Rule2026-02872
Fisheries of the Exclusive Economic Zone off Alaska; Amendment 125 to the Bering Sea and Aleutian Islands Fishery Management Plan; Pacific Cod Small Boat Access
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 12, 2026
Effective
May 1, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS issues this final rule to implement amendment 125 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP). Amendment 125 and this final rule add a small vessel provision to the BSAI Pacific cod jig sector in the A season, January 1 to April 30. Under this small vessel provision, catch from catcher vessels (CV) using hook-and-line or pot gear that are less than or equal to 55 feet (ft) (16.8 meters (m)) length overall (LOA) harvesting Pacific cod in the BSAI during the jig gear A season accrues to the jig sector allocation. This action provides stability and additional opportunities for some fishery participants and potential new entrants. It also advances the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), the BSAI FMP, and other applicable laws.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 29 (Thursday, February 12, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 29 (Thursday, February 12, 2026)]
[Rules and Regulations]
[Pages 6525-6530]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02872]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 260209-0040]
RIN 0648-BM64
Fisheries of the Exclusive Economic Zone off Alaska; Amendment
125 to the Bering Sea and Aleutian Islands Fishery Management Plan;
Pacific Cod Small Boat Access
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS issues this final rule to implement amendment 125 to the
Fishery Management Plan for Groundfish of the Bering Sea and Aleutian
Islands Management Area (BSAI FMP). Amendment 125 and this final rule
add a small vessel provision to the BSAI Pacific cod jig sector in the
A season, January 1 to April 30. Under this small vessel provision,
catch from catcher vessels (CV) using hook-and-line or pot gear that
are less than or equal to 55 feet (ft) (16.8 meters (m)) length overall
(LOA) harvesting Pacific cod in the BSAI during the jig gear A season
accrues to the jig sector allocation. This action provides stability
and additional opportunities for some fishery participants and
potential new entrants. It also advances the goals and objectives of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), the BSAI FMP, and other applicable laws.
DATES: This rule is effective May 1, 2026.
ADDRESSES: Electronic copies of the Regulatory Impact Review for
amendment 125 to the BSAI FMP
[[Page 6526]]
(referred to as the Analysis), and the categorical exclusion prepared
for this action are available from <a href="http://www.regulations.gov">http://www.regulations.gov</a> or from
the NMFS Alaska Region website at <a href="https://www.fisheries.noaa.gov/region/alaska">https://www.fisheries.noaa.gov/region/alaska</a>.
FOR FURTHER INFORMATION CONTACT: Lis Henderson, 907-586-7228,
<a href="/cdn-cgi/l/email-protection#bad6d3c994d2dfd4dedfc8c9d5d4fad4d5dbdb94ddd5cc"><span class="__cf_email__" data-cfemail="dbb7b2a8f5b3beb5bfbea9a8b4b59bb5b4babaf5bcb4ad">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This final rule implements amendment 125 to
the BSAI FMP. NMFS published a notice of availability (NOA) for
amendment 125 in the Federal Register on June 4, 2025, with comments
invited through August 4, 2025 (90 FR 23664). NMFS also published the
proposed rule for amendment 125 in the Federal Register on August 6,
2025 (90 FR 37831), with comments invited through September 5, 2025.
Comments on the NOA and the proposed rule for amendment 125 were
considered in evaluation of this final rule. NMFS approved amendment
125 on September 3, 2025 after considering public comments and
determining that amendment 125 is consistent with the BSAI FMP, the
Magnuson-Stevens Act, and other applicable laws. NMFS received four
comment letters during the public comment period on the NOA and three
comment letters during the public comment period on the proposed rule.
NMFS summarized and responded to these comments under the Comments and
Responses heading, below.
NMFS manages the groundfish fisheries in the exclusive economic
zone of the Bering Sea and Aleutian Islands management area off Alaska
under the BSAI FMP. The North Pacific Fishery Management Council
(Council) prepared, and NMFS approved, the BSAI FMP under the authority
of the Magnuson-Stevens Act (16 U.S.C. 1801 et seq.). Regulations
implementing the BSAI FMP appear at 50 CFR part 679. General
regulations governing U.S. fisheries also appear at 50 CFR part 600. In
order to promote the long-term health and stability of the BSAI Pacific
cod fishery, the Council recommended and NMFS approved amendment 125
under the authority of the Magnuson-Stevens Act sections 302(h)(1),
303(a)(1), and 304(a)(3). The Council recommended and NMFS approved
this final rule to implement amendment 125 under the rulemaking
authority of the Magnuson-Stevens Act sections 303(c) and 304(b)(3).
Background
This section provides a brief description of (1) Pacific cod
allocations, (2) inseason adjustments, and (3) affected fishery
sectors. A more detailed description of the need for this rule and this
background information is included in the preamble to the proposed rule
(90 FR 37831, August 6, 2025) and Section 1.1 of the Analysis (See
ADDRESSES).
Pacific Cod Allocations
The BSAI FMP and implementing regulations require that, after
consultation with the Council, NMFS specify a total allowable catch
(TAC) amount for Pacific cod on an annual basis. During the annual
harvest specifications process, and after subtraction of the Community
Development Quota (CDQ) Program allocation, NMFS allocates an amount of
the combined BSAI non-CDQ TAC to each of nine non-CDQ fishery sectors.
The non-CDQ fishery sectors are defined by a combination of gear type
(e.g., trawl gear or hook-and-line gear), operation type (i.e., CV or
catcher/processor (C/P)), and vessel size, or LOA, categories (e.g.,
vessels greater than or equal to 60 ft (18.3 m) LOA). Regulations at
Sec. 679.20(a)(7)(ii)(A) allocate 1.4 percent of the BSAI non-CDQ
Pacific cod TAC to the jig sector and 2 percent to the less than 60 ft
(18.3 m) LOA hook-and-line and pot CV sector.
Under regulations at Sec. 679.20(a)(7), allocations of Pacific cod
to most of the CDQ Program and non-CDQ fishery sectors are further
apportioned by seasons, which are uniquely defined for each sector at
Sec. 679.23(e)(5). Regulations apportion jig gear allocations among
three seasons that correspond to January 1 through April 30 (A season),
April 30 through August 31 (B season), and August 31 through December
31 (C season). The less than 60 ft (18.3 m) LOA hook-and-line and pot
CV sector is not divided into seasons, and the annual allocation may be
harvested January 1 through December 31. Depending on the specific
sector allocation (CDQ Program or non-CDQ fishery), between 40 and 75
percent of the Pacific cod allocation is apportioned to the A season.
While Pacific cod remains one of the most abundant species in the
BSAI management area, population declines since 2016 have resulted in
lower annual TACs than historical averages (see table 3-1 in Section
3.2 of the Analysis). The smaller annual TACs have resulted in earlier
season closures. Smaller vessels (less than or equal to 55 ft (16.8 m)
LOA) are disproportionately affected by early closures because vessel
operators have less flexibility to fish when the weather is poor and
typically fish waters closer to port, which may be less productive.
Inseason Adjustments
Regulations at Sec. 679.20(a)(7)(iv)(B) allow any unused portion
of a seasonal allowance from any sector, except the jig sector, to be
rolled over to that sector's next season during the current fishing
year unless the Regional Administrator determines that sector would be
unable to harvest its allocation. For the jig sector, regulations
require that any projected unused portion of a seasonal allowance of
Pacific cod for the jig sector be reallocated to the less than 60 ft
(18.3 m) LOA hook-and-line and pot CV sector. In the past, Pacific cod
in the sectors with seasonal allowances other than the jig sector is
often fully utilized later in the year and, therefore, the unused
portion of Pacific cod has consistently rolled over to that sector's
next season.
Historically, there has been little to no participation by vessels
using jig gear in the A season, which has allowed NMFS to reallocate
projected unused A season TAC from the jig sector to the less than 60
ft (18.3 m) LOA hook-and-line and pot CV sector early in the year
(frequently in January). In recent years, the majority of the jig
sector's A season allowance has been reallocated to the less than 60 ft
(18.3 m) LOA hook-and-line and pot CV sector at the beginning of the
year.
Affected Fishery Sectors
This action affects the jig gear sector and the hook-and-line and
pot CVs less than 60 ft (18.3 m) LOA sector. The jig sector is
allocated 1.4 percent of the annual BSAI Pacific cod non-CDQ TAC, with
60 percent of this allocation apportioned to the A season (Sec.
679.20(a)(7)(iv)(A)(3)). The jig gear sector includes all vessels
operating as a CV and using jig gear, as well as C/P vessels using jig
gear to harvest Pacific cod.
The less than 60 ft (18.3 m) LOA hook-and-line and pot CV sector is
allocated 2 percent of the annual BSAI Pacific cod non-CDQ TAC for the
year, with no seasonal apportionments (Sec. 679.20(a)(7)(iv)(A)(4)).
The jig sector A season apportionment has typically been reallocated
and made available to the less than 60 ft (18.3 m) LOA hook-and-line
and pot CV sector at the beginning of the year. Due to the relatively
large fishing capacity of the participants in the less than 60 ft (18.3
m) LOA hook-and-line and pot CV sector, their total allocation is
typically harvested by late January or early February. Since 2020,
reallocations to the less than 60 ft (18.3 m) LOA hook-and-line or pot
CV sector have typically occurred first at the beginning of the
[[Page 6527]]
year and then again in early to mid-September. Regulations at Sec.
679.20(a)(7)(iv)(B) and (C) require a reallocation of BSAI Pacific cod
from the jig sector's C season to the less than 60 ft (18.3 m) LOA
hook-and-line and pot CV sector on or near September 1.
Amendment 125
Amendment 125 modifies the jig sector, during the A season, to
include catch from CVs using hook-and-line or pot gear that are less
than or equal to 55 ft (16.8 m) LOA. Pacific cod catch from these
vessels during the jig sector A season would accrue to the jig sector
allocation. Amendment 125 does not change the allocation percentages or
reallocation hierarchy established under amendment 85 to the BSAI FMP
(72 FR 50788, September 4, 2007). Amendment 125 does not change how
Pacific cod catch accrues to the various sector allocations after the
end of the jig sector A season. Amendment 125 also does not change that
catch from CVs less than 60 ft (18.3 m) LOA and greater than 55 ft
(16.8 m) LOA accrues to the less than 60 ft (18.3 m) LOA hook-and-line
and pot gear CV sector allocation at all times during the fishing year.
Under amendment 125, after the jig sector A season ends (April 30),
catch from all CVs less than 60 ft (18.3 m) LOA and using hook-and-line
or pot gear (including those that are less than or equal to 55 ft (16.8
m) LOA) accrues to the less than 60 ft (18.3 m) LOA hook-and-line and
pot gear CV sector allocation for the remainder of the year.
Final Rule
This final rule adds a small vessel provision at Sec.
679.20(a)(7)(iv)(D) to specify how catch from hook-and-line or pot CVs
that are less than or equal to 55 ft (16.8 m) LOA will accrue during
the jig sector A season and the rest of the year. During the jig sector
A season, catch from hook-and-line or pot gear CVs that are less than
or equal to 55 ft (16.8 m) LOA will accrue to the jig sector
allocation. After the jig sector A season ends on April 30 at 1200
hours Alaska local time (A.l.t.), jig sector seasonal allowances will
be designated for jig vessels only. Beginning April 30 at 1200 hours
A.l.t., catch from smaller CVs (less than or equal to 55 ft (16.8 m)
LOA) using hook-and-line or pot gear will accrue against the hook-and-
line and pot CV less than 60 ft (18.3 m) LOA sector's allocation.
This final rule also changes the sector allocations table at Sec.
679.20(a)(7)(ii)(A) to modify the descriptions of the jig sector and
the hook-and-line and pot CV less than 60 ft (18.3 m) LOA sector to
accommodate the distinction between smaller (less than or equal to 55
ft (16.8 m) LOA) hook-and-line or pot CVs and larger (greater than 55
ft (16.8 m) LOA) hook-and-line or pot CVs during the jig sector A
season (January 1 to April 30) as specified at Sec.
679.23(e)(5)(iv)(A).
This final rule revises the descriptions of seasonal allowances by
sector under Sec. 679.20(a)(7)(iv) to reflect these distinctions by
vessel size, type, and season. Note that season dates vary by sector
and are listed under Sec. 679.23(e)(5). This small vessel provision
only applies during the jig gear A season and does not modify
regulations that govern when directed fishing by CVs using hook-and-
line or pot gear is authorized. Additional revisions are made in
regulations to include cross references to the small vessel provision
at Sec. 679.20(a)(7)(iv)(D) as needed.
With this final action, NMFS modifies regulations at Sec.
679.20(a)(7)(ii)(B) to specify which sectors have an incidental catch
allowance deducted from their aggregate TAC to include the jig sector.
The inclusion of smaller CVs (less than or equal to 55 ft (16.8 m) LOA)
using hook-and-line or pot gear in the jig sector means that a portion
of the jig sector allocation should be set aside for an incidental
catch allowance to account for Pacific cod retained by CVs less than or
equal to 55 ft (16.8 m) LOA using hook-and-line or pot gear in other
fisheries during the jig gear A season.
This final rule also modifies regulations at Sec.
679.20(a)(7)(iii) to incorporate the small vessel provision into the
existing non-CDQ sector reallocation hierarchy and make technical
changes to the organization. Paragraph Sec. 679.20(a)(7)(iii)(A) is
divided into six subparagraphs, and references to the new small vessel
provision are added to paragraph (a)(7)(iii)(A)(1). Additional
revisions to regulations at Sec. 679.20(a)(7)(iii)(B) add introductory
text to clarify that reallocations to trawl gear sectors are considered
after applying paragraphs (a)(7)(iii)(A)(1) through (6) that specify
the hierarchy of reallocations to the non-trawl CV sectors.
This action retains the reallocation hierarchy as specified at
Sec. 679.20(a)(7)(iii) and (iv)(C), which requires the Regional
Administrator to reallocate a projected unused portion of a Pacific cod
allowance from the jig sector to the less than 60 ft (18.3 m) LOA hook-
and-line and pot CV sector at the beginning of the C season. This
hierarchy also allows NMFS to reallocate the unused jig sector
allocation earlier in the year if NMFS is confident that they could
project the amount of TAC that the newly modified jig sector would need
to finish the A season.
Changes From Proposed to Final Rule
NMFS determined that no changes to the regulatory text are
necessary in this final rule. No public comments received on the NOA or
the proposed rule indicated need for changes to the proposed action.
Comments and Responses
NMFS received seven comment letters on amendment 125 and the
proposed rule. NMFS has summarized and responded to four unique
comments below. The comments were from individuals and representatives
for Tribal and Alaska Native fishermen; the City of Unalaska, Alaska;
the Alaska Department of Fish and Game; and one anonymous individual.
All comments were supportive except for one that did not address this
action.
Comment 1: Amendment 125 and the proposed rule would provide
economic opportunities to fishermen and communities in Unalaska,
Alaska, and support equitable access for small vessel operators who are
more likely to be local and traditional users.
Response: NMFS acknowledges this comment.
Comment 2: In recent years, the Pacific cod less than 60 ft (18.3
m) LOA hook-and-line or pot gear sector has experienced shortened
fishing seasons while the jig sector has had little to no effort during
the A season. These shortened seasons have a disproportionate impact on
smaller vessels, which have less flexibility to fish in inclement
weather and typically must stay closer to port. This action provides
latitude for fishermen with smaller vessels to avoid inclement weather
and fish closer to shore during the Pacific cod jig gear A season
(January 1 to April 30).
Response: NMFS acknowledges this comment.
Comment 3: The Alaska Department of Fish and Game staff have
evaluated the impacts of the proposed rule on coordinated State and
Federal Pacific cod management. Staff do not anticipate any conflicts
or changes to the existing Dutch Harbor Subdistrict state-waters
fishery management plan to accommodate this action and the existing
management plan adequately ensures that a vessel cannot participate in
two fisheries, State and Federal, at the same time.
Response: NMFS acknowledges this comment.
Comment 4: The only fishing that should be allowed is subsistence
[[Page 6528]]
fishing. Commercial fishing should be prohibited.
Response: This final rule implements a limited change to the
management of the commercial Pacific cod fishery in the BSAI by adding
a small vessel provision in the regulations implementing the BSAI FMP.
Changes to prohibit commercial fishing for groundfish are outside the
scope of this action. Changes to non-commercial fishing activities,
including subsistence fishing, are outside of the scope of this action.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
consistent with amendment 125 to the BSAI FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
This final rule is not an E.O. 14192 regulatory action because this
action is not significant under E.O. 12866.
NMFS has determined that this action would not have a substantial
direct effect on one or more Indian Tribes, on the relationship between
the Federal Government and Indian Tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
Tribes; therefore, consultation with Tribal officials under E.O. 13175
is not required, and the requirements of sections (5)(b) and (5)(c) of
E.O. 13175 also do not apply. A Tribal summary impact statement under
section (5)(b)(2)(B) and section (5)(c)(2) of E.O. 13175 is not
required and has not been prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Regulatory Impact Review
A Regulatory Impact Review (RIR) was prepared to assess all costs
and benefits of available regulatory alternatives. A copy of this
analysis is available from NMFS (see ADDRESSES). NMFS approved
amendment 125 and these regulations based on those measures that
maximized net benefits to the Nation. Specific aspects of the economic
analysis are discussed below in the Final Regulatory Flexibility
Analysis (FRFA) section.
Final Regulatory Flexibility Analysis
A FRFA was prepared. This FRFA incorporates the Initial Regulatory
Flexibility Analysis (IRFA) and a summary of the analyses completed to
support this final rule. No public comments responded to the IRFA.
Section 604 of the Regulatory Flexibility Act (RFA) requires that,
when an agency promulgates a final rule under section 553 of Title 5 of
the U.S. Code (5 U.S.C. 553), after being required by that section or
any other law to publish a general notice of final rulemaking, the
agency shall prepare a FRFA (5 U.S.C. 604). Section 604 describes the
required contents of a FRFA: (1) A statement of need for and objectives
of the rule; (2) a statement of the significant issues raised by the
public comments in response to the IRFA, a statement of the agency's
assessment of such issues, and a statement of any changes made to the
proposed rule as a result of such comments; (3) the response of the
agency to any comments filed by the Chief Counsel for Advocacy of the
Small Business Administration (SBA) in response to the proposed rule as
a result of the comments; (4) a description and estimate of the number
of small entities to which the rule will apply, or an explanation of
why no such estimate is available; (5) a description of the projected
reporting, recordkeeping, and other compliance requirements of the
rule, including an estimate of the classes of small entities that will
be subject to the requirement and the type of professional skills
necessary for preparation of the report or record; and (6) a
description of the steps the agency has taken to minimize the
significant economic impact on small entities consistent with the
stated objectives of applicable statutes including a statement of the
factual, policy, and legal reasons for selecting the alternative
adopted and why each one of the other significant alternatives to the
rule considered by the agency which affect the impact on small entities
was rejected.
A description of this final rule and the need for and objectives of
this rule are contained in the preamble to the proposed rule (90 FR
37831) and this final rule and are not repeated here.
Public and Chief Counsel for Advocacy Comments on the IRFA
An IRFA was prepared in the Classification section of the preamble
to the proposed rule. The Chief Counsel for Advocacy of the SBA did not
file any comments on the proposed rule. NMFS received no comments
specifically on the IRFA. No comments provided information that refuted
the conclusions presented in the IRFA.
Number and Description of Small Entities Regulated by this Final Action
Entities directly regulated by this final rule include vessels
operating in the Federal BSAI Pacific cod less than 60 ft (18.3 m) LOA
hook-and-line and pot CV and jig sectors. The jig sector includes CVs
and C/P vessels. This section identifies all entities that could be
considered directly regulated entities under the range of alternatives
considered and likely represents an overestimate of the number of small
entities that would be directly regulated.
During the most recent 5 years for which annual economic data are
available (2019 through 2023), there were 53 active vessels that
participated in the Federal BSAI Pacific cod less than 60 ft (18.3 m)
LOA hook-and-line and pot CV and jig sectors. All 53 active vessels are
directly regulated entities. All but 1 of the 53 directly regulated
entities are considered small entities under the RFA. As many as three
vessels from the less than 60 ft (18.3 m) LOA hook-and-line and pot CV
sector also participated in the BSAI Pacific cod jig sector in either
2019 or 2020; however, no vessel participated in the jig sector in 2021
through 2023. All of these jig vessels are considered directly
regulated small entities. Sixteen hook-and-line or pot CVs that are
less than or equal to 55 ft (16.8 m) LOA participated in the BSAI
Pacific cod fishery (2019 through 2023), and all 16 were active in
2023. All 16 of these hook-and-line or pot CVs are considered directly
regulated small entities. Thirty-seven hook-and-line or pot CVs greater
than 55 ft (16.8 m) LOA participated in the less than 60 ft (18.3 m)
hook-and-line and pot CV sector (2019 through 2023), of which 34
vessels were active in 2023. Thirty-six of those 37 vessels are
considered directly regulated small entities. These counts identify all
unique directly regulated small entities that may participate in the
fishery, recognizing that not all of these vessels participate in every
year.
Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities
NMFS considered, but did not adopt, one alternative (Alternative
1). NMFS also considered two options and one sub-option under the
second, adopted alternative (Alternative 2), before selecting one
option (Option 1) and the sub-option. Alternative 1 and the unselected
option (Option 2), and their impacts to small entities, are described
below.
Alternative 1, the no-action alternative, would retain the status
quo
[[Page 6529]]
by keeping the BSAI Pacific cod non-CDQ sectors specified at Sec.
679.20(a)(7)(ii)(A), resulting in no change to impacts on small
entities. Under the status quo, the BSAI Pacific cod jig sector has
historically underutilized its 1.4 percent allocation of BSAI Pacific
cod, the majority of which has been reallocated to the less than 60 ft
(18.3 m) hook-and-line and pot CV sector. Despite this reallocation,
increased participation in the less than 60 ft (18.3 m) LOA hook-and-
line and pot CV sector and smaller BSAI Pacific cod allocation amounts
and reallocations from other sectors have resulted in shortened fishing
seasons for the less than 60 ft (18.3 m) LOA hook-and-line and pot CV
sector. Alternative 1 would not address existing impacts to smaller
vessels, which have lower capacity to harvest fish and, as such, are
particularly affected by shortened fishing seasons and their reduced
flexibility to operate in poor weather and sea conditions.
Alternative 2, the selected alternative, modifies the BSAI Pacific
cod jig sector to include smaller hook-and-line or pot CVs. Alternative
2 contains two options, one of which was not selected (Option 2).
Option 2 would set the LOA for smaller CVs at less than or equal to 56
ft (17.1 m) LOA. This option would include a greater number of vessels
in the small vessel provision added to the jig gear sector. Information
presented to the Council showed that some hook-and-line or pot CVs with
a reported LOA of exactly 56 ft (17.1 m) have additional capacities to
harvest BSAI Pacific cod more competitively than smaller vessels.
Therefore, the Council did not recommend, and NMFS did not choose, to
implement Option 2 because allowing 56 ft (17.1 m) LOA vessels with
additional capacity to harvest Pacific cod from the jig sector's
allocation in the A season may not eliminate the unintended intra-
sector competition that current fishery participants in the less than
60 ft (18.3 m) hook-and-line and pot CV sector face.
This action (Alternative 2, Option 1, with the sub-option) would
result in a modified jig sector to include vessels less than or equal
to 55 ft (16.8 m) LOA using hook-and-line or pot gear during the jig
sector A season. Option 1 ensures that the cut off for hook-and-line or
pot CVs to harvest Pacific cod from the jig sector's allocation is set
at a length that excludes larger vessels with additional efficiencies.
The selected sub-option allows for the addition of smaller vessels
to the jig sector only during the jig sector A season. The sub-option
specifies that the jig sector B and C seasons remain a jig-gear-only
fishery. During the A season, catch from hook-and-line or pot CVs less
than or equal to 55 ft (16.8 m) LOA would accrue to the jig sector
allocation, and catch from hook-and-line or pot CVs with an LOA greater
than 55 ft (16.8 m) LOA and less than 60 ft (18.3 m) LOA would accrue
toward the less than 60 ft (18.3 m) LOA hook-and-line and pot CV
sector's 2 percent allocation. After the jig sector's A season ends,
all catch by hook-and-line or pot CVs less than 60 ft (18.3 m) LOA
(including vessels less than or equal to 55 ft (16.8m) LOA) would
accrue to the same sector as under the status quo.
The sub-option would likely result in additional opportunities for
smaller hook-and-line or pot CVs to harvest Pacific cod during the jig
sector A season. Keeping the B season as a jig-gear-only fishery (i.e.,
status quo) minimizes potential impacts to jig vessels, which make the
majority of their BSAI Pacific cod deliveries between April and
September (i.e., the B season) when the weather is safest for smaller
vessels that use jig gear to operate. Additionally, hook-and-line or
pot CVs typically prosecute other fisheries during the jig sector's B
season. Due to this lack of demand and the amount of catch allocation
necessary to make reopening the sector practical, NMFS has not been
able to make a reallocation to reopen the less than 60 ft (18.3 m) LOA
hook-and-line and pot CV sector in the spring and summer months since
2011. Finally, keeping the C season as a jig-gear-only fishery (i.e.,
status quo) responds to concerns the Council heard in public comment
from fishery participants with larger hook-and-line or pot CVs who have
come to depend on a fall fishing opportunity. This important fall
fishing opportunity depends on the historically common reallocation of
jig sector TAC to the less than 60 ft (18.3 m) LOA hook-and-line and
pot CV sector on or near September 1.
Based upon the best scientific data available, and in consideration
of the objectives of this action, there are no significant alternatives
to this action that have the potential to accomplish the stated
objectives of the Magnuson-Stevens Act and other applicable statutes
and that have the potential to minimize any significant adverse
economic impact of the proposed rule on small entities.
This action modifies fishing sectors to improve fishery efficiency,
allows for new small entity entrants to the fishery, and improves small
vessel safety at sea. NMFS determined that the recommended action would
best accomplish the stated objectives articulated in the preamble for
the proposed rule and this final rule, and in applicable statutes, and
would minimize to the extent practicable adverse economic impacts on
the universe of directly regulated small entities.
Duplicate, Overlapping, or Conflicting Federal Rules
No duplication, overlap, or conflict between this final action and
existing Federal rules has been identified.
Recordkeeping, Reporting, and Other Compliance Requirements
This action does not modify recordkeeping or reporting
requirements, or duplicate, overlap, or conflict with any Federal
rules.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, NMFS prepared a ``frequently asked questions
and responses'' that also serves as the small entity compliance guide.
Copies of this final rule are available from the NMFS Alaska Regional
Office and the small entity compliance guide (``frequently asked
questions and responses'') will be posted online at <a href="https://www.fisheries.noaa.gov/action/amendment-125-bering-sea-and-aleutian-islands-fishery-management-plan-pacific-cod-small-boat">https://www.fisheries.noaa.gov/action/amendment-125-bering-sea-and-aleutian-islands-fishery-management-plan-pacific-cod-small-boat</a>. This final rule
and the guide will be available upon request.
List of Subjects in 50 CFR Part 679
Alaska, Fisheries, Reporting and recordkeeping requirements.
Date: February 9, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
679 as follows:
PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA
0
1. The authority citation for part 679 continues to read as follows:
[[Page 6530]]
Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.;
Pub. L. 108-447; Pub. L. 111-281.
0
2. Amend Sec. 679.20 by revising paragraphs (a)(7)(ii)(A)(1) and (2)
and (B); (a)(7)(iii)(A) and (B) introductory text; (a)(7)(iv)(A)(3) and
(C); and adding paragraph (a)(7)(iv)(D) to read as follows:
Sec. 679.20 General Limitations.
(a) * * *
(7) * * *
(ii) * * *
(A) * * *
------------------------------------------------------------------------
Sector % Allocation
------------------------------------------------------------------------
(1) Jig (During the jig gear A season, see small vessel 1.4
provision in paragraph (a)(7)(iv)(D) of this section)..
(2) Hook-and-line and pot CV <60 ft (18.3 m) LOA (During 2
the jig gear A season, see small vessel provision in
paragraph (a)(7)(iv)(D) of this section)...............
* * * * * * *
------------------------------------------------------------------------
(B) Incidental catch allowance. During the annual harvest
specifications process set forth at paragraph (c) of this section, the
Regional Administrator will specify an amount of Pacific cod that NMFS
estimates will be taken as incidental catch in directed fisheries for
groundfish other than Pacific cod by the hook-and-line and pot gear
sectors. This amount will be the incidental catch allowance and will be
deducted from the aggregate portion of Pacific cod TAC annually
allocated to the hook-and-line and pot gear sectors (including the jig
sector due to the small vessel provision in paragraph (a)(7)(iv)(D) of
this section) before the allocations under paragraph (a)(7)(ii)(A) of
this section are made to these sectors.
(iii) * * *
(A) Catcher vessel sectors. The Regional Administrator will
reallocate projected unharvested amounts of Pacific cod TAC from a
catcher vessel sector as follows:
(1) First, to the jig sector, as described under paragraph
(7)(ii)(A)(1) of this section, or to the less than 60 ft (18.3 m) LOA
hook-and-line and pot catcher vessel sector, as described under
paragraph (7)(ii)(A)(2) of this section, or to both of these sectors;
(2) Second, to the greater than or equal to 60 ft (18.3 m) LOA
hook-and-line or to the greater than or equal to 60 ft (18.3 m) LOA pot
catcher vessel sectors; and
(3) Third, to the trawl catcher vessel sector.
(4) If the Regional Administrator determines that a projected
unharvested amount from the jig sector allocation, the less than 60 ft
(18.3 m) LOA hook-and-line and pot catcher vessel sector allocation, or
the greater than or equal to 60 ft (18.3 m) LOA hook-and-line catcher
vessel sector allocation is unlikely to be harvested through this
hierarchy, the Regional Administrator will reallocate that amount to
the hook-and-line catcher/processor sector.
(5) If the Regional Administrator determines that a projected
unharvested amount from a greater than or equal to 60 ft (18.3 m) LOA
pot catcher vessel sector allocation is unlikely to be harvested
through this hierarchy, the Regional Administrator will reallocate that
amount to the pot catcher/processor sector in accordance with the
hierarchy set forth in paragraph (a)(7)(iii)(C) of this section.
(6) If the Regional Administrator determines that a projected
unharvested amount from a trawl catcher vessel sector allocation is
unlikely to be harvested through this hierarchy, the Regional
Administrator will reallocate that amount to the other trawl sectors in
accordance with the hierarchy set forth in paragraph (a)(7)(iii)(B) of
this section.
(B) Trawl gear sectors. After applying paragraphs (a)(7)(iii)(A)(1)
through (6) of this section, if applicable, the Regional Administrator
will reallocate any projected unharvested amounts of Pacific cod TAC
from the trawl catcher vessel or AFA catcher/processor sectors to other
trawl sectors before unharvested amounts are reallocated and
apportioned to specified gear sectors as follows:
* * * * *
(iv) * * *
(A) * * *
------------------------------------------------------------------------
Seasonal allowances
--------------------------------------
Sector A Season B Season C Season
(%) (%) (%)
------------------------------------------------------------------------
* * * * * * *
(3) Jig (During the jig gear A 60 20 20
season, see small vessel
provision in paragraph
(a)(7)(iv)(D) of this section)..
* * * * * * *
------------------------------------------------------------------------
* * * * *
(C) Jig sector. See Sec. 679.20(a)(7)(iv)(D) for small vessel
provisions during the A season. The Regional Administrator will
reallocate any projected unused portion of a seasonal allowance of
Pacific cod for the jig sector under this section to the less than 60
ft (18.3 m) LOA hook-and-line and pot catcher vessel sector. The
Regional Administrator will reallocate the projected unused portion of
the jig sector's C season allowance on or about September 1 of each
year.
(D) Small vessel provision. (1) During the jig gear A season (see
Sec. 679.23(e)(5)(iv)), harvest by vessels using jig gear and harvest
by CVs less than or equal to 55 ft (16.8 m) LOA using hook-and-line or
pot gear accrues against the jig sector seasonal allowance.
(2) During the jig gear B and C seasons (see Sec.
679.23(e)(5)(iv)), harvest by vessels using jig gear accrues against
the seasonal allowances for the jig sector, and harvest by CVs less
than or equal to 55 ft (16.8 m) LOA using hook-and-line or pot gear
accrues against the hook-and-line and pot CV less than 60 ft (18.3 m)
LOA sector's allocation.
* * * * *
[FR Doc. 2026-02872 Filed 2-11-26; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on February 12, 2026.
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.