Proposed Rule2025-22995
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2026 and 2027 Harvest Specifications for Groundfish
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Published
December 16, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes 2026 and 2027 harvest specifications, apportionments, and prohibited species catch limits for the groundfish fisheries of the Bering Sea and Aleutian Islands (BSAI) management area. This action is necessary to establish harvest limits for groundfish during the 2026 and 2027 fishing years and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP). The 2026 harvest specifications supersede those previously set in the final 2025 and 2026 harvest specifications, and the 2027 harvest specifications will be superseded in early 2027 when the final 2027 and 2028 harvest specifications are published. The intended effect of this action is to conserve and manage the groundfish resources in the BSAI in accordance with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).
Full Text
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<title>Federal Register, Volume 90 Issue 239 (Tuesday, December 16, 2025)</title>
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[Federal Register Volume 90, Number 239 (Tuesday, December 16, 2025)]
[Proposed Rules]
[Pages 58204-58228]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-22995]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 251212-0184; RTID 0648-XF348]
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; 2026 and 2027 Harvest Specifications for
Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; harvest specifications and request for comments.
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SUMMARY: NMFS proposes 2026 and 2027 harvest specifications,
apportionments, and prohibited species catch limits for the groundfish
fisheries of the Bering Sea and Aleutian Islands (BSAI) management
area. This action is necessary to establish harvest limits for
groundfish during the 2026 and 2027 fishing years and to accomplish the
goals and objectives of the Fishery Management Plan for Groundfish of
the Bering Sea and Aleutian Islands Management Area (FMP). The 2026
harvest specifications supersede those previously set in the final 2025
and 2026 harvest specifications, and the 2027 harvest specifications
will be superseded in early 2027 when the final 2027 and 2028 harvest
specifications are published. The intended effect of this action is to
conserve and manage the groundfish resources in the BSAI in accordance
with the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act).
DATES: Comments must be received by January 5, 2026.
ADDRESSES: A plain language summary of this proposed rule is available
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2025-1098">https://www.regulations.gov/docket/NOAA-NMFS-2025-1098</a>. You may
submit comments on this document, identified by NOAA-NMFS-2025-1098 by
any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type NOAA-NMFS-2025-1098 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, etc.), 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 Alaska Groundfish Harvest Specifications
Final Environmental Impact Statement (Final EIS), Record of Decision
(ROD) for the Final EIS, and the annual Supplementary Information
Reports (SIR) to the Final EIS prepared for this action are available
from <a href="https://www.regulations.gov">https://www.regulations.gov</a>. An updated 2026 SIR for the final
2026 and 2027 harvest specifications will be available from the same
source.
The final 2024 Stock Assessment and Fishery Evaluation (SAFE)
report for the groundfish resources of the BSAI, dated December 2024,
is available from the North Pacific Fishery Management Council
(Council) at 1007 West Third, Suite 400, Anchorage, AK 99501-2252,
phone 907-271-2809, or from the Council's website at <a href="https://www.npfmc.org">https://www.npfmc.org</a> and at <a href="https://www.fisheries.noaa.gov/alaska/population-assessments/north-pacific-groundfish-stock-assessments-and-fishery-evaluation">https://www.fisheries.noaa.gov/alaska/population-assessments/north-pacific-groundfish-stock-assessments-and-fishery-evaluation</a>.
FOR FURTHER INFORMATION CONTACT: Andrew Olson and Steven Whitney, 907-
586-7228.
SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679
implement the FMP and govern the groundfish fisheries in the BSAI. The
Council prepared the FMP, and NMFS approved it, under the Magnuson-
Stevens Act. General regulations governing U.S. fisheries also appear
at 50 CFR part 600.
The FMP and its implementing regulations require NMFS, after
consultation with the Council, to specify annually an overfishing limit
(OFL), acceptable biological catch (ABC), and total allowable catch
(TAC) for each target species category. The sum of TACs for all
groundfish species in the BSAI must be within the optimum yield (OY)
range of 1.4 million to 2.0 million metric tons (mt) (Sec.
679.20(a)(1)(i)(A) and 679.20(a)(2)). Section 679.20(c)(1) further
requires that NMFS publish proposed harvest specifications in the
Federal Register and solicit public comments on proposed annual TACs
for each target species and apportionments thereof; prohibited species
catch (PSC) allowances; prohibited species quota (PSQ) reserves
established by Sec. 679.21; seasonal allowances of pollock, Pacific
cod, and Atka mackerel TAC; American Fisheries Act (AFA) allocations;
Amendment 80 allocations; Community Development Quota (CDQ) reserve
amounts established by Sec. 679.20(b)(1)(ii); and ABC surpluses and
reserves for CDQ groups and Amendment 80 cooperatives for flathead
sole, rock sole, and yellowfin sole. The proposed harvest
specifications set forth in tables 1 through 15 of this action satisfy
these requirements.
Under Sec. 679.20(c)(3), NMFS will publish the final 2026 and 2027
harvest specifications after (1) considering comments received within
the comment period (see DATES), (2) consulting with the Council at its
December 2025 meeting, (3) considering information presented in the
2026 SIR to the Final EIS that assesses the need to prepare a
Supplemental EIS (see ADDRESSES), and (4) considering information
presented in the final 2024 SAFE report, including the Ecosystem Status
Reports (ESR) for both the Bering Sea and Aleutian Islands.
[[Page 58205]]
Other Actions Affecting the 2026 and 2027 the BSAI Harvest
Specifications
State of Alaska Guideline Harvest Levels
The State of Alaska Board of Fisheries (BOF) established the
guideline harvest level (GHL) for vessels using pot, longline, jig, and
hand troll gear in State waters in the State's Aleutian Islands subarea
(AI) State-waters sablefish registration area that includes all State
waters west of Scotch Cap Light (164[deg] 44.72' W longitude) and south
of Cape Sarichef (54[deg] 36' N latitude). The 2026 and 2027 AI GHL is
set at 5 percent of the combined proposed Bering Sea (BS) subarea and
AI apportionment of ABC (1,223 mt). The State's AI sablefish
registration area includes areas adjacent to parts of the Federal BS
subarea. Since most of the State's 2026 and 2027 GHL sablefish fishery
is expected to occur in State waters adjacent to the Federal BS
subarea, the Council and its BSAI Groundfish Plan Team (Plan Team),
Scientific and Statistical Committee (SSC), and Advisory Panel (AP)
recommended that the sum of all State and Federal sablefish removals
from the BS and AI not exceed the recommended apportionment of ABC for
sablefish in the BS and AI. Accordingly, the Council recommended, and
NMFS proposes, that the 2026 and 2027 sablefish TACs in the BS and AI
be reduced to account for the State's GHLs for sablefish caught in
State waters.
The State's GHL for vessels using pot gear in State waters in the
BS is currently equal to 13 percent of the Pacific cod ABC in the BS
and is increased by one percent if 90 percent of the GHL is harvested
by November 15 of the preceding year for 2 consecutive years, but may
not exceed 15 percent of the BS ABC. However, if 90 percent of the GHL
is not harvested by November 15 of the preceding year for two
consecutive years the GHL will decrease by 1 percent, but the GHL may
not decrease below 10 percent of the BS ABC. For 2026 the GHL for
vessels using pot gear will remain the same as the GHL set in 2025 at
13 percent of the BS ABC, which is 18,398 mt. The GHL for 2027 may
change based on harvest during the preceding fishing years, and any
adjustment based on the 2027 GHL will be accounted for in the final
2027 and 2028 harvest specifications. Additionally, the State has
established a GHL for vessels using jig gear in State waters in the BS
equal to 45 mt of Pacific cod in the BS. The Council and its Plan Team,
SSC, and AP recommended that the sum of all State and Federal waters
Pacific cod removals from the BS not exceed the ABC recommendations for
Pacific cod in the BS. Accordingly, the Council recommended, and NMFS
proposes, that the 2026 and 2027 Pacific cod TACs in the BS account for
the State's GHL of 18,443 mt for Pacific cod caught in State waters in
the BS.
The State's GHL in State waters in the AI is currently equal to 35
percent of the AI ABC. The AI GHL will increase annually by 4 percent
of the AI ABC if 90 percent of the GHL is harvested by November 15 of
the preceding year, but may not exceed 39 percent of the AI ABC or 15
million pounds (6,804 mt). If 90 percent of the GHL is not harvested by
November 15 of the preceding year for 2 consecutive years the GHL will
decrease by 4 percent, but the GHL may not decrease below 15 percent of
the AI ABC. The Council and its Plan Team, SSC, and AP recommended that
the sum of all State and Federal Pacific cod removals from the AI not
exceed the ABC recommendations for Pacific cod in the AI. Accordingly,
the Council recommended, and NMFS proposes, that the 2026 and 2027
Pacific cod TACs in the AI account for the State's GHL for Pacific cod
caught in State waters in the AI. NMFS anticipates that, based on
harvest in 2024 and 2025, the GHL likely will decrease to 31 percent in
2026, and 31 percent of the proposed AI ABC is 4,022 mt. The 2026 GHL
will be determined after fishing in 2025 is concluded, and the Council
may recommend and NMFS may implement a change to the Pacific cod TAC in
the final harvest specifications to account for the potential
adjustment to the 2026 GHL. The GHL for 2027 may also change based on
harvest during the preceding fishing years, and any adjustment based on
the 2027 GHL will be accounted for in the final 2027 and 2028 harvest
specifications.
Proposed ABC and TAC Harvest Specifications
In October 2025, the SSC, AP, and Council reviewed the most recent
biological and harvest information on the condition of the BSAI
groundfish stocks, including information in the final 2024 SAFE report
for the BSAI groundfish fisheries, dated November 2024 (see ADDRESSES).
The proposed 2026 and 2027 harvest specifications are based on the
final 2026 harvest specifications published on March 18, 2025 (90 FR
12640), which were set after consideration of the most recent 2024 SAFE
report. The SAFE report contains a review of the latest scientific
analyses and estimates of each species' biomass and other biological
parameters including possible future condition of the stocks, as well
as summaries of the available information on the BS and AI ecosystems
and the economic condition of the groundfish fisheries off Alaska. The
SAFE report provides information to the Council and NMFS for
recommending and setting, respectively, annual harvest levels for each
stock and documenting significant trends or changes in the resource,
marine ecosystems, and fisheries over time.
The Ecosystem Status Reports (ESRs) are an appendix to the SAFE
report. The ESRs compile and summarize information about the status of
the Alaska marine ecosystems for the Plan Team, SSC, AP, Council, NMFS,
and the public. These ESRs include ecosystem report cards, ecosystem
assessments, and ecosystem status indicators (i.e., climate indices,
sea surface temperature), which together provide context for ecosystem-
based fisheries management in Alaska. The ESRs inform stock assessments
and are integrated in the annual harvest recommendations through
inclusion in stock assessment-specific risk tables. Also, the ESRs
provide context for the SSC's recommendations for OFLs and ABCs, as
well as for the Council's TAC recommendations. The SAFE reports and the
ESRs are presented at the October and December Council meetings before
the SSC, AP, and the Council make groundfish harvest recommendations
and aid NMFS in implementing these annual groundfish harvest
specifications.
In addition to the 2024 SAFE report, the Plan Team, SSC, and
Council also reviewed preliminary survey data from 2025 surveys,
updates on ecosystem and socioeconomic profiles for certain species,
and summaries of potential changes to models and methodologies. From
these data and analyses, the Plan Team recommends, and the SSC sets,
the proposed OFL and ABC for each species and species group.
The proposed 2026 and 2027 OFLs and ABCs are based on the best
available biological and scientific information, including projected
biomass trends, information on assumed distribution of stock biomass,
and revised technical methods used to calculate stock biomass. The FMP
specifies a series of six tiers to define OFLs and ABCs based on the
level of reliable information available to fishery scientists. Tier 1
represents the highest level of information quality available, while
tier 6 represents the lowest. The proposed 2026 and 2027 TACs are based
on the best available biological and socioeconomic information. The
proposed 2026 and 2027 harvest specifications in this action are
subject
[[Page 58206]]
to change in the final harvest specifications to be published by NMFS.
In October 2025, the SSC adopted the proposed 2026 and 2027 OFLs
and ABCs recommended by the Plan Team for all groundfish. In making its
recommendations, the Council adopted the SSC's OFL and ABC
recommendations. The OFL and ABC amounts are unchanged from the final
2026 harvest specifications published in the Federal Register on March
18, 2025 (90 FR 12640). Regulations require the sum of all TACs to be
set to an OY between 1.4 and 2 million mt. The Council recommends TACs
that are lower than the ABCs recommended by the SSC as necessary to
ensure the sum of TACs do not exceed an OY of 2 million mt. Generally,
total ABCs greatly exceed 2 million mt in years with a large pollock
biomass. The sum of the proposed 2026 and 2027 ABCs for all assessed
groundfish is 3,188,585 mt. The sum of the proposed TACs is 1,999,999
mt.
NMFS has reviewed the recommendations of the SSC and Council for
OFLs, ABCs, and TACs for target species and species groups in the BSAI
as well as any other relevant information. Based on that review, NMFS
is proposing the OFLs, ABCs, and TACs set forth in the tables of this
proposed rule as consistent with the Magnuson-Stevens Act, the FMP, and
other applicable law, subject to further review and consideration after
public comment.
Potential Changes Between Proposed and Final Specifications
The proposed groundfish OFLs, ABCs, and TACs are subject to change
pending consideration of the SSC and AP recommendations, public
comment, and the Council's recommendations for the final 2026 and 2027
harvest specifications during its December 2025 meeting.
In November of each year, the Plan Team typically updates the SAFE
report to include new information collected such as NMFS surveys,
revised stock assessments drafted by stock assessment authors, and
catch data. Due to the lapse in appropriations and resulting government
shutdown, the stock assessment authors were not able to complete their
assessments and the Plan Team did not meet in November to review and
update the 2024 SAFE report.
At the December 2025 Council meeting, the SSC and Council plan to
consider the most recent SAFE, ecosystem information presented in
September/October as well as updated information on climate and
oceanography, and other updated information including catch reports and
survey information. The Council will also consider, as it normally
does, SSC and AP recommendations, public testimony, and relevant
written comments in recommending the final 2026 and 2027 harvest
specifications. Pursuant to Sec. 679.20(a)(2) and (3), the Council
could recommend that NMFS adjust the final TACs if warranted based on
the biological condition of groundfish stocks or a variety of
socioeconomic considerations, or if required to cause the sum of TACs
to fall within the OY range.
In previous years, the most significant changes to the OFLs and
ABCs from the proposed to the final harvest specifications have been
based on the most recent NMFS stock surveys and model updates. These
surveys provide updated estimates of stock biomass and spatial
distribution, and inform changes to the models used for producing stock
assessments. At the September 2025 Plan Team meeting, NMFS scientists
presented updated and new survey results. Scientists also discussed
potential changes to assessment models, and accompanying preliminary
stock estimates. At the October 2025 Council meeting, the SSC reviewed
this information. Normally, the Plan Team would then review survey
results, model changes, and updated stock assessments for groundfish
stocks at the November Plan Team meeting, which the SSC would then
review, along with the Plan Team recommendations, at the December SSC
meeting. Model changes based on SSC recommendations often result in
changes to final OFLs, ABCs, and TACs. This year, however, there are
likely to be limited changes between the proposed and final
specifications because no model reruns or additional review could be
completed by the NMFS stock assessment authors and Plan Team due to the
lapse in appropriations and the government shutdown.
Specification and Apportionment of TAC Amounts
The Council recommended proposed 2026 and 2027 TACs that are equal
to the proposed ABCs for 2026 and 2027 BS Greenland turbot, AI
Greenland turbot, BSAI Kamchatka flounder, BS and Eastern AI Atka
mackerel, Central AI Atka mackerel, BS Pacific ocean perch, Central AI
Pacific ocean perch, Eastern AI Pacific ocean perch, BS and Eastern AI
blackspotted and rougheye rockfish, Central AI and Western AI
blackspotted and rougheye rockfish, BSAI shortraker rockfish, BS
``other rockfish,'' and AI ``other rockfish.'' The Council recommended
proposed TACs less than the respective proposed ABCs for all other
species. TACs for some species are reduced so that the overall TAC does
not exceed the BSAI OY. These proposed amounts are consistent with the
biological condition of groundfish stocks as described in the 2024 SAFE
report. The proposed ABCs reflect harvest amounts that are less than
the specified OFLs.
Table 1 lists the proposed 2026 and 2027 OFL, ABC, TAC, initial TAC
(ITAC), and CDQ amounts for groundfish for the BSAI. The proposed
apportionment of TAC amounts among fisheries and seasons is discussed
below. These proposed amounts and apportionments by area, season, and
sector are subject to change pending consideration of the SSC and AP
recommendations, public comment, and the Council's recommendations for
the final 2026 and 2027 harvest specifications during its December 2025
meeting.
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Groundfish Reserves and the Incidental Catch Allowances for Pollock,
Atka Mackerel, Flathead Sole, Rock Sole, Yellowfin Sole, and AI Pacific
Ocean Perch
Section 679.20(b)(1)(i) requires NMFS to reserve 15 percent of the
TAC for each target species category (except for pollock, fixed gear
allocation of sablefish, and Amendment 80 species) in a nonspecified
reserve. Section 679.20(b)(1)(ii)(B) requires that NMFS allocate 20
percent of the fixed gear allocation of sablefish to the fixed gear
sablefish CDQ reserve for each subarea. Section 679.20(b)(1)(ii)(D)
requires that NMFS allocate 7.5 percent of the trawl gear allocation of
sablefish for each subarea from the nonspecified reserve and 10.7
percent of BS Greenland turbot and BSAI arrowtooth flounder TACs to the
respective CDQ reserves. Section 679.20(b)(1)(ii)(C) requires that NMFS
allocate 10.7 percent of the TACs for Atka mackerel, AI Pacific ocean
perch, yellowfin sole, rock sole, flathead sole, and Pacific cod (the
Amendment 80 species) to the respective CDQ reserves.
Sections 679.20(a)(5)(i)(A) and 679.31(a) require allocation of 10
percent of the BS pollock TAC to the pollock CDQ directed fishing
allowance (DFA). Sections 679.20(a)(5)(iii)(B)(2)(i) and 679.31(a)
require 10 percent of the AI pollock TAC be allocated to the pollock
CDQ DFA. The entire Bogoslof District pollock TAC is allocated as an
incidental catch allowance (ICA) pursuant to Sec. 679.20(a)(5)(ii)
because the Bogoslof District is closed to directed fishing for pollock
by regulation (Sec. 679.22(a)(7)(B)). With the exception of the fixed
gear sablefish CDQ reserve, the regulations do not further apportion
the CDQ reserves by gear.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS proposes a pollock
ICA of 46,000 mt of the BS pollock TAC after subtracting the 10 percent
CDQ DFA. This allowance is based on NMFS's examination of the pollock
incidentally retained and discarded catch, including the incidental
catch by CDQ vessels, in target fisheries other than pollock in recent
years. Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS
proposes a pollock ICA of 4,500 mt of the AI pollock TAC after
subtracting the 10 percent CDQ DFA. This allowance is based on NMFS's
examination of the pollock incidental catch, including the incidental
catch by CDQ vessels, in target fisheries other than pollock in recent
years.
After subtracting the 10.7 percent CDQ reserve and pursuant to
Sec. 679.20(a)(8) and (10), NMFS proposes ICAs of 2,000 mt of flathead
sole, 3,000 mt of rock sole, 2,000 mt of yellowfin sole, 10 mt of
Western Aleutian district Pacific ocean perch, 60 mt of Central
Aleutian district Pacific ocean perch, 100 mt of Eastern Aleutian
district Pacific ocean perch, 20 mt of Western Aleutian district Atka
mackerel, 100 mt of Central Aleutian district Atka mackerel, and 800 mt
of Eastern Aleutian district and BS subarea Atka mackerel. These ICAs
are based on NMFS's examination of the incidental catch in other target
fisheries in recent years.
The regulations do not designate the remainder of the nonspecified
reserve by species or species group. Any amount of the reserve may be
apportioned to a target species that contributed to the nonspecified
reserve during the year, provided that such apportionments are
consistent with Sec. 679.20(a)(3) and do not result in overfishing
(Sec. 679.20(b)(1)(i)). In the final 2026 and 2027 harvest
specifications, NMFS will evaluate whether any apportionments are
necessary and may apportion from the nonspecified reserve to increase
the ITAC for any target species that contributed to the reserve.
Allocations of Pollock TAC Under the American Fisheries Act
Section 679.20(a)(5)(i)(A) requires that the BS pollock TAC be
apportioned as a DFA, after subtracting 10 percent for the CDQ Program
and 46,000 mt for the ICA, as follows: 50 percent to the inshore
sector, 40 percent to the catcher/processor (C/P) sector, and 10
percent to the mothership sector. In the BS, 45 percent of the DFAs are
allocated to the A season (January 20 through June 10), and 55 percent
of the DFAs are allocated to the B season (June 10 through November 1)
(Sec. Sec. 679.20(a)(5)(i)(B)(1) and 679.23(e)(2)). The AI directed
pollock fishery allocation to the Aleut Corporation is the amount of
pollock TAC remaining in the AI, after subtracting 10 percent for the
CDQ DFA and 3,000 mt for the ICA (Sec. 679.20(a)(5)(iii)(B)(2)). In
the AI, the total A season apportionment of the pollock TAC (including
the AI directed fishery allocation, the CDQ DFA, and the ICA) may not
exceed 40 percent of the ABC for AI pollock, and the remainder of the
pollock TAC is allocated to the B season (Sec.
679.20(a)(5)(iii)(B)(3)). Table 2 lists these proposed 2026 and 2027
amounts. Within any fishing year, any under harvest or over harvest of
a seasonal allowance may be added to or subtracted from a subsequent
seasonal allowance (Sec. Sec. 679.20(a)(5)(i)(B)(2) and
679.20(a)(5)(iii)(B)(3)(iii)).
Section 679.20(a)(5)(iii)(B)(6) sets harvest limits for pollock in
the A season (January 20 through June 10) in Areas 543, 542, and 541.
In Area 543, the A season pollock harvest limit is no more than 5
percent of the AI pollock ABC. In Area 542, the A season pollock
harvest limit is no more than 15 percent of the AI pollock ABC. In Area
541, the A season pollock harvest limit is no more than 30 percent of
the AI pollock ABC.
Section 679.20(a)(5)(i)(A)(4) includes several specific
requirements regarding BS pollock allocations. First, it requires that
8.5 percent of the pollock allocated to the C/P sector be available for
harvest by AFA CVs with C/P sector endorsements, unless the Regional
Administrator receives a cooperative contract that allows the
distribution of harvest among AFA C/Ps and AFA CVs in a manner agreed
to by all members. Second, AFA C/Ps not listed in the AFA are limited
to harvesting no more than 0.5 percent of the pollock allocated to the
C/P sector. Table 2 lists the proposed 2026 and 2027 allocations of
pollock TAC. Tables 13, 14, and 15 list the AFA C/P and CV sideboard
limits. NMFS calculates the AFA inshore pollock cooperative and open
access sector allocations based on the submission of AFA inshore
cooperative applications each year. NMFS will include the 2026 AFA
inshore pollock cooperative and open access sector allocations in the
final harvest specifications. The 2027 allocations for AFA inshore
pollock cooperative and open access sector allocations will not be
known until eligible participants apply for participation in the
program by December 1, 2026.
Table 2 also lists proposed seasonal apportionments of pollock and
harvest limits within the Steller Sea Lion Conservation Area (SCA). The
harvest of pollock within the SCA, as defined at Sec.
679.22(a)(7)(vii), is limited to no more than 28 percent of the annual
pollock DFA before 12 p.m. (noon), April 1, as provided in Sec.
679.20(a)(5)(i)(C). The A season pollock SCA harvest limit will be
apportioned to each sector in proportion to each sector's allocated
percentage of the DFA.
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Allocation of the Atka Mackerel TACs
Section 679.20(a)(8) allocates the Atka mackerel TACs to the
Amendment 80 and BSAI trawl limited access sectors, after subtracting
the CDQ reserves, ICAs for the BSAI trawl limited access sector and
non-trawl gear sector, and the jig gear allocation (table 3). The
percentage of the ITAC for Atka mackerel allocated to the Amendment 80
and BSAI trawl limited access sectors is listed in table 33 to 50 CFR
part 679 and in Sec. 679.91. Pursuant to Sec. 679.20(a)(8)(i), up to
2 percent of the Eastern Aleutian district and BS subarea Atka mackerel
TAC may be allocated to vessels using jig gear. The percent of this
allocation is recommended annually by the Council based on several
criteria, including the anticipated harvest capacity of the jig gear
fleet. The Council recommended, and NMFS proposes, a 0.5 percent
allocation of the Atka mackerel TAC in the Eastern Aleutian district
and BS subarea to the jig sector gear in 2026 and 2027. This
allocation, though, may change in the final harvest specifications. At
the October Council meeting, the Council indicated that it may
recommend at its December Council meeting a zero percent allocation of
the Atka mackerel TAC in the Eastern Aleutian district and BS subarea
to the jig sector for the final 2026 and 2027 harvest specifications.
This is based on the amount of Atka mackerel harvested by vessels using
jig gear during recent fishing years; this sector has not utilized any
of its allocation in recent years. The Council and NMFS will consider
whether to reduce the allocation to zero percent of the Atka mackerel
TAC in the Eastern Aleutian district and BS subarea to the jig sector
gear for the final 2026 and 2027 harvest specifications, based on
factors that include the anticipated harvest, if any, by vessels using
jig gear in the upcoming fishing year, and any relevant public comment
at the December Council meeting.
Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel TAC, after
subtraction of the jig gear allocation, into two equal seasonal
allowances. Section 679.23(e)(3) sets the first seasonal allowance for
directed fishing with trawl gear from January 20 through June 10 (A
season), and the second seasonal allowance for directed fishing with
trawl gear from June 10 through December 31 (B season). Section
679.23(e)(4)(iii) applies Atka mackerel seasons to trawl CDQ Atka
mackerel fishing. Within any fishing year, any under harvest or over
harvest of a seasonal allowance will be added to or subtracted from a
subsequent seasonal allowance (Sec. 679.20(a)(8)(ii)(B)). The ICA and
jig gear allocations are not apportioned by season.
Section 679.20(a)(8)(ii)(C)(1) limits Atka mackerel catch within
waters 0 nautical miles (nmi) to 20 nmi (37.04 kilometers) of Steller
sea lion sites listed in table 6 to 50 CFR part 679 and located west of
178[deg] W longitude to no more than 60 percent of the annual TACs in
Areas 542 and 543, and equally divides that annual harvest limit
between the A and B seasons as defined at Sec. 679.23(e)(3). Section
679.20(a)(8)(ii)(C)(2) requires that the annual TAC in Area 543 will be
no more than 65 percent of the ABC in Area 543. Section
679.20(a)(8)(ii)(D) requires that any unharvested Atka mackerel A
season allowance that is added to the B season be prohibited from being
harvested within waters 0 nmi to 20 nmi (37.04 kilometers) of Steller
sea lion sites listed in table 6 to 50 CFR part 679 and located in
Areas 541, 542, and 543.
Table 3 lists the proposed 2026 and 2027 Atka mackerel seasonal
allowances, area allowances, and the sector allocations. One Amendment
80 cooperative has formed for the 2026 fishing year. Because all
Amendment 80 vessels are part of the sole cooperative, no allocation to
the Amendment 80 limited access sector is required for 2026. The 2027
allocations for Atka mackerel between Amendment 80 cooperatives and the
Amendment 80 limited access sector will not be known until eligible
participants apply for participation in the program by November 1,
2026.
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Allocation of the Pacific Cod TAC
Section 679.20(b)(1)(ii)(C) allocates 10.7 percent of the BS TAC
and the AI TAC to the CDQ Program. After CDQ allocations have been
deducted from the respective BS and AI Pacific cod TACs, the remaining
BS and AI Pacific cod TACs are combined for calculating further BSAI
Pacific cod sector allocations and seasonal allowances. If the non-CDQ
Pacific cod TAC is or will be reached in either the BS or the AI
subareas, NMFS will prohibit directed fishing for non-CDQ Pacific cod
in that subarea, as provided in Sec. 679.20(d)(1)(iii).
Section 679.20(a)(7)(ii) allocates to the non-CDQ sectors the
combined BSAI Pacific cod TAC, after subtracting 10.7 percent for the
CDQ Program, as follows: 1.4 percent to vessels using jig gear, 2.0
percent to hook-and-line or pot CVs less than 60 feet (ft) (18.3 meters
(m)) LOA, 0.2 percent to hook-and-line CVs greater than or equal to 60
ft (18.3 m) LOA, 48.7 percent to hook-and-line C/Ps, 8.4 percent to pot
CVs greater than or equal to 60 ft (18.3 m) LOA, 1.5 percent to pot C/
Ps, 2.3 percent to AFA trawl C/Ps, 13.4 percent to the Amendment 80
sector, and 22.1 percent to trawl CVs. The BSAI ICA for the hook-and-
line and pot sectors will be deducted from the aggregate portion of
BSAI Pacific cod TAC allocated to the hook-and-line and pot sectors.
For 2026 and 2027, the Regional Administrator proposes a BSAI ICA of
500 mt, based on anticipated incidental catch by these sectors in other
fisheries. During the fishing year, NMFS may reallocate unharvested
Pacific cod among sectors, consistent with the reallocation hierarchy
set forth at Sec. 679.20(a)(7)(iii).
The BSAI ITAC allocation of Pacific cod to the Amendment 80 sector
is established in table 33 to 50 CFR part 679 and Sec. 679.91. One
Amendment 80 cooperative has formed for the 2026 fishing year. Because
all Amendment 80 vessels are part of the sole cooperative, no
allocation to the Amendment 80 limited access sector is required for
2026. The 2027 allocations for Pacific cod between Amendment 80
cooperatives and the Amendment 80 limited access sector will not be
known until eligible participants apply for participation in the
program by November 1, 2026.
The BSAI ITAC allocation of Pacific cod to the Pacific Cod Trawl
Cooperative Program (PCTC) Program is established in Sec. 679.131(b).
Section 679.131(b)(1)(i) also requires NMFS to establish an ICA for
incidental catch of Pacific cod by trawl CVs engaged in directed
fishing for groundfish other than PCTC Program Pacific cod. NMFS
proposes ICAs of 1,500 mt and 700 mt for the A and B seasons,
respectively, to account for projected incidental catch of Pacific cod
by trawl CVs engaged in directed fishing for groundfish other than PCTC
Program Pacific cod.
In the annual harvest specification process, NMFS determines the
Pacific cod trawl CV TAC and the annual apportionment of Pacific cod in
the A and B seasons between the PCTC Program DFA and the ICA (Sec.
679.131(b)(2)) (table 4 below). NMFS calculates the PCTC Program
cooperative allocations based on the submission of PCTC cooperative
applications each year, as set forth in Sec. 679.131(b). NMFS will
include the 2026 PCTC Program cooperative allocations in the final
harvest specifications. The 2027 PCTC Program cooperatives allocations
will not be known until eligible participants apply for participation
in the program by November 1, 2026.
The sector allocations of Pacific cod are apportioned into seasonal
allowances to disperse the Pacific cod fisheries over the fishing year
(Sec. Sec. 679.20(a)(7)(i)(B) (CDQ), 679.20(a)(7)(iv)(A) (non-CDQ),
and 679.23(e)(5) (seasons)). Table 4 lists the CDQ allocations and the
non-CDQ sector and seasonal allowances. In accordance with Sec.
679.20(a)(7)(iv)(B) and (C), any unused portion of a non-CDQ Pacific
cod seasonal allowance for any sector, except the jig sector, will
become available at the beginning of that sector's next seasonal
allowance. Section 679.20(a)(7)(i)(B) sets forth the CDQ Pacific cod
gear allowances by season, and CDQ groups are prohibited from exceeding
those seasonal allowances (Sec. 679.7(d)(6)).
Section 679.20(a)(7)(vii) requires that the Regional Administrator
establish an Area 543 Pacific cod harvest limit based on Pacific cod
abundance in Area 543 as determined by the annual stock assessment
process. Based on the 2024 stock assessment, the Regional Administrator
has preliminarily determined for 2026 and 2027 that the estimated
amount of Pacific cod abundance in Area 543 is 32 percent of total AI
abundance. To calculate the Area 543 Pacific cod harvest limit, NMFS
first subtracts the State GHL Pacific cod amount from the AI Pacific
cod ABC. Then NMFS determines the harvest limit in Area 543 by
multiplying the percentage of Pacific cod estimated in Area 543 (32
percent) by the remaining ABC for AI Pacific cod. Based on these
calculations, which rely on the 2024 stock assessment, the proposed
Area 543 harvest limit is 2,864 mt.
Under the PCTC Program, PCTC cooperatives are required to
collectively set aside up to 12 percent of the trawl CV A-season
allocation for delivery to an AI shoreplant established through the
process set forth at Sec. 679.132 in years in which an AI community
representative notifies NMFS of their intent to process PCTC Program
Pacific cod in Adak or Atka. A notice of intent to process PCTC Program
Pacific cod for 2026 must be submitted in writing to the Regional
Administrator by a representative of the City of Adak or the City of
Atka no later than October 15. A notice of intent was not received in
2025, and accordingly the set-aside will not be in effect for 2026. The
2027 set-aside will be determined after the October 15, 2026, deadline
in conjunction with the 2027 and 2028 harvest specifications process.
Based on the proposed 2026 and 2027 Pacific cod TACs, table 4 lists
the CDQ and non-CDQ TAC amounts; non-CDQ seasonal allowances by gear;
the sector allocations of Pacific cod; and the seasons set forth at
Sec. 679.23(e)(5).
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Sablefish Gear Allocation
Sections 679.20(a)(4)(iii) and (iv) require allocation of sablefish
TAC for the BS and AI between trawl gear and fixed gear. Gear
allocations of the sablefish TAC for the BS are 50 percent for trawl
gear and 50 percent for fixed gear. Gear allocations of the TAC for the
AI are 25 percent for trawl gear and 75 percent for fixed gear. Section
679.20(b)(1)(ii)(B) requires that NMFS apportion 20 percent of the
fixed gear allocation of sablefish TAC to the CDQ reserve for each
subarea. Also, Sec. 679.20(b)(1)(ii)(D)(1) requires that 7.5 percent
of the trawl gear allocation of sablefish TAC from the nonspecified
reserve, established under Sec. 679.20(b)(1)(i), be apportioned to the
CDQ reserve. The Council recommended and NMFS proposes that only trawl
sablefish TAC be established biennially. The harvest specifications for
the fixed gear sablefish Individual Fishing Quota (IFQ) fisheries are
limited to the 2026 fishing year to ensure those fisheries are
conducted concurrently with the halibut IFQ fishery. Concurrent
sablefish and halibut IFQ fisheries reduce the potential for discards
of halibut and sablefish in those fisheries. The sablefish IFQ
fisheries remain closed at the beginning of each fishing year until the
final harvest specifications for the sablefish IFQ fisheries are in
effect. Table 5 lists the proposed 2026 and 2027 gear allocations of
the sablefish TAC and CDQ reserve amounts.
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Allocation of the AI Pacific Ocean Perch, and BSAI Flathead Sole, Rock
Sole, and Yellowfin Sole TACs
Section 679.20(a)(10)(i) and (ii) require that NMFS allocate AI
Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin
sole TACs between the Amendment 80 sector and the BSAI trawl limited
access sector, after subtracting 10.7 percent for the CDQ reserves and
amounts for ICAs for the BSAI trawl limited access sector and vessels
using non-trawl gear. The allocation of the ITACs for AI Pacific ocean
perch, and BSAI flathead sole, rock sole, and yellowfin sole to the
Amendment 80 sector and the BSAI trawl limited access sector is
established in accordance with tables 33 and 34 to 50 CFR part 679 and
in Sec. 679.91.
One Amendment 80 cooperative has formed for the 2026 fishing year.
Because all Amendment 80 vessels are part of the sole cooperative, no
allocation to the Amendment 80 limited access sector is required for
2026. The 2027 allocations for Amendment 80 species between Amendment
80 cooperatives and the Amendment 80 limited access sector will not be
known until eligible participants apply for participation in the
program by November 1, 2026. Table 6 lists the proposed 2026 and 2027
allocations of the AI Pacific ocean perch, and BSAI flathead sole, rock
sole, and yellowfin sole TACs.
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Section 679.2 defines the ABC surplus for flathead sole, rock sole,
and yellowfin sole as the difference between the annual ABC and TAC for
each species. Section 679.20(b)(1)(iii) establishes ABC reserves for
flathead sole, rock sole, and yellowfin sole. The ABC surpluses and the
ABC reserves are necessary to mitigate the operational variability,
environmental conditions, and economic factors that may constrain the
CDQ groups and the Amendment 80 cooperatives from fully harvesting
their allocations and to improve the likelihood of achieving and
maintaining, on a continuing basis, the OY in the BSAI groundfish
fisheries. NMFS, after consultation with the Council, may set the ABC
reserve at or below the ABC surplus for each species, thus maintaining
the TAC at or below ABC limits. An amount equal to 10.7 percent of the
ABC reserves will be allocated as CDQ ABC reserves for flathead sole,
rock sole, and yellowfin sole. Section 679.31(b)(4) establishes the
annual allocations of CDQ ABC reserves among the CDQ groups. The
Amendment 80 ABC reserves are the ABC reserves minus the CDQ ABC
reserves. Section 679.91(i)(2) establishes each Amendment 80
cooperative ABC reserves to be the ratio of each cooperatives' quota
share units and the total Amendment 80 quota share units, multiplied by
the Amendment 80 ABC reserve for each respective species. Table 7 lists
the proposed 2026 and 2027 ABC surplus and ABC reserves for BSAI
flathead sole, rock sole, and yellowfin sole.
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Proposed PSC Limits for Halibut, Crab, and Herring
Sections 679.21(b) and (e) set forth the BSAI PSC limits for
halibut, crab, and herring.
Section 679.21(b) establishes three fixed annual BSAI halibut PSC
limits totaling 1,770 mt and assigns 315 mt as the PSQ reserve for use
by the CDQ Program, 745 mt for the BSAI trawl limited access sector,
and 710 mt for the BSAI non-trawl sector.
An additional amount of BSAI halibut PSC limit for the Amendment 80
sector is determined annually based on the most recent halibut biomass
estimates from the International Pacific Halibut Commission (IPHC)
setline survey index and the NMFS Alaska Fisheries Science Center
(AFSC) Eastern Bering Sea shelf trawl survey index. In accordance with
Sec. 679.21(b)(1)(i), NMFS uses both halibut biomass estimates such
that the value at the intercept of those survey indices from table 58
to 50 CFR part 679 is the Amendment 80 sector halibut PSC limit. The
2025 AFSC Eastern Bering Sea shelf trawl survey index estimate of
halibut abundance is 133,705 mt, which is below the threshold level of
150,000 mt and is in the ``low'' abundance state. The 2025 IPHC setline
survey index is 6,664 weight per unit effort and is in the ``low''
abundance state. Pursuant to table 58 to 50 CFR part 679, the 2026
Amendment 80 sector halibut PSC limit is 1,309 mt. NMFS will publish
the 2027 Amendment 80 sector halibut PSC limit in the 2027 and 2028
harvest specifications.
Sections 679.21(b)(1)(iii)(A) and (B) require apportionment of the
BSAI non-trawl halibut PSC limit into PSC allowances among six fishery
categories. Table 11 lists the proposed fishery PSC allowances for the
non-trawl fisheries.
Sections 679.21(b)(1)(ii)(A) and (B), (e)(3)(i)(B), and (e)(3)(iv)
require apportionment of the BSAI trawl limited access sector's halibut
and crab PSC limits into PSC allowances among seven fishery categories.
Tables 9 and 10 list the proposed fishery PSC allowances for the BSAI
trawl limited access sector fisheries.
Pursuant to section 3.6 of the FMP, the Council recommended, and
NMFS proposes, that certain specified non-trawl fisheries be exempt
from the halibut PSC limit. As in past years, after consultation with
the Council, NMFS proposes to exempt the pot gear fishery, the jig gear
fishery, and the sablefish IFQ fixed gear fishery categories from
halibut bycatch restrictions for the following reasons: (1) the pot
gear fisheries have low halibut bycatch mortality; (2) NMFS estimates
halibut mortality for the jig gear fleet to be negligible because of
the small size of the fishery and the selectivity of the gear; and (3)
the sablefish and halibut IFQ fisheries have low halibut bycatch
mortality because the IFQ Program requires legal-size halibut to be
retained by vessels using fixed gear if a halibut IFQ permit holder or
a hired master is aboard and is holding unused halibut IFQ for that
vessel category and the IFQ regulatory area in which the vessel is
operating (Sec. 679.7(f)(11)).
As of November 13, 2025, total groundfish catch from pot gear in
the BSAI was 17,435 mt, with an associated halibut bycatch mortality of
15 mt. The 2025 jig gear fishery harvested 0 mt of groundfish.
Pursuant to Sec. 679.21(e), PSC limits for crab and herring are
specified annually based on abundance and spawning biomass.
Based on the most recent (2025) survey data, the red king crab
mature female abundance is estimated at 12.7 million red king crabs,
and the effective spawning biomass is estimated at 25.9 million lbs
(11,750 mt). Based on the criteria set out at Sec. 679.21(e)(1)(i),
the calculated 2026 and 2027 PSC limit of red king crab in Zone 1 for
trawl gear is 97,000 animals. This limit derives from the mature female
abundance estimate above 8.4 million mature red king crab and an
effective spawning biomass between 14.5 and 55 million lbs.
Section 679.21(e)(3)(ii)(B)(2) establishes criteria under which
NMFS must specify, after consultation with the Council, an annual red
king crab bycatch limit for the Red King Crab Savings Subarea (RKCSS)
if the State has established a GHL fishery for red king crab in the
Bristol Bay area in the previous year. The regulations limit the RKCSS
red king crab bycatch limit to 25 percent of the red king crab PSC
limit, based on the need to optimize the groundfish harvest relative to
red king crab bycatch. In October 2025, the Council recommended and
NMFS proposes that the RKCSS red king crab
[[Page 58219]]
bycatch limit for 2026 and 2027 be equal to 25 percent of the red king
crab PSC limit (table 9).
Based on the most recent (2025) survey data from the NMFS annual
bottom trawl survey, Tanner crab (Chionoecetes bairdi) abundance is
estimated at 1,151.3 million animals. Pursuant to criteria set out at
Sec. 679.21(e)(1)(ii), the calculated 2026 and 2027 C. bairdi crab PSC
limit for trawl gear is 980,000 animals in Zone 1 and 2,970,000 animals
in Zone 2. The limit in Zone 1 is based on the total abundance of C.
bairdi (estimated at 1,151.3 million animals), which is greater than
400 million animals. The limit in Zone 2 is based on the total
abundance of C. bairdi (estimated at 1,153.1 million animals), which is
greater than 400 million animals.
Pursuant to Sec. 679.21(e)(1)(iii), the PSC limit for trawl gear
for snow crab (C. opilio) is based on total abundance as indicated by
the NMFS annual bottom trawl survey. The C. opilio crab PSC limit in
the C. opilio bycatch limitation zone (COBLZ) is set at 0.1133 percent
of the Bering Sea abundance index minus 150,000 crabs, unless a minimum
or maximum PSC limit applies. Based on the most recent (2025) survey
estimate of 12.64 billion animals, the calculated C. opilio crab PSC
limit is 14,321,120 animals. Because 0.1133 percent multiplied by the
total abundance is greater than 13 million animals, the maximum PSC
limit applies and the PSC limit will be 12,850,000 million animals.
Pursuant to Sec. 679.21(e)(1)(v), the PSC limit of Pacific herring
caught while conducting any trawl operation for BSAI groundfish is 1
percent of the annual eastern Bering Sea herring biomass. Due to the
lack of new information as of October 2025 regarding herring PSC limits
and apportionments, the Council recommended, and NMFS proposes, basing
the proposed 2026 and 2027 herring PSC limits and apportionments on the
2025 forecasted biomass estimate. Based on the 2025 forecasted biomass
estimate, the best current estimate of 2026 and 2027 herring biomass is
265,096 mt. This amount was developed by the Alaska Department of Fish
and Game based on biomass for spawning aggregations. Therefore, the
herring PSC limit proposed for 2026 and 2027 is 2,651 mt for all trawl
gear as listed in tables 8 and 9. The Council and NMFS will reconsider
the herring PSC limit for the final harvest specifications when updated
annual survey data and information on biomass becomes available.
Section 679.21(e)(3)(i)(A)(1) allocates 10.7 percent of each trawl
gear PSC limit specified for crab as a PSQ reserve for use by the
groundfish CDQ Program. Section 679.21(e)(3)(i)(A) requires that crab
PSQ reserves be subtracted from the total trawl PSC limits. The crab
and halibut PSC limits apportioned to the Amendment 80 and BSAI trawl
limited access sectors are listed in table 35 to 50 CFR part 679. The
resulting proposed 2026 and 2027 apportionments of crab and halibut PSC
limits to CDQ PSQ, the Amendment 80 sector, and the BSAI trawl limited
access sector are listed in table 8. Pursuant to Sec. Sec.
679.21(b)(1)(i), 679.21(e)(3)(vi), and 679.91(d) through (f), crab and
halibut trawl PSC limits apportioned to the Amendment 80 sector are
then further assigned to Amendment 80 cooperatives as cooperative
quotas. Crab and halibut PSC cooperative quotas assigned to Amendment
80 cooperatives are not allocated to specific fishery categories.
One Amendment 80 cooperative has formed for the 2026 fishing year.
Because all Amendment 80 vessels are part of the sole cooperative, no
PSC limit to the Amendment 80 limited access sector is required for
2026. The 2027 PSC limit apportionments between Amendment 80
cooperatives and the Amendment 80 limited access sector will not be
known until eligible participants apply for participation in the
program by November 1, 2026.
The BSAI allocation of halibut and crab PSC limits to the PCTC
Program is established in Sec. 679.131(c) and (d). The halibut PSC
apportioned to the trawl CV sector is 98 percent of the halibut PSC
limit apportioned to the BSAI trawl limited access sector's Pacific cod
fishery category, and the remaining 2 percent is apportioned to the AFA
C/P sector. The trawl CV sector apportionment is further allocated to
the A and B seasons (95 percent) and the C season (5 percent). The
allocation to the A and B season is subject to a 25 percent reduction
consistent with Sec. 679.131(c)(1)(iii) for the overall PCTC Program
halibut PSC limit. The crab PSC apportioned to the trawl CV sector is
90.6 percent of the crab PSC limit apportioned to the BSAI trawl
limited access sector's Pacific cod fishery category, and the remaining
9.4 percent is apportioned to the AFA C/P sector. The trawl CV sector
apportionment is further allocated to the A and B seasons (95 percent)
and the C season (5 percent), and the A and B season limit is reduced
by 35 percent to determine the overall PCTC Program crab PSC limit.
Pursuant to Sec. 679.131(c) and (d), the halibut and crab trawl
PSC limits assigned to the PCTC Program are then further issued to PCTC
Program cooperatives as cooperative quotas. NMFS calculates the halibut
and crab PSC limits for PCTC Program cooperatives based on the
submission of PCTC cooperative applications each year, as set forth in
Sec. 679.131(c) and (d). NMFS will include the 2026 halibut and crab
PSC limits for PCTC Program cooperatives in the final harvest
specifications. The 2027 allocations of halibut and crab PSC limits for
PCTC Program cooperatives will not be known until eligible participants
apply for participation in the program by November 1, 2026.
Sections 679.21(b)(2) and (e)(5) authorize NMFS, after consulting
with the Council, to establish seasonal apportionments of halibut and
crab PSC limits for the BSAI non-trawl, BSAI trawl limited access, and
Amendment 80 limited access sectors to maximize the ability of the
fleet to harvest the available groundfish TAC and to minimize bycatch.
The factors considered are (1) seasonal distribution of prohibited
species, (2) seasonal distribution of target groundfish species
relative to prohibited species distribution, (3) prohibited species
bycatch needs on a seasonal basis relative to prohibited species
biomass and expected catches of target groundfish species, (4) expected
variations in bycatch rates throughout the year, (5) expected changes
in directed groundfish fishing seasons, (6) expected start of fishing
effort, and (7) economic effects of establishing seasonal prohibited
species apportionments on segments of the target groundfish industry.
Based on these factors, the Council recommended, and NMFS proposes, the
seasonal PSC apportionments in tables 10 and 11 to maximize harvest
among gear types, fisheries, and seasons, while minimizing bycatch of
PSC.
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Halibut Discard Mortality Rates
To monitor halibut bycatch mortality allowances and apportionments,
the Regional Administrator uses observed halibut bycatch rates, halibut
discard mortality rates (DMRs), and estimates of groundfish catch to
project when a fishery's halibut bycatch mortality allowance or
seasonal apportionment is reached. Halibut bycatch rates are based on
observed estimates of halibut bycatch in the groundfish fishery. DMRs
are estimates of the proportion of halibut bycatch that do not survive
after being returned to the sea. The cumulative halibut mortality that
accrues to a particular halibut PSC limit is the product of a DMR
multiplied by the estimated halibut PSC. DMRs are estimated using the
best scientific information available in conjunction with the annual
BSAI stock assessment process.
The DMRs are calculated annually based on a methodology developed
by a halibut working group made up of IPHC, Council, and NMFS staff.
The DMR methodology and findings are included as an appendix to the
2024 SAFE Report (see ADDRESSES). The halibut working group continues
to consider improvements to the methodology used to calculate halibut
mortality, including potential changes to the reference period (the
period of data used for calculating the DMRs). Future DMRs may change
based on additional years of observer sampling, which could provide
more recent and accurate data and which could improve the accuracy of
estimation and progress on methodology. The methodology will continue
to ensure that NMFS is using DMRs that more accurately reflect halibut
mortality, which will inform the different sectors of their estimated
halibut mortality and allow specific sectors to respond with methods
that could reduce mortality and, eventually, the DMR for that sector.
At the October 2025 meeting, the SSC reviewed the DMRs recommended
by the Plan Team that were derived from the DMR methodology, which uses
a 2-year and 4-year reference period depending on data availability.
The Council then reviewed and recommended proposed 2026 and 2027 DMRs.
NMFS is proposing the DMRs reviewed by the SSC and recommended by the
Council in October 2025 for the proposed 2026 and 2027 DMRs. Table 12
lists the proposed 2026 and 2027 DMRs.
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Proposed Salmon PSC Limits
Under Sec. 679.21(f)(2), NMFS annually allocates portions of
either 33,318, 45,000, 47,591, or 60,000 Chinook salmon PSC limits
among the AFA sectors, depending on past bycatch performance, on
whether Chinook salmon bycatch incentive plan agreements (IPA) are
approved, and on whether NMFS determines it is a low Chinook salmon
abundance year. NMFS will determine that it is a low Chinook salmon
abundance year when abundance of Chinook salmon in western Alaska is
less than or equal to 250,000 Chinook salmon. The State provides to
NMFS an estimate of Chinook salmon abundance using the 3-System Index
for western Alaska, based on the Kuskokwim, Unalakleet, and Upper Yukon
aggregate stock grouping.
If an AFA sector participates in an approved IPA and has not
exceeded its performance standard under Sec. 679.21(f)(6), and if it
is not a low Chinook salmon abundance year, then NMFS will allocate a
portion of the 60,000 Chinook salmon PSC limit to that sector as
specified in Sec. 679.21(f)(3)(iii)(A). If no IPA is approved or the
sector has exceeded its performance standard under Sec. 679.21(f)(6),
and if it is not a low abundance year, then NMFS will allocate a
portion of the 47,591 Chinook salmon PSC limit to that sector as
specified in Sec. 679.21(f)(3)(iii)(C). If an AFA sector participates
in an approved IPA and has not exceeded its performance standard under
Sec. 679.21(f)(6) and it is a low abundance year, then NMFS will
allocate a portion of the 45,000 Chinook salmon PSC limit to that
sector as specified in Sec. 679.21(f)(3)(iii)(B). If no IPA is
approved or the sector has exceeded its performance standard under
Sec. 679.21(f)(6) and it is a low abundance year, then NMFS will
allocate a portion of the 33,318 Chinook salmon PSC limit to that
sector as specified in Sec. 679.21(f)(3)(iii)(D).
NMFS has determined that 2025 was a low Chinook salmon abundance
year, based on the State's estimate that Chinook salmon abundance in
western Alaska is less than 250,000 Chinook salmon. Therefore, in 2026,
the Chinook salmon PSC limit is 45,000 Chinook salmon, allocated to
each sector as specified in Sec. 679.21(f)(3)(iii)(B). In 2026, the
Chinook salmon bycatch performance standard under Sec. 679.21(f)(6) is
33,318 Chinook salmon, allocated to each sector as specified in Sec.
679.21(f)(3)(iii)(D). If a sector exceeds its Chinook salmon bycatch
performance standard in any three of seven consecutive years, that
sector's allocation is reduced to the amount allocated under the
Chinook salmon bycatch performance standard at Sec.
679.21(f)(3)(iii)(C)-(D). The AFA sector Chinook salmon PSC allocations
are also seasonally apportioned with 70 percent of the allocation for
the A season pollock fishery and 30 percent of the allocation for the B
season pollock fishery (Sec. Sec. 679.21(f)(3)(i) and 679.23(e)(2)).
NMFS publishes the approved IPAs and the Chinook salmon PSC allocations
and reports at <a href="https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/sustainable-fisheries-alaska</a>.
Section 679.21(g)(2)(i) specifies 700 fish as the Chinook salmon
PSC limit for the AI pollock fishery. Section 679.21(g)(2)(ii)
allocates 7.5 percent, or 53 Chinook salmon, as the AI PSQ reserve for
the CDQ Program and allocates the remaining 647 Chinook salmon to the
non-CDQ fisheries.
Section 679.21(f)(14)(i) specifies 42,000 fish as the non-Chinook
salmon PSC limit for vessels using trawl gear from August 15 through
October 14 in the Catcher Vessel Operational Area (CVOA). Section
679.21(f)(14)(ii) allocates 10.7 percent, or 4,494 non-Chinook salmon,
in the CVOA as the PSQ reserve for the CDQ Program and allocates the
remaining 37,506 non-Chinook salmon in the CVOA to the non-CDQ
fisheries. Section 679.21(f)(14)(iv) exempts from closures in the Chum
Salmon Savings Area trawl vessels participating in directed fishing for
pollock and operating under an IPA approved by NMFS.
AFA Harvesting Sideboard Limits
Section 679.64 establishes groundfish harvesting and processing
sideboard limits on AFA C/Ps and CVs in the BSAI. These sideboard
limits are necessary to protect the interests of fishermen and
processors who do not directly benefit from the AFA from those
fishermen and processors who received exclusive harvesting and
processing privileges under the AFA.
Listed AFA C/P Sideboard Limits
Pursuant to Sec. 679.64(a)(1), the Regional Administrator
establishes annual AFA C/P harvest limits for each groundfish species
or species group in which a TAC is specified for an area or subarea of
the BSAI. Section 679.20(d)(1)(iv)(D) and table 54 to 50 CFR part 679
prohibit non-exempt AFA C/Ps from directed fishing for all groundfish
species or species groups subject to sideboard limits. NMFS proposes to
exempt AFA C/Ps from a yellowfin sole sideboard limit pursuant to Sec.
679.64(a)(1)(v) because the proposed 2026 and 2027 aggregate ITAC of
yellowfin sole assigned to the Amendment 80 sector and BSAI trawl
limited access sector is greater than 125,000 mt.
Section 679.64(a)(2) and tables 40 and 41 to 50 CFR part 679
establish a formula for calculating PSC sideboard limits for halibut
and crab caught by listed AFA C/Ps. The basis for these sideboard
limits is described in detail in the final rules implementing the major
provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80
(72 FR 52668, September 14, 2007). PSC species listed in table 13 that
are caught by listed AFA C/Ps participating in any groundfish fishery
other than pollock will accrue against the proposed 2026 and 2027 PSC
sideboard limits for the listed AFA C/Ps. Sections 679.21(b)(4)(iii),
(e)(3)(v), and (e)(7) authorize NMFS to close directed fishing for
groundfish other than pollock for listed AFA C/Ps once a 2026 or 2027
PSC sideboard limit is reached. Pursuant to Sec. 679.21(b)(1)(ii)(C)
and (e)(3)(ii)(C), halibut or crab PSC by listed AFA C/Ps while fishing
for pollock will accrue against the PSC allowances annually specified
for the pollock/Atka mackerel/``other species'' fishery categories,
according to Sec. 679.21(b)(1)(ii)(B) and (e)(3)(iv).
[[Page 58225]]
[GRAPHIC] [TIFF OMITTED] TP16DE25.027
AFA CV Sideboard Limits
Section 679.64(b)(3) and (b)(4) and tables 40 and 41 to 50 CFR part
679 establish formulas for setting AFA CV groundfish sideboard limits
and halibut and crab PSC sideboard limits for the BSAI. The basis for
these sideboard limits is described in detail in the final rules
implementing the major provisions of the AFA (67 FR 79692, December 30,
2002), Amendment 80 (72 FR 52668, September 14, 2007), and Amendment
122 (88 FR 53704, August 8, 2023). NMFS proposes to exempt AFA CVs from
a yellowfin sole sideboard limit pursuant to Sec. 679.64(b)(6) because
the proposed 2026 and 2027 aggregate ITAC of yellowfin sole assigned to
the Amendment 80 sector and BSAI trawl limited access sector is greater
than 125,000 mt.
Section 679.20(d)(1)(iv)(D) and table 55 to 50 CFR part 679
prohibit non-exempt AFA CVs from directed fishing for a majority of the
groundfish species or species groups subject to sideboard limits. The
only remaining sideboard limit for non-exempt AFA CVs is for Pacific
cod. Pursuant to amendment 122 to the FMP, the Pacific cod sideboard
limit is no longer necessary in the A and B seasons because directed
fishing in the BSAI for Pacific cod by trawl CVs is now managed under
the PCTC Program, and accordingly the sideboard limit is in effect in
the C season only (Sec. 679.64(b)(3)(ii)). Table 14 lists the proposed
2026 and 2027 AFA CV Pacific cod sideboard limits.
[GRAPHIC] [TIFF OMITTED] TP16DE25.028
Halibut and crab PSC limits listed in table 15 that are caught by
AFA CVs participating in any groundfish fishery other than pollock will
accrue against the 2026 and 2027 PSC sideboard limits for the AFA CVs.
Sections
[[Page 58226]]
679.21(b)(4)(iii), (e)(3)(v), and (e)(7) authorize NMFS to close
directed fishing for groundfish other than pollock for AFA CVs once a
2026 or 2027 PSC sideboard limit is reached. Pursuant to Sec.
679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), halibut or crab PSC by AFA CVs
while fishing for pollock will accrue against the PSC allowances
annually specified for the pollock/Atka mackerel/``other species''
fishery categories, according to Sec. 679.21(b)(1)(ii)(B) and
(e)(3)(iv).
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[GRAPHIC] [TIFF OMITTED] TP16DE25.029
BILLING CODE 3510-22-C
Classification
NMFS is issuing this proposed rule pursuant to section 305(d) of
the Magnuson-Stevens Act. Through previous actions, the FMP and
regulations authorize NMFS to take this action under section 305(d)
(see 50 CFR part 679). The NMFS Assistant Administrator has
preliminarily determined that the proposed harvest specifications are
consistent with the FMP, the Magnuson-Stevens Act, and other applicable
laws, subject to further review and consideration after public comment.
NMFS finds that a comment period of at least 15 days for this
action provides a reasonable opportunity for public participation
pursuant to
[[Page 58227]]
Administrative Procedure Act section 553(c) (5 U.S.C. 553(c)). Section
3.2.3.1.3 of the FMP notes the public review and comment period on the
proposed harvest specifications will be at least 15 days. This year a
shorter comment period is necessary to ensure the final harvest
specifications publish no later than March 18, 2026, while providing
the public with a meaningful opportunity for review and comment. The
subject of this proposed rule--the annual harvest specifications--is
based on the established harvest strategy and harvest control rules and
tier system in the FMP. NMFS was unable to publish the proposed rule
any earlier and afford a longer comment period due to the lapse in
appropriations and resulting government shutdown. A prolonged comment
period and subsequent potential delay in implementation of this action
before the final 2025 and 2026 harvest specifications expire on March
18, 2026, would be contrary to public interest and could result in the
closure of the BSAI groundfish fisheries until the final 2026 and 2027
harvest specifications are published.
This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Order (E.O.) 12866 because it only implements
annual catch limits in the BSAI. This action is not a regulatory action
under E.O. 14192 because it is exempt from review under E.O. 12866.
NMFS prepared an EIS for the Alaska groundfish harvest
specifications and alternative harvest strategies (see ADDRESSES) and
made it available to the public on January 12, 2007 (72 FR 1512). On
February 13, 2007, NMFS issued the ROD for the Final EIS. A SIR is
being prepared for the final 2026 and 2027 harvest specifications to
address the need to prepare a Supplemental EIS. Copies of the Final
EIS, ROD, and annual SIRs for this action are available from NMFS (see
ADDRESSES). The Final EIS analyzes the environmental, social, and
economic consequences of alternative harvest strategies on resources in
the action area. Based on the analysis in the Final EIS, NMFS concluded
that the preferred alternative (Alternative 2) provides the best
balance among relevant environmental, social, and economic
considerations and allows for continued management of the groundfish
fisheries based on the most recent, best scientific information.
Initial Regulatory Flexibility Analysis
This Initial Regulatory Flexibility Analysis (IRFA) was prepared
for this proposed rule, as required by Section 603 of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 603), to describe the economic impact
this proposed rule, if adopted, would have on small entities. The IRFA
describes the action; the reasons why this proposed rule is proposed;
the objectives and legal basis for this proposed rule; the estimated
number and description of directly regulated small entities to which
this proposed rule would apply; the recordkeeping, reporting, and other
compliance requirements of this proposed rule; and the relevant Federal
rules that may duplicate, overlap, or conflict with this proposed rule.
The IRFA also describes significant alternatives to this proposed rule
that would accomplish the stated objectives of the Magnuson-Stevens
Act, and any other applicable statutes, and that would minimize any
significant economic impact of this proposed rule on small entities.
The description of the proposed action, its purpose, and the legal
basis are explained earlier in the preamble and are not repeated here.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (50 CFR 200.2). A business primarily
engaged in commercial fishing (North American Industry Classification
System (NAICS) 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 gross
receipts not in excess of $11 million for all its affiliated operations
worldwide. A shoreside and mothership processor primarily involved in
seafood processing (NAICS code 311710) 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 employment, counting all individuals employed on a full-time,
part-time, or other basis, not in excess of 750 employees for all its
affiliated operations worldwide.
Number and Description of Small Entities Regulated by This Proposed
Rule
The entities directly regulated by the groundfish harvest
specifications include: (a) entities operating vessels with groundfish
Federal fisheries permits (FFPs) catching FMP groundfish in Federal
waters (including those receiving direction allocations of groundfish);
(b) all entities operating vessels, regardless of whether they hold
groundfish FFPs, catching FMP groundfish in the State-waters parallel
fisheries; and (c) all entities operating vessels fishing for halibut
that have incidental catch of FMP groundfish (whether or not they have
FFPs).
In 2024 (the most recent year of complete data), there were 92
individual CVs and 1 C/P with gross revenues less than or equal to $11
million. The six CDQ groups are also considered small entities. This
represents the potential suite of directly regulated small entities.
The determination of entity size is based on vessel revenues and
affiliated group revenues. This determination also includes an
assessment of fisheries cooperative affiliations, although actual
vessel ownership affiliations have not been completely established.
However, the estimate of these 93 vessels may be an overstatement of
the number of small entities because of the complexity of analyzing the
links and affiliations across these vessels, particularly since many of
them conduct operations in both Federal and State fisheries. This group
of vessels had average gross revenues that varied by gear type. Average
gross revenues for hook-and-line CVs, pot gear CVs, and trawl gear CVs
are estimated to be $0.73 million, $1.47 million, and $3.39 million,
respectively. Average gross revenues for C/P entities are confidential.
There are 3 AFA cooperative affiliated motherships that appear to fall
under the 750 worker threshold and are therefore small entities. The
average gross revenues for the AFA motherships are confidential because
all three members are in a cooperative and have operated two of their
three vessels in recent years.
Recordkeeping, Reporting, and Other Compliance Requirements and
Relevant Federal Rules That May Duplicate, Overlap, or Conflict With
Proposed Rule
This action would not impose recordkeeping and reporting
requirements. This action would set TAC and PSC limits that NMFS
utilizes for the management of the groundfish fishery in the BSAI. If a
TAC limit or PSC limit has been or will be reached, NMFS can take
action to prevent exceeding the specified limit. Entities operating in
the BSAI must follow any inseason actions NMFS issues. The specific
compliance requirements for entities operating in the BSAI are set by
regulations that are separate from this action. This action does not
duplicate, overlap, or conflict with any Federal rules.
Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities
The action under consideration is the proposed 2026 and 2027
harvest specifications, apportionments, and
[[Page 58228]]
prohibited species catch limits for the groundfish fishery of the BSAI.
This action is necessary to establish harvest limits for groundfish
during the 2026 and 2027 fishing years and is taken in accordance with
the FMP recommended by the Council and approved by NMFS pursuant to the
Magnuson-Stevens Act. The establishment of the proposed harvest
specifications is governed by the Council and NMFS's harvest strategy
for the catch of groundfish in the BSAI. Under the preferred harvest
strategy, TACs are set to a level that falls within the range of ABCs
recommended by the SSC through the harvest specifications process; the
sum of the TACs must achieve the OY specified in the FMP and
regulations. While the specific numbers that the harvest strategy
produces may vary from year to year, the methodology used for the
preferred harvest strategy remains constant.
The proposed TACs associated with the preferred harvest strategy
are those recommended by the Council in October 2025. Proposed OFLs and
ABCs for the species were based on recommendations prepared by the
Council's Plan Team in September 2025 and reviewed by the Council's SSC
in October 2025. The Council based its TAC recommendations on those of
its AP, which were consistent with the SSC's OFL and ABC
recommendations. The sum of all TACs remains within the OY for the BSAI
consistent with Sec. 679.20(a)(1)(i)(A). Because setting all TACs
equal to ABCs would cause the sum of TACs to exceed an OY of 2 million
mt, TACs for some species or species groups are lower than the ABCs
recommended by the Plan Team and the SSC.
The proposed 2026 and 2027 OFLs and ABCs are based on the best
available biological information, including projected biomass trends,
information on assumed distribution of stock biomass, and revised
technical methods to calculate stock biomass. The proposed 2026 and
2027 TACs are based on the best available biological and socioeconomic
information. The proposed 2026 and 2027 OFLs, ABCs, and TACs are
consistent with the biological condition of groundfish stocks as
described in the 2024 SAFE report, which is the most recent, completed
SAFE report.
Under this action, the proposed ABCs reflect harvest amounts that
are less than the specified OFLs. The proposed TACs are within the
range of proposed ABCs recommended by the SSC and do not exceed the
biological limits recommended by the SSC (the ABCs and OFLs). For some
species and species groups in the BSAI, the Council recommended, and
NMFS proposes, proposed TACs equal to proposed ABCs, which is intended
to maximize harvest opportunities in the BSAI.
However, NMFS cannot set TACs for all species in the BSAI equal to
their ABCs due to the constraining OY limit of 2 million mt. For this
reason, some proposed TACs are less than the proposed ABCs. The
specific reductions were reviewed and recommended by the Council's AP,
and the Council in turn adopted the AP's TAC recommendations in making
its own recommendations for the proposed 2026 and 2027 TACs.
Based upon the best scientific data available, and in consideration
of the objectives for this action, it appears that there are no
significant alternatives to the proposed rule that have the potential
to accomplish the stated objectives of the Magnuson-Stevens Act and any
other applicable statutes and that have the potential to minimize any
significant adverse economic impact of the proposed rule on small
entities. This action is economically beneficial to entities operating
in the BSAI, including small entities. The action proposes TACs for
commercially-valuable species in the BSAI and allows for the continued
prosecution of the fishery, thereby creating the opportunity for
fishery revenue. After public process during which the Council
solicited input from stakeholders, the Council recommended the proposed
harvest specifications, which NMFS determines would best accomplish the
stated objectives articulated in the preamble for this proposed rule,
and in applicable statutes, and would minimize to the extent
practicable adverse economic impacts on the universe of directly
regulated small entities.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Adverse impacts on marine mammals or endangered or threatened
species resulting from fishing activities conducted under these harvest
specifications are discussed in the Final EIS and its accompanying
annual SIRs (see ADDRESSES).
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540(f); 16 U.S.C.
1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106-
31; Pub. L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 109-
241; Pub. L. 109-479.
Dated: December 12, 2025.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2025-22995 Filed 12-15-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on December 16, 2025.
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.