Proposed Rule2026-18031
Pacific Halibut Fisheries; Catch Sharing Plan; Modify Pacific Halibut Individual Fishing Quota (IFQ) Vessel Use Caps in IFQ Regulatory Areas 4A, 4B, 4C, 4D, and 4E
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 3, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes regulations to modify the Pacific halibut (halibut) Individual Fishing Quota (IFQ) Program to revise vessel harvest limitations for IFQ halibut harvested in IFQ regulatory Areas (Areas) 4A, 4B, 4C, 4D, and 4E by establishing a vessel harvest limit of five percent of the total annual commercial catch limit across Areas 4A, 4B, 4C, 4D, and 4E. This action would also exclude IFQ halibut harvest derived from quota held by a Community Quota Entity (CQE) in Area 4B from accruing under the proposed five percent vessel harvest limit across Areas 4A, 4B, 4C, 4D, and 4E. This action would provide additional flexibility for halibut IFQ Program fishery participants in Areas 4A, 4B, 4C, 4D, and 4E, where fishery conditions continue to be challenging. This action would promote the goals and objectives of the IFQ Program, the Northern Pacific Halibut Act of 1982 (Halibut Act), and other applicable laws.
Full Text
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<title>Federal Register, Volume 91 Issue 170 (Thursday, September 3, 2026)</title>
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[Federal Register Volume 91, Number 170 (Thursday, September 3, 2026)]
[Proposed Rules]
[Pages 56606-56611]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18031]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 260817-0010]
RIN 0648-BO24
Pacific Halibut Fisheries; Catch Sharing Plan; Modify Pacific
Halibut Individual Fishing Quota (IFQ) Vessel Use Caps in IFQ
Regulatory Areas 4A, 4B, 4C, 4D, and 4E
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 regulations to modify the Pacific halibut
(halibut) Individual Fishing Quota (IFQ) Program to revise vessel
harvest limitations for IFQ halibut harvested in IFQ regulatory Areas
(Areas) 4A, 4B, 4C, 4D, and 4E by establishing a vessel harvest limit
of five percent of the total annual commercial catch limit across Areas
4A, 4B, 4C, 4D, and 4E. This action would also exclude IFQ halibut
harvest derived from quota held by a Community Quota Entity (CQE) in
Area 4B from accruing under the proposed five percent vessel harvest
limit across Areas 4A, 4B, 4C, 4D, and 4E. This action would provide
additional flexibility for halibut IFQ Program fishery participants in
Areas 4A, 4B, 4C, 4D, and 4E, where fishery conditions continue to be
challenging. This action would promote the goals and objectives of the
IFQ Program, the Northern Pacific Halibut Act of 1982 (Halibut Act),
and other applicable laws.
DATES: Submit comments on or before October 5, 2026.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2026-1025">https://www.regulations.gov/docket/NOAA-NMFS-2026-1025</a>. You may
submit comments on this document, identified by NOAA-NMFS-2026-1025, by
any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type NOAA-NMFS-2026-1025 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
<bullet> Mail: Submit written comments to Gretchen Harrington,
Assistant Regional Administrator, Sustainable Fisheries Division,
Alaska Region NMFS. Mail comments to P.O. Box 21668, Juneau, AK 99802-
1668.
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).
Electronic copies of the draft Regulatory Impact Review for a
Proposed Regulatory Amendment to Adjust Vessel Cap Limitations for IFQ
Halibut Harvested in IPHC Regulatory Area 4 (referred to as the
Analysis) and the draft Categorical Exclusion prepared for this action
are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or from the NMFS Alaska
Region website at <a href="https://www.fisheries.noaa.gov/region/alaska">https://www.fisheries.noaa.gov/region/alaska</a>.
FOR FURTHER INFORMATION CONTACT: Lis Henderson, 907-586-7228,
<a href="/cdn-cgi/l/email-protection#7b17120855131e151f1e090814153b15141a1a551c140d"><span class="__cf_email__" data-cfemail="c1ada8b2efa9a4afa5a4b3b2aeaf81afaea0a0efa6aeb7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Authority for Action
The International Pacific Halibut Commission (IPHC) and National
Marine Fisheries Service (NMFS) manage fishing for halibut through
regulations established under the authority of the Halibut Act. The
IPHC promulgates regulations governing the halibut fishery under the
Convention between the United States of America and Canada for the
Preservation of the Halibut Fishery of the Northern Pacific Ocean and
Bering Sea (Convention). The IPHC's regulations are subject to approval
by the Secretary of State with the concurrence of the Secretary of
Commerce (Secretary). NMFS publishes the IPHC's regulations as annual
management measures pursuant to 50 CFR 300.62. The IPHC's 2026 annual
management measures were published in the Federal Register on March 25,
2026 (91 FR 14464).
The Halibut Act provides the Secretary with general responsibility
for carrying out the Convention and the Halibut Act, including the
authority to adopt regulations necessary to carry out the purposes and
objectives of the Convention (16 U.S.C. 773c(a) and (b)). The Halibut
Act also provides the North Pacific Fishery Management Council
(Council) with authority to develop recommendations for regulations,
including limited access regulations, that are in addition to, and not
in conflict with, IPHC regulations (16 U.S.C. 773c(c)). Regulations the
Council recommends may be implemented by NMFS only after approval by
the Secretary.
The Council has exercised its authority to develop recommendations
for halibut management programs for the subsistence, sport, and
commercial halibut fisheries off Alaska. The Secretary has exercised
its authority to implement the commercial halibut IFQ fishery
management program, also known as ``the IFQ Program'' (58 FR 59375,
November 9, 1993). The IFQ Program for the halibut fishery is
implemented by Federal regulations at 50 CFR part 679.
Background
This proposed rule would modify the vessel harvest limitations for
IFQ halibut harvested in Areas 4A, 4B, 4C, 4D, and 4E (collectively
referred to in this preamble as ``Area 4''). This action is intended to
provide additional flexibility to vessels harvesting IFQ halibut in
Area 4 and to encourage harvest of CQE-derived IFQ halibut in Area 4B.
This section provides brief descriptions of: (1) the IFQ Program; (2)
IFQ halibut vessel use caps; and (3) catch utilization in Area 4. A
more detailed description of the background information and need for
this proposed rule is provided in the Analysis prepared for this action
(see ADDRESSES).
[[Page 56607]]
IFQ Program
Commercial halibut and sablefish fisheries in Alaska are subject to
regulation under the IFQ Program and the Western Alaska Community
Development Quota (CDQ) Program (50 CFR part 679). A key objective of
the IFQ Program is to support the social and economic character of the
fisheries and the coastal fishing communities where many of these
fisheries are based. Because this rule is specific to the IFQ halibut
fishery, reference to the IFQ Program in this preamble is specific to
halibut unless otherwise noted.
The IFQ halibut fishery is managed in specific Areas, which are
defined as follows: Area 2C (Southeast Alaska), Area 3A (Central Gulf
of Alaska), Area 3B (Western Gulf of Alaska), and Area 4 (subdivided
into five Areas: 4A (eastern Aleutian Islands); 4B (central and western
Aleutian Islands); and 4C, 4D, and 4E (Bering Sea)). These Areas are
described in figure 15 to 50 CFR part 679.
The IFQ halibut fishery is limited to persons holding quota share
(QS), which is the limited access permit NMFS uses to calculate a
person's IFQ each year. Halibut QS is designated for a specific
geographic area of harvest, for a specific vessel operation type
(catcher vessel (CV) or catcher/processor), and for a specific range of
vessel sizes that may be used to harvest the halibut (vessel category).
Out of the four vessel categories of halibut QS, category A shares
authorize catching and processing halibut onboard vessels of any length
(e.g., catcher/processor or freezer longline vessels), whereas category
B, category C, and category D shares authorize IFQ halibut to be caught
on CVs that meet specific length designations (50 CFR 679.40(a)(5)).
There are also vessel harvest limits, commonly known as ``vessel use
caps,'' on how much IFQ halibut a vessel may harvest each year in Areas
2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E. Throughout this preamble, the term
``vessel use cap'' refers to regulations applicable to the IFQ halibut
fishery (Sec. 679.42(h)(1)).
NMFS issues IFQ permits to each qualified QS holder annually. An
IFQ permit authorizes a permit holder to harvest a specified amount of
a particular IFQ species in an area and specified vessel category,
consistent with the QS they hold. IFQ is expressed in pounds (lb) and
is based on the amount of QS held by the permit holder in relation to
the total QS pool for each area with an assigned catch limit.
The IFQ Program also establishes: (1) limits on the maximum amount
of QS that a person could use (i.e., the amount of QS that could be
used to receive annual IFQ) (Sec. 679.42(f)); (2) limits on the number
of small amounts of indivisible QS units, known as QS blocks, that a
person can hold (Sec. 679.42(g)); (3) limits on the ability of IFQ
assigned to one CV vessel category (vessel category B, C, or D) to be
fished on a different (larger) vessel category with some limited
exceptions (Sec. 679.42(a)(2)); and (4) limits on the maximum amount
of IFQ halibut that may be harvested by a vessel during an IFQ fishing
year (Sec. 679.42(h)). Only qualified individuals and initial
recipients of QS are eligible to hold CV QS, and they are required to
be on the vessel when the IFQ is being fished, with a few limited
exceptions (Sec. 679.41(i)). All of these limitations were established
to retain the owner-operator nature of the CV halibut IFQ fisheries,
limit consolidation of QS, and ensure the annual IFQ is not harvested
on a small number of larger vessels.
An eligible CQE is authorized to hold halibut QS in Area 4B on
behalf of the community of Adak, Alaska (79 FR 8870, February 14,
2014). A CQE is a NMFS-approved non-profit organization that represents
small, remote, coastal communities that meet specific criteria to
purchase and hold QS on behalf of an eligible community. The CQE holds
QS and leases the IFQ derived from the underlying QS to eligible
community residents. NMFS also allocates halibut to the CDQ Program in
Areas 4B, 4C, 4D, and 4E (Sec. 679.31(a)(2)), but those allocations
are not subject to a vessel use cap and are not affected by this
rulemaking.
Halibut IFQ Vessel Use Caps
The IFQ Program uses vessel use caps to limit the maximum amount of
halibut that can be harvested on any one vessel. Vessel use caps are
used to limit halibut IFQ consolidation on vessels and to preserve
opportunities for smaller operations that would not otherwise
participate in the fishery if additional consolidation occurs.
Vessel limits, or vessel use caps, are intended to help ensure that
a minimum number of vessels are engaged in the halibut IFQ fishery and
to address concerns about the socio-economic impacts of consolidation
under the IFQ Program. For additional detail on vessel use caps, see
the preamble to the proposed rule for the IFQ Program (57 FR 57130,
December 3, 1992).
Several vessel use caps apply to vessels harvesting IFQ halibut
during any fishing year (Sec. 679.42(h)). In Areas 2C, 3A, 3B, 4A, 4B,
4C, 4D, and 4E, no vessel can be used to harvest more IFQ halibut than
one-half percent of the combined total catch limits of halibut of those
areas (this is also referred to as the ``Alaska coastwide'' vessel use
cap in this preamble and proposed regulations and is currently
specified at Sec. 679.42(h)(1)). There is a temporary exception that
exempts vessels harvesting IFQ halibut in Areas 4A, 4B, 4C, and 4D from
this Alaska coastwide vessel use cap through 2027 (Sec.
679.42(h)(1)(iii)). Notably, halibut harvested in Area 4E is currently
entirely allocated under the CDQ Program, and CDQ is not subject to IFQ
Program vessel use caps specified at Sec. 679.42(h). Additionally, no
vessel fishing in Area 2C may be used to harvest more than one percent
of the annual commercial catch limit for halibut in Area 2C (Sec.
679.42(h)(1)(i)). Finally, no vessel may be used, during any fishing
year, to harvest more than 50,000 lb (22.7 metric tons (mt)) of IFQ
halibut derived from QS held by a CQE as specified at Sec.
679.42(h)(1)(ii).
The specific weight limits of the Alaska coastwide (Sec.
679.42(h)(1)) and Area 2C (Sec. 679.42(h)(1)) IFQ halibut vessel use
caps in any given year depend on the applicable annual commercial catch
limits for IFQ halibut.
Regulations at 50 CFR 300.61 define ``annual commercial catch
limit'' three different ways, depending on the IFQ regulatory Area: (1)
for Areas 2C and 3A, Area-specific annual commercial catch limits are
calculated as the Area-specific annual commercial allocation minus an
Area-specific estimate of commercial halibut wastage; (2) for Areas 3B
and 4A, Area-specific annual commercial catch limits are the total
allowable removals by persons fishing IFQ halibut; and (3) for Areas
4B, 4C, 4D, and 4E, Area-specific annual commercial catch limits are
the annual total allowable halibut removals by persons fishing IFQ and
CDQ. These Area-specific annual commercial catch limits for IFQ halibut
(as specified in the regulations at Sec. 300.61) are derived from
management measures which NMFS publishes annually as specified at Sec.
300.62 (NMFS publishes these Area-specific annual commercial catch
limits for public viewing at <a href="https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports</a>). The 2026
annual management measures were published in the Federal Register on
March 25, 2026 (91 FR 14464). Calculated as proportions of the
applicable annual commercial catch limits, the 2026 Alaska coastwide
and Area 2C IFQ halibut vessel use caps are 69,540 lb (31.5 mt) and
28,100 lb (12.7 mt), respectively.
[[Page 56608]]
Since 2020, the Council has recommended, and NMFS has implemented,
multiple separate, temporary actions related to IFQ halibut vessel use
caps which have, in effect, removed these caps in Areas 4B, 4C, and 4D
for IFQ fishing years 2020-2027 and in Area 4A for 2021-2027 (85 FR
41197, July 9, 2020; 86 FR 28294, May 26, 2021; 87 FR 34215, June 6,
2022; 88 FR 48137, July 26, 2023). Area 4E was not included in these
actions because all Area 4E halibut IFQ is allocated under the CDQ
Program, which is exempt from vessel use caps specified at Sec.
679.42(h). The Council recommended and NMFS implemented each of these
temporary actions to provide interim flexibility to IFQ halibut fishery
participants in Area 4 while analyzing the longer-term adjustments
proposed in this action. Without additional action to modify Area 4
vessel use caps, the temporary removal of vessel use caps will expire,
and the Alaska coastwide vessel use cap as specified at Sec.
679.42(h)(1) would apply to all Area 4 halibut IFQ fishing activity
beginning in the 2028 fishing season. When describing the impacts of
this proposed rule, NMFS focuses on the impacts of the action after the
2027 fishing season (when prior actions removing the cap expire and the
Alaska coastwide vessel use cap would again apply to vessels fishing in
Area 4).
Need for Action
Across all Areas, IFQ halibut annual commercial catch limits have
decreased dramatically since the early years of the IFQ Program. As
commercial catch limits have declined, particularly since the early
2000s, vessel use caps (calculated as a percentage of combined annual
commercial catch limits across applicable Areas) have declined as well.
Sections 3.2 and 3.3 of the Analysis (see ADDRESSES) demonstrate
how reduced vessel use caps, as a function of lower commercial catch
limits, inhibit the ability of vessels to operate efficiently,
particularly in Area 4. The length of vessels harvesting IFQ halibut in
Area 4 has increased in recent years, possibly necessitated by the need
to travel longer distances between fishing grounds and a reduced number
of active processing facilities. Due to the need for larger vessels to
harvest greater amounts of fish in order to operate efficiently,
vessels harvesting IFQ halibut in Area 4 also tend to operate closer to
vessel use caps than in other Areas. IFQ halibut fishery participants
have also reported increased incidents of whale depredation, further
reducing operating efficiency. These factors affecting operating
efficiency have led to reduced catch utilization (i.e., percent of area
commercial catch limits harvested) since 2015, particularly in Area 4.
Observed vessel-level harvest amounts under the recent removal of
Area 4 vessel use caps suggest that raising vessel use caps may enable
individual vessels to harvest greater amounts of IFQ halibut,
potentially leading to greater catch utilization across Area 4. Larger
vessel use caps in Area 4 would also allow crew members to consolidate
their fishing effort across fewer vessels, potentially reducing time
and financial burdens associated with cross-vessel coordination for
crew members harvesting IFQ halibut on multiple vessels.
Proposed Action and Effects
This proposed rule would modify the halibut IFQ vessel use caps to:
(1) establish a vessel use cap in Area 4 of five percent of the
combined Area 4 commercial catch limits that would be separate from and
could exceed the Alaska coastwide vessel use cap; (2) exempt IFQ
halibut harvested in Area 4B, and derived from CQE-held QS, from
counting toward the new five percent vessel use cap in Area 4; (3)
clarify how IFQ halibut catch in Area 4 counts toward the existing
Alaska coastwide vessel use cap; and (4) remove the temporary provision
that removed vessel use caps in Area 4 in the years 2023 through 2027.
The Council recommended, and NMFS proposes, this action to provide
additional flexibility for IFQ Program participants in Area 4, where
fishery conditions continue to be challenging, and to provide further
incentive for vessels to harvest CQE-derived IFQ halibut in Area 4B,
which has been underexploited in recent years (Section 1 of the
Analysis; see ADDRESSES).
Under this proposed rule, the three existing vessel use caps would
continue to apply: (1) the Alaska coastwide cap; (2) the Area 2C cap;
and (3) the CQE cap. Proposed regulations at Sec. 679.42(h)(1) are
reorganized and labels are added to add a heading for each vessel
limitation. These vessel limits are also described above under the
Halibut IFQ Vessel Use Caps section of this preamble. As specified in
current regulations, vessels would continue to be limited by the Alaska
coastwide, Area 2C, and CQE vessel use caps as follows: (1) no vessel
would be permitted to harvest more than one-half percent of the
combined IFQ halibut catch limits across Areas 2C, 3A, 3B, 4A, 4B, 4C,
4D, and 4E (proposed Sec. 679.42(h)(1)(i)); (2) no vessel operating in
Area 2C would be permitted to harvest more than one percent of the IFQ
halibut catch limit in Area 2C (proposed Sec. 679.42(h)(1)(ii)); and
(3) no vessel would be permitted to harvest more than 50,000 lb (22.7
mt) of CQE-derived IFQ halibut (proposed Sec. 679.42(h)(1)(iv)). In
addition to reorganization of the three existing and continuing vessel
cap requirements, the proposed regulations would remove the provision
that temporarily removed vessel use caps in Area 4 from 2023-2027,
effectively replacing that provision with the halibut IFQ vessel limits
proposed in this action.
NMFS proposes regulations at Sec. 679.42(h)(1)(iii) to implement a
five percent vessel use limit for IFQ halibut harvested in Areas 4A,
4B, 4C, 4D, and 4E. This Area 4 vessel use limit could exceed the
Alaska coastwide vessel use limit. Under the proposed regulations, when
this Area 4 vessel use limit exceeds the Alaska coastwide vessel use
limit, harvest of IFQ halibut in Area 4 in an amount equal to the
difference between the Area 4 limit and the Alaska coastwide limit
would not accrue towards the Alaska coastwide limit. The Council
recommended, and NMFS proposes, this revision to allow greater
flexibility to vessels that are otherwise constrained by the one-half
percent vessel use cap that would be applicable without this action to
increase the vessel use cap in Area 4.
Section 3.3.2 of the Analysis (see ADDRESSES) demonstrates that the
proposed five percent vessel use cap in Area 4 would generally be a
larger amount of IFQ halibut than the coastwide vessel use cap. Based
on the 2026 annual management measures (91 FR 14464, March 25, 2026),
had this Area 4 vessel use cap been in place in 2026, it would have
been 132,900 lb (60.3 mt), which is 63,360 lb (28.7 mt) greater than
the 2026 coastwide vessel use cap of 69,540 lb (31.5 mt).
In recommending this action to increase the Area 4 vessel use cap,
the Council also recommended, and NMFS proposes, new regulations at
Sec. 679.42(h)(1)(v) to specify how each of these vessel limits is
applied and to adjust the amount of Area 4 landings that count toward
the existing Alaska coastwide vessel use cap so that the addition of a
greater Area 4 cap does not impact the order in which fishery
participants harvest IFQ halibut across Areas. A vessel may operate in
Areas 2C, 3A, 3B, and Area 4 in any order. If a vessel harvests IFQ
halibut in Area 4 before harvesting IFQ halibut in Areas outside Area
4, the amount of Area 4 landings that count toward the Alaska coastwide
vessel use cap will be adjusted. During years in which the Area 4
vessel use cap amount is greater than the Alaska coastwide vessel use
[[Page 56609]]
cap amount, an amount up to the difference between the Area 4 and
Alaska coastwide cap amounts will be subtracted from Area 4 landings
before counting towards the Alaska coastwide vessel use cap.
Under this action, IFQ halibut landings in Area 4, up to an amount
equal to the difference between the proposed five percent Area 4 limit
and the existing Alaska coastwide limit (63,360 lb (28.7 mt) using the
2026 example), would not accrue towards the Alaska coastwide vessel
limit. By excluding an amount of IFQ halibut catch up to the difference
between the Area 4 cap (larger), and the Alaska coastwide cap
(smaller), the order in which a vessel harvests halibut IFQ across
Areas would not matter. For example, a vessel operating under the 2026
catch limits harvests 100,000 lb (45.4 mt)) in Area 4 and deducts the
difference between the Area 4 and Alaska coastwide vessel limits
(63,360 lb (28.7 mt)) before the remaining Area 4 landings apply to the
Alaska coastwide vessel limit. This would allow that vessel to harvest
an additional 32,900 lb (14.9 mt) across Areas 2C, 3A, and 3B under the
2026 Alaska coastwide vessel limit (69,540 lb (31.5 mt)).
The proposed regulations at Sec. 679.42(h)(1)(iii) would exclude
IFQ halibut derived from CQE-held QS in Area 4B from counting towards
the proposed five percent Area 4 vessel use cap. The Council
recommended this exclusion to provide further incentive for vessels to
fish CQE-derived IFQ halibut in Area 4B. Additionally, proposed
regulations at Sec. 679.42(h)(1)(v)(A) clarify that, while CQE-derived
IFQ halibut harvested in Area 4B would not count toward the proposed
Area 4 vessel limit, all CQE-derived IFQ halibut would continue to
count toward the Alaska coastwide vessel limit.
Proposed regulations at Sec. 679.42(h)(1) also include revisions
to update language referring to ``annual commercial catch limits''
(currently referred to as ``total catch limits'' under Sec.
679.42(h)(1)). The meaning of ``annual commercial catch limit'' for
each IFQ regulatory Area is currently specified in regulations at Sec.
300.61. The revised language in this proposed rule clarifies the
existing process for calculating the vessel limits and does not change
the calculation of vessel limits.
The Council recommended, and NMFS proposes, this action to provide
additional flexibility and stability to IFQ Program participants and
vessel operators harvesting IFQ halibut in Area 4. This proposed rule
would increase efficiency and utilization of quota and fishery revenues
in Area 4 by providing additional harvest opportunities on vessels that
have previously been constrained by vessel harvest limitations. This
action would also help to maintain entry level opportunities for
vessels and continue to support sustained participation by fishery
dependent communities in the IFQ Program. Furthermore, a five percent
Area 4 vessel use cap may afford vessel owners and crew members the
opportunity to plan long-term operations to take advantage of the
flexibility provided by this action, potentially increasing the number
of fishery participants harvesting IFQ halibut in Area 4.
While this action would allow vessels that are otherwise
constrained by the one-half percent Alaska coastwide vessel use cap to
harvest some additional quota in Area 4, other aspects of the IFQ
Program remain unchanged and would continue to limit consolidation in
the IFQ halibut fishery. These include the limits on the number of QS
blocks that restrict how QS can be consolidated, limits on IFQ use, and
limited transfer provisions, that help to retain the owner-operator
nature of the catcher vessel fisheries and limit consolidation of QS
(Sec. 679.42(f)).
This proposed action is not in conflict with any existing
regulations adopted by the IPHC and is consistent with requirements
under the Halibut Act. This action would not modify any other aspects
of the IFQ Program. It is within the authority of the Secretary to
establish additional regulations governing the catch of halibut under
the provisions of the Halibut Act. Specific to the Halibut Act, this
action does not discriminate against residents of different states and
would allow flexibility in harvesting IFQ halibut for vessels in Area 4
regardless of home state.
Classification
Regulations governing the U.S. fisheries for halibut are developed
by the IPHC, the Pacific Fishery Management Council, the Council, and
the Secretary. Section 5 of the Halibut Act allows the regional Fishery
Management Council having authority for the geographic area concerned
to develop regulations governing the allocation and catch of halibut in
the United States portion of Convention waters provided those
regulations do not conflict with IPHC regulations (16 U.S.C. 773c).
This proposed action does not conflict with IPHC regulations and is
consistent with the Council's authority to develop regulations
governing the catch of halibut by fishery participants in Convention
waters off Alaska.
This proposed rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Regulatory Impact Review
A Regulatory Impact Review (RIR) was prepared to assess all costs
and benefits of available regulatory alternatives. The RIR contains a
description of the purpose and need for the proposed action, the
statutory authority for the proposed action, and descriptions of the
alternatives, including the status quo. A copy of the RIR, which is
referred to as the Analysis in the preamble of this proposed rule, is
available from NMFS (see ADDRESSES). The Council recommended this
proposed rule based on those measures that would maximize net benefits
to the nation. Specific aspects of the economic analysis are discussed
below in the Regulatory Flexibility Act (RFA) section.
Regulatory Flexibility Act (RFA)
The Senior Lead 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 factual basis for this determination is as follows. A
description of the proposed rule, why it is being considered, and the
objectives of, and legal basis for, this proposed rule are contained at
the beginning of this proposed rule in the preamble and in the SUMMARY
section. The Halibut Act (16 U.S.C. 773-773k) provides the statutory
basis for this rule. No duplicative, overlapping, or conflicting
Federal rules have been identified.
The RIR prepared for this action contains a description of the
purpose and need for the proposed action, the statutory authority for
the proposed action, and a description of the alternatives, including a
description of the status quo. This action would directly regulate the
owners and operators of vessels that harvest IFQ halibut in IFQ
regulatory Areas 4A, 4B, 4C, 4D, or 4E. Across IFQ Areas, IFQ halibut
catch limits have decreased dramatically since the early years of the
IFQ program. As annual commercial catch limits have declined since the
early 2000s, vessel use caps (calculated
[[Page 56610]]
as a percentage of annual commercial catch limits) have declined as
well. Due to lower annual commercial catch limits, vessel activity has
significantly reduced in recent years. Furthermore, catch utilization
(i.e., the percent of area-specific annual commercial catch limits
harvested) declined, particularly in Area 4.
NMFS has taken multiple, separate, temporary actions related to IFQ
halibut vessel use caps since 2020 which have, in effect, removed these
caps in Areas 4B, 4C, and 4D for IFQ fishing years 2020-2027 and in 4A
for 2021-2027 (85 FR 41197, July 9, 2020; 86 FR 28294, May 26, 2021; 87
FR 34215, June 6, 2022; 88 FR 48137, July 26, 2023). In the absence of
this action, after the 2027 fishing season, all vessels harvesting Area
4 IFQ halibut would be subject to the vessel use cap of one-half
percent of the combined annual commercial catch limits across IFQ Areas
2C, 3A, 4A, 4B, 4C, 4D, and 4E.
In considering which entities are ``directly regulated,'' the
operative phrase in the proposed action under consideration is:
``create new vessel limitations specific to IFQ regulatory Area 4.''
Under the proposed regulations, the universe of entities that might be
directly regulated by this action is limited to the vessels that have
traditionally harvested halibut IFQ in Area 4A, 4B, 4C, or 4D. However,
this action only directly regulates vessels to the extent that they
choose to take advantage of the increased vessel use cap limitation.
The thresholds applied to determine if an entity or group of
entities are ``small'' under the RFA depend on the industry
classification for the entity or entities. Under the RFA, businesses
classified as primarily engaged in commercial fishing (NAICS 114111)
are considered small entities if they have combined annual gross
receipts not in excess of $11 million for all affiliated operations
worldwide, regardless of the type of fishing operation (80 FR 81194,
December 29, 2015). If a vessel has a known affiliation with other
vessels (e.g., through a business ownership or through a cooperative)
it is measured against the small entity threshold based on the total
gross revenues of all affiliated vessels.
There is a lag for revenue data due to the publishing and review
schedule. Therefore, 2024 represents the most up-to-date set of gross
revenue data by vessel. 2024 revenue data exist for 87 vessels that
actively participated in the halibut IFQ fishery in Areas 4A, 4B, 4C,
and 4D from 2020-2024. Of the 87 vessels, 85 were considered small
entities in 2024. The increased flexibility afforded by this proposed
action would affect individual vessels to the extent that each vessel
operator chooses to use the flexibility; observed vessel-level harvests
under the temporary vessel use cap exemptions in Area 4 do not indicate
disproportionate usage of the flexibility by larger vessels. Though
this action does not directly affect CDQ groups, some vessels that are
affected by this action may be fully or partially owned by CDQ groups.
Six CDQ groups are considered to be small entities under the RFA.
The proposed regulations would provide additional flexibility to
IFQ participants to ensure allocations of halibut IFQ can be harvested
by the limited number of vessels operating in these Areas. The added
flexibility under this proposed rule would not rise to a level that
would constitute significant economic impacts on IFQ participants
because this proposed rule does not increase catch limits in Area 4.
This proposed rule only provides additional operational flexibility
which may improve the efficiency of harvesting available halibut IFQ
and therefore has the potential to increase utilization and harvest of
halibut IFQ in Area 4. The proposed action would not modify the primary
economic benefit of this fishery that results from the allocation of
halibut QS and resulting harvest of halibut IFQ. Overall, area-specific
halibut catch limits are not affected by this action and would continue
to be limited by existing catch limits. Observed vessel-level harvest
amounts under the recent removals of Area 4 vessel use caps suggests
that permanently raising Area 4 caps would enable individual vessels to
harvest greater proportion of the available IFQ halibut in Area 4. In
turn, crew members could potentially consolidate their own fishing
efforts to harvest their full halibut IFQ across fewer vessels, thereby
reducing time and financial burdens associated with cross-vessel
coordination. In the long-term (after the 2027 fishing season), the
regulations proposed by this action would add increased, yet limited,
flexibility for vessels to consolidate IFQ halibut harvest across
vessels operating in Area 4, thereby allowing for increased catch
utilization and vessel efficiency. Furthermore, other aspects of the
IFQ Program remain unchanged by this action and would continue to limit
consolidation in the fishery.
This action would also exclude Area 4B CQE-derived IFQ halibut from
counting towards the five percent Area 4 vessel use cap, thereby
providing additional flexibility to vessels operating in Area 4 that
may also want to harvest CQE-derived IFQ halibut in Area 4B. This
flexibility may in turn increase the pool of vessels available to
harvest IFQ halibut in Area 4B, which has been underexploited in recent
years.
The increased Area 4 vessel use caps proposed by this action may be
particularly beneficial to vessels that have been constrained by
declining annual catch limits in recent years. Individual vessels may
choose to take advantage of increased vessel-level harvest flexibility,
potentially helping to offset operational costs (i.e., fuel) and
thereby increase net revenue. However, this action will not affect the
primary economic benefit of this fishery to participants, the amount of
halibut they can harvest. Due to the anticipated minor economic
benefits this action may have on small, directly regulated entities,
this action is not expected to have a significant economic impact on a
substantial number of the small entities directly regulated by this
proposed action. As a result, an initial regulatory flexibility
analysis is not required and none has been prepared.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Dated: August 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 679 as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
1. The authority citation for part 679 continues to read as follows:
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108-447; Pub. L. 111-281.
0
2. Amend Sec. 679.42 by revising paragraph (h)(1) to read as follows:
Sec. 679.42 Limitations on use of QS and IFQ.
* * * * *
(h) * * *
(1) Halibut. During any fishing year, vessels harvesting IFQ
halibut in IFQ regulatory areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E are
subject to vessel limitations as follows:
(i) Alaska Coastwide Vessel Limit. For purposes of paragraph (h)(1)
of this section, ``Alaska coastwide'' collectively refers to IFQ
regulatory areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E. No vessel may be
used to harvest more IFQ halibut than one-half percent of the Alaska
[[Page 56611]]
coastwide annual commercial catch limit.
(ii) Area 2C Vessel Limit. No vessel may be used to harvest more
IFQ halibut than 1 percent of the IFQ regulatory area 2C annual
commercial catch limit.
(iii) Area 4 Vessel Limit. For purposes of paragraph (h)(1) of this
section, ``area 4'' collectively refers to IFQ regulatory areas 4A, 4B,
4C, 4D, and 4E. No vessel may be used to harvest more IFQ halibut than
5 percent of the area 4 annual commercial catch limit. IFQ halibut
derived from CQE-held QS in IFQ regulatory area 4B does not count
toward this area 4 vessel limit.
(iv) CQE Vessel Limit. No vessel may be used to harvest more than
50,000 lb (22.7 mt) of IFQ halibut derived from QS held by a CQE, and
no vessel used to harvest IFQ halibut derived from QS held by a CQE may
be used to harvest more IFQ halibut than the vessel limits specified in
paragraphs (h)(1)(i) through (iii) of this section.
(v) Calculations. Vessel limitations (specified in paragraphs
(h)(1)(i) through (iv) of this section) are applied at the time of
landing and are calculated for each vessel as follows:
(A) Alaska Coastwide Vessel Limit. A vessel's Alaska coastwide
vessel limit is calculated as the sum of all properly debited landings
of IFQ halibut in IFQ regulatory areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and
4E (including IFQ halibut derived from CQE-held QS). However, in any
fishing year in which the area 4 vessel limit is greater than the
Alaska coastwide vessel limit, the amount of a vessel's harvest of IFQ
halibut in area 4 equal to the difference between the area 4 vessel
limit and the Alaska coastwide vessel limit will not count towards the
Alaska coastwide vessel limit.
(B) Area 2C Vessel Limit. A vessel's IFQ regulatory area 2C vessel
limit is calculated as the sum of all properly debited landings of IFQ
halibut harvested in IFQ regulatory area 2C.
(C) Area 4 Vessel Limit. A vessel's IFQ regulatory area 4 vessel
limit is calculated as the sum of all properly debited landings of IFQ
halibut harvested in area 4, with the exception of IFQ halibut derived
from CQE-held QS in IFQ regulatory area 4B.
(D) CQE Vessel Limit. A vessel's CQE vessel limit is calculated as
the sum of all properly debited landings of IFQ halibut derived from
CQE-held QS.
* * * * *
[FR Doc. 2026-18031 Filed 9-2-26; 8:45 am]
BILLING CODE 3510-22-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.