Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations 29209 

requirements, and imposes no 

additional requirements beyond those 

imposed by state law, and there are no 

anticipated significant adverse human 

health or environmental effects, the rule 

is not subject to Executive Order 12898. 

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

801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this 

document and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication of the final 

rule correction in the Federal Register. 

A major rule cannot take effect until 60 

days after it is published in the Federal 

Register. This correction is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act as 

amended, 42 U.S.C. 6912(a), 6926, and 

6974(b). 

Dated: May 24, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2021–11394 Filed 5–28–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 120404257–3325–02; RTID 

0648–XB110] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; 2021 

Commercial Hook-and-Line Closure for 

South Atlantic Golden Tilefish 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS implements an 

accountability measure for the 

commercial hook-and-line component 

of golden tilefish in the South Atlantic 

exclusive economic zone (EEZ). NMFS 

projects that commercial hook-and-line 

landings for golden tilefish will reach 

the commercial quota for the hook-andline component by June 1, 2021. 

Therefore, NMFS closes the commercial 

hook-and-line component for golden 

tilefish in the South Atlantic EEZ on 

June 1, 2021. This closure is necessary 

to protect the golden tilefish resource. 

DATES: This temporary rule is effective 

at 12:01 a.m., Eastern Time, on June 1, 

2021, until 12:01 a.m., Eastern Time, on 

January 1, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes golden tilefish and is 

managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and NMFS, and is 

implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. All 

weights in this temporary rule are given 

in gutted weight. 

The commercial sector for golden 

tilefish has two components, each with 

its own quota: The hook-and-line and 

longline components (50 CFR 

622.190(a)(2)). The golden tilefish 

commercial annual catch limit (ACL) is 

allocated 25 percent to the hook-andline component and 75 percent to the 

longline component. The total 

commercial ACL (equivalent to the 

commercial quota) for golden tilefish is 

331,740 lb (150,475 kg), and the hookand-line component ACL is 82,935 lb 

(37,619 kg). 

Under 50 CFR 622.193(a)(1)(i), NMFS 

is required to close the commercial 

hook-and-line component for golden 

tilefish when its commercial ACL has 

been reached, or is projected to be 

reached, by filing such a notification 

with the Office of the Federal Register. 

NMFS has determined that the 

commercial ACL for the golden tilefish 

hook-and-line component in the South 

Atlantic will be reached by June 1, 2021. 

Accordingly, the commercial hook-andline component of South Atlantic 

golden tilefish is closed effective at 

12:01 a.m., Eastern Time, on June 1, 

2021. 

The commercial longline component 

for South Atlantic golden tilefish also 

closed on March 31, 2021, and will 

remain closed for the remainder of the 

current fishing year, through December 

31, 2021 (86 FR 14549; March 17, 2021). 

Therefore, because the commercial 

longline component is already closed, 

and NMFS is closing the commercial 

hook-and-line component through this 

temporary rule, all harvest of South 

Atlantic golden tilefish in the EEZ is 

limited to the recreational bag and 

possession limits specified in 50 CFR 

622.187(b)(2)(iii) and (c)(1) as long as 

the recreational sector is open. 

The operator of a vessel with a valid 

Federal commercial vessel permit for 

South Atlantic snapper-grouper having 

golden tilefish on board harvested by 

hook-and-line must have landed and 

bartered, traded, or sold such golden 

tilefish prior to 12:01 a.m., Eastern 

Time, on June 1, 2021. During the 

closure, the sale or purchase of golden 

tilefish taken from the EEZ is 

prohibited. The prohibition on sale or 

purchase does not apply to the sale or 

purchase of golden tilefish that were 

harvested by hook-and-line, landed 

ashore, and sold prior to 12:01 a.m., 

Eastern Time, on June 1, 2021, and were 

held in cold storage by a dealer or 

processor. For a person on board a 

vessel for which a Federal commercial 

or charter vessel/headboat permit for the 

South Atlantic snapper-grouper fishery 

has been issued, the recreational bag 

and possession limits and the sale and 

purchase prohibitions during the 

commercial closure for golden tilefish 

apply regardless of whether the fish are 

harvested in state or Federal waters, as 

specified in 50 CFR 622.190(c)(1)(ii). 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

622.193(a)(1), which was issued 

pursuant to section 304(b) of the 

Magnuson-Stevens Act, 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 is 

unnecessary and contrary to the public 

interest. Such procedures are 

unnecessary because the regulations 

associated with the commercial closure 

of the golden tilefish hook-and-line 

component have already been subject to 

notice and public comment, and all that 

remains is to notify the public of the 

closure. Such procedures are also 

contrary to the public interest because 

of the need to immediately implement 

the closure to protect the golden tilefish 

resource and minimize the risk of 

exceeding the sector’s ACL. Prior notice 

and opportunity for public comment 

would require time and would result in 

exceeding the sector’s ACL. 

For the aforementioned reasons, the 

Acting Assistant Administrator also 

finds good cause to waive the 30-day 


jbell on DSKJLSW7X2PROD with RULES
29210 Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations 

delay in the effectiveness of this action 

under 5 U.S.C. 553(d)(3). 

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

Dated: May 26, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2021–11492 Filed 5–27–21; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 201204–0325] 

RIN 0648–BK53 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

2021–2022 Biennial Specifications and 

Management Measures; Inseason 

Adjustments 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; inseason adjustments 

to biennial groundfish management 

measures. 

SUMMARY: This final rule announces 

routine inseason adjustments to the 

harvest limits for incidental Pacific 

halibut retention in the sablefish 

primary fishery. The Pacific Fishery 

Management Council recommended, 

and NMFS is implementing, a decrease 

to the incidental Pacific halibut catch 

limit to ensure equitable harvest 

opportunities without exceeding the 

harvest limit. 

DATES: This final rule is effective June 

1, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Abbie Moyer, phone: 206–305–9601 or 

email: abbie.moyer@noaa.gov. 

Electronic Access 

This rule is accessible via the internet 

at the Office of the Federal Register 

website at https://

www.federalregister.gov. Background 

information and documents are 

available at the Pacific Fishery 

Management Council’s website at http:// 

www.pcouncil.org/. 

SUPPLEMENTARY INFORMATION: 

Background 

The Pacific Coast Groundfish Fishery 

Management Plan (PCGFMP), and its 

implementing regulations at 50 CFR part 

660, subparts C through G, regulate 

fishing for over 90 species of groundfish 

off the coasts of Washington, Oregon, 

and California. The Pacific Fishery 

Management Council (Council) 

develops groundfish harvest 

specifications and management 

measures for two-year periods (i.e., a 

biennium). NMFS published the final 

rule to implement harvest specifications 

and management measures for the 

2021–2022 biennium for most species 

managed under the PCGFMP on 

December 11, 2020, (85 FR 79880). 

NMFS also published a correction (85 

FR 86853, December 31, 2020), and a 

correcting amendment (86 FR 14379, 

March 16, 2021) to implement the 

Council’s recommendations for the 

2021–2022 harvest specifications and 

management measures. 

In general, the management measures 

set at the start of the biennial harvest 

specifications cycle help the various 

sectors of the fishery attain, but not 

exceed, the catch limits for each stock. 

The Council, in coordination with 

Pacific Coast Treaty Indian Tribes and 

the states of Washington, Oregon, and 

California, recommends adjustments to 

the management measures during the 

fishing year to achieve this goal. At its 

March 2–5 and 8–11, 2021, meeting, the 

Council recommended decreasing the 

amount of Pacific halibut that vessels in 

the sablefish primary fishery north of 

Point Chehalis, WA, may take 

incidentally to ensure that catch of 

Pacific halibut stays within the 

allocated amount. 

Pacific halibut is generally a 

prohibited species for vessels fishing in 

Pacific coast groundfish fisheries, unless 

explicitly allowed in groundfish 

regulations. The Council developed a 

Catch Sharing Plan for the International 

Pacific Halibut Commission (IPHC) 

Regulatory Area 2A, as provided for in 

the Northern Pacific Halibut Act of 1982 

(16 U.S.C. 773–773k), to allocate the 

Area 2A annual total allowable catch 

(TAC) for Pacific halibut among 

fisheries off Washington, Oregon, and 

California. 

Under the Catch Sharing Plan, the 

sablefish primary fishery north of Point 

Chehalis, WA (46°53.30′ N lat.) is 

allocated a portion of the Washington 

recreational allocation, which varies via 

a TAC-dependent formula, as described 

in the Catch Sharing Plan. 

The sablefish primary fishery season 

is open from April 1 to October 31, 

though the fishery may close for 

individual participants prior to October 

31 once they reach the cumulative limit 

associated with their tier assignment(s). 

Regulations at § 660.231(b)(3)(iv) allow 

vessels fishing in the sablefish primary 

fishery with a permit from the IPHC to 

retain Pacific halibut up to a set landing 

limit, which may be reviewed and 

modified throughout the sablefish 

primary fishery season to allow for 

attainment, but not exceedance of the 

Pacific halibut allocation. The objectives 

for the annual landing restrictions are to 

allow incidental Pacific halibut catch to 

attain the Pacific halibut allocation at 

about the same time the sablefish 

primary season ends (October 31), and 

to ensure an equitable sharing of the 

Pacific halibut landings among the 

fishers. 

On March 9, 2021, NMFS 

implemented a 2021 Area 2A TAC of 

1,510,000 pound (lb) (684.9 metric tons 

(mt)) (86 FR 13475). As specified by the 

Catch Sharing Plan, since the 2021 Area 

2A catch limit is greater than 1.5 million 

pounds (680.4 mt), the incidental 

halibut limit for the sablefish primary 

fishery’s allocation is 70,000 lb (31.8 mt) 

(86 FR 13475, March 9, 2021), the same 

limit as was in place in 2020. In 2020, 

due to the COVID–19 pandemic 

affecting vessel participation, harvest 

during the regular sablefish primary 

fishery season was lower than 

predicted. As a result, at the September 

2020 Council meeting, the Council 

recommended, and NMFS 

implemented, an emergency rule to 

extend the sablefish primary season, 

normally scheduled to end on October 

31, until December 31, 2020 (85 FR 

68001, October 27, 2020). Also, as part 

of that emergency rule, the incidental 

Pacific halibut retention allowance 

continued until the close of the Pacific 

halibut season on November 15, 2020. 

The 2020 season concluded with 90.5 

percent of the 70,000 lb (31.8 mt) 

allowance for Pacific halibut landed. 

The effects of the COVID–19 pandemic 

on sablefish primary fishery harvest are 

expected to be lessened in 2021, 

compared to 2020. If fishing patterns 

return to more typical seasonal efforts in 

2021, the incidental Pacific halibut 

retention limit in place in 2020 may be 

too high, and harvest of Pacific halibut 

may accrue too quickly to allow 

retention throughout the entire sablefish 

primary season, which is expected to 

run through October 31, 2021. 

Therefore, at the March 2021 virtual 

meeting, the Council recommended a 

precautionary reduction in Pacific 

halibut retention allowance early in the 

2021 sablefish primary fishery season to 

discourage targeted fishing while 

allowing small incidental catches 

through the end of the season on 

October 31. 

The Council recommended, and 

NMFS is revising the incidental Pacific 

halibut retention regulations at 


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