[Federal Register Volume 82, Number 44 (Wednesday, March 8, 2017)]
[Rules and Regulations]
[Pages 12922-12923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04567]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 160126053-6398-02]
RIN 0648-XF230


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2016 Tribal Fishery Allocations for 
Pacific Whiting; Reapportionment Between Tribal and Non-Tribal Sectors

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Reapportionment of tribal Pacific whiting allocation.

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SUMMARY: This document announces the reapportionment of 34,000 metric 
tons (mt) of Pacific whiting from the tribal allocation to the non-
tribal commercial fishery sectors via automatic action on September 15, 
2016, in order to allow full utilization of the Pacific whiting 
resource.

DATES: The reapportionment of Pacific whiting was applicable from 12 
noon local time, September 15, 2016, until December 31, 2016. Comments 
will be accepted through March 23, 2017.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2016-0009 
by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal at www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0009, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Barry A. Thom., Regional Administrator, West Coast 
Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070, Attn: 
Miako Ushio.

[[Page 12923]]

    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 a part of the 
public record. 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: Miako Ushio (West Coast Region, NMFS), 
phone: 206-526-4644 or email: [email protected].

SUPPLEMENTARY INFORMATION: 

Electronic Access

    This document is accessible via the Internet at the Office of the 
Federal Register's Web site at http://www.gpo.gov/fdsys/search/home.action. Background information and documents are available at the 
Pacific Fishery Management Council's Web site at http://www.pcouncil.org/.

Background

Pacific Whiting

    Pacific whiting (Merluccius productus) is a very productive species 
with highly variable recruitment (the biomass of fish that mature and 
enter the fishery each year) and a relatively short life span when 
compared to other groundfish species. Pacific whiting has the largest 
(by volume) annual allowable harvest levels of the more than 90 
groundfish species managed under the Pacific Coast Groundfish Fishery 
Management Plan (FMP), which governs the groundfish fishery off 
Washington, Oregon, and California. The coastwide Pacific whiting stock 
is managed jointly by the United States (U.S.) and Canada, and mature 
Pacific whiting are commonly available to vessels operating in U.S. 
waters from April through December. Background on the stock assessment 
for and the establishment of the 2016 Total Allowable Catch (TAC) for 
Pacific whiting is provided in the final rule for the 2016 Pacific 
whiting harvest specifications, published May 16, 2016 (81 FR 30203). 
Pacific whiting is allocated to the Pacific Coast treaty tribes (tribal 
fishery), and to three non-tribal commercial sectors: The catcher/
processor cooperative (C/P Coop), the mothership cooperative (MS Coop), 
and the Shorebased Individual Fishery Quota (IFQ) Program.
    This document announces the reapportionment of 34,000 mt of Pacific 
whiting from the tribal allocation to the non-tribal commercial 
sectors, which was applicable on September 15, 2016. Regulations at 
Sec.  660.131(h) contain provisions that allow the Regional 
Administrator to reapportion Pacific whiting from the tribal 
allocation, specified at Sec.  660.50, that will not be harvested by 
the end of the fishing year to other sectors.

Pacific Whiting Reapportionment

    For 2016, the Pacific Coast treaty tribes were allocated 64,322 mt 
of Pacific whiting. The best available information at the time, 
indicated that there had been no harvest by the tribes to date, and at 
least 34,000 mt of the tribal allocation would not be harvested by 
December 31, 2016. To allow for full utilization of the resource, NMFS 
reapportioned 34,000 mt to the Shorebased IFQ Program, C/P Coop and MS 
Coop in proportion to each sector's original allocation on that date. 
Reapportioning this amount was expected to allow for greater attainment 
of the TAC while not limiting tribal harvest opportunities for the 
remainder of the year. On September 15, 2016, emails sent directly to 
fishing businesses and individuals, and postings on the West Coast 
Region's internet site were used to provide actual notice to the 
affected fishers. Reapportionment was effective the same day as the 
notice. NMFS waited to publish this Federal Register notice until the 
2016 fishing year had ended, and there was no longer the possibility of 
a second reapportionment.
    Amounts of Pacific whiting available for 2016 before and after the 
reapportionment were:

------------------------------------------------------------------------
                                                  Initial
                                                    2016      Final 2016
                    Sector                       allocation   allocation
                                                    (mt)         (mt)
------------------------------------------------------------------------
Tribal........................................       64,322       30,322
C/P Coop......................................      102,589      114,149
MS Coop.......................................       72,415       80,575
Shorebased IFQ Program........................      126,727      141,007
------------------------------------------------------------------------

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), found that 
good cause exists for reapportionment of whiting without affording 
prior notice and opportunity for public comment pursuant to 5 U.S.C. 
553(b)(B) because such notification would be impracticable and contrary 
to the public interest. NMFS had insufficient time to provide prior 
notice and the opportunity for public comment between the time the 
information about the progress of the fishery needed to make this 
determination became available and the time at which fishery 
modifications had to be implemented in order to allow fishers access to 
the available fish during the remainder of the fishing season. For the 
same reasons, the AA also found good cause to waive the 30-day delay in 
effectiveness for these actions, required under 5 U.S.C. 553(d)(3).
    These actions are authorized by Sec. Sec.  660.55(i), 660.60(d) and 
660.131(h) and are exempt from review under Executive Order 12866.

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

    Dated: March 3, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-04567 Filed 3-7-17; 8:45 am]
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