Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2021-2022 Biennial Specifications and Management Measures; Inseason Adjustments, 59876-59886 [2021-23653]

Download as PDF khammond on DSKJM1Z7X2PROD with RULES 59876 Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations October 29, 2021, until December 31, 2021, notwithstanding any other section of these regulations, permit stacking limits for limited entry permits with sablefish endorsements will be unlimited. * * * * * (4) * * * (iii) * * * (A) Emergency rule extending sablefish primary season. Effective October 29, 2021, until December 31, 2021, notwithstanding any other section of these regulations, permit stacking limits for limited entry permits with sablefish endorsements will be unlimited. (B) [Reserved] * * * * * (v) * * * (C) * * * (1) Emergency rule extending sablefish primary season. Effective October 29, 2021, until December 31, 2021, notwithstanding any other section of these regulations, the primary sablefish season described at § 660.231 is April 1 through December 31 for vessels registered to a sablefishendorsed limited entry permit using bottom longline gear, as defined at § 660.11. (2) [Reserved] * * * * * (vi) * * * (D) * * * (1) Emergency rule extending sablefish primary season. Effective October 29, 2021, until December 31, 2021, notwithstanding any other section of these regulations, the primary sablefish season described at § 660.231 is April 1 through December 31 for vessels registered to a sablefishendorsed limited entry permit using bottom longline gear, as defined at § 660.11. (2) Temporary changes in vessel registration. Effective October 29, 2021, until December 31, 2021, a change in vessel registration that causes the new vessel to exceed the permit stacking limits will expire at 11:59 p.m. on December 31, 2021. At 11:59 p.m. on December 31, 2021, NMFS will return any sablefish-endorsed limited entry permit exceeding the permit stacking limit to the original vessel. * * * * * (vii) * * * (B) * * * (1) Emergency rule extending sablefish primary season. Effective October 29, 2021, until December 31, 2021, notwithstanding any other section of these regulations, Sablefish-endorsed limited entry fixed gear permits (without MS/CV or C/P endorsements) VerDate Sep<11>2014 15:56 Oct 28, 2021 Jkt 256001 may be registered for use with a different vessel up to five times per calendar year. (2) [Reserved] * * * * * ■ 3. In § 660.213, add paragraphs (d)(2)(i) and (ii) to read as follows: § 660.213 Fixed gear fishery— recordkeeping and reporting. * * * * * (d) * * * (2) * * * (i) Emergency rule extending sablefish primary season. Effective October 29, 2021, until December 31, 2021, notwithstanding any other section of these regulations, the primary sablefish season described at § 660.231 is April 1 through December 31 for vessels registered to a sablefish-endorsed limited entry permit using bottom longline gear, as defined at § 660.11. (ii) [Reserved] * * * * * ■ 4. In § 660.231, add paragraphs (b)(1)(i) and (ii), (b)(2)(i) and (ii), (b)(3)(i)(A) and (B), and (b)(3)(iv)(A) and (B) to read as follows: § 660.231 Limited entry fixed gear sablefish primary fishery. * * * * * (b) * * * (1) * * * (i) Emergency rule extending sablefish primary season. Effective October 29, 2021, until December 31, 2021, notwithstanding any other section of these regulations, North of 36° N lat., the sablefish primary season for the limited entry, fixed gear, sablefishendorsed vessels using bottom longline gear, as defined at § 660.11, closes at 12 noon local time on December 31, or closes for an individual vessel owner when the tier limit for the sablefish endorsed permit(s) registered to the vessel has been reached, whichever is earlier, unless otherwise announced by the Regional Administrator through the routine management measures process described at § 660.60(c). (ii) [Reserved] (2) * * * (i) Emergency rule extending sablefish primary season. Effective October 29, 2021, until December 31, 2021, notwithstanding any other section of these regulations, all vessels authorized to fish in that season under paragraph (a) of this section, when fishing against primary season cumulative limits, may fish for sablefish with bottom longline gear, as defined at § 660.11, whether or not they are registered to a limited entry sablefish-endorsed permit with a longline endorsement. PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 (ii) [Reserved] (3) * * * (i) * * * (A) Emergency rule extending sablefish primary season. Under emergency measures effective October 29, 2021, until December 31, 2021, notwithstanding any other section of these regulations, an unlimited number of permits may be registered for use with a single vessel during the primary season. (B) [Reserved] * * * * * (iv) * * * (A) Emergency rule extending sablefish primary season. Under emergency measures effective October 29, 2021, until December 7, 2021, notwithstanding any other section of these regulations, vessels authorized to participate in the sablefish primary fishery, licensed by the International Pacific Halibut Commission for commercial fishing in Area 2A (waters off Washington, Oregon, California), and fishing with longline gear north of Pt. Chehalis, WA (46°53.30′ N lat.) may possess and land up to 225 pounds (113 kg) dressed weight of Pacific halibut for every 1,000 pounds (454 kg) dressed weight of sablefish landed and up to two additional Pacific halibut in excess of the 225-pounds-per-1,000-pound limit per landing. Pacific halibut taken and retained in the sablefish primary fishery north of Pt. Chehalis may only be landed north of Pt. Chehalis and may not be possessed or landed south of Pt. Chehalis. (B) [Reserved] * * * * * [FR Doc. 2021–23650 Filed 10–28–21; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 201204–0325] RIN 0648–BK95 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2021–2022 Biennial Specifications and Management Measures; Inseason Adjustments National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. AGENCY: E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations Final rule; inseason adjustments to biennial groundfish management measures. ACTION: This final rule announces routine inseason adjustments to management measures in commercial groundfish fisheries. This action is intended to allow commercial fishing vessels to access more abundant groundfish stocks while protecting rebuilding and depleted stocks. DATES: This final rule is effective October 26, 2021. FOR FURTHER INFORMATION CONTACT: Sean Matson, email: sean.matson@ noaa.gov. SUMMARY: ADDRESSES: Electronic Access This rule is accessible via the internet at the Office of the Federal Register website at https://www.federal register.gov. Background information and documents are available at the Pacific Fishery Management Council’s website at https://www.pcouncil.org/. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with RULES 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 2 year periods (i.e., a biennium). NMFS published the final rule to implement harvest specifications and management measures for the 2021–2022 biennium for most species managed under the PCGFMP on December 11, 2020 (85 FR 79880). In general, the management measures set at the start of the biennial harvest specifications cycle help the various sectors of the fishery attain, but not exceed, the catch limits for each stock. The Council, in coordination with Pacific Coast Treaty Indian Tribes and the States of Washington, Oregon, and California, recommends adjustments to the management measures during the fishing year to achieve this goal. At its meeting on September 9–15, 2021, the Council recommended increasing trip limits for the Limited Entry (LE) and Open Access (OA) Fixed Gear (FG) sablefish, Daily Trip Limit (DTL) fisheries north of 36° N latitude. The Council also recommended increasing trip limits for the fixed gear lingcod fishery, north of 42° N latitude VerDate Sep<11>2014 15:56 Oct 28, 2021 Jkt 256001 (LE and OA), beginning as soon as possible, for the remainder of the 2021 fishing year and for subsequent September–December periods in later years until superseded. Pacific Coast groundfish fisheries are managed using harvest specifications or limits (e.g., overfishing limits [OFL], acceptable biological catch [ABC], annual catch limits [ACL] and harvest guidelines [HG]) recommended biennially by the Council and based on the best scientific information available at that time (50 CFR 660.60(b)). During development of the harvest specifications, the Council also recommends management measures (e.g., trip limits, area closures, and bag limits) that are meant to manage catch so as not to exceed the harvest specifications. The harvest specifications and management measures developed for the 2021–2022 biennium used data through the 2020fishing year. Each of the adjustments to management measures discussed below are based on updated fisheries information that was unavailable when the analysis for the current harvest specifications was completed. As new fisheries data becomes available, projected impacts of management measures are updated, and the management measures themselves may need to be adjusted so as to help harvesters achieve but not exceed the harvest limits. Sablefish is an important commercial species on the West Coast, targeted by vessels using both bottom trawl and fixed gear (longlines and pots/traps). The sablefish stock is managed with a coast-wide OFL and ABC, but with separate ACLs, north and south of 36° N latitude. In 2021, the ACL for sablefish north of 36° N latitude is 6,892 metric tons (mt) with a fishery HG of 6,165 mt. The fishery HG north of 36° N latitude is further divided between the LE FG and OA sectors with 90.6 percent, or 5,586 mt, going to the LE sector and 9.4 percent, or 580 mt, going to the OA sector. The LE share is divided so that 58 percent goes to trawl and 42 percent goes to FG. The LE FG share is further divided between the sablefish primary (tier) fishery (85% or 1,994 mt) and the daily trip limit (DTL) fisheries (15% or 352 mt), as shown in Table 1c. to Title 50, part 660, subpart C of the CFR. The sablefish DTL fisheries are individually managed using landing targets (Table 1), which have accounted for discard mortality a priori, by subtracting 4.5 percent from the DTL catch share. This same method of accounting for discard mortality to calculate the landing target is also used PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 59877 in managing the OA sablefish DTL fishery, north of 36° N latitude (Table 1). Lingcod is another important commercial species on the West Coast, and like sablefish, caught by vessels with both trawl and fixed gear (longlines and pots/traps). The lingcod stock is managed separately north and south of 40°10′ N latitude, with a northern ACL of 5,369 mt in 2021, a fishery HG of 5,090.6 mt, and a northern trawl fixed gear allocation of 2,290.8, or 45 percent of the HG, and a northern non-trawl allocation of 2,799.8, or 55 percent. Lingcod north of 40°10′ N latitude are additionally managed north and south of 42° N latitude, typically with different trip limits set north and south of that management line. Request, Analysis, and Council Recommendation At the September 2021 Council meeting, the Council’s Groundfish Management Team (GMT) received requests from industry members and members of the Council’s Groundfish Advisory Subpanel to examine the potential to increase sablefish trips limits for the fixed gear, LE and OA DTL fisheries north of 36° N lat., and to increase trip limits for lingcod north of 42° N latitude. The intent of increasing the sablefish limits is to increase harvest opportunities for vessels targeting sablefish, under a mix of daily, weekly, and bimonthly landings accumulation limits (commonly referred to collectively as ‘‘trip limits’’); attainment of harvest targets for each DTL fishery, and the northern fixed gear HG for sablefish have been trending much lower than anticipated throughout 2021. To evaluate potential increases to sablefish trip limits, the GMT made model-based projections of landings under current regulations, as well as alternative sablefish trip limits, including the limits ultimately recommended by the Council, through the remainder of the year. Table 1 shows the projected sablefish landings, the sablefish harvest targets, and the projected attainment percentage by fishery under both the current trip limits and the Council’s recommended adjusted trip limits. These projections were based on the most recent catch information available through early September 2021. Industry did not request changes to sablefish trip limits for the LE or OA DTL fisheries south of 36° N latitude. Therefore, NMFS and the Council did not consider changes for those fisheries at this time. As shown in Table 1, under the current trip limits, models predict that landings of sablefish will be far below the harvest targets for LE, and OA fixed E:\FR\FM\29OCR1.SGM 29OCR1 59878 Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations gear sablefish DTL fisheries north of 36° N lat. Under the Council’s recommended trip limits, sablefish attainment is projected to increase in the LE DTL fishery north of 36° N latitude, from between 54–59 percent attainment, up to between 86 and 95 percent. For the OA DTL fishery, north of 36° N latitude, the projected gains are more modest (from between 53 and 60 percent attainment, to between 57 and 66 percent); however, the OA model is more uncertain and less well informed than the LE model, the changes (both to LE and OA) should allow some beneficial increase in attainment, while being sufficiently precautionary. Gear Restriction Necessary To Implement Council Recommended Trip Limits khammond on DSKJM1Z7X2PROD with RULES These fixed gear, sablefish and lingcod fisheries include vessels fishing with both hook-and-line and pot gears. West Coast groundfish sablefish pot gear fisheries are considered Category II fisheries under the Marine Mammal Protection Act List of Fisheries, indicating occasional interactions with marine mammals, due to occasional incidental mortality and serious injury to ESA-listed humpback whales (the CA/OR/WA stock of humpback whales). Because sablefish pot gear fisheries are Category II fisheries, NMFS is required to issue a MMPA 101(a)(5)(E) permit for the taking of marine mammals after making a negligible impact determination (NID). NMFS issued a permit for the sablefish pot gear fisheries on September 4, 2013 (amended April 23, 2015 (80 FR 22709)), which expired on September 4, 2016 (78 FR 54553). NMFS published a VerDate Sep<11>2014 15:56 Oct 28, 2021 Jkt 256001 notice of proposed issuance of a MMPA 101(a)(5)(E) permit and proposed NID on October 22, 2021 (86 FR 58641). Due to lack of a final 101(a)(5)(E) permit, in this action NMFS is only implementing the inseason increases to trip limits for those vessels using nonpot/trap, fixed gears (e.g., longline and other hook-and-line gears), in the LE and OA FG sablefish, DTL fisheries north of 36° N latitude, as well as the fixed gear lingcod fishery, north of 42° N latitude (LE and OA). Pot/trap gear cannot be used in the affected sectors to land up to the higher September through December trip limits for sablefish or lingcod, and vessels using pot/trap gear are instead subject to the lower January through August limits. Gear restrictions are common routine accountability measures (AMs) in groundfish fisheries (50 CFR 660.60). Additionally, analogous restrictions for vessels to adhere to the lower of two trip limits, in situations of mixed limits for one species during the same period exist in crossover provisions in the groundfish fishery, found at 50 CFR 660.60(h)(7). Crossover provisions normally apply to three activities: Fishing on different sides of a management line, fishing in both the limited entry and open access fisheries, or fishing in both the Shorebased IFQ Program and the limited entry fixed gear fishery. Under the most common scenario, crossover provisions hold a vessel that fishes in areas with two different trip limits for the same species, to the more restrictive of the two limits. The gear specific trip limits implemented through this rule will be managed similar to cross-over provisions. PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 Providing the trip limit increases with the additional gear restriction still enables substantial additional opportunity as a result of this action for those fishery participants who use longline and other non-pot gear, although it may cause some reduction in benefit versus without the gear restriction. The percentage contributions of pot/trap versus longline gear types to landings over the past five years provides some information about an upper bounds of potential reduction in benefit due to the gear restriction on access to the higher trip limits. Among fixed gear fisheries, in the LE DTL fishery north of 36° N lat., pot gear only accounted for 6.8 percent of sablefish landings from 2016–2020 (some permits are dual-endorsed, for both gear types), while in the OA DTL fishery north of 36° N lat., pot gear accounted for 46 percent of sablefish landings. Just 22 percent of lingcod fixed gear landings (mt) were made using pot gear over the same years in the DTL fishery, while 78 percent were made with longline gear. In the FG OA fishery, only 0.6 percent of lingcod landings were made with pot gear, and 99.4 percent with longline gear. Given these gear distributions for landings in the affected sectors, the GMT’s analysis from the September meeting is still valid for this inseason action, even though it was conducted using data that included pot gear as well as longline, and trace amounts of other fixed gears. Thus for both species, the majority of landings overall will be subject to the increased trip limits, and this will provide substantial additional opportunity, despite the gear restriction. E:\FR\FM\29OCR1.SGM 29OCR1 Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations 59879 Table 1 -- Projected landings of sablefish, north of 36° N. lat., sablefish harvest target, and projected percentage of sablefish attained through the end of 2021 by fishery and trip limit. Fishery LEFG DTL North of 36° N. lat. OAFG DTL North of 36° N. lat. Landing Target (mt) Projected Landings (mt) Trip Limits 180-197 Current: 1,700 lb (771 kg)/week, not to exceed 5,100 lb (2,313 kg)/two months Recommended: 4,500 lb (2,041 kg)/week, not to exceed 9,000 lb (4,082 kg)/two months 290-320 Current: 600 lb (272 kg)/day, or 1 landing per week ofup to 2,000 lb (907 kg), not to exceed 4,000 lb (1,814 kg)/two months 291-331 Recommended: 600 lb (272 kg), or 1 landing per week ofup to 3,000 lb (1,361 kg), not to exceed 6,000 lb (2,722 kg)/ two months 315-363 54-59 336 86-95 53-60 553 the projected impacts of those limits to total mortality, and percent attainment of the non-trawl allocation, north of 40° 10′ N latitude. Projected impacts to total fishing mortality are nearly identical, and well within the margin for error, but based on the analysis by the GMT, the higher landing limits are predicted to convert lost fish as discard, into The Council also recommended changes to trip limits for lingcod north of 42° N latitude, after request from industry and analysis by the GMT, in order to reduce regulatory discard, which results in waste and lost revenue. Table 2 shows the current and recommended trip limits for lingcod north of 42° N latitude. Table 3 shows Projected Attainment (Percent) 57-66 landings and revenue, rather than inspire additional effort. By maintaining the same level of effort, and total fishing mortality, this increase in trip limits is not predicted to increase bycatch of yelloweye rockfish, which is managed under a rebuilding plan, and is a constraint to this fixed gear lingcod attainment. Table 2 -- Current and recommended trip limits for lingcod north of 42° N. latitude. Option Fishery Area Trip limit LE N. of 42° N. lat. 4,000 lb (1,814 kg)/ 2 months OA N. of 42° N. lat. 2,000 lb (907 kg) / month LE N. of 42° N. lat. 5,000 lb (2,268 kg)/ 2 months OA N. of 42° N. lat. 2,500 lb (1,134 kg)/ month Current ER29OC21.010</GPH> VerDate Sep<11>2014 15:56 Oct 28, 2021 Jkt 256001 PO 00000 Frm 00041 Fmt 4700 Sfmt 4725 E:\FR\FM\29OCR1.SGM 29OCR1 ER29OC21.009</GPH> khammond on DSKJM1Z7X2PROD with RULES Recommended 59880 Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations Table 3 -- Projected impacts for current and recommended trip limits, compared to the non-trawl allocation for lingcod north of 42° N. latitude. Option Current Recommended Mortality Estimate (mt) Fishery Area LE 31.8 North of 42°N lat. OA LE OA Summary of Changes Trip limit increases for sablefish are intended to increase attainment of the LE and OA DTL fisheries, which each contribute to attainment of the nontrawl HG for sablefish north of 36° N latitude. The trip limit increases do not change projected impacts to cooccurring rebuilding species as analyzed in the 2021–2022 harvest specifications LE+ OA (mt) Non-Trawl Allocation (mt) Attainment of Allocation (Percent) 131.4 2,799.8 4.7% 132.8 2,799.8 4.7% 99.6 32.7 100.2 because the projected impacts to those species assume that the entire sablefish ACL is harvested. Recommended increases to lingcod north of 42° N latitude are intended to convert regulatory discards into landings and associated revenue, and are not predicted to increase effort or bycatch of co-occurring rebuilding species. NMFS is only implementing the Councilrecommended trip limits for vessels fishing with fixed gear types other than pot/trap, due to the lack of a final MMPA101(a)(5)(E) permit. Therefore, the Council recommended, and NMFS is implementing, by modifying Table 2, North and South to part 660, subpart E, trip limit changes for the LEFG fishery north of 40°10′ N lat., as well as Table 3, North and South to part 660, subpart F to increase the limits as shown in tables 4 and 5 in this rule. Table 4 -Trip limits by gear type for sablefish North of 36° N. Latitude for the remainder of 2021 and September-December periods thereafter until superseded. Non-pot ~ear Pot ~ear 4,500 lb (2,041 kg)/week, not 1,700 lb (771 kg)/week, not to to exceed 9,000 lb (4,082 exceed 5,100 lb (2,313 kg)/two months kg)/two months 600 lb (272 kg), or 1 landing 600 lb (272 kg)/day, or 1 per week of up to 3,000 lb landing per week of up to (1,361 kg), not to exceed 2,000 lb (907 kg), not to 6,000 lb (2,722 kg)/ two exceed 4,000 lb (1,814 kg)/two months months LEFG OA Table 5 - Trip limits by gear type for lingcod North of 42° N. latitude for the remainder of 2021 and September-December periods thereafter until superseded. Classification This final rule makes routine inseason adjustments to groundfish fishery management measures, based on the best scientific information available, consistent with the PCGFMP and its implementing regulations. VerDate Sep<11>2014 15:56 Oct 28, 2021 Jkt 256001 This action is taken under the authority of 50 CFR 660.60(c) and is exempt from review under Executive Order 12866. The aggregate data upon which these actions are based are available for public inspection by contacting Dr. Sean Matson in the West Coast Region (see PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 FOR FURTHER INFORMATION CONTACT, above), or view at the NMFS West Coast Groundfish website: https:// www.westcoast.fisheries.noaa.gov/ fisheries/groundfish/. Pursuant to 5 U.S.C. 553(b), NMFS finds good cause to waive prior public notice and an opportunity for public E:\FR\FM\29OCR1.SGM 29OCR1 ER29OC21.012</GPH> ER29OC21.013</GPH> khammond on DSKJM1Z7X2PROD with RULES OA Pot ER29OC21.011</GPH> Non5,00 2,500 LEFG Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES comment on this action, as notice and comment would be impracticable and contrary to the public interest. The adjustments to management measures in this document increase trip limits for fisheries off of Washington, Oregon, and California to allow for greater attainment of allocations. No aspect of this action is controversial, and changes of this nature were anticipated in the final rule for the 2021–2022 harvest specifications and management measures which published on December 11, 2020 (85 FR 79880). As stated earlier, the Council recommended sablefish limit changes to increase fisher opportunity to attain harvest targets and allocations for their respective fisheries, and contribute to attainment of the ACL. New information became available at the September 2021 meeting showing that harvest was tracking much lower than projections made during the harvest specifications process due to changing fishery conditions. The updated trip limits being implemented in this rule are anticipated to increase landings and fishing community revenue, while maintaining harvest within scientifically informed conservation limits, concomitant with the goals of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson Stevens Act). The Council recommended increased lingcod landing limits to reduce VerDate Sep<11>2014 15:56 Oct 28, 2021 Jkt 256001 regulatory discard; new information became available at the 2021 September meeting indicating that current levels of landing limits were having the unintended consequence of causing fishers to discard substantial amounts of catch. Implementing the recommended trip limits is projected to ameliorate this, without changing attainment rate of the allocation, by enabling those fish to be landed rather than wasted, and produce fisher and community revenue. Delaying implementation to allow for public comment would reduce the economic benefits to the commercial fishing industry and the businesses that rely on that industry because it is unlikely the new regulations would publish and could be implemented before the end of the calendar year. Therefore, providing a comment period for this action could significantly limit the economic benefits to the fishery, and would hamper the achievement of optimum yield from the affected fisheries. Therefore, NMFS finds reason to waive the 30-day delay in effectiveness pursuant to 5 U.S.C. 553(d)(1) so that this final rule may become effective upon publication in the Federal Register. The adjustments to management measures in this document affect commercial fisheries by increasing opportunity and relieving participants of the lower trip limits in light of information showing lower than PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 59881 usual attainment. These adjustments were requested by the Council’s advisory bodies, as well as members of industry during the September 2021 meeting, and recommended unanimously by the Council. No aspect of this action is controversial, and changes of this nature were anticipated in the biennial harvest specifications and management measures established through a notice and comment rulemaking for 2021–2022 (85 FR 79880). List of Subjects in 50 CFR Part 660 Fisheries, Fishing, Indian fisheries. Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq. Dated: October 26, 2021. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 660 is amended as follows: 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. 2. Revise Table 2 (North) to part 660, subpart E, to read as follows: ■ BILLING CODE 3510–22–P E:\FR\FM\29OCR1.SGM 29OCR1 59882 Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations Table 2 fNorthl to Part 660. Subuart E - Non-Trawl Rockflsh Cons81Vatlon Areas and Trlu Limits for Limited Entn, Fixed Gaar North of 411°10' N. lat. Other li'nits and reauirements annlv-- Read &&R.n.10 throuah 660.399 before usina this table 1oni2021 IA~L&:1:1:1 D ..wi.,1,- I UAC.ACC I I 1111.AII~ I ~i::c.n~T I Nnv.ni::I' shoreline • 100 fm In e11 AO fm inA 11 • 100 fm lina11 30 fm line 11- 40 fm line Ill/ North of 46'16' N. lat j UAV. llltJ A, .... tDf'A\11, J. 46°16' N. lat • 40°1 O' N. lat _q See §§660.60 and 660.230 for addltlonal gear, trip lmlt and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76-660.79 for cons81Vatlon area descriptions and coordinates Pncludlng RCAs, YRCAs, CCAs, Farallon lslande, Cordell Banks, and EFHCAs). State triD limits and seasons mav be more restrictive than Federal triD limits or seasons Darticularlv in waters off Orea on and California. Minor Slope Rockflsh31 & Derkblotched 4 rn..wtc,h a.rm lb/2 month -:i i::nn lh/? -ftMlh ' ID-in .. M_.. 14.500 lb/week, not to exceed 9,000 lb/ 6 Sableflsh 1,700 lb..week, notto exceed 5,1 00 lb/ 2 months 2 months ft-- & Hlg her Sep-Dec sablefls h trip llmlts do not app~ to pot/trap gear. Sept-Dec landings wl1h potArap gear are subject to the lower Jan-Aug llmlts. . 7 II----•-- 8 Shortsulne thomvhead 9 Dover sole, arrowto oth flounder, patrale 2 -J! tsole, English sole, starry flounder, Other 10ffi0 b/2 months I mo bl 2 months 2 "1TI lb/ 2 months 10,000 lb/ month I'll 1nnm lh/trin AfYl lh/-ftMtl, 200 lb I month '., 131111-............ - 14 Shortbellv Rockfls h -,h 1' 16 IV ellowtall rockflsh 11 r ......,,..,.W1o,1, - - Cl 3 000 lb/ month -:i mn lh/? - .. ...i.e CLOSED .ft..w,,.1, n--ftM 20 North of 42"00' N. lat. 21 22 23 4? nn· N '"' • 4n m· N 1..1 •·----.ill ""' -z .. - A nnn 11./"l-A..+I. 18 Yel......,_ rockflsh 19 IIIIMft• •• t. rA )o = r- 11 l:lodfh,h41W 12 Whlfln11 -t :I' t.t-i. .ft..wi..t. "1 5,000 lb/2 months, no more than 1,200 lb of which may be species other than black rockfish or blue/deacon rockfish41 7 000 lb/2 months no more than 2 000 lb of which mav be soecies other than black rockfish North of 42"00' N. lat. I 4 nm lb/ 2 months 5 000 lb/ 2 months Higher Sep-Dec llngcod trip lmlts do not apply to potArap gear. Sept-Dec landings wl1h potArap gear are subject to the lower Jan-Aug llmlts. 24 4?nn• N '"' • 4n m• N '"' 2, Pacific cod 200 ,000 lb / 2 months 26 Spiny dogfish 21 I ft&HM-AC,lt"'• 28 nfh- c1.o1o71& r.i.-AM In f',oll'nrnl• I 2. 000 lb!.l months 1000 lb/2 months 150,000 lb /2 months Unlimited Unlimited Unlimited Unlimited I 100,000 lb / 2 months - • G,-11n11 29 n.-nn 30 Bia skate 11 The Rock Id! Conservation Mia ls an area cloa,d to ldlng by plll'llculer gear types, bounded by Ines speclblly de1ned by lelllude and longitude coordll'lllles nl 014 at SS 860 .71-860 .74. This RCA Is not de1ned by depth coliOurs (Wlh the eiaptlon of the 20-tn depth coriour boundary south of 42 •N. lat.). and the boundary lines that cle1ne the RCA may closnreas that are deeper or shallov.er than the depth coriOU'. Vessels that eresubjectto RCA reslrlc:llons may nol 1dl n the RCA, or operate n the RCA 1or any puipose other than transiting. 2/ Betwt111 ...16' N. I•. _,d 40"10' N. I•. _,d lhe JO fm _,d 411 fm llnu, fbhl111 Is ant, 1llaw1d with haak-.,d-Hno 11• ue191 battam lanslnt _,d dfnlltb•1ur, ■ dell nod In §660.11 31 Bocaeelo, chllpepper and cow::od ere Included n the~ lmlls 1or Mnor Shell Rockfsh and spltnose rocktdl Is Included n the~ lmlls 1or Mnor Slope Rockfsh. 41 '0lher1atfsh" n de1ned at S860.11 and ndude butler sole, curttn sole, 1athead sole, Pacltc sanddab, rexsole, rock sole, and •nd sole. 51 For bll!ldc rockfsh north ofCepe .olava (48'09.SO'N. latJ, and bet--. Destruction Is. (47'40' N. lat.)and Leadbetter Pri. lhere lsan adcltlonal Iott of100 b or30 percent by l/llllgh! ofall fdl on board, W'llchever Is greater, per vessel, per fshlng ~ .(48'38.17' N. lat.). 61 Themninum size lint tr lngcod Is 22 nches (56 an)kllal length Nollh 0142' N. lat. and 24 lnc:hes(61 cm)tolal length Souh of42' N.1111. 71 '0ther Fldl' are de1ned at S860 .11 and Include kelp g1991'llng off Cllllbnla and leopard shark. 81 LE FO 't9SSels ere 11110'1\ed to fsh Inside g1011nd1ah conseMllon areas using hook and lne only. Seesedlon 860.230 (d) of the regullllllons 1or more Inm allon. 3. Revise Table 2 (South) to part 660, subpart E, to read as follows: VerDate Sep<11>2014 15:56 Oct 28, 2021 Jkt 256001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 ER29OC21.014</GPH> khammond on DSKJM1Z7X2PROD with RULES ■ 59883 Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations Table 2 (South) to Part 660, Subpart E - Non-Trawl Rockftsh Consen,alon Areas and Trip Units for Limited Entiy Fixed Gear South of 40°10' N. , •• ;~.;;~ """' ""nil •• 1:1"""' ~ IRM.10 thrn1nh RM .IAM.<aa;;R .. g.,-....- hdnro 11dnn thic, t.ihlo ':IQQ I - • ~ Ann I 10'71:lf 21 I 11av•. ■ w . ■ 11.Allr. "'"'o_n....-. I I oanv.n.:c .A ..... n:ira, 1~ f 40°1 O' N. lat.• 38"57.5' N. lat. • 38"57.5' N. lat. •34"2T N. lat . .1 South of 34 "27• N. lat. 100 fm llne11 - 40fmllne11 - 125fmllne11 50fmllne11 - 125fmllne11 150 fm lne11 (also Annles around lslandsl sea ff860.60 and 660.230for atdtlonal gear, trip llnlt and conavation area niqlllramarts and restrictions. sea ff880.70-860.74 md 1§6611.76-6&1.19 for mnservalon area descriptions and coordlnaes (lncludng RCAs, YRCAs, CCAs, Farallon lslmds, Cordell Bmks, and EFHCAS). State trlD lmlts and seasons mai be more restrictive than FederaltrtD lmls or season" Derllcularlt' In waters off Oreaon and ca1rorn1a. . ..tn m..- lbl 2 ..,.,.,.,... rtt ,....,., nD mnro th"" R nnn lb """' II& ""'""'" ,,.,. "''"" -- f , - - · - - - - - · · 11. " e Sllbleflsh An 1, 700 lbl#eek, mt to EIICC eed 5, 100 lbl 2 months 40°1 O' N. lat· 36°00' N. lat. 7 nnn lbl 2 .,,,,,...,., I 4.500 lb/Week, notto exceed 9,000 It»' 2 months Higher Sep-Dec sableflsh trip lmlts do not q:,plyto potArap gear. Sept-Dec landings with potArap gear 11"8 subject to the lower Jan-Aug limits. Rn, lh d 31!° 00' N. lot 8 2 500 lbl week 1nnnn11,17...,...,.,., !l II 10 11 12 .!! Short11nlneth040"10' N. lal. • 34"2T N. lat. South of 34·2r N. lat. Dover sole, arrowtoothflounder, petrale I 3 000 lb/ 2 months 2 000 lb/ 2 months ..........., J.! sole, Englsh sole, stanyflounder, other ~ f(I 111 20 21 22 23 21 ~ N I> nnn lh f? .,,,,..,..., nl""11oh nn-•• t h - 1:nn lh - 31 40°1 O' N. lat• 34°2T N. lat. Sol.th or 34"2r N. lat. 10 000 lb. I 2 monthS 8. 000 lb. 12 months 40°1 O' N. lat· 34'2r N. lat. Sol.th or 34"2r N. lat. 1nnnn1h , , ........... ..., Ill Cl C: ...:r... 8. 000 lb. I 2 months Sho........., Rockflsh r _ __,..,.....,_ Rn11th of 40"1 O' N lot ?nnlblmMth <em Cowcod eron-tta1 rockflsh "nn lbl 2 mMffl!t CLOSED CLOSED CLOSED ., nnn lhl? MMth<> Minor Nearshore Rockflsh 34 Shallow nearshore11 n .....,.,.n..,r<>hnroill" 2 000 lb/ 2 months 2 ooo lb/ 2 months <l"nnlb/2 .....,..,., 1 600 lb / 2 months .'/Ml 31 1, ... __.11 .... ................. , • nnnlhf?_., Spll'llf dogfish 11---.......... "" f1 lnt"-ca.,1-71& r,.,_..., In 42 - ChllmlnnAr 36 39 u_,,.,,,_ 5.000 lb.I2 months or Which no more then 3.0001b. mav bevermllon Rn1lh d 34°27' N. lot 32 33 h> -ow 211 ~ e 1 - rockflsh 30 m 10 000 lbllrtD 4n"1 fHJ l..t • '-14°27' N ,., 2f 2ll 26 ,.... CD I"" 10,000 lbl month 1s -11na 1, , - - . - 18 2 500 lbl 2 monthS 200. 000 lbl 2 monthS I 150,000 lbl 2 mnnlh<> I ,...,......... 100,000 lb/ 2 months . --- Llnllmited , ,......... Bin Skate 11 Th• Rockfsh Cons11Vllion AIH Is an na olosod to fshlng by particular g•• twu, boundod by lnu sptolfcall,- ddnod by latiudo and longitude ooordln- set out .at§§ 880.71-1180.74. This RCA Is not detnod by doplh contours (wllhlh• .,.,option oltho 20-tn depth contour boundary• outh ot42° N. I.al.), a,d tho bound1,y lnu that dlfinolho RCA m• oloso •re• that•• dtoptr orshalowtr than tho doplh contour. V-•ls that •uubjtolto RCA rostrlollo,. m• nottsh In tho RCA. or operate In tho RCA for my purpose other Iha, transllna. 21 POP is lnoludod In lheltfp llrnlls ior Minor Slope Rock11sh. Blackall roolcfsh h.,.. upoolos s1>1olfo trip sub-llrnlwllhln the Minor Slope Rod<flsh cumulat... 11ml. Yolkwtall rookfish •• Included In tho trip llrnlls tor Minor Sholl Rock11sh. Bronzospotled roolcfsh have I speolu speolllo trip 11ml. 3/'0lher Flatfsh" 111 dofined .al!ii 880.11 and lnoludo butlersolo, oulltn solo, flllhoadsolo, Pulllosandd.ab, ,.,.solo, rock solo, a,d und solt. 41 "S hll.,. Nu,sho,.- •• dItnod at§ 880.11 undor "Ground11s h" (7XIX8)(1). 151 '0 oopor N111Sho..- 111 dofinod al§ 880.11 under "G roundfish" (7)(0(BX2). Ill Tho oomm1rolal mlmlmum sin llmtfor lngood Is 24 lnohu (01 orn)total longth South of 42° N. lat. 7/'0lher Fish" are dlfinod at!ii 880.11 a,d lnoludokeiJ> areonlna off Calllornla ind loopard shalk. 81 LEFG .......11 ,,. .a.... d to fish Inside groundflsh oonsenratlon are• using hock and In• onty. SH seotion 880.230 (d) olthe reoulatlons ior more Information. 4. Revise Table 3 (North) to part 660, subpart F, to read as follows: VerDate Sep<11>2014 15:56 Oct 28, 2021 Jkt 256001 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 ER29OC21.015</GPH> khammond on DSKJM1Z7X2PROD with RULES ■ 59884 Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations Table3 (NCJrtttto Part-. Sdlpart F •• Non-TrM Rocldhlh C - t o n Alaeend Tllp Llmls for Open AcceNGeve North di 48°10' N. kit. other limits and requirements apply- Reed §5660.10 through 660 .399 before umg this table tau ccn I IIHD.ADD I 10ff/2021 uav. nm I 1111 &II" I UD.nrT I uAV nc,- ~c-...tlon--(RCA)": f INorth ol 46°18' N.1111. shordlne-1001n lne 11 401n Hne 11 -1001n line" I ~•18' N. lat. -40°10' N. lat. I -- - "· 41] fin•-"" SN ........ 188.338 end8811.333for eddtlonel a-, tllp llmlt endc.......UOO- niqulrenmtsend l'IIMllctlon& SN11861.,'11-881.74end HH8,78-88L78 for-ltlon- clwrlptlamlend -dlnatN(lnclUdqi RCAe, YRCAe, CCAe, Fllllllan lllendtl, Conlell Blink, endEFHCM>,, 4 Minar Slope Rocldlllh" & DarldllGtched 2,000 lb Im cnhs rocldltlh 5 l'eclflc _ _.. 100lblmcnh 600 lb/day, or 1 ~ up to 2,000 lb, not to meed 4,000 lb 12 mordhs I 6001b.tfll't',01'1 landMeekupto3.000 lb, not to ecceed 6,000 lb 12 mordhs Higher Sep-Dec ll8bleflah1rlp lllrit8 do nd: epplyto potltnlp gmr. Sept-Dec landng9 with pot/tnlp a- ere subject tothelc,.., Jen-Augllmt& • • I.L IIGHl'a,le,erroNOOllflomder,petrale lil. a,le, Englhlh a,le, llleny flauncl.-, 01her 5.000 lb/ monlh 11"'•~""' 12- 300lblmcnh ., f.'1--D., 1••~1lll:,/. ..... _..... • .,,,., lb smonm Ifs "" !,!f;lp~i.Sllli-llDBJ'-~1111111L-------+---------------,-1~1111~lhl·llllol--LIIIL----------------I= 17 ,.._............, 1 nnna.,.,___ I'" ··- IOCldllh 18 . CLOSED ,.._ "' ................ ,.,........... ft'Wllllllaillt 20 Nolthof42"00'N. lat. 5,000lb/2 mcnths,nomorethlln 1,200 lb of WIich maybespeclesdherthanblackrodttshor blue/dellccn rocldsh" ... l-,,2-,-ff------4=2,••m'"-""'•111.,.-,-l.t-,-•..,.,,,,0••"""10'-,-IIIW,-,-t,------,7,-,nnn=.,,...,1b/.,.2'_ _ ..,,.---...,__ ___-,-......,-.,._,=nnn'*'1,-h-,-ft4........,.,.,..-,-__-,-.,_-__,--,--_-,....._-,--,,-,._,---,,hl-,-....,,-............ ,-,-,------IS f: ~ -:- 1 -,--~---"'i,.lll,U:S..lilla..:.:ll,l,.LloU>Lwlluf-----J'-<16!lol.lll/..6..IIIIIUILlilo.J.IILLII.IU..IUlill.l.6,lll61.1&.ltl.ll!UllooU.1£UIIX.IIIB.:111121<15iit.llllJ5!1.JUillLIAllll6.JJ&LI.WIU...----I 22 :23:~::::::::::::::~. = :-:~0:f•~•~:t·:w:~111:w;~~===:::::::::::::::2;;ooo;~lbl;:m;onlh~~===================•:::::::~2;500~~;lbl:m:onlh~;::::::~; Higher Sep-Dec llngcodtllp llmltedonot 811)1yto ~epgmr. Sept-Dec lendlngeNth potltnlp a-ere--ttothelawa' Jen.Aug llmlt& 1 nnn lb/ 2 mordhs 25 ........... cod 200.000 lb/ 2 mordhs 2G $piny doglleh ,,. 100.000 lb/ 2 mordhs 11..iM1o1 ►.-. l.'11.1!~- 3f !IALMON 32 TROU. ,,,,,_toRCAswl/6r1r«a-11l,.,,,.,,ill11ofM-.. .-.~ exceJJtfor.,,..,wtlllrodrflsll1111d- 11&rhscl'IIIH/bebwl S/liriori tnilffll fflll';I r«am 1111d 11111d up to ,00 lbofy1titlltrlRll10Cl/ff$//ptN mo/Ith 11$ bf/g 11$ Hiriori ill Oii bollrd, both wthtl 1111douta/!Jlt ottM RCA. S/lirioll ,,,,,,,,. fflll';I mam 1111d 11111d up to 1 lfrigcodfi'" 2 ChfrloollfHll'lrj,, pw 1 lfrigcod ptll't,j,. up to lltrj, lfmtof10 .lllgca( Ofl lltrj,W~ IIWjfishif/gOCCUl'tlWthtl ti/It RCA. n. lfllg®d lfmt 0/1¥/lppl/tS durillg lillH WMfl lillgcod l'lttltlltbll /$ lll/owtld, 1111d /$ riot "CLOSED." n.S1ts .Im.ts- wthm ti/It pt1I' mo/Ith .Im.ts ,hs,:1111,d mti/It tllblil llbovlt, 1111d riot m llddliori to tho# .Im.ts. Algrou/ldf1$h Sf)ltCftS ll(lt lll/bj,ctto ti/It O{>ltfl /ICCI/I.U .Im.ts, M/180/IS, sll/t .Im.ts 1111d RCA l'lt(lrit;tfl:ms Isled m ti/It tllblil llbovlt, 11111t.uothlt1Will// stllt#d 111/tn,. North 33 PINK SHRIMP NON-GROUNDFISH TRML (/lot $1/b,betto RCA$) 34 Effective Aprl 1 • OctobEr 31: Orouncltsh: 500 lb/day, mutlplled by the runtier ol dllya of the trip, not to eicceed 1,500 lb.tltp. The follCMlng sublmits elso applyll'ld ere CQ.lllled~the overell 500 lbldayll'ld 1,500 ll>Arlp groundflsh lmlls: llngcod 300 lblrnordh (minimum 24 inch size limit) sableflsh 2.000 lblrncnth; canary, thom-,hellds 1111d -,elkl',leye !llCktsh are PROHIBI TEO. Al olher !F(lll'ldtsh sped es taken are ml!l'lllged under the Ot'8'8II 500 lb/day 1111d 1,500 lb.trip groundtsh limits. Landings of these species C0lri ~ the per day 1111d perb-'3 groundflsh lmlls 1111d do nd hlil,e specieHpecl1c limits. The 11111ourt 01 groundflsh lancled may not elD!ed the amcunt or pink shrimp lancled. North IITM Rocktsh ton•ntlllon ....... is an aru doSld to tshing bypllllclular gurlll)ff, boundod byllnu ~ , _ _ b y - • and longitude coordinates nt out at §!I eeo :r 1-1180.74. 1his RCA is not..- bvdtl>1h oontours Colilh t,o "-'"" of1ho 20-tn doplh oontourboundaly- of42° N.1111.). and tho boundaryllnu t,111detnetho RCArnay-ll'UStha aredoepor or _ e r t,antht \ounlsthll ... subjeotto RCA~maynot 1sh In tho RCA.OI' opera1t in tho RCA f>ranypurpOdl ... ert,antmldnA, 2/ • - 40"18' N.111. and '40 'IO' N. Ill, and t,o 30 tn and 40 tn Ina, fshlng is onlyallowod wkh hook-ancMlno ,.., uoopt bottom longllnnnd dlnglobar gur, n . . - in 1980.11 3/Booacolo, dllllpepperand cowoi,d rodctthosare lnoludod In tho trip llmlts MMlnor Shllf Rooldsh. SDIIIMA rooldbll is lnoludod in tho trip llmlts t,r Minor Slopo Rooldsh. 4/"0lhor-• are •fnod at § 1180.11 and Include butter sole, uutfn sole, fllhud sole, Paoifo nndd:ab, ,ex sole, rock sole, and sand sole. GI For blade rodctth north of tape Ana C48'1)UO' N.111:). and b - DosWollon is, (47"40' N.111.)and Ludb«tor Pnt. (40"38 .17' N. Ill:). .,.,. is an additional llmlt of 100 lbs or30 porcon1 bywefoht of al 1sh on board, whldl..., is,_,, perwsal, per tshing trip, 8/The mlnlrm.m :Ila llmlt f>rlfnAoi,d is22 lnohu (S9 om)total llnAth Nonh of42" N.111.and 241nohos(81 an)tollllli...., S - of42" N.111. 7/"0lhor u,• are dofnod • S ll80 .11 and Include kelp ,_,.,,, of Catl>mla and loopanl shark. 8/ Opon accoss- are allowed to 1sh Inside gn,undtsh conHnOlllon arus using hook and lno only. Seo •<tlon 800.330 (d) oflho rogullllons t,r,..,.. lnformallon, 5. Revise Table 3 (South) to part 660, subpart F, to read as follows: ■ VerDate Sep<11>2014 15:56 Oct 28, 2021 Jkt 256001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 E:\FR\FM\29OCR1.SGM 29OCR1 ER29OC21.016</GPH> khammond on DSKJM1Z7X2PROD with RULES dept,-·· 59885 Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations Table 3 (South) to Part 660, Subpart F --Non-Trawl Rockfish Consmvation Areas and Trip llmlls for Open Access G8111S South of 40°10' N. lat. <>nnlu _ C=ri = n 1n +h~u~h c:c:n ':IQQ hJn,o uo;nn th;o +<>hlo n+ho, &m;k, = ri IANCi::R Dn-h,1 2 l ··-- I , A..,,. /Dl"'A\11, I MAV IIIN 1111 AIU: I I !i:FDnr-J I 1n0J?ll)1 NflV.OFf". 4□ fm &no 11. 1')1; fm Uno II 50 fm &no 11 • 1?1. fm Unoll 38'57 .5' N. lat -34'27' N. lat 1m fm lino 11. 1'-1'1 fm ino 11 folen <>nnl;oe .,,nunri iel<>nrio\ <:?,,,rih d 34'27• N IAl See§§660.60 and660.230foraddltlonal gear, trip Umlt and conservation area requlremenls and r•trlctlons. See§§660J0-660.74 and §§660.76-660.79 for conservation area d•crlptlons and coordlnat• (Including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks, and EFHCAs). MJ 0 1D'N lat -38'87!'i'N 1..t '-'i<>+o tri, limlo <>nri oo<>enno "'""hR mNo ,oetn,-wo+h<>n 4 Minor Slope Rockflsli' & Darkblotched -..wi..h , ""lltnose rockflsh 6 Sableflsh 200 lb/ month 40°10' N. lat.· 36"oo' N. lat 1 in ....... ,o aff n,onnn <>nri r,.,i;f..,.,;., l"orio,ol +,;n limle ar oo<>enno 10,cro lb/2 months, of which no more1h1112,51Xl lb may be blackgill rockfish 000 lb/day, or 1 l111dlweek up to 21)00 ll, not to exceed 4l)OO lb/2 months I 000 lb/day, or 1 land/week up to 3,cro lb, not to exceed 6,cm ll/2 mon1hs Higher Sep.Oac sableflsh trip Rmlts do not apply to pot/trap gear. Sept.Dae landings with pot/trap gear aresubJect to the 1 -Jan-Aug llrnlts. 2 rm lb/week not to eiceed 6 mo lb/2 months I South of36"oo' N. lat 8 9 ShortDlne thomvheads 40°10' N. lat.· 34"27' N. lat 50 lb/month 40°10' N lat.• 34'27• N lat Shortnlne thornvheads and Ion- nine 14 I South of 34 "27• N. lat J1 Dover sole, arrowtooth flounder, petrale .1!. sole, English sole, stany flounder, Other 50 lb/month .. 1Q 11 ' 12 -I 13 .....,.. _H -- ............ 2Q 300 lb/ month ,, c,.,, "'- t-1 "II. ?1' N 1..t 0 c,ft, ~,_ t-1 "II. 0?7' ·- 6 000 lb. /2 mon1hs 4 fTil lb. / 2 mon1hs N l~t 6 rm lb. /2 mon1hs 4 mn lb. /2 mon1hs 40°1 O' N. lat. • 34 "27• N. lat South ti 34 "27• N. lat 28 Shortbal., Rockflsh South of 40°1 O' N. lat 29 26 200 lb/ month 22 r_,...,_,..,.,_h 23 Yal.,,,_,e rocldlsh 24 Cowcod 1 ~ru lhl-, Bronz•notted rocldlsh Minor N8111Shore Rocldlsh 31 Sh .. 32 De1111 er nearshore5' 4/ 2 □□ 0 33 Callfomla Scornlonflsh 34 Llnacol' 3!I 39 37 M Pacific cod Spiny dogfish 200,000 lb/ 2 mon1hs I-------•~- ............ VerDate Sep<11>2014 I lb/2 months 2.000 lb/2 months 3fill0 lb/2 months 700 lb/ months 1mo lb/ 2 months 1501)00Ib/2 -ntl.o I I ,,..._;..,,. 100,cro lb/2 mon1hs I ln&mi+.ul 39 ,...__ c1,,i.71 2 khammond on DSKJM1Z7X2PROD with RULES l"l"llnl"lltho CLOSED CLOSED CLOSED 4 mo lb/2 months 26 Bocacclo $1} Cl ,: :s' 40°10' N. lat.· 34"27• N. lat 27 a -"' .. (I) 4 rm lb. /2 months ti which no more than 400 lb. mav be vermilion 3 000 ll. /2 months of which no more 1h1111 'XYllb. mav bevermiion 40°10' N. lat.• 34"27' N. lat 21 22 Widow 23 24 2' rm 5 ,cm lb/ month ............w l> 1:11 r,.i.-•., In ,...,,..,..,,. 15:56 Oct 28, 2021 Jkt 256001 Unfimited PO 00000 Frm 00047 Fmt 4700 Sfmt 4725 E:\FR\FM\29OCR1.SGM 29OCR1 ER29OC21.017</GPH> 11 18 19 100 Ibid av. no more than 1000 lb/ 2 months 59886 Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations ee §§&60.SO and 660.230 for add111onal ge.-, t p llmlt and conservellon .-ee requr-111118 and d ns. e OJ'0-660.74 •d §§&60.76-660.79 for RCAs, CCAs, F.-alon Islands Cordell Benb, end EFHCAs • lnatas lncludl Samon !rollers may retain and land up to 1 lb rl yellowtail rockfish for every2 lb of Chinook samon landed, with a S ulh of .co•lO'N lat cumulative limil rl200IMnonth, both within and outside of the RCA This limit iswilhinlhe4,000 lb per2 month limit for 0 • minor shelfrockfish between .COo10' and 34o27' N lat.and not i'I addilionto lhat imit Allgroundfish species are subject o the open access limls, seasons, size limits and RCA reslri:tions lis1ed in lhe table above, unless dherwise stated here. Groundfish: 3Xl lbllrip. Species-specific lmits described in lhe table above also apply and are counted toward the 3Xl lb groundf1Sh per trip lirrit. The amount of groundfish landed may not exceed the amount of the target species landed, except hat the amount of spiny dogfish landed may exceed lhe amount of target species landed. Spiny dogfish are limited by the 00 b..trip overall groundf1Sh limil. The daily trip limits for sablefish coastwide and thornyheads south of Pt. Conception and the oteral groundfish "per trip" limit may net be multiplied by the number of days of 1he trip. Vessels participating i'I he Califomia halbut fishery soulh of 38o57 .511' N. lat. are allowed to (1) land up to 100 lb/day of groundf1Sh without the ratio requirement, provided that at least one Califomia haibut is landed and (2) land up to 3,000 lb/monlh of flafish, no more lhan 300 lb of which may be species olher lhan Pacific sanddabs, sand sole. starry &under, rock sole, curlfin sole, or Calfornia scorpionfish (Calfornia scorpionfish is also subject to the lrip limits and cbsures in li'le 29). ~ f i. ,1 PINK SHmllP NON-GROUNDFISH TRAWL GEAR not Effective Apri 1 - October 31: Groundfish: !iOO lbA!ay, multiplied by lhe number of days rl the trip, not to exceed 1 pOO lbllrip. The followi'lg sublimils also apply and are counted ta.vard the overall &ID lb/day and 1,500 lbllrip groundfish imits: lingcod 300 lb/ month (minimum 24 inch size lmiQ; sablefish 2,000 lb/ month; canary rockfish, thomyheads and yeloweye rockfish are PROHIBITED. All other groundfish speciestaken are managed under the overall !iOO lb/day and 1 pOO lbllrip groundf1Sh limits. Landings of all groundfish species count ta.vard the per day, per lrip or ether species-specific sublimits described here and the species-specific limls described in the table above do not apply. The amount of groundfish landed may not exceed the amount of pi'lk shrimp landed. Soulh 1/ lhe Rockt9l CanseNlllon Arm is.., _.. dosed111 fslling b y p - -1-jpes, bounded byllnesspedlcaly detned by tolllude and longllude ooonllnates set CM It §S 660.71-660.74. ThlsRCAls nol - e d bydeplh conoinc- the e,a,i,llon oftho :20-tn depth cat.... boundsyS<ll.lh of 42 ·N. lol.~ and theboundsy Ines that detnetheRCA may close -th■ are d - at ....~ then the depth a,ntcu. Yessolsthlt are subjecl111 RCAl8Slricllonsmay nol tshinlheRCA, at opemte In the RCA b' anyjUpose -thant..,sillng. 2/ POP is lnduded in the• !mis b' mira slope rodctsh. Blaclcgll rodctsh ' - a opecles sub~lml ¥ithlnlhe min« slope rockt9l oumullllhe llmls. Yell- loclctsh is incllded rn the• lmlls b' mlra shelf loclc19'. Bronzmp- rocttsh hlM a opedes opedtc • specltc"" ..... 31 "Other 1lttsh" are detned It S660.11 and Include bubr sole, ourlln mle, 1 . . - sole, Paclfcsenddab, rexSDle, roct sole, and ..,.. ae. 41 "Sllal_N_..,. n dmedlt $660.11 under "ORU!dlsh" U'1111ffX1). SI "Deeper- are defned It S 1180.11 mdor "0111Und1sli' (7J(l)O!IXZ). 8/lhecommerdllmlmimum si:rellml b'lngcod is24 lndles(81 cm)tolal len!#I Soo.th ot4:fN.let. 7/"0lher .... - - e d It S 1180.11 ...d lncMdes k$ IJNlllngofClllbria and leopard-. 8/Open - - • - •-111 tsh Inside g111Undtsh -on-ualnghaak and lne only. See secllon 1180.330 (d) ofthe n,gdlllons tlrmcre inbmotion. [FR Doc. 2021–23653 Filed 10–28–21; 8:45 am] VerDate Sep<11>2014 15:56 Oct 28, 2021 Jkt 256001 PO 00000 Frm 00048 Fmt 4700 Sfmt 9990 E:\FR\FM\29OCR1.SGM 29OCR1 ER29OC21.018</GPH> khammond on DSKJM1Z7X2PROD with RULES BILLING CODE 3510–22–C

Agencies

[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Rules and Regulations]
[Pages 59876-59886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23653]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 201204-0325]
RIN 0648-BK95


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

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

[[Page 59877]]


ACTION: Final rule; inseason adjustments to biennial groundfish 
management measures.

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SUMMARY: This final rule announces routine inseason adjustments to 
management measures in commercial groundfish fisheries. This action is 
intended to allow commercial fishing vessels to access more abundant 
groundfish stocks while protecting rebuilding and depleted stocks.

DATES: This final rule is effective October 26, 2021.

FOR FURTHER INFORMATION CONTACT: Sean Matson, email: 
[email protected].

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/.

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 2 year 
periods (i.e., a biennium). NMFS published the final rule to implement 
harvest specifications and management measures for the 2021-2022 
biennium for most species managed under the PCGFMP on December 11, 2020 
(85 FR 79880). In general, the management measures set at the start of 
the biennial harvest specifications cycle help the various sectors of 
the fishery attain, but not exceed, the catch limits for each stock. 
The Council, in coordination with Pacific Coast Treaty Indian Tribes 
and the States of Washington, Oregon, and California, recommends 
adjustments to the management measures during the fishing year to 
achieve this goal.
    At its meeting on September 9-15, 2021, the Council recommended 
increasing trip limits for the Limited Entry (LE) and Open Access (OA) 
Fixed Gear (FG) sablefish, Daily Trip Limit (DTL) fisheries north of 
36[deg] N latitude. The Council also recommended increasing trip limits 
for the fixed gear lingcod fishery, north of 42[deg] N latitude (LE and 
OA), beginning as soon as possible, for the remainder of the 2021 
fishing year and for subsequent September-December periods in later 
years until superseded.
    Pacific Coast groundfish fisheries are managed using harvest 
specifications or limits (e.g., overfishing limits [OFL], acceptable 
biological catch [ABC], annual catch limits [ACL] and harvest 
guidelines [HG]) recommended biennially by the Council and based on the 
best scientific information available at that time (50 CFR 660.60(b)). 
During development of the harvest specifications, the Council also 
recommends management measures (e.g., trip limits, area closures, and 
bag limits) that are meant to manage catch so as not to exceed the 
harvest specifications. The harvest specifications and management 
measures developed for the 2021-2022 biennium used data through the 
2020-fishing year. Each of the adjustments to management measures 
discussed below are based on updated fisheries information that was 
unavailable when the analysis for the current harvest specifications 
was completed. As new fisheries data becomes available, projected 
impacts of management measures are updated, and the management measures 
themselves may need to be adjusted so as to help harvesters achieve but 
not exceed the harvest limits.
    Sablefish is an important commercial species on the West Coast, 
targeted by vessels using both bottom trawl and fixed gear (longlines 
and pots/traps). The sablefish stock is managed with a coast-wide OFL 
and ABC, but with separate ACLs, north and south of 36[deg] N latitude. 
In 2021, the ACL for sablefish north of 36[deg] N latitude is 6,892 
metric tons (mt) with a fishery HG of 6,165 mt. The fishery HG north of 
36[deg] N latitude is further divided between the LE FG and OA sectors 
with 90.6 percent, or 5,586 mt, going to the LE sector and 9.4 percent, 
or 580 mt, going to the OA sector. The LE share is divided so that 58 
percent goes to trawl and 42 percent goes to FG. The LE FG share is 
further divided between the sablefish primary (tier) fishery (85% or 
1,994 mt) and the daily trip limit (DTL) fisheries (15% or 352 mt), as 
shown in Table 1c. to Title 50, part 660, subpart C of the CFR. The 
sablefish DTL fisheries are individually managed using landing targets 
(Table 1), which have accounted for discard mortality a priori, by 
subtracting 4.5 percent from the DTL catch share. This same method of 
accounting for discard mortality to calculate the landing target is 
also used in managing the OA sablefish DTL fishery, north of 36[deg] N 
latitude (Table 1).
    Lingcod is another important commercial species on the West Coast, 
and like sablefish, caught by vessels with both trawl and fixed gear 
(longlines and pots/traps). The lingcod stock is managed separately 
north and south of 40[deg]10' N latitude, with a northern ACL of 5,369 
mt in 2021, a fishery HG of 5,090.6 mt, and a northern trawl fixed gear 
allocation of 2,290.8, or 45 percent of the HG, and a northern non-
trawl allocation of 2,799.8, or 55 percent. Lingcod north of 40[deg]10' 
N latitude are additionally managed north and south of 42[deg] N 
latitude, typically with different trip limits set north and south of 
that management line.

Request, Analysis, and Council Recommendation

    At the September 2021 Council meeting, the Council's Groundfish 
Management Team (GMT) received requests from industry members and 
members of the Council's Groundfish Advisory Subpanel to examine the 
potential to increase sablefish trips limits for the fixed gear, LE and 
OA DTL fisheries north of 36[deg] N lat., and to increase trip limits 
for lingcod north of 42[deg] N latitude. The intent of increasing the 
sablefish limits is to increase harvest opportunities for vessels 
targeting sablefish, under a mix of daily, weekly, and bimonthly 
landings accumulation limits (commonly referred to collectively as 
``trip limits''); attainment of harvest targets for each DTL fishery, 
and the northern fixed gear HG for sablefish have been trending much 
lower than anticipated throughout 2021. To evaluate potential increases 
to sablefish trip limits, the GMT made model-based projections of 
landings under current regulations, as well as alternative sablefish 
trip limits, including the limits ultimately recommended by the 
Council, through the remainder of the year. Table 1 shows the projected 
sablefish landings, the sablefish harvest targets, and the projected 
attainment percentage by fishery under both the current trip limits and 
the Council's recommended adjusted trip limits. These projections were 
based on the most recent catch information available through early 
September 2021. Industry did not request changes to sablefish trip 
limits for the LE or OA DTL fisheries south of 36[deg] N latitude. 
Therefore, NMFS and the Council did not consider changes for those 
fisheries at this time.
    As shown in Table 1, under the current trip limits, models predict 
that landings of sablefish will be far below the harvest targets for 
LE, and OA fixed

[[Page 59878]]

gear sablefish DTL fisheries north of 36[deg] N lat. Under the 
Council's recommended trip limits, sablefish attainment is projected to 
increase in the LE DTL fishery north of 36[deg] N latitude, from 
between 54-59 percent attainment, up to between 86 and 95 percent. For 
the OA DTL fishery, north of 36[deg] N latitude, the projected gains 
are more modest (from between 53 and 60 percent attainment, to between 
57 and 66 percent); however, the OA model is more uncertain and less 
well informed than the LE model, the changes (both to LE and OA) should 
allow some beneficial increase in attainment, while being sufficiently 
precautionary.

Gear Restriction Necessary To Implement Council Recommended Trip Limits

    These fixed gear, sablefish and lingcod fisheries include vessels 
fishing with both hook-and-line and pot gears. West Coast groundfish 
sablefish pot gear fisheries are considered Category II fisheries under 
the Marine Mammal Protection Act List of Fisheries, indicating 
occasional interactions with marine mammals, due to occasional 
incidental mortality and serious injury to ESA-listed humpback whales 
(the CA/OR/WA stock of humpback whales).
    Because sablefish pot gear fisheries are Category II fisheries, 
NMFS is required to issue a MMPA 101(a)(5)(E) permit for the taking of 
marine mammals after making a negligible impact determination (NID). 
NMFS issued a permit for the sablefish pot gear fisheries on September 
4, 2013 (amended April 23, 2015 (80 FR 22709)), which expired on 
September 4, 2016 (78 FR 54553). NMFS published a notice of proposed 
issuance of a MMPA 101(a)(5)(E) permit and proposed NID on October 22, 
2021 (86 FR 58641).
    Due to lack of a final 101(a)(5)(E) permit, in this action NMFS is 
only implementing the inseason increases to trip limits for those 
vessels using non-pot/trap, fixed gears (e.g., longline and other hook-
and-line gears), in the LE and OA FG sablefish, DTL fisheries north of 
36[deg] N latitude, as well as the fixed gear lingcod fishery, north of 
42[deg] N latitude (LE and OA). Pot/trap gear cannot be used in the 
affected sectors to land up to the higher September through December 
trip limits for sablefish or lingcod, and vessels using pot/trap gear 
are instead subject to the lower January through August limits.
    Gear restrictions are common routine accountability measures (AMs) 
in groundfish fisheries (50 CFR 660.60). Additionally, analogous 
restrictions for vessels to adhere to the lower of two trip limits, in 
situations of mixed limits for one species during the same period exist 
in crossover provisions in the groundfish fishery, found at 50 CFR 
660.60(h)(7). Crossover provisions normally apply to three activities: 
Fishing on different sides of a management line, fishing in both the 
limited entry and open access fisheries, or fishing in both the 
Shorebased IFQ Program and the limited entry fixed gear fishery. Under 
the most common scenario, crossover provisions hold a vessel that 
fishes in areas with two different trip limits for the same species, to 
the more restrictive of the two limits. The gear specific trip limits 
implemented through this rule will be managed similar to cross-over 
provisions.
    Providing the trip limit increases with the additional gear 
restriction still enables substantial additional opportunity as a 
result of this action for those fishery participants who use longline 
and other non-pot gear, although it may cause some reduction in benefit 
versus without the gear restriction. The percentage contributions of 
pot/trap versus longline gear types to landings over the past five 
years provides some information about an upper bounds of potential 
reduction in benefit due to the gear restriction on access to the 
higher trip limits. Among fixed gear fisheries, in the LE DTL fishery 
north of 36[deg] N lat., pot gear only accounted for 6.8 percent of 
sablefish landings from 2016-2020 (some permits are dual-endorsed, for 
both gear types), while in the OA DTL fishery north of 36[deg] N lat., 
pot gear accounted for 46 percent of sablefish landings. Just 22 
percent of lingcod fixed gear landings (mt) were made using pot gear 
over the same years in the DTL fishery, while 78 percent were made with 
longline gear. In the FG OA fishery, only 0.6 percent of lingcod 
landings were made with pot gear, and 99.4 percent with longline gear. 
Given these gear distributions for landings in the affected sectors, 
the GMT's analysis from the September meeting is still valid for this 
inseason action, even though it was conducted using data that included 
pot gear as well as longline, and trace amounts of other fixed gears. 
Thus for both species, the majority of landings overall will be subject 
to the increased trip limits, and this will provide substantial 
additional opportunity, despite the gear restriction.

[[Page 59879]]

[GRAPHIC] [TIFF OMITTED] TR29OC21.009

    The Council also recommended changes to trip limits for lingcod 
north of 42[deg] N latitude, after request from industry and analysis 
by the GMT, in order to reduce regulatory discard, which results in 
waste and lost revenue. Table 2 shows the current and recommended trip 
limits for lingcod north of 42[deg] N latitude. Table 3 shows the 
projected impacts of those limits to total mortality, and percent 
attainment of the non-trawl allocation, north of 40[deg] 10' N 
latitude. Projected impacts to total fishing mortality are nearly 
identical, and well within the margin for error, but based on the 
analysis by the GMT, the higher landing limits are predicted to convert 
lost fish as discard, into landings and revenue, rather than inspire 
additional effort. By maintaining the same level of effort, and total 
fishing mortality, this increase in trip limits is not predicted to 
increase bycatch of yelloweye rockfish, which is managed under a 
rebuilding plan, and is a constraint to this fixed gear lingcod 
attainment.
[GRAPHIC] [TIFF OMITTED] TR29OC21.010


[[Page 59880]]


[GRAPHIC] [TIFF OMITTED] TR29OC21.011

Summary of Changes

    Trip limit increases for sablefish are intended to increase 
attainment of the LE and OA DTL fisheries, which each contribute to 
attainment of the non-trawl HG for sablefish north of 36[deg] N 
latitude. The trip limit increases do not change projected impacts to 
co-occurring rebuilding species as analyzed in the 2021-2022 harvest 
specifications because the projected impacts to those species assume 
that the entire sablefish ACL is harvested. Recommended increases to 
lingcod north of 42[deg] N latitude are intended to convert regulatory 
discards into landings and associated revenue, and are not predicted to 
increase effort or bycatch of co-occurring rebuilding species. NMFS is 
only implementing the Council-recommended trip limits for vessels 
fishing with fixed gear types other than pot/trap, due to the lack of a 
final MMPA101(a)(5)(E) permit. Therefore, the Council recommended, and 
NMFS is implementing, by modifying Table 2, North and South to part 
660, subpart E, trip limit changes for the LEFG fishery north of 
40[deg]10' N lat., as well as Table 3, North and South to part 660, 
subpart F to increase the limits as shown in tables 4 and 5 in this 
rule.
[GRAPHIC] [TIFF OMITTED] TR29OC21.012

[GRAPHIC] [TIFF OMITTED] TR29OC21.013

Classification

    This final rule makes routine inseason adjustments to groundfish 
fishery management measures, based on the best scientific information 
available, consistent with the PCGFMP and its implementing regulations.
    This action is taken under the authority of 50 CFR 660.60(c) and is 
exempt from review under Executive Order 12866.
    The aggregate data upon which these actions are based are available 
for public inspection by contacting Dr. Sean Matson in the West Coast 
Region (see FOR FURTHER INFORMATION CONTACT, above), or view at the 
NMFS West Coast Groundfish website: https://www.westcoast.fisheries.noaa.gov/fisheries/groundfish/.
    Pursuant to 5 U.S.C. 553(b), NMFS finds good cause to waive prior 
public notice and an opportunity for public

[[Page 59881]]

comment on this action, as notice and comment would be impracticable 
and contrary to the public interest. The adjustments to management 
measures in this document increase trip limits for fisheries off of 
Washington, Oregon, and California to allow for greater attainment of 
allocations. No aspect of this action is controversial, and changes of 
this nature were anticipated in the final rule for the 2021-2022 
harvest specifications and management measures which published on 
December 11, 2020 (85 FR 79880).
    As stated earlier, the Council recommended sablefish limit changes 
to increase fisher opportunity to attain harvest targets and 
allocations for their respective fisheries, and contribute to 
attainment of the ACL. New information became available at the 
September 2021 meeting showing that harvest was tracking much lower 
than projections made during the harvest specifications process due to 
changing fishery conditions. The updated trip limits being implemented 
in this rule are anticipated to increase landings and fishing community 
revenue, while maintaining harvest within scientifically informed 
conservation limits, concomitant with the goals of the Magnuson-Stevens 
Fishery Conservation and Management Act (Magnuson Stevens Act).
    The Council recommended increased lingcod landing limits to reduce 
regulatory discard; new information became available at the 2021 
September meeting indicating that current levels of landing limits were 
having the unintended consequence of causing fishers to discard 
substantial amounts of catch. Implementing the recommended trip limits 
is projected to ameliorate this, without changing attainment rate of 
the allocation, by enabling those fish to be landed rather than wasted, 
and produce fisher and community revenue.
    Delaying implementation to allow for public comment would reduce 
the economic benefits to the commercial fishing industry and the 
businesses that rely on that industry because it is unlikely the new 
regulations would publish and could be implemented before the end of 
the calendar year. Therefore, providing a comment period for this 
action could significantly limit the economic benefits to the fishery, 
and would hamper the achievement of optimum yield from the affected 
fisheries.
    Therefore, NMFS finds reason to waive the 30-day delay in 
effectiveness pursuant to 5 U.S.C. 553(d)(1) so that this final rule 
may become effective upon publication in the Federal Register. The 
adjustments to management measures in this document affect commercial 
fisheries by increasing opportunity and relieving participants of the 
lower trip limits in light of information showing lower than usual 
attainment. These adjustments were requested by the Council's advisory 
bodies, as well as members of industry during the September 2021 
meeting, and recommended unanimously by the Council. No aspect of this 
action is controversial, and changes of this nature were anticipated in 
the biennial harvest specifications and management measures established 
through a notice and comment rulemaking for 2021-2022 (85 FR 79880).

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian fisheries.

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

    Dated: October 26, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is amended 
as follows:

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.

0
2. Revise Table 2 (North) to part 660, subpart E, to read as follows:
BILLING CODE 3510-22-P

[[Page 59882]]

[GRAPHIC] [TIFF OMITTED] TR29OC21.014

0
3. Revise Table 2 (South) to part 660, subpart E, to read as follows:

[[Page 59883]]

[GRAPHIC] [TIFF OMITTED] TR29OC21.015

0
4. Revise Table 3 (North) to part 660, subpart F, to read as follows:

[[Page 59884]]

[GRAPHIC] [TIFF OMITTED] TR29OC21.016

0
5. Revise Table 3 (South) to part 660, subpart F, to read as follows:

[[Page 59885]]

[GRAPHIC] [TIFF OMITTED] TR29OC21.017


[[Page 59886]]


[GRAPHIC] [TIFF OMITTED] TR29OC21.018

[FR Doc. 2021-23653 Filed 10-28-21; 8:45 am]
BILLING CODE 3510-22-C