Atlantic Highly Migratory Species; General Category Restricted-Fishing Days, 25992-25997 [2021-10028]
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Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Proposed Rules
remains enacted, in full and unchanged,
irrespective of the SAFE I Rule, this
proposal, or any subsequent final rule.
As such, even though NHTSA now
expresses doubts about its substantive
conclusions in the SAFE I Rule and
proposes to withdraw those views here,
the Agency continues to believe that it
did not and cannot dictate or define by
law the self-executing scope of
preemption under Section 32919. This
is because of the Agency’s belief
expressed herein that its views on
Section 32919, while potentially
informative and advisory, do not carry
the force and effect of law.100 Therefore,
this proposal likewise would not change
the statutorily set scope of express
preemption and, as such, the Agency
does not consider this proposal to result
in any environmental impact that may
arise from such preemption.
6. Executive Order 12988 (Civil Justice
Reform)
For the reasons stated in the
preamble, the National Highway Traffic
Safety Administration proposes to
amend 49 CFR parts 531 and 533 as set
forth below.
PART 531—PASSENGER
AUTOMOBILE AVERAGE FUEL
ECONOMY STANDARDS
1. The authority citation for part 531
continues to read as follows:
■
Authority: 49 U.S.C. 32902; delegation of
authority at 49 CFR 1.95.
§ 531.7
■
[Removed]
2. Remove § 531.7.
Appendix B [Removed]
■
3. Remove appendix B to part 531.
PART 533—LIGHT TRUCK FUEL
ECONOMY STANDARDS
4. The authority citation for part 533
continues to read as follows:
■
Pursuant to Executive Order 12988,
‘‘Civil Justice Reform,’’ 101 NHTSA has
determined that this proposed rule does
not have any retroactive effect.
Authority: 49 U.S.C. 32902; delegation of
authority at 49 CFR 1.95.
7. Paperwork Reduction Act
■
In accordance with the Paperwork
Reduction Act of 1980, NHTSA states
that there are no requirements for
information collection associated with
this rulemaking action.
8. Privacy Act
Please note that anyone is able to
search the electronic form of all
comments received into any of DOT’s
dockets by the name of the individual
submitting the comment (or signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(Volume 65, Number 70; Pages 19477–
78), or you may visit https://dms.dot.gov.
List of Subjects in 49 CFR Parts 531 and
533
Fuel economy.
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Proposed Regulatory Text
100 See supra Sec. E(3). If NHTSA did, in fact,
have authority to establish the scope of preemption
with the force and effect of law, and if the Agency
inappropriately failed to incorporate environmental
considerations into its decision in the SAFE I Rule,
then establishing a clean slate and restoring the
scope to the status quo ante would rectify this
overstep. See, e.g., supra Sec. F(2). In the event
NHTSA is adjudged to possess such binding
authority and decides to exercise it in a future
rulemaking, such a clean state will allow NHTSA
to include such environmental considerations, if
appropriate, at that time.
101 61 FR 4729 (Feb. 7, 1996).
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§ 533.7
[Removed]
5. Remove § 533.7.
Appendix B [Removed]
■
6. Remove appendix B to part 533.
Issued on April 22, 2021, in Washington,
DC, under authority delegated in 49 CFR
1.81, 1.95, and 501.4
Steven S. Cliff,
Acting Administrator.
[FR Doc. 2021–08758 Filed 5–11–21; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 210505–0102]
RIN 0648–BK37
Atlantic Highly Migratory Species;
General Category Restricted-Fishing
Days
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS is proposing to set
Atlantic bluefin tuna (BFT) General
category restricted-fishing days (RFDs)
for the 2021 fishing year; clarify the
SUMMARY:
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regulations regarding applicability of
RFDs to highly migratory species (HMS)
Charter/Headboat permitted vessels; and
correct references to the Atlantic Tunas
General category permit in a section of
the Atlantic HMS regulations. This
proposed rule would establish RFDs for
specific days during the months of July
through November 2021. On an RFD,
Atlantic Tunas General category
permitted vessels may not fish for
(including catch-and-release or tag-andrelease fishing), possess, retain, land, or
sell BFT. On an RFD, HMS Charter/
Headboat permitted vessels with a
commercial sale endorsement also are
subject to these restrictions to preclude
commercially for BFT under the General
category restrictions and retention limits
but may still fish for, possess, retain, or
land BFT when fishing recreationally
under applicable HMS Angling category
rules.
Written comments must be
received by June 11, 2021. NMFS will
hold a public hearing via conference
call and webinar for this proposed rule
on May 19, 2021, from 3 p.m. to 5 p.m.
For webinar registration information,
see the SUPPLEMENTARY INFORMATION
section of this document.
DATES:
You may submit comments
on this document, identified by NOAA–
NMFS–2021–0040, by electronic
submission. Submit all electronic public
comments via the Federal e-Rulemaking
Portal. Go to https://
www.regulations.gov and enter ‘‘NOAA–
NMFS–2021–0040’’ in the Search box.
Click on the ‘‘Comment’’ icon, complete
the required fields, and enter or attach
your comments.
Comments sent by any other method,
to any other address or individual, or
received after the close of the comment
period, may not be considered by
NMFS. All comments received are a part
of the public record and will generally
be posted for public viewing on
www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.), confidential
business information, or otherwise
sensitive information submitted
voluntarily by the sender will be
publicly accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
NMFS will hold a public hearing via
conference call/webinar on this
proposed rule. For specific location,
date and time, see the SUPPLEMENTARY
INFORMATION section of this document.
ADDRESSES:
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Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Proposed Rules
Copies of this proposed rule and
supporting documents are available
from the HMS Management Division
website at https://
www.fisheries.noaa.gov/topic/atlantichighly-migratory-species or by
contacting Larry Redd at larry.redd@
noaa.gov or 301–427–8503.
FOR FURTHER INFORMATION CONTACT:
Larry Redd, Jr., larry.redd@noaa.gov,
301–427–8503, or Sarah McLaughlin,
sarah.mclaughlin@noaa.gov, 978–281–
9260.
SUPPLEMENTARY INFORMATION: Atlantic
HMS fisheries, including BFT fisheries,
are managed 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.). The 2006 Consolidated Atlantic
HMS Fishery Management Plan (2006
Consolidated HMS FMP) and its
amendments are implemented by
regulations at 50 CFR part 635. Section
635.27 divides 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
HMS FMP and its amendments. Section
635.23 specifies the retention limit
provisions for Atlantic Tunas General
category permitted vessels and HMS
Charter/Headboat permitted vessels,
including regarding RFDs.
In 2018, NMFS implemented a final
rule that established the U.S. BFT quota
and subquotas consistent with ICCAT
Recommendation 17–06 (83 FR 51391,
October 11, 2018). In 2020, following a
stock assessment update, ICCAT
adopted Recommendation 20–06, which
maintained the total allowable catch of
2,350 metric tons (mt) and the
associated U.S. quota. As such, as
described in § 635.27(a), the current
baseline U.S. quota remains 1,247.86 mt
(not including the 25 mt ICCAT
allocated to the United States to account
for bycatch of BFT in pelagic longline
fisheries in the Northeast Distant Gear
Restricted Area). The baseline quota for
the General category is 555.7 mt. Each
of the General category time periods
(January, June through August,
September, October through November,
and December) is allocated a portion of
the annual General category quota.
Although it is called the ‘‘January’’
subquota, the regulations allow the
General category fishery under this
quota to continue until the subquota is
reached or March 31, whichever comes
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first. 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 within the
fishing year, which coincides with the
calendar year, from one time period to
the next, and is available for use in
subsequent time periods.
Background
An RFD is a day, established ahead of
time through a schedule published in
the Federal Register, on which NMFS
sets the BFT retention limit at zero for
certain categories of permit holders.
Specifically, on an RFD, vessels
permitted in the Atlantic Tunas General
category are prohibited from fishing for
(including catch-and-release and tagand-release fishing), possessing,
retaining, landing, or selling BFT.
(§ 635.23(a)(2)). RFDs also apply to HMS
Charter/Headboat permitted vessels to
preclude fishing commercially under
General category restrictions and
retention limits on those days but do not
preclude such vessels from recreational
fishing activity under applicable
Angling category regulations, including
catch-and-release and tag-and-release
fishing (§ 635.23(c)(3)).
NMFS may waive previously
scheduled RFDs under certain
circumstances. Consistent with
§ 635.23(a)(4), NMFS may waive an RFD
by adjusting the daily BFT retention
limit from zero up to five on specified
RFDs, after considering the inseason
adjustment determination criteria at
§ 635.27(a)(8). This would include,
among other things, review of dealer
reports, daily landing trends, and the
availability of BFT on fishing grounds.
NMFS would announce any such
waiver by filing a retention limit
adjustment with the Office of the
Federal Register for publication. Such
adjustments would be effective no less
than 3 calendar days after the date of
filing for public inspection with the
Office of the Federal Register. NMFS
also may waive previously designated
RFDs effective upon closure of the
General category fishery so that persons
aboard vessels permitted in the General
category may conduct catch-and-release
or tag-and-release fishing for BFT under
§ 635.26(a). NMFS would not modify
the previously scheduled RFDs during
the fishing year in other ways (such as
changing an RFD from one date to
another, or adding RFDs).
NMFS originally established
regulatory authority to set ‘‘no-fishing’’
days for BFT in the General category
fishery in a 1995 rule (60 FR 38505, July
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25993
27, 1995). In that 1995 rule, NMFS
described ‘‘no-fishing’’ days as an
available effort control that could be
used to extend the General category
time-period subquotas and provide
additional inseason management
flexibility with regard to quota use and
distribution and season length. NMFS
renamed ‘‘no-fishing’’ days to be
‘‘RFDs’’ in a 1997 rulemaking, which
also included annual BFT quota
specifications and effort controls (62 FR
38939, July 21, 1997). From 1995
through 2007, NMFS set RFDs on an
annual basis. NMFS has not used such
RFDs since 2007.
In 2019 and 2020, NMFS received
numerous requests from Atlantic tuna
dealers, General category participants,
and members of the Atlantic HMS
Advisory Panel to resume the use of
RFDs. These requests indicated that
increasing BFT catch rates in the
General category have shortened the
time it takes to fill the relevant
subquotas, which has resulted in
unstable markets. NMFS has also
received a number of questions about
RFDs and concerns that using them
could hinder the market from operating
naturally, unnecessarily restrict fishing
opportunities during the fishing year,
and may negatively affect HMS fishing
tournaments for BFT by potentially
reducing General category registered
tournament participation.
NMFS is proposing to resume the use
of RFDs for the 2021 fishing year to
prevent recurrence of certain issues that
affected the fishery in 2019 and 2020.
These issues include the shortened time
to fish under the General category
subquotas that occurs when quota is
filled quickly, increasing numbers of
BFT that are landed but cannot be sold
by fishermen fishing under the General
category quota when there are large
volumes of landings in a short period,
and the resulting decreasing prices of
BFT. NMFS is proposing an RFD
schedule for the 2021 fishing year,
balancing these issues with other
concerns expressed about RFDs
affecting market operations and fishing
opportunities noted above. NMFS has
existing regulatory authority to annually
publish a notice of RFDs and to
implement them. § 635.23(a)(2). Given
the length of time that has passed since
NMFS last implemented RFDs in these
fisheries, however, NMFS is also
requesting comments on resuming the
use of RFDs more generally and on the
need for RFDs in the 2021 fishing year.
Proposed RFD Schedule for the 2021
Fishing Year
For 2021, NMFS proposes that
persons aboard vessels permitted in the
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General category would be prohibited
from fishing for (including catch-andrelease and tag-and-release fishing),
possessing, retaining, landing, or selling
BFT on the following days: all
Tuesdays, Fridays, and Saturdays from
July 20, 2021, through November 30,
2021, while the fishery is open. On
these designated RFDs, persons aboard
HMS Charter/Headboat permitted
vessels with a commercial sale
endorsement also would be prohibited
from fishing commercially for BFT.
Persons aboard all HMS Charter/
Headboat permitted vessels could fish
recreationally for BFT under the
applicable Angling category restrictions
and retention limits.
NMFS is proposing a schedule of days
from July through November based on
its review of average daily catch rate
data for recent years and a review of
past years’ RFD schedules and how they
worked to extend the use of the General
category quota, considering past closure
dates. We also considered input from
Atlantic tuna dealers, General category
participants, and members of the
Atlantic HMS Advisory Panel.
Considering this information, NMFS
believes that this schedule of Tuesday,
Friday, and Saturday RFDs should
increase the likelihood of pacing
General category landings to extend
fishing opportunities through a greater
portion of the subquota periods (similar
to past RFD schedules). It would also
allow for two-consecutive-day periods
twice each week (Sunday–Monday;
Wednesday–Thursday) for BFT product
to move through the market and also
allow for some commercial fishing
activity each weekend (Sunday).
As described above, based on
consideration of regulatory criteria at
§ 635.27(a)(8), NMFS may waive certain
RFDs consistent with § 635.23(a)(4),
either by adjusting the retention limit
upwards on a previously-scheduled
RFD or by waiving an RFD to allow
recreational fishing under the Angling
category restrictions and retention limits
when the General category closes. Once
the schedule is set, however, NMFS
would not modify RFDs in other ways
(e.g., switching days or adding RFDs).
Regulatory Clarification Regarding
Applicability of RFDs to HMS Charter/
Headboat Permitted Vessels
Section 635.23(c) specifies the BFT
retention limits for HMS Charter/
Headboat permitted vessels, including
when such vessels with a commercial
sale endorsement may fish under either
the General category (commercial) or
Angling category (recreational) retention
limits and restrictions. However, the
regulations do not clearly state which
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retention rules apply to such vessels on
an RFD. Rather, the regulations contain
various cross-references to establish
which retention limit applies to a vessel
with an Atlantic HMS Charter/Headboat
permit with a commercial endorsement
on an RFD. As such, NMFS proposes to
make minor changes at § 635.23(c) to
explicitly clarify in the regulations that
when the General category is closed or
on an RFD, Charter/Headboat permitted
vessels may only fish under the Angling
category limits. NMFS is also proposing
to correct two references to ‘‘General
category Atlantic Tunas’’ permits in this
section to ‘‘Atlantic Tunas General
category’’ permits, consistent with the
permit title name in other sections of
the Atlantic HMS regulations.
Request for Comments
NMFS is requesting comments on an
RFD schedule for the 2021 fishing year,
proposed under its existing regulatory
authority to annually publish a notice of
RFDs and to implement them
accordingly given the length of time that
has passed since NMFS last
implemented RFDs. However, NMFS is
also requesting comments on resuming
the use of such RFDs more generally
and the need for RFDs in the 2021
fishing year. Comments on this
proposed rule may be submitted via
www.regulations.gov or at a public
conference call/webinar. NMFS solicits
comments on this action by June 11,
2021 (see DATES and ADDRESSES).
During the comment period, NMFS
will hold a public hearing via
conference call and webinar for this
proposed action. Requests for sign
language interpretation or other
auxiliary aids should be directed to
Larry Redd at larry.redd@noaa.gov or
301–427–8503, at least 7 days prior to
the meeting.
The webinar/conference call will take
place on May 19, 2021. Information for
registering and accessing the webinars
can be found at https://
www.fisheries.noaa.gov/action/
proposed-rule-implement-generalcategory-restricted-fishing-days-2021atlantic-bluefin-tuna.
The public is reminded that NMFS
expects participants at public webinars/
conference calls to conduct themselves
appropriately. At the beginning of each
webinar/conference call, the moderator
will explain how the webinar/
conference call will be conducted and
how and when participants can provide
comments. NMFS representative(s) will
structure the webinars/conference calls
so that all members of the public will be
able to comment, if they so choose,
regardless of the controversial nature of
the subject(s). Participants are expected
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to respect the ground rules, and those
that do not may be asked to leave the
webinars/conference calls.
Classification
The NMFS Assistant Administrator
has determined that the proposed rule is
consistent with the 2006 Consolidated
HMS FMP and its amendments, other
provisions of the Magnuson-Stevens
Act, ATCA, and other applicable law,
subject to further consideration after
public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
An Initial Regulatory Flexibility
Analysis (IRFA) was prepared, as
required by section 603 of the
Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact
this proposed rule, if adopted, would
have on small entities. A description of
the action, why it is being considered,
and the legal basis for this action are
contained at the beginning of this
section in the preamble and in the
SUMMARY section of the preamble. A
summary of the analysis follows. A copy
of this analysis is available from NMFS
(see ADDRESSES).
Section 603(b)(1) requires agencies to
describe the reasons why the action is
being considered. The purpose of this
proposed rulemaking is, consistent with
the objectives of the 2006 Consolidated
HMS FMP and its amendments, the
Magnuson-Stevens Act, ATCA, and
other applicable law, to potentially set
a schedule of RFDs for the 2021 fishing
year as an effort to control for the
General category quota, and to extend
General category fishing opportunities
through a greater portion of the General
category time-period subquotas than
have been available in recent years.
Implementation of the proposal would
further the management goals and
objectives stated in the 2006
Consolidated HMS FMP and its
amendments.
Section 603(b)(2) of the RFA requires
agencies to state the objectives of, and
legal basis for, the proposed action. The
objective of this proposed rulemaking is
to set a schedule of RFDs for the 2021
fishing year to increase the likelihood of
pacing General category landings to
extend fishing opportunities through a
greater portion of the subquota periods
(similar to past RFD schedules).
Additionally, this proposed rule would
clarify the regulations regarding
applicability of RFDs to vessels
permitted in the HMS Charter-Headboat
category. The legal basis for the
proposed rule is the Magnuson-Stevens
Act and ATCA.
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Section 603(b)(3) of the RFA requires
agencies to provide an estimate of the
number of small entities to which the
rule would apply. NMFS established a
small business size standard of $11
million in annual gross receipts for all
businesses in the commercial fishing
industry (NAICS 11411) for RFA
compliance purposes. The Small
Business Administration (SBA) has
established size standards for all other
major industry sectors in the United
States, including the scenic and
sightseeing transportation (water) sector
(NAICS code 487210), which includes
for-hire (charter/party boat) fishing
entities. The SBA has defined a small
entity under the scenic and sightseeing
transportation (water) sector as one with
average annual receipts (revenue) of less
than $8.0 million. Therefore, NMFS
considers all HMS permit holders, both
commercial and for-hire, to be small
entities because they had average
annual receipts of less than their
respective sector’s standard of $11
million and $8 million. The 2019 total
ex-vessel annual revenue for the BFT
fishery was $9.8 million. Since a small
business is defined as having annual
receipts not in excess of $11.0 million,
each individual BFT fishing entity
would fall within the small business
definition. Thus, all of the entities
affected by this rule are considered to be
small entities for the purposes of the
RFA. The numbers of relevant annual
Atlantic Tunas or Atlantic HMS permits
as of October 2020 are as follows: 2,645
General category permit holders and
3,839 HMS Charter/Headboat permit
holders, of which 1,681 hold HMS
Charter/Headboat permits with a
commercial sale endorsement.
Section 603(b)(4) of the RFA requires
agencies to describe any new reporting,
record-keeping, and other compliance
requirements. This proposed rule does
not contain any new collection of
information, reporting, or recordkeeping requirements. This proposed
rule would set a schedule of RFDs for
2021 as an effort control for the General
category quota and would clarify
existing regulatory text about the
applicability of RFDs to HMS Charter/
Headboat permitted vessels.
Under section 603(b)(5) of the RFA,
agencies must identify, to the extent
practicable, relevant Federal rules
which duplicate, overlap, or conflict
with the proposed action. Fishermen,
dealers, and managers in these fisheries
must comply with a number of
international agreements, domestic
laws, and other fishery management
measures. These include, but are not
limited to, the Magnuson-Stevens Act,
ATCA, the High Seas Fishing
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Compliance Act, the Marine Mammal
Protection Act, the Endangered Species
Act, the National Environmental Policy
Act, the Paperwork Reduction Act, and
the Coastal Zone Management Act. This
proposed action has been determined
not to duplicate, overlap, or conflict
with any Federal rules.
Under section 603(c) of the RFA,
agencies must describe any significant
alternatives to the proposed rule which
accomplish the stated objectives of
applicable statutes and which minimize
any significant economic impact of the
proposed rule on small entities.
Specifically, the RFA (5 U.S.C.
603(c)(1)–(4)) lists four general
categories of significant alternatives to
assist an agency in the development of
significant alternatives. These categories
of alternatives are: (1) Establishment of
differing compliance or reporting
requirements or timetables that take into
account the resources available to small
entities; (2) clarification, consolidation,
or simplification of compliance and
reporting requirements under the rule
for such small entities; (3) use of
performance rather than design
standards; and, (4) exemptions from
coverage of the rule, or any part thereof,
for small entities.
Regarding the first, second, and fourth
categories, NMFS cannot establish
differing compliance or reporting
requirements for small entities or
exempt small entities from coverage of
the rule or parts of it, because all of the
businesses impacted by this rule are
considered small entities, and thus the
requirements are already designed for
small entities. Regarding the third
category, NMFS does not know of any
performance or design standards that
would satisfy the aforementioned
objectives of this rulemaking.
This proposed rule would not change
the U.S. Atlantic BFT quotas or
implement any new management
measures not previously considered
under the 2006 Consolidated HMS FMP
and its amendments. This proposed rule
would instead resume use of RFDs and
provide the regulated community the
opportunity to comment on this
proposal; propose a schedule of RFDs
for 2021; clarify existing regulatory text
about the applicability of RFDs to HMS
Charter/Headboat permitted vessels; and
make a minor change to correct two
permit title references in a section of the
regulations. Under the regulations,
when a General category time period
subquota is reached or projected to be
reached, NMFS closes the General
category fishery. Retaining, possessing,
or landing BFT under that quota
category is prohibited on and after the
effective date and time of a closure
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notice for that category, for the
remainder of the fishing year, until the
opening of the subsequent quota period
or until such date as specified. In recent
years, these closures, if needed, have
generally occurred toward the end of
any particular subquota time period.
According to communications with
dealers and fishermen, several of the
high-volume HMS Atlantic tunas
dealers in 2019 and 2020 were limiting
their purchases of BFT and buying no or
very few BFT (such as harpooned fish
only) on certain days during the
beginning portion of the June through
August subquota time period in order to
extend the available quota until later in
the subperiod given market
considerations. However, while these
actions may have prevented large
numbers of BFT from entering the
market at the same time and may have
lengthened the time before any
particular subquota was closed, because
these actions were not pre-scheduled or
consistently implemented across the
fishery, there were negative impacts
experienced by some General category
and Charter/Headboat permitted
fishermen, who could not find buyers
for their BFT. As a result, a number of
BFT that normally would have been
sold were not, and opportunities may
not have been equitably distributed
among all permitted vessels. Table 1
shows the number and total metric tons
(mt) of BFT that were landed but not
sold by fishermen fishing under the
General category quota for 2017 through
2020. The number and weight of unsold
BFT has been increasing since 2017, and
increased substantially (from 20 to 173
BFT and 3.8 to 31.4 mt) between 2019
and 2020.
TABLE 1—THE NUMBER (COUNT) AND
WEIGHT (mt) OF BFT THAT WERE
LANDED BUT UNSOLD BY GENERAL
CATEGORY PARTICIPANTS BY YEAR
Year
2017
2018
2019
2020
Count
Weight (mt)
..........
..........
..........
..........
0
14
20
173
0
2.6
3.8
31.4
Total ......
207
37.8
In addition to reviewing the data
regarding the amount of unsold BFT,
NMFS also reviewed the average exvessel price. Table 2 shows the average
ex-vessel price per pound of BFT during
each General category subquota time
period for the years 2017 through 2020.
On an annual basis, the ex-vessel price
tends to be lower for the June through
August subquota time period, with an
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Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Proposed Rules
conditions, daily retention limits, and
market conditions) and that in 2020, the
worsening of global market conditions
was an additional factor impacting the
number of BFT unsold. These
conditions generally occurred in June
through August 2019, and were repeated
in June through August 2020, with
average (2017 through 2020) price of
$6.04, and increases over the summer
and fall period ($6.30 for September
period and $6.49 for the October
through November period). NMFS
understands that several factors
influenced dealers’ decisions to not
purchase BFT in 2019 (e.g., fish
conditions and prices improving by the
fall. However, in 2020, the average price
per pound was lower for the June
through December subquota time
periods than in any of the three prior
years.
TABLE 2—AVERAGE EX-VESSEL PRICE PER POUND ($) OF BFT BY GENERAL CATEGORY SUBQUOTA TIME PERIOD
[2017–2020]
Subquota time period
Year
khammond on DSKJM1Z7X2PROD with PROPOSALS
2017
2018
2019
2020
2017
January
through March
.....................................................................................
.....................................................................................
.....................................................................................
.....................................................................................
through 2020 average ................................................
To help address these issues, NMFS is
proposing to establish a schedule of
RFDs for the 2021 fishing year that
would regulate specific days on which
fishing and sales will not occur.
Specifically, the proposed schedule
allows for two-consecutive-day periods
twice each week for BFT product to
move through the market while also
allowing some commercial fishing
activity to occur each weekend (i.e.,
Sundays). Because this schedule of
RFDs would apply to all participants
equally, NMFS anticipates that this
schedule would extend fishing
opportunities through a greater
proportion of the subquota time periods
in which they apply by spreading
fishing effort out over time. Further, to
the extent that the ex-vessel revenue for
a BFT sold by a General or HMS
Charter/Headboat permitted vessel (with
a commercial endorsement) may be
higher when a lower volume of
domestically-caught BFT is on the
market at one time, the use of RFDs may
result in some increase in BFT price,
and the value of the General category
subquotas could increase. Thus,
although NMFS anticipates that the
same overall amount of the General
category quota would be landed as well
as the same amount of BFT landed per
vessel, there may be some positive
impacts to the General category and
Charter/Headboat (commercial) BFT
fishery. Using RFDs may more equitably
distribute opportunities across all
permitted vessels for longer durations
within the subquota time periods.
If NMFS does not implement a
schedule, without any other changes, it
is possible that the trends of increasing
numbers of unsold BFT (Table 1) and
VerDate Sep<11>2014
17:00 May 11, 2021
Jkt 253001
June through
August
$7.37
7.43
6.06
6.13
6.75
$6.72
6.92
5.61
4.91
6.04
decreasing ex-vessel prices (Table 2)
would continue. If these trends
continue, all participants could
continue to experience negative
economic impacts.
This proposed rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels,
Foreign relations, Imports, Penalties,
Reporting and recordkeeping
requirements, Statistics, Treaties.
Dated: May 6, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 635 is proposed
to be amended as follows:
PART 635—ATLANTIC HIGHLY
MIGRATORY SPECIES
1. The authority citation for part 635
continues to read as follows:
■
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C.
1801 et seq.
2. In § 635.2, revise the definition of
‘‘Restricted-fishing day (RFD)’’ to read
as follows:
■
§ 635.2
Definitions.
*
*
*
*
*
Restricted-fishing day (RFD) is a day,
beginning at 0000 hours and ending at
2400 hours local time, during which a
person aboard a vessel issued:
(1) An Atlantic Tunas General
category permit may not fish for,
possess, retain, land, or sell a BFT; and
PO 00000
Frm 00036
Fmt 4702
Sfmt 4702
October
through
November
September
$7.08
6.55
6.36
5.21
6.30
$7.56
7.58
5.53
5.30
6.49
December
$9.83
9.56
12.25
5.76
9.35
(2) A Charter/Headboat permit with a
commercial endorsement may not fish
commercially for BFT under the General
category rules, but may fish for, possess,
retain, or land BFT under the Angling
category restrictions and retention
limits.
*
*
*
*
*
■ 3. In § 635.23, revise paragraphs (a)(1)
and (3) and (c)(1) through (3) and add
paragraph (c)(4) to read as follows:
§ 635.23
Retention limits for bluefin tuna.
*
*
*
*
*
(a) * * *
(1) No person aboard a vessel that has
an Atlantic Tunas General category
permit may possess, retain, land, or sell
a BFT in the school, large school, or
small medium size class.
*
*
*
*
*
(3) Regardless of the length of a trip,
no more than a single day’s retention
limit of large medium or giant BFT may
be possessed or retained aboard a vessel
that has an Atlantic Tunas General
category permit. On days other than
RFDs, when the General category is
open, no person aboard such vessel may
continue to fish, and the vessel must
immediately proceed to port, once the
applicable limit for large medium or
giant BFT is retained.
*
*
*
*
*
(c) * * *
(1) When fishing in the Gulf of
Mexico, the restrictions and retention
limits applicable to the Angling category
specified in paragraph (b)(1) of the
section apply.
(2) When fishing other than in the
Gulf of Mexico when the fishery for the
General category is closed or on an RFD,
the restrictions and retention limits
applicable to the Angling category
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Federal Register / Vol. 86, No. 90 / Wednesday, May 12, 2021 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS
specified in paragraphs (b)(1) through
(3) of this section apply.
(3) When fishing other than in the
Gulf of Mexico when the General
category fishery is open and not on an
RFD, a person aboard a vessel that has
been issued an HMS Charter/Headboat
permit with a commercial sale
endorsement may fish under either the
General category restrictions and
retention limits as specified in
paragraphs (a)(1) through (3) of this
VerDate Sep<11>2014
17:00 May 11, 2021
Jkt 253001
section or the Angling category
restrictions and retention limits as
specified in paragraphs (b)(1) through
(3) of this section. The size category of
the first BFT retained will determine
whether the General category or Angling
category restrictions and retention limits
apply to the vessel that day.
(4) When fishing other than in the
Gulf of Mexico when the General
category fishery is open and not on an
RFD, a person aboard a vessel that has
PO 00000
Frm 00037
Fmt 4702
Sfmt 9990
25997
been issued an HMS Charter/Headboat
permit without a commercial sale
endorsement permit may only fish for,
possess, retain, or land BFT under the
Angling category restrictions and
retention limits as specified in
paragraphs (b)(1) through (3) of this
section.
*
*
*
*
*
[FR Doc. 2021–10028 Filed 5–11–21; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 86, Number 90 (Wednesday, May 12, 2021)]
[Proposed Rules]
[Pages 25992-25997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10028]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 210505-0102]
RIN 0648-BK37
Atlantic Highly Migratory Species; General Category Restricted-
Fishing Days
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS is proposing to set Atlantic bluefin tuna (BFT) General
category restricted-fishing days (RFDs) for the 2021 fishing year;
clarify the regulations regarding applicability of RFDs to highly
migratory species (HMS) Charter/Headboat permitted vessels; and correct
references to the Atlantic Tunas General category permit in a section
of the Atlantic HMS regulations. This proposed rule would establish
RFDs for specific days during the months of July through November 2021.
On an RFD, Atlantic Tunas General category permitted vessels may not
fish for (including catch-and-release or tag-and-release fishing),
possess, retain, land, or sell BFT. On an RFD, HMS Charter/Headboat
permitted vessels with a commercial sale endorsement also are subject
to these restrictions to preclude commercially for BFT under the
General category restrictions and retention limits but may still fish
for, possess, retain, or land BFT when fishing recreationally under
applicable HMS Angling category rules.
DATES: Written comments must be received by June 11, 2021. NMFS will
hold a public hearing via conference call and webinar for this proposed
rule on May 19, 2021, from 3 p.m. to 5 p.m. For webinar registration
information, see the SUPPLEMENTARY INFORMATION section of this
document.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2021-0040, by electronic submission. Submit all electronic
public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter ``NOAA-NMFS-2021-0040'' in the Search
box. Click on the ``Comment'' icon, complete the required fields, and
enter or attach your comments.
Comments sent by any other method, to any other address or
individual, or received after the close of the comment period, may not
be considered by NMFS. All comments received are a part of the public
record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
NMFS will hold a public hearing via conference call/webinar on this
proposed rule. For specific location, date and time, see the
SUPPLEMENTARY INFORMATION section of this document.
[[Page 25993]]
Copies of this proposed rule and supporting documents are available
from the HMS Management Division website at https://www.fisheries.noaa.gov/topic/atlantic-highly-migratory-species or by
contacting Larry Redd at [email protected] or 301-427-8503.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., [email protected],
301-427-8503, or Sarah McLaughlin, [email protected], 978-281-
9260.
SUPPLEMENTARY INFORMATION: Atlantic HMS fisheries, including BFT
fisheries, are managed 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.). The 2006 Consolidated Atlantic HMS Fishery
Management Plan (2006 Consolidated HMS FMP) and its amendments are
implemented by regulations at 50 CFR part 635. Section 635.27 divides
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 HMS FMP and its
amendments. Section 635.23 specifies the retention limit provisions for
Atlantic Tunas General category permitted vessels and HMS Charter/
Headboat permitted vessels, including regarding RFDs.
In 2018, NMFS implemented a final rule that established the U.S.
BFT quota and subquotas consistent with ICCAT Recommendation 17-06 (83
FR 51391, October 11, 2018). In 2020, following a stock assessment
update, ICCAT adopted Recommendation 20-06, which maintained the total
allowable catch of 2,350 metric tons (mt) and the associated U.S.
quota. As such, as described in Sec. 635.27(a), the current baseline
U.S. quota remains 1,247.86 mt (not including the 25 mt ICCAT allocated
to the United States to account for bycatch of BFT in pelagic longline
fisheries in the Northeast Distant Gear Restricted Area). The baseline
quota for the General category is 555.7 mt. Each of the General
category time periods (January, June through August, September, October
through November, and December) is allocated a portion of the annual
General category quota. Although it is called the ``January'' subquota,
the regulations allow the General category fishery under this quota to
continue until the subquota is reached or March 31, whichever comes
first. 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 within the
fishing year, which coincides with the calendar year, from one time
period to the next, and is available for use in subsequent time
periods.
Background
An RFD is a day, established ahead of time through a schedule
published in the Federal Register, on which NMFS sets the BFT retention
limit at zero for certain categories of permit holders. Specifically,
on an RFD, vessels permitted in the Atlantic Tunas General category are
prohibited from fishing for (including catch-and-release and tag-and-
release fishing), possessing, retaining, landing, or selling BFT.
(Sec. 635.23(a)(2)). RFDs also apply to HMS Charter/Headboat permitted
vessels to preclude fishing commercially under General category
restrictions and retention limits on those days but do not preclude
such vessels from recreational fishing activity under applicable
Angling category regulations, including catch-and-release and tag-and-
release fishing (Sec. 635.23(c)(3)).
NMFS may waive previously scheduled RFDs under certain
circumstances. Consistent with Sec. 635.23(a)(4), NMFS may waive an
RFD by adjusting the daily BFT retention limit from zero up to five on
specified RFDs, after considering the inseason adjustment determination
criteria at Sec. 635.27(a)(8). This would include, among other things,
review of dealer reports, daily landing trends, and the availability of
BFT on fishing grounds. NMFS would announce any such waiver by filing a
retention limit adjustment with the Office of the Federal Register for
publication. Such adjustments would be effective no less than 3
calendar days after the date of filing for public inspection with the
Office of the Federal Register. NMFS also may waive previously
designated RFDs effective upon closure of the General category fishery
so that persons aboard vessels permitted in the General category may
conduct catch-and-release or tag-and-release fishing for BFT under
Sec. 635.26(a). NMFS would not modify the previously scheduled RFDs
during the fishing year in other ways (such as changing an RFD from one
date to another, or adding RFDs).
NMFS originally established regulatory authority to set ``no-
fishing'' days for BFT in the General category fishery in a 1995 rule
(60 FR 38505, July 27, 1995). In that 1995 rule, NMFS described ``no-
fishing'' days as an available effort control that could be used to
extend the General category time-period subquotas and provide
additional inseason management flexibility with regard to quota use and
distribution and season length. NMFS renamed ``no-fishing'' days to be
``RFDs'' in a 1997 rulemaking, which also included annual BFT quota
specifications and effort controls (62 FR 38939, July 21, 1997). From
1995 through 2007, NMFS set RFDs on an annual basis. NMFS has not used
such RFDs since 2007.
In 2019 and 2020, NMFS received numerous requests from Atlantic
tuna dealers, General category participants, and members of the
Atlantic HMS Advisory Panel to resume the use of RFDs. These requests
indicated that increasing BFT catch rates in the General category have
shortened the time it takes to fill the relevant subquotas, which has
resulted in unstable markets. NMFS has also received a number of
questions about RFDs and concerns that using them could hinder the
market from operating naturally, unnecessarily restrict fishing
opportunities during the fishing year, and may negatively affect HMS
fishing tournaments for BFT by potentially reducing General category
registered tournament participation.
NMFS is proposing to resume the use of RFDs for the 2021 fishing
year to prevent recurrence of certain issues that affected the fishery
in 2019 and 2020. These issues include the shortened time to fish under
the General category subquotas that occurs when quota is filled
quickly, increasing numbers of BFT that are landed but cannot be sold
by fishermen fishing under the General category quota when there are
large volumes of landings in a short period, and the resulting
decreasing prices of BFT. NMFS is proposing an RFD schedule for the
2021 fishing year, balancing these issues with other concerns expressed
about RFDs affecting market operations and fishing opportunities noted
above. NMFS has existing regulatory authority to annually publish a
notice of RFDs and to implement them. Sec. 635.23(a)(2). Given the
length of time that has passed since NMFS last implemented RFDs in
these fisheries, however, NMFS is also requesting comments on resuming
the use of RFDs more generally and on the need for RFDs in the 2021
fishing year.
Proposed RFD Schedule for the 2021 Fishing Year
For 2021, NMFS proposes that persons aboard vessels permitted in
the
[[Page 25994]]
General category would be prohibited from fishing for (including catch-
and-release and tag-and-release fishing), possessing, retaining,
landing, or selling BFT on the following days: all Tuesdays, Fridays,
and Saturdays from July 20, 2021, through November 30, 2021, while the
fishery is open. On these designated RFDs, persons aboard HMS Charter/
Headboat permitted vessels with a commercial sale endorsement also
would be prohibited from fishing commercially for BFT. Persons aboard
all HMS Charter/Headboat permitted vessels could fish recreationally
for BFT under the applicable Angling category restrictions and
retention limits.
NMFS is proposing a schedule of days from July through November
based on its review of average daily catch rate data for recent years
and a review of past years' RFD schedules and how they worked to extend
the use of the General category quota, considering past closure dates.
We also considered input from Atlantic tuna dealers, General category
participants, and members of the Atlantic HMS Advisory Panel.
Considering this information, NMFS believes that this schedule of
Tuesday, Friday, and Saturday RFDs should increase the likelihood of
pacing General category landings to extend fishing opportunities
through a greater portion of the subquota periods (similar to past RFD
schedules). It would also allow for two-consecutive-day periods twice
each week (Sunday-Monday; Wednesday-Thursday) for BFT product to move
through the market and also allow for some commercial fishing activity
each weekend (Sunday).
As described above, based on consideration of regulatory criteria
at Sec. 635.27(a)(8), NMFS may waive certain RFDs consistent with
Sec. 635.23(a)(4), either by adjusting the retention limit upwards on
a previously-scheduled RFD or by waiving an RFD to allow recreational
fishing under the Angling category restrictions and retention limits
when the General category closes. Once the schedule is set, however,
NMFS would not modify RFDs in other ways (e.g., switching days or
adding RFDs).
Regulatory Clarification Regarding Applicability of RFDs to HMS
Charter/Headboat Permitted Vessels
Section 635.23(c) specifies the BFT retention limits for HMS
Charter/Headboat permitted vessels, including when such vessels with a
commercial sale endorsement may fish under either the General category
(commercial) or Angling category (recreational) retention limits and
restrictions. However, the regulations do not clearly state which
retention rules apply to such vessels on an RFD. Rather, the
regulations contain various cross-references to establish which
retention limit applies to a vessel with an Atlantic HMS Charter/
Headboat permit with a commercial endorsement on an RFD. As such, NMFS
proposes to make minor changes at Sec. 635.23(c) to explicitly clarify
in the regulations that when the General category is closed or on an
RFD, Charter/Headboat permitted vessels may only fish under the Angling
category limits. NMFS is also proposing to correct two references to
``General category Atlantic Tunas'' permits in this section to
``Atlantic Tunas General category'' permits, consistent with the permit
title name in other sections of the Atlantic HMS regulations.
Request for Comments
NMFS is requesting comments on an RFD schedule for the 2021 fishing
year, proposed under its existing regulatory authority to annually
publish a notice of RFDs and to implement them accordingly given the
length of time that has passed since NMFS last implemented RFDs.
However, NMFS is also requesting comments on resuming the use of such
RFDs more generally and the need for RFDs in the 2021 fishing year.
Comments on this proposed rule may be submitted via www.regulations.gov
or at a public conference call/webinar. NMFS solicits comments on this
action by June 11, 2021 (see DATES and ADDRESSES).
During the comment period, NMFS will hold a public hearing via
conference call and webinar for this proposed action. Requests for sign
language interpretation or other auxiliary aids should be directed to
Larry Redd at [email protected] or 301-427-8503, at least 7 days
prior to the meeting.
The webinar/conference call will take place on May 19, 2021.
Information for registering and accessing the webinars can be found at
https://www.fisheries.noaa.gov/action/proposed-rule-implement-general-category-restricted-fishing-days-2021-atlantic-bluefin-tuna.
The public is reminded that NMFS expects participants at public
webinars/conference calls to conduct themselves appropriately. At the
beginning of each webinar/conference call, the moderator will explain
how the webinar/conference call will be conducted and how and when
participants can provide comments. NMFS representative(s) will
structure the webinars/conference calls so that all members of the
public will be able to comment, if they so choose, regardless of the
controversial nature of the subject(s). Participants are expected to
respect the ground rules, and those that do not may be asked to leave
the webinars/conference calls.
Classification
The NMFS Assistant Administrator has determined that the proposed
rule is consistent with the 2006 Consolidated HMS FMP and its
amendments, other provisions of the Magnuson-Stevens Act, ATCA, and
other applicable law, subject to further consideration after public
comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An Initial Regulatory Flexibility Analysis (IRFA) was prepared, as
required by section 603 of the Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact this proposed rule, if adopted,
would have on small entities. A description of the action, why it is
being considered, and the legal basis for this action are contained at
the beginning of this section in the preamble and in the SUMMARY
section of the preamble. A summary of the analysis follows. A copy of
this analysis is available from NMFS (see ADDRESSES).
Section 603(b)(1) requires agencies to describe the reasons why the
action is being considered. The purpose of this proposed rulemaking is,
consistent with the objectives of the 2006 Consolidated HMS FMP and its
amendments, the Magnuson-Stevens Act, ATCA, and other applicable law,
to potentially set a schedule of RFDs for the 2021 fishing year as an
effort to control for the General category quota, and to extend General
category fishing opportunities through a greater portion of the General
category time-period subquotas than have been available in recent
years. Implementation of the proposal would further the management
goals and objectives stated in the 2006 Consolidated HMS FMP and its
amendments.
Section 603(b)(2) of the RFA requires agencies to state the
objectives of, and legal basis for, the proposed action. The objective
of this proposed rulemaking is to set a schedule of RFDs for the 2021
fishing year to increase the likelihood of pacing General category
landings to extend fishing opportunities through a greater portion of
the subquota periods (similar to past RFD schedules). Additionally,
this proposed rule would clarify the regulations regarding
applicability of RFDs to vessels permitted in the HMS Charter-Headboat
category. The legal basis for the proposed rule is the Magnuson-Stevens
Act and ATCA.
[[Page 25995]]
Section 603(b)(3) of the RFA requires agencies to provide an
estimate of the number of small entities to which the rule would apply.
NMFS established a small business size standard of $11 million in
annual gross receipts for all businesses in the commercial fishing
industry (NAICS 11411) for RFA compliance purposes. The Small Business
Administration (SBA) has established size standards for all other major
industry sectors in the United States, including the scenic and
sightseeing transportation (water) sector (NAICS code 487210), which
includes for-hire (charter/party boat) fishing entities. The SBA has
defined a small entity under the scenic and sightseeing transportation
(water) sector as one with average annual receipts (revenue) of less
than $8.0 million. Therefore, NMFS considers all HMS permit holders,
both commercial and for-hire, to be small entities because they had
average annual receipts of less than their respective sector's standard
of $11 million and $8 million. The 2019 total ex-vessel annual revenue
for the BFT fishery was $9.8 million. Since a small business is defined
as having annual receipts not in excess of $11.0 million, each
individual BFT fishing entity would fall within the small business
definition. Thus, all of the entities affected by this rule are
considered to be small entities for the purposes of the RFA. The
numbers of relevant annual Atlantic Tunas or Atlantic HMS permits as of
October 2020 are as follows: 2,645 General category permit holders and
3,839 HMS Charter/Headboat permit holders, of which 1,681 hold HMS
Charter/Headboat permits with a commercial sale endorsement.
Section 603(b)(4) of the RFA requires agencies to describe any new
reporting, record-keeping, and other compliance requirements. This
proposed rule does not contain any new collection of information,
reporting, or record-keeping requirements. This proposed rule would set
a schedule of RFDs for 2021 as an effort control for the General
category quota and would clarify existing regulatory text about the
applicability of RFDs to HMS Charter/Headboat permitted vessels.
Under section 603(b)(5) of the RFA, agencies must identify, to the
extent practicable, relevant Federal rules which duplicate, overlap, or
conflict with the proposed action. Fishermen, dealers, and managers in
these fisheries must comply with a number of international agreements,
domestic laws, and other fishery management measures. These include,
but are not limited to, the Magnuson-Stevens Act, ATCA, the High Seas
Fishing Compliance Act, the Marine Mammal Protection Act, the
Endangered Species Act, the National Environmental Policy Act, the
Paperwork Reduction Act, and the Coastal Zone Management Act. This
proposed action has been determined not to duplicate, overlap, or
conflict with any Federal rules.
Under section 603(c) of the RFA, agencies must describe any
significant alternatives to the proposed rule which accomplish the
stated objectives of applicable statutes and which minimize any
significant economic impact of the proposed rule on small entities.
Specifically, the RFA (5 U.S.C. 603(c)(1)-(4)) lists four general
categories of significant alternatives to assist an agency in the
development of significant alternatives. These categories of
alternatives are: (1) Establishment of differing compliance or
reporting requirements or timetables that take into account the
resources available to small entities; (2) clarification,
consolidation, or simplification of compliance and reporting
requirements under the rule for such small entities; (3) use of
performance rather than design standards; and, (4) exemptions from
coverage of the rule, or any part thereof, for small entities.
Regarding the first, second, and fourth categories, NMFS cannot
establish differing compliance or reporting requirements for small
entities or exempt small entities from coverage of the rule or parts of
it, because all of the businesses impacted by this rule are considered
small entities, and thus the requirements are already designed for
small entities. Regarding the third category, NMFS does not know of any
performance or design standards that would satisfy the aforementioned
objectives of this rulemaking.
This proposed rule would not change the U.S. Atlantic BFT quotas or
implement any new management measures not previously considered under
the 2006 Consolidated HMS FMP and its amendments. This proposed rule
would instead resume use of RFDs and provide the regulated community
the opportunity to comment on this proposal; propose a schedule of RFDs
for 2021; clarify existing regulatory text about the applicability of
RFDs to HMS Charter/Headboat permitted vessels; and make a minor change
to correct two permit title references in a section of the regulations.
Under the regulations, when a General category time period subquota is
reached or projected to be reached, NMFS closes the General category
fishery. Retaining, possessing, or landing BFT under that quota
category is prohibited on and after the effective date and time of a
closure notice for that category, for the remainder of the fishing
year, until the opening of the subsequent quota period or until such
date as specified. In recent years, these closures, if needed, have
generally occurred toward the end of any particular subquota time
period. According to communications with dealers and fishermen, several
of the high-volume HMS Atlantic tunas dealers in 2019 and 2020 were
limiting their purchases of BFT and buying no or very few BFT (such as
harpooned fish only) on certain days during the beginning portion of
the June through August subquota time period in order to extend the
available quota until later in the subperiod given market
considerations. However, while these actions may have prevented large
numbers of BFT from entering the market at the same time and may have
lengthened the time before any particular subquota was closed, because
these actions were not pre-scheduled or consistently implemented across
the fishery, there were negative impacts experienced by some General
category and Charter/Headboat permitted fishermen, who could not find
buyers for their BFT. As a result, a number of BFT that normally would
have been sold were not, and opportunities may not have been equitably
distributed among all permitted vessels. Table 1 shows the number and
total metric tons (mt) of BFT that were landed but not sold by
fishermen fishing under the General category quota for 2017 through
2020. The number and weight of unsold BFT has been increasing since
2017, and increased substantially (from 20 to 173 BFT and 3.8 to 31.4
mt) between 2019 and 2020.
Table 1--The Number (Count) and Weight (mt) of BFT That Were Landed but
Unsold by General Category Participants by Year
------------------------------------------------------------------------
Year Count Weight (mt)
------------------------------------------------------------------------
2017.................................... 0 0
2018.................................... 14 2.6
2019.................................... 20 3.8
2020.................................... 173 31.4
-------------------------------
Total................................. 207 37.8
------------------------------------------------------------------------
In addition to reviewing the data regarding the amount of unsold
BFT, NMFS also reviewed the average ex-vessel price. Table 2 shows the
average ex-vessel price per pound of BFT during each General category
subquota time period for the years 2017 through 2020. On an annual
basis, the ex-vessel price tends to be lower for the June through
August subquota time period, with an
[[Page 25996]]
average (2017 through 2020) price of $6.04, and increases over the
summer and fall period ($6.30 for September period and $6.49 for the
October through November period). NMFS understands that several factors
influenced dealers' decisions to not purchase BFT in 2019 (e.g., fish
conditions, daily retention limits, and market conditions) and that in
2020, the worsening of global market conditions was an additional
factor impacting the number of BFT unsold. These conditions generally
occurred in June through August 2019, and were repeated in June through
August 2020, with conditions and prices improving by the fall. However,
in 2020, the average price per pound was lower for the June through
December subquota time periods than in any of the three prior years.
Table 2--Average Ex-Vessel Price per Pound ($) of BFT by General Category Subquota Time Period
[2017-2020]
----------------------------------------------------------------------------------------------------------------
Subquota time period
-------------------------------------------------------------------------------
Year October
January June through September through December
through March August November
----------------------------------------------------------------------------------------------------------------
2017............................ $7.37 $6.72 $7.08 $7.56 $9.83
2018............................ 7.43 6.92 6.55 7.58 9.56
2019............................ 6.06 5.61 6.36 5.53 12.25
2020............................ 6.13 4.91 5.21 5.30 5.76
2017 through 2020 average....... 6.75 6.04 6.30 6.49 9.35
----------------------------------------------------------------------------------------------------------------
To help address these issues, NMFS is proposing to establish a
schedule of RFDs for the 2021 fishing year that would regulate specific
days on which fishing and sales will not occur. Specifically, the
proposed schedule allows for two-consecutive-day periods twice each
week for BFT product to move through the market while also allowing
some commercial fishing activity to occur each weekend (i.e., Sundays).
Because this schedule of RFDs would apply to all participants equally,
NMFS anticipates that this schedule would extend fishing opportunities
through a greater proportion of the subquota time periods in which they
apply by spreading fishing effort out over time. Further, to the extent
that the ex-vessel revenue for a BFT sold by a General or HMS Charter/
Headboat permitted vessel (with a commercial endorsement) may be higher
when a lower volume of domestically-caught BFT is on the market at one
time, the use of RFDs may result in some increase in BFT price, and the
value of the General category subquotas could increase. Thus, although
NMFS anticipates that the same overall amount of the General category
quota would be landed as well as the same amount of BFT landed per
vessel, there may be some positive impacts to the General category and
Charter/Headboat (commercial) BFT fishery. Using RFDs may more
equitably distribute opportunities across all permitted vessels for
longer durations within the subquota time periods.
If NMFS does not implement a schedule, without any other changes,
it is possible that the trends of increasing numbers of unsold BFT
(Table 1) and decreasing ex-vessel prices (Table 2) would continue. If
these trends continue, all participants could continue to experience
negative economic impacts.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 635
Fisheries, Fishing, Fishing vessels, Foreign relations, Imports,
Penalties, Reporting and recordkeeping requirements, Statistics,
Treaties.
Dated: May 6, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 635 is
proposed to be amended as follows:
PART 635--ATLANTIC HIGHLY MIGRATORY SPECIES
0
1. The authority citation for part 635 continues to read as follows:
Authority: 16 U.S.C. 971 et seq.; 16 U.S.C. 1801 et seq.
0
2. In Sec. 635.2, revise the definition of ``Restricted-fishing day
(RFD)'' to read as follows:
Sec. 635.2 Definitions.
* * * * *
Restricted-fishing day (RFD) is a day, beginning at 0000 hours and
ending at 2400 hours local time, during which a person aboard a vessel
issued:
(1) An Atlantic Tunas General category permit may not fish for,
possess, retain, land, or sell a BFT; and
(2) A Charter/Headboat permit with a commercial endorsement may not
fish commercially for BFT under the General category rules, but may
fish for, possess, retain, or land BFT under the Angling category
restrictions and retention limits.
* * * * *
0
3. In Sec. 635.23, revise paragraphs (a)(1) and (3) and (c)(1) through
(3) and add paragraph (c)(4) to read as follows:
Sec. 635.23 Retention limits for bluefin tuna.
* * * * *
(a) * * *
(1) No person aboard a vessel that has an Atlantic Tunas General
category permit may possess, retain, land, or sell a BFT in the school,
large school, or small medium size class.
* * * * *
(3) Regardless of the length of a trip, no more than a single day's
retention limit of large medium or giant BFT may be possessed or
retained aboard a vessel that has an Atlantic Tunas General category
permit. On days other than RFDs, when the General category is open, no
person aboard such vessel may continue to fish, and the vessel must
immediately proceed to port, once the applicable limit for large medium
or giant BFT is retained.
* * * * *
(c) * * *
(1) When fishing in the Gulf of Mexico, the restrictions and
retention limits applicable to the Angling category specified in
paragraph (b)(1) of the section apply.
(2) When fishing other than in the Gulf of Mexico when the fishery
for the General category is closed or on an RFD, the restrictions and
retention limits applicable to the Angling category
[[Page 25997]]
specified in paragraphs (b)(1) through (3) of this section apply.
(3) When fishing other than in the Gulf of Mexico when the General
category fishery is open and not on an RFD, a person aboard a vessel
that has been issued an HMS Charter/Headboat permit with a commercial
sale endorsement may fish under either the General category
restrictions and retention limits as specified in paragraphs (a)(1)
through (3) of this section or the Angling category restrictions and
retention limits as specified in paragraphs (b)(1) through (3) of this
section. The size category of the first BFT retained will determine
whether the General category or Angling category restrictions and
retention limits apply to the vessel that day.
(4) When fishing other than in the Gulf of Mexico when the General
category fishery is open and not on an RFD, a person aboard a vessel
that has been issued an HMS Charter/Headboat permit without a
commercial sale endorsement permit may only fish for, possess, retain,
or land BFT under the Angling category restrictions and retention
limits as specified in paragraphs (b)(1) through (3) of this section.
* * * * *
[FR Doc. 2021-10028 Filed 5-11-21; 8:45 am]
BILLING CODE 3510-22-P
