Fisheries Off West Coast States; Modification of the West Coast Commercial Salmon Fisheries; Inseason Action #17, 34161-34162 [2021-13836]
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Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations
triggerfish portion of the reef fish
fishery; therefore, these comments are
not addressed further in this final rule.
Specific comments related to the
proposed rule and the framework action
are grouped by topic and addressed
below.
Comment 1: The commercial and
recreational catch limits for gray
triggerfish in the Gulf should remain the
same and not be increased.
Response: NMFS disagrees.
Maintaining the current ACLs and ACTs
is not consistent with the requirements
of the Magnuson-Stevens Act to
establish catch limits that achieve OY.
The previous commercial ACL of 64,100
lb (29,075 kg), the recreational ACL of
241,200 lb (109,406 kg), the commercial
ACT of 60,900 lb (27,624 kg), and the
recreational ACT of 217,100 lb (98,475
kg) have been in effect since 2013 (78
FR 27084; May 9, 2013). In 2015, the
results of SEDAR 43 found that the Gulf
gray triggerfish stock OFL and ABC
could be increased. The Council’s SSC
subsequently recommended these same
increases. However, the Council at that
time decided not to change the stock
ABC, sector ACLs, or sector ACTs. In
2020, the Council’s SSC accepted a 2020
gray triggerfish interim analysis, which
determined that abundance trends of the
Gulf gray triggerfish stock suggested an
increase in biomass that could support
additional harvest and was suitable for
providing ABC catch advice through
2023. The Council accepted the SSC’s
recommendation for an increase to the
ABC and subsequently approved revised
sector ACLs based on the current
allocation, in order to achieve OY
consistent with the requirements of the
Magnuson-Stevens Act. The Council’s
ACL/ACT control rule was used to set
new increased buffers between each
sector’s ACL and ACT to reduce the
likelihood of overfishing. Therefore,
maintaining the previous catch limits
would not serve the purpose of this rule,
which is to achieve OY while reducing
the likelihood of overfishing. The Gulf
gray triggerfish stock is not currently
overfished or undergoing overfishing as
determined by SEDAR 43, the
implementation of Amendment 44 to
the FMP (82 FR 61488; December 28,
2017), and the most recent quarterly
report on the status of the stocks.
Comment 2: The gray triggerfish
population is still being overfished and
any increases to the catch limits
increases the risks to the stock and
healthy oceans.
Response: NMFS disagrees that the
gray triggerfish population is still
overfished. In 2020, the most recent
Gulf gray triggerfish interim analysis
index of abundance trends suggested
VerDate Sep<11>2014
16:11 Jun 28, 2021
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34161
that the gray triggerfish biomass has
increased in recent years. This
additional biomass should support
additional removals from the stock as
related to the increases to the
commercial and recreational ACLs and
ACTs in this final rule. While the
interim analysis was not able to provide
a biomass estimate, the gray triggerfish
stock is not considered to be overfished
or undergoing overfishing. As described
in the framework action, the catch limit
increases in this final rule are based on
the findings of the interim analysis,
which is deemed by the Council’s SSC
as suitable for management advice and
the use of the Council’s ACL/ACT
control rule, and best available science.
Dated: June 23, 2021.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
Classification
§ 622.39
Pursuant to section 304(b)(3) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
framework action, the FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Magnuson-Stevens Act provides
the legal basis for this final rule. No
duplicative, overlapping, or conflicting
Federal rules have been identified. In
addition, no new reporting and recordkeeping requirements are introduced by
this final rule. This final rule contains
no information collection requirements
under the Paperwork Reduction Act of
1995. A description of this final rule,
why it is being considered, and the
purposes of this final rule are contained
in the preamble and in the SUMMARY
section of this final rule.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
List of Subjects in 50 CFR Part 622
Annual catch limit, Fisheries, Fishing,
Gray triggerfish, Gulf, Reef fish, Quota.
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
For the reasons set out in the
preamble, 50 CFR part 622 is amended
as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.39, revise paragraph
(a)(1)(vi) to read as follows:
■
Quotas.
*
*
*
*
*
(a) * * *
(1) * * *
(vi) Gray triggerfish—88,273 lb
(40,040 kg), round weight.
*
*
*
*
*
■ 3. In § 622.41, revise the last sentence
of paragraph (b)(1) and paragraph
(b)(2)(iii) to read as follows:
§ 622.41 Annual catch limits (ACLs),
annual catch targets (ACTs), and
accountability measures (AMs).
*
*
*
*
*
(b) * * *
(1) * * * The commercial ACL is
95,949 lb (43,522 kg), round weight.
(2) * * *
(iii) The recreational ACL for gray
triggerfish is 360,951 lb (163,725 kg),
round weight. The recreational ACT for
gray triggerfish is 274,323 lb (124,431
kg), round weight.
*
*
*
*
*
[FR Doc. 2021–13807 Filed 6–28–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 210505–0101; RTID 0648–
XB156]
Fisheries Off West Coast States;
Modification of the West Coast
Commercial Salmon Fisheries;
Inseason Action #17
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Inseason modification of 2021
management measures.
AGENCY:
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Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations
NMFS announces an inseason
action in the 2021 ocean salmon
fisheries. These inseason actions
modified the commercial salmon
fisheries in the area from the U.S./
Canada border to Cape Falcon, OR.
DATES: This inseason action became
applicable on June 3, 2021, and remains
in effect until superseded or modified.
FOR FURTHER INFORMATION CONTACT:
Peggy Mundy at 206–526–4323, Email:
peggy.mundy@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
In the 2021 annual management
measures for ocean salmon fisheries (86
FR 26425, May 14, 2021), NMFS
announced management measures for
the commercial and recreational
fisheries in the area from the U.S./
Canada border to the U.S./Mexico
border, effective from 0001 hours Pacific
Daylight Time (PDT), May 16, 2021,
until the effective date of the 2022
management measures, as published in
the Federal Register. NMFS is
authorized to implement inseason
management actions to modify fishing
seasons and quotas as necessary to
provide fishing opportunity while
meeting management objectives for the
affected species (50 CFR 660.409).
Inseason actions in the salmon fishery
may be taken directly by NMFS (50 CFR
660.409(a)—Fixed inseason
management provisions) or upon
consultation with the Chairman of the
Pacific Fishery Management Council
(Council) and the appropriate State
Directors (50 CFR 660.409(b)—Flexible
inseason management provisions).
Management of the salmon fisheries is
generally divided into two geographic
areas: North of Cape Falcon (NOF)
(U.S./Canada border to Cape Falcon,
OR), and south of Cape Falcon (Cape
Falcon, OR, to the U.S./Mexico border).
The actions described in this document
affected the NOF commercial salmon
fishery as set out under the heading.
lotter on DSK11XQN23PROD with RULES1
Inseason Action
Reason and Authorization for Inseason
Action #17
The fishery affected by the inseason
action described below was authorized
in the final rule for 2021 annual
management measures for ocean salmon
fisheries (86 FR 26425, May 14, 2021).
The 2021 annual management measures
established a May-June commercial
salmon fishery that includes subarea
quotas for the areas from the U.S./
Canada border to Queets River, WA
(5,680 Chinook salmon), and the area
VerDate Sep<11>2014
16:11 Jun 28, 2021
Jkt 253001
from Leadbetter Point, WA, to Cape
Falcon, OR (4,195 Chinook salmon).
Data for the first half of this fishery
indicate that both effort and catch are
well below preseason expectations.
Through June 2, 2021, 850 Chinook
salmon were landed in the area from the
U.S./Canada border to Queets River (15
percent of the subarea quota), and 22
Chinook salmon were landed in the area
from Leadbetter Point to Cape Falcon
(0.5 percent of the subarea quota).
The NMFS West Coast Regional
Administrator (RA) considered the
landings of Chinook salmon in the NOF
commercial salmon fishery, fishery
effort occurring to date as well as
anticipated under the proposal, quotas
set preseason, and the Chinook salmon
quota remaining. The RA determined
that the inseason action described below
was necessary to increase access to
available Chinook salmon quota and
meet management goals set preseason.
The modification of limited retention
regulations is authorized by 50 CFR
660.409(b)(1)(ii).
Consultation on this inseason action
occurred on June 3, 2021.
Representatives from NMFS,
Washington Department of Fish and
Wildlife, Oregon Department of Fish
and Wildlife, and Council staff
participated in the consultation.
Inseason Action
Inseason Action #17
Description of the action: Inseason
action #17 increased the Chinook
salmon landing limit in the May–June
non-tribal commercial ocean salmon
fishery from the U.S./Canada border to
Queets River, and from Leadbetter Point
to Cape Falcon from 75 Chinook salmon
per vessel per landing week (Thursday
through Wednesday) to 100 Chinook
salmon per vessel per landing week
(Thursday through Wednesday).
Effective dates: Inseason action #17
took effect on Thursday, June 3, 2021,
the first day of the Thursday through
Wednesday landing week, and remains
in effect until superseded. This inseason
action was announced on NMFS’
telephone hotline and U.S. Coast Guard
radio broadcast on June 3, 2021 (50 CFR
660.411(a)(2)).
All other restrictions and regulations
remain in effect as announced for the
2021 ocean salmon fisheries (86 FR
26425, May 14, 2021).
The RA determined that this inseason
action was warranted based on the best
available information on Pacific salmon
abundance forecasts and anticipated
fishery effort. The states manage the
PO 00000
Frm 00038
Fmt 4700
Sfmt 9990
fisheries in state waters adjacent to the
areas of the U.S. exclusive economic
zone consistent with these Federal
actions. As provided by the inseason
notice procedures at 50 CFR 660.411,
actual notice of the described regulatory
action was given, prior to the time the
action was effective, by telephone
hotline numbers 206–526–6667 and
800–662–9825, and by U.S. Coast Guard
Notice to Mariners broadcasts on
Channel 16 VHF–FM and 2182 kHz.
Classification
NMFS issues these actions pursuant
to section 305(d) of the MagnusonStevens Fishery Conservation and
Management Act (MSA). These actions
are authorized by 50 CFR 660.409,
which was issued pursuant to section
304(b) of the MSA, and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(3)(B),
there is good cause to waive prior notice
and an opportunity for public comment
on these actions, as notice and comment
would be impracticable and contrary to
the public interest. Prior notice and
opportunity for public comment on
these actions was impracticable because
NMFS had insufficient time to provide
for prior notice, and the opportunity for
public comment between the time
Chinook salmon abundance, catch, and
effort information was developed and
fisheries impacts were calculated, and
the time the fishery modifications had
to be implemented in order to ensure
that fisheries are managed based on the
best available scientific information. As
previously noted, actual notice of the
regulatory action was provided to
fishers through telephone hotline and
radio notification. This action complies
with the requirements of the annual
management measures for ocean salmon
fisheries (86 FR 26425, May 14, 2021),
the fishery management plan (FMP),
and regulations implementing the FMP
under 50 CFR 660.409 and 660.411.
There is good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effective date, as a delay in effectiveness
of these actions would allow fishing at
levels inconsistent with the goals of the
FMP and the current management
measures.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 24, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–13836 Filed 6–28–21; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 86, Number 122 (Tuesday, June 29, 2021)]
[Rules and Regulations]
[Pages 34161-34162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13836]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 210505-0101; RTID 0648-XB156]
Fisheries Off West Coast States; Modification of the West Coast
Commercial Salmon Fisheries; Inseason Action #17
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason modification of 2021 management measures.
-----------------------------------------------------------------------
[[Page 34162]]
SUMMARY: NMFS announces an inseason action in the 2021 ocean salmon
fisheries. These inseason actions modified the commercial salmon
fisheries in the area from the U.S./Canada border to Cape Falcon, OR.
DATES: This inseason action became applicable on June 3, 2021, and
remains in effect until superseded or modified.
FOR FURTHER INFORMATION CONTACT: Peggy Mundy at 206-526-4323, Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
In the 2021 annual management measures for ocean salmon fisheries
(86 FR 26425, May 14, 2021), NMFS announced management measures for the
commercial and recreational fisheries in the area from the U.S./Canada
border to the U.S./Mexico border, effective from 0001 hours Pacific
Daylight Time (PDT), May 16, 2021, until the effective date of the 2022
management measures, as published in the Federal Register. NMFS is
authorized to implement inseason management actions to modify fishing
seasons and quotas as necessary to provide fishing opportunity while
meeting management objectives for the affected species (50 CFR
660.409). Inseason actions in the salmon fishery may be taken directly
by NMFS (50 CFR 660.409(a)--Fixed inseason management provisions) or
upon consultation with the Chairman of the Pacific Fishery Management
Council (Council) and the appropriate State Directors (50 CFR
660.409(b)--Flexible inseason management provisions).
Management of the salmon fisheries is generally divided into two
geographic areas: North of Cape Falcon (NOF) (U.S./Canada border to
Cape Falcon, OR), and south of Cape Falcon (Cape Falcon, OR, to the
U.S./Mexico border). The actions described in this document affected
the NOF commercial salmon fishery as set out under the heading.
Inseason Action
Reason and Authorization for Inseason Action #17
The fishery affected by the inseason action described below was
authorized in the final rule for 2021 annual management measures for
ocean salmon fisheries (86 FR 26425, May 14, 2021). The 2021 annual
management measures established a May-June commercial salmon fishery
that includes subarea quotas for the areas from the U.S./Canada border
to Queets River, WA (5,680 Chinook salmon), and the area from
Leadbetter Point, WA, to Cape Falcon, OR (4,195 Chinook salmon). Data
for the first half of this fishery indicate that both effort and catch
are well below preseason expectations. Through June 2, 2021, 850
Chinook salmon were landed in the area from the U.S./Canada border to
Queets River (15 percent of the subarea quota), and 22 Chinook salmon
were landed in the area from Leadbetter Point to Cape Falcon (0.5
percent of the subarea quota).
The NMFS West Coast Regional Administrator (RA) considered the
landings of Chinook salmon in the NOF commercial salmon fishery,
fishery effort occurring to date as well as anticipated under the
proposal, quotas set preseason, and the Chinook salmon quota remaining.
The RA determined that the inseason action described below was
necessary to increase access to available Chinook salmon quota and meet
management goals set preseason. The modification of limited retention
regulations is authorized by 50 CFR 660.409(b)(1)(ii).
Consultation on this inseason action occurred on June 3, 2021.
Representatives from NMFS, Washington Department of Fish and Wildlife,
Oregon Department of Fish and Wildlife, and Council staff participated
in the consultation.
Inseason Action
Inseason Action #17
Description of the action: Inseason action #17 increased the
Chinook salmon landing limit in the May-June non-tribal commercial
ocean salmon fishery from the U.S./Canada border to Queets River, and
from Leadbetter Point to Cape Falcon from 75 Chinook salmon per vessel
per landing week (Thursday through Wednesday) to 100 Chinook salmon per
vessel per landing week (Thursday through Wednesday).
Effective dates: Inseason action #17 took effect on Thursday, June
3, 2021, the first day of the Thursday through Wednesday landing week,
and remains in effect until superseded. This inseason action was
announced on NMFS' telephone hotline and U.S. Coast Guard radio
broadcast on June 3, 2021 (50 CFR 660.411(a)(2)).
All other restrictions and regulations remain in effect as
announced for the 2021 ocean salmon fisheries (86 FR 26425, May 14,
2021).
The RA determined that this inseason action was warranted based on
the best available information on Pacific salmon abundance forecasts
and anticipated fishery effort. The states manage the fisheries in
state waters adjacent to the areas of the U.S. exclusive economic zone
consistent with these Federal actions. As provided by the inseason
notice procedures at 50 CFR 660.411, actual notice of the described
regulatory action was given, prior to the time the action was
effective, by telephone hotline numbers 206-526-6667 and 800-662-9825,
and by U.S. Coast Guard Notice to Mariners broadcasts on Channel 16
VHF-FM and 2182 kHz.
Classification
NMFS issues these actions pursuant to section 305(d) of the
Magnuson-Stevens Fishery Conservation and Management Act (MSA). These
actions are authorized by 50 CFR 660.409, which was issued pursuant to
section 304(b) of the MSA, and is exempt from review under Executive
Order 12866.
Pursuant to 5 U.S.C. 553(b)(3)(B), there is good cause to waive
prior notice and an opportunity for public comment on these actions, as
notice and comment would be impracticable and contrary to the public
interest. Prior notice and opportunity for public comment on these
actions was impracticable because NMFS had insufficient time to provide
for prior notice, and the opportunity for public comment between the
time Chinook salmon abundance, catch, and effort information was
developed and fisheries impacts were calculated, and the time the
fishery modifications had to be implemented in order to ensure that
fisheries are managed based on the best available scientific
information. As previously noted, actual notice of the regulatory
action was provided to fishers through telephone hotline and radio
notification. This action complies with the requirements of the annual
management measures for ocean salmon fisheries (86 FR 26425, May 14,
2021), the fishery management plan (FMP), and regulations implementing
the FMP under 50 CFR 660.409 and 660.411.
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effective date, as a delay in effectiveness of these actions
would allow fishing at levels inconsistent with the goals of the FMP
and the current management measures.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 24, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-13836 Filed 6-28-21; 8:45 am]
BILLING CODE 3510-22-P
