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Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Annual Specifications and Management Measures for the 2018 Tribal and Non-Tribal Fisheries for Pacific Whiting

---
identifier: "/us/fr/2018-10230"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Annual Specifications and Management Measures for the 2018 Tribal and Non-Tribal Fisheries for Pacific Whiting"
title_number: 0
title_name: "Federal Register"
section_number: "2018-10230"
section_name: "Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Annual Specifications and Management Measures for the 2018 Tribal and Non-Tribal Fisheries for Pacific Whiting"
positive_law: false
currency: "2018-05-15"
last_updated: "2018-05-15"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Commerce Department"
document_number: "2018-10230"
document_type: "rule"
publication_date: "2018-05-15"
agencies:
  - "Commerce Department"
  - "National Oceanic and Atmospheric Administration"
cfr_references:
  - "50 CFR Part 660"
rin: "0648-BH31"
fr_citation: "83 FR 22401"
fr_volume: 83
docket_ids:
  - "Docket No. 171023999-8440-02"
effective_date: "2018-05-15"
fr_action: "Final rule."
---

#  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 2018 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 2018 U.S. Total Allowable Catch of 441,433 metric tons (mt) of Pacific whiting, establishes a tribal allocation of 77,251 mt, establishes a set-aside for research and bycatch of 1,500 mt, and announces the allocations of Pacific whiting to the non-tribal fishery for 2018. The catch limits in this rule are intended to ensure the long-term sustainability of the Pacific whiting stock.

**DATES:**

Effective May 15, 2018.

**FOR FURTHER INFORMATION CONTACT:**

Frank Lockhart (West Coast Region, NMFS), phone: 206-526-6142, and email: *[email protected].*

**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 West Coast Region website at *http://www.westcoast.fisheries.noaa.gov/fisheries/management/whiting/pacific_whiting.html* and at the Pacific Fishery Management Council's website at *http://www.pcouncil.org/.*

The final environmental impact statement 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 website 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.

**SUPPLEMENTARY INFORMATION:**

**Background**

This final rule announces the total allowable catch (TAC) for Pacific whiting, which was determined under the terms of the Agreement with Canada on Pacific Hake/Whiting (Agreement) and the Pacific Whiting Act of 2006 (Whiting Act). The Agreement and the Whiting Act establish bilateral bodies to implement the terms of the Agreement. The bilateral bodies include: The Joint Management Committee (JMC), which recommends the annual catch level for Pacific whiting; the Joint Technical Committee (JTC), which conducts the Pacific whiting 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 establishes a default harvest policy of F-40 percent, which means a fishing mortality rate that would reduce the biomass to 40 percent of the estimated unfished level (F-40). The Agreement also allocates 73.88 percent of the TAC to the United States and 26.12 percent of the TAC to Canada. The JMC is primarily responsible for developing a TAC recommendation to the United States and Canada. The Secretary of Commerce, in consultation with the Secretary of State, has the authority to accept or reject this recommendation.

**2018 Pacific Whiting Stock Assessment**

The JTC completed a stock assessment for Pacific whiting in March 2018. The assessment is available at *http://www.westcoast.fisheries.noaa.gov/fisheries/management/whiting/pacific_whiting_treaty.html.* The assessment presents a model that depends primarily upon an acoustic survey biomass index and catches of the transboundary Pacific whiting stock to estimate the biomass of the current stock. The most recent survey, conducted collaboratively between the Canadian Department of Fisheries and Oceans and NMFS, was completed in 2017.

Pacific whiting spawning stock biomass has been relatively stable since 2013. The 2018 spawning biomass estimated to be 1.357 million mt. Relative female spawning biomass for 2018 is estimated at 66.7 percent of the unfished levels. The stock is currently estimated to be at its highest level since the 1980s, as a result of an exceptionally strong 2010 cohort and above average 2014 cohort. 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.

The JTC provided tables showing catch alternatives for 2018. Using the default F-40 percent harvest rate identified in the Agreement (Paragraph 1 of Article III), the coastwide TAC for 2018 would be 725,984 mt. Projections setting the 2018 and 2019 catch equal to the 2017 TAC of 597,500 mt show the estimated median relative spawning biomass decreasing from 67 percent in 2018 to 59 percent in 2019 and to 50 percent in 2020, with a 36 percent chance of the spawning biomass falling below 40 percent of estimated historic biomass levels in 2020. There is an estimated 73 percent chance of the spawning biomass declining from 2018 to 2019, and an 82 percent chance of it declining from 2019 to 2020 under this constant catch level. However, the 2018 estimate of median stock biomass is well above the overfished threshold, and fishing intensity is 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, a bilateral body created under the Agreement, met in Lynnwood, Washington on February 26-March 1, 2018, to review the draft stock assessment document. The SRG determined that the 2018 Pacific whiting assessment report and appendices present the best available scientific information for the management of Pacific whiting. During the meeting, however, the SRG raised a concern that the model results and corresponding estimates of spawning stock biomass are strongly affected by the choice of weights-at-age used in estimating fecundity. To consider the variability in stock status estimates, the SRG requested that the JTC analyze two approaches using different weights-at-age (Appendix A in the stock assessment report). The first approach is consistent with previous assessments, and includes time-invariant fecundity-at-age based on the average vector of weights-at-age over all years. The second approach is derived from an alternative model using time-varying fecundity-at-age calculated with annual estimates of mean weights-at-age. The range of uncertainty of each model includes the median estimate of current spawning biomass estimated by the other model. However, the alternative model estimates that 2018 spawning stock biomass is lower and much closer to the reference point (B40) than the base-case model. The SRG's analysis suggested that this may be because weights-at-age are important to calculating unfished spawning biomass (B0), and the alternative model estimates a higher B0 as a consequence of using higher mean weights-at-age in the early years of the time series (1975-1979). The probability that 2018 spawning biomass is below the B40 reference point is estimated as 7 percent by the base-case model and 48 percent by the alternative model. Despite substantial discussion, the SRG was unable to offer advice on which model is more plausible, and requested additional work in the coming year from the JTC to address the issue.

The AP and JMC met on March 5-6, 2018, in Lynnwood, Washington, to develop advice on a 2018 coastwide TAC. The AP provided its 2018 TAC recommendation to the JMC on March 6, 2018. The JMC reviewed the advice of the JTC, the SRG, and the AP, 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 2018 stock assessment and other relevant scientific information, the JMC did not use the default harvest rate, and instead agreed on a more conservative approach, using the same catch limits as 2017. There were three primary reasons for choosing a TAC below the default level of F-40 percent. First, the growth of the 2010 year class is slowing, which the recent historic-high catch has in part depended on, and JMC members wanted to extend the harvest available from this year class. Second, the 2018 stock assessment estimated a lower abundance than last year's assessment for the 2014 year class, which comprised more of the 2016 fall catch than the large 2010 cohort, so the JMC did not want to increase mortality on this year class, which is anticipated to be important to the fishery over the next several years. Finally, the overall abundance of Pacific hake/whiting is projected to begin declining from its recent historic high levels, and the JMC did not want to accelerate this decline by increasing the TAC. 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 recommendation for an unadjusted 2018 U.S. TAC of 382,532 mt, plus 58,901 mt carryover of uncaught quota from 2017 results in an adjusted U.S. TAC of 441,433 mt for 2018 (73.88 percent of the coastwide TAC). This recommendation is consistent with the best available scientific information, provisions of the Agreement, and the Whiting Act. The recommendation was transmitted via letter to the United States and Canadian Governments on March 6, 2018. 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 23, 2018.

**Tribal Fishery Allocation**

This final rule establishes the tribal allocation of Pacific whiting for 2018. NMFS issued a proposed rule regarding this allocation on January 24, 2018 (83 FR 3291). 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. Regulations for the Pacific Coast Groundfish Fishery Management Plan 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.

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 2018 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 96,563 mt. Applying the approach described in the proposed rule, NMFS is establishing the 2018 tribal allocation of 77,251 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 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 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 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 states of Washington and Oregon.

**Harvest Guidelines and Allocations**

In addition to the tribal allocation described in the proposed rule, this final rule establishes the fishery harvest guideline (HG), called the non-tribal allocation, which had not yet been determined at the time the proposed rule was published. Although this was not part of the proposed rule, the environmental assessment for the 2017-2018 harvest specifications rule (see ELECTRONIC ACCESS) analyzed a range of TAC alternatives for 2018, and the final 2018 TAC falls within this analyzed range. In addition, via the 2017-2018 specifications rulemaking process, the public had an opportunity to comment on the 2017-2018 TACs for whiting, just as they did for all species in the groundfish FMP. NMFS follows this process because, unlike for all other groundfish species, the TAC for whiting is decided in a highly abbreviated annual process from February through April of every year, and the normal rulemaking process would not allow for the fishery to open with the new TAC on the annual season opening date of May 15.

The HG is allocated among the three non-tribal sectors of the Pacific whiting fishery. The 2018 fishery HG for Pacific whiting is 362,682 mt. This amount was determined by deducting the 77,251 mt tribal allocation and the 1,500 mt allocation for scientific research catch and fishing mortality in non-groundfish fisheries from the total U.S. TAC of 441,433 mt.

NMFS did not include the HG in the tribal whiting proposed rule published on January 24, 2018 (83 FR 3291), for two reasons related to timing and process. First, a recommendation on the coastwide TAC for Pacific whiting for 2018, under the terms of the Agreement with Canada, was not available during development of the proposed rule. NMFS, under delegation of authority from the Secretary of Commerce, approved a U.S. TAC on April 23, 2018. 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. The Council recommends to NMFS the research and bycatch set-aside on an annual basis, based on estimates of scientific research catch and estimated bycatch mortality in non-groundfish fisheries.

The regulations further allocate the fishery HG among the non-tribal catcher/processor (C/P) Coop Program, Mothership (MS) Coop Program, and Shorebased Individual Fishing Quota (IFQ) Program sectors of the Pacific whiting fishery. The C/P Coop Program is allocated 34 percent (123,312 mt for 2018), the MS Coop Program is allocated 24 percent (87,044 mt for 2018), and the Shorebased IFQ Program is allocated 42 percent (152,326.5 mt for 2018). 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.

| Sector | 2018 Pacific |
| --- | --- |
| Tribal | 77,251 |
| Catcher/Processor (C/P) Coop Program | 123,312 |
| Mothership (MS) Coop Program | 87,044 |
| Shorebased IFQ Program | 152,326.5 |

In 2018, NMFS published a final rule changing the management of darkblotched rockfish and Pacific ocean perch from a total catch limit allocation to a set-aside (January 8, 2018; 83 FR 757). These set asides as well as the allocations of canary and widow rockfish to the Pacific whiting fishery are described in the footnotes to Table 2.b to part 660, subpart C and are not changed in this rulemaking.

**Comments and Responses**

On January 24, 2018, NMFS issued a proposed rule for the allocation and management of the 2018 tribal Pacific whiting fishery (83 FR 3291). The comment period on the proposed rule closed on February 23, 2018. No relevant comments were received, and no changes were made from the proposed allocation and management measures for the 2018 tribal Pacific whiting fishery.

**Classification**

The Annual Specifications and Management Measures for the 2018 Tribal and non-Tribal Fisheries for Pacific Whiting are issued under the authority of the Magnuson-Stevens Act, and the Whiting Act of 2006. The measures are in accordance with 50 CFR part 660, subparts C through G, the regulations implementing the Pacific Coast Groundfish FMP, and 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) and (d)(3), 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 proposed rule (83 FR 3291), *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, 2018, or the primary Pacific whiting fishery will effectively remain closed.

Every year, NMFS conducts a Pacific whiting stock assessment with participation from U.S. and Canadian scientists. The 2018 stock assessment for Pacific whiting was prepared in early 2018, and included updated total catch, length and age data from the U.S. and Canadian fisheries from 2017, and biomass indices from the 2017 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, a determination on  TAC could not be completed before April 23, 2018. Thus, it is not 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 2018 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* .

The Office of Management and Budget has determined that this final rule is not significant for purposes of Executive Order 12866. This rule is not an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866.

**Final Regulatory Flexibility Analysis**

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.

**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**

NMFS published a proposed rule on January 24, 2018 (83 FR 13291), for the allocation of the 2018 tribal Pacific whiting fishery. The comment period on the proposed rule closed on February 23, 2018, and no comments were received from either the public or the Small Business Administration on the initial regulatory flexibility analysis (IRFA) or the economic impacts of this action generally.

**Description and Estimate of Number of Small Entities To Which the Rule Would Apply**

The FRFA describes the impacts on small entities, which are defined in the IRFA for this action and not repeated here.

The current Shorebased IFQ Program is composed of 180 Quota Share permits/accounts, 154 vessel accounts, and 47 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. This 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 coops 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 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 there are 103 non-tribal entities directly affected by these final regulations, 89 of which are considered “small” businesses.

**Description of the Steps the Agency Has Taken To Minimize the Significant Economic Impact on Small Entities Consistent With the Stated Objectives of Applicable Statutes**

Sector allocations in 2018 are the same as those in 2017. NMFS concludes that this rule will have similar outcomes as 2017 for both large and small entities, and will not disproportionately affect small entities. The U.S. portion of the TAC is divided between tribal, at-sea mothership, at-sea catcher processors, and shoreside whiting sectors at fixed percentages described above. Within the non-tribal sectors, a catch share program allocates whiting to the individual vessel level based on history in the shoreside and mothership sectors. The catcher-processor coop harvests according to a coop agreement with agreed upon allocations to each company, which have not changed in the past eight years. With allocation determined down to the individual level in each sector, the TAC should benefit both large and small entities equal to the proportion of the individual level, and small entities would not feel disproportionate effects relative to large entities. With the high 2018 TAC, small entities are expected to benefit, and experience no adverse effects from this rule.

NMFS considered two alternatives for this action: The “No-Action” and the “Proposed Action.” 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 2018, 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 2018, this alternative received no further consideration.

**Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements**

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.

**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. As part of this rulemaking process, a small entity compliance guide will be sent to stakeholders, and copies of this final rule and guides ( *i.e.,* information bulletins) are available from NMFS at the following website: *http://www.westcoast.fisheries.noaa.gov/fisheries/management/whiting/pacific_whiting.html.*

**Consultation and Coordination With Indian Tribal Governments**

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 9, 2018.

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 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 2018 is 77,251 mt.

**50 CFR Part 660**

3. Table 2a to part 660, subpart C, is revised to read as follows:

| Species | Area | OFL | ABC | ACL | Fishery HG |
| --- | --- | --- | --- | --- | --- |
| BOCACCIO | S of 40°10′ N lat. | 2,013 | 1,924 | 741 | 726 |
| COWCOD | S of 40°10′ N lat. | 71 | 64 | 10 | 8 |
| DARKBLOTCHED ROCKFISH | Coastwide | 683 | 653 | 653 | 576 |
| PACIFIC OCEAN PERCH | N of 40°10′ N lat. | 984 | 941 | 281 | 232 |
| YELLOWEYE ROCKFISH | Coastwide | 58 | 48 | 20 | 14 |
| Arrowtooth flounder | Coastwide | 16,498 | 13,743 | 13,743 | 11,645 |
| Big skate | Coastwide | 541 | 494 | 494 | 437 |
| Black rockfish | California (South of 42° N lat.) | 347 | 332 | 332 | 331 |
| Black rockfish | Oregon (Between 46°16′ N lat. and 42° N lat.) | 570 | 520 | 520 | 519 |
| Black rockfish | Washington (N of 46°16′ N lat.) | 315 | 301 | 301 | 283 |
| Blackgill rockfish | S of 40°10′ N lat. | NA | NA | NA | NA |
| Cabezon | California (South of 42° N lat.) | 156 | 149 | 149 | 149 |
| Cabezon | Oregon (Between 46°16′ N lat. and 42° N lat.) | 49 | 47 | 47 | 47 |
| California scorpionfish | S of 34°27′ N lat. | 278 | 254 | 150 | 148 |
| Canary rockfish | Coastwide | 1,596 | 1,526 | 1,526 | 1,467 |
| Chilipepper | S of 40°10′ N lat. | 2,623 | 2,507 | 2,507 | 2,461 |
| Dover sole | Coastwide | 90,282 | 86,310 | 50,000 | 48,406 |
| English sole | Coastwide | 8,255 | 7,537 | 7,537 | 7,324 |
| Lingcod | N of 40°10′ N lat. | 3,310 | 3,110 | 3,110 | 2,832 |
| Lingcod | S of 40°10′ N lat. | 1,373 | 1,144 | 1,144 | 1,135 |
| Longnose skate | Coastwide | 2,526 | 2,415 | 2,000 | 1,853 |
| Longspine thornyhead | Coastwide | 4,339 | 3,614 | NA | NA |
| Longspine thornyhead | N of 34°27′ N lat. | NA | NA | 2,747 | 2,700 |
| Longspine thornyhead | S of 34°27′ N lat. | NA | NA | 867 | 864 |
| Pacific cod | Coastwide | 3,200 | 2,221 | 1,600 | 1,091 |
| Pacific whiting | Coastwide | 725,984 |  |  | 362,682 |
| Petrale sole | Coastwide | 3,152 | 3,013 | 3,013 | 2,772 |
| Sablefish | Coastwide | 8,329 | 7,604 | NA | NA |
| Sablefish | N of 36° N lat. | NA | NA | 5,475 | See Table 2c |
| Sablefish | S of 36° N lat. | NA | NA | 1,944 | 1,939 |
| Shortbelly rockfish | Coastwide | 6,950 | 5,789 | 500 | 489 |
| Shortspine thornyhead | Coastwide | 3,116 | 2,596 | NA | NA |
| Shortspine thornyhead | N of 34°27′ N lat. | NA | NA | 1,698 | 1,639 |
| Shortspine thornyhead | S of 34°27′ N lat. | NA | NA | 898 | 856 |
| Spiny dogfish | Coastwide | 2,500 | 2,083 | 2,083 | 1,745 |
| Splitnose rockfish | S of 40°10′ N lat. | 1,842 | 1,761 | 1,761 | 1,750 |
| Starry flounder | Coastwide | 1,847 | 1,282 | 1,282 | 1,272 |
| Widow rockfish | Coastwide | 13,237 | 12,655 | 12,655 | 12,437 |
| Yellowtail rockfish | N of 40°10′ N lat. | 6,574 | 6,002 | 6,002 | 4,972 |
| Minor Nearshore Rockfish | N of 40°10′ N lat. | 119 | 105 | 105 | 103 |
| Minor Shelf Rockfish | N of 40°10′ N lat. | 2,302 | 2,048 | 2,047 | 1,963 |
| Minor Slope Rockfish | N of 40°10′ N lat. | 1,896 | 1,754 | 1,754 | 1,689 |
| Minor Nearshore Rockfish | S of 40°10′ N lat. | 1,344 | 1,180 | 1,179 | 1,175 |
| Minor Shelf Rockfish | S of 40°10′ N lat. | 1,918 | 1,625 | 1,624 | 1,577 |
| Minor Slope Rockfish | S of 40°10′ N lat. | 829 | 719 | 709 | 689 |
| Other Flatfish | Coastwide | 9,690 | 7,281 | 7,281 | 7,077 |
| Other Fish | Coastwide | 501 | 441 | 441 | 441 |

**50 CFR Part 660**

4. Table 2b to part 660, subpart C, is revised to read as follows:

| Species | Area | Fishery HG or ACT | Trawl | Percent | Mt | Non-trawl | Percent | Mt |
| --- | --- | --- | --- | --- | --- | --- | --- | --- |
| BOCACCIO | S of 40°10′ N lat | 725.6 | 39 | 283.3 | 61 | 442.3 |  |  |
| COWCOD | S of 40°10′ N lat | 4.0 | 36 | 1.4 | 64 | 2.6 |  |  |
| DARKBLOTCHED ROCKFISH | Coastwide | 575.8 | 95 | 547.0 | 5 | 28.8 |  |  |
| PACIFIC OCEAN PERCH | N of 40°10′ N lat | 231.6 | 95 | 220.0 | 5 | 11.6 |  |  |
| YELLOWEYE ROCKFISH | Coastwide | 14.0 | NA | 1.1 | NA | 12.9 |  |  |
| Arrowtooth flounder | Coastwide | 11,644.9 | 95 | 11,062.6 | 5 | 582.2 |  |  |
| 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 | 2,461.1 | 75 | 1,845.8 | 25 | 615.3 |  |  |
| Dover sole | Coastwide | 48,406.3 | 95 | 45,986.0 | 5 | 2,420.3 |  |  |
| English sole | Coastwide | 7,324.2 | 95 | 6,958.0 | 5 | 366.2 |  |  |
| Lingcod | N of 40°10′ N lat | 2,831.8 | 45 | 1,274.3 | 55 | 1,557.5 |  |  |
| Lingcod | S of 40°10′ N lat | 1,135.0 | 45 | 510.8 | 55 | 624.3 |  |  |
| Longnose skate | Coastwide | 1,853.0 | 90 | 1,667.7 | 10 | 185.3 |  |  |
| Longspine thornyhead | N of 34°27′ N lat | 2,700.2 | 95 | 2,565.2 | 5 | 135.0 |  |  |
| 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 | 2,772.1 | 95 | 2,633.5 | 5 | 138.6 |  |  |
| Sablefish | N of 36° N lat | N/A | See Table 2c |  |  |  |  |  |
| Sablefish | S of 36° N lat | 1,939.0 | 42 | 814.4 | 58 | 1,124.6 |  |  |
| Shortspine thornyhead | N of 34°27′ N lat | 1,639.0 | 95 | 1,557.0 | 5 | 81.9 |  |  |
| Shortspine thornyhead | S of 34°27′ N lat | 855.7 | NA | 50.0 | NA | 805.7 |  |  |
| Splitnose rockfish | S of 40°10′ N lat | 1,750.3 | 95 | 1,662.8 | 5 | 87.5 |  |  |
| Starry flounder | Coastwide | 1,271.7 | 50 | 635.9 | 50 | 635.9 |  |  |
| Widow rockfish | Coastwide | 12,437.3 | 91 | 11,317.9 | 9 | 1,119.4 |  |  |
| Yellowtail rockfish | N of 40°10′ N lat | 4,972.1 | 88 | 4,375.4 | 12 | 596.6 |  |  |
| Minor Shelf Rockfish | N of 40°10′ N lat | 1,963.2 | 60 | 1,181.8 | 40 | 781.4 |  |  |
| Minor Slope Rockfish | N of 40°10′ N lat | 1,688.9 | 81 | 1,368.0 | 19 | 320.9 |  |  |
| Minor Shelf Rockfish | S of 40°10′ N lat | 1,576.8 | 12 | 192.37 | 88 | 1,384.4 |  |  |
| Minor Slope Rockfish | S of 40°10′ N lat | 688.8 | 63 | 433.9 | 37 | 254.9 |  |  |
| Other Flatfish | Coastwide | 7,077.0 | 90 | 6,369.3 | 10 | 707.7 |  |  |

**50 CFR Part 660**

5. 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 | 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 |