[Federal Register Volume 84, Number 175 (Tuesday, September 10, 2019)]
[Rules and Regulations]
[Pages 47440-47442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19476]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 190904-0021]
RIN 0648-XT006


Atlantic Highly Migratory Species; Adjustments to 2019 Northern 
Albacore Tuna Quota, 2019 North and South Atlantic Swordfish Quotas, 
and 2019 Atlantic Bluefin Tuna Reserve Category Quota

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 2019 baseline quotas for U.S. North Atlantic 
albacore tuna (northern albacore), North and South Atlantic swordfish, 
and the Atlantic bluefin Reserve category based on available 
underharvest of the 2018 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 September 10, 2019, through December 31, 2019.

ADDRESSES: Supporting documents, including Environmental Assessments, 
as well as the Fishery Management Plans and their amendments that are 
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 Sarah McLaughlin, Steve 
Durkee, or Larry Redd at the telephone numbers below.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260, Steve 
Durkee, 202-670-6637, or Larry Redd, 301-427-8503.

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 northern 
albacore, swordfish, and Atlantic bluefin tuna (BFT) by persons and 
vessels subject to U.S. jurisdiction are found at 50 CFR part 635. 
Section 635.27(e) implements the northern albacore annual quota 
recommended by ICCAT and describes the annual northern albacore quota 
adjustment process. Section 635.27(c) implements the ICCAT-recommended 
quotas and describes the quota adjustment process for both North and 
South Atlantic swordfish. Section 635.27(a) implements the ICCAT-
recommended quota for and describes the annual BFT quota adjustment 
process. 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.
    Note that weight information for northern albacore and BFT below is 
shown in metric tons (mt) whole weight (ww), and both dressed weight 
(dw) and ww are shown for swordfish.

Northern Albacore Annual Quota and Adjustment Process

    Since 1998, ICCAT has adopted recommendations regarding the 
northern albacore fishery. ICCAT Recommendation 17-04 on northern 
albacore (which amends portions of Recommendation 16-06) includes a 
total allowable catch (TAC) at 33,600 mt for 2018 through 2020 and 
specific provisions regarding northern albacore conservation and 
management. The U.S. share of that TAC is a quota for 2019 and 2020 of 
632.4 mt, annually, which is codified at Sec.  635.27(e) and will 
remain in effect until changed.
    Portions of ICCAT Recommendation 16-06 remain active. Relevant to 
the northern albacore quota adjustment in this action, and as codified 
at Sec.  635.27(e)(2), the maximum underharvest that a Contracting 
Party may carry forward from one year to the next is 25 percent of its 
initial catch quota, which would be 158.1 mt for the United States.

Adjustment of the 2019 Northern Albacore Quota

    Consistent with regulations at Sec.  635.27(e), NMFS adjusts the 
U.S. annual northern albacore quota for allowable underharvest, if any, 
in the previous year. NMFS makes such adjustments consistent with ICCAT 
limits and when complete catch information for the prior year is 
available and finalized. Under ICCAT Recommendation 17-04, the maximum 
underharvest that a Contracting Party may carry forward from one year 
to the next is 25 percent of its initial catch quota, which, relevant 
to 2019, would be 158.1 mt for the United States (25 percent of 632.4 
mt).
    For 2018, the adjusted quota was 764.15 mt (632.4 mt plus 131.75 mt 
of 2017 underharvest carried forward to 2018, based on 25 percent of 
the 527 mt quota in place for 2017) (83 FR 51391, October 11, 2018). 
The total 2018 northern albacore catch, which includes landings and 
dead discards, was 102.62 mt, which is an underharvest of 661.53 mt of 
the 2018 adjusted quota. Of this underharvest, 158.1 mt may be carried 
forward to the 2019 fishing year. Thus, the adjusted 2019 northern 
albacore quota is 632.4 mt plus 158.1 mt, totaling 790.5 mt.

North and South Atlantic Swordfish Annual Quota and Adjustment Process

North Atlantic Swordfish

    Consistent with the North Atlantic swordfish quota regulations at 
Sec.  635.27(c), NMFS adjusts the U.S. annual North Atlantic swordfish 
quota for allowable underharvest, if any, in the previous year. NMFS 
makes such adjustments consistent with ICCAT limits and when complete 
catch information for the prior year is available and finalized. Under 
ICCAT Recommendation 17-02, the U.S. North Atlantic swordfish baseline 
annual quota for 2018 through 2021 is 2,937.6 mt dw (3,907 mt ww). The 
maximum underharvest that the United States may carry forward from one 
year to the next is 15 percent of the baseline quota, which equals 
440.6 mt dw (586.0 mt ww) for the United States.
    The total 2018 U.S. North Atlantic swordfish catch, which includes 
landings and dead discards, was 958.6 mt dw, leaving a 1,979.0 mt dw 
underharvest. 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, the maximum carryover allowed. The 
2,937.6 mt dw baseline quota is increased by the underharvest carryover 
of 440.6 mt dw, resulting in a final adjusted North Atlantic swordfish 
quota for the 2019 fishing year of 3,378.2 mt dw (2,937.6 + 440.6 = 
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

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635.27(c)(1)(i). This results in an allocation of 3,028.2 mt dw 
(3,378.2-50-300 = 3,028.2 mt dw) for the directed category, split 
equally between two seasons in 2019 (January through June, and July 
through December) (Table 1).

South Atlantic Swordfish

    Consistent with the South Atlantic swordfish quota regulations at 
Sec.  635.27(c), NMFS adjusts the U.S. annual South Atlantic swordfish 
quota for allowable underharvest, if any, in the previous year. NMFS 
makes such adjustments consistent with ICCAT limits when complete catch 
information for the prior year is available and finalized. Under ICCAT 
Recommendation 17-03, the U.S. South Atlantic swordfish baseline annual 
quota for 2019 is 75.2 mt dw (100 mt ww) and the amount of underharvest 
that the United States can carry forward from one year to the next is 
limited to 100 percent of the baseline quota (75.2 mt dw). 
Recommendation 17-03 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 2018. The 
adjusted 2018 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 2019. 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 2019 fishing year (Table 1).

         Table 1--2019 North and South Atlantic Swordfish Quotas
------------------------------------------------------------------------
                                               2018            2019
------------------------------------------------------------------------
North Atlantic Swordfish Quota (mt dw):
    Baseline Quota......................         2,937.6         2,937.6
    International Quota Transfer........               0               0
    Total Underharvest from Previous             1,925.7         1,979.0
     Year...............................
    Underharvest Carryover from Previous       (+) 440.6       (+) 440.6
     Year \+\...........................
    Adjusted Quota......................         3,378.2         3,378.2
    Quota Allocation:
        Directed Category...............         3,028.2         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 Transfers *.....         (-)75.2         (-)75.2
    Total Underharvest from Previous                75.1            75.1
     Year...............................
    Underharvest Carryover from Previous            75.1            75.1
     Year \+\...........................
    Adjusted quota......................            75.1            75.1
------------------------------------------------------------------------
+ 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).

BFT Annual Quota and Adjustment Process

    Consistent with the regulations regarding annual BFT quota 
adjustment at Sec.  635.27(a), NMFS annually announces the addition of 
available underharvest, if any, to the BFT Reserve category once 
complete catch information is available and finalized.
    NMFS implemented relevant provisions of the current ICCAT western 
Atlantic BFT recommendation (Rec. 17-06) in a final rule that published 
in October 2018 (83 FR 51391, October 11, 2018). That rulemaking, 
implemented the recommended annual U.S. baseline quota of 1,247.86 mt, 
plus an additional 25 mt to account for bycatch related to pelagic 
longline fisheries in the Northeast Distant gear restricted area (NED), 
for a total of 1,272.86 mt. The total annual U.S. BFT quota of 1,272.86 
mt is codified at Sec.  635.27(a) and will remain in effect until 
changed (for instance, if a new ICCAT western Atlantic BFT TAC 
recommendation is adopted). The maximum underharvest that a Contracting 
Party may carry forward from one year to the next is 10 percent of its 
initial catch quota, which, for the United States, is 127.3 mt for 2019 
(10 percent of 1,272.86 mt).

Adjustment of the 2019 BFT Reserve Category Quota

    The United States may carry forward the full, allowable 127.3 mt 
for 2019. In 2018, the adjusted BFT quota was 1,381.24 mt (baseline 
quota of 1,272.86 mt + 108.38 mt of 2017 underharvest carried over to 
2018). The total 2018 BFT catch, including landings and dead discards, 
was 1,027.8 mt, which is 353.44 mt less than the 2018 adjusted quota 
and exceeds the allowable carryover of 127.3 mt. When carrying over 
underharvest from one year to the next, NMFS uses it to augment the BFT 
Reserve category quota. Thus, for 2019, NMFS augments the Reserve 
category quota with the allowable carryover of 127.3 mt. The codified 
Reserve category quota is 29.5 mt. Effective February 25, 2019, NMFS 
adjusted the Reserve category quota for 2019 to 143 mt by reallocating 
164.5 mt of Purse Seine quota to the Reserve category (based on 2018 
catch by Purse Seine category participants) and also transferred 25 mt 
of Reserve category quota to the General category (84 FR 6701, February 
28, 2019). Effective July 18, 2019, NMFS transferred 30 mt from the 
Reserve category quota to the Harpoon category (84 FR 35340, July 23, 
2019). Effective August 1, 2019 NMFS transferred 15 mt from the Reserve 
category quota to the Harpoon category (84 FR 38143, August 6, 2019) 
for a total of 98 mt in the Reserve category plus 127.3 mt carried 
forward for 2018. Thus, as of the effective date of this action 
(September 10, 2019), the adjusted 2019 Reserve category quota is 225.3 
mt (143 mt-45 mt + 127.3 mt).

Classification

    The Assistant Administrator for NMFS (AA) has determined that this 
temporary final rule is consistent with

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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.
    The rulemaking processes for Amendment 7 to the 2006 Consolidated 
HMS FMP in 2015 (79 FR 71509, December 2, 2014) and for the 2016 North 
and South Atlantic Swordfish Quota Adjustment Rule (81 FR 48719, July 
26, 2016) specifically provided prior notice of, and accepted public 
comment on, the formulaic quota adjustment processes for the northern 
albacore, Atlantic bluefin tuna, and swordfish fisheries and the manner 
in which they occur. These processes have not changed, and the 
application of these formulas in this action does not have 
discretionary aspects requiring additional agency consideration. Thus 
it would be unnecessarily duplicative to accept public comment for this 
action. Because there are no new quotas for 2019 and the quota formulas 
are the same as in previous years, NMFS is issuing this temporary final 
rule to adjust the northern albacore, North and South Atlantic 
swordfish, and western Atlantic BFT quotas for 2019.
    There is good cause under U.S.C. 553(d)(3) to waive the 30-day 
delay in effective date and to make the rule effective upon publication 
in the Federal Register. The fisheries for northern albacore, North and 
South Atlantic swordfish, and BFT began on January 1, 2019. NMFS 
monitors northern albacore, North and South Atlantic swordfish, and BFT 
annual catch and measures the annual catch data against the applicable 
available quotas. Delaying the effective date of these quota 
adjustments would complicate the management of the northern albacore, 
North and South Atlantic swordfish, and BFT fisheries, all of which 
rely on management flexibility to respond quickly to fishery conditions 
to ensure that fishermen have a reasonable opportunity to catch the 
available quotas. For example, under the northern albacore fishery 
closure regulations, NMFS must close the fishery when the annual 
fishery quota is reached. Closure of the fishery based only on the 
baseline (codified) quota versus the adjusted northern albacore quota 
could preclude the fishery from harvesting northern albacore that are 
legally available consistent with the ICCAT recommendations and the 
2006 Consolidated HMS FMP, as amended. Adjusting the North and South 
Atlantic swordfish quota allows the United States to take advantage of 
the ICCAT allowance to carry over quota underharvest and to comply with 
the South Atlantic swordfish recommendation's obligation to transfer 
quota internationally. Adjusting the BFT Reserve category as soon as 
possible provides NMFS the flexibility to transfer quota from the 
Reserve to other fishing categories inseason after considering the 
regulatory determination criteria, including fishery conditions at the 
time of the transfer. The amount of quota currently in the BFT Reserve 
category is relatively low, and NMFS may need to transfer quota soon in 
order to reduce the likelihood of fishery closure during the remaining 
subquota time periods. NMFS could not appropriately adjust the annual 
quotas for 2019 sooner because the data needed to make the 
determination (i.e., regarding 2018 underharvest) did not become 
available until recently, and additional time was needed for agency 
analysis and consideration of the data.
    Additionally, to prevent confusion and potential overharvests, 
these adjustments should be in place as soon as possible in order to 
allow the impacted sectors to benefit from any subsequent quota 
adjustments to the fishing categories, give them a reasonable 
opportunity to catch available quota, and provide them the opportunity 
for planning operations accordingly.
    This action is being taken under Sec.  635.27(a), (c), (e), 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: September 4, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2019-19476 Filed 9-9-19; 8:45 am]
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