[Federal Register Volume 78, Number 43 (Tuesday, March 5, 2013)]
[Proposed Rules]
[Pages 14259-14263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04922]
[[Page 14259]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 130114034-3034-01]
RIN 0648-BC93
Magnuson-Stevens Act Provisions; Fisheries off West Coast States;
Pacific Coast Groundfish Fishery; 2013 Tribal Fishery for Pacific
Whiting
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues this proposed rule for the 2013 Pacific whiting
fishery under the authority of the Pacific Coast Groundfish Fishery
Management Plan (FMP), the Magnuson Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), and the Pacific Whiting Act of
2006. This proposed rule would establish a formula, specifically [17.5
percent * (U.S. Total Allowable Catch)] plus 16,000 metric tons (mt),
for determining the Pacific whiting tribal allocation for 2013 for
Pacific Coast Indian tribes that have a Treaty right to harvest
groundfish.
DATES: Comments on this proposed rule must be received no later than
April 4, 2013.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2013-0013 by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0013; click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: William W. Stelle, Jr., Regional Administrator,
Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-
0070, Attn: Kevin C. Duffy.
Fax: 206-526-6736, Attn: Kevin C. Duffy.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Kevin C. Duffy (Northwest Region,
NMFS), phone: 206-526-4743, fax: 206-526-6736 and email:
[email protected].
SUPPLEMENTARY INFORMATION:
Electronic Access
This proposed rule is accessible via the Internet at the Office of
the Federal Register Web site at https://www.federalregister.gov.
Background information and documents are available at the NMFS
Northwest Region Web site at http://www.nwr.noaa.gov/Groundfish/Groundfish-Fishery- Management/Whiting-Management and at the Pacific
Fishery Management Council's Web site at http://www.pcouncil.org/.
Background
The regulations at 50 CFR 660.50(d) establish the process by which
the tribes with treaty fishing rights in the area covered by the FMP
request new allocations or regulations specific to the tribes, in
writing, during the biennial harvest specifications and management
measures process. The regulations state that ``the Secretary will
develop tribal allocations and regulations under this paragraph in
consultation with the affected tribe(s) and, insofar as possible, with
tribal consensus.'' The procedures NOAA employs in implementing tribal
treaty rights under the FMP, in place since May 31, 1996, were designed
to provide a framework process by which NOAA Fisheries can accommodate
tribal treaty rights by setting aside appropriate amounts of fish in
conjunction with the Pacific Fishery Management Council (Council)
process for determining harvest specifications and management measures.
The Council's groundfish fisheries require a high degree of
coordination among the tribal, state, and federal co-managers in order
to rebuild overfished species and prevent overfishing, while allowing
fishermen opportunities to sustainably harvest over 90 species of
groundfish managed under the FMP.
Since 1996, NMFS has been allocating a portion of the U.S. total
allowable catch (TAC) (called Optimum Yield (OY) or Annual Catch Limit
(ACL) prior to 2012) of Pacific whiting to the tribal fishery,
following the process established in 50 CFR 660.50(d). The tribal
allocation is subtracted from the U.S. Pacific whiting TAC before
allocation to the non-tribal sectors.
To date, only the Makah Tribe has prosecuted a tribal fishery for
Pacific whiting. The Makah Tribe has annually harvested a whiting
allocation every year since 1996 using midwater trawl gear. Since 1999,
the tribal allocation has been made in consideration of their
participation in the fishery. In 2008 the Quileute Tribe and Quinault
Indian Nation expressed an interest in commencing participation in the
whiting fishery. Tribal allocations for 2009-2012 were based on
discussions with all three tribes regarding their intent for those
fishing years. The table below provides a history of U.S. OYs/ACLs and
the annual tribal allocation in metric tons (mt).
------------------------------------------------------------------------
Tribal
Year U.S. OY allocation
------------------------------------------------------------------------
2000......................... 232,000 mt............ 32,500 mt.
2001......................... 190,400 mt............ 27,500 mt.
2002......................... 129,600 mt............ 22,680 mt.
2003......................... 148,200 mt............ 25,000 mt.
2004......................... 250,000 mt............ 32,500 mt.
2005......................... 269,069 mt............ 35,000 mt.
2006......................... 269,069 mt............ 32,500 mt.
2007......................... 242,591 mt............ 35,000 mt.
2008......................... 269,545 mt............ 35,000 mt.
2009......................... 135,939 mt............ 50,000 mt.
2010......................... 193,935 mt............ 49,939 mt.
2011......................... 290,903 mt............ 66,908 mt.
2012......................... 186,037 mt TAC \1\.... 48,556 mt.
------------------------------------------------------------------------
\1\ Beginning in 2012, the United States started using the term Total
Allowable Catch, based on the Agreement between the Government of the
United States of America and the Government of Canada on Pacific Hake/
Whiting.
In exchanges between NMFS and the tribes during December 2012, and
again in January, 2013, the Makah and Quileute tribes indicated their
intent to participate in the tribal whiting fishery in 2013. The
Quinault Indian Nation indicated that they are not planning to
participate in 2013, but reserved the right to participate if
circumstances changed. The Hoh tribe has not expressed an interest in
participating to date.
Since 2008, NMFS and the co-managers, including the States of
Washington and Oregon, as well as the Treaty tribes, have been involved
in a process designed to determine the long-term tribal allocation for
Pacific whiting. At the September 2008 Council meeting, NOAA, the
states and the Quinault, Quileute, and Makah tribes met and agreed on a
process in which NOAA would provide to the tribes and states of
Washington and Oregon a
[[Page 14260]]
summary of the current scientific information regarding whiting,
receive comment on the information and possible analyses that might be
undertaken, and then prepare analyses of the information to be used by
the co-managers (affected tribes, affected states, and NMFS) in
developing a tribal allocation for use in 2010 and beyond. The goal was
agreement among the co-managers on a long-term tribal allocation for
incorporation into the Council's planning process for the 2010 season.
An additional purpose was to provide the tribes the time and
information to develop an inter-tribal allocation or other necessary
management agreement. In 2009, NMFS shared a preliminary report
summarizing scientific information available on the migration and
distribution of Pacific whiting on the west coast. The co-managers met
in 2009 and discussed this preliminary information.
In 2010, NMFS finalized the report summarizing scientific
information available on the migration and distribution of Pacific
whiting on the West Coast. In addition, NMFS responded in writing to
requests from the tribes for clarification on the paper and requests
for additional information. NMFS also met with each of the tribes in
the fall of 2010 to discuss the report and to discuss a process for
negotiation of the long-term tribal allocation of Pacific whiting.
In 2011, NMFS again met individually with the Makah, Quileute, and
Quinault tribes to discuss these matters. Due to the detailed nature of
the evaluation of the scientific information, and the need to negotiate
a long-term tribal allocation following completion of the evaluation,
the process continued in 2012 and will not be completed prior to the
2013 Pacific whiting fishery; thus the tribal allocation of whiting for
2013 will not reflect a negotiated long-term tribal allocation.
Instead, it is an interim allocation not intended to set precedent for
future allocations.
Tribal Allocation for 2013
It is necessary to propose a range for the tribal allocation,
rather than a specific allocation amount, because the specific
allocation depends on the amount of the coastwide TAC (United States
plus Canada) and corresponding U.S. TAC for 2013 (73.88% of the
coastwide TAC). The Joint Management Committee (JMC), which was
established pursuant to the Agreement between the Government of the
United States of America and the Government of Canada on Pacific Hake/
Whiting (the Agreement), is anticipated to recommend the coastwide and
corresponding U.S./Canada TACs no later than March 25, 2013.
In order for the public to have an understanding of the potential
tribal whiting allocation in 2013, NMFS is using the range of U.S. TACs
over the last ten years, 2003 through 2012, to project a range of
potential tribal allocations for 2013. This range of TACs is 148,200 mt
(2003) to 290,903 mt (2011).
As described above, the Makah tribe and Quileute Indian Nation have
stated their intent to participate in the Pacific whiting fishery in
2013. The Makah tribe has requested 17.5% of the U.S. TAC, and the
Quileute Indian Nation has requested 16,000 mt. Accommodating both
requests results in a formula [17.5 percent* (U.S. TAC)] + 16,000 mt
for application to the range of TACs. Application of this formula to
the range of U.S. TACs over the last ten years results in a tribal
allocation of between 41,935 and 66,906 mt for 2013. At the lower end
of the range of U.S. TACs, this tribal allocation would represent 28
percent of the U.S. TAC, and at the higher end of the range, this
tribal allocation would represent 23 percent of the U.S. TAC. NMFS
believes that the current scientific information regarding the
distribution and abundance of the coastal Pacific whiting stock
suggests that these percentages are within the range of the tribal
treaty right to Pacific whiting.
As described earlier, NOAA Fisheries proposes this rule as an
interim allocation for the 2013 tribal Pacific whiting fishery. As with
past allocations, this proposed rule is not intended to establish any
precedent for future whiting seasons or for the long-term tribal
allocation of whiting.
The rule would be implemented under authority of Section 305(d) of
the Magnuson-Stevens Act, which gives the Secretary responsibility to
``carry out any fishery management plan or amendment approved or
prepared by him, in accordance with the provisions of this Act.'' With
this proposed rule, NMFS, acting on behalf of the Secretary, would
ensure that the FMP is implemented in a manner consistent with treaty
rights of four Northwest tribes to fish in their ``usual and accustomed
grounds and stations'' in common with non-tribal citizens. United
States v. Washington, 384 F. Supp. 313 (W.D. 1974).
Classification
NMFS has preliminarily determined that the management measures for
the 2013 Pacific whiting tribal fishery are consistent with the
national standards of the Magnuson-Stevens Act and other applicable
laws. In making the final determination, NMFS will take into account
the data, views, and comments received during the comment period.
The Office of Management and Budget has determined that this
proposed rule is not significant for purposes of Executive Order 12866.
An IRFA was prepared, as required by section 603 of the Regulatory
Flexibility Act (RFA). The IRFA describes the economic impact this
proposed rule, if adopted, would have on small entities. A summary of
the analysis follows. A copy of this analysis is available from NMFS
and is published on the NMFS Web site under Groundfish Management (see
ADDRESSES).
Under the RFA, the term ``small entities'' includes small
businesses, small organizations, and small governmental jurisdictions.
The Small Business Administration has established size criteria for all
different industry sectors in the U.S., including fish harvesting and
fish processing businesses. A business involved in fish harvesting is a
small business if it is independently owned and operated and not
dominant in its field of operation (including its affiliates) and if it
has combined annual receipts less than $4.0 million for all its
affiliated operations worldwide. A seafood processor is a small
business if it is independently owned and operated, not dominant in its
field of operation, and employs 500 or fewer persons at all its
affiliated operations worldwide. A business involved in both the
harvesting and processing of seafood products is a small business if it
meets the $4.0 million criterion for fish harvesting operations. A
wholesale business servicing the fishing industry is a small business
if it employs 100 or fewer persons at all its affiliated operations
worldwide. For marinas and charter/party boats, a small business is a
business with annual receipts less than $7.0 million. For nonprofit
organizations, the RFA defines a small organization as any nonprofit
enterprise that is independently owned and operated and is not dominant
in its field. The RFA defines small governmental jurisdictions as
governments of cities, counties, towns, townships, villages, school
districts, or special districts with populations of less than 50,000.
For the years 2007 to 2011, the total whiting fishery (tribal and
non-tribal) has averaged harvests of 199,000 mt annually, worth $37
million in terms of ex-vessel revenues. As the U.S. OY/ACL has been
highly variable during this time, so have harvests. During this
[[Page 14261]]
period, harvests have ranged from 122,000 mt (2009) to 248,000 mt
(2008). In 2011, the harvest was approximately 231,000 mt. Ex-vessel
revenues have also varied. Annual ex-vessel revenues have ranged from
$16 million (2009) to $58 million (2008). Ex-vessel revenues in 2011
were about $53 million.
The prices for whiting are largely determined by the world market
for groundfish, because most of the whiting harvested is exported.
Average ex-vessel price for trawl harvested whiting in 2011 was $230
per mt. For 2012, average ex-vessel prices increased to $309 per mt,
leading to $49 million in ex-vessel revenues based on total harvests of
about 160,000 mt. Note that the use of ex-vessel values does not take
into account the wholesale or export value of the fishery or the costs
of harvesting and processing whiting into a finished product. NMFS does
not have sufficient information to make a complete assessment of these
values.
The Pacific whiting fishery harvests almost exclusively Pacific
whiting. While bycatch of other species occurs, the fishery is
constrained by bycatch limits on key overfished species. This is a
high-volume fishery with low ex-vessel prices per pound. This fishery
also has seasonal aspects based on the distribution of whiting off the
west coast.
Since 1996, there has been a tribal allocation of the U.S. whiting
TAC. There are four tribes associated with the whiting fishery: Hoh,
Makah, Quileute, and Quinault.
This rule would establish the formula for determining 2013 interim
tribal allocation. The alternatives are ``No-Action'' vs. the
``Proposed Action.'' The proposed allocation, based on discussions with
the tribes, is for NMFS to allocate between 28 percent and 23 percent
of the U.S. total allowable catch for 2013. NMFS did not consider a
broader range of alternatives to the proposed allocation. The tribal
allocation is based primarily on the requests of the tribes. These
requests reflect the level of participation in the fishery that will
allow them to exercise their treaty right to fish for whiting.
Consideration of amounts lower than the tribal requests is not
appropriate in this instance. As a matter of policy, NMFS has
historically supported the harvest levels requested by the tribes.
Based on the information available to NMFS, the tribal request is
within their tribal treaty rights, and the participating tribe has on
occasion shown an ability to harvest the amount of whiting requested. A
higher allocation would, arguably, also be within the scope of the
treaty right. However, a higher allocation would unnecessarily limit
the non-tribal fishery. A no-action alternative was considered, but the
regulatory framework provides for a tribal allocation on an annual
basis only. Therefore, no action would result in no allocation of
Pacific whiting to the tribal sector in 2013, which would be
inconsistent with NMFS' responsibility to manage the fishery consistent
with the tribes' treaty rights. Given that there are tribal requests
for allocations in 2013, this alternative received no further
consideration.
This proposed rule would affect how whiting is allocated to the
following sectors/programs: Tribal, Shorebased Individual Fishing Quota
(IFQ) Program--Trawl Fishery, Mothership Coop (MS) Program--Whiting At-
sea Trawl Fishery, and Catcher-Processor (C/P) Coop Program--Whiting
At-sea Trawl Fishery. The amount of whiting allocated to these sectors
is based on the U.S. TAC. From the U.S. TAC, small amounts of whiting
that account for research catch and for bycatch in other fisheries are
deducted. The amount of the tribal allocation is also deducted directly
from the TAC. After accounting for these deductions, the remainder is
the commercial harvest guideline. This guideline is then allocated
among the other three sectors as follows: 34 percent for the C/P Coop
Program; 24 percent for the MS Coop Program; and 42 percent for the
Shorebased IFQ Program.
The shorebased IFQ fishery is managed with individual fishing
quotas for most groundfish species, including whiting. Annually quota
pounds (QP) are allocated from the shorebased sector allocation based
on the individual quota shares (QS) of each QS owner. (QP is expressed
as a weight and QS is expressed as a percent of the shorebased
allocation for a given species or species group.) QP may be transferred
from a QS account to a vessel account or from one vessel account to
another vessel account. Vessel accounts are used to track how QP is
harvested (landings and discards) by limited entry trawl vessels of all
IFQ species/species groups. Shorebased IFQ catch must be landed at
authorized first receiver sites.
The IFQ whiting quota shares (QS) were allocated to a mixture of
limited entry permit holders and shorebased processors. One non-profit
organization received quota share based on the ownership of multiple
limited entry permits. The MS coop sector can consist of one or more
coops and a non-coop subsector. For a MS coop to participate in the
Pacific whiting fishery, it must be composed of MS catcher-vessel (MS/
CV) endorsed limited entry permit owners. Each permitted MS coop is
authorized to harvest a quantity of Pacific whiting based on the sum of
the catch history assignments for each member's MS/CV-endorsed permit
identified in the NMFS-accepted coop agreement for a given calendar
year. Each MS/CV endorsed permit has an allocation of Pacific whiting
catch based on its catch history in the fishery. The catch history
assignment (CHA) is expressed as a percentage of Pacific whiting of the
total MS sector allocation. Currently the MS sector is composed of only
a single coop. (Shorebased IFQ QS and MS sector CHA are not scheduled
to begin trading until 2014, pending resolution of the Pacific Dawn v
Bryson litigation where the rules used to allocate whiting QS and CHA
are being challenged.)
The C/P coop program is a limited access program that applies to
vessels in the C/P sector of the Pacific whiting at-sea trawl fishery
and is a single voluntary coop. Unlike the MS coop regulations, where
multiple coops can be formed around the catch history assignments of
each coop's member's endorsed permit, the single C/P coop receives the
total Pacific whiting allocation for the catcher/processor sector. Only
C/P endorsed limited entry permits can participate in this coop.
Currently, the shorebased IFQ Program is composed of 138 QS permits/
accounts, 142 vessel accounts, and 50 first receivers. The mothership
coop fishery is currently composed of a single coop, with six
mothership processor permits, and 36 MS/CV endorsed permits, with one
permit having two catch history assignments endorsed to it. The C/P
coop is composed of 10 catcher-processor permits owned by three
companies. There are four tribes that can participate in the tribal
whiting fishery. The current tribal fleet is composed of 5 trawlers
that either deliver to a shoreside plant or to a contracted mothership.
Participants in the whiting fishery include fish harvesting
companies, fish processing companies, companies involved in both
harvesting and processing of seafood products such as catcher-
processors, organizations, and governmental jurisdictions.
These regulations directly affect IFQ Quota share holders who
determine which vessel accounts receive QP, holders of mothership
catcher-vessel-endorsed permits who determine how many co-ops will
participate in the fishery and how much fish each co-op is to receive,
and the catcher-processor co-op which is made up of three companies
that own the catcher-processor permits. As part of the permit
application processes for the non-tribal
[[Page 14262]]
fisheries, based on a review of the SBA size criteria, applicants are
asked if they considered themselves a ``small'' business, and they are
asked to provide detailed ownership information. Although there are
three non-tribal sectors, many companies participate in two or more of
these sectors. All mothership catcher-vessel participants participate
in the shorebased IFQ sector, while two of the three catcher-processor
companies also participate in both the shorebased IFQ sector and in the
MS sector. Many companies own several QS accounts. After accounting for
cross participation, multiple QS account holders, and for affiliation
through ownership, there are 100 non-tribal entities directly affected
by these proposed regulations, 82 of which are considered to be
``small'' businesses. These regulations also directly affect tribal
whiting fisheries. Based on groundfish ex-vessel revenues and on tribal
enrollments (the population size of each tribe), the four tribes and
their fleets are considered ``small'' entities.
This rule will allocate fish between tribal harvesters (harvest
vessels are small entities, tribes are small jurisdictions) and non-
tribal harvesters (a mixture of small and large businesses). Tribal
fisheries undertake a mixture of fishing activities that are similar to
the activities that non-tribal fisheries undertake. Tribal harvests are
delivered to both shoreside plants and motherships for processing.
These processing facilities also process fish harvested by non-tribal
fisheries. The effect of the tribal allocation on non-tribal fisheries
will depend on the level of tribal harvests relative to their
allocation and the reapportioning process. If the tribes do not harvest
their entire allocation, there are opportunities during the year to
reapportion unharvested tribal amounts to the non-tribal fleets. For
example, last year, NMFS did such a reapportionment. On, October 4,
2012, NMFS announced: ``The best available information on October 2,
2012 indicates that at least 28,000 mt of the tribal allocation of
48,556 mt for the 2012 tribal Pacific whiting fishery will not be used
by December 31, 2012. Recent conversations with tribal fishery managers
indicate that reapportioning 28,000 mt, leaving a tribal allocation of
20,556 mt, will not limit tribal harvest opportunities for the
remainder of year. Tribal harvests to date amount to less than 1,000
mt. In addition, the Quileute Tribe has not entered the fishery to
date. Even if the Quileute Tribe enters the fishery, the remaining
tribal allocation following reapportionment will allow for their
participation.'' This reapportioning process allows unharvested tribal
allocations of whiting to be fished by the non-tribal fleets,
benefitting both large and small entities. See ADDRESSES.
NMFS believes this proposed rule would not adversely affect small
entities. Nonetheless, NMFS has prepared this IRFA and is requesting
comments on this conclusion.
There are no reporting, recordkeeping or other compliance
requirements in the proposed rule.
No Federal rules have been identified that duplicate, overlap, or
conflict with this action.
NMFS issued Biological Opinions under the ESA on August 10, 1990,
November 26, 1991, August 28, 1992, September 27, 1993, May 14, 1996,
and December 15, 1999 pertaining to the effects of the Pacific Coast
groundfish FMP fisheries on Chinook salmon (Puget Sound, Snake River
spring/summer, Snake River fall, upper Columbia River spring, lower
Columbia River, upper Willamette River, Sacramento River winter,
Central Valley spring, California coastal), coho salmon (Central
California coastal, southern Oregon/northern California coastal), chum
salmon (Hood Canal summer, Columbia River), sockeye salmon (Snake
River, Ozette Lake), and steelhead (upper, middle and lower Columbia
River, Snake River Basin, upper Willamette River, central California
coast, California Central Valley, south/central California, northern
California, southern California). These biological opinions have
concluded that implementation of the FMP for the Pacific Coast
groundfish fishery was not expected to jeopardize the continued
existence of any endangered or threatened species under the
jurisdiction of NMFS, or result in the destruction or adverse
modification of critical habitat.
NMFS issued a Supplemental Biological Opinion on March 11, 2006
concluding that neither the higher observed bycatch of Chinook in the
2005 whiting fishery nor new data regarding salmon bycatch in the
groundfish bottom trawl fishery required a reconsideration of its prior
``no jeopardy'' conclusion. NMFS also reaffirmed its prior
determination that implementation of the Groundfish PCGFMP is not
likely to jeopardize the continued existence of any of the affected
ESUs. Lower Columbia River coho (70 FR 37160, June 28, 2005) and Oregon
Coastal coho (73 FR 7816, February 11, 2008) were recently relisted as
threatened under the ESA. The 1999 biological opinion concluded that
the bycatch of salmonids in the Pacific whiting fishery were almost
entirely Chinook salmon, with little or no bycatch of coho, chum,
sockeye, and steelhead.
On December 7, 2012, NMFS completed a biological opinion concluding
that the groundfish fishery is not likely to jeopardize non-salmonid
marine species including listed eulachon, green sturgeon, humpback
whales, Steller sea lions, and leatherback sea turtles. The opinion
also concludes that the fishery is not likely to adversely modify
critical habitat for green sturgeon and leatherback sea turtles. An
analysis included in the same document as the opinion concludes that
the fishery is not likely to adversely affect green sea turtles, olive
ridley sea turtles, loggerhead sea turtles, sei whales, North Pacific
right whales, blue whales, fin whales, sperm whales, Southern Resident
killer whales, Guadalupe fur seals, or the critical habitat for Steller
sea lions.
As Steller sea lions and humpback whales are also protected under
the Marine Mammal Protection Act (MMPA), incidental take of these
species from the groundfish fishery must be addressed under MMPA
section 101(a)(5)(E). On February 27, 2012, NMFS published notice that
the incidental taking of Steller sea lions in the West Coast groundfish
fisheries is addressed in NMFS' December 29, 2010 Negligible Impact
Determination (NID) and this fishery has been added to the list of
fisheries authorized to take Steller sea lions (77 FR 11493). NMFS is
currently developing MMPA authorization for the incidental take of
humpback whales in the fishery.
On November 21, 2012, the U.S. Fish and Wildlife Service (FWS)
issued a biological opinion concluding that the groundfish fishery will
not jeopardize the continued existence of the short-tailed albatross.
The FWS also concurred that the fishery is not likely to adversely
affect the marbled murrelet, California least tern, southern sea otter,
bull trout, nor bull trout critical habitat.
Pursuant to Executive Order 13175, this proposed rule was developed
after meaningful consultation and collaboration with tribal officials
from the area covered by the FMP. Consistent with the Magnuson-Stevens
Act at 16 U.S.C. 1852(b)(5), one of the voting members of the Pacific
Council is a representative of an Indian tribe with federally
recognized fishing rights from the area of the Council's jurisdiction.
In addition, NMFS has coordinated specifically with the tribes
interested in the whiting fishery regarding the issues addressed by
this rule.
[[Page 14263]]
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: February 27, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the 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 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 773 et seq.
0
2. In Sec. 660.50, paragraph (f)(4) is revised to read as follows:
Sec. 660.50 Pacific Coast treaty Indian fisheries.
* * * * *
(f) * * *
(4) Pacific whiting. The tribal allocation for 2013 will be 17.5
percent of the U.S. TAC plus 16,000 mt.
* * * * *
[FR Doc. 2013-04922 Filed 3-4-13; 8:45 am]
BILLING CODE 3510-22-P