Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations 34161 

triggerfish portion of the reef fish 

fishery; therefore, these comments are 

not addressed further in this final rule. 

Specific comments related to the 

proposed rule and the framework action 

are grouped by topic and addressed 

below. 

Comment 1: The commercial and 

recreational catch limits for gray 

triggerfish in the Gulf should remain the 

same and not be increased. 

Response: NMFS disagrees. 

Maintaining the current ACLs and ACTs 

is not consistent with the requirements 

of the Magnuson-Stevens Act to 

establish catch limits that achieve OY. 

The previous commercial ACL of 64,100 

lb (29,075 kg), the recreational ACL of 

241,200 lb (109,406 kg), the commercial 

ACT of 60,900 lb (27,624 kg), and the 

recreational ACT of 217,100 lb (98,475 

kg) have been in effect since 2013 (78 

FR 27084; May 9, 2013). In 2015, the 

results of SEDAR 43 found that the Gulf 

gray triggerfish stock OFL and ABC 

could be increased. The Council’s SSC 

subsequently recommended these same 

increases. However, the Council at that 

time decided not to change the stock 

ABC, sector ACLs, or sector ACTs. In 

2020, the Council’s SSC accepted a 2020 

gray triggerfish interim analysis, which 

determined that abundance trends of the 

Gulf gray triggerfish stock suggested an 

increase in biomass that could support 

additional harvest and was suitable for 

providing ABC catch advice through 

2023. The Council accepted the SSC’s 

recommendation for an increase to the 

ABC and subsequently approved revised 

sector ACLs based on the current 

allocation, in order to achieve OY 

consistent with the requirements of the 

Magnuson-Stevens Act. The Council’s 

ACL/ACT control rule was used to set 

new increased buffers between each 

sector’s ACL and ACT to reduce the 

likelihood of overfishing. Therefore, 

maintaining the previous catch limits 

would not serve the purpose of this rule, 

which is to achieve OY while reducing 

the likelihood of overfishing. The Gulf 

gray triggerfish stock is not currently 

overfished or undergoing overfishing as 

determined by SEDAR 43, the 

implementation of Amendment 44 to 

the FMP (82 FR 61488; December 28, 

2017), and the most recent quarterly 

report on the status of the stocks. 

Comment 2: The gray triggerfish 

population is still being overfished and 

any increases to the catch limits 

increases the risks to the stock and 

healthy oceans. 

Response: NMFS disagrees that the 

gray triggerfish population is still 

overfished. In 2020, the most recent 

Gulf gray triggerfish interim analysis 

index of abundance trends suggested 

that the gray triggerfish biomass has 

increased in recent years. This 

additional biomass should support 

additional removals from the stock as 

related to the increases to the 

commercial and recreational ACLs and 

ACTs in this final rule. While the 

interim analysis was not able to provide 

a biomass estimate, the gray triggerfish 

stock is not considered to be overfished 

or undergoing overfishing. As described 

in the framework action, the catch limit 

increases in this final rule are based on 

the findings of the interim analysis, 

which is deemed by the Council’s SSC 

as suitable for management advice and 

the use of the Council’s ACL/ACT 

control rule, and best available science. 

Classification 

Pursuant to section 304(b)(3) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this final rule is consistent with the 

framework action, the FMP, other 

provisions of the Magnuson-Stevens 

Act, and other applicable laws. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order 12866. 

The Magnuson-Stevens Act provides 

the legal basis for this final rule. No 

duplicative, overlapping, or conflicting 

Federal rules have been identified. In 

addition, no new reporting and recordkeeping requirements are introduced by 

this final rule. This final rule contains 

no information collection requirements 

under the Paperwork Reduction Act of 

1995. A description of this final rule, 

why it is being considered, and the 

purposes of this final rule are contained 

in the preamble and in the SUMMARY

section of this final rule. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration during 

the proposed rule stage that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual basis for the 

certification was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required and none was prepared. 

List of Subjects in 50 CFR Part 622 

Annual catch limit, Fisheries, Fishing, 

Gray triggerfish, Gulf, Reef fish, Quota. 

Dated: June 23, 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 622 is amended 

as follows: 

PART 622—FISHERIES OF THE 

CARIBBEAN, GULF OF MEXICO, AND 

SOUTH ATLANTIC 

■ 1. The authority citation for part 622 

continues to read as follows: 

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

■ 2. In § 622.39, revise paragraph 

(a)(1)(vi) to read as follows: 

§ 622.39 Quotas. 

* * * * * 

(a) * * * 

(1) * * * 

(vi) Gray triggerfish—88,273 lb 

(40,040 kg), round weight. 

* * * * * 

■ 3. In § 622.41, revise the last sentence 

of paragraph (b)(1) and paragraph 

(b)(2)(iii) to read as follows: 

§ 622.41 Annual catch limits (ACLs), 

annual catch targets (ACTs), and 

accountability measures (AMs). 

* * * * * 

(b) * * * 

(1) * * * The commercial ACL is 

95,949 lb (43,522 kg), round weight. 

(2) * * * 

(iii) The recreational ACL for gray 

triggerfish is 360,951 lb (163,725 kg), 

round weight. The recreational ACT for 

gray triggerfish is 274,323 lb (124,431 

kg), round weight. 

* * * * * 

[FR Doc. 2021–13807 Filed 6–28–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 210505–0101; RTID 0648– 

XB156] 

Fisheries Off West Coast States; 

Modification of the West Coast 

Commercial Salmon Fisheries; 

Inseason Action #17 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Inseason modification of 2021 

management measures. 


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34162 Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations 

SUMMARY: NMFS announces an inseason 

action in the 2021 ocean salmon 

fisheries. These inseason actions 

modified the commercial salmon 

fisheries in the area from the U.S./ 

Canada border to Cape Falcon, OR. 

DATES: This inseason action became 

applicable on June 3, 2021, and remains 

in effect until superseded or modified. 

FOR FURTHER INFORMATION CONTACT: 

Peggy Mundy at 206–526–4323, Email: 

peggy.mundy@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

In the 2021 annual management 

measures for ocean salmon fisheries (86 

FR 26425, May 14, 2021), NMFS 

announced management measures for 

the commercial and recreational 

fisheries in the area from the U.S./ 

Canada border to the U.S./Mexico 

border, effective from 0001 hours Pacific 

Daylight Time (PDT), May 16, 2021, 

until the effective date of the 2022 

management measures, as published in 

the Federal Register. NMFS is 

authorized to implement inseason 

management actions to modify fishing 

seasons and quotas as necessary to 

provide fishing opportunity while 

meeting management objectives for the 

affected species (50 CFR 660.409). 

Inseason actions in the salmon fishery 

may be taken directly by NMFS (50 CFR 

660.409(a)—Fixed inseason 

management provisions) or upon 

consultation with the Chairman of the 

Pacific Fishery Management Council 

(Council) and the appropriate State 

Directors (50 CFR 660.409(b)—Flexible 

inseason management provisions). 

Management of the salmon fisheries is 

generally divided into two geographic 

areas: North of Cape Falcon (NOF) 

(U.S./Canada border to Cape Falcon, 

OR), and south of Cape Falcon (Cape 

Falcon, OR, to the U.S./Mexico border). 

The actions described in this document 

affected the NOF commercial salmon 

fishery as set out under the heading. 

Inseason Action 

Reason and Authorization for Inseason 

Action #17 

The fishery affected by the inseason 

action described below was authorized 

in the final rule for 2021 annual 

management measures for ocean salmon 

fisheries (86 FR 26425, May 14, 2021). 

The 2021 annual management measures 

established a May-June commercial 

salmon fishery that includes subarea 

quotas for the areas from the U.S./ 

Canada border to Queets River, WA 

(5,680 Chinook salmon), and the area 

from Leadbetter Point, WA, to Cape 

Falcon, OR (4,195 Chinook salmon). 

Data for the first half of this fishery 

indicate that both effort and catch are 

well below preseason expectations. 

Through June 2, 2021, 850 Chinook 

salmon were landed in the area from the 

U.S./Canada border to Queets River (15 

percent of the subarea quota), and 22 

Chinook salmon were landed in the area 

from Leadbetter Point to Cape Falcon 

(0.5 percent of the subarea quota). 

The NMFS West Coast Regional 

Administrator (RA) considered the 

landings of Chinook salmon in the NOF 

commercial salmon fishery, fishery 

effort occurring to date as well as 

anticipated under the proposal, quotas 

set preseason, and the Chinook salmon 

quota remaining. The RA determined 

that the inseason action described below 

was necessary to increase access to 

available Chinook salmon quota and 

meet management goals set preseason. 

The modification of limited retention 

regulations is authorized by 50 CFR 

660.409(b)(1)(ii). 

Consultation on this inseason action 

occurred on June 3, 2021. 

Representatives from NMFS, 

Washington Department of Fish and 

Wildlife, Oregon Department of Fish 

and Wildlife, and Council staff 

participated in the consultation. 

Inseason Action 

Inseason Action #17 

Description of the action: Inseason 

action #17 increased the Chinook 

salmon landing limit in the May–June 

non-tribal commercial ocean salmon 

fishery from the U.S./Canada border to 

Queets River, and from Leadbetter Point 

to Cape Falcon from 75 Chinook salmon 

per vessel per landing week (Thursday 

through Wednesday) to 100 Chinook 

salmon per vessel per landing week 

(Thursday through Wednesday). 

Effective dates: Inseason action #17 

took effect on Thursday, June 3, 2021, 

the first day of the Thursday through 

Wednesday landing week, and remains 

in effect until superseded. This inseason 

action was announced on NMFS’ 

telephone hotline and U.S. Coast Guard 

radio broadcast on June 3, 2021 (50 CFR 

660.411(a)(2)). 

All other restrictions and regulations 

remain in effect as announced for the 

2021 ocean salmon fisheries (86 FR 

26425, May 14, 2021). 

The RA determined that this inseason 

action was warranted based on the best 

available information on Pacific salmon 

abundance forecasts and anticipated 

fishery effort. The states manage the 

fisheries in state waters adjacent to the 

areas of the U.S. exclusive economic 

zone consistent with these Federal 

actions. As provided by the inseason 

notice procedures at 50 CFR 660.411, 

actual notice of the described regulatory 

action was given, prior to the time the 

action was effective, by telephone 

hotline numbers 206–526–6667 and 

800–662–9825, and by U.S. Coast Guard 

Notice to Mariners broadcasts on 

Channel 16 VHF–FM and 2182 kHz. 

Classification 

NMFS issues these actions pursuant 

to section 305(d) of the MagnusonStevens Fishery Conservation and 

Management Act (MSA). These actions 

are authorized by 50 CFR 660.409, 

which was issued pursuant to section 

304(b) of the MSA, and is exempt from 

review under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(3)(B), 

there is good cause to waive prior notice 

and an opportunity for public comment 

on these actions, as notice and comment 

would be impracticable and contrary to 

the public interest. Prior notice and 

opportunity for public comment on 

these actions was impracticable because 

NMFS had insufficient time to provide 

for prior notice, and the opportunity for 

public comment between the time 

Chinook salmon abundance, catch, and 

effort information was developed and 

fisheries impacts were calculated, and 

the time the fishery modifications had 

to be implemented in order to ensure 

that fisheries are managed based on the 

best available scientific information. As 

previously noted, actual notice of the 

regulatory action was provided to 

fishers through telephone hotline and 

radio notification. This action complies 

with the requirements of the annual 

management measures for ocean salmon 

fisheries (86 FR 26425, May 14, 2021), 

the fishery management plan (FMP), 

and regulations implementing the FMP 

under 50 CFR 660.409 and 660.411. 

There is good cause under 5 U.S.C. 

553(d)(3) to waive the 30-day delay in 

effective date, as a delay in effectiveness 

of these actions would allow fishing at 

levels inconsistent with the goals of the 

FMP and the current management 

measures. 

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

Dated: June 24, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–13836 Filed 6–28–21; 8:45 am] 

BILLING CODE 3510–22–P 


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