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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Rules and Regulations Reports to North Pacific Fishery Management Council Cooperative Annual Reports to reflect the correct name of the regional fishery management council. The title of the information collection for OMB Control Number 06480545 has been changed from Alaska Rockfish Program: Permits and Reports to Central Gulf of Alaska Rockfish Program: Permits and Reports to refer to the correct name of the program.
Changes From Proposed to Final Rule There were two changes from the proposed to the final rule to correct an error in the proposed rule for this action and to correct an error included in the final rule implementing Amendment 88
to the GOA FMP 76 FR 81248, December 27, 2011.
The proposed rule inadvertently proposed to remove the words Western Gulf of Alaska in regulations at 679.82e2. Based on public comment 2 above, the final rule does not remove the words Western Gulf of Alaska at 679.82e2. The proposed change to paragraph 679.82e2 would have removed Western Gulf of Alaska sideboard limits applicable to vessels operating in fisheries outside the Rockfish Program. This proposed change to paragraph e2 would have removed the Western Gulf of Alaska directed fishing prohibition applicable to vessels operating in fisheries outside the Rockfish Program. This is outside the scope of the action recommended by the Council and therefore this previously proposed change is not included in this final rule.
The second change from proposed to final rule corrects an inadvertent omission in the final rule implementing Amendment 88 to the GOA FMP 76 FR
81248, December 27, 2011. Comment 3
in this final rule provides support for this change. As originally described by NMFS in the response to comment 31
76 FR 81248, December 27, 2011, this change clarifies that catcher/processors are limited from expanding their harvests of deep-water flatfish beyond an amount that could be supported by the proportion of the halibut PSC
historically used by a cooperative.
NMFS adds a clarification at 679.82e9iii that was meant to be added in at the implementation of the Rockfish Program through Amendment 88 to the GOA FMP 76 FR 81247, December 27, 2011. A rockfish cooperative may not exceed any deepwater or shallow-water halibut PSC
sideboard limit assigned to that cooperative. If a cooperative uses halibut PSC while fishing for rockfish in the WGOA or the West Yakutat District,
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any halibut PSC used will be debited from the deep-water complex halibut PSC sideboard limit assigned to that cooperative. Once a cooperative reaches its deep-water halibut PSC sideboard limit, it could continue to fish for rockfish in the Western GOA or West Yakutat District because the Council intended to limit the ability of cooperatives to expand their harvests of deep-water flatfish with the halibut PSC
sideboard limit beyond an amount that could be supported by the proportion of the halibut PSC historically used by a cooperative during 2000 through 2006.
The Council did not intend to limit the rockfish fisheries, which were fully harvested during this period. NMFS is clarifying that once the deep-water halibut PSC sideboard limit it reached, cooperatives may not continue to fish for deep-water species, except rockfish that are open for directed fishing, in the Western GOA or West Yakutat District and this is in response to a comment received at the final rule stage. Any halibut PSC that continues to accrue in the rockfish fishery by the cooperative in the WGOA and West Yakutat District will continue to accrue to the overall deep-water species fishery halibut PSC
limit for the GOA.
Classification Pursuant to sections 304b1A and 305d of the Magnuson-Stevens Act, the NMFS Assistant Administrator has determined that Amendment 111 to the GOA FMP and this final rule are necessary for the conservation and management of the CGOA Rockfish Program and are consistent with the GOA FMP, other provisions of the Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for the purposes of Executive Order 12866.
Small Entity Compliance Guide Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 states that, for each rule or group of related rules for which an agency is required to prepare a final regulatory flexibility analysis FRFA, the agency shall publish one or more guides to assist small entities in complying with the rule, and shall designate such publications as small entity compliance guides. The agency shall explain the actions a small entity is required to take to comply with a rule or group of rules. The preambles to the proposed rule and this final rule include a detailed description of the actions necessary to comply with this rule and as part of this rulemaking process.
NMFS has published on its website a
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summary of compliance requirements that serves as the small entity compliance guide for the Rockfish Program: https www.fisheries.noaa.
gov/resource/document/central-gulfalaska-rockfish-program-informationalguide. This rule does not require any additional compliance from small entities that is not described in the preambles. Copies of this final rule are available from NMFS at the following website: https www.fisheries.noaa.gov/
region/alaska.
Final Regulatory Flexibility Analysis FRFA
This FRFA incorporates the Initial Regulatory Flexibility Analysis IRFA, a summary of the significant issues raised by the public comments in response to the IRFA, NMFS responses to those comments, and a summary of the analyses completed to support the final rule.
Section 604 of the Regulatory Flexibility Act RFA requires that, when an agency promulgates a final rule under section 553 of Title 5 of the U.S.
Code 5 U.S.C. 553, after being required by that section or any other law to publish a general notice of final rulemaking, the agency shall prepare a FRFA 5 U.S.C. 604. Section 604
describes the required contents of a FRFA: 1 A statement of the need for and objectives of the rule; 2 a statement of the significant issues raised by the public comments in response to the IRFA, a statement of the assessment of the agency of such issues, and a statement of any changes made to the proposed rule as a result of such comments; 3 the response of the agency to any comments filed by the Chief Counsel for Advocacy of the Small Business Administration SBA in response to the proposed rule, and a detailed statement of any change made to the proposed rule in the final rule as a result of the comments; 4 a description of and an estimate of the number of small entities to which the rule will apply or an explanation of why no such estimate is available; 5 a description of the projected reporting, recordkeeping, and other compliance requirements of the rule, including an estimate of the classes of small entities that will be subject to the requirement and the type of professional skills necessary for preparation of the report or record; and 6 a description of the steps the agency has taken to minimize the significant economic impact on small entities consistent with the stated objectives of applicable statutes including a statement of the factual, policy, and legal reasons for selecting the alternative adopted and why each
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