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Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Rules and Regulations estimate of these 817 CVs may be an overstatement of the number of small entities. This latter group of vessels had average gross revenues that varied by gear type. Average gross revenues for hook-and-line CVs, pot gear CVs, trawl gear CVs, and hook-and-line CPs are estimated to be $350,000, $780,000, $1.6
million, and $2.9 million, respectively.
This final rule contains no information collection requirements under the Paperwork Reduction Act of 1995.
This action implements the final 2021
and 2022 harvest specifications, apportionments, and halibut PSC limits for the groundfish fishery of the GOA.
This action is necessary to establish harvest limits for groundfish during the 2021 and 2022 fishing years and is taken in accordance with the FMP prepared by the Council pursuant to the Magnuson-Stevens Act. The establishment of the final harvest specifications is governed by the Councils harvest strategy that governs the catch of groundfish in the GOA. The harvest strategy was selected previously from among five alternatives, with the preferred alternative harvest strategy being one in which the TACs fall within the range of ABCs recommended by the SSC. Under this preferred alternative harvest strategy, TACs are set within the range of ABCs recommended by the SSC; the sum of the TACs must achieve the OY specified in the FMP; and while the specific TAC numbers that the harvest strategy produces may vary from year to year, the methodology used for the preferred harvest strategy remains constant. This final action implements the preferred alternative harvest strategy previously chosen by the Council to set TACs that fall within the range of ABCs recommended through the Council harvest specifications process and as recommended by the Council. This is the method for determining TACs that has been used in the past.
The final 2021 and 2022 TACs associated with preferred harvest strategy are those recommended by the Council in December 2020. OFLs and ABCs for the species were based on recommendations prepared by the Councils Plan Team, and reviewed by the Councils SSC. The Council based its TAC recommendations on those of its AP, which were consistent with the SSCs OFL and ABC recommendations.
The sum of all TACs remains within the OY for the GOA consistent with 679.20a1iB.
The final 2021 and 2022 OFLs and ABCs are based on the best available biological information, including projected biomass trends, information on assumed distribution of stock
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biomass, and revised technical methods to calculate stock biomass. The final 2021 and 2022 TACs are based on the best available biological and socioeconomic information. The final 2021 and 2022 OFLs, ABCs, and TACs are consistent with the biological condition of groundfish stocks as described in the 2020 SAFE report, which is the most recent, completed SAFE report. Accounting for the most recent biological information to set the final OFLs, ABCs, and TACs is consistent with the objectives for this action, as well as National Standard 2 of the Magnuson-Stevens Act 16 U.S.C.
1851a2 that actions shall be based on the best scientific information available.
Under this action, the final ABCs reflect harvest amounts that are less than the specified overfishing levels.
The final TACs are within the range of final ABCs recommended by the SSC
and do not exceed the biological limits recommended by the SSC the ABCs and overfishing levels. For most species and species groups in the GOA, the Council recommended, and NMFS sets, final TACs equal to final ABCs, which is intended to maximize harvest opportunities in the GOA, unless other conservation or management reasons support setting TAC amounts less than the ABCs.
For these species and species groups, the Council recommended and NMFS
sets TACs that are less than the ABCs, including for pollock for the combined W/C/WYK Regulatory Area, Pacific cod, shallow-water flatfish in the Western GOA, arrowtooth flounder in the Western GOA and the West Yakutat and SEO Districts, flathead sole in the Western and Central GOA, Atka mackerel, and other rockfish in the SEO District. These specific reductions were reviewed and recommended by the Councils AP, and, with the exception of sablefish, the Council in turn adopted the APs recommendations for the final 2021 and 2022 TACs.
For sablefish, the Council recommended 2021 sablefish TACs that are less than the 2021 ABCs, which is intended to provide an incremental increase from the 2020 TACs to the 2021
TACs rather than the very large increase in the 2021 TACs if they were set equal to final ABCs. Moreover, increasing TACs for some species may not result in increased harvest opportunities for those species. This is due to a variety of reasons. There may be a lack of commercial or market interest in some species. Additionally, there are fixed, and therefore constraining, PSC limits associated with the harvest of the GOA
groundfish species that can lead to an
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underharvest of flatfish TACs. For this reason, the shallow-water flatfish, arrowtooth flounder, and flathead sole TACs are set to allow for increased harvest opportunities for these target species while conserving the halibut PSC limit for use in other fisheries. The Atka mackerel TAC is set to accommodate incidental catch amounts in other fisheries. The other rockfish TAC in the SEO District is set to reduce the amount of discards of the species in that complex. Finally, the TACs for two species pollock and Pacific cod cannot be set equal to ABC, as the TAC must be reduced to account for the States GHLs in these fisheries. The W/C/WYK
Regulatory Area pollock TAC and the GOA Pacific cod TACs are therefore set to account for the States GHLs for the State water pollock and Pacific cod fisheries so that the ABCs are not exceeded.
Based upon the best available scientific data, and in consideration of the Councils objectives of this action, there are no significant alternatives to the final rule that have the potential to accomplish the stated objectives of the Magnuson-Stevens Act and any other applicable statutes and that have the potential to minimize any significant adverse economic impact of the final rule on small entities. This action is economically beneficial to entities operating in the GOA, including small entities. The action specifies TACs for commercially-valuable species in the GOA and allows for the continued prosecution of the fishery, thereby creating the opportunity for fishery revenue. After public process, during which the Council solicited input from stakeholders, the Council concluded that these final harvest specifications would best accomplish the stated objectives articulated in the preamble for this final rule and in applicable statutes and would minimize to the extent practicable adverse economic impacts on the universe of directly regulated small entities.
Adverse impacts on marine mammals, or endangered or threatened species, resulting from fishing activities conducted under this rule are discussed in the Final EIS and its accompanying annual SIRs see ADDRESSES.
Pursuant to 5 U.S.C. 553d3, the Assistant Administrator for Fisheries, NOAA, finds good cause to waive the 30-day delay in effectiveness for this rule because delaying this rule is contrary to the public interest. The Plan Team review of the 2020 SAFE report occurred in November 2020, and based on the 2020 SAFE report the Council considered and recommended the final harvest specifications in December
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