Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 68265-68267 [2015-28070]

Download as PDF Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Rules and Regulations Risks and Safety Risks’’ (62 FR 19885, April 23, 1997). This final rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any special considerations under Executive Order 12898, entitled ‘‘Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations’’ (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerance in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply. This final rule directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000) do not apply to this final rule. In addition, this final rule does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (2 U.S.C. 1501 et seq.). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act of 1995 (NTTAA) (15 U.S.C. 272 note). rmajette on DSK7SPTVN1PROD with RULES VII. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal VerDate Sep<11>2014 13:40 Nov 03, 2015 Jkt 238001 Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. Dated: October 21, 2015. G. Jeffrey Herndon, Director, Registration Division, Office of Pesticide Programs. Therefore, 40 CFR chapter I is amended as follows: PART 180—[AMENDED] 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. 2. In § 180.454, revise paragraph (a) introductory text and add alphabetically the following commodities to the table and revise paragraph (b) to read as follows: ■ § 180.454 Nicosulfuron; tolerances for residues. (a) General. Tolerances are established for residues of the herbicide nicosulfuron, including its metabolites and degradates, in or on the commodities in the following table. Compliance with the tolerance levels specified in the following table is to be determined by measuring only nicosulfuron, 2-[[[[(4,6-dimethoxy-2pyrimidinyl)amino]carbonyl]amino] sulfonyl]-N,N-dimethyl-3-pyridine carboxamide. 68265 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150121066–5717–02] RIN 0648–XE242 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; inseason quota transfer. AGENCY: NMFS is transferring 35 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Harpoon category and 65 mt from the Reserve category to the General category for the remainder of the 2015 fishing year. This transfer results in adjusted quotas of 566.7 mt, 43.6 mt and 82.1 mt for the General, Harpoon, and Reserve categories, respectively. This action is based on consideration of the regulatory determination criteria regarding inseason adjustments and applies to Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels when fishing commercially for BFT. SUMMARY: Effective October 30, 2015 through December 31, 2015. DATES: FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, 978–281–9260. SUPPLEMENTARY INFORMATION: Regulations implemented under the Parts per authority of the Atlantic Tunas Commodity million Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act * * * * * Sorghum, grain, forage ............. 0.3 (Magnuson-Stevens Act; 16 U.S.C. 1801 Sorghum, grain, grain ............... 0.8 et seq.) governing the harvest of BFT by Sorghum, grain, stover ............. 0.05 persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section 635.27 subdivides the U.S. (b) Section 18 emergency exemptions. BFT quota recommended by the [Reserved] International Commission for the * * * * * Conservation of Atlantic Tunas (ICCAT) [FR Doc. 2015–27887 Filed 11–3–15; 8:45 am] among the various domestic fishing BILLING CODE 6560–50–P categories, per 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 by the recently published Amendment 7 to the 2006 Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014). NMFS PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\04NOR1.SGM 04NOR1 68266 Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Rules and Regulations rmajette on DSK7SPTVN1PROD with RULES is required under ATCA and the Magnuson-Stevens Act to provide U.S. fishing vessels with a reasonable opportunity to harvest the ICCATrecommended quota. This paragraph describes the current General, Harpoon, and Reserve category quotas, prior to the adjustments taken in this inseason action. NMFS recently implemented a final rule that increased the U.S. BFT quota and subquotas per ICCAT Recommendation 14–05 (80 FR 52198, August 28, 2015). The base quotas for the General category, the Harpoon category, and the Reserve category are 466.7 mt, 38.6 mt, and 24.8 mt, respectively. See § 635.27(a). Each of the General category time periods (January, June through August, September, October through November, and December) is allocated a portion of the annual General category quota. Although it is called the ‘‘January’’ subquota, the regulations allow the General category fishery under this quota to continue until the subquota is reached or March 31, whichever comes first. Based on the General category quota of 466.7 mt, the subquotas for each time period are as follows: 24.7 mt for January; 233.3 mt for June through August; 123.7 mt for September; 60.7 mt for October through November; and 24.3 mt for December. Any unused General category quota rolls forward within the fishing year, which coincides with the calendar year, from one time period to the next, and is available for use in subsequent time periods. To date, NMFS has published three inseason quota transfers that have adjusted the available 2015 Reserve category quota, which currently is 147.1 mt (80 FR 7547, February 22, 2015; 80 FR 45098, July 29, 2015; and 80 FR 46516, August 5, 2015). The adjusted Harpoon category quota, following transfer of 40 mt from the Reserve category in the third of the above three inseason transfers as well as implementation of the final BFT quota rule, is 78.6 mt. Inseason Transfer The 2015 General category fishery was open January 1, 2015, through March 31, 2015, reopened June 1, 2015, and remains open until December 31, 2015, or until the General category quota is reached, whichever comes first. Under § 635.27(a)(9), NMFS has the authority to transfer quota among fishing categories or subcategories, after considering determination criteria provided under § 635.27(a)(8), including the five new criteria recently added in Amendment 7, which include: The usefulness of information obtained from catches in the particular category for biological sampling and monitoring of VerDate Sep<11>2014 13:40 Nov 03, 2015 Jkt 238001 the status of the stock; the catches of the particular category quota to date and the likelihood of closure of that segment of the fishery if no adjustment is made; the projected ability of the vessels fishing under the particular category quota to harvest the additional amount of BFT before the end of the fishing year; the estimated amounts by which quotas for other gear categories of the fishery might be exceeded; effects of the adjustment on BFT rebuilding and overfishing; effects of the adjustment on accomplishing the objectives of the fishery management plan; variations in seasonal distribution, abundance, or migration patterns of BFT; effects of catch rates in one area precluding vessels in another area from having a reasonable opportunity to harvest a portion of the category’s quota; review of dealer reports, daily landing trends, and the availability of the BFT on the fishing grounds; optimizing fishing opportunity; accounting for dead discards, facilitating quota monitoring, supporting other fishing monitoring programs through quota allocations and/ or generation of revenue; and support of research through quota allocations and/ or generation of revenue. NMFS has considered the determination criteria regarding inseason adjustments and their applicability to the General category fishery for the end of 2015. These considerations include, but are not limited to, the following: Biological samples collected from BFT landed by General category fishermen and provided by tuna dealers continue to provide NMFS with valuable parts and data for ongoing scientific studies of BFT age and growth, migration, and reproductive status. Additional opportunity to land BFT would support the collection of a broad range of data for these studies and for stock monitoring purposes. Another principal consideration is the objective of providing opportunities to harvest the full annual U.S. BFT quota without exceeding it based on the goals of the 2006 Consolidated HMS FMP and Amendment 7, including to achieve optimum yield on a continuing basis and to optimize the ability of all permit categories to harvest their full BFT quota allocations. General category landings in the winter BFT fishery, which typically begins in December or January each year, are highly variable and depend on availability of commercial-sized BFT to participants. Commercial-sized BFT continue to be landed by General category vessels. As of October 27, 2015, the General category has landed 458.8 mt, or 98 percent of its 2015 quota of 466.7 mt. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 Without a quota transfer at this time, NMFS would have to close the 2015 General category fishery as the currently available General category quota would be reached shortly. Overall, approximately 68 percent of the commercial BFT subquotas of 836.5 mt has been harvested. Approximately 90 mt of the Purse Seine and Harpoon categories may remain unused and activity in those categories has stopped for the year. NMFS will need to account for 2015 landings and dead discards within the adjusted U.S. quota, consistent with ICCAT recommendations, and anticipates having sufficient quota to do that even with this transfer. This quota transfer would provide additional opportunities to harvest the U.S. bluefin quota without exceeding it, while preserving the opportunity for General category fishermen to participate in the winter BFT fishery. This action is consistent with the quotas recently established and analyzed in the BFT tuna quota final rule (80 FR 52198, August 28, 2015), and consistent with objectives of the 2006 Consolidated HMS FMP and Amendments, and is not expected to negatively impact stock health. Based on the considerations above, NMFS is transferring 35 mt of Harpoon category quota and 65 mt of Reserve category quota to the General category for the remainder of 2015, resulting in adjusted quotas of 566.7 mt, 43.6 mt and 82.1 mt for the General, Harpoon, and Reserve categories, respectively. NMFS will close the 2015 General category fishery when the adjusted General category quota of 566.7 mt has been reached, or it will close automatically on December 31, 2015. Monitoring and Reporting NMFS will continue to monitor the BFT fishery closely. Dealers are required to submit landing reports within 24 hours of a dealer receiving BFT. General, HMS Charter/Headboat, Harpoon, and Angling category vessel owners are required to report the catch of all BFT retained or discarded dead, within 24 hours of the landing(s) or end of each trip, by accessing hmspermits.noaa.gov. Depending on the level of fishing effort and catch rates of BFT, NMFS may determine that additional adjustment or closure is necessary to ensure available quota is not exceeded or to enhance scientific data collection from, and fishing opportunities in, all geographic areas. If needed, subsequent adjustments will be published in the Federal Register. In addition, fishermen may call the Atlantic Tunas Information Line at (978) E:\FR\FM\04NOR1.SGM 04NOR1 Federal Register / Vol. 80, No. 213 / Wednesday, November 4, 2015 / Rules and Regulations 281–9260, or access hmspermits.noaa.gov, for updates on quota monitoring and inseason adjustments. DEPARTMENT OF COMMERCE Classification 50 CFR Part 679 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 and Amendments provide for inseason retention limit adjustments to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. Affording prior notice and opportunity for public comment to implement the quota transfer for the remainder of 2015 is impracticable as it would preclude NMFS from acting promptly to allow continued harvest of BFT that are available on the fishing grounds via a quota transfer from the Harpoon and Reserve categories to the General category. The delay would preclude the fishery from harvesting BFT that are available on the fishing grounds and that might otherwise become unavailable during a delay. 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 good cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness. This action is being taken under § 635.27(a)(9) and is exempt from review under Executive Order 12866. [Docket No. 140918791–4999–02] National Oceanic and Atmospheric Administration Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: October 30, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015–28070 Filed 10–30–15; 4:15 pm] rmajette on DSK7SPTVN1PROD with RULES BILLING CODE 3510–22–P VerDate Sep<11>2014 13:40 Nov 03, 2015 Jkt 238001 RIN 0648–XE296 Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish in the West Yakutat District of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting retention of sablefish by vessels using trawl gear in the West Yakutat District of the Gulf of Alaska (GOA). This action is necessary because the 2015 total allowable catch of sablefish allocated to vessels using trawl gear in the West Yakutat District of the GOA will be reached. DATES: Effective 1200 hours, Alaska local time (A.l.t.), October 30, 2015, through 2400 hours, A.l.t., December 31, 2015. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The 2015 total allowable catch (TAC) of sablefish allocated to vessels using trawl gear in the West Yakutat District of the GOA is 220 metric tons (mt) as established by the final 2015 and 2016 harvest specifications for groundfish of the GOA (80 FR 10250, February 25, 2015). SUMMARY: PO 00000 Frm 00025 Fmt 4700 Sfmt 9990 68267 In accordance with § 679.20(d)(2), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2015 TAC of sablefish allocated to vessels using trawl gear in the West Yakutat District of the GOA will be reached. Therefore, NMFS is requiring that sablefish caught by vessels using trawl gear in the West Yakutat District of the GOA be treated as prohibited species in accordance with § 679.21(b). Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay prohibiting the retention of sablefish by vessels using trawl gear in the West Yakutat District of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of October 28, 2015. The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment. This action is required by § 679.20 and § 679.21 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: October 30, 2015. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2015–28071 Filed 10–30–15; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\04NOR1.SGM 04NOR1

Agencies

[Federal Register Volume 80, Number 213 (Wednesday, November 4, 2015)]
[Rules and Regulations]
[Pages 68265-68267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28070]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 150121066-5717-02]
RIN 0648-XE242


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; inseason quota transfer.

-----------------------------------------------------------------------

SUMMARY: NMFS is transferring 35 metric tons (mt) of Atlantic bluefin 
tuna (BFT) quota from the Harpoon category and 65 mt from the Reserve 
category to the General category for the remainder of the 2015 fishing 
year. This transfer results in adjusted quotas of 566.7 mt, 43.6 mt and 
82.1 mt for the General, Harpoon, and Reserve categories, respectively. 
This action is based on consideration of the regulatory determination 
criteria regarding inseason adjustments and applies to Atlantic tunas 
General category (commercial) permitted vessels and Highly Migratory 
Species (HMS) Charter/Headboat category permitted vessels when fishing 
commercially for BFT.

DATES: Effective October 30, 2015 through December 31, 2015.

FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, 978-
281-9260.

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 BFT by 
persons and vessels subject to U.S. jurisdiction are found at 50 CFR 
part 635. Section 635.27 subdivides the U.S. BFT quota recommended by 
the International Commission for the Conservation of Atlantic Tunas 
(ICCAT) among the various domestic fishing categories, per 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 by the recently published Amendment 
7 to the 2006 Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 
2, 2014). NMFS

[[Page 68266]]

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.
    This paragraph describes the current General, Harpoon, and Reserve 
category quotas, prior to the adjustments taken in this inseason 
action. NMFS recently implemented a final rule that increased the U.S. 
BFT quota and subquotas per ICCAT Recommendation 14-05 (80 FR 52198, 
August 28, 2015). The base quotas for the General category, the Harpoon 
category, and the Reserve category are 466.7 mt, 38.6 mt, and 24.8 mt, 
respectively. See Sec.  635.27(a). Each of the General category time 
periods (January, June through August, September, October through 
November, and December) is allocated a portion of the annual General 
category quota. Although it is called the ``January'' subquota, the 
regulations allow the General category fishery under this quota to 
continue until the subquota is reached or March 31, whichever comes 
first. Based on the General category quota of 466.7 mt, the subquotas 
for each time period are as follows: 24.7 mt for January; 233.3 mt for 
June through August; 123.7 mt for September; 60.7 mt for October 
through November; and 24.3 mt for December. Any unused General category 
quota rolls forward within the fishing year, which coincides with the 
calendar year, from one time period to the next, and is available for 
use in subsequent time periods. To date, NMFS has published three 
inseason quota transfers that have adjusted the available 2015 Reserve 
category quota, which currently is 147.1 mt (80 FR 7547, February 22, 
2015; 80 FR 45098, July 29, 2015; and 80 FR 46516, August 5, 2015). The 
adjusted Harpoon category quota, following transfer of 40 mt from the 
Reserve category in the third of the above three inseason transfers as 
well as implementation of the final BFT quota rule, is 78.6 mt.

Inseason Transfer

    The 2015 General category fishery was open January 1, 2015, through 
March 31, 2015, reopened June 1, 2015, and remains open until December 
31, 2015, or until the General category quota is reached, whichever 
comes first.
    Under Sec.  635.27(a)(9), NMFS has the authority to transfer quota 
among fishing categories or subcategories, after considering 
determination criteria provided under Sec.  635.27(a)(8), including the 
five new criteria recently added in Amendment 7, which include: The 
usefulness of information obtained from catches in the particular 
category for biological sampling and monitoring of the status of the 
stock; the catches of the particular category quota to date and the 
likelihood of closure of that segment of the fishery if no adjustment 
is made; the projected ability of the vessels fishing under the 
particular category quota to harvest the additional amount of BFT 
before the end of the fishing year; the estimated amounts by which 
quotas for other gear categories of the fishery might be exceeded; 
effects of the adjustment on BFT rebuilding and overfishing; effects of 
the adjustment on accomplishing the objectives of the fishery 
management plan; variations in seasonal distribution, abundance, or 
migration patterns of BFT; effects of catch rates in one area 
precluding vessels in another area from having a reasonable opportunity 
to harvest a portion of the category's quota; review of dealer reports, 
daily landing trends, and the availability of the BFT on the fishing 
grounds; optimizing fishing opportunity; accounting for dead discards, 
facilitating quota monitoring, supporting other fishing monitoring 
programs through quota allocations and/or generation of revenue; and 
support of research through quota allocations and/or generation of 
revenue.
    NMFS has considered the determination criteria regarding inseason 
adjustments and their applicability to the General category fishery for 
the end of 2015. These considerations include, but are not limited to, 
the following: Biological samples collected from BFT landed by General 
category fishermen and provided by tuna dealers continue to provide 
NMFS with valuable parts and data for ongoing scientific studies of BFT 
age and growth, migration, and reproductive status. Additional 
opportunity to land BFT would support the collection of a broad range 
of data for these studies and for stock monitoring purposes. Another 
principal consideration is the objective of providing opportunities to 
harvest the full annual U.S. BFT quota without exceeding it based on 
the goals of the 2006 Consolidated HMS FMP and Amendment 7, including 
to achieve optimum yield on a continuing basis and to optimize the 
ability of all permit categories to harvest their full BFT quota 
allocations. General category landings in the winter BFT fishery, which 
typically begins in December or January each year, are highly variable 
and depend on availability of commercial-sized BFT to participants. 
Commercial-sized BFT continue to be landed by General category vessels.
    As of October 27, 2015, the General category has landed 458.8 mt, 
or 98 percent of its 2015 quota of 466.7 mt. Without a quota transfer 
at this time, NMFS would have to close the 2015 General category 
fishery as the currently available General category quota would be 
reached shortly. Overall, approximately 68 percent of the commercial 
BFT subquotas of 836.5 mt has been harvested. Approximately 90 mt of 
the Purse Seine and Harpoon categories may remain unused and activity 
in those categories has stopped for the year. NMFS will need to account 
for 2015 landings and dead discards within the adjusted U.S. quota, 
consistent with ICCAT recommendations, and anticipates having 
sufficient quota to do that even with this transfer.
    This quota transfer would provide additional opportunities to 
harvest the U.S. bluefin quota without exceeding it, while preserving 
the opportunity for General category fishermen to participate in the 
winter BFT fishery. This action is consistent with the quotas recently 
established and analyzed in the BFT tuna quota final rule (80 FR 52198, 
August 28, 2015), and consistent with objectives of the 2006 
Consolidated HMS FMP and Amendments, and is not expected to negatively 
impact stock health.
    Based on the considerations above, NMFS is transferring 35 mt of 
Harpoon category quota and 65 mt of Reserve category quota to the 
General category for the remainder of 2015, resulting in adjusted 
quotas of 566.7 mt, 43.6 mt and 82.1 mt for the General, Harpoon, and 
Reserve categories, respectively. NMFS will close the 2015 General 
category fishery when the adjusted General category quota of 566.7 mt 
has been reached, or it will close automatically on December 31, 2015.

Monitoring and Reporting

    NMFS will continue to monitor the BFT fishery closely. Dealers are 
required to submit landing reports within 24 hours of a dealer 
receiving BFT. General, HMS Charter/Headboat, Harpoon, and Angling 
category vessel owners are required to report the catch of all BFT 
retained or discarded dead, within 24 hours of the landing(s) or end of 
each trip, by accessing hmspermits.noaa.gov. Depending on the level of 
fishing effort and catch rates of BFT, NMFS may determine that 
additional adjustment or closure is necessary to ensure available quota 
is not exceeded or to enhance scientific data collection from, and 
fishing opportunities in, all geographic areas. If needed, subsequent 
adjustments will be published in the Federal Register. In addition, 
fishermen may call the Atlantic Tunas Information Line at (978)

[[Page 68267]]

281-9260, or access hmspermits.noaa.gov, for updates on quota 
monitoring and inseason adjustments.

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 and 
Amendments provide for inseason retention limit adjustments to respond 
to the unpredictable nature of BFT availability on the fishing grounds, 
the migratory nature of this species, and the regional variations in 
the BFT fishery.
    Affording prior notice and opportunity for public comment to 
implement the quota transfer for the remainder of 2015 is impracticable 
as it would preclude NMFS from acting promptly to allow continued 
harvest of BFT that are available on the fishing grounds via a quota 
transfer from the Harpoon and Reserve categories to the General 
category. The delay would preclude the fishery from harvesting BFT that 
are available on the fishing grounds and that might otherwise become 
unavailable during a delay. 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 good cause under 5 
U.S.C. 553(d) to waive the 30-day delay in effectiveness.
    This action is being taken under Sec.  635.27(a)(9) and is exempt 
from review under Executive Order 12866.

    Authority: 16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: October 30, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2015-28070 Filed 10-30-15; 4:15 pm]
 BILLING CODE 3510-22-P