Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2023 Harvest Specifications for Pacific Whiting, and 2023 Pacific Whiting Tribal Allocation, 34783-34791 [2023-11466]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Rules and Regulations]
[Pages 34783-34791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11466]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 230523-0136]
RIN 0648-BM07


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2023 Harvest Specifications for 
Pacific Whiting, and 2023 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: This rule implements the domestic 2023 harvest specifications 
for Pacific whiting including the 2023 tribal allocation for the 
Pacific whiting fishery, the non-tribal sector allocations, and a set-
aside for incidental mortality in research activities and non-
groundfish fisheries. NMFS issues this final rule for the 2023 Pacific 
whiting fishery under the authority of the Pacific Coast Groundfish 
Fishery Management Plan, the Magnuson-Stevens Fishery Conservation and 
Management Act, the Pacific Whiting Act of 2006, and other applicable 
laws. These measures are intended to help prevent overfishing, achieve 
optimum yield, ensure that management measures are based on the best 
scientific information available, and provide for the implementation of 
tribal treaty fishing rights.

DATES: Effective May 31, 2023.

ADDRESSES:

Electronic Access

    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 
(Council's) website at https://www.pcouncil.org/.

FOR FURTHER INFORMATION CONTACT: Colin Sayre, phone: 206-526-4656, and 
email: [email protected].

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 (Agreement). 
The Agreement establishes bilateral management bodies to implement the 
terms of the Agreement, including the Joint Management Committee (JMC), 
which recommends the annual catch level for Pacific whiting. NMFS 
issued a proposed rule on April 06, 2023 (88 FR 20457), 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, 
including adjusting the TAC for carryovers from the prior year. The 
proposed rule also proposed allocating 17.5 percent of the U.S. TAC of 
Pacific whiting for 2023 to Pacific Coast Indian tribes that have a 
treaty right to harvest groundfish, and implementing a set-aside (750 
metric tons (mt)) for Pacific whiting for research and incidental 
mortality in other fisheries.

2023 TAC Recommendation

    The Treaty's Advisory Panel (AP) and JMC met in Vancouver, British 
Columbia, Canada February 28-March 1, 2023, to develop advice on a 2023 
coastwide TAC. The AP provided its 2023 TAC recommendation to the JMC 
on March 1, 2023. The JMC reviewed the advice of the AP, as well the 
Treaty's Joint Technical Committee, and Science Review Group, and 
agreed on a TAC recommendation for transmittal to the United States and 
Canadian Governments.
    The Agreement directs the JMC to base the catch limit 
recommendation on the default harvest rate unless scientific evidence 
demonstrates that a different rate is necessary to sustain the offshore 
Pacific whiting resource. After consideration of the 2023 stock 
assessment and other relevant scientific information, the JMC did not 
use the default harvest rate, and instead agreed on a more conservative 
approach. There were two primary reasons for choosing a TAC well below 
the level of F-40 percent. First, the JMC noted aging of the 2010, 
2014, and 2016 year classes and wished to extend access to these stocks 
as long as possible, which a lower TAC would accomplish by lowering the 
rate of removal of these year-classes. Second, there is uncertainty 
regarding the current size of the apparent large 2020 year class 
because there has not yet been a post-recruitment observation of this 
cohort

[[Page 34784]]

by an acoustic survey. The JMC recommended a moderate increase in the 
TAC, rather than a large increase up to the full F-40 percent harvest 
rate until a more certain estimate of the year class's size is 
available after one more year of fishing data, and conclusion of the 
2023 acoustic survey.
    This conservative TAC setting process, endorsed by the AP, resulted 
in a TAC that is less than what it would be using the default harvest 
rate under the Agreement.
    The JMC agreed on a recommended and adjusted coastwide TAC of 
625,000 mt, of Pacific whiting, which resulted in a U.S. TAC of 461,750 
mt (73.88 percent of 625,000 mt). This recommendation is consistent 
with the best available scientific information, provisions of the 
Agreement, and the Pacific Whiting Act of 2006 (Whiting Act). The 
recommendation was transmitted via letter to the United States and 
Canadian Governments on March 2, 2023. Consistent with the Agreement, 
the Department of Commerce consulted with the Department of State on 
the recommended TAC. In a written communication to the NMFS West Coast 
Region on March 17, 2023, the State Department concurred with the NMFS 
recommendation to accept the JMC recommended adjusted TAC for 2023. 
NMFS, under delegation of authority from the Secretary of Commerce, 
approved the adjusted TAC recommendation of 461,750 mt for U.S. 
fisheries on March 23, 2023.
    This final rule announces the adjusted coastwide TAC of 625,000 mt 
and adjusted U.S. TAC of 461,750 mt, and implements the domestic 2023 
Pacific whiting harvest specifications, including, the 2023 tribal 
allocation of 80,806 mt, the preliminary allocations for three non-
tribal commercial whiting sectors, and a set-aside for incidental 
mortality in research activities and non-groundfish) fisheries (e.g., 
pink shrimp fishery). The tribal and non-tribal allocations for Pacific 
whiting, as well as the set-aside, are effective until December 31, 
2023.

Tribal Allocations

    This final rule establishes the tribal allocation of Pacific 
whiting for 2023 as described in the proposed rule (88 FR 20457). 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 2023 
tribal allocation as 80,806 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 80,806 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. 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.

Non-Tribal Research and Bycatch Set-Aside

    The U.S. non-tribal whiting fishery is managed under the Council's 
Pacific Coast Groundfish FMP. Each year, the Council recommends a set-
aside of Pacific whiting to accommodate incidental mortality of the 
fish in research activities and non-groundfish fisheries based on 
estimates of scientific research catch and estimated bycatch mortality 
in non-groundfish fisheries. At its November 2022 meeting, the Council 
recommended an incidental mortality set-aside of 750 mt for 2023. This 
set-aside is unchanged from the 750 mt set-aside amount for incidental 
mortality in 2023. Consistent with section 303(c)(2) of the Magnuson-
Stevens Fishery Management and Conservation Act (Magnuson-Stevens Act), 
on November 16, 2022, the Council deemed the proposed regulations for 
the research and incidental mortality set-aside to be necessary and 
appropriate to implement the FMP. This final rule will implement the 
Council's recommendations.

Non-Tribal Harvest Guidelines and Allocations

    This final rule implements the fishery harvest guideline (HG), also 
called the non-tribal allocation as described in the proposed rule 
published on April 06, 2023 (88 FR 20457). The 2023 fishery HG for 
Pacific whiting is 380,194 mt. This amount was determined by deducting 
the 80,806 mt tribal allocation and the 750 mt allocation for 
scientific research catch and fishing mortality in non-groundfish 
fisheries from the adjusted U.S. TAC of 461,750 mt. Federal regulations 
further allocate the fishery HG among the three non-tribal sectors of 
the Pacific whiting fishery: The catcher/processor (C/P) Co-op Program, 
the Mothership (MS) Co-op Program, and the Shorebased Individual 
Fishing Quota (IFQ) Program. The C/P Co-op Program is allocated 34 
percent (129,265 mt for 2023), the MS Co-op Program is allocated 24 
percent (91,246 mt for 2023), and the Shorebased IFQ Program is 
allocated 42 percent (159,681 mt for 2023). The fishery south of 
42[deg] N lat. may not take more than 7,984 mt (5 percent of the 
Shorebased IFQ Program allocation) prior to May 1, the start of the 
primary Pacific whiting season north of 42[deg] N lat.

      Table 1--2023 U.S. Pacific Whiting Allocations in Metric Tons
------------------------------------------------------------------------
                                                           2023 Pacific
                                                              whiting
                         Sector                             allocation
                                                               (mt)
------------------------------------------------------------------------
Tribal..................................................          80,806
Catcher/Processor (C/P) Co-op Program...................         129,266
Mothership (MS) Co-op Program...........................          91,247
Shorebased IFQ Program..................................         159,681
------------------------------------------------------------------------

    This rule would be implemented under the statutory and regulatory 
authority of sections 304(b) and 305(d) of the Magnuson-Stevens Act, 
the Whiting Act, the regulations governing the groundfish fishery at 50 
CFR 660.5 through 660.360, and other applicable laws. Additionally, 
with this final rule, NMFS, will ensure that the fishery is managed 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. 
1974).

Comments and Responses

    NMFS issued a proposed rule on April 6, 2023 (88 FR 20457). The 
comment period on the proposed rule closed April 21, 2023. No comments 
were received during the public 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 proposed rule.

[[Page 34785]]

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 sections 304(b) and 
305(d), and other provisions of the Magnuson-Stevens 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 would 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.
    This rulemaking could not be completed prior to the May 1 start 
date of the 2023 Pacific Whiting primary fishing season due to the 
short time frame between the approval of the TAC recommendation and the 
start of the fishing season. The AP and JMC met in Vancouver, British 
Columbia, Canada on February 28-March 1, 2023, to develop advice on a 
2023 coastwide TAC. At this meeting, the JMC agreed on a TAC 
recommendation, which was transmitted to the United States and Canadian 
Governments on March 2, 2023. The Department of Commerce consulted with 
the Department of State on the recommended TAC, and concurred with the 
NMFS West Coast Region on March 17, 2023 to accept the JMC recommended 
adjusted TAC for 2023. NMFS, under delegation of authority from the 
Secretary of Commerce, approved the TAC recommendation U.S. fisheries 
on March 23, 2023. This rulemaking was proceeded once the JMC agreed on 
a recommended coastwide TAC, and the Department of Commerce in 
consultation with the Department of State reviewed and approved the 
recommended U.S. TAC. The proposed rule published on April 6, 2023 and 
the public comment period closed on April 21, 2023 (88 FR 20457). The 
2023 Pacific whiting primary fishing season began shortly thereafter on 
May 1, 2023.
    In addition, because this rule increases catch limits for Pacific 
whiting compared to the interim allocation the fishery is currently 
operating under, it therefore finds good cause to waive the 30-day 
delay in the date of effectiveness requirement. The Pacific whiting 
fishery season began fishing on May 01, 2023 under interim allocations 
based on the lowest coastwide TAC considered in the proposed rule. This 
final rule implements a higher TAC for Pacific whiting than the interim 
allocation provided prior to the season opening, and implementing the 
rule upon publication provides the whiting fleet more opportunity and 
greater flexibility to harvest the optimal yield. Timely implementation 
of the full TAC will avoid the need to pause the Pacific whiting 
fishery if the interim allocations are fully harvested. Additionally, 
many vessels in the Pacific Whiting fishery also participate in the 
Alaskan Pollock fishery. Issuing complete 2023 whiting allocations to 
quota owners in a timely fashion ensures they can plan their 
participation for the year in both the Pacific Whiting and Alaskan 
Pollock fisheries.
    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.
    The Office of Management and Budget has determined that this final 
rule is not significant for purposes of Executive Order 12866.
    A range of potential total 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) and in the Amendment 30 to 
the Pacific Coast Groundfish Fishery Management Plan, 2023-2024 Harvest 
Specifications, and Management Measures Environmental Assessment (EA) 
and Regulatory Impact Review (RIR) and is available from NMFS (see 
ADDRESSES). 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 EA for the 2023-24 cycle tiers 
from the 2015/16 FEIS and focuses on the harvest specifications and 
management measures that were not within the scope of the 10 year 
projections in the 2015/16 FEIS.

Final Regulatory Flexibility Analysis

    NMFS issued a proposed rule on April 6, 2023 (88 FR 20457), for the 
2023 Harvest Specifications for Pacific Whiting, and 2023 tribal 
allocation for Pacific whiting. An Initial Regulatory Flexibility 
Analysis (IRFA) was prepared and summarized in the Classification 
section of the preamble to the proposed rule. The comment period on the 
proposed rule closed April 21, 2023. NMFS did not receive any public 
comments on the proposed rule. The Chief Counsel for Advocacy of the 
Small Business Administration (SBA) did not file any comments on the 
IRFA or 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. 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.
    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. 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 North American 
Industry Classification

[[Page 34786]]

System (NAICS) code 311710 at 13 CFR 121.201). 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 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 announces the adjusted coastwide TAC and U.S. TAC 
and allocates Pacific whiting 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 2023. 
Tribes are not considered small entities for the purposes of RFA. 
Impacts to tribes are nevertheless considered in this analysis.
    As of January 2023, the Shorebased IFQ Program is composed of 164 
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 (with three permits each having two catch history assignments).
    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 2023, all 10 C/P permits reported they are not small businesses, as 
did 8 mothership catcher vessels. 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 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 2022 NMFS reapportioned 40,000 mt of the 
original 70,463 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 2022 following the 
reapportionment were: Tribal 30,463 mt, C/P Co-op 126,287 mt; MS Co-op 
89,144 mt; and Shorebased IFQ Program 156,002 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 subsequent harvests and ex-vessel revenues. For the years 2016 to 
2020, the total Pacific whiting fishery (tribal and non-tribal) 
averaged harvests of approximately 303,782 mt annually. The 2022 U.S. 
non-tribal fishery had a Pacific whiting catch of approximately 291,337 
mt, and the tribal fishery landed less than 1,100 mt.
    Impacts to the U.S. non-tribal fishery are measured with an 
estimate of ex-vessel revenue. The adjusted coastwide TAC of 625,000 mt 
would result in an adjusted U.S. TAC of 461,750 mt and, after deduction 
of the tribal allocation and the incidental catch set-aside, a U.S. 
non-tribal harvest guideline of 380,194 mt. Using the 2022 weighted-
average non-tribal price per metric ton (e.g., $233.5 per metric ton), 
the TAC is estimated to result in an ex-vessel revenue of $88.8 million 
for the U.S. non-tribal fishing fleet.
    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 2022 average ex-vessel price of Pacific 
whiting, which was $233.50 per mt. At that price, the 2023 tribal 
allocation of 80,806.25 mt would have an ex-vessel value of $18.87 
million.

A Description of Any Significant Alternatives to the Proposed Rule That 
Accomplish the Stated Objectives of Applicable Statutes and That 
Minimize any Significant Economic Impact of the Proposed Rule on Small 
Entities

    For the allocations to the non-tribal commercial sectors the 
Pacific whiting tribal allocation, and the set-aside for research and 
incidental mortality NMFS considered two alternatives: ``No Action'' 
and the ``Proposed Action.'' No other alternatives were considered by 
the Council at their November 2022 meeting.
    Under the no action alternative, NMFS would not implement 
allocations to the non-tribal sectors based on the JMC recommended U.S. 
TAC, which would not fulfill NMFS' responsibility to manage the U.S. 
fishery. This is contrary to the Whiting Act and Agreement, which 
requires sustainable management of the Pacific whiting

[[Page 34787]]

resource, therefore this alternative received no further consideration.
    Under the no action alternative, NMFS would not implement the set-
aside amount of 750 mt recommended by the Council. Not implementing a 
set-aside of the U.S. whiting TAC would mean incidental mortality of 
the fish in research activities and non-groundfish fisheries would not 
be accommodated. This would be inconsistent with the Council's 
recommendation, the Pacific Groundfish Fishery Management Plan, the 
regulations setting the framework governing the groundfish fishery, and 
NMFS' responsibility to manage the fishery. Therefore the no action 
alternative received no further consideration.
    NMFS did not consider a broader range of alternatives to the tribal 
allocation because the tribal allocation is a percentage of the 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 Action alternative, NMFS will set the tribal allocation 
percentage at 17.5 percent, as requested by the Tribes. This would 
yield a tribal allocation of 80,806 mt for 2023. 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 2023, 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 2023, this alternative received no further 
consideration.

Regulatory Flexibility Act Determination of No Significant Impact

    NMFS determined this final rule would 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.
    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: May 23, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS amends 50 CFR part 
660 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 2023 is 80,806 mt.
* * * * *

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

   Table 1a to Part 660, Subpart C--2023, Specifications of OFL, ABC, ACL, ACT and Fishery Harvest Guidelines
                                            [Weights in metric tons]
                                       [Capitalized stocks are overfished]
----------------------------------------------------------------------------------------------------------------
            Stocks                    Area              OFL             ABC           ACL \a\     Fishery HG \b\
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH \c\........  Coastwide.......             123             103              66            55.3
Arrowtooth Flounder \d\.......  Coastwide.......          26,391          18,632          18,632          16,537
Big Skate \e\.................  Coastwide.......           1,541           1,320           1,320         1,260.2
Black Rockfish \f\............  California (S of             368             334             334           332.1
                                 42[deg] N lat.).
Black Rockfish \g\............  Washington (N of             319             290             290           271.8
                                 46[deg]16' N
                                 lat.).
Bocaccio \h\..................  S of 40[deg]10'            2,009           1,842           1,842         1,793.9
                                 N lat.
Cabezon \i\...................  California (S of             197             182             182           180.4
                                 42[deg] N lat.).
California Scorpionfish \j\...  S of 34[deg]27'              290             262             262           258.4
                                 N lat.
Canary Rockfish \k\...........  Coastwide.......           1,413           1,284           1,284         1,215.1
Chilipepper \l\...............  S of 40[deg]10'            2,401           2,183           2,183           2,085
                                 N lat.
Cowcod \m\....................  S of 40[deg]10'              113              80              80            68.8
                                 N lat.
    Cowcod....................  (Conception)....              94              69              NA              NA
    Cowcod....................  (Monterey)......              19              11              NA              NA
Darkblotched Rockfish \n\.....  Coastwide.......             856             785             785           761.2
Dover Sole \o\................  Coastwide.......          63,834          59,685          50,000        48,402.9

[[Page 34788]]

 
English Sole \p\..............  Coastwide.......          11,133           9,018           9,018         8,758.5
Lingcod \q\...................  N of 40[deg]10'            5,010           4,378           4,378         4,098.4
                                 N lat.
Lingcod \r\...................  S of 40[deg]10'              846             739             726           710.5
                                 N lat.
Longnose Skate \s\............  Coastwide.......           1,993           1,708           1,708         1,456.7
Longspine Thornyhead \t\......  N of 34[deg]27'            4,616           3,019           2,295         2,241.3
                                 N lat.
Longspine Thornyhead \u\......  S of 34[deg]27'                                              725           722.8
                                 N lat.
Pacific Cod \v\...............  Coastwide.......           3,200           1,926           1,600           1,094
Pacific Ocean Perch \w\.......  N of 40[deg]10'   ..............  ..............  ..............  ..............
                                 N lat.
Pacific Whiting \x\...........  Coastwide.......         778,008           (\X\)           (\X\)         380,194
Petrale Sole \y\..............  Coastwide.......           3,763           3,485           3,485         3,098.8
Sablefish \z\.................  Coastwide.......          11,577          10,825  ..............  ..............
Sablefish \z\.................  N of 36[deg] N    ..............  ..............           8,486    See Table 1c
                                 lat.
Sablefish \aa\................  S of 36[deg] N    ..............  ..............           2,338         2,310.6
                                 lat.
Shortspine Thornyhead.........  Coastwide.......           3,177           2,078  ..............  ..............
Shortspine Thornyhead \bb\....  N of 34[deg]27'   ..............  ..............           1,359         1,280.7
                                 N lat.
Shortspine Thornyhead \cc\....  S of 34[deg]27'   ..............  ..............             719           712.3
                                 N lat.
Spiny Dogfish \dd\............  Coastwide.......           1,911           1,456           1,456         1,104.5
Splitnose \ee\................  S of 40[deg]10'            1,803           1,592           1,592         1,573.4
                                 N lat.
Starry Flounder \ff\..........  Coastwide.......             652             392             392           343.7
Widow Rockfish \gg\...........  Coastwide.......          13,633          12,624          12,624        12,385.7
Yellowtail Rockfish \hh\......  N of 40[deg]10'            6,178           5,666           5,666         4,638.5
                                 N lat.
----------------------------------------------------------------------------------------------------------------
                                                 Stock Complexes
----------------------------------------------------------------------------------------------------------------
Blue/Deacon/Black Rockfish      Oregon..........             679             597             597           595.2
 \ii\.
Cabezon/Kelp Greenling \jj\...  Washington......             202             185             185           184.2
Cabezon/Kelp Greenling \kk\...  Oregon..........              25              20              20            18.0
Nearshore Rockfish North \ll\.  N of 40[deg]10'              110              93              93            89.7
                                 N lat.
Nearshore Rockfish South \mm\.  S of 40[deg]10'            1,089             897             887           882.5
                                 N lat.
Other Fish \nn\...............  Coastwide.......             286             223             223           201.8
Other Flatfish \oo\...........  Coastwide.......           7,887           4,862           4,862           4,641
Shelf Rockfish North \pp\.....  N of 40[deg]10'            1,614           1,283           1,283         1,212.1
                                 N lat.
Shelf Rockfish South \qq\.....  S of 40[deg]10'            1,835           1,469           1,469         1,336.2
                                 N lat.
Slope Rockfish North \rr\.....  N of 40[deg]10'            1,819           1,540           1,540         1,474.6
                                 N lat.
Slope Rockfish South \ss\.....  S of 40[deg]10'              870             701             701           662.1
                                 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 66 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. 10.7 mt is deducted from the ACL to accommodate the Tribal fishery
  (5 mt), EFP fishing (0.12 mt), research catch (2.92 mt), and incidental open access mortality (2.66 mt)
  resulting in a fishery HG of 55.3 mt. The non-trawl HG is 50.9 mt. The combined non-nearshore/nearshore HG is
  10.7 mt. Recreational HGs are: 13.2 mt (Washington); 11.7 mt (Oregon); and 15.3 mt (California). In addition,
  the non-trawl ACT is 39.9 mt, and the combined non-nearshore/nearshore ACT is 8.4 mt. Recreational ACTs are:
  10.4 mt (Washington), 9.2 mt (Oregon), and 12.0 mt (California).
\d\ Arrowtooth flounder. 2,094.98 mt is deducted from the ACL to accommodate the Tribal fishery (2,041 mt),
  research catch (12.98 mt) and incidental open access mortality (41 mt), resulting in a fishery HG of 16,537
  mt.
\e\ Big skate. 59.8 mt is deducted from the ACL to accommodate the Tribal fishery (15 mt), research catch (5.49
  mt), and incidental open access mortality (39.31 mt), resulting in a fishery HG of 1,260.2 mt.
\f\ Black rockfish (California). 2.26 mt is deducted from the ACL to accommodate EFP fishing (1.0 mt), research
  catch (0.08 mt), and incidental open access mortality (1.18 mt), resulting in a fishery HG of 332.1 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 271.8 mt.
\h\ Bocaccio south of 40[deg]10' N lat Bocaccio 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. 48.12 mt is deducted
  from the ACL to accommodate EFP fishing (40 mt), research catch (5.6 mt), and incidental open access mortality
  (2.52 mt), resulting in a fishery HG of 1,793.9 mt. The California recreational fishery south of 40[deg]10' N
  lat. has an HG of 755.6 mt.
\i\ Cabezon (California). 1.63 mt is deducted from the ACL to accommodate EFP fishing (1 mt), research catch
  (0.02 mt), and incidental open access fishery mortality (0.61 mt), resulting in a fishery HG of 180.4 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 258.4 mt.
\k\ Canary rockfish. 68.91 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), EFP fishing (6
  mt), and research catch (10.08 mt), and incidental open access mortality (2.83 mt), resulting in a fishery HG
  of 1,215.1 mt. The combined nearshore/non-nearshore HG is 121.2 mt. Recreational HGs are: 41.4 mt
  (Washington); 62.3 mt (Oregon); and 111.7 mt (California).
\l\ Chilipepper rockfish south of 40[deg]10' N lat. 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. 97.7 mt is deducted from the ACL to accommodate EFP fishing (70 mt), research catch (14.04 mt),
  incidental open access fishery mortality (13.66 mt), resulting in a fishery HG of 2,085 mt.
\m\ Cowcod south of 40[deg]10' N lat. Cowcod 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. 11.17 mt is deducted
  from the ACL to accommodate EFP fishing (1 mt), research catch (10 mt), and incidental open access mortality
  (0.17 mt), resulting in a fishery HG of 68.8 mt.
\n\ Darkblotched rockfish. 23.76 mt is deducted from the ACL to accommodate the Tribal fishery (5 mt), EFP
  fishing (0.5 mt), research catch (8.46 mt), and incidental open access mortality (9.8 mt) resulting in a
  fishery HG of 761.2 mt.

[[Page 34789]]

 
\o\ Dover sole. 1,597.11 mt is deducted from the ACL to accommodate the Tribal fishery (1,497 mt), research
  catch (50.84 mt), and incidental open access mortality (49.27 mt), resulting in a fishery HG of 48,402.9 mt.
\p\ English sole. 259.52 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), research catch
  (17 mt), and incidental open access mortality (42.52 mt), resulting in a fishery HG of 8,758.5 mt.
\q\ Lingcod north of 40[deg]10' N lat. 279.63 mt is deducted from the ACL for the Tribal fishery (250 mt),
  research catch (17.71 mt), and incidental open access mortality (11.92 mt) resulting in a fishery HG of
  4,098.4 mt.
\r\ Lingcod south of 40[deg]10' N lat. 15.5 mt is deducted from the ACL to accommodate EFP fishing (4 mt),
  research catch (3.19 mt), and incidental open access mortality (8.31 mt), resulting in a fishery HG of 710.5
  mt.
\s\ Longnose skate. 251.3 mt is deducted from the ACL to accommodate the Tribal fishery (220 mt), research catch
  (12.46 mt), and incidental open access mortality (18.84 mt), resulting in a fishery HG of 1,456.7 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 incidental open access mortality (6.22 mt), resulting in a
  fishery HG of 2,241.3 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 incidental open access mortality (0.83 mt), resulting in a fishery HG of 722.8 mt.
\v\ Pacific cod. 506 mt is deducted from the ACL to accommodate the Tribal fishery (500 mt), research catch
  (5.47 mt), and incidental open access mortality (0.53 mt), resulting in a fishery HG of 1,094 mt.
\w\ Pacific ocean perch north of 40[deg]10' N lat. Pacific ocean perch are managed with stock-specific harvest
  specifications north of 40[deg]10' N lat. and within the Minor Slope Rockfish complex south of 40[deg]10' N
  lat. 145.48 mt is deducted from the ACL to accommodate the Tribal fishery (130 mt), research catch (5.39 mt),
  and incidental open access mortality (10.09 mt), resulting in a fishery HG of 3,427.5 mt.
\x\ Pacific hake/whiting. The 2023 OFL of 778,008 mt is based on the 2023 assessment with an F40 percent of FMSY
  proxy. The 2023 coastwide adjusted Total Allowable Catch (TAC) is 625,000 mt. The U.S. TAC is 73.88 percent of
  the coastwide TAC. The 2023 adjusted U.S. TAC is 461,750 mt. From the U.S. TAC, 80,806 mt is deducted to
  accommodate the Tribal fishery, and 750 mt is deducted to accommodate research and bycatch in other fisheries,
  resulting in a 2023 fishery HG of 380,194-mt. The TAC for Pacific whiting is established under the provisions
  of the Agreement between the Government of the United States of America and the Government of Canada on
  Pacific Hake/Whiting of 2003 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. 386.24 mt is deducted from the ACL to accommodate the Tribal fishery (350 mt), EFP fishing (1
  mt), research catch (24.14 mt), and incidental open access mortality (11.1 mt), resulting in a fishery HG of
  3,098.8 mt.
\z\ Sablefish north of 36[deg] N lat. The sablefish coastwide ACL value is not specified in regulations. The
  coastwide sablefish ACL value is apportioned north and south of 36[deg] N lat., using the 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 8,486 mt and is
  reduced by 849 mt for the Tribal allocation (10 percent of the ACL north of 36[deg] N lat.). The 849 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 2,338 mt (21.6 percent of
  the calculated coastwide ACL value). 27.4 mt is deducted from the ACL to accommodate research catch (2.40 mt)
  and incidental open access mortality (25 mt), resulting in a fishery HG of 2,310.6 mt.
\bb\ Shortspine thornyhead north of 34[deg]27' N lat. 78.3 mt is deducted from the ACL to accommodate the Tribal
  fishery (50 mt), research catch (10.48 mt), and incidental open access mortality (17.82 mt), resulting in a
  fishery HG of 1,280.7 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 incidental open access mortality (6 mt), resulting in a fishery HG of 712.3 mt for the
  area south of 34[deg]27' N lat.
\dd\ Spiny dogfish. 351.48 mt is deducted from the ACL to accommodate the Tribal fishery (275 mt), EFP fishing
  (1 mt), research catch (41.85 mt), and incidental open access mortality (33.63 mt), resulting in a fishery HG
  of 1,104.5 mt.
\ee\ Splitnose rockfish south of 40[deg]10' N lat. 18.42 mt is deducted from the ACL to accommodate EFP fishing
  (1.5 mt), research catch (11.17 mt), and incidental open access mortality (5.75 mt), resulting in a fishery HG
  of 1,573.4 mt.
\ff\ Starry flounder. 48.28 mt is deducted from the ACL to accommodate the Tribal fishery (2 mt), research catch
  (0.57 mt), and incidental open access mortality (45.71 mt), resulting in a fishery HG of 343.7 mt.
\gg\ Widow rockfish. 238.32 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), EFP fishing
  (18 mt), research catch (17.27 mt), and incidental open access mortality (3.05 mt), resulting in a fishery HG
  of 12,385.7 mt.
\hh\ Yellowtail rockfish north of 40[deg]10' N lat. Yellowtail rockfish are managed with stock-specific harvest
  specifications north of 40[deg]10' N lat. and within the Minor Shelf Rockfish complex south of 40[deg]10' N
  lat. 1,027.55 mt is deducted from the ACL to accommodate the Tribal fishery (1,000 mt), research catch (20.55
  mt), and incidental open access mortality (7 mt), resulting in a fishery HG of 4,638.5 mt.
\ii\ Black rockfish/Blue rockfish/Deacon rockfish (Oregon). 1.82 mt is deducted from the ACL to accommodate
  research catch (0.08 mt) and incidental open access mortality (1.74 mt), resulting in a fishery HG of 595.2
  mt.
\jj\ Cabezon/kelp greenling (Oregon). 0.79 mt is deducted from the ACL to accommodate research catch (0.05 mt),
  and incidental open access mortality (0.74 mt), resulting in a fishery HG of 184.2 mt.
\kk\ Cabezon/kelp greenling (Washington). 2 mt is deducted from the ACL to accommodate the Tribal fishery,
  resulting in a fishery HG is 18 mt.
\ll\ Nearshore Rockfish north of 40[deg]10' N lat. 3.27 mt is deducted from the ACL to accommodate the Tribal
  fishery (1.5 mt), research catch (0.47 mt), and incidental open access mortality (1.3 mt), resulting in a
  fishery HG of 89.7 mt. State specific HGs are Washington (17.7 mt), Oregon (32.0 mt), and California (39.6
  mt). The ACT for copper rockfish (California) is 6.93 mt. The ACT for quillback rockfish (California) is 0.87
  mt.
\mm\ Nearshore Rockfish south of 40[deg]10' N lat. 4.54 mt is deducted from the ACL to accommodate research
  catch (2.68 mt) and incidental open access mortality (1.86 mt), resulting in a fishery HG of 882.5 mt. The ACT
  for copper rockfish is 84.61 mt. The ACT for quillback rockfish is 0.89 mt.
\nn\ Other Fish. The Other Fish complex is comprised of kelp greenling off California and leopard shark
  coastwide. 21.24 mt is deducted from the ACL to accommodate research catch (6.29 mt) and incidental open
  access mortality (14.95 mt), resulting in a fishery HG of 201.8 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. 220.79 mt is deducted from the ACL to accommodate the Tribal fishery (60 mt), research catch (23.63
  mt), and incidental open access mortality (137.16 mt), resulting in a fishery HG of 4,641.2 mt.
\pp\ Shelf Rockfish north of 40[deg]10' N lat. 70.94 mt is deducted from the ACL to accommodate the Tribal
  fishery (30 mt), research catch (15.32 mt), and incidental open access mortality (25.62 mt), resulting in a
  fishery HG of 1,212.1 mt.
\qq\ Shelf Rockfish south of 40[deg]10' N lat. 132.77 mt is deducted from the ACL to accommodate EFP fishing (50
  mt), research catch (15.1 mt), and incidental open access mortality (67.67 mt) resulting in a fishery HG of
  1,336.2 mt.
\rr\ Slope Rockfish north of 40[deg]10' N lat. 65.39 mt is deducted from the ACL to accommodate the Tribal
  fishery (36 mt), and research catch (10.51 mt), and incidental open access mortality (18.88 mt), resulting in
  a fishery HG of 1,474.6 mt.
\ss\ Slope Rockfish south of 40[deg]10' N lat. 38.94 mt is deducted from the ACL to accommodate EFP fishing (1
  mt), research catch (18.21 mt), and incidental open access mortality (19.73 mt), resulting in a fishery HG of
  662.1 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 172.4 mt.


[[Page 34790]]


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

                               Table 1b to Part 660, Subpart C--2023, and Beyond, Allocations by Species or Species Group
                                                                 [Weight in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Trawl                         Non-trawl
          Stocks/stock complexes                        Area               Fishery HG or ---------------------------------------------------------------
                                                                            ACT \a\ \b\          %              Mt               %              Mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH \a\....................  Coastwide...................            55.3               8             4.4              92            50.9
Arrowtooth flounder.......................  Coastwide...................          16,537              95        15,710.2               5           826.9
Big skate \a\.............................  Coastwide...................         1,260.2              95         1,197.2               5              63
Bocaccio \a\..............................  S of 40[deg]10' N lat.......         1,793.9              39           700.3              61         1,093.5
Canary rockfish \a\.......................  Coastwide...................         1,215.1            72.3           878.5            27.7           336.6
Chilipepper rockfish......................  S of 40[deg]10' N lat.......           2,085              75         1,563.8              25           521.3
Cowcod \a\................................  S of 40[deg]10' N lat.......            68.8              36            24.8              64            44.1
Darkblotched rockfish.....................  Coastwide...................           761.2              95           723.2               5            38.1
Dover sole................................  Coastwide...................        48,402.8              95        45,982.7               5         2,420.1
English sole..............................  Coastwide...................         8,758.5              95         8,320.6               5           437.9
Lingcod...................................  N of 40'10[deg] N lat.......         4,098.4              45         1,844.3              55         2,254.1
Lingcod \a\...............................  S of 40'10[deg] N lat.......           710.5              40           284.2              60           426.3
Longnose skate \a\........................  Coastwide...................         1,456.7              90           1,311              10           145.7
Longspine thornyhead......................  N of 34[deg]27' N lat.......         2,241.3              95         2,129.2               5           112.1
Pacific cod...............................  Coastwide...................           1,094              95         1,039.3               5            54.7
Pacific ocean perch.......................  N of 40[deg]10' N lat.......         3,427.5              95         3,256.1               5           171.4
Pacific whiting \c\.......................  Coastwide...................         380,194             100         380,194               0               0
Petrale sole \a\..........................  Coastwide...................         3,098.8  ..............         3,068.8  ..............              30
                                                                                         ---------------------------------------------------------------
Sablefish.................................  N of 36[deg] N lat..........              NA                           See Table 1c
                                                                                         ---------------------------------------------------------------
Sablefish.................................  S of 36[deg] N lat..........         2,310.6              42           970.5              58         1,340.1
Shortspine thornyhead.....................  N of 34[deg]27' N lat.......         1,280.7              95         1,216.7               5              64
Shortspine thornyhead.....................  S of 34[deg]27' N lat.......           712.3  ..............              50  ..............           662.3
Splitnose rockfish........................  S of 40[deg]10' N lat.......         1,572.4              95         1,494.7               5            78.7
Starry flounder...........................  Coastwide...................           343.7              50           171.9              50           171.9
Widow rockfish \a\........................  Coastwide...................        12,385.7  ..............        11,985.7  ..............             400
Yellowtail rockfish.......................  N of 40[deg]10' N lat.......         4,638.5              88         4,081.8              12           556.6
Other Flatfish............................  Coastwide...................         4,641.2              90         4,177.1              10           464.1
Shelf Rockfish \a\........................  N of 40[deg]10' N lat.......         1,212.1            60.2           729.7            39.8           482.4
Shelf Rockfish \a\........................  S of 40[deg]10' N lat.......         1,336.2            12.2             163            87.8         1,173.2
Slope Rockfish............................  N of 40[deg]10' N lat.......         1,474.6              81         1,194.4              19           280.2
Slope Rockfish \a\........................  S of 40[deg]10' N lat.......           662.1              63           417.1              37             245
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Allocations decided through the biennial specification process.
\b\ The cowcod non-trawl allocation is further split 50:50 between the commercial and recreational sectors. This results in a sector-specific ACT of 22
  mt for the commercial sector and 22 mt for the recreational sector.
\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:

                                       Table 1 to Paragraph (d)(1)(ii)(D)
----------------------------------------------------------------------------------------------------------------
                                                                               2023 shorebased   2024 shorebased
                 IFQ species                               Area               trawl allocation  trawl allocation
                                                                                    (mt)              (mt)
----------------------------------------------------------------------------------------------------------------
YELLOWEYE ROCKFISH..........................  Coastwide.....................              4.42              4.42
Arrowtooth flounder.........................  Coastwide.....................         15,640.17         11,408.87
Bocaccio....................................  South of 40[deg]10' N lat.....            700.33            694.87
Canary rockfish.............................  Coastwide.....................            842.50            830.22
Chilipepper.................................  South of 40[deg]10' N lat.....          1,563.80           1517.60
Cowcod......................................  South of 40[deg]10' N lat.....             24.80             24.42
Darkblotched rockfish.......................  Coastwide.....................            646.78            613.53
Dover sole..................................  Coastwide.....................         45,972.75         45,972.75
English sole................................  Coastwide.....................          8,320.56          8,265.46
Lingcod.....................................  North of 40[deg]10' N lat.....          1,829.27          1,593.47
Lingcod.....................................  South of 40[deg]10' N lat.....            284.20            282.60

[[Page 34791]]

 
Longspine thornyhead........................  North of 34[deg]27' N lat.....          2,129.23          2,002.88
Pacific cod.................................  Coastwide.....................          1,039.30          1,039.30
Pacific halibut (IBQ) \a\...................  North of 40[deg]10' N lat.....               TBD               TBD
Pacific ocean perch.........................  North of 40[deg]10' N lat.....          2,956.14          2,832.64
Pacific whiting \a\.........................  Coastwide.....................        159,681.38               TBD
Petrale sole................................  Coastwide.....................          3,063.76          2,863.76
Sablefish...................................  North of 36[deg] N lat........          3,893.50          3,559.38
Sablefish...................................  South of 36[deg] N lat........            970.00            889.00
Shortspine thornyhead.......................  North of 34[deg]27' N lat.....          1,146.67          1,117.22
Shortspine thornyhead.......................  South of 34[deg]27' N lat.....                50                50
Splitnose rockfish..........................  South of 40[deg]10' N lat.....          1,494.70          1,457.60
Starry flounder.............................  Coastwide.....................            171.86            171.86
Widow rockfish..............................  Coastwide.....................         11,509.68         10,367.68
Yellowtail rockfish.........................  North of 40[deg]10' N lat.....          3,761.84          3,668.56
Other Flatfish complex......................  Coastwide.....................          4,142.09          4,152.89
Shelf Rockfish complex......................  North of 40[deg]10' N lat.....            694.70            691.65
Shelf Rockfish complex......................  South of 40[deg]10' N lat.....            163.02            163.02
Slope Rockfish complex......................  North of 40[deg]10' N lat.....            894.43            874.99
Slope Rockfish complex......................  South of 40[deg]10' N lat.....             417.1            414.58
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\a\ Managed through an international process. These allocations will be updated when announced.

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[FR Doc. 2023-11466 Filed 5-30-23; 8:45 am]
BILLING CODE 3510-22-P