Rule2026-12131
Pacific Halibut Fisheries of the West Coast; Annual Management Measures for the 2026 Area 2A Pacific Halibut Directed Commercial Fishery
Primary source
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Published
June 16, 2026
Effective
June 15, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is implementing annual management measures for the 2026 non-Tribal directed commercial Pacific halibut fishery that operates south of Point Chehalis, WA, (lat. 46[deg]53.30' N) in the International Pacific Halibut Commission's (IPHC) Regulatory Area 2A off Washington, Oregon, and California. Annual management measures include fishing periods and fishing period limits. This action is intended to conserve Pacific halibut, while providing fishing opportunity to achieve the Regulatory Area 2A allocation set by the IPHC.
Full Text
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<title>Federal Register, Volume 91 Issue 115 (Tuesday, June 16, 2026)</title>
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[Federal Register Volume 91, Number 115 (Tuesday, June 16, 2026)]
[Rules and Regulations]
[Pages 36094-36096]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-12131]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[RTID 0648-XF466; Docket No. 260611-0141]
Pacific Halibut Fisheries of the West Coast; Annual Management
Measures for the 2026 Area 2A Pacific Halibut Directed Commercial
Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS is implementing annual management measures for the 2026
non-Tribal directed commercial Pacific halibut fishery that operates
south of Point Chehalis, WA, (lat. 46[deg]53.30' N) in the
International Pacific Halibut Commission's (IPHC) Regulatory Area 2A
off Washington, Oregon, and California. Annual management measures
include fishing periods and fishing period limits. This action is
intended to conserve Pacific halibut, while providing fishing
opportunity to achieve the Regulatory Area 2A allocation set by the
IPHC.
DATES: Effective June 15, 2026.
FOR FURTHER INFORMATION CONTACT: Louis Forristall, West Coast Region,
NMFS, (503) 230-5410, <a href="/cdn-cgi/l/email-protection#0d616278647e236b627f7f647e796c61614d63626c6c236a627b"><span class="__cf_email__" data-cfemail="65090a100c164b030a17170c1611040909250b0a04044b020a13">[email protected]</span></a>
SUPPLEMENTARY INFORMATION:
Background
The Northern Pacific Halibut Act of 1982 (16 U.S.C. 773-773k;
Halibut Act) gives the Secretary of Commerce responsibility for
implementing the provisions of the Convention between Canada and the
United States for the Preservation of the Halibut Fishery of the North
Pacific Ocean and Bering Sea (Halibut Convention), signed in Ottawa,
ON, on March 2, 1953, as amended by a Protocol Amending the Convention,
signed in Washington, DC, on March 29, 1979. This responsibility
includes the responsibility to adopt regulations to carry out the
Halibut Act (16 U.S.C. 773c).
The Halibut Act provides that the regional fishery management
council with authority for the geographic area concerned may develop
regulations governing Pacific halibut fishing in U.S. waters that are
in addition to, and not in conflict with, approved IPHC regulations (16
U.S.C. 773c(c)). Such regulations ``shall only be implemented with the
approval of the Secretary of Commerce'' (16 U.S.C. 773c(c)). The
Pacific Fishery Management Council (Council) developed a catch sharing
plan (CSP) guiding the allocation of halibut across the various sectors
for the IPHC's Regulatory Area 2A. While the full CSP is not published
in the Federal Register, it is made available on the Council's website
at <a href="https://www.pcouncil.org/managed_fishery/pacific-halibut">https://www.pcouncil.org/managed_fishery/pacific-halibut</a>/.
Under the Halibut Act, the Secretary of State, with the concurrence
of the Secretary of Commerce, may accept or reject, on behalf of the
United States, regulations recommended by the IPHC in accordance with
the Halibut Convention (16 U.S.C. 773b). Following acceptance by the
Secretary of State, the annual management measures recommended by the
IPHC are published in the Federal Register through a NMFS rulemaking to
provide notice of their immediate regulatory effectiveness and to
inform persons subject to the regulations of their
[[Page 36095]]
restrictions and requirements (50 CFR 300.62).
This final rule implements management measures for the 2026 non-
Tribal directed commercial Pacific halibut fishery in Area 2A that are
not part of the annual IPHC regulations. The rule finalizes management
measures that were developed through the Council's public process over
multiple meetings. Additionally, the final rule adopts, without
changes, the management measures from the proposed rule published on
March 25, 2026 (91 FR 14516) (Proposed Rule).
Fishery Allocation
At its annual meeting held January 19-22, 2026, the IPHC adopted a
Regulatory Area 2A catch limit, referred to as the fishery constant
exploitation yield (FCEY), of 1.54 million pounds (lb) or 698.5 metric
tons (mt), net weight (i.e., the weight of Pacific halibut that is
without gills and entrails, head-off, washed, and without ice and
slime), of Pacific halibut. The FCEY is derived from the 2026 total
constant exploitation yield (TCEY) of 1.65 million lb (748 mt), net
weight, for Regulatory Area 2A, which includes commercial discards and
bycatch projections calculated using a formula developed by the IPHC.
On March 23, 2026, the Secretary of State accepted, with concurrence
from the Secretary of Commerce, the annual management measures,
Regulatory Area 2A TCEY, Regulatory Area 2A FCEY, and commercial and
recreational fishery allocations (in net weight) that were adopted by
the IPHC. These management measures, catch limits, and allocations were
subsequently published in the Federal Register in the Proposed Rule.
Based on the FCEY for Regulatory Area 2A and the allocation framework
in the Council's CSP, NMFS proposed a non-Tribal directed commercial
fishing allocation for the 2026 fishing season of 261,211 lb (118.5 mt)
net weight. The directed commercial fishing allocation for the 2026
fishing season in this final rule is unchanged from that in the
Proposed Rule.
Fishing Periods
Fishing periods, often referred to as fishery openers, are the time
during the IPHC's annual commercial halibut season when non-Tribal
directed commercial fishing for Pacific halibut in Regulatory Area 2A
is allowed. This action implements two 58-hour fishing periods. The
first fishing period will begin on June 23, 2026 at 8 a.m. (0800)
Pacific Daylight Time (PDT) and close on June 25, 2026 at 6 p.m. (1800)
PDT. The second fishing period will occur 2 weeks later, beginning on
July 7, 2026, at 8:00 a.m. (0800) PDT and closing on July 9, 2026, at
6:00 p.m. (1800) PDT. If another fishing period is necessary to attain
the allocation, NMFS intends to open a third 58-hour fishing period on
July 21, 2026 at 8 a.m. (0800) PDT that would close on July 23, 2026 at
6 p.m. (1800) PDT, through inseason action. If subsequent fishing
periods are necessary to reach the allocation, NMFS intends to have
them follow the same pattern, occurring 2 weeks after the previous
fishing period (beginning on August 4, beginning on August 18, etc.),
as announced by inseason action. If NMFS determines that additional
fishing periods are warranted, and if for any reason a fishing period
cannot be scheduled on this 2-week schedule, NMFS intends to skip a
fishing period to follow the outlined every 2-week schedule. NMFS will
use email addresses obtained from 2026 Pacific halibut directed
commercial fishery permit applications for email notice of inseason
actions. Fishing periods may be added inseason consistent with 50 CFR
300.63(e)(1)(iii).
Fishing Period Limits
A fishing period limit, also called a vessel catch limit, is the
maximum amount of Pacific halibut that may be retained and landed by a
vessel during one fishing period. Each vessel may retain no more than
the applicable fishing period limit of Pacific halibut for its vessel
size class, which is determined by vessel length. NMFS is implementing
the directed commercial fishing period limits, shown in table 1 below,
for the first two fishing periods.
Fishing period limits are intended to ensure that the Area 2A
directed commercial fishery does not exceed its allocation, while also
providing fair and equitable access across participants to an
attainable amount of harvest.
Table 1--Fishing Period Limits for the Initial Fishing Periods in 2026 of the Regulatory Area 2A Pacific Halibut
Non-Tribal Directed Commercial Fishery
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Length range in feet Fishing period limit in lb
Vessel class (meters) (mt)
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A-C..................................................... 1-35 (0.3-10.9) 2,000 (0.907)
D-E..................................................... 36-45 (11.0-13.9) 3,400 (1.542)
F-G..................................................... 46-55 (14.0-16.9) 4,300 (1.950)
H....................................................... 56+ (17.0+) 5,000 (2.268)
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Note: Fishing period limits are in dressed weight (head-on, with ice and slime). If a vessel's size is between
lengths, its length will be rounded up for the purpose of fishing period limits.
If NMFS determines that more than two fishing periods are
warranted, NMFS will set the fishing period limits for subsequent
fishing periods equal across all vessel classes through inseason action
consistent with 50 CFR 300.63(e)(1)(iii). Fishing period limits for the
second 2026 fishing period may also be adjusted through inseason action
consistent with 50 CFR 300.63, if necessary to avoid exceeding the
allocation. Inseason actions will be noticed via email to the affected
public, published in the Federal Register, and appear on the NMFS
website. Inseason actions will be effective upon the date and time of
either the receipt of notice of the direct email or publication in the
Federal Register, whichever occurs first.
Comments and Responses
NMFS published the Proposed Rule on March 25, 2026 and accepted
public comment on the 2026 Area 2A non-Tribal Pacific halibut directed
commercial fishery annual management measures through April 24, 2026.
NMFS received one public comment. The comment spoke generally in
opposition to fish consumption; however, the comment was not directly
responsive to this rulemaking. The comment did not warrant any changes
to the Proposed Rule.
Classification
This final rule is consistent with section 5 of the Halibut Act,
which gives relevant regional fishery management councils the authority
to develop regulations governing Pacific halibut fishing in U.S. waters
that are in
[[Page 36096]]
addition to, and not in conflict with, approved IPHC regulations, and
that ``shall only be implemented with the approval of the Secretary''
(16 U.S.C. 773c(c)).
This action is exempt from review under Executive Order (E.O.)
12866. This final rule is also exempt from the requirements of E.O.
14192 because it is a routine fishing action. A Treaty Tribal summary
impact statement under section (5)(b)(2)(B) and (c)(2) of E.O. 13175
was not required for this final rule because this action does not
impose substantial direct compliance costs on Treaty Tribal Governments
and this action does not preempt Treaty Tribal law. A Treaty Tribal
summary impact statement is not required and has not been prepared.
NMFS determined that the 30-day delay in the date of effectiveness
requirement does not apply pursuant to 5 U.S.C. 553(d)(1) and (3), and
the annual management measures for the 2026 directed commercial fishery
will take effect upon the filing of this rule with the Office of
Federal Register. Pursuant to 5 U.S.C. 553(d)(1), this rule relieves a
restriction on fishing. The fishery participants will be restricted
from fishing if this rule does not take effect by June 23, 2026.
Therefore, having this rule take effect upon filing with the Office of
the Federal Register will relieve a restriction on fishery participants
pursuant to 5 U.S.C. 553(d)(1).
Additionally, there is good cause under 5 U.S.C. 553(d)(3) for this
rule to take effect upon filing with the Office of the Federal
Register. Pursuant to 5 U.S.C. 553(d)(3), delaying the effective date
of the annual management measures contained in this rule would be
contrary to the public interest as it would prevent the directed
commercial fishery in Area 2A from beginning on time. Accordingly,
waiving the 30-day delay in effectiveness will benefit the public
because it will provide additional opportunity for commercial Pacific
halibut fishermen in 2026 and thus increase the likelihood of full
utilization of the 2026 allocations in Area 2A.
This rule implements Area 2A non-Tribal directed commercial fishery
management measures as published in the Proposed Rule and is based on
Council recommendations that followed a multi-meeting public Council
process. The non-Tribal directed commercial fishery has an average of
76 vessels participate annually, and similar participation is expected
in 2026. This seasonal fishery is typically open for approximately 7
days per year, spread over 2 months, and concludes in late August. The
fishery is important to many commercial fishermen on the U.S. West
Coast. In 2025, the ex-vessel revenue from the fishery was $2.37
million. A 30-day delay in the effectiveness of the measures in this
rule would result in the directed commercial fishery not being opened
on its intended timeline and, thus, the fishery not being open on the
dates that the affected public is expecting. Business decisions have
likely been made surrounding the fishery's anticipated opening date.
Further, due to the short nature of this summer fishery, pushing the
start date is not considered a viable option because such a delay would
disrupt normal fishing operations. Thus, a delayed effective date for
this rule would be contrary to the public interest as it could have a
substantial adverse economic impact on fishery participants and fishing
communities.
A delayed effective date is also not necessary to provide
sufficient notice to the fishing community. This rule does not
establish any new or unique regulations, nor otherwise make changes
that would require fishery participants to purchase new gear or make
other time-consuming adjustments. By contrast, this rule implements
routine fishery management measures that are similar year-to-year.
Further, the rule contains management measures for the fishery that
were recommended by the Council following a multi-meeting public
process, which included industry participation, and the final rule is
unchanged from the Proposed Rule. Therefore, a 30-day delay in
effectiveness is not needed to give the regulated community time to
adjust to the rule.
In conclusion, NMFS finds that the 30-day delay in effective date
does not apply to this final rule pursuant to 5 U.S.C. 553(d)(1) and
(3).
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities for purposes of the Regulatory Flexibility Act. The factual
basis for the certification was published in the Proposed Rule and is
not repeated here. No comments were received regarding this
certification. As a result, a final regulatory flexibility analysis was
not required for this action and none was prepared.
This final rule does not create any information collection requests
nor necessitate revision of existing approved information collection
requests under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.).
Dated: June 12, 2026.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2026-12131 Filed 6-15-26; 8:45 am]
BILLING CODE 3510-22-P
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