82_FR_12966 82 FR 12922 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2016 Tribal Fishery Allocations for Pacific Whiting; Reapportionment Between Tribal and Non-Tribal Sectors

82 FR 12922 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2016 Tribal Fishery Allocations for Pacific Whiting; Reapportionment Between Tribal and Non-Tribal Sectors

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 44 (March 8, 2017)

Page Range12922-12923
FR Document2017-04567

This document announces the reapportionment of 34,000 metric tons (mt) of Pacific whiting from the tribal allocation to the non- tribal commercial fishery sectors via automatic action on September 15, 2016, in order to allow full utilization of the Pacific whiting resource.

Federal Register, Volume 82 Issue 44 (Wednesday, March 8, 2017)
[Federal Register Volume 82, Number 44 (Wednesday, March 8, 2017)]
[Rules and Regulations]
[Pages 12922-12923]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04567]


=======================================================================
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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 160126053-6398-02]
RIN 0648-XF230


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2016 Tribal Fishery Allocations for 
Pacific Whiting; Reapportionment Between Tribal and Non-Tribal Sectors

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

ACTION: Reapportionment of tribal Pacific whiting allocation.

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SUMMARY: This document announces the reapportionment of 34,000 metric 
tons (mt) of Pacific whiting from the tribal allocation to the non-
tribal commercial fishery sectors via automatic action on September 15, 
2016, in order to allow full utilization of the Pacific whiting 
resource.

DATES: The reapportionment of Pacific whiting was applicable from 12 
noon local time, September 15, 2016, until December 31, 2016. Comments 
will be accepted through March 23, 2017.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2016-0009 
by any of the following methods:
     Electronic Submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal at www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0009, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Barry A. Thom., Regional Administrator, West Coast 
Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070, Attn: 
Miako Ushio.

[[Page 12923]]

    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record. All personal identifying information (e.g., name, 
address, etc.), confidential business information, or otherwise 
sensitive information submitted voluntarily by the sender will be 
publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' 
in the required fields if you wish to remain anonymous). Attachments to 
electronic comments will be accepted in Microsoft Word, Excel, or Adobe 
PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Miako Ushio (West Coast Region, NMFS), 
phone: 206-526-4644 or email: [email protected].

SUPPLEMENTARY INFORMATION: 

Electronic Access

    This document is accessible via the Internet at the Office of the 
Federal Register's Web site at http://www.thefederalregister.org/fdsys/search/home.action. Background information and documents are available at the 
Pacific Fishery Management Council's Web site at http://www.pcouncil.org/.

Background

Pacific Whiting

    Pacific whiting (Merluccius productus) is a very productive species 
with highly variable recruitment (the biomass of fish that mature and 
enter the fishery each year) and a relatively short life span when 
compared to other groundfish species. Pacific whiting has the largest 
(by volume) annual allowable harvest levels of the more than 90 
groundfish species managed under the Pacific Coast Groundfish Fishery 
Management Plan (FMP), which governs the groundfish fishery off 
Washington, Oregon, and California. The coastwide Pacific whiting stock 
is managed jointly by the United States (U.S.) and Canada, and mature 
Pacific whiting are commonly available to vessels operating in U.S. 
waters from April through December. Background on the stock assessment 
for and the establishment of the 2016 Total Allowable Catch (TAC) for 
Pacific whiting is provided in the final rule for the 2016 Pacific 
whiting harvest specifications, published May 16, 2016 (81 FR 30203). 
Pacific whiting is allocated to the Pacific Coast treaty tribes (tribal 
fishery), and to three non-tribal commercial sectors: The catcher/
processor cooperative (C/P Coop), the mothership cooperative (MS Coop), 
and the Shorebased Individual Fishery Quota (IFQ) Program.
    This document announces the reapportionment of 34,000 mt of Pacific 
whiting from the tribal allocation to the non-tribal commercial 
sectors, which was applicable on September 15, 2016. Regulations at 
Sec.  660.131(h) contain provisions that allow the Regional 
Administrator to reapportion Pacific whiting from the tribal 
allocation, specified at Sec.  660.50, that will not be harvested by 
the end of the fishing year to other sectors.

Pacific Whiting Reapportionment

    For 2016, the Pacific Coast treaty tribes were allocated 64,322 mt 
of Pacific whiting. The best available information at the time, 
indicated that there had been no harvest by the tribes to date, and at 
least 34,000 mt of the tribal allocation would not be harvested by 
December 31, 2016. To allow for full utilization of the resource, NMFS 
reapportioned 34,000 mt to the Shorebased IFQ Program, C/P Coop and MS 
Coop in proportion to each sector's original allocation on that date. 
Reapportioning this amount was expected to allow for greater attainment 
of the TAC while not limiting tribal harvest opportunities for the 
remainder of the year. On September 15, 2016, emails sent directly to 
fishing businesses and individuals, and postings on the West Coast 
Region's internet site were used to provide actual notice to the 
affected fishers. Reapportionment was effective the same day as the 
notice. NMFS waited to publish this Federal Register notice until the 
2016 fishing year had ended, and there was no longer the possibility of 
a second reapportionment.
    Amounts of Pacific whiting available for 2016 before and after the 
reapportionment were:

------------------------------------------------------------------------
                                                  Initial
                                                    2016      Final 2016
                    Sector                       allocation   allocation
                                                    (mt)         (mt)
------------------------------------------------------------------------
Tribal........................................       64,322       30,322
C/P Coop......................................      102,589      114,149
MS Coop.......................................       72,415       80,575
Shorebased IFQ Program........................      126,727      141,007
------------------------------------------------------------------------

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), found that 
good cause exists for reapportionment of whiting without affording 
prior notice and opportunity for public comment pursuant to 5 U.S.C. 
553(b)(B) because such notification would be impracticable and contrary 
to the public interest. NMFS had insufficient time to provide prior 
notice and the opportunity for public comment between the time the 
information about the progress of the fishery needed to make this 
determination became available and the time at which fishery 
modifications had to be implemented in order to allow fishers access to 
the available fish during the remainder of the fishing season. For the 
same reasons, the AA also found good cause to waive the 30-day delay in 
effectiveness for these actions, required under 5 U.S.C. 553(d)(3).
    These actions are authorized by Sec. Sec.  660.55(i), 660.60(d) and 
660.131(h) and are exempt from review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 7001 et seq.

    Dated: March 3, 2017.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2017-04567 Filed 3-7-17; 8:45 am]
BILLING CODE 3510-22-P



                                             12922             Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Rules and Regulations

                                             FEDERAL COMMUNICATIONS                                  that Channel 287C1 can be allotted at                                        Minnesota
                                             COMMISSION                                              Red Lake, Minnesota, as proposed,
                                                                                                     consistent with the minimum distance
                                             47 CFR Part 64                                          separation requirements of the                          *          *              *               *     *
                                                                                                     Commission’s rules with a site                        Red Lake ..................................     287C1
                                             [WC Docket No. 12–375, FCC 15–136]
                                                                                                     restriction 42.4 km (25.34 miles)
                                                                                                                                                               *            *            *            *     *
                                             Rates for Interstate Inmate Calling                     northwest of the community. The
                                             Services; Correction                                    reference coordinates are 47–59–00 NL                 *        *       *       *        *
                                                                                                     and 95–33–33 WL.                                      [FR Doc. 2017–04566 Filed 3–7–17; 8:45 am]
                                             AGENCY:  Federal Communications
                                             Commission.                                             DATES:   Effective April 8, 2017.                     BILLING CODE 6712–01–P

                                             ACTION: Final rule; announcement of
                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                             OMB approval; correction.                               Adrienne Y. Denysyk, Media Bureau,
                                             SUMMARY:    This document corrects the                  (202) 418–2700.                                       DEPARTMENT OF COMMERCE
                                             date for filing responses to the one-time               SUPPLEMENTARY INFORMATION:      This is a
                                             mandatory data collection published in                                                                        National Oceanic and Atmospheric
                                                                                                     synopsis of the Commission’s Report                   Administration
                                             the Federal Register of March 1, 2017,                  and Order, MB Docket No. 16–371,
                                             regarding the Office of Management and                  adopted February 22, 2017, and released
                                             Budget’s approval of data collections                                                                         50 CFR Part 660
                                                                                                     February 22, 2017. The full text of this
                                             associated with the Commission’s                        Commission decision is available for
                                             Inmate Calling Services Order (Order),                                                                        [Docket No. 160126053–6398–02]
                                                                                                     inspection and copying during normal
                                             FCC 15–136. This document corrects the
                                                                                                     business hours in the FCC’s Reference
                                             due date for responses to the one-time                                                                        RIN 0648–XF230
                                                                                                     Information Center at Portals II, CY–
                                             mandatory data collection to March 1,
                                                                                                     A257, 445 12th Street SW., Washington,
                                             2019.                                                                                                         Magnuson-Stevens Act Provisions;
                                                                                                     DC 20554. The full text is also available             Fisheries Off West Coast States;
                                             DATES:This correction is effective                      online at http://apps.fcc.gov/ecfs/. This
                                             March 8, 2017.                                                                                                Pacific Coast Groundfish Fishery; 2016
                                                                                                     document does not contain information                 Tribal Fishery Allocations for Pacific
                                             FOR FURTHER INFORMATION CONTACT:    Gil                 collection requirements subject to the                Whiting; Reapportionment Between
                                             Strobel, Pricing Policy Division,                       Paperwork Reduction Act of 1995,                      Tribal and Non-Tribal Sectors
                                             Wireline Competition Bureau, at (202)                   Public Law 104–13. The Commission
                                             418–7084 or email: gil.strobel@fcc.gov.                 will send a copy of the Report and                    AGENCY:  National Marine Fisheries
                                             SUPPLEMENTARY INFORMATION: In FR Doc.                   Order in a report to be sent to Congress              Service (NMFS), National Oceanic and
                                             2017–03900, published on March 1,                       and the Government Accountability                     Atmospheric Administration (NOAA),
                                             2017 (82 FR 12182), make the following                  Office pursuant to the Congressional                  Commerce.
                                             correction:                                             Review Act, see 5 U.S.C. 801(a)(1)(A).                ACTION: Reapportionment of tribal
                                               On page 12183, in the third column,                                                                         Pacific whiting allocation.
                                             in last sentence of the first full                      List of Subjects in 47 CFR Part 73
                                             paragraph, correct the date ‘‘March 1,                                                                        SUMMARY:    This document announces the
                                                                                                         Radio, Radio broadcasting.
                                             2017’’ to ‘‘March 1, 2019.’’                                                                                  reapportionment of 34,000 metric tons
                                                                                                     Federal Communications Commission.                    (mt) of Pacific whiting from the tribal
                                             Federal Communications Commission.
                                             Marlene H. Dortch,                                      Nazifa Sawez,                                         allocation to the non-tribal commercial
                                                                                                     Assistant Chief, Audio Division, Media                fishery sectors via automatic action on
                                             Secretary.
                                                                                                     Bureau.                                               September 15, 2016, in order to allow
                                             [FR Doc. 2017–04553 Filed 3–7–17; 8:45 am]
                                                                                                                                                           full utilization of the Pacific whiting
                                             BILLING CODE 6712–01–P                                    For the reasons discussed in the                    resource.
                                                                                                     preamble, the Federal Communications
                                                                                                     Commission amends 47 CFR part 73 as                   DATES:  The reapportionment of Pacific
                                             FEDERAL COMMUNICATIONS                                  follows:                                              whiting was applicable from 12 noon
                                             COMMISSION                                                                                                    local time, September 15, 2016, until
                                                                                                     PART 73—RADIO BROADCAST                               December 31, 2016. Comments will be
                                             47 CFR Part 73                                          SERVICES                                              accepted through March 23, 2017.
                                             [DA 17–186; MB Docket No. 16–371; RM–                                                                         ADDRESSES: You may submit comments,
                                             11777]                                                  ■ 1. The authority citation for part 73               identified by NOAA–NMFS–2016–0009
                                                                                                     continues to read as follows:                         by any of the following methods:
                                             Radio Broadcasting Services; Red                                                                                • Electronic Submissions: Submit all
                                             Lake, Minnesota                                           Authority: 47 U.S.C. 154, 303, 334, 336 and
                                                                                                     339.                                                  electronic public comments via the
                                             AGENCY:  Federal Communications                                                                               Federal eRulemaking Portal at
                                             Commission.                                             § 73.202    [Amended]                                 www.regulations.gov/
                                             ACTION: Final rule.
                                                                                                                                                           #!docketDetail;D=NOAA-NMFS-2016-
                                                                                                     ■ 2. In § 73.202, in paragraph (b), the               0009, click the ‘‘Comment Now!’’ icon,
pmangrum on DSK3GDR082PROD with RULES




                                             SUMMARY:   At the request of Red Lake                   table is amended under Minnesota by                   complete the required fields, and enter
                                             Nation, the Audio Division amends the                   adding Red Lake, Channel 287C1, in                    or attach your comments.
                                             FM Table of Allotments by allotting FM                  alphabetical order to read as follows:                  • Mail: Barry A. Thom., Regional
                                             Channel 287C1 at Red Lake, Minnesota,                                                                         Administrator, West Coast Region,
                                                                                                     § 73.202    Table of Allotments.
                                             as a Tribal Allotment and a first local                                                                       NMFS, 7600 Sand Point Way NE.,
                                             Tribal-owned service to the community.                  *       *    *     *    *                             Seattle, WA 98115–0070, Attn: Miako
                                             A staff engineering analysis indicates                      (b) Table of FM Allotments.                       Ushio.


                                        VerDate Sep<11>2014   16:38 Mar 07, 2017   Jkt 241001   PO 00000   Frm 00002   Fmt 4700   Sfmt 4700   E:\FR\FM\08MRR1.SGM       08MRR1


                                                               Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Rules and Regulations                                                   12923

                                                Instructions: Comments sent by any                   in U.S. waters from April through                     publish this Federal Register notice
                                             other method, to any other address or                   December. Background on the stock                     until the 2016 fishing year had ended,
                                             individual, or received after the end of                assessment for and the establishment of               and there was no longer the possibility
                                             the comment period, may not be                          the 2016 Total Allowable Catch (TAC)                  of a second reapportionment.
                                             considered by NMFS. All comments                        for Pacific whiting is provided in the                  Amounts of Pacific whiting available
                                             received are a part of the public record.               final rule for the 2016 Pacific whiting               for 2016 before and after the
                                             All personal identifying information                    harvest specifications, published May                 reapportionment were:
                                             (e.g., name, address, etc.), confidential               16, 2016 (81 FR 30203). Pacific whiting
                                             business information, or otherwise                      is allocated to the Pacific Coast treaty                                         Initial 2016   Final 2016
                                             sensitive information submitted                         tribes (tribal fishery), and to three non-                   Sector               allocation    allocation
                                                                                                                                                                                           (mt)         (mt)
                                             voluntarily by the sender will be                       tribal commercial sectors: The catcher/
                                             publicly accessible. NMFS will accept                   processor cooperative (C/P Coop), the                 Tribal .................        64,322        30,322
                                             anonymous comments (enter ‘‘N/A’’ in                    mothership cooperative (MS Coop), and                 C/P Coop ..........            102,589       114,149
                                             the required fields if you wish to remain               the Shorebased Individual Fishery                     MS Coop ...........             72,415        80,575
                                             anonymous). Attachments to electronic                   Quota (IFQ) Program.                                  Shorebased IFQ
                                             comments will be accepted in Microsoft                     This document announces the                          Program ........             126,727       141,007
                                             Word, Excel, or Adobe PDF file formats                  reapportionment of 34,000 mt of Pacific
                                             only.                                                   whiting from the tribal allocation to the             Classification
                                             FOR FURTHER INFORMATION CONTACT:                        non-tribal commercial sectors, which                    The Assistant Administrator for
                                             Miako Ushio (West Coast Region,                         was applicable on September 15, 2016.                 Fisheries, NOAA (AA), found that good
                                             NMFS), phone: 206–526–4644 or email:                    Regulations at § 660.131(h) contain                   cause exists for reapportionment of
                                             miako.ushio@noaa.gov.                                   provisions that allow the Regional                    whiting without affording prior notice
                                             SUPPLEMENTARY INFORMATION:                              Administrator to reapportion Pacific                  and opportunity for public comment
                                             Electronic Access                                       whiting from the tribal allocation,                   pursuant to 5 U.S.C. 553(b)(B) because
                                                                                                     specified at § 660.50, that will not be               such notification would be
                                               This document is accessible via the                   harvested by the end of the fishing year              impracticable and contrary to the public
                                             Internet at the Office of the Federal                   to other sectors.                                     interest. NMFS had insufficient time to
                                             Register’s Web site at http://                                                                                provide prior notice and the
                                             www.gpo.gov/fdsys/search/home.action.                   Pacific Whiting Reapportionment
                                                                                                                                                           opportunity for public comment
                                             Background information and documents                       For 2016, the Pacific Coast treaty                 between the time the information about
                                             are available at the Pacific Fishery                    tribes were allocated 64,322 mt of                    the progress of the fishery needed to
                                             Management Council’s Web site at                        Pacific whiting. The best available                   make this determination became
                                             http://www.pcouncil.org/.                               information at the time, indicated that               available and the time at which fishery
                                             Background                                              there had been no harvest by the tribes               modifications had to be implemented in
                                                                                                     to date, and at least 34,000 mt of the                order to allow fishers access to the
                                             Pacific Whiting                                         tribal allocation would not be harvested              available fish during the remainder of
                                               Pacific whiting (Merluccius                           by December 31, 2016. To allow for full               the fishing season. For the same reasons,
                                             productus) is a very productive species                 utilization of the resource, NMFS                     the AA also found good cause to waive
                                             with highly variable recruitment (the                   reapportioned 34,000 mt to the                        the 30-day delay in effectiveness for
                                             biomass of fish that mature and enter                   Shorebased IFQ Program, C/P Coop and                  these actions, required under 5 U.S.C.
                                             the fishery each year) and a relatively                 MS Coop in proportion to each sector’s                553(d)(3).
                                             short life span when compared to other                  original allocation on that date.                       These actions are authorized by
                                             groundfish species. Pacific whiting has                 Reapportioning this amount was                        §§ 660.55(i), 660.60(d) and 660.131(h)
                                             the largest (by volume) annual allowable                expected to allow for greater attainment              and are exempt from review under
                                             harvest levels of the more than 90                      of the TAC while not limiting tribal                  Executive Order 12866.
                                             groundfish species managed under the                    harvest opportunities for the remainder
                                                                                                                                                             Authority: 16 U.S.C. 1801 et seq. and 16
                                             Pacific Coast Groundfish Fishery                        of the year. On September 15, 2016,                   U.S.C. 7001 et seq.
                                             Management Plan (FMP), which governs                    emails sent directly to fishing
                                             the groundfish fishery off Washington,                  businesses and individuals, and                         Dated: March 3, 2017.
                                             Oregon, and California. The coastwide                   postings on the West Coast Region’s                   Emily H. Menashes,
                                             Pacific whiting stock is managed jointly                internet site were used to provide actual             Acting Director, Office of Sustainable
                                             by the United States (U.S.) and Canada,                 notice to the affected fishers.                       Fisheries, National Marine Fisheries Service.
                                             and mature Pacific whiting are                          Reapportionment was effective the same                [FR Doc. 2017–04567 Filed 3–7–17; 8:45 am]
                                             commonly available to vessels operating                 day as the notice. NMFS waited to                     BILLING CODE 3510–22–P
pmangrum on DSK3GDR082PROD with RULES




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Document Created: 2017-03-08 05:06:57
Document Modified: 2017-03-08 05:06:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionReapportionment of tribal Pacific whiting allocation.
DatesThe reapportionment of Pacific whiting was applicable from 12 noon local time, September 15, 2016, until December 31, 2016. Comments will be accepted through March 23, 2017.
ContactMiako Ushio (West Coast Region, NMFS), phone: 206-526-4644 or email: [email protected]
FR Citation82 FR 12922 
RIN Number0648-XF23

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