Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2014 Tribal Fishery for Pacific Whiting, 11385-11389 [2014-04375]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 79, Number 40 (Friday, February 28, 2014)]
[Proposed Rules]
[Pages 11385-11389]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04375]



[[Page 11385]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 131119977-4143-01]
RIN 0648-BD75


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2014 Tribal Fishery for Pacific 
Whiting

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule for the 2014 Pacific whiting 
fishery under the authority of the Pacific Coast Groundfish Fishery 
Management Plan (FMP), the Magnuson Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act), and the Pacific Whiting Act of 
2006. This proposed rule would allocate 17.5 percent of the U.S. Total 
Allowable Catch of Pacific whiting for 2014 to Pacific Coast Indian 
tribes that have a Treaty right to harvest groundfish.

DATES: Comments on this proposed rule must be received no later than 
March 31, 2014.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2014-0020, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0020, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: William W. Stelle, Jr., Regional Administrator, 
Northwest Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-
0070, Attn: Kevin C. Duffy.
    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 part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Kevin C. Duffy (Northwest Region, 
NMFS), phone: 206-526-4743, and email: kevin.duffy@noaa.gov.

SUPPLEMENTARY INFORMATION:

Electronic Access

    This proposed 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 NMFS West 
Coast Region Web site at https://www.westcoast.fisheries.noaa.gov/fisheries/management/whiting/pacific_whiting.html and at the Pacific 
Fishery Management Council's Web site at https://www.pcouncil.org/.

Background

    The regulations at 50 CFR 660.50(d) establish the process by which 
the tribes with treaty fishing rights in the area covered by the FMP 
request new allocations or regulations specific to the tribes, in 
writing, during the biennial harvest specifications and management 
measures process. The regulations state that ``the Secretary will 
develop tribal allocations and regulations under this paragraph in 
consultation with the affected tribe(s) and, insofar as possible, with 
tribal consensus.'' The procedures NOAA employs in implementing tribal 
treaty rights under the FMP, in place since May 31, 1996, were designed 
to provide a framework process by which NOAA Fisheries can accommodate 
tribal treaty rights by setting aside appropriate amounts of fish in 
conjunction with the Pacific Fishery Management Council (Council) 
process for determining harvest specifications and management measures. 
The Council's groundfish fisheries require a high degree of 
coordination among the tribal, state, and federal co-managers in order 
to rebuild overfished species and prevent overfishing, while allowing 
fishermen opportunities to sustainably harvest over 90 species of 
groundfish managed under the FMP.
    Since 1996, NMFS has been allocating a portion of the U.S. total 
allowable catch (TAC) (called Optimum Yield (OY) or Annual Catch Limit 
(ACL) prior to 2012) of Pacific whiting to the tribal fishery, 
following the process established in 50 CFR 660.50(d). The tribal 
allocation is subtracted from the U.S. Pacific whiting TAC before 
allocation to the non-tribal sectors.
    To date, only the Makah Tribe has prosecuted a tribal fishery for 
Pacific whiting. The Makah Tribe has annually harvested a whiting 
allocation every year since 1996 using midwater trawl gear. Since 1999, 
the tribal allocation has been made in consideration of their 
participation in the fishery. In 2008 the Quileute Tribe and Quinault 
Indian Nation expressed an interest in commencing participation in the 
whiting fishery. Tribal allocations for 2009-2013 were based on 
discussions with all three tribes regarding their intent for those 
fishing years. The table below provides a history of U.S. OYs/ACLs and 
the annual tribal allocation in metric tons (mt).

------------------------------------------------------------------------
              Year                      U.S. OY       Tribal  allocation
------------------------------------------------------------------------
2000............................          232,000 mt           32,500 mt
2001............................          190,400 mt           27,500 mt
2002............................          129,600 mt           22,680 mt
2003............................          148,200 mt           25,000 mt
2004............................          250,000 mt           32,500 mt
2005............................          269,069 mt           35,000 mt
2006............................          269,069 mt           32,500 mt
2007............................          242,591 mt           35,000 mt
2008............................          269,545 mt           35,000 mt
2009............................          135,939 mt           50,000 mt
2010............................          193,935 mt           49,939 mt
2011............................          290,903 mt           66,908 mt
2012............................  \1\ 186,037 mt TAC           48,556 mt

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2013............................      269,745 mt TAC           63,205 mt
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\1\ Beginning in 2012, the United States started using the term Total
  Allowable Catch, based on the Agreement between the Government of the
  United States of America and the Government of Canada on Pacific Hake/
  Whiting.

    For the past five years, NMFS and the co-managers, including the 
States of Washington and Oregon, as well as the Treaty tribes, have 
been involved in a process designed to determine the long-term tribal 
allocation for Pacific whiting. In 2009, NMFS shared a preliminary 
report summarizing scientific information available on the migration 
and distribution of Pacific whiting on the west coast. The co-managers 
met in 2009 and discussed this preliminary information.
    In 2010, NMFS finalized the report summarizing scientific 
information available on the migration and distribution of Pacific 
whiting on the West Coast. In addition, NMFS responded in writing to 
requests from the tribes for clarification on the paper and requests 
for additional information. NMFS also met with each of the tribes in 
the fall of 2010 to discuss the report and to discuss a process for 
negotiation of the long-term tribal allocation of Pacific whiting.
    In 2011, NMFS again met individually with the Makah, Quileute, and 
Quinault tribes to discuss these matters. Due to the detailed nature of 
the evaluation of the scientific information, and the need to negotiate 
a long-term tribal allocation following completion of the evaluation, 
the process continued in 2012. No additional meetings were held on 
these matters in 2013. The 2014 tribal allocation of Pacific whiting 
will not reflect a negotiated long-term tribal allocation. Instead, it 
is an interim allocation not intended to set precedent for future 
allocations.

Tribal Allocation for 2014

    In exchanges between NMFS and the tribes during November and 
December of 2013, the Makah tribe indicated their intent to participate 
in the tribal whiting fishery in 2014. The Makah tribe has requested 
17.5% of the U.S. TAC. The Quileute tribe and the Quinault Indian 
Nation indicated that they are not planning to participate in 2014. The 
Hoh tribe has not expressed an interest in participating to date. NMFS 
proposes a tribal allocation that accommodates the Makah request, 
specifically 17.5% of the U.S. TAC. NMFS believes that the current 
scientific information regarding the distribution and abundance of the 
coastal Pacific whiting stock suggests that the 17.5% is within the 
range of the tribal treaty right to Pacific whiting.
    NMFS cannot at this time propose a specific amount for the tribal 
allocation because this amount depends on the amount of the U.S. TAC of 
whiting, which will not be determined until late March. Because the 
whiting fishery typically begins in May, the final rule establishing 
the whiting specifications for 2014 must be published by early April. 
Therefore, in order to provide for public input on the tribal 
allocation, NMFS is issuing this proposed rule without knowledge of the 
2014 TAC. However, to provide a basis for public input, NMFS is 
describing a range of potential tribal allocations in this proposed 
rule, applying the proposed approach to determining the tribal 
allocation to a range of potential TACs derived from historical 
experience. The Joint Management Committee (JMC), which was established 
pursuant to the Agreement between the Government of the United States 
of America and the Government of Canada on Pacific Hake/Whiting (the 
Agreement), is anticipated to recommend the coastwide and corresponding 
U.S./Canada TACs no later than March 25, 2014. The U.S. TAC is 73.88% 
of the coastwide TAC.
    As mentioned above, NMFS is applying its proposed approach to 
determining the tribal allocation to the range of U.S. TACs over the 
last ten years, 2004 through 2013 (plus or minus 25% to capture 
variability in stock abundance) in order to project a range of 
potential tribal allocations for 2014. The range of TACs is 135,939 mt 
(2009) to 290,903 mt (2011). Applying the 25% variability results in a 
range of potential TACs from 101,954 mt to 363,629 mt for 2014.
    Application of the 17.5% requested by the Makah Tribe to the above 
modified range of U.S. TACs over the last ten years results in a tribal 
allocation of between 17,842 and 67,271 mt for 2014.
    As described earlier, NOAA Fisheries proposes this rule as an 
interim allocation for the 2014 tribal Pacific whiting fishery. As with 
past allocations, this proposed rule is not intended to establish any 
precedent for future whiting seasons or for the long-term tribal 
allocation of whiting.
    The rule would be implemented under authority of Section 305(d) of 
the Magnuson-Stevens Act, which gives the Secretary responsibility to 
``carry out any fishery management plan or amendment approved or 
prepared by him, in accordance with the provisions of this Act.'' With 
this proposed rule, NMFS, acting on behalf of the Secretary, would 
ensure that the FMP is implemented in a manner consistent with treaty 
rights of four Northwest tribes to fish in their ``usual and accustomed 
grounds and stations'' in common with non-tribal citizens. United 
States v. Washington, 384 F. Supp. 313 (W.D. 1974).

Classification

    NMFS has preliminarily determined that the management measures for 
the 2014 Pacific whiting tribal fishery are consistent with the 
national standards of the Magnuson-Stevens Act and other applicable 
laws. In making the final determination, NMFS will take into account 
the data, views, and comments received during the comment period.
    The Office of Management and Budget has determined that this 
proposed rule is not significant for purposes of Executive Order 12866.
    An IRFA was prepared, as required by section 603 of the Regulatory 
Flexibility Act (RFA). The IRFA describes the economic impact this 
proposed rule, if adopted, would have on small entities. A summary of 
the analysis follows. A copy of this analysis is available from NMFS 
and is published on the NMFS Web site under Groundfish Management (see 
ADDRESSES).
    This proposed rule would allocate 17.5 percent of the U.S. Total 
Allowable Catch of Pacific whiting for 2014 to Pacific Coast Indian 
tribes that have a Treaty right to harvest groundfish. The entities 
that this rule impacts are catcher vessels in the tribal fishery, and 
the following in the non-tribal fishery: Catcher vessels delivering to 
shoreside facilities; catcher vessels delivering to mothership vessels 
at sea; and catcher/processor vessels.
    Under the RFA, the term ``small entities'' includes small 
businesses, small organizations, and small governmental jurisdictions. 
The Small Business Administration has established size criteria for all 
different industry sectors in the US, including fish harvesting and 
fish processing businesses. On June 20, 2013, the SBA

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issued a final rule revising the small business size standards for 
several industries effective July 22, 2013 (78 FR 37398; June 20, 
2013). This change affects the classification of vessels that harvest 
groundfish under this program. The rule increased the size standard for 
Finfish Fishing from $4.0 to 19.0 million, Shellfish Fishing from $4.0 
to 5.0 million, and Other Marine Fishing from $4.0 to 7.0 million (Id. 
at 37400--Table 1). Prior to SBA's recent changes to the size standards 
for commercial harvesters, a business involved in both the harvesting 
and processing of seafood products, also referred to as a catcher/
processor (C/P), was considered a small business if it met the $4.0 
million criterion for commercial fish harvesting operations. Prior NMFS 
policy was to apply the $4 million Finfish Harvest standard to C/Ps. 
For purposes of this proposed rulemaking, NMFS is applying the $19 
million standard because whiting C/Ps are involved in the commercial 
harvest of finfish. The size standards for entities that process were 
not changed. A seafood processor is a small business if it is 
independently owned and operated, not dominant in its field of 
operation, and employs 500 or fewer persons on a full time, part time, 
temporary, or other basis, at all its affiliated operations worldwide.
    This rule proposes to allocate fish to tribal harvesters. There are 
four tribes that can participate in the tribal whiting fishery: The 
Hoh, Makah, Quileute, and Quinault. The current tribal fleet is 
composed of 5 trawlers that either deliver to a shoreside plant or to a 
contracted mothership. Based on groundfish ex-vessel revenues and on 
tribal enrollments (the population size of each tribe), the four tribes 
and their fleets are considered ``small'' entities.
    This rule would impact vessels in the non-tribal fishery that fish 
for Pacific whiting. Currently, there are three non-tribal sectors in 
the Pacific whiting fishery: Shorebased Individual Fishing Quota (IFQ) 
Program--Trawl Fishery; Mothership Coop (MS) Program--Whiting At-sea 
Trawl Fishery; and C/P Coop Program--Whiting At-sea Trawl Fishery.
    The Shorebased IFQ Program is composed of 138 Quota Share permits/
accounts, 136 vessel accounts, and 42 first receivers. The MS Coop 
fishery is currently composed of a single coop, with six mothership 
processor permits, and 36 Mothership/Catcher-Vessel (MS/CV) endorsed 
permits, with one permit having two catch history assignments endorsed 
to it. The C/P Coop Program is composed of 10 C/P permits owned by 
three companies.
    Although there are three non-tribal sectors, many companies 
participate in two or more of these sectors. All mothership catcher-
vessel participants participate in the shorebased IFQ sector, while two 
of the three catcher-processor companies also participate in both the 
shorebased IFQ sector and in the MS sector. Many companies own several 
QS accounts. After accounting for cross participation, multiple QS 
account holders, and for affiliation through ownership, there are 95 
entities directly affected by these proposed regulations, 82 of which 
are considered to be ``small'' businesses.
    For the years 2008 to 2012, the total whiting fishery (tribal and 
non-tribal) has averaged harvests of 186,000 mt annually, worth $40 
million in terms of ex-vessel revenues. As the U.S. TAC has been highly 
variable during this time, so have harvests. During this period, 
harvests have ranged from 121,000 mt (2009) to 248,000 mt (2008). In 
2012, the harvest was approximately 160,000 mt. Ex-vessel revenues have 
also varied. Annual ex-vessel revenues have ranged from $14 million 
(2009) to $58 million (2008). Ex-vessel revenues in 2012 were about $47 
million, with an average shorebased ex-vessel price of $295 per mt. 
Total whiting harvest in 2013 was approximately 233,000 mt worth $61 
million, at an ex-vessel price of $262 per mt. The prices for whiting 
are largely determined by the world market for groundfish, because most 
of the whiting harvested is exported. Note that the use of ex-vessel 
values does not take into account the wholesale or export value of the 
fishery or the costs of harvesting and processing whiting into a 
finished product. NMFS does not have sufficient information to make a 
complete assessment of these values.
    The Pacific whiting fishery harvests almost exclusively Pacific 
whiting. While bycatch of other species occurs, the fishery is 
constrained by bycatch limits on key overfished species. This is a 
high-volume fishery with low ex-vessel prices per pound. This fishery 
also has seasonal aspects based on the distribution of whiting off the 
west coast.
    Since 1996, there has been a tribal allocation of the U.S. whiting 
TAC. Tribal fisheries undertake a mixture of fishing activities that 
are similar to the activities that non-tribal fisheries undertake. 
Tribal harvests are delivered to both shoreside plants and motherships 
for processing. These processing facilities also process fish harvested 
by non-tribal fisheries.
    This proposed rule would allocate 17.5 percent of Pacific whiting 
to the tribal fishery, and would ultimately determine how much is left 
for allocation to the non-tribal sectors, which are the Shorebased IFQ 
Program--Trawl Fishery; Mothership Coop (MS) Program--Whiting At-sea 
Trawl Fishery; and C/P Coop Program--Whiting At-sea Trawl Fishery. The 
amount of whiting allocated to both the tribal and non-tribal sectors 
is based on the U.S. TAC. From the U.S. TAC, small amounts of whiting 
that account for research catch and for bycatch in other fisheries are 
deducted. The amount of the tribal allocation is also deducted directly 
from the TAC. After accounting for these deductions, the remainder is 
the commercial harvest guideline. This guideline is then allocated 
among the other three sectors as follows: 34 percent for the C/P Coop 
Program; 24 percent for the MS Coop Program; and 42 percent for the 
Shorebased IFQ Program.
    The effect of the tribal allocation on non-tribal fisheries will 
depend on the level of tribal harvests relative to their allocation and 
the reapportioning process. Total whiting harvest in 2013 was 
approximately 233,000 mt worth $61 million, at an ex-vessel price of 
$262 per mt. Assuming a similar harvest level and ex-vessel price in 
2014, if the tribe were to harvest 17.5%, the approximate value of that 
harvest would be $10.7 million. If the tribes do not harvest their 
entire allocation, there are opportunities during the year to 
reapportion unharvested tribal amounts to the non-tribal fleets. For 
example, last year, NMFS did such a reapportionment. On, September 18, 
2013, NMFS announced: ``The best available information on September 16, 
2013, indicates that at least 30,000 mt of the tribal allocation of 
63,205 mt for the 2013 tribal Pacific whiting fishery will not be used 
by December 31, 2013. Recent conversations with tribal fishery managers 
indicate that reapportioning 30,000 mt, leaving a tribal allocation of 
33,205 mt, will not limit tribal harvest opportunities for the 
remainder of year. Tribal harvests to date amount to approximately 
3,000 mt.''
    NMFS considered two alternatives for this action: The ``No-Action'' 
vs. the ``Proposed Action.'' NMFS did not consider a broader range of 
alternatives to the proposed allocation. The tribal allocation is based 
primarily on the requests of the tribes. These requests reflect the 
level of participation in the fishery that will allow them to exercise 
their treaty right to fish for whiting. Under the Proposed Action 
alternative, NMFS proposes to set the tribal allocation percentage at 
17.5%, as requested by the tribes. This would yield a tribal allocation 
of between

[[Page 11388]]

17,842 and 67,271 mt for 2014. Consideration of a percentage lower than 
the tribal request of 17.5% is not appropriate in this instance. As a 
matter of policy, NMFS has historically supported the harvest levels 
requested by the tribes. Based on the information available to NMFS, 
the tribal request is within their tribal treaty rights. A higher 
percentage would, arguably, also be within the scope of the treaty 
right. However, a higher percentage would unnecessarily limit the non-
tribal fishery.
    A no-action alternative was considered, but the regulatory 
framework provides for a tribal allocation on an annual basis only. 
Therefore, no action would result in no allocation of Pacific whiting 
to the tribal sector in 2014, which would be inconsistent with NMFS' 
responsibility to manage the fishery consistent with the tribes' treaty 
rights. Given that there is a tribal request for allocation in 2014, 
this alternative received no further consideration.
    NMFS believes this proposed rule would not adversely affect small 
entities. This reapportioning process allows unharvested tribal 
allocations of whiting, fished by small entities, to be fished by the 
non-tribal fleets, benefitting both large and small entities. 
Nonetheless, NMFS has prepared this IRFA and is requesting comments on 
this conclusion. See ADDRESSES.
    There are no reporting, recordkeeping or other compliance 
requirements in the proposed rule.
    No Federal rules have been identified that duplicate, overlap, or 
conflict with this action.
    NMFS issued Biological Opinions under the ESA on August 10, 1990, 
November 26, 1991, August 28, 1992, September 27, 1993, May 14, 1996, 
and December 15, 1999 pertaining to the effects of the Pacific Coast 
groundfish FMP fisheries on Chinook salmon (Puget Sound, Snake River 
spring/summer, Snake River fall, upper Columbia River spring, lower 
Columbia River, upper Willamette River, Sacramento River winter, 
Central Valley spring, California coastal), coho salmon (Central 
California coastal, southern Oregon/northern California coastal), chum 
salmon (Hood Canal summer, Columbia River), sockeye salmon (Snake 
River, Ozette Lake), and steelhead (upper, middle and lower Columbia 
River, Snake River Basin, upper Willamette River, central California 
coast, California Central Valley, south/central California, northern 
California, southern California). These biological opinions have 
concluded that implementation of the FMP for the Pacific Coast 
groundfish fishery was not expected to jeopardize the continued 
existence of any endangered or threatened species under the 
jurisdiction of NMFS, or result in the destruction or adverse 
modification of critical habitat.
    NMFS issued a Supplemental Biological Opinion on March 11, 2006, 
concluding that neither the higher observed bycatch of Chinook in the 
2005 whiting fishery nor new data regarding salmon bycatch in the 
groundfish bottom trawl fishery required a reconsideration of its prior 
``no jeopardy'' conclusion. NMFS also reaffirmed its prior 
determination that implementation of the Groundfish PCGFMP is not 
likely to jeopardize the continued existence of any of the affected 
ESUs. Lower Columbia River coho (70 FR 37160, June 28, 2005) and Oregon 
Coastal coho (73 FR 7816, February 11, 2008) were recently relisted as 
threatened under the ESA. The 1999 biological opinion concluded that 
the bycatch of salmonids in the Pacific whiting fishery were almost 
entirely Chinook salmon, with little or no bycatch of coho, chum, 
sockeye, and steelhead.
    On December 7, 2012, NMFS completed a biological opinion concluding 
that the groundfish fishery is not likely to jeopardize non-salmonid 
marine species including listed eulachon, green sturgeon, humpback 
whales, Steller sea lions, and leatherback sea turtles. The opinion 
also concludes that the fishery is not likely to adversely modify 
critical habitat for green sturgeon and leatherback sea turtles. An 
analysis included in the same document as the opinion concludes that 
the fishery is not likely to adversely affect green sea turtles, olive 
ridley sea turtles, loggerhead sea turtles, sei whales, North Pacific 
right whales, blue whales, fin whales, sperm whales, Southern Resident 
killer whales, Guadalupe fur seals, or the critical habitat for Steller 
sea lions.
    Steller sea lions and humpback whales are protected under the 
Marine Mammal Protection Act (MMPA). Impacts resulting from fishing 
activities proposed in this rule are discussed in the FEIS for the 
2013-2014 groundfish fishery specifications and management measures. 
West coast pot fisheries for sablefish are considered Category II 
fisheries under the MMPA's List of Fisheries, indicating occasional 
interactions. All other west coast groundfish fisheries, including the 
trawl fishery, are considered Category III fisheries under the MMPA, 
indicating a remote likelihood of or no known serious injuries or 
mortalities to marine mammals. MMPA section 101(a)(5)(E) requires that 
NMFS authorize the taking of ESA-listed marine mammals incidental to 
U.S. commercial fisheries if it makes the requisite findings, including 
a finding that the incidental mortality and serious injury from 
commercial fisheries will have negligible impact on the affected 
species or stock. As noted above, NMFS concluded in its biological 
opinion for the groundfish fisheries that these fisheries were not 
likely to jeopardize Steller sea lions or humpback whales. The eastern 
distinct population segment of Steller sea lions was delisted under the 
ESA on November 4, 2013 (78 FR 66140). On September 4, 2013, based on 
its negligible impact determination dated August 28, 2013, NMFS issued 
a permit for three years to authorize the incidental taking of humpback 
whales by the sablefish pot fishery (78 FR 54553).
    On November 21, 2012, the U.S. Fish and Wildlife Service (FWS) 
issued a biological opinion concluding that the groundfish fishery will 
not jeopardize the continued existence of the short-tailed albatross. 
The FWS also concurred that the fishery is not likely to adversely 
affect the marbled murrelet, California least tern, southern sea otter, 
bull trout, nor bull trout critical habitat.
    Pursuant to Executive Order 13175, this proposed rule was developed 
after meaningful consultation and collaboration with tribal officials 
from the area covered by the FMP. Consistent with the Magnuson-Stevens 
Act at 16 U.S.C. 1852(b)(5), one of the voting members of the Pacific 
Council is a representative of an Indian tribe with federally 
recognized fishing rights from the area of the Council's jurisdiction. 
In addition, NMFS has coordinated specifically with the tribes 
interested in the whiting fishery regarding the issues addressed by 
this rule.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian fisheries.

    Dated: February 24, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator For Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 660 is 
proposed to be amended as follows:

PART 660--FISHERIES OFF WEST COAST STATES

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

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


[[Page 11389]]


0
2. In Sec.  660.50, paragraph (f)(4) is revised to read as follows:


Sec.  660.50  Pacific Coast treaty Indian fisheries.

* * * * *
    (f) * * *
    (4) Pacific whiting. The tribal allocation for 2014 will be 17.5 
percent of the U.S. TAC.
* * * * *
[FR Doc. 2014-04375 Filed 2-27-14; 8:45 am]
BILLING CODE 3510-22-P