Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 75918-75920 [2020-26218]
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75918
Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Rules and Regulations
NMFS implements an
accountability measure for the
commercial sector of gray triggerfish in
the South Atlantic exclusive economic
zone (EEZ). NMFS projects commercial
landings of gray triggerfish will reach
the commercial annual catch limit
(ACL) for the July through December
season by November 29, 2020.
Therefore, NMFS is closing the
commercial sector for gray triggerfish in
the South Atlantic EEZ on November
29, 2020. This closure is necessary to
protect the gray triggerfish resource.
DATES: This temporary rule is effective
at 12:01 a.m., local time, on November
29, 2020, through December 31, 2020.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery of the South
Atlantic includes gray triggerfish and is
managed under the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (FMP). The FMP was prepared
by the South Atlantic Fishery
Management Council and is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622. All
weights in this temporary rule are given
in round weight.
The commercial ACL (equivalent to
the commercial quota) for gray
triggerfish in the South Atlantic is
divided into two 6-month fishing
seasons. The total commercial ACL of
312,324 lb (141,668 kg) is allocated 50
percent to each commercial fishing
season, or 156,162 lb (70,834 kg) for
January through June, and the same
amount for July through December, as
specified in 50 CFR 622.190(a)(8)(i) and
(ii).
After the January through June 2020
fishing season, 25,468 lb (11,552 kg) of
the gray triggerfish commercial quota
remained unharvested. As specified in
50 CFR 622.190(a)(8)(iii), NMFS added
this unused portion of the gray
triggerfish commercial quota to the
commercial quota for the July through
December 2020 fishing season.
Therefore, the gray triggerfish
commercial quota for the July through
December 2020 fishing season is
181,630 lb (82,385 kg). Any unused
commercial quota for the July through
December fishing season becomes void
and will not be added to any subsequent
quota (622.190(a)(8)(iii)).
Under 50 CFR 622.193(q)(1)(i), NMFS
is required to close the commercial
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SUMMARY:
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Jkt 253001
sector for gray triggerfish when the
commercial quota specified in 50 CFR
622.190(a)(8)(ii) is reached or is
projected to be reached by filing a
notification to that effect with the Office
of the Federal Register. NMFS has
determined that the commercial quota
for South Atlantic gray triggerfish for
the July through December 2020 fishing
season will be reached by November 29,
2020. Accordingly, the commercial
sector for South Atlantic gray triggerfish
is closed effective at 12:01 a.m., local
time, on November 29, 2020, and
remains closed until the start of the next
January through June fishing season on
January 1, 2021.
The operator of a vessel with a valid
Federal commercial vessel permit for
South Atlantic snapper-grouper with
gray triggerfish on board must have
landed and bartered, traded, or sold
such gray triggerfish prior to 12:01 a.m.,
local time, on November 29, 2020.
During the commercial closure, the
recreational bag limit specified in 50
CFR 622.187(b)(8), and the recreational
possession limits specified in 50 CFR
622.187(c), apply to all harvest or
possession of gray triggerfish in or from
the South Atlantic EEZ. Also during the
commercial closure, the sale or
purchase of gray triggerfish taken from
the South Atlantic EEZ is prohibited.
The prohibition on the sale or purchase
does not apply to gray triggerfish that
were harvested, landed ashore, and sold
prior to 12:01 a.m., local time, on
November 29, 2020, and were held in
cold storage by a dealer or processor.
For a person on board a vessel for
which a valid Federal commercial or
charter vessel/headboat permit for
South Atlantic snapper-grouper has
been issued, the bag and possession
limits and sale and purchase
prohibitions for gray triggerfish apply
regardless of whether the fish are
harvested in state or Federal waters, as
specified in 50 CFR 622.190(c)(1)(ii).
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
622.193(q)(1)(i), which was issued
pursuant to section 304(b) of the
Magnuson-Stevens Act, and is excempt
from review under Executive Order
12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment as
such procedures are unnecessary and
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Fmt 4700
Sfmt 4700
contrary to the public interest. Such
procedures are unnecessary because the
regulations associated with the
commercial quota for South Atlantic
gray triggerfish have already been
subject to notice and comment, and all
that remains is to notify the public of
the commercial closure for the
remainder of the July through December
2020 fishing season. Prior notice and
opportunity for public comment on this
action is contrary to the public interest
because of the need to immediately
implement the commercial closure to
protect South Atlantic gray triggerfish,
since the capacity of the fishing fleet
allows for rapid harvest of the
commercial quota. Prior notice and
opportunity for public comment would
require time and would potentially
result in a harvest that exceeds the
commercial quota.
For the aforementioned reasons, there
is good cause under 5 U.S.C. 553(d)(3)
to waive the 30-day delay in the
effective date of this action.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 23, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–26233 Filed 11–24–20; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 180117042–8884–02]
RTID 0648–XA652
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.
AGENCY:
NMFS is transferring 19.5
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the Reserve category
to the General category. This action is
intended to provide additional
opportunities for General category
fishermen to participate in the
December General category fishery,
which is scheduled to reopen on
December 1, 2020, and is based on
consideration of the regulatory
determination criteria regarding
inseason adjustments. This action
would affect Atlantic tunas General
category (commercial) permitted vessels
SUMMARY:
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Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Rules and Regulations
For the January 2020 subquota period,
NMFS transferred 19.5 mt of BFT quota
from the December 2020 subquota
period, and transferred 51 mt from the
Reserve category, resulting in an
adjusted subquota of 100 mt for the
January 2020 period and a subquota of
9.4 mt for the December 2020 period (85
FR 17, January 2, 2020, and 85 FR 6828,
February 6, 2020). The General category
fishery is currently closed and reopens
December 1, 2020.
and Highly Migratory Species (HMS)
Charter/Headboat category permitted
vessels with a commercial sale
endorsement when fishing
commercially for BFT.
Effective December 1, 2020,
through December 31, 2020.
DATES:
FOR FURTHER INFORMATION CONTACT:
jbell on DSKJLSW7X2PROD with RULES
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 for
2020, NMFS has taken several actions
that resulted in adjustments to the
General and Reserve category quotas,
leaving 20 mt of quota currently
available in the Reserve category (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).
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16:10 Nov 25, 2020
Jkt 253001
Transfer of 19.5 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 BFT dealers continue to
provide valuable data for ongoing
scientific studies of BFT age and
growth, migration, and reproductive
status. Additional opportunity to land
BFT in the General category would
support the 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 summer/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 November 16, 2020, indicate that the
General category has landed
approximately 818 mt this year, which
is also the total of the adjusted
subquotas for the January through
November time period. Absent a
transfer, the December General category
fishery would reopen on December 1
with an available quota of 9.4 mt,
which, depending on BFT availability
and fishing conditions, could be
harvested quickly. Transferring 19.5 mt
of BFT quota from the Reserve category
would result in 28.9 mt being available
to the General category in December,
restoring the December subquota to its
base amount prior to the January 2, 2020
action (85 FR 17), and would leave 0.5
mt in the Reserve category to account
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75919
for any BFT mortalities associated with
research.
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 considered
General category landings over the last
several years and landings to date this
year. Landings are highly variable and
depend on access to commercial-sized
BFT and fishing conditions, among
other factors. NMFS anticipates that
General category participants will be
able to harvest the 19.5 mt of transferred
BFT quota by the end of the fishing
year.
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
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 this 19.5 mt transfer to
the General category. 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
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Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Rules and Regulations
§ 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 19.5 mt from the
Reserve category to the General
category. Therefore, NMFS adjusts the
General category December 2020
subquota quota to 28.9 mt and adjusts
the Reserve category quota to 0.5 mt.
The General category fishery reopens
December 1, 2020, and will remain open
until December 31, 2020, or until the
adjusted General category quota is
reached, whichever comes first.
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Monitoring and Reporting
NMFS will continue to monitor the
BFT fishery closely. Dealers are required
to submit landing reports within 24
hours of a dealer receiving BFT. Late
reporting by dealers compromises
NMFS’ ability to timely implement
actions such as quota 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 or by using the
HMS Catch Reporting app, or calling
(888) 872–8862 (Monday through Friday
from 8 a.m. until 4:30 p.m.).
Depending on the level of fishing
effort and catch rates of BFT, NMFS
may determine that additional action
(e.g., closure) is 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.
NMFS reminds General category
participants that when the fishery
reopens December 1, 2020, the BFT
General category daily retention limit
will be one large medium or giant BFT
per vessel per day/trip.
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 (AA) finds that it is impracticable
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16:10 Nov 25, 2020
Jkt 253001
and contrary to the public interest to
provide prior notice of, and an
opportunity for public comment on, this
action for the following reasons:
The regulations implementing the
2006 Consolidated HMS FMP and
amendments provide for inseason quota
transfers to respond to the unpredictable
nature of BFT availability on the fishing
grounds, the migratory nature of this
species, and the regional variations in
the BFT fishery. Affording prior notice
and opportunity for public comment to
implement the quota transfer for the
December 2020 subquota period at this
time is impracticable and contrary to the
public interest as NMFS could not have
proposed this action earlier, as it needed
to consider and respond to updated
landings data in deciding to transfer a
portion of the Reserve quota to the
General category quota. If NMFS was to
offer a public comment period now,
after having appropriately considered
that data, it could preclude fishermen
from harvesting BFT that are legally
available consistent with all of the
regulatory criteria. 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: November 23, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–26218 Filed 11–25–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 201119–0308]
RIN 0648–BI04
Fisheries Off West Coast States; West
Coast Salmon Fisheries; Rebuilding
Chinook Salmon Stocks
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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Frm 00088
Fmt 4700
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Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
NMFS issues a final rule
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (MSA) to approve and
implement rebuilding plans
recommended by the Pacific Fishery
Management Council (Council) for two
overfished salmon stocks: Klamath
River fall-run Chinook salmon (KRFC)
and Sacramento River fall-run Chinook
salmon (SRFC). NMFS determined in
2018 that these stocks were overfished
under the MSA, due to spawning
escapement falling below the required
level for the three-year period 2015–
2017. The MSA requires overfished
stocks to be rebuilt, generally within 10
years.
DATES: This final rule is effective
December 28, 2020.
FOR FURTHER INFORMATION CONTACT:
Peggy Mundy at 206–526–4323.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
In June 2018, NMFS determined that
two stocks of Chinook salmon managed
under the Council’s Pacific Coast
Salmon Fishery Management Plan
(FMP) met the overfished criteria of the
FMP and the MSA. Overfished is
defined in the FMP to be when the
three-year geometric mean of a salmon
stock’s annual spawning escapements
falls below the reference point known as
the minimum stock size threshold
(MSST). The three-year geometric mean
of spawning escapement fell below
MSST for both KRFC and SRFC salmon
stocks for the period 2015–2017. In
response to the overfished
determination, the Council developed
rebuilding plans for these stocks, which
were transmitted to NMFS for approval
and implementation. NMFS published a
proposed rule (85 FR 6135, February 4,
2020) describing the rebuilding plans
and soliciting comments from the public
on the proposed rule and on the draft
environmental assessments (EA) that
were prepared under the National
Environmental Policy Act (NEPA).
Response to Comments
NMFS published a proposed rule on
February 4, 2020 (85 6135) and related
draft EAs for public comment. The
comment period ended on March 5,
2020. NMFS received four public
comment submissions from individuals
on the proposed rule and no comments
on the draft EA. The comments and
responses are below.
Comment 1: One person objected to
NOAA’s management of salmon stocks
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]]>Agencies
[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Rules and Regulations]
[Pages 75918-75920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26218]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02]
RTID 0648-XA652
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.
-----------------------------------------------------------------------
SUMMARY: NMFS is transferring 19.5 metric tons (mt) of Atlantic bluefin
tuna (BFT) quota from the Reserve category to the General category.
This action is intended to provide additional opportunities for General
category fishermen to participate in the December General category
fishery, which is scheduled to reopen on December 1, 2020, and is based
on consideration of the regulatory determination criteria regarding
inseason adjustments. This action would affect Atlantic tunas General
category (commercial) permitted vessels
[[Page 75919]]
and Highly Migratory Species (HMS) Charter/Headboat category permitted
vessels with a commercial sale endorsement when fishing commercially
for BFT.
DATES: Effective December 1, 2020, through December 31, 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 for 2020, NMFS has taken several
actions that resulted in adjustments to the General and Reserve
category quotas, leaving 20 mt of quota currently available in the
Reserve category (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).
For the January 2020 subquota period, NMFS transferred 19.5 mt of
BFT quota from the December 2020 subquota period, and transferred 51 mt
from the Reserve category, resulting in an adjusted subquota of 100 mt
for the January 2020 period and a subquota of 9.4 mt for the December
2020 period (85 FR 17, January 2, 2020, and 85 FR 6828, February 6,
2020). The General category fishery is currently closed and reopens
December 1, 2020.
Transfer of 19.5 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
BFT dealers continue to provide valuable data for ongoing scientific
studies of BFT age and growth, migration, and reproductive status.
Additional opportunity to land BFT in the General category would
support the 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 summer/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 November 16, 2020, indicate that the
General category has landed approximately 818 mt this year, which is
also the total of the adjusted subquotas for the January through
November time period. Absent a transfer, the December General category
fishery would reopen on December 1 with an available quota of 9.4 mt,
which, depending on BFT availability and fishing conditions, could be
harvested quickly. Transferring 19.5 mt of BFT quota from the Reserve
category would result in 28.9 mt being available to the General
category in December, restoring the December subquota to its base
amount prior to the January 2, 2020 action (85 FR 17), and would leave
0.5 mt in the Reserve category to account for any BFT mortalities
associated with research.
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 considered General
category landings over the last several years and landings to date this
year. Landings are highly variable and depend on access to commercial-
sized BFT and fishing conditions, among other factors. NMFS anticipates
that General category participants will be able to harvest the 19.5 mt
of transferred BFT quota by the end of the fishing year.
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 this 19.5 mt transfer to the General category. 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
[[Page 75920]]
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 19.5 mt
from the Reserve category to the General category. Therefore, NMFS
adjusts the General category December 2020 subquota quota to 28.9 mt
and adjusts the Reserve category quota to 0.5 mt. The General category
fishery reopens December 1, 2020, and will remain open until December
31, 2020, or until the adjusted General category quota is reached,
whichever comes first.
Monitoring and Reporting
NMFS will continue to monitor the BFT fishery closely. Dealers are
required to submit landing reports within 24 hours of a dealer
receiving BFT. Late reporting by dealers compromises NMFS' ability to
timely implement actions such as quota 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
or by using the HMS Catch Reporting app, or calling (888) 872-8862
(Monday through Friday from 8 a.m. until 4:30 p.m.).
Depending on the level of fishing effort and catch rates of BFT,
NMFS may determine that additional action (e.g., closure) is 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.
NMFS reminds General category participants that when the fishery
reopens December 1, 2020, the BFT General category daily retention
limit will be one large medium or giant BFT per vessel per day/trip.
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 (AA) finds that it is
impracticable and contrary to the public interest to provide prior
notice of, and an opportunity for public comment on, this action for
the following reasons:
The regulations implementing the 2006 Consolidated HMS FMP and
amendments provide for inseason quota transfers to respond to the
unpredictable nature of BFT availability on the fishing grounds, the
migratory nature of this species, and the regional variations in the
BFT fishery. Affording prior notice and opportunity for public comment
to implement the quota transfer for the December 2020 subquota period
at this time is impracticable and contrary to the public interest as
NMFS could not have proposed this action earlier, as it needed to
consider and respond to updated landings data in deciding to transfer a
portion of the Reserve quota to the General category quota. If NMFS was
to offer a public comment period now, after having appropriately
considered that data, it could preclude fishermen from harvesting BFT
that are legally available consistent with all of the regulatory
criteria. 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: November 23, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-26218 Filed 11-25-20; 8:45 am]
BILLING CODE 3510-22-P
