[Federal Register Volume 83, Number 127 (Monday, July 2, 2018)]
[Rules and Regulations]
[Pages 30884-30887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14116]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 120627194-3657-02]
RIN 0648-XG167
Atlantic Highly Migratory Species; North Atlantic Swordfish
Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule.
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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 2018 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 (either two or three fish) 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, as discussed in more
detail below. These adjustments apply to SWO General Commercial
permitted vessels and to Highly Migratory Species (HMS) Charter/
Headboat permitted vessels with a commercial endorsement 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 July 1, 2018, through December 31, 2018.
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
catching swordfish recreationally, and a reserve category, according to
the allocations established in the 2006 Consolidated Atlantic Highly
Migratory Species Fishery Management Plan (2006 Consolidated Atlantic
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.
In 2017, ICCAT Recommendation 17-02 specified that the overall
North Atlantic swordfish total allowable catch (TAC) be set at 9,925
metric tons (mt) dressed weight (dw) (13,200 mt whole weight (ww))
through 2021. Consistent with scientific advice, this was a reduction
of 500 mt ww (375.9 mt dw) from previous ICCAT-recommended TACs.
However, of this TAC, the United States' baseline quota remained at
2,937.6 mt dw (3,907 mt ww) per year. The Recommendation (17-02) also
continued to limit underharvest
[[Page 30885]]
carryover to 15 percent of a contracting party's baseline quota. Thus,
the United States may carry over a maximum of 440.6 mt dw (586.0 mt ww)
of underharvest. Absent adjustments, the codified baseline quota is
2,937.6 mt dw for 2018. At this time, given the extent of underharvest
in 2017, NMFS anticipates carrying over the maximum allowable 15
percent (440.6 mt dw), which would result in a final adjusted North
Atlantic swordfish quota for the 2018 fishing year equal to 3,378.2 mt
dw (2,937.6 + 440.6 = 3,378.2 mt dw). As in past years we anticipate
allocating 50 mt dw from the adjusted quota to the Reserve category for
inseason adjustments/research and allocating 300 mt dw to the
Incidental category, which includes recreational landings and landings
by incidental swordfish permit holders, consistent with Sec.
635.27(c)(1)(i)(D) and (B). This would result in an adjusted quota of
3,028.2 mt dw for the directed fishery, which would be split equally
(1,514.1 mt dw) between the two semi-annual periods in 2018 (January
through June, and July through December). Landings attributable to the
Swordfish General Commercial permit will count against the applicable
semi-annual directed fishery quota.
Adjustment of SWO General Commercial Permit Vessel Retention Limits
The 2018 North Atlantic swordfish fishing year, which is managed on
a calendar-year basis and divided into two equal semi-annual quotas for
the directed fishery, began on January 1, 2018. 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 with a commercial endorsement 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: (A) The usefulness of information
obtained from biological sampling and monitoring of the North Atlantic
swordfish stock; (B) the estimated ability of vessels participating in
the fishery to land the amount of swordfish quota available before the
end of the fishing year; (C) the estimated amounts by which quotas for
other categories of the fishery might be exceeded; (D) effects of the
adjustment on accomplishing the objectives of the fishery management
plan and its amendments; (E) variations in seasonal distribution,
abundance, or migration patterns of swordfish; (F) 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, (G) 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 2018 North Atlantic
swordfish fishing year. We have determined that the SWO General
Commercial permit 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 with a
commercial endorsement (when on a non for-hire trip) should be
increased from the default levels that would otherwise automatically
become effective on July 1, 2018, to six swordfish per vessel per trip
from July 1 through December 31, 2018, unless otherwise later noticed.
These are the same limits that were made effective through an inseason
adjustment for the period January 1 through June 30, 2018 (82 FR
58761). Given the rebuilt status of the stock and the availability of
quota, increasing the Swordfish General Commercial permit retention
limits in three regions to six fish per vessel per trip will increase
the likelihood that directed swordfish landings will approach, but not
exceed, the available annual swordfish quota, and increase the
opportunity for catching swordfish during the 2018 fishing year.
Last year, a six swordfish per vessel trip limit was in effect for
Swordfish General Commercial permit holders in the Northwest Atlantic,
Gulf of Mexico, and U.S. Caribbean regions for the entire 2017 fishing
season. This limit resulted in total annual directed swordfish landings
of approximately 901.0 mt dw, or 29.9 percent of the 3,009.4 mt dw
annual adjusted directed quota for 2017. With a six fish retention
limit in effect during the first semi-annual directed quota period in
2018, total directed swordfish landings through April 30, 2018, are
approximately 209.6 mt dw, or 15.9 percent of the 1,318.8 mt dw semi-
annual baseline directed swordfish quota.
Among the regulatory criteria for inseason adjustments to retention
limits, and given the rebuilt status of the stock and availability of
quota, is the requirement that NMFS consider the ``effects of the
adjustment on accomplishing the objectives of the fishery management
plan and its amendments.'' See Sec. 635.24(b)(4)(iv)(D). One
consideration in deciding whether to increase the retention limit, in
this case, is the objective of providing opportunities to harvest the
full North Atlantic directed swordfish quota without exceeding it based
upon the 2006 Consolidated Atlantic 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''. This action
will help preserve a traditional swordfish handgear fishery (rod and
reel, handline, harpoon, bandit gear, and greenstick). Although this
action does not specifically provide recreational fishing
opportunities, it will have a minimal impact on the recreational sector
because recreational landings are counted against a separate incidental
swordfish quota.
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. See Sec.
635.24(b)(4)(iv)(A). Regarding the estimated ability of vessels
participating in the fishery to land the amount of swordfish quota
available before the end of the fishing year, Sec.
635.24(b)(4)(iv)(B), NMFS reviewed accurate and timely electronic
dealer landings data, which indicates that sufficient directed
swordfish quota will be available for the July through December 2018
semi-
[[Page 30886]]
annual quota period if recent swordfish landing trends continue. 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 in 2018. Based upon recent landings rates from dealer reports,
an increase in the vessel retention limits to six fish for Swordfish
General Commercial permit holders in three regions is not likely to
cause quotas for other categories of the fishery to be exceeded. See
Sec. 635.24(b)(4)(iv)(C). Similarly, regarding the criteria about 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, Sec. 635.24(b)(4)(iv)(F), we expect there to
be sufficient swordfish quota for the entirety of the 2018 fishing
year, and thus increased catch rates in these three regions as a result
of this action would not be expected to preclude vessels in the other
region (e.g., the buoy gear fishery in the Florida SWO Management Area)
from having a reasonable opportunity to harvest a portion of the
overall swordfish quota.
In making adjustments to the retention limits NMFS must also
consider variations in seasonal distribution, abundance, or migration
patterns of swordfish, and the availability of swordfish on the fishing
grounds. See Sec. 635.24(b)(4)(iv)(G). With regard to swordfish
abundance, the 2017 report by ICCAT's Standing Committee on Research
and Statistics indicated that the North Atlantic swordfish stock is not
overfished (B2015/Bmsy = 1.04), and overfishing
is not occurring (F2015/Fmsy = 0.78). Increasing
retention limits for the General Commercial directed fishery is not
expected to affect the swordfish stock status determination because any
additional landings would be within the ICCAT-recommended U.S. North
Atlantic swordfish quota allocation, which is consistent with
conservation and management measures to prevent overfishing on the
stock. Increasing opportunities by increasing retention limits from the
default levels beginning on July 1, 2018, 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.
Finally, another consideration, consistent with the FMP and its
amendments, is to continue to provide protection to important swordfish
juvenile areas and migratory corridors. Therefore, NMFS has determined
that the retention limit for the SWO General Commercial permit 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 Atlantic 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.
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 2018. This information indicates that
sufficient directed swordfish quota should be available from July 1
through December 31, 2018, at the higher retention levels, within the
limits of the scientifically-supported TAC and consistent with the
goals of the 2006 Consolidated Atlantic 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
2018 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 the 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 https://www.fisheries.noaa.gov/atlantic-highly-migratory-species/2018-atlantic-swordfish-landings-updates 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 Atlantic 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 of two or three fish to six
SWO per vessel per trip as discussed above is warranted, while
maintaining the default limit of zero-fish retention in the Florida SWO
Management Area. Analysis of available data shows that adjustment to
the swordfish retention limit from the default levels would result in
minimal risk 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 ``News and Announcements''
website at https://www.fisheries.noaa.gov/news-and-announcements
(filter by ``Atlantic Highly Migratory Species'' under ``Topic'').
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 with a
commercial endorsement that would otherwise have an opportunity to
harvest more than the otherwise applicable lower default retention
limits
[[Page 30887]]
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. Limiting opportunities to harvest available
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, 2018, to allow SWO General Commercial permit
holders and HMS Charter/Headboat permit holders with a commercial
endorsement to benefit from the adjustment during the relevant time
period, which could pass by for some fishermen, particularly in the
Northwest Atlantic region who have access to the fishery during a short
time period because of seasonal fish migration, if the action is
delayed for notice and public comment. Furthermore, the public was
given an opportunity to comment on the underlying rulemakings,
including the adoption of the North Atlantic swordfish U.S. quota, and
the retention limit adjustments in this action would not have any
additional effects or impacts since the retention limit does not affect
the overall quota. Thus, there would be little opportunity for
meaningful input and review with public comment on this action.
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: June 26, 2018.
Margo B. Schulze-Haugen,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-14116 Filed 6-27-18; 11:15 am]
BILLING CODE 3510-22-P