Rule2025-23775
Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2026 Aleutian Islands Pacific Cod Total Allowable Catch Amount and Bering Sea and Aleutian Islands Pacific Cod Allocations
Primary source
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Published
December 23, 2025
Effective
January 1, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is adjusting the 2026 total allowable catch (TAC) amount for Aleutian Islands (AI) Pacific cod and the Bering Sea and Aleutian Islands (BSAI) Pacific cod sector allocations and seasonal apportionments. NMFS has determined the AI Pacific cod TAC is incorrectly specified and these adjustments will address the underharvest of BSAI Pacific cod TACs that would result if the TACs were not adjusted. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the BSAI Management Area (FMP).
Full Text
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<title>Federal Register, Volume 90 Issue 244 (Tuesday, December 23, 2025)</title>
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[Federal Register Volume 90, Number 244 (Tuesday, December 23, 2025)]
[Rules and Regulations]
[Pages 60025-60028]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23775]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 250312-0036; RTID 0648-XF403]
Fisheries of the Exclusive Economic Zone Off Alaska; Inseason
Adjustment to the 2026 Aleutian Islands Pacific Cod Total Allowable
Catch Amount and Bering Sea and Aleutian Islands Pacific Cod
Allocations
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; inseason adjustment; request for comments.
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SUMMARY: NMFS is adjusting the 2026 total allowable catch (TAC) amount
for
[[Page 60026]]
Aleutian Islands (AI) Pacific cod and the Bering Sea and Aleutian
Islands (BSAI) Pacific cod sector allocations and seasonal
apportionments. NMFS has determined the AI Pacific cod TAC is
incorrectly specified and these adjustments will address the
underharvest of BSAI Pacific cod TACs that would result if the TACs
were not adjusted. This action is consistent with the goals and
objectives of the Fishery Management Plan for Groundfish of the BSAI
Management Area (FMP).
DATES: Effective 0001 hours, Alaska local time (A.l.t.), January 1,
2026, through March 18, 2026, unless otherwise modified or superseded
through publication of the final 2026 and 2027 harvest specifications
for BSAI groundfish.
Comments must be received at the following ADDRESSES no later than
4:30 p.m., A.l.t., January 7, 2026.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2024-0116, by any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and type NOAA-NMFS-2024-0116 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).
FOR FURTHER INFORMATION CONTACT: Andrew Olson, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI exclusive economic zone according to the FMP prepared and
recommended by the North Pacific Fishery Management Council (Council)
under authority of the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act). Regulations governing fishing by
U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR
600 and 50 CFR part 679.
The final 2025 and 2026 harvest specifications for groundfish in
the BSAI (90 FR 12640, March 18, 2025) set the 2026 AI Pacific cod TAC
at 8,432 mt. In December 2025, the Council recommended a 2026 AI
Pacific cod TAC of 8,951 mt, which is more than the AI Pacific cod TAC
of 8,432 mt established for 2026 by the final 2025 and 2026 harvest
specifications for groundfish in the BSAI. This increase in TAC
accounts for a reduction in the guideline harvest level (GHL) set for
the State of Alaska (State) waters Pacific cod fishery in the AI. The
AI Pacific cod TAC accounts for the State GHL for Pacific cod to ensure
that the sum of all State and Federal Pacific cod removals do not
exceed the acceptable biological catch (ABC) set for AI Islands Pacific
cod.
Steller sea lions occur in the same location as the Pacific cod
fisheries and are listed as endangered under the Endangered Species
Act. Pacific cod is a principal prey species for Steller sea lions in
the BSAI. NMFS published regulations and the revised harvest limit
amount for Pacific cod fisheries to implement Steller sea lion
protection measures to ensure that groundfish fisheries of the BSAI are
not likely to jeopardize the continued existence of the western
distinct population segment of Steller sea lions or destroy or
adversely modify their designated critical habitat (79 FR 70286,
November 25, 2014). These measures include regulations requiring the
seasonal apportionment of Pacific cod harvest and the specification of
an Area 543 Pacific cod harvest limit. 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 by the remaining ABC for AI Pacific cod.
Stock assessments were not completed in 2025 due to the lapse in
appropriations and resulting government shutdown from October 1, 2025
through November 12, 2025. The Scientific and Statistical Committee
(SSC) recommendations are informed by the Groundfish Plan Team's
recommended overfishing limits (OFLs) and ABCs from their November 2024
meeting as well as a review of the most recent Stock Assessment and
Fishery Evaluation (SAFE) report dated November 2024. The Council's TAC
recommendations are based on those of its Advisory Panel, consistent
with the SSC's OFL and ABC recommendations, and reflect the most recent
information on the State GHL and Pacific cod.
In accordance with Sec. 679.25(a)(1)(iii), (a)(2)(i)(C), and
(a)(2)(iv), the Administrator, Alaska Region, NMFS (Regional
Administrator), has determined that the 2026 AI Pacific cod TAC and
subsequent BSAI Pacific cod sector allocations and seasonal
apportionments are incorrectly specified and that adjustments are
necessary to address the underharvest of BSAI Pacific cod that could
occur if the AI Pacific cod TAC and BSAI Pacific cod sector allocations
are not increased consistent with the TAC recommendations by the
Council at the December 2025 meeting. This determination is based on
the November 2024 SAFE report and the TAC recommendations by the
Council at the December 2025 meeting, and in consideration of the
change in the State GHL for the State waters fishery in the AI and the
regulations implementing the Steller sea lion protection measures. The
adjustment to the AI Pacific cod TAC is also necessary to ensure that
the BSAI Pacific cod TACs are seasonally apportioned among sectors
consistent with the Steller sea lion protection measures and that the
Area 543 Pacific cod harvest limit, which is based on Pacific cod
abundance in Area 543, is correctly specified. These adjustments are
based upon the best available scientific information concerning the
biological stock status of AI Pacific cod.
Pursuant to Sec. 679.25(a)(1)(iii), the Regional Administrator is
adjusting the 2026 AI Pacific cod TAC to 8,951 mt. Therefore, table 2
of the final 2025 and 2026 harvest specifications for groundfish in the
BSAI (90 FR 12640, March 18, 2025) is revised consistent with this
adjustment.
Pursuant to Sec. 679.20(a)(7), table 10 of the final 2025 and 2026
harvest specifications for groundfish in the BSAI (90 FR 12640, March
18, 2025) is revised for the 2026 sector allocations and seasonal
allowances of the BSAI Pacific cod TAC, Community Development Quota
(CDQ) Program directed fishing allowances (DFAs), and Pacific Cod Trawl
Cooperative (PCTC) Program DFAs consistent with this adjustment.
[[Page 60027]]
Table 10--Final 2026 Sector Allocations and Seasonal Allowances of the BSAI Pacific Cod TAC
[Values are rounded to the nearest metric ton]
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2026 share of
area, gear,
Sector Percent and sector Season Season amounts
total
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Total Bering Sea TAC.................. n/a 123,077 n/a..................... n/a
Bering Sea CDQ........................ n/a 13,169 See Sec. n/a
679.20(a)(7)(i)(B).
Bering Sea non-CDQ TAC................ n/a 109,908 n/a..................... n/a
Total Aleutian Islands TAC............ n/a 8,951 n/a..................... n/a
Aleutian Islands CDQ.................. n/a 958 See Sec. n/a
679.20(a)(7)(i)(B).
Aleutian Islands non-CDQ TAC.......... n/a 7,993 n/a..................... n/a
Western Aleutian Islands Limit........ n/a 2,864 n/a..................... n/a
Total BSAI non-CDQ TAC \1\............ 100 117,901 n/a..................... n/a
Total hook-and-line/pot gear.......... 60.8 71,684 n/a..................... n/a
Hook-and-line/pot ICA \2\............. n/a 500 n/a..................... n/a
Hook-and-line/pot sub-total........... n/a 71,184 n/a..................... n/a
Hook-and-line catcher/processors...... 48.7 57,017 n/a..................... n/a
A-season.............................. n/a n/a Jan 1-Jun 10............ 29,079
B-season.............................. n/a n/a June 10-Dec 31.......... 27,938
Hook-and-line catcher vessels >=60 ft 0.2 234 n/a..................... n/a
LOA.
A-season.............................. n/a n/a Jan 1-Jun 10............ 119
B-season.............................. n/a n/a June 10-Dec 31.......... 115
Pot catcher/processers................ 1.5 1,756 n/a..................... n/a
A-season.............................. n/a n/a Jan 1-Jun 10............ 896
B-season.............................. n/a n/a Sept 1-Dec 31........... 861
Pot catcher vessels >=60 ft LOA....... 8.4 9,835 n/a..................... n/a
A-season.............................. n/a n/a Jan 1-Jun 10............ 5,016
B-season.............................. n/a n/a Sept 1-Dec 31........... 4,819
Catcher vessels <60 ft LOA using hook- 2 2,342 n/a..................... n/a
and-line or pot.
Trawl catcher vessels \3\............. 22.1 26,056 n/a..................... n/a
A-season ICA.......................... n/a n/a Jan 20-Apr 1............ 1,500
A-season PCTC......................... n/a n/a Jan 20-Apr 1............ 17,782
B-season ICA.......................... n/a n/a Apr 1-Jun 10............ 600
B-season PCTC......................... n/a n/a Apr 1-Jun 10............ 2,166
C-season trawl catcher vessels........ n/a n/a Jun 10-Nov 1............ 3,908
AFA trawl catcher/processors.......... 2.3 2,712 n/a..................... n/a
A-season.............................. n/a n/a Jan 20-Apr 1............ 2,034
B-season.............................. n/a n/a Apr 1-Jun 10............ 678
C-season.............................. n/a n/a Jun 10-Nov 1............ 0
Amendment 80.......................... 13.4 15,799 n/a..................... n/a
A-season.............................. n/a n/a Jan 20-Apr 1............ 11,849
B-season.............................. n/a n/a Apr 1-Jun 10............ 3,950
C-season.............................. n/a n/a Jun 10-Dec 31........... 0
Jig................................... 1.4 1,651 n/a..................... n/a
A-season.............................. n/a n/a Jan 1-Apr 30............ 990
B-season.............................. n/a n/a Apr 30-Aug 31........... 330
C-season.............................. n/a n/a Aug 31-Dec 31........... 330
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\1\ The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and
AI Pacific cod TACs, after subtraction of the reserves for the CDQ Program. If the TAC for Pacific cod in
either the BS or AI is or will be reached, then directed fishing will be prohibited for non-CDQ Pacific cod in
that subarea, even if a BSAI allowance remains (Sec. 679.20(d)(1)(iii)).
\2\ The incidental catch allowance (ICA) for the hook-and-line and pot sectors will be deducted from the
aggregate portion of Pacific cod TAC allocated to the hook-and-line and pot sectors. The Regional
Administrator sets an ICA of 500 mt based on anticipated incidental catch by these sectors in other fisheries.
\3\ The A and B season trawl CV Pacific cod allocation will be allocated to the PCTC Program after subtraction
of the A and B season ICAs (Sec. 679.131(b)(1)). Section 679.131(b)(1)(i) 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. The Regional Administrator sets for the A and B seasons, ICAs of 1,500 mt and 600 mt,
respectively, to account for projected incidental catch of Pacific cod by trawl catcher vessels engaged in
directed fishing for groundfish other than PCTC Program Pacific cod.
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 679, which was
issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is
exempt from review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment would be impracticable and contrary to the public interest,
as it would prevent NMFS from responding to the most recent fisheries
data and information in a timely fashion and would result in the
underharvest of Pacific cod in the BSAI if the AI Pacific cod TAC and
BSAI Pacific cod sector allocations are not increased consistent with
the TAC recommendations by the Council at their December 2025 meeting.
NMFS was unable to publish a notice providing time for public comment
because the most recent, relevant data and information only became
available as of December 19, 2025. This action must be effective by
January 1, 2026, to ensure harvests of Pacific cod are consistent with
seasonal apportionments and harvest limits for Pacific cod that are
based on regulations
[[Page 60028]]
implementing Steller sea lion protection measures.
Without this inseason adjustment, NMFS could not allow the fishery
for Pacific cod in the BSAI to be harvested in an expedient manner.
Under Sec. 679.25(c)(2), interested persons are invited to submit
written comments on this action to the above ADDRESSES until January 7,
2026.
There is good cause under 5 U.S.C. 553(d)(3) to establish an
effective date less than 30 days after date of publication. This
finding is based upon the reasons provided above for waiver of prior
notice and opportunity for public comment.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 19, 2025.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2025-23775 Filed 12-22-25; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on December 23, 2025.
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