[Federal Register Volume 89, Number 84 (Tuesday, April 30, 2024)]
[Proposed Rules]
[Pages 34188-34196]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09220]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 240423-0117]
RIN 0648-BM85


Magnuson-Stevens Act Provisions; Fisheries off West Coast States; 
Pacific Coast Groundfish Fishery; 2024 Harvest Specifications for 
Pacific Whiting, and 2024 Pacific Whiting Tribal Allocation

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 2024 Pacific whiting 
fishery under the authority of the Pacific Coast Groundfish Fishery 
Management Plan, the Magnuson-Stevens Fishery Conservation and 
Management Act, the Pacific Whiting Act of 2006 (Whiting Act), and 
other applicable laws. This proposed rule would establish the domestic 
2024 harvest specifications for Pacific whiting including the 2024 
tribal allocation for the Pacific whiting fishery, the non-tribal 
sector allocations, and set-asides for incidental mortality in research 
activities and non-groundfish fisheries. The proposed measures are 
intended to help prevent overfishing, achieve optimum yield, ensure 
that management measures are based on the best scientific information 
available, and provide for the implementation of tribal treaty fishing 
rights.

DATES: Comments on this proposed rule must be received no later than 
May 15, 2024.

ADDRESSES: A plain language summary of this proposed rule is available 
at https://www.regulations.gov/docket/NOAA-NMFS-2024-0044. You may 
submit comments on this document, identified by NOAA-NMFS-2024-0044, by 
any of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Visit https://www.regulations.gov and 
type ``NOAA-NMFS-2024-0044'' 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 and will generally be posted for public viewing on 
https://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).
    Background information for this action and analytical documents for 
the Regulatory Flexibility Act (RFA), and National Environmental Policy 
Act (NEPA) are available at the NMFS West Coast Region website at: 
https://www.fisheries.noaa.gov/action/2024-harvest-specifications-pacific-whiting-and-2024-tribal-allocation.
    NEPA documents for West Coast groundfish actions are also available 
at: https://www.fisheries.noaa.gov/west-coast/laws-and-policies/groundfish-actions-nepa-documents.
    Additional background information for the Pacific Hake/Whiting 
Treaty can be found at: https://www.fisheries.noaa.gov/west-coast/laws-policies/pacific-hake-whiting-treaty.

FOR FURTHER INFORMATION CONTACT: Colin Sayre, phone: 206-526-4656, and 
email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    This proposed rule announces the adjusted coastwide whiting Total 
Allowable Catch (TAC) of 555,000 metric tons (mt), the adjusted U.S. 
TAC of 410,034 mt, and proposes domestic 2024 Pacific whiting harvest 
specifications, including the 2024 tribal allocation of 71,755.95 mt, 
announces the preliminary allocations for three non-tribal commercial 
whiting sectors, and proposes set-asides for incidental mortality in 
research activities and the state-managed pink shrimp (non-groundfish) 
fishery. The non-tribal Pacific whiting fishery opens on May 1 of each 
year. The tribal and non-tribal allocations for Pacific whiting, as 
well as set-asides, would be effective until December 31, 2024.

Pacific Whiting Agreement

    The transboundary stock of Pacific whiting is managed through the 
Agreement Between the Government of the United States of America and 
the Government of Canada on Pacific Hake/Whiting of 2003 (Agreement). 
The Agreement establishes bilateral management bodies to implement the 
terms of the Agreement, including the Joint Management Committee (JMC), 
which recommends the annual catch level for Pacific whiting.
    In addition to the JMC, the Agreement establishes several other 
bilateral management bodies to set whiting catch levels: the Joint 
Technical Committee (JTC), which conducts the Pacific whiting stock 
assessment; the Scientific Review Group (SRG), which reviews the stock 
assessment; and the Advisory Panel (AP), which provides stakeholder 
input to the JMC.
    The Agreement establishes a default harvest policy of F-40 percent, 
which means a fishing mortality rate that would reduce the spawning 
biomass to 40 percent of the estimated unfished level. The Agreement 
also allocates 73.88 percent of the Pacific whiting TAC to the United 
States and 26.12 percent of the TAC to Canada. Based on recommendations 
from the JTC, SRG, and AP, the JMC determines the overall Pacific 
whiting TAC by March 25th of each year. NMFS, under the delegation of 
authority from the Secretary of Commerce, in consultation with the 
Secretary of State, has the authority to accept or reject this 
recommendation.

2024 Stock Assessment and Scientific Review

    The JTC completed a stock assessment for Pacific whiting in 
February 2024. The assessment was reviewed by the SRG during a 4-day 
meeting held in person and online in Nanaimo, British Columbia, on 
February 6-9, 2024 (see ADDRESSES for the report; Status of the Pacific 
hake (whiting) stock in U.S. and Canadian waters in 2024). The SRG 
considered the 2024 assessment report and appendices to represent the 
best scientific information available for Pacific hake/whiting.
    The stock assessment model for 2024 has the same population 
dynamics structure as the 2023 model. The model is fit to an acoustic 
survey index of biomass (abundance), a relative index of 1-year aged 
fish, annual commercial catch data, and age-composition data from the 
survey and commercial fisheries. Acoustic surveys are conducted every 
two years. The most recent survey occurred in 2023 and yielded the 
third lowest index of Pacific whiting abundance in the time series of 
surveys from 1995 to 2023.
    Within the assessment model, the median estimate of female spawning

[[Page 34189]]

biomass at the start of 2024 is 1,884,950 mt. This is an upward shift 
from the most recent estimate for the 2023 female spawning biomass of 
1,335,485 mt.
    The median estimate of the 2024 relative spawning biomass (female 
spawning biomass at the start of 2024 divided by that at unfished 
equilibrium) is 99 percent, but is highly uncertain. After declining 
from 2018 to 2022, the median relative spawning biomass increased in 
2023 and 2024, due to the estimated above average, but uncertain, size 
of the 2020 and 2021 age cohorts entering maturity.
    The estimated probability that the spawning biomass at the start of 
2024 is below the Agreement's F-40 percent default harvest rate (40 
percent of unfished levels), is 1.3 percent, and the probability that 
relative fishing intensity exceeded the spawning potential ratio at 40 
percent unfished levels in 2023 is 0.4 percent. The joint probability 
that the relative spawning stock biomass is both below 40 percent of 
unfished levels, and that fishing mortality is above the relative 
fishing intensity of the Agreement's F-40 percent default harvest rate 
is 0.2 percent.
    The 2024 stock assessment indicated that despite estimates of a 
healthy Pacific whiting stock status, low abundance from the 2023 
acoustic survey and low fishery catch in Canada (14.4 percent 
attainment) suggest a population structure not conducive to fully 
achieving harvest allocations in recent years.

2024 Pacific Whiting Coastwide and U.S. TAC Recommendation

    The AP and JMC met in Lynnwood, Washington February 27-29, 2024, to 
develop advice on a 2024 coastwide TAC. The AP provided its 2024 TAC 
recommendation to the JMC on February 29, 2024. The JMC reviewed the 
advice of the JTC, the SRG, and the AP, and agreed on a TAC 
recommendation for transmittal to the United States and Canadian 
Governments.
    The Agreement directs the JMC to base the catch limit 
recommendation on the default harvest rate unless scientific evidence 
demonstrates that a different rate is necessary to sustain the offshore 
Pacific whiting resource. After consideration of the 2024 stock 
assessment and other relevant scientific information, the JMC did not 
use the default harvest rate, and instead agreed on a more conservative 
approach. There were two primary reasons for choosing a TAC well below 
the level of F-40 percent: first, uncertainty regarding the size of the 
2020 and 2021 year-classes led the JMC to conclude that using the 
default harvest rate could be too risky if these cohorts are smaller 
than estimated; and second, the fact that the survey biomass was the 
third-lowest in the survey time series. The JMC concluded that both of 
these factors warranted setting the coastwide TAC below the 2023 value 
of 625,000 mt, and lower than the level that would result from 
application of the default harvest rate. This conservative approach was 
endorsed by the AP, and is consistent with Article II(5)(b) of the 
Agreement.
    The Agreement allows an adjusted TAC when either country's catch 
exceeds or is less than its TAC in the prior year. If the catch is in 
excess of the country's TAC, the amount of the overage is deducted from 
that country's TAC in the following year. If catch falls short of the 
country's TAC, a portion of the shortfall, is carried over and added to 
the country's TAC for the following year. Under the Agreement, 
carryover adjustments cannot not exceed 15 percent of a party country's 
unadjusted TAC for the year in which the shortfall occurred. In 2023, 
both countries did not fully attain their respective TACs; the 
percentage of the U.S. TAC attained for 2023 is detailed in the Initial 
Regulatory Flexibility Analysis (see the ADDRESSES section), which is 
summarized in the CLASSIFICATION section below. For the 2024 whiting 
fishery, the JMC recommended a coastwide TAC of 473,513 mt prior to 
adjustment. Based on Article III(2) of the Agreement, the 73.88 percent 
U.S. share of the unadjusted coastwide TAC is 349,831 mt. Consistent 
with Article II(5)(b) of the Agreement, a carryover of 60,203 mt was 
added to the U.S. share for an adjusted U.S. TAC of 410,034 mt. The 
26.12 percent Canadian share of the unadjusted coastwide TAC, 
consistent with Article III(2) of the Agreement, is 123,681 mt, and a 
carryover of 21,285 mt was added to the Canadian share, for an adjusted 
Canadian TAC of 144,966 mt. The total coastwide adjusted TAC is 555,000 
mt for 2024.
    This recommendation is consistent with the best available 
scientific information, and provisions of the Agreement and the Whiting 
Act. The recommendation was transmitted via letter to the United States 
and Canadian Governments on March 05, 2024. NMFS, under delegation of 
authority from the Secretary of Commerce, approved the TAC 
recommendation of 410,034 mt for U.S. fisheries on March 29, 2024.

Tribal Allocation

    The regulations at 50 CFR 660.50(d) identify the procedures for 
implementing the treaty rights that Pacific Coast treaty Indian tribes 
have to harvest groundfish in their usual and accustomed fishing areas 
in U.S. waters. Tribes with treaty fishing rights in the area covered 
by the Pacific Coast Groundfish Fishery Management Plan (FMP) request 
allocations, set-asides, or regulations specific to the tribes during 
the Council's biennial harvest specifications and management measures 
process. The regulations state that the Secretary will develop tribal 
allocations and regulations in consultation with the affected tribe(s) 
and, insofar as possible, with tribal consensus.
    NMFS allocates a portion of the U.S. TAC 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.
    Four Washington coastal treaty Indian tribes--the Makah Indian 
Tribe, the Quileute Indian Tribe, the Quinault Indian Nation, and the 
Hoh Indian Tribe (collectively, the ``Treaty Tribes'')--can participate 
in the tribal Pacific whiting fishery. Tribal allocations of Pacific 
whiting have been based on discussions with the Treaty Tribes regarding 
their intent for those fishing years. The Hoh Tribe has not expressed 
an interest in participating in the Pacific whiting fishery to date. 
The Quileute Tribe and the Quinault Indian Nation have expressed 
interest in beginning to participate in the Pacific whiting fishery at 
a future date. To date, only the Makah Tribe has prosecuted a tribal 
fishery for Pacific whiting, and has harvested Pacific whiting since 
1996 using midwater trawl gear. Table 1 below provides a recent history 
of U.S. TACs and annual tribal allocation in metric tons (mt).
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    \1\ Beginning in 2012, the United States started using the term 
Total Allowable Catch, or TAC, based on the Agreement between the 
Government of the United States of America and the Government of 
Canada on Pacific Hake/Whiting. Prior to 2012, the terms Optimal 
Yield (OY) and Annual Catch Limit (ACL) were used.

   Table 1--U.S. Total Allowable Catch and Annual Tribal Allocation in
                            Metric Tons (mt)
------------------------------------------------------------------------
                                                              Tribal
                  Year                     U.S. TAC \1\     allocation
                                               (mt)            (mt)
------------------------------------------------------------------------
2010....................................         193,935          49,939
2011....................................         290,903          66,908
2012....................................         186,037          48,556
2013....................................         269,745          63,205
2014....................................         316,206          55,336
2015....................................         325,072          56,888
2016....................................         367,553          64,322

[[Page 34190]]

 
2017....................................         441,433          77,251
2018....................................         441,433          77,251
2019....................................         441,433          77,251
2020....................................         424,810          74,342
2021....................................         369,400          64,645
2022....................................         402,646          70,463
2023....................................         461,750          80,806
------------------------------------------------------------------------

    In 2009, NMFS, the states of Washington and Oregon, and the Treaty 
Tribes started a process to determine the long-term tribal allocation 
for Pacific whiting. However, they have not yet determined a long-term 
allocation. This rule proposes the 2024 tribal allocation of Pacific 
whiting. This allocation does not represent a long-term allocation and 
is not intended to set precedent for future allocations.
    In exchanges between NMFS and the Treaty Tribes during September 
2023, the Makah Tribe indicated their intent to participate in the 
tribal Pacific whiting fishery in 2024. The Quinault Indian Nation, the 
Quileute Indian Tribe and the Hoh Indian Tribe informed NMFS in 
November and December 2023 that they will not participate in the 2024 
fishery. NMFS proposes a tribal allocation that accommodates the tribal 
request, specifically 17.5 percent of the U.S. TAC. The proposed 2024 
adjusted U.S. TAC is 410,034 mt, and therefore the proposed 2024 tribal 
allocation is 71,755.95 mt. NMFS has determined that the current 
scientific information regarding the distribution and abundance of the 
coastal Pacific whiting stock indicates the 17.5 percent is within the 
range of the tribal treaty right to Pacific whiting.

Non-Tribal Research and Bycatch Set-Asides

    The U.S. non-tribal whiting fishery is managed under the Council's 
Pacific Coast Groundfish FMP. Each year, the Council recommends a set-
aside to accommodate incidental mortality of Pacific whiting in 
research activities and the state-managed pink shrimp fishery, based on 
estimates of scientific research catch and estimated bycatch mortality 
in non-groundfish fisheries. At its November 2023 meeting, the Council 
recommended an incidental mortality set-aside of 750 mt for 2024. This 
set-aside is unchanged from the 750 mt set-aside amount for incidental 
mortality in 2023. This rule proposes the Council's recommendations.

Non-Tribal Harvest Guidelines and Allocations

    In addition to the tribal allocation, this proposed rule 
establishes the fishery harvest guideline (HG), also called the non-
tribal allocation. The proposed 2024 fishery HG for Pacific whiting is 
337,528.05 mt. This amount was determined by deducting the 71,755.95 mt 
tribal allocation and the 750 mt allocation for scientific research 
catch and fishing mortality in non-groundfish fisheries from the U.S. 
adjusted TAC of 410,034 mt. Federal regulations further allocate the 
fishery HG among the three non-tribal sectors of the Pacific whiting 
fishery: the catcher/processor (C/P) Co-op Program, the Mothership (MS) 
Co-op Program, and the Shorebased Individual Fishing Quota (IFQ) 
Program. The C/P Co-op Program is allocated 34 percent (114,759.53 mt 
for 2024), the MS Co-op Program is allocated 24 percent (81,006.73 mt 
for 2024), and the Shorebased IFQ Program is allocated 42 percent 
(141,761.78 mt for 2024). The fishery south of 42[deg] N lat. may not 
take more than 7,088 mt (5 percent of the Shorebased IFQ Program 
allocation) prior to May 1, the start of the primary Pacific whiting 
season north of 42[deg] N lat.

    Table 2--2024 Proposed Pacific Whiting Allocations in Metric Tons
------------------------------------------------------------------------
                                                           2024 Pacific
                                                              whiting
                         Sector                             allocation
                                                               (mt)
------------------------------------------------------------------------
Tribal..................................................       71,755.95
Catcher/Processor (C/P) Co-op Program...................      114,759.53
Mothership (MS) Co-op Program...........................       81,006.73
Shorebased IFQ Program..................................      141,761.78
------------------------------------------------------------------------

    This proposed rule would be implemented under the statutory and 
regulatory authority of sections 304(b) and 305(d) of the Magnuson-
Stevens Act, the Pacific Whiting Act of 2006, the regulations governing 
the groundfish fishery at 50 CFR 660.5-660.360, and other applicable 
laws. Additionally, with this proposed rule, NMFS would ensure that the 
fishery is managed in a manner consistent with treaty rights of the 
four Treaty 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 notes that the public comment period for this proposed rule is 
15 days. Finalizing the Pacific whiting harvest specifications close to 
the start of the Pacific whiting fishing season on May 1st provides the 
industry with more time to plan and execute the fishery and gives them 
earlier access to the finalized allocations of Pacific whiting. Given 
the considerably short timeframe between the JMC meeting in late 
February--early March and the start of the primary whiting season on 
May 1, NMFS has determined there is good cause for a 15-day comment 
period to best balance the interest in allowing the public adequate 
time to comment on the proposed measures with the benefits of 
implementing the set-aside management measures, and Pacific whiting 
allocations in a timely manner. Timely implementation of this action 
will ensure the tribal and non-tribal commercial fishery sectors 
receive their full Pacific whiting allocations with sufficient time to 
maximize catch attainment within their respective fisheries during the 
2024 whiting season. The NMFS Assistant Administrator has determined 
that this proposed rule is consistent with the Pacific Coast Groundfish 
FMP, other provisions of the Magnuson-Stevens Act, and other applicable 
law, subject to further consideration after public comment. In making 
its final determination, NMFS will take into account the complete 
record, including comments received during the comment period for this 
proposed rule.
    Pursuant to Executive Order 13175, this proposed rule was developed 
after meaningful consultation and collaboration with tribal officials 
from the area covered by the Pacific Coast Groundfish FMP. Under the 
Magnuson-Stevens Act at 16 U.S.C. 1852(b)(5), one of the voting members 
of the Pacific Council must be a representative of an Indian tribe with 
federally recognized fishing rights from the area of the Council's 
jurisdiction. In addition, regulations implementing the Pacific Coast 
Groundfish FMP establish a procedure by which the tribes with treaty 
fishing rights in the area covered by the Pacific Coast Groundfish FMP 
request allocations or regulations specific to the Tribes, in writing, 
before the first of the two meetings at which the Council considers 
groundfish management measures. The regulations at 50 CFR 660.50(d) 
further 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 tribal 
management measures in this proposed rule have been developed following 
these procedures.
    The Office of Management and Budget has determined that this 
proposed rule

[[Page 34191]]

is not significant for purposes of Executive Order 12866.
    A range of potential total harvest levels for Pacific whiting has 
been considered in the Final Environmental Impact Statement for Harvest 
Specifications and Management Measures for 2015-2016 and Biennial 
Periods thereafter (2015/16 FEIS), and in the Environmental Assessment 
(EA) and the Regulatory Impact Review (RIR) included in the analytical 
document for Amendment 30 to the Pacific Coast Groundfish Fishery 
Management Plan and 2023-2024 Harvest Specifications and Management 
Measures. These documents are available from NMFS (see ADDRESSES). The 
2015/16 FEIS examined the harvest specifications and management 
measures for 2015-16 and gave 10-year projections for routinely 
adjusted harvest specifications and management measures. The 10-year 
projections were produced to evaluate the impacts of the ongoing 
implementation of harvest specifications and management measures and to 
evaluate the impacts of the routine adjustments that are the main 
component of each biennial cycle. The EA for the 2023-24 cycle builds 
on the 2015/16 FEIS and focuses on the harvest specifications and 
management measures that were not within the scope of the 10-year 
projections in the 2015/16 FEIS.
    An Initial Regulatory Flexibility Analysis (IRFA) was prepared for 
this action, 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 description of the action, 
why it is being considered, and the legal basis for this action is 
contained in the SUMMARY section and at the beginning of the 
SUPPLEMENTARY INFORMATION section of the preamble. A summary of the 
IRFA follows. Copies of the IRFA are available from NMFS (See 
ADDRESSES).
    Under the RFA, the term ``small entities'' includes small 
businesses, small organizations, and small governmental jurisdictions. 
For purposes of complying with the RFA, NMFS has established size 
criteria for entities involved in the fishing industry that qualify as 
small 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 not in excess of $11 million for all its 
affiliated operations worldwide (80 FR 81194, December 29, 2015; 50 CFR 
part 200). In addition, the Small Business Administration has 
established size criteria for other entities that may be affected by 
this proposed rule. A wholesale business servicing the fishing industry 
is a small business if it employs 100 or fewer persons on a full time, 
part time, temporary, or other basis, at all its affiliated operations 
worldwide. A small organization is any nonprofit enterprise that is 
independently owned and operated and is not dominant in its field. A 
seafood processor is a small business if it is independently owned and 
operated, not dominant in its field of operation, and employs 750 or 
fewer persons on a full time, part time, temporary, or other basis, at 
all its affiliated operations worldwide (See NAICS 311710 at 13 CFR 
121.201). For purposes of rulemaking, NMFS is also applying the seafood 
processor standard to C/Ps because whiting C/Ps earn the majority of 
the revenue from processed seafood product.

Description and Estimate of the Number of Small Entities to Which the 
Rule Applies, and Estimate of Economic Impacts by Entity Size and 
Industry

    This proposed rule affects how Pacific whiting is allocated to the 
following sectors/programs: Tribal, Shorebased IFQ Program Trawl 
Fishery, MS Co-op Program Whiting At-sea Trawl Fishery, and C/P Co-op 
Program Whiting At-sea Trawl Fishery. The amount of Pacific whiting 
allocated to these sectors is based on the U.S. TAC, which is developed 
and approved through the process set out in the Agreement and the 
Whiting Act.
    We expect one tribal entity, the Makah Tribe, to fish for Pacific 
whiting in 2024. Tribes are not considered small entities for the 
purposes of RFA. Impacts to tribes are nevertheless considered in this 
analysis.
    This proposed rule directly affects the C/P Co-op Program, composed 
of 10 C/P endorsed permits owned by three companies that have formed a 
single co-op. These co-ops are considered large entities both because 
they have participants that are large entities and because they have in 
total more than 750 employees worldwide including affiliates.
    This proposed rule also directly affects the Shorebased IFQ 
Program. As of March 2024, the Shorebased IFQ Program is composed of 
163 Quota Share permits/accounts (122 of which were allocated whiting 
quota pounds), and 48 licensed first receiver sites, of which 16 sites 
are owned by 10 companies that receive whiting. Of these companies that 
receive whiting, none are considered small entities.
    This proposed rule also directly affect participants in the MS Co-
op Program, the limited access program that applies to eligible 
harvesters and processors in the MS sector of the Pacific whiting at-
sea trawl fishery. This program consists of six MS processor permits, 
and a catcher vessel fleet currently composed of a single co-op, with 
34 Mothership/Catcher Vessel (MS/CV) endorsed permits (with three 
permits each having two catch history assignments).
    Although there are three non-tribal sectors (the C/P Co-op Program, 
the Shorebased IFQ Program, and the MS Co-op Program), many companies 
participate in two sectors and some participate in all three sectors, 
as well as other non-whiting groundfish fisheries. As part of the 
permit application processes for the non-tribal fisheries, NMFS asks 
permit applicants if they considered themselves a small business based 
on a review of the Small Business Administration size criteria, and 
asks each permit applicant to provide detailed ownership information. 
Data on employment worldwide, including affiliates, are not available 
for these companies, which generally operate in Alaska as well as on 
the West Coast in non-whiting groundfish fisheries, and which may have 
operations in other countries, as well. NMFS requests that limited 
entry permit holders self-report their size status. For 2024, all 10 C/
P permits reported that they are not small businesses, as did 8 
mothership catcher vessels. There is substantial, but not complete, 
overlap between permit ownership and vessel ownership so there may be a 
small number of additional small entity vessel owners who will be 
impacted by this rule. After accounting for cross-fishery 
participation, multiple Quota Share account holders, and affiliation 
through ownership, NMFS estimates that there are 103 non-tribal 
entities directly affected by these proposed regulations, 89 of which 
are considered small entities.
    This rule will allocate Pacific whiting between tribal and non-
tribal harvesters (a mixture of small and large businesses). Tribal 
fisheries consist of a mixture of fishing activities that are similar 
to the activities that non-tribal fisheries undertake. Tribal harvests 
may be 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 reapportionment process. If the tribes do not 
harvest their

[[Page 34192]]

entire allocation, there are opportunities during the year to 
reapportion unharvested tribal amounts to the non-tribal fleets. For 
example, in 2023 NMFS reapportioned 45,000 mt of the original 80,806 mt 
tribal allocation (88 FR 75238, November 2, 2023). This reapportionment 
was based on conversations with the tribes and the best information 
available at the time, which indicated that this amount would not limit 
tribal harvest opportunities for the remainder of the year. The 
reapportioning process allows unharvested tribal allocations of Pacific 
whiting to be fished by the non-tribal fleets, benefitting both large 
and small entities. The revised Pacific whiting allocations for 2023 
following the reapportionment were: Tribal 35,806 mt, C/P Co-op 144,566 
mt; MS Co-op 102,047 mt; and Shorebased IFQ Program 178,581 mt.
    The prices for Pacific whiting are largely determined by the world 
market because most of the Pacific whiting harvested in the United 
States is exported. The U.S. Pacific whiting TAC is highly variable, as 
is subsequent attainment of sector allocations, and ex-vessel revenues. 
For the years 2013 to 2023, the U.S. non-tribal commercial fishery 
sectors averaged harvests of approximately 271,392 mt, and revenues of 
$54.1 million annually. The 2023 U.S. non-tribal commercial fishery 
sectors attained a Pacific whiting catch of approximately 239,665 mt 
out of a harvest guideline of 380,194 mt (63 percent attainment), 
resulting in a total revenue of $46.6 million. The tribal fishery 
landed less than 1,000 mt out of the 2023 tribal allocation of 80,806 
mt.
    Impacts to the U.S. non-tribal fishery are measured with an 
estimate of ex-vessel revenue. The proposed adjusted coastwide TAC of 
555,000 mt would result in an adjusted U.S. TAC of 410,034 mt and, 
after deduction of the tribal allocation and the incidental catch set-
aside, a U.S. non-tribal harvest guideline of 337,528.05 mt. Using the 
2023 weighted-average non-tribal price of $194.74 per metric ton, the 
proposed 2024 adjusted U.S. TAC is estimated to result in a potential 
ex-vessel revenue of $65.7 million for the U.S. non-tribal fishing 
fleet if fully harvested (100 percent attainment).
    Impacts to tribal catcher vessels who elect to participate in the 
tribal fishery are measured with an estimate of ex-vessel revenue. In 
lieu of more complete information on tribal deliveries, total ex-vessel 
revenue is estimated with the 2023 average ex-vessel price of Pacific 
whiting, which was $194.74 per mt. At that price, the proposed 2024 
tribal allocation of 71,755.95 mt would potentially have an ex-vessel 
value of $13.97 million if fully harvested.

A Description of any Significant Alternatives to the Proposed Rule That 
Accomplish the Stated Objectives of Applicable Statutes and That 
Minimize any Significant Economic Impact of the Proposed Rule on Small 
Entities

    For the allocations to the non-tribal commercial sectors, the 
Pacific whiting tribal allocation, and set-asides for research and 
incidental mortality NMFS considered two alternatives: the ``No 
Action'' alternative and the ``Proposed Action'' alternative.
    For allocations to non-tribal commercial sectors, the No Action 
alternative would mean that NMFS would not implement allocations to the 
non-tribal sectors based on the JMC recommended U.S. TAC, and this 
would not fulfill NMFS' responsibility to manage the U.S. fishery. This 
is contrary to the Whiting Act and the Agreement, both of which require 
sustainable management of the Pacific whiting resource. Therefore, the 
No Action alternative for allocations to non-tribal commercial sectors 
received no further consideration.
    For set-asides for research and incidental mortality, the No Action 
alternative would mean that NMFS would not implement the set-aside 
amount of 750 mt recommended by the Council. Not implementing set-
asides of the US whiting TAC would mean incidental mortality of the 
fish in research activities and non-groundfish fisheries would not be 
accommodated. This would be inconsistent with the Council's 
recommendation, the Pacific Coast Groundfish Fishery Management Plan, 
the regulations setting the framework governing the groundfish fishery, 
and NMFS' responsibility to manage the fishery. Therefore, the No 
Action alternative for set-asides received no further consideration.
    NMFS did not consider a broader range of alternatives to the 
proposed tribal allocation because the tribal allocation is a 
percentage of the U.S. TAC and is based primarily on the requests of 
the Tribes. These requests reflect the level of participation in the 
fishery that will allow the Tribes to exercise their treaty right to 
fish for Pacific whiting. Under the Proposed Action alternative, NMFS 
proposes to set the tribal allocation percentage at 17.5 percent, as 
requested by the Tribes. This would yield a tribal allocation of 
71,755.95 mt for 2024. Consideration of a percentage lower than the 
tribal request of 17.5 percent 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. A higher 
percentage would arguably also be within the scope of the treaty right. 
However, a higher percentage would unnecessarily limit the non-tribal 
fishery.
    Under the No Action alternative, NMFS would not make an allocation 
to the tribal sector. This alternative was considered, but the 
regulatory framework provides for a tribal allocation on an annual 
basis only. Therefore, the No Action alternative would result in no 
allocation of Pacific whiting to the tribal sector in 2024, which would 
be inconsistent with NMFS' responsibility to manage the fishery 
consistent with the Tribes' treaty rights. Given that there is a tribal 
request for allocation in 2024, this No Action alternative for 
allocation to the tribal sector received no further consideration.

Regulatory Flexibility Act Determination of No Significant Impact

    NMFS has preliminarily determined this proposed rule would not have 
a significant economic impact on small entities. This rule is similar 
to previous rulemakings concerning Pacific whiting. In the context of 
an internationally set TAC, this rule concerns the amount of the U.S. 
TAC that should be allocated to the tribal fishery and a set-aside for 
research and bycatch in non-groundfish fisheries, and announces Pacific 
whiting allocations for the non-tribal fishery for 2024. Pacific 
whiting allocations to the non-tribal sectors provide additional 
economic opportunity to the entities considered in this analysis to 
prosecute a quota species within a multi-species groundfish catch share 
program. In addition, the reapportioning process allows unharvested 
tribal allocations of Pacific whiting, fished by small entities, to be 
fished by the non-tribal fleets, potentially providing economic 
benefits to both large and small entities. NMFS believes this rule will 
not adversely affect small entities. Thus, as discussed above, this 
action would not have a significant economic impact on small entities. 
Nonetheless, NMFS has prepared an IRFA and is requesting comments on 
this conclusion.
    NMFS has prepared the IRFA, as described above, and is requesting 
comments on this conclusion. See ADDRESSES.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

[[Page 34193]]

    No Federal rules have been identified that duplicate, overlap, or 
conflict with this action.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian Fisheries.

    Dated: April 24, 2024
Samuel D. Rauch III,
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., 16 U.S.C. 773 et seq., and 
16 U.S.C. 7001 et seq.

0
2. In Sec.  660.50, revise paragraph (f)(4) to read as follows:


Sec.  660.50  Pacific Coast treaty Indian fisheries.

* * * * *
    (f) * * *
    (4) Pacific whiting. The tribal allocation for 2024 is 71,755.95 
mt.
* * * * *
0
3. Revise Table 2a to part 660, subpart C-2024, to read as follows:

   Table 2a to Part 660, Subpart C--2024, Specifications of OFL, ABC, ACL, ACT and Fishery Harvest Guidelines
                                            (Weights in Metric Tons)
                                       [Capitalized stocks are overfished]
----------------------------------------------------------------------------------------------------------------
            Stocks                    Area              OFL             ABC           ACL \a\     Fishery HG \b\
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH \c\........  Coastwide.......              91              76            53.3            42.6
Arrowtooth Flounder \d\.......  Coastwide.......          20,459          14,178          14,178          12,083
Big Skate \e\.................  Coastwide.......           1,492           1,267           1,267         1,207.2
Black Rockfish \f\............  California (S of             364             329             329           326.6
                                 42[deg] N lat).
Black Rockfish \g\............  Washington (N of             319             289             289           270.5
                                 46[deg]16' N
                                 lat).
Bocaccio \h\..................  S of 40[deg]10'            2,002           1,828           1,828         1,779.9
                                 N lat.
Cabezon \i\...................  California (S of             185             171             171           169.4
                                 42[deg] N lat).
California Scorpionfish \j\...  S of 34[deg]27'              280             252             252             248
                                 N lat.
Canary Rockfish \k\...........  Coastwide.......           1,434           1,296          12,296         1,227.4
Chilipepper \l\...............  S of 40[deg]10'            2,346           2,121           2,121         2,023.4
                                 N lat.
Cowcod \m\....................  S of 40[deg]10'              112              79              79            67.8
                                 N lat.
Cowcod........................  (Conception)....              93              67              NA              NA
Cowcod........................  (Monterey)......              19              12              NA              NA
Darkblotched Rockfish \n\.....  Coastwide.......             857             782             782           758.7
Dover Sole \o\................  Coastwide.......          55,859          51,949          50,000        48,402.9
English Sole \p\..............  Coastwide.......          11,158           8,960           8,960         8,700.5
Lingcod \q\...................  N of 40[deg]10'            4,455           3,854           3,854         3,574.4
                                 N lat.
Lingcod \r\...................  S of 40[deg]10'              855             740             722           706.5
                                 N lat.
Longnose Skate \s\............  Coastwide.......           1,955           1,660           1,660         1,408.7
Longspine Thornyhead \t\......  N of 34[deg]27'            4,433           2,846           2,162         2,108.3
                                 N lat.
Longspine Thornyhead \u\......  S of 34[deg]27'   ..............  ..............             683           680.8
                                 N lat.
Pacific Cod \v\...............  Coastwide.......           3,200           1,926           1,600           1,094
Pacific Ocean Perch \w\.......  N of 40[deg]10'            4,133           3,443           3,443         3,297.5
                                 N lat.
Pacific Whiting \x\...........  Coastwide.......         747,588              x/              x/      337,528.05
Petrale Sole \y\..............  Coastwide.......           3,563           3,285           3,285         2,898.8
Sablefish \z\.................  N of 36[deg] N            10,670           9,923           7,730    See Table 2c
                                 lat.
Sablefish \aa\................  S of 36[deg] N    ..............  ..............           2,193         2,165.6
                                 lat.
Shortspine Thornyhead \bb\....  N of 34[deg]27'            3,162           2,030           1,328         1,249.7
                                 N lat.
Shortspine Thornyhead \cc\....  S of 34[deg]27'   ..............  ..............             702           695.3
                                 N lat.
Spiny Dogfish \dd\............  Coastwide.......           1,883           1,407           1,407         1,055.5
Splitnose \ee\................  S of 40[deg]10'            1,766           1,553           1,553         1,534.3
                                 N lat.
Starry Flounder \ff\..........  Coastwide.......             652             392             392           343.7
Widow Rockfish \gg\...........  Coastwide.......          12,453          11,482          11,482        11,243.7
Yellowtail Rockfish \hh\......  N of 40[deg]10'            5,795           5,291           5,291         4,263.3
                                 N lat.
----------------------------------------------------------------------------------------------------------------
                                                 Stock Complexes
----------------------------------------------------------------------------------------------------------------
Blue/Deacon/Black Rockfish      Oregon..........             671             594             594           592.2
 \ii\.
Cabezon/Kelp Greenling \jj\...  Washington......              22              17              17              15
Cabezon/Kelp Greenling \kk\...  Oregon..........             198             180             180           179.2
Nearshore Rockfish North \ll\.  N of 40[deg]10'              109              91              91            87.7
                                 N lat.
Nearshore Rockfish South \mm\.  S of 40[deg]10'            1,097             902             891           886.5
                                 N lat.
Other Fish \nn\...............  Coastwide.......             286             223             223           201.8
Other Flatfish \oo\...........  Coastwide.......           7,946           4,874           4,874         4,653.2
Shelf Rockfish North \pp\.....  N of 40[deg]10'            1,610           1,278           1,278           1,207
                                 N lat.
Shelf Rockfish South \qq\.....  S of 40[deg]10'            1,833           1,464           1,464         1,331.4
                                 N lat.
Slope Rockfish North \rr\.....  N of 40[deg]10'            1,797           1,516           1,516         1,450.6
                                 N lat.
Slope Rockfish South \ss\.....  S of 40[deg]10'              868             697             697           658.1
                                 N lat.
----------------------------------------------------------------------------------------------------------------
\a\ Annual catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total
  catch values.
\b\ Fishery HGs means the HG or quota after subtracting Pacific Coast treaty Indian tribes allocations and
  projected catch, projected research catch, deductions for fishing mortality in non-groundfish fisheries, and
  deductions for EFPs from the ACL or ACT.

[[Page 34194]]

 
\c\ Yelloweye rockfish. The 53.3 mt ACL is based on the current rebuilding plan with a target year to rebuild of
  2029 and an SPR harvest rate of 65 percent. 10.7 mt is deducted from the ACL to accommodate the Tribal fishery
  (5 mt), EFP fishing (0.12 mt), research catch (2.92 mt), and incidental open access mortality (2.66 mt)
  resulting in a fishery HG of 42.6 mt. The non-trawl HG is 39.2 mt. The combined non-nearshore/nearshore HG is
  8.2 mt. Recreational HGs are: 10 mt (Washington); 9.1 mt (Oregon); and 11.8 mt (California). In addition, the
  non-trawl ACT is 30.7, and the combined non-nearshore/nearshore ACT is 6.4 mt. Recreational ACTs are: 7.9 mt
  (Washington), 7.2 (Oregon), and 9.3 mt (California).
\d\ Arrowtooth flounder. 2,094.98 mt is deducted from the ACL to accommodate the Tribal fishery (2,041 mt),
  research catch (12.98 mt) and incidental open access mortality (41 mt), resulting in a fishery HG of 12,083
  mt.
\e\ Big skate. 59.8 mt is deducted from the ACL to accommodate the Tribal fishery (15 mt), research catch (5.49
  mt), and incidental open access mortality (39.31 mt), resulting in a fishery HG of 1,207.2 mt.
\f\ Black rockfish (California). 2.26 mt is deducted from the ACL to accommodate EFP fishing (1.0 mt), research
  catch (0.08 mt), and incidental open access mortality (1.18 mt), resulting in a fishery HG of 326.6 mt.
\g\ Black rockfish (Washington). 18.1 mt is deducted from the ACL to accommodate the Tribal fishery (18 mt) and
  research catch (0.1 mt), resulting in a fishery HG of 270.5 mt.
\h\ Bocaccio south of 40[deg]10' N lat. Bocaccio are managed with stock-specific harvest specifications south of
  40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N lat. 48.12 mt is deducted
  from the ACL to accommodate EFP fishing (40 mt), research catch (5.6 mt), and incidental open access mortality
  (2.52 mt), resulting in a fishery HG of 1,779.9 mt. The California recreational fishery south of 40[deg]10' N
  lat. has an HG of 749.7 mt.
\i\ Cabezon (California). 1.63 mt is deducted from the ACL to accommodate EFP fishing (1 mt), research catch
  (0.02 mt), and incidental open access mortality (0.61 mt), resulting in a fishery HG of 169.4 mt.
\j\ California scorpionfish south of 34[deg]27' N lat. 3.89 mt is deducted from the ACL to accommodate research
  catch (0.18 mt) and incidental open access mortality (3.71 mt), resulting in a fishery HG of 248 mt.
\k\ Canary rockfish. 68.91 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), EFP fishing (6
  mt), research catch (10.08 mt), and incidental open access mortality (2.83 mt), resulting in a fishery HG of
  1,227.4 mt. The combined nearshore/non-nearshore HG is 122.4 mt. Recreational HGs are: 41.8 mt (Washington);
  62.9 mt (Oregon); and 112.9 mt (California).
\l\ Chilipepper rockfish south of 40[deg]10' N lat. Chilipepper are managed with stock-specific harvest
  specifications south of 40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N
  lat. 97.7 mt is deducted from the ACL to accommodate EFP fishing (70 mt), research catch (14.04 mt),
  incidental open access mortality (13.66 mt), resulting in a fishery HG of 2,023.4 mt.
\m\ Cowcod south of 40[deg]10' N lat. Cowcod are managed with stock-specific harvest specifications south of
  40[deg]10' N lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' N lat. 11.17 mt is deducted
  from the ACL to accommodate EFP fishing (1 mt), research catch (10 mt), and incidental open access mortality
  (0.17 mt), resulting in a fishery HG of 67.8 mt.
\n\ Darkblotched rockfish. 23.76 mt is deducted from the ACL to accommodate the Tribal fishery (5 mt), EFP
  fishing (0.5 mt), research catch (8.46 mt), and incidental open access mortality (9.8 mt) resulting in a
  fishery HG of 758.7 mt.
\o\ Dover sole. 1,597.11 mt is deducted from the ACL to accommodate the Tribal fishery (1,497 mt), research
  catch (50.84 mt), and incidental open access mortality (49.27 mt), resulting in a fishery HG of 48,402.9 mt.
\p\ English sole. 259.52 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), research catch
  (17 mt), and incidental open access mortality (42.52 mt), resulting in a fishery HG of 8,700.5 mt.
\q\ Lingcod north of 40[deg]10' N lat. 279.63 mt is deducted from the ACL for the Tribal fishery (250 mt),
  research catch (17.71 mt), and incidental open access mortality (11.92 mt) resulting in a fishery HG of
  3,574.4 mt.
\r\ Lingcod south of 40[deg]10' N lat. 15.5 mt is deducted from the ACL to accommodate EFP fishing (4 mt),
  research catch (3.19 mt), and incidental open access mortality (8.31 mt), resulting in a fishery HG of 706.5
  mt.
\s\ Longnose skate. 251.3 mt is deducted from the ACL to accommodate the Tribal fishery (220 mt), and research
  catch (12.46 mt), and incidental open access mortality (18.84 mt), resulting in a fishery HG of 1,408.7 mt.
\t\ Longspine thornyhead north of 34[deg]27' N lat. 53.71 mt is deducted from the ACL to accommodate the Tribal
  fishery (30 mt), research catch (17.49 mt), and incidental open access mortality (6.22 mt), resulting in a
  fishery HG of 2,108.3 mt.
\u\ Longspine thornyhead south of 34[deg]27' N lat. 2.24 mt is deducted from the ACL to accommodate research
  catch (1.41 mt) and incidental open access mortality (0.83 mt), resulting in a fishery HG of 680.8 mt.
\v\ Pacific cod. 506 mt is deducted from the ACL to accommodate the Tribal fishery (500 mt), research catch
  (5.47 mt), and incidental open access mortality (0.53 mt), resulting in a fishery HG of 1,094 mt.
\w\ Pacific ocean perch north of 40[deg]10' N lat. Pacific ocean perch are managed with stock-specific harvest
  specifications north of 40[deg]10' N lat. and within the Minor Slope Rockfish complex south of 40[deg]10' N
  lat. 145.48 mt is deducted from the ACL to accommodate the Tribal fishery (130 mt), EFP fishing, research
  catch (5.39 mt), and incidental open access mortality (10.09 mt), resulting in a fishery HG of 3,297.5 mt.
\x\ Pacific hake/whiting. The 2024 OFL of 747,588mt is based on the 2024 assessment with an F40 percent of FMSY
  proxy. The 2024 coastwide adjusted Total Allowable Catch (TAC) is 555,000 mt. The U.S. TAC is 73.88 percent of
  the coastwide TAC. The 2024 adjusted U.S. TAC is 410,034 mt. From the U.S. TAC, 71,755.95 mt is deducted to
  accommodate the Tribal fishery, and 750 mt is deducted to accommodate research and bycatch in other fisheries,
  resulting in a 2024 fishery HG of 337,528.05 mt. The TAC for Pacific whiting is established under the
  provisions of the Agreement between the Government of the United States of America and the Government of
  Canada on Pacific Hake/Whiting of 2003 and the Pacific Whiting Act of 2006, 16 U.S.C. 7001-7010, and the
  international exception applies. Therefore, no ABC or ACL values are provided for Pacific whiting.
\y\ Petrale sole. 386.24 mt is deducted from the ACL to accommodate the Tribal fishery (350 mt), EFP fishing (1
  mt), research catch (24.14 mt), and incidental open access mortality (11.1 mt), resulting in a fishery HG of
  2,898.8 mt.
\z\ Sablefish north of 36[deg] N lat. The sablefish coastwide ACL value is not specified in regulations. The
  sablefish coastwide ACL value is apportioned north and south of 36[deg] N lat., using the rolling 5-year
  average estimated swept area biomass from the NMFS NWFSC trawl survey, with 77.9 percent apportioned north of
  36[deg] N lat. and 22.1 percent apportioned south of 36[deg] N lat. The northern ACL is 7,730 mt and is
  reduced by 773 mt for the Tribal allocation (10 percent of the ACL north of 36[deg] N lat.). The 773 mt Tribal
  allocation is reduced by 1.7 percent to account for discard mortality. Detailed sablefish allocations are
  shown in table 1c.
\aa\ Sablefish south of 36[deg] N lat. The ACL for the area south of 36[deg] N lat. is 2,193 mt (22.1 percent of
  the calculated coastwide ACL value). 27.4 mt is deducted from the ACL to accommodate research catch (2.40 mt)
  and the incidental open access fishery (25 mt), resulting in a fishery HG of 2,165.6 mt.
\bb\ Shortspine thornyhead north of 34[deg]27' N lat. 78.3 mt is deducted from the ACL to accommodate the Tribal
  fishery (50 mt), research catch (10.48 mt), and incidental open access mortality (17.82 mt), resulting in a
  fishery HG of 1,249.7 mt for the area north of 34[deg]27' N lat.
\cc\ Shortspine thornyhead south of 34[deg]27' N lat. 6.71 mt is deducted from the ACL to accommodate research
  catch (0.71 mt) and incidental open access mortality (6 mt), resulting in a fishery HG of 695.3 mt for the
  area south of 34[deg]27' N lat.
\dd\ Spiny dogfish. 351.48 mt is deducted from the ACL to accommodate the Tribal fishery (275 mt), EFP fishing
  (1 mt), research catch (41.85 mt), and incidental open access mortality (33.63 mt), resulting in a fishery HG
  of 1,055.5 mt.
\ee\ Splitnose rockfish south of 40[deg]10' N lat. Splitnose rockfish in the north is managed in the Slope
  Rockfish complex and with stock-specific harvest specifications south of 40[deg]10' N lat. 18.42 mt is
  deducted from the ACL to accommodate EFP fishing (1.5 mt), research catch (11.17 mt), and incidental open
  access mortality (5.75 mt), resulting in a fishery HG of 1,534.3 mt.
\ff\ Starry flounder. 48.28 mt is deducted from the ACL to accommodate the Tribal fishery (2 mt), research catch
  (0.57 mt), and incidental open access mortality (45.71 mt), resulting in a fishery HG of 343.7 mt.
\gg\ Widow rockfish. 238.32 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), EFP fishing
  (18 mt), research catch (17.27 mt), and incidental open access mortality (3.05 mt), resulting in a fishery HG
  of 11,243.7 mt.
\hh\ Yellowtail rockfish north of 40[deg]10' N lat. Yellowtail rockfish are managed with stock-specific harvest
  specifications north of 40[deg]10' N lat. and within the Minor Shelf Rockfish complex south of 40[deg]10' N
  lat. 1,027.55 mt is deducted from the ACL to accommodate the Tribal fishery (1,000 mt), research catch (20.55
  mt), and incidental open access mortality (7 mt), resulting in a fishery HG of 4,263.3 mt.

[[Page 34195]]

 
\ii\ Black rockfish/Blue rockfish/Deacon rockfish (Oregon). 1.82 mt is deducted from the ACL to accommodate
  research catch (0.08 mt), and incidental open access mortality (1.74 mt), resulting in a fishery HG of 592.2
  mt.
\jj\Cabezon/kelp greenling (Washington). 2 mt is deducted from the ACL to accommodate the Tribal fishery,
  resulting in a fishery HG is 15 mt.
\kk\ Cabezon/kelp greenling (Oregon). 0.79 mt is deducted from the ACL to accommodate research catch (0.05 mt)
  and incidental open access mortality (0.74 mt), resulting in a fishery HG of 179.2 mt.
\ll\ Nearshore Rockfish north of 40[deg]10' N lat. 3.27 mt is deducted from the ACL to accommodate the Tribal
  fishery (1.5 mt), research catch (0.47 mt), and incidental open access mortality (1.31 mt), resulting in a
  fishery HG of 87.7 mt. State-specific HGs are 17.2 mt (Washington), 30.9 mt (Oregon), and 39.9 mt
  (California). The ACT for copper rockfish (California) is 6.99 mt. The ACT for quillback rockfish (California)
  is 0.96 mt.
\mm\ Nearshore Rockfish south of 40[deg]10' N lat. 4.54 mt is deducted from the ACL to accommodate research
  catch (2.68 mt) and incidental open access mortality (1.86 mt), resulting in a fishery HG of 886.5 mt. The ACT
  for copper rockfish is 87.73 mt. The ACT for quillback rockfish is 0.97 mt.
\nn\ nn/Other Fish. The Other Fish complex is comprised of kelp greenling off California and leopard shark
  coastwide. 21.24 mt is deducted from the ACL to accommodate research catch (6.29 mt) and incidental open
  access mortality (14.95 mt), resulting in a fishery HG of 201.8 mt.
\oo\ Other Flatfish. The Other Flatfish complex is comprised of flatfish species managed in the PCGFMP that are
  not managed with stock-specific OFLs/ABCs/ACLs. Most of the species in the Other Flatfish complex are
  unassessed and include: butter sole, curlfin sole, flathead sole, Pacific sanddab, rock sole, sand sole, and
  rex sole. 220.79 mt is deducted from the ACL to accommodate the Tribal fishery (60 mt), research catch (23.63
  mt), and incidental open access mortality (137.16 mt), resulting in a fishery HG of 4,653.2 mt.
\pp\ Shelf Rockfish north of 40[deg]10' N lat. 70.94 mt is deducted from the ACL to accommodate the Tribal
  fishery (30 mt), research catch (15.32 mt), and incidental open access mortality (25.62 mt), resulting in a
  fishery HG of 1,207.1 mt.
\qq\ Shelf Rockfish south of 40[deg]10' N lat. 132.77 mt is deducted from the ACL to accommodate EFP fishing (50
  mt), research catch (15.1 mt), and incidental open access mortality (67.67 mt) resulting in a fishery HG of
  1,331.4 mt.
\rr\ Slope Rockfish north of 40[deg]10' N lat. 65.39 mt is deducted from the ACL to accommodate the Tribal
  fishery (36 mt), research catch (10.51 mt), and incidental open access mortality (18.88 mt), resulting in a
  fishery HG of 1,450.6 mt.
\ss\ Slope Rockfish south of 40[deg]10' N lat. 38.94 mt is deducted from the ACL to accommodate EFP fishing (1
  mt), research catch (18.21 mt), and incidental open access mortality (19.73 mt), resulting in a fishery HG of
  658.1 mt. Blackgill rockfish has a stock-specific HG for the entire groundfish fishery south of 40[deg]10' N
  lat. set equal to the species' contribution to the 40-10-adjusted ACL. Harvest of blackgill rockfish in all
  groundfish fisheries south of 40[deg]10' N lat. counts against this HG of 169.9 mt.

* * * * *
0
4. Revise Table 2b to part 660, subpart C-2024, to read as follows:

           Table 2b. to Part 660, Subpart C-2024, and Beyond, Allocations by Species or Species Group
                                             [Weight in metric tons]
----------------------------------------------------------------------------------------------------------------
                                                               Fishery HG         Trawl             Non-trawl
       Stocks/stock complexes                  Area            or ACT \a\ --------------------------------------
                                                                  \b\         %         mt         %       mt
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH \a\..............  Coastwide.............         42.6       8         3.41      92      39.2
Arrowtooth flounder.................  Coastwide.............           12      95     11,478.9       5     604.2
Big skate \a\.......................  Coastwide.............      1,207.2      95      1,146.8       5      60.4
Bocaccio \a\........................  S of 40[deg]10' N lat.      1,779.9   39.04        694.9   60.96     1,085
Canary rockfish \a\.................  Coastwide.............      1,227.4    72.3        887.4    27.7       340
Chilipepper rockfish................  S of 40[deg]10' N lat.      2,023.4      75      1,517.6      25     505.9
Cowcod \a\..........................  S of 40[deg]10' N lat.         67.8      36         24.4      64      43.4
Darkblotched rockfish...............  Coastwide.............        758.7      95        720.8       5      37.9
Dover sole..........................  Coastwide.............     48,402.8      95     45,982.7       5   2,420.1
English sole........................  Coastwide.............      8,700.5      95      8,265.5       5       435
Lingcod.............................  N of 40[deg]10' N lat.      3,574.4      45      1,608.5      55   1,965.9
Lingcod \a\.........................  S of 40[deg]10' N lat.        706.5      40        282.6      60     423.9
Longnose skate \a\..................  Coastwide.............      1,408.7      90      1,267.8      10     140.9
Longspine thornyhead................  N of 34[deg]27' N lat.      2,108.3      95      2,002.9       5     105.4
Pacific cod.........................  Coastwide.............        1,094      95      1,039.3       5      54.7
Pacific ocean perch.................  N of 40[deg]10' N lat.      3,297.5      95      3,132.6       5     164.9
Pacific whiting \c\.................  Coastwide.............   337,528.05     100   337,528.05       0         0
Petrale sole \a\....................  Coastwide.............      2,898.8  ......      2,868.8  ......        30
                                                                          --------------------------------------
Sablefish...........................  N of 36[deg] N lat....           NA               See Table 2c
                                                                          --------------------------------------
Sablefish...........................  S of 36[deg] N lat....      2,165.6      42        909.6      58   1,256.0
Shortspine thornyhead...............  N of 34[deg]27' N lat.      1,249.7      95      1,187.2       5      62.5
Shortspine thornyhead...............  S of 34[deg]27' N lat.        695.3  ......           50  ......     645.3
Splitnose rockfish..................  S of 40[deg]10' N lat.      1,534.3      95      1,457.6       5      76.7
Starry flounder.....................  Coastwide.............        343.7      50        171.9      50     171.9
Widow rockfish \a\..................  Coastwide.............     11,243.7  ......     10,843.7  ......       400
Yellowtail rockfish.................  N of 40[deg]10' N lat.      4,263.3      88      3,751.7      12     511.6
Other Flatfish......................  Coastwide.............      4,653.2      90      4,187.9      10     465.3
Shelf Rockfish \a\..................  N of 40[deg]10' N lat.      1,207.1    60.2        726.7    39.8     480.4
Shelf Rockfish \a\..................  S of 40[deg]10' N lat.      1,331.4    12.2       162.43    87.8   1,169.0
Slope Rockfish......................  N of 40[deg]10' N lat.      1,450.6      81      1,175.0      19    2750.6
Slope Rockfish \a\..................  S of 40[deg]10' N lat.        658.1      63        414.6      37     243.5
----------------------------------------------------------------------------------------------------------------
\a\ Allocations decided through the biennial specification process.
\b\ The cowcod non-trawl allocation is further split 50:50 between the commercial and recreational sectors. This
  results in a sector-specific ACT of 22 mt for the commercial sector and 22 mt for the recreational sector.
\c\ Consistent with regulations at Sec.   660.55(i)(2), the commercial harvest guideline for Pacific whiting is
  allocated as follows: 34 percent for the C/P Co-op Program; 24 percent for the MS Co-op Program; and 42
  percent for the Shorebased IFQ Program. No more than 5 percent of the Shorebased IFQ Program allocation may be
  taken and retained south of 42[deg] N lat. before the start of the primary Pacific whiting season north of
  42[deg] N lat.


[[Page 34196]]

0
5. In Sec.  660.140, revise paragraph (d)(1)(ii)(D) to read as follows:


Sec.  660.140  Shorebased IFQ Program.

* * * * *
    (d) * * *
    (1) * * *
    (ii) * * *
    (D) Shorebased trawl allocations. For the trawl fishery, NMFS will 
issue QP based on the following shorebased trawl allocations:

                                       Table 1 to Paragraph (d)(1)(ii)(D)
----------------------------------------------------------------------------------------------------------------
                                                                             2023 Shorebased    2024 Shorebased
                IFQ species                               Area               trawl allocation   trawl allocation
                                                                                   (mt)               (mt)
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH.........................  Coastwide....................               4.42               4.42
Arrowtooth flounder........................  Coastwide....................          15,640.17          11,408.87
Bocaccio...................................  South of 40[deg]10' N lat....             700.33             694.87
Canary rockfish............................  Coastwide....................             842.50             830.22
Chilipepper................................  South of 40[deg]10' N lat....           1,563.80            1517.60
Cowcod.....................................  South of 40[deg]10' N lat....              24.80              24.42
Darkblotched rockfish......................  Coastwide....................             646.78             613.53
Dover sole.................................  Coastwide....................          45,972.75          45,972.75
English sole...............................  Coastwide....................           8,320.56           8,265.46
Lingcod....................................  North of 40[deg]10' N lat....           1,829.27           1,593.47
Lingcod....................................  South of 40[deg]10' N lat....             284.20             282.60
Longspine thornyhead.......................  North of 34[deg]27' N lat....           2,129.23           2,002.88
Pacific cod................................  Coastwide....................           1,039.30           1,039.30
Pacific halibut (IBQ)......................  North of 40[deg]10' N lat....                TBD                TBD
Pacific ocean perch........................  North of 40[deg]10' N lat....           2,956.14           2,832.64
Pacific whiting............................  Coastwide....................         159,681.38         141,761.78
Petrale sole...............................  Coastwide....................           3,063.76           2,863.76
Sablefish..................................  North of 36[deg] N lat.......           3,893.50           3,559.38
Sablefish..................................  South of 36[deg] N lat.......             970.00             889.00
Shortspine thornyhead......................  North of 34[deg]27' N lat....           1,146.67           1,117.22
Shortspine thornyhead......................  South of 34[deg]27' N lat....                 50                 50
Splitnose rockfish.........................  South of 40[deg]10' N lat....           1,494.70           1,457.60
Starry flounder............................  Coastwide....................             171.86             171.86
Widow rockfish.............................  Coastwide....................          11,509.68          10,367.68
Yellowtail rockfish........................  North of 40[deg]10' N lat....           3,761.84           3,668.56
Other Flatfish complex.....................  Coastwide....................           4,142.09           4,152.89
Shelf Rockfish complex.....................  North of 40[deg]10' N lat....             694.70             691.65
Shelf Rockfish complex.....................  South of 40[deg]10' N lat....             163.02             163.02
Slope Rockfish complex.....................  North of 40[deg]10' N lat....             894.43             874.99
Slope Rockfish complex.....................  South of 40[deg]10' N lat....              417.1             414.58
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2024-09220 Filed 4-29-24; 8:45 am]
BILLING CODE 3510-22-P