82_FR_29132 82 FR 29010 - Atlantic Highly Migratory Species; North Atlantic Swordfish Fishery

82 FR 29010 - Atlantic Highly Migratory Species; North Atlantic Swordfish Fishery

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 122 (June 27, 2017)

Page Range29010-29013
FR Document2017-13338

NMFS is adjusting the Swordfish (SWO) General Commercial permit retention limits for the Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean regions for July through December of the 2017 fishing year, unless otherwise later noticed. The SWO General Commercial permit retention limit in each of these regions is increased from the regulatory default limits (either two or three fish) to six swordfish per vessel per trip. The SWO General Commercial permit retention limit in the Florida SWO Management Area will remain unchanged at the default limit of zero swordfish per vessel per trip. These adjustments apply to SWO General Commercial permitted vessels and Highly Migratory Species (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 82 Issue 122 (Tuesday, June 27, 2017)
[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Rules and Regulations]
[Pages 29010-29013]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13338]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 120627194-3657-02]
RIN 0648-XF416


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 inseason adjustment for the Northwest Atlantic, Gulf of Mexico, 
and U.S. Caribbean regions.

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

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 July through December of the 2017 fishing 
year, unless otherwise later noticed. The SWO General Commercial permit 
retention limit in each of these regions is increased from the 
regulatory default limits (either two or three fish) to six swordfish 
per vessel per trip. The SWO

[[Page 29011]]

General Commercial permit retention limit in the Florida SWO Management 
Area will remain unchanged at the default limit of zero swordfish per 
vessel per trip. These adjustments apply to SWO General Commercial 
permitted vessels and Highly Migratory Species (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 from July 1, 2017, through December 31, 2017.

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 swordfish 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 swordfish quota recommended by the International Commission 
for the Conservation of Atlantic Tunas (ICCAT) and implemented by the 
United States into two equal semi-annual directed fishery quotas, an 
annual incidental catch quota for fishermen targeting other species or 
catching swordfish recreationally, and a reserve category, according to 
the allocations established in the 2006 Consolidated 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.
    ICCAT Recommendation 13-02 set the North Atlantic swordfish total 
allowable catch (TAC) at 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. The 
Recommendation also included an 18.8 mt dw (25 mt ww) annual quota 
transfer from the United States to Mauritania and limited underharvest 
carryover to 15 percent of a contracting party's baseline quota. Thus, 
the United States could carry over a maximum of 440.6 mt dw (586.0 mt 
ww) of underharvest. A new Recommendation was adopted at the 2016 ICCAT 
annual meeting, maintaining the provisions related to quota, the 
transfer to Mauritania, and the carryover limit. Absent adjustments, 
the codified baseline quota is 2,937 mt dw for the directed fishery in 
2017, split equally (1,468.5 mt dw) between two semi-annual periods in 
2017 (January through June, and July through December). We anticipate, 
however, that the 2017 adjusted North Atlantic swordfish quota will be 
3,359.4 mt dw (equivalent to the 2016 adjusted quota) when we adjust 
the quota. At this time, given the extent of underharvest in 2016, we 
anticipate again carrying over the maximum allowable 15 percent (440.6 
mt dw) which, with the Mauritania transfer, would result in a final 
adjusted North Atlantic swordfish quota for the 2017 fishing year equal 
to that from last year 3,359.4 mt dw (2,937.6-18.8 + 440.6 = 3,359.4 mt 
dw). Also as in past years, we anticipate allocating from the adjusted 
quota, 50 mt dw to the Reserve category for inseason adjustments and 
research, and 300 mt dw to the incidental category, which includes 
recreational landings and landings by incidental swordfish permit 
holders, per Sec.  635.27(c)(1)(i). This would result in an allocation 
of 3,009.4 mt dw for the directed fishery, which would be split equally 
(1,504.7 mt dw) between two semi-annual periods in 2017 (January 
through June, and July through December).

Adjustment of SWO General Commercial Permit Vessel Retention Limits

    The 2017 North Atlantic swordfish fishing year, which is managed on 
a calendar-year basis and divided into two equal semi-annual quotas, 
began on January 1, 2017. 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 
swordfish per vessel per trip; (2) Gulf of Mexico region--three 
swordfish per vessel per trip; (3) U.S. Caribbean region--two swordfish 
per vessel per trip; and, (4) Florida SWO Management Area--zero 
swordfish 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 
swordfish than is specified for the region in which the vessel is 
located.
    Under Sec.  635.24(b)(4)(iii), NMFS may increase or decrease the 
SWO General Commercial permit vessel retention limit in any region 
within a range from zero to a maximum of six swordfish per vessel per 
trip. Any adjustments to the retention limits must be based upon a 
consideration of the relevant criteria provided in Sec.  
635.24(b)(4)(iv), which include: The usefulness of information obtained 
from biological sampling and monitoring of the North Atlantic swordfish 
stock; the estimated ability of vessels participating in the fishery to 
land the amount of swordfish 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 swordfish; effects of catch rates in one region 
precluding vessels in another region from having a reasonable 
opportunity to harvest a portion of the overall swordfish quota; and, 
review of dealer reports, landing trends, and the availability of 
swordfish on the fishing grounds.
    Based upon these criteria, NMFS determined on December 19, 2016, 
(81 FR 91876) that the SWO General Commercial permit vessel retention 
limits 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 that would have otherwise 
automatically become effective on January 1, 2017, to six swordfish per 
vessel per trip for the period January 1-June 30, 2017.
    NMFS has again considered these criteria as discussed below and 
their applicability to the SWO General Commercial permit retention 
limit in all regions for July through December of the 2017 North 
Atlantic swordfish fishing year, and has determined that the SWO 
General Commercial permit vessel retention limits 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 that

[[Page 29012]]

would otherwise automatically become effective on July 1, 2017, to six 
swordfish per vessel per trip from July 1 through December 31, 2017, 
unless otherwise later noticed.
    Among the regulatory criteria for inseason adjustments to retention 
limits, and given the rebuilt status of the stock and availability of 
quota, is the requirement that NMFS consider the ``effects of the 
adjustment on accomplishing the objectives of the fishery management 
plan and its amendments.'' One consideration in deciding whether to 
increase the retention limit, in this case, is the objective of 
providing opportunities to harvest the full North Atlantic directed 
swordfish quota without exceeding it based upon the 2006 Consolidated 
HMS FMP goal to, consistent with other objectives of this FMP, ``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.'' Another consideration, consistent with the FMP and its 
amendments, is to continue to provide protection to important swordfish 
juvenile areas and migratory corridors.
    The regulatory criteria also require NMFS to consider the estimated 
ability of vessels participating in the fishery to land the amount of 
swordfish quota available before the end of the fishing year. In 
considering these criteria and their application here, NMFS examined 
electronic dealer reports, which provide accurate and timely monitoring 
of landings, and considered recent landing trends and information 
obtained from biological sampling and monitoring of the North Atlantic 
swordfish stock. A six swordfish per vessel per trip limit for SWO 
General Commercial permit holders was in effect in the Northwest 
Atlantic, Gulf of Mexico, and U.S. Caribbean regions for the entire 
2016 fishing season as a result of actions adjusting those limits 
upwards in January and July (80 FR 81770 and 81 FR 38966). Even with 
these higher retention limits, 2016 total annual directed swordfish 
landings through December 31, 2016, were approximately 1,079.0 mt dw, 
or 32.6 percent of the 3,009.4 mt dw annual adjusted directed swordfish 
quota. Similarly, with higher retention limits during the first semi-
annual quota period in 2017, total directed swordfish landings through 
April 30, 2017, are approximately 271.2 mt dw, or 20.6 percent of the 
1,318.8 mt dw semi-annual baseline directed swordfish quota.
    The directed swordfish quota has not been harvested for several 
years and, based upon current landing trends, is not likely to be 
harvested or exceeded during 2017. This information indicates that 
sufficient directed swordfish quota should be available from July 1 
through December 31, 2017, at the higher retention levels, within the 
limits of the scientifically-supported TAC and consistent with the 
goals of the FMP.
    The regulatory criteria for inseason adjustments also require us to 
consider the estimated amounts by which quotas for other categories of 
the fishery might be exceeded. 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 as the directed category 
quota has been significantly underharvested in recent years and 
landings trends do not appear to vary significantly in 2017. Similarly, 
regarding the criteria that NMFS consider the effects of catch rates in 
one region precluding vessels in another region from having a 
reasonable opportunity to harvest a portion of the overall swordfish 
quota, NMFS expects there to be sufficient swordfish quota for 2017, 
and thus increased catch rates in these three regions as a result of 
this action would not be expected to preclude vessels in the other 
region (e.g., the buoy gear fishery in the Florida SWO Management Area) 
from having a reasonable opportunity to harvest a portion of the 
overall swordfish quota.
    Finally, in making adjustments to the retention limits NMFS must 
consider variations in seasonal distribution, abundance, or migration 
patterns of swordfish, and the availability of swordfish on the fishing 
grounds. With regard to swordfish abundance, the 2016 report by ICCAT's 
Standing Committee on Research and Statistics indicated that the North 
Atlantic swordfish stock is not overfished (B2011/
Bmsy = 1.14), and overfishing is not occurring 
(F2011/Fmsy = 0.82). Increasing the retention 
limits for this U.S. handgear fishery is not expected to affect the 
swordfish stock status determination because any additional landings 
would be within the established overall U.S. North Atlantic swordfish 
quota allocation recommended by ICCAT. Increasing opportunity beginning 
on July 1, 2017, is also important because of the migratory nature and 
seasonal distribution of swordfish. In a particular geographic region, 
or waters accessible from a particular port, the amount of fishing 
opportunity for swordfish may be constrained by the short amount of 
time the swordfish are present as they migrate.
    NMFS also has determined that the retention limit for the SWO 
General Commercial permit will remain at zero swordfish per vessel per 
trip in the Florida SWO Management Area at this time. As discussed 
above, NMFS considered consistency with the 2006 HMS FMP and its 
amendments, and the importance for NMFS to continue to provide 
protection to important swordfish juvenile areas and migratory 
corridors. As described in Amendment 8 to the 2006 Consolidated HMS FMP 
(78 FR 52012), the area off the southeastern coast of Florida, 
particularly the Florida Straits, contains oceanographic features that 
make the area biologically unique. It provides important juvenile 
swordfish habitat, and is essentially a narrow migratory corridor 
containing high concentrations of swordfish located in close proximity 
to high concentrations of people who may fish for them. Public comment 
on Amendment 8, 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 swordfish, the potential for larger 
numbers of fishermen in the area, and the potential for crowding of 
fishermen, which could lead to gear and user conflicts. These concerns 
remain valid. NMFS will continue to collect information to evaluate the 
appropriateness of the retention limit in the Florida SWO Management 
Area and other regional retention limits. This action therefore 
maintains a zero-fish retention limit in the Florida Swordfish 
Management Area.
    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 swordfish fishery closely during 
2017 through mandatory landings and catch reports. Dealers are required 
to submit landing reports and negative reports (if no swordfish were 
purchased) on a weekly basis.
    Depending upon the level of fishing effort and catch rates of 
swordfish, NMFS may determine that additional retention limit 
adjustments or closures are necessary to ensure that 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/

[[Page 29013]]

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 swordfish landings, the availability of swordfish on the 
fishing grounds, the migratory nature of this species, and regional 
variations in the fishery. Based on available swordfish quota, stock 
abundance, fishery performance in recent years, and the availability of 
swordfish on the fishing grounds, among other considerations, 
adjustment to the SWO General Commercial permit retention limits from 
the default levels of two or three fish to six SWO per vessel per trip 
as discussed above is warranted, while maintaining a zero-fish 
retention limit in the Florida SWO Management Area. Analysis of 
available data shows that adjustment to the swordfish daily retention 
limit from the default levels would result in minimal risk 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 caused by the time required to publish a proposed rule 
and accept public comment would adversely and unnecessarily affect 
those SWO General Commercial permit holders and HMS Charter/Headboat 
permit holders that would otherwise have an opportunity to harvest more 
than the otherwise applicable lower default retention limits of three 
swordfish per vessel per trip in the Northwest Atlantic and Gulf of 
Mexico regions, and two swordfish per vessel per trip in the U.S. 
Caribbean region. Further, any delay beyond July 1, 2017, the start of 
the second semi-annual directed fishing period, could result in even 
lower swordfish landings because of the lower default retention limits. 
Limited opportunities to harvest the directed swordfish quota may have 
negative social and economic impacts for U.S. fishermen. Adjustment of 
the retention limits needs to be effective on July 1, 2017, to allow 
SWO General Commercial permit holders and HMS Charter/Headboat permit 
holders to benefit from the adjustment during the relevant time period, 
which could pass by for some fishermen, particularly in the Northwest 
Atlantic region who have access to the fishery during a short time 
period because of seasonal fish migration, if the action is delayed for 
notice and public comment. Therefore, the AA finds good cause under 5 
U.S.C. 553(b)(B) to waive prior notice and the opportunity for public 
comment. For all of the above reasons, there is also good cause under 5 
U.S.C. 553(d) to waive the 30-day delay in effectiveness.
    This action is being taken under 50 CFR 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: June 21, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-13338 Filed 6-26-17; 8:45 am]
 BILLING CODE 3510-22-P



                                             29010              Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Rules and Regulations

                                             DATES:  As of June 23, 2017, the effective              Atmospheric Administration (NOAA),                     Duration,’’ the first sentence is corrected
                                             date of the rule amending 49 CFR part                   Commerce.                                              to read as follows:
                                             578 published at 81 FR 95489,                           ACTION: Final rule; correction.                           ‘‘The specified activity may occur
                                             December 28, 2016, delayed at 82 FR                                                                            from July 1 through February 28,
                                             8694, January 30, 2017, further delayed                 SUMMARY:   This document contains                      annually, for the effective period of the
                                             at 82 FR 15302, March 28, 2017, is                      corrections to the DATES section and the               regulations (June 29, 2017 through June
                                             further delayed until July 10, 2017.                    preamble to the final regulations                      28, 2022).’’
                                                                                                     published on June 15, 2017, that                          5. On page 27442, in the first column,
                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                     establish a framework for authorizing                  the next to the last sentence is corrected
                                             Michael Kuppersmith, Office of Chief
                                                                                                     the take of marine mammals incidental                  and the last sentence is removed. The
                                             Counsel, (202) 366–5263.
                                                                                                     to the commercial fireworks displays in                corrected sentence reads as follows:
                                             SUPPLEMENTARY INFORMATION: Pursuant                     the Monterey Bay National Marine                          ‘‘Finally, the MBNMS has informed
                                             to notices published on January 30,                     Sanctuary for a five-year period, 2017–                NMFS that it does not require 30 days
                                             2017 and March 28, 2017, the effective                  2022. This action is necessary to correct              to prepare for implementation of the
                                             date of the rule entitled ‘‘Civil                       an error in the effective dates of the final           regulations and requests that this final
                                             Penalties,’’ published in the Federal                   regulations.                                           rule take effect on or before June 29,
                                             Register on December 28, 2016, at 81 FR                 DATES: Effective from June 29, 2017,                   2017.’’
                                             95489, was temporarily delayed until                    through June 28, 2022.
                                             June 26, 2017 (82 FR 8694; 82 FR                                                                               ■ 6. On page 27442, in the second
                                                                                                     FOR FURTHER INFORMATION CONTACT:                       column, § 217.12 is corrected to read as
                                             15302). The present action temporarily
                                                                                                     Laura McCue, Office of Protected                       follows:
                                             delays the effective date of that rule for              Resources, NMFS, (301) 427–8401.
                                             14 additional days. That rule responded                                                                        § 217.12   [Corrected]
                                                                                                     SUPPLEMENTARY INFORMATION:
                                             to a petition for reconsideration from
                                                                                                                                                               Regulations in this subpart are
                                             the Alliance of Automobile                              Background
                                                                                                                                                            effective from June 29, 2017, through
                                             Manufacturers and the Association of                       NMFS published a final rule on June                 June 28, 2022.
                                             Global Automakers by delaying, until                    15, 2017 (82 FR 27434) to establish a
                                             model year 2019, the implementation of                                                                           Dated: June 20, 2017.
                                                                                                     framework for authorizing the take of
                                             inflationary adjustments to the                                                                                Samuel D. Rauch III,
                                                                                                     marine mammals incidental to the
                                             Corporate Average Fuel Economy                          commercial fireworks displays at the                   Deputy Assistant Administrator for
                                             (CAFE) civil penalty rate made pursuant                                                                        Regulatory Programs, National Marine
                                                                                                     Monterey Bay National Marine
                                             to the Federal Civil Penalties Inflation                                                                       Fisheries Service.
                                                                                                     Sanctuary (Sanctuary) for a five-year
                                             Adjustment Act Improvements Act of                      period, 2017–2022. NMFS refers the                     [FR Doc. 2017–13249 Filed 6–26–17; 8:45 am]
                                             2015. The additional 14-day delay in                    reader to the June 15, 2017, Federal                   BILLING CODE 3510–22–P
                                             effective date is necessary to                          Register notice (82 FR 27434) for
                                             temporarily preserve the status quo                     background information concerning the
                                             while Department officials continue to                  final regulations. The information in the              DEPARTMENT OF COMMERCE
                                             review and consider the final rule and                  notice of final rulemaking is not
                                             related laws. To the extent that 5 U.S.C.                                                                      National Oceanic and Atmospheric
                                                                                                     repeated here.                                         Administration
                                             553 is applicable, this action is exempt
                                             from notice and comment because it                      Need for Correction
                                             constitutes a rule of procedure under 5                    As published, the DATES section, the                50 CFR Part 635
                                             U.S.C. 553(b)(3)(A).                                    preamble to the final regulations, and                 [Docket No. 120627194–3657–02]
                                               Authority: Pub. L. 101–410, Pub. L. 104–              the regulatory text incorrectly specified
                                                                                                                                                            RIN 0648–XF416
                                             134, Pub. L. 109–59, Pub. L. 114–74, Pub L.             the dates of validity for the regulations.
                                             114–94, 49 U.S.C. 32902 and 32912;                      We hereby correct those errors; the only               Atlantic Highly Migratory Species;
                                             delegation of authority at 49 CFR 1.81, 1.95.           changes are to the dates of validity for               North Atlantic Swordfish Fishery
                                                                                                     the regulations.
                                             Jack Danielson,                                            1. On page 27434, in the third                      AGENCY:  National Marine Fisheries
                                             Acting Deputy Administrator.                            column, the DATES section is corrected                 Service (NMFS), National Oceanic and
                                             [FR Doc. 2017–13315 Filed 6–23–17; 8:45 am]             to read as follows:                                    Atmospheric Administration (NOAA),
                                             BILLING CODE 4910–59–P                                  DATES: Effective from June 29, 2017,                   Commerce.
                                                                                                     through June 28, 2022.                                 ACTION: Temporary rule; Swordfish
                                                                                                        2. On page 27434, in the third                      General Commercial permit retention
                                             DEPARTMENT OF COMMERCE                                  column, under the heading, ‘‘Purpose                   limit inseason adjustment for the
                                                                                                     and Need for this Regulatory Action,’’                 Northwest Atlantic, Gulf of Mexico, and
                                             National Oceanic and Atmospheric                        the last sentence is corrected to read as              U.S. Caribbean regions.
                                             Administration                                          follows:
                                                                                                        ‘‘The regulations implemented by this               SUMMARY:   NMFS is adjusting the
                                             50 CFR Part 217                                         final rule are valid from June 29, 2017,               Swordfish (SWO) General Commercial
                                                                                                     through June 28, 2022.’’                               permit retention limits for the
                                             RIN 0648–BG50                                                                                                  Northwest Atlantic, Gulf of Mexico, and
                                                                                                        3. On page 27435, in the third
                                                                                                     column, under the heading, ‘‘Summary                   U.S. Caribbean regions for July through
pmangrum on DSK3GDR082PROD with RULES




                                             Taking and Importing Marine
                                             Mammals; Taking Marine Mammals                          of Request,’’ the last sentence is                     December of the 2017 fishing year,
                                             Incidental to Commercial Fireworks                      corrected to read as follows:                          unless otherwise later noticed. The
                                             Displays at Monterey Bay National                          ‘‘The instant regulations are valid for             SWO General Commercial permit
                                             Marine Sanctuary; Correction                            five years from June 29, 2017, through                 retention limit in each of these regions
                                                                                                     June 28, 2022.’’                                       is increased from the regulatory default
                                             AGENCY:  National Marine Fisheries                         4. On page 27436, in the first column,              limits (either two or three fish) to six
                                             Service (NMFS), National Oceanic and                    under the heading, ‘‘’’Dates and                       swordfish per vessel per trip. The SWO


                                        VerDate Sep<11>2014   15:07 Jun 26, 2017   Jkt 241001   PO 00000   Frm 00028   Fmt 4700   Sfmt 4700   E:\FR\FM\27JNR1.SGM   27JNR1


                                                                Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Rules and Regulations                                          29011

                                             General Commercial permit retention                     a maximum of 440.6 mt dw (586.0 mt                     General Commercial permitted vessels
                                             limit in the Florida SWO Management                     ww) of underharvest. A new                             and to HMS Charter/Headboat permitted
                                             Area will remain unchanged at the                       Recommendation was adopted at the                      vessels when fishing on non for-hire
                                             default limit of zero swordfish per                     2016 ICCAT annual meeting,                             trips. As a condition of these permits,
                                             vessel per trip. These adjustments apply                maintaining the provisions related to                  vessels may not possess, retain, or land
                                             to SWO General Commercial permitted                     quota, the transfer to Mauritania, and                 any more swordfish than is specified for
                                             vessels and Highly Migratory Species                    the carryover limit. Absent adjustments,               the region in which the vessel is
                                             (HMS) Charter/Headboat permitted                        the codified baseline quota is 2,937 mt                located.
                                             vessels when on a non-for-hire trip. This               dw for the directed fishery in 2017, split                Under § 635.24(b)(4)(iii), NMFS may
                                             action is based upon consideration of                   equally (1,468.5 mt dw) between two                    increase or decrease the SWO General
                                             the applicable inseason regional                        semi-annual periods in 2017 (January                   Commercial permit vessel retention
                                             retention limit adjustment criteria.                    through June, and July through                         limit in any region within a range from
                                             DATES: The adjusted SWO General                         December). We anticipate, however, that                zero to a maximum of six swordfish per
                                             Commercial permit retention limits in                   the 2017 adjusted North Atlantic                       vessel per trip. Any adjustments to the
                                             the Northwest Atlantic, Gulf of Mexico,                 swordfish quota will be 3,359.4 mt dw                  retention limits must be based upon a
                                             and U.S. Caribbean regions are effective                (equivalent to the 2016 adjusted quota)                consideration of the relevant criteria
                                             from July 1, 2017, through December 31,                 when we adjust the quota. At this time,                provided in § 635.24(b)(4)(iv), which
                                             2017.                                                   given the extent of underharvest in                    include: The usefulness of information
                                             FOR FURTHER INFORMATION CONTACT: Rick                   2016, we anticipate again carrying over                obtained from biological sampling and
                                             Pearson or Randy Blankinship, 727–                      the maximum allowable 15 percent                       monitoring of the North Atlantic
                                             824–5399.                                               (440.6 mt dw) which, with the                          swordfish stock; the estimated ability of
                                                                                                     Mauritania transfer, would result in a                 vessels participating in the fishery to
                                             SUPPLEMENTARY INFORMATION:
                                                                                                     final adjusted North Atlantic swordfish                land the amount of swordfish quota
                                             Regulations implemented under the                                                                              available before the end of the fishing
                                                                                                     quota for the 2017 fishing year equal to
                                             authority of the Atlantic Tunas                                                                                year; the estimated amounts by which
                                                                                                     that from last year 3,359.4 mt dw
                                             Convention Act (ATCA; 16 U.S.C. 971 et                                                                         quotas for other categories of the fishery
                                                                                                     (2,937.6¥18.8 + 440.6 = 3,359.4 mt dw).
                                             seq.) and the Magnuson-Stevens Fishery                                                                         might be exceeded; effects of the
                                                                                                     Also as in past years, we anticipate
                                             Conservation and Management Act                         allocating from the adjusted quota, 50                 adjustment on accomplishing the
                                             (Magnuson-Stevens Act; 16 U.S.C. 1801                   mt dw to the Reserve category for                      objectives of the fishery management
                                             et seq.) governing the harvest of North                 inseason adjustments and research, and                 plan and its amendments; variations in
                                             Atlantic swordfish by persons and                       300 mt dw to the incidental category,                  seasonal distribution, abundance, or
                                             vessels subject to U.S. jurisdiction are                which includes recreational landings                   migration patterns of swordfish; effects
                                             found at 50 CFR part 635. Section                       and landings by incidental swordfish                   of catch rates in one region precluding
                                             635.27 subdivides the U.S. North                        permit holders, per § 635.27(c)(1)(i).                 vessels in another region from having a
                                             Atlantic swordfish quota recommended                    This would result in an allocation of                  reasonable opportunity to harvest a
                                             by the International Commission for the                 3,009.4 mt dw for the directed fishery,                portion of the overall swordfish quota;
                                             Conservation of Atlantic Tunas (ICCAT)                  which would be split equally (1,504.7                  and, review of dealer reports, landing
                                             and implemented by the United States                    mt dw) between two semi-annual                         trends, and the availability of swordfish
                                             into two equal semi-annual directed                     periods in 2017 (January through June,                 on the fishing grounds.
                                             fishery quotas, an annual incidental                    and July through December).                               Based upon these criteria, NMFS
                                             catch quota for fishermen targeting other                                                                      determined on December 19, 2016, (81
                                             species or catching swordfish                           Adjustment of SWO General                              FR 91876) that the SWO General
                                             recreationally, and a reserve category,                 Commercial Permit Vessel Retention                     Commercial permit vessel retention
                                             according to the allocations established                Limits                                                 limits in the Northwest Atlantic, Gulf of
                                             in the 2006 Consolidated Highly                            The 2017 North Atlantic swordfish                   Mexico, and U.S. Caribbean regions
                                             Migratory Species Fishery Management                    fishing year, which is managed on a                    applicable to persons issued a SWO
                                             Plan (2006 Consolidated HMS FMP) (71                    calendar-year basis and divided into                   General Commercial permit or HMS
                                             FR 58058, October 2, 2006), as                          two equal semi-annual quotas, began on                 Charter/Headboat permit (when on a
                                             amended, and in accordance with                         January 1, 2017. Landings attributable to              non for-hire trip) should be increased
                                             implementing regulations. NMFS is                       the SWO General Commercial permit                      from the default levels that would have
                                             required under ATCA and the                             are counted against the applicable semi-               otherwise automatically become
                                             Magnuson-Stevens Act to provide U.S.                    annual directed fishery quota. Regional                effective on January 1, 2017, to six
                                             fishing vessels with a reasonable                       default retention limits for this permit               swordfish per vessel per trip for the
                                             opportunity to harvest the ICCAT-                       have been established and are                          period January 1–June 30, 2017.
                                             recommended quota.                                      automatically effective from January 1                    NMFS has again considered these
                                                ICCAT Recommendation 13–02 set                       through December 31 each year, unless                  criteria as discussed below and their
                                             the North Atlantic swordfish total                      changed based on the inseason regional                 applicability to the SWO General
                                             allowable catch (TAC) at 10,301 metric                  retention limit adjustment criteria at                 Commercial permit retention limit in all
                                             tons (mt) dressed weight (dw) (13,700                   § 635.24(b)(4)(iv). The default retention              regions for July through December of the
                                             mt whole weight (ww)) through 2016.                     limits established for the SWO General                 2017 North Atlantic swordfish fishing
                                             Of this TAC, the United States’ baseline                Commercial permit are: (1) Northwest                   year, and has determined that the SWO
                                             quota is 2,937.6 mt dw (3,907 mt ww)                    Atlantic region—three swordfish per                    General Commercial permit vessel
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                                             per year. The Recommendation also                       vessel per trip; (2) Gulf of Mexico                    retention limits in the Northwest
                                             included an 18.8 mt dw (25 mt ww)                       region—three swordfish per vessel per                  Atlantic, Gulf of Mexico, and U.S.
                                             annual quota transfer from the United                   trip; (3) U.S. Caribbean region—two                    Caribbean regions applicable to persons
                                             States to Mauritania and limited                        swordfish per vessel per trip; and, (4)                issued a SWO General Commercial
                                             underharvest carryover to 15 percent of                 Florida SWO Management Area—zero                       permit or HMS Charter/Headboat permit
                                             a contracting party’s baseline quota.                   swordfish per vessel per trip. The                     (when on a non for-hire trip) should be
                                             Thus, the United States could carry over                default retention limits apply to SWO                  increased from the default levels that


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                                             29012              Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Rules and Regulations

                                             would otherwise automatically become                    dw semi-annual baseline directed                       be constrained by the short amount of
                                             effective on July 1, 2017, to six                       swordfish quota.                                       time the swordfish are present as they
                                             swordfish per vessel per trip from July                    The directed swordfish quota has not                migrate.
                                             1 through December 31, 2017, unless                     been harvested for several years and,                     NMFS also has determined that the
                                             otherwise later noticed.                                based upon current landing trends, is                  retention limit for the SWO General
                                                Among the regulatory criteria for                    not likely to be harvested or exceeded                 Commercial permit will remain at zero
                                             inseason adjustments to retention limits,               during 2017. This information indicates                swordfish per vessel per trip in the
                                             and given the rebuilt status of the stock               that sufficient directed swordfish quota               Florida SWO Management Area at this
                                             and availability of quota, is the                       should be available from July 1 through                time. As discussed above, NMFS
                                             requirement that NMFS consider the                      December 31, 2017, at the higher                       considered consistency with the 2006
                                             ‘‘effects of the adjustment on                          retention levels, within the limits of the             HMS FMP and its amendments, and the
                                             accomplishing the objectives of the                     scientifically-supported TAC and                       importance for NMFS to continue to
                                             fishery management plan and its                         consistent with the goals of the FMP.                  provide protection to important
                                             amendments.’’ One consideration in                         The regulatory criteria for inseason                swordfish juvenile areas and migratory
                                             deciding whether to increase the                        adjustments also require us to consider                corridors. As described in Amendment
                                             retention limit, in this case, is the                   the estimated amounts by which quotas                  8 to the 2006 Consolidated HMS FMP
                                             objective of providing opportunities to                 for other categories of the fishery might              (78 FR 52012), the area off the
                                             harvest the full North Atlantic directed                be exceeded. Based upon recent                         southeastern coast of Florida,
                                             swordfish quota without exceeding it                    landings rates from dealer reports, an                 particularly the Florida Straits, contains
                                             based upon the 2006 Consolidated HMS                    increase in the vessel retention limit for             oceanographic features that make the
                                             FMP goal to, consistent with other                      SWO General Commercial permit                          area biologically unique. It provides
                                                                                                     holders is not likely to cause quotas for              important juvenile swordfish habitat,
                                             objectives of this FMP, ‘‘manage
                                                                                                     other categories of the fishery to be                  and is essentially a narrow migratory
                                             Atlantic HMS fisheries for continuing
                                                                                                     exceeded as the directed category quota                corridor containing high concentrations
                                             optimum yield so as to provide the
                                                                                                     has been significantly underharvested in               of swordfish located in close proximity
                                             greatest overall benefit to the Nation,
                                                                                                     recent years and landings trends do not                to high concentrations of people who
                                             particularly with respect to food
                                                                                                     appear to vary significantly in 2017.                  may fish for them. Public comment on
                                             production, providing recreational
                                                                                                     Similarly, regarding the criteria that                 Amendment 8, including from the
                                             opportunities, preserving traditional
                                                                                                     NMFS consider the effects of catch rates               Florida Fish and Wildlife Conservation
                                             fisheries, and taking into account the
                                                                                                     in one region precluding vessels in                    Commission, indicated concern about
                                             protection of marine ecosystems.’’
                                                                                                     another region from having a reasonable                the resultant high potential for the
                                             Another consideration, consistent with                  opportunity to harvest a portion of the                improper rapid growth of a commercial
                                             the FMP and its amendments, is to                       overall swordfish quota, NMFS expects                  fishery, increased catches of undersized
                                             continue to provide protection to                       there to be sufficient swordfish quota for             swordfish, the potential for larger
                                             important swordfish juvenile areas and                  2017, and thus increased catch rates in                numbers of fishermen in the area, and
                                             migratory corridors.                                    these three regions as a result of this                the potential for crowding of fishermen,
                                                The regulatory criteria also require                 action would not be expected to                        which could lead to gear and user
                                             NMFS to consider the estimated ability                  preclude vessels in the other region                   conflicts. These concerns remain valid.
                                             of vessels participating in the fishery to              (e.g., the buoy gear fishery in the Florida            NMFS will continue to collect
                                             land the amount of swordfish quota                      SWO Management Area) from having a                     information to evaluate the
                                             available before the end of the fishing                 reasonable opportunity to harvest a                    appropriateness of the retention limit in
                                             year. In considering these criteria and                 portion of the overall swordfish quota.                the Florida SWO Management Area and
                                             their application here, NMFS examined                      Finally, in making adjustments to the               other regional retention limits. This
                                             electronic dealer reports, which provide                retention limits NMFS must consider                    action therefore maintains a zero-fish
                                             accurate and timely monitoring of                       variations in seasonal distribution,                   retention limit in the Florida Swordfish
                                             landings, and considered recent landing                 abundance, or migration patterns of                    Management Area.
                                             trends and information obtained from                    swordfish, and the availability of                        These adjustments are consistent with
                                             biological sampling and monitoring of                   swordfish on the fishing grounds. With                 the 2006 Consolidated HMS FMP as
                                             the North Atlantic swordfish stock. A                   regard to swordfish abundance, the 2016                amended, ATCA, and the Magnuson-
                                             six swordfish per vessel per trip limit                 report by ICCAT’s Standing Committee                   Stevens Act, and are not expected to
                                             for SWO General Commercial permit                       on Research and Statistics indicated that              negatively impact stock health.
                                             holders was in effect in the Northwest                  the North Atlantic swordfish stock is                     Monitoring and Reporting
                                             Atlantic, Gulf of Mexico, and U.S.                      not overfished (B2011/Bmsy = 1.14), and                   NMFS will continue to monitor the
                                             Caribbean regions for the entire 2016                   overfishing is not occurring (F2011/Fmsy =             swordfish fishery closely during 2017
                                             fishing season as a result of actions                   0.82). Increasing the retention limits for             through mandatory landings and catch
                                             adjusting those limits upwards in                       this U.S. handgear fishery is not                      reports. Dealers are required to submit
                                             January and July (80 FR 81770 and 81                    expected to affect the swordfish stock                 landing reports and negative reports (if
                                             FR 38966). Even with these higher                       status determination because any                       no swordfish were purchased) on a
                                             retention limits, 2016 total annual                     additional landings would be within the                weekly basis.
                                             directed swordfish landings through                     established overall U.S. North Atlantic                   Depending upon the level of fishing
                                             December 31, 2016, were approximately                   swordfish quota allocation                             effort and catch rates of swordfish,
                                             1,079.0 mt dw, or 32.6 percent of the                   recommended by ICCAT. Increasing                       NMFS may determine that additional
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                                             3,009.4 mt dw annual adjusted directed                  opportunity beginning on July 1, 2017,                 retention limit adjustments or closures
                                             swordfish quota. Similarly, with higher                 is also important because of the                       are necessary to ensure that available
                                             retention limits during the first semi-                 migratory nature and seasonal                          quota is not exceeded or to enhance
                                             annual quota period in 2017, total                      distribution of swordfish. In a particular             fishing opportunities. Subsequent
                                             directed swordfish landings through                     geographic region, or waters accessible                actions, if any, will be published in the
                                             April 30, 2017, are approximately 271.2                 from a particular port, the amount of                  Federal Register. In addition, fishermen
                                             mt dw, or 20.6 percent of the 1,318.8 mt                fishing opportunity for swordfish may                  may access http://www.nmfs.noaa.gov/


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                                                                Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Rules and Regulations                                                29013

                                             sfa/hms/species/swordfish/landings/                     default levels would result in minimal                 negative social and economic impacts
                                             index.html for updates on quota                         risk of exceeding the ICCAT-allocated                  for U.S. fishermen. Adjustment of the
                                             monitoring.                                             quota. NMFS provides notification of                   retention limits needs to be effective on
                                                                                                     retention limit adjustments by                         July 1, 2017, to allow SWO General
                                             Classification
                                                                                                     publishing the notice in the Federal                   Commercial permit holders and HMS
                                                The Assistant Administrator for                      Register, emailing individuals who have                Charter/Headboat permit holders to
                                             NMFS (AA) finds that it is impracticable                subscribed to the Atlantic HMS News                    benefit from the adjustment during the
                                             and contrary to the public interest to                  electronic newsletter, and updating the                relevant time period, which could pass
                                             provide prior notice of, and an                         information posted on the ‘‘Atlantic                   by for some fishermen, particularly in
                                             opportunity for public comment on, this                 HMS Breaking News’’ Web site at http://                the Northwest Atlantic region who have
                                             action for the following reasons:                       www.nmfs.noaa.gov/sfa/hms/news/                        access to the fishery during a short time
                                                The regulations implementing the                     breaking_news.html. Delays in                          period because of seasonal fish
                                             2006 Consolidated HMS FMP, as                           temporarily increasing these retention                 migration, if the action is delayed for
                                             amended, provide for inseason retention                 limits caused by the time required to                  notice and public comment. Therefore,
                                             limit adjustments to respond to changes                 publish a proposed rule and accept                     the AA finds good cause under 5 U.S.C.
                                             in swordfish landings, the availability of              public comment would adversely and                     553(b)(B) to waive prior notice and the
                                             swordfish on the fishing grounds, the                   unnecessarily affect those SWO General                 opportunity for public comment. For all
                                             migratory nature of this species, and                   Commercial permit holders and HMS                      of the above reasons, there is also good
                                             regional variations in the fishery. Based               Charter/Headboat permit holders that                   cause under 5 U.S.C. 553(d) to waive the
                                             on available swordfish quota, stock                     would otherwise have an opportunity to                 30-day delay in effectiveness.
                                             abundance, fishery performance in                       harvest more than the otherwise
                                             recent years, and the availability of                   applicable lower default retention limits                This action is being taken under 50
                                             swordfish on the fishing grounds,                       of three swordfish per vessel per trip in              CFR 635.24(b)(4) and is exempt from
                                             among other considerations, adjustment                  the Northwest Atlantic and Gulf of                     review under Executive Order 12866.
                                             to the SWO General Commercial permit                    Mexico regions, and two swordfish per                     Authority: 16 U.S.C. 971 et seq. and 1801
                                             retention limits from the default levels                vessel per trip in the U.S. Caribbean                  et seq.
                                             of two or three fish to six SWO per                     region. Further, any delay beyond July                   Dated: June 21, 2017.
                                             vessel per trip as discussed above is                   1, 2017, the start of the second semi-
                                             warranted, while maintaining a zero-                    annual directed fishing period, could                  Emily H. Menashes,
                                             fish retention limit in the Florida SWO                 result in even lower swordfish landings                Acting Director, Office of Sustainable
                                             Management Area. Analysis of available                  because of the lower default retention                 Fisheries, National Marine Fisheries Service.
                                             data shows that adjustment to the                       limits. Limited opportunities to harvest               [FR Doc. 2017–13338 Filed 6–26–17; 8:45 am]
                                             swordfish daily retention limit from the                the directed swordfish quota may have                  BILLING CODE 3510–22–P
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Document Created: 2018-11-14 10:15:01
Document Modified: 2018-11-14 10:15:01
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 inseason adjustment for the 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 from July 1, 2017, through December 31, 2017.
ContactRick Pearson or Randy Blankinship, 727-824-5399.
FR Citation82 FR 29010 
RIN Number0648-XF41

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