Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2024 Tribal Fishery Allocations for Pacific Whiting; Reapportionment Between Tribal and Non-Tribal Sectors, 84302-84303 [2024-24361]

Download as PDF 84302 Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Rules and Regulations Table J (Soul/I} Continued other timils and reauirements annlv Read &<RM 10 throuoh 660 399 before usioo this table JAN-FEB I I MAR-APR tt/112024 MAY✓UN I JUL-AUG I SEP-OCT I NOV-DEC Rocldlsh Conservation Area (RCA}fl: 1 40°10' N lat - 36°00' N lat. Shoreward EEZ11 - 75 fm line11 36°00' N lat. - 34°27' N lat. 50 fm tine11 - 75 fin line11 1flfl frn jjn,:,i,11 - 1 ~ fin finP- 11 tak,n. <>nnli~ amunrl ;c,1.,n,4., Rnrl h.,:,,nl,-ce'\ South of 34°27' N lat See §§660.60 and &60.230 for additional gear, trip limit and conservation area requirements and restrictions. See §§660.70-660.74 and §§660.76-660.79 for conservation area descriptions and coordinates (including RCAs, YRCAs, Fandlon Islands, Cordell Bank, and EFHCAs}. 59 SALMON 1ROLL ..(~IJject to RCAs when "!.!~!!'!!!!!J-~!(~~'!!:~..'!.(.fl!!!.'!!!~!!t~,.-~~-~--'E.~.X~Jlowta,J rockfish, as elf!.~-~!~~} ...................................................................................................... 2 3 Salmon !rollers may retain and land up to 1 lb of yellowlail rocklish for every 2 lb of Chinook salmon landed, wtth a cumulatilielimtt of 200 lb/month, bolh within and outside of the RCA This timtt is within the 4,000 lb per 2 month timtt for South of 40°11Y N lat. minor shelf rockftsh between 40"10" and 34°27" N lat., and not in addition to that limit. All groundf!Sh species are subject to the open access limits, seasons, size limits and RCA restrictions listed in the table above, unless otherwise stated here. 60 01 RIDGEBACK PRAWN AND, SOUTH OF 38°57.50' N lat., CA HALIBUT AND SEA CUCUMBER NON--GROUNDASH TRAWL 62 NON--GROUNDASH TRAWL Rocldlsh Conservation Area (RCA} for CA Halibut, Sea Cucumber & Ridgebacl[ Prawn: 63 40°10' N lat. - 38°00' N lat. 64 38°00' N lat. - 34°27' N lat. South of 34°27' N lat. 65 100 fm line 11 200fmline 11 .. _____ " 100 fm line 11 - 150 fm fine 11 I I 100 fmline v 200fmfine 11 100 fm line 11 - 150 fm line 11 100 fm line 11 - 150 fm line 11 -I )> m r- m w -... u, 0 C Groundfish: 300 lb/trip. Species-specific limits described in the table above also apply and are counted toward the 300 :::,I> groundfish per trip limit. The amount of grnundf1Sh landed may not exceed the amount of the target species landed, i except tllal the amount of spiny dogfish landed may exceed the amount of target species landed. Spiny dogfish are fimited by the 300 lb/trip overaU groundfish timit. The daily trip limits for sablelish coastwide and thomyheads south of 0 pt Conception and the overall groundfish pertrip" limrt may not be multiplied by the number of days of the trip. 0 Vessels participating in the Galifomia hatibut f1Shery south of 38°57.50' N lat. are lo (I) land up to 100 lb/day of groundfish without the ratio requirement, provided that at least one Galilomia hafibut is landed and (2) land up to 3,000 ::I lb/month of flattish, no more than 300 lb of which may be species other than Pacific sanddabs, sand sole, starry flounder, rock sole, curtfin sole, or California scorpionfish (California scorpionfish is also subiect to the trip limits and ::I closures in 1ine 29). 0 66 ...-· C 67 PINK SHRIMP NON--GROUNDASH TRAWL GEAR (not subject lo RCAsJ South 69 fl) Effective April 1 - October 31: Groundfish: 500 lb/day, multiplied by the number of days of the trip, no1 to exceed 1,500 lb/trip. 1he folowing subfimits 8'so apply and are counted toward the rnieral 500 lb/ day and 1,500 lb/ trip groundfish timils: lingcod 300 lb/ month (minimum 24 inch size limtt); sablefish 2,000 lb/ month; canary rockflSh, thomyheads and yeloweye rockfish are PROHIBITED. AR other groundfish species taken am managed under the overall 500 lb/day and 1,500 lb/ trip groundf,sh limits. Landings of al groundflSh species count toward the per day, per trip or other speciesspecific subtimils described here and the species-specific timits described in the table above do not apply. The amount of groundf,sh landed may not exceed the amount of pink shrimp landed. C. 1/ Tile Rockffsh Conservation Area iS an area closed to f1Shlng by particular-gear types, bounded by Hnes specffically defined by latitude and longitude coordinates set out at§§ 660.71-660.74. This RCA is not defined by depth contoms (with the exception of the 20-fm depth contour boundary south of 42° N fat}., arid the boundary lines tllat define the RCA may close areas tllat are deeper or shallower than the depth contour. Vessels that are subject to RCA restrictions may not fish in the RCA, or operate in tfle RCA for any purpose othertllan transiting. Open access vessels may be allowed to fish inside groundflSh conservation areas using hook and Hne only. See§ 660.330 (d) of the regulations for more infonnatlon. 2/ Minar Shelf and Slope Rotknsh complexes are defined at§ 660.11. Pacific ocean perch is included in the trip limits tor minor s!Ope rockfiSll. Blackgut rockffSll have a species spec me trip sUb-limlt Wittlin the mmorslOpe rockf!Sh c1m1u1attve llmlts. Yelk>Wtall r-ockfiStl IS inCIUde<f In tire trtp Hmlts tor mlnOrstlelf rockflSh. Bronzespotte<em rockfiSfl have a species specmc trip llmlL 3/""0ttlerflaffish" are define<! at§ 660.11 aoo lnelll<fe butter SOie, curmn sole. flatheact SOie, Pacific sancklab. rex SOie, rock sole. and saoo sore 41 "Shallow Nea1Sl1ore" are defined at§ 660.11 under "GroundftSh" (7)(l)(B)(f )51 "Deeper Nearshore" are defined at§ 660.11 under "Groundfish" (7)(i)(B)(2 ). 61 The commercial mimimum size Hrnit for lingcod is 22 inches (fiS cm) South of 42" N lat. 7/ "0ttlerfrsh" are defiiled at§ 660.11 and includes kelp greenling off califomia and leopaftl shart. 81 Open access vessels may be allowed to ftsh inside groundfish conservation areas using hook and line only. See§ 660.330 (d} of the regulations for more .informatton. To convert pounds to kilograms, divide by 2.20482, the number of pounds in one kilogram. BILLING CODE 3510–22–C DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 The reapportionment of Pacific whiting went into effect at 4:30 p.m. (16:30) local time, September 26, 2024, and is effective through December 31, 2024. Comments will be accepted through November 6, 2024. DATES: ddrumheller on DSK120RN23PROD with RULES1 [RTID 0648–XE360] Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2024 Tribal Fishery Allocations for Pacific Whiting; Reapportionment Between Tribal and Non-Tribal Sectors National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Inseason reapportionment of tribal Pacific whiting allocation. AGENCY: VerDate Sep<11>2014 16:12 Oct 21, 2024 Jkt 265001 You may submit comments, identified by NOAA–NMFS–2024–0120 by the following method: Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA–NMFS–2024–0120 in the Search box. Click on the ‘‘Comment’’ icon, ADDRESSES: PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 complete the required fields, and enter or attach your comments. Instructions: Comments sent by any other method to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only. Electronic Access This notice is accessible online at the Office of the Federal Register’s website at https://www.federalregister.gov. Background information and documents E:\FR\FM\22OCR1.SGM 22OCR1 ER22OC24.002</GPH> This document announces the reapportionment of 45,000 metric tons of Pacific whiting from the tribal allocation to the non-tribal commercial fishery sectors via automatic action on September 26, 2024. This reapportionment is to allow full utilization of the Pacific whiting resource. SUMMARY: [FR Doc. 2024–24400 Filed 10–21–24; 8:45 am] Federal Register / Vol. 89, No. 204 / Tuesday, October 22, 2024 / Rules and Regulations are available at the NMFS West Coast Region website at https://www. fisheries.noaa.gov/region/west-coast. FOR FURTHER INFORMATION CONTACT: Colin Sayre, West Coast Region, NMFS, (206) 526–4656, Colin.Sayre@noaa.gov. SUPPLEMENTARY INFORMATION: Background ddrumheller on DSK120RN23PROD with RULES1 Pacific Whiting Pacific whiting (Merluccius productus) is a very productive species with highly variable recruitment (the biomass of fish that mature and enter the fishery each year) and a relatively short life span compared to other groundfish species. Pacific whiting has the largest annual allowable harvest levels (by volume) of the more than 90 groundfish species managed under the Pacific Coast Groundfish Fishery Management Plan (FMP), which governs the groundfish fishery off Washington, Oregon, and California. The coastwide Pacific whiting stock is managed jointly by the United States and Canada, and mature Pacific whiting are commonly available to vessels operating in U.S. waters from April through December. Background on the stock assessment, and the establishment of the 2024 Total Allowable Catch (TAC), for Pacific whiting was provided in the final rule for the 2024 Pacific whiting harvest specifications, published June 24, 2024 (89 FR 52398). Pacific whiting is allocated to the Pacific Coast treaty tribes (tribal fishery) and to three nontribal commercial sectors: the catcher/ processor cooperative (C/P Co-op), the mothership cooperative (MS Co-op), and the Shorebased Individual Fishery Quota (IFQ) Program. This notice announces the reapportionment of 45,000 metric tons (mt) of Pacific whiting from the tribal allocation to the non-tribal commercial sectors. This reapportionment was effective on September 26, 2024. Regulations at 50 CFR 660.131(h) contain provisions that allow the Regional Administrator to reapportion Pacific whiting from the tribal allocation, specified at 50 CFR 660.50, VerDate Sep<11>2014 16:12 Oct 21, 2024 Jkt 265001 that will not be harvested by the end of the fishing year to other sectors. TABLE 1—2024 PACIFIC WHITING ALLOCATIONS Pacific Whiting Reapportionment For 2024, the Pacific Coast treaty tribes were allocated 71,755.95 mt of Pacific whiting. The best available information on September 15, 2024, indicated that at least 45,000 mt of the tribal allocation would not be harvested by December 31, 2024. As required under the 2017 Endangered Species Act section 7(a)(2) biological opinion on the effects of the Pacific Coast Groundfish Fishery Management Plan on listed salmonids, NMFS considered the number and bycatch rate of Chinook salmon taken by the Pacific whiting fishery sectors prior to reapportionment. Based on the best available information in September 2024, NMFS determined there is low risk that the reapportionment will cause the Pacific whiting sector fisheries to exceed both the guideline limit of 11,000 and reserve of 3,500 Chinook salmon under current regulations and practices. At the time of this notice, incidental take of Chinook salmon by the non-tribal sectors is five percent of the guideline limit. NMFS will continue to monitor Chinook salmon bycatch as part of inseason management. To allow for increased utilization of the resource, on September 26, 2024, NMFS reapportioned 45,000 mt from the tribal allocation to the Shorebased IFQ Program, C/P Co-op, and MS Co-op in proportion to each sector’s original allocation. Reapportioning this amount is expected to allow for greater attainment of the TAC while not limiting tribal harvest opportunities for the remainder of the year. NMFS provided notice of the reapportionment on September 26, 2024, via emails sent directly to fishing businesses and individuals. Reapportionment was effective the same day as the notice. The amounts of Pacific whiting available for 2024 before and after the reapportionment are described in table 1 below. PO 00000 Frm 00049 Fmt 4700 Sfmt 9990 84303 Sector Tribal ................. C/P Coop .......... MS Coop ........... Shorebased IFQ Program ........ Initial 2024 allocation (mt) Final 2024 allocation (mt) 71,755.95 114,759.53 81,006.73 26,755.95 130,059.53 91,806.73 141,761.78 160,661.78 Classification NOAA’s Assistant Administrator for Fisheries (AA) finds that good cause exists for this notification to be issued without affording prior notice and opportunity for public comment pursuant to 5 U.S.C. 553(b)(B), because such notification would be impracticable and contrary to the public interest. As previously noted, NMFS provided actual notice of the reapportionment to fishery participants at the time of the action. Prior notice and opportunity for public comment on this reapportionment was impracticable because NMFS had insufficient time to provide prior notice between the time the information about the progress of the fishery needed to make this determination became available and the time at which fishery modifications had to be implemented in order to allow fishery participants access to the available fish during the remainder of the fishing season. For the same reasons, the AA also finds good cause to waive the 30-day delay in effectiveness for these actions, required under 5 U.S.C. 553(d)(3). These actions are authorized by 50 CFR 660.55(i), 660.60(d), and 660.131(h) and are exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 7001 et seq. Dated: October 16, 2024. Karen H. Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2024–24361 Filed 10–21–24; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\22OCR1.SGM 22OCR1

Agencies

[Federal Register Volume 89, Number 204 (Tuesday, October 22, 2024)]
[Rules and Regulations]
[Pages 84302-84303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24361]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[RTID 0648-XE360]


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2024 Tribal Fishery Allocations for 
Pacific Whiting; Reapportionment Between Tribal and Non-Tribal Sectors

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

ACTION: Inseason reapportionment of tribal Pacific whiting allocation.

-----------------------------------------------------------------------

SUMMARY: This document announces the reapportionment of 45,000 metric 
tons of Pacific whiting from the tribal allocation to the non-tribal 
commercial fishery sectors via automatic action on September 26, 2024. 
This reapportionment is to allow full utilization of the Pacific 
whiting resource.

DATES: The reapportionment of Pacific whiting went into effect at 4:30 
p.m. (16:30) local time, September 26, 2024, and is effective through 
December 31, 2024. Comments will be accepted through November 6, 2024.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2024-0120 
by the following method:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2024-0120 in the Search box. Click on the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Instructions: Comments sent by any other method to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record. All personal identifying information (e.g., name, 
address, etc.), confidential business information, or otherwise 
sensitive information submitted voluntarily by the sender will be 
publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' 
in the required fields if you wish to remain anonymous). Attachments to 
electronic comments will be accepted in Microsoft Word, Excel, or Adobe 
PDF file formats only.

Electronic Access

    This notice is accessible online at the Office of the Federal 
Register's website at https://www.federalregister.gov. Background 
information and documents

[[Page 84303]]

are available at the NMFS West Coast Region website at https://www.fisheries.noaa.gov/region/west-coast.

FOR FURTHER INFORMATION CONTACT: Colin Sayre, West Coast Region, NMFS, 
(206) 526-4656, [email protected].

SUPPLEMENTARY INFORMATION: 

Background

Pacific Whiting

    Pacific whiting (Merluccius productus) is a very productive species 
with highly variable recruitment (the biomass of fish that mature and 
enter the fishery each year) and a relatively short life span compared 
to other groundfish species. Pacific whiting has the largest annual 
allowable harvest levels (by volume) of the more than 90 groundfish 
species managed under the Pacific Coast Groundfish Fishery Management 
Plan (FMP), which governs the groundfish fishery off Washington, 
Oregon, and California. The coastwide Pacific whiting stock is managed 
jointly by the United States and Canada, and mature Pacific whiting are 
commonly available to vessels operating in U.S. waters from April 
through December. Background on the stock assessment, and the 
establishment of the 2024 Total Allowable Catch (TAC), for Pacific 
whiting was provided in the final rule for the 2024 Pacific whiting 
harvest specifications, published June 24, 2024 (89 FR 52398). Pacific 
whiting is allocated to the Pacific Coast treaty tribes (tribal 
fishery) and to three non-tribal commercial sectors: the catcher/
processor cooperative (C/P Co-op), the mothership cooperative (MS Co-
op), and the Shorebased Individual Fishery Quota (IFQ) Program.
    This notice announces the reapportionment of 45,000 metric tons 
(mt) of Pacific whiting from the tribal allocation to the non-tribal 
commercial sectors. This reapportionment was effective on September 26, 
2024. Regulations at 50 CFR 660.131(h) contain provisions that allow 
the Regional Administrator to reapportion Pacific whiting from the 
tribal allocation, specified at 50 CFR 660.50, that will not be 
harvested by the end of the fishing year to other sectors.

Pacific Whiting Reapportionment

    For 2024, the Pacific Coast treaty tribes were allocated 71,755.95 
mt of Pacific whiting. The best available information on September 15, 
2024, indicated that at least 45,000 mt of the tribal allocation would 
not be harvested by December 31, 2024. As required under the 2017 
Endangered Species Act section 7(a)(2) biological opinion on the 
effects of the Pacific Coast Groundfish Fishery Management Plan on 
listed salmonids, NMFS considered the number and bycatch rate of 
Chinook salmon taken by the Pacific whiting fishery sectors prior to 
reapportionment. Based on the best available information in September 
2024, NMFS determined there is low risk that the reapportionment will 
cause the Pacific whiting sector fisheries to exceed both the guideline 
limit of 11,000 and reserve of 3,500 Chinook salmon under current 
regulations and practices. At the time of this notice, incidental take 
of Chinook salmon by the non-tribal sectors is five percent of the 
guideline limit. NMFS will continue to monitor Chinook salmon bycatch 
as part of inseason management.
    To allow for increased utilization of the resource, on September 
26, 2024, NMFS reapportioned 45,000 mt from the tribal allocation to 
the Shorebased IFQ Program, C/P Co-op, and MS Co-op in proportion to 
each sector's original allocation. Reapportioning this amount is 
expected to allow for greater attainment of the TAC while not limiting 
tribal harvest opportunities for the remainder of the year. NMFS 
provided notice of the reapportionment on September 26, 2024, via 
emails sent directly to fishing businesses and individuals. 
Reapportionment was effective the same day as the notice.
    The amounts of Pacific whiting available for 2024 before and after 
the reapportionment are described in table 1 below.

                Table 1--2024 Pacific Whiting Allocations
------------------------------------------------------------------------
                                                  Initial
                                                    2024      Final 2024
                    Sector                       allocation   allocation
                                                    (mt)         (mt)
------------------------------------------------------------------------
Tribal........................................    71,755.95    26,755.95
C/P Coop......................................   114,759.53   130,059.53
MS Coop.......................................    81,006.73    91,806.73
Shorebased IFQ Program........................   141,761.78   160,661.78
------------------------------------------------------------------------

Classification

    NOAA's Assistant Administrator for Fisheries (AA) finds that good 
cause exists for this notification to be issued without affording prior 
notice and opportunity for public comment pursuant to 5 U.S.C. 
553(b)(B), because such notification would be impracticable and 
contrary to the public interest. As previously noted, NMFS provided 
actual notice of the reapportionment to fishery participants at the 
time of the action. Prior notice and opportunity for public comment on 
this reapportionment was impracticable because NMFS had insufficient 
time to provide prior notice between the time the information about the 
progress of the fishery needed to make this determination became 
available and the time at which fishery modifications had to be 
implemented in order to allow fishery participants access to the 
available fish during the remainder of the fishing season. For the same 
reasons, the AA also finds good cause to waive the 30-day delay in 
effectiveness for these actions, required under 5 U.S.C. 553(d)(3).
    These actions are authorized by 50 CFR 660.55(i), 660.60(d), and 
660.131(h) and are exempt from review under Executive Order 12866.

    Authority: 16 U.S.C. 1801 et seq. and 16 U.S.C. 7001 et seq.

    Dated: October 16, 2024.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-24361 Filed 10-21-24; 8:45 am]
BILLING CODE 3510-22-P


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