Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2021-2022 Biennial Specifications and Management Measures; Correction, 27816-27822 [2021-10822]

Download as PDF 27816 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES 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 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. The timing of this rulemaking will allow approximately two weeks’ prior notice to the regulated community. Affording additional prior notice and an opportunity for public comment on the change in the daily retention limit from the default level for the June through August 2021 subquota period would be impracticable. Based on available BFT quotas, fishery performance in recent years, and the availability of BFT on the fishing grounds, responsive adjustment to the General category BFT daily retention limit from the default level is warranted to allow fishermen to take advantage of availability of fish and of quota. NMFS could not have proposed these actions earlier, as it needed to consider and respond to updated data and information about fishery conditions and this year’s landings. If NMFS was to offer a public comment period now, after having appropriately considered that data, it would preclude fishermen from harvesting BFT that are legally available consistent with all of the regulatory criteria, and/or could result in selection of a retention limit inappropriate to the amount of quota available for the period. Fisheries under the General category daily retention limit will commence on June 1 and thus prior notice would be contrary to the public interest. Delays in increasing these retention limits would adversely affect those General and Charter/Headboat category vessels that would otherwise have an opportunity to harvest more than the default retention limit of one BFT per day/trip and may result in low catch rates and quota rollovers. Analysis of available data shows that adjustment to the BFT daily retention limit from the default level would result in minimal risks of exceeding the ICCAT-allocated quota. NMFS provides notification of retention VerDate Sep<11>2014 15:59 May 21, 2021 Jkt 253001 limit adjustments by publishing the notification 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. With quota available and fish available on the grounds, and with no additional expected impacts to the stock, it would be contrary to the public interest to require vessels to wait to harvest the additional fish allowed through this action. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment. Adjustment of the General category retention limit needs to be effective June 1, 2021, or as soon as possible thereafter, to minimize any unnecessary disruption in fishing patterns, to allow the impacted sectors to benefit from the adjustment, and to not preclude fishing opportunities for fishermen in geographic areas with access to the fishery only during this time period. Foregoing 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. Therefore, the AA finds there is also good cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness. This action is being taken under § 635.23(a)(4) and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 971 et seq. and 1801 et seq. Dated: May 18, 2021. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–10825 Filed 5–21–21; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00020 Fmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 210518–0108] RIN 0648–BK60 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2021–2022 Biennial Specifications and Management Measures; Correction National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule; correcting amendment. AGENCY: This action contains corrections to the final rule for the 2021–2022 Biennial Harvest Specifications and Management Measures for groundfish harvested in the U.S. exclusive economic zone off the coasts of Washington, Oregon, and California published on December 11, 2020. This action corrects: The seaward boundary of the non-trawl Rockfish Conservation Area, the southern boundary of the trawl Rockfish Conservation Area, the salmon troll incidental limits title, and republishes two trip limit tables that had text inadvertently cut off. DATES: This final rule is effective on May 24, 2021. ADDRESSES: Electronic Access: This rule is accessible via the internet at the Office of the Federal Register website at https://www.federalregister.gov. Background information and documents are available at the Pacific Fishery Management Council’s website at https:// www.pcouncil.org/. FOR FURTHER INFORMATION CONTACT: Keeley Kent, phone: 206–247–8252 or email: keeley.kent@noaa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Background The Pacific Coast Groundfish Fishery Management Plan (PCGFMP) and its implementing regulations at title 50 in the Code of Federal Regulations (CFR), part 660, subparts C through G, regulate fishing for over 90 species of groundfish off the coasts of Washington, Oregon, and California. The Pacific Fishery Management Council (Council) develops groundfish harvest specifications and management measures for two-year periods (i.e., a biennium). NMFS published the final rule to implement harvest specifications Sfmt 4700 E:\FR\FM\24MYR1.SGM 24MYR1 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations not recommended for change through the 2021–2022 harvest specifications rulemaking. This final rule will correct the southern boundary from 45°46′ N latitude to 46°16′ N latitude, which aligns with the Washington/Oregon border. and management measures for the 2021–2022 biennium for most species managed under the PCGFMP on December 11, 2020 (85 FR 79880). NMFS also published a correction (85 FR 86853, December 31, 2020) and a correcting amendment (86 FR 14379, March 16, 2021) to implement the Council’s recommendations for the 2021–2022 harvest specifications and management measures. Salmon Troll Incidental Allowance Correction Non-Trawl Rockfish Conservation Area Correction The final rule, published on December 11, 2020 (85 FR 79880), included a typographical error in the seaward boundary line of the Non-Trawl Rockfish Conservation Area (RCA) south of 34°27′ N lat. in Table 2 (South) to Subpart E. The final rule mistakenly amended the seaward boundary of the non-trawl RCA described for the limited entry fixed gear fishery in a way that was inconsistent with the Councilrecommended boundaries and was also contradictory to the boundaries of the non-trawl RCA described in open access fishery regulations. This final rule will correct the seaward boundary from the boundary line approximating the 125 fathom (fm) depth contour to the boundary line approximating the 150 fm depth contour. At the April 8–9 and 12– 15, 2021 virtual meeting, the Council recommended that this correction be implemented quickly to resolve inconsistencies within the regulations, reduce confusion among members of industry, and to promote ease of enforcement for the boundaries of the non-trawl RCA. Trawl Rockfish Conservation Area Correction khammond on DSKJM1Z7X2PROD with RULES The final rule also included a typographical error in the southern boundary line of the Trawl RCA in Table 1 (North) to part 660, subpart D. The final rule mistakenly amended the southern boundary of the trawl RCA in a way that was inconsistent with the Council-recommended boundaries that were established previously under Amendment 28 to the PCGFMP (84 FR 63966; November 19, 2019) and were VerDate Sep<11>2014 17:45 May 21, 2021 Jkt 253001 The final rule included a typographical error in the salmon troll incidental limits title in Table 3 South to Subpart F. The table in the final rule incorrectly referenced incidental retention of yellowtail and incidental retention of lingcod in the title of the section. Salmon trollers are not allowed to retain incidentally caught lingcod south of 40°10′ N latitude, as was correctly described in the description of the limit. This correction of the title would address that inconsistency. Other Errors in Table Readability This correction also republishes Table 2 North and Table 3 South as the final rule had a row of cut off text in each. Classification Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for Fisheries (AA) finds there is good cause to waive prior notice and an opportunity for public comment on this action, as notice and comment would be unnecessary and contrary to public interest. Notice and comment are unnecessary and contrary to the public interest because this action corrects inadvertent errors related to the December 11, 2020 final rule (85 FR 79880). Immediate correction of the errors is necessary to prevent confusion among participants in the fishery. To effectively correct the errors, the changes in this action must be effective upon publication as the fishery has already begun. Thus, there is not sufficient time for notice and comment. In addition, notice and comment is unnecessary because this notice makes only minor changes to correct inadvertent errors related to the December 11, 2020 final rule (85 FR 79880). These corrections will not affect the results of analyses conducted to PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 27817 support management decisions in the Pacific Coast groundfish fishery. These corrections are consistent with the Council’s intent for regulations and the public expects the regulations to be written as in the correction. No change in operating practices in the fishery is required. For the same reasons stated above, the AA has determined good cause exists to waive the 30-day delay in effectiveness pursuant to 5 U.S.C. 553(d). This notice makes only minor corrections to the final rule which was effective January 1, 2021. Delaying effectiveness of these corrections would result in conflicts in the regulations and confusion among fishery participants. Because prior notice and an opportunity for public comment are not required to be provided for this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly, no Regulatory Flexibility Analysis is required for this rule and none has been prepared. This final rule is not significant under Executive Order 12866. This final rule contains no information collection requirements under the Paperwork Reduction Act of 1995. List of Subjects in 50 CFR Part 660 Fisheries, Fishing, and Indian Fisheries. Dated: May 18, 2021. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 660 is amended as follows: BILLING CODE 3510–22–P PART 660—FISHERIES OFF WEST COAST STATES 1. The authority citation for part 660 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. E:\FR\FM\24MYR1.SGM 24MYR1 27818 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations 2. Revise Table 1 (North) to part 660, subpart D, to read as follows: ■ -~-·--"- ····~ Table 1 (North) to Part 660, Subpart D -- Limited Entry Trawl Rockfish Conservation Areas and Landing Allowances for non-lFQ Species and Pacific Whiting North of 40°10' N. Lat. This table describes Rockflsh Conservation Areas for vessels using groundflsh trawl gear. This table describes Incidental landing allowances for vessels registered to a Federal limited entry trawl permit and using groundflsh trawl or groundflsh non-trawl gears to harvest Individual fishing quota (IFQ) species. i Other Limits and Requirements Apply-- Read§ 660.10 -§ 660.399 before using this table JAN-FEB I MAR-APR I MAY-JUN I JUL-AUG I SEP-OCT I I I NOV-DEC 05/10/2021 Rockflsh Conservation Area (RCA) 11 : I I 1 2 I North of 46°16' N. lat. 100 Im line 11 -150 Im line 11 46"16' N. lat. - 40°10' N. lat. Block Area Closures (BACs) may be implemented, and will be announced in the Federal Register. See provisions at § 660.130 for gear restrictions and requirements by area. Vessels fishing groundfish trawl quota pounds with groundfish nori-trawl gears, under gear switching provisions at § 660.140, are subject to the limited entry groundfish trawl fishery landing allowances in this table, regardless of the type of fishing gear used. Vessels fishing groundfish trawl quota pounds with groundfish nori-trawl gears, under gear switching provisions at§ 660.140, are subject to the limited entry fixed gear nori-trawl RCA, as described in Tables 2 (North) and 2 (South) to Part 660, Subpart E. See§ 660.60, § 660.130, and§ 660.140 for Add~lonal Gear, Trip Lim~, and Conservation Area Requirements and Restrictions. See§§ 660. 70-660.74 and §§ 660. 76-660.79 for Conservation Area Descriptions and Coordinates (Including RCAs, YRCA, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). State trip limits and seasons may be more restrictive than federal trip limits, particularly in waters off Oregon and California. 3 Mlnor Nearshore Rockflsh, Washington Black rockflsh & Oregon Black/blue/deacon rockflsh 1 300 lb/ month -I )> OJ r- m -... z 4 Whltlng 31 0 5 midwater trawl Before the primary whiting season: CLOSED. -- During the primary season: mid-water trawl permitted in the RCA. See §660.131 for season and trip limit details. -- After the primary whiting season: CLOSED . 6 large & small footrope gear Before the primary whiting season: 20,000 lb/trip. -- During the primary season: 10,000 lb/trip. --After the primary whiting season: 10,000 lb/trip. - :::r I 7 Oregon Cabezon/Kelp Greenllng complex I 8 Cabezon In CalWornla I; 9 Spiny dogfish I -, 50 lb/ month 50 lb/ month 60,000 lb/ month , I 101Blgskate Unlimited I 11 Longnose skate Unlimited i 12 Other Fish 41 Unlimited 11/ The Rockfish Conservation Area is an area closed to fishin g by particular earlyp es ' bounded b lines s ecificall defined b latitude and lo n itude 'coordinates set out at§§ 660.71-660.74. This RCA is not defined by depth contours, and the boundary lines that define the RCA may close areas Ithat are deeper or shallower than the depth contour. Vessels that are subject to the RCA restrictions may not fish in the RCA, or operate in the IRCA for".ny purpose other than transiting. 121 The "modified" fathom lines are modified to exclude certain petrale sole areas from the RCA. b, As specified at §660.131(d), when fishing in the Eureka Area, no more than 10,000 lb of whiting may be taken and retained, possessed, or landed by a vessel that, at any time during the fishing trip, fished in the fishery management area shoreward of 100 Im contour. I4/ "other Fish" are defined at§ 660.11 and include kelp gre_e_n_lin_g_o_f_f_C_a_lif_o_rn_ia__a_n_d_l_eo_p_a_rd_s_ha_r_k._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___, To convert pounds to kilograms, divide by 2.20462, the number of pounds In one kilogram. VerDate Sep<11>2014 17:45 May 21, 2021 Jkt 253001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4725 E:\FR\FM\24MYR1.SGM 24MYR1 ER24MY21.012</GPH> khammond on DSKJM1Z7X2PROD with RULES 1 27819 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations 3. Revise Table 2 (North) to part 660, subpart E, to read as follows: ■ i t F",xe d G ear N0 rth 0 f 40°10' N . L.1m1·ts f or L.1m1·te d E ncrv IT a bl e 2 IN o rth l to Pa rt 660 , S u bpa rt E - Non-Tr~~_.QC !-IR kfi1s h Conservaf 10n A reas an d T np I i lother limits and requirements apply-- Read §§660.10 through 660.399 before using this table I I I 5t1oi2021 I I JAN-FEB I I MAR-APR I MAY-JUN I JUL-AUG I SEP-OCT I NOV-DEC ~ockfish Con~ervation Area (RCA) 11 : 1 North of 46 16' N. lat I shoreline - 100 Im line 11 40 Im line 11 -100 Im line" 1O' N. lat 30 Im line 11- 40 Im line 1121 See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70~60.74 and §§660.76~60.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAsl. State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and California. 12 IJ 46 16' N. lat - 40 0 4 5 6 7 8 9 w 0 Minor Slope Rockfish 31 & Darkblotched rockfish Pacific ocean perch Sablefish Longspine thornyhead Shortspine thornyhead Dover sole, arrowtooth flounder, petrale sole, English sole, starry flounder, Other 8,000 lb/ 2 month 3,600 lb/ 2 months 1,700 lb week, not to exceed 5,100 lbs/ 2 months 10,000 lb/ 2 months 2,000 lb/ 2 months 2,500 lb/ 2 months I .... l> ,..Ill 10,000 lbs/ month 11 Flatfish 4181 m 12 Whiting 10,000 lb/ trip 800 lbs / month 200 lbs/ month Widow rockfish 4,000 lb/ 2 month Yellowtail rockfish 3,000 lb/ month Canary rockfish 3,000 lb/ 2 months Yelloweye rockfish CLOSED Minor Nearshore Rockfish, Oregon black/blue/deacon rockfish & CA black rockfish 51 5,000 lb/ 2 months, no more than 1,200 lb of which may be species other than black rockfish or North of 42°00' N. lat blue/deacon rockfsh 41 7,000 lb/ 2 months, no more than 2,000 lb of which may be species other than black rockfsh 42°00' N. lat -40°10' N. lat Li~g~od 61 North of 42°00' N. lat 4,000 lb/ 2 months 2, 000 lb/2 months 42°00' N. lat -40°10' N. lat Pacific cod 1,000 lb/ 2 months 150,000 lb/ Spiny dogfish 100,000 lb/ 2months 200,000 lb/ 2months I 2months I Longnose skate Unlimited Unlimited other Fish 71& Cabezon in California Unlimited Oregon Cabezon/Kelp Greenling Unlimited Big skate "' 13 Minor Shelf Rockfish 31 14 Shortbelly Rockfish 15 16 17 18 19 20 21 E 23 24 25 26 27 28 29 30 -z 0 :::. - ::r 1/ The Rockfish Conservation Area is an area closed to fishing by particular gear types, bounded by lines specifically defined by latitude and longitude coordinates set out at§§ 660.71-660.74. This RCA is not defined by depth contours (with the exception of the 20-fm depth contour boundary south of 42° N. lat.), and the boundary lines that define the RCA may close areas that are deeper or shallower ~--"-_!!!~n the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA, or operate in the RCA for any purpose ,-......~her than transiting. ---·-------------·- - ._j -------- :2/ Between 46°16' N. lat. and 40°10' N. lat. and the 30fm and 40 fm lines, fishing 1s only allowed with hook-and-line gear except bottom longl1ne and dinglebar gear, as defined in §660.11 I -~ 1 13/ Bocaccio, chilipepper and cowcod are included in the trip limits for Minor Shelf Rockfish and splitnose rockfish is included in the trip limits for Minor Slope Rockfish. I4/ "Other flatfish" are defined at§ 660.11 and include butter s~!~-~-~~~~n sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole. -·-- 151 For black rockfish north of Cape Aiava (48°09.50' N. lat.), and between Destruction Is. (47°40' N. lat.) and Leadbetter Pnt. there is an additional limit of 100 lb cr 30 percent by iweight of all fish on board, whichever is greater, per vessel, per fishing trip.(46°38.17' N. lat.), ·-1 - - - - - - - - - - ~ - - - - - - - - - - - - · - - - 1I 1st }he minimum size limit for lingcod is 22 inches (56 cm) to~~!..~~~9J~__North___~~~-~~- and 24 in~hes (61 cm) total length South of 42° N. lat. 17/"other Fish" are defined at§ 660.11 and include kelp green ling off California and leopard shark. 18/ --------7I LEFG vessels are allowed to fish inside groundfish conservation areas using hook and line only. See section 660.230 (d) of the regulations for more information. VerDate Sep<11>2014 17:45 May 21, 2021 Jkt 253001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4725 E:\FR\FM\24MYR1.SGM 24MYR1 ER24MY21.013</GPH> khammond on DSKJM1Z7X2PROD with RULES To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram. 27820 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations 4. Revise Table 2 (South) to part 660, subpart E, to read as follows: ■ ITable 2 (South) to Part 660~Subpart E - Non-Trawl Rockfish Conservation Areas and Trip Limits for Limited Entry Fixed Gear South.of 40°1o;·N:--J I 0ther limits and requirements apply-• Read §§660. 10 through 660.399 before using this table 5/10/2021 1 I JAN-FEB I MAR-APR I MAY.JUN I JUL-AUG I SEP-OCT I NOV-DEC I 1 Rockfish Conservation Area (RCA)11 : 1 40°10' N. lat -38°57.5' N. lat 40 Im line 11 -125 Im line 11 2 38°57.5' N. lat -34°27' N. lat 50 Im line 11 -125 Im line 11 100 fm line" - 150 Im line 11 (also applies around islands) 3 South of 34°27' N. lat See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70~60.74 and §§660.76~60.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). 4 5 6 7 8 9 10 11 12 13 14 State trio limits and seasons mav be more restrictive than Federal trio limits or seasons, Particularlv in waters off Oreaon and California. 40,000 lb/ 2 months, of which no more than 6,000 lb may be blackgill rockfish Minor Slooe rockfish 21 & Darkblotched 40,000 lb/ 2 months Solitnose rockfish Sablefish 1,700 lb/week, not to exceed 5,100 lbs/ 2 months 40°10'N. lat - 36°00' N. lat 2,500 lb/ week South of 36°00' N. lat 10,000 lb/ 2 months Longspine thornyhead Shortspine thornyhead 40°10' N. lat - 34 °27' N. lat 2,000 lb/ 2 months 2,500 lb/ 2 months I South of 34 °27' N. lat 3,000 lb/ 2 months Dover sole, arrowtooth flounder, petrale sole, English sole, starry flounder, Other 10,000 lb/ month -I )> 'ts Flatfish 3181 Ill 10,000 lb/ trip 16 Whiting 17 Minor Shelf Rockfish 21 18 40°10' N. lat -34°27' N. lat 19 South of 34° 27' N. lat I'" m 8,000 lbs./ 2 months, of which no more than 500 lbs. mav be vermilion 5,000 lbs./ 2 months, of which no more than 3,000lbs. may be vermilion "' - 20 Widow en 40°10' N. lat -34°27' N. lat South of 34° 27' N. lat 10,000 lbs./ 2 months 8,000 lbs./ 2 months 24 40°10' N. lat -34°27' N. lat 25 South of 34° 27' N. lat 10,000 lbs./ 2 months 8,000 lbs./ 2 months 21 22 0 ... C - ::r 23 Chilipepper 26 Shortbelly Rockfish South of 40°10' N. lat 27 200 lb/ month 3,500 lbs/ 2 months CLOSED CLOSED CLOSED 6,000 lbs/ 2 months 28 Canary rockfish 29 Yelloweye rockfish 30 Cowcod 31 Bronzesootted rockfish 32 Bocaccio 33 Minor Nearshore Rockfish Shallow nearshore 41 Deeoer nearshore 51 36 California Scorpionfish 37 Lingcod 61 38 Pacific cod 34 35 200,000 lb/ 2 months 39 Spiny dogfish I 40 Longnose skate 41 other Fish 71 & Cabezon in California 42 Big Skate 2,000 lbs/ 2 months 2,000 lbs/ 2 months 3,500 lbs/ 2 months 1,600 lbs/ 2 months 1,000 lb/ 2 months 150,000 lb/ 2 months Unlimited Unlimited Unlimited I 100,000 lb/ 2 months 1/ i;he Rockfish Conservation Area is an area closed to fishinq bl'. earticular gear tn!es, bounded by lines specifically defined by latitude IQ!!.gitude coordinates set out at..§l.660.71-660.74. This RCA is not ~efin~depth contours (with the exception of the 20-fm I --1I .. boundaN south of 42° N. lat.), and the boundarl'. lines that define the RCA ma:,: close areas that are dee~er or s~allc;,'Ner contour. Vessels that are subiect to RCA restrictions mav not fish in the RCA or operate in the RCA for anv puroose I sitina. included in the trio limits for Mnor Slope Rockfish. Blackaill rockfish haw a SE!ecies SE!ecific tri12 sub-limit within the Minor I Rockfish cumulative limit. Yellatll:ail rockfish are included in the triE! limits for Minor Shelf Rockfish. Bronzes12otted rockfish s □ ecies s □ ecific I trio limit. 13/ "Other Flatfish" are defined at G 660.11 and include butter sole, curlfin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole. ~.§__h~.!_~_~earshore" are defined a!.l 660.11 under "Groundfish" (7)(i)(B)(! ). i I s 15/ "Dee er Nearshore" are defined at §.[~QjJ under "Groundfish" (7Jllllil)(2). , I !---· ·---1-- I iI I I I I 6/ The commercial mimimum size limit for lin cod is 24 inches 61 cm total len th South of 42° N. lat. ZL'.'.Q.ther Fish" are defined at§ 660.11 and include kelp QI.e~e~n~li~ng=of~f~C~•l~ifor=ni=•~•~nd=l•~op~•~rd=•h~•~rk~--------------------------·"-~~ 8/ LEFG vessels are allat1ed to fish inside groundfish conservation areas using hook and line only. See section 660.230 (d) qr the regulations for more information. VerDate Sep<11>2014 17:45 May 21, 2021 Jkt 253001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4725 E:\FR\FM\24MYR1.SGM 24MYR1 ER24MY21.014</GPH> khammond on DSKJM1Z7X2PROD with RULES iro convert pounds to klograms, divide by 2.20462, the number of pounds in one klogram. 27821 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations 5. Revise Table 3 (South) to part 660, subpart F, to read as follows: ■ Table 3 (Southl to Part 660, Suboart F-- Non-Trawl Rockfish Conservation Areas and Trio Limits for Ooen Access Gears South of 40°10' N. lat. I 5/10/2021 !Other limits and requirements applv-- Read & 660.10 throuqh 660.399 before usinq this table I I JAN-FEB I MAR-APR I MAY-JUN I JUL-AUG I SEP-OCT I NOV-DEC I Rockfish Conservation Area {RCA) 11 : I I I I I I I I I I 40 fm line 11 - 125 fm line 11 2 138°57.5' N. lat -34°27' N. lat 50 fm line 11 - 125 fm line 11 100 fm line 11 - 150 fm line 11 (also applies around islands) 3 South of 34 ·27' N. lat See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76660. 79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and California. 1 40.10' N. lat - 38°57.5' N. lat I I South of 34.27' 14 10,000 lbs/ 2 months, of which no more than 2,500 lbs may be blackgill rockfish 200 lbs/ month lat lat 600 lbs. daily, or 1 landinq per week up to 2,000 lbs., not to exceed 4,000 lbs/2 months lat 50Ib/ month lat 50 lb/ month 2,000 lbs/week, not to exceed 6,000 lbs/2 months 100 lbs/day, no more than 1,000 lbs/ 2 months N. lat ~ Dover sole, arrowtooth flounder, petrale --i 16 sole, English sole, starry flounder, Other 5,000 lbs/ month ► 300 lbs/ month r m 17 Ill Flatfish 3181 18 Whitinq 19 Minor Shelf Rockfish 21 20 40.10' N. lat - 34.27' N. lat 21 South of 34.27' N. lat 22 Widow 23 40.10' N. lat - 34.27' N. lat 4,000 lbs./ 2 months, of which no more than 400 lbs. may be vermilion 3,000 lbs. / 2 months, of which no more than 1,200Ibs. may be verm ii ion Cl> 0 C: 6,000 lbs. / 2 months 4,000 lbs./ 2 months South of 34.27' N. lat 24 :,- 25 Chilipepper 26 27 28 29 22 23 24 25 26 30 40.10' N. lat - 34.27' N. lat South of 34.27' N. lat Shortbellv Rockfish South of40°10' N. lat Canary rockfish Yelloweye rockfish Cowcod Bronzespotted rockfish Bocaccio Minor Nearshore Rockfish 6,000 lbs. / 2 months 4,000 lbs. / 2 months 200 lb/ month 1,500 lbs/ 2 months CLOSED CLOSED CLOSED 4,000 lbs/ 2 months 31 Shallow nearshore41 2,000 lbs/ 2 months 32 Deeoer nearshore 51 2,000 lbs/ 2 months 3,500 lbs/ 2 months 700 lbs/ months 1,000 lbs/ 2 months 150,000 lbs/ 2 months Unlimited Unlimited Unlimited 33 California Scorpionfish 34 Linacod 61 35 Pacific cod 200,000 lbs/ 2 months 36 Spiny dogfish 37 Longnose skate 38 Big skate I khammond on DSKJM1Z7X2PROD with RULES 39 Other Fish71 & Cabezon in California VerDate Sep<11>2014 17:45 May 21, 2021 Jkt 253001 PO 00000 "' -- Frm 00025 Fmt 4700 I Sfmt 4725 I 100,000 lbs/ 2 months E:\FR\FM\24MYR1.SGM 24MYR1 ER24MY21.015</GPH> 21 4 Minor Slope Rockfish & Darkblotched rockfish 5 Splitnose rockfish 6 Sablefish 7 40.10' N. lat - 36.00' N. 8 South of 36.00' N. 9 Shortpine thornyheads 10 40.10' N. lat - 34.27' N. 11 Lonqspine thornvheads 12 40.10' N. lat - 34.27' N. 13 Shortpine thornyheads and longspine 27822 Federal Register / Vol. 86, No. 98 / Monday, May 24, 2021 / Rules and Regulations ]:able 3 (South/ Continued !Other limits and requirements apply-- Read§ 660.10 through 660.399 before using this table JAN-FEB MAR-APR MAY-JUN I I I Rockfish Conservation Area (RCA) 11 : I I I -I I i I JUL-AUG I SEP-OCT I I I I I I I 511012021 NOV-DEC ! 40 fin line 11 -125 fin line 11 50 fin line 11 -125 fin line 11 100 Im line 11 - 150 fin line 11 (also aoolies around islands) 40 40° 10' N. lat. -38°57.5' N. lat. 41 38°57.5' N. lat. .;34°27' N. lat. 42 South of 34°27' N. lat. See §§660.60 and 660.230 for additional gear, trip llmlt and conservation area requirements and restrictions. See §§660. 70-660.74 and §§660.76660. 79 for conservation area descriptions and coordinates (Including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). 43 SALMON TROLL (subject to RCAs when retaining all species of groundfish, except for yel/owtail rockfish, as described below) Salmon !rollers may retain and land up to 1 lbs of yellowtail rocklish for every 2 lbs of Chinook salmon landed, with a cumulative limlt of 200 lbs/month, both within and outside of the RCA. This limit is within the 4,000 lbs per South 0140°10' N. lat. 2 month limit for minor shelf rockfish between 40°10' and 34°27' N lat., and not in addition to that limit. All groundfish species are subject to the open access limits, seasons, size limits and RCA restrictions listed in the table above, unless otherwise stated here. 44 45 _RIDGEBACK PRAWN AND, SOUTH OF 38 57.50' N. LAT., CA HALIBUT AND SEA CUCUMBER NON-GROUNDFISH TRAWL 46 NON-GROUNDFISH TRAWL Rockfish Conservation Area (RCA) for CA Halibut, Sea Cucumber & Ridgeback Prawn: 471 i 40. 10' N. lat. - 38. 00' N. lat. 48 38 °00' N. lat. - 34 °27' N. lat. South of 34 •27' N. lat. 49 100 fm line 11 200 fm line 11 I 100 fm line 11 -150 fm line 11 100 fm line 11 -150 fm line 11 100 fm line 11 -150 fm line --i I 100 fm line II 200 fm line 11 11 Groundfish: 300 lbs/trip. Species-specific limits described in the table above also apply and are counted toward the 300 lbs groundfish per trip limit. The amount of groundfish landed may not exceed the amount of the target species landed, except that the amount of spiny dogfish landed may exceed the amount of target species landed. Spiny dogfish are limited by the 300 lbs/trip overall groundfish limit. The daily trip limits for sablefish coastwide and thornyheads south of Pt. Conception and the overall groundfish "per trip" limit may not be multiplied by the number of days of the trip. Vessels participating in the California halibut fishery south of 38057.50' N. lat. are allowed to (1) land up to 100 lbs/day of groundfish without the ratio requirement, provided that at least one California halibut is landed and (2) land up to 3,000 lbs/month of flatfish, no more than 300 lbs of which may be species other than Pacific sanddabs, sand sole, starry flounder, rock sole, curlfin sole, or California scorpionfish (California scorpionfish is also subject to the trip limits and closures in line 29). 50 "ii' C' "' cii 0 !n 0 a :i' C " C. 51 PINK SHRIMP NON-GROUND FISH TRAWL GEAR (not subject to RCAs) -7 Effective April 1 - October 31: Groundfish: 500 lbs/day, multiplied by the number of days of the trip, not to exceed 1,500 lbs/trip. The following sublimits also apply and are counted toward the overall 500 lbs/day and 1,500 lbs/trip groundfish limits: lingcod 300 lbs/ month (minimum 24 inch size limit); sablefish 2,000 lbs/ month; canary rocklish, thornyheads and yelloweye rocklish are PROHIBITED. All other groundfish species taken are managed under the overall 500 lbs/day and 1,500 lbs/trip groundfish limits. Landings of all groundfish species count toward the per day, per trip or other species-specific sublimits described here and the species-specific limits described in the table above do not apply. The amount of groundfish landed may not exceed the amount of pink shrimp landed. ! 52 South 1/ The Rockfish Conservation Area is an area closed to fishing b~ particul~ar tvoes, bounded bv lines soecificallv defined bv latitude I '. __ +and longitude coordinates set out at $§_~?.9.JJ.:.?29J_~ __T_!l~ RC~J_~~-<!!:!!~-~y_9epth contours (with the ~E:J)tion of the 20-fr"!l ______ I depth contour boundary south of 42 N. lat.), and the boundary lines that define the RCA may close areas that are deeper or shallower f 0 -·-·r· ------ ·--------------- i I I I I I I I I _J ' ,___=IJ_~n the depth contour Vessels that are Sl:!.!?.@..cJJ.2.TRC_~~~~r!)~ n~ fish m the RCA orJ£_erate 1n the RCA for a~pJ!~-o~~----~---t----+- ---+------+-l91her than transiting. __I . L_ , I I I I I i I 2/ POP is included in the trip limits for minor slope rockfish. Bl_ackgill rockfish haw a ~pecies specific trip sub-:li'!!!t~v.,~·t~h~in~th~e~m~in~or~sl~o~o•e~r~oc~kfi~I•~h;---+i ---------l---,------t----,' :-__Icumulative limits. YellCMll:ail rockfish is included in the trio limits for minor shelf rockfish. Bronzes~otted rockfish haw a speci~~--+----+l_ _f-1,____,____+---< I Ilimit. , I I I I I I I I I I 3/ "Other flatfish" are defined at§ 660.11 and include butter sole, curtfin sole, flathead sole Pacific sand dab rex sole, rock sole,~an=d~•F•n~d~•~o~I•~·->---+-----+----+---+i---<em 4/ "Shallaw Nearshore" are defined at§ 660.11 under "Groundfish" (7)(i)(!fil11+1----+i__,_'--+--·+ri_ _--+i_·__i--+--+----i-i_ _~i--+--+---+---1 5/ "Deeper Nearshore" are defined at § 660.11 under "Groundfish" (7)(i)(B..l(?j,J_____ I i --~'--+--+----+---! 6/ The commercial mimimum size limit for lingcod is 24 inches (61 an) !~al leng~h South of 42° N. lat. - + - - - + - - - - t i -- - ~ ! - - - + - - - + - - I '.71 "Other fish" are defined at§ 660.11 and includes kelp qr~nling off California and le_~9...?_~~.:_L _________ ! I _____ J__ i &f-9~. ace~~ vessels are allow-ed to fish 1ns19~roundfish conservation areas 1;:1~ hook and line or,ly. See section 660.330 (d) of the r~ulat1ons for mar~ _information. I 1 ~!-~~~~~-e~~dsto_kilograms,divideby2.20462,thenurrt>erofpo~~':l~-~~~~e__!!!~!.._a.!!!-. j j _ rI ! ----1-----+----J_______ _L___,____ -·-1 [FR Doc. 2021–10822 Filed 5–21–21; 8:45 am] VerDate Sep<11>2014 17:45 May 21, 2021 Jkt 253001 PO 00000 Frm 00026 Fmt 4700 Sfmt 9990 E:\FR\FM\24MYR1.SGM 24MYR1 ER24MY21.016</GPH> khammond on DSKJM1Z7X2PROD with RULES BILLING CODE 3510–22–C

Agencies

[Federal Register Volume 86, Number 98 (Monday, May 24, 2021)]
[Rules and Regulations]
[Pages 27816-27822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10822]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 210518-0108]
RIN 0648-BK60


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2021-2022 Biennial Specifications and 
Management Measures; Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; correcting amendment.

-----------------------------------------------------------------------

SUMMARY: This action contains corrections to the final rule for the 
2021-2022 Biennial Harvest Specifications and Management Measures for 
groundfish harvested in the U.S. exclusive economic zone off the coasts 
of Washington, Oregon, and California published on December 11, 2020. 
This action corrects: The seaward boundary of the non-trawl Rockfish 
Conservation Area, the southern boundary of the trawl Rockfish 
Conservation Area, the salmon troll incidental limits title, and 
republishes two trip limit tables that had text inadvertently cut off.

DATES: This final rule is effective on May 24, 2021.

ADDRESSES: Electronic Access: This rule is accessible via the internet 
at the Office of the Federal Register website at https://www.federalregister.gov. Background information and documents are 
available at the Pacific Fishery Management Council's website at https://www.pcouncil.org/.

FOR FURTHER INFORMATION CONTACT: Keeley Kent, phone: 206-247-8252 or 
email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Pacific Coast Groundfish Fishery Management Plan (PCGFMP) and 
its implementing regulations at title 50 in the Code of Federal 
Regulations (CFR), part 660, subparts C through G, regulate fishing for 
over 90 species of groundfish off the coasts of Washington, Oregon, and 
California. The Pacific Fishery Management Council (Council) develops 
groundfish harvest specifications and management measures for two-year 
periods (i.e., a biennium). NMFS published the final rule to implement 
harvest specifications

[[Page 27817]]

and management measures for the 2021-2022 biennium for most species 
managed under the PCGFMP on December 11, 2020 (85 FR 79880). NMFS also 
published a correction (85 FR 86853, December 31, 2020) and a 
correcting amendment (86 FR 14379, March 16, 2021) to implement the 
Council's recommendations for the 2021-2022 harvest specifications and 
management measures.

Non-Trawl Rockfish Conservation Area Correction

    The final rule, published on December 11, 2020 (85 FR 79880), 
included a typographical error in the seaward boundary line of the Non-
Trawl Rockfish Conservation Area (RCA) south of 34[deg]27' N lat. in 
Table 2 (South) to Subpart E. The final rule mistakenly amended the 
seaward boundary of the non-trawl RCA described for the limited entry 
fixed gear fishery in a way that was inconsistent with the Council-
recommended boundaries and was also contradictory to the boundaries of 
the non-trawl RCA described in open access fishery regulations. This 
final rule will correct the seaward boundary from the boundary line 
approximating the 125 fathom (fm) depth contour to the boundary line 
approximating the 150 fm depth contour. At the April 8-9 and 12-15, 
2021 virtual meeting, the Council recommended that this correction be 
implemented quickly to resolve inconsistencies within the regulations, 
reduce confusion among members of industry, and to promote ease of 
enforcement for the boundaries of the non-trawl RCA.

Trawl Rockfish Conservation Area Correction

    The final rule also included a typographical error in the southern 
boundary line of the Trawl RCA in Table 1 (North) to part 660, subpart 
D. The final rule mistakenly amended the southern boundary of the trawl 
RCA in a way that was inconsistent with the Council-recommended 
boundaries that were established previously under Amendment 28 to the 
PCGFMP (84 FR 63966; November 19, 2019) and were not recommended for 
change through the 2021-2022 harvest specifications rulemaking. This 
final rule will correct the southern boundary from 45[deg]46' N 
latitude to 46[deg]16' N latitude, which aligns with the Washington/
Oregon border.

Salmon Troll Incidental Allowance Correction

    The final rule included a typographical error in the salmon troll 
incidental limits title in Table 3 South to Subpart F. The table in the 
final rule incorrectly referenced incidental retention of yellowtail 
and incidental retention of lingcod in the title of the section. Salmon 
trollers are not allowed to retain incidentally caught lingcod south of 
40[deg]10' N latitude, as was correctly described in the description of 
the limit. This correction of the title would address that 
inconsistency.

Other Errors in Table Readability

    This correction also republishes Table 2 North and Table 3 South as 
the final rule had a row of cut off text in each.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries (AA) finds there is good cause to waive prior notice and an 
opportunity for public comment on this action, as notice and comment 
would be unnecessary and contrary to public interest. Notice and 
comment are unnecessary and contrary to the public interest because 
this action corrects inadvertent errors related to the December 11, 
2020 final rule (85 FR 79880). Immediate correction of the errors is 
necessary to prevent confusion among participants in the fishery. To 
effectively correct the errors, the changes in this action must be 
effective upon publication as the fishery has already begun. Thus, 
there is not sufficient time for notice and comment. In addition, 
notice and comment is unnecessary because this notice makes only minor 
changes to correct inadvertent errors related to the December 11, 2020 
final rule (85 FR 79880). These corrections will not affect the results 
of analyses conducted to support management decisions in the Pacific 
Coast groundfish fishery. These corrections are consistent with the 
Council's intent for regulations and the public expects the regulations 
to be written as in the correction. No change in operating practices in 
the fishery is required.
    For the same reasons stated above, the AA has determined good cause 
exists to waive the 30-day delay in effectiveness pursuant to 5 U.S.C. 
553(d). This notice makes only minor corrections to the final rule 
which was effective January 1, 2021. Delaying effectiveness of these 
corrections would result in conflicts in the regulations and confusion 
among fishery participants. Because prior notice and an opportunity for 
public comment are not required to be provided for this rule by 5 
U.S.C. 553, or any other law, the analytical requirements of the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. 
Accordingly, no Regulatory Flexibility Analysis is required for this 
rule and none has been prepared.
    This final rule is not significant under Executive Order 12866.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, and Indian Fisheries.

    Dated: May 18, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is amended 
as follows:
BILLING CODE 3510-22-P

PART 660--FISHERIES OFF WEST COAST STATES

0
1. The authority citation for part 660 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 
U.S.C. 7001 et seq.


[[Page 27818]]



0
2. Revise Table 1 (North) to part 660, subpart D, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR24MY21.012


[[Page 27819]]



0
3. Revise Table 2 (North) to part 660, subpart E, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR24MY21.013


[[Page 27820]]



0
4. Revise Table 2 (South) to part 660, subpart E, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR24MY21.014


[[Page 27821]]



0
5. Revise Table 3 (South) to part 660, subpart F, to read as follows:
[GRAPHIC] [TIFF OMITTED] TR24MY21.015


[[Page 27822]]


[GRAPHIC] [TIFF OMITTED] TR24MY21.016

[FR Doc. 2021-10822 Filed 5-21-21; 8:45 am]
BILLING CODE 3510-22-C
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