80_FR_25695 80 FR 25609 - Atlantic Highly Migratory Species; North and South Atlantic 2015 Commercial Swordfish Quotas

80 FR 25609 - Atlantic Highly Migratory Species; North and South Atlantic 2015 Commercial Swordfish Quotas

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 86 (May 5, 2015)

Page Range25609-25611
FR Document2015-10465

This final rule adjusts the 2015 fishing season quotas for North and South Atlantic swordfish based upon 2014 quota underharvests and international quota transfers consistent with International Commission for the Conservation of Atlantic Tunas (ICCAT) Recommendations 13-02 and 13-03. This final rule applies to commercial and recreational fishing for swordfish in the Atlantic Ocean, including the Caribbean Sea and Gulf of Mexico. This action implements ICCAT recommendations, consistent with the Atlantic Tunas Convention Act (ATCA), and furthers domestic management objectives under the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

Federal Register, Volume 80 Issue 86 (Tuesday, May 5, 2015)
[Federal Register Volume 80, Number 86 (Tuesday, May 5, 2015)]
[Rules and Regulations]
[Pages 25609-25611]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10465]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150116050-5375-02]
RIN 0648-XD726


Atlantic Highly Migratory Species; North and South Atlantic 2015 
Commercial Swordfish Quotas

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule adjusts the 2015 fishing season quotas for 
North and South Atlantic swordfish based upon 2014 quota underharvests 
and international quota transfers consistent with International 
Commission for the Conservation of Atlantic Tunas (ICCAT) 
Recommendations 13-02 and 13-03. This final rule applies to commercial 
and recreational fishing for swordfish in the Atlantic Ocean, including 
the Caribbean Sea and Gulf of Mexico. This action implements ICCAT 
recommendations, consistent with the Atlantic Tunas Convention Act 
(ATCA), and furthers domestic management objectives under the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

DATES: Effective on June 4, 2015.

ADDRESSES: Copies of the supporting documents--including the 2012 
Environmental Assessment (EA), Regulatory Impact Review (RIR), and 
Final Regulatory Flexibility Analysis (FRFA) for North Atlantic 
swordfish; the 2007 EA, RIR, and FRFA for South Atlantic swordfish; and 
the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery 
Management Plan (FMP) and associated documents--are available from the 
HMS Management Division Web site at http://www.nmfs.noaa.gov/sfa/hms/ 
or by contacting Andrew Rubin by phone at 301-427-8503 or Steve Durkee 
by phone at 202-670-6637.

FOR FURTHER INFORMATION CONTACT: Andrew Rubin by phone at 301-427-8503, 
Steve Durkee by phone at 202-670-6637.

SUPPLEMENTARY INFORMATION: 

Background

    The U.S. Atlantic swordfish fishery is managed under the 2006 
Consolidated HMS FMP. Implementing regulations at 50 CFR part 635 are 
issued under the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801 
et seq., and ATCA, 16 U.S.C. 971 et seq. ATCA authorizes the Secretary 
of Commerce (Secretary) to promulgate regulations as may be necessary 
and appropriate to implement ICCAT recommendations.
    For North Atlantic swordfish, this final action maintains the U.S. 
baseline quota of 2,937.6 metric tons (mt) dressed weight (dw) and 
implements an ICCAT-recommended quota transfer of 18.8 mt dw from the 
United States to Mauritania. For South Atlantic swordfish, this action 
maintains the U.S. South Atlantic swordfish quota at 75.2 mt dw (100 mt 
whole weight (ww)), carries over 75.1 mt dw of 2014 underharvest, and 
authorizes the transfer of 50 mt ww (37.6 mt dw) to Namibia, 25 mt ww 
(18.8 mt dw) to C[ocirc]te d'Ivoire, and 25 mt ww (18.8 mt dw) to 
Belize, consistent with ICCAT Recommendation 13-03. Information 
regarding the quota calculations can be found below. Additional details 
regarding the quotas and other actions in this rule and their impacts 
can be found in the proposed rule (80 FR 8838, February 19, 2015).

North Atlantic Swordfish Quota

    At the 2013 ICCAT annual meeting, Recommendation 13-02 was adopted, 
maintaining the North Atlantic swordfish total allowable catch (TAC) of 
10,301 metric tons (mt) dressed weight (dw) (13,700 mt whole weight 
(ww)) through 2016. Of this TAC, the United States' baseline quota is 
2,937.6 mt dw (3,907 mt ww) per year. ICCAT Recommendation 13-02 also 
includes an 18.8 mt dw (25 mt ww) annual quota transfer from the United 
States to Mauritania and limits allowable 2014 and any future 
underharvest carryover to 15 percent of a contracting party's baseline 
quota. Therefore, the United States may carry over a maximum of 440.6 
mt dw (585.9 mt ww) of underharvest from 2014 to 2015. This final rule 
adjusts the U.S. baseline quota for the 2015 fishing year to account 
for the annual quota transfer to Mauritania and the 2014 underharvest.
    The 2015 North Atlantic swordfish baseline quota is 2,937.6 mt dw 
(3,907 mt ww). The preliminary estimate of North Atlantic swordfish 
underharvest for 2014 is 2,395.6 mt dw (3,186.1 mt ww). Even without 
including an estimate of dead discards, the estimated underharvest is 
larger than the maximum carryover cap (440.6 mt dw or 585.9 mt ww). 
Therefore, as proposed, NMFS is carrying forward 440.6 mt dw, the 
maximum carryover allowed per Recommendation 13-02. Additionally, this 
final rule reduces the 2,937.6 mt dw baseline quota by the 18.8 mt dw 
(25 mt ww) annual quota transfer to Mauritania. These two changes 
result in an adjusted North Atlantic swordfish quota for the 2015 
fishing year of 3,359.4 mt dw (2,937.6 baseline quota + 440.6 
underharvest -18.8 transfer to Mauritania = 3,359.4 mt dw or 4467.47 mt 
ww). From that adjusted quota, 50 mt dw is allocated to the reserve 
category for in season adjustments and research, and 300 mt dw is 
allocated to the incidental category, which includes recreational 
landings and landings by incidental swordfish permit holders, per Sec.  
635.27(c)(1)(i). This results in an allocation of 3,009.4 mt dw 
(3,359.4 adjusted quota -50 to the reserve quota--300 mt dw to the 
incidental quota = 3,009.4 mt dw) for the directed category, which is 
split equally between two seasons in 2015 (January through June, and 
July through December) (Table 1).

South Atlantic Swordfish Quota

    In 2013, ICCAT Recommendation 13-03 established the South Atlantic 
swordfish TAC at 11,278.2 mt dw (15,000 mt ww) for 2014, 2015, and 
2016. Of this, the United States receives 75.2 mt dw (100 mt ww). 
Recommendation 13-03 limits the amount of South Atlantic swordfish 
underharvest that can be carried forward, and the United States may 
carry forward up to 100 percent of its baseline quota (75.2 mt dw). 
Recommendation 13-03 also included a total of 75.2 mt dw (100 mt ww) of 
quota transfers from the United States to other countries. These 
transfers were 37.6 mt dw (50 mt ww) to Namibia, 18.8 mt dw (25 mt ww) 
to C[ocirc]te d'Ivoire, and 18.8 mt dw (25 mt ww) to Belize.

[[Page 25610]]

    In 2014, U.S. fishermen landed no South Atlantic swordfish 
according to data available as of December 31, 2014. The adjusted 2014 
South Atlantic swordfish quota was 75.1 mt dw due to nominal landings 
the previous year. Therefore, 75.1 mt dw of underharvest is available 
to carry over to 2015. NMFS is carrying forward 75.1 mt dw to be added 
to the 75.2 mt dw baseline quota. The quota is then reduced by the 75.2 
mt dw of annual international quota transfers outlined above, resulting 
in an adjusted South Atlantic swordfish quota of 75.1 mt dw for the 
2015 fishing year.

                             Table 1--2015 North and South Atlantic Swordfish Quotas
----------------------------------------------------------------------------------------------------------------
                                                   2014                                    2015
----------------------------------------------------------------------------------------------------------------
North Atlantic Swordfish Quota
 (mt dw)
    Baseline Quota..............  2,937.6..............................  2,937.6
    International Quota Transfer  (-)18.8 (to Mauritania)..............  (-)18.8 (to Mauritania)
    Total Underharvest from       1,337.4..............................  2,395.6
     Previous Year +.
    Underharvest Carryover from   (+)734.4.............................  (+)440.6
     Previous Year +.
    Adjusted Quota..............  3,653.2..............................  3,359.4
    Quota Allocation............
        Directed Category.......  3,303.2..............................  3,009.4
        Incidental Category.....  300..................................  300
        Reserve Category........  50...................................  50
South Atlantic Swordfish Quota
 (mt dw)
    Baseline Quota..............  75.2.................................  75.2
    International Quota           (-)75.2..............................  (-)75.2
     Transfers *.
    Total Underharvest from       75.1.................................  75.1
     Previous Year +.
    Underharvest Carryover from   75.1.................................  75.1
     Previous Year +.
    Adjusted quota..............  75.1.................................  75.1
----------------------------------------------------------------------------------------------------------------
+ Allowable underharvest carryover is capped at 15 percent of the baseline quota allocation for the North
  Atlantic and 75.2 dw (100 mt ww) for the South Atlantic. The available 2014 underharvest is based on data
  received from commercial dealers and anglers; it does not include dead discards, late reports, or changes to
  the data as a result of quality control adjustments.
* Under Recommendation 13-03, the United States transfers 75.2 mt dw (100 mt ww) annually to Namibia (37.6 mt
  dw, 50 mt ww), C[ocirc]te d'Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25 mt ww).

Response to Comments

    During the proposed rule comment period, NMFS received four written 
comments, three of which were directly related to the proposed rule. 
NMFS also heard comments during a discussion on the rule held at the 
HMS Advisory Panel meeting on March 10, 2015. A summary of the relevant 
comments on the proposed rule are shown below with NMFS' response. One 
written comment requested the general protection of fish, which is not 
specifically relevant to this rulemaking. All written comments 
submitted during the comment period can be found at http://www.regulations.gov/ by searching for NOAA-NMFS-2015-0023.
    Comment 1: Close the swordfish fishery because of overfishing.
    Response: According to the latest ICCAT Standing Committee on 
Research and Statistics (SCRS) stock assessment (2013), the stock is 
not overfished and no overfishing is taking place. Since the baseline 
adjusted quotas established through ICCAT are within the TAC 
established by the stock assessment, this action is unlikely to lead to 
overfishing. Therefore, NMFS does not make the change requested by the 
commenter.
    Comment 2: NMFS received contrasting comments regarding the 
underharvest carryover. One commenter said that no underharvest should 
be carried over into the 2015 quota. Other commenters stated that 
underharvest carryovers should not be limited to 15 percent of the 
baseline quota, and further specified that the underharvest carryover 
does not provide enough flexibility to account for unforeseen 
environmental and economic fluctuations and only affects the United 
States since most other countries fully utilize their allocation. That 
commenter felt the restriction of the carryover of underharvested quota 
is inconsistent with the Magnuson-Stevens Act and Atlantic Tuna 
Convention Act (ATCA) by not allowing for optimum yield or providing a 
reasonable opportunity to harvest U.S. quota.
    Response: Carrying over underharvest into the following year's 
quota provides flexibility to adjust to environmental and economic 
fluctuations. These fluctuations may result in fishermen not catching 
their full quota in a given year, but the carryover provides the 
opportunity to benefit from part of that underharvest in the subsequent 
year.
    Currently, the United States does not utilize the entire base quota 
from ICCAT, thus, the underharvest carryover limit is unlikely to 
affect domestic access to the resource in the short term. Because the 
current carryover limit is unlikely to affect domestic access to the 
resource, NMFS is not changing the current limit as requested by the 
commenter.
    Regarding the concerns that the underharvest carryover limit 
affects U.S. fishermen's opportunity to harvest the U.S. quota at 
optimum yield, ICCAT adopted the limited underharvest carryover 
provision to help ensure that MSY is not exceeded. The Magnuson-Stevens 
Act requires preventing overfishing while achieving on a continuing 
basis optimum yield. Optimum yield itself is prescribed based on MSY as 
reduced by ecological and other factors. The carryover limit is 
consistent with the MSA and with ATCA, which provides that quotas 
adopted at ICCAT cannot be increased or decreased. Furthermore, we note 
that for the past decade, the domestic fishery has neither utilized the 
entire U.S. quota allocation nor has it harvested it at a level to be 
impacted by an underharvest carryover limit.
    Comment 3: While NMFS should implement the current ICCAT swordfish 
quota recommendations, the next time the swordfish recommendations are 
negotiated at ICCAT, the United States should change its position. No 
U.S. quota should be transferred to other countries unless the United 
States receives something in return since these transfers help develop 
new fisheries that are not as conservation-minded as U.S. fisheries. 
Furthermore, landings under the international quota transfers should be 
credited as U.S. landings.
    Response: NMFS agrees that it should implement the quota measures 
in Recommendations 13-02 and 13-03 to comply with ICCAT measures. Under 
ATCA, the Secretary shall promulgate such regulations as may be 
necessary

[[Page 25611]]

and appropriate to carry out ICCAT recommendations, and the regulations 
as finalized appropriately carry out ICCAT recommendations regarding 
the North Atlantic swordfish stock while meeting NMFS's legal 
obligations and management needs.
    In the future, when negotiating swordfish recommendations at ICCAT, 
the United States will consider the state of the domestic fishery at 
that time to balance the needs of both U.S. fishermen and the 
environment.
    Comment 4: The U.S. fisheries are not harvesting part of its 
swordfish quota due to domestic regulations such as the time/area 
closures for pelagic longline gear. NMFS should reopen these areas to 
fishermen who are using circle hooks and following best practices. NMFS 
should reinstate the 33 pound minimum size for Atlantic swordfish.
    Response: This rule addresses quota specifications only; time/area 
closures and other management measure are beyond the scope of this 
action.

Changes From the Proposed Rule

    The final rule contains no changes from the proposed rule, except 
for minor landings updates based on more recent 2014 landings reports.

Classification

    Pursuant to the Magnuson-Stevens Act, the NMFS Assistant 
Administrator has determined that the final rule is consistent with the 
2006 Consolidated HMS FMP and its amendments, other provisions of the 
Magnuson-Stevens Act, the Atlantic Tunas Convention Act, and other 
applicable law.
    This final action is exempt from the procedures of E.O. 12866 
because this action contains no implementing regulations.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.

    Authority:  16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.

    Dated: April 29, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2015-10465 Filed 5-4-15; 8:45 am]
 BILLING CODE 3510-22-P



                                                                   Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Rules and Regulations                                          25609

                                                 (b) * * *                                            2007 EA, RIR, and FRFA for South                      to 15 percent of a contracting party’s
                                                 (8) Each transmitter in a Travelers’                 Atlantic swordfish; and the 2006                      baseline quota. Therefore, the United
                                              Information Station shall be equipped                   Consolidated Atlantic Highly Migratory                States may carry over a maximum of
                                              with an audio low-pass filter. Such filter              Species (HMS) Fishery Management                      440.6 mt dw (585.9 mt ww) of
                                              shall be installed either at the                        Plan (FMP) and associated documents—                  underharvest from 2014 to 2015. This
                                              transmitter’s audio input or between the                are available from the HMS                            final rule adjusts the U.S. baseline quota
                                              modulation limiter and the modulated                    Management Division Web site at                       for the 2015 fishing year to account for
                                              stage. At audio frequencies between 5                   http://www.nmfs.noaa.gov/sfa/hms/ or                  the annual quota transfer to Mauritania
                                              kHz and 20 kHz this filter shall have an                by contacting Andrew Rubin by phone                   and the 2014 underharvest.
                                              attenuation greater than the attenuation                at 301–427–8503 or Steve Durkee by                       The 2015 North Atlantic swordfish
                                              at 1 kHz by at least:                                   phone at 202–670–6637.                                baseline quota is 2,937.6 mt dw (3,907
                                              83 log10 (f/5) decibels.                                FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                            mt ww). The preliminary estimate of
                                              where ‘‘f’’ is the audio frequency in kHz.              Andrew Rubin by phone at 301–427–                     North Atlantic swordfish underharvest
                                                   At audio frequencies above 20 kHz,                 8503, Steve Durkee by phone at 202–                   for 2014 is 2,395.6 mt dw (3,186.1 mt
                                                   the attenuation shall be at least 50               670–6637.                                             ww). Even without including an
                                                   decibels greater than the                                                                                estimate of dead discards, the estimated
                                                                                                      SUPPLEMENTARY INFORMATION:                            underharvest is larger than the
                                                   attenuation at 1 kHz.
                                                                                                      Background                                            maximum carryover cap (440.6 mt dw
                                              *      *     *     *     *                                                                                    or 585.9 mt ww). Therefore, as
                                              [FR Doc. 2015–10471 Filed 5–4–15; 8:45 am]                 The U.S. Atlantic swordfish fishery is             proposed, NMFS is carrying forward
                                              BILLING CODE 6712–01–P                                  managed under the 2006 Consolidated                   440.6 mt dw, the maximum carryover
                                                                                                      HMS FMP. Implementing regulations at                  allowed per Recommendation 13–02.
                                                                                                      50 CFR part 635 are issued under the                  Additionally, this final rule reduces the
                                              DEPARTMENT OF COMMERCE                                  authority of the Magnuson-Stevens Act,                2,937.6 mt dw baseline quota by the
                                                                                                      16 U.S.C. 1801 et seq., and ATCA, 16                  18.8 mt dw (25 mt ww) annual quota
                                              National Oceanic and Atmospheric                        U.S.C. 971 et seq. ATCA authorizes the                transfer to Mauritania. These two
                                              Administration                                          Secretary of Commerce (Secretary) to                  changes result in an adjusted North
                                                                                                      promulgate regulations as may be                      Atlantic swordfish quota for the 2015
                                              50 CFR Part 635                                         necessary and appropriate to implement                fishing year of 3,359.4 mt dw (2,937.6
                                                                                                      ICCAT recommendations.                                baseline quota + 440.6 underharvest
                                              [Docket No. 150116050–5375–02]                             For North Atlantic swordfish, this                 ¥18.8 transfer to Mauritania = 3,359.4
                                              RIN 0648–XD726                                          final action maintains the U.S. baseline              mt dw or 4467.47 mt ww). From that
                                                                                                      quota of 2,937.6 metric tons (mt)                     adjusted quota, 50 mt dw is allocated to
                                              Atlantic Highly Migratory Species;                      dressed weight (dw) and implements an                 the reserve category for in season
                                              North and South Atlantic 2015                           ICCAT-recommended quota transfer of                   adjustments and research, and 300 mt
                                              Commercial Swordfish Quotas                             18.8 mt dw from the United States to                  dw is allocated to the incidental
                                                                                                      Mauritania. For South Atlantic                        category, which includes recreational
                                              AGENCY:  National Marine Fisheries                      swordfish, this action maintains the
                                              Service (NMFS), National Oceanic and                                                                          landings and landings by incidental
                                                                                                      U.S. South Atlantic swordfish quota at                swordfish permit holders, per
                                              Atmospheric Administration (NOAA),                      75.2 mt dw (100 mt whole weight (ww)),
                                              Commerce.                                                                                                     § 635.27(c)(1)(i). This results in an
                                                                                                      carries over 75.1 mt dw of 2014                       allocation of 3,009.4 mt dw (3,359.4
                                              ACTION: Final rule.                                     underharvest, and authorizes the                      adjusted quota ¥50 to the reserve
                                                                                                      transfer of 50 mt ww (37.6 mt dw) to                  quota—300 mt dw to the incidental
                                              SUMMARY:   This final rule adjusts the
                                                                                                      Namibia, 25 mt ww (18.8 mt dw) to Côte               quota = 3,009.4 mt dw) for the directed
                                              2015 fishing season quotas for North
                                                                                                      d’Ivoire, and 25 mt ww (18.8 mt dw) to                category, which is split equally between
                                              and South Atlantic swordfish based
                                                                                                      Belize, consistent with ICCAT                         two seasons in 2015 (January through
                                              upon 2014 quota underharvests and
                                                                                                      Recommendation 13–03. Information                     June, and July through December) (Table
                                              international quota transfers consistent
                                                                                                      regarding the quota calculations can be               1).
                                              with International Commission for the
                                                                                                      found below. Additional details
                                              Conservation of Atlantic Tunas (ICCAT)                                                                        South Atlantic Swordfish Quota
                                                                                                      regarding the quotas and other actions
                                              Recommendations 13–02 and 13–03.
                                                                                                      in this rule and their impacts can be                   In 2013, ICCAT Recommendation 13–
                                              This final rule applies to commercial                                                                         03 established the South Atlantic
                                                                                                      found in the proposed rule (80 FR 8838,
                                              and recreational fishing for swordfish in                                                                     swordfish TAC at 11,278.2 mt dw
                                                                                                      February 19, 2015).
                                              the Atlantic Ocean, including the                                                                             (15,000 mt ww) for 2014, 2015, and
                                              Caribbean Sea and Gulf of Mexico. This                  North Atlantic Swordfish Quota                        2016. Of this, the United States receives
                                              action implements ICCAT                                    At the 2013 ICCAT annual meeting,                  75.2 mt dw (100 mt ww).
                                              recommendations, consistent with the                    Recommendation 13–02 was adopted,                     Recommendation 13–03 limits the
                                              Atlantic Tunas Convention Act (ATCA),                   maintaining the North Atlantic                        amount of South Atlantic swordfish
                                              and furthers domestic management                        swordfish total allowable catch (TAC) of              underharvest that can be carried
                                              objectives under the Magnuson-Stevens                   10,301 metric tons (mt) dressed weight                forward, and the United States may
                                              Fishery Conservation and Management                     (dw) (13,700 mt whole weight (ww))                    carry forward up to 100 percent of its
                                              Act (Magnuson-Stevens Act).                             through 2016. Of this TAC, the United                 baseline quota (75.2 mt dw).
rljohnson on DSK3VPTVN1PROD with RULES




                                              DATES: Effective on June 4, 2015.                       States’ baseline quota is 2,937.6 mt dw               Recommendation 13–03 also included a
                                              ADDRESSES: Copies of the supporting                     (3,907 mt ww) per year. ICCAT                         total of 75.2 mt dw (100 mt ww) of
                                              documents—including the 2012                            Recommendation 13–02 also includes                    quota transfers from the United States to
                                              Environmental Assessment (EA),                          an 18.8 mt dw (25 mt ww) annual quota                 other countries. These transfers were
                                              Regulatory Impact Review (RIR), and                     transfer from the United States to                    37.6 mt dw (50 mt ww) to Namibia, 18.8
                                              Final Regulatory Flexibility Analysis                   Mauritania and limits allowable 2014                  mt dw (25 mt ww) to Côte d’Ivoire, and
                                              (FRFA) for North Atlantic swordfish; the                and any future underharvest carryover                 18.8 mt dw (25 mt ww) to Belize.


                                         VerDate Sep<11>2014   15:13 May 04, 2015   Jkt 235001   PO 00000   Frm 00029   Fmt 4700   Sfmt 4700   E:\FR\FM\05MYR1.SGM   05MYR1


                                              25610                       Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Rules and Regulations

                                                In 2014, U.S. fishermen landed no                                   nominal landings the previous year.                                     The quota is then reduced by the 75.2
                                              South Atlantic swordfish according to                                 Therefore, 75.1 mt dw of underharvest                                   mt dw of annual international quota
                                              data available as of December 31, 2014.                               is available to carry over to 2015. NMFS                                transfers outlined above, resulting in an
                                              The adjusted 2014 South Atlantic                                      is carrying forward 75.1 mt dw to be                                    adjusted South Atlantic swordfish quota
                                              swordfish quota was 75.1 mt dw due to                                 added to the 75.2 mt dw baseline quota.                                 of 75.1 mt dw for the 2015 fishing year.

                                                                                            TABLE 1—2015 NORTH AND SOUTH ATLANTIC SWORDFISH QUOTAS
                                                                                                                                                                                        2014                                    2015

                                              North Atlantic Swordfish Quota (mt dw)
                                                  Baseline Quota ...................................................................................................   2,937.6 ...............................      2,937.6
                                                  International Quota Transfer ..............................................................................          (¥)18.8 (to Mauritania) ......               (¥)18.8 (to Mauritania)
                                                  Total Underharvest from Previous Year ∂ .........................................................                    1,337.4 ...............................      2,395.6
                                                  Underharvest Carryover from Previous Year ∂ .................................................                        (+)734.4 ..............................      (+)440.6
                                                  Adjusted Quota ..................................................................................................    3,653.2 ...............................      3,359.4
                                                  Quota Allocation.
                                                       Directed Category .......................................................................................       3,303.2 ...............................      3,009.4
                                                       Incidental Category .....................................................................................       300 .....................................    300
                                                       Reserve Category .......................................................................................        50 .......................................   50
                                              South Atlantic Swordfish Quota (mt dw)
                                                  Baseline Quota ...................................................................................................   75.2 ....................................    75.2
                                                  International Quota Transfers * ..........................................................................           (¥)75.2 ..............................       (¥)75.2
                                                  Total Underharvest from Previous Year ∂ .........................................................                    75.1 ....................................    75.1
                                                  Underharvest Carryover from Previous Year ∂ .................................................                        75.1 ....................................    75.1
                                                  Adjusted quota ...................................................................................................   75.1 ....................................    75.1
                                                 ∂ Allowable underharvest carryover is capped at 15 percent of the baseline quota allocation for the North Atlantic and 75.2 dw (100 mt ww) for

                                              the South Atlantic. The available 2014 underharvest is based on data received from commercial dealers and anglers; it does not include dead
                                              discards, late reports, or changes to the data as a result of quality control adjustments.
                                                 * Under Recommendation 13–03, the United States transfers 75.2 mt dw (100 mt ww) annually to Namibia (37.6 mt dw, 50 mt ww), Côte
                                              d’Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25 mt ww).


                                              Response to Comments                                                  percent of the baseline quota, and                                      adopted the limited underharvest
                                                 During the proposed rule comment                                   further specified that the underharvest                                 carryover provision to help ensure that
                                              period, NMFS received four written                                    carryover does not provide enough                                       MSY is not exceeded. The Magnuson-
                                              comments, three of which were directly                                flexibility to account for unforeseen                                   Stevens Act requires preventing
                                              related to the proposed rule. NMFS also                               environmental and economic                                              overfishing while achieving on a
                                              heard comments during a discussion on                                 fluctuations and only affects the United                                continuing basis optimum yield.
                                              the rule held at the HMS Advisory Panel                               States since most other countries fully                                 Optimum yield itself is prescribed based
                                              meeting on March 10, 2015. A summary                                  utilize their allocation. That commenter                                on MSY as reduced by ecological and
                                              of the relevant comments on the                                       felt the restriction of the carryover of                                other factors. The carryover limit is
                                              proposed rule are shown below with                                    underharvested quota is inconsistent                                    consistent with the MSA and with
                                              NMFS’ response. One written comment                                   with the Magnuson-Stevens Act and                                       ATCA, which provides that quotas
                                              requested the general protection of fish,                             Atlantic Tuna Convention Act (ATCA)                                     adopted at ICCAT cannot be increased
                                              which is not specifically relevant to this                            by not allowing for optimum yield or                                    or decreased. Furthermore, we note that
                                              rulemaking. All written comments                                      providing a reasonable opportunity to                                   for the past decade, the domestic fishery
                                              submitted during the comment period                                   harvest U.S. quota.                                                     has neither utilized the entire U.S. quota
                                              can be found at http://                                                  Response: Carrying over underharvest                                 allocation nor has it harvested it at a
                                              www.regulations.gov/ by searching for                                 into the following year’s quota provides                                level to be impacted by an underharvest
                                              NOAA–NMFS–2015–0023.                                                  flexibility to adjust to environmental                                  carryover limit.
                                                 Comment 1: Close the swordfish                                     and economic fluctuations. These                                           Comment 3: While NMFS should
                                              fishery because of overfishing.                                       fluctuations may result in fishermen not                                implement the current ICCAT swordfish
                                                 Response: According to the latest                                  catching their full quota in a given year,                              quota recommendations, the next time
                                              ICCAT Standing Committee on Research                                  but the carryover provides the                                          the swordfish recommendations are
                                              and Statistics (SCRS) stock assessment                                opportunity to benefit from part of that                                negotiated at ICCAT, the United States
                                              (2013), the stock is not overfished and                               underharvest in the subsequent year.                                    should change its position. No U.S.
                                              no overfishing is taking place. Since the                                Currently, the United States does not                                quota should be transferred to other
                                              baseline adjusted quotas established                                  utilize the entire base quota from                                      countries unless the United States
                                              through ICCAT are within the TAC                                      ICCAT, thus, the underharvest carryover                                 receives something in return since these
                                              established by the stock assessment, this                             limit is unlikely to affect domestic                                    transfers help develop new fisheries that
                                              action is unlikely to lead to overfishing.                            access to the resource in the short term.                               are not as conservation-minded as U.S.
                                              Therefore, NMFS does not make the                                     Because the current carryover limit is                                  fisheries. Furthermore, landings under
                                              change requested by the commenter.                                    unlikely to affect domestic access to the                               the international quota transfers should
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                                                 Comment 2: NMFS received                                           resource, NMFS is not changing the                                      be credited as U.S. landings.
                                              contrasting comments regarding the                                    current limit as requested by the                                          Response: NMFS agrees that it should
                                              underharvest carryover. One commenter                                 commenter.                                                              implement the quota measures in
                                              said that no underharvest should be                                      Regarding the concerns that the                                      Recommendations 13–02 and 13–03 to
                                              carried over into the 2015 quota. Other                               underharvest carryover limit affects U.S.                               comply with ICCAT measures. Under
                                              commenters stated that underharvest                                   fishermen’s opportunity to harvest the                                  ATCA, the Secretary shall promulgate
                                              carryovers should not be limited to 15                                U.S. quota at optimum yield, ICCAT                                      such regulations as may be necessary


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                                                                   Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Rules and Regulations                                          25611

                                              and appropriate to carry out ICCAT                        Dated: April 29, 2015.                              Director, Pacific Fishery Management
                                              recommendations, and the regulations                    Samuel D. Rauch III,                                  Council, 7700 NE Ambassador Place,
                                              as finalized appropriately carry out                    Deputy Assistant Administrator for                    Suite 101, Portland, OR 97220–1384,
                                              ICCAT recommendations regarding the                     Regulatory Programs, National Marine                  and are posted on the Pacific Fishery
                                              North Atlantic swordfish stock while                    Fisheries Service.                                    Management Council’s (Council’s) Web
                                              meeting NMFS’s legal obligations and                    [FR Doc. 2015–10465 Filed 5–4–15; 8:45 am]            site (www.pcouncil.org).
                                              management needs.                                       BILLING CODE 3510–22–P                                FOR FURTHER INFORMATION CONTACT:
                                                 In the future, when negotiating                                                                            Peggy Mundy at 206–526–4323, or Heidi
                                              swordfish recommendations at ICCAT,                                                                           Taylor at 562–980–4039.
                                                                                                      DEPARTMENT OF COMMERCE
                                              the United States will consider the state                                                                     SUPPLEMENTARY INFORMATION:
                                              of the domestic fishery at that time to                 National Oceanic and Atmospheric                      Background
                                              balance the needs of both U.S.                          Administration
                                                                                                                                                               The ocean salmon fisheries in the EEZ
                                              fishermen and the environment.
                                                                                                      50 CFR Part 660                                       off Washington, Oregon, and California
                                                 Comment 4: The U.S. fisheries are not                                                                      are managed under a ‘‘framework’’
                                              harvesting part of its swordfish quota                  [Docket No. 150316270–5270–01]                        fishery management plan entitled the
                                              due to domestic regulations such as the                 RIN 0648–XD843                                        Pacific Coast Salmon Fishery
                                              time/area closures for pelagic longline                                                                       Management Plan (Salmon FMP).
                                              gear. NMFS should reopen these areas                    Fisheries Off West Coast States; West                 Regulations at 50 CFR part 660, subpart
                                              to fishermen who are using circle hooks                 Coast Salmon Fisheries; 2015                          H, provide the mechanism for making
                                              and following best practices. NMFS                      Management Measures                                   preseason and inseason adjustments to
                                              should reinstate the 33 pound minimum                                                                         the management measures, within limits
                                              size for Atlantic swordfish.                            AGENCY:  National Marine Fisheries                    set by the Salmon FMP, by notification
                                                                                                      Service (NMFS), National Oceanic and                  in the Federal Register.
                                                 Response: This rule addresses quota                  Atmospheric Administration (NOAA),                       The management measures for the
                                              specifications only; time/area closures                 Commerce.                                             2015 and pre-May 2016 ocean salmon
                                              and other management measure are                        ACTION: Final rule.                                   fisheries that are implemented in this
                                              beyond the scope of this action.                                                                              final rule were recommended by the
                                                                                                      SUMMARY:    Through this final rule NMFS              Council at its April 10 to 16, 2015,
                                              Changes From the Proposed Rule                          establishes fishery management                        meeting.
                                                 The final rule contains no changes                   measures for the 2015 ocean salmon
                                              from the proposed rule, except for                      fisheries off Washington, Oregon, and                 Process Used To Establish 2015
                                              minor landings updates based on more                    California and the 2016 salmon seasons                Management Measures
                                              recent 2014 landings reports.                           opening earlier than May 1, 2016.                        The Council announced its annual
                                                                                                      Specific fishery management measures                  preseason management process for the
                                              Classification                                          vary by fishery and by area. The                      2015 ocean salmon fisheries in the
                                                                                                      measures establish fishing areas,                     Federal Register on December 31, 2014
                                                Pursuant to the Magnuson-Stevens                      seasons, quotas, legal gear, recreational
                                              Act, the NMFS Assistant Administrator                                                                         (79 FR 78805), and on the Council’s
                                                                                                      fishing days and catch limits,                        Web site at (www.pcouncil.org). NMFS
                                              has determined that the final rule is                   possession and landing restrictions, and              published an additional notice of
                                              consistent with the 2006 Consolidated                   minimum lengths for salmon taken in                   opportunities to submit public
                                              HMS FMP and its amendments, other                       the U.S. exclusive economic zone (EEZ)                comments on the 2015 ocean salmon
                                              provisions of the Magnuson-Stevens                      (3–200 NM) off Washington, Oregon,                    fisheries in the Federal Register on
                                              Act, the Atlantic Tunas Convention Act,                 and California. The management                        January 28, 2015 (80 FR 4547). These
                                              and other applicable law.                               measures are intended to prevent                      notices announced the availability of
                                                This final action is exempt from the                  overfishing and to apportion the ocean                Council documents, the dates and
                                              procedures of E.O. 12866 because this                   harvest equitably among treaty Indian,                locations of Council meetings and
                                              action contains no implementing                         non-treaty commercial, and recreational               public hearings comprising the
                                              regulations.                                            fisheries. The measures are also                      Council’s complete schedule of events
                                                                                                      intended to allow a portion of the                    for determining the annual proposed
                                                The Chief Counsel for Regulation of                   salmon runs to escape the ocean                       and final modifications to ocean salmon
                                              the Department of Commerce certified                    fisheries in order to provide for                     fishery management measures, and
                                              to the Chief Counsel for Advocacy of the                spawning escapement and inside                        instructions on how to comment on
                                              Small Business Administration during                    fisheries (fisheries occurring in state               2015 ocean salmon fisheries. The
                                              the proposed rule stage that this action                internal waters). This document also                  agendas for the March and April
                                              would not have a significant economic                   announces the availability of an                      Council meetings were published in the
                                              impact on a substantial number of small                 environmental assessment (EA) that                    Federal Register (80 FR 8628, February
                                              entities. The factual basis for the                     analyzes the environmental impacts of                 18, 2015 and 80 FR 15752, March 25,
                                              certification was published in the                      implementing the 2015 ocean salmon                    2015, respectively) and posted on the
                                              proposed rule and is not repeated here.                 management measures.                                  Council’s Web site prior to the actual
                                              No comments were received regarding                     DATES: This final rule is effective from              meetings.
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                                              this certification. As a result, a                      0001 hours Pacific Daylight Time, May                    In accordance with the Salmon FMP,
                                              regulatory flexibility analysis was not                 1, 2015, until the effective date of the              the Council’s Salmon Technical Team
                                              required and none was prepared.                         2016 management measures, as                          (STT) and staff economist prepared four
                                                                                                      published in the Federal Register.                    reports for the Council, its advisors, and
                                                Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
                                              1801 et seq.                                            ADDRESSES: Copies of the documents                    the public. All four reports were posted
                                                                                                      cited in this document are available                  on the Council’s Web site and otherwise
                                                                                                      from Dr. Donald O. McIsaac, Executive                 made available to the Council, its


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Document Created: 2015-12-16 07:53:57
Document Modified: 2015-12-16 07:53:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective on June 4, 2015.
ContactAndrew Rubin by phone at 301-427-8503, Steve Durkee by phone at 202-670-6637.
FR Citation80 FR 25609 
RIN Number0648-XD72

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