32804 Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations 

by all eligible bidders and may result in 

significant cost savings for small entities 

that use them. Moreover, the adoption 

of bidding procedures in advance of the 

auction, consistent with statutory 

directive, is designed to ensure that the 

auction will be administered 

predictably and fairly for all 

participants, including small 

businesses. 

270. Small entities and other auction 

participants may seek clarification of, or 

guidance on, complying with 

competitive bidding rules and 

procedures, reporting requirements, and 

using the bidding system at any stage of 

the auction process. Additionally, an 

FCC Auctions Hotline will provide 

small entities one-on-one access to 

Commission staff for information about 

the auction process and procedures. 

Further, the FCC Auctions Technical 

Support Hotline is another resource that 

provides technical assistance to 

applicants, including small entities, on 

issues such as access to or navigation 

within the electronic FCC Form 175 and 

use of the bidding system. 

271. The Commission also makes 

various databases and other sources of 

information, including the Auctions 

program websites and copies of 

Commission decisions, available to the 

public without charge, providing a lowcost mechanism for small entities to 

conduct research prior to and 

throughout the auction. Prior to the start 

of bidding, and at the close of Auction 

110, OEA will post public notices on the 

Auctions website that articulate the 

procedures and deadlines for the 

auction. The Commission makes this 

information easily accessible and 

without charge to benefit all Auction 

110 applicants, including small entities, 

thereby lowering their administrative 

costs to comply with the Commission’s 

competitive bidding rules. 

272. Another step taken to minimize 

the economic impact for small entities 

participating in Auction 110 is the 

Commission’s adoption of bidding 

credits for small businesses and rural 

service providers. In accordance with 

the service rules applicable to the 3.45 

GHz Service licenses to be offered in 

Auction 110, bidding credit discounts 

will be available to eligible small 

businesses and small business consortia 

on the following basis: (1) A bidder with 

attributed average annual gross revenues 

that do not exceed $55 million for the 

preceding five years is eligible to receive 

a 15% discount on its overall payment 

or (2) a bidder with attributed average 

annual gross revenues that do not 

exceed $20 million for the preceding 

five years is eligible to receive a 25% 

discount on its overall payment. Eligible 

applicants can receive only one of the 

available small business bidding 

credits—not both. 

273. An eligible rural service provider 

may request a 15% discount on its 

overall payment using a rural service 

provider bidding credit. To be eligible 

for a rural service provider bidding 

credit, an applicant must: (1) Be a 

service provider that is in the business 

of providing commercial 

communications services and, together 

with its controlling interests, affiliates, 

and the affiliates of its controlling 

interests, has fewer than 250,000 

combined wireless, wireline, 

broadband, and cable subscribers; and 

(2) serve predominantly rural areas. 

Rural areas are defined as counties with 

a population density of 100 or fewer 

persons per square mile. Eligible 

applicants can request either a small 

business bidding credit or a rural 

service provider bidding credit, but not 

both. 

274. The total amount of bidding 

credit discounts that may be awarded to 

an eligible small business is capped at 

$25 million and there is a $10 million 

cap on the total amount of bidding 

credit discounts that may be awarded to 

an eligible rural service provider. In 

addition, to create parity among eligible 

small businesses and rural service 

providers competing against each other 

in smaller markets, OEA and WTB 

adopt a $10 million cap on the overall 

amount of bidding credits that any 

winning designated entity may apply to 

winning licenses in PEAs with a 

population of 500,000 or less. Based on 

the technical characteristics of the 3.45– 

3.55 GHz band and OEA and WTB’s 

analysis of past auction data, OEA and 

WTB anticipate that the caps adopted in 

the Auction 110 Procedures Public 

Notice will allow the majority of small 

businesses to take full advantage of the 

bidding credit program, thereby 

lowering the relative costs of 

participation for small businesses. 

275. These procedures for the conduct 

of Auction 110 constitute the more 

specific implementation of the 

competitive bidding rules contemplated 

by parts 1 and 27 of the Commission’s 

rules and the underlying rulemaking 

orders, including the 3.45 GHz Second 

Report and Order and relevant 

competitive bidding orders, and are 

fully consistent therewith. 

276. Report to Congress. The 

Commission will send a copy of the 

Auction 110 Procedures Public Notice, 

including the Supplemental FRFA, in a 

report to Congress pursuant to the 

Congressional Review Act. In addition, 

the Commission will send a copy of the 

Auction 110 Procedures Public Notice, 

including the Supplemental FRFA, to 

the Chief Counsel for Advocacy of the 

SBA. 

Federal Communications Commission. 

William Huber, 

Associate Chief, Auctions Division, Office of 

Economics and Analytics. 

[FR Doc. 2021–12617 Filed 6–22–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 210616–0131] 

RIN 0648–BK25 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 2021 

Harvest Specifications for Pacific 

Whiting, and 2021 Pacific Whiting 

Tribal Allocation 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues this final rule to 

establish the 2021 harvest specifications 

and management measures for Pacific 

whiting caught in the U.S. Exclusive 

Economic Zone off the coasts of 

Washington, Oregon, and California 

consistent with the Magnuson-Stevens 

Fishery Conservation and Management 

Act, the Pacific Whiting Act of 2006, 

and other applicable laws. This rule also 

establishes the 2021 adjusted U.S. Total 

Allowable Catch (TAC), tribal and nontribal allocations, and research and 

bycatch set-asides. These measures are 

intended to help prevent overfishing, 

achieve optimum yield, ensure that 

management measures are based on the 

best scientific information available and 

ensure the long-term sustainability of 

Pacific whiting. 

DATES: Effective June 23, 2021. 

ADDRESSES: This final 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 NMFS website at 

https://www.fisheries.noaa.gov and at 

the Pacific Fishery Management 

Council’s website at http://

www.pcouncil.org/. 

FOR FURTHER INFORMATION CONTACT: 

Stacey Miller, phone: 503–231–6290, 

and email: Stacey.Miller@noaa.gov. 


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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations 32805 

SUPPLEMENTARY INFORMATION: 

Background 

The transboundary stock of Pacific 

whiting is managed through the 

agreement between the Government of 

the United States of America and the 

Government of Canada on Pacific Hake/ 

Whiting of 2003, Nov. 21, 2003, Treaties 

and Other International Act Series 

(TIAS) 08–625 (Agreement). NMFS 

issued a proposed rule on February 16, 

2021 (86 FR 9473) that describes the 

Agreement, including the establishment 

of F–40 percent default harvest rate, the 

explicit allocation of Pacific whiting 

coastwide total allowable catch (TAC) to 

the United States (73.88 percent) and 

Canada (26.12 percent), the bilateral 

bodies to implement the terms of the 

Agreement, including the Joint 

Management Committee (JMC), and the 

process used to determine the coastwide 

TAC under the Agreement. The 

proposed rule also proposed allocating 

17.5 percent of the U.S. TAC of Pacific 

whiting for 2021 to Pacific Coast Indian 

tribes that have a treaty right to harvest 

groundfish, and implementing setasides (750 metric tons (mt)) for Pacific 

whiting for research and incidental 

mortality in other fisheries. 

On March 15–17, the JMC and 

Advisory Panel (AP) met remotely to 

determine the 2021 coastwide TAC for 

Pacific whiting, however, they did not 

reach a bilateral agreement on the 

coastwide TAC. Given this lack of 

bilateral agreement, NMFS issued a 

revised proposed rule (86 FR 23659) on 

May 4, 2021 that included the 2021 

coastwide and U.S. TACs, as 

determined by NMFS under the Pacific 

Whiting Act of 2006 (Pacific Whiting 

Act), and the 2021 non-tribal sector 

allocation. The revised proposed rule 

also included the tribal allocation and 

set asides for research and incidental 

mortality in other fisheries that was 

included in the original proposed rule. 

This final rule establishes the 2021 

Pacific whiting harvest specifications, 

including the adjusted coastwide TAC 

of 500,000 mt and the adjusted U.S. 

TAC of 369,400 mt. The final rule also 

establishes the 2021 tribal allocation of 

17.5 percent of the U.S. TAC (64,645 

mt), allocations for the three non-tribal 

commercial whiting sectors, and setasides for research and incidental 

mortality of Pacific whiting as 

recommended by the Pacific Fishery 

Management Council (Council). The 

allocations for Pacific whiting are 

effective until December 31, 2021. 

2021 Pacific Whiting Harvest 

Specifications 

The 2021 JMC and AP met remotely 

March 15–17, 2021 but did not reach a 

bilateral agreement on the coastwide 

TAC. The Agreement does not specify a 

procedure for when the JMC does not 

agree on a coastwide TAC. However, the 

Pacific Whiting Act (16 U.S.C. 7006(c)) 

identifies procedures for when the JMC 

does not recommend a final coastwide 

TAC. The Pacific Whiting Act states that 

NMFS (as delegated by the Secretary of 

Commerce) should establish the Pacific 

whiting TAC, taking into account 

recommendations from the Pacific 

whiting treaty bodies, and the Council. 

The Pacific Whiting Act requires NMFS 

to base the coastwide TAC decision on 

the best scientific information available, 

and use the Agreement’s default harvest 

rate unless scientific information 

indicates a different rate is necessary to 

sustain the Pacific whiting resource. 

The Pacific Whiting Act also requires 

NMFS to establish the U.S. share of the 

TAC based on the U.S./Canada 

percentage split in the Agreement. 

Finally, the Pacific Whiting Act requires 

NMFS to make the necessary 

adjustments to the TAC specified in the 

Agreement. Paragraph 5 of Article II of 

the Agreement requires adjustments to 

the coastwide TAC to account for 

overages if either U.S. or Canadian catch 

in the previous year exceeded its 

individual TAC, or carryovers if U.S. or 

Canadian catch was less than its 

individual TAC in the previous year. 

Both the United States and Canada 

harvested less than their individual 

TACs in 2020, therefore carryover is 

applied to the 2021 individual TACs. 

Taking into account the percentage 

shares for each country (26.12 percent 

for Canada and 73.88 percent for the 

United States) and the adjustments for 

uncaught fish, as required by the Pacific 

Whiting Act, this final rule announces 

a final adjusted coastwide TAC of 

500,000 mt and a final adjusted TAC for 

the United States of 369,400 mt (314,320 

mt + 55,080 mt carryover adjustment). 

Following the Act’s criteria, NMFS 

analyzed a range of alternatives in the 

revised proposed rule (86 FR 23659; 

May 4, 2021) and determined a final 

adjusted coastwide TAC of 500,000 mt 

maintains the sustainability of the 

Pacific whiting stock and balances the 

economic needs of coastal communities. 

This TAC is well below the default level 

of F–40 percent and is supported by the 

recommendations from the JMC and its 

advisory bodies, and is consistent with 

the best scientific information available, 

provisions of the Agreement, and the 

Pacific Whiting Act. 

Tribal Allocations 

This final rule establishes the tribal 

allocation of Pacific whiting for 2021 as 

described in the revised proposed rule 

(86 FR 23659; May 4, 2021). Since 1996, 

NMFS has been allocating a portion of 

the U.S. TAC of Pacific whiting to the 

tribal fishery. Regulations for the Pacific 

Coast Groundfish Fishery Management 

Plan (FMP) specify that the tribal 

allocation is subtracted from the total 

U.S. Pacific whiting TAC. The tribal 

Pacific whiting fishery is managed 

separately from the non-tribal Pacific 

whiting fishery and is not governed by 

limited entry or open access regulations 

or allocations. NMFS is establishing the 

2021 tribal allocation as 64,645 mt (17.5 

percent of the U.S. TAC) in this final 

rule. 

In 2009, NMFS, the states of 

Washington and Oregon, and the tribes 

with treaty rights to harvest Pacific 

whiting started a process to determine 

the long-term tribal allocation for Pacific 

whiting; however, no long-term 

allocation has been determined. While 

new scientific information or 

discussions with the relevant parties 

may impact that decision, the best 

available scientific information to date 

suggests that 64,645 mt is within the 

likely range of potential treaty right 

amounts. As with prior tribal Pacific 

whiting allocations, this final rule is not 

intended to establish precedent for 

future Pacific whiting seasons, or for the 

determination of the total amount of 

Pacific whiting to which the Tribes are 

entitled under their treaty right. Rather, 

this rule adopts an interim allocation. 

The long-term tribal treaty amount will 

be based on further development of 

scientific information and additional 

coordination and discussion with and 

among the coastal tribes and the states 

of Washington and Oregon. 

Harvest Guidelines and Allocations 

This final rule establishes the fishery 

harvest guideline (HG), also called the 

non-tribal allocation, as described in the 

revised proposed rule published on May 

4, 2021 (86 FR 23659). The 2021 fishery 

HG for Pacific whiting is 304,005 mt. 

This amount was determined by 

deducting the 64,645 mt tribal 

allocation and the 750 mt allocation for 

scientific research catch and fishing 

mortality in non-groundfish fisheries 

from the total U.S. TAC of 369,400 mt. 

The Council recommends the research 

and bycatch set-aside on an annual 

basis, based on estimates of scientific 

research catch and estimated bycatch 

mortality in non-groundfish fisheries. 

The regulations further allocate the 

fishery HG among the three non-tribal 


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32806 Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations 

sectors of the Pacific whiting fishery: 

The catcher/processor (C/P) Coop 

Program, the Mothership (MS) Coop 

Program, and the Shorebased Individual 

Fishing Quota (IFQ) Program. The C/P 

Coop Program is allocated 34 percent 

(103,362 mt for 2021), the MS Coop 

Program is allocated 24 percent (72,961 

mt for 2021), and the Shorebased IFQ 

Program is allocated 42 percent (127,682 

mt for 2021). The fishery south of 42° 

N lat. may not take more than 6,384 mt 

(5 percent of the Shorebased IFQ 

Program allocation) prior to May 15, the 

start of the primary Pacific whiting 

season north of 42° N lat. 

TABLE 1—2021 U.S. PACIFIC WHITING

TOTAL ALLOWABLE CATCH AND ALLOCATIONS IN METRIC TONS

2021 Pacific 

whiting harvest 

specifications 

(mt) 

Adjusted U.S. TAC ............... 369,400 

Tribal ..................................... 64,645 

Catcher/Processor (C/P) 

Coop Program ................... 103,362 

Mothership (MS) Coop Program .................................. 72,961 

Shorebased IFQ Program .... 127,682 

Comments and Responses 

NMFS issued a proposed rule on 

February 16, 2021 (86 FR 9473) that 

proposed allocating 17.5 percent of the 

U.S. TAC of Pacific whiting for 2021 to 

Pacific Coast Indian tribes that have a 

treaty right to harvest groundfish, and 

implement set-asides (750 mt) for 

Pacific whiting for research and 

incidental mortality in other fisheries. 

The comment period on the proposed 

rule closed on March 18, 2021. NMFS 

did not receive any public comments. 

On May 4, 2021, NMFS issued a revised 

proposed rule to include additional 

actions due to the lack of a bilateral 

agreement on the 2021 Pacific whiting 

coastwide TAC by the JMC under the 

Agreement. The revised proposed rule 

included the 2021 adjusted coastwide 

TAC and U.S. TAC for Pacific whiting 

as determined by NMFS under the 

Pacific Whiting Act, the non-tribal 

sector allocations, and the tribal 

allocation and set-asides included in the 

original proposed rule. We requested 

public comment on these proposed 

actions through May 19, 2021 but 

received no public comments during the 

comment period. 

Changes From the Proposed Rule 

NMFS has not made any changes to 

the proposed regulatory text and there 

are no substantive changes from the 

revised proposed rule. 

Classification 

The Administrator, West Coast 

Region, NMFS, determined that the final 

rule is necessary for the conservation 

and management of the Pacific whiting 

and that it is consistent with section 

304(b)(1)(A) and 305(d), and other 

provisions of the Magnuson-Stevens 

Fishery Conservation and Management 

Act, the Pacific Coast Groundfish FMP, 

and other applicable laws. 

Pursuant to 5 U.S.C. 553(d)(3), the 

NMFS Assistant Administrator finds 

good cause to waive the 30-day delay in 

the date of effectiveness for this final 

rule because such a delay would be 

contrary to the public interest. If this 

final rule were delayed by 30 days, 

Pacific coast whiting fishermen would 

not be able to fish under the final catch 

limits for Pacific whiting for that time 

period, and not be able to realize the full 

level of economic opportunity this rule 

provides. Waiving the 30-day delay in 

the date of effectiveness will allow this 

final rule to more fully benefit the 

fishery through increased fishing 

opportunities as described in the 

preamble of this rule. 

In addition, because this rule 

increases catch limits for Pacific whiting 

compared to the interim allocation the 

fishery is currently operating under, it 

therefore also falls within the 5 U.S.C. 

553(d)(1) exception to the 30-day delay 

in the date of effectiveness requirement. 

The Pacific whiting fishery season 

began fishing on May 15, 2021 under 

interim allocations based on the lowest 

coastwide TAC considered in the 

revised proposed rule. This final rule 

implements a higher TAC for Pacific 

whiting and implementing the rule 

upon publication provides the whiting 

fleet more opportunity and greater 

flexibility to harvest the optimal yield. 

Waiving the 30-day delay in 

effectiveness will not have a negative 

impact on any entities, as there are no 

new compliance requirements or other 

burdens placed on the fishing 

community with this rule. Making this 

rule effective immediately would also 

serve the best interests of the public 

because it will allow for the longest 

possible fishing season for Pacific 

whiting and therefore the best possible 

economic outcome for those whose 

livelihoods depend on this fishery. 

Because the 30-day delay in 

effectiveness would potentially cause 

significant financial harm without 

providing any corresponding benefits, 

this final rule is effective upon 

publication in the Federal Register. 

The Office of Management and Budget 

has determined that this proposed rule 

is not significant for purposes of 

Executive Order 12866. 

A range of potential harvest levels for 

Pacific whiting have been considered 

under the Final Environmental Impact 

Statement for Harvest Specifications 

and Management Measures for 2015– 

2016 and Biennial Periods thereafter 

(2015/16 FEIS). The 2015/16 FEIS 

examined the harvest specifications and 

management measures for 2015–16 and 

10 year projections for routinely 

adjusted harvest specifications and 

management measures. The 10 year 

projections were produced to evaluate 

the impacts of the ongoing 

implementation of harvest 

specifications and management 

measures and to evaluate the impacts of 

the routine adjustments that are the 

main component of each biennial cycle. 

The Environmental Assessment for 

Amendment 29 to the Pacific Coast 

Groundfish Fishery Management Plan 

and 2021–22 Harvest Specifications and 

Management Measures (2021–22 EA) for 

the 2021–22 cycle tiers from the 2015/ 

16 FEIS and focuses on the harvest 

specifications and management 

measures for Pacific coast groundfish 

stocks that were not within the scope of 

the 10 year projections in the 2015/16 

FEIS. The 2015/16 FEIS and 2021–22 

EA are available from NMFS (see 

ADDRESSES). 

Final Regulatory Flexibility Analysis 

NMFS published a revised proposed 

rule on May 4, 2021 (86 FR 23659), for 

the 2021 Harvest Specifications for 

Pacific Whiting, and 2021 tribal 

allocation for Pacific whiting. An Initial 

Regulatory Flexibility Analysis (IRFA) 

was prepared and summarized in the 

Classification section of the preamble to 

the revised proposed rule. The comment 

period on the revised proposed rule 

ended on May 19, 2021. NMFS did not 

receive any public comments on the 

revised proposed rule. The Chief 

Counsel for Advocacy of the Small 

Business Administration (SBA) did not 

file any comments on the IRFA or the 

revised proposed rule. The description 

of this action, its purpose, and its legal 

basis are described in the preamble to 

the revised proposed rule and are not 

repeated here. A Final Regulatory 

Flexibility Analysis (FRFA) was 

prepared and incorporates the IRFA. 

There were no public comments 

received on the IRFA. NMFS also 

prepared a RIR for this action. A copy 

of the RIR/FRFA is available from 

NMFS (see ADDRESSES). A summary of 

the FRFA, per the requirements of 5 

U.S.C. 604 follows. 


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Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations 32807 

Under the Regulatory Flexibility Act 

(RFA), the term ‘‘small entities’’ 

includes small businesses, small 

organizations, and small governmental 

jurisdictions. The Small Business 

Administration has established size 

criteria for entities involved in the 

fishing industry that qualify as small 

businesses. A business involved in fish 

harvesting is a small business if it is 

independently owned and operated and 

not dominant in its field of operation 

(including its affiliates) and if it has 

combined annual receipts, not in excess 

of $11 million for all its affiliated 

operations worldwide (see 80 FR 81194, 

December 29, 2015). A wholesale 

business servicing the fishing industry 

is a small business if it employs 100 or 

fewer persons on a full time, part time, 

temporary, or other basis, at all its 

affiliated operations worldwide. A small 

organization is any nonprofit enterprise 

that is independently owned and 

operated and is not dominant in its 

field. Effective February 26, 2016, a 

seafood processor is a small business if 

it is independently owned and operated, 

not dominant in its field of operation, 

and employs 750 or fewer persons on a 

full time, part time, temporary, or other 

basis, at all its affiliated operations 

worldwide (See NAICS 311710 at 81 FR 

4469; January 26, 2016). For purposes of 

rulemaking, NMFS is also applying the 

seafood processor standard to catcher 

processors because whiting C/Ps earn 

the majority of the revenue from 

processed seafood product. 

A Summary of the Significant Issues 

Raised by the Public in Response to the 

IRFA, a Summary of the Agency’s 

Assessment of Such Issues, and a 

Statement of Any Changes Made in the 

Final Rule as a Result of Such 

Comments 

No public comments were received on 

the revised proposed rule. 

Description and Estimate of the Number 

of Small Entities to Which the Rule 

Applies, and Estimate of Economic 

Impacts by Entity Size and Industry 

This final rule establishes the 

adjusted coastwide and U.S. TACs and 

affects how Pacific whiting is allocated 

to the following sectors/programs: 

Tribal, Shorebased IFQ Program Trawl 

Fishery, MS Coop Program Whiting Atsea Trawl Fishery, and C/P Coop 

Program Whiting At-sea Trawl Fishery. 

The amount of Pacific whiting allocated 

to these sectors is based on the adjusted 

U.S. TAC. 

We expect one tribal entity to fish for 

Pacific whiting in 2021. Tribes are not 

considered small entities for the 

purposes of RFA. Impacts to tribes are 

nevertheless considered in this analysis. 

As of January 2021, the Shorebased 

IFQ Program is composed of 166 Quota 

Share permits/accounts (134 of which 

were allocated whiting quota pounds), 

and 35 first receivers, one of which is 

designated as whiting-only receivers 

and 11 that may receive both whiting 

and non-whiting. 

These regulations also directly affect 

participants in the MS Co-op Program, 

a general term to describe the limited 

access program that applies to eligible 

harvesters and processors in the MS 

sector of the Pacific whiting at-sea trawl 

fishery. This program consists of six MS 

processor permits, and a catcher vessel 

fleet currently composed of a single coop, with 34 Mothership/Catcher Vessel 

(MS/CV) endorsed permits. Three MS/ 

CV permits each have two catch history 

assignments, and the remaining MS/CV 

permits each have one catch history 

assignment. 

These regulations also directly affect 

the C/P Co-op Program, composed of 10 

C/P endorsed permits owned by three 

companies that have formed a single 

coop. These co-ops are considered large 

entities from several perspectives; they 

have participants that are large entities, 

and have in total more than 750 

employees worldwide including 

affiliates. 

Although there are three non-tribal 

sectors, many companies participate in 

two sectors and some participate in all 

three sectors. As part of the permit 

application processes for the non-tribal 

fisheries, based on a review of the Small 

Business Administration size criteria, 

permit applicants are asked if they 

considered themselves a ‘‘small’’ 

business, and they are asked to provide 

detailed ownership information. Data on 

employment worldwide, including 

affiliates, are not available for these 

companies, which generally operate in 

Alaska as well as the West Coast and 

may have operations in other countries 

as well. NMFS has limited entry permit 

holders self-report size status. For 2021, 

all 10 CP permits, 3 MS permits and 8 

mothership catcher vessels reported 

they are not small businesses. There is 

substantial, but not complete overlap 

between permit ownership and vessel 

ownership so there may be a small 

number of additional small entity vessel 

owners who will be impacted by this 

rule. After accounting for cross 

participation, multiple Quota Share 

account holders, and affiliation through 

ownership, NMFS estimates that there 

are 103 non-tribal entities directly 

affected by these proposed regulations, 

89 of which are considered ‘‘small’’ 

businesses. 

This rule will allocate Pacific whiting 

between tribal and non-tribal harvesters 

(a mixture of small and large 

businesses). Tribal fisheries consist of a 

mixture of fishing activities that are 

similar to the activities that non-tribal 

fisheries undertake. Tribal harvests may 

be delivered to both shoreside plants 

and motherships for processing. These 

processing facilities also process fish 

harvested by non-tribal fisheries. The 

effect of the tribal allocation on nontribal fisheries will depend on the level 

of tribal harvests relative to their 

allocation and the reapportionment 

process. If the tribes do not harvest their 

entire allocation, there are opportunities 

during the year to reapportion 

unharvested tribal amounts to the nontribal fleets. For example, in 2020 NMFS 

reapportioned 40,000 mt of the original 

74,342 mt tribal allocation. This 

reapportionment was based on 

conversations with the tribes and the 

best information available at the time, 

which indicated that this amount would 

not limit tribal harvest opportunities for 

the remainder of the year. The 

reapportioning process allows 

unharvested tribal allocations of Pacific 

whiting to be fished by the non-tribal 

fleets, benefitting both large and small 

entities. The revised Pacific whiting 

allocations for 2020 following the 

reapportionment were: Tribal 34,342 mt, 

C/P Co-op 132,249 mt; MS Co-op 93,352 

mt; and Shorebased IFQ Program 

163,367 mt. 

The prices for Pacific whiting are 

largely determined by the world market 

because most of the Pacific whiting 

harvested in the United States is 

exported. The U.S. Pacific whiting TAC 

is highly variable, as have been 

subsequent harvests and ex-vessel 

revenues. For the years 2016 to 2020, 

the total Pacific whiting fishery (tribal 

and non-tribal) harvested on average 

303,782 mt annually. The 2020 U.S. 

non-tribal fishery had a Pacific whiting 

catch of approximately 287,400 mt, and 

the tribal fishery landed less than 200 

mt. 

Impacts to the U.S. non-tribal fishery 

are measured with an estimate of exvessel revenue. The NMFS proposed 

adjusted coastwide TAC of 500,000 mt 

would result in an adjusted U.S. TAC of 

369,400 mt and U.S. non-tribal harvest 

guideline of 304,005 mt. Using the 2020 

weighted-average non-tribal Oregon 

shoreside price per metric ton (e.g. $154 

per metric ton), and assuming full 

utilization, the TAC of 500,000 mt is 

estimated to result in a projected exvessel revenue of $46.9 million for the 

U.S. non-tribal fishing fleet. The low 

and high range of the coastwide TAC 

NMFS considered (475,000 mt and 


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32808 Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations 

565,191 mt, respectively) is estimated to 

result in a projected ex-vessel revenue 

range of $44.5 million to $53 million, 

respectively, assuming full utilization of 

the TAC. 

Impacts to tribal catcher vessels who 

elect to participate in the tribal fishery 

are measured with an estimate of exvessel revenue. In lieu of more complete 

information on tribal deliveries, total exvessel revenue is estimated with the 

2020 average non-tribal Oregon 

shoreside ex-vessel price of Pacific 

whiting, which was $154 per metric ton. 

At that price, the 2020 tribal allocation 

of 64,645 mt would have an ex-vessel 

value of $10 million. 

Description of Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements 

There are no reporting, recordkeeping 

or other compliance requirements in the 

final rule. No Federal rules have been 

identified that duplicate, overlap, or 

conflict with this action. 

Description of the Steps the Agency Has 

Taken To Minimize the Significant 

Economic Impact on Small Entities 

Consistent With the Stated Objectives of 

Applicable Statutes 

This action determines the 2021 

adjusted coastwide TAC of 500,000 mt, 

with a corresponding adjusted U.S. TAC 

of 369,400 mt. NMFS considered a ‘‘No 

Action’’ alternative as well as a range of 

alternatives for setting the Pacific 

whiting coastwide TAC. NMFS 

considered setting the coastwide TAC 

between 475,000 mt to 565,191 mt. A 

coastwide TAC at the bottom of the 

range (475,000 mt) may provide less 

economic opportunity for 2021 as 

compared to a coastwide TAC of 

500,000 mt. A higher coastwide TAC of 

565,191 mt may offer an increased 

economic opportunity for 2021 as 

compared to a coastwide TAC of 

500,000 mt. However, the 2021 stock 

assessment projections indicate this 

higher catch levels may result in nearterm stock biomass declines below 

target levels. This is contrary to the 

Pacific Whiting Act and Agreement, 

which requires sustainable management 

of the Pacific whiting resource. Under 

the no action alternative, NMFS would 

not set a coastwide TAC, which would 

not fulfill NMFS’ responsibility to 

manage the U.S. fishery. Therefore this 

alternative received no further 

consideration. 

NMFS considered two alternatives for 

the Pacific whiting tribal allocation: the 

‘‘No Action’’ and the ‘‘Proposed 

Action.’’ NMFS did not consider a 

broader range of alternatives to the 

proposed tribal allocation because the 

tribal allocation is a percent of the 

adjusted U.S. TAC and is based 

primarily on the requests of the tribes. 

These requests reflect the level of 

participation in the fishery that will 

allow them to exercise their treaty right 

to fish for Pacific whiting. 

Under the Proposed Action 

alternative, NMFS proposes to set the 

tribal allocation percentage at 17.5 

percent, as requested by the Tribes. This 

would yield a tribal allocation of 64,645 

mt for 2021. Consideration of a 

percentage lower than the tribal request 

of 17.5 percent is not appropriate in this 

instance. As a matter of policy, NMFS 

has historically supported the harvest 

levels requested by the Tribes. Based on 

the information available to NMFS, the 

tribal request is within their tribal treaty 

rights. A higher percentage would 

arguably also be within the scope of the 

treaty right. However, a higher 

percentage would unnecessarily limit 

the non-tribal fishery. 

Under the no action alternative, 

NMFS would not make an allocation to 

the tribal sector. This alternative was 

considered, but the regulatory 

framework provides for a tribal 

allocation on an annual basis only. 

Therefore, the no action alternative 

would result in no allocation of Pacific 

whiting to the tribal sector in 2021, 

which would be inconsistent with 

NMFS’ responsibility to manage the 

fishery consistent with the Tribes’ treaty 

rights. Given that there is a tribal 

request for allocation in 2021, this 

alternative received no further 

consideration. 

Regulatory Flexibility Act (RFA) 

Determination of No Significant Impact 

NMFS determined this rule does not 

adversely affect small entities. The 

reapportioning process allows 

unharvested tribal allocations of Pacific 

whiting, fished by small entities, to be 

fished by the non-tribal fleets, 

benefitting both large and small entities. 

Small Entity Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. A small entity 

compliance guide will be sent to 

stakeholders, and copies of the final rule 

and guides (i.e., information bulletins) 

are available from NMFS at the 

following website: https://

www.fisheries.noaa.gov/species/pacificwhiting#management. 

Consultation and Coordination With 

Indian Tribal Governments 

Pursuant to Executive Order 13175, 

this final rule was developed after 

meaningful consultation and 

collaboration with tribal officials from 

the area covered by the Pacific Coast 

Groundfish FMP. Under the MagnusonStevens Act at 16 U.S.C. 1852(b)(5), one 

of the voting members of the Pacific 

Council must be a representative of an 

Indian tribe with federally recognized 

fishing rights from the area of the 

Council’s jurisdiction. In addition, 

regulations implementing the Pacific 

Coast Groundfish FMP establish a 

procedure by which the tribes with 

treaty fishing rights in the area covered 

by the Pacific Coast Groundfish FMP 

request new allocations or regulations 

specific to the tribes, in writing, before 

the first of the two meetings at which 

the Council considers groundfish 

management measures. The regulations 

at 50 CFR 660.324(d) further state, the 

Secretary will develop tribal allocations 

and regulations under this paragraph in 

consultation with the affected tribe(s) 

and, insofar as possible, with tribal 

consensus. The tribal management 

measures in this final rule have been 

developed following these procedures. 

With this final rule, NMFS, acting on 

behalf of the Secretary, determined that 

the FMP is implemented in a manner 

consistent with treaty rights of four 

Treaty Tribes to fish in their ‘‘usual and 

accustomed grounds and stations’’ in 

common with non-tribal citizens. 

United States v. Washington, 384 F. 

Supp. 313 (W.D. Wash. 1974). 

This final rule contains no 

information collection requirements 

under the Paperwork Reduction Act of 

1995. 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, Indian fisheries. 

Dated: June 17, 2021. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 660 is amended 

as follows: 

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. 


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■ 2. In § 660.50, revise paragraph (f)(4) 

to read as follows: 

§ 660.50 Pacific Coast treaty Indian 

fisheries. 

* * * * * 

(f) * * * 

(4) Pacific whiting. The tribal 

allocation for 2021 is 64,645 mt. 

* * * * * 

■ 3. Revise Table 1a to part 660, subpart 

C, to read as follows: 

TABLE 1a TO PART 660, SUBPART C—2021, SPECIFICATIONS OF OFL, ABC, ACL, ACT AND FISHERY HG (WEIGHTS IN

METRIC TONS) CAPITALIZED STOCKS ARE REBUILDING

Stocks Area OFL ABC ACL a/ Fishery HG b/

Yelloweye Rockfish c/ ........................ Coastwide ......................................... 97 83 50 41.2 

Arrowtooth Flounder d/ ...................... Coastwide ......................................... 13,551 9,933 9,933 7,837.9 

Big Skate e/ ........................................ Coastwide ......................................... 1,690 1,477 1,477 1,419.7 

Black Rockfish f/ ................................ California (S of 42° N lat) ................. 379 348 348 345.7 

Black Rockfish g/ ............................... Washington (N of 46°16′ N lat) ........ 319 293 293 274.9 

Bocaccio h/ ......................................... S of 40°10′ N lat ............................... 1,887 1,748 1,748 1,700.2 

Cabezon i/ .......................................... California (S of 42° N lat) ................. 225 210 210 208.7 

California Scorpionfish j/ .................... S of 34°27′ N lat ............................... 319 291 291 287.1 

Canary Rockfish k/ ............................. Coastwide ......................................... 1,459 1,338 1,338 1,268.6 

Chilipepperl/ ...................................... S of 40°10′ N lat ............................... 2,571 2,358 2,358 2,260.3 

Cowcod m/ .......................................... S of 40°10′ N lat ............................... 114 84 84 72.8 

Cowcod ...................................... (Conception) ..................................... 95 72 NA NA 

Cowcod ...................................... (Monterey) ........................................ 19 11 NA NA 

Darkblotched Rockfish n/ ................... Coastwide ......................................... 953 882 882 862.9 

Dover Sole o/ ..................................... Coastwide ......................................... 93,547 84,192 50,000 48,402.8 

English Sole p/ ................................... Coastwide ......................................... 11,107 9,175 9,175 8,924.37 

Lingcod q/ ........................................... N of 40°10′ N lat .............................. 5,816 5,386 5,369 5,090.6 

Lingcod r/ ........................................... S of 40°10′ N lat ............................... 1,255 1,162 1,102 1,089 

Longnose Skate s/ ............................. Coastwide ......................................... 2,086 1,823 1,823 1,571.6 

Longspine Thornyhead t/ ................... N of 34°27′ N lat .............................. 5,097 3,466 2,634 2,580.3 

Longspine Thornyhead u/ .................. S of 34°27′ N lat ............................... ........................ ........................ 832 829.8 

Pacific Cod v/ ..................................... Coastwide ......................................... 3,200 1,926 1,600 1,093.9 

Pacific Ocean Perch w/ ...................... N of 40°10′ N lat .............................. 4,497 3,854 3,854 3,829.3 

Pacific Whiting x/ ................................ Coastwide ......................................... 565,191 (x/) (x/) 304,005 

Petrale Sole y/ .................................... Coastwide ......................................... 4,402 4,115 4,115 3,727.5 

Sablefish z/ ......................................... N of 36° N lat ................................... 9,402 8,791 6,892 See Table 1c 

Sablefish aa/ ....................................... S of 36° N lat ................................... ........................ ........................ 1,899 1,871.6 

Shortspine Thornyhead bb/ ................ N of 34°27′ N lat .............................. 3,211 2,183 1,428 1,349.6 

Shortspine Thornyhead cc/ ................ S of 34°27′ N lat ............................... ........................ ........................ 756 749.3 

Spiny Dogfish dd/ ............................... Coastwide ......................................... 2,479 1,621 1,621 1,277 

Splitnose ee/ ....................................... S of 40°10′ N lat ............................... 1,868 1,666 1,666 1,647.6 

Starry Flounderff/ .............................. Coastwide ......................................... 652 392 392 343.6 

Widow Rockfish gg/ ............................ Coastwide ......................................... 15,749 14,725 14,725 14,476.7 

Yellowtail Rockfish hh/ ........................ N of 40°10′ N lat .............................. 6,534 6,050 6,050 5,012.5 

Stock Complexes 

Blue/Deacon/Black Rockfish ii/ .......... Oregon ............................................. 676 603 603 600.7 

Cabezon/Kelp Greenling jj/ ................ Oregon ............................................. 215 198 198 197.8 

Cabezon/Kelp Greenling kk/ ............... Washington ...................................... 25 20 20 18.0 

Nearshore Rockfish North ll/ .............. N of 40°10′ N lat .............................. 94 79 79 75.9 

Nearshore Rockfish South mm/ .......... S of 40°10′ N lat ............................... 1,232 1,016 1,016 1,011.6 

Other Fish nn/ ..................................... Coastwide ......................................... 286 223 223 201.7 

Other Flatfish oo/ ................................ Coastwide ......................................... 7,714 4,802 4,802 4,581.1 

Shelf Rockfish North pp/ ..................... N of 40°10′ N lat .............................. 1,888 1,511 1,511 1,438.7 

Shelf Rockfish South qq/ .................... S of 40°10′ N lat ............................... 1,842 1,439 1,438 1,305.2 

Slope Rockfish North rr/ ..................... N of 40°10′ N lat .............................. 1,862 1,595 1,595 1,529.1 

Slope Rockfish South ss/ ................... S of 40°10′ N lat ............................... 873 709 709 670.1 

a/Annual catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total catch values. b/Fishery HGs means the HG or quota after subtracting Pacific Coast treaty Indian tribes allocations and projected catch, projected research 

catch, deductions for fishing mortality in non-groundfish fisheries, and deductions for EFPs from the ACL or ACT. c/Yelloweye rockfish. The 50 mt ACL is based on the current rebuilding plan with a target year to rebuild of 2029 and an SPR harvest rate of 

65 percent. 8.85 mt is deducted from the ACL to accommodate the Tribal fishery (5 mt), EFP catch (0.24 mt), research (2.92 mt), and the incidental open access fishery (0.69 mt) resulting in a fishery HG of 41.2 mt. The non-trawl HG is 37.9 mt. The combined non-nearshore/nearshore 

HG is 7.9 mt. Recreational HGs are: 9.7 mt (Washington); 8.8 mt (Oregon); and 11.4 mt (California). In addition, the non-trawl ACT is 29.5, and 

the combined non-nearshore/nearshore ACT is 6.2 mt. Recreational ACTs are: 7.5 mt (Washington), 6.9 (Oregon), and 8.9 mt (California). d/Arrowtooth flounder. 2,095.08 mt is deducted from the ACL to accommodate the Tribal fishery (2,041 mt), EFP fishing (0.1 mt), research 

(12.98 mt) and incidental open access (41 mt), resulting in a fishery HG of 7,837.9 mt. e/Big skate. 57.31 mt is deducted from the ACL to accommodate the Tribal fishery (15 mt), EFP fishing (0.1 mt), and research catch (5.49 mt), 

and incidental open access (36.72 mt), resulting in a fishery HG of 1,419.7 mt. f/Black rockfish (California). 2.26 mt is deducted from the ACL to accommodate EFP fishing (1.0 mt), research (0.08 mt), and incidental open 

access (1.18 mt), resulting in a fishery HG of 345.7 mt. g/Black rockfish (Washington). 18.1 mt is deducted from the ACL to accommodate the Tribal fishery (18 mt) and research catch (0.1 mt), resulting in a fishery HG of 274.9 mt. 


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h/Bocaccio south of 40°10′ N lat. 47.82 mt is deducted from the ACL to accommodate EFP catch (40 mt), research (5.6 mt), and incidental 

open access (2.22 mt), resulting in a fishery HG of 1,700.2 mt. The combined non-nearshore and nearshore HG is 320.2 mt. The California recreational fishery HG is 716.2 mt. i/ Cabezon (California). 1.28 mt is deducted from the ACL to accommodate EFP (1 mt), research (0.02 mt), and incidental open access fishery 

(0.26 mt), resulting in a fishery HG of 208.7 mt. 

j/ California scorpionfish south of 34°27′ N lat. 3.89 mt is deducted from the ACL to accommodate research (0.18 mt) and the incidental open 

access fishery (3.71 mt), resulting in a fishery HG of 287.1 mt. k/ Canary rockfish. 69.39 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), EFP catch (8 mt), and research catch (10.08 

mt), and the incidental open access fishery (1.31 mt), resulting in a fishery HG of 1,268.6 mt. The combined nearshore/non-nearshore HG is 

126.6 mt. Recreational HGs are: 43.3 mt (Washington); 65.1 mt (Oregon); and 116.7 mt (California). l/ Chilipepper rockfish south of 40°10′ N lat. 97.7 mt is deducted from the ACL to accommodate EFP fishing (70 mt), research (14.04 mt), the 

incidental open access fishery (13.66 mt), resulting in a fishery HG of 2,260.3 mt. m/ Cowcod south of 40°10′ N lat. 11.17 mt is deducted from the ACL to accommodate EFP fishing (1.0 mt), research (10 mt), and incidental 

open access (0.17 mt), resulting in a fishery harvest guideline of 72.8 mt. A single ACT of 50 mt is being set for the Conception and Monterey 

areas combined. n/ Darkblotched rockfish. 19.06 mt is deducted from the ACL to accommodate the Tribal fishery (0.2 mt), EFP catch (0.6 mt), and research 

catch (8.46 mt), and the incidental open access fishery (9.8 mt) resulting in a fishery HG of 862.9 mt. o/ Dover sole. 1,597.21 mt is deducted from the ACL to accommodate the Tribal fishery (1,497 mt), EFP fishing (0.1 mt), research (50.84 mt), 

and incidental open access (49.27 mt), resulting in a fishery HG of 48,402.8 mt. p/English sole. 250.63 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), EFP fishing (0.1 mt), research (8.01 mt), and 

the incidental open access fishery (42.52 mt), resulting in a fishery HG of 8,924.37 mt. q/ Lingcod north of 40°10′ N lat. 278.38 mt is deducted from the ACL for the Tribal fishery (250 mt), EFP catch (0.1 mt), research (16.6 mt), 

and the incidental open access fishery (11.68 mt) resulting in a fishery HG of 5,090.6 mt. r/ Lingcod south of 40°10′ N lat. 13 mt is deducted from the ACL to accommodate EFP catch (1.5 mt), research (3.19 mt), and incidental open 

access fishery (8.31 mt), resulting in a fishery HG of 1,089 mt. s/ Longnose skate. 251.40 mt is deducted from the ACL to accommodate the Tribal fishery (220 mt), EFP catch (0.1 mt), and research catch 

(12.46 mt), and incidental open access fishery (18.84 mt), resulting in a fishery HG of 1,571.6 mt. t/ Longspine thornyhead north of 34°27′ N lat. 53.71 mt is deducted from the ACL to accommodate the Tribal fishery (30 mt), research catch 

(17.49 mt), and the incidental open access fishery (6.22 mt), resulting in a fishery HG of 2,580.3 mt. u/ Longspine thornyhead south of 34°27′ N lat. 2.24 mt is deducted from the ACL to accommodate research catch (1.41 mt) and the incidental 

open access fishery (0.8 mt), resulting in a fishery HG of 829.6 mt. v/Pacific cod. 506.1 mt is deducted from the ACL to accommodate the Tribal fishery (500 mt), EFP fishing (0.1 mt), research catch (5.47 mt), 

and the incidental open access fishery (0.53 mt), resulting in a fishery HG of 1,093.9 mt. w/Pacific ocean perch north of 40°10′ N lat. 24.73 mt is deducted from the ACL to accommodate the Tribal fishery (9.2 mt), EFP fishing (0.1 

mt), research catch (5.39 mt), and the incidental open access fishery (10.04 mt), resulting in a fishery HG of 3,829.3 mt. x/Pacific whiting. The 2021 OFL of 565,191 mt is based on the 2021 assessment with an F40 percent of FMSY proxy. The 2021 coastwide adjusted Total Allowable Catch (TAC) is 500,000 mt. The U.S. TAC is 73.88 percent of the coastwide TAC. The 2021 adjusted U.S. TAC is 

369,400 mt (314,320 mt unadjusted TAC + 55,080 mt carryover adjustment). From the adjusted U.S. TAC, 64,645 mt is deducted to accommodate the Tribal fishery, and 750 mt is deducted to accommodate research and bycatch in other fisheries, resulting in a 2021 fishery HG of 

304,005 mt. The TAC for Pacific whiting is established under the provisions of the Agreement with Canada on Pacific Hake/Whiting and the Pacific Whiting Act of 2006, 16 U.S.C. 7001–7010, and the international exception applies. Therefore, no ABC or ACL values are provided for Pacific whiting. y/Petrale sole. 387.54 mt is deducted from the ACL to accommodate the Tribal fishery (350 mt), EFP catch (0.1 mt), research (24.14 mt), and 

the incidental open access fishery (13.3 mt), resulting in a fishery HG of 3,727.5 mt. z/Sablefish north of 36° N lat. This coastwide ACL value is not specified in regulations. The coastwide ACL value is apportioned north and 

south of 36° N lat., using a rolling 5-year average estimated swept area biomass from the NMFS NWFSC trawl survey, with 78.4 percent apportioned north of 36° N lat. and 21.6 percent apportioned south of 36° N lat. The northern ACL is 6,892 mt and is reduced by 689.2 mt for the Tribal allocation (10 percent of the ACL north of 36° N lat.). The 689.2 mt Tribal allocation is reduced by 1.7 percent to account for discard mortality. 

Detailed sablefish allocations are shown in Table 1c. aa/Sablefish south of 36° N lat. The ACL for the area south of 36° N lat. is 1,899 mt (21.6 percent of the calculated coastwide ACL value). 27.4 

mt is deducted from the ACL to accommodate research (2.40 mt) and the incidental open access fishery (25 mt), resulting in a fishery HG of 

1,871.6 mt. bb/Shortspine thornyhead north of 34°27′ N lat. 78.4 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), EFP catch (0.1 

mt), and research catch (10.48 mt), and the incidental open access fishery (17.82 mt), resulting in a fishery HG of 1,349.6 mt for the area north 

of 34°27′ N lat. cc/Shortspine thornyhead south of 34°27′ N lat. 6.71 mt is deducted from the ACL to accommodate research catch (0.71 mt) and the incidental 

open access fishery (6 mt), resulting in a fishery HG of 749.3 mt for the area south of 34°27′ N lat. dd/Spiny dogfish. 344 mt is deducted from the ACL to accommodate the Tribal fishery (275 mt), EFP catch (1.1 mt), research (34.27 mt), and 

the incidental open access fishery (33.63 mt), resulting in a fishery HG of 1,277 mt. ee/Splitnose rockfish south of 40°10′ N lat. 18.42 mt is deducted from the ACL to accommodate EFP catch (1.5 mt), research (11.17 mt), and 

the incidental open access fishery (5.75 mt), resulting in a fishery HG of 1,647.6 mt. ff/Starry flounder. 48.38 mt is deducted from the ACL to accommodate the Tribal fishery (2 mt), EFP catch (0.1 mt), research (0.57 mt), and 

the incidental open access fishery (45.71 mt), resulting in a fishery HG of 343.6 mt. gg/Widow rockfish. 248.32 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), EFP catch (28 mt), research (17.27 mt), 

and the incidental open access fishery (3.05 mt), resulting in a fishery HG of 14,476.7 mt. hh/Yellowtail rockfish north of 40°10′ N lat. 1,047.55 mt is deducted from the ACL to accommodate the Tribal fishery (1,000 mt), EFP catch (10 

mt), research (20.55 mt), and the incidental open access fishery (7 mt), resulting in a fishery HG of 5,012.5 mt. ii/Black rockfish/Blue rockfish/Deacon rockfish (Oregon). 2.32 mt is deducted from the ACL to accommodate the EFP catch (0.5 mt), research 

(0.08 mt), and the incidental open access fishery (1.74 mt), resulting in a fishery HG of 600.7 mt. 

jj/ Cabezon/kelp greenling (Oregon). 0.21 mt is deducted from the ACL to accommodate EFP catch (0.1 mt), research (0.05 mt), and the incidental open access fishery (0.06 mt), resulting in a fishery HG of 197.8 mt. kk/ Cabezon/kelp greenling (Washington). 2 mt is deducted from the ACL to accommodate the Tribal fishery, therefore the fishery HG is 18 mt. ll/ Nearshore Rockfish north of 40°10′ N lat. 3.08 mt is deducted from the ACL to accommodate the Tribal fishery (1.5 mt), EFP catch (0.5 mt), 

research (0.47 mt), and the incidental open access fishery (0.61 mt), resulting in a fishery HG of 75.9 mt. State specific HGs are Washington 

(18.4 mt), Oregon (22.7 mt), and California (37.6 mt). mm/ Nearshore Rockfish south of 40°10′ N lat. 4.42 mt is deducted from the ACL to accommodate research catch (2.68 mt) and the incidental 

open access fishery (2.68 mt), resulting in a fishery HG of 1,011.6 mt. nn/Other Fish. The Other Fish complex is comprised of kelp greenling off California and leopard shark coastwide. 21.34 mt is deducted from 

the ACL to accommodate EFP catch (0.1 mt), research (6.29 mt), and the incidental open access fishery (14.95 mt), resulting in a fishery HG of 

201.7 mt. oo/Other Flatfish. The Other Flatfish complex is comprised of flatfish species managed in the PCGFMP that are not managed with stock-specific OFLs/ABCs/ACLs. Most of the species in the Other Flatfish complex are unassessed and include: Butter sole, curlfin sole, flathead sole, Pacific sanddab, rock sole, sand sole, and rex sole. 220.89 mt is deducted from the ACL to accommodate the Tribal fishery (60 mt), EFP catch (0.1 

mt), research (23.63 mt), and the incidental open access fishery (137.16 mt), resulting in a fishery HG of 4,581.1 mt. 


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pp/Shelf Rockfish north of 40°10′ N lat. 72.44 mt is deducted from the ACL to accommodate the Tribal fishery (30 mt), EFP catch (1.5 mt), research (15.32 mt), and the incidental open access fishery (25.62 mt), resulting in a fishery HG of 1,438.66 mt. qq/Shelf Rockfish south of 40°10′ N lat. 132.77 mt is deducted from the ACL to accommodate EFP catch (50 mt), research catch (15.1 mt), 

and the incidental open access fishery (67.67 mt) resulting in a fishery HG of 1,305.2 mt. rr/Slope Rockfish north of 40°10′ N lat. 65.89 mt is deducted from the ACL to accommodate the Tribal fishery (36 mt), EFP catch (0.5 mt), and 

research (10.51 mt), and the incidental open access fishery (18.88 mt), resulting in a fishery HG of 1,529.1 mt. ss/Slope Rockfish south of 40°10′ N lat. 38.94 mt is deducted from the ACL to accommodate EFP catch (1 mt), and research (18.21 mt), and 

the incidental open access fishery (19.73 mt), resulting in a fishery HG of 670.1 mt. Blackgill rockfish has a stock-specific HG for the entire 

groundfish fishery south of 40°10′ N lat. set equal to the species′ contribution to the ACL. Harvest of blackgill rockfish in all groundfish fisheries 

south of 40°10′ N lat. counts against this HG of 176.5 mt. 

■ 4. Revise Table 1b to part 660, subpart 

C, to read as follows: 

TABLE 1b TO PART 660, SUBPART C—2021, ALLOCATIONS BY SPECIES OR SPECIES GROUP

[Weight in metric tons] 

Stocks/stock complexes Area Fishery HG or 

ACT a/b/

Trawl Non-Trawl 

% Mt % Mt 

Yelloweye Rockfish a/ .......... Coastwide ........................... 41.2 8 3.3 92 37.9 

Arrowtooth flounder ............. Coastwide ........................... 7,837.9 95 7,446 5 391.9 

Big skate a/ .......................... Coastwide ........................... 1,419.7 95 1,348.7 5 71 

Bocaccio a/ ........................... S of 40°10′ N lat ................. 1,700.2 39 663.8 60 1,036.4 

Canary rockfish a/ ................ Coastwide ........................... 1,268.6 72 917 28 351.6 

Chilipepper rockfish ............ S of 40°10′ N lat ................. 2,260.3 75 1,695.2 25 565.1 

Cowcod a/ ............................ S of 40°10′ N lat ................. 50 36 18 64 32 

Darkblotched rockfish ......... Coastwide ........................... 862.9 95 819.8 5 43.1 

Dover sole ........................... Coastwide ........................... 48,402.8 95 45,982.7 5 2,420.1 

English sole ......................... Coastwide ........................... 8,924.4 95 8,478.2 5 446.2 

Lingcod ................................ N of 40′10° N lat ................ 5,090.6 45 2,290.8 55 2,799.8 

Lingcod a/ ............................. S of 40′10° N lat ................. 1,089 40 435.6 60 653.4 

Longnose skate a/ ................ Coastwide ........................... 1,571.6 90 1,414.4 10 157.2 

Longspine thornyhead ........ N of 34°27′ N lat ................ 2,580.3 95 2,451.3 5 129 

Pacific cod ........................... Coastwide ........................... 1,093.9 95 1,039.2 5 54.7 

Pacific ocean perch ............ N of 40°10′ N lat ................ 3,829.3 95 3,637.8 5 191.5 

Pacific whiting c/ .................. Coastwide ........................... 304,005 100 304,005 0 0 

Petrale sole a/ ...................... Coastwide ........................... 3,727.9 ........................ 3,697.9 ........................ 30 

Sablefish ............................. N of 36° N lat ..................... NA See Table 1c 

Sablefish ............................. S of 36° N lat ..................... 1,861.6 42 782.3 58 1,080.3 

Shortspine thornyhead ........ N of 34°27′ N lat ................ 1,349.6 95 1,282.1 5 67.5 

Shortspine thornyhead ........ S of 34°27′ N lat ................. 749.3 ........................ 50 ........................ 699.3 

Splitnose rockfish ................ S of 40°10′ N lat ................. 1,647.6 95 1,565.2 5 82.4 

Starry flounder .................... Coastwide ........................... 343.6 50 171.8 50 171.8 

Widow rockfish a/ ................. Coastwide ........................... 14,476.7 ........................ 14,076.7 ........................ 400 

Yellowtail rockfish ............... N of 40°10′ N lat ................ 5,012.5 88 4,411.0 12 601.5 

Other Flatfish ...................... Coastwide ........................... 4581.1 90 4,123 10 458.1 

Shelf Rockfish a/ .................. N of 40°10′ N lat ................ 1,438.7 60.2 866.1 39.8 572.6 

Shelf Rockfish a/ .................. S of 40°10′ N lat ................. 1,305.2 12.2 159.2 87.8 1,146 

Slope Rockfish .................... N of 40°10′ N lat ................ 1,529.1 81 1,238.6 19 290.5 

Slope Rockfish a/ ................. S of 40°10′ N lat ................. 670.1 ........................ 526.4 ........................ 143.7 

a/Allocations decided through the biennial specification process. b/The cowcod fishery harvest guideline is further reduced to an ACT of 50 mt. The non-trawl allocation is further split 50:50 between the commercial and recreational sectors. c/ Consistent with regulations at § 660.55(i)(2), the commercial harvest guideline for Pacific whiting is allocated as follows: 34 percent for the C/ 

P Coop Program; 24 percent for the MS Coop Program; and 42 percent for the Shorebased IFQ Program. No more than 5 percent of the 

Shorebased IFQ Program allocation may be taken and retained south of 42° N lat. before the start of the primary Pacific whiting season north of 

42° N lat. 

■ 5. In § 660.140, revise paragraph 

(d)(1)(ii)(D) to read as follows: 

§ 660.140 Shorebased IFQ Program. 

* * * * * 

(d) * * * 

(1) * * * 

(ii) * * * 

(D) Shorebased trawl allocations. For 

the trawl fishery, NMFS will issue QP 

based on the following shorebased trawl 

allocations: 


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32812 Federal Register / Vol. 86, No. 118 / Wednesday, June 23, 2021 / Rules and Regulations 

TABLE 1 TO PARAGRAPH (d)(1)(II)(D) 

IFQ species Area 

2021 Shorebased 

trawl allocation 

(mt) 

2022 Shorebased 

trawl allocation 

(mt) 

Yelloweye Rockfish ................................................. Coastwide ............................................................... 3.3 3.4 

Arrowtooth flounder ................................................ Coastwide ............................................................... 7,376.02 5974.77 

Bocaccio ................................................................. South of 40°10′ N lat .............................................. 663.75 654.38 

Canary rockfish ....................................................... Coastwide ............................................................... 880.96 858.56 

Chilipepper .............................................................. South of 40°10′ N lat .............................................. 1,695.2 1,621 

Cowcod ................................................................... South of 40°10′ N lat .............................................. 18 18 

Darkblotched rockfish ............................................. Coastwide ............................................................... 743.39 694.94 

Dover sole ............................................................... Coastwide ............................................................... 45,972.65 45,972.65 

English sole ............................................................ Coastwide ............................................................... 8,478.2 8,407.9 

Lingcod ................................................................... North of 40°10′ N lat .............................................. 2,275.78 2,090.83 

Lingcod ................................................................... South of 40°10′ N lat .............................................. 435.6 463.6 

Longspine thornyhead ............................................ North of 34°27′ N lat .............................................. 2,451.28 2,278.38 

Pacific cod .............................................................. Coastwide ............................................................... 1,039.21 1,039.21 

Pacific halibut (IBQ) ................................................ North of 40°10′ N lat .............................................. 69.6 69.6 

Pacific ocean perch ................................................ North of 40°10′ N lat .............................................. 3,337.74 3,201.94 

Pacific whiting ......................................................... Coastwide ............................................................... 127,682 TBD 

Petrale sole ............................................................. Coastwide ............................................................... 3,692.9 3,237.5 

Sablefish ................................................................. North of 36° N lat ................................................... 3,139.59 2,985.42 

Sablefish ................................................................. South of 36° N lat .................................................. 786 748 

Shortspine thornyhead ............................................ North of 34°27′ N lat .............................................. 1,212.12 1,178.87 

Shortspine thornyhead ............................................ South of 34°27′ N lat .............................................. 50 50 

Splitnose rockfish .................................................... South of 40°10′ N lat .............................................. 1,565.20 1,531.00 

Starry flounder ........................................................ Coastwide ............................................................... 171.8 171.8 

Widow rockfish ........................................................ Coastwide ............................................................... 13,600.68 12,663.68 

Yellowtail rockfish ................................................... North of 40°10′ N lat .............................................. 4,091.13 3,898.4 

Other Flatfish complex ............................................ Coastwide ............................................................... 4,088.00 4,120.40 

Shelf Rockfish complex .......................................... North of 40°10′ N lat .............................................. 831.07 794.56 

Shelf Rockfish complex .......................................... South of 40°10′ N lat .............................................. 159.24 158.02 

Slope Rockfish complex ......................................... North of 40°10′ N lat .............................................. 938.58 916.71 

Slope Rockfish complex ......................................... South of 40°10′ N lat .............................................. 526.4 523.9 

* * * * * 

[FR Doc. 2021–13150 Filed 6–21–21; 11:15 am] 

BILLING CODE 3510–22–P 


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