Atlantic Highly Migratory Species; North and South Atlantic 2014 Commercial Swordfish Quotas, 49719-49721 [2014-19890]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 163 / Friday, August 22, 2014 / Rules and Regulations
Background
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 140207123–4657–02]
RIN 0648–BD96
Atlantic Highly Migratory Species;
North and South Atlantic 2014
Commercial Swordfish Quotas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule adjusts the
2014 fishing season quotas for North
and South Atlantic swordfish based
upon 2013 commercial quota
underharvests and international quota
transfers consistent with the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
Recommendations 13–02 and 13–03.
Additionally, this final rule modifies the
regulations to comply with upcoming
changes to the North Atlantic swordfish
underharvest carryover limits, which
become effective in 2015. This final rule
affects commercial and recreational
fishing for swordfish in the Atlantic
Ocean, including the Caribbean Sea and
Gulf of Mexico. This action implements
ICCAT recommendations, consistent
with the Atlantic Tunas Convention Act
(ATCA), and furthers domestic
management objectives under the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
DATES: Effective on September 21, 2014.
ADDRESSES: Copies of the supporting
documents—including the 2012
Environmental Assessment (EA),
Regulatory Impact Review (RIR), and
Final Regulatory Flexibility Analysis
(FRFA) for North Atlantic swordfish; the
2007 EA, RIR, and FRFA for South
Atlantic swordfish; and the 2006
Consolidated Highly Migratory Species
(HMS) Fishery Management Plan
(FMP)—are available from the HMS
Management Division Web site at
https://www.nmfs.noaa.gov/sfa/hms/ or
by contacting Alexis Jackson by phone
at 301–427–8503 or Steve Durkee by
phone at 202–670–6637.
FOR FURTHER INFORMATION CONTACT:
Alexis Jackson by phone at 301–427–
8503, Steve Durkee by phone at 202–
670–6637, or by fax: 301–713–1917.
SUPPLEMENTARY INFORMATION:
rmajette on DSK2TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:40 Aug 21, 2014
Jkt 232001
The U.S. North and South Atlantic
swordfish fisheries are managed under
the 2006 Consolidated HMS FMP.
Implementing regulations at 50 CFR part
635 are issued under the authority of the
Magnuson-Stevens Act, 16 U.S.C. 1801
et seq., and ATCA, 16 U.S.C. 971 et seq.
ATCA authorizes the Secretary of
Commerce (Secretary) to promulgate
regulations as may be necessary and
appropriate to implement ICCAT
recommendations.
For North Atlantic swordfish, this
final action maintains the U.S. baseline
quota of 2,937.6 metric tons (mt)
dressed weight (dw), implements an
ICCAT-recommended quota transfer of
18.8 mt dw from the United States to
Mauritania, and discontinues the 112.8
mt dw quota transfer to Morocco,
consistent with removal of the measure
in the ICCAT recommendation.
Additionally, this final rule modifies the
regulations to comply with the ICCATrecommended reduced underharvest
carryover limit, which becomes effective
in 2015 and thus will apply to any
underharvest accrued in 2014 and
beyond, pursuant to ICCAT
Recommendation 13–02. For South
Atlantic swordfish, this action
maintains the U.S. South Atlantic
swordfish quota at 75.2 mt dw (100 mt
whole weight (ww)), carries over 75.1
mt dw of 2013 underharvest, and
authorizes the transfer of 50 mt ww
(37.6 mt dw) to Namibia, 25 mt ww
ˆ
(18.8 mt dw) to Cote d’Ivoire, and 25 mt
ww (18.8 mt dw) to Belize, consistent
with ICCAT Recommendation 13–03.
Information regarding the quota
calculations can be found below.
Additional details regarding the quotas
and other actions in this rule and their
impacts can be found in the proposed
rule (79 FR 27553, May 14, 2014).
North Atlantic Swordfish Quota
Based on the 2013 ICCAT Standing
Committee on Research and Statistics
(SCRS) stock assessment, North Atlantic
swordfish are fully rebuilt and not
experiencing overfishing. At the 2013
ICCAT annual meeting,
Recommendation 13–02 was adopted,
maintaining the overall North Atlantic
swordfish total allowable catch (TAC) of
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. ICCAT
Recommendation 13–02 also includes
an 18.8 mt dw (25 mt ww) annual quota
transfer from the United States to
Mauritania, discontinues the 112.8 mt
dw quota transfer to Morocco,
PO 00000
Frm 00061
Fmt 4700
Sfmt 4700
49719
consistent with removal of the measure
in the ICCAT recommendation, and
limits allowable 2013 underharvest
carryover to 25 percent of a contracting
party’s baseline quota. Underharvest
accrued in 2014 and beyond is limited
to 15 percent of a contracting party’s
baseline quota. Therefore, the United
States may carry over a maximum of
734.4 mt dw (976.8 mt ww) of
underharvest from 2013 and add it to
the 2014 baseline quota. This final rule
adjusts the U.S. baseline quota for the
2014 fishing year to account for the
annual quota transfer to Mauritania and
the 2013 underharvest. Additionally,
this final rule modifies the regulations
to comply with the reduced
underharvest carryover limit, which
becomes effective in 2015 and thus will
apply to underharvest accrued in 2014
and beyond.
The 2014 North Atlantic swordfish
baseline quota is 2,937.6 mt dw (3,907
mt ww). The North Atlantic swordfish
underharvest for 2013 was 1,391.8 mt
dw (1,851.1 mt ww) which exceeds the
maximum carryover cap of 734.4 mt dw
(976.8 mt ww). This updated estimate,
while lower than that estimated in the
proposed rule, is still lower than the
maximum allowable underharvest
carryover. Thus, as proposed, NMFS is
carrying forward the same maximum
amount allowed per ICCAT
Recommendation 13–02. The baseline
quota would be reduced by the 18.8 mt
dw (25 mt ww) annual quota transfer to
Mauritania and increased by the
underharvest carryover maximum of
734.4 mt dw (976.8 mt ww), resulting in
an adjusted quota of 3,653.2 mt dw
(4,857.8 mt ww) for the 2014 fishing
year. From that final adjusted quota, per
§ 635.27(c)(1)(i), the directed category
quota of 3,303.2 mt dw (4,393.3 mt ww)
is split equally into two seasons
(January through June, and July through
December), the reserve category quota is
50 mt dw (66.5 mt ww), and the
incidental category quota, which
includes recreational landings and catch
by incidental swordfish permit holders,
is 300 mt dw (399 mt ww) (Table 1).
South Atlantic Swordfish Quota
In 2013, ICCAT Recommendation 13–
03 established the South Atlantic
swordfish TAC at 11,278.2 mt dw
(15,000 mt ww) for 2014, 2015, and
2016. Of this, the United States’ baseline
quota is 75.2 mt dw (100 mt ww).
ICCAT Recommendation 13–03 limits
the amount of South Atlantic swordfish
underharvest that can be carried
forward. For South Atlantic swordfish,
the United States may carry forward
underharvest up to 100 percent of its
baseline quota (75.2 mt dw).
E:\FR\FM\22AUR1.SGM
22AUR1
49720
Federal Register / Vol. 79, No. 163 / Friday, August 22, 2014 / Rules and Regulations
Recommendation 13–03 also included a
total of 75.2 mt dw (100 mt ww) of
quota transfers from the United States to
other countries. These transfers were
37.6 mt dw (50 mt ww) to Namibia, 18.8
ˆ
mt dw (25 mt ww) to Cote d’Ivoire, and
18.8 mt dw (25 mt ww) to Belize.
In 2013, U.S. fishermen landed 0.1 mt
dw of South Atlantic swordfish and
there were no dead discards. Therefore,
75.1 mt dw of underharvest is available
to be carried over to 2014 and added to
the baseline quota. That combined quota
will then be reduced by the 75.2 mt dw
of annual international quota transfers
outlined above, resulting in an adjusted
quota of 75.1 mt dw (100 mt ww) for
South Atlantic swordfish (see Table 1)
for 2014.
TABLE 1—2014 NORTH AND SOUTH ATLANTIC SWORDFISH QUOTAS
North Atlantic Swordfish Quota (mt dw)
2013
Baseline Quota ................................................................................................................................................................
International Quota Transfer ............................................................................................................................................
Total Underharvest from Previous Year + ........................................................................................................................
Underharvest Carryover from Previous Year + ................................................................................................................
Adjusted Quota ................................................................................................................................................................
Quota Allocation ...................................................................................................
Directed Category .........................
Incidental Category .......................
Reserve Category .........................
South Atlantic Swordfish Quota (mt dw)
2014
2,937.6
2,937.6
1 (¥)112.8
2 (¥)18.8
814.1
(+)734.4
3,559.2
1,391.8
(+)734.4
3,653.2
3,209.2
300
50
3,303.2
300
50
2013
Baseline Quota ................................................................................................................................................................
International Quota Transfers * ........................................................................................................................................
Total Underharvest from Previous Year + ........................................................................................................................
Underharvest Carryover from Previous Year + ................................................................................................................
Adjusted Quota ................................................................................................................................................................
2014
75.2
(¥)75.2
75.2
75.2
75.2
75.2
(¥)75.2
75.1
75.1
75.1
+ 2013 underharvest carryover is capped at 25 percent of the baseline quota allocation for the North Atlantic and 75.2 dw (100 mt ww) for the
South Atlantic. Starting in 2015, for the North Atlantic only, underharvest carryover will be capped at 15 percent of the baseline quota allocation.
* Under Recommendation 13–03, 100 mt ww of the U.S. underharvest and baseline quota was transferred to Namibia (37.6 mt dw, 50 mt ww),
ˆ
Cote d’Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25 mt ww).
1 To Morocco.
2 To Mauritania.
rmajette on DSK2TPTVN1PROD with RULES
Response to Comments
During the proposed rule comment
period, NMFS received two written
comments, one of which was directly
related to the proposed rule. A summary
of the relative comment on the proposed
rule is shown below with NMFS’
response. The second comment
suggested banning harvest of all
swordfish, which was outside the scope
of the current rulemaking. All written
comments submitted during the
comment period can be found at https://
www.regulations.gov/ by searching for
NOAA–NMFS–2014–0054.
Comment: NMFS should apportion
some of commercial underharvest to
allow for recreational harvest and sale of
swordfish caught in the Florida
Swordfish Management Area,
considering landings of Atlantic
swordfish are below the established
quotas.
Response: Currently, in the Atlantic,
Gulf of Mexico, and Caribbean,
recreationally caught swordfish (i.e.,
those caught on U.S. vessels possessing
the HMS Angling permit or the HMS
Charter-Headboat permit when on a forhire trip) may not be sold. Only permit
holders that hold commercial permits
may sell swordfish. Those commercial
permit holders are required to sell to
permitted dealers; except that
VerDate Mar<15>2010
14:40 Aug 21, 2014
Jkt 232001
individuals issued a valid HMS
Commercial Caribbean Small Boat
permit and operating in the U.S.
Caribbean may sell swordfish to nondealers (see 50 CFR 635.31(d)).
Given the rebuilt status of the North
Atlantic swordfish stock and their
resulting increased availability, NMFS
has made efforts to provide additional
harvest opportunities that will allow
both recreational and commercial
fishermen to more fully utilize the U.S.
swordfish quota allocation. Management
measures have included increasing
retention limits, reducing the minimum
cleithrum to caudal keel (CK) length,
raising vessel upgrade limits on limited
access commercial permits, creating two
new commercial permits (the HMS
Commercial Caribbean Small Boat
permit, which is specific to the U.S.
Caribbean, and the Swordfish General
Commercial permit), and modifying the
HMS Charter-Headboat permit to allow
for commercial retention of swordfish
when on a non-for hire trip.
The Swordfish General Commercial
permit and modified HMS CharterHeadboat permit were first implemented
in 2014 after finalization of Amendment
8 to the 2006 Consolidated HMS FMP
(Amendment 8). Both of these permits
allow for commercial retention of
swordfish using rod and reel, handline,
PO 00000
Frm 00062
Fmt 4700
Sfmt 4700
bandit gear, harpoon, and green-stick
gear (the same gears authorized for the
Atlantic Tunas General category
permit). Amendment 8 also established
swordfish management regions
(including the Florida Swordfish
Management Area), established default
regional retention limits, and allowed
for the adjustment of the regional
retention limits during a fishing season
from zero to six swordfish based on
certain criteria (e.g., dealer reports,
landing trends, available quota, etc).
The default regional swordfish retention
limit varies depending on the specific
region; for the Florida Swordfish
Management Area, the default regional
swordfish retention limit is zero. Please
refer to the final rule for Amendment 8
for additional details (78 FR 52012,
August 21, 2013).
The swordfish retention limit in the
Florida Swordfish Management Area is
currently set to zero fish for vessels with
a Swordfish General Commercial Permit
or an HMS Charter-Headboat permit
when on a non-for hire trip, as NMFS
is taking a cautious approach at this
time while issuing the new open-access
commercial swordfish permit for the
first time. This cautious approach is
particularly important off the southeast
coast of Florida, where the Florida
Swordfish Management Area was
E:\FR\FM\22AUR1.SGM
22AUR1
Federal Register / Vol. 79, No. 163 / Friday, August 22, 2014 / Rules and Regulations
implemented to conserve juvenile
swordfish habitat in a region where
fishing grounds are easily accessible to
a large number of fishermen. The initial
retention limit of zero swordfish was
implemented in part upon consideration
of public comments on Amendment 8,
including a comment from the Florida
Fish and Wildlife Conservation
Commission indicating a high potential
for the rapid growth of a commercial
fishery in the Florida Swordfish
Management Area.
Currently, NMFS is observing the
patterns of harvest, including how
fishing for swordfish changes
throughout the fishing year in different
regions, and seeing how changes in
patterns of harvest relate to other
portions of the U.S. fishery in overall
landings. NMFS does not feel that the
low harvest levels to date indicate a
need to adjust the regional retention
limits at this time. NMFS will continue
to monitor the fishery and, based upon
the inseason adjustment criteria
specified at 50 CFR 635.24 (b)(4)(iv),
will consider whether to adjust regional
retention limits in the future.
Changes From the Proposed Rule
The final rule contains no changes
from the proposed rule, except for
minor landings updates based on more
recent 2013 landings reports and dead
discard estimates.
rmajette on DSK2TPTVN1PROD with RULES
Classification
Pursuant to the Magnuson-Stevens
Act, the NMFS Assistant Administrator
has determined that the final rule is
consistent with the 2006 Consolidated
HMS FMP and its amendments, other
provisions of the Magnuson-Stevens
Act, and other applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
DEPARTMENT OF COMMERCE
Dated: August 18, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
National Oceanic and Atmospheric
Administration
For reasons set out in the preamble,
50 CFR part 635 is amended as follows:
RIN 0648–XD451
PART 635—ATLANTIC HIGHLY
MIGRATORY SPECIES
1. The authority citation for part 635
continues to read as follows:
■
Jkt 232001
[Docket No. 130925836–4174–02]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by
Catcher/Processors Using Trawl Gear
in the Central Regulatory Area of the
Gulf of Alaska
2. In § 635.27, paragraph (c)(3)(ii) is
revised to read as follows:
§ 635.27
SUMMARY:
■
Quotas.
*
*
*
*
*
(c) * * *
(3) * * *
(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
adjustments may be apportioned to
fishing categories and/or to the reserve.
Carryover adjustments for the North
Atlantic shall be limited to 25 percent
of the baseline quota allocation through
2014. Starting in the 2015 fishing year,
carryover adjustments shall be limited
to 15 percent of the annual baseline
quota allocation. Carryover adjustments
for the South Atlantic shall be limited
to 100 mt ww (75.2 mt dw). 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.
*
*
*
*
*
[FR Doc. 2014–19890 Filed 8–21–14; 8:45 am]
BILLING CODE 3510–22–P
Fisheries, Fishing, Fishing vessels,
Foreign relations, Imports, Penalties,
Reporting and recordkeeping
requirements, Treaties.
14:40 Aug 21, 2014
50 CFR Part 679
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
List of Subjects in 50 CFR Part 635
VerDate Mar<15>2010
49721
PO 00000
Frm 00063
Fmt 4700
Sfmt 4700
AGENCY:
NMFS is prohibiting retention
of Pacific cod by catcher/processors
using trawl gear in the Central
Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary because
the 2014 total allowable catch of Pacific
cod apportioned to trawl catcher/
processors in the Central Regulatory
Area of the GOA has been reached.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), August 19, 2014,
through 2400 hours, A.l.t., December 31,
2014.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
Regulations governing sideboard
protections for GOA groundfish
fisheries appear at subpart B of 50 CFR
part 680.
The 2014 Pacific cod TAC
apportioned to catcher/processors using
trawl gear in the Central Regulatory
Area of the GOA is 1,638 metric tons
(mt), as established by the final 2014
and 2015 harvest specifications for
groundfish of the GOA (79 FR 12890,
March 6, 2014).
In accordance with § 679.20(d)(2), the
Administrator, Alaska Region, NMFS
(Regional Administrator) has
determined that the 2014 Pacific cod
TAC apportioned to catcher/processors
using trawl gear in the Central
E:\FR\FM\22AUR1.SGM
22AUR1
]]>Agencies
[Federal Register Volume 79, Number 163 (Friday, August 22, 2014)]
[Rules and Regulations]
[Pages 49719-49721]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19890]
[[Page 49719]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 140207123-4657-02]
RIN 0648-BD96
Atlantic Highly Migratory Species; North and South Atlantic 2014
Commercial Swordfish Quotas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule adjusts the 2014 fishing season quotas for
North and South Atlantic swordfish based upon 2013 commercial quota
underharvests and international quota transfers consistent with the
International Commission for the Conservation of Atlantic Tunas (ICCAT)
Recommendations 13-02 and 13-03. Additionally, this final rule modifies
the regulations to comply with upcoming changes to the North Atlantic
swordfish underharvest carryover limits, which become effective in
2015. This final rule affects commercial and recreational fishing for
swordfish in the Atlantic Ocean, including the Caribbean Sea and Gulf
of Mexico. This action implements ICCAT recommendations, consistent
with the Atlantic Tunas Convention Act (ATCA), and furthers domestic
management objectives under the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act).
DATES: Effective on September 21, 2014.
ADDRESSES: Copies of the supporting documents--including the 2012
Environmental Assessment (EA), Regulatory Impact Review (RIR), and
Final Regulatory Flexibility Analysis (FRFA) for North Atlantic
swordfish; the 2007 EA, RIR, and FRFA for South Atlantic swordfish; and
the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management
Plan (FMP)--are available from the HMS Management Division Web site at
https://www.nmfs.noaa.gov/sfa/hms/ or by contacting Alexis Jackson by
phone at 301-427-8503 or Steve Durkee by phone at 202-670-6637.
FOR FURTHER INFORMATION CONTACT: Alexis Jackson by phone at 301-427-
8503, Steve Durkee by phone at 202-670-6637, or by fax: 301-713-1917.
SUPPLEMENTARY INFORMATION:
Background
The U.S. North and South Atlantic swordfish fisheries are managed
under the 2006 Consolidated HMS FMP. Implementing regulations at 50 CFR
part 635 are issued under the authority of the Magnuson-Stevens Act, 16
U.S.C. 1801 et seq., and ATCA, 16 U.S.C. 971 et seq. ATCA authorizes
the Secretary of Commerce (Secretary) to promulgate regulations as may
be necessary and appropriate to implement ICCAT recommendations.
For North Atlantic swordfish, this final action maintains the U.S.
baseline quota of 2,937.6 metric tons (mt) dressed weight (dw),
implements an ICCAT-recommended quota transfer of 18.8 mt dw from the
United States to Mauritania, and discontinues the 112.8 mt dw quota
transfer to Morocco, consistent with removal of the measure in the
ICCAT recommendation. Additionally, this final rule modifies the
regulations to comply with the ICCAT-recommended reduced underharvest
carryover limit, which becomes effective in 2015 and thus will apply to
any underharvest accrued in 2014 and beyond, pursuant to ICCAT
Recommendation 13-02. For South Atlantic swordfish, this action
maintains the U.S. South Atlantic swordfish quota at 75.2 mt dw (100 mt
whole weight (ww)), carries over 75.1 mt dw of 2013 underharvest, and
authorizes the transfer of 50 mt ww (37.6 mt dw) to Namibia, 25 mt ww
(18.8 mt dw) to C[ocirc]te d'Ivoire, and 25 mt ww (18.8 mt dw) to
Belize, consistent with ICCAT Recommendation 13-03. Information
regarding the quota calculations can be found below. Additional details
regarding the quotas and other actions in this rule and their impacts
can be found in the proposed rule (79 FR 27553, May 14, 2014).
North Atlantic Swordfish Quota
Based on the 2013 ICCAT Standing Committee on Research and
Statistics (SCRS) stock assessment, North Atlantic swordfish are fully
rebuilt and not experiencing overfishing. At the 2013 ICCAT annual
meeting, Recommendation 13-02 was adopted, maintaining the overall
North Atlantic swordfish total allowable catch (TAC) of 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. ICCAT Recommendation 13-02 also includes an
18.8 mt dw (25 mt ww) annual quota transfer from the United States to
Mauritania, discontinues the 112.8 mt dw quota transfer to Morocco,
consistent with removal of the measure in the ICCAT recommendation, and
limits allowable 2013 underharvest carryover to 25 percent of a
contracting party's baseline quota. Underharvest accrued in 2014 and
beyond is limited to 15 percent of a contracting party's baseline
quota. Therefore, the United States may carry over a maximum of 734.4
mt dw (976.8 mt ww) of underharvest from 2013 and add it to the 2014
baseline quota. This final rule adjusts the U.S. baseline quota for the
2014 fishing year to account for the annual quota transfer to
Mauritania and the 2013 underharvest. Additionally, this final rule
modifies the regulations to comply with the reduced underharvest
carryover limit, which becomes effective in 2015 and thus will apply to
underharvest accrued in 2014 and beyond.
The 2014 North Atlantic swordfish baseline quota is 2,937.6 mt dw
(3,907 mt ww). The North Atlantic swordfish underharvest for 2013 was
1,391.8 mt dw (1,851.1 mt ww) which exceeds the maximum carryover cap
of 734.4 mt dw (976.8 mt ww). This updated estimate, while lower than
that estimated in the proposed rule, is still lower than the maximum
allowable underharvest carryover. Thus, as proposed, NMFS is carrying
forward the same maximum amount allowed per ICCAT Recommendation 13-02.
The baseline quota would be reduced by the 18.8 mt dw (25 mt ww) annual
quota transfer to Mauritania and increased by the underharvest
carryover maximum of 734.4 mt dw (976.8 mt ww), resulting in an
adjusted quota of 3,653.2 mt dw (4,857.8 mt ww) for the 2014 fishing
year. From that final adjusted quota, per Sec. 635.27(c)(1)(i), the
directed category quota of 3,303.2 mt dw (4,393.3 mt ww) is split
equally into two seasons (January through June, and July through
December), the reserve category quota is 50 mt dw (66.5 mt ww), and the
incidental category quota, which includes recreational landings and
catch by incidental swordfish permit holders, is 300 mt dw (399 mt ww)
(Table 1).
South Atlantic Swordfish Quota
In 2013, ICCAT Recommendation 13-03 established the South Atlantic
swordfish TAC at 11,278.2 mt dw (15,000 mt ww) for 2014, 2015, and
2016. Of this, the United States' baseline quota is 75.2 mt dw (100 mt
ww). ICCAT Recommendation 13-03 limits the amount of South Atlantic
swordfish underharvest that can be carried forward. For South Atlantic
swordfish, the United States may carry forward underharvest up to 100
percent of its baseline quota (75.2 mt dw).
[[Page 49720]]
Recommendation 13-03 also included a total of 75.2 mt dw (100 mt ww) of
quota transfers from the United States to other countries. These
transfers were 37.6 mt dw (50 mt ww) to Namibia, 18.8 mt dw (25 mt ww)
to C[ocirc]te d'Ivoire, and 18.8 mt dw (25 mt ww) to Belize.
In 2013, U.S. fishermen landed 0.1 mt dw of South Atlantic
swordfish and there were no dead discards. Therefore, 75.1 mt dw of
underharvest is available to be carried over to 2014 and added to the
baseline quota. That combined quota will then be reduced by the 75.2 mt
dw of annual international quota transfers outlined above, resulting in
an adjusted quota of 75.1 mt dw (100 mt ww) for South Atlantic
swordfish (see Table 1) for 2014.
Table 1--2014 North and South Atlantic Swordfish Quotas
------------------------------------------------------------------------
North Atlantic Swordfish Quota (mt dw) 2013 2014
------------------------------------------------------------------------
Baseline Quota................................ 2,937.6 2,937.6
International Quota Transfer.................. \1\ (- \2\ (-)18.8
)112.8
Total Underharvest from Previous Year \+\..... 814.1 1,391.8
Underharvest Carryover from Previous Year \+\. (+)734.4 (+)734.4
Adjusted Quota................................ 3,559.2 3,653.2
------------------------------------------------------------------------
Quota Allocation..................................... Directed Category.............. 3,209.2 3,303.2
Incidental Category............ 300 300
Reserve Category............... 50 50
----------------------------------------------------------------------------------------------------------------
South Atlantic Swordfish Quota (mt dw) 2013 2014
------------------------------------------------------------------------
Baseline Quota................................ 75.2 75.2
International Quota Transfers *............... (-)75.2 (-)75.2
Total Underharvest from Previous Year \+\..... 75.2 75.1
Underharvest Carryover from Previous Year \+\. 75.2 75.1
Adjusted Quota................................ 75.2 75.1
------------------------------------------------------------------------
+ 2013 underharvest carryover is capped at 25 percent of the baseline
quota allocation for the North Atlantic and 75.2 dw (100 mt ww) for
the South Atlantic. Starting in 2015, for the North Atlantic only,
underharvest carryover will be capped at 15 percent of the baseline
quota allocation.
* Under Recommendation 13-03, 100 mt ww of the U.S. underharvest and
baseline quota was transferred to Namibia (37.6 mt dw, 50 mt ww),
C[ocirc]te d'Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25
mt ww).
\1\ To Morocco.
\2\ To Mauritania.
Response to Comments
During the proposed rule comment period, NMFS received two written
comments, one of which was directly related to the proposed rule. A
summary of the relative comment on the proposed rule is shown below
with NMFS' response. The second comment suggested banning harvest of
all swordfish, which was outside the scope of the current rulemaking.
All written comments submitted during the comment period can be found
at https://www.regulations.gov/ by searching for NOAA-NMFS-2014-0054.
Comment: NMFS should apportion some of commercial underharvest to
allow for recreational harvest and sale of swordfish caught in the
Florida Swordfish Management Area, considering landings of Atlantic
swordfish are below the established quotas.
Response: Currently, in the Atlantic, Gulf of Mexico, and
Caribbean, recreationally caught swordfish (i.e., those caught on U.S.
vessels possessing the HMS Angling permit or the HMS Charter-Headboat
permit when on a for-hire trip) may not be sold. Only permit holders
that hold commercial permits may sell swordfish. Those commercial
permit holders are required to sell to permitted dealers; except that
individuals issued a valid HMS Commercial Caribbean Small Boat permit
and operating in the U.S. Caribbean may sell swordfish to non-dealers
(see 50 CFR 635.31(d)).
Given the rebuilt status of the North Atlantic swordfish stock and
their resulting increased availability, NMFS has made efforts to
provide additional harvest opportunities that will allow both
recreational and commercial fishermen to more fully utilize the U.S.
swordfish quota allocation. Management measures have included
increasing retention limits, reducing the minimum cleithrum to caudal
keel (CK) length, raising vessel upgrade limits on limited access
commercial permits, creating two new commercial permits (the HMS
Commercial Caribbean Small Boat permit, which is specific to the U.S.
Caribbean, and the Swordfish General Commercial permit), and modifying
the HMS Charter-Headboat permit to allow for commercial retention of
swordfish when on a non-for hire trip.
The Swordfish General Commercial permit and modified HMS Charter-
Headboat permit were first implemented in 2014 after finalization of
Amendment 8 to the 2006 Consolidated HMS FMP (Amendment 8). Both of
these permits allow for commercial retention of swordfish using rod and
reel, handline, bandit gear, harpoon, and green-stick gear (the same
gears authorized for the Atlantic Tunas General category permit).
Amendment 8 also established swordfish management regions (including
the Florida Swordfish Management Area), established default regional
retention limits, and allowed for the adjustment of the regional
retention limits during a fishing season from zero to six swordfish
based on certain criteria (e.g., dealer reports, landing trends,
available quota, etc). The default regional swordfish retention limit
varies depending on the specific region; for the Florida Swordfish
Management Area, the default regional swordfish retention limit is
zero. Please refer to the final rule for Amendment 8 for additional
details (78 FR 52012, August 21, 2013).
The swordfish retention limit in the Florida Swordfish Management
Area is currently set to zero fish for vessels with a Swordfish General
Commercial Permit or an HMS Charter-Headboat permit when on a non-for
hire trip, as NMFS is taking a cautious approach at this time while
issuing the new open-access commercial swordfish permit for the first
time. This cautious approach is particularly important off the
southeast coast of Florida, where the Florida Swordfish Management Area
was
[[Page 49721]]
implemented to conserve juvenile swordfish habitat in a region where
fishing grounds are easily accessible to a large number of fishermen.
The initial retention limit of zero swordfish was implemented in part
upon consideration of public comments on Amendment 8, including a
comment from the Florida Fish and Wildlife Conservation Commission
indicating a high potential for the rapid growth of a commercial
fishery in the Florida Swordfish Management Area.
Currently, NMFS is observing the patterns of harvest, including how
fishing for swordfish changes throughout the fishing year in different
regions, and seeing how changes in patterns of harvest relate to other
portions of the U.S. fishery in overall landings. NMFS does not feel
that the low harvest levels to date indicate a need to adjust the
regional retention limits at this time. NMFS will continue to monitor
the fishery and, based upon the inseason adjustment criteria specified
at 50 CFR 635.24 (b)(4)(iv), will consider whether to adjust regional
retention limits in the future.
Changes From the Proposed Rule
The final rule contains no changes from the proposed rule, except
for minor landings updates based on more recent 2013 landings reports
and dead discard estimates.
Classification
Pursuant to the Magnuson-Stevens Act, the NMFS Assistant
Administrator has determined that the final rule is consistent with the
2006 Consolidated HMS FMP and its amendments, other provisions of the
Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Treaties.
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
Dated: August 18, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For 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. 635.27, paragraph (c)(3)(ii) is revised to read as follows:
Sec. 635.27 Quotas.
* * * * *
(c) * * *
(3) * * *
(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 adjustments may be apportioned to fishing categories
and/or to the reserve. Carryover adjustments for the North Atlantic
shall be limited to 25 percent of the baseline quota allocation through
2014. Starting in the 2015 fishing year, carryover adjustments shall be
limited to 15 percent of the annual baseline quota allocation.
Carryover adjustments for the South Atlantic shall be limited to 100 mt
ww (75.2 mt dw). 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.
* * * * *
[FR Doc. 2014-19890 Filed 8-21-14; 8:45 am]
BILLING CODE 3510-22-P
