[Federal Register Volume 87, Number 135 (Friday, July 15, 2022)]
[Rules and Regulations]
[Pages 42373-42374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-15203]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 220-711-0152; RTID 0648-XB986]


Atlantic Highly Migratory Species; Adjustments to 2022 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 2022 baseline quotas for U.S. North and South 
Atlantic swordfish based on available underharvest of the 2021 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). This action to adjust the quotas is only temporary and 
will be effective through December 31, 2022. On January 1, 2023, the 
unadjusted annual baseline allocations of North and South Atlantic 
swordfish will renew and be available to harvest consistent with HMS 
regulations.

DATES: Effective August 15, 2022, through December 31, 2022.

ADDRESSES: Supporting documents, including environmental assessments 
and environmental impact statements, as well as the 2006 Consolidated 
Atlantic Highly Migratory Species (HMS) Fishery Management Plan (FMP) 
and its amendments may be downloaded from NOAA Fisheries' HMS Division 
website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species. These documents also are available upon request from 
Erianna Hammond or Steve Durkee at the email addresses and telephone 
number below.

FOR FURTHER INFORMATION CONTACT: Erianna Hammond 
(<a href="/cdn-cgi/l/email-protection#6603140f07080807480e070b0b090802260809070748010910"><span class="__cf_email__" data-cfemail="b4d1c6ddd5dadad59adcd5d9d9dbdad0f4dadbd5d59ad3dbc2">[email protected]</span></a>) or Steve Durkee (<a href="/cdn-cgi/l/email-protection#592a2d3c2f3c773d2c2b323c3c1937363838773e362f"><span class="__cf_email__" data-cfemail="a1d2d5c4d7c48fc5d4d3cac4c4e1cfcec0c08fc6ced7">[email protected]</span></a>) at 
301-427-8503.

SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries, including swordfish 
fisheries, are managed under the authority of ATCA (16 U.S.C. 971 et 
seq.) and the Magnuson-Stevens Act (16 U.S.C. 1801 et seq.). The 2006 
Consolidated HMS FMP and its amendments are implemented by regulations 
at 50 CFR part 635. Section 635.27(c) implements the ICCAT-recommended 
quotas and describes the quota adjustment process for both North and 
South Atlantic swordfish. NMFS is required under the Magnuson-Stevens 
Act to provide U.S. fishing vessels with a reasonable opportunity to 
harvest quotas under relevant international fishery agreements such as 
the ICCAT Convention, which is implemented domestically pursuant to 
ATCA.

North Atlantic Swordfish Annual Quota and Adjustment Process

    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 catch 
information for the prior year is available. Under ICCAT Recommendation 
16-03, as amended by Recommendation 21-02, the U.S. North Atlantic 
swordfish baseline annual quota for 2018 through 2022 is 2,937.6 metric 
tons (mt) dressed weight (dw) (3,907 mt whole weight (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 mt ww) for the United States. In 2021, the adjusted North Atlantic 
swordfish quota was 3,378.2 mt dw (2,937.6 mt dw baseline quota + 440.6 
mt dw carried over from 2020).
    Preliminary total 2021 U.S. North Atlantic swordfish catch, which 
includes landings and dead discards, was 961.8 mt dw, which is an 
underharvest of 2,416.4 mt dw of the 2021 adjusted quota. This 
underharvest exceeds the 440.6-mt dw underharvest carryover limit 
allowed under Recommendation 21-02. 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 
2022 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 covers recreational 
landings and landings by incidental swordfish permit holders, in 
accordance with regulations at Sec.  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 2022 (January 
through June, and July through December) (Table 1).

South Atlantic Swordfish Annual Quota and Adjustment Process

    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 catch 
information for the prior year is available. Under ICCAT Recommendation 
17-03 as amended by Recommendation 21-03, the U.S. South Atlantic 
swordfish baseline annual quota for 2018 through 2022 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 100 percent of the baseline 
quota (75.2 mt dw). Under Recommendations 17-03 and 21-03, the United 
States continues 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.
    Since 2014, the annual U.S. adjusted South Atlantic swordfish quota 
has been

[[Page 42374]]

75.1 mt dw due to 0.1 mt dw of landings in 2013. Since the United 
States is allocated 75.2 mt dw of South Atlantic swordfish quota each 
year and 75.2 mt dw of South Atlantic swordfish quota is transferred to 
other countries each year, underharvest of the previous year largely 
drives the U.S. adjusted quota total for the stock. Since there was 0.1 
mt of South Atlantic swordfish landed in 2013, there was only 75.1 mt 
dw of underharvest available for 2014 resulting in an adjusted quota of 
75.1 mt dw for the 2014 fishing year. Similarly, subsequent years only 
had 75.1 mt dw of underharvest available each year to transfer to the 
next, resulting in a 75.1-mt dw adjusted quota each year through 2021. 
To fix this minor accounting issue, the United States reduced its quota 
transfer to Belize in 2022 by 0.1 mt dw, as reflected in the 2021 ICCAT 
compliance tables endorsed by the Commission at the 2021 Annual 
Meeting.
    U.S. fishermen landed no South Atlantic swordfish in 2021. The 
United States had 75.1 mt dw of quota available for accounting in 2021. 
Therefore, 75.1 mt dw of underharvest is available to carry over to 
2022. 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 75.1 mt dw of annual 
international quota transfers outlined above, including the minor 
reduction in the quota transfer to Belize for 2022, resulting in an 
adjusted South Atlantic swordfish quota of 75.2 mt dw for the 2022 
fishing year (Table 1).

         Table 1--2022 North and South Atlantic Swordfish Quotas
------------------------------------------------------------------------
                                               2021            2022
------------------------------------------------------------------------
North Atlantic swordfish Quota (mt dw):
    Baseline Quota......................         2,937.6         2,937.6
    International Quota Transfer........               0               0
    Total Underharvest from Previous            2,278.12         2,416.4
     Year...............................
    Underharvest Carryover from Previous        (+)440.6        (+)440.6
     Year [dagger]......................
    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         (-)75.1
    Total Underharvest from Previous                75.1            75.1
     Year...............................
    Underharvest Carryover from Previous            75.1            75.1
     Year [dagger]......................
    Adjusted quota......................            75.1            75.2
------------------------------------------------------------------------
[dagger] 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 ICCAT Recommendations 17-03 and 21-03, 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). As detailed in the South Atlantic Swordfish Annual
  Quota and Adjustment Process section, the United States transferred
  18.7 mt dw (24.94 mt ww) to Belize for 2022, resulting in total
  international quota transfers of 75.1 mt dw (99.94 mt ww).

Classification

    NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Act. The NMFS Assistant Administrator (AA) has determined that 
this final rule is consistent with the 2006 Consolidated Atlantic HMS 
FMP and amendments, 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 is unnecessary and would be 
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 process 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 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 redundant to provide an opportunity for public comment on 
this action. There are no new quotas for 2022, and the quota formulas 
are the same as in previous years. NMFS therefore is issuing this 
temporary final rule to adjust the North and South Atlantic swordfish 
quotas for 2022 without prior notice and an additional opportunity for 
comment. Actions to adjust the swordfish quotas based on the previous 
year's underharvest occur annually and the affected community expects 
similar adjustments in 2022. This action to adjust the 2022 quotas 
could not occur earlier in the year because preliminary 2021 landings 
data were not available until recently.
    This action 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 12, 2022.
Kimberly Damon-Randall,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
[FR Doc. 2022-15203 Filed 7-14-22; 8:45 am]
BILLING CODE 3510-22-P


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