Atlantic Highly Migratory Species; Atlantic Swordfish Quotas, 15669-15672 [E9-7859]
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Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Rules and Regulations
corrected paragraph B.(15) of the
General Instructions of Form 40–F is
corrected to read as follows:
‘‘(ii) Interactive Data File is not required to
be submitted to the Commission under
subparagraph (a) of this paragraph (15).’’
§ 249.306
[Corrected]
21. On page 6820, in the second
column, the amendatory language for
amendment 32, is corrected to read as
follows:
■
22. Beginning on page 6820 in the
third column and continuing on page
6821 in the first and second columns,
correct paragraphs (6)(a), introductory
text, (6)(a)(ii), (6)(a)(iii), and (6)(b)(ii) to
General Instruction C of Form 6–K to
read as follows:
■
‘‘(6) * * *
(a) Required to be submitted and posted.
Required to be submitted to the Commission
and posted on the registrant’s corporate Web
site, if any, in the manner provided by Rule
405 of Regulation S–T (§ 232.405 of this
chapter) and, as submitted, listed as exhibit
101, if the registrant does not prepare its
financial statements in accordance with
Article 6 of Regulation S–X (17 CFR 210.6–
01 et seq.) and is described in subparagraph
(a)(i), (ii), or (iii) of this paragraph (6), except
that an Interactive Data File: first is required
for a periodic report on Form 10–Q
(§ 249.308a of this chapter), Form 20–F
(§ 249.220f of this chapter) or Form 40–F
(§ 249.240f of this chapter), as applicable;
and is required for a Form 6–K (§ 249.306 of
this chapter) only when the Form 6–K
contains either of the following: audited
annual financial statements that are a revised
version of financial statements that
previously were filed with the Commission
that have been revised pursuant to applicable
accounting standards to reflect the effects of
certain subsequent events, including a
discontinued operation, a change in
reportable segments or a change in
accounting principle; or current interim
financial statements included pursuant to the
nine-month updating requirement of Item
8.A.5 of Form 20–F, and, in either such case,
the Interactive Data File would be required
only as to such revised financial statements
or current interim financial statements
regardless of whether the Form 6–K contains
other financial statements:
*
*
*
*
(ii) A large accelerated filer not specified
in subparagraph (a)(i) of this paragraph (6)
that prepares its financial statements in
accordance with generally accepted
accounting principles as used in the United
States and the filing contains financial
statements of the registrant for a fiscal period
that ends on or after June 15, 2010; or
(iii) A filer not specified in subparagraph
(a)(i) or (ii) of this paragraph (6) that prepares
its financial statements in accordance with
either generally accepted accounting
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14:58 Apr 06, 2009
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23. On page 6821, second column,
paragraph ‘‘(iii)’’ designation is
corrected to read paragraph ‘‘(c)’’.
■
‘‘32. Amend Form 6–K (referenced in
§ 249.306) by revising paragraph (5) and
adding paragraph (6) to General Instruction C
to read as follows:’’.
*
principles as used in the United States or
International Financial Reporting Standards
as issued by the International Accounting
Standards Board, and the filing contains
financial statements of the registrant for a
fiscal period that ends on or after June 15,
2011.
(b) * * *
(ii) Interactive Data File is not required to
be submitted to the Commission under
subparagraph (a)(i) of this paragraph (6).’’
Dated: April 1, 2009.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9–7778 Filed 4–6–09; 8:45 am]
BILLING CODE 8010–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 080404529–81598–02]
RIN 0648–AW61
Atlantic Highly Migratory Species;
Atlantic Swordfish Quotas
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
SUMMARY: This final rule would adjust
the North and South Atlantic swordfish
quotas for the 2008 fishing year (January
1, 2008, through December 31, 2008) to
account for 2007 underharvests, to the
extent allowable, and transfer 18.8
metric tons (mt) dressed weight (dw) to
Canada per the 2006 International
Commission for the Conservation of
Atlantic Tunas (ICCAT)
recommendations 06–02 and 06–03. The
North Atlantic 2008 directed baseline
quotas plus the 2007 underharvest
would be divided equally between the
semiannual periods of January through
June, and July through December. The
adjustment of the swordfish quotas, to
account for underharvests is
administrative in nature and does not
require a change to regulatory text.
DATES: This rule is effective on May 7,
2009.
ADDRESSES: For copies of the supporting
documents, including the proposed rule
(73 FR 68398, November 18, 2008); the
2007 Environmental Assessment (EA),
Regulatory Impact Review (RIR), and
Final Regulatory Flexibility Analysis
(FRFA); and the 2006 Consolidated
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Fmt 4700
Sfmt 4700
15669
Atlantic Highly Migratory Species
(HMS) Fishery Management Plan (FMP),
please write to Highly Migratory Species
Management Division, 1315 East–West
Highway, Silver Spring, MD 20910, visit
the HMS website at https://
www.nmfs.noaa.gov/sfa/hms/, or
contact LeAnn Southward Hogan.
FOR FURTHER INFORMATION CONTACT:
LeAnn Southward Hogan or Karyl
Brewster–Geisz by phone: 301–713–
2347 or by fax: 301–713–1917.
SUPPLEMENTARY INFORMATION: The U.S.
Atlantic swordfish fishery is managed
under the 2006 Consolidated HMS FMP.
Implementing regulations at 50 CFR part
635 are issued under the authority of the
Magnuson–Stevens Fishery
Conservation and Management Act
(Magnuson–Stevens Act), 16 U.S.C.
1801 et seq., and the Atlantic Tunas
Convention Act (ATCA), 16 U.S.C. 971
et seq. Regulations issued under the
authority of ATCA carry out the
recommendations of ICCAT as
necessary and appropriate.
NMFS published a proposed rule on
November 18, 2008 (73 FR 68398),
announcing the proposed adjustment of
the 2008 North and South Atlantic
swordfish baseline quotas for the 2008
fishing year to account for 2007
underharvests per 50 CFR 635.27(c) and
ICCAT recommendations, and to
conduct the annual reserve transfer of
18.8 metric ton (mt) dressed weight (dw)
to Canada. The proposed rule also
proposed modifications to the vessel
chartering regulations. On December 11,
2008, NMFS published a notice (73 FR
75382) extending the public comment
period until January 16, 2009, to give
the public more time and opportunities
to comment on the proposed rule.
Information regarding the proposed rule
can be found in the preamble of the
proposed rule and are not repeated here.
1. Swordfish Quota
a. North Atlantic
The final rule adjusts the total
available quota for the 2008 fishing year
to account for the 2007 underharvests to
the maximum extent allowable,
consistent with ICCAT recommendation
06–02. The 2008 North Atlantic
swordfish baseline quota is 2,937.6 mt
dw. The total North Atlantic swordfish
underharvest for 2007 was 3,220.1 mt
dw, which exceeds the maximum
carryover cap of 1,468.8 mt dw.
Therefore, NMFS is carrying forward the
maximum allowable capped amount
during the defined management period
(2007–2008) per ICCAT
recommendation 06–02. Thus, the
baseline quota plus the underharvest
carryover maximum of 1,468.8 mt dw
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Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Rules and Regulations
equals an adjusted quota of 4,406.4 mt
dw for the 2008 fishing year. Per
regulations at 50 CFR 635.27(c)(3), the
directed category would be allocated
3,620.7 mt dw, the incidental category
would be allocated 300 mt dw, and the
reserve category would be reduced from
a quota of 504.5 mt dw to 485.7 due to
the transfer of 18.8 mt dw to Canada
(Table 1).
b. South Atlantic
As with the North Atlantic swordfish
recommendation, ICCAT
recommendation 06–03 establishes a
cap on the amount of underharvest that
can be carried forward during the
defined management period (2007–
2009). For South Atlantic swordfish, the
United States is limited to carrying
forward 100 mt ww (75.2 mt dw). The
2008 South Atlantic swordfish baseline
quota is 75.2 mt dw. The total South
Atlantic swordfish underharvest for
2007 was 150.4 mt dw, which exceeds
the maximum carryover cap of 75.2 mt
dw. Therefore, NMFS is carrying
forward the capped amount per ICCAT
recommendation 06–03. As a result, the
baseline quota plus the underharvest
carryover maximum of 75.2 mt dw
equals an adjusted quota of 150.4 mt dw
for the 2008 fishing year (Table 1).
TABLE 1 — LANDINGS AND QUOTAS FOR THE ATLANTIC SWORDFISH FISHERIES (2005 – 2008)
North Atlantic Swordfish Quota (mt dw)
2005
2006
2007
2008
preliminary
Baseline Quota
2,937.6
2,937.6
2,937.6
2,937.6
Quota Carried Over
3,359.1
4,691.2
1,468.8
1,468.8
Adjusted quota
6,296.7
7,628.8
4,406.4
4,406.4
Directed Category
5,895.2
7,246.1
3,601.9
3,620.7
Incidental
Category
300.0
300.0
300.0
300.0
Reserve Category
101.5
82.7
504.5
485.7
Landings
1,471.8
1,291.5
1,167.5
1,576.4 as of Dec.
31, 2008
Reserve Transfer
to Canada
18.8
18.8
18.8
18.8
4,806.1
6,318.5
3,220.1
2,811.2
114.9
154.9
149.2
TBD
4,691.2
1,468.8
1,468.8
TBD
South Atlantic Swordfish Quota (mt dw)
2005
2006
2007
2008
preliminary
Baseline Quota
75.2
90.2
75.2
75.2
Quota Carried Over
319.3
394.5
75.2
75.2
Adjusted quota
394.5
484.7
150.4
150.4
0.0
0.0
0.0
0.0 to date
394.5
75.2
75.2
75.2
Quota Allocation
Utilized Quota
Total Underharvest
Dead Discards
Carryover Available+
Landings
Carryover Available+
2. Vessel Chartering
The proposed rule (73 FR 68398,
November 18, 2008) proposed to modify
regulations regarding vessel chartering,
consistent with ICCAT recommendation
02–21, potentially to allow Atlantic
HMS limited access permit (LAP)
holders to charter foreign vessels of
ICCAT Contracting Parties, non–
Contracting Cooperating Parties, Entities
and Fishing Entities (CPC) under a
chartering arrangement to fish on the
high seas, where catches taken would
count against U.S. Atlantic HMS quotas.
The proposed chartering regulations
would have established a process and
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criteria for NMFS’s evaluation of
proposed chartering arrangements and
established certain limitations that
would be placed on such chartering
arrangements. As described below in the
response to comments, NMFS has
decided not to finalize the proposed
changes to the chartering regulations.
3. Response to Comments
Comments on the proposed rule are
summarized below, together with
NMFS’ responses.
Comment 1: NMFS received several
comments in support of and in
opposition to the adjustment of the 2008
North and South Atlantic swordfish
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quotas to account for 2007
underharvests.
Response: The 2008 annual
specifications are necessary to
implement the 2006 ICCAT quota
recommendations, as implemented
domestically under ATCA, and to
achieve domestic management
objectives under the Magnuson–Stevens
Act. ICCAT recommendation 06–02
limits the amount of North Atlantic
swordfish underharvest that can be
carried forward by all CPCs to 50
percent of that entity’s baseline quota
allocation for 2007 and 2008. This
action is in accordance with the
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Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Rules and Regulations
framework procedures set forth in the
2006 Consolidated Atlantic HMS FMP,
and is supported by the analytical
documents prepared for the 2006
Consolidated HMS FMP and for the
2007 North and South Atlantic
swordfish quota specifications.
Comment 2: NMFS received several
comments opposing the proposed
modifications to the vessel chartering
regulations. These comments asserted
that the proposed modification would
only benefit inactive permit holders and
would disadvantage the historic and
active commercial swordfish fleet and
wholesalers because they believe an
influx of imported swordfish product
would result causing the domestic ex–
vessel prices to decrease and a market
glut would occur.
Response: The proposed chartering
regulations would have allowed all
Atlantic HMS LAP holders the ability to
enter into a chartering arrangement with
an ICCAT CPC. In response to public
requests to modify regulations allowing
chartering of foreign vessels, NMFS
proposed to allow this type of chartering
arrangement as a way to help utilize
Atlantic HMS quotas and facilitate
flexibility within the vessel chartering
program, which in turn could enhance
quota management within the Atlantic
HMS fisheries. The proposed
regulations described a process and
criteria for NMFS to approve or deny
each request for a chartering
arrangement considering the ecological,
economic, and social impacts of the
specific chartering request. Additionally
under the proposed process, NMFS
would have evaluated whether the
proposed chartering arrangement
provided adequate benefit to the United
States, the Atlantic HMS fishery
participants, and the Atlantic HMS
quota management. However, upon
further review of the potential
socioeconomic impacts and due to the
concerns expressed by the public,
including concerns from constituents
who originally requested that HMS
modify the chartering regulations,
NMFS has decided not to finalize the
proposed vessel chartering regulatory
modifications.
Comment 3: NMFS received a
comment stating that NMFS has not put
enough effort into revitalizing the
swordfish fishery and that the vessel
chartering modifications would serve as
a distraction from other necessary
revitalization efforts.
Response: NMFS has initiated and
implemented a number of regulatory
and non–regulatory swordfish fishery
revitalization efforts. In June 2007,
NMFS published a final rule (72 FR
31688) that amended vessel upgrading
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15:41 Apr 06, 2009
Jkt 217001
restrictions for pelagic longline (PLL)
vessels, removed a one–time upgrade
restriction for all LAP holders, and
among other things, increased
incidental and recreational swordfish
retention limits. In July 2008, NMFS
published a final rule (73 FR 38144) to
allow Atlantic tunas longline LAPs that
had been expired for more than one year
to be renewed by the most recent permit
holder of record to allow increased use
of swordfish permits by making
available more of the required
associated permits. NMFS has also been
involved with development of the
FishWatch website, including swordfish
outreach materials for the website,
https://www.nmfs.noaa.gov/fishwatch/,
participation at regional and
international seafood shows,
development of swordfish fact sheets,
meetings with state representatives and
industry constituents to discuss
marketing outreach strategies, and
development of a swordfish
revitalization film clip for the
Smithsonian Sant Ocean Hall exhibit. In
January 2008, NMFS issued exempted
fishing permits to conduct research in
the East Coast and Charleston Bump
PLL closed areas to evaluate existing
bycatch reduction measures and collect
baseline data under current fishery
conditions. NMFS plans more to work
with state partners, the swordfish
industry, and other constituents to
continue to revitalize the swordfish
fishery.
Comment 4: NMFS received a
comment stating that NMFS did not
include enough detail in the proposed
rule regarding limitations that need to
be imposed on chartering arrangements,
such as a sunset provision, quota
allocations, and seasonal closures.
Response: The proposed chartering
regulations described a process and
criteria for NMFS’s evaluation of each
potential chartering request, as well as
a detailed list of specific information
required to be included in any
chartering arrangement request. The
proposed regulations stated that NMFS
would have considered each chartering
request on a case–by–case basis. If
NMFS decided to authorize a chartering
arrangement, the written notification
from NMFS would have included the
vessel chartering requirements and the
terms and conditions of the chartering
arrangement, including expiration date,
data submission requirements, and
quota allocations. Thus, the
commenter’s concerns would have been
addressed.
Comment 5: NMFS received a
comment stating that the proposed
chartering modifications would have
violated National Standard Four of the
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Fmt 4700
Sfmt 4700
15671
Magnuson–Stevens Act because of the
proposal to limit chartering
arrangements to commercial fishermen
with an Atlantic HMS LAP.
Response: National Standard 4
requires that conservation and
management measures shall not
discriminate between residents of
different States. If it becomes necessary
to allocate or assign fishing privileges
among various United States fishermen,
such allocation shall be (A) fair and
equitable to all such fishermen; (B)
reasonably calculated to promote
conservation; and (C) carried out in
such a manner that no particular
individual, cooperation, or other entity
acquires an excessive share of such
privileges. NMFS proposed to allow all
Atlantic HMS LAP holders who are
authorized to commercially harvest
Atlantic HMS from the U.S. EEZ and on
the high seas the ability to charter a
foreign vessel of an ICCAT CPC. With
regard to chartering, the proposed
regulations would have only allowed
such activities on the high seas. The
Atlantic HMS LAP holders who are
currently authorized to commercially
harvest HMS on the high seas would
have been chartering vessels to,
essentially, exercise that harvesting
privilege on their behalf. In addition,
under the proposed regulations, foreign
vessel owners who entered into a
chartering arrangement with an Atlantic
HMS LAP holder would have been
required to follow all U.S. regulations
that would have otherwise applied to
the Atlantic HMS LAP holder. This
approach was aimed at keeping any
resulting chartering arrangements
within the scope of the existing
analyzed effects of utilizing Atlantic
HMS quotas on the high seas and does
not violate National Standard 4.
However, as NMFS is not finalizing the
proposed vessel modifications, the
concerns have been addressed.
4. Changes from the Proposed Rule
Upon further review of potential
socioeconomic impacts and concerns
that the proposed regulatory
modifications would only benefit
inactive permit holders and would
disadvantage the historic and active
commercial swordfish fleet and because
of the opposition from the public
regarding the proposed modifications to
the vessel chartering regulations, NMFS
has decided not to implement the
proposed regulatory modifications in
the final rule. Therefore, the current
vessel chartering regulations at 50 CFR
635.5(a)(5) and 635.32(e) remain
unchanged.
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Federal Register / Vol. 74, No. 65 / Tuesday, April 7, 2009 / Rules and Regulations
5. Classification
The Acting Assistant Administrator
has determined that this final rule is
consistent with the 2006 Consolidated
HMS FMP, the Magnuson–Stevens Act,
ATCA, and other applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
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15:41 Apr 06, 2009
Jkt 217001
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
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Fmt 4700
Sfmt 4700
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
Dated: April 1, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E9–7859 Filed 4–6–09; 8:45 am]
BILLING CODE 3510–22–S
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07APR1
]]>Agencies
[Federal Register Volume 74, Number 65 (Tuesday, April 7, 2009)]
[Rules and Regulations]
[Pages 15669-15672]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7859]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 080404529-81598-02]
RIN 0648-AW61
Atlantic Highly Migratory Species; Atlantic Swordfish Quotas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule would adjust the North and South Atlantic
swordfish quotas for the 2008 fishing year (January 1, 2008, through
December 31, 2008) to account for 2007 underharvests, to the extent
allowable, and transfer 18.8 metric tons (mt) dressed weight (dw) to
Canada per the 2006 International Commission for the Conservation of
Atlantic Tunas (ICCAT) recommendations 06-02 and 06-03. The North
Atlantic 2008 directed baseline quotas plus the 2007 underharvest would
be divided equally between the semiannual periods of January through
June, and July through December. The adjustment of the swordfish
quotas, to account for underharvests is administrative in nature and
does not require a change to regulatory text.
DATES: This rule is effective on May 7, 2009.
ADDRESSES: For copies of the supporting documents, including the
proposed rule (73 FR 68398, November 18, 2008); the 2007 Environmental
Assessment (EA), Regulatory Impact Review (RIR), and Final Regulatory
Flexibility Analysis (FRFA); and the 2006 Consolidated Atlantic Highly
Migratory Species (HMS) Fishery Management Plan (FMP), please write to
Highly Migratory Species Management Division, 1315 East-West Highway,
Silver Spring, MD 20910, visit the HMS website at https://www.nmfs.noaa.gov/sfa/hms/, or contact LeAnn Southward Hogan.
FOR FURTHER INFORMATION CONTACT: LeAnn Southward Hogan or Karyl
Brewster-Geisz by phone: 301-713-2347 or by fax: 301-713-1917.
SUPPLEMENTARY INFORMATION: The U.S. Atlantic swordfish fishery is
managed under the 2006 Consolidated HMS FMP. Implementing regulations
at 50 CFR part 635 are issued under the authority of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act),
16 U.S.C. 1801 et seq., and the Atlantic Tunas Convention Act (ATCA),
16 U.S.C. 971 et seq. Regulations issued under the authority of ATCA
carry out the recommendations of ICCAT as necessary and appropriate.
NMFS published a proposed rule on November 18, 2008 (73 FR 68398),
announcing the proposed adjustment of the 2008 North and South Atlantic
swordfish baseline quotas for the 2008 fishing year to account for 2007
underharvests per 50 CFR 635.27(c) and ICCAT recommendations, and to
conduct the annual reserve transfer of 18.8 metric ton (mt) dressed
weight (dw) to Canada. The proposed rule also proposed modifications to
the vessel chartering regulations. On December 11, 2008, NMFS published
a notice (73 FR 75382) extending the public comment period until
January 16, 2009, to give the public more time and opportunities to
comment on the proposed rule. Information regarding the proposed rule
can be found in the preamble of the proposed rule and are not repeated
here.
1. Swordfish Quota
a. North Atlantic
The final rule adjusts the total available quota for the 2008
fishing year to account for the 2007 underharvests to the maximum
extent allowable, consistent with ICCAT recommendation 06-02. The 2008
North Atlantic swordfish baseline quota is 2,937.6 mt dw. The total
North Atlantic swordfish underharvest for 2007 was 3,220.1 mt dw, which
exceeds the maximum carryover cap of 1,468.8 mt dw. Therefore, NMFS is
carrying forward the maximum allowable capped amount during the defined
management period (2007-2008) per ICCAT recommendation 06-02. Thus, the
baseline quota plus the underharvest carryover maximum of 1,468.8 mt dw
[[Page 15670]]
equals an adjusted quota of 4,406.4 mt dw for the 2008 fishing year.
Per regulations at 50 CFR 635.27(c)(3), the directed category would be
allocated 3,620.7 mt dw, the incidental category would be allocated 300
mt dw, and the reserve category would be reduced from a quota of 504.5
mt dw to 485.7 due to the transfer of 18.8 mt dw to Canada (Table 1).
b. South Atlantic
As with the North Atlantic swordfish recommendation, ICCAT
recommendation 06-03 establishes a cap on the amount of underharvest
that can be carried forward during the defined management period (2007-
2009). For South Atlantic swordfish, the United States is limited to
carrying forward 100 mt ww (75.2 mt dw). The 2008 South Atlantic
swordfish baseline quota is 75.2 mt dw. The total South Atlantic
swordfish underharvest for 2007 was 150.4 mt dw, which exceeds the
maximum carryover cap of 75.2 mt dw. Therefore, NMFS is carrying
forward the capped amount per ICCAT recommendation 06-03. As a result,
the baseline quota plus the underharvest carryover maximum of 75.2 mt
dw equals an adjusted quota of 150.4 mt dw for the 2008 fishing year
(Table 1).
Table 1 -- Landings and Quotas for the Atlantic Swordfish Fisheries (2005 - 2008)
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
North Atlantic Swordfish Quota (mt dw) 2005 2006 2007 2008
preliminary
========================================================================================================================================================
Baseline Quota 2,937.6 2,937.6 2,937.6 2,937.6
========================================================================================================================================================
Quota Carried Over 3,359.1 4,691.2 1,468.8 1,468.8
========================================================================================================================================================
Adjusted quota 6,296.7 7,628.8 4,406.4 4,406.4
========================================================================================================================================================
Quota Allocation Directed Category 5,895.2 7,246.1 3,601.9 3,620.7
----------------------------------------------------------------------------------------------
Incidental 300.0 300.0 300.0 300.0
Category
----------------------------------------------------------------------------------------------
Reserve Category 101.5 82.7 504.5 485.7
========================================================================================================================================================
Utilized Quota Landings 1,471.8 1,291.5 1,167.5 1,576.4 as of
Dec. 31, 2008
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reserve Transfer 18.8 18.8 18.8 18.8
to Canada
========================================================================================================================================================
Total Underharvest 4,806.1 6,318.5 3,220.1 2,811.2
========================================================================================================================================================
Dead Discards 114.9 154.9 149.2 TBD
========================================================================================================================================================
Carryover Available+ 4,691.2 1,468.8 1,468.8 TBD
--------------------------------------------------------------------------------------------------------------------------------------------------------
South Atlantic Swordfish Quota (mt dw) 2005 2006 2007 2008
preliminary
----------------------------------------------------------=============================================================================
Baseline Quota 75.2 90.2 75.2 75.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Quota Carried Over 319.3 394.5 75.2 75.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Adjusted quota 394.5 484.7 150.4 150.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Landings 0.0 0.0 0.0 0.0 to date
========================================================================================================================================================
Carryover Available+ 394.5 75.2 75.2 75.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
2. Vessel Chartering
The proposed rule (73 FR 68398, November 18, 2008) proposed to
modify regulations regarding vessel chartering, consistent with ICCAT
recommendation 02-21, potentially to allow Atlantic HMS limited access
permit (LAP) holders to charter foreign vessels of ICCAT Contracting
Parties, non-Contracting Cooperating Parties, Entities and Fishing
Entities (CPC) under a chartering arrangement to fish on the high seas,
where catches taken would count against U.S. Atlantic HMS quotas. The
proposed chartering regulations would have established a process and
criteria for NMFS's evaluation of proposed chartering arrangements and
established certain limitations that would be placed on such chartering
arrangements. As described below in the response to comments, NMFS has
decided not to finalize the proposed changes to the chartering
regulations.
3. Response to Comments
Comments on the proposed rule are summarized below, together with
NMFS' responses.
Comment 1: NMFS received several comments in support of and in
opposition to the adjustment of the 2008 North and South Atlantic
swordfish quotas to account for 2007 underharvests.
Response: The 2008 annual specifications are necessary to implement
the 2006 ICCAT quota recommendations, as implemented domestically under
ATCA, and to achieve domestic management objectives under the Magnuson-
Stevens Act. ICCAT recommendation 06-02 limits the amount of North
Atlantic swordfish underharvest that can be carried forward by all CPCs
to 50 percent of that entity's baseline quota allocation for 2007 and
2008. This action is in accordance with the
[[Page 15671]]
framework procedures set forth in the 2006 Consolidated Atlantic HMS
FMP, and is supported by the analytical documents prepared for the 2006
Consolidated HMS FMP and for the 2007 North and South Atlantic
swordfish quota specifications.
Comment 2: NMFS received several comments opposing the proposed
modifications to the vessel chartering regulations. These comments
asserted that the proposed modification would only benefit inactive
permit holders and would disadvantage the historic and active
commercial swordfish fleet and wholesalers because they believe an
influx of imported swordfish product would result causing the domestic
ex-vessel prices to decrease and a market glut would occur.
Response: The proposed chartering regulations would have allowed
all Atlantic HMS LAP holders the ability to enter into a chartering
arrangement with an ICCAT CPC. In response to public requests to modify
regulations allowing chartering of foreign vessels, NMFS proposed to
allow this type of chartering arrangement as a way to help utilize
Atlantic HMS quotas and facilitate flexibility within the vessel
chartering program, which in turn could enhance quota management within
the Atlantic HMS fisheries. The proposed regulations described a
process and criteria for NMFS to approve or deny each request for a
chartering arrangement considering the ecological, economic, and social
impacts of the specific chartering request. Additionally under the
proposed process, NMFS would have evaluated whether the proposed
chartering arrangement provided adequate benefit to the United States,
the Atlantic HMS fishery participants, and the Atlantic HMS quota
management. However, upon further review of the potential socioeconomic
impacts and due to the concerns expressed by the public, including
concerns from constituents who originally requested that HMS modify the
chartering regulations, NMFS has decided not to finalize the proposed
vessel chartering regulatory modifications.
Comment 3: NMFS received a comment stating that NMFS has not put
enough effort into revitalizing the swordfish fishery and that the
vessel chartering modifications would serve as a distraction from other
necessary revitalization efforts.
Response: NMFS has initiated and implemented a number of regulatory
and non-regulatory swordfish fishery revitalization efforts. In June
2007, NMFS published a final rule (72 FR 31688) that amended vessel
upgrading restrictions for pelagic longline (PLL) vessels, removed a
one-time upgrade restriction for all LAP holders, and among other
things, increased incidental and recreational swordfish retention
limits. In July 2008, NMFS published a final rule (73 FR 38144) to
allow Atlantic tunas longline LAPs that had been expired for more than
one year to be renewed by the most recent permit holder of record to
allow increased use of swordfish permits by making available more of
the required associated permits. NMFS has also been involved with
development of the FishWatch website, including swordfish outreach
materials for the website, https://www.nmfs.noaa.gov/fishwatch/,
participation at regional and international seafood shows, development
of swordfish fact sheets, meetings with state representatives and
industry constituents to discuss marketing outreach strategies, and
development of a swordfish revitalization film clip for the Smithsonian
Sant Ocean Hall exhibit. In January 2008, NMFS issued exempted fishing
permits to conduct research in the East Coast and Charleston Bump PLL
closed areas to evaluate existing bycatch reduction measures and
collect baseline data under current fishery conditions. NMFS plans more
to work with state partners, the swordfish industry, and other
constituents to continue to revitalize the swordfish fishery.
Comment 4: NMFS received a comment stating that NMFS did not
include enough detail in the proposed rule regarding limitations that
need to be imposed on chartering arrangements, such as a sunset
provision, quota allocations, and seasonal closures.
Response: The proposed chartering regulations described a process
and criteria for NMFS's evaluation of each potential chartering
request, as well as a detailed list of specific information required to
be included in any chartering arrangement request. The proposed
regulations stated that NMFS would have considered each chartering
request on a case-by-case basis. If NMFS decided to authorize a
chartering arrangement, the written notification from NMFS would have
included the vessel chartering requirements and the terms and
conditions of the chartering arrangement, including expiration date,
data submission requirements, and quota allocations. Thus, the
commenter's concerns would have been addressed.
Comment 5: NMFS received a comment stating that the proposed
chartering modifications would have violated National Standard Four of
the Magnuson-Stevens Act because of the proposal to limit chartering
arrangements to commercial fishermen with an Atlantic HMS LAP.
Response: National Standard 4 requires that conservation and
management measures shall not discriminate between residents of
different States. If it becomes necessary to allocate or assign fishing
privileges among various United States fishermen, such allocation shall
be (A) fair and equitable to all such fishermen; (B) reasonably
calculated to promote conservation; and (C) carried out in such a
manner that no particular individual, cooperation, or other entity
acquires an excessive share of such privileges. NMFS proposed to allow
all Atlantic HMS LAP holders who are authorized to commercially harvest
Atlantic HMS from the U.S. EEZ and on the high seas the ability to
charter a foreign vessel of an ICCAT CPC. With regard to chartering,
the proposed regulations would have only allowed such activities on the
high seas. The Atlantic HMS LAP holders who are currently authorized to
commercially harvest HMS on the high seas would have been chartering
vessels to, essentially, exercise that harvesting privilege on their
behalf. In addition, under the proposed regulations, foreign vessel
owners who entered into a chartering arrangement with an Atlantic HMS
LAP holder would have been required to follow all U.S. regulations that
would have otherwise applied to the Atlantic HMS LAP holder. This
approach was aimed at keeping any resulting chartering arrangements
within the scope of the existing analyzed effects of utilizing Atlantic
HMS quotas on the high seas and does not violate National Standard 4.
However, as NMFS is not finalizing the proposed vessel modifications,
the concerns have been addressed.
4. Changes from the Proposed Rule
Upon further review of potential socioeconomic impacts and concerns
that the proposed regulatory modifications would only benefit inactive
permit holders and would disadvantage the historic and active
commercial swordfish fleet and because of the opposition from the
public regarding the proposed modifications to the vessel chartering
regulations, NMFS has decided not to implement the proposed regulatory
modifications in the final rule. Therefore, the current vessel
chartering regulations at 50 CFR 635.5(a)(5) and 635.32(e) remain
unchanged.
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5. Classification
The Acting Assistant Administrator has determined that this final
rule is consistent with the 2006 Consolidated HMS FMP, the Magnuson-
Stevens Act, ATCA, 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.
Dated: April 1, 2009.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E9-7859 Filed 4-6-09; 8:45 am]
BILLING CODE 3510-22-S
