# Shorebased IFQ Program.
**AGENCY:**
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
**ACTION:**
Final rule.
**SUMMARY:**
NMFS issues this final rule for the 2017 Pacific whiting fishery under the authority of the Pacific Coast Groundfish Fishery Management Plan (FMP), the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), and the Pacific Whiting Act of 2006. This final rule announces the 2017 U.S. Total Allowable Catch (TAC) of 441,433 metric tons (mt) of Pacific whiting, establishes a set-aside for research and bycatch of 1,500 mt, and announces Pacific whiting allocations shown in Table 1 (see *SUPPLEMENTARY INFORMATION* ) to the tribal and non-tribal fisheries for 2017. This rule will ensure that the 2017 Pacific whiting fishery is managed in accordance with the goals and objectives of the Magnuson-Stevens Act, the FMP, the Pacific Whiting Act of 2006, and other applicable laws.
**DATES:**
Effective May 8, 2017.
**FOR FURTHER INFORMATION CONTACT:**
Miako Ushio (West Coast Region, NMFS), phone: 206-526-4644, and email: *[email protected].*
**SUPPLEMENTARY INFORMATION:**
| Sector | 2017 Pacific |
| --- | --- |
| Tribal | 77,251 |
| Catcher/Processor (C/P) Coop Program | 123,312 |
| Mothership Coop Program | 87,044 |
| Shorebased IFQ Program | 152,327 |
**Electronic Access**
This final rule is accessible via the Internet at the Office of the Federal Register Web site at *https://www.federalregister.gov.* Background information and documents are available at the NMFS West Coast Region Web site at *http://www.westcoast.fisheries.noaa.gov/fisheries/management/whiting/pacific_whiting.html* and at the Pacific Fishery Management Council's Web site at *http://www.pcouncil.org/.*
The final environmental impact statement (FEIS) regarding Harvest Specifications and Management Measures for 2015-2016 and Biennial Periods Thereafter, and the Final Environmental Assessment for Pacific Coast Groundfish Harvest Specifications and Management Measures for 2017-2018 and Amendment 27 to the Pacific Coast Groundfish Fishery Management Plan, are available on the NMFS West Coast Region Web site at: *www.westcoast.fisheries.noaa.gov/publications/nepa/groundfish/groundfish_nepa_documents.html* and copies are available from Chuck Tracy, Executive Director, Pacific Fishery Management Council (Council), 7700 NE. Ambassador Place, Portland, OR 97220, phone: 503-820-2280.
**Background**
This final rule announces the TAC for Pacific whiting, which was determined under the terms of the Agreement with Canada on Pacific Hake/Whiting (the Agreement) and the Pacific Whiting Act of 2006 (the Whiting Act), 16 U.S.C. 7001-7010. The Agreement and the Whiting Act establish bilateral bodies to implement the terms of the Agreement, each with various responsibilities, including: The Joint Management Committee (JMC), which is the decision-making body; the Joint Technical Committee (JTC), which conducts the stock assessment; the Scientific Review Group (SRG), which reviews the stock assessment; and the Advisory Panel (AP), which provides stakeholder input to the JMC (The Agreement, Art. II; 16 U.S.C. 7001-7005). The Agreement establishes a default harvest policy (F-40 percent with a 40/10 adjustment, where F-40 percent means the average fishing mortality rate at which biomass is at 40 percent of its estimated unfished level) and allocates 73.88 percent of the TAC to the United States and 26.12 percent of the TAC to Canada (The Agreement, Art. III). The JMC is primarily responsible for developing a TAC recommendation to the Parties (United States and Canada). The Secretary of Commerce, in consultation with the Secretary of State, has the authority to accept or reject this recommendation.
**Historic Catch**
Coastwide Pacific whiting fishery landings averaged 226,439 mt from 1966 to 2016, with a low of 89,930 mt in 1980 and a peak of 363,135 mt in 2005. The coastwide catch in 2016 was 329,427 mt of a 497,500 mt coastwide TAC, the highest since 2005, and 68 percent higher than the catch in 2015. The 2010 cohort (age-6 fish) was the numerically dominant cohort in Canadian fishery catches in 2016, while the 2014 cohort (age-2 fish) was the numerically dominant cohort in U.S. fishery catches. The 2016 U.S. harvest represented 71 percent of its allocation and Canada harvested 54 percent of its allocation.
In the U.S., the Makah Tribe was initially allocated 64,322 mt Pacific whiting for 2016, of which 34,000 mt was reallocated inseason to non-Tribal sectors on September 15, 2016 (82 FR 12922). The Makah tribe caught approximately 2,500 mt of Pacific whiting in 2016. The U.S. non-tribal sectors catch compared to their final allocations were: Catcher-Processor: 108,786 of 114,149 mt; Mothership: 65,035 of 80,575 mt; and Shorebased: 85,293 of 141,007 mt.
**2017 Pacific Whiting Stock Assessment**
The JTC prepared the stock assessment document “Status of Pacific hake (whiting) stock in U.S. and Canadian waters in 2017,” dated February 22, 2017. This assessment presents a model that depends primarily upon an acoustic survey biomass index and on catches of the transboundary Pacific whiting stock to estimate the biomass of the current stock. The most recent survey was conducted in 2015. As with past surveys, it was conducted collaboratively between the Department of Fisheries and Oceans Canada and NMFS.
The stock is currently estimated to be at its highest level since the 1980s as a result of large 2010 and 2014 cohorts. The female spawning biomass estimate is above 2 million mt, an estimated 89 percent of the unfished levels. As with past estimates, there is a considerable range of uncertainty associated with this estimate because the youngest cohorts that make up a large portion of the survey biomass have not been observed for very long. Both age-composition data from the aggregated fisheries (1975-2016) and the acoustic survey data indicate an exceptionally strong 2010 cohort, and an above average 2014 cohort contributing to recent increases in the survey index. Coastwide catches in recent years have depended on the 2010 cohort, which comprised an estimated 70 percent of the commercial catch in 2013, 64 percent in 2014, and 71 percent in 2015. In 2016, the 2010 cohort was the most common cohort in the spring, but by fall, a majority of catch was from the 2014 (age-2) cohort.
The JTC provided tables showing catch alternatives for 2017. Using the default F-40 percent harvest rule identified in the Agreement [Paragraph 1 of Article III] results in a coastwide TAC for 2017 of 969,840 mt. Projections setting the 2017 and 2018 catch equal to the 2016 TAC of 497,500 mt show the estimated median relative spawning biomass decreasing from 89 percent in 2017 to 85 percent in 2018 and to 79 percent in 2019, with only a small chance (16 percent) of the spawning biomass falling below 40 percent of estimated historic biomass levels in 2019. There is an estimated 63 percent chance of the spawning biomass declining from 2017 to 2018, and an 80 percent chance of it declining from 2018 to 2019 under this constant catch level. However, the 2017 estimate of median stock biomass is well above the overfished threshold, and fishing intensity is well below the F-40 percent target. This indicates that the coastal Pacific whiting stock is not overfished and that overfishing is not occurring.
**Scientific and Management Reviews**
The SRG met in Vancouver, British Columbia (Canada), February 14-16, 2017, to review the draft stock assessment prepared by the JTC. In addition to summarizing the stock assessment, the SRG noted several key points. First, the 2017 median biomass estimate increased slightly from 2016 due to above-average recruitment in 2014. Second, the 2014 year class is estimated to be among the largest observed and is likely to be important to stock dynamics for many years. Third, the influence of the 2010 year class has declined and will continue to do so under any fishing scenario because losses of biomass through natural mortality are greater than gains from growth. The SRG recommended the base model in the 2017 assessment as the best available scientific information available on Pacific whiting. In conclusion, the scientific advice provided the JMC with considerable flexibility in their deliberations, and the presence of two large year classes allowed consideration of increasing the TAC from last year.
The AP and JMC met on February 28-March 2, 2017, in Lynnwood, Washington. The AP provided its 2017 TAC recommendation to the JMC on March 1, 2017. The JMC reviewed the advice of the JTC, the SRG, and the AP, and agreed on a TAC recommendation for transmittal to the Parties. Paragraph 1 of Article III of the Agreement directs the default harvest rate to be used unless scientific evidence demonstrates that a different rate is necessary to sustain the offshore Pacific whiting resource.
After consideration of the 2017 stock assessment and other relevant scientific information, the JMC did not use the default harvest rate. Instead, a more conservative approach was agreed upon. There were two primary reasons for choosing a TAC well below the default level of F-40 percent: (1) A desire to minimize mortality of the potentially strong 2014 year class, of which the scale is uncertain, but which is anticipated to be important to the fishery over the next several years; and (2) extending the harvest available from the 2010 year class. This conservative TAC setting process, endorsed by the AP, resulted in a JMC-recommended TAC that is less than what it would be using the default harvest rate under the Agreement, and is consistent with Article III (1) of the Agreement.
The JMC recommended an unadjusted TAC of 531,501 mt for 2017. Fifteen percent of each Party's individual unadjusted 2016 TAC is added to that Party's TAC for 2016 in accordance with Article II of the Agreement, resulting in a 2017 adjusted coastwide TAC of 597,500 mt. The recommendation for an unadjusted 2017 United States TAC of 392,673 mt, plus 48,760 mt carryover of uncaught quota from 2016 results in an adjusted United States TAC of 441,433 mt for 2017 (73.88 percent of the coastwide TAC). This recommendation is consistent with the best available science, provisions of the Agreement, and the Whiting Act. The recommendation was transmitted via letter to the Parties on March 2, 2017. NMFS, under delegation of authority from the Secretary of Commerce, approved the adjusted TAC recommendation of 441,433 mt for U.S. fisheries on April 5, 2017.
**Tribal Fishery Allocation**
This final rule establishes the tribal allocation of Pacific whiting for 2017. NMFS issued a proposed rule regarding this allocation on March 23, 2017 (82 FR 14850). A summary of comments received during the public comment period can be found below in Comments and Responses. This action finalizes the tribal allocation. Since 1996, NMFS has been allocating a portion of the U.S. TAC of Pacific whiting to the tribal fishery using the process described in § 660.50(d)(1). According to § 660.55(b), 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.
The proposed rule described the tribal allocation as 17.5 percent of the U.S. TAC, and projected a range of potential tribal allocations for 2017 based on a range of U.S. TACs over the last 10 years (plus or minus 25 percent to capture variability in stock abundance). As described in the proposed rule, the resulting range of potential tribal allocations was 17,842 to 80,402 mt. Applying the approach described in the proposed rule, NMFS is establishing the 2017 tribal allocation of 77,251 mt (17.5 percent of the total adjusted U.S. TAC) at § 660.50(f)(4) by this final rule. While the total amount of Pacific whiting to which the Tribes are entitled under their treaty right has not yet been determined, and new scientific information or discussions with the relevant parties may impact that decision, the best available scientific information to date suggests that 77,251 mt is within the likely range of potential treaty right amounts.
As with prior tribal Pacific whiting allocations, this final rule is not intended to establish precedent for future Pacific whiting seasons, or for the determination of the total amount of Pacific whiting to which the Tribes are entitled under their treaty right. Rather, this rule adopts an interim allocation. The long-term tribal treaty amount will be based on further development of scientific information and additional coordination and discussion with and among the coastal tribes and the State of Washington.
**Harvest Guidelines and Allocations**
This final rule establishes the fishery harvest guideline (HG), sometimes called the non-tribal allocation, and allocates it among the three non-tribal sectors of the Pacific whiting fishery. The 2017 fishery HG for Pacific whiting is 362,682 mt. This amount was determined by deducting from the total U.S. TAC of 431,433 mt, the 77,251 mt tribal allocation, along with 1,500 mt for scientific research catch and fishing mortality in non-groundfish fisheries.
The HG was not included in the tribal whiting proposed rule published on March 23, 2017 (82 FR 14850) for two reasons related to timing and process. First, a recommendation on the coastwide TAC for Pacific whiting for 2017, under the terms of the Agreement with Canada, was not available during development of the proposed rule. The recommendation for a U.S. TAC was approved by NMFS, under delegation of authority from the Secretary of Commerce, on April 5, 2017. Second, the fishery HG is established following deductions from the U.S. TAC for the tribal allocation, mortality in scientific research activities, and fishing mortality in non-groundfish fisheries, which are established by the Council on an annual basis once the TAC is available, based on estimates of scientific research catch and estimated bycatch mortality in non-groundfish fisheries.
Regulations at § 660.55(i)(2) allocate the fishery HG among the non-tribal C/P Coop Program, Mothership Coop Program, and Shorebased IFQ Program sectors of the Pacific whiting fishery. The C/P Coop Program is allocated 34 percent (123,312 mt for 2017), the Mothership Coop Program is allocated 24 percent (87,044 mt for 2017), and the Shorebased IFQ Program is allocated 42 percent (152,327 mt for 2017). The fishery south of 42° N. lat. may not take more than 7,616 mt (5 percent of the Shorebased IFQ Program allocation) prior to May 15, the start of the primary Pacific whiting season north of 42° N. lat.
The 2017 allocations of canary rockfish, darkblotched rockfish, Pacific ocean perch and widow rockfish to the Pacific whiting fishery were published in a final rule on February 7, 2017 (82 FR 9634). The allocations to the Pacific whiting fishery for these species are described in the footnotes to Table 2.b to part 660, subpart C and are not changed via this rulemaking.
**Comments and Responses**
On March 23, 2017, NMFS issued a proposed rule for the allocation and management of the 2017 tribal Pacific whiting fishery (82 FR 14850). The comment period on the proposed rule closed on April 24, 2017. NMFS received one public comment in support of honoring treaties with Native Americans. The regulations at 50 CFR 660.50(d) address the implementation of the treaty rights that Pacific Coast treaty Indian tribes have to harvest groundfish in their usual and accustomed fishing areas in U.S. waters. Following the process established in 50 CFR 660.50(d), NMFS allocated a portion of the U.S. TAC of Pacific whiting to the tribal fishery. No changes were made from the proposed rule based on public comments.
**Classification**
The Annual Specifications and Management Measures for the 2017 Tribal and non-Tribal Fisheries for Pacific Whiting are issued under the authority of the Magnuson-Stevens Act, and the Pacific Whiting Act of 2006, and are in accordance with 50 CFR part 660, subparts C through G, the regulations implementing the FMP. NMFS has determined that this rule is consistent with the national standards of the Magnuson-Stevens Act and other applicable laws.
Pursuant to 5 U.S.C. 553(b)(B), the NMFS Assistant Administrator finds good cause to waive prior public notice and comment and delay in effectiveness for those provisions in this final rule that were not included in the proposed rule (March 23, 2017, 82 FR 14850), *e.g.,* the U.S. TAC, as delaying this rule would be impracticable and contrary to the public interest. The annual harvest specifications for Pacific whiting must be implemented by the start of the primary Pacific whiting season, which begins on May 15, 2017, or the primary Pacific whiting season will effectively remain closed.
Every year, NMFS conducts a Pacific whiting stock assessment in which U.S. and Canadian scientists cooperate. The 2017 stock assessment for Pacific whiting was prepared in early 2017, and included updated total catch, length and age data from the U.S. and Canadian fisheries from 2016, and biomass indices from the 2015 Joint U.S.-Canadian acoustic/midwater trawl surveys. Because of this late availability of the most recent data for the assessment, and the need for time to conduct the treaty process for determining the TAC using the most recent assessment, it would not be possible to allow for notice and comment before the start of the primary Pacific whiting season on May 15.
A delay in implementing the Pacific whiting harvest specifications to allow for notice and comment would be contrary to the public interest because it would require either a shorter primary whiting season or development of a TAC without the most recent data. A shorter season could prevent the tribal and non-tribal fisheries from attaining their 2017 allocations, which would result in unnecessary short-term adverse economic effects for the Pacific whiting fishing vessels and the associated fishing communities. A TAC determined without the most recent data could fail to account for significant fluctuations in the biomass of this relatively short-lived species. To prevent these adverse effects and to allow the Pacific whiting season to commence, it is in the best interest of the public to waive prior notice and comment.
In addition, pursuant to 5 U.S.C. 553(d)(3), the NMFS Assistant Administrator finds good cause to waive the 30-day delay in effectiveness. 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. Failure to make this final rule effective at the start of the fishing year will undermine the intent of the rule, which is to promote the optimal utilization and conservation of Pacific whiting. Making this rule effective immediately would also serve the best interests of the public because it will allow for the longest possible Pacific whiting fishing season and therefore the best possible economic outcome for those whose livelihoods depend on this fishery. Because the 30-day delay in effectiveness would potentially cause significant financial harm without providing any corresponding benefits, this final rule is effective upon publication in the *Federal Register* .
NMFS issued Biological Opinions under the Endangered Species Act (ESA) on August 10, 1990, November 26, 1991, August 28, 1992, September 27, 1993, May 14, 1996, and December 15, 1999, pertaining to the effects of the Groundfish FMP fisheries on Chinook salmon (Puget Sound, Snake River spring/summer, Snake River fall, upper Columbia River spring, lower Columbia River, upper Willamette River, Sacramento River winter, Central Valley spring, California coastal), coho salmon (Central California coastal, southern Oregon/northern California coastal), chum salmon (Hood Canal summer, Columbia River), sockeye salmon (Snake River, Ozette Lake), and steelhead (upper, middle and lower Columbia River, Snake River Basin, upper Willamette River, central California coast, California Central Valley, south/central California, northern California, southern California). These biological opinions have concluded that implementation of the FMP is not expected to jeopardize the continued existence of any endangered or threatened species under the jurisdiction of NMFS, or result in the destruction or adverse modification of critical habitat.
NMFS issued a Supplemental Biological Opinion on March 11, 2006, concluding that neither the higher observed bycatch of Chinook in the 2005 whiting fishery nor new data regarding salmon bycatch in the groundfish bottom trawl fishery required a reconsideration of its prior “no jeopardy” conclusion. NMFS also reaffirmed its prior determination that implementation of the FMP is not likely to jeopardize the continued existence of any of the affected Evolutionarily Significant Units (ESUs). Lower Columbia River coho (70 FR 37160, June 28, 2005) and Oregon Coastal coho (73 FR 7816, February 11, 2008) were relisted as threatened under the ESA. The 1999 biological opinion concluded that the bycatch of salmonids in the Pacific whiting fishery were almost entirely Chinook salmon, with little or no bycatch of coho, chum, sockeye, and steelhead.
NMFS has reinitiated section 7 consultation on the Pacific Coast Groundfish FMP with respect to its effects on listed salmonids. In the event the consultation identifies either reasonable and prudent alternatives to address jeopardy concerns, or reasonable and prudent measures to minimize incidental take, NMFS would coordinate with the Council to put additional alternatives or measures into place, as required. After reviewing the available information, NMFS has concluded that, consistent with sections 7(a)(2) and 7(d) of the ESA, this action will not jeopardize any listed salmonid species, would not adversely modify any designated critical habitat, and will not result in any irreversible or irretrievable commitment of resources that would have the effect of foreclosing the formulation or implementation of any reasonable and prudent alternative measures.
On December 7, 2012, NMFS completed a biological opinion concluding that the groundfish fishery is not likely to jeopardize non-salmonid marine species, including listed eulachon, the southern distinct population segment (DPS) of green sturgeon, humpback whales, the eastern DPS of Steller sea lions, and leatherback sea turtles. The opinion also concluded that the fishery is not likely to adversely modify critical habitat for green sturgeon and leatherback sea turtles. An analysis included in the same document as the opinion concludes that the fishery is not likely to adversely affect green sea turtles, olive ridley sea turtles, loggerhead sea turtles, sei whales, North Pacific right whales, blue whales, fin whales, sperm whales, Southern Resident killer whales, Guadalupe fur seals, or the critical habitat for Steller sea lions. Since that biological opinion, the eastern DPS of Steller sea lions was delisted on November 4, 2013 (78 FR 66140); however, this delisting did not change the designation of the codified critical habitat for the eastern DPS of Steller sea lions. On January 21, 2013, NMFS evaluated the fishery's effects on eulachon to consider whether the 2012 opinion should be reconsidered in light of new information from the 2011 fishery and the proposed chafing gear modifications. NMFS determined that information about bycatch of eulachon in 2011 and chafing gear regulations did not change the effects that were analyzed in the December 7, 2012, biological opinion, or provide any other basis to reinitiate consultation. At the Pacific Fishery Management Council's June 2015 meeting, new estimates of eulachon take from fishing activity under the FMP indicated that the incidental take threshold in the 2012 biological opinion was exceeded again in 2013. The increased bycatch may be due to increased eulachon abundance. In light of the new fishery and abundance information, NMFS has reinitiated consultation on eulachon. In the event the consultation identifies either reasonable and prudent alternatives to address jeopardy concerns, or reasonable and prudent measures to minimize incidental take, NMFS would coordinate with the Council to put additional alternatives or measures into place, as required. After reviewing the available information, NMFS concluded that, consistent with sections 7(a)(2) and 7(d) of the ESA, this action will not jeopardize any listed species, would not adversely modify any designated critical habitat, and will not result in any irreversible or irretrievable commitment of resources that would have the effect of foreclosing the formulation or implementation of any reasonable and prudent alternative measures.
On November 21, 2012, the U.S. Fish and Wildlife Service (FWS) issued a biological opinion concluding that the groundfish fishery will not jeopardize the continued existence of the short-tailed albatross. The FWS also concurred that the fishery is not likely to adversely affect the marbled murrelet, California least tern, southern sea otter, bull trout, nor bull trout critical habitat. The 2012-2013 two-year average of short-tailed albatross take in the groundfish fishery, using expanded annual estimates of black-footed albatross as a proxy, ranged from 1.35 to 2.0 for the lower short-tailed albatross population estimate to 1.45 to 2.15 for the higher population estimates, which exceeded the 2 per 2-year period identified in the incidental take statement in the biological opinion. This led NMFS to reinitiate ESA Section 7 consultation on take of this species in the Pacific Coast Groundfish Fishery in December 2016, which is expected to conclude shortly before publication of this Final Rule. Take of short-tailed albatross has not been observed in the Pacific whiting fishery, which is a midwater trawl fishery. After reviewing the available information, NMFS has concluded that, consistent with sections 7(a)(2) and 7(d) of the ESA, this action will not jeopardize listed short-tailed albatross, would not adversely modify any designated critical habitat, and will not result in any irreversible or irretrievable commitment of resources that would have the effect of foreclosing the formulation or implementation of any reasonable and prudent alternative measures. In the event the consultation identifies either reasonable and prudent alternatives to address jeopardy concerns, or reasonable and prudent measures to minimize incidental take, NMFS will coordinate with the Council to put additional alternatives or measures into place, as required.
The Office of Management and Budget has determined that this final rule is not significant for purposes of Executive Order 12866.
NMFS published a proposed rule on March 13, 2017 (82 FR 14850), for the allocation of the 2017 tribal Pacific whiting fishery. The comment period on the proposed rule closed on April 24, 2017, and no comments were received on the initial regulatory flexibility analysis (IRFA), or the economic impacts of this action generally. 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 initial regulatory flexibility analysis (IRFA). NMFS also prepared a Regulatory Impact Review (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.
The FRFA describes the impacts on small entities, which are defined in the IRFA for this action and not repeated here. Because tribes are not addressed in the RFA, they are not considered small entities; however, they are considered in the FRFA for this action. The current tribal fleet is composed of 5 trawlers but in recent years, there have been fewer vessels actually fishing. We expect one tribal entity, the Makah Tribe, to fish in 2017. Currently, the Shorebased IFQ Program is composed of 172 quota share permits/accounts, 152 vessel accounts, and 44 first receivers, only a portion of which participate in the Pacific whiting fishery. These regulations also directly affect participants in the MS Coop 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. The MS Coop program currently consists of six MS processor permits, and a catcher vessel fleet currently composed of a single coop, 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 Coop 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 two 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 the NMFS and Small Business Administration size criteria described above, permit applicants were asked if they considered themselves a small business, and to provide detailed ownership information. 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 final regulations, 89 of which are considered small businesses.
Sector allocations in 2017 are 20 percent higher than in 2016. NMFS concludes that this rule will be beneficial to both large and small entities, and will not adversely affect small entities.
There are no reporting or recordkeeping requirements associated with this final rule. No Federal rules have been identified that duplicate, overlap, or conflict with this action.
NMFS considered two alternatives for this action: The “No-Action” alternative and the “Proposed Action” alternative. Under the Proposed Action alternative, NMFS proposed to set the tribal allocation percentage at 17.5 percent, as requested by the tribes. These requests reflect the level of participation in the fishery that will allow the tribes to exercise their treaty right to fish for Pacific whiting. 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 2017, 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 2017, this alternative received no further consideration.
The preamble to the proposed rule and this final rule serve as the small entity compliance guide required by Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. This action does not require any additional compliance from small entities that is not described in the preamble. Copies of this final rule are available from NMFS at the following Web site: *http://www.westcoast.fisheries.noaa.gov/fisheries/management/whiting/pacific_whiting.html*
Pursuant to Executive Order 13175, this final rule was developed after meaningful collaboration with tribal officials from the area covered by the FMP. Consistent with the Magnuson-Stevens Act at 16 U.S.C. 1852(b)(5), one of the voting members of the Pacific Council is a representative of an Indian tribe with federally recognized fishing rights from the area of the Council's jurisdiction. In addition, NMFS has coordinated specifically with the tribes interested in the whiting fishery regarding the issues addressed by this final rule.
**List of Subjects in 50 CFR Part 660**
Fisheries, Fishing, Indian fisheries.
Dated: May 3, 2017.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 660 is amended as follows:
**PART 660—FISHERIES OFF WEST COAST STATES**
**50 CFR Part 660**
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.*
**50 CFR Part 660**
2. In § 660.50, revise paragraph (f)(4) to read as follows:
§ 660.50
(f) * * *
(4) *Pacific whiting.* The tribal allocation for 2017 is 77,251 mt.
**50 CFR Part 660**
3. Tables 1a and 1b to part 660, subpart C, are revised to read as follows:
| Species | Area | OFL | ABC | ACL | Fishery hg |
| --- | --- | --- | --- | --- | --- |
| BOCACCIO | S. of 40°10′ N. lat. | 2,139 | 2,044 | 790 | 775 |
| COWCOD | S. of 40°10′ N, lat. | 70 | 63 | 10 | 8 |
| DARKBLOTCHED ROCKFISH | Coastwide | 671 | 641 | 641 | 564 |
| PACIFIC OCEAN PERCH | N. of 40°10′ N. lat. | 964 | 922 | 281 | 232 |
| YELLOWEYE ROCKFISH | Coastwide | 57 | 47 | 20 | 15 |
| Arrowtooth flounder | Coastwide | 16,571 | 13,804 | 13,804 | 11,706 |
| Big skate | Coastwide | 541 | 494 | 494 | 437 |
| Black rockfish | California (South of 42° N. lat.) | 349 | 334 | 334 | 333 |
| Black rockfish | Oregon (Between 46°16′ N. lat. and 42° N. lat.) | 577 | 527 | 527 | 526 |
| Black rockfish | Washington (N. of 46°16′ N. lat.) | 319 | 305 | 305 | 287 |
| Blackgill rockfish | S. of 40°10′ N. lat. | NA | NA | NA | NA |
| Cabezon | California (South of 42° N. lat.) | 157 | 150 | 150 | 150 |
| Cabezon | Oregon (Between 46°16′ lat. and 42° N. lat.) | 49 | 47 | 47 | 47 |
| California scorpionfish | S. of 34°27′ N. lat. | 289 | 264 | 150 | 148 |
| Canary rockfish | Coastwide | 1,793 | 1,714 | 1,714 | 1,467 |
| Chilipepper | S. of 40°10′ N. lat. | 2,727 | 2,607 | 2,607 | 2,561 |
| Dover sole | Coastwide | 89,702 | 85,755 | 50,000 | 48,406 |
| English sole | Coastwide | 10,914 | 9,964 | 9,964 | 9,751 |
| Lingcod | N. of 40°10′ N. lat. | 3,549 | 3,333 | 3,333 | 3,055 |
| Lingcod | S. of 40°10′ N. lat. | 1,502 | 1,251 | 1,251 | 1,242 |
| Longnose skate | Coastwide | 2,556 | 2,444 | 2,000 | 1,853 |
| Longspine thomyhead | Coastwide | 4,571 | 3,808 | NA | NA |
| Longspine thomyhead | N. of 34°27′ N. lat. | NA | NA | 2,894 | 2,847 |
| Longspine thomyhead | S. of 34°27′ N. lat. | NA | NA | 914 | 911 |
| Pacific cod | Coastwide | 3,200 | 2,221 | 1,600 | 1,091 |
| Pacific whiting | Coastwide | 969,840 | z | z | 362,682 |
| Petrale sole | Coastwide | 3,280 | 3,136 | 3,136 | 2,895 |
| Sablefish | Coastwide | 8,050 | 7,350 | NA | NA |
| Sablefish | N. of 36° N. lat. | NA | NA | 5,252 | See Table lc |
| Sablefish | S. of 36° N. Lat. | NA | NA | 1,864 | 1,859 |
| Shortbelly rockfish | Coastwide | 6,950 | 5,789 | 500 | 489 |
| Shortspine thomyhead | Coastwide | 3,144 | 2,619 | NA | NA |
| Shortspine thomyhead | N. of 34°27′ N. lat. | NA | NA | 1,713 | 1,654 |
| Shortspine thomyhead | S. of 34°27 N. lat. | NA | NA | 906 | 864 |
| Spiny dogfish | Coastwide | 2,514 | 2,094 | 2,094 | 1,756 |
| Splitriose rockfish | S. of 40°10′ N. lat. | 1,841 | 1,760 | 1,760 | 1,749 |
| Starry flounder | Coastwide | 1,847 | 1,282 | 1,282 | 1,272 |
| Widow rockfish | Coastwide | 14,130 | 13,508 | 13,508 | 13,290 |
| Yellowtail rockfish | N. of 40°10′ N. lat. | 6,786 | 6,196 | 6,196 | 5,166 |
| Minor Nearshore Rockfish | N. of 40°10′ N. lat., | 118 | 105 | 105 | 103 |
| Minor Shelf Rockfish | N. of 40°10′ N. lat. | 2,303 | 2,049 | 2,049 | 1,965 |
| Minor Slope Rockfish | N. of 40°10′ N. lat. | 1,897 | 1,755 | 1,755 | 1,690 |
| Minor Nearshore Rockfish | S. of 40°10′ N. lat. | 1,329 | 1,166 | 1,163 | 1,159 |
| Minor Shelf Rockfish | S. of 40°10′ N. lat. | 1,917 | 1,624 | 1,623 | 1,576 |
| Minor Slope Rockfish | S. of 40°10′ N. lat. | 827 | 718 | 707 | 687 |
| Other Flatfish | Coastwide | 11,165 | 8,510 | 8,510 | 8,306 |
| Other Fish | Coastwide | 537 | 474 | 474 | 474 |
| Species | Area | Fishery HG or ACT | Trawl | Percent | Mt | Non-trawl | Percent | Mt |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| BOCACCIO | S. of 40°10′ N. lat. | 774.6 | 39 | 302.4 | 61 | 472.2 | | |
| COWCOD | S. of 40°10′ N. lat. | 4.0 | 36 | 1.4 | 64 | 2.6 | | |
| DARK BLOTCHED ROCKFISH | Coastwide | 563.8 | 95 | 535.6 | 5 | 28.2 | | |
| PACIFIC OCEAN PERCH | N. of 40°10′N. lat. | 231.6 | 95 | 220.0 | 5 | 11.6 | | |
| YELLOWEYE ROCKFISH | Coastwide | 14.6 | NA | 1.1 | NA | 13.1 | | |
| Arrowtooth flounder | Coastwide | 11,705.9 | 95 | 11,120.6 | 5 | 585.3 | | |
| Big skate | Coastwide | 436.6 | 95 | 414.8 | 5 | 21.8 | | |
| Canary rockfish | Coastwide | 1,466.6 | NA | 1,060.1 | NA | 406.5 | | |
| Chilipepper | S. of 40°10′ N. lat. | 2,561.1 | 75 | 1,920.08 | 25 | 640.3 | | |
| Dover sole | Coastwide | 48,406.3 | 95 | 45,986.0 | 5 | 2,420.3 | | |
| English sole | Coastwide | 9,751.2 | 95 | 9,263.6 | 5 | 487.6 | | |
| Lingcod | N. of 40°10′ N. lat. | 3,054.8 | 45 | 1,374.7 | 55 | 1,680.2 | | |
| Lingcod | S. of 40°10′ N. lat. | 1,242.0 | 45 | 558.9 | 55 | 683.1 | | |
| Longnose skate | Coastwide | 1,853.0 | 90 | 1,667.7 | 10 | 185.3 | | |
| Longspine thornyhead | N. of 34°27′ N. lat. | 2,847.2 | 95 | 2,704.8 | 5 | 142.4 | | |
| Pacific cod | Coastwide | 1,091.0 | 95 | 1,036.4 | 5 | 54.5 | | |
| Pacific whiting | Coastwide | 362,682.0 | 100 | 362,682.0 | 0 | 0.0 | | |
| Petrale sole | Coastwide | 2,895.1 | 95 | 2,750.3 | 5 | 144.8 | | |
| Sablefish | N. of 36°N. lat. | N/A | See Table 1c | | | | | |
| Sablefish | S. of 36° N. lat. | 1,859.0 | 42 | 780.8 | 58 | 1,078.2 | | |
| Shortspine thornyhead | N. of 34°27′ N. lat. | 1,654.0 | 95 | 1,571.3 | 5 | 82.7 | | |
| Shortspine thornyhead | S. of 34°27′ N. lat. | 863.7 | NA | 50.0 | NA | 813.7 | | |
| Splitnose rockfish | S. of 40°10′ N. lat. | 1,749.3 | 95 | 1,661.8 | 5 | 87.5 | | |
| Stary flounder | Coastwide | 1,271.7 | 50 | 635.9 | 50 | 635.9 | | |
| Widow rockfish | Coastwide | 13,290.3 | 91 | 12,094.2 | 9 | 1,196.1 | | |
| Yellowtail rockfish | N. of 40°10′ N. lat. | 5,166.1 | 88 | 4,546.1 | 12 | 619.9 | | |
| Minor Shelf Rockfish | N. of 40°10′ N. lat. | 1,965.2 | 60 | 1,183.1 | 40 | 782.1 | | |
| Minor Slope Rockfish | N. of 40°10′ N. lat. | 1,689.9 | 81 | 1,368.8 | 19 | 321.1 | | |
| Minor Shelf Rockfish | S. of 40°10′ N. lat. | 1,575.8 | 12 | 192.2 | 88 | 1,383.6 | | |
| Minor Slope Rockfish | S. of 40°10′ N. lat. | 686.8 | 63 | 432.7 | 37 | 254.1 | | |
| Other Flatfish | Coastwide | 8,306.0 | 90 | 7,475.4 | 10 | 830.6 | | |
**50 CFR Part 660**
4. In § 660.140, revise paragraph (d)(1)(ii)(D) to read as follows:
§ 660.140
(d) * * *
(1) * * *
(ii) * * *
(D) For the trawl fishery, NMFS will issue QP based on the following shorebased trawl allocations:
| IFQ species | Area | 2017 Shorebased | 2018 Shorebased |
| --- | --- | --- | --- |
| Arrowtooth flounder | Coastwide | 11,050.6 | 10,992.6 |
| BOCACCIO | South of 40°10′ N. lat. | 302.4 | 283.3 |
| Canary rockfish | Coastwide | 1,014.1 | 1,014.1 |
| Chilipepper | South of 40°10′ N. lat. | 1,920.8 | 1,845.8 |
| COWCOD | South of 40°10′ N. lat. | 1.40 | 1.40 |
| DARKBLOTCHED ROCKFISH | Coastwide | 507.6 | 518.4 |
| Dover sole | Coastwide | 45,981.0 | 45,981.0 |
| English sole | Coastwide | 9,258.6 | 6,953.0 |
| Lingcod | North of 40°10′ N. lat. | 1,359.7 | 1,259.32 |
| Lingcod | South of 40°10′ N. lat. | 558.9 | 510.75 |
| Longspine thornyhead | North of 34°27′ N. lat. | 2,699.8 | 2,560.2 |
| Minor Shelf Rockfish complex | North of 40°10′ N. lat. | 1,148.1 | 1,146.8 |
| Minor Shelf Rockfish complex | South of 40°10′ N. lat. | 192.2 | 192.4 |
| Minor Slope Rockfish complex | North of 40°10′ N. lat. | 1,268.8 | 1,268.0 |
| Minor Slope Rockfish complex | South of 40°10′ N. lat. | 432.7 | 433.9 |
| Other Flatfish complex | Coastwide | 7,455.4 | 6,349.3 |
| Pacific cod | Coastwide | 1,031.4 | 1,031.4 |
| PACIFIC OCEAN PERCH | North of 40°10′ N. lat. | 198.3 | 198.3 |
| Pacific whiting | Coastwide | 152,326.5 | |
| Petrale sole | Coastwide | 2,745.3 | 2,628.5 |
| Sablefish | North of 36° N;. lat. | 2,416.4 | 2,521.9 |
| Sablefish | South of 36° N. lat. | 780.8 | 814.4 |
| Shortspine thornyhead | North of 34°27′ N. lat. | 1551.3 | 1,537.0 |
| Shortspine thornyhead | South of 34°27′ N. lat | 50.0 | 50.0 |
| Splitnose rockfish | South of 40°10′ N. lat. | 1661.8 | 1,662.8 |
| Starry flounder | Coastwide | 630.9 | 630.9 |
| Widow rockfish | Coastwide | 11,392.7 | 10,661.5 |
| YELLOWEYE ROCKFISH | Coastwide | 1.10 | 1.10 |
| Yellowtail rockfish | North of 40°10′ N. lat. | 4,246.1 | 4,075.4 |