Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Pacific Whiting; Pacific Coast Groundfish Fishery Management Plan; Amendment 21-3; Trawl Rationalization Program

NMFS issues this final rule to change the management of the Pacific whiting at-sea sectors' (i.e., the Mothership [MS] and Catcher/ Processor [C/P] sectors) allocations for darkblotched rockfish and Pacific ocean perch (POP) by managing the allocations as set-asides rather than as total catch limits, under the authority of the Pacific Coast Groundfish Fishery Management Plan (FMP), and the Magnuson- Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). This rule revises regulations in accordance with Amendment 21-3 to the FMP (see electronic access under SUPPLEMENTARY INFORMATION) so that higher than anticipated harvest of darkblotched rockfish or POP that exceeds a sector's initial distribution of those species will not require automatic closure of one or more of the Pacific whiting at-sea sectors. This action is intended to reduce the risk of the Pacific whiting at-sea sectors not attaining their respective Pacific whiting allocations due to the incidental catch of darkblotched rockfish or POP causing early closure of those sectors. This action does not change or increase the risk of exceeding darkblotched rockfish or POP ACLs, because it also allows NMFS to close one or both of the Pacific whiting at-sea sectors via automatic action if the species-specific set-aside amounts plus the available reserve for unforeseen catch events, known colloquially as the "buffer," are anticipated to be exceeded. This rule will ensure that the Pacific whiting fishery is managed in accordance with the goals and objectives of the Magnuson-Stevens Act, the FMP, and other applicable laws.