47238 Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Rules and Regulations 

Endangered Species Act. We published 

a notice outlining our reasons for this 

determination in the Federal Register 

on October 25, 1983 (48 FR 49244). 

Government-To-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994 

(Government-to-Government Relations 

with Native American Tribal 

Governments; 59 FR 22951), Executive 

Order 13175 (Consultation and 

Coordination With Indian Tribal 

Governments), and the Department of 

the Interior’s manual at 512 DM 2, we 

acknowledge our responsibility to 

communicate meaningfully with 

recognized Federal Tribes on a 

government-to-government basis. In 

accordance with Secretarial Order 3206 

of June 5, 1997 (American Indian Tribal 

Rights, Federal-Tribal Trust 

Responsibilities, and the Endangered 

Species Act), we acknowledge our 

responsibilities to work directly with 

tribes in developing programs for 

healthy ecosystems, to acknowledge that 

tribal lands are not subject to the same 

controls as Federal public lands, to 

remain sensitive to Indian culture, and 

to make information available to tribes. 

On July 17, 2017, as part of our status 

review process, we sent out notification 

letters to 11 Tribes that are in proximity 

to the known historical range of the 

Franklin’s bumble bee (6 Tribes in 

Oregon and 5 Tribes in California). The 

letter provided the Tribes early 

notification that were conducting a 

status review for Franklin’s bumble bee 

and solicited their input to ensure that 

we had the best scientific data available 

to inform our subsequent finding on the 

status. We did not receive a response 

from any of the Tribes. 

References Cited 

A complete list of references cited in 

this rule is available on the internet at 

http://www.regulations.gov under 

Docket No. FWS–R1–ES–2018–0044 and 

upon request from the Oregon Fish and 

Wildlife Office (see FOR FURTHER

INFORMATION CONTACT). 

Authors 

The primary authors of this rule are 

the staff members of the Fish and 

Wildlife Service’s Species Assessment 

Team and the Oregon Fish and Wildlife 

Office. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Regulation Promulgation 

Accordingly, we amend part 17, 

subchapter B of chapter I, title 50 of the 

Code of Federal Regulations, as set forth 

below: 

PART 17—ENDANGERED AND 

THREATENED WILDLIFE AND PLANTS 

■ 1. The authority citation for part 17 

continues to read as follows: 

AUTHORITY: 16 U.S.C. 1361–1407; 1531– 

1544; and 4201–4245, unless otherwise 

noted. 

■ 2. Amend § 17.11 in paragraph (h) by 

adding an entry for ‘‘Bee, bumble, 

Franklin’s’’ to the List of Endangered 

and Threatened Wildlife in alphabetical 

order under INSECTS to read as follows: 

§ 17.11 Endangered and threatened 

wildlife. 

* * * * * 

(h) * * * 

Common name Scientific name Where listed Status Listing citations and applicable rules 

*******

INSECTS

Bee, bumble, Franklin’s .. Bombus franklini ............. Wherever found .............. E ......... 85 FR [Insert Federal Register page where the 

document begins], 8/24/21. 

* * * * * * * 

Martha Williams, 

Principal Deputy Director, Exercising the 

Delegated Authority of the Director, U.S. Fish 

and Wildlife Service. 

[FR Doc. 2021–17832 Filed 8–23–21; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No.: 210415–0082] 

RTID 0648–XB316 

Pacific Halibut Fisheries; Catch 

Sharing Plan; Inseason Action 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment; request for comments. 

SUMMARY: This document announces 

two additional season dates of August 

27 and September 24 for the 

Washington South Coast and Columbia 

River subareas for Pacific halibut 

recreational fisheries in the 

International Pacific Halibut 

Commission’s regulatory Area 2A off 

Washington, Oregon, and California. 

This action is intended to conserve 

Pacific halibut and provide angler 

opportunity where available. 

DATES: This action is effective August 

20, 2021, through September 30, 2021. 

Submit comments on or before 

September 8, 2021. 

ADDRESSES: Submit your comments, 

identified by NOAA–NMFS–2020–0157, 

by either of the following methods: 

• Federal e-Rulemaking Portal: Go to 

www.regulations.gov/docket/NOAANMFS-2020-0157, click the ‘‘Comment’’ 

icon, complete the required fields, and 

enter or attach your comments. 

• Mail: Submit written comments to 

Barry Thom, c/o Kathryn Blair, West 

Coast Region, NMFS, 1201 NE Lloyd 

Blvd., Suite 1100, Portland, OR 97232. 

Instructions: NMFS may not consider 

comments if they are sent by any other 

method, to any other address or 

individual, or received after the 

comment period ends. All comments 

received are a part of the public record 

and NMFS will post them for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender is 

publicly accessible. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

Docket: This rule is accessible via the 

internet at the Office of the Federal 

Register website at https:// 


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Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Rules and Regulations 47239 

www.federalregister.gov/. Background 

information and documents are 

available at the NOAA Fisheries website 

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

action/2021-pacific-halibut-catchsharing-plan and at the Council’s 

website at http://www.pcouncil.org. 

Other comments received may be 

accessed through www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kathryn Blair, phone: 503–231–6858, 

fax: 503–231–6893, or email: 

kathryn.blair@noaa.gov. 

SUPPLEMENTARY INFORMATION: On April 

21, 2021, NMFS published a final rule 

implementing the Pacific halibut Area 

2A Catch Sharing Plan and recreational 

(sport) management measures for 2021 

(86 FR 20638), as authorized by the 

Northern Pacific Halibut Act of 1982 (16 

U.S.C. 773–773(k)). The 2021 Catch 

Sharing Plan provides a recommended 

framework for NMFS’ annual 

management measures and subarea 

allocations based on the 2021 Area 2A 

Pacific halibut catch limit of 1,510,000 

pounds (lb) (684.9 metric tons (mt)). 

These Pacific halibut management 

measures include recreational fishery 

season dates and subarea allocations. 

Federal regulations at 50 CFR 

300.63(c), ‘‘Flexible Inseason 

Management Provisions for Sport 

Halibut Fisheries in Area 2A,’’ allow the 

NMFS’ Regional Administrator, after 

consultation with the Chairman of the 

Pacific Fishery Management Council 

(Council), the Executive Director of the 

International Pacific Halibut 

Commission (IPHC), and the Fisheries 

Directors of the affected states, or their 

designees, to modify annual regulations 

during the season. These inseason 

provisions allow the Regional 

Administrator to modify sport fishing 

periods, bag limits, size limits, days per 

calendar week, and subarea quotas, if it 

is determined it is necessary to meet the 

allocation objectives and the action will 

not result in exceeding the catch limit. 

Regulations at this section also state that 

NMFS may take inseason action to 

transfer projected unused quota from 

recreational fisheries north of Cape 

Falcon, Oregon, and transfer it to 

another Washington subarea (50 CFR 

300.63(c)(iii)). 

NMFS has determined that, due to 

lower than expected landings in 

portions of Washington, inseason action 

to modify the 2021 annual regulations is 

warranted at this time to help ensure the 

Area 2A allocations as published in the 

final rule (86 FR 20638; April 21, 2021) 

are met. As stated above, inseason 

modification of the fishing season is 

authorized by Federal regulations at 50 

CFR 300.63(c). After a virtual 

consultation with IPHC, the Council, 

and the Washington Department of Fish 

and Wildlife (WDFW) on July 23, 2021, 

NMFS determined the following 

inseason action is necessary to meet the 

management objective of attaining the 

subarea allocations, and is consistent 

with the inseason management 

provisions allowing for the modification 

of sport fishing periods and sport 

fishing days per calendar week. Notice 

of these additional dates and closure of 

the fisheries will also be announced on 

the NMFS hotline at 206–526–6667 or 

800–662–9825. 

Inseason Action 

Description of the action: This 

inseason action implements up to two 

additional fishing dates for the 

Washington South Coast and Columbia 

River subareas during the 2021 

recreational fishery. 

Reason for the action: The purpose of 

this inseason action is to provide 

additional opportunity for anglers in 

Washington on August 27 and 

September 24. NMFS has determined 

that these additional dates are 

warranted due to much lower than 

expected landings through July 2021, 

and the expectation that a substantial 

amount of subarea allocation will go 

unharvested without additional fishing 

dates. As of July 22, anglers in all 

Washington and Columbia River 

subareas have harvested 203,899 lb 

(92.5 mt) of the 289,517 lb (131.3 mt) 

allocations, leaving 85,618 lb remaining 

(30 percent of the subarea allocation). 

For reference, in 2018 and 2019, all 

Washington and Columbia River 

subareas had attained 94 and 93 

percent, respectively, of the available 

recreational quota by the end of June. 

On July 21, 2021, NMFS published an 

inseason (86 FR 38415) adding 

additional open dates for the 

Washington North Coast and Puget 

Sound subareas based on data through 

June 10, 2021. Catch tracked lower than 

anticipated for the remaining June 

season dates and even with the 

additional 17 fishing dates, NMFS 

estimates that there would be quota 

remaining from the Washington 

allocation. Without additional fishing 

days in this action, the season dates 

implemented in the April 21, 2021 (86 

FR 20638) final rule and including the 

additional days in the July 21, 2021 

inseason (86 FR 38415), would likely 

result in substantial unharvested quota 

in the state of Washington. 

In order for anglers to have the 

opportunity to achieve the combined 

subarea allocations in Washington, and 

with little risk of the quota being 

exceeded, WDFW requested NMFS 

implement additional season dates for 

participants in the Washington South 

Coast and Columbia River subareas. 

Therefore, through this action NMFS is 

announcing new season dates in August 

and September that were not previously 

implemented in the April 21, 2021 final 

rule (86 FR 20638) and the July 21, 2021 

inseason (86 FR 38415). Specifically, the 

additional season dates for the 

Washington South Coast and Columbia 

River subareas are August 27 and 

September 24. These additional dates 

result in up to two statewide open days, 

with the Washington North Coast and 

Puget Sound already scheduled to be 

open on those dates. 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 additional 

dates 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 until NMFS has determined 

there is not sufficient quota for another 

full day of fishing, and the area is closed 

by the IPHC, or the season closes on 

September 30, whichever is earlier. 

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 July 

22, 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 Washington 

recreational fishery have only caught 70 

percent of all Washington and the 

Columbia River subarea’s combined 

allocations. 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 


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47240 Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Rules and Regulations 

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 combined Washington and 

Columbia River subarea allocations 

would not be harvested, limiting 

economic benefits to the participants 

and not meeting the goals of the Catch 

Sharing 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 for 

public inspection, 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: August 19, 2021. 

Kelly Denit, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2021–18211 Filed 8–20–21; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 210217–0022] 

RTID 0648–XB349 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Reallocation of 

Pacific Cod in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from vessels using jig gear and catcher 

vessels greater than or equal to 60 feet 

(18.3 meters (m)) length overall (LOA) 

using hook-and-line gear to catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear in the 

Bering Sea and Aleutian Islands 

management area (BSAI). This action is 

necessary to allow the 2021 total 

allowable catch (TAC) of Pacific cod to 

be harvested. 

DATES: Effective August 23, 2021, 

through 2400 hours, Alaska local time 

(A.l.t.), December 31, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Krista Milani, 907–581–2062. 

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 Pacific cod TAC specified 

for vessels using jig gear in the BSAI is 

1,565 metric tons (mt) as established by 

the final 2021 and 2022 harvest 

specifications for groundfish in the 

BSAI (86 FR 11449, February 25, 2021). 

The 2021 Pacific cod TAC specified 

for catcher vessels greater than or equal 

to 60 feet (18.3 m) LOA using hook-andline gear in the BSAI is 222 mt as 

established by the final 2021 and 2022 

harvest specifications for groundfish in 

the BSAI (86 FR 11449, February 25, 

2021). 

The 2021 Pacific cod TAC allocated to 

catcher vessels less than 60 feet (18.3 m) 

LOA using hook-and-line or pot gear in 

the BSAI is 2,222 mt as established by 

final 2021 and 2022 harvest 

specifications for groundfish in the 

BSAI (86 FR 11449, February 25, 2021). 

The Administrator, Alaska Region, 

NMFS, (Regional Administrator) has 

determined that jig vessels will not be 

able to harvest 1,500 mt of the 2021 

Pacific cod TAC allocated to those 

vessels under § 679.20(a)(7)(ii)(A)(1) and 

catcher vessels greater than or equal to 

60 feet (18.3 m) LOA using hook-andline gear will not be able to harvest 222 

mt of the 2021 Pacific cod TAC 

allocated to those vessels under 

§ 679.20(a)(7)(ii)(A)(3). 

Therefore, in accordance with 

§ 679.20(a)(7)(iv)(C), NMFS apportions 

1,500 mt of Pacific cod from the jig 

vessels to the annual amount specified 

for catcher vessels less than 60 feet (18.3 

m) LOA using hook-and-line or pot gear. 

Also, in accordance with 

§ 679.20(a)(7)(iii)(A), NMFS reallocates 

222 mt from the catcher vessels greater 

than or equal to 60 feet (18.3 m) LOA 

using hook-and-line gear to the annual 

amount specified for catcher vessels less 

than 60 feet (18.3 m) LOA using hookand-line or pot gear. 

The harvest specifications for 2021 

Pacific cod included in final 2021 and 

2022 harvest specifications for 

groundfish in the BSAI (86 FR 11449, 

February 25, 2021) is revised as follows: 

65 mt to vessels using jig gear, 0 mt to 

catcher vessels greater than or equal to 

60 feet (18.3 m) LOA using hook-andline gear, and 3,944 mt to catcher 

vessels less than 60 feet (18.3 m) LOA 

using hook-and-line or pot gear. 

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. This requirement is 

impracticable and contrary to the public 


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