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Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations specifications is governed by the Councils harvest strategy that governs the catch of groundfish in the BSAI. The harvest strategy was previously selected from among five alternatives. 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 each species or species group were based on recommendations prepared by the Councils Plan Team, and reviewed by the Councils SSC. The Councils TAC recommendations are consistent with the SSCs OFL and ABC
recommendations, and the sum of all TACs remains within the OY for the BSAI consistent with 679.20a1iA. Because setting all TACs equal to ABCs would cause the sum of TACs to exceed an OY of 2.0
million mt, TACs for some species or species groups are lower than the ABCs recommended by the Plan Team and the SSC.
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 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 ABCs reflect harvest amounts that are less than the
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specified overfishing levels. The TACs are within the range of ABCs recommended by the SSC and do not exceed the biological limits recommended by the SSC the ABCs and overfishing levels. For some species and species groups in the BSAI, the Council recommended, and NMFS
sets, TACs equal to ABCs, which is intended to maximize harvest opportunities in the BSAI. However, NMFS cannot set TACs for all species in the BSAI equal to their ABCs due to the constraining OY limit of 2.0 million mt.
For this reason, some final TACs are less than the final ABCs. These specific reductions were reviewed and adopted by the Council for the final 2021 and 2022 TACs.
Based on the best available scientific data, and in consideration of the Councils objectives for this action, there are no significant alternatives that have the potential to accomplish the stated objectives of the MagnusonStevens 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 BSAI, including small entities. The action specifies TACs for commercially-valuable species in the BSAI 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 2020. Accordingly, NMFSs review of the final 2021 and 2022 harvest specifications could not begin until after the December 2020 Council meeting,
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and after the public had time to comment on the proposed action.
For all fisheries not currently closed because the TACs established under the final 2020 and 2021 harvest specifications 85 FR 13553, March 9, 2020 were not reached, it is possible that they would be closed prior to the expiration of a 30-day delayed effectiveness period because their TACs could be reached within that period. If implemented immediately, this rule would allow these fisheries to continue fishing because some of the new TACs implemented by this rule are higher than the TACs under which they are currently fishing.
In addition, immediate effectiveness of this action is required to provide consistent management and conservation of fishery resources based on the best available scientific information. This is particularly pertinent for those species that have lower 2021 ABCs and TACs than those established in the 2020 and 2021
harvest specifications 85 FR 13553, March 9, 2020. If implemented immediately, this rule would ensure that NMFS can properly manage those fisheries for which this rule sets lower 2021 ABCs and TACs, which are based on the most recent biological information on the condition of stocks, rather than managing species under the higher TACs set in the previous years harvest specifications.
Certain fisheries, such as those for pollock, are intensive, fast-paced fisheries. Other fisheries, such as those for sablefish, flatfish, rockfish, Atka mackerel, skates, sharks, and octopuses, are critical as directed fisheries and as incidental catch in other fisheries. U.S.
fishing vessels have demonstrated the capacity to catch the TAC allocations in many of these fisheries. If the effectiveness of this rule were delayed 30 days and if a TAC were reached during those 30 days, NMFS would close directed fishing or prohibit retention for the applicable species. Any delay in allocating the final TACs in these fisheries would cause confusion to the industry and potential economic harm through unnecessary discards, thus undermining the intent of this rule.
Waiving the 30-day delay allows NMFS
to prevent economic loss to fishermen that could otherwise occur should the 2021 TACs set under the 2020 and 2021
harvest specifications be reached.
Determining which fisheries may close is nearly impossible because these fisheries are affected by several factors that cannot be predicted in advance, including fishing effort, weather, movement of fishery stocks, and market price. Furthermore, the closure of one
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