Atlantic Highly Migratory Species; Adjustments to 2018 North and South Atlantic Swordfish Quotas, 37446-37448 [2018-16388]
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Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
responsibilities among the various
levels of government. Because this final
rule is not subject to review under
Executive Order 12866, this final rule is
not subject to Executive Order 13211,
entitled Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
22, 2001) or Executive Order 13045,
entitled Protection of Children from
Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997).
This final rule does not contain any
information collections subject to OMB
approval under the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et
seq., nor does it require any special
considerations under Executive Order
12898, entitled Federal Actions to
Address Environmental Justice in
Minority Populations and Low-Income
Populations (59 FR 7629, February 16,
1994). This action does not involve
technical standards; thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply.
Congressional Review Act
This action is subject to the
Congressional Review Act (CRA), and
the EPA will submit a rule report to
each House of Congress and to the
Comptroller General of the United
States. The CRA allows the issuing
agency to make a rule effective sooner
than otherwise provided by the CRA if
the agency makes a good cause finding
that notice and comment rulemaking
procedures are impracticable,
unnecessary or contrary to the public
interest (5 U.S.C. 808(2)). The EPA has
made a good cause finding for this rule
as discussed in Section I.B of the
preamble, including the basis for that
finding. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects
40 CFR Part 302
sradovich on DSK3GMQ082PROD with RULES
Environmental protection, Air
pollution control, Chemicals, Hazardous
substances, Hazardous waste, Reporting
and recordkeeping requirements,
Superfund, Water pollution control,
Water supply.
40 CFR Part 355
Environmental protection, Chemicals,
Disaster assistance, Hazardous
substances, Hazardous waste, Natural
resources, Penalties, Reporting and
recordkeeping requirements, Superfund.
VerDate Sep<11>2014
15:59 Jul 31, 2018
Jkt 244001
Dated: July 23, 2018.
Andrew R. Wheeler,
Acting Administrator.
§ 355.61
[Amended]
6. Section 355.61 is amended by
removing the definitions for ‘‘Animal
waste’’ and ‘‘Farm’’.
■
For the reasons stated in the
preamble, EPA is amending 40 CFR
parts 302 and 355 as follows:
PART 302—DESIGNATION,
REPORTABLE QUANTITIES, AND
NOTIFICATION
[FR Doc. 2018–16379 Filed 7–31–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
■
National Oceanic and Atmospheric
Administration
Authority: 42 U.S.C. 9602, 9603, and 9604;
33 U.S.C. 1321 and 1361.
50 CFR Part 635
2. Section 302.3 is amended by
revising the definitions for ‘‘Animal
waste’’ and ‘‘Farm’’ to read as follows:
RIN 0648—XG262
1. The authority citation for part 302
is revised to read as follows:
■
§ 302.3
Definitions.
*
*
*
*
*
Animal waste means feces, urine, or
other excrement, digestive emission,
urea, or similar substances emitted by
animals (including any form of
livestock, poultry, or fish). The term
‘‘animal waste’’ includes animal waste
that is mixed or commingled with
bedding, compost, feed, soil, or any
other material typically found with such
waste.
*
*
*
*
*
Farm means a site or area (including
associated structures) that—
(1) Is used for—
(i) The production of a crop; or
(ii) The raising or selling of animals
(including any form of livestock,
poultry, or fish); and
(2) Under normal conditions,
produces during a farm year any
agricultural products with a total value
equal to not less than $1,000.
*
*
*
*
*
■ 3. Section 302.6 is amended by
revising paragraph (e)(3) to read as
follows:
§ 302.6
Notification requirements.
*
*
*
*
*
(e) * * *
(3) Air emissions from animal waste
(including decomposing animal waste)
at a farm.
PART 355—EMERGENCY PLANNING
AND NOTIFICATION
4. The authority citation for part 355
continues to read as follows:
■
Authority: Sections 302, 303, 304, 325,
327, 328, and 329 of the Emergency Planning
and Community Right-to-Know Act of 1986
(EPCRA) (42 U.S.C. 11002, 11003, 11004,
11045, 11047, 11048, and 11049).
§ 355.31
[Amended]
5. Section 355.31 is amended by
removing paragraphs (g) and (h).
■
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[Docket No. 180517485–8649–01]
Atlantic Highly Migratory Species;
Adjustments to 2018 North and South
Atlantic Swordfish Quotas
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary final rule.
AGENCY:
NMFS adjusts the North and
South Atlantic swordfish baseline
quotas for 2018 based on available
underharvest from the 2017 adjusted
U.S. quotas. 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 August 31, 2018,
through December 31, 2018.
ADDRESSES: Supporting documents,
such as the 2012 and 2007
Environmental Assessments (EA) and
the 2006 Consolidated Atlantic Highly
Migratory Species (HMS) Fishery
Management Plan and its amendments
described below, may be downloaded
from the HMS website at https://
www.fisheries.noaa.gov/topic/atlantichighly-migratory-species. These
documents also are available upon
´
request from Chante Davis or Steve
Durkee at the telephone numbers below.
FOR FURTHER INFORMATION CONTACT:
´
Chante Davis, (301) 427–8503, or, Steve
Durkee, (202) 670–6637.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of ATCA, 16 U.S.C. 971 et
seq., and the Magnuson-Stevens Act, 16
U.S.C. 1801 et seq., governing the
harvest of swordfish by persons and
vessels subject to U.S. jurisdiction are
found at 50 CFR part 635. Section
SUMMARY:
E:\FR\FM\01AUR1.SGM
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Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
635.27(c) describes the quota
adjustment process for both North and
South Atlantic swordfish. NMFS is
required under ATCA and the
Magnuson-Stevens Act to provide U.S.
fishing vessels with a reasonable
opportunity to harvest the ICCATrecommended quotas.
The North Atlantic swordfish quota
adjustment process was previously
analyzed in the EA, Final Regulatory
Impact Review (RIR), and Final
Regulatory Flexibility Analysis (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 inviting and
considering public comment on the
issue, NMFS in the final rule
determined it would 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. As a
result, in 2017, NMFS issued a
temporary final rule to adjust the quota
for the 2017 North and South Atlantic
Swordfish fishery (September 18, 2017,
82 FR 43500). Consistent with the
determination made in the 2016 final
rule, NMFS is issuing this temporary
final rule to adjust the North and South
Atlantic swordfish quotas for 2018.
North and South Atlantic Swordfish
Annual Quota and Adjustment Process
North Atlantic Swordfish
At the 2017 ICCAT annual meeting,
ICCAT finalized Recommendation 17–
02, which slightly reduced the overall
North Atlantic swordfish TAC from
10,300.8 metric tons (mt) dressed weight
(dw) to 9,924.8 mt dw (376 .0 mt dw
reduction) through 2018 in response to
a recommendation by ICCAT’s Standing
Committee for Research and Statistics
(SCRS) given updated stock status
information While the overall TAC was
reduced, the U.S. baseline quota was
maintained at 2,937.6 mt dw (3,907 mt
whole weight (ww)) per year, as was the
allowable underharvest carryover of 15
percent of a Contracting Party’s baseline
quota. This means that the United States
may carry over a maximum of 440.6 mt
dw (586.0 mt ww) of underharvest from
2017 to 2018. Additionally, under
Recommendation 17–02, the United
States is no longer required to transfer
18.8 mt dw to Mauritania, as it has
under previous recommendations since
2013 (ICCAT Recommendation 13–02).
Per Recommendation 17–02, the 2018
U.S. North Atlantic swordfish baseline
quota is 2,937.6 mt dw (3,907 mt ww).
The 2017 North Atlantic swordfish
landings and dead discards were 1,011.9
mt dw, leaving an underharvest of
1,925.7 mt dw. This underharvest
exceeds the 440.6 mt dw underharvest
carryover limit allowed under
Recommendation 17–02; thus, NMFS is
carrying forward 440.6 mt dw, which is
the maximum allowed. Because
Recommendation 17–02 removed the
transfer to Mauritania, NMFS is not
transferring any quota to any country.
Therefore, the resulting final adjusted
North Atlantic swordfish quota for the
2018 fishing year is 3,378.2 mt dw
(2,937.6 baseline quota + 440.6
overharvest carryover¥0 transfer to
another country = 3,378.2 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
37447
incidental swordfish permit holders, in
accordance with regulations at 50 CFR
635.27(c)(1)(i). The remainder, 3,028.2
mt dw, would be allocated to the
directed category (3,378.2 adjusted
quota ¥50 to reserve ¥300 to the
incidental category = 3,028.2 mt dw),
which would be split equally between
two seasons in 2018 (January through
June and July through December)
(Table 1).
South Atlantic Swordfish
In 2017, ICCAT also finalized
Recommendation 17–03, which
maintained the overall South Atlantic
swordfish TAC at 10,526.3 mt dw
(14,000 mt ww) through 2018, and
maintained the U.S. allocation at 75.2
mt dw (100 mt ww). Recommendation
17–03 continues to limit the amount of
South Atlantic swordfish underharvest
that can be carried forward from one
year to the next; the United States may
carry forward up to 100 percent of its
baseline quota (75.2 mt dw).
Recommendation 17–03 also continues
to require the United States to transfer
a total of 75.2 mt dw (100 mt ww) to
other countries. These transfers are 37.6
mt dw (50 mt ww) to Namibia, 18.8 mt
ˆ
dw (25 mt ww) to Cote d’Ivoire, and
18.8 mt dw (25 mt ww) to Belize.
U.S. fishermen landed no South
Atlantic swordfish in 2017. The
adjusted 2017 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 2018. 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 2018 fishing year (Table
1).
TABLE 1—2017 AND 2018 NORTH AND SOUTH ATLANTIC SWORDFISH QUOTAS
sradovich on DSK3GMQ082PROD with RULES
2017
North Atlantic Swordfish Quota (mt dw):
Baseline Quota ..................................................................................................
International Quota Transfer .............................................................................
Total Underharvest from Previous Year ...........................................................
Underharvest Carryover from Previous Year+ ..................................................
Adjusted Quota ..................................................................................................
Quota Allocation:
Directed Category ......................................................................................
Incidental Category ....................................................................................
Reserve Category ......................................................................................
South Atlantic Swordfish Quota (mt dw):
Baseline Quota ..................................................................................................
International Quota Transfers* ..........................................................................
Total Underharvest from Previous Year ...........................................................
Underharvest Carryover from Previous Year+ ..................................................
VerDate Sep<11>2014
15:59 Jul 31, 2018
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2018
2,937.6 ....................................................
(¥) 18.8 (to Mauritania) .........................
2,215.0 ....................................................
(+) 440.6 .................................................
3,359.4 ....................................................
2,937.6
0
1,925.7
(+) 440.6
3,378.2
3,009.4 ....................................................
300 ..........................................................
50 ............................................................
3,028.2
300
50
75.2 .........................................................
(¥) 75.2 ..................................................
75.1 .........................................................
75.1 .........................................................
75.2
(¥) 75.2
75.1
75.1
E:\FR\FM\01AUR1.SGM
01AUR1
37448
Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
TABLE 1—2017 AND 2018 NORTH AND SOUTH ATLANTIC SWORDFISH QUOTAS—Continued
2017
Adjusted quota ..................................................................................................
75.1 .........................................................
2018
75.1
sradovich on DSK3GMQ082PROD with RULES
+ Allowable underharvest carryover is capped at 15 percent of the baseline quota allocation for the North Atlantic and 75.2 dw (100 mt ww) for
the South Atlantic.
ˆ
* Under Recommendation 17–03, 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).
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.
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; as a result, in 2017, NMFS
issued a temporary final rule to adjust
the swordfish quota.
This action to adjust the 2018 North
and South Atlantic Swordfish quotas
applies the formula that the public
received notice of in the 2016 North and
South Atlantic Swordfish Quota
Adjustment Rule, using the best
available data regarding 2017 catch and
underharvest, and calculating allowable
underharvest consistent with ICCAT
recommendations. The rulemaking for
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. Because
there are no new quotas for 2018 and
the quota formula is the same as in
previous years, NMFS is issuing this
temporary final rule to adjust the North
and South Atlantic swordfish quotas for
2018.
VerDate Sep<11>2014
15:59 Jul 31, 2018
Jkt 244001
This action is being taken under
§ 635.27(c) 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: July 26, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018–16388 Filed 7–31–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 170817779–8161–02]
RIN 0648–XG114
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Ocean Perch
in the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific ocean perch in the
Western Aleutian district (WAI) of the
Bering Sea and Aleutian Islands
management area (BSAI) by vessels
participating in the BSAI trawl limited
access fishery. This action is necessary
to prevent exceeding the 2018 total
allowable catch (TAC) of Pacific ocean
perch in the WAI allocated to vessels
participating in the BSAI trawl limited
access fishery.
SUMMARY:
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Effective 1200 hrs, Alaska local
time (A.l.t.), July 27, 2018, through 2400
hrs, A.l.t., December 31, 2018.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
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 2018 TAC of Pacific ocean perch,
in the WAI, allocated to vessels
participating in the BSAI trawl limited
access fishery was established as a
directed fishing allowance of 161 metric
tons by the final 2018 and 2019 harvest
specifications for groundfish in the
BSAI (83 FR 8365, February 27, 2018).
In accordance with § 679.20(d)(1)(iii),
the Regional Administrator finds that
this directed fishing allowance has been
reached. Consequently, NMFS is
prohibiting directed fishing for Pacific
ocean perch in the WAI by vessels
participating in the BSAI trawl limited
access fishery. While this closure is
effective, the maximum retainable
amounts at § 679.20(e) and (f) apply at
any time during a trip.
DATES:
Classification
This action responds to the best
available information recently obtained
from the fishery. 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 a requirement
is impracticable and contrary to the
public interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the closure of the Pacific ocean
perch directed fishery in the WAI for
vessels participating in the BSAI trawl
E:\FR\FM\01AUR1.SGM
01AUR1
]]>Agencies
[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)]
[Rules and Regulations]
[Pages 37446-37448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16388]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180517485-8649-01]
RIN 0648--XG262
Atlantic Highly Migratory Species; Adjustments to 2018 North and
South Atlantic Swordfish Quotas
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS adjusts the North and South Atlantic swordfish baseline
quotas for 2018 based on available underharvest from the 2017 adjusted
U.S. quotas. 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 August 31, 2018, through December 31, 2018.
ADDRESSES: Supporting documents, such as the 2012 and 2007
Environmental Assessments (EA) and the 2006 Consolidated Atlantic
Highly Migratory Species (HMS) Fishery Management Plan and its
amendments described below, may be downloaded from the HMS website at
https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species.
These documents also are available upon request from Chant[eacute]
Davis or Steve Durkee at the telephone numbers below.
FOR FURTHER INFORMATION CONTACT: Chant[eacute] Davis, (301) 427-8503,
or, Steve Durkee, (202) 670-6637.
SUPPLEMENTARY INFORMATION: Regulations implemented under the authority
of ATCA, 16 U.S.C. 971 et seq., and the Magnuson-Stevens Act, 16 U.S.C.
1801 et seq., governing the harvest of swordfish by persons and vessels
subject to U.S. jurisdiction are found at 50 CFR part 635. Section
[[Page 37447]]
635.27(c) describes the quota adjustment process for both North and
South Atlantic swordfish. 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 North Atlantic swordfish quota adjustment process was
previously analyzed in the EA, Final Regulatory Impact Review (RIR),
and Final Regulatory Flexibility Analysis (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 inviting and
considering public comment on the issue, NMFS in the final rule
determined it would 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. As a result, in 2017, NMFS issued a temporary final
rule to adjust the quota for the 2017 North and South Atlantic
Swordfish fishery (September 18, 2017, 82 FR 43500). Consistent with
the determination made in the 2016 final rule, NMFS is issuing this
temporary final rule to adjust the North and South Atlantic swordfish
quotas for 2018.
North and South Atlantic Swordfish Annual Quota and Adjustment Process
North Atlantic Swordfish
At the 2017 ICCAT annual meeting, ICCAT finalized Recommendation
17-02, which slightly reduced the overall North Atlantic swordfish TAC
from 10,300.8 metric tons (mt) dressed weight (dw) to 9,924.8 mt dw
(376 .0 mt dw reduction) through 2018 in response to a recommendation
by ICCAT's Standing Committee for Research and Statistics (SCRS) given
updated stock status information While the overall TAC was reduced, the
U.S. baseline quota was maintained at 2,937.6 mt dw (3,907 mt whole
weight (ww)) per year, as was the allowable underharvest carryover of
15 percent of a Contracting Party's baseline quota. This means that the
United States may carry over a maximum of 440.6 mt dw (586.0 mt ww) of
underharvest from 2017 to 2018. Additionally, under Recommendation 17-
02, the United States is no longer required to transfer 18.8 mt dw to
Mauritania, as it has under previous recommendations since 2013 (ICCAT
Recommendation 13-02).
Per Recommendation 17-02, the 2018 U.S. North Atlantic swordfish
baseline quota is 2,937.6 mt dw (3,907 mt ww). The 2017 North Atlantic
swordfish landings and dead discards were 1,011.9 mt dw, leaving an
underharvest of 1,925.7 mt dw. This underharvest exceeds the 440.6 mt
dw underharvest carryover limit allowed under Recommendation 17-02;
thus, NMFS is carrying forward 440.6 mt dw, which is the maximum
allowed. Because Recommendation 17-02 removed the transfer to
Mauritania, NMFS is not transferring any quota to any country.
Therefore, the resulting final adjusted North Atlantic swordfish quota
for the 2018 fishing year is 3,378.2 mt dw (2,937.6 baseline quota +
440.6 overharvest carryover-0 transfer to another country = 3,378.2 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). The
remainder, 3,028.2 mt dw, would be allocated to the directed category
(3,378.2 adjusted quota -50 to reserve -300 to the incidental category
= 3,028.2 mt dw), which would be split equally between two seasons in
2018 (January through June and July through December) (Table 1).
South Atlantic Swordfish
In 2017, ICCAT also finalized Recommendation 17-03, which
maintained the overall South Atlantic swordfish TAC at 10,526.3 mt dw
(14,000 mt ww) through 2018, and maintained the U.S. allocation at 75.2
mt dw (100 mt ww). Recommendation 17-03 continues to limit the amount
of South Atlantic swordfish underharvest that can be carried forward
from one year to the next; the United States may carry forward up to
100 percent of its baseline quota (75.2 mt dw). Recommendation 17-03
also continues to require the United States to transfer a total of 75.2
mt dw (100 mt ww) to other countries. These transfers are 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 2017. The
adjusted 2017 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 2018. 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 2018 fishing year (Table 1).
Table 1--2017 and 2018 North and South Atlantic Swordfish Quotas
------------------------------------------------------------------------
2017 2018
------------------------------------------------------------------------
North Atlantic Swordfish Quota
(mt dw):
Baseline Quota.............. 2,937.6............ 2,937.6
International Quota Transfer (-) 18.8 (to 0
Mauritania).
Total Underharvest from 2,215.0............ 1,925.7
Previous Year.
Underharvest Carryover from (+) 440.6.......... (+) 440.6
Previous Year\+\.
Adjusted Quota.............. 3,359.4............ 3,378.2
Quota Allocation:
Directed Category....... 3,009.4............ 3,028.2
Incidental Category..... 300................ 300
Reserve Category........ 50................. 50
South Atlantic Swordfish Quota
(mt dw):
Baseline Quota.............. 75.2............... 75.2
International Quota (-) 75.2........... (-) 75.2
Transfers*.
Total Underharvest from 75.1............... 75.1
Previous Year.
Underharvest Carryover from 75.1............... 75.1
Previous Year\+\.
[[Page 37448]]
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 17-03, 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).
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.
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; as a
result, in 2017, NMFS issued a temporary final rule to adjust the
swordfish quota.
This action to adjust the 2018 North and South Atlantic Swordfish
quotas applies the formula that the public received notice of in the
2016 North and South Atlantic Swordfish Quota Adjustment Rule, using
the best available data regarding 2017 catch and underharvest, and
calculating allowable underharvest consistent with ICCAT
recommendations. The rulemaking for 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. Because there are
no new quotas for 2018 and the quota formula is the same as in previous
years, NMFS is issuing this temporary final rule to adjust the North
and South Atlantic swordfish quotas for 2018.
This action is being taken under Sec. 635.27(c) 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: July 26, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2018-16388 Filed 7-31-18; 8:45 am]
BILLING CODE 3510-22-P
