Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries, 36669-36671 [2021-14849]
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Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations
in the preemption provisions of FFDCA
section 408(n)(4). As such, the Agency
has determined that this action will not
have a substantial direct effect on States
or Tribal Governments, on the
relationship between the National
Government and the States or Tribal
Governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
Tribes. Thus, the Agency has
determined that Executive Order 13132,
entitled ‘‘Federalism’’ (64 FR 43255,
August 10, 1999) and Executive Order
13175, entitled ‘‘Consultation and
Coordination with Indian Tribal
Governments’’ (65 FR 67249, November
9, 2000) do not apply to this action. In
addition, this action does not impose
any enforceable duty or contain any
unfunded mandate as described under
Title II of the Unfunded Mandates
Reform Act (UMRA) (2 U.S.C. 1501 et
seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
§ 180.666 Fluxapyroxad; tolerances for
residues.
(a) * * *
TABLE 1 TO PARAGRAPH (a)
*
*
*
*
Cottonseed, subgroup 20C ........
*
*
*
*
*
Fruit, pome, group 11–10 ...........
*
*
*
*
*
Pomegranate ..............................
*
*
*
*
*
Vegetable, fruiting, group 8–10 ..
*
*
*
*
*
*
*
*
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.666, paragraph (a):
i. Add a heading to the table;
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 635
[Docket No. 180117042–8884–02]
AGENCY:
■
■
0.8
BILLING CODE 6560–50–P
Therefore, for the reasons stated in the
preamble, EPA is amending 40 CFR
chapter I as follows:
1. The authority citation for part 180
continues to read as follows:
0.5
[FR Doc. 2021–14708 Filed 7–12–21; 8:45 am]
RTID 0648–XB145
■
Parts per
million
Commodity
Dated: July 6, 2021.
Marietta Echeverria,
Acting Director, Registration Division, Office
of Pesticide Programs.
PART 180—TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
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ii. Remove the entry for ‘‘Cotton,
undelinted seed’’;
■ iii. Add an entry for ‘‘Cottonseed,
subgroup 20C’’ in alphabetical order;
■ iv. Remove the entry for ‘‘Fruit, pome,
group 11’’;
■ v. Add entries for ‘‘Fruit, pome, group
11–10’’ and ‘‘Pomegranate’’ in
alphabetical order;
■ vi. Remove the entry for ‘‘Vegetables,
fruiting group 8’’; and
■ vii. Add an entry for ‘‘Vegetable,
fruiting, group 8–10’’ in alphabetical
order.
The additions read as follows:
■
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; inseason
General category retention limit
adjustment.
NMFS is adjusting the
Atlantic bluefin tuna (BFT) General
category daily retention limit from three
large medium or giant BFT to one large
medium or giant BFT for the remainder
SUMMARY:
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36669
of the June through August 2021
subquota period. This action is based on
consideration of the regulatory
determination criteria regarding
inseason adjustments and applies to
Atlantic Tunas General category
(commercial) permitted vessels and
Highly Migratory Species (HMS)
Charter/Headboat permitted vessels
with a commercial sale endorsement
when fishing commercially for BFT.
DATES: Effective July 11, 2021 through
August 31, 2021.
FOR FURTHER INFORMATION CONTACT:
Larry Redd, Jr., larry.redd@noaa.gov,
301–427–8503, Nicholas Velseboer,
nicholas.velseboer@noaa.gov, 978–675–
2168, or Lauren Latchford,
lauren.latchford@noaa.gov, 301–427–
8503.
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 (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. NMFS
is required under the Magnuson-Stevens
Act to provide U.S. fishing vessels with
a reasonable opportunity to harvest
quotas under relevant international
fishery agreements such as the ICCAT
Convention, which is implemented
domestically pursuant to ATCA.
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 continues to be
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
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August, September, October through
November, and December) is allocated a
portion of the annual General category
quota. This action would adjust the
daily retention limit for the remainder
of the second time period in 2021, June
through August.
Adjustment of General Category Daily
Retention Limit
The default General category retention
limit is one large medium or giant BFT
(measuring 73 inches (185 cm) curved
fork length (CFL) or greater) per vessel
per day/trip (§ 635.23(a)(2)).
Under § 635.23(a)(4), NMFS may
increase or decrease the daily retention
limit of large medium and giant BFT
over a range of zero to a maximum of
five per vessel based on consideration of
the relevant criteria provided under
§ 635.27(a)(8). NMFS adjusted the daily
retention limit for the beginning of the
June through August 2021 subquota
period from the default level of one
large medium or giant BFT to three large
medium or giant BFT (86 FR 25992,
May 12, 2021). NMFS has considered
the relevant determination criteria and
their applicability to the General
category BFT retention limit for the
remainder of the June through August
2021 subquota time period. The criteria
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 NMFS with valuable parts and
data for ongoing scientific studies of
BFT age and growth, migration, and
reproductive status. Prolonged
opportunities to land BFT over the
longest time-period allowable 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 and
the likelihood of closure of that segment
of the fishery if no adjustment is made
(§ 635.27(a)(8)(ii) and (ix)). Commercialsize BFT are currently readily available
to vessels fishing under the General
category quota. As of July 8, 2021, the
General category has landed
approximately 34.9 mt, representing 13
percent of the General category
subquota for the June 1 through August
31 period. If current catch rates
continue with the three-fish daily limit,
the available subquota for June 1
through August 31 period will be
reached or exceeded, and NMFS would
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17:52 Jul 12, 2021
Jkt 253001
need to close the fishery earlier than
otherwise would be necessary under a
lower limit. NMFS intends to provide
General category participants in all
areas and time periods opportunities to
harvest the General category quota
without exceeding it, through active
inseason management such as retention
limit adjustments and/or the timing and
amount of quota transfers (based on
consideration of the determination
criteria regarding inseason adjustments),
while extending the season as long as
practicable. NMFS is setting the limit
for the remainder of the June through
August 2021 subquota period in such a
way that NMFS believes, informed by
past experience, increases the likelihood
that the fishery will remain open
throughout the subperiod and year.
NMFS also took into consideration a
recently published proposed rule that
would set restricted-fishing days for the
General category during the months of
July through November 2021 (86 FR
25992, May 12, 2021). If finalized, that
proposed rule would further increase
the likelihood that the fishery would
remain open throughout the subperiod
and year.
NMFS also considered the effects of
the adjustment on the BFT stock and the
effects of the adjustment on
accomplishing the objectives of the 2006
Consolidated HMS FMP
(§ 635.27(a)(8)(v) and (vi)). This
retention limit would be consistent with
established quotas and subquotas,
which are implemented consistent with
ICCAT recommendations, (established
in Recommendation 17–06 and
maintained in Recommendation 20–06),
ATCA, and the objectives of the 2006
Consolidated HMS FMP and
amendments. In establishing these
quotas and subquotas and associated
management measures, ICCAT and
NMFS considered the best scientific
information available, objectives for
stock management and status, and
effects on the stock. This retention limit
is in line with the established
management measures and stock status
determinations. It is also important that
NMFS limit landings to the subquotas
both to adhere to the subquota
allocations and to ensure that landings
are as consistent as possible with the
pattern of fishing mortality (e.g., fish
caught at each age) that was assumed in
the latest stock assessment, and this
retention limit is consistent with those
objectives.
Another principal consideration in
setting the retention limit is the
objective of providing opportunities to
harvest the available General category
quota without exceeding the annual
quota, based on the objectives of the
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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 available BFT
quota allocations (related to
§ 635.27(a)(8)(x)).
Given these considerations, NMFS
has determined that a one-fish General
category retention limit is warranted for
the remainder of the June-August 2021
subquota period. This retention limit
would provide a reasonable opportunity
to harvest the available U.S. BFT quota
(including the expected increase in
available 2021 quota based on 2020
underharvest), without exceeding it,
while maintaining an equitable
distribution of fishing opportunities;
help optimize the ability of the General
category to harvest its available quota;
allow collection of a broad range of data
for stock monitoring purposes; and be
consistent with the objectives of the
2006 Consolidated HMS FMP and
amendments. Therefore, NMFS
decreases the General category retention
limit from three to one large medium or
giant BFT per vessel per day/trip,
effective July 11, 2021, through August
31, 2021.
Regardless of the duration of a fishing
trip, the daily retention limit applies
upon landing. For example (and specific
to the June through August 2021 limit),
whether a vessel fishing under the
General category retention limit takes a
two-day trip or makes two trips in one
day, the daily limit of one fish may not
be exceeded upon landing. This General
category retention limit is effective in all
areas, except for the Gulf of Mexico,
where NMFS prohibits targeting fishing
for BFT, and applies to vessels
permitted in the General category, as
well as to HMS Charter/Headboat
permitted vessels with a commercial
sale endorsement when fishing
commercially for BFT. For information
regarding the HMS Charter/Headboat
commercial sale endorsement, see 82 FR
57543, December 6, 2017.
Monitoring and Reporting
NMFS will actively 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 adjustments,
as well as closures, and may result in
enforcement actions. Additionally, and
separate from the dealer reporting
requirement, General and HMS Charter/
Headboat vessel owners are required to
report their own catch of all BFT
retained or discarded dead, within 24
hours of the landing(s) or end of each
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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.
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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.
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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:
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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:
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]]>Agencies
[Federal Register Volume 86, Number 131 (Tuesday, July 13, 2021)]
[Rules and Regulations]
[Pages 36669-36671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14849]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 635
[Docket No. 180117042-8884-02]
RTID 0648-XB145
Atlantic Highly Migratory Species; Atlantic Bluefin Tuna
Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason General category retention limit
adjustment.
-----------------------------------------------------------------------
SUMMARY: NMFS is adjusting the Atlantic bluefin tuna (BFT) General
category daily retention limit from three large medium or giant BFT to
one large medium or giant BFT for the remainder of the June through
August 2021 subquota period. This action is based on consideration of
the regulatory determination criteria regarding inseason adjustments
and applies to Atlantic Tunas General category (commercial) permitted
vessels and Highly Migratory Species (HMS) Charter/Headboat permitted
vessels with a commercial sale endorsement when fishing commercially
for BFT.
DATES: Effective July 11, 2021 through August 31, 2021.
FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., [email protected],
301-427-8503, Nicholas Velseboer, [email protected], 978-675-
2168, or Lauren Latchford, [email protected], 301-427-8503.
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 (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. NMFS
is required under the Magnuson-Stevens Act to provide U.S. fishing
vessels with a reasonable opportunity to harvest quotas under relevant
international fishery agreements such as the ICCAT Convention, which is
implemented domestically pursuant to ATCA.
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 continues to be 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
[[Page 36670]]
August, September, October through November, and December) is allocated
a portion of the annual General category quota. This action would
adjust the daily retention limit for the remainder of the second time
period in 2021, June through August.
Adjustment of General Category Daily Retention Limit
The default General category retention limit is one large medium or
giant BFT (measuring 73 inches (185 cm) curved fork length (CFL) or
greater) per vessel per day/trip (Sec. 635.23(a)(2)).
Under Sec. 635.23(a)(4), NMFS may increase or decrease the daily
retention limit of large medium and giant BFT over a range of zero to a
maximum of five per vessel based on consideration of the relevant
criteria provided under Sec. 635.27(a)(8). NMFS adjusted the daily
retention limit for the beginning of the June through August 2021
subquota period from the default level of one large medium or giant BFT
to three large medium or giant BFT (86 FR 25992, May 12, 2021). NMFS
has considered the relevant determination criteria and their
applicability to the General category BFT retention limit for the
remainder of the June through August 2021 subquota time period. The
criteria 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 NMFS with valuable parts and data for
ongoing scientific studies of BFT age and growth, migration, and
reproductive status. Prolonged opportunities to land BFT over the
longest time-period allowable 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 and the likelihood of closure of that segment of the fishery if no
adjustment is made (Sec. 635.27(a)(8)(ii) and (ix)). Commercial-size
BFT are currently readily available to vessels fishing under the
General category quota. As of July 8, 2021, the General category has
landed approximately 34.9 mt, representing 13 percent of the General
category subquota for the June 1 through August 31 period. If current
catch rates continue with the three-fish daily limit, the available
subquota for June 1 through August 31 period will be reached or
exceeded, and NMFS would need to close the fishery earlier than
otherwise would be necessary under a lower limit. NMFS intends to
provide General category participants in all areas and time periods
opportunities to harvest the General category quota without exceeding
it, through active inseason management such as retention limit
adjustments and/or the timing and amount of quota transfers (based on
consideration of the determination criteria regarding inseason
adjustments), while extending the season as long as practicable. NMFS
is setting the limit for the remainder of the June through August 2021
subquota period in such a way that NMFS believes, informed by past
experience, increases the likelihood that the fishery will remain open
throughout the subperiod and year. NMFS also took into consideration a
recently published proposed rule that would set restricted-fishing days
for the General category during the months of July through November
2021 (86 FR 25992, May 12, 2021). If finalized, that proposed rule
would further increase the likelihood that the fishery would remain
open throughout the subperiod and year.
NMFS also considered the effects of the adjustment on the BFT stock
and the effects of the adjustment on accomplishing the objectives of
the 2006 Consolidated HMS FMP (Sec. 635.27(a)(8)(v) and (vi)). This
retention limit would be consistent with established quotas and
subquotas, which are implemented consistent with ICCAT recommendations,
(established in Recommendation 17-06 and maintained in Recommendation
20-06), ATCA, and the objectives of the 2006 Consolidated HMS FMP and
amendments. In establishing these quotas and subquotas and associated
management measures, ICCAT and NMFS considered the best scientific
information available, objectives for stock management and status, and
effects on the stock. This retention limit is in line with the
established management measures and stock status determinations. It is
also important that NMFS limit landings to the subquotas both to adhere
to the subquota allocations and to ensure that landings are as
consistent as possible with the pattern of fishing mortality (e.g.,
fish caught at each age) that was assumed in the latest stock
assessment, and this retention limit is consistent with those
objectives.
Another principal consideration in setting the retention limit is
the objective of providing opportunities to harvest the available
General category quota without exceeding the annual quota, based on the
objectives 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 available BFT quota
allocations (related to Sec. 635.27(a)(8)(x)).
Given these considerations, NMFS has determined that a one-fish
General category retention limit is warranted for the remainder of the
June-August 2021 subquota period. This retention limit would provide a
reasonable opportunity to harvest the available U.S. BFT quota
(including the expected increase in available 2021 quota based on 2020
underharvest), without exceeding it, while maintaining an equitable
distribution of fishing opportunities; help optimize the ability of the
General category to harvest its available quota; allow collection of a
broad range of data for stock monitoring purposes; and be consistent
with the objectives of the 2006 Consolidated HMS FMP and amendments.
Therefore, NMFS decreases the General category retention limit from
three to one large medium or giant BFT per vessel per day/trip,
effective July 11, 2021, through August 31, 2021.
Regardless of the duration of a fishing trip, the daily retention
limit applies upon landing. For example (and specific to the June
through August 2021 limit), whether a vessel fishing under the General
category retention limit takes a two-day trip or makes two trips in one
day, the daily limit of one fish may not be exceeded upon landing. This
General category retention limit is effective in all areas, except for
the Gulf of Mexico, where NMFS prohibits targeting fishing for BFT, and
applies to vessels permitted in the General category, as well as to HMS
Charter/Headboat permitted vessels with a commercial sale endorsement
when fishing commercially for BFT. For information regarding the HMS
Charter/Headboat commercial sale endorsement, see 82 FR 57543, December
6, 2017.
Monitoring and Reporting
NMFS will actively 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 adjustments,
as well as closures, and may result in enforcement actions.
Additionally, and separate from the dealer reporting requirement,
General and HMS Charter/Headboat vessel owners are required to report
their own catch of all BFT retained or discarded dead, within 24 hours
of the landing(s) or end of each
[[Page 36671]]
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.
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.
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
