[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Rules and Regulations]
[Pages 75238-75240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24205]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 230523-0136; RTID 0648-XD467]


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2023 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 45,000 metric 
tons of Pacific whiting from the tribal allocation to the non-tribal 
commercial fishery sectors via automatic action on September 27, 2023. 
This

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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 27, 2023, and is effective through December 
31, 2023. Comments will be accepted through November 17, 2023.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2023-0130 
by the following method:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2023-0130 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). Attachments to 
electronic comments will be accepted in Microsoft Word, Excel, or Adobe 
PDF file formats only.

Electronic Access

    This notification is accessible online at the Office of the Federal 
Register's 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, 
(206) 526-4656, [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 2023 Total Allowable Catch (TAC), for Pacific 
whiting was provided in the final rule for the 2023 Pacific whiting 
harvest specifications, published May 31, 2023 (88 FR 34783). 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 notification announces the reapportionment of 45,000 metric 
tons (mt) of Pacific whiting from the tribal allocation to the non-
tribal commercial sectors. This reapportionment was effective on 
September 27, 2023. 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 2023, the Pacific Coast treaty tribes were allocated 80,806 mt 
of Pacific whiting. The best available information on September 15, 
2023, indicated that at least 45,000 mt of the tribal allocation would 
not be harvested by December 31, 2023. As required under the 2017 
Endangered Species Act 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 September 
2023, NMFS determined there is low risk that the reapportionment will 
cause the Pacific whiting sector fisheries to exceed both the guideline 
limit of 11,000 and reserve of 3,500 Chinook salmon under current 
regulations and practices. At the time of this notification, incidental 
take of Chinook salmon by the non-tribal sectors is 37 percent of the 
guideline limit. NMFS will continue to monitor Chinook salmon bycatch 
as part of inseason management.
    To allow for increased utilization of the resource, on September 
27, 2023, NMFS reapportioned 45,000 mt from the tribal allocation 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 27, 2023, 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 2023 before and after 
the reapportionment are described in Table 1 below.

                Table 1--2023 Pacific Whiting Allocations
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                                           Initial 2023     Final 2023
                 Sector                     allocation      allocation
                                               (mt)            (mt)
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Tribal..................................          80,806          35,806
C/P Coop................................         129,266         144,566
MS Coop.................................          91,246         102,047
Shorebased IFQ Program..................         159,681         178,581
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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

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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).
    These actions are authorized by 50 CFR 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: October 30, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-24205 Filed 11-1-23; 8:45 am]
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