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 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 103 / Tuesday, June 1, 2021 / Rules and Regulations 29211 

§ 660.231(b)(3)(iv) to decrease the 

incidental Pacific halibut catch limit to 

enable some efficiency without 

exceeding the harvest limit. The limit 

will be reduced from 250 lb (113 kg) 

dressed weight of halibut for every 

1,000 lb (454 kg) dressed weight of 

sablefish landed, and up to two halibut 

in excess of the ratio, to 225 lb (102 kg) 

dressed weight of halibut for every 

1,000 lb (454 kg) dressed weight of 

sablefish landed, and up to two halibut 

in excess of the ratio. This decrease is 

expected to allow opportunity for total 

catch of Pacific halibut to approach, but 

not exceed, the 2021 allocation for the 

sablefish primary fishery north of Point 

Chehalis, WA (70,000 lb or 31.8 mt). 

Classification 

This final rule makes routine inseason 

adjustments to groundfish fishery 

management measures, based on the 

best scientific information available, 

consistent with the PCGFMP and its 

implementing regulations. 

This action is taken under the 

authority of 50 CFR 660.60(c) and is 

exempt from review under Executive 

Order 12866. 

The aggregate data upon which these 

actions are based are available for public 

inspection by contacting Abbie Moyer 

in NMFS’ West Coast Region (see FOR

FURTHER INFORMATION CONTACT, above), 

or view at the NMFS West Coast 

Groundfish website: http://

www.westcoast.fisheries.noaa.gov/ 

fisheries/groundfish/index.html. 

NMFS finds good cause to waive prior 

public notice and comment on the 

revisions to groundfish management 

measures under 5 U.S.C. 553(b) because 

notice and comment would be 

impracticable and contrary to the public 

interest. The adjustments to 

management measures in this document 

affect commercial fisheries off the coast 

of Washington. No aspect of this action 

is controversial, and changes of this 

nature were anticipated in the final rule 

for the 2021–2022 harvest specifications 

and management measures, which was 

published on December 11, 2020 (85 FR 

79880). Accordingly, for the reasons 

stated below, NMFS finds good cause to 

waive prior notice and comment. 

At its March 2021 meeting, the 

Council recommended the decrease to 

the incidental Pacific halibut retention 

limit for vessels fishing in the sablefish 

primary fishery north of Point Chehalis. 

The sablefish primary fishery opened on 

April 1. The Council recommends this 

precautionary reduction be 

implemented as soon as possible, early 

in the season, in an effort to prolong the 

amount of time Pacific halibut may be 

retained in the sablefish primary fishery 

north of Point Chehalis. 

Additionally, if the new limit is not 

implemented until closer to the end of 

the season, after a full rulemaking, the 

sablefish primary fishery north of Point 

Chehalis would be more likely to reach 

or exceed its 2021 allocation of Pacific 

halibut before the end of the sablefish 

primary fishery season. Therefore, 

providing a comment period for this 

action could limit the equitable benefits 

to the fishery, and the vessels that 

participate in the fishery, as they rely on 

the Pacific halibut retention allowance 

throughout the entire season and could 

result in a greater risk of exceeding the 

Pacific halibut harvest allocation. 

Because prior notice and an 

opportunity for public comment are not 

required to be provided for this rule by 

5 U.S.C. 553, or any other law, the 

analytical requirements of the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., are not applicable. Accordingly, 

no Regulatory Flexibility Analysis is 

required for this rule and none has been 

prepared. 

For the same reasons stated above, 

NMFS has determined good cause exists 

to waive the 30-day delay in 

effectiveness pursuant to 5 U.S.C. 553(d) 

so that this final rule may become 

effective upon publication in the 

Federal Register. The adjustments to 

management measures in this document 

affect commercial fisheries by 

decreasing the incidental halibut 

retention limit in the sablefish primary 

fishery north of Point Chehalis, WA. 

This adjustment was requested by the 

Council’s advisory bodies, as well as 

members of industry during the 

Council’s March 2021, meeting, and 

recommended unanimously by the 

Council. No aspect of this action is 

controversial, and changes of this nature 

were anticipated in the biennial harvest 

specifications and management 

measures established through a notice 

and comment rulemaking for 2021–2022 

(85 FR 79880, December 11, 2020). 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, and Indian 

Fisheries. 

Dated: May 25, 2021. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 660 is 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 § 660.231, revise paragraph 

(b)(3)(iv) to read as follows: 

§ 660.231 Limited entry fixed gear 

sablefish primary fishery. 

* * * * * 

(b) * * * 

(3) * * * 

(iv) Incidental Pacific halibut 

retention north of Pt. Chehalis, WA 

(46°53.30′ N lat.). From April 1 through 

October 31, vessels authorized to 

participate in the sablefish primary 

fishery, licensed by the International 

Pacific Halibut Commission for 

commercial fishing in Area 2A (waters 

off Washington, Oregon, California), and 

fishing with longline gear north of Pt. 

Chehalis, WA (46°53.30′ N lat.) may 

possess and land up to 225 lbs (102 kg) 

dressed weight of Pacific halibut for 

every 1,000 lbs (454 kg) dressed weight 

of sablefish landed, and up to two 

additional Pacific halibut in excess of 

the 225-lbs-per-1,000-pound limit per 

landing. ‘‘Dressed’’ Pacific halibut in 

this area means halibut landed 

eviscerated with their heads on. Pacific 

halibut taken and retained in the 

sablefish primary fishery north of Pt. 

Chehalis may only be landed north of 

Pt. Chehalis and may not be possessed 

or landed south of Pt. Chehalis. 

* * * * * 

[FR Doc. 2021–11417 Filed 5–28–21; 8:45 am] 

BILLING CODE 3510–22–P 


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