Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations 34159 

determining any predicted loss which 

may occur. 

This document does not contain 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980, 5 U.S.C. 601– 

612, do not apply to this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communication Commission. 

Thomas Horan, 

Chief of Staff, Media Bureau. 

Final Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICES 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

■ 2. In § 73.622(i), amend the PostTransition Table of DTV Allotments, 

under New York, by revising the entry 

for Schenectady to read as follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(i) * * * 

Community Channel No. 

* * * * * 

NEW YORK 

* * * * * 

Schenectady ......................... * 34, 35, 43 

* * * * * 

[FR Doc. 2021–13812 Filed 6–28–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 210623–0136] 

RIN 0648–BK34 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; Gray 

Triggerfish Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations to 

implement management measures 

described in a framework action to the 

Fishery Management Plan for the Reef 

Fish Resources of the Gulf of Mexico 

(FMP), as prepared by the Gulf of 

Mexico Fishery Management Council 

(Council). This final rule modifies catch 

limits in the Gulf of Mexico (Gulf) 

exclusive economic zone (EEZ) for gray 

triggerfish. The purpose of this final rule 

and the framework action is to modify 

the catch limits, as applicable, 

consistent with the most recent interim 

analysis for gray triggerfish and to 

achieve optimum yield (OY) for the 

stock. 

DATES: This final rule is effective July 

29, 2021. 

ADDRESSES: Electronic copies of the 

framework action, which includes an 

environmental assessment, a regulatory 

impact review, and a Regulatory 

Flexibility Act analysis, may be 

obtained from the Southeast Regional 

Office website at https://

www.fisheries.noaa.gov/action/ 

framework-action-modification-graytriggerfish-catch-limits. 

FOR FURTHER INFORMATION CONTACT: 

Kelli O’Donnell, Southeast Regional 

Office, NMFS, telephone: 727–824– 

5305, email: Kelli.ODonnell@noaa.gov. 

SUPPLEMENTARY INFORMATION: The Gulf 

reef fish fishery, which includes gray 

triggerfish, is managed under the FMP. 

The FMP was prepared by the Council 

and is implemented by NMFS through 

regulations at 50 CFR part 622 under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act). 

On April 21, 2021, NMFS published 

a proposed rule for the framework 

action and requested public comment 

(86 FR 20649). The proposed rule and 

the framework action outline the 

rationale for the actions contained in 

this final rule, which is unchanged from 

the proposed rule. A summary of the 

management measures described in the 

framework action and implemented by 

this final rule is described below. All 

weights in the final rule are described 

in round weight. 

Background 

The Magnuson-Stevens Act requires 

NMFS and regional fishery management 

councils to prevent overfishing and to 

achieve, on a continuing basis, the OY 

from federally managed fish stocks to 

ensure that fishery resources are 

managed for the greatest overall benefit 

to the nation, particularly with respect 

to providing food production and 

recreational opportunities, and 

protecting marine ecosystems. 

Gray triggerfish in the Gulf EEZ are 

managed using both commercial and 

recreational sector measures with each 

sector having its own annual catch limit 

(ACL) and annual catch target (ACT). 

The sector allocation of the stock ACL, 

which equals the acceptable biological 

catch (ABC), is 21 percent commercial 

and 79 percent recreational and was 

implemented in 2008 through 

Amendment 30A to the FMP (73 FR 

38139; July 3, 2008). Inseason 

accountability measures (AMs) for gray 

triggerfish specify that if commercial or 

recreational landings meet or are 

projected to meet the respective sector’s 

ACT, that sector will close for the 

remainder of the fishing year. For the 

commercial sector, the post-season AM 

specifies that if the commercial ACL is 

exceeded despite the quota closure, then 

the following fishing year’s commercial 

ACL and ACT (commercial quota) will 

be reduced by the amount of the prior 

year’s commercial ACL overage. For the 

recreational sector, if the recreational 

ACL is exceeded and gray triggerfish are 

overfished, then in the following fishing 

year the recreational ACL and ACT 

would be reduced by the amount of the 

ACL overage in the prior fishing year. 

The current gray triggerfish ACLs, ACTs 

(set at 5 percent and 10 percent less 

than the commercial and recreational 

sector ACLs, respectively), and inseason 

AMs for both sectors and the post 

season AM for the recreational sector, 

were established in 2013, through 

Amendment 37 to the FMP (78 FR 

27084; May 9, 2013). The postseason 

AM for the commercial sector was 

established in 2008, through 

Amendment 30A to the FMP (73 FR 

38139). 

The most recent Southeast Data, 

Assessment, and Review (SEDAR) stock 

assessment for gray triggerfish was 

completed and reviewed by the 


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34160 Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations 

Council’s Scientific and Statistical 

Committee (SSC) in October 2015 

(SEDAR 43). SEDAR 43 indicated that 

the gray triggerfish stock was not 

experiencing overfishing but remained 

overfished and would not be rebuilt by 

the end of 2017 as previously projected. 

As a result of SEDAR 43, the Council’s 

SSC made recommendations for an 

increased overfishing limit (OFL) based 

on a fixed maximum fishing mortality 

threshold, which is independent of 

rebuilding, and ABCs based on an 8, 9, 

or 10-year rebuilding timeline. Because 

of the stock not rebuilding as 

anticipated, the Council decided not to 

change the ABC, sector ACLs, and sector 

ACTs set by Amendment 37 but to 

change the rebuilding timeline to 

rebuild the stock by 2025. Amendment 

46 implicitly adopted the SSC’s 

recommendations for an increased OFL 

by including alternatives with an ABC 

that was higher than the status quo OFL. 

Amendment 44 to the FMP, 

implemented in 2017 (82 FR 61488; 

December 28, 2017), updated the stock 

status to not overfished but did not 

revise the sector ACLs or ACTs. 

Between 2012 and 2019, the 

commercial sector has exceeded its ACL 

of 64,100 lb (29,075 kg), two times, in 

both 2012 and 2018. During that same 

timeframe, the recreational sector has 

exceeded its ACL of 241,200 lb (109,406 

kg), five times, in 2012, 2013, 2016, 

2018, and 2019. 

At its September 2020 meeting, the 

Council’s SSC accepted a 2020 gray 

triggerfish interim analysis conducted 

by the NMFS Southeast Fisheries 

Science Center (SEFSC). Unlike full 

SEDAR stock assessments, interim 

analyses are designed to occur between 

regular SEDAR assessments to 

determine trends in stock condition and 

project future catch advice. While 

interim analyses take less time to 

complete, they cannot be used to 

determine if a stock is making progress 

towards rebuilding. Based on the 

interim analysis, abundance trends of 

the Gulf gray triggerfish stock suggest an 

increase in biomass that could support 

a greater harvest. The Council’s SSC 

determined the interim analysis was 

suitable for providing ABC catch advice 

through 2023. From the interim 

analysis, the Council’s SSC 

recommended the gray triggerfish stock 

ABC be increased to 456,900 lb (207,246 

kg), for 2021 and subsequent fishing 

years, with the request that another 

interim analysis be completed in 2023. 

The Council’s SSC previously 

recommended an increased OFL 

(1,220,000 lb (553,383 kg)) that was 

implicitly adopted by Amendment 46 

and was not examined by this interim 

analysis. 

In January 2021, the Council took 

final action on this framework action, 

consistent with the most recent interim 

analysis for gray triggerfish, and 

recommendations from the Council’s 

SSC, the SEFSC, and the Council’s Reef 

Fish Advisory Panel (Reef Fish AP) to 

increase the commercial and 

recreational catch limits for Gulf gray 

triggerfish, in order to achieve OY 

consistent with the requirements of the 

Magnuson-Stevens Act. 

Management Measures Contained in 

This Final Rule 

This final rule revises the commercial 

and recreational ACLs and ACTs 

consistent with the interim analysis and 

the Council’s SSC, SEFSC, and the 

Council’s Reef Fish AP 

recommendations. 

Commercial ACL and ACT 

This final rule increases the Gulf gray 

triggerfish commercial ACL from 64,100 

lb (29,075 kg), to 95,949 lb (43,522 kg), 

for the 2021, and subsequent fishing 

years based on the current ACL sector 

allocation of 21 percent commercial. To 

determine the ACT, the Council used its 

ACL/ACT control rule to determine the 

buffer to be applied to the commercial 

ACL to account for updated 

information. Application of the control 

rule indicated that an 8 percent buffer 

is appropriate between the commercial 

ACL and ACT. This is an increase from 

the current buffer of 5 percent. Using a 

more recent time series, the control rule 

yielded a larger buffer as a result of the 

number of times sector landings 

exceeded the commercial ACL, current 

stock status (the stock is rebuilding), 

and the precision of landings data. The 

8 percent buffer applied to the 

commercial ACL, revises the 

commercial ACT (commercial quota) 

from 60,900 lb (27,624 kg) to 88,273 lb 

(40,040 kg), for the 2021, and 

subsequent fishing years. The increased 

buffer between the commercial ACL and 

ACT is expected to reduce the risk of 

the commercial sector exceeding its 

ACL and to reduce the likelihood of 

overfishing the gray triggerfish stock. 

NMFS notes that the commercial sector 

has never exceeded the commercial ACL 

that is being implemented by this rule. 

Recreational ACL and ACT 

This final rule increases the Gulf gray 

triggerfish recreational ACL from 

241,200 lb (109,406 kg) to 360,951 lb 

(163,725 kg), for the 2021 and 

subsequent fishing years based on the 

ACL recreational sector allocation of 79 

percent. To determine the new 

recreational ACT, the ACL/ACT control 

rule was applied to determine the buffer 

between the ACL and ACT using 

updated information. The control rule 

yielded a 24 percent buffer, an increase 

from the current 10 percent buffer. The 

buffer increased because of past ACL 

overages, current stock status (the stock 

is rebuilding), the application of a more 

recent time series, and the precision of 

landings data. When the 24 percent 

buffer is applied to the new recreational 

ACL, the ACT is increased from 217,100 

lb (98,475 kg) to 274,323 lb (124,431 kg), 

for the 2021 and subsequent fishing 

years. 

NMFS notes that recreational landings 

in the 2013, 2016, and 2018 fishing 

years have exceeded the recreational 

ACL implemented in this rule. The 

increased buffers between the 

recreational ACL and ACT are expected 

to reduce the risk of the recreational 

sector exceeding its ACL, and to reduce 

the likelihood of overfishing the gray 

triggerfish stock. 

Measure in the Framework Action But 

Not Codified in This Final Rule 

In addition to the other measures 

contained in this final rule, the 

framework action also revises the Gulf 

gray triggerfish stock ABC. As a result 

of the gray triggerfish interim analysis, 

and the recommendation of the 

Council’s SSC, the framework action 

increases the Gulf gray triggerfish stock 

ABC from 305,300 lb (138,482 kg), to 

456,900 lb (207,246 kg). The stock ACL 

remains equal to the stock ABC. A 

buffer between the stock ABC and ACL 

was not recommended by the Council’s 

Reef Fish AP so as to retain the 

Council’s current management approach 

for gray triggerfish, which is to set the 

stock ACL equal to the ABC. In 

addition, the increased ABC is 37.5 

percent of the OFL (1,220,000 lb 

(553,383 kg). This large difference 

between the ABC and OFL reduces the 

risk of overfishing of the gray triggerfish 

stock. 

Comments and Responses 

NMFS received a total of 13 

comments on the proposed rule for the 

framework action. Most comments 

supported the measures for Gulf gray 

triggerfish in the proposed rule and 

framework action. Some comments 

suggested changes to gray triggerfish 

management measures that were outside 

the scope of the proposed rule and 

framework action, such as increasing 

the recreational season length, 

increasing the recreational bag limit, 

increasing the commercial trip limit, 

reducing the minimum size limits, or 

gleaning bycatch within the gray 


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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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