Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

Issuing agencies

Abstract

NMFS is reallocating the projected unused amounts of Pacific cod from vessels using jig gear and catcher vessels greater than or equal to 60 feet (18.3 meters (m)) length overall (LOA) using hook-and- line gear to catcher vessels less than 60 feet (18.3 m) LOA using hook- and-line or pot gear and is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2026 total allowable catch (TAC) of Pacific cod to be harvested.

Full Text

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<title>Federal Register, Volume 91 Issue 166 (Friday, August 28, 2026)</title>
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[Federal Register Volume 91, Number 166 (Friday, August 28, 2026)]
[Rules and Regulations]
[Pages 55499-55500]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17616]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 260305-0066; RTID 0648-XF883]


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Pacific Cod in the Bering Sea and Aleutian Islands Management Area

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; reallocation.

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SUMMARY: NMFS is reallocating the projected unused amounts of Pacific 
cod from vessels using jig gear and catcher vessels greater than or 
equal to 60 feet (18.3 meters (m)) length overall (LOA) using hook-and-
line gear to catcher vessels less than 60 feet (18.3 m) LOA using hook-
and-line or pot gear and is opening directed fishing for Pacific cod by 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear in the Bering Sea and Aleutian Islands management area (BSAI). 
This action is necessary to allow the 2026 total allowable catch (TAC) 
of Pacific cod to be harvested.

DATES: Effective 1200 hours, Alaska local time (A.l.t.), September 1, 
2026, through 2400 hours, A.l.t., December 31, 2026. Comments must be 
received at the following address no later than 4:30 p.m., A.l.t., 
September 14, 2026.

ADDRESSES: You may submit comments on this document, identified by 
docket number NOAA-NMFS-2025-1098, by any of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and 
enter NOAA-NMFS-2025-1098 in the Search box. Click on the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Mail: Submit written comments to Gretchen Harrington, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
<a href="https://www.regulations.gov">https://www.regulations.gov</a> without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Andrew Olson, 907-206-5813.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the 
BSAI according to the Fishery Management Plan for Groundfish of the 
Bering Sea and Aleutian Islands Management Area (FMP) prepared and 
recommended by the North Pacific Fishery Management Council under 
authority of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act). Regulations governing fishing by U.S. 
vessels in accordance with the FMP appear at subpart H of 50 CFR part 
600 and 50 CFR part 679.
    The 2026 Pacific cod TAC specified for vessels using jig gear in 
the BSAI is 721 mt as established by the final 2026 and 2027 harvest 
specifications for groundfish in the BSAI (91 FR 11750, March 10, 2026) 
and reallocation (91 FR 16583, April 2, 2026).
    The 2026 Pacific cod TAC specified for catcher vessels greater than 
or equal to 60 feet (18.3 m) LOA using hook-and-line gear in the BSAI 
is 234 mt as established by the final 2026 and 2027 harvest 
specifications for groundfish in the BSAI (91 FR 11750, March 10, 
2026).
    The 2026 Pacific cod TAC specified for catcher vessels less than 60 
feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI is 3,272 
mt as established by the final 2026 and 2027 harvest specifications for 
groundfish in the BSAI (91 FR 11750, March 10, 2026) and reallocation 
(91 FR 16583, April 2, 2026). NMFS closed directed fishing for Pacific 
cod by catcher vessels less than 60 feet (18.3 m) LOA using hook-and-
line or pot gear in the BSAI under Sec.  679.20(d)(1)(iii) effective 
February 3, 2026 (91 FR 5244, February 5, 2026).
    The Regional Administrator, Alaska Region, NMFS (Regional 
Administrator) has determined that jig vessels will not be able to 
harvest 711 mt of the 2026 Pacific cod TAC allocated to those vessels 
under Sec.  679.20(a)(7)(ii)(A)(1) and catcher vessels greater than or 
equal to 60 feet (18.3 m) LOA using hook-and-line gear will not be able 
to harvest 224 mt of the 2026 Pacific cod TAC allocated to those 
vessels under Sec.  679.20(a)(7)(ii)(A)(3).
    Therefore, in accordance with Sec.  679.20(a)(7)(iii)(A) and 
(a)(7)(iv)(C), NMFS reallocates 711 mt of Pacific cod from the jig 
vessels to the annual amount specified for catcher vessels less than 60 
feet (18.3 m) LOA using hook-and-line or pot gear, and in accordance 
with Sec.  679.20(a)(7)(iii)(A), NMFS reallocates 224 mt of Pacific cod 
from the catcher vessels greater than or equal to 60 feet (18.3 m) LOA 
using hook-and-line gear to the annual amount specified for catcher 
vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear.
    The harvest specifications for 2026 Pacific cod included in final 
2026 and 2027 harvest specifications for groundfish in the BSAI (91 FR 
11750, March 10, 2026) and reallocation (91 FR 16583, April 2, 2026) 
are revised as follows: 10 mt to vessels using jig gear, 10 mt to 
catcher vessels greater than or equal to 60 feet (18.3 m) LOA using 
hook-and-line gear, and 4,207 mt to catcher vessels less than 60 feet 
(18.3 m) LOA using hook-and-line or pot gear.
    As a result of the reallocation of Pacific cod to catcher vessel 
less than 60 feet (18.3 m) LOA using hook-and-line or pot gear, NMFS 
has determined that as of August 25, 2026, approximately 422 mt of 
Pacific cod remain in the 2026 Pacific cod allocation for catcher 
vessel less than 60 feet (18.3 m) LOA using hook-and-line or pot gear 
in the BSAI.

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Therefore, in accordance with Sec.  679.25(a)(1)(i), (a)(2)(i)(C), and 
(a)(2)(iii)(D), NMFS is terminating the previous closure to prevent the 
underharvest of TAC and is opening directed fishing for Pacific cod by 
catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or 
pot gear in the BSAI to allow for the full use of the available Pacific 
cod TAC in the BSAI. The Regional Administrator considered the 
following factors in reaching this decision: (1) the current catch of 
Pacific cod, including by catcher vessels less than 60 feet (18.3 m) 
LOA using hook-and-line or pot gear in the BSAI; (2) the harvest 
capacity and stated intent on future harvesting patterns of vessels 
participating in this fishery; and (3) the remaining Pacific cod TAC 
available for harvest in the fishing year.

Classification

    NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 679, which was 
issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is 
exempt from review under Executive Order 12866.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and an opportunity for public comment on this action, as notice 
and comment would be impracticable and contrary to the public interest. 
This requirement is impracticable and contrary to the public interest 
as it would prevent NMFS from responding to the most recent fisheries 
data on Pacific cod catch in a timely fashion, would delay the opening 
of directed fishing for Pacific cod by catcher vessels less than 60 
feet (18.3 m) LOA using hook-and-line or pot gear, and would not allow 
for the full harvest of the Pacific cod TACs by the sector with 
harvesting capability in the BSAI. NMFS was unable to publish a notice 
providing time for public comment because the most recent, relevant 
data for Pacific cod catch by those sectors harvesting Pacific cod in 
the BSAI, as well as the potential capability to harvest reallocated 
Pacific cod this fall, only became available as of August 25, 2026.
    There is good cause under 5 U.S.C. 553(d)(3) to establish an 
effective date less than 30 days after date of publication. This 
finding is based upon the reasons provided above for waiver of prior 
notice and opportunity for public comment.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: August 26, 2026.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2026-17616 Filed 8-27-26; 8:45 am]
BILLING CODE 3510-22-P


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