[Federal Register Volume 83, Number 148 (Wednesday, August 1, 2018)]
[Rules and Regulations]
[Pages 37446-37448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-16388]


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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.

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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
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+ 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