83 FR 61569 - Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2018 Tribal Fishery Allocations for Pacific Whiting; Reapportionment Between Tribal and Non-tribal Sectors
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 83, Issue 231 (November 30, 2018)
National Oceanic and Atmospheric Administration
Federal Register Volume 83, Issue 231 (November 30, 2018)
| Page Range | 61569-61570 | |
| FR Document | 2018-26043 |
[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)] [Rules and Regulations] [Pages 61569-61570] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26043] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 171023999-8440-02] RIN 0648-XG581 Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2018 Tribal Fishery Allocations for Pacific Whiting; Reapportionment Between Tribal and Non-tribal Sectors AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reapportionment of tribal Pacific whiting allocation. ----------------------------------------------------------------------- SUMMARY: This document announces the reapportionment of 40,000 metric tons of Pacific whiting from the tribal allocation to the non-tribal commercial fishery sectors via automatic action on September 24, 2018. This reapportionment is to allow full utilization of the Pacific whiting resource. DATES: The reapportionment of Pacific whiting was applicable from 12 noon local time, September 24, 2018 through December 31, 2018. Comments will be accepted through December 17, 2018. ADDRESSES: You may submit comments, identified by NOAA-NMFS-2017-0160 by any of the following methods:Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal at www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0160. Click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Barry A. Thom, Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070, Attn: Miako Ushio. Instructions: Comments sent by any other method to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain [[Page 61570]] anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Miako Ushio (West Coast Region, NMFS), phone: 206-526-4644 or email: miako.ushio@noaa.gov. SUPPLEMENTARY INFORMATION: Electronic Access This document is accessible online at the Office of the Federal Register's website at http://www.thefederalregister.org/fdsys/search/home.action. Background information and documents are available at NMFS' West Coast Region website at www.westcoast.fisheries.noaa.gov/fisheries/management/whiting/pacific_whiting.html Background Pacific Whiting Pacific whiting (Merluccius productus) is a very productive species with highly variable recruitment (the biomass of fish that mature and enter the fishery each year) and a relatively short life span when compared to other groundfish species. Pacific whiting has the largest annual allowable harvest levels (by volume) of the more than 90 groundfish species managed under the Pacific Coast Groundfish Fishery Management Plan (FMP), which governs the groundfish fishery off Washington, Oregon, and California. The coastwide Pacific whiting stock is managed jointly by the United States and Canada, and mature Pacific whiting are commonly available to vessels operating in U.S. waters from April through December. Background on the stock assessment, and the establishment of the 2018 Total Allowable Catch (TAC), for Pacific whiting was provided in the final rule for the 2018 Pacific whiting harvest specifications, published May 15, 2018 (83 FR 22401). Pacific whiting is allocated to the Pacific Coast treaty tribes (tribal fishery) and to three non-tribal commercial sectors: The catcher/ processor cooperative (C/P Coop), the mothership cooperative (MS Coop), and the Shorebased Individual Fishery Quota (IFQ) Program. This document announces the reapportionment of 40,000 metric tons (mt) of Pacific whiting from the tribal allocation to the non-tribal commercial sectors on September 24, 2018. Regulations at 50 CFR 660.131(h) contain provisions that allow the Regional Administrator to reapportion Pacific whiting from the tribal allocation, specified at 50 CFR 660.50, that will not be harvested by the end of the fishing year to other sectors. Pacific Whiting Reapportionment For 2018, the Pacific Coast treaty tribes were allocated 77,251 mt of Pacific whiting. The best available information on September 24, 2018, indicated that less than 5,000 mt of the 2018 allocation had been harvested, and at least 40,000 mt of the tribal allocation would not be harvested by December 31, 2018. To allow for increased utilization of the resource, on September 24, 2018, NMFS reapportioned 40,000 mt from the Tribal sector to the Shorebased IFQ Program, C/P Coop, and MS Coop in proportion to each sector's original allocation. Reapportioning this amount is expected to allow for greater attainment of the TAC while not limiting tribal harvest opportunities for the remainder of the year. NMFS provided notice of the reapportionment on September 24, 2018, via emails sent directly to fishing businesses and individuals, and postings on the NMFS West Coast Region website. Reapportionment was effective the same day as the notice. The amounts of Pacific whiting available for 2018 before and after the reapportionment are described in the table below. ------------------------------------------------------------------------ Initial 2018 Final 2018 Sector allocation allocation (mt) (mt) ------------------------------------------------------------------------ Tribal.................................. 77,251 37,251 C/P Coop................................ 123,312 136,912 MS Coop................................. 87,044 96,644 Shorebased IFQ Program.................. 152,326.5 169,127 ------------------------------------------------------------------------ Classification NOAA's Assistant Administrator for Fisheries (AA) finds that good cause exists for this notification to be issued without affording prior notice and opportunity for public comment pursuant to 5 U.S.C. 553(b)(B), because such notification would be impracticable and contrary to the public interest. As previously noted, NMFS provided actual notice of the reapportionment to fishery participants at the time of the action. Prior notice and opportunity for public comment on this reapportionment was impracticable because NMFS had insufficient time to provide prior notice between the time the information about the progress of the fishery needed to make this determination became available and the time at which fishery modifications had to be implemented in order to allow fishers access to the available fish during the remainder of the fishing season. For the same reasons, the AA also finds good cause to waive the 30-day delay in effectiveness for these actions, required under 5 U.S.C. 553(d)(3). These actions are authorized by Sec. Sec. 660.55 (i), 660.60(d) and 660.131(h) and are exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 7001 et seq. Dated: November 27, 2018. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018-26043 Filed 11-29-18; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations 61569
Reduction of the GB Cod Trip Limit in Classification DEPARTMENT OF COMMERCE
the Closed Area II Haddock Special
Access Program This action is required by 50 CFR part National Oceanic and Atmospheric
648 and is exempt from review under Administration
The projection supporting the Executive Order 12866.
increase of the common pool possession The Assistant Administrator for 50 CFR Part 660
and trip limits for GB cod is based on Fisheries, NOAA, finds good cause [Docket No. 171023999–8440–02]
the assumption that the common pool pursuant to 5 U.S.C. 553(b)(B) and 5
fleet fishes primarily within the Western U.S.C. 553(d)(3) to waive prior notice RIN 0648–XG581
U.S./Canada area, outside of any Special and the opportunity for public comment
Access Programs (SAPs), as it has done Magnuson-Stevens Act Provisions;
and the 30-day delayed effectiveness Fisheries Off West Coast States;
for several years. As described in 50 period because it would be
CFR 648.85(b), SAPs are established to Pacific Coast Groundfish Fishery; 2018
impracticable and contrary to the public Tribal Fishery Allocations for Pacific
authorize specific fisheries to allow
interest. Whiting; Reapportionment Between
increased yield of certain target stocks
without undermining the achievement The catch data used as the basis for Tribal and Non-tribal Sectors
of the goals of the Northeast this action only recently became AGENCY: National Marine Fisheries
Multispecies Fishery Management Plan. available. The available analysis Service (NMFS), National Oceanic and
The Closed Area II Haddock SAP (CA2 indicates that the increased possession Atmospheric Administration (NOAA),
SAP) has a limit of 1,000 lb (453.6 kg) and trip limit adjustments for GB cod Commerce.
per trip of GB cod, which is double the will help the fishery achieve the ACTION: Temporary rule;
GB cod trip limit for common pool optimum yield (OY) for this stock. Any reapportionment of tribal Pacific
vessels not participating in the SAPs. delay in this action would limit the whiting allocation.
Under a worst-case scenario benefits to common pool vessels that
this action is intended to provide. SUMMARY: This document announces the
projection, the common pool fleet could reapportionment of 40,000 metric tons
take up to 12 trips within the CA2 SAP The decrease in the CA2 SAP trip
of Pacific whiting from the tribal
at 1,000 lb (453.6 kg) per trip. In this limit reduces the low likelihood of allocation to the non-tribal commercial
scenario, the common pool could overages should vessels participate in fishery sectors via automatic action on
potentially land the entire common pool the CA2 SAP. An overage of the September 24, 2018. This
Eastern GB cod sub-ACL of 11,500 lb common pool quota for this stock would reapportionment is to allow full
(5.2 mt), and could substantially undermine conservation objectives and utilization of the Pacific whiting
contribute to exceeding the entire trigger the implementation of resource.
common pool GB cod sub-ACL. accountability measures that could
DATES: The reapportionment of Pacific
In order to avoid this worst case reduce available catch in the next
whiting was applicable from 12 noon
scenario that would contribute to the fishing year, which would have negative
local time, September 24, 2018 through
common pool exceeding its quotas, economic impacts on the common pool December 31, 2018. Comments will be
effective November 29, 2018, the trip fishery. accepted through December 17, 2018.
limit of GB cod for common pool vessels The time necessary to provide for ADDRESSES: You may submit comments,
participating in the CA2 SAP is set to prior notice and comment, and a 30-day identified by NOAA–NMFS–2017–0160
500 lb (226.8 kg) per trip. In addition, delay in effectiveness, would keep by any of the following methods:
this change may help avoid confusion NMFS from implementing the necessary • Electronic Submissions: Submit all
and facilitate enforcement by making possession and trip limit changes in a electronic public comments via the
the CA2 SAP GB cod trip limit timely manner, which could prevent the Federal eRulemaking Portal at
consistent with other common pool fishery from achieving the OY and cause www.regulations.gov/
limits for the stock. negative economic impacts to the #!docketDetail;D=NOAA-NMFS-2017-
Common pool groundfish vessels common pool fishery. 0160. Click the ‘‘Comment Now!’’ icon,
participating in the affected SAPs that complete the required fields, and enter
Authority: 16 U.S.C. 1801 et seq.
have declared their trip through the or attach your comments.
vessel monitoring system (VMS) or Dated: November 26, 2018. • Mail: Barry A. Thom, Regional
interactive voice response system, and Karen H. Abrams, Administrator, West Coast Region,
crossed the VMS demarcation line prior Acting Director, Office of Sustainable NMFS, 7600 Sand Point Way NE,
to November 29, 2018, are not subject Fisheries, National Marine Fisheries Service. Seattle, WA 98115–0070, Attn: Miako
new possession and trip limits for that [FR Doc. 2018–26072 Filed 11–29–18; 8:45 am]
Ushio.
trip. Instructions: Comments sent by any
BILLING CODE 3510–22–P
other method to any other address or
Weekly quota monitoring reports for individual, or received after the end of
the common pool fishery can be found the comment period, may not be
on our website at: http:// considered by NMFS. All comments
www.greateratlantic.fisheries.noaa.gov/ received are a part of the public record.
ro/fso/MultiMonReports.htm. We will All personal identifying information
continue to monitor common pool catch (e.g., name, address, etc.), confidential
amozie on DSK3GDR082PROD with RULES
through vessel trip reports, dealer- business information, or otherwise
reported landings, VMS catch reports, sensitive information submitted
and other available information and, if voluntarily by the sender will be
necessary, we will make additional publicly accessible. NMFS will accept
adjustments to common pool anonymous comments (enter ‘‘N/A’’ in
management measures. the required fields if you wish to remain
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![61570 Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations
anonymous). Attachments to electronic groundfish species managed under the that will not be harvested by the end of
comments will be accepted in Microsoft Pacific Coast Groundfish Fishery the fishing year to other sectors.
Word, Excel, or Adobe PDF file formats Management Plan (FMP), which governs
Pacific Whiting Reapportionment
only. the groundfish fishery off Washington,
FOR FURTHER INFORMATION CONTACT: Oregon, and California. The coastwide For 2018, the Pacific Coast treaty
Miako Ushio (West Coast Region, Pacific whiting stock is managed jointly tribes were allocated 77,251 mt of
NMFS), phone: 206–526–4644 or email: by the United States and Canada, and Pacific whiting. The best available
miako.ushio@noaa.gov. mature Pacific whiting are commonly information on September 24, 2018,
available to vessels operating in U.S. indicated that less than 5,000 mt of the
SUPPLEMENTARY INFORMATION:
waters from April through December. 2018 allocation had been harvested, and
Electronic Access Background on the stock assessment, at least 40,000 mt of the tribal allocation
and the establishment of the 2018 Total would not be harvested by December 31,
This document is accessible online at 2018. To allow for increased utilization
Allowable Catch (TAC), for Pacific
the Office of the Federal Register’s of the resource, on September 24, 2018,
whiting was provided in the final rule
website at http://www.gpo.gov/fdsys/ NMFS reapportioned 40,000 mt from
for the 2018 Pacific whiting harvest
search/home.action. Background the Tribal sector to the Shorebased IFQ
specifications, published May 15, 2018
information and documents are Program, C/P Coop, and MS Coop in
(83 FR 22401). Pacific whiting is
available at NMFS’ West Coast Region proportion to each sector’s original
allocated to the Pacific Coast treaty
website at allocation. Reapportioning this amount
tribes (tribal fishery) and to three non-
www.westcoast.fisheries.noaa.gov/ is expected to allow for greater
tribal commercial sectors: The catcher/
fisheries/management/whiting/pacific_ attainment of the TAC while not
processor cooperative (C/P Coop), the
whiting.html limiting tribal harvest opportunities for
mothership cooperative (MS Coop), and
Background the Shorebased Individual Fishery the remainder of the year. NMFS
Quota (IFQ) Program. provided notice of the reapportionment
Pacific Whiting on September 24, 2018, via emails sent
This document announces the
Pacific whiting (Merluccius reapportionment of 40,000 metric tons directly to fishing businesses and
productus) is a very productive species (mt) of Pacific whiting from the tribal individuals, and postings on the NMFS
with highly variable recruitment (the allocation to the non-tribal commercial West Coast Region website.
biomass of fish that mature and enter sectors on September 24, 2018. Reapportionment was effective the same
the fishery each year) and a relatively Regulations at 50 CFR 660.131(h) day as the notice.
short life span when compared to other contain provisions that allow the The amounts of Pacific whiting
groundfish species. Pacific whiting has Regional Administrator to reapportion available for 2018 before and after the
the largest annual allowable harvest Pacific whiting from the tribal reapportionment are described in the
levels (by volume) of the more than 90 allocation, specified at 50 CFR 660.50, table below.
Initial 2018 Final 2018
Sector allocation allocation
(mt) (mt)
Tribal ........................................................................................................................................................................ 77,251 37,251
C/P Coop ................................................................................................................................................................. 123,312 136,912
MS Coop .................................................................................................................................................................. 87,044 96,644
Shorebased IFQ Program ....................................................................................................................................... 152,326.5 169,127
Classification this reapportionment was impracticable These actions are authorized by
NOAA’s Assistant Administrator for because NMFS had insufficient time to §§ 660.55 (i), 660.60(d) and 660.131(h)
Fisheries (AA) finds that good cause provide prior notice between the time and are exempt from review under
exists for this notification to be issued the information about the progress of Executive Order 12866.
without affording prior notice and the fishery needed to make this
Authority: 16 U.S.C. 1801 et seq. and 16
opportunity for public comment determination became available and the
U.S.C. 7001 et seq.
pursuant to 5 U.S.C. 553(b)(B), because time at which fishery modifications had
to be implemented in order to allow Dated: November 27, 2018.
such notification would be
impracticable and contrary to the public fishers access to the available fish Karen H. Abrams,
interest. As previously noted, NMFS during the remainder of the fishing Acting Director, Office of Sustainable
provided actual notice of the season. For the same reasons, the AA Fisheries, National Marine Fisheries Service.
reapportionment to fishery participants also finds good cause to waive the 30- [FR Doc. 2018–26043 Filed 11–29–18; 8:45 am]
at the time of the action. Prior notice day delay in effectiveness for these BILLING CODE 3510–22–P
and opportunity for public comment on actions, required under 5 U.S.C.
553(d)(3).
amozie on DSK3GDR082PROD with RULES
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Document Created: 2018-11-30 04:35:24
Document Modified: 2018-11-30 04:35:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary rule; reapportionment of tribal Pacific whiting allocation. | |
| Dates | The reapportionment of Pacific whiting was applicable from 12 noon local time, September 24, 2018 through December 31, 2018. Comments will be accepted through December 17, 2018. | |
| Contact | Miako Ushio (West Coast Region, NMFS), phone: 206-526-4644 or email: [email protected] | |
| FR Citation | 83 FR 61569 | |
| RIN Number | 0648-XG58 |
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