Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2021 Harvest Specifications for Pacific Whiting, and 2021 Pacific Whiting Tribal Allocation, 32804-32812 [2021-13150]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 86, Number 118 (Wednesday, June 23, 2021)]
[Rules and Regulations]
[Pages 32804-32812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13150]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 210616-0131]
RIN 0648-BK25


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2021 Harvest Specifications for 
Pacific Whiting, and 2021 Pacific Whiting Tribal Allocation

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

ACTION: Final rule.

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SUMMARY: NMFS issues this final rule to establish the 2021 harvest 
specifications and management measures for Pacific whiting caught in 
the U.S. Exclusive Economic Zone off the coasts of Washington, Oregon, 
and California consistent with the Magnuson-Stevens Fishery 
Conservation and Management Act, the Pacific Whiting Act of 2006, and 
other applicable laws. This rule also establishes the 2021 adjusted 
U.S. Total Allowable Catch (TAC), tribal and non-tribal allocations, 
and research and bycatch set-asides. These measures are intended to 
help prevent overfishing, achieve optimum yield, ensure that management 
measures are based on the best scientific information available and 
ensure the long-term sustainability of Pacific whiting.

DATES: Effective June 23, 2021.

ADDRESSES: This final rule is accessible via the internet at the Office 
of the Federal Register website at https://www.federalregister.gov. 
Background information and documents are available at the NMFS website 
at https://www.fisheries.noaa.gov and at the Pacific Fishery Management 
Council's website at https://www.pcouncil.org/.

FOR FURTHER INFORMATION CONTACT: Stacey Miller, phone: 503-231-6290, 
and email: [email protected].

[[Page 32805]]


SUPPLEMENTARY INFORMATION:

Background

    The transboundary stock of Pacific whiting is managed through the 
agreement between the Government of the United States of America and 
the Government of Canada on Pacific Hake/Whiting of 2003, Nov. 21, 
2003, Treaties and Other International Act Series (TIAS) 08-625 
(Agreement). NMFS issued a proposed rule on February 16, 2021 (86 FR 
9473) that describes the Agreement, including the establishment of F-40 
percent default harvest rate, the explicit allocation of Pacific 
whiting coastwide total allowable catch (TAC) to the United States 
(73.88 percent) and Canada (26.12 percent), the bilateral bodies to 
implement the terms of the Agreement, including the Joint Management 
Committee (JMC), and the process used to determine the coastwide TAC 
under the Agreement. The proposed rule also proposed allocating 17.5 
percent of the U.S. TAC of Pacific whiting for 2021 to Pacific Coast 
Indian tribes that have a treaty right to harvest groundfish, and 
implementing set-asides (750 metric tons (mt)) for Pacific whiting for 
research and incidental mortality in other fisheries.
    On March 15-17, the JMC and Advisory Panel (AP) met remotely to 
determine the 2021 coastwide TAC for Pacific whiting, however, they did 
not reach a bilateral agreement on the coastwide TAC. Given this lack 
of bilateral agreement, NMFS issued a revised proposed rule (86 FR 
23659) on May 4, 2021 that included the 2021 coastwide and U.S. TACs, 
as determined by NMFS under the Pacific Whiting Act of 2006 (Pacific 
Whiting Act), and the 2021 non-tribal sector allocation. The revised 
proposed rule also included the tribal allocation and set asides for 
research and incidental mortality in other fisheries that was included 
in the original proposed rule.
    This final rule establishes the 2021 Pacific whiting harvest 
specifications, including the adjusted coastwide TAC of 500,000 mt and 
the adjusted U.S. TAC of 369,400 mt. The final rule also establishes 
the 2021 tribal allocation of 17.5 percent of the U.S. TAC (64,645 mt), 
allocations for the three non-tribal commercial whiting sectors, and 
set-asides for research and incidental mortality of Pacific whiting as 
recommended by the Pacific Fishery Management Council (Council). The 
allocations for Pacific whiting are effective until December 31, 2021.

2021 Pacific Whiting Harvest Specifications

    The 2021 JMC and AP met remotely March 15-17, 2021 but did not 
reach a bilateral agreement on the coastwide TAC. The Agreement does 
not specify a procedure for when the JMC does not agree on a coastwide 
TAC. However, the Pacific Whiting Act (16 U.S.C. 7006(c)) identifies 
procedures for when the JMC does not recommend a final coastwide TAC. 
The Pacific Whiting Act states that NMFS (as delegated by the Secretary 
of Commerce) should establish the Pacific whiting TAC, taking into 
account recommendations from the Pacific whiting treaty bodies, and the 
Council. The Pacific Whiting Act requires NMFS to base the coastwide 
TAC decision on the best scientific information available, and use the 
Agreement's default harvest rate unless scientific information 
indicates a different rate is necessary to sustain the Pacific whiting 
resource. The Pacific Whiting Act also requires NMFS to establish the 
U.S. share of the TAC based on the U.S./Canada percentage split in the 
Agreement. Finally, the Pacific Whiting Act requires NMFS to make the 
necessary adjustments to the TAC specified in the Agreement. Paragraph 
5 of Article II of the Agreement requires adjustments to the coastwide 
TAC to account for overages if either U.S. or Canadian catch in the 
previous year exceeded its individual TAC, or carryovers if U.S. or 
Canadian catch was less than its individual TAC in the previous year. 
Both the United States and Canada harvested less than their individual 
TACs in 2020, therefore carryover is applied to the 2021 individual 
TACs.
    Taking into account the percentage shares for each country (26.12 
percent for Canada and 73.88 percent for the United States) and the 
adjustments for uncaught fish, as required by the Pacific Whiting Act, 
this final rule announces a final adjusted coastwide TAC of 500,000 mt 
and a final adjusted TAC for the United States of 369,400 mt (314,320 
mt + 55,080 mt carryover adjustment). Following the Act's criteria, 
NMFS analyzed a range of alternatives in the revised proposed rule (86 
FR 23659; May 4, 2021) and determined a final adjusted coastwide TAC of 
500,000 mt maintains the sustainability of the Pacific whiting stock 
and balances the economic needs of coastal communities. This TAC is 
well below the default level of F-40 percent and is supported by the 
recommendations from the JMC and its advisory bodies, and is consistent 
with the best scientific information available, provisions of the 
Agreement, and the Pacific Whiting Act.

Tribal Allocations

    This final rule establishes the tribal allocation of Pacific 
whiting for 2021 as described in the revised proposed rule (86 FR 
23659; May 4, 2021). Since 1996, NMFS has been allocating a portion of 
the U.S. TAC of Pacific whiting to the tribal fishery. Regulations for 
the Pacific Coast Groundfish Fishery Management Plan (FMP) specify that 
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. NMFS is establishing the 
2021 tribal allocation as 64,645 mt (17.5 percent of the U.S. TAC) in 
this final rule.
    In 2009, NMFS, the states of Washington and Oregon, and the tribes 
with treaty rights to harvest Pacific whiting started a process to 
determine the long-term tribal allocation for Pacific whiting; however, 
no long-term allocation has been determined. While new scientific 
information or discussions with the relevant parties may impact that 
decision, the best available scientific information to date suggests 
that 64,645 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 Pacific 
whiting to which the Tribes are entitled under their treaty right. 
Rather, this rule adopts an interim allocation. The long-term tribal 
treaty amount will be based on further development of scientific 
information and additional coordination and discussion with and among 
the coastal tribes and the states of Washington and Oregon.

Harvest Guidelines and Allocations

    This final rule establishes the fishery harvest guideline (HG), 
also called the non-tribal allocation, as described in the revised 
proposed rule published on May 4, 2021 (86 FR 23659). The 2021 fishery 
HG for Pacific whiting is 304,005 mt. This amount was determined by 
deducting the 64,645 mt tribal allocation and the 750 mt allocation for 
scientific research catch and fishing mortality in non-groundfish 
fisheries from the total U.S. TAC of 369,400 mt. The Council recommends 
the research and bycatch set-aside on an annual basis, based on 
estimates of scientific research catch and estimated bycatch mortality 
in non-groundfish fisheries. The regulations further allocate the 
fishery HG among the three non-tribal

[[Page 32806]]

sectors of the Pacific whiting fishery: The catcher/processor (C/P) 
Coop Program, the Mothership (MS) Coop Program, and the Shorebased 
Individual Fishing Quota (IFQ) Program. The C/P Coop Program is 
allocated 34 percent (103,362 mt for 2021), the MS Coop Program is 
allocated 24 percent (72,961 mt for 2021), and the Shorebased IFQ 
Program is allocated 42 percent (127,682 mt for 2021). The fishery 
south of 42[deg] N lat. may not take more than 6,384 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.

Table 1--2021 U.S. Pacific Whiting Total Allowable Catch and Allocations
                             in Metric Tons
------------------------------------------------------------------------
                                                           2021 Pacific
                                                              whiting
                                                              harvest
                                                          specifications
                                                               (mt)
------------------------------------------------------------------------
Adjusted U.S. TAC.......................................         369,400
Tribal..................................................          64,645
Catcher/Processor (C/P) Coop Program....................         103,362
Mothership (MS) Coop Program............................          72,961
Shorebased IFQ Program..................................         127,682
------------------------------------------------------------------------

Comments and Responses

    NMFS issued a proposed rule on February 16, 2021 (86 FR 9473) that 
proposed allocating 17.5 percent of the U.S. TAC of Pacific whiting for 
2021 to Pacific Coast Indian tribes that have a treaty right to harvest 
groundfish, and implement set-asides (750 mt) for Pacific whiting for 
research and incidental mortality in other fisheries. The comment 
period on the proposed rule closed on March 18, 2021. NMFS did not 
receive any public comments. On May 4, 2021, NMFS issued a revised 
proposed rule to include additional actions due to the lack of a 
bilateral agreement on the 2021 Pacific whiting coastwide TAC by the 
JMC under the Agreement. The revised proposed rule included the 2021 
adjusted coastwide TAC and U.S. TAC for Pacific whiting as determined 
by NMFS under the Pacific Whiting Act, the non-tribal sector 
allocations, and the tribal allocation and set-asides included in the 
original proposed rule. We requested public comment on these proposed 
actions through May 19, 2021 but received no public comments during the 
comment period.

Changes From the Proposed Rule

    NMFS has not made any changes to the proposed regulatory text and 
there are no substantive changes from the revised proposed rule.

Classification

    The Administrator, West Coast Region, NMFS, determined that the 
final rule is necessary for the conservation and management of the 
Pacific whiting and that it is consistent with section 304(b)(1)(A) and 
305(d), and other provisions of the Magnuson-Stevens Fishery 
Conservation and Management Act, the Pacific Coast Groundfish FMP, and 
other applicable laws.
    Pursuant to 5 U.S.C. 553(d)(3), the NMFS Assistant Administrator 
finds good cause to waive the 30-day delay in the date of effectiveness 
for this final rule because such a delay would be contrary to the 
public interest. If this final rule were delayed by 30 days, Pacific 
coast whiting fishermen would not be able to fish under the final catch 
limits for Pacific whiting for that time period, and not be able to 
realize the full level of economic opportunity this rule provides. 
Waiving the 30-day delay in the date of effectiveness will allow this 
final rule to more fully benefit the fishery through increased fishing 
opportunities as described in the preamble of this rule.
    In addition, because this rule increases catch limits for Pacific 
whiting compared to the interim allocation the fishery is currently 
operating under, it therefore also falls within the 5 U.S.C. 553(d)(1) 
exception to the 30-day delay in the date of effectiveness requirement. 
The Pacific whiting fishery season began fishing on May 15, 2021 under 
interim allocations based on the lowest coastwide TAC considered in the 
revised proposed rule. This final rule implements a higher TAC for 
Pacific whiting and implementing the rule upon publication provides the 
whiting fleet more opportunity and greater flexibility to harvest the 
optimal yield.
    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. Making 
this rule effective immediately would also serve the best interests of 
the public because it will allow for the longest possible fishing 
season for Pacific whiting 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 Office of Management and Budget has determined that this 
proposed rule is not significant for purposes of Executive Order 12866.
    A range of potential harvest levels for Pacific whiting have been 
considered under the Final Environmental Impact Statement for Harvest 
Specifications and Management Measures for 2015-2016 and Biennial 
Periods thereafter (2015/16 FEIS). The 2015/16 FEIS examined the 
harvest specifications and management measures for 2015-16 and 10 year 
projections for routinely adjusted harvest specifications and 
management measures. The 10 year projections were produced to evaluate 
the impacts of the ongoing implementation of harvest specifications and 
management measures and to evaluate the impacts of the routine 
adjustments that are the main component of each biennial cycle. The 
Environmental Assessment for Amendment 29 to the Pacific Coast 
Groundfish Fishery Management Plan and 2021-22 Harvest Specifications 
and Management Measures (2021-22 EA) for the 2021-22 cycle tiers from 
the 2015/16 FEIS and focuses on the harvest specifications and 
management measures for Pacific coast groundfish stocks that were not 
within the scope of the 10 year projections in the 2015/16 FEIS. The 
2015/16 FEIS and 2021-22 EA are available from NMFS (see ADDRESSES).

Final Regulatory Flexibility Analysis

    NMFS published a revised proposed rule on May 4, 2021 (86 FR 
23659), for the 2021 Harvest Specifications for Pacific Whiting, and 
2021 tribal allocation for Pacific whiting. An Initial Regulatory 
Flexibility Analysis (IRFA) was prepared and summarized in the 
Classification section of the preamble to the revised proposed rule. 
The comment period on the revised proposed rule ended on May 19, 2021. 
NMFS did not receive any public comments on the revised proposed rule. 
The Chief Counsel for Advocacy of the Small Business Administration 
(SBA) did not file any comments on the IRFA or the revised proposed 
rule. The description of this action, its purpose, and its legal basis 
are described in the preamble to the revised proposed rule and are not 
repeated here. A Final Regulatory Flexibility Analysis (FRFA) was 
prepared and incorporates the IRFA. There were no public comments 
received on the IRFA. NMFS also prepared a RIR for this action. A copy 
of the RIR/FRFA is available from NMFS (see ADDRESSES). A summary of 
the FRFA, per the requirements of 5 U.S.C. 604 follows.

[[Page 32807]]

    Under the Regulatory Flexibility Act (RFA), the term ``small 
entities'' includes small businesses, small organizations, and small 
governmental jurisdictions. The Small Business Administration has 
established size criteria for entities involved in the fishing industry 
that qualify as small businesses. A business involved in fish 
harvesting is a small business if it is independently owned and 
operated and not dominant in its field of operation (including its 
affiliates) and if it has combined annual receipts, not in excess of 
$11 million for all its affiliated operations worldwide (see 80 FR 
81194, December 29, 2015). A wholesale business servicing the fishing 
industry is a small business if it employs 100 or fewer persons on a 
full time, part time, temporary, or other basis, at all its affiliated 
operations worldwide. A small organization is any nonprofit enterprise 
that is independently owned and operated and is not dominant in its 
field. Effective February 26, 2016, a seafood processor is a small 
business if it is independently owned and operated, not dominant in its 
field of operation, and employs 750 or fewer persons on a full time, 
part time, temporary, or other basis, at all its affiliated operations 
worldwide (See NAICS 311710 at 81 FR 4469; January 26, 2016). For 
purposes of rulemaking, NMFS is also applying the seafood processor 
standard to catcher processors because whiting C/Ps earn the majority 
of the revenue from processed seafood product.

A Summary of the Significant Issues Raised by the Public in Response to 
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a 
Statement of Any Changes Made in the Final Rule as a Result of Such 
Comments

    No public comments were received on the revised proposed rule.

Description and Estimate of the Number of Small Entities to Which the 
Rule Applies, and Estimate of Economic Impacts by Entity Size and 
Industry

    This final rule establishes the adjusted coastwide and U.S. TACs 
and affects how Pacific whiting is allocated to the following sectors/
programs: Tribal, Shorebased IFQ Program Trawl Fishery, MS Coop Program 
Whiting At-sea Trawl Fishery, and C/P Coop Program Whiting At-sea Trawl 
Fishery. The amount of Pacific whiting allocated to these sectors is 
based on the adjusted U.S. TAC.
    We expect one tribal entity to fish for Pacific whiting in 2021. 
Tribes are not considered small entities for the purposes of RFA. 
Impacts to tribes are nevertheless considered in this analysis.
    As of January 2021, the Shorebased IFQ Program is composed of 166 
Quota Share permits/accounts (134 of which were allocated whiting quota 
pounds), and 35 first receivers, one of which is designated as whiting-
only receivers and 11 that may receive both whiting and non-whiting.
    These regulations also directly affect participants in the MS Co-op 
Program, a general term to describe the limited access program that 
applies to eligible harvesters and processors in the MS sector of the 
Pacific whiting at-sea trawl fishery. This program consists of six MS 
processor permits, and a catcher vessel fleet currently composed of a 
single co-op, with 34 Mothership/Catcher Vessel (MS/CV) endorsed 
permits. Three MS/CV permits each have two catch history assignments, 
and the remaining MS/CV permits each have one catch history assignment.
    These regulations also directly affect the C/P Co-op Program, 
composed of 10 C/P endorsed permits owned by three companies that have 
formed a single coop. These co-ops are considered large entities from 
several perspectives; they have participants that are large entities, 
and have in total more than 750 employees worldwide including 
affiliates.
    Although there are three non-tribal sectors, many companies 
participate in two sectors and some participate in all three sectors. 
As part of the permit application processes for the non-tribal 
fisheries, based on a review of the Small Business Administration size 
criteria, permit applicants are asked if they considered themselves a 
``small'' business, and they are asked to provide detailed ownership 
information. Data on employment worldwide, including affiliates, are 
not available for these companies, which generally operate in Alaska as 
well as the West Coast and may have operations in other countries as 
well. NMFS has limited entry permit holders self-report size status. 
For 2021, all 10 CP permits, 3 MS permits and 8 mothership catcher 
vessels reported they are not small businesses. There is substantial, 
but not complete overlap between permit ownership and vessel ownership 
so there may be a small number of additional small entity vessel owners 
who will be impacted by this rule. 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 proposed regulations, 89 of which 
are considered ``small'' businesses.
    This rule will allocate Pacific whiting between tribal and non-
tribal harvesters (a mixture of small and large businesses). Tribal 
fisheries consist of a mixture of fishing activities that are similar 
to the activities that non-tribal fisheries undertake. Tribal harvests 
may be delivered to both shoreside plants and motherships for 
processing. These processing facilities also process fish harvested by 
non-tribal fisheries. The effect of the tribal allocation on non-tribal 
fisheries will depend on the level of tribal harvests relative to their 
allocation and the reapportionment process. If the tribes do not 
harvest their entire allocation, there are opportunities during the 
year to reapportion unharvested tribal amounts to the non-tribal 
fleets. For example, in 2020 NMFS reapportioned 40,000 mt of the 
original 74,342 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. The reapportioning process 
allows unharvested tribal allocations of Pacific whiting to be fished 
by the non-tribal fleets, benefitting both large and small entities. 
The revised Pacific whiting allocations for 2020 following the 
reapportionment were: Tribal 34,342 mt, C/P Co-op 132,249 mt; MS Co-op 
93,352 mt; and Shorebased IFQ Program 163,367 mt.
    The prices for Pacific whiting are largely determined by the world 
market because most of the Pacific whiting harvested in the United 
States is exported. The U.S. Pacific whiting TAC is highly variable, as 
have been subsequent harvests and ex-vessel revenues. For the years 
2016 to 2020, the total Pacific whiting fishery (tribal and non-tribal) 
harvested on average 303,782 mt annually. The 2020 U.S. non-tribal 
fishery had a Pacific whiting catch of approximately 287,400 mt, and 
the tribal fishery landed less than 200 mt.
    Impacts to the U.S. non-tribal fishery are measured with an 
estimate of ex-vessel revenue. The NMFS proposed adjusted coastwide TAC 
of 500,000 mt would result in an adjusted U.S. TAC of 369,400 mt and 
U.S. non-tribal harvest guideline of 304,005 mt. Using the 2020 
weighted-average non-tribal Oregon shoreside price per metric ton (e.g. 
$154 per metric ton), and assuming full utilization, the TAC of 500,000 
mt is estimated to result in a projected ex-vessel revenue of $46.9 
million for the U.S. non-tribal fishing fleet. The low and high range 
of the coastwide TAC NMFS considered (475,000 mt and

[[Page 32808]]

565,191 mt, respectively) is estimated to result in a projected ex-
vessel revenue range of $44.5 million to $53 million, respectively, 
assuming full utilization of the TAC.
    Impacts to tribal catcher vessels who elect to participate in the 
tribal fishery are measured with an estimate of ex-vessel revenue. In 
lieu of more complete information on tribal deliveries, total ex-vessel 
revenue is estimated with the 2020 average non-tribal Oregon shoreside 
ex-vessel price of Pacific whiting, which was $154 per metric ton. At 
that price, the 2020 tribal allocation of 64,645 mt would have an ex-
vessel value of $10 million.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    There are no reporting, recordkeeping or other compliance 
requirements in the final rule. No Federal rules have been identified 
that duplicate, overlap, or conflict with this action.

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

    This action determines the 2021 adjusted coastwide TAC of 500,000 
mt, with a corresponding adjusted U.S. TAC of 369,400 mt. NMFS 
considered a ``No Action'' alternative as well as a range of 
alternatives for setting the Pacific whiting coastwide TAC. NMFS 
considered setting the coastwide TAC between 475,000 mt to 565,191 mt. 
A coastwide TAC at the bottom of the range (475,000 mt) may provide 
less economic opportunity for 2021 as compared to a coastwide TAC of 
500,000 mt. A higher coastwide TAC of 565,191 mt may offer an increased 
economic opportunity for 2021 as compared to a coastwide TAC of 500,000 
mt. However, the 2021 stock assessment projections indicate this higher 
catch levels may result in near-term stock biomass declines below 
target levels. This is contrary to the Pacific Whiting Act and 
Agreement, which requires sustainable management of the Pacific whiting 
resource. Under the no action alternative, NMFS would not set a 
coastwide TAC, which would not fulfill NMFS' responsibility to manage 
the U.S. fishery. Therefore this alternative received no further 
consideration.
    NMFS considered two alternatives for the Pacific whiting tribal 
allocation: the ``No Action'' and the ``Proposed Action.'' NMFS did not 
consider a broader range of alternatives to the proposed tribal 
allocation because the tribal allocation is a percent of the adjusted 
U.S. TAC and is based primarily on the requests of the tribes. These 
requests reflect the level of participation in the fishery that will 
allow them to exercise their treaty right to fish for Pacific whiting.
    Under the Proposed Action alternative, NMFS proposes to set the 
tribal allocation percentage at 17.5 percent, as requested by the 
Tribes. This would yield a tribal allocation of 64,645 mt for 2021. 
Consideration of a percentage lower than the tribal request of 17.5 
percent is not appropriate in this instance. As a matter of policy, 
NMFS has historically supported the harvest levels requested by the 
Tribes. Based on the information available to NMFS, the tribal request 
is within their tribal treaty rights. A higher percentage would 
arguably also be within the scope of the treaty right. However, a 
higher percentage would unnecessarily limit the non-tribal fishery.
    Under the no action alternative, NMFS would not make an allocation 
to the tribal sector. This alternative was considered, but the 
regulatory framework provides for a tribal allocation on an annual 
basis only. Therefore, the no action alternative would result in no 
allocation of Pacific whiting to the tribal sector in 2021, which would 
be inconsistent with NMFS' responsibility to manage the fishery 
consistent with the Tribes' treaty rights. Given that there is a tribal 
request for allocation in 2021, this alternative received no further 
consideration.

Regulatory Flexibility Act (RFA) Determination of No Significant Impact

    NMFS determined this rule does not adversely affect small entities. 
The reapportioning process allows unharvested tribal allocations of 
Pacific whiting, fished by small entities, to be fished by the non-
tribal fleets, benefitting both large and small entities.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. A small 
entity compliance guide will be sent to stakeholders, and copies of the 
final rule and guides (i.e., information bulletins) are available from 
NMFS at the following website: https://www.fisheries.noaa.gov/species/pacific-whiting#management.

Consultation and Coordination With Indian Tribal Governments

    Pursuant to Executive Order 13175, this final rule was developed 
after meaningful consultation and collaboration with tribal officials 
from the area covered by the Pacific Coast Groundfish FMP. Under the 
Magnuson-Stevens Act at 16 U.S.C. 1852(b)(5), one of the voting members 
of the Pacific Council must be a representative of an Indian tribe with 
federally recognized fishing rights from the area of the Council's 
jurisdiction. In addition, regulations implementing the Pacific Coast 
Groundfish FMP establish a procedure by which the tribes with treaty 
fishing rights in the area covered by the Pacific Coast Groundfish FMP 
request new allocations or regulations specific to the tribes, in 
writing, before the first of the two meetings at which the Council 
considers groundfish management measures. The regulations at 50 CFR 
660.324(d) further state, the Secretary will develop tribal allocations 
and regulations under this paragraph in consultation with the affected 
tribe(s) and, insofar as possible, with tribal consensus. The tribal 
management measures in this final rule have been developed following 
these procedures.
    With this final rule, NMFS, acting on behalf of the Secretary, 
determined that the FMP is implemented in a manner consistent with 
treaty rights of four Treaty Tribes to fish in their ``usual and 
accustomed grounds and stations'' in common with non-tribal citizens. 
United States v. Washington, 384 F. Supp. 313 (W.D. Wash. 1974).
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 660

    Fisheries, Fishing, Indian fisheries.

    Dated: June 17, 2021.
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.


[[Page 32809]]



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 2021 is 64,645 mt.
* * * * *

0
3. Revise Table 1a to part 660, subpart C, to read as follows:

  Table 1a to Part 660, Subpart C--2021, Specifications of OFL, ABC, ACL, ACT and Fishery HG (Weights in Metric
                                     Tons) Capitalized Stocks Are Rebuilding
----------------------------------------------------------------------------------------------------------------
                                                                                                   Fishery HG b/
            Stocks                    Area              OFL             ABC           ACL a/
----------------------------------------------------------------------------------------------------------------
Yelloweye Rockfish c/.........  Coastwide.......              97              83              50            41.2
Arrowtooth Flounder d/........  Coastwide.......          13,551           9,933           9,933         7,837.9
Big Skate e/..................  Coastwide.......           1,690           1,477           1,477         1,419.7
Black Rockfish f/.............  California (S of             379             348             348           345.7
                                 42[deg] N lat).
Black Rockfish g/.............  Washington (N of             319             293             293           274.9
                                 46[deg]16' N
                                 lat).
Bocaccio h/...................  S of 40[deg]10'            1,887           1,748           1,748         1,700.2
                                 N lat.
Cabezon i/....................  California (S of             225             210             210           208.7
                                 42[deg] N lat).
California Scorpionfish j/....  S of 34[deg]27'              319             291             291           287.1
                                 N lat.
Canary Rockfish k/............  Coastwide.......           1,459           1,338           1,338         1,268.6
Chilipepper l/................  S of 40[deg]10'            2,571           2,358           2,358         2,260.3
                                 N lat.
Cowcod m/.....................  S of 40[deg]10'              114              84              84            72.8
                                 N lat.
    Cowcod....................  (Conception)....              95              72              NA              NA
    Cowcod....................  (Monterey)......              19              11              NA              NA
Darkblotched Rockfish n/......  Coastwide.......             953             882             882           862.9
Dover Sole o/.................  Coastwide.......          93,547          84,192          50,000        48,402.8
English Sole p/...............  Coastwide.......          11,107           9,175           9,175        8,924.37
Lingcod q/....................  N of 40[deg]10'            5,816           5,386           5,369         5,090.6
                                 N lat.
Lingcod r/....................  S of 40[deg]10'            1,255           1,162           1,102           1,089
                                 N lat.
Longnose Skate s/.............  Coastwide.......           2,086           1,823           1,823         1,571.6
Longspine Thornyhead t/.......  N of 34[deg]27'            5,097           3,466           2,634         2,580.3
                                 N lat.
Longspine Thornyhead u/.......  S of 34[deg]27'   ..............  ..............             832           829.8
                                 N lat.
Pacific Cod v/................  Coastwide.......           3,200           1,926           1,600         1,093.9
Pacific Ocean Perch w/........  N of 40[deg]10'            4,497           3,854           3,854         3,829.3
                                 N lat.
Pacific Whiting x/............  Coastwide.......         565,191            (x/)            (x/)         304,005
Petrale Sole y/...............  Coastwide.......           4,402           4,115           4,115         3,727.5
Sablefish z/..................  N of 36[deg] N             9,402           8,791           6,892    See Table 1c
                                 lat.
Sablefish aa/.................  S of 36[deg] N    ..............  ..............           1,899         1,871.6
                                 lat.
Shortspine Thornyhead bb/.....  N of 34[deg]27'            3,211           2,183           1,428         1,349.6
                                 N lat.
Shortspine Thornyhead cc/.....  S of 34[deg]27'   ..............  ..............             756           749.3
                                 N lat.
Spiny Dogfish dd/.............  Coastwide.......           2,479           1,621           1,621           1,277
Splitnose ee/.................  S of 40[deg]10'            1,868           1,666           1,666         1,647.6
                                 N lat.
Starry Flounder ff/...........  Coastwide.......             652             392             392           343.6
Widow Rockfish gg/............  Coastwide.......          15,749          14,725          14,725        14,476.7
Yellowtail Rockfish hh/.......  N of 40[deg]10'            6,534           6,050           6,050         5,012.5
                                 N lat.
----------------------------------------------------------------------------------------------------------------
                                                 Stock Complexes
----------------------------------------------------------------------------------------------------------------
Blue/Deacon/Black Rockfish ii/  Oregon..........             676             603             603           600.7
Cabezon/Kelp Greenling jj/....  Oregon..........             215             198             198           197.8
Cabezon/Kelp Greenling kk/....  Washington......              25              20              20            18.0
Nearshore Rockfish North ll/..  N of 40[deg]10'               94              79              79            75.9
                                 N lat.
Nearshore Rockfish South mm/..  S of 40[deg]10'            1,232           1,016           1,016         1,011.6
                                 N lat.
Other Fish nn/................  Coastwide.......             286             223             223           201.7
Other Flatfish oo/............  Coastwide.......           7,714           4,802           4,802         4,581.1
Shelf Rockfish North pp/......  N of 40[deg]10'            1,888           1,511           1,511         1,438.7
                                 N lat.
Shelf Rockfish South qq/......  S of 40[deg]10'            1,842           1,439           1,438         1,305.2
                                 N lat.
Slope Rockfish North rr/......  N of 40[deg]10'            1,862           1,595           1,595         1,529.1
                                 N lat.
Slope Rockfish South ss/......  S of 40[deg]10'              873             709             709           670.1
                                 N lat.
----------------------------------------------------------------------------------------------------------------
a/ Annual catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total
  catch values.
b/ Fishery HGs means the HG 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/ Yelloweye rockfish. The 50 mt ACL is based on the current rebuilding plan with a target year to rebuild of
  2029 and an SPR harvest rate of 65 percent. 8.85 mt is deducted from the ACL to accommodate the Tribal fishery
  (5 mt), EFP catch (0.24 mt), research (2.92 mt), and the incidental open access fishery (0.69 mt) resulting in
  a fishery HG of 41.2 mt. The non-trawl HG is 37.9 mt. The combined non-nearshore/nearshore HG is 7.9 mt.
  Recreational HGs are: 9.7 mt (Washington); 8.8 mt (Oregon); and 11.4 mt (California). In addition, the non-
  trawl ACT is 29.5, and the combined non-nearshore/nearshore ACT is 6.2 mt. Recreational ACTs are: 7.5 mt
  (Washington), 6.9 (Oregon), and 8.9 mt (California).
d/ Arrowtooth flounder. 2,095.08 mt is deducted from the ACL to accommodate the Tribal fishery (2,041 mt), EFP
  fishing (0.1 mt), research (12.98 mt) and incidental open access (41 mt), resulting in a fishery HG of 7,837.9
  mt.
e/ Big skate. 57.31 mt is deducted from the ACL to accommodate the Tribal fishery (15 mt), EFP fishing (0.1 mt),
  and research catch (5.49 mt), and incidental open access (36.72 mt), resulting in a fishery HG of 1,419.7 mt.
f/ Black rockfish (California). 2.26 mt is deducted from the ACL to accommodate EFP fishing (1.0 mt), research
  (0.08 mt), and incidental open access (1.18 mt), resulting in a fishery HG of 345.7 mt.
g/ Black rockfish (Washington). 18.1 mt is deducted from the ACL to accommodate the Tribal fishery (18 mt) and
  research catch (0.1 mt), resulting in a fishery HG of 274.9 mt.

[[Page 32810]]

 
h/ Bocaccio south of 40[deg]10' N lat. 47.82 mt is deducted from the ACL to accommodate EFP catch (40 mt),
  research (5.6 mt), and incidental open access (2.22 mt), resulting in a fishery HG of 1,700.2 mt. The combined
  non-nearshore and nearshore HG is 320.2 mt. The California recreational fishery HG is 716.2 mt.
i/ Cabezon (California). 1.28 mt is deducted from the ACL to accommodate EFP (1 mt), research (0.02 mt), and
  incidental open access fishery (0.26 mt), resulting in a fishery HG of 208.7 mt.
j/ California scorpionfish south of 34[deg]27' N lat. 3.89 mt is deducted from the ACL to accommodate research
  (0.18 mt) and the incidental open access fishery (3.71 mt), resulting in a fishery HG of 287.1 mt.
k/ Canary rockfish. 69.39 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), EFP catch (8
  mt), and research catch (10.08 mt), and the incidental open access fishery (1.31 mt), resulting in a fishery
  HG of 1,268.6 mt. The combined nearshore/non-nearshore HG is 126.6 mt. Recreational HGs are: 43.3 mt
  (Washington); 65.1 mt (Oregon); and 116.7 mt (California).
l/ Chilipepper rockfish south of 40[deg]10' N lat. 97.7 mt is deducted from the ACL to accommodate EFP fishing
  (70 mt), research (14.04 mt), the incidental open access fishery (13.66 mt), resulting in a fishery HG of
  2,260.3 mt.
m/ Cowcod south of 40[deg]10' N lat. 11.17 mt is deducted from the ACL to accommodate EFP fishing (1.0 mt),
  research (10 mt), and incidental open access (0.17 mt), resulting in a fishery harvest guideline of 72.8 mt. A
  single ACT of 50 mt is being set for the Conception and Monterey areas combined.
n/ Darkblotched rockfish. 19.06 mt is deducted from the ACL to accommodate the Tribal fishery (0.2 mt), EFP
  catch (0.6 mt), and research catch (8.46 mt), and the incidental open access fishery (9.8 mt) resulting in a
  fishery HG of 862.9 mt.
o/ Dover sole. 1,597.21 mt is deducted from the ACL to accommodate the Tribal fishery (1,497 mt), EFP fishing
  (0.1 mt), research (50.84 mt), and incidental open access (49.27 mt), resulting in a fishery HG of 48,402.8
  mt.
p/ English sole. 250.63 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), EFP fishing (0.1
  mt), research (8.01 mt), and the incidental open access fishery (42.52 mt), resulting in a fishery HG of
  8,924.37 mt.
q/ Lingcod north of 40[deg]10' N lat. 278.38 mt is deducted from the ACL for the Tribal fishery (250 mt), EFP
  catch (0.1 mt), research (16.6 mt), and the incidental open access fishery (11.68 mt) resulting in a fishery
  HG of 5,090.6 mt.
r/ Lingcod south of 40[deg]10' N lat. 13 mt is deducted from the ACL to accommodate EFP catch (1.5 mt), research
  (3.19 mt), and incidental open access fishery (8.31 mt), resulting in a fishery HG of 1,089 mt.
s/ Longnose skate. 251.40 mt is deducted from the ACL to accommodate the Tribal fishery (220 mt), EFP catch (0.1
  mt), and research catch (12.46 mt), and incidental open access fishery (18.84 mt), resulting in a fishery HG
  of 1,571.6 mt.
t/ Longspine thornyhead north of 34[deg]27' N lat. 53.71 mt is deducted from the ACL to accommodate the Tribal
  fishery (30 mt), research catch (17.49 mt), and the incidental open access fishery (6.22 mt), resulting in a
  fishery HG of 2,580.3 mt.
u/ Longspine thornyhead south of 34[deg]27' N lat. 2.24 mt is deducted from the ACL to accommodate research
  catch (1.41 mt) and the incidental open access fishery (0.8 mt), resulting in a fishery HG of 829.6 mt.
v/ Pacific cod. 506.1 mt is deducted from the ACL to accommodate the Tribal fishery (500 mt), EFP fishing (0.1
  mt), research catch (5.47 mt), and the incidental open access fishery (0.53 mt), resulting in a fishery HG of
  1,093.9 mt.
w/ Pacific ocean perch north of 40[deg]10' N lat. 24.73 mt is deducted from the ACL to accommodate the Tribal
  fishery (9.2 mt), EFP fishing (0.1 mt), research catch (5.39 mt), and the incidental open access fishery
  (10.04 mt), resulting in a fishery HG of 3,829.3 mt.
x/ Pacific whiting. The 2021 OFL of 565,191 mt is based on the 2021 assessment with an F40 percent of FMSY
  proxy. The 2021 coastwide adjusted Total Allowable Catch (TAC) is 500,000 mt. The U.S. TAC is 73.88 percent of
  the coastwide TAC. The 2021 adjusted U.S. TAC is 369,400 mt (314,320 mt unadjusted TAC + 55,080 mt carryover
  adjustment). From the adjusted U.S. TAC, 64,645 mt is deducted to accommodate the Tribal fishery, and 750 mt
  is deducted to accommodate research and bycatch in other fisheries, resulting in a 2021 fishery HG of 304,005
  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/ Petrale sole. 387.54 mt is deducted from the ACL to accommodate the Tribal fishery (350 mt), EFP catch (0.1
  mt), research (24.14 mt), and the incidental open access fishery (13.3 mt), resulting in a fishery HG of
  3,727.5 mt.
z/ Sablefish north of 36[deg] N lat. This coastwide ACL value is not specified in regulations. The coastwide ACL
  value is apportioned north and south of 36[deg] N lat., using a rolling 5-year average estimated swept area
  biomass from the NMFS NWFSC trawl survey, with 78.4 percent apportioned north of 36[deg] N lat. and 21.6
  percent apportioned south of 36[deg] N lat. The northern ACL is 6,892 mt and is reduced by 689.2 mt for the
  Tribal allocation (10 percent of the ACL north of 36[deg] N lat.). The 689.2 mt Tribal allocation is reduced
  by 1.7 percent to account for discard mortality. Detailed sablefish allocations are shown in Table 1c.
aa/ Sablefish south of 36[deg] N lat. The ACL for the area south of 36[deg] N lat. is 1,899 mt (21.6 percent of
  the calculated coastwide ACL value). 27.4 mt is deducted from the ACL to accommodate research (2.40 mt) and
  the incidental open access fishery (25 mt), resulting in a fishery HG of 1,871.6 mt.
bb/ Shortspine thornyhead north of 34[deg]27' N lat. 78.4 mt is deducted from the ACL to accommodate the Tribal
  fishery (50 mt), EFP catch (0.1 mt), and research catch (10.48 mt), and the incidental open access fishery
  (17.82 mt), resulting in a fishery HG of 1,349.6 mt for the area north of 34[deg]27' N lat.
cc/ Shortspine thornyhead south of 34[deg]27' N lat. 6.71 mt is deducted from the ACL to accommodate research
  catch (0.71 mt) and the incidental open access fishery (6 mt), resulting in a fishery HG of 749.3 mt for the
  area south of 34[deg]27' N lat.
dd/ Spiny dogfish. 344 mt is deducted from the ACL to accommodate the Tribal fishery (275 mt), EFP catch (1.1
  mt), research (34.27 mt), and the incidental open access fishery (33.63 mt), resulting in a fishery HG of
  1,277 mt.
ee/ Splitnose rockfish south of 40[deg]10' N lat. 18.42 mt is deducted from the ACL to accommodate EFP catch
  (1.5 mt), research (11.17 mt), and the incidental open access fishery (5.75 mt), resulting in a fishery HG of
  1,647.6 mt.
ff/ Starry flounder. 48.38 mt is deducted from the ACL to accommodate the Tribal fishery (2 mt), EFP catch (0.1
  mt), research (0.57 mt), and the incidental open access fishery (45.71 mt), resulting in a fishery HG of 343.6
  mt.
gg/ Widow rockfish. 248.32 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), EFP catch (28
  mt), research (17.27 mt), and the incidental open access fishery (3.05 mt), resulting in a fishery HG of
  14,476.7 mt.
hh/ Yellowtail rockfish north of 40[deg]10' N lat. 1,047.55 mt is deducted from the ACL to accommodate the
  Tribal fishery (1,000 mt), EFP catch (10 mt), research (20.55 mt), and the incidental open access fishery (7
  mt), resulting in a fishery HG of 5,012.5 mt.
ii/ Black rockfish/Blue rockfish/Deacon rockfish (Oregon). 2.32 mt is deducted from the ACL to accommodate the
  EFP catch (0.5 mt), research (0.08 mt), and the incidental open access fishery (1.74 mt), resulting in a
  fishery HG of 600.7 mt.
jj/ Cabezon/kelp greenling (Oregon). 0.21 mt is deducted from the ACL to accommodate EFP catch (0.1 mt),
  research (0.05 mt), and the incidental open access fishery (0.06 mt), resulting in a fishery HG of 197.8 mt.
kk/ Cabezon/kelp greenling (Washington). 2 mt is deducted from the ACL to accommodate the Tribal fishery,
  therefore the fishery HG is 18 mt.
ll/ Nearshore Rockfish north of 40[deg]10' N lat. 3.08 mt is deducted from the ACL to accommodate the Tribal
  fishery (1.5 mt), EFP catch (0.5 mt), research (0.47 mt), and the incidental open access fishery (0.61 mt),
  resulting in a fishery HG of 75.9 mt. State specific HGs are Washington (18.4 mt), Oregon (22.7 mt), and
  California (37.6 mt).
mm/ Nearshore Rockfish south of 40[deg]10' N lat. 4.42 mt is deducted from the ACL to accommodate research catch
  (2.68 mt) and the incidental open access fishery (2.68 mt), resulting in a fishery HG of 1,011.6 mt.
nn/ Other Fish. The Other Fish complex is comprised of kelp greenling off California and leopard shark
  coastwide. 21.34 mt is deducted from the ACL to accommodate EFP catch (0.1 mt), research (6.29 mt), and the
  incidental open access fishery (14.95 mt), resulting in a fishery HG of 201.7 mt.
oo/ Other Flatfish. The Other Flatfish complex is comprised of flatfish species managed in the PCGFMP that are
  not managed with stock-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, rock sole, sand sole, and
  rex sole. 220.89 mt is deducted from the ACL to accommodate the Tribal fishery (60 mt), EFP catch (0.1 mt),
  research (23.63 mt), and the incidental open access fishery (137.16 mt), resulting in a fishery HG of 4,581.1
  mt.

[[Page 32811]]

 
pp/ Shelf Rockfish north of 40[deg]10' N lat. 72.44 mt is deducted from the ACL to accommodate the Tribal
  fishery (30 mt), EFP catch (1.5 mt), research (15.32 mt), and the incidental open access fishery (25.62 mt),
  resulting in a fishery HG of 1,438.66 mt.
qq/ Shelf Rockfish south of 40[deg]10' N lat. 132.77 mt is deducted from the ACL to accommodate EFP catch (50
  mt), research catch (15.1 mt), and the incidental open access fishery (67.67 mt) resulting in a fishery HG of
  1,305.2 mt.
rr/ Slope Rockfish north of 40[deg]10' N lat. 65.89 mt is deducted from the ACL to accommodate the Tribal
  fishery (36 mt), EFP catch (0.5 mt), and research (10.51 mt), and the incidental open access fishery (18.88
  mt), resulting in a fishery HG of 1,529.1 mt.
ss/ Slope Rockfish south of 40[deg]10' N lat. 38.94 mt is deducted from the ACL to accommodate EFP catch (1 mt),
  and research (18.21 mt), and the incidental open access fishery (19.73 mt), resulting in a fishery HG of 670.1
  mt. Blackgill rockfish has a stock-specific HG for the entire groundfish fishery south of 40[deg]10' N lat.
  set equal to the species' contribution to the ACL. Harvest of blackgill rockfish in all groundfish fisheries
  south of 40[deg]10' N lat. counts against this HG of 176.5 mt.


0
4. Revise Table 1b to part 660, subpart C, to read as follows:

                                     Table 1b to Part 660, Subpart C--2021, Allocations by Species or Species Group
                                                                 [Weight in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                           Fishery HG or               Trawl                         Non-Trawl
          Stocks/stock complexes                        Area                 ACT a/b/    ---------------------------------------------------------------
                                                                                                 %              Mt               %              Mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
Yelloweye Rockfish a/.....................  Coastwide...................            41.2               8             3.3              92            37.9
Arrowtooth flounder.......................  Coastwide...................         7,837.9              95           7,446               5           391.9
Big skate a/..............................  Coastwide...................         1,419.7              95         1,348.7               5              71
Bocaccio a/...............................  S of 40[deg]10' N lat.......         1,700.2              39           663.8              60         1,036.4
Canary rockfish a/........................  Coastwide...................         1,268.6              72             917              28           351.6
Chilipepper rockfish......................  S of 40[deg]10' N lat.......         2,260.3              75         1,695.2              25           565.1
Cowcod a/.................................  S of 40[deg]10' N lat.......              50              36              18              64              32
Darkblotched rockfish.....................  Coastwide...................           862.9              95           819.8               5            43.1
Dover sole................................  Coastwide...................        48,402.8              95        45,982.7               5         2,420.1
English sole..............................  Coastwide...................         8,924.4              95         8,478.2               5           446.2
Lingcod...................................  N of 40'10[deg] N lat.......         5,090.6              45         2,290.8              55         2,799.8
Lingcod a/................................  S of 40'10[deg] N lat.......           1,089              40           435.6              60           653.4
Longnose skate a/.........................  Coastwide...................         1,571.6              90         1,414.4              10           157.2
Longspine thornyhead......................  N of 34[deg]27' N lat.......         2,580.3              95         2,451.3               5             129
Pacific cod...............................  Coastwide...................         1,093.9              95         1,039.2               5            54.7
Pacific ocean perch.......................  N of 40[deg]10' N lat.......         3,829.3              95         3,637.8               5           191.5
Pacific whiting c/........................  Coastwide...................         304,005             100         304,005               0               0
Petrale sole a/...........................  Coastwide...................         3,727.9  ..............         3,697.9  ..............              30
                                                                                         ---------------------------------------------------------------
Sablefish.................................  N of 36[deg] N lat..........              NA  See Table 1c
                                                                                         ---------------------------------------------------------------
Sablefish.................................  S of 36[deg] N lat..........         1,861.6              42           782.3              58         1,080.3
Shortspine thornyhead.....................  N of 34[deg]27' N lat.......         1,349.6              95         1,282.1               5            67.5
Shortspine thornyhead.....................  S of 34[deg]27' N lat.......           749.3  ..............              50  ..............           699.3
Splitnose rockfish........................  S of 40[deg]10' N lat.......         1,647.6              95         1,565.2               5            82.4
Starry flounder...........................  Coastwide...................           343.6              50           171.8              50           171.8
Widow rockfish a/.........................  Coastwide...................        14,476.7  ..............        14,076.7  ..............             400
Yellowtail rockfish.......................  N of 40[deg]10' N lat.......         5,012.5              88         4,411.0              12           601.5
Other Flatfish............................  Coastwide...................          4581.1              90           4,123              10           458.1
Shelf Rockfish a/.........................  N of 40[deg]10' N lat.......         1,438.7            60.2           866.1            39.8           572.6
Shelf Rockfish a/.........................  S of 40[deg]10' N lat.......         1,305.2            12.2           159.2            87.8           1,146
Slope Rockfish............................  N of 40[deg]10' N lat.......         1,529.1              81         1,238.6              19           290.5
Slope Rockfish a/.........................  S of 40[deg]10' N lat.......           670.1  ..............           526.4  ..............           143.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
a/ Allocations decided through the biennial specification process.
b/ The cowcod fishery harvest guideline is further reduced to an ACT of 50 mt. The non-trawl allocation is further split 50:50 between the commercial
  and recreational sectors.
c/ Consistent with regulations at Sec.   660.55(i)(2), the commercial harvest guideline for Pacific whiting is allocated 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. No more than 5 percent of the Shorebased IFQ
  Program allocation may be taken and retained south of 42[deg] N lat. before the start of the primary Pacific whiting season north of 42[deg] N lat.


0
5. In Sec.  660.140, revise paragraph (d)(1)(ii)(D) to read as follows:


Sec.  660.140   Shorebased IFQ Program.

* * * * *
    (d) * * *
    (1) * * *
    (ii) * * *
    (D) Shorebased trawl allocations. For the trawl fishery, NMFS will 
issue QP based on the following shorebased trawl allocations:

[[Page 32812]]



                                       Table 1 to Paragraph (d)(1)(ii)(D)
----------------------------------------------------------------------------------------------------------------
                                                                             2021 Shorebased    2022 Shorebased
                IFQ species                               Area               trawl allocation   trawl allocation
                                                                                   (mt)               (mt)
----------------------------------------------------------------------------------------------------------------
Yelloweye Rockfish.........................  Coastwide....................                3.3                3.4
Arrowtooth flounder........................  Coastwide....................           7,376.02            5974.77
Bocaccio...................................  South of 40[deg]10' N lat....             663.75             654.38
Canary rockfish............................  Coastwide....................             880.96             858.56
Chilipepper................................  South of 40[deg]10' N lat....            1,695.2              1,621
Cowcod.....................................  South of 40[deg]10' N lat....                 18                 18
Darkblotched rockfish......................  Coastwide....................             743.39             694.94
Dover sole.................................  Coastwide....................          45,972.65          45,972.65
English sole...............................  Coastwide....................            8,478.2            8,407.9
Lingcod....................................  North of 40[deg]10' N lat....           2,275.78           2,090.83
Lingcod....................................  South of 40[deg]10' N lat....              435.6              463.6
Longspine thornyhead.......................  North of 34[deg]27' N lat....           2,451.28           2,278.38
Pacific cod................................  Coastwide....................           1,039.21           1,039.21
Pacific halibut (IBQ)......................  North of 40[deg]10' N lat....               69.6               69.6
Pacific ocean perch........................  North of 40[deg]10' N lat....           3,337.74           3,201.94
Pacific whiting............................  Coastwide....................            127,682                TBD
Petrale sole...............................  Coastwide....................            3,692.9            3,237.5
Sablefish..................................  North of 36[deg] N lat.......           3,139.59           2,985.42
Sablefish..................................  South of 36[deg] N lat.......                786                748
Shortspine thornyhead......................  North of 34[deg]27' N lat....           1,212.12           1,178.87
Shortspine thornyhead......................  South of 34[deg]27' N lat....                 50                 50
Splitnose rockfish.........................  South of 40[deg]10' N lat....           1,565.20           1,531.00
Starry flounder............................  Coastwide....................              171.8              171.8
Widow rockfish.............................  Coastwide....................          13,600.68          12,663.68
Yellowtail rockfish........................  North of 40[deg]10' N lat....           4,091.13            3,898.4
Other Flatfish complex.....................  Coastwide....................           4,088.00           4,120.40
Shelf Rockfish complex.....................  North of 40[deg]10' N lat....             831.07             794.56
Shelf Rockfish complex.....................  South of 40[deg]10' N lat....             159.24             158.02
Slope Rockfish complex.....................  North of 40[deg]10' N lat....             938.58             916.71
Slope Rockfish complex.....................  South of 40[deg]10' N lat....              526.4              523.9
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[FR Doc. 2021-13150 Filed 6-21-21; 11:15 am]
BILLING CODE 3510-22-P