Atlantic Highly Migratory Species; North and South Atlantic 2013 Commercial Swordfish Quotas, 28758-28760 [2013-11720]

Download as PDF 28758 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations Contractor Registration’’ and adding ‘‘System for Award Management’’ in its place. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 10. Revise section 252.204–7004 to read as follows: ■ 252.204–7004 Alternate A, System for Award Management. erowe on DSK2VPTVN1PROD with RULES ALTERNATE A, SYSTEM FOR AWARD MANAGEMENT (DATE) As prescribed in 204.1105, substitute the following paragraph (a) for paragraph (a) of the provision at FAR 52.204–7: (a) Definitions. As used in this clause— ‘‘System for Award Management (SAM) database’’ means the primary Government repository for contractor information required for the conduct of business with the Government. ‘‘Commercial and Government Entity (CAGE) code’’ means— (1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or (2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an ‘‘NCAGE code.’’ ‘‘Data Universal Numbering System (DUNS) number’’ means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. ‘‘Data Universal Numbering System +4 (DUNS+4) number’’ means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional SAM records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR 32.11) for the same parent concern. ‘‘Registered in the System for Award Management (SAM) database’’ means that— (1) The contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, and Contractor and Government Entity (CAGE) code into the SAM database; (2) The contractor has completed the Core Data, Assertions, Representations and Certifications, and Points of Contact sections of the registration in the SAM database; (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The Contractor will be required to provide consent for TIN validation to the Government as part of the SAM registration process; and (4) The Government has marked the record ‘‘Active.’’ 11. Amend section 252.204–7007 by— a. Removing the clause date ‘‘(JUL 2012)’’ and adding ‘‘(DATE)’’ in its place; ■ ■ VerDate Mar<15>2010 14:43 May 15, 2013 Jkt 229001 b. In paragraph (d)(1) introductory text, removing the word ‘‘ORCA’’ and adding ‘‘the System for Award Management (SAM) database’’ in its place; ■ c. In paragraph (d)(2) introductory text, removing the word ‘‘ORCA’’ and adding the word ‘‘SAM’’ on its place; ■ d. In paragraph (e), removing ‘‘Online Representations and Certifications Application (ORCA)’’ and adding the word ‘‘SAM’’ in its place; and ■ e. Revising last sentence of paragraph (e). The revised text reads as follows: ■ 252.204–7007 Alternate A, Annual Representations and Certifications. * * * * * Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database. * * * * * 252.232–7006 252.232–7011 Payments in Support of Emergencies and Contingency Operations. * * * * * (c) * * * (2) * * * (ix) * * * (B) If electronic funds transfer banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct electronic funds transfer banking information in accordance with the applicable solicitation provision (e.g., FAR 52.232–38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., FAR 52.232–33, Payment by Electronic Funds Transfer—System for Award Management, or FAR 52.232–34, Payment by Electronic Funds Transfer— Other Than System for Award Management), or applicable agency procedures. * * * * * ■ [Amended] 14. Amend section 252.245–7004 by— PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 APPENDIX F TO CHAPTER 2— [AMENDED] 15. In appendix F to chapter 2, amend section F–301 by— ■ a. In paragraph (a)(3)(iii), removing ‘‘CCR (Central Contractor Registration)’’ and adding ‘‘System for Award Management (SAM)’’ in its place; and ■ b. In paragraph (a)(4), removing the word ‘‘CCR’’ and adding the word ‘‘SAM’’ in its place. ■ [FR Doc. 2013–11398 Filed 5–15–13; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF COMMERCE [Amended] 12. Amend section 252.232–7006 by— a. Removing the clause date ‘‘(JUN 2012)’’ and adding ‘‘(DATE)’’ in its place; and ■ b. In paragraph (c)(1), removing ‘‘Central Contractor Registration’’ and adding ‘‘System for Award Management’’ in its place. ■ 13. Amend section 252.232–7011 by— ■ a. Removing the clause date ‘‘(JUL 2010)’’ and adding ‘‘(DATE)’’ in its place; and ■ b. Revising paragraph (c)(2)(ix)(B) to read as follows: ■ ■ 252.245–7004 a. Removing the clause date ‘‘(APR 2012)’’ and adding ‘‘(DATE)’’ in its place; and ■ b. In paragraph (a)(3)(i), removing ‘‘Excluded Parties Listing (EPLS) (https://www.epls.gov/)’’ and adding ‘‘System for Award Management Exclusions located at https:// www.acquisition.gov’’ in its place. ■ National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 121101598–3455–02] RIN 0648–XC334 Atlantic Highly Migratory Species; North and South Atlantic 2013 Commercial Swordfish Quotas National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: This final rule adjusts the 2013 fishing season quotas for North and South Atlantic swordfish based upon 2012 commercial quota underharvests and international quota transfers consistent with the International Commission for the Conservation of Atlantic Tunas (ICCAT) Recommendations 11–02 and 12–01. This final rule will affect 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 from June 15, 2013 through December 31, 2013. ADDRESSES: Copies of the supporting documents—including the 2012 SUMMARY: E:\FR\FM\16MYR1.SGM 16MYR1 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations 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 Atlantic 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 Steve Durkee by phone at 202–670–6637 or Jennifer Cudney by phone at 301–427–8503. FOR FURTHER INFORMATION CONTACT: Steve Durkee by phone at 202–670– 6637, Jennifer Cudney by phone at 301– 427–8503, or by fax: 301–713–1917. SUPPLEMENTARY INFORMATION: Background The U.S. Atlantic 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. The United States implements ICCAT recommendations under ATCA, through regulations as may be necessary and appropriate. For North Atlantic swordfish, this final action maintains the U.S. baseline quota of 2,937.6 metric tons (mt) dressed weight (dw) for North Atlantic swordfish, implements the quota transfer of 112.8 mt dw from the United States to Morocco, and carries over the maximum 2012 underharvest pursuant to Recommendation 11–02. 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 mt dw of 2012 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 as required by ICCAT recommendation. erowe on DSK2VPTVN1PROD with RULES North Atlantic Swordfish Quota At the 2011 ICCAT annual meeting, Recommendation 11–02 was adopted, maintaining the North Atlantic swordfish total allowable catch (TAC) of 10,301 mt dw (13,700 mt ww) through 2013. Of this TAC, the United States baseline quota is 2,937.6 mt dw (3,907 mt ww) per year. ICCAT Recommendation 11–02 also includes a 112.8 mt dw (150 mt ww) annual quota transfer from the United States to Morocco and limits allowable underharvest carryover to 25 percent of a contracting party’s baseline quota. Therefore, the United States may carry VerDate Mar<15>2010 14:43 May 15, 2013 Jkt 229001 over a maximum of 734.4 mt dw (976.8 mt ww) of underharvest from the previous year (2012) to be added to the 2013 baseline quota. This final rule adjusts the U.S. baseline quota for the 2013 fishing year to account for the annual quota transfer to Morocco and the 2012 underharvest. The 2013 North Atlantic swordfish baseline quota is 2,937.6 mt dw (3,907 mt ww). As of February 28, 2013, the North Atlantic swordfish underharvest for 2012 was 1,169.2 mt dw (1,555.6 mt ww), which exceeds the maximum carryover cap of 734.4 mt dw (976.8 mt ww). Therefore, we are carrying forward the maximum amount allowed per ICCAT Recommendation 11–02. The 2,937.6 mt dw (3,907 mt ww) baseline quota is reduced by the 112.8 mt dw (150 mt ww) annual quota transfer to Morocco and increased by the underharvest carryover maximum of 734.4 mt dw (976.8 mt ww), resulting in 3,559.2 mt dw (4733.7 mt ww), which is the adjusted North Atlantic swordfish quota for the 2013 fishing year. From that adjusted quota, we are allocating the directed category 3,209.2 mt dw (4,268.2 mt ww), which is split equally into two seasons (January through June, and July through December). Fifty mt dw (66.5 mt ww) from the adjusted quota is allocated to the reserve category for inseason adjustments and research, and 300 mt dw (399 mt ww) from the adjusted quota is allocated to the incidental category, which includes recreational landings and catch by incidental swordfish permit holders, for the 2013 fishing season, per HMS regulations at 50 CFR 635.27(c)(1)(i)(B) (see Table 1). The underharvest carryover noted above was calculated based on a landings estimate, which is based on commercial dealer reports and reports by anglers in the HMS Non-Tournament Recreational Swordfish and Billfish Landings Database and the Recreational Billfish Survey received as of February 28, 2013, and does not include an estimate of dead discards. The dead discard estimate is calculated using observer sampling data and logbook reported effort levels and is generally not available until the summer of each year. However, we do not expect the final dead discard estimate to be large enough to change the total underharvest carryover. For the dead discard estimate to change the underharvest carryover, the estimate would have to exceed 435.2 mt dw. Since 2007, the average annual dead discard estimate is 113 mt dw and, in 2011, dead discards were estimated to equal 101.5 mt dw. Thus, because these estimates are significantly lower than 435.2 mt dw and because there has PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 28759 not been a significant change in the manner in which swordfish are fished, we do not believe the 2012 dead discard estimate will be large enough to change the total underharvest carryover available or the resulting adjusted quota. If the dead discard estimate exceeds 435.2 mt dw, we will take additional action to either adjust the 2013 quota accordingly or adjust the 2014 quota, as appropriate. South Atlantic Swordfish Quota In 2006, 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 limited the amount of underharvest that can be carried forward. For South Atlantic swordfish, the United States may carry forward up to 100 percent of the baseline quota (75.2 mt dw). In 2009, Recommendation 09–03 reduced the South Atlantic swordfish TAC to 15,000 mt ww but maintained the U.S. quota share of 75.2 mt dw (100 mt ww) and underharvest carryover limit through 2012. Recommendation 09–03 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 ˆ Namibia, 18.8 mt dw (25 mt ww) to Cote d’Ivoire, and 18.8 mt dw (25 mt ww) to Belize. ICCAT Recommendation 12–01 extended the U.S. baseline quota, underharvest carryover limit, and international quota transfer amounts and provisions through 2013. In 2012, U.S. fishermen did not land any South Atlantic swordfish as of reports received by February 28, 2013. Therefore, 75.2 mt dw (100 mt ww) of underharvest is available to carry over to 2013 and can cover the entire 75.2 mt dw (100 mt ww) of annual international quota transfers outlined above. As a result, the 2013 adjusted quota for South Atlantic swordfish is 75.2 mt dw (100 mt ww) (see Table 1). The landings estimates for South Atlantic swordfish are based on dealer reports received as of February 28, 2013, and do not include dead discards. We do not expect dead discard estimates to change the 2013 adjusted quota since estimates over the past several years have equaled 0 mt dw. If dead discards estimates necessitate a need to further adjust the quota, we would take additional action at that time. Impacts Impacts resulting from the 2013 North Atlantic swordfish specifications were E:\FR\FM\16MYR1.SGM 16MYR1 28760 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Rules and Regulations analyzed in the EA, RIR, and IRFA that were prepared for the 2012 Swordfish Quota Specifications Final Rule (July 31, 2012; 77 FR 45273). The impacts resulting from the 2013 South Atlantic swordfish specifications were analyzed in the EA, RIR, and IRFA that were prepared for the 2007 Swordfish Quota Specification Final Rule (October 5, 2007; 72 FR 56929). The quota adjustments in this final rule will not increase overall quotas and are not expected to increase fishing effort, protected species interactions, or environmental effects beyond those considered in the 2012 and 2007 EAs. Therefore, because there would be no changes to the North or South Atlantic swordfish management measures in this final rule, or the affected environment or any environmental effects that have not been previously analyzed, we have determined that the North and South Atlantic swordfish specifications and impacts to the human environment as a result of the quota adjustments do not require additional NEPA analysis beyond that discussed in the 2012 and 2007 EAs. TABLE 1—2013 NORTH AND SOUTH ATLANTIC SWORDFISH QUOTAS North Atlantic swordfish quota (mt dw) 2012 Baseline Quota 2013 2,937.6 (¥)112.8 Directed Category Incidental Category Reserve Category Quota Allocation South Atlantic Swordfish Quota (mt dw) 3,559.2 3,209.2 300 50 Adjusted Quota (+)734.4 3,559.2 Underharvest Carryover from Previous Year+ 1,169.2 (+)734.4 Total Underharvest from Previous Year+ (¥)112.8 1,388.5 Quota Transfer to Morocco 2,937.6 3,209.2 300 50 2012 Baseline Quota 2013 75.2 75.2 (¥)75.2 (¥)75.2 75.2 75.2 Underharvest Carryover from Previous Year+ 75.2 75.2 Adjusted quota 75.2 75.2 International Quota Transfers* Total Underharvest from Previous Year+ + Underharvest carryover is capped at 25 percent of the baseline quota allocation for the North Atlantic and 100 percent of the baseline quota allocation for the South Atlantic. 2012 underharvest data current as of February 28, 2013; does not include dead discards. * Under Recommendation 12–01, 100 mt ww of the U.S. underharvest and base quota, as necessary, was transferred to Namibia (37.6 mt dw, ˆ 50 mt ww), Cote d’Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25 mt ww). While this action only implements this year’s adjusted quota, other management actions related to Atlantic swordfish quotas are expected later this year. At its November annual meeting, ICCAT will renegotiate a North Atlantic swordfish recommendation, including quota levels, because Recommendation 11–02 expires this year. Additionally, in February, NMFS published a proposed rule for Amendment 8 to the HMS FMP, considering ways to increase access to available North Atlantic swordfish quota, including a new open access permit that would allow the retention and sale of swordfish caught with certain handgears. The comment period for this action closed on May 8, 2013. erowe on DSK2VPTVN1PROD with RULES Response to Comments We received two comments, but they were not directly related to the proposed rule. VerDate Mar<15>2010 14:43 May 15, 2013 Jkt 229001 Changes From the Proposed Rule The final rule contains no changes from the proposed rule, except for minor landings updates based on more recent 2012 landings reports. 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 PO 00000 Frm 00042 Fmt 4700 Sfmt 9990 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. Dated: May 13, 2013. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, performing the functions and duties of the Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2013–11720 Filed 5–15–13; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\16MYR1.SGM 16MYR1

Agencies

[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Rules and Regulations]
[Pages 28758-28760]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11720]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 121101598-3455-02]
RIN 0648-XC334


Atlantic Highly Migratory Species; North and South Atlantic 2013 
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 2013 fishing season quotas for 
North and South Atlantic swordfish based upon 2012 commercial quota 
underharvests and international quota transfers consistent with the 
International Commission for the Conservation of Atlantic Tunas (ICCAT) 
Recommendations 11-02 and 12-01. This final rule will affect 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 from June 15, 2013 through December 31, 2013.

ADDRESSES: Copies of the supporting documents--including the 2012

[[Page 28759]]

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 Atlantic 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 Steve 
Durkee by phone at 202-670-6637 or Jennifer Cudney by phone at 301-427-
8503.

FOR FURTHER INFORMATION CONTACT: Steve Durkee by phone at 202-670-6637, 
Jennifer Cudney by phone at 301-427-8503, or by fax: 301-713-1917.

SUPPLEMENTARY INFORMATION: 

Background

    The U.S. Atlantic 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. 
The United States implements ICCAT recommendations under ATCA, through 
regulations as may be necessary and appropriate.
    For North Atlantic swordfish, this final action maintains the U.S. 
baseline quota of 2,937.6 metric tons (mt) dressed weight (dw) for 
North Atlantic swordfish, implements the quota transfer of 112.8 mt dw 
from the United States to Morocco, and carries over the maximum 2012 
underharvest pursuant to Recommendation 11-02. 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 mt dw 
of 2012 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 as required by ICCAT recommendation.

North Atlantic Swordfish Quota

    At the 2011 ICCAT annual meeting, Recommendation 11-02 was adopted, 
maintaining the North Atlantic swordfish total allowable catch (TAC) of 
10,301 mt dw (13,700 mt ww) through 2013. Of this TAC, the United 
States baseline quota is 2,937.6 mt dw (3,907 mt ww) per year. ICCAT 
Recommendation 11-02 also includes a 112.8 mt dw (150 mt ww) annual 
quota transfer from the United States to Morocco and limits allowable 
underharvest carryover to 25 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 the previous year (2012) to be 
added to the 2013 baseline quota. This final rule adjusts the U.S. 
baseline quota for the 2013 fishing year to account for the annual 
quota transfer to Morocco and the 2012 underharvest.
    The 2013 North Atlantic swordfish baseline quota is 2,937.6 mt dw 
(3,907 mt ww). As of February 28, 2013, the North Atlantic swordfish 
underharvest for 2012 was 1,169.2 mt dw (1,555.6 mt ww), which exceeds 
the maximum carryover cap of 734.4 mt dw (976.8 mt ww). Therefore, we 
are carrying forward the maximum amount allowed per ICCAT 
Recommendation 11-02. The 2,937.6 mt dw (3,907 mt ww) baseline quota is 
reduced by the 112.8 mt dw (150 mt ww) annual quota transfer to Morocco 
and increased by the underharvest carryover maximum of 734.4 mt dw 
(976.8 mt ww), resulting in 3,559.2 mt dw (4733.7 mt ww), which is the 
adjusted North Atlantic swordfish quota for the 2013 fishing year. From 
that adjusted quota, we are allocating the directed category 3,209.2 mt 
dw (4,268.2 mt ww), which is split equally into two seasons (January 
through June, and July through December). Fifty mt dw (66.5 mt ww) from 
the adjusted quota is allocated to the reserve category for inseason 
adjustments and research, and 300 mt dw (399 mt ww) from the adjusted 
quota is allocated to the incidental category, which includes 
recreational landings and catch by incidental swordfish permit holders, 
for the 2013 fishing season, per HMS regulations at 50 CFR 
635.27(c)(1)(i)(B) (see Table 1).
    The underharvest carryover noted above was calculated based on a 
landings estimate, which is based on commercial dealer reports and 
reports by anglers in the HMS Non-Tournament Recreational Swordfish and 
Billfish Landings Database and the Recreational Billfish Survey 
received as of February 28, 2013, and does not include an estimate of 
dead discards. The dead discard estimate is calculated using observer 
sampling data and logbook reported effort levels and is generally not 
available until the summer of each year. However, we do not expect the 
final dead discard estimate to be large enough to change the total 
underharvest carryover. For the dead discard estimate to change the 
underharvest carryover, the estimate would have to exceed 435.2 mt dw. 
Since 2007, the average annual dead discard estimate is 113 mt dw and, 
in 2011, dead discards were estimated to equal 101.5 mt dw. Thus, 
because these estimates are significantly lower than 435.2 mt dw and 
because there has not been a significant change in the manner in which 
swordfish are fished, we do not believe the 2012 dead discard estimate 
will be large enough to change the total underharvest carryover 
available or the resulting adjusted quota. If the dead discard estimate 
exceeds 435.2 mt dw, we will take additional action to either adjust 
the 2013 quota accordingly or adjust the 2014 quota, as appropriate.

South Atlantic Swordfish Quota

    In 2006, 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 limited 
the amount of underharvest that can be carried forward. For South 
Atlantic swordfish, the United States may carry forward up to 100 
percent of the baseline quota (75.2 mt dw). In 2009, Recommendation 09-
03 reduced the South Atlantic swordfish TAC to 15,000 mt ww but 
maintained the U.S. quota share of 75.2 mt dw (100 mt ww) and 
underharvest carryover limit through 2012. Recommendation 09-03 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. ICCAT Recommendation 12-01 extended 
the U.S. baseline quota, underharvest carryover limit, and 
international quota transfer amounts and provisions through 2013.
    In 2012, U.S. fishermen did not land any South Atlantic swordfish 
as of reports received by February 28, 2013. Therefore, 75.2 mt dw (100 
mt ww) of underharvest is available to carry over to 2013 and can cover 
the entire 75.2 mt dw (100 mt ww) of annual international quota 
transfers outlined above. As a result, the 2013 adjusted quota for 
South Atlantic swordfish is 75.2 mt dw (100 mt ww) (see Table 1).
    The landings estimates for South Atlantic swordfish are based on 
dealer reports received as of February 28, 2013, and do not include 
dead discards. We do not expect dead discard estimates to change the 
2013 adjusted quota since estimates over the past several years have 
equaled 0 mt dw. If dead discards estimates necessitate a need to 
further adjust the quota, we would take additional action at that time.

Impacts

    Impacts resulting from the 2013 North Atlantic swordfish 
specifications were

[[Page 28760]]

analyzed in the EA, RIR, and IRFA that were prepared for the 2012 
Swordfish Quota Specifications Final Rule (July 31, 2012; 77 FR 45273). 
The impacts resulting from the 2013 South Atlantic swordfish 
specifications were analyzed in the EA, RIR, and IRFA that were 
prepared for the 2007 Swordfish Quota Specification Final Rule (October 
5, 2007; 72 FR 56929). The quota adjustments in this final rule will 
not increase overall quotas and are not expected to increase fishing 
effort, protected species interactions, or environmental effects beyond 
those considered in the 2012 and 2007 EAs. Therefore, because there 
would be no changes to the North or South Atlantic swordfish management 
measures in this final rule, or the affected environment or any 
environmental effects that have not been previously analyzed, we have 
determined that the North and South Atlantic swordfish specifications 
and impacts to the human environment as a result of the quota 
adjustments do not require additional NEPA analysis beyond that 
discussed in the 2012 and 2007 EAs.

         Table 1--2013 North and South Atlantic Swordfish Quotas
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 North Atlantic swordfish quota (mt         2012              2013
                 dw)
------------------------------------------------------------------------
Baseline Quota                                 2,937.6           2,937.6
-------------------------------------
Quota Transfer to Morocco                     (-)112.8          (-)112.8
-------------------------------------
Total Underharvest from Previous               1,388.5           1,169.2
 Year\+\
-------------------------------------
Underharvest Carryover from Previous          (+)734.4          (+)734.4
 Year\+\
-------------------------------------
Adjusted Quota                                 3,559.2           3,559.2
------------------------------------------------------------------------
                   Directed Category           3,209.2           3,209.2
Quota Allocation   Incidental                      300               300
                    Category
                   Reserve Category                 50                50
------------------------------------------------------------------------
 South Atlantic Swordfish Quota (mt         2012              2013
                 dw)
------------------------------------------------------------------------
Baseline Quota                                    75.2              75.2
-------------------------------------
International Quota Transfers*                 (-)75.2           (-)75.2
-------------------------------------
Total Underharvest from Previous                  75.2              75.2
 Year\+\
-------------------------------------
Underharvest Carryover from Previous              75.2              75.2
 Year\+\
-------------------------------------
Adjusted quota                                    75.2              75.2
------------------------------------------------------------------------
\+\ Underharvest carryover is capped at 25 percent of the baseline quota
  allocation for the North Atlantic and 100 percent of the baseline
  quota allocation for the South Atlantic. 2012 underharvest data
  current as of February 28, 2013; does not include dead discards.
\*\ Under Recommendation 12-01, 100 mt ww of the U.S. underharvest and
  base quota, as necessary, 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).

    While this action only implements this year's adjusted quota, other 
management actions related to Atlantic swordfish quotas are expected 
later this year. At its November annual meeting, ICCAT will renegotiate 
a North Atlantic swordfish recommendation, including quota levels, 
because Recommendation 11-02 expires this year. Additionally, in 
February, NMFS published a proposed rule for Amendment 8 to the HMS 
FMP, considering ways to increase access to available North Atlantic 
swordfish quota, including a new open access permit that would allow 
the retention and sale of swordfish caught with certain handgears. The 
comment period for this action closed on May 8, 2013.

Response to Comments

    We received two comments, but they were not directly related to the 
proposed rule.

Changes From the Proposed Rule

    The final rule contains no changes from the proposed rule, except 
for minor landings updates based on more recent 2012 landings reports.

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.

    Dated: May 13, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the Deputy Assistant Administrator for Regulatory Programs, 
National Marine Fisheries Service.
[FR Doc. 2013-11720 Filed 5-15-13; 8:45 am]
BILLING CODE 3510-22-P

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