Rule2023-11466
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2023 Harvest Specifications for Pacific Whiting, and 2023 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
May 31, 2023
Effective
May 31, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This rule implements the domestic 2023 harvest specifications for Pacific whiting including the 2023 tribal allocation for the Pacific whiting fishery, the non-tribal sector allocations, and a set- aside for incidental mortality in research activities and non- groundfish fisheries. NMFS issues this final rule for the 2023 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, and other applicable laws. These 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.
Full Text
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<title>Federal Register, Volume 88 Issue 104 (Wednesday, May 31, 2023)</title>
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[Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Rules and Regulations]
[Pages 34783-34791]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11466]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 230523-0136]
RIN 0648-BM07
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2023 Harvest Specifications for
Pacific Whiting, and 2023 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: This rule implements the domestic 2023 harvest specifications
for Pacific whiting including the 2023 tribal allocation for the
Pacific whiting fishery, the non-tribal sector allocations, and a set-
aside for incidental mortality in research activities and non-
groundfish fisheries. NMFS issues this final rule for the 2023 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, and other applicable
laws. These 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: Effective May 31, 2023.
ADDRESSES:
Electronic Access
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
(Council's) website at <a href="http://www.pcouncil.org/">http://www.pcouncil.org/</a>.
FOR FURTHER INFORMATION CONTACT: Colin Sayre, phone: 206-526-4656, and
email: <a href="/cdn-cgi/l/email-protection#f6b5999a9f98d8a5978f8493b698999797d8919980"><span class="__cf_email__" data-cfemail="da99b5b6b3b4f489bba3a8bf9ab4b5bbbbf4bdb5ac">[email protected]</span></a>.
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 (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. NMFS
issued a proposed rule on April 06, 2023 (88 FR 20457), 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,
including adjusting the TAC for carryovers from the prior year. The
proposed rule also proposed allocating 17.5 percent of the U.S. TAC of
Pacific whiting for 2023 to Pacific Coast Indian tribes that have a
treaty right to harvest groundfish, and implementing a set-aside (750
metric tons (mt)) for Pacific whiting for research and incidental
mortality in other fisheries.
2023 TAC Recommendation
The Treaty's Advisory Panel (AP) and JMC met in Vancouver, British
Columbia, Canada February 28-March 1, 2023, to develop advice on a 2023
coastwide TAC. The AP provided its 2023 TAC recommendation to the JMC
on March 1, 2023. The JMC reviewed the advice of the AP, as well the
Treaty's Joint Technical Committee, and Science Review Group, 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 2023 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, the JMC noted aging of the 2010,
2014, and 2016 year classes and wished to extend access to these stocks
as long as possible, which a lower TAC would accomplish by lowering the
rate of removal of these year-classes. Second, there is uncertainty
regarding the current size of the apparent large 2020 year class
because there has not yet been a post-recruitment observation of this
cohort
[[Page 34784]]
by an acoustic survey. The JMC recommended a moderate increase in the
TAC, rather than a large increase up to the full F-40 percent harvest
rate until a more certain estimate of the year class's size is
available after one more year of fishing data, and conclusion of the
2023 acoustic survey.
This conservative TAC setting process, endorsed by the AP, resulted
in a TAC that is less than what it would be using the default harvest
rate under the Agreement.
The JMC agreed on a recommended and adjusted coastwide TAC of
625,000 mt, of Pacific whiting, which resulted in a U.S. TAC of 461,750
mt (73.88 percent of 625,000 mt). This recommendation is consistent
with the best available scientific information, provisions of the
Agreement, and the Pacific Whiting Act of 2006 (Whiting Act). The
recommendation was transmitted via letter to the United States and
Canadian Governments on March 2, 2023. Consistent with the Agreement,
the Department of Commerce consulted with the Department of State on
the recommended TAC. In a written communication to the NMFS West Coast
Region on March 17, 2023, the State Department concurred with the NMFS
recommendation to accept the JMC recommended adjusted TAC for 2023.
NMFS, under delegation of authority from the Secretary of Commerce,
approved the adjusted TAC recommendation of 461,750 mt for U.S.
fisheries on March 23, 2023.
This final rule announces the adjusted coastwide TAC of 625,000 mt
and adjusted U.S. TAC of 461,750 mt, and implements the domestic 2023
Pacific whiting harvest specifications, including, the 2023 tribal
allocation of 80,806 mt, the preliminary allocations for three non-
tribal commercial whiting sectors, and a set-aside for incidental
mortality in research activities and non-groundfish) fisheries (e.g.,
pink shrimp fishery). The tribal and non-tribal allocations for Pacific
whiting, as well as the set-aside, are effective until December 31,
2023.
Tribal Allocations
This final rule establishes the tribal allocation of Pacific
whiting for 2023 as described in the proposed rule (88 FR 20457). 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 2023
tribal allocation as 80,806 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 80,806 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. 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.
Non-Tribal Research and Bycatch Set-Aside
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 of Pacific whiting to accommodate incidental mortality of the
fish in research activities and non-groundfish fisheries based on
estimates of scientific research catch and estimated bycatch mortality
in non-groundfish fisheries. At its November 2022 meeting, the Council
recommended an incidental mortality set-aside of 750 mt for 2023. This
set-aside is unchanged from the 750 mt set-aside amount for incidental
mortality in 2023. Consistent with section 303(c)(2) of the Magnuson-
Stevens Fishery Management and Conservation Act (Magnuson-Stevens Act),
on November 16, 2022, the Council deemed the proposed regulations for
the research and incidental mortality set-aside to be necessary and
appropriate to implement the FMP. This final rule will implement the
Council's recommendations.
Non-Tribal Harvest Guidelines and Allocations
This final rule implements the fishery harvest guideline (HG), also
called the non-tribal allocation as described in the proposed rule
published on April 06, 2023 (88 FR 20457). The 2023 fishery HG for
Pacific whiting is 380,194 mt. This amount was determined by deducting
the 80,806 mt tribal allocation and the 750 mt allocation for
scientific research catch and fishing mortality in non-groundfish
fisheries from the adjusted U.S. TAC of 461,750 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 (129,265 mt for 2023), the MS Co-op Program is allocated 24
percent (91,246 mt for 2023), and the Shorebased IFQ Program is
allocated 42 percent (159,681 mt for 2023). The fishery south of
42[deg] N lat. may not take more than 7,984 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 1--2023 U.S. Pacific Whiting Allocations in Metric Tons
------------------------------------------------------------------------
2023 Pacific
whiting
Sector allocation
(mt)
------------------------------------------------------------------------
Tribal.................................................. 80,806
Catcher/Processor (C/P) Co-op Program................... 129,266
Mothership (MS) Co-op Program........................... 91,247
Shorebased IFQ Program.................................. 159,681
------------------------------------------------------------------------
This rule would be implemented under the statutory and regulatory
authority of sections 304(b) and 305(d) of the Magnuson-Stevens Act,
the Whiting Act, the regulations governing the groundfish fishery at 50
CFR 660.5 through 660.360, and other applicable laws. Additionally,
with this final rule, NMFS, will ensure that the fishery is managed 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.
1974).
Comments and Responses
NMFS issued a proposed rule on April 6, 2023 (88 FR 20457). The
comment period on the proposed rule closed April 21, 2023. No comments
were received during the public 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 proposed rule.
[[Page 34785]]
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 sections 304(b) and
305(d), and other provisions of the Magnuson-Stevens 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 would 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.
This rulemaking could not be completed prior to the May 1 start
date of the 2023 Pacific Whiting primary fishing season due to the
short time frame between the approval of the TAC recommendation and the
start of the fishing season. The AP and JMC met in Vancouver, British
Columbia, Canada on February 28-March 1, 2023, to develop advice on a
2023 coastwide TAC. At this meeting, the JMC agreed on a TAC
recommendation, which was transmitted to the United States and Canadian
Governments on March 2, 2023. The Department of Commerce consulted with
the Department of State on the recommended TAC, and concurred with the
NMFS West Coast Region on March 17, 2023 to accept the JMC recommended
adjusted TAC for 2023. NMFS, under delegation of authority from the
Secretary of Commerce, approved the TAC recommendation U.S. fisheries
on March 23, 2023. This rulemaking was proceeded once the JMC agreed on
a recommended coastwide TAC, and the Department of Commerce in
consultation with the Department of State reviewed and approved the
recommended U.S. TAC. The proposed rule published on April 6, 2023 and
the public comment period closed on April 21, 2023 (88 FR 20457). The
2023 Pacific whiting primary fishing season began shortly thereafter on
May 1, 2023.
In addition, because this rule increases catch limits for Pacific
whiting compared to the interim allocation the fishery is currently
operating under, it therefore finds good cause to waive the 30-day
delay in the date of effectiveness requirement. The Pacific whiting
fishery season began fishing on May 01, 2023 under interim allocations
based on the lowest coastwide TAC considered in the proposed rule. This
final rule implements a higher TAC for Pacific whiting than the interim
allocation provided prior to the season opening, and implementing the
rule upon publication provides the whiting fleet more opportunity and
greater flexibility to harvest the optimal yield. Timely implementation
of the full TAC will avoid the need to pause the Pacific whiting
fishery if the interim allocations are fully harvested. Additionally,
many vessels in the Pacific Whiting fishery also participate in the
Alaskan Pollock fishery. Issuing complete 2023 whiting allocations to
quota owners in a timely fashion ensures they can plan their
participation for the year in both the Pacific Whiting and Alaskan
Pollock fisheries.
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.
The Office of Management and Budget has determined that this final
rule is not significant for purposes of Executive Order 12866.
A range of potential total 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) and in the Amendment 30 to
the Pacific Coast Groundfish Fishery Management Plan, 2023-2024 Harvest
Specifications, and Management Measures Environmental Assessment (EA)
and Regulatory Impact Review (RIR) and is available from NMFS (see
ADDRESSES). 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 EA for the 2023-24 cycle tiers
from 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.
Final Regulatory Flexibility Analysis
NMFS issued a proposed rule on April 6, 2023 (88 FR 20457), for the
2023 Harvest Specifications for Pacific Whiting, and 2023 tribal
allocation for Pacific whiting. An Initial Regulatory Flexibility
Analysis (IRFA) was prepared and summarized in the Classification
section of the preamble to the proposed rule. The comment period on the
proposed rule closed April 21, 2023. NMFS did not receive any public
comments on the proposed rule. The Chief Counsel for Advocacy of the
Small Business Administration (SBA) did not file any comments on the
IRFA or the proposed rule. The description of this action, its purpose,
and its legal basis are described in the preamble to the 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.
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. 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 North American
Industry Classification
[[Page 34786]]
System (NAICS) code 311710 at 13 CFR 121.201). 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 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 announces the adjusted coastwide TAC and U.S. TAC
and allocates Pacific whiting 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 2023.
Tribes are not considered small entities for the purposes of RFA.
Impacts to tribes are nevertheless considered in this analysis.
As of January 2023, the Shorebased IFQ Program is composed of 164
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 (with three permits each having two catch history assignments).
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 2023, all 10 C/P permits reported 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 participation,
multiple Quota Share account holders, and affiliation through
ownership, NMFS estimates that there are 103 non-tribal entities
directly affected by these 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 2022 NMFS reapportioned 40,000 mt of the
original 70,463 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 2022 following the
reapportionment were: Tribal 30,463 mt, C/P Co-op 126,287 mt; MS Co-op
89,144 mt; and Shorebased IFQ Program 156,002 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 subsequent harvests and ex-vessel revenues. For the years 2016 to
2020, the total Pacific whiting fishery (tribal and non-tribal)
averaged harvests of approximately 303,782 mt annually. The 2022 U.S.
non-tribal fishery had a Pacific whiting catch of approximately 291,337
mt, and the tribal fishery landed less than 1,100 mt.
Impacts to the U.S. non-tribal fishery are measured with an
estimate of ex-vessel revenue. The adjusted coastwide TAC of 625,000 mt
would result in an adjusted U.S. TAC of 461,750 mt and, after deduction
of the tribal allocation and the incidental catch set-aside, a U.S.
non-tribal harvest guideline of 380,194 mt. Using the 2022 weighted-
average non-tribal price per metric ton (e.g., $233.5 per metric ton),
the TAC is estimated to result in an ex-vessel revenue of $88.8 million
for the U.S. non-tribal fishing fleet.
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 2022 average ex-vessel price of Pacific
whiting, which was $233.50 per mt. At that price, the 2023 tribal
allocation of 80,806.25 mt would have an ex-vessel value of $18.87
million.
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 the set-aside for research and
incidental mortality NMFS considered two alternatives: ``No Action''
and the ``Proposed Action.'' No other alternatives were considered by
the Council at their November 2022 meeting.
Under the no action alternative, NMFS would not implement
allocations to the non-tribal sectors based on the JMC recommended U.S.
TAC, which would not fulfill NMFS' responsibility to manage the U.S.
fishery. This is contrary to the Whiting Act and Agreement, which
requires sustainable management of the Pacific whiting
[[Page 34787]]
resource, therefore this alternative received no further consideration.
Under the no action alternative, NMFS would not implement the set-
aside amount of 750 mt recommended by the Council. Not implementing a
set-aside of the U.S. 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 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 received no further consideration.
NMFS did not consider a broader range of alternatives to the 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 them to exercise their treaty right to fish for Pacific whiting.
Under the Action alternative, NMFS will set the tribal allocation
percentage at 17.5 percent, as requested by the Tribes. This would
yield a tribal allocation of 80,806 mt for 2023. 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 2023, 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 2023, this alternative received no further
consideration.
Regulatory Flexibility Act Determination of No Significant Impact
NMFS determined this final rule would 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>.
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: May 23, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
660 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 2023 is 80,806 mt.
* * * * *
0
3. Revise table 1a to part 660, subpart C, to read as follows:
Table 1a to Part 660, Subpart C--2023, 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....... 123 103 66 55.3
Arrowtooth Flounder \d\....... Coastwide....... 26,391 18,632 18,632 16,537
Big Skate \e\................. Coastwide....... 1,541 1,320 1,320 1,260.2
Black Rockfish \f\............ California (S of 368 334 334 332.1
42[deg] N lat.).
Black Rockfish \g\............ Washington (N of 319 290 290 271.8
46[deg]16' N
lat.).
Bocaccio \h\.................. S of 40[deg]10' 2,009 1,842 1,842 1,793.9
N lat.
Cabezon \i\................... California (S of 197 182 182 180.4
42[deg] N lat.).
California Scorpionfish \j\... S of 34[deg]27' 290 262 262 258.4
N lat.
Canary Rockfish \k\........... Coastwide....... 1,413 1,284 1,284 1,215.1
Chilipepper \l\............... S of 40[deg]10' 2,401 2,183 2,183 2,085
N lat.
Cowcod \m\.................... S of 40[deg]10' 113 80 80 68.8
N lat.
Cowcod.................... (Conception).... 94 69 NA NA
Cowcod.................... (Monterey)...... 19 11 NA NA
Darkblotched Rockfish \n\..... Coastwide....... 856 785 785 761.2
Dover Sole \o\................ Coastwide....... 63,834 59,685 50,000 48,402.9
[[Page 34788]]
English Sole \p\.............. Coastwide....... 11,133 9,018 9,018 8,758.5
Lingcod \q\................... N of 40[deg]10' 5,010 4,378 4,378 4,098.4
N lat.
Lingcod \r\................... S of 40[deg]10' 846 739 726 710.5
N lat.
Longnose Skate \s\............ Coastwide....... 1,993 1,708 1,708 1,456.7
Longspine Thornyhead \t\...... N of 34[deg]27' 4,616 3,019 2,295 2,241.3
N lat.
Longspine Thornyhead \u\...... S of 34[deg]27' 725 722.8
N lat.
Pacific Cod \v\............... Coastwide....... 3,200 1,926 1,600 1,094
Pacific Ocean Perch \w\....... N of 40[deg]10' .............. .............. .............. ..............
N lat.
Pacific Whiting \x\........... Coastwide....... 778,008 (\X\) (\X\) 380,194
Petrale Sole \y\.............. Coastwide....... 3,763 3,485 3,485 3,098.8
Sablefish \z\................. Coastwide....... 11,577 10,825 .............. ..............
Sablefish \z\................. N of 36[deg] N .............. .............. 8,486 See Table 1c
lat.
Sablefish \aa\................ S of 36[deg] N .............. .............. 2,338 2,310.6
lat.
Shortspine Thornyhead......... Coastwide....... 3,177 2,078 .............. ..............
Shortspine Thornyhead \bb\.... N of 34[deg]27' .............. .............. 1,359 1,280.7
N lat.
Shortspine Thornyhead \cc\.... S of 34[deg]27' .............. .............. 719 712.3
N lat.
Spiny Dogfish \dd\............ Coastwide....... 1,911 1,456 1,456 1,104.5
Splitnose \ee\................ S of 40[deg]10' 1,803 1,592 1,592 1,573.4
N lat.
Starry Flounder \ff\.......... Coastwide....... 652 392 392 343.7
Widow Rockfish \gg\........... Coastwide....... 13,633 12,624 12,624 12,385.7
Yellowtail Rockfish \hh\...... N of 40[deg]10' 6,178 5,666 5,666 4,638.5
N lat.
----------------------------------------------------------------------------------------------------------------
Stock Complexes
----------------------------------------------------------------------------------------------------------------
Blue/Deacon/Black Rockfish Oregon.......... 679 597 597 595.2
\ii\.
Cabezon/Kelp Greenling \jj\... Washington...... 202 185 185 184.2
Cabezon/Kelp Greenling \kk\... Oregon.......... 25 20 20 18.0
Nearshore Rockfish North \ll\. N of 40[deg]10' 110 93 93 89.7
N lat.
Nearshore Rockfish South \mm\. S of 40[deg]10' 1,089 897 887 882.5
N lat.
Other Fish \nn\............... Coastwide....... 286 223 223 201.8
Other Flatfish \oo\........... Coastwide....... 7,887 4,862 4,862 4,641
Shelf Rockfish North \pp\..... N of 40[deg]10' 1,614 1,283 1,283 1,212.1
N lat.
Shelf Rockfish South \qq\..... S of 40[deg]10' 1,835 1,469 1,469 1,336.2
N lat.
Slope Rockfish North \rr\..... N of 40[deg]10' 1,819 1,540 1,540 1,474.6
N lat.
Slope Rockfish South \ss\..... S of 40[deg]10' 870 701 701 662.1
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 66 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 55.3 mt. The non-trawl HG is 50.9 mt. The combined non-nearshore/nearshore HG is
10.7 mt. Recreational HGs are: 13.2 mt (Washington); 11.7 mt (Oregon); and 15.3 mt (California). In addition,
the non-trawl ACT is 39.9 mt, and the combined non-nearshore/nearshore ACT is 8.4 mt. Recreational ACTs are:
10.4 mt (Washington), 9.2 mt (Oregon), and 12.0 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 16,537
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 1,260.2 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 332.1 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 271.8 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 1,793.9 mt. The California recreational fishery south of 40[deg]10' N
lat. has an HG of 755.6 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 fishery mortality (0.61 mt), resulting in a fishery HG of 180.4 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 258.4 mt.
\k\ Canary rockfish. 68.91 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), EFP fishing (6
mt), and research catch (10.08 mt), and incidental open access mortality (2.83 mt), resulting in a fishery HG
of 1,215.1 mt. The combined nearshore/non-nearshore HG is 121.2 mt. Recreational HGs are: 41.4 mt
(Washington); 62.3 mt (Oregon); and 111.7 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 fishery mortality (13.66 mt), resulting in a fishery HG of 2,085 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 68.8 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 761.2 mt.
[[Page 34789]]
\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 8,758.5 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
4,098.4 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 710.5
mt.
\s\ Longnose skate. 251.3 mt is deducted from the ACL to accommodate the Tribal fishery (220 mt), research catch
(12.46 mt), and incidental open access mortality (18.84 mt), resulting in a fishery HG of 1,456.7 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 2,241.3 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 722.8 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), research catch (5.39 mt),
and incidental open access mortality (10.09 mt), resulting in a fishery HG of 3,427.5 mt.
\x\ Pacific hake/whiting. The 2023 OFL of 778,008 mt is based on the 2023 assessment with an F40 percent of FMSY
proxy. The 2023 coastwide adjusted Total Allowable Catch (TAC) is 625,000 mt. The U.S. TAC is 73.88 percent of
the coastwide TAC. The 2023 adjusted U.S. TAC is 461,750 mt. From the U.S. TAC, 80,806 mt is deducted to
accommodate the Tribal fishery, and 750 mt is deducted to accommodate research and bycatch in other fisheries,
resulting in a 2023 fishery HG of 380,194-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
3,098.8 mt.
\z\ Sablefish north of 36[deg] N lat. The sablefish coastwide ACL value is not specified in regulations. The
coastwide sablefish 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 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 8,486 mt and is
reduced by 849 mt for the Tribal allocation (10 percent of the ACL north of 36[deg] N lat.). The 849 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 2,338 mt (21.6 percent of
the calculated coastwide ACL value). 27.4 mt is deducted from the ACL to accommodate research catch (2.40 mt)
and incidental open access mortality (25 mt), resulting in a fishery HG of 2,310.6 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 1,280.7 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 712.3 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 1,104.5 mt.
\ee\ Splitnose rockfish 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 1,573.4 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 12,385.7 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 4,638.5 mt.
\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 595.2
mt.
\jj\ 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 184.2 mt.
\kk\ Cabezon/kelp greenling (Washington). 2 mt is deducted from the ACL to accommodate the Tribal fishery,
resulting in a fishery HG is 18 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 (1.3 mt), resulting in a
fishery HG of 89.7 mt. State specific HGs are Washington (17.7 mt), Oregon (32.0 mt), and California (39.6
mt). The ACT for copper rockfish (California) is 6.93 mt. The ACT for quillback rockfish (California) is 0.87
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 882.5 mt. The ACT
for copper rockfish is 84.61 mt. The ACT for quillback rockfish is 0.89 mt.
\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 4,641.2 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 1,212.1 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
1,336.2 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), and research catch (10.51 mt), and incidental open access mortality (18.88 mt), resulting in
a fishery HG of 1,474.6 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
662.1 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 172.4 mt.
[[Page 34790]]
0
4. Revise table 1b to part 660, subpart C, to read as follows:
Table 1b to Part 660, Subpart C--2023, and Beyond, Allocations by Species or Species Group
[Weight in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl Non-trawl
Stocks/stock complexes Area Fishery HG or ---------------------------------------------------------------
ACT \a\ \b\ % Mt % Mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH \a\.................... Coastwide................... 55.3 8 4.4 92 50.9
Arrowtooth flounder....................... Coastwide................... 16,537 95 15,710.2 5 826.9
Big skate \a\............................. Coastwide................... 1,260.2 95 1,197.2 5 63
Bocaccio \a\.............................. S of 40[deg]10' N lat....... 1,793.9 39 700.3 61 1,093.5
Canary rockfish \a\....................... Coastwide................... 1,215.1 72.3 878.5 27.7 336.6
Chilipepper rockfish...................... S of 40[deg]10' N lat....... 2,085 75 1,563.8 25 521.3
Cowcod \a\................................ S of 40[deg]10' N lat....... 68.8 36 24.8 64 44.1
Darkblotched rockfish..................... Coastwide................... 761.2 95 723.2 5 38.1
Dover sole................................ Coastwide................... 48,402.8 95 45,982.7 5 2,420.1
English sole.............................. Coastwide................... 8,758.5 95 8,320.6 5 437.9
Lingcod................................... N of 40'10[deg] N lat....... 4,098.4 45 1,844.3 55 2,254.1
Lingcod \a\............................... S of 40'10[deg] N lat....... 710.5 40 284.2 60 426.3
Longnose skate \a\........................ Coastwide................... 1,456.7 90 1,311 10 145.7
Longspine thornyhead...................... N of 34[deg]27' N lat....... 2,241.3 95 2,129.2 5 112.1
Pacific cod............................... Coastwide................... 1,094 95 1,039.3 5 54.7
Pacific ocean perch....................... N of 40[deg]10' N lat....... 3,427.5 95 3,256.1 5 171.4
Pacific whiting \c\....................... Coastwide................... 380,194 100 380,194 0 0
Petrale sole \a\.......................... Coastwide................... 3,098.8 .............. 3,068.8 .............. 30
---------------------------------------------------------------
Sablefish................................. N of 36[deg] N lat.......... NA See Table 1c
---------------------------------------------------------------
Sablefish................................. S of 36[deg] N lat.......... 2,310.6 42 970.5 58 1,340.1
Shortspine thornyhead..................... N of 34[deg]27' N lat....... 1,280.7 95 1,216.7 5 64
Shortspine thornyhead..................... S of 34[deg]27' N lat....... 712.3 .............. 50 .............. 662.3
Splitnose rockfish........................ S of 40[deg]10' N lat....... 1,572.4 95 1,494.7 5 78.7
Starry flounder........................... Coastwide................... 343.7 50 171.9 50 171.9
Widow rockfish \a\........................ Coastwide................... 12,385.7 .............. 11,985.7 .............. 400
Yellowtail rockfish....................... N of 40[deg]10' N lat....... 4,638.5 88 4,081.8 12 556.6
Other Flatfish............................ Coastwide................... 4,641.2 90 4,177.1 10 464.1
Shelf Rockfish \a\........................ N of 40[deg]10' N lat....... 1,212.1 60.2 729.7 39.8 482.4
Shelf Rockfish \a\........................ S of 40[deg]10' N lat....... 1,336.2 12.2 163 87.8 1,173.2
Slope Rockfish............................ N of 40[deg]10' N lat....... 1,474.6 81 1,194.4 19 280.2
Slope Rockfish \a\........................ S of 40[deg]10' N lat....... 662.1 63 417.1 37 245
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 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:
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
[[Page 34791]]
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) \a\................... 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 \a\......................... Coastwide..................... 159,681.38 TBD
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
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\a\ Managed through an international process. These allocations will be updated when announced.
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[FR Doc. 2023-11466 Filed 5-30-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on May 31, 2023.
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