[Federal Register Volume 90, Number 71 (Tuesday, April 15, 2025)]
[Proposed Rules]
[Pages 15675-15680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-06346]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 250409-0062]
RIN 0648-BN47
Magnuson-Stevens Act Provisions; Fisheries off West Coast States;
Pacific Coast Groundfish Fishery; 2025 Pacific Whiting Tribal
Allocation and 2025 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 2025 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
April 30, 2025.
[[Page 15676]]
ADDRESSES: A plain language summary of this proposed rule is available
at https://www.regulations.gov/docket/NOAA-NMFS-2025-0002. You may
submit comments on this document, identified by NOAA-NMFS-2025-0002, by
any of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Visit https://www.regulations.gov and
type ``NOAA-NMFS-2025-0002'' 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
https://www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), 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 at: https://www.fisheries.noaa.gov/action/2025-harvest-specifications-pacific-whiting-and-2025-tribal-allocation.
NEPA documents for this and other West Coast groundfish actions are
also available at: https://www.fisheries.noaa.gov/west-coast/laws-and-policies/groundfish-actions-nepa-documents.
Additional background information for the Pacific Hake/Whiting
Treaty can be found at: https://www.fisheries.noaa.gov/west-coast/laws-policies/pacific-hake-whiting-treaty.
FOR FURTHER INFORMATION CONTACT: Colin Sayre, phone: 206-526-4656, and
email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
Under the authority of the Pacific Coast Groundfish Fishery
Management Plan (FMP), sections 304(b) and 305(d) of the Magnuson-
Stevens Fishery Conservation and Management Act, 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 Tribal and non-Tribal commercial Pacific whiting
fisheries open on May 1 of each year. The Tribal and non-Tribal
commercial sector allocations for Pacific whiting, as well as set-
asides, would be effective until December 31, 2025.
Pacific Whiting Agreement
The transboundary stock of Pacific whiting is managed through the
Agreement Between the Government of 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 25th 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 Magnuson-Stevens
Fishery Conservation and Management Act (MSA) and consistent with the
Pacific Coast Groundfish Fishery Management Plan (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 2 below
provides a recent history of U.S. TACs and annual Tribal allocation in
metric tons (mt).
Table 2--U.S. Total Allowable Catch and Annual Tribal Allocation in
Metric Tons for 2015-2024 (mt)
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Year U.S. TAC Tribal allocation
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2015........................ 325,072 mt.......... 56,888 mt.
2016........................ 367,553 mt.......... 64,322 mt.
2017........................ 441,433 mt.......... 77,251 mt.
2018........................ 441,433 mt.......... 77,251 mt.
2019........................ 441,433 mt.......... 77,251 mt.
[[Page 15677]]
2020........................ 424,810 mt.......... 74,342 mt.
2021........................ 369,400 mt.......... 64,645 mt.
2022........................ 402,646 mt.......... 70,463 mt.
2023........................ 461,750 mt.......... 80,806 mt.
2024........................ 410,034 mt.......... 71,755 mt.
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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 2025 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 September
2024, the Makah Tribe indicated their intent to participate in the
Tribal Pacific whiting fishery in 2025. The Quinault Indian Nation, the
Quileute Indian Tribe and the Hoh Indian Tribe informed NMFS that they
will not participate in the 2025 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 2025 U.S.
TAC.
The JMC is anticipated to recommend the coastwide and corresponding
United States/Canada TACs no later than March 25, 2025. 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 2025 by early May.
Therefore, to allow for public input on the Tribal allocation, NMFS is
issuing this proposed rule without the final 2025 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 the Tribal allocation to a range of potential TACs derived
from past harvest levels.
In order to project a range of potential Tribal allocations for
2025, we applied the proposed Tribal allocation of 17.5 percent to the
range of U.S. TACs over the last 10 years, 2015 through 2024 (plus or
minus 15 percent to capture variability in recommended TAC.). The range
of U.S. TACs in the past 10 years period was 325,072 mt (2015) to
461,750 mt (2023) The maximum change in U.S. TAC in the last 5 years
was a 13 percent decrease between 2020 and 2021 (424,810 mt to 369,400
mt), and a 15 percent increase between the years 2022 and 2023 (402,646
mt to 461,750 mt). Applying the 15 percent variability results in a
range of potential TACs between 276,311 mt and 531,012 mt for 2025.
Using the proposed Tribal allocation of 17.5 percent, the potential
range of the Tribal allocations for 2025 would be between 48,354 mt and
92,927 mt. NMFS proposes to implement this action pursuant to
regulations at 50 CFR 660.50.
Set-Asides for Research and Incidental Mortality in Non-Groundfish
Fisheries
The U.S. non-Tribal whiting fishery is managed under the FMP. Each
year, the Council recommends a set-aside to accommodate research
activities and incidental mortality in non-groundfish fisheries based
on estimates of scientific research catch and estimated bycatch
mortality in non-groundfish fisheries. See 50 CFR 660.55(j). At its
November 2024 meeting, the Council recommended a research and
incidental mortality set-aside of 750 mt for 2025, which would be
unchanged from 2024. NMFS concurs with this recommendation pending
public comment, and this rule proposes a 750 mt set-aside.
In addition to the Tribal and incidental catch set-asides, each
year NMFS establishes the 2025 U.S. TAC and 2025 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 non-
Tribal fishery HG, the 2025 Tribal allocation and 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 2025 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 sections 304(b) and 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
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 304(b)(1)(a) and
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
[[Page 15678]]
specifications close to the start of the Pacific whiting fishing season
on May 1st 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 2025 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.
The Office of Management and Budget has determined that this
proposed rule is not significant for purposes of Executive Order 12866.
This proposed rule has been prepared in compliance with Executive
Order 14192.
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 (RIR) included in the analytical
document for Amendment 33 to the Pacific Coast Groundfish Fishery
Management Plan and 2025-2026 Harvest Specifications and Management
Measures. These documents are available from NMFS (see ADDRESSES).
NMFS prepared a final environmental impact statement (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 2015-16 and gave 10-year projections for
routinely adjusted harvest specifications and management measures. The
10-year projections were produced to evaluate the impacts of the
ongoing implementation of harvest specifications and management
measures and to evaluate the impacts of the routine adjustments that
are the main component of each biennial cycle. The EA for the 2025-26
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).
Under the RFA, the term ``small entities'' includes small
businesses, small organizations, and small governmental jurisdictions.
For purposes of complying with the RFA, NMFS has established size
criteria for entities involved in the fishing industry that qualify as
small businesses. A business involved in fish harvesting is a small
business if it is independently owned and operated and not dominant in
its field of operation (including its affiliates) and if it has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide (80 FR 81194, December 29, 2015; 50 CFR
part 200). In addition, the 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 (See 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 (See NAICS code 311710 at 13 CFR
121.201). For purposes of this rulemaking, NMFS is also applying the
seafood processor standard to catcher/processors (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, and Estimate of Economic Impacts by Entity Size and
Industry
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 2025. Tribes are not considered small entities for the
purposes of RFA. Impacts to Tribes are nevertheless considered in this
analysis.
Although there are three non-Tribal sectors directly affected by
this rule (the C/P Co-op Program, the Shorebased IFQ Program, and the
MS Co-op Program), many companies participate in two sectors and some
participate in all three sectors, as well as other non-whiting
groundfish fisheries. For example, some companies may own permits in
both the C/P and MS sectors, and own vessels capable of operating as
either a C/P or an MS. Depending on the operational needs of the parent
company in a given year, a C/P vessel may be assigned a permit to
alternatively act as an MS. As part of the permit application processes
for the non-Tribal fisheries, NMFS asks permit applicants if they
considered themselves a small business based on a review of the 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
[[Page 15679]]
Alaska as well as on the West Coast in non-whiting groundfish fisheries
and may have operations in other countries, as well. NMFS requests that
limited entry permit holders self-report their size status. There is
substantial, but not complete, overlap between permit ownership and
vessel ownership, so there may be a small number of additional small
entity vessel owners who will be impacted by this rule.
The C/P Co-op Program is composed of 10 C/P endorsed permits owned
by 3 companies that have formed a single co-op. This co-op is
considered a large entity both because it has participants that are
large entities and because it has in total more than 750 employees
worldwide including affiliates. For 2025, all 3 owners of the 10 C/P
permits reported that they are not small businesses.
As of January 2025, the Shorebased IFQ Program is composed of 158
Quota Share permits/accounts (120 of which were allocated whiting quota
pounds) 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 2025 this program consists of 6 MS
processor permits and a catcher vessel fleet currently composed of a
single co-op with 33 Mothership/Catcher Vessel endorsed permits (with
three permits each having two catch history assignments). For 2025, 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 2025 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 2024 NMFS reapportioned 45,000 mt of
the original 71,755.95 mt Tribal allocation (89 FR 84302, October 22,
2024). 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 2024 following the reapportionment were: Tribal
26,755.95 mt, C/P Co-op 130,059.53 mt; MS Co-op 91,806.73 mt; and
Shorebased IFQ Program 160,661.78 mt. 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 2024 landing and revenue data for the commercial whiting
sectors were unavailable at the time of publication of the IRFA. For
the years 2013 to 2023, the U.S. non-Tribal commercial fishery sectors
averaged harvests of approximately 262,531 mt and revenues of $52.7
million annually. The 2024 U.S. non-Tribal commercial fishery sectors
attained a Pacific whiting catch of approximately 165,061 mt out of a
harvest guideline of 337, 528 mt (48.9 percent attainment), resulting
in a total revenue of $46.6 million. The Tribal fishery landed 1,541 mt
out of the 2024 Tribal allocation of 71,755.95 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 2024 average ex-vessel price of Pacific
whiting, which was $230.91 per mt. At that price, the proposed 2025
Tribal allocation (potentially 48,354 mt-92,927 mt) would have an ex-
vessel value between $17.4 and $21.4 million.
A 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 proposed Tribal allocation of 17.5 percent and the potential
range of U.S. TACs for 2025 would yield a Tribal allocation of between
48,354 mt 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 2025, 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 2025, 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 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
[[Page 15680]]
fishery and prevent overfishing. Therefore, the No Action alternative
for set-asides received no further consideration.
Regulatory Flexibility Act Determination of No Significant Impact
NMFS has preliminarily determined this proposed rule would not have
a significant economic impact on small entities. 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 2025. 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 conclusion.
NMFS has prepared the IRFA, as described above, and is requesting
comments on this conclusion. See ADDRESSES.
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: April 9, 2025.
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:
PART 660--FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16
U.S.C. 7001 et seq.
0
2. In Sec. 660.50, revise paragraph (f)(17) to read as follows:
Sec. 660.50 Pacific Coast treaty Indian fisheries.
* * * * *
(f) * * *
(17) Pacific whiting. The Tribal allocation for 2025 will be 17.5
percent of the U.S. TAC.
* * * * *
0
3. Amend table 1a to part 660, subpart C-2025, Specifications of OFL,
ABC, ACL, ACT and Fishery HG, by revising the entry for ``Pacific
Whiting'' and its footnote to read as follows:
Table 1a to Part 660, Subpart C--2025, Specifications of OFL, ABC, ACL, ACT and Fishery HG
Table 1a to Part 660, Subpart C--2025, Specifications of OFL, ABC, ACL, ACT and Fishery HG (Weights in Metric
Tons). Capitalized stocks are rebuilding.
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Species/stocks Area OFL ABC ACL \a\ Fishery HG \b\
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* * * * * * *
Pacific Whiting \d\........... Coastwide....... (\d\) (\d\) (\d\) (\d\)
* * * * * * *
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* * * * * * *
\d\ Pacific whiting are assessed annually. The final specifications will be determined consistent with the U.S.-
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. 2025-06346 Filed 4-14-25; 8:45 am]
BILLING CODE 3510-22-P