43420 Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations 

Subpart CC [Amended] 

§ 52.1420 [Amended] 

■ 2. In § 52.1420, the table in paragraph 

(c) is amended by removing the entry for 

‘‘129–40’’ under the heading ‘‘Title 129- 

Nebraska Air Quality Regulations’’. 

[FR Doc. 2021–16767 Filed 8–6–21; 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–XB214 

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 30 

metric tons (mt) of Atlantic bluefin tuna 

(BFT) quota from the Reserve category 

to the Harpoon category. With this 

transfer, the adjusted Harpoon category 

quota for the 2021 fishing season is 76 

mt. The 2021 Harpoon category fishery 

is open until November 15, 2021, or 

until the Harpoon category quota is 

reached, whichever comes first. The 

action is based on consideration of the 

regulatory determination criteria 

regarding inseason adjustments, and 

applies to Atlantic Tunas Harpoon 

category (commercial) permitted 

vessels. 

DATES: Effective August 4, 2021, through 

November 15, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Larry Redd, Jr., larry.redd@noaa.gov, 

301–427–8503, Nicholas Velseboer, 

nicholas.velsboer@noaa.gov, 978–675– 

2168, or Lauren Latchford, 

lauren.latchford@noaa.gov, 301–427– 

8503. 

SUPPLEMENTARY INFORMATION: Atlantic 

highly migratory species (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. 

The current baseline quotas for the 

Harpoon and Reserve categories are 46 

mt and 29.5 mt, respectively. To date for 

2021, NMFS has published one action 

that has adjusted the available 2021 

Reserve category quota, which currently 

is 168 mt (86 FR 8717, February 9, 

2021). The 2021 Harpoon category 

fishery opened June 1, and is open 

through November 15, 2021, or until the 

Harpoon category quota is reached, 

whichever comes first. 

Transfer of 30 mt From the Reserve 

Category to the Harpoon Category 

Under § 635.27(a)(9), NMFS has the 

authority to transfer quota among 

fishing categories or subcategories after 

considering the determination criteria 

provided under § 635.27(a)(8). NMFS 

has considered all of the relevant 

determination criteria and their 

applicability to the Harpoon category 

fishery. These 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 

Harpoon 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. Additional 

opportunity to land BFT in the Harpoon 

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 Harpoon 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)). As of August 

3, 2021, the Harpoon category has 

landed 39.7 mt. Commercial-size BFT 

are currently readily available to vessels 

fishing under the Harpoon category 

quota. Without a quota transfer at this 

time, Harpoon category participants 

would have to stop BFT fishing 

activities with very short notice, while 

commercial-sized BFT remain available 

in the areas Harpoon category permitted 

vessels operate. Transferring 30 mt of 

BFT quota from the Reserve category 

would result in a total of 76 mt being 

available for the Harpoon category for 

the 2021 Harpoon category fishing 

season. 

Regarding the projected ability of the 

vessels fishing under the Harpoon 

category to harvest the additional 

amount of BFT before the end of the 

fishing year (§ 635.27(a)(8)(iii)), NMFS 

considered Harpoon category landings 

over the last several years. Landings are 

highly variable and depend on access to 

commercial-sized BFT and fishing 

conditions, among other factors. NMFS 

anticipates that the Harpoon category 

could harvest the transferred 30 mt prior 

to the end of the Harpoon category 

season, subject to weather conditions 

and BFT availability. NMFS may 

transfer unused Harpoon category quota 

to other quota categories, as appropriate. 

NMFS also anticipates that some 

underharvest of the 2020 adjusted U.S. 

BFT quota will be carried forward to 

2021 and placed in the Reserve 

category, in accordance with the 

regulations. Thus, this quota transfer 

would allow fishermen to take 

advantage of the availability of fish on 

the fishing grounds, consider the 

expected increases in available 2021 

quota, and provide a reasonable 

opportunity to harvest the available U.S. 

BFT quota. 

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 

2021 landings and dead discards within 

the adjusted U.S. quota, consistent with 

ICCAT recommendations, and 

anticipates having sufficient quota to do 

that. 

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 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 


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Federal Register / Vol. 86, No. 150 / Monday, August 9, 2021 / Rules and Regulations 43421 

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 

§ 635.27(a)(8)(x)). 

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 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 

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 

635.27(a)(9) (inseason adjustments), 

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 

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. 

553(b)(B) to waive prior notice and the 

opportunity for public comment. 

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. 

[FR Doc. 2021–16888 Filed 8–4–21; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 210730–0155] 

RIN 0648–BK37 

Atlantic Highly Migratory Species; 

General Category Restricted-Fishing 

Days 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: 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. 

DATES: 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 301–427–8503. 

FOR FURTHER INFORMATION CONTACT: 

Larry Redd, Jr., larry.redd@noaa.gov, 

301–427–8503, or Sarah McLaughlin, 

sarah.mclaughlin@noaa.gov, 978–281– 

9260. 

SUPPLEMENTARY INFORMATION: Atlantic 

HMS fisheries, including BFT fisheries, 

are managed under the authority of the 

Atlantic Tunas Convention Act (ATCA; 


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