Rule2026-18911
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
September 15, 2026
Effective
September 15, 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, September 15 through September 17, 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 177 (Tuesday, September 15, 2026)</title>
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[Federal Register Volume 91, Number 177 (Tuesday, September 15, 2026)]
[Rules and Regulations]
[Pages 58381-58382]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18911]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 300
[RTID 0648-XG055; 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 15 through September 17, 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 15, 2026, at 8 a.m. Pacific
daylight time (PDT), through September 17, 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#610d0e1408124f070e1313081215000d0d210f0e00004f060e17"><span class="__cf_email__" data-cfemail="016d6e7468722f676e7373687275606d6d416f6e60602f666e77">[email 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,
fourth, and fifth fishing periods were added through inseason actions
on July 20, 2026 (91 FR 45224), August 6, 2026 (91 FR 50726), and
August 28 (91 FR 55497), respectively. The third fishing period
occurred between July 21 and 23, 2026; the fourth occurred between
August 18 and 20, 2026; and the fifth occurred between September 1 and
3, 2026. All three additional 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, sixth
fishing period without exceeding the allocation. Approximately 223,761
lb (101 mt) net weight have been harvested of the 261,211 lb (118 mt)
allocation (86 percent) through September 10, 2026, leaving 37,450 lb
(17 mt) remaining (14 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 15, at 8 a.m. PDT and ending on September 17, 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 September 10, 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
[[Page 58382]]
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 sixth fishing period would follow this pattern, beginning
2 weeks after the fifth fishing period on September 15, 2026, at 8 a.m.
PDT and closing on September 17, 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 sixth 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 September 10, 2026, Area 2A non-Tribal directed commercial
fishery caught an estimated 86 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 five fishing periods for the 2026 fishery is estimated to be
below the allocation, a sixth 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.
The landings information needed to determine if additional openers are
warranted is not available until less than 2 weeks before the
additional 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 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: September 11, 2026.
Shannon Bettridge,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2026-18911 Filed 9-14-26; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on September 15, 2026.
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