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Federal Register / Vol. 86, No. 95 / Wednesday, May 19, 2021 / Rules and Regulations
27047

TABLE 9NGOM TACS FOR FISHING YEAR 2021 AND 2022
2022 1

2021
Fleet lb
kg
lb
kg
LAGC
Limited access

119,222
52,500

54,078
23,814

72,000
2,000

32,659
907

Total

171,722

77,892

74,000

33,566

1The
NGOM TACs for the 2022 fishing year are subject to change through a future specifications action or framework adjustment.

5. Scallop Incidental Catch Target TAC. This action implements a 50,000lb 22,680-kg scallop incidental catch target TAC for fishing years 2021 and 2022 to account for mortality from vessels that catch scallops while fishing for other species and ensure that F
targets are not exceeded. The Council and NMFS may adjust this target TAC
in a future action if vessels catch more scallops under the incidental target TAC
than predicted.
RSA Harvest Restrictions This action allows vessels participating in RSA projects to harvest RSA compensation from the MAAA, NLSSD, CAII, CAII and the open area.
All vessels are prohibited from harvesting RSA compensation pounds in all other access areas. Vessels are prohibited from fishing for RSA
compensation in the NGOM unless the vessel is fishing an RSA compensation trip using NGOM RSA allocation that was awarded to an RSA project. Finally, Framework 33 prohibits the harvest of RSA from any access areas under default 2022 measures. At the start of
2022, RSA compensation may only be harvested from open areas. The Council will re-evaluate this default prohibition measure in the action that would set final 2022 specifications.
Classification Pursuant to section 304b1A of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has preliminarily determined that this interim final rule is consistent with the FMP, other provisions of the MagnusonStevens Act and other applicable law.
We have examined the impacts of the interim final rule under Executive Orders 12866 and 13563. Executive Orders 12866 and 13563 direct us to assess all costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety, and other advantages;
distributive impacts; and equity. The Office of Management and Budget OMB has determined that this rule is economically significant, as defined by Executive Order 12866.

As analyzed in Section 6.6.1
Economic Impacts in the Scallop Fishery Management Plan Framework Adjustment 33 Final Submission https www.nefmc.org/library/
framework-33, the costs of this rule are lost consumer and producer surplus resulting from a lower predicted catch in 2021 than predicted for 2020. We estimate a reduction in consumer and producer surplus of $104.1 million in $2020 in 2021. The benefits of this rule are to prevent overfishing and to minimize bycatch, helping to ensure the sustainability of fishery stocks and minimize adverse ecological impacts.
Given data limitations, we are unable to quantify the benefits. The total catch may increase or decrease in future years due to necessary management changes.
As noted in Table 1, the catch limits for the 2022 fishing year are subject to change through a future specifications action or framework adjustment.
Incremental changes in total catch from year to year will be analyzed in future rulemakings to assess the relative costs and benefits of each action, consistent with E.O. 12866 and Circular A4.

TABLE 1SUMMARY OF BENEFITS, COSTS AND TRANSFERS OF INTERIM FINAL RULE IN MILLIONS OF $ 2020
Category
Estimate
Units
Notes
Benefits Monetized ..

0

2020$, mil.

Quantified

0

Lbs, mil.

Qualitative ..

Prevent overfishing and minimize bycatch in accordance with the Magnuson Stevens Act and governing Fishery Management Plan
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Costs Monetized ..

104.1

2020$, mil

Estimated annual reduction in Total Benefits stemming from Proposed Action, relative to TB estimated for prior fishing year baseline.

Quantified

11.5

Lbs, mil

Estimated annual reduction in catch from Proposed Action, relative to catch estimated for prior fishing year baseline.

Qualitative.
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