View Rule

This rule would establish the 2026 harvest specifications and allocations for Pacific Whiting.  Through this rulemaking, NMFS would announce the intent to establish a U.S. Total Allowable Catch (TAC) level determined under the terms of the Agreement with Canada on Pacific Hake/Whiting (Agreement) and the Pacific Whiting Act of 2006 (Whiting Act) and apply the interim percent allocation for the Tribal fishery and set-asides (off the top deductions) for research and bycatch to determine the fishery harvest guideline (HG), called the non-Tribal allocation, and sector allocations for three commercial whiting sectors. As in prior years, the Tribal allocation is not intended to set a precedent for future years. This action would be implemented pursuant to the rulemaking authority under the Magnuson-Stevens Fishery Conservation and Management Act (MSA) section 305(d) (Secretarial authority), and the Pacific Whiting Act of 2006. Pursuant to MSA section 305(d), this action would implement the annual Pacific whiting incidental set aside and Treaty allocation and is necessary to ensure that the Pacific Coast Groundfish Fishery Management Plan is implemented in a manner consistent with treaty rights of four Treaty Tribes to fish in their usual and accustomed grounds and stations in common with non-Tribal citizens. United States v. Washington, 384 F. Supp. 313 (W.D. Wash. 1974). Pursuant to the Pacific Whiting Act of 2006, this action would announce the U.S. TAC level, and subsequent non-discretionary sector allocations. The harvest specifications that would be implemented by this action would be in effect for the Pacific Whiting fishery that opens May 01, 2026 through December 31, 2026.