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Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations
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index to inform EMSY is ongoing. NMFS
has not yet determined whether, based on that paper, a change in how EMSY is calculated is necessary for management purposes. NMFS will continue to examine whether this new publication warrants a change in management;
however, at this time NMFS has determined that the reference points set through this action are based on the best scientific information available.
Regarding recent Council discussions related to EMSY, NMFS notes that the Councils SSCthe scientific advisory body that is responsible for recommending changes to EMSYhas the ability to recommend changes to EMSY at any time, and it has not determined that a change is necessary at this time. The Councils SSC previously made such a recommendation in 2014
when it recommended that NMFS
switch from using the 3-year average of Scripps Institution of Oceanography SIO sea surface temperature measurements to using the 3-year average of CalCOFI sea surface temperature measurements to inform EMSY. In 2014 the SSC also recommended an interim measure of a static EMSY of 18 percent until that change, from SIO to CalCOFI, could be adopted after being properly analyzed.
Classification Pursuant to section 304b1A of the MSA, the NMFS Assistant Administrator has determined that this final rule is consistent with the CPS
FMP, other provisions of the MSA, and other applicable law.
The need to implement these measures in a timely manner to ensure they are in place as soon as possible after the start of the fishing season, July 1, 2021, constitutes good cause under authority contained in 5 U.S.C.
553d3, to establish an effective date less than 30 days after date of publication. In accordance with the FMP, this rule was recommended by the Council at its meeting in April 2021, the contents of which were based on the best available new information on the population status of Pacific sardine that became available at that time. Making these final specifications effective as soon as possible after July 1, the first day of the fishing year, is necessary for the conservation and management of the Pacific sardine resource because last years restrictions on harvest are not effective after June 30. The FMP
requires a prohibition on primary directed fishing for Pacific sardine for the 20212022 fishing year because the sardine biomass has dropped below the CUTOFF. The purpose of the CUTOFF
in the FMP, and for prohibiting a
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primary directed fishery when the biomass drops below this level, is to protect the stock when biomass is low and provide a buffer of spawning stock that is protected from fishing and can contribute to rebuilding the stock. A
delay of a full 30 days in the date of effectiveness for this rule would result in the re-opening of the primary directed commercial fishery on July 1.
Delaying the effective date of this rule much beyond July 1 would be contrary to the public interest because it would jeopardize the sustainability of the Pacific sardine stock. Furthermore, most affected fishermen are aware that the Council recommended that primary directed commercial fishing be prohibited for the 20212022 fishing year, and are fully prepared to comply with the prohibition.
This final rule is exempt from review under Executive Order 12866.
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 for the purposes of the Regulatory Flexibility Act. The factual basis for the certification was published in the proposed rule and is not repeated here. As a result, a regulatory flexibility analysis was not required, and none was prepared.
Pursuant to Executive Order 13175, this rule was developed after meaningful consultation and collaboration with the Councils tribal representative, who has agreed with the provisions that apply to tribal vessels.
This action does not contain a collection-of-information requirement for purposes of the Paper Reduction Act.
There are no relevant Federal rules that may duplicate, overlap, or conflict with the action.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 6, 2021.
Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration 50 CFR Part 665
Docket No. 2107010142
RIN 0648BK28

Pacific Island Fisheries; Exemption for Large U.S. Longline Vessels To Fish in Portions of the American Samoa Large Vessel Prohibited Area; Court Order National Marine Fisheries Service NMFS, National Oceanic and Atmospheric Administration NOAA, Commerce.
ACTION: Final rule.
AGENCY:

NMFS implements a regulatory exemption that allows certain U.S. longline vessels 50 ft 15.2 m and larger large longline vessels to fish in portions of the American Samoa Large Vessel Prohibited Area LVPA.
The intent is to comply with a U.S.
Ninth Circuit Court of Appeals decision and Order that reversed a district court ruling that had vacated and set aside the exemption.
DATES: Effective July 6, 2021.
FOR FURTHER INFORMATION CONTACT: Bob Harman, NMFS PIRO Sustainable Fisheries, 8087255170.
SUPPLEMENTARY INFORMATION: NMFS and the Western Pacific Fishery Management Council Council manage pelagic fisheries in the U.S. Pacific Islands under the Fishery Ecosystem Plan for Pelagic Fisheries of the Western Pacific Region. In 2016, NMFS
published a final rule 81 FR 5619, February 3, 2016 that allowed U.S.
longline vessels greater than 50 feet that hold a Federal American Samoa longline limited entry permit to fish within the LVPA to within about 1217
nm 2231 km from shore around Swains Island, Tutuila, and the Manua Islands. Large longline vessels continued to be restricted from fishing within the remaining portions of the LVPA. The intent of the rule was to improve the viability of the American Samoa longline fishery and achieve optimum yield, while preventing overfishing in accordance with National Standard 1 of the Magnuson-Stevens Fishery Conservation and Management Act Magnuson-Stevens Act. Additional information about the LVPA exemptions is available in the proposed rule 80 FR
51527, August 25, 2015 and final rule.
In July 2016, the Territory of American Samoa sued NMFS in the U.S.
District Court for the District of Hawaii Territory of American Samoa v. NMFS, SUMMARY:

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