Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pacific Whiting Allocations and Fishery Closure; Pacific Whiting Seasons, 7390-7392 [2015-02669]
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Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations
when assessing the status of a species.
Therefore, the economic analysis
requirements of the Regulatory
Flexibility Act are not applicable to the
listing process. In addition, this final
rule is exempt from review under
Executive Order 12866. This final rule
does not contain a collection-ofinformation requirement for the
purposes of the Paperwork Reduction
Act.
provide continuing and meaningful
dialogue on issues of mutual state and
Federal interest, this final rule will be
shared with the relevant state agencies
in each state in which the species is
believed to occur.
Executive Order 13122, Federalism
Dated: February 4, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
In accordance with E.O. 13132, we
determined that this final rule does not
have significant federalism effects and
that a federalism assessment is not
required. In keeping with the intent of
the Administration and Congress to
List of Subjects in 50 CFR Part 224
Administrative practice and
procedure, Endangered and threatened
species, Reporting and recordkeeping
requirements.
Common name
Scientific name
Description of listed entity
1. The authority citation for part 224
continues to read as follows:
■
Authority: 16 U.S.C. 1531–1543 and 16
U.S.C. 1361 et seq.
2. In § 224.101, in the table in
paragraph (h), revise the entry for
‘‘Whale, killer (Southern Resident
DPS)’’ to read as follows:
■
§ 224.101 Enumeration of endangered
marine and anadromous species.
*
For the reasons set out in the
preamble, 50 CFR part 224 is amended
as follows:
Species1
PART 224—ENDANGERED MARINE
AND ANADROMOUS SPECIES
*
*
(h) * * *
*
*
Citation(s) for listing
determination(s)
Critical
habitat
ESA Rules
*
*
[Insert citation] 2/10/2015
226.206
*
224.103
Marine Mammals
*
Whale, killer (Southern
Resident DPS).
*
*
Orcinus orca .....................
*
*
*
Killer whales from the J, K,
and L pods.
*
*
*
*
*
1 Species
includes taxonomic species, subspecies, distinct population segments (DPSs) (for a policy statement, see 61 FR 4722, February 7,
1996), and evolutionarily significant units (ESUs) (for a policy statement, see 56 FR 58612, November 20, 1991).
*
*
*
*
*
[FR Doc. 2015–02604 Filed 2–9–15; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 131119977–4381–02]
RIN 0648–XD640
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Pacific Whiting Allocations and
Fishery Closure; Pacific Whiting
Seasons
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Reapportionment of tribal
Pacific whiting allocation, and
implementation of an Ocean Salmon
Conservation Zone to protect Chinook
salmon.
rljohnson on DSK3VPTVN1PROD with RULES
AGENCY:
This document announces the
reapportionment of 45,000 metric tons
SUMMARY:
VerDate Sep<11>2014
15:13 Feb 09, 2015
Jkt 235001
(mt) of Pacific whiting from the tribal
allocation to the non-tribal commercial
fishery sectors via two actions, in order
to allow full utilization of the Pacific
whiting resource. It also announces the
implementation of an Ocean Salmon
Conservation Zone that prohibited the
targeting of Pacific whiting with
midwater trawl gear shoreward of
approximately 100 fathoms (fm) (183 m)
to reduce Chinook salmon bycatch in
the Pacific whiting fishery.
DATES: The rules set out in this
document were made through automatic
action, and are published in the Federal
Register as soon as practicable after they
are issued. The Ocean Salmon
Conservation Zone was effective 0800
local time October 20, 2014 until
December 31, 2014. The
reapportionments of Pacific whiting
were effective from 1200 local time,
September 12, 2014 (25,000 mt) and
2000 local time October 23, 2014
(additional 20,000 mt), until December
31, 2014. Comments will be accepted
through February 25, 2015.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2014–0020
by any of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal at
PO 00000
Frm 00106
Fmt 4700
Sfmt 4700
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20140020, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: William W. Stelle, Jr.,
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
anonymous).
FOR FURTHER INFORMATION CONTACT:
Miako Ushio (West Coast Region,
NMFS), phone: 206–526–4644 or email:
miako.ushio@noaa.gov.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\10FER1.SGM
10FER1
Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations
Electronic Access
This document is accessible via the
Internet at the Office of the Federal
Register’s Web site at https://
www.gpo.gov/fdsys/search/home.action.
Background information and documents
are available at the Pacific Fishery
Management Council’s Web site at
https://www.pcouncil.org/.
rljohnson on DSK3VPTVN1PROD with RULES
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. Whiting has the
largest (by volume) annual allowable
harvest levels of the more than 90
groundfish species managed under the
Pacific Coast Groundfish Fishery
Management Plan (FMP), which governs
the groundfish fishery off Washington,
Oregon, and California. The coastwide
whiting stock is managed by both the
United States and Canada, and mature
whiting are commonly available to
vessels operating in U.S. waters from
April through December. Background on
the stock assessment for and the
establishment of the 2014 Total
Allowable Catch (TAC) for Pacific
whiting is provided in the final rule for
the 2014 whiting harvest specifications,
published May 13, 2014 (79 FR 27198).
Pacific whiting is allocated to the
Washington 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 45,000 mt of Pacific
whiting from the tribal allocation to the
non-tribal commercial sectors. On
September 12, 2014, 25,000 mt of
Pacific whiting was reapportioned,
followed by a second reapportionment
of 20,000 mt on October 23, 2014.
Regulations at 50 CFR 660.131(h)
contain provisions that allow the
Regional Administrator to reallocate
that portion of the Pacific whiting tribal
allocation specified at § 660.50 that will
not be harvested by the end of the
fishing year to other sectors. This action
also announces the implementation of
the Ocean Salmon Conservation Zone
on October 20, 2014 pursuant to
regulations at § 660.131(c) and
§ 660.60(d), subpart C.
Pacific Whiting Reapportionment
For 2014, the Washington Coast treaty
tribes were allocated 55,336 mt of
VerDate Sep<11>2014
15:13 Feb 09, 2015
Jkt 235001
Pacific whiting. The best available
information through September 12,
2014, indicated that at least 25,000 mt
of the tribal allocation would not be
harvested by December 31, 2014. To
allow for full utilization of the resource,
NMFS reapportioned 25,000 mt to the
shorebased IFQ Program, C/P Coop and
MS Coop in proportion to each sector’s
original allocation on September 12,
2014. Reapportioning this amount was
expected to allow for greater attainment
of the TAC while not limiting tribal
harvest opportunities for the remainder
of the year. Subsequently, the C/P Coop,
MS Coop, and Shorebased IFQ sectors
expressed an interest in additional
harvest of Pacific whiting via written
notice to NMFS.
The best available information on
October 22, 2014, indicated that an
additional 20,000 mt of the tribal
allocation would not be harvested by
December 31, 2014. To allow for full
utilization the resource, NMFS
reapportioned an additional 20,000 mt
of the non-tribal sector and distributed
to the C/P Coop and MS Coop in
proportion to each sector’s original
allocation on October 23, 2014. As
explained below, the Shorebased IFQ
Program’s share of the second
reapportionment was not distributed
due to concerns about Chinook salmon
catch.
Reapportioning a combined total of
45,000 mt was expected to allow for a
greater likelihood of attaining the OY
while not limiting tribal harvest
opportunities for the remainder of the
year. The revised Pacific whiting
allocations for 2014 are: Tribal 10,336
mt, C/P Coop 103,486 mt; MS Coop
73,049 mt; and Shorebased IFQ Program
127,835 mt.
Ocean Salmon Conservation Zone and
Chinook Salmon Bycatch in the
Primary Whiting Season
Chinook salmon protected under the
Endangered Species Act (ESA) are
caught as bycatch in the Pacific whiting
fishery. As the result of previous ESA
consultations, multiple steps have been
taken in the fishery to minimize rates of
Chinook salmon bycatch. The currently
applicable incidental take statement
requires reinitiation of consultation if
the Pacific whiting fishery exceeds an
11,000-Chinook salmon annual bycatch
amount. As reported in the 2006
Supplemental Biological Opinion on the
Pacific Coast Groundfish, historic
fishery data indicates that Chinook
salmon bycatch rates can be highest in
depths less than 100 fathoms (fm) (183
m) and early in the season (May and
June), although bycatch rates can vary.
PO 00000
Frm 00107
Fmt 4700
Sfmt 4700
7391
When NMFS projects that the Pacific
whiting fishery may incidentally take in
excess of 11,000 Chinook salmon within
a calendar year, an Ocean Salmon
Conservation Zone may be implemented
through an automatic action (50 CFR
660.60(d), subpart C). The Ocean
Salmon Conservation Zone prohibits the
targeting of Pacific whiting with
midwater trawl gear shoreward of the
100 fm depth contour (§ 660.131(c)).
As of October 17, 2014, the best
available information indicated that the
Pacific whiting fishery had taken at least
11,000 Chinook salmon. Accordingly,
NMFS has reinitiated consultation on
the effect of the groundfish fishery on
salmonids listed as endangered or
threatened, and implemented the Ocean
Salmon Conservation Zone to reduce
the effect of the whiting fishery on
salmon for the remainder of the 2014
season. Vessels fishing in the Pacific
whiting primary seasons were
prohibited from targeting Pacific
whiting with midwater trawl gear in all
waters shoreward of a boundary line
approximating the 100 fm (183 m) depth
contour as of 0800, local time, October
20, 2014. Latitude/longitude coordinates
defining the boundary line that
approximates the 100 fm (183 m) depth
contour are provided at § 660.73,
subpart C.
Reapportionment Effect on Chinook
Salmon
NMFS concluded that distributing the
reapportioned whiting to the at-sea
sectors (C/P Coop and MS Coop) would
not substantially increase the overall
Chinook bycatch rates for the Pacific
whiting fishery because these sectors
had taken voluntary steps to reduce
Chinook salmon bycatch, including
fishing outside of 150 fm, and had
notified NMFS in writing that they
would cease fishing if they reached the
bycatch numbers projected in the
absence of additional reallocation.
The Shorebased IFQ program tends to
fish closer to shore to reduce operating
costs. As a consequence, the shoreside
sector tends to have higher bycatch rates
than the at-sea sectors. For this reason,
the Pacific Fishery Management Council
(PFMC) recommended via emergency
meeting on October 17, 2014, that any
additional reapportioned fish be
distributed to the shorebased sector after
attainment of their existing allocation in
conjunction with salmon conservation
measures implemented through
inseason action. The Shorebased IFQ
program did not attain their existing
allocation, the Shorebased IFQ share of
the second reapportionment was not
distributed, and no additional salmon
conservation measures were taken.
E:\FR\FM\10FER1.SGM
10FER1
7392
Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Rules and Regulations
Emails sent directly to fishing
businesses and individuals, and
postings on the West Coast Region’s
internet site were used to provide actual
notice to the affected fishers.
Reapportionment was effective the same
day as the notice, while implementation
of the Ocean Salmon Conservation Zone
was effective three days after the Public
Notice, to allow for additional time for
the public to become aware of the
change in depth restrictions.
rljohnson on DSK3VPTVN1PROD with RULES
Classification
This action is authorized by the
regulations implementing the FMP. The
Assistant Administrator for Fisheries,
NOAA (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. It was contrary to public
interest to provide prior notice and
comment on the implementation of the
Ocean Salmon Conservation Zone
because conservation concerns required
taking immediate action on current
catch information to reduce take of
Chinook salmon. The closed area
VerDate Sep<11>2014
15:13 Feb 09, 2015
Jkt 235001
implemented by this rule needed to be
in effect during the remainder of the
2014 primary season. If the agency were
to conduct a proposed and final
rulemaking for this action, the rule
would not likely have been finalized
until after the whiting fisheries had
achieved their 2014 whiting quotas. The
bycatch of ESA-listed salmon could
have continued unabated during this
time. Providing prior notice and
comment was impracticable because
affording prior notice and opportunity
for public comment would have
impeded the agency’s mandated duty to
manage fisheries to protect endangered
and threatened salmon. Implementing
the Ocean Salmon Conservation Zone
and reapportioning as quickly as
possible was necessary to protect
Chinook salmon and to allow access to
the remaining portion of the Pacific
whiting TAC prior to the onset of
weather conditions that would make
fishing unsafe. As previously noted,
actual notice of the reapportionment
was provided to fishers. Prior notice and
opportunity for public comment on this
reapportionment was impracticable
because NMFS had insufficient time to
provide prior notice and the
opportunity for public comment
PO 00000
Frm 00108
Fmt 4700
Sfmt 9990
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. Additionally, it is
not practical for vessels to keep crews
waiting for additional quota, so timely
reapportionment of uncaught quota to
these sectors was necessary to keep
workers in the C/P Coop and
Mothership Coops employed. 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
§§ 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. 773 et seq.
Dated: February 5, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2015–02669 Filed 2–9–15; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\10FER1.SGM
10FER1
]]>Agencies
[Federal Register Volume 80, Number 27 (Tuesday, February 10, 2015)]
[Rules and Regulations]
[Pages 7390-7392]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-02669]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 131119977-4381-02]
RIN 0648-XD640
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Pacific Whiting Allocations and
Fishery Closure; Pacific Whiting Seasons
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Reapportionment of tribal Pacific whiting allocation, and
implementation of an Ocean Salmon Conservation Zone to protect Chinook
salmon.
-----------------------------------------------------------------------
SUMMARY: This document announces the reapportionment of 45,000 metric
tons (mt) of Pacific whiting from the tribal allocation to the non-
tribal commercial fishery sectors via two actions, in order to allow
full utilization of the Pacific whiting resource. It also announces the
implementation of an Ocean Salmon Conservation Zone that prohibited the
targeting of Pacific whiting with midwater trawl gear shoreward of
approximately 100 fathoms (fm) (183 m) to reduce Chinook salmon bycatch
in the Pacific whiting fishery.
DATES: The rules set out in this document were made through automatic
action, and are published in the Federal Register as soon as
practicable after they are issued. The Ocean Salmon Conservation Zone
was effective 0800 local time October 20, 2014 until December 31, 2014.
The reapportionments of Pacific whiting were effective from 1200 local
time, September 12, 2014 (25,000 mt) and 2000 local time October 23,
2014 (additional 20,000 mt), until December 31, 2014. Comments will be
accepted through February 25, 2015.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2014-0020
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-2014-0020, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: William W. Stelle, Jr., 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 anonymous).
FOR FURTHER INFORMATION CONTACT: Miako Ushio (West Coast Region, NMFS),
phone: 206-526-4644 or email: miako.ushio@noaa.gov.
SUPPLEMENTARY INFORMATION:
[[Page 7391]]
Electronic Access
This document is accessible via the Internet at the Office of the
Federal Register's Web site at https://www.gpo.gov/fdsys/search/home.action. Background information and documents are available at the
Pacific Fishery Management Council's Web site at https://www.pcouncil.org/.
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. Whiting has the largest (by
volume) annual allowable harvest levels of the more than 90 groundfish
species managed under the Pacific Coast Groundfish Fishery Management
Plan (FMP), which governs the groundfish fishery off Washington,
Oregon, and California. The coastwide whiting stock is managed by both
the United States and Canada, and mature whiting are commonly available
to vessels operating in U.S. waters from April through December.
Background on the stock assessment for and the establishment of the
2014 Total Allowable Catch (TAC) for Pacific whiting is provided in the
final rule for the 2014 whiting harvest specifications, published May
13, 2014 (79 FR 27198). Pacific whiting is allocated to the Washington
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 45,000 mt of Pacific
whiting from the tribal allocation to the non-tribal commercial
sectors. On September 12, 2014, 25,000 mt of Pacific whiting was
reapportioned, followed by a second reapportionment of 20,000 mt on
October 23, 2014. Regulations at 50 CFR 660.131(h) contain provisions
that allow the Regional Administrator to reallocate that portion of the
Pacific whiting tribal allocation specified at Sec. 660.50 that will
not be harvested by the end of the fishing year to other sectors. This
action also announces the implementation of the Ocean Salmon
Conservation Zone on October 20, 2014 pursuant to regulations at Sec.
660.131(c) and Sec. 660.60(d), subpart C.
Pacific Whiting Reapportionment
For 2014, the Washington Coast treaty tribes were allocated 55,336
mt of Pacific whiting. The best available information through September
12, 2014, indicated that at least 25,000 mt of the tribal allocation
would not be harvested by December 31, 2014. To allow for full
utilization of the resource, NMFS reapportioned 25,000 mt to the
shorebased IFQ Program, C/P Coop and MS Coop in proportion to each
sector's original allocation on September 12, 2014. Reapportioning this
amount was expected to allow for greater attainment of the TAC while
not limiting tribal harvest opportunities for the remainder of the
year. Subsequently, the C/P Coop, MS Coop, and Shorebased IFQ sectors
expressed an interest in additional harvest of Pacific whiting via
written notice to NMFS.
The best available information on October 22, 2014, indicated that
an additional 20,000 mt of the tribal allocation would not be harvested
by December 31, 2014. To allow for full utilization the resource, NMFS
reapportioned an additional 20,000 mt of the non-tribal sector and
distributed to the C/P Coop and MS Coop in proportion to each sector's
original allocation on October 23, 2014. As explained below, the
Shorebased IFQ Program's share of the second reapportionment was not
distributed due to concerns about Chinook salmon catch.
Reapportioning a combined total of 45,000 mt was expected to allow
for a greater likelihood of attaining the OY while not limiting tribal
harvest opportunities for the remainder of the year. The revised
Pacific whiting allocations for 2014 are: Tribal 10,336 mt, C/P Coop
103,486 mt; MS Coop 73,049 mt; and Shorebased IFQ Program 127,835 mt.
Ocean Salmon Conservation Zone and Chinook Salmon Bycatch in the
Primary Whiting Season
Chinook salmon protected under the Endangered Species Act (ESA) are
caught as bycatch in the Pacific whiting fishery. As the result of
previous ESA consultations, multiple steps have been taken in the
fishery to minimize rates of Chinook salmon bycatch. The currently
applicable incidental take statement requires reinitiation of
consultation if the Pacific whiting fishery exceeds an 11,000-Chinook
salmon annual bycatch amount. As reported in the 2006 Supplemental
Biological Opinion on the Pacific Coast Groundfish, historic fishery
data indicates that Chinook salmon bycatch rates can be highest in
depths less than 100 fathoms (fm) (183 m) and early in the season (May
and June), although bycatch rates can vary.
When NMFS projects that the Pacific whiting fishery may
incidentally take in excess of 11,000 Chinook salmon within a calendar
year, an Ocean Salmon Conservation Zone may be implemented through an
automatic action (50 CFR 660.60(d), subpart C). The Ocean Salmon
Conservation Zone prohibits the targeting of Pacific whiting with
midwater trawl gear shoreward of the 100 fm depth contour (Sec.
660.131(c)).
As of October 17, 2014, the best available information indicated
that the Pacific whiting fishery had taken at least 11,000 Chinook
salmon. Accordingly, NMFS has reinitiated consultation on the effect of
the groundfish fishery on salmonids listed as endangered or threatened,
and implemented the Ocean Salmon Conservation Zone to reduce the effect
of the whiting fishery on salmon for the remainder of the 2014 season.
Vessels fishing in the Pacific whiting primary seasons were prohibited
from targeting Pacific whiting with midwater trawl gear in all waters
shoreward of a boundary line approximating the 100 fm (183 m) depth
contour as of 0800, local time, October 20, 2014. Latitude/longitude
coordinates defining the boundary line that approximates the 100 fm
(183 m) depth contour are provided at Sec. 660.73, subpart C.
Reapportionment Effect on Chinook Salmon
NMFS concluded that distributing the reapportioned whiting to the
at-sea sectors (C/P Coop and MS Coop) would not substantially increase
the overall Chinook bycatch rates for the Pacific whiting fishery
because these sectors had taken voluntary steps to reduce Chinook
salmon bycatch, including fishing outside of 150 fm, and had notified
NMFS in writing that they would cease fishing if they reached the
bycatch numbers projected in the absence of additional reallocation.
The Shorebased IFQ program tends to fish closer to shore to reduce
operating costs. As a consequence, the shoreside sector tends to have
higher bycatch rates than the at-sea sectors. For this reason, the
Pacific Fishery Management Council (PFMC) recommended via emergency
meeting on October 17, 2014, that any additional reapportioned fish be
distributed to the shorebased sector after attainment of their existing
allocation in conjunction with salmon conservation measures implemented
through inseason action. The Shorebased IFQ program did not attain
their existing allocation, the Shorebased IFQ share of the second
reapportionment was not distributed, and no additional salmon
conservation measures were taken.
[[Page 7392]]
Emails sent directly to fishing businesses and individuals, and
postings on the West Coast Region's internet site were used to provide
actual notice to the affected fishers. Reapportionment was effective
the same day as the notice, while implementation of the Ocean Salmon
Conservation Zone was effective three days after the Public Notice, to
allow for additional time for the public to become aware of the change
in depth restrictions.
Classification
This action is authorized by the regulations implementing the FMP.
The Assistant Administrator for Fisheries, NOAA (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. It was contrary to public interest to provide
prior notice and comment on the implementation of the Ocean Salmon
Conservation Zone because conservation concerns required taking
immediate action on current catch information to reduce take of Chinook
salmon. The closed area implemented by this rule needed to be in effect
during the remainder of the 2014 primary season. If the agency were to
conduct a proposed and final rulemaking for this action, the rule would
not likely have been finalized until after the whiting fisheries had
achieved their 2014 whiting quotas. The bycatch of ESA-listed salmon
could have continued unabated during this time. Providing prior notice
and comment was impracticable because affording prior notice and
opportunity for public comment would have impeded the agency's mandated
duty to manage fisheries to protect endangered and threatened salmon.
Implementing the Ocean Salmon Conservation Zone and reapportioning as
quickly as possible was necessary to protect Chinook salmon and to
allow access to the remaining portion of the Pacific whiting TAC prior
to the onset of weather conditions that would make fishing unsafe. As
previously noted, actual notice of the reapportionment was provided to
fishers. Prior notice and opportunity for public comment on this
reapportionment was impracticable because NMFS had insufficient time to
provide prior notice and the opportunity for public comment between the
time the information about the progress of the fishery needed to make
this determination became available and the time at which fishery
modifications had to be implemented in order to allow fishers access to
the available fish during the remainder of the fishing season.
Additionally, it is not practical for vessels to keep crews waiting for
additional quota, so timely reapportionment of uncaught quota to these
sectors was necessary to keep workers in the C/P Coop and Mothership
Coops employed. 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. 773 et seq.
Dated: February 5, 2015.
Emily H. Menashes,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2015-02669 Filed 2-9-15; 8:45 am]
BILLING CODE 3510-22-P
