Atlantic Highly Migratory Species; North and South Atlantic 2016 Commercial Swordfish Quotas, 48719-48722 [2016-17630]
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Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Rules and Regulations
(7) Sexual abuse. Constitutes fondling a
child’s genitals, penetration, incest, rape,
sodomy, indecent exposure, and exploitation
through prostitution or the production of
pornographic materials.
(d) The contractor must insert this clause
in all subcontracts under this award.
(End of clause)
Dated: June 29, 2016.
Roy Plucknett,
Chief Acquisition Officer.
[FR Doc. 2016–16643 Filed 7–25–16; 8:45 am]
BILLING CODE 6116–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 1206013412–2517–02]
RIN 0648–XE757
Reef Fish Fishery of the Gulf of
Mexico; 2016 Recreational
Accountability Measures and Closure
for Gulf of Mexico Greater Amberjack
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota reduction
and closure.
AGENCY:
NMFS implements
accountability measures (AMs) for the
greater amberjack recreational sector in
the exclusive economic zone (EEZ) of
the Gulf of Mexico (Gulf) for the 2016
fishing year through this temporary rule.
NMFS has determined that the 2015
recreational annual catch limit (ACL) for
Gulf greater amberjack was exceeded;
therefore, NMFS reduces the greater
amberjack recreational ACL and annual
catch target (ACT) in 2016. NMFS has
also determined that the recreational
ACT for Gulf greater amberjack was
reached prior to the June 1 annual
season closure. Therefore, the greater
amberjack recreational season in the
Gulf EEZ will remain closed and will
not be re-opening on August 1, 2016.
This closure is necessary to protect the
Gulf greater amberjack resource.
DATES: This rule is effective from 12:01
a.m., local time, August 1, 2016, until
12:01 a.m., local time, on January 1,
2017.
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SUMMARY:
Rich
Malinowski, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: NMFS
manages the Gulf reef fish fishery,
FOR FURTHER INFORMATION CONTACT:
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Jkt 238001
which includes greater amberjack,
under the Fishery Management Plan for
the Reef Fish Resources of the Gulf
(FMP). The Gulf of Mexico Fishery
Management Council (Council)
prepared the FMP and NMFS
implements the FMP under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622. All
greater amberjack weights discussed in
this temporary rule are in round weight.
The 2016 recreational ACL for Gulf
greater amberjack specified in 50 CFR
622.41(b)(2)(iii) is 1,255,600 lb (569,531
kg) and the recreational ACT specified
in 50 CFR 622.39(a)(2)(ii) is 1,092,372 lb
(495,492 kg). However, in 2015, the
recreational harvest of greater amberjack
exceeded the 2015 recreational ACL by
57,930 lb (26,277 kg). Therefore,
consistent with the requirements
specified in 50 CFR 622.41(a)(2)(ii),
NMFS reduces the recreational ACL for
greater amberjack in 2016 to 1,197,670
lb (543,254 kg) and the recreational ACT
to 1,034,442 lb (469,215 kg).
Under 50 CFR 622.41(a)(2)(i), NMFS
is required to close the recreational
sector for greater amberjack when the
recreational ACT is reached, or is
projected to be reached, by filing a
notification to that effect with the Office
of the Federal Register. NMFS has
determined the 2016 recreational ACT
was reached prior to the annual season
closure, which is effective from June 1
through July 31 each year. Accordingly,
the recreational sector for Gulf greater
amberjack will not re-open on August 1,
because NMFS is closing recreational
harvest of greater amberjack for the rest
of the 2016 fishing year effective at
12:01 a.m., local time, August 1, 2016,
until 12:01 a.m., local time, January 1,
2017, the start of the next fishing year.
During the recreational closure, the
bag and possession limits for greater
amberjack in or from the Gulf EEZ are
zero. The prohibition on possession in
the Gulf on board a vessel for which a
valid Federal charter vessel/headboat
permit for Gulf reef fish has been issued
applies regardless of whether greater
amberjack were harvested in state or
Federal waters.
The recreational sector for greater
amberjack will reopen on January 1,
2017, the beginning of the 2017
recreational fishing year.
Classification
The Regional Administrator,
Southeast Region, NMFS, has
determined this temporary rule is
necessary for the conservation and
management of Gulf greater amberjack
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48719
and is consistent with the MagnusonStevens Act and other applicable laws.
This action is taken under 50 CFR
622.41(a)(2)(i) and is exempt from
review under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
This action responds to the best
scientific information available. The
Assistant Administrator for NOAA
Fisheries (AA) finds that the need to
immediately implement this action to
close the recreational sector for greater
amberjack constitutes good cause to
waive the requirements to provide prior
notice and opportunity for public
comment on this temporary rule
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), because such
procedures are unnecessary and
contrary to the public interest. Such
procedures are unnecessary because the
rule establishing the closure provisions
was subject to notice and comment, and
all that remains is to notify the public
of the closure. Such procedures are
contrary to the public interest because
of the need to immediately implement
this action to protect greater amberjack.
Prior notice and opportunity for public
comment would require time and would
potentially allow the recreational sector
to exceed the recreational ACL.
For the aforementioned reasons, the
AA also finds good cause to waive the
30-day delay in the effectiveness of this
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: July 21, 2016.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2016–17633 Filed 7–21–16; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[160412328–6619–02]
RIN 0648–BF97
Atlantic Highly Migratory Species;
North and South Atlantic 2016
Commercial Swordfish Quotas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
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Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Rules and Regulations
This final rule adjusts the
2016 fishing season quotas for North
and South Atlantic swordfish based
upon 2015 commercial quota
underharvests and international quota
transfers consistent with the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
Recommendations 13–02 and 13–03.
This final rule also simplifies the annual
North and South Atlantic quota
adjustment process when the
adjustment simply applies a previouslyadopted formula or measure. Finally,
this final rule removes extraneous
regulatory text about the percentage of
the annual baseline quota allocation that
may be carried over in a given year. This
final rule could 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 on August 25, 2016.
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
(Final Rule to Implement the 2012
Atlantic Swordfish Quotas and Other
Measures); the 2007 EA, RIR, and FRFA
for South Atlantic swordfish (Final Rule
to Modify the North and South Atlantic
Swordfish Commercial Quotas Based on
2006 ICCAT Recommendations); the
2006 Consolidated Atlantic Highly
Migratory Species (HMS) Fishery
Management Plan (FMP) and its
amendments; and associated
documents—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.
FOR FURTHER INFORMATION CONTACT:
Steve Durkee by phone at 202–670–6637
or Karyl Brewster-Geisz by phone at
301–427–8503.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background
The U.S. Atlantic swordfish fishery is
managed under the 2006 Consolidated
Atlantic HMS FMP (October 2, 2006; 71
FR 58058). 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
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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 authorizes the
transfer of 18.8 mt dw from the United
States to Mauritania as required by
ICCAT Recommendation 13–02. For
South Atlantic swordfish, this action
maintains the U.S. South Atlantic
swordfish quota at 75.2 mt dw (100 mt
whole weight (ww)), carries over 75.1
mt dw of 2015 underharvest, and
authorizes the transfer of 50 mt ww
(37.6 mt dw) to Namibia, 25 mt ww
ˆ
(18.8 mt dw) to Cote d’Ivoire, and 25 mt
ww (18.8 mt dw) to Belize, consistent
with ICCAT Recommendation 13–03.
More specific 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 (81 FR 36511, June 7, 2016).
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 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 (586.0 mt
ww) of underharvest from 2015 to 2016.
This final rule adjusts the U.S. baseline
quota for the 2016 fishing year to
account for the annual quota transfer to
Mauritania and the 2015 underharvest.
The 2016 North Atlantic swordfish
baseline quota is 2,937.6 mt dw (3,907
mt ww). The preliminary estimate of
North Atlantic swordfish underharvest
for 2015 was 2,181.6 mt dw as of
December 31, 2015; therefore, NMFS is
carrying forward 440.6 mt dw, the
maximum carryover allowed under
Recommendation 13–02. The 2,937.6 mt
dw baseline quota is reduced by the
18.8 mt dw annual quota transfer to
Mauritania and increased by the
underharvest carryover of 440.6 mt dw,
resulting in a final adjusted North
Atlantic swordfish quota for the 2016
fishing year of 3,359.4 mt dw
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(2,937.6¥18.8 + 440.6 = 3,359.4 mt dw).
From that adjusted quota, 50 mt dw will
be allocated to the reserve category for
inseason adjustments and research, and
300 mt dw will be allocated to the
incidental category, which includes
recreational landings and landings by
incidental swordfish permit holders, in
accordance with regulations at 50 CFR
635.27(c)(1)(i). This would result in an
allocation of 3,009.4 mt dw
(3,359.4¥50¥300 = 3,009.4 mt dw) for
the directed category, which would be
split equally between two seasons in
2016 (January through June, and July
through December) (Table 1).
For clarity, the final rule removes
extraneous regulatory text about the
percentage of the annual baseline quota
allocation that may be carried over in a
given year. Under prior ICCAT
recommendations, 25 percent of the
unused annual baseline could be carried
over to the subsequent year. ICCAT
Recommendation 13–02 changed the
allowable carryover to 15 percent from
2015 on. This change simplifies the
regulatory text by removing the
reference to the 25-percent carryover
allowance to avoid confusion.
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.
In 2015, U.S. fishermen landed no
South Atlantic swordfish according to
data available as of December 31, 2015.
The adjusted 2015 South Atlantic
swordfish quota was 75.1 mt dw due to
nominal landings in previous years.
Therefore, 75.1 mt dw of underharvest
is available to carry over to 2016. 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 2016 fishing year.
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Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Rules and Regulations
TABLE 1—2016 NORTH AND SOUTH ATLANTIC SWORDFISH QUOTAS
North Atlantic Swordfish Quota (mt dw)
2015
2016
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 ......................................................................................................
2,937.6 ..............................
(¥)18.8 (to Mauritania) ....
1,337.4 ..............................
(+)440.6 ............................
3,359.4 ..............................
2,937.6
(¥)18.8 (to Mauritania)
2,181.6
(+)440.6
3,359.4
3,009.4 ..............................
300 ....................................
50 ......................................
3,009.4
300
50
South Atlantic Swordfish Quota (mt dw)
2015
Baseline Quota ..................................................................................................................
International Quota Transfers * .........................................................................................
Total Underharvest from Previous Year + .........................................................................
Underharvest Carryover from Previous Year + .................................................................
Adjusted quota ..................................................................................................................
75.2 ...................................
(¥)75.2 .............................
75.1 ...................................
75.1 ...................................
75.1 ...................................
2016
75.2
(¥)75.2
75.1
75.1
75.1
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+ Allowable underharvest carryover is now 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 and 2015 underharvests are based on data current as of December 31, 2015; they do not include
dead discards, late reports, or changes to the data as a result of quality control adjustments.
ˆ
* 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
d’Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25 mt ww).
Modification of the Annual Quota
Adjustment Public Notification Process
In the past, NMFS has published
proposed swordfish quota specifications
annually, allowed for a public comment
period, and then issued a final rule.
NMFS has done this when adopting
new quotas, altering conservation and
management measures pursuant to an
ICCAT recommendation, or when
simply adjusting the swordfish quotas
based on formulas or measures codified
in regulations previously adopted
through notice-and-comment
rulemaking (see, e.g., regulatory text at
50 CFR 635.27(c)). Where NMFS is
simply administering a pre-established
formula that is already embodied in
regulations, it has limited discretion
over implementation. Inviting public
notice and comment on these actions
may have unnecessarily confused the
regulated community, which has not
understood the scope of these actions
and NMFS’ lack of discretion to make
changes in these situations. Past public
comments have included requests that
go well beyond the scope of these
actions, including suggestions to carry
over underharvests in an amount
exceeding the carryover limit, which
would be inconsistent with ICCAT
recommendations; requests not to carry
over any underharvests, which would
be inconsistent with the established
regulatory formulas; and requests to
shut down the commercial swordfish
fishery.
To address public confusion and
streamline the regulatory process,
NMFS notifies the public that beginning
in 2017, it will annually adjust the
North and South Atlantic swordfish
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quotas through a final rule without an
opportunity for public comment, as
appropriate, when such adjustments
simply apply a previously-adopted
formula and are administrative in
nature. NMFS takes such action
consistent with requirements of the
Administrative Procedure Act. NMFS
would continue to undertake notice and
comment rulemaking when adopting
new quotas or otherwise altering
conservation and management
measures.
Response to Comments
During the proposed rule comment
period, NMFS received one written
comment; however, it was not relevant
to the proposed action.
Changes From the Proposed Rule
The final rule contains no changes
from the proposed rule.
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, ATCA, and other applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
Previously, NMFS determined that
proposed rules to implement the North
Atlantic swordfish quota (77 FR 25669,
May 1, 2012) and South Atlantic
swordfish quota (75 FR 35432, June 22,
2010) were consistent to the maximum
extent practicable with the enforceable
policies of the approved coastal
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management program of coastal states
on the Atlantic, including the Gulf of
Mexico and the Caribbean Sea. Pursuant
to 15 CFR 930.41(a), NMFS provided the
Coastal Zone Management Program of
each coastal state a 60-day period to
review the consistency determination
and to advise the Agency of their
concurrence. NMFS received
concurrence with the consistency
determinations from several states and
inferred consistency from those states
that did not respond within the 60-day
time period. This final action to
establish the 2016 North and South
Atlantic swordfish quotas does not
change the framework previously
consulted upon; therefore, no additional
consultation is required.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels,
Foreign relations, Imports, Penalties,
Reporting and recordkeeping
requirements, Treaties.
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Federal Register / Vol. 81, No. 143 / Tuesday, July 26, 2016 / Rules and Regulations
Dated: July 21, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For reasons set out in the preamble,
50 CFR part 635 is amended as follows:
PART 635—ATLANTIC HIGHLY
MIGRATORY SPECIES
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, revise paragraph (c)(3)
to read as follows:
■
§ 635.27
apportioned equally between the two
semiannual fishing seasons.
(iii) The dressed weight equivalent of
the amount by which dead discards
exceed the allowance specified at
paragraph (c)(1)(i)(C) of this section will
be subtracted from the landings quota in
the following fishing year or from the
reserve category.
*
*
*
*
*
[FR Doc. 2016–17630 Filed 7–25–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Quotas.
*
*
*
*
*
(c) * * *
(3) Annual adjustments. NMFS will
file with the Office of the Federal
Register for publication notice of the
following adjustments to or
apportionments of the annual quota:
(i) Adjustments to the quota necessary
to meet the objectives of the
Consolidated Highly Migratory Species
Fishery Management Plan consistent
with the quota provisions of paragraph
(c)(1) of this section.
(ii) If consistent with applicable
ICCAT recommendations, total landings
above or below the specific North
Atlantic or South Atlantic swordfish
annual quota will be subtracted from, or
added to, the following year’s quota for
that area. As necessary to meet
management objectives, such
adjustments may be apportioned to
fishing categories and/or to the reserve.
Carryover adjustments for the North
Atlantic shall be limited to 15 percent
of the annual baseline quota allocation.
Carryover adjustments for the South
Atlantic shall be limited to 100 mt ww
(75.2 mt dw). Any adjustments to the
12-month directed fishery quota will be
50 CFR Part 679
[Docket No. 150916863–6211–02]
RIN 0648–XE745
Fisheries of the Exclusive Economic
Zone Off Alaska; Exchange of Flatfish
in the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is exchanging unused
flathead sole Community Development
Quota (CDQ) for rock sole CDQ
acceptable biological catch (ABC)
reserves in the Bering Sea and Aleutian
Islands management area. This action is
necessary to allow the 2016 total
allowable catch of flathead sole and
rock sole in the Bering Sea and Aleutian
Islands management area to be
harvested.
DATES: Effective July 26, 2016 through
December 31, 2016.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUMMARY:
NMFS
manages the groundfish fishery in the
Bering Sea and Aleutian Islands
management area (BSAI) according to
the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The 2016 flathead sole and rock sole
CDQ reserves specified in the BSAI are
2,232 metric tons (mt), and 5,760 mt as
established by the final 2016 and 2017
harvest specifications for groundfish in
the BSAI (81 FR 14773, March 18, 2016)
and following revision (81 FR 41253,
June 24, 2016). The 2016 flathead sole
and rock sole CDQ ABC reserves are
4,857 mt and 11,478 mt as established
by the final 2016 and 2017 harvest
specifications for groundfish in the
BSAI (81 FR 14773, March 18, 2016)
and following revision (81 FR 41253,
June 24, 2016).
The Norton Sound Economic
Development Corporation has requested
that NMFS exchange 400 mt of flathead
sole CDQ reserves for 400 mt of rock
sole CDQ ABC reserves under
§ 679.31(d). Therefore, in accordance
with § 679.31(d), NMFS exchanges 400
mt of flathead sole CDQ reserves for 400
mt of rock sole CDQ ABC reserves in the
BSAI. This action also decreases and
increases the TACs and CDQ ABC
reserves by the corresponding amounts.
Tables 11 and 13 of the final 2016 and
2017 harvest specifications for
groundfish in the BSAI (81 FR 14773,
March 18, 2016), and following revision
(81 FR 41253, June 24, 2016), are
revised as follows:
SUPPLEMENTARY INFORMATION:
TABLE 11—FINAL 2016 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND
AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK
SOLE, AND YELLOWFIN SOLE TACS
[Amounts are in metric tons]
Pacific Ocean perch
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Sector
Eastern
Aleutian
District
TAC ..........................................................
CDQ .........................................................
ICA ...........................................................
BSAI trawl limited access ........................
Amendment 80 .........................................
Alaska Groundfish Cooperative ...............
Alaska Seafood Cooperative ...................
7,900
845
200
685
6,169
3,271
2,898
Central
Aleutian
District
Flathead sole
Western
Aleutian
District
7,000
749
75
618
5,558
2,947
2,611
Rock sole
Yellowfin sole
BSAI
BSAI
BSAI
9,000
963
10
161
7,866
4,171
3,695
20,585
1,832
5,000
0
13,753
1,411
12,342
Note: Sector apportionments may not total precisely due to rounding.
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E:\FR\FM\26JYR1.SGM
26JYR1
57,150
6,160
6,000
0
44,990
11,129
33,861
144,365
15,773
3,500
14,979
110,113
43,748
66,365
]]>Agencies
[Federal Register Volume 81, Number 143 (Tuesday, July 26, 2016)]
[Rules and Regulations]
[Pages 48719-48722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17630]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[160412328-6619-02]
RIN 0648-BF97
Atlantic Highly Migratory Species; North and South Atlantic 2016
Commercial Swordfish Quotas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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[[Page 48720]]
SUMMARY: This final rule adjusts the 2016 fishing season quotas for
North and South Atlantic swordfish based upon 2015 commercial quota
underharvests and international quota transfers consistent with the
International Commission for the Conservation of Atlantic Tunas (ICCAT)
Recommendations 13-02 and 13-03. This final rule also simplifies the
annual North and South Atlantic quota adjustment process when the
adjustment simply applies a previously-adopted formula or measure.
Finally, this final rule removes extraneous regulatory text about the
percentage of the annual baseline quota allocation that may be carried
over in a given year. This final rule could 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 on August 25, 2016.
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 (Final Rule to Implement the 2012 Atlantic Swordfish Quotas
and Other Measures); the 2007 EA, RIR, and FRFA for South Atlantic
swordfish (Final Rule to Modify the North and South Atlantic Swordfish
Commercial Quotas Based on 2006 ICCAT Recommendations); the 2006
Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management
Plan (FMP) and its amendments; and associated documents--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.
FOR FURTHER INFORMATION CONTACT: Steve Durkee by phone at 202-670-6637
or Karyl Brewster-Geisz by phone at 301-427-8503.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Atlantic swordfish fishery is managed under the 2006
Consolidated Atlantic HMS FMP (October 2, 2006; 71 FR 58058).
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
authorizes the transfer of 18.8 mt dw from the United States to
Mauritania as required by ICCAT Recommendation 13-02. For South
Atlantic swordfish, this action maintains the U.S. South Atlantic
swordfish quota at 75.2 mt dw (100 mt whole weight (ww)), carries over
75.1 mt dw of 2015 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. More specific 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 (81 FR 36511, June 7, 2016).
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 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 (586.0 mt ww) of underharvest from
2015 to 2016. This final rule adjusts the U.S. baseline quota for the
2016 fishing year to account for the annual quota transfer to
Mauritania and the 2015 underharvest.
The 2016 North Atlantic swordfish baseline quota is 2,937.6 mt dw
(3,907 mt ww). The preliminary estimate of North Atlantic swordfish
underharvest for 2015 was 2,181.6 mt dw as of December 31, 2015;
therefore, NMFS is carrying forward 440.6 mt dw, the maximum carryover
allowed under Recommendation 13-02. The 2,937.6 mt dw baseline quota is
reduced by the 18.8 mt dw annual quota transfer to Mauritania and
increased by the underharvest carryover of 440.6 mt dw, resulting in a
final adjusted North Atlantic swordfish quota for the 2016 fishing year
of 3,359.4 mt dw (2,937.6-18.8 + 440.6 = 3,359.4 mt dw). From that
adjusted quota, 50 mt dw will be allocated to the reserve category for
inseason adjustments and research, and 300 mt dw will be allocated to
the incidental category, which includes recreational landings and
landings by incidental swordfish permit holders, in accordance with
regulations at 50 CFR 635.27(c)(1)(i). This would result in an
allocation of 3,009.4 mt dw (3,359.4-50-300 = 3,009.4 mt dw) for the
directed category, which would be split equally between two seasons in
2016 (January through June, and July through December) (Table 1).
For clarity, the final rule removes extraneous regulatory text
about the percentage of the annual baseline quota allocation that may
be carried over in a given year. Under prior ICCAT recommendations, 25
percent of the unused annual baseline could be carried over to the
subsequent year. ICCAT Recommendation 13-02 changed the allowable
carryover to 15 percent from 2015 on. This change simplifies the
regulatory text by removing the reference to the 25-percent carryover
allowance to avoid confusion.
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.
In 2015, U.S. fishermen landed no South Atlantic swordfish
according to data available as of December 31, 2015. The adjusted 2015
South Atlantic swordfish quota was 75.1 mt dw due to nominal landings
in previous years. Therefore, 75.1 mt dw of underharvest is available
to carry over to 2016. 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
2016 fishing year.
[[Page 48721]]
Table 1--2016 North and South Atlantic Swordfish Quotas
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North Atlantic Swordfish Quota (mt
dw) 2015 2016
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Baseline Quota.................... 2,937.6.............................. 2,937.6
International Quota Transfer...... (-)18.8 (to Mauritania).............. (-)18.8 (to Mauritania)
Total Underharvest from Previous 1,337.4.............................. 2,181.6
Year \+\.
Underharvest Carryover from (+)440.6............................. (+)440.6
Previous Year \+\.
Adjusted Quota.................... 3,359.4.............................. 3,359.4
Quota Allocation:
Directed Category............. 3,009.4.............................. 3,009.4
Incidental Category........... 300.................................. 300
Reserve Category.............. 50................................... 50
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South Atlantic Swordfish Quota (mt 2015................................. 2016
dw)
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Baseline Quota.................... 75.2................................. 75.2
International Quota Transfers *... (-)75.2.............................. (-)75.2
Total Underharvest from Previous 75.1................................. 75.1
Year \+\.
Underharvest Carryover from 75.1................................. 75.1
Previous Year \+\.
Adjusted quota.................... 75.1................................. 75.1
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+ Allowable underharvest carryover is now 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 and 2015 underharvests are based
on data current as of December 31, 2015; they do 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).
Modification of the Annual Quota Adjustment Public Notification Process
In the past, NMFS has published proposed swordfish quota
specifications annually, allowed for a public comment period, and then
issued a final rule. NMFS has done this when adopting new quotas,
altering conservation and management measures pursuant to an ICCAT
recommendation, or when simply adjusting the swordfish quotas based on
formulas or measures codified in regulations previously adopted through
notice-and-comment rulemaking (see, e.g., regulatory text at 50 CFR
635.27(c)). Where NMFS is simply administering a pre-established
formula that is already embodied in regulations, it has limited
discretion over implementation. Inviting public notice and comment on
these actions may have unnecessarily confused the regulated community,
which has not understood the scope of these actions and NMFS' lack of
discretion to make changes in these situations. Past public comments
have included requests that go well beyond the scope of these actions,
including suggestions to carry over underharvests in an amount
exceeding the carryover limit, which would be inconsistent with ICCAT
recommendations; requests not to carry over any underharvests, which
would be inconsistent with the established regulatory formulas; and
requests to shut down the commercial swordfish fishery.
To address public confusion and streamline the regulatory process,
NMFS notifies the public that beginning in 2017, it will annually
adjust the North and South Atlantic swordfish quotas through a final
rule without an opportunity for public comment, as appropriate, when
such adjustments simply apply a previously-adopted formula and are
administrative in nature. NMFS takes such action consistent with
requirements of the Administrative Procedure Act. NMFS would continue
to undertake notice and comment rulemaking when adopting new quotas or
otherwise altering conservation and management measures.
Response to Comments
During the proposed rule comment period, NMFS received one written
comment; however, it was not relevant to the proposed action.
Changes From the Proposed Rule
The final rule contains no changes from the proposed rule.
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, ATCA, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Previously, NMFS determined that proposed rules to implement the
North Atlantic swordfish quota (77 FR 25669, May 1, 2012) and South
Atlantic swordfish quota (75 FR 35432, June 22, 2010) were consistent
to the maximum extent practicable with the enforceable policies of the
approved coastal management program of coastal states on the Atlantic,
including the Gulf of Mexico and the Caribbean Sea. Pursuant to 15 CFR
930.41(a), NMFS provided the Coastal Zone Management Program of each
coastal state a 60-day period to review the consistency determination
and to advise the Agency of their concurrence. NMFS received
concurrence with the consistency determinations from several states and
inferred consistency from those states that did not respond within the
60-day time period. This final action to establish the 2016 North and
South Atlantic swordfish quotas does not change the framework
previously consulted upon; therefore, no additional consultation is
required.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Treaties.
[[Page 48722]]
Dated: July 21, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For reasons set out in the preamble, 50 CFR part 635 is amended as
follows:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
0
1. The authority citation for part 635 continues to read as follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
0
2. In Sec. 635.27, revise paragraph (c)(3) to read as follows:
Sec. 635.27 Quotas.
* * * * *
(c) * * *
(3) Annual adjustments. NMFS will file with the Office of the
Federal Register for publication notice of the following adjustments to
or apportionments of the annual quota:
(i) Adjustments to the quota necessary to meet the objectives of
the Consolidated Highly Migratory Species Fishery Management Plan
consistent with the quota provisions of paragraph (c)(1) of this
section.
(ii) If consistent with applicable ICCAT recommendations, total
landings above or below the specific North Atlantic or South Atlantic
swordfish annual quota will be subtracted from, or added to, the
following year's quota for that area. As necessary to meet management
objectives, such adjustments may be apportioned to fishing categories
and/or to the reserve. Carryover adjustments for the North Atlantic
shall be limited to 15 percent of the annual baseline quota allocation.
Carryover adjustments for the South Atlantic shall be limited to 100 mt
ww (75.2 mt dw). Any adjustments to the 12-month directed fishery quota
will be apportioned equally between the two semiannual fishing seasons.
(iii) The dressed weight equivalent of the amount by which dead
discards exceed the allowance specified at paragraph (c)(1)(i)(C) of
this section will be subtracted from the landings quota in the
following fishing year or from the reserve category.
* * * * *
[FR Doc. 2016-17630 Filed 7-25-16; 8:45 am]
BILLING CODE 3510-22-P
