Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules 48969 

fishery and 86 percent to the 

recreational fishery (a 3-percentage 

point change from the current 

allocations of 17 percent to the 

commercial sector and 83 percent to the 

recreational sector); 

• Re-allocate bluefish commercial 

quota to the states from Maine to Florida 

based on the most recent 10 years of 

landings data (2009–2018) rather than 

outdated historical information (1981– 

1989), including a 0.1-percent minimum 

default allocation so no states in the 

management unit lose quota entirely; 

• Implement a 7-year rebuilding plan 

using a constant fishing mortality model 

where fishing mortality (F) = 0.154; 

• Revise measures to allow the sector 

quota transfer to be bi-directional (from 

commercial to recreational or vice 

versa), with a revised maximum transfer 

cap of 10-percent of the Acceptable 

Biological Catch; and 

• Revise administrative measures in 

the specifications process to allow for 

the accounting of sector-specific 

management uncertainty. 

Additional information on these 

proposed changes can be found in the 

EA for this amendment and forthcoming 

proposed rule. 

Public Comment Instructions 

The Magnuson-Stevens Act allows 

NMFS as the implementing agency to 

approve, partially approve, or 

disapprove measures recommended by 

the Council in a regulatory amendment 

based on whether the measures are 

consistent with the FMP, the MagnusonStevens Act and its National Standards, 

and other applicable law. As such, 

NMFS is soliciting public comments on 

whether the measures in Amendment 7 

to the Atlantic Bluefish FMP and its 

supporting documents are consistent 

with the FMP, the Magnuson-Stevens 

Act, and other applicable law. Public 

comments on this amendment may be 

submitted through the end of the 

comment period specified in the DATES

section of this notice of availability 

(NOA). 

A proposed rule that would 

implement this amendment, including 

draft regulatory text, will also be 

published in the Federal Register for 

public comment. All comments received 

by the end of the comment period on 

this NOA, whether specifically directed 

to the NOA or the proposed rule, will 

be considered in the approval/ 

disapproval decision on Amendment 7. 

Comments received after the end of the 

comment period for this NOA will not 

be considered in the approval/ 

disapproval decision of this action. 

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

Dated: August 27, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–18848 Filed 8–31–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 210826–0168] 

RIN 0648–BK56 

Fisheries Off West Coast States; 

Coastal Pelagic Species Fisheries; 

Biennial Specifications; 2021–2022 and 

2022–2023 Specifications for Pacific 

Mackerel 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule. 

SUMMARY: NMFS proposes to implement 

allowable catch levels, an overfishing 

limit, an allowable biological catch, and 

an annual catch limit for Pacific 

mackerel in the U.S. exclusive economic 

zone off the West Coast (California, 

Oregon and Washington) for the fishing 

seasons 2021–2022 and 2022–2023. This 

proposed rule is pursuant to the Coastal 

Pelagic Species Fishery Management 

Plan. The proposed harvest guideline 

and annual catch target for the 2021– 

2022 fishing season are 8,323 metric 

tons (mt) and 7,323 mt, respectively. 

The proposed harvest guideline and 

annual catch target for the 2022–2023 

fishing season are 5,822 mt and 4,822 

mt, respectively. If the fishery attains 

the annual catch target in either fishing 

season, the directed fishery will close, 

reserving the 1,000-mt difference 

between the harvest guideline and 

annual catch target as a set-aside for 

incidental landings in other Coastal 

Pelagic Species fisheries and other 

sources of mortality. This document is 

intended to conserve and manage the 

Pacific mackerel stock off the U.S. West 

Coast. 

DATES: Comments must be received by 

October 1, 2021. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2021–0066, by any of the 

following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov and enter NOAA– 

NMFS–2021–0066 in the Search box. 

Click on the ‘‘Comment’’ icon, complete 

the required fields, and enter or attach 

your comments. 

Instructions: Comments sent by any 

other method or received after the end 

of the comment period may not be 

considered by NMFS. All comments 

received are a part of the public record 

and will generally be posted 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 will 

be publicly accessible. NMFS will 

accept anonymous comments (enter ‘‘N/ 

A’’ in the required fields if you wish to 

remain anonymous). 

FOR FURTHER INFORMATION CONTACT: 

Taylor Debevec, West Coast Region, 

NMFS, (562) 619–2052, 

Taylor.Debevec@noaa.gov. 

SUPPLEMENTARY INFORMATION: Under the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act), 16 U.S.C. 1801 

et seq., NMFS manages the Pacific 

mackerel fishery in the U.S. exclusive 

economic zone (EEZ) off the West Coast 

in accordance with the Coastal Pelagic 

Species (CPS) Fishery Management Plan 

(FMP). The CPS FMP and its 

implementing regulations require NMFS 

to set annual harvest specifications for 

the Pacific mackerel fishery based on 

the annual specification framework and 

control rules in the FMP. The Pacific 

mackerel fishing season runs from July 

1 to June 30. The purpose of this 

proposed rule is to implement these 

harvest specifications, which include 

allowable harvest levels (i.e., annual 

catch target (ACT) and harvest guideline 

(HG)), an annual catch limit (ACL), and 

annual catch reference points (i.e., 

overfishing limit (OFL) and acceptable 

biological catch (ABC)). The uncertainty 

surrounding the current biomass 

estimates for Pacific mackerel for the 

2021–2022 and 2022–2023 fishing 

seasons was taken into consideration in 

the development of these harvest 

specifications. Any Pacific mackerel 

harvested between July 1, 2021, and the 

effective date of the final rule would 

count toward the 2021–2022 ACT and 

HG. 

During public meetings each year, the 

NMFS Southwest Fisheries Science 

Center (SWFSC) presents biomass 

estimates for Pacific mackerel to the 

Pacific Fishery Management Council’s 

(Council) CPS Management Team 

(CPSMT), the Council’s CPS Advisory 

Subpanel (CPSAS) and the Council’s 

Scientific and Statistical Committee 


khammond on DSKJM1Z7X2PROD with PROPOSALS
48970 Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules 

1 Directed fishing for live bait and minor directed 

fishing is allowed to continue during a closure of 

the directed fishery. 

(SSC), and the biomass estimates and 

the status of the fisheries are reviewed 

and discussed. The CPSMT, CPSAS, 

and SSC then provide recommendations 

and comments to the Council regarding 

the calculated OFL, ABC, ACL, HG and 

ACT. Following Council review and 

after hearing public comment, the 

Council adopts biomass estimates and 

makes its harvest specification 

recommendations to NMFS. Biennial 

specifications published in the Federal 

Register establish these allowable 

harvest levels (i.e., ACT/HG) as well as 

OFL, ABC, and ACL for the upcoming 

two Pacific mackerel fishing seasons. 

The control rules in the CPS FMP 

include the HG control rule, which, in 

conjunction with the OFL and ABC 

rules, are used to manage Pacific 

mackerel. According to the FMP, the 

quota for the principal commercial 

fishery, the HG, is determined using the 

FMP-specified HG formula. The HG is 

based, in large part, on the estimate of 

stock biomass for the fishing year. The 

biomass estimate is an explicit part of 

the various harvest control rules for 

Pacific mackerel, and as the estimated 

biomass decreases or increases from one 

year to the next, the resulting allowable 

catch levels similarly trend. The harvest 

control rule in the CPS FMP is HG = 

[(Biomass-Cutoff) * Fraction * 

Distribution] with the parameters 

described as follows: 

1. Biomass. The estimated stock 

biomass of Pacific mackerel for the 

2021–2022 management season is 

57,832 metric tons (mt). The estimated 

stock biomass of Pacific mackerel for the 

2022–2023 management season is 

45,925 mt. 

2. Cutoff. This is the biomass level 

below which no commercial fishery is 

allowed. The FMP established this level 

at 18,200 mt. 

3. Fraction. The harvest fraction is the 

percentage of the biomass above 18,200 

mt that may be harvested. This is set in 

the FMP at 30 percent. 

4. Distribution. Pacific mackerel range 

from Mexico to Alaska and regularly 

migrate between Mexico and the U.S. 

West Coast. Because some of the Pacific 

mackerel stock exists outside of U.S. 

waters, the Distribution parameter is 

used to estimate the proportion of the 

total biomass in U.S. waters and to 

calculate U.S. catch limits. The average 

portion of the total Pacific mackerel 

biomass estimated in the West Coast 

U.S. EEZ is set in the FMP at 70 percent. 

The 70 percent distribution estimate is 

based on the average historical larval 

distribution obtained from scientific 

cruises and the distribution of the 

resource according to the logbooks of 

aerial fish-spotters. 

The Council has recommended, and 

NMFS is proposing, Pacific mackerel 

harvest specifications for both the 2021– 

2022 and 2022–2023 fishing seasons. 

For the 2021–2022 Pacific mackerel 

fishing season these include an OFL of 

12,145 mt, an ABC and ACL of 9,446 mt, 

a HG of 8,323 mt, and an annual ACT 

of 7,323 mt. For the 2022–2023 Pacific 

mackerel fishing season these include 

an OFL of 9,644 mt, and ABC and ACL 

of 7,501 mt, a HG of 5,822 mt, and an 

ACT of 4,822 mt. These catch 

specifications are based on the control 

rules established in the CPS FMP and 

biomass estimates of 57,832 mt (2021– 

2022) and 45,925 mt (2022–2023). The 

biomass estimates are the result of a 

catch-only stock assessment the NMFS 

SWFSC completed in June 2021. The 

Council’s SSC and the Council 

approved this stock assessment and 

resulting biomass estimates as the best 

scientific information available for 

management at the June 2021 Council 

meeting. 

Under this proposed action, in the 

unlikely event that catch reaches the 

ACT in either fishing season, directed 

fishing would close, reserving the 

difference between the HG and ACT 

(1,000 mt) as a set-aside for incidental 

landings in other fisheries and other 

sources of mortality.1 For the remainder 

of the fishing season, incidental 

landings in CPS fisheries would be 

constrained to a 45-percent incidental 

catch allowance (in other words, no 

more than 45 percent by weight of the 

CPS landed per trip may be Pacific 

mackerel); and in non-CPS fisheries, up 

to 3 mt of Pacific mackerel may be 

landed incidentally per fishing trip. The 

incidental set-aside is intended to allow 

continued operation of fisheries for 

other stocks, particularly other CPS 

stocks that may school with Pacific 

mackerel. 

The NMFS West Coast Regional 

Administrator will publish a notice in 

the Federal Register announcing the 

date of any closure of directed fishing 

(when harvest levels reach or exceed the 

ACT). Additionally, to ensure the 

regulated community is informed of any 

closure, NMFS will also make 

announcements through other means 

available, including email to fishermen, 

processors, and state fishery 

management agencies. 

Classification 

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

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with the CPS FMP, other provisions of 

the Magnuson-Stevens Act, and other 

applicable law, subject to further 

consideration after public comment. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities, 

for the following reasons: 

For Regulatory Flexibility Act (RFA) 

purposes only, NMFS has established a 

small business size standard for 

businesses, including their affiliates, 

whose primary industry is commercial 

fishing (see 50 CFR 200.2). A business 

primarily engaged in commercial fishing 

(NAICS code 11411) is classified as a 

small business if it is independently 

owned and operated, is not dominant in 

its field of operation (including its 

affiliates), and has combined annual 

receipts not in excess of $11 million for 

all its affiliated operations worldwide. 

The small entities that would be 

affected by the proposed action are 

those vessels that harvest Pacific 

mackerel as part of the West Coast 

Coastal Pelagic Species (CPS) purse 

seine fleet and are all considered small 

businesses under the above size 

standards. 

The CPS Fishery Management Plan 

(FMP) and its implementing regulations 

requires the National Marine Fisheries 

Service (NMFS) to set an overfishing 

limit (OFL), acceptable biological catch 

(ABC), annual catch limit (ACL), harvest 

guidelines (HG) and annual catch target 

(ACT) for the Pacific mackerel fishery 

based on the harvest control rules in the 

FMP. These specific harvest control 

rules are applied to the current stock 

biomass estimate to derive these catch 

specifications, which are used to 

manage the commercial take of Pacific 

mackerel. A component of these control 

rules is that as the estimated biomass 

decreases or increases from one year to 

the next, so do the applicable quotas. 

Pacific mackerel harvest is one 

component of CPS fisheries off the U.S. 

West Coast, which also includes the 

fisheries for Pacific sardine, northern 

anchovy and market squid. Pacific 

mackerel are principally caught off 

southern California within the limited 

entry portion (south of 39 degrees N 

latitude; Point Arena, California) of the 

fishery. Currently there are 53 vessels 

permitted in the Federal CPS limited 

entry fishery off California. The average 

annual per vessel revenue in 2020 for 


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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules 48971 

vessels that landed Pacific mackerel was 

well below the threshold level of $11 

million; therefore, all of these vessels 

are considered small businesses under 

the RFA. Because each affected vessel is 

a small business, this proposed rule is 

considered to equally affect all of these 

small entities in the same manner. 

Therefore, this rule would not create 

disproportionate costs between small 

and large vessels/businesses. 

NMFS used the ex-vessel revenue 

information for a profitability analysis, 

as the cost data for the harvesting 

operations of CPS finfish vessels was 

limited or unavailable. For the 2019– 

2020 fishing year, the HG was 11,109 mt 

with an ACT of 10,109 mt and an 

incidental set-aside of 1,000 mt. 

Approximately 3,840 mt of Pacific 

mackerel were harvested in the 2019– 

2020 fishing year with an estimated exvessel value of approximately 

$1,299,153. 

The HG for the 2021–2022 Pacific 

mackerel fishing season is 8,323 mt, 

with an ACT of 7,323 mt and an 

incidental set-aside of 1,000 mt. The HG 

for the 2022–2023 Pacific mackerel 

fishing season is 5,822 mt with an ACT 

of 4,822 mt and an incidental set-aside 

of 1,000 mt. The proposed ACTs for 

these fishing years are lower than the 

prior two fishing years (i.e., 10,109 mt 

for 2019–2020 and 6,950 mt for 2020– 

2021). However, Pacific mackerel 

landings in the U.S. over the last ten 

management seasons (2009–2010 

through 2019–2020) have averaged only 

about 3,790 mt. Therefore it is highly 

unlikely that the ACTs proposed in this 

rule will limit the potential profitability 

to the fleet from catching Pacific 

mackerel compared to last season or 

recent catch levels. Accordingly, vessel 

income from fishing is not expected to 

be altered as a result of this rule as it 

compares to recent catches in the 

fishery, including under the previous 

season’s regulations. 

Based on the disproportionality and 

profitability analysis above, the 

proposed action, if adopted, will not 

have adverse or disproportional 

economic impact on these small 

business entities. As a result, an Initial 

Regulatory Flexibility Analysis is not 

required, and none has been prepared. 

This action does not contain a 

collection-of-information requirement 

for purposes of the Paperwork 

Reduction Act. There are no relevant 

Federal rules that may duplicate, 

overlap, or conflict with the proposed 

action. 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, Reporting and 

recordkeeping requirements. 

Dated: August 26, 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 proposed 

to be 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. 

■ 2. In § 660.511, revise paragraphs (i) 

and (j) to read as follows: 

§ 660.511 Catch restrictions. 

* * * * * 

(i) The following harvest 

specifications apply for Pacific 

mackerel: 

(1) For the Pacific mackerel fishing 

season July 1, 2021, through June 30, 

2022, the harvest guideline is 8,323 mt 

and the ACT is 7,323 mt; and 

(2) For the Pacific mackerel fishing 

season July 1, 2022, through June 30, 

2023, the harvest guideline is 5,822 mt 

and the ACT of 4,822 mt. 

(j) When an ACT in paragraph (i) of 

this section has been reached or 

exceeded, then for the remainder of the 

Pacific mackerel fishing season, Pacific 

mackerel may not be targeted and 

landings of Pacific mackerel may not 

exceed: 45 percent of landings when 

Pacific mackerel are landed in CPS 

fisheries (in other words, no more than 

45 percent by weight of the CPS landed 

per trip may be Pacific mackerel), or up 

to 3 mt of Pacific mackerel when landed 

in non-CPS fisheries. The Regional 

Administer shall announce in the 

Federal Register the date that an ACT 

is reached or exceeded, and the date and 

time that the restrictions described in 

this paragraph go into effect. 

* * * * * 

[FR Doc. 2021–18851 Filed 8–31–21; 8:45 am] 

BILLING CODE 3510–22–P 


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