Atlantic Highly Migratory Species; 2011 North and South Atlantic Swordfish Quotas, 36892-36895 [2011-15641]
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36892
Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Proposed Rules
Dated: June 20, 2011.
Kathleen Sebelius,
Secretary, Department of Health and Human
Services.
[FR Doc. 2011–15703 Filed 6–20–11; 4:15 pm]
BILLING CODE P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 4
[PS Docket No. 11–82; FCC 11–74]
Proposed Extension of Part 4 of the
Commission’s Rules Regarding
Outage Reporting to Interconnected
Voice Over Internet Protocol Service
Providers and Broadband Internet
Service Providers; Correction
Federal Communications
Commission.
ACTION: Proposed rule; correction.
AGENCY:
The Federal Communications
Commission published a document in
the Federal Register of June 9, 2011,
concerning request for comments on a
proposal to extend the Commission’s
communications outage reporting
requirements to interconnected Voice
over Internet Protocol (VoIP) service
providers and broadband Internet
Service Providers (ISPs). The document
contained incorrect information
regarding proposed information
collection.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Gregory Intoccia, Public Safety and
Homeland Security Bureau, at (202)
418–1470, Federal Communications
Commission, 445 12th Street, SW.,
Washington, DC 20554; or via the
Internet to Gregory.Intoccia@fcc.gov.
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Correction
In the Federal Register of June 9,
2011, in FR Doc. 2011–14311, on page
33699, in the third column, correct
paragraph 108 to read:
This document contains proposed
information collection requirements.
The Commission, as part of its
continuing effort to reduce paperwork
burdens, invites the general public and
the Office of Management and Budget
(OMB) to comment on the information
collection requirements contained in
this document, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13. Public and agency
comments are due on or before August
8, 2011, and reply comments are due on
or before October 7, 2011. Comments
should address: (a) Whether the
proposed collection of information is
necessary for the proper performance of
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the functions of the Commission,
including whether the information shall
have practical utility; (b) the accuracy of
the Commission’s burden estimates; (c)
ways to enhance the quality, utility, and
clarity of the information collected; (d)
ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
other forms of information technology;
and (e) way to further reduce the
information collection burden on small
business concerns with fewer than 25
employees. In addition, pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4), we seek specific comment on
how we might further reduce the
information collection burden for small
business concerns with fewer than 25
employees.
OMB Control Number: None.
Title: Communications Outage
Reporting for Interconnected Voice over
Internet Protocol Service Providers,
Broadband Internet Access Service
Providers, and Broadband Backbone
Internet Service Providers.
Type of Review: New collection.
Respondents: Businesses
(Interconnected Voice over Internet
Protocol Service Providers and
Broadband Internet Service Providers).
Number of Respondents and
Responses: 22,000 (estimated) potential
Respondents, but fewer than 2000
outage reports are expected annually.
Estimated Time Per Response: Less
than one hour.
Frequency of Response:
Indeterminate—reporting only required
when Respondent experiences certain
threshold outage conditions; nationwide fewer than 2,000 outage reports are
expected annually.
Obligation To Respond: Under the
proposal, notification would be required
within 2 hours after discovering an
outage reaching threshold conditions;
an initial report would be due within 72
hours after discovering an outage
reaching threshold conditions; and a
final report would be due within 30
days after discovering the outage
reaching threshold conditions.
Total Annual Burden: The same or
similar information is believed to be
collected in the ordinary course of
business and would be submitted
electronically, and therefore the burden
would be minimal.
Total Annual Costs: The same or
similar information is believed to be
collected in the ordinary course of
business and would be submitted
electronically, and therefore cost would
be minimal.
Privacy Act Impact Assessment: N/A.
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Nature and Extent of Confidentiality:
Reporting on confidential basis.
Needs and Uses: To better understand
the causes of, and reduce the outages of
Interconnected Voice over Internet
Protocol Service and Broadband Internet
Service, especially as these outages
affect 911 service.
Statutory Authority: Sections 1, 2, 4(i)–(k),
4(o), 218, 219, 230, 256, 301, 302(a), 303(f),
303(g), 303(j), 303(r), 403, 615a–1, 621(b)(3),
621(d), 1302(a), and 1302(b) of the
Communications Act of 1934, as amended,
47 U.S.C. 151, 152, 154(i)–(k), 154(o), 218,
219, 230, 256, 301, 302(a), 303(f), 303(g),
303(j), 303(r), 403, 615a–1, 621(b)(3), 621(d),
1302(a), and 1302(b), and section 1704 of the
Omnibus Consolidated and Emergency
Supplemental Appropriations Act of 1998, 44
U.S.C. 3504.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2011–15745 Filed 6–22–11; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 110527309–1307–01]
RIN 0648–BA90
Atlantic Highly Migratory Species;
2011 North and South Atlantic
Swordfish Quotas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
This proposed rule would
adjust the North and South Atlantic
swordfish quotas for the 2011 fishing
year to account for 2010 underharvests
and landings. This proposed rule
incorporates International Commission
for the Conservation of Atlantic Tunas
(ICCAT) recommendations 10–02 and
09–03 into the quota adjustments for the
2011 fishing year. These
recommendations extend, through the
2011 fishing year, the previously
established baseline quotas for North
and South Atlantic swordfish. Without
this rule, the United States would be out
of compliance with ICCAT
recommendations.
SUMMARY:
Comments on this proposed rule
may be submitted by July 25, 2011.
DATES:
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Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Proposed Rules
You may submit comments,
identified by RIN 0648–BA90, by any
one of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal at https://
www.regulations.gov.
• Fax: 301–713–1917, Attn: Jennifer
Cudney.
• Mail: 1315 East-West Highway,
Silver Spring, MD 20910.
Instructions: All comments received
are a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
NMFS will accept anonymous
comments (enter N/A in the required
fields, if you wish to remain
anonymous). You may submit
attachments to electronic comments in
Microsoft Word, Excel, WordPerfect, or
Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Jennifer Cudney or Karyl Brewster-Geisz
by phone (301–713–2347) or by fax
(301–713–1917).
Copies of the supporting documents—
including the 2007 Environmental
Assessment (EA), Regulatory Impact
Review (RIR), Final Regulatory
Flexibility Analysis (FRFA), and the
2006 Consolidated Atlantic Highly
Migratory Species (HMS) Fishery
Management Plan (FMP)—are available
from the HMS Web site at https://
www.nmfs.noaa.gov/sfa/hms/.
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. As an active member of ICCAT,
the United States implements the
binding recommendations of ICCAT to
comply with this international treaty.
Under ATCA, Congress granted the
authority to promulgate regulations as
may be necessary and appropriate to
implement binding recommendations of
ICCAT.
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ADDRESSES:
North Atlantic Swordfish Quota
ICCAT recommendation 06–02
established a western North Atlantic
swordfish total allowable catch (TAC) of
14,000 metric tons (mt) whole weight
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(ww) (10,526 mt dressed weight (dw))
through 2008. Of this TAC, the United
States baseline quota was 2,937.6 mt dw
(3,907.3 mt ww) per year. ICCAT
recommendation 08–02 extended
recommendation 06–02 through 2009,
and maintained the U.S. previous years’
quota allocation of 2,937.6 mt dw.
ICCAT recommendation 09–02 reduced
the western North Atlantic TAC to
13,700 mt ww (10,300.8 mt dw) through
2010. Of the 13,700 mt ww TAC, the
United States continued to be allocated
2,937.6 mt dw (3,907.3 mt ww). At the
2010 ICCAT meeting, recommendation
10–02 was adopted for North Atlantic
Swordfish for one year.
Recommendation 10–02 included a total
TAC of 13,700 mt ww, maintained the
previous years’ U.S. quota allocation of
2,937.6 mt dw, and maintained an 18.8
mt dw annual transfer to Canada. ICCAT
recommendation 10–02 also limited the
amount of North Atlantic swordfish
underharvest that can be carried
forward by all Contracting Parties, nonContracting Cooperating Parties, Entities
and Fishing Entities (CPCs) to 50
percent of the baseline quota allocation.
Therefore, the United States may carry
over a maximum of 1,468.8 mt dw of
underharvests from the previous year
(2010) to be added to the 2011 baseline
quota.
This proposed rule would adjust the
U.S baseline quota for the 2011 fishing
year to account for the 2010
underharvests. The 2011 North Atlantic
swordfish baseline quota is 2,937.6 mt
dw. The preliminary North Atlantic
swordfish underharvest for 2010 was
2,921.10 mt dw, which exceeds the
maximum carryover cap of 1,468.8 mt
dw. Therefore, NMFS proposes to carry
forward the capped amount per the
ICCAT recommendation 10–02. The
baseline quota plus the underharvest
carryover maximum of 1,468.8 mt dw
equals 4,406.4 mt dw, which is the
proposed adjusted quota for the 2011
fishing year. From that proposed
adjusted quota, the directed category
would be allocated 3,677.1 mt dw that
would be split equally into two seasons
in 2010 (January through June, and July
through December). The reserve
category would be reduced from a quota
of 448.1 mt dw to 429.3 mt dw due to
the transfer of 18.8 mt dw to Canada per
recommendation 10–02 (Table 1). This
proposed rule would also allocate 300
mt dw to the incidental category, which
includes recreational landings for the
2011 fishing season, per § 635.27
(c)(1)(i)(B). These landings are based on
preliminary data. As late reports are
received and the data go through a
quality control process, some data may
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36893
change. Any changes will be described
in the final rule, as appropriate.
South Atlantic Swordfish Quota
ICCAT recommendation 06–03
established the South Atlantic
swordfish TAC at 17,000 mt ww for
2007, 2008, and 2009. Of this, the
United States received 75.2 mt dw (100
mt ww). As with the North Atlantic
swordfish recommendation, ICCAT
recommendation 06–03 established a
cap on the amount of underharvest that
can be carried forward. For South
Atlantic swordfish, the United States is
limited to carrying forward 100 percent
(75.2 mt dw). The most recent South
Atlantic swordfish measure,
recommendation 09–03, is a 3-year
measure that reduced the TAC to 15,000
mt dw but maintains the previous years’
U.S. quota share of 75.2 mt dw (100 mt
ww) through 2012.
ICCAT recommendation 09–03 also
requires that a total of 75.2 mt dw (100
mt ww) of the U.S. South Atlantic
swordfish quota be transferred to other
countries. These transfers are 37.6 mt
dw (50 mt ww) to Namibia, 18.8 mt dw
(25 mt ww) to Cote d’Ivore, and 18.8 mt
dw (25 mt ww) to Belize. In 2010, the
75.2 mt dw that was transferred to these
countries came entirely from the 2009
U.S. underharvested quota. In 2010,
U.S. fishermen landed 0.2 mt dw of the
U.S. quota. As such, due to 2010
landings of 0.2 mt dw, the United States
only has 75.0 mt dw of the 2010
underharvest available for transfer and
must transfer the remaining 0.2 mt dw
from the 2011 baseline quota. Therefore,
the 2011 adjusted quota for South
Atlantic swordfish is 75.0 mt dw (Table
1).
Impacts
In recent years, the United States has
not caught its entire swordfish quota.
Beginning in 2007, the amount of
underharvest that was available for
carryover was capped at 50 percent of
the quota for North Atlantic swordfish,
and 100 percent for South Atlantic
swordfish. The proposed adjusted quota
for the North Atlantic swordfish, after
accounting for the 2010 underharvests
and annual transfer to Canada, would be
the same in 2011 as the 2007 adjusted
quota specifically examined in the
Environmental Assessment (EA) that
was prepared for the 2007 Swordfish
Quota Specification Final Rule
published on October 5, 2007 (72 FR
56929). While the 2011 baseline quota
for South Atlantic swordfish is the same
as that examined in the above
mentioned EA, the proposed adjusted
quota for the South Atlantic swordfish,
after accounting for the 2010 landings
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Federal Register / Vol. 76, No. 121 / Thursday, June 23, 2011 / Proposed Rules
and the transfer to other countries,
would be 0.2 mt dw less than the
adjusted quota examined in the EA. The
quota adjustments would not increase
overall quotas and are not expected to
increase fishing effort, protected species
interactions, or environmental effects
beyond those considered in the EA
mentioned above. Therefore, because
there would be no changes to the
swordfish management measures in this
proposed rule, or the affected
environment or any environmental
effects that have not been previously
analyzed, NMFS has determined that
the proposed rule and impacts to the
human environment as a result of the
quota adjustments are not significant
and therefore additional NEPA analysis
beyond that discussed in the 2007 EA is
not required.
Administrative Change
This proposed rule also makes a
minor modification to the regulatory
text. In the proposed rule establishing
the 2003 swordfish quotas for the North
and South Atlantic fisheries (68 FR
36967; June 20, 2003), NMFS proposed
several changes to the regulatory text. In
that proposed rule, NMFS included the
sentence ‘‘The annual incidental
category quota is 300 mt dw for each
fishing year.’’ That sentence had been in
the regulations for several years
previous to that proposed rule. NMFS
recently noticed that that sentence was
inadvertently removed in the final rule
(69 FR 68090; November 23, 2004) that
finalized the swordfish quotas for that
fishing year. NMFS proposes to reinstate
that sentence in the regulatory text.
TABLE 1—LANDINGS AND QUOTAS FOR THE ATLANTIC SWORDFISH FISHERIES (2007–2011)
North Atlantic Swordfish quota (mt dw)
2007
2008
2009
** 2010
2011
Baseline Quota ........................................................................................
2,937.6
2,937.6
2,937.6
2,937.6
2,937.6
Quota Carried Over .................................................................................
1,468.8
1,468.8
1,468.8
1,468.8
1,468.8
Adjusted quota .........................................................................................
4,406.4
4,406.4
4,406.4
4,406.4
4,406.4
Quota Allocation ...........................
Directed Category .........................
Incidental Category .......................
Reserve Category .........................
Landings .......................................
Reserve Transfer to Canada ........
3,601.9
300.0
504.5
1,907.3
18.8
3,620.7
300.0
485.7
1,752.7
18.8
3,639.5
300.0
466.9
2,027.0
18.8
3,658.3
300.0
448.1
** 1,466.5
18.8
3,677.1
300.0
429.3
TBD
18.8
Total Underharvest ..................................................................................
2,480.3
2,634.9
2,360.6
** 2,921.1
TBD
Dead Discards .........................................................................................
Carryover Available + ...............................................................................
109.8
1,468.8
149.8
1,468.8
106.8
1,468.8
TBD
1,468.8
TBD
TBD
Utilized Quota ...............................
South Atlantic Swordfish Quota (mt dw)
2007
Baseline Quota ........................................................................................
Quota Carried Over .................................................................................
Adjusted quota .........................................................................................
Landings ..................................................................................................
Carryover Available ..................................................................................
2008
75.2
75.2
150.4
0.0
75.2
2009
75.2
75.2
150.4
0.0
75.2
75.2
75.2
75.2
0.0
75.2
** 2010
75.2
* 0.0
75.2
** 0.2
75.0
2011
75.2
* ¥0.2
75.0
TBD
TBD
+ Under harvest is capped at 50 percent of the baseline quota allocation for the North Atlantic and 75.2 dw (100 mt ww) for the South Atlantic.
* Under 09–03, 100 mt ww of the U.S. underharvest and base quota, as necessary, was transferred to Namibia (37.6 mt dw, 50 mt ww), Cote
d’Ivore (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25 mt ww).
** 2010 landings data are preliminary and are subject to change based on the 2011 ICCAT National Report.
Public Hearings
Public hearings on this proposed rule
are not currently scheduled. If you
would like to request a public hearing
please contact Jennifer Cudney or Karyl
Brewster-Geisz by phone at 301–713–
2347.
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Classification
The NMFS Assistant Administrator
has determined that this proposed rule
is consistent with the Consolidated
HMS FMP, the Magnuson-Stevens Act,
ATCA, and other applicable law, subject
to further consideration after public
comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
The Chief Council for Regulation of
the Department of Commerce certified
to the Chief Council for Advocacy of the
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15:03 Jun 22, 2011
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Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities
because the United States is not
expected to catch its entire quota, and
the quota adjustments are the same in
2011 as they were in 2007, 2008, 2009,
and 2010.
The National Marine Fisheries Service
(NMFS) published a final rule on
October 5, 2007 (72 FR 56929), that
established the 2,937.6 metric tons (mt)
dressed weight (dw) and 75.2 mt dw
yearly baseline quotas for the North and
South Atlantic swordfish, respectively;
established an underharvest carryover
cap of 50 percent of the baseline quota
for North Atlantic swordfish and 100
percent of the baseline quota for South
Atlantic swordfish; and transferred 18.8
mt dw of quota to Canada from the
reserve category in the North Atlantic.
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These actions were based upon the
ICCAT recommendations 06–02 for
North Atlantic swordfish and 06–03 for
South Atlantic swordfish. Under ATCA,
the United States may promulgate
regulations as necessary and appropriate
to implement binding recommendations
of ICCAT.
At the 2010 ICCAT meeting,
recommendation 10–02 was adopted for
North Atlantic Swordfish for one year.
Recommendation 10–02 maintains the
U.S. previous years’ quota allocation of
2,937.6 mt dw as well as an 18.8 mt dw
annual transfer to Canada. As such, the
proposed 2011 adjusted quota is 4,406.4
mt dw for North Atlantic swordfish.
This proposed rule would also adjust
the 2011 baseline quota for the South
Atlantic swordfish fisheries for the 2011
fishing year (January 1, 2011, through
December 31, 2011) to account for 2010
underharvests per § 635.27(c) based on
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ICCAT recommendation 09–03. The
ICCAT South Atlantic swordfish
measure, recommendation 09–03, is a
3-year measure that maintains the U.S.
quota share of 75.2 mt dw (100 mt
whole weight (ww)). Recommendation
09–03 also states that a total of 75.2 mt
dw (100 mt ww) of the U.S. South
Atlantic swordfish quota be transferred
to other countries. These transfers have
been drawn from underharvests rolled
over from the previous year. Due to
2010 landings of 0.2 mt dw, the United
States can only transfer 75.0 mt dw of
underharvest in 2011; the remaining 0.2
mt must be transferred from the baseline
quota. These transfers are 37.6 mt dw
(50 mt ww) to Namibia, 18.8 mt dw (25
mt ww) to Cote d’Ivore, and 18.8 mt dw
(25 mt ww) to Belize. Therefore, the
proposed 2011 adjusted quota is 75.0 mt
dw for South Atlantic swordfish (Table
1).
The commercial swordfish fishery is
comprised of fishermen who hold a
swordfish directed, incidental, or
handgear limited access permit (LAP)
and the related industries, including
processors, bait houses, and equipment
suppliers, all of which NMFS considers
to be small entities according to the size
standards set by the Small Business
Administration. As of October 2010,
there were approximately 177 fishermen
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with a directed swordfish LAP, 72
fishermen with an incidental swordfish
LAP, and 75 fishermen with a handgear
LAP for swordfish. Based on the 2009
swordfish ex-vessel price per pound of
$3.49, the 2011 North and South
Atlantic swordfish baseline quotas
could result in gross revenues of
$22,602,050 (6,476,232 lbs dw * $3.49)
and $577,054 (165,345 lbs dw * $3.49),
respectively, if the quotas were fully
utilized. Under the adjusted quotas, the
gross revenues could be $33,903,080
and $577,054, respectively, for fully
utilized quotas. Potential revenues on a
per vessel basis, considering a total of
324 swordfish permit holders, could be
$104,639 for the North Atlantic
swordfish fishery and $1,781 for the
South Atlantic swordfish fishery.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels,
Foreign relations, Imports, Penalties,
Reporting and recordkeeping
requirements, Treaties.
Dated: June 17, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 635 is proposed
to be amended as follows:
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36895
PART 635—ATLANTIC HIGHLY
MIGRATORY SPECIES
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.
2. In § 635.27, paragraph (c)(1)(i)(B) is
revised to read as follows:
§ 635.27
Quotas.
*
*
*
*
*
(c) * * *
(1) * * *
(i) * * *
(B) A swordfish from the North
Atlantic swordfish stock landed by a
vessel for which an incidental catch
permit for swordfish or an HMS Angling
or Charter/Headboat permit has been
issued, or caught after the effective date
of a closure of the directed fishery from
a vessel for which a directed fishery
permit or a handgear permit for
swordfish has been issued, is counted
against the incidental catch quota. The
annual incidental category quota is 300
mt dw for each fishing year.
*
*
*
*
*
[FR Doc. 2011–15641 Filed 6–17–11; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 76, Number 121 (Thursday, June 23, 2011)]
[Proposed Rules]
[Pages 36892-36895]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-15641]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 110527309-1307-01]
RIN 0648-BA90
Atlantic Highly Migratory Species; 2011 North and South Atlantic
Swordfish Quotas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would adjust the North and South Atlantic
swordfish quotas for the 2011 fishing year to account for 2010
underharvests and landings. This proposed rule incorporates
International Commission for the Conservation of Atlantic Tunas (ICCAT)
recommendations 10-02 and 09-03 into the quota adjustments for the 2011
fishing year. These recommendations extend, through the 2011 fishing
year, the previously established baseline quotas for North and South
Atlantic swordfish. Without this rule, the United States would be out
of compliance with ICCAT recommendations.
DATES: Comments on this proposed rule may be submitted by July 25,
2011.
[[Page 36893]]
ADDRESSES: You may submit comments, identified by RIN 0648-BA90, by any
one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal at https://www.regulations.gov.
Fax: 301-713-1917, Attn: Jennifer Cudney.
Mail: 1315 East-West Highway, Silver Spring, MD 20910.
Instructions: All comments received are a part of the public record
and will generally be posted to https://www.regulations.gov without
change. All Personal Identifying Information (for example, name,
address, etc.) voluntarily submitted by the commenter may be publicly
accessible. Do not submit Confidential Business Information or
otherwise sensitive or protected information.
NMFS will accept anonymous comments (enter N/A in the required
fields, if you wish to remain anonymous). You may submit attachments to
electronic comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF
file formats only.
FOR FURTHER INFORMATION CONTACT: Jennifer Cudney or Karyl Brewster-
Geisz by phone (301-713-2347) or by fax (301-713-1917).
Copies of the supporting documents--including the 2007
Environmental Assessment (EA), Regulatory Impact Review (RIR), Final
Regulatory Flexibility Analysis (FRFA), and the 2006 Consolidated
Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP)--
are available from the HMS Web site at https://www.nmfs.noaa.gov/sfa/hms/.
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. As an active member of ICCAT, the United States
implements the binding recommendations of ICCAT to comply with this
international treaty. Under ATCA, Congress granted the authority to
promulgate regulations as may be necessary and appropriate to implement
binding recommendations of ICCAT.
North Atlantic Swordfish Quota
ICCAT recommendation 06-02 established a western North Atlantic
swordfish total allowable catch (TAC) of 14,000 metric tons (mt) whole
weight (ww) (10,526 mt dressed weight (dw)) through 2008. Of this TAC,
the United States baseline quota was 2,937.6 mt dw (3,907.3 mt ww) per
year. ICCAT recommendation 08-02 extended recommendation 06-02 through
2009, and maintained the U.S. previous years' quota allocation of
2,937.6 mt dw. ICCAT recommendation 09-02 reduced the western North
Atlantic TAC to 13,700 mt ww (10,300.8 mt dw) through 2010. Of the
13,700 mt ww TAC, the United States continued to be allocated 2,937.6
mt dw (3,907.3 mt ww). At the 2010 ICCAT meeting, recommendation 10-02
was adopted for North Atlantic Swordfish for one year. Recommendation
10-02 included a total TAC of 13,700 mt ww, maintained the previous
years' U.S. quota allocation of 2,937.6 mt dw, and maintained an 18.8
mt dw annual transfer to Canada. ICCAT recommendation 10-02 also
limited the amount of North Atlantic swordfish underharvest that can be
carried forward by all Contracting Parties, non-Contracting Cooperating
Parties, Entities and Fishing Entities (CPCs) to 50 percent of the
baseline quota allocation. Therefore, the United States may carry over
a maximum of 1,468.8 mt dw of underharvests from the previous year
(2010) to be added to the 2011 baseline quota.
This proposed rule would adjust the U.S baseline quota for the 2011
fishing year to account for the 2010 underharvests. The 2011 North
Atlantic swordfish baseline quota is 2,937.6 mt dw. The preliminary
North Atlantic swordfish underharvest for 2010 was 2,921.10 mt dw,
which exceeds the maximum carryover cap of 1,468.8 mt dw. Therefore,
NMFS proposes to carry forward the capped amount per the ICCAT
recommendation 10-02. The baseline quota plus the underharvest
carryover maximum of 1,468.8 mt dw equals 4,406.4 mt dw, which is the
proposed adjusted quota for the 2011 fishing year. From that proposed
adjusted quota, the directed category would be allocated 3,677.1 mt dw
that would be split equally into two seasons in 2010 (January through
June, and July through December). The reserve category would be reduced
from a quota of 448.1 mt dw to 429.3 mt dw due to the transfer of 18.8
mt dw to Canada per recommendation 10-02 (Table 1). This proposed rule
would also allocate 300 mt dw to the incidental category, which
includes recreational landings for the 2011 fishing season, per Sec.
635.27 (c)(1)(i)(B). These landings are based on preliminary data. As
late reports are received and the data go through a quality control
process, some data may change. Any changes will be described in the
final rule, as appropriate.
South Atlantic Swordfish Quota
ICCAT recommendation 06-03 established the South Atlantic swordfish
TAC at 17,000 mt ww for 2007, 2008, and 2009. Of this, the United
States received 75.2 mt dw (100 mt ww). As with the North Atlantic
swordfish recommendation, ICCAT recommendation 06-03 established a cap
on the amount of underharvest that can be carried forward. For South
Atlantic swordfish, the United States is limited to carrying forward
100 percent (75.2 mt dw). The most recent South Atlantic swordfish
measure, recommendation 09-03, is a 3-year measure that reduced the TAC
to 15,000 mt dw but maintains the previous years' U.S. quota share of
75.2 mt dw (100 mt ww) through 2012.
ICCAT recommendation 09-03 also requires that a total of 75.2 mt dw
(100 mt ww) of the U.S. South Atlantic swordfish quota be transferred
to other countries. These transfers are 37.6 mt dw (50 mt ww) to
Namibia, 18.8 mt dw (25 mt ww) to Cote d'Ivore, and 18.8 mt dw (25 mt
ww) to Belize. In 2010, the 75.2 mt dw that was transferred to these
countries came entirely from the 2009 U.S. underharvested quota. In
2010, U.S. fishermen landed 0.2 mt dw of the U.S. quota. As such, due
to 2010 landings of 0.2 mt dw, the United States only has 75.0 mt dw of
the 2010 underharvest available for transfer and must transfer the
remaining 0.2 mt dw from the 2011 baseline quota. Therefore, the 2011
adjusted quota for South Atlantic swordfish is 75.0 mt dw (Table 1).
Impacts
In recent years, the United States has not caught its entire
swordfish quota. Beginning in 2007, the amount of underharvest that was
available for carryover was capped at 50 percent of the quota for North
Atlantic swordfish, and 100 percent for South Atlantic swordfish. The
proposed adjusted quota for the North Atlantic swordfish, after
accounting for the 2010 underharvests and annual transfer to Canada,
would be the same in 2011 as the 2007 adjusted quota specifically
examined in the Environmental Assessment (EA) that was prepared for the
2007 Swordfish Quota Specification Final Rule published on October 5,
2007 (72 FR 56929). While the 2011 baseline quota for South Atlantic
swordfish is the same as that examined in the above mentioned EA, the
proposed adjusted quota for the South Atlantic swordfish, after
accounting for the 2010 landings
[[Page 36894]]
and the transfer to other countries, would be 0.2 mt dw less than the
adjusted quota examined in the EA. The quota adjustments would not
increase overall quotas and are not expected to increase fishing
effort, protected species interactions, or environmental effects beyond
those considered in the EA mentioned above. Therefore, because there
would be no changes to the swordfish management measures in this
proposed rule, or the affected environment or any environmental effects
that have not been previously analyzed, NMFS has determined that the
proposed rule and impacts to the human environment as a result of the
quota adjustments are not significant and therefore additional NEPA
analysis beyond that discussed in the 2007 EA is not required.
Administrative Change
This proposed rule also makes a minor modification to the
regulatory text. In the proposed rule establishing the 2003 swordfish
quotas for the North and South Atlantic fisheries (68 FR 36967; June
20, 2003), NMFS proposed several changes to the regulatory text. In
that proposed rule, NMFS included the sentence ``The annual incidental
category quota is 300 mt dw for each fishing year.'' That sentence had
been in the regulations for several years previous to that proposed
rule. NMFS recently noticed that that sentence was inadvertently
removed in the final rule (69 FR 68090; November 23, 2004) that
finalized the swordfish quotas for that fishing year. NMFS proposes to
reinstate that sentence in the regulatory text.
Table 1--Landings and Quotas for the Atlantic Swordfish Fisheries (2007-2011)
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
North Atlantic Swordfish quota (mt dw) 2007 2008 2009 ** 2010 2011
----------------------------------------------------------------------------------------------------------------
Baseline Quota................................. 2,937.6 2,937.6 2,937.6 2,937.6 2,937.6
----------------------------------------------------------------------------------------------------------------
Quota Carried Over............................. 1,468.8 1,468.8 1,468.8 1,468.8 1,468.8
----------------------------------------------------------------------------------------------------------------
Adjusted quota................................. 4,406.4 4,406.4 4,406.4 4,406.4 4,406.4
----------------------------------------------------------------------------------------------------------------
Quota Allocation............. Directed 3,601.9 3,620.7 3,639.5 3,658.3 3,677.1
Category.
Incidental 300.0 300.0 300.0 300.0 300.0
Category.
Reserve Category 504.5 485.7 466.9 448.1 429.3
Utilized Quota............... Landings........ 1,907.3 1,752.7 2,027.0 ** 1,466.5 TBD
Reserve Transfer 18.8 18.8 18.8 18.8 18.8
to Canada.
----------------------------------------------------------------------------------------------------------------
Total Underharvest............................. 2,480.3 2,634.9 2,360.6 ** 2,921.1 TBD
----------------------------------------------------------------------------------------------------------------
Dead Discards.................................. 109.8 149.8 106.8 TBD TBD
Carryover Available \+\........................ 1,468.8 1,468.8 1,468.8 1,468.8 TBD
----------------------------------------------------------------------------------------------------------------
South Atlantic Swordfish Quota (mt dw) 2007 2008 2009 ** 2010 2011
----------------------------------------------------------------------------------------------------------------
Baseline Quota................................. 75.2 75.2 75.2 75.2 75.2
Quota Carried Over............................. 75.2 75.2 75.2 * 0.0 * -0.2
Adjusted quota................................. 150.4 150.4 75.2 75.2 75.0
Landings....................................... 0.0 0.0 0.0 ** 0.2 TBD
Carryover Available............................ 75.2 75.2 75.2 75.0 TBD
----------------------------------------------------------------------------------------------------------------
+ Under harvest is capped at 50 percent of the baseline quota allocation for the North Atlantic and 75.2 dw (100
mt ww) for the South Atlantic.
* Under 09-03, 100 mt ww of the U.S. underharvest and base quota, as necessary, was transferred to Namibia (37.6
mt dw, 50 mt ww), Cote d'Ivore (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25 mt ww).
** 2010 landings data are preliminary and are subject to change based on the 2011 ICCAT National Report.
Public Hearings
Public hearings on this proposed rule are not currently scheduled.
If you would like to request a public hearing please contact Jennifer
Cudney or Karyl Brewster-Geisz by phone at 301-713-2347.
Classification
The NMFS Assistant Administrator has determined that this proposed
rule is consistent with the Consolidated HMS FMP, the Magnuson-Stevens
Act, ATCA, and other applicable law, subject to further consideration
after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
The Chief Council for Regulation of the Department of Commerce
certified to the Chief Council for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities
because the United States is not expected to catch its entire quota,
and the quota adjustments are the same in 2011 as they were in 2007,
2008, 2009, and 2010.
The National Marine Fisheries Service (NMFS) published a final rule
on October 5, 2007 (72 FR 56929), that established the 2,937.6 metric
tons (mt) dressed weight (dw) and 75.2 mt dw yearly baseline quotas for
the North and South Atlantic swordfish, respectively; established an
underharvest carryover cap of 50 percent of the baseline quota for
North Atlantic swordfish and 100 percent of the baseline quota for
South Atlantic swordfish; and transferred 18.8 mt dw of quota to Canada
from the reserve category in the North Atlantic. These actions were
based upon the ICCAT recommendations 06-02 for North Atlantic swordfish
and 06-03 for South Atlantic swordfish. Under ATCA, the United States
may promulgate regulations as necessary and appropriate to implement
binding recommendations of ICCAT.
At the 2010 ICCAT meeting, recommendation 10-02 was adopted for
North Atlantic Swordfish for one year. Recommendation 10-02 maintains
the U.S. previous years' quota allocation of 2,937.6 mt dw as well as
an 18.8 mt dw annual transfer to Canada. As such, the proposed 2011
adjusted quota is 4,406.4 mt dw for North Atlantic swordfish.
This proposed rule would also adjust the 2011 baseline quota for
the South Atlantic swordfish fisheries for the 2011 fishing year
(January 1, 2011, through December 31, 2011) to account for 2010
underharvests per Sec. 635.27(c) based on
[[Page 36895]]
ICCAT recommendation 09-03. The ICCAT South Atlantic swordfish measure,
recommendation 09-03, is a 3-year measure that maintains the U.S. quota
share of 75.2 mt dw (100 mt whole weight (ww)). Recommendation 09-03
also states that a total of 75.2 mt dw (100 mt ww) of the U.S. South
Atlantic swordfish quota be transferred to other countries. These
transfers have been drawn from underharvests rolled over from the
previous year. Due to 2010 landings of 0.2 mt dw, the United States can
only transfer 75.0 mt dw of underharvest in 2011; the remaining 0.2 mt
must be transferred from the baseline quota. These transfers are 37.6
mt dw (50 mt ww) to Namibia, 18.8 mt dw (25 mt ww) to Cote d'Ivore, and
18.8 mt dw (25 mt ww) to Belize. Therefore, the proposed 2011 adjusted
quota is 75.0 mt dw for South Atlantic swordfish (Table 1).
The commercial swordfish fishery is comprised of fishermen who hold
a swordfish directed, incidental, or handgear limited access permit
(LAP) and the related industries, including processors, bait houses,
and equipment suppliers, all of which NMFS considers to be small
entities according to the size standards set by the Small Business
Administration. As of October 2010, there were approximately 177
fishermen with a directed swordfish LAP, 72 fishermen with an
incidental swordfish LAP, and 75 fishermen with a handgear LAP for
swordfish. Based on the 2009 swordfish ex-vessel price per pound of
$3.49, the 2011 North and South Atlantic swordfish baseline quotas
could result in gross revenues of $22,602,050 (6,476,232 lbs dw *
$3.49) and $577,054 (165,345 lbs dw * $3.49), respectively, if the
quotas were fully utilized. Under the adjusted quotas, the gross
revenues could be $33,903,080 and $577,054, respectively, for fully
utilized quotas. Potential revenues on a per vessel basis, considering
a total of 324 swordfish permit holders, could be $104,639 for the
North Atlantic swordfish fishery and $1,781 for the South Atlantic
swordfish fishery.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Treaties.
Dated: June 17, 2011.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 635 is
proposed to be amended as follows:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
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.
2. In Sec. 635.27, paragraph (c)(1)(i)(B) is revised to read as
follows:
Sec. 635.27 Quotas.
* * * * *
(c) * * *
(1) * * *
(i) * * *
(B) A swordfish from the North Atlantic swordfish stock landed by a
vessel for which an incidental catch permit for swordfish or an HMS
Angling or Charter/Headboat permit has been issued, or caught after the
effective date of a closure of the directed fishery from a vessel for
which a directed fishery permit or a handgear permit for swordfish has
been issued, is counted against the incidental catch quota. The annual
incidental category quota is 300 mt dw for each fishing year.
* * * * *
[FR Doc. 2011-15641 Filed 6-17-11; 8:45 am]
BILLING CODE 3510-22-P
