Rule2026-09293
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
May 11, 2026
Effective
May 11, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule announces the 2026 U.S. total allowable catch (TAC) of Pacific whiting and implements the domestic 2026 harvest specifications for Pacific whiting fisheries off the coasts of Washington, Oregon, and California (collectively, the West Coast), including the 2026 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 91 Issue 90 (Monday, May 11, 2026)</title>
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[Federal Register Volume 91, Number 90 (Monday, May 11, 2026)]
[Rules and Regulations]
[Pages 25511-25520]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09293]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 260504-0123]
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: Final rule.
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SUMMARY: This final rule announces the 2026 U.S. total allowable catch
(TAC) of Pacific whiting and implements the domestic 2026 harvest
specifications for Pacific whiting fisheries off the coasts of
Washington, Oregon, and California (collectively, the West Coast),
including the 2026 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
[[Page 25512]]
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 May 11, 2026.
ADDRESSES: 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,
including a copy of the Final Regulatory Flexibility Act (FRFA) 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, phone: 206-526-4656, and
email: <a href="/cdn-cgi/l/email-protection#11527e7d787f3f4270686374517f7e70703f767e67"><span class="__cf_email__" data-cfemail="b6f5d9dadfd898e5d7cfc4d3f6d8d9d7d798d1d9c0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This final rule announces the 2026 U.S. TAC
for Pacific whiting (also called hake), determined under 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 the 2026 Tribal allocation based on a
percentage of the recommended 2026 U.S. TAC of Pacific whiting, a set-
aside for research and incidental mortality in non-groundfish
fisheries, and the 2026 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), section 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 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, 2026.
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 March 6, 2026 (91 FR 11022) 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.
2026 TAC Recommendation and Approval
The JMC reviewed the advice of the JTC, the SRG, and the AP, and
met from February 24-26, 2026, in Seattle, Washington. The JMC agreed
on a recommended adjusted coastwide TAC of 380,000 metric tons (mt) of
Pacific whiting, which resulted in an adjusted U.S. TAC of 280,744 mt
for 2026. The JMC then transmitted the TAC recommendation 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 2026 stock assessment and other relevant
scientific information, the JMC did not use the F-40 default harvest
rate. Instead, a more conservative approach was agreed upon.
There were four key reasons for choosing a TAC below the default
harvest rate: (1) due to data processing delays resulting from the 2025
government shutdown, the most recent acoustic-trawl survey and fishery
age-composition data were not available in time to be incorporated into
the assessment model, and as a result the 2026 whiting stock assessment
needed to utilize a simplified ``catch-only'' model, creating
additional statistical uncertainty; (2) the biomass estimate from the
2025 acoustic survey is the lowest in the time series, with the prior
survey biomass estimate from 2023 being the third lowest; (3) the
whiting stock continues to contract further south, but it is unclear
whether this shift is because the population is stable in size but
shifting south overall, or if the population is shrinking and
condensing into a more central location; and (4) the continued lack of
whiting available in Canadian waters and northern U.S. waters has led
to exceptionally low catch attainment in Canada (3 percent in 2024 and
4 percent in 2025) and by the U.S. Tribal fisheries (6 percent in 2024
and 5 percent in 2025), which is evidence of a possible contraction of
the population to a smaller, southern area of the U.S. waters.
The JMC concluded that these factors warranted setting the 2026
coastwide TAC below the 2025 coastwide adjusted TAC of 400,000 metric
tons (mt), and lower than the level that would result from application
of the F-40 default harvest rate. The JMC decided that an adjusted 2026
TAC of 380,000 mt recognized the increased scientific uncertainty on
stock status, while also allowing the potential for economic benefits
for coastal communities. This conservative approach 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 exceed 15 percent of a party country's
unadjusted TAC for the year in which the shortfall occurred. In 2025,
neither country fully attained their respective TACs. The percentage of
the U.S. TAC attained for 2025 is detailed in the Final Regulatory
Flexibility Analysis (FRFA) (see the ADDRESSES section), which is
summarized in the Classification section below.
For the 2026 Pacific whiting fishery, the JMC recommended an
unadjusted coastwide TAC of 330,654 mt. Based on Article III.2. of the
Agreement, the Canadian share of the unadjusted coastwide TAC is 26.12
percent (86,367 mt) and the U.S. share is 73.88 percent (244,287 mt).
Consistent with Article II.5.(b) of the Agreement, an adjustment
(carryover from 2025) of 12,889 mt (15 percent of the 2025 unadjusted
[[Page 25513]]
Canadian TAC of 85,928 mt) is added to the Canadian share, for an
adjusted Canadian TAC of 99,256 mt. In the same manner, an adjustment
of 36,457 mt (15 percent of the 2025 unadjusted US TAC of 243,045 mt)
is added to the United States share, for an adjusted United States TAC
of 280,744 mt. This results in a coastwide adjusted TAC of 380,000 mt
for 2026.
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 24, 2026. The U.S. Department of State
concurred with the TAC recommendation for U.S. fisheries on April 1,
2026. NMFS, under delegation of authority from the Secretary of
Commerce (Secretary), approved the TAC recommendation for U.S.
fisheries on April 13, 2026.
This final rule announces the adjusted coastwide TAC of 380,000 mt
and an adjusted U.S. TAC of 280,744 mt.
Tribal Allocations
This final rule establishes the Tribal allocation of Pacific
whiting for 2026. 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)--
have treaty rights to 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 March 6, 2026 (91 FR 11022), NMFS
described the Tribal allocation as 17.5 percent of the U.S. TAC, and
projected a range of potential Tribal allocations for 2026 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 2026 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 43,958 mt and 92,927 mt. Applying the approach
described in the proposed rule, NMFS is establishing the 2026 Tribal
allocation of 49,130.20 mt in this final rule, which is 17.5 percent of
the adjusted U.S. TAC of 280,744 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
rights. 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. Under
this final rule, NMFS will implement a 750 mt research and incidental
mortality set-aside of Pacific whiting for 2026, which is the same
amount set from 2021 to 2025. In November 2024, the Council last
provided a recommendation for a continued 750 mt set-aside and
considered the historical average annual catch of whiting resulting
from research activity and incidental catch in non-groundfish pink-
shrimp trawl fisheries. The annual average catch was 365 mt for
research and 228 mt for incidental catch in the pink shrimp fishery,
for an average annual total of 593 mt for 2011 through 2023. Research
and incidental catch in this time period ranged from a low total of 22
mt in 2022, and a high total of 883 mt in 2021. The Council determined
a set-aside of 750 mt is sufficient to accommodate mortality of Pacific
whiting resulting from research and incidental catch in non-groundfish
fisheries.
Under this final rule, NMFS will implement a 750 mt set-aside
pursuant to section 305(d) of the MSA and regulations at 50 CFR
660.55(j). The regulations at 50 CFR 660.55(j) were implemented under a
prior action taken under Section 304(b) of the MSA and authorize NMFS
to take this action.
Non-Tribal Harvest Guideline and Allocations
This final rule establishes the fishery HG (i.e., the non-Tribal
allocation) and non-Tribal commercial sector allocations for Pacific
whiting for 2026. As explained in the proposed rule, 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, and with the concurrence of the U.S. Department
of State, approved the U.S. TAC for Pacific whiting on April 13, 2026,
which was after the publication of the proposed rule. 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 the fishery, which opens 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 2026 non-Tribal
fishery HG, the 2026 Tribal allocation of 49,130.20 mt, and the 750 mt
set-aside for research and incidental mortality are deducted from the
total adjusted U.S. TAC of 280,744 mt, resulting in a fishery HG of
230,863.80 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
(78,493.69 mt for 2026), the MS Co-op Program is allocated 24 percent
(55,407.31 mt for 2026), and the Shorebased IFQ Program is allocated 42
percent (96,962.80 mt for 2026). These commercial sector allocations
are summarized in table 1 below. The non-Tribal Pacific whiting fishery
south of 42[deg] N lat. may not take more than 4,848.14 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.
[[Page 25514]]
Table 1--2026 U.S. Pacific Whiting Allocations in Metric Tons
------------------------------------------------------------------------
2026
Pacific
Sector whiting
allocation
(mt)
------------------------------------------------------------------------
Tribal..................................................... 49,130.20
Catcher/Processor (C/P) Co-op Program...................... 78,493.69
Mothership (MS) Co-op Program.............................. 55,407.31
Shorebased IFQ Program..................................... 96,962.80
------------------------------------------------------------------------
Comments and Responses
NMFS issued a proposed rule on March 6, 2026 (91 FR 11022). The
comment period on the proposed rule closed March 23, 2026. NMFS
received 12 comments from three individuals during the comment period.
NMFS received one comment from a college student as part of a class
assignment expressing support for preventing overfishing, and one
anonymous comment expressing personal beliefs opposing the consumption
of seafood.
NMFS received ten comments, on various topics, from one member of
the public, as set forth below.
Comment 1: The proposed rule would benefit from correcting several
numerical elements. The rule states that the U.S. TAC decreased by 28
percent between 2024 and 2025 (461,750 mt to 295,520 mt), but the
actual decrease is about 36 percent (166,230/461,750).
Response: The 2023 U.S. TAC was 461,750 mt, the 2024 U.S. TAC was
410,034 mt, and the 2025 U.S. TAC was 295,520 mt. The change in TAC
from 2024 to 2025 was 410,034 to 295,520 mt which is a change of 28
percent from 2024 to 2025. The 2023 TAC was the highest in the last 10
years, and the 2025 TAC is the lowest in 10 years. There is a 36
percent decrease between these two TACs. But the difference between the
two most recent year TACs (2024 and 2025) is 28 percent. These TAC
values are included in Table 1 (U.S. Total Allowable Catch and Annual
Tribal Allocation for 2015-2025 (mt)) of the proposed rule. However,
NMFs noted two technical errors in a sentence of the economic analysis
where a TAC of 461,750 mt was incorrectly used for the years 2024 and
2017, and should be corrected to read as follows: ``The maximum change
in U.S. TAC in the last 5 years was a 28 percent decrease between 2024
and 2025 (410,034 to 295,520 mt), and a 20 percent increase between the
years 2016 and 2017 (402,646 to 441,433 mt).''
Comment 2: The justification for applying a <plus-minus>15 percent
variability range to project the 2026 TAC is unclear, given that the
rule itself acknowledges historical variability--such as the recent 36
percent drop--well above 15 percent. A clearer explanation or
adjustment of the variability range would strengthen the projection.
Additionally, given the increasing climate-driven variability in
Pacific whiting recruitment and biomass, it would also be useful for
NMFS to explain whether environmental factors were considered when
evaluating the TAC volatility and the <plus-minus>15 percent projection
range.
Response: At the time of submission of the proposed rule for
publication, the U.S. TAC was not known so NMFS used the U.S. TACs over
the last 10 years plus or minus 15 percent change as a plausible range
for potential TACs. In the last 10 years, the U.S. TAC has changed by
an average of plus or minus 14.2 percent between each year. The 2026
U.S. TAC of 280,744 mt is within the 251,192 to 531,012 mt range used
in the proposed rule. Therefore, the range of U.S. TACs over the last
10 years plus or minus 15 percent represents a reasonable range of
likely TACs for the purpose of the rulemaking. The U.S. TAC is the
decision of the Agreement's JMC & AP and is made through rigorous
review of best available scientific information, including
consideration of environmental factors provided by the Agreement's JTC
and SRG, namely the Annual Status of the Stock of Pacific Whiting, the
annual SRG report, as well as other relevant commercial catch data, and
acoustic survey results. NMFS agrees that the U.S. TAC has varied over
the last 10 years and NMFS may consider using a different range (e.g.,
plus or minus 25 percent) to project a range of potential Tribal
allocations in future rulemakings.
Comment 3: The proposed rule maintains a 750 mt set-aside for
research and incidental mortality. Although U.S. incidental mortality
remains relatively constant regardless of total biomass and harvest
levels, the TAC has experienced significant downward volatility (36
percent in the most recent cycle). As a result, a fixed set-aside
represents an increasing proportional burden on the commercial fishery.
NMFS should clarify why a fixed tonnage is preferred over a percentage-
based approach, or provide data showing that, under 50 CFR 660.55(i),
NMFS may adjust set-asides as needed. Referencing this authority would
clarify whether a fixed or Proportional approach is more appropriate.
Additionally, given the increasing climate-driven variability in
Pacific whiting recruitment and biomass, it would also be useful for
NMFS to explain whether environmental factors were considered when
evaluating the fixed 750 mt incidental set-aside.
Response: Set asides for research and incidental catch of
groundfish, including whiting, are intended to account for projected
scientific research catch and estimates of fishing mortality in non-
groundfish fisheries (50 CFR 660.55(b)). These set asides are not
intended to be set proportional to the TAC or annual catch limit but
rather are developed to accommodate the amount of anticipated catch of
whiting by research activities or in other fisheries (e.g., the
directed pink shrimp trawl fisheries) during the fishing year.
Additionally, the set-aside is not set using an explicit exploration of
environmental factors specific to set-asides, but any influence of
environmental factors on incidental catch of whiting in other fisheries
would be included in determining an appropriate set-aside value. Since
2021, the Council has recommended and NMFS has implemented a fixed 750
mt set-aside. The Council's Groundfish Management Team, and Groundfish
Advisory Panel recommended a 750 mt set aside, which was supported by
the Scientific, and Statistical Committee because it is consistent with
on-going scientific research activity mortality of whiting and with
estimates of whiting mortality in non-groundfish fisheries based on
historical catch and projected fishing activities. The Council provided
its most recent recommendation of 750 mt in November 2024 for the 2025
fishing year. They considered the historical average annual catch of
whiting resulting from research activity and incidental catch in non-
groundfish pink-shrimp trawl fisheries. The annual average catch was
365 mt for research and 228 mt incidental catch in the pink shrimp
fishery, for a total of 593 mt for 2011 through 2023. Research and
incidental catch in this time period ranged from a low total of 22 mt
in 2022, and a high total of 883 mt in 2021. (Council Briefing Book
Agenda Item I.6, Attachment 1, November 2024.). Therefore, NMFS
maintains that the recommendation of a fixed amount of 750 mt (rather
than a percentage) is the most appropriate approach for determining the
annual research and incidental set-aside without burdening the
commercial whiting sectors.
Comment 4: The proposed rule notes that the Makah Tribe harvested
about 1,082.6 mt of its 51,716 mt allocation in 2025, or roughly 2
percent. While NMFS did perform a reapportionment of unharvested Tribal
whiting to non-tribal sectors in late 2025, additional explanation for
why the 17.5 percent
[[Page 25515]]
allocation remains appropriate for 2026--despite significant historical
under-harvest and non-participation by the other three Tribes--would
strengthen the rationale for maintaining the same percentage.
Response: Four Washington coastal treaty Indian Tribes, the Makah
Indian Tribe, the Quileute Indian Tribe, the Quinault Indian Nation,
and the Hoh Indian Tribe have treaty rights to harvest groundfish in
their usual and accustomed (U&A) fishing areas. In 1994, the United
States formally recognized that these four Washington coastal treaty
Indian tribes have treaty rights to fish for groundfish, including
Pacific whiting, in the Pacific Ocean, and concluded that, in general
terms, the quantification of those rights is 50 percent of the
harvestable surplus of groundfish that pass through the tribes U&A
fishing areas. These treaty rights are implemented by the Secretary
following the procedures outlined in 50 CFR 660.50. The interim tribal
allocation of 17.5 percent is not an allocation based on performance or
based on catch history. The purpose of the tribal allocation is to
facilitate the Tribes exercising their treaty right to harvest fish in
their usual and accustomed fishing areas in U.S. waters. Reducing the
Tribal allocation based on previous years' harvest would be
inconsistent with the treaty rights of the four Treaty Tribes to fish
in their ``usual and accustomed grounds and stations'' in common with
non-Tribal citizens (U.S. v. Washington, 384 F. Supp. 313 (W.D. Wash.
1974)).
Additionally, the 17.5 percent allocation represents a collective
allocation of fish for the four Washington coastal treaty Indian Tribes
with U&As occurring within the geographic range of the Pacific whiting
resource. NMFS supports the ability of all four Tribes to exercise
their treaty fishing rights, regardless of whether they choose to do so
in a specific calendar year.
Comment 5: Under 50 CFR 660.131(h), NMFS may reapportion
unharvested Tribal allocation in-season based on the best available
information, including Tribal harvest projections and expected non-
Tribal needs. Referencing this process would clarify how NMFS evaluates
whether and when reapportionment is warranted. Earlier
reapportionment--prior to the September and November timeframes
observed in 2025--would allow non-Tribal sectors to utilize the
resource more efficiently before winter weather and salmon bycatch
constraints become prohibitive.
Response: Timing of reapportionment is coordinated based on
communication with Tribes engaged in fishing, requests from non-Tribal
commercial sectors, and the regulatory requirement in 50 CFR
660,131(h), including that reapportionment be considered on or about
September 15th of each year. Non-Tribal commercial sectors typically
contact NMFS in August of each year to communicate their operational
needs for the remaining fishing season, which include consideration of
salmon bycatch, and quota constraints. NMFS and any participating
Tribes discuss the Tribe's fishing plans for the remainder of the year,
taking into consideration seasonal migration of fish into Tribal U&As,
and the capacity of the Tribal fishery to harvest their remaining
allocation. NMFS may reapportion a portion of the Tribal allocation
that it determines will not be used by the end of the fishing. Once
Tribal allocations are reapportioned to the non-Tribal sectors, the
quota cannot be returned to the Tribal fishery, as such, careful
consideration of the decision is made. NMFS is aware that the timing
and communication of the Tribal reapportionment process is important to
the planning and operations of the non-Tribal sectors and is committed
to continued dialogue with both Tribal and non-Tribal stakeholders
throughout the 2026 season and beyond to allow for efficient
consideration of reapportionment.
Comment 6: The proposed rule concludes that the No Action
alternative is inconsistent with treaty obligations and therefore
receives no further consideration. Providing a more complete
description of the expected environmental and socioeconomic effects of
the No Action alternative would better align with NEPA requirements and
improve the completeness of the environmental analysis.
Response: Expected environment and socioeconomic effects of the
groundfish fishery, including the Pacific whiting fishery, are detailed
in the Environmental Assessment for 2025-2026 Biennial Harvest
Specifications and the 2015-16 Environmental Impact Statement for the
West Coast groundfish fishery. The ``No Action'' discussion in the
proposed rule is relative to the requirements of the Regulatory
Flexibility Act, which requires agencies to consider whether any
significant alternatives to the proposed rule would accomplish the
stated objectives of applicable statutes, and which minimize any
significant economic impact of the proposed rule on small entities.
Under sections 305(d) of the MSA, and groundfish regulations in 50 CFR
660 Subpart C, NMFS implements a Tribal allocation as a deduction off-
the-top from the U.S. TAC. Once the U.S. approves the TAC
recommendation, per the Pacific Whiting Act of 2006, NMFS must
implement the approved TAC recommendation. Under the `No Action'
alternative NMFS would not issue a Tribal allocation, would implement
the approved U.S. TAC, and allocate the U.S. Harvest Guideline to the
non-Tribal commercial sectors without the off-the-top deduction to
accommodate the Tribal allocation. As discussed in the proposed rule,
the no action alternative would be inconsistent with Tribal treaty
rights and applicable statutes and regulations.
Comment 7: Several references appear to use ``2025'' where ``2026''
is intended, particularly in the IRFA discussion of the ex-vessel value
of the Tribal allocation.
Response: NMFS has noted two typos, in the economic analysis
section of the proposed rule where the year ``2025'' was inadvertently
used when ``2026'' was intended. These references should instead say
``2026'' rather than ``2025'' and should read as follows: ``At that
price, the proposed 2026 Tribal allocation (potentially 43,958.60-
92,927 mt) would have an ex-vessel value between $11.24 and $23.77
million.'' and ``Using the proposed Tribal allocation of 17.5 percent
and the potential range of U.S. TACs for 2026 would yield a Tribal
allocation of between 43,958 and 92,927 mt.'' These sentences pertain
to the projection of potential Trial allocations and are not updated
for the final rule as the U.S. TAC has now been recommended by the JMC
and resulting Tribal allocation for 2026 is known.
Comment 8: It would also be helpful to clarify whether the 17.5
percent allocation is intended to represent all four eligible Tribes or
solely the Makah Tribe, given that only the Makah Tribe intends to
participate in 2026. This clarification would explain how the
allocation percentage is applied relative to the 1996 framework.
Response: The Tribal allocation is for all four Washington coastal
treaty Indian Tribes with treaty rights to harvest groundfish,
including Pacific whiting, in their U&A fishing areas. Consistent with
50 CFR 660.50(d), Tribal treaty rights for groundfish will be
implemented either through an allocation or set-aside of fish that will
be managed by the Tribes. Beyond providing an allocation of the whiting
TAC every year, NMFS does not further direct the harvest of the Tribal
whiting allocation. NMFS supports the ability of
[[Page 25516]]
all four Tribes to exercise their treaty fishing rights, regardless of
whether they choose to do so in a specific calendar year.
Comment 9: The proposed rule explains that a 15-day comment period
balances the need for public input with the need for timely
implementation. Offering additional detail--such as whether this
shortened period has been used in prior whiting rulemakings or whether
alternative timelines were considered--would demonstrate that NMFS
evaluated the tradeoffs carefully.
Response: In most prior annual whiting harvest specifications, NMFS
has provided a public comment period of 15 days due to the timing of
the Whiting Agreement process and the start of the commercial fishery.
The Whiting Agreement process is constrained on the front end by data
processing timelines for the fishery stock assessment and on the back
end by the meetings of the AP, and JMC that occur in late winter. This
public comment timeframe has been used to ensure the rulemaking can be
implemented and the full U.S. TAC is allocated in a timely manner as
close as possible to the May 1 start of the commercial whiting fishery.
Additionally, due to the public nature of the TAC setting process
through the JMC & AP meeting, substantial public input is solicited and
provided as part of those public meetings. It would be counter to the
public interest to further delay the rulemaking process as it impacts
the full implementation of commercial sector allocations.
Comment 10: The rule notes that the process to establish a long-
term Tribal allocation began in 2009 but has not yet been completed.
Clarifying whether NMFS intends to revisit or finalize that process
would reduce uncertainty for both Tribal and non-Tribal sectors. The
rule would benefit from a clearer description of how NMFS determines
the timing of in-season reapportionment. Understanding what information
NMFS relies on, how often Tribal harvest updates are requested, and
whether bycatch constraints in non-Tribal sectors are considered would
improve transparency and help all sectors plan more effectively during
the fishing year.
Response: NMFS acknowledges the implementation of the Tribal
allocation percentage on an annual basis may create uncertainty, but it
facilitates the Tribes exercising their treaty right to harvest fish in
their usual and accustomed fishing areas in U.S. waters. NMFS will
continue to take the necessary steps to ensure that this opportunity is
available to those Tribes. 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. With respect to
reapportionment, please see the response to comment 5, which describes
the reapportionment process.
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 305(d) of the Magnuson-Stevens Act, the Whiting
Act, the regulations governing the groundfish fishery at 50 CFR 660.5
through 660.360, and other applicable laws. NMFS will implement this
action pursuant to section 305(b) of the MSA and regulations 50 CFR
660.50. The regulations at 50 CFR 660.50 were implemented under a prior
action taken under Section 304(b) of the MSA and authorize NMFS to take
this action.
The NMFS Assistant Administrator has determined that this final
rule is consistent with section 305(d) of the Magnuson-Stevens Act, the
Whiting Act, the regulations governing the groundfish fishery at 50 CFR
660.5 through 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). This rule 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. 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.
NMFS invited consultation on this action through exchanged emails with
Tribal officials leading up to the development of the rule, only the
Makah Tribe indicated an intent to fish.
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. Such a delay would be contrary to the public
interest because it would create significant operational limitations to
the commercial whiting sectors without providing associated benefits to
the regulated community or the fishery.
The Pacific whiting fishing season extends from May 1 to December
31. This year's season began on May 1, 2026, under interim allocations
(consistent with the procedures laid out at 50 CFR
660.140(d)(1)(ii)(B)(2)) based on a proxy coastwide TAC analyzed in the
2026 Pacific whiting stock assessment (see ADDRESSES), because this
rule, establishing final allocations for 2026, had not yet been issued.
This proxy coastwide TAC was 350,000 mt, which is approximately 8
percent lower than the 2026 adjusted coastwide TAC of 380,000 mt,
resulting in interim allocations that are also 8 percent lower than the
allocations issued in this final rule.
Delaying the effective date of the full 2026 season allocations
would represent a significant operational limitation to the commercial
whiting sectors, because it would decrease their flexibility and
opportunity to harvest the optimal yield. This rule increases catch
limits for Pacific whiting compared to the restrictive interim
allocation the fishery is currently operating under, and delaying the
effective date of this rule by 30 days would limit the ability of the
Pacific whiting commercial sectors to realize the full level of
economic opportunity the final allocations provide. In addition, if the
non-Tribal commercial sectors fully harvest their interim allocations
during the 30-day period before the final allocations under this rule
go into effect, NMFS would be required to close the Pacific whiting
fishery, which could have significant negative economic impact. At the
same time, one of the general policy purposes for allowing for a 30-day
delay is to give the regulated community time to adjust their practices
to come into compliance. But a 30-day delay to the effective date would
not achieve this policy purpose, because such a delay would provide the
Pacific whiting commercial sectors with less operational flexibility,
not more. There are no new compliance burdens placed on the fishing
community with this rule. In addition, because the total
[[Page 25517]]
catch limits allocated to each sector for the 2026 season will be the
same regardless of whether this rule goes into effect immediately or
after 30 days, delaying the effective date of the rule would not
provide any additional benefit to the long-term biological or economic
sustainability of the fishery. For the foregoing reasons, requiring a
30-day delay in the effective date would be contrary to the public
interest, and there is good cause to waive this requirement.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule is exempt from the requirements of Executive Order
14192 because it is a routine fishing action.
Final Regulatory Flexibility Analysis
NMFS issued a proposed rule on March 6, 2026 (91 FR 11022) for the
2026 Pacific whiting Tribal allocation and 2026 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 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
was one public comment 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, 90 FR
52917, November 24, 2025; 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.
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.
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 ten C/P endorsed permits owned
by three 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 2026, all three owners of the ten
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 that are eligible to harvest Pacific
whiting. 120 of these permits are annually allocated whiting quota
pounds based on catch history. There are an additional 38 eligible
permits/accounts eligible to harvest whiting that are not allocated
whiting quota, but are permitted to buy or trade whiting quota pounds.
The Shorebased IFQ sector also includes 39 licensed first receiver
sites, of which 7 companies receive and process whiting. Of these
companies that receive whiting, six are not considered small entities,
we estimate one would be considered a small entity.
Vessels participating in the Shorebased IFQ program may also
participate in the MS Co-op Program, which 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 six MS processor permits and a catcher vessel fleet
currently composed of a single co-op with 33 Mothership/Catcher Vessel
endorsed permits (with three permits each having two catch history
assignments). For 2026, eight permits in the MS Co-op reported that
they are not small businesses, NMFS estimates the remaining 25 permits
to be considered small entities.
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
regulations, 86 of which are considered small entities.
Description of the Projected Reporting, Recordkeeping and Other
Compliance Requirements of the Rule, Including an Estimate of the
Classes of Small Entities Which Will Be Subject to the Requirement and
the Type of Professional Skills Necessary for Preparation of the Report
or Record
This final rule contains no recordkeeping or information collection
requirements.
[[Page 25518]]
Explanation of the Criteria Used To Evaluate Whether the Rule Would
Impose Effects on ``A Substantial Number'' of Small Entities
The criteria are described above. NMFS estimates 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.
Explanation of the Criteria Used To Evaluate Whether the Rule Would
Impose ``Significant'' Economic Effects
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.
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.
Estimate of Economic Impacts by Entity Size and Industry
Impacts to the U.S. non-Tribal fishery are measured with an
estimate of ex-vessel revenue. Ex-vessel revenue is calculated by
multiplying annual landings of Pacific whiting in metric tons by the
average ex-vessel price of whiting. 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 2015 to 2025, the
U.S. non-Tribal commercial fishery sectors averaged harvests of
approximately 262,861.33 mt, and revenues of $51.39 million annually.
The 2025 average ex-vessel price of Pacific whiting was $256 per mt.
The 2025 U.S. non-Tribal commercial fishery sectors attained a Pacific
whiting catch of approximately 238,435.10 mt out of a U.S. TAC of
295,520 mt (80.9 percent attainment), resulting in a total ex-vessel
revenue of $61.04 million.
To estimate the ex-vessel revenue resulting from the 2026 TAC of
Pacific whiting, the recommended U.S. TAC is multiplied the most recent
ex-vessel price per mt of Pacific whiting, and a range of potential
harvests attainment percentages based on average landings for the
previous 10 years.
The adjusted coastwide TAC of 380,000 mt results in an adjusted
U.S. TAC of 280,744 mt and, after deduction of the Tribal allocation
and the incidental catch set-aside, a U.S. non-Tribal HG of 230,863.80
mt. Using the 2025 weighted-average non-Tribal price of $256 per metric
ton, the 2026 adjusted U.S. TAC is estimated to result in an ex-vessel
revenue of $53.37 million for the U.S. non-Tribal fishing fleet if 100
percent harvested. However, due to operational constraints, the U.S.
commercial sectors attained approximately 50 percent and 80 percent of
the non-Tribal HG in 2024 and 2025. At this attainment range the 2026
U.S. non-Tribal HG which would result in an estimated total ex-vessel
revenue of $29.55 to $47.28 million for entities participating in the
Shorebased sector, C/P co-op, and MS co-op. 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
$256 per mt. At that price, the 2026 Tribal allocation of 49,130.20 mt
would potentially have an ex-vessel value of $12.57 million if fully
harvested. Tribal catch is highly variable and dependent on the
presence of Pacific whiting migrating within the boundaries of Tribal
U&A. In recent years, Tribal catch within the Makah U&A has been
constrained by low presence of whiting in the area. From 2024-2025,
Tribal catch ranged from 1,541 mt to 526 mt which would range in value
from $394,496 to $134,656 in revenue using 2025 ex-vessel price of $256
per mt.
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 2025 NMFS reapportioned
41,750 mt of the original 51,716 mt Tribal allocation (Bulletin:
Reapportionment of Tribal Pacific Whiting Allocation for 2025,
September 23, 2025; Bulletin: Second Reapportionment of Tribal Pacific
Whiting Allocation for 2025, November 19, 2025). The revised Pacific
whiting allocations for 2025 following the reapportionment were: Tribal
10,000 mt, C/P Co-op 96,821.80 mt; MS Co-op 68,344.80 mt; and
Shorebased IFQ Program 119,603.40 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
Based on the above analysis this rule would not have a significant
economic impact on small entities. This rule is similar to previous
rulemakings concerning Pacific whiting. This rule 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. The JMC TAC recommendation and resulting Pacific whiting
allocations to the non-Tribal sectors are expected to 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
[[Page 25519]]
finds that this rule will not adversely affect small entities.
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 March 6, 2026 (91 FR 11022). The
comment period on the proposed rule closed March 23, 2026. NMFS
received one comment on the IRFA and made the corresponding corrections
to the FRFA, as described above under Comment 7.
No changes from the proposed action are being considered in the
final action.
Description of Any Significant Alternatives to the Proposed Rule That
Accomplish the Stated Objectives of Applicable Statutes and That
Minimize Any Significant Economic Impact of the Proposed Rule on Small
Entities
For the Pacific whiting Tribal allocation, and set-asides 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 Tribal allocation of 17.5 percent and the recommended U.S.
TACs of 280,744.00 mt for 2026 would yield a Tribal allocation of
49,130.20. 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 set-asides 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 set-
asides of the US 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 set-asides received no further consideration.
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/west-coast/sustainable-fisheries/compliance-guides-west-coast-groundfish">https://www.fisheries.noaa.gov/west-coast/sustainable-fisheries/compliance-guides-west-coast-groundfish</a>. Stakeholders will receive the notice
without any further action on their end.
Reporting and Recordkeeping Requirements
This final rule contains no recordkeeping or information collection
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Relevant Federal Rules That May Duplicate, Overlap, or Conflict With
the Action
No Federal rules that duplicate, overlap, or conflict with this
action have been identified.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian Fisheries.
Dated: May 5, 2026.
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 2026 is 49,130.20
mt, which is 17.5 percent of the 280,744 mt U.S. TAC.
* * * * *
0
3. Amend table 2a to part 660, subpart C, 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
[[Page 25520]]
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Species/stock Area OFL ABC ACL \a\ Fishery HG \b\
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Pacific Whiting \d\................... Coastwide................ 559,334 (\d\)..................... (\d\).................... 230,863.80
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
\d\ Pacific hake/whiting. The 2026 OFL of 559,334 mt is based on the 2026 assessment with the F-40 proxy fishing rate that would reduce spawning biomass
to 40 percent of estimated unfished levels. The 2026 coastwide adjusted Total Allowable Catch (TAC) is 380,000 mt. The U.S. TAC is 73.88 percent of
the coastwide TAC. The 2026 adjusted U.S. TAC is 280,744 mt. From the U.S. TAC, 49,130.20 mt is deducted to accommodate the Tribal fishery, and 750 mt
is deducted to accommodate research and bycatch in other fisheries, resulting in a 2026 non-Tribal fishery HG of 230,863.80 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 2b to part 660, subpart C, by revising the entry for
``Pacific Whiting'' to read as follows:
Table 2b to Part 660, Subpart C--2026, and Beyond, Allocations by
Species or Species Group
Table 2b to Part 660, Subpart C--2026, and Beyond, Allocations by Species or Species Group
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl Non-Trawl
Species/stock & complexes Area Fishery HG or ---------------------------------------------------------------
ACT % mt % mt
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Pacific whiting........................... Coastwide................... 230,863.80 100 230,863.80 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) * * *
Table 1 to Paragraph (d)(1)(ii)(D)--Shorebased Trawl Allocations for 2025 and 2026
----------------------------------------------------------------------------------------------------------------
2025 2026
Shorebased Shorebased
IFQ species Area trawl trawl
allocation allocation
(mt) (mt)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Pacific whiting \a\........................... Coastwide....................... 102,082.68 96,962.80
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ Managed through an annual international process. These allocations will be updated when announced.
* * * * *
[FR Doc. 2026-09293 Filed 5-8-26; 8:45 am]
BILLING CODE 3510-22-P
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