Federal Register - August 9, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
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 quota transfer is in line with the established management measures and stock status determinations. Another principal consideration is the objective of providing opportunities to harvest the available Harpoon 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 635.27a8x.
Given these considerations, NMFS is transferring 30 mt of the available 168
mt of Reserve category quota to the Harpoon category. Therefore, NMFS
adjusts the Harpoon category quota to 76 mt for the 2021 Harpoon category fishing season i.e., through November 15, 2021, or until the Harpoon category quota is reached, whichever comes first, and adjusts the Reserve category quota to 138 mt.
Monitoring and Reporting NMFS will continue to monitor the BFT fishery closely. Dealers are required to submit landing reports within 24
hours of a dealer receiving BFT. Late reporting by dealers compromises NMFS ability to timely implement actions such as quota and retention limit adjustments, as well as closures, and may result in enforcement actions.
Additionally, and separate from the dealer reporting requirement, Harpoon category vessel owners are required to report their own catch of all BFT
retained or discarded dead within 24
hours of the landings or end of each 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
DEPARTMENT OF COMMERCE
NMFS issues this action pursuant to section 305d of the Magnuson-Stevens Act. This action is required by 50 CFR
635.27a9 inseason adjustments, 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:
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.
Affording prior notice and opportunity for public comment to implement the quota transfer for the remainder of 2021
is also contrary to the public interest as such a delay would likely result in closure of the Harpoon fishery when the baseline quota is met and the need to reopen the fishery, with attendant administrative costs and costs to the fishery. The delay would preclude the fishery from harvesting BFT that are available on the fishing grounds and that might otherwise become unavailable during a delay. This action does not raise conservation and management concerns. Transferring quota from the Reserve category to the Harpoon category does not affect the overall U.S. BFT quota, and available data show the adjustment would have a minimal risk of exceeding the ICCATallocated quota. NMFS notes that the public had an opportunity to comment on the underlying rulemakings that established the U.S. BFT quota and the inseason adjustment criteria. For the same reasons discussed above, the AA
finds good cause under 5 U.S.C.
553bB to waive prior notice and the opportunity for public comment.
National Oceanic and Atmospheric Administration
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
Dated: August 3, 2021.
Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
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50 CFR Part 635
Docket No. 2107300155
RIN 0648BK37
Atlantic Highly Migratory Species;
General Category Restricted-Fishing Days National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Final rule.
AGENCY:
This final rule sets Atlantic bluefin tuna BFT General category restricted-fishing days RFDs for the 2021 fishing year; clarifies the regulations regarding applicability of RFDs to Highly Migratory Species HMS Charter/Headboat permitted vessels; and corrects references to the Atlantic Tunas General category permit in a section of the Atlantic HMS
regulations. This final rule establishes RFDs for specific days during the months of September 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 RFDs, persons aboard HMS Charter/Headboat permitted vessels with a commercial sale endorsement are prohibited from fishing commercially for BFT. Persons aboard all HMS Charter/Headboat permitted vessels can fish recreationally for BFT under the applicable Angling category restrictions and retention limits.
SUMMARY:
This final rule is effective on August 9, 2021.
ADDRESSES: Copies of this rule and supporting documents, including the Final Regulatory Flexibility Analysis FRFA for this action, 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 3014278503.
FOR FURTHER INFORMATION CONTACT:
Larry Redd, Jr., larry.redd@noaa.gov, 3014278503, or Sarah McLaughlin, sarah.mclaughlin@noaa.gov, 978281
9260.
DATES:
Atlantic HMS fisheries, including BFT fisheries, are managed under the authority of the Atlantic Tunas Convention Act ATCA;
SUPPLEMENTARY INFORMATION:
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