Atlantic Highly Migratory Species; Adjustments to 2020 Northern Albacore Tuna Quota, 2020 North and South Atlantic Swordfish Quotas, and 2020 Atlantic Bluefin Tuna Reserve Category Quota, 61872-61875 [2020-20399]
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Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Rules and Regulations
Regulatory Secretariat at 202–501–4755.
Please cite GSAR Case 2020–G521.
SUPPLEMENTARY INFORMATION:
I. Background
As part of GSA’s regulatory reform
efforts, GSA determined that GSAR
532.905–70 should no longer require
contracting officers to obtain approval of
legal counsel before processing final
payments for construction and building
service contracts where, after 60 days,
the contracting officers are unable to
obtain releases of claims from
contractors. Legal review is not a
statutory requirement, and the decision
to process final payments in such cases
is a business decision, rather than a
legal one.
II. Authority for This Rulemaking
Title 40 of the United States Code
(U.S.C.) Section 121 authorizes GSA to
issue regulations, including the GSAR,
to control the relationship between GSA
and contractors.
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III. Discussion and Analysis
Prior to the issuance of this rule, GSA
guidance on final payments for
construction and building service
contracts provided that, ‘‘in cases
where, after 60 days from the initial
attempt, the contracting officer is unable
to obtain a release of claims from the
contractor, the final payment may be
processed with the approval of assigned
legal counsel.’’ GSA is proposing to
amend GSAR 532.905–70(c) by
removing the legal approval
requirement because this is a business
decision to be made by the contracting
officer, not a legal decision. Therefore,
upon implementation of this rule, a
contracting officer may instead process
a final payment in such a situation after
documenting in the contract file: (i)
That the contracting officer requested a
release of claims from the contractor
and did not receive a response within
60 calendar days; and (ii) approval to
process the final payment from one
level above the contracting officer.
IV. 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
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regulatory action and, therefore, was not
subject to review under section 6(b) of
Executive Order 12866, Regulatory
Planning and Review, dated September
30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
(ii) Approval to process the final
payment from one level above the
contracting officer.
[FR Doc. 2020–18597 Filed 9–30–20; 8:45 am]
BILLING CODE 6820–61–P
V. Executive Order 13771
This final rule was not subject to E.O.
13771 because this rule is not a
significant regulatory action under E.O.
12886.
DEPARTMENT OF VETERANS
AFFAIRS
48 CFR Part 852
Solicitation Provisions and Contract
Clauses
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
GSAR revision.
VII. Paperwork Reduction Act
CFR Correction
In Title 48 of the Code of Federal
Regulations, Chapters 7 to 14, revised as
of October 1, 2019, on page 272, remove
the second printing of section 852.232–
70, and on page 278, remove the second
printing of section 852.236–72.
■
The final 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).
[FR Doc. 2020–21868 Filed 9–30–20; 8:45 am]
List of Subjects in 48 CFR Part 532
DEPARTMENT OF COMMERCE
Government procurement.
Jeffrey A. Koses,
Senior Procurement Executive, Office of
Acquisition Policy, Office of Governmentwide
Policy, General Services Administration.
Therefore, GSA amends 48 CFR part
532 as set forth below:
PART 532—CONTRACT FINANCING
1. The authority citation for 48 CFR
part 532 continues to read as follows:
■
Authority: 40 U.S.C. 121(c).
2. Amend section 532.905–70 by:
a. Removing from paragraph (a)
‘‘amount due the Contractor’’ and
adding ‘‘amount due to the contractor’’
in its place;
■ b. Revising paragraph (b); and
■ c. Removing paragraphs (c) and (d).
The revision reads as follows:
■
■
532.905–70 Final payment—construction
and building service contracts.
*
*
*
*
*
(b) A contracting officer may only
process the final payment for a
construction or building service contract
once:
(1) The contractor submits a properly
executed GSA Form 1142, Release of
Claims; or
(2) The contracting officer documents
in the contract file:
(i) That the contracting officer
requested a release of claims from the
contractor and did not receive a
response within 60 calendar days; and,
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BILLING CODE 1301–00–D
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 200910–0237]
RTID 0648–XT037
Atlantic Highly Migratory Species;
Adjustments to 2020 Northern
Albacore Tuna Quota, 2020 North and
South Atlantic Swordfish Quotas, and
2020 Atlantic Bluefin Tuna Reserve
Category Quota
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary final rule.
AGENCY:
NMFS adjusts the 2020
baseline quotas for U.S. North Atlantic
albacore tuna (northern albacore), North
and South Atlantic swordfish, and the
Atlantic bluefin Reserve category based
on available underharvest of the 2019
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).
DATES: Effective October 1, 2020,
through December 31, 2020.
SUMMARY:
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Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Rules and Regulations
Supporting documents,
including Environmental Assessments,
as well as the Fishery Management
Plans and their amendments that are
described below, may be downloaded
from the Highly Migratory Species
(HMS) website at https://
www.fisheries.noaa.gov/topic/atlantichighly-migratory-species. These
documents also are available upon
request from Sarah McLaughlin, Steve
Durkee, Larry Redd, or Guy Eroh at the
email addresses and telephone number
below.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin, (sarah.mclaughlin@
noaa.gov), Steve Durkee, (steve.durkee@
noaa.gov), Larry Redd, (larry.redd@
noaa.gov), or Guy Eroh, (guy.eroh@
noaa.gov), at 301–427–8503.
SUPPLEMENTARY INFORMATION:
Regulations implemented under the
authority of the ATCA (16 U.S.C. 971 et
seq.) and the Magnuson-Stevens Act (16
U.S.C. 1801 et seq.) governing the
harvest of northern albacore, swordfish,
and Atlantic bluefin tuna (BFT) by
persons and vessels subject to U.S.
jurisdiction are found at 50 CFR part
635. Section 635.27(e) implements the
northern albacore annual quota
recommended by ICCAT and describes
the annual northern albacore quota
adjustment process. Section 635.27(c)
implements the ICCAT-recommended
quotas and describes the quota
adjustment process for both North and
South Atlantic swordfish. Section
635.27(a) implements the ICCATrecommended quota and describes the
annual quota adjustment process for
BFT. 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 quotas.
Note that weight information for
northern albacore and BFT below is
shown in metric tons (mt) whole weight
(ww), and both dressed weight (dw) and
ww are shown for swordfish.
ADDRESSES:
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Northern Albacore Annual Quota and
Adjustment Process
Since 1998, ICCAT has adopted
recommendations regarding the
northern albacore fishery. ICCAT
Recommendation 17–04 on northern
albacore (which amends portions of
Recommendation 16–06) includes a
total allowable catch (TAC) at 33,600 mt
for 2018 through 2020 and specific
provisions regarding northern albacore
conservation and management. The U.S.
share of that TAC is a quota for 2019
and 2020 of 632.4 mt, annually, which
is codified at § 635.27(e) and will
remain in effect until changed.
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Portions of ICCAT Recommendation
16–06 remain active. Relevant to the
northern albacore quota adjustment in
this action, and as codified at
§ 635.27(e)(2), the maximum
underharvest that a Contracting Party
may carry forward from one year to the
next is 25 percent of its initial catch
quota, which would be 158.1 mt for the
United States.
Adjustment of the 2020 Northern
Albacore Quota
Consistent with regulations at
§ 635.27(e), NMFS adjusts the U.S.
annual northern albacore quota for
allowable underharvest, if any, in the
previous year. NMFS makes such
adjustments consistent with ICCAT
limits when complete catch information
for the prior year is available and
finalized. Under ICCAT
Recommendation 17–04, the maximum
underharvest that a Contracting Party
may carry forward from one year to the
next is 25 percent of its initial catch
quota, which, relevant to 2020, would
be 158.1 mt for the United States (25
percent of 632.4 mt).
For 2019, the adjusted quota was
790.5 mt (632.4 mt plus 158.1 mt of
2018 underharvest carried forward to
2019, based on 25 percent of the 632.4mt quota in place for 2018) (83 FR
51391, October 11, 2018). The total 2019
northern albacore catch, which includes
landings and dead discards, was 221.36
mt, which is an underharvest of 569.14
mt of the 2019 adjusted quota. Of this
underharvest, 158.1 mt may be carried
forward to the 2020 fishing year. Thus,
the adjusted 2020 northern albacore
quota is 632.4 mt plus 158.1 mt, totaling
790.5 mt.
North and South Atlantic Swordfish
Annual Quota and Adjustment Process
North Atlantic Swordfish
Consistent with the North Atlantic
swordfish quota regulations at
§ 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 complete catch
information for the prior year is
available and finalized. Under ICCAT
Recommendation 17–02, the U.S. North
Atlantic swordfish baseline annual
quota for 2018 through 2021 is 2,937.6
mt dw (3,907 mt 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 2019, the
adjusted North Atlantic swordfish quota
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was 3,378.2 mt dw (2,937.6 mt dw
baseline quota + 440.6 mt dw carried
over from 2018).
The total 2019 U.S. North Atlantic
swordfish catch, which includes
landings and dead discards, was
1,471.95 mt dw, which is an
underharvest of 1,906.25-mt dw of the
2019 adjusted quota. This underharvest
exceeds the 440.6-mt dw underharvest
carryover limit allowed under
Recommendation 17–02. 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 2020 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 includes
recreational landings and landings by
incidental swordfish permit holders, in
accordance with regulations at
§ 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 2020 (January
through June, and July through
December) (Table 1).
South Atlantic Swordfish
Consistent with the South Atlantic
swordfish quota regulations at
§ 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 complete catch information
for the prior year is available and
finalized. Under ICCAT
Recommendation 17–03, the U.S. South
Atlantic swordfish baseline annual
quota for 2020 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).
Recommendation 17–03 continues to
require the United States 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 Coˆte d’Ivoire, and 18.8 mt
dw (25 mt ww) to Belize.
U.S. fishermen landed no South
Atlantic swordfish in 2019. The
adjusted 2019 South Atlantic swordfish
quota was 75.1 mt dw due to nominal
landings in previous years. Therefore,
75.1 mt dw of underharvest is available
to carry over to 2020. NMFS is carrying
forward 75.1 mt dw to be added to the
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75.2 mt dw baseline quota. The quota is
then reduced by the 75.2 mt dw of
annual international quota transfers
outlined above, resulting in an adjusted
South Atlantic swordfish quota of 75.1
mt dw for the 2020 fishing year (Table
1).
TABLE 1—2020 NORTH AND SOUTH ATLANTIC SWORDFISH QUOTAS
2019
2020
North Atlantic Swordfish Quota (mt dw)
Baseline Quota ........................................................................................................................................................
International Quota Transfer ....................................................................................................................................
Total Underharvest from Previous Year ..................................................................................................................
Underharvest Carryover from Previous Year † .......................................................................................................
Adjusted Quota ........................................................................................................................................................
Quota Allocation
Directed Category .............................................................................................................................................
Incidental Category ...........................................................................................................................................
Reserve Category .............................................................................................................................................
2,937.6
0
1,979
(+) 440.6
3,378.2
2,937.6
0
1,906.25
(+) 440.6
3,378.2
3,028.2
300
50
3,028.2
300
50
75.2
(¥)75.2
75.1
75.1
75.1
75.2
(¥)75.2
75.1
75.1
75.1
South Atlantic Swordfish Quota (mt dw)
Baseline Quota ........................................................................................................................................................
International Quota Transfers * ................................................................................................................................
Total Underharvest from Previous Year ..................................................................................................................
Underharvest Carryover from Previous Year † .......................................................................................................
Adjusted quota .........................................................................................................................................................
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† 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 Recommendation 17–03, the United States transfers 75.2 mt dw (100 mt ww) annually to Namibia (37.6 mt dw, 50 mt ww),
Coˆte d’Ivoire (18.8 mt dw, 25 mt ww), and Belize (18.8 mt dw, 25 mt ww).
BFT Annual Quota and Adjustment
Process
Consistent with the regulations
regarding annual BFT quota adjustment
at § 635.27(a), NMFS annually
announces the addition of available
underharvest, if any, to the BFT Reserve
category once complete catch
information is available and finalized.
NMFS implemented relevant
provisions of the current ICCAT western
Atlantic BFT recommendation
(Recommendation 17–06) in a final rule
that published in October 2018 (83 FR
51391, October 11, 2018). That
rulemaking implemented the
recommended annual U.S. baseline
quota of 1,247.86 mt, plus an additional
25 mt to account for bycatch related to
pelagic longline fisheries in the
Northeast Distant gear restricted area
(NED), for a total of 1,272.86 mt. The
total annual U.S. BFT quota of 1,272.86
mt is codified at § 635.27(a) and will
remain in effect until changed (for
instance, if a new ICCAT western
Atlantic BFT TAC recommendation is
adopted). The maximum underharvest
that a Contracting Party may carry
forward from one year to the next is 10
percent of its initial catch quota, which,
for the United States, is 127.3 mt for
2020 (10 percent of 1,272.86 mt).
Adjustment of the 2020 BFT Reserve
Category Quota
The United States is carrying forward
the full, allowable 127.3 mt for 2020. In
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2019, the adjusted BFT quota was
1,400.16 mt (baseline quota of 1,272.86
mt + 127.3 mt of 2018 underharvest
carried over to 2019). The total 2019
BFT catch, including landings and dead
discards, was 1,185.11 mt, which is an
underharvest of 215.05 mt from the
2019 adjusted quota and exceeds the
allowable carryover of 127.3 mt. When
carrying over underharvest from one
year to the next, NMFS uses the
underharvest to augment the BFT
Reserve category quota. Thus, for 2020,
NMFS augments the Reserve category
quota with the allowable carryover of
127.3 mt.
The codified Reserve category quota is
29.5 mt. Effective February 5, 2020,
NMFS adjusted the Reserve category
quota for 2020 to 143 mt by reallocating
164.5 mt of Purse Seine quota to the
Reserve category (based on 2019 catch
by Purse Seine category participants)
and also transferring 51 mt of Reserve
category quota to the General category
(85 FR 6828, February 6, 2020). Effective
July 13, 2020, NMFS transferred 30 mt
from the Reserve category quota to the
Harpoon category (85 FR 43148, July 16,
2020), leaving a total of 113 mt in the
Reserve category. Thus, as of the
effective date of this action (October 1,
2020) the adjusted 2020 Reserve
category quota is 240.3 mt (113 mt +
127.3 mt).
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Classification
This action is being taken under the
authority of the Magnuson-Stevens Act,
section 304(g), and ATCA, section
971d(c)(1)(A).
The Assistant Administrator for
NMFS (AA) has determined that this
temporary final rule is consistent with
the Magnuson-Stevens Act, the 2006
Consolidated Atlantic HMS FMP and its
amendments, 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 processes for
Amendment 7 to the 2006 Consolidated
HMS FMP in 2015 (79 FR 71509,
December 2, 2014) and 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 northern
albacore, Atlantic bluefin tuna, and
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 unnecessarily duplicative to
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Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Rules and Regulations
accept public comment for this action.
There are no new quotas for 2020, and
the quota formulas are the same as in
previous years. NMFS therefore is
issuing this temporary final rule to
adjust the northern albacore, North and
South Atlantic swordfish, and western
Atlantic BFT quotas for 2020 without
prior notice and an additional
opportunity for comment.
There is good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effective date and to make the rule
effective upon publication in the
Federal Register. The fisheries for
northern albacore, North and South
Atlantic swordfish, and BFT began on
January 1, 2020. NMFS monitors
northern albacore, North and South
Atlantic swordfish, and BFT annual
catch and measures the annual catch
data against the applicable available
quotas. Delaying the effective date of
these quota adjustments would affect
reasonable opportunity to catch the
available quotas. It could also cause
complications for management under
certain circumstances. For example,
under the northern albacore fishery
closure regulations, NMFS must close
the fishery when the annual fishery
quota is reached. Closure of the fishery
based only on the baseline (codified)
quota versus the adjusted northern
albacore quota could preclude the
fishery from harvesting northern
albacore that are legally available
consistent with the ICCAT
recommendations and the 2006
Consolidated HMS FMP, as amended.
Adjusting the North and South Atlantic
swordfish quota allows the United
States to take advantage of the ICCAT
allowance to carry over quota
underharvest and to comply with the
South Atlantic swordfish
recommendation’s obligation to transfer
quota internationally. Adjusting the BFT
Reserve category as soon as possible
provides NMFS the flexibility to transfer
quota from the Reserve to other fishing
categories inseason after considering the
regulatory determination criteria,
including fishery conditions at the time
of the transfer.
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: September 11, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020–20399 Filed 9–30–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 200221–0062; RTID 0648–
XA530]
Fisheries of the Exclusive Economic
Zone Off Alaska; Exchange of Flatfish
in the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
NMFS is exchanging
allocations of Amendment 80
cooperative quota (CQ) for Amendment
80 acceptable biological catch (ABC)
reserves. This action is necessary to
allow the 2020 total allowable catch
(TAC) of flathead sole, rock sole, and
yellowfin sole in the Bering Sea and
Aleutian Islands management area
(BSAI) to be harvested.
DATES: Effective September 28, 2020,
through December 31, 2020.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP) prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens 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 2020 flathead sole, rock sole, and
yellowfin sole Amendment 80
allocations of the TAC specified in the
BSAI are 14,414 metric tons (mt), 36,060
mt, and 113,403 mt, respectively, as
established by the final 2020 and 2021
harvest specifications for groundfish in
the BSAI (85 FR 13553, March 9, 2020).
The 2020 flathead sole, rock sole, and
yellowfin sole Amendment 80 ABC
reserves are 43,430 mt, 94,837 mt, and
98,425 mt, respectively, as established
by the final 2020 and 2021 harvest
specifications for groundfish in the
BSAI (85 FR 13553, March 9, 2020).
The Alaska Seafood Cooperative has
requested that NMFS exchange 1,530 mt
of flathead sole Amendment 80
allocation of the TAC for 30 mt of rock
sole and 1,500 mt of yellowfin sole
Amendment 80 ABC reserves under
§ 679.91(i). Therefore, in accordance
with § 679.91(i), NMFS exchanges 1,530
mt of flathead sole Amendment 80
allocation of the TAC for 30 mt of rock
sole and 1,500 mt of yellowfin sole
Amendment 80 ABC reserves in the
BSAI. This action also decreases and
increases the TACs and Amendment 80
ABC reserves by the corresponding
amounts. Tables 11 and 13 of the final
2020 and 2021 harvest specifications for
groundfish in the BSAI (85 FR 13553,
March 9, 2020) and as revised (85 FR
59204, September 21, 2020) are further
revised as follows:
SUPPLEMENTARY INFORMATION:
TABLE 11—FINAL 2020 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND
AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK
SOLE, AND YELLOWFIN SOLE TACS
[Amounts are in metric tons]
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Pacific ocean perch
Sector
Eastern
Aleutian
District
TAC ..........................................................
CDQ .........................................................
ICA ...........................................................
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10,613
1,136
100
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Central
Aleutian
District
Western
Aleutian
District
8,094
866
60
Fmt 4700
Sfmt 4700
10,000
1,070
10
Flathead sole
Rock sole
Yellowfin sole
BSAI
BSAI
BSAI
17,845
1,962
3,000
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47,005
4,915
6,000
152,500
16,425
4,000
]]>Agencies
[Federal Register Volume 85, Number 191 (Thursday, October 1, 2020)]
[Rules and Regulations]
[Pages 61872-61875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20399]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 200910-0237]
RTID 0648-XT037
Atlantic Highly Migratory Species; Adjustments to 2020 Northern
Albacore Tuna Quota, 2020 North and South Atlantic Swordfish Quotas,
and 2020 Atlantic Bluefin Tuna Reserve Category Quota
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 2020 baseline quotas for U.S. North Atlantic
albacore tuna (northern albacore), North and South Atlantic swordfish,
and the Atlantic bluefin Reserve category based on available
underharvest of the 2019 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).
DATES: Effective October 1, 2020, through December 31, 2020.
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ADDRESSES: Supporting documents, including Environmental Assessments,
as well as the Fishery Management Plans and their amendments that are
described below, may be downloaded from the Highly Migratory Species
(HMS) website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species. These documents also are available upon request from
Sarah McLaughlin, Steve Durkee, Larry Redd, or Guy Eroh at the email
addresses and telephone number below.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin,
([email protected]), Steve Durkee, ([email protected]),
Larry Redd, ([email protected]), or Guy Eroh, ([email protected]), at
301-427-8503.
SUPPLEMENTARY INFORMATION: Regulations implemented under the authority
of the ATCA (16 U.S.C. 971 et seq.) and the Magnuson-Stevens Act (16
U.S.C. 1801 et seq.) governing the harvest of northern albacore,
swordfish, and Atlantic bluefin tuna (BFT) by persons and vessels
subject to U.S. jurisdiction are found at 50 CFR part 635. Section
635.27(e) implements the northern albacore annual quota recommended by
ICCAT and describes the annual northern albacore quota adjustment
process. Section 635.27(c) implements the ICCAT-recommended quotas and
describes the quota adjustment process for both North and South
Atlantic swordfish. Section 635.27(a) implements the ICCAT-recommended
quota and describes the annual quota adjustment process for BFT. 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 quotas.
Note that weight information for northern albacore and BFT below is
shown in metric tons (mt) whole weight (ww), and both dressed weight
(dw) and ww are shown for swordfish.
Northern Albacore Annual Quota and Adjustment Process
Since 1998, ICCAT has adopted recommendations regarding the
northern albacore fishery. ICCAT Recommendation 17-04 on northern
albacore (which amends portions of Recommendation 16-06) includes a
total allowable catch (TAC) at 33,600 mt for 2018 through 2020 and
specific provisions regarding northern albacore conservation and
management. The U.S. share of that TAC is a quota for 2019 and 2020 of
632.4 mt, annually, which is codified at Sec. 635.27(e) and will
remain in effect until changed.
Portions of ICCAT Recommendation 16-06 remain active. Relevant to
the northern albacore quota adjustment in this action, and as codified
at Sec. 635.27(e)(2), the maximum underharvest that a Contracting
Party may carry forward from one year to the next is 25 percent of its
initial catch quota, which would be 158.1 mt for the United States.
Adjustment of the 2020 Northern Albacore Quota
Consistent with regulations at Sec. 635.27(e), NMFS adjusts the
U.S. annual northern albacore quota for allowable underharvest, if any,
in the previous year. NMFS makes such adjustments consistent with ICCAT
limits when complete catch information for the prior year is available
and finalized. Under ICCAT Recommendation 17-04, the maximum
underharvest that a Contracting Party may carry forward from one year
to the next is 25 percent of its initial catch quota, which, relevant
to 2020, would be 158.1 mt for the United States (25 percent of 632.4
mt).
For 2019, the adjusted quota was 790.5 mt (632.4 mt plus 158.1 mt
of 2018 underharvest carried forward to 2019, based on 25 percent of
the 632.4-mt quota in place for 2018) (83 FR 51391, October 11, 2018).
The total 2019 northern albacore catch, which includes landings and
dead discards, was 221.36 mt, which is an underharvest of 569.14 mt of
the 2019 adjusted quota. Of this underharvest, 158.1 mt may be carried
forward to the 2020 fishing year. Thus, the adjusted 2020 northern
albacore quota is 632.4 mt plus 158.1 mt, totaling 790.5 mt.
North and South Atlantic Swordfish Annual Quota and Adjustment Process
North Atlantic Swordfish
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 complete
catch information for the prior year is available and finalized. Under
ICCAT Recommendation 17-02, the U.S. North Atlantic swordfish baseline
annual quota for 2018 through 2021 is 2,937.6 mt dw (3,907 mt 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 2019, 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 2018).
The total 2019 U.S. North Atlantic swordfish catch, which includes
landings and dead discards, was 1,471.95 mt dw, which is an
underharvest of 1,906.25-mt dw of the 2019 adjusted quota. This
underharvest exceeds the 440.6-mt dw underharvest carryover limit
allowed under Recommendation 17-02. 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 2020 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 includes 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 2020 (January through
June, and July through December) (Table 1).
South Atlantic Swordfish
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 complete catch
information for the prior year is available and finalized. Under ICCAT
Recommendation 17-03, the U.S. South Atlantic swordfish baseline annual
quota for 2020 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). Recommendation 17-03
continues to require the United States 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.
U.S. fishermen landed no South Atlantic swordfish in 2019. The
adjusted 2019 South Atlantic swordfish quota was 75.1 mt dw due to
nominal landings in previous years. Therefore, 75.1 mt dw of
underharvest is available to carry over to 2020. NMFS is carrying
forward 75.1 mt dw to be added to the
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75.2 mt dw baseline quota. The quota is then reduced by the 75.2 mt dw
of annual international quota transfers outlined above, resulting in an
adjusted South Atlantic swordfish quota of 75.1 mt dw for the 2020
fishing year (Table 1).
Table 1--2020 North and South Atlantic Swordfish Quotas
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2019 2020
------------------------------------------------------------------------
North Atlantic Swordfish Quota (mt dw)
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Baseline Quota.......................... 2,937.6 2,937.6
International Quota Transfer............ 0 0
Total Underharvest from Previous Year... 1,979 1,906.25
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
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South Atlantic Swordfish Quota (mt dw)
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Baseline Quota.......................... 75.2 75.2
International Quota Transfers *......... (-)75.2 (-)75.2
Total Underharvest from Previous Year... 75.1 75.1
Underharvest Carryover from Previous 75.1 75.1
Year [dagger]..........................
Adjusted quota.......................... 75.1 75.1
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[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 Recommendation 17-03, 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).
BFT Annual Quota and Adjustment Process
Consistent with the regulations regarding annual BFT quota
adjustment at Sec. 635.27(a), NMFS annually announces the addition of
available underharvest, if any, to the BFT Reserve category once
complete catch information is available and finalized.
NMFS implemented relevant provisions of the current ICCAT western
Atlantic BFT recommendation (Recommendation 17-06) in a final rule that
published in October 2018 (83 FR 51391, October 11, 2018). That
rulemaking implemented the recommended annual U.S. baseline quota of
1,247.86 mt, plus an additional 25 mt to account for bycatch related to
pelagic longline fisheries in the Northeast Distant gear restricted
area (NED), for a total of 1,272.86 mt. The total annual U.S. BFT quota
of 1,272.86 mt is codified at Sec. 635.27(a) and will remain in effect
until changed (for instance, if a new ICCAT western Atlantic BFT TAC
recommendation is adopted). The maximum underharvest that a Contracting
Party may carry forward from one year to the next is 10 percent of its
initial catch quota, which, for the United States, is 127.3 mt for 2020
(10 percent of 1,272.86 mt).
Adjustment of the 2020 BFT Reserve Category Quota
The United States is carrying forward the full, allowable 127.3 mt
for 2020. In 2019, the adjusted BFT quota was 1,400.16 mt (baseline
quota of 1,272.86 mt + 127.3 mt of 2018 underharvest carried over to
2019). The total 2019 BFT catch, including landings and dead discards,
was 1,185.11 mt, which is an underharvest of 215.05 mt from the 2019
adjusted quota and exceeds the allowable carryover of 127.3 mt. When
carrying over underharvest from one year to the next, NMFS uses the
underharvest to augment the BFT Reserve category quota. Thus, for 2020,
NMFS augments the Reserve category quota with the allowable carryover
of 127.3 mt.
The codified Reserve category quota is 29.5 mt. Effective February
5, 2020, NMFS adjusted the Reserve category quota for 2020 to 143 mt by
reallocating 164.5 mt of Purse Seine quota to the Reserve category
(based on 2019 catch by Purse Seine category participants) and also
transferring 51 mt of Reserve category quota to the General category
(85 FR 6828, February 6, 2020). Effective July 13, 2020, NMFS
transferred 30 mt from the Reserve category quota to the Harpoon
category (85 FR 43148, July 16, 2020), leaving a total of 113 mt in the
Reserve category. Thus, as of the effective date of this action
(October 1, 2020) the adjusted 2020 Reserve category quota is 240.3 mt
(113 mt + 127.3 mt).
Classification
This action is being taken under the authority of the Magnuson-
Stevens Act, section 304(g), and ATCA, section 971d(c)(1)(A).
The Assistant Administrator for NMFS (AA) has determined that this
temporary final rule is consistent with the Magnuson-Stevens Act, the
2006 Consolidated Atlantic HMS FMP and its amendments, 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 processes for Amendment 7 to the 2006 Consolidated
HMS FMP in 2015 (79 FR 71509, December 2, 2014) and 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 northern
albacore, Atlantic bluefin tuna, and 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 unnecessarily duplicative to
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accept public comment for this action. There are no new quotas for
2020, and the quota formulas are the same as in previous years. NMFS
therefore is issuing this temporary final rule to adjust the northern
albacore, North and South Atlantic swordfish, and western Atlantic BFT
quotas for 2020 without prior notice and an additional opportunity for
comment.
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effective date and to make the rule effective upon publication
in the Federal Register. The fisheries for northern albacore, North and
South Atlantic swordfish, and BFT began on January 1, 2020. NMFS
monitors northern albacore, North and South Atlantic swordfish, and BFT
annual catch and measures the annual catch data against the applicable
available quotas. Delaying the effective date of these quota
adjustments would affect reasonable opportunity to catch the available
quotas. It could also cause complications for management under certain
circumstances. For example, under the northern albacore fishery closure
regulations, NMFS must close the fishery when the annual fishery quota
is reached. Closure of the fishery based only on the baseline
(codified) quota versus the adjusted northern albacore quota could
preclude the fishery from harvesting northern albacore that are legally
available consistent with the ICCAT recommendations and the 2006
Consolidated HMS FMP, as amended. Adjusting the North and South
Atlantic swordfish quota allows the United States to take advantage of
the ICCAT allowance to carry over quota underharvest and to comply with
the South Atlantic swordfish recommendation's obligation to transfer
quota internationally. Adjusting the BFT Reserve category as soon as
possible provides NMFS the flexibility to transfer quota from the
Reserve to other fishing categories inseason after considering the
regulatory determination criteria, including fishery conditions at the
time of the transfer.
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: September 11, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020-20399 Filed 9-30-20; 8:45 am]
BILLING CODE 3510-22-P
