Rule2025-11726
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2025 Pacific Whiting U.S. Total Allowable Catch, 2025 Tribal Allocation, 2025 Incidental Set-Aside, and Annual Specifications for 2025 Non-Tribal Fisheries
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 26, 2025
Effective
June 26, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule announces the 2025 U.S. Total Allowable Catch of Pacific whiting and implements the domestic 2025 harvest specifications for Pacific whiting fisheries off the coasts of Washington, Oregon, and California (collectively, the West Coast), including the 2025 Tribal allocation for the Pacific whiting fishery, the non-Tribal fishery Harvest Guideline and sector allocations, and a set-aside for research activities and incidental mortality in non- groundfish fisheries. These measures are intended to help prevent overfishing, achieve optimum yield, ensure that management measures are based on the best scientific information available, and provide for the implementation of Tribal treaty fishing rights.
Full Text
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<title>Federal Register, Volume 90 Issue 121 (Thursday, June 26, 2025)</title>
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[Federal Register Volume 90, Number 121 (Thursday, June 26, 2025)]
[Rules and Regulations]
[Pages 27261-27267]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11726]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 250623-0103]
RIN 0648-BN47
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2025 Pacific Whiting U.S. Total
Allowable Catch, 2025 Tribal Allocation, 2025 Incidental Set-Aside, and
Annual Specifications for 2025 Non-Tribal Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule announces the 2025 U.S. Total Allowable Catch
of Pacific whiting and implements the domestic 2025 harvest
specifications for Pacific whiting fisheries off the coasts of
Washington, Oregon, and California (collectively, the West Coast),
including the 2025 Tribal allocation for the Pacific whiting fishery,
the non-Tribal fishery Harvest Guideline and sector allocations, and a
set-aside for research activities and incidental mortality in non-
groundfish fisheries. These measures are intended to help prevent
overfishing, achieve optimum yield, ensure that management measures are
based on the best scientific information available, and provide for the
implementation of Tribal treaty fishing rights.
DATES: Effective June 26, 2025.
ADDRESSES:
Electronic Access
This final rule is accessible via the internet at the Office of the
Federal Register website at: <a href="https://www.federalregister.gov">https://www.federalregister.gov</a>.
Background information for this action and analytical documents for
the Regulatory Flexibility Act (RFA), and National Environmental Policy
Act (NEPA) are available at the NMFS West Coast region website at:
<a href="https://www.fisheries.noaa.gov/action/2025-pacific-whiting-us-total-allowable-catch-2025-tribal-allocation-2025-incidental-set">https://www.fisheries.noaa.gov/action/2025-pacific-whiting-us-total-allowable-catch-2025-tribal-allocation-2025-incidental-set</a>.
NEPA documents for West Coast groundfish actions are also available
at: <a href="https://www.fisheries.noaa.gov/west-coast/laws-and-policies/groundfish-actions-nepa-documents">https://www.fisheries.noaa.gov/west-coast/laws-and-policies/groundfish-actions-nepa-documents</a> and at the Pacific Fishery Management
Council's (Council) website at: <a href="http://www.pcouncil.org">http://www.pcouncil.org</a>.
Additional background information for the Pacific Hake/Whiting
Treaty can be found at: <a href="https://www.fisheries.noaa.gov/west-coast/laws-policies/pacific-hake-whiting-treaty">https://www.fisheries.noaa.gov/west-coast/laws-policies/pacific-hake-whiting-treaty</a>.
FOR FURTHER INFORMATION CONTACT: Colin Sayre, phone: 206-526-4656, and
email: <a href="/cdn-cgi/l/email-protection#3774585b5e591964564e4552775958565619505841"><span class="__cf_email__" data-cfemail="edae82818483c3be8c949f88ad83828c8cc38a829b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
The final rule announces the U.S. total allowable catch (TAC) for
Pacific whiting, which was determined under the terms of the Agreement
Between the Government of the United States of America and the
Government of Canada on Pacific Hake/Whiting of 2003 (Agreement). This
final rule also establishes a Tribal Pacific whiting allocation based
on a percentage of the recommended U.S. TAC of Pacific whiting, a 2025
set-aside for research and incidental mortality in non-groundfish
fisheries, and the 2025 Harvest Guideline (HG) and sector allocations
for the non-Tribal commercial Pacific whiting fishery. NMFS implements
these actions under the authority of the Pacific Coast Groundfish
Fishery Management Plan (FMP), sections 304(b) and 305(d) of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), the Pacific Whiting Act of 2006 (Whiting Act), and other
applicable laws.
The Tribal and non-Tribal commercial Pacific whiting fisheries open
on May 1 of each year. The Tribal and non-Tribal commercial sector
allocations for Pacific whiting, as well as set-asides, are effective
until December 31, 2025.
Pacific Whiting Agreement
The transboundary stock of Pacific whiting is managed through the
Agreement. The Agreement establishes bilateral management bodies to
implement the terms of the Agreement. The bilateral bodies include: the
Joint Management Committee (JMC), which recommends the annual catch
limit 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. NMFS issued a
proposed rule on April 15, 2025 (90 FR 15675) that further describes
the Agreement, the distribution of the Pacific whiting coastwide TAC
between the United States (73.88 percent) and Canada (26.12 percent),
the bilateral bodies to implement the terms of the Agreement, including
the JMC, and the process used to determine the coastwide TAC under the
Agreement.
2025 TAC Recommendation and Approval
The Treaty's AP and the JMC met in Victoria, British Columbia on
March 11-13, 2025, to develop advice on a 2025 coastwide TAC. The AP
provided its 2025 TAC recommendation to the JMC on March 12, 2025. 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 F-40 default harvest rate, unless scientific
evidence demonstrates that a different harvest rate is necessary to
sustain the offshore Pacific whiting resource. The F-40 default harvest
rate is a fishing mortality rate that would reduce the spawning biomass
of Pacific whiting to 40 percent of the estimated unfished level. After
consideration of the 2025 stock assessment and other relevant
scientific information, the JMC did not use the default harvest rate,
and instead agreed on a more conservative approach. There were 4
primary reasons for choosing a TAC below the default harvest rate: (1)
the last available survey biomass estimate (from 2023) was the third
lowest in the time series; (2) the proportion of fish in Canadian
waters was at an all-time low; (3) catch attainment for both countries
declined in the last two years reaching all-time lows relative to their
respective TAC levels in 2024; and (4) the biomass of whiting has
shifted south in both 2023 and 2024 resulting in lower observed biomass
off Washington and Oregon, and higher biomass off of California waters.
Further, long-term trends in acoustic survey biomass show lower
[[Page 27262]]
proportions of whiting migrating into Canadian waters. The JMC
concluded that these factors warranted setting the coastwide TAC below
the 2024 value of 555,000 metric tons (mt), and lower than the level
that would result from application of the F-40 default harvest rate.
This conservative approach was endorsed by the AP and is consistent
with Article III.1. of the Agreement.
The Agreement allows an adjusted TAC when either country's catch
exceeds or is less than its TAC in the prior year. If the catch is in
excess of the country's TAC, the amount of the overage is deducted from
that country's TAC in the following year. If catch falls short of the
country's TAC, a portion of the shortfall is carried over and added to
the country's TAC for the following year. Under the Agreement,
carryover adjustments cannot not exceed 15 percent of a party country's
unadjusted TAC for the year in which the shortfall occurred. In 2024,
neither country fully attained their respective TACs. The percentage of
the U.S. TAC attained for 2024 is detailed in the Final Regulatory
Flexibility Analysis (FRFA) (see the ADDRESSES section), which is
summarized in the Classification section below.
For the 2025 Pacific whiting fishery, the JMC recommended an
unadjusted coastwide TAC of 328,973 mt. Based on Article III.2 of the
Agreement, the Canadian share of the unadjusted coastwide TAC is 26.12
percent (85,928 mt) and the U.S. share is 73.88 percent (243,045 mt).
Consistent with Article II.5(b) of the Agreement, an adjustment
(carryover from 2024) of 18,552 mt is added to the Canadian share, for
an adjusted Canadian TAC of 104,480 mt. In the same manner, an
adjustment of 52,475 mt is added to the United States share, for an
adjusted United States TAC of 295,520 mt. This results in a coastwide
adjusted TAC of 400,000 mt for 2025.
This recommendation is consistent with the best available
scientific information and provisions of the Agreement. The
recommendation was transmitted via letter to the United States and
Canadian Governments on March 13, 2025. NMFS, under delegation of
authority from the Secretary of Commerce (Secretary), approved the TAC
recommendation of 243,045 mt for U.S. fisheries on April 17, 2025.
This final rule announces the adjusted coastwide TAC of 400,000 mt
and an adjusted U.S. TAC of 295,520 mt.
Tribal Allocations
This final rule establishes the Tribal allocation of Pacific
whiting for 2025. Four Washington coastal treaty Indian Tribes--the
Makah Indian Tribe, the Quileute Indian Tribe, the Quinault Indian
Nation, and the Hoh Indian Tribe (collectively, the Treaty Tribes)--can
participate in the Tribal Pacific whiting fishery. The regulations at
50 CFR 660.50(d) identify the procedures for implementing the treaty
rights that Pacific Coast Treaty Tribes have to harvest groundfish in
their usual and accustomed fishing areas in U.S. waters, including the
process by which Tribes with treaty fishing rights in the area covered
by the FMP request allocations, set-asides, or regulations specific to
the Treaty Tribes. 50 CFR 660.50(d) provides that the Secretary will
develop Tribal allocations and regulations in consultation with the
affected Treaty Tribes and, insofar as possible, with Tribal agreement.
NMFS allocates a portion of the U.S. TAC of Pacific whiting to the
Tribal fishery following the process established in 50 CFR 660.50(d).
The Tribal allocation is subtracted from the U.S. Pacific whiting TAC
before allocation to the non-Tribal sectors.
In its proposed rule issued on April 15, 2025 (90 FR 15675), NMFS
described the Tribal allocation as 17.5 percent of the U.S. TAC, and
projected a range of potential Tribal allocations for 2025 based on a
range of U.S. TACs over the last 10 years (plus or minus 15 percent to
capture variability in stock abundance). The proposed rule used a range
of U.S. TACs because the 2025 U.S. TAC was not approved before the
proposed rule publication date. As described in the proposed rule, the
resulting range of potential Tribal allocations was 48,354 mt and
92,927 mt. Applying the approach described in the proposed rule, NMFS
is establishing the 2025 Tribal allocation of 51,716 mt in this final
rule, which is 17.5 percent of the U.S. TAC of 295,520 mt.
As with prior Tribal allocations of Pacific whiting, this final
rule is not intended to establish a precedent for future Pacific
whiting seasons, or for the determination of the total amount of
Pacific whiting to which the Tribes are entitled under their treaty
right. In 2009, NMFS, the States of Washington and Oregon, and the
coastal treaty Tribes started a process to determine the long-term
Tribal allocation for Pacific whiting; however, no long-term allocation
has been determined. 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 treaty Tribes
and the States of Washington and Oregon.
Set-Asides for Research and Incidental Mortality in Non-Groundfish
Fisheries
The U.S. non-Tribal whiting fishery is managed under the FMP. Each
year, the Council recommends a set-aside to accommodate research
activities and incidental mortality in non-groundfish fisheries (e.g.,
pink shrimp) based on estimates of scientific research catch and
estimated bycatch mortality in non-groundfish fisheries (50 CFR
660.55(j)). At its November 2024 meeting, the Council recommended a
research and incidental mortality set-aside of 750 mt for 2025, which
would be unchanged from 2024. This final rule implements the Council's
recommendation for a 750 mt set-aside for 2025.
Non-Tribal Harvest Guideline and Allocations
This final rule implements the fishery HG (i.e., the non-Tribal
allocation) and non-Tribal commercial sector allocations for Pacific
whiting for 2025. NMFS did not include the non-Tribal HG and sector
allocations in the proposed rule due to the timing of the TAC
recommendation and approval process under the Agreement and the Whiting
Act. The non-Tribal HG and sector allocations could not be determined
for the proposed rule because they are based on the U.S. TAC. NMFS,
under delegation of authority from the Secretary of Commerce, approved
the U.S. TAC for Pacific whiting on April 17, 2025, which was after the
publication of the proposed ruled. The U.S. Agreement committees and
interested parties were notified via direct email when the TAC was
approved, and interim sector allocations were issued to open the
fishery, on May 1.
Each year NMFS establishes the non-Tribal fishery HG for Pacific
whiting and distributes it to the non-Tribal sectors according to the
commercial allocation structure in the FMP section 6.3.2.2 and
regulations at 50 CFR 660.55(i)(2). To determine the 2025 non-Tribal
fishery HG, the 2025 Tribal allocation of 51,716 mt, and the 750 mt
set-aside for research and incidental mortality are deducted from the
total adjusted U.S. TAC of 295,520 mt, resulting in a fishery HG of
243,054 mt.
The HG is then allocated among the three non-Tribal sectors of the
Pacific whiting fishery: The Catcher/Processor (C/P) Co-op Program, the
Mothership (MS) Co-op Program and the Shorebased Individual Fishing
Quota (IFQ) Program. The C/P Co-op Program is allocated 34 percent
(82,638.36 mt for 2025), the MS Co-op Program is allocated 24 percent
(58,332.96 mt for 2025), and the
[[Page 27263]]
Shorebased IFQ Program is allocated 42 percent (102,082.68 mt for
2025). These commercial sector allocations are summarized in table 1
below. The fishery south of 42[deg] N lat. may not take more than 7,088
mt (5 percent of the Shorebased IFQ Program allocation) prior to May 1,
the start of the primary Pacific whiting season north of 42[deg] N lat.
Table 1--2025 U.S. Pacific Whiting Allocations in Metric Tons
------------------------------------------------------------------------
2025 Pacific
whiting
Sector allocation
(mt)
------------------------------------------------------------------------
Tribal.................................................. 51,716
Catcher/Processor (C/P) Co-op Program................... 82,638.36
Mothership (MS) Co-op Program........................... 58,332.96
Shorebased IFQ Program.................................. 102,082.68
------------------------------------------------------------------------
Comments and Responses
NMFS issued a proposed rule on April 15, 2025 (90 FR 15675). The
comment period on the proposed rule closed April 30, 2025. NMFS
received three comments from individuals during the comment period. Two
of the comments received supported the action. Neither of those
comments included further recommendations for changes to the proposed
action. The third comment received was not relevant to this rulemaking.
Changes From the Proposed Rule
No substantive changes from the proposed action were made to the
final action based on the relevant comments received.
Classification
This final rule is implemented under the statutory and regulatory
authority of sections 304(b) and 305(d) of the Magnuson-Stevens Act,
the Whiting Act, the regulations governing the groundfish fishery at 50
CFR 660.5-660.360, and other applicable laws. NMFS is using section
305(d) of the Magnuson-Stevens Act for the Tribal allocation because in
a previous action taken pursuant to section 304(b), the FMP and its
implementing regulations authorize NMFS to take action pursuant to
Magnuson-Stevens Act section 305(d).
The NMFS Assistant Administrator has determined that this final
rule is consistent with sections 304(b)(1)(a) and 305(d) of the
Magnuson-Stevens Act, the Whiting Act, the regulations governing the
groundfish fishery at 50 CFR 660.5-660.360, and other applicable laws.
Additionally, pursuant to Magnuson-Stevens Act section 305(d), this
action is necessary to carry out Tribal allocations, set-asides, and
regulations pursuant to FMP section 6.2.5 and 50 CFR 660.50(d)(1)
because with this rule, NMFS will ensure that the fishery is managed in
a manner consistent with treaty rights of the four Treaty Tribes to
fish in their ``usual and accustomed grounds and stations'' in common
with non-Tribal citizens (United States v. Washington, 384 F. Supp. 313
(W.D. Wash. 1974)).
Pursuant to Executive Order 13175, this action was developed after
meaningful and timely consultation with Tribal officials from the area
covered by the FMP. NMFS consulted with the Treaty Tribes per
requirements under the MSA at 16 U.S.C. 1852(b)(5), wherein one of the
voting members of the Pacific Council must be a representative of an
Indian Tribe with federally recognized fishing rights from the area of
the Council's jurisdiction. In addition, NMFS invited consultation on
this action through exchanged emails with Tribal officials leading up
to the development of the rule and through this rule will implement the
allocation requested by the Makah Indian Tribe. Regulations
implementing the FMP establish a procedure by which the Tribes with
treaty fishing rights in the area covered by the FMP request
allocations or regulations specific to the Tribes, in writing, before
the first of the two meetings at which the Council considers groundfish
management measures. The regulations at 50 CFR 660.50(d)(2) further
state that the Secretary will develop Tribal allocations and
regulations under this paragraph in consultation with the affected
Tribe(s) and, insofar as possible, with Tribal consensus.
Pursuant to 5 U.S.C. 553(d)(3), the NMFS Assistant Administrator
finds good cause to waive the 30-day delay in the date of effectiveness
for this final rule because such a delay would be contrary to the
public interest. The Pacific whiting fishery season began on May 1,
2025 under interim allocations based on a proxy coastwide TAC analyzed
in the 2025 Pacific whiting stock assessment (see ADDRESSES). This
proxy coastwide TAC was 350,000 mt, which is approximately 12.5 percent
lower than the 2025 adjusted coastwide TAC of 400,000 mt recommended by
the JMC and approved by the Secretary. If the non-Tribal commercial
sectors fully harvest this partial interim allocation before the final
TAC is implemented, NMFS will be required to close the Pacific whiting
fishery until such time that the full 2025 season allocation is
implemented. Timely implementation of the full TAC will avoid the need
to close the Pacific whiting fishery if the current interim allocations
are fully harvested.
As the Pacific whiting season is only open from May 1 to December
31, a 30-day delay in the implementation of the full 2025 season
allocations represents a significant operational limitation to the
commercial whiting sectors. If this final rule were delayed by 30 days,
the Pacific whiting commercial sectors would not be able to fish under
the final catch limits for Pacific whiting for that time period, be at
risk of potential premature season closure, and would not be able to
realize the full level of economic opportunity this rule provides. This
rule increases catch limits for Pacific whiting compared to the
restrictive partial interim allocation the fishery is currently
operating under, and NMFS therefore finds good cause to waive the 30-
day delay in the date of effectiveness requirement.
Additionally, many vessels in the Pacific whiting fishery also
participate in the Alaskan pollock fishery. The Alaskan pollock fishery
B-season typically runs from mid-June to mid-November of each year,
overlapping with the May 1 to December 31 Pacific whiting season.
Vessels that participate in both the West Coast Pacific whiting
fishery, and the Alaskan pollock fishery must time operations and
travel between these fisheries. Without having access to their full
2025 Pacific whiting season allocations, fishery participants are
unable to plan the timing of their operations, and are restricted in
their participation in these fisheries for the 2025 season. Issuing
complete 2025 Pacific whiting allocations to quota owners in a timely
fashion ensures they can plan their participation for the year in both
the Pacific whiting and Alaskan pollock fisheries. Implementing this
rule upon the date of publication relieves the limitation in planning
vessel operations and provides the commercial whiting fleet more
opportunity and greater flexibility to harvest the optimal yield.
Waiving the 30-day delay in effectiveness will allow this final rule to
more fully benefit the fishery through increased fishing opportunities
as described in the preamble of this rule.
This rulemaking could not be completed prior to the May 1 start
date of the 2025 Pacific Whiting primary fishing season due to the
timeline required by the Agreement, which resulted in the short time
frame between the approval of the TAC recommendation and the start of
the fishing season. The AP and JMC met in Victoria, British Columbia on
March 11-
[[Page 27264]]
13, 2025, to develop a recommendation for a 2025 coastwide TAC. At this
meeting, the JMC agreed on a TAC recommendation, which was transmitted
to the United States and Canadian Governments on March 13, 2025. In a
written communication to the NMFS West Coast Region on April 1, 2025,
the Department of State concurred with the 2025 TAC recommendation. The
proposed rule was published on April 15, 2025 (90 FR 15675). The
Department of Commerce consulted with the Department of State on the
recommended TAC and concurred with the NMFS West Coast Region on April
17, 2025 to accept the JMC recommended adjusted TAC for 2025. The
public comment period closed on April 30, 2025. The 2025 Pacific
whiting primary fishing season began shortly thereafter on May 1, 2025.
Therefore, NMFS could not issue full season allocations implemented
under this final rule prior to the May 1 start date of the Pacific
whiting fishery.
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. Making
this rule effective immediately would also serve the best interests of
the public because it will allow for the longest possible fishing
season for Pacific whiting and therefore the best possible economic
outcome for those whose livelihoods depend on this fishery.
The Office of Management and Budget has determined that this final
rule is not significant for purposes of Executive Order 12866.
This final rule is not an Executive Order 14192 regulatory action
because this action is not significant under Executive Order 12866.
A range of potential total harvest levels for Pacific whiting has
been considered in the Final Environmental Impact Statement (FEIS) for
Harvest Specifications and Management Measures for 2015-2016 and
Biennial Periods thereafter (2015/16 FEIS), and in the Environmental
Assessment (EA) and the Regulatory Impact Review (RIR) included in the
analytical document for Amendment 30 to the Pacific Coast Groundfish
FMP and 2025-2026 Harvest Specifications and Management Measures. These
documents are available from NMFS (see ADDRESSES). The 2015/16 FEIS
examined the harvest specifications and management measures for 2015-
2016 and gave 10-year projections for routinely adjusted harvest
specifications and management measures. The 10-year projections were
produced to evaluate the impacts of the ongoing implementation of
harvest specifications and management measures and to evaluate the
impacts of the routine adjustments that are the main component of each
biennial cycle. The EA for the 2025-2026 cycle builds on the 2015/16
FEIS and focuses on the harvest specifications and management measures
that were not within the scope of the 10-year projections in the 2015/
16 FEIS.
Final Regulatory Flexibility Analysis
NMFS issued a proposed rule on April 15, 2025 (90 FR 15675) for the
2025 Pacific whiting Tribal allocation and 2025 incidental set-aside.
An Initial Regulatory Flexibility Analysis (IRFA) was prepared and
summarized in the Classification section of the preamble to the
proposed rule. The comment period on the proposed rule closed April 30,
2025. NMFS received two public comments in support of the proposed
rule, and one that was not relevant. The Chief Counsel for Advocacy of
the Small Business Administration (SBA) did not file any comments on
the IRFA or on the proposed rule. 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 FRFA was prepared and
incorporates the IRFA. There were no public comments received on the
IRFA. A copy of the FRFA is available from NMFS (see ADDRESSES). A
summary of the FRFA, per the requirements of 5 U.S.C. 604, follows.
Under the RFA, the term ``small entities'' includes small
businesses, small organizations, and small governmental jurisdictions.
For purposes of complying with the RFA, NMFS has established size
criteria for entities involved in the fishing industry that qualify as
small businesses. A business involved in fish harvesting is a small
business if it is independently owned and operated and not dominant in
its field of operation (including its affiliates) and if it has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide (80 FR 81194, December 29, 2015; 50 CFR
part 200). In addition, the SBA has established size criteria for other
entities that may be affected by this proposed rule. A wholesale
business servicing the fishing industry is a small business if it
employs 100 or fewer persons on a full time, part time, temporary, or
other basis, at all its affiliated operations worldwide (NAICS code
424460; 13 CFR 121.201). A seafood processor is a small business if it
is independently owned and operated, not dominant in its field of
operation, and employs 750 or fewer persons on a full time, part time,
temporary, or other basis, at all its affiliated operations worldwide
(NAICS code 311710; 13 CFR 121.201). For purposes of this rulemaking,
NMFS is also applying the seafood processor standard to C/Ps because
whiting C/Ps earn the majority of the revenue from processed seafood
product.
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 issued a proposed rule on April 15, 2025 (90 FR 15675). The
comment period on the proposed rule closed on April 30, 2025, and NMFS
received three comments. Two of the comments received supported the
action. Neither of those comments provided further recommendations for
changes to the proposed action. The third comment received was not
relevant to this rulemaking.
Description and Estimate of the Number of Small Entities To Which the
Rule Applies
This rule affects how Pacific whiting is allocated to the following
sectors/programs: Tribal, Shorebased IFQ Program Trawl Fishery, MS Co-
op Program Whiting At-sea Trawl Fishery, and C/P Co-op Program Whiting
At-sea Trawl Fishery. The amount of Pacific whiting allocated to these
sectors is based on the U.S. TAC, which is developed and approved
through the process set out in the Agreement and the Whiting Act.
NMFS expects one Tribal entity, the Makah Tribe, to fish for
Pacific whiting in 2025. Tribes are not considered small entities for
the purposes of RFA. Impacts to Tribes are nevertheless considered in
this analysis.
Although there are three non-Tribal sectors directly affected by
this rule (the C/P Co-op Program, the Shorebased IFQ Program, and the
MS Co-op Program), many companies participate in two sectors, and some
participate in all three sectors, as well as other non-whiting
groundfish fisheries. For example, some companies may own permits in
both the C/P and MS sectors, and own vessels capable of operating as
either a C/P or an MS. Depending on the operational needs of the parent
company in a given year, a C/P vessel may be assigned a permit to
alternatively act as an MS. As part of the permit application processes
for the non-Tribal fisheries, NMFS asks permit applicants if they
considered themselves a small business based on a review of the SBA
size criteria and asks
[[Page 27265]]
each permit applicant to provide detailed ownership information. Data
on employment worldwide, including affiliates, are not available for
these companies, which generally operate in Alaska as well as on the
West Coast in non-whiting groundfish fisheries and may have operations
in other countries, as well. NMFS requests that limited entry permit
holders self-report their size status. There is substantial, but not
complete, overlap between permit ownership and vessel ownership, so
there may be a small number of additional small entity vessel owners
who will be impacted by this rule.
The C/P Co-op Program is composed of 10 C/P endorsed permits owned
by 3 companies that have formed a single co-op. This co-op is
considered a large entity both because it has participants that are
large entities and because it has in total more than 750 employees
worldwide including affiliates. For 2025, all 3 owners of the 10 C/P
permits reported that they are not small businesses.
As of January 2025, the Shorebased IFQ Program is composed of 158
Quota Share permits/accounts (120 of which were allocated whiting quota
pounds (54 kilograms) and 39 licensed first receiver sites, of which 7
companies receive whiting. Of these companies that receive whiting, six
are not considered small entities.
The MS Co-op Program is the limited access program that applies to
eligible harvesters and processors in the MS sector of the Pacific
whiting at-sea trawl fishery. In 2025 this program consists of 6 MS
processor permits and a catcher vessel fleet currently composed of a
single co-op with 33 Mothership/Catcher Vessel endorsed permits (with 3
permits each having two catch history assignments). For 2025, 8 permits
in the MS Co-op reported that they are not small businesses.
An Explanation of the Criteria Used To Evaluate Whether the Rule Would
Impose Effects on ``a Substantial Number'' of Small Entities
After accounting for cross-fishery participation, multiple Quota
Share account holders, and affiliation through ownership, NMFS
estimates based on 2025 permit registration and quota share information
that there are 100 non-Tribal entities directly affected by these
regulations, 86 of which are considered small entities. This is
considered a significant number of small entities. This rule is not
expected to result in adverse impacts on small entities, as detailed in
the following sections of this FRFA.
Estimate of Economic Impacts by Entity Size and Industry
The final rule will allocate Pacific whiting between Tribal and
non-Tribal commercial harvesters (a mixture of small and large
businesses). Tribal fisheries consist of a mixture of fishing
activities that are similar to the activities that non-Tribal fisheries
undertake. Tribal harvests may be delivered to both shoreside plants
and motherships for processing. These processing facilities also
process fish harvested by non-Tribal fisheries. The effect of the
Tribal allocation on non-Tribal fisheries will depend on the level of
Tribal harvests relative to their allocation and the reapportionment
process as described in regulations at 50 CFR 660.131(h). If the Tribes
do not harvest their entire allocation, there are opportunities during
the year to reapportion unharvested Tribal amounts to the non-Tribal
commercial fleets.
The prices for Pacific whiting are largely determined by the world
market because most of the Pacific whiting harvested in the United
States is exported. The U.S. Pacific whiting TAC is highly variable, as
is subsequent attainment of sector allocations, and ex-vessel revenues.
For the years 2013 to 2023, the U.S. non-Tribal commercial fishery
sectors averaged harvests of approximately 262,531 mt, and revenues of
$52.7 million annually. The 2024 average ex-vessel price of Pacific
whiting, which was $230.91 per mt. The 2024 U.S. non-Tribal commercial
fishery sectors attained a Pacific whiting catch of approximately
165,061 mt out of a harvest guideline of 337,528 mt (48.9 percent
attainment), resulting in a total revenue of $46.6 million.
Impacts to the U.S. non-Tribal fishery are measured with an
estimate of ex-vessel revenue. The adjusted coastwide TAC of 400,000 mt
results in an adjusted U.S. TAC of 295,520 mt and, after deduction of
the Tribal allocation and the incidental catch set-aside, a U.S. non-
tribal harvest guideline of 243,054 mt. Using the 2024 weighted-average
non-Tribal price of $230.91 per mt, the 2025 adjusted U.S. TAC is
estimated to result in an ex-vessel revenue of $56.12 million for the
U.S. non-tribal fishing fleet if 100 percent harvested. Due to
operational constraints in 2025, the U.S. commercial sectors estimate a
75 percent attainment of the U.S. HG which would result in an ex-vessel
revenue of $42.09 million.
Impacts to Tribal catcher vessels who elect to participate in the
Tribal fishery are measured with an estimate of ex-vessel revenue. In
lieu of more complete information on Tribal deliveries, total ex-vessel
revenue is estimated with the 2024 average ex-vessel price of Pacific
whiting, which was $230.91 per mt. At that price, the 2025 Tribal
allocation of 51,716 mt would potentially have an ex-vessel value of
$11.94 million if fully harvested.
The effect of the Tribal allocation on non-Tribal fisheries will
depend on the level of Tribal harvests relative to their allocation and
the reapportionment process. For example, in 2024 NMFS reapportioned
40,000 mt of the original 71,755.95 mt Tribal allocation (89 FR 84302,
October 22, 2024). The revised Pacific whiting allocations for 2024
following the reapportionment were: Tribal 26,755.95 mt; C/P Co-op
130,059.53 mt; MS Co-op 91,806.73 mt; and Shorebased IFQ Program
160,661.78 mt. Shoreside processors are unlikely to be impacted by
allocating U.S, Pacific whiting TAC between Tribal and non-Tribal
sectors because they can receive and process landings from both Tribal
and non-Tribal catcher vessels.
Regulatory Flexibility Act Determination of No Significant Impact
NMFS has determined this final rule would not have a significant
economic impact on small entities. This rule is similar to previous
rulemakings concerning Pacific whiting. In the context of an
internationally set TAC, this rule concerns the amount of the U.S. TAC
that should be allocated to the Tribal fishery and to a set-aside for
research and bycatch in non-groundfish fisheries, and announces Pacific
whiting allocations for the non-Tribal fishery for 2025. With this
final rule, NMFS, acting on behalf of the Secretary, determined that
the Pacific Coast Groundfish FMP is implemented in a manner consistent
with treaty rights of four Treaty Tribes to fish in their ``usual and
accustomed grounds and stations'' in common with non-tribal citizens
(United States v. Washington, 384 F. Supp. 313 (W.D. Wash. 1974)).
Pacific whiting allocations to the non-Tribal sectors provide
additional economic opportunity to the entities considered in this
analysis to prosecute a quota species within a multi-species groundfish
catch share program. In addition, the reapportioning process allows
unharvested Tribal allocations of Pacific whiting, fished by small
entities, to be fished by the non-Tribal fleets, potentially providing
economic benefits to both large and small entities. NMFS believes this
rule will not adversely affect small entities. Thus, as discussed
above, this action would not have a significant economic impact on
small entities. The TAC recommendation and resulting non-Tribal
commercial sector
[[Page 27266]]
allocations are based on the Treaty-based JMC recommendation and are
non-discretionary, therefore NMFS did not consider any other
alternatives.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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. Stakeholders
subscribed to the Groundfish and Whiting listservs will be sent a
public notice providing links to the final rule and the small entity
compliance guide available from NMFS at the following website: <a href="https://www.fisheries.noaa.gov/action/2025-pacific-whiting-us-total-allowable-catch-2025-tribal-allocation-2025-incidental-set">https://www.fisheries.noaa.gov/action/2025-pacific-whiting-us-total-allowable-catch-2025-tribal-allocation-2025-incidental-set</a>. Stakeholders will
receive the notice without any further action on their end.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian Fisheries.
Dated: June 23, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
660 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)(17) to read as follows:
Sec. 660.50 Pacific Coast treaty Indian fisheries.
* * * * *
(f) * * *
(17) Pacific whiting. The Tribal allocation for 2025 is 51,716 mt,
which is 17.5 percent of the 295,520 mt U.S. TAC.
* * * * *
0
3. Amend Table 1a to part 660, subpart C-2025, Specifications of OFL,
ABC, ACL, ACT and Fishery HG, by revising the entry for ``Pacific
Whiting'' and its footnote to read as follows:
Table 1a to Part 660, Subpart C--2025, Specifications of OFL, ABC, ACL, ACT and Fishery HG
Table 1a. to Part 660, Subpart C--2025, Specifications of OFL, ABC, ACL, ACT and Fishery HG (Weights in Metric
Tons). Capitalized stocks are rebuilding.
----------------------------------------------------------------------------------------------------------------
Stocks Area OFL ABC ACL \a\ Fishery HG \b\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Pacific Whiting \d\.......... Coastwide....... 560,742 (\d\) (\d\) 243,054 (\d\)
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
\d\ Pacific hake/whiting. The 2025 OFL of 560,742 mt is based on the 2025 assessment with an F-40 percent of
FMSY proxy. The 2025 coastwide adjusted Total Allowable Catch (TAC) is 400,000 mt. The U.S. TAC is 73.88
percent of the coastwide TAC. The 2025 adjusted U.S. TAC is 295,520 mt. From the U.S. TAC, 51,716 mt is
deducted to accommodate the Tribal fishery, and 750 mt is deducted to accommodate research and bycatch in
other fisheries, resulting in a 2025 non-Tribal fishery HG of 243,054 mt. The TAC for Pacific whiting is
established under the provisions of the Agreement between the Government of the United States of America and
the Government of Canada on Pacific Hake/Whiting of 2003 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.
* * * * *
0
4. Amend Table 1b to part 660, subpart C, by revising the entry for
``Pacific Whiting'' to read as follows:
Table 1b. to Part 660, Subpart C--2025, Allocations by Species or Species Group
Table 1b to Part 660, Subpart C--2025, Allocations by Species or Species Group [Weight in Metric Tons]
----------------------------------------------------------------------------------------------------------------
Trawl Non-trawl
Stocks/stock complexes Area Fishery HG or ---------------------------------------
ACT \a\ \b\ % Mt % Mt
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Pacific whiting................... Coastwide........... 243,054 100 243,054 0 0
* * * * * * *
----------------------------------------------------------------------------------------------------------------
0
5. In Sec. 660.140, amend table 1 to paragraph (d)(1)(ii)(D) by
revising the entry for ``Pacific Whiting'' to read as follows:
Sec. 660.140 Shorebased IFQ Program.
* * * * *
(d) * * *
(1) * * *
(ii) * * *
(D) * * *
[[Page 27267]]
Table 1 to Paragraph (d)(1)(ii)(D)--Shorebased Trawl Allocations for 2025 and 2026
----------------------------------------------------------------------------------------------------------------
2025 Shorebased 2026 Shorebased
IFQ species Area trawl allocation trawl allocation
(mt) (mt)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Pacific whiting \a\....................... Coastwide................... 102,082.68 TBD
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Managed through an annual international process. These allocations will be updated when announced.
[FR Doc. 2025-11726 Filed 6-25-25; 8:45 am]
BILLING CODE 3510-22-P
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