[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 [www.gpo.gov]
[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 https://www.regulations.gov 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 https://www.federalregister.gov. Background 
information and documents

[[Page 84303]]

are available at the NMFS West Coast Region website at https://www.fisheries.noaa.gov/region/west-coast.

FOR FURTHER INFORMATION CONTACT: Colin Sayre, West Coast Region, NMFS, 
(206) 526-4656, <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
------------------------------------------------------------------------
                                                  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
------------------------------------------------------------------------

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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