38416 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Rules and Regulations 

Sound and North Coast subareas are 

August 19–21, 26–28; September 2–4, 

9–11, 16–18, and 23–24. WDFW 

recommended these dates to NMFS after 

consultation with their stakeholders. 

These dates were determined in 

consultation with WDFW, the Council, 

and IPHC. Notice of these and potential 

additional dates and closure of the 

fisheries will also be announced on the 

NMFS hotline at 206–526–6667 or 800– 

662–9825. 

Weekly quota monitoring reports for 

the recreational fisheries in Washington, 

Oregon, and California are available on 

their respective state Fish and Wildlife 

agency websites. NMFS and the IPHC 

will continue to monitor recreational 

catch obtained via state sampling 

procedures. 

Classification 

NMFS issues this action pursuant to 

the Northern Pacific Halibut Act of 

1982. This action is taken under the 

regulatory authority at 50 CFR 300.63(c), 

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 this action, as notice and comment 

would be impracticable and contrary to 

the public interest. WDFW provided 

updated landings data to NMFS on June 

10, 2021, and requested additional 

fishing dates be added before the close 

of the recreational halibut fishery on 

September 30, 2021, as the fishery 

participants in the North Coast and 

Puget Sound subareas have only caught 

35 percent of the two areas’ combined 

allocation. NMFS uses fishing rates from 

previous years to determine the number 

of recreational fishing dates needed to 

attain subarea allocations. The level of 

attainment of the allocation for 2021 is 

much lower than past years for this 

same point in time, and was not 

anticipated when the 2021 final rule 

setting the 2021 recreational fishery 

season dates was developed. This action 

should be implemented as soon as 

possible to allow fishery participants to 

take advantage of the additional fishing 

dates prior to the end of the season. As 

the fishery closes on September 30, 

2021, implementing this action through 

proposed and final rulemaking would 

limit the benefit this action would 

provide to fishery participants. Without 

implementation of additional season 

dates, the Puget Sound and North Coast 

subareas would not harvest their full 

subarea allocations, limiting economic 

benefits to the participants and not 

meeting the goals of the Catch Share 

Plan and the 2021 management 

measures. It is necessary that this 

rulemaking be implemented in a timely 

manner so that planning for these new 

fishing days can take place, and for 

business and personal decision making 

by the regulated public impacted by this 

action, which includes recreational 

charter fishing operations, associated 

port businesses, and private anglers who 

do not live near the coastal access 

points for this fishery, among others. To 

ensure the regulated public is fully 

aware of this action, notice of this 

regulatory action will also be provided 

to anglers through a telephone hotline, 

news release, and by the relevant state 

fish and wildlife agencies. NMFS will 

receive public comments for 15 days 

after publication of this action, in 

accordance with 50 CFR 300.63(c)(4)(ii). 

No aspect of this action is controversial, 

and changes of this nature were 

anticipated in the process described in 

regulations at 50 CFR 300.63(c). 

For the reasons discussed above, there 

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

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

effective date and make this action 

effective immediately upon filing, as a 

delay in effectiveness of this action 

would constrain fishing opportunity 

and be inconsistent with the goals of the 

Catch Sharing Plan and current 

management measures, as well as 

potentially limit the economic 

opportunity intended by this rule to the 

associated fishing communities. NMFS 

regulations allow the Regional 

Administrator to modify sport fishing 

periods, bag limits, size limits, days per 

calendar week, and subarea quotas, 

provided that the action allows 

allocation objectives to be met and will 

not result in exceeding the catch limit 

for the subarea. NMFS recently received 

information on the progress of landings 

in the recreational fisheries in 

Washington subareas, indicating 

additional dates should be added to the 

fishery to ensure optimal and 

sustainable harvest of the quota. As 

stated above, it is in the public interest 

that this action is not delayed, because 

a delay in the effectiveness of these new 

dates would not allow the allocation 

objectives of this fishery to be met. 

Dated: July 15, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–15451 Filed 7–16–21; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 210713–0147] 

RIN 0648–BK01 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; Reef Fish 

Fishery of the Gulf of Mexico; 

Framework Action 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS is implementing 

management measures described in a 

framework action to the Fishery 

Management Plan for the Reef Fish 

Resources of the Gulf of Mexico (Reef 

Fish FMP), as prepared and submitted 

by the Gulf of Mexico Fishery 

Management Council (Council). This 

final rule will prohibit certain fishing 

activities and, with one exception, the 

possession of Gulf of Mexico (Gulf) reef 

fish within the Madison-Swanson and 

Steamboat Lumps Marine Protected 

Areas (MPAs). The purpose of this final 

rule is to protect spawning aggregations 

of mature reef fish species by reducing 

the potential for illegal fishing activities 

within these MPAs. 

DATES: This final rule is effective on 

August 20, 2021. 

ADDRESSES: Electronic copies of this 

framework action to the FMP for the 

Reef Fish Resources of the Gulf of 

Mexico may be obtained from 

www.regulations.gov or from the NMFS 

Southeast Regional Office website at 

https://www.fisheries.noaa.gov/action/ 

modification-fishing-access-easterngulf-mexico-marine-protected-areas. 

The framework action includes an 

environmental assessment, regulatory 

impact review, and Regulatory 

Flexibility Act (RFA) analysis. 

FOR FURTHER INFORMATION CONTACT: Rich 

Malinowski, NMFS Southeast Regional 

Office, telephone: 727–824–5305, or 

email: rich.malinowski@noaa.gov. 

SUPPLEMENTARY INFORMATION: NMFS and 

the Council manage the reef fish fishery 

under the Reef Fish FMP. The Reef Fish 

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) (16 U.S.C. 

1801 et seq.). 


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Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Rules and Regulations 38417 

On March 2, 2021, NMFS published 

the proposed rule for the framework 

action and requested public comment 

(86 FR 12163). The proposed rule 

outlined the rationale for the actions 

contained in this final rule. A summary 

of the management measures described 

in the proposed rule and implemented 

by this final rule is described below. 

Background 

The Madison-Swanson and Steamboat 

Lumps MPAs were established on June 

19, 2000 (65 FR 31827, May 19, 2000). 

The two MPAs combined cover 219 

square nautical miles (nmi2) (751 square 

kilometers (km2)) near the 240-foot (73- 

meter) contour, also known as the 40- 

fathom contour, off northwest and west 

Florida. The area of Madison-Swanson 

is 115 nmi2 (394 km2) and the area of 

Steamboat Lumps is 104 nmi2 (357 

km2). The distance between these MPAs 

is approximately 69 nmi (127 km). The 

Council and NMFS created the MPAs to 

provide protection to spawning 

aggregations of gag, which is a species 

of grouper, and other reef fish. When the 

MPAs were implemented, all fishing 

inside the MPAs was prohibited, except 

for Atlantic highly migratory species 

(HMS) such as tunas, billfishes, and 

oceanic sharks, which are managed 

separately by NMFS’ Atlantic HMS 

Management Division. Since 2004, 

surface trolling has been allowed for 

non-reef fish species in the MPAs from 

May 1 through October 31 annually (69 

FR 24532, May 4, 2004). In 2006, NMFS 

implemented complementary 

management measures to prohibit 

fishing for Atlantic HMS except by 

surface trolling from May 1 through 

October 31 annually (71 FR 58058, 

October 2, 2006). In addition, the 

possession of Gulf reef fish while inside 

the MPAs is prohibited, except on a 

vessel in transit with fishing gear 

stowed as specified in § 622.34(a)(4). 

The Council developed this 

framework action to modify the 

restrictions on fishing in, and transiting 

through, the Madison-Swanson and 

Steamboat Lumps MPAs in the eastern 

Gulf. The framework action prohibits all 

fishing, except for HMS, year-round in 

the Madison-Swanson and Steamboat 

Lumps MPAs, and prohibits the 

possession of Gulf reef fish year-round 

in these areas unless a vessel has a valid 

Federal commercial permit for Gulf reef 

fish, an operating satellite-based vessel 

monitoring system (VMS), and is in 

transit with fishing gear appropriately 

stowed. 

These prohibitions do not apply to 

Atlantic HMS. Federal regulations 

currently applicable to Atlantic HMS in 

the MPAs are located at 50 CFR part 

635. 

Management Measures Contained in 

This Final Rule 

This final rule prohibits fishing yearround in the Madison-Swanson and 

Steamboat Lumps MPAs. Additionally, 

the possession of any Gulf reef fish is 

prohibited year-round in the MPAs, 

with a limited exception. 

This final rule revises current fishing 

restrictions in the MPAs. Currently, 

surface trolling, as defined at 

§ 622.34(a)(5), is the only allowable 

fishing activity and is only allowed from 

May through October each year. 

Federally managed species that may be 

targeted by surface trolling in the MPAs 

include the Gulf coastal migratory 

pelagic species king mackerel and 

Spanish mackerel, and HMS. 

This final rule prohibits fishing yearround for all species except HMS. 

However, NMFS Atlantic HMS 

Management Division is considering a 

request from the Council to develop 

compatible regulations for HMS. 

Currently, fishing vessels with Gulf 

reef fish on board may transit through 

the MPAs as long as all fishing gear is 

appropriately stowed. This provision 

allows transiting fishing vessels to 

proceed between destinations, without 

the need to reroute to avoid a specific 

area even if they are in possession of 

reef fish. For these MPAs, transit means 

non-stop progression through the area 

and fishing gear appropriately stowed is 

defined in 50 CFR 622.34(a)(4)(i) 

through (iv). This final rule prohibits 

the possession of Gulf reef fish in the 

MPAs even when transiting unless the 

vessel was issued a valid Federal 

commercial permit for Gulf reef fish, 

which requires an operating satellitebased VMS. All fishing gear needs to be 

appropriately stowed. 

Comments and Responses 

NMFS did not receive any comments 

during the public comment period for 

the proposed rule for the framework 

action and therefore no changes were 

made to this proposed rule as a result 

of public comment. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this final rule is consistent with the 

framework amendment, the Reef Fish 

FMP, the Magnuson-Stevens Act, and 

other applicable laws. 

This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. 

The Magnuson-Stevens Act provides 

the statutory basis for this rule. No 

duplicative, overlapping, or conflicting 

Federal rules have been identified. In 

addition, no new reporting, recordkeeping, or other compliance 

requirements are introduced by 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 

the certification and NMFS has not 

received any new information that 

would affect its determination. As a 

result, a regulatory flexibility analysis 

was not required and none was 

prepared. 

List of Subjects in 50 CFR Part 622 

Fisheries, Fishing, Gulf of Mexico, 

Marine protected area, Reef fish. 

Dated: July 13, 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. Amend § 622.34 by: 

■ a. Revising the paragraph heading and 

adding paragraph (a) introductory text; 

■ b. Revising paragraphs (a)(2) and (3); 

and 

■ c. Removing paragraphs (a)(5) and (6). 

The revisions read as follows: 

§ 622.34 Seasonal and area closures 

designed to protect Gulf reef fish. 

(a) Closure provisions applicable to 

the Madison and Swanson sites, 

Steamboat Lumps, and the Edges. For 

the purpose of this paragraph (a), fish 

means finfish, mollusks, crustaceans, 

and all other forms of marine animal 

and plant life other than marine 

mammals and birds. The provisions of 

this paragraph (a) do not apply to 

Atlantic highly migratory species, such 

as tunas, billfishes, and oceanic sharks. 

See 50 CFR part 635 for any provisions 

applicable to fishing for or possession of 


jbell on DSKJLSW7X2PROD with RULES
38418 Federal Register / Vol. 86, No. 137 / Wednesday, July 21, 2021 / Rules and Regulations 

Atlantic highly migratory species in 

these areas. 

* * * * * 

(2) Within the Madison and Swanson 

sites and Steamboat Lumps: Fishing is 

prohibited year-round; possession of 

Gulf reef fish is prohibited year-round 

except when such possession is on a 

vessel that has been issued a valid 

Federal commercial permit for Gulf reef 

fish, has an operating satellite-based 

VMS unit, and is in transit with fishing 

gear stowed as specified in paragraph 

(a)(4) of this section; and possession of 

any non-Gulf reef fish species is 

prohibited year-round, except for such 

possession on a vessel in transit with 

fishing gear stowed as specified in 

paragraph (a)(4) of this section. 

(3) Within the Edges during January 

through April each year, all fishing is 

prohibited and the possession of any 

fish species is prohibited, except for 

such possession on a vessel in transit 

with fishing gear appropriately stowed 

as specified in paragraph (a)(4) of this 

section. 

* * * * * 

[FR Doc. 2021–15202 Filed 7–20–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 210217–0022; RTID 0648– 

XB231] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Sablefish in the 

Bering Sea Subarea of the Bering Sea 

and Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting retention 

of non-Community Development Quota 

(CDQ) sablefish by vessels using trawl 

gear in the Bering Sea subarea of the 

Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary because the 2021 non-CDQ 

sablefish initial total allowable catch 

(ITAC) in the Bering Sea subarea of the 

BSAI will be reached. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), July 17, 2021, through 

2400 hours, A.l.t., December 31, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2021 non-CDQ sablefish trawl 

ITAC in the Bering Sea subarea of the 

BSAI is 1,443 metric tons (mt) as 

established by the final 2021 and 2022 

harvest specifications for groundfish in 

the BSAI (86 FR 11449, February 25, 

2021). In accordance with 

§ 679.20(d)(2), the Administrator, 

Alaska Region, NMFS (Regional 

Administrator), has determined that the 

2021 non-CDQ sablefish trawl ITAC in 

the Bering Sea subarea of the BSAI will 

soon be reached. Therefore, NMFS is 

requiring that non-CDQ sablefish caught 

with vessels using trawl gear in the 

Bering Sea subarea of the BSAI be 

treated as prohibited species in 

accordance with § 679.21(b). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

part 679, which was issued pursuant to 

section 304(b), and is exempt from 

review under Executive Order 12866. 

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

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment 

would be impracticable and contrary to 

the public interest, as it would prevent 

NMFS from responding to the most 

recent fisheries data in a timely fashion 

and would delay the prohibited 

retention of non-CDQ sablefish by 

vessels using trawl gear in the Bering 

Sea subarea of the BSAI. NMFS was 

unable to publish a notice providing 

time for public comment because the 

most recent, relevant data only became 

available as of July 15, 2021. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

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

Dated: July 16, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–15537 Filed 7–16–21; 4:15 pm] 

BILLING CODE 3510–22–P 


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