Proposed Rule2026-22815
Pacific Island Fisheries; Commercial Fishing in the Pacific Remote Islands Marine National Monument Expansion
Primary source
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Published
November 9, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes to amend regulations that prohibit commercial fishing in the Pacific Remote Islands Marine National Monument Expansion (PRIMNM Expansion), which comprises waters of the U.S. exclusive economic zone (EEZ) between 50 to 200 nautical miles (nmi; 93 to 370 kilometers (km)) around Johnston Atoll and Wake and Jarvis Islands. This action is necessary to conform fishing regulations with Presidential Proclamation 10918 of April 17, 2025--Unleashing American Commercial Fishing in the Pacific, as amended by Presidential Proclamation 11035 of June 11, 2026--Restoring American Commercial Fishing in the Pacific, and in light of a court order. Fisheries in the PRIMNM Expansion would be regulated pursuant to existing fishing regulations under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Western and Central Pacific Fisheries Convention Implementation Act (WCPFCIA), the South Pacific Tuna Act (SPTA), and other applicable laws, that apply to all U.S. commercial fishing vessels but were superseded and made inapplicable when the commercial fishing prohibition for the PRIMNM Expansion was established. The proposed rule supports the long-term sustainability of U.S. fisheries and provides for the proper care and management of the PRIMNM and PRIMNM Expansion and the objects of historic or scientific interest therein, as directed by Proclamation 10918, as amended by Proclamation 11035.
Full Text
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<title>Federal Register, Volume 91 Issue 215 (Monday, November 9, 2026)</title>
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[Federal Register Volume 91, Number 215 (Monday, November 9, 2026)]
[Proposed Rules]
[Pages 70827-70833]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22815]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 665
[Docket No. 261104-0005]
RIN 0648-BN99
Pacific Island Fisheries; Commercial Fishing in the Pacific
Remote Islands Marine National Monument Expansion
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 to amend regulations that prohibit commercial
fishing in the Pacific Remote Islands Marine National Monument
Expansion (PRIMNM Expansion), which comprises waters of the U.S.
exclusive economic zone (EEZ) between 50 to 200 nautical miles (nmi; 93
to 370 kilometers (km)) around Johnston Atoll and Wake and Jarvis
Islands. This action is necessary to conform fishing regulations with
Presidential Proclamation 10918 of April 17, 2025--Unleashing American
Commercial Fishing in the Pacific, as amended by Presidential
Proclamation 11035 of June 11, 2026--Restoring American Commercial
Fishing in the Pacific, and in light of a court order. Fisheries in the
PRIMNM Expansion would be regulated pursuant to existing fishing
regulations under the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act), the Western and Central Pacific
Fisheries Convention Implementation Act (WCPFCIA), the South Pacific
Tuna Act (SPTA), and other applicable laws, that apply to all U.S.
commercial fishing vessels but were superseded and made inapplicable
when the commercial fishing prohibition for the PRIMNM Expansion was
established. The proposed rule supports the long-term sustainability of
U.S. fisheries and provides for the proper care and management of the
PRIMNM and PRIMNM Expansion and the objects of historic or scientific
interest therein, as directed by Proclamation 10918, as amended by
Proclamation 11035.
DATES: NMFS must receive comments by December 9, 2026.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2026-2410">https://www.regulations.gov/docket/NOAA-NMFS-2026-2410</a>. You may
submit comments on this document, identified by NOAA-NMFS-2026-2410, by
either 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-2026-2410 in the Search box,
Click the ``Comment'' icon, complete the required fields, and enter or
attach your comments.
<bullet> Mail: Submit written comments to Sarah Malloy, Regional
Administrator, NMFS Pacific Islands Regional Office (PIRO), 1845 Wasp
Blvd. Bldg. 176, Honolulu, HI 96818.
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). NMFS
has voluntarily prepared an environmental assessment (EA) that
discusses the impact on the quality of the human environment as a
result of this proposed rule and the resumption of commercial fishing
under applicable regulations in PRIMNM Expansion. The EA, and other
supporting documents referenced in this rule are available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Jarad Makaiau, NMFS PIRO Sustainable
Fisheries, 808-725-5000.
SUPPLEMENTARY INFORMATION: Since the 1980s, NMFS and the Western
Pacific Fishery Management Council (Council) have managed fisheries in
the U.S. EEZ in the Western Pacific through five species-based fishery
management plans (FMP) consistent with the provisions of the Magnuson-
Stevens Act--the Bottomfish and Seamount Groundfish FMP, the
Crustaceans FMP, the Precious Corals FMP, the Coral Reef Ecosystems
FMP, and the Pelagic FMP. Pursuant to section 303(a) of the Magnuson-
Stevens Act, an FMP, FMP amendment and the issuance of implementing
regulations, or modification to regulations under section 303(c) are
undertaken when necessary and appropriate for the conservation and
management of the fishery to prevent overfishing and rebuild overfished
stocks, and to protect, restore, and promote the long-term health and
stability of the fishery, consistent with the Magnuson-Stevens Act's
National Standards. NMFS, in cooperation with the Council, implements
or amends FMP regulations that prevent overfishing while achieving on a
continuing basis the optimum yield from each fishery for the U.S.
fishing industry when the best scientific information available
indicate it is necessary or appropriate.
In 2009, the Council recommended, and NMFS approved the
restructuring of the five species-based FMPs by incorporating the
conservation and management measures of the species-based FMPs into
five place-based fishery ecosystem plans (FEP)--the American Samoa FEP,
the Hawaii FEP, the Marianas FEP, the Pacific Remote Islands Area FEP
(PRIA FEP) and the Pelagics FEP (75 FR 2198, January 14, 2010). In
developing these FEPs, NMFS also prepared an environmental impact
statement that evaluated the potential environmental effects of fishing
under the five place-based FEPs.
The PRIA FEP governs fishing in the U.S. EEZ (0 to 200 nmi; 0 to
370 km) around the Pacific Remote Island Areas (PRIA) of Baker, Jarvis,
Wake and Howland Islands, Kingman Reef, and Johnston and Palmyra Atolls
and establishes conservation and management measures for coral reef
fish, bottomfish, crustacean, and precious coral fisheries, including
permit and reporting requirements, marine protected areas, gear
restrictions, at-sea observer requirements and other measures to ensure
sustainable fishing. Since 2010, the PRIA FEP has been amended three
times and NMFS has evaluated the potential environmental effects of
fishing under the amended FEP consistent with the Magnuson-Stevens Act,
the National Environmental Policy Act (NEPA), the Endangered Species
Act (ESA) and other applicable laws.
Similarly, the Pelagics FEP establishes conservation and management
measures for pelagic fisheries and includes limited access programs,
gear restrictions, protected species mitigation measures, prohibited
area management and other measures to ensure sustainable fishing. Since
2010, the Pelagics FEP has been amended 12 times and NMFS has evaluated
the potential environmental effects of
[[Page 70828]]
fishing under the amended FEP consistent with the Magnuson-Stevens Act,
NEPA, ESA and other applicable laws. Regulations implementing the PRIA
FEP and Pelagics FEP are found at 50 CFR part 665 subparts E and F,
respectively. General Magnuson-Steven Act regulations prohibiting the
use of any gear or participation in a fishery not on the list of
authorized fisheries and gear under a fishery management plan are also
found at 50 CFR 600.725.
In addition, U.S. fisheries for highly migratory species (HMS),
including tunas and billfish in the U.S. EEZ around the PRIA, and on
the adjacent high seas are also subject to regulations implementing the
WCPFCIA, the SPTA and other applicable laws. Regulations implementing
conservation and management measures pursuant to these Acts are found
in 50 CFR 300 subparts D and O, respectively. When these regulations
were codified, NMFS likewise evaluated the potential environmental
effects of fishing for HMS consistent with the WCPFCIA, the SPTA, NEPA,
ESA and other applicable laws.
On January 6, 2009, Presidential Proclamation 8336 established the
PRIMNM for the purpose of protecting objects of historic or scientific
interest identified in the proclamation, including corals, fish,
shellfish, marine mammals, seabirds, water birds, land birds, insects,
and vegetation not found elsewhere (74 FR 1565, January 12, 2009). At
that time, the PRIMNM comprised the waters and submerged and emergent
lands of Wake Island, Baker Island, Howland Island, Jarvis Island,
Johnston Atoll, Kingman Reef, and Palmyra Atoll seaward to a distance
approximately 50 nmi (93 km) from the mean low water line around each
island, reef, and atoll. Proclamation 8336 directed the Secretaries of
Commerce and the Interior to prohibit commercial fishing within the
boundaries of the PRIMNM and authorized the Secretaries to permit non-
commercial fishing, including recreational fishing in the PRIMNM. The
proclamation also directed the Secretaries to take appropriate action
pursuant to their respective authorities under the Antiquities Act and
the Magnuson-Stevens Act, and such other authorities as may be
available to implement this proclamation, to regulate fisheries, and to
provide for the proper care and management of the monument.
Proclamation 8336 had the effect of making the existing regulations
authorizing and regulating sustainable commercial fishing in the U.S.
EEZ in the PRIMNM inapplicable (50 CFR 665 subparts E and F). The
Council did not, however, recommend nor did NMFS take action to amend
those regulations, and they remain codified in the Code of Federal
Regulations.
On June 3, 2013, NMFS published a final rule establishing
requirements for fishing in the PRIMNM (78 FR 32996). Specifically, the
final rule added regulatory provisions to codify the non-discretionary
prohibition on commercial fishing and established new management
measures for non-commercial fishing, including recreational fishing,
including permit and reporting requirements and other discretionary
measures NMFS, with input from the Council, deemed necessary and
appropriate to regulate non-commercial fishing in the PRIMNM (78 FR
32996, June 3, 2013; 78 FR 39583, July 2, 2013).
On September 25, 2014, Presidential Proclamation 9173 expanded the
boundaries of the PRIMNM around Wake Island, Johnston Atoll, and Jarvis
Island to the seaward limit of the U.S. EEZ to establish the PRIMNM
Expansion (79 FR 58645, September 29, 2014). The purpose of the PRIMNM
Expansion was to provide an expanded area for the protection of objects
of scientific interest identified in the proclamation, including
seamounts, deep sea corals, sea turtles, seabirds, and other migratory
species. Proclamation 9173 directed the Secretaries of Commerce and the
Interior to prohibit commercial fishing within the boundaries of the
PRIMNM Expansion and authorized the Secretaries to permit non-
commercial fishing and provide a process to ensure recreational fishing
continues to be managed as a sustainable activity in the PRIMNM and
PRIMNM Expansion. The proclamation also directed the Secretaries to
take appropriate action pursuant to their respective authorities under
the Antiquities Act and the Magnuson-Stevens Act, and such other
authorities as may be available to implement the proclamation, to
regulate fisheries, and to provide for the proper care and management
of the monument. Proclamation 9173 had the effect of making the
existing regulations authorizing and regulating sustainable commercial
fishing in the U.S. EEZ in the PRIMNM Expansion inapplicable (50 CFR
665 subparts E and F). The Council did not, however, recommend nor did
NMFS take action to amend those regulations, and they also remain
codified in the Code of Federal Regulations.
On March 25, 2015, NMFS published a final rule establishing
requirements for fishing in the PRIMNM Expansion (80 FR 15694).
Specifically, the final rule added regulatory provisions to codify the
non-discretionary prohibition on commercial fishing in the PRIMNM
Expansion and established new management measures for non-commercial
fishing, including recreational fishing in the PRIMNM Expansion,
including permit and reporting requirements among other discretionary
measures NMFS, with input from the Council, deemed necessary and
appropriate to regulate non-commercial fishing in the PRIMNM Expansion.
On April 17, 2025, Presidential Proclamation 10918--Unleashing
American Commercial Fishing in the Pacific (90 FR 16987, April 22,
2025) provided that a prohibition on commercial fishing in the PRIMNM
Expansion ``is not, at this time, necessary for the proper care and
management of the Monument or the objects of historic or scientific
interest therein'' and declared the ``section entitled `Management of
the Marine National Monument' in Proclamation 9173 is deleted and
replaced'' with a provision that includes direction that the Secretary
of Commerce not prohibit commercial fishing. Specifically, Proclamation
10918 provides: ``Between 50 to 200 nautical miles from the landward
boundaries of the Monument, the Secretary of Commerce shall not
prohibit commercial fishing within the boundaries of the Monument and
the Monument Expansion in those areas where the Monument and Monument
Expansion is coterminous with the Exclusive Economic Zone of the United
States.'' Proclamation 10918 also directed the Secretaries of Commerce
and the Interior to take appropriate action pursuant to their
respective authorities under the Antiquities Act, the Magnuson-Stevens
Act, and such other authorities as may be available to implement the
proclamation, to regulate fisheries, and to provide for the proper care
and management of the PRIMNM Expansion.
On April 25, 2025, due to inquiries from the regulated fishing
industry on whether fishermen could fish in the PRIMNM Expansion given
Proclamation 10918, NMFS issued a letter to the regulated community
notifying fishermen that regulations implementing the prohibition on
commercial fishing in Proclamation 9173 are no longer effective. NMFS
further indicated it planned to expeditiously initiate rulemaking to
bring fishing regulations into compliance with Proclamation 9173 as
amended by Proclamation 10918. NMFS's letter was subsequently
challenged in court by various
[[Page 70829]]
individuals and environmental groups in Kapa'a v. Trump, 794 F. Supp.
3d 793 (D. Haw. 2025). The U.S. District Court for the District of
Hawaii found the plaintiffs were ``entitled to participate in a notice
and comment'' process on whether commercial fishing in the PRIMNM
Expansion would be appropriately managed to provide for the proper care
and management of monument resources (Kapa'a, 794 F. Supp. 3d at 823).
At its 206th meeting held March 24-26, 2026, in Honolulu, the
Council considered management alternatives to amend fisheries
regulations at 50 CFR part 665 to restore commercial fishing in the
PRIMNM Expansion consistent with Presidential Proclamation 10918.
Before making final recommendations, the Council provided opportunity
for public testimony and comment (91 FR 11046, March 6, 2026). The
public comments received reflected both support and opposition to the
resumption of commercial fishing in the PRIMNM Expansion.
After considering public comments, the Council recommended revising
commercial fishing prohibitions to authorize commercial fishing in the
PRIMNM Expansion subject to the regulatory requirements that had been
superseded and made inapplicable by commercial fishing prohibitions
established in Presidential Proclamation 9173.
Before the Council transmitted its proposed regulations for
Secretarial review pursuant to Section 303(c) of the Magnuson-Stevens
Act, on June 11, 2026, the President issued Proclamation 11035,
``Restoring American Commercial Fishing in the Pacific,'' (91 FR 36741,
June 17, 2026). Proclamation 11035 amended Proclamation 10918 ``to
clarify that the proclamation itself removes monument-based
prohibitions on commercial fishing and agency rulemaking is intended to
amend or repeal inconsistent regulations.'' Accordingly, NMFS has no
discretion and must ``amend or repeal existing regulations that are
inconsistent with this proclamation's removal of monument-based
prohibitions on commercial fishing'' (91 FR 36742, June 17, 2026).
Thus, notice and comment rulemaking to amend monument-based
prohibitions on commercial fishing would not be necessary. However, out
of an abundance of caution and in light of an Order by the U.S.
District Court for the District of Hawaii in Kapa'a v. Trump, NMFS is
providing the public with prior notice and an opportunity to comment on
this proposed rule. NMFS is also requesting public comment on whether
the resumption of commercial fishing under the Council and NMFS's
existing regulations and restrictions provide for the proper care and
management of the PRIMNM and monument resources, consistent with
Proclamation 10918.
Consistent with the directives in Proclamations 10918, as amended
by Proclamation 11035, this proposed rule would amend Magnuson-Stevens
Act regulations at 50 CFR 665 subpart H (Sec. Sec. 665.930-665.936)
that prohibit commercial fishing in the PRIMNM Expansion. When
finalized, commercial fisheries operating in the PRIMNM Expansion will
be subject to existing fishing regulations and restrictions at 50 CFR
665 subpart A (Sec. Sec. 665.1-665.20), implementing general
requirements for fisheries in the Western Pacific; 50 CFR 665 subpart E
(Sec. Sec. 665.598-665.669) and 50 CFR subpart F (Sec. Sec. 665.798-
665.819), implementing the PRIA FEP and Pelagics FEP, respectively; 50
CFR 600.725, implementing Magnuson-Stevens Act general prohibitions; 50
CFR 300 subpart D (Sec. Sec. 300.30-300.46), implementing the SPTA and
subpart O (Sec. Sec. 300.210-300.230), implementing WCPFCIA.
Under the proposed action, commercial fishing shoreward of 50 nmi
(93 km) around Wake Island, Johnston Atoll and Jarvis Island in the
PRIMNM will continue to be prohibited by regulations at 50 CFR 665
subpart H (Sec. Sec. 665.933-665.934) implementing the PRIMNM,
consistent with Presidential Proclamation 10918, as amended by
Presidential Proclamation 11035. For this reason, NMFS anticipates only
longline and purse seine fishing for highly migratory species such as
tunas and billfish would resume in the PRIMNM Expansion because the
habitat to support non-pelagic species managed under the PRIA FEP,
including bottomfish, crustacean, coral reef and precious corals are
found entirely within 50 nmi (93 km) from shore, which will remain
closed to commercial fishing.
NMFS anticipates the resumption of commercial fishing by pelagic
longline and purse seine vessels in the PRIMNM Expansion under the
proposed action would have no effect on terrestrial resources, coral
reefs, shallow water coral reef ecosystem resources, reef fish,
shellfish, and outer reef slope communities because these monument
resources are found entirely within 12 nmi (22 km) from the shoreline,
well within the 50 nmi (93 km) boundary where commercial fishing will
remain prohibited and are spatially separated from commercial fishing
activities. Similarly, NMFS does not anticipate the resumption of
commercial fishing in the PRIMNM Expansion would result in adverse
impacts to seamounts, deep sea coral communities and demersal habitats
because pelagic fishing gear is deployed in the water column within 985
ft (300 m) of the surface and does not come into contact with the ocean
floor. As such, commercial fishing activities are spatially separated
from these resources and unlikely to affect them.
In addition, reverting to existing management measures for resuming
commercial fishing in the PRIMNM Expansion is in accordance with the
Magnuson-Stevens Act, ESA of 1973, and Marine Mammal Protection Act of
1972 (MMPA). NMFS evaluates the impacts of fishing activity on the
population of target stocks and protected species throughout the
entirety of their range. Under the proposed action, NMFS expects the
combined amount of catch of target stocks and other marketable fishery
resources by longline and purse seine fisheries within the PRIMNM
Expansion would remain within historical levels and would not cause a
change in the sustainability of fish populations throughout their range
as currently assessed in accordance with the Magnuson-Stevens Act and
other domestic and international requirements.
Similarly, NMFS expects the shift of fishing effort by longline and
purse seine fishing vessels from the high seas into the PRIMNM
Expansion would result in a negligible change in the amount of fishery
interactions over the range of ESA-listed species, including sea
turtles, sharks and rays, marine mammals, and seabirds. And we
anticipate interactions would remain within the levels that do not
exceed thresholds established under ESA consultations. Based on ESA
consultations and analyses, the overall effects on protected species
are expected to be negligible.
NMFS expects a likely minor, beneficial impact to fisheries
operations and management. For longline and purse seine vessels, the
proposed action would restore 2.04 percent and 1.55 percent of
historical fishing areas, respectively. The longline and purse seine
fisheries will also experience minor beneficial impacts due to reduced
competition with foreign fleets, which are prohibited from fishing in
U.S. waters of the PRIMNM Expansion and access to fishing areas closer
to home ports, reducing transit times and overall fuel and operational
costs.
NMFS estimates up to a maximum of 6 percent of the total effort of
the purse seine fishery to shift to the Jarvis Island
[[Page 70830]]
EEZ and up to a maximum of 6 percent of the total effort of longline
fisheries to shift to the Johnston Atoll from areas currently
accessible to the fisheries. Because the functional restraints,
including catch and effort limits and limited entry permits on the
fisheries will not change as a result of this action, NMFS expects
negligible impacts on fisheries catch and effort and target fish
populations.
Thus, NMFS expects the resumption of commercial fishing in the
PRIMNM Expansion would not result in a substantial increase in vessel
traffic or fishing gear entering the PRIMNM Expansion and is expected
to have negligible effects on monument resources, given the limited
increase in fishing activity expected, and spatial protective boundary
within 50 nmi (93 km). Additionally, Federal protections under current
laws governing vessel operations, marine pollution, refuge management,
and gear management and disposal would limit impacts by vessels
operating in the PRIMNM Expansion.
NMFS also expects resumption of commercial fishing in the PRIMNM
Expansion would have negligible effects on activities managed under
authorities other than the Magnuson-Stevens Act, as directed by
Proclamation 10918. This is because within the PRIMNM Expansion,
transiting of maritime vessels, including innocent passage is the
primary non-fishing activity that occurs in this area, and NMFS
anticipates transiting vessels would avoid vessels actively engaged in
fishing so as to avoid collisions.
To the extent that other non-fishing activities may occur, they
would be subject to management by the U.S. Fish and Wildlife Service.
NMFS believes that the commercial fishing that would resume under the
proposed action would not interfere with other non-fishing activities
managed by the U.S. Fish and Wildlife Service.
NMFS further expects impacts on cultural resources would be
negligible due to the geographic separation from fishing activities and
land-based practices and the low likelihood of encounters between
cultural practitioners and voyagers and fishing vessels in the PRIMNM
Expansion. Since the establishment of the PRIMNM Expansion, zero
cultural practitioners have sought Special Use Permits for cultural
activities.
Finally, NMFS expects the resumption of commercial fishing in the
PRIMNM Expansion under the proposed action would result in minor
beneficial impacts on fishery economics, as vessels could save cost on
fuel by fishing closer to home ports instead of on the high seas and
purse seine vessels may avoid daily access fees required for fishing in
foreign EEZs adjacent to the PRIMNM Expansion.
As discussed above, regulations at 50 CFR 665 subpart A (Sec. Sec.
665.1-665.20), 50 CFR 665 subpart E (Sec. Sec. 665.598-665.669); 50
CFR subpart F (Sec. Sec. 665.798-665.819); 50 CFR 600.725; 50 CFR 300
subpart D (Sec. Sec. 300.30-300.46); and 50 CFR 300 subpart O
(Sec. Sec. 300.210-300.230) provide the conservation and management
measures developed and evaluated under the Magnuson-Stevens Act and
other applicable law, including NEPA, the ESA, and MMPA. Under these
existing regulations and restrictions, NMFS believes that commercial
fisheries operating in the PRIMNM and PRIMNM Expansion would be
appropriately managed and that monument resources would receive proper
care and management, consistent with the direction in Proclamation
10918.
NMFS invites public comment on whether these existing regulations
and restrictions appropriately manage commercial fishing and would
provide for the proper care and management of monument resources in the
PRIMNM and PRIMNM Expansion, consistent with the proclamation.
NMFS will consider public comments on this proposed rule and will
announce the final rule in the Federal Register. NMFS must receive any
comments by the date provided in the DATES.
Classification
Magnuson-Stevens Act
NMFS is proposing this rule pursuant to 305(d) of the Magnuson-
Stevens Act to carry out section 303(a)(1)(C). This action is necessary
to ensure that MSA regulations implementing the PRIA FEP and Pelagics
FEP are carried out consistent with Presidential Proclamation 10918, as
amended by Proclamation 11035, directing the removal of monument-based
prohibitions on commercial fishing in the PRIMNM Expansion.
Accordingly, this proposed rule would amend those regulations that are
inconsistent with Proclamation 10918, as amended by Proclamation 11035.
The Assistant Administrator for Fisheries, NOAA has determined that
this rule is consistent with, and conforms to Presidential Proclamation
10918, as amended by Proclamation 11035, the Antiquities Act, the PRIA
and Pelagics FEPs, other provisions of the Magnuson-Stevens Act, and
other applicable laws.
NEPA
This proposed action is to bring Magnuson-Stevens Act implementing
regulations in conformity with applicable law--specifically
Presidential Proclamation 10918--as amended by Proclamation 11035,
which removed prohibitions on commercial fishing described in
Presidential Proclamation 9173, and specified that agency rulemaking is
intended to amend inconsistent regulations. NMFS has voluntarily
prepared an EA that discusses the impact on the quality of the human
environment as a result of this rule and the resumption of commercial
fishing under applicable regulations in the PRIMNM Expansion. NMFS
considered two alternatives: the proposed action to amend regulations
that restrict commercial fishing in the PRIMNM Expansion, which would
restore commercial fishing under existing regulations and taking no
action which would maintain existing commercial fishing prohibitions in
the PRIMNM Expansion.
A copy of the EA is available from NMFS (See ADDRESSES).
Executive Order 12866
This proposed rule has been determined to be significant for
purposes of Executive Order 12866 section 3(f). However, it has not
been found to be economically significant under section 3(f)(1) because
it would not likely result in an annual effect on the economy of $100
million or more, or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety, or State, local, or tribal
governments or communities.
Executive Order 14192
This proposed rule is considered an Executive Order 14192
deregulatory action because it would amend regulations that prohibit
commercial fishing between 50 to 200 nautical miles (nmi; 93 to 370
kilometers (km)) around Johnston Atoll and Wake and Jarvis Islands and
restore access to these areas for U.S. commercial fishermen.
Regulatory Flexibility Act
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 proposed rule would amend regulations under the Magnuson-
Stevens Act that prohibit commercial
[[Page 70831]]
fishing between 50 to 200 nmi (93 to 370 km) around Wake Island,
Johnston Atoll and Jarvis Island in the PRIMNM Expansion. This action,
which would expand areas open to commercial fishing by over 300,000
square nmi (1,030,000 square km), is necessary to conform U.S. fishing
regulations with Presidential Proclamation 10918 of April 17, 2025--
Unleashing American Commercial Fishing in the Pacific, and Presidential
Proclamation 11035 of June 11, 2026--Restoring American Commercial
Fishing in the Pacific, and in light of the U.S. District Court of
Hawaii's Order in Kapa'a v. Trump, 794 F. Supp. 3d 793 (D. Haw. 2025),
which found the plaintiffs were entitled to participate in a notice and
comment process on whether commercial fishing in the PRIMNM Expansion
would be appropriately managed to provide for the proper care and
management of monument resources.
The proposed action would apply to all fisheries managed under the
PRIA FEP and Pelagics FEP, as well as the U.S. purse seine and longline
vessels operating under the SPTA and the WCPFCIA. However, given the
remote location of the monument and considerable distance from U.S.
ports, the fisheries affected are essentially limited to longline and
purse seine fisheries; the areas between 50 to 200 nmi (93 to 370 km)
around Wake Island, Johnston Atoll and Jarvis Island that would be
reopened by this action (hereafter the PRIMNM Expansion) are generally
inaccessible to small boat fisheries managed under the Pelagics FEP.
While the proposed action would apply to as many as 224 longline
vessels and 40 purse seine vessels, given recent fishing activities, it
would likely affect only the 163 permitted and active longline vessels
and 13 licensed and active purse seine vessels. The Hawaii and American
Samoa longline fisheries are limited entry fisheries. The Hawaii
longline fishery is capped at 164 vessels with 149 currently permitted.
The American Samoa longline fishery is capped at 60 vessels with 20
currently permitted. Six of those 20 current permit holders are dual
permitted so they also possess current Hawaii longline vessel permits.
The purse seine fleet is limited to a total of 40 licenses under the
SPTA, with 13 active licensed vessels. There has historically been only
very limited fishing by the Pelagics FEP small boat fisheries and none
by the PRIA FEP fisheries within the PRIMNM Expansion. This is because
habitat to support species managed under the PRIA FEP, including
bottomfish, crustacean, coral reef fish and precious corals are found
entirely within 50 nmi (93 km) from shore, which will remain closed to
commercial fishing.
NMFS has established a small business size standard for businesses,
including their affiliates, whose primary industry is commercial
fishing (see 50 CFR 200.2). A business primarily engaged in commercial
fishing (North American Industry Classification System code 11411) is
classified as a small business if it is independently owned and
operated, is not dominant in its field of operation (including its
affiliates), and has combined annual receipts not in excess of $11
million for all its affiliated operations worldwide. Based on available
information, NMFS believes that most of the affected fish harvesting
businesses are small entities under the NMFS standard, as they are
engaged in the business of fish harvesting, independently owned or
operated, are not dominant in their field of operation, and have annual
gross receipts not in excess of $11 million. In 2025, the Hawaii
longline fishery earned $109 million fleetwide ($731,543 per vessel on
average) while the American Samoa longline fishery earned approximately
$3 million ($150,000 per vessel on average). With regard to the purse
seine fleet, the majority, but not all vessels, could be considered
small entities. For the 11 vessels that operated between 2022 and 2024
and were still active in 2025, the average per vessel revenue was
almost $10 million. Seven of those 11 vessels could be considered small
entities with estimated revenues of less than $11 million. Even though
this proposed action may apply to a substantial number of entities,
based on our analysis the implementation of this action would not
result in significant adverse economic impacts on individual entities.
The primary benefit for fishermen under the proposed action is a
modest increase in the available U.S. EEZ waters where U.S. fishing
vessels do not have to compete with foreign fleets for access to fish.
This benefit primarily applies to longline fleets based in Hawaii,
where the majority of U.S. EEZ waters are closed due to the longline
exclusion zone around the main Hawaiian Islands (50 CFR 665.806(a)(2))
and prohibitions on commercial fishing in the PRIMNM (50 CFR 665.933),
Papah[amacr]naumoku[amacr]kea Marine National Monument (50 CFR 404) and
Papah[amacr]naumoku[amacr]kea National Marine Sanctuary (15 CFR 922
subpart W--Papah[amacr]naumoku[amacr]kea National Marine Sanctuary).
From the purse seine fishery perspective, the major benefit is related
to avoiding costs associated with fishing in the EEZs of foreign
nations that, under the SPTA, charge daily access fees for fishing
activity. These access fees range from $10,000 to $13,000 per day,
depending on the EEZ or groups of EEZs that are fished. Considered
relative to daily average revenue for purse seine vessels ($68,000),
these fees are about 14 to 19 percent of daily revenue, on days that
these vessels fish in the EEZs of foreign nations that charge daily
access fees.
The amount of annual effort shifted to the action area from current
fishing locations under the proposed action is expected to range from 0
to about 6 percent of overall fleetwide effort in both the longline and
purse seine fisheries given past fishing in the action area prior to
the initial commercial fishery prohibitions in 2009 and further
expansion of fishing restrictions in 2014. In longline fisheries, deep-
and shallow-set fisheries combined averaged 22,020 sets over the last 5
years (2020-2024). This suggests that the number of sets that could
shift to areas that open as a result of implementing the proposed
action could range from 0 to 1,321 longline sets fleetwide. For purse
seine fisheries, the number of sets has averaged 1,753 in the last 5
years (2020-2024). Implementing the proposed action could shift the
number of purse seine sets in these waters ranging from 0 to 105 sets
fleetwide.
With regard to longline vessels, there could potentially be some
savings in fuel costs associated with this anticipated switched effort;
however, both Johnston Atoll and Jarvis Island are far from Honolulu
relative to where the majority of longline effort is concentrated. The
anticipated fuel cost differences for shifted effort under the proposed
action are difficult to estimate, but fuel represents about 50 percent
of the total costs of a fishing trip and therefore does represent a
substantial portion of operating costs.
For purse seine vessels, a similar magnitude minor shift in effort
under the proposed action may affect fuel costs. In general, purse
seine fishing is concentrated in the productive skipjack tuna fishing
waters to the west and south of the PRIMNM Expansion; inside the EEZs
of countries party to the South Pacific Tuna Treaty. Transit distances
to Jarvis Island from the center of purse seine effort would be
significant, but the lack of daily access fees in the PRIMNM Expansion
may increase the economic value of reopened areas around Jarvis Island.
If we assume that all effort shifted to the PRIMNM Expansion under the
proposed action moved from areas where a daily access fee was required,
the total savings fleetwide could be as high as $1,367,340. Based
[[Page 70832]]
on 13 currently licensed and active purse seine vessels, each vessel
could save up to $105,180 per year in access fees, or roughly 1 percent
of a vessel's average annual revenue of $10 million. Revenue gains
would be on the higher end of the potential range if purse seine
vessels decide to fully transition away from foreign EEZs upon
reopening commercial fishing in the PRIMNM Expansion, and closer to
zero if they do not. Because fishing location choice is based on many
factors, and fishermen are unlikely to fully transition away from
foreign EEZs, the fleet-wide revenue gain as a result of the expanded
locations available for commercial fishing as a result of this proposed
action, would likely be less than $1,367,340, and individual vessel
revenue gains would be lower than $105,180 (i.e., lower than 1
percent).
The proposed action does not duplicate, overlap, or conflict with
other Federal rules and is not expected to have a significant impact on
small entities, organizations or government jurisdictions. The proposed
action also will not place a substantial number of small entities at a
significant competitive disadvantage nor disproportionately flow to
large entities because the expansion of fishing areas would provide
minor benefits to all entities without regard to the size of each
individual entity.
For the reasons above, NMFS does not expect the proposed action to
have a significant economic impact on a substantial number of small
entities.
As a result, an initial regulatory flexibility analysis is not
required, and none has been prepared.
Paperwork Reduction Act
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Coastal Zone Management Act
Because this proposed rule affects fisheries that occur outside the
coastal zone of any State and will not have reasonably foreseeable
effects on any coastal use or resource, NMFS is not required to
coordinate with State agencies under section 307 of the Coastal Zone
Management Act.
ESA
Fishing activities conducted pursuant to this rule will not affect
endangered and/or threatened species or critical habitat under the ESA
in a manner that would result in effects that have not previously been
considered in current ESA section 7 consultations.
Under the proposed rule, NMFS anticipates only longline and purse
seine fishing for HMS such as tunas and billfish would be resumed in
the PRIMNM Expansion because the habitat to support non-pelagic species
such as bottomfish, crustacean, coral reef and precious corals are
found entirely within 50 nmi (93 km) from shore, which will remain
closed to commercial fishing.
NMFS previously evaluated the potential impact of longline and
purse seine fisheries on ESA-listed species and designated critical
habitat in areas of the Pacific Ocean where fishing vessels fish and
transit on their way to fishing grounds. NMFS determined these
fisheries are not likely to jeopardize the continued existence of ESA-
listed species or result in adverse modification of designated critical
habitat.
NMFS does not expect that resuming commercial longline and purse
seine fishing under existing fishing regulations in the PRIMNM
Expansion would cause an effect on endangered and/or threatened species
or critical habitat beyond that considered in applicable consultations
for these fisheries. This conclusion is reached in part because there
is no designated critical habitat for ESA-listed species in the PRIMNM
Expansion for pelagic longline and purse seine fisheries to affect.
Additionally, some ESA-listed species such as corals are only found in
shallow nearshore waters around the islands and well within 50 nmi (93
km) of shore where commercial fishing remains prohibited. This buffer
provides spatial separation that prevents their exposure to fishing
activities occurring 50 to 200 nmi (93 to 370 km) offshore.
Many of the ESA-listed species, such as sea turtles, sharks and
manta rays are highly migratory, and the PRIMNM Expansion represents
just a small fraction of their range. For this reason, existing ESA
consultations account for the potential population level impacts of
fishing activities on ESA-listed species that may visit the PRIMNM
Expansion but are exposed to fishing activities throughout their range.
Historically, annual fishing effort in the PRIMNM waters prior to
monument designation represented up to a maximum of 6 percent of total
fishing effort for longline and purse seine fisheries. As both longline
and purse seine fisheries are limited entry fisheries with maximum caps
on the number of vessels that can fish, we expect that fishing in the
restored areas of the PRIMNM Expansion will reflect effort by existing
vessels shifting from currently open fishing areas into the PRIMNM, as
opposed to additional increased fishing effort.
Therefore, the shift in some fishing effort from outside the PRIMNM
Expansion into the PRIMNM Expansion is expected to result in a
negligible change in the amount of fishery interactions over the range
of ESA-listed species and would remain within the levels considered and
analyzed in the current ESA section 7 consultations for these
fisheries. The results of the ESA consultations for Pacific Island
longline and purse seine fisheries are detailed in the EA developed for
this action (see ADDRESSES).
Executive Order 13175
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes; therefore, consultation with Tribal officials under E.O. 13175
is not required, and the requirements of sections (5)(b) and (5)(c) of
E.O. 13175 also do not apply. A Tribal summary impact statement under
section (5)(b)(2)(B) and section (5)(c)(2) of E.O. 13175 is not
required and has not been prepared.
List of Subjects in 50 CFR Part 665
Administrative practice and procedure, Commercial fishing,
Fisheries, Monuments and memorials, Pacific Remote Islands.
Dated: November 5, 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 665 as follows:
PART 665--FISHERIES IN THE WESTERN PACIFIC
0
1. The authority citation for 50 CFR Part 665 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. Amend Sec. 665.932 by revising the definition of ``Proclamations''
to read as follows:
Sec. 665.932 Definitions.
* * * * *
Proclamations means Presidential Proclamation 8336 of January 6,
2009, ``Establishment of the Pacific Remote Islands Marine National
Monument,'' Presidential Proclamation 9173 of September 29, 2014,
``Pacific Remote Islands Marine National Monument
[[Page 70833]]
Expansion,'' Presidential Proclamation 10918 of April 17, 2025
``Unleashing American Commercial Fishing in the Pacific,'' and
Presidential Proclamation 11035 of June 11, 2026, ``Restoring American
Commercial Fishing in the Pacific.''
0
3. Amend Sec. 665.933 by revising paragraph (a) to read as follows:
Sec. 665.933 Prohibitions.
* * * * *
(a) Commercial fishing in prohibited areas. Commercial fishing is
prohibited in the areas of the Monument as defined in paragraphs (a)(1)
through (a)(5) of this paragraph.
(1) Wake Island. Commercial fishing is prohibited in the Wake
Island unit of the Monument within an area defined by straight lines
connecting the following coordinates in the order listed:
------------------------------------------------------------------------
ID Longitude--east Latitude--north
------------------------------------------------------------------------
1............................... 165[deg]42'56'' 20[deg]9'27''
2............................... 167[deg]32'23'' 20[deg]9'27''
3............................... 167[deg]32'23'' 18[deg]25'51''
4............................... 165[deg]42'56'' 18[deg]25'51''
1............................... 165[deg]42'56'' 20[deg]9'27''
------------------------------------------------------------------------
(2) Howland and Baker Islands. Commercial fishing is prohibited in
the Howland and Baker units of the Monument as defined in 50 CFR
931(b).
(3) Jarvis Island. Commercial fishing is prohibited in the Jarvis
Island unit of the Monument within an area defined by straight lines
connecting the following coordinates in the order listed:
------------------------------------------------------------------------
ID Longitude--west Latitude
------------------------------------------------------------------------
1................................. 160[deg]50'52'' 0[deg]28'39''
N
2................................. 159[deg]8'53'' 0[deg]28'39''
N
3................................. 159[deg]8'53'' 1[deg]13'15''
S
4................................. 160[deg]50'52'' 1[deg]13'15''
S
1................................. 160[deg]50'52'' 0[deg]28'39''
N
------------------------------------------------------------------------
(4) Johnston Atoll. Commercial fishing is prohibited in the
Johnston Atoll unit of the Monument within an area defined by straight
lines connecting the following coordinates in the order listed:
------------------------------------------------------------------------
ID Longitude--west Latitude--north
------------------------------------------------------------------------
1............................... 170[deg]24'37'' 17[deg]35'39''
2............................... 168[deg]37'32'' 17[deg]35'39''
3............................... 168[deg]37'32'' 15[deg]53'26''
4............................... 170[deg]24'37'' 15[deg]53'26''
1............................... 170[deg]24'37'' 17[deg]35'39''
------------------------------------------------------------------------
(5) Kingman and Palmyra Atoll. Commercial fishing is prohibited in
the Kingman Reef and Palmyra Atoll unit of the Monument as defined in
50 CFR 931(e).
* * * * *
0
4. Amend Sec. 665.934 by revising paragraph (a) to read as follows:
Sec. 665.934 Regulated activities.
(a) Commercial fishing in the Monument is prohibited in certain
areas, as defined in Sec. 665.933.
* * * * *
0
5. Amend Sec. 665.935 by revising introductory paragraph (a) and
paragraph (a)(1) to read as follows:
Sec. 665.935 Fishing permit procedures and criteria.
(a) Non-commercial and commercial fishing--
(1) Applicability. Except as provided in section 665.934(d), a
vessel that is used to non-commercially or commercially fish for, take,
retain, or possess MUS in the Monument must be registered for use with
a permit issued pursuant to Sec. Sec. 665.603, 665.624, 665.642,
665.662, and 665.801.
* * * * *
[FR Doc. 2026-22815 Filed 11-6-26; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on November 9, 2026.
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