80_FR_45028 80 FR 44884 - Atlantic Highly Migratory Species; North Atlantic Swordfish Fishery

80 FR 44884 - Atlantic Highly Migratory Species; North Atlantic Swordfish Fishery

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 144 (July 28, 2015)

Page Range44884-44887
FR Document2015-18431

NMFS is adjusting the Swordfish (SWO) General Commercial permit retention limits for the Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean regions for the remainder of 2015, unless otherwise noticed. The SWO General Commercial permit retention limit in each of these three regions is increased to six SWO per vessel per trip. The SWO General Commercial permit retention limit in the Florida SWO Management Area will remain unchanged at zero SWO per vessel per trip. This adjustment applies to SWO General Commercial permitted vessels and HMS Charter/Headboat permitted vessels when on a non-for-hire trip. This action is based upon consideration of the applicable inseason regional retention limit adjustment criteria.

Federal Register, Volume 80 Issue 144 (Tuesday, July 28, 2015)
[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Rules and Regulations]
[Pages 44884-44887]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18431]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 120627194-3657-02]
RIN 0648-XE005


Atlantic Highly Migratory Species; North Atlantic Swordfish 
Fishery

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

ACTION: Temporary rule; Swordfish General Commercial permit retention 
limit adjustment for Northwest Atlantic, Gulf of Mexico, and U.S. 
Caribbean regions.

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SUMMARY: NMFS is adjusting the Swordfish (SWO) General Commercial 
permit retention limits for the Northwest Atlantic, Gulf of Mexico, and 
U.S. Caribbean regions for the remainder of 2015, unless otherwise 
noticed. The SWO General Commercial permit retention limit in each of 
these three regions is increased to six SWO per vessel per trip. The 
SWO General Commercial permit retention limit in the Florida SWO 
Management Area will remain unchanged at zero SWO per vessel per trip. 
This adjustment applies to SWO General Commercial permitted vessels and 
HMS Charter/Headboat permitted vessels 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 SWO General Commercial permit retention limits in 
the Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean regions are 
effective July 30, 2015 through December 31, 2015.

FOR FURTHER INFORMATION CONTACT: Rick Pearson or Randy Blankinship, 
727-824-5399.

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 SWO by persons and vessels subject to U.S. jurisdiction are 
found at 50 CFR part 635. Section 635.27 subdivides the U.S. North 
Atlantic SWO quota recommended by the International Commission for the 
Conservation of Atlantic Tunas (ICCAT)

[[Page 44885]]

into two equal semi-annual directed fishery quotas, an annual 
incidental catch quota for fishermen targeting other species or taking 
SWO recreationally, and a reserve category, per the allocations 
established in the 2006 Consolidated Highly Migratory Species Fishery 
Management Plan (2006 Consolidated 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 2015 adjusted North Atlantic SWO quota is 3,359.4 mt dw (see FR 
80 25609, May 5, 2015). From the adjusted quota, 50 mt dw was allocated 
to the reserve category for inseason adjustments and research, and 300 
mt dw was allocated to the incidental category, which includes 
recreational landings and landings by incidental SWO permit holders, 
per Sec.  635.27(c)(1)(i). This resulted in an allocation of 3,009.4 mt 
dw for the directed fishery, which is split equally (1,504.7 mt dw) 
between two seasons in 2015 (January through June, and July through 
December).

Adjustment of SWO General Commercial Permit Vessel Retention Limits

    The 2015 North Atlantic SWO fishing year, which is managed on a 
calendar-year basis and divided into two equal semi-annual quotas, 
began January 1, 2015. Landings attributable to the SWO General 
Commercial permit are counted against the applicable semi-annual 
directed fishery quota. Regional default retention limits for this 
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 default retention limits established for the SWO 
General Commercial permit are: (1) Northwest Atlantic region--three SWO 
per vessel per trip; (2) Gulf of Mexico region--three SWO per vessel 
per trip; (3) U.S. Caribbean region--2 SWO per vessel per trip; and, 
(4) Florida SWO Management Area--zero SWO per vessel per trip. The 
default retention limits apply to SWO General Commercial permitted 
vessels and to HMS Charter/Headboat permitted vessels when fishing on 
non-for-hire trips. As a condition of these permits, vessels may not 
possess, retain, or land any more SWO than is specified for the region 
in which the vessel is located. The retention limits were not adjusted 
in 2014.
    NMFS has received requests to increase the retention limits in the 
Northwest Atlantic region and in the Florida SWO Management Area. Under 
Sec.  635.24(b)(4)(iii), NMFS may increase or decrease the SWO General 
Commercial permit vessel retention limit in any region within a range 
from zero to a maximum of six SWO per vessel per trip. Any adjustments 
to retention limits must be based upon consideration of the relevant 
criteria provided in Sec.  635.24(b)(4)(iv), which include: The 
usefulness of information obtained from biological sampling and 
monitoring of the North Atlantic SWO stock; the estimated ability of 
vessels participating in the fishery to land the amount of SWO quota 
available before the end of the fishing year; the estimated amounts by 
which quotas for other categories of the fishery might be exceeded; 
effects of the adjustment on accomplishing the objectives of the 
fishery management plan and its amendments; variations in seasonal 
distribution, abundance, or migration patterns of SWO; effects of catch 
rates in one region precluding vessels in another region from having a 
reasonable opportunity to harvest a portion of the overall SWO quota; 
and, review of dealer reports, landing trends, and the availability of 
SWO on the fishing grounds.
    NMFS has considered these criteria, as discussed below, and their 
applicability to the SWO General Commercial permit retention limit in 
all regions for the remainder of 2015. Last year, with application of 
the default SWO General Commercial permit retention limits, total 
annual directed SWO fishery landings were approximately 1,303 mt dw (39 
percent of the 3,303-mt dw total annual adjusted directed fishery 
quota). This year, through June 30, 2015, directed SWO landings are 
481.6 mt dw (36.5 percent of the 1,505 mt dw Jan. to June semi-annual 
adjusted directed subquota; or 16 percent of the 3,010 mt dw total 
annual adjusted directed quota).
    Given that SWO directed landings fell well below the available 2014 
quota, and that 2015 landings continue to be below the available 2015 
directed SWO quota, and considering the regulatory criteria, NMFS has 
determined that the SWO General Commercial permit vessel retention 
limit in the Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean 
regions applicable to persons issued a SWO General Commercial permit or 
HMS Charter/Headboat permit (when on a non-for-hire trip) should be 
increased from the default levels discussed above.
    A principal consideration is the objective of providing 
opportunities to harvest the full North Atlantic directed SWO quota 
without exceeding it based upon the 2006 Consolidated HMS FMP goal: 
``Consistent with other objectives of this FMP, 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.'' At the same time, it is also important for NMFS to 
continue to provide protection to important SWO juvenile areas and 
migratory corridors.
    After considering all of the relevant criteria, NMFS has determined 
that this year, increases from the default limits are warranted. With 
respect to the regulatory criteria, NMFS has examined dealer reports 
and landing trends, and determined that the information obtained from 
biological sampling and monitoring of the North Atlantic SWO stock is 
useful. Recently implemented electronic dealer reporting provides 
accurate and timely monitoring of landings. This information indicates 
that sufficient directed SWO quota is available that would warrant an 
increase in the SWO General Commercial permit retention limit. 
Regarding the regulatory criterion that NMFS consider ``the estimated 
ability of vessels participating in the fishery to land the amount of 
SWO quota available before the end of the fishing year,'' the directed 
SWO quota has not been harvested for several years and, based upon 
current landing trends, is not likely to be harvested or exceeded in 
2015. Based upon recent landings rates from dealer reports, an increase 
in the vessel retention limit for SWO General Commercial permit holders 
is not likely to cause quotas for other categories of the fishery to be 
exceeded. Similarly, regarding the criterion that NMFS consider the 
estimated amounts by which quotas for other categories of the fishery 
might be exceeded, NMFS expects there to be sufficient SWO quota for 
the remainder of the year, and thus increased catch rates in one region 
are not expected to preclude vessels in another region from having a 
reasonable opportunity to harvest a portion of the overall SWO quota. 
Landings by vessels issued this permit (and Charter/Headboat permitted 
vessels on a non-for-hire trip) are counted against the adjusted 
directed SWO quota. As indicated above, this quota has not been 
exceeded for several years and, based upon current landing trends, is 
not likely to be exceeded in

[[Page 44886]]

2015. Similarly, NMFS expects that there will be sufficient SWO quota 
for the remainder of the year, thus increased catch rates in one region 
are not expected to preclude vessels in another region from having a 
reasonable opportunity to harvest a portion of the overall SWO quota.
    With regard to SWO abundance, the 2014 report by ICCAT's Standing 
Committee on Research and Statistics indicated that the North Atlantic 
SWO stock is not overfished (B2011/Bmsy = 1.14), 
and overfishing is not occurring (F2011/Fmsy = 
0.82). Increasing the retention limit for this U.S. handgear fishery is 
not expected to affect the SWO stock status determination because any 
additional landings would be in compliance with the ICCAT recommended 
U.S. North Atlantic SWO quota allocation.
    Mature SWO are anticipated to migrate to the fishing grounds off 
the northeast U.S. coast during the summer and fall months. Based upon 
landings over the last several years, it is highly unlikely that the 
June through December directed SWO subquota will be filled with the 
current default retention limits of three SWO per vessel per trip 
(Northwest Atlantic and Gulf of Mexico), and two SWO per vessel per 
trip (U.S. Caribbean). For the entire 2014 fishing year, 39 percent of 
the total adjusted directed SWO quota was filled.
    Increasing the SWO General Commercial permit retention limit to six 
fish per vessel per trip will increase the likelihood that directed SWO 
landings will approach, but not exceed, the annual SWO quota, as well 
as increase the opportunity for catching SWO during the June through 
December directed subquota period. Increasing opportunity within this 
subquota period is also important because of the migratory nature and 
seasonal distribution of SWO, one of the regulatory criteria to be 
considered when changing the retention limit inseason (variations in 
seasonal distribution, abundance, or migration patterns of SWO). In a 
particular geographic region, or waters accessible from a particular 
port, the amount of fishing opportunity for SWO may be constrained by 
the short amount of time the SWO are present as they migrate. Dealer 
reports for Swordfish General Commercial permitted vessels indicate 
swordfish are available from June through December in both the 
Northwest Atlantic and Gulf of Mexico regions and are likely to be 
available in the U.S. Caribbean region during December and January.
    Based upon these considerations, NMFS has determined that a six-
fish per vessel per trip SWO General Commercial permit retention limit 
is warranted in the Northwest Atlantic, Gulf of Mexico, and U.S. 
Caribbean regions through December 31, 2015, for SWO General Commercial 
permitted vessels and HMS Charter/Headboat permitted vessels when on a 
non-for-hire trip. It would provide a reasonable opportunity to harvest 
the U.S. quota of SWO without exceeding it, while maintaining an 
equitable distribution of fishing opportunities; help achieve optimum 
yield in the SWO fishery; allow for the collection of data for stock 
monitoring purposes; and be consistent with the objectives of the 2006 
Consolidated HMS FMP, as amended. Therefore, NMFS increases the SWO 
General Commercial permit retention limit from the default limit to six 
SWO per vessel per trip in these three regions, effective from July 30, 
2015 through December 31, 2015. The regional SWO retention limits will 
automatically revert back to the default levels on January 1, 2016.
    As indicated above, NMFS has also received requests since 
publication of the final rule implementing Amendment 8 to the 2006 
Consolidated HMS FMP (which established the SWO General Commercial 
permit) to increase the retention limit of SWO in the Florida SWO 
Management Area from the default of zero. NMFS has determined that the 
retention limit will remain at zero SWO per vessel per trip in the 
Florida SWO Management Area in 2015. As described in Amendment 8 to the 
2006 Consolidated HMS FMP, 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 SWO habitat, and is essentially a narrow migratory corridor 
containing high concentrations of SWO located in close proximity to 
high concentrations of people who may fish for them. Public comment on 
Amendment 8, including from the Florida Fish and Wildlife Conservation 
Commission, indicated concern about the resultant high potential for 
the improper rapid growth of a commercial fishery, increased catches of 
undersized SWO, 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 will 
continue to collect information to evaluate the appropriateness of the 
retention limit in the Florida SWO Management Area and other regional 
retention limits.
    These adjustments are consistent with the 2006 Consolidated HMS FMP 
as amended, ATCA, and the Magnuson-Stevens Act, and are not expected to 
negatively impact stock health.

Monitoring and Reporting

    NMFS will continue to monitor the SWO fishery closely through 
mandatory landings and catch reports. Dealers are required to submit 
landing reports and negative reports (if no SWO were purchased) on a 
weekly basis.
    Depending on the level of fishing effort and catch rates of SWO, 
NMFS may determine that additional retention limit adjustments or 
closures are necessary to ensure that 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 
http://www.nmfs.noaa.gov/sfa/hms/species/swordfish/landings/index.html 
for updates on quota monitoring.

Classification

    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 HMS FMP, as 
amended, provide for inseason retention limit adjustments to respond to 
changes in SWO landings, the availability of SWO on the fishing 
grounds, the migratory nature of this species, and regional variations 
in the fishery. Based on available SWO quota, stock abundance, fishery 
performance in recent years, and the availability of SWO on the fishing 
grounds, among other considerations, adjustment to the SWO General 
Commercial permit retention limits from the default levels is 
warranted. Analysis of available data shows that adjustment to the SWO 
daily retention limit from the default level would result in minimal 
risks of exceeding the ICCAT-allocated quota. NMFS provides 
notification of retention limit adjustments by publishing the notice in 
the Federal Register, emailing individuals who have subscribed to the 
Atlantic HMS News electronic newsletter, and updating the information 
posted on the ``Atlantic HMS Breaking News'' Web site at  http://www.nmfs.noaa.gov/sfa/hms/news/breaking_news.html. Delays in 
temporarily increasing these retention limits would adversely affect 
those SWO General Commercial permit holders and HMS Charter/Headboat 
permit holders that would otherwise have an opportunity to harvest more 
than the default retention limits of three

[[Page 44887]]

SWO per vessel per trip in the Northwest Atlantic and Gulf of Mexico 
regions, and two SWO per vessel per trip in the U.S. Caribbean region. 
Further, any delay could exacerbate the problem of low SWO landings and 
subsequent quota rollovers. Limited opportunities to harvest the 
directed SWO quota may have negative social and economic impacts for 
U.S. fishermen. Adjustment of the retention limits needs to be 
effective as soon as possible to allow the impacted sectors to benefit 
from the adjustment during the relevant time period, which would have 
largely passed by for some fishermen if the action is delayed for 
notice, and to not preclude fishing opportunities for fishermen who 
have access to the fishery only during this time period. 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 good cause under 5 U.S.C. 553(d) to waive the 30-day delay in 
effectiveness.
    This action is being taken under Sec.  635.24(b)(4) and is exempt 
from review under Executive Order 12866.

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

    Dated: July 23, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-18431 Filed 7-27-15; 8:45 am]
BILLING CODE 3510-22-P



                                                  44884               Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations

                                                     (3) The vessel has a valid permit                     the western and central Pacific as a                   DEPARTMENT OF COMMERCE
                                                  issued under 50 CFR 660.707 or                           result of reaching the applicable bigeye
                                                  665.801.                                                 tuna catch limit. The limit is codified in             National Oceanic and Atmospheric
                                                     Bigeye tuna caught by longline gear                   Federal regulations and is based on                    Administration
                                                  during the closure may also be retained                  agreed limits established by the Western
                                                  on board, transshipped, and/or landed if                 and Central Pacific Fisheries                          50 CFR Part 635
                                                  they are caught by a vessel that is                      Commission. NMFS forecasts that the                    [Docket No. 120627194–3657–02]
                                                  included in a specified fishing                          fishery will reach the 2015 limit by
                                                  agreement under 50 CFR 665.819(d), in                    August 5, 2015. Although this is much                  RIN 0648–XE005
                                                  accordance with 50 CFR 300.224(f)(iv).                   earlier than in previous years, longline
                                                     During the closure, a U.S. vessel is                                                                         Atlantic Highly Migratory Species;
                                                  also prohibited from transshipping                       fishermen have been subject to longline                North Atlantic Swordfish Fishery
                                                  bigeye tuna caught in the Convention                     bigeye tuna limits in the western and
                                                                                                           central Pacific since 2009. They have                  AGENCY:  National Marine Fisheries
                                                  Area by longline gear to any vessel other                                                                       Service (NMFS), National Oceanic and
                                                  than a U.S. fishing vessel with a valid                  received ongoing, updated information
                                                                                                           about the 2015 catch and progress of the               Atmospheric Administration (NOAA),
                                                  permit issued under 50 CFR 660.707 or                                                                           Commerce.
                                                  665.801.                                                 fishery in reaching the Convention Area
                                                     The catch limit and this closure do                   limit via the NMFS Web site, social                    ACTION: Temporary rule; Swordfish
                                                  not apply to bigeye tuna caught by                       media, and other means. This                           General Commercial permit retention
                                                  longline gear outside the Convention                     constitutes adequate advance notice of                 limit adjustment for Northwest Atlantic,
                                                  Area, such as in the eastern Pacific                     this fishery closure. Additionally, the                Gulf of Mexico, and U.S. Caribbean
                                                  Ocean. To ensure compliance with the                     publication timing of this rule provides               regions.
                                                  restrictions related to bigeye tuna caught               longline fishermen with seven days’                    SUMMARY:    NMFS is adjusting the
                                                  by longline gear in the Convention Area,                 advance notice of the closure date, and                Swordfish (SWO) General Commercial
                                                  however, the following requirements                      allows two weeks to return to port and                 permit retention limits for the
                                                  apply during the closure period:                         land their catch of bigeye tuna.                       Northwest Atlantic, Gulf of Mexico, and
                                                     (1) Longline fishing both inside and
                                                                                                              For the reasons stated above, there is              U.S. Caribbean regions for the
                                                  outside the Convention Area is not
                                                                                                           also good cause under 5 U.S.C. 553(d)(3)               remainder of 2015, unless otherwise
                                                  allowed during the same fishing trip. An
                                                                                                           to waive the 30-day delay in                           noticed. The SWO General Commercial
                                                  exception would be a fishing trip that is
                                                                                                           effectiveness for this temporary rule.                 permit retention limit in each of these
                                                  in progress on August 5, 2015. In that
                                                                                                           NMFS must close the fishery as soon as                 three regions is increased to six SWO
                                                  case, the catch of bigeye tuna must be
                                                                                                           possible to ensure that fishery does not               per vessel per trip. The SWO General
                                                  landed by August 19, 2015; and
                                                     (2) If a longline vessel fishes outside               exceed the catch limit. According to                   Commercial permit retention limit in
                                                  the Convention Area and the vessel then                  NMFS stock-status-determination                        the Florida SWO Management Area will
                                                  enters the Convention Area during the                    criteria, bigeye tuna in the Pacific Ocean             remain unchanged at zero SWO per
                                                  same fishing trip, the fishing gear must                 are currently experiencing overfishing.                vessel per trip. This adjustment applies
                                                  be stowed and not readily available for                                                                         to SWO General Commercial permitted
                                                                                                           NMFS implemented the catch limit to
                                                  fishing in the Convention Area.                                                                                 vessels and HMS Charter/Headboat
                                                                                                           reduce the effects of fishing on bigeye
                                                  Specifically, hooks, branch lines, and                                                                          permitted vessels when on a non-for-
                                                                                                           tuna and restore the stock to levels                   hire trip. This action is based upon
                                                  floats must be stowed and the mainline                   capable of producing maximum
                                                  hauler must be covered.                                                                                         consideration of the applicable inseason
                                                                                                           sustainable yield on a continuing basis.               regional retention limit adjustment
                                                     The above two additional prohibitions                 Failure to close the fishery immediately
                                                  do not apply to the following vessels:                                                                          criteria.
                                                                                                           would result in additional fishing
                                                     (1) Vessels on declared shallow-                                                                             DATES: The adjusted SWO General
                                                                                                           pressure on this stock, in violation of
                                                  setting trips pursuant to 50 CFR                                                                                Commercial permit retention limits in
                                                  665.803(a); and                                          Federal law and international
                                                                                                                                                                  the Northwest Atlantic, Gulf of Mexico,
                                                     (2) Vessels operating in the longline                 obligations.
                                                                                                                                                                  and U.S. Caribbean regions are effective
                                                  fisheries of the territories. This includes                 This action is required by 50 CFR                   July 30, 2015 through December 31,
                                                  vessels included in a specified fishing                  300.224 and is exempt from review                      2015.
                                                  agreement under 50 CFR 665.819(d), in                    under Executive Order 12866.
                                                  accordance with 50 CFR 300.224(f)(iv).                                                                          FOR FURTHER INFORMATION CONTACT:     Rick
                                                                                                                Authority: 16 U.S.C. 6901 et seq.                 Pearson or Randy Blankinship, 727–
                                                  This group also includes vessels with
                                                  valid American Samoa longline permits                      Dated: July 23, 2015.                                824–5399.
                                                  and vessels landing bigeye tuna in one                   Alan D. Risenhoover,                                   SUPPLEMENTARY INFORMATION:
                                                  of the territories, as long as the bigeye                Director, Office of Sustainable Fisheries,             Regulations implemented under the
                                                  tuna were not caught in the EEZ around                   National Marine Fisheries Service.                     authority of the Atlantic Tunas
                                                  Hawaii, the fishing was compliant with                   [FR Doc. 2015–18433 Filed 7–27–15; 8:45 am]
                                                                                                                                                                  Convention Act (ATCA; 16 U.S.C. 971 et
                                                  all applicable laws, and the vessel has                                                                         seq.) and the Magnuson-Stevens Fishery
                                                                                                           BILLING CODE 3510–22–P
                                                  a valid permit issued under 50 CFR                                                                              Conservation and Management Act
                                                  660.707 or 665.801.                                                                                             (Magnuson-Stevens Act; 16 U.S.C. 1801
asabaliauskas on DSK5VPTVN1PROD with RULES




                                                                                                                                                                  et seq.) governing the harvest of North
                                                  Classification                                                                                                  Atlantic SWO by persons and vessels
                                                    There is good cause under 5 U.S.C.                                                                            subject to U.S. jurisdiction are found at
                                                  553(b)(B) to waive prior notice and the                                                                         50 CFR part 635. Section 635.27
                                                  opportunity for public comment on this                                                                          subdivides the U.S. North Atlantic SWO
                                                  action, because it would be contrary to                                                                         quota recommended by the
                                                  the public interest. This rule closes the                                                                       International Commission for the
                                                  U.S. longline fishery for bigeye tuna in                                                                        Conservation of Atlantic Tunas (ICCAT)


                                             VerDate Sep<11>2014   18:34 Jul 27, 2015   Jkt 235001   PO 00000    Frm 00056   Fmt 4700   Sfmt 4700   E:\FR\FM\28JYR1.SGM   28JYR1


                                                                      Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations                                         44885

                                                  into two equal semi-annual directed                         NMFS has received requests to                         A principal consideration is the
                                                  fishery quotas, an annual incidental                     increase the retention limits in the                  objective of providing opportunities to
                                                  catch quota for fishermen targeting other                Northwest Atlantic region and in the                  harvest the full North Atlantic directed
                                                  species or taking SWO recreationally,                    Florida SWO Management Area. Under                    SWO quota without exceeding it based
                                                  and a reserve category, per the                          § 635.24(b)(4)(iii), NMFS may increase                upon the 2006 Consolidated HMS FMP
                                                  allocations established in the 2006                      or decrease the SWO General                           goal: ‘‘Consistent with other objectives
                                                  Consolidated Highly Migratory Species                    Commercial permit vessel retention                    of this FMP, to manage Atlantic HMS
                                                  Fishery Management Plan (2006                            limit in any region within a range from               fisheries for continuing optimum yield
                                                  Consolidated HMS FMP) (71 FR 58058,                      zero to a maximum of six SWO per                      so as to provide the greatest overall
                                                  October 2, 2006), as amended, and in                     vessel per trip. Any adjustments to                   benefit to the Nation, particularly with
                                                  accordance with implementing                             retention limits must be based upon                   respect to food production, providing
                                                  regulations. NMFS is required under                      consideration of the relevant criteria                recreational opportunities, preserving
                                                  ATCA and the Magnuson-Stevens Act to                     provided in § 635.24(b)(4)(iv), which                 traditional fisheries, and taking into
                                                  provide U.S. fishing vessels with a                      include: The usefulness of information                account the protection of marine
                                                  reasonable opportunity to harvest the                    obtained from biological sampling and                 ecosystems.’’ At the same time, it is also
                                                  ICCAT-recommended quota.                                 monitoring of the North Atlantic SWO                  important for NMFS to continue to
                                                     The 2015 adjusted North Atlantic                      stock; the estimated ability of vessels               provide protection to important SWO
                                                  SWO quota is 3,359.4 mt dw (see FR 80                    participating in the fishery to land the              juvenile areas and migratory corridors.
                                                  25609, May 5, 2015). From the adjusted                   amount of SWO quota available before                     After considering all of the relevant
                                                  quota, 50 mt dw was allocated to the                     the end of the fishing year; the                      criteria, NMFS has determined that this
                                                  reserve category for inseason                            estimated amounts by which quotas for                 year, increases from the default limits
                                                  adjustments and research, and 300 mt                     other categories of the fishery might be              are warranted. With respect to the
                                                  dw was allocated to the incidental                       exceeded; effects of the adjustment on                regulatory criteria, NMFS has examined
                                                  category, which includes recreational                    accomplishing the objectives of the                   dealer reports and landing trends, and
                                                  landings and landings by incidental                      fishery management plan and its                       determined that the information
                                                  SWO permit holders, per                                  amendments; variations in seasonal                    obtained from biological sampling and
                                                  § 635.27(c)(1)(i). This resulted in an                   distribution, abundance, or migration                 monitoring of the North Atlantic SWO
                                                  allocation of 3,009.4 mt dw for the                      patterns of SWO; effects of catch rates               stock is useful. Recently implemented
                                                  directed fishery, which is split equally                 in one region precluding vessels in                   electronic dealer reporting provides
                                                  (1,504.7 mt dw) between two seasons in                   another region from having a reasonable
                                                  2015 (January through June, and July                                                                           accurate and timely monitoring of
                                                                                                           opportunity to harvest a portion of the               landings. This information indicates
                                                  through December).                                       overall SWO quota; and, review of                     that sufficient directed SWO quota is
                                                  Adjustment of SWO General                                dealer reports, landing trends, and the               available that would warrant an increase
                                                  Commercial Permit Vessel Retention                       availability of SWO on the fishing                    in the SWO General Commercial permit
                                                  Limits                                                   grounds.                                              retention limit. Regarding the regulatory
                                                     The 2015 North Atlantic SWO fishing                      NMFS has considered these criteria,                criterion that NMFS consider ‘‘the
                                                  year, which is managed on a calendar-                    as discussed below, and their                         estimated ability of vessels participating
                                                  year basis and divided into two equal                    applicability to the SWO General                      in the fishery to land the amount of
                                                  semi-annual quotas, began January 1,                     Commercial permit retention limit in all              SWO quota available before the end of
                                                  2015. Landings attributable to the SWO                   regions for the remainder of 2015. Last               the fishing year,’’ the directed SWO
                                                  General Commercial permit are counted                    year, with application of the default                 quota has not been harvested for several
                                                  against the applicable semi-annual                       SWO General Commercial permit                         years and, based upon current landing
                                                  directed fishery quota. Regional default                 retention limits, total annual directed               trends, is not likely to be harvested or
                                                  retention limits for this permit have                    SWO fishery landings were                             exceeded in 2015. Based upon recent
                                                  been established and are automatically                   approximately 1,303 mt dw (39 percent                 landings rates from dealer reports, an
                                                  effective from January 1 through                         of the 3,303-mt dw total annual adjusted              increase in the vessel retention limit for
                                                  December 31 each year, unless changed                    directed fishery quota). This year,                   SWO General Commercial permit
                                                  based on the inseason regional retention                 through June 30, 2015, directed SWO                   holders is not likely to cause quotas for
                                                  limit adjustment criteria at                             landings are 481.6 mt dw (36.5 percent                other categories of the fishery to be
                                                  § 635.24(b)(4)(iv). The default retention                of the 1,505 mt dw Jan. to June semi-                 exceeded. Similarly, regarding the
                                                  limits established for the SWO General                   annual adjusted directed subquota; or                 criterion that NMFS consider the
                                                  Commercial permit are: (1) Northwest                     16 percent of the 3,010 mt dw total                   estimated amounts by which quotas for
                                                  Atlantic region—three SWO per vessel                     annual adjusted directed quota).                      other categories of the fishery might be
                                                  per trip; (2) Gulf of Mexico region—                        Given that SWO directed landings fell              exceeded, NMFS expects there to be
                                                  three SWO per vessel per trip; (3) U.S.                  well below the available 2014 quota,                  sufficient SWO quota for the remainder
                                                  Caribbean region—2 SWO per vessel per                    and that 2015 landings continue to be                 of the year, and thus increased catch
                                                  trip; and, (4) Florida SWO Management                    below the available 2015 directed SWO                 rates in one region are not expected to
                                                  Area—zero SWO per vessel per trip. The                   quota, and considering the regulatory                 preclude vessels in another region from
                                                  default retention limits apply to SWO                    criteria, NMFS has determined that the                having a reasonable opportunity to
                                                  General Commercial permitted vessels                     SWO General Commercial permit vessel                  harvest a portion of the overall SWO
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                                                  and to HMS Charter/Headboat permitted                    retention limit in the Northwest                      quota. Landings by vessels issued this
                                                  vessels when fishing on non-for-hire                     Atlantic, Gulf of Mexico, and U.S.                    permit (and Charter/Headboat permitted
                                                  trips. As a condition of these permits,                  Caribbean regions applicable to persons               vessels on a non-for-hire trip) are
                                                  vessels may not possess, retain, or land                 issued a SWO General Commercial                       counted against the adjusted directed
                                                  any more SWO than is specified for the                   permit or HMS Charter/Headboat permit                 SWO quota. As indicated above, this
                                                  region in which the vessel is located.                   (when on a non-for-hire trip) should be               quota has not been exceeded for several
                                                  The retention limits were not adjusted                   increased from the default levels                     years and, based upon current landing
                                                  in 2014.                                                 discussed above.                                      trends, is not likely to be exceeded in


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                                                  44886               Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations

                                                  2015. Similarly, NMFS expects that                       vessel per trip SWO General                           amended, ATCA, and the Magnuson-
                                                  there will be sufficient SWO quota for                   Commercial permit retention limit is                  Stevens Act, and are not expected to
                                                  the remainder of the year, thus                          warranted in the Northwest Atlantic,                  negatively impact stock health.
                                                  increased catch rates in one region are                  Gulf of Mexico, and U.S. Caribbean
                                                                                                                                                                 Monitoring and Reporting
                                                  not expected to preclude vessels in                      regions through December 31, 2015, for
                                                  another region from having a reasonable                  SWO General Commercial permitted                         NMFS will continue to monitor the
                                                  opportunity to harvest a portion of the                  vessels and HMS Charter/Headboat                      SWO fishery closely through mandatory
                                                  overall SWO quota.                                       permitted vessels when on a non-for-                  landings and catch reports. Dealers are
                                                     With regard to SWO abundance, the                     hire trip. It would provide a reasonable              required to submit landing reports and
                                                  2014 report by ICCAT’s Standing                          opportunity to harvest the U.S. quota of              negative reports (if no SWO were
                                                  Committee on Research and Statistics                     SWO without exceeding it, while                       purchased) on a weekly basis.
                                                  indicated that the North Atlantic SWO                    maintaining an equitable distribution of                 Depending on the level of fishing
                                                  stock is not overfished (B2011/Bmsy =                    fishing opportunities; help achieve                   effort and catch rates of SWO, NMFS
                                                  1.14), and overfishing is not occurring                  optimum yield in the SWO fishery;                     may determine that additional retention
                                                  (F2011/Fmsy = 0.82). Increasing the                      allow for the collection of data for stock            limit adjustments or closures are
                                                  retention limit for this U.S. handgear                   monitoring purposes; and be consistent                necessary to ensure that available quota
                                                  fishery is not expected to affect the                    with the objectives of the 2006                       is not exceeded or to enhance fishing
                                                  SWO stock status determination because                   Consolidated HMS FMP, as amended.                     opportunities. Subsequent actions, if
                                                  any additional landings would be in                      Therefore, NMFS increases the SWO                     any, will be published in the Federal
                                                  compliance with the ICCAT                                General Commercial permit retention                   Register. In addition, fishermen may
                                                  recommended U.S. North Atlantic SWO                      limit from the default limit to six SWO               access http://www.nmfs.noaa.gov/sfa/
                                                  quota allocation.                                        per vessel per trip in these three regions,           hms/species/swordfish/landings/
                                                     Mature SWO are anticipated to                         effective from July 30, 2015 through                  index.html for updates on quota
                                                  migrate to the fishing grounds off the                   December 31, 2015. The regional SWO                   monitoring.
                                                  northeast U.S. coast during the summer                   retention limits will automatically                   Classification
                                                  and fall months. Based upon landings                     revert back to the default levels on
                                                  over the last several years, it is highly                January 1, 2016.                                         The Assistant Administrator for
                                                  unlikely that the June through December                     As indicated above, NMFS has also                  NMFS (AA) finds that it is impracticable
                                                  directed SWO subquota will be filled                     received requests since publication of                and contrary to the public interest to
                                                  with the current default retention limits                the final rule implementing Amendment                 provide prior notice of, and an
                                                  of three SWO per vessel per trip                         8 to the 2006 Consolidated HMS FMP                    opportunity for public comment on, this
                                                  (Northwest Atlantic and Gulf of                          (which established the SWO General                    action for the following reasons:
                                                  Mexico), and two SWO per vessel per                      Commercial permit) to increase the                       The regulations implementing the
                                                  trip (U.S. Caribbean). For the entire                    retention limit of SWO in the Florida                 2006 Consolidated HMS FMP, as
                                                  2014 fishing year, 39 percent of the total               SWO Management Area from the default                  amended, provide for inseason retention
                                                  adjusted directed SWO quota was filled.                  of zero. NMFS has determined that the                 limit adjustments to respond to changes
                                                     Increasing the SWO General                            retention limit will remain at zero SWO               in SWO landings, the availability of
                                                  Commercial permit retention limit to six                 per vessel per trip in the Florida SWO                SWO on the fishing grounds, the
                                                  fish per vessel per trip will increase the               Management Area in 2015. As described                 migratory nature of this species, and
                                                  likelihood that directed SWO landings                    in Amendment 8 to the 2006                            regional variations in the fishery. Based
                                                  will approach, but not exceed, the                       Consolidated HMS FMP, the area off the                on available SWO quota, stock
                                                  annual SWO quota, as well as increase                    southeastern coast of Florida,                        abundance, fishery performance in
                                                  the opportunity for catching SWO                         particularly the Florida Straits, contains            recent years, and the availability of
                                                  during the June through December                         oceanographic features that make the                  SWO on the fishing grounds, among
                                                  directed subquota period. Increasing                     area biologically unique. It provides                 other considerations, adjustment to the
                                                  opportunity within this subquota period                  important juvenile SWO habitat, and is                SWO General Commercial permit
                                                  is also important because of the                         essentially a narrow migratory corridor               retention limits from the default levels
                                                  migratory nature and seasonal                            containing high concentrations of SWO                 is warranted. Analysis of available data
                                                  distribution of SWO, one of the                          located in close proximity to high                    shows that adjustment to the SWO daily
                                                  regulatory criteria to be considered                     concentrations of people who may fish                 retention limit from the default level
                                                  when changing the retention limit                        for them. Public comment on                           would result in minimal risks of
                                                  inseason (variations in seasonal                         Amendment 8, including from the                       exceeding the ICCAT-allocated quota.
                                                  distribution, abundance, or migration                    Florida Fish and Wildlife Conservation                NMFS provides notification of retention
                                                  patterns of SWO). In a particular                        Commission, indicated concern about                   limit adjustments by publishing the
                                                  geographic region, or waters accessible                  the resultant high potential for the                  notice in the Federal Register, emailing
                                                  from a particular port, the amount of                    improper rapid growth of a commercial                 individuals who have subscribed to the
                                                  fishing opportunity for SWO may be                       fishery, increased catches of undersized              Atlantic HMS News electronic
                                                  constrained by the short amount of time                  SWO, the potential for larger numbers of              newsletter, and updating the
                                                  the SWO are present as they migrate.                     fishermen in the area, and the potential              information posted on the ‘‘Atlantic
                                                  Dealer reports for Swordfish General                     for crowding of fishermen, which could                HMS Breaking News’’ Web site at
                                                  Commercial permitted vessels indicate                    lead to gear and user conflicts. These                http://www.nmfs.noaa.gov/sfa/hms/
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                                                  swordfish are available from June                        concerns remain valid. NMFS will                      news/breaking_news.html. Delays in
                                                  through December in both the                             continue to collect information to                    temporarily increasing these retention
                                                  Northwest Atlantic and Gulf of Mexico                    evaluate the appropriateness of the                   limits would adversely affect those
                                                  regions and are likely to be available in                retention limit in the Florida SWO                    SWO General Commercial permit
                                                  the U.S. Caribbean region during                         Management Area and other regional                    holders and HMS Charter/Headboat
                                                  December and January.                                    retention limits.                                     permit holders that would otherwise
                                                     Based upon these considerations,                         These adjustments are consistent with              have an opportunity to harvest more
                                                  NMFS has determined that a six-fish per                  the 2006 Consolidated HMS FMP as                      than the default retention limits of three


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                                                                      Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations                                          44887

                                                  SWO per vessel per trip in the                           the U.S. EEZ south of Point Conception,               Modified Daily Bag Limit Regulations
                                                  Northwest Atlantic and Gulf of Mexico                    Santa Barbara County, under the                          This final rule reduces the existing
                                                  regions, and two SWO per vessel per                      Magnuson-Stevens Fishery                              bag limit of 10 PBF per day to 2 PBF per
                                                  trip in the U.S. Caribbean region.                       Conservation and Management Act                       day and the maximum multiday
                                                  Further, any delay could exacerbate the                  (MSA). This action is intended to                     possession limit (i.e., for trips of 3 days
                                                  problem of low SWO landings and                          conserve PBF, and is based on a                       or more) from 30 PBF to 6 PBF. For
                                                  subsequent quota rollovers. Limited                      recommendation of the Pacific Fishery
                                                                                                                                                                 fishing trips of less than 3 days, the
                                                  opportunities to harvest the directed                    Management Council (Council).
                                                                                                                                                                 daily bag limit is multiplied by the
                                                  SWO quota may have negative social                       DATES: The final rule is effective July 30,           number of days fishing to determine the
                                                  and economic impacts for U.S.                            2015.                                                 multiday possession limit (e.g., the
                                                  fishermen. Adjustment of the retention                   ADDRESSES: Copies of the Regulatory                   possession limit for a 1-day trip would
                                                  limits needs to be effective as soon as                  Impact Review (RIR), Environmental                    be two fish and for a 2-day trip, four
                                                  possible to allow the impacted sectors to                Assessment, and other supporting                      fish). The bag limits of this section
                                                  benefit from the adjustment during the                   documents are available via the Federal               apply on the basis of each 24-hour
                                                  relevant time period, which would have                   eRulemaking Portal: http://                           period at sea, regardless of the number
                                                  largely passed by for some fishermen if                  www.regulations.gov, identified by                    of trips per day. The final rule does not
                                                  the action is delayed for notice, and to                 ‘‘NOAA–NMFS–2015–0029’’, or contact                   authorize any person to take and retain
                                                  not preclude fishing opportunities for                   the Regional Administrator, William W.                more than one daily bag limit of fish
                                                  fishermen who have access to the                         Stelle, Jr., NMFS West Coast Region,                  during 1 calendar day. The daily bag
                                                  fishery only during this time period.                    7600 Sand Point Way NE., Bldg 1,                      and multiday possession limits apply to
                                                  Therefore, the AA finds good cause                       Seattle, WA 98115–0070, or                            the U.S. EEZ off the coast of California
                                                  under 5 U.S.C. 553(b)(B) to waive prior                  RegionalAdministrator.WCRHMS@                         and might be more or less conservative
                                                  notice and the opportunity for public                    noaa.gov.                                             than Mexico’s limits. The U.S.
                                                  comment. For all of the above reasons,                   FOR FURTHER INFORMATION CONTACT:                      recreational limits would not apply to
                                                  there is good cause under 5 U.S.C.                       Craig Heberer, NMFS, 760–431–9440,                    U.S. anglers while in Mexico’s waters,
                                                  553(d) to waive the 30-day delay in                      ext. 303, or Craig.Heberer@noaa.gov.                  but to facilitate enforcement and
                                                  effectiveness.                                                                                                 monitoring, the limits will apply to U.S.
                                                                                                           SUPPLEMENTARY INFORMATION:
                                                     This action is being taken under
                                                                                                                                                                 vessels in the U.S. EEZ or landing to
                                                  § 635.24(b)(4) and is exempt from                        Background                                            U.S. ports, regardless of where the fish
                                                  review under Executive Order 12866.                         On April 21, 2015, NMFS published                  were harvested.
                                                     Authority: 16 U.S.C. 971 et seq. and 1801             a proposed rule in the Federal Register
                                                  et seq.                                                  (80 FR 22156) that would modify and                   New At-Sea Filleting Requirements
                                                    Dated: July 23, 2015.                                  add regulations at 50 CFR 660.721, to                    The regulations establish new
                                                  Alan D. Risenhoover,                                     reduce the daily bag limits for sport-                requirements for filleting tuna at-sea
                                                  Director, Office of Sustainable Fisheries,               caught PBF harvested in the EEZ off the               (i.e., each fish must be cut into six
                                                  National Marine Fisheries Service.                       coast of California and to promulgate                 pieces placed in an individual bag so
                                                  [FR Doc. 2015–18431 Filed 7–27–15; 8:45 am]              new at-sea fillet regulations applicable              that certain diagnostic characteristics
                                                  BILLING CODE 3510–22–P
                                                                                                           south of Point Conception, Santa                      are left intact), which will assist law
                                                                                                           Barbara County. The public comment                    enforcement personnel in accurately
                                                                                                           period on the proposed rule was open                  identifying the different tuna species.
                                                  DEPARTMENT OF COMMERCE                                   until May 6, 2015, and NMFS received                  These requirements apply to tuna
                                                                                                           976 comments, which are summarized                    species caught south of the line running
                                                  National Oceanic and Atmospheric                         and discussed below. This final rule is               due west true from Point Conception,
                                                  Administration                                           intended to reduce fishing mortality and              Santa Barbara County (34°27′ N. lat.). As
                                                                                                           aid in rebuilding the PBF stock, which                defined in 50 CFR 660.702, tuna refers
                                                  50 CFR Part 660                                          is overfished and subject to overfishing              to the following species: Yellowfin,
                                                  [Docket No. 150305219–5619–02]
                                                                                                           (78 FR 41033, July 9, 2013), and to                   Thunnus albacares; bluefin, T.
                                                                                                           satisfy the United States’ obligation to              orientalis; bigeye, T. obesus; albacore, T.
                                                  RIN 0648–BE78                                            reduce catches of PBF by sportfishing                 alalunga; and skipjack tuna,
                                                                                                           vessels in accordance with conservation               Katsuwonus pelamis.
                                                  Fisheries Off West Coast States;                         measures adopted by the Inter-American
                                                  Highly Migratory Species Fisheries;                                                                            Public Comments and Responses
                                                                                                           Tropical Tuna Commission (IATTC).
                                                  Recreational Fishing Restrictions for                    This rule is implemented under the                      NMFS received 976 written public
                                                  Pacific Bluefin Tuna                                     authority of the MSA as a conservation                comments pertaining to the proposed
                                                  AGENCY:  National Marine Fisheries                       measure recommended by the Council                    action.
                                                  Service (NMFS), National Oceanic and                     during the 2015–2016 biennial                           NMFS categorized comments by
                                                  Atmospheric Administration (NOAA),                       management cycle, as established in the               whether they supported a reduced bag
                                                  Commerce.                                                Fishery Management Plan for U.S. West                 limit and/or establishment of new fillet
                                                  ACTION: Final rule.                                      Coast Fisheries for Highly Migratory                  requirements. Summaries of the
                                                                                                           Species (HMS FMP) framework                           comments received and NMFS’
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                                                  SUMMARY:   The National Marine                           provisions for changes to routine                     responses appear below. Some
                                                  Fisheries Service (NMFS) is issuing                      management measures.                                  comments were beyond the scope of this
                                                  regulations to modify the existing                          The proposed rule contains additional              rulemaking and are not addressed here.
                                                  Pacific bluefin tuna (PBF) Thunnus                       background information, including the                 Nonetheless, those comments are
                                                  orientalis recreational daily bag limit in               basis for the new regulations.                        valuable; and NMFS will consider them
                                                  the Exclusive Economic Zone (EEZ) off                    Additional information on changes                     for future management planning.
                                                  California, and to establish filleting-at-               since the proposed rule is included                     Comment 1: Reducing the daily bag
                                                  sea requirements for any tuna species in                 below.                                                limit from 10 PBF per day to 2 PBF per


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Document Created: 2018-02-23 09:28:22
Document Modified: 2018-02-23 09:28:22
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
ActionTemporary rule; Swordfish General Commercial permit retention limit adjustment for Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean regions.
DatesThe adjusted SWO General Commercial permit retention limits in the Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean regions are effective July 30, 2015 through December 31, 2015.
ContactRick Pearson or Randy Blankinship, 727-824-5399.
FR Citation80 FR 44884 
RIN Number0648-XE00

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