Atlantic Highly Migratory Species; North and South Atlantic 2015 Commercial Swordfish Quotas, 25609-25611 [2015-10465]
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Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Rules and Regulations
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[FR Doc. 2015–10471 Filed 5–4–15; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 150116050–5375–02]
RIN 0648–XD726
Atlantic Highly Migratory Species;
North and South Atlantic 2015
Commercial Swordfish Quotas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule adjusts the
2015 fishing season quotas for North
and South Atlantic swordfish based
upon 2014 quota underharvests and
international quota transfers consistent
with International Commission for the
Conservation of Atlantic Tunas (ICCAT)
Recommendations 13–02 and 13–03.
This final rule applies to commercial
and recreational fishing for swordfish in
the Atlantic Ocean, including the
Caribbean Sea and Gulf of Mexico. This
action implements ICCAT
recommendations, consistent with the
Atlantic Tunas Convention Act (ATCA),
and furthers domestic management
objectives under the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
DATES: Effective on June 4, 2015.
ADDRESSES: Copies of the supporting
documents—including the 2012
Environmental Assessment (EA),
Regulatory Impact Review (RIR), and
Final Regulatory Flexibility Analysis
(FRFA) for North Atlantic swordfish; the
rljohnson on DSK3VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:13 May 04, 2015
Jkt 235001
2007 EA, RIR, and FRFA for South
Atlantic swordfish; and the 2006
Consolidated Atlantic Highly Migratory
Species (HMS) Fishery Management
Plan (FMP) and associated documents—
are available from the HMS
Management Division Web site at
https://www.nmfs.noaa.gov/sfa/hms/ or
by contacting Andrew Rubin by phone
at 301–427–8503 or Steve Durkee by
phone at 202–670–6637.
FOR FURTHER INFORMATION CONTACT:
Andrew Rubin by phone at 301–427–
8503, Steve Durkee by phone at 202–
670–6637.
SUPPLEMENTARY INFORMATION:
Background
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 Act,
16 U.S.C. 1801 et seq., and ATCA, 16
U.S.C. 971 et seq. ATCA authorizes the
Secretary of Commerce (Secretary) to
promulgate regulations as may be
necessary and appropriate to implement
ICCAT recommendations.
For North Atlantic swordfish, this
final action maintains the U.S. baseline
quota of 2,937.6 metric tons (mt)
dressed weight (dw) and implements an
ICCAT-recommended quota transfer of
18.8 mt dw from the United States to
Mauritania. For South Atlantic
swordfish, this action maintains the
U.S. South Atlantic swordfish quota at
75.2 mt dw (100 mt whole weight (ww)),
carries over 75.1 mt dw of 2014
underharvest, and authorizes the
transfer of 50 mt ww (37.6 mt dw) to
ˆ
Namibia, 25 mt ww (18.8 mt dw) to Cote
d’Ivoire, and 25 mt ww (18.8 mt dw) to
Belize, consistent with ICCAT
Recommendation 13–03. Information
regarding the quota calculations can be
found below. Additional details
regarding the quotas and other actions
in this rule and their impacts can be
found in the proposed rule (80 FR 8838,
February 19, 2015).
North Atlantic Swordfish Quota
At the 2013 ICCAT annual meeting,
Recommendation 13–02 was adopted,
maintaining the North Atlantic
swordfish total allowable catch (TAC) of
10,301 metric tons (mt) dressed weight
(dw) (13,700 mt whole weight (ww))
through 2016. Of this TAC, the United
States’ baseline quota is 2,937.6 mt dw
(3,907 mt ww) per year. ICCAT
Recommendation 13–02 also includes
an 18.8 mt dw (25 mt ww) annual quota
transfer from the United States to
Mauritania and limits allowable 2014
and any future underharvest carryover
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Fmt 4700
Sfmt 4700
25609
to 15 percent of a contracting party’s
baseline quota. Therefore, the United
States may carry over a maximum of
440.6 mt dw (585.9 mt ww) of
underharvest from 2014 to 2015. This
final rule adjusts the U.S. baseline quota
for the 2015 fishing year to account for
the annual quota transfer to Mauritania
and the 2014 underharvest.
The 2015 North Atlantic swordfish
baseline quota is 2,937.6 mt dw (3,907
mt ww). The preliminary estimate of
North Atlantic swordfish underharvest
for 2014 is 2,395.6 mt dw (3,186.1 mt
ww). Even without including an
estimate of dead discards, the estimated
underharvest is larger than the
maximum carryover cap (440.6 mt dw
or 585.9 mt ww). Therefore, as
proposed, NMFS is carrying forward
440.6 mt dw, the maximum carryover
allowed per Recommendation 13–02.
Additionally, this final rule reduces the
2,937.6 mt dw baseline quota by the
18.8 mt dw (25 mt ww) annual quota
transfer to Mauritania. These two
changes result in an adjusted North
Atlantic swordfish quota for the 2015
fishing year of 3,359.4 mt dw (2,937.6
baseline quota + 440.6 underharvest
¥18.8 transfer to Mauritania = 3,359.4
mt dw or 4467.47 mt ww). From that
adjusted quota, 50 mt dw is allocated to
the reserve category for in season
adjustments and research, and 300 mt
dw is allocated to the incidental
category, which includes recreational
landings and landings by incidental
swordfish permit holders, per
§ 635.27(c)(1)(i). This results in an
allocation of 3,009.4 mt dw (3,359.4
adjusted quota ¥50 to the reserve
quota—300 mt dw to the incidental
quota = 3,009.4 mt dw) for the directed
category, which is split equally between
two seasons in 2015 (January through
June, and July through December) (Table
1).
South Atlantic Swordfish Quota
In 2013, ICCAT Recommendation 13–
03 established the South Atlantic
swordfish TAC at 11,278.2 mt dw
(15,000 mt ww) for 2014, 2015, and
2016. Of this, the United States receives
75.2 mt dw (100 mt ww).
Recommendation 13–03 limits the
amount of South Atlantic swordfish
underharvest that can be carried
forward, and the United States may
carry forward up to 100 percent of its
baseline quota (75.2 mt dw).
Recommendation 13–03 also included a
total of 75.2 mt dw (100 mt ww) of
quota transfers from the United States to
other countries. These transfers were
37.6 mt dw (50 mt ww) to Namibia, 18.8
ˆ
mt dw (25 mt ww) to Cote d’Ivoire, and
18.8 mt dw (25 mt ww) to Belize.
E:\FR\FM\05MYR1.SGM
05MYR1
25610
Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Rules and Regulations
In 2014, U.S. fishermen landed no
South Atlantic swordfish according to
data available as of December 31, 2014.
The adjusted 2014 South Atlantic
swordfish quota was 75.1 mt dw due to
nominal landings the previous year.
Therefore, 75.1 mt dw of underharvest
is available to carry over to 2015. NMFS
is carrying forward 75.1 mt dw to be
added to the 75.2 mt dw baseline quota.
The quota is then reduced by the 75.2
mt dw of annual international quota
transfers outlined above, resulting in an
adjusted South Atlantic swordfish quota
of 75.1 mt dw for the 2015 fishing year.
TABLE 1—2015 NORTH AND SOUTH ATLANTIC SWORDFISH QUOTAS
2014
North Atlantic Swordfish Quota (mt dw)
Baseline Quota ...................................................................................................
International Quota Transfer ..............................................................................
Total Underharvest from Previous Year ∂ .........................................................
Underharvest Carryover from Previous Year ∂ .................................................
Adjusted Quota ..................................................................................................
Quota Allocation.
Directed Category .......................................................................................
Incidental Category .....................................................................................
Reserve Category .......................................................................................
South Atlantic Swordfish Quota (mt dw)
Baseline Quota ...................................................................................................
International Quota Transfers * ..........................................................................
Total Underharvest from Previous Year ∂ .........................................................
Underharvest Carryover from Previous Year ∂ .................................................
Adjusted quota ...................................................................................................
2015
2,937.6 ...............................
(¥)18.8 (to Mauritania) ......
1,337.4 ...............................
(+)734.4 ..............................
3,653.2 ...............................
2,937.6
(¥)18.8 (to Mauritania)
2,395.6
(+)440.6
3,359.4
3,303.2 ...............................
300 .....................................
50 .......................................
3,009.4
300
50
75.2 ....................................
(¥)75.2 ..............................
75.1 ....................................
75.1 ....................................
75.1 ....................................
75.2
(¥)75.2
75.1
75.1
75.1
rljohnson on DSK3VPTVN1PROD with RULES
∂ Allowable underharvest carryover is capped at 15 percent of the baseline quota allocation for the North Atlantic and 75.2 dw (100 mt ww) for
the South Atlantic. The available 2014 underharvest is based on data received from commercial dealers and anglers; it does not include dead
discards, late reports, or changes to the data as a result of quality control adjustments.
* Under Recommendation 13–03, the United States transfers 75.2 mt dw (100 mt ww) annually to Namibia (37.6 mt dw, 50 mt ww), Cote
ˆ
d’Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25 mt ww).
Response to Comments
During the proposed rule comment
period, NMFS received four written
comments, three of which were directly
related to the proposed rule. NMFS also
heard comments during a discussion on
the rule held at the HMS Advisory Panel
meeting on March 10, 2015. A summary
of the relevant comments on the
proposed rule are shown below with
NMFS’ response. One written comment
requested the general protection of fish,
which is not specifically relevant to this
rulemaking. All written comments
submitted during the comment period
can be found at https://
www.regulations.gov/ by searching for
NOAA–NMFS–2015–0023.
Comment 1: Close the swordfish
fishery because of overfishing.
Response: According to the latest
ICCAT Standing Committee on Research
and Statistics (SCRS) stock assessment
(2013), the stock is not overfished and
no overfishing is taking place. Since the
baseline adjusted quotas established
through ICCAT are within the TAC
established by the stock assessment, this
action is unlikely to lead to overfishing.
Therefore, NMFS does not make the
change requested by the commenter.
Comment 2: NMFS received
contrasting comments regarding the
underharvest carryover. One commenter
said that no underharvest should be
carried over into the 2015 quota. Other
commenters stated that underharvest
carryovers should not be limited to 15
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15:13 May 04, 2015
Jkt 235001
percent of the baseline quota, and
further specified that the underharvest
carryover does not provide enough
flexibility to account for unforeseen
environmental and economic
fluctuations and only affects the United
States since most other countries fully
utilize their allocation. That commenter
felt the restriction of the carryover of
underharvested quota is inconsistent
with the Magnuson-Stevens Act and
Atlantic Tuna Convention Act (ATCA)
by not allowing for optimum yield or
providing a reasonable opportunity to
harvest U.S. quota.
Response: Carrying over underharvest
into the following year’s quota provides
flexibility to adjust to environmental
and economic fluctuations. These
fluctuations may result in fishermen not
catching their full quota in a given year,
but the carryover provides the
opportunity to benefit from part of that
underharvest in the subsequent year.
Currently, the United States does not
utilize the entire base quota from
ICCAT, thus, the underharvest carryover
limit is unlikely to affect domestic
access to the resource in the short term.
Because the current carryover limit is
unlikely to affect domestic access to the
resource, NMFS is not changing the
current limit as requested by the
commenter.
Regarding the concerns that the
underharvest carryover limit affects U.S.
fishermen’s opportunity to harvest the
U.S. quota at optimum yield, ICCAT
PO 00000
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Fmt 4700
Sfmt 4700
adopted the limited underharvest
carryover provision to help ensure that
MSY is not exceeded. The MagnusonStevens Act requires preventing
overfishing while achieving on a
continuing basis optimum yield.
Optimum yield itself is prescribed based
on MSY as reduced by ecological and
other factors. The carryover limit is
consistent with the MSA and with
ATCA, which provides that quotas
adopted at ICCAT cannot be increased
or decreased. Furthermore, we note that
for the past decade, the domestic fishery
has neither utilized the entire U.S. quota
allocation nor has it harvested it at a
level to be impacted by an underharvest
carryover limit.
Comment 3: While NMFS should
implement the current ICCAT swordfish
quota recommendations, the next time
the swordfish recommendations are
negotiated at ICCAT, the United States
should change its position. No U.S.
quota should be transferred to other
countries unless the United States
receives something in return since these
transfers help develop new fisheries that
are not as conservation-minded as U.S.
fisheries. Furthermore, landings under
the international quota transfers should
be credited as U.S. landings.
Response: NMFS agrees that it should
implement the quota measures in
Recommendations 13–02 and 13–03 to
comply with ICCAT measures. Under
ATCA, the Secretary shall promulgate
such regulations as may be necessary
E:\FR\FM\05MYR1.SGM
05MYR1
Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Rules and Regulations
and appropriate to carry out ICCAT
recommendations, and the regulations
as finalized appropriately carry out
ICCAT recommendations regarding the
North Atlantic swordfish stock while
meeting NMFS’s legal obligations and
management needs.
In the future, when negotiating
swordfish recommendations at ICCAT,
the United States will consider the state
of the domestic fishery at that time to
balance the needs of both U.S.
fishermen and the environment.
Comment 4: The U.S. fisheries are not
harvesting part of its swordfish quota
due to domestic regulations such as the
time/area closures for pelagic longline
gear. NMFS should reopen these areas
to fishermen who are using circle hooks
and following best practices. NMFS
should reinstate the 33 pound minimum
size for Atlantic swordfish.
Response: This rule addresses quota
specifications only; time/area closures
and other management measure are
beyond the scope of this action.
The final rule contains no changes
from the proposed rule, except for
minor landings updates based on more
recent 2014 landings reports.
rljohnson on DSK3VPTVN1PROD with RULES
Classification
Pursuant to the Magnuson-Stevens
Act, the NMFS Assistant Administrator
has determined that the final rule is
consistent with the 2006 Consolidated
HMS FMP and its amendments, other
provisions of the Magnuson-Stevens
Act, the Atlantic Tunas Convention Act,
and other applicable law.
This final action is exempt from the
procedures of E.O. 12866 because this
action contains no implementing
regulations.
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.
15:13 May 04, 2015
Jkt 235001
[FR Doc. 2015–10465 Filed 5–4–15; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 150316270–5270–01]
RIN 0648–XD843
Fisheries Off West Coast States; West
Coast Salmon Fisheries; 2015
Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
Through this final rule NMFS
establishes fishery management
measures for the 2015 ocean salmon
fisheries off Washington, Oregon, and
California and the 2016 salmon seasons
opening earlier than May 1, 2016.
Specific fishery management measures
vary by fishery and by area. The
measures establish fishing areas,
seasons, quotas, legal gear, recreational
fishing days and catch limits,
possession and landing restrictions, and
minimum lengths for salmon taken in
the U.S. exclusive economic zone (EEZ)
(3–200 NM) off Washington, Oregon,
and California. The management
measures are intended to prevent
overfishing and to apportion the ocean
harvest equitably among treaty Indian,
non-treaty commercial, and recreational
fisheries. The measures are also
intended to allow a portion of the
salmon runs to escape the ocean
fisheries in order to provide for
spawning escapement and inside
fisheries (fisheries occurring in state
internal waters). This document also
announces the availability of an
environmental assessment (EA) that
analyzes the environmental impacts of
implementing the 2015 ocean salmon
management measures.
DATES: This final rule is effective from
0001 hours Pacific Daylight Time, May
1, 2015, until the effective date of the
2016 management measures, as
published in the Federal Register.
ADDRESSES: Copies of the documents
cited in this document are available
from Dr. Donald O. McIsaac, Executive
SUMMARY:
Changes From the Proposed Rule
VerDate Sep<11>2014
Dated: April 29, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
PO 00000
Frm 00031
Fmt 4700
Sfmt 4700
25611
Director, Pacific Fishery Management
Council, 7700 NE Ambassador Place,
Suite 101, Portland, OR 97220–1384,
and are posted on the Pacific Fishery
Management Council’s (Council’s) Web
site (www.pcouncil.org).
FOR FURTHER INFORMATION CONTACT:
Peggy Mundy at 206–526–4323, or Heidi
Taylor at 562–980–4039.
SUPPLEMENTARY INFORMATION:
Background
The ocean salmon fisheries in the EEZ
off Washington, Oregon, and California
are managed under a ‘‘framework’’
fishery management plan entitled the
Pacific Coast Salmon Fishery
Management Plan (Salmon FMP).
Regulations at 50 CFR part 660, subpart
H, provide the mechanism for making
preseason and inseason adjustments to
the management measures, within limits
set by the Salmon FMP, by notification
in the Federal Register.
The management measures for the
2015 and pre-May 2016 ocean salmon
fisheries that are implemented in this
final rule were recommended by the
Council at its April 10 to 16, 2015,
meeting.
Process Used To Establish 2015
Management Measures
The Council announced its annual
preseason management process for the
2015 ocean salmon fisheries in the
Federal Register on December 31, 2014
(79 FR 78805), and on the Council’s
Web site at (www.pcouncil.org). NMFS
published an additional notice of
opportunities to submit public
comments on the 2015 ocean salmon
fisheries in the Federal Register on
January 28, 2015 (80 FR 4547). These
notices announced the availability of
Council documents, the dates and
locations of Council meetings and
public hearings comprising the
Council’s complete schedule of events
for determining the annual proposed
and final modifications to ocean salmon
fishery management measures, and
instructions on how to comment on
2015 ocean salmon fisheries. The
agendas for the March and April
Council meetings were published in the
Federal Register (80 FR 8628, February
18, 2015 and 80 FR 15752, March 25,
2015, respectively) and posted on the
Council’s Web site prior to the actual
meetings.
In accordance with the Salmon FMP,
the Council’s Salmon Technical Team
(STT) and staff economist prepared four
reports for the Council, its advisors, and
the public. All four reports were posted
on the Council’s Web site and otherwise
made available to the Council, its
E:\FR\FM\05MYR1.SGM
05MYR1
Agencies
[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Rules and Regulations]
[Pages 25609-25611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10465]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 150116050-5375-02]
RIN 0648-XD726
Atlantic Highly Migratory Species; North and South Atlantic 2015
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 2015 fishing season quotas for
North and South Atlantic swordfish based upon 2014 quota underharvests
and international quota transfers consistent with International
Commission for the Conservation of Atlantic Tunas (ICCAT)
Recommendations 13-02 and 13-03. This final rule applies to commercial
and recreational fishing for swordfish in the Atlantic Ocean, including
the Caribbean Sea and Gulf of Mexico. This action implements ICCAT
recommendations, consistent with the Atlantic Tunas Convention Act
(ATCA), and furthers domestic management objectives under the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
DATES: Effective on June 4, 2015.
ADDRESSES: Copies of the supporting documents--including the 2012
Environmental Assessment (EA), Regulatory Impact Review (RIR), and
Final Regulatory Flexibility Analysis (FRFA) for North Atlantic
swordfish; the 2007 EA, RIR, and FRFA for South Atlantic swordfish; and
the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery
Management Plan (FMP) and associated documents--are available from the
HMS Management Division Web site at https://www.nmfs.noaa.gov/sfa/hms/
or by contacting Andrew Rubin by phone at 301-427-8503 or Steve Durkee
by phone at 202-670-6637.
FOR FURTHER INFORMATION CONTACT: Andrew Rubin by phone at 301-427-8503,
Steve Durkee by phone at 202-670-6637.
SUPPLEMENTARY INFORMATION:
Background
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 Act, 16 U.S.C. 1801
et seq., and ATCA, 16 U.S.C. 971 et seq. ATCA authorizes the Secretary
of Commerce (Secretary) to promulgate regulations as may be necessary
and appropriate to implement ICCAT recommendations.
For North Atlantic swordfish, this final action maintains the U.S.
baseline quota of 2,937.6 metric tons (mt) dressed weight (dw) and
implements an ICCAT-recommended quota transfer of 18.8 mt dw from the
United States to Mauritania. For South Atlantic swordfish, this action
maintains the U.S. South Atlantic swordfish quota at 75.2 mt dw (100 mt
whole weight (ww)), carries over 75.1 mt dw of 2014 underharvest, and
authorizes the transfer of 50 mt ww (37.6 mt dw) to Namibia, 25 mt ww
(18.8 mt dw) to C[ocirc]te d'Ivoire, and 25 mt ww (18.8 mt dw) to
Belize, consistent with ICCAT Recommendation 13-03. Information
regarding the quota calculations can be found below. Additional details
regarding the quotas and other actions in this rule and their impacts
can be found in the proposed rule (80 FR 8838, February 19, 2015).
North Atlantic Swordfish Quota
At the 2013 ICCAT annual meeting, Recommendation 13-02 was adopted,
maintaining the North Atlantic swordfish total allowable catch (TAC) of
10,301 metric tons (mt) dressed weight (dw) (13,700 mt whole weight
(ww)) through 2016. Of this TAC, the United States' baseline quota is
2,937.6 mt dw (3,907 mt ww) per year. ICCAT Recommendation 13-02 also
includes an 18.8 mt dw (25 mt ww) annual quota transfer from the United
States to Mauritania and limits allowable 2014 and any future
underharvest carryover to 15 percent of a contracting party's baseline
quota. Therefore, the United States may carry over a maximum of 440.6
mt dw (585.9 mt ww) of underharvest from 2014 to 2015. This final rule
adjusts the U.S. baseline quota for the 2015 fishing year to account
for the annual quota transfer to Mauritania and the 2014 underharvest.
The 2015 North Atlantic swordfish baseline quota is 2,937.6 mt dw
(3,907 mt ww). The preliminary estimate of North Atlantic swordfish
underharvest for 2014 is 2,395.6 mt dw (3,186.1 mt ww). Even without
including an estimate of dead discards, the estimated underharvest is
larger than the maximum carryover cap (440.6 mt dw or 585.9 mt ww).
Therefore, as proposed, NMFS is carrying forward 440.6 mt dw, the
maximum carryover allowed per Recommendation 13-02. Additionally, this
final rule reduces the 2,937.6 mt dw baseline quota by the 18.8 mt dw
(25 mt ww) annual quota transfer to Mauritania. These two changes
result in an adjusted North Atlantic swordfish quota for the 2015
fishing year of 3,359.4 mt dw (2,937.6 baseline quota + 440.6
underharvest -18.8 transfer to Mauritania = 3,359.4 mt dw or 4467.47 mt
ww). From that adjusted quota, 50 mt dw is allocated to the reserve
category for in season adjustments and research, and 300 mt dw is
allocated to the incidental category, which includes recreational
landings and landings by incidental swordfish permit holders, per Sec.
635.27(c)(1)(i). This results in an allocation of 3,009.4 mt dw
(3,359.4 adjusted quota -50 to the reserve quota--300 mt dw to the
incidental quota = 3,009.4 mt dw) for the directed category, which is
split equally between two seasons in 2015 (January through June, and
July through December) (Table 1).
South Atlantic Swordfish Quota
In 2013, ICCAT Recommendation 13-03 established the South Atlantic
swordfish TAC at 11,278.2 mt dw (15,000 mt ww) for 2014, 2015, and
2016. Of this, the United States receives 75.2 mt dw (100 mt ww).
Recommendation 13-03 limits the amount of South Atlantic swordfish
underharvest that can be carried forward, and the United States may
carry forward up to 100 percent of its baseline quota (75.2 mt dw).
Recommendation 13-03 also included a total of 75.2 mt dw (100 mt ww) of
quota transfers from the United States to other countries. These
transfers were 37.6 mt dw (50 mt ww) to Namibia, 18.8 mt dw (25 mt ww)
to C[ocirc]te d'Ivoire, and 18.8 mt dw (25 mt ww) to Belize.
[[Page 25610]]
In 2014, U.S. fishermen landed no South Atlantic swordfish
according to data available as of December 31, 2014. The adjusted 2014
South Atlantic swordfish quota was 75.1 mt dw due to nominal landings
the previous year. Therefore, 75.1 mt dw of underharvest is available
to carry over to 2015. NMFS is carrying forward 75.1 mt dw to be added
to the 75.2 mt dw baseline quota. The quota is then reduced by the 75.2
mt dw of annual international quota transfers outlined above, resulting
in an adjusted South Atlantic swordfish quota of 75.1 mt dw for the
2015 fishing year.
Table 1--2015 North and South Atlantic Swordfish Quotas
----------------------------------------------------------------------------------------------------------------
2014 2015
----------------------------------------------------------------------------------------------------------------
North Atlantic Swordfish Quota
(mt dw)
Baseline Quota.............. 2,937.6.............................. 2,937.6
International Quota Transfer (-)18.8 (to Mauritania).............. (-)18.8 (to Mauritania)
Total Underharvest from 1,337.4.............................. 2,395.6
Previous Year +.
Underharvest Carryover from (+)734.4............................. (+)440.6
Previous Year +.
Adjusted Quota.............. 3,653.2.............................. 3,359.4
Quota Allocation............
Directed Category....... 3,303.2.............................. 3,009.4
Incidental Category..... 300.................................. 300
Reserve Category........ 50................................... 50
South Atlantic Swordfish Quota
(mt dw)
Baseline Quota.............. 75.2................................. 75.2
International Quota (-)75.2.............................. (-)75.2
Transfers *.
Total Underharvest from 75.1................................. 75.1
Previous Year +.
Underharvest Carryover from 75.1................................. 75.1
Previous Year +.
Adjusted quota.............. 75.1................................. 75.1
----------------------------------------------------------------------------------------------------------------
+ Allowable underharvest carryover is capped at 15 percent of the baseline quota allocation for the North
Atlantic and 75.2 dw (100 mt ww) for the South Atlantic. The available 2014 underharvest is based on data
received from commercial dealers and anglers; it does not include dead discards, late reports, or changes to
the data as a result of quality control adjustments.
* Under Recommendation 13-03, the United States transfers 75.2 mt dw (100 mt ww) annually 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).
Response to Comments
During the proposed rule comment period, NMFS received four written
comments, three of which were directly related to the proposed rule.
NMFS also heard comments during a discussion on the rule held at the
HMS Advisory Panel meeting on March 10, 2015. A summary of the relevant
comments on the proposed rule are shown below with NMFS' response. One
written comment requested the general protection of fish, which is not
specifically relevant to this rulemaking. All written comments
submitted during the comment period can be found at https://www.regulations.gov/ by searching for NOAA-NMFS-2015-0023.
Comment 1: Close the swordfish fishery because of overfishing.
Response: According to the latest ICCAT Standing Committee on
Research and Statistics (SCRS) stock assessment (2013), the stock is
not overfished and no overfishing is taking place. Since the baseline
adjusted quotas established through ICCAT are within the TAC
established by the stock assessment, this action is unlikely to lead to
overfishing. Therefore, NMFS does not make the change requested by the
commenter.
Comment 2: NMFS received contrasting comments regarding the
underharvest carryover. One commenter said that no underharvest should
be carried over into the 2015 quota. Other commenters stated that
underharvest carryovers should not be limited to 15 percent of the
baseline quota, and further specified that the underharvest carryover
does not provide enough flexibility to account for unforeseen
environmental and economic fluctuations and only affects the United
States since most other countries fully utilize their allocation. That
commenter felt the restriction of the carryover of underharvested quota
is inconsistent with the Magnuson-Stevens Act and Atlantic Tuna
Convention Act (ATCA) by not allowing for optimum yield or providing a
reasonable opportunity to harvest U.S. quota.
Response: Carrying over underharvest into the following year's
quota provides flexibility to adjust to environmental and economic
fluctuations. These fluctuations may result in fishermen not catching
their full quota in a given year, but the carryover provides the
opportunity to benefit from part of that underharvest in the subsequent
year.
Currently, the United States does not utilize the entire base quota
from ICCAT, thus, the underharvest carryover limit is unlikely to
affect domestic access to the resource in the short term. Because the
current carryover limit is unlikely to affect domestic access to the
resource, NMFS is not changing the current limit as requested by the
commenter.
Regarding the concerns that the underharvest carryover limit
affects U.S. fishermen's opportunity to harvest the U.S. quota at
optimum yield, ICCAT adopted the limited underharvest carryover
provision to help ensure that MSY is not exceeded. The Magnuson-Stevens
Act requires preventing overfishing while achieving on a continuing
basis optimum yield. Optimum yield itself is prescribed based on MSY as
reduced by ecological and other factors. The carryover limit is
consistent with the MSA and with ATCA, which provides that quotas
adopted at ICCAT cannot be increased or decreased. Furthermore, we note
that for the past decade, the domestic fishery has neither utilized the
entire U.S. quota allocation nor has it harvested it at a level to be
impacted by an underharvest carryover limit.
Comment 3: While NMFS should implement the current ICCAT swordfish
quota recommendations, the next time the swordfish recommendations are
negotiated at ICCAT, the United States should change its position. No
U.S. quota should be transferred to other countries unless the United
States receives something in return since these transfers help develop
new fisheries that are not as conservation-minded as U.S. fisheries.
Furthermore, landings under the international quota transfers should be
credited as U.S. landings.
Response: NMFS agrees that it should implement the quota measures
in Recommendations 13-02 and 13-03 to comply with ICCAT measures. Under
ATCA, the Secretary shall promulgate such regulations as may be
necessary
[[Page 25611]]
and appropriate to carry out ICCAT recommendations, and the regulations
as finalized appropriately carry out ICCAT recommendations regarding
the North Atlantic swordfish stock while meeting NMFS's legal
obligations and management needs.
In the future, when negotiating swordfish recommendations at ICCAT,
the United States will consider the state of the domestic fishery at
that time to balance the needs of both U.S. fishermen and the
environment.
Comment 4: The U.S. fisheries are not harvesting part of its
swordfish quota due to domestic regulations such as the time/area
closures for pelagic longline gear. NMFS should reopen these areas to
fishermen who are using circle hooks and following best practices. NMFS
should reinstate the 33 pound minimum size for Atlantic swordfish.
Response: This rule addresses quota specifications only; time/area
closures and other management measure are beyond the scope of this
action.
Changes From the Proposed Rule
The final rule contains no changes from the proposed rule, except
for minor landings updates based on more recent 2014 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, the Atlantic Tunas Convention Act, and other
applicable law.
This final action is exempt from the procedures of E.O. 12866
because this action contains no implementing regulations.
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: April 29, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2015-10465 Filed 5-4-15; 8:45 am]
BILLING CODE 3510-22-P