[Federal Register Volume 86, Number 221 (Friday, November 19, 2021)]
[Rules and Regulations]
[Pages 64825-64827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25212]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 211115-0231]
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: Final rule.

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SUMMARY: NMFS is implementing allowable catch levels including 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 rule is finalized pursuant to the Coastal 
Pelagic Species Fishery Management Plan. The

[[Page 64826]]

harvest guideline and annual catch target for the 2021-2022 fishing 
season are 8,323 metric tons (mt) and 7,323 mt, respectively. The 
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 and other sources of mortality. This rule is intended to 
conserve and manage the Pacific mackerel stock off the U.S. West Coast.

DATES: Effective December 20, 2021.

FOR FURTHER INFORMATION CONTACT: Taylor Debevec, West Coast Region, 
NMFS, (562) 619-2052, [email protected].

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 control rules 
in the CPS FMP include the harvest guideline (HG) control rule, which 
in conjunction with the overfishing limit (OFL) and acceptable 
biological catch (ABC) rules, are used to manage harvest levels for 
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 current estimate of 
stock biomass. 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. More information on the Pacific 
Fishery Management Council's (Council) process for developing Pacific 
mackerel harvest specifications and more detail on the HG control rule 
are provided in the proposed rule for this action (86 FR 48969; 
September 1, 2021) and are not repeated here.
    The purpose of this final rule is to implement these harvest 
specifications, which include allowable harvest levels (i.e., annual 
catch target (ACT) and HG), an annual catch limit (ACL), and annual 
catch reference points (i.e., OFL and 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. The Pacific mackerel 
fishing season runs from July 1 to June 30. 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.
    The Council has recommended, and NMFS is implementing, 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' Southwest Fisheries Science Center completed in 
June 2021. The Council's Science and Statistical Committee, and the 
Council approved this stock assessment and resulting biomass estimates 
as the best scientific information available for management for these 
two fishing years at the June 2021 Council meeting.
    Under this 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.
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    \1\ Directed fishing for live bait and minor directed fishing is 
allowed to continue during a closure of the directed fishery.
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    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.
    On September 1, 2021, NMFS published a proposed rule in the Federal 
Register (86 FR 48969) soliciting public comments through October 1, 
2021. NMFS received two comments from private citizens, one supporting 
the proposed rule and the other suggesting lowering the catch limit to 
account for uncertainty. In response to the comment on uncertainty, 
NMFS has determined that scientific uncertainty has been adequately 
incorporated in this action through the stock assessment modeling and 
resulting biomass estimate, as well as in the catch limit by reducing 
the OFL to the ABC/ACL, to the HG, and finally the ACT. The 
incorporation of uncertainty and precautionary reductions in the catch 
limit are to prevent overfishing of mackerel. Additionally, NMFS notes 
that the Pacific mackerel fishery has been managed with annual or 
biennial stock assessments and precautionary catch levels for at least 
the last 20 years.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this rule is 
consistent with the CPS FMP, other provisions of the Magnuson-Stevens 
Act, and other applicable law.
    This final 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 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 this certification. As a result, a regulatory flexibility 
analysis was not required and none was 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 final action.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Reporting and recordkeeping requirements.


[[Page 64827]]


    Dated: November 15, 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 amended 
as follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
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.


0
2. In Sec.  660.511, revise paragraphs (i) and (j) to read as follows:


Sec.  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 NMFS West 
Coast 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 (j) go into effect.
* * * * *
[FR Doc. 2021-25212 Filed 11-18-21; 8:45 am]
BILLING CODE 3510-22-P