[Federal Register Volume 86, Number 222 (Monday, November 22, 2021)]
[Rules and Regulations]
[Pages 66218-66219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25369]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 210616-0131; RTID 0648-XB564]
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2021 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: Inseason reapportionment of tribal Pacific whiting allocation.
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SUMMARY: This document announces the reapportionment of 34,645 metric
tons of Pacific whiting from the tribal allocation to the non-tribal
commercial fishery sectors via automatic action on September 15, 2021.
This reapportionment is to allow full utilization of the Pacific
whiting resource.
DATES: The reapportionment of Pacific whiting went into effect at 12
p.m. local time, September 15, 2021, and is effective through December
31, 2021. Comments will be accepted through December 7, 2021.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2021-0112
by any of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and
enter NOAA-NMFS-2021-0112 in the Search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
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).
Electronic Access
This document is accessible online at the Office of the Federal
Register's
[[Page 66219]]
website at https://www.federalregister.gov/. Background information and
documents are available at the NMFS West Coast Region website at
https://www.fisheries.noaa.gov/region/west-coast.
FOR FURTHER INFORMATION CONTACT: Colin Sayre (West Coast Region, NMFS),
phone: (206) 526-4656 or email: [email protected].
SUPPLEMENTARY INFORMATION:
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 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 2021 Total Allowable Catch (TAC), for Pacific
whiting was provided in the final rule for the 2021 Pacific whiting
harvest specifications, published June 23, 2021 (86 FR 32804). 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 Co-op), the mothership cooperative (MS Co-
op), and the Shorebased Individual Fishery Quota (IFQ) Program.
This notice announces the reapportionment of 34,645 metric tons
(mt) of Pacific whiting from the tribal allocation to the non-tribal
commercial sectors. This reapportionment was effective on September 15,
2021. 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 2021, the Pacific Coast treaty tribes were allocated 64,645 mt
of Pacific whiting. The best available information on September 15,
2021, indicated that at least 34,645 mt of the tribal allocation would
not be harvested by December 31, 2021. As required under the 2017
Endangered Species Act (ESA) Section 7(a)(2) biological opinion on the
effects of the Pacific Coast Groundfish Fishery Management Plan on
listed salmonids, NMFS considered the number and bycatch rate of
Chinook salmon taken by the Pacific whiting fishery sectors prior to
reapportionment. Based on the best available information in early
September 2021, NMFS determined there was little risk that the
reapportionment would cause the Pacific whiting sector fisheries to
exceed the guideline limit of 11,000 Chinook salmon under current
regulations and practices. In early September, incidental take of
Chinook salmon by the non-tribal sector was 4 percent of the guideline
limit. While the incidental take of Chinook salmon was higher compared
to the same period in the previous year, the total take this year is
still well below the guideline limit.
To allow for increased utilization of the resource, on September
15, 2021, NMFS reapportioned 34,645 mt from the Tribal sector to the
Shorebased IFQ Program, C/P Co-op, and MS Co-op 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 15, 2021, via emails sent
directly to fishing businesses and individuals. Reapportionment was
effective the same day as the notice.
The amounts of Pacific whiting available for 2021 before and after
the reapportionment are described in Table 1 below.
Table 1--2020 Pacific Whiting Allocations
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Initial
2021 Final 2021
Sector allocation allocation
(mt) (mt)
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Tribal........................................ 64,645.0 30,000.0
C/P Coop...................................... 103,362.0 115,141.3
MS Coop....................................... 72,961.0 81,275.8
Shorebased IFQ Program........................ 127,682.0 142,232.9
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Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR 660.55 (i), 660.60(d),
and 660.131(h), and is exempt from review under Executive Order 12866.
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 fishery participants 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).
Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 7001 et seq.
Dated: November 16, 2021.
Ngagne Jafnar Gueye,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-25369 Filed 11-19-21; 8:45 am]
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