Rule2026-04684
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; 2026 and 2027 Harvest Specifications for Groundfish
Primary source
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Published
March 10, 2026
Effective
March 18, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS announces the final 2026 and 2027 harvest specifications, apportionments, and prohibited species catch (PSC) allowances for the groundfish fishery of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to establish harvest limits for groundfish during the remainder of the 2026 and the start of the 2027 fishing years and to accomplish the goals and objectives of the Fishery Management Plan for Groundfish of the BSAI (FMP). 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 91 Issue 46 (Tuesday, March 10, 2026)</title>
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[Federal Register Volume 91, Number 46 (Tuesday, March 10, 2026)]
[Rules and Regulations]
[Pages 11750-11799]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04684]
[[Page 11749]]
Vol. 91
Tuesday,
No. 46
March 10, 2026
Part III
Department of Commerce
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National Oceanic and Atmospheric Administration
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50 CFR Part 679
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and
Aleutian Islands; 2026 and 2027 Harvest Specifications for Groundfish;
Final Rule
Federal Register / Vol. 91 , No. 46 / Tuesday, March 10, 2026 / Rules
and Regulations
[[Page 11750]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 260305-0066; 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: Final rule; harvest specifications and closures.
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SUMMARY: NMFS announces the final 2026 and 2027 harvest specifications,
apportionments, and prohibited species catch (PSC) allowances for the
groundfish fishery of the Bering Sea and Aleutian Islands management
area (BSAI). This action is necessary to establish harvest limits for
groundfish during the remainder of the 2026 and the start of the 2027
fishing years and to accomplish the goals and objectives of the Fishery
Management Plan for Groundfish of the BSAI (FMP). 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: Harvest specifications and closures are effective from 1200
hours, Alaska local time (A.l.t.), March 18, 2026, through 1200 hours,
A.l.t., March 18, 2027.
ADDRESSES: 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 at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. The 2024 Stock Assessment
and Fishery Evaluation (SAFE) report for the groundfish resources of
the BSAI, dated November 2024, as well as the SAFE reports for previous
years, are available from the North Pacific Fishery Management Council
(Council) at 1007 West Third Ave., Suite 400, Anchorage, AK 99501,
phone 907-271-2809, or from the Council's website at: <a href="https://www.npfmc.org/">https://www.npfmc.org/</a>, and the Alaska Fisheries Science Center website 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 (Sec. 679.20(a) and (c)). The sum of all
TACs for target 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 (a)(2)). This final rule specifies the
sum of the TACs at 2.0 million mt for 2026 and 2.0 million mt for 2027.
NMFS also must specify: (1) apportionments of TACs; (2) PSC limits and
prohibited species quota (PSQ) reserves established by Sec. 679.21;
(3) seasonal allowances of pollock, Pacific cod, and Atka mackerel TAC;
(4) American Fisheries Act (AFA) allocations; (5) Amendment 80
allocations; (6) Community Development Quota (CDQ) reserve amounts
established by Sec. 679.20(b)(1)(ii); (7) ABC surpluses and ABC
reserves for CDQ groups and any Amendment 80 cooperatives for flathead
sole, rock sole, and yellowfin sole; and (8) halibut discard mortality
rates (DMR). The final harvest specifications set forth in tables 1
through 25 of this action satisfy these requirements.
Section 679.20(c)(3)(i) requires that NMFS consider public comment
on the proposed harvest specifications and, after consultation with the
Council, publish final harvest specifications in the Federal Register.
The proposed 2026 and 2027 harvest specifications for the groundfish
fishery of the BSAI were published in the Federal Register on December
16, 2025 (90 FR 58204). Comments were invited and accepted through
January 5, 2026. Five comment letters were received during the comment
period, and no changes were made in response to the comments. NMFS's
responses are included in the Response to Comments section below.
Under Sec. 679.20(c)(3), NMFS is publishing the final 2026 and
2027 harvest specifications after: (1) considering comments received
within the comment period; (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 2024 Ecosystem
Status Reports (ESR) for both the Bering Sea (BS) and Aleutian Islands
(AI) ecosystems (see ADDRESSES). The final 2026 and 2027 harvest
specifications are effective from 1200 hours, A.l.t., March 18, 2026,
through 1200 hours, A.l.t., March 18, 2027.
Harvest Specification Process
The specifications are based on the most recent biological,
ecosystem, socioeconomic, and harvest information about the condition
of the BSAI groundfish stocks and the review and recommendations of the
BSAI Groundfish Plan Team (Plan Team), Scientific and Statistical
Committee (SSC), Advisory Panel (AP), and the Council. These
specifications were developed in compliance with the harvest strategy
from the FMP and the Final EIS and ROD.
The most recent reviewed information available to inform these
specifications includes the 2024 SAFE report for the BSAI groundfish
stocks (see ADDRESSES). The stock assessments that comprise the SAFE
report contain a review of the latest scientific analyses available and
estimates of each stock or stock complex's biomass and other biological
parameters including possible future condition of the stocks, as well
as summaries of the available information on the BSAI ecosystem and the
economic condition of the BSAI groundfish fisheries off Alaska. The
SAFE report provides information to the Council and NMFS for
recommending and setting annual harvest levels for each stock or stock
complex and documenting significant trends or changes in the resource,
marine ecosystems, and fisheries over time. The individual stock
assessments that comprise the 2024 SAFE report are available at:
<a href="https://www.fisheries.noaa.gov/alaska/population-assessments/north-pacific-groundfish-stock-assessment-and-fishery-evaluation">https://www.fisheries.noaa.gov/alaska/population-assessments/north-pacific-groundfish-stock-assessment-and-fishery-evaluation</a>.
The ESRs are a component of 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, and are
updated annually. The ESRs include ecosystem report cards, ecosystem
assessments,
[[Page 11751]]
and ecosystem-based management indicators (e.g., climate indices, sea
surface temperature), which together provide context for ecosystem-
based fisheries management in Alaska. The ESRs inform stock assessments
and are integrated into the annual harvest recommendations through
inclusion in stock assessments, including stock-specific risk tables
that identify considerations informing any additional scientific
uncertainty relevant to the specification of ABC. The ESR information
provides 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 typically presented at the October and December Council
meetings before the SSC, AP, and the Council for making groundfish
harvest specification recommendations and aid NMFS in implementing
these annual groundfish harvest specifications.
In September 2025, the Plan Team met and recommended proposed
harvest specifications for 2026 and 2027 based on the 2024 SAFE report.
In October 2025, the SSC reviewed these recommendations and other
available relevant information and made recommendations on proposed
OFLs and ABCs to the Council. After reviewing the available
information, the Council recommended proposed 2026 and 2027 OFLs, ABCs,
and TACs in October 2025. NMFS subsequently reviewed those
recommendations, and NMFS published the proposed specifications for
public comment on December 16, 2025 (90 FR 58204). The proposed 2026
and 2027 harvest specifications were based on the 2024 SAFE report and
on the final 2026 specifications that were reviewed by the Plan Team,
SSC, and the Council in 2024 and published in the Federal Register on
March 18, 2025 (90 FR 12640).
NMFS was unable to prepare new stock assessments that were
scheduled for updates this year for the 2025 SAFE report or new ESRs.
The November Groundfish Plan Team meetings were canceled since there
were no updated stock assessments to review at that time. At the
December Council meeting, the SSC used the best scientific information
available to make recommendations on final 2026 and 2027 OFLs and ABCs.
This information included the 2024 stock assessments (which already
included projected OFLs and ABCs for 2026) and the stock-specific risk
tables included with those assessments; Plan Team recommendations from
its 2024 and September 2025 meetings; catch reports for each stock and
stock complex comparing recent catch data to TACs, ABCs, and OFLs;
tables summarizing relevant information on groundfish stocks and stock
complexes that included biomass and survey trends; information
available from the 2025 Alaska Fisheries Science Center (AFSC) surveys;
and available ESR information that included the 2024 ESRs and the ESR
previews presented to Plan Team and SSC in September and October 2025,
respectively. More information on the SSC's review is provided in the
December 2025 report: <a href="https://meetings.npfmc.org/CommentReview/DownloadFile?p=74322a78-4de1-451c-a10f-13b11286f8b9.pdf&fileName=Draft%20SSC%20Report%20Dec%202025.pdf">https://meetings.npfmc.org/CommentReview/DownloadFile?p=74322a78-4de1-451c-a10f-13b11286f8b9.pdf&fileName=Draft%20SSC%20Report%20Dec%202025.pdf</a>. The
Council then reviewed this information and the recommendations from the
SSC for OFLs and ABCs, as well as the recommendations from the AP for
TACs, and recommended final 2026 and 2027 TACs.
The 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 the tiers to be used to calculate OFLs and ABCs. The tier
applicable to a particular stock or stock complex is determined by the
level of reliable information available to the fisheries scientists.
This information is categorized into a successive series of six tiers
to define OFLs and ABCs, with tier 1 representing the highest level of
information quality available and tier 6 representing the lowest level
of information quality available. This tier structure was used to
calculate the 2026 and 2027 OFLs and ABCs for each stock or stock
complex. In December 2025, the SSC adopted the 2026 and 2027 OFLs and
ABCs that were recommended as proposed specifications by the Plan Team
for all groundfish species in September 2025 and the SSC in October
2025. Because the 2024 SAFE report does not set OFLs and ABCs for 2027,
the SSC set the 2027 OFLs and ABCs equal to 2026. These 2027 OFLs and
ABCs will be superseded by the final 2027 and 2028 harvest
specifications.
The 2026 and 2027 TACs are based on the best available biological
and socioeconomic information consistent with Sec. 679.20(a)(3). In
making its recommendations, the Council adopted the SSC's OFL and ABC
recommendations and the AP's TAC recommendations for all groundfish
stocks and stock complexes.
NMFS finds that the recommended OFLs, ABCs, and TACs are consistent
with the biological condition of the groundfish stocks as described in
the 2024 SAFE report and in consideration of ecosystem information
presented in the ESRs. NMFS also finds that the Council's
recommendations for TACs are consistent with the biological condition
of groundfish stocks as adjusted for other biological and socioeconomic
considerations, including maintaining the sum of all TACs within the OY
range of 1.4 million to 2.0 million mt (Sec. 679.20(a)(2) and (a)(3)).
Consistent with National Standard 1 guidelines (50 CFR 600.310), the
annual catch limit rules for all fisheries (74 FR 3178, January 16,
2009), and the FMP, none of the Council's recommended 2026 or 2027 TACs
exceed the final 2026 or 2027 ABCs for any stock or stock complex. NMFS
finds that the Council's recommended OFLs, ABCs, and TACs are
consistent with the preferred harvest strategy outlined in the FMP, as
well as the Final EIS and ROD, and the biological condition of
groundfish stocks as described in the 2024 SAFE report that was
approved by the Council, while accounting for ecosystem, socioeconomic,
and harvest information presented in the final 2024 SAFE report,
including the ESRs for both the BS and AI.
NMFS has reviewed the recommendations of the SSC and Council for
OFLs, ABCs, and TACs for stocks and stock complexes in the BSAI as well
as any other relevant information. Based on that review, NMFS is
specifying the OFLs, ABCs, and TACs set forth in the tables of this
final rule as consistent with the Magnuson-Stevens Act, the FMP, and
other applicable law. Therefore, this final rule provides notification
that NMFS approves the final 2026 and 2027 harvest specifications as
recommended by the Council.
The 2026 harvest specifications set in this final action supersede
the 2026 harvest specifications previously set in the final 2025 and
2026 harvest specifications (90 FR 12640, March 18, 2025). Pursuant to
this final action, the 2026 harvest specifications are effective from
1200 hours, A.l.t., March 18, 2026, through 2400 hours, A.l.t.,
December 31, 2026, and the 2027 harvest specifications are effective
from 0001 hours, A.l.t., January 1, 2027, through 1200 hours, A.l.t.,
March 18, 2027.
Other Actions Affecting the 2026 and 2027 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,
[[Page 11752]]
longline, jig, and hand troll gear in the State of Alaska's (State) AI
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 AI GHL is set at 5 percent
(1,223 mt) of the combined 2026 Bering Sea (BS) subarea and Aleutian
Islands (AI) subarea apportionment of ABC. The 2027 AI GHL is set at 5
percent (1,223 mt) of the combined 2027 BS subarea and AI subarea
apportionment of ABC. The State's AI sablefish registration area
includes areas adjacent to parts of the BS subarea. Since most of the
State's 2026 and 2027 GHL sablefish fishery is expected to occur in
State waters adjacent to the BS subarea, the Council and its Plan Team,
SSC, and AP recommended that the sum of all State and Federal sablefish
removals not exceed the recommended apportionment of ABC for sablefish
in the BS and AI subareas. Accordingly, after reviewing the Council
recommendations, NMFS approves 2026 and 2027 sablefish TACs in the BS
and AI subareas that account for the State's GHLs for sablefish caught
in State waters.
The State's GHL for Pacific cod for vessels using pot gear in State
waters in the BS is equal to 13 percent of the Pacific cod ABC for the
BS subarea. Under the State's management plan, the BS GHL will increase
by 1 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 subarea ABC. 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 1 percent, but the GHL may not decrease below
10 percent of the BS subarea 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 subarea 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 Pacific cod removals
not exceed the ABC recommendations for Pacific cod in the BS subarea.
Accordingly, after reviewing the Council recommendations, NMFS approves
2026 and 2027 Pacific cod TACs in the BS subarea that account for the
State's GHLs for Pacific cod caught in State waters in the BS.
In 2025, the State's GHL for Pacific cod in State waters in the AI
was equal to 35 percent of the AI ABC. The AI GHL will increase
annually by 4 percent of the AI subarea 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 subarea 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 subarea ABC. For
2026, the GHL decreased to 31 percent (a 4 percent reduction) of the AI
subarea ABC, which is 4,022 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. The Council and its Plan Team, SSC, and AP recommended
that the sum of all State and Federal Pacific cod removals not exceed
the ABC recommendations for Pacific cod in the AI subarea. Accordingly,
after reviewing the Council recommendations, NMFS approves 2026 and
2027 Pacific cod TACs in the AI subarea that account for the State's
GHLs for Pacific cod caught in State waters in the AI.
Changes in TACs From the Proposed 2026 and 2027 Harvest Specifications
for the BSAI
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. This past November, there was a disruption in the
completion of the stock assessments that were scheduled for update in
2025. The stock assessments were not completed in time for the Plan
Team's meeting in November and the Plan Team was unable to meet to
review, update, and finalize the 2025 SAFE report.
At the September 2025 Plan Team meeting, NMFS scientists presented
updated and new survey results and a preview of ecosystem status
information for the ESRs. 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 at the November Plan Team
meeting survey results, model changes, and updated stock assessments
for groundfish stocks (consistent with the schedule for review of those
stock assessments), 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 limited changes between
the proposed and final specifications because no updated stock
assessments could be prepared and so no model changes or additional
review were completed by the Plan Team in November 2025 due to the
lapse in appropriations and the government shutdown.
In October 2025, the Council's recommendations for the proposed
2026 and 2027 harvest specifications (90 FR 58204, December 16, 2025)
were based on information contained in the 2024 SAFE report for the
BSAI groundfish fisheries, dated November 2024. In October 2025, the
Council recommended that proposed 2026 and 2027 OFLs and ABCs be based
on rollovers of the 2026 amounts from the final 2025 and 2026 harvest
specifications (90 FR 12640, March 18, 2025). In making this
recommendation, the Council used the best information available from
the 2024 stock assessments.
In December 2025, the Council's recommendations for the final 2026
and 2027 harvest specifications were based on information contained in
the 2024 SAFE report for the BSAI groundfish fisheries, dated November
2024, due to a disruption in the completion of the stock assessments
that were scheduled for update in 2025 and the Plan Team did not meet
in November to review, update, and finalize the 2025 SAFE report.
However, the 2024 SAFE report as well as the additional information
available for the SSC's and Council's review is the best scientific
information available. The 2024 SAFE report contains a review of the
latest scientific analyses and estimates of each species' biomass and
other biological parameters (including stock projections for 2026), as
well as summaries of the available information on the BSAI ecosystem,
including the stock-specific risk tables and information from the BS
ESR and AI ESR. SSC and Council recommendations were also informed by
Plan Team recommendations from 2024 and September 2025 meetings; catch
reports and relevant information on biomass and survey trends for each
stock and stock complex; 2025 AFSC surveys; and ESR information in
addition to the 2024 ESRs (ESR previews presented to Plan Team and SSC
in September and October 2025).
[[Page 11753]]
The AP and Council review the recommended OFLs and ABCs, and in
turn recommended TACs for each stock and stock complex such that TACs
do not exceed ABCs and ABCs do not exceed OFLs. The Council recommended
to increase the AI subarea Pacific cod TAC by 519 mt in 2026 and to
increase the TAC by 519 mt in 2027 from the proposed TAC. This increase
corresponds to the decrease in the State GHL. The only TAC reduction
was for Alaska plaice, which was reduced from the TAC in the proposed
rule by 518 mt in 2026 and by 518 mt in 2027 due to anticipated
decreased incidental catches in other fisheries. This decrease was
necessitated by the increase of Pacific cod TACs in order to keep the
sum of TACs in the BSAI from exceeding the 2.0 million mt limit. These
changes are compared in table A. The final TACs, including the limited
changes to TACs between the proposed and final harvest specifications,
are based on the most recent scientific, biological, and socioeconomic
information and are consistent with the FMP, regulatory obligations,
and the harvest strategy from the Final EIS and ROD as described in the
proposed and final harvest specifications, including the required OY
range of 1.4 million to 2.0 million mt.
[GRAPHIC] [TIFF OMITTED] TR10MR26.090
Table 1 lists the final 2026 OFL, ABC, TAC, initial TAC (ITAC), CDQ
reserve allocations, and nonspecified reserves of the BSAI groundfish
stocks and stock complexes; and table 2 lists the final 2027 OFL, ABC,
TAC, ITAC, CDQ reserve allocations, and nonspecified reserves of the
BSAI groundfish stocks and stock complexes. These final 2026 and 2027
TAC amounts for the BSAI are within the OY range established for the
BSAI and do not exceed the ABC for any stock and stock complex. These
final 2026 and 2027 ABCs do not exceed the OFL for any stock and stock
complex. The apportionment of TAC amounts among fisheries and seasons
is discussed below.
BILLING CODE 3510-22-P
[[Page 11754]]
[GRAPHIC] [TIFF OMITTED] TR10MR26.091
[[Page 11755]]
[GRAPHIC] [TIFF OMITTED] TR10MR26.092
[[Page 11756]]
[GRAPHIC] [TIFF OMITTED] TR10MR26.093
[[Page 11757]]
[GRAPHIC] [TIFF OMITTED] TR10MR26.094
[[Page 11758]]
BILLING CODE 3510-22-C
Groundfish Reserves and the ICAs for Pollock, Atka Mackerel, Flathead
Sole, Rock Sole, Yellowfin Sole, and AI Pacific Ocean Perch
Section 679.20(b)(1)(i) requires that NMFS 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 allocations of sablefish for each subarea from the
nonspecified reserve and 10.7 percent of the BS subarea 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 subarea 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 establishes a pollock ICA of 46,000 mt of
the BS subarea 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
establishes a pollock ICA of 4,500 mt of the AI subarea 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.
After subtracting the 10.7 percent CDQ reserve and pursuant to
Sec. 679.20(a)(8) and (10), NMFS allocates 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 (WAI) Pacific ocean perch, 60 mt of
Central Aleutian District (CAI) Pacific ocean perch, 100 mt of Eastern
Aleutian District (EAI) Pacific ocean perch, 20 mt of WAI Atka
mackerel, 100 mt of CAI Atka mackerel, and 800 mt of EAI and BS subarea
Atka mackerel. These ICAs are based on NMFS's examination of the
incidentally retained and discarded 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 during the year to a target species that contributed to the
nonspecified reserve, provided that such apportionments are consistent
with Sec. 679.20(a)(3) and do not result in overfishing (Sec.
679.20(b)(1)(i)). The Regional Administrator has determined that
amounts from the nonspecified reserve will be apportioned to two
species groups that contributed to the nonspecified reserve. Because
U.S. fishing vessels have demonstrated the capacity to catch the full
TACs specified in tables 1 and 2, the total reserve amounts for each
species group is included in the full TACs specified in tables 1 and 2.
These apportionments of the reserve amounts for these species groups
are consistent with NMFS regulations (Sec. 679.20(a)(3), (b)) and will
not result in overfishing as the TACs with the reserve amounts included
do not exceed ABCs (and ABCs do not exceed OFLs, see tables 1 and 2
above). Therefore, in accordance with Sec. 679.20(b), NMFS is
apportioning the reserve amounts shown in table 3 from the nonspecified
reserve to BS and AI ``other rockfish'' and BS/EAI and CAI/WAI
blackspotted/rougheye rockfish for 2026 and 2027.
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Allocation of Pollock TAC Under the AFA
Section 679.20(a)(5)(i)(A) requires that the BS subarea pollock TAC
be apportioned as a DFA, after subtracting 10 percent for the CDQ
program and 46,000 mt for the ICA in both 2026 and 2027, 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 subarea,
45 percent of the DFAs are
[[Page 11759]]
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 subarea
directed pollock fishery allocation to the Aleut Corporation is the
amount of pollock TAC remaining in the AI subarea after subtracting 10
percent for the CDQ DFA and 4,500 mt for the ICA (Sec.
679.20(a)(5)(iii)(B)(2)). In the AI subarea, 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)). Tables 4 and 5 list
these 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. 679.20(a)(5)(i)(B)(2) and
(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 requirements regarding BS
subarea 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 delivering to listed C/Ps, unless the
Regional Administrator receives a cooperative contract that allows for
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. Section 679.20(a)(5)(i)(A)(3) divides the BS subarea
pollock inshore sector allocation between inshore cooperatives (the
aggregate of annual allocations of all AFA inshore CV cooperatives) and
inshore open access (the remainder not allocated to inshore
cooperatives). Tables 4 and 5 list the 2026 and 2027 allocations of
pollock TAC. Table 6 lists the 2026 inshore sector allocation between
AFA inshore cooperatives and AFA open access vessels. The 2027 inshore
sector allocation between AFA inshore cooperatives and AFA open access
vessels will not be known until eligible participants apply for
participation in the program by December 1, 2026. Table 21 lists the
allocation of the CDQ pollock DFA among the CDQ groups. Tables 23, 24,
and 25 list the AFA C/P and CV sideboard limits.
Tables 4 and 5 also list 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. A.l.t. (noon), April 1, as provided in Sec.
679.20(a)(5)(i)(C). The A season pollock SCA harvest limit is
apportioned to each sector in proportion to each sector's allocated
percentage of the DFA.
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BILLING CODE 3510-22-C
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 (tables 7 and 8).
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 EAI District and the BS subarea Atka mackerel TAC
may be allocated to vessels using jig gear. The percent of this
allocation is recommended annually by the Council and is based on
several criteria, including the amount of Atka mackerel harvested by
vessels using jig gear during recent fishing years and the anticipated
harvest capacity of the jig gear fleet. In December 2025, the Council
recommended a 2026 and 2027 EAI District and BS subarea Atka mackerel
TAC allocated to vessels using jig gear of 0 percent. In recent years
no vessels have used jig gear to harvest Atka mackerel, and the Council
and NMFS received no public comment on anticipated harvest in future
years. After reviewing the Council's recommendation and the regulatory
criteria (Sec. 679.20(a)(8)(i)), NMFS approves a 0 percent allocation
of the Atka mackerel TAC in the EAI District
[[Page 11764]]
and BS subarea to the jig gear sector in 2026 and 2027.
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 from June 10 through
December 31 (B season). Section 679.23(e)(4)(iii) applies Atka mackerel
seasons to CDQ Atka mackerel trawl fishing. 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.
679.20(a)(8)(ii)(B)). The ICAs 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. The Atka mackerel catch is also equally divided
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
seasonal allowance that is added to the B season be prohibited from
being harvested within waters 0 nmi to 20 nmi of Steller sea lion sites
listed in table 6 to 50 CFR part 679 and located in Areas 541, 542, and
543.
Tables 7 and 8 list these 2026 and 2027 Atka mackerel seasonal and
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 Amendment 80 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. Table 21 lists the allocation of CDQ Atka mackerel
among the CDQ groups.
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BILLING CODE 3510-22-C
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
BSAI 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 non-CDQ directed fishing for 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
Pacific cod TAC in the combined BSAI, 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 ft (18.3 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 Amendment 80 sector; and
22.1 percent to trawl CVs. The 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. For 2026 and 2027, the
Regional Administrator establishes an ICA of 500 mt based on
anticipated incidental catch by these sectors in directed fisheries for
groundfish other than Pacific cod. 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 Amendment 80 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 (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 in the A and B seasons by trawl CVs engaged in
directed fishing for groundfish other than PCTC Program Pacific cod.
For 2026 and 2027 NMFS sets an ICA amount of 1,500 mt in the A season
and 600 mt in the B season. These ICA amounts are based on incidental
catch in recent years. 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)) (tables 9 and 10 below).
The 2026 PCTC cooperative allocations and PSC limits are listed in
table 11. The 2027 cooperative allocations and PSC limits for PCTC
Program cooperatives 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)). Tables 9 and 10 list the CDQ and non-CDQ
sector allocations and the non-CDQ 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
determined for 2026 and 2027 the estimated amount of Pacific cod
abundance in Area 543 is 32 percent of the 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, the Area 543 harvest
limit is 2,864 mt for 2026, and 2,864 mt for 2027.
Under the PCTC Program, NMFS is required to specify an AI set-aside
of up to 12 percent of the PCTC Program A season cooperative quota for
delivery to an AI shoreplant in years in which an AI community
representative notifies NMFS of the intent to process PCTC Program
Pacific cod in the City of Adak or City of Atka (Sec. 679.132). A
notice of intent to process PCTC Program Pacific cod 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 by October 15, 2025, and accordingly the AI
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 final 2026 and 2027 Pacific cod TACs, tables 9 and 10
list 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). The CDQ allocation of BS and AI Pacific cod
among the CDQ groups is listed in table 21.
BILLING CODE 3510-22-P
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BILLING CODE 3510-22-C
Sablefish Gear Allocation
Sections 679.20(a)(4)(iii) and (iv) require allocation of the
sablefish TAC for the BS and AI subareas between the trawl gear and
fixed gear sectors. Gear allocations of the sablefish TAC for the BS
subarea are 50 percent for trawl gear and 50 percent for fixed gear.
Gear allocations of the sablefish TAC for the AI subarea 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 in the BS and
AI subareas 7.5 percent of the trawl gear allocation of sablefish TAC
from the nonspecified reserve, established under Sec. 679.20(b)(1)(i),
be assigned to the CDQ reserve for each subarea.
The Council recommended, and NMFS agrees, that only trawl sablefish
TAC be established biennially and that fixed gear sablefish TAC be
established for 1 year. 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, which opens March 26, 2026. 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 12 lists the 2026 and 2027 gear allocations of the
sablefish TAC and CDQ reserve amounts. Allocations among CDQ groups are
listed in table 21.
BILLING CODE 3510-22-P
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BILLING CODE 3510-22-C
Allocation of the AI Pacific Ocean Perch, and BSAI Flathead Sole, Rock
Sole, and Yellowfin Sole TACs
Sections 679.20(a)(10)(i) and (ii) require that NMFS allocate AI
Pacific ocean perch and BSAI flathead sole, rock sole, and yellowfin
sole ITACs between the Amendment 80 sector and the BSAI trawl limited
access sector, after subtracting 10.7 percent for the CDQ reserves and
ICAs for the BSAI trawl limited access sector and vessels using non-
trawl gear. The allocations 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 are established in
accordance with tables 33 and 34 to 50 CFR part 679 and with Sec.
679.91.
One Amendment 80 cooperative has formed for the 2026 fishing year.
Because all Amendment 80 vessels are part of the sole Amendment 80
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. Tables 13 and 14 list
the 2026 and 2027 allocations of the AI Pacific ocean perch and BSAI
flathead sole, rock sole, and yellowfin sole TACs. Allocations among
the CDQ groups are listed in table 21.
BILLING CODE 3510-22-P
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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 the Amendment 80
cooperatives' ABC reserve 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 15
lists the 2026 and 2027 ABC surplus and ABC reserves for BSAI flathead
sole, rock sole, and yellowfin sole. The ABC reserves for the CDQ
groups are listed in table 21.
[[Page 11775]]
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BILLING CODE 3510-22-C
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)(1) establishes three
fixed halibut PSC limits totaling 1,770 mt, and assigns 315 mt of the
halibut PSC limit as the PSQ reserve for use by the groundfish CDQ
Program, 745 mt of the halibut PSC limit for the BSAI trawl limited
access sector, and 710 mt of the halibut PSC limit 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 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 mt
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 (see table 19). Sections 679.21(b)(1)(ii)(A) and (B),
(e)(3)(i)(B), and (e)(3)(iv) require apportionment of the trawl PSC
limits into PSC allowances among seven fishery categories (see tables
16, 17, and 18). These apportionments into PSC allowances are based on
the fishery categories' share of anticipated halibut PSC during the
fishing year and the need to optimize the amount of total groundfish
harvested under the halibut PSC limit for the non-trawl and trawl
sectors.
Pursuant to Section 3.6 of the FMP, the Council recommends that
certain specified non-trawl fisheries be exempt from the halibut PSC
limit. NMFS concurs with this recommendation and exempts 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 fishery has 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 that legal-size
halibut 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 (see Sec. 679.7(f)(11)).
The 2025 total groundfish catch for the pot gear fishery in the
BSAI was 37,446 mt, with an associated halibut bycatch mortality of 8
mt. The 2025 jig gear fishery harvested 0 mt of total 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 pounds (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 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
[[Page 11776]]
percent of the red king crab PSC limit, and the limit must be based on
the need to optimize the groundfish harvest relative to red king crab
bycatch. The State established a Bristol Bay red king crab fishery in
October 2025, and in December 2025, the Council recommended, and NMFS
approves, that the RKCSS red king crab bycatch limit for 2026 and 2027
be equal to 25 percent of the red king crab PSC limit (table 17).
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) that 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) that 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 crab bycatch limitation zone (COBLZ) is set at 0.1133
percent of the total abundance minus 150,000 crabs, unless a minimum or
maximum PSC limit applies. Based on the most recent (2025) survey
estimate from the NMFS annual bottom trawl survey of 12.64 billion
animals, multiplied by 0.1133 percent, the calculated limit is
14,321,120 animals. Because the calculated limit 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 BS herring biomass. The regulation does
not specify how to determine the eastern BS herring biomass for
calculating the PSC limit. The Council and NMFS have relied on the
State's annual estimate. This year, the AP did not consider the 2025
forecasted biomass estimate because the State submitted their 2025
forecasted biomass estimate after the AP had met and had considered
recommendations for apportionments among trawl fishery categories. The
Council considered the available forecasted biomass estimates (2024 and
2025) and the AP's recommendation for apportionments among trawl
fishery categories that was based on the 2024 estimate. The Council
ultimately recommended a herring PSC limit based on the 2024 forecasted
biomass estimate of 265,096 mt and apportionments among the trawl
fishery categories consistent with the AP's recommendations. For 2026
and 2027, NMFS implements a PSC limit for Pacific herring based on the
2024 forecasted biomass estimate, which was developed by the State in
2024 based on biomass for spawning aggregations, and based on the
Council's recommendations for apportionments among trawl fishery
categories, which were developed with the benefit of the AP's
recommendations for apportionments. The herring PSC limit for 2026 and
2027 is 2,651 mt for all trawl gear as listed in tables 16 and 17.
Section 679.21(e)(3)(i)(A)(1) allocates 10.7 percent from 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 gear crab 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 2026 and 2027 apportionments of PSC limit to CDQ PSQ
reserves, the Amendment 80 sector, and the BSAI trawl limited access
sector are listed in table 16. 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 quota. Crab and halibut PSC
cooperative quota assigned to Amendment 80 cooperatives is not
apportioned to specific fishery categories. In 2026, there are no
vessels in the Amendment 80 limited access sector and there is a single
Amendment 80 cooperative. The 2027 PSC limits 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 assigned to
the A and B seasons (95 percent) and the C season (5 percent), and the
A and B season limit is reduced by 25 percent to determine 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 assigned 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. The limits of halibut and crab PSC for the PCTC Program are
listed in table 18, and in table 11 for PSC limits for PCTC Program
cooperatives.
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 trawl limited access and non-trawl sectors
to maximize the ability of the fleets to harvest the available
groundfish TAC and to minimize bycatch. The factors to be considered
are: (1) seasonal distribution of prohibited species; (2) seasonal
distribution of target groundfish species relative to prohibited
species distribution; (3) PSC bycatch needs on a seasonal basis
relevant to prohibited species biomass and expected catches of target
groundfish species; (4) the expected variations in bycatch rates
throughout the year; (5) the expected changes in directed groundfish
fishing seasons; (6) the 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 criteria, the Council recommended and NMFS approves the seasonal
PSC apportionments in tables 18 and 19 to maximize harvest among gear
types, fisheries, and seasons while minimizing bycatch of PSC. PSC
limits for PCTC Program cooperatives are listed in table 11. PSC limits
among the CDQ groups are listed in table 21.
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Estimates of Halibut Biomass and Stock Condition
The IPHC annually assesses the abundance and potential yield of the
Pacific halibut stock using all available data from the commercial and
sport fisheries, other removals, and scientific surveys. Additional
information on the Pacific halibut stock assessment may be found in the
IPHC's 2025 Pacific halibut stock assessment (December 2025) available
on the IPHC website at: <a href="https://www.iphc.int">https://www.iphc.int</a>. The IPHC considered the
2025 Pacific halibut stock assessment at its January 2026 annual
meeting when it set the 2026 commercial halibut fishery catch limits,
also available on the IPHC website.
Halibut Discard Mortality Rates (DMRs)
To monitor halibut bycatch mortality allowances and apportionments,
the Regional Administrator uses observed halibut bycatch 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 (IPHC, Council, and NMFS staff). The DMR
methodology and findings are included as an appendix to the 2024 SAFE
report. The updated DMRs calculated using the DMR methodology are
reviewed by the Plan Team in September and the SSC in October. The Plan
Team and SSC reviewed the 2026 and 2027 DMRs in September 2025 and
October 2025, respectively, and that review is available at <a href="https://meetings.npfmc.org/CommentReview/DownloadFile?p=fdf11e1a-cb30-4bbb-8b43-90bf787c9800.pdf&fileName=Halibut%20DMR%20Working%20Group%20recommendations%20for%202026-2027.pdf">https://meetings.npfmc.org/CommentReview/DownloadFile?p=fdf11e1a-cb30-4bbb-8b43-90bf787c9800.pdf&fileName=Halibut%20DMR%20Working%20Group%20recommendations%20for%202026-2027.pdf</a>.
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 could improve the accuracy of estimation and progress on
methodology. The methodology continues to ensure that NMFS is using
DMRs that accurately reflect halibut mortality, which will inform the
sectors of their estimated halibut mortality and allow sectors to
respond with methods that could reduce mortality and, eventually, the
DMR for that sector.
At the October 2025 meeting, the SSC reviewed updated 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 adopts for 2026 and 2027 the DMRs
reviewed by the Plan Team and SSC and recommended by the Council in
October 2025. The final 2026 and 2027 DMRs in this rule are unchanged
from the DMRs in the proposed 2026 and 2027 harvest specifications (90
FR 58204, December 16, 2025). Table 20 lists these final 2026 and 2027
DMRs.
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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: (1) past bycatch performance; (2)
whether Chinook salmon bycatch incentive plan agreements (IPAs) are
formed and approved by NMFS; and (3) 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 if
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 if in 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 if the sector has exceeded its performance standard under
Sec. 679.21(f)(6), and if in 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. In addition, all
AFA sectors are participating in NMFS-approved IPAs, and no sector has
exceeded the sector's annual Chinook salmon bycatch performance
standard in any 3 of 7 consecutive years. 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). The AFA sector Chinook salmon PSC limits are also
seasonally apportioned with 70 percent for the A season pollock fishery
and 30 percent for the B season pollock fishery (Sec. Sec.
679.21(f)(3)(i) and 679.23(e)(2)). NMFS publishes the approved IPAs,
allocations, and reports at: <a href="https://www.fisheries.noaa.gov/alaska/bycatch/chinook-salmon-bycatch-management-alaska">https://www.fisheries.noaa.gov/alaska/bycatch/chinook-salmon-bycatch-management-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.
CDQ Group Quotas
In 2006, Public Law 109-241 amended section 305(i)(1) of the
Magnuson-Stevens Act (16 U.S.C. 1855(i)). This law specifies the
allocation of CDQ groundfish among the six CDQ groups. The six CDQ
groups are the Aleutian Pribilof Island Community Development
Association (APICDA), Bristol Bay Economic Development Corporation
(BBEDC), Central Bering Sea Fisherman's Association (CBSFA), Coastal
Villages Regional Fund (CVRF), Norton Sound Economic Development
Corporation (NSEDC), and Yukon Delta Fisheries Development Association
(YDFDA). NMFS published the CDQ and CDQ PSQ percentages on August 31,
2006 (71 FR 51804). The groundfish and PSC amounts for each CDQ group
are based on those percentages as applied to the total CDQ amounts in
these harvest specifications. These amounts for each CDQ group are
shown in table 21.
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Directed Fishing Closures
In accordance with Sec. 679.20(d)(1)(i), the Regional
Administrator may establish a DFA for a species or species group if the
Regional Administrator determines that any allocation or apportionment
of a target species has been or will be reached. If the Regional
Administrator establishes a DFA, and that allowance is or will be
reached before the end of the fishing year, NMFS will prohibit directed
fishing for that species or species group in the specified subarea,
regulatory area, or district (Sec. 679.20(d)(1)(iii)). Pursuant to
Sec. 679.21(b)(4) and (e)(7), if the Regional Administrator determines
that a fishery category's bycatch allowance or seasonal apportionment
of halibut, red king crab, C. bairdi crab, or C. opilio crab for a
specified area has been reached, the Regional Administrator will
prohibit directed fishing for each species or species group in that
fishery category in the area specified by regulation for the remainder
of the season or fishing year.
Based on historical catch patterns and anticipated fishing
activity, the Regional Administrator has determined that the groundfish
allocation amounts in table 22 will be necessary as incidental catch,
in addition to ICAs previously mentioned, to support other anticipated
groundfish fisheries for the 2026 and 2027 fishing years. Consequently,
in accordance with Sec. 679.20(d)(1)(i), the Regional Administrator
establishes the DFA for the species and species groups in table 22 as
zero mt. Therefore, in accordance with Sec. 679.20(d)(1)(iii), NMFS is
prohibiting directed fishing for these sectors and species or species
groups in the specified areas effective at 1200 hours, A.l.t., March
18, 2026, through 1200 hours, A.l.t., March 18, 2027. Also, for the
BSAI trawl limited access sector, bycatch allowances of halibut, red
king crab, C. bairdi crab, and C. opilio crab listed in table 22 are
insufficient to support directed fisheries for the species and species
groups listed in table 22. Therefore, in accordance with Sec.
679.21(b)(4)(i) and (e)(7), NMFS is prohibiting directed fishing for
these sectors, species, and fishery categories in the specified areas
effective at 1200 hours, A.l.t., March 18, 2026, through 1200 hours,
A.l.t., March 18, 2027.
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Inseason closures implemented under the final 2025 and 2026 BSAI
harvest specifications for groundfish (90 FR 12640, March 18, 2025)
remain effective
[[Page 11785]]
under authority of these final 2026 and 2027 harvest specifications and
until the date specified in those closure notifications or superseded
by a subsequent action. Inseason closures are posted at the following
website under the Alaska filter for Management Area: <a href="https://www.fisheries.noaa.gov/rules-and-announcements/bulletins">https://www.fisheries.noaa.gov/rules-and-announcements/bulletins</a>.
While these closures are in effect, the maximum retainable amounts
at Sec. 679.20(e) and (f) apply at any time during a fishing trip.
These closures to directed fishing are in addition to closures and
prohibitions found at 50 CFR part 679. NMFS may implement other
openings and closures during the 2026 and 2027 fishing years as
necessary for effective conservation and management and consistent with
the regulations at 50 CFR part 679.
AFA Harvesting Sideboard Limits
Section 679.64 establishes groundfish harvesting 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 listed AFA C/Ps from directed fishing for all groundfish
species or species groups subject to sideboard limits. Section
679.64(a)(1)(v) exempts AFA C/Ps from a yellowfin sole sideboard limit
because the final 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)(1)(iii) sets the procedures for
calculating AFA C/P sideboard limits when they apply.
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 23 that
are caught by listed AFA C/Ps participating in any groundfish fishery
other than pollock will accrue against the final 2026 and 2027 PSC
sideboard limits for the listed AFA C/Ps. Section 679.21(b)(4)(iii),
(e)(3)(v), and (e)(7) authorizes NMFS to close directed fishing for
groundfish other than pollock for listed AFA C/Ps once a final 2026 or
2027 PSC sideboard limit listed in table 23 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).
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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). Section 679.64(b)(6) exempts AFA CVs
from a yellowfin sole sideboard limit because the final 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
[[Page 11786]]
(Sec. Sec. 679.64(b)(3)(ii)). Table 24 lists the final 2026 and 2027
non-exempt AFA CV groundfish sideboard limits.
[GRAPHIC] [TIFF OMITTED] TR10MR26.121
Halibut and crab PSC limits listed in table 25 that are caught by
AFA CVs participating in any groundfish fishery other than pollock will
accrue against the final 2026 and 2027 PSC sideboard limits for the AFA
CVs. Section 679.21(b)(4)(iii), (e)(3)(v), and (e)(7) authorizes NMFS
to close directed fishing for groundfish other than pollock for AFA CVs
once a final 2026 or 2027 PSC sideboard limit listed in table 25 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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BILLING CODE 3510-22-C
Response to Comments
NMFS received 5 letters with 15 unique comments during the public
comment period for the proposed BSAI groundfish harvest specifications
(90 FR 58204, December 16, 2025). Four letters were from organizations,
and one letter was from an individual. NMFS's responses are below.
Comment 1: The Final EIS and ROD are outdated and NMFS must prepare
a new or supplemental EIS on the harvest specifications. Without these
updated analyses, NMFS is thwarting the purposes of the National
Environmental Policy Act (NEPA) and engaging in uninformed decision
making. There are significant new circumstances and information
relevant to environmental concerns and bearing on the proposed action
and its impacts. New information includes information related to
climate variability, marine heatwave impacts, vessel strikes and
entanglements, pelagic trawl bottom contact, impacts on northern fur
seal prey, salmon bycatch, hatchery salmon impacts on aquatic
ecosystems, and plastics. This significant new information indicates
the trawl fisheries are having harmful environmental effects to an
extent not previously considered in the existing NEPA analyses for the
fisheries.
Response: A new EIS is not necessary for NMFS to approve and
implement the 2026 and 2027 groundfish harvest specifications for the
BSAI and GOA because NMFS implements the specifications each year based
on the harvest strategy analyzed as an alternative in the Final EIS and
selected in the ROD. In short, NMFS already prepared an EIS that
supports these final groundfish harvest specifications and has taken a
``hard look'' and determined, as documented in the 2026
[[Page 11788]]
SIR, that supplementation of the Final EIS is not required for NMFS to
approve and implement the 2026 and 2027 groundfish harvest
specifications for the BSAI and GOA.
Groundfish harvests are managed subject to annual limits on the
retained and discarded catch amounts of each stock and stock complex.
The ``harvest strategy'' is the method used to calculate these annual
limits, referred to as ``harvest specifications,'' and the process of
establishing them is referred to as the ``specifications process.''
NMFS prepared the Final EIS to analyze the environmental, social, and
economic impacts of alternative harvest strategies used to determine
the annual harvest specifications for the federally managed groundfish
fisheries in the GOA and BSAI management area.
The purpose of the harvest strategy is to: (1) provide for orderly
and controlled commercial fishing for groundfish; (2) promote
sustainable incomes to the fishing, fish processing, and support
industries; (3) support sustainable fishing communities; and (4)
provide sustainable flows of fish products to consumers. The harvest
strategy balances groundfish harvest in the fishing year with ecosystem
needs (e.g., non-target fish stocks, marine mammals, seabirds, and
habitat). Importantly, the harvest strategy and specification process
are designed to use the best available scientific information developed
through the SAFE report (including the ESRs) to calculate the status
determination criteria, assess the status of each stock, and set the
TACs.
In the ROD, NMFS selected one of the alternative harvest strategies
analyzed in the Final EIS: to set TACs that fall within the range of
ABCs recommended through the harvest specifications process. NMFS
concluded that the preferred harvest strategy analyzed in the Final EIS
and selected in the ROD 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. 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.
NMFS has not changed the harvest strategy or specifications process
from what was analyzed in the Final EIS.
As recognized in the ROD, the preferred alternative harvest
strategy (1) prevents overfishing because it is consistent with the
ABCs for the target species recommended on the basis of the best
scientific information; (2) sets TACs that fall within the BSAI OY
range, which is set to reflect ecosystem constraints; (3) works within
a broad range of existing and evolving fishery management measures
meant to balance harvest for fishing and processing industries and
communities and environmental harm and ecosystem impacts, while also
facilitating continued harvests of BSAI groundfish; and (4) allows for
management of target species within harvest limits that are based on
the best scientific information available, including ecosystem
information.
The harvest strategy employs the same process each year but is
designed to consider the most current, available information on stock
status and ecosystem conditions so that the outputs of the process
(OFLs, ABCs, and TACs) are adaptive and reflective of current
conditions. Each year the strategy uses the best scientific information
available in the SAFE reports to derive the annual harvest
specifications for OFLs, ABCs, and TACs. Through this process, each
year, the Groundfish Plan Teams for the BSAI and GOA (Groundfish Plan
Teams) use the most recent stock assessments based on survey results
and other biological data to calculate biomass, OFLs, and ABCs for each
stock and stock complex. The OFLs and ABCs are published with the
harvest specifications, and provide the foundation for the Council and
NMFS to develop the TACs. The OFLs and ABCs reflect fishery science,
applied in light of the requirements of the FMPs. The Council uses the
AP report as a basis for TAC recommendations, which are consistent with
the SSC's OFL and ABC recommendations (i.e., the TAC recommendations
cannot exceed the SSC's ABC recommendations, and ABCs cannot exceed
OFLs).
The Final EIS evaluated the consequences of alternative harvest
strategies on ecosystem components and on the ecosystem as a whole. The
Final EIS evaluated the alternatives for their effects within the
action area. The environmental consequences of each alternative were
considered for the following resource components: target species, non-
specified species, forage species, prohibited species, marine mammals,
seabirds, habitat (Essential Fish Habitat (EFH)), ecosystem
relationships, and socioeconomic impacts. These considerations were
evaluated based on the conditions as they existed at the time the Final
EIS was developed, but the Final EIS also anticipated potential changes
in these conditions, including climate variability, would be
incorporated, as appropriate, through the annual implementation of the
harvest strategy. Each year since 2007 NMFS has considered in the SIR
process relevant changes (i.e., new information, changed circumstances,
potential changes to the action) for the primary purpose of evaluating
the need to supplement the Final EIS.
Consistent with the NEPA and NOAA's Policy and Procedures for
Compliance with the NEPA and Related Authorities, Companion Manual for
NOAA Administrative Order 216-6A, NMFS should prepare supplements to
either draft or final environmental impact statements if a major
federal action remains to occur and: (i) the agency makes substantial
changes to the proposed action that are relevant to environmental
concerns; or (ii) there are substantial new circumstances or
information about the significance of adverse effects that bear on the
analysis (Marsh v. Oregon Nat. Res. Council, 490 U.S. 360, 371-373
(1989)). The Companion Manual states that NMFS may choose to prepare a
SIR for determining whether supplementation is necessary; the SIR is a
decision tool that documents NMFS's evaluation of new information,
changed circumstances, or proposed changes to an action and assists in
determining whether a supplemental NEPA document is necessary.
Ultimately, an agency is required to take a ``hard look'' at the new
information to assess whether supplementation might be necessary
(Norton v. S. Utah Wilderness All., 542 U.S. 55, 72-73 (2004)).
NMFS prepares a SIR each year to take that hard look and document
the evaluation and decision whether a supplemental EIS (SEIS) is
necessary to implement the annual groundfish harvest specifications. To
do this, NMFS analyzes the available information to determine whether
an SEIS must be prepared. The primary sources of information are the
SAFE reports, which represent the best scientific information available
for the harvest specifications. Included in the SAFE reports are the
groundfish stock assessments and any ESPs and the ESRs. Several other
regularly updated reports are available as resources, including reports
on ecosystem component species (e.g., forage fish report); the Economic
SAFE report; marine mammal stock assessment reports, Endangered Species
Act (ESA) 5-year status reviews, and other ESA and marine mammal
specific reports; EFH 5-year reviews; NMFS inseason management reports
and reports on catch, bycatch, and incidental take in the fisheries;
and analyses prepared to support other
[[Page 11789]]
NMFS management actions when relevant. To date, no annual SIR has
concluded that an SEIS is necessary.
The SIR recognizes the preferred harvest strategy analyzed in the
Final EIS and selected in the ROD was built on an annual process to
compile and utilize the most recent, best scientific information
available on stock abundance and condition, harvest and survey data,
environmental and ecosystem factors, and socioeconomic conditions. The
Final EIS contemplates that the annual process was built on flexibility
to allow for the implementation of annual harvest specifications that
reflect new information and changing circumstances in the context of
the considerations in the Final EIS.
NMFS utilizes a two-part inquiry to assess the need for an SEIS.
First, NMFS analyzes whether there are substantial changes in the
proposed action that are relevant to environmental concerns, or, in
other words, NMFS considers whether the harvest strategy changed in
such a way that it is meaningfully different than how the strategy was
considered and evaluated in the Final EIS. Second, NMFS assesses if
there are substantial new circumstances or information about the
significance of adverse effects that bear on the analysis in the Final
EIS, or, in other words, NMFS considers whether there is new
information that would alter the conclusions on impacts of the
implementation of the harvest strategy that were made in that EIS.
Ultimately, NMFS considers whether there is substantial new information
that indicates implementation of the harvest specifications will affect
the environment in a significant manner or to a significant extent not
considered in the Final EIS.
First, NMFS has determined that the 2026 and 2027 harvest
specifications for the BSAI are consistent with the preferred
alternative harvest strategy analyzed in the Final EIS and selected in
the ROD because they were developed through the harvest specifications
process, are within the OY established for the BSAI, and do not set TAC
to exceed the ABC for any single stock or stock complex.
Second, NMFS has concluded that the best available, most recent
information presented on stock abundance and condition, harvest and
survey data, environmental and ecosystem factors, and socioeconomic
conditions and used to set the 2026 and 2027 harvest specifications
does not represent a significant change relative to the environmental
impacts of the preferred harvest strategy analyzed in the Final EIS. As
documented in the 2026 SIR, NMFS assessed relevant information and
circumstances regarding the following resource components: (1) systemic
ecosystem effects; (2) target species, non-specified and forage
species, and prohibited species catch; (3) marine mammals; (4)
seabirds; and (5) habitat impacts. In this assessment, the SIR
summarizes the analysis of impacts to each resource component in the
Final EIS. The SIR relies on the most recent and best available
information on each of the resource components to then evaluate whether
any new information and circumstances present a seriously different
picture of the likely environmental harms of the action to occur (the
annual implementation of the 2026 and 2027 groundfish harvest
specifications) beyond what was considered in the Final EIS. For each
resource component, NMFS concluded in the 2026 SIR that the
implementation of the 2026 and 2027 harvest specifications will not
affect the resource component in a significant manner or to a
significant extent not considered in the Final EIS.
Based on the SIR prepared in conjunction with these harvest
specifications, NMFS determined that the 2026 and 2027 groundfish
harvest specifications do not constitute a substantial change in the
proposed action analyzed in the Final EIS and there are no substantial
new circumstances or information about the significance of adverse
effects that bear on the analysis in the Final EIS. More details are
provided in the 2026 SIR (see ADDRESSES).
Comment 2: Recent marine heatwaves in the North Pacific and Bering
Sea have caused widespread, long-lasting ecosystem impacts, with
climate-driven warming stressing fish populations by reducing growth
and energy reserves, while declining sea ice and increasing ocean
acidification further threaten the region's marine ecosystem.
Response: Climate variability is accounted for in NMFS's decision-
making on the annual implementation of the harvest specifications,
consistent with the harvest strategy in the FMP and analyzed in the
Final EIS (see Response to Comment 1).
The harvest specifications process uses the best scientific
information available on climate variability, as summarized primarily
from the SAFE reports (including the ESRs). The information from SAFE
reports and other sources are considered during the harvest
specifications process and used to evaluate risk, uncertainty, and
ecosystem factors when setting TACs in the manner consistent with the
preferred strategy contemplated by the Final EIS and ROD.
Chapter 3.5 of the Final EIS examined existing physical and
oceanographic conditions in the BSAI and GOA, and addressed climate and
ecological regime shifts, warming and loss of sea ice, and
acidification. Climate variability is known to impact all three issues
used to assess systemic ecosystem impacts in the Final EIS: (1)
predator-prey relationships, (2) energy flow and removal, and (3)
diversity.
The annual harvest specifications process continues to assess
systemic ecosystem impacts across the three issues analyzed in the
Final EIS. Ongoing research has increased NMFS's understanding of the
interactions among ecosystem components, including how they are
impacted by changing environmental and climate conditions. Advances in
research (e.g., genomic sequencing, electronic catch) and engineering
(e.g., autonomous sampling vehicles, ship-based acoustic monitoring)
have also expanded the breadth of information available for
consideration in the annual harvest specifications process since the
Final EIS.
SAFE reports and ESRs summarize and present information about
ecosystem status and trends, physical oceanography, biological data,
and socio-ecological dimensions. There are many examples of climate
variability considerations presented in the ESRs, including: (1)
physical indicators and oceanographic metrics (e.g., sea surface and
bottom temperatures, marine heatwaves, wind, sea-ice, and cold pool
extents); (2) impacts from oceanographic changes (e.g., changes in sea
ice and cold pool extents resulting in distributional shifts in space
(e.g., northward) and time (e.g., earlier/later seasonal movement) in
stocks); (3) climate-driven changes to metabolic demands and foraging
conditions tied to declining conditions for groundfish during recent
marine heatwaves; (4) impacts of anomalously warm conditions in the
marine and river environments on juveniles and adults of certain salmon
stocks; and (5) emerging stressors like ocean acidification and
implications for species (e.g., crab, mollusks). In addition, recent
ESRs have reported indices of borealization in the southeastern Bering
Sea in order to monitor ecosystem-level responses to warming
conditions.
The Groundfish Plan Teams, SSC, AP, and the Council review the ESRs
prior to the review of the stock assessments and advancing
recommendations to NMFS for the annual OFLs, ABCs, and TACs. The ESRs
provide the scientific
[[Page 11790]]
review body (the SSC) with context for the annual biological reference
points (OFLs and ABCs), and for the Council's final TAC recommendations
for groundfish, which are constrained by those biological reference
points. Information from the ESRs are also integrated into the annual
harvest recommendations through inclusion in stock assessment-specific
risk tables (see Reponses to Comments 4 and 8 for more information on
risk tables).
Finally, the FMP indicated that the ongoing consideration of
factors like climate variability would be addressed in the SAFE reports
(FMP Sections 3.2.2.2 and 3.2.3.1.2), as is currently the case with
both the individual stock assessments and the ESRs. As a result, the
annual harvest specifications process, which implements the preferred
alternative harvest strategy under the Final EIS and ROD, allows for
the consideration of the best scientific information available on
climate variability (16 U.S.C. 1851(a)(2); Sec. 600.315).
Comment 3: The harvest specifications are in violation of the
Council's peer review process, SSC guidelines, and National Standard 2
because there was no 2025 SAFE report and no recommendations from the
Plan Team. The 2024 SAFE is stale and outdated.
Response: NMFS is required to implement harvest specifications
consistent with the Magnuson-Stevens Act, implementing regulations, and
the FMP. NMFS has determined the final harvest specifications are
consistent with the Magnuson-Stevens Act, including National Standard
2, implementing regulations, and the FMP, and align with other
guidelines like the SSC Handbook.
The Magnuson-Stevens Act requires that conservation and management
measures be based on the best scientific information available (16
U.S.C. 1851(a)(2)) and that the SSC provide scientific advice for
fishery management decisions, including recommendations for ABCs,
preventing overfishing, and reports on stock status and health (16
U.S.C. 1852(g)(1)(B)). Regulations implementing the FMP require NMFS to
publish proposed specifications after consultation with the Council and
provide an opportunity for public comment before finalizing
specifications (Sec. 679.20(c)).
Under the FMP, the Council develops harvest specification
recommendations for NMFS's consideration based on: (1) recommendations
and supporting information from the Groundfish Plan Teams and SSC; (2)
information from the AP and the public; and (3) other relevant
information. The SAFE report that informs harvest specifications is
reviewed by the Groundfish Plan Teams, SSC, AP, and Council. The FMP
and SSC Handbook specify that SSC review constitutes the official
scientific review under the Information Quality Act and that SAFE
reports accepted by the SSC constitute the best scientific information
available for purposes of the Magnuson-Stevens Act (FMP Section
3.2.3.1.2). The SSC Handbook also indicates that the SSC recommends
OFLs and ABCs after reviewing the stock assessment and the report of
the Plan Team that reviewed the stock assessment. The SSC Handbook is
available at: <a href="https://files.npfmc.org/membership/SSC/SSChandbook.pdf">https://files.npfmc.org/membership/SSC/SSChandbook.pdf</a>.
NMFS acknowledges there was a disruption in the completion of the
stock assessments that were scheduled for update in 2025, and the
November 2025 Plan Team meetings were canceled (since there were no
updated stock assessments to review at that time). However, this
disruption does not render the final harvest specifications
inconsistent with the Magnuson-Stevens Act, implementing regulations,
or the FMP. The 2026 and 2027 OFLs and ABCs are unchanged from
specifications previously reviewed by the Plan Team and SSC. The OFLs
and ABCs recommended in 2025 were based on the 2024 SAFE report, which
underwent full review by the Plan Team and SSC in 2024 and informed the
final 2025 and 2026 harvest specifications. The same OFLs and ABCs were
subsequently reviewed again by the Plan Team in October 2025 and by the
SSC in October 2025 for the proposed specifications using the 2024 SAFE
report, the same as in prior years. This year, the OFLs and ABCs were
then reviewed again by SSC in December 2025 using the 2024 SAFE report
for the final harvest specifications. Even with the disruptions in
2025, this review by the Plan Team and SSC remains consistent with the
FMP and aligns with the SSC Handbook. The SSC further fulfilled its
statutory role by recommending ABCs and OFLs to prevent overfishing and
by reviewing stock status and health.
In addition to the 2024 stock assessments, additional information
was reviewed and considered during the process: prior SAFE reports,
BSAI catch reports for 2024 and 2025, biomass and survey trend
summaries, 2025 survey information, the 2024 ESRs, and preliminary ESRs
and ESPs from October 2025. The information accepted by the SSC
constitutes the best scientific information available for purposes of
the Magnuson-Stevens Act. The annual harvest specification process this
year therefore relies on the best scientific information available,
including peer-reviewed stock assessments by the Plan Team in 2024 and
September 2025 and the SSC in 2024 and 2025 (16 U.S.C. 1851(a)(2);
Sec. 600.315).
The Council recommended proposed TACs at its October 2025 meeting
and final TACs at its December 2025 meeting. The Plan Team, SSC, AP,
and Council meetings are open to the public both virtually and in
person and provide an opportunity for public comment. The SAFE reports
are available online (see ADDRESSES). In addition, NMFS published the
proposed rule for the 2026 and 2027 harvest specifications on December
16, 2025, and public comment was invited through January 5, 2026 (90 FR
58204). Development of the harvest specifications was fully
transparent, with multiple opportunities for public review and comment
at the Plan Team, SSC, AP, and Council meetings and through the public
comment period announced in the Federal Register.
NMFS is now implementing these final harvest specifications after
consultation with the Council and consideration of public comment
received on the proposed specifications. This is consistent with the
requirements of the Magnuson-Stevens Act and implementing regulations
and consistent with the process described in the FMP.
Comment 4: The TACs should be set at the most conservative and
precautionary level at the lower limit of the OY of 1.4 million mt. The
current process does not account for uncertainty that faces the
ecosystem and fisheries.
Response: The groundfish harvest specifications process and
resulting TACs incorporates available information on the status of the
ecosystems, accounts for uncertainty and risk, and is precautionary,
and for these reasons NMFS does not agree that TACs should be set lower
than the current sum of 2.0 million mt.
The FMP and implementing regulations direct that the sum of the
TACs for the BSAI ``must be within the OY range specified'' in
regulation (Sec. 679.20(a)(1)(i)(A), (a)(2)). The sum of the TACs for
2026 and 2027 are 2.0 million mt per year, which are within the OY
range specified in regulation of 1.4 million to 2.0 million mt. This
OY, which was previously recommended by the Council and approved by
NMFS, is set forth in the FMP and in regulation. NMFS has therefore
determined that, in any given year, setting the TACs to fall within the
OY range is consistent with the Magnuson-Stevens Act and provides the
greatest overall benefit to the Nation,
[[Page 11791]]
particularly with respect to food production and recreational
opportunities and taking into account the protection of marine
ecosystems and relevant economic, social, or ecological factors (Sec.
600.310(e)(3)).
Setting the TACs to meet the upper bound of the OY range of 2.0
million mt represents a 37 percent reduction below the total groundfish
ABC and balances relevant National Standard 1 considerations. Setting
TACs at the higher bound of the OY will provide the greatest benefit
for the Nation based on the benefits of maintaining viable groundfish
fisheries and contributions to regional and local economies. The 37
percent reduction from total groundfish ABC recognizes the benefits
that flow from that reduction, such as protections afforded to marine
ecosystems, forage for ecosystem components, and other ecological
factors (Sec. 600.310(e)(3)(iii)).
NMFS does not agree that TACs should be set any lower than the
current sum. These TACs account for the current status of fish stocks
and the BSAI ecosystem, while also accounting for current uncertainties
and socioeconomic considerations across the fisheries and communities
of the BSAI. The harvest specifications process is a robust process
that involves significant scientific review and input and uses the best
scientific information available when applying the harvest strategy to
establish annual harvest specifications. Scientists from the AFSC
prepare the stock assessments using sophisticated statistical analyses
of fish populations. The assessments for the BSAI are informed by the
survey and harvest data available, including multiple annual surveys in
the Eastern Bering Sea and biennial surveys in the AI. The stock
assessments undergo rigorous review, during public meetings, by the
scientists and resource managers on the Plan Team and SSC. The Plan
Team first reviews the stock assessments and recommends OFLs and ABCs
for each stock or stock complex for specified management areas. The SSC
then reviews the assessments and recommends OFLs and ABCs, which
provide the foundation for the Council to recommend and NMFS to
establish the TAC for each stock or stock complex. The status of fish
stocks in the BSAI is reviewed in each stock assessment; the status of
the BS and AI ecosystems are compiled in ESRs and other reports that
are expressly considered throughout the process; and the status of
fisheries and fishing communities are also compiled in several reports
and presented during public comment.
Precaution that accounts for uncertainties and risk is embedded in
the harvest strategy and in the annual stock assessment process for
specifying OFLs, ABCs, and TACs for BSAI groundfish stocks. First, OFL
and ABC are calculated for each stock and stock complex using
prescribed methods set forth in the FMP. These methods become more
precautionary depending on the tier level and stock status: for
example, with less reliable information, the larger the buffer
(reduction) between OFL and ABC, and as stock status declines, the OFL
and ABC are reduced. Calculating OFLs and ABCs using this tier system
accounts for uncertainties as it is based on the level of reliable
information about the stock and is adaptive based on stock status.
Precaution built into the specification of OFL and ABC also influences
TAC as TAC cannot exceed ABC and ABC cannot exceed OFL.
Second, the risk tables are a tool prepared for Alaska groundfish
stocks to specifically address uncertainty across four considerations:
assessment-related, population dynamics, environmental/ecosystem, and
fishery performance. Risk tables account for additional scientific
information and uncertainty that are not captured in the modeling,
consistent with the FMP and National Standard 1 regulations that ABC
accounts for scientific uncertainty in the estimate of OFL and ``any
other scientific uncertainty'' (Sec. 600.310(f)(1)(ii)). The risk
table is used to evaluate the severity and level of concern regarding
those four considerations, including environmental/ecosystem
considerations, and that evaluation can inform a scientific
recommendation to further reduce ABC. Because TAC cannot exceed ABC,
reductions in ABC for scientific uncertainty based on the risk table
result in additional precaution in the catch limits (TACs) for
groundfish of the BSAI.
Third, the sum of all TACs must be within the OY range, which in
the BSAI constrains the TACs that NMFS can implement. Since the sum of
all TACs in the BSAI well exceeds the upper range of OY, even though
TACs can be set up to ABC, some TACs must be set lower than ABCs to
ensure the sum of all TACs falls within the OY range (Sec.
679.20(a)(1)(i)(A) and (a)(2)). While there is precaution built into
the specification of each ABC (a reduction from OFL, representing
scientific uncertainty) and TAC (a reduction from ABC, representing
management uncertainty), the OY range is further constraining and
precautionary across the ecosystem in the BSAI by reducing fishery
removals up to the TACs implemented in this final rule. This result
further reduces impacts to the ecosystem from fishing for groundfish
species.
Any additional uncertainty in this year's process was addressed by
the SSC in December 2025 and summarized in the SSC report. At its
December 2025 meeting during which the SSC recommended final 2026 and
2027 OFLs and ABCs, the SSC recognized that the lack of new assessments
in 2025 due to the government shutdown increases uncertainty and
elevates risk for all stocks. In implementing what the SSC called a
``structured process'' for developing its OFL and ABC recommendations
in light of this increased uncertainty and risk, the SSC used as a
starting point the proposed OFLs and ABCs for 2026 that were
recommended by the SSC in October 2025; these are the final OFLs and
ABCs for 2026 that were reviewed in the 2024 cycle and are based on the
2024 SAFE report. Under the SSC's framework, the SSC then evaluated
whether any stocks should be considered for potential changes to those
proposed specifications and whether individual stocks warranted
consideration of additional conservation. The SSC explained that ``the
framework established criteria for considering whether the [proposed]
specifications, which were based on the most recent fully peer reviewed
SAFE reports, remain the best available scientific advice.''
The SSC's stock-specific deliberations focused on whether
additional uncertainty and risk were sufficient to warrant reductions
in ABC (which influences TAC because TAC cannot exceed ABC). SSC
discussions highlighted the need to explicitly consider the increase in
uncertainty as stock trends and reference points are projected forward
over multiple years, but noted that an approach for quantifying
increased uncertainty could not be developed in the current timeframe.
Ultimately, the SSC used the established qualitative risk table
framework for consistency across years in order to inform whether
reductions in ABC were warranted on the basis of the best information
available during this year's specifications process. The SSC also
explained that the specifications process is based on the tier system,
precautionary harvest control rules, and assessment frequencies that
reflect different life history dynamics and are periodically reviewed
and adjusted. In sum, while the SSC recognized the potential for
increased uncertainty and risk in developing the 2026 and 2027
[[Page 11792]]
OFLs and ABCs, additional uncertainty and risk were expressly assessed
by the SSC for each stock through the evaluation of the risk tables,
which are an established method for assessing additional scientific
information and uncertainty that are not captured in the modeling for
calculating ABC. The SSC's December 2025 report is available at:
<a href="https://meetings.npfmc.org/CommentReview/DownloadFile?p=74322a78-4de1-451c-a10f-13b11286f8b9.pdf&fileName=Draft%20SSC%20Report%20Dec%202025.pdf">https://meetings.npfmc.org/CommentReview/DownloadFile?p=74322a78-4de1-451c-a10f-13b11286f8b9.pdf&fileName=Draft%20SSC%20Report%20Dec%202025.pdf</a>.
Comment 5: The PSC limits should be set at the most conservative
and precautionary level for the BSAI and must address bycatch mortality
of crab, halibut, and salmon. The information used to set the PSC
limits is stale and outdated.
Response: The harvest specifications set PSC limits based on pre-
existing frameworks set out in regulation. In these final harvest
specifications, NMFS implements PSC limits consistent with the
requirements of the regulations for setting PSC limits and based on the
most recent information available.
National Standard 9 directs that conservation and management
measures shall, to the extent practicable, minimize bycatch, and, if
bycatch cannot be avoided, minimize mortality of bycatch (16 U.S.C.
1851(a)(9)). The Council recommends and NMFS develops and implements
FMP amendments and regulations for new bycatch reduction measures,
including PSC limits, based on those recommendations. Each of these
actions establishing a PSC limit considered and balanced all the
National Standards, including the direction to minimize bycatch and
bycatch mortality, including PSC, to the extent practicable. Specifying
PSC limits in the annual harvest specifications consistent with the
existing PSC regulations is therefore consistent with National Standard
9. The Council and NMFS are committed to continued improvements in
bycatch management and have undertaken or are currently considering
actions to address PSC (this includes amendment 123 to address halibut
PSC in the Amendment 80 sector). However, changes to PSC limits and
bycatch management are outside the scope of this final rule to
implement the 2026 and 2027 groundfish harvest specifications for the
BSAI.
Regulations at Sec. 679.21 set forth PSC limits for the BSAI
groundfish fisheries for PSC species (halibut, crab, herring, and
salmon). Some PSC limits in the BSAI are fixed limits set in regulation
such that there is no updated information needed: the halibut PSC
limits for the BSAI trawl limited access sector, BSAI non-trawl sector,
and CDQ Program; non-Chinook salmon PSC limit in the CVOA; and Chinook
salmon PSC limit for the Aleutian Islands pollock fishery (Sec.
679.21(b), (f), and (g)).
Other PSC limits in the BSAI are set in the groundfish harvest
specifications based on specific regulatory criteria and updated
information, as dictated in regulation: halibut PSC limit for Amendment
80 sector (AFSC Eastern Bering Sea shelf trawl survey index and IPHC
setline survey index); Tanner crab and snow crab PSC limits for trawl
fisheries (NMFS annual bottom trawl survey); and Chinook salmon PSC
limits for Bering Sea pollock fishery (State of Alaska 3-System Index
for western Alaska) (Sec. 679.21(b), (e), and (f)). In specifying
these PSC limits in this final rule, NMFS used the 2025 AFSC Eastern
Bering Sea shelf trawl survey index and IPHC setline survey index, the
2025 NMFS annual bottom trawl survey, and the 2025 State of Alaska 3-
System Index for western Alaska, as required by Sec. 679.21 (see
sections above titled PSC Limits for Halibut, Crab, and Herring, and
Salmon PSC Limits).
The regulations do not specify the information to be used to set
the red king crab (based on abundance and spawning biomass) and herring
(annual eastern Bering Sea herring biomass) PSC limits. For red king
crab, NMFS used the 2025 NMFS annual bottom trawl survey, and for
herring NMFS used the State's 2024 estimate of herring biomass.
Comment 6: NMFS should revise the 2026 and 2027 BSAI groundfish
harvest specifications to incorporate stronger bycatch limits, improved
monitoring, and precautionary reductions where ecosystem indicators
warrant it.
Response: Changes to bycatch limits and monitoring are outside the
scope of this final rule to implement the 2026 and 2027 groundfish
harvest specifications for the BSAI. Information on bycatch limits is
provided in Response to Comment 5.
Each year NMFS publishes an Annual Deployment Plan (ADP) describing
how observers and electronic monitoring (EM) are assigned to Alaska
halibut and groundfish fisheries to collect scientifically sound,
representative data on catch and fishing activity. This information
supports stock assessments, bycatch estimation, quota monitoring, and
other fishery management and conservation needs, while allowing NMFS to
meet monitoring objectives and adapt to changing fishery conditions and
technologies. More information on the North Pacific Observer Program is
available in the 2026 ADP: <a href="https://www.fisheries.noaa.gov/s3/2026-01/Final_2026_ADP_akro.pdf">https://www.fisheries.noaa.gov/s3/2026-01/Final_2026_ADP_akro.pdf</a>.
As explained in the 2026 ADP, the Observer Program is the largest
observer program in the country and is responsible for monitoring a
fleet of nearly 1,000 vessels that fish a combination of hook-and-line,
pot, and trawl gear across the Alaska EEZ. Fishing activities belong to
either partial or full coverage components of the program. In the full
coverage component of the program, every trip is monitored by 1 or 2
observers, or, in the case of pollock catcher vessels, has EM on 100
percent of the time, and the vast majority of groundfish harvest is
covered by this portion of the program. The full coverage component
includes the pollock trawl fishery, PCTC Program fishery, Amendment 80
fishery, and all mothership vessels. In the partial coverage component,
a subset of trips are randomly selected for monitoring by an observer
or EM system. In 2026, NMFS expects to monitor a total of 4,341 trips
and 22,110 days, consisting of an estimated 2,868 trips and 17,461 days
in the full coverage component of the program, and 1,473 trips and
4,649 days in the partial coverage component.
For more information on how this process accounts for uncertainty
and risk, is precautionary, and includes ecosystem information, see
Response to Comments 3, 4, 5, and 8.
Comment 7: Alaska's coastal communities cannot continue bearing the
consequences of a management system that prioritizes volume over
sustainability.
Response: NMFS recognizes the importance of the communities that
depend on Alaska fisheries. NMFS also recognizes the harvest
specifications, in particular the specification of TACs, affect fishery
participants and communities.
One of the purposes of the harvest strategy used to develop the
harvest specifications is to support sustainable fishing communities.
The harvest specifications specify TAC amounts for harvest by fishing
vessels and processing by fish processors, both of which are supported
by businesses located in coastal communities. Many coastal communities
rely on processing plants to generate revenue and employ community
members, and reducing the amount of fish landed in these communities
could have detrimental economic effects on these communities.
The TAC amounts are set each year based on consideration of the
best scientific information available and public comment relevant to
impacts on coastal communities. The Economic
[[Page 11793]]
SAFE, ESRs, and ESPs provide relevant information on the status of
fishery participants and communities throughout Alaska and relevant
socioeconomic indicators are presented in the ESRs and ESPs. As noted
in the 2024 ESRs, the majority of Alaska groundfish and crab fisheries
are sustainably managed.
The harvest specifications are also informed by public comment that
can be provided at every step through the Council and NMFS process.
Public comment can inform the Council's and NMFS's consideration in
recommending and setting TACs, respectively, such as impacts to coastal
communities. The AP also reviews and provides TAC recommendations to
the Council. The Council appoints to the AP recognized experts from the
fishing industry and related fields who represent a variety of gear
types, industry, and related interests as well as a spread of
geographic regions of Alaska and the Pacific Northwest having major
interest in the fisheries off Alaska. The AP also has a designated
Alaska Native Tribal Representative seat. The purpose of the AP is to
represent and provide the perspectives of fishery participants and
affected communities. Through its role, the AP provides perspectives on
the socioeconomic and cultural impacts of TAC and PSC amounts on
fishery participants and affected communities. During this annual
process, NMFS also publishes the proposed specifications and invites
public comment. This provides the public with another opportunity to
offer NMFS information and input for consideration on the socioeconomic
impacts of the proposed TACs for each stock or stock complex.
Ultimately, every final 2026 and 2027 TAC has been specified within
the robust, precautionary framework outlined in Response to Comment 4;
this framework is designed to prevent overfishing while achieving the
OY for the BSAI groundfish fisheries. These TACs, as specified under
the harvest strategy, are within the OY range for the BSAI groundfish
fisheries and support sustainable fishing communities while also
providing for sustainable incomes for fishery participants.
Comment 8: Setting TAC above precautionary or conservative levels
will worsen bycatch impacts to the ecosystems and harm local Alaska
communities dependent on them. NMFS should prioritize conservation of
species important to coastal communities.
Response: The TAC setting process accounts for ecosystem and
socioeconomic information, such as impacts on communities. The TACs
specified in this final rule are consistent with regulations on
bycatch, are implemented in consideration of ecosystem information, are
based on precaution that is built in to the process, and are reflective
of socioeconomic considerations, like effects on communities. Effects
on communities is also addressed in Response to Comment 7. The
specification of bycatch (PSC) limits is addressed in Response to
Comment 5. Response to Comment 4 addresses the precautionary measures
embedded in the harvest specification process, and Response to Comment
2 details other reports that inform stock assessments and the harvest
specification process.
The annual process for specifying TACs for groundfish in the BSAI
is a thorough, scientifically driven process informed by the best
available information on the status of target and bycatch species and
the marine ecosystems in the BS and AI as well as socioeconomic
considerations like harvest data and impacts on fishery participants
and communities. The primary sources of ecosystem information are the
ESRs, which provide the Plan Team, SSC, AP, Council, scientific
community, and the public, as well as NMFS, with information about
ecosystem status and trends for the BS and AI ecosystems. The ESRs are
drafted by scientists and staff from NOAA, other federal and state
agencies, academic institutions, Tribes, and non-profits.
Ecosystem information from the ESRs, as well as ESPs, is integrated
into the stock assessments for target species in several ways. Stock
assessment authors will include, if possible, relevant ecosystem-
related factors into their modeling. Many models use variables that are
potentially ecosystem-related, climate-impacted like size and condition
of fish (i.e., length and weight) and recruitment, and some models
integrate specific environmental factors that have been influenced by
climate variability, such as the extent of the cold pool and bottom
temperature in the survey area. Some stock assessments present
ecosystem considerations qualitatively through an additional ecosystem
considerations section prepared for operational assessments like
pollock. And all stock assessments include a risk table that assesses,
of the four considerations, environmental/ecosystem considerations that
may warrant a reduction in ABC depending on the level of concern and in
consideration of additional scientific uncertainty (more information on
risk tables is provided in Response to Comment 4). Some stock
assessments also include an ESP, which is a framework for organizing
ecosystem and socioeconomic information about an individual stock. The
ESP informs environmental and ecosystem considerations, population
dynamics, and fisheries performance about that stock and is also
integrated into the stock assessment in the risk table. BSAI groundfish
stocks with ESPs include: sablefish and Eastern Bering Sea Pacific cod.
The ESRs also provide information on the status of PSC species like
salmon, halibut, and crab. The 2024 ESRs included information on salmon
in the BS ecosystem and AI ecosystem, including a synthesis of the
status of adult and juvenile chum, king, and sockeye salmon; updated
information on the abundance of salmon; fish condition and trends;
trends in the run size of Bristol Bay sockeye salmon; the increasing
abundance and role of eastern Kamchatka pink salmon in the Aleutian
Islands; and trends in directed commercial catch of salmon. The 2024
EBS ESR also included an overview of foraging and energetics for
halibut, and the 2024 AI ESR evaluated changes in the biomass of fish
apex predators, including halibut. The 2024 EBS ESR evaluated trends
influencing commercial crab stock biomass (including snow crab).
As a result, the Plan Team and SSC review a robust set of
information on the status of target and bycatch species and the marine
ecosystems in the BS and AI ecosystems. This information is fully
incorporated in the groundfish harvest specifications process such that
the setting of OFL and ABC for stocks and stock complexes accounts for
the best scientific information available, including on the BS and AI
ecosystems. Stock assessments that utilize this information are
thoroughly reviewed by the Plan Team and the SSC through a public
process.
The TAC setting process is likewise informed by this information,
which is the best scientific information available, on the biological
condition of the stocks and socioeconomic considerations. The ESRs and
ESPs provide relevant information for setting TACs, and information
from the ESRs and ESPs is presented and reviewed by the Plan Team, SSC,
AP, and Council during the process. In the TAC setting process, the
Council reviews the Plan Team and SSC reports. With this information,
public comment, and TAC recommendations from the Council's AP, the
Council recommends TACs to NMFS. NMFS reviews those recommendations,
the Plan Team and SSC reports, the SAFE reports, and other relevant
documents.
[[Page 11794]]
For specifying TAC, the FMP provides that TAC may be lower than the
ABC if warranted on the basis of bycatch considerations, management
uncertainty, or socioeconomic considerations, or if required in order
to cause the sum of the TACs to fall within the OY range (FMP Section
3.2.3.4). TAC is the annual catch target for a stock or stock complex,
derived from the ABC by considering social and economic factors and
management uncertainty (i.e., uncertainty in the ability of managers to
constrain catch so the ACL is not exceeded, and uncertainty in
quantifying the true catch amount) (FMP Section 3.2.1; Sec. 600.310(f)
and (g)(4)). Regulations at Sec. 679.20(a)(3) provide that the annual
determinations for TACs may be adjusted based on the biological
condition of groundfish stocks and specific socioeconomic
considerations. As explained in Response to Comment 7, NMFS recognizes
the harvest specifications, in particular the specification of TAC,
affect fishery participants and communities. The harvest specifications
are informed by public comment that can be provided at every step
through the Council and NMFS process. The Council and NMFS consider
these factors from the FMP and regulations and public comment in
recommending and implementing TACs.
Consistent with National Standard 1 guidelines in Federal
regulations at Sec. 600.310 and the FMP, the TAC cannot exceed ABC and
ABC cannot exceed the OFL (Sec. 600.310(f)(3), (f)(4), and (g)(4)).
For all stocks and stock complexes in the BSAI, ABCs do not exceed the
OFLs, and TACs do not exceed the ABCs (and therefore annual catch
limits (ACLs)). The Magnuson-Stevens Act requires that conservation and
management measures shall prevent overfishing while achieving, on a
continuing basis, the OY for each fishery (16 U.S.C. 1851(a)(1)). The
OFL is the catch level above which overfishing is occurring;
overfishing occurs whenever a stock or stock complex is subjected to a
level of fishing mortality or annual total catch that jeopardizes the
capacity of a stock or stock complex to produce maximum sustainable
yield on a continuing basis (FMP Section 3.2.1). This rule specifies an
OFL for each stock and stock complex. NMFS manages fisheries inseason
to ensure that TACs are not exceeded. Managing the TAC ensures that the
ABC (and therefore ACL) and OFL are not exceeded. Each stock assessment
also notes whether overfishing has occurred for that stock or stock
complex, and none of the groundfish of the BSAI are subject to
overfishing.
Comment 9: The 2026 and 2027 harvest specification process
incorporates ecosystem considerations, is conservative and
precautionary, complies with National Standard 2 of the Magnuson-
Stevens Act, and is fully transparent. The process promotes stability
and predictability in BSAI groundfish fisheries, supporting fishermen,
communities, supply chains, and domestic seafood markets.
Response: NMFS acknowledges this comment. For more information on
ecosystem considerations see Response to Comments 1 and 8; precaution
see Response to Comments 2, 4, and 5; National Standard 2 see Response
to Comments 3 and 8; and the transparency of the process see Response
to Comments 3 and 8.
Comment 10: Due to the 2025 government shutdown, there was no
viable path to produce updated SAFEs, and the Council's decision to
rely on the most recent available SAFEs is consistent with practices of
other councils that cannot conduct annual assessments. The SSC found no
significant issues with using existing assessments that would risk
exceeding ABCs or the 2.0 million ton BSAI groundfish harvest limit,
and identified no scientific basis for reducing 2026 ABC or TAC limits
below previously specified levels. The commentator supports multi-year
groundfish assessment cycles and encourages the Council to pursue
longer-term contingency planning for future disruptions to annual
assessments.
Response: NMFS acknowledges this comment.
Comment 11: The 2025 BS pollock ICA was not fully used as
incidental catch and not reallocated to the AFA sector. The 2026 ICA
should be reallocated to directed fisheries if not harvested as
incidental catch. Future ICAs should be set at levels reflecting likely
catch.
Response: Incidental catch of BS pollock is historically variable
and in recent years has been highly variable. Because of this
uncertainty, NMFS cannot predict how much ICA will be taken while
developing the harvest specifications and takes a precautionary
approach by conservatively setting the ICA based on historical years
where catch of ICA was higher to prevent reallocating more to the ICA
from AFA sectors mid-year, thus disrupting AFA fishing operations. NMFS
has authority under Sec. 679.20(a)(5)(i)(A)(1) to reallocate ICA to
AFA sectors and vice versa if the Regional Administrator determines
that the ICA in the harvest specifications was set too high or too low.
If the BS pollock ICA is not being harvested as incidental catch in
2026, NMFS intends to reallocate likely unharvested fish to the AFA
sectors if participants show interest in harvesting this allocation and
have the harvesting capacity to catch more fish. NMFS will continue to
set ICAs based on the most recent historical years but may reduce the
ICA in the future if these recent years show a pattern of lower
incidental catch of pollock in non-pollock groundfish fisheries.
Comment 12: NMFS's continued authorization of trawl fisheries
unlawfully allows the take of marine mammals listed under the
Endangered Species Act (ESA), violating the Marine Mammal Protection
Act (MMPA) and constituting arbitrary and capricious agency action.
Issuing incidental take permits alone does not demonstrate MMPA
compliance; NMFS must ensure recovery plans and take reduction plans
are in place or underway and that the fisheries' impacts on affected
species or stocks are no more than negligible.
Response: NMFS approves and implements the harvest specifications
if they are consistent with the Magnuson-Stevens Act and other
applicable law, including the MMPA. NMFS has determined that these
final 2026 and 2027 harvest specifications are consistent with the
MMPA. The BSAI (and GOA) groundfish fisheries identified as a Category
I or II fishery that interact with ESA-listed species have a valid MMPA
section 101(a)(5)(E) permit (89 FR 50270, June 13, 2024).
NMFS categorizes all U.S. commercial fisheries under the MMPA List
of Fisheries (LOF) according to the levels of marine mammal mortality
and serious injury (M/SI). Each fishery is classified through an
analysis that assesses the potential cumulative impact of all
fisheries, as well as individual fishery impacts, on a marine mammal
stock by comparing M/SI levels to the potential biological removal
(PBR) for the marine mammal stock. PBR is defined as the maximum number
of animals, not including natural mortalities, that may be removed from
a marine mammal stock while allowing that stock to reach or maintain
its optimum sustainable population (50 CFR 229.2). Category I fisheries
have frequent M/SI of marine mammals resulting in annual mortality
greater than or equal to 50 percent of PBR. Category II fisheries have
a level of M/SI that exceeds 1 percent but is less than 50 percent of
the stock's PBR level, if total fishery related mortality is greater
than or equal to 10 percent of the PBR. Category III fisheries interact
with
[[Page 11795]]
marine mammal stocks with annual M/SI less than or equal to one percent
of the marine mammal's PBR level and total fishery-related mortality
less than 10 percent of PBR. More information on the LOF and fishery
categories is available at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-protection-act-list-fisheries</a>.
According to the most recent final LOF, no Alaska groundfish
fisheries are Category I (89 FR 12257, February 16, 2024). Three Alaska
groundfish fisheries are Category II, and two of these fisheries are
BSAI groundfish fisheries: the AK Bering Sea, Aleutian Islands flatfish
trawl fishery (the Amendment 80 fishery) and the AK Bering Sea,
Aleutian Islands pollock trawl fishery (the pollock trawl fishery). The
rest of the Alaska groundfish fisheries are categorized as Category
III.
For Category II fisheries that take ESA-listed species, section
101(a)(5)(E) of the MMPA directs that NMFS shall allow taking of ESA-
listed marine mammals incidental to commercial fishing operations if
NMFS makes a number of determinations regarding negligible impact,
recovery plans, and where required take reduction plans, monitoring
programs, and vessel registration (16 U.S.C. 1371(a)(5)(E)). In June
2024, NMFS issued a permit for the two BSAI groundfish fisheries that
require MMPA permits for the incidental take of ESA-listed species (89
FR 50270, June 13, 2024). Accordingly, both the AK Bering Sea, Aleutian
Islands flatfish trawl fishery and the AK Bering Sea, Aleutian Islands
pollock trawl fishery have a valid MMPA section 101(a)(5)(E) permit for
the incidental, but not intentional, take of ESA-listed species during
commercial fishing operations. When issuing the section 101(a)(5)(E)
permit, NMFS determined the issuance of that permit complied with the
MMPA and implementing regulations regarding the negligible impact
determination, recovery plans, take reductions plans, monitoring
programs, and vessel registration (89 FR 50270, June 13, 2024). Details
on the permit and the analyses that informed NMFS's determinations, as
well as NMFS's responses to comments on NMFS's proposed notice of
issuance of a permit under the MMPA, are in the Federal Register notice
announcing NMFS's issuance of the permit at 89 FR 50270, 50276 (June
13, 2024). This Federal Register notice is separate from the harvest
specifications process and this final rule.
Comment 13: Under the MMPA, NMFS must ensure there are mitigation
measures in place for killer whales and other non-ESA listed marine
mammals that interact with the trawl fisheries to prevent unnecessary
mortality and serious injury of these animals. NMFS must also revise
the Eastern North Pacific Alaska resident stock of killer whales and
address information on increasing fisheries interactions with humpback
whales.
Response: As noted in Response to Comment 12, NMFS has determined
that these final 2026 and 2027 harvest specifications for the BSAI are
consistent with the MMPA.
While NMFS remains concerned about the higher number of killer
whale incidental catches in the BSAI trawl fisheries in 2023 compared
to previous years, industry mitigation efforts have reduced the
incidental catches in 2024 and 2025. NMFS continues to investigate and
prepare updated analyses on killer whale stocks, including through
NMFS's marine mammal stock assessment reports and reports of human-
caused mortalities and serious injuries of marine mammals. NMFS also
released a technical memorandum, Killer Whale Entanglements in Alaska:
Summary Report 1991-2022. More information is available at the
following websites: <a href="https://www.fisheries.noaa.gov/feature-story/cause-death-determined-11-killer-whales-incidentally-caught-fishing-gear-alaska-2023">https://www.fisheries.noaa.gov/feature-story/cause-death-determined-11-killer-whales-incidentally-caught-fishing-gear-alaska-2023</a> and <a href="https://www.fisheries.noaa.gov/resource/document/killer-whale-entanglements-alaska">https://www.fisheries.noaa.gov/resource/document/killer-whale-entanglements-alaska</a>.
The commenter alludes to increasing fishery interactions with
humpback whales off the U.S. West Coast. There is no evidence of a
recent increase in interactions with the groundfish trawl fisheries in
the BSAI. The AK Bering Sea, Aleutian Islands flatfish trawl fishery
has 100 percent observer coverage for each fishing trip, and there have
been no reported or observed M/SI of the Western North Pacific stock of
humpback whale in the BSAI flatfish trawl fishery in the most recent
stock assessment report. The AK Bering Sea, Aleutian Islands pollock
trawl fishery has 100 percent observer coverage, either with a physical
observer or through EM. Two humpback whale mortalities (of unknown
Distinct Population Segment) were observed in the BSAI pollock trawl
fishery between 2016 and 2020. After being prorated for their
probability of occurrence, NMFS estimates a mean annual M/SI of 0.008,
which remains below 10 percent of the stock's PBR, based on the most
recent stock assessment report. The stock assessment reports are
available at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports</a>.
The commenter also asserts that the Eastern North Pacific Alaska
resident stock of killer whales consists of two distinct stocks, but
changes to the stock definitions of marine mammals managed under the
MMPA are outside of the scope of this final rule to implement the 2026
and 2027 groundfish harvest specifications for the BSAI.
Comment 14: NMFS management of the BSAI groundfish trawl fisheries
violates the Fur Seal Act (FSA) because it allows unauthorized takes of
Northern fur seals. The pollock fishery takes Northern fur seals by
disrupting feeding patterns by harvesting significant quantities of the
fur seal's main prey in their core feeding areas during their breeding
and nursing season. NMFS's continued authorization of the pollock
fishery with no mitigation measures or take reduction plan (TRP) in
place violates FSA.
Response: NMFS approves and implements the harvest specifications
if they are consistent with the Magnuson-Stevens Act and other
applicable law, including the FSA. NMFS has determined that these final
2026 and 2027 harvest specifications are consistent with the FSA. At
this time, NMFS has concluded that there is not sufficient information
to determine if the pollock fishery is disrupting fur seal feeding to
an extent that results in take prohibited under the FSA. There is
evidence suggesting nutritional limitation could be causing declines in
segments (i.e., foraging complexes) of the northern fur seal
population; however, there are increasing trends on some foraging
complexes on the Pribilof Islands and neither trend is definitively
linked to commercial fisheries, particularly the pollock fishery.
We recognize the potential for temporal and spatial competition
exists and that understanding these impacts is an ongoing research
focus. The commenter's claims of ``extensive scientific research''
proving the link between the pollock trawl fishery and the fur seal
decline overstates the findings of these studies, as most cited studies
only suggest potential competition or nutritional limitation, with only
one study directly implicating the pollock fishery. The differential
trends and habitat relationships of foraging fur seals from the
Pribilof Islands emphasizes the importance of continued research and
scientific debate on the causes of the northern fur seal trends in
abundance, measures of health, and other behavioral attributes
[[Page 11796]]
informative to their survival and reproductive success.
Comment 15: Under the Magnuson-Stevens Act, NMFS can approve
actions like the harvest specifications only if such actions do not
violate other applicable law, like the MMPA, FSA, and NEPA. NMFS has
not complied with other applicable law like the MMPA, FSA, and NEPA for
the BSAI groundfish harvest specifications.
Response: As addressed in the Classification section (below) and
the Response to Comments, NMFS has determined that implementing the
2026 and 2027 groundfish harvest specifications for the BSAI is
consistent with the Magnuson-Stevens Act, the FMP, and other applicable
law. As explained in Response to Comments 1, 12, 13, and 14, NMFS has
determined that this final rule is consistent with the NEPA, MMPA, and
FSA.
Changes to the Final Rule
NMFS undertook a thorough review of the relevant comments received
during the public comment period. For reasons described in the
preceding section, no changes to the final rule were made in response
to any of the comments received.
This year there are limited changes to TACs between the proposed
and final specifications because no updated stock assessments could be
prepared due to a disruption in the completion of the stock assessments
that were scheduled to be updated in 2025. The AI subarea Pacific cod
TAC increased by 519 mt in 2026 and by 519 mt in 2027 from the proposed
TAC. This increase corresponds to the decrease in the State GHL. The
only reduction was for Alaska plaice, which was reduced from the
proposed rule by 518 mt in 2026 and by 518 mt in 2027. This decrease
was necessitated by the increase of Pacific cod TACs in order to keep
the sum of TACs in the BSAI from exceeding the 2.0 million mt limit.
These changes are compared in table A and the section Changes in TACs
from the Proposed 2026 and 2027 Harvest Specifications for the BSAI.
The Atka mackerel TAC allocation for the jig sector in the EAI
District and BS subarea decreased by 182 mt due to receiving a zero
percent allocation in 2026 and 2027. This decrease was necessitated due
to the jig sector not utilizing any of its Atka mackerel TAC allocation
in recent years, and NMFS does not anticipate harvest by vessels using
jig gear in 2026 and 2027. The final TACs, including the limited
changes to TACs between the proposed and final harvest specifications,
are based on the most recent scientific, biological, ecosystem,
harvest, and socioeconomic information and are consistent with the FMP,
regulatory obligations (including the required OY range of 1.4 million
to 2.0 million mt), and the harvest strategy from the Final EIS and
ROD.
Classification
NMFS is issuing this final rule pursuant to section 305(d) of the
Magnuson-Stevens Act. Through previous actions, the FMP and regulations
are designed to authorize NMFS to take this action pursuant to section
305(d) (see 50 CFR part 679). The NMFS Assistant Administrator has
determined that the final harvest specifications are consistent with
the FMP and with the Magnuson-Stevens Act and other applicable law.
Executive Orders (E.O.s) 12866 and 14192
This action is exempt from review under E.O. 12866 because it only
implements annual catch limits in the BSAI. This action is exempt from
E.O. 14192 because it is exempt from review under E.O. 12866.
Executive Order (E.O.) 13175
This action will not have a substantial direct effect on one or
more Alaska Native Tribes, on the relationship between the Federal
Government and Alaska Native Tribes, or on the distribution of power
and responsibilities between the Federal Government and Alaska Native
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) is not required and has not
been prepared. No formal consultations were requested or held on the
BSAI harvest specifications.
National Environmental Policy Act
NMFS prepared a Final 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 identifying
the selected alternative (Alternative 2). NMFS prepared a SIR for this
action to address the need to prepare an SEIS. Copies of the Final EIS,
ROD, and annual SIRs (including the 2026 SIR for this action) are
available from NMFS (see ADDRESSES). The Final EIS analyzes the
environmental, social, and economic consequences of alternative harvest
strategies on resource components in the action area. Based on the
analysis in the Final EIS, NMFS concluded that the preferred
alternative harvest strategy (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. Specifically, the
preferred alternative harvest strategy (1) prevents overfishing because
it is consistent with the ABCs for the target species recommended on
the basis of the best scientific information; (2) sets TACs that fall
within the BSAI OY range, which is set to reflect ecosystem
constraints; (3) works within a broad range of existing and evolving
fishery management measures meant to balance harvest for fishing and
processing industries and communities and environmental harm and
ecosystem impacts, while also facilitating continued harvests of BSAI
groundfish; and (4) allows for management of target species within
harvest limits that are based on the best scientific information
available, including ecosystem information.
The preferred alternative is a harvest strategy in which TACs are
set at a level within the range of ABCs recommended through the harvest
specifications process. The sum of the TACs also 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.
NMFS prepared the 2026 SIR to evaluate whether NMFS should prepare
a SEIS for the 2026 and 2027 groundfish harvest specifications. A SEIS
should be prepared if a major federal action remains to occur and: (1)
the agency makes substantial changes to the proposed action that are
relevant to environmental concerns; or (2) there are substantial new
circumstances or information about the significance of adverse effects
that bear on the analysis. After reviewing the most recent, best
available information, including the information contained in the SIR
and SAFE report, the Regional Administrator has determined that (1) the
2026 and 2027 harvest specifications, which were set according to the
preferred alternative harvest strategy, do not constitute a substantial
change in the action; and (2) there are no substantial new
circumstances or information about the significance of adverse effects
that bear on the analysis in the Final EIS. Any new information and
circumstances do not present a seriously different picture of the
likely environmental harms of the action to
[[Page 11797]]
occur (i.e., the implementation of these harvest specifications) beyond
what was considered in the Final EIS such that the 2026 and 2027
harvest specifications will not affect the human environment in a
significant manner or to a significant extent not considered in the
Final EIS. The 2026 and 2027 harvest specifications will result in
environmental, social, and economic impacts within the scope of those
analyzed and disclosed in the Final EIS. Therefore, an SEIS is not
necessary to implement the 2026 and 2027 harvest specifications.
Final Regulatory Flexibility Analysis
Section 604 of the Regulatory Flexibility Act (RFA, 5 U.S.C. 604)
requires that, when an agency promulgates a final rule under 5 U.S.C.
553, after being required by that section or any other law to publish a
general notice of proposed rulemaking, the agency shall prepare a final
regulatory flexibility analysis (FRFA). The following constitutes the
FRFA prepared for these final 2026 and 2027 BSAI harvest
specifications.
Section 604 of the RFA describes the required contents of a FRFA:
(1) a statement of the need for, and objectives of, the rule; (2) a
statement of the significant issues raised by the public comments in
response to the initial regulatory flexibility analysis (IRFA), a
statement of the assessment of the agency of such issues, and a
statement of any changes made in 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, and a detailed statement of any
change made to the proposed rule in the final rule as a result of the
comments; (4) a description of and an 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 which 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 in the final rule and why
each one of the other significant alternatives to the rule considered
by the agency that affect the impact on small entities was rejected.
A description of this action, its purpose, and its legal basis are
contained at the beginning of the preamble to this final rule and are
not repeated here.
NMFS published the proposed rule for 2026 and 2027 harvest
specifications, apportionments, and PSC limits for the groundfish
fisheries of the BSAI on December 16, 2025 (90 FR 58204). NMFS prepared
an Initial Regulatory Flexibility Analysis (IRFA) to accompany the
proposed action and included the IRFA in the proposed rule. The comment
period closed on January 5, 2026. No comments were received on the IRFA
or the economic impacts of this rule. The Chief Counsel for Advocacy of
the SBA did not file any comments on the proposed rule.
A Description of and an Estimate of the Number of Small Entities
The entities directly regulated by this action are: (1) entities
operating vessels with groundfish Federal fishing permits (FFPs)
catching FMP groundfish in Federal waters; (2) all entities operating
vessels, regardless of whether they hold groundfish FFPs, catching FMP
groundfish in the State-waters parallel fisheries; and (3) all entities
operating vessels fishing for halibut that have incidental catch of FMP
groundfish (whether or not they have FFPs). These include entities
operating CVs and CPs within the action area and entities receiving
direct allocations of groundfish.
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 (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. NMFS formally reviewed this size
standard determination in 2025 and has issued a Notice of Determination
that after review consistent with NMFS's small business size standards
regulations, the SBA's review requirements under the Small Business
Jobs Act of 2010, the SBA's regulations establishing size standards,
and SBA's size standards methodology, the NMFS-established and codified
single small business size standard of $11 million in annual gross
receipts for all businesses in the commercial fishing industry
continues to reflect the size distribution of all businesses in the
commercial fishing industry and is appropriate for continued use for
RFA purposes only (90 FR 52917, November 24, 2025). Therefore, no
revision to the standard is warranted at this time.
Using the most recent year of data (2024), 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
This Rule
This action does not impose recordkeeping and reporting
requirements. This action sets TAC and groundfish PSC limits that NMFS
utilizes for the management of the groundfish fishery in the BSAI. If a
TAC 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.
[[Page 11798]]
Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities
This action implements the final 2026 and 2027 harvest
specifications, apportionments, and PSC limits for the groundfish
fisheries 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 implemented by NMFS and recommended by
the Council pursuant to the Magnuson-Stevens Act. The establishment of
the final harvest specifications is governed by NMFS's harvest
strategy, in consultation with the Council, for the catch of groundfish
in the BSAI. The harvest strategy was selected previously from among
five alternatives as described in the Final EIS, with the preferred
alternative harvest strategy being one in which the TACs fall within
the range of ABCs recommended through the harvest specifications
process. The sum of the TACs must be within the OY range specified in
the FMP and regulations. Under this preferred alternative harvest
strategy, TACs are set to a level that falls within the range of ABCs
recommended by the SSC and the sum of the TACs achieve the OY specified
in the FMP and regulations. While the specific TAC numbers that the
harvest strategy produces may vary from year to year, the methodology
used for the preferred harvest strategy remains constant.
The final 2026 and 2027 TACs associated with preferred harvest
strategy are those recommended by the Council in December 2025. Final
OFLs and ABCs are based on recommendations prepared by the Plan Team
and SSC in 2024 for final 2025 and 2026 OFLs and ABCs. The final OFLs
and ABCs for 2026 are unchanged from these previously reviewed 2025 and
2026 final amounts, and the 2027 amounts were set equal to 2026 amounts
and will be superseded in the final 2027 and 2028 harvest
specifications. The 2026 and 2027 OFLs and ABCs were reviewed by the
Plan Team in September 2025 and were reviewed and recommended by the
SSC in October and December 2025. The Council based its TAC
recommendations on those of its AP, and those recommendations are
consistent with the SSC's recommendations for final 2026 and 2027 OFLs
and ABCs. 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 the maximum OY of
2.0 million mt, TACs for some stocks and stock complexes are lower than
the ABCs recommended by the Plan Team and the SSC.
The final 2026 and 2027 OFLs and ABCs are based on the best
available biological information from the 2024 SAFE report, including
projected biomass trends, information on assumed distribution of stock
biomass, and revised technical methods to calculate stock biomass. The
final 2026 and 2027 TACs are based on the best available biological and
socioeconomic information. The final 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, as well as the ecosystem and socioeconomic information
presented in the 2024 SAFE report (including the BS and AI ESRs and any
ESPs). Accounting for the most recent information to set the final
OFLs, ABCs, and TACs is consistent with the objectives for this action,
as well as National Standard 2 of the Magnuson-Stevens Act (16 U.S.C.
1851(a)(2); Sec. 600.315), which states that actions shall be based on
the best scientific information available. The SAFE report also
includes information on the economic condition of the groundfish
fisheries off Alaska through the Economic SAFE report. Data are
available through 2024.
Under this action, the final ABCs reflect harvest amounts that are
less than the specified OFLs. The final TACs are within the range of
final ABCs recommended by the SSC and do not exceed the biological
limits recommended by the SSC (the ABCs and OFLs). Specifying TACs that
do not exceed ABCs and ABCs that do not exceed OFLs is consistent with
the objectives for this action, the FMP, and National Standard 1 of the
Magnuson-Stevens Act (16 U.S.C. 1851(a)(1)) and implementing
regulations (Sec. 600.310). NMFS sets, and the Council recommended,
final TACs equal to final ABCs, which is intended to maximize harvest
opportunities in the BSAI, unless other conservation or management
reasons support setting TAC amounts less than the ABCs. Although under
the FMP and regulations, NMFS could specify TACs equal to ABCs, NMFS
cannot set TACs for all species in the BSAI equal to their ABCs due to
the constraining OY limit in the BSAI of 2.0 million mt. For this
reason, some final TACs are less than the final ABCs. These specific
reductions were reviewed and recommended by the Council's AP, and then
reviewed and adopted by the Council as the Council's recommended final
2026 and 2027 TACs.
Based upon the best available scientific data, and in consideration
of the objectives of this action, there are no significant alternatives
to the final 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 final rule on small entities. This
action is economically beneficial to entities operating in the BSAI,
including small entities. The action specifies 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 and NMFS solicited input
from stakeholders, the Council concluded and NMFS likewise determines
that these final harvest specifications would best accomplish the
stated objectives articulated in the preamble for 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.
Paperwork Reduction Act
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Administrative Procedure Act
Pursuant to 5 U.S.C. 553(d)(1) and (d)(3), the 30-day delay in
effective date requirement does not apply to this rule because the
immediate implementation of this rule will relieve a restriction on
fishery participants and NMFS finds there is good cause for the
measures to take effect on March 18, 2026. The Plan Team and the SSC
recommended the OFL and ABC for each stock and stock complex based on
the 2024 SAFE report. The Council recommended TACs set less than or
equal to the ABC for each stock or stock complex in December 2025.
Accordingly, NMFS's review of the final 2026 and 2027 harvest
specifications could not begin until after the December 2025 Council
meeting and after the public had time to comment on the proposed rule.
The 2026 harvest specifications expire on March 18, 2026. This
action is necessary to timely establish harvest specifications for the
remainder of the 2026 fishing year and for the start of the 2027
fishing year. If these final specifications are not effective by March
18, 2026, then the BSAI groundfish fisheries will be closed until new
[[Page 11799]]
harvest specifications are published and effective. Any delay in
effectiveness would cause a lapse in fishing and substantial harm to
the fishing industry, including vessel owners, captain and crew,
processing facilities, and fishing communities. Therefore, the 30-day
delay is not required pursuant to 5 U.S.C. 553(d)(1).
Pursuant to 5 U.S.C. 553(d)(3), there is sufficient good cause to
establish that a 30-day delay is not required. If these final harvest
specifications are not effective by the start of the 2026 Pacific
halibut season as specified by the IPHC, the fixed gear sablefish
fishery will not begin concurrently with the Pacific halibut IFQ
season. Delayed effectiveness of this action would result in confusion
for sablefish harvesters and economic harm from the unnecessary discard
of sablefish that are caught along with Pacific halibut, as both fixed
gear sablefish and Pacific halibut are managed under the same IFQ
program. This action is necessary to allow the sablefish IFQ fishery to
begin concurrently with the Pacific halibut IFQ season.
Finally, having this rule be effective on March 18, 2026 provides
the fishing industry with the earliest possible opportunity to plan and
conduct its fishing operations with respect to TACs. Changes from the
proposed to final 2026 and 2027 TACs in the BSAI as discussed in the
preamble of this action include an increase in the final AI Pacific cod
TAC than the proposed TAC for 2026 and 2027 and a decrease in the final
Alaska plaice TAC than the proposed TAC for 2026 and 2027. The changes
to TACs between the proposed and final harvest specifications are based
on the most recent scientific, biological, and socioeconomic
information and are consistent with the FMP, regulatory obligations,
and the harvest strategy from the Final EIS and ROD as described in the
proposed and final harvest specifications, including the required OY
range of 1.4 million to 2.0 million mt. Therefore, in accordance with 5
U.S.C. 553(d)(3), NMFS has demonstrated good cause to show that the 30-
day delay requirement does not apply to this rule.
Endangered Species Act (ESA) and Marine Mammal Protection Act (MMPA)
A formal section 7 consultation under the ESA was reinitiated for
the BSAI groundfish fisheries, and a biological opinion is being
prepared. The BSAI groundfish fisheries continue to operate under terms
and conditions implemented in prior biological opinions.
Adverse impacts on marine mammals resulting from fishing activities
conducted under this action are discussed in the Final EIS. Through a
separate action, NMFS has issued a valid MMPA section 101(a)(5)(E)
permit for the incidental, but not intentional, take of ESA-listed
species during commercial fishing operations for the two BSAI
groundfish fisheries identified as a Category II fishery that interact
with ESA-listed species (89 FR 50270, June 13, 2024).
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.
The tables contained in this final rule are provided online and
serve as the plain language guide to assist small entities in complying
with this final rule as required by the Small Business Regulatory
Enforcement Fairness Act of 1996. This final rule's primary purpose is
to announce the final 2026 and 2027 harvest specifications and
prohibited species bycatch allowances for the groundfish fisheries of
the BSAI. This action is necessary to establish harvest limits and
associated management measures for groundfish during the 2026 and 2027
fishing years and to accomplish the goals and objectives of the FMP. It
is taken in accordance with the FMP, the Magnuson-Stevens Act, and
regulations at 50 CFR parts 600, 679, and 680. This action affects all
fishermen who participate in the BSAI fisheries. The specific OFL, ABC,
TAC, and PSC amounts are provided in tables in this final rule to
assist the reader. Affected fishery participants are advised to review
this final rule, including its tables.
Information to assist small entities in complying with this final
rule is provided online. The OFL, ABC, TAC, and PSC tables are
individually available online at: <a href="https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-groundfish-harvest-specifications">https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-groundfish-harvest-specifications</a>.
Explanatory information on the relevant regulations supporting the
harvest specifications is also found in footnotes to the tables.
Harvest specification changes are also available from the same online
source, which includes applicable Federal Register notices, information
bulletins, and other supporting materials. NMFS will announce closures
and openings of directed fishing and other inseason adjustments in the
Federal Register and information bulletins released by the Alaska
Region. Affected fishery participants should keep themselves informed
of such actions. Copies of the tables and/or this final rule are also
available upon request.
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: March 6, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2026-04684 Filed 3-9-26; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on March 10, 2026.
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