Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2020 Tribal Fishery Allocations for Pacific Whiting; Reapportionment Between Tribal and Non-Tribal Sectors, 73002-73003 [2020-25229]
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73002
§ 273.9
Federal Register / Vol. 85, No. 221 / Monday, November 16, 2020 / Rules and Regulations
Financial.
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§ 273.11
Public benefits.
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Issued in Washington, DC.
Gerald A. Reynolds,
Chief Counsel.
[FR Doc. 2020–25212 Filed 11–13–20; 8:45 am]
BILLING CODE 4910–06–P
VerDate Sep<11>2014
17:17 Nov 13, 2020
National Oceanic and Atmospheric
Administration
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, or Adobe PDF file formats
only.
50 CFR Part 660
Electronic Access
DEPARTMENT OF COMMERCE
Jkt 253001
[Docket No. 200610–0156; RTID 0648–
XA570]
Magnuson-Stevens Act Provisions;
Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2020
Tribal Fishery Allocations for Pacific
Whiting; Reapportionment Between
Tribal and Non-Tribal Sectors
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Inseason reapportionment of
tribal Pacific whiting allocation.
AGENCY:
This document announces the
reapportionment of 40,000 metric tons
of Pacific whiting from the tribal
allocation to the non-tribal commercial
fishery sectors via automatic action on
September 16, 2020. This
reapportionment is to allow full
utilization of the Pacific whiting
resource.
SUMMARY:
The reapportionment of Pacific
whiting went into effect at 12 p.m. local
time, September 16, 2020, and is
effective through December 31, 2020.
Comments will be accepted through
December 1, 2020.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2020–0027
by any of the following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal at
www.regulations.gov/docket?D=NOAANMFS-2020-0027. Click the ‘‘Comment
Now!’’ icon, complete the required
fields, and enter or attach your
comments.
• Mail: Barry A. Thom, Regional
Administrator, West Coast Region,
NMFS, 1201 NE Lloyd Center Blvd.,
Suite #1100, Portland, OR 97232, Attn:
Stacey Miller.
Instructions: Comments sent by any
other method to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record.
All personal identifying information
(e.g., name, address, etc.), confidential
business information, or otherwise
sensitive information submitted
voluntarily by the sender will be
publicly accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
DATES:
PO 00000
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Fmt 4700
Sfmt 4700
This notice is accessible online at the
Office of the Federal Register’s website
at https://www.federalregister.gov/.
Background information and documents
are available at the NMFS West Coast
Region website at https://
www.fisheries.noaa.gov/species/pacificwhiting#management.
FOR FURTHER INFORMATION CONTACT:
Stacey Miller (West Coast Region,
NMFS), phone: 503–231–6290 or email:
Stacey.Miller@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
Pacific Whiting
Pacific whiting (Merluccius
productus) is a very productive species
with highly variable recruitment (the
biomass of fish that mature and enter
the fishery each year) and a relatively
short life span compared to other
groundfish species. Pacific whiting has
the largest annual allowable harvest
levels (by volume) of the more than 90
groundfish species managed under the
Pacific Coast Groundfish Fishery
Management Plan (FMP), which governs
the groundfish fishery off Washington,
Oregon, and California. The coastwide
Pacific whiting stock is managed jointly
by the United States and Canada, and
mature Pacific whiting are commonly
available to vessels operating in U.S.
waters from April through December.
Background on the stock assessment,
and the establishment of the 2020 Total
Allowable Catch (TAC), for Pacific
whiting was provided in the final rule
for the 2020 Pacific whiting harvest
specifications, published June 18, 2020
(85 FR 36803). Pacific whiting is
allocated to the Pacific Coast treaty
tribes (tribal fishery) and to three nontribal commercial sectors: The catcher/
processor cooperative (C/P Coop), the
mothership cooperative (MS Coop), and
the Shorebased Individual Fishery
Quota (IFQ) Program.
This notice announces the
reapportionment of 40,000 metric tons
(mt) of Pacific whiting from the tribal
allocation to the non-tribal commercial
sectors on September 16, 2020.
Regulations at 50 CFR 660.131(h)
contain provisions that allow the
Regional Administrator to reapportion
Pacific whiting from the tribal
allocation, specified at 50 CFR 660.50,
that will not be harvested by the end of
the fishing year to other sectors.
E:\FR\FM\16NOR1.SGM
16NOR1
Federal Register / Vol. 85, No. 221 / Monday, November 16, 2020 / Rules and Regulations
Pacific Whiting Reapportionment
For 2020, the Pacific Coast treaty
tribes were allocated 74,342 mt of
Pacific whiting. The best available
information on September 16, 2020,
indicated that at least 40,000 mt of the
tribal allocation would not be harvested
by December 31, 2020. As required
under the 2017 Endangered Species Act
(ESA) Section 7(a)(2) biological opinion
on the effects of the Pacific Coast
Groundfish Fishery Management Plan
on listed salmonids, NMFS considered
the number and bycatch rate of Chinook
salmon taken by the Pacific whiting
fishery sectors prior to reapportionment.
Based on the best available information
in early September 2020, NMFS
determined there was little risk that the
reapportionment would cause the
Pacific whiting sector fisheries to
exceed the guideline limit of 11,000
Chinook salmon under current
regulations and practices. In early
September, incidental take of Chinook
salmon by the non-tribal sector was 15
percent of the guideline limit. While the
incidental take of Chinook salmon was
higher compared to the same period in
the previous year, the total take this year
is still well below the guideline limit.
To allow for increased utilization of
the resource, on September 16, 2020,
NMFS reapportioned 40,000 mt from
73003
the Tribal sector to the Shorebased IFQ
Program, C/P Coop, and MS Coop in
proportion to each sector’s original
allocation. Reapportioning this amount
is expected to allow for greater
attainment of the TAC while not
limiting tribal harvest opportunities for
the remainder of the year. NMFS
provided notice of the reapportionment
on September 16, 2020, via emails sent
directly to fishing businesses and
individuals. Reapportionment was
effective the same day as the notice.
The amounts of Pacific whiting
available for 2020 before and after the
reapportionment are described in the
table below.
TABLE 1—2020 PACIFIC WHITING ALLOCATIONS
Initial 2020
allocation
(mt)
Sector
Tribal ........................................................................................................................................................................
C/P Coop .................................................................................................................................................................
MS Coop ..................................................................................................................................................................
Shorebased IFQ Program .......................................................................................................................................
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Classification
NOAA’s Assistant Administrator for
Fisheries (AA) finds that good cause
exists for this notification to be issued
without affording prior notice and
opportunity for public comment
pursuant to 5 U.S.C. 553(b)(B), because
such notification would be
impracticable and contrary to the public
interest. As previously noted, NMFS
provided actual notice of the
reapportionment to fishery participants
at the time of the action. Prior notice
and opportunity for public comment on
this reapportionment was impracticable
because NMFS had insufficient time to
provide prior notice between the time
the information about the progress of
the fishery needed to make this
determination became available and the
time at which fishery modifications had
to be implemented in order to allow
fishery participants access to the
available fish during the remainder of
the fishing season. For the same reasons,
the AA also finds good cause to waive
the 30-day delay in effectiveness for
these actions, required under 5 U.S.C.
553(d)(3).
These actions are authorized by
§§ 660.55(i), 660.60(d) and 660.131(h)
and are exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq. and 16
U.S.C. 7001 et seq.
VerDate Sep<11>2014
17:17 Nov 13, 2020
Jkt 253001
Dated: November 10, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–25229 Filed 11–13–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 665
[Docket No. 201109–0298]
RIN 0648–BJ94
Pacific Island Fisheries; Interim
Measures for American Samoa
Bottomfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; interim
measures.
AGENCY:
This temporary rule
implements an interim catch limit (ICL)
of 13,000 lb of American Samoa
bottomfish for fishing years 2020 and
2021 during the effective period of the
rule. NMFS will monitor catches, and if
the fishery reaches the ICL within a
fishing year, we will close the fishery in
Federal waters through the end of the
fishing year, or through the end of the
effective period of this rule, whichever
SUMMARY:
PO 00000
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Fmt 4700
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74,342
118,649
83,752
146,567
Final 2020
allocation
(mt)
34,342
132,249
93,352
163,367
comes first. These interim management
measures are necessary to reduce
overfishing of American Samoa
bottomfish while minimizing socioeconomic impacts to fishing
communities. This temporary rule
supports the long-term sustainability of
American Samoa bottomfish.
DATES: Effective November 16, 2020,
through May 17, 2021.
ADDRESSES: Copies of the Fishery
Ecosystem Plan for the American Samoa
Archipelago (FEP) are available from the
Western Pacific Fishery Management
Council (Council), 1164 Bishop St.,
Suite 1400, Honolulu, HI 96813, tel
808–522–8220, or www.wpcouncil.org.
NMFS prepared an environmental
assessment (EA) that describes the
potential impacts on the human
environment that could result from this
temporary rule. The EA and other
supporting documents are available
from www.regulations.gov/
docket?D=NOAA–NMFS–2020–0099.
FOR FURTHER INFORMATION CONTACT:
Brett Schumacher, NMFS PIR
Sustainable Fisheries, 808–725–5185.
SUPPLEMENTARY INFORMATION: NMFS and
the Western Pacific Fishery
Management Council (Council) manage
the bottomfish fishery in the U.S.
Exclusive Economic Zone (Federal
waters) around American Samoa under
the FEP and the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). Most of the
E:\FR\FM\16NOR1.SGM
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Agencies
[Federal Register Volume 85, Number 221 (Monday, November 16, 2020)]
[Rules and Regulations]
[Pages 73002-73003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25229]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 200610-0156; RTID 0648-XA570]
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2020 Tribal Fishery Allocations for
Pacific Whiting; Reapportionment Between Tribal and Non-Tribal Sectors
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Inseason reapportionment of tribal Pacific whiting allocation.
-----------------------------------------------------------------------
SUMMARY: This document announces the reapportionment of 40,000 metric
tons of Pacific whiting from the tribal allocation to the non-tribal
commercial fishery sectors via automatic action on September 16, 2020.
This reapportionment is to allow full utilization of the Pacific
whiting resource.
DATES: The reapportionment of Pacific whiting went into effect at 12
p.m. local time, September 16, 2020, and is effective through December
31, 2020. Comments will be accepted through December 1, 2020.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2020-0027
by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal at www.regulations.gov/docket?D=NOAA-NMFS-2020-0027. Click the ``Comment Now!'' icon, complete
the required fields, and enter or attach your comments.
Mail: Barry A. Thom, Regional Administrator, West Coast
Region, NMFS, 1201 NE Lloyd Center Blvd., Suite #1100, Portland, OR
97232, Attn: Stacey Miller.
Instructions: Comments sent by any other method to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record. All personal identifying information (e.g., name,
address, etc.), confidential business information, or otherwise
sensitive information submitted voluntarily by the sender will be
publicly accessible. NMFS will accept anonymous comments (enter ``N/A''
in the required fields if you wish to remain anonymous). Attachments to
electronic comments will be accepted in Microsoft Word, Excel, or Adobe
PDF file formats only.
Electronic Access
This notice is accessible online at the Office of the Federal
Register's website at https://www.federalregister.gov/. Background
information and documents are available at the NMFS West Coast Region
website at https://www.fisheries.noaa.gov/species/pacific-whiting#management.
FOR FURTHER INFORMATION CONTACT: Stacey Miller (West Coast Region,
NMFS), phone: 503-231-6290 or email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
Pacific Whiting
Pacific whiting (Merluccius productus) is a very productive species
with highly variable recruitment (the biomass of fish that mature and
enter the fishery each year) and a relatively short life span compared
to other groundfish species. Pacific whiting has the largest annual
allowable harvest levels (by volume) of the more than 90 groundfish
species managed under the Pacific Coast Groundfish Fishery Management
Plan (FMP), which governs the groundfish fishery off Washington,
Oregon, and California. The coastwide Pacific whiting stock is managed
jointly by the United States and Canada, and mature Pacific whiting are
commonly available to vessels operating in U.S. waters from April
through December. Background on the stock assessment, and the
establishment of the 2020 Total Allowable Catch (TAC), for Pacific
whiting was provided in the final rule for the 2020 Pacific whiting
harvest specifications, published June 18, 2020 (85 FR 36803). Pacific
whiting is allocated to the Pacific Coast treaty tribes (tribal
fishery) and to three non-tribal commercial sectors: The catcher/
processor cooperative (C/P Coop), the mothership cooperative (MS Coop),
and the Shorebased Individual Fishery Quota (IFQ) Program.
This notice announces the reapportionment of 40,000 metric tons
(mt) of Pacific whiting from the tribal allocation to the non-tribal
commercial sectors on September 16, 2020. Regulations at 50 CFR
660.131(h) contain provisions that allow the Regional Administrator to
reapportion Pacific whiting from the tribal allocation, specified at 50
CFR 660.50, that will not be harvested by the end of the fishing year
to other sectors.
[[Page 73003]]
Pacific Whiting Reapportionment
For 2020, the Pacific Coast treaty tribes were allocated 74,342 mt
of Pacific whiting. The best available information on September 16,
2020, indicated that at least 40,000 mt of the tribal allocation would
not be harvested by December 31, 2020. As required under the 2017
Endangered Species Act (ESA) Section 7(a)(2) biological opinion on the
effects of the Pacific Coast Groundfish Fishery Management Plan on
listed salmonids, NMFS considered the number and bycatch rate of
Chinook salmon taken by the Pacific whiting fishery sectors prior to
reapportionment. Based on the best available information in early
September 2020, NMFS determined there was little risk that the
reapportionment would cause the Pacific whiting sector fisheries to
exceed the guideline limit of 11,000 Chinook salmon under current
regulations and practices. In early September, incidental take of
Chinook salmon by the non-tribal sector was 15 percent of the guideline
limit. While the incidental take of Chinook salmon was higher compared
to the same period in the previous year, the total take this year is
still well below the guideline limit.
To allow for increased utilization of the resource, on September
16, 2020, NMFS reapportioned 40,000 mt from the Tribal sector to the
Shorebased IFQ Program, C/P Coop, and MS Coop in proportion to each
sector's original allocation. Reapportioning this amount is expected to
allow for greater attainment of the TAC while not limiting tribal
harvest opportunities for the remainder of the year. NMFS provided
notice of the reapportionment on September 16, 2020, via emails sent
directly to fishing businesses and individuals. Reapportionment was
effective the same day as the notice.
The amounts of Pacific whiting available for 2020 before and after
the reapportionment are described in the table below.
Table 1--2020 Pacific Whiting Allocations
------------------------------------------------------------------------
Initial 2020 Final 2020
Sector allocation allocation
(mt) (mt)
------------------------------------------------------------------------
Tribal.................................. 74,342 34,342
C/P Coop................................ 118,649 132,249
MS Coop................................. 83,752 93,352
Shorebased IFQ Program.................. 146,567 163,367
------------------------------------------------------------------------
Classification
NOAA's Assistant Administrator for Fisheries (AA) finds that good
cause exists for this notification to be issued without affording prior
notice and opportunity for public comment pursuant to 5 U.S.C.
553(b)(B), because such notification would be impracticable and
contrary to the public interest. As previously noted, NMFS provided
actual notice of the reapportionment to fishery participants at the
time of the action. Prior notice and opportunity for public comment on
this reapportionment was impracticable because NMFS had insufficient
time to provide prior notice between the time the information about the
progress of the fishery needed to make this determination became
available and the time at which fishery modifications had to be
implemented in order to allow fishery participants access to the
available fish during the remainder of the fishing season. For the same
reasons, the AA also finds good cause to waive the 30-day delay in
effectiveness for these actions, required under 5 U.S.C. 553(d)(3).
These actions are authorized by Sec. Sec. 660.55(i), 660.60(d) and
660.131(h) and are exempt from review under Executive Order 12866.
Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 7001 et seq.
Dated: November 10, 2020.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-25229 Filed 11-13-20; 8:45 am]
BILLING CODE 3510-22-P