[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Rules and Regulations]
[Pages 91876-91878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30042]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 120627194-3657-02]
RIN 0648-XF062
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.
-----------------------------------------------------------------------
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 January through June of the 2017 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. These adjustments apply 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 from January 1, 2017, through June 30, 2017.
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) and implemented by the
United States 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.
ICCAT Recommendation 13-02 set the North Atlantic swordfish total
allowable catch (TAC) at 10,301 metric tons (mt) dressed weight (dw)
(13,700 mt whole weight (ww)) through 2016. Of this TAC, the United
States' baseline quota is 2,937.6 mt dw (3,907 mt ww) per year. The
Recommendation also included an 18.8 mt dw (25 mt ww) annual quota
transfer from the United States to Mauritania and limited underharvest
carryover to 15 percent of a contracting party's baseline quota. Thus,
the United States could carry over a maximum of 440.6 mt dw (586.0 mt
ww) of underharvest. A new Recommendation was adopted at the 2016 ICCAT
annual meeting, maintaining the provisions related to quota, the
transfer to Mauritania, and the carryover limit. Absent adjustments,
the codified baseline quota is 2,937 mt dw for the directed fishery in
2017, split equally (1,468.5 mt dw) between two semi-annual periods in
2017 (January through June, and July through December). We anticipate,
however, that the 2017 adjusted North Atlantic swordfish quota will be
3,359.4 mt dw (equivalent to the 2016 adjusted quota) when we adjust
the quota. At this time, given the extent of underharvest in 2016, we
anticipate again carrying over the maximum allowable 15 percent (440.6
mt dw) which, with the Mauritania transfer, would result in a final
adjusted North Atlantic swordfish quota for the 2017 fishing year equal
to that from last year 3,359.4 mt dw (2,937.6-18.8 + 440.6 = 3,359.4 mt
dw). Also as in past years, we anticipate allocating from the adjusted
quota, 50 mt dw to the Reserve category for inseason adjustments and
research, and 300 mt dw to the incidental category, which includes
recreational landings and landings by incidental swordfish permit
holders, per Sec. 635.27(c)(1)(i).
[[Page 91877]]
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 semi-
annual periods in 2017 (January through June, and July through
December).
Adjustment of SWO General Commercial Permit Vessel Retention Limits
The 2017 North Atlantic swordfish fishing year, which is managed on
a calendar-year basis and divided into two equal semi-annual quotas,
begins on January 1, 2017. 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 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 January through June of the 2017 North Atlantic
swordfish fishing year, and 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 January 1, 2017.
Among the regulatory criteria for inseason adjustments to retention
limits is the requirement that NMFS consider the ``effects of the
adjustment on accomplishing the objectives of the fishery management
plan and its amendments.'' Thus, a principal consideration in deciding
whether to increase the retention limit 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.'' Consistent with the FMP and its amendments, it is also
important for NMFS to continue to provide protection to important
swordfish juvenile areas and migratory corridors.
The regulatory criteria also require NMFS to 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. In
considering these criteria and their application here, NMFS examined
electronic dealer reports, which provide accurate and timely monitoring
of landings, and considered recent landing trends and information
obtained from biological sampling and monitoring of the North Atlantic
swordfish stock. A six swordfish per vessel per trip limit for SWO
General Commercial permit holders was in effect in the Northwest
Atlantic, Gulf of Mexico, and U.S. Caribbean regions for the entire
2016 fishing season as a result of actions adjusting those limits
upwards in January and July (80 FR 81770 and 81 FR 38966). Even with
these higher retention limits, directed swordfish landings for the
January through June 2016 semi-annual period were approximately 465.7
mt dw (30.9 percent of the adjusted directed sub-quota). Preliminary
2016 total annual directed swordfish landings through October 31, 2016,
are approximately 844.7 mt dw, or 28.1 percent of the 3,009.4 mt dw
annual adjusted directed swordfish quota.
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 2017. This information indicates that
sufficient directed swordfish quota should be available from January 1
through June 30, 2017, at the higher retention levels, within the
limits of the scientifically-supported TAC and consistent with the
goals of the FMP.
The regulatory criteria for inseason adjustments also require us to
consider the estimated amounts by which quotas for other categories of
the fishery might be exceeded. 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 as the directed category
quota has been significantly underharvested in recent years and
landings trends are not expected to vary significantly in 2017.
Similarly, regarding the criteria that NMFS consider 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 2017, and thus increased catch rates in these three regions would
not be expected to preclude vessels in the other region (the Florida
SWO Management Area) from having a reasonable opportunity to harvest a
portion of the overall swordfish quota. This issue is largely moot,
however, because the retention limit in the Florida Swordfish
Management Area is set at zero for biological and ecological reasons
related to the stock, as discussed below.)
Finally, in making adjustments to the retention limits NMFS must
consider variations in seasonal distribution, abundance, or migration
patterns of swordfish, and the availability of swordfish on the fishing
grounds. With regard to swordfish abundance, the 2016 report by ICCAT's
Standing Committee on Research and Statistics indicated that the North
Atlantic swordfish stock is
[[Page 91878]]
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 within the established overall U.S. North
Atlantic swordfish quota allocation recommended by ICCAT. Increasing
opportunity beginning on January 1, 2017, is also important because of
the migratory nature and seasonal distribution 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.
NMFS also 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 discussed above, NMFS considered consistency with the
2006 HMS FMP and its amendments and the importance for NMFS to continue
to provide protection to important swordfish juvenile areas and
migratory corridors. As described in Amendment 8 to the 2006
Consolidated HMS FMP (78 FR 52012), 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. This action therefore
maintains a zero-fish retention limit in the Florida Swordfish
Management Area.
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
2017 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 SWO General Commercial permit retention limits from
the default levels as discussed above is warranted, except that it
maintains a zero-fish retention limit in the Florida SWO Management
Area. 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 and unnecessarily 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 January 1, 2017, the
start of the first 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 January 1,
2017, 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, particularly
in the Gulf of Mexico and U.S. Caribbean regions, 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 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: December 9, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2016-30042 Filed 12-16-16; 8:45 am]
BILLING CODE 3510-22-P