Atlantic Highly Migratory Species; North Atlantic Swordfish Fishery, 79136-79139 [2020-26796]
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Federal Register / Vol. 85, No. 237 / Wednesday, December 9, 2020 / Rules and Regulations
specified in 50 CFR 622.190(a)(1)(i) and
(ii).
After the January through June 2020
fishing season, 3,048 lb (1,382 kg) of the
snowy grouper commercial quota
remained unharvested. As specified in
50 CFR 622.190(a)(1)(iii), NMFS added
this unused portion of the snowy
grouper commercial quota to the
commercial quota for the July through
December 2020 fishing season.
Therefore, the snowy grouper
commercial quota for the July through
December 2020 fishing season is 49,229
lb (22,329 kg). Any unused commercial
quota for the July through December
fishing season becomes void and will
not be added to any subsequent quota
(622.190(a)(1)(iii)).
Under 50 CFR 622.193(b)(1), NMFS is
required to close the commercial sector
for snowy grouper when the commercial
quota specified in 50 CFR 622.190(a)(1)
is reached or is projected to be reached,
by filing a notification to that effect with
the Office of the Federal Register. NMFS
projects that commercial landings of
South Atlantic snowy grouper, as
estimated by the Science and Research
Director, will reach the adjusted July
through December 2020 commercial
quota by December 12, 2020.
Accordingly, the commercial sector for
South Atlantic snowy grouper is closed
effective at 12:01 a.m., local time, on
December 12, 2020, and remains closed
until the start of the next January
through June fishing season on January
1, 2021.
The operator of a vessel with a valid
commercial vessel permit for South
Atlantic snapper-grouper having snowy
grouper on board must have landed and
bartered, traded, or sold such snowy
grouper prior to 12:01 a.m., local time,
on December 12, 2020. During the
commercial closure, harvest and
possession of snowy grouper in or from
the South Atlantic EEZ is limited to the
bag and possession limits, as specified
in § 622.187(b)(2)(ii) and (c)(1). Also
during the commercial closure, the sale
or purchase of snowy grouper taken
from the EEZ is prohibited. The
prohibition on sale or purchase does not
apply to the sale or purchase of snowy
grouper that were harvested, landed
ashore, and sold prior to 12:01 a.m.,
local time, on December 12, 2020, and
were held in cold storage by a dealer or
processor.
For a person on board a vessel for
which a Federal commercial or charter
vessel/headboat permit for South
Atlantic snapper-grouper has been
issued, the bag and possession limits
and the sale and purchase provisions
during the commercial closure for
snowy grouper apply regardless of
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whether the fish are harvested in state
or Federal waters, as specified in 50
CFR 622.190(c)(1)(ii).
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
622.193(b)(1), which was issued
pursuant to section 304(b) of the
Magnuson-Stevens Act, 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.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment as
such procedures are unnecessary and
contrary to the public interest. Such
procedures are unnecessary because the
regulations associated with the
commercial quota for South Atlantic
snowy grouper have already been
subject to notice and comment, and all
that remains is to notify the public of
the commercial closure for the
remainder of the July through December
2020 fishing season. Prior notice and
opportunity for public comment on this
action is contrary to the public interest
because of the need to immediately
implement the commercial closure to
protect South Atlantic snowy grouper,
because the capacity of the fishing fleet
allows for rapid harvest of the
commercial quota. Prior notice and
opportunity for public comment would
require time and would potentially
result in a harvest that exceeds the
commercial quota.
For the aforementioned reasons, there
is good cause under 5 U.S.C. 553(d)(3)
to waive the 30-day delay in the
effective date of this action.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 4, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–27064 Filed 12–7–20; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 120627194–3657–02]
RTID 0648–XA629
Atlantic Highly Migratory Species;
North Atlantic Swordfish Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
Swordfish General Commercial permit
retention limit adjustment.
AGENCY:
NMFS is adjusting the
Swordfish General Commercial permit
retention limits for the Northwest
Atlantic, Gulf of Mexico, and U.S.
Caribbean regions for January through
June of the 2021 fishing year, unless
otherwise later noticed. The Swordfish
General Commercial permit retention
limit in each of these regions is
increased from the regulatory default
limit (either two or three fish) to six
swordfish per vessel per trip. The
Swordfish General Commercial permit
retention limit in the Florida Swordfish
Management Area will remain
unchanged at the default limit of zero
swordfish per vessel per trip, as
discussed in more detail below. These
adjustments apply to Swordfish General
Commercial permitted vessels and to
Highly Migratory Species (HMS)
Charter/Headboat permitted vessels
with a commercial endorsement when
on a non-for-hire trip. This action is
based upon consideration of the
applicable inseason regional retention
limit adjustment criteria.
DATES: The adjusted Swordfish General
Commercial permit retention limits in
the Northwest Atlantic, Gulf of Mexico,
and U.S. Caribbean regions are effective
from January 1, 2021, through June 30,
2021.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin, sarah.mclaughlin@
noaa.gov 978–281–9260, Lauren
Latchford, lauren.latchford@noaa.gov
301–427–8503, or Larry Redd,
larry.redd@noaa.gov 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 North
Atlantic swordfish by persons and
SUMMARY:
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vessels subject to U.S. jurisdiction are
found at 50 CFR part 635. Section
635.27 subdivides the U.S. North
Atlantic swordfish quota recommended
by the International Commission for the
Conservation of Atlantic Tunas (ICCAT)
and implemented by the United States
into two equal semi-annual directed
fishery quotas; an annual incidental
catch quota for fishermen targeting other
species or catching swordfish
recreationally, and a reserve category,
according to the allocations established
in the 2006 Consolidated Atlantic
Highly Migratory Species Fishery
Management Plan (2006 Consolidated
Atlantic HMS FMP) (71 FR 58058,
October 2, 2006), as amended, and in
accordance with implementing
regulations. 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 quota.
The increase in the retention limit
will help provide a reasonable
opportunity to harvest available quota.
The current annual U.S. baseline quota
is 2,937.6 mt dressed weight (dw) (3,907
mt whole weight (ww)). Under
§ 635.27(c)(3)(ii), and consistent with
the applicable ICCAT recommendation,
NMFS may carry over underharvest
from 2020, limited to 15 percent of the
2020 annual baseline quota, which is a
maximum of 440.6 mt dw (586.0 mt
ww). With underharvest as expected in
2020, NMFS anticipates carrying over
the maximum underharvest allowed,
which would result in an adjusted
North Atlantic swordfish quota for the
2021 fishing year of 3,378.2 mt dw
(2,937.6 + 440.6 = 3,378.2 mt dw). As in
past years, NMFS anticipates allocating
50 mt dw from the adjusted quota to the
Reserve category for inseason
adjustments/research and allocating 300
mt dw to the Incidental category, which
includes recreational landings and
landings by incidental swordfish permit
holders, consistent with
§ 635.27(c)(1)(i)(D) and (B). This would
result in a final adjusted quota of
3,028.2 mt dw for the directed fishery,
which would be split equally (1,514.1
mt dw) between the two semi-annual
periods in 2021 (January through June,
and July through December).
For additional context and
information on a related matter, NMFS
notes that earlier this year, NMFS
published a proposed rule to modify the
North Atlantic swordfish and shark
retention limits for certain permit
holders and add inseason adjustment
authorization criteria (85 FR 23315,
April 27, 2020). Relevant to swordfish,
the proposed rule would modify
retention limits for highly migratory
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species (HMS) Commercial Caribbean
Small Boat (CCSB) permit holders,
Swordfish General Commercial permit
holders, and HMS Charter/Headboat
permit holders with a commercial
endorsement on a non-for hire (i.e.,
commercial) trip, and add inseason
adjustment criteria to the CCSB permit.
NMFS anticipates that the proposed rule
would streamline HMS regulations to
align retention limits for commercial
swordfish permits established for HMS
CCSB permit holders under Amendment
4 with those established in Amendment
8 to the 2006 Consolidated HMS FMP
for Swordfish General Commercial
permit holders. If the rule were to be
finalized as proposed, NMFS anticipates
that it would no longer be necessary to
increase the default swordfish retention
limit through inseason adjustment for
Swordfish General Commercial permit
holders and HMS Charter/Headboat
permit with a commercial endorsement
on a commercial trip to provide
additional fishing opportunities for
these permit holders. The ability to
reduce the default retention limit
through inseason adjustment to account
for possible quota overages would
remain in effect.
Adjustment of Swordfish General
Commercial Permit Vessel Retention
Limits
The 2021 North Atlantic swordfish
fishing year will begin on January 1,
2021. Regional default retention limits
for the Swordfish General Commercial
permit have been established and are
automatically effective from January 1
through December 31 each year, unless
changed based on the inseason regional
retention limit adjustment criteria at
§ 635.24(b)(4)(iv). The Swordfish
General Commercial permit default
retention limits are: (1) Northwest
Atlantic region—three swordfish per
vessel per trip; (2) Gulf of Mexico
region—three swordfish per vessel per
trip; (3) U.S. Caribbean region—two
swordfish per vessel per trip; and, (4)
Florida Swordfish Management Area—
zero swordfish per vessel per trip. The
default retention limits apply to
Swordfish General Commercial
permitted vessels and to HMS Charter/
Headboat permitted vessels with a
commercial endorsement when fishing
on non-for-hire trips. Permitted vessels
may not possess, retain, or land any
more swordfish than is specified for the
region in which the vessel is located.
Under § 635.24(b)(4)(iii), NMFS may
increase or decrease the Swordfish
General Commercial permit vessel
retention limit in any region within a
range from zero to a maximum of six
swordfish per vessel per trip. Any
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adjustments to the retention limits must
be based upon a consideration of the
relevant criteria provided in
§ 635.24(b)(4)(iv). NMFS has considered
these criteria as discussed below and
their applicability to the Swordfish
General Commercial permit retention
limit in all regions for January through
June of the 2021 North Atlantic
swordfish fishing year.
NMFS must consider the effects of the
adjustment on accomplishing the
objectives of the fishery management
plan and its amendments. See
§ 635.24(b)(4)(iv)(D). The objective is to
provide opportunities to harvest the full
North Atlantic directed swordfish quota
without exceeding it, and the goal,
based upon the 2006 Consolidated
Atlantic HMS FMP, is to manage
Atlantic HMS fisheries for continuing
optimum yield so as to provide the
greatest overall benefit to the Nation,
particularly with respect to food
production, providing recreational
opportunities, preserving traditional
fisheries, and taking into account the
protection of marine ecosystems. This
action will help preserve the swordfish
handgear fishery (rod and reel,
handline, harpoon, bandit gear, and
greenstick). Although this action does
not specifically provide recreational
fishing opportunities, it will have a
minimal impact on the recreational
sector because recreational landings are
counted against a separate incidental
swordfish quota.
NMFS has examined dealer reports
and landing trends and determined that
the information obtained from biological
sampling and monitoring of the North
Atlantic swordfish stock is useful. See
§ 635.24(b)(4)(iv)(A). Regarding the
estimated ability of vessels participating
in the fishery to land the amount of
swordfish quota available before the end
of the fishing year, § 635.24(b)(4)(iv)(B),
NMFS reviewed electronic dealer
landings data, which indicates that
sufficient directed swordfish quota
should be available for the January
through June 2021 semi-annual quota
period if recent swordfish landings
trends continue. The directed swordfish
quota has not been fully harvested for
several years and, based upon current
landing trends, is not likely to be
harvested or exceeded in 2021. Based
upon recent landings rates from dealer
reports, an increase in the vessel
retention limits to six fish for Swordfish
General Commercial permit holders and
Charter/Headboat permit holders with a
commercial endorsement (when on a
non-for-hire trip) in three regions is not
likely to cause quotas for other
categories of the fishery to be exceeded.
See § 635.24(b)(4)(iv)(C). Similarly,
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regarding the criteria about the effects of
catch rates in one region precluding
vessels in another region from having a
reasonable opportunity to harvest a
portion of the overall swordfish quota,
§ 635.24(b)(4)(iv)(F), NMFS expects
there to be sufficient swordfish quota for
the entirety of the 2021 fishing year.
Thus, increased catch rates in these
three regions as a result of this action
would not be expected to preclude
vessels in the other region (e.g., the
buoy gear fishery in the Florida
Swordfish Management Area) from
having a reasonable opportunity to
harvest a portion of the overall
swordfish quota.
In making adjustments to the
retention limits, NMFS must also
consider variations in seasonal
distribution, abundance, or migration
patterns of swordfish, and the
availability of swordfish on the fishing
grounds. See § 635.24(b)(4)(iv)((E) and
(G). With regard to swordfish
abundance, the 2020 report by ICCAT’s
Standing Committee on Research and
Statistics indicated that the North
Atlantic swordfish stock is not
overfished and overfishing is not
occurring. Increasing retention limits for
the General Commercial fishery is not
expected to affect the swordfish stock
status determination because any
additional landings would be within the
ICCAT-recommended U.S. North
Atlantic swordfish quota allocation,
which is consistent with conservation
and management measures to prevent
overfishing on the stock. Increasing
opportunities by increasing retention
limits from the default levels beginning
on January 1, 2021, is also important
because of the migratory nature and
seasonal distribution of swordfish. In a
particular geographic region, or waters
accessible from a particular port, the
amount of fishing opportunity for
swordfish may be constrained by the
short amount of time that the swordfish
are present in the area as they migrate.
NMFS has determined that the
retention limit for the Swordfish
General Commercial permit will remain
at zero swordfish per vessel per trip in
the Florida Swordfish Management Area
at this time. As described in
Amendment 8 to the 2006 Consolidated
Atlantic HMS FMP (78 FR 52011,
August 21, 2013), the area off the
southeastern coast of Florida,
particularly the Florida Straits, contains
oceanographic features that make the
area biologically unique. It provides
important juvenile swordfish habitat,
and is essentially a narrow migratory
corridor containing high concentrations
of swordfish located in close proximity
to high concentrations of people who
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may fish for them. Public comment on
Amendment 8 indicated concern about
the resultant high potential for the
improper rapid growth of a commercial
fishery, increased catches of undersized
swordfish, the potential for larger
numbers of fishermen in the area, and
the potential for crowding of fishermen,
which could lead to gear and user
conflicts. These concerns remain valid.
NMFS continues to collect information
to evaluate the appropriateness of the
retention limit in the Florida Swordfish
Management Area and other regional
retention limits.
The directed swordfish quota has not
been fully harvested for several years
and, based upon current landing trends,
is not likely to be harvested or exceeded
during 2021. In 2020, a six swordfish
per vessel trip limit was in effect for
Swordfish General Commercial permit
holders in the Northwest Atlantic, Gulf
of Mexico, and U.S. Caribbean regions
for the entire fishing season. As of
October 31, 2020, this limit resulted in
total annual directed swordfish landings
of approximately 760.1 mt dw, or 25.1
percent of the 3,028.2-mt dw annual
adjusted directed quota for 2020, which
includes landings under the six-fish trip
limit. This information indicates that
sufficient directed swordfish quota
should be available from January 1
through June 30, 2021, at the higher
retention levels, within the limits of the
scientifically-supported Total Allowable
Catch (TAC) and consistent with the
goals of the 2006 Consolidated Atlantic
HMS FMP as amended, ATCA, and the
Magnuson-Stevens Act, and are not
expected to negatively impact stock
health.
Given that 2020 swordfish directed
landings will likely fall well below the
available 2020 quota, and that 2021
landings will likely follow a similar
trend, and in consideration of the
inseason regional retention limit
adjustment criteria above, NMFS has
determined that the Swordfish General
Commercial permit retention limits in
the Northwest Atlantic, Gulf of Mexico,
and U.S. Caribbean regions applicable to
persons issued a Swordfish General
Commercial permit or HMS Charter/
Headboat permit with a commercial
endorsement (when on a non-for-hire
trip) should be increased from the
default levels that would otherwise
automatically become effective on
January 1, 2021, to six swordfish per
vessel per trip from January 1 through
June 31, 2021. These are the same limits
that were implemented through an
inseason adjustment for the period July
1 through December 31, 2020 (85 FR
38091, June 25, 2020). Given the rebuilt
status of the stock and the availability
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of quota, increasing the Swordfish
General Commercial permit retention
limits in three regions to six fish per
vessel per trip will increase the
likelihood that directed swordfish
landings will approach, but not exceed,
the available annual swordfish quota,
and increase the opportunity for
catching swordfish during the 2021
fishing year.
Monitoring and Reporting
NMFS will continue to monitor the
swordfish fishery closely during 2021
through mandatory landings and catch
reports. Dealers are required to submit
landing reports and negative reports (if
no swordfish were purchased) on a
weekly basis.
Depending upon the level of fishing
effort and catch rates of swordfish,
NMFS may determine that additional
retention limit adjustments or closures
are necessary to ensure that the
available quota is not exceeded or to
enhance fishing opportunities.
Subsequent actions, if any, will be
published in the Federal Register. In
addition, fishermen may access https://
www.fisheries.noaa.gov/atlantic-highlymigratory-species/atlantic-highlymigratory-species-landings-updates for
updates on quota monitoring.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
part 635, which was issued pursuant to
section 304(c), and is exempt from
review under Executive Order 12866.
The Assistant Administrator for
NMFS (AA) finds that it is impracticable
and contrary to the public interest to
provide prior notice of, and an
opportunity for public comment on, this
action for the following reasons:
The regulations implementing the
2006 Consolidated Atlantic HMS FMP,
as amended, provide for inseason
retention limit adjustments to respond
to changes in swordfish landings, the
availability of swordfish on the fishing
grounds, the migratory nature of this
species, and regional variations in the
fishery. Based on available swordfish
quota, stock abundance, fishery
performance in recent years, and the
availability of swordfish on the fishing
grounds, among other considerations,
adjustment to the Swordfish General
Commercial permit retention limits
from the default levels of two or three
fish to six swordfish per vessel per trip
as discussed above is warranted, while
maintaining the default limit of zerofish retention in the Florida Swordfish
Management Area. Analysis of available
data shows that adjustment to the
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swordfish retention limit from the
default levels would result in minimal
risk of exceeding the ICCAT-allocated
quota.
Delays in temporarily increasing these
retention limits caused by the time
required to publish a proposed rule and
accept public comment would adversely
and unnecessarily affect those
Swordfish General Commercial permit
holders and HMS Charter/Headboat
permit holders with a commercial
endorsement (when on a non-for-hire
trip) that would otherwise have an
opportunity to harvest more than the
otherwise applicable lower default
retention limits of three swordfish per
vessel per trip in the Northwest Atlantic
and Gulf of Mexico regions, and two
swordfish per vessel per trip in the U.S.
Caribbean region. Limiting
opportunities to harvest available
directed swordfish quota may have
negative social and economic impacts
for U.S. fishermen. Adjustment of the
retention limits needs to be effective on
January 1, 2021, to allow Swordfish
General Commercial permit holders and
HMS Charter/Headboat permit holders
with a commercial endorsement (when
on a non-for-hire trip) to benefit from
the adjustment during the relevant time
period, which could pass by for some
fishermen who have access to the
fishery during a short time period
because of seasonal fish migration, if the
action is delayed for notice and public
comment. Furthermore, the public was
given an opportunity to comment on the
underlying rulemakings, including the
adoption of the North Atlantic
swordfish U.S. quota, and the retention
limit adjustments in this action would
not have any additional effects or
impacts since the retention limit does
not affect the overall quota. Thus, there
would be little opportunity for
meaningful input and review with
public comment on this action.
Therefore, the AA finds good cause
under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public
comment. For all of the above reasons,
there is also good cause under 5 U.S.C.
553(d) to waive the 30-day delay in
effectiveness.
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Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: December 1, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–26796 Filed 12–8–20; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No.200623–0167; RTID 0648–
XA697]
Fisheries of the Northeastern United
States; Atlantic Bluefish Fishery;
Quota Transfer From MA to RI
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification; quota transfer.
AGENCY:
NMFS announces that the
Commonwealth of Massachusetts is
transferring a portion of its 2020
commercial bluefish quota to the State
of Rhode Island. This quota adjustment
is necessary to comply with the Atlantic
Bluefish Fishery Management Plan
quota transfer provisions. This
announcement informs the public of the
revised commercial bluefish quotas for
Massachusetts and Rhode Island.
DATES: Effective December 4, 2020,
through December 31, 2020.
FOR FURTHER INFORMATION CONTACT:
Laura Hansen, Fishery Management
Specialist, (978) 281–9225.
SUPPLEMENTARY INFORMATION:
Regulations governing the Atlantic
bluefish fishery are found in 50 CFR
648.160 through 648.167. These
regulations require annual specification
of a commercial quota that is
apportioned among the coastal states
from Maine through Florida. The
process to set the annual commercial
quota and the percent allocated to each
state is described in § 648.162, and the
final 2020 allocations were published
on June 29, 2020 (85 FR 38794).
The final rule implementing
Amendment 1 to the Bluefish Fishery
Management Plan (FMP) published in
the Federal Register on July 26, 2000
(65 FR 45844), and provided a
mechanism for transferring bluefish
quota from one state to another. Two or
more states, under mutual agreement
and with the concurrence of the NMFS
Greater Atlantic Regional Administrator,
can request approval to transfer or
combine bluefish commercial quota
under § 648.162(e)(1)(i) through (iii).
The Regional Administrator must
approve any such transfer based on the
criteria in § 648.162(e). In evaluating
requests to transfer a quota or combine
quotas, the Regional Administrator shall
consider whether: The transfer or
combinations would preclude the
SUMMARY:
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79139
overall annual quota from being fully
harvested; the transfer addresses an
unforeseen variation or contingency in
the fishery; and the transfer is consistent
with the objectives of the FMP and the
Magnuson-Stevens Act.
Massachusetts is transferring 15,000
lb (6,804 kg) of bluefish commercial
quota to Rhode Island through mutual
agreement of the states. This transfer
was requested to ensure that Rhode
Island would not exceed its 2020 state
quota. The revised bluefish quotas for
2020 are: Massachusetts, 170,838 lb
(77,491 kg); and Rhode Island, 313,366
lb (142,140 kg).
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
648.162(e)(1)(i) through (iii), which was
issued pursuant to section 304(b), and is
exempted from review under Executive
Order 12866.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 4, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–27044 Filed 12–4–20; 4:15 pm]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 200604–0152]
RIN 0648–BJ35
Fisheries of the Exclusive Economic
Zone off Alaska; Modifying Seasonal
Allocations of Pollock and Pacific Cod
for Trawl Catcher Vessels in the
Central and Western Gulf of Alaska;
Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; correction.
AGENCY:
NMFS is correcting a final
rule that published in the Federal
Register on June 25, 2020,
implementing Amendment 109 to the
Fishery Management Plan for
Groundfish of the Gulf of Alaska (GOA
FMP) and a regulatory amendment to
the regulations governing pollock
fishing in the Gulf of Alaska (GOA). The
final rule’s intent as to Pacific cod was
to change the seasonal apportionments
of Pacific cod for the trawl catcher
SUMMARY:
E:\FR\FM\09DER1.SGM
09DER1
]]>Agencies
[Federal Register Volume 85, Number 237 (Wednesday, December 9, 2020)]
[Rules and Regulations]
[Pages 79136-79139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26796]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 120627194-3657-02]
RTID 0648-XA629
Atlantic Highly Migratory Species; North Atlantic Swordfish
Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason Swordfish General Commercial permit
retention limit adjustment.
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SUMMARY: NMFS is adjusting the Swordfish General Commercial permit
retention limits for the Northwest Atlantic, Gulf of Mexico, and U.S.
Caribbean regions for January through June of the 2021 fishing year,
unless otherwise later noticed. The Swordfish General Commercial permit
retention limit in each of these regions is increased from the
regulatory default limit (either two or three fish) to six swordfish
per vessel per trip. The Swordfish General Commercial permit retention
limit in the Florida Swordfish Management Area will remain unchanged at
the default limit of zero swordfish per vessel per trip, as discussed
in more detail below. These adjustments apply to Swordfish General
Commercial permitted vessels and to Highly Migratory Species (HMS)
Charter/Headboat permitted vessels with a commercial endorsement when
on a non-for-hire trip. This action is based upon consideration of the
applicable inseason regional retention limit adjustment criteria.
DATES: The adjusted Swordfish General Commercial permit retention
limits in the Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean
regions are effective from January 1, 2021, through June 30, 2021.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin,
[email protected] 978-281-9260, Lauren Latchford,
[email protected] 301-427-8503, or Larry Redd,
[email protected] 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 North
Atlantic swordfish by persons and
[[Page 79137]]
vessels subject to U.S. jurisdiction are found at 50 CFR part 635.
Section 635.27 subdivides the U.S. North Atlantic swordfish quota
recommended by the International Commission for the Conservation of
Atlantic Tunas (ICCAT) and implemented by the United States into two
equal semi-annual directed fishery quotas; an annual incidental catch
quota for fishermen targeting other species or catching swordfish
recreationally, and a reserve category, according to the allocations
established in the 2006 Consolidated Atlantic Highly Migratory Species
Fishery Management Plan (2006 Consolidated Atlantic HMS FMP) (71 FR
58058, October 2, 2006), as amended, and in accordance with
implementing regulations. 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 quota.
The increase in the retention limit will help provide a reasonable
opportunity to harvest available quota. The current annual U.S.
baseline quota is 2,937.6 mt dressed weight (dw) (3,907 mt whole weight
(ww)). Under Sec. 635.27(c)(3)(ii), and consistent with the applicable
ICCAT recommendation, NMFS may carry over underharvest from 2020,
limited to 15 percent of the 2020 annual baseline quota, which is a
maximum of 440.6 mt dw (586.0 mt ww). With underharvest as expected in
2020, NMFS anticipates carrying over the maximum underharvest allowed,
which would result in an adjusted North Atlantic swordfish quota for
the 2021 fishing year of 3,378.2 mt dw (2,937.6 + 440.6 = 3,378.2 mt
dw). As in past years, NMFS anticipates allocating 50 mt dw from the
adjusted quota to the Reserve category for inseason adjustments/
research and allocating 300 mt dw to the Incidental category, which
includes recreational landings and landings by incidental swordfish
permit holders, consistent with Sec. 635.27(c)(1)(i)(D) and (B). This
would result in a final adjusted quota of 3,028.2 mt dw for the
directed fishery, which would be split equally (1,514.1 mt dw) between
the two semi-annual periods in 2021 (January through June, and July
through December).
For additional context and information on a related matter, NMFS
notes that earlier this year, NMFS published a proposed rule to modify
the North Atlantic swordfish and shark retention limits for certain
permit holders and add inseason adjustment authorization criteria (85
FR 23315, April 27, 2020). Relevant to swordfish, the proposed rule
would modify retention limits for highly migratory species (HMS)
Commercial Caribbean Small Boat (CCSB) permit holders, Swordfish
General Commercial permit holders, and HMS Charter/Headboat permit
holders with a commercial endorsement on a non-for hire (i.e.,
commercial) trip, and add inseason adjustment criteria to the CCSB
permit. NMFS anticipates that the proposed rule would streamline HMS
regulations to align retention limits for commercial swordfish permits
established for HMS CCSB permit holders under Amendment 4 with those
established in Amendment 8 to the 2006 Consolidated HMS FMP for
Swordfish General Commercial permit holders. If the rule were to be
finalized as proposed, NMFS anticipates that it would no longer be
necessary to increase the default swordfish retention limit through
inseason adjustment for Swordfish General Commercial permit holders and
HMS Charter/Headboat permit with a commercial endorsement on a
commercial trip to provide additional fishing opportunities for these
permit holders. The ability to reduce the default retention limit
through inseason adjustment to account for possible quota overages
would remain in effect.
Adjustment of Swordfish General Commercial Permit Vessel Retention
Limits
The 2021 North Atlantic swordfish fishing year will begin on
January 1, 2021. Regional default retention limits for the Swordfish
General Commercial permit have been established and are automatically
effective from January 1 through December 31 each year, unless changed
based on the inseason regional retention limit adjustment criteria at
Sec. 635.24(b)(4)(iv). The Swordfish General Commercial permit default
retention limits are: (1) Northwest Atlantic region--three swordfish
per vessel per trip; (2) Gulf of Mexico region--three swordfish per
vessel per trip; (3) U.S. Caribbean region--two swordfish per vessel
per trip; and, (4) Florida Swordfish Management Area--zero swordfish
per vessel per trip. The default retention limits apply to Swordfish
General Commercial permitted vessels and to HMS Charter/Headboat
permitted vessels with a commercial endorsement when fishing on non-
for-hire trips. Permitted vessels may not possess, retain, or land any
more swordfish than is specified for the region in which the vessel is
located.
Under Sec. 635.24(b)(4)(iii), NMFS may increase or decrease the
Swordfish General Commercial permit vessel retention limit in any
region within a range from zero to a maximum of six swordfish per
vessel per trip. Any adjustments to the retention limits must be based
upon a consideration of the relevant criteria provided in Sec.
635.24(b)(4)(iv). NMFS has considered these criteria as discussed below
and their applicability to the Swordfish General Commercial permit
retention limit in all regions for January through June of the 2021
North Atlantic swordfish fishing year.
NMFS must consider the effects of the adjustment on accomplishing
the objectives of the fishery management plan and its amendments. See
Sec. 635.24(b)(4)(iv)(D). The objective is to provide opportunities to
harvest the full North Atlantic directed swordfish quota without
exceeding it, and the goal, based upon the 2006 Consolidated Atlantic
HMS FMP, is to manage Atlantic HMS fisheries for continuing optimum
yield so as to provide the greatest overall benefit to the Nation,
particularly with respect to food production, providing recreational
opportunities, preserving traditional fisheries, and taking into
account the protection of marine ecosystems. This action will help
preserve the swordfish handgear fishery (rod and reel, handline,
harpoon, bandit gear, and greenstick). Although this action does not
specifically provide recreational fishing opportunities, it will have a
minimal impact on the recreational sector because recreational landings
are counted against a separate incidental swordfish quota.
NMFS has examined dealer reports and landing trends and determined
that the information obtained from biological sampling and monitoring
of the North Atlantic swordfish stock is useful. See Sec.
635.24(b)(4)(iv)(A). Regarding the estimated ability of vessels
participating in the fishery to land the amount of swordfish quota
available before the end of the fishing year, Sec.
635.24(b)(4)(iv)(B), NMFS reviewed electronic dealer landings data,
which indicates that sufficient directed swordfish quota should be
available for the January through June 2021 semi-annual quota period if
recent swordfish landings trends continue. The directed swordfish quota
has not been fully harvested for several years and, based upon current
landing trends, is not likely to be harvested or exceeded in 2021.
Based upon recent landings rates from dealer reports, an increase in
the vessel retention limits to six fish for Swordfish General
Commercial permit holders and Charter/Headboat permit holders with a
commercial endorsement (when on a non-for-hire trip) in three regions
is not likely to cause quotas for other categories of the fishery to be
exceeded. See Sec. 635.24(b)(4)(iv)(C). Similarly,
[[Page 79138]]
regarding the criteria about the effects of catch rates in one region
precluding vessels in another region from having a reasonable
opportunity to harvest a portion of the overall swordfish quota, Sec.
635.24(b)(4)(iv)(F), NMFS expects there to be sufficient swordfish
quota for the entirety of the 2021 fishing year. Thus, increased catch
rates in these three regions as a result of this action would not be
expected to preclude vessels in the other region (e.g., the buoy gear
fishery in the Florida Swordfish Management Area) from having a
reasonable opportunity to harvest a portion of the overall swordfish
quota.
In making adjustments to the retention limits, NMFS must also
consider variations in seasonal distribution, abundance, or migration
patterns of swordfish, and the availability of swordfish on the fishing
grounds. See Sec. 635.24(b)(4)(iv)((E) and (G). With regard to
swordfish abundance, the 2020 report by ICCAT's Standing Committee on
Research and Statistics indicated that the North Atlantic swordfish
stock is not overfished and overfishing is not occurring. Increasing
retention limits for the General Commercial fishery is not expected to
affect the swordfish stock status determination because any additional
landings would be within the ICCAT-recommended U.S. North Atlantic
swordfish quota allocation, which is consistent with conservation and
management measures to prevent overfishing on the stock. Increasing
opportunities by increasing retention limits from the default levels
beginning on January 1, 2021, is also important because of the
migratory nature and seasonal distribution of swordfish. In a
particular geographic region, or waters accessible from a particular
port, the amount of fishing opportunity for swordfish may be
constrained by the short amount of time that the swordfish are present
in the area as they migrate.
NMFS has determined that the retention limit for the Swordfish
General Commercial permit will remain at zero swordfish per vessel per
trip in the Florida Swordfish Management Area at this time. As
described in Amendment 8 to the 2006 Consolidated Atlantic HMS FMP (78
FR 52011, August 21, 2013), the area off the southeastern coast of
Florida, particularly the Florida Straits, contains oceanographic
features that make the area biologically unique. It provides important
juvenile swordfish habitat, and is essentially a narrow migratory
corridor containing high concentrations of swordfish located in close
proximity to high concentrations of people who may fish for them.
Public comment on Amendment 8 indicated concern about the resultant
high potential for the improper rapid growth of a commercial fishery,
increased catches of undersized swordfish, the potential for larger
numbers of fishermen in the area, and the potential for crowding of
fishermen, which could lead to gear and user conflicts. These concerns
remain valid. NMFS continues to collect information to evaluate the
appropriateness of the retention limit in the Florida Swordfish
Management Area and other regional retention limits.
The directed swordfish quota has not been fully harvested for
several years and, based upon current landing trends, is not likely to
be harvested or exceeded during 2021. In 2020, a six swordfish per
vessel trip limit was in effect for Swordfish General Commercial permit
holders in the Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean
regions for the entire fishing season. As of October 31, 2020, this
limit resulted in total annual directed swordfish landings of
approximately 760.1 mt dw, or 25.1 percent of the 3,028.2-mt dw annual
adjusted directed quota for 2020, which includes landings under the
six-fish trip limit. This information indicates that sufficient
directed swordfish quota should be available from January 1 through
June 30, 2021, at the higher retention levels, within the limits of the
scientifically-supported Total Allowable Catch (TAC) and consistent
with the goals of the 2006 Consolidated Atlantic HMS FMP as amended,
ATCA, and the Magnuson-Stevens Act, and are not expected to negatively
impact stock health.
Given that 2020 swordfish directed landings will likely fall well
below the available 2020 quota, and that 2021 landings will likely
follow a similar trend, and in consideration of the inseason regional
retention limit adjustment criteria above, NMFS has determined that the
Swordfish General Commercial permit retention limits in the Northwest
Atlantic, Gulf of Mexico, and U.S. Caribbean regions applicable to
persons issued a Swordfish General Commercial permit or HMS Charter/
Headboat permit with a commercial endorsement (when on a non-for-hire
trip) should be increased from the default levels that would otherwise
automatically become effective on January 1, 2021, to six swordfish per
vessel per trip from January 1 through June 31, 2021. These are the
same limits that were implemented through an inseason adjustment for
the period July 1 through December 31, 2020 (85 FR 38091, June 25,
2020). Given the rebuilt status of the stock and the availability of
quota, increasing the Swordfish General Commercial permit retention
limits in three regions to six fish per vessel per trip will increase
the likelihood that directed swordfish landings will approach, but not
exceed, the available annual swordfish quota, and increase the
opportunity for catching swordfish during the 2021 fishing year.
Monitoring and Reporting
NMFS will continue to monitor the swordfish fishery closely during
2021 through mandatory landings and catch reports. Dealers are required
to submit landing reports and negative reports (if no swordfish were
purchased) on a weekly basis.
Depending upon the level of fishing effort and catch rates of
swordfish, NMFS may determine that additional retention limit
adjustments or closures are necessary to ensure that the available
quota is not exceeded or to enhance fishing opportunities. Subsequent
actions, if any, will be published in the Federal Register. In
addition, fishermen may access https://www.fisheries.noaa.gov/atlantic-highly-migratory-species/atlantic-highly-migratory-species-landings-updates for updates on quota monitoring.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 635, which was
issued pursuant to section 304(c), and is exempt from review under
Executive Order 12866.
The Assistant Administrator for NMFS (AA) finds that it is
impracticable and contrary to the public interest to provide prior
notice of, and an opportunity for public comment on, this action for
the following reasons:
The regulations implementing the 2006 Consolidated Atlantic HMS
FMP, as amended, provide for inseason retention limit adjustments to
respond to changes in swordfish landings, the availability of swordfish
on the fishing grounds, the migratory nature of this species, and
regional variations in the fishery. Based on available swordfish quota,
stock abundance, fishery performance in recent years, and the
availability of swordfish on the fishing grounds, among other
considerations, adjustment to the Swordfish General Commercial permit
retention limits from the default levels of two or three fish to six
swordfish per vessel per trip as discussed above is warranted, while
maintaining the default limit of zero-fish retention in the Florida
Swordfish Management Area. Analysis of available data shows that
adjustment to the
[[Page 79139]]
swordfish retention limit from the default levels would result in
minimal risk of exceeding the ICCAT-allocated quota.
Delays in temporarily increasing these retention limits caused by
the time required to publish a proposed rule and accept public comment
would adversely and unnecessarily affect those Swordfish General
Commercial permit holders and HMS Charter/Headboat permit holders with
a commercial endorsement (when on a non-for-hire trip) that would
otherwise have an opportunity to harvest more than the otherwise
applicable lower default retention limits of three swordfish per vessel
per trip in the Northwest Atlantic and Gulf of Mexico regions, and two
swordfish per vessel per trip in the U.S. Caribbean region. Limiting
opportunities to harvest available directed swordfish quota may have
negative social and economic impacts for U.S. fishermen. Adjustment of
the retention limits needs to be effective on January 1, 2021, to allow
Swordfish General Commercial permit holders and HMS Charter/Headboat
permit holders with a commercial endorsement (when on a non-for-hire
trip) to benefit from the adjustment during the relevant time period,
which could pass by for some fishermen who have access to the fishery
during a short time period because of seasonal fish migration, if the
action is delayed for notice and public comment. Furthermore, the
public was given an opportunity to comment on the underlying
rulemakings, including the adoption of the North Atlantic swordfish
U.S. quota, and the retention limit adjustments in this action would
not have any additional effects or impacts since the retention limit
does not affect the overall quota. Thus, there would be little
opportunity for meaningful input and review with public comment on this
action. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to
waive prior notice and the opportunity for public comment. For all of
the above reasons, there is also good cause under 5 U.S.C. 553(d) to
waive the 30-day delay in effectiveness.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: December 1, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-26796 Filed 12-8-20; 8:45 am]
BILLING CODE 3510-22-P
