[Federal Register Volume 85, Number 123 (Thursday, June 25, 2020)]
[Rules and Regulations]
[Pages 38091-38093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13704]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 120627194-3657-02; RTID 0648-XA222]
Atlantic Highly Migratory Species; North Atlantic Swordfish
Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is adjusting the Swordfish General Commercial permit
retention limits for the Northwest Atlantic, Gulf of Mexico, and U.S.
Caribbean regions for July through December of the 2020 fishing year,
unless further action is taken. The Swordfish General Commercial permit
retention limits in each of these regions are increased from the
regulatory default limits (either two or three fish) to six swordfish
per vessel per trip. The Swordfish General Commercial permit retention
limit in the Florida Swordfish Management Area will remain unchanged at
the default limit of zero swordfish per vessel per trip, as discussed
in more detail below. These adjustments apply to Swordfish General
Commercial permitted vessels and to Highly Migratory Species (HMS)
Charter/Headboat permitted vessels with a commercial endorsement 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 Swordfish General Commercial permit retention
limits in the Northwest Atlantic, Gulf of Mexico, and U.S. Caribbean
regions are effective from July 1, 2020, through December 31, 2020.
FOR FURTHER INFORMATION CONTACT: Rick Pearson, email:
[email protected] or phone 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
catching swordfish recreationally, and a reserve category, according to
the allocations established in the 2006 Consolidated Atlantic Highly
Migratory Species Fishery Management Plan (2006 Consolidated Atlantic
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.
In 2017, ICCAT Recommendation 17-02 specified that the overall
North Atlantic swordfish total allowable catch (TAC) be set at 9,925
metric tons (mt) dressed weight (dw) (13,200 mt whole weight (ww))
through 2021. Consistent with scientific advice, this was a reduction
of 500 mt ww (375.9 mt dw) from previous ICCAT-recommended TACs.
However, the United States' baseline quota remained at 2,937.6 mt dw
(3,907 mt ww) per year. The Recommendation (17-02) also continued to
limit underharvest carryover to 15 percent of a contracting party's
baseline quota. Thus, the United States may carry over a maximum of
440.6 mt dw (586.0 mt ww) of underharvest. Absent adjustments, the
codified baseline quota is 2,937.6 mt dw for 2020. At this time, given
the extent of expected underharvest in 2019, NMFS anticipates carrying
over the maximum allowable 15 percent (440.6 mt dw), which would result
in a final adjusted North Atlantic swordfish quota for the 2020 fishing
year equal to 3,378.2 mt dw (2,937.6 + 440.6 = 3,378.2 mt dw). As in
past years we anticipate allocating 50 mt dw from the adjusted quota to
the Reserve category for inseason adjustments/research and allocating
300 mt dw to the Incidental category, which includes recreational
landings and landings by incidental swordfish permit holders,
consistent with Sec. 635.27(c)(1)(i)(D) and (B). This would result in
an adjusted quota of 3,028.2 mt dw for the directed fishery, which
would be split equally (1,514.1 mt dw) between the two semi-annual
periods in 2020 (January through June, and July through December).
Adjustment of Swordfish General Commercial Permit Vessel Retention
Limits
The 2020 North Atlantic swordfish fishing year, which is managed on
a calendar-year basis and divided into two equal semi-annual quotas for
the directed fishery, began on January 1, 2020. Landings attributable
to the Swordfish General Commercial permit count 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
Swordfish 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 Swordfish
Management Area--zero swordfish per vessel per trip. The default
retention limits apply to Swordfish General Commercial permitted
vessels and to HMS Charter/Headboat permitted vessels with a commercial
endorsement 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
Swordfish 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: (A) The usefulness of information
obtained from biological sampling and monitoring of the North Atlantic
swordfish stock; (B) the estimated ability of vessels participating in
the
[[Page 38092]]
fishery to land the amount of swordfish quota available before the end
of the fishing year; (C) the estimated amounts by which quotas for
other categories of the fishery might be exceeded; (D) effects of the
adjustment on accomplishing the objectives of the fishery management
plan and its amendments; (E) variations in seasonal distribution,
abundance, or migration patterns of swordfish; (F) 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, (G) 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 Swordfish General Commercial permit retention
limit in all regions for July through December of the 2020 North
Atlantic swordfish fishing year. NMFS has determined that the Swordfish
General Commercial permit retention limits in the Northwest Atlantic,
Gulf of Mexico, and U.S. Caribbean regions applicable to persons issued
a Swordfish General Commercial permit or HMS Charter/Headboat permit
with a commercial endorsement (when on a non-for-hire trip) should be
increased from the default levels that would otherwise automatically
become effective on July 1, 2020, to six swordfish per vessel per trip
from July 1 through December 31, 2020, unless otherwise later noticed.
These are the same limits that were implemented through an inseason
adjustment for the period January 1 through June 30, 2020 (85 FR 14,
January 2, 2020). Given the rebuilt status of the stock and the
availability of quota, increasing the Swordfish General Commercial
permit retention limits in these three regions to six fish per vessel
per trip will increase the likelihood that directed swordfish landings
will approach, but not exceed, the available annual swordfish quota,
and increase the opportunity for catching swordfish during the 2020
fishing year.
In 2019, a six swordfish per vessel trip limit was in effect for
Swordfish General Commercial permit holders in the Northwest Atlantic,
Gulf of Mexico, and U.S. Caribbean regions for the entire fishing
season. As of December 31, 2019, this limit resulted in total annual
directed swordfish landings of approximately 986 mt dw, or 32.6 percent
of the 3,028.2 mt dw annual adjusted directed quota for 2019, which
includes landings under the six fish trip limit.
Among the regulatory criteria for inseason adjustments to retention
limits, and given the rebuilt status of the stock and availability of
quota, is the requirement that NMFS consider the ``effects of the
adjustment on accomplishing the objectives of the fishery management
plan and its amendments.'' See Sec. 635.24(b)(4)(iv)(D). A
consideration in deciding whether to increase the retention limit, in
this case, is the objective of providing opportunities to harvest the
full North Atlantic directed swordfish quota without exceeding it based
upon the 2006 Consolidated Atlantic 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.'' This action
will help preserve a traditional swordfish handgear fishery (rod and
reel, handline, harpoon, bandit gear, and greenstick). Although this
action does not specifically provide recreational fishing
opportunities, it will have a minimal impact on the recreational sector
because recreational landings are counted against a separate incidental
swordfish quota.
NMFS has examined dealer reports and landing trends and determined
that the information obtained from biological sampling and monitoring
of the North Atlantic swordfish stock is useful. See Sec.
635.24(b)(4)(iv)(A). Regarding the estimated ability of vessels
participating in the fishery to land the amount of swordfish quota
available before the end of the fishing year, Sec.
635.24(b)(4)(iv)(B), NMFS reviewed electronic dealer landings data,
which indicates that sufficient directed swordfish quota should be
available for the July through December 2020 semi-annual quota period
if recent swordfish landing trends continue. 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 in 2020.
Based upon recent landings rates from dealer reports, an increase in
the vessel retention limits to six fish for Swordfish General
Commercial permit holders and Charter/Headboat permit holders with a
commercial endorsement (when on a non-for-hire trip) in three regions
is not likely to cause quotas for other categories of the fishery to be
exceeded. See Sec. 635.24(b)(4)(iv)(C). Similarly, regarding the
criteria about 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, Sec.
635.24(b)(4)(iv)(F), we expect there to be sufficient swordfish quota
for the entirety of the 2020 fishing year. Thus, increased catch rates
in these three regions as a result of this action would not be expected
to preclude vessels in the other region (e.g., the buoy gear fishery in
the Florida Swordfish Management Area) from having a reasonable
opportunity to harvest a portion of the overall swordfish quota.
In making adjustments to the retention limits NMFS must also
consider variations in seasonal distribution, abundance, or migration
patterns of swordfish, and the availability of swordfish on the fishing
grounds. See Sec. 635.24(b)(4)(iv)(G). With regard to swordfish
abundance, the 2018 report by ICCAT's Standing Committee on Research
and Statistics indicated that the North Atlantic swordfish stock is not
overfished (B2015/Bmsy = 1.04), and overfishing
is not occurring (F2015/Fmsy = 0.78). Increasing
retention limits for the General Commercial directed fishery is not
expected to affect the swordfish stock status determination because any
additional landings would be within the ICCAT-recommended U.S. North
Atlantic swordfish quota allocation, which is consistent with
conservation and management measures to prevent overfishing on the
stock. Increasing opportunities by increasing retention limits from the
default levels beginning on July 1, 2020, 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 that the swordfish are present
in the area as they migrate.
Finally, another consideration, consistent with the FMP and its
amendments, is to continue to provide protection to important swordfish
nursery areas and migratory corridors. Therefore, NMFS has determined
that the retention limit for the Swordfish General Commercial permit
will remain at zero swordfish per vessel per trip in the Florida
Swordfish 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 nursery areas and migratory corridors. As described in
Amendment 8 to the 2006 Consolidated Atlantic HMS FMP (78 FR 52011,
August 21, 2013), the area off the southeastern coast of Florida,
particularly the Florida Straits, contains oceanographic features
[[Page 38093]]
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 Swordfish
Management Area and other regional retention limits. This action
therefore maintains a zero-fish retention limit in the Florida
Swordfish Management Area.
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 2020. This information indicates that
sufficient directed swordfish quota should be available from July 1
through December 31, 2020, at the higher retention levels, within the
limits of the scientifically-supported TAC and consistent with the
goals of the 2006 Consolidated Atlantic 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
2020 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 the 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 https://www.fisheries.noaa.gov/atlantic-highly-migratory-species/2020-atlantic-swordfish-landings-updates 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:
Based on recent data for the first semi-annual quota period, NMFS
has determined that landings have been very low through April 30, 2020
(21.9 percent of 1,318.8 mt dw quota). Adjustment of the retention
limits needs to be effective on July 1, 2020; otherwise lower, default
retention limits will apply. Delaying this action for prior notice and
public comment would unnecessarily limit opportunities to harvest
available directed swordfish quota, which may have negative social and
economic impacts for U.S. fishermen. If this action is delayed, some
fishermen may not benefit from the adjustment at all, given a short
period of access to the fishery due to seasonal fish migration. This
action does not raise conservation and management concerns. Adjusting
retention limits does not affect the overall, North Atlantic swordfish
U.S. quota, and available data show the adjustment would have a minimal
risk of exceeding the ICCAT-allocated quota. NMFS notes that the public
had an opportunity to comment on the underlying rulemakings that
established the U.S. swordfish quota and retention limit adjustment
criteria. 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: June 19, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-13704 Filed 6-24-20; 8:45 am]
BILLING CODE 3510-22-P