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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 8728862 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 2819260, 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 305d of the Magnuson-Stevens Act. This action is required by 50 CFR
part 635, which was issued pursuant to section 304c, 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.
553bB to waive prior notice and the opportunity for public comment. For these reasons, there is good cause under 5 U.S.C. 553d 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. 202114849 Filed 7821; 4:15 pm BILLING CODE 351022P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 648
Docket No. 2012090332; 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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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 2819225.
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 648.162e1i through iii.
The Regional Administrator must approve any such transfer based on the criteria in 648.162e. 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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