Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Annual Specifications and Management Measures for the 2016 Tribal and Non-Tribal Fisheries for Pacific Whiting, 30203-30215 [2016-11329]
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Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations
Management Area before 0001 hr local
time, May 13, 2016. This closure is in
effect through February 28, 2017.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
NMFS finds good cause pursuant to 5
U.S.C. 553(b)(B) to waive prior notice
and the opportunity for public comment
because it would be contrary to the
public interest and impracticable. The
NGOM Scallop Management Area
opened for the 2016 fishing year on
March 1, 2016. The regulations at
§ 648.60(b)(2) require this closure to
ensure that federally permitted scallop
vessels do not harvest more than the
allocated TAC for the NGOM Scallop
Management Area. The projections of
the date on which the NGOM Scallop
Management Area TAC will be
harvested become apparent only as trips
into the area occur on a real-time basis
and as activity trends begin to appear.
As a result, an accurate projection only
can be made very close in time to when
the TAC is harvested. In addition,
proposing a closure would likely
increase activity, triggering an earlier
closure than predicted. To allow
federally permitted scallop vessels to
continue to take trips in the NGOM
Scallop Management Area during the
period necessary to publish and receive
comments on a proposed rule would
likely result in vessels over harvesting
the 2016 TAC for the NGOM Scallop
Management Area. Over harvest from
the NGOM Scallop Management Area
would result in excessive fishing effort
in the area, where effort controls are
critical, thereby undermining
conservation objectives of the Atlantic
Sea Scallop Fishery Management Plan
and requiring more restrictive future
management measures. Also, the public
had prior notice and full opportunity to
comment on this closure process when
we put these provisions in place. NMFS
further finds, pursuant to 5 U.S.C.
553(d)(3), good cause to waive the 30day delayed effectiveness period for the
reasons stated above.
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Authority: 16 U.S.C. 1801 et seq.
Dated: May 11, 2016.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2016–11494 Filed 5–11–16; 4:15 pm]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 160126053–6398–02]
RIN 0648–BF74
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery;
Annual Specifications and
Management Measures for the 2016
Tribal and Non-Tribal Fisheries for
Pacific Whiting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues this final rule
for the 2016 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 final rule
announces the 2016 U.S. Total
Allowable Catch (TAC) of 367,553
metric tons of Pacific whiting,
establishes the tribal allocation of
64,322 metric tons, establishes a setaside for research and bycatch of 1,500
metric tons, and announces the
allocations of Pacific whiting to the nontribal fishery for 2016. This rule will
ensure that the 2016 Pacific whiting
fishery is managed in accordance with
the goals and objectives of the
Magnuson-Stevens Act, the FMP, the
Pacific Whiting Act of 2006, and other
applicable laws.
DATES: Effective May 12, 2016.
FOR FURTHER INFORMATION CONTACT:
Miako Ushio (West Coast Region,
NMFS), phone: 206–526–4644, and
email: Miako.Ushio@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Electronic Access
This final 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/.
The final environmental impact
statement (FEIS) regarding Harvest
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Specifications and Management
Measures for 2015–2016 and Biennial
Periods Thereafter is available on the
NOAA Fisheries West Coast Region Web
site at:
www.westcoast.fisheries.noaa.gov/
publications/nepa/groundfish/
groundfish_nepa_documents.html and
copies are available from Donald
McIsaac, Executive Director, Pacific
Fishery Management Council (Council),
7700 NE Ambassador Place, Portland,
OR 97220, phone: 503–820–2280.
Background
This final rule announces the TAC for
Pacific whiting, expressed in metric
tons (mt). This is the fifth year that the
TAC for Pacific whiting has been
determined under the terms of the
Agreement with Canada on Pacific
Hake/Whiting (the Agreement) and the
Pacific Whiting Act of 2006 (the
Whiting Act), 16 U.S.C. 7001–7010. The
Agreement and the Whiting Act
establish bilateral bodies to implement
the terms of the Agreement, each with
various responsibilities, including: The
Joint Management Committee (JMC),
which is the decision-making body; the
Joint Technical Committee (JTC), which
conducts the stock assessment; the
Scientific Review Group (SRG), which
reviews the stock assessment; and the
Advisory Panel (AP), which provides
stakeholder input to the JMC (The
Agreement, Art. II–IV; 16 U.S.C. 7001–
7005). The Agreement establishes a
default harvest policy (F–40 percent
with a 40/10 adjustment) and allocates
73.88 percent of the TAC to the United
States and 26.12 percent of the TAC to
Canada. The JMC is primarily
responsible for developing a TAC
recommendation to the Parties (United
States and Canada). The Secretary of
Commerce, in consultation with the
Secretary of State, has the authority to
accept or reject this recommendation.
Historic Catch
Coastwide Pacific whiting landings
averaged 224,376 mt from 1966 to 2015,
with a low of 89,930 mt in 1980 and a
peak of 363,135 mt in 2005. The coastwide catch in 2015 was 190,663 mt of
a 440,000 mt bilateral TAC. The U.S.
harvested 47.4 percent and Canada 31.8
percent of their respective allocations.
The overall catch of Pacific whiting in
U.S. waters was much less than
anticipated. Industry reported that this
lower catch was due to several factors
including unusual, dispersed
distribution of the fish later in the
season after the at-sea fleet returned
from Alaska, possibly due to
anomalously warm ocean conditions.
Catches may also have been impacted
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by reduced global market demand
resulting from, among other things, a
strong U.S. dollar and other market
conditions. The Catcher/Processor (C/P)
Coop Program, Mothership Coop
Program, and Shore-Based IFQ Program
fleets caught 67.9 percent, 38.8 percent,
and 46.6 percent of their total quotas,
respectively. Tribal fisheries did not
land any Pacific whiting in 2015.
2016 Pacific Whiting Stock Assessment
The JTC prepared the stock
assessment document ‘‘Status of Pacific
hake (whiting) stock in U.S. and
Canadian waters in 2016,’’ which was
completed on March 1, 2016, and
presents a model that depends primarily
upon an acoustic survey biomass index,
catches, and age compositions for
information on the scale of the current
Pacific whiting stock. The most recent
survey was conducted in 2015, and was
a result of collaboration between
Fisheries and Oceans Canada and
NOAA Fisheries. The 2015 coast-wide
survey biomass estimate was 2.156
million mt, which is estimated to be the
highest on record for the survey. The
amount of spawning biomass in 2016 is
estimated to be 79 percent of historic
average levels, well above the target 40
percent.
As with past estimates, there is a
considerable range of uncertainty
around the most recent estimates
because young cohorts that make up a
large portion of the survey biomass have
not been observed very long. However,
age-composition data from both the
aggregated fisheries (1975–2015) and the
acoustic survey (1998–2015) indicate an
exceptionally strong 2010 cohort (age-5
whiting in 2015) contributing to recent
increases in the survey index. Coastwide catches in recent years have
largely depended on the 2010 cohort,
accounting for 70 percent of the
commercial catch in 2013, 67 percent in
2014, and 67 percent in 2015. Similarly,
the 2015 survey age composition was
nearly 60 percent age-5 fish from the
2010 cohort. Both survey and fishery
data sources provided initial indications
that the 2014 cohort (age-1 whiting in
2015) was above average. Current
estimates suggest that the 2014 cohort is
potentially similar in magnitude to the
2010 cohort, but because it has been
observed only once (in 2015 data) the
estimate is highly uncertain.
The JTC provided tables showing
catch alternatives for 2016. Using the
default F–40 percent harvest rate
identified in the Agreement (Paragraph
1 of Article III), the coastwide TAC for
2016 would be 804,399 mt. The stock
assessment model predicts that the
probability of the spawning stock
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biomass dropping below 40 percent
under the default harvest rate catch
scenario is 54 percent, and the
probability of dropping below 10
percent of unfished biomass in 2016 is
less than 1 percent. Spawning biomass
in 2017 is likely to be less than in 2016
under any catch level, because the
dominant 2010 cohort is projected to
lose biomass due to natural mortality at
a faster rate than it will increase in
biomass due to growth.
Scientific and Management Reviews
The SRG met in Seattle, Washington,
on February 23–25, 2016, to review the
draft stock assessment document
prepared by the JTC. The SRG noted
that the 2015 acoustic-trawl survey was
successfully completed, and that the
2015 survey biomass was 12 percent
higher than the 2013 survey estimate,
with approximately 21.4 percent of the
estimated biomass in Canadian waters
and 78.6 percent in U.S. waters and that
as with past assessments, uncertainty in
current stock status projections is likely
underestimated. The SRG determined
that substantive improvements had been
made in the biomass estimate. In
particular, a geostatistical approach,
kriging, has been applied to develop
index estimates since 2011, and
important refinements were made this
year that increased the SRG’s
confidence in the extrapolated biomass
estimates. The SRG noted that according
to the stock assessment, projected
median catches of 830,124 mt in 2016
and 955,423 mt in 2017 could be
achievable without overfishing.
The AP met on March 16–18, 2016,
and provided its 2016 TAC
recommendation to the JMC on March
18, 2016. At its March 17–18, 2016,
meeting, the JMC reviewed the advice of
the JTC, the SRG, and the AP, and
agreed on a TAC recommendation for
transmittal to the Parties. Paragraph 1 of
Article III of the Agreement directs the
default harvest rate to be used unless
scientific evidence demonstrates that a
different rate is necessary to sustain the
offshore whiting resource.
After consideration of the 2016 stock
assessment and other relevant scientific
information, the JMC did not use the
default harvest rate. Instead, a more
conservative approach was agreed upon.
There were two primary reasons for
choosing a TAC well below the default
level of F–40 percent: (1) A desire to
minimize mortality of the potentially
strong 2014 year class, which is
anticipated to be important to the
fishery over the next several years, but
the scale of which is uncertain, and (2)
to extend the harvest available from the
2010 year class. The JMC recommended
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an unadjusted TAC of 439,995 mt for
2016, which is approximately half of
what the TAC would be by using the
default harvest rate. This conservative
approach was endorsed by the AP. Both
the U.S. and Canada caught significantly
less than their individual TACs in 2015.
Therefore, 15 percent of each Party’s
individual unadjusted 2015 TACs is
added to that Party’s TAC for 2016 in
accordance with Article II of the
Agreement, resulting in a 2016 adjusted
coastwide TAC of 497,500 mt.
The recommendation for an
unadjusted 2016 United States TAC of
325,068 mt, plus 42,485 mt carryover of
uncaught quota from 2015 results in an
adjusted United States TAC of 367,553
mt for 2016 (73.88 percent of the
coastwide TAC). This recommendation
is consistent with the best available
science, provisions of the Agreement,
and the Whiting Act. The
recommendation was transmitted via
letter to the Parties on March 18, 2016.
NMFS, under delegation of authority
from the Secretary of Commerce,
approved the adjusted TAC
recommendation of 367,553 mt for U.S.
fisheries on April 21, 2016.
Tribal Fishery Allocation and
Reapportionment
This final rule establishes the tribal
allocation of Pacific whiting for 2016.
NMFS issued a proposed rule regarding
this allocation on March 10, 2016 (81 FR
12676). This action finalizes the tribal
allocation. Since 1996, NMFS has been
allocating a portion of the U.S. TAC of
Pacific whiting to the tribal fishery
using the process described in
§ 660.50(d)(1). According to § 660.55(b),
the tribal allocation is subtracted from
the total U.S. Pacific whiting TAC. The
tribal Pacific whiting fishery is managed
separately from the non-tribal Pacific
whiting fishery, and is not governed by
limited entry or open access regulations
or allocations.
The proposed rule described the tribal
allocation as 17.5 percent of the U.S.
TAC, and projected a range of potential
tribal allocations for 2016 based on a
range of U.S. TACs over the last 10 years
(plus or minus 25 percent to capture
variability in stock abundance). As
described in the proposed rule, the
resulting range of potential tribal
allocations was 17,842 to 71,110 mt.
As described earlier in this preamble,
the U.S. TAC for 2016 is 367,553 mt.
Applying the approach described in the
proposed rule, NMFS is establishing the
2016 tribal allocation of 64,322 mt (17.5
percent of the U.S. TAC) at § 660.50(f)(4)
by this final rule. While the total
amount of Pacific whiting to which the
Tribes are entitled under their treaty
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right has not yet been determined, and
new scientific information or
discussions with the relevant parties
may impact that decision, the best
available scientific information to date
suggests that 64,322 mt is within the
likely range of potential treaty right
amounts.
As with prior tribal Pacific whiting
allocations, this final rule is not
intended to establish precedent for
future Pacific whiting seasons, or for the
determination of the total amount of
whiting to which the Tribes are entitled
under their treaty right. Rather, this rule
adopts an interim allocation, pending
the determination of the total treaty
amount. That amount will be based on
further development of scientific
information and additional coordination
and discussion with and among the
coastal tribes and State of Washington.
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Harvest Guidelines and Allocations
This final rule establishes the fishery
harvest guideline (HG) and allocates it
among the three non-tribal sectors of the
Pacific whiting fishery. The fishery
harvest guideline, sometimes called the
non-tribal allocation, was not included
in the tribal whiting proposed rule
published on March 10, 2016 (81 FR
12676), for two reasons related to timing
and process. First, a recommendation on
the coastwide TAC for Pacific whiting
for 2016, under the terms of the
Agreement with Canada, was not
available until March 18, 2016. This
recommendation for a U.S. TAC was
approved by NMFS, under delegation of
authority from the Secretary of
Commerce, on April 21, 2016. Second,
the fishery HG is established following
deductions from the U.S. TAC for the
tribal allocation, mortality in scientific
research activities, and fishing mortality
in non-groundfish fisheries. The
Council establishes the amounts
deducted from the U.S. TAC for
scientific research and non-groundfish
fisheries on an annual basis at its April
meeting, based on estimates of scientific
research catch and estimated bycatch
mortality in non-groundfish fisheries.
For 2016, the Council recommended
and NMFS approves a scientific
research and bycatch set-aside of 1,500
mt. These amounts are not set until the
TAC is available. The fishery HG is
therefore being finalized with this rule.
The 2016 HG, sometimes referred to as
the non-tribal allocation, for Pacific
whiting is 301,731 mt. This amount was
determined by deducting from the total
U.S. TAC of 367,553 mt, the 64,322 mt
tribal allocation, along with 1,500 mt for
scientific research catch and fishing
mortality in non-groundfish fisheries.
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Regulations at § 660.55(i)(2) allocate
the fishery HG among the non-tribal C/
P Coop Program, Mothership Coop
Program, and Shorebased IFQ Program
sectors of the Pacific whiting fishery.
The C/P Coop Program is allocated 34
percent (102,589 mt for 2016), the
Mothership Coop Program is allocated
24 percent (72,415 mt for 2016), and the
Shorebased IFQ Program is allocated 42
percent (126,727 mt for 2016). The
fishery south of 42° N. lat. may not take
more than 6,336 mt (5 percent of the
Shorebased IFQ Program allocation)
prior to May 15, the start of the primary
Pacific whiting season north of 42° N.
lat.
The 2016 allocations of canary
rockfish, darkblotched rockfish, Pacific
ocean perch and widow rockfish to the
Pacific whiting fishery were published
in a final rule on March 10, 2015 (80 FR
12567). The allocations to the Pacific
whiting fishery for these species are
described in the footnotes to Table 2.b
to part 660, subpart C and are not
changed via this rulemaking.
Comments and Responses
On March 10, 2016, NMFS issued a
proposed rule for the allocation and
management of the 2016 tribal Pacific
whiting fishery. The comment period on
the proposed rule closed on April 11,
2016. No comment letters were
received.
Classification
The Annual Specifications and
Management Measures for the 2016
Tribal and non-Tribal Fisheries for
Pacific Whiting are issued under the
authority of the Magnuson-Stevens Act,
and the Pacific Whiting Act of 2006, and
are in accordance with 50 CFR part 660,
subparts C through G, the regulations
implementing the FMP. NMFS has
determined that this rule is consistent
with the national standards of the
Magnuson-Stevens Act and other
applicable laws.
NMFS has determined that the Pacific
whiting fishery, both tribal and nontribal, is consistent, to the maximum
extent practicable, with approved
coastal zone management programs for
the States of Washington and Oregon.
NMFS sent letters to the State of
Washington and the State of Oregon
describing its determination of
consistency dated February 5, 2016.
Both the State of Oregon and the State
of Washington responded indicating
agreement with the determination.
Pursuant to 5 U.S.C. 553(b)(B), the
NMFS Assistant Administrator finds
good cause to waive prior public notice
and comment and delay in effectiveness
for those provisions in this final rule
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that were not included in 80 FR 12676,
e.g., the U.S. TAC, as delaying this rule
would be impracticable and contrary to
the public interest. The annual harvest
specifications for Pacific whiting must
be implemented by the start of the
primary Pacific whiting season, which
begins on May 15, 2016, or the primary
Pacific whiting season will effectively
remain closed.
Every year, NMFS conducts a Pacific
whiting stock assessment in which U.S.
and Canadian scientists cooperate. The
2016 stock assessment for Pacific
whiting was prepared in early 2016, and
included updated total catch, length and
age data from the U.S. and Canadian
fisheries from 2015, and biomass
indices from the 2015 Joint U.S.Canadian acoustic/midwater trawl
surveys. Because of this late availability
of the most recent data for the
assessment, and the need for time to
conduct the treaty process for
determining the TAC using the most
recent assessment, it would not be
possible to allow for notice and
comment before the start of the primary
Pacific whiting season on May 15.
A delay in implementing the Pacific
whiting harvest specifications to allow
for notice and comment would be
contrary to the public interest because it
would require either a shorter primary
whiting season or development of a
TAC without the most recent data. A
shorter season could prevent the tribal
and non-tribal fisheries from attaining
their 2016 allocations, which would
result in unnecessary short-term adverse
economic effects for the Pacific whiting
fishing vessels and the associated
fishing communities. A TAC
determined without the most recent
data could fail to account for significant
fluctuations in the biomass of this
relatively short-lived species. To
prevent these adverse effects and to
allow the Pacific whiting season to
commence, it is in the best interest of
the public to waive prior notice and
comment.
In addition, pursuant to 5 U.S.C.
553(d)(3), the NMFS Assistant
Administrator finds good cause to waive
the 30-day delay in effectiveness.
Waiving the 30-day delay in
effectiveness will not have a negative
impact on any entities, as there are no
new compliance requirements or other
burdens placed on the fishing
community with this rule. Failure to
make this final rule effective at the start
of the fishing year will undermine the
intent of the rule, which is to promote
the optimal utilization and conservation
of Pacific whiting. Making this rule
effective immediately would also serve
the best interests of the public because
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it will allow for the longest possible
Pacific whiting fishing season and
therefore the best possible economic
outcome for those whose livelihoods
depend on this fishery. Because the 30day delay in effectiveness would
potentially cause significant financial
harm without providing any
corresponding benefits, this final rule is
effective upon publication in the
Federal Register.
The preamble to the proposed rule
and this final rule serve as the small
entity compliance guide required by
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996. This action does not require any
additional compliance from small
entities that is not described in the
preamble. Copies of this final rule are
available from NMFS at the following
Web site: https://
www.westcoast.fisheries.noaa.gov/
fisheries/management/whiting/pacific_
whiting.html.
The Office of Management and Budget
has determined that this final rule is not
significant for purposes of Executive
Order 12866.
When an agency proposes regulations,
the Regulatory Flexibility Act (RFA)
requires the agency to prepare and make
available for public comment an Initial
Regulatory Flexibility Analysis (IRFA)
document that describes the impact on
small businesses, non-profit enterprises,
local governments, and other small
entities. The IRFA is to aid the agency
in considering all reasonable regulatory
alternatives that would minimize the
economic impact on affected small
entities. After the public comment
period, the agency prepares a Final
Regulatory Flexibility Analysis (FRFA)
that takes into consideration any new
information and public comments. This
FRFA incorporates the IRFA and a
summary of the analyses completed to
support the action.
NMFS published a proposed rule on
March 10, 2016 (81 FR 12676) for the
allocation of the 2016 tribal Pacific
whiting fishery. The comment period on
the proposed rule closed on April 11,
2016, and no comments were received
on the proposed rule, the IRFA, or the
economic impacts of this action
generally. An IRFA was prepared and
summarized in the Classification section
of the preamble to the proposed rule.
The description of this action, its
purpose, and its legal basis are
described in the preamble to the
proposed rule and are not repeated here.
The FRFA describes the impacts on
small entities, which are defined in the
IRFA for this action and not repeated
here. Analytical requirements for the
FRFA are described in Regulatory
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Flexibility Act, section 604(a)(1)
through (5), and summarized below.
The FRFA must contain: (1) A succinct
statement of the need for, and objectives
of, the rule; (2) A summary of the
significant issues raised by the public
comments in response to the initial
regulatory flexibility analysis, a
summary of the assessment of the
agency of such issues, and a statement
of any changes made in the proposed
rule as a result of such comments; (3) A
description and an estimate of the
number of small entities to which the
rule will apply, or an explanation of
why no such estimate is available; (4) A
description of the projected reporting,
recordkeeping and other compliance
requirements of the rule, including an
estimate of the classes of small entities
which will be subject to the requirement
and the type of professional skills
necessary for preparation of the report
or record; and (5) A description of the
steps the agency has taken to minimize
the significant economic impact on
small entities consistent with the stated
objectives of applicable statutes,
including a statement of the factual,
policy, and legal reasons for selecting
the alternative adopted in the final rule
and why each one of the other
significant alternatives to the rule
considered by the agency which affect
the impact on small entities was
rejected.
This final rule establishes the initial
2016 Pacific whiting allocations for the
tribal fishery, the fishery HG, the
allocations for the non-tribal sectors (C/
P, mothership, and shoreside), and the
amount of Pacific whiting deducted
from the TAC for scientific research and
fishing mortality in non-groundfish
fisheries. The amount of whiting
allocated to these 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.
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 but in recent
years, there have been fewer vessels
actually fishing. Based on groundfish
ex-vessel revenues and on tribal
enrollments (the population size of each
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tribe), the four tribes and their fleets are
considered ‘‘small’’ entities. We expect
one tribal entity, the Makah Tribe, to
fish in 2016.
This rule would also 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 IFQ
Program—Trawl Fishery; Mothership
Coop Program—Whiting At-sea Trawl
Fishery; and C/P Coop Program—
Whiting At-sea Trawl Fishery.
Currently, the Shorebased IFQ
Program is composed of 172 Quota
Share permits/accounts, 152 vessel
accounts, and 44 first receivers. The
Mothership fishery is currently
composed of a single coop, with six
mothership processor permits, and 34
Mothership/Catcher-Vessel endorsed
permits, with three permits each having
two catch history assignments. The C/P
Program is composed of 10 C/P permits
owned by three companies that have
formed a single coop. These regulations
directly affect IFQ Quota shareholders
whose vessel accounts receive Quota
Pounds (QP), holders of mothership
catcher-vessel-endorsed permits who
determine how many co-ops will
participate in the fishery and how much
fish each co-op is to receive, and the C/
P Coop which is made up of three
companies that own the catcherprocessor permits.
As part of the permit application
processes for the non-tribal fisheries,
based on a review of the SBA size
criteria, applicants are asked if they
consider themselves a ‘‘small’’ business,
and they are asked to provide detailed
ownership information. Although there
are three non-tribal sectors, many
companies participate in two sectors
and some participate in all three sectors.
All of the 34 mothership catch history
assignments are associated with a single
mothership co-op and all ten of the C/
P permits are associated with a co-op.
These co-ops are considered large
entities from several perspectives; they
have participants that are large entities,
whiting co-op revenues exceed or have
exceeded $20.5 million, or co-op
members are connected to American
Fishing Act permits or co-ops where the
NMFS Alaska Region has determined
they are all large entities (79 FR 54597;
September 12, 2014). After accounting
for cross participation, multiple Quota
Share account holders, and affiliation
through ownership, NMFS estimates
that there are 103 non-tribal entities
directly affected by these regulations, 89
of which are considered ‘‘small’’
businesses.
In total in 2015, non-tribal sectors
harvested 52 percent of the final non-
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tribal allocation of 296,685 mt. The
revised Pacific whiting allocations for
2015 were: Tribal 26,888 mt, C/P Coop
100,873 mt; Mothership Coop 71,204
mt; and Shorebased IFQ Program
124,607.45 mt. Sector allocations in
2016 are higher than sector catches in
2015, and the initial 2016 allocations to
these non-tribal sectors are thirteen
percent higher than their 2015 initial
allocations. NMFS concludes that this
rule will be beneficial to both large and
small entities.
For the years 2011 to 2015, the total
whiting fishery (tribal and non-tribal)
averaged harvests of approximately
205,000 mt annually, worth an average
estimated $52 million in ex-vessel
revenues. As the U.S. whiting TAC has
been highly variable during this time, so
have harvests. In the past five years,
harvests have ranged from 151,000 mt
(2015) to 264,000 mt (2014). Ex-vessel
revenues have also varied. Annual exvessel revenues have ranged from $25
million (2015) to $65 million (2013 and
2014). Revenues are estimated for the
mothership and catcher/processor
harvest using the average annual
shoreside ex-vessel price. Total whiting
harvest in 2015 was approximately
151,000 mt, worth $25 million, at a
shoreside ex-vessel price of $167 per mt.
Ex-vessel revenues in 2014 were over
$64 million with a harvest of 264,000 mt
and an average shoreside ex-vessel price
of $240 per mt. The prices for whiting
are largely determined by the world
market for groundfish, because most of
the whiting harvested is exported. Poor
world market conditions led to a
decrease in prices in 2015. A confluence
of biological factors precluded the tribal
fishery in 2015, and resulted in a much
lower harvest percentage of the annual
commercial TAC than in prior years. In
2015 NMFS reapportioned 30,000 mt of
the original 56,888 mt tribal allocation.
This reapportionment was based on
conversations with the tribes and the
best information available at the time,
which indicated that this amount would
not limit tribal harvest opportunities for
the remainder of the year.
NMFS believes this rule will not
adversely affect small entities. There are
no significant alternatives to the action
in this final rule that accomplish the
stated objectives of applicable statutes
and the treaties with the affected tribes
that minimize any of the significant
economic impact of the final rule on
small entities.
The RFA can be found at https://
www.archives.gov/federal-register/laws/
regulatory-flexibility/. The NMFS
Economic Guidelines that describe the
RFA and EO 12866 can be found at
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https://www.nmfs.noaa.gov/sfa/domes_
fish/EconomicGuidelines.pdf.
There are no reporting or
recordkeeping requirements associated
with this final rule. No Federal rules
have been identified that duplicate,
overlap, or conflict with this action.
NMFS issued Biological Opinions
under the Endangered Species Act
(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
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 is 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 FMP is not likely
to jeopardize the continued existence of
any of the affected Evolutionarily
Significant Units (ESUs). Lower
Columbia River coho (70 FR 37160, June
28, 2005) and Oregon Coastal coho (73
FR 7816, February 11, 2008) were
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.
NMFS has reinitiated section 7
consultation on the Pacific Coast
Groundfish FMP with respect to its
effects on listed salmonids. In the event
the consultation identifies either
reasonable and prudent alternatives to
PO 00000
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Fmt 4700
Sfmt 4700
30207
address jeopardy concerns, or
reasonable and prudent measures to
minimize incidental take, NMFS would
coordinate with the Council to put
additional alternatives or measures into
place, as required. After reviewing the
available information, NMFS has
concluded that, consistent with sections
7(a)(2) and 7(d) of the ESA, this action
will not jeopardize any listed salmonid
species, would not adversely modify
any designated critical habitat, and will
not result in any irreversible or
irretrievable commitment of resources
that would have the effect of foreclosing
the formulation or implementation of
any reasonable and prudent alternative
measures.
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, the southern distinct
population segment (DPS) of green
sturgeon, humpback whales, the eastern
DPS of Steller sea lions, and leatherback
sea turtles. The opinion also concluded
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. Since that biological opinion,
the eastern DPS of Steller sea lions was
delisted on November 4, 2013 (78 FR
66140); however, this delisting did not
change the designation of the codified
critical habitat for the eastern DPS of
Steller sea lions. On January 21, 2013,
NMFS evaluated the fishery’s effects on
eulachon to consider whether the 2012
opinion should be reconsidered in light
of new information from the 2011
fishery and the proposed chafing gear
modifications. NMFS determined that
information about bycatch of eulachon
in 2011 and chafing gear regulations did
not change the effects that were
analyzed in the December 7, 2012,
biological opinion, or provide any other
basis to reinitiate consultation. At the
Pacific Fishery Management Council’s
June 2015 meeting, new estimates of
eulachon take from fishing activity
under the FMP indicated that the
incidental take threshold in the 2012
biological opinion was exceeded again
in 2013. The increased bycatch may be
due to increased eulachon abundance.
In light of the new fishery and
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abundance information, NMFS has
reinitiated consultation on eulachon. In
the event the consultation identifies
either reasonable and prudent
alternatives to address jeopardy
concerns, or reasonable and prudent
measures to minimize incidental take,
NMFS would coordinate with the
Council to put additional alternatives or
measures into place, as required. After
reviewing the available information,
NMFS concluded that, consistent with
sections 7(a)(2) and 7(d) of the ESA, this
action will not jeopardize any listed
species, would not adversely modify
any designated critical habitat, and will
not result in any irreversible or
irretrievable commitment of resources
that would have the effect of foreclosing
the formulation or implementation of
any reasonable and prudent alternative
measures.
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 shorttailed 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.
The 2012–2013 two-year average of
short-tailed albatross take in the
groundfish fishery, using expanded
annual estimates of black-footed
albatross as a proxy, ranged from 1.35 to
2.0 for the lower short-tailed albatross
population estimate to 1.45 to 2.15 for
the higher population estimates, which
exceeded the 2 per 2-year period
identified in the incidental take
statement in the biological opinion. This
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14:36 May 13, 2016
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led NMFS to reinitiate ESA Section 7
consultation on take of this species in
the Pacific Coast Groundfish Fishery.
Take of short-tailed albatross has not
been observed in the whiting fishery,
which is a midwater trawl fishery. After
reviewing the available information,
NMFS has concluded that, consistent
with sections 7(a)(2) and 7(d) of the
ESA, this action will not jeopardize
listed short-tailed albatross, would not
adversely modify any designated critical
habitat, and will not result in any
irreversible or irretrievable commitment
of resources that would have the effect
of foreclosing the formulation or
implementation of any reasonable and
prudent alternative measures. In the
event the consultation identifies either
reasonable and prudent alternatives to
address jeopardy concerns, or
reasonable and prudent measures to
minimize incidental take, NMFS would
coordinate with the Council to put
additional alternatives or measures into
place, as required.
In accordance with the National
Environmental Policy Act (NEPA),
NMFS prepared a final environmental
impact statement (FEIS) regarding
Harvest Specifications and Management
Measures for 2015–2016 and Biennial
Periods Thereafter in the Pacific Coast
Groundfish Fishery. In that FEIS, the
effects of the Pacific whiting fishery
were considered using a range of
potential harvest levels, the highest of
which considered was 408,260 mt,
above the harvest level set in this rule.
Pursuant to Executive Order 13175,
this final rule was developed after
meaningful collaboration with tribal
officials from the area covered by the
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Fmt 4700
Sfmt 4700
FMP. Consistent with the MagnusonStevens 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
final rule.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian Fisheries.
Dated: May 9, 2016.
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 amended
as follows:
PART 660—FISHERIES OFF WEST
COAST STATES
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.
2. In § 660.50, revise paragraph (f)(4)
to read as follows:
■
§ 660.50 Pacific Coast treaty Indian
fisheries.
*
*
*
*
*
(f) * * *
(4) Pacific whiting. The tribal
allocation for 2016 is 64,322 mt.
*
*
*
*
*
■ 3. Tables 2a and 2b to part 660,
subpart C, are revised to read as follows:
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30209
Table 2a to Part 660, Subpart C - 2016, and Beyond, Specifications of OFL, ABC, ACL,
ACT and Fishery Harvest Guidelines (weights in metric tons)
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v
VerDate Sep<11>2014
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Jkt 238001
PO 00000
Frm 00053
Fmt 4700
1,351
729
68
580
850
3,044
52
6,396
1,183
423
158
49
117
1,694
59,221
7,890
2,891
1,136
2,405
4,763
NA
NA
3,200
830,124
8,526
NA
NA
6,950
3,169
NA
NA
2,503
1,826
1,847
3,990
6,949
88
2,218
1,844
1,288
1,919
814
9,645
291
Sfmt 4725
ABC
1,291
697
62
554
813
2,910
43
5,328
1,131
404
151
47
111
1,619
56,615
7,204
2,719
946
2,299
3,968
NA
NA
2,221
xi
7,784
NA
NA
5,789
2,640
NA
NA
2,085
1,746
1,539
3,790
6,344
77
1,953
1,706
1,148
1,626
705
7,243
243
ACLa/
362
125
10
346
164
2,910
19
5,328
1,000
404
151
47
111
1,619
50,000
7,204
2,719
946
2,000
NA
3,015
952
1,600
xi
NA
5,241
1,880
500
NA
E:\FR\FM\16MYR1.SGM
1,726
913
2,085
1,746
1,539
2,000
6,344
69
1,952
1,706
1,006
1,625
695
7,243
243
16MYR1
Fishery HG b/
354
110
8
325
149
2,673
13
3,241
999
390
151
47
109
1,595
48,406
6,991
2,441
937
1,927
NA
2,969
949
1,091
301,731
NA
See Table 2c
1,875
498
NA
1,667
871
1,747
1,736
1,529
1,880
5,314
69
1,880
1,642
1,002
1,576
675
7,039
243
ER16MY16.001
OFL
BOCACCIO S. of 40°10' N. lat. c/
CANARY ROCKFISH d/
COWCOD S. of 40°10' N. lat. e/
DARKBLOTCHED ROCKFISH fi'
PACIFIC OCEAN PERCH g/
PETRALE SOLE hi
YELLOWEYE ROCKFISH if
Arrowtooth flounder Y
Black rockfish (OR-CA) k/
Black rockfish (WA)
Cabezon (CA) ml
Cabezon (OR) nl
California scorpionfish o/
Chilipepper S. of 40°10' N. lat. p/
Dover sole q/
English sole r/
Lingcod N. of 40°10' N. lat. sf
Lingcod S. of 40°10' N. lat. tl
Longnose skate u/
Longspine thomyhead (coastwide) v/
Longs pine thomyhead N. of 34°27' N. lat.
Longspine thomyhead S. of34°27' N. lat.
Pacific Cod w/
Pacific whiting xi
Sable fiSh (coastwide)
Sable fiSh N. of 36° N. lat. y/
SablefiSh S. of36° N. lat. zJ
Shortbelly a a/
Shortspine thomyhead (coastwide) bb/
Shorts pine thomyhead N. of 34°27' N. lat.
Shortspine thomyhead S. of34°27' N. lat.
Spiny dogfiSh cc/
Splitnose S. of 40°10' N. lat. dd/
Starry flounder eel
Widow rockfiSh ffi'
YellowtailN. of40°10' N.lat. gg/
Minor Nearshore RockfiSh N. of 40°10' N. lat. hh/
Minor Shelf RockfiSh N. of 40°10' N. lat. iii
Minor Slope RockfiSh N. of 40°10' N. lat. jj/
Minor Nearshore RockfiSh S. of 40°10' N. lat. kk/
Minor Shelf RockfiSh S. of 40°10' N. lat. 111
Minor Slope RockfiSh S. of 40°10' N. lat. mml
Other FlatfiSh nn!
Other Fish oo/
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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 nongroundfish fisheries, and deductions for EFPs
from the ACL or ACT.
c/ Bocaccio. A bocaccio stock assessment
update was conducted in 2013 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°10′ N. lat. and
within the Minor Shelf Rockfish complex
north of 40°10 N. lat. A historical catch
distribution of approximately 6 percent was
used to apportion the assessed stock to the
area north of 40°10′ N. lat. The bocaccio
stock was estimated to be at 31.4 percent of
its unfished biomass in 2013. The OFL of
1,351 mt is projected in the 2013 stock
assessment using an FMSY proxy of F50%. The
ABC of 1,291 mt is a 4.4 percent reduction
from the OFL (s=0.36/P*=0.45) as it’s a
category 1 stock. The 362 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. 8.3 mt is deducted from
the ACL to accommodate the incidental open
access fishery (0.7 mt), EFP catch (3.0 mt)
and research catch (4.6 mt), resulting in a
fishery HG of 353.7 mt. The California
recreational fishery has an HG of 185.6 mt.
d/ Canary rockfish. A canary rockfish stock
assessment update was conducted in 2011
and the stock was estimated to be at 23.2
percent of its unfished biomass coastwide in
2011. The coastwide OFL of 729 mt is
projected in the 2011 rebuilding analysis
using an FMSY proxy of F50%. The ABC of 697
mt is a 4.4 percent reduction from the OFL
(s=0.36/P*=0.45) as it’s a category 1 stock.
The ACL of 125 mt is based on the current
rebuilding plan with a target year to rebuild
of 2030 and an SPR harvest rate of 88.7
percent. 15.2 mt is deducted from the ACL
to accommodate the Tribal fishery (7.7 mt),
the incidental open access fishery (2 mt), EFP
catch (1.0 mt) and research catch (4.5 mt)
resulting in a fishery HG of 109.8 mt.
Recreational HGs are: 3.5 mt (Washington);
12.0 mt (Oregon); and 25.0 mt (California).
e/ Cowcod. A stock assessment for the
Conception Area was conducted in 2013 and
the stock was estimated to be 33.9 percent of
its unfished biomass in 2013. The
Conception Area OFL of 56.4 mt is projected
in the 2013 rebuilding analysis using an FMSY
proxy of F50%. The OFL of 12.0 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°10′ N. lat.
OFL of 68.4 mt. The ABC for the area south
of 40°10′ N. lat. is 61.5 mt. The assessed
portion of the stock in the Conception Area
is considered category 2, with a Conception
Area contribution to the ABC of 51.5 mt,
which is an 8.7 percent reduction from the
Conception area OFL (s=0.72/P*=0.45). The
unassessed portion of the stock in the
Monterey area is considered a category 3
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14:36 May 13, 2016
Jkt 238001
stock, with a contribution to the ABC of 10.0
mt, which is a 17 percent reduction from the
Monterey area OFL (s=1.44/P*=0.45). A
single ACL of 10.0 mt is being set for both
areas combined. The ACL of 10.0 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. 2.0 mt is deducted from the ACL to
accommodate EFP fishing (less than 0.02 mt)
and research activity (2.0 mt), resulting in a
fishery HG of 8.0 mt. Any additional
mortality in research activities will be
deducted from the ACL. A single ACT of 4.0
mt is being set for both areas combined.
f/ Darkblotched rockfish. A 2013 stock
assessment estimated the stock to be at 36
percent of its unfished biomass in 2013. The
OFL of 580 mt is projected in the 2013 stock
assessment using an FMSY proxy of F50%.The
ABC of 554 mt is a 4.4 percent reduction
from the OFL (s=0.36/P*=0.45) as it’s a
category 1 stock. The ACL of 346 mt is based
on the current rebuilding plan with a target
year to rebuild of 2025 and an SPR harvest
rate of 64.9 percent. 20.8 mt is deducted from
the ACL to accommodate the Tribal fishery
(0.2 mt), the incidental open access fishery
(18.4 mt), EFP catch (0.1 mt) and research
catch (2.1 mt), resulting in a fishery HG of
325.2 mt.
g/ 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 850 mt for the
area north of 40°10′ N. lat. is projected in the
2011 rebuilding analysis using an F50% FMSY
proxy. The ABC of 813 mt is a 4.4 percent
reduction from the OFL (s=0.36/P*=0.45) as
it’s a category 1 stock. The ACL of 164 mt
is based on the current rebuilding plan with
a target year to rebuild of 2051 and an SPR
harvest rate of 86.4 percent. 15 mt is
deducted from the ACL to accommodate the
Tribal fishery (9.2 mt), the incidental open
access fishery (0.6 mt), and research catch
(5.2 mt), resulting in a fishery HG of 149.0
mt.
h/ Petrale sole. A 2013 stock assessment
estimated the stock to be at 22.3 percent of
its unfished biomass in 2013. The OFL of
3,044 mt is projected in the 2013 assessment
using an F30% FMSY proxy. The ABC of
2,910 mt is a 4.4 percent reduction from the
OFL (s=0.36/P*=0.45) as it’s a category 1
stock. The ACL is based on the 25–5 harvest
control rule specified in the current
rebuilding plan; since the stock is projected
to be rebuilt at the start of 2014, the ACL is
set equal to the ABC. 236.6 mt is deducted
from the ACL to accommodate the Tribal
fishery (220 mt), the incidental open access
fishery (2.4 mt), and research catch (14.2 mt),
resulting in a fishery HG of 2,673.4 mt.
i/ 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 52 mt
coastwide OFL was projected in the 2011
rebuilding analysis using an FMSY proxy of
F50%. The ABC of 43 mt is a 16.77 percent
reduction from the OFL (s=0.72/P*=0.40) as
it’s a category 2 stock. The 19 mt ACL is
based on the current rebuilding plan with a
target year to rebuild of 2074 and an SPR
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Fmt 4700
Sfmt 4700
harvest rate of 76.0 percent. 5.8 mt is
deducted from the ACL to accommodate the
Tribal fishery (2.3 mt), the incidental open
access fishery (0.2 mt), EFP catch (0.03 mt)
and research catch (3.3 mt) resulting in a
fishery HG of 13.2 mt. Recreational HGs are
being established: 3.1 mt (Washington); 2.8
mt (Oregon); and 3.7 mt (California).
j/ 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 6,396
mt is derived from the 2007 assessment using
an F30% FMSY proxy. The ABC of 5,328 mt is
a 16.7 percent reduction from the OFL
(s=0.72/P*=0.40) as it’s a category 2 stock.
The ACL is set equal to the ABC because the
stock is above its target biomass of B25%.
2,087 mt is deducted from the ACL to
accommodate the Tribal fishery (2,041 mt),
the incidental open access fishery (30 mt),
and research catch (16.4 mt), resulting in a
fishery HG of 3,241 mt.
k/ Black rockfish south (Oregon and
California). A stock assessment was
conducted for black rockfish south of 45°46′
N. lat. (Cape Falcon, Oregon) to Central
California (i.e., the southern-most extent of
black rockfish, Love et al. 2002) in 2007. The
biomass in the south was estimated to be at
70 percent of its unfished biomass in 2007.
The OFL from the assessed area is derived
from the 2007 assessment using an FMSY
harvest rate proxy of F50% plus 3 percent of
the OFL from the stock assessment
conducted for black rockfish north of 45°46′
N. lat., to cover the portion of the stock
occurring off Oregon north of Cape Falcon
(the 3% adjustment is based on historical
catch distribution). The resulting OFL for the
area south of 46°16′ N. lat. is 1,183 mt. The
ABC of 1,131 mt is a 4.4 percent reduction
from the OFL (s=0.36/P*=0.45) as it’s a
category 1 stock. The 2016 ACL is 1,000 mt,
which maintains the constant catch strategy
designed to keep the stock above its target
biomass of B40%. 1 mt is deducted from the
ACL to accommodate EFP catch, resulting in
a fishery HG of 999 mt. The black rockfish
ACL, in the area south of 46°16′ N. lat.
(Columbia River), is subdivided with
separate HGs for waters off Oregon (579 mt/
58 percent) and for waters off California (420
mt/42 percent).
l/ Black rockfish north (Washington). A
stock assessment was conducted for black
rockfish north of 45°46′ N. lat. (Cape Falcon,
Oregon) in 2007. The biomass in the north
was estimated to be at 53 percent of its
unfished biomass in 2007. The OFL from the
assessed area is derived from the 2007
assessment using an FMSY harvest rate proxy
of F50%. The resulting OFL for the area north
of 46°16′ N. lat. is 423 mt and is 97 percent
of the OFL from the assessed area based on
the area distribution of historical catch. The
ABC of 404 mt for the north is a 4.4 percent
reduction from the OFL (s=0.36/P*=0.45) as
it’s a category 1 stock. The ACL is set equal
to the ABC since the stock is above its target
biomass of B40%. 14 mt is deducted from the
ACL to accommodate the Tribal fishery,
resulting in a fishery HG of 390 mt.
m/ Cabezon (California). A cabezon stock
assessment was conducted in 2009. The
cabezon spawning biomass in waters off
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California was estimated to be at 48.3 percent
of its unfished biomass in 2009. The OFL of
158 mt is calculated using an FMSY proxy of
F45%. The ABC of 151 mt is based on a 4.4
percent reduction from the OFL (s=0.36/
P*=0.45) as it’s a category 1 stock. 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 equal to the ACL of 151 mt.
n/ 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 F45%.
The ABC of 47 mt is based on a 4.4 percent
reduction from the OFL (s=0.36/P*=0.45) as
it’s 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.
o/ California scorpionfish was assessed in
2005 and was estimated to be at 79.8 percent
of its unfished biomass in 2005. The OFL of
117 mt is projected in the 2005 assessment
using an FMSY harvest rate proxy of F50%. The
ABC of 111 mt is a 4.4 percent reduction
from the OFL (s=0.36/P*=0.45) as it’s a
category 1 stock. The ACL is set equal to the
ABC because the stock is above its target
biomass of B40%. 2 mt is deducted from the
ACL to accommodate the incidental open
access fishery, resulting in a fishery HG of
109 mt.
p/ Chilipepper. The coastwide chilipepper
stock was assessed in 2007 and estimated to
be at 70 percent of its unfished biomass in
2006. Chilipepper are managed with stockspecific harvest specifications south of 40°10
N. lat. and within the Minor Shelf Rockfish
complex north of 40°10′ N. lat. Projected
OFLs are stratified north and south of 40°10′
N. lat. based on the average 1998–2008
assessed area catch, which is 93 percent for
the area south of 40°10′ N. lat. and 7 percent
for the area north of 40°10′ N. lat. The OFL
of 1,694 mt for the area south of 40°10′ N.
lat. is projected in the 2007 assessment using
an FMSY proxy of F50%. The ABC of 1,619 mt
is a 4.4 percent reduction from the OFL
(s=0.36/P*=0.45) as it’s a category 1 stock.
The ACL is set equal to the ABC because the
stock is above its target biomass of B40%. 24
mt is deducted from the ACL to
accommodate the incidental open access
fishery (5 mt), EFP fishing (10 mt), and
research catch (9 mt), resulting in a fishery
HG of 1,595 mt.
q/ 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 59,221 mt is projected in the 2011
stock assessment using an FMSY proxy of
F30%. The ABC of 56,615 mt is a 4.4 percent
reduction from the OFL (s=0.36/P*=0.45) as
it’s 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. 1,594 mt is deducted from the
ACL to accommodate the Tribal fishery
(1,497 mt), the incidental open access fishery
(55 mt), and research catch (41.9 mt),
resulting in a fishery HG of 48,406 mt.
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r/ 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 7,890 mt is projected in the
2013 assessment using an FMSY proxy of
F30%. The ABC of 7,204 mt is an 8.7 percent
reduction from the OFL (s=0.72/P*=0.45) as
it is a category 2 stock. The ACL could be set
equal to the ABC because the stock is above
its target biomass of B25%. 213 mt is deducted
from the ACL to accommodate the Tribal
fishery (200 mt), the incidental open access
fishery (7 mt) and research catch (5.8 mt),
resulting in a fishery HG of 6,991 mt.
s/ Lingcod north. A lingcod stock
assessment was conducted in 2009. The
lingcod spawning biomass off Washington
and Oregon was estimated to be at 62 percent
of its unfished biomass in 2009. The OFL for
Washington and Oregon of 1,842 mt is
calculated using an FMSY proxy of F45%. The
OFL is re-apportioned by adding 48% of the
OFL from California, resulting in an OFL of
2,891 mt for the area north of 40°10′ N. lat.
The ABC of 2,719 mt is based on a 4.4
percent reduction from the OFL (s=0.36/
P*=0.45) for the area north of 42° N. lat. as
it’s a category 1 stock, and an 8.7 percent
reduction from the OFL (s=0.72/P*=0.45) for
the area between 42° N. lat. and 40°10′ N.
lat., as it’s a category 2 stock. The ACL is set
equal to the ABC since the stock is above its
target biomass of B40%. 278 mt is deducted
from the ACL to accommodate 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 2,441 mt.
t/ Lingcod south. A lingcod stock
assessment was conducted in 2009. The
lingcod spawning biomass off California was
estimated to be at 74 percent of its unfished
biomass in 2009. The OFL for California of
2,185 mt is projected in the assessment using
an FMSY proxy of F45%. The OFL is reapportioned by subtracting 48% of the OFL,
resulting in an OFL of 1,136 mt for the area
south of 40°10′ N. lat. The ABC of 946 mt is
based on a 16.7 percent reduction from the
OFL (s=0.72/P*=0.40) as it’s a category 2
stock. The ACL is set equal to the ABC since
the stock is above its target biomass of B40%.
9 mt is deducted from the ACL to
accommodate the incidental open access
fishery (7 mt), EFP fishing (1 mt), and
research catch (1.1 mt), resulting in a fishery
HG of 937 mt.
u/ 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 2,405 mt is derived
from the 2007 stock assessment using an
FMSY proxy of F50%. The ABC of 2,299 mt is
a 4.4 percent reduction from the OFL
(s=0.36/P*=0.45) as it’s 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. 73 mt is deducted from
the ACL to accommodate the Tribal fishery
(56 mt), incidental open access fishery (3.8
mt), and research catch (13.2 mt), resulting in
a fishery HG of 1,927 mt.
v/ Longspine thornyhead. A 2013
longspine thornyhead coastwide stock
assessment estimated the stock to be at 75
percent of its unfished biomass in 2013. A
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coastwide OFL of 4,763 mt is projected in the
2013 stock assessment using an F50% FMSY
proxy. The ABC of 3,968 mt is a 16.7 percent
reduction from the OFL (s=0.72/P*=0.40) as
it’s a category 2 stock. For the portion of the
stock that is north of 34°27′ N. lat., the ACL
is 3,015 mt, and is 76 percent of the
coastwide ABC based on the average sweptarea biomass estimates (2003–2012) from the
NMFS NWFSC trawl survey. 46 mt is
deducted from the ACL to accommodate the
Tribal fishery (30 mt), the incidental open
access fishery (3 mt), and research catch (13.5
mt) resulting in a fishery HG of 2,969 mt. For
that portion of the stock south of 34°27′ N.
lat. the ACL is 952 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 mt
is deducted from the ACL to accommodate
the incidental open access fishery (2 mt), and
research catch (1 mt) resulting in a fishery
HG of 949 mt.
w/ 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 (s=1.44/P*=0.40) as
it’s 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 (2.0
mt), resulting in a fishery HG of 1,091 mt.
x/ Pacific whiting. The coastwide stock
assessment was published in 2016 and
estimated the spawning stock to be at 76
percent of its unfished biomass. The 2016
OFL of 830,124 mt is based on the 2016
assessment with an F40% FMSY proxy. The
2016 coastwide, unadjusted Total Allowable
Catch (TAC) of 439,995 mt is based on the
2016 stock assessment. The U.S. TAC is
73.88 percent of the coastwide unadjusted
TAC. Up to 15 percent of each party’s
unadjusted 2015 TAC (42,485 mt for the U.S.
and 15,020 mt for Canada) is added to each
party’s 2016 unadjusted TAC, resulting in a
U.S. adjusted 2016 TAC of 367,553 mt. From
the adjusted U.S. TAC, 64,322 mt is deducted
to accommodate the Tribal fishery, and 1,500
mt is deducted to accommodate research and
bycatch in other fisheries, resulting in a
fishery HG of 301,731 mt. The TAC for
Pacific whiting is established under the
provisions of the Agreement with Canada on
Pacific Hake/Whiting and the Pacific Whiting
Act of 2006, 16 U.S.C. 7001–7010, and the
international exception applies. Therefore,
no ABC or ACL values are provided for
Pacific whiting.
y/ Sablefish north. A coastwide sablefish
stock assessment was conducted in 2011. The
coastwide sablefish biomass was estimated to
be at 33 percent of its unfished biomass in
2011. The coastwide OFL of 8,526 mt is
projected in the 2011 stock assessment using
an FMSY proxy of F45%. The ABC of 7,784 mt
is an 8.7 percent reduction from the OFL
(s=0.36/P*=0.40). The 40–10 adjustment was
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° N. lat., using the 2003–2010
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average estimated swept area biomass from
the NMFS NWFSC trawl survey, with 73.6
percent apportioned north of 36° N. lat. and
26.4 percent apportioned south of 36° N. lat.
The northern ACL is 5,241 mt and is reduced
by 524 mt for the tribal allocation (10 percent
of the ACL north of 36° N. lat.). The 524 mt
Tribal allocation is reduced by 1.6 percent to
account for discard mortality. Detailed
sablefish allocations are shown in Table 2c.
z/ Sablefish south. The ACL for the area
south of 36° N. lat. is 1,880 mt (26.4 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 1,875 mt.
aa/ 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 (s=0.72/P*=0.40) as it’s
a category 2 stock. The 500 mt ACL is set to
accommodate for 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. 2 mt is deducted from the ACL to
accommodate research catch, resulting in a
fishery HG of 498 mt.
bb/ 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 3,169 mt is projected in the
2013 stock assessment using an F50% FMSY
proxy. The coastwide ABC of 2,640 mt is a
16.7 percent reduction from the OFL (s=0.72/
P*=0.40) as it’s a category 2 stock. For the
portion of the stock that is north of 34°27′ N.
lat., the ACL is 1,726 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 (2 mt), and
research catch (7 mt) resulting in a fishery
HG of 1,667 mt for the area north of 34°27′
N. lat. For that portion of the stock south of
34°27′ N. lat. the ACL is 913 mt. The
southern ACL is 35.6 percent of the
coastwide ABC based on the average sweptarea biomass estimates (2003–2012) from the
NMFS NWFSC trawl survey. 42 mt is
deducted from the ACL to accommodate the
incidental open access fishery (41 mt) and
research catch (1 mt), resulting in a fishery
HG of 871 mt for the area south of 34°27′ N.
lat.
cc/ 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 2,503 mt is derived from the 2011
assessment using an FMSY proxy of F50%. The
coastwide ABC of 2,085 mt is a 16.7 percent
reduction from the OFL (s=0.72/P*=0.40) as
it’s 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
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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 1,747 mt.
dd/ Splitnose rockfish. A splitnose rockfish
coastwide 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 speciesspecific harvest specifications south of 40°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°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°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 1,826 mt results from the apportionment
described above. The southern ABC of 1,746
mt is a 4.4 percent reduction from the
southern OFL (s=0.36/P*=0.45) as it’s 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%. 110.5 mt is
deducted from the ACL to accommodate
research catch (9 mt) and EFP catch (1.5 mt),
resulting in a fishery HG of 1,736 mt.
ee/ 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 derived from the 2005 assessment
using an FMSY proxy of F30%. The ABC of
1,539 mt is a 16.7 percent reduction from the
OFL (s=0.72/P*=0.40) as it’s a category 2
stock. The ACL is set equal to the ABC
because the stock is estimated to be above its
target biomass of B25%. 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
1,529 mt.
ff/ Widow rockfish. The widow rockfish
stock was assessed in 2011 and was
estimated to be at 51.1 percent of its unfished
biomass in 2011. The OFL of 3,990 mt is
projected in the 2011 stock assessment using
an F50% FMSY proxy. The ABC of 3,790 mt is
a 5 percent reduction from the OFL (s=0.41/
P*=0.45). A unique sigma of 0.41 was
calculated for widow rockfish since the
variance in estimated biomass was greater
than the 0.36 used as a proxy for other
category 1 stocks. The ACL could be set equal
to the ABC because the stock is above its
target biomass of B40%. However, the ACL of
2,000 mt is less than the ABC due to high
uncertainty in estimated biomass, yet this
level of allowable harvest will allow access
to healthy co-occurring species, such as
yellowtail rockfish. 120.2 mt is deducted
from the ACL to accommodate the Tribal
fishery (100 mt), the incidental open access
fishery (3.3 mt), EFP catch (9 mt), and
research catch (7.9 mt), resulting in a fishery
HG of 1,880 mt.
gg/ Yellowtail rockfish. A 2013 yellowtail
rockfish stock assessment was conducted for
the portion of the population north of 40°10′
N. lat. The estimated stock depletion is 69
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percent of its unfished biomass in 2013. The
OFL of 6,949 mt is projected in the 2013
stock assessment using an FMSY proxy of
F50%. The ABC of 6,344 mt is an 8.7 percent
reduction from the OFL (s=0.72/P*=0.45) as
it is a category 2 stock. The ACL is set equal
to the ABC because the stock is above its
target biomass of B40%. 1,029.6 mt is
deducted from the ACL to accommodate the
Tribal fishery (1,000 mt), the incidental open
access fishery (3 mt), EFP catch (10 mt) and
research catch (16.6 mt), resulting in a fishery
HG of 5,314 mt.
hh/ Minor Nearshore Rockfish north. The
OFL for Minor Nearshore Rockfish north of
40°10′ N. lat. of 88 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 (i.e.,
blue 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 77 mt is the summed contribution of the
ABCs for the component species. The ACL of
69 mt is the sum of contributing ABCs of
healthy assessed stocks and unassessed
stocks, plus the ACL contributions for blue
rockfish in California 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.
No deductions are made to the ACL, thus the
fishery HG is equal to the ACL, which is 69
mt. Between 40°10′ N. lat. and 42° N. lat. the
Minor Nearshore Rockfish complex north has
a harvest guideline of 23.7 mt. Blue rockfish
south of 42° N. lat. has a species-specific HG,
described in footnote kk/.
ii/ Minor Shelf Rockfish north. The OFL for
Minor Shelf Rockfish north of 40°10′ N. lat.
of 2,218 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 0.72 for category 2 stocks (i.e.,
greenspotted rockfish between 40°10′ and 42°
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 1,953
mt is the summed contribution of the ABCs
for the component species. The ACL of 1,952
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. 72 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
(13.4 mt), resulting in a fishery HG of 1,880
mt.
jj/ Minor Slope Rockfish north. The OFL
for Minor Slope Rockfish north of 40°10′ N.
lat. of 1,844 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 other category 1
stocks (i.e., splitnose rockfish), a sigma value
of 0.72 for category 2 stocks (i.e., rougheye
rockfish, blackspotted rockfish and sharpchin
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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 since 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 1,706 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 are above the target biomass of B40%.
64 mt is deducted from the ACL to
accommodate the Tribal fishery (36 mt), the
incidental open access fishery (19 mt), EFP
catch (1 mt), and research catch (8.1 mt),
resulting in a fishery HG of 1,642 mt.
kk/ Minor Nearshore Rockfish south. The
OFL for the Minor Nearshore Rockfish
complex south of 40°10′ N. lat. of 1,288 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 0.36 for category 1 stocks (i.e., gopher
rockfish north of 34°27′ N. lat.), a sigma value
of 0.72 for category 2 stocks (i.e., blue
rockfish north of 34°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 1,148 mt is the summed
contribution of the ABCs for the component
species. The ACL of 1,006 mt is the sum of
the contributing ABCs of healthy assessed
stocks and unassessed stocks, plus the ACL
contribution for blue rockfish north of 34°27′
N. lat. where the 40–10 adjustment was
applied to the ABC contribution for this stock
because it is in the precautionary zone. 4 mt
is deducted from the ACL to accommodate
the incidental open access fishery (1.4 mt)
and research catch (2.6 mt), resulting in a
fishery HG of 1,002 mt. Blue rockfish south
of 42° N. lat. has a species-specific HG set
equal to the 40–10-adjusted ACL for the
portion of the stock north of 34°27′ N lat.
(137.5) plus the ABC contribution for the
unassessed portion of the stock south of
34°27′ N. lat. (60.8 mt). The California (i.e.
south of 42° N. lat.) blue rockfish HG is 198.3
mt.
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ll/ Minor Shelf Rockfish south. The OFL for
the Minor Shelf Rockfish complex south of
40°10′ N. lat. of 1,919 mt is the sum of the
OFL contributions for the component species
within the complex. The ABCs for the
southern Minor Shelf Rockfish complex is
based on a sigma value of 0.72 for category
2 stocks (i.e., 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 1,626 mt is the
summed contribution of the ABCs for the
component species. The ACL of 1,625 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. 49 mt is deducted from
the ACL to accommodate the incidental open
access fishery (9 mt), EFP catch (30 mt), and
research catch (9.6 mt), resulting in a fishery
HG of 1,576 mt.
mm/ Minor Slope Rockfish south. The OFL
of 814 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 (i.e.,
blackgill rockfish, rougheye rockfish,
blackspotted rockfish, 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 since the variance in estimated
biomass was greater than the 0.36 used as a
proxy for other category 1 stocks. The
resulting ABC of 705 mt is the summed
contribution of the ABCs for the component
species. The ACL of 695 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 mt is deducted from
the ACL to accommodate the incidental open
access fishery (17 mt), EFP catch (1 mt), and
research catch (2 mt), resulting in a fishery
PO 00000
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Fmt 4700
Sfmt 4700
30213
HG of 675 mt. Blackgill rockfish has a
species-specific HG set equal to the species’
contribution to the 40–10-adjusted ACL. The
blackgill rockfish HG is 117 mt.
nn/ Other Flatfish. The Other Flatfish
complex is comprised of flatfish species
managed in the PCGFMP that are not
managed with species-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 (assessed in 2013, but
the assessment results were too uncertain to
inform harvest specifications), rock sole,
sand sole, and rex sole (assessed in 2013).
The Other Flatfish OFL of 9,645 mt is based
on the sum of the OFL contributions of the
component stocks. The ABC of 7,243 mt is
based on a sigma value of 0.72 for category
2 stocks (i.e., 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 since 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 7,039 mt.
oo/ Other Fish. The Other Fish complex is
comprised of kelp greenling coastwide,
cabezon off Washington, and leopard shark
coastwide. These species are unassessed. The
OFL of 291 mt is the sum of the OFL
contributions for kelp greenling off California
(the SSC has not approved methods for
calculating the OFL contributions for kelp
greenling off Oregon and Washington),
cabezon off Washington, and leopard shark
coastwide. The ABC of 243 mt is the sum of
ABC contributions for kelp greenling off
California, cabezon off Washington and
leopard shark coastwide calculated by
applying a P* of 0.45 and a sigma of 1.44 to
the OFL contributions for those stocks. The
ACL is set equal to the ABC. There are no
deductions from the ACL so the fishery HG
is equal to the ACL of 243 mt.
BILLING CODE 3510–22–P
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30214
Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations
Table 2b. to Part 660, Subpart C - 2016, and Beyond, Allocations by Species or Species
Group (weight in metric tons)
Species
BOCACCIO
a/
CANARY ROCKFISH
a/ b/
COWCOD
a/ c/
DARKBLOTCHED ROCKFISH
d/
PETRALE SOLE
a/
PACIFIC OCEAN PERCH
e/
YELLOWEYE ROCKFISH
a/
Arrowtooth flounder
Chilipepper
Dover sole
English sole
Lingcod
Lingcod
Longnose skate
a/
Long spine thorny head
Pacific cod
Pacific whiting
Sable fish
Sable fish
Shorts pine thorny head
Shorts pine thorny head
Splitnose
Starry flounder
Widow rockfish
f/
Yellowtail rockfish
Minor Shelf Rockfish complex
Minor Shelf Rockfish complex
Minor Slope Rockfish complex
Minor Slope Rockfish complex
Other Flatfish complex
Area
a/
a/
s of 40°10'
Coastwide
s of 40°10'
Coastwide
Coastwide
N of 40°10'
Coastwide
Coastwide
s of 40°10'
Coastwide
Coastwide
N of 40'10°
s of 40'10°
Coastwide
N of 34°27'
Coastwide
Coastwide
N of 36° N.
s of 36° N.
N of 34°27'
s of 34°27'
s of 40°10'
Coastwide
Coastwide
N of 40°10'
N of 40°10'
s of 40°10'
N of 40°10'
s of 40°10'
Coastwide
N. lat.
353.7
109.8
4 0
325.2
2,673.4
149.0
13.2
3,241
1,595
48,406
6,991
2,441
937
1,927
2,969
1,091
301,731
0
1,875
1,667
871
1,736
1,529
1,880
5,314
1,880
1,576
1,642
675
7,039
N. lat.
0
N. lat.
N. lat.
N. lat.
N. lat.
N. lat.
lat.
lat.
N. lat.
N. lat.
N. lat.
N.
N.
N.
N.
N.
N/A
N/A
N/A
95%
N/A
95%
N/A
95%
75%
95%
95%
45%
45%
90%
95%
95%
100%
lat.
lat.
lat.
lat.
lat.
42%
95%
NA
95%
50%
91%
88%
60.2%
12.2%
81%
63%
90%
N/A
85.0
N/A
58.5
1.4
N/A
308.9
5%
2, 638.4
N/A
141.6
5%
1.1
N/A
3,079
5%
1,196
25%
45,986
5%
6,642
5%
1, 098
55%
422
55%
1,734
10%
2,820
5%
1,036
5%
301,731
0%
See Table 1 c
788
58%
1,583
5%
50
NA
1,649
5%
764
50%
1, 711
9%
4, 677
12%
1,132
39.8%
192
87.8%
1,330
19%
425
37%
6,335
10%
268 7
51.3
2.6
16.3
35.0
7.5
12.1
162
399
2,420
350
1,342
515
193
148
55
0
0
1,088
83
821
87
7 64
169
638
748
1,384
312
250
704
a/ Allocations decided through the biennial specification process.
b/ 14.0 mt of the total trawl allocation of canary rockfish is allocated to the at-sea whiting
fisheries, as follows: 5.8 mt for the mothership fishery, and 8.2 mt for the catcher/processor
fishery.
c/ The cow cod fishery harvest guideline is further reduced to an ACT of 4.0 mt.
d/ Consistent with regulations at §660. 55 (c), 9 percent (27. 8 mt) of the total trawl allocation for
darkblotched rockfish is allocated to the whiting fisheries, as follows: 11.7 mt for the shorebased
IFQ fishery, 6. 7 mt for the mothership fishery, and 9.4 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) (ii) (D).
f/ Consistent with regulations at §660. 55 (c), 500 mt of the total trawl allocation for widow
rockfish is allocated to the whiting fisheries, as follows: 210 mt for the shorebased IFQ fishery,
120 mt for the mothership fishery, and 170 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) (ii) (D).
BILLING CODE 3510–22–C
*
*
*
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*
4. In § 660.140, revise paragraph
(d)(1)(ii)(D) to read as follows:
■
*
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§ 660.140
*
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*
Shorebased IFQ Program.
*
16MYR1
*
*
ER16MY16.000
Lhorne on DSK30JT082PROD with RULES
e/ Consistent with regulations at §660. 55 (c), 30 mt of the total trawl allocation for POP is
allocated to the whiting fisheries, as follows: 12.6 mt for the shorebased IFQ fishery, 7.2 mt for
the mothership fishery, and 10.2 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) (ii) (D).
Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations
(D) For the trawl fishery, NMFS will
issue QP based on the following
shorebased trawl allocations:
(d) * * *
(1) * * *
(ii) * * *
2015 Shorebased
trawl allocation
(mt)
IFQ Species
Management area
Arrowtooth flounder ................................................
BOCACCIO .............................................................
CANARY ROCKFISH .............................................
Chilipepper ..............................................................
COWCOD ...............................................................
DARKBLOTCHED ROCKFISH ...............................
Dover sole ...............................................................
English sole ............................................................
Lingcod ...................................................................
Lingcod ...................................................................
Longspine thornyhead ............................................
Minor Shelf Rockfish complex ................................
Minor Shelf Rockfish complex ................................
Minor Slope Rockfish complex ...............................
Minor Slope Rockfish complex ...............................
Other Flatfish complex ............................................
Pacific cod ..............................................................
PACIFIC OCEAN PERCH ......................................
Pacific Whiting ........................................................
PETRALE SOLE .....................................................
Sablefish .................................................................
Sablefish .................................................................
Shortspine thornyhead ............................................
Shortspine thornyhead ............................................
Splitnose rockfish ....................................................
Starry flounder ........................................................
Widow rockfish ........................................................
YELLOWEYE ROCKFISH ......................................
Yellowtail rockfish ...................................................
.................................................................................
South of 40°10′ N. lat .............................................
.................................................................................
South of 40°10′ N. lat .............................................
South of 40°10′ N. lat .............................................
.................................................................................
.................................................................................
.................................................................................
North of 40°10′ N. lat .............................................
South of 40°10′ N. lat .............................................
North of 34°27′ N. lat .............................................
North of 40°10′ N. lat .............................................
South of 40°10′ N. lat .............................................
North of 40°10′ N. lat .............................................
South of 40°10′ N. lat .............................................
.................................................................................
.................................................................................
North of 40°10′ N. lat .............................................
.................................................................................
.................................................................................
North of 36° N. lat ..................................................
South of 36° N. lat .................................................
North of 34°27′ N. lat .............................................
South of 34°27′ N. lat .............................................
South of 40°10′ N. lat .............................................
.................................................................................
.................................................................................
.................................................................................
North of 40°10′ N. lat .............................................
*
*
*
*
*
[FR Doc. 2016–11329 Filed 5–12–16; 11:15 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 150818742–6210–02]
RIN 0648–XE623
Fisheries of the Exclusive Economic
Zone Off Alaska; Deep-Water Species
Fishery by Vessels Using Trawl Gear in
the of the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; opening.
Lhorne on DSK30JT082PROD with RULES
AGENCY:
NMFS is opening directed
fishing for species that comprise the
deep-water species fishery by vessels
using trawl gear in the Gulf of Alaska
(GOA). This action is necessary to fully
use the 2016 groundfish total allowable
catch specified for the species
SUMMARY:
VerDate Sep<11>2014
30215
14:36 May 13, 2016
Jkt 238001
comprising the deep-water species
category in the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), May 15, 2016, through
1200 hours, A.l.t., July 1, 2016.
Comments must be received at the
following address no later than 4:30
p.m., A.l.t., May 31, 2016.
ADDRESSES: You may submit comments
on this document, identified by FDMS
Docket Number NOAA–NMFS–2015–
0110, by any of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20150110, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Address written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
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
PO 00000
Frm 00059
Fmt 4700
Sfmt 4700
2016 Shorebased
trawl allocation
(mt)
3,193.93
81.89
43.26
1,203.00
1.44
285.61
45,980.80
9,153.19
1,133.32
447.71
2,962.33
1,091.70
192.20
1,219.41
423.99
7,670.50
1,031.41
118.45
112,007.45
2,539.40
2,199.37
719.88
1,581.49
50.00
1,619.28
756.85
1,420.62
1.00
4,593.15
3,033.38
85.02
44.48
1,196.25
1.44
292.81
45,980.80
6,636.64
1,083.37
421.61
2,815.08
1,096.52
192.32
1,229.94
425.25
6,315.10
1,031.41
124.15
126,727.11
2,633.40
2,411.24
787.50
1,563.44
50.00
1,648.73
759.35
1,420.62
1.08
4,376.67
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
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:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
NMFS prohibited directed fishing for
species that comprise the deep-water
species fishery by vessels using trawl
E:\FR\FM\16MYR1.SGM
16MYR1
Agencies
[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Rules and Regulations]
[Pages 30203-30215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11329]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 160126053-6398-02]
RIN 0648-BF74
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; Annual Specifications and Management
Measures for the 2016 Tribal and Non-Tribal Fisheries for Pacific
Whiting
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule for the 2016 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 final rule announces the 2016 U.S. Total Allowable Catch
(TAC) of 367,553 metric tons of Pacific whiting, establishes the tribal
allocation of 64,322 metric tons, establishes a set-aside for research
and bycatch of 1,500 metric tons, and announces the allocations of
Pacific whiting to the non-tribal fishery for 2016. This rule will
ensure that the 2016 Pacific whiting fishery is managed in accordance
with the goals and objectives of the Magnuson-Stevens Act, the FMP, the
Pacific Whiting Act of 2006, and other applicable laws.
DATES: Effective May 12, 2016.
FOR FURTHER INFORMATION CONTACT: Miako Ushio (West Coast Region, NMFS),
phone: 206-526-4644, and email: Miako.Ushio@noaa.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
This final 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/.
The final environmental impact statement (FEIS) regarding Harvest
Specifications and Management Measures for 2015-2016 and Biennial
Periods Thereafter is available on the NOAA Fisheries West Coast Region
Web site at: www.westcoast.fisheries.noaa.gov/publications/nepa/groundfish/groundfish_nepa_documents.html and copies are available from
Donald McIsaac, Executive Director, Pacific Fishery Management Council
(Council), 7700 NE Ambassador Place, Portland, OR 97220, phone: 503-
820-2280.
Background
This final rule announces the TAC for Pacific whiting, expressed in
metric tons (mt). This is the fifth year that the TAC for Pacific
whiting has been determined under the terms of the Agreement with
Canada on Pacific Hake/Whiting (the Agreement) and the Pacific Whiting
Act of 2006 (the Whiting Act), 16 U.S.C. 7001-7010. The Agreement and
the Whiting Act establish bilateral bodies to implement the terms of
the Agreement, each with various responsibilities, including: The Joint
Management Committee (JMC), which is the decision-making body; the
Joint Technical Committee (JTC), which conducts the stock assessment;
the Scientific Review Group (SRG), which reviews the stock assessment;
and the Advisory Panel (AP), which provides stakeholder input to the
JMC (The Agreement, Art. II-IV; 16 U.S.C. 7001-7005). The Agreement
establishes a default harvest policy (F-40 percent with a 40/10
adjustment) and allocates 73.88 percent of the TAC to the United States
and 26.12 percent of the TAC to Canada. The JMC is primarily
responsible for developing a TAC recommendation to the Parties (United
States and Canada). The Secretary of Commerce, in consultation with the
Secretary of State, has the authority to accept or reject this
recommendation.
Historic Catch
Coastwide Pacific whiting landings averaged 224,376 mt from 1966 to
2015, with a low of 89,930 mt in 1980 and a peak of 363,135 mt in 2005.
The coast-wide catch in 2015 was 190,663 mt of a 440,000 mt bilateral
TAC. The U.S. harvested 47.4 percent and Canada 31.8 percent of their
respective allocations. The overall catch of Pacific whiting in U.S.
waters was much less than anticipated. Industry reported that this
lower catch was due to several factors including unusual, dispersed
distribution of the fish later in the season after the at-sea fleet
returned from Alaska, possibly due to anomalously warm ocean
conditions. Catches may also have been impacted
[[Page 30204]]
by reduced global market demand resulting from, among other things, a
strong U.S. dollar and other market conditions. The Catcher/Processor
(C/P) Coop Program, Mothership Coop Program, and Shore-Based IFQ
Program fleets caught 67.9 percent, 38.8 percent, and 46.6 percent of
their total quotas, respectively. Tribal fisheries did not land any
Pacific whiting in 2015.
2016 Pacific Whiting Stock Assessment
The JTC prepared the stock assessment document ``Status of Pacific
hake (whiting) stock in U.S. and Canadian waters in 2016,'' which was
completed on March 1, 2016, and presents a model that depends primarily
upon an acoustic survey biomass index, catches, and age compositions
for information on the scale of the current Pacific whiting stock. The
most recent survey was conducted in 2015, and was a result of
collaboration between Fisheries and Oceans Canada and NOAA Fisheries.
The 2015 coast-wide survey biomass estimate was 2.156 million mt, which
is estimated to be the highest on record for the survey. The amount of
spawning biomass in 2016 is estimated to be 79 percent of historic
average levels, well above the target 40 percent.
As with past estimates, there is a considerable range of
uncertainty around the most recent estimates because young cohorts that
make up a large portion of the survey biomass have not been observed
very long. However, age-composition data from both the aggregated
fisheries (1975-2015) and the acoustic survey (1998-2015) indicate an
exceptionally strong 2010 cohort (age-5 whiting in 2015) contributing
to recent increases in the survey index. Coast-wide catches in recent
years have largely depended on the 2010 cohort, accounting for 70
percent of the commercial catch in 2013, 67 percent in 2014, and 67
percent in 2015. Similarly, the 2015 survey age composition was nearly
60 percent age-5 fish from the 2010 cohort. Both survey and fishery
data sources provided initial indications that the 2014 cohort (age-1
whiting in 2015) was above average. Current estimates suggest that the
2014 cohort is potentially similar in magnitude to the 2010 cohort, but
because it has been observed only once (in 2015 data) the estimate is
highly uncertain.
The JTC provided tables showing catch alternatives for 2016. Using
the default F-40 percent harvest rate identified in the Agreement
(Paragraph 1 of Article III), the coastwide TAC for 2016 would be
804,399 mt. The stock assessment model predicts that the probability of
the spawning stock biomass dropping below 40 percent under the default
harvest rate catch scenario is 54 percent, and the probability of
dropping below 10 percent of unfished biomass in 2016 is less than 1
percent. Spawning biomass in 2017 is likely to be less than in 2016
under any catch level, because the dominant 2010 cohort is projected to
lose biomass due to natural mortality at a faster rate than it will
increase in biomass due to growth.
Scientific and Management Reviews
The SRG met in Seattle, Washington, on February 23-25, 2016, to
review the draft stock assessment document prepared by the JTC. The SRG
noted that the 2015 acoustic-trawl survey was successfully completed,
and that the 2015 survey biomass was 12 percent higher than the 2013
survey estimate, with approximately 21.4 percent of the estimated
biomass in Canadian waters and 78.6 percent in U.S. waters and that as
with past assessments, uncertainty in current stock status projections
is likely underestimated. The SRG determined that substantive
improvements had been made in the biomass estimate. In particular, a
geostatistical approach, kriging, has been applied to develop index
estimates since 2011, and important refinements were made this year
that increased the SRG's confidence in the extrapolated biomass
estimates. The SRG noted that according to the stock assessment,
projected median catches of 830,124 mt in 2016 and 955,423 mt in 2017
could be achievable without overfishing.
The AP met on March 16-18, 2016, and provided its 2016 TAC
recommendation to the JMC on March 18, 2016. At its March 17-18, 2016,
meeting, the JMC reviewed the advice of the JTC, the SRG, and the AP,
and agreed on a TAC recommendation for transmittal to the Parties.
Paragraph 1 of Article III of the Agreement directs the default harvest
rate to be used unless scientific evidence demonstrates that a
different rate is necessary to sustain the offshore whiting resource.
After consideration of the 2016 stock assessment and other relevant
scientific information, the JMC did not use the default harvest rate.
Instead, a more conservative approach was agreed upon. There were two
primary reasons for choosing a TAC well below the default level of F-40
percent: (1) A desire to minimize mortality of the potentially strong
2014 year class, which is anticipated to be important to the fishery
over the next several years, but the scale of which is uncertain, and
(2) to extend the harvest available from the 2010 year class. The JMC
recommended an unadjusted TAC of 439,995 mt for 2016, which is
approximately half of what the TAC would be by using the default
harvest rate. This conservative approach was endorsed by the AP. Both
the U.S. and Canada caught significantly less than their individual
TACs in 2015. Therefore, 15 percent of each Party's individual
unadjusted 2015 TACs is added to that Party's TAC for 2016 in
accordance with Article II of the Agreement, resulting in a 2016
adjusted coastwide TAC of 497,500 mt.
The recommendation for an unadjusted 2016 United States TAC of
325,068 mt, plus 42,485 mt carryover of uncaught quota from 2015
results in an adjusted United States TAC of 367,553 mt for 2016 (73.88
percent of the coastwide TAC). This recommendation is consistent with
the best available science, provisions of the Agreement, and the
Whiting Act. The recommendation was transmitted via letter to the
Parties on March 18, 2016. NMFS, under delegation of authority from the
Secretary of Commerce, approved the adjusted TAC recommendation of
367,553 mt for U.S. fisheries on April 21, 2016.
Tribal Fishery Allocation and Reapportionment
This final rule establishes the tribal allocation of Pacific
whiting for 2016. NMFS issued a proposed rule regarding this allocation
on March 10, 2016 (81 FR 12676). This action finalizes the tribal
allocation. Since 1996, NMFS has been allocating a portion of the U.S.
TAC of Pacific whiting to the tribal fishery using the process
described in Sec. 660.50(d)(1). According to Sec. 660.55(b), the
tribal allocation is subtracted from the total U.S. Pacific whiting
TAC. The tribal Pacific whiting fishery is managed separately from the
non-tribal Pacific whiting fishery, and is not governed by limited
entry or open access regulations or allocations.
The proposed rule described the tribal allocation as 17.5 percent
of the U.S. TAC, and projected a range of potential tribal allocations
for 2016 based on a range of U.S. TACs over the last 10 years (plus or
minus 25 percent to capture variability in stock abundance). As
described in the proposed rule, the resulting range of potential tribal
allocations was 17,842 to 71,110 mt.
As described earlier in this preamble, the U.S. TAC for 2016 is
367,553 mt. Applying the approach described in the proposed rule, NMFS
is establishing the 2016 tribal allocation of 64,322 mt (17.5 percent
of the U.S. TAC) at Sec. 660.50(f)(4) by this final rule. While the
total amount of Pacific whiting to which the Tribes are entitled under
their treaty
[[Page 30205]]
right has not yet been determined, and new scientific information or
discussions with the relevant parties may impact that decision, the
best available scientific information to date suggests that 64,322 mt
is within the likely range of potential treaty right amounts.
As with prior tribal Pacific whiting allocations, this final rule
is not intended to establish precedent for future Pacific whiting
seasons, or for the determination of the total amount of whiting to
which the Tribes are entitled under their treaty right. Rather, this
rule adopts an interim allocation, pending the determination of the
total treaty amount. That amount will be based on further development
of scientific information and additional coordination and discussion
with and among the coastal tribes and State of Washington.
Harvest Guidelines and Allocations
This final rule establishes the fishery harvest guideline (HG) and
allocates it among the three non-tribal sectors of the Pacific whiting
fishery. The fishery harvest guideline, sometimes called the non-tribal
allocation, was not included in the tribal whiting proposed rule
published on March 10, 2016 (81 FR 12676), for two reasons related to
timing and process. First, a recommendation on the coastwide TAC for
Pacific whiting for 2016, under the terms of the Agreement with Canada,
was not available until March 18, 2016. This recommendation for a U.S.
TAC was approved by NMFS, under delegation of authority from the
Secretary of Commerce, on April 21, 2016. Second, the fishery HG is
established following deductions from the U.S. TAC for the tribal
allocation, mortality in scientific research activities, and fishing
mortality in non-groundfish fisheries. The Council establishes the
amounts deducted from the U.S. TAC for scientific research and non-
groundfish fisheries on an annual basis at its April meeting, based on
estimates of scientific research catch and estimated bycatch mortality
in non-groundfish fisheries. For 2016, the Council recommended and NMFS
approves a scientific research and bycatch set-aside of 1,500 mt. These
amounts are not set until the TAC is available. The fishery HG is
therefore being finalized with this rule. The 2016 HG, sometimes
referred to as the non-tribal allocation, for Pacific whiting is
301,731 mt. This amount was determined by deducting from the total U.S.
TAC of 367,553 mt, the 64,322 mt tribal allocation, along with 1,500 mt
for scientific research catch and fishing mortality in non-groundfish
fisheries.
Regulations at Sec. 660.55(i)(2) allocate the fishery HG among the
non-tribal C/P Coop Program, Mothership Coop Program, and Shorebased
IFQ Program sectors of the Pacific whiting fishery. The C/P Coop
Program is allocated 34 percent (102,589 mt for 2016), the Mothership
Coop Program is allocated 24 percent (72,415 mt for 2016), and the
Shorebased IFQ Program is allocated 42 percent (126,727 mt for 2016).
The fishery south of 42[deg] N. lat. may not take more than 6,336 mt (5
percent of the Shorebased IFQ Program allocation) prior to May 15, the
start of the primary Pacific whiting season north of 42[deg] N. lat.
The 2016 allocations of canary rockfish, darkblotched rockfish,
Pacific ocean perch and widow rockfish to the Pacific whiting fishery
were published in a final rule on March 10, 2015 (80 FR 12567). The
allocations to the Pacific whiting fishery for these species are
described in the footnotes to Table 2.b to part 660, subpart C and are
not changed via this rulemaking.
Comments and Responses
On March 10, 2016, NMFS issued a proposed rule for the allocation
and management of the 2016 tribal Pacific whiting fishery. The comment
period on the proposed rule closed on April 11, 2016. No comment
letters were received.
Classification
The Annual Specifications and Management Measures for the 2016
Tribal and non-Tribal Fisheries for Pacific Whiting are issued under
the authority of the Magnuson-Stevens Act, and the Pacific Whiting Act
of 2006, and are in accordance with 50 CFR part 660, subparts C through
G, the regulations implementing the FMP. NMFS has determined that this
rule is consistent with the national standards of the Magnuson-Stevens
Act and other applicable laws.
NMFS has determined that the Pacific whiting fishery, both tribal
and non-tribal, is consistent, to the maximum extent practicable, with
approved coastal zone management programs for the States of Washington
and Oregon. NMFS sent letters to the State of Washington and the State
of Oregon describing its determination of consistency dated February 5,
2016. Both the State of Oregon and the State of Washington responded
indicating agreement with the determination.
Pursuant to 5 U.S.C. 553(b)(B), the NMFS Assistant Administrator
finds good cause to waive prior public notice and comment and delay in
effectiveness for those provisions in this final rule that were not
included in 80 FR 12676, e.g., the U.S. TAC, as delaying this rule
would be impracticable and contrary to the public interest. The annual
harvest specifications for Pacific whiting must be implemented by the
start of the primary Pacific whiting season, which begins on May 15,
2016, or the primary Pacific whiting season will effectively remain
closed.
Every year, NMFS conducts a Pacific whiting stock assessment in
which U.S. and Canadian scientists cooperate. The 2016 stock assessment
for Pacific whiting was prepared in early 2016, and included updated
total catch, length and age data from the U.S. and Canadian fisheries
from 2015, and biomass indices from the 2015 Joint U.S.-Canadian
acoustic/midwater trawl surveys. Because of this late availability of
the most recent data for the assessment, and the need for time to
conduct the treaty process for determining the TAC using the most
recent assessment, it would not be possible to allow for notice and
comment before the start of the primary Pacific whiting season on May
15.
A delay in implementing the Pacific whiting harvest specifications
to allow for notice and comment would be contrary to the public
interest because it would require either a shorter primary whiting
season or development of a TAC without the most recent data. A shorter
season could prevent the tribal and non-tribal fisheries from attaining
their 2016 allocations, which would result in unnecessary short-term
adverse economic effects for the Pacific whiting fishing vessels and
the associated fishing communities. A TAC determined without the most
recent data could fail to account for significant fluctuations in the
biomass of this relatively short-lived species. To prevent these
adverse effects and to allow the Pacific whiting season to commence, it
is in the best interest of the public to waive prior notice and
comment.
In addition, pursuant to 5 U.S.C. 553(d)(3), the NMFS Assistant
Administrator finds good cause to waive the 30-day delay in
effectiveness. Waiving the 30-day delay in effectiveness will not have
a negative impact on any entities, as there are no new compliance
requirements or other burdens placed on the fishing community with this
rule. Failure to make this final rule effective at the start of the
fishing year will undermine the intent of the rule, which is to promote
the optimal utilization and conservation of Pacific whiting. Making
this rule effective immediately would also serve the best interests of
the public because
[[Page 30206]]
it will allow for the longest possible Pacific whiting fishing season
and therefore the best possible economic outcome for those whose
livelihoods depend on this fishery. Because the 30-day delay in
effectiveness would potentially cause significant financial harm
without providing any corresponding benefits, this final rule is
effective upon publication in the Federal Register.
The preamble to the proposed rule and this final rule serve as the
small entity compliance guide required by Section 212 of the Small
Business Regulatory Enforcement Fairness Act of 1996. This action does
not require any additional compliance from small entities that is not
described in the preamble. Copies of this final rule are available from
NMFS at the following Web site: https://www.westcoast.fisheries.noaa.gov/fisheries/management/whiting/pacific_whiting.html.
The Office of Management and Budget has determined that this final
rule is not significant for purposes of Executive Order 12866.
When an agency proposes regulations, the Regulatory Flexibility Act
(RFA) requires the agency to prepare and make available for public
comment an Initial Regulatory Flexibility Analysis (IRFA) document that
describes the impact on small businesses, non-profit enterprises, local
governments, and other small entities. The IRFA is to aid the agency in
considering all reasonable regulatory alternatives that would minimize
the economic impact on affected small entities. After the public
comment period, the agency prepares a Final Regulatory Flexibility
Analysis (FRFA) that takes into consideration any new information and
public comments. This FRFA incorporates the IRFA and a summary of the
analyses completed to support the action.
NMFS published a proposed rule on March 10, 2016 (81 FR 12676) for
the allocation of the 2016 tribal Pacific whiting fishery. The comment
period on the proposed rule closed on April 11, 2016, and no comments
were received on the proposed rule, the IRFA, or the economic impacts
of this action generally. An IRFA was prepared and summarized in the
Classification section of the preamble to the proposed rule. The
description of this action, its purpose, and its legal basis are
described in the preamble to the proposed rule and are not repeated
here. The FRFA describes the impacts on small entities, which are
defined in the IRFA for this action and not repeated here. Analytical
requirements for the FRFA are described in Regulatory Flexibility Act,
section 604(a)(1) through (5), and summarized below. The FRFA must
contain: (1) A succinct statement of the need for, and objectives of,
the rule; (2) A summary of the significant issues raised by the public
comments in response to the initial regulatory flexibility analysis, a
summary of the assessment of the agency of such issues, and a statement
of any changes made in the proposed rule as a result of such comments;
(3) A description and an estimate of the number of small entities to
which the rule will apply, or an explanation of why no such estimate is
available; (4) A description of the projected reporting, recordkeeping
and other compliance requirements of the rule, including an estimate of
the classes of small entities which will be subject to the requirement
and the type of professional skills necessary for preparation of the
report or record; and (5) A description of the steps the agency has
taken to minimize the significant economic impact on small entities
consistent with the stated objectives of applicable statutes, including
a statement of the factual, policy, and legal reasons for selecting the
alternative adopted in the final rule and why each one of the other
significant alternatives to the rule considered by the agency which
affect the impact on small entities was rejected.
This final rule establishes the initial 2016 Pacific whiting
allocations for the tribal fishery, the fishery HG, the allocations for
the non-tribal sectors (C/P, mothership, and shoreside), and the amount
of Pacific whiting deducted from the TAC for scientific research and
fishing mortality in non-groundfish fisheries. The amount of whiting
allocated to these 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.
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 but in recent years, there have been
fewer vessels actually fishing. 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. We expect
one tribal entity, the Makah Tribe, to fish in 2016.
This rule would also 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 IFQ Program--Trawl Fishery;
Mothership Coop Program--Whiting At-sea Trawl Fishery; and C/P Coop
Program--Whiting At-sea Trawl Fishery.
Currently, the Shorebased IFQ Program is composed of 172 Quota
Share permits/accounts, 152 vessel accounts, and 44 first receivers.
The Mothership fishery is currently composed of a single coop, with six
mothership processor permits, and 34 Mothership/Catcher-Vessel endorsed
permits, with three permits each having two catch history assignments.
The C/P Program is composed of 10 C/P permits owned by three companies
that have formed a single coop. These regulations directly affect IFQ
Quota shareholders whose vessel accounts receive Quota Pounds (QP),
holders of mothership catcher-vessel-endorsed permits who determine how
many co-ops will participate in the fishery and how much fish each co-
op is to receive, and the C/P Coop which is made up of three companies
that own the catcher-processor permits.
As part of the permit application processes for the non-tribal
fisheries, based on a review of the SBA size criteria, applicants are
asked if they consider themselves a ``small'' business, and they are
asked to provide detailed ownership information. Although there are
three non-tribal sectors, many companies participate in two sectors and
some participate in all three sectors. All of the 34 mothership catch
history assignments are associated with a single mothership co-op and
all ten of the C/P permits are associated with a co-op. These co-ops
are considered large entities from several perspectives; they have
participants that are large entities, whiting co-op revenues exceed or
have exceeded $20.5 million, or co-op members are connected to American
Fishing Act permits or co-ops where the NMFS Alaska Region has
determined they are all large entities (79 FR 54597; September 12,
2014). After accounting for cross participation, multiple Quota Share
account holders, and affiliation through ownership, NMFS estimates that
there are 103 non-tribal entities directly affected by these
regulations, 89 of which are considered ``small'' businesses.
In total in 2015, non-tribal sectors harvested 52 percent of the
final non-
[[Page 30207]]
tribal allocation of 296,685 mt. The revised Pacific whiting
allocations for 2015 were: Tribal 26,888 mt, C/P Coop 100,873 mt;
Mothership Coop 71,204 mt; and Shorebased IFQ Program 124,607.45 mt.
Sector allocations in 2016 are higher than sector catches in 2015, and
the initial 2016 allocations to these non-tribal sectors are thirteen
percent higher than their 2015 initial allocations. NMFS concludes that
this rule will be beneficial to both large and small entities.
For the years 2011 to 2015, the total whiting fishery (tribal and
non-tribal) averaged harvests of approximately 205,000 mt annually,
worth an average estimated $52 million in ex-vessel revenues. As the
U.S. whiting TAC has been highly variable during this time, so have
harvests. In the past five years, harvests have ranged from 151,000 mt
(2015) to 264,000 mt (2014). Ex-vessel revenues have also varied.
Annual ex-vessel revenues have ranged from $25 million (2015) to $65
million (2013 and 2014). Revenues are estimated for the mothership and
catcher/processor harvest using the average annual shoreside ex-vessel
price. Total whiting harvest in 2015 was approximately 151,000 mt,
worth $25 million, at a shoreside ex-vessel price of $167 per mt. Ex-
vessel revenues in 2014 were over $64 million with a harvest of 264,000
mt and an average shoreside ex-vessel price of $240 per mt. The prices
for whiting are largely determined by the world market for groundfish,
because most of the whiting harvested is exported. Poor world market
conditions led to a decrease in prices in 2015. A confluence of
biological factors precluded the tribal fishery in 2015, and resulted
in a much lower harvest percentage of the annual commercial TAC than in
prior years. In 2015 NMFS reapportioned 30,000 mt of the original
56,888 mt tribal allocation. This reapportionment was based on
conversations with the tribes and the best information available at the
time, which indicated that this amount would not limit tribal harvest
opportunities for the remainder of the year.
NMFS believes this rule will not adversely affect small entities.
There are no significant alternatives to the action in this final rule
that accomplish the stated objectives of applicable statutes and the
treaties with the affected tribes that minimize any of the significant
economic impact of the final rule on small entities.
The RFA can be found at https://www.archives.gov/federal-register/laws/regulatory-flexibility/. The NMFS Economic Guidelines that
describe the RFA and EO 12866 can be found at https://www.nmfs.noaa.gov/sfa/domes_fish/EconomicGuidelines.pdf.
There are no reporting or recordkeeping requirements associated
with this final rule. No Federal rules have been identified that
duplicate, overlap, or conflict with this action.
NMFS issued Biological Opinions under the Endangered Species Act
(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 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 is 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 FMP is not likely to
jeopardize the continued existence of any of the affected
Evolutionarily Significant Units (ESUs). Lower Columbia River coho (70
FR 37160, June 28, 2005) and Oregon Coastal coho (73 FR 7816, February
11, 2008) were 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.
NMFS has reinitiated section 7 consultation on the Pacific Coast
Groundfish FMP with respect to its effects on listed salmonids. In the
event the consultation identifies either reasonable and prudent
alternatives to address jeopardy concerns, or reasonable and prudent
measures to minimize incidental take, NMFS would coordinate with the
Council to put additional alternatives or measures into place, as
required. After reviewing the available information, NMFS has concluded
that, consistent with sections 7(a)(2) and 7(d) of the ESA, this action
will not jeopardize any listed salmonid species, would not adversely
modify any designated critical habitat, and will not result in any
irreversible or irretrievable commitment of resources that would have
the effect of foreclosing the formulation or implementation of any
reasonable and prudent alternative measures.
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, the southern distinct
population segment (DPS) of green sturgeon, humpback whales, the
eastern DPS of Steller sea lions, and leatherback sea turtles. The
opinion also concluded 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. Since that biological opinion, the eastern DPS of Steller
sea lions was delisted on November 4, 2013 (78 FR 66140); however, this
delisting did not change the designation of the codified critical
habitat for the eastern DPS of Steller sea lions. On January 21, 2013,
NMFS evaluated the fishery's effects on eulachon to consider whether
the 2012 opinion should be reconsidered in light of new information
from the 2011 fishery and the proposed chafing gear modifications. NMFS
determined that information about bycatch of eulachon in 2011 and
chafing gear regulations did not change the effects that were analyzed
in the December 7, 2012, biological opinion, or provide any other basis
to reinitiate consultation. At the Pacific Fishery Management Council's
June 2015 meeting, new estimates of eulachon take from fishing activity
under the FMP indicated that the incidental take threshold in the 2012
biological opinion was exceeded again in 2013. The increased bycatch
may be due to increased eulachon abundance. In light of the new fishery
and
[[Page 30208]]
abundance information, NMFS has reinitiated consultation on eulachon.
In the event the consultation identifies either reasonable and prudent
alternatives to address jeopardy concerns, or reasonable and prudent
measures to minimize incidental take, NMFS would coordinate with the
Council to put additional alternatives or measures into place, as
required. After reviewing the available information, NMFS concluded
that, consistent with sections 7(a)(2) and 7(d) of the ESA, this action
will not jeopardize any listed species, would not adversely modify any
designated critical habitat, and will not result in any irreversible or
irretrievable commitment of resources that would have the effect of
foreclosing the formulation or implementation of any reasonable and
prudent alternative measures.
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. The 2012-2013 two-year
average of short-tailed albatross take in the groundfish fishery, using
expanded annual estimates of black-footed albatross as a proxy, ranged
from 1.35 to 2.0 for the lower short-tailed albatross population
estimate to 1.45 to 2.15 for the higher population estimates, which
exceeded the 2 per 2-year period identified in the incidental take
statement in the biological opinion. This led NMFS to reinitiate ESA
Section 7 consultation on take of this species in the Pacific Coast
Groundfish Fishery. Take of short-tailed albatross has not been
observed in the whiting fishery, which is a midwater trawl fishery.
After reviewing the available information, NMFS has concluded that,
consistent with sections 7(a)(2) and 7(d) of the ESA, this action will
not jeopardize listed short-tailed albatross, would not adversely
modify any designated critical habitat, and will not result in any
irreversible or irretrievable commitment of resources that would have
the effect of foreclosing the formulation or implementation of any
reasonable and prudent alternative measures. In the event the
consultation identifies either reasonable and prudent alternatives to
address jeopardy concerns, or reasonable and prudent measures to
minimize incidental take, NMFS would coordinate with the Council to put
additional alternatives or measures into place, as required.
In accordance with the National Environmental Policy Act (NEPA),
NMFS prepared a final environmental impact statement (FEIS) regarding
Harvest Specifications and Management Measures for 2015-2016 and
Biennial Periods Thereafter in the Pacific Coast Groundfish Fishery. In
that FEIS, the effects of the Pacific whiting fishery were considered
using a range of potential harvest levels, the highest of which
considered was 408,260 mt, above the harvest level set in this rule.
Pursuant to Executive Order 13175, this final rule was developed
after meaningful 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 final rule.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian Fisheries.
Dated: May 9, 2016.
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 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. In Sec. 660.50, revise paragraph (f)(4) to read as follows:
Sec. 660.50 Pacific Coast treaty Indian fisheries.
* * * * *
(f) * * *
(4) Pacific whiting. The tribal allocation for 2016 is 64,322 mt.
* * * * *
0
3. Tables 2a and 2b to part 660, subpart C, are revised to read as
follows:
[[Page 30209]]
[GRAPHIC] [TIFF OMITTED] TR16MY16.001
[[Page 30210]]
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 bocaccio stock assessment update was conducted in
2013 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 6 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 31.4 percent of its unfished biomass in
2013. The OFL of 1,351 mt is projected in the 2013 stock assessment
using an FMSY proxy of F50. The ABC of
1,291 mt is a 4.4 percent reduction from the OFL ([sigma]=0.36/
P*=0.45) as it's a category 1 stock. The 362 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. 8.3 mt is deducted from the ACL to
accommodate the incidental open access fishery (0.7 mt), EFP catch
(3.0 mt) and research catch (4.6 mt), resulting in a fishery HG of
353.7 mt. The California recreational fishery has an HG of 185.6 mt.
d/ Canary rockfish. A canary rockfish stock assessment update
was conducted in 2011 and the stock was estimated to be at 23.2
percent of its unfished biomass coastwide in 2011. The coastwide OFL
of 729 mt is projected in the 2011 rebuilding analysis using an
FMSY proxy of F50. The ABC of 697 mt
is a 4.4 percent reduction from the OFL ([sigma]=0.36/P*=0.45) as
it's a category 1 stock. The ACL of 125 mt is based on the current
rebuilding plan with a target year to rebuild of 2030 and an SPR
harvest rate of 88.7 percent. 15.2 mt is deducted from the ACL to
accommodate the Tribal fishery (7.7 mt), the incidental open access
fishery (2 mt), EFP catch (1.0 mt) and research catch (4.5 mt)
resulting in a fishery HG of 109.8 mt. Recreational HGs are: 3.5 mt
(Washington); 12.0 mt (Oregon); and 25.0 mt (California).
e/ Cowcod. A stock assessment for the Conception Area was
conducted in 2013 and the stock was estimated to be 33.9 percent of
its unfished biomass in 2013. The Conception Area OFL of 56.4 mt is
projected in the 2013 rebuilding analysis using an FMSY
proxy of F50. The OFL of 12.0 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 68.4 mt. The ABC for the area south of 40[deg]10' N.
lat. is 61.5 mt. The assessed portion of the stock in the Conception
Area is considered category 2, with a Conception Area contribution
to the ABC of 51.5 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 10.0 mt, which is a 17 percent
reduction from the Monterey area OFL ([sigma]=1.44/P*=0.45). A
single ACL of 10.0 mt is being set for both areas combined. The ACL
of 10.0 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. 2.0 mt is deducted from the ACL to accommodate EFP fishing
(less than 0.02 mt) and research activity (2.0 mt), resulting in a
fishery HG of 8.0 mt. Any additional mortality in research
activities will be deducted from the ACL. A single ACT of 4.0 mt is
being set for both areas combined.
f/ Darkblotched rockfish. A 2013 stock assessment estimated the
stock to be at 36 percent of its unfished biomass in 2013. The OFL
of 580 mt is projected in the 2013 stock assessment using an
FMSY proxy of F50.The ABC of 554 mt is
a 4.4 percent reduction from the OFL ([sigma]=0.36/P*=0.45) as it's
a category 1 stock. The ACL of 346 mt is based on the current
rebuilding plan with a target year to rebuild of 2025 and an SPR
harvest rate of 64.9 percent. 20.8 mt is deducted from the ACL to
accommodate the Tribal fishery (0.2 mt), the incidental open access
fishery (18.4 mt), EFP catch (0.1 mt) and research catch (2.1 mt),
resulting in a fishery HG of 325.2 mt.
g/ 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 850 mt for the area north of 40[deg]10'
N. lat. is projected in the 2011 rebuilding analysis using an
F50 FMSY proxy. The ABC of 813 mt is a
4.4 percent reduction from the OFL ([sigma]=0.36/P*=0.45) as it's a
category 1 stock. The ACL of 164 mt is based on the current
rebuilding plan with a target year to rebuild of 2051 and an SPR
harvest rate of 86.4 percent. 15 mt is deducted from the ACL to
accommodate the Tribal fishery (9.2 mt), the incidental open access
fishery (0.6 mt), and research catch (5.2 mt), resulting in a
fishery HG of 149.0 mt.
h/ Petrale sole. A 2013 stock assessment estimated the stock to
be at 22.3 percent of its unfished biomass in 2013. The OFL of 3,044
mt is projected in the 2013 assessment using an F30% FMSY
proxy. The ABC of 2,910 mt is a 4.4 percent reduction from the OFL
([sigma]=0.36/P*=0.45) as it's a category 1 stock. The ACL is based
on the 25-5 harvest control rule specified in the current rebuilding
plan; since the stock is projected to be rebuilt at the start of
2014, the ACL is set equal to the ABC. 236.6 mt is deducted from the
ACL to accommodate the Tribal fishery (220 mt), the incidental open
access fishery (2.4 mt), and research catch (14.2 mt), resulting in
a fishery HG of 2,673.4 mt.
i/ 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 52 mt coastwide OFL was projected in
the 2011 rebuilding analysis using an FMSY proxy of
F50. The ABC of 43 mt is a 16.77 percent
reduction from the OFL ([sigma]=0.72/P*=0.40) as it's a category 2
stock. The 19 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. 5.8 mt is deducted from the ACL to accommodate the Tribal
fishery (2.3 mt), the incidental open access fishery (0.2 mt), EFP
catch (0.03 mt) and research catch (3.3 mt) resulting in a fishery
HG of 13.2 mt. Recreational HGs are being established: 3.1 mt
(Washington); 2.8 mt (Oregon); and 3.7 mt (California).
j/ 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 6,396 mt is derived from the
2007 assessment using an F30 FMSY
proxy. The ABC of 5,328 mt is a 16.7 percent reduction from the OFL
([sigma]=0.72/P*=0.40) as it's a category 2 stock. The ACL is set
equal to the ABC because the stock is above its target biomass of
B25. 2,087 mt is deducted from the ACL to
accommodate the Tribal fishery (2,041 mt), the incidental open
access fishery (30 mt), and research catch (16.4 mt), resulting in a
fishery HG of 3,241 mt.
k/ Black rockfish south (Oregon and California). A stock
assessment was conducted for black rockfish south of 45[deg]46' N.
lat. (Cape Falcon, Oregon) to Central California (i.e., the
southern-most extent of black rockfish, Love et al. 2002) in 2007.
The biomass in the south was estimated to be at 70 percent of its
unfished biomass in 2007. The OFL from the assessed area is derived
from the 2007 assessment using an FMSY harvest rate proxy
of F50 plus 3 percent of the OFL from the stock
assessment conducted for black rockfish north of 45[deg]46' N. lat.,
to cover the portion of the stock occurring off Oregon north of Cape
Falcon (the 3% adjustment is based on historical catch
distribution). The resulting OFL for the area south of 46[deg]16' N.
lat. is 1,183 mt. The ABC of 1,131 mt is a 4.4 percent reduction
from the OFL ([sigma]=0.36/P*=0.45) as it's a category 1 stock. The
2016 ACL is 1,000 mt, which maintains the constant catch strategy
designed to keep the stock above its target biomass of
B40. 1 mt is deducted from the ACL to accommodate
EFP catch, resulting in a fishery HG of 999 mt. The black rockfish
ACL, in the area south of 46[deg]16' N. lat. (Columbia River), is
subdivided with separate HGs for waters off Oregon (579 mt/58
percent) and for waters off California (420 mt/42 percent).
l/ Black rockfish north (Washington). A stock assessment was
conducted for black rockfish north of 45[deg]46' N. lat. (Cape
Falcon, Oregon) in 2007. The biomass in the north was estimated to
be at 53 percent of its unfished biomass in 2007. The OFL from the
assessed area is derived from the 2007 assessment using an
FMSY harvest rate proxy of F50. The
resulting OFL for the area north of 46[deg]16' N. lat. is 423 mt and
is 97 percent of the OFL from the assessed area based on the area
distribution of historical catch. The ABC of 404 mt for the north is
a 4.4 percent reduction from the OFL ([sigma]=0.36/P*=0.45) as it's
a category 1 stock. The ACL is set equal to the ABC since the stock
is above its target biomass of B40. 14 mt is
deducted from the ACL to accommodate the Tribal fishery, resulting
in a fishery HG of 390 mt.
m/ Cabezon (California). A cabezon stock assessment was
conducted in 2009. The cabezon spawning biomass in waters off
[[Page 30211]]
California was estimated to be at 48.3 percent of its unfished
biomass in 2009. The OFL of 158 mt is calculated using an
FMSY proxy of F45. The ABC of 151 mt
is based on a 4.4 percent reduction from the OFL ([sigma]=0.36/
P*=0.45) as it's a category 1 stock. 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 equal to the ACL of 151 mt.
n/ 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
F45. The ABC of 47 mt is based on a 4.4 percent
reduction from the OFL ([sigma]=0.36/P*=0.45) as it's 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.
o/ California scorpionfish was assessed in 2005 and was
estimated to be at 79.8 percent of its unfished biomass in 2005. The
OFL of 117 mt is projected in the 2005 assessment using an
FMSY harvest rate proxy of F50. The
ABC of 111 mt is a 4.4 percent reduction from the OFL ([sigma]=0.36/
P*=0.45) as it's a category 1 stock. The ACL is set equal to the ABC
because the stock is above its target biomass of
B40. 2 mt is deducted from the ACL to accommodate
the incidental open access fishery, resulting in a fishery HG of 109
mt.
p/ Chilipepper. The coastwide chilipepper stock was assessed in
2007 and estimated to be at 70 percent of its unfished biomass in
2006. 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 1998-2008 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 1,694 mt for the area south of
40[deg]10' N. lat. is projected in the 2007 assessment using an
FMSY proxy of F50. The ABC of 1,619 mt
is a 4.4 percent reduction from the OFL ([sigma]=0.36/P*=0.45) as
it's a category 1 stock. The ACL is set equal to the ABC because the
stock is above its target biomass of B40. 24 mt
is deducted from the ACL to accommodate the incidental open access
fishery (5 mt), EFP fishing (10 mt), and research catch (9 mt),
resulting in a fishery HG of 1,595 mt.
q/ 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
59,221 mt is projected in the 2011 stock assessment using an
FMSY proxy of F30. The ABC of 56,615
mt is a 4.4 percent reduction from the OFL ([sigma]=0.36/P*=0.45) as
it's 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. 1,594 mt is deducted from the ACL to accommodate the Tribal
fishery (1,497 mt), the incidental open access fishery (55 mt), and
research catch (41.9 mt), resulting in a fishery HG of 48,406 mt.
r/ 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 7,890 mt is projected in the 2013 assessment using
an FMSY proxy of F30. The ABC of 7,204
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 could be set equal to the ABC
because the stock is above its target biomass of
B25. 213 mt is deducted from the ACL to
accommodate the Tribal fishery (200 mt), the incidental open access
fishery (7 mt) and research catch (5.8 mt), resulting in a fishery
HG of 6,991 mt.
s/ Lingcod north. A lingcod stock assessment was conducted in
2009. The lingcod spawning biomass off Washington and Oregon was
estimated to be at 62 percent of its unfished biomass in 2009. The
OFL for Washington and Oregon of 1,842 mt is calculated using an
FMSY proxy of F45. The OFL is re-
apportioned by adding 48% of the OFL from California, resulting in
an OFL of 2,891 mt for the area north of 40[deg]10' N. lat. The ABC
of 2,719 mt is based on a 4.4 percent reduction from the OFL
([sigma]=0.36/P*=0.45) for the area north of 42[deg] N. lat. as it's
a category 1 stock, and an 8.7 percent reduction from the OFL
([sigma]=0.72/P*=0.45) for the area between 42[deg] N. lat. and
40[deg]10' N. lat., as it's a category 2 stock. The ACL is set equal
to the ABC since the stock is above its target biomass of
B40. 278 mt is deducted from the ACL to
accommodate 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 2,441 mt.
t/ Lingcod south. A lingcod stock assessment was conducted in
2009. The lingcod spawning biomass off California was estimated to
be at 74 percent of its unfished biomass in 2009. The OFL for
California of 2,185 mt is projected in the assessment using an
FMSY proxy of F45. The OFL is re-
apportioned by subtracting 48% of the OFL, resulting in an OFL of
1,136 mt for the area south of 40[deg]10' N. lat. The ABC of 946 mt
is based on a 16.7 percent reduction from the OFL ([sigma]=0.72/
P*=0.40) as it's a category 2 stock. The ACL is set equal to the ABC
since the stock is above its target biomass of
B40. 9 mt is deducted from the ACL to accommodate
the incidental open access fishery (7 mt), EFP fishing (1 mt), and
research catch (1.1 mt), resulting in a fishery HG of 937 mt.
u/ 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 2,405 mt is derived from the 2007 stock assessment using
an FMSY proxy of F50. The ABC of 2,299
mt is a 4.4 percent reduction from the OFL ([sigma]=0.36/P*=0.45) as
it's 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. 73 mt is deducted from the ACL to accommodate the Tribal
fishery (56 mt), incidental open access fishery (3.8 mt), and
research catch (13.2 mt), resulting in a fishery HG of 1,927 mt.
v/ 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 4,763 mt is projected
in the 2013 stock assessment using an F50
FMSY proxy. The ABC of 3,968 mt is a 16.7 percent
reduction from the OFL ([sigma]=0.72/P*=0.40) as it's a category 2
stock. For the portion of the stock that is north of 34[deg]27' N.
lat., the ACL is 3,015 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 mt is deducted from the ACL to
accommodate the Tribal fishery (30 mt), the incidental open access
fishery (3 mt), and research catch (13.5 mt) resulting in a fishery
HG of 2,969 mt. For that portion of the stock south of 34[deg]27' N.
lat. the ACL is 952 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 mt is deducted from the ACL to
accommodate the incidental open access fishery (2 mt), and research
catch (1 mt) resulting in a fishery HG of 949 mt.
w/ 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) as it's 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 (2.0 mt), resulting in a fishery
HG of 1,091 mt.
x/ Pacific whiting. The coastwide stock assessment was published
in 2016 and estimated the spawning stock to be at 76 percent of its
unfished biomass. The 2016 OFL of 830,124 mt is based on the 2016
assessment with an F40 FMSY proxy. The 2016
coastwide, unadjusted Total Allowable Catch (TAC) of 439,995 mt is
based on the 2016 stock assessment. The U.S. TAC is 73.88 percent of
the coastwide unadjusted TAC. Up to 15 percent of each party's
unadjusted 2015 TAC (42,485 mt for the U.S. and 15,020 mt for
Canada) is added to each party's 2016 unadjusted TAC, resulting in a
U.S. adjusted 2016 TAC of 367,553 mt. From the adjusted U.S. TAC,
64,322 mt is deducted to accommodate the Tribal fishery, and 1,500
mt is deducted to accommodate research and bycatch in other
fisheries, resulting in a fishery HG of 301,731 mt. The TAC for
Pacific whiting is established under the provisions of the Agreement
with Canada on Pacific Hake/Whiting and the Pacific Whiting Act of
2006, 16 U.S.C. 7001-7010, and the international exception applies.
Therefore, no ABC or ACL values are provided for Pacific whiting.
y/ Sablefish north. A coastwide sablefish stock assessment was
conducted in 2011. The coastwide sablefish biomass was estimated to
be at 33 percent of its unfished biomass in 2011. The coastwide OFL
of 8,526 mt is projected in the 2011 stock assessment using an
FMSY proxy of F45. The ABC of 7,784 mt
is an 8.7 percent reduction from the OFL ([sigma]=0.36/P*=0.40). The
40-10 adjustment was 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-
2010
[[Page 30212]]
average estimated swept area biomass from the NMFS NWFSC trawl
survey, with 73.6 percent apportioned north of 36[deg] N. lat. and
26.4 percent apportioned south of 36[deg] N. lat. The northern ACL
is 5,241 mt and is reduced by 524 mt for the tribal allocation (10
percent of the ACL north of 36[deg] N. lat.). The 524 mt Tribal
allocation is reduced by 1.6 percent to account for discard
mortality. Detailed sablefish allocations are shown in Table 2c.
z/ Sablefish south. The ACL for the area south of 36[deg] N.
lat. is 1,880 mt (26.4 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 1,875 mt.
aa/ 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) as it's a category 2
stock. The 500 mt ACL is set to accommodate for 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. 2 mt is deducted from the ACL to accommodate research
catch, resulting in a fishery HG of 498 mt.
bb/ 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 3,169 mt
is projected in the 2013 stock assessment using an
F50 FMSY proxy. The coastwide ABC of
2,640 mt is a 16.7 percent reduction from the OFL ([sigma]=0.72/
P*=0.40) as it's a category 2 stock. For the portion of the stock
that is north of 34[deg]27' N. lat., the ACL is 1,726 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 (2 mt),
and research catch (7 mt) resulting in a fishery HG of 1,667 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 913 mt. The southern ACL is
35.6 percent of the coastwide ABC based on the average swept-area
biomass estimates (2003-2012) from the NMFS NWFSC trawl survey. 42
mt is deducted from the ACL to accommodate the incidental open
access fishery (41 mt) and research catch (1 mt), resulting in a
fishery HG of 871 mt for the area south of 34[deg]27' N. lat.
cc/ 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 2,503 mt is derived from the 2011 assessment using
an FMSY proxy of F50. The coastwide
ABC of 2,085 mt is a 16.7 percent reduction from the OFL
([sigma]=0.72/P*=0.40) as it's 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 1,747 mt.
dd/ Splitnose rockfish. A splitnose rockfish coastwide
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
species-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 1,826
mt results from the apportionment described above. The southern ABC
of 1,746 mt is a 4.4 percent reduction from the southern OFL
([sigma]=0.36/P*=0.45) as it's 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. 110.5 mt is deducted from
the ACL to accommodate research catch (9 mt) and EFP catch (1.5 mt),
resulting in a fishery HG of 1,736 mt.
ee/ 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 derived from the 2005 assessment using
an FMSY proxy of F30. The ABC of 1,539
mt is a 16.7 percent reduction from the OFL ([sigma]=0.72/P*=0.40)
as it's a category 2 stock. The ACL is set equal to the ABC because
the stock is estimated to be above its target biomass of
B25. 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 1,529 mt.
ff/ Widow rockfish. The widow rockfish stock was assessed in
2011 and was estimated to be at 51.1 percent of its unfished biomass
in 2011. The OFL of 3,990 mt is projected in the 2011 stock
assessment using an F50 FMSY proxy.
The ABC of 3,790 mt is a 5 percent reduction from the OFL
([sigma]=0.41/P*=0.45). A unique sigma of 0.41 was calculated for
widow rockfish since the variance in estimated biomass was greater
than the 0.36 used as a proxy for other category 1 stocks. The ACL
could be set equal to the ABC because the stock is above its target
biomass of B40. However, the ACL of 2,000 mt is
less than the ABC due to high uncertainty in estimated biomass, yet
this level of allowable harvest will allow access to healthy co-
occurring species, such as yellowtail rockfish. 120.2 mt is deducted
from the ACL to accommodate the Tribal fishery (100 mt), the
incidental open access fishery (3.3 mt), EFP catch (9 mt), and
research catch (7.9 mt), resulting in a fishery HG of 1,880 mt.
gg/ 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 is 69 percent of
its unfished biomass in 2013. The OFL of 6,949 mt is projected in
the 2013 stock assessment using an FMSY proxy of
F50. The ABC of 6,344 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 because the stock is above
its target biomass of B40. 1,029.6 mt is deducted
from the ACL to accommodate the Tribal fishery (1,000 mt), the
incidental open access fishery (3 mt), EFP catch (10 mt) and
research catch (16.6 mt), resulting in a fishery HG of 5,314 mt.
hh/ Minor Nearshore Rockfish north. The OFL for Minor Nearshore
Rockfish north of 40[deg]10' N. lat. of 88 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 (i.e., blue 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 77 mt is the summed contribution of the ABCs for
the component species. The ACL of 69 mt is the sum of contributing
ABCs of healthy assessed stocks and unassessed stocks, plus the ACL
contributions for blue rockfish in California 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. No
deductions are made to the ACL, thus the fishery HG is equal to the
ACL, which is 69 mt. Between 40[deg]10' N. lat. and 42[deg] N. lat.
the Minor Nearshore Rockfish complex north has a harvest guideline
of 23.7 mt. Blue rockfish south of 42[deg] N. lat. has a species-
specific HG, described in footnote kk/.
ii/ Minor Shelf Rockfish north. The OFL for Minor Shelf Rockfish
north of 40[deg]10' N. lat. of 2,218 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 0.72
for category 2 stocks (i.e., greenspotted rockfish 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 1,953 mt is the summed contribution of
the ABCs for the component species. The ACL of 1,952 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.
72 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 (13.4 mt), resulting in a fishery HG of 1,880 mt.
jj/ Minor Slope Rockfish north. The OFL for Minor Slope Rockfish
north of 40[deg]10' N. lat. of 1,844 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 other category 1
stocks (i.e., splitnose rockfish), a sigma value of 0.72 for
category 2 stocks (i.e., rougheye rockfish, blackspotted rockfish
and sharpchin
[[Page 30213]]
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 since 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 1,706 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 are above the target biomass of
B40. 64 mt is deducted from the ACL to
accommodate the Tribal fishery (36 mt), the incidental open access
fishery (19 mt), EFP catch (1 mt), and research catch (8.1 mt),
resulting in a fishery HG of 1,642 mt.
kk/ Minor Nearshore Rockfish south. The OFL for the Minor
Nearshore Rockfish complex south of 40[deg]10' N. lat. of 1,288 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 0.36 for category 1 stocks
(i.e., gopher rockfish north of 34[deg]27' N. lat.), a sigma value
of 0.72 for category 2 stocks (i.e., blue 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 1,148 mt is the
summed contribution of the ABCs for the component species. The ACL
of 1,006 mt is the sum of the contributing ABCs of healthy assessed
stocks and unassessed stocks, plus the ACL contribution for blue
rockfish north of 34[deg]27' N. lat. where the 40-10 adjustment was
applied to the ABC contribution for this stock because it is in the
precautionary zone. 4 mt is deducted from the ACL to accommodate the
incidental open access fishery (1.4 mt) and research catch (2.6 mt),
resulting in a fishery HG of 1,002 mt. Blue rockfish south of
42[deg] N. lat. has a species-specific HG set equal to the 40-10-
adjusted ACL for the portion of the stock north of 34[deg]27' N lat.
(137.5) 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 rockfish HG is 198.3 mt.
ll/ Minor Shelf Rockfish south. The OFL for the Minor Shelf
Rockfish complex south of 40[deg]10' N. lat. of 1,919 mt is the sum
of the OFL contributions for the component species within the
complex. The ABCs for the southern Minor Shelf Rockfish complex is
based on a sigma value of 0.72 for category 2 stocks (i.e.,
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 1,626 mt is the summed contribution of the ABCs for the
component species. The ACL of 1,625 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. 49 mt is deducted from the
ACL to accommodate the incidental open access fishery (9 mt), EFP
catch (30 mt), and research catch (9.6 mt), resulting in a fishery
HG of 1,576 mt.
mm/ Minor Slope Rockfish south. The OFL of 814 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 (i.e., blackgill rockfish, rougheye rockfish,
blackspotted rockfish, 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 since the variance in
estimated biomass was greater than the 0.36 used as a proxy for
other category 1 stocks. The resulting ABC of 705 mt is the summed
contribution of the ABCs for the component species. The ACL of 695
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 mt is deducted from the ACL to accommodate the incidental open
access fishery (17 mt), EFP catch (1 mt), and research catch (2 mt),
resulting in a fishery HG of 675 mt. Blackgill rockfish has a
species-specific HG set equal to the species' contribution to the
40-10-adjusted ACL. The blackgill rockfish HG is 117 mt.
nn/ Other Flatfish. The Other Flatfish complex is comprised of
flatfish species managed in the PCGFMP that are not managed with
species-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 (assessed in 2013, but the
assessment results were too uncertain to inform harvest
specifications), rock sole, sand sole, and rex sole (assessed in
2013). The Other Flatfish OFL of 9,645 mt is based on the sum of the
OFL contributions of the component stocks. The ABC of 7,243 mt is
based on a sigma value of 0.72 for category 2 stocks (i.e., 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 since 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 7,039 mt.
oo/ Other Fish. The Other Fish complex is comprised of kelp
greenling coastwide, cabezon off Washington, and leopard shark
coastwide. These species are unassessed. The OFL of 291 mt is the
sum of the OFL contributions for kelp greenling off California (the
SSC has not approved methods for calculating the OFL contributions
for kelp greenling off Oregon and Washington), cabezon off
Washington, and leopard shark coastwide. The ABC of 243 mt is the
sum of ABC contributions for kelp greenling off California, cabezon
off Washington and leopard shark coastwide calculated by applying a
P* of 0.45 and a sigma of 1.44 to the OFL contributions for those
stocks. The ACL is set equal to the ABC. There are no deductions
from the ACL so the fishery HG is equal to the ACL of 243 mt.
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4. In Sec. 660.140, revise paragraph (d)(1)(ii)(D) to read as follows:
Sec. 660.140 Shorebased IFQ Program.
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[[Page 30215]]
(d) * * *
(1) * * *
(ii) * * *
(D) For the trawl fishery, NMFS will issue QP based on the
following shorebased trawl allocations:
----------------------------------------------------------------------------------------------------------------
2015 Shorebased 2016 Shorebased
IFQ Species Management area trawl allocation trawl allocation
(mt) (mt)
----------------------------------------------------------------------------------------------------------------
Arrowtooth flounder........................ ............................. 3,193.93 3,033.38
BOCACCIO................................... South of 40[deg]10' N. lat... 81.89 85.02
CANARY ROCKFISH............................ ............................. 43.26 44.48
Chilipepper................................ South of 40[deg]10' N. lat... 1,203.00 1,196.25
COWCOD..................................... South of 40[deg]10' N. lat... 1.44 1.44
DARKBLOTCHED ROCKFISH...................... ............................. 285.61 292.81
Dover sole................................. ............................. 45,980.80 45,980.80
English sole............................... ............................. 9,153.19 6,636.64
Lingcod.................................... North of 40[deg]10' N. lat... 1,133.32 1,083.37
Lingcod.................................... South of 40[deg]10' N. lat... 447.71 421.61
Longspine thornyhead....................... North of 34[deg]27' N. lat... 2,962.33 2,815.08
Minor Shelf Rockfish complex............... North of 40[deg]10' N. lat... 1,091.70 1,096.52
Minor Shelf Rockfish complex............... South of 40[deg]10' N. lat... 192.20 192.32
Minor Slope Rockfish complex............... North of 40[deg]10' N. lat... 1,219.41 1,229.94
Minor Slope Rockfish complex............... South of 40[deg]10' N. lat... 423.99 425.25
Other Flatfish complex..................... ............................. 7,670.50 6,315.10
Pacific cod................................ ............................. 1,031.41 1,031.41
PACIFIC OCEAN PERCH........................ North of 40[deg]10' N. lat... 118.45 124.15
Pacific Whiting............................ ............................. 112,007.45 126,727.11
PETRALE SOLE............................... ............................. 2,539.40 2,633.40
Sablefish.................................. North of 36[deg] N. lat...... 2,199.37 2,411.24
Sablefish.................................. South of 36[deg] N. lat...... 719.88 787.50
Shortspine thornyhead...................... North of 34[deg]27' N. lat... 1,581.49 1,563.44
Shortspine thornyhead...................... South of 34[deg]27' N. lat... 50.00 50.00
Splitnose rockfish......................... South of 40[deg]10' N. lat... 1,619.28 1,648.73
Starry flounder............................ ............................. 756.85 759.35
Widow rockfish............................. ............................. 1,420.62 1,420.62
YELLOWEYE ROCKFISH......................... ............................. 1.00 1.08
Yellowtail rockfish........................ North of 40[deg]10' N. lat... 4,593.15 4,376.67
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[FR Doc. 2016-11329 Filed 5-12-16; 11:15 am]
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