75918 Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Rules and Regulations 

SUMMARY: NMFS implements an 

accountability measure for the 

commercial sector of gray triggerfish in 

the South Atlantic exclusive economic 

zone (EEZ). NMFS projects commercial 

landings of gray triggerfish will reach 

the commercial annual catch limit 

(ACL) for the July through December 

season by November 29, 2020. 

Therefore, NMFS is closing the 

commercial sector for gray triggerfish in 

the South Atlantic EEZ on November 

29, 2020. This closure is necessary to 

protect the gray triggerfish resource. 

DATES: This temporary rule is effective 

at 12:01 a.m., local time, on November 

29, 2020, through December 31, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes gray triggerfish and is 

managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and is 

implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. All 

weights in this temporary rule are given 

in round weight. 

The commercial ACL (equivalent to 

the commercial quota) for gray 

triggerfish in the South Atlantic is 

divided into two 6-month fishing 

seasons. The total commercial ACL of 

312,324 lb (141,668 kg) is allocated 50 

percent to each commercial fishing 

season, or 156,162 lb (70,834 kg) for 

January through June, and the same 

amount for July through December, as 

specified in 50 CFR 622.190(a)(8)(i) and 

(ii). 

After the January through June 2020 

fishing season, 25,468 lb (11,552 kg) of 

the gray triggerfish commercial quota 

remained unharvested. As specified in 

50 CFR 622.190(a)(8)(iii), NMFS added 

this unused portion of the gray 

triggerfish commercial quota to the 

commercial quota for the July through 

December 2020 fishing season. 

Therefore, the gray triggerfish 

commercial quota for the July through 

December 2020 fishing season is 

181,630 lb (82,385 kg). Any unused 

commercial quota for the July through 

December fishing season becomes void 

and will not be added to any subsequent 

quota (622.190(a)(8)(iii)). 

Under 50 CFR 622.193(q)(1)(i), NMFS 

is required to close the commercial 

sector for gray triggerfish when the 

commercial quota specified in 50 CFR 

622.190(a)(8)(ii) is reached or is 

projected to be reached by filing a 

notification to that effect with the Office 

of the Federal Register. NMFS has 

determined that the commercial quota 

for South Atlantic gray triggerfish for 

the July through December 2020 fishing 

season will be reached by November 29, 

2020. Accordingly, the commercial 

sector for South Atlantic gray triggerfish 

is closed effective at 12:01 a.m., local 

time, on November 29, 2020, and 

remains closed until the start of the next 

January through June fishing season on 

January 1, 2021. 

The operator of a vessel with a valid 

Federal commercial vessel permit for 

South Atlantic snapper-grouper with 

gray triggerfish on board must have 

landed and bartered, traded, or sold 

such gray triggerfish prior to 12:01 a.m., 

local time, on November 29, 2020. 

During the commercial closure, the 

recreational bag limit specified in 50 

CFR 622.187(b)(8), and the recreational 

possession limits specified in 50 CFR 

622.187(c), apply to all harvest or 

possession of gray triggerfish in or from 

the South Atlantic EEZ. Also during the 

commercial closure, the sale or 

purchase of gray triggerfish taken from 

the South Atlantic EEZ is prohibited. 

The prohibition on the sale or purchase 

does not apply to gray triggerfish that 

were harvested, landed ashore, and sold 

prior to 12:01 a.m., local time, on 

November 29, 2020, and were held in 

cold storage by a dealer or processor. 

For a person on board a vessel for 

which a valid Federal commercial or 

charter vessel/headboat permit for 

South Atlantic snapper-grouper has 

been issued, the bag and possession 

limits and sale and purchase 

prohibitions for gray triggerfish apply 

regardless of whether the fish are 

harvested in state or Federal waters, as 

specified in 50 CFR 622.190(c)(1)(ii). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

622.193(q)(1)(i), which was issued 

pursuant to section 304(b) of the 

Magnuson-Stevens Act, and is excempt 

from review under Executive Order 

12866. 

These measures are exempt from the 

procedures of the Regulatory Flexibility 

Act because the temporary rule is issued 

without opportunity for prior notice and 

comment. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment as 

such procedures are unnecessary and 

contrary to the public interest. Such 

procedures are unnecessary because the 

regulations associated with the 

commercial quota for South Atlantic 

gray triggerfish have already been 

subject to notice and comment, and all 

that remains is to notify the public of 

the commercial closure for the 

remainder of the July through December 

2020 fishing season. Prior notice and 

opportunity for public comment on this 

action is contrary to the public interest 

because of the need to immediately 

implement the commercial closure to 

protect South Atlantic gray triggerfish, 

since the capacity of the fishing fleet 

allows for rapid harvest of the 

commercial quota. Prior notice and 

opportunity for public comment would 

require time and would potentially 

result in a harvest that exceeds the 

commercial quota. 

For the aforementioned reasons, there 

is good cause under 5 U.S.C. 553(d)(3) 

to waive the 30-day delay in the 

effective date of this action. 

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

Dated: November 23, 2020. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2020–26233 Filed 11–24–20; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 180117042–8884–02] 

RTID 0648–XA652 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; quota transfer. 

SUMMARY: NMFS is transferring 19.5 

metric tons (mt) of Atlantic bluefin tuna 

(BFT) quota from the Reserve category 

to the General category. This action is 

intended to provide additional 

opportunities for General category 

fishermen to participate in the 

December General category fishery, 

which is scheduled to reopen on 

December 1, 2020, and is based on 

consideration of the regulatory 

determination criteria regarding 

inseason adjustments. This action 

would affect Atlantic tunas General 

category (commercial) permitted vessels 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Rules and Regulations 75919 

and Highly Migratory Species (HMS) 

Charter/Headboat category permitted 

vessels with a commercial sale 

endorsement when fishing 

commercially for BFT. 

DATES: Effective December 1, 2020, 

through December 31, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin or Nicholas 

Velseboer, 978–281–9260, or Larry 

Redd, 301–427–8503. 

SUPPLEMENTARY INFORMATION: 

Regulations implemented 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.) governing the harvest of BFT by 

persons and vessels subject to U.S. 

jurisdiction are found at 50 CFR part 

635. Section 635.27 subdivides 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 

Highly Migratory Species Fishery 

Management Plan (2006 Consolidated 

HMS FMP) (71 FR 58058, October 2, 

2006) and amendments. NMFS is 

required under ATCA and the 

Magnuson-Stevens Act to provide U.S. 

fishing vessels with a reasonable 

opportunity to harvest the ICCATrecommended quota. 

The current baseline General and 

Reserve category quotas are 555.7 mt 

and 29.5 mt, respectively. See 

§ 635.27(a). Each of the General category 

time periods (January, June through 

August, September, October through 

November, and December) is allocated a 

‘‘subquota’’ or portion of the annual 

General category quota. 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 from one time period to 

the next and is available for use in 

subsequent time periods. To date for 

2020, NMFS has taken several actions 

that resulted in adjustments to the 

General and Reserve category quotas, 

leaving 20 mt of quota currently 

available in the Reserve category (85 FR 

17, January 2, 2020; 85 FR 6828, 

February 6, 2020; 85 FR 43148, July 16, 

2020; 85 FR 59445, September 22, 2020; 

85 FR 61872, October 1, 2020; 85 FR 

64411, October 13, 2020; and 85 FR 

68798, October 30, 2020). 

For the January 2020 subquota period, 

NMFS transferred 19.5 mt of BFT quota 

from the December 2020 subquota 

period, and transferred 51 mt from the 

Reserve category, resulting in an 

adjusted subquota of 100 mt for the 

January 2020 period and a subquota of 

9.4 mt for the December 2020 period (85 

FR 17, January 2, 2020, and 85 FR 6828, 

February 6, 2020). The General category 

fishery is currently closed and reopens 

December 1, 2020. 

Transfer of 19.5 mt From the Reserve 

Category to the General Category 

Under § 635.27(a)(9), NMFS has the 

authority to transfer quota among 

fishing categories or subcategories, after 

considering regulatory determination 

criteria provided under § 635.27(a)(8). 

NMFS has considered all of the relevant 

determination criteria and their 

applicability to this inseason quota 

transfer. These considerations 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 valuable data for ongoing 

scientific studies of BFT age and 

growth, migration, and reproductive 

status. Additional opportunity to land 

BFT in the General category 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 

(including during the summer/fall and 

winter fisheries in the last several 

years), and the likelihood of closure of 

that segment of the fishery if no 

adjustment is made (§ 635.27(a)(8)(ii) 

and (ix)). Preliminary landings data as 

of November 16, 2020, indicate that the 

General category has landed 

approximately 818 mt this year, which 

is also the total of the adjusted 

subquotas for the January through 

November time period. Absent a 

transfer, the December General category 

fishery would reopen on December 1 

with an available quota of 9.4 mt, 

which, depending on BFT availability 

and fishing conditions, could be 

harvested quickly. Transferring 19.5 mt 

of BFT quota from the Reserve category 

would result in 28.9 mt being available 

to the General category in December, 

restoring the December subquota to its 

base amount prior to the January 2, 2020 

action (85 FR 17), and would leave 0.5 

mt in the Reserve category to account 

for any BFT mortalities associated with 

research. 

Regarding the projected ability of the 

vessels fishing under the particular 

category quota (here, the General 

category) to harvest the additional 

amount of BFT quota transferred before 

the end of the fishing year 

(§ 635.27(a)(8)(iii)), NMFS considered 

General category landings over the last 

several years and landings to date this 

year. Landings are highly variable and 

depend on access to commercial-sized 

BFT and fishing conditions, among 

other factors. NMFS anticipates that 

General category participants will be 

able to harvest the 19.5 mt of transferred 

BFT quota by the end of the fishing 

year. 

NMFS also considered the estimated 

amounts by which quotas for other gear 

categories of the fishery might be 

exceeded (§ 635.27(a)(8)(iv)) and the 

ability to account for all 2020 landings 

and dead discards. In the last several 

years, total U.S. BFT landings have been 

below the available U.S. quota such that 

the United States has carried forward 

the maximum amount of underharvest 

allowed by ICCAT from one year to the 

next. NMFS will need to account for 

2020 landings and dead discards within 

the adjusted U.S. quota, consistent with 

ICCAT recommendations, and 

anticipates having sufficient quota to do 

that, even with this 19.5 mt transfer to 

the General category. Thus, this quota 

transfer would allow fishermen to take 

advantage of the availability of fish on 

the fishing grounds to the extent 

consistent with the available amount of 

transferrable quota and other 

management objectives, while avoiding 

quota exceedance. 

NMFS also considered the effects of 

the adjustment on the BFT stock and the 

effects of the transfer on accomplishing 

the objectives of the FMP 

(§ 635.27(a)(8)(v) and (vi)). This transfer 

would be consistent with the current 

quotas, which were established and 

analyzed in the 2018 BFT quota final 

rule (83 FR 51391, October 11, 2018), 

and with objectives of the 2006 

Consolidated HMS FMP and 

amendments and is not expected to 

negatively impact stock health or to 

affect the stock in ways not already 

analyzed in those documents. Another 

principal consideration is the objective 

of providing opportunities to harvest the 

full annual U.S. BFT quota without 

exceeding it based on the goals 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 their full BFT 

quota allocations (related to 


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75920 Federal Register / Vol. 85, No. 229 / Friday, November 27, 2020 / Rules and Regulations 

§ 635.27(a)(8)(x)). Specific to the 

General category, this includes 

providing opportunity equitably across 

all time periods. 

Based on the considerations above, 

NMFS is transferring 19.5 mt from the 

Reserve category to the General 

category. Therefore, NMFS adjusts the 

General category December 2020 

subquota quota to 28.9 mt and adjusts 

the Reserve category quota to 0.5 mt. 

The General category fishery reopens 

December 1, 2020, and will remain open 

until December 31, 2020, or until the 

adjusted General category quota is 

reached, whichever comes first. 

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 adjustment, as well as closures, 

and may result in enforcement actions. 

Additionally, and separate from the 

dealer reporting requirement, General 

and HMS Charter/Headboat category 

vessel owners are required to report the 

catch of all BFT retained or discarded 

dead within 24 hours of the landing(s) 

or end of each 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 action 

(e.g., closure) is necessary to ensure 

available subquotas are 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. 

NMFS reminds General category 

participants that when the fishery 

reopens December 1, 2020, the BFT 

General category daily retention limit 

will be one large medium or giant BFT 

per vessel per day/trip. 

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: 

The regulations implementing the 

2006 Consolidated HMS FMP and 

amendments provide for inseason quota 

transfers 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 

December 2020 subquota period at this 

time is impracticable and contrary to the 

public interest as NMFS could not have 

proposed this action earlier, as it needed 

to consider and respond to updated 

landings data in deciding to transfer a 

portion of the Reserve quota to the 

General category quota. If NMFS was to 

offer a public comment period now, 

after having appropriately considered 

that data, it could preclude fishermen 

from harvesting BFT that are legally 

available consistent with all of the 

regulatory criteria. This action does not 

raise conservation and management 

concerns. Transferring quota from the 

Reserve category to the General category 

does not affect the overall U.S. BFT 

quota, and available data shows the 

adjustment would have a minimal risk 

of exceeding the ICCAT-allocated 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 all of the above 

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: November 23, 2020. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2020–26218 Filed 11–25–20; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 201119–0308] 

RIN 0648–BI04 

Fisheries Off West Coast States; West 

Coast Salmon Fisheries; Rebuilding 

Chinook Salmon Stocks 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues a final rule 

under the authority of the MagnusonStevens Fishery Conservation and 

Management Act (MSA) to approve and 

implement rebuilding plans 

recommended by the Pacific Fishery 

Management Council (Council) for two 

overfished salmon stocks: Klamath 

River fall-run Chinook salmon (KRFC) 

and Sacramento River fall-run Chinook 

salmon (SRFC). NMFS determined in 

2018 that these stocks were overfished 

under the MSA, due to spawning 

escapement falling below the required 

level for the three-year period 2015– 

2017. The MSA requires overfished 

stocks to be rebuilt, generally within 10 

years. 

DATES: This final rule is effective 

December 28, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Peggy Mundy at 206–526–4323. 

SUPPLEMENTARY INFORMATION: 

Background 

In June 2018, NMFS determined that 

two stocks of Chinook salmon managed 

under the Council’s Pacific Coast 

Salmon Fishery Management Plan 

(FMP) met the overfished criteria of the 

FMP and the MSA. Overfished is 

defined in the FMP to be when the 

three-year geometric mean of a salmon 

stock’s annual spawning escapements 

falls below the reference point known as 

the minimum stock size threshold 

(MSST). The three-year geometric mean 

of spawning escapement fell below 

MSST for both KRFC and SRFC salmon 

stocks for the period 2015–2017. In 

response to the overfished 

determination, the Council developed 

rebuilding plans for these stocks, which 

were transmitted to NMFS for approval 

and implementation. NMFS published a 

proposed rule (85 FR 6135, February 4, 

2020) describing the rebuilding plans 

and soliciting comments from the public 

on the proposed rule and on the draft 

environmental assessments (EA) that 

were prepared under the National 

Environmental Policy Act (NEPA). 

Response to Comments 

NMFS published a proposed rule on 

February 4, 2020 (85 6135) and related 

draft EAs for public comment. The 

comment period ended on March 5, 

2020. NMFS received four public 

comment submissions from individuals 

on the proposed rule and no comments 

on the draft EA. The comments and 

responses are below. 

Comment 1: One person objected to 

NOAA’s management of salmon stocks 


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