83 FR 37446 - Atlantic Highly Migratory Species; Adjustments to 2018 North and South Atlantic Swordfish Quotas
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 148 (August 1, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 148 (August 1, 2018)
| Page Range | 37446-37448 | |
| FR Document | 2018-16388 |
[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)] [Rules and Regulations] [Pages 37446-37448] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-16388] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 180517485-8649-01] RIN 0648--XG262 Atlantic Highly Migratory Species; Adjustments to 2018 North and South Atlantic Swordfish Quotas AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: NMFS adjusts the North and South Atlantic swordfish baseline quotas for 2018 based on available underharvest from the 2017 adjusted U.S. quotas. 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 August 31, 2018, through December 31, 2018. ADDRESSES: Supporting documents, such as the 2012 and 2007 Environmental Assessments (EA) and the 2006 Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management Plan and its amendments described below, may be downloaded from the HMS website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species. These documents also are available upon request from Chant[eacute] Davis or Steve Durkee at the telephone numbers below. FOR FURTHER INFORMATION CONTACT: Chant[eacute] Davis, (301) 427-8503, or, Steve Durkee, (202) 670-6637. SUPPLEMENTARY INFORMATION: Regulations implemented under the authority of ATCA, 16 U.S.C. 971 et seq., and the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq., governing the harvest of swordfish by persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section [[Page 37447]] 635.27(c) describes the quota adjustment process for both North and South Atlantic swordfish. 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 North Atlantic swordfish quota adjustment process was previously analyzed in the EA, Final Regulatory Impact Review (RIR), and Final Regulatory Flexibility Analysis (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 inviting and considering public comment on the issue, NMFS in the final rule determined it would 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. As a result, in 2017, NMFS issued a temporary final rule to adjust the quota for the 2017 North and South Atlantic Swordfish fishery (September 18, 2017, 82 FR 43500). Consistent with the determination made in the 2016 final rule, NMFS is issuing this temporary final rule to adjust the North and South Atlantic swordfish quotas for 2018. North and South Atlantic Swordfish Annual Quota and Adjustment Process North Atlantic Swordfish At the 2017 ICCAT annual meeting, ICCAT finalized Recommendation 17-02, which slightly reduced the overall North Atlantic swordfish TAC from 10,300.8 metric tons (mt) dressed weight (dw) to 9,924.8 mt dw (376 .0 mt dw reduction) through 2018 in response to a recommendation by ICCAT's Standing Committee for Research and Statistics (SCRS) given updated stock status information While the overall TAC was reduced, the U.S. baseline quota was maintained at 2,937.6 mt dw (3,907 mt whole weight (ww)) per year, as was the allowable underharvest carryover of 15 percent of a Contracting Party's baseline quota. This means that the United States may carry over a maximum of 440.6 mt dw (586.0 mt ww) of underharvest from 2017 to 2018. Additionally, under Recommendation 17- 02, the United States is no longer required to transfer 18.8 mt dw to Mauritania, as it has under previous recommendations since 2013 (ICCAT Recommendation 13-02). Per Recommendation 17-02, the 2018 U.S. North Atlantic swordfish baseline quota is 2,937.6 mt dw (3,907 mt ww). The 2017 North Atlantic swordfish landings and dead discards were 1,011.9 mt dw, leaving an underharvest of 1,925.7 mt dw. This underharvest exceeds the 440.6 mt dw underharvest carryover limit allowed under Recommendation 17-02; thus, NMFS is carrying forward 440.6 mt dw, which is the maximum allowed. Because Recommendation 17-02 removed the transfer to Mauritania, NMFS is not transferring any quota to any country. Therefore, the resulting final adjusted North Atlantic swordfish quota for the 2018 fishing year is 3,378.2 mt dw (2,937.6 baseline quota + 440.6 overharvest carryover-0 transfer to another country = 3,378.2 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). The remainder, 3,028.2 mt dw, would be allocated to the directed category (3,378.2 adjusted quota -50 to reserve -300 to the incidental category = 3,028.2 mt dw), which would be split equally between two seasons in 2018 (January through June and July through December) (Table 1). South Atlantic Swordfish In 2017, ICCAT also finalized Recommendation 17-03, which maintained the overall South Atlantic swordfish TAC at 10,526.3 mt dw (14,000 mt ww) through 2018, and maintained the U.S. allocation at 75.2 mt dw (100 mt ww). Recommendation 17-03 continues to limit the amount of South Atlantic swordfish underharvest that can be carried forward from one year to the next; the United States may carry forward up to 100 percent of its baseline quota (75.2 mt dw). Recommendation 17-03 also continues to require the United States to transfer a total of 75.2 mt dw (100 mt ww) to other countries. These transfers are 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 2017. The adjusted 2017 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 2018. 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 2018 fishing year (Table 1). Table 1--2017 and 2018 North and South Atlantic Swordfish Quotas ------------------------------------------------------------------------ 2017 2018 ------------------------------------------------------------------------ North Atlantic Swordfish Quota (mt dw): Baseline Quota.............. 2,937.6............ 2,937.6 International Quota Transfer (-) 18.8 (to 0 Mauritania). Total Underharvest from 2,215.0............ 1,925.7 Previous Year. Underharvest Carryover from (+) 440.6.......... (+) 440.6 Previous Year\+\. Adjusted Quota.............. 3,359.4............ 3,378.2 Quota Allocation: Directed Category....... 3,009.4............ 3,028.2 Incidental Category..... 300................ 300 Reserve Category........ 50................. 50 South Atlantic Swordfish Quota (mt dw): Baseline Quota.............. 75.2............... 75.2 International Quota (-) 75.2........... (-) 75.2 Transfers*. Total Underharvest from 75.1............... 75.1 Previous Year. Underharvest Carryover from 75.1............... 75.1 Previous Year\+\. [[Page 37448]] 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 17-03, the United States transfers 75.2 mt dw (100 mt ww) annually to Namibia (37.6 mt dw, 50 mt ww), C[ocirc]te d'Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25 mt ww). 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. 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; as a result, in 2017, NMFS issued a temporary final rule to adjust the swordfish quota. This action to adjust the 2018 North and South Atlantic Swordfish quotas applies the formula that the public received notice of in the 2016 North and South Atlantic Swordfish Quota Adjustment Rule, using the best available data regarding 2017 catch and underharvest, and calculating allowable underharvest consistent with ICCAT recommendations. The rulemaking for 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. Because there are no new quotas for 2018 and the quota formula is the same as in previous years, NMFS is issuing this temporary final rule to adjust the North and South Atlantic swordfish quotas for 2018. This action is being taken under Sec. 635.27(c) 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: July 26, 2018. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018-16388 Filed 7-31-18; 8:45 am] BILLING CODE 3510-22-P
![37446 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
responsibilities among the various Dated: July 23, 2018. § 355.61 [Amended]
levels of government. Because this final Andrew R. Wheeler, ■ 6. Section 355.61 is amended by
rule is not subject to review under Acting Administrator. removing the definitions for ‘‘Animal
Executive Order 12866, this final rule is For the reasons stated in the waste’’ and ‘‘Farm’’.
not subject to Executive Order 13211, preamble, EPA is amending 40 CFR [FR Doc. 2018–16379 Filed 7–31–18; 8:45 am]
entitled Actions Concerning Regulations parts 302 and 355 as follows: BILLING CODE 6560–50–P
That Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May PART 302—DESIGNATION,
22, 2001) or Executive Order 13045, REPORTABLE QUANTITIES, AND DEPARTMENT OF COMMERCE
entitled Protection of Children from NOTIFICATION
Environmental Health Risks and Safety National Oceanic and Atmospheric
■ 1. The authority citation for part 302
Risks (62 FR 19885, April 23, 1997). Administration
is revised to read as follows:
This final rule does not contain any
information collections subject to OMB Authority: 42 U.S.C. 9602, 9603, and 9604; 50 CFR Part 635
33 U.S.C. 1321 and 1361.
approval under the Paperwork [Docket No. 180517485–8649–01]
Reduction Act (PRA), 44 U.S.C. 3501 et ■ 2. Section 302.3 is amended by
seq., nor does it require any special revising the definitions for ‘‘Animal RIN 0648—XG262
considerations under Executive Order waste’’ and ‘‘Farm’’ to read as follows:
Atlantic Highly Migratory Species;
12898, entitled Federal Actions to § 302.3 Definitions. Adjustments to 2018 North and South
Address Environmental Justice in * * * * * Atlantic Swordfish Quotas
Minority Populations and Low-Income Animal waste means feces, urine, or
Populations (59 FR 7629, February 16, other excrement, digestive emission, AGENCY: National Marine Fisheries
1994). This action does not involve urea, or similar substances emitted by Service (NMFS), National Oceanic and
technical standards; thus, the animals (including any form of Atmospheric Administration (NOAA),
requirements of section 12(d) of the livestock, poultry, or fish). The term Commerce.
National Technology Transfer and ‘‘animal waste’’ includes animal waste ACTION: Temporary final rule.
Advancement Act of 1995 (15 U.S.C. that is mixed or commingled with
SUMMARY: NMFS adjusts the North and
272 note) do not apply. bedding, compost, feed, soil, or any
South Atlantic swordfish baseline
other material typically found with such
Congressional Review Act quotas for 2018 based on available
waste.
underharvest from the 2017 adjusted
This action is subject to the * * * * * U.S. quotas. This action is necessary to
Congressional Review Act (CRA), and Farm means a site or area (including implement binding recommendations of
the EPA will submit a rule report to associated structures) that— the International Commission for the
(1) Is used for—
each House of Congress and to the Conservation of Atlantic Tunas (ICCAT),
(i) The production of a crop; or
Comptroller General of the United (ii) The raising or selling of animals as required by the Atlantic Tunas
States. The CRA allows the issuing (including any form of livestock, Convention Act (ATCA), and to achieve
agency to make a rule effective sooner poultry, or fish); and domestic management objectives under
than otherwise provided by the CRA if (2) Under normal conditions, the Magnuson-Stevens Fishery
the agency makes a good cause finding produces during a farm year any Conservation and Management Act
that notice and comment rulemaking agricultural products with a total value (Magnuson-Stevens Act).
procedures are impracticable, equal to not less than $1,000. DATES: Effective August 31, 2018,
unnecessary or contrary to the public * * * * * through December 31, 2018.
interest (5 U.S.C. 808(2)). The EPA has ■ 3. Section 302.6 is amended by ADDRESSES: Supporting documents,
made a good cause finding for this rule revising paragraph (e)(3) to read as such as the 2012 and 2007
as discussed in Section I.B of the follows: Environmental Assessments (EA) and
preamble, including the basis for that the 2006 Consolidated Atlantic Highly
finding. This action is not a ‘‘major § 302.6 Notification requirements. Migratory Species (HMS) Fishery
rule’’ as defined by 5 U.S.C. 804(2). * * * * * Management Plan and its amendments
(e) * * * described below, may be downloaded
List of Subjects (3) Air emissions from animal waste from the HMS website at https://
40 CFR Part 302 (including decomposing animal waste) www.fisheries.noaa.gov/topic/atlantic-
at a farm. highly-migratory-species. These
Environmental protection, Air documents also are available upon
pollution control, Chemicals, Hazardous PART 355—EMERGENCY PLANNING request from Chanté Davis or Steve
substances, Hazardous waste, Reporting AND NOTIFICATION Durkee at the telephone numbers below.
and recordkeeping requirements, ■ 4. The authority citation for part 355 FOR FURTHER INFORMATION CONTACT:
Superfund, Water pollution control, continues to read as follows: Chanté Davis, (301) 427–8503, or, Steve
Water supply. Durkee, (202) 670–6637.
Authority: Sections 302, 303, 304, 325,
327, 328, and 329 of the Emergency Planning SUPPLEMENTARY INFORMATION:
40 CFR Part 355
sradovich on DSK3GMQ082PROD with RULES
and Community Right-to-Know Act of 1986 Regulations implemented under the
Environmental protection, Chemicals, (EPCRA) (42 U.S.C. 11002, 11003, 11004, authority of ATCA, 16 U.S.C. 971 et
Disaster assistance, Hazardous 11045, 11047, 11048, and 11049). seq., and the Magnuson-Stevens Act, 16
substances, Hazardous waste, Natural U.S.C. 1801 et seq., governing the
§ 355.31 [Amended] harvest of swordfish by persons and
resources, Penalties, Reporting and
recordkeeping requirements, Superfund. ■ 5. Section 355.31 is amended by vessels subject to U.S. jurisdiction are
removing paragraphs (g) and (h). found at 50 CFR part 635. Section
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![37448 Federal Register / Vol. 83, No. 148 / Wednesday, August 1, 2018 / Rules and Regulations
TABLE 1—2017 AND 2018 NORTH AND SOUTH ATLANTIC SWORDFISH QUOTAS—Continued
2017 2018
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 17–03, the United States transfers 75.2 mt dw (100 mt ww) annually to Namibia (37.6 mt dw, 50 mt ww), Côte
d’Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25 mt ww).
Classification This action is being taken under DATES: Effective 1200 hrs, Alaska local
The Assistant Administrator for § 635.27(c) and is exempt from review time (A.l.t.), July 27, 2018, through 2400
NMFS (AA) has determined that this under Executive Order 12866. hrs, A.l.t., December 31, 2018.
temporary final rule is consistent with This action does not contain a FOR FURTHER INFORMATION CONTACT:
the Magnuson-Stevens Act, the 2006 collection-of-information requirement Steve Whitney, 907–586–7228.
Consolidated Atlantic HMS FMP and its for purposes of the Paperwork SUPPLEMENTARY INFORMATION: NMFS
amendments, other provisions of the Reduction Act. manages the groundfish fishery in the
Magnuson-Stevens Act, ATCA, and Because prior notice and opportunity BSAI exclusive economic zone
other applicable law. Pursuant to for public comment are not required for according to the Fishery Management
section 553(b)(B) of the Administrative this rule by 5 U.S.C. 553, or any other Plan for Groundfish of the Bering Sea
Procedure Act (5 U.S.C. 553(b)(B)), the law, the analytical requirements of the and Aleutian Islands Management Area
AA finds that it would be unnecessary Regulatory Flexibility Act, 5 U.S.C. 601 (FMP) prepared by the North Pacific
and contrary to the public interest to et seq., are inapplicable. Fishery Management Council under
provide prior notice of, and an Authority: 16 U.S.C. 971 et seq. and 1801 authority of the Magnuson-Stevens
opportunity for public comment on, this et seq. Fishery Conservation and Management
action for the reasons described below. Dated: July 26, 2018. Act. Regulations governing fishing by
In the 2016 North and South Atlantic U.S. vessels in accordance with the FMP
Samuel D. Rauch, III,
Swordfish Quota Adjustment Rule (81 appear at subpart H of 50 CFR part 600
FR 48719, July 26, 2016), NMFS Deputy Assistant Administrator for
Regulatory Programs, National Marine and 50 CFR part 679.
announced the intent to no longer issue Fisheries Service. The 2018 TAC of Pacific ocean perch,
proposed and final specifications/rules in the WAI, allocated to vessels
[FR Doc. 2018–16388 Filed 7–31–18; 8:45 am]
for North and South Atlantic swordfish participating in the BSAI trawl limited
BILLING CODE 3510–22–P
quota adjustments in cases where the access fishery was established as a
quota adjustment simply follows directed fishing allowance of 161 metric
previously codified and analyzed tons by the final 2018 and 2019 harvest
DEPARTMENT OF COMMERCE
formulas. Public comments on this specifications for groundfish in the
process change were generally National Oceanic and Atmospheric BSAI (83 FR 8365, February 27, 2018).
supportive; as a result, in 2017, NMFS Administration In accordance with § 679.20(d)(1)(iii),
issued a temporary final rule to adjust the Regional Administrator finds that
the swordfish quota. 50 CFR Part 679 this directed fishing allowance has been
This action to adjust the 2018 North reached. Consequently, NMFS is
and South Atlantic Swordfish quotas prohibiting directed fishing for Pacific
[Docket No. 170817779–8161–02]
applies the formula that the public ocean perch in the WAI by vessels
received notice of in the 2016 North and participating in the BSAI trawl limited
South Atlantic Swordfish Quota RIN 0648–XG114
access fishery. While this closure is
Adjustment Rule, using the best effective, the maximum retainable
Fisheries of the Exclusive Economic
available data regarding 2017 catch and amounts at § 679.20(e) and (f) apply at
Zone Off Alaska; Pacific Ocean Perch
underharvest, and calculating allowable any time during a trip.
in the Bering Sea and Aleutian Islands
underharvest consistent with ICCAT
Management Area Classification
recommendations. The rulemaking for
the 2016 North and South Atlantic AGENCY: National Marine Fisheries This action responds to the best
Swordfish Quota Adjustment Rule Service (NMFS), National Oceanic and available information recently obtained
specifically provided prior notice of, Atmospheric Administration (NOAA), from the fishery. The Assistant
and accepted public comment on, these Commerce. Administrator for Fisheries, NOAA,
formulaic quota adjustment processes ACTION: Temporary rule; closure. (AA) finds good cause to waive the
and the manner in which they occur. requirement to provide prior notice and
The application of this formula in this SUMMARY: NMFS is prohibiting directed opportunity for public comment
action does not have discretionary fishing for Pacific ocean perch in the pursuant to the authority set forth at 5
aspects requiring additional agency Western Aleutian district (WAI) of the U.S.C. 553(b)(B) as such a requirement
consideration and thus it would be Bering Sea and Aleutian Islands is impracticable and contrary to the
unnecessarily duplicative to accept management area (BSAI) by vessels public interest. This requirement is
sradovich on DSK3GMQ082PROD with RULES
public comment for this action. Because participating in the BSAI trawl limited impracticable and contrary to the public
there are no new quotas for 2018 and access fishery. This action is necessary interest as it would prevent NMFS from
the quota formula is the same as in to prevent exceeding the 2018 total responding to the most recent fisheries
previous years, NMFS is issuing this allowable catch (TAC) of Pacific ocean data in a timely fashion and would
temporary final rule to adjust the North perch in the WAI allocated to vessels delay the closure of the Pacific ocean
and South Atlantic swordfish quotas for participating in the BSAI trawl limited perch directed fishery in the WAI for
2018. access fishery. vessels participating in the BSAI trawl
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Document Created: 2018-08-01 01:22:38
Document Modified: 2018-08-01 01:22:38
| 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 August 31, 2018, through December 31, 2018. | |
| Contact | Chant[eacute] Davis, (301) 427-8503, or, Steve Durkee, (202) 670-6637. | |
| FR Citation | 83 FR 37446 | |
| RIN Number | 0648-XG26 |
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