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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS

vessels that landed Pacific mackerel was well below the threshold level of $11
million; therefore, all of these vessels are considered small businesses under the RFA. Because each affected vessel is a small business, this proposed rule is considered to equally affect all of these small entities in the same manner.
Therefore, this rule would not create disproportionate costs between small and large vessels/businesses.
NMFS used the ex-vessel revenue information for a profitability analysis, as the cost data for the harvesting operations of CPS finfish vessels was limited or unavailable. For the 2019
2020 fishing year, the HG was 11,109 mt with an ACT of 10,109 mt and an incidental set-aside of 1,000 mt.
Approximately 3,840 mt of Pacific mackerel were harvested in the 2019
2020 fishing year with an estimated exvessel value of approximately $1,299,153.
The HG for the 20212022 Pacific mackerel fishing season is 8,323 mt, with an ACT of 7,323 mt and an incidental set-aside of 1,000 mt. The HG
for the 20222023 Pacific mackerel fishing season is 5,822 mt with an ACT
of 4,822 mt and an incidental set-aside of 1,000 mt. The proposed ACTs for these fishing years are lower than the prior two fishing years i.e., 10,109 mt for 20192020 and 6,950 mt for 2020
2021. However, Pacific mackerel landings in the U.S. over the last ten management seasons 20092010
through 20192020 have averaged only about 3,790 mt. Therefore it is highly unlikely that the ACTs proposed in this
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rule will limit the potential profitability to the fleet from catching Pacific mackerel compared to last season or recent catch levels. Accordingly, vessel income from fishing is not expected to be altered as a result of this rule as it compares to recent catches in the fishery, including under the previous seasons regulations.
Based on the disproportionality and profitability analysis above, the proposed action, if adopted, will not have adverse or disproportional economic impact on these small business entities. As a result, an Initial Regulatory Flexibility Analysis is not required, and none has been 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 proposed action.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: August 26, 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 proposed to be amended as follows:
PART 660FISHERIES OFF WEST
COAST STATES
1. The authority citation for part 660
continues to read as follows:

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Authority: 16 U.S.C. 1801 et seq., 16
U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.

2. In 660.511, revise paragraphs i and j to read as follows:

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 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 go into effect.

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