[Federal Register Volume 79, Number 163 (Friday, August 22, 2014)]
[Rules and Regulations]
[Pages 49719-49721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-19890]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 140207123-4657-02]
RIN 0648-BD96


Atlantic Highly Migratory Species; North and South Atlantic 2014 
Commercial Swordfish Quotas

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

ACTION: Final rule.

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SUMMARY: This final rule adjusts the 2014 fishing season quotas for 
North and South Atlantic swordfish based upon 2013 commercial quota 
underharvests and international quota transfers consistent with the 
International Commission for the Conservation of Atlantic Tunas (ICCAT) 
Recommendations 13-02 and 13-03. Additionally, this final rule modifies 
the regulations to comply with upcoming changes to the North Atlantic 
swordfish underharvest carryover limits, which become effective in 
2015. This final rule affects commercial and recreational fishing for 
swordfish in the Atlantic Ocean, including the Caribbean Sea and Gulf 
of Mexico. This action implements ICCAT recommendations, consistent 
with the Atlantic Tunas Convention Act (ATCA), and furthers domestic 
management objectives under the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act).

DATES: Effective on September 21, 2014.

ADDRESSES: Copies of the supporting documents--including the 2012 
Environmental Assessment (EA), Regulatory Impact Review (RIR), and 
Final Regulatory Flexibility Analysis (FRFA) for North Atlantic 
swordfish; the 2007 EA, RIR, and FRFA for South Atlantic swordfish; and 
the 2006 Consolidated Highly Migratory Species (HMS) Fishery Management 
Plan (FMP)--are available from the HMS Management Division Web site at 
http://www.nmfs.noaa.gov/sfa/hms/ or by contacting Alexis Jackson by 
phone at 301-427-8503 or Steve Durkee by phone at 202-670-6637.

FOR FURTHER INFORMATION CONTACT: Alexis Jackson by phone at 301-427-
8503, Steve Durkee by phone at 202-670-6637, or by fax: 301-713-1917.

SUPPLEMENTARY INFORMATION: 

Background

    The U.S. North and South Atlantic swordfish fisheries are managed 
under the 2006 Consolidated HMS FMP. Implementing regulations at 50 CFR 
part 635 are issued under the authority of the Magnuson-Stevens Act, 16 
U.S.C. 1801 et seq., and ATCA, 16 U.S.C. 971 et seq. ATCA authorizes 
the Secretary of Commerce (Secretary) to promulgate regulations as may 
be necessary and appropriate to implement ICCAT recommendations.
    For North Atlantic swordfish, this final action maintains the U.S. 
baseline quota of 2,937.6 metric tons (mt) dressed weight (dw), 
implements an ICCAT-recommended quota transfer of 18.8 mt dw from the 
United States to Mauritania, and discontinues the 112.8 mt dw quota 
transfer to Morocco, consistent with removal of the measure in the 
ICCAT recommendation. Additionally, this final rule modifies the 
regulations to comply with the ICCAT-recommended reduced underharvest 
carryover limit, which becomes effective in 2015 and thus will apply to 
any underharvest accrued in 2014 and beyond, pursuant to ICCAT 
Recommendation 13-02. For South Atlantic swordfish, this action 
maintains the U.S. South Atlantic swordfish quota at 75.2 mt dw (100 mt 
whole weight (ww)), carries over 75.1 mt dw of 2013 underharvest, and 
authorizes the transfer of 50 mt ww (37.6 mt dw) to Namibia, 25 mt ww 
(18.8 mt dw) to C[ocirc]te d'Ivoire, and 25 mt ww (18.8 mt dw) to 
Belize, consistent with ICCAT Recommendation 13-03. Information 
regarding the quota calculations can be found below. Additional details 
regarding the quotas and other actions in this rule and their impacts 
can be found in the proposed rule (79 FR 27553, May 14, 2014).

North Atlantic Swordfish Quota

    Based on the 2013 ICCAT Standing Committee on Research and 
Statistics (SCRS) stock assessment, North Atlantic swordfish are fully 
rebuilt and not experiencing overfishing. At the 2013 ICCAT annual 
meeting, Recommendation 13-02 was adopted, maintaining the overall 
North Atlantic swordfish total allowable catch (TAC) of 10,301 metric 
tons (mt) dressed weight (dw) (13,700 mt whole weight (ww)) through 
2016. Of this TAC, the United States' baseline quota is 2,937.6 mt dw 
(3,907 mt ww) per year. ICCAT Recommendation 13-02 also includes an 
18.8 mt dw (25 mt ww) annual quota transfer from the United States to 
Mauritania, discontinues the 112.8 mt dw quota transfer to Morocco, 
consistent with removal of the measure in the ICCAT recommendation, and 
limits allowable 2013 underharvest carryover to 25 percent of a 
contracting party's baseline quota. Underharvest accrued in 2014 and 
beyond is limited to 15 percent of a contracting party's baseline 
quota. Therefore, the United States may carry over a maximum of 734.4 
mt dw (976.8 mt ww) of underharvest from 2013 and add it to the 2014 
baseline quota. This final rule adjusts the U.S. baseline quota for the 
2014 fishing year to account for the annual quota transfer to 
Mauritania and the 2013 underharvest. Additionally, this final rule 
modifies the regulations to comply with the reduced underharvest 
carryover limit, which becomes effective in 2015 and thus will apply to 
underharvest accrued in 2014 and beyond.
    The 2014 North Atlantic swordfish baseline quota is 2,937.6 mt dw 
(3,907 mt ww). The North Atlantic swordfish underharvest for 2013 was 
1,391.8 mt dw (1,851.1 mt ww) which exceeds the maximum carryover cap 
of 734.4 mt dw (976.8 mt ww). This updated estimate, while lower than 
that estimated in the proposed rule, is still lower than the maximum 
allowable underharvest carryover. Thus, as proposed, NMFS is carrying 
forward the same maximum amount allowed per ICCAT Recommendation 13-02. 
The baseline quota would be reduced by the 18.8 mt dw (25 mt ww) annual 
quota transfer to Mauritania and increased by the underharvest 
carryover maximum of 734.4 mt dw (976.8 mt ww), resulting in an 
adjusted quota of 3,653.2 mt dw (4,857.8 mt ww) for the 2014 fishing 
year. From that final adjusted quota, per Sec.  635.27(c)(1)(i), the 
directed category quota of 3,303.2 mt dw (4,393.3 mt ww) is split 
equally into two seasons (January through June, and July through 
December), the reserve category quota is 50 mt dw (66.5 mt ww), and the 
incidental category quota, which includes recreational landings and 
catch by incidental swordfish permit holders, is 300 mt dw (399 mt ww) 
(Table 1).

South Atlantic Swordfish Quota

    In 2013, ICCAT Recommendation 13-03 established the South Atlantic 
swordfish TAC at 11,278.2 mt dw (15,000 mt ww) for 2014, 2015, and 
2016. Of this, the United States' baseline quota is 75.2 mt dw (100 mt 
ww). ICCAT Recommendation 13-03 limits the amount of South Atlantic 
swordfish underharvest that can be carried forward. For South Atlantic 
swordfish, the United States may carry forward underharvest up to 100 
percent of its baseline quota (75.2 mt dw).

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Recommendation 13-03 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.
    In 2013, U.S. fishermen landed 0.1 mt dw of South Atlantic 
swordfish and there were no dead discards. Therefore, 75.1 mt dw of 
underharvest is available to be carried over to 2014 and added to the 
baseline quota. That combined quota will then be reduced by the 75.2 mt 
dw of annual international quota transfers outlined above, resulting in 
an adjusted quota of 75.1 mt dw (100 mt ww) for South Atlantic 
swordfish (see Table 1) for 2014.

         Table 1--2014 North and South Atlantic Swordfish Quotas
------------------------------------------------------------------------
    North Atlantic Swordfish Quota (mt dw)          2013         2014
------------------------------------------------------------------------
Baseline Quota................................      2,937.6      2,937.6
International Quota Transfer..................       \1\ (-  \2\ (-)18.8
                                                     )112.8
Total Underharvest from Previous Year \+\.....        814.1      1,391.8
Underharvest Carryover from Previous Year \+\.     (+)734.4     (+)734.4
Adjusted Quota................................      3,559.2      3,653.2
------------------------------------------------------------------------


Quota Allocation.....................................  Directed Category..............      3,209.2      3,303.2
                                                       Incidental Category............          300          300
                                                       Reserve Category...............           50           50
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    South Atlantic Swordfish Quota (mt dw)          2013         2014
------------------------------------------------------------------------
Baseline Quota................................         75.2         75.2
International Quota Transfers *...............      (-)75.2      (-)75.2
Total Underharvest from Previous Year \+\.....         75.2         75.1
Underharvest Carryover from Previous Year \+\.         75.2         75.1
Adjusted Quota................................         75.2         75.1
------------------------------------------------------------------------
+ 2013 underharvest carryover is capped at 25 percent of the baseline
  quota allocation for the North Atlantic and 75.2 dw (100 mt ww) for
  the South Atlantic. Starting in 2015, for the North Atlantic only,
  underharvest carryover will be capped at 15 percent of the baseline
  quota allocation.
* Under Recommendation 13-03, 100 mt ww of the U.S. underharvest and
  baseline quota was transferred 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).
\1\ To Morocco.
\2\ To Mauritania.

Response to Comments

    During the proposed rule comment period, NMFS received two written 
comments, one of which was directly related to the proposed rule. A 
summary of the relative comment on the proposed rule is shown below 
with NMFS' response. The second comment suggested banning harvest of 
all swordfish, which was outside the scope of the current rulemaking. 
All written comments submitted during the comment period can be found 
at http://www.regulations.gov/ by searching for NOAA-NMFS-2014-0054.
    Comment: NMFS should apportion some of commercial underharvest to 
allow for recreational harvest and sale of swordfish caught in the 
Florida Swordfish Management Area, considering landings of Atlantic 
swordfish are below the established quotas.
    Response: Currently, in the Atlantic, Gulf of Mexico, and 
Caribbean, recreationally caught swordfish (i.e., those caught on U.S. 
vessels possessing the HMS Angling permit or the HMS Charter-Headboat 
permit when on a for-hire trip) may not be sold. Only permit holders 
that hold commercial permits may sell swordfish. Those commercial 
permit holders are required to sell to permitted dealers; except that 
individuals issued a valid HMS Commercial Caribbean Small Boat permit 
and operating in the U.S. Caribbean may sell swordfish to non-dealers 
(see 50 CFR 635.31(d)).
    Given the rebuilt status of the North Atlantic swordfish stock and 
their resulting increased availability, NMFS has made efforts to 
provide additional harvest opportunities that will allow both 
recreational and commercial fishermen to more fully utilize the U.S. 
swordfish quota allocation. Management measures have included 
increasing retention limits, reducing the minimum cleithrum to caudal 
keel (CK) length, raising vessel upgrade limits on limited access 
commercial permits, creating two new commercial permits (the HMS 
Commercial Caribbean Small Boat permit, which is specific to the U.S. 
Caribbean, and the Swordfish General Commercial permit), and modifying 
the HMS Charter-Headboat permit to allow for commercial retention of 
swordfish when on a non-for hire trip.
    The Swordfish General Commercial permit and modified HMS Charter-
Headboat permit were first implemented in 2014 after finalization of 
Amendment 8 to the 2006 Consolidated HMS FMP (Amendment 8). Both of 
these permits allow for commercial retention of swordfish using rod and 
reel, handline, bandit gear, harpoon, and green-stick gear (the same 
gears authorized for the Atlantic Tunas General category permit). 
Amendment 8 also established swordfish management regions (including 
the Florida Swordfish Management Area), established default regional 
retention limits, and allowed for the adjustment of the regional 
retention limits during a fishing season from zero to six swordfish 
based on certain criteria (e.g., dealer reports, landing trends, 
available quota, etc). The default regional swordfish retention limit 
varies depending on the specific region; for the Florida Swordfish 
Management Area, the default regional swordfish retention limit is 
zero. Please refer to the final rule for Amendment 8 for additional 
details (78 FR 52012, August 21, 2013).
    The swordfish retention limit in the Florida Swordfish Management 
Area is currently set to zero fish for vessels with a Swordfish General 
Commercial Permit or an HMS Charter-Headboat permit when on a non-for 
hire trip, as NMFS is taking a cautious approach at this time while 
issuing the new open-access commercial swordfish permit for the first 
time. This cautious approach is particularly important off the 
southeast coast of Florida, where the Florida Swordfish Management Area 
was

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implemented to conserve juvenile swordfish habitat in a region where 
fishing grounds are easily accessible to a large number of fishermen. 
The initial retention limit of zero swordfish was implemented in part 
upon consideration of public comments on Amendment 8, including a 
comment from the Florida Fish and Wildlife Conservation Commission 
indicating a high potential for the rapid growth of a commercial 
fishery in the Florida Swordfish Management Area.
    Currently, NMFS is observing the patterns of harvest, including how 
fishing for swordfish changes throughout the fishing year in different 
regions, and seeing how changes in patterns of harvest relate to other 
portions of the U.S. fishery in overall landings. NMFS does not feel 
that the low harvest levels to date indicate a need to adjust the 
regional retention limits at this time. NMFS will continue to monitor 
the fishery and, based upon the inseason adjustment criteria specified 
at 50 CFR 635.24 (b)(4)(iv), will consider whether to adjust regional 
retention limits in the future.

Changes From the Proposed Rule

    The final rule contains no changes from the proposed rule, except 
for minor landings updates based on more recent 2013 landings reports 
and dead discard estimates.

Classification

    Pursuant to the Magnuson-Stevens Act, the NMFS Assistant 
Administrator has determined that the final rule is consistent with the 
2006 Consolidated HMS FMP and its amendments, other provisions of the 
Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 635

    Fisheries, Fishing, Fishing vessels, Foreign relations, Imports, 
Penalties, Reporting and recordkeeping requirements, Treaties.

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

    Dated: August 18, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For reasons set out in the preamble, 50 CFR part 635 is amended as 
follows:

PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES

0
1. The authority citation for part 635 continues to read as follows:

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

0
2. In Sec.  635.27, paragraph (c)(3)(ii) is revised to read as follows:


Sec.  635.27  Quotas.

* * * * *
    (c) * * *
    (3) * * *
    (ii) If consistent with applicable ICCAT recommendations, total 
landings above or below the specific North Atlantic or South Atlantic 
swordfish annual quota will be subtracted from, or added to, the 
following year's quota for that area. As necessary to meet management 
objectives, such adjustments may be apportioned to fishing categories 
and/or to the reserve. Carryover adjustments for the North Atlantic 
shall be limited to 25 percent of the baseline quota allocation through 
2014. Starting in the 2015 fishing year, carryover adjustments shall be 
limited to 15 percent of the annual baseline quota allocation. 
Carryover adjustments for the South Atlantic shall be limited to 100 mt 
ww (75.2 mt dw). Any adjustments to the 12-month directed fishery quota 
will be apportioned equally between the two semiannual fishing seasons. 
NMFS will file with the Office of the Federal Register for publication 
any adjustment or apportionment made under this paragraph.
* * * * *

[FR Doc. 2014-19890 Filed 8-21-14; 8:45 am]
BILLING CODE 3510-22-P