Rule2026-02656
Fisheries of the Exclusive Economic Zone Off Alaska; Inseason Adjustment to the 2026 Gulf of Alaska Pacific Cod Total Allowable Catch
Primary source
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Published
February 10, 2026
Effective
February 10, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is adjusting the 2026 total allowable catch (TAC) amounts for the Gulf of Alaska (GOA) Pacific cod fisheries. This action is necessary because NMFS has determined that TACs are incorrectly specified, as they are not informed by the most recent Pacific cod stock assessment, and that adjustments to TACs are necessary to prevent harvest of incorrectly specified TACs. This action will ensure the GOA Pacific cod TACs are based on the best scientific information available concerning the stock status for Pacific cod in the GOA. This action is consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the GOA (FMP).
Full Text
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<title>Federal Register, Volume 91 Issue 27 (Tuesday, February 10, 2026)</title>
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[Federal Register Volume 91, Number 27 (Tuesday, February 10, 2026)]
[Rules and Regulations]
[Pages 5858-5860]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02656]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 250312-0037; RTID 0648-XF494]
Fisheries of the Exclusive Economic Zone Off Alaska; Inseason
Adjustment to the 2026 Gulf of Alaska Pacific Cod Total Allowable Catch
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) amounts
for the Gulf of Alaska (GOA) Pacific cod fisheries. This action is
necessary because NMFS has determined that TACs are incorrectly
specified, as they are not informed by the most recent Pacific cod
stock assessment, and that adjustments to TACs are necessary to prevent
harvest of incorrectly specified TACs. This action will ensure the GOA
Pacific cod TACs are based on the best scientific information available
concerning the stock status for Pacific cod in the GOA. This action is
consistent with the goals and objectives of the Fishery Management Plan
for Groundfish of the GOA (FMP).
DATES: Effective February 10, 2026, through 1200 hours, A.l.t., March
17, 2026, unless otherwise modified or superseded through publication
of the final 2026 and 2027 harvest specifications for GOA groundfish in
the Federal Register.
Comments must be received no later than February 25, 2026.
ADDRESSES: You may submit comments on this document, identified by
docket number NOAA-NMFS-2024-0124 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 enter NOAA-NMFS-2024-0124 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: Abby Jahn, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
GOA 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
[[Page 5859]]
Management Act (Magnuson-Stevens Act). Regulations governing fishing by
U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR
part 600 and 50 CFR part 679.
The final 2025 and 2026 harvest specifications for groundfish in
the GOA set the 2026 Pacific cod TAC at 22,235 metric tons (mt) in the
GOA (90 FR 12468, March 18, 2025). In December 2025, the Council
considered and recommended updated 2026 specifications for Pacific cod
as part of the final 2026 and 2027 harvest specifications. As
recommended by the Council in December 2025, the overfishing limit
(OFL) was set at 36,459 mt for the GOA-wide stock and the apportionment
of the allowable biological catch (ABC) was set at 8,182 mt, 19,263 mt,
and 2,748 mt for the Western Gulf Regulatory Area (WGOA), Central Gulf
Regulatory Area (CGOA), and the Eastern Gulf Regulatory Area (EGOA),
respectively. In December 2025, the Council also recommended a 2026
Pacific cod TAC of 21,826 mt for the GOA, which is less than the 22,235
mt established by the final 2025 and 2026 harvest specifications for
groundfish in the GOA. The decrease in TAC was due to the Alaska Board
of Fisheries (BOF)'s increase in the State of Alaska (State) guideline
harvest level (GHL) from 30 to 35 percent for the WGOA in October 2025.
NMFS adjusted the 2026 Pacific cod TAC to 21,826 mt (90 FR 60022,
December 23, 2025) consistent with the Council's recommendation.
Because the GHL had increased for the WGOA, the WGOA TAC and GOA-wide
TAC were adjusted to account for that increase to ensure that the sum
of all Pacific cod removals from State and Federal waters in the GOA do
not exceed the Pacific cod ABC.
Stock assessments were not completed in 2025 due to the lapse in
Federal appropriations and resulting government shutdown from October
1, 2025, through November 12, 2025. The December 2025 Scientific and
Statistical Committee's (SSC's) recommendations for Pacific cod in the
GOA were informed by the Groundfish Plan Team's recommended OFL and ABC
from their November 2024 meeting as well as a review of the most recent
Stock Assessment and Fishery Evaluation report dated November 2024.
In December 2025, the Council requested the Alaska Fisheries
Science Center update the stock assessment for Pacific cod in the GOA
and provide the assessment to the Groundfish Plan Team for review. In
January 2026, the Groundfish Plan Team reviewed the assessment and
recommended OFL and ABC based on the updated Pacific cod stock
assessment. At the February 2026 Council meeting, the SSC reviewed the
updated stock assessment and made their own recommendations for OFL and
ABC. The Council then recommended a 2026 Pacific cod TAC based on the
SSC's OFL and ABC recommendations. As recommended by the SSC and
Council in February 2026, the OFL is 49,782 mt and the ABC is 41,520 mt
for the GOA-wide stock. The apportionment of the ABC is 10,297 mt,
28,732 mt, and 2,491 mt for the WGOA, CGOA, and EGOA, respectively. The
TACs are adjusted from the ABC to account for the State's GHL for each
subarea to ensure that the sum of all Pacific cod removals from State
and Federal waters in the GOA do not exceed the Pacific cod ABC. These
adjustments account for the GHL increase from 30 to 35 percent for the
WGOA established by the BOF in October 2025 and an increase from 25 to
27 percent for the EGOA established by the State's recommendation and
Council's motion in February 2026. There were no GHL changes for the
CGOA, which remains at 25 percent. As a result, total TAC is set at
30,053 mt, and TACs are 6,693 mt, 21,549 mt, and 1,811 mt for the WGOA,
CGOA, and EGOA, respectively.
Steller sea lions occur in the same location as Pacific cod
fisheries and are listed as endangered under the Endangered Species
Act. Pacific cod are one of the predominant prey species for Steller
sea lions in the GOA. Regulations implementing Steller sea lion
protection measures include regulations at Sec. 679.20(a)(12)(i) that
specify, for each sector, the seasonal apportionment of Pacific cod TAC
in the WGOA and CGOA.
In accordance with Sec. 679.25(a)(1)(iii), (a)(2)(i)(B), and
(a)(2)(iv), the Regional Administrator, Alaska Region, NMFS (Regional
Administrator), has determined that, based on the best scientific
information available for this fishery, the 2026 Pacific cod TACs and
subsequent sector allocations and seasonal apportionments are
incorrectly specified, as they are not using the most recent data
available, which is the updated Pacific cod stock assessment and OFL
and ABC reviewed by the Plan Team in January 2026 and the SSC and
Council in February 2026. NMFS also has determined it is necessary to
adjust the Pacific cod TACs and sector allocations and seasonal
apportionments to prevent harvest of the Pacific cod TACs that are
incorrectly specified based on the 2024 stock assessment.
Consequently, the Regional Administrator is adjusting the 2026 GOA
Pacific cod TAC to 30,053 mt. This determination is based on the most
recent GOA Pacific cod stock assessment and SSC recommendations for OFL
and ABC, which is the best available scientific information on
biological stock status. The adjustment to TAC is reasonably related to
the change in biological stock status as reflected in the most recent
Pacific cod stock assessment and OFL and ABC. This determination is
also based on TAC recommendations by the Council at the February 2026
meeting, and in consideration of the increase in the State GHL for the
State waters fishery in the WGOA. The adjustments are necessary to
ensure that the Pacific cod TACs are seasonally apportioned among
sectors consistent with Steller sea lion protection measures set forth
in regulation (Sec. 679.20(a)(12)(i)(A) and (B)).
Pursuant to Sec. 679.25(a)(1)(iii), the Regional Administrator is
adjusting the 2026 GOA Pacific cod TAC to 30,053 mt. Therefore, table 2
and 6 of the final 2025 and 2026 harvest specifications for groundfish
in the GOA (90 FR 12468, March 18, 2025) and inseason adjustment (90 FR
60022, December 23, 2025) is revised consistent with this adjustment.
Pursuant to Sec. Sec. 679.25(a)(1)(iii), 679.20(a)(6)(ii), and
(a)(12)(i), table 6 of the final 2025 and 2026 harvest specifications
for groundfish in the GOA (90 FR 12468, March 18, 2025) and inseason
adjustment (90 FR 60022, December 23, 2025) is revised consistent with
this adjustment. Note that regulations at Sec. 679.20(a)(6)(ii) and
(a)(12)(i) require NMFS to allocate TACs to gear and operational types
using the sector percentages specified in regulation.
[[Page 5860]]
Table 6--Final 2026 Seasonal Apportionments and Allocation of Pacific Cod TAC Amounts in the GOA; Allocations in
the WGOA and CGOA Sectors, and the EGOA Inshore and Offshore Processing Components
[Values are rounded to the nearest mt]
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A Season B Season
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Annual Sector Sector
Sector allocation percentage of Seasonal percentage of Seasonal
(mt) annual non-jig allowances annual non-jig allowances
TAC (%) (mt) TAC (%) (mt)
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WGOA
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Jig (2.5% of TAC)............. 167 n/a 100 n/a 67
Hook-and-line CV.............. 91 0.7 46 0.7 46
Hook-and-line CP.............. 1,292 10.9 711 8.9 581
Trawl CV...................... 2,506 31.54 2,058 6.86 448
Trawl CP...................... 157 0.9 59 1.5 98
All Pot CV and Pot CP......... 2,480 19.8 1,292 18.2 1,188
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Total..................... 6,693 63.84 4,266 36.16 2,427
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CGOA
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Jig (4% of TAC)............... 862 n/a 517 n/a 345
Hook-and-line < 50 CV......... 3,021 9.31552 1,927 5.28678 1,094
Hook-and-line >= 50 CV........ 1,387 5.60935 1,160 1.09726 227
Hook-and-line CP.............. 1,056 4.10684 850 0.99751 206
Trawl CV \1\.................. 7,782 25.29364 5,233 16.29047 2,549
Trawl RP \1\.................. 821 n/a n/a n/a 821
Trawl CP...................... 868 2.00334 414 2.19451 454
All Pot CV and Pot CP......... 5,752 17.82972 3,688 9.97506 2,064
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Total..................... 21,549 64.1584 13,790 35.84 7,759
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EGOA
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Inshore (90% of Annual TAC)
Offshore (10% of Annual TAC)
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Total..................... 1,811 1,630
181
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\1\ Trawl catcher vessels (CVs) participating in Rockfish Program cooperatives receive 3.81 percent, or 821 mt,
of the annual CGOA TAC (see table 28c to 50 CFR part 679), which is deducted from the Trawl CV B season
allowance. This inseason adjustment also updates the apportionment found in table 13 of the final 2025 and
2026 harvest specifications for groundfish in the GOA (i.e., Final 2026 Apportionments of Rockfish Secondary
Species in the CGOA to CV and Catcher/Processor (CP) Cooperatives) (90 FR 12468, March 18, 2025) to reflect
that trawl CVs participating in Rockfish Program cooperatives receive 3.81 percent of the annual CGOA TAC
based on regulations at table 28c to 50 CFR part 679 (applying this percent to the revised CGOA TAC results in
821 mt).
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 not allow all
available A season Pacific cod TAC to be harvested based on the most
recent information available. 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 February 5, 2026,
which is the date the Council took action to recommend 2026 Pacific cod
specifications following the SSC's review February 2 and the Plan
Team's review January 21. This action must be effective as soon as
possible, to ensure harvests of Pacific cod that are within TACs set
using the best available scientific information and that are consistent
with seasonal apportionments for Pacific cod that are based on
regulations implementing Steller sea lion protection measures.
Without this inseason adjustment, NMFS could not allow the fishery
for Pacific cod in the GOA 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 section until
February 25, 2026.
There is also good cause under 5 U.S.C. 553(d)(3) to make this
action effective immediately upon filing with the Office of the Federal
Register. 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: February 6, 2026.
David R. Blankinship,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2026-02656 Filed 2-9-26; 8:45 am]
BILLING CODE 3510-22-P
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