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Federal Register / Vol. 86, No. 29 / Tuesday, February 16, 2021 / Proposed Rules
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 U.S. 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 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 tribal catcher vessels who elect to participate in the tribal fishery are measured with an estimate of exvessel revenue. In lieu of more complete information on tribal deliveries, total exvessel revenue is estimated with the 2020 average shoreside ex-vessel price of Pacific whiting, which was $154 per mt. At that price, the proposed 2020
tribal allocation potentially 24,417
mt96,563 mt would have an ex-vessel value between $3.8 million and $14.9
million.

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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 NMFS considered two alternatives for the Pacific whiting action: The No Action and the Proposed Action.
NMFS did not consider a broader range of alternatives to the proposed allocation. The tribal allocation is based primarily on the requests of the tribes.
These requests reflect the level of
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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 between 24,417 mt and 96,563 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 Determination of No Significant Impact NMFS determined this proposed rule would not adversely affect small entities. The reapportioning process allows unharvested tribal allocations of Pacific whiting, fished by small entities,
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to be fished by the non-tribal fleets, benefitting both large and small entities.
NMFS has prepared an IRFA and is requesting comments on this conclusion. See ADDRESSES.
This proposed rule contains no information collection requirements under the Paperwork Reduction Act of 1995.
No Federal rules have been identified that duplicate, overlap, or conflict with this action.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian Fisheries.
Dated: February 8, 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 proposed to be amended as follows:
PART 660FISHERIES OFF WEST
COAST STATES
1. The authority citation for part 660
continues to read as follows:

Authority: 16 U.S.C. 1801 et seq., 16
U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.

2. In 660.50, revise paragraph f4
to read as follows:

660.50 Pacific Coast treaty Indian fisheries.

f
4 Pacific whiting. The tribal allocation for 2021 will be 17.5 percent of the U.S. TAC.

FR Doc. 202102814 Filed 21221; 8:45 am BILLING CODE 351022P

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