Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2021 Tribal Fishery Allocations for Pacific Whiting; Reapportionment Between Tribal and Non-Tribal Sectors, 66218-66219 [2021-25369]

Download as PDF 66218 Federal Register / Vol. 86, No. 222 / Monday, November 22, 2021 / Rules and Regulations the ways the material is reasonably available to interested parties or how the agency worked to make materials available to interested parties. In this final rule, NHTSA incorporates by reference a new technical data package for the Q3s consisting of a set of engineering drawings for the test dummy, and a parts list. Q3s dummies manufactured to meet the qualification requirements and the technical data package will be uniform in their design, construction, and response to impact forces. NHTSA has placed a copy of the updated technical data package in the docket listed at the beginning of this document. Interested persons can download a copy of the materials or view the materials online by accessing www.Regulations.gov. Telephone: 1– 877–378–5457. The material is also available for inspection at the Department of Transportation, Docket Operations, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC. Telephone: 202–366–9826. The material is also available for inspection by contacting NHTSA’s Chief Counsel’s Office at the phone number and address set forth in the FOR FURTHER INFORMATION section of this document. The material is available for review at NHTSA and is available for purchase from SAE International. jspears on DSK121TN23PROD with RULES1 Plain Language Executive Order 12866 requires each agency to write all rules in plain language. Application of the principles of plain language includes consideration of the following questions: Has the agency organized the material to suit the public’s needs? Are the requirements in the rule clearly stated? Does the rule contain technical language or jargon that is not clear? Would a different format (grouping and order of sections, use of headings, paragraphing) make the rule easier to understand? Would more (but shorter) sections be better? Could the agency improve clarity by adding tables, lists, or diagrams? What else could the agency do to make this rulemaking easier to understand? If you have any responses to these questions, please send them to NHTSA. Regulation Identifier Number The Department of Transportation assigns a regulation identifier number (RIN) to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified VerDate Sep<11>2014 17:19 Nov 19, 2021 Jkt 256001 Agenda in April and October of each year. You may use the RIN contained in the heading at the beginning of this document to find this action in the Unified Agenda. List of Subjects in 49 CFR Part 572 Motor vehicle safety, Incorporation by reference. In consideration of the foregoing, NHTSA amends 49 CFR part 572 as follows: PART 572—ANTHROPOMORPHIC TEST DEVICES 1. The authority citation for Part 572 continues to read as follows: ■ Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30166; delegation of authority at 49 CFR 1.95. Subpart W—Q3s Three-Year-Old Child Test Dummy 2. Section 572.210 is amended by revising paragraphs (a)(1), (2) and (3), to read as follows: * * * * * ■ § 572.210 Incorporation by reference. (a) * * * (1) A parts/drawing list entitled, ‘‘Parts/Drawings List, Part 572 Subpart W, Q3s Three-Year-Old Child Side Impact Dummy’’ dated (and revised) January 2021 (Parts/Drawings List); IBR approved for § 572.211. (2) A drawings and inspection package entitled, ‘‘Drawings and Specifications for Q3s Three-Year-Old Child Side Impact Dummy, Part 572 Subpart W’’ dated (and revised) January 2021 (Drawings and Specifications); IBR approved for §§ 572.211, 572.212, 572.213, 572.214, 572.215, 572.216, 572.217, 572.218, and 572.219. (3) A procedures manual entitled ‘‘Procedures for Assembly, Disassembly, and Inspection (PADI) of the Q3s Child Side Impact Crash Test Dummy’’ dated January 2021 (PADI); IBR approved for §§ 572.211, 572.215(b), 572.216(b), and 572.219(a). * * * * * Authority: 49 U.S.C. 322, 30111, 30115, 30117 and 30166; delegation of authority at 49 CFR 1.95, 501.4, and 501.5. Steven Cliff, Deputy Administrator. [FR Doc. 2021–25219 Filed 11–19–21; 8:45 am] Frm 00064 Fmt 4700 National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 210616–0131; RTID 0648– XB564] Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2021 Tribal Fishery Allocations for Pacific Whiting; Reapportionment Between Tribal and Non-Tribal Sectors National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Inseason reapportionment of tribal Pacific whiting allocation. AGENCY: This document announces the reapportionment of 34,645 metric tons of Pacific whiting from the tribal allocation to the non-tribal commercial fishery sectors via automatic action on September 15, 2021. This reapportionment is to allow full utilization of the Pacific whiting resource. SUMMARY: The reapportionment of Pacific whiting went into effect at 12 p.m. local time, September 15, 2021, and is effective through December 31, 2021. Comments will be accepted through December 7, 2021. ADDRESSES: You may submit comments, identified by NOAA–NMFS–2021–0112 by any of the following methods: Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA–NMFS–2021–0112 in the Search box. Click on the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. Instructions: Comments sent by any other method to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). DATES: Electronic Access This document is accessible online at the Office of the Federal Register’s BILLING CODE 4910–59–P PO 00000 DEPARTMENT OF COMMERCE Sfmt 4700 E:\FR\FM\22NOR1.SGM 22NOR1 Federal Register / Vol. 86, No. 222 / Monday, November 22, 2021 / Rules and Regulations website at https:// www.federalregister.gov/. Background information and documents are available at the NMFS West Coast Region website at https:// www.fisheries.noaa.gov/region/westcoast. FOR FURTHER INFORMATION CONTACT: Colin Sayre (West Coast Region, NMFS), phone: (206) 526–4656 or email: Colin.Sayre@noaa.gov. SUPPLEMENTARY INFORMATION: Background jspears on DSK121TN23PROD with RULES1 Pacific Whiting Pacific whiting (Merluccius productus) is a very productive species with highly variable recruitment (the biomass of fish that mature and enter the fishery each year) and a relatively short life span compared to other groundfish species. Pacific whiting has the largest annual allowable harvest levels (by volume) of the more than 90 groundfish species managed under the Pacific Coast Groundfish Fishery Management Plan (FMP), which governs the groundfish fishery off Washington, Oregon, and California. The coastwide Pacific whiting stock is managed jointly by the United States and Canada, and mature Pacific whiting are commonly available to vessels operating in U.S. waters from April through December. Background on the stock assessment, and the establishment of the 2021 Total Allowable Catch (TAC), for Pacific whiting was provided in the final rule for the 2021 Pacific whiting harvest specifications, published June 23, 2021 (86 FR 32804). Pacific whiting is allocated to the Pacific Coast treaty tribes (tribal fishery) and to three nontribal commercial sectors: The catcher/ processor cooperative (C/P Co-op), the mothership cooperative (MS Co-op), and the Shorebased Individual Fishery Quota (IFQ) Program. This notice announces the reapportionment of 34,645 metric tons (mt) of Pacific whiting from the tribal allocation to the non-tribal commercial sectors. This reapportionment was effective on September 15, 2021. Regulations at 50 CFR 660.131(h) contain provisions that allow the VerDate Sep<11>2014 17:19 Nov 19, 2021 Jkt 256001 Regional Administrator to reapportion Pacific whiting from the tribal allocation, specified at 50 CFR 660.50, that will not be harvested by the end of the fishing year to other sectors. Pacific Whiting Reapportionment For 2021, the Pacific Coast treaty tribes were allocated 64,645 mt of Pacific whiting. The best available information on September 15, 2021, indicated that at least 34,645 mt of the tribal allocation would not be harvested by December 31, 2021. As required under the 2017 Endangered Species Act (ESA) Section 7(a)(2) biological opinion on the effects of the Pacific Coast Groundfish Fishery Management Plan on listed salmonids, NMFS considered the number and bycatch rate of Chinook salmon taken by the Pacific whiting fishery sectors prior to reapportionment. Based on the best available information in early September 2021, NMFS determined there was little risk that the reapportionment would cause the Pacific whiting sector fisheries to exceed the guideline limit of 11,000 Chinook salmon under current regulations and practices. In early September, incidental take of Chinook salmon by the non-tribal sector was 4 percent of the guideline limit. While the incidental take of Chinook salmon was higher compared to the same period in the previous year, the total take this year is still well below the guideline limit. To allow for increased utilization of the resource, on September 15, 2021, NMFS reapportioned 34,645 mt from the Tribal sector to the Shorebased IFQ Program, C/P Co-op, and MS Co-op in proportion to each sector’s original allocation. Reapportioning this amount is expected to allow for greater attainment of the TAC while not limiting tribal harvest opportunities for the remainder of the year. NMFS provided notice of the reapportionment on September 15, 2021, via emails sent directly to fishing businesses and individuals. Reapportionment was effective the same day as the notice. The amounts of Pacific whiting available for 2021 before and after the reapportionment are described in Table 1 below. PO 00000 Frm 00065 Fmt 4700 Sfmt 9990 66219 TABLE 1—2020 PACIFIC WHITING ALLOCATIONS Sector Tribal ........................... C/P Coop ..................... MS Coop ..................... Shorebased IFQ Program ......................... Initial 2021 allocation (mt) Final 2021 allocation (mt) 64,645.0 103,362.0 72,961.0 30,000.0 115,141.3 81,275.8 127,682.0 142,232.9 Classification NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required by 50 CFR 660.55 (i), 660.60(d), and 660.131(h), and is exempt from review under Executive Order 12866. NOAA’s Assistant Administrator for Fisheries (AA) finds that good cause exists for this notification to be issued without affording prior notice and opportunity for public comment pursuant to 5 U.S.C. 553(b)(B), because such notification would be impracticable and contrary to the public interest. As previously noted, NMFS provided actual notice of the reapportionment to fishery participants at the time of the action. Prior notice and opportunity for public comment on this reapportionment was impracticable because NMFS had insufficient time to provide prior notice between the time the information about the progress of the fishery needed to make this determination became available and the time at which fishery modifications had to be implemented in order to allow fishery participants access to the available fish during the remainder of the fishing season. For the same reasons, the AA also finds good cause to waive the 30-day delay in effectiveness for these actions, required under 5 U.S.C. 553(d)(3). Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 7001 et seq. Dated: November 16, 2021. Ngagne Jafnar Gueye, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–25369 Filed 11–19–21; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\22NOR1.SGM 22NOR1

Agencies

[Federal Register Volume 86, Number 222 (Monday, November 22, 2021)]
[Rules and Regulations]
[Pages 66218-66219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25369]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 210616-0131; RTID 0648-XB564]


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2021 Tribal Fishery Allocations for 
Pacific Whiting; Reapportionment Between Tribal and Non-Tribal Sectors

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

ACTION: Inseason reapportionment of tribal Pacific whiting allocation.

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

SUMMARY: This document announces the reapportionment of 34,645 metric 
tons of Pacific whiting from the tribal allocation to the non-tribal 
commercial fishery sectors via automatic action on September 15, 2021. 
This reapportionment is to allow full utilization of the Pacific 
whiting resource.

DATES: The reapportionment of Pacific whiting went into effect at 12 
p.m. local time, September 15, 2021, and is effective through December 
31, 2021. Comments will be accepted through December 7, 2021.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2021-0112 
by any of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2021-0112 in the Search box. Click on the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Instructions: Comments sent by any other method to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record. All personal identifying information (e.g., name, 
address, etc.), confidential business information, or otherwise 
sensitive information submitted voluntarily by the sender will be 
publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' 
in the required fields if you wish to remain anonymous).

Electronic Access

    This document is accessible online at the Office of the Federal 
Register's

[[Page 66219]]

website at https://www.federalregister.gov/. Background information and 
documents are available at the NMFS West Coast Region website at 
https://www.fisheries.noaa.gov/region/west-coast.

FOR FURTHER INFORMATION CONTACT: Colin Sayre (West Coast Region, NMFS), 
phone: (206) 526-4656 or email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

Pacific Whiting

    Pacific whiting (Merluccius productus) is a very productive species 
with highly variable recruitment (the biomass of fish that mature and 
enter the fishery each year) and a relatively short life span compared 
to other groundfish species. Pacific whiting has the largest annual 
allowable harvest levels (by volume) of the more than 90 groundfish 
species managed under the Pacific Coast Groundfish Fishery Management 
Plan (FMP), which governs the groundfish fishery off Washington, 
Oregon, and California. The coastwide Pacific whiting stock is managed 
jointly by the United States and Canada, and mature Pacific whiting are 
commonly available to vessels operating in U.S. waters from April 
through December. Background on the stock assessment, and the 
establishment of the 2021 Total Allowable Catch (TAC), for Pacific 
whiting was provided in the final rule for the 2021 Pacific whiting 
harvest specifications, published June 23, 2021 (86 FR 32804). Pacific 
whiting is allocated to the Pacific Coast treaty tribes (tribal 
fishery) and to three non-tribal commercial sectors: The catcher/
processor cooperative (C/P Co-op), the mothership cooperative (MS Co-
op), and the Shorebased Individual Fishery Quota (IFQ) Program.
    This notice announces the reapportionment of 34,645 metric tons 
(mt) of Pacific whiting from the tribal allocation to the non-tribal 
commercial sectors. This reapportionment was effective on September 15, 
2021. Regulations at 50 CFR 660.131(h) contain provisions that allow 
the Regional Administrator to reapportion Pacific whiting from the 
tribal allocation, specified at 50 CFR 660.50, that will not be 
harvested by the end of the fishing year to other sectors.

Pacific Whiting Reapportionment

    For 2021, the Pacific Coast treaty tribes were allocated 64,645 mt 
of Pacific whiting. The best available information on September 15, 
2021, indicated that at least 34,645 mt of the tribal allocation would 
not be harvested by December 31, 2021. As required under the 2017 
Endangered Species Act (ESA) Section 7(a)(2) biological opinion on the 
effects of the Pacific Coast Groundfish Fishery Management Plan on 
listed salmonids, NMFS considered the number and bycatch rate of 
Chinook salmon taken by the Pacific whiting fishery sectors prior to 
reapportionment. Based on the best available information in early 
September 2021, NMFS determined there was little risk that the 
reapportionment would cause the Pacific whiting sector fisheries to 
exceed the guideline limit of 11,000 Chinook salmon under current 
regulations and practices. In early September, incidental take of 
Chinook salmon by the non-tribal sector was 4 percent of the guideline 
limit. While the incidental take of Chinook salmon was higher compared 
to the same period in the previous year, the total take this year is 
still well below the guideline limit.
    To allow for increased utilization of the resource, on September 
15, 2021, NMFS reapportioned 34,645 mt from the Tribal sector to the 
Shorebased IFQ Program, C/P Co-op, and MS Co-op in proportion to each 
sector's original allocation. Reapportioning this amount is expected to 
allow for greater attainment of the TAC while not limiting tribal 
harvest opportunities for the remainder of the year. NMFS provided 
notice of the reapportionment on September 15, 2021, via emails sent 
directly to fishing businesses and individuals. Reapportionment was 
effective the same day as the notice.
    The amounts of Pacific whiting available for 2021 before and after 
the reapportionment are described in Table 1 below.

                Table 1--2020 Pacific Whiting Allocations
------------------------------------------------------------------------
                                                  Initial
                                                    2021      Final 2021
                    Sector                       allocation   allocation
                                                    (mt)         (mt)
------------------------------------------------------------------------
Tribal........................................     64,645.0     30,000.0
C/P Coop......................................    103,362.0    115,141.3
MS Coop.......................................     72,961.0     81,275.8
Shorebased IFQ Program........................    127,682.0    142,232.9
------------------------------------------------------------------------

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 660.55 (i), 660.60(d), 
and 660.131(h), and is exempt from review under Executive Order 12866.
    NOAA's Assistant Administrator for Fisheries (AA) finds that good 
cause exists for this notification to be issued without affording prior 
notice and opportunity for public comment pursuant to 5 U.S.C. 
553(b)(B), because such notification would be impracticable and 
contrary to the public interest. As previously noted, NMFS provided 
actual notice of the reapportionment to fishery participants at the 
time of the action. Prior notice and opportunity for public comment on 
this reapportionment was impracticable because NMFS had insufficient 
time to provide prior notice between the time the information about the 
progress of the fishery needed to make this determination became 
available and the time at which fishery modifications had to be 
implemented in order to allow fishery participants access to the 
available fish during the remainder of the fishing season. For the same 
reasons, the AA also finds good cause to waive the 30-day delay in 
effectiveness for these actions, required under 5 U.S.C. 553(d)(3).

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

    Dated: November 16, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2021-25369 Filed 11-19-21; 8:45 am]
BILLING CODE 3510-22-P