Rule2026-16077
Pacific Halibut Fisheries of the West Coast; Inseason Action for the 2026 Area 2A Pacific Halibut Directed Commercial Fishery
Primary source
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Published
August 6, 2026
Effective
August 18, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces an inseason action for the 2026 Pacific halibut non-Tribal directed commercial fishery in the International Pacific Halibut Commission's (IPHC) regulatory Area 2A. This action adds a fishing period, August 18 through August 20, 2026, with a fishing period catch limit of 5,000 pounds (lb) (2.27 metric tons (mt)) per vessel, dressed weight. This action is intended to provide additional opportunity for the fleet to achieve the 2026 non-Tribal directed commercial fishery allocation.
Full Text
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<title>Federal Register, Volume 91 Issue 150 (Thursday, August 6, 2026)</title>
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[Federal Register Volume 91, Number 150 (Thursday, August 6, 2026)]
[Rules and Regulations]
[Pages 50726-50728]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-16077]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[RTID 0648-XF926; Docket No. 260611-0141]
Pacific Halibut Fisheries of the West Coast; Inseason Action for
the 2026 Area 2A Pacific Halibut Directed Commercial Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment.
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SUMMARY: NMFS announces an inseason action for the 2026 Pacific halibut
non-Tribal directed commercial fishery in the International Pacific
Halibut Commission's (IPHC) regulatory Area 2A. This action adds a
fishing period, August 18 through August 20, 2026, with a fishing
period catch limit of 5,000 pounds (lb) (2.27 metric tons (mt)) per
vessel, dressed weight. This action is intended to provide additional
opportunity for the fleet to achieve the 2026 non-Tribal directed
commercial fishery allocation.
DATES: This rule is effective August 18, 2026, through August 20, 2026.
FOR FURTHER INFORMATION CONTACT: Louis Forristall, West Coast Region,
NMFS, (503) 230-5410, <a href="/cdn-cgi/l/email-protection#80eceff5e9f3aee6eff2f2e9f3f4e1ececc0eeefe1e1aee7eff6"><span class="__cf_email__" data-cfemail="7814170d110b561e170a0a110b0c1914143816171919561f170e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
[[Page 50727]]
Background
On June 16, 2026, NMFS published a final rule implementing fishing
periods (i.e., season dates) and fishing period limits (i.e., vessel
catch limits) for the IPHC Area 2A Pacific halibut non-Tribal directed
commercial fishery that operates south of Point Chehalis, WA, lat.
46[deg]53.30' N (91 FR 36094). The Area 2A non-Tribal directed
commercial fishery allocation for 2026 is 261,211 lb (118 mt), net
weight (i.e., the weight of Pacific halibut that is without gills and
entrails, head off, washed, and without ice and slime) (91 FR 14464,
March 25, 2026).
The initial fishing periods for the 2026 fishery occurred June 23-
25 and July 7-9, 2026, with fishing period limits ranging from 2,000 to
5,000 lb (0.907 to 2.268 mt), varying by vessel size class. A third
fishing period was added through an inseason action on July 20, 2026
(91 FR 45224), and occurred between July 21 and 23, 2026. Landings
information to date indicates that sufficient allocation remains to
warrant another additional fishing period. Approximately 157,617 lb (71
mt), net weight, have been harvested of the 261,211 lb (118 mt)
allocation (60 percent), through August 3, 2026, leaving 103,594 lb (47
mt) remaining (40 percent).
NMFS is implementing an additional fishing period not previously
implemented in the final rule on June 16, 2026 (91 FR 36094), in
accordance with 50 CFR 300.63(e)(1)(iii). Pursuant to the final rule
for the 2026 fishery, fishing period limits for any additional fishing
period(s) implemented through inseason action will be equal across
vessel size classes and developed based on the estimated remaining
allocation to date, projected participation, and catch rates for the
additional fishing period.
NMFS has determined that the following inseason action is necessary
to meet the management objective of attaining the non-Tribal directed
commercial fishery's 2026 allocation, not anticipated to risk exceeding
the allocation, and consistent with the inseason management provisions
at 50 CFR 300.63(e)(1)(iii).
Inseason Action
This inseason action implements an additional fishing period,
beginning August 18, 2026, at 8 a.m. Pacific Daylight Time (PDT) and
ending on August 20, at 6 p.m. PDT. This inseason action also
implements a fishing period catch limit of 5,000 lb (2.27 mt) per
vessel, dressed weight (head on, with ice and slime), for all vessel
size classes, during this fishing period.
On July 31, 2026, notice of this inseason action was sent via email
notification directly to the affected public.
Classification
NMFS issues this action pursuant to the Northern Pacific Halibut
Act of 1982. This action is taken under the regulatory authority at 50
CFR 300.63(e)(1)(iii) and is exempt from review under Executive Order
12866.
Pursuant to 5 U.S.C. 553(b)(3)(B), there is good cause to waive
prior notice and an opportunity for public comment on this action, as
notice and comment would be impracticable and contrary to the public
interest. There is good cause to waive prior notice and an opportunity
for public comment on this inseason action because the public had an
opportunity to comment on the final rule implementing the 2026 non-
Tribal directed commercial Pacific halibut fishery in Area 2A. The
final rule specifically provided that additional fishing periods and
fishing period limits may be set through inseason action during the
2026 fishing season, in accordance with 50 CFR 300.63(e)(1)(iii), if
another fishing period(s) is deemed necessary to attain the 2026
allocation. The final rule further specified that NMFS would open a
fourth 58-hour fishing period on August 18, 2026, at 8 a.m. PDT that
would close on August 20, 2026, at 6 p.m. PDT, through inseason action,
if a fourth fishing period is necessary to reach the allocation. The
final rule for the 2026 non-Tribal directed commercial fishery was
subject to notice and comment rulemaking. Therefore, the public had
specific notice and an opportunity to comment on NMFS' intent to
implement inseason action to open this fourth fishing period for the
non-Tribal directed commercial fishery during that rulemaking process.
Second, the California, Oregon, and Washington Departments of Fish
and Wildlife provide estimated harvest data to NMFS in season, tracking
the estimated catch of Pacific halibut within the fishery to date. As
of August 3, 2026, the Area 2A non-Tribal directed commercial fishery
caught an estimated 60 percent of the fishery's 2026 allocation. NMFS
uses current fishery harvest and participation estimates, and fishing
period catches from prior years, to determine whether additional
fishing periods are necessary to reach the fishery's annual allocation,
and to set fishing period limits for any additional fishing periods set
through inseason action. Given that harvest in the first three fishing
periods for the 2026 fishery is estimated to be below the allocation, a
fourth fishing period is considered necessary to maximize the
opportunity and likelihood that the fishery will attain its 2026
allocation.
The final rule implementing the 2026 fishing season sets the
regulated public's expectations for both the initial and additional
fishing periods for the fishery by setting a prescribed schedule in the
final rule (91 FR 36094, June 16, 2026). The regulated public needs
sufficient time to plan for additional fishing periods and makes
business planning decisions for the 2026 season, accordingly. The
annual directed commercial fishing season for Pacific halibut in Area
2A is relatively short and occurs primarily during the summer months.
As such, implementing this action through proposed and final rulemaking
would limit the benefit this action would provide to fishery
participants and there is good cause to waive notice and comment
rulemaking under 5 U.S.C. 553(b)(3)(B). Specifically, delaying this
inseason action for notice and comment rulemaking would be
impracticable and contrary to the public interest because it would
limit the rule's ability to create meaningful opportunity for the
fishery to achieve its 2026 allocation. Without implementation of an
additional fishing period, the fishery allocation would not be reached.
This would eliminate economic benefits for fishery participants and be
inconsistent with the goals of the Catch Sharing Plan. Finally, no
aspect of this action is controversial, and changes of this nature were
anticipated in the process described in regulations at 50 CFR
300.63(e)(1)(iii) and in the final rule (91 FR 36094, June 16, 2026).
NMFS has also determined that the 30-day delay in the date of
effectiveness required by 5 U.S.C. 553(d) does not apply to this
inseason action because this action relieves a restriction on the
fishery and there is good cause to waive the requirement pursuant to 5
U.S.C. 553(d)(1) and (d)(3), respectively.
The 30-day delay in effective date requirement pursuant to 5 U.S.C.
553(d)(1) does not apply to this inseason action because this inseason
action relieves a restriction by allowing participants to fish on the
additional fishing dates outlined in the final rule. Waiving the 30-day
delay in effectiveness thus provides additional opportunity for
commercial Pacific halibut fishermen to harvest Pacific halibut and
increases the likelihood of full utilization of the 2026 allocations in
Area 2A.
Additionally, there is good cause pursuant to 5 U.S.C. 553(d)(3) to
establish an effective date less than 30
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days after the date of publication, as a delay in effectiveness of this
action would: (1) constrain fishing opportunity; (2) be inconsistent
with the goals of the Catch Sharing Plan; and (3) potentially limit the
economic opportunity intended by this rule to the associated fishing
communities. NMFS regulations allow for implementing additional fishing
periods and setting period limits for the directed commercial fishery
inseason in order to provide opportunity for the fishery to achieve its
annual allocation, so long as this additional fishing will not result
in exceeding the catch limit for the fishery. NMFS recently received
landings data for the non-Tribal directed commercial fishery, that
indicates that an additional fishing period is necessary to ensure
optimal harvest of the allocation. The non-Tribal directed commercial
fishery's season is limited. Thus, timely action to implement
additional fishing periods is necessary to achieve the allocation. It
is therefore in the public interest that this action is not delayed,
because a delay in the effectiveness of this additional fishing period
could prevent the allocation objectives of the Area 2A Pacific halibut
non-Tribal directed commercial fishery from being met.
Authority: 16 U.S.C. 773-773k.
Dated: August 4, 2026.
Shannon Bettridge,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2026-16077 Filed 8-5-26; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 6, 2026.
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