Atlantic Highly Migratory Species; Adjustments to 2017 Northern Albacore Tuna Quota, 2017 North and South Atlantic Swordfish Quotas, and 2017 Atlantic Bluefin Tuna Reserve Category Quota, 43500-43503 [2017-19777]
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Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Rules and Regulations
Amendments of 1972, as amended; 33 U.S.C.
1251; 1311; 1314(b), (c), (e), and (g); 1316;
1317; 1318 and 1361).
2. Amend § 423.11 by revising
paragraph (t) introductory text to read as
follows:
■
§ 423.11
Specialized definitions.
*
*
*
*
*
(t) The phrase ‘‘as soon as possible’’
means November 1, 2018 (except for
purposes of § 423.13(g)(1)(i) and
(k)(1)(i), and § 423.16(e) and (g), in
which case it means November 1, 2020),
unless the permitting authority
establishes a later date, after receiving
information from the discharger, which
reflects a consideration of the following
factors:
*
*
*
*
*
§ 423.13
[Amended]
3. Amend § 423.13 paragraphs (g)(1)(i)
and (k)(1)(i) by removing the text
‘‘November 1, 2018’’ and adding the text
‘‘November 1, 2020’’ in its place.
■
§ 423.16
[Amended]
4. Amend § 423.16 paragraphs (e) two
times, and (g) by removing the text
‘‘November 1, 2018’’ and adding the text
‘‘November 1, 2020’’ in its place.
■
[FR Doc. 2017–19821 Filed 9–15–17; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 170602535–7835–01]
RIN 0648–XF480
Atlantic Highly Migratory Species;
Adjustments to 2017 Northern
Albacore Tuna Quota, 2017 North and
South Atlantic Swordfish Quotas, and
2017 Atlantic Bluefin Tuna Reserve
Category Quota
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary final rule.
AGENCY:
NMFS adjusts the northern
albacore tuna annual baseline quota for
2017 with available underharvest of the
2016 adjusted U.S. northern albacore
quota. NMFS also adjusts the North and
South Atlantic swordfish baseline
quotas for 2017 based on available
underharvest from the 2016 adjusted
U.S. quotas and international quota
transfers. NMFS also augments the 2017
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SUMMARY:
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Atlantic bluefin tuna Reserve category
quota with available underharvest of the
2016 adjusted U.S. bluefin tuna quota.
This action is necessary to implement
binding recommendations of the
International Commission for the
Conservation of Atlantic Tunas (ICCAT),
as required by the Atlantic Tunas
Convention Act (ATCA), and to achieve
domestic management objectives under
the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
DATES: Effective September 18, 2017,
through December 31, 2017.
ADDRESSES: Supporting documents such
as Environmental Assessments and
Fishery Management Plans and their
Amendments described below may be
downloaded from the HMS Web site at
www.nmfs.noaa.gov/sfa/hms/. These
documents also are available upon
request from Sarah McLaughlin, Steve
Durkee, or Gray Redding at the
telephone numbers below.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin, 978–281–9260,
Steve Durkee, 202–670–6637, or Gray
Redding, 301–427–8503.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the Atlantic Tunas
Convention Act (ATCA; 16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act; 16 U.S.C. 1801
et seq.) governing the harvest of
northern albacore, swordfish, and
bluefin tuna by persons and vessels
subject to U.S. jurisdiction are found at
50 CFR part 635. Section 635.27(e)
describes the northern albacore annual
quota recommended by ICCAT and the
annual northern albacore quota
adjustment process. Section 635.27(c)
describes the quota adjustment process
for both North and South Atlantic
swordfish. Section 635.27(a) subdivides
the ICCAT-recommended U.S. bluefin
tuna quota among the various domestic
fishing categories, per the allocations
established in the 2006 Consolidated
Atlantic Highly Migratory Species
Fishery Management Plan (2006
Consolidated HMS FMP) (71 FR 58058,
October 2, 2006), as amended by
Amendment 7 to the 2006 Consolidated
HMS FMP (Amendment 7) (79 FR
71510, December 2, 2014), and describes
the annual bluefin tuna quota
adjustment process. NMFS is required
under ATCA and the Magnuson-Stevens
Act to provide U.S. fishing vessels with
a reasonable opportunity to harvest the
ICCAT-recommended quotas.
The northern albacore quota
implementation and quota adjustment
processes, along with the bluefin tuna
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quota adjustment process, were
previously analyzed in Amendment 7,
which published in August 2014 and
included a Final Environmental Impact
Statement, Final Regulatory Impact
Review (RIR), Final Regulatory
Flexibility Analysis (FRFA), and Final
Social Impact Statement. ICCAT
conducted another bluefin tuna stock
assessment update in 2014, and, after
considering the scientific advice in the
stock assessment, adopted a
recommendation regarding western
Atlantic bluefin tuna management that
increases the U.S. bluefin tuna quota for
2015 and 2016 (ICCAT
Recommendation 14–05). NMFS
published a final rule to implement that
baseline annual U.S. bluefin tuna quota
on August 28, 2015 (80 FR 52198), and
prepared an Environmental Assessment
(EA), RIR, and FRFA for that action.
ICCAT Recommendation 16–08
extended the U.S. bluefin tuna
allocation established in
Recommendation 14–05 through 2017.
The North Atlantic swordfish quota
adjustment process was previously
analyzed in the EA, RIR, and FRFA that
were prepared for the 2012 Swordfish
Quota Adjustment Rule (July 31, 2012;
77 FR 45273). The South Atlantic
swordfish quota adjustment process was
previously analyzed in the EA, RIR, and
FRFA that were prepared for the 2007
Swordfish Quota Specification Final
Rule (October 5, 2007; 72 FR 56929). In
the 2016 North and South Atlantic
Swordfish Quotas Adjustment Final
Rule (July 26, 2016, 81 FR 48719), after
taking public comment on the issue,
NMFS announced its intent to no longer
issue proposed and final specifications/
rules for North and South Atlantic
swordfish quotas adjustments in cases
where the quota adjustment follows
previously codified and analyzed
formulas. Therefore, beginning this year,
NMFS is instead issuing a temporary
final rule to adjust the quota, in a
similar process to northern albacore and
bluefin tuna quota adjustments. NMFS
will continue to undertake notice and
comment rulemaking when adopting
new quotas, quota formulas, or
otherwise altering conservation and
management measures.
Note that weight information for
northern albacore and bluefin tuna
below is shown in metric tons (mt)
whole weight (ww), and both dressed
weight (dw) and ww is shown for
swordfish.
Northern Albacore Annual Quota and
Adjustment Process
Since 1998, ICCAT has adopted
recommendations regarding the
northern albacore fishery. The current
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ICCAT northern albacore
recommendation (Recommendation 16–
06) includes a total allowable catch
(TAC) at 28,000 metric tons (mt) for
2017 and specific recommendations
regarding the northern albacore
conservation and management. The U.S.
baseline quota for 2017 is 527 mt,
annually. The baseline quota of 527 mt
is codified at § 635.27(e) and will
remain in effect until changed. For
example, Recommendation 16–06
specifies that the quota for 2019 and
2020 will be 564.6 mt. It also specifies
that if, in any year, the combined
contracting parties’ landings exceed the
TAC, the Commission will re-evaluate
the Recommendation and recommend
further conservation measures, as
appropriate.
Amendment 7 established the process
by which NMFS adjusts the U.S. annual
northern albacore quota for allowable
underharvest, if any, in the previous
year. NMFS makes such adjustments
consistent with ICCAT limits and when
complete catch information for the prior
year is available and finalized. The
maximum underharvest that a
Contracting Party may carry forward
from one year to the next is 25 percent
of its initial catch quota, which equals
131.75 mt for the United States.
Adjustment of the 2017 Northern
Albacore Quota
For 2016, the adjusted quota was
658.75 mt (527 mt plus 131.75 mt of
2015 underharvest carried forward to
2016). The total 2016 northern albacore
catch was 249.60 mt, which is 409.15 mt
less than the 2016 adjusted quota. Thus,
the underharvest for 2016 is 409.15 mt,
131.75 mt of which may be carried
forward to the 2017 fishing year. Thus,
the adjusted 2017 northern albacore
quota is 527 mt plus 131.75 mt, totaling
658.75 mt.
North and South Atlantic Swordfish
Annual Quota and Adjustment Process
North Atlantic Swordfish
At the 2016 ICCAT annual meeting,
Recommendation 16–03 maintained the
North Atlantic swordfish TAC of 10,301
mt dw (13,700 mt ww) through 2017. Of
this TAC, the United States’ baseline
quota is 2,937.6 mt dw (3,907 mt ww)
per year. ICCAT Recommendation 16–
03 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 2016 to
2017. This final rule adjusts the U.S.
baseline quota for the 2017 fishing year
to account for the annual quota transfer
to Mauritania and the 2016
underharvest.
The 2017 North Atlantic swordfish
baseline quota is 2,937.6 mt dw (3,907
mt ww). The total 2016 North Atlantic
swordfish catch and dead discards
totaled 1,144.4 mt dw, which is 2,215
mt dw less than the 2016 adjusted quota
of 3,359.4 mt dw. Thus, the North
Atlantic swordfish underharvest for
2016 was 2,215 mt dw, and NMFS is
carrying forward 440.6 mt dw, the
maximum carryover allowed under
Recommendation 16–03. 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 2017
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
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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
2017 (January through June, and July
through December) (Table 1).
South Atlantic Swordfish
In 2016, ICCAT Recommendation 16–
04 maintained the South Atlantic
swordfish TAC at 11,278.2 mt dw
(15,000 mt ww) through 2017. Of this,
the United States receives 75.2 mt dw
(100 mt ww). Recommendation 16–04
limits the amount of South Atlantic
swordfish underharvest that can be
carried forward from one year to the
next, and the United States may carry
forward up to 100 percent of its baseline
quota (75.2 mt dw). Recommendation
16–04 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)
ˆ
to Cote d’Ivoire, and 18.8 mt dw (25 mt
ww) to Belize.
U.S. fishermen landed no South
Atlantic swordfish in 2016. The
adjusted 2016 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 2017. 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 2017 fishing year (Table
1).
TABLE 1—2017 NORTH AND SOUTH ATLANTIC SWORDFISH QUOTAS
2016
2017
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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 ...................................................................................................
2,937.6 ...............................
(¥)18.8 (to Mauritania) ......
2,181.6 ...............................
(+) 440.6 .............................
3,359.4 ...............................
2,937.6
(¥)18.8 (to Mauritania)
2,215.0
(+) 440.6
3,359.4
3,009.4 ...............................
300 .....................................
50 .......................................
3,009.4
300
50
South Atlantic Swordfish Quota (mt dw)
Baseline Quota ..............................................................................................................
International Quota Transfers* ......................................................................................
Total Underharvest from Previous Year ........................................................................
Underharvest Carryover from Previous Year + ..............................................................
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75.2 ....................................
(¥)75.2 ..............................
75.1 ....................................
75.1 ....................................
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75.2
(¥)75.2
75.1
75.1
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Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Rules and Regulations
TABLE 1—2017 NORTH AND SOUTH ATLANTIC SWORDFISH QUOTAS—Continued
2016
Adjusted quota ...............................................................................................................
2017
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.
ˆ
* Under Recommendation 16–04, 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).
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Bluefin Tuna Annual Quota and
Adjustment Process
Pursuant to Amendment 7, NMFS
augments the Reserve category quota to
the extent that underharvest from the
prior year’s adjusted U.S. bluefin tuna
quota is available. NMFS makes such
adjustments consistent with ICCAT
limits and when complete catch
information for the prior year is
available and finalized. Consistent with
the bluefin tuna quota regulations,
NMFS may allocate any portion of the
Reserve category quota for inseason or
annual adjustments to any fishing
category quota pursuant to regulatory
determination criteria described at
§ 635.27(a)(8), or for scientific research.
NMFS implemented ICCAT
Recommendation 14–05 in the bluefin
tuna quota final rule in August 2015 (80
FR 52198, August 28, 2015). That
rulemaking implemented
Recommendation 14–05, which
included a western bluefin tuna TAC of
2,000 mt (for 2015 and 2016) and the
recommended annual U.S. baseline
quota of 1,058.79 mt. The total annual
U.S. quota, including the 25 mt to
account for bycatch related to pelagic
longline fisheries in the Northeast
Distant gear restricted area (NED) is
1,083.79 mt. Any underharvest of a
CPC’s total quota in a given year may be
carried forward to the next year but is
limited to 10 percent of the CPC’s initial
quota allocation (for the United States,
its baseline quota plus 25 mt for the
NED). ICCAT Recommendation 16–08
extended these provisions through 2017.
The baseline annual U.S. bluefin tuna
quota of 1,058.79 mt is codified at
§ 635.27(a) and will remain in effect
until changed (for instance, if a new
ICCAT western bluefin tuna TAC
recommendation is adopted).
Adjustment of the 2016 Bluefin Tuna
Reserve Category Quota
The total 2016 bluefin tuna catch was
1,025.10 mt. This total catch includes
landings and dead discards. The total
catch of 1,025.10 mt is 167.07 mt less
than the 2016 adjusted quota of 1,083.79
mt. Per ICCAT Recommendation 16–08,
only 10 percent of the total 2016 U.S.
quota, or 108.38 mt, of that
underharvest may be carried forward to
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the 2017 fishing year, resulting in a
2017 adjusted quota of 1,192.17 mt
(baseline quota of 1,083.79 mt +
underharvest carryover of 108.38 mt).
The codified Reserve category quota is
24.8 mt. Consistent with the process
established in Amendment 7, NMFS
augments the Reserve category quota
with 108.38 mt in this action. Effective
February 28, 2017, NMFS adjusted the
Reserve category quota for 2017 to 118
mt by reallocating 138.2 mt of Purse
Seine quota to the Reserve category
(based on 2016 catch by Purse Seine
category participants) and also
transferring 45 mt of Reserve category
quota to the Longline category (82 FR
12296, March 2, 2017). Effective March
2, 2017, NMFS transferred 40 mt from
the Reserve to the General category (82
FR 12747, March 7, 2017). Additionally,
effective August 11, 2017, NMFS
transferred an additional 30 mt from the
Reserve to the Harpoon category (82 FR
38853, August 16, 2017). Thus, as of the
effective date of this action (September
18, 2017), the adjusted 2017 Reserve
category quota would be 156.38 mt (24.8
+ 138.2¥45¥40¥30 + 108.38).
Classification
The Assistant Administrator for
NMFS (AA) has determined that this
temporary final rule is consistent with
the Magnuson-Stevens Act, the 2006
Consolidated Atlantic HMS FMP and its
amendments, other provisions of the
Magnuson-Stevens Act, ATCA, and
other applicable law.
Pursuant to section 553(b)(B) of the
Administrative Procedure Act (5 U.S.C.
553(b)(B)), the AA finds that it would be
unnecessary and contrary to the public
interest to provide prior notice of, and
an opportunity for public comment on,
this action for the reasons described
below.
NMFS solicited and accepted public
comment on the northern albacore quota
implementation and quota adjustment
processes, along with the bluefin tuna
quota adjustment process, as part of the
Amendment 7 rulemaking. Public
comments on these provisions in
response to the proposed Amendment 7
rule were generally supportive and were
addressed in the Response to Comments
section of the Amendment 7 final rule.
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(See comments 18, 19, and 105 at 79 FR
71530–71531 and 71553). Similarly, in
the past, North and South Atlantic
swordfish quota adjustments were
performed through an annual notice and
comment rulemaking process. In the
2016 North and South Atlantic
Swordfish Quota Adjustment Rule (81
FR 48719, July 26, 2016), NMFS
announced the intent to no longer issue
proposed and final specifications/rules
for North and South Atlantic swordfish
quota adjustments in cases where the
quota adjustment simply follows
previously codified and analyzed
formulas. Public comments on this
process change were generally
supportive. Beginning this year, NMFS
will instead issue a temporary final rule
to adjust the quota. NMFS will continue
to undertake notice and comment
rulemaking if adopting new quotas,
quota formulas, or otherwise altering
conservation and management measures
for North and South Atlantic swordfish.
This action applies the formulas
which the public received notice of in
the earlier actions (Amendment 7 and
the 2016 North and South Atlantic
Swordfish Quota Adjustment Rule),
using the best available data regarding
2016 catch and underharvest and
calculating allowable underharvest
consistent with ICCAT
recommendations. The rulemakings for
Amendment 7 and the 2016 North and
South Atlantic Swordfish Quota
Adjustment Rule specifically provided
prior notice of, and accepted public
comment on, these formulaic quota
adjustment processes and the manner in
which they occur. The application of
this formula in this action does not have
discretionary aspects requiring
additional agency consideration and
thus it would be unnecessarily
duplicative to accept public comment
for this action.
There is good cause under U.S.C.
553(d)(3) to waive the 30-day delay in
effective date and to make the rule
effective upon publication in the
Federal Register. The fisheries for
northern albacore, North and South
Atlantic swordfish, and bluefin tuna
began on January 1, 2017. NMFS
monitors northern albacore, North and
South Atlantic swordfish, and bluefin
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Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Rules and Regulations
tuna annual catch and measures the
annual catch data against the applicable
available quotas. Delaying the effective
date of these quota adjustments would
complicate the management of the
northern albacore, North and South
Atlantic swordfish, and bluefin tuna
fisheries, all of which rely on
management flexibility to respond
quickly to fishery conditions to ensure
that fishermen have a reasonable
opportunity to catch the available
quotas. For example, under the northern
albacore fishery closure regulations,
NMFS must close the fishery when the
annual fishery quota is reached. Closure
of the fishery based only on the baseline
(codified) quota versus the adjusted
northern albacore quota could preclude
the fishery from harvesting northern
albacore that are legally available
consistent with the ICCAT
recommendations and the 2006
Consolidated HMS FMP, as amended.
Adjusting the North and South Atlantic
swordfish quota allows the United
States to comply with the ICCAT
allowance to carry over quota
underharvest and the obligation of
international quota transfers. Adjusting
the bluefin tuna Reserve category as
soon as possible provides NMFS the
flexibility to transfer quota from the
Reserve to other fishing categories
inseason after considering the regulatory
determination criteria, including fishery
conditions at the time of the transfer.
The amount of quota currently in the
Reserve category is relatively low, and
NMFS may need to transfer quota soon
in order to reduce the likelihood of
fishery closure during the September or
subsequent subquota time periods.
NMFS could not appropriately adjust
the annual quotas for 2017 sooner
because the data needed to make the
determination did not become available
until August, and additional time was
needed for agency analysis and
consideration of the data.
Additionally, to prevent confusion
and potential overharvests, these
adjustments should be in place as soon
as possible in order to allow the
impacted sectors to benefit from any
subsequent quota adjustments to the
fishing categories, give them a
reasonable opportunity to catch
available quota, and provide them the
opportunity for planning operations
accordingly.
This action is being taken under
§ 635.27(e) and § 635.27(a)(10), and is
exempt from review under Executive
Order 12866.
This action does not contain a
collection-of-information requirement
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for purposes of the Paperwork
Reduction Act.
Because prior notice and opportunity
for public comment are not required for
this rule by 5 U.S.C. 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: September 13, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2017–19777 Filed 9–15–17; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 161020985–7181–02]
RIN 0648–XF654
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pacific Cod in the Bering Sea and
Aleutian Islands Management Area;
Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocations;
correction.
AGENCY:
NMFS is correcting a
temporary rule that reallocated Pacific
cod from vessels using jig gear and
catcher vessels greater than or equal to
60 feet (18.3 meters) length overall
(LOA) using hook-and-line gear to
catcher vessels less than 60 feet (18.3
meters) LOA using hook-and-line or pot
gear in the Bering Sea and Aleutian
Islands management area. The amount
reallocated from vessels using jig gear
was incorrect.
DATES: Effective September 18, 2017
through 2400 hours, Alaska local time
(A.l.t) December 31, 2017, and is
applicable beginning August 30, 2017.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Need for Correction
NMFS published the reallocation of
Pacific cod on September 5, 2017 (82 FR
41899). The document contains
incorrect amounts of Pacific cod to be
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43503
transferred to catcher vessels less than
60 feet LOA using hook-and-line or pot
gear from vessels using jig gear. These
corrections will not affect the fishing
operations. These corrections are
necessary to provide the correct
information about the amount of the
Pacific cod transferred from vessels
using jig gear and eliminate potential
avoid confusion by fishery participants.
Correction
In the Federal Register of September
5, 2017, (82 FR 41899) in FR Doc. 2017–
18733, on page 41900, column 1,
paragraph 2, sentences 1 and 2 are
corrected to read as follows:
‘‘The Administrator, Alaska Region,
NMFS, (Regional Administrator) has
determined that jig vessels will not be
able to harvest 1,186 mt of the
remaining 2017 Pacific cod TAC
allocated to those vessels under
§ 679.20(a)(7)(ii)(A)(1). Therefore, in
accordance with § 679.20(a)(7)(iii)(A),
NMFS apportions 1,186 mt of Pacific
cod to the annual amount specified for
catcher vessels less than 60 feet LOA
using hook-and-line or pot gear.’’
Classification
The Assistant Administrator for
Fisheries, NOAA (AA), finds good cause
to waive the requirement to provide
prior notice and opportunity for public
comment pursuant to the authority set
forth at 5 U.S.C. 553(b)(B) as such
requirement is impracticable and
contrary to the public interest. This
actions corrects an error that attributed
the total amount of Pacific cod being
transferred to catcher vessels less than
60 feet LOA using hook-and-line or pot
gear from multiple sectors (1,612 mt),
rather than the amount of Pacific cod
being reallocated from vessels using jig
gear (1,186 mt). This correction does not
change operating practices in the
fisheries. Corrections should be made as
soon as possible to avoid confusion for
participants in the fisheries.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 12, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–19628 Filed 9–15–17; 8:45 am]
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]]>Agencies
[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)]
[Rules and Regulations]
[Pages 43500-43503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19777]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 170602535-7835-01]
RIN 0648-XF480
Atlantic Highly Migratory Species; Adjustments to 2017 Northern
Albacore Tuna Quota, 2017 North and South Atlantic Swordfish Quotas,
and 2017 Atlantic Bluefin Tuna Reserve Category Quota
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary final rule.
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SUMMARY: NMFS adjusts the northern albacore tuna annual baseline quota
for 2017 with available underharvest of the 2016 adjusted U.S. northern
albacore quota. NMFS also adjusts the North and South Atlantic
swordfish baseline quotas for 2017 based on available underharvest from
the 2016 adjusted U.S. quotas and international quota transfers. NMFS
also augments the 2017 Atlantic bluefin tuna Reserve category quota
with available underharvest of the 2016 adjusted U.S. bluefin tuna
quota. This action is necessary to implement binding recommendations of
the International Commission for the Conservation of Atlantic Tunas
(ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and
to achieve domestic management objectives under the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act).
DATES: Effective September 18, 2017, through December 31, 2017.
ADDRESSES: Supporting documents such as Environmental Assessments and
Fishery Management Plans and their Amendments described below may be
downloaded from the HMS Web site at www.nmfs.noaa.gov/sfa/hms/. These
documents also are available upon request from Sarah McLaughlin, Steve
Durkee, or Gray Redding at the telephone numbers below.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260, Steve
Durkee, 202-670-6637, or Gray Redding, 301-427-8503.
SUPPLEMENTARY INFORMATION: Regulations implemented under the authority
of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of northern
albacore, swordfish, and bluefin tuna by persons and vessels subject to
U.S. jurisdiction are found at 50 CFR part 635. Section 635.27(e)
describes the northern albacore annual quota recommended by ICCAT and
the annual northern albacore quota adjustment process. Section
635.27(c) describes the quota adjustment process for both North and
South Atlantic swordfish. Section 635.27(a) subdivides the ICCAT-
recommended U.S. bluefin tuna quota among the various domestic fishing
categories, per the allocations established in the 2006 Consolidated
Atlantic Highly Migratory Species Fishery Management Plan (2006
Consolidated HMS FMP) (71 FR 58058, October 2, 2006), as amended by
Amendment 7 to the 2006 Consolidated HMS FMP (Amendment 7) (79 FR
71510, December 2, 2014), and describes the annual bluefin tuna quota
adjustment process. NMFS is required under ATCA and the Magnuson-
Stevens Act to provide U.S. fishing vessels with a reasonable
opportunity to harvest the ICCAT-recommended quotas.
The northern albacore quota implementation and quota adjustment
processes, along with the bluefin tuna quota adjustment process, were
previously analyzed in Amendment 7, which published in August 2014 and
included a Final Environmental Impact Statement, Final Regulatory
Impact Review (RIR), Final Regulatory Flexibility Analysis (FRFA), and
Final Social Impact Statement. ICCAT conducted another bluefin tuna
stock assessment update in 2014, and, after considering the scientific
advice in the stock assessment, adopted a recommendation regarding
western Atlantic bluefin tuna management that increases the U.S.
bluefin tuna quota for 2015 and 2016 (ICCAT Recommendation 14-05). NMFS
published a final rule to implement that baseline annual U.S. bluefin
tuna quota on August 28, 2015 (80 FR 52198), and prepared an
Environmental Assessment (EA), RIR, and FRFA for that action. ICCAT
Recommendation 16-08 extended the U.S. bluefin tuna allocation
established in Recommendation 14-05 through 2017.
The North Atlantic swordfish quota adjustment process was
previously analyzed in the EA, RIR, and FRFA that were prepared for the
2012 Swordfish Quota Adjustment Rule (July 31, 2012; 77 FR 45273). The
South Atlantic swordfish quota adjustment process was previously
analyzed in the EA, RIR, and FRFA that were prepared for the 2007
Swordfish Quota Specification Final Rule (October 5, 2007; 72 FR
56929). In the 2016 North and South Atlantic Swordfish Quotas
Adjustment Final Rule (July 26, 2016, 81 FR 48719), after taking public
comment on the issue, NMFS announced its intent to no longer issue
proposed and final specifications/rules for North and South Atlantic
swordfish quotas adjustments in cases where the quota adjustment
follows previously codified and analyzed formulas. Therefore, beginning
this year, NMFS is instead issuing a temporary final rule to adjust the
quota, in a similar process to northern albacore and bluefin tuna quota
adjustments. NMFS will continue to undertake notice and comment
rulemaking when adopting new quotas, quota formulas, or otherwise
altering conservation and management measures.
Note that weight information for northern albacore and bluefin tuna
below is shown in metric tons (mt) whole weight (ww), and both dressed
weight (dw) and ww is shown for swordfish.
Northern Albacore Annual Quota and Adjustment Process
Since 1998, ICCAT has adopted recommendations regarding the
northern albacore fishery. The current
[[Page 43501]]
ICCAT northern albacore recommendation (Recommendation 16-06) includes
a total allowable catch (TAC) at 28,000 metric tons (mt) for 2017 and
specific recommendations regarding the northern albacore conservation
and management. The U.S. baseline quota for 2017 is 527 mt, annually.
The baseline quota of 527 mt is codified at Sec. 635.27(e) and will
remain in effect until changed. For example, Recommendation 16-06
specifies that the quota for 2019 and 2020 will be 564.6 mt. It also
specifies that if, in any year, the combined contracting parties'
landings exceed the TAC, the Commission will re[hyphen]evaluate the
Recommendation and recommend further conservation measures, as
appropriate.
Amendment 7 established the process by which NMFS adjusts the U.S.
annual northern albacore quota for allowable underharvest, if any, in
the previous year. NMFS makes such adjustments consistent with ICCAT
limits and when complete catch information for the prior year is
available and finalized. The maximum underharvest that a Contracting
Party may carry forward from one year to the next is 25 percent of its
initial catch quota, which equals 131.75 mt for the United States.
Adjustment of the 2017 Northern Albacore Quota
For 2016, the adjusted quota was 658.75 mt (527 mt plus 131.75 mt
of 2015 underharvest carried forward to 2016). The total 2016 northern
albacore catch was 249.60 mt, which is 409.15 mt less than the 2016
adjusted quota. Thus, the underharvest for 2016 is 409.15 mt, 131.75 mt
of which may be carried forward to the 2017 fishing year. Thus, the
adjusted 2017 northern albacore quota is 527 mt plus 131.75 mt,
totaling 658.75 mt.
North and South Atlantic Swordfish Annual Quota and Adjustment Process
North Atlantic Swordfish
At the 2016 ICCAT annual meeting, Recommendation 16-03 maintained
the North Atlantic swordfish TAC of 10,301 mt dw (13,700 mt ww) through
2017. Of this TAC, the United States' baseline quota is 2,937.6 mt dw
(3,907 mt ww) per year. ICCAT Recommendation 16-03 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
2016 to 2017. This final rule adjusts the U.S. baseline quota for the
2017 fishing year to account for the annual quota transfer to
Mauritania and the 2016 underharvest.
The 2017 North Atlantic swordfish baseline quota is 2,937.6 mt dw
(3,907 mt ww). The total 2016 North Atlantic swordfish catch and dead
discards totaled 1,144.4 mt dw, which is 2,215 mt dw less than the 2016
adjusted quota of 3,359.4 mt dw. Thus, the North Atlantic swordfish
underharvest for 2016 was 2,215 mt dw, and NMFS is carrying forward
440.6 mt dw, the maximum carryover allowed under Recommendation 16-03.
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 2017 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 2017 (January through June, and
July through December) (Table 1).
South Atlantic Swordfish
In 2016, ICCAT Recommendation 16-04 maintained the South Atlantic
swordfish TAC at 11,278.2 mt dw (15,000 mt ww) through 2017. Of this,
the United States receives 75.2 mt dw (100 mt ww). Recommendation 16-04
limits the amount of South Atlantic swordfish underharvest that can be
carried forward from one year to the next, and the United States may
carry forward up to 100 percent of its baseline quota (75.2 mt dw).
Recommendation 16-04 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.
U.S. fishermen landed no South Atlantic swordfish in 2016. The
adjusted 2016 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 2017. 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 2017 fishing year (Table 1).
Table 1--2017 North and South Atlantic Swordfish Quotas
------------------------------------------------------------------------
2016 2017
------------------------------------------------------------------------
North Atlantic Swordfish Quota (mt dw)
------------------------------------------------------------------------
Baseline Quota................... 2,937.6........... 2,937.6
International Quota Transfer..... (-)18.8 (to (-)18.8 (to
Mauritania). Mauritania)
Total Underharvest from Previous 2,181.6........... 2,215.0
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
------------------------------------------------------------------------
South Atlantic Swordfish Quota (mt dw)
------------------------------------------------------------------------
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 \+\.
[[Page 43502]]
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.
* Under Recommendation 16-04, 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).
Bluefin Tuna Annual Quota and Adjustment Process
Pursuant to Amendment 7, NMFS augments the Reserve category quota
to the extent that underharvest from the prior year's adjusted U.S.
bluefin tuna quota is available. NMFS makes such adjustments consistent
with ICCAT limits and when complete catch information for the prior
year is available and finalized. Consistent with the bluefin tuna quota
regulations, NMFS may allocate any portion of the Reserve category
quota for inseason or annual adjustments to any fishing category quota
pursuant to regulatory determination criteria described at Sec.
635.27(a)(8), or for scientific research.
NMFS implemented ICCAT Recommendation 14-05 in the bluefin tuna
quota final rule in August 2015 (80 FR 52198, August 28, 2015). That
rulemaking implemented Recommendation 14-05, which included a western
bluefin tuna TAC of 2,000 mt (for 2015 and 2016) and the recommended
annual U.S. baseline quota of 1,058.79 mt. The total annual U.S. quota,
including the 25 mt to account for bycatch related to pelagic longline
fisheries in the Northeast Distant gear restricted area (NED) is
1,083.79 mt. Any underharvest of a CPC's total quota in a given year
may be carried forward to the next year but is limited to 10 percent of
the CPC's initial quota allocation (for the United States, its baseline
quota plus 25 mt for the NED). ICCAT Recommendation 16-08 extended
these provisions through 2017. The baseline annual U.S. bluefin tuna
quota of 1,058.79 mt is codified at Sec. 635.27(a) and will remain in
effect until changed (for instance, if a new ICCAT western bluefin tuna
TAC recommendation is adopted).
Adjustment of the 2016 Bluefin Tuna Reserve Category Quota
The total 2016 bluefin tuna catch was 1,025.10 mt. This total catch
includes landings and dead discards. The total catch of 1,025.10 mt is
167.07 mt less than the 2016 adjusted quota of 1,083.79 mt. Per ICCAT
Recommendation 16-08, only 10 percent of the total 2016 U.S. quota, or
108.38 mt, of that underharvest may be carried forward to the 2017
fishing year, resulting in a 2017 adjusted quota of 1,192.17 mt
(baseline quota of 1,083.79 mt + underharvest carryover of 108.38 mt).
The codified Reserve category quota is 24.8 mt. Consistent with the
process established in Amendment 7, NMFS augments the Reserve category
quota with 108.38 mt in this action. Effective February 28, 2017, NMFS
adjusted the Reserve category quota for 2017 to 118 mt by reallocating
138.2 mt of Purse Seine quota to the Reserve category (based on 2016
catch by Purse Seine category participants) and also transferring 45 mt
of Reserve category quota to the Longline category (82 FR 12296, March
2, 2017). Effective March 2, 2017, NMFS transferred 40 mt from the
Reserve to the General category (82 FR 12747, March 7, 2017).
Additionally, effective August 11, 2017, NMFS transferred an additional
30 mt from the Reserve to the Harpoon category (82 FR 38853, August 16,
2017). Thus, as of the effective date of this action (September 18,
2017), the adjusted 2017 Reserve category quota would be 156.38 mt
(24.8 + 138.2-45-40-30 + 108.38).
Classification
The Assistant Administrator for NMFS (AA) has determined that this
temporary final rule is consistent with the Magnuson-Stevens Act, the
2006 Consolidated Atlantic HMS FMP and its amendments, other provisions
of the Magnuson-Stevens Act, ATCA, and other applicable law.
Pursuant to section 553(b)(B) of the Administrative Procedure Act
(5 U.S.C. 553(b)(B)), the AA finds that it would be unnecessary and
contrary to the public interest to provide prior notice of, and an
opportunity for public comment on, this action for the reasons
described below.
NMFS solicited and accepted public comment on the northern albacore
quota implementation and quota adjustment processes, along with the
bluefin tuna quota adjustment process, as part of the Amendment 7
rulemaking. Public comments on these provisions in response to the
proposed Amendment 7 rule were generally supportive and were addressed
in the Response to Comments section of the Amendment 7 final rule. (See
comments 18, 19, and 105 at 79 FR 71530-71531 and 71553). Similarly, in
the past, North and South Atlantic swordfish quota adjustments were
performed through an annual notice and comment rulemaking process. In
the 2016 North and South Atlantic Swordfish Quota Adjustment Rule (81
FR 48719, July 26, 2016), NMFS announced the intent to no longer issue
proposed and final specifications/rules for North and South Atlantic
swordfish quota adjustments in cases where the quota adjustment simply
follows previously codified and analyzed formulas. Public comments on
this process change were generally supportive. Beginning this year,
NMFS will instead issue a temporary final rule to adjust the quota.
NMFS will continue to undertake notice and comment rulemaking if
adopting new quotas, quota formulas, or otherwise altering conservation
and management measures for North and South Atlantic swordfish.
This action applies the formulas which the public received notice
of in the earlier actions (Amendment 7 and the 2016 North and South
Atlantic Swordfish Quota Adjustment Rule), using the best available
data regarding 2016 catch and underharvest and calculating allowable
underharvest consistent with ICCAT recommendations. The rulemakings for
Amendment 7 and the 2016 North and South Atlantic Swordfish Quota
Adjustment Rule specifically provided prior notice of, and accepted
public comment on, these formulaic quota adjustment processes and the
manner in which they occur. The application of this formula in this
action does not have discretionary aspects requiring additional agency
consideration and thus it would be unnecessarily duplicative to accept
public comment for this action.
There is good cause under U.S.C. 553(d)(3) to waive the 30-day
delay in effective date and to make the rule effective upon publication
in the Federal Register. The fisheries for northern albacore, North and
South Atlantic swordfish, and bluefin tuna began on January 1, 2017.
NMFS monitors northern albacore, North and South Atlantic swordfish,
and bluefin
[[Page 43503]]
tuna annual catch and measures the annual catch data against the
applicable available quotas. Delaying the effective date of these quota
adjustments would complicate the management of the northern albacore,
North and South Atlantic swordfish, and bluefin tuna fisheries, all of
which rely on management flexibility to respond quickly to fishery
conditions to ensure that fishermen have a reasonable opportunity to
catch the available quotas. For example, under the northern albacore
fishery closure regulations, NMFS must close the fishery when the
annual fishery quota is reached. Closure of the fishery based only on
the baseline (codified) quota versus the adjusted northern albacore
quota could preclude the fishery from harvesting northern albacore that
are legally available consistent with the ICCAT recommendations and the
2006 Consolidated HMS FMP, as amended. Adjusting the North and South
Atlantic swordfish quota allows the United States to comply with the
ICCAT allowance to carry over quota underharvest and the obligation of
international quota transfers. Adjusting the bluefin tuna Reserve
category as soon as possible provides NMFS the flexibility to transfer
quota from the Reserve to other fishing categories inseason after
considering the regulatory determination criteria, including fishery
conditions at the time of the transfer. The amount of quota currently
in the Reserve category is relatively low, and NMFS may need to
transfer quota soon in order to reduce the likelihood of fishery
closure during the September or subsequent subquota time periods. NMFS
could not appropriately adjust the annual quotas for 2017 sooner
because the data needed to make the determination did not become
available until August, and additional time was needed for agency
analysis and consideration of the data.
Additionally, to prevent confusion and potential overharvests,
these adjustments should be in place as soon as possible in order to
allow the impacted sectors to benefit from any subsequent quota
adjustments to the fishing categories, give them a reasonable
opportunity to catch available quota, and provide them the opportunity
for planning operations accordingly.
This action is being taken under Sec. 635.27(e) and Sec.
635.27(a)(10), and is exempt from review under Executive Order 12866.
This action does not contain a collection-of-information
requirement for purposes of the Paperwork Reduction Act.
Because prior notice and opportunity for public comment are not
required for this rule by 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: September 13, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2017-19777 Filed 9-15-17; 8:45 am]
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