Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Rules and Regulations 67095 

associated with larger GOM haddock 

catches, as well as other healthy 

groundfish stocks such as pollock and 

Acadian redfish, that would likely have 

been foregone due to the lower catch 

limit of GOM haddock. 

The Assistant Administrator for 

Fisheries, NOAA, finds good cause to 

waive the requirement for a 30-day 

delay in effectiveness under the 

provisions of section 553(d) of the 

Administrative Procedure Act. As stated 

above, this action would benefit the 

affected fishermen and fishing 

communities by increasing revenues 

due to larger GOM haddock catch limits, 

and provide more opportunity for 

commercial groundfish vessels to 

harvest their allocations of other stocks 

caught concurrently. This rule relieves a 

restriction by increasing the catch limit 

for GOM haddock and, consequently, 

extends fishing opportunity for 

fishermen that would otherwise be 

constrained under the current catch 

limits, which are based on outdated 

biological information and therefore, 

needlessly restrictive. If implementation 

of this rulemaking were delayed to 

allow for a 30-day delay in 

effectiveness, the fishery would likely 

forego some amount of the increase in 

catch level and the resulting additional 

fishing opportunity and could suffer an 

early end to the fishing season. Without 

immediate effectiveness of this action, if 

the common pool is projected to catch 

its current catch limit, an in-season 

action would be needed to implement a 

more restrictive trip limit to ensure the 

common pool did not exceed its current 

catch limit. Similarly, sector vessels 

would still be required to end fishing 

effort in the GOM if they reached their 

allocations under the current GOM 

haddock catch limit. While these 

restrictions would be alleviated after 

this rule becomes effective, the lost 

economic opportunity of foregone 

catches that would result from a delay 

in the effectiveness of this action may 

not be recouped in the time remaining 

before the end of fishing year 2014. For 

these reasons, the AA finds good cause 

to implement this rule immediately. 

NMFS has consulted with the Office 

of Information and Regulatory Affairs 

(OIRA) and due to the circumstances 

described above this action is exempt 

from review under Executive Order 

12866. 

This rule is exempt from the 

procedures of the Regulatory Flexibility 

Act to prepare a regulatory flexibility 

analysis because the rule is issued 

without opportunity for prior public 

comment. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: November 6, 2014. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2014–26748 Filed 11–10–14; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 660 

[Docket No. 120814338–2711–02] 

RIN 0648–BE59 

Magnuson-Stevens Act Provisions; 

Fisheries Off West Coast States; 

Biennial Specifications and 

Management Measures; Inseason 

Adjustments 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; inseason adjustments 

to biennial groundfish management 

measures. 

SUMMARY: This final rule announces 

inseason changes to management 

measures in the Pacific Coast groundfish 

fisheries. This action, which is 

authorized by the Pacific Coast 

Groundfish Fishery Management Plan 

(PCGFMP), is intended to allow 

fisheries to access more abundant 

groundfish stocks while protecting 

overfished and depleted stocks. 

DATES: Effective 0001 hours (local time) 

November 12, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Gretchen Hanshew (West Coast Region, 

NMFS), phone: 206–526–6147, fax: 206– 

526–6736, gretchen.hanshew@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This final rule is accessible via the 

Internet at the Office of the Federal 

Register’s Web site at http://

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

or http://federalregister.gov. Background 

information and documents are 

available at the Pacific Fishery 

Management Council’s Web site at 

http://www.pcouncil.org/. Copies of the 

final environmental impact statement 

(FEIS) for the 2013–2014 Groundfish 

Specifications and Management 

Measures are available from Donald 

McIsaac, Executive Director, Pacific 

Fishery Management Council (Council), 

7700 NE Ambassador Place, Portland, 

OR 97220, phone: 503–820–2280. 

Background 

The PCGFMP and its implementing 

regulations at title 50 in the Code of 

Federal Regulations (CFR), part 660, 

subparts C through G, regulate fishing 

for over 90 species of groundfish off the 

coasts of Washington, Oregon, and 

California. Groundfish specifications 

and management measures are 

developed by the Pacific Fishery 

Management Council (Council), and are 

implemented by NMFS. 

On November 14, 2012, NMFS 

published a proposed rule to implement 

the 2013–2014 harvest specifications 

and management measures for most 

species of the Pacific Coast groundfish 

fishery (77 FR 67974). The final rule to 

implement the 2013–2014 harvest 

specifications and management 

measures for most species of the Pacific 

Coast Groundfish Fishery was published 

on January 3, 2013 (78 FR 580). 

The Council, in coordination with 

Pacific Coast Treaty Indian Tribes and 

the States of Washington, Oregon, and 

California, recommended changes to 

current groundfish management 

measures at its October 17, 2014 

meeting. Specifically, the Council 

recommended changing the amount of 

darkblotched rockfish initially deducted 

from the annual catch limit (ACL) to 

account for mortality in the incidental 

open access sector from 18.4 metric tons 

(mt) to 15.4 mt. The Council also 

recommended that the corresponding 3 

mt of darkblotched rockfish previously 

deducted from the ACL be made 

available to the catcher/processor (C/P) 

sector of the at-sea Pacific whiting 

fishery. This rule implements the 

Council’s recommended changes. 

As part of the biennial harvest 

specifications and management 

measures, ACLs are set for non-whiting 

groundfish species, deductions are 

made from the ACL for various sources 

of mortality (including non-groundfish 

fisheries that catch groundfish 

incidentally, also called incidental open 

access fisheries) and the remainder, the 

fishery harvest guideline, is allocated 

amongst the various groundfish 

fisheries. The limited availability of 

overfished species that can be taken as 

incidental catch in the Pacific whiting 

fisheries, particularly darkblotched 

rockfish, Pacific ocean perch, and 

canary rockfish, led NMFS to 

implement sector-specific allocations 

for these species to the Pacific whiting 

fisheries. If the sector-specific allocation 

for a non-whiting species is reached, 

NMFS may close one or more of the atsea sectors automatically, per 

regulations at § 660.60(d). At the start of 

2014, the C/P and Mothership (MS) 


wreier-aviles on DSK5TPTVN1PROD with RULES
67096 Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Rules and Regulations 

sectors of the Pacific whiting fishery 

were allocated 9.0 mt and 6.3 mt of 

darkblotched rockfish, respectively, per 

allocation regulations at 

§ 660.55(c)(1)(i)(A). 

Reapportionment of Darkblotched 

Rockfish From the Catcher/Processor 

Sector to the Mothership Sector 

From May 15, 2014 through October 

10, 2014, the fishery for Pacific whiting 

in the MS sector was prosecuted with 

very low bycatch of darkblotched 

rockfish (less than 2 mt). On the 

morning of October 11, 2014, an 

unexpectedly high bycatch incident of 

darkblotched rockfish occurred 

(approximately 5 mt), bringing the total 

catch of darkblotched rockfish for the 

MS sector to 7.0 mt, exceeding the MS 

sector allocation of 6.3 mt. MS fishery 

participants instituted a voluntary 

closure of their sector on October 11, 

2014 and submitted a letter to NMFS on 

October 14, 2014 requesting that NMFS 

consider transferring an additional 3 mt 

of darkblotched rockfish to the MS 

sector so that they can re-open the 

fishery and have the opportunity to 

harvest the remaining 2014 Pacific 

whiting allocation. In response to the 

unexpected closure of the MS sector, the 

Council convened an emergency 

meeting on October 17, 2014 to consider 

options for redistributing darkblotched 

rockfish allocations and also to address 

high catch of Chinook salmon in the 

whiting fisheries. 

At its meeting the Council was made 

aware that, as of October 15, 2014, 

harvest of darkblotched rockfish in the 

C/P sector was 2.9 mt; well-below the 

2014 allocation of 9.0 mt. Industry 

representatives of the C/P sector 

submitted a cease fishing report to 

NMFS on October 17, 2014 indicating 

that they did not intend to harvest 3.0 

mt of darkblotched rockfish, and that it 

could be transferred from their initial 

2014 allocation (e.g. lower their 

available darkblotched rockfish from 9.0 

mt to 6.0 mt) and used to raise the 

available amount of darkblotched 

rockfish in the MS sector (from 6.3 mt 

to 9.3 mt). Therefore, on October 17, 

2014, consistent with the Council’s 

recommendation, NMFS reapportioned 

3.0 mt of darkblotched rockfish from the 

C/P sector to the MS sector as an 

automatic action pursuant to 

§§ 660.160(c)(5) and 660.60(d), reducing 

the C/P darkblotched rockfish allocation 

from 9.0 mt to 6.0 mt and increasing the 

MS allocation from 6.3 mt to 9.3 mt, 

which allowed the MS sector to reopen. 

Transferring Darkblotched Rockfish to 

the Catcher/Processor Sector via 

Inseason Action 

To maintain 2014 harvest 

opportunities for the catcher/processor 

(C/P) sector of the Pacific whiting 

fishery, the Council considered moving 

darkblotched rockfish quota from the 

incidental open access fishery to the C/ 

P sector. At the start of 2014 the 

projected annual mortality of 

darkblotched rockfish in the incidental 

open access fishery was 15.0 mt and the 

amount deducted from the ACL to 

account for this projected mortality was 

18.4 mt, leaving 3.4 mt of darkblotched 

rockfish projected to go unharvested 

through the end of 2014. In addition, 

estimated actual mortality in the 

incidental open access fishery in 2011 

and 2012 was only 5.4 mt and 5.0 mt, 

respectively, and no landed catch of 

darkblotched rockfish had been reported 

to date. Therefore, the Council 

recommended redistributing 3 mt of 

darkblotched rockfish from the ‘‘off-thetop’’ deductions that were made at the 

start of the 2013–2014 biennium, and 

giving that 3 mt to the C/P sector to 

accommodate potential bycatch of 

darkblotched rockfish as the C/P sector 

prosecutes the remainder of its 2014 

Pacific whiting fishery. This rule 

implements the Council’s 

recommendation. Recent mortality of 

darkblotched rockfish in the incidental 

open access fishery has been low and 

the projected mortality indicates it will 

not exceed the 15.4 mt accounted for in 

the remaining off-the-top deduction 

after transferring the 3 mt to the C/P 

sector. Reapportionment of 

darkblotched rockfish, when combined 

with projected impacts from all other 

sources, is also not expected to result in 

greater impacts to other overfished 

species than originally projected 

through the end of the year. 

Minimizing Incidental Catch of Chinook 

Salmon 

In addition to considering recent 

catches and potential reapportionment 

of darkblotched rockfish, the Council 

also considered the most recently 

available fishery information on 

incidental catch of Chinook salmon in 

the Pacific whiting fishery. As of 

October 17, 2014, the best available 

information indicated that the Pacific 

whiting fishery had taken at least 11,000 

Chinook salmon, exceeding the 

incidental take amount specified in the 

current biological opinion addressing 

the fishery’s impacts on listed 

salmonids. 

This rule transfers additional 

darkblotched rockfish to the C/P sector 

with the intent of allowing the sector to 

attain its full 2014 allocations of Pacific 

whiting, as was anticipated to occur 

through the end of 2014. To reduce 

bycatch rates of Chinook salmon in the 

C/P sector, the C/P Cooperative has 

committed to taking all reasonable 

actions to further reduce Chinook 

bycatch, including ceasing any further 

fishing for whiting if the C/P sector 

catches a further 275 Chinook after 

October 17, 2014. This is fewer Chinook 

than would have been projected based 

on earlier bycatch rates. The C/P sector 

has already demonstrated success at 

avoiding Chinook by fishing in deeper 

waters. In addition, the MS sector is 

taking measures to fish in in deeper 

water and implement time/area closures 

to maintain a lower daily bycatch rate 

of Chinook salmon. These measures are 

being taken in addition to fishing 

seaward of the Ocean Salmon 

Conservation Zone. Therefore, fishing 

opportunities to harvest the remaining 

2014 allocation of Pacific whiting in the 

at-sea fisheries, which are facilitated by 

the transferring of darkblotched rockfish 

implemented through this rule, are not 

anticipated to increase the bycatch rate 

of Chinook salmon and should result in 

minimizing additional interactions. 

Classification 

This final rule makes routine inseason 

adjustments to groundfish fishery 

management measures, based on the 

best available information, consistent 

with the PCGFMP and its implementing 

regulations. 

This action is taken under the 

authority of 50 CFR 660.60(c) and is 

exempt from review under Executive 

Order 12866. 

The aggregate data upon which these 

actions are based are available for public 

inspection at the Office of the 

Administrator, West Coast Region, 

NMFS, during business hours. 

NMFS finds good cause to waive prior 

public notice and comment on the 

revisions to groundfish management 

measures under 5 U.S.C. 553(b) because 

notice and comment would be 

impracticable and contrary to the public 

interest. Also, for the same reasons, 

NMFS finds good cause to waive the 30- 

day delay in effectiveness pursuant to 5 

U.S.C. 553(d)(3), so that this final rule 

may become effective November 12, 

2014. 

At the October emergency Council 

meeting, the Council recommended that 

reapportionment of darkblotched 

rockfish to the C/P sector be 

implemented as quickly as possible. 

There was not sufficient time after that 

meeting to draft this document and 

undergo proposed and final rulemaking 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Rules and Regulations 67097 

before this action needs to be in effect. 

For the actions implemented in this 

final rule, affording the time necessary 

for prior notice and opportunity for 

public comment would prevent transfer 

of darkblotched rockfish to the C/P 

sector until later in the season, or 

potentially eliminate the possibility or 

doing so during the 2014 calendar year 

entirely, and is therefore impractical. 

Failing to reapportion darkblotched 

rockfish to the C/P sector in a timely 

manner could result in unnecessary 

restriction of fisheries if the C/P sector 

exceeded its darkblotched allocation. 

Providing the C/P sector fishermen an 

opportunity to harvest their limits of 

Pacific whiting without interruption 

and without exceeding their 

darkblotched rockfish bycatch limit 

allows harvest as intended by the 

Council, consistent with the best 

scientific information available. The 

whiting fishery contributes a large 

amount of revenue to the coastal 

communities of Washington and Oregon 

and this change allows continued 

harvest of Pacific whiting while 

continuing to prevent ACLs of 

overfished species and the allocations 

for target species from being exceeded. 

No aspect of this action is controversial, 

and changes of this nature were 

anticipated in the biennial harvest 

specifications and management 

measures established for 2013–2014. 

Delaying these changes would also 

keep management measures in place 

that are not based on the best available 

information. Such delay would impair 

achievement of the PCGFMP goals and 

objectives of managing for appropriate 

harvest levels while providing for yearround fishing and marketing 

opportunities. Accordingly, for the 

reasons stated above, NMFS finds good 

cause to waive prior notice and 

comment and to waive the delay in 

effectiveness. 

NMFS has reinitiated section 7 

consultation on the PCGFMP with 

respect to its effects on listed salmonids. 

In the event the consultation identifies 

either reasonable and prudent 

alternatives to address jeopardy 

concerns or reasonable and prudent 

measures to minimize incidental take, 

NMFS would exercise necessary 

authorities in coordination to the extent 

possible with the Council to put such 

additional alternatives or measures into 

place. After reviewing the available 

information, NMFS has concluded that, 

consistent with sections 7(a)(2) and 7(d) 

of the ESA, this action will not 

jeopardize any listed species, would not 

adversely modify any designated critical 

habitat, and will not result in any 

irreversible or irretrievable commitment 

of resources that would have the effect 

of foreclosing the formulation or 

implementation of any reasonable and 

prudent alternative measures. 

List of Subjects in 50 CFR Part 660 

Fisheries, Fishing, Indian Fisheries. 

Dated: November 6, 2014. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, 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 

■ 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. 

■ 2. In subpart C, tables 2a and 2b are 

revised to read as follows: 

TABLE 2a TO PART 660, SUBPART C—2014, AND BEYOND, SPECIFICATIONS OF OFL, ABC, ACL, ACT AND FISHERY

HARVEST, GUIDELINES

[Weights in metric tons] 

Species Area OFL ABC ACL a Fishery HG b

Arrowtooth flounder c ..................... Coastwide ..................................... 6,912 5,758 5,758 3,671 

Black d e ......................................... N of 46°16′ N. lat ......................... 428 409 409 395 

S of 46°16′ N. lat ......................... 1,166 1,115 1,000 1,000 

Bocaccio f ...................................... S of 40°10′ N. lat ......................... 881 842 337 328.6 

Cabezon g h .................................... 46°16′ to 42° N. lat ...................... 49 47 47 47 

S of 42° N. lat .............................. 165 158 158 158 

California scorpionfish i ................. S of 34°27′ N. lat ......................... 122 117 117 115 

Canary rockfish m .......................... Coastwide ..................................... 741 709 119 101.5 

Chilipepper k .................................. S of 40°10′ N. lat ......................... 1,722 1,647 1,647 1,423 

Cowcod l ........................................ S of 40°10′ N. lat ......................... 12 9 3 2.9 

Darkblotched rockfish m ................. Coastwide ..................................... 553 529 330 309.2 

Dover sole n ................................... Coastwide ..................................... 77,774 74,352 25,000 23,410 

English sole o ................................ Coastwide ..................................... 5,906 5,646 5,646 5,543 

Lingcod p g ..................................... N of 40°10′ N. lat ......................... 3,162 2,878 2,878 2,600 

S of 40°10′ N. lat ......................... 1,276 1,063 1,063 1,054 

Longnose skate r ........................... Coastwide ..................................... 2,816 2,692 2,000 1,928 

Longspine thornyhead s ................ N of 34°27′ N. lat ......................... 3,304 2,752 1,958 1,912 

S of 34°27′ N. lat ......................... 347 344 

Minor nearshore rockfish north t ... N of 40°10′ N. lat ......................... 110 94 94 94 

Minor shelf rockfish northu ............ N of 40°10′ N. lat ......................... 2,195 1,932 968 903 

Minor slope rockfish north v .......... N of 40°10′ N. lat ......................... 1,153 1,414 1,160 1,098 

Minor nearshore rockfish south w .. S of 40°10′ N. lat ......................... 1,160 1,001 990 990 

Minor shelf rockfish south x ........... S of 40°10′ N. lat ......................... 1,913 1,620 714 668.0 

Minor slope rockfish south y .......... S of 40°10′ N. lat ......................... 685 622 622 601 

Other fish z .................................... Coastwide ..................................... 6,802 4,697 4,697 4,520 

Other flatfish aa .............................. Coastwide ..................................... 10,060 6,982 4,884 4,682 

Pacific cod bb ................................. Coastwide ..................................... 3,200 2,221 1,600 1,191 

Pacific ocean perch (POP) cc ........ N of 40°10′ N. lat ......................... 838 801 153 136.5 

Pacific whiting dd ............................ Coastwide ..................................... 825,000 (dd) (dd) 259,370 

Petrale sole ee ............................... Coastwide ..................................... 2,774 2,652 2,652 2,418.0 

Sablefish ff gg .................................. N of 36° N. lat .............................. 7,158 6,535 4,349 See Table 1c 

S of 36° N. lat .............................. 1,560 1,555 

Shortbelly hh ................................... Coastwide ..................................... 6,950 5,789 50 48 


wreier-aviles on DSK5TPTVN1PROD with RULES
67098 Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Rules and Regulations 

TABLE 2a TO PART 660, SUBPART C—2014, AND BEYOND, SPECIFICATIONS OF OFL, ABC, ACL, ACT AND FISHERY

HARVEST, GUIDELINES—Continued 

[Weights in metric tons] 

Species Area OFL ABC ACL a Fishery HG b

Shortspine thornyhead ii ................ N of 34°27′ N. lat ......................... 2,310 2,208 1,525 1,466 

S of 34°27′ N. lat ......................... 393 351 

Splitnose jj ...................................... S of 40°10′ N. lat ......................... 1,747 1,670 1,670 1,658 

Starry flounder kk ........................... Coastwide ..................................... 1,834 1,528 1,528 1,521 

Widow ll .......................................... Coastwide ..................................... 4,435 4,212 1,500 1,411 

Yelloweye rockfish mm ................... Coastwide ..................................... 51 43 18 12.2 

Yellowtail nn ................................... N of 40°10′ N. lat ......................... 4,584 4,382 4,382 3,681 

aACLs, ACTs and HGs are specified as total catch values. 

bFishery harvest guidelines means the harvest guideline or quota after subtracting from the ACL or ACT Pacific Coast treaty Indian tribes allocations and projected catch, projected research catch, deductions for fishing mortality in non-groundfish fisheries, and deductions for EFPs. cArrowtooth flounder. The stock was last assessed in 2007 and was estimated to be at 79 percent of its unfished biomass in 2007. The OFL 

of 6,912 mt is based on the 2007 assessment with an F30% FMSY proxy. The ABC of 5,758 mt is a 17 percent reduction from the OFL (s=0.72/ 

P*=0.40) as it’s a category 2 stock. Because the stock is above B25%, the ACL is set equal to the ABC. 2,087.39 mt is deducted from the ACL for 

the Tribal fishery (2,041 mt), the incidental open access fishery (30 mt), and research catch (16.39 mt), resulting in a fishery HG of 3,671 mt. dBlack rockfish north (Washington). A stock assessment was prepared for black rockfish north of 45°46′ N. lat. (Cape Falcon, Oregon) in 

2007. The biomass in the north was estimated to be at 53 percent of its unfished biomass in 2007. The OFL from the assessed area is based on 

the 2007 assessment with a harvest rate proxy of F50%. The resulting OFL for the area north of 46°16 N. lat. is 428 mt and is 97 percent of the 

OFL from the assessed area based on the area distribution of historical catch. The ABC of 409 mt for the north is a 4 percent reduction from the 

OFL (s=0.36/P*=0.45) as it’s a category 1 stock. The ACL was set equal to the ABC since the stock is above B40%. 14 mt is deducted from the 

ACL for the Tribal fishery, resulting in a fishery HG of 395 mt. eBlack rockfish south (Oregon and California). A stock assessment was prepared for black rockfish south of 45°46 N. lat. (Cape Falcon, Oregon) to Central California in 2007. The biomass in the south was estimated to be at 70 percent of its unfished biomass in 2007. The OFL from 

the assessed area is based on the 2007 assessment with a harvest rate proxy of F50% plus 3 percent of the OFL from the stock assessment prepared for black rockfish north of 45°46′ N. lat. The resulting OFL for the area south of 46°16 N. lat. is 1,166 mt. The ABC of 1,115 mt and is a 4 

percent reduction from the OFL (s=0.36/P*=0.45) as it’s a category 1 stock. The 2013 and 2014 ACL is 1,000 mt, which maintains the constant 

catch strategy designed to keep the stock biomass above B40%. There are no deductions from the ACL thus the fishery HG is equal to the ACL. 

The black rockfish ACL, in the area south of 46°16′ N. lat. (Columbia River), is subdivided with separate HGs being set for waters off Oregon 

(580 mt/58 percent) and for waters off California (420 mt/42 percent). fBocaccio. A bocaccio stock assessment update was prepared in 2011 for the bocaccio stock between the U.S.-Mexico border and Cape Blanco. 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. Historical catch distribution of approximately 6 percent was used to apportion the assessed stock to the area north of 40°10′ N. lat. 

The bocaccio stock was estimated to be at 26 percent of its unfished biomass in 2011. The OFL of 881 mt is based on the 2011 stock assessment STAT model with an FMSY proxy of F50%. The ABC of 842 mt is a 4 percent reduction from the OFL (s=0.36/P*=0.45) as it’s a category 1 

stock. The 337 mt ACL is based on a rebuilding plan with a target year to rebuild of 2022 and an SPR harvest rate of 77.7 percent. 8.4 mt is deducted from the ACL for the incidental open access fishery (0.7 mt), EFP catch (6.0 mt) and research catch (1.7 mt), resulting in a fishery HG of 

328.6 mt. The California recreational fishery has an HG of 172.5 mt. g Cabezon (Oregon). A cabezon stock assessment was prepared in 2009. The cabezon biomass in waters off Oregon was estimated to be at 

52 percent of its unfished biomass in 2009. The OFL of 49 mt was calculated using an FMSY proxy of F45%. The ABC of 47 mt was based on a 4 

percent reduction from the OFL (s=0.36/P*=0.45) as it’s a category 1 species. Because the stock is above B40%, the ACL is set equal to the 

ABC. There are no deductions from the ACL so the fishery HG is also equal to the ACL at 47 mt. Cabezon in waters off Oregon were removed 

from the ‘‘other fish’’ complex in 2011. h Cabezon (California). A cabezon stock assessment was prepared in 2009. The cabezon biomass in waters off California was estimated to be 

at 48 percent of its unfished biomass in 2009. The OFL of 165 mt was calculated using an FMSY proxy of F45%. The ABC of 158 mt was based 

on a 4 percent reduction from the OFL (s=0.36/P*=0.45) as it’s a category 1 stock. Because the stock is above B40%, the ACL is set equal to the 

ABC. There are no deductions from the ACL so the fishery HG is also equal to the ACL at 158 mt. i California scorpionfish was assessed in 2005 and was estimated to be at 80 percent of its unfished biomass in 2005. The OFL of 122 mt is 

based on the 2005 assessment with a harvest rate proxy of F50%. The ABC of 117 mt is a 4 percent reduction from the OFL (s=0.36/P*=0.45) as 

it’s a category 1 stock. Because the stock is above B40%, the ACL is set equal to the ABC. 2 mt is deducted from the ACL for the incidental open 

access fishery, resulting in a fishery HG of 115 mt. 

j Canary rockfish. A canary rockfish stock assessment update was prepared in 2011 and the stock was estimated to be at 24 percent of its 

unfished biomass coastwide in 2011. The coastwide OFL of 741 mt is based on the new assessment with a FMSY proxy of F50%. The ABC of 709 

mt is a 4 percent reduction from the OFL (s=0.36/P*=0.45) as it’s a category 1 stock. The ACL of 119 mt is based on a rebuilding plan with a 

target year to rebuild of 2030 and a SPR harvest rate of 88.7 percent. 17.5 mt is deducted from the ACL for the Tribal fishery (9.5 mt), the incidental open access fishery (2 mt), EFP catch (1.5 mt) and research catch (4.5 mt) resulting in a fishery HG of 101.5 mt. Recreational HGs are 

being specified: Washington, 3.2; Oregon 11.1 mt; and California 23 mt. k Chilipepper. The coastwide chilipepper stock was assessed in 2007 and estimated to be at 70 percent of its unfished biomass coastwide in 

2006. 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. Projected OFLs are stratified north and south of 40°10′ N. latitude based on the average 1998–2008 assessed area catch, which 

is 93 percent for the area south of 40°10′ N. latitude and 7 percent for the area north of 40°10′ N. latitude. South of 40°10′ N. lat., the OFL of 

1,722 mt is based on the 2007 assessment with an FMSY proxy of F50%. The ABC of 1,647 mt is a 4 percent reduction from the OFL (s=0.36/

P*=0.45) as it’s a category 1 stock. Because the unfished biomass is estimated to be above 40 percent of the unfished biomass, the ACL was 

set equal to the ABC. 224 mt is deducted from the ACL for the incidental open access fishery (5 mt), EFP fishing (210 mt), and research catch 

(9 mt), resulting in a fishery HG of 1,423 mt. l Cowcod. A stock assessment update prepared in 2009 estimated the stock to be 5 percent of its unfished biomass in 2009. The OFLs for the 

Monterey and Conception areas were summed to derive the south of 40°10 N. lat. OFL of 12 mt. The ABC for the area south of 40°10′ N. lat. is 

9 mt. The assessed portion of the stock in the Conception Area was considered category 2, with a Conception Area contribution to the ABC of 5 

mt, which is a 17 percent reduction from the OFL (s=0.72/P*=0.40). The unassessed portion of the stock in the Monterey area was considered a 

category 3 stock, with a contribution to the ABC of 3 mt, which is a 31 percent reduction from the OFL (s=1.44/P*=0.40). A single ACL of 3 mt is 

being set for both areas combined. The ACL of 3 mt is based on a rebuilding plan with a target year to rebuild of 2068 and an SPR rate of 82.7 

percent. 0.1 mt is deducted from the ACL for the amount anticipated to be taken during research activity (0.1 mt), resulting in a fishery HG of 2.9 

mt. 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Rules and Regulations 67099 

m Darkblotched rockfish. A stock assessment update was prepared in 2011, and the stock was estimated to be at 30.2 percent of its unfished 

biomass in 2011. The OFL is projected to be 553 mt and is based on the 2011 stock assessment with an FMSY proxy of F50%. The ABC of 529 

mt is a 4 percent reduction from the OFL (s=0.36/P*=0.45) as it’s a category 1 stock. The ACL of 330 mt is based on a rebuilding plan with a 

target year to rebuild of 2025 and an SPR harvest rate of 64.9 percent. 20.8 mt is deducted from the ACL for the Tribal fishery (0.1 mt), the incidental open access fishery (18.4 mt), EFP catch (0.2 mt) and research catch (2.1 mt), resulting in a fishery HG of 309.2 mt. Of the 18.4 mt initially deducted from the ACL to account for mortality in the incidental open access fishery, 3.0 mt is distributed to the catcher/processor fishery 

consistent with 660.60(c)(3)(ii). n Dover sole. A 2011 Dover sole assessment estimated the stock to be at 83.7 percent of its unfished biomass in 2011. The OFL of 77,774 mt 

is based on the results of the 2011 stock assessment with an FMSY proxy of F30%. The ABC of 74,352 mt is a 4 percent reduction from the OFL 

(s=0.36/P*=0.45) as it’s a category 1 stock. Because the stock is above B25% coastwide, the ACL could be set equal to the ABC. However, the 

ACL of 25,000 mt is set at a level below the ABC and higher than the maximum historical landed catch. 1,590 mt is deducted from the ACL for 

the Tribal fishery (1,497 mt), the incidental open access fishery (55 mt) and research catch (38 mt), resulting in a fishery HG of 23,410 mt. oEnglish sole. A stock assessment update was prepared in 2007. The stock was estimated to be at 116 percent of its unfished biomass in 

2007. The OFL of 5,906 mt is based on the results of the 2007 assessment update with an FMSY proxy of F30%. The ABC of 5,646 mt is a 4 percent reduction from the OFL (s=0.36/P*=0.45) as it’s a category 1 stock. Because the stock is above B25%, the ACL was set equal to the ABC. 

103 mt is deducted from the ACL for the Tribal fishery (91 mt), the incidental open access fishery (7 mt) and research catch (5 mt), resulting in a 

fishery HG of 5,543 mt. p Lingcod north. A lingcod stock assessment was prepared in 2009. The lingcod biomass off Washington and Oregon was estimated to be at 

62 percent of its unfished biomass in 2009. The OFL of 3,162 mt was calculated using an FMSY proxy of F45%. The ABC of 2,878 mt was based 

on a 4 percent reduction from the OFL (s=0.36/P*=0.45) for the area north of 42° N. lat. as it’s a category 1 stock, and 17 percent reduction from 

the OFL (s=0.72/P*=0.40) for the area between 42° N. lat. and 40°10′ N. lat. as it’s a category 2 stock. The ACL was set equal to the ABC. 

277.7 mt is deducted from the ACL for the Tribal fishery (250 mt), the incidental open access fishery (16 mt) and research catch (11.67 mt), resulting in a fishery HG of 2,600 mt. q Lingcod south. A lingcod stock assessment was prepared in 2009. The lingcod biomass off California was estimated to be at 74 percent of its 

unfished biomass in 2009. The OFL of 1,276 mt was calculated using an FMSY proxy of F45%. The ABC of 1,063 mt was based on a 17 percent 

reduction from the OFL (s=0.72/P*=0.40) as it’s a category 2 stock. The ACL was set equal to the ABC. 9 mt is deducted from the ACL for the 

incidental open access fishery (7 mt) and EFP fishing (2 mt), resulting in a fishery HG of 1,054 mt. r Longnose skate. A stock assessment was prepared in 2007 and the stock was estimated to be at 66 percent of its unfished biomass. The 

OFL of 2,816 mt is based on the 2007 stock assessment with an FMSY proxy of F45%. The ABC of 2,692 mt is a 4 percent reduction from the 

OFL (s=0.36/P*=0.45) as it’s a category 1 stock. The ACL of 2,000 mt is a fixed harvest level that provides greater access to the stock. 72.18 mt 

is deducted from the ACL for the Tribal fishery (56 mt), incidental open access fishery (3 mt), and research catch (13.18 mt), resulting in a fishery HG of 1,928 mt. s Longspine thornyhead. A coastwide stock assessment was conducted in 2005 and the stock was estimated to be at 71 percent of its

unfished biomass in 2005. A coastwide OFL of 3,304 mt is based on the 2005 stock assessment with a F50% FMSY proxy. The ABC of 2,752 mt 

is a 17 percent reduction from the OFL (s=0.72/P*=0.40) as it’s a category 2 stock. For the portion of the stock that is north of 34°27′ N. lat., the 

ACL is 1,958 mt, and is 79 percent of the coastwide OFL for the biomass found in that area reduced by an additional 25 percent as a precautionary adjustment. 46 mt is deducted from the ACL for the Tribal fishery (30 mt), the incidental open access fishery (3 mt), and research 

catch (13 mt) resulting in a fishery HG of 1,912 mt. For that portion of the stock south of 34°27′ N. lat. the ACL is 347 mt and is 21 percent of 

the coastwide OFL reduced by 50 percent as a precautionary adjustment. 3 mt is deducted from the ACL for the incidental open access fishery 

(2 mt), and research catch (1 mt) resulting in a fishery HG of 344 mt. t Minor nearshore rockfish north. The OFL of 110 mt is the sum of the OFL contributions for the component species within the complex. The 

ABCs for the minor rockfish complexes are based on a sigma value of 0.72 for category 2 stocks (blue rockfish in California) and 1.44 for category 3 stocks (all others) with a P* of 0.45. The resulting ABC of 94 mt is the summed contribution of the ABCs for the component species. The 

ACL is set equal to the complex ABC. No deductions are made to the ACL, thus the fishery HG is equal to the ACL, which is 94 mt. u Minor shelf rockfish north. The OFL of 2,195 mt is the sum of the OFL contributions for the component species within the complex. The 

ABCs for the minor rockfish complexes are based on a sigma value of 0.72 for category 2 stocks (greenspotted rockfish between 40°10′ and 42° 

N. lat. and greenstriped rockfish) and 1.44 for category 3 stocks (all others) with a P* of 0.45. The resulting ABC of 1,932 mt is the summed contribution of the ABCs for the component species. The ACL of 968 mt is the same as the 2012 ACL. 65.24 mt is deducted from the ACL for the 

Tribal fishery (30 mt), the incidental open access fishery (26 mt), EFP catch (3 mt) and research catch (6.24 mt) resulting in a fishery HG of 

902.8 mt. v Minor slope rockfish north. The OFL of 1,553 mt is the sum of the OFL contributions for the component species within the complex. The 

ABCs for the northern minor slope rockfish complex is based on a sigma value of 0.36 for category 1 stocks (splitnose rockfish) and 1.44 for category 3 stocks (all others) with a P* of 0.45. The resulting ABC of 1,414 mt is the summed contribution of the ABCs for the component species. 

The ACL of 1,160 mt is the same as the 2012 ACL. 62 mt is deducted from the ACL for the Tribal fishery (36 mt), the incidental open access 

fishery (19 mt), EFP catch (1 mt) and research catch (6 mt), resulting in a fishery HG of 1,098 mt. w Minor nearshore rockfish south. The OFL of 1,160 mt is the sum of the OFL contributions for the component species within the complex. The 

ABC for the southern minor nearshore rockfish complex is based on a sigma value of 0.36 for category 1 stocks (gopher rockfish north of 34°27′ 

N. lat.), 0.72 for category 2 stocks (blue rockfish north of 34°27′ N. lat.) and 1.44 for category 3 stocks (all others) with a P* of 0.45. The resulting minor nearshore rockfish south ABC, which is the summed contribution of the ABCs for the component species within the complex, is 1,001 

mt. The ACL is the same as the 2012 ACL. There are no deductions from the ACL, resulting in a fishery HG of 990 mt. Blue rockfish south of 

42° N. latitude has a species-specific HG of 236 mt. 

x Minor shelf rockfish south. The OFL of 1,913 mt is the sum of the OFL contributions for the component species within the complex. The 

ABCs for the southern minor shelf rockfish complex is based on a sigma value of 0.72 for category 2 stocks (greenspotted and greenstriped 

rockfish) and 1.44 for category 3 stocks (all others) with a P* of 0.45. The resulting ABC of 1,620 mt is the summed contribution of the ABCs for 

the component species. The ACL of 714 mt is the same as the 2012 ACL. 46 mt is deducted from the ACL for the incidental open access fishery 

(9 mt), EFP catch (31 mt) and research catch (6 mt), resulting in a shelf fishery HG of 668 mt. y Minor slope rockfish south. The OFL of 685 mt is the sum of the OFL contributions for the component species within the complex. The ABC 

for the southern minor slope rockfish complex is based on a sigma value of 0.72 for category 2 stocks (bank and blackgill rockfish) and 1.44 for 

category 3 stocks (all others) with a P* of 0.45. The resulting ABC of 622 mt is the summed contribution of the ABCs for the component species. 

The ACL is equal to the ABC. 21 mt is deducted from the ACL for the incidental open access fishery (17 mt), EFP catch (2 mt) and research 

catch (2 mt), resulting in a slope fishery HG of 601 mt. Blackgill rockfish has species-specific HGs: 27 mt for the limited entry fixed gear fishery; 

18 mt for the open access fishery. z ‘‘Other fish’’ is composed entirely of groundfish FMP species that are neither rockfish (family Scorpaenidae) nor flatfish, and most of these 

species are unassessed, with the exception of spiny dogfish, was assessed in 2011 and is a category 2 stock. The OFL of 6,802 mt is the sum 

of the OFL contributions for the component species within the complex. The OFL contribution for spiny dogfish is projected from the 2011 assessment using an F45% FMSY proxy harvest rate. The ABC of 4,697 mt is calculated by applying a P* of 0.40 and a sigma of 1.44 to the OFLs 

calculated for the category 3 stocks (i.e., all stocks other than spiny dogfish) and a P* of 0.30 and a sigma of 0.72 to the OFL calculated for 

spiny dogfish. The resulting ABC for the complex is the summed contribution of the ABCs calculated for the component stocks. The ACL is set 

equal to the ABC. 177 mt is deducted from the ACL for the Tribal fishery (112 mt), the incidental open access fishery (50 mt), EFP catch (3 mt) 

and research catch (12 mt), resulting in an ‘‘other fish’’ fishery HG of 4,520 mt. 


wreier-aviles on DSK5TPTVN1PROD with RULES
67100 Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Rules and Regulations 

aa ‘‘Other flatfish’’ are the unassessed flatfish species that do not have individual OFLs/ABCs/ACLs and include butter sole, curlfin sole, flathead sole, Pacific sand dab, rex sole, rock sole, and sand sole. The other flatfish OFL of 10,060 mt is based on the sum of the OFL contributions of the component stocks. The ABC of 6,982 mt is a 31 percent reduction from the OFL (s=1.44/P*=0.40) as the complex is composed of 

category 3 stocks. The ACL of 4,884 mt is the 2011 and 2012 ACL carried forward as there have been no significant changes in the status or 

management of stocks within the complex. 202 mt is deducted from the ACL for the Tribal fishery (60 mt), the incidental open access fishery 

(125 mt), and research catch (17 mt), resulting in a fishery HG of 4,682 mt. bbPacific cod. The 3,200 mt OFL is based on the maximum level of historic landings. The ABC of 2,221 mt is a 31 percent reduction from the 

OFL (s=1.44/P*=0.40) as it’s a category 3 stock. The 1,600 mt ACL is the OFL reduced by 50 percent as a precautionary adjustment. 409.04 mt 

is deducted from the ACL for the Tribal fishery (400 mt), research fishing (7.04 mt), and the incidental open access fishery (2.0 mt), resulting in a 

fishery HG of 1,191 mt. ccPacific Ocean Perch. A POP stock assessment was prepared in 2011 and the stock was estimated to be at 19.1 percent of its unfished biomass in 2011. The OFL of 838 mt for the area north of 40°10 N. lat. is based on the 2011 stock assessment with an F50% FMSY proxy. The ABC 

of 801 mt is a 4 percent reduction from the OFL (s=0.36/P*=0.45) as it’s a category 1 stock. The ACL of 153 mt is based on a rebuilding plan 

with a target year to rebuild of 2051 and an SPR harvest rate of 86.4 percent. 16.5 mt is deducted from the ACL for the Tribal fishery (10.9 mt), 

open access fishery (0.4 mt) and research catch (5.2 mt), resulting in a fishery HG of 136.5 mt. ddPacific whiting. The most recent stock assessment was prepared in January 2014. The 2014 Fishery Harvest Guideline (Fishery HG) is calculated as follows. U.S. TAC of 316,206 mt minus 55,336 mt for the Tribal allocation minus 1,500 mt for catch in research activities and as nongroundfish bycatch, resulting in a fishery harvest guideline of 259,370 mt. The TAC for Pacific whiting is established under the provisions of the 

Pacific Hake/Whiting Agreement with Canada 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. The 2014 OFL of 825,000 mt is based on the 2014 assessment with an F40%

FMSY proxy. eePetrale sole. A petrale sole stock assessment was prepared for 2011. In 2011 the petrale sole stock was estimated to be at 18 percent of its 

unfished biomass. The OFL of 2,774 mt is based on the 2011 assessment with an F30% FMSY proxy. The ABC of 2,652 mt is a 4 percent reduction from the OFL (s=0.36/P*=0.45) as it’s a category 1 stock. The ACL is set equal to the ABC. 234 mt is deducted from the ACL for the Tribal 

fishery (220 mt), the incidental open access fishery (2.4 mt), and research catch (11.6 mt), resulting in a fishery HG of 2,418 mt. ffSablefish north. A coastwide sablefish stock assessment was prepared in 2011. The coastwide sablefish biomass was estimated to be at 33 

percent of its unfished biomass in 2011. The coastwide OFL of 7,158 mt is based on the 2011 stock assessment with an FMSY proxy of F45%. 

The ABC of 6,535 mt is an 8.7 percent reduction from the OFL (s=0.36/P*=0.40). The 40–10 harvest policy was applied to the ABC to derive a 

coastwide ACL value. Then the ACL value was apportioned north and south of 36° N. lat., using the average of annual swept area biomass 

(2003–2010) from the NMFS NWFSC trawl survey, with 73.6 percent going to the area north of 36° N. lat. and 26.4 percent going to the area 

south of 36° N. lat. The northern ACL is 4,349 mt and is reduced by 435 mt for the tribal allocation (10 percent of the ACL north of 36° N. lat.). 

The 435 mt Tribal allocation is reduced by 1.5 percent to account for discard mortality. Detailed sablefish allocations are shown in Table 1c. ggSablefish south. The ACL for the area south of 36° N. lat. is 1,560 mt (26.4 percent of the calculated coastwide ACL value). 5 mt is deducted 

from the ACL for the incidental open access fishery (2 mt) and research catch (3 mt), resulting in a fishery HG of 1,555 mt. hhShortbelly rockfish. A non-quantitative assessment was conducted in 2007. The spawning stock biomass of shortbelly rockfish was estimated at 67 percent of its unfished biomass in 2005. The OFL of 6,950 mt was recommended for the stock in 2014 with an ABC of 5,789 mt 

(s=0.72 with a P* of 0.40). The 50 mt ACL is slightly higher than recent landings and is in recognition of the stock’s importance as a forage species in the California Current ecosystem. 2 mt is deducted from the ACL for research catch, resulting in a fishery HG of 48 mt. iiShortspine thornyhead. A coastwide stock assessment was conducted in 2005 and the stock was estimated to be at 63 percent of its 

unfished biomass in 2005. A coastwide OFL of 2,310 mt is based on the 2005 stock assessment with a F50% FMSY proxy. The coastwide ABC of 

2,208 mt is a 4 percent reduction from the OFL (s=0.36/P*=0.45) as it’s a category 1 stock. For the portion of the stock that is north of 34°27′ N. 

lat., the ACL is 1,525 mt. The northern ACL is 66 percent of the coastwide OFL for the portion of the biomass found north of 34°27′ N. lat. 59.22 

mt is deducted from the ACL for the Tribal fishery (50 mt), the incidental open access fishery (2 mt), and research catch (7.22 mt) resulting in a 

fishery HG of 1,466 mt for the area north of 34°27′ N. lat. For that portion of the stock south of 34°27′ N. lat. the ACL is 393 mt which is 34 percent of the coastwide OFL for the portion of the biomass found south of 34°27′ N. lat. reduced by 50 percent as a precautionary adjustment. 42 

mt is deducted from the ACL for the incidental open access fishery (41 mt), and research catch (1 mt) resulting in a fishery HG of 351 mt for the 

area south of 34°27′ N. lat. 

jjSplitnose rockfish. A coastwide assessment was prepared in 2009 that estimated the stock to be at 66 percent of its unfished biomass in 

2009. Splitnose in the north is managed under the minor slope rockfish complex and with species-specific harvest specifications south of 40°10′ 

N. lat. The OFLs were apportioned north and south based on the average 1916–2008 assessed area catch resulting in 64.2 percent stock-specific OFL south of 40°10′ N. lat., and 35.8 percent for the contribution of splitnose rockfish to the northern minor slope rockfish complex. South of 

40°10′ N. lat. the OFL of 1,747 mt is based on the 2009 assessment with an FMSY proxy of F50%. The ABC of 1,670 mt is a 4 percent reduction 

from the OFL (s=0.36/P*=0.45) as it’s a category 1 stock. Because the unfished biomass is estimated to be above 40 percent of the unfished 

biomass, the ACL is set equal to the ABC. 12 mt is deducted from the ACL for research catch (9 mt) and EFP catch (3 mt), resulting in a fishery 

HG of 1,658 mt. kkStarry Flounder. The stock was assessed in 2005 and was estimated to be above 40 percent of its unfished biomass in 2005. For 2013, the 

coastwide OFL of 1,834 mt is based on the 2005 assessment with an FMSY proxy of F30%. The ABC of 1,528 mt is a 17 percent reduction from 

the OFL (s=0.72/P*=0.40) as it’s a category 2 stock. Because the stock is above B25%, the ACL was set equal to the ABC. 7 mt is deducted from 

the ACL for the Tribal fishery (2 mt), and the incidental open access fishery (5 mt), resulting in a fishery HG of 1,521 mt. llWidow rockfish. The stock was assessed in 2011 and was estimated to be at 51.1 percent of its unfished biomass in 2011. The OFL of 4,435 

mt is based on the 2011 stock assessment with an F50% FMSY proxy. The ABC of 4,212 mt is a 5 percent reduction from the OFL (s=0.41/

P*=0.45). A unique sigma of 0.41 was calculated for widow rockfish since the estimated variance in estimated biomass was greater than the 0.36 

used as a proxy for other category 1 stocks. A constant catch strategy will be used with an ACL of 1,500 mt. 89.2 mt is deducted from the ACL 

for the Tribal fishery (60 mt), the incidental open access fishery (89.2 mt), EFP catch (18 mt) and research catch (7.9 mt), resulting in a fishery 

HG of 1,411 mt. mm Yelloweye rockfish. A stock assessment update was prepared in 2011. The stock was estimated to be at 21.3 percent of its unfished biomass in 2011. The 51 mt coastwide OFL was derived from the base model in the new stock assessment with an FMSY proxy of F50%. The ABC 

of 43 mt is a 17 percent reduction from the OFL (s=0.72/P*=0.40) as it’s a category 2 stock. The 18 mt ACL is based on a rebuilding plan with a 

target year to rebuild of 2074 and an SPR harvest rate of 76.0 percent. 5.82 mt is deducted from the ACL for the Tribal fishery (2.3 mt), the incidental open access fishery (0.2 mt), EFP catch (0.02 mt) and research catch (3.3 mt) resulting in a fishery HG of 12.2 mt. Recreational HGs are 

being established: Washington, 2.9; Oregon, 2.6 mt; and California, 3.4 mt. nnYellowtail rockfish. A yellowtail rockfish stock assessment update was last prepared in 2005 for the area north of 40°10′ N. latitude to the 

U.S-Canadian border. Yellowtail rockfish was estimated to be at 55 percent of its unfished biomass in 2005. The OFL of 4,584 mt is based on 

the 2005 stock assessment with the FMSY proxy of F50%. The ABC of 4,382 mt is a 4 percent reduction from the OFL (s=0.36/P*=0.45) as it’s a 

category 1 stock. The ACL was set equal to the ABC, because the stock is above B40%. 701.49 mt is deducted from the ACL for the Tribal fishery (677 mt), the incidental open access fishery (3 mt), EFP catch (10 mt) and research catch (11.49 mt), resulting in a fishery HG of 3,681mt. 


wreier-aviles on DSK5TPTVN1PROD with RULES
Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Rules and Regulations 67101 

TABLE 2b TO PART 660, SUBPART C—2014, AND BEYOND, ALLOCATIONS BY SPECIES OR SPECIES GROUP

[Weights in metric tons] 

Species Fishery HG 

Allocations 

Trawl Non-trawl 

% Mt % Mt 

Arrowtooth flounder .............................................................. 3,671 95 3,487 5 184 

Bocaccio—S of 40°10′ N. lat. a ........................................... 328.6 NA 79.0 NA 249.6 

Canary rockfish a b ............................................................... 101.5 NA 54.1 NA 47.4 

Chilipepper—S of 40°10′ N. Lat .......................................... 1,423 75 1,067 25 356 

Cowcod—S of 40°10′ N. Lat. a ............................................ 2.9 NA 1.0 NA 1.9 

Darkblotched rockfish c ........................................................ 309.2 95 293.7 5 15.5 

Dover sole ............................................................................ 23,410 95 22,240 5 1,171 

English sole .......................................................................... 5,543 95 5,266 5 277 

Lingcod: 

N of 40°10′ N. lat .......................................................... 2,600 45 1,170 55 1,430 

S of 40°10′ N. lat .......................................................... 1,054 45 474 55 580 

Longnose skate a ................................................................. 1,928 90 1,735 10 193 

Longspine thornyhead 

N of 34°27′ N. lat .......................................................... 1,912 95 1,816 5 96 

Minor shelf rockfish north a .................................................. 903 60.2 543 39.8 359 

Minor slope rockfish north ................................................... 1,098 81 889 19 209 

Minor shelf rockfish south a .................................................. 668 12.2 81 87.8 587 

Minor slope rockfish south ................................................... 601 63 379 37 222 

Other flatfish ......................................................................... 4,682 90 4,214 10 468 

Pacific cod ............................................................................ 1,191 95 1,131 5 60 

POP—N of 40°10′ N. lats. d ................................................ 136.5 95 129.7 5 6.8 

Pacific whiting ...................................................................... TBA 100 TBA 0 TBA 

Petrale sole a ....................................................................... 2,418.0 NA 2383.0 NA 35.0 

Sablefish: 

N of 36° N. lat ............................................................... See Table 1c of this subpart 

S of 36° N. lat ............................................................... 1,555.0 42 653 58 902 

Shortspine thornyhead: 

N of 34°27′ N. lat .......................................................... 1,466 95 1,393 5 73 

S of 34°27′ N. lat .......................................................... 351 NA 50 NA 301 

Splitnose—S of 40°10′ N. Lat .............................................. 1,658 95 1,575 5 83 

Starry Flounder .................................................................... 1,521 50 761 50 761 

Widow e ................................................................................ 1,411 91 1,284 9 127 

Yelloweye rockfish a ............................................................ 12.2 NA 1.0 NA 11.2 

Yellowtail—N of 40°10′ N. Lat ............................................. 3,681 88 3,239 12 442 

aAllocations decided through the biennial specification process. 

b 13 mt of the total trawl allocation of canary rockfish is allocated to the at-sea whiting fisheries, as follows: 5.4 mt for the mothership fishery, 

and 7.6 mt for the catcher/processor fishery. c 9 percent (26.4 mt) of the total trawl allocation for darkblotched rockfish is allocated to the whiting fisheries, as follows: 11.1 mt for the 

shorebased IFQ fishery, 6.3 mt for the mothership fishery, and 9.0 mt for the catcher/processor fishery. Effective at 2000 hours local time on October 17, 2014, the amount of darkblotched rockfish available to the catcher/processor fishery was reduced by 3.0 mt, to 3.3 mt, and the amount 

available to the mothership fishery was raised by 3.0 mt, to 9.3 mt. The amount available to the catcher/processor fishery was subsequently 

raised back to 6.3 mt by distributing to the catcher/processor fishery 3.0 mt of the 18.4 mt initially deducted from the ACL to account for mortality 

in the incidental open access fishery, consistent with 660.60(c)(3)(ii). The tonnage calculated here for the whiting portion of the shorebased IFQ 

fishery contributes to the total shorebased trawl allocation, which is found at 660.140(d)(1)(ii)(D). d 30 mt of the total trawl allocation for POP is allocated to the whiting fisheries, as follows: 12.6 mt for the shorebased IFQ fishery, 7.2 mt for 

the mothership fishery, and 10.2 mt for the catcher/processor fishery. The tonnage calculated here for the whiting portion of the shorebased IFQ 

fishery contributes to the total shorebased trawl allocation, which is found at 660.140(d)(1)(ii)(D). e 500 mt of the total trawl allocation for widow rockfish is allocated to the whiting fisheries, as follows: 210 mt for the shorebased IFQ fishery, 

120 mt for the mothership fishery, and 170 mt for the catcher/processor fishery. The tonnage calculated here for the whiting portion of the 

shorebased IFQ fishery contributes to the total shorebased trawl allocation, which is found at 660.140(d)(1)(ii)(D). 

[FR Doc. 2014–26744 Filed 11–6–14; 4:15 pm] 

BILLING CODE 3510–22–P 


wreier-aviles on DSK5TPTVN1PROD with RULES
67102 Federal Register / Vol. 79, No. 218 / Wednesday, November 12, 2014 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 131021878–4158–02] 

RIN 0648–XD612 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pacific Ocean Perch 

in the Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for Pacific ocean perch in the 

Eastern Aleutian district (EAI) of the 

Bering Sea and Aleutian Islands 

management area (BSAI) by vessels 

participating in the BSAI trawl limited 

access fishery. This action is necessary 

to prevent exceeding the 2014 total 

allowable catch (TAC) of Pacific ocean 

perch in the EAI allocated to vessels 

participating in the BSAI trawl limited 

access fishery. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), November 6, 2014, through 

2400 hrs, A.l.t., December 31, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7269. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2014 TAC of Pacific ocean perch, 

in the EAI, allocated to vessels 

participating in the BSAI trawl limited 

access fishery was established as a 

directed fishing allowance of 806 metric 

tons by the final 2014 and 2015 harvest 

specifications for groundfish in the 

BSAI (79 FR 12108, March 4, 2014). 

In accordance with § 679.20(d)(1)(iii), 

the Regional Administrator finds that 

this directed fishing allowance has been 

reached. Consequently, NMFS is 

prohibiting directed fishing for Pacific 

ocean perch in the EAI by vessels 

participating in the BSAI trawl limited 

access fishery. 

After the effective dates of this 

closure, the maximum retainable 

amounts at § 679.20(e) and (f) apply at 

any time during a trip. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA) finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such a requirement 

is impracticable and contrary to the 

public interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay the closure of the Pacific ocean 

perch directed fishery in the EAI for 

vessels participating in the BSAI trawl 

limited access fishery. NMFS was 

unable to publish a notice providing 

time for public comment because the 

most recent, relevant data only became 

available as of November 4, 2014. The 

AA also finds good cause to waive the 

30-day delay in the effective date of this 

action under 5 U.S.C. 553(d)(3). This 

finding is based upon the reasons 

provided above for waiver of prior 

notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: November 6, 2014. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2014–26743 Filed 11–6–14; 4:15 pm] 

BILLING CODE 3510–22–P 


wreier-aviles on DSK5TPTVN1PROD with RULES