Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 38143-38145 [2019-16733]
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Federal Register / Vol. 84, No. 151 / Tuesday, August 6, 2019 / Rules and Regulations
VI. Statutory and Executive Order
Reviews
This action establishes tolerances
under FFDCA section 408(d) in
response to a petition submitted to the
Agency. The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this action
has been exempted from review under
Executive Order 12866, this action is
not subject to Executive Order 13211,
entitled ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) or Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997), nor is it considered a
regulatory action under Executive Order
13771, entitled ‘‘Reducing Regulations
and Controlling Regulatory Costs’’ (82
FR 9339, February 3, 2017). This action
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 action 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
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67249, November 9, 2000) do not apply
to this action. In addition, this action
does not impose any enforceable duty or
contain any unfunded mandate as
described under Title II of the Unfunded
Mandates Reform Act (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
(NTTAA) (15 U.S.C. 272 note).
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
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
38143
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 180117042–8884–02]
RIN 0648–XT010
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 15
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 2019 fishing season is 91
mt. The 2019 Harpoon category fishery
is open until November 15, 2019, or
List of Subjects in 40 CFR Part 180
until the Harpoon category quota is
reached, whichever comes first. The
Environmental protection,
action is based on consideration of the
Administrative practice and procedure,
regulatory determination criteria
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping regarding inseason adjustments, and
applies to Atlantic tunas Harpoon
requirements.
category (commercial) permitted
Dated: July 23, 2019.
vessels.
Donna Davis,
DATES: Effective August 1, 2019, through
Acting Director, Registration Division, Office
November 15, 2019.
of Pesticide Programs.
FOR FURTHER INFORMATION CONTACT:
Therefore, 40 CFR chapter I is
Sarah McLaughlin, 978–281–9260, or
amended as follows:
Larry Redd, 301–427–8503.
PART 180—[AMENDED]
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
■ 1. The authority citation for part 180
authority of the Atlantic Tunas
continues to read as follows:
Convention Act (ATCA; 16 U.S.C. 971 et
Authority: 21 U.S.C. 321(q), 346a and 371.
seq.) and the Magnuson-Stevens Fishery
Conservation and Management Act
■ 2. In § 180.609(a)(1), amend the table
(Magnuson-Stevens Act; 16 U.S.C. 1801
by adding alphabetically the
et seq.) governing the harvest of BFT by
commodities ‘‘Cotton, gin byproducts’’
persons and vessels subject to U.S.
and ‘‘Cotton, undelinted seed’’ to read
jurisdiction are found at 50 CFR part
as follows:
635. Section 635.27 subdivides the U.S.
§ 180.609 Fluoxastrobin; tolerances for
BFT quota recommended by the
residues.
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
(a) * * *
and as implemented by the United
(1) * * *
States among the various domestic
Parts
per
fishing categories, per the allocations
Commodity
million
established in Amendment 7 to the 2006
Consolidated Atlantic Highly Migratory
Species Fishery Management Plan (2006
*
*
*
*
*
Cotton, gin byproducts ...............
0.01 Consolidated HMS FMP) (Amendment
Cotton, undelinted seed .............
0.01 7) (79 FR 71510, December 2, 2014), and
in accordance with implementing
regulations. NMFS is required under
*
*
*
*
*
ATCA and the Magnuson-Stevens Act to
*
*
*
*
*
provide U.S. fishing vessels with a
[FR Doc. 2019–16322 Filed 8–5–19; 8:45 am]
reasonable opportunity to harvest the
BILLING CODE 6560–50–P
ICCAT-recommended quota.
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SUMMARY:
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Federal Register / Vol. 84, No. 151 / Tuesday, August 6, 2019 / Rules and Regulations
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The current baseline quotas for the
Harpoon and Reserve categories are 46
mt and 29.5 mt, respectively. See
§ 635.27(a). To date for 2019, NMFS has
published three actions that have
adjusted the available 2019 Reserve
category quota to 113 mt, including a
recent action that adjusted the Harpoon
category quota to 76 mt (84 FR 3724,
February 13, 2019; 84 FR 6701, February
28, 2019; and 84 FR 35340, July 23,
2019). The 2019 Harpoon category
fishery opened June 1 and is open
through November 15, 2019, 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 July
30, 2019, the Harpoon category has
landed 71.1 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 15 mt of
BFT quota from the Reserve category
would result in a total of 91 mt being
available for the Harpoon category for
the 2019 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
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amount of BFT before the end of the
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 15 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 2018 adjusted U.S.
BFT quota will be carried forward to
2019 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 2019
quota, 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 2019 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
2019 landings and dead discards within
the adjusted U.S. quota, consistent with
ICCAT recommendations, and
anticipates having sufficient quota to do
that.
NMFS also considered the effects of
the adjustment on the BFT stock and the
effects of the transfer on accomplishing
the objectives of the FMP
(§ 635.27(a)(8)(v) and (vi)). This transfer
would be consistent with the current
quotas, which were established and
analyzed in the 2018 BFT quota final
rule (83 FR 51391, October 11, 2018),
and with objectives of the 2006
Consolidated HMS FMP and
amendments and is not expected to
negatively impact stock health or to
affect the stock in ways not already
analyzed in those documents. 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
amendments, including to achieve
optimum yield on a continuing basis
and to optimize the ability of all permit
categories to harvest their full BFT
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quota allocations (related to
§ 635.27(a)(8)(x)).
Based on the considerations above,
NMFS is transferring 15 mt of the
available 113 mt of Reserve category
quota to the Harpoon category.
Therefore, NMFS adjusts the Harpoon
category quota to 91 mt for the 2019
Harpoon category fishing season (i.e.,
through November 15, 2019, or until the
Harpoon category quota is reached,
whichever comes first), and adjusts the
Reserve category quota to 98 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. Late
reporting by dealers compromises
NMFS’ ability to timely implement
actions such as quota adjustments and
closures, and may result in enforcement
actions. Additionally, and separate from
the dealer reporting requirement,
Harpoon category vessel owners are
required to report their own 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,
using the HMS Catch Reporting app, or
calling (888) 872–8862 (Monday
through Friday from 8 a.m. until 4:30
p.m.).
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 2019
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Federal Register / Vol. 84, No. 151 / Tuesday, August 6, 2019 / Rules and Regulations
jbell on DSK3GLQ082PROD with RULES
is also contrary to the public interest as
such a delay would likely result in
closure of the Harpoon fishery when the
baseline quota is met and the need to reopen 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
VerDate Sep<11>2014
16:16 Aug 05, 2019
Jkt 247001
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 30day delay in effectiveness.
This action is being taken under
§ 635.27(a)(9), and is exempt from
review under Executive Order 12866.
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38145
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: July 31, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2019–16733 Filed 8–1–19; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 84, Number 151 (Tuesday, August 6, 2019)]
[Rules and Regulations]
[Pages 38143-38145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16733]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02]
RIN 0648-XT010
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 15 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 2019
fishing season is 91 mt. The 2019 Harpoon category fishery is open
until November 15, 2019, 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 1, 2019, through November 15, 2019.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin, 978-281-9260, 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 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
Amendment 7 to the 2006 Consolidated Atlantic Highly Migratory Species
Fishery Management Plan (2006 Consolidated HMS FMP) (Amendment 7) (79
FR 71510, December 2, 2014), 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.
[[Page 38144]]
The current baseline quotas for the Harpoon and Reserve categories
are 46 mt and 29.5 mt, respectively. See Sec. 635.27(a). To date for
2019, NMFS has published three actions that have adjusted the available
2019 Reserve category quota to 113 mt, including a recent action that
adjusted the Harpoon category quota to 76 mt (84 FR 3724, February 13,
2019; 84 FR 6701, February 28, 2019; and 84 FR 35340, July 23, 2019).
The 2019 Harpoon category fishery opened June 1 and is open through
November 15, 2019, 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 July 30,
2019, the Harpoon category has landed 71.1 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 15 mt of BFT
quota from the Reserve category would result in a total of 91 mt being
available for the Harpoon category for the 2019 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 15 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 2018
adjusted U.S. BFT quota will be carried forward to 2019 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 2019 quota, 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 2019 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 2019 landings
and dead discards within the adjusted U.S. quota, consistent with ICCAT
recommendations, and anticipates having sufficient quota to do that.
NMFS also considered the effects of the adjustment on the BFT stock
and the effects of the transfer on accomplishing the objectives of the
FMP (Sec. 635.27(a)(8)(v) and (vi)). This transfer would be consistent
with the current quotas, which were established and analyzed in the
2018 BFT quota final rule (83 FR 51391, October 11, 2018), and with
objectives of the 2006 Consolidated HMS FMP and amendments and is not
expected to negatively impact stock health or to affect the stock in
ways not already analyzed in those documents. 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 amendments, 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 15 mt of
the available 113 mt of Reserve category quota to the Harpoon category.
Therefore, NMFS adjusts the Harpoon category quota to 91 mt for the
2019 Harpoon category fishing season (i.e., through November 15, 2019,
or until the Harpoon category quota is reached, whichever comes first),
and adjusts the Reserve category quota to 98 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. Late reporting by dealers compromises NMFS' ability to
timely implement actions such as quota adjustments and closures, and
may result in enforcement actions. Additionally, and separate from the
dealer reporting requirement, Harpoon category vessel owners are
required to report their own 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, using the HMS Catch Reporting app, or
calling (888) 872-8862 (Monday through Friday from 8 a.m. until 4:30
p.m.).
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 2019
[[Page 38145]]
is also contrary to the public interest as such a delay would likely
result in closure of the Harpoon fishery when the baseline 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.
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: July 31, 2019.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2019-16733 Filed 8-1-19; 4:15 pm]
BILLING CODE 3510-22-P
