NMFS is adjusting the Swordfish (SWO) General Commercial
permit retention limits for the Northwest Atlantic, Gulf of Mexico, and
U.S. Caribbean regions for July through December of the 2016 fishing
year, unless otherwise later noticed. The SWO General Commercial permit
retention limit in each of these regions is increased from the
regulatory default limits to six swordfish per vessel per trip. The SWO
General Commercial permit retention limit in the Florida SWO Management
Area will remain unchanged at the default limit of zero swordfish per
vessel per trip. This adjustment applies to SWO General Commercial
permitted vessels and Highly Migratory Species (HMS) Charter/Headboat
permitted vessels when on a non-for-hire trip. This action is based
upon consideration of the applicable inseason regional retention limit
adjustment criteria.
DATES: The adjusted SWO General Commercial permit retention limits in
the Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean regions are
effective July 1, 2016, through December 31, 2016.
FOR FURTHER INFORMATION CONTACT: Rick Pearson or Randy Blankinship,
727-824-5399.
SUPPLEMENTARY INFORMATION: Regulations implemented under the authority
of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of North
Atlantic swordfish by persons and vessels subject to U.S. jurisdiction
are found at 50 CFR part 635. Section 635.27 subdivides the U.S. North
Atlantic swordfish quota recommended by the International Commission
for the Conservation of Atlantic Tunas (ICCAT) into two equal semi-
annual directed fishery quotas, an annual incidental catch quota for
fishermen targeting other species or taking swordfish recreationally,
and a reserve category, according to the allocations established in the
2006 Consolidated Highly Migratory Species Fishery Management Plan
(2006 Consolidated HMS FMP) (71 FR 58058, October 2, 2006), as amended,
and in accordance with implementing regulations. NMFS is required under
ATCA and the Magnuson-Stevens Act to provide U.S. fishing vessels with
a reasonable opportunity to harvest the ICCAT-recommended quota.
The 2016 adjusted North Atlantic swordfish quota is expected to be
3,359.4 mt dw (equivalent to the 2015 adjusted quota). From the
adjusted quota, 50 mt dw would be allocated to the reserve category for
inseason adjustments and research, and 300 mt dw would be allocated to
the incidental category, which includes recreational landings and
landings by incidental swordfish permit holders, per Sec.
635.27(c)(1)(i). This would result in an allocation of 3,009.4 mt dw
for the directed fishery, which would be split equally (1,504.7 mt dw)
between two seasons in 2016 (January through June, and July through
December).
Adjustment of SWO General Commercial Permit Vessel Retention Limits
The 2016 North Atlantic swordfish fishing year, which is managed on
a calendar-year basis and divided into two equal semi-annual quotas,
began on January 1, 2016. Landings attributable to the SWO General
Commercial permit are counted against the applicable semi-annual
directed fishery quota. Regional default retention limits for this
permit have been established and are automatically effective from
January 1 through December 31 each year, unless changed based on the
inseason regional retention limit adjustment criteria at Sec.
635.24(b)(4)(iv). The default retention limits established for the SWO
General Commercial permit are: (1) Northwest Atlantic region--three
swordfish per vessel per trip; (2) Gulf of Mexico region--three
swordfish per vessel per trip; (3) U.S. Caribbean region--two swordfish
per vessel per trip; and, (4) Florida SWO Management Area--zero
swordfish per vessel per trip. The default retention limits apply to
SWO General Commercial permitted vessels and to HMS Charter/Headboat
permitted vessels when fishing on non for-hire
[[Page 38967]]
trips. As a condition of these permits, vessels may not possess,
retain, or land any more swordfish than is specified for the region in
which the vessel is located.
Under Sec. 635.24(b)(4)(iii), NMFS may increase or decrease the
SWO General Commercial permit vessel retention limit in any region
within a range from zero to a maximum of six swordfish per vessel per
trip. Any adjustments to the retention limits must be based upon a
consideration of the relevant criteria provided in Sec.
635.24(b)(4)(iv), which include: The usefulness of information obtained
from biological sampling and monitoring of the North Atlantic swordfish
stock; the estimated ability of vessels participating in the fishery to
land the amount of swordfish quota available before the end of the
fishing year; the estimated amounts by which quotas for other
categories of the fishery might be exceeded; effects of the adjustment
on accomplishing the objectives of the fishery management plan and its
amendments; variations in seasonal distribution, abundance, or
migration patterns of swordfish; effects of catch rates in one region
precluding vessels in another region from having a reasonable
opportunity to harvest a portion of the overall swordfish quota; and,
review of dealer reports, landing trends, and the availability of
swordfish on the fishing grounds.
NMFS has considered these criteria as discussed below and their
applicability to the SWO General Commercial permit retention limit in
all regions for July through December of the 2016 North Atlantic
swordfish fishing year. Last year, through June 30, 2015, with
application of the default retention limits, directed swordfish
landings were 493 mt dw (32.8 percent of the 1,505 mt dw January to
June semi-annual adjusted directed sub-quota). On July 28, 2015, NMFS
adjusted SWO General Commercial permit retention limits in the
Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean regions from
default levels to six swordfish per vessel per trip (80 FR 44884).
Through December 31, 2015, directed swordfish landings for the July
through December semi-annual period were approximately 659.9 mt dw
(43.9 percent of the adjusted directed sub-quota). Preliminary total
annual directed swordfish landings, through December 31, 2015, were
approximately 1,152.9 mt dw, or 38.3 percent of the 3,010 mt dw annual
adjusted directed swordfish quota. A six swordfish per vessel trip
limit for SWO General Commercial permit holders was maintained for the
period January 1, 2016, through June 30, 2016, in the Northwest
Atlantic, Gulf of Mexico, and U.S. Caribbean regions (80 FR 81770). As
of April 30, 2016, directed swordfish landings were 268.2 mt dw (or
17.8% of the anticipated 1,504.7 mt dw adjusted directed sub-quota).
Given that directed swordfish landings in 2015 fell well below the
adjusted 2015 annual quota, and that 2016 directed landings continue to
be below the anticipated 2016 annual swordfish quota, and considering
the regulatory criteria, NMFS has determined that the SWO General
Commercial permit vessel retention limits in the Northwest Atlantic,
Gulf of Mexico, and U.S. Caribbean regions applicable to persons issued
a SWO General Commercial permit or HMS Charter/Headboat permit (when on
a non for-hire trip) should be increased from the default levels that
would otherwise automatically become effective on July 1, 2016.
A principal consideration is the objective of providing
opportunities to harvest the full North Atlantic directed swordfish
quota without exceeding it based upon the 2006 Consolidated HMS FMP
goal to, consistent with other objectives of this FMP, ``manage
Atlantic HMS fisheries for continuing optimum yield so as to provide
the greatest overall benefit to the Nation, particularly with respect
to food production, providing recreational opportunities, preserving
traditional fisheries, and taking into account the protection of marine
ecosystems.'' At the same time, it is also important for NMFS to
continue to provide protection to important swordfish juvenile areas
and migratory corridors.
After considering all of the relevant criteria, NMFS has determined
that increases from the default limits are warranted. With respect to
the regulatory criteria, NMFS has examined dealer reports and landing
trends and determined that the information obtained from biological
sampling and monitoring of the North Atlantic swordfish stock is
useful. Recently implemented electronic dealer reporting provides
accurate and timely monitoring of landings. This information indicates
that sufficient directed swordfish quota will be available from July 1
through December 31, 2016, at the higher retention levels, if recent
swordfish landing trends continue. Regarding the regulatory criterion
that NMFS consider ``the estimated ability of vessels participating in
the fishery to land the amount of swordfish quota available before the
end of the fishing year,'' the directed swordfish quota has not been
harvested for several years and, based upon current landing trends, is
not likely to be harvested or exceeded during the remainder of 2016.
Based upon recent landings rates from dealer reports, an increase in
the vessel retention limit for SWO General Commercial permit holders is
not likely to cause quotas for other categories of the fishery to be
exceeded. Similarly, regarding the criteria that NMFS consider the
estimated amounts by which quotas for other categories of the fishery
might be exceeded and the effects of catch rates in one region
precluding vessels in another region from having a reasonable
opportunity to harvest a portion of the overall swordfish quota, NMFS
expects there to be sufficient swordfish quota for 2016, and thus
increased catch rates in these three regions are not expected to
preclude vessels in any of the other regions from having a reasonable
opportunity to harvest a portion of the overall swordfish quota.
Landings by vessels issued this permit (and Charter/Headboat permitted
vessels on a non for-hire trip) are counted against the adjusted
directed swordfish quota. As indicated above, this quota has not been
exceeded for several years and, based upon current landing trends, is
not likely to be exceeded during the remainder of 2016.
With regard to swordfish abundance, the 2015 report by ICCAT's
Standing Committee on Research and Statistics indicated that the North
Atlantic swordfish stock is not overfished (B2011/
Bmsy = 1.14), and overfishing is not occurring
(F2011/Fmsy = 0.82). Increasing the retention
limits for this U.S. handgear fishery is not expected to affect the
swordfish stock status determination because any additional landings
would be in compliance with the ICCAT recommended U.S. North Atlantic
swordfish quota allocation.
Based upon landings over the last several years, including 2016, it
is highly unlikely that either of the two semi-annual directed
swordfish subquotas would be harvested with the default retention
limits of three swordfish per vessel per trip (Northwest Atlantic and
Gulf of Mexico), and two swordfish per vessel per trip (U.S.
Caribbean). For the entire 2015 fishing year, 38.3 percent of the total
adjusted directed swordfish quota was harvested. Thus far, swordfish
landings in 2016 have been less than landings during the same period in
2015.
Increasing the swordfish General Commercial permit retention limits
to six fish per vessel per trip will increase the likelihood that
directed swordfish landings will approach, but not exceed, the total
annual directed swordfish quota. Increasing opportunity beginning on
July 1, 2016, is also important
[[Page 38968]]
because of the migratory nature and seasonal distribution of swordfish,
one of the regulatory criteria to be considered when changing the
retention limit inseason (variations in seasonal distribution,
abundance, or migration patterns of swordfish). In a particular
geographic region, or waters accessible from a particular port, the
amount of fishing opportunity for swordfish may be constrained by the
short amount of time the swordfish are present as they migrate. Dealer
reports for Swordfish General Commercial permitted vessels indicate
that swordfish are available from July through December in the
Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean regions.
Based upon these considerations, NMFS has determined that a six-
fish per vessel per trip swordfish General Commercial permit retention
limit is warranted in the Northwest Atlantic, Gulf of Mexico, and U.S.
Caribbean regions from July 1, 2016 through December 31, 2016, for
swordfish General Commercial permitted vessels and HMS Charter/Headboat
permitted vessels when on a non for-hire trip. This will provide a
reasonable opportunity to harvest the U.S. quota of swordfish without
exceeding it, while maintaining an equitable distribution of fishing
opportunities; help achieve optimum yield in the swordfish fishery;
allow for the collection of data for stock monitoring purposes; and be
consistent with the objectives of the 2006 Consolidated HMS FMP, as
amended. With regard to the objectives of the FMP, this adjustment
provides the greatest overall benefit to the Nation, particularly with
respect to food production, by increasing commercial swordfish fishing
opportunities without exceeding the available quota. It helps to
preserve a traditional swordfish handgear fishery (rod and reel,
handline, harpoon, bandit gear, and greenstick) which, in New England,
dates back to the 1880s. Although this action does not specifically
provide recreational fishing opportunities, it will have a minimal
impact on this sector because recreational landings are counted against
a separate incidental swordfish quota. Finally, as discussed in the
next paragraph, this action takes into account the protection of marine
ecosystems by maintaining a zero-fish retention limit in the Florida
Swordfish Management Area. Therefore, NMFS increases the swordfish
General Commercial permit retention limits from the default levels to
six swordfish per vessel per trip in these three regions, effective
from July 1, 2016 through December 31, 2016, unless otherwise noticed.
NMFS has determined that the retention limit will remain at zero
swordfish per vessel per trip in the Florida SWO Management Area at
this time. As described in Amendment 8 to the 2006 Consolidated HMS
FMP, the area off the southeastern coast of Florida, particularly the
Florida Straits, contains oceanographic features that make the area
biologically unique. It provides important juvenile swordfish habitat,
and is essentially a narrow migratory corridor containing high
concentrations of swordfish located in close proximity to high
concentrations of people who may fish for them. Public comment on
Amendment 8, including from the Florida Fish and Wildlife Conservation
Commission, indicated concern about the resultant high potential for
the improper rapid growth of a commercial fishery, increased catches of
undersized swordfish, the potential for larger numbers of fishermen in
the area, and the potential for crowding of fishermen, which could lead
to gear and user conflicts. These concerns remain valid. NMFS will
continue to collect information to evaluate the appropriateness of the
retention limit in the Florida SWO Management Area and other regional
retention limits.
These adjustments are consistent with the 2006 Consolidated HMS FMP
as amended, ATCA, and the Magnuson-Stevens Act, and are not expected to
negatively impact stock health.
Monitoring and Reporting
NMFS will continue to monitor the swordfish fishery closely during
2016 through mandatory landings and catch reports. Dealers are required
to submit landing reports and negative reports (if no swordfish were
purchased) on a weekly basis.
Depending upon the level of fishing effort and catch rates of
swordfish, NMFS may determine that additional retention limit
adjustments or closures are necessary to ensure that available quota is
not exceeded or to enhance fishing opportunities. Subsequent actions,
if any, will be published in the Federal Register. In addition,
fishermen may access http://www.nmfs.noaa.gov/sfa/hms/species/swordfish/landings/index.html for updates on quota monitoring.
Classification
The Assistant Administrator for NMFS (AA) finds that it is
impracticable and contrary to the public interest to provide prior
notice of, and an opportunity for public comment on, this action for
the following reasons:
The regulations implementing the 2006 Consolidated HMS FMP, as
amended, provide for inseason retention limit adjustments to respond to
changes in swordfish landings, the availability of swordfish on the
fishing grounds, the migratory nature of this species, and regional
variations in the fishery. Based on available swordfish quota, stock
abundance, fishery performance in recent years, and the availability of
swordfish on the fishing grounds, among other considerations,
adjustment to the swordfish General Commercial permit retention limits
from the default levels is warranted. Analysis of available data shows
that adjustment to the swordfish daily retention limit from the default
levels would result in minimal risks of exceeding the ICCAT-allocated
quota. NMFS provides notification of retention limit adjustments by
publishing the notice in the Federal Register, emailing individuals who
have subscribed to the Atlantic HMS News electronic newsletter, and
updating the information posted on the ``Atlantic HMS Breaking News''
Web site at http://www.nmfs.noaa.gov/sfa/hms/news/breaking_news.html.
Delays in temporarily increasing these retention limits caused by
the time required to publish a proposed rule and accept public comment
would adversely affect those SWO General Commercial permit holders and
HMS Charter/Headboat permit holders that would otherwise have an
opportunity to harvest more than the default retention limits of three
swordfish per vessel per trip in the Northwest Atlantic and Gulf of
Mexico regions, and two swordfish per vessel per trip in the U.S.
Caribbean region. Further, any delay beyond July 1, 2016, the start of
the second semi-annual directed fishing period, could exacerbate the
problem of low swordfish landings and subsequent quota rollovers.
Limited opportunities to harvest the directed swordfish quota may have
negative social and economic impacts for U.S. fishermen. Adjustment of
the retention limits needs to be effective on July 1, 2016, to allow
all of the affected sectors to benefit from the adjustment during the
relevant time period, which could pass by for some fishermen if the
action is delayed for notice and public comment, and to not preclude
fishing opportunities for fishermen who have access to the fishery
during a short time period because of seasonal fish migration.
Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive
prior notice and the opportunity for public
[[Page 38969]]
comment. For all of the above reasons, there is also good cause under 5
U.S.C. 553(d) to waive the 30-day delay in effectiveness.
This action is being taken under 50 CFR 635.24(b)(4) and is exempt
from review under Executive Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: June 9, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2016-14068 Filed 6-14-16; 8:45 am]
BILLING CODE 3510-22-P