Rule2024-24361
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2024 Tribal Fishery Allocations for Pacific Whiting; Reapportionment Between Tribal and Non-Tribal Sectors
Primary source
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Published
October 22, 2024
Effective
September 26, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This document announces the reapportionment of 45,000 metric tons of Pacific whiting from the tribal allocation to the non-tribal commercial fishery sectors via automatic action on September 26, 2024. This reapportionment is to allow full utilization of the Pacific whiting resource.
Full Text
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<title>Federal Register, Volume 89 Issue 204 (Tuesday, October 22, 2024)</title>
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[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Rules and Regulations]
[Pages 84302-84303]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24361]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[RTID 0648-XE360]
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2024 Tribal Fishery Allocations for
Pacific Whiting; Reapportionment Between Tribal and Non-Tribal Sectors
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason reapportionment of tribal Pacific whiting allocation.
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SUMMARY: This document announces the reapportionment of 45,000 metric
tons of Pacific whiting from the tribal allocation to the non-tribal
commercial fishery sectors via automatic action on September 26, 2024.
This reapportionment is to allow full utilization of the Pacific
whiting resource.
DATES: The reapportionment of Pacific whiting went into effect at 4:30
p.m. (16:30) local time, September 26, 2024, and is effective through
December 31, 2024. Comments will be accepted through November 6, 2024.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2024-0120
by the following method:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
enter NOAA-NMFS-2024-0120 in the Search box. Click on the ``Comment''
icon, complete the required fields, and enter or attach your comments.
Instructions: Comments sent by any other method to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record. All personal identifying information (e.g., name,
address, etc.), confidential business information, or otherwise
sensitive information submitted voluntarily by the sender will be
publicly accessible. NMFS will accept anonymous comments (enter ``N/A''
in the required fields if you wish to remain anonymous). Attachments to
electronic comments will be accepted in Microsoft Word, Excel, or Adobe
PDF file formats only.
Electronic Access
This notice is accessible online at the Office of the Federal
Register's website at <a href="https://www.federalregister.gov">https://www.federalregister.gov</a>. Background
information and documents
[[Page 84303]]
are available at the NMFS West Coast Region website at <a href="https://www.fisheries.noaa.gov/region/west-coast">https://www.fisheries.noaa.gov/region/west-coast</a>.
FOR FURTHER INFORMATION CONTACT: Colin Sayre, West Coast Region, NMFS,
(206) 526-4656, <a href="/cdn-cgi/l/email-protection#f5b69a999c9bdba6948c8790b59b9a9494db929a83"><span class="__cf_email__" data-cfemail="9ad9f5f6f3f4b4c9fbe3e8ffdaf4f5fbfbb4fdf5ec">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
Pacific Whiting
Pacific whiting (Merluccius productus) is a very productive species
with highly variable recruitment (the biomass of fish that mature and
enter the fishery each year) and a relatively short life span compared
to other groundfish species. Pacific whiting has the largest annual
allowable harvest levels (by volume) of the more than 90 groundfish
species managed under the Pacific Coast Groundfish Fishery Management
Plan (FMP), which governs the groundfish fishery off Washington,
Oregon, and California. The coastwide Pacific whiting stock is managed
jointly by the United States and Canada, and mature Pacific whiting are
commonly available to vessels operating in U.S. waters from April
through December. Background on the stock assessment, and the
establishment of the 2024 Total Allowable Catch (TAC), for Pacific
whiting was provided in the final rule for the 2024 Pacific whiting
harvest specifications, published June 24, 2024 (89 FR 52398). Pacific
whiting is allocated to the Pacific Coast treaty tribes (tribal
fishery) and to three non-tribal commercial sectors: the catcher/
processor cooperative (C/P Co-op), the mothership cooperative (MS Co-
op), and the Shorebased Individual Fishery Quota (IFQ) Program.
This notice announces the reapportionment of 45,000 metric tons
(mt) of Pacific whiting from the tribal allocation to the non-tribal
commercial sectors. This reapportionment was effective on September 26,
2024. Regulations at 50 CFR 660.131(h) contain provisions that allow
the Regional Administrator to reapportion Pacific whiting from the
tribal allocation, specified at 50 CFR 660.50, that will not be
harvested by the end of the fishing year to other sectors.
Pacific Whiting Reapportionment
For 2024, the Pacific Coast treaty tribes were allocated 71,755.95
mt of Pacific whiting. The best available information on September 15,
2024, indicated that at least 45,000 mt of the tribal allocation would
not be harvested by December 31, 2024. As required under the 2017
Endangered Species Act section 7(a)(2) biological opinion on the
effects of the Pacific Coast Groundfish Fishery Management Plan on
listed salmonids, NMFS considered the number and bycatch rate of
Chinook salmon taken by the Pacific whiting fishery sectors prior to
reapportionment. Based on the best available information in September
2024, NMFS determined there is low risk that the reapportionment will
cause the Pacific whiting sector fisheries to exceed both the guideline
limit of 11,000 and reserve of 3,500 Chinook salmon under current
regulations and practices. At the time of this notice, incidental take
of Chinook salmon by the non-tribal sectors is five percent of the
guideline limit. NMFS will continue to monitor Chinook salmon bycatch
as part of inseason management.
To allow for increased utilization of the resource, on September
26, 2024, NMFS reapportioned 45,000 mt from the tribal allocation to
the Shorebased IFQ Program, C/P Co-op, and MS Co-op in proportion to
each sector's original allocation. Reapportioning this amount is
expected to allow for greater attainment of the TAC while not limiting
tribal harvest opportunities for the remainder of the year. NMFS
provided notice of the reapportionment on September 26, 2024, via
emails sent directly to fishing businesses and individuals.
Reapportionment was effective the same day as the notice.
The amounts of Pacific whiting available for 2024 before and after
the reapportionment are described in table 1 below.
Table 1--2024 Pacific Whiting Allocations
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Initial
2024 Final 2024
Sector allocation allocation
(mt) (mt)
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Tribal........................................ 71,755.95 26,755.95
C/P Coop...................................... 114,759.53 130,059.53
MS Coop....................................... 81,006.73 91,806.73
Shorebased IFQ Program........................ 141,761.78 160,661.78
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Classification
NOAA's Assistant Administrator for Fisheries (AA) finds that good
cause exists for this notification to be issued without affording prior
notice and opportunity for public comment pursuant to 5 U.S.C.
553(b)(B), because such notification would be impracticable and
contrary to the public interest. As previously noted, NMFS provided
actual notice of the reapportionment to fishery participants at the
time of the action. Prior notice and opportunity for public comment on
this reapportionment was impracticable because NMFS had insufficient
time to provide prior notice between the time the information about the
progress of the fishery needed to make this determination became
available and the time at which fishery modifications had to be
implemented in order to allow fishery participants access to the
available fish during the remainder of the fishing season. For the same
reasons, the AA also finds good cause to waive the 30-day delay in
effectiveness for these actions, required under 5 U.S.C. 553(d)(3).
These actions are authorized by 50 CFR 660.55(i), 660.60(d), and
660.131(h) and are exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 7001 et seq.
Dated: October 16, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-24361 Filed 10-21-24; 8:45 am]
BILLING CODE 3510-22-P
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