[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Rules and Regulations]
[Pages 44884-44887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18431]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 120627194-3657-02]
RIN 0648-XE005


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 adjustment for 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 the remainder of 2015, unless otherwise 
noticed. The SWO General Commercial permit retention limit in each of 
these three regions is increased to six SWO per vessel per trip. The 
SWO General Commercial permit retention limit in the Florida SWO 
Management Area will remain unchanged at zero SWO per vessel per trip. 
This adjustment applies to SWO General Commercial permitted vessels and 
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 July 30, 2015 through December 31, 2015.

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 SWO 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 SWO quota recommended by the International Commission for the 
Conservation of Atlantic Tunas (ICCAT)

[[Page 44885]]

into two equal semi-annual directed fishery quotas, an annual 
incidental catch quota for fishermen targeting other species or taking 
SWO recreationally, and a reserve category, per 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.
    The 2015 adjusted North Atlantic SWO quota is 3,359.4 mt dw (see FR 
80 25609, May 5, 2015). From the adjusted quota, 50 mt dw was allocated 
to the reserve category for inseason adjustments and research, and 300 
mt dw was allocated to the incidental category, which includes 
recreational landings and landings by incidental SWO permit holders, 
per Sec.  635.27(c)(1)(i). This resulted in an allocation of 3,009.4 mt 
dw for the directed fishery, which is split equally (1,504.7 mt dw) 
between two seasons in 2015 (January through June, and July through 
December).

Adjustment of SWO General Commercial Permit Vessel Retention Limits

    The 2015 North Atlantic SWO fishing year, which is managed on a 
calendar-year basis and divided into two equal semi-annual quotas, 
began January 1, 2015. 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 SWO 
per vessel per trip; (2) Gulf of Mexico region--three SWO per vessel 
per trip; (3) U.S. Caribbean region--2 SWO per vessel per trip; and, 
(4) Florida SWO Management Area--zero SWO 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 SWO than is specified for the region 
in which the vessel is located. The retention limits were not adjusted 
in 2014.
    NMFS has received requests to increase the retention limits in the 
Northwest Atlantic region and in the Florida SWO Management Area. 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 SWO per vessel per trip. Any adjustments 
to retention limits must be based upon 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 SWO stock; the estimated ability of 
vessels participating in the fishery to land the amount of SWO 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 SWO; effects of catch 
rates in one region precluding vessels in another region from having a 
reasonable opportunity to harvest a portion of the overall SWO quota; 
and, review of dealer reports, landing trends, and the availability of 
SWO 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 the remainder of 2015. Last year, with application of 
the default SWO General Commercial permit retention limits, total 
annual directed SWO fishery landings were approximately 1,303 mt dw (39 
percent of the 3,303-mt dw total annual adjusted directed fishery 
quota). This year, through June 30, 2015, directed SWO landings are 
481.6 mt dw (36.5 percent of the 1,505 mt dw Jan. to June semi-annual 
adjusted directed subquota; or 16 percent of the 3,010 mt dw total 
annual adjusted directed quota).
    Given that SWO directed landings fell well below the available 2014 
quota, and that 2015 landings continue to be below the available 2015 
directed SWO quota, and considering the regulatory criteria, NMFS has 
determined that the SWO General Commercial permit vessel retention 
limit 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 discussed above.
    A principal consideration is the objective of providing 
opportunities to harvest the full North Atlantic directed SWO quota 
without exceeding it based upon the 2006 Consolidated HMS FMP goal: 
``Consistent with other objectives of this FMP, to 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.'' At the same time, it is also important for NMFS to 
continue to provide protection to important SWO juvenile areas and 
migratory corridors.
    After considering all of the relevant criteria, NMFS has determined 
that this year, increases from the default limits are warranted. With 
respect to the regulatory criteria, NMFS has examined dealer reports 
and landing trends, and determined that the information obtained from 
biological sampling and monitoring of the North Atlantic SWO stock is 
useful. Recently implemented electronic dealer reporting provides 
accurate and timely monitoring of landings. This information indicates 
that sufficient directed SWO quota is available that would warrant an 
increase in the SWO General Commercial permit retention limit. 
Regarding the regulatory criterion that NMFS consider ``the estimated 
ability of vessels participating in the fishery to land the amount of 
SWO quota available before the end of the fishing year,'' the directed 
SWO quota has not been harvested for several years and, based upon 
current landing trends, is not likely to be harvested or exceeded in 
2015. 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. Similarly, regarding the criterion that NMFS consider the 
estimated amounts by which quotas for other categories of the fishery 
might be exceeded, NMFS expects there to be sufficient SWO quota for 
the remainder of the year, and thus increased catch rates in one region 
are not expected to preclude vessels in another region from having a 
reasonable opportunity to harvest a portion of the overall SWO quota. 
Landings by vessels issued this permit (and Charter/Headboat permitted 
vessels on a non-for-hire trip) are counted against the adjusted 
directed SWO quota. As indicated above, this quota has not been 
exceeded for several years and, based upon current landing trends, is 
not likely to be exceeded in

[[Page 44886]]

2015. Similarly, NMFS expects that there will be sufficient SWO quota 
for the remainder of the year, thus increased catch rates in one region 
are not expected to preclude vessels in another region from having a 
reasonable opportunity to harvest a portion of the overall SWO quota.
    With regard to SWO abundance, the 2014 report by ICCAT's Standing 
Committee on Research and Statistics indicated that the North Atlantic 
SWO stock is not overfished (B2011/Bmsy = 1.14), 
and overfishing is not occurring (F2011/Fmsy = 
0.82). Increasing the retention limit for this U.S. handgear fishery is 
not expected to affect the SWO stock status determination because any 
additional landings would be in compliance with the ICCAT recommended 
U.S. North Atlantic SWO quota allocation.
    Mature SWO are anticipated to migrate to the fishing grounds off 
the northeast U.S. coast during the summer and fall months. Based upon 
landings over the last several years, it is highly unlikely that the 
June through December directed SWO subquota will be filled with the 
current default retention limits of three SWO per vessel per trip 
(Northwest Atlantic and Gulf of Mexico), and two SWO per vessel per 
trip (U.S. Caribbean). For the entire 2014 fishing year, 39 percent of 
the total adjusted directed SWO quota was filled.
    Increasing the SWO General Commercial permit retention limit to six 
fish per vessel per trip will increase the likelihood that directed SWO 
landings will approach, but not exceed, the annual SWO quota, as well 
as increase the opportunity for catching SWO during the June through 
December directed subquota period. Increasing opportunity within this 
subquota period is also important because of the migratory nature and 
seasonal distribution of SWO, one of the regulatory criteria to be 
considered when changing the retention limit inseason (variations in 
seasonal distribution, abundance, or migration patterns of SWO). In a 
particular geographic region, or waters accessible from a particular 
port, the amount of fishing opportunity for SWO may be constrained by 
the short amount of time the SWO are present as they migrate. Dealer 
reports for Swordfish General Commercial permitted vessels indicate 
swordfish are available from June through December in both the 
Northwest Atlantic and Gulf of Mexico regions and are likely to be 
available in the U.S. Caribbean region during December and January.
    Based upon these considerations, NMFS has determined that a six-
fish per vessel per trip SWO General Commercial permit retention limit 
is warranted in the Northwest Atlantic, Gulf of Mexico, and U.S. 
Caribbean regions through December 31, 2015, for SWO General Commercial 
permitted vessels and HMS Charter/Headboat permitted vessels when on a 
non-for-hire trip. It would provide a reasonable opportunity to harvest 
the U.S. quota of SWO without exceeding it, while maintaining an 
equitable distribution of fishing opportunities; help achieve optimum 
yield in the SWO fishery; allow for the collection of data for stock 
monitoring purposes; and be consistent with the objectives of the 2006 
Consolidated HMS FMP, as amended. Therefore, NMFS increases the SWO 
General Commercial permit retention limit from the default limit to six 
SWO per vessel per trip in these three regions, effective from July 30, 
2015 through December 31, 2015. The regional SWO retention limits will 
automatically revert back to the default levels on January 1, 2016.
    As indicated above, NMFS has also received requests since 
publication of the final rule implementing Amendment 8 to the 2006 
Consolidated HMS FMP (which established the SWO General Commercial 
permit) to increase the retention limit of SWO in the Florida SWO 
Management Area from the default of zero. NMFS has determined that the 
retention limit will remain at zero SWO per vessel per trip in the 
Florida SWO Management Area in 2015. As described in Amendment 8 to the 
2006 Consolidated HMS FMP, 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 SWO habitat, and is essentially a narrow migratory corridor 
containing high concentrations of SWO 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 SWO, 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.
    These adjustments are consistent with the 2006 Consolidated HMS FMP 
as amended, ATCA, and the Magnuson-Stevens Act, and are not expected to 
negatively impact stock health.

Monitoring and Reporting

    NMFS will continue to monitor the SWO fishery closely through 
mandatory landings and catch reports. Dealers are required to submit 
landing reports and negative reports (if no SWO were purchased) on a 
weekly basis.
    Depending on the level of fishing effort and catch rates of SWO, 
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 SWO landings, the availability of SWO on the fishing 
grounds, the migratory nature of this species, and regional variations 
in the fishery. Based on available SWO quota, stock abundance, fishery 
performance in recent years, and the availability of SWO on the fishing 
grounds, among other considerations, adjustment to the SWO General 
Commercial permit retention limits from the default levels is 
warranted. Analysis of available data shows that adjustment to the SWO 
daily retention limit from the default level would result in minimal 
risks of exceeding the ICCAT-allocated quota. NMFS provides 
notification of retention limit adjustments by publishing the notice in 
the Federal Register, emailing individuals who have subscribed to the 
Atlantic HMS News electronic newsletter, and updating the information 
posted on the ``Atlantic HMS Breaking News'' Web site at  http://www.nmfs.noaa.gov/sfa/hms/news/breaking_news.html. Delays in 
temporarily increasing these retention limits would adversely affect 
those SWO General Commercial permit holders and HMS Charter/Headboat 
permit holders that would otherwise have an opportunity to harvest more 
than the default retention limits of three

[[Page 44887]]

SWO per vessel per trip in the Northwest Atlantic and Gulf of Mexico 
regions, and two SWO per vessel per trip in the U.S. Caribbean region. 
Further, any delay could exacerbate the problem of low SWO landings and 
subsequent quota rollovers. Limited opportunities to harvest the 
directed SWO quota may have negative social and economic impacts for 
U.S. fishermen. Adjustment of the retention limits needs to be 
effective as soon as possible to allow the impacted sectors to benefit 
from the adjustment during the relevant time period, which would have 
largely passed by for some fishermen if the action is delayed for 
notice, and to not preclude fishing opportunities for fishermen who 
have access to the fishery only during this time period. 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 good cause under 5 U.S.C. 553(d) to waive the 30-day delay in 
effectiveness.
    This action is being taken under Sec.  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: July 23, 2015.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-18431 Filed 7-27-15; 8:45 am]
BILLING CODE 3510-22-P