Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations 36669 

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. 

Dated: July 6, 2021. 

Marietta Echeverria, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.666, paragraph (a): 

■ i. Add a heading to the table; 

■ 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: 

§ 180.666 Fluxapyroxad; tolerances for 

residues. 

(a) * * * 

TABLE 1 TO PARAGRAPH (a) 

Commodity Parts per 

million 

* * * * * 

Cottonseed, subgroup 20C ........ 0.5 

* * * * * 

Fruit, pome, group 11–10 ........... 0.8 

* * * * * 

Pomegranate .............................. 0.2 

* * * * * 

Vegetable, fruiting, group 8–10 .. 0.7 

* * * * * 

* * * * * 

[FR Doc. 2021–14708 Filed 7–12–21; 8:45 am] 

BILLING CODE 6560–50–P 

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., 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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36670 Federal Register / Vol. 86, No. 131 / Tuesday, July 13, 2021 / Rules and Regulations 

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 

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 

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 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 

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. 

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 § 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). 


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