7390 Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 

when assessing the status of a species. 

Therefore, the economic analysis 

requirements of the Regulatory 

Flexibility Act are not applicable to the 

listing process. In addition, this final 

rule is exempt from review under 

Executive Order 12866. This final rule 

does not contain a collection-ofinformation requirement for the 

purposes of the Paperwork Reduction 

Act. 

Executive Order 13122, Federalism 

In accordance with E.O. 13132, we 

determined that this final rule does not 

have significant federalism effects and 

that a federalism assessment is not 

required. In keeping with the intent of 

the Administration and Congress to 

provide continuing and meaningful 

dialogue on issues of mutual state and 

Federal interest, this final rule will be 

shared with the relevant state agencies 

in each state in which the species is 

believed to occur. 

List of Subjects in 50 CFR Part 224 

Administrative practice and 

procedure, Endangered and threatened 

species, Reporting and recordkeeping 

requirements. 

Dated: February 4, 2015. 

Eileen Sobeck, 

Assistant Administrator for Fisheries, 

National Marine Fisheries Service. 

For the reasons set out in the 

preamble, 50 CFR part 224 is amended 

as follows: 

PART 224—ENDANGERED MARINE 

AND ANADROMOUS SPECIES 

■ 1. The authority citation for part 224 

continues to read as follows: 

Authority: 16 U.S.C. 1531–1543 and 16 

U.S.C. 1361 et seq. 

■ 2. In § 224.101, in the table in 

paragraph (h), revise the entry for 

‘‘Whale, killer (Southern Resident 

DPS)’’ to read as follows: 

§ 224.101 Enumeration of endangered 

marine and anadromous species. 

* * * * * 

(h) * * * 

Species1

Citation(s) for listing 

determination(s) 

Critical 

habitat ESA Rules 

Common name Scientific name Description of listed entity 

Marine Mammals 

*******

Whale, killer (Southern 

Resident DPS).

Orcinus orca ..................... Killer whales from the J, K, 

and L pods.

[Insert citation] 2/10/2015 226.206 224.103 

* * * * * * * 

1Species includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7, 

1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991). 

* * * * * 

[FR Doc. 2015–02604 Filed 2–9–15; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 131119977–4381–02] 

RIN 0648–XD640 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Pacific Coast Groundfish Fishery; 

Pacific Whiting Allocations and 

Fishery Closure; Pacific Whiting 

Seasons 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Reapportionment of tribal 

Pacific whiting allocation, and 

implementation of an Ocean Salmon 

Conservation Zone to protect Chinook 

salmon. 

SUMMARY: This document announces the 

reapportionment of 45,000 metric tons 

(mt) of Pacific whiting from the tribal 

allocation to the non-tribal commercial 

fishery sectors via two actions, in order 

to allow full utilization of the Pacific 

whiting resource. It also announces the 

implementation of an Ocean Salmon 

Conservation Zone that prohibited the 

targeting of Pacific whiting with 

midwater trawl gear shoreward of 

approximately 100 fathoms (fm) (183 m) 

to reduce Chinook salmon bycatch in 

the Pacific whiting fishery. 

DATES: The rules set out in this 

document were made through automatic 

action, and are published in the Federal 

Register as soon as practicable after they 

are issued. The Ocean Salmon 

Conservation Zone was effective 0800 

local time October 20, 2014 until 

December 31, 2014. The 

reapportionments of Pacific whiting 

were effective from 1200 local time, 

September 12, 2014 (25,000 mt) and 

2000 local time October 23, 2014 

(additional 20,000 mt), until December 

31, 2014. Comments will be accepted 

through February 25, 2015. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2014–0020 

by any of the following methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal at 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2014- 

0020, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: William W. Stelle, Jr., 

Regional Administrator, West Coast 

Region, NMFS, 7600 Sand Point Way 

NE., Seattle, WA 98115–0070, Attn: 

Miako Ushio. 

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). 

FOR FURTHER INFORMATION CONTACT: 

Miako Ushio (West Coast Region, 

NMFS), phone: 206–526–4644 or email: 

miako.ushio@noaa.gov. 

SUPPLEMENTARY INFORMATION: 


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Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 7391 

Electronic Access 

This document is accessible via the 

Internet at the Office of the Federal 

Register’s Web site at http://

www.gpo.gov/fdsys/search/home.action. 

Background information and documents 

are available at the Pacific Fishery 

Management Council’s Web site at 

http://www.pcouncil.org/. 

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 when compared to other 

groundfish species. Whiting has the 

largest (by volume) annual allowable 

harvest levels 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 

whiting stock is managed by both the 

United States and Canada, and mature 

whiting are commonly available to 

vessels operating in U.S. waters from 

April through December. Background on 

the stock assessment for and the 

establishment of the 2014 Total 

Allowable Catch (TAC) for Pacific 

whiting is provided in the final rule for 

the 2014 whiting harvest specifications, 

published May 13, 2014 (79 FR 27198). 

Pacific whiting is allocated to the 

Washington Coast treaty tribes (tribal 

fishery), and to three non-tribal 

commercial sectors: the catcher/

processor cooperative (C/P Coop), the 

mothership cooperative (MS Coop), and 

the Shorebased Individual Fishery 

Quota (IFQ) Program. 

This document announces the 

reapportionment of 45,000 mt of Pacific 

whiting from the tribal allocation to the 

non-tribal commercial sectors. On 

September 12, 2014, 25,000 mt of 

Pacific whiting was reapportioned, 

followed by a second reapportionment 

of 20,000 mt on October 23, 2014. 

Regulations at 50 CFR 660.131(h) 

contain provisions that allow the 

Regional Administrator to reallocate 

that portion of the Pacific whiting tribal 

allocation specified at § 660.50 that will 

not be harvested by the end of the 

fishing year to other sectors. This action 

also announces the implementation of 

the Ocean Salmon Conservation Zone 

on October 20, 2014 pursuant to 

regulations at § 660.131(c) and 

§ 660.60(d), subpart C. 

Pacific Whiting Reapportionment 

For 2014, the Washington Coast treaty 

tribes were allocated 55,336 mt of 

Pacific whiting. The best available 

information through September 12, 

2014, indicated that at least 25,000 mt 

of the tribal allocation would not be 

harvested by December 31, 2014. To 

allow for full utilization of the resource, 

NMFS reapportioned 25,000 mt to the 

shorebased IFQ Program, C/P Coop and 

MS Coop in proportion to each sector’s 

original allocation on September 12, 

2014. Reapportioning this amount was 

expected to allow for greater attainment 

of the TAC while not limiting tribal 

harvest opportunities for the remainder 

of the year. Subsequently, the C/P Coop, 

MS Coop, and Shorebased IFQ sectors 

expressed an interest in additional 

harvest of Pacific whiting via written 

notice to NMFS. 

The best available information on 

October 22, 2014, indicated that an 

additional 20,000 mt of the tribal 

allocation would not be harvested by 

December 31, 2014. To allow for full 

utilization the resource, NMFS 

reapportioned an additional 20,000 mt 

of the non-tribal sector and distributed 

to the C/P Coop and MS Coop in 

proportion to each sector’s original 

allocation on October 23, 2014. As 

explained below, the Shorebased IFQ 

Program’s share of the second 

reapportionment was not distributed 

due to concerns about Chinook salmon 

catch. 

Reapportioning a combined total of 

45,000 mt was expected to allow for a 

greater likelihood of attaining the OY 

while not limiting tribal harvest 

opportunities for the remainder of the 

year. The revised Pacific whiting 

allocations for 2014 are: Tribal 10,336 

mt, C/P Coop 103,486 mt; MS Coop 

73,049 mt; and Shorebased IFQ Program 

127,835 mt. 

Ocean Salmon Conservation Zone and 

Chinook Salmon Bycatch in the 

Primary Whiting Season 

Chinook salmon protected under the 

Endangered Species Act (ESA) are 

caught as bycatch in the Pacific whiting 

fishery. As the result of previous ESA 

consultations, multiple steps have been 

taken in the fishery to minimize rates of 

Chinook salmon bycatch. The currently 

applicable incidental take statement 

requires reinitiation of consultation if 

the Pacific whiting fishery exceeds an 

11,000-Chinook salmon annual bycatch 

amount. As reported in the 2006 

Supplemental Biological Opinion on the 

Pacific Coast Groundfish, historic 

fishery data indicates that Chinook 

salmon bycatch rates can be highest in 

depths less than 100 fathoms (fm) (183 

m) and early in the season (May and 

June), although bycatch rates can vary. 

When NMFS projects that the Pacific 

whiting fishery may incidentally take in 

excess of 11,000 Chinook salmon within 

a calendar year, an Ocean Salmon 

Conservation Zone may be implemented 

through an automatic action (50 CFR 

660.60(d), subpart C). The Ocean 

Salmon Conservation Zone prohibits the 

targeting of Pacific whiting with 

midwater trawl gear shoreward of the 

100 fm depth contour (§ 660.131(c)). 

As of October 17, 2014, the best 

available information indicated that the 

Pacific whiting fishery had taken at least 

11,000 Chinook salmon. Accordingly, 

NMFS has reinitiated consultation on 

the effect of the groundfish fishery on 

salmonids listed as endangered or 

threatened, and implemented the Ocean 

Salmon Conservation Zone to reduce 

the effect of the whiting fishery on 

salmon for the remainder of the 2014 

season. Vessels fishing in the Pacific 

whiting primary seasons were 

prohibited from targeting Pacific 

whiting with midwater trawl gear in all 

waters shoreward of a boundary line 

approximating the 100 fm (183 m) depth 

contour as of 0800, local time, October 

20, 2014. Latitude/longitude coordinates 

defining the boundary line that 

approximates the 100 fm (183 m) depth 

contour are provided at § 660.73, 

subpart C. 

Reapportionment Effect on Chinook 

Salmon 

NMFS concluded that distributing the 

reapportioned whiting to the at-sea 

sectors (C/P Coop and MS Coop) would 

not substantially increase the overall 

Chinook bycatch rates for the Pacific 

whiting fishery because these sectors 

had taken voluntary steps to reduce 

Chinook salmon bycatch, including 

fishing outside of 150 fm, and had 

notified NMFS in writing that they 

would cease fishing if they reached the 

bycatch numbers projected in the 

absence of additional reallocation. 

The Shorebased IFQ program tends to 

fish closer to shore to reduce operating 

costs. As a consequence, the shoreside 

sector tends to have higher bycatch rates 

than the at-sea sectors. For this reason, 

the Pacific Fishery Management Council 

(PFMC) recommended via emergency 

meeting on October 17, 2014, that any 

additional reapportioned fish be 

distributed to the shorebased sector after 

attainment of their existing allocation in 

conjunction with salmon conservation 

measures implemented through 

inseason action. The Shorebased IFQ 

program did not attain their existing 

allocation, the Shorebased IFQ share of 

the second reapportionment was not 

distributed, and no additional salmon 

conservation measures were taken. 


rljohnson on DSK3VPTVN1PROD with RULES
7392 Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations 

Emails sent directly to fishing 

businesses and individuals, and 

postings on the West Coast Region’s 

internet site were used to provide actual 

notice to the affected fishers. 

Reapportionment was effective the same 

day as the notice, while implementation 

of the Ocean Salmon Conservation Zone 

was effective three days after the Public 

Notice, to allow for additional time for 

the public to become aware of the 

change in depth restrictions. 

Classification 

This action is authorized by the 

regulations implementing the FMP. The 

Assistant Administrator for Fisheries, 

NOAA (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. It was contrary to public 

interest to provide prior notice and 

comment on the implementation of the 

Ocean Salmon Conservation Zone 

because conservation concerns required 

taking immediate action on current 

catch information to reduce take of 

Chinook salmon. The closed area 

implemented by this rule needed to be 

in effect during the remainder of the 

2014 primary season. If the agency were 

to conduct a proposed and final 

rulemaking for this action, the rule 

would not likely have been finalized 

until after the whiting fisheries had 

achieved their 2014 whiting quotas. The 

bycatch of ESA-listed salmon could 

have continued unabated during this 

time. Providing prior notice and 

comment was impracticable because 

affording prior notice and opportunity 

for public comment would have 

impeded the agency’s mandated duty to 

manage fisheries to protect endangered 

and threatened salmon. Implementing 

the Ocean Salmon Conservation Zone 

and reapportioning as quickly as 

possible was necessary to protect 

Chinook salmon and to allow access to 

the remaining portion of the Pacific 

whiting TAC prior to the onset of 

weather conditions that would make 

fishing unsafe. As previously noted, 

actual notice of the reapportionment 

was provided to fishers. Prior notice and 

opportunity for public comment on this 

reapportionment was impracticable 

because NMFS had insufficient time to 

provide prior notice and the 

opportunity for public comment 

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 fishers access to the 

available fish during the remainder of 

the fishing season. Additionally, it is 

not practical for vessels to keep crews 

waiting for additional quota, so timely 

reapportionment of uncaught quota to 

these sectors was necessary to keep 

workers in the C/P Coop and 

Mothership Coops employed. 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 

§§ 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. 773 et seq. 

Dated: February 5, 2015. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2015–02669 Filed 2–9–15; 8:45 am] 

BILLING CODE 3510–22–P 


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