2026-22815Proposed RuleWallet

Commercial Fishing May Return to Vast Pacific Marine Monument

Published Date: 11/9/2026

Proposed Rule

Summary

The government plans to allow commercial fishing again in the Pacific Remote Islands Marine National Monument Expansion, which covers waters around Johnston Atoll, Wake, and Jarvis Islands. This change follows recent presidential orders and a court decision, aiming to balance fishing opportunities with protecting the environment. Fishermen and related businesses should get ready to follow updated rules, and public comments are open until December 9, 2026.

Analyzed Economic Effects

5 provisions identified: 4 benefits, 1 costs, 0 mixed.

Reopens 50–200 nmi Monument Waters

NOAA proposes to allow commercial fishing in the Pacific Remote Islands Marine National Monument Expansion — the U.S. Exclusive Economic Zone waters between 50 to 200 nautical miles (93 to 370 km) around Johnston Atoll, Wake, and Jarvis Islands. The rule would expand areas open to commercial fishing by over 300,000 square nautical miles (about 1,030,000 square kilometers) and place fishing there under existing Magnuson‑Stevens, WCPFCIA, and SPTA regulations.

Purse Seine Vessels: Potential Access Fee Savings

Purse seine vessels could avoid foreign EEZ daily access fees that range from $10,000 to $13,000 per day by fishing in reopened U.S. waters. NMFS estimates fleetwide access‑fee savings could be as high as $1,367,340, and for the 13 currently licensed and active purse seine vessels that operated recently, each vessel could save up to about $105,180 per year (roughly 1 percent of a vessel's average $10 million annual revenue) if they fully shift effort.

Nearshore 50‑nmi Zone Remains Closed

Commercial fishing would remain prohibited shoreward of 50 nautical miles (93 km) around Wake Island, Johnston Atoll, and Jarvis Island. That means fisheries for bottomfish, crustaceans, coral reef fish, and precious corals (habitat found inside 50 nmi) will continue to be closed to commercial fishing, while mainly pelagic longline and purse seine fishing would resume beyond 50 nmi.

Who Can Use the Reopened Area

The proposed rule would apply to fisheries managed under the PRIA and Pelagics FEPs and to U.S. purse seine and longline vessels. While the reopening could apply to as many as 224 longline and 40 purse seine vessels, NMFS expects it would likely affect about 163 permitted and active longline vessels and 13 licensed and active purse seine vessels; the Hawaii longline cap is 164 vessels (149 currently permitted) and the American Samoa cap is 60 vessels (20 currently permitted, 6 dual‑permitted).

Most Affected Firms Qualify as Small Businesses

NMFS uses a small business standard of combined annual receipts not in excess of $11 million for commercial fishing businesses. NMFS believes most affected fish harvesting businesses meet that $11 million threshold and certified the proposed rule would not have a significant economic impact on a substantial number of small entities.

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Key Dates

Published Date
Comments Due
11/9/2026
12/9/2026

Department and Agencies

Department
Independent Agency
Agency
Commerce Department
National Oceanic and Atmospheric Administration
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