Proposed Rule2026-04472
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2026 Pacific Whiting Harvest Specifications, 2026 Tribal Allocation, and 2026 Incidental Set-Aside
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
March 6, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues this proposed rule to establish the 2026 Tribal allocation of Pacific whiting and set-aside of Pacific whiting for research and incidental mortality in non-groundfish fisheries. The proposed 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 91 Issue 44 (Friday, March 6, 2026)</title>
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[Federal Register Volume 91, Number 44 (Friday, March 6, 2026)]
[Proposed Rules]
[Pages 11022-11027]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04472]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 260302-0059]
RIN 0648-BO33
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2026 Pacific Whiting Harvest
Specifications, 2026 Tribal Allocation, and 2026 Incidental Set-Aside
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS issues this proposed rule to establish the 2026 Tribal
allocation of Pacific whiting and set-aside of Pacific whiting for
research and incidental mortality in non-groundfish fisheries. The
proposed 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: Comments on this proposed rule must be received no later than
March 23, 2026.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-1466">https://www.regulations.gov/docket/NOAA-NMFS-2025-1466</a>. You may
submit comments on this document, identified by NOAA-NMFS-2025-1466, by
the following method:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type ``NOAA-NMFS-2025-1466'' in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
Background information for this action and analytical documents for
the Regulatory Flexibility Act (RFA) are available at the NMFS West
Coast Region website Pacific Whiting Treaty Rules and Notices at
<a href="https://www.fisheries.noaa.gov/west-coast/laws-policies/pacific-whiting-treaty-rules-and-notices">https://www.fisheries.noaa.gov/west-coast/laws-policies/pacific-whiting-treaty-rules-and-notices</a>.
NEPA documents for this and other 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>.
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, 206-526-4656,
<a href="/cdn-cgi/l/email-protection#d695b9babfb8f885b7afa4b396b8b9b7b7f8b1b9a0"><span class="__cf_email__" data-cfemail="490a26252027671a28303b2c0927262828672e263f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
Under the authority of the Pacific Coast Groundfish Fishery
Management Plan (FMP), section 305(d) of the Magnuson-Stevens Fishery
Conservation and Management Act (MSA), the Pacific Whiting Act of 2006,
and other applicable laws, NMFS proposes to implement a Tribal Pacific
whiting allocation based on a percentage of the recommended U.S. total
allowable catch (TAC) of Pacific whiting and a set-aside for research
and incidental mortality in non-groundfish fisheries. The 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 the set-aside for research and incidental mortality
in non-groundfish fisheries, would be effective until December 31,
2026.
Pacific Whiting Agreement
The transboundary stock of Pacific whiting is managed through the
Agreement Between the Government of
[[Page 11023]]
the United States of America and the Government of Canada on Pacific
Hake/Whiting of 2003 (Agreement). The Agreement establishes bilateral
management bodies to implement the terms of the Agreement, including
the Joint Management Committee (JMC), which recommends the annual catch
level for Pacific whiting.
In addition to the JMC, the Agreement establishes several other
bilateral management bodies to set whiting catch levels: 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 spawning
biomass of Pacific whiting to 40 percent of the estimated unfished
level. The Agreement also allocates 73.88 percent of the Pacific
whiting TAC to the United States and 26.12 percent of the TAC to
Canada. Based on recommendations from the JTC, SRG, and AP, the JMC
determines the overall Pacific whiting TAC by March 25 of each year.
NMFS, under the delegation of authority from the Secretary of Commerce,
in consultation with the Secretary of State, has the authority to
accept or reject this recommendation. Under the MSA and consistent with
the Pacific Coast Groundfish FMP, NMFS allocates the recommended U.S.
TAC between the Tribal sector and non-Tribal commercial sectors.
Tribal Allocation
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.
Tribal allocations of Pacific whiting have been based on
discussions with the Treaty Tribes regarding their intent to fish. The
Hoh Tribe has not expressed an interest in participating in the Pacific
whiting fishery to date. The Quileute Tribe and the Quinault Indian
Nation have expressed interest in beginning to participate in the
Pacific whiting fishery at a future date. To date, only the Makah Tribe
has prosecuted a Tribal fishery for Pacific whiting and has harvested
Pacific whiting since 1996 using midwater trawl gear. Table 1 below
provides a recent history of U.S. TACs and annual Tribal allocation in
metric tons (mt).
Table 1--U.S. Total Allowable Catch and Annual Tribal Allocation for
2015-2025
[mt]
------------------------------------------------------------------------
Tribal
Year U.S. TAC allocation
(mt) (mt)
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2015............................................ 325,072 56,888
2016............................................ 367,553 64,322
2017............................................ 441,433 77,251
2018............................................ 441,433 77,251
2019............................................ 441,433 77,251
2020............................................ 424,810 74,342
2021............................................ 369,400 64,645
2022............................................ 402,646 70,463
2023............................................ 461,750 80,806
2024............................................ 410,034 71,755
2025............................................ 295,520 51,716
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In 2009, NMFS, the States of Washington and Oregon, and the Treaty
Tribes started a process to determine the long-term Tribal allocation
for Pacific whiting. However, they have not yet determined a long-term
allocation. This rule proposes the 2026 Tribal allocation of Pacific
whiting. This allocation does not represent a long-term allocation and
is not intended to set precedent for future allocations.
In exchanges between NMFS and the Treaty Tribes during in late
2025, the Makah Tribe indicated their intent to participate in the
Tribal Pacific whiting fishery in 2026. The Quinault Indian Nation, the
Quileute Indian Tribe and the Hoh Indian Tribe informed NMFS that they
will not participate in the 2026 fishery. Only the Makah Indian Tribe
indicated its intent to fish and requested 17.5 percent of the U.S.
Pacific whiting TAC, which is identical to the Tribal allocation
percentage implemented in previous years. NMFS proposes an allocation
that accommodates the Tribal request for 17.5 percent of the 2026 U.S.
TAC.
The JMC is anticipated to recommend the coastwide and corresponding
United States/Canada TACs no later than March 25, 2026. The U.S. TAC is
73.88 percent of the coastwide TAC. Until this TAC is set, NMFS cannot
propose a specific amount for the Tribal allocation. The Pacific
whiting fishery begins on May 1, and we expect to publish the final
rule to set Pacific whiting specifications for 2026 by early May.
Therefore, to allow for public input on the Tribal allocation, NMFS is
issuing this proposed rule without the final 2026 TAC. However, to
provide a basis for public input, NMFS is describing a range of
potential Tribal allocations in this proposed rule by applying the
proposed Tribal allocation to a range of potential TACs derived from
past harvest levels.
In order to project a range of potential Tribal allocations for
2026, we applied the proposed Tribal allocation of 17.5 percent to the
range of U.S. TACs over the last 10 years, 2015 through 2025 (plus or
minus 15 percent to capture variability in recommended TAC). The range
of U.S. TACs in the past 10 years period was a minimum of 295,520 mt
(2025) to a maximum of 461,750 mt (2023). The maximum change in U.S.
TAC in the last 5 years was a 28 percent decrease between 2024 and 2025
(461,750 to 295,520 mt), and a 20 percent increase between the years
2016 and 2017 (402,646 to 461,750 mt). Despite this range, in 8 of the
last 10 years the TAC varied by less than 15 percent. Applying a 15
percent variability results in a range of potential TACs between
251,192 and 531,012 mt for 2026. Using the proposed Tribal allocation
of 17.5 percent, the potential range of the Tribal allocations for 2026
would be between 43,958 and 92,927 mt. NMFS proposes to implement this
action pursuant to regulations at 50 CFR 660.50.
Set-Aside 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 based
on estimates of scientific research catch and estimated bycatch
mortality in non-groundfish fisheries. Due to the lapse in government
funding from October 1 to November 14, 2025, the Council was unable to
provide a recommendation on a 2026 set-aside. NMFS would implement a
research and incidental mortality set-aside of 750 mt of Pacific
whiting for 2026, which is the same amount recommended by the
[[Page 11024]]
Council from 2021 to 2025. NMFS proposes to implement this set-aside
pursuant to regulations 50 CFR 660.55(j).
In addition to the Tribal allocation and research and incidental
catch set-aside, each year NMFS establishes the U.S. TAC and non-Tribal
fishery harvest guideline (HG) 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 2026 non-Tribal fishery HG, the 2026 Tribal allocation and 2026
set-aside for research and incidental mortality are deducted from the
total U.S. TAC. 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 TAC recommendation and
resulting non-Tribal commercial sector allocations are based on the
Treaty-based JMC recommendation and are non-discretionary. The HG is
not included in this proposed rule because NMFS, under the delegation
of authority from the Secretary of Commerce and with concurrence from
the Department of State, must approve or disapprove the overall TAC
recommended by the JMC at a mid-March meeting. As such, NMFS is issuing
this proposed rule before setting the HG and non-Tribal allocations in
order to provide for public comment during a compressed rulemaking
schedule prior to the fishery's opening on May 1.
Classification
This proposed rule would be implemented under the statutory and
regulatory authority of section 305(d) of the MSA, the Pacific Whiting
Act of 2006, the regulations governing the groundfish fishery at 50 CFR
660.5 through 660.360, and other applicable laws. NMFS is using section
305(d) of the MSA for the Tribal allocation and set-aside because in a
previous action taken pursuant to section 304(b), the FMP and its
implementing regulations authorize NMFS to take action pursuant to MSA
section 305(d). The NMFS Assistant Administrator has determined that
this proposed rule is consistent with sections 305(d) of the MSA, the
Pacific Whiting Act of 2006, the regulations governing the groundfish
fishery at 50 CFR 660.5 through 660.360, and other applicable laws,
subject to further consideration after public comment. Additionally,
pursuant to MSA 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 proposed rule, NMFS
would 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)).
NMFS notes that the public comment period for this proposed rule is
15 days. Finalizing the Pacific whiting harvest specifications close to
the start of the Pacific whiting fishing season on May 1 provides the
industry with more time to plan and execute the fishery and gives them
earlier access to the finalized allocations of Pacific whiting. A 15-
day comment period best balances the interest in allowing the public
adequate time to comment on the proposed measures with the benefits of
implementing the set-aside management measures and setting Pacific
whiting allocations in a timely manner. Although the non-Tribal
allocations are not included in this proposed rule, those allocations
are non-discretionary pursuant to the regulations governing the
groundfish fishery at 50 CFR 660.55(i)(2). Timely implementation of
this action will ensure the Tribal and non-Tribal commercial fishery
sectors receive their full Pacific whiting allocations with sufficient
time to maximize catch attainment within their respective fisheries
during the 2026 whiting season. In making its final determination, NMFS
will take into account the complete record, including comments received
during the comment period for this proposed rule.
Pursuant to Executive Order 13175, this proposed rule was developed
after meaningful consultation and collaboration with Tribal officials
from the area covered by the FMP. Under the MSA at 16 U.S.C.
1852(b)(5), 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,
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. The Tribal
management measures in this proposed rule have been developed following
these procedures.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866. This proposed rule is not an
Executive Order 14192 regulatory action because this rule 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 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 included in the analytical
document for Amendment 33 to the Pacific Coast Groundfish FMP and 2025-
2026 Harvest Specifications and Management Measures. These documents
are available from NMFS (see ADDRESSES section).
NMFS prepared an FEIS for FMP Amendment 24; a notice of
availability was published on January 16, 2015 (80 FR 2414). 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 environmental assessment 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.
An Initial Regulatory Flexibility Analysis (IRFA) was prepared for
this action, as required by section 603 of the RFA. The IRFA describes
the economic impact this proposed rule, if adopted, would have on small
entities. A description of the action, why it is being considered, and
the legal basis for this action is contained in the SUPPLEMENTARY
INFORMATION section of the preamble. A summary of the IRFA follows.
Copies of the IRFA are available from NMFS (see ADDRESSES section).
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
[[Page 11025]]
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 Small Business
Administration 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 (North American Industry
Classification System (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.
Description of Small Entities, and Estimate of Economic Impacts
This proposed 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.
We expect one Tribal entity, the Makah Tribe, to fish for Pacific
whiting in 2026. 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 Small
Business Administration size criteria and asks 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 2026, the Shorebased IFQ Program is composed of 158
Quota Share permits/accounts (120 of which were allocated whiting quota
pounds) and 39 licensed first receiver sites, of which 7 companies
receive whiting. Of these companies that receive whiting, 6 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 2026, 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 2 catch history assignments). For 2026, 8 permits
in the MS Co-op reported that they are not small businesses.
After accounting for cross-fishery participation, multiple Quota
Share account holders, and affiliation through ownership, NMFS
estimates based on 2026 permit registration and quota share information
that there are 100 non-Tribal entities directly affected by these
proposed regulations, 86 of which are considered small entities.
This proposed rule, if adopted, 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. For example, in 2025 NMFS reapportioned 41,716 mt of
the original 51,716 mt Tribal allocation. This reapportionment was
based on conversations with the Tribes and the best information
available at the time, which indicated that this amount would not limit
Tribal harvest opportunities for the remainder of the year. The
reapportionment process allows unharvested Tribal allocations of
Pacific whiting to be fished by the non-Tribal fleets, benefitting both
large and small entities. The revised Pacific whiting allocations for
2025 following the reapportionment were: Tribal, 10,000.00 mt; C/P Co-
op, 96,821.80 mt; MS Co-op, 68,344.80 mt; and Shorebased IFQ Program,
119,603.40 mt. 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 are subsequent attainment of sector allocations and ex-
vessel revenues.
Complete 2025 landing and revenue data for the commercial whiting
sectors were unavailable at the time of publication of the IRFA. For
the years 2014 to 2024, the U.S. non-Tribal commercial fishery sectors
averaged harvests of approximately 265,192.73 mt, and revenues of $51.6
million annually. As of December 9, 2025, the 2025 U.S. non-Tribal
commercial fishery sectors attained a Pacific whiting catch of
approximately 237,595.3 mt out of a harvest guideline of 243,054 mt
(97.75 percent attainment), resulting in a total revenue of $60.78
million. The Tribal fishery landed 1,082.6 mt out of the 2025 Tribal
allocation of 51,716 mt. 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 2025 average
ex-vessel price of Pacific whiting, which was $255.84 per mt. At
[[Page 11026]]
that price, the proposed 2025 Tribal allocation (potentially 43,958.60-
92,927 mt) would have an ex-vessel value between $11.24 and $23.77
million.
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.
Data used to inform this analysis come primarily from PacFIN, which
includes data provided by the states of Oregon, California, and
Washington on commercial whiting fishing trips and landings. Other data
sources include the West Coast Economic Data Collection Program, the
West Coast Region permit database, and the West Coast Region Individual
Fishing Quota Account public database. The number of entities predicted
to be impacted is generally based on the level of participation in the
previous year (2025) and, as noted above, is in some cases likely to be
an overestimate of the true number of entities likely to be impacted if
current trends continue. However, it is possible that as environmental
or management conditions change in other fisheries this will impact the
level of participation in the groundfish fishery beyond what is
predicted here.
Significant Alternatives to the Proposed Rule
For the Pacific whiting Tribal allocation, and set-aside for
research and incidental mortality NMFS considered two alternatives: the
``No Action'' alternative and the ``Proposed Action'' alternative.
NMFS did not consider a broader range of alternatives to the
proposed Tribal allocation because the Tribal allocation is a
percentage of the U.S. TAC and is based primarily on the requests of
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 which NMFS must legally allow them to harvest.
Under the Proposed Action alternative, NMFS would set the Tribal
allocation percentage at 17.5 percent, as requested by the Makah Tribe.
Using the proposed Tribal allocation of 17.5 percent and the potential
range of U.S. TACs for 2025 would yield a Tribal allocation of between
43,958 and 92,927 mt. Consideration of a percentage lower than the
Tribal request of 17.5 percent is not appropriate in this instance.
NMFS has historically supported the harvest levels requested by the
Tribe. Based on the information available to NMFS, the Tribal request
is within their Tribal treaty rights. A higher percentage would
arguably also be within the scope of the treaty right. However, a
higher percentage would unnecessarily limit the non-Tribal fishery, and
the proposed percentage is consistent with the Tribe's request.
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 2026, 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 2026, this No Action alternative for
allocation to the Tribal sector received no further consideration.
For the set-aside for research and incidental mortality, the No
Action alternative would mean that NMFS would not implement the set-
aside amount of 750 mt recommended by the Council. Not implementing the
set-aside of the U.S. whiting TAC would mean incidental mortality of
the fish in research activities and non-groundfish fisheries would not
be accommodated. This would be inconsistent with the Council's
recommendation, the FMP, the regulations setting the framework
governing the groundfish fishery, and NMFS' responsibility to manage
the fishery and prevent overfishing. Therefore, the No Action
alternative for the set-aside received no further consideration.
There are no significant alternatives to the proposed action to
accomplish the objectives of applicable statutes and minimize any
significant economic impact on small entities.
RFA Determination of No Significant Impact
NMFS considers two criteria in determining the significance of
adverse regulatory effects, disproportionality, and profitability.
Disproportionality: This criterion compares the effect of the
regulatory action between small and large entities. This action will
not disproportionally impact small entities more than large entities.
These regulations are related to harvest specifications, the proportion
of Tribal and non-Tribal sector allocations are not impacted by the
annual recommendation of the Pacific Whiting TAC recommendation.
Allocation proportions are fixed within the groundfish FMP framework,
and regulations governing the Trawl Catch Share Program.
Profitability: There are no major compliance costs to entities
associated with this rule anticipated for the 2026 primary whiting
season. This action is not expected to significantly impact the
profitability of small or large entities; quota of Pacific whiting is
allocated according to the regulations governing the Trawl Catch Share
Program; unused Tribal quota is reapportioned to the non-Tribal sectors
each year to provide additional economic opportunity; Tribal catch may
be delivered to both Tribal and non-Tribal processors.
This proposed rule is similar to previous rulemakings concerning
Pacific whiting and concerns the amount of the U.S. TAC that should be
allocated to the Tribal fishery and a set-aside for research and
bycatch in non-groundfish fisheries for 2026. Following a coastwide TAC
recommendation, Pacific whiting allocations to the non-Tribal sectors
are expected 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. Based on the analysis above, this proposed rule, if
finalized, would not adversely affect small entities and would not have
a significant economic impact on small entities. Nonetheless, NMFS has
prepared an IRFA and is requesting comments on this analysis.
NMFS has prepared the IRFA, as described above, and is requesting
comments on this conclusion (see ADDRESSES section).
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
No Federal rules have been identified that duplicate, overlap, or
conflict with this action.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: March 2, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 660 as follows:
[[Page 11027]]
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 2026 is 17.5
percent of the U.S. TAC.
* * * * *
0
3. Amend table 2a to part 660, subpart C--2026, and Beyond,
Specifications of OFL, ABC, ACL, ACT, and Fishery HG, by revising the
entry for ``Pacific Whiting'' and its footnote to read as follows:
Table 2a to Part 660, Subpart C--2026, and Beyond, 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........... (\d\) (\d\) (\d\) (\d\)
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
\d\ Pacific whiting are assessed annually. The final specifications will be determined consistent with the
United States-Canada Pacific Whiting Agreement. The U.S. TAC is 73.88 percent of the coastwide TAC. From the
U.S. TAC, 17.5 percent is deducted to accommodate the Tribal fishery, and 750 mt is deducted to accommodate
research and bycatch in other fisheries.
* * * * * * *
[FR Doc. 2026-04472 Filed 3-5-26; 8:45 am]
BILLING CODE 3510-22-P
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