[Federal Register Volume 87, Number 106 (Thursday, June 2, 2022)]
[Rules and Regulations]
[Pages 33442-33450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-11728]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 220524-0122]
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: Final rule.

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SUMMARY: NMFS issues this final rule to implement the 2022 Pacific 
whiting fishery under the authority of the Pacific Coast Groundfish 
Fishery Management Plan, the Magnuson-Stevens Fishery

[[Page 33443]]

Conservation and Management Act, the Pacific Whiting Act of 2006 
(Whiting Act), and other applicable laws. This rule implements 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. These 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: Effective June 2, 2022.

ADDRESSES:

Electronic Access

    This final 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#c784a8abaea9e994a6beb5a287a9a8a6a6e9a0a8b1"><span class="__cf_email__" data-cfemail="4605292a2f286815273f3423062829272768212930">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    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. NMFS 
issued a proposed rule on April 13, 2022 (87 FR 21858) that describes 
the Agreement, including the establishment of F-40 percent default 
harvest rate, the explicit allocation of Pacific whiting coastwide 
total allowable catch (TAC) to the United States (73.88 percent) and 
Canada (26.12 percent), the bilateral bodies to implement the terms of 
the Agreement, including the Joint Management Committee (JMC), and the 
process used to determine the coastwide TAC under the Agreement. The 
proposed rule also proposed allocating 17.5 percent of the U.S. TAC of 
Pacific whiting for 2021 to Pacific Coast Indian tribes that have a 
treaty right to harvest groundfish, and implementing set-asides (750 
metric tons (mt)) for Pacific whiting for research and incidental 
mortality in other fisheries.

2022 TAC Recommendation

    The Treaty's Advisory Panel (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 2, 2022.
    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 
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.
    The JMC agreed on a recommended coastwide TAC of 545,000 mt, of 
Pacific whiting, which resulted in a U.S. TAC of 402,646 mt (73.88 
percent of 545,000 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.
    This final rule announces the U.S. TAC of 402,646 mt, and 
implements the 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, are effective until December 31, 2022.

Tribal Allocations

    This final rule establishes the tribal allocation of Pacific 
whiting for 2022 as described in the proposed rule (87 FR 21858). Since 
1996, NMFS has been allocating a portion of the U.S. TAC of Pacific 
whiting to the tribal fishery. Regulations for the Pacific Coast 
Groundfish Fishery Management Plan (FMP) specify that the tribal 
allocation is subtracted from the total U.S. Pacific whiting TAC. The 
tribal Pacific whiting fishery is managed separately from the non-
tribal Pacific whiting fishery and is not governed by limited entry or 
open access regulations or allocations. NMFS is establishing the 2022 
tribal allocation as 70,463 mt (17.5 percent of the U.S. TAC) in this 
final rule.
    In 2009, NMFS, the states of Washington and Oregon, and the tribes 
with treaty rights to harvest Pacific whiting started a process to 
determine the long-term tribal allocation for Pacific whiting; however, 
no long-term allocation has been determined. While new scientific 
information or discussions with the relevant parties may impact that 
decision, the best available scientific information to date suggests 
that 70,463 mt is within the likely range of potential treaty right 
amounts. As with prior tribal Pacific whiting allocations, this final 
rule is not intended to establish precedent for future Pacific whiting 
seasons, or for the determination of the total amount of Pacific 
whiting to which the Tribes are entitled under their treaty right. 
Rather, this rule adopts an interim allocation. The long-term tribal 
treaty amount will be based on further development of scientific 
information and additional coordination and discussion with and among 
the coastal tribes and the states of Washington and Oregon.

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 and reflects the recent average mortality that has 
declined from 942 mt in 2014-2016 to 216 mt in 2017-2019.

[[Page 33444]]

This rule implements the Council's recommendations.

Non-Tribal Harvest Guidelines and Allocations

    This final rule implements the fishery harvest guideline (HG), also 
called the non-tribal allocation as described in the proposed rule 
published on April 13, 2022 (87 FR 21858). The 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 1--2022 U.S. 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 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 CFR 660.5--660.360, and other applicable laws. Additionally, with 
this final rule, NMFS, will 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).

Comments and Responses

    NMFS issued a proposed rule on April 13, 2022 (87 FR 21858). The 
comment period on the proposed rule closed April 28, 2022. No comments 
were received during the public comment period.

Changes From the Proposed Rule

    NMFS has not made any changes to the proposed regulatory text and 
there are no substantive changes from the proposed rule.

Classification

    The Administrator, West Coast Region, NMFS, determined that the 
final rule is necessary for the conservation and management of the 
Pacific whiting and that it is consistent with section 305(d), and 
other provisions of the Magnuson-Stevens Fishery Conservation and 
Management Act, the Pacific Coast Groundfish FMP, and other applicable 
laws.
    Pursuant to 5 U.S.C. 553(d)(3), the NMFS Assistant Administrator 
finds good cause to waive the 30-day delay in the date of effectiveness 
for this final rule because such a delay would be contrary to the 
public interest. If this final rule were delayed by 30 days, Pacific 
coast whiting fishermen would not be able to fish under the final catch 
limits for Pacific whiting for that time period, and not be able to 
realize the full level of economic opportunity this rule provides. 
Waiving the 30-day delay in the date of effectiveness will allow this 
final rule to more fully benefit the fishery through increased fishing 
opportunities as described in the preamble of this rule.
    In addition, because this rule increases catch limits for Pacific 
whiting compared to the interim allocation the fishery is currently 
operating under, it therefore also falls within the 5 U.S.C. 553(d)(1) 
exception to the 30-day delay in the date of effectiveness requirement. 
The Pacific whiting fishery season began fishing on May 15, 2022 under 
interim allocations based on the lowest coastwide TAC considered in the 
proposed rule. This final rule implements a higher TAC for Pacific 
whiting than the interim allocation provided prior to the season 
opening, and implementing the rule upon publication provides the 
whiting fleet more opportunity and greater flexibility to harvest the 
optimal yield.
    Waiving the 30-day delay in effectiveness will not have a negative 
impact on any entities, as there are no new compliance requirements or 
other burdens placed on the fishing community with this rule. Making 
this rule effective immediately would also serve the best interests of 
the public because it will allow for the longest possible fishing 
season for Pacific whiting and therefore the best possible economic 
outcome for those whose livelihoods depend on this fishery. Because the 
30-day delay in effectiveness would potentially cause significant 
financial harm without providing any corresponding benefits, this final 
rule is effective upon publication in the Federal Register.
    The Office of Management and Budget has determined that this final 
rule is not significant for purposes of Executive Order 12866.
    A range of potential 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). 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 
Environmental Assessment for Amendment 29 to the Pacific Coast 
Groundfish Fishery Management Plan and 2021-22 Harvest Specifications 
and Management Measures (2021-22 EA) for the 2021-22 cycle tiers from 
the 2015/16 FEIS and focuses on the harvest specifications and 
management measures for Pacific coast groundfish stocks that were not 
within the scope of the 10 year projections in the 2015/16 FEIS. The 
2015/16 FEIS and 2021-22 EA are available from NMFS (see ADDRESSES).

Final Regulatory Flexibility Analysis

    NMFS issued a proposed rule on April 13, 2022 (87 FR 21858), for 
the 2022 Harvest Specifications for Pacific Whiting, and 2022 tribal 
allocation for Pacific whiting. An Initial Regulatory Flexibility 
Analysis (IRFA) was prepared and summarized in the Classification 
section of the preamble to the proposed rule. The comment period on the 
revised proposed rule ended on April 28, 2022. NMFS did not receive any 
public comments on the revised proposed rule. The Chief Counsel for 
Advocacy of the Small Business Administration (SBA) did not file any 
comments on the IRFA or the proposed rule. The description of this 
action, its

[[Page 33445]]

purpose, and its legal basis are described in the preamble to the 
proposed rule and are not repeated here. A Final Regulatory Flexibility 
Analysis (FRFA) was prepared and incorporates the IRFA. There were no 
public comments received on the IRFA. NMFS also prepared a RIR for this 
action. A copy of the RIR/FRFA is available from NMFS (see ADDRESSES). 
A summary of the FRFA, per the requirements of 5 U.S.C. 604 follows.
    Under the Regulatory Flexibility Act (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.

A Summary of the Significant Issues Raised by the Public in Response to 
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a 
Statement of Any Changes Made in the Final Rule as a Result of Such 
Comments

    No public comments were received on the proposed rule.

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 final rule announces the coastwide TAC and U.S. TAC and 
allocates Pacific whiting to the following sectors/programs: Tribal, 
Shorebased IFQ Program Trawl Fishery, MS Coop Program Whiting At-sea 
Trawl Fishery, and C/P Coop Program Whiting At-sea Trawl Fishery. The 
amount of Pacific whiting allocated to these sectors is based on the 
U.S. TAC.
    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 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 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

[[Page 33446]]

metric ton (e.g. $221 per metric ton), the 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.

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.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. A small 
entity compliance guide will be sent to stakeholders, and copies of the 
final rule and guides (i.e., information bulletins) are available from 
NMFS at the following website: https://www.fisheries.noaa.gov/species/pacific-whiting#management.
    With this final rule, NMFS, acting on behalf of the Secretary, 
determined that the FMP is implemented 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. Wash. 1974).
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian Fisheries.

    Dated: May 25, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is 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

[[Page 33447]]

 
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[ordm]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..
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).

[[Page 33448]]

 
\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 771.8 mt.
\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.
\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.


[[Page 33449]]

* * * * *

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
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

[[Page 33450]]

 
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. 2022-11728 Filed 6-1-22; 8:45 am]
BILLING CODE 3510-22-P


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