Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 64411-64413 [2020-22659]
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Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Rules and Regulations
PART 95—PERSONAL RADIO
SERVICES
PART 101—FIXED MICROWAVE
SERVICES
85. The authority citation for part 95
continues to read as follows:
■
90. The authority citation for part 101
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303.
Authority: 47 U.S.C. 154, 303, 307.
91. Amend § 101.523 by revising the
first and fourth sentences of paragraph
(a)(4) to read as follows:
■
86. Amend § 95.329 by revising the
third sentence to read as follows:
■
§ 95.329
How to contact the FCC.
* * * To write the FCC about these
services, address the Federal
Communications Commission,
Attention: Mobility Division, Wireless
Telecommunications Bureau, at the
address of the FCC’s main office
indicated in 47 CFR 0.401(a).
87. Amend § 95.2509 by revising the
sixth sentence of paragraph (e)(2) to
read as follows:
■
§ 95.2509 MBAN registration and
frequency coordination.
* * *
(e) * * *
(2) * * * You may inspect a copy at
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Center, located at the address of the
FCC’s main office indicated in 47 CFR
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National Archives and Records
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■ 88. Amend § 95.2989 by revising the
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introductory text to read as follows:
Service areas.
(a) * * *
(4) The Gulf of Mexico. * * * Maps
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■ 92. Amend § 101.705 by removing the
second parenthetical sentence and
adding a sentence in its place to read as
follows:
§ 101.705 Special showing for renewal of
common carrier station facilities using
frequency diversity.
* * * This document is available at
the library of the Federal
Communications Commission, located
at the address of the FCC’s main office
indicated in 47 CFR 0.401(a). * * *
[FR Doc. 2020–19544 Filed 10–9–20; 8:45 am]
BILLING CODE 6712–01–P
§ 95.2989 PLB and MSLD technical
standards.
DEPARTMENT OF COMMERCE
*
National Oceanic and Atmospheric
Administration
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(b) * * * All approved material is
available for inspection at the Federal
Communications Commission’s
Reference Information Center, located at
the address of the FCC’s main office
indicated in 47 CFR 0.401(a), Tel: (202)
418–0270, and is available from the
sources indicated in this paragraph (b).
* * *
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■ 89. Amend § 95.3189 by revising the
fourth sentence to read as follows:
§ 95.3189
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§ 101.523
OBU technical standard.
* * * The material is available for
inspection at the Federal
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Reference Information Center, located at
the address of the FCC’s main office
indicated in 47 CFR 0.401(a), Tel: (202)
418–0270, and may be obtained from
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50 CFR Part 635
[Docket No. 180117042–8884–02; RTID
0648–XA544]
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer
and closure.
AGENCY:
NMFS transfers 40 metric
tons (mt) of Atlantic bluefin tuna (BFT)
quota from the Reserve category to the
October through November 2020
General category subquota period and
closes the General category fishery until
the General category reopens on
December 1, 2020. The quota transfer is
intended to provide additional fishing
opportunities based on consideration of
SUMMARY:
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64411
the regulatory determination criteria
regarding inseason adjustments and
applies to Atlantic tunas General
category (commercial) permitted vessels
and Highly Migratory Species (HMS)
Charter/Headboat category permitted
vessels with a commercial sale
endorsement when fishing
commercially for BFT. Given that the
adjusted quota is projected to be caught
quickly, the closure is being filed
simultaneously to prevent overharvest
of the adjusted General category October
through November 2020 BFT subquota.
DATES: The quota transfer is effective
October 8, 2020, through November 30,
2020. The closure is effective 11:30
p.m., local time, October 9, 2020,
through November 30, 2020.
FOR FURTHER INFORMATION CONTACT:
Sarah McLaughlin or Nicholas
Velseboer, 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 the 2006 Consolidated
Highly Migratory Species Fishery
Management Plan (2006 Consolidated
HMS FMP) (71 FR 58058, October 2,
2006) and amendments. NMFS is
required under ATCA and the
Magnuson-Stevens Act to provide U.S.
fishing vessels with a reasonable
opportunity to harvest the ICCATrecommended quota.
Under § 635.28(a)(1), NMFS files a
closure notice with the Office of the
Federal Register for publication when a
BFT quota (or subquota) is reached or is
projected to be reached. Retaining,
possessing, or landing BFT under that
quota category is prohibited on or after
the effective date and time of a closure
notice for that category until the
opening of the relevant subsequent
quota period or until such date as
specified.
The current baseline General and
Reserve category quotas are 555.7 mt
and 29.5 mt, respectively. See
§ 635.27(a). Each of the General category
time periods (January, June through
August, September, October through
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November, and December) is allocated a
‘‘subquota’’ or portion of the annual
General category quota. The baseline
subquotas for each time period are as
follows: 29.5 mt for January; 277.9 mt
for June through August; 147.3 mt for
September; 72.2 mt for October through
November; and 28.9 mt for December.
Any unused General category quota
rolls forward from one time period to
the next, and is available for use in
subsequent time periods. To date,
NMFS has taken several actions that
resulted in adjustments to the General
and Reserve category quotas, resulting
in currently adjusted quotas of 128.7 mt
of quota for the Reserve category, 100 mt
for the General category January through
March 2020 subquota period, and 9.4 mt
for the December 2020 subquota period
(85 FR 17, January 2, 2020; 85 FR 6828,
February 6, 2020; 85 FR 43148, July 16,
2020; 85 FR 59445, September 22, 2020;
and 85 FR 61872, October 1, 2020).
Transfer of 40 mt From the Reserve
Category to the General Category
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 all of the relevant
determination criteria and their
applicability to this inseason quota
transfer. 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
General category fishermen and
provided by bluefin tuna 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 General 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 General category quota to date
(including during the fall and winter
fisheries in the last several years), and
the likelihood of closure of that segment
of the fishery if no adjustment is made
(§ 635.27(a)(8)(ii) and (ix)). Preliminary
landings data as of October 7, 2020,
indicate that the General category
landed 67.3 mt for the October through
November period. This represents 93
percent of the baseline October through
November subquota (72.2 mt). At the
time of drafting of this inseason action,
the General category subquota has not
yet been exceeded, but without a quota
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transfer at this time, NMFS would likely
close the General category fishery
shortly, and participants would have to
stop bluefin tuna fishing activities while
commercial-sized bluefin tuna remain
available in the areas where General
category permitted vessels operate at
this time of year. Transferring 40 mt of
quota from the Reserve category would
result in 112.2 mt being available for the
October through November 2020
subquota period, thus effectively
providing limited additional
opportunities to harvest the U.S. bluefin
tuna quota while avoiding exceeding it.
Given the lag between initiation of an
inseason action and its implementation,
however, this notice also closes the
fishery, as NMFS anticipates the
transferred quota will be caught quickly.
NMFS plans to account for General
category overharvest from the
September 2020 subquota period
(preliminarily 43.5 mt as of October 7,
2020), as well as additional landings
from the June through August period
not previously accounted for in 85 FR
59445 (September 22, 2020), in a
subsequent notice, such as the notice
NMFS would prepare to announce a
quota transfer from the Reserve to the
General category December subquota
period.
Regarding the projected ability of the
vessels fishing under the particular
category quota (here, the General
category) to harvest the additional
amount of BFT quota transferred before
the end of the fishing year
(§ 635.27(a)(8)(iii)), NMFS anticipates
that all of the 40 mt of transferred quota
will be used by October 9, based on
current figures and the amount of quota
being transferred, but this is also subject
to weather conditions and BFT
availability. In the unlikely event that
any of this quota is unused by
November 30, such quota will roll
forward to the next subperiod within
the calendar year (i.e., the December
period), and NMFS anticipates that it
would be used before the end of the
fishing year. Thus, this quota transfer
would allow fishermen to take
advantage of the availability of fish on
the fishing grounds, 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 2020 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
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next. NMFS will need to account for
2020 landings and dead discards within
the adjusted U.S. quota, consistent with
ICCAT recommendations, and
anticipates having sufficient quota to do
that, even with the 40-mt transfer to the
General category for the October
through November fishery. NMFS
anticipates that General category
participants in all areas and time
periods will have opportunities to
harvest the General category quota in
2020, through active inseason
management such as the timing of quota
transfers, as practicable. Thus, this
quota transfer would allow fishermen to
take advantage of the availability of fish
on the fishing grounds to the extent
consistent with the available amount of
transferrable quota and other
management objectives, while avoiding
quota exceedance.
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
quota allocations (related to
§ 635.27(a)(8)(x)). Specific to the
General category, this includes
providing opportunity equitably across
all time periods.
Based on the considerations above,
NMFS is transferring 40 mt of the
available 128.7 mt of Reserve category
quota to the General category for the
October through November 2020
fishery, resulting in a subquota of 112.2
mt for the October through November
2020 fishery and 88.7 mt in the Reserve
category.
Closure of the October Through
November 2020 General Category
Fishery
Based on the best available landings
information for the General category
BFT fishery, NMFS has determined that
the adjusted October through November
subquota of 112.2 mt, adjusted in this
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Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Rules and Regulations
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action, is projected to be reached shortly
(i.e., as of October 7, reported landings
total approximately 67.3 mt) and that
the General category should be closed.
Therefore, retaining, possessing, or
landing large medium or giant BFT by
persons aboard vessels permitted in the
Atlantic tunas General category and
HMS Charter/Headboat category (while
fishing commercially) must cease at
11:30 p.m. local time on October 9,
2020. The General category will
automatically reopen December 1, 2020,
for the December 2020 subquota time
period. This action applies to Atlantic
tunas General category (commercial)
permitted vessels and HMS Charter/
Headboat category permitted vessels
with a commercial sale endorsement
when fishing commercially for BFT, and
is taken consistent with the regulations
at § 635.28(a)(1). The intent of this
closure is to prevent overharvest of the
available adjusted October through
November subquota.
Fishermen may catch and release (or
tag and release) BFT of all sizes, subject
to the requirements of the catch-andrelease and tag-and-release programs at
§ 635.26. All BFT that are released must
be handled in a manner that will
maximize their survival, and without
removing the fish from the water,
consistent with requirements at
§ 635.21(a)(1). For additional
information on safe handling, see the
‘‘Careful Catch and Release’’ brochure
available at https://
www.fisheries.noaa.gov/resource/
outreach-and-education/careful-catchand-release-brochure/.
Monitoring and Reporting
NMFS will continue to monitor the
BFT fisheries 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 and
retention limit adjustment, as well as
closures, and may result in enforcement
actions. Additionally, and separate from
the dealer reporting requirement,
General and HMS Charter/Headboat
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, using
the HMS Catch Reporting app, or calling
(888) 872–8862 (Monday through Friday
from 8 a.m. until 4:30 p.m.).
After the fishery reopens on December
1, depending on the level of fishing
effort and catch rates of BFT, NMFS
may determine that additional
adjustments are necessary to ensure
available subquotas are not exceeded or
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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
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
part 635, which was issued pursuant to
section 304(c), and is exempt from
review under Executive Order 12866.
The Assistant Administrator for
NMFS finds that pursuant to 5 U.S.C.
553(b)(B), there is good cause to waive
prior notice of, and an opportunity for
public comment on, 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.
This fishery is currently underway and
delaying this action would be contrary
to the public interest as it could result
in BFT landings exceeding the adjusted
October through November 2020
General category quota. Affording prior
notice and opportunity for public
comment to implement the quota
transfer is impracticable and contrary to
the public interest as such a delay
would likely result in exceedance of the
General category October through
November fishery subquota or earlier
closure of the fishery while fish are
available on the fishing grounds.
Subquota exceedance may result in the
need to reduce quota for the General
category later in the year and thus could
affect later fishing opportunities. This
action does not raise conservation and
management concerns. Transferring
quota from the Reserve category to the
General category does not affect the
overall U.S. BFT quota, and available
data shows the adjustment would have
a minimal risk of exceeding the ICCATallocated quota. NMFS notes that the
public had an opportunity to comment
on the underlying rulemakings that
established the U.S. BFT quota and the
inseason adjustment criteria. For all of
the above reasons, there is good cause
under 5 U.S.C. 553(d) to waive the 30day delay in effectiveness.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
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64413
Dated: October 8, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–22659 Filed 10–8–20; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 200227–0066; RTID 0648–
XA553]
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 unused
rock sole Community Development
Quota (CDQ) for yellowfin sole CDQ
acceptable biological catch (ABC)
reserves in the Bering Sea and Aleutian
Islands management area (BSAI). This
action is necessary to allow the 2020
total allowable catch (TAC) of yellowfin
sole in the BSAI to be harvested.
DATES: Effective October 9, 2020
through December 31, 2020.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: 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.
In the BSAI, the 2020 rock sole and
yellowfin sole CDQ reserves are 4,915
metric tons (mt) and 16,425 mt,
respectively, as established by the final
2020 and 2021 harvest specifications for
groundfish in the BSAI (85 FR 13553,
March 9, 2020) and as revised (85 FR
61875, October 1, 2020). The 2020 rock
sole and yellowfin sole CDQ ABC
reserves are 11,538 mt and 11,493 mt,
respectively, as established by the final
2020 and 2021 harvest specifications for
groundfish in the BSAI (85 FR 13553,
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 198 (Tuesday, October 13, 2020)]
[Rules and Regulations]
[Pages 64411-64413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22659]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02; RTID 0648-XA544]
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; quota transfer and closure.
-----------------------------------------------------------------------
SUMMARY: NMFS transfers 40 metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the Reserve category to the October through November
2020 General category subquota period and closes the General category
fishery until the General category reopens on December 1, 2020. The
quota transfer is intended to provide additional fishing opportunities
based on consideration of the regulatory determination criteria
regarding inseason adjustments and applies to Atlantic tunas General
category (commercial) permitted vessels and Highly Migratory Species
(HMS) Charter/Headboat category permitted vessels with a commercial
sale endorsement when fishing commercially for BFT. Given that the
adjusted quota is projected to be caught quickly, the closure is being
filed simultaneously to prevent overharvest of the adjusted General
category October through November 2020 BFT subquota.
DATES: The quota transfer is effective October 8, 2020, through
November 30, 2020. The closure is effective 11:30 p.m., local time,
October 9, 2020, through November 30, 2020.
FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Nicholas
Velseboer, 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 the
2006 Consolidated Highly Migratory Species Fishery Management Plan
(2006 Consolidated HMS FMP) (71 FR 58058, October 2, 2006) and
amendments. 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.
Under Sec. 635.28(a)(1), NMFS files a closure notice with the
Office of the Federal Register for publication when a BFT quota (or
subquota) is reached or is projected to be reached. Retaining,
possessing, or landing BFT under that quota category is prohibited on
or after the effective date and time of a closure notice for that
category until the opening of the relevant subsequent quota period or
until such date as specified.
The current baseline General and Reserve category quotas are 555.7
mt and 29.5 mt, respectively. See Sec. 635.27(a). Each of the General
category time periods (January, June through August, September, October
through
[[Page 64412]]
November, and December) is allocated a ``subquota'' or portion of the
annual General category quota. The baseline subquotas for each time
period are as follows: 29.5 mt for January; 277.9 mt for June through
August; 147.3 mt for September; 72.2 mt for October through November;
and 28.9 mt for December. Any unused General category quota rolls
forward from one time period to the next, and is available for use in
subsequent time periods. To date, NMFS has taken several actions that
resulted in adjustments to the General and Reserve category quotas,
resulting in currently adjusted quotas of 128.7 mt of quota for the
Reserve category, 100 mt for the General category January through March
2020 subquota period, and 9.4 mt for the December 2020 subquota period
(85 FR 17, January 2, 2020; 85 FR 6828, February 6, 2020; 85 FR 43148,
July 16, 2020; 85 FR 59445, September 22, 2020; and 85 FR 61872,
October 1, 2020).
Transfer of 40 mt From the Reserve Category to the General Category
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 all of the relevant determination criteria and their
applicability to this inseason quota transfer. 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 General category fishermen and provided by
bluefin tuna 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 General 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 General category quota to
date (including during the fall and winter fisheries in the last
several years), and the likelihood of closure of that segment of the
fishery if no adjustment is made (Sec. 635.27(a)(8)(ii) and (ix)).
Preliminary landings data as of October 7, 2020, indicate that the
General category landed 67.3 mt for the October through November
period. This represents 93 percent of the baseline October through
November subquota (72.2 mt). At the time of drafting of this inseason
action, the General category subquota has not yet been exceeded, but
without a quota transfer at this time, NMFS would likely close the
General category fishery shortly, and participants would have to stop
bluefin tuna fishing activities while commercial-sized bluefin tuna
remain available in the areas where General category permitted vessels
operate at this time of year. Transferring 40 mt of quota from the
Reserve category would result in 112.2 mt being available for the
October through November 2020 subquota period, thus effectively
providing limited additional opportunities to harvest the U.S. bluefin
tuna quota while avoiding exceeding it. Given the lag between
initiation of an inseason action and its implementation, however, this
notice also closes the fishery, as NMFS anticipates the transferred
quota will be caught quickly. NMFS plans to account for General
category overharvest from the September 2020 subquota period
(preliminarily 43.5 mt as of October 7, 2020), as well as additional
landings from the June through August period not previously accounted
for in 85 FR 59445 (September 22, 2020), in a subsequent notice, such
as the notice NMFS would prepare to announce a quota transfer from the
Reserve to the General category December subquota period.
Regarding the projected ability of the vessels fishing under the
particular category quota (here, the General category) to harvest the
additional amount of BFT quota transferred before the end of the
fishing year (Sec. 635.27(a)(8)(iii)), NMFS anticipates that all of
the 40 mt of transferred quota will be used by October 9, based on
current figures and the amount of quota being transferred, but this is
also subject to weather conditions and BFT availability. In the
unlikely event that any of this quota is unused by November 30, such
quota will roll forward to the next subperiod within the calendar year
(i.e., the December period), and NMFS anticipates that it would be used
before the end of the fishing year. Thus, this quota transfer would
allow fishermen to take advantage of the availability of fish on the
fishing grounds, 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 2020 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 2020 landings
and dead discards within the adjusted U.S. quota, consistent with ICCAT
recommendations, and anticipates having sufficient quota to do that,
even with the 40-mt transfer to the General category for the October
through November fishery. NMFS anticipates that General category
participants in all areas and time periods will have opportunities to
harvest the General category quota in 2020, through active inseason
management such as the timing of quota transfers, as practicable. Thus,
this quota transfer would allow fishermen to take advantage of the
availability of fish on the fishing grounds to the extent consistent
with the available amount of transferrable quota and other management
objectives, while avoiding quota exceedance.
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)). Specific to the General category, this
includes providing opportunity equitably across all time periods.
Based on the considerations above, NMFS is transferring 40 mt of
the available 128.7 mt of Reserve category quota to the General
category for the October through November 2020 fishery, resulting in a
subquota of 112.2 mt for the October through November 2020 fishery and
88.7 mt in the Reserve category.
Closure of the October Through November 2020 General Category Fishery
Based on the best available landings information for the General
category BFT fishery, NMFS has determined that the adjusted October
through November subquota of 112.2 mt, adjusted in this
[[Page 64413]]
action, is projected to be reached shortly (i.e., as of October 7,
reported landings total approximately 67.3 mt) and that the General
category should be closed. Therefore, retaining, possessing, or landing
large medium or giant BFT by persons aboard vessels permitted in the
Atlantic tunas General category and HMS Charter/Headboat category
(while fishing commercially) must cease at 11:30 p.m. local time on
October 9, 2020. The General category will automatically reopen
December 1, 2020, for the December 2020 subquota time period. This
action applies to Atlantic tunas General category (commercial)
permitted vessels and HMS Charter/Headboat category permitted vessels
with a commercial sale endorsement when fishing commercially for BFT,
and is taken consistent with the regulations at Sec. 635.28(a)(1). The
intent of this closure is to prevent overharvest of the available
adjusted October through November subquota.
Fishermen may catch and release (or tag and release) BFT of all
sizes, subject to the requirements of the catch-and-release and tag-
and-release programs at Sec. 635.26. All BFT that are released must be
handled in a manner that will maximize their survival, and without
removing the fish from the water, consistent with requirements at Sec.
635.21(a)(1). For additional information on safe handling, see the
``Careful Catch and Release'' brochure available at https://www.fisheries.noaa.gov/resource/outreach-and-education/careful-catch-and-release-brochure/.
Monitoring and Reporting
NMFS will continue to monitor the BFT fisheries 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 and retention limit adjustment,
as well as closures, and may result in enforcement actions.
Additionally, and separate from the dealer reporting requirement,
General and HMS Charter/Headboat 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, using the HMS Catch Reporting app, or calling
(888) 872-8862 (Monday through Friday from 8 a.m. until 4:30 p.m.).
After the fishery reopens on December 1, depending on the level of
fishing effort and catch rates of BFT, NMFS may determine that
additional adjustments are necessary to ensure available subquotas are
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
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 635, which was
issued pursuant to section 304(c), and is exempt from review under
Executive Order 12866.
The Assistant Administrator for NMFS finds that pursuant to 5
U.S.C. 553(b)(B), there is good cause to waive prior notice of, and an
opportunity for public comment on, 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. This fishery is currently underway and delaying this
action would be contrary to the public interest as it could result in
BFT landings exceeding the adjusted October through November 2020
General category quota. Affording prior notice and opportunity for
public comment to implement the quota transfer is impracticable and
contrary to the public interest as such a delay would likely result in
exceedance of the General category October through November fishery
subquota or earlier closure of the fishery while fish are available on
the fishing grounds. Subquota exceedance may result in the need to
reduce quota for the General category later in the year and thus could
affect later fishing opportunities. This action does not raise
conservation and management concerns. Transferring quota from the
Reserve category to the General category does not affect the overall
U.S. BFT quota, and available data shows the adjustment would have a
minimal risk of exceeding the ICCAT-allocated quota. NMFS notes that
the public had an opportunity to comment on the underlying rulemakings
that established the U.S. BFT quota and the inseason adjustment
criteria. For all of the above reasons, there is good cause under 5
U.S.C. 553(d) to waive the 30-day delay in effectiveness.
Authority: 16 U.S.C. 971 et seq. and 1801 et seq.
Dated: October 8, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-22659 Filed 10-8-20; 4:15 pm]
BILLING CODE 3510-22-P
