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, 22401-22411 [2018-10230]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Rules and Regulations]
[Pages 22401-22411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10230]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 171023999-8440-02]
RIN 0648-BH31


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

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

ACTION: Final rule.

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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 https://www.westcoast.fisheries.noaa.gov/fisheries/management/whiting/pacific_whiting.html and at the Pacific Fishery 
Management Council's website at https://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.

[[Page 22402]]

2018 Pacific Whiting Stock Assessment

    The JTC completed a stock assessment for Pacific whiting in March 
2018. The assessment is available at https://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

[[Page 22403]]

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[deg] 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[deg] N lat.

                Table 1--2018 Pacific Whiting Allocations
------------------------------------------------------------------------
                                                            2018 Pacific
                                                               whiting
                          Sector                             allocation
                                                                (mt)
------------------------------------------------------------------------
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

[[Page 22404]]

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.

[[Page 22405]]

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: https://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

0
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.


0
2. In Sec.  660.50, revise paragraph (f)(4) to read as follows:


Sec.  660.50   Pacific Coast treaty Indian fisheries.

* * * * *
    (f) * * *
    (4) Pacific whiting. The tribal allocation for 2018 is 77,251 mt.
* * * * *

0
3. Table 2a to part 660, subpart C, is revised to read as follows:

                 Table 2a to Part 660, Subpart C--2018, and Beyond, Specifications of OFL, ABC, ACL, ACT and Fishery Harvest Guidelines
                                                                [Weights in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                    Species                                        Area                         OFL             ABC           ACL \a\     Fishery HG \b\
--------------------------------------------------------------------------------------------------------------------------------------------------------
BOCACCIO \c\...................................  S of 40[deg]10' N lat..................           2,013           1,924             741             726
COWCOD \d\.....................................  S of 40[deg]10' N lat..................              71              64              10               8
DARKBLOTCHED ROCKFISH \e\......................  Coastwide..............................             683             653             653             576
PACIFIC OCEAN PERCH \f\........................  N of 40[deg]10' N lat..................             984             941             281             232
YELLOWEYE ROCKFISH \g\.........................  Coastwide..............................              58              48              20              14
Arrowtooth flounder \h\........................  Coastwide..............................          16,498          13,743          13,743          11,645
Big skate \i\..................................  Coastwide..............................             541             494             494             437
Black rockfish \j\.............................  California (South of 42[deg] N lat.)...             347             332             332             331
Black rockfish \k\.............................  Oregon (Between 46[deg]16' N lat. and               570             520             520             519
                                                  42[deg] N lat.).
Black rockfish \l\.............................  Washington (N of 46[deg]16' N lat.)....             315             301             301             283
Blackgill rockfish \m\.........................  S of 40[deg]10' N lat..................              NA              NA              NA              NA
Cabezon \n\....................................  California (South of 42[deg] N lat.)...             156             149             149             149
Cabezon \o\....................................  Oregon (Between 46[deg]16' N lat. and                49              47              47              47
                                                  42[deg] N lat.).
California scorpionfish \p\....................  S of 34[deg]27' N lat..................             278             254             150             148
Canary rockfish \q\............................  Coastwide..............................           1,596           1,526           1,526           1,467
Chilipepper \r\................................  S of 40[deg]10' N lat..................           2,623           2,507           2,507           2,461
Dover sole \s\.................................  Coastwide..............................          90,282          86,310          50,000          48,406
English sole \t\...............................  Coastwide..............................           8,255           7,537           7,537           7,324
Lingcod \u\....................................  N of 40[deg]10' N lat..................           3,310           3,110           3,110           2,832
Lingcod \v\....................................  S of 40[deg]10' N lat..................           1,373           1,144           1,144           1,135
Longnose skate \w\.............................  Coastwide..............................           2,526           2,415           2,000           1,853
Longspine thornyhead \x\.......................  Coastwide..............................           4,339           3,614              NA              NA
Longspine thornyhead...........................  N of 34[deg]27' N lat..................              NA              NA           2,747           2,700
Longspine thornyhead...........................  S of 34[deg]27' N lat..................              NA              NA             867             864
Pacific cod \y\................................  Coastwide..............................           3,200           2,221           1,600           1,091
Pacific whiting \z\............................  Coastwide..............................         725,984             \z\             \z\         362,682
Petrale sole \aa\..............................  Coastwide..............................           3,152           3,013           3,013           2,772
Sablefish......................................  Coastwide..............................           8,329           7,604              NA              NA
Sablefish \bb\.................................  N of 36[deg] N lat.....................              NA              NA           5,475    See Table 2c

[[Page 22406]]

 
Sablefish \cc\.................................  S of 36[deg] N lat.....................              NA              NA           1,944           1,939
Shortbelly rockfish \dd\.......................  Coastwide..............................           6,950           5,789             500             489
Shortspine thornyhead \ee\.....................  Coastwide..............................           3,116           2,596              NA              NA
Shortspine thornyhead..........................  N of 34[deg]27' N lat..................              NA              NA           1,698           1,639
Shortspine thornyhead..........................  S of 34[deg]27' N lat..................              NA              NA             898             856
Spiny dogfish \ff\.............................  Coastwide..............................           2,500           2,083           2,083           1,745
Splitnose rockfish \gg\........................  S of 40[deg]10' N lat..................           1,842           1,761           1,761           1,750
Starry flounder \hh\...........................  Coastwide..............................           1,847           1,282           1,282           1,272
Widow rockfish \ii\............................  Coastwide..............................          13,237          12,655          12,655          12,437
Yellowtail rockfish \jj\.......................  N of 40[deg]10' N lat..................           6,574           6,002           6,002           4,972
Minor Nearshore Rockfish \kk\..................  N of 40[deg]10' N lat..................             119             105             105             103
Minor Shelf Rockfish \ll\......................  N of 40[deg]10' N lat..................           2,302           2,048           2,047           1,963
Minor Slope Rockfish \mm\......................  N of 40[deg]10' N lat..................           1,896           1,754           1,754           1,689
Minor Nearshore Rockfish \nn\..................  S of 40[deg]10' N lat..................           1,344           1,180           1,179           1,175
Minor Shelf Rockfish \oo\......................  S of 40[deg]10' N lat..................           1,918           1,625           1,624           1,577
Minor Slope Rockfish \pp\......................  S of 40[deg]10' N lat..................             829             719             709             689
Other Flatfish \qq\............................  Coastwide..............................           9,690           7,281           7,281           7,077
Other Fish \rr\................................  Coastwide..............................             501             441             441             441
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Annual catch limits (ACLs), annual catch targets (ACTs) and harvest guidelines (HGs) are specified as total catch values.
\b\ Fishery harvest guidelines means the harvest guideline or quota after subtracting Pacific Coast treaty Indian tribes allocations and projected
  catch, projected research catch, deductions for fishing mortality in non-groundfish fisheries, and deductions for EFPs from the ACL or ACT.
\c\ Bocaccio. A stock assessment was conducted in 2015 for the bocaccio stock between the U.S.-Mexico border and Cape Blanco. The stock is managed with
  stock-specific harvest specifications south of 40deg;10' N lat. and within the Minor Shelf Rockfish complex north of 40deg;10' N lat. A historical
  catch distribution of approximately 7.4 percent was used to apportion the assessed stock to the area north of 40deg;10' N lat. The bocaccio stock was
  estimated to be at 36.8 percent of its unfished biomass in 2015. The OFL of 2,013 mt is projected in the 2015 stock assessment using an FMSY proxy of
  F50. The ABC of 1,924 mt is a 4.4 percent reduction from the OFL ([sigma] = 0.36/P* = 0.45) because it is a category 1 stock. The 741 mt ACL
  is based on the current rebuilding plan with a target year to rebuild of 2022 and an SPR harvest rate of 77.7 percent. 15.4 mt is deducted from the
  ACL to accommodate the incidental open access fishery (0.8 mt), EFP catch (10 mt) and research catch (4.6 mt), resulting in a fishery HG of 725.6 mt.
  The California recreational fishery has an HG of 305.5 mt.
\d\ Cowcod. A stock assessment for the Conception Area was conducted in 2013 and the stock was estimated to be at 33.9 percent of its unfished biomass
  in 2013. The Conception Area OFL of 59 mt is projected in the 2013 rebuilding analysis using an FMSY proxy of F50. The OFL contribution of 12
  mt for the unassessed portion of the stock in the Monterey area is based on depletion-based stock reduction analysis. The OFLs for the Monterey and
  Conception areas were summed to derive the south of 40deg;10' N lat. OFL of 71 mt. The ABC for the area south of 40deg;10' N lat. is 64 mt. The
  assessed portion of the stock in the Conception Area is considered category 2, with a Conception area contribution to the ABC of 54 mt, which is an
  8.7 percent reduction from the Conception area OFL ([sigma] = 0.72/P* = 0.45). The unassessed portion of the stock in the Monterey area is considered
  a category 3 stock, with a contribution to the ABC of 10 mt, which is a 16.6 percent reduction from the Monterey area OFL ([sigma] = 1.44/P* = 0.45).
  A single ACL of 10 mt is being set for both areas combined. The ACL of 10 mt is based on the rebuilding plan with a target year to rebuild of 2020 and
  an SPR harvest rate of 82.7 percent, which is equivalent to an exploitation rate (catch over age 11+ biomass) of 0.007. 2 mt is deducted from the ACL
  to accommodate the incidental open access fishery (less than 0.1 mt), EFP fishing (less than 0.1 mt) and research activity (2 mt), resulting in a
  fishery HG of 8 mt. Any additional mortality in research activities will be deducted from the ACL. A single ACT of 4 mt is being set for both areas
  combined.
\e\ Darkblotched rockfish. A 2015 stock assessment estimated the stock to be at 39 percent of its unfished biomass in 2015. The OFL of 683 mt is
  projected in the 2015 stock assessment using an FMSY proxy of F50. The ABC of 653 mt is a 4.4 percent reduction from the OFL ([sigma] = 0.36/
  P* = 0.45) because it is a category 1 stock. The ACL is set equal to the ABC, as the stock is projected to be above its target biomass of B40
  in 2017. 77.3 mt is deducted from the ACL to accommodate the Tribal fishery (0.2 mt), the incidental open access fishery (24.5 mt), EFP catch (0.1
  mt), research catch (2.5 mt) and an additional deduction for unforeseen catch events (50 mt), resulting in a fishery HG of 575.8 mt.
\f\ Pacific ocean perch. A stock assessment was conducted in 2011 and the stock was estimated to be at 19.1 percent of its unfished biomass in 2011. The
  OFL of 984 mt for the area north of 40deg;10' N lat. is based on an updated catch-only projection of the 2011 rebuilding analysis using an F50
  FMSY proxy. The ABC of 941 mt is a 4.4 percent reduction from the OFL ([sigma] = 0.36/P* = 0.45) as it is a category 1 stock. The ACL is based on the
  current rebuilding plan with a target year to rebuild of 2051 and a constant catch amount of 281 mt in 2017 and 2018, followed in 2019 and beyond by
  ACLs based on an SPR harvest rate of 86.4 percent. 49.4 mt is deducted from the ACL to accommodate the Tribal fishery (9.2 mt), the incidental open
  access fishery (10 mt), research catch (5.2 mt) and an additional deduction for unforeseen catch events (25 mt), resulting in a fishery HG of 231.6
  mt.
\g\ Yelloweye rockfish. A stock assessment update was conducted in 2011. The stock was estimated to be at 21.4 percent of its unfished biomass in 2011.
  The 58 mt coastwide OFL is based on a catch-only update of the 2011 stock assessment, assuming actual catches since 2011 and using an FMSY proxy of
  F50. The ABC of 48 mt is a 16.7 percent reduction from the OFL ([sigma] = 0.72/P* = 0.40) as it is a category 2 stock. The 20 mt ACL is based
  on the current rebuilding plan with a target year to rebuild of 2074 and an SPR harvest rate of 76.0 percent. 6 mt is deducted from the ACL to
  accommodate the Tribal fishery (2.3 mt), the incidental open access fishery (0.4 mt), EFP catch (less than 0.1 mt) and research catch (3.27 mt)
  resulting in a fishery HG of 14 mt. Recreational HGs are: 3.3 mt (Washington); 3 mt (Oregon); and 3.9 mt (California).
\h\ Arrowtooth flounder. The arrowtooth flounder stock was last assessed in 2007 and was estimated to be at 79 percent of its unfished biomass in 2007.
  The OFL of 16,498 mt is derived from a catch-only update of the 2007 assessment assuming actual catches since 2007 and using an F30 FMSY
  proxy. The ABC of 13,743 mt is a 16.7 percent reduction from the OFL ([sigma] = 0.72/P* = 0.40) as it is a category 2 stock. The ACL is set equal to
  the ABC because the stock is above its target biomass of B25. 2,098.1 mt is deducted from the ACL to accommodate the Tribal fishery (2,041
  mt), the incidental open access fishery (40.8 mt), and research catch (16.4 mt), resulting in a fishery HG of 11,644.9 mt.
\i\ Big skate. The OFL of 541 mt is based on an estimate of trawl survey biomass and natural mortality. The ABC of 494 mt is a 8.7 percent reduction
  from the OFL ([sigma] = 0.72/P* = 0.45) as it is a category 2 stock. The ACL is set equal to the ABC. 57.4 mt is deducted from the ACL to accommodate
  the Tribal fishery (15 mt), the incidental open access fishery (38.4 mt), and research catch (4 mt), resulting in a fishery HG of 436.6 mt.
\j\ Black rockfish (California). A 2015 stock assessment estimated the stock to be at 33 percent of its unfished biomass in 2015. The OFL of 347 mt is
  projected in the 2015 stock assessment using an FMSY proxy of F50. The ABC of 332 mt is a 4.4 percent reduction from the OFL ([sigma] = 0.36/
  P* = 0.45) because it is a category 1 stock. The ACL is set equal to the ABC because the stock is projected to be above its target biomass of B40 in 2018. 1 mt is deducted from the ACL for EFP catch, resulting in a fishery HG of 331 mt.

[[Page 22407]]

 
\k\ Black rockfish (Oregon). A 2015 stock assessment estimated the stock to be at 60 percent of its unfished biomass in 2015. The OFL of 570 mt is
  projected in the 2015 stock assessment using an FMSY proxy of F50. The ABC of 520 mt is an 8.7 percent reduction from the OFL ([sigma] = 0.72/
  P* = 0.45) because it is a category 2 stock. The ACL is set equal to the ABC because the stock is above its target biomass of B40. 0.6 mt is
  deducted from the ACL to accommodate the incidental open access fishery, resulting in a fishery HG of 519.4 mt.
\l\ Black rockfish (Washington). A 2015 stock assessment estimated the stock to be at 43 percent of its unfished biomass in 2015. The OFL of 315 mt is
  projected in the 2015 stock assessment using an FMSY proxy of F50. The ABC of 301 mt is a 4.4 percent reduction from the OFL ([sigma] = 0.36/
  P* = 0.45) because it is a category 1 stock. The ACL is set equal to the ABC because the stock is above its target biomass of B40. 18 mt is
  deducted from the ACL to accommodate the Tribal fishery, resulting in a fishery HG of 283 mt.
\m\ Blackgill rockfish. Blackgill rockfish contributes to the harvest specifications for the Minor Slope Rockfish South complex. See footnote pp.
\n\ Cabezon (California). A cabezon stock assessment was conducted in 2009. The cabezon spawning biomass in waters off California was estimated to be at
  48.3 percent of its unfished biomass in 2009. The OFL of 156 mt is calculated using an FMSYproxy of F50. The ABC of 149 mt is based on a 4.4
  percent reduction from the OFL ([sigma] = 0.36/P* = 0.45) because it is a category 1 stock. The ACL is set equal to the ABC because the stock is above
  its target biomass of B40. 0.3 mt is deducted from the ACL to accommodate the incidental open access fishery (0.3 mt), resulting in a fishery
  HG of 148.7 mt.
\o\ Cabezon (Oregon). A cabezon stock assessment was conducted in 2009. The cabezon spawning biomass in waters off Oregon was estimated to be at 52
  percent of its unfished biomass in 2009. The OFL of 49 mt is calculated using an FMSYproxy of F45. The ABC of 47 mt is based on a 4.4 percent
  reduction from the OFL ([sigma] = 0.36/P* = 0.45) because it is a category 1 species. The ACL is set equal to the ABC because the stock is above its
  target biomass of B40. There are no deductions from the ACL so the fishery HG is also equal to the ACL of 47 mt.
\p\ California scorpionfish. A California scorpionfish assessment was conducted in 2005 and was estimated to be at 79.8 percent of its unfished biomass
  in 2005. The OFL of 278 mt is based on projections from a catch-only update of the 2005 assessment assuming actual catches since 2005 and using an
  FMSY harvest rate proxy of F50. The ABC of 254 mt is an 8.7 percent reduction from the OFL ([sigma] = 0.72/P* = 0.45) because it is a category
  2 stock. The ACL is set at a constant catch amount of 150 mt. 2.2 mt is deducted from the ACL to accommodate the incidental open access fishery (2 mt)
  and research catch (0.2 mt), resulting in a fishery HG of 147.8 mt. An ACT of 111 mt is established.
\q\ Canary rockfish. A stock assessment was conducted in 2015 and the stock was estimated to be at 55.5 percent of its unfished biomass coastwide in
  2015. The coastwide OFL of 1,596 mt is projected in the 2015 assessment using an FMSYharvest rate proxy of F50. The ABC of 1,526 mt is a 4.4
  percent reduction from the OFL ([sigma] = 0.36/P* = 0.45) as it is a category 1 stock. The ACL is set equal to the ABC because the stock is above its
  target biomass of B40. 59.4 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), the incidental open access fishery (1.2
  mt), EFP catch (1 mt) and research catch (7.2 mt) resulting in a fishery HG of 1,466.6 mt. Recreational HGs are: 50 mt (Washington); 75 mt (Oregon);
  and 135 mt (California).
\r\ Chilipepper. A coastwide update assessment of the chilipepper stock was conducted in 2015 and estimated to be at 64 percent of its unfished biomass
  in 2015. Chilipepper are managed with stock-specific harvest specifications south of 40deg;10'N lat. and within the Minor Shelf Rockfish complex north
  of 40deg;10' N lat. Projected OFLs are stratified north and south of 40deg;10' N lat. based on the average historical assessed area catch, which is 93
  percent for the area south of 40deg;10' N lat. and 7 percent for the area north of 40deg;10' N lat. The OFL of 2,623 mt for the area south of
  40deg;10' N lat. is projected in the 2015 assessment using an FMSY proxy of F50. The ABC of 2,507 mt is a 4.4 percent reduction from the OFL
  ([sigma] = 0.36/P* = 0.45) because it is a category 1 stock. The ACL is set equal to the ABC because the stock is above its target biomass of B40. 45.9 mt is deducted from the ACL to accommodate the incidental open access fishery (5 mt), EFP fishing (30 mt), and research catch (10.9 mt),
  resulting in a fishery HG of 2,461.1 mt.
\s\ Dover sole. A 2011 Dover sole assessment estimated the stock to be at 83.7 percent of its unfished biomass in 2011. The OFL of 90,282 mt is based on
  an updated catch-only projection from the 2011 stock assessment assuming actual catches since 2011 and using an FMSY proxy of F30. The ABC of
  86,310 mt is a 4.4 percent reduction from the OFL ([sigma] = 0.36/P* = 0.45) because it is a category 1 stock. The ACL could be set equal to the ABC
  because the stock is above its target biomass of B25. However, the ACL of 50,000 mt is set at a level below the ABC and higher than the
  maximum historical landed catch. 1,593.7 mt is deducted from the ACL to accommodate the Tribal fishery (1,497 mt), the incidental open access fishery
  (54.8 mt), and research catch (41.9 mt), resulting in a fishery HG of 48,406.3 mt.
\t\ English sole. A 2013 stock assessment was conducted, which estimated the stock to be at 88 percent of its unfished biomass in 2013. The OFL of 8,255
  mt is projected in the 2013 assessment using an FMSY proxy of F30. The ABC of 7,537 mt is an 8.7 percent reduction from the OFL ([sigma] =
  0.72/P* = 0.45) because it is a category 2 stock. The ACL is set equal to the ABC because the stock is above its target biomass of B25. 212.8
  mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), the incidental open access fishery (7 mt) and research catch (5.8 mt),
  resulting in a fishery HG of 7,324.2 mt.
\u\ Lingcod north. The 2009 lingcod assessment modeled two populations north and south of the California-Oregon border (42[deg] N lat.). Both
  populations were healthy with stock depletion estimated at 62 and 74 percent for the north and south, respectively in 2009.The OFL is based on an
  updated catch-only projection from the 2009 assessment assuming actual catches since 2009 and using an FMSY proxy of F45. The OFL is
  apportioned by adding 48 percent of the OFL from California, resulting in an OFL of 3,310 mt for the area north of 40deg;10' N lat. The ABC of 3,110
  mt is based on a 4.4 percent reduction ([sigma] = 0.36/P* = 0.45) from the OFL contribution for the area north of 42[deg] N lat. because it is a
  category 1 stock, and an 8.7 percent reduction ([sigma] = 0.72/P* = 0.45) from the OFL contribution for the area between 42[deg] N lat. and 40deg;10'
  N lat. because it is a category 2 stock. The ACL is set equal to the ABC because the stock is above its target biomass of B40. 278.2 mt is
  deducted from the ACL for the Tribal fishery (250 mt), the incidental open access fishery (16 mt), EFP catch (0.5 mt) and research catch (11.7 mt),
  resulting in a fishery HG of 2,831.8 mt.
\v\ Lingcod south. The 2009 lingcod assessment modeled two populations north and south of the California-Oregon border (42[deg] N lat.). Both
  populations were healthy with stock depletion estimated at 62 and 74 percent for the north and south, respectively in 2009. The OFL is based on an
  updated catch-only projection of the 2009 stock assessment assuming actual catches since 2009 and using an FMSY proxy of F45. The OFL is
  apportioned by subtracting 48 percent of the California OFL, resulting in an OFL of 1,373 mt for the area south of 40deg;10' N lat. The ABC of 1,144
  mt is based on a 16.7 percent reduction from the OFL ([sigma] = 0.72/P* = 0.40) because it is a category 2 stock. The ACL is set equal to the ABC
  because the stock is above its target biomass of B40. 9 mt is deducted from the ACL to accommodate the incidental open access fishery (6.9
  mt), EFP fishing (1 mt), and research catch (1.1 mt), resulting in a fishery HG of 1,135 mt.
\w\ Longnose skate. A stock assessment was conducted in 2007 and the stock was estimated to be at 66 percent of its unfished biomass. The OFL of 2,526
  mt is derived from the 2007 stock assessment using an FMSY proxy of F50. The ABC of 2,415 mt is a 4.4 percent reduction from the OFL ([sigma]
  = 0.36/P* = 0.45) because it is a category 1 stock. The ACL of 2,000 mt is a fixed harvest level that provides greater access to the stock and is less
  than the ABC. 147 mt is deducted from the ACL to accommodate the Tribal fishery (130 mt), incidental open access fishery (3.8 mt), and research catch
  (13.2 mt), resulting in a fishery HG of 1,853 mt.
\x\ Longspine thornyhead. A 2013 longspine thornyhead coastwide stock assessment estimated the stock to be at 75 percent of its unfished biomass in
  2013. A coastwide OFL of 4,339 mt is projected in the 2013 stock assessment using an F50FMSY proxy. The coastwide ABC of 3,614 mt is a 16.7
  percent reduction from the OFL ([sigma] = 0.72/P* = 0.40) because it is a category 2 stock. For the portion of the stock that is north of 34[deg]27' N
  lat., the ACL is 2,747 mt, and is 76 percent of the coastwide ABC based on the average swept-area biomass estimates (2003-2012) from the NMFS NWFSC
  trawl survey. 46.8 mt is deducted from the ACL to accommodate the Tribal fishery (30 mt), the incidental open access fishery (3.3 mt), and research
  catch (13.5 mt), resulting in a fishery HG of 2,700.2 mt. For that portion of the stock south of 34[deg]27' N lat. the ACL is 867 mt and is 24 percent
  of the coastwide ABC based on the average swept-area biomass estimates (2003-2012) from the NMFS NWFSC trawl survey. 3.2 mt is deducted from the ACL
  to accommodate the incidental open access fishery (1.8 mt), and research catch (1.4 mt), resulting in a fishery HG of 863.8 mt.
\y\ Pacific cod. The 3,200 mt OFL is based on the maximum level of historic landings. The ABC of 2,221 mt is a 30.6 percent reduction from the OFL
  ([sigma] = 1.44/P* = 0.40) as it is a category 3 stock. The 1,600 mt ACL is the OFL reduced by 50 percent as a precautionary adjustment. 509 mt is
  deducted from the ACL to accommodate the Tribal fishery (500 mt), research catch (7 mt), and the incidental open access fishery (2 mt), resulting in a
  fishery HG of 1,091 mt.

[[Page 22408]]

 
\z\ Pacific whiting. The coastwide stock assessment was published in 2018 and estimated the spawning stock to be at 66.7 percent of its unfished
  biomass. The 2018 OFL of 725,984 mt is based on the 2018 assessment with an F40 FMSY proxy. The 2018 coastwide, unadjusted Total Allowable
  Catch (TAC) of 517,775 mt is based on the 2018 stock assessment. The U.S. TAC is 73.88 percent of the coastwide unadjusted TAC. Up to 15 percent of
  each party's unadjusted 2017 TAC (58,901 mt for the U.S. and 20,824 mt for Canada) is added to each party's 2018 unadjusted TAC, resulting in a U.S.
  adjusted 2018 TAC of 441,433 mt. From the adjusted U.S. TAC, 77,251 mt is deducted to accommodate the Tribal fishery, and 1,500 mt is deducted to
  accommodate research and bycatch in other fisheries, resulting in a fishery HG of 362,682 mt. The TAC for Pacific whiting is established under the
  provisions of the Agreement with Canada on Pacific Hake/Whiting and the Pacific Whiting Act of 2006, 16 U.S.C. 7001-7010, and the international
  exception applies. Therefore, no ABC or ACL values are provided for Pacific whiting.
\aa\ Petrale sole. A 2015 stock assessment update was conducted, which estimated the stock to be at 31 percent of its unfished biomass in 2015. The OFL
  of 3,152 mt is projected in the 2015 assessment using an FMSY proxy of F30. The ABC of 3,013 mt is a 4.4 percent reduction from the OFL
  ([sigma] = 0.36/P* = 0.45) because it is a category 1 stock. The ACL is set equal to the ABC because the stock is above its target biomass of B25. 240.9 mt is deducted from the ACL to accommodate the Tribal fishery (220 mt), the incidental open access fishery (3.2 mt) and research catch
  (17.7 mt), resulting in a fishery HG of 2,772.1 mt.
\bb\ Sablefish north. A coastwide sablefish stock assessment update was conducted in 2015. The coastwide sablefish biomass was estimated to be at 33
  percent of its unfished biomass in 2015. The coastwide OFL of 8,329 mt is projected in the 2015 stock assessment using an FMSY proxy of F45.
  The ABC of 7,604 mt is an 8.7 percent reduction from the OFL ([sigma] = 0.36/P* = 0.40). The 40ndash;10 adjustment is applied to the ABC to derive a
  coastwide ACL value because the stock is in the precautionary zone. This coastwide ACL value is not specified in regulations. The coastwide ACL value
  is apportioned north and south of 36[deg] N lat., using the 2003-2014 average estimated swept area biomass from the NMFS NWFSC trawl survey, with 73.8
  percent apportioned north of 36[deg] N lat. and 26.2 percent apportioned south of 36[deg] N lat. The northern ACL is 5,475 mt and is reduced by 548 mt
  for the Tribal allocation (10 percent of the ACL north of 36[deg] N lat.). The 548 mt Tribal allocation is reduced by 1.5 percent to account for
  discard mortality. Detailed sablefish allocations are shown in Table 2c.
\cc\ Sablefish south. The ACL for the area south of 36[deg] N lat. is 1,944 mt (26.2 percent of the calculated coastwide ACL value). 5 mt is deducted
  from the ACL to accommodate the incidental open acrdedseescess fishery (2 mt) and research catch (3 mt), resulting in a fishery HG of 1,939 mt.
\dd\ Shortbelly rockfish. A non-quantitative shortbelly rockfish assessment was conducted in 2007. The spawning stock biomass of shortbelly rockfish was
  estimated to be 67 percent of its unfished biomass in 2005. The OFL of 6,950 mt is based on the estimated MSY in the 2007 stock assessment. The ABC of
  5,789 mt is a 16.7 percent reduction of the OFL ([sigma] = 0.72/P* = 0.40) because it is a category 2 stock. The 500 mt ACL is set to accommodate
  incidental catch when fishing for co-occurring healthy stocks and in recognition of the stock's importance as a forage species in the California
  Current ecosystem. 10.9 mt is deducted from the ACL to accommodate the incidental open access fishery (8.9 mt) and research catch (2 mt), resulting in
  a fishery HG of 489.1 mt.
\ee\ Shortspine thornyhead. A 2013 coastwide shortspine thornyhead stock assessment estimated the stock to be at 74.2 percent of its unfished biomass in
  2013. A coastwide OFL of 3,116 mt is projected in the 2013 stock assessment using an F50FMSY proxy. The coastwide ABC of 2,596 mt is a 16.7
  percent reduction from the OFL ([sigma] = 0.72/P* = 0.40) because it is a category 2 stock. For the portion of the stock that is north of 34[deg]27' N
  lat., the ACL is 1,698 mt. The northern ACL is 65.4 percent of the coastwide ABC based on the average swept-area biomass estimates (2003-2012) from
  the NMFS NWFSC trawl survey. 59 mt is deducted from the ACL to accommodate the Tribal fishery (50 mt), the incidental open access fishery (1.8 mt),
  and research catch (7.2 mt), resulting in a fishery HG of 1,639 mt for the area north of 34[deg]27' N lat. For that portion of the stock south of
  34[deg]27' N lat. the ACL is 898 mt. The southern ACL is 34.6 percent of the coastwide ABC based on the average swept-area biomass estimates (2003-
  2012) from the NMFS NWFSC trawl survey. 42.3 mt is deducted from the ACL to accommodate the incidental open access fishery (41.3 mt) and research
  catch (1 mt), resulting in a fishery HG of 855.7 mt for the area south of 34[deg]27' N lat.
\ff\ Spiny dogfish. A coastwide spiny dogfish stock assessment was conducted in 2011. The coastwide spiny dogfish biomass was estimated to be at 63
  percent of its unfished biomass in 2011. The coastwide OFL of 2,500 mt is derived from the 2011 assessment using an FMSY proxy of F50. The
  coastwide ABC of 2,083 mt is a 16.7 percent reduction from the OFL ([sigma] = 0.72/P* = 0.40) because it is a category 2 stock. The ACL is set equal
  to the ABC because the stock is above its target biomass of B40. 338 mt is deducted from the ACL to accommodate the Tribal fishery (275 mt),
  the incidental open access fishery (49.5 mt), EFP catch (1 mt), and research catch (12.5 mt), resulting in a fishery HG of 1,745 mt.
\gg\ Splitnose rockfish. A coastwide splitnose rockfish assessment was conducted in 2009 that estimated the stock to be at 66 percent of its unfished
  biomass in 2009. Splitnose rockfish in the north is managed in the Minor Slope Rockfish complex and with stock-specific harvest specifications south
  of 40deg;10' N lat. The coastwide OFL is projected in the 2009 assessment using an FMSY proxy of F50. The coastwide OFL is apportioned north
  and south of 40deg;10' N lat. based on the average 1916-2008 assessed area catch resulting in 64.2 percent of the coastwide OFL apportioned south of
  40deg;10' N lat., and 35.8 percent apportioned for the contribution of splitnose rockfish to the northern Minor Slope Rockfish complex. The southern
  OFL of 1,842 mt results from the apportionment described above. The southern ABC of 1,761 mt is a 4.4 percent reduction from the southern OFL ([sigma]
  = 0.36/P* = 0.45) because it is a category 1 stock. The ACL is set equal to the ABC because the stock is estimated to be above its target biomass of
  B40. 10.7 mt is deducted from the ACL to accommodate the incidental open access fishery (0.2 mt), research catch (9 mt) and EFP catch (1.5
  mt), resulting in a fishery HG of 1,750.3 mt.
\hh\ Starry flounder. The stock was assessed in 2005 and was estimated to be above 40 percent of its unfished biomass in 2005 (44 percent in Washington
  and Oregon, and 62 percent in California). The coastwide OFL of 1,847 mt is set equal to the 2016 OFL, which was derived from the 2005 assessment
  using an FMSY proxy of F30. The ABC of 1,282 mt is a 30.6 percent reduction from the OFL ([sigma] = 1.44/P* = 0.40) because it is a category 3
  stock. The ACL is set equal to the ABC because the stock was estimated to be above its target biomass of B25 in 2018. 10.3 mt is deducted from
  the ACL to accommodate the Tribal fishery (2 mt), and the incidental open access fishery (8.3 mt), resulting in a fishery HG of 1,271.7 mt.
\ii\ Widow rockfish. The widow rockfish stock was assessed in 2015 and was estimated to be at 75 percent of its unfished biomass in 2015. The OFL of
  13,237 mt is projected in the 2015 stock assessment using the F50 FMSY proxy. The ABC of 12,655 mt is a 4.4 percent reduction from the OFL
  ([sigma] = 0.36/P* = 0.45) because it is a category 1 stock. The ACL is set equal to the ABC because the stock is above its target biomass of B40. 217.7 mt is deducted from the ACL to accommodate the Tribal fishery (200 mt), the incidental open access fishery (0.5 mt), EFP catch (9 mt) and
  research catch (8.2 mt), resulting in a fishery HG of 12,437.3 mt.
\jj\ Yellowtail rockfish. A 2013 yellowtail rockfish stock assessment was conducted for the portion of the population north of 40deg;10' N. lat. The
  estimated stock depletion is 67 percent of its unfished biomass in 2013. The OFL of 6,574 mt is projected in the 2013 stock assessment using an FMSY
  proxy of F50. The ABC of 6,002 mt is an 8.7 percent reduction from the OFL ([sigma] = 0.72/P*= 0.45) because it is a category 2 stock. The ACL
  is set equal to the ABC because the stock is above its target biomass of B40. 1,030 mt is deducted from the ACL to accommodate the Tribal
  fishery (1,000 mt), the incidental open access fishery (3.4 mt), EFP catch (10 mt) and research catch (16.6 mt), resulting in a fishery HG of 4,972.1
  mt.
\kk\ Minor Nearshore Rockfish north. The OFL for Minor Nearshore Rockfish north of 40deg;10' N lat. of 119 mt is the sum of the OFL contributions for
  the component species managed in the complex. The ABCs for the minor rockfish complexes are based on a sigma value of 0.72 for category 2 stocks (blue/
  deacon rockfish in California, brown rockfish, China rockfish, and copper rockfish) and a sigma value of 1.44 for category 3 stocks (all others) with
  a P* of 0.45. The resulting ABC of 105 mt is the summed contribution of the ABCs for the component species. The ACL of 105 mt is the sum of
  contributing ABCs. 1.8 mt is deducted from the ACL to accommodate the Tribal fishery (1.5 mt), and the incidental open access fishery (0.3 mt),
  resulting in a fishery HG of 103.2 mt. Between 40deg;10' N lat. and 42[deg] N lat. the Minor Nearshore Rockfish complex north has a harvest guideline
  of 40.2 mt. Blue/deacon rockfish south of 42[deg] N lat. has a species-specific HG, described in footnote pp.
\ll\ Minor Shelf Rockfish north. The OFL for Minor Shelf Rockfish north of 40deg;10' N lat. of 2,302 mt is the sum of the OFL contributions for the
  component species within the complex. The ABCs for the minor rockfish complexes are based on a sigma value of 0.36 for a category 1 stock
  (chilipepper), a sigma value of 0.72 for category 2 stocks (greenspotted rockfish between 40deg;10' and 42[deg] N lat. and greenstriped rockfish) and
  a sigma value of 1.44 for category 3 stocks (all others) with a P* of 0.45. The resulting ABC of 2,048 mt is the summed contribution of the ABCs for
  the component species. The ACL of 2,047 mt is the sum of contributing ABCs of healthy assessed stocks and unassessed stocks, plus the ACL contribution
  of greenspotted rockfish in California where the 40ndash;10 adjustment was applied to the ABC contribution for this stock because it is in the
  precautionary zone. 83.8 mt is deducted from the ACL to accommodate the Tribal fishery (30 mt), the incidental open access fishery (26 mt), EFP catch
  (3 mt), and research catch (24.8 mt), resulting in a fishery HG of 1,963.2 mt.

[[Page 22409]]

 
\mm\ Minor Slope Rockfish north. The OFL for Minor Slope Rockfish north of 40deg;10' N. lat. of 1,896 mt is the sum of the OFL contributions for the
  component species within the complex. The ABCs for the Minor Slope Rockfish complexes are based on a sigma value of 0.39 for aurora rockfish, a sigma
  value of 0.36 for the other category 1 stock (splitnose rockfish), a sigma value of 0.72 for category 2 stocks (rougheye rockfish, blackspotted
  rockfish, and sharpchin rockfish), and a sigma value of 1.44 for category 3 stocks (all others) with a P* of 0.45. A unique sigma of 0.39 was
  calculated for aurora rockfish because the variance in estimated spawning biomass was greater than the 0.36 used as a proxy for other category 1
  stocks. The resulting ABC of 1,754 mt is the summed contribution of the ABCs for the component species. The ACL is set equal to the ABC because all
  the assessed component stocks (rougheye rockfish, blackspotted rockfish, sharpchin rockfish, and splitnose rockfish) are above the target biomass of
  B40. 65.1 mt is deducted from the ACL to accommodate the Tribal fishery (36 mt), the incidental open access fishery (18.6 mt), EFP catch (1
  mt), and research catch (9.5 mt), resulting in a fishery HG of 1,688.9 mt.
\nn\ Minor Nearshore Rockfish south. The OFL for the Minor Nearshore Rockfish complex south of 40deg;10' N lat. of 1,344 mt is the sum of the OFL
  contributions for the component species within the complex. The ABC for the southern Minor Nearshore Rockfish complex is based on a sigma value of
  0.72 for category 2 stocks (blue/deacon rockfish north of 34[deg]27' N lat., brown rockfish, China rockfish, and copper rockfish) and a sigma value of
  1.44 for category 3 stocks (all others) with a P* of 0.45. The resulting ABC of 1,180 mt is the summed contribution of the ABCs for the component
  species. The ACL of 1,179 mt is the sum of the contributing ABCs of healthy assessed stocks and unassessed stocks, plus the ACL contribution for China
  rockfish where the 40ndash;10 adjustment was applied to the ABC contribution for this stock because it is in the precautionary zone. 4.1 mt is
  deducted from the ACL to accommodate the incidental open access fishery (1.4 mt) and research catch (2.7 mt), resulting in a fishery HG of 1,174.9 mt.
  Blue/deacon rockfish south of 42[deg] N lat. has a species-specific HG set equal to the 40ndash;10-adjusted ACL for the portion of the stock north of
  34[deg]27' N lat. (250.3 mt) plus the ABC contribution for the unassessed portion of the stock south of 34[deg]27' N lat. (60.8 mt). The California
  (i.e., south of 42[deg] N lat.) blue/deacon rockfish HG is 311.1 mt.
\oo\ Minor Shelf Rockfish south. The OFL for the Minor Shelf Rockfish complex south of 40deg;10' N lat. of 1,918 mt is the sum of the OFL contributions
  for the component species within the complex. The ABC for the southern Minor Shelf Rockfish complex is based on a sigma value of 0.72 for category 2
  stocks (i.e., greenspotted and greenstriped rockfish) and a sigma value of 1.44 for category 3 stocks (all others) with a P* of 0.45. The resulting
  ABC of 1,625 mt is the summed contribution of the ABCs for the component species. The ACL of 1,624 mt is the sum of contributing ABCs of healthy
  assessed stocks and unassessed stocks, plus the ACL contribution of greenspotted rockfish in California where the 40ndash;10 adjustment was applied to
  the ABC contribution for this stock because it is in the precautionary zone. 47.2 mt is deducted from the ACL to accommodate the incidental open
  access fishery (8.6 mt), EFP catch (30 mt), and research catch (8.6 mt), resulting in a fishery HG of 1,576.8 mt.
\pp\ Minor Slope Rockfish south. The OFL of 829 mt is the sum of the OFL contributions for the component species within the complex. The ABC for the
  southern Minor Slope Rockfish complex is based on a sigma value of 0.39 for aurora rockfish, a sigma value of 0.72 for category 2 stocks (blackgill
  rockfish, rougheye rockfish, blackspotted rockfish, and sharpchin rockfish) and a sigma value of 1.44 for category 3 stocks (all others) with a P* of
  0.45. A unique sigma of 0.39 was calculated for aurora rockfish because the variance in estimated biomass was greater than the 0.36 used as a proxy
  for other category 1 stocks. The resulting ABC of 719 mt is the summed contribution of the ABCs for the component species. The ACL of 709 mt is the
  sum of the contributing ABCs of healthy assessed stocks and unassessed stocks, plus the ACL contribution of blackgill rockfish where the 40ndash;10
  adjustment was applied to the ABC contribution for this stock because it is in the precautionary zone. 20.2 mt is deducted from the ACL to accommodate
  the incidental open access fishery (17.2 mt), EFP catch (1 mt), and research catch (2 mt), resulting in a fishery HG of 688.8 mt. Blackgill rockfish
  has a stock-specific HG for the entire groundfish fishery south of 40deg;10' N lat. set equal to the species' contribution to the 40ndash;10-adjusted
  ACL. Harvest of blackgill rockfish in all groundfish fisheries counts against this HG of 122.4 mt. Nontrawl fisheries are subject to a blackgill
  rockfish HG of 45.3 mt.
\qq\ Other Flatfish. The Other Flatfish complex is comprised of flatfish species managed in the PCGFMP that are not managed with species-specific OFLs/
  ABCs/ACLs. Most of the species in the Other Flatfish complex are unassessed and include: Butter sole, curlfin sole, flathead sole, Pacific sanddab,
  rock sole, sand sole, and rex sole. The Other Flatfish OFL of 9,690 mt is based on the sum of the OFL contributions of the component stocks. The ABC
  of 7,281 mt is based on a sigma value of 0.72 for a category 2 stock (rex sole) and a sigma value of 1.44 for category 3 stocks (all others) with a P*
  of 0.40. The ACL is set equal to the ABC. The ACL is set equal to the ABC because all of the assessed stocks (i.e., Pacific sanddabs and rex sole)
  were above their target biomass of B25. 204 mt is deducted from the ACL to accommodate the Tribal fishery (60 mt), the incidental open access
  fishery 125 mt), and research catch (19 mt), resulting in a fishery HG of 7,077 mt.
\rr\ Other Fish. The Other Fish complex is comprised of kelp greenling coastwide, cabezon off Washington, and leopard shark coastwide. The 2015
  assessment for the kelp greenling stock off of Oregon projected an estimated depletion of 80 percent. All other stocks are unassessed. The OFL of 501
  mt is the sum of the OFL contributions for kelp greenling coastwide, cabezon off Washington, and leopard shark coastwide. The ABC for the Other Fish
  complex is based on a sigma value of 0.44 for kelp greenling off Oregon and a sigma value of 1.44 for category 3 stocks (all others) with a P* of
  0.45. A unique sigma of 0.44 was calculated for kelp greenling off Oregon because the variance in estimated spawning biomass was greater than the 0.36
  sigma used as a proxy for other category 1 stocks. The resulting ABC of 441 mt is the summed contribution of the ABCs for the component species. The
  ACL is set equal to the ABC because all of the assessed stocks (kelp greenling off Oregon) were above their target biomass of B40. There are
  no deductions from the ACL so the fishery HG is equal to the ACL of 441 mt.


0
4. Table 2b to part 660, subpart C, is revised to read as follows:

                               Table 2b to Part 660, Subpart C--2018, and Beyond, Allocations by Species or Species Group
                                                                 [Weight in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Trawl                         Non-trawl
                  Species                               Area               Fishery HG or ---------------------------------------------------------------
                                                                                ACT           Percent           Mt            Percent           Mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
BOCACCIO \a\..............................  S of 40[deg]10' N lat.......           725.6              39           283.3              61           442.3
COWCOD \a\ \b\............................  S of 40[deg]10' N lat.......             4.0              36             1.4              64             2.6
DARKBLOTCHED ROCKFISH \c\.................  Coastwide...................           575.8              95           547.0               5            28.8
PACIFIC OCEAN PERCH \d\...................  N of 40[deg]10' N lat.......           231.6              95           220.0               5            11.6
YELLOWEYE ROCKFISH \a\....................  Coastwide...................            14.0              NA             1.1              NA            12.9
Arrowtooth flounder.......................  Coastwide...................        11,644.9              95        11,062.6               5           582.2
Big skate \a\.............................  Coastwide...................           436.6              95           414.8               5            21.8
Canary rockfish \a\ \e\...................  Coastwide...................         1,466.6              NA         1,060.1              NA           406.5
Chilipepper...............................  S of 40[deg]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[deg]10' N lat.......         2,831.8              45         1,274.3              55         1,557.5
Lingcod...................................  S of 40[deg]10' N lat.......         1,135.0              45           510.8              55           624.3
Longnose skate \a\........................  Coastwide...................         1,853.0              90         1,667.7              10           185.3
Longspine thornyhead......................  N of 34[deg]27' N lat.......         2,700.2              95         2,565.2               5           135.0

[[Page 22410]]

 
Pacific cod...............................  Coastwide...................         1,091.0              95         1,036.4               5            54.5
Pacific whiting \g\.......................  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[deg] N lat..........             N/A                           See Table 2c
                                                                                         ---------------------------------------------------------------
Sablefish.................................  S of 36[deg] N lat..........         1,939.0              42           814.4              58         1,124.6
Shortspine thornyhead.....................  N of 34[deg]27' N lat.......         1,639.0              95         1,557.0               5            81.9
Shortspine thornyhead.....................  S of 34[deg]27' N lat.......           855.7              NA            50.0              NA           805.7
Splitnose rockfish........................  S of 40[deg]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 \f\........................  Coastwide...................        12,437.3              91        11,317.9               9         1,119.4
Yellowtail rockfish.......................  N of 40[deg]10' N lat.......         4,972.1              88         4,375.4              12           596.6
Minor Shelf Rockfish \a\..................  N of 40[deg]10' N lat.......         1,963.2              60         1,181.8              40           781.4
Minor Slope Rockfish......................  N of 40[deg]10' N lat.......         1,688.9              81         1,368.0              19           320.9
Minor Shelf Rockfish \a\..................  S of 40[deg]10' N lat.......         1,576.8              12          192.37              88         1,384.4
Minor Slope Rockfish......................  S of 40[deg]10' N lat.......           688.8              63           433.9              37           254.9
Other Flatfish............................  Coastwide...................         7,077.0              90         6,369.3              10           707.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Allocations decided through the biennial specification process.
\b\ The cowcod fishery harvest guideline is further reduced to an ACT of 4.0 mt.
\c\ Consistent with regulations at Sec.   660.55(c), 9 percent (49.2 mt) of the total trawl allocation for darkblotched rockfish is allocated to the
  Pacific whiting fishery, as follows: 20.7 mt for the Shorebased IFQ Program, 11.8 mt is managed as a set-aside for the MS sector, and 16.7 mt is
  managed as a set-aside for the C/P sector. The tonnage calculated here for the Pacific whiting IFQ fishery contributes to the total shorebased trawl
  allocation, which is found at Sec.   660.140(d)(1)(ii)(D).
\d\ Consistent with regulations at Sec.   660.55(c), 17 percent (37.4 mt) of the total trawl allocation for POP is allocated to the Pacific whiting
  fishery, as follows: 15.7 mt for the Shorebased IFQ Program, 9.0 mt is managed as a set-aside the MS sector, and 12.7 mt is managed as a set-aside for
  the C/P sector. The tonnage calculated here for the Pacific whiting IFQ fishery contributes to the total shorebased trawl allocation, which is found
  at Sec.   660.140(d)(1)(ii)(D).
\e\ Canary rockfish is allocated approximately 72 percent to trawl and 28 percent to non-trawl. 46 mt of the total trawl allocation of canary rockfish
  is allocated to the MS and C/P sectors, as follows: 30 mt for the MS sector, and 16 mt for the C/P sector.
\f\ Consistent with regulations at Sec.   660.55(c), 10 percent (1,131.8 mt) of the total trawl allocation for widow rockfish is allocated to the
  Pacific whiting fishery, as follows: 475.4 mt for the Shorebased IFQ Program, 271.6 mt for the MS sector, and 384.8 mt for the C/P sector. The tonnage
  calculated here for the Pacific whiting IFQ fishery contributes to the total shorebased trawl allocation, which is found at Sec.
  660.140(d)(1)(ii)(D).
\g\ Consistent with regulations at Sec.   [thinsp]660.55(i)(2), the commercial harvest guideline for Pacific whiting is allocated as follows: 34 percent
  (123,312 mt) for the C/P Coop Program; 24 percent (87,044 mt) for the MS Coop Program; and 42 percent (152,326.5 mt) for the Shorebased IFQ Program.
  No more than 5 percent of the Shore based IFQ Program allocation (7,616 mt) may be taken and retained south of 42[deg] N lat. before the start of the
  primary Pacific whiting season north of 42[deg] N lat.

* * * * *

0
5. In Sec.  660.140, revise paragraph (d)(1)(ii)(D) to read as follows:


Sec.  660.140   Shorebased IFQ Program.

* * * * *
    (d) * * *
    (1) * * *
    (ii) * * *
    (D) For the trawl fishery, NMFS will issue QP based on the 
following shorebased trawl allocations:

----------------------------------------------------------------------------------------------------------------
                                                                             2017 shorebased    2018 shorebased
               IFQ species                              Area                 trawl allocation   trawl allocation
                                                                                   (mt)               (mt)
----------------------------------------------------------------------------------------------------------------
Arrowtooth flounder.....................  Coastwide.......................           11,050.6           10,992.6
BOCACCIO................................  South of 40[deg]10' N lat.......              302.4              283.3
Canary rockfish.........................  Coastwide.......................            1,014.1            1,014.1
Chilipepper.............................  South of 40[deg]10' N lat.......            1,920.8            1,845.8
COWCOD..................................  South of 40[deg]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[deg]10' N lat.......            1,359.7           1,259.32
Lingcod.................................  South of 40[deg]10' N lat.......              558.9             510.75
Longspine thornyhead....................  North of 34[deg]27' N lat.......            2,699.8            2,560.2
Minor Shelf Rockfish complex............  North of 40[deg]10' N lat.......            1,148.1            1,146.8
Minor Shelf Rockfish complex............  South of 40[deg]10' N lat.......              192.2              192.4
Minor Slope Rockfish complex............  North of 40[deg]10' N lat.......            1,268.8            1,268.0
Minor Slope Rockfish complex............  South of 40[deg]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[deg]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[deg] N lat..........            2,416.4            2,521.9
Sablefish...............................  South of 36[deg] N lat..........              780.8              814.4

[[Page 22411]]

 
Shortspine thornyhead...................  North of 34[deg]27' N lat.......             1551.3            1,537.0
Shortspine thornyhead...................  South of 34[deg]27' N lat.......               50.0               50.0
Splitnose rockfish......................  South of 40[deg]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[deg]10' N lat.......            4,246.1            4,075.4
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-10230 Filed 5-14-18; 8:45 am]
 BILLING CODE 3510-22-P