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Federal Register / Vol. 86, No. 122 / Tuesday, June 29, 2021 / Rules and Regulations triggerfish portion of the reef fish fishery; therefore, these comments are not addressed further in this final rule.
Specific comments related to the proposed rule and the framework action are grouped by topic and addressed below.
Comment 1: The commercial and recreational catch limits for gray triggerfish in the Gulf should remain the same and not be increased.
Response: NMFS disagrees.
Maintaining the current ACLs and ACTs is not consistent with the requirements of the Magnuson-Stevens Act to establish catch limits that achieve OY.
The previous commercial ACL of 64,100
lb 29,075 kg, the recreational ACL of 241,200 lb 109,406 kg, the commercial ACT of 60,900 lb 27,624 kg, and the recreational ACT of 217,100 lb 98,475
kg have been in effect since 2013 78
FR 27084; May 9, 2013. In 2015, the results of SEDAR 43 found that the Gulf gray triggerfish stock OFL and ABC
could be increased. The Councils SSC
subsequently recommended these same increases. However, the Council at that time decided not to change the stock ABC, sector ACLs, or sector ACTs. In 2020, the Councils SSC accepted a 2020
gray triggerfish interim analysis, which determined that abundance trends of the Gulf gray triggerfish stock suggested an increase in biomass that could support additional harvest and was suitable for providing ABC catch advice through 2023. The Council accepted the SSCs recommendation for an increase to the ABC and subsequently approved revised sector ACLs based on the current allocation, in order to achieve OY
consistent with the requirements of the Magnuson-Stevens Act. The Councils ACL/ACT control rule was used to set new increased buffers between each sectors ACL and ACT to reduce the likelihood of overfishing. Therefore, maintaining the previous catch limits would not serve the purpose of this rule, which is to achieve OY while reducing the likelihood of overfishing. The Gulf gray triggerfish stock is not currently overfished or undergoing overfishing as determined by SEDAR 43, the implementation of Amendment 44 to the FMP 82 FR 61488; December 28, 2017, and the most recent quarterly report on the status of the stocks.
Comment 2: The gray triggerfish population is still being overfished and any increases to the catch limits increases the risks to the stock and healthy oceans.
Response: NMFS disagrees that the gray triggerfish population is still overfished. In 2020, the most recent Gulf gray triggerfish interim analysis index of abundance trends suggested
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that the gray triggerfish biomass has increased in recent years. This additional biomass should support additional removals from the stock as related to the increases to the commercial and recreational ACLs and ACTs in this final rule. While the interim analysis was not able to provide a biomass estimate, the gray triggerfish stock is not considered to be overfished or undergoing overfishing. As described in the framework action, the catch limit increases in this final rule are based on the findings of the interim analysis, which is deemed by the Councils SSC
as suitable for management advice and the use of the Councils ACL/ACT
control rule, and best available science.

Dated: June 23, 2021.
Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

Classification
622.39

Pursuant to section 304b3 of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is consistent with the framework action, the FMP, other provisions of the Magnuson-Stevens Act, and other applicable laws.
This final rule has been determined to be not significant for purposes of Executive Order 12866.
The Magnuson-Stevens Act provides the legal basis for this final rule. No duplicative, overlapping, or conflicting Federal rules have been identified. In addition, no new reporting and recordkeeping requirements are introduced by this final rule. This final rule contains no information collection requirements under the Paperwork Reduction Act of 1995. A description of this final rule, why it is being considered, and the purposes of this final rule are contained in the preamble and in the SUMMARY
section of this final rule.
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.
List of Subjects in 50 CFR Part 622
Annual catch limit, Fisheries, Fishing, Gray triggerfish, Gulf, Reef fish, Quota.

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For the reasons set out in the preamble, 50 CFR part 622 is amended as follows:
PART 622FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:

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

2. In 622.39, revise paragraph a1vi to read as follows:

Quotas.

a
1
vi Gray triggerfish88,273 lb 40,040 kg, round weight.

3. In 622.41, revise the last sentence of paragraph b1 and paragraph b2iii to read as follows:
622.41 Annual catch limits ACLs, annual catch targets ACTs, and accountability measures AMs.

b
1 The commercial ACL is 95,949 lb 43,522 kg, round weight.
2
iii The recreational ACL for gray triggerfish is 360,951 lb 163,725 kg, round weight. The recreational ACT for gray triggerfish is 274,323 lb 124,431
kg, round weight.

FR Doc. 202113807 Filed 62821; 8:45 am BILLING CODE 351022P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 660
Docket No. 2105050101; RTID 0648
XB156

Fisheries Off West Coast States;
Modification of the West Coast Commercial Salmon Fisheries;
Inseason Action 17
National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Inseason modification of 2021
management measures.
AGENCY:

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29JNR1