Rule2021-13150
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2021 Harvest Specifications for Pacific Whiting, and 2021 Pacific Whiting Tribal Allocation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 23, 2021
Effective
June 23, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues this final rule to establish the 2021 harvest specifications and management measures for Pacific whiting caught in the U.S. Exclusive Economic Zone off the coasts of Washington, Oregon, and California consistent with the Magnuson-Stevens Fishery Conservation and Management Act, the Pacific Whiting Act of 2006, and other applicable laws. This rule also establishes the 2021 adjusted U.S. Total Allowable Catch (TAC), tribal and non-tribal allocations, and research and bycatch set-asides. These measures are intended to help prevent overfishing, achieve optimum yield, ensure that management measures are based on the best scientific information available and ensure the long-term sustainability of Pacific whiting.
Full Text
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<title>Federal Register, Volume 86 Issue 118 (Wednesday, June 23, 2021)</title>
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[Federal Register Volume 86, Number 118 (Wednesday, June 23, 2021)]
[Rules and Regulations]
[Pages 32804-32812]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13150]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 210616-0131]
RIN 0648-BK25
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2021 Harvest Specifications for
Pacific Whiting, and 2021 Pacific Whiting Tribal Allocation
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues this final rule to establish the 2021 harvest
specifications and management measures for Pacific whiting caught in
the U.S. Exclusive Economic Zone off the coasts of Washington, Oregon,
and California consistent with the Magnuson-Stevens Fishery
Conservation and Management Act, the Pacific Whiting Act of 2006, and
other applicable laws. This rule also establishes the 2021 adjusted
U.S. Total Allowable Catch (TAC), tribal and non-tribal allocations,
and research and bycatch set-asides. These measures are intended to
help prevent overfishing, achieve optimum yield, ensure that management
measures are based on the best scientific information available and
ensure the long-term sustainability of Pacific whiting.
DATES: Effective June 23, 2021.
ADDRESSES: This final rule is accessible via the internet at the Office
of the Federal Register website at <a href="https://www.federalregister.gov">https://www.federalregister.gov</a>.
Background information and documents are available at the NMFS website
at <a href="https://www.fisheries.noaa.gov">https://www.fisheries.noaa.gov</a> and at the Pacific Fishery Management
Council's website at <a href="http://www.pcouncil.org/">http://www.pcouncil.org/</a>.
FOR FURTHER INFORMATION CONTACT: Stacey Miller, phone: 503-231-6290,
and email: <a href="/cdn-cgi/l/email-protection#2370574240465a0d6e4a4f4f4651634d4c42420d444c55"><span class="__cf_email__" data-cfemail="5a092e3b393f2374173336363f281a34353b3b743d352c">[email protected]</span></a>.
[[Page 32805]]
SUPPLEMENTARY INFORMATION:
Background
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, Nov. 21,
2003, Treaties and Other International Act Series (TIAS) 08-625
(Agreement). NMFS issued a proposed rule on February 16, 2021 (86 FR
9473) that describes the Agreement, including the establishment of F-40
percent default harvest rate, the explicit allocation of Pacific
whiting coastwide total allowable catch (TAC) to the United States
(73.88 percent) and Canada (26.12 percent), the bilateral bodies to
implement the terms of the Agreement, including the Joint Management
Committee (JMC), and the process used to determine the coastwide TAC
under the Agreement. The proposed rule also proposed allocating 17.5
percent of the U.S. TAC of Pacific whiting for 2021 to Pacific Coast
Indian tribes that have a treaty right to harvest groundfish, and
implementing set-asides (750 metric tons (mt)) for Pacific whiting for
research and incidental mortality in other fisheries.
On March 15-17, the JMC and Advisory Panel (AP) met remotely to
determine the 2021 coastwide TAC for Pacific whiting, however, they did
not reach a bilateral agreement on the coastwide TAC. Given this lack
of bilateral agreement, NMFS issued a revised proposed rule (86 FR
23659) on May 4, 2021 that included the 2021 coastwide and U.S. TACs,
as determined by NMFS under the Pacific Whiting Act of 2006 (Pacific
Whiting Act), and the 2021 non-tribal sector allocation. The revised
proposed rule also included the tribal allocation and set asides for
research and incidental mortality in other fisheries that was included
in the original proposed rule.
This final rule establishes the 2021 Pacific whiting harvest
specifications, including the adjusted coastwide TAC of 500,000 mt and
the adjusted U.S. TAC of 369,400 mt. The final rule also establishes
the 2021 tribal allocation of 17.5 percent of the U.S. TAC (64,645 mt),
allocations for the three non-tribal commercial whiting sectors, and
set-asides for research and incidental mortality of Pacific whiting as
recommended by the Pacific Fishery Management Council (Council). The
allocations for Pacific whiting are effective until December 31, 2021.
2021 Pacific Whiting Harvest Specifications
The 2021 JMC and AP met remotely March 15-17, 2021 but did not
reach a bilateral agreement on the coastwide TAC. The Agreement does
not specify a procedure for when the JMC does not agree on a coastwide
TAC. However, the Pacific Whiting Act (16 U.S.C. 7006(c)) identifies
procedures for when the JMC does not recommend a final coastwide TAC.
The Pacific Whiting Act states that NMFS (as delegated by the Secretary
of Commerce) should establish the Pacific whiting TAC, taking into
account recommendations from the Pacific whiting treaty bodies, and the
Council. The Pacific Whiting Act requires NMFS to base the coastwide
TAC decision on the best scientific information available, and use the
Agreement's default harvest rate unless scientific information
indicates a different rate is necessary to sustain the Pacific whiting
resource. The Pacific Whiting Act also requires NMFS to establish the
U.S. share of the TAC based on the U.S./Canada percentage split in the
Agreement. Finally, the Pacific Whiting Act requires NMFS to make the
necessary adjustments to the TAC specified in the Agreement. Paragraph
5 of Article II of the Agreement requires adjustments to the coastwide
TAC to account for overages if either U.S. or Canadian catch in the
previous year exceeded its individual TAC, or carryovers if U.S. or
Canadian catch was less than its individual TAC in the previous year.
Both the United States and Canada harvested less than their individual
TACs in 2020, therefore carryover is applied to the 2021 individual
TACs.
Taking into account the percentage shares for each country (26.12
percent for Canada and 73.88 percent for the United States) and the
adjustments for uncaught fish, as required by the Pacific Whiting Act,
this final rule announces a final adjusted coastwide TAC of 500,000 mt
and a final adjusted TAC for the United States of 369,400 mt (314,320
mt + 55,080 mt carryover adjustment). Following the Act's criteria,
NMFS analyzed a range of alternatives in the revised proposed rule (86
FR 23659; May 4, 2021) and determined a final adjusted coastwide TAC of
500,000 mt maintains the sustainability of the Pacific whiting stock
and balances the economic needs of coastal communities. This TAC is
well below the default level of F-40 percent and is supported by the
recommendations from the JMC and its advisory bodies, and is consistent
with the best scientific information available, provisions of the
Agreement, and the Pacific Whiting Act.
Tribal Allocations
This final rule establishes the tribal allocation of Pacific
whiting for 2021 as described in the revised proposed rule (86 FR
23659; May 4, 2021). Since 1996, NMFS has been allocating a portion of
the U.S. TAC of Pacific whiting to the tribal fishery. Regulations for
the Pacific Coast Groundfish Fishery Management Plan (FMP) specify that
the tribal allocation is subtracted from the total U.S. Pacific whiting
TAC. The tribal Pacific whiting fishery is managed separately from the
non-tribal Pacific whiting fishery and is not governed by limited entry
or open access regulations or allocations. NMFS is establishing the
2021 tribal allocation as 64,645 mt (17.5 percent of the U.S. TAC) in
this final rule.
In 2009, NMFS, the states of Washington and Oregon, and the tribes
with treaty rights to harvest Pacific whiting started a process to
determine the long-term tribal allocation for Pacific whiting; however,
no long-term allocation has been determined. While new scientific
information or discussions with the relevant parties may impact that
decision, the best available scientific information to date suggests
that 64,645 mt is within the likely range of potential treaty right
amounts. As with prior tribal Pacific whiting allocations, this final
rule is not intended to establish precedent for future Pacific whiting
seasons, or for the determination of the total amount of Pacific
whiting to which the Tribes are entitled under their treaty right.
Rather, this rule adopts an interim allocation. The long-term tribal
treaty amount will be based on further development of scientific
information and additional coordination and discussion with and among
the coastal tribes and the states of Washington and Oregon.
Harvest Guidelines and Allocations
This final rule establishes the fishery harvest guideline (HG),
also called the non-tribal allocation, as described in the revised
proposed rule published on May 4, 2021 (86 FR 23659). The 2021 fishery
HG for Pacific whiting is 304,005 mt. This amount was determined by
deducting the 64,645 mt tribal allocation and the 750 mt allocation for
scientific research catch and fishing mortality in non-groundfish
fisheries from the total U.S. TAC of 369,400 mt. The Council recommends
the research and bycatch set-aside on an annual basis, based on
estimates of scientific research catch and estimated bycatch mortality
in non-groundfish fisheries. The regulations further allocate the
fishery HG among the three non-tribal
[[Page 32806]]
sectors of the Pacific whiting fishery: The catcher/processor (C/P)
Coop Program, the Mothership (MS) Coop Program, and the Shorebased
Individual Fishing Quota (IFQ) Program. The C/P Coop Program is
allocated 34 percent (103,362 mt for 2021), the MS Coop Program is
allocated 24 percent (72,961 mt for 2021), and the Shorebased IFQ
Program is allocated 42 percent (127,682 mt for 2021). The fishery
south of 42[deg] N lat. may not take more than 6,384 mt (5 percent of
the Shorebased IFQ Program allocation) prior to May 15, the start of
the primary Pacific whiting season north of 42[deg] N lat.
Table 1--2021 U.S. Pacific Whiting Total Allowable Catch and Allocations
in Metric Tons
------------------------------------------------------------------------
2021 Pacific
whiting
harvest
specifications
(mt)
------------------------------------------------------------------------
Adjusted U.S. TAC....................................... 369,400
Tribal.................................................. 64,645
Catcher/Processor (C/P) Coop Program.................... 103,362
Mothership (MS) Coop Program............................ 72,961
Shorebased IFQ Program.................................. 127,682
------------------------------------------------------------------------
Comments and Responses
NMFS issued a proposed rule on February 16, 2021 (86 FR 9473) that
proposed allocating 17.5 percent of the U.S. TAC of Pacific whiting for
2021 to Pacific Coast Indian tribes that have a treaty right to harvest
groundfish, and implement set-asides (750 mt) for Pacific whiting for
research and incidental mortality in other fisheries. The comment
period on the proposed rule closed on March 18, 2021. NMFS did not
receive any public comments. On May 4, 2021, NMFS issued a revised
proposed rule to include additional actions due to the lack of a
bilateral agreement on the 2021 Pacific whiting coastwide TAC by the
JMC under the Agreement. The revised proposed rule included the 2021
adjusted coastwide TAC and U.S. TAC for Pacific whiting as determined
by NMFS under the Pacific Whiting Act, the non-tribal sector
allocations, and the tribal allocation and set-asides included in the
original proposed rule. We requested public comment on these proposed
actions through May 19, 2021 but received no public comments during the
comment period.
Changes From the Proposed Rule
NMFS has not made any changes to the proposed regulatory text and
there are no substantive changes from the revised proposed rule.
Classification
The Administrator, West Coast Region, NMFS, determined that the
final rule is necessary for the conservation and management of the
Pacific whiting and that it is consistent with section 304(b)(1)(A) and
305(d), and other provisions of the Magnuson-Stevens Fishery
Conservation and Management Act, the Pacific Coast Groundfish FMP, and
other applicable laws.
Pursuant to 5 U.S.C. 553(d)(3), the NMFS Assistant Administrator
finds good cause to waive the 30-day delay in the date of effectiveness
for this final rule because such a delay would be contrary to the
public interest. If this final rule were delayed by 30 days, Pacific
coast whiting fishermen would not be able to fish under the final catch
limits for Pacific whiting for that time period, and not be able to
realize the full level of economic opportunity this rule provides.
Waiving the 30-day delay in the date of effectiveness will allow this
final rule to more fully benefit the fishery through increased fishing
opportunities as described in the preamble of this rule.
In addition, because this rule increases catch limits for Pacific
whiting compared to the interim allocation the fishery is currently
operating under, it therefore also falls within the 5 U.S.C. 553(d)(1)
exception to the 30-day delay in the date of effectiveness requirement.
The Pacific whiting fishery season began fishing on May 15, 2021 under
interim allocations based on the lowest coastwide TAC considered in the
revised proposed rule. This final rule implements a higher TAC for
Pacific whiting and implementing the rule upon publication provides the
whiting fleet more opportunity and greater flexibility to harvest the
optimal yield.
Waiving the 30-day delay in effectiveness will not have a negative
impact on any entities, as there are no new compliance requirements or
other burdens placed on the fishing community with this rule. Making
this rule effective immediately would also serve the best interests of
the public because it will allow for the longest possible fishing
season for Pacific whiting and therefore the best possible economic
outcome for those whose livelihoods depend on this fishery. Because the
30-day delay in effectiveness would potentially cause significant
financial harm without providing any corresponding benefits, this final
rule is effective upon publication in the Federal Register.
The Office of Management and Budget has determined that this
proposed rule is not significant for purposes of Executive Order 12866.
A range of potential harvest levels for Pacific whiting have been
considered under the Final Environmental Impact Statement for Harvest
Specifications and Management Measures for 2015-2016 and Biennial
Periods thereafter (2015/16 FEIS). The 2015/16 FEIS examined the
harvest specifications and management measures for 2015-16 and 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
Environmental Assessment for Amendment 29 to the Pacific Coast
Groundfish Fishery Management Plan and 2021-22 Harvest Specifications
and Management Measures (2021-22 EA) for the 2021-22 cycle tiers from
the 2015/16 FEIS and focuses on the harvest specifications and
management measures for Pacific coast groundfish stocks that were not
within the scope of the 10 year projections in the 2015/16 FEIS. The
2015/16 FEIS and 2021-22 EA are available from NMFS (see ADDRESSES).
Final Regulatory Flexibility Analysis
NMFS published a revised proposed rule on May 4, 2021 (86 FR
23659), for the 2021 Harvest Specifications for Pacific Whiting, and
2021 tribal allocation for Pacific whiting. An Initial Regulatory
Flexibility Analysis (IRFA) was prepared and summarized in the
Classification section of the preamble to the revised proposed rule.
The comment period on the revised proposed rule ended on May 19, 2021.
NMFS did not receive any public comments on the revised proposed rule.
The Chief Counsel for Advocacy of the Small Business Administration
(SBA) did not file any comments on the IRFA or the revised proposed
rule. The description of this action, its purpose, and its legal basis
are described in the preamble to the revised proposed rule and are not
repeated here. A Final Regulatory Flexibility Analysis (FRFA) was
prepared and incorporates the IRFA. There were no public comments
received on the IRFA. NMFS also prepared a RIR for this action. A copy
of the RIR/FRFA is available from NMFS (see ADDRESSES). A summary of
the FRFA, per the requirements of 5 U.S.C. 604 follows.
[[Page 32807]]
Under the Regulatory Flexibility Act (RFA), the term ``small
entities'' includes small businesses, small organizations, and small
governmental jurisdictions. The Small Business Administration 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 (see 80 FR
81194, December 29, 2015). 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. Effective February 26, 2016, 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 81 FR 4469; January 26, 2016). For
purposes of rulemaking, NMFS is also applying the seafood processor
standard to catcher processors because whiting C/Ps earn the majority
of the revenue from processed seafood product.
A Summary of the Significant Issues Raised by the Public in Response to
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a
Statement of Any Changes Made in the Final Rule as a Result of Such
Comments
No public comments were received on the revised proposed rule.
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 final rule establishes the adjusted coastwide and U.S. TACs
and affects how Pacific whiting is allocated to the following sectors/
programs: Tribal, Shorebased IFQ Program Trawl Fishery, MS Coop Program
Whiting At-sea Trawl Fishery, and C/P Coop Program Whiting At-sea Trawl
Fishery. The amount of Pacific whiting allocated to these sectors is
based on the adjusted U.S. TAC.
We expect one tribal entity to fish for Pacific whiting in 2021.
Tribes are not considered small entities for the purposes of RFA.
Impacts to tribes are nevertheless considered in this analysis.
As of January 2021, the Shorebased IFQ Program is composed of 166
Quota Share permits/accounts (134 of which were allocated whiting quota
pounds), and 35 first receivers, one of which is designated as whiting-
only receivers and 11 that may receive both whiting and non-whiting.
These regulations also directly affect participants in the MS Co-op
Program, a general term to describe 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. Three MS/CV permits each have two catch history assignments,
and the remaining MS/CV permits each have one catch history assignment.
These regulations also directly affect the C/P Co-op Program,
composed of 10 C/P endorsed permits owned by three companies that have
formed a single coop. These co-ops are considered large entities from
several perspectives; they have participants that are large entities,
and have in total more than 750 employees worldwide including
affiliates.
Although there are three non-tribal sectors, many companies
participate in two sectors and some participate in all three sectors.
As part of the permit application processes for the non-tribal
fisheries, based on a review of the Small Business Administration size
criteria, permit applicants are asked if they considered themselves a
``small'' business, and they are asked 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 the West Coast and may have operations in other countries as
well. NMFS has limited entry permit holders self-report size status.
For 2021, all 10 CP permits, 3 MS permits and 8 mothership catcher
vessels reported they are not small businesses. 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
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'' businesses.
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 entire allocation, there are opportunities during the
year to reapportion unharvested tribal amounts to the non-tribal
fleets. For example, in 2020 NMFS reapportioned 40,000 mt of the
original 74,342 mt tribal allocation. 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 2020 following the
reapportionment were: Tribal 34,342 mt, C/P Co-op 132,249 mt; MS Co-op
93,352 mt; and Shorebased IFQ Program 163,367 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
have been subsequent harvests and ex-vessel revenues. For the years
2016 to 2020, the total Pacific whiting fishery (tribal and non-tribal)
harvested on average 303,782 mt annually. The 2020 U.S. non-tribal
fishery had a Pacific whiting catch of approximately 287,400 mt, and
the tribal fishery landed less than 200 mt.
Impacts to the U.S. non-tribal fishery are measured with an
estimate of ex-vessel revenue. The NMFS proposed adjusted coastwide TAC
of 500,000 mt would result in an adjusted U.S. TAC of 369,400 mt and
U.S. non-tribal harvest guideline of 304,005 mt. Using the 2020
weighted-average non-tribal Oregon shoreside price per metric ton (e.g.
$154 per metric ton), and assuming full utilization, the TAC of 500,000
mt is estimated to result in a projected ex-vessel revenue of $46.9
million for the U.S. non-tribal fishing fleet. The low and high range
of the coastwide TAC NMFS considered (475,000 mt and
[[Page 32808]]
565,191 mt, respectively) is estimated to result in a projected ex-
vessel revenue range of $44.5 million to $53 million, respectively,
assuming full utilization of the TAC.
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 2020 average non-tribal Oregon shoreside
ex-vessel price of Pacific whiting, which was $154 per metric ton. At
that price, the 2020 tribal allocation of 64,645 mt would have an ex-
vessel value of $10 million.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
There are no reporting, recordkeeping or other compliance
requirements in the final rule. No Federal rules have been identified
that duplicate, overlap, or conflict with this action.
Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statutes
This action determines the 2021 adjusted coastwide TAC of 500,000
mt, with a corresponding adjusted U.S. TAC of 369,400 mt. NMFS
considered a ``No Action'' alternative as well as a range of
alternatives for setting the Pacific whiting coastwide TAC. NMFS
considered setting the coastwide TAC between 475,000 mt to 565,191 mt.
A coastwide TAC at the bottom of the range (475,000 mt) may provide
less economic opportunity for 2021 as compared to a coastwide TAC of
500,000 mt. A higher coastwide TAC of 565,191 mt may offer an increased
economic opportunity for 2021 as compared to a coastwide TAC of 500,000
mt. However, the 2021 stock assessment projections indicate this higher
catch levels may result in near-term stock biomass declines below
target levels. This is contrary to the Pacific Whiting Act and
Agreement, which requires sustainable management of the Pacific whiting
resource. Under the no action alternative, NMFS would not set a
coastwide TAC, which would not fulfill NMFS' responsibility to manage
the U.S. fishery. Therefore this alternative received no further
consideration.
NMFS considered two alternatives for the Pacific whiting tribal
allocation: the ``No Action'' and the ``Proposed Action.'' NMFS did not
consider a broader range of alternatives to the proposed tribal
allocation because the tribal allocation is a percent of the adjusted
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 them 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 64,645 mt for 2021.
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 2021, 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 2021, this alternative received no further
consideration.
Regulatory Flexibility Act (RFA) Determination of No Significant Impact
NMFS determined this rule does not adversely affect small entities.
The reapportioning process allows unharvested tribal allocations of
Pacific whiting, fished by small entities, to be fished by the non-
tribal fleets, benefitting both large and small entities.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. A small
entity compliance guide will be sent to stakeholders, and copies of the
final rule and guides (i.e., information bulletins) are available from
NMFS at the following website: <a href="https://www.fisheries.noaa.gov/species/pacific-whiting#management">https://www.fisheries.noaa.gov/species/pacific-whiting#management</a>.
Consultation and Coordination With Indian Tribal Governments
Pursuant to Executive Order 13175, this final 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 new 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
660.324(d) further state, 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 final rule have been developed following
these procedures.
With this final rule, NMFS, acting on behalf of the Secretary,
determined that the FMP is implemented in a manner consistent with
treaty rights of 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. Wash. 1974).
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: June 17, 2021.
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 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.
[[Page 32809]]
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 2021 is 64,645 mt.
* * * * *
0
3. Revise Table 1a to part 660, subpart C, to read as follows:
Table 1a to Part 660, Subpart C--2021, Specifications of OFL, ABC, ACL, ACT and Fishery HG (Weights in Metric
Tons) Capitalized Stocks Are Rebuilding
----------------------------------------------------------------------------------------------------------------
Fishery HG b/
Stocks Area OFL ABC ACL a/
----------------------------------------------------------------------------------------------------------------
Yelloweye Rockfish c/......... Coastwide....... 97 83 50 41.2
Arrowtooth Flounder d/........ Coastwide....... 13,551 9,933 9,933 7,837.9
Big Skate e/.................. Coastwide....... 1,690 1,477 1,477 1,419.7
Black Rockfish f/............. California (S of 379 348 348 345.7
42[deg] N lat).
Black Rockfish g/............. Washington (N of 319 293 293 274.9
46[deg]16' N
lat).
Bocaccio h/................... S of 40[deg]10' 1,887 1,748 1,748 1,700.2
N lat.
Cabezon i/.................... California (S of 225 210 210 208.7
42[deg] N lat).
California Scorpionfish j/.... S of 34[deg]27' 319 291 291 287.1
N lat.
Canary Rockfish k/............ Coastwide....... 1,459 1,338 1,338 1,268.6
Chilipepper l/................ S of 40[deg]10' 2,571 2,358 2,358 2,260.3
N lat.
Cowcod m/..................... S of 40[deg]10' 114 84 84 72.8
N lat.
Cowcod.................... (Conception).... 95 72 NA NA
Cowcod.................... (Monterey)...... 19 11 NA NA
Darkblotched Rockfish n/...... Coastwide....... 953 882 882 862.9
Dover Sole o/................. Coastwide....... 93,547 84,192 50,000 48,402.8
English Sole p/............... Coastwide....... 11,107 9,175 9,175 8,924.37
Lingcod q/.................... N of 40[deg]10' 5,816 5,386 5,369 5,090.6
N lat.
Lingcod r/.................... S of 40[deg]10' 1,255 1,162 1,102 1,089
N lat.
Longnose Skate s/............. Coastwide....... 2,086 1,823 1,823 1,571.6
Longspine Thornyhead t/....... N of 34[deg]27' 5,097 3,466 2,634 2,580.3
N lat.
Longspine Thornyhead u/....... S of 34[deg]27' .............. .............. 832 829.8
N lat.
Pacific Cod v/................ Coastwide....... 3,200 1,926 1,600 1,093.9
Pacific Ocean Perch w/........ N of 40[deg]10' 4,497 3,854 3,854 3,829.3
N lat.
Pacific Whiting x/............ Coastwide....... 565,191 (x/) (x/) 304,005
Petrale Sole y/............... Coastwide....... 4,402 4,115 4,115 3,727.5
Sablefish z/.................. N of 36[deg] N 9,402 8,791 6,892 See Table 1c
lat.
Sablefish aa/................. S of 36[deg] N .............. .............. 1,899 1,871.6
lat.
Shortspine Thornyhead bb/..... N of 34[deg]27' 3,211 2,183 1,428 1,349.6
N lat.
Shortspine Thornyhead cc/..... S of 34[deg]27' .............. .............. 756 749.3
N lat.
Spiny Dogfish dd/............. Coastwide....... 2,479 1,621 1,621 1,277
Splitnose ee/................. S of 40[deg]10' 1,868 1,666 1,666 1,647.6
N lat.
Starry Flounder ff/........... Coastwide....... 652 392 392 343.6
Widow Rockfish gg/............ Coastwide....... 15,749 14,725 14,725 14,476.7
Yellowtail Rockfish hh/....... N of 40[deg]10' 6,534 6,050 6,050 5,012.5
N lat.
----------------------------------------------------------------------------------------------------------------
Stock Complexes
----------------------------------------------------------------------------------------------------------------
Blue/Deacon/Black Rockfish ii/ Oregon.......... 676 603 603 600.7
Cabezon/Kelp Greenling jj/.... Oregon.......... 215 198 198 197.8
Cabezon/Kelp Greenling kk/.... Washington...... 25 20 20 18.0
Nearshore Rockfish North ll/.. N of 40[deg]10' 94 79 79 75.9
N lat.
Nearshore Rockfish South mm/.. S of 40[deg]10' 1,232 1,016 1,016 1,011.6
N lat.
Other Fish nn/................ Coastwide....... 286 223 223 201.7
Other Flatfish oo/............ Coastwide....... 7,714 4,802 4,802 4,581.1
Shelf Rockfish North pp/...... N of 40[deg]10' 1,888 1,511 1,511 1,438.7
N lat.
Shelf Rockfish South qq/...... S of 40[deg]10' 1,842 1,439 1,438 1,305.2
N lat.
Slope Rockfish North rr/...... N of 40[deg]10' 1,862 1,595 1,595 1,529.1
N lat.
Slope Rockfish South ss/...... S of 40[deg]10' 873 709 709 670.1
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.
c/ Yelloweye rockfish. The 50 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. 8.85 mt is deducted from the ACL to accommodate the Tribal fishery
(5 mt), EFP catch (0.24 mt), research (2.92 mt), and the incidental open access fishery (0.69 mt) resulting in
a fishery HG of 41.2 mt. The non-trawl HG is 37.9 mt. The combined non-nearshore/nearshore HG is 7.9 mt.
Recreational HGs are: 9.7 mt (Washington); 8.8 mt (Oregon); and 11.4 mt (California). In addition, the non-
trawl ACT is 29.5, and the combined non-nearshore/nearshore ACT is 6.2 mt. Recreational ACTs are: 7.5 mt
(Washington), 6.9 (Oregon), and 8.9 mt (California).
d/ Arrowtooth flounder. 2,095.08 mt is deducted from the ACL to accommodate the Tribal fishery (2,041 mt), EFP
fishing (0.1 mt), research (12.98 mt) and incidental open access (41 mt), resulting in a fishery HG of 7,837.9
mt.
e/ Big skate. 57.31 mt is deducted from the ACL to accommodate the Tribal fishery (15 mt), EFP fishing (0.1 mt),
and research catch (5.49 mt), and incidental open access (36.72 mt), resulting in a fishery HG of 1,419.7 mt.
f/ Black rockfish (California). 2.26 mt is deducted from the ACL to accommodate EFP fishing (1.0 mt), research
(0.08 mt), and incidental open access (1.18 mt), resulting in a fishery HG of 345.7 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 274.9 mt.
[[Page 32810]]
h/ Bocaccio south of 40[deg]10' N lat. 47.82 mt is deducted from the ACL to accommodate EFP catch (40 mt),
research (5.6 mt), and incidental open access (2.22 mt), resulting in a fishery HG of 1,700.2 mt. The combined
non-nearshore and nearshore HG is 320.2 mt. The California recreational fishery HG is 716.2 mt.
i/ Cabezon (California). 1.28 mt is deducted from the ACL to accommodate EFP (1 mt), research (0.02 mt), and
incidental open access fishery (0.26 mt), resulting in a fishery HG of 208.7 mt.
j/ California scorpionfish south of 34[deg]27' N lat. 3.89 mt is deducted from the ACL to accommodate research
(0.18 mt) and the incidental open access fishery (3.71 mt), resulting in a fishery HG of 287.1 mt.
k/ Canary rockfish. 69.39 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), EFP catch (8
mt), and research catch (10.08 mt), and the incidental open access fishery (1.31 mt), resulting in a fishery
HG of 1,268.6 mt. The combined nearshore/non-nearshore HG is 126.6 mt. Recreational HGs are: 43.3 mt
(Washington); 65.1 mt (Oregon); and 116.7 mt (California).
l/ Chilipepper rockfish south of 40[deg]10' N lat. 97.7 mt is deducted from the ACL to accommodate EFP fishing
(70 mt), research (14.04 mt), the incidental open access fishery (13.66 mt), resulting in a fishery HG of
2,260.3 mt.
m/ Cowcod south of 40[deg]10' N lat. 11.17 mt is deducted from the ACL to accommodate EFP fishing (1.0 mt),
research (10 mt), and incidental open access (0.17 mt), resulting in a fishery harvest guideline of 72.8 mt. A
single ACT of 50 mt is being set for the Conception and Monterey areas combined.
n/ Darkblotched rockfish. 19.06 mt is deducted from the ACL to accommodate the Tribal fishery (0.2 mt), EFP
catch (0.6 mt), and research catch (8.46 mt), and the incidental open access fishery (9.8 mt) resulting in a
fishery HG of 862.9 mt.
o/ Dover sole. 1,597.21 mt is deducted from the ACL to accommodate the Tribal fishery (1,497 mt), EFP fishing
(0.1 mt), research (50.84 mt), and incidental open access (49.27 mt), resulting in a fishery HG of 48,402.8
mt.
p/ English sole. 250.63 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), EFP fishing (0.1
mt), research (8.01 mt), and the incidental open access fishery (42.52 mt), resulting in a fishery HG of
8,924.37 mt.
q/ Lingcod north of 40[deg]10' N lat. 278.38 mt is deducted from the ACL for the Tribal fishery (250 mt), EFP
catch (0.1 mt), research (16.6 mt), and the incidental open access fishery (11.68 mt) resulting in a fishery
HG of 5,090.6 mt.
r/ Lingcod south of 40[deg]10' N lat. 13 mt is deducted from the ACL to accommodate EFP catch (1.5 mt), research
(3.19 mt), and incidental open access fishery (8.31 mt), resulting in a fishery HG of 1,089 mt.
s/ Longnose skate. 251.40 mt is deducted from the ACL to accommodate the Tribal fishery (220 mt), EFP catch (0.1
mt), and research catch (12.46 mt), and incidental open access fishery (18.84 mt), resulting in a fishery HG
of 1,571.6 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 the incidental open access fishery (6.22 mt), resulting in a
fishery HG of 2,580.3 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 the incidental open access fishery (0.8 mt), resulting in a fishery HG of 829.6 mt.
v/ Pacific cod. 506.1 mt is deducted from the ACL to accommodate the Tribal fishery (500 mt), EFP fishing (0.1
mt), research catch (5.47 mt), and the incidental open access fishery (0.53 mt), resulting in a fishery HG of
1,093.9 mt.
w/ Pacific ocean perch north of 40[deg]10' N lat. 24.73 mt is deducted from the ACL to accommodate the Tribal
fishery (9.2 mt), EFP fishing (0.1 mt), research catch (5.39 mt), and the incidental open access fishery
(10.04 mt), resulting in a fishery HG of 3,829.3 mt.
x/ Pacific whiting. The 2021 OFL of 565,191 mt is based on the 2021 assessment with an F40 percent of FMSY
proxy. The 2021 coastwide adjusted Total Allowable Catch (TAC) is 500,000 mt. The U.S. TAC is 73.88 percent of
the coastwide TAC. The 2021 adjusted U.S. TAC is 369,400 mt (314,320 mt unadjusted TAC + 55,080 mt carryover
adjustment). From the adjusted U.S. TAC, 64,645 mt is deducted to accommodate the Tribal fishery, and 750 mt
is deducted to accommodate research and bycatch in other fisheries, resulting in a 2021 fishery HG of 304,005
mt. The TAC for Pacific whiting is established under the provisions of the Agreement with Canada on Pacific
Hake/Whiting 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. 387.54 mt is deducted from the ACL to accommodate the Tribal fishery (350 mt), EFP catch (0.1
mt), research (24.14 mt), and the incidental open access fishery (13.3 mt), resulting in a fishery HG of
3,727.5 mt.
z/ Sablefish north of 36[deg] N lat. This coastwide ACL value is not specified in regulations. The coastwide ACL
value is apportioned north and south of 36[deg] N lat., using a rolling 5-year average estimated swept area
biomass from the NMFS NWFSC trawl survey, with 78.4 percent apportioned north of 36[deg] N lat. and 21.6
percent apportioned south of 36[deg] N lat. The northern ACL is 6,892 mt and is reduced by 689.2 mt for the
Tribal allocation (10 percent of the ACL north of 36[deg] N lat.). The 689.2 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 1,899 mt (21.6 percent of
the calculated coastwide ACL value). 27.4 mt is deducted from the ACL to accommodate research (2.40 mt) and
the incidental open access fishery (25 mt), resulting in a fishery HG of 1,871.6 mt.
bb/ Shortspine thornyhead north of 34[deg]27' N lat. 78.4 mt is deducted from the ACL to accommodate the Tribal
fishery (50 mt), EFP catch (0.1 mt), and research catch (10.48 mt), and the incidental open access fishery
(17.82 mt), resulting in a fishery HG of 1,349.6 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 the incidental open access fishery (6 mt), resulting in a fishery HG of 749.3 mt for the
area south of 34[deg]27' N lat.
dd/ Spiny dogfish. 344 mt is deducted from the ACL to accommodate the Tribal fishery (275 mt), EFP catch (1.1
mt), research (34.27 mt), and the incidental open access fishery (33.63 mt), resulting in a fishery HG of
1,277 mt.
ee/ Splitnose rockfish south of 40[deg]10' N lat. 18.42 mt is deducted from the ACL to accommodate EFP catch
(1.5 mt), research (11.17 mt), and the incidental open access fishery (5.75 mt), resulting in a fishery HG of
1,647.6 mt.
ff/ Starry flounder. 48.38 mt is deducted from the ACL to accommodate the Tribal fishery (2 mt), EFP catch (0.1
mt), research (0.57 mt), and the incidental open access fishery (45.71 mt), resulting in a fishery HG of 343.6
mt.
gg/ Widow rockfish. 248.32 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), EFP catch (28
mt), research (17.27 mt), and the incidental open access fishery (3.05 mt), resulting in a fishery HG of
14,476.7 mt.
hh/ Yellowtail rockfish north of 40[deg]10' N lat. 1,047.55 mt is deducted from the ACL to accommodate the
Tribal fishery (1,000 mt), EFP catch (10 mt), research (20.55 mt), and the incidental open access fishery (7
mt), resulting in a fishery HG of 5,012.5 mt.
ii/ Black rockfish/Blue rockfish/Deacon rockfish (Oregon). 2.32 mt is deducted from the ACL to accommodate the
EFP catch (0.5 mt), research (0.08 mt), and the incidental open access fishery (1.74 mt), resulting in a
fishery HG of 600.7 mt.
jj/ Cabezon/kelp greenling (Oregon). 0.21 mt is deducted from the ACL to accommodate EFP catch (0.1 mt),
research (0.05 mt), and the incidental open access fishery (0.06 mt), resulting in a fishery HG of 197.8 mt.
kk/ Cabezon/kelp greenling (Washington). 2 mt is deducted from the ACL to accommodate the Tribal fishery,
therefore the fishery HG is 18 mt.
ll/ Nearshore Rockfish north of 40[deg]10' N lat. 3.08 mt is deducted from the ACL to accommodate the Tribal
fishery (1.5 mt), EFP catch (0.5 mt), research (0.47 mt), and the incidental open access fishery (0.61 mt),
resulting in a fishery HG of 75.9 mt. State specific HGs are Washington (18.4 mt), Oregon (22.7 mt), and
California (37.6 mt).
mm/ Nearshore Rockfish south of 40[deg]10' N lat. 4.42 mt is deducted from the ACL to accommodate research catch
(2.68 mt) and the incidental open access fishery (2.68 mt), resulting in a fishery HG of 1,011.6 mt.
nn/ Other Fish. The Other Fish complex is comprised of kelp greenling off California and leopard shark
coastwide. 21.34 mt is deducted from the ACL to accommodate EFP catch (0.1 mt), research (6.29 mt), and the
incidental open access fishery (14.95 mt), resulting in a fishery HG of 201.7 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. 220.89 mt is deducted from the ACL to accommodate the Tribal fishery (60 mt), EFP catch (0.1 mt),
research (23.63 mt), and the incidental open access fishery (137.16 mt), resulting in a fishery HG of 4,581.1
mt.
[[Page 32811]]
pp/ Shelf Rockfish north of 40[deg]10' N lat. 72.44 mt is deducted from the ACL to accommodate the Tribal
fishery (30 mt), EFP catch (1.5 mt), research (15.32 mt), and the incidental open access fishery (25.62 mt),
resulting in a fishery HG of 1,438.66 mt.
qq/ Shelf Rockfish south of 40[deg]10' N lat. 132.77 mt is deducted from the ACL to accommodate EFP catch (50
mt), research catch (15.1 mt), and the incidental open access fishery (67.67 mt) resulting in a fishery HG of
1,305.2 mt.
rr/ Slope Rockfish north of 40[deg]10' N lat. 65.89 mt is deducted from the ACL to accommodate the Tribal
fishery (36 mt), EFP catch (0.5 mt), and research (10.51 mt), and the incidental open access fishery (18.88
mt), resulting in a fishery HG of 1,529.1 mt.
ss/ Slope Rockfish south of 40[deg]10' N lat. 38.94 mt is deducted from the ACL to accommodate EFP catch (1 mt),
and research (18.21 mt), and the incidental open access fishery (19.73 mt), resulting in a fishery HG of 670.1
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 ACL. Harvest of blackgill rockfish in all groundfish fisheries
south of 40[deg]10' N lat. counts against this HG of 176.5 mt.
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4. Revise Table 1b to part 660, subpart C, to read as follows:
Table 1b to Part 660, Subpart C--2021, Allocations by Species or Species Group
[Weight in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Fishery HG or Trawl Non-Trawl
Stocks/stock complexes Area ACT a/b/ ---------------------------------------------------------------
% Mt % Mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
Yelloweye Rockfish a/..................... Coastwide................... 41.2 8 3.3 92 37.9
Arrowtooth flounder....................... Coastwide................... 7,837.9 95 7,446 5 391.9
Big skate a/.............................. Coastwide................... 1,419.7 95 1,348.7 5 71
Bocaccio a/............................... S of 40[deg]10' N lat....... 1,700.2 39 663.8 60 1,036.4
Canary rockfish a/........................ Coastwide................... 1,268.6 72 917 28 351.6
Chilipepper rockfish...................... S of 40[deg]10' N lat....... 2,260.3 75 1,695.2 25 565.1
Cowcod a/................................. S of 40[deg]10' N lat....... 50 36 18 64 32
Darkblotched rockfish..................... Coastwide................... 862.9 95 819.8 5 43.1
Dover sole................................ Coastwide................... 48,402.8 95 45,982.7 5 2,420.1
English sole.............................. Coastwide................... 8,924.4 95 8,478.2 5 446.2
Lingcod................................... N of 40'10[deg] N lat....... 5,090.6 45 2,290.8 55 2,799.8
Lingcod a/................................ S of 40'10[deg] N lat....... 1,089 40 435.6 60 653.4
Longnose skate a/......................... Coastwide................... 1,571.6 90 1,414.4 10 157.2
Longspine thornyhead...................... N of 34[deg]27' N lat....... 2,580.3 95 2,451.3 5 129
Pacific cod............................... Coastwide................... 1,093.9 95 1,039.2 5 54.7
Pacific ocean perch....................... N of 40[deg]10' N lat....... 3,829.3 95 3,637.8 5 191.5
Pacific whiting c/........................ Coastwide................... 304,005 100 304,005 0 0
Petrale sole a/........................... Coastwide................... 3,727.9 .............. 3,697.9 .............. 30
---------------------------------------------------------------
Sablefish................................. N of 36[deg] N lat.......... NA See Table 1c
---------------------------------------------------------------
Sablefish................................. S of 36[deg] N lat.......... 1,861.6 42 782.3 58 1,080.3
Shortspine thornyhead..................... N of 34[deg]27' N lat....... 1,349.6 95 1,282.1 5 67.5
Shortspine thornyhead..................... S of 34[deg]27' N lat....... 749.3 .............. 50 .............. 699.3
Splitnose rockfish........................ S of 40[deg]10' N lat....... 1,647.6 95 1,565.2 5 82.4
Starry flounder........................... Coastwide................... 343.6 50 171.8 50 171.8
Widow rockfish a/......................... Coastwide................... 14,476.7 .............. 14,076.7 .............. 400
Yellowtail rockfish....................... N of 40[deg]10' N lat....... 5,012.5 88 4,411.0 12 601.5
Other Flatfish............................ Coastwide................... 4581.1 90 4,123 10 458.1
Shelf Rockfish a/......................... N of 40[deg]10' N lat....... 1,438.7 60.2 866.1 39.8 572.6
Shelf Rockfish a/......................... S of 40[deg]10' N lat....... 1,305.2 12.2 159.2 87.8 1,146
Slope Rockfish............................ N of 40[deg]10' N lat....... 1,529.1 81 1,238.6 19 290.5
Slope Rockfish a/......................... S of 40[deg]10' N lat....... 670.1 .............. 526.4 .............. 143.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
a/ Allocations decided through the biennial specification process.
b/ The cowcod fishery harvest guideline is further reduced to an ACT of 50 mt. The non-trawl allocation is further split 50:50 between the commercial
and recreational sectors.
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 Coop Program; 24 percent for the MS Coop 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.
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:
[[Page 32812]]
Table 1 to Paragraph (d)(1)(ii)(D)
----------------------------------------------------------------------------------------------------------------
2021 Shorebased 2022 Shorebased
IFQ species Area trawl allocation trawl allocation
(mt) (mt)
----------------------------------------------------------------------------------------------------------------
Yelloweye Rockfish......................... Coastwide.................... 3.3 3.4
Arrowtooth flounder........................ Coastwide.................... 7,376.02 5974.77
Bocaccio................................... South of 40[deg]10' N lat.... 663.75 654.38
Canary rockfish............................ Coastwide.................... 880.96 858.56
Chilipepper................................ South of 40[deg]10' N lat.... 1,695.2 1,621
Cowcod..................................... South of 40[deg]10' N lat.... 18 18
Darkblotched rockfish...................... Coastwide.................... 743.39 694.94
Dover sole................................. Coastwide.................... 45,972.65 45,972.65
English sole............................... Coastwide.................... 8,478.2 8,407.9
Lingcod.................................... North of 40[deg]10' N lat.... 2,275.78 2,090.83
Lingcod.................................... South of 40[deg]10' N lat.... 435.6 463.6
Longspine thornyhead....................... North of 34[deg]27' N lat.... 2,451.28 2,278.38
Pacific cod................................ Coastwide.................... 1,039.21 1,039.21
Pacific halibut (IBQ)...................... North of 40[deg]10' N lat.... 69.6 69.6
Pacific ocean perch........................ North of 40[deg]10' N lat.... 3,337.74 3,201.94
Pacific whiting............................ Coastwide.................... 127,682 TBD
Petrale sole............................... Coastwide.................... 3,692.9 3,237.5
Sablefish.................................. North of 36[deg] N lat....... 3,139.59 2,985.42
Sablefish.................................. South of 36[deg] N lat....... 786 748
Shortspine thornyhead...................... North of 34[deg]27' N lat.... 1,212.12 1,178.87
Shortspine thornyhead...................... South of 34[deg]27' N lat.... 50 50
Splitnose rockfish......................... South of 40[deg]10' N lat.... 1,565.20 1,531.00
Starry flounder............................ Coastwide.................... 171.8 171.8
Widow rockfish............................. Coastwide.................... 13,600.68 12,663.68
Yellowtail rockfish........................ North of 40[deg]10' N lat.... 4,091.13 3,898.4
Other Flatfish complex..................... Coastwide.................... 4,088.00 4,120.40
Shelf Rockfish complex..................... North of 40[deg]10' N lat.... 831.07 794.56
Shelf Rockfish complex..................... South of 40[deg]10' N lat.... 159.24 158.02
Slope Rockfish complex..................... North of 40[deg]10' N lat.... 938.58 916.71
Slope Rockfish complex..................... South of 40[deg]10' N lat.... 526.4 523.9
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2021-13150 Filed 6-21-21; 11:15 am]
BILLING CODE 3510-22-P
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