Rule2026-19901
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; 2025-2026 Biennial Specifications and Management Measures; Inseason Adjustments; Correction
Primary source
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Published
September 29, 2026
Effective
September 29, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS is taking inseason action to correct its prior omissions in implementing the routine inseason adjustments to management measures in commercial groundfish fisheries published on August 20, 2026. This action revises regulations to include adjusted limited entry and open access sablefish trip limits between 40[deg]10' North latitude (N lat.) and 36[deg] N lat., which were inadvertently omitted.
Full Text
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<title>Federal Register, Volume 91 Issue 187 (Tuesday, September 29, 2026)</title>
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[Federal Register Volume 91, Number 187 (Tuesday, September 29, 2026)]
[Rules and Regulations]
[Pages 61344-61345]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19901]
[[Page 61344]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 660
[Docket No. 241022-0278; RIN 0648-BO14]
Magnuson-Stevens Act Provisions; Fisheries Off West Coast States;
Pacific Coast Groundfish Fishery; 2025-2026 Biennial Specifications and
Management Measures; Inseason Adjustments; Correction
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; inseason adjustments to biennial groundfish
management measures; correction.
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SUMMARY: NMFS is taking inseason action to correct its prior omissions
in implementing the routine inseason adjustments to management measures
in commercial groundfish fisheries published on August 20, 2026. This
action revises regulations to include adjusted limited entry and open
access sablefish trip limits between 40[deg]10' North latitude (N lat.)
and 36[deg] N lat., which were inadvertently omitted.
DATES: This final rule is effective September 29, 2026.
FOR FURTHER INFORMATION CONTACT: Megan Mackey, Fishery Management
Specialist, at 206-526-6140 or <a href="/cdn-cgi/l/email-protection#e8858d8f8986c685898b838d91a886878989c68f879e"><span class="__cf_email__" data-cfemail="ed80888a8c83c3808c8e868894ad83828c8cc38a829b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Need for Inseason Action
NMFS published the final rule to implement harvest specifications
and management measures for the 2025-2026 biennium for most species
managed under the Pacific Coast Groundfish Fishery Management Plan
(Groundfish FMP) on December 16, 2024 (89 FR 101514). That final rule
was effective on January 1, 2025. Since January 2025, the Pacific
Fishery Management Council (Council) has recommended, and NMFS has
implemented, several inseason adjustments to management measures.
The Council recommended an inseason action at its June 2026 meeting
in Spokane, Washington. That action included two inseason adjustments:
(1) an increase in sablefish trip limits in the limited entry (LE) and
open access (OA) sectors north and south of 36[deg] N lat., and (2) a
reduction in vermilion/sunset rockfish sub-trip limits within the shelf
rockfish complex in the LE and OA sectors south of 34[deg]27' N lat.
That inseason action was published in a final rule on August 20, 2026
(91 FR 53737) (August 2026 final rule). After publication of that
August 2026 final rule, NMFS noted the need for corrections to
accurately implement the sablefish trip limits as evaluated by the
Council and approved by NMFS.
Corrections
The August 2026 final rule inadvertently omitted sablefish trip
limits between 40[deg]10' N lat. and 36[deg] N lat. in Table 2b South
to 50 CFR part 660 subpart E and Table 3b South to 50 CFR part 660
subpart F. The limit for ``Sablefish (40[deg]10' N lat.-36[deg] N
lat.)'' in Table 2b South to part 660 subpart E will now read ``7,000
lb/week not to exceed 14,000 lb/2 months.'' rather than the current
incorrect ``5,500 lb/week not to exceed 11,000 lb/2 months.'' The limit
for ``Sablefish (40[deg]10' N lat.-36[deg] N lat.)'' in Table 3b South
to part 660 subpart F will now read ``5,000 lb/week not to exceed
10,000 lb/2 months.'' rather than the current incorrect ``4,000 lb/week
not to exceed 8,000 lb/2 months.'' These corrections accurately reflect
the Council's recommended trip limit increases for LE and OA sablefish
40[deg]10' N lat.-36[deg] N lat., as shown in table 1, which were
intended to be approved by NMFS in the August 20, 2026 final rule (91
FR 53737).
Table 1--New LE and OA Sablefish Trip Limits (40[deg]10' N lat. -36[deg]
N lat.)
------------------------------------------------------------------------
Fishery Area New trip limits
------------------------------------------------------------------------
LE............................ 40[deg]10' N lat. 7,000 lb (3,175 kg)/
-36[deg] N lat. week not to exceed
14,000 lb (6,350 kg)/
2 months.
OA............................ 40[deg]10' N lat. 5,000 lb (2,268 kg)/
-36[deg] N lat. week not to exceed
10,000 lb (4,536 kg)/
2 months.
------------------------------------------------------------------------
Classification
This final rule makes routine inseason adjustments to groundfish
fishery management measures, based on the best scientific information
available, consistent with the Groundfish FMP and its implementing
regulations.
This action is taken under the authority of 50 CFR 660.60(c) and is
exempt from review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), the NMFS Assistant Administrator
for Fisheries (AA) finds there is good cause to waive prior notice and
an opportunity for public comment on this action, as notice and comment
would be unnecessary and contrary to public interest in clear and
accurate regulations. This action corrects inadvertent errors and
implements the original intent of the August 2026 final rule.
Expeditious correction of the errors and clarification is necessary to
prevent confusion among participants in the fishery, which has already
begun. In addition, notice and comment is unnecessary because this
action makes only minor changes to correct inadvertent errors and
routine inseason adjustments related to the final rule implementing
harvest specifications and management measures for the 2025-2026
biennium (89 FR 101514, December 16, 2024). That rule was subject to
notice and comment rulemaking, as well as opportunity for public
comment through the Council development process, including at meetings
in June 2023, September 2023, November 2023, March 2024, April 2024,
and June 2024. These inseason adjustments to trip limits will not
affect the results of analyses conducted to support management
decisions in the Pacific Coast groundfish fishery. The adjustments are
consistent with the public process regarding the regulations and to
accurately implement the 2025-2026 specifications as evaluated by the
Council and approved by NMFS in December 2024, and as intended to be
adjusted by the Council and approved by NMFS through inseason action in
August 2026. Accordingly, the public expects the regulations to be
written as in this inseason rule. No change in operating practices in
the fishery is required.
Similarly, the AA has determined good cause exists to waive the 30-
day delay in effectiveness pursuant to 5 U.S.C. 553(d). The changes in
this action should be effective immediately to prevent further
confusion among participants in the fishery. This notice makes only
minor, routine adjustments to the final rule which was effective
January 1, 2025, consistent with the
[[Page 61345]]
inseason rule which was effective August 20, 2026. Delaying
effectiveness of this action would result in perceived conflicts in the
regulations and confusion among fishery participants.
List of Subjects in 50 CFR Part 660
Fisheries, Fishing, Indian fisheries.
Dated: September 24, 2026.
Shannon Bettridge,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS amends 50 CFR part
660 as follows:
PART 660-FISHERIES OFF WEST COAST STATES
0
1. The authority citation for part 660 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and
16 U.S.C. 7001 et seq.
0
2. Amend table 2b (South) to part 660, subpart E by revising the entry
for ``Sablefish (40[deg]10' N lat.-36[deg] N lat.)'' to read as
follows:
Table 2b (South) to Part 660, Subpart E--Trip Limits for Limited Entry
Non-Trawl South of 40[deg]10' N Lat.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
* * * * *
Sablefish (40[deg]10' N lat.-36[deg] N 7,000 lb/week not to exceed
lat.). 14,000 lb/2 months.
* * * * *
------------------------------------------------------------------------
0
3. Amend table 3b (South) to part 660, subpart F by revising the entry
for ``Sablefish (40[deg]10' N lat.-36[deg] N lat.)'' to read as
follows:
Table 3b (South) to Part 660, Subpart F--Trip Limits for Open Access
South of 40[deg]10' N. lat.
------------------------------------------------------------------------
Species Trip limit
------------------------------------------------------------------------
* * * * *
Sablefish (40[deg]10' N lat.-36[deg] N 5,000 lb/week not to exceed
lat.). 10,000 lb/2 months.
* * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2026-19901 Filed 9-28-26; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on September 29, 2026.
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