Proposed Rule for 2026 Pacific Halibut Fishery Management

Content

ACTION:

Proposed rule; request for comments.

SUMMARY:

NMFS is proposing annual management measures for the 2026 non-Tribal directed commercial Pacific halibut fishery that operates
south of Point Chehalis, WA, (lat. 46°53.30′ N) in the International Pacific Halibut Commission's (IPHC) Regulatory Area 2A
off Washington, Oregon, and California. Annual management measures include fishing periods and fishing period limits. This
action is intended to conserve Pacific halibut and provide fishing opportunity where available.

DATES:

Comments must be received by April 24, 2026.

ADDRESSES:

A plain language summary of this proposed rule is available at https://www.regulations.gov/docket/NOAA-NMFS-2026-0100. You may submit comments on this document, identified by NOAA-NMFS-2026-0100, by any of the following methods:

• Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and type NOAA-NMFS-2026-0100 in the Search box. Click on the “Comment” icon, complete the required fields, and enter or attach
your comments.

Instructions: Comments sent by any other method 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 https://www.regulations.gov 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).

Docket: This proposed rule is accessible at the Office of the Federal Register website at https://www.federalregister.gov. Background information and documents are available at the NMFS West Coast Region Pacific Halibut Directed Commercial Fishery
website at https://www.fisheries.noaa.gov/action/2025-pacific-halibut-directed-commercial-fishery and at the Council's website at https://www.pcouncil.org. Other comments received may be accessed through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:

Melissa Mandrup, West Coast Region, NMFS, (562) 980-3231, melissa.mandrup@noaa.gov.

SUPPLEMENTARY INFORMATION:

Background

The Northern Pacific Halibut Act of 1982 (16 U.S.C. 773-773k; Halibut Act) gives the Secretary of Commerce the responsibility
of implementing the provisions of the Convention between Canada and the United States for the Preservation of the Halibut
Fishery of the North Pacific Ocean and Bering Sea (Convention), signed at Ottawa, Ontario, on March 2, 1953, as amended by
a Protocol Amending the Convention (March 29, 1979).

As provided in the Halibut Act at 16 U.S.C. 773b, the Secretary of State, with the concurrence of the Secretary of Commerce,
may accept or reject, on behalf of the United States, regulations recommended by the IPHC in accordance with the Convention.
Following acceptance by the Secretary of State, the annual management measures recommended by the IPHC are published in the

  Federal Register
  through a NMFS rulemaking to provide notice of their immediate regulatory effectiveness and to inform persons subject to the
  regulations of their restrictions and requirements (50 CFR 300.62).

The Halibut Act also provides that Regional Fishery Management Councils may develop and recommend, and the Secretary of Commerce
may implement, regulations governing Pacific halibut fishing in U.S. waters that are in addition to, and not in conflict with,
approved IPHC regulations (16 U.S.C. 773c(c)). The Pacific Fishery Management Council (Council) developed a catch sharing
plan (CSP) guiding the allocation of halibut across the various sectors for the IPHC's Regulatory Area 2A. The CSP is available
on the Council's website at https://www.pcouncil.org/managed_fishery/pacific-halibut /.

Fishery Allocation

At its annual meeting held January 19-22, 2026, the IPHC adopted catch limits for 2026, including the Regulatory Area 2A catch
limit, called a fishery constant exploitation yield (FCEY), of 1.54 million pounds (lb; 698.5 metric tons (mt)), net weight
(i.e., the weight of Pacific halibut that is without gills and entrails, head-off, washed, and without ice and slime). Upon acceptance
by the Secretary of State, with concurrence from the Secretary of Commerce, the fishery allocations adopted by the IPHC will
be published in the
Federal Register
, in accordance with 50 CFR 300.62. The Regulatory Area 2A FCEY was derived from the 2026 total constant exploitation yield
of 1.65 million lb (748 mt), net weight, for Regulatory Area 2A, which includes commercial discards and bycatch projections
calculated using a formula developed by the IPHC. Based on this FCEY for Regulatory Area 2A and the allocation framework in
the Council's CSP, the non-Tribal directed commercial fishing allocation would be 261,211 lb (118.5 mt) net weight for the
2026 fishing season, which constitutes an increase of 1,696 lb (0.77 mt) from 2025.

Fishing Periods

Fishing periods, often referred to as fishery openers, are the time during the IPHC's annual commercial halibut season when
non-Tribal directed commercial Pacific fishing for halibut in Regulatory Area 2A is allowed. At a December 2025 Council meeting,
the Council recommended that NMFS establish a season structure similar to the previous year. Specifically, the Council recommended
that the Regulatory Area 2A directed commercial fishery operate as a series of 3-day (58-hour) openings, with the first fishing
period beginning at 8 a.m. (0800) Pacific Daylight Time (PDT) on the fourth Tuesday in June and ending at 6 p.m. (1800) PDT
on Thursday of that week, and the second fishing period occurring 2 weeks later. The Council also recommended that, if there
is a

  third fishing period, it be 2, or no more than 3 weeks after the second fishing period and that any subsequent fishing periods
  would occur as soon as possible. In addition, the Council requested that all potential season opening dates be specified at
  the outset of the fishing season.

Based on the Council's recommendations, NMFS is proposing that the first 2026 directed commercial fishery fishing period begin
on June 23, 2026, at 8 a.m. PDT and close on June 25, 2026, at 6 p.m. PDT. The second fishing period would occur 2 weeks later,
beginning on July 7, 2026, at 8 a.m. PDT and closing on July 9, 2026, at 6 p.m. PDT. If another fishing period is necessary
to attain the allocation, NMFS is proposing to open, by inseason action, a third fishing period occurring 2 weeks after the
second fishing period, beginning on July 23, 2026, at 8 a.m. PDT and closing on July 25, 2025, at 6 p.m. PDT. If subsequent
fishing periods are necessary to reach the allocation, they would follow the same pattern, occurring 2 weeks after the previous
fishing period, beginning on August 7, August 14, and so forth, as announced by inseason action. If for any reason a fishing
period is not opened as scheduled, NMFS would skip that fishing period in order to follow the prescribed schedule.

After each fishing period, NMFS will assess the fishery harvest to that point and determine if the fishery has attained the
allocation. If harvest estimates indicate the allocation has not been reached, NMFS may determine that subsequent fishing
period(s) are necessary to attain the allocation and add such fishing period(s) through inseason action, consistent with 50
CFR 300.63.

Fishing Period Limits

A fishing period limit, also called a vessel catch limit, is the maximum amount of Pacific halibut that may be retained and
landed by a vessel during one fishing period. Each vessel may retain no more than the applicable fishing period limit of Pacific
halibut for its vessel size class, which is determined by vessel length. Fishing period limits are based on the directed fishery
allocation, the number of permit applications received by vessel size class, and participation and catch rates from prior
years, in accordance with 50 CFR 300.63(e)(1)(ii). Fishing period limits vary based on vessel size class (A-H).

The deadline to apply for this year's Regulatory Area 2A non-Tribal directed commercial fishery permit was March 15, 2026.
NMFS does not yet have final permit application information for this year. However, since 2021, there have been an average
of 180 permits issued per year for the directed commercial fishery across 8 vessel size classes (A-H) with an average of 38
percent (68 vessels) of permitted vessels participating in the fishery. NMFS currently anticipates a similar number of permit
applications and a similar proportion of vessels participating in the 2026 fishery. Therefore, NMFS is proposing that fishing
period limits be grouped by vessel size class as was done in previous years.

Based on the Regulatory Area 2A FCEY adopted by the IPHC, the directed commercial fishery allocation for 2026 would be similar
to the allocations adopted for the previous 5 years. Over this same timeframe, average catch per vessel and participation
levels in the fishery have fluctuated for different reasons (e.g., varying markets and ocean conditions). For example, the average catch per vessel in 2025 was higher than in 2021 and 2022
when there were similar fishing period limits; however, the participation level in 2025 was the lowest the fishery experienced
in recent years. Despite this variability, NMFS proposes to maintain the 2025 fishing period limits for 2026 to provide stability
for the fishery. Table 1 shows the proposed vessel limits for the first two fishing periods for the 2026 fishing season in
accordance with 50 CFR 300.63(e)(1)(ii). These fishing period catch limits are intended to ensure that the Regulatory Area
2A non-Tribal directed commercial fishery can fully obtain, but not exceed, its annual allocation, while also providing fair
and equitable access to an attainable amount of harvest.

| Vessel class | Length range in feet
(meters) | Fishing period limit in lb
(mt) |
| --- | --- | --- |
| A-C | 1-35 (0.3-10.9) | 2,000 (0.907) |
| D-E | 36-45 (11.0-13.9) | 3,400 (1.542) |
| F-G | 46-55 (14.0-16.9) | 4,300 (1.950) |
| H | 56+ (17.0+) | 5,000 (2.268) |
| Notes:
Fishing period limits are in dressed weight (head-on, with ice and slime). If a vessel's size is between lengths, its length
will be rounded up for the purpose of fishing period limits. Fishing period limits adopted in the final rule will be based
on the number of permit applications received for 2026. Over the past 5 years, there have been fewer than 200 permit applications
received per year. | | |
If NMFS determines that more than two fishing periods are warranted, NMFS will set the fishing period limits for subsequent
fishing periods equal across all vessel classes through inseason action. Fishing period limits for the second fishing period
may also be adjusted through inseason action if necessary to avoid exceeding the allocation.

Fishing period limits may be adjusted inseason consistent with 50 CFR 300.63.

Classification

Regulations governing the U.S. fisheries for Pacific halibut are developed by the IPHC, the Council, the North Pacific Fishery
Management Council, and the Secretary of Commerce. Section 5 of the Halibut Act (16 U.S.C. 773c) allows the Regional Council
having authority for a particular geographical area to develop regulations governing the allocation and catch of halibut in
U.S. Convention waters as long as those regulations are consistent with IPHC regulations and approved by the Secretary. This
proposed rule, if adopted, would implement management measures for the Pacific halibut non-Tribal directed commercial fishery
in Regulatory Area 2A, specifically the 2026 season dates and catch limits.

This action is exempt from review under E.O. 12866. This rule is exempt from the requirements of E.O. 14192 because it is
a routine fishing action.

The Chief 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 for the following reasons.

For Regulatory Flexibility Act purposes only, 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 114111) 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. The entities that would be affected by the proposed
action are those vessels that harvest Pacific halibut as part of the non-Tribal directed commercial fishery and are all considered
small businesses under the above size standards.

There are no large entities involved in Pacific halibut fisheries in Regulatory Area 2A off the West Coast.

In 2025, NMFS issued 171 permits to the commercial fishing fleet for the Regulatory Area 2A non-Tribal directed commercial
fishery. Of those 171 vessels that obtained licenses, 33 percent (57 vessels) participated in the fishery. NMFS expects that
a similar proportion of vessels will participate in the fishery this year and may be affected by these regulations, which
would be consistent with other recent years as well. Since 2021, there have been an average of 180 permits issued per year
for the directed commercial fishery across 8 vessel size classes (A-H) with an average of 38 percent (76 vessels) participating
in the fishery. Cost data for the harvesting operations of non-Tribal commercial halibut vessels is limited or unavailable.
For 2025, the non-Tribal directed commercial fishery allocation was 259,515 pounds (117.7 mt). Approximately 263,597 pounds
(119.6 mt) of Pacific halibut were harvested and resulted in a total fishery ex-vessel value of approximately $1.56 million.
Additionally, from 2021-2025, the non-Tribal directed commercial fishery allocation ranged from 249,338 lb (113.1 mt) to 259,515
lb (117.5 mt), harvest ranged from 242,224 lb (109.9 mt) to 308,636 lb (140 mt), and ex-vessel revenue ranged from approximately
$1.5 million to $2.3 million. Therefore, because the entire projected fishery value falls below the limit of one vessel being
considered a small business, NMFS considers all vessels affected by this action to be small entities.

The major effect of Pacific halibut management on small entities along the West Coast results from the Regulatory Area 2A
allocation, which is decided by the IPHC—a decision independent from this proposed action. This action proposes changes to
the Regulatory Area 2A Pacific halibut non-Tribal directed commercial fishery consistent with recommendations from the Council
to provide commercial harvest opportunities under the allocations that result from the Regulatory Area 2A catch limit determined
by the IPHC. Profitability is largely based on the total Regulatory Area 2A allocation decided by the IPHC, with subarea allocations
determined based on the allocation formula in the Council's CSP. Therefore, the proposed rule, if adopted, is unlikely to
affect the profitability of the commercial fishery.

The Regulatory Area 2A non-Tribal directed commercial fishery allocation for 2026 is expected to be similar to 2025 at 261,211
lb (118.5 mt), net weight. Therefore, this proposed rule, if adopted, is unlikely to affect overall participation in the directed
commercial fishery, as the allocation is similar to allocations in previous years. Because profitability is dependent on the
total amount of allocation available and market forces independent of this action, it is highly unlikely that this proposed
action would limit the fleet's potential profitability from catching halibut as compared to last season or to recent catch
levels. Fishing periods and fishing-period catch limits for 2026 are set using similar considerations as in previous years.
Accordingly, vessel income from fishing for the small entities participating in the Regulatory Area 2A non-Tribal directed
commercial fishery is not expected to be altered as a result of this proposed rule, if adopted, as it compares to recent catches
in the fishery, including under the previous season's regulations.

Based on the analysis above, the proposed action, if adopted, would not 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.

This proposed rule contains no new information collection requirements under the Paperwork Reduction Act of 1995.

Dated: March 20, 2026. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2026-05800 Filed 3-24-26; 8:45 am] BILLING CODE 3510-22-P

Download File

Download