[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)]
[Rules and Regulations]
[Pages 61569-61570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26043]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 171023999-8440-02]
RIN 0648-XG581


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2018 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: Temporary rule; reapportionment of tribal Pacific whiting 
allocation.

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SUMMARY: This document announces the reapportionment of 40,000 metric 
tons of Pacific whiting from the tribal allocation to the non-tribal 
commercial fishery sectors via automatic action on September 24, 2018. 
This reapportionment is to allow full utilization of the Pacific 
whiting resource.

DATES: The reapportionment of Pacific whiting was applicable from 12 
noon local time, September 24, 2018 through December 31, 2018. Comments 
will be accepted through December 17, 2018.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2017-0160 
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-2017-0160. 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.
    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

[[Page 61570]]

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 online at the Office of the Federal 
Register's website at http://www.gpo.gov/fdsys/search/home.action. 
Background information and documents are available at NMFS' West Coast 
Region website at www.westcoast.fisheries.noaa.gov/fisheries/management/whiting/pacific_whiting.html

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 
annual allowable harvest levels (by volume) 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 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, and the 
establishment of the 2018 Total Allowable Catch (TAC), for Pacific 
whiting was provided in the final rule for the 2018 Pacific whiting 
harvest specifications, published May 15, 2018 (83 FR 22401). 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 40,000 metric tons 
(mt) of Pacific whiting from the tribal allocation to the non-tribal 
commercial sectors on September 24, 2018. Regulations at 50 CFR 
660.131(h) contain provisions that allow the Regional Administrator to 
reapportion Pacific whiting from the tribal allocation, specified at 50 
CFR 660.50, that will not be harvested by the end of the fishing year 
to other sectors.

Pacific Whiting Reapportionment

    For 2018, the Pacific Coast treaty tribes were allocated 77,251 mt 
of Pacific whiting. The best available information on September 24, 
2018, indicated that less than 5,000 mt of the 2018 allocation had been 
harvested, and at least 40,000 mt of the tribal allocation would not be 
harvested by December 31, 2018. To allow for increased utilization of 
the resource, on September 24, 2018, NMFS reapportioned 40,000 mt from 
the Tribal sector to the Shorebased IFQ Program, C/P Coop, and MS Coop 
in proportion to each sector's original allocation. Reapportioning this 
amount is expected to allow for greater attainment of the TAC while not 
limiting tribal harvest opportunities for the remainder of the year. 
NMFS provided notice of the reapportionment on September 24, 2018, via 
emails sent directly to fishing businesses and individuals, and 
postings on the NMFS West Coast Region website. Reapportionment was 
effective the same day as the notice.
    The amounts of Pacific whiting available for 2018 before and after 
the reapportionment are described in the table below.

------------------------------------------------------------------------
                                           Initial 2018     Final 2018
                 Sector                     allocation      allocation
                                               (mt)            (mt)
------------------------------------------------------------------------
Tribal..................................          77,251          37,251
C/P Coop................................         123,312         136,912
MS Coop.................................          87,044          96,644
Shorebased IFQ Program..................       152,326.5         169,127
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Classification

    NOAA's Assistant Administrator for Fisheries (AA) finds that good 
cause exists for this notification to be issued 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. As previously noted, NMFS provided 
actual notice of the reapportionment to fishery participants at the 
time of the action. Prior notice and opportunity for public comment on 
this reapportionment was impracticable because NMFS had insufficient 
time to provide prior notice 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 finds 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: November 27, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-26043 Filed 11-29-18; 8:45 am]
 BILLING CODE 3510-22-P