[Federal Register Volume 81, Number 143 (Tuesday, July 26, 2016)]
[Rules and Regulations]
[Pages 48719-48722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17630]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[160412328-6619-02]
RIN 0648-BF97


Atlantic Highly Migratory Species; North and South Atlantic 2016 
Commercial Swordfish Quotas

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

ACTION: Final rule.

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[[Page 48720]]

SUMMARY: This final rule adjusts the 2016 fishing season quotas for 
North and South Atlantic swordfish based upon 2015 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. This final rule also simplifies the 
annual North and South Atlantic quota adjustment process when the 
adjustment simply applies a previously-adopted formula or measure. 
Finally, this final rule removes extraneous regulatory text about the 
percentage of the annual baseline quota allocation that may be carried 
over in a given year. This final rule could affect 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 August 25, 2016.

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 (Final Rule to Implement the 2012 Atlantic Swordfish Quotas 
and Other Measures); the 2007 EA, RIR, and FRFA for South Atlantic 
swordfish (Final Rule to Modify the North and South Atlantic Swordfish 
Commercial Quotas Based on 2006 ICCAT Recommendations); the 2006 
Consolidated Atlantic Highly Migratory Species (HMS) Fishery Management 
Plan (FMP) and its amendments; and associated documents--are available 
from the HMS Management Division Web site at http://www.nmfs.noaa.gov/sfa/hms/ or by contacting Steve Durkee by phone at 202-670-6637.

FOR FURTHER INFORMATION CONTACT: Steve Durkee by phone at 202-670-6637 
or Karyl Brewster-Geisz by phone at 301-427-8503.

SUPPLEMENTARY INFORMATION:

Background

    The U.S. Atlantic swordfish fishery is managed under the 2006 
Consolidated Atlantic HMS FMP (October 2, 2006; 71 FR 58058). 
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) and 
authorizes the transfer of 18.8 mt dw from the United States to 
Mauritania as required by 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 2015 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. More specific 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 (81 FR 36511, June 7, 2016).

North Atlantic Swordfish Quota

    At the 2013 ICCAT annual meeting, Recommendation 13-02 was adopted, 
maintaining the 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 and limits underharvest carryover to 15 percent of 
a contracting party's baseline quota. Therefore, the United States may 
carry over a maximum of 440.6 mt dw (586.0 mt ww) of underharvest from 
2015 to 2016. This final rule adjusts the U.S. baseline quota for the 
2016 fishing year to account for the annual quota transfer to 
Mauritania and the 2015 underharvest.
    The 2016 North Atlantic swordfish baseline quota is 2,937.6 mt dw 
(3,907 mt ww). The preliminary estimate of North Atlantic swordfish 
underharvest for 2015 was 2,181.6 mt dw as of December 31, 2015; 
therefore, NMFS is carrying forward 440.6 mt dw, the maximum carryover 
allowed under Recommendation 13-02. The 2,937.6 mt dw baseline quota is 
reduced by the 18.8 mt dw annual quota transfer to Mauritania and 
increased by the underharvest carryover of 440.6 mt dw, resulting in a 
final adjusted North Atlantic swordfish quota for the 2016 fishing year 
of 3,359.4 mt dw (2,937.6-18.8 + 440.6 = 3,359.4 mt dw). From that 
adjusted quota, 50 mt dw will be allocated to the reserve category for 
inseason adjustments and research, and 300 mt dw will be allocated to 
the incidental category, which includes recreational landings and 
landings by incidental swordfish permit holders, in accordance with 
regulations at 50 CFR 635.27(c)(1)(i). This would result in an 
allocation of 3,009.4 mt dw (3,359.4-50-300 = 3,009.4 mt dw) for the 
directed category, which would be split equally between two seasons in 
2016 (January through June, and July through December) (Table 1).
    For clarity, the final rule removes extraneous regulatory text 
about the percentage of the annual baseline quota allocation that may 
be carried over in a given year. Under prior ICCAT recommendations, 25 
percent of the unused annual baseline could be carried over to the 
subsequent year. ICCAT Recommendation 13-02 changed the allowable 
carryover to 15 percent from 2015 on. This change simplifies the 
regulatory text by removing the reference to the 25-percent carryover 
allowance to avoid confusion.

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 receives 75.2 mt dw (100 mt ww). 
Recommendation 13-03 limits the amount of South Atlantic swordfish 
underharvest that can be carried forward, and the United States may 
carry forward up to 100 percent of its baseline quota (75.2 mt dw). 
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 2015, U.S. fishermen landed no South Atlantic swordfish 
according to data available as of December 31, 2015. The adjusted 2015 
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 2016. 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 
2016 fishing year.

[[Page 48721]]



                             Table 1--2016 North and South Atlantic Swordfish Quotas
----------------------------------------------------------------------------------------------------------------
North Atlantic Swordfish Quota (mt
                dw)                                  2015                                   2016
----------------------------------------------------------------------------------------------------------------
Baseline Quota....................  2,937.6..............................  2,937.6
International Quota Transfer......  (-)18.8 (to Mauritania)..............  (-)18.8 (to Mauritania)
Total Underharvest from Previous    1,337.4..............................  2,181.6
 Year \+\.
Underharvest Carryover from         (+)440.6.............................  (+)440.6
 Previous Year \+\.
Adjusted Quota....................  3,359.4..............................  3,359.4
Quota Allocation:
    Directed Category.............  3,009.4..............................  3,009.4
    Incidental Category...........  300..................................  300
    Reserve Category..............  50...................................  50
----------------------------------------------------------------------------------------------------------------
South Atlantic Swordfish Quota (mt  2015.................................  2016
 dw)
----------------------------------------------------------------------------------------------------------------
Baseline Quota....................  75.2.................................  75.2
International Quota Transfers *...  (-)75.2..............................  (-)75.2
Total Underharvest from Previous    75.1.................................  75.1
 Year \+\.
Underharvest Carryover from         75.1.................................  75.1
 Previous Year \+\.
Adjusted quota....................  75.1.................................  75.1
----------------------------------------------------------------------------------------------------------------
+ Allowable underharvest carryover is now capped at 15 percent of the baseline quota allocation for the North
  Atlantic and 75.2 dw (100 mt ww) for the South Atlantic. The available 2014 and 2015 underharvests are based
  on data current as of December 31, 2015; they do not include dead discards, late reports, or changes to the
  data as a result of quality control adjustments.
* Under Recommendation 13-03, 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).

Modification of the Annual Quota Adjustment Public Notification Process

    In the past, NMFS has published proposed swordfish quota 
specifications annually, allowed for a public comment period, and then 
issued a final rule. NMFS has done this when adopting new quotas, 
altering conservation and management measures pursuant to an ICCAT 
recommendation, or when simply adjusting the swordfish quotas based on 
formulas or measures codified in regulations previously adopted through 
notice-and-comment rulemaking (see, e.g., regulatory text at 50 CFR 
635.27(c)). Where NMFS is simply administering a pre-established 
formula that is already embodied in regulations, it has limited 
discretion over implementation. Inviting public notice and comment on 
these actions may have unnecessarily confused the regulated community, 
which has not understood the scope of these actions and NMFS' lack of 
discretion to make changes in these situations. Past public comments 
have included requests that go well beyond the scope of these actions, 
including suggestions to carry over underharvests in an amount 
exceeding the carryover limit, which would be inconsistent with ICCAT 
recommendations; requests not to carry over any underharvests, which 
would be inconsistent with the established regulatory formulas; and 
requests to shut down the commercial swordfish fishery.
    To address public confusion and streamline the regulatory process, 
NMFS notifies the public that beginning in 2017, it will annually 
adjust the North and South Atlantic swordfish quotas through a final 
rule without an opportunity for public comment, as appropriate, when 
such adjustments simply apply a previously-adopted formula and are 
administrative in nature. NMFS takes such action consistent with 
requirements of the Administrative Procedure Act. NMFS would continue 
to undertake notice and comment rulemaking when adopting new quotas or 
otherwise altering conservation and management measures.

Response to Comments

    During the proposed rule comment period, NMFS received one written 
comment; however, it was not relevant to the proposed action.

Changes From the Proposed Rule

    The final rule contains no changes from the proposed rule.

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, ATCA, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    Previously, NMFS determined that proposed rules to implement the 
North Atlantic swordfish quota (77 FR 25669, May 1, 2012) and South 
Atlantic swordfish quota (75 FR 35432, June 22, 2010) were consistent 
to the maximum extent practicable with the enforceable policies of the 
approved coastal management program of coastal states on the Atlantic, 
including the Gulf of Mexico and the Caribbean Sea. Pursuant to 15 CFR 
930.41(a), NMFS provided the Coastal Zone Management Program of each 
coastal state a 60-day period to review the consistency determination 
and to advise the Agency of their concurrence. NMFS received 
concurrence with the consistency determinations from several states and 
inferred consistency from those states that did not respond within the 
60-day time period. This final action to establish the 2016 North and 
South Atlantic swordfish quotas does not change the framework 
previously consulted upon; therefore, no additional consultation is 
required.
    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.


[[Page 48722]]


    Dated: July 21, 2016.
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, revise paragraph (c)(3) to read as follows:


Sec.  635.27  Quotas.

* * * * *
    (c) * * *
    (3) Annual adjustments. NMFS will file with the Office of the 
Federal Register for publication notice of the following adjustments to 
or apportionments of the annual quota:
    (i) Adjustments to the quota necessary to meet the objectives of 
the Consolidated Highly Migratory Species Fishery Management Plan 
consistent with the quota provisions of paragraph (c)(1) of this 
section.
    (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 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.
    (iii) The dressed weight equivalent of the amount by which dead 
discards exceed the allowance specified at paragraph (c)(1)(i)(C) of 
this section will be subtracted from the landings quota in the 
following fishing year or from the reserve category.
* * * * *
[FR Doc. 2016-17630 Filed 7-25-16; 8:45 am]
BILLING CODE 3510-22-P