82_FR_59000 82 FR 58761 - Atlantic Highly Migratory Species; North Atlantic Swordfish Fishery

82 FR 58761 - Atlantic Highly Migratory Species; North Atlantic Swordfish Fishery

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 239 (December 14, 2017)

Page Range58761-58763
FR Document2017-26901

NMFS is adjusting the Swordfish (SWO) General Commercial permit retention limits for the Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean regions for January through June of the 2018 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 239 (Thursday, December 14, 2017)
[Federal Register Volume 82, Number 239 (Thursday, December 14, 2017)]
[Rules and Regulations]
[Pages 58761-58763]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-26901]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 120627194-3657-02]
RIN 0648-XF817


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.

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SUMMARY: NMFS is adjusting the Swordfish (SWO) General Commercial 
permit retention limits for the Northwest Atlantic, Gulf of Mexico, and 
U.S. Caribbean regions for January through June of the 2018 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.

DATES: The adjusted SWO General Commercial permit retention limits in 
the Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean regions are 
effective from January 1, 2018, through June 30, 2018.

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.
    In 2017, ICCAT recommended that the overall North Atlantic 
swordfish total allowable catch (TAC) be set at 9,925 metric tons (mt) 
dressed weight (dw) (13,200 mt whole weight (ww)) through 2021. 
Consistent with scientific advice, this was a reduction of 500 mt ww 
(375.9 mt dw) from previous ICCAT-recommended TACs. However, of this 
TAC, the United States' baseline quota remained at 2,937.6 mt dw (3,907 
mt ww) per year. The Recommendation also continued to limit 
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. Absent adjustments, the codified 
baseline quota is 2,937.6 mt dw for 2018. At this time, given the 
extent of underharvest in 2017, we anticipate carrying over the maximum 
allowable 15 percent (440.6 mt dw), which would result in a final 
adjusted North Atlantic swordfish quota for the 2018 fishing year equal 
to 3,378.2 mt dw (2,937.6 + 440.6 = 3,378.2 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 3,028.2 mt dw 
for the directed fishery, which would be split equally (1,514.1 mt dw) 
between the two semi-annual periods in 2018 (January through June, and 
July through December).

Adjustment of SWO General Commercial Permit Vessel Retention Limits

    The 2018 North Atlantic swordfish fishing year, which is managed on 
a calendar-year basis and divided into two equal semi-annual quotas, 
begins on January 1, 2018. 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

[[Page 58762]]

trends, and the availability of swordfish on the fishing grounds.
    NMFS has considered these criteria as discussed below and their 
applicability to the SWO General Commercial permit retention limit in 
all regions for January through June of the 2018 North Atlantic 
swordfish fishing year and has determined that the SWO General 
Commercial permit 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 
otherwise automatically become effective on January 1, 2018, to six 
swordfish per vessel per trip from January 1 through June 30, 2018, 
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 both semi-annual 
quota periods in 2017, preliminary total directed swordfish landings 
through October 31, 2017, are approximately 744.2 mt dw, or 24.7 
percent of the 3,009.4 mt dw annual adjusted directed swordfish quota 
established for 2017.
    The total available 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 2018. This information indicates 
that sufficient directed swordfish quota should be available from 
January 1 through June 30, 2018, 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 NMFS 
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 are not expected to vary significantly in 2018. 
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 2018, 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 2017 report by ICCAT's 
Standing Committee on Research and Statistics indicated that the North 
Atlantic swordfish stock is not overfished (B2015/
Bmsy = 1.04), and overfishing is not occurring 
(F2015/Fmsy = 0.78). 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 January 1, 2018, 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 Consolidated 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-

[[Page 58763]]

Stevens Act, and are not expected to negatively impact stock health.

Monitoring and Reporting

    NMFS will continue to monitor the swordfish fishery closely during 
2018 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/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 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 notification 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'' website 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 January 1, 2018, the start 
of the first 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 January 1, 2018, 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 Gulf of 
Mexico and U.S. Caribbean regions 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: December 8, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-26901 Filed 12-13-17; 8:45 am]
BILLING CODE 3510-22-P



                                                               Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Rules and Regulations                                       58761

                                              Federal Communications Commission.                       Conservation and Management Act                       (January through June, and July through
                                              Marlene H. Dortch,                                       (Magnuson-Stevens Act; 16 U.S.C. 1801                 December).
                                              Secretary.                                               et seq.) governing the harvest of North               Adjustment of SWO General
                                              [FR Doc. 2017–26943 Filed 12–13–17; 8:45 am]             Atlantic swordfish by persons and                     Commercial Permit Vessel Retention
                                              BILLING CODE 6712–01–P                                   vessels subject to U.S. jurisdiction are              Limits
                                                                                                       found at 50 CFR part 635. Section
                                                                                                       635.27 subdivides the U.S. North                         The 2018 North Atlantic swordfish
                                              DEPARTMENT OF COMMERCE                                   Atlantic swordfish quota recommended                  fishing year, which is managed on a
                                                                                                       by the International Commission for the               calendar-year basis and divided into
                                              National Oceanic and Atmospheric                         Conservation of Atlantic Tunas (ICCAT)                two equal semi-annual quotas, begins on
                                              Administration                                           and implemented by the United States                  January 1, 2018. Landings attributable to
                                                                                                       into two equal semi-annual directed                   the SWO General Commercial permit
                                              50 CFR Part 635                                          fishery quotas—an annual incidental                   are counted against the applicable semi-
                                                                                                       catch quota for fishermen targeting other             annual directed fishery quota. Regional
                                              [Docket No. 120627194–3657–02]                                                                                 default retention limits for this permit
                                                                                                       species or catching swordfish
                                              RIN 0648–XF817                                           recreationally, and a reserve category,               have been established and are
                                                                                                       according to the allocations established              automatically effective from January 1
                                              Atlantic Highly Migratory Species;                       in the 2006 Consolidated Highly                       through December 31 each year, unless
                                              North Atlantic Swordfish Fishery                         Migratory Species Fishery Management                  changed based on the inseason regional
                                                                                                       Plan (2006 Consolidated HMS FMP) (71                  retention limit adjustment criteria at
                                              AGENCY:  National Marine Fisheries                                                                             § 635.24(b)(4)(iv). The default retention
                                              Service (NMFS), National Oceanic and                     FR 58058, October 2, 2006), as
                                                                                                       amended, and in accordance with                       limits established for the SWO General
                                              Atmospheric Administration (NOAA),                                                                             Commercial permit are: (1) Northwest
                                              Commerce.                                                implementing regulations. NMFS is
                                                                                                       required under ATCA and the                           Atlantic region—three swordfish per
                                              ACTION: Temporary rule; Swordfish                                                                              vessel per trip; (2) Gulf of Mexico
                                              General Commercial permit retention                      Magnuson-Stevens Act to provide U.S.
                                                                                                       fishing vessels with a reasonable                     region—three swordfish per vessel per
                                              limit inseason adjustment for the                                                                              trip; (3) U.S. Caribbean region—two
                                              Northwest Atlantic, Gulf of Mexico, and                  opportunity to harvest the ICCAT-
                                                                                                                                                             swordfish per vessel per trip; and, (4)
                                              U.S. Caribbean regions.                                  recommended quota.
                                                                                                                                                             Florida SWO Management Area—zero
                                                                                                          In 2017, ICCAT recommended that                    swordfish per vessel per trip. The
                                              SUMMARY:   NMFS is adjusting the                         the overall North Atlantic swordfish                  default retention limits apply to SWO
                                              Swordfish (SWO) General Commercial                       total allowable catch (TAC) be set at                 General Commercial permitted vessels
                                              permit retention limits for the                          9,925 metric tons (mt) dressed weight                 and to HMS Charter/Headboat permitted
                                              Northwest Atlantic, Gulf of Mexico, and                  (dw) (13,200 mt whole weight (ww))                    vessels when fishing on non for-hire
                                              U.S. Caribbean regions for January                       through 2021. Consistent with scientific              trips. As a condition of these permits,
                                              through June of the 2018 fishing year,                   advice, this was a reduction of 500 mt                vessels may not possess, retain, or land
                                              unless otherwise later noticed. The                      ww (375.9 mt dw) from previous                        any more swordfish than is specified for
                                              SWO General Commercial permit                            ICCAT-recommended TACs. However,                      the region in which the vessel is
                                              retention limit in each of these regions                 of this TAC, the United States’ baseline              located.
                                              is increased from the regulatory default                 quota remained at 2,937.6 mt dw (3,907
                                              limits (either two or three fish) to six                                                                          Under § 635.24(b)(4)(iii), NMFS may
                                                                                                       mt ww) per year. The Recommendation                   increase or decrease the SWO General
                                              swordfish per vessel per trip. The SWO                   also continued to limit underharvest
                                              General Commercial permit retention                                                                            Commercial permit vessel retention
                                                                                                       carryover to 15 percent of a contracting              limit in any region within a range from
                                              limit in the Florida SWO Management                      party’s baseline quota. Thus, the United
                                              Area will remain unchanged at the                                                                              zero to a maximum of six swordfish per
                                                                                                       States could carry over a maximum of                  vessel per trip. Any adjustments to the
                                              default limit of zero swordfish per                      440.6 mt dw (586.0 mt ww) of
                                              vessel per trip. These adjustments apply                                                                       retention limits must be based upon a
                                                                                                       underharvest. Absent adjustments, the                 consideration of the relevant criteria
                                              to SWO General Commercial permitted                      codified baseline quota is 2,937.6 mt dw
                                              vessels and Highly Migratory Species                                                                           provided in § 635.24(b)(4)(iv), which
                                                                                                       for 2018. At this time, given the extent              include: The usefulness of information
                                              (HMS) Charter/Headboat permitted                         of underharvest in 2017, we anticipate
                                              vessels when on a non-for-hire trip. This                                                                      obtained from biological sampling and
                                                                                                       carrying over the maximum allowable                   monitoring of the North Atlantic
                                              action is based upon consideration of                    15 percent (440.6 mt dw), which would
                                              the applicable inseason regional                                                                               swordfish stock; the estimated ability of
                                                                                                       result in a final adjusted North Atlantic             vessels participating in the fishery to
                                              retention limit adjustment criteria.                     swordfish quota for the 2018 fishing                  land the amount of swordfish quota
                                              DATES: The adjusted SWO General                          year equal to 3,378.2 mt dw (2,937.6 +                available before the end of the fishing
                                              Commercial permit retention limits in                    440.6 = 3,378.2 mt dw). Also as in past               year; the estimated amounts by which
                                              the Northwest Atlantic, Gulf of Mexico,                  years, we anticipate allocating from the              quotas for other categories of the fishery
                                              and U.S. Caribbean regions are effective                 adjusted quota, 50 mt dw to the Reserve               might be exceeded; effects of the
                                              from January 1, 2018, through June 30,                   category for inseason adjustments and                 adjustment on accomplishing the
                                              2018.                                                    research, and 300 mt dw to the                        objectives of the fishery management
                                              FOR FURTHER INFORMATION CONTACT:                         Incidental category, which includes                   plan and its amendments; variations in
sradovich on DSK3GMQ082PROD with RULES




                                              Rick Pearson or Randy Blankinship,                       recreational landings and landings by                 seasonal distribution, abundance, or
                                              727–824–5399.                                            incidental swordfish permit holders, per              migration patterns of swordfish; effects
                                              SUPPLEMENTARY INFORMATION:                               § 635.27(c)(1)(i). This would result in an            of catch rates in one region precluding
                                              Regulations implemented under the                        allocation of 3,028.2 mt dw for the                   vessels in another region from having a
                                              authority of the Atlantic Tunas                          directed fishery, which would be split                reasonable opportunity to harvest a
                                              Convention Act (ATCA; 16 U.S.C. 971 et                   equally (1,514.1 mt dw) between the                   portion of the overall swordfish quota;
                                              seq.) and the Magnuson-Stevens Fishery                   two semi-annual periods in 2018                       and, review of dealer reports, landing


                                         VerDate Sep<11>2014    15:57 Dec 13, 2017   Jkt 244001   PO 00000   Frm 00055   Fmt 4700   Sfmt 4700   E:\FR\FM\14DER1.SGM   14DER1


                                              58762            Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Rules and Regulations

                                              trends, and the availability of swordfish                Caribbean regions for the entire 2016                 on Research and Statistics indicated that
                                              on the fishing grounds.                                  fishing season as a result of actions                 the North Atlantic swordfish stock is
                                                 NMFS has considered these criteria as                 adjusting those limits upwards in                     not overfished (B2015/Bmsy = 1.04), and
                                              discussed below and their applicability                  January and July (80 FR 81770 and 81                  overfishing is not occurring (F2015/Fmsy =
                                              to the SWO General Commercial permit                     FR 38966). Even with these higher                     0.78). Increasing the retention limits for
                                              retention limit in all regions for January               retention limits, 2016 total annual                   this U.S. handgear fishery is not
                                              through June of the 2018 North Atlantic                  directed swordfish landings through                   expected to affect the swordfish stock
                                              swordfish fishing year and has                           December 31, 2016, were approximately                 status determination because any
                                              determined that the SWO General                          1,079.0 mt dw, or 32.6 percent of the                 additional landings would be within the
                                              Commercial permit retention limits in                    3,009.4 mt dw annual adjusted directed                established overall U.S. North Atlantic
                                              the Northwest Atlantic, Gulf of Mexico,                  swordfish quota. Similarly, with higher               swordfish quota allocation
                                              and U.S. Caribbean regions applicable to                 retention limits during both semi-                    recommended by ICCAT. Increasing
                                              persons issued a SWO General                             annual quota periods in 2017,                         opportunity beginning on January 1,
                                              Commercial permit or HMS Charter/                        preliminary total directed swordfish                  2018, is also important because of the
                                              Headboat permit (when on a non for-                      landings through October 31, 2017, are                migratory nature and seasonal
                                              hire trip) should be increased from the                  approximately 744.2 mt dw, or 24.7                    distribution of swordfish. In a particular
                                              default levels that would otherwise                      percent of the 3,009.4 mt dw annual                   geographic region, or waters accessible
                                              automatically become effective on                        adjusted directed swordfish quota                     from a particular port, the amount of
                                              January 1, 2018, to six swordfish per                    established for 2017.                                 fishing opportunity for swordfish may
                                              vessel per trip from January 1 through                      The total available directed swordfish             be constrained by the short amount of
                                              June 30, 2018, unless otherwise later                    quota has not been harvested for several              time the swordfish are present as they
                                              noticed.                                                 years and, based upon current landing                 migrate.
                                                 Among the regulatory criteria for                     trends, is not likely to be harvested or                 NMFS also has determined that the
                                              inseason adjustments to retention limits,                exceeded during 2018. This information                retention limit for the SWO General
                                              and given the rebuilt status of the stock                indicates that sufficient directed                    Commercial permit will remain at zero
                                              and availability of quota, is the                        swordfish quota should be available                   swordfish per vessel per trip in the
                                              requirement that NMFS consider the                       from January 1 through June 30, 2018,                 Florida SWO Management Area at this
                                              ‘‘effects of the adjustment on                           at the higher retention levels, within the            time. As discussed above, NMFS
                                              accomplishing the objectives of the                      limits of the scientifically-supported                considered consistency with the 2006
                                              fishery management plan and its                          TAC and consistent with the goals of the
                                                                                                                                                             Consolidated HMS FMP and its
                                              amendments.’’ One consideration in                       FMP.
                                                                                                                                                             amendments, and the importance for
                                              deciding whether to increase the                            The regulatory criteria for inseason
                                              retention limit, in this case, is the                    adjustments also require NMFS to                      NMFS to continue to provide protection
                                              objective of providing opportunities to                  consider the estimated amounts by                     to important swordfish juvenile areas
                                              harvest the full North Atlantic directed                 which quotas for other categories of the              and migratory corridors. As described in
                                              swordfish quota without exceeding it                     fishery might be exceeded. Based upon                 Amendment 8 to the 2006 Consolidated
                                              based upon the 2006 Consolidated HMS                     recent landings rates from dealer                     HMS FMP (78 FR 52012), the area off
                                              FMP goal to, consistent with other                       reports, an increase in the vessel                    the southeastern coast of Florida,
                                              objectives of this FMP, ‘‘manage                         retention limit for SWO General                       particularly the Florida Straits, contains
                                              Atlantic HMS fisheries for continuing                    Commercial permit holders is not likely               oceanographic features that make the
                                              optimum yield so as to provide the                       to cause quotas for other categories of               area biologically unique. It provides
                                              greatest overall benefit to the Nation,                  the fishery to be exceeded as the                     important juvenile swordfish habitat,
                                              particularly with respect to food                        directed category quota has been                      and is essentially a narrow migratory
                                              production, providing recreational                       significantly underharvested in recent                corridor containing high concentrations
                                              opportunities, preserving traditional                    years and landings trends are not                     of swordfish located in close proximity
                                              fisheries, and taking into account the                   expected to vary significantly in 2018.               to high concentrations of people who
                                              protection of marine ecosystems.’’                       Similarly, regarding the criteria that                may fish for them. Public comment on
                                              Another consideration, consistent with                   NMFS consider the effects of catch rates              Amendment 8, including from the
                                              the FMP and its amendments, is to                        in one region precluding vessels in                   Florida Fish and Wildlife Conservation
                                              continue to provide protection to                        another region from having a reasonable               Commission, indicated concern about
                                              important swordfish juvenile areas and                   opportunity to harvest a portion of the               the resultant high potential for the
                                              migratory corridors.                                     overall swordfish quota, NMFS expects                 improper rapid growth of a commercial
                                                 The regulatory criteria also require                  there to be sufficient swordfish quota for            fishery, increased catches of undersized
                                              NMFS to consider the estimated ability                   2018, and thus increased catch rates in               swordfish, the potential for larger
                                              of vessels participating in the fishery to               these three regions as a result of this               numbers of fishermen in the area, and
                                              land the amount of swordfish quota                       action would not be expected to                       the potential for crowding of fishermen,
                                              available before the end of the fishing                  preclude vessels in the other region                  which could lead to gear and user
                                              year. In considering these criteria and                  (e.g., the buoy gear fishery in the Florida           conflicts. These concerns remain valid.
                                              their application here, NMFS examined                    SWO Management Area) from having a                    NMFS will continue to collect
                                              electronic dealer reports, which provide                 reasonable opportunity to harvest a                   information to evaluate the
                                              accurate and timely monitoring of                        portion of the overall swordfish quota.               appropriateness of the retention limit in
                                              landings, and considered recent landing                     Finally, in making adjustments to the              the Florida SWO Management Area and
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                                              trends and information obtained from                     retention limits NMFS must consider                   other regional retention limits. This
                                              biological sampling and monitoring of                    variations in seasonal distribution,                  action therefore maintains a zero-fish
                                              the North Atlantic swordfish stock. A                    abundance, or migration patterns of                   retention limit in the Florida Swordfish
                                              six swordfish per vessel per trip limit                  swordfish, and the availability of                    Management Area.
                                              for SWO General Commercial permit                        swordfish on the fishing grounds. With                   These adjustments are consistent with
                                              holders was in effect in the Northwest                   regard to swordfish abundance, the 2017               the 2006 Consolidated HMS FMP as
                                              Atlantic, Gulf of Mexico, and U.S.                       report by ICCAT’s Standing Committee                  amended, ATCA, and the Magnuson-


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                                                               Federal Register / Vol. 82, No. 239 / Thursday, December 14, 2017 / Rules and Regulations                                            58763

                                              Stevens Act, and are not expected to                     on available swordfish quota, stock                   region. Further, any delay beyond
                                              negatively impact stock health.                          abundance, fishery performance in                     January 1, 2018, the start of the first
                                                                                                       recent years, and the availability of                 semi-annual directed fishing period,
                                              Monitoring and Reporting
                                                                                                       swordfish on the fishing grounds,                     could result in even lower swordfish
                                                 NMFS will continue to monitor the                     among other considerations, adjustment                landings because of the lower default
                                              swordfish fishery closely during 2018                    to the SWO General Commercial permit                  retention limits. Limited opportunities
                                              through mandatory landings and catch                     retention limits from the default levels              to harvest the directed swordfish quota
                                              reports. Dealers are required to submit                  of two or three fish to six SWO per                   may have negative social and economic
                                              landing reports and negative reports (if                 vessel per trip as discussed above is                 impacts for U.S. fishermen. Adjustment
                                              no swordfish were purchased) on a                        warranted, while maintaining a zero-                  of the retention limits needs to be
                                              weekly basis.                                            fish retention limit in the Florida SWO               effective on January 1, 2018, to allow
                                                 Depending upon the level of fishing                   Management Area. Analysis of available                SWO General Commercial permit
                                              effort and catch rates of swordfish,                     data shows that adjustment to the                     holders and HMS Charter/Headboat
                                              NMFS may determine that additional                       swordfish retention limit from the                    permit holders to benefit from the
                                              retention limit adjustments or closures                  default levels would result in minimal                adjustment during the relevant time
                                              are necessary to ensure that available                   risk of exceeding the ICCAT-allocated                 period, which could pass by for some
                                              quota is not exceeded or to enhance                      quota. NMFS provides notification of                  fishermen, particularly in the Gulf of
                                              fishing opportunities. Subsequent                        retention limit adjustments by                        Mexico and U.S. Caribbean regions who
                                              actions, if any, will be published in the                publishing the notification in the                    have access to the fishery during a short
                                              Federal Register. In addition, fishermen                 Federal Register, emailing individuals                time period because of seasonal fish
                                              may access http://www.nmfs.noaa.gov/                     who have subscribed to the Atlantic                   migration, if the action is delayed for
                                              sfa/hms/species/swordfish/landings/                      HMS News electronic newsletter, and                   notice and public comment. Therefore,
                                              index.html for updates on quota                          updating the information posted on the                the AA finds good cause under 5 U.S.C.
                                              monitoring.                                              ‘‘Atlantic HMS Breaking News’’ website                553(b)(B) to waive prior notice and the
                                                                                                       at http://www.nmfs.noaa.gov/sfa/hms/                  opportunity for public comment. For all
                                              Classification                                           news/breaking_news.html. Delays in                    of the above reasons, there is also good
                                                The Assistant Administrator for                        temporarily increasing these retention                cause under 5 U.S.C. 553(d) to waive the
                                              NMFS (AA) finds that it is impracticable                 limits caused by the time required to                 30-day delay in effectiveness.
                                              and contrary to the public interest to                   publish a proposed rule and accept                       This action is being taken under 50
                                              provide prior notice of, and an                          public comment would adversely and                    CFR 635.24(b)(4) and is exempt from
                                              opportunity for public comment on, this                  unnecessarily affect those SWO General                review under Executive Order 12866.
                                              action for the following reasons:                        Commercial permit holders and HMS
                                                                                                                                                                Authority: 16 U.S.C. 971 et seq. and 1801
                                                The regulations implementing the                       Charter/Headboat permit holders that                  et seq.
                                              2006 Consolidated HMS FMP, as                            would otherwise have an opportunity to
                                              amended, provide for inseason retention                  harvest more than the otherwise                         Dated: December 8, 2017.
                                              limit adjustments to respond to changes                  applicable lower default retention limits             Emily H. Menashes,
                                              in swordfish landings, the availability of               of three swordfish per vessel per trip in             Acting Director, Office of Sustainable
                                              swordfish on the fishing grounds, the                    the Northwest Atlantic and Gulf of                    Fisheries, National Marine Fisheries Service.
                                              migratory nature of this species, and                    Mexico regions, and two swordfish per                 [FR Doc. 2017–26901 Filed 12–13–17; 8:45 am]
                                              regional variations in the fishery. Based                vessel per trip in the U.S. Caribbean                 BILLING CODE 3510–22–P
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Document Created: 2018-10-25 10:51:08
Document Modified: 2018-10-25 10:51:08
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 January 1, 2018, through June 30, 2018.
ContactRick Pearson or Randy Blankinship, 727-824-5399.
FR Citation82 FR 58761 
RIN Number0648-XF81

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