[Federal Register Volume 87, Number 71 (Wednesday, April 13, 2022)]
[Proposed Rules]
[Pages 21858-21866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-07839]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 220407-0087]
RIN 0648-BL21


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2022 Harvest Specifications for 
Pacific Whiting, and 2022 Pacific Whiting Tribal Allocation

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule for the 2022 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 (Whiting Act), and 
other applicable laws. This proposed rule would establish the domestic 
2022 harvest specifications for Pacific whiting including the 2022 
tribal allocation for the Pacific whiting fishery, the non-tribal 
sector allocations, and set-asides for incidental mortality in research 
activities and non-groundfish fisheries. The proposed 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: Comments on this proposed rule must be received no later than 
April 28, 2022.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2022-0034 by any of the following methods:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2022-0034 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 part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov

[[Page 21859]]

without change. 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).

Electronic Access

    This proposed rule is accessible via the internet at the Office of 
the Federal Register website at https://www.federalregister.gov. 
Background information and documents are available at the NMFS website 
at https://www.fisheries.noaa.gov and at the Pacific Fishery Management 
Council's website at http://www.pcouncil.org/.

FOR FURTHER INFORMATION CONTACT: Colin Sayre, phone: 206-526-4656, and 
email: <a href="/cdn-cgi/l/email-protection#7a391516131454291b03081f3a14151b1b541d150c"><span class="__cf_email__" data-cfemail="1c5f73707572324f7d656e795c72737d7d327b736a">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    This proposed rule announces the coastwide whiting Total Allowable 
Catch (TAC) of 545,000 mt, the U.S. TAC of 402,646 mt, and proposes 
domestic 2022 Pacific whiting harvest specifications, including, the 
2022 tribal allocation of 70,463 mt, the preliminary allocations for 
three non-tribal commercial whiting sectors, and set-asides for 
incidental mortality in research activities and non-groundfish 
fisheries. The tribal and non-tribal allocations for Pacific whiting, 
as well as set-asides, would be effective until December 31, 2022.

Pacific Whiting Agreement

    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.
    In addition to the JMC, the Agreement establishes several other 
bilateral management bodies to set whiting catch levels: The Joint 
Technical Committee (JTC), which conducts the Pacific whiting stock 
assessment; the Scientific Review Group (SRG), which reviews the stock 
assessment; and the Advisory Panel (AP), which provides stakeholder 
input to the JMC.
    The Agreement establishes a default harvest policy of F-40 percent, 
which means a fishing mortality rate that would reduce the spawning 
biomass to 40 percent of the estimated unfished level. The Agreement 
also allocates 73.88 percent of the Pacific whiting TAC to the United 
States and 26.12 percent of the TAC to Canada. Based on recommendations 
from the JTC, SRG, and AP, the JMC determines the overall Pacific 
whiting TAC by March 25th of each year. NMFS, under the delegation of 
authority from the Secretary of Commerce, in consultation with the 
Secretary of State, has the authority to accept or reject this 
recommendation.

2022 Stock Assessment and Scientific Review

    The JTC completed a stock assessment for Pacific whiting in 
February 2022 (see ADDRESSES). The assessment was reviewed by the SRG 
during a four-day meeting held online on February 14-17, 2022 (see 
ADDRESSES for the report). The SRG considered the 2022 assessment 
report and appendices to represent the best scientific information 
available for Pacific hake/whiting.
    The 2022 assessment model uses the same structure as the 2021 stock 
assessment model. The model is fit to an acoustic survey index of 
abundance, annual commercial catches of the transboundary Pacific 
whiting stock, and age composition data from an acoustic survey and 
commercial fisheries. Age-composition data provide information to 
estimate relative year class strength. Updates to the data in the 2022 
assessment include: The new biomass estimate and age-composition data 
from the acoustic survey conducted in 2021, fishery catch and age-
composition data from 2021, weight-at-age data for 2021, the addition 
of the age-1 index time series (1995-2021), and minor changes to pre-
2021 data. Due to staffing issues, age data from 2021 were unavailable 
from the Canadian freezer-trawler fleet and minimally available for the 
shoreside fleet.
    The Pacific whiting biomass is a highly cyclical and highly 
productive stock. Since the 1960s, it is estimated to have ranged from 
well below to above unfished levels. Compared to other groundfish 
stocks, the Pacific whiting stock has high recruitment variability, 
with low average recruitment levels and occasional large year-classes 
that often comprise much of the biomass. At the start of 2022, the 
Pacific whiting stock continues to be supported by multiple above 
average cohorts, including the 2010, 2014, 2016, and 2017 year classes 
which comprise 14 percent, 25 percent, 24 percent and 17 percent, 
respectively of the stock biomass. The 2010 year class is estimated to 
be the second highest recruitment in the assessment time series; the 
2014 and 2016 year classes are estimated to be above average in 
strength; and the 2012 and 2017 year classes are about average. The 
assessment estimates small year classes in 2011, 2013, 2015, and 2018. 
The estimated biomass was relatively steady from 2017 to 2019, and then 
declined in 2020 and 2021 due to the 2014 and 2016 year classes moving 
through the growth-mortality transition during a period of high 
catches. Based on limited data, the 2020 cohort looks likely to be 
large.
    At the start of 2022, the relative spawning biomass is still well 
above the biomass level associated with the default harvest rate (40 
percent of unfished level), and is estimated to be at 69 percent of 
unfished levels, or 1,253,810 mt. The stock is considered at a healthy 
level, the estimated probability that spawning biomass at the start of 
2022 is below 40 percent of unfished levels is 6.7 percent. The joint 
probability that the relative spawning stock biomass is both below 40 
percent of unfished levels, and that fishing mortality is above the 
relative fishing intensity of the Agreement's F-40 percent default 
harvest rate is estimated to be 0 percent.

2022 Pacific Whiting Coastwide and U.S. TAC Recommendation

    The AP and JMC met virtually March 1-3, 2022, to develop advice on 
a 2022 coastwide TAC. The AP provided its 2022 TAC recommendation to 
the JMC on March 02, 2022. The JMC reviewed the advice of the JTC, the 
SRG, and the AP, 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 2022 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 the increasing age of 
the 2010, 2014, and 2016 year classes and wished to extend access to 
these stocks as long as possible, which a lower TAC could accomplish. 
Second, there is uncertainty regarding the size of the 2020 year class. 
Maintaining a modest TAC for 2022 was deemed prudent by the JMC until 
an additional year of data is available on the size of the 2020 year

[[Page 21860]]

class. 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.
    Under the Agreement, the U.S. TAC is 73.88 percent of the coastwide 
TAC. Based on the JMC's recommended coastwide TAC of 545,000 mt, the 
recommended 2022 U.S. TAC is 402,646 mt. This recommendation is 
consistent with the best available scientific information, provisions 
of the Agreement, and the Whiting Act. The recommendation was 
transmitted via letter to the United States and Canadian Governments on 
March 3, 2022. NMFS, under delegation of authority from the Secretary 
of Commerce, approved the TAC recommendation of 402,646 mt for U.S. 
fisheries on March 25, 2022

Tribal Allocation

    The regulations at 50 CFR 660.50(d) identify the procedures for 
implementing the treaty rights that Pacific Coast treaty Indian tribes 
have to harvest groundfish in their usual and accustomed fishing areas 
in U.S. waters. Tribes with treaty fishing rights in the area covered 
by the Pacific Coast Groundfish FMP request allocations, set-asides, or 
regulations specific to the tribes during the Council's biennial 
harvest specifications and management measures process. The regulations 
state that the Secretary will develop tribal allocations and 
regulations in consultation with the affected tribe(s) and, insofar as 
possible, with tribal consensus.
    NMFS allocates a portion of the U.S. TAC of Pacific whiting to the 
tribal fishery, following the process established in 50 CFR 660.50(d). 
The tribal allocation is subtracted from the U.S. Pacific whiting TAC 
before allocation to the non-tribal sectors.
    Four Washington coastal treaty Indian tribes including the Makah 
Indian Tribe, Quileute Indian Tribe, Quinault Indian Nation, and the 
Hoh Indian Tribe (collectively, the ``Treaty Tribes''), can participate 
in the tribal Pacific whiting fishery. Tribal allocations of Pacific 
whiting have been based on discussions with the Treaty Tribes regarding 
their intent for those fishing years. The Hoh Tribe has not expressed 
an interest in participating in the Pacific whiting fishery to date. 
The Quileute Tribe and Quinault Indian Nation have expressed interest 
in beginning to participate in the Pacific whiting fishery at a future 
date. To date, only the Makah Tribe has prosecuted a tribal fishery for 
Pacific whiting, and has harvested Pacific whiting since 1996 using 
midwater trawl gear. Table 1 below provides a recent history of U.S. 
TACs and annual tribal allocation in metric tons (mt).

   Table 1--U.S. Total Allowable Catch and Annual Tribal Allocation in
                            Metric Tons (mt)
------------------------------------------------------------------------
                                                              Tribal
                  Year                     U.S. TAC \1\     allocation
------------------------------------------------------------------------
2010....................................      193,935 mt       49,939 mt
2011....................................      290,903 mt       66,908 mt
2012....................................      186,037 mt       48,556 mt
2013....................................      269,745 mt       63,205 mt
2014....................................      316,206 mt       55,336 mt
2015....................................      325,072 mt       56,888 mt
2016....................................      367,553 mt       64,322 mt
2017....................................      441,433 mt       77,251 mt
2018....................................      441,433 mt       77,251 mt
2019....................................      441,433 mt       77,251 mt
2020....................................      424,810 mt       74,342 mt
2021....................................      369,400 mt       64,645 mt
------------------------------------------------------------------------
\1\ Beginning in 2012, the United States started using the term Total
  Allowable Catch, or TAC, based on the Agreement between the Government
  of the United States of America and the Government of Canada on
  Pacific Hake/Whiting. Prior to 2012, the terms Optimal Yield (OY) and
  Annual Catch Limit (ACL) were used.

    In 2009, NMFS, the States of Washington and Oregon, and the Treaty 
Tribes started a process to determine the long-term tribal allocation 
for Pacific whiting. However, they have not yet determined a long-term 
allocation. This rule proposes the 2022 tribal allocation of Pacific 
whiting. This allocation does not represent a long-term allocation and 
is not intended to set precedent for future allocations.
    In exchanges between NMFS and the Treaty Tribes during August 2021, 
the Makah Tribe indicated their intent to participate in the tribal 
Pacific whiting fishery in 2022 and requested 17.5 percent of the U.S. 
TAC. The Quinault Indian Nation, Quileute Indian Tribe, and Hoh Indian 
Tribe informed NMFS in September 2021 that they will not participate in 
the 2022 fishery. NMFS proposes a tribal allocation that accommodates 
the tribal request, specifically 17.5 percent of the U.S. TAC. The 
proposed 2022 U.S. TAC is 402,646 mt, and therefore the proposed 2022 
tribal allocation is 70,463 mt. NMFS has determined that the current 
scientific information regarding the distribution and abundance of the 
coastal Pacific whiting stock indicates the 17.5 percent is within the 
range of the tribal treaty right to Pacific whiting.

Non-Tribal Research and Bycatch Set-Asides

    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 2021 meeting, the Council 
recommended an incidental mortality set-aside of 750 mt for 2022. This 
set-aside is unchanged from the 750 mt set-aside amount for incidental 
mortality in 2021. The 750 mt recommendation, however, reflects the 
recent average mortality that has declined from 942 mt in 2014-2016 to 
216 mt in 2017-2019. This rule proposes the Council's recommendations.

Non-Tribal Harvest Guidelines and Allocations

    In addition to the tribal allocation, this proposed rule 
establishes the fishery harvest guideline (HG), also called the non-
tribal allocation. The proposed 2022 fishery HG for Pacific whiting is 
331,433 mt. This amount was determined by deducting the 70,463 mt 
tribal allocation and the 750 mt allocation for scientific research 
catch and fishing mortality in non-groundfish fisheries from the U.S. 
TAC of 402,646 mt. The 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 (112,687 mt for 2022), the MS 
Co-op Program is allocated 24 percent (79,544 mt for 2022), and the 
Shorebased IFQ Program is allocated 42 percent (139,202 mt for 2022). 
The fishery south of 42[deg] N lat. may not take more than 6,960 mt (5 
percent of the Shorebased IFQ Program allocation) prior to May 15, the 
start of the primary Pacific whiting season north of 42[deg] N lat.

    Table 2--2022 Proposed Pacific Whiting Allocations in Metric Tons
------------------------------------------------------------------------
                                                           2022 Pacific
                                                              whiting
                         Sector                             allocation
                                                               (mt)
------------------------------------------------------------------------
Tribal..................................................          70,463
Catcher/Processor (C/P) Co-op Program...................         112,687
Mothership (MS) Co-op Program...........................          79,544
Shorebased IFQ Program..................................         139,202
------------------------------------------------------------------------

    This proposed rule would be implemented under the statutory and 
regulatory authority of section 305(d) of the Magnuson-Stevens Act, the 
Pacific Whiting Act of 2006, the regulations governing the groundfish 
fishery at 50

[[Page 21861]]

CFR 660.5-660.360, and other applicable laws. Additionally, with this 
proposed rule, NMFS, would 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).

Classification

    NMFS notes that the public comment period for this proposed rule is 
15 days. Finalizing the Pacific whiting harvest specifications close to 
the start of the Pacific whiting fishing season on May 15th provides 
the industry with more time to plan and execute the fishery and gives 
them earlier access to the finalized allocations of Pacific whiting. 
Given the considerably short timeframe between the JMC meeting in early 
March and the start of the primary whiting season on May 15, NMFS has 
determined that a 15-day comment period best balances the interest in 
allowing the public adequate time to comment on the proposed measures 
while implementing the management measures, including the finalizing 
Pacific whiting allocations, in a timely manner.
    The NMFS Assistant Administrator has determined that this proposed 
rule is consistent with the Pacific Coast Groundfish FMP, other 
provisions of the Magnuson-Stevens Act, and other applicable law, 
subject to further consideration after public comment. In making its 
final determination, NMFS will take into account the complete record, 
including comments received during the comment period.
    Pursuant to Executive Order 13175, this proposed rule was developed 
after meaningful consultation and collaboration with tribal officials 
from the area covered by the Pacific Coast Groundfish FMP. Under the 
Magnuson-Stevens Act at 16 U.S.C. 1852(b)(5), one of the voting members 
of the Pacific Council must be a representative of an Indian tribe with 
federally recognized fishing rights from the area of the Council's 
jurisdiction. In addition, regulations implementing the Pacific Coast 
Groundfish FMP establish a procedure by which the tribes with treaty 
fishing rights in the area covered by the Pacific Coast Groundfish FMP 
request allocations or regulations specific to the Tribes, in writing, 
before the first of the two meetings at which the Council considers 
groundfish management measures. The regulations at 50 CFR 660.50(d) 
further state, the Secretary will develop tribal allocations and 
regulations under this paragraph in consultation with the affected 
tribe(s) and, insofar as possible, with tribal consensus. The tribal 
management measures in this proposed rule have been developed following 
these procedures.
    The Office of Management and Budget has determined that this 
proposed rule is not significant for purposes of Executive Order 12866.
    A range of potential 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 Environmental 
Assessment for Harvest Specifications and Management Measures for 2021-
2022 and Biennial Periods Thereafter 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 2021-22 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.
    An Initial Regulatory Flexibility Analysis (IRFA) was prepared for 
this action, as required by section 603 of the Regulatory Flexibility 
Act (RFA). The IRFA describes the economic impact this proposed rule, 
if adopted, would have on small entities. A description of the action, 
why it is being considered, and the legal basis for this action is 
contained in the SUMMARY section and at the beginning of the 
SUPPLEMENTARY INFORMATION section of the preamble. A summary of the 
IRFA follows. Copies of the IRFA are available from NMFS (See 
ADDRESSES).
    Under the RFA, the term ``small entities'' includes small 
businesses, small organizations, and small governmental jurisdictions. 
The Small Business Administration has established size criteria for 
entities involved in the fishing industry that qualify as small 
businesses. A business involved in fish harvesting is a small business 
if it is independently owned and operated and not dominant in its field 
of operation (including its affiliates) and if it has combined annual 
receipts, not in excess of $11 million for all its affiliated 
operations worldwide (see 80 FR 81194, December 29, 2015). A wholesale 
business servicing the fishing industry is a small business if it 
employs 100 or fewer persons on a full time, part time, temporary, or 
other basis, at all its affiliated operations worldwide. A small 
organization is any nonprofit enterprise that is independently owned 
and operated and is not dominant in its field. Effective February 26, 
2016, a seafood processor is a small business if it is independently 
owned and operated, not dominant in its field of operation, and employs 
750 or fewer persons on a full time, part time, temporary, or other 
basis, at all its affiliated operations worldwide (See NAICS 311710 at 
81 FR 4469; January 26, 2016). For purposes of rulemaking, NMFS is also 
applying the seafood processor standard to catcher processors because 
whiting C/Ps earn the majority of the revenue from processed seafood 
product.

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 proposed rule affect how Pacific whiting is allocated to the 
following sectors/programs: Tribal, Shorebased IFQ Program Trawl 
Fishery, MS Co-op Program Whiting At-sea Trawl Fishery, and C/P Co-op 
Program Whiting At-sea Trawl Fishery. The amount of Pacific whiting 
allocated to these sectors is based on the U.S. TAC, which is developed 
and approved through the process set out in the Agreement between the 
U.S. and Canada, and the Whiting Treaty Act.
    We expect one tribal entity to fish for Pacific whiting in 2022. 
Tribes are not considered small entities for the purposes of RFA. 
Impacts to tribes are nevertheless considered in this analysis.
    As of January 2022, 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

[[Page 21862]]

C/P endorsed permits owned by three companies that have formed a single 
coop. These co-ops are considered large entities from several 
perspectives; they have participants that are large entities, and have 
in total more than 750 employees worldwide including affiliates.
    Although there are three non-tribal sectors, many companies 
participate in two sectors and some participate in all three sectors. 
As part of the permit application processes for the non-tribal 
fisheries, based on a review of the Small Business Administration size 
criteria, permit applicants are asked if they considered themselves a 
``small'' business, and they are asked to provide detailed ownership 
information. Data on employment worldwide, including affiliates, are 
not available for these companies, which generally operate in Alaska as 
well as the West Coast and may have operations in other countries as 
well. NMFS has limited entry permit holders self-report size status. 
For 2021, all 10 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 proposed regulations, 89 of which are 
considered ``small'' businesses.
    This rule will allocate Pacific whiting between tribal and non-
tribal harvesters (a mixture of small and large businesses). Tribal 
fisheries consist of a mixture of fishing activities that are similar 
to the activities that non-tribal fisheries undertake. Tribal harvests 
may be delivered to both shoreside plants and motherships for 
processing. These processing facilities also process fish harvested by 
non-tribal fisheries. The effect of the tribal allocation on non-tribal 
fisheries will depend on the level of tribal harvests relative to their 
allocation and the reapportionment process. If the tribes do not 
harvest their entire allocation, there are opportunities during the 
year to reapportion unharvested tribal amounts to the non-tribal 
fleets. For example, in 2021 NMFS reapportioned 34,645 mt of the 
original 64,645 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 2021 following the 
reapportionment were: Tribal 30,000 mt, C/P Co-op 115,141 mt; MS Co-op 
81,275 mt; and Shorebased IFQ Program 142,232 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 2021 U.S. 
non-tribal fishery had a Pacific whiting catch of approximately 268,926 
mt, and the tribal fishery landed less than 3,000 mt.
    Impacts to the U.S. non-tribal fishery are measured with an 
estimate of ex-vessel revenue. The proposed coastwide TAC of 545,000 mt 
would result in an U.S. TAC of 402,646 mt and, after deduction of the 
tribal allocation and the incidental catch set-aside, a U.S. non-tribal 
harvest guideline of 331,433 mt. Using the 2021 weighted-average non-
tribal price per metric ton (e.g. $221 per metric ton), the proposed 
TAC is estimated to result in an ex-vessel revenue of $73.3 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 2021 average ex-vessel price of Pacific 
whiting, which was $221.15 per mt. At that price, the proposed 2022 
tribal allocation of 70,463 mt would have an ex-vessel value of $15.58 
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 set-asides for research and 
incidental mortality NMFS considered two alternatives: ``No Action'' 
and the ``Proposed Action.''
    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 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 
set-asides of the US 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 
proposed 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 Proposed Action alternative, NMFS proposes 
to set the tribal allocation percentage at 17.5 percent, as requested 
by the Tribes. This would yield a tribal allocation of 70,463 mt for 
2022. 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 2022, 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 2022, this alternative received no further 
consideration.

[[Page 21863]]

Regulatory Flexibility Act Determination of No Significant Impact

    NMFS determined this proposed 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.
    NMFS has prepared an IRFA and is requesting comments on this 
conclusion. See ADDRESSES.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.
    No Federal rules have been identified that duplicate, overlap, or 
conflict with this action.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian Fisheries.

    Dated: April 7, 2022.
Carrie Robinson,
Acting Deputy Assistant Administrator for Regulatory Programs, National 
Marine Fisheries Service.
    For the reasons set out in the preamble, 50 CFR part 660 is 
proposed to be amended as follows:

PART 660--FISHERIES OFF WEST COAST STATES

0
1. The authority citation for part 660 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 
U.S.C. 7001 et seq.
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 2022 is 70,463 mt.
* * * * *
0
3. Revise Table 2a to part 660, subpart C, to read as follows:

   Table 2a to Part 660, Subpart C--2022, and Beyond, 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.......              98              83              51            42.2
Arrowtooth Flounder \d\.......  Coastwide.......          11,764           8,458           8,458         6,362.9
Big Skate \e\.................  Coastwide.......           1,606           1,389           1,389         1,331.7
Black Rockfish \f\............  California (S of             373             341             341           338.7
                                 42[deg] N lat.).
Black Rockfish \g\............  Washington (N of             319             291             291           272.9
                                 46[deg]16' N
                                 lat.).
Bocaccio \h\..................  S of 40[deg]10'            1,870           1,724           1,724         1,676.2
                                 N lat.
Cabezon \i\...................  California (S of             210             195             195           193.7
                                 42[deg] N lat.).
California Scorpionfish \j\...  S of 34[deg]27'              303             275             275           271.1
                                 N lat.
Canary Rockfish \k\...........  Coastwide.......           1,432           1,307           1,307         1,237.6
Chilipepper \l\...............  S of 40[deg]10'            2,474           2,259           2,259         2,161.3
                                 N lat.
Cowcod \m\....................  S of 40[deg]10'              113              82              82            70.8
                                 N lat.
Cowcod........................  (Conception)....              94              70              NA              NA
Cowcod........................  (Monterey)......              19              12              NA              NA
Darkblotched Rockfish \n\.....  Coastwide.......             901             831             831           811.9
Dover Sole \o\................  Coastwide.......          87,540          78,436          50,000        48,402.8
English Sole \p\..............  Coastwide.......          11,127           9,101           9,101         8,850.4
Lingcod \q\...................  N of 40[deg]10'            5,395           4,974           4,958         4,679.6
                                 N lat.
Lingcod \r\...................  S of 40[deg]10'            1,334           1,230           1,172           1,159
                                 N lat.
Longnose Skate \s\............  Coastwide.......           2,036           1,761           1,761         1,509.6
Longspine Thornyhead \t\......  N of 34[deg]27'            4,838           3,227           2,452         2,398.3
                                 N lat.
Longspine Thornyhead \u\......  S of 34[deg]27'                                              774           771.8
                                 N lat.
Pacific Cod \v\...............  Coastwide.......           3,200           1,926           1,600         1,093.9
Pacific Ocean Perch \w\.......  N of 40[deg]10'            4,371           3,711           3,711         3,686.3
                                 N lat.
Pacific Whiting \x\...........  Coastwide.......         715,643              x/              x/        331,433/
Petrale Sole \y\..............  Coastwide.......           3,936           3,660           3,660         3,272.5
Sablefish \z\.................  N of 36[deg] N             9,005           8,375           6,566    See Table 1c
                                 lat.
Sablefish \aa\................  S of 36[deg] N                                             1,809         1,781.6
                                 lat.
Shortspine Thornyhead \bb\....  N of 34[deg]27'            3,194           2,130           1,393         1,314.6
                                 N lat.
Shortspine Thornyhead \cc\....  S of 34[deg]27'                                              737           730.3
                                 N lat.
Spiny Dogfish \dd\............  Coastwide.......           2,469           1,585           1,585         1,241.0
Splitnose \ee\................  S of 40[deg]10'            1,837           1,630           1,630         1,611.6
                                 N lat.
Starry Flounder \ff\..........  Coastwide.......             652             392             392           343.6
Widow Rockfish \gg\...........  Coastwide.......          14,826          13,788          13,788        13,539.7
Yellowtail Rockfish \hh\......  N of 40[deg]10'            6,324           5,831           5,831         4,793.5
                                 N lat.
----------------------------------------------------------------------------------------------------------------
                                                 Stock Complexes
----------------------------------------------------------------------------------------------------------------
Blue/Deacon/Black Rockfish      Oregon..........             672             600             600           597.7
 \ii\.
Cabezon/Kelp Greenling \jj\...  Washington......              22              17              17              15
Cabezon/Kelp Greenling \kk\...  Oregon..........             208             190             190           189.8
Nearshore Rockfish North \ll\.  N of 40[deg]10'               93              77              77            73.9
                                 N lat.
Nearshore Rockfish South \mm\.  S of 40[deg]10'            1,233           1,011           1,010         1,005.6
                                 N lat.
Other Fish \nn\...............  Coastwide.......             286             223             223           201.7
Other Flatfish \oo\...........  Coastwide.......           7,808           4,838           4,838         4,617.1
Shelf Rockfish North \pp\.....  N of 40[deg]10'            1,821           1,450           1,450         1,377.6
                                 N lat.
Shelf Rockfish South \qq\.....  S of 40[deg]10'            1,832           1,429           1,428         1,295.2
                                 N lat.
Slope Rockfish North \rr\.....  N of 40[deg]10'            1,842           1,568           1,568         1,502.1
                                 N lat.

[[Page 21864]]

 
Slope Rockfish South \ss\.....  S of 40[deg]10'              871             705             705           666.1
                                 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 51 mt ACL is based on the current rebuilding plan with a target year to rebuild of
  2029 and an SPR harvest rate of 65 percent. 8.85 mt is deducted from the ACL to accommodate the Tribal fishery
  (5 mt), EFP catch (0.24 mt), research (2.92 mt), and the incidental open access fishery (0.69 mt) resulting in
  a fishery HG of 42.2 mt. The non-trawl HG is 38.8 mt. The combined non-nearshore/nearshore HG is 8.1 mt.
  Recreational HGs are: 9.9 mt (Washington); 9 mt (Oregon); and 11.7 mt (California). In addition, the nontrawl
  ACT is 30.4 mt and the combined non-nearshore/nearshore ACT is 6.3 mt. Recreational ACTs are: 7.8 mt
  (Washington), 7.1 (Oregon), and 9.2 mt (California).
\d\ Arrowtooth flounder. 2,095.08 mt is deducted from the ACL to accommodate the Tribal fishery (2,041 mt), EFP
  fishing (0.1 mt), research (12.98 mt) and incidental open access (41 mt), resulting in a fishery HG of 6,362.9
  mt.
\e\ Big skate. 57.31 mt is deducted from the ACL to accommodate the Tribal fishery (15 mt), EFP fishing (0.1
  mt), and research catch (5.49 mt), and incidental open access (36.72 mt), resulting in a fishery HG of 1,331.7
  mt.
\f\ Black rockfish (California). 2.26 mt is deducted from the ACL to accommodate EFP fishing (1.0 mt), research
  (0.08 mt), and incidental open access (1.18 mt), resulting in a fishery HG of 338.7 mt.
\g\ Black rockfish (Washington). 18.1 mt is deducted from the ACL to accommodate the Tribal fishery (18 mt) and
  research catch (0.1 mt), resulting in a fishery HG of 272.9 mt.
\h\ Bocaccio south of 40[deg]10' N lat. The stock is 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. 47.82 mt is deducted
  from the ACL to accommodate EFP catch (40 mt), research (5.6 mt), and incidental open access (2.22 mt),
  resulting in a fishery HG of 1,676.2 mt. The 2022 combined allocation to the nearshore and non-nearshore
  fishery is 315.7 mt. The California recreational fishery south of 40[deg]10' N lat. has an HG of 706.1 mt.
\i\ Cabezon (California). 1.28 mt is deducted from the ACL to accommodate EFP (1 mt), research (0.02 mt), and
  incidental open access fishery (0.26 mt), resulting in a fishery HG of 193.7 mt.
\j\ California scorpionfish south of 34[deg]27' N lat. 3.89 mt is deducted from the ACL to accommodate research
  (0.18 mt) and the incidental open access fishery (3.71 mt), resulting in a fishery HG of 271.1 mt.
\k\ Canary rockfish. 69.39 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), EFP catch (8
  mt), and research catch (10.08 mt), and the incidental open access fishery (1.31 mt), resulting in a fishery
  HG of 1,237.6 mt. The combined nearshore/non-nearshore HG is 123.5 mt. Recreational HGs are: 42.2 mt
  (Washington); 63.5 mt (Oregon); and 113.9 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 (14.04 mt), the incidental
  open access fishery (13.66 mt), resulting in a fishery HG of 2,161.3 mt.
\m\ Cowcod south of 40[deg]10' N lat. 11.17 mt is deducted from the ACL to accommodate EFP fishing (1 mt),
  research (10 mt), and incidental open access (0.17 mt), resulting in a fishery harvest guideline of 70.83 mt.
  A single ACT of 50 mt is being set for the Conception and Monterey areas combined.
\n\ Darkblotched rockfish. 19.06 mt is deducted from the ACL to accommodate the Tribal fishery (0.2 mt), EFP
  catch (0.6 mt), and research catch (8.46 mt), and the incidental open access fishery (9.8 mt) resulting in a
  fishery HG of 811.9 mt.
\o\ Dover sole. 1,597.21 mt is deducted from the ACL to accommodate the Tribal fishery (1,497 mt), EFP fishing
  (0.1 mt), research (50.84 mt), and incidental open access (49.27 mt), resulting in a fishery HG of 48,402.8
  mt.
\p\ English sole. 250.63 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), EFP fishing
  (0.1 mt), research (8 mt), and the incidental open access fishery (42.52 mt), resulting in a fishery HG of
  8,850.4 mt.
\q\ Lingcod north of 40[deg]10' N lat. 278.38 mt is deducted from the ACL for the Tribal fishery (250 mt), EFP
  catch (0.1 mt), research (16.6 mt), and the incidental open access fishery (11.68 mt) resulting in a fishery
  HG of 4,679.6 mt.
\r\ Lingcod south of 40[deg]10' N lat. 13 mt is deducted from the ACL to accommodate EFP catch (1.5 mt),
  research (3.19 mt), and incidental open access fishery (8.31 mt), resulting in a fishery HG of 1,159 mt.
\s\ Longnose skate. 251.40 mt is deducted from the ACL to accommodate the Tribal fishery (220 mt), EFP catch
  (0.1 mt), and research catch (12.46 mt), and incidental open access fishery (18.84 mt), resulting in a fishery
  HG of 1,509.6 mt.
\t\ Longspine thornyhead north of 34[deg]27' N lat. 53.71 mt is deducted from the ACL to accommodate the Tribal
  fishery (30 mt), research catch (17.49 mt), and the incidental open access fishery (6.22 mt), resulting in a
  fishery HG of 2,398.3 mt.
\u\ Longspine thornyhead south of 34[deg]27' N lat. 2.24 mt is deducted from the ACL to accommodate research
  catch (1.41 mt) and the incidental open access fishery (0.83 mt), resulting in a fishery HG of 771.8mt.
\v\ Pacific cod. 506.1 mt is deducted from the ACL to accommodate the Tribal fishery (500 mt), EFP fishing (0.1
  mt), research catch (5.47 mt), and the incidental open access fishery (0.53 mt), resulting in a fishery HG of
  1,093.9 mt.
\w\ Pacific ocean perch north of 40[deg]10' N lat. 24.73 mt is deducted from the ACL to accommodate the Tribal
  fishery (9.2 mt), EFP fishing (0.1 mt), research catch (5.39 mt), and the incidental open access fishery
  (10.04 mt), resulting in a fishery HG of 3,686.2 mt.
\x\ The 2022 OFL of 715,643 mt is based on the 2022 assessment with an F40 percent of FMSY proxy. The 2022
  coastwide Total Allowable Catch (TAC) is 545,000 mt. The U.S. TAC is 73.88 percent of the coastwide TAC. The
  2022 U.S. TAC is 402,646 mt. From the U.S. TAC, 70,463 mt is deducted to accommodate the Tribal fishery, and
  750 mt is deducted to accommodate research and bycatch in other fisheries, resulting in a 2022 fishery HG of
  331,433 mt. The TAC for Pacific whiting is established under the provisions of the Agreement with Canada on
  Pacific Hake/Whiting and the Pacific Whiting Act of 2006, 16 U.S.C. 7001-7010, and the international exception
  applies. Therefore, no ABC or ACL values are provided for Pacific whiting.
\y\ Petrale sole. 387.54 mt is deducted from the ACL to accommodate the Tribal fishery (350 mt), EFP catch (0.1
  mt), research (24.14 mt), and the incidental open access fishery (13.3 mt), resulting in a fishery HG of
  3,272.5 mt.
\z\ Sablefish north of 36[deg] N lat. This coastwide ACL value is not specified in regulations. The coastwide
  ACL value is apportioned north and south of 36[deg] N lat., using a rolling 5-year average estimated swept
  area biomass from the NMFS NWFSC trawl survey, with 78.4 percent apportioned north of 36[deg] N lat. and 21.5
  percent apportioned south of 36[deg] N lat. The northern ACL is 6,566 mt and is reduced by 656.6 mt for the
  Tribal allocation (10 percent of the ACL north of 36[deg] N lat.). The 656.6 mt Tribal allocation is reduced
  by 1.7 percent to account for discard mortality. Detailed sablefish allocations are shown in Table 1c.
\aa\ Sablefish south of 36[deg] N lat. The ACL for the area south of 36[deg] N lat. is 1,809 mt (21.6 percent of
  the calculated coastwide ACL value). 27.4 mt is deducted from the ACL to accommodate research (2.40 mt) and
  the incidental open access fishery (25 mt), resulting in a fishery HG of 1,781.6 mt.
\bb\ Shortspine thornyhead north of 34[deg]27' N lat. 78.4 mt is deducted from the ACL to accommodate the Tribal
  fishery (50 mt), EFP catch (0.1 mt), and research catch (10.48 mt), and the incidental open access fishery
  (17.82 mt), resulting in a fishery HG of 1,314.6 mt for the area north of 34[deg]27' N lat.
\cc\ Shortspine thornyhead south of 34[deg]27' N lat. 6.71 mt is deducted from the ACL to accommodate research
  catch (0.71 mt) and the incidental open access fishery (6 mt), resulting in a fishery HG of 730.3 mt for the
  area south of 34[deg]27' N lat.
\dd\ Spiny dogfish. 344 mt is deducted from the ACL to accommodate the Tribal fishery (275 mt), EFP catch (1.1
  mt), research (34.27 mt), and the incidental open access fishery (33.63 mt), resulting in a fishery HG of
  1,241 mt.

[[Page 21865]]

 
\ee\ Splitnose rockfish south of 40[deg]10' N lat. Splitnose rockfish in the north is managed in the Slope
  Rockfish complex and with stock-specific harvest specifications south of 40[deg]10' N lat. 18.42 mt is
  deducted from the ACL to accommodate EFP catch (1.5 mt), research (11.17 mt), and the incidental open access
  fishery (5.75 mt), resulting in a fishery HG of 1,611.6 mt.
\ff\ Starry flounder. 48.38 mt is deducted from the ACL to accommodate the Tribal fishery (2 mt), EFP catch (0.1
  mt), research (0.57 mt), and the incidental open access fishery (45.71 mt), resulting in a fishery HG of 343.6
  mt.
\gg\ Widow rockfish. 248.32 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), EFP catch
  (28 mt), research (17.27 mt), and the incidental open access fishery (3.05 mt), resulting in a fishery HG of
  13,539.7 mt.
\hh\ Yellowtail rockfish north of 40[deg]10' N lat. 1,037.55 mt is deducted from the ACL to accommodate the
  Tribal fishery (1,000 mt), EFP catch (10 mt), research (20.55 mt), and the incidental open access fishery (7
  mt), resulting in a fishery HG of 4,793.5 mt.
\ii\ Black rockfish/Blue rockfish/Deacon rockfish (Oregon). 2.32 mt is deducted from the ACL to accommodate the
  EFP catch (0.5 mt), research (0.08 mt), and the incidental open access fishery (1.74 mt), resulting in a
  fishery HG of 597.7 mt.
\jj\ Cabezon/kelp greenling (Washington). 2 mt is deducted from the ACL to accommodate the Tribal fishery,
  therefore the fishery HG is 15 mt.
\kk\ Cabezon/kelp greenling (Oregon). 0.21 mt is deducted from the ACL to accommodate EFP catch (0.1 mt),
  research (0.05 mt), and the incidental open access fishery (0.06 mt), resulting in a fishery HG of 189.8 mt.
\ll\ Nearshore Rockfish north of 40[deg]10' N lat. 3.08 mt is deducted from the ACL to accommodate the Tribal
  fishery (1.5 mt), EFP catch (0.5 mt), research (0.47 mt), and the incidental open access fishery (0.61 mt),
  resulting in a fishery HG of 73.9 mt. State-specific HGs are 17.7 mt (Washington), 22.2 mt (Oregon), and 37.4
  mt (California).
\mm\ Nearshore Rockfish south of 40[deg]10' N lat. 4.42 mt is deducted from the ACL to accommodate research
  catch (2.68 mt) and the incidental open access fishery (1.74 mt), resulting in a fishery HG of 1,005.6 mt.
\nn\ Other Fish. The Other Fish complex is comprised of kelp greenling off California and leopard shark
  coastwide. 21.34 mt is deducted from the ACL to accommodate EFP catch (0.1 mt), research (6.29 mt), and the
  incidental open access fishery (14.95 mt), resulting in a fishery HG of 201.7 mt.
\oo\ Other Flatfish. The Other Flatfish complex is comprised of flatfish species managed in the PCGFMP that are
  not managed with stock-specific OFLs/ABCs/ACLs. Most of the species in the Other Flatfish complex are
  unassessed and include: butter sole, curlfin sole, flathead sole, Pacific sanddab, rock sole, sand sole, and
  rex sole. 220.89 mt is deducted from the ACL to accommodate the Tribal fishery (60 mt), EFP catch (0.1 mt),
  research (23.63 mt), and the incidental open access fishery (137.16 mt), resulting in a fishery HG of 4,617.1
  mt.
\pp\ Shelf Rockfish north of 40[deg]10' N lat. 72.44 mt is deducted from the ACL to accommodate the Tribal
  fishery (30 mt), EFP catch (1.5 mt), research (15.32 mt), and the incidental open access fishery (25.62 mt),
  resulting in a fishery HG of 1,377.6 mt.
\qq\ Shelf Rockfish south of 40[deg]10' N lat. 132.77 mt is deducted from the ACL to accommodate EFP catch (50
  mt), research catch (15.1 mt), and the incidental open access fishery (67.67 mt) resulting in a fishery HG of
  1,295.2 mt.
\rr\ Slope Rockfish north of 40[deg]10' N lat. 65.89 mt is deducted from the ACL to accommodate the Tribal
  fishery (36 mt), EFP catch (1.5 mt), and research (10.51 mt), and the incidental open access fishery (18.88
  mt), resulting in a fishery HG of 1,502.1 mt.
\ss\ Slope Rockfish south of 40[deg]10' N lat. 38.94 mt is deducted from the ACL to accommodate EFP catch (1
  mt), and research (18.21 mt), and the incidental open access fishery (19.73 mt), resulting in a fishery HG of
  666.1 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 40-10-adjusted ACL. Harvest of blackgill rockfish in all
  groundfish fisheries south of 40[deg]10' N lat. counts against this HG of 174 mt.

0
4. Revise Table 2b to part 660, subpart C, to read as follows:

                               Table 2b to Part 660, Subpart C--2022, 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...................            42.2               8             3.4              92            38.8
Arrowtooth flounder.......................  Coastwide...................         6,362.9              95         6,044.8               5           318.1
Big skate \a\.............................  Coastwide...................         1,331.7              95         1,265.1               5            66.6
Bocaccio \a\..............................  S of 40[deg]10' N lat.......         1,676.2           39.04           654.4           60.96         1,021.8
Canary rockfish \a\.......................  Coastwide...................         1,237.6          72.281           894.6          27.719           343.1
Chilipepper rockfish......................  S of 40[deg]10' N lat.......         2,161.3              75           1,621              25           540.3
Cowcod \a\................................  S of 40[deg]10' N lat.......              50              36              18              64              32
Darkblotched rockfish.....................  Coastwide...................           811.9              95           771.3               5            40.6
Dover sole................................  Coastwide...................        4,8402.8              95        45,982.7               5         2,420.1
English sole..............................  Coastwide...................         8,850.4              95         8,407.8               5           442.5
Lingcod...................................  N of 40'10[deg] N lat.......         4,679.6              45         2,105.8              55         2,573.8
Lingcod \a\...............................  S of 40'10[deg] N lat.......           1,159              40           463.6              60           695.4
Longnose skate \a\........................  Coastwide...................         1,509.6              90         1,358.6              10             151
Longspine thornyhead......................  N of 34[deg]27' N lat.......         2,398.3              95         2,278.4               5           119.9
Pacific cod...............................  Coastwide...................         1,093.9              95         1,039.2               5            54.7
Pacific ocean perch.......................  N of 40[deg]10' N lat.......         3,686.3              95           3,502               5           184.3
Pacific whiting \c\.......................  Coastwide...................         331,443             100        331, 443               0               0
Petrale sole \a\..........................  Coastwide...................         3,272.5  ..............         3,242.5  ..............              30
                                                                                         ---------------------------------------------------------------
Sablefish.................................  N of 36[deg] N lat..........              NA                           See Table 1c
                                                                                         ---------------------------------------------------------------
Sablefish.................................  S of 36[deg] N lat..........         1,781.6              42           748.3              58         1,033.3
Shortspine thornyhead.....................  N of 34[deg]27' N lat.......         1,314.6              95         1,248.9               5            65.7
Shortspine thornyhead.....................  S of 34[deg]27' N lat.......           730.3  ..............              50  ..............           680.3
Splitnose rockfish........................  S of 40[deg]10' N lat.......         1,611.6              95           1,531               5            80.6
Starry flounder...........................  Coastwide...................           343.6              50           171.8              50           171.8
Widow rockfish \a\........................  Coastwide...................        13,539.7  ..............        13,139.7  ..............             400
Yellowtail rockfish.......................  N of 40[deg]10' N lat.......         4,783.5              88         4,209.5              12             574
Other Flatfish............................  Coastwide...................         4,617.1              90         4,155.4              10           461.7
Shelf Rockfish \a\........................  N of 40[deg]10' N lat.......         1,377.6            60.2           829.3            39.8           548.3
Shelf Rockfish \a\........................  S of 40[deg]10' N lat.......         1,295.2            12.2             158            87.8         1,137.2
Slope Rockfish............................  N of 40[deg]10' N lat.......         1,502.1              81         1,216.7              19           285.4

[[Page 21866]]

 
Slope Rockfish \a\........................  S of 40[deg]10' N lat.......           666.1  ..............           523.9  ..............           142.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Allocations decided through the biennial specification process.
\b\ The cowcod fishery harvest guideline is further reduced to an ACT of 50 mt.
\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)
----------------------------------------------------------------------------------------------------------------
                                                                                       2021            2022
                                                                                    shorebased      shorebased
                  IFQ species                                 Area                     trawl           trawl
                                                                                    allocation      allocation
                                                                                       (mt)            (mt)
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH............................  Coastwide.......................             3.3             3.4
Arrowtooth flounder...........................  Coastwide.......................        7,376.02        5,974.77
Bocaccio......................................  South of 40[deg]10' N lat.......          663.75          654.38
Canary rockfish...............................  Coastwide.......................          880.96          858.56
Chilipepper...................................  South of 40[deg]10' N lat.......         1,695.2           1,621
Cowcod........................................  South of 40[deg]10' N lat.......              18              18
Darkblotched rockfish.........................  Coastwide.......................          743.39          694.94
Dover sole....................................  Coastwide.......................       45,972.65       45,972.65
English sole..................................  Coastwide.......................         8,478.2         8,407.9
Lingcod.......................................  North of 40[deg]10' N lat.......        2,275.78        2,090.83
Lingcod.......................................  South of 40[deg]10' N lat.......           435.6           463.6
Longspine thornyhead..........................  North of 34[deg]27' N lat.......        2,451.28        2,278.38
Pacific cod...................................  Coastwide.......................        1,039.21        1,039.21
Pacific halibut (IBQ).........................  North of 40[deg]10' N lat.......            69.6            69.6
Pacific ocean perch...........................  North of 40[deg]10' N lat.......        3,337.74        3,201.94
Pacific whiting...............................  Coastwide.......................         127,682         139,202
Petrale sole..................................  Coastwide.......................         3,692.9         3,237.5
Sablefish.....................................  North of 36[deg] N lat..........        3,139.59        2,985.42
Sablefish.....................................  South of 36[deg] N lat..........             786             748
Shortspine thornyhead.........................  North of 34[deg]27' N lat.......        1,212.12        1,178.87
Shortspine thornyhead.........................  South of 34[deg]27' N lat.......              50              50
Splitnose rockfish............................  South of 40[deg]10' N lat.......        1,565.20        1,531.00
Starry flounder...............................  Coastwide.......................           171.8           171.8
Widow rockfish................................  Coastwide.......................       13,600.68       12,663.68
Yellowtail rockfish...........................  North of 40[deg]10' N lat.......        4,091.13         3,898.4
Other Flatfish complex........................  Coastwide.......................        4,088.00        4,120.40
Shelf Rockfish complex........................  North of 40[deg]10' N lat.......          831.07          794.56
Shelf Rockfish complex........................  South of 40[deg]10' N lat.......          159.24          158.02
Slope Rockfish complex........................  North of 40[deg]10' N lat.......          938.58          916.71
Slope Rockfish complex........................  South of 40[deg]10' N lat.......           526.4           523.9
----------------------------------------------------------------------------------------------------------------

* * * * *

[FR Doc. 2022-07839 Filed 4-12-22; 8:45 am]
BILLING CODE 3510-22-P


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