82_FR_22521 82 FR 22428 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2017-2018 Biennial Specifications and Management Measures; Inseason Adjustments

82 FR 22428 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2017-2018 Biennial Specifications and Management Measures; Inseason Adjustments

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 93 (May 16, 2017)

Page Range22428-22441
FR Document2017-09877

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.

Federal Register, Volume 82 Issue 93 (Tuesday, May 16, 2017)
[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Rules and Regulations]
[Pages 22428-22441]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09877]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 160808696-7010-02]
RIN 0648-BG86


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2017-2018 Biennial Specifications and 
Management Measures; Inseason Adjustments

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and

[[Page 22429]]

Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; inseason adjustments to biennial groundfish 
management measures.

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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: This final rule is effective May 12, 2017.

FOR FURTHER INFORMATION CONTACT: Gretchen Hanshew, phone: 206-526-6147, 
fax: 206-526-6736, or email: [email protected].

SUPPLEMENTARY INFORMATION: 

Electronic Access

    This rule is accessible via the Internet at the Office of the 
Federal Register Web site at https://www.federalregister.gov. 
Background information and documents are available at the Pacific 
Fishery Management Council's Web site at http://www.pcouncil.org/.

Background

    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 
April 6-11, 2017 meeting. The Council recommended taking a portion of 
the Pacific ocean perch (POP) initially deducted from the ACL that 
would likely go unharvested in 2017 and making it available to the 
mothership (MS) and catcher/processor (C/P) sectors of the at-sea 
Pacific whiting fishery; 3.5 metric tons (mt) to each sector. The 
Council also recommended a modest increase in sablefish trip limits in 
the open access fishery for the area north of 36[deg] N. lat. based on 
the best available fishery data.

Transferring POP to the MS and C/P Sectors

    As part of biennial harvest specifications and management measures, 
annual catch limits (ACLs) are set for non-whiting groundfish species, 
deductions are made ``off-the-top'' 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 among the 
groundfish fisheries. Regulations at Sec.  660.60(c)(3)(ii) allow NMFS 
to distribute these ``off-the-top'' deductions from the ACL to 
fisheries inseason under certain circumstances. Also, consistent with 
section 6.5.2 of the PCGFMP, NMFS has the authority to implement 
management measures to reduce bycatch of non-groundfish species and, 
under certain circumstances, the measures may be implemented inseason. 
However, under no circumstances may the intention of such management 
measures be simply to provide more fish to a different user group or to 
achieve other allocation objectives.
    Pacific whiting fisheries encounter Klamath River Chinook salmon 
incidentally, particularly when fishing off the central and southern 
Oregon coast. At its March, 2017 meeting, the Council received the most 
recent projections of salmon stock status (Preseason Report I) and 
considered that Klamath River Chinook will not meet escapement goals 
for 2017 by a historically large margin. At its April meeting the 
Council recommended complete closure of commercial salmon fisheries off 
southern Oregon and northern California (approximately 44[deg] N. lat. 
to 40[deg]10' N. lat.) and closure of recreational salmon fisheries in 
similar areas (approximately 42[deg]45' N. lat. to 40[deg]10' N. lat.) 
to protect Klamath River Chinook salmon.
    Chinook salmon bycatch in the Pacific whiting fishery varies by 
latitude, with 81 percent of Chinook being taken when fishing between 
Cape Falcon (45[deg]46' N. lat.) and Cape Blanco (42[deg]50' N. lat.). 
This is a similar area in which Klamath River Chinook stocks are 
commonly encountered, where all commercial and recreational salmon 
fishing in 2017 is closed. At-sea processing of Pacific whiting is 
currently prohibited south of 42[deg] N. lat. (the Oregon-California 
border) per regulations at Sec.  660.131(e). Both the MS and C/P 
sectors expressed willingness to modify operations to avoid Chinook 
salmon bycatch, but acknowledged that difficulties were likely given 
their rockfish allocations and historically high Pacific whiting 
allocations. While moving harvesting operations north to Washington and 
northern Oregon would likely reduce impacts of the Pacific whiting 
fishery on Klamath River Chinook, bycatch of POP in the Pacific whiting 
fisheries has been highest when fishing off Washington.
    At the April meeting, the MS sector requested an increase to their 
POP set-aside to accommodate northern movement of the fleet to reduce 
harvest of Klamath River Chinook and to prevent closure of the MS 
sector prior to harvesting their full allocation of Pacific whiting. At 
the start of 2017, the MS and C/P sectors of the Pacific whiting 
fishery were allocated 9.0 mt and 12.7 mt of POP, respectively, per 
regulations at Sec.  660.55(c)(1)(i)(B). The limited availability of 
overfished species that can be taken as incidental catch in the Pacific 
whiting fisheries, particularly darkblotched rockfish and POP, 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 at-sea 
sectors automatically, per regulations at Sec.  660.60(d).
    To accommodate movement of the at-sea fleets farther north, away 
from Klamath River Chinook and into waters with historically higher 
bycatch rates of POP, the Council considered moving POP quota that 
would otherwise go unharvested in the incidental open access fishery 
(primarily the pink shrimp fishery) to the MS and C/P sectors. The 
Council's intent is to maintain 2017 harvest opportunities for the MS 
and C/P sectors of the Pacific whiting fishery, while protecting 
Klamath River Chinook. At the start of 2017 a total of 49.4 mt of POP 
was deducted off-the-top from the ACL, including 10 mt to account for 
mortality in the incidental open access fishery.
    The Council also considered best available information regarding 
mortality levels of POP in the incidental open access fishery to 
evaluate whether all 49.4 mt would be taken in 2017, and if any of 
those fish that would go unharvested and could be transferred to the MS 
and C/P sectors inseason to accommodate higher POP bycatch if the fleet 
moves north to avoid Chinook. Mortality of POP in the incidental open 
access fisheries in 2011-2013 was below 0.6 mt per year, with 
uncharacteristically high mortality in 2014 of 10 mt. However, 
mortality of rockfish in the pink shrimp trawl fishery reduced 
dramatically again in 2015, with an estimated POP mortality of 0.3 mt. 
Following a 2014 research study, it is likely that use of light 
emitting diode (LED) lights in the pink shrimp fishery has become 
widespread. When LED lights were affixed to the shrimp trawl gear, the 
2014 study showed a drastic reduction in bycatch of rockfish, which is 
supported by 2015 total mortality estimates. Therefore, it is likely 
that mortality of POP in the incidental open access fishery will be 
less than 1 mt in 2017.
    Therefore, the Council recommended and NMFS is implementing a 
redistribution of 7 mt of POP, from the off-the-top deductions that 
were made at

[[Page 22430]]

the start of the 2017-2018 biennium, to the MS and C/P sectors, 3.5 mt 
to each sector, to accommodate potential bycatch of POP as each sector 
prosecutes their 2017 Pacific whiting allocations in areas where 
bycatch of Klamath River Chinook is less likely.
    This rule redistributes 7 mt of POP that is anticipated to go 
unharvested in the incidental open access fisheries through the end of 
2017 to the MS and C/P sectors, implementing the Council's 
recommendation to increase the POP set-asides to 12.5 mt for the MS 
sector and 16.2 mt for the C/P sector, and providing the fleet added 
flexibility to fish in areas where Klamath River Chinook are less 
likely to be encountered while reducing the risk of closure of the MS 
and C/P sectors prior to full attainment of the Pacific whiting 
allocation if higher bycatch rates of POP occur as expected in 2017. 
Mortality of POP in the incidental open access fishery was lower than 
anticipated in 2015, and the projected mortality for 2017 indicates it 
will be within the remaining 3 mt off-the-top deduction after 
transferring the 7 mt to the MS and C/P sectors. Transfer of POP to the 
MS and C/P sectors, when combined with projected impacts from all other 
sources, is not expected to result in greater impacts to POP or other 
overfished species than originally projected through the end of the 
year.

Open Access (OA) Sablefish Daily Trip Limit (DTL) Fisheries North of 
36[deg] N. Lat.

    To increase harvest opportunities for OA fixed gear sablefish DTL 
fisheries north of 36[deg] N. lat., the Council considered increases to 
trip limits. The Council's Groundfish Management Team (GMT) made model-
based landings projections for the OA fixed gear sablefish DTL fishery 
north of 36[deg] N. lat. for the remainder of the year. These 
projections were based on the most recent information available. The 
model predicted harvest of 80 percent (338 mt) of the OA harvest 
guideline (HG) (425 mt) under current trip limits. This indicated that 
projected catch in the OA fishery was lower than anticipated when the 
trip limits were initially established (98 percent (418 mt) of the OA 
HG). With the increase in trip limits, predicted harvest is 90 percent 
(382 mt) of the OA HG (425 mt). Projections for the limited entry fixed 
gear fishery north of 36[deg] N. lat. and for fixed gear sablefish 
fisheries south of 36[deg] N. lat. were similar to levels anticipated 
in the biennial harvest specifications and management measures, and no 
requests were made by industry for changes; therefore, and no inseason 
actions were considered. This increase in trip limits does not change 
projected impacts to co-occurring overfished species, as the projected 
impacts to those species assume that the entire sablefish ACL is 
harvested.
    Therefore, the Council recommended and NMFS is implementing trip 
limit changes for the OA sablefish DTL fishery north of 36[deg] N. lat. 
The trip limits for sablefish in the OA fishery north of 36[deg] N. 
lat. are increased from ``300 lb (136 kg) per day, or one landing per 
week of up to 900 lb (408 kg), not to exceed 1,800 lb (817 kg) per two 
months'' to ``300 lb (136 kg) per day, or one landing per week of up to 
1,000 lb (454 kg), not to exceed 2,000 lb (907 kg) per two months'' 
during period 3 through the end of the year.

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 May 12, 2017. The 
adjustments to management measures in this document affect commercial 
fisheries in Washington, Oregon and California. No aspect of this 
action is controversial, and changes of this nature were anticipated in 
the biennial harvest specifications and management measures established 
for 2017-2018.
    Accordingly, for the reasons stated below, NMFS finds good cause to 
waive prior notice and comment and to waive the delay in effectiveness.

Transferring POP to the MS and C/P Sectors

    At the April 2017 Council meeting, the Council recommended that the 
redistribution of POP to the MS and C/P sectors and be implemented as 
quickly as possible to facilitate fishing for Pacific whiting in 
northern waters to avoid bycatch of Klamath River Chinook salmon. There 
was not sufficient time after that meeting to undergo proposed and 
final rulemaking before this action needs to be in effect. Affording 
the time necessary for prior notice and opportunity for public comment 
would postpone transfer of POP to the MS and C/P sectors until later in 
the season, or potentially eliminate the possibility of doing so during 
the 2017 calendar year entirely, and is therefore impractical. Failing 
to reapportion POP to the MS and C/P sectors in a timely manner could 
result in additional impacts to Klamath River Chinook salmon if catch 
of POP approaches the MS or C/P sectors POP allocations and the fleet 
moves south to prevent a closure prior to their Pacific whiting 
allocations being harvested. It could also disproportionally 
disadvantage vessels that fish early in the season because raising the 
allocation during the season only benefits vessels fishing after the 
reapportionment. The 2015 West Coast Groundfish Observer Program 
groundfish mortality report, released over winter, indicated that 
harvest of POP in the pink shrimp fishery was much lower in 2015 than 
in 2014 and supports anecdotal information that the impacts of this 
fishery on rockfish has decreased due to recent gear modifications. 
Therefore, new information and analyses available to the Council in 
April indicate that over 7 mt of POP will go unharvested in the 
incidental open access fishery and could be redistributed per 
regulations at Sec.  660.60(c)(3)(ii).
    It is in the public interest for the MS and C/P sector fishermen to 
have an opportunity to harvest their limits of Pacific whiting without 
interruption and without exceeding their POP bycatch limits because the 
Pacific whiting fishery contributes a large amount of revenue to the 
coastal communities of Washington and Oregon. This action facilitates 
fleet dynamics to avoid bycatch of Klamath River Chinook salmon, allows 
continued harvest of Pacific whiting, and allows harvest as intended by 
the Council, consistent with the best scientific information available.

OA Sablefish DTL Fisheries North of 36[deg] N. Lat.

    At the April 2017 Council meeting, the Council recommended an 
increase to OA sablefish trip limits be implemented as quickly as 
possible to allow harvest of sablefish to approach but not exceed the 
2017 ACL. There was not sufficient time after that meeting to undergo 
proposed and final rulemaking

[[Page 22431]]

before this action needs to be in effect. Affording the time necessary 
for prior notice and opportunity for public comment would prevent NMFS 
from managing the OA sablefish DTL fishery using the best available 
science to approach, without exceeding, the ACLs for federally managed 
species in accordance with the PCGFMP and applicable law. These 
increases to trip limits must be implemented as quickly as possible 
during the two-month cumulative limit period to allow OA fixed gear 
fishermen an opportunity to harvest higher limits for sablefish without 
exceeding the ACL north of 36[deg] N. lat.
    It is in the public interest for fishermen to have an opportunity 
to harvest the sablefish ACL north of 36[deg] N. lat. because the 
sablefish fishery contributes revenue to the coastal communities of 
Washington, Oregon, and California. This action, if implemented 
quickly, is anticipated to allow catch of sablefish through the end of 
the year to approach but not exceed the ACL, and allows harvest as 
intended by the Council, consistent with the best scientific 
information available.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian fisheries.

    Dated: May 11, 2017.
Karen H. Abrams,
Acting Deputy 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

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

    Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 
U.S.C. 7001 et seq.

0
2. Tables 1a and 1b to part 660, subpart C, are revised to read as 
follows:

[[Page 22432]]

[GRAPHIC] [TIFF OMITTED] TR16MY17.004


[[Page 22433]]


    \a\ Annual catch limits (ACLs), annual catch targets (ACTs) and 
harvest guidelines (HGs) are specified as total catch values.
    \b\ Fishery harvest guidelines means the harvest guideline or 
quota after subtracting Pacific Coast treaty Indian tribes 
allocations and projected catch, projected research catch, 
deductions for fishing mortality in non-groundfish fisheries, and 
deductions for EFPs from the ACL or ACT.
    \c\ Bocaccio. A stock assessment was conducted in 2015 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[deg]10' N. lat. and within the Minor Shelf Rockfish complex north 
of 40[deg]10' N. lat. A historical catch distribution of 
approximately 7.4 percent was used to apportion the assessed stock 
to the area north of 40[deg]10' N. lat. The bocaccio stock was 
estimated to be at 36.8 percent of its unfished biomass in 2015. The 
OFL of 2,139 mt is projected in the 2015 stock assessment using an 
FMSY proxy of F50%. The ABC of 2,044 mt is a 4.4 percent reduction 
from the OFL ([sigma]=0.36/P*=0.45) because it is a category 1 
stock. The 790 mt ACL is based on the current rebuilding plan with a 
target year to rebuild of 2022 and an SPR harvest rate of 77.7 
percent. 15.4 mt is deducted from the ACL to accommodate the 
incidental open access fishery (0.8 mt), EFP catch (10 mt) and 
research catch (4.6 mt), resulting in a fishery HG of 774.6 mt. The 
California recreational fishery has an HG of 326.1 mt.
    \d\ Cowcod. A stock assessment for the Conception Area was 
conducted in 2013 and the stock was estimated to be at 33.9 percent 
of its unfished biomass in 2013. The Conception Area OFL of 58 mt is 
projected in the 2013 rebuilding analysis using an FMSY proxy of 
F50%. The OFL contribution of 12 mt for the unassessed portion of 
the stock in the Monterey area is based on depletion-based stock 
reduction analysis. The OFLs for the Monterey and Conception areas 
were summed to derive the south of 40[deg]10' N. lat. OFL of 70 mt. 
The ABC for the area south of 40[deg]10' N. lat. is 63 mt. The 
assessed portion of the stock in the Conception Area is considered 
category 2, with a Conception area contribution to the ABC of 53 mt, 
which is an 8.7 percent reduction from the Conception area OFL 
([sigma]=0.72/P*=0.45). The unassessed portion of the stock in the 
Monterey area is considered a category 3 stock, with a contribution 
to the ABC of 10 mt, which is a 16.6 percent reduction from the 
Monterey area OFL ([sigma]=1.44/P*=0.45). A single ACL of 10 mt is 
being set for both areas combined. The ACL of 10 mt is based on the 
rebuilding plan with a target year to rebuild of 2020 and an SPR 
harvest rate of 82.7 percent, which is equivalent to an exploitation 
rate (catch over age 11 + biomass) of 0.007. 2 mt is deducted from 
the ACL to accommodate the incidental open access fishery (less than 
0.1 mt), EFP fishing (less than 0.1 mt) and research activity (2 
mt), resulting in a fishery HG of 8 mt. Any additional mortality in 
research activities will be deducted from the ACL. A single ACT of 4 
mt is being set for both areas combined.
    \e\ Darkblotched rockfish. A 2015 stock assessment estimated the 
stock to be at 39 percent of its unfished biomass in 2015. The OFL 
of 671 mt is projected in the 2015 stock assessment using an FMSY 
proxy of F50%. The ABC of 641 mt is a 4.4 percent reduction from the 
OFL ([sigma]=0.36/P*=0.45) because it is a category 1 stock. The ACL 
is set equal to the ABC, as the stock is projected to be above its 
target biomass of B40% in 2017. 77.3 mt is deducted from the ACL to 
accommodate the Tribal fishery (0.2 mt), the incidental open access 
fishery (24.5 mt), EFP catch (0.1 mt), research catch (2.5 mt) and 
an additional deduction for unforeseen catch events (50 mt), 
resulting in a fishery HG of 563.8 mt.
    \f\ Pacific ocean perch. A stock assessment was conducted in 
2011 and the stock was estimated to be at 19.1 percent of its 
unfished biomass in 2011. The OFL of 964 mt for the area north of 
40[deg]10' N. lat. is based on an updated catch-only projection of 
the 2011 rebuilding analysis using an F50% FMSY proxy. The ABC of 
922 mt is a 4.4 percent reduction from the OFL ([sigma]=0.36/
P*=0.45) because it is a category 1 stock. The ACL is based on the 
current rebuilding plan with a target year to rebuild of 2051 and a 
constant catch amount of 281 mt in 2017 and 2018, followed in 2019 
and beyond by ACLs based on an SPR harvest rate of 86.4 percent. 
49.4 mt is deducted from the ACL to accommodate the Tribal fishery 
(9.2 mt), the incidental open access fishery (10 mt), research catch 
(5.2 mt) and an additional deduction for unforeseen catch events (25 
mt), resulting in a fishery HG of 231.6 mt. Of the 10 mt initially 
deducted from the ACL to account for mortality in the incidental 
open access fishery, a total of 7 mt is distributed to the 
mothership and catcher/processor sectors inseason, 3.5 mt to each 
sector consistent with Sec.  660.60(c)(3)(ii), resulting in a 3 mt 
deduction from the ACL for mortality in the incidental open access 
fishery.
    \g\ Yelloweye rockfish. A stock assessment update was conducted 
in 2011. The stock was estimated to be at 21.4 percent of its 
unfished biomass in 2011. The 57 mt coastwide OFL is based on a 
catch-only update of the 2011 stock assessment, assuming actual 
catches since 2011 and using an FMSY proxy of F50%. The ABC of 47 mt 
is a 16.7 percent reduction from the OFL ([sigma]=0.72/P*=0.40) 
because it is a category 2 stock. The 20 mt ACL is based on the 
current rebuilding plan with a target year to rebuild of 2074 and an 
SPR harvest rate of 76.0 percent. 5.4 mt is deducted from the ACL to 
accommodate the Tribal fishery (2.3 mt), the incidental open access 
fishery (0.4 mt), EFP catch (less than 0.1 mt) and research catch 
(2.7 mt), resulting in a fishery HG of 14.6 mt. Recreational HGs 
are: 3.3 mt (Washington); 3 mt (Oregon); and 3.9 mt (California).
    \h\ Arrowtooth flounder. The arrowtooth flounder stock was last 
assessed in 2007 and was estimated to be at 79 percent of its 
unfished biomass in 2007. The OFL of 16,571 mt is derived from a 
catch-only update of the 2007 stock assessment assuming actual 
catches since 2007 and using an F30% FMSY proxy. The ABC of 13,804 
mt is a 16.7 percent reduction from the OFL ([sigma]=0.72/P*=0.40) 
because it is a category 2 stock. The ACL is set equal to the ABC 
because the stock is above its target biomass of B25%. 2,098.1 mt is 
deducted from the ACL to accommodate the Tribal fishery (2,041 mt), 
the incidental open access fishery (40.8 mt), and research catch 
(16.4 mt), resulting in a fishery HG of 11,705.9 mt.
    \i\ Big skate. The OFL of 541 mt is based on an estimate of 
trawl survey biomass and natural mortality. The ABC of 494 mt is an 
8.7 percent reduction from the OFL ([sigma]=0.72/P*=0.45) as it is a 
category 2 stock. The ACL is set equal to the ABC. 57.4 mt is 
deducted from the ACL to accommodate the Tribal fishery (15 mt), the 
incidental open access fishery (38.4 mt), and research catch (4 mt), 
resulting in a fishery HG of 436.6 mt.
    \j\ Black rockfish (California). A 2015 stock assessment 
estimated the stock to be at 33 percent of its unfished biomass in 
2015. The OFL of 349 mt is projected in the 2015 stock assessment 
using an FMSY proxy of F50%. The ABC of 334 mt is a 4.4 percent 
reduction from the OFL ([sigma]=0.36/P*=0.45) because it is a 
category 1 stock. The ACL is set equal to the ABC because the stock 
is projected to be above its target biomass of B40% in 2017. 1 mt is 
deducted from the ACL to accommodate EFP catch (1 mt), resulting in 
a fishery HG of 333 mt.
    \k\ Black rockfish (Oregon). A 2015 stock assessment estimated 
the stock to be at 60 percent of its unfished biomass in 2015. The 
OFL of 577 mt is projected in the 2015 stock assessment using an 
FMSY proxy of F50%. The ABC of 527 mt is an 8.7 percent reduction 
from the OFL ([sigma]=0.72/P*=0.45) because it is a category 2 
stock. The ACL is set equal to the ABC because the stock is above 
its target biomass of B40%. 0.6 mt is deducted from the ACL to 
accommodate the incidental open access fishery (0.6 mt), resulting 
in a fishery HG of 526.4 mt.
    \l\ Black rockfish (Washington). A 2015 stock assessment 
estimated the stock to be at 43 percent of its unfished biomass in 
2015. The OFL of 319 mt is projected in the 2015 stock assessment 
using an FMSY proxy of F50%. The ABC of 305 mt is a 4.4 percent 
reduction from the OFL ([sigma]=0.36/P*=0.45) because it is a 
category 1 stock. The ACL is set equal to the ABC because the stock 
is above its target biomass of B40%. 18 mt is deducted from the ACL 
to accommodate the Tribal fishery, resulting in a fishery HG of 287 
mt.
    \m\ Blackgill rockfish. Blackgill rockfish contributes to the 
harvest specifications for the Minor Slope Rockfish South complex. 
See footnote pp.
    \n\ Cabezon (California). A cabezon stock assessment was 
conducted in 2009. The cabezon spawning biomass in waters off 
California was estimated to be at 48.3 percent of its unfished 
biomass in 2009. The OFL of 157 mt is calculated using an FMSY proxy 
of F45%. The ABC of 150 mt is based on a 4.4 percent reduction from 
the OFL ([sigma]=0.36/P*=0.45) because it is a category 1 stock. The 
ACL is set equal to the ABC because the stock is above its target 
biomass of B40%. 0.3 mt is deducted from the ACL to accommodate the 
incidental open access fishery, resulting in a fishery HG of 149.7 
mt.
    \o\ Cabezon (Oregon). A cabezon stock assessment was conducted 
in 2009. The cabezon spawning biomass in waters off Oregon was 
estimated to be at 52 percent of its unfished biomass in 2009. The 
OFL of 49 mt is calculated using an FMSY proxy of

[[Page 22434]]

F45%. The ABC of 47 mt is based on a 4.4 percent reduction from the 
OFL ([sigma]=0.36/P*=0.45) because it is a category 1 species. The 
ACL is set equal to the ABC because the stock is above its target 
biomass of B40%. There are no deductions from the ACL so the fishery 
HG is also equal to the ACL of 47 mt.
    \p\ California scorpionfish. A California scorpionfish 
assessment was conducted in 2005 and was estimated to be at 79.8 
percent of its unfished biomass in 2005. The OFL of 289 mt is based 
on projections from a catch-only update of the 2005 assessment 
assuming actual catches since 2005 and using an FMSY harvest rate 
proxy of F50%. The ABC of 264 mt is an 8.7 percent reduction from 
the OFL ([sigma]=0.72/P*=0.45) because it is a category 2 stock. The 
ACL is set at a constant catch amount of 150 mt. 2.2 mt is deducted 
from the ACL to accommodate the incidental open access fishery (2 
mt) and research catch (0.2 mt), resulting in a fishery HG of 147.8 
mt. An ACT of 111 mt is established.
    \q\ Canary rockfish. A stock assessment was conducted in 2015 
and the stock was estimated to be at 55.5 percent of its unfished 
biomass coastwide in 2015. The coastwide OFL of 1,793 mt is 
projected in the 2015 assessment using an FMSY harvest rate proxy of 
F50%. The ABC of 1,714 mt is a 4.4 percent reduction from the OFL 
([sigma]=0.36/P*=0.45) because it is a category 1 stock. The ACL is 
set equal to the ABC because the stock is above its target biomass 
of B40%. 247 mt is deducted from the ACL to accommodate the Tribal 
fishery (50 mt), the incidental open access fishery (1.2 mt), EFP 
catch (1 mt), research catch (7.2 mt), and an additional deduction 
for unforeseen catch events (188 mt), resulting in a fishery HG of 
1,466.6 mt. Recreational HGs are: 50 mt (Washington); 75 mt 
(Oregon); and 135 mt (California).
    \r\ Chilipepper. A coastwide update assessment of the 
chilipepper stock was conducted in 2015 and estimated to be at 64 
percent of its unfished biomass in 2015. Chilipepper are managed 
with stock-specific harvest specifications south of 40[deg]10' N. 
lat. and within the Minor Shelf Rockfish complex north of 40[deg]10' 
N. lat. Projected OFLs are stratified north and south of 40[deg]10' 
N. lat. based on the average historical assessed area catch, which 
is 93 percent for the area south of 40[deg]10' N. lat. and 7 percent 
for the area north of 40[deg]10' N. lat. The OFL of 2,727 mt for the 
area south of 40[deg]10' N. lat. is projected in the 2015 assessment 
using an FMSY proxy of F50%. The ABC of 2,607 mt is a 4.4 percent 
reduction from the OFL ([sigma]=0.36/P*=0.45) because it is a 
category 1 stock. The ACL is set equal to the ABC because the stock 
is above its target biomass of B40%. 45.9 mt is deducted from the 
ACL to accommodate the incidental open access fishery (5 mt), EFP 
fishing (30 mt), and research catch (10.9 mt), resulting in a 
fishery HG of 2,561.1 mt.
    \s\ 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 
89,702 mt is based on an updated catch-only projection from the 2011 
stock assessment assuming actual catches since 2011 and using an 
FMSY proxy of F30%. The ABC of 85,755 mt is a 4.4 percent reduction 
from the OFL ([sigma]=0.36/P*=0.45) because it is a category 1 
stock. The ACL could be set equal to the ABC because the stock is 
above its target biomass of B25%. However, the ACL of 50,000 mt is 
set at a level below the ABC and higher than the maximum historical 
landed catch. 1,593.7 mt is deducted from the ACL to accommodate the 
Tribal fishery (1,497 mt), the incidental open access fishery (54.8 
mt), and research catch (41.9 mt), resulting in a fishery HG of 
48,406.3 mt.
    \t\ English sole. A 2013 stock assessment was conducted, which 
estimated the stock to be at 88 percent of its unfished biomass in 
2013. The OFL of 10,914 mt is projected in the 2013 assessment using 
an FMSY proxy of F30%. The ABC of 9,964 mt is an 8.7 percent 
reduction from the OFL ([sigma]=0.72/P*=0.45) because it is a 
category 2 stock. The ACL is set equal to the ABC because the stock 
is above its target biomass of B25%. 212.8 mt is deducted from the 
ACL to accommodate the Tribal fishery (200 mt), the incidental open 
access fishery (7.0 mt) and research catch (5.8 mt), resulting in a 
fishery HG of 9,751.2 mt.
    \u\ Lingcod north. The 2009 lingcod assessment modeled two 
populations north and south of the California-Oregon border (42[deg] 
N. lat.). Both populations were healthy with stock depletion 
estimated at 62 and 74 percent for the north and south, respectively 
in 2009. The OFL is based on an updated catch-only projection from 
the 2009 assessment assuming actual catches since 2009 and using an 
FMSY proxy of F45%. The OFL is apportioned north of 40[deg]10' N. 
lat. by adding 48% of the OFL from California, resulting in an OFL 
of 3,549 mt for the area north of 40[deg]10' N. lat. The ABC of 
3,333 mt is based on a 4.4 percent reduction ([sigma]=0.36/P*=0.45) 
from the OFL contribution for the area north of 42[deg] N. lat. 
because it is a category 1 stock, and an 8.7 percent reduction 
([sigma]=0.72/P*=0.45) from the OFL contribution for the area 
between 42[deg] N. lat. and 40[deg]10' N. lat. because it is a 
category 2 stock. The ACL is set equal to the ABC because the stock 
is above its target biomass of B40%. 278.2 mt is deducted from the 
ACL for the Tribal fishery (250 mt), the incidental open access 
fishery (16 mt), EFP catch (0.5 mt) and research catch (11.7 mt), 
resulting in a fishery HG of 3,054.8 mt.
    \v\ Lingcod south. The 2009 lingcod assessment modeled two 
populations north and south of the California-Oregon border (42[deg] 
N. lat.). Both populations were healthy with stock depletion 
estimated at 62 and 74 percent for the north and south, respectively 
in 2009. The OFL is based on an updated catch-only projection of the 
2009 stock assessment assuming actual catches since 2009 using an 
FMSY proxy of F45%. The OFL is apportioned by subtracting 48% of the 
California OFL, resulting in an OFL of 1,502 mt for the area south 
of 40[deg]10' N. lat. The ABC of 1,251 mt is based on a 16.7 percent 
reduction from the OFL ([sigma]=0.72/P*=0.40) because it is a 
category 2 stock. The ACL is set equal to the ABC because the stock 
is above its target biomass of B40%. 9 mt is deducted from the ACL 
to accommodate the incidental open access fishery (6.9 mt), EFP 
fishing (1 mt), and research catch (1.1 mt), resulting in a fishery 
HG of 1,242 mt.
    \w\ Longnose skate. A stock assessment was conducted in 2007 and 
the stock was estimated to be at 66 percent of its unfished biomass. 
The OFL of 2,556 mt is derived from the 2007 stock assessment using 
an FMSY proxy of F50%. The ABC of 2,444 mt is a 4.4 percent 
reduction from the OFL ([sigma]=0.36/P*=0.45) because it is a 
category 1 stock. The ACL of 2,000 mt is a fixed harvest level that 
provides greater access to the stock and is less than the ABC. 147 
mt is deducted from the ACL to accommodate the Tribal fishery (130 
mt), incidental open access fishery (3.8 mt), and research catch 
(13.2 mt), resulting in a fishery HG of 1,853 mt.
    \x\ Longspine thornyhead. A 2013 longspine thornyhead coastwide 
stock assessment estimated the stock to be at 75 percent of its 
unfished biomass in 2013. A coastwide OFL of 4,571 mt is projected 
in the 2013 stock assessment using an F50% FMSY proxy. The coastwide 
ABC of 3,808 mt is a 16.7 percent reduction from the OFL 
([sigma]=0.72/P*=0.40) because it is a category 2 stock. For the 
portion of the stock that is north of 34[deg]27' N. lat., the ACL is 
2,894 mt, and is 76 percent of the coastwide ABC based on the 
average swept-area biomass estimates (2003-2012) from the NMFS NWFSC 
trawl survey. 46.8 mt is deducted from the ACL to accommodate the 
Tribal fishery (30 mt), the incidental open access fishery (3.3 mt), 
and research catch (13.5 mt), resulting in a fishery HG of 2,847.2 
mt. For that portion of the stock south of 34[deg]27' N. lat. the 
ACL is 914 mt and is 24 percent of the coastwide ABC based on the 
average swept-area biomass estimates (2003-2012) from the NMFS NWFSC 
trawl survey. 3.2 mt is deducted from the ACL to accommodate the 
incidental open access fishery (1.8 mt), and research catch (1.4 
mt), resulting in a fishery HG of 910.8 mt.
    \y\ Pacific cod. The 3,200 mt OFL is based on the maximum level 
of historic landings. The ABC of 2,221 mt is a 30.6 percent 
reduction from the OFL ([sigma]=1.44/P*=0.40) because it is a 
category 3 stock. The 1,600 mt ACL is the OFL reduced by 50 percent 
as a precautionary adjustment. 509 mt is deducted from the ACL to 
accommodate the Tribal fishery (500 mt), research catch (7 mt), and 
the incidental open access fishery (2 mt), resulting in a fishery HG 
of 1,091 mt.
    \z\ Pacific whiting. The coastwide (U.S. and Canada) stock 
assessment was published in 2017 and estimated the spawning stock to 
be at 89 percent of its unfished biomass. The 2017 coastwide OFL of 
969,840 mt is based on the 2017 assessment with an F40% FMSY proxy. 
The 2017 coastwide, unadjusted Total Allowable Catch (TAC) of 
531,501 mt is based on the 2017 stock assessment and the 
recommendation by the Joint Management Committee (JMC), based on a 
precautionary approach. The U.S. TAC is 73.88 percent of the 
coastwide TAC, or 392,673 mt unadjusted TAC for 2017. 15 percent of 
each party's unadjusted 2016 TAC (48,760 mt for the U.S.) is added 
to each party's 2017 unadjusted TAC, resulting in a U.S. adjusted 
2017 TAC of 431,433 mt. The 2017 fishery HG for Pacific whiting is 
362,682 mt. This amount was determined by deducting from the total 
U.S. TAC of 431,433 mt, the 77,251 mt tribal allocation, along with 
1,500 mt for scientific research catch and fishing mortality in non-
groundfish fisheries.

[[Page 22435]]

    \aa\ Petrale sole. A 2015 stock assessment update was conducted, 
which estimated the stock to be at 31 percent of its unfished 
biomass in 2015. The OFL of 3,280 mt is projected in the 2015 
assessment using an FMSY proxy of F30%. The ABC of 3,136 mt is a 4.4 
percent reduction from the OFL ([sigma]=0.36/P*=0.45) because it is 
a category 1 stock. The ACL is set equal to the ABC because the 
stock is above its target biomass of B25%. 240.9 mt is deducted from 
the ACL to accommodate the Tribal fishery (220 mt), the incidental 
open access fishery (3.2 mt) and research catch (17.7 mt), resulting 
in a fishery HG of 2,895.1 mt.
    \bb\ Sablefish north. A coastwide sablefish stock assessment 
update was conducted in 2015. The coastwide sablefish biomass was 
estimated to be at 33 percent of its unfished biomass in 2015. The 
coastwide OFL of 8,050 mt is projected in the 2015 stock assessment 
using an FMSY proxy of F45%. The ABC of 7,350 mt is an 8.7 percent 
reduction from the OFL ([sigma]=0.36/P*=0.40). The 40-10 adjustment 
is applied to the ABC to derive a coastwide ACL value because the 
stock is in the precautionary zone. This coastwide ACL value is not 
specified in regulations. The coastwide ACL value is apportioned 
north and south of 36[deg] N. lat., using the 2003-2014 average 
estimated swept area biomass from the NMFS NWFSC trawl survey, with 
73.8 percent apportioned north of 36[deg] N. lat. and 26.2 percent 
apportioned south of 36[deg] N. lat. The northern ACL is 5,252 mt 
and is reduced by 525 mt for the Tribal allocation (10 percent of 
the ACL north of 36[deg] N. lat.). The 525 mt Tribal allocation is 
reduced by 1.5 percent to account for discard mortality. Detailed 
sablefish allocations are shown in Table 1c.
    \cc\ Sablefish south. The ACL for the area south of 36[deg] N. 
lat. is 1,864 mt (26.2 percent of the calculated coastwide ACL 
value). 5 mt is deducted from the ACL to accommodate the incidental 
open access fishery (2 mt) and research catch (3 mt), resulting in a 
fishery HG of 1,859 mt.
    \dd\ Shortbelly rockfish. A non-quantitative shortbelly rockfish 
assessment was conducted in 2007. The spawning stock biomass of 
shortbelly rockfish was estimated to be 67 percent of its unfished 
biomass in 2005. The OFL of 6,950 mt is based on the estimated MSY 
in the 2007 stock assessment. The ABC of 5,789 mt is a 16.7 percent 
reduction of the OFL ([sigma]=0.72/P*=0.40) because it is a category 
2 stock. The 500 mt ACL is set to accommodate incidental catch when 
fishing for co-occurring healthy stocks and in recognition of the 
stock's importance as a forage species in the California Current 
ecosystem. 10.9 mt is deducted from the ACL to accommodate the 
incidental open access fishery (8.9 mt) and research catch (2 mt), 
resulting in a fishery HG of 489.1 mt.
    \ee\ Shortspine thornyhead. A 2013 coastwide shortspine 
thornyhead stock assessment estimated the stock to be at 74.2 
percent of its unfished biomass in 2013. A coastwide OFL of 3,144 mt 
is projected in the 2013 stock assessment using an F50% FMSY proxy. 
The coastwide ABC of 2,619 mt is a 16.7 percent reduction from the 
OFL ([sigma]=0.72/P*=0.40) because it is a category 2 stock. For the 
portion of the stock that is north of 34[deg]27' N. lat., the ACL is 
1,713 mt. The northern ACL is 65.4 percent of the coastwide ABC 
based on the average swept-area biomass estimates (2003-2012) from 
the NMFS NWFSC trawl survey. 59 mt is deducted from the ACL to 
accommodate the Tribal fishery (50 mt), the incidental open access 
fishery (1.8 mt), and research catch (7.2 mt), resulting in a 
fishery HG of 1,654 mt for the area north of 34[deg]27' N. lat. For 
that portion of the stock south of 34[deg]27' N. lat. the ACL is 906 
mt. The southern ACL is 34.6 percent of the coastwide ABC based on 
the average swept-area biomass estimates (2003-2012) from the NMFS 
NWFSC trawl survey. 42.3 mt is deducted from the ACL to accommodate 
the incidental open access fishery (41.3 mt) and research catch (1 
mt), resulting in a fishery HG of 863.7 mt for the area south of 
34[deg]27' N. lat.
    \ff\ Spiny dogfish. A coastwide spiny dogfish stock assessment 
was conducted in 2011. The coastwide spiny dogfish biomass was 
estimated to be at 63 percent of its unfished biomass in 2011. The 
coastwide OFL of 2,514 mt is derived from the 2011 assessment using 
an FMSY proxy of F50%. The coastwide ABC of 2,094 mt is a 16.7 
percent reduction from the OFL ([sigma]=0.72/P*=0.40) because it is 
a category 2 stock. The ACL is set equal to the ABC because the 
stock is above its target biomass of B40%. 338 mt is deducted from 
the ACL to accommodate the Tribal fishery (275 mt), the incidental 
open access fishery (49.5 mt), EFP catch (1 mt), and research catch 
(12.5 mt), resulting in a fishery HG of 1,756 mt.
    \gg\ Splitnose rockfish. A coastwide splitnose rockfish 
assessment was conducted in 2009 that estimated the stock to be at 
66 percent of its unfished biomass in 2009. Splitnose rockfish in 
the north is managed in the Minor Slope Rockfish complex and with 
stock-specific harvest specifications south of 40[deg]10' N. lat. 
The coastwide OFL is projected in the 2009 assessment using an FMSY 
proxy of F50%. The coastwide OFL is apportioned north and south of 
40[deg]10' N. lat. based on the average 1916-2008 assessed area 
catch, resulting in 64.2 percent of the coastwide OFL apportioned 
south of 40[deg]10' N. lat., and 35.8 percent apportioned for the 
contribution of splitnose rockfish to the northern Minor Slope 
Rockfish complex. The southern OFL of 1,841 mt results from the 
apportionment described above. The southern ABC of 1,760 mt is a 4.4 
percent reduction from the southern OFL ([sigma]=0.36/P*=0.45) 
because it is a category 1 stock. The ACL is set equal to the ABC 
because the stock is estimated to be above its target biomass of 
B40%. 10.7 mt is deducted from the ACL to accommodate the incidental 
open access fishery (0.2 mt), research catch (9 mt) and EFP catch 
(1.5 mt), resulting in a fishery HG of 1,749.3 mt.
    \hh\ Starry flounder. The stock was assessed in 2005 and was 
estimated to be above 40 percent of its unfished biomass in 2005 (44 
percent in Washington and Oregon, and 62 percent in California). The 
coastwide OFL of 1,847 mt is set equal to the 2016 OFL, which was 
derived from the 2005 assessment using an FMSY proxy of F30%. The 
ABC of 1,282 mt is a 30.6 percent reduction from the OFL 
([sigma]=1.44/P*=0.40) because it is a category 3 stock. The ACL is 
set equal to the ABC because the stock was estimated to be above its 
target biomass of B25% in 2017. 10.3 mt is deducted from the ACL to 
accommodate the Tribal fishery (2 mt), and the incidental open 
access fishery (8.3 mt), resulting in a fishery HG of 1,271.7 mt.
    \ii\ Widow rockfish. The widow rockfish stock was assessed in 
2015 and was estimated to be at 75 percent of its unfished biomass 
in 2015. The OFL of 14,130 mt is projected in the 2015 stock 
assessment using the F50% FMSY proxy. The ABC of 13,508 mt is a 4.4 
percent reduction from the OFL ([sigma]=0.36/P*=0.45) because it is 
a category 1 stock. The ACL is set equal to the ABC because the 
stock is above its target biomass of B40%. 217.7 mt is deducted from 
the ACL to accommodate the Tribal fishery (200 mt), the incidental 
open access fishery (0.5 mt), EFP catch (9 mt) and research catch 
(8.2 mt), resulting in a fishery HG of 13,290.3 mt.
    \jj\ Yellowtail rockfish. A 2013 yellowtail rockfish stock 
assessment was conducted for the portion of the population north of 
40[deg]10' N. lat. The estimated stock depletion was 67 percent of 
its unfished biomass in 2013. The OFL of 6,786 mt is projected in 
the 2013 stock assessment using an FMSY proxy of F50%. The ABC of 
6,196 mt is an 8.7 percent reduction from the OFL ([sigma]=0.72/
P*=0.45) because it is a category 2 stock. The ACL is set equal to 
the ABC because the stock is above its target biomass of B40%. 1,030 
mt is deducted from the ACL to accommodate the Tribal fishery (1,000 
mt), the incidental open access fishery (3.4 mt), EFP catch (10 mt) 
and research catch (16.6 mt), resulting in a fishery HG of 5,166.1 
mt.
    \kk\ Minor Nearshore Rockfish north. The OFL for Minor Nearshore 
Rockfish north of 40[deg]10' N. lat. of 118 mt is the sum of the OFL 
contributions for the component species managed in the complex. The 
ABCs for the minor rockfish complexes are based on a sigma value of 
0.72 for category 2 stocks (blue/deacon rockfish in California, 
brown rockfish, China rockfish, and copper rockfish) and a sigma 
value of 1.44 for category 3 stocks (all others) with a P* of 0.45. 
The resulting ABC of 105 mt is the summed contribution of the ABCs 
for the component species. The ACL of 105 mt is the sum of 
contributing ABCs of healthy assessed stocks and unassessed stocks, 
plus the ACL contributions for blue/deacon rockfish in California 
where the 40-10 adjustment was applied to the ABC contribution for 
this stock because it is in the precautionary zone. 1.8 mt is 
deducted from the ACL to accommodate the Tribal fishery (1.5 mt) and 
the incidental open access fishery (0.3 mt), resulting in a fishery 
HG of 103.2 mt. Between 40[deg]10' N. lat. and 42[deg] N. lat. the 
Minor Nearshore Rockfish complex north has a harvest guideline of 
40.2 mt. Blue/deacon rockfish south of 42[deg] N. lat. has a stock-
specific HG, described in footnote nn.
    \ll\ Minor Shelf Rockfish north. The OFL for Minor Shelf 
Rockfish north of 40[deg]10' N. lat. of 2,303 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 
0.36 for a category 1 stock (chilipepper), a sigma value of 0.72 for 
category 2 stocks (greenspotted rockfish

[[Page 22436]]

between 40[deg]10' and 42[deg] N. lat. and greenstriped rockfish), 
and a sigma value of 1.44 for category 3 stocks (all others) with a 
P* of 0.45. The resulting ABC of 2,049 mt is the summed contribution 
of the ABCs for the component species. The ACL of 2,049 mt is the 
sum of contributing ABCs of healthy assessed stocks and unassessed 
stocks, plus the ACL contribution of greenspotted rockfish in 
California where the 40-10 adjustment was applied to the ABC 
contribution for this stock because it is in the precautionary zone. 
83.8 mt is deducted from the ACL to accommodate the Tribal fishery 
(30 mt), the incidental open access fishery (26 mt), EFP catch (3 
mt), and research catch (24.8 mt), resulting in a fishery HG of 
1,965.2 mt.
    \mm\ Minor Slope Rockfish north. The OFL for Minor Slope 
Rockfish north of 40[deg]10' N. lat. of 1,897 mt is the sum of the 
OFL contributions for the component species within the complex. The 
ABCs for the Minor Slope Rockfish complexes are based on a sigma 
value of 0.39 for aurora rockfish, a sigma value of 0.36 for the 
other category 1 stock (splitnose rockfish), a sigma value of 0.72 
for category 2 stocks (rougheye rockfish, blackspotted rockfish, and 
sharpchin rockfish), and a sigma value of 1.44 for category 3 stocks 
(all others) with a P* of 0.45. A unique sigma of 0.39 was 
calculated for aurora rockfish because the variance in estimated 
spawning biomass was greater than the 0.36 used as a proxy for other 
category 1 stocks. The resulting ABC of 1,755 mt is the summed 
contribution of the ABCs for the component species. The ACL is set 
equal to the ABC because all the assessed component stocks (i.e., 
rougheye rockfish, blackspotted rockfish, sharpchin rockfish, and 
splitnose rockfish) are above the target biomass of B40%. 65.1 mt is 
deducted from the ACL to accommodate the Tribal fishery (36 mt), the 
incidental open access fishery (18.6 mt), EFP catch (1 mt), and 
research catch (9.5 mt), resulting in a fishery HG of 1,689.9 mt.
    \nn\ Minor Nearshore Rockfish south. The OFL for the Minor 
Nearshore Rockfish complex south of 40[deg]10' N. lat. of 1,329 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 0.72 for category 2 stocks 
(i.e., blue/deacon rockfish north of 34[deg]27' N. lat., brown 
rockfish, China rockfish, and copper rockfish) and a sigma value of 
1.44 for category 3 stocks (all others) with a P* of 0.45. The 
resulting ABC of 1,166 mt is the summed contribution of the ABCs for 
the component species. The ACL of 1,163 mt is the sum of the 
contributing ABCs of healthy assessed stocks and unassessed stocks, 
plus the ACL contribution for blue/deacon rockfish north of 
34[deg]27' N. lat. and China rockfish where the 40-10 adjustment was 
applied to the ABC contributions for these two stocks because they 
are in the precautionary zone. 4.1 mt is deducted from the ACL to 
accommodate the incidental open access fishery (1.4 mt) and research 
catch (2.7 mt), resulting in a fishery HG of 1,158.9 mt. Blue/deacon 
rockfish south of 42[deg] N. lat. has a stock-specific HG set equal 
to the 40-10-adjusted ACL for the portion of the stock north of 
34[deg]27' N lat. (243.7 mt) plus the ABC contribution for the 
unassessed portion of the stock south of 34[deg]27' N. lat. (60.8 
mt). The California (i.e. south of 42[deg] N. lat.) blue/deacon 
rockfish HG is 304.5 mt.
    \oo\ Minor Shelf Rockfish south. The OFL for the Minor Shelf 
Rockfish complex south of 40[deg]10' N. lat. of 1,917 mt is the sum 
of the OFL contributions for the component species within the 
complex. The ABC 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 a sigma value of 1.44 for category 3 
stocks (all others) with a P* of 0.45. The resulting ABC of 1,624 mt 
is the summed contribution of the ABCs for the component species. 
The ACL of 1,623 mt is the sum of contributing ABCs of healthy 
assessed stocks and unassessed stocks, plus the ACL contribution of 
greenspotted rockfish in California where the 40-10 adjustment was 
applied to the ABC contribution for this stock because it is in the 
precautionary zone. 47.2 mt is deducted from the ACL to accommodate 
the incidental open access fishery (8.6 mt), EFP catch (30 mt), and 
research catch (8.6 mt), resulting in a fishery HG of 1,575.8 mt.
    \pp\ Minor Slope Rockfish south. The OFL of 827 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 0.39 for aurora rockfish, a sigma value of 0.72 for 
category 2 stocks (blackgill rockfish, rougheye rockfish, 
blackspotted rockfish, and sharpchin rockfish) and a sigma value of 
1.44 for category 3 stocks (all others) with a P* of 0.45. A unique 
sigma of 0.39 was calculated for aurora rockfish because the 
variance in estimated biomass was greater than the 0.36 used as a 
proxy for other category 1 stocks. The resulting ABC of 718 mt is 
the summed contribution of the ABCs for the component species. The 
ACL of 707 mt is the sum of the contributing ABCs of healthy 
assessed stocks and unassessed stocks, plus the ACL contribution of 
blackgill rockfish where the 40-10 adjustment was applied to the ABC 
contribution for this stock because it is in the precautionary zone. 
20.2 mt is deducted from the ACL to accommodate the incidental open 
access fishery (17.2 mt), EFP catch (1 mt), and research catch (2 
mt), resulting in a fishery HG of 686.8 mt. Blackgill rockfish has a 
stock-specific HG for the entire groundfish fishery south of 
40[deg]10' N lat. set equal to the species' contribution to the 40-
10-adjusted ACL. Harvest of blackgill rockfish in all groundfish 
fisheries counts against this HG of 120.2 mt. Nontrawl fisheries are 
subject to a blackgill rockfish HG of 44.5 mt.
    \qq\ Other Flatfish. The Other Flatfish complex is comprised of 
flatfish species managed in the PCGFMP that are not managed with 
stock-specific OFLs/ABCs/ACLs. Most of the species in the Other 
Flatfish complex are unassessed and include: Butter sole, curlfin 
sole, flathead sole, Pacific sanddab, rock sole, sand sole, and rex 
sole. The Other Flatfish OFL of 11,165 mt is based on the sum of the 
OFL contributions of the component stocks. The ABC of 8,510 mt is 
based on a sigma value of 0.72 for a category 2 stock (rex sole) and 
a sigma value of 1.44 for category 3 stocks (all others) with a P* 
of 0.40. The ACL is set equal to the ABC. The ACL is set equal to 
the ABC because all of the assessed stocks (i.e., Pacific sanddabs 
and rex sole) were above their target biomass of B25%. 204 mt is 
deducted from the ACL to accommodate the Tribal fishery (60 mt), the 
incidental open access fishery (125 mt), and research catch (19 mt), 
resulting in a fishery HG of 8,306 mt.
    \rr\ Other Fish. The Other Fish complex is comprised of kelp 
greenling coastwide, cabezon off Washington, and leopard shark 
coastwide. The 2015 assessment for the kelp greenling stock off of 
Oregon projected an estimated depletion of 80 percent in 2015. All 
other stocks are unassessed. The OFL of 537 mt is the sum of the OFL 
contributions for kelp greenling coastwide, cabezon off Washington, 
and leopard shark coastwide. The ABC for the Other Fish complex is 
based on a sigma value of 0.44 for kelp greenling off Oregon and a 
sigma value of 1.44 for category 3 stocks (all others) with a P* of 
0.45. A unique sigma of 0.44 was calculated for kelp greenling off 
Oregon because the variance in estimated spawning biomass was 
greater than the 0.36 sigma used as a proxy for other category 1 
stocks. The resulting ABC of 474 mt is the summed contribution of 
the ABCs for the component species. The ACL is set equal to the ABC 
because all of the assessed stocks (kelp greenling off Oregon) were 
above their target biomass of B40%. There are no deductions from the 
ACL so the fishery HG is equal to the ACL of 474 mt.
 BILLING CODE 3510-22-P

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* * * * *

0
3. Tables 3 (North) and 3 (South) to part 660, subpart F, are revised 
to read as follows:

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[FR Doc. 2017-09877 Filed 5-12-17; 4:15 pm]
 BILLING CODE 3510-22-C



                                             22428               Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations

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                                             2016, are effective on May 16, 2017.                    Responses: 3,080 respondents; 6,516                      Total Annual Burden: 18,670 hours.
                                             FOR FURTHER INFORMATION CONTACT:                        responses.                                               Total Annual Cost: $52,519,656.
                                             Cathy Williams by email at                                Estimated Time per Response: 1 to                      Nature and Extent of Confidentiality:
                                             Cathy.Williams@fcc.gov and telephone                    6.25 hours.                                           There is no need for confidentiality with
                                             at (202) 418–2918.                                        Frequency of Response: One-time                     this collection of information.
                                             SUPPLEMENTARY INFORMATION: This
                                                                                                     reporting requirement; On occasion                       Privacy Act Impact Assessment: No
                                             document announces that on January                      reporting requirement; Third party                    impact(s).
                                             11, 2017, OMB approved the                              disclosure requirement.                                  Needs and Uses: FCC Form 314 and
                                             information collection requirements,                      Obligation to Respond: Required to                  the applicable exhibits/explanations are
                                             OMB Control Numbers 3060–0027 and                       obtain or retain benefits. The statutory              required to be filed when applying for
                                             3060–0031, for the non-substantive                      authority for this collection of                      consent for assignment of an AM, FM,
                                             changes to the forms associated with the                information is contained in Sections                  Low Power FM (LPFM) or TV broadcast
                                             Commission’s Second Report and                          154(i), 303 and 308 of the                            station construction permit or license.
                                             Order, FCC 16–107, published at 81 FR                   Communications Act of 1934, as                        In addition, the applicant must notify
                                             76220–01, Nov. 1, 2016. The                             amended.                                              the Commission when an approved
                                             Commission publishes this document as                     Total Annual Burden: 15,287 hours.                  assignment of a broadcast station
                                             an announcement of the effective date of                  Total Annual Cost: $62,775,788.                     construction permit or license has been
                                             those information collection                              Nature and Extent of Confidentiality:               consummated.
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                                             Synopsis                                                  Privacy Act Impact Assessment: No                   filed when applying for transfer of
                                               As required by the Paperwork                          impact(s).                                            control of an entity holding an AM, FM,
                                             Reduction Act of 1995 (44 U.S.C. 3507),                   Needs and Uses: FCC Form 301 and                    LPFM or TV broadcast station
                                             the FCC is notifying the public that on                 the applicable exhibits/explanations are              construction permit or license. In
                                             January 11, 2017, OMB approved non-                     required to be filed when applying for                addition, the applicant must notify the
                                             substantive changes to FCC Form 301,                    authority to construct a new commercial               Commission when an approved transfer
                                             FCC Form 314, and FCC Form 315. In                      broadcast station or to modify a licensed             of control of a broadcast station
                                             doing so, OMB approved non-                             facility, construction permit, or                     construction permit or license has been
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                                             information collection requirements of                  collection requirements associated with               the information collected by these two
                                             OMB Control Numbers 3060–0027 and                       FCC Form 301 contain non-substantive                  forms, OMB has assigned both forms
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                                             collection of information unless it                       OMB Control Number: 3060–0031.                      requirements associated with FCC
                                             displays a current, valid OMB Control                     OMB Approval Date: January 11,                      Forms 314 and 315 contain non-
                                             Number. No person shall be subject to                   2017.                                                 substantive changes related to the
                                             any penalty for failing to comply with                    OMB Expiration Date: September 30,                  Second Report and Order.
                                             a collection of information subject to the              2018.                                                 Federal Communications Commission.
                                             Paperwork Reduction Act that does not                     Title: Application for Consent to                   Marlene H. Dortch,
                                             display a current, valid OMB Control                    Assignment of Broadcast Station                       Secretary.
                                             Number. The OMB Control Numbers are                     Construction Permit or License, FCC                   [FR Doc. 2017–09889 Filed 5–15–17; 8:45 am]
                                             3060–0027 and 3060–0031.                                Form 314; Application for Consent to
                                                                                                                                                           BILLING CODE 6712–01–P
                                               The foregoing notice is required by                   Transfer Control of Entity Holding
                                             the Paperwork Reduction Act of 1995,                    Broadcast Station Construction Permit
                                             Public Law 104–13, October 1, 1995,                     or License, FCC Form 315; Section
                                             and 44 U.S.C. 3507.                                     73.3580, Local Public Notice of Filing of             DEPARTMENT OF COMMERCE
                                               The total annual reporting burdens                    Broadcast Applications.
                                             and costs for the respondents are as                                                                          National Oceanic and Atmospheric
                                                                                                       Form Number: FCC Forms 314 and
                                             follows:                                                                                                      Administration
                                                                                                     315.
                                               OMB Control Number: 3060–0027.                          Respondents: Business or other for-
                                                                                                                                                           50 CFR Part 660
                                               OMB Approval Date: January 11,                        profit entities; Not-for-profit
                                             2017.                                                   institutions; State, Local or Tribal                  [Docket No. 160808696–7010–02]
                                               OMB Expiration Date: March 31,                        Government.
                                                                                                       Number of Respondents and                           RIN 0648–BG86
                                             2019.
                                               Title: FCC Form 301, Application for                  Responses: 4,840 respondents; 12,880                  Magnuson-Stevens Act Provisions;
                                             Construction Permit for Commercial                      responses.
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                                                                                                                                                           Fisheries Off West Coast States;
                                             Broadcast Station; FCC Form 2100,                         Estimated Time per Response: 0.084                  Pacific Coast Groundfish Fishery;
                                             Application for Media Bureau Audio                      to 6 hours.                                           2017–2018 Biennial Specifications and
                                             and Video Service Authorization,                          Frequency of Response: On occasion                  Management Measures; Inseason
                                             Schedule A; 47 CFR 73.3700(b)(1) and                    reporting requirement; Third party                    Adjustments
                                             (2), Post Auction Licensing.                            disclosure requirement.
                                               Form Number: FCC Forms 301 and                          Obligation to Respond: Required to                  AGENCY:  National Marine Fisheries
                                             FCC Form 2100, Schedule A.                              obtain or retain benefits. Statutory                  Service (NMFS), National Oceanic and


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                                                                 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations                                           22429

                                             Atmospheric Administration (NOAA),                      Regulations at § 660.60(c)(3)(ii) allow               Pacific whiting. At the start of 2017, the
                                             Commerce.                                               NMFS to distribute these ‘‘off-the-top’’              MS and C/P sectors of the Pacific
                                             ACTION: Final rule; inseason adjustments                deductions from the ACL to fisheries                  whiting fishery were allocated 9.0 mt
                                             to biennial groundfish management                       inseason under certain circumstances.                 and 12.7 mt of POP, respectively, per
                                             measures.                                               Also, consistent with section 6.5.2 of the            regulations at § 660.55(c)(1)(i)(B). The
                                                                                                     PCGFMP, NMFS has the authority to                     limited availability of overfished species
                                             SUMMARY:   This final rule announces                    implement management measures to                      that can be taken as incidental catch in
                                             inseason changes to management                          reduce bycatch of non-groundfish                      the Pacific whiting fisheries,
                                             measures in the Pacific Coast groundfish                species and, under certain                            particularly darkblotched rockfish and
                                             fisheries. This action, which is                        circumstances, the measures may be                    POP, led NMFS to implement sector-
                                             authorized by the Pacific Coast                         implemented inseason. However, under                  specific allocations for these species to
                                             Groundfish Fishery Management Plan                      no circumstances may the intention of                 the Pacific whiting fisheries. If the
                                             (PCGFMP), is intended to allow                          such management measures be simply                    sector-specific allocation for a non-
                                             fisheries to access more abundant                       to provide more fish to a different user              whiting species is reached, NMFS may
                                             groundfish stocks while protecting                      group or to achieve other allocation                  close one or more of the at-sea sectors
                                             overfished and depleted stocks.                         objectives.                                           automatically, per regulations at
                                             DATES: This final rule is effective May                    Pacific whiting fisheries encounter                § 660.60(d).
                                             12, 2017.                                               Klamath River Chinook salmon                             To accommodate movement of the at-
                                                                                                     incidentally, particularly when fishing               sea fleets farther north, away from
                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                     off the central and southern Oregon                   Klamath River Chinook and into waters
                                             Gretchen Hanshew, phone: 206–526–                       coast. At its March, 2017 meeting, the                with historically higher bycatch rates of
                                             6147, fax: 206–526–6736, or email:                      Council received the most recent                      POP, the Council considered moving
                                             gretchen.hanshew@noaa.gov.                              projections of salmon stock status                    POP quota that would otherwise go
                                             SUPPLEMENTARY INFORMATION:                              (Preseason Report I) and considered that              unharvested in the incidental open
                                             Electronic Access                                       Klamath River Chinook will not meet                   access fishery (primarily the pink
                                                                                                     escapement goals for 2017 by a                        shrimp fishery) to the MS and C/P
                                                This rule is accessible via the Internet             historically large margin. At its April               sectors. The Council’s intent is to
                                             at the Office of the Federal Register Web               meeting the Council recommended                       maintain 2017 harvest opportunities for
                                             site at https://www.federalregister.gov.                complete closure of commercial salmon                 the MS and C/P sectors of the Pacific
                                             Background information and documents                    fisheries off southern Oregon and                     whiting fishery, while protecting
                                             are available at the Pacific Fishery                    northern California (approximately 44°                Klamath River Chinook. At the start of
                                             Management Council’s Web site at                        N. lat. to 40°10′ N. lat.) and closure of             2017 a total of 49.4 mt of POP was
                                             http://www.pcouncil.org/.                               recreational salmon fisheries in similar              deducted off-the-top from the ACL,
                                             Background                                              areas (approximately 42°45′ N. lat. to                including 10 mt to account for mortality
                                                                                                     40°10′ N. lat.) to protect Klamath River              in the incidental open access fishery.
                                                The Council, in coordination with                    Chinook salmon.                                          The Council also considered best
                                             Pacific Coast Treaty Indian Tribes and                     Chinook salmon bycatch in the Pacific              available information regarding
                                             the States of Washington, Oregon, and                   whiting fishery varies by latitude, with              mortality levels of POP in the incidental
                                             California, recommended changes to                      81 percent of Chinook being taken when                open access fishery to evaluate whether
                                             current groundfish management                           fishing between Cape Falcon (45°46′ N.                all 49.4 mt would be taken in 2017, and
                                             measures at its April 6–11, 2017                        lat.) and Cape Blanco (42°50′ N. lat.).               if any of those fish that would go
                                             meeting. The Council recommended                        This is a similar area in which Klamath               unharvested and could be transferred to
                                             taking a portion of the Pacific ocean                   River Chinook stocks are commonly                     the MS and C/P sectors inseason to
                                             perch (POP) initially deducted from the                 encountered, where all commercial and                 accommodate higher POP bycatch if the
                                             ACL that would likely go unharvested                    recreational salmon fishing in 2017 is                fleet moves north to avoid Chinook.
                                             in 2017 and making it available to the                  closed. At-sea processing of Pacific                  Mortality of POP in the incidental open
                                             mothership (MS) and catcher/processor                   whiting is currently prohibited south of              access fisheries in 2011–2013 was below
                                             (C/P) sectors of the at-sea Pacific                     42° N. lat. (the Oregon-California                    0.6 mt per year, with
                                             whiting fishery; 3.5 metric tons (mt) to                border) per regulations at § 660.131(e).              uncharacteristically high mortality in
                                             each sector. The Council also                           Both the MS and C/P sectors expressed                 2014 of 10 mt. However, mortality of
                                             recommended a modest increase in                        willingness to modify operations to                   rockfish in the pink shrimp trawl
                                             sablefish trip limits in the open access                avoid Chinook salmon bycatch, but                     fishery reduced dramatically again in
                                             fishery for the area north of 36° N. lat.               acknowledged that difficulties were                   2015, with an estimated POP mortality
                                             based on the best available fishery data.               likely given their rockfish allocations               of 0.3 mt. Following a 2014 research
                                                                                                     and historically high Pacific whiting                 study, it is likely that use of light
                                             Transferring POP to the MS and C/P
                                                                                                     allocations. While moving harvesting                  emitting diode (LED) lights in the pink
                                             Sectors
                                                                                                     operations north to Washington and                    shrimp fishery has become widespread.
                                                As part of biennial harvest                          northern Oregon would likely reduce                   When LED lights were affixed to the
                                             specifications and management                           impacts of the Pacific whiting fishery on             shrimp trawl gear, the 2014 study
                                             measures, annual catch limits (ACLs)                    Klamath River Chinook, bycatch of POP                 showed a drastic reduction in bycatch of
                                             are set for non-whiting groundfish                      in the Pacific whiting fisheries has been             rockfish, which is supported by 2015
                                             species, deductions are made ‘‘off-the-                 highest when fishing off Washington.                  total mortality estimates. Therefore, it is
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                                             top’’ from the ACL for various sources                     At the April meeting, the MS sector                likely that mortality of POP in the
                                             of mortality (including non-groundfish                  requested an increase to their POP set-               incidental open access fishery will be
                                             fisheries that catch groundfish                         aside to accommodate northern                         less than 1 mt in 2017.
                                             incidentally, also called incidental open               movement of the fleet to reduce harvest                  Therefore, the Council recommended
                                             access fisheries) and the remainder, the                of Klamath River Chinook and to                       and NMFS is implementing a
                                             fishery harvest guideline, is allocated                 prevent closure of the MS sector prior                redistribution of 7 mt of POP, from the
                                             among the groundfish fisheries.                         to harvesting their full allocation of                off-the-top deductions that were made at


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                                             22430               Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations

                                             the start of the 2017–2018 biennium, to                 no inseason actions were considered.                  for Pacific whiting in northern waters to
                                             the MS and C/P sectors, 3.5 mt to each                  This increase in trip limits does not                 avoid bycatch of Klamath River Chinook
                                             sector, to accommodate potential                        change projected impacts to co-                       salmon. There was not sufficient time
                                             bycatch of POP as each sector                           occurring overfished species, as the                  after that meeting to undergo proposed
                                             prosecutes their 2017 Pacific whiting                   projected impacts to those species                    and final rulemaking before this action
                                             allocations in areas where bycatch of                   assume that the entire sablefish ACL is               needs to be in effect. Affording the time
                                             Klamath River Chinook is less likely.                   harvested.                                            necessary for prior notice and
                                                This rule redistributes 7 mt of POP                     Therefore, the Council recommended                 opportunity for public comment would
                                             that is anticipated to go unharvested in                and NMFS is implementing trip limit                   postpone transfer of POP to the MS and
                                             the incidental open access fisheries                    changes for the OA sablefish DTL                      C/P sectors until later in the season, or
                                             through the end of 2017 to the MS and                   fishery north of 36° N. lat. The trip                 potentially eliminate the possibility of
                                             C/P sectors, implementing the Council’s                 limits for sablefish in the OA fishery                doing so during the 2017 calendar year
                                             recommendation to increase the POP                      north of 36° N. lat. are increased from               entirely, and is therefore impractical.
                                             set-asides to 12.5 mt for the MS sector                 ‘‘300 lb (136 kg) per day, or one landing             Failing to reapportion POP to the MS
                                             and 16.2 mt for the C/P sector, and                     per week of up to 900 lb (408 kg), not                and C/P sectors in a timely manner
                                             providing the fleet added flexibility to                to exceed 1,800 lb (817 kg) per two                   could result in additional impacts to
                                             fish in areas where Klamath River                       months’’ to ‘‘300 lb (136 kg) per day, or             Klamath River Chinook salmon if catch
                                             Chinook are less likely to be                           one landing per week of up to 1,000 lb                of POP approaches the MS or C/P
                                             encountered while reducing the risk of                  (454 kg), not to exceed 2,000 lb (907 kg)             sectors POP allocations and the fleet
                                             closure of the MS and C/P sectors prior                 per two months’’ during period 3                      moves south to prevent a closure prior
                                             to full attainment of the Pacific whiting               through the end of the year.                          to their Pacific whiting allocations being
                                             allocation if higher bycatch rates of POP                                                                     harvested. It could also
                                             occur as expected in 2017. Mortality of                 Classification                                        disproportionally disadvantage vessels
                                             POP in the incidental open access                          This final rule makes routine inseason             that fish early in the season because
                                             fishery was lower than anticipated in                   adjustments to groundfish fishery                     raising the allocation during the season
                                             2015, and the projected mortality for                   management measures, based on the                     only benefits vessels fishing after the
                                             2017 indicates it will be within the                    best available information, consistent                reapportionment. The 2015 West Coast
                                             remaining 3 mt off-the-top deduction                    with the PCGFMP and its implementing                  Groundfish Observer Program
                                             after transferring the 7 mt to the MS and               regulations.                                          groundfish mortality report, released
                                             C/P sectors. Transfer of POP to the MS                     This action is taken under the                     over winter, indicated that harvest of
                                             and C/P sectors, when combined with                     authority of 50 CFR 660.60(c) and is                  POP in the pink shrimp fishery was
                                             projected impacts from all other                        exempt from review under Executive                    much lower in 2015 than in 2014 and
                                             sources, is not expected to result in                   Order 12866.                                          supports anecdotal information that the
                                             greater impacts to POP or other                            The aggregate data upon which these                impacts of this fishery on rockfish has
                                             overfished species than originally                      actions are based are available for public            decreased due to recent gear
                                             projected through the end of the year.                  inspection at the Office of the                       modifications. Therefore, new
                                                                                                     Administrator, West Coast Region,                     information and analyses available to
                                             Open Access (OA) Sablefish Daily Trip
                                                                                                     NMFS, during business hours.                          the Council in April indicate that over
                                             Limit (DTL) Fisheries North of 36° N.                      NMFS finds good cause to waive prior
                                             Lat.                                                                                                          7 mt of POP will go unharvested in the
                                                                                                     public notice and comment on the                      incidental open access fishery and
                                                To increase harvest opportunities for                revisions to groundfish management                    could be redistributed per regulations at
                                             OA fixed gear sablefish DTL fisheries                   measures under 5 U.S.C. 553(b) because                § 660.60(c)(3)(ii).
                                             north of 36° N. lat., the Council                       notice and comment would be                              It is in the public interest for the MS
                                             considered increases to trip limits. The                impracticable and contrary to the public              and C/P sector fishermen to have an
                                             Council’s Groundfish Management                         interest. Also, for the same reasons,                 opportunity to harvest their limits of
                                             Team (GMT) made model-based                             NMFS finds good cause to waive the 30-                Pacific whiting without interruption
                                             landings projections for the OA fixed                   day delay in effectiveness pursuant to 5              and without exceeding their POP
                                             gear sablefish DTL fishery north of 36°                 U.S.C. 553(d)(3), so that this final rule             bycatch limits because the Pacific
                                             N. lat. for the remainder of the year.                  may become effective May 12, 2017. The                whiting fishery contributes a large
                                             These projections were based on the                     adjustments to management measures in                 amount of revenue to the coastal
                                             most recent information available. The                  this document affect commercial                       communities of Washington and
                                             model predicted harvest of 80 percent                   fisheries in Washington, Oregon and                   Oregon. This action facilitates fleet
                                             (338 mt) of the OA harvest guideline                    California. No aspect of this action is               dynamics to avoid bycatch of Klamath
                                             (HG) (425 mt) under current trip limits.                controversial, and changes of this nature             River Chinook salmon, allows
                                             This indicated that projected catch in                  were anticipated in the biennial harvest              continued harvest of Pacific whiting,
                                             the OA fishery was lower than                           specifications and management                         and allows harvest as intended by the
                                             anticipated when the trip limits were                   measures established for 2017–2018.                   Council, consistent with the best
                                             initially established (98 percent (418 mt)                 Accordingly, for the reasons stated                scientific information available.
                                             of the OA HG). With the increase in trip                below, NMFS finds good cause to waive
                                             limits, predicted harvest is 90 percent                                                                       OA Sablefish DTL Fisheries North of 36°
                                                                                                     prior notice and comment and to waive
                                             (382 mt) of the OA HG (425 mt).                                                                               N. Lat.
                                                                                                     the delay in effectiveness.
                                             Projections for the limited entry fixed                                                                          At the April 2017 Council meeting,
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                                             gear fishery north of 36° N. lat. and for               Transferring POP to the MS and C/P                    the Council recommended an increase
                                             fixed gear sablefish fisheries south of                 Sectors                                               to OA sablefish trip limits be
                                             36° N. lat. were similar to levels                        At the April 2017 Council meeting,                  implemented as quickly as possible to
                                             anticipated in the biennial harvest                     the Council recommended that the                      allow harvest of sablefish to approach
                                             specifications and management                           redistribution of POP to the MS and C/                but not exceed the 2017 ACL. There was
                                             measures, and no requests were made                     P sectors and be implemented as                       not sufficient time after that meeting to
                                             by industry for changes; therefore, and                 quickly as possible to facilitate fishing             undergo proposed and final rulemaking


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                                                                 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations                                             22431

                                             before this action needs to be in effect.                  It is in the public interest for                     Dated: May 11, 2017.
                                             Affording the time necessary for prior                  fishermen to have an opportunity to                   Karen H. Abrams,
                                             notice and opportunity for public                       harvest the sablefish ACL north of 36°                Acting Deputy Director, Office of Sustainable
                                             comment would prevent NMFS from                         N. lat. because the sablefish fishery                 Fisheries, National Marine Fisheries Service.
                                             managing the OA sablefish DTL fishery                   contributes revenue to the coastal                      For the reasons set out in the
                                             using the best available science to                     communities of Washington, Oregon,                    preamble, 50 CFR part 660 is amended
                                             approach, without exceeding, the ACLs                   and California. This action, if                       as follows:
                                             for federally managed species in                        implemented quickly, is anticipated to
                                             accordance with the PCGFMP and                          allow catch of sablefish through the end              PART 660—FISHERIES OFF WEST
                                             applicable law. These increases to trip                 of the year to approach but not exceed                COAST STATES
                                             limits must be implemented as quickly                   the ACL, and allows harvest as intended
                                             as possible during the two-month                        by the Council, consistent with the best              ■ 1. The authority citation for part 660
                                             cumulative limit period to allow OA                                                                           continues to read as follows:
                                                                                                     scientific information available.
                                             fixed gear fishermen an opportunity to                                                                          Authority: 16 U.S.C. 1801 et seq., 16 U.S.C.
                                             harvest higher limits for sablefish                     List of Subjects in 50 CFR Part 660                   773 et seq., and 16 U.S.C. 7001 et seq.
                                             without exceeding the ACL north of 36°                    Fisheries, Fishing, Indian fisheries.               ■ 2. Tables 1a and 1b to part 660,
                                             N. lat.                                                                                                       subpart C, are revised to read as follows:
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BOCACCIO c/                                                  S. of 40°10° N. lat.
COWCOD d/                                                    S. of 40°10° N. lat.
DARKBLOTCHED ROCKFISH e/                                     Coastwide
PACIFIC OCEAN PERCH f/                                         . of 40°10° N. lat.
YELLOWEYE ROCKFISH                                           Coastwide
Arrowtooth flounder                        h/                Coastwide
     skate          1/                                       Coastwide
Black rockfish                                               California (South of 42° N. lat.
Black rockfish                 k/                                                    46° 16‘ N. lat. and 42° N. lat.
Black rockfish                 V                             W               . of 46° 16‘ N. lat.
B             rockfish                   m/                  S. of 40°10° N. lat.
Cabezon         n/                                           California (South of 42° N. lat.
Cabezon             o/                                                               46° 16‘ N. lat. and 42° N. lat.
California                                                   S. of 34°27‘ N. lat.
             rockfish                                        Coastwide
                     r/                                      S. of 40°10° N. lat.
Dover sole               s/                                  Coastwide
             sole        t/                                  Coastwide
                u/                                             . of 40°10° N. lat.
                v/                                           S. of 40°10° N. lat.
                                                             Coastwide
                                                             Coastwide
                                                               . of 34°27‘ N. lat.
                                                             S. of 34°27‘ N. lat.
Pacific cod                                                  Coastwide
Pacific                        z/                            Coastwide
Petrale sole              aa/                                Coastwide
Sable fish                                                   Coastwide

Sablefish           bb/                                        . of 36° N. lat.

Sablefish           cc/                                      S. of 36° N. lat.
Shortbelly     rockfish                   dd/                Coastwide
                                                ee/          Coastwide
                                                               . of 34°27‘ N. lat.
                                                             S. of 34°27‘ N. lat.
                              ff/                            Coastwide
              rockfish                                       S. of 40°10° N. lat.
          flounder              hh/                          Coastwide
Widow rockfish                      i/                       Coastwide
Yellowtail rockfish                                            . of 40°10° N. lat.
Minor Nearshore Rockfish                               kk/     . of 40°10° N. lat.
Mmmor Shelf Rockfish                          1/               . of 40°10° N. lat.
Minor                Rockfish                   mm/            . of 40°10° N. lat.
Minor Nearshore Rockfish                               nn/   S. of 40°10° N. lat.
Minor Shelf Rockfish                            00o/         S. of 40°10° N. lat.
Minor                Rockfish                                S. of 40°10° N. lat.
Other Flatfish                                               Coastwide
Other Fish               rr/                                 Coastwide


                                                                 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations                                             22433
                                                a Annual catch limits (ACLs), annual catch           percent of its unfished biomass in 2015. The          accommodate the Tribal fishery (2,041 mt),
                                             targets (ACTs) and harvest guidelines (HGs)             OFL of 671 mt is projected in the 2015 stock          the incidental open access fishery (40.8 mt),
                                             are specified as total catch values.                    assessment using an FMSY proxy of F50%.               and research catch (16.4 mt), resulting in a
                                                b Fishery harvest guidelines means the               The ABC of 641 mt is a 4.4 percent reduction          fishery HG of 11,705.9 mt.
                                             harvest guideline or quota after subtracting            from the OFL (s=0.36/P*=0.45) because it is              i Big skate. The OFL of 541 mt is based on

                                             Pacific Coast treaty Indian tribes allocations          a category 1 stock. The ACL is set equal to           an estimate of trawl survey biomass and
                                             and projected catch, projected research catch,          the ABC, as the stock is projected to be above        natural mortality. The ABC of 494 mt is an
                                             deductions for fishing mortality in non-                its target biomass of B40% in 2017. 77.3 mt           8.7 percent reduction from the OFL (s=0.72/
                                             groundfish fisheries, and deductions for EFPs           is deducted from the ACL to accommodate               P*=0.45) as it is a category 2 stock. The ACL
                                             from the ACL or ACT.                                    the Tribal fishery (0.2 mt), the incidental           is set equal to the ABC. 57.4 mt is deducted
                                                c Bocaccio. A stock assessment was
                                                                                                     open access fishery (24.5 mt), EFP catch (0.1         from the ACL to accommodate the Tribal
                                             conducted in 2015 for the bocaccio stock                mt), research catch (2.5 mt) and an additional        fishery (15 mt), the incidental open access
                                             between the U.S.-Mexico border and Cape                 deduction for unforeseen catch events (50             fishery (38.4 mt), and research catch (4 mt),
                                             Blanco. The stock is managed with stock-                mt), resulting in a fishery HG of 563.8 mt.           resulting in a fishery HG of 436.6 mt.
                                             specific harvest specifications south of 40°10′            f Pacific ocean perch. A stock assessment             j Black rockfish (California). A 2015 stock
                                             N. lat. and within the Minor Shelf Rockfish             was conducted in 2011 and the stock was               assessment estimated the stock to be at 33
                                             complex north of 40°10′ N. lat. A historical            estimated to be at 19.1 percent of its unfished       percent of its unfished biomass in 2015. The
                                             catch distribution of approximately 7.4                 biomass in 2011. The OFL of 964 mt for the            OFL of 349 mt is projected in the 2015 stock
                                             percent was used to apportion the assessed              area north of 40°10′ N. lat. is based on an           assessment using an FMSY proxy of F50%.
                                             stock to the area north of 40°10′ N. lat. The           updated catch-only projection of the 2011             The ABC of 334 mt is a 4.4 percent reduction
                                             bocaccio stock was estimated to be at 36.8              rebuilding analysis using an F50% FMSY                from the OFL (s=0.36/P*=0.45) because it is
                                             percent of its unfished biomass in 2015. The            proxy. The ABC of 922 mt is a 4.4 percent             a category 1 stock. The ACL is set equal to
                                             OFL of 2,139 mt is projected in the 2015                reduction from the OFL (s=0.36/P*=0.45)               the ABC because the stock is projected to be
                                             stock assessment using an FMSY proxy of                 because it is a category 1 stock. The ACL is          above its target biomass of B40% in 2017. 1
                                             F50%. The ABC of 2,044 mt is a 4.4 percent              based on the current rebuilding plan with a           mt is deducted from the ACL to
                                             reduction from the OFL (s=0.36/P*=0.45)                 target year to rebuild of 2051 and a constant         accommodate EFP catch (1 mt), resulting in
                                             because it is a category 1 stock. The 790 mt            catch amount of 281 mt in 2017 and 2018,              a fishery HG of 333 mt.
                                             ACL is based on the current rebuilding plan             followed in 2019 and beyond by ACLs based                k Black rockfish (Oregon). A 2015 stock
                                             with a target year to rebuild of 2022 and an            on an SPR harvest rate of 86.4 percent. 49.4          assessment estimated the stock to be at 60
                                             SPR harvest rate of 77.7 percent. 15.4 mt is            mt is deducted from the ACL to                        percent of its unfished biomass in 2015. The
                                             deducted from the ACL to accommodate the                accommodate the Tribal fishery (9.2 mt), the          OFL of 577 mt is projected in the 2015 stock
                                             incidental open access fishery (0.8 mt), EFP
                                                                                                     incidental open access fishery (10 mt),               assessment using an FMSY proxy of F50%.
                                             catch (10 mt) and research catch (4.6 mt),
                                                                                                     research catch (5.2 mt) and an additional             The ABC of 527 mt is an 8.7 percent
                                             resulting in a fishery HG of 774.6 mt. The
                                                                                                     deduction for unforeseen catch events (25             reduction from the OFL (s=0.72/P*=0.45)
                                             California recreational fishery has an HG of
                                                                                                     mt), resulting in a fishery HG of 231.6 mt. Of        because it is a category 2 stock. The ACL is
                                             326.1 mt.
                                                d Cowcod. A stock assessment for the                 the 10 mt initially deducted from the ACL to          set equal to the ABC because the stock is
                                             Conception Area was conducted in 2013 and               account for mortality in the incidental open          above its target biomass of B40%. 0.6 mt is
                                             the stock was estimated to be at 33.9 percent           access fishery, a total of 7 mt is distributed        deducted from the ACL to accommodate the
                                             of its unfished biomass in 2013. The                    to the mothership and catcher/processor               incidental open access fishery (0.6 mt),
                                             Conception Area OFL of 58 mt is projected               sectors inseason, 3.5 mt to each sector               resulting in a fishery HG of 526.4 mt.
                                             in the 2013 rebuilding analysis using an                consistent with § 660.60(c)(3)(ii), resulting in         l Black rockfish (Washington). A 2015 stock

                                             FMSY proxy of F50%. The OFL contribution                a 3 mt deduction from the ACL for mortality           assessment estimated the stock to be at 43
                                             of 12 mt for the unassessed portion of the              in the incidental open access fishery.                percent of its unfished biomass in 2015. The
                                                                                                        g Yelloweye rockfish. A stock assessment           OFL of 319 mt is projected in the 2015 stock
                                             stock in the Monterey area is based on
                                             depletion-based stock reduction analysis.               update was conducted in 2011. The stock               assessment using an FMSY proxy of F50%.
                                             The OFLs for the Monterey and Conception                was estimated to be at 21.4 percent of its            The ABC of 305 mt is a 4.4 percent reduction
                                             areas were summed to derive the south of                unfished biomass in 2011. The 57 mt                   from the OFL (s=0.36/P*=0.45) because it is
                                             40°10′ N. lat. OFL of 70 mt. The ABC for the            coastwide OFL is based on a catch-only                a category 1 stock. The ACL is set equal to
                                             area south of 40°10′ N. lat. is 63 mt. The              update of the 2011 stock assessment,                  the ABC because the stock is above its target
                                             assessed portion of the stock in the                    assuming actual catches since 2011 and using          biomass of B40%. 18 mt is deducted from the
                                             Conception Area is considered category 2,               an FMSY proxy of F50%. The ABC of 47 mt               ACL to accommodate the Tribal fishery,
                                             with a Conception area contribution to the              is a 16.7 percent reduction from the OFL              resulting in a fishery HG of 287 mt.
                                             ABC of 53 mt, which is an 8.7 percent                   (s=0.72/P*=0.40) because it is a category 2              m Blackgill rockfish. Blackgill rockfish

                                             reduction from the Conception area OFL                  stock. The 20 mt ACL is based on the current          contributes to the harvest specifications for
                                             (s=0.72/P*=0.45). The unassessed portion of             rebuilding plan with a target year to rebuild         the Minor Slope Rockfish South complex.
                                             the stock in the Monterey area is considered            of 2074 and an SPR harvest rate of 76.0               See footnote pp.
                                             a category 3 stock, with a contribution to the          percent. 5.4 mt is deducted from the ACL to              n Cabezon (California). A cabezon stock

                                             ABC of 10 mt, which is a 16.6 percent                   accommodate the Tribal fishery (2.3 mt), the          assessment was conducted in 2009. The
                                             reduction from the Monterey area OFL                    incidental open access fishery (0.4 mt), EFP          cabezon spawning biomass in waters off
                                             (s=1.44/P*=0.45). A single ACL of 10 mt is              catch (less than 0.1 mt) and research catch           California was estimated to be at 48.3 percent
                                             being set for both areas combined. The ACL              (2.7 mt), resulting in a fishery HG of 14.6 mt.       of its unfished biomass in 2009. The OFL of
                                             of 10 mt is based on the rebuilding plan with           Recreational HGs are: 3.3 mt (Washington); 3          157 mt is calculated using an FMSY proxy
                                             a target year to rebuild of 2020 and an SPR             mt (Oregon); and 3.9 mt (California).                 of F45%. The ABC of 150 mt is based on a
                                                                                                        h Arrowtooth flounder. The arrowtooth              4.4 percent reduction from the OFL (s=0.36/
                                             harvest rate of 82.7 percent, which is
                                             equivalent to an exploitation rate (catch over          flounder stock was last assessed in 2007 and          P*=0.45) because it is a category 1 stock. The
                                             age 11 + biomass) of 0.007. 2 mt is deducted            was estimated to be at 79 percent of its              ACL is set equal to the ABC because the stock
                                             from the ACL to accommodate the incidental              unfished biomass in 2007. The OFL of 16,571           is above its target biomass of B40%. 0.3 mt
                                             open access fishery (less than 0.1 mt), EFP             mt is derived from a catch-only update of the         is deducted from the ACL to accommodate
pmangrum on DSK3GDR082PROD with RULES




                                             fishing (less than 0.1 mt) and research                 2007 stock assessment assuming actual                 the incidental open access fishery, resulting
                                             activity (2 mt), resulting in a fishery HG of           catches since 2007 and using an F30% FMSY             in a fishery HG of 149.7 mt.
                                             8 mt. Any additional mortality in research              proxy. The ABC of 13,804 mt is a 16.7                    o Cabezon (Oregon). A cabezon stock

                                             activities will be deducted from the ACL. A             percent reduction from the OFL (s=0.72/               assessment was conducted in 2009. The
                                             single ACT of 4 mt is being set for both areas          P*=0.40) because it is a category 2 stock. The        cabezon spawning biomass in waters off
                                             combined.                                               ACL is set equal to the ABC because the stock         Oregon was estimated to be at 52 percent of
                                                e Darkblotched rockfish. A 2015 stock                is above its target biomass of B25%. 2,098.1          its unfished biomass in 2009. The OFL of 49
                                             assessment estimated the stock to be at 39              mt is deducted from the ACL to                        mt is calculated using an FMSY proxy of



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                                             22434               Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations

                                             F45%. The ABC of 47 mt is based on a 4.4                stock. The ACL could be set equal to the ABC          estimated to be at 66 percent of its unfished
                                             percent reduction from the OFL (s=0.36/                 because the stock is above its target biomass         biomass. The OFL of 2,556 mt is derived
                                             P*=0.45) because it is a category 1 species.            of B25%. However, the ACL of 50,000 mt is             from the 2007 stock assessment using an
                                             The ACL is set equal to the ABC because the             set at a level below the ABC and higher than          FMSY proxy of F50%. The ABC of 2,444 mt
                                             stock is above its target biomass of B40%.              the maximum historical landed catch.                  is a 4.4 percent reduction from the OFL
                                             There are no deductions from the ACL so the             1,593.7 mt is deducted from the ACL to                (s=0.36/P*=0.45) because it is a category 1
                                             fishery HG is also equal to the ACL of 47 mt.           accommodate the Tribal fishery (1,497 mt),            stock. The ACL of 2,000 mt is a fixed harvest
                                                p California scorpionfish. A California              the incidental open access fishery (54.8 mt),         level that provides greater access to the stock
                                             scorpionfish assessment was conducted in                and research catch (41.9 mt), resulting in a          and is less than the ABC. 147 mt is deducted
                                             2005 and was estimated to be at 79.8 percent            fishery HG of 48,406.3 mt.                            from the ACL to accommodate the Tribal
                                                                                                        t English sole. A 2013 stock assessment was
                                             of its unfished biomass in 2005. The OFL of                                                                   fishery (130 mt), incidental open access
                                             289 mt is based on projections from a catch-            conducted, which estimated the stock to be            fishery (3.8 mt), and research catch (13.2 mt),
                                             only update of the 2005 assessment assuming             at 88 percent of its unfished biomass in 2013.        resulting in a fishery HG of 1,853 mt.
                                             actual catches since 2005 and using an FMSY             The OFL of 10,914 mt is projected in the                 x Longspine thornyhead. A 2013 longspine

                                             harvest rate proxy of F50%. The ABC of 264              2013 assessment using an FMSY proxy of                thornyhead coastwide stock assessment
                                             mt is an 8.7 percent reduction from the OFL             F30%. The ABC of 9,964 mt is an 8.7 percent           estimated the stock to be at 75 percent of its
                                             (s=0.72/P*=0.45) because it is a category 2             reduction from the OFL (s=0.72/P*=0.45)               unfished biomass in 2013. A coastwide OFL
                                             stock. The ACL is set at a constant catch               because it is a category 2 stock. The ACL is          of 4,571 mt is projected in the 2013 stock
                                             amount of 150 mt. 2.2 mt is deducted from               set equal to the ABC because the stock is             assessment using an F50% FMSY proxy. The
                                             the ACL to accommodate the incidental open              above its target biomass of B25%. 212.8 mt            coastwide ABC of 3,808 mt is a 16.7 percent
                                             access fishery (2 mt) and research catch (0.2           is deducted from the ACL to accommodate               reduction from the OFL (s=0.72/P*=0.40)
                                             mt), resulting in a fishery HG of 147.8 mt. An          the Tribal fishery (200 mt), the incidental           because it is a category 2 stock. For the
                                             ACT of 111 mt is established.                           open access fishery (7.0 mt) and research             portion of the stock that is north of 34°27′ N.
                                                q Canary rockfish. A stock assessment was            catch (5.8 mt), resulting in a fishery HG of          lat., the ACL is 2,894 mt, and is 76 percent
                                             conducted in 2015 and the stock was                     9,751.2 mt.                                           of the coastwide ABC based on the average
                                                                                                        u Lingcod north. The 2009 lingcod
                                             estimated to be at 55.5 percent of its unfished                                                               swept-area biomass estimates (2003–2012)
                                             biomass coastwide in 2015. The coastwide                assessment modeled two populations north              from the NMFS NWFSC trawl survey. 46.8
                                             OFL of 1,793 mt is projected in the 2015                and south of the California-Oregon border             mt is deducted from the ACL to
                                             assessment using an FMSY harvest rate proxy             (42° N. lat.). Both populations were healthy          accommodate the Tribal fishery (30 mt), the
                                             of F50%. The ABC of 1,714 mt is a 4.4                   with stock depletion estimated at 62 and 74           incidental open access fishery (3.3 mt), and
                                                                                                     percent for the north and south, respectively         research catch (13.5 mt), resulting in a fishery
                                             percent reduction from the OFL (s=0.36/
                                                                                                     in 2009. The OFL is based on an updated
                                             P*=0.45) because it is a category 1 stock. The                                                                HG of 2,847.2 mt. For that portion of the
                                                                                                     catch-only projection from the 2009
                                             ACL is set equal to the ABC because the stock                                                                 stock south of 34°27′ N. lat. the ACL is 914
                                                                                                     assessment assuming actual catches since
                                             is above its target biomass of B40%. 247 mt                                                                   mt and is 24 percent of the coastwide ABC
                                                                                                     2009 and using an FMSY proxy of F45%. The
                                             is deducted from the ACL to accommodate                                                                       based on the average swept-area biomass
                                                                                                     OFL is apportioned north of 40°10′ N. lat. by
                                             the Tribal fishery (50 mt), the incidental open                                                               estimates (2003–2012) from the NMFS
                                                                                                     adding 48% of the OFL from California,
                                             access fishery (1.2 mt), EFP catch (1 mt),              resulting in an OFL of 3,549 mt for the area          NWFSC trawl survey. 3.2 mt is deducted
                                             research catch (7.2 mt), and an additional              north of 40°10′ N. lat. The ABC of 3,333 mt           from the ACL to accommodate the incidental
                                             deduction for unforeseen catch events (188              is based on a 4.4 percent reduction (s=0.36/          open access fishery (1.8 mt), and research
                                             mt), resulting in a fishery HG of 1,466.6 mt.           P*=0.45) from the OFL contribution for the            catch (1.4 mt), resulting in a fishery HG of
                                             Recreational HGs are: 50 mt (Washington); 75            area north of 42° N. lat. because it is a             910.8 mt.
                                             mt (Oregon); and 135 mt (California).                   category 1 stock, and an 8.7 percent
                                                                                                                                                              y Pacific cod. The 3,200 mt OFL is based
                                                r Chilipepper. A coastwide update                                                                          on the maximum level of historic landings.
                                                                                                     reduction (s=0.72/P*=0.45) from the OFL
                                             assessment of the chilipepper stock was                 contribution for the area between 42° N. lat.         The ABC of 2,221 mt is a 30.6 percent
                                             conducted in 2015 and estimated to be at 64             and 40°10′ N. lat. because it is a category 2         reduction from the OFL (s=1.44/P*=0.40)
                                             percent of its unfished biomass in 2015.                stock. The ACL is set equal to the ABC                because it is a category 3 stock. The 1,600 mt
                                             Chilipepper are managed with stock-specific             because the stock is above its target biomass         ACL is the OFL reduced by 50 percent as a
                                             harvest specifications south of 40°10′ N. lat.          of B40%. 278.2 mt is deducted from the ACL            precautionary adjustment. 509 mt is
                                             and within the Minor Shelf Rockfish                     for the Tribal fishery (250 mt), the incidental       deducted from the ACL to accommodate the
                                             complex north of 40°10′ N. lat. Projected               open access fishery (16 mt), EFP catch (0.5           Tribal fishery (500 mt), research catch (7 mt),
                                             OFLs are stratified north and south of 40°10′           mt) and research catch (11.7 mt), resulting in        and the incidental open access fishery (2 mt),
                                             N. lat. based on the average historical                 a fishery HG of 3,054.8 mt.                           resulting in a fishery HG of 1,091 mt.
                                             assessed area catch, which is 93 percent for               v Lingcod south. The 2009 lingcod                     z Pacific whiting. The coastwide (U.S. and

                                             the area south of 40°10′ N. lat. and 7 percent          assessment modeled two populations north              Canada) stock assessment was published in
                                             for the area north of 40°10′ N. lat. The OFL            and south of the California-Oregon border             2017 and estimated the spawning stock to be
                                             of 2,727 mt for the area south of 40°10′ N.             (42° N. lat.). Both populations were healthy          at 89 percent of its unfished biomass. The
                                             lat. is projected in the 2015 assessment using          with stock depletion estimated at 62 and 74           2017 coastwide OFL of 969,840 mt is based
                                             an FMSY proxy of F50%. The ABC of 2,607                 percent for the north and south, respectively         on the 2017 assessment with an F40% FMSY
                                             mt is a 4.4 percent reduction from the OFL              in 2009. The OFL is based on an updated               proxy. The 2017 coastwide, unadjusted Total
                                             (s=0.36/P*=0.45) because it is a category 1             catch-only projection of the 2009 stock               Allowable Catch (TAC) of 531,501 mt is
                                             stock. The ACL is set equal to the ABC                  assessment assuming actual catches since              based on the 2017 stock assessment and the
                                             because the stock is above its target biomass           2009 using an FMSY proxy of F45%. The                 recommendation by the Joint Management
                                             of B40%. 45.9 mt is deducted from the ACL               OFL is apportioned by subtracting 48% of the          Committee (JMC), based on a precautionary
                                             to accommodate the incidental open access               California OFL, resulting in an OFL of 1,502          approach. The U.S. TAC is 73.88 percent of
                                             fishery (5 mt), EFP fishing (30 mt), and                mt for the area south of 40°10′ N. lat. The           the coastwide TAC, or 392,673 mt unadjusted
                                             research catch (10.9 mt), resulting in a fishery        ABC of 1,251 mt is based on a 16.7 percent            TAC for 2017. 15 percent of each party’s
                                             HG of 2,561.1 mt.                                       reduction from the OFL (s=0.72/P*=0.40)               unadjusted 2016 TAC (48,760 mt for the U.S.)
                                                s Dover sole. A 2011 Dover sole assessment                                                                 is added to each party’s 2017 unadjusted
                                                                                                     because it is a category 2 stock. The ACL is
pmangrum on DSK3GDR082PROD with RULES




                                             estimated the stock to be at 83.7 percent of            set equal to the ABC because the stock is             TAC, resulting in a U.S. adjusted 2017 TAC
                                             its unfished biomass in 2011. The OFL of                above its target biomass of B40%. 9 mt is             of 431,433 mt. The 2017 fishery HG for
                                             89,702 mt is based on an updated catch-only             deducted from the ACL to accommodate the              Pacific whiting is 362,682 mt. This amount
                                             projection from the 2011 stock assessment               incidental open access fishery (6.9 mt), EFP          was determined by deducting from the total
                                             assuming actual catches since 2011 and using            fishing (1 mt), and research catch (1.1 mt),          U.S. TAC of 431,433 mt, the 77,251 mt tribal
                                             an FMSY proxy of F30%. The ABC of 85,755                resulting in a fishery HG of 1,242 mt.                allocation, along with 1,500 mt for scientific
                                             mt is a 4.4 percent reduction from the OFL                 w Longnose skate. A stock assessment was           research catch and fishing mortality in non-
                                             (s=0.36/P*=0.45) because it is a category 1             conducted in 2007 and the stock was                   groundfish fisheries.



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                                                                 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations                                             22435
                                                aa Petrale sole. A 2015 stock assessment             N. lat., the ACL is 1,713 mt. The northern            because the stock was estimated to be above
                                             update was conducted, which estimated the               ACL is 65.4 percent of the coastwide ABC              its target biomass of B25% in 2017. 10.3 mt
                                             stock to be at 31 percent of its unfished               based on the average swept-area biomass               is deducted from the ACL to accommodate
                                             biomass in 2015. The OFL of 3,280 mt is                 estimates (2003–2012) from the NMFS                   the Tribal fishery (2 mt), and the incidental
                                             projected in the 2015 assessment using an               NWFSC trawl survey. 59 mt is deducted from            open access fishery (8.3 mt), resulting in a
                                             FMSY proxy of F30%. The ABC of 3,136 mt                 the ACL to accommodate the Tribal fishery             fishery HG of 1,271.7 mt.
                                             is a 4.4 percent reduction from the OFL                 (50 mt), the incidental open access fishery              ii Widow rockfish. The widow rockfish

                                             (s=0.36/P*=0.45) because it is a category 1             (1.8 mt), and research catch (7.2 mt),                stock was assessed in 2015 and was
                                             stock. The ACL is set equal to the ABC                  resulting in a fishery HG of 1,654 mt for the         estimated to be at 75 percent of its unfished
                                             because the stock is above its target biomass           area north of 34°27′ N. lat. For that portion         biomass in 2015. The OFL of 14,130 mt is
                                             of B25%. 240.9 mt is deducted from the ACL              of the stock south of 34°27′ N. lat. the ACL          projected in the 2015 stock assessment using
                                             to accommodate the Tribal fishery (220 mt),             is 906 mt. The southern ACL is 34.6 percent           the F50% FMSY proxy. The ABC of 13,508
                                             the incidental open access fishery (3.2 mt)             of the coastwide ABC based on the average             mt is a 4.4 percent reduction from the OFL
                                             and research catch (17.7 mt), resulting in a            swept-area biomass estimates (2003–2012)              (s=0.36/P*=0.45) because it is a category 1
                                             fishery HG of 2,895.1 mt.                               from the NMFS NWFSC trawl survey. 42.3                stock. The ACL is set equal to the ABC
                                                bb Sablefish north. A coastwide sablefish            mt is deducted from the ACL to                        because the stock is above its target biomass
                                             stock assessment update was conducted in                accommodate the incidental open access                of B40%. 217.7 mt is deducted from the ACL
                                             2015. The coastwide sablefish biomass was               fishery (41.3 mt) and research catch (1 mt),          to accommodate the Tribal fishery (200 mt),
                                             estimated to be at 33 percent of its unfished           resulting in a fishery HG of 863.7 mt for the         the incidental open access fishery (0.5 mt),
                                             biomass in 2015. The coastwide OFL of 8,050             area south of 34°27′ N. lat.                          EFP catch (9 mt) and research catch (8.2 mt),
                                             mt is projected in the 2015 stock assessment               ff Spiny dogfish. A coastwide spiny dogfish        resulting in a fishery HG of 13,290.3 mt.
                                             using an FMSY proxy of F45%. The ABC of                 stock assessment was conducted in 2011. The              jj Yellowtail rockfish. A 2013 yellowtail

                                             7,350 mt is an 8.7 percent reduction from the           coastwide spiny dogfish biomass was                   rockfish stock assessment was conducted for
                                             OFL (s=0.36/P*=0.40). The 40–10 adjustment              estimated to be at 63 percent of its unfished         the portion of the population north of 40°10′
                                             is applied to the ABC to derive a coastwide             biomass in 2011. The coastwide OFL of 2,514           N. lat. The estimated stock depletion was 67
                                             ACL value because the stock is in the                   mt is derived from the 2011 assessment using          percent of its unfished biomass in 2013. The
                                             precautionary zone. This coastwide ACL                  an FMSY proxy of F50%. The coastwide ABC              OFL of 6,786 mt is projected in the 2013
                                             value is not specified in regulations. The              of 2,094 mt is a 16.7 percent reduction from          stock assessment using an FMSY proxy of
                                             coastwide ACL value is apportioned north                the OFL (s=0.72/P*=0.40) because it is a              F50%. The ABC of 6,196 mt is an 8.7 percent
                                             and south of 36° N. lat., using the 2003–2014           category 2 stock. The ACL is set equal to the         reduction from the OFL (s=0.72/P*=0.45)
                                             average estimated swept area biomass from               ABC because the stock is above its target             because it is a category 2 stock. The ACL is
                                             the NMFS NWFSC trawl survey, with 73.8                  biomass of B40%. 338 mt is deducted from              set equal to the ABC because the stock is
                                             percent apportioned north of 36° N. lat. and            the ACL to accommodate the Tribal fishery             above its target biomass of B40%. 1,030 mt
                                             26.2 percent apportioned south of 36° N. lat.           (275 mt), the incidental open access fishery          is deducted from the ACL to accommodate
                                             The northern ACL is 5,252 mt and is reduced             (49.5 mt), EFP catch (1 mt), and research             the Tribal fishery (1,000 mt), the incidental
                                             by 525 mt for the Tribal allocation (10                 catch (12.5 mt), resulting in a fishery HG of         open access fishery (3.4 mt), EFP catch (10
                                             percent of the ACL north of 36° N. lat.). The           1,756 mt.                                             mt) and research catch (16.6 mt), resulting in
                                             525 mt Tribal allocation is reduced by 1.5                 gg Splitnose rockfish. A coastwide splitnose       a fishery HG of 5,166.1 mt.
                                             percent to account for discard mortality.               rockfish assessment was conducted in 2009                kk Minor Nearshore Rockfish north. The

                                             Detailed sablefish allocations are shown in             that estimated the stock to be at 66 percent          OFL for Minor Nearshore Rockfish north of
                                             Table 1c.                                               of its unfished biomass in 2009. Splitnose            40°10′ N. lat. of 118 mt is the sum of the OFL
                                                cc Sablefish south. The ACL for the area             rockfish in the north is managed in the Minor         contributions for the component species
                                             south of 36° N. lat. is 1,864 mt (26.2 percent          Slope Rockfish complex and with stock-                managed in the complex. The ABCs for the
                                             of the calculated coastwide ACL value). 5 mt            specific harvest specifications south of 40°10′       minor rockfish complexes are based on a
                                             is deducted from the ACL to accommodate                 N. lat. The coastwide OFL is projected in the         sigma value of 0.72 for category 2 stocks
                                             the incidental open access fishery (2 mt) and           2009 assessment using an FMSY proxy of                (blue/deacon rockfish in California, brown
                                             research catch (3 mt), resulting in a fishery           F50%. The coastwide OFL is apportioned                rockfish, China rockfish, and copper
                                             HG of 1,859 mt.                                         north and south of 40°10′ N. lat. based on the        rockfish) and a sigma value of 1.44 for
                                                dd Shortbelly rockfish. A non-quantitative           average 1916–2008 assessed area catch,                category 3 stocks (all others) with a P* of
                                             shortbelly rockfish assessment was                      resulting in 64.2 percent of the coastwide            0.45. The resulting ABC of 105 mt is the
                                             conducted in 2007. The spawning stock                   OFL apportioned south of 40°10′ N. lat., and          summed contribution of the ABCs for the
                                             biomass of shortbelly rockfish was estimated            35.8 percent apportioned for the contribution         component species. The ACL of 105 mt is the
                                             to be 67 percent of its unfished biomass in             of splitnose rockfish to the northern Minor           sum of contributing ABCs of healthy assessed
                                             2005. The OFL of 6,950 mt is based on the               Slope Rockfish complex. The southern OFL              stocks and unassessed stocks, plus the ACL
                                             estimated MSY in the 2007 stock assessment.             of 1,841 mt results from the apportionment            contributions for blue/deacon rockfish in
                                             The ABC of 5,789 mt is a 16.7 percent                   described above. The southern ABC of 1,760            California where the 40–10 adjustment was
                                             reduction of the OFL (s=0.72/P*=0.40)                   mt is a 4.4 percent reduction from the                applied to the ABC contribution for this stock
                                             because it is a category 2 stock. The 500 mt            southern OFL (s=0.36/P*=0.45) because it is           because it is in the precautionary zone. 1.8
                                             ACL is set to accommodate incidental catch              a category 1 stock. The ACL is set equal to           mt is deducted from the ACL to
                                             when fishing for co-occurring healthy stocks            the ABC because the stock is estimated to be          accommodate the Tribal fishery (1.5 mt) and
                                             and in recognition of the stock’s importance            above its target biomass of B40%. 10.7 mt is          the incidental open access fishery (0.3 mt),
                                             as a forage species in the California Current           deducted from the ACL to accommodate the              resulting in a fishery HG of 103.2 mt.
                                             ecosystem. 10.9 mt is deducted from the ACL             incidental open access fishery (0.2 mt),              Between 40°10′ N. lat. and 42° N. lat. the
                                             to accommodate the incidental open access               research catch (9 mt) and EFP catch (1.5 mt),         Minor Nearshore Rockfish complex north has
                                             fishery (8.9 mt) and research catch (2 mt),             resulting in a fishery HG of 1,749.3 mt.              a harvest guideline of 40.2 mt. Blue/deacon
                                             resulting in a fishery HG of 489.1 mt.                     hh Starry flounder. The stock was assessed         rockfish south of 42° N. lat. has a stock-
                                                ee Shortspine thornyhead. A 2013                     in 2005 and was estimated to be above 40              specific HG, described in footnote nn.
                                             coastwide shortspine thornyhead stock                   percent of its unfished biomass in 2005 (44              ll Minor Shelf Rockfish north. The OFL for
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                                             assessment estimated the stock to be at 74.2            percent in Washington and Oregon, and 62              Minor Shelf Rockfish north of 40°10′ N. lat.
                                             percent of its unfished biomass in 2013. A              percent in California). The coastwide OFL of          of 2,303 mt is the sum of the OFL
                                             coastwide OFL of 3,144 mt is projected in the           1,847 mt is set equal to the 2016 OFL, which          contributions for the component species
                                             2013 stock assessment using an F50% FMSY                was derived from the 2005 assessment using            within the complex. The ABCs for the minor
                                             proxy. The coastwide ABC of 2,619 mt is a               an FMSY proxy of F30%. The ABC of 1,282               rockfish complexes are based on a sigma
                                             16.7 percent reduction from the OFL (s=0.72/            mt is a 30.6 percent reduction from the OFL           value of 0.36 for a category 1 stock
                                             P*=0.40) because it is a category 2 stock. For          (s=1.44/P*=0.40) because it is a category 3           (chilipepper), a sigma value of 0.72 for
                                             the portion of the stock that is north of 34°27′        stock. The ACL is set equal to the ABC                category 2 stocks (greenspotted rockfish



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                                             22436               Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations

                                             between 40°10′ and 42° N. lat. and                      the ACL contribution for blue/deacon                  mt is deducted from the ACL to
                                             greenstriped rockfish), and a sigma value of            rockfish north of 34°27′ N. lat. and China            accommodate the incidental open access
                                             1.44 for category 3 stocks (all others) with a          rockfish where the 40–10 adjustment was               fishery (17.2 mt), EFP catch (1 mt), and
                                             P* of 0.45. The resulting ABC of 2,049 mt is            applied to the ABC contributions for these            research catch (2 mt), resulting in a fishery
                                             the summed contribution of the ABCs for the             two stocks because they are in the                    HG of 686.8 mt. Blackgill rockfish has a
                                             component species. The ACL of 2,049 mt is               precautionary zone. 4.1 mt is deducted from           stock-specific HG for the entire groundfish
                                             the sum of contributing ABCs of healthy                 the ACL to accommodate the incidental open            fishery south of 40°10′ N lat. set equal to the
                                             assessed stocks and unassessed stocks, plus             access fishery (1.4 mt) and research catch (2.7       species’ contribution to the 40–10-adjusted
                                             the ACL contribution of greenspotted                    mt), resulting in a fishery HG of 1,158.9 mt.         ACL. Harvest of blackgill rockfish in all
                                             rockfish in California where the 40–10                  Blue/deacon rockfish south of 42° N. lat. has         groundfish fisheries counts against this HG of
                                             adjustment was applied to the ABC                       a stock-specific HG set equal to the 40–10-           120.2 mt. Nontrawl fisheries are subject to a
                                             contribution for this stock because it is in the        adjusted ACL for the portion of the stock             blackgill rockfish HG of 44.5 mt.
                                             precautionary zone. 83.8 mt is deducted from            north of 34°27′ N lat. (243.7 mt) plus the ABC           qq Other Flatfish. The Other Flatfish
                                             the ACL to accommodate the Tribal fishery               contribution for the unassessed portion of the        complex is comprised of flatfish species
                                             (30 mt), the incidental open access fishery             stock south of 34°27′ N. lat. (60.8 mt). The          managed in the PCGFMP that are not
                                             (26 mt), EFP catch (3 mt), and research catch           California (i.e. south of 42° N. lat.) blue/          managed with stock-specific OFLs/ABCs/
                                             (24.8 mt), resulting in a fishery HG of 1,965.2         deacon rockfish HG is 304.5 mt.                       ACLs. Most of the species in the Other
                                             mt.                                                        oo Minor Shelf Rockfish south. The OFL for
                                                                                                                                                           Flatfish complex are unassessed and include:
                                                mm Minor Slope Rockfish north. The OFL               the Minor Shelf Rockfish complex south of             Butter sole, curlfin sole, flathead sole, Pacific
                                             for Minor Slope Rockfish north of 40°10′ N.             40°10′ N. lat. of 1,917 mt is the sum of the          sanddab, rock sole, sand sole, and rex sole.
                                             lat. of 1,897 mt is the sum of the OFL                  OFL contributions for the component species           The Other Flatfish OFL of 11,165 mt is based
                                             contributions for the component species                 within the complex. The ABC for the
                                                                                                                                                           on the sum of the OFL contributions of the
                                             within the complex. The ABCs for the Minor              southern Minor Shelf Rockfish complex is
                                                                                                                                                           component stocks. The ABC of 8,510 mt is
                                             Slope Rockfish complexes are based on a                 based on a sigma value of 0.72 for category
                                                                                                                                                           based on a sigma value of 0.72 for a category
                                             sigma value of 0.39 for aurora rockfish, a              2 stocks (greenspotted and greenstriped
                                                                                                                                                           2 stock (rex sole) and a sigma value of 1.44
                                             sigma value of 0.36 for the other category 1            rockfish) and a sigma value of 1.44 for
                                             stock (splitnose rockfish), a sigma value of            category 3 stocks (all others) with a P* of           for category 3 stocks (all others) with a P* of
                                             0.72 for category 2 stocks (rougheye rockfish,          0.45. The resulting ABC of 1,624 mt is the            0.40. The ACL is set equal to the ABC. The
                                             blackspotted rockfish, and sharpchin                    summed contribution of the ABCs for the               ACL is set equal to the ABC because all of
                                             rockfish), and a sigma value of 1.44 for                component species. The ACL of 1,623 mt is             the assessed stocks (i.e., Pacific sanddabs and
                                             category 3 stocks (all others) with a P* of             the sum of contributing ABCs of healthy               rex sole) were above their target biomass of
                                             0.45. A unique sigma of 0.39 was calculated             assessed stocks and unassessed stocks, plus           B25%. 204 mt is deducted from the ACL to
                                             for aurora rockfish because the variance in             the ACL contribution of greenspotted                  accommodate the Tribal fishery (60 mt), the
                                             estimated spawning biomass was greater than             rockfish in California where the 40–10                incidental open access fishery (125 mt), and
                                             the 0.36 used as a proxy for other category             adjustment was applied to the ABC                     research catch (19 mt), resulting in a fishery
                                             1 stocks. The resulting ABC of 1,755 mt is the          contribution for this stock because it is in the      HG of 8,306 mt.
                                                                                                                                                              rr Other Fish. The Other Fish complex is
                                             summed contribution of the ABCs for the                 precautionary zone. 47.2 mt is deducted from
                                             component species. The ACL is set equal to              the ACL to accommodate the incidental open            comprised of kelp greenling coastwide,
                                             the ABC because all the assessed component              access fishery (8.6 mt), EFP catch (30 mt),           cabezon off Washington, and leopard shark
                                             stocks (i.e., rougheye rockfish, blackspotted           and research catch (8.6 mt), resulting in a           coastwide. The 2015 assessment for the kelp
                                             rockfish, sharpchin rockfish, and splitnose             fishery HG of 1,575.8 mt.                             greenling stock off of Oregon projected an
                                             rockfish) are above the target biomass of                  pp Minor Slope Rockfish south. The OFL of          estimated depletion of 80 percent in 2015.
                                             B40%. 65.1 mt is deducted from the ACL to               827 mt is the sum of the OFL contributions            All other stocks are unassessed. The OFL of
                                             accommodate the Tribal fishery (36 mt), the             for the component species within the                  537 mt is the sum of the OFL contributions
                                             incidental open access fishery (18.6 mt), EFP           complex. The ABC for the southern Minor               for kelp greenling coastwide, cabezon off
                                             catch (1 mt), and research catch (9.5 mt),              Slope Rockfish complex is based on a sigma            Washington, and leopard shark coastwide.
                                             resulting in a fishery HG of 1,689.9 mt.                value of 0.39 for aurora rockfish, a sigma            The ABC for the Other Fish complex is based
                                                nn Minor Nearshore Rockfish south. The               value of 0.72 for category 2 stocks (blackgill        on a sigma value of 0.44 for kelp greenling
                                             OFL for the Minor Nearshore Rockfish                    rockfish, rougheye rockfish, blackspotted             off Oregon and a sigma value of 1.44 for
                                             complex south of 40°10′ N. lat. of 1,329 mt             rockfish, and sharpchin rockfish) and a sigma         category 3 stocks (all others) with a P* of
                                             is the sum of the OFL contributions for the             value of 1.44 for category 3 stocks (all others)      0.45. A unique sigma of 0.44 was calculated
                                             component species within the complex. The               with a P* of 0.45. A unique sigma of 0.39 was         for kelp greenling off Oregon because the
                                             ABC for the southern Minor Nearshore                    calculated for aurora rockfish because the            variance in estimated spawning biomass was
                                             Rockfish complex is based on a sigma value              variance in estimated biomass was greater             greater than the 0.36 sigma used as a proxy
                                             of 0.72 for category 2 stocks (i.e., blue/deacon        than the 0.36 used as a proxy for other               for other category 1 stocks. The resulting
                                             rockfish north of 34°27′ N. lat., brown                 category 1 stocks. The resulting ABC of 718           ABC of 474 mt is the summed contribution
                                             rockfish, China rockfish, and copper                    mt is the summed contribution of the ABCs             of the ABCs for the component species. The
                                             rockfish) and a sigma value of 1.44 for                 for the component species. The ACL of 707             ACL is set equal to the ABC because all of
                                             category 3 stocks (all others) with a P* of             mt is the sum of the contributing ABCs of             the assessed stocks (kelp greenling off
                                             0.45. The resulting ABC of 1,166 mt is the              healthy assessed stocks and unassessed                Oregon) were above their target biomass of
                                             summed contribution of the ABCs for the                 stocks, plus the ACL contribution of blackgill        B40%. There are no deductions from the ACL
                                             component species. The ACL of 1,163 mt is               rockfish where the 40–10 adjustment was               so the fishery HG is equal to the ACL of 474
                                             the sum of the contributing ABCs of healthy             applied to the ABC contribution for this stock        mt.
                                             assessed stocks and unassessed stocks, plus             because it is in the precautionary zone. 20.2         BILLING CODE 3510–22–P
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          Federal Register/Vol. 82, No. 93 /Tuesday, May 16, 2017 /Rules and Regulations                                                             22437

Table 1b to Part 660, Subpart C —2017, Allocations by Species or Species Group (Weight in
Metric Tons)



BOCACCI O          a/                             S. of 40°10° N. lat.
COWCOD           a/b/                             S. of 40°10° N. lat.                                             1.4          64             2.6
DARKBLOTCHED ROCKFISH                       c/    Coastwide                                                     535.6            5            28.2
PACIFIC OCEAN PERCH                    e/         N. of 40°10° N. lat.                                          220.0            5            11.6
YELLOWEYE ROCKFISH                     a/         Coastwide                                                        1.1        NA              13.1
Arrowtooth flounder                               Coastwide                                                   11,120.6           5        585.3
Big skate a/                                      Coastwide                                                      414.8          5          21.8
Canary rockfish            a/d/                   Coastwide                                                    1,060.1        NA          406.5
Chilipepper                                       S. of 40°10‘° N. lat.                                        1,920.8         25         640.3
Dover sole                                        Coastwide                                                  45,986.0            5     2420.3
English sole                                      Coastwide                                                   9,263.6            5        487.6
Lingcod                                           N. of 40°10° N. lat.                                         1,374.7          55      1,680.2
Lingcod                                           S. of 40°10° N. lat.                                          558.9           fe}       683.1
Longnose skate a/                                 Coastwide                                                   1,667.7           10        185.3
Longspime thornyhead                              N. of 34°27‘ N. lat.                                        2,704.8            5        142.4
Pacific cod                                       Coastwide                                                    1,036.4           5            54.5
Pacific whiting      _f/                          Coastwide                   362,682.0            100      362,682.0            0             0.0
Petrale sole                                      Coastwide                     2,895.1            95         2,750.3            5        144.8
Sablefish                                         N. of 36° N. lat.                N/A                        See Table 1¢
Sablefish                                         S. of 36° N. lat.              1,859.0           42           780.8           58      1,078.2
Shortspime thornyhead                             N. of 34°27‘ N. lat.           1,654.0           95          1,571.3           5            82.7
Shortspime thornyhead                             S. of 34°27‘ N. lat.            863.7            NA            50.0         NA          813.7
Splitnose rockfish                                S. of 40°10° N. lat.           1,749.3           95          1,661.8           5            87.5
Stary flounder                                    Coastwide                      1,271.7           50           635.9           50        635.9
Widow rockfish          g/                        Coastwide                    13,290.3            91         12,094.2           9      1,196.1
Yellowtail rockfish                               N. of 40°10° N. lat.          5,166.1            88         4,546.1           12        619.9
Minor Shelf Rockfish              a/              N. of 40°10° N. lat.           1,965.2           60          1,183.1          40        782.1
Minor Slope Rockfish                              N. of 40°10° N. lat.           1,689.9           81          1,368.8          19        321.1
Minor Shelf Rockfish              a/              S. of 40°10° N. lat.           1,575.8            12          192.2           88      1,383.6
Mmor Slope Rockfish                               S. of 40°10° N. lat.            686.8            63           432."7          37        254.1
Other Flatfish                                    Coastwide                     8,306.0            90         7,475.4           10        830.6
a/ Allocations decided through the biennial specification process.
b/ The cowecod fishery harvest guideline is further reduced to an ACT of 4.0 mt.
c/ Consistent with regulations at §660.55(c), 9 percent (48.2 mt) of the total trawl allocation for darkblotched rockfish is allocated to the
Pacific whiting fishery, as follows: 20.2 mt for the Shorebased IFQ Program, 11.6 mt for the MS sector, and 16.4 mt for the C/P sector.
The tonnage calculated here for the Pacific whiting IFQ fishery contributes to the total shorebased trawl allocation, which is found at
§660.140(d)(1)(i1)(D).
d/ Canary rockfish is allocated approximately 72 percent to trawl and 28 percent to non—trawl. 46 mt of the total trawl allocation of
canary rockfish is allocated to the MS and C/P sectors, as follows: 30 mt for the MS sector, and 16 mt for the C/P sector.

e/ Consistent with regulations at §660.55(c), 17 percent (37.4 mt) of the total trawl allocation for POP is allocated to the Pacific whiting
fishery, as follows: 15.7 mt for the Shorebased IFQ Program, 9.0 mt for the MS sector, and 12.7 mt for the C/P sector. The amounts
available to the mothership and catcher/processor fisheries were raised by 3.5 mt, to 12.5 mt for the mothership fishery and to 16.2 mt
for the catcher/processor fishery, by distributing 7.0 mt of the 10 mt inititally deducted from the ACL to account for mortality in the
incidental open access fishery, consistent with §660.60(c)(3)(1). The tonnage calculated here for the Pacific whiting IFQ fishery
contributes to the total shorebased traw! allocation, which is found at §660.140(d)(1)(1)(D).
£/ Consistent with regulations at §660.55(f), the commercial harvest guideline for Pacific whiting is allocated as follows: 34 percent
(123,312 mt) for the C/P Coop Program; 24 percent (87,044 mt) for the MS Coop Program; and 42 percent (152,326.5 mt) for the
Shorebased IFQ Program. No more than 5 percent of the Shore based IFQ Program allocation (7,616 mt) may be taken and retained
south of 42° N. lat. before the start of the primary Pacific whiting season north of 42° N. lat.
g/ Consistent with regulations at §660.55(c), 10 percent (1,209.4 mt) of the total trawl allocation for widow rocktfish is allocated to the
whiting fisheries, as follows: 508.0 mt for the shorebased IFQ fishery, 290.3 mt for the mothership fishery, and 411.2 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)(1)(D).


                                                 ® 3. Tables 3 (North) and 3 (South) to                  as follows:
                                                 part 660, subpart F, are revised to read


22438                     Federal Register/Vol. 82, No. 93 /Tuesday, May 16, 2017 /Rules and Regulations

        Table 3 (North) to Part 660, Subpart F —— Non—Trawl Rockfish Conservation Areas and Trip Limits for Open Access Gears North of
        4010‘ N. lat.
                 \Other limits and requirements apply —— Read §§660.10 through 660.399 before using this table                                                                            05022017
                                                                       JAN—FEB            MAR—APR             MAY—JUN             JUL—AUG            SEP—OCT              NOV—DEC
        Rockfish Conservation Area (RCA)” :                                 |                   %                                                          |
          1 North of 4616‘ N. lat.                                                                             shoreline — 100 fm line"‘
          2 4616‘ N. lat. — 4200‘ N. lat.                                                                     30 fm line"‘ — 100 fm line"
          3 4200‘ N. lat. — 4010‘ N. lat.                                                                     30 fm line"‘ — 100 fm line"
           See §§660.60, 660.330 and 660.333 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70—
            660.74 and §§660.76—660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands,
                                                               Cordell Banks, and EFHCAs).
                           State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and California.
                   &                             a   2/
          4      Minor Slope ROCkf'fc'h &                                                 Per trip, no more than 25% of weight of the sablefish landed
                 Darkblotched rockfish
          5      Pacific ocean perch                                                                                  100 Ib/ month

                                                                   300 Ib/ day, or 1| 300 lb/day, or 1
                                                                      landing per        landing per
          6      Sablefish                                           week of up to     week of up to       300 lb/ day, or 1 landing per week of up to 1,000 Ib, not to exceed
                                                                    1,000 Ib, not to   900 lb, not to                               2,000 Ib/ 2 months
                                                                    exceed 2,000       exceed 1,800
                                                                     lb/ 2 months       lb/ 2 months

          7      Shortpine thornyheads and longspine                                                                    cLOsED
                 thornyheads

        _8                                                             3,000 Ib/ month, no more than 300 lb of which may be species other than Pacific sanddabs.                            _I
        .. 9 _
          10           Dover sole, arrowtooth flounder,                                                                                                                                     >
         41            petrale sole, English sole, starry          South of 42° N. lat., when fishing for "Other Flatfish," vessels using hook—and—line gear with no more
        esn                                     nam3)               than 12 hooks per line, using hooks no larger than "Number 2" hooks, which measure 0.44 in (11                          m
          12               flounder, Other Flatfish
         13                         ’                                 mm) point to shank, and up to two 1 lb (0.45 kg) weights per line are not subject to the RCAs.                        _

         14 Whiting                                                                                                  300 Ib/ month                                                          M
                   &                        "a       2/
         15 MII‘IOE’ Shelf Rockfish ,_Shortbelly                                                                     200 lb/ month
            rockfish, & Widow rockfish                                                                                                                                                      U

         16 Yellowtail rockfish                                                                                      500 Ib/ month

         17 Canary rockfish                                                                                         150 Ib/ 2 months                                                       tm
         18 Yelloweye rockfish                                                                                          CLOSED                                                              z
         19 Minor Nearshore Rockfish & Black rockfish                                                                                                                                       0

         20                    North of 4200‘ N. lat.                  5,000 lIb/ 2 months, no more than 1,200 lb of which may be species other than black rockfish                         wug
                                                                     8,500 lb/ 2                                                                                                            ~—p
                                                                     months, no
                                                                     more than                                                                                                             mad
         24                         baas,                     un     1,200 lb of         7,000 Ib/ 2 months, no more than 1,200 lb of which may be species other than                      Mc
                               42 00° N. lat. — 40 10‘ N. lat.      which may be                                               black rockfish
                                                                    species other
                                                                      than black
                                                                       rockfish
         22 Lingcod"‘                                                           100 Ib/ month                                       600 Ib/ month                               100 ID/
                                                                                                                                                                                month
         23 Pacific cod                                                                                            1,000 Ib/ 2 months

         24 Spiny dogfish                                                 200,000 Ib/ 2 months              150,000 Ib/ 2                      100,000 Ib/ 2 months
                                                                                                              months
         25 Longnose skate                                                                                              Unlimited
                           &   6/                         &
         26 Oth_er FI.Sh            & Cabezon in Oregon and                                                             Unlimited
                 California

         27 SALMON TROLL (subject to RCAs when retaining all species of groundfish, except for yellowmtail rockfish and lingcod, as described below)


                                                                      Salmon trollers may retain and land up to 1 lb of yellowtail rockfish for every 2 lbs of salmon landed, with a
                                                                    cumulative limit of 200 Ib/month, both within and outside of the RCA. This limit is within the 200 lb per month
                                                                    combined limit for minor shelf rockfish, widow rockfish and yellowtail rockfish, and not in addition to that limit.
                                                                    Salmon trollers may retain and land up to 1 lingcod per 15 Chinook per trip, plus 1 lingcod per trip, up to a trip
         28 North                                                  limit of 10 lingcod, on a trip where any fishing occurs within the RCA. This limit only applies during times when
                                                                   lingcod retention is allowed, and is not "CLOSED." This limit is within the per month limit for lingcod described
                                                                      in the table above, and not in addition to that limit. All groundfish species are subject to the open access
                                                                       limits, seasons, size limits and RCA restrictions listed in the table above, unless otherwise stated here.


            Federal Register/Vol. 82, No. 93 /Tuesday, May 16, 2017 /Rules and Regulations                                                                                22439


Table 3 (North). Continued                       |                               5
29 PINK SHRIMP NON—GROUNDFISH TRAWL (not subject to RCAs)

                                                       Effective April 1 — October 31: Groundfish: 500 Ib/day, multiplied by the number of days of the trip, not to
                                                       exceed 1,500 Ib/trip. The following sublimits also apply and are counted toward the overall 500 Ib/day and
                                                       1,500 Ib/trip groundfish limits: lingcod 300 Ib/month (minimum 24 inch size limit); sablefish 2,000 Ib/month;
30 North                                             canary, thornyheads and yelloweye rockfish are PROHIBITED. All other groundfish species taken are managed
                                                     under the overall 500 Ib/day and 1,500 lb/trip groundfish limits.   Landings of these species count toward the per
                                                     day and per trip groundfish limits and do not have species—specific limits. The amount of groundfish landed may
                                                                                       not exceed the amount of pink shrimp landed.


1/ The Rockfish Conservation Area is an area closed to fishing by particular gear types, bounded by lines specifically defined by latitude
     and longitude coordinates set out at §§ 660.71—660.74. This RCA is not defined by depth contours (with the exception of the 20—fm
    depth contour boundary south of 42 N. lat.), and the boundary lines that define the RCA may close areas that are deeper or shallower
     than the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA, or operate in the RCA for any purpose
     other than transiting.
2/ Bocaccio, chilipepper and cowcod rockfishes are included in the trip limits for Minor Shelf Rockfish. Splitnose rockfish is included in the trip
    : limits for Minor Slope Rockfish.
3/ "Other flatfish" are defined at § 660.11 and include butter sole, curifin sole, flathead sole, Pacific sanddab, rex sole, rock sole, and sand sole.
4/ For black rockfish north of Cape Alava (48°09.50‘° N. lat.), and between Destruction Is. (47°40° N. lat.) and Leadbetter Pnt. (46°38.17‘ N. lat.),
    ‘there is an additional limit of 100 lbs or 30 percent by weight of all fish on board, whichever is greater, per vessel, per fishing trip.
5/ The minimum size limit for lingcod is 22 inches (56 cm) total length North of 42° N. lat. and 24 inches (61 cm) total length South of 42° N. lat.
6/ "Other fish" are defined at § 660.11 and include kelp greenling, leopard shark, and cabezon in Washington.
To convert pounds to kilograms, divide by 2.20462, the number of pounds in one kilogram.


22440                        Federal Register / Vol. 82, No. 93 /Tuesday, May 16, 2017 /Rules and Regulations


        Table 3 (South) to Part 660, Subpart F —— Non—Trawl Rockfish Conservation Areas and Trip Limits for Open Access Gears South
        of 40° 10‘ N. lat.
                      ‘Other limits and requirements apply —— Read §§660.10 through 660.399 before using this table                                                                        05032017
                                                                              JAN—FEB           MAR—APR            MAY—JUN           JUL—AUG            SEP—OCT              NOV—DEC
        Rockfish Conservation Area (RCA)“:
            1 40410‘ N. lat. — 3427‘ N. lat.                                                                        30 fm line"‘ — 125 fm line"
           2          South of 3427‘ N. lat.                                                       75 fm line‘ — 150 fm Iine”(also applies around islands)

           See §§660.60 and 660.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70—660.74 and
           §§660.76—660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, CCAs, Farallon Islands, Cordell Banks,
                                                                         and EFHCAs).

                              State trip limits and seasons may be more restrictive than Federal trip limits or seasons, particularly in waters off Oregon and California.

           3          Minor Slope Rockfish*‘ &                             10,000 Ib/ 2 months, of which no more than 475         10,000 lIb/ 2 months, of which no more than 550
                      Darkblotched rockfish                                           lb may be blackgill rockfish                            lb may be blackgill rockfish

           4          Splitnose rockfish                                                                                  200 Ib/ month
        _5 Sablefish
                                                                           300 Ib/ day, or 1| 300 lb/day, or 1
                                                                             landing per        landing per
            6                         4010‘             baas,               week of up to      week of up to     300 lb/ day, or 1 landing per week of up to 1,000 Ib, not to exceed
                                        10° N. lat. — 36 00‘ N. lat.       4 gog Ib, not to 900 Ib, not to                                2,000 Ib/ 2 months
                                                                            exceed 2,000      exceed 1,800
                                                                             lb/ 2 months      lb/ 2 months

            7                                  South of 3600‘ N. lat.              300 lIb/ day, or 1 landing per week of up to 1,600 Ib, not to exceed 3,200 Ib/ 2 months

            3         Shortpine thornyheads and longspine                                                                                                                                    —|
        ___thoryheads                                                                                                                                                                        ;
           9                             4010‘ N. lat. — 3427‘ N. lat.                                                      CLOSED
          10                                   South of 3427‘ N. lat.                                    50 Ib/ day, no more than 1,000 Ib/ 2 months                                         U
        ;;                                                                     3,000 Ib/ month, no more than 300 lb of which may be species other than Pacific sanddabs.                     C*~
        13 Dover sole, arrowtooth flounder,                                                                                                                                                  m
        14 petrale sole, English sole, starry                              South of 42° N. lat., when fishing for "other flatfish," vessels using hook—and—line gear with no more
         15 flounder, Other Flatfish®‘                                      than 12 hooks per line, using hooks no larger than "Number 2" hooks, which measure 0.44 in (11
        "16                                                                   mm) point to shank, and up to two 1 lb (0.45 kg) weights per line are not subject to the RCAs.                 J

          17 Whiting                                                                                                      300 Ib/ month

          j g Minor Shelf Rockfish*‘, Shortbelly,                                                                                                                                           im
                      Widow rockfish and Chilipepper                                                                                                                                         m
                                      .           .                           400 lb/ 2
          19                             40 10‘ N. lat. — 34 27‘ N. lat.                                                                   400 Ib/ 2 months                                  O
                                                                               months
                                                                              1,500 Ib/ 2       CLOSED                                                                                       C
          20                                   South of 34 27‘ N. lat.         months                                                     1,500 Ib/ 2 months                                 ~p
          21 Canary rockfish                                                                                            150 Ib/ 2 months                                                     magm
          22 Yelloweye rockfish                                                                                             CLOSED
          23 Cowcod                                                                                                         CLOSED
          24 Bronzespotted rockfish                                                                                         CLOSED

          25 Bocaccio                                                          500 tb/ 2        CLOSED                                     500 Ib/ 2 months
                                                                               months
             Minor Nearshore Rockfish & Black
          26      M
        ;;;;;;;;;;;   rOCkfISh




          27 Shallow nearshore                                                1,200 Ib/ 2       CLOSED                                    1,200 lb/ 2 months
                                                                               months

          28 Deeper nearshore                                                 1,000 Ib/ 2       CLOSED                                    1,000 lIb/ 2 months
                                                                               months

          29 California scorpionfish                                          1,500 Ib/ 2       CLOSED                                    1,500 Ib/ 2 months
                                                                               months


                        .        A/                                                                                                                                              100 Ib/
          30 Lingcod                                                        100 Ib/ month       CLOSED                                  400 Ib/ month
                                                                                                                                                                                 month

          31 Pacific cod                                                                                               1,000 lb/ 2 months

          32 Spiny dogfish                                                       200,000 Ib/ 2 months             150,000 Ib/ 2                   100,000 Ib/ 2 months
                                                                                                                    months

          33 Longnose skate                                                                                                 Unlimited
          34 Other Fish"‘ & Cabezon                                                                                         Unlimited


                                                                 Federal Register / Vol. 82, No. 93 / Tuesday, May 16, 2017 / Rules and Regulations                                          22441




                                             [FR Doc. 2017–09877 Filed 5–12–17; 4:15 pm]             (GOA). This action is necessary to fully              Ellen Sebastian. Mail comments to P.O.
                                             BILLING CODE 3510–22–C                                  use the 2017 groundfish total allowable               Box 21668, Juneau, AK 99802–1668.
                                                                                                     catch specified for the species                          Instructions: Comments sent by any
                                                                                                     comprising the deep-water species                     other method, to any other address or
                                             DEPARTMENT OF COMMERCE                                  category in the GOA.                                  individual, or received after the end of
                                                                                                     DATES: Effective 1200 hours, Alaska                   the comment period, may not be
                                             National Oceanic and Atmospheric                                                                              considered by NMFS. All comments
                                                                                                     local time (A.l.t.), May 15, 2017, through
                                             Administration                                                                                                received are a part of the public record
                                                                                                     1200 hours, A.l.t., July 1, 2017.
                                                                                                       Comments must be received at the                    and will generally be posted for public
                                             50 CFR Part 679                                                                                               viewing on www.regulations.gov
                                                                                                     following address no later than 4:30
                                             [Docket No. 160920866–7167–02]                          p.m., A.l.t., May 31, 2017.                           without change. All personal identifying
                                                                                                                                                           information (e.g., name, address),
                                             RIN 0648–XF418                                          ADDRESSES: You may submit comments
                                                                                                                                                           confidential business information, or
                                                                                                     on this document, identified by FDMS
                                             Fisheries of the Exclusive Economic                                                                           otherwise sensitive information
                                                                                                     Docket Number NOAA–NMFS–2016–
                                             Zone Off Alaska; Deep-Water Species                                                                           submitted voluntarily by the sender will
                                                                                                     0127 by any of the following methods:
                                             Fishery by Vessels Using Trawl Gear in                                                                        be publicly accessible. NMFS will
                                                                                                       • Electronic Submission: Submit all                 accept anonymous comments (enter
                                             the Gulf of Alaska                                      electronic public comments via the                    ‘‘N/A’’ in the required fields if you wish
                                             AGENCY:  National Marine Fisheries                      Federal e-Rulemaking Portal. Go to                    to remain anonymous). Attachments to
                                             Service (NMFS), National Oceanic and                    www.regulations.gov/                                  electronic comments will be accepted in
                                             Atmospheric Administration (NOAA),                      #!docketDetail;D=NOAA-NMFS-2016-                      Microsoft Word, Excel, or Adobe PDF
pmangrum on DSK3GDR082PROD with RULES




                                             Commerce.                                               0127, click the ‘‘Comment Now!’’ icon,                file formats only.
                                             ACTION: Temporary rule; opening.
                                                                                                     complete the required fields, and enter
                                                                                                     or attach your comments.                              FOR FURTHER INFORMATION CONTACT:
                                             SUMMARY:   NMFS is opening directed                       • Mail: Address written comments to                 Obren Davis, 907–586–7228.
                                             fishing for species that comprise the                   Glenn Merrill, Assistant Regional                     SUPPLEMENTARY INFORMATION: NMFS
                                             deep-water species fishery by vessels                   Administrator, Sustainable Fisheries                  manages the groundfish fishery in the
                                                                                                                                                                                                        ER16MY17.003</GPH>




                                             using trawl gear in the Gulf of Alaska                  Division, Alaska Region NMFS, Attn:                   GOA exclusive economic zone


                                        VerDate Sep<11>2014   14:05 May 15, 2017   Jkt 241001   PO 00000   Frm 00043   Fmt 4700   Sfmt 4700   E:\FR\FM\16MYR1.SGM   16MYR1



Document Created: 2017-05-16 13:52:19
Document Modified: 2017-05-16 13:52:19
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
ActionFinal rule; inseason adjustments to biennial groundfish management measures.
DatesThis final rule is effective May 12, 2017.
ContactGretchen Hanshew, phone: 206-526-6147, fax: 206-526-6736, or email: [email protected]
FR Citation82 FR 22428 
RIN Number0648-BG86
CFR AssociatedFisheries; Fishing and Indian Fisheries

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