Proposed Rule2026-08502
Pacific Island Fisheries; Catch and Retention Limits for Striped Marlin in the Western and Central Pacific Ocean North of the Equator
Primary source
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Published
May 1, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes a framework to determine catch limits for all U.S. fisheries and retention limits by U.S. longline fisheries under a Hawaii longline limited entry permit for Western and Central North Pacific Ocean (WCNPO) striped marlin (Kajikia audax), consistent with Western and Central Pacific Fisheries Commission (WCPFC) Conservation and Management Measure (CMM) 2024-06. If the retention limit is reached, NMFS proposes to prohibit longline retention of WCNPO striped marlin by longline fishing vessels until the end of the year to prevent the U.S. catch limit from being exceeded. Because the U.S. limit under the framework can change each year, NMFS proposes to specify the updated catch and longline retention limits by notice in the Federal Register early each calendar year. For fishing year 2026, NMFS proposes to specify a U.S. WCNPO striped marlin limit of 393.4 metric tons (mt) (867,300 pounds (lb)) and a U.S. longline retention limit of 381.6 mt (841,300 lb) using the framework.
Full Text
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<title>Federal Register, Volume 91 Issue 84 (Friday, May 1, 2026)</title>
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[Federal Register Volume 91, Number 84 (Friday, May 1, 2026)]
[Proposed Rules]
[Pages 23387-23390]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08502]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 260428-0117]
RIN 0648-BN81
Pacific Island Fisheries; Catch and Retention Limits for Striped
Marlin in the Western and Central Pacific Ocean North of the Equator
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 proposes a framework to determine catch limits for all
U.S. fisheries and retention limits by U.S. longline fisheries under a
Hawaii longline limited entry permit for Western and Central North
Pacific Ocean (WCNPO) striped marlin (Kajikia audax), consistent with
Western and Central Pacific Fisheries Commission (WCPFC) Conservation
and Management Measure (CMM) 2024-06. If the retention limit is
reached, NMFS proposes to prohibit longline retention of WCNPO striped
marlin by longline fishing vessels until the end of the year to prevent
the U.S. catch limit from being exceeded. Because the U.S. limit under
the framework can change each year, NMFS proposes to specify the
updated catch and longline retention limits by notice in the Federal
Register early each calendar year. For fishing year 2026, NMFS proposes
to specify a U.S. WCNPO striped marlin limit of 393.4 metric tons (mt)
(867,300 pounds (lb)) and a U.S. longline retention limit of 381.6 mt
(841,300 lb) using the framework.
DATES: NMFS must receive comments by June 1, 2026.
ADDRESSES: A plain language summary of this proposed rule is available
at: <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-0045">https://www.regulations.gov/docket/NOAA-NMFS-2025-0045</a>. You may
submit comments on the proposed rule, identified by NOAA-NMFS-2025-
0045, by either of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2025-0045 in the Search box,
Click the ``Comment'' icon, complete the required fields, and enter or
attach your comments.
<bullet> Mail: Submit written comments to Sarah Malloy, Regional
Administrator, NMFS Pacific Islands Regional Office (PIRO), 1845 Wasp
Blvd. Bldg. 176, Honolulu, HI 96818.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
will be publicly accessible. NMFS will accept anonymous comments (enter
``N/A'' in the required fields if you wish to remain anonymous).
The Western Pacific Fishery Management Council (Council) and NMFS
prepared a draft environmental assessment (EA) that describes the
potential impacts on the human environment that could result from the
proposed action. The draft EA is available at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>, or from the Council, 1164 Bishop St., Suite 1400,
Honolulu, HI 96813, 808-522-8220, or <a href="https://www.wpcouncil.org">https://www.wpcouncil.org</a>.
FOR FURTHER INFORMATION CONTACT: David O'Brien, NMFS PIRO Sustainable
Fisheries, 808-725-5038.
SUPPLEMENTARY INFORMATION: NMFS and the Council manage U.S. commercial
fishing for Pelagic Management Unit Species (PMUS) under the Fishery
Ecosystem Plan for Pelagic Fisheries of the Western Pacific Region
(FEP) and implementing Federal regulations. Although the FEP indicates
that PMUS have statutory exemptions from annual catch limits (ACL), the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) authorizes the Council to recommend catch limits for PMUS
if such actions are deemed appropriate and consistent with the
Magnuson-Stevens Act and other statutory mandates.
The WCFPC is the regional fisheries management organization that
manages WCNPO striped marlin internationally. A 2023 stock assessment
for WCNPO striped marlin indicates that while the stock was
experiencing overfishing, it was not overfished. Subsequent
negotiations at the WCPFC have resulted in adoption of a rebuilding
plan for this stock that requires rebuilding to 20 percent of unfished
biomass with at least 60 percent probability by 2034. In December 2024,
the WCPFC adopted a new CMM for WCNPO striped marlin (CMM 2024-06;
available at <a href="https://cmm.wcpfc.int/measure/cmm-2024-06">https://cmm.wcpfc.int/measure/cmm-2024-06</a>) that includes a
total allowable catch (TAC) of the stock across all WCPFC member
nations as well as specific catch limits for five nations, including
the United States. CMM 2024-06 indicates in paragraph 5 that the TAC of
the stock annually from 2025-2027 is 2,400 mt (5,291,000 lb). The WCPFC
determined this TAC was necessary to achieve the requirements of the
rebuilding plan for WCNPO striped marlin.
The base U.S. catch limit specified in CMM 2024-06 is 228.4 mt
(503,500 lb), or 9.5 percent of the TAC for the stock. The U.S. catch
limit would apply to retained striped marlin caught by all vessels of
the United States in the Pacific Ocean north of the Equator (0[deg]
latitude) and west of 150[deg] W longitude. CMM 2024-06 allows an
increase in the U.S. catch limit if there is unused TAC 2 years prior,
up to a maximum of 165 mt. CMM 2024-06 also states that the United
States may presume the availability of 165 mt of unused TAC from 2025-
2027. The availability of unused TAC after 2027 is unknown at this
time. The proposed catch limit framework will also account for any
overage of the catch limit by subtracting it from the catch limit two
years after the overage occurred, consistent with CMM 2024-06. The U.S.
catch limit under the proposed framework thus depends on three factors:
(1) a base catch limit for the United States set at 228.4 mt (503,500
lb); (2) the availability of unused quota relative to the overall
international catch limit for the stock 2 years prior (set in advance
by CMM
[[Page 23388]]
2024-06 at 165 mt for 2026 and 2027); and (3) any overages of the U.S.
limit that occurred 2 years prior. CMM 2024-06 is effective through
calendar 2027, at which point we anticipate an updated management
measure from the WCPFC.
Hawaii-based longline fisheries catch approximately 97 percent or
more of the total U.S. striped marlin landings and are monitored in-
season. Other U.S. fisheries that catch striped marlin, especially the
Hawaii-based troll and handline fisheries, lack real-time monitoring
during the fishing season and their annual catch is only finalized
post-season. Over the last 10 years (2015-2024), the total catch of
troll and handline fisheries has averaged 2.6 percent of the total
annual U.S. catch of WCNPO striped marlin and has never significantly
exceeded 3 percent.
To ensure that the proposed catch limit is not exceeded, NMFS
proposes, in alignment with the Council's recommendations, that the
framework include a retention limit of 97 percent of the catch limit
for any U.S. fishing vessel with a Hawaii longline limited entry permit
issued under 50 CFR 665.801(b). This longline retention limit ensures
that when troll and handline catches are finalized after the season
ends, the total U.S. catch of WCNPO striped marlin will not exceed the
catch limit.
Pursuant to this framework, NMFS would annually specify the WCNPO
striped marlin limit and longline retention limit through the Federal
Register.
If NMFS projects, based on vessel logbook, landing and other
available information, that the retention limit will be reached, we
will prohibit retention of striped marlin caught by U.S. longline
vessels holding a Hawaii limited entry longline permit issued under 50
CFR 665.801(b) in the Pacific Ocean north of the Equator (0[deg]
latitude) and west of 150[deg] W longitude for the remainder of the
year. This retention prohibition would apply to striped marlin alive or
dead when fishing gear is recovered. A retention prohibition would go
into effect no earlier than 7 days after NMFS publishes a non-retention
date notice in the Federal Register.
As the notification of a retention prohibition could occur while
vessels are at sea fishing, NMFS proposes to include an exception for
WCNPO striped marlin caught and retained on board longline vessels
prior to the non-retention date. This exception would allow such fish
to be landed within the 14 days following the non-retention date to
allow time for vessels to return to port. Landing of this catch would
have no impact on the projection of when the longline retention limit
would be reached.
In addition to the proposed framework, NMFS proposes to specify a
2026 U.S. WCNPO striped marlin catch limit of 393.4 mt (867,300 lb) and
a U.S. longline retention limit of 381.6 mt (841,300 lb). The 2026
catch limit is the U.S. base limit plus the unused TAC 2 years prior
minus the catch overage 2 years prior (228.4 mt + 165 mt-0 mt = 393.4
mt) and the retention limit is 97 percent of the catch limit (393.4 mt
* 0.97 = 381.6 mt), pursuant to the framework.
NMFS will not propose to specify a U.S. WCNPO striped marlin catch
or U.S. longline retention limit for fishing year 2025 because that
fishing year has already ended. The NMFS Pacific Islands Regional
Administrator, in consultation with the Council, will update the U.S.
catch and retention limits for 2027 and subsequent years by publishing
an annual specification of the limits pursuant to the framework and
consistent with limits set by the WCPFC in the Federal Register each
year. The Regional Administrator will also update owners and operators
of longline vessels affected by the updated limits using other means.
The proposed framework is consistent with international management
requirements of CMM 2024-06 which expire at the end of 2027. We
anticipate a new CMM will be adopted by the WCPFC that is consistent
with this proposed framework and we would continue to apply it after
2027. If an updated CMM modifies the methodological basis for
determination of U.S. catch limits, we would propose a new framework
via rulemaking in the Federal Register.
NMFS will consider public comments on this proposed rule, including
both the proposed framework and the proposed 2026 catch and retention
limit specifications, and will announce the final rule in the Federal
Register. NMFS must receive comments on this proposed action by the
date provided in the DATES heading. NMFS may not consider comments
postmarked or otherwise transmitted after that date. Regardless of the
proposed rule, all other existing management measures would continue to
apply in these fisheries.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the FEP, Magnuson-Stevens Act Section 303(c) and other
provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
This proposed rule is not an E.O. 14192 regulatory action because
this rule is not significant under E.O. 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The WCNPO striped marlin stock is experiencing overfishing due to
excessive international fishing pressure. NMFS proposes this framework
to determine catch limits for all U.S. fisheries and retention limits
by U.S. longline fisheries under a Hawaii longline limited entry permit
for WCNPO striped marlin (Kajikia audax), consistent with international
fishery management requirements. Pursuant to this framework, NMFS would
annually specify the WCNPO striped marlin limit and U.S. longline
retention limit through the Federal Register and by other means. When
NMFS projects the U.S. longline retention limit would be reached, NMFS
would prohibit longline retention of WCNPO striped marlin until the end
of the year. Under this framework, the 2026 catch and retention limits
would be 393.4 mt (867,300 lb) and 381.6 mt (841,300 lb), respectively.
Catch and retention limits have yet to be specified for 2027 and
beyond, but the catch limits would be expected to range from 228.4 mt
(503,500 lb) to 393.4 mt, while the retention limit would be expected
to range from 221.5 mt (488,300 lb) to 381.6 mt. NMFS would use this
proposed framework to annually specify U.S. catch limits for subsequent
years starting in 2027 in the Federal Register once the catch limits
are adopted by the WCPFC. The catch limit would apply to vessels with
Hawaii longline limited entry permits as well as to Hawaii troll and
handline vessels catching striped marlin in the action area. The
retention limit would only apply to vessels with Hawaii longline
limited entry permits, including dual-permitted vessels with both
American Samoa and Hawaii longline permits. Retention of WCNPO striped
marlin by these vessels would be prohibited once NMFS published a
notice that the longline fishery is projected to reach the retention
limit and retention will be prohibited. The retention limit on Hawaii
longline catch is intended to prevent all U.S. fisheries from reaching
the catch limit, because
[[Page 23389]]
the troll and handline fisheries lack in-season monitoring and
generally catch less than 3 percent of the total U.S. striped marlin
catch. The proposed action is needed to comply with international
management for the WCNPO striped marlin stock as specified in the WCPFC
CMM 2024-06.
The proposed action would apply to the hundreds of vessels that
participate in the Hawaii troll and handline fisheries as well as up to
164 vessels with Hawaii limited entry permits (149 active as of
December 2025). However, handline and troll fisheries would not be
directly affected by the proposed action, as neither the retention
limit nor the retention prohibition would apply to them. The Hawaii
longline fleet, which would be subject to the retention limit, consists
of deep-set longline participants who target tuna and shallow-set
longline participants who target swordfish. Both components of the
longline fishery incidentally catch WCNPO striped marlin and can opt to
sell those catch. In 2024, the Hawaii longline fishery earned a
fleetwide revenue of $102.9 million; the 147 longline vessels that
fished in 2024 each earned $700,000 on average that year. Landings of
WCNPO striped marlin by Hawaii longline vessels ranged from 182 to 565
mt during the 2020-2024 time frame with an average of 305 mt. The
landing price of striped marlin has shown high variability in recent
years, ranging from an average price of $2.78 per pound in 2023 to
$0.99 per pound in 2024. The average price for striped marlin through
December 9, 2025 (average 2025 price) was $1.49 per pound, and 2025
annual catch was projected to be 550 mt.
Under the proposed action, if U.S. longline fisheries are projected
to reach the 2026 retention limit (381.6 mt), NMFS would prohibit
retention of WCNPO striped marlin by the Hawaii deep-set and shallow-
set longline fleet through the end of the year. This would result in a
loss of potential revenue for the longline fishery participants, as
well as a reduction of striped marlin supply to consumers. Given recent
5-year average longline catches are 305 mt (672,400 lb), we do not
anticipate needing a retention prohibition in 2026, even though catches
in 2024 and projected for 2025 exceed the proposed 2026 longline
retention limit. If 2026 catch is similar to that in 2024 (565 mt
(1,246,100 lb)) and the 2026 retention limit is 381.6 mt, the fleet
could potentially discard 183.4 mt (404,327 lb) of WCNPO striped marlin
catch. This would represent a loss in revenue of $400,284, based on the
2024 price of $0.99 per pound or $1,124,030 based on the 2023 price of
$2.78 per pound. Using 149 active longline vessels (in December 2025),
this revenue loss would be an estimated $2,686 to $7,544 per vessel. By
comparison, in 2024, the Hawaii longline fleet earned $102.9 million
from all catch, or $700,000 per vessel on average for the 147 vessels
actively fishing (two fewer than in 2025). If 149 longline vessels were
to earn similar per-vessel revenues in 2026, the expected loss in
revenue would be 0.4 percent to 1.1 percent of total revenue per
vessel.
As for 2027 and later years, the WCPFC catch and longline retention
limits have not been set yet, but they could be lower than the 2026
limits, ranging 228.4 to 393.4 mt (catch limit) and 221.5 to 381.6 mt
(retention limit). The likelihood of reaching the retention limit would
be higher and the associated retention prohibition date would occur
earlier in the year with lower retention limits, leading to potentially
higher revenue losses compared to higher retention limits. Based on the
past 5 full fishing years, catch from longline fisheries could range
from 182 to 565 mt with an expected catch of 305 mt. In the extreme
case, with a retention limit of 221.5 t, the lowest foreseeable limit
under the proposed action, the fishery would have to discard 343.5 mt
of striped marlin catch if catch were to be as high as 565 mt, which
would represent a loss in fleetwide revenue of $2,105,258 and per
vessel revenue loss of $14,129 at 2023 prices or fleetwide revenue
losses of $749,714 and $5,032 per vessel at 2024 prices. If longline
vessels earned revenues at levels similar to 2024 ($700,000 per vessel
on average), the expected percentage of per vessel revenue loss due to
a retention limit of 221.5 mt could range between 0.7 percent (2024
prices) and 2.0 percent (2023 prices) of total revenue per vessel.
Striped marlin prices peak in February and March, and again in July-
September, which could be prior to any potential prohibition in
retention. Any overage from 2025 may apply to 2027 catch and retention
limits which could further reduce those limits for 2027 and lead to
higher revenue losses in 2027 for the Hawaii longline fishery. If, as a
combined result of WCPFC decision on catch and retention limits and
2025 overage, the 2027 retention limit were set so that WCNPO striped
marlin retention was prohibited throughout the year, the percentage of
revenue loss to the Hawaii longline fishery in 2027 could be as high as
3.3 percent using the higher 2023 price and the highest annual catch
during 2020-2024. Using average 5 year catch and 2024 prices, NMFS
expects per vessel revenue loss to be 0.6 percent. The prohibition on
striped marlin retention would not apply to troll or handline fisheries
and these fishery participants would be able to sell striped marlin
catch throughout the year.
NMFS has established a small business size standard for businesses,
including their affiliates, whose primary industry is commercial
fishing (see 50 CFR 200.2). A business primarily engaged in commercial
fishing (North American Industry Classification System (NAICS) code
11411) is classified as a small business if it is independently owned
and operated, is not dominant in its field of operation (including its
affiliates), and has combined annual receipts not in excess of $11
million for all its affiliated operations worldwide. Based on available
information, NMFS has determined that all affected entities are small
entities under the NMFS standard, as they are engaged in the business
of fish harvesting, independently owned or operated, are not dominant
in their field of operation, and have annual gross receipts not in
excess of $11 million. Even though this proposed action may apply to a
substantial number of entities, based on our analysis the
implementation of this action would not result in significant adverse
economic impacts to individual entities.
NMFS anticipates no change in fishing activity from the proposed
action, independent of the retention limit being reached (i.e., area
fished, number of vessels and trips, number and depth of hooks, or
deployment techniques) because Hawaii longline fisheries target tuna
and swordfish. The proposed action does not duplicate, overlap, or
conflict with other Federal rules and is not expected to have a
significant impact on small organizations or government jurisdictions.
Furthermore, there would be little, if any, adverse economic impacts
from the proposed action based on gear type (deep- or shallow-set
longline) or relative vessel size among the affected entities. The
proposed action also will not place a substantial number of small
entities at a significant competitive disadvantage to large entities
because the fishery participants are all small entities.
For the reasons above, NMFS does not expect the proposed action to
have a significant economic impact on a substantial number of small
entities.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
[[Page 23390]]
List of Subjects in 50 CFR Part 665
Fisheries, Fishing, Hawaii, Longline, Limited access permit,
Pacific Islands, Western Pacific.
Dated: April 28, 2026.
Samuel D. Rauch III
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR part 665 as follows:
PART 665--FISHERIES IN THE WESTERN PACIFIC
0
1. The authority citation for part 665 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Amend Sec. 665.800 by adding, in alphabetical order, the definition
of ``Non-retention date'' to read as follows:
Sec. 665.800 Definitions.
* * * * *
Non-retention date means the date upon which the Regional
Administrator projects that a retention limit will be met and is the
date on which retention of a species identified under Sec. 665.813 is
prohibited as specified under Sec. 665.802, until the end of the
fishing year.
* * * * *
0
3. Amend Sec. 665.802 by adding paragraph (uu) to read as follows:
Sec. 665.802 Prohibitions.
* * * * *
(uu) Fail to immediately release any striped marlin captured on or
after the non-retention date in the Pacific Ocean north of the Equator
(0[deg] latitude) and west of 150[deg] W longitude by a vessel
registered for use under a longline permit issued under Sec.
665.801(b), in violation of Sec. 665.813(l).
* * * * *
0
4. Amend Sec. 665.813 by adding paragraph (l) to read as follows:
Sec. 665.813 Western Pacific longline fishing restrictions.
* * * * *
(l) Specification of striped marlin catch and longline retention
limits.
(1) The Regional Administrator shall by notice in the Federal
Register specify a U.S. catch limit and longline retention limit for
striped marlin for vessels registered for use under a longline permit
issued under Sec. 665.801(b) fishing in the Pacific Ocean north of the
Equator (0[deg] latitude) and west of 150[deg] W longitude.
(2) The U.S. catch limit will be consistent with the international
limit for the United States set by the Western and Central Pacific
Fisheries Commission.
(i) The international limit is based on a base limit for the United
States, plus available underage across all nations' catch of the stock
2 years prior minus any overage of the U.S. catch limit 2 years prior.
(ii) [Reserved]
(3) The longline retention limit will be 97 percent of the U.S.
catch limit.
(i) Catches in troll and handline fisheries, for which there are no
in-season catch estimates, are less than 3 percent of the total U.S.
catch of striped marlin on average each year. Setting the longline
retention limit at 97 percent ensures that when the catches from these
other fisheries are added post-season, the total U.S. catch limit is
not exceeded.
(ii) [Reserved]
(4) NMFS will monitor striped marlin landings with respect to the
limits established under paragraphs (l)(2) and (l)(3) of this section
using longline landings, data submitted in logbooks, and other
available information.
(5) When the longline retention limit is projected to be reached
based on analyses of available information in paragraph (l)(4) of this
section, the Regional Administrator shall provide notice in the Federal
Register. This notice will include an advisement of a non-retention
date beginning at a specified date, which is not earlier than 7 days
after the date of filing the non-retention date notice for public
inspection with the Office of the Federal Register.
(6) Once the non-retention date is noticed in the Federal Register
pursuant to paragraph (l)(5) of this section, a fishing vessel
permitted under a Hawaii longline limited access permit issued under
Sec. 665.801(b) may not be used to retain on board, transship, or land
striped marlin captured by longline gear in the Pacific Ocean north of
0[deg] latitude and west of 150[deg] W longitude from the non-retention
date through December 31 of that calendar year.
(i) Exception for striped marlin retained prior to the non-
retention date. Any striped marlin captured by longline gear in the
Pacific Ocean north of 0[deg] latitude and west of 150[deg] W longitude
already on board a fishing vessel registered for use with a Hawaii
longline limited access permit issued under Sec. 665.801(b) before the
non-retention date noticed pursuant to paragraph (l)(5) of this section
may be retained on board, transshipped, and/or landed, to the extent
authorized by applicable laws and regulations, provided that the
striped marlin is landed within 14 days after the effective non-
retention date.
(ii) [Reserved]
(7) All striped marlin captured by longline gear in the Pacific
Ocean north of 0[deg] latitude and west of 150[deg] W longitude on or
after the non-retention date noticed in the Federal Register pursuant
to paragraph (l)(5) of this section shall be immediately released.
[FR Doc. 2026-08502 Filed 4-30-26; 8:45 am]
BILLING CODE 3510-22-P
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