NOAA Transfers Bluefish Quota Between States; ATF Seeks Comments on Three Revised Information Collections

Atlantic Bluefish Quota Transfer: New York to North Carolina

The National Oceanic and Atmospheric Administration's National Marine Fisheries Service (NMFS) has issued a temporary rule, effective October 27, 2026 through December 31, 2026, transferring 200,000 pounds (90,718 kilograms) of Atlantic bluefish commercial quota from the State of New York to the State of North Carolina. The agency states the transfer was requested to ensure North Carolina would not exceed its 2026 state quota.

Regulations governing the Atlantic bluefish fishery are found at 50 CFR 648.160 through 648.167, which require annual specification of a commercial quota apportioned among coastal states from Maine through Florida. The final 2026 allocations were published on February 19, 2026 (91 FR 7896). The mechanism for state-to-state quota transfers was established by the final rule implementing Amendment 1 to the Atlantic Bluefish Fishery Management Plan (FMP), published in the Federal Register on July 26, 2000 (65 FR 45844). Under 50 CFR 648.162(e), two or more states may, under mutual agreement and with the concurrence of the NMFS Greater Atlantic Regional Administrator, request approval to transfer or combine bluefish commercial quota.

The Regional Administrator is required to evaluate three criteria before approving any such transfer: that the transfer would not preclude the overall annual quota from being fully harvested; that it addresses an unforeseen variation or contingency in the fishery; and that it is consistent with the objectives of the FMP and the Magnuson-Stevens Fishery Conservation and Management Act. The agency states that the Regional Administrator has determined all three criteria have been met for this transfer. Following the adjustment, the revised 2026 commercial bluefish quotas are: New York, 596,248 lb (270,454 kg); and North Carolina, 1,943,521 lb (881,566 kg). NMFS issued this action pursuant to section 305(d) of the Magnuson-Stevens Act.

ATF Opens Comment Period on Three Explosives and Tobacco Form Revisions

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has published three simultaneous 60-day notices in the Federal Register, each inviting public comment until midnight on December 28, 2026, on proposed revisions to previously approved information collections that will be submitted to the Office of Management and Budget (OMB) for review and approval under the Paperwork Reduction Act of 1995.

Explosives Employee Possessor Questionnaire (ATF Form 5400.28). This collection covers the requirement that all persons holding ATF explosives licenses or permits report identifying information about their employee possessors (EPs) — employees authorized to handle explosives in the course of their duties — and any subsequent changes. The statutory basis is Title XI of the Organized Crime Control Act of 1970 and its implementing regulations at 27 CFR part 555, which require persons seeking to manufacture, import, deal in, or use explosives to file an application with ATF. Additionally, 18 U.S.C. 843(h) requires ATF to conduct background checks on EPs to ensure compliance with 18 U.S.C. 842(i), which prohibits certain persons from possessing explosive materials. ATF estimates 80,661 respondents per year, each taking an average of approximately 20 minutes (0.33 hours) per response, for a total estimated annual burden of 26,860 hours. ATF states there are no additional costs associated with this collection.

Explosives Responsible Person Questionnaire (ATF Form 5400.27). This parallel collection covers responsible persons (RPs) — defined as persons who have the power to direct a federal explosives licensee or permittee's management and policies pertaining to explosive materials. The same statutory framework applies, with the additional requirement under 18 U.S.C. 843(a) that RPs submit fingerprints and a photograph with the form. ATF estimates 7,509 respondents per year, each requiring approximately 20 minutes (0.33 hours) per response, for a total estimated annual burden of 2,478 hours. The agency estimates a total annual other cost burden of $187,750 for fingerprints, calculated at a cost of $50 per respondent.

PACT Act Registration Form (ATF Form 5070.1). This collection implements the registration requirements of the Prevent All Cigarette Trafficking Act of 2009 (15 U.S.C. 375–378, 18 U.S.C. 1716E), which requires any person who sells, transfers, or ships for profit cigarettes or smokeless tobacco in interstate commerce to register with the Attorney General (a function delegated to ATF) and with the state tax administrators of the states to which the person ships tobacco products or in which the person advertises or offers them. The document notes that in 2021, electronic nicotine delivery systems (ENDS) became subject to regulation under the PACT Act through the Preventing Online Sales of E-Cigarettes to Children Act, which expanded the definition of "cigarette" to include any electronic device that, through an aerosolized solution, delivers nicotine, flavor, or any other substance to the user inhaling from the device. ATF uses the collected information to register applicants and to create and maintain a PACT Act registration database, as well as a database of unregistered or non-compliant delivery sellers made available to state attorneys general, tax administrators, common carriers, and other persons the Attorney General deems appropriate. ATF estimates 1,396 respondents per year, each taking approximately 30 minutes (0.5 hours) per response, for a total estimated annual burden of 698 hours, with no additional costs.

For all three ATF collections, the agency invites public comment on whether each collection is necessary for ATF to properly perform its functions, the accuracy of the agency's burden estimates, whether the quality and clarity of the collected information can be enhanced, and ways to minimize respondent burden through technological means.

What to Watch

• December 28, 2026: Deadline for written public comments on all three ATF information collection revisions — ATF Form 5400.28 (EPQ), ATF Form 5400.27 (RPQ), and ATF Form 5070.1 (PACT Act Registration Form).
• December 31, 2026: Expiration of the temporary NMFS bluefish quota transfer rule adjusting New York and North Carolina's 2026 commercial allocations.

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