[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Rules and Regulations]
[Pages 91876-91878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30042]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 120627194-3657-02]
RIN 0648-XF062


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 2017 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 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, 2017, through June 30, 2017.

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 
taking 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.
    ICCAT Recommendation 13-02 set the North Atlantic swordfish total 
allowable catch (TAC) at 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. The 
Recommendation also included an 18.8 mt dw (25 mt ww) annual quota 
transfer from the United States to Mauritania and limited 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. A new Recommendation was adopted at the 2016 ICCAT 
annual meeting, maintaining the provisions related to quota, the 
transfer to Mauritania, and the carryover limit. Absent adjustments, 
the codified baseline quota is 2,937 mt dw for the directed fishery in 
2017, split equally (1,468.5 mt dw) between two semi-annual periods in 
2017 (January through June, and July through December). We anticipate, 
however, that the 2017 adjusted North Atlantic swordfish quota will be 
3,359.4 mt dw (equivalent to the 2016 adjusted quota) when we adjust 
the quota. At this time, given the extent of underharvest in 2016, we 
anticipate again carrying over the maximum allowable 15 percent (440.6 
mt dw) which, with the Mauritania transfer, would result in a final 
adjusted North Atlantic swordfish quota for the 2017 fishing year equal 
to that from last year 3,359.4 mt dw (2,937.6-18.8 + 440.6 = 3,359.4 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).

[[Page 91877]]

This would result in an allocation of 3,009.4 mt dw for the directed 
fishery, which would be split equally (1,504.7 mt dw) between two semi-
annual periods in 2017 (January through June, and July through 
December).

Adjustment of SWO General Commercial Permit Vessel Retention Limits

    The 2017 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, 2017. 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 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 2017 North Atlantic 
swordfish fishing year, and has determined that the SWO General 
Commercial permit vessel 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, 2017.
    Among the regulatory criteria for inseason adjustments to retention 
limits is the requirement that NMFS consider the ``effects of the 
adjustment on accomplishing the objectives of the fishery management 
plan and its amendments.'' Thus, a principal consideration in deciding 
whether to increase the retention limit 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.'' Consistent with the FMP and its amendments, it is also 
important for NMFS 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, directed swordfish landings for the 
January through June 2016 semi-annual period were approximately 465.7 
mt dw (30.9 percent of the adjusted directed sub-quota). Preliminary 
2016 total annual directed swordfish landings through October 31, 2016, 
are approximately 844.7 mt dw, or 28.1 percent of the 3,009.4 mt dw 
annual adjusted directed swordfish quota.
    The 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 2017. This information indicates that 
sufficient directed swordfish quota should be available from January 1 
through June 30, 2017, 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 us 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 2017. 
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 2017, and thus increased catch rates in these three regions would 
not be expected to preclude vessels in the other region (the Florida 
SWO Management Area) from having a reasonable opportunity to harvest a 
portion of the overall swordfish quota. This issue is largely moot, 
however, because the retention limit in the Florida Swordfish 
Management Area is set at zero for biological and ecological reasons 
related to the stock, as discussed below.)
    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 2016 report by ICCAT's 
Standing Committee on Research and Statistics indicated that the North 
Atlantic swordfish stock is

[[Page 91878]]

not overfished (B2011/Bmsy = 1.14), and 
overfishing is not occurring (F2011/Fmsy = 0.82). 
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, 2017, 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 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 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-Stevens Act, and are not expected to 
negatively impact stock health.

Monitoring and Reporting

    NMFS will continue to monitor the swordfish fishery closely during 
2017 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 as discussed above is warranted, except that it 
maintains a zero-fish retention limit in the Florida SWO Management 
Area. Analysis of available data shows that adjustment to the swordfish 
daily retention limit from the default levels 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 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 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, 2017, the 
start of the first semi-annual directed fishing period, could 
exacerbate the problem of low swordfish landings and subsequent quota 
rollovers. 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, 
2017, to allow all of the affected sectors to benefit from the 
adjustment during the relevant time period, which could pass by for 
some fishermen if the action is delayed for notice and public comment, 
and to not preclude fishing opportunities for 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. 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 9, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2016-30042 Filed 12-16-16; 8:45 am]
 BILLING CODE 3510-22-P