Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 38853-38855 [2017-17266]
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Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations
challenges to the rule’s underlying
premise or approach; or (2) why the
direct final rule will be ineffective or
unacceptable without a change. In
determining whether a comment
necessitates withdrawal of this direct
final rule, NASA will consider whether
it warrants a substantive response in a
notice and comment process.
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
Publication of proposed regulations’’,
41 U.S.C. 1707, is the statute which
applies to the publication of the Federal
Acquisition Regulation. Paragraph (a)(1)
of the statute requires that a
procurement policy, regulation,
procedure or form (including an
amendment or modification thereof)
must be published for public comment
if it relates to the expenditure of
appropriated funds, and has either a
significant effect beyond the internal
operating procedures of the agency
issuing the policy, regulation, procedure
or form, or has a significant cost or
administrative impact on contractors or
offerors. This direct final rule is not
required to be published for public
comment because it makes
nonsubstantive changes to Agency
regulations. It merely removes from the
NASA FAR Supplement a reference to
the NASA Acquisition Information
System (NAIS) posting system and
updates titles to agency-level directives.
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III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health, and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
NFS revision within the meaning of
FAR 1.501–1 and 41 U.S.C. 1707 and
therefore does not require publication
for public comment.
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38853
V. Paperwork Reduction Act
DEPARTMENT OF COMMERCE
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
National Oceanic and Atmospheric
Administration
List of Subjects in 48 CFR Part 1852
Manuel Quinones,
NASA FAR Supplement Manager.
PART 1852—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authority citation for part 1852
continues to read as follows:
■
Authority: 51 U.S.C. 20113(a) and 48 CFR
chapter 1.
[Amended]
2. Amend section 1852.215–77 by
removing from paragraph (e) last
sentence, the words ‘‘using the NAIS
Electronic Posting System’’.
■
[Amended]
3. Amend section 1852.245–82 by—
■ a. Revising the title and date of the
clause;
■ b. Removing in paragraph (a)(1) ‘‘NPD
8800.14, Policy for Real Property
Management’’ and adding ‘‘NPD
8800.14, Policy for Real Estate
Management’’ in its place; and
■ c. Removing in paragraph (a)(2) ‘‘NPD
8831.2, Facility Maintenance
Management’’ and adding ‘‘NPD 8831.2,
Facilities Maintenance and Operations
Management’’ in its place.
The revision reads as follows:
■
1852.245–82 Occupancy management
requirements.
*
*
*
*
*
Occupancy Management Requirements
(September 15, 2017)
*
*
*
*
*
[FR Doc. 2017–16962 Filed 8–15–17; 8:45 am]
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RIN 0648–XF606
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason quota
transfer.
AGENCY:
Accordingly, 48 CFR part 1852 is
amended as follows:
1852.245–82
[Docket No. 150121066–5717–02]
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
Government Procurement.
1852.215–77
50 CFR Part 635
NMFS is transferring 30
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the Reserve category
to the Harpoon category. With this
transfer, the adjusted Harpoon category
quota for the 2017 fishing season is 68.6
mt. The 2017 Harpoon category fishery
is open until November 15, 2017, or
until the Harpoon category quota is
reached, whichever comes first. The
action is based on consideration of the
regulatory determination criteria
regarding inseason adjustments, and
applies to Atlantic tunas Harpoon
category (commercial) permitted
vessels.
SUMMARY:
Effective August 11, 2017
through November 15, 2017.
DATES:
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)
and as implemented by the United
States 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 Amendment 7 to
the 2006 Consolidated HMS FMP
(Amendment 7) (79 FR 71510, December
2, 2014). NMFS is required under ATCA
and the Magnuson-Stevens Act to
provide U.S. fishing vessels with a
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38854
Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations
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reasonable opportunity to harvest the
ICCAT-recommended quota.
The base quotas for the Harpoon
category and Reserve category are 38.6
mt and 24.8 mt, respectively. See
§ 635.27(a). To date for 2017, NMFS has
published two actions that have
adjusted the available 2017 Reserve
category quota, which currently is 78 mt
(82 FR 12296, March 2, 2017, and 82 FR
12747, March 7, 2017). The 2017
Harpoon category fishery opened June 1
and is open through November 15, 2017,
or until the Harpoon category quota is
reached, whichever comes first.
Quota Transfer
Under § 635.27(a)(9), NMFS has the
authority to transfer quota among
fishing categories or subcategories, after
considering regulatory determination
criteria provided under § 635.27(a)(8).
NMFS has considered the relevant
determination criteria and their
applicability to the Harpoon category
fishery. These considerations include,
but are not limited to, the following:
Regarding the usefulness of
information obtained from catches in
the particular category for biological
sampling and monitoring of the status of
the stock (§ 635.27(a)(8)(i)), biological
samples collected from BFT landed by
Harpoon category fishermen and
provided by BFT dealers continue to
provide valuable data for ongoing
scientific studies of BFT age and
growth, migration, and reproductive
status. Additional opportunity to land
BFT in the Harpoon category would
support the continued collection of a
broad range of data for these studies and
for stock monitoring purposes.
NMFS also considered the catches of
the Harpoon category quota to date and
the likelihood of closure of that segment
of the fishery if no adjustment is made
(§ 635.27(a)(8)(ii) and (ix)). As of August
7, 2017, the Harpoon category has
landed 35.0 mt. Commercial-size BFT
are currently readily available to vessels
fishing under the Harpoon category
quota. Without a quota transfer at this
time, Harpoon category participants
would have to stop BFT fishing
activities with very short notice, while
commercial-sized BFT remain available
in the areas Harpoon category permitted
vessels operate. Transferring 30 mt of
BFT quota from the Reserve category
would result in a total of 68.6 mt being
available for the Harpoon category for
the 2017 Harpoon category fishing
season.
Regarding the projected ability of the
vessels fishing under the particular
category quota (here, the Harpoon
category) to harvest the additional
amount of BFT before the end of the
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fishing year (§ 635.27(a)(8)(iii)), NMFS
considered Harpoon category landings
over the last several years. Landings are
highly variable and depend on access to
commercial-sized BFT and fishing
conditions, among other factors. NMFS
anticipates that the Harpoon category
could harvest the transferred 30.0 mt
prior to the end of the Harpoon category
season, subject to weather conditions
and BFT availability. NMFS may
transfer unused Harpoon category quota
to other quota categories, as appropriate.
NMFS also anticipates that some
underharvest of the 2016 adjusted U.S.
BFT quota will be carried forward to
2017 and placed in the Reserve
category, in accordance with the
regulations. Thus, this quota transfer
would allow fishermen to take
advantage of the availability of fish on
the fishing grounds, consider the
expected increases in available 2017
quota later in the year, and provide a
reasonable opportunity to harvest the
full U.S. BFT quota.
NMFS also considered the estimated
amounts by which quotas for other gear
categories of the fishery might be
exceeded (§ 635.27(a)(8)(iv)) and the
ability to account for all 2017 landings
and dead discards. In the last several
years, total U.S. BFT landings have been
below the available U.S. quota such that
the United States has carried forward
the maximum amount of underharvest
allowed by ICCAT from one year to the
next. NMFS will need to account for
2017 landings and dead discards within
the adjusted U.S. quota, consistent with
ICCAT recommendations, and
anticipates having sufficient quota to do
that.
This transfer would be consistent
with the current quotas, which were
established and analyzed in the 2015
BFT quota final rule (80 FR 52198,
August 28, 2015), and with objectives of
the 2006 Consolidated HMS FMP and
amendments. (§ 635.27(a)(8)(v) and (vi)).
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 (related to
§ 635.27(a)(8)(x)).
Based on the considerations above,
NMFS is transferring 30.0 mt of the
available 78 mt of Reserve category
quota to the Harpoon category.
Therefore, NMFS adjusts the Harpoon
category quota to 68.6 mt for the 2017
Harpoon category fishing season (i.e.,
through November 15, 2017, or until the
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Harpoon category quota is reached,
whichever comes first), and adjusts the
Reserve category quota to 48.0 mt.
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.
Harpoon 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
or by using the HMS Catch Reporting
App. Depending on the level of fishing
effort and catch rates of BFT, NMFS
may determine that additional action
(i.e., quota and/or daily retention limit
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) 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 2017
is impracticable and contrary to the
public interest as such a delay would
likely result in closure of the Harpoon
fishery when the base quota is met and
the need to re-open the fishery, with
attendant administrative costs and costs
to the fishery. 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 these reasons, there also
is good cause under 5 U.S.C. 553(d) to
waive the 30-day delay in effectiveness.
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Federal Register / Vol. 82, No. 157 / Wednesday, August 16, 2017 / Rules and Regulations
This action is being taken under
§ 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.
38855
Dated: August 10, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–17266 Filed 8–11–17; 4:15 pm]
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]]>Agencies
[Federal Register Volume 82, Number 157 (Wednesday, August 16, 2017)]
[Rules and Regulations]
[Pages 38853-38855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17266]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 150121066-5717-02]
RIN 0648-XF606
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 30 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the Reserve category to the Harpoon category.
With this transfer, the adjusted Harpoon category quota for the 2017
fishing season is 68.6 mt. The 2017 Harpoon category fishery is open
until November 15, 2017, or until the Harpoon category quota is
reached, whichever comes first. The action is based on consideration of
the regulatory determination criteria regarding inseason adjustments,
and applies to Atlantic tunas Harpoon category (commercial) permitted
vessels.
DATES: Effective August 11, 2017 through November 15, 2017.
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) and as implemented by the United States 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 Amendment 7 to the 2006 Consolidated HMS FMP (Amendment 7) (79 FR
71510, December 2, 2014). NMFS is required under ATCA and the Magnuson-
Stevens Act to provide U.S. fishing vessels with a
[[Page 38854]]
reasonable opportunity to harvest the ICCAT-recommended quota.
The base quotas for the Harpoon category and Reserve category are
38.6 mt and 24.8 mt, respectively. See Sec. 635.27(a). To date for
2017, NMFS has published two actions that have adjusted the available
2017 Reserve category quota, which currently is 78 mt (82 FR 12296,
March 2, 2017, and 82 FR 12747, March 7, 2017). The 2017 Harpoon
category fishery opened June 1 and is open through November 15, 2017,
or until the Harpoon category quota is reached, whichever comes first.
Quota Transfer
Under Sec. 635.27(a)(9), NMFS has the authority to transfer quota
among fishing categories or subcategories, after considering regulatory
determination criteria provided under Sec. 635.27(a)(8). NMFS has
considered the relevant determination criteria and their applicability
to the Harpoon category fishery. These considerations include, but are
not limited to, the following:
Regarding the usefulness of information obtained from catches in
the particular category for biological sampling and monitoring of the
status of the stock (Sec. 635.27(a)(8)(i)), biological samples
collected from BFT landed by Harpoon category fishermen and provided by
BFT dealers continue to provide valuable data for ongoing scientific
studies of BFT age and growth, migration, and reproductive status.
Additional opportunity to land BFT in the Harpoon category would
support the continued collection of a broad range of data for these
studies and for stock monitoring purposes.
NMFS also considered the catches of the Harpoon category quota to
date and the likelihood of closure of that segment of the fishery if no
adjustment is made (Sec. 635.27(a)(8)(ii) and (ix)). As of August 7,
2017, the Harpoon category has landed 35.0 mt. Commercial-size BFT are
currently readily available to vessels fishing under the Harpoon
category quota. Without a quota transfer at this time, Harpoon category
participants would have to stop BFT fishing activities with very short
notice, while commercial-sized BFT remain available in the areas
Harpoon category permitted vessels operate. Transferring 30 mt of BFT
quota from the Reserve category would result in a total of 68.6 mt
being available for the Harpoon category for the 2017 Harpoon category
fishing season.
Regarding the projected ability of the vessels fishing under the
particular category quota (here, the Harpoon category) to harvest the
additional amount of BFT before the end of the fishing year (Sec.
635.27(a)(8)(iii)), NMFS considered Harpoon category landings over the
last several years. Landings are highly variable and depend on access
to commercial-sized BFT and fishing conditions, among other factors.
NMFS anticipates that the Harpoon category could harvest the
transferred 30.0 mt prior to the end of the Harpoon category season,
subject to weather conditions and BFT availability. NMFS may transfer
unused Harpoon category quota to other quota categories, as
appropriate. NMFS also anticipates that some underharvest of the 2016
adjusted U.S. BFT quota will be carried forward to 2017 and placed in
the Reserve category, in accordance with the regulations. Thus, this
quota transfer would allow fishermen to take advantage of the
availability of fish on the fishing grounds, consider the expected
increases in available 2017 quota later in the year, and provide a
reasonable opportunity to harvest the full U.S. BFT quota.
NMFS also considered the estimated amounts by which quotas for
other gear categories of the fishery might be exceeded (Sec.
635.27(a)(8)(iv)) and the ability to account for all 2017 landings and
dead discards. In the last several years, total U.S. BFT landings have
been below the available U.S. quota such that the United States has
carried forward the maximum amount of underharvest allowed by ICCAT
from one year to the next. NMFS will need to account for 2017 landings
and dead discards within the adjusted U.S. quota, consistent with ICCAT
recommendations, and anticipates having sufficient quota to do that.
This transfer would be consistent with the current quotas, which
were established and analyzed in the 2015 BFT quota final rule (80 FR
52198, August 28, 2015), and with objectives of the 2006 Consolidated
HMS FMP and amendments. (Sec. 635.27(a)(8)(v) and (vi)). 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 (related to Sec. 635.27(a)(8)(x)).
Based on the considerations above, NMFS is transferring 30.0 mt of
the available 78 mt of Reserve category quota to the Harpoon category.
Therefore, NMFS adjusts the Harpoon category quota to 68.6 mt for the
2017 Harpoon category fishing season (i.e., through November 15, 2017,
or until the Harpoon category quota is reached, whichever comes first),
and adjusts the Reserve category quota to 48.0 mt.
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. Harpoon 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 or by
using the HMS Catch Reporting App. Depending on the level of fishing
effort and catch rates of BFT, NMFS may determine that additional
action (i.e., quota and/or daily retention limit 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) 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 2017 is
impracticable and contrary to the public interest as such a delay would
likely result in closure of the Harpoon fishery when the base quota is
met and the need to re-open the fishery, with attendant administrative
costs and costs to the fishery. 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 these reasons, there also is good
cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.
[[Page 38855]]
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: August 10, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2017-17266 Filed 8-11-17; 4:15 pm]
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