82 FR 43500 - Atlantic Highly Migratory Species; Adjustments to 2017 Northern Albacore Tuna Quota, 2017 North and South Atlantic Swordfish Quotas, and 2017 Atlantic Bluefin Tuna Reserve Category Quota
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 179 (September 18, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 179 (September 18, 2017)
| Page Range | 43500-43503 | |
| FR Document | 2017-19777 |
[Federal Register Volume 82, Number 179 (Monday, September 18, 2017)] [Rules and Regulations] [Pages 43500-43503] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-19777] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 170602535-7835-01] RIN 0648-XF480 Atlantic Highly Migratory Species; Adjustments to 2017 Northern Albacore Tuna Quota, 2017 North and South Atlantic Swordfish Quotas, and 2017 Atlantic Bluefin Tuna Reserve Category Quota AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: NMFS adjusts the northern albacore tuna annual baseline quota for 2017 with available underharvest of the 2016 adjusted U.S. northern albacore quota. NMFS also adjusts the North and South Atlantic swordfish baseline quotas for 2017 based on available underharvest from the 2016 adjusted U.S. quotas and international quota transfers. NMFS also augments the 2017 Atlantic bluefin tuna Reserve category quota with available underharvest of the 2016 adjusted U.S. bluefin tuna quota. This action is necessary to implement binding recommendations of the International Commission for the Conservation of Atlantic Tunas (ICCAT), as required by the Atlantic Tunas Convention Act (ATCA), and to achieve domestic management objectives under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). DATES: Effective September 18, 2017, through December 31, 2017. ADDRESSES: Supporting documents such as Environmental Assessments and Fishery Management Plans and their Amendments described below may be downloaded from the HMS Web site at www.nmfs.noaa.gov/sfa/hms/. These documents also are available upon request from Sarah McLaughlin, Steve Durkee, or Gray Redding at the telephone numbers below. FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260, Steve Durkee, 202-670-6637, or Gray Redding, 301-427-8503. SUPPLEMENTARY INFORMATION: Regulations implemented under the authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of northern albacore, swordfish, and bluefin tuna by persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section 635.27(e) describes the northern albacore annual quota recommended by ICCAT and the annual northern albacore quota adjustment process. Section 635.27(c) describes the quota adjustment process for both North and South Atlantic swordfish. Section 635.27(a) subdivides the ICCAT- recommended U.S. bluefin tuna quota among the various domestic fishing categories, per the allocations established in the 2006 Consolidated Atlantic Highly Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR 58058, October 2, 2006), as amended by Amendment 7 to the 2006 Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014), and describes the annual bluefin tuna quota adjustment process. NMFS is required under ATCA and the Magnuson- Stevens Act to provide U.S. fishing vessels with a reasonable opportunity to harvest the ICCAT-recommended quotas. The northern albacore quota implementation and quota adjustment processes, along with the bluefin tuna quota adjustment process, were previously analyzed in Amendment 7, which published in August 2014 and included a Final Environmental Impact Statement, Final Regulatory Impact Review (RIR), Final Regulatory Flexibility Analysis (FRFA), and Final Social Impact Statement. ICCAT conducted another bluefin tuna stock assessment update in 2014, and, after considering the scientific advice in the stock assessment, adopted a recommendation regarding western Atlantic bluefin tuna management that increases the U.S. bluefin tuna quota for 2015 and 2016 (ICCAT Recommendation 14-05). NMFS published a final rule to implement that baseline annual U.S. bluefin tuna quota on August 28, 2015 (80 FR 52198), and prepared an Environmental Assessment (EA), RIR, and FRFA for that action. ICCAT Recommendation 16-08 extended the U.S. bluefin tuna allocation established in Recommendation 14-05 through 2017. The North Atlantic swordfish quota adjustment process was previously analyzed in the EA, RIR, and FRFA that were prepared for the 2012 Swordfish Quota Adjustment Rule (July 31, 2012; 77 FR 45273). The South Atlantic swordfish quota adjustment process was previously analyzed in the EA, RIR, and FRFA that were prepared for the 2007 Swordfish Quota Specification Final Rule (October 5, 2007; 72 FR 56929). In the 2016 North and South Atlantic Swordfish Quotas Adjustment Final Rule (July 26, 2016, 81 FR 48719), after taking public comment on the issue, NMFS announced its intent to no longer issue proposed and final specifications/rules for North and South Atlantic swordfish quotas adjustments in cases where the quota adjustment follows previously codified and analyzed formulas. Therefore, beginning this year, NMFS is instead issuing a temporary final rule to adjust the quota, in a similar process to northern albacore and bluefin tuna quota adjustments. NMFS will continue to undertake notice and comment rulemaking when adopting new quotas, quota formulas, or otherwise altering conservation and management measures. Note that weight information for northern albacore and bluefin tuna below is shown in metric tons (mt) whole weight (ww), and both dressed weight (dw) and ww is shown for swordfish. Northern Albacore Annual Quota and Adjustment Process Since 1998, ICCAT has adopted recommendations regarding the northern albacore fishery. The current [[Page 43501]] ICCAT northern albacore recommendation (Recommendation 16-06) includes a total allowable catch (TAC) at 28,000 metric tons (mt) for 2017 and specific recommendations regarding the northern albacore conservation and management. The U.S. baseline quota for 2017 is 527 mt, annually. The baseline quota of 527 mt is codified at Sec. 635.27(e) and will remain in effect until changed. For example, Recommendation 16-06 specifies that the quota for 2019 and 2020 will be 564.6 mt. It also specifies that if, in any year, the combined contracting parties' landings exceed the TAC, the Commission will re[hyphen]evaluate the Recommendation and recommend further conservation measures, as appropriate. Amendment 7 established the process by which NMFS adjusts the U.S. annual northern albacore quota for allowable underharvest, if any, in the previous year. NMFS makes such adjustments consistent with ICCAT limits and when complete catch information for the prior year is available and finalized. The maximum underharvest that a Contracting Party may carry forward from one year to the next is 25 percent of its initial catch quota, which equals 131.75 mt for the United States. Adjustment of the 2017 Northern Albacore Quota For 2016, the adjusted quota was 658.75 mt (527 mt plus 131.75 mt of 2015 underharvest carried forward to 2016). The total 2016 northern albacore catch was 249.60 mt, which is 409.15 mt less than the 2016 adjusted quota. Thus, the underharvest for 2016 is 409.15 mt, 131.75 mt of which may be carried forward to the 2017 fishing year. Thus, the adjusted 2017 northern albacore quota is 527 mt plus 131.75 mt, totaling 658.75 mt. North and South Atlantic Swordfish Annual Quota and Adjustment Process North Atlantic Swordfish At the 2016 ICCAT annual meeting, Recommendation 16-03 maintained the North Atlantic swordfish TAC of 10,301 mt dw (13,700 mt ww) through 2017. Of this TAC, the United States' baseline quota is 2,937.6 mt dw (3,907 mt ww) per year. ICCAT Recommendation 16-03 also includes an 18.8 mt dw (25 mt ww) annual quota transfer from the United States to Mauritania and limits underharvest carryover to 15 percent of a Contracting Party's baseline quota. Therefore, the United States may carry over a maximum of 440.6 mt dw (586.0 mt ww) of underharvest from 2016 to 2017. This final rule adjusts the U.S. baseline quota for the 2017 fishing year to account for the annual quota transfer to Mauritania and the 2016 underharvest. The 2017 North Atlantic swordfish baseline quota is 2,937.6 mt dw (3,907 mt ww). The total 2016 North Atlantic swordfish catch and dead discards totaled 1,144.4 mt dw, which is 2,215 mt dw less than the 2016 adjusted quota of 3,359.4 mt dw. Thus, the North Atlantic swordfish underharvest for 2016 was 2,215 mt dw, and NMFS is carrying forward 440.6 mt dw, the maximum carryover allowed under Recommendation 16-03. The 2,937.6 mt dw baseline quota is reduced by the 18.8 mt dw annual quota transfer to Mauritania and increased by the underharvest carryover of 440.6 mt dw, resulting in a final adjusted North Atlantic swordfish quota for the 2017 fishing year of 3,359.4 mt dw (2,937.6- 18.8 + 440.6 = 3,359.4 mt dw). From that adjusted quota, 50 mt dw will be allocated to the reserve category for inseason adjustments and research, and 300 mt dw will be allocated to the incidental category, which includes recreational landings and landings by incidental swordfish permit holders, in accordance with regulations at 50 CFR 635.27(c)(1)(i). This would result in an allocation of 3,009.4 mt dw (3,359.4-50-300 = 3,009.4 mt dw) for the directed category, which would be split equally between two seasons in 2017 (January through June, and July through December) (Table 1). South Atlantic Swordfish In 2016, ICCAT Recommendation 16-04 maintained the South Atlantic swordfish TAC at 11,278.2 mt dw (15,000 mt ww) through 2017. Of this, the United States receives 75.2 mt dw (100 mt ww). Recommendation 16-04 limits the amount of South Atlantic swordfish underharvest that can be carried forward from one year to the next, and the United States may carry forward up to 100 percent of its baseline quota (75.2 mt dw). Recommendation 16-04 also included a total of 75.2 mt dw (100 mt ww) of quota transfers from the United States to other countries. These transfers were 37.6 mt dw (50 mt ww) to Namibia, 18.8 mt dw (25 mt ww) to C[ocirc]te d'Ivoire, and 18.8 mt dw (25 mt ww) to Belize. U.S. fishermen landed no South Atlantic swordfish in 2016. The adjusted 2016 South Atlantic swordfish quota was 75.1 mt dw due to nominal landings in previous years. Therefore, 75.1 mt dw of underharvest is available to carry over to 2017. NMFS is carrying forward 75.1 mt dw to be added to the 75.2 mt dw baseline quota. The quota is then reduced by the 75.2 mt dw of annual international quota transfers outlined above, resulting in an adjusted South Atlantic swordfish quota of 75.1 mt dw for the 2017 fishing year (Table 1). Table 1--2017 North and South Atlantic Swordfish Quotas ------------------------------------------------------------------------ 2016 2017 ------------------------------------------------------------------------ North Atlantic Swordfish Quota (mt dw) ------------------------------------------------------------------------ Baseline Quota................... 2,937.6........... 2,937.6 International Quota Transfer..... (-)18.8 (to (-)18.8 (to Mauritania). Mauritania) Total Underharvest from Previous 2,181.6........... 2,215.0 Year. Underharvest Carryover from (+) 440.6......... (+) 440.6 Previous Year \+\. Adjusted Quota................... 3,359.4........... 3,359.4 Quota Allocation: Directed Category............ 3,009.4........... 3,009.4 Incidental Category.......... 300............... 300 Reserve Category............. 50................ 50 ------------------------------------------------------------------------ South Atlantic Swordfish Quota (mt dw) ------------------------------------------------------------------------ Baseline Quota................... 75.2.............. 75.2 International Quota Transfers*... (-)75.2........... (-)75.2 Total Underharvest from Previous 75.1.............. 75.1 Year. Underharvest Carryover from 75.1.............. 75.1 Previous Year \+\. [[Page 43502]] Adjusted quota................... 75.1.............. 75.1 ------------------------------------------------------------------------ \+\ Allowable underharvest carryover is capped at 15 percent of the baseline quota allocation for the North Atlantic and 75.2 dw (100 mt ww) for the South Atlantic. * Under Recommendation 16-04, the United States transfers 75.2 mt dw (100 mt ww) annually to Namibia (37.6 mt dw, 50 mt ww), C[ocirc]te d'Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25 mt ww). Bluefin Tuna Annual Quota and Adjustment Process Pursuant to Amendment 7, NMFS augments the Reserve category quota to the extent that underharvest from the prior year's adjusted U.S. bluefin tuna quota is available. NMFS makes such adjustments consistent with ICCAT limits and when complete catch information for the prior year is available and finalized. Consistent with the bluefin tuna quota regulations, NMFS may allocate any portion of the Reserve category quota for inseason or annual adjustments to any fishing category quota pursuant to regulatory determination criteria described at Sec. 635.27(a)(8), or for scientific research. NMFS implemented ICCAT Recommendation 14-05 in the bluefin tuna quota final rule in August 2015 (80 FR 52198, August 28, 2015). That rulemaking implemented Recommendation 14-05, which included a western bluefin tuna TAC of 2,000 mt (for 2015 and 2016) and the recommended annual U.S. baseline quota of 1,058.79 mt. The total annual U.S. quota, including the 25 mt to account for bycatch related to pelagic longline fisheries in the Northeast Distant gear restricted area (NED) is 1,083.79 mt. Any underharvest of a CPC's total quota in a given year may be carried forward to the next year but is limited to 10 percent of the CPC's initial quota allocation (for the United States, its baseline quota plus 25 mt for the NED). ICCAT Recommendation 16-08 extended these provisions through 2017. The baseline annual U.S. bluefin tuna quota of 1,058.79 mt is codified at Sec. 635.27(a) and will remain in effect until changed (for instance, if a new ICCAT western bluefin tuna TAC recommendation is adopted). Adjustment of the 2016 Bluefin Tuna Reserve Category Quota The total 2016 bluefin tuna catch was 1,025.10 mt. This total catch includes landings and dead discards. The total catch of 1,025.10 mt is 167.07 mt less than the 2016 adjusted quota of 1,083.79 mt. Per ICCAT Recommendation 16-08, only 10 percent of the total 2016 U.S. quota, or 108.38 mt, of that underharvest may be carried forward to the 2017 fishing year, resulting in a 2017 adjusted quota of 1,192.17 mt (baseline quota of 1,083.79 mt + underharvest carryover of 108.38 mt). The codified Reserve category quota is 24.8 mt. Consistent with the process established in Amendment 7, NMFS augments the Reserve category quota with 108.38 mt in this action. Effective February 28, 2017, NMFS adjusted the Reserve category quota for 2017 to 118 mt by reallocating 138.2 mt of Purse Seine quota to the Reserve category (based on 2016 catch by Purse Seine category participants) and also transferring 45 mt of Reserve category quota to the Longline category (82 FR 12296, March 2, 2017). Effective March 2, 2017, NMFS transferred 40 mt from the Reserve to the General category (82 FR 12747, March 7, 2017). Additionally, effective August 11, 2017, NMFS transferred an additional 30 mt from the Reserve to the Harpoon category (82 FR 38853, August 16, 2017). Thus, as of the effective date of this action (September 18, 2017), the adjusted 2017 Reserve category quota would be 156.38 mt (24.8 + 138.2-45-40-30 + 108.38). Classification The Assistant Administrator for NMFS (AA) has determined that this temporary final rule is consistent with the Magnuson-Stevens Act, the 2006 Consolidated Atlantic HMS FMP and its amendments, other provisions of the Magnuson-Stevens Act, ATCA, and other applicable law. Pursuant to section 553(b)(B) of the Administrative Procedure Act (5 U.S.C. 553(b)(B)), the AA finds that it would be unnecessary and contrary to the public interest to provide prior notice of, and an opportunity for public comment on, this action for the reasons described below. NMFS solicited and accepted public comment on the northern albacore quota implementation and quota adjustment processes, along with the bluefin tuna quota adjustment process, as part of the Amendment 7 rulemaking. Public comments on these provisions in response to the proposed Amendment 7 rule were generally supportive and were addressed in the Response to Comments section of the Amendment 7 final rule. (See comments 18, 19, and 105 at 79 FR 71530-71531 and 71553). Similarly, in the past, North and South Atlantic swordfish quota adjustments were performed through an annual notice and comment rulemaking process. In the 2016 North and South Atlantic Swordfish Quota Adjustment Rule (81 FR 48719, July 26, 2016), NMFS announced the intent to no longer issue proposed and final specifications/rules for North and South Atlantic swordfish quota adjustments in cases where the quota adjustment simply follows previously codified and analyzed formulas. Public comments on this process change were generally supportive. Beginning this year, NMFS will instead issue a temporary final rule to adjust the quota. NMFS will continue to undertake notice and comment rulemaking if adopting new quotas, quota formulas, or otherwise altering conservation and management measures for North and South Atlantic swordfish. This action applies the formulas which the public received notice of in the earlier actions (Amendment 7 and the 2016 North and South Atlantic Swordfish Quota Adjustment Rule), using the best available data regarding 2016 catch and underharvest and calculating allowable underharvest consistent with ICCAT recommendations. The rulemakings for Amendment 7 and the 2016 North and South Atlantic Swordfish Quota Adjustment Rule specifically provided prior notice of, and accepted public comment on, these formulaic quota adjustment processes and the manner in which they occur. The application of this formula in this action does not have discretionary aspects requiring additional agency consideration and thus it would be unnecessarily duplicative to accept public comment for this action. There is good cause under U.S.C. 553(d)(3) to waive the 30-day delay in effective date and to make the rule effective upon publication in the Federal Register. The fisheries for northern albacore, North and South Atlantic swordfish, and bluefin tuna began on January 1, 2017. NMFS monitors northern albacore, North and South Atlantic swordfish, and bluefin [[Page 43503]] tuna annual catch and measures the annual catch data against the applicable available quotas. Delaying the effective date of these quota adjustments would complicate the management of the northern albacore, North and South Atlantic swordfish, and bluefin tuna fisheries, all of which rely on management flexibility to respond quickly to fishery conditions to ensure that fishermen have a reasonable opportunity to catch the available quotas. For example, under the northern albacore fishery closure regulations, NMFS must close the fishery when the annual fishery quota is reached. Closure of the fishery based only on the baseline (codified) quota versus the adjusted northern albacore quota could preclude the fishery from harvesting northern albacore that are legally available consistent with the ICCAT recommendations and the 2006 Consolidated HMS FMP, as amended. Adjusting the North and South Atlantic swordfish quota allows the United States to comply with the ICCAT allowance to carry over quota underharvest and the obligation of international quota transfers. Adjusting the bluefin tuna Reserve category as soon as possible provides NMFS the flexibility to transfer quota from the Reserve to other fishing categories inseason after considering the regulatory determination criteria, including fishery conditions at the time of the transfer. The amount of quota currently in the Reserve category is relatively low, and NMFS may need to transfer quota soon in order to reduce the likelihood of fishery closure during the September or subsequent subquota time periods. NMFS could not appropriately adjust the annual quotas for 2017 sooner because the data needed to make the determination did not become available until August, and additional time was needed for agency analysis and consideration of the data. Additionally, to prevent confusion and potential overharvests, these adjustments should be in place as soon as possible in order to allow the impacted sectors to benefit from any subsequent quota adjustments to the fishing categories, give them a reasonable opportunity to catch available quota, and provide them the opportunity for planning operations accordingly. This action is being taken under Sec. 635.27(e) and Sec. 635.27(a)(10), and is exempt from review under Executive Order 12866. This action does not contain a collection-of-information requirement for purposes of the Paperwork Reduction Act. Because prior notice and opportunity for public comment are not required for this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: September 13, 2017. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2017-19777 Filed 9-15-17; 8:45 am] BILLING CODE 3510-22-P
![43500 Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Rules and Regulations
Amendments of 1972, as amended; 33 U.S.C. Atlantic bluefin tuna Reserve category quota adjustment process, were
1251; 1311; 1314(b), (c), (e), and (g); 1316; quota with available underharvest of the previously analyzed in Amendment 7,
1317; 1318 and 1361). 2016 adjusted U.S. bluefin tuna quota. which published in August 2014 and
■ 2. Amend § 423.11 by revising This action is necessary to implement included a Final Environmental Impact
paragraph (t) introductory text to read as binding recommendations of the Statement, Final Regulatory Impact
follows: International Commission for the Review (RIR), Final Regulatory
Conservation of Atlantic Tunas (ICCAT), Flexibility Analysis (FRFA), and Final
§ 423.11 Specialized definitions. as required by the Atlantic Tunas Social Impact Statement. ICCAT
* * * * * Convention Act (ATCA), and to achieve conducted another bluefin tuna stock
(t) The phrase ‘‘as soon as possible’’ domestic management objectives under assessment update in 2014, and, after
means November 1, 2018 (except for the Magnuson-Stevens Fishery considering the scientific advice in the
purposes of § 423.13(g)(1)(i) and Conservation and Management Act stock assessment, adopted a
(k)(1)(i), and § 423.16(e) and (g), in (Magnuson-Stevens Act). recommendation regarding western
which case it means November 1, 2020), DATES: Effective September 18, 2017, Atlantic bluefin tuna management that
unless the permitting authority through December 31, 2017. increases the U.S. bluefin tuna quota for
establishes a later date, after receiving ADDRESSES: Supporting documents such 2015 and 2016 (ICCAT
information from the discharger, which as Environmental Assessments and Recommendation 14–05). NMFS
reflects a consideration of the following Fishery Management Plans and their published a final rule to implement that
factors: Amendments described below may be baseline annual U.S. bluefin tuna quota
* * * * * downloaded from the HMS Web site at on August 28, 2015 (80 FR 52198), and
www.nmfs.noaa.gov/sfa/hms/. These prepared an Environmental Assessment
§ 423.13 [Amended] (EA), RIR, and FRFA for that action.
documents also are available upon
■ 3. Amend § 423.13 paragraphs (g)(1)(i) request from Sarah McLaughlin, Steve ICCAT Recommendation 16–08
and (k)(1)(i) by removing the text Durkee, or Gray Redding at the extended the U.S. bluefin tuna
‘‘November 1, 2018’’ and adding the text telephone numbers below. allocation established in
‘‘November 1, 2020’’ in its place. FOR FURTHER INFORMATION CONTACT:
Recommendation 14–05 through 2017.
The North Atlantic swordfish quota
§ 423.16 [Amended]
Sarah McLaughlin, 978–281–9260,
adjustment process was previously
Steve Durkee, 202–670–6637, or Gray
■ 4. Amend § 423.16 paragraphs (e) two analyzed in the EA, RIR, and FRFA that
Redding, 301–427–8503.
times, and (g) by removing the text were prepared for the 2012 Swordfish
SUPPLEMENTARY INFORMATION: Quota Adjustment Rule (July 31, 2012;
‘‘November 1, 2018’’ and adding the text Regulations implemented under the
‘‘November 1, 2020’’ in its place. 77 FR 45273). The South Atlantic
authority of the Atlantic Tunas swordfish quota adjustment process was
[FR Doc. 2017–19821 Filed 9–15–17; 8:45 am] Convention Act (ATCA; 16 U.S.C. 971 et previously analyzed in the EA, RIR, and
BILLING CODE 6560–50–P seq.) and the Magnuson-Stevens Fishery FRFA that were prepared for the 2007
Conservation and Management Act Swordfish Quota Specification Final
(Magnuson-Stevens Act; 16 U.S.C. 1801 Rule (October 5, 2007; 72 FR 56929). In
DEPARTMENT OF COMMERCE et seq.) governing the harvest of the 2016 North and South Atlantic
northern albacore, swordfish, and Swordfish Quotas Adjustment Final
National Oceanic and Atmospheric bluefin tuna by persons and vessels Rule (July 26, 2016, 81 FR 48719), after
Administration subject to U.S. jurisdiction are found at taking public comment on the issue,
50 CFR part 635. Section 635.27(e) NMFS announced its intent to no longer
50 CFR Part 635 describes the northern albacore annual issue proposed and final specifications/
[Docket No. 170602535–7835–01] quota recommended by ICCAT and the rules for North and South Atlantic
annual northern albacore quota swordfish quotas adjustments in cases
RIN 0648–XF480 adjustment process. Section 635.27(c) where the quota adjustment follows
describes the quota adjustment process previously codified and analyzed
Atlantic Highly Migratory Species;
for both North and South Atlantic formulas. Therefore, beginning this year,
Adjustments to 2017 Northern
swordfish. Section 635.27(a) subdivides NMFS is instead issuing a temporary
Albacore Tuna Quota, 2017 North and
the ICCAT-recommended U.S. bluefin final rule to adjust the quota, in a
South Atlantic Swordfish Quotas, and
tuna quota among the various domestic similar process to northern albacore and
2017 Atlantic Bluefin Tuna Reserve
fishing categories, per the allocations bluefin tuna quota adjustments. NMFS
Category Quota
established in the 2006 Consolidated will continue to undertake notice and
AGENCY: National Marine Fisheries Atlantic Highly Migratory Species comment rulemaking when adopting
Service (NMFS), National Oceanic and Fishery Management Plan (2006 new quotas, quota formulas, or
Atmospheric Administration (NOAA), Consolidated HMS FMP) (71 FR 58058, otherwise altering conservation and
Commerce. October 2, 2006), as amended by management measures.
ACTION: Temporary final rule. Amendment 7 to the 2006 Consolidated Note that weight information for
HMS FMP (Amendment 7) (79 FR northern albacore and bluefin tuna
SUMMARY: NMFS adjusts the northern 71510, December 2, 2014), and describes below is shown in metric tons (mt)
albacore tuna annual baseline quota for the annual bluefin tuna quota whole weight (ww), and both dressed
2017 with available underharvest of the adjustment process. NMFS is required weight (dw) and ww is shown for
sradovich on DSKBBY8HB2PROD with RULES
2016 adjusted U.S. northern albacore under ATCA and the Magnuson-Stevens swordfish.
quota. NMFS also adjusts the North and Act to provide U.S. fishing vessels with
South Atlantic swordfish baseline a reasonable opportunity to harvest the Northern Albacore Annual Quota and
quotas for 2017 based on available ICCAT-recommended quotas. Adjustment Process
underharvest from the 2016 adjusted The northern albacore quota Since 1998, ICCAT has adopted
U.S. quotas and international quota implementation and quota adjustment recommendations regarding the
transfers. NMFS also augments the 2017 processes, along with the bluefin tuna northern albacore fishery. The current
VerDate Sep<11>2014 16:23 Sep 15, 2017 Jkt 241001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1](https://thefederalregister.org/doc/82_FR_43679/page/1.svg)
![Federal Register / Vol. 82, No. 179 / Monday, September 18, 2017 / Rules and Regulations 43503
tuna annual catch and measures the for purposes of the Paperwork transferred to catcher vessels less than
annual catch data against the applicable Reduction Act. 60 feet LOA using hook-and-line or pot
available quotas. Delaying the effective Because prior notice and opportunity gear from vessels using jig gear. These
date of these quota adjustments would for public comment are not required for corrections will not affect the fishing
complicate the management of the this rule by 5 U.S.C. 553, or any other operations. These corrections are
northern albacore, North and South law, the analytical requirements of the necessary to provide the correct
Atlantic swordfish, and bluefin tuna Regulatory Flexibility Act, 5 U.S.C. 601 information about the amount of the
fisheries, all of which rely on et seq., are inapplicable. Pacific cod transferred from vessels
management flexibility to respond Authority: 16 U.S.C. 971 et seq. and 1801 using jig gear and eliminate potential
quickly to fishery conditions to ensure et seq. avoid confusion by fishery participants.
that fishermen have a reasonable
opportunity to catch the available
Dated: September 13, 2017. Correction
quotas. For example, under the northern Samuel D. Rauch, III,
In the Federal Register of September
albacore fishery closure regulations, Deputy Assistant Administrator for
Regulatory Programs, National Marine
5, 2017, (82 FR 41899) in FR Doc. 2017–
NMFS must close the fishery when the 18733, on page 41900, column 1,
Fisheries Service.
annual fishery quota is reached. Closure paragraph 2, sentences 1 and 2 are
[FR Doc. 2017–19777 Filed 9–15–17; 8:45 am]
of the fishery based only on the baseline corrected to read as follows:
(codified) quota versus the adjusted BILLING CODE 3510–22–P
‘‘The Administrator, Alaska Region,
northern albacore quota could preclude
NMFS, (Regional Administrator) has
the fishery from harvesting northern
DEPARTMENT OF COMMERCE determined that jig vessels will not be
albacore that are legally available
able to harvest 1,186 mt of the
consistent with the ICCAT National Oceanic and Atmospheric remaining 2017 Pacific cod TAC
recommendations and the 2006 Administration allocated to those vessels under
Consolidated HMS FMP, as amended.
§ 679.20(a)(7)(ii)(A)(1). Therefore, in
Adjusting the North and South Atlantic 50 CFR Part 679 accordance with § 679.20(a)(7)(iii)(A),
swordfish quota allows the United
[Docket No. 161020985–7181–02] NMFS apportions 1,186 mt of Pacific
States to comply with the ICCAT
cod to the annual amount specified for
allowance to carry over quota RIN 0648–XF654 catcher vessels less than 60 feet LOA
underharvest and the obligation of
using hook-and-line or pot gear.’’
international quota transfers. Adjusting Fisheries of the Exclusive Economic
the bluefin tuna Reserve category as Zone Off Alaska; Reallocation of Classification
soon as possible provides NMFS the Pacific Cod in the Bering Sea and
flexibility to transfer quota from the Aleutian Islands Management Area; The Assistant Administrator for
Reserve to other fishing categories Correction Fisheries, NOAA (AA), finds good cause
inseason after considering the regulatory to waive the requirement to provide
determination criteria, including fishery AGENCY: National Marine Fisheries prior notice and opportunity for public
conditions at the time of the transfer. Service (NMFS), National Oceanic and comment pursuant to the authority set
The amount of quota currently in the Atmospheric Administration (NOAA), forth at 5 U.S.C. 553(b)(B) as such
Reserve category is relatively low, and Commerce. requirement is impracticable and
NMFS may need to transfer quota soon ACTION: Temporary rule; reallocations; contrary to the public interest. This
in order to reduce the likelihood of correction. actions corrects an error that attributed
fishery closure during the September or the total amount of Pacific cod being
SUMMARY: NMFS is correcting a transferred to catcher vessels less than
subsequent subquota time periods. temporary rule that reallocated Pacific
NMFS could not appropriately adjust 60 feet LOA using hook-and-line or pot
cod from vessels using jig gear and gear from multiple sectors (1,612 mt),
the annual quotas for 2017 sooner catcher vessels greater than or equal to
because the data needed to make the rather than the amount of Pacific cod
60 feet (18.3 meters) length overall being reallocated from vessels using jig
determination did not become available (LOA) using hook-and-line gear to
until August, and additional time was gear (1,186 mt). This correction does not
catcher vessels less than 60 feet (18.3 change operating practices in the
needed for agency analysis and meters) LOA using hook-and-line or pot
consideration of the data. fisheries. Corrections should be made as
gear in the Bering Sea and Aleutian soon as possible to avoid confusion for
Additionally, to prevent confusion
Islands management area. The amount participants in the fisheries.
and potential overharvests, these
reallocated from vessels using jig gear The AA also finds good cause to
adjustments should be in place as soon
was incorrect. waive the 30-day delay in the effective
as possible in order to allow the
impacted sectors to benefit from any DATES: Effective September 18, 2017 date of this action under 5 U.S.C.
subsequent quota adjustments to the through 2400 hours, Alaska local time 553(d)(3). This finding is based upon
fishing categories, give them a (A.l.t) December 31, 2017, and is the reasons provided above for waiver of
reasonable opportunity to catch applicable beginning August 30, 2017. prior notice and opportunity for public
available quota, and provide them the FOR FURTHER INFORMATION CONTACT: comment.
opportunity for planning operations Obren Davis, 907–586–7228. Authority: 16 U.S.C. 1801 et seq.
accordingly. SUPPLEMENTARY INFORMATION:
This action is being taken under Dated: September 12, 2017.
sradovich on DSKBBY8HB2PROD with RULES
§ 635.27(e) and § 635.27(a)(10), and is Need for Correction Emily H. Menashes,
exempt from review under Executive NMFS published the reallocation of Acting Director, Office of Sustainable
Order 12866. Pacific cod on September 5, 2017 (82 FR Fisheries, National Marine Fisheries Service.
This action does not contain a 41899). The document contains [FR Doc. 2017–19628 Filed 9–15–17; 8:45 am]
collection-of-information requirement incorrect amounts of Pacific cod to be BILLING CODE 3510–22–P
VerDate Sep<11>2014 16:23 Sep 15, 2017 Jkt 241001 PO 00000 Frm 00047 Fmt 4700 Sfmt 9990 E:\FR\FM\18SER1.SGM 18SER1](https://thefederalregister.org/doc/82_FR_43679/page/4.svg)
Document Created: 2017-09-16 00:52:24
Document Modified: 2017-09-16 00:52:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary final rule. | |
| Dates | Effective September 18, 2017, through December 31, 2017. | |
| Contact | Sarah McLaughlin, 978-281-9260, Steve Durkee, 202-670-6637, or Gray Redding, 301-427-8503. | |
| FR Citation | 82 FR 43500 | |
| RIN Number | 0648-XF48 |
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