21858 Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Proposed Rules 

60 In deciding whether to invoke the exception by 

making and publishing a finding that this action, if 

finalized, is based on a determination of nationwide 

scope or effect, the Administrator intends to take 

into account a number of policy considerations, 

including his judgment balancing the benefit of 

obtaining the D.C. Circuit’s authoritative centralized 

review versus allowing development of the issue in 

other contexts and the best use of agency resources. 

61 In the report on the 1977 Amendments that 

revised CAA section 307(b)(1), Congress noted that 

the Administrator’s determination that the 

‘‘nationwide scope or effect’’ exception applies 

would be appropriate for any action that has a 

scope or effect beyond a single judicial circuit. See 

H.R. Rep. No. 95–294 at 323–24, reprinted in 1977 

U.S.C.C.A.N. 1402–03. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action does 

not have disproportionately high and 

adverse human health or environmental 

effects on minority populations, lowincome poulations and/or indigenous 

peoples, as specified in Executive Order 

12898 (59 FR 7629, February 16, 1994). 

The documentation for this 

determination is presented in Section 

II.B of this action, ‘‘Extension of 

Marginal Area Attainment Date,’’ and 

summarized in Section III of this action, 

‘‘Environmental Justice 

Considerations,’’ and the relevant 

documents have been placed in the 

public docket for this action. 

With respect to the determinations of 

whether areas have attained the NAAQS 

by the attainment date, the EPA has no 

discretionary authority to address EJ in 

these determinations. The CAA directs 

that within 6 months following the 

applicable attainment date, the 

Administrator shall determine, based on 

the area’s design value as of the 

attainment date, whether the area 

attained the standard by that date. CAA 

section 181(b)(2)(A). Except for any 

Severe or Extreme area, any area that the 

Administrator finds has not attained the 

standard by that date shall be 

reclassified by operation of law to either 

the next higher classification or the 

classification applicable to the area’s 

design value. Id. 

K. Judicial Review 

Section 307(b)(1) of the CAA governs 

judicial review of final actions by the 

EPA. This section provides, in part, that 

petitions for review must be filed in the 

Court of Appeals for the District of 

Columbia Circuit: (i) When the agency 

action consists of ‘‘nationally applicable 

regulations promulgated, or final actions 

taken, by the Administrator,’’ or (ii) 

when such action is locally or regionally 

applicable, if ‘‘such action is based on 

a determination of nationwide scope or 

effect and if in taking such action the 

Administrator finds and publishes that 

such action is based on such a 

determination.’’ For locally or regionally 

applicable final actions, the CAA 

reserves to the EPA complete discretion 

whether to invoke the exception in 

(ii).60

The EPA is proposing findings 

regarding attainment of the NAAQS in 

nonattainment areas within 18 states 

located in nine of the ten EPA regions 

pursuant to a uniform process and 

standard. The EPA is also proposing to 

establish SIP submission and 

implementation deadlines for all newly 

reclassified areas in the identified states 

using a common, nationwide method. 

The jurisdictions that would be affected 

by this action, if finalized, represent a 

wide geographic area, and fall within 

several different judicial circuits. 

If the Administrator takes final action 

on this proposal, then, in consideration 

of the effects of the action across the 

country, the EPA views this action to be 

‘‘nationally applicable’’ within the 

meaning of CAA section 307(b)(1). In 

the alternative, to the extent a court 

finds this proposal, if finalized, to be 

locally or regionally applicable, the 

Administrator intends to exercise the 

complete discretion afforded to him 

under the CAA to make and publish a 

finding that this action is based on a 

determination of ‘‘nationwide scope or 

effect’’ within the meaning of CAA 

section 307(b)(1).61

List of Subjects 

40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Designations and 

classifications, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen oxides, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Designations and 

classifications, Intergovernmental 

relations, Nitrogen oxides, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Michael Regan, 

Administrator. 

[FR Doc. 2022–07513 Filed 4–12–22; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: 

• 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 


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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: Colin.Sayre@noaa.gov. 

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 setasides 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 agecomposition data from 2021, weight-atage 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 growthmortality 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 


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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) 

Year U.S. TAC 1 Tribal 

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 

1Beginning 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 SetAsides 

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 setaside is unchanged from the 750 mt setaside 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° 

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° N lat. 

TABLE 2—2022 PROPOSED PACIFIC

WHITING ALLOCATIONS IN METRIC

TONS

Sector 

2022 Pacific 

whiting 

allocation (mt) 

Tribal ..................................... 70,463 

Catcher/Processor (C/P) Coop 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 


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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 MagnusonStevens 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 coop, 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 


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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 nontribal 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 nontribal 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 nontribal 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 exvessel 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 exvessel revenue. In lieu of more complete 

information on tribal deliveries, total exvessel 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 setaside amount of 750 mt recommended 

by the Council. Not implementing setasides 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. 


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Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Proposed Rules 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 

■ 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. 

■ 2. In § 660.50, revise paragraph (f)(4) 

to read as follows: 

§ 660.50 Pacific Coast treaty Indian 

fisheries. 

* * * * * 

(f) * * * 

(4) Pacific whiting. The tribal 

allocation for 2022 is 70,463 mt. 

* * * * * 

■ 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 42° N lat.) ................ 373 341 341 338.7 

Black Rockfish g ................................ Washington (N of 46°16′ N lat.) ....... 319 291 291 272.9 

Bocaccio h ......................................... S of 40°10′ N lat ............................... 1,870 1,724 1,724 1,676.2 

Cabezon i ........................................... California (S of 42° N lat.) ................ 210 195 195 193.7 

California Scorpionfish j ..................... S of 34°27′ N lat ............................... 303 275 275 271.1 

Canary Rockfish k .............................. Coastwide ......................................... 1,432 1,307 1,307 1,237.6 

Chilipepperl ....................................... S of 40°10′ N lat ............................... 2,474 2,259 2,259 2,161.3 

Cowcod m .......................................... S of 40°10′ N lat ............................... 113 82 82 70.8 

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°10′ N lat .............................. 5,395 4,974 4,958 4,679.6 

Lingcod r ............................................ S of 40°10′ N lat ............................... 1,334 1,230 1,172 1,159 

Longnose Skate s .............................. Coastwide ......................................... 2,036 1,761 1,761 1,509.6 

Longspine Thornyhead t .................... N of 34°27′ N lat .............................. 4,838 3,227 2,452 2,398.3 

Longspine Thornyhead u ................... S of 34°27′ N lat ............................... 774 771.8 

Pacific Cod v ...................................... Coastwide ......................................... 3,200 1,926 1,600 1,093.9 

Pacific Ocean Perch w ....................... N of 40°10′ N lat .............................. 4,371 3,711 3,711 3,686.3 

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° N lat ................................... 9,005 8,375 6,566 See Table 1c 

Sablefish aa ........................................ S of 36° N lat ................................... 1,809 1,781.6 

Shortspine Thornyhead bb ................. N of 34°27′ N lat .............................. 3,194 2,130 1,393 1,314.6 

Shortspine Thornyhead cc ................. S of 34°27′ N lat ............................... 737 730.3 

Spiny Dogfish dd ................................ Coastwide ......................................... 2,469 1,585 1,585 1,241.0 

Splitnose ee ........................................ S of 40°10′ N lat ............................... 1,837 1,630 1,630 1,611.6 

Starry Flounderff ............................... 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°10′ N lat .............................. 6,324 5,831 5,831 4,793.5 

Stock Complexes 

Blue/Deacon/Black Rockfish ii ........... Oregon ............................................. 672 600 600 597.7 

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°10′ N lat .............................. 93 77 77 73.9 

Nearshore Rockfish South mm ........... S of 40°10′ N lat ............................... 1,233 1,011 1,010 1,005.6 

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°10′ N lat .............................. 1,821 1,450 1,450 1,377.6 

Shelf Rockfish South qq ..................... S of 40°10′ N lat ............................... 1,832 1,429 1,428 1,295.2 

Slope Rockfish North rr ...................... N of 40°10′ N lat .............................. 1,842 1,568 1,568 1,502.1 


jspears on DSK121TN23PROD with PROPOSALS1
21864 Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Proposed Rules 

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—Continued 

Stocks Area OFL ABC ACL a Fishery HG b

Slope Rockfish South ss .................... S of 40°10′ N lat ............................... 871 705 705 666.1 

aAnnual catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total catch values. 

bFishery 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. cYelloweye 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). dArrowtooth 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. eBig 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. fBlack 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. gBlack 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. hBocaccio south of 40°10′ N lat. The stock is managed with stock-specific harvest specifications south of 40°10′ N lat. and within the Minor 

Shelf Rockfish complex north of 40°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°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°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°10′ N lat. Chilipepper are managed with stock-specific harvest specifications south of 40°10′N lat. and within 

the Minor Shelf Rockfish complex north of 40°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°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. pEnglish 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°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°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°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°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. vPacific 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°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. xThe 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. yPetrale 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. zSablefish north of 36° N lat. This coastwide ACL value is not specified in regulations. The coastwide ACL value is apportioned north and 

south of 36° 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° N lat. and 21.5 percent apportioned south of 36° 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° 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. aaSablefish south of 36° N lat. The ACL for the area south of 36° 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. bbShortspine thornyhead north of 34°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°27′ N lat. ccShortspine thornyhead south of 34°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°27′ N lat. ddSpiny 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. 


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Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Proposed Rules 21865 

eeSplitnose rockfish south of 40°10′ N lat. Splitnose rockfish in the north is managed in the Slope Rockfish complex and with stock-specific 

harvest specifications south of 40°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. ffStarry 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. ggWidow 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. hhYellowtail rockfish north of 40°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. iiBlack 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°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°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. nnOther 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. ooOther 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. ppShelf Rockfish north of 40°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. qqShelf Rockfish south of 40°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. rrSlope Rockfish north of 40°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. ssSlope Rockfish south of 40°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°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°10′ N lat. counts against this HG of 174 mt. 

■ 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] 

Stocks/stock complexes Area Fishery HG or 

ACT a b

Trawl Non-Trawl 

% 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°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°10′ N lat ................. 2,161.3 75 1,621 25 540.3 

Cowcod a ............................. S of 40°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° N lat ................ 4,679.6 45 2,105.8 55 2,573.8 

Lingcod a ............................. S of 40′10° 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°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°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° N lat ..................... NA See Table 1c 

Sablefish ............................. S of 36° N lat ..................... 1,781.6 42 748.3 58 1,033.3 

Shortspine thornyhead ........ N of 34°27′ N lat ................ 1,314.6 95 1,248.9 5 65.7 

Shortspine thornyhead ........ S of 34°27′ N lat ................. 730.3 ........................ 50 ........................ 680.3 

Splitnose rockfish ................ S of 40°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°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°10′ N lat ................ 1,377.6 60.2 829.3 39.8 548.3 

Shelf Rockfish a ................... S of 40°10′ N lat ................. 1,295.2 12.2 158 87.8 1,137.2 

Slope Rockfish .................... N of 40°10′ N lat ................ 1,502.1 81 1,216.7 19 285.4 


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21866 Federal Register / Vol. 87, No. 71 / Wednesday, April 13, 2022 / Proposed Rules 

TABLE 2b TO PART 660, SUBPART C—2022, AND BEYOND, ALLOCATIONS BY SPECIES OR SPECIES GROUP—Continued 

[Weight in metric tons] 

Stocks/stock complexes Area Fishery HG or 

ACT a b

Trawl Non-Trawl 

% Mt % Mt 

Slope Rockfish a .................. S of 40°10′ N lat ................. 666.1 ........................ 523.9 ........................ 142.2 

aAllocations decided through the biennial specification process. 

bThe cowcod fishery harvest guideline is further reduced to an ACT of 50 mt. 

c Consistent with regulations at § 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° N lat. before the start of the primary Pacific whiting season north of 

42° N lat. 

■ 5. In § 660.140, revise paragraph 

(d)(1)(ii)(D) to read as follows: 

§ 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) 

IFQ species Area 

2021 

shorebased 

trawl allocation 

(mt) 

2022 

shorebased 

trawl allocation 

(mt) 

YELLOWEYE ROCKFISH ............................................ Coastwide ..................................................................... 3.3 3.4 

Arrowtooth flounder ...................................................... Coastwide ..................................................................... 7,376.02 5,974.77 

Bocaccio ....................................................................... South of 40°10′ N lat .................................................... 663.75 654.38 

Canary rockfish ............................................................. Coastwide ..................................................................... 880.96 858.56 

Chilipepper .................................................................... South of 40°10′ N lat .................................................... 1,695.2 1,621 

Cowcod ......................................................................... South of 40°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°10′ N lat .................................................... 2,275.78 2,090.83 

Lingcod ......................................................................... South of 40°10′ N lat .................................................... 435.6 463.6 

Longspine thornyhead .................................................. North of 34°27′ N lat .................................................... 2,451.28 2,278.38 

Pacific cod .................................................................... Coastwide ..................................................................... 1,039.21 1,039.21 

Pacific halibut (IBQ) ...................................................... North of 40°10′ N lat .................................................... 69.6 69.6 

Pacific ocean perch ...................................................... North of 40°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° N lat ......................................................... 3,139.59 2,985.42 

Sablefish ....................................................................... South of 36° N lat ......................................................... 786 748 

Shortspine thornyhead ................................................. North of 34°27′ N lat .................................................... 1,212.12 1,178.87 

Shortspine thornyhead ................................................. South of 34°27′ N lat .................................................... 50 50 

Splitnose rockfish ......................................................... South of 40°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°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°10′ N lat .................................................... 831.07 794.56 

Shelf Rockfish complex ................................................ South of 40°10′ N lat .................................................... 159.24 158.02 

Slope Rockfish complex ............................................... North of 40°10′ N lat .................................................... 938.58 916.71 

Slope Rockfish complex ............................................... South of 40°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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