Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota Transfer from VA to NY, 36671-36672 [2021-14842]

Download as PDF Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations 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 adjustments are necessary to ensure available quota is 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. jbell on DSKJLSW7X2PROD with RULES 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: NMFS provides notification of retention limit adjustments by publishing the notice in the Federal Register, emailing individuals who have subscribed to the Atlantic HMS News electronic newsletter, and updating the information posted on the Atlantic Tunas Information Line and on hmspermits.noaa.gov. The regulations implementing the 2006 Consolidated HMS FMP and amendments provide for inseason retention limit adjustments to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. Prior notice and an opportunity for public comment is impracticable because the regulations implementing the 2006 Consolidated HMS FMP, as amended, intended that inseason retention limit adjustments would allow the agency to respond quickly 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. Based on available BFT quotas, fishery performance in recent years, and the availability of BFT on the fishing grounds, adjustment to the General category BFT daily retention limit from the current level is warranted. VerDate Sep<11>2014 15:52 Jul 12, 2021 Jkt 253001 Delays in adjusting the retention limit may result in the available June 1 through August 31 subquota being reached or exceeded and NMFS needing to close the fishery earlier than otherwise would be necessary under the lower limit being set for the remainder of this period. Such delays could adversely affect those General category and HMS Charter/Headboat vessels that would otherwise have an opportunity to harvest BFT if the fishery were to remain open for as feasible throughout the remaining subquota periods. Limited opportunities to harvest the respective quotas may have negative social and economic impacts for U.S. fishermen that depend upon catching the available quota within the time periods designated in the 2006 Consolidated HMS FMP and amendments. Adjustment of the retention limit needs to be effective as soon as possible to extend fishing opportunities for fishermen in all geographic areas, and to provide equitable opportunities. Prior notice and an opportunity for public comment is also impracticable for the retention limit adjustment to one fish for the remainder of the June through August 2021 subquota period. Avoiding delay in implementation will also allow fishermen to take advantage of the availability of fish on the fishing grounds and of quota. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment. For these 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: July 8, 2021. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–14849 Filed 7–8–21; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 201209–0332; RTID 0648– XB229] Fisheries of the Northeastern United States; Atlantic Bluefish Fishery; Quota Transfer from VA to NY National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 36671 Atmospheric Administration (NOAA), Commerce. ACTION: Notification; quota transfer. NMFS announces that the Commonwealth of Virginia is transferring a portion of its 2021 commercial bluefish quota to the State of New York. This quota adjustment is necessary to comply with the Atlantic Bluefish Fishery Management Plan quota transfer provisions. This announcement informs the public of the revised commercial bluefish quotas for Virginia and New York. DATES: Effective July 12, 2021 through December 31, 2021. FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management Specialist, (978) 281–9225. SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic bluefish fishery are found in 50 CFR 648.160 through 648.167. These regulations require annual specification of a commercial quota that is apportioned among the coastal states from Maine through Florida. The process to set the annual commercial quota and the percent allocated to each state is described in § 648.162, and the final 2021 allocations were published on December 16, 2020 (85 FR 81421). The final rule implementing Amendment 1 to the Bluefish Fishery Management Plan (FMP) published in the Federal Register on July 26, 2000 (65 FR 45844), and provided a mechanism for transferring bluefish quota from one state to another. Two or more states, under mutual agreement and with the concurrence of the NMFS Greater Atlantic Regional Administrator, can request approval to transfer or combine bluefish commercial quota under § 648.162(e)(1)(i) through (iii). The Regional Administrator must approve any such transfer based on the criteria in § 648.162(e). In evaluating requests to transfer a quota or combine quotas, the Regional Administrator shall consider whether: The transfer or combinations would preclude the overall annual quota from being fully harvested; the transfer addresses an unforeseen variation or contingency in the fishery; and the transfer is consistent with the objectives of the FMP and the Magnuson-Stevens Act. Virginia is transferring 50,000 lb (22,680 kg) of bluefish commercial quota to New York through mutual agreement of the states. This transfer was requested to ensure that New York would not exceed its 2021 state quota. The revised bluefish quotas for 2021 are: Virginia, 278,800 lb (126,099 kg); and New York, 337,438 lb (153,059 kg). SUMMARY: E:\FR\FM\13JYR1.SGM 13JYR1 36672 Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 648.162(e)(1)(i) through (iii), which was issued pursuant to section 304(b), and is exempted from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: July 8, 2021. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–14842 Filed 7–12–21; 8:45 am] jbell on DSKJLSW7X2PROD with RULES BILLING CODE 3510–22–P VerDate Sep<11>2014 15:52 Jul 12, 2021 Jkt 253001 PO 00000 Frm 00040 Fmt 4700 Sfmt 9990 E:\FR\FM\13JYR1.SGM 13JYR1

Agencies

[Federal Register Volume 86, Number 131 (Tuesday, July 13, 2021)]
[Rules and Regulations]
[Pages 36671-36672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14842]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 201209-0332; RTID 0648-XB229]


Fisheries of the Northeastern United States; Atlantic Bluefish 
Fishery; Quota Transfer from VA to NY

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

ACTION: Notification; quota transfer.

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SUMMARY: NMFS announces that the Commonwealth of Virginia is 
transferring a portion of its 2021 commercial bluefish quota to the 
State of New York. This quota adjustment is necessary to comply with 
the Atlantic Bluefish Fishery Management Plan quota transfer 
provisions. This announcement informs the public of the revised 
commercial bluefish quotas for Virginia and New York.

DATES: Effective July 12, 2021 through December 31, 2021.

FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management 
Specialist, (978) 281-9225.

SUPPLEMENTARY INFORMATION: Regulations governing the Atlantic bluefish 
fishery are found in 50 CFR 648.160 through 648.167. These regulations 
require annual specification of a commercial quota that is apportioned 
among the coastal states from Maine through Florida. The process to set 
the annual commercial quota and the percent allocated to each state is 
described in Sec.  648.162, and the final 2021 allocations were 
published on December 16, 2020 (85 FR 81421).
    The final rule implementing Amendment 1 to the Bluefish Fishery 
Management Plan (FMP) published in the Federal Register on July 26, 
2000 (65 FR 45844), and provided a mechanism for transferring bluefish 
quota from one state to another. Two or more states, under mutual 
agreement and with the concurrence of the NMFS Greater Atlantic 
Regional Administrator, can request approval to transfer or combine 
bluefish commercial quota under Sec.  648.162(e)(1)(i) through (iii). 
The Regional Administrator must approve any such transfer based on the 
criteria in Sec.  648.162(e). In evaluating requests to transfer a 
quota or combine quotas, the Regional Administrator shall consider 
whether: The transfer or combinations would preclude the overall annual 
quota from being fully harvested; the transfer addresses an unforeseen 
variation or contingency in the fishery; and the transfer is consistent 
with the objectives of the FMP and the Magnuson-Stevens Act.
    Virginia is transferring 50,000 lb (22,680 kg) of bluefish 
commercial quota to New York through mutual agreement of the states. 
This transfer was requested to ensure that New York would not exceed 
its 2021 state quota. The revised bluefish quotas for 2021 are: 
Virginia, 278,800 lb (126,099 kg); and New York, 337,438 lb (153,059 
kg).

[[Page 36672]]

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 648.162(e)(1)(i) through 
(iii), which was issued pursuant to section 304(b), and is exempted 
from review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: July 8, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-14842 Filed 7-12-21; 8:45 am]
BILLING CODE 3510-22-P