Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 71270-71272 [2020-24848]

Download as PDF 71270 Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Rules and Regulations CALIFORNIA—2012 ANNUAL PM2.5 NAAQS—Continued [Primary] Designation Classification Designated area 1 That portion of Los Angeles County which lies south and west of a line described as follows: Beginning at the Los Angeles-San Bernardino County boundary and running west along the Township line common to Township 3 North and Township 2 North, San Bernardino Base and Meridian; then north along the range line common to Range 8 West and Range 9 West; then west along the Township line common to Township 4 North and Township 3 North; then north along the range line common to Range 12 West and Range 13 West to the southeast corner of Section 12, Township 5 North and Range 13 West; then west along the south boundaries of Sections 12, 11, 10, 9, 8, and 7, Township 5 North and Range 13 West to the boundary of the Angeles National Forest which is collinear with the range line common to Range 13 West and Range 14 West; then north and west along the Angeles National Forest boundary to the point of intersection with the Township line common to Township 7 North and Township 6 North (point is at the northwest corner of Section 4 in Township 6 North and Range 14 West); then west along the Township line common to Township 7 North and Township 6 North; then north along the range line common to Range 15 West and Range 16 West to the southeast corner of Section 13, Township 7 North and Range 16 West; then along the south boundaries of Sections 13, 14, 15, 16, 17, and 18, Township 7 North and Range 16 West; then north along the range line common to Range 16 West and Range 17 West to the north boundary of the Angeles National Forest (collinear with the Township line common to Township 8 North and Township 7 North); then west and north along the Angeles National Forest boundary to the point of intersection with the south boundary of the Rancho La Liebre Land Grant; then west and north along this land grant boundary to the Los Angeles-Kern County boundary. Orange County .............................................................................................. Riverside County (part) ................................................................................. That portion of Riverside County which lies to the west of a line described as follows: Beginning at the Riverside-San Diego County boundary and running north along the range line common to Range 4 East and Range 3 East, San Bernardino Base and Meridian; then east along the Township line common to Township 8 South and Township 7 South; then north along the range line common to Range 5 East and Range 4 East; then west along the Township line common to Township 6 South and Township 7 South to the southwest corner of Section 34, Township 6 South, Range 4 East; then north along the west boundaries of Sections 34, 27, 22, 15, 10, and 3, Township 6 South, Range 4 East; then west along the Township line common to Township 5 South and Township 6 South; then north along the range line common to Range 4 East and Range 3 East; then west along the south boundaries of Sections 13, 14, 15, 16, 17, and 18, Township 5 South, Range 3 East; then north along the range line common to Range 2 East and Range 3 East; to the Riverside-San Bernardino County line. San Bernardino County (part) ....................................................................... That portion of San Bernardino County which lies south and west of a line described as follows: Beginning at the San Bernardino-Riverside County boundary and running north along the range line common to Range 3 East and Range 2 East, San Bernardino Base and Meridian; then west along the Township line common to Township 3 North and Township 2 North to the San Bernardino-Los Angeles County boundary. * 1 2 * * * Date 2 Type Date 2 ............................... ............................... Nonattainment ...... Nonattainment ...... December 9, 2020 December 9, 2020 Serious. Serious. ............................... Nonattainment ...... December 9, 2020 Serious. * * * * Includes areas of Indian country located in each county or area, except as otherwise specified. This date is April 15, 2015, unless otherwise noted. * * * * BILLING CODE 6560–50–P ACTION: National Oceanic and Atmospheric Administration SUMMARY: 50 CFR Part 635 [Docket No. 180117042–8884–02; RTID 0648–XA627] Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: VerDate Sep<11>2014 15:57 Nov 06, 2020 Jkt 253001 Temporary rule; fishery reopening. DEPARTMENT OF COMMERCE [FR Doc. 2020–23033 Filed 11–6–20; 8:45 am] khammond on DSKJM1Z7X2PROD with RULES Type PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 NMFS reopens the General category fishery for two days within the October through November 2020 General category subquota period. This action is intended to provide a reasonable opportunity to harvest the full annual U.S. bluefin tuna (BFT) quota without exceeding it, while maintaining an equitable distribution of fishing opportunities across time periods. This action applies to Atlantic tunas General category (commercial) permitted vessels and Atlantic Highly E:\FR\FM\09NOR1.SGM 09NOR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Rules and Regulations Migratory Species (HMS) Charter/ Headboat category permitted vessels with a commercial sale endorsement when fishing commercially for BFT. DATES: Effective 12:30 a.m., local time, November 7, 2020, through 11:30 p.m., local time, November 8, 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. 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 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 (85 FR 17, January 2, 2020; 85 FR 6828, February 6, 2020; 85 FR 43148, July 16, 2020; 85 FR 59445, September 22, 2020; 85 FR 61872, October 1, 2020; 85 FR 64411, October 13, 2020; and 85 FR 68798, October 30, 2020). In the most recent action (85 FR 68798), NMFS reopened the General category fishery for two days, October 28 and 29, 2020. VerDate Sep<11>2014 15:57 Nov 06, 2020 Jkt 253001 General Category Reopening As of November 4, 2020, preliminary landings data indicate that the General category landed 103.5 mt before closing. This represents 81 percent of the adjusted October through November subquota of 127.7 mt. Under regulations at § 635.28(a)(2), NMFS may reopen the fishery if NMFS determines that reasonable fishing opportunities are available. Based on average October landings rates, NMFS has determined that reopening the General category fishery for two days is appropriate given the amount of unused October through November subquota (i.e., 24.2 mt); depending on weather conditions and fish availability, a longer reopening could risk exceeding the unused quota available for the October through November subquota period. 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. 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 action would allow fishermen to take advantage of the availability of fish on the fishing grounds to the extent consistent with the available amount of quota and other management objectives, while avoiding quota exceedance. Therefore, the General category fishery will reopen at 12:30 a.m., November 7, 2020, and close at 11:30 p.m., November 8, 2020. The General category daily retention limit during this reopening remains the same as prior to closing: one large medium or giant (i.e., measuring 73 inches (185 cm) curved fork length or greater) bluefin tuna per vessel per day/trip. 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. Retaining, possessing, or landing large medium or giant BFT by persons aboard vessels permitted in the General and HMS Charter/Headboat categories must cease at 11:30 p.m. local time on November 8, 2020. The General category will automatically reopen December 1, 2020, for the December 2020 subquota time period (consistent with regulations at § 635.27(a)(1)) at the default one-fish level. In January 2020, NMFS adjusted the General category base subquota for PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 71271 the December 2020 period to 9.4 mt (85 FR 17, January 2, 2020). Based on quota availability in the Reserve, NMFS may consider transferring additional quota to the December subquota period, as appropriate. 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.). 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 authorized by 50 CFR 635.28(a)(2), 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. E:\FR\FM\09NOR1.SGM 09NOR1 71272 Federal Register / Vol. 85, No. 217 / Monday, November 9, 2020 / Rules and Regulations 553(b)(B), there is good cause to waive 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 reopen the fishery is impracticable and contrary to the public interest. The General category recently closed, but based on available BFT quotas, fishery performance in recent weeks, and the availability of BFT on the fishing grounds, responsive reopening of the fishery is warranted to allow fishermen to take advantage of availability of fish and of quota. NMFS could not have proposed this action earlier, as it needed to consider and respond to updated data and information about fishery conditions and this year’s landings. If NMFS was to offer a public comment period now, after having appropriately considered that data, it would preclude fishermen from harvesting BFT that are legally available. This action does not raise conservation and management concerns. 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: November 4, 2020. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2020–24848 Filed 11–4–20; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [RTID 0648–XY104] khammond on DSKJM1Z7X2PROD with RULES Fisheries of the Exclusive Economic Zone Off Alaska; St. Matthew Blue King Crab Rebuilding Plan in the Bering Sea and Aleutian Islands National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of agency decision. AGENCY: The National Marine Fisheries Service (NMFS) announces the SUMMARY: VerDate Sep<11>2014 15:57 Nov 06, 2020 Jkt 253001 approval of Amendment 50 to the Fishery Management Plan (FMP) for Bering Sea/Aleutian Islands (BSAI) King and Tanner Crabs (Crab FMP) (Amendment 50). Amendment 50 adds a new rebuilding plan for St. Matthew blue king crab (SMBKC) to the Crab FMP. The objective of this amendment is to rebuild the SMBKC stock. In order to comply with provisions of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), this action is necessary to implement a rebuilding plan prior to the start of the 2020/2021 fishing season. Amendment 50 is intended to promote the goals and objectives of the Magnuson-Stevens Act, the Crab FMP, and other applicable laws. DATES: The amendment was approved on October 13, 2020. ADDRESSES: Electronic copies of Amendment 50 and the Environmental Assessment (referred to as the ‘‘Analysis’’) prepared for this action may be obtained from www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Megan Mackey, 907–586–7228. SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Act requires that each regional fishery management council submit any FMP amendment it prepares to NMFS for review and approval, disapproval, or partial approval by the Secretary of Commerce (Secretary). The Magnuson-Stevens Act also requires that NMFS, upon receiving an FMP amendment, immediately publish a notice in the Federal Register announcing that the amendment is available for public review and comment. The Notice of Availability (NOA) for Amendment 50 was published in the Federal Register on July 15, 2020 (85 FR 42817) with a 60-day comment period that ended on September 14, 2020. NMFS received two comments during the public comment on the NOA. NMFS is not disapproving any part of Amendment 50 in response to these comments. NMFS summarized and responded to these comments under Comments and Responses, below. NMFS determined that Amendment 50 is consistent with the MagnusonStevens Act and other applicable laws, and the Secretary of Commerce approved Amendment 50 on October 13, 2020. The July 15, 2020 NOA contains additional information on this action. No changes to Federal regulations are necessary to implement the Amendment. NMFS manages the crab fisheries in the exclusive economic zone under the PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 Crab FMP. The North Pacific Fishery Management Council (Council) prepared the Crab FMP under the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. Regulations governing U.S. fisheries and implementing the FMP appear at 50 CFR parts 600 and 680. Through the Crab FMP, the State of Alaska (the State) is delegated management authority over certain aspects of the SMBKC fishery consistent with the Magnuson-Stevens Act and the FMP. Specific to this Crab FMP amendment, the State has established a harvest strategy to set total allowable catch (TAC) levels and guideline harvest levels (GHLs), and season or area closures when the TAC or GHL is reached. The State’s SMBKC harvest strategy (5 AAC 34.917) is more conservative than the Crab FMP’s control rule parameters. Under the State’s harvest strategy, directed fishing is prohibited at or below a larger biomass level than the Crab FMP’s overfishing level (FOFL) control rule. During rebuilding, the State’s harvest strategy will apply. NMFS declared the SMBKC stock overfished on October 22, 2018, because the estimated spawning biomass was below the minimum stock size threshold specified in the Crab FMP. In order to comply with provisions of the Magnuson-Stevens Act, a rebuilding plan must be implemented prior to the start of the 2020/2021 fishing season. In June 2020, the Council chose a rebuilding plan for SMBKC that allows directed harvest during rebuilding only if estimates of stock biomass are sufficient to open the fishery under the State’s crab harvest strategy. The rebuilding plan is consistent with the Magnuson-Stevens Act (16 U.S.C. 1854(e)); with the National Standards (see Analysis Section 4.1); and with National Standard Guidelines (50 CFR 600.310) on time for rebuilding, specifically rebuilding within a time (Ttarget) that is as short as possible, taking into account the status and biology of any overfished stocks of fish, the needs of fishing communities, recommendations by international organizations in which the United States participates, and the interaction of the overfished stock of fish with the marine ecosystem. This rebuilding plan will allow directed fishing pursuant to the State’s harvest strategy because such fishing, though limited, may provide important economic opportunities for harvesters, processors, and Alaska communities. Maintaining these economic opportunities for a limited directed commercial fishery under the State harvest strategy is important for E:\FR\FM\09NOR1.SGM 09NOR1

Agencies

[Federal Register Volume 85, Number 217 (Monday, November 9, 2020)]
[Rules and Regulations]
[Pages 71270-71272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24848]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 635

[Docket No. 180117042-8884-02; RTID 0648-XA627]


Atlantic Highly Migratory Species; Atlantic Bluefin Tuna 
Fisheries

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

ACTION: Temporary rule; fishery reopening.

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SUMMARY: NMFS reopens the General category fishery for two days within 
the October through November 2020 General category subquota period. 
This action is intended to provide a reasonable opportunity to harvest 
the full annual U.S. bluefin tuna (BFT) quota without exceeding it, 
while maintaining an equitable distribution of fishing opportunities 
across time periods. This action applies to Atlantic tunas General 
category (commercial) permitted vessels and Atlantic Highly

[[Page 71271]]

Migratory Species (HMS) Charter/Headboat category permitted vessels 
with a commercial sale endorsement when fishing commercially for BFT.

DATES: Effective 12:30 a.m., local time, November 7, 2020, through 
11:30 p.m., local time, November 8, 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.
    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 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 
(85 FR 17, January 2, 2020; 85 FR 6828, February 6, 2020; 85 FR 43148, 
July 16, 2020; 85 FR 59445, September 22, 2020; 85 FR 61872, October 1, 
2020; 85 FR 64411, October 13, 2020; and 85 FR 68798, October 30, 
2020). In the most recent action (85 FR 68798), NMFS reopened the 
General category fishery for two days, October 28 and 29, 2020.

General Category Reopening

    As of November 4, 2020, preliminary landings data indicate that the 
General category landed 103.5 mt before closing. This represents 81 
percent of the adjusted October through November subquota of 127.7 mt. 
Under regulations at Sec.  635.28(a)(2), NMFS may reopen the fishery if 
NMFS determines that reasonable fishing opportunities are available. 
Based on average October landings rates, NMFS has determined that 
reopening the General category fishery for two days is appropriate 
given the amount of unused October through November subquota (i.e., 
24.2 mt); depending on weather conditions and fish availability, a 
longer reopening could risk exceeding the unused quota available for 
the October through November subquota period. 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. 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 action would allow fishermen to take advantage of the availability 
of fish on the fishing grounds to the extent consistent with the 
available amount of quota and other management objectives, while 
avoiding quota exceedance.
    Therefore, the General category fishery will reopen at 12:30 a.m., 
November 7, 2020, and close at 11:30 p.m., November 8, 2020. The 
General category daily retention limit during this reopening remains 
the same as prior to closing: one large medium or giant (i.e., 
measuring 73 inches (185 cm) curved fork length or greater) bluefin 
tuna per vessel per day/trip. 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. Retaining, possessing, or landing 
large medium or giant BFT by persons aboard vessels permitted in the 
General and HMS Charter/Headboat categories must cease at 11:30 p.m. 
local time on November 8, 2020.
    The General category will automatically reopen December 1, 2020, 
for the December 2020 subquota time period (consistent with regulations 
at Sec.  635.27(a)(1)) at the default one-fish level. In January 2020, 
NMFS adjusted the General category base subquota for the December 2020 
period to 9.4 mt (85 FR 17, January 2, 2020). Based on quota 
availability in the Reserve, NMFS may consider transferring additional 
quota to the December subquota period, as appropriate.
    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.).
    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 authorized by 50 CFR 635.28(a)(2), 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.

[[Page 71272]]

553(b)(B), there is good cause to waive 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 reopen the fishery is impracticable and contrary to the 
public interest. The General category recently closed, but based on 
available BFT quotas, fishery performance in recent weeks, and the 
availability of BFT on the fishing grounds, responsive reopening of the 
fishery is warranted to allow fishermen to take advantage of 
availability of fish and of quota. NMFS could not have proposed this 
action earlier, as it needed to consider and respond to updated data 
and information about fishery conditions and this year's landings. If 
NMFS was to offer a public comment period now, after having 
appropriately considered that data, it would preclude fishermen from 
harvesting BFT that are legally available. This action does not raise 
conservation and management concerns. 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: November 4, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2020-24848 Filed 11-4-20; 4:15 pm]
BILLING CODE 3510-22-P