Pacific Halibut Fisheries of the West Coast; Inseason Action for the 2026 Area 2A Pacific Halibut Directed Commercial Fishery

Issuing agencies

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, September 1 through September 3, 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 166 (Friday, August 28, 2026)</title>
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[Federal Register Volume 91, Number 166 (Friday, August 28, 2026)]
[Rules and Regulations]
[Pages 55497-55499]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17645]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 300

[RTID 0648-XF970; 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, September 1 through September 3, 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 September 1, 2026 at 8 a.m. Pacific 
daylight time (PDT), through September 3, 2026 at 6 p.m. PDT.

FOR FURTHER INFORMATION CONTACT: Louis Forristall, West Coast Region, 
NMFS, (503) 230-5410, <a href="/cdn-cgi/l/email-protection#6905061c001a470f061b1b001a1d0805052907060808470e061f"><span class="__cf_email__" data-cfemail="204c4f5549530e464f5252495354414c4c604e4f41410e474f56">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

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. Third and 
fourth fishing periods were added through inseason

[[Page 55498]]

actions on July 20, 2026 (91 FR 45224) and August 6, 2026 (91 FR 
50726), respectively. The third fishing period occurred between July 21 
and 23, 2026 and the fourth occurred between August 18 and August 20, 
2026. Both periods had 5,000 lb (2.27 mt) fishing period limits for all 
vessels. Landings information to date indicates that sufficient 
allocation remains to warrant another additional fishing period without 
exceeding the allocation. Approximately 209,796 lb (71 mt), net weight, 
have been harvested of the 261,211 lb (118 mt) allocation (80 percent), 
through August 25, 2026, leaving 51,415 lb (47 mt) remaining (20 
percent).
    NMFS is implementing an additional fishing period via inseason in 
accordance with 50 CFR 300.63(e)(1)(iii). Consistent with 50 CFR 
300.63(e)(1)(ii), and 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.
    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 September 1, at 8 a.m. PDT and ending on September 3, 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 August 25, 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)(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 implement additional 
58-hour fishing periods every 2 weeks, and that if a fishing period 
could not be scheduled in time it would take place on the next 2-week 
interval. The fifth fishing period would follow this pattern, beginning 
2 weeks after the fourth fishing period on September 1, 2026, at 8 a.m. 
PDT and closing on September 3, 2026, at 6 p.m. PDT. 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 fifth fishing period for the non-Tribal directed 
commercial fishery during that rulemaking process.
    Additionally, 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 25, 2026, the Area 2A non-Tribal directed commercial 
fishery caught an estimated 80 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 four fishing periods for the 2026 fishery is estimated to be 
below the allocation, a fifth 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 make 
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. 
The landings information needed to determine if additional openers are 
warranted is not available until less than 2 weeks before the opener 
would begin. Conducting notice and comment rulemaking to implement 
these additional openers would result in them being implemented well 
after 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)(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 described above. 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 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

[[Page 55499]]

regulations allow for implementing additional fishing periods and 
setting period limits for the directed commercial fishery inseason 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 26, 2026.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2026-17645 Filed 8-27-26; 8:45 am]
BILLING CODE 3510-22-P


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