Rule2026-20019
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish Reserves in the Bering Sea and Aleutian Islands Management Area
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 30, 2026
Effective
October 30, 2026
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS apportions amounts of the non-specified reserve to the initial total allowable catch (ITAC) of Bering Sea (BS) Pacific ocean perch, Bering Sea and Aleutian Islands (BSAI) northern rockfish, and BSAI "other flatfish." This action is necessary to allow the fisheries to continue operating. It is intended to promote the goals and objectives of the fishery management plan for the BSAI management area.
Full Text
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<title>Federal Register, Volume 91 Issue 188 (Wednesday, September 30, 2026)</title>
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[Federal Register Volume 91, Number 188 (Wednesday, September 30, 2026)]
[Rules and Regulations]
[Pages 61795-61796]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20019]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 260305-0066; RTID 0648-XF997]
Fisheries of the Exclusive Economic Zone Off Alaska; Groundfish
Reserves 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; apportionment of reserves; request for
comments.
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SUMMARY: NMFS apportions amounts of the non-specified reserve to the
initial total allowable catch (ITAC) of Bering Sea (BS) Pacific ocean
perch, Bering Sea and Aleutian Islands (BSAI) northern rockfish, and
BSAI ``other flatfish.'' This action is necessary to allow the
fisheries to continue operating. It is intended to promote the goals
and objectives of the fishery management plan for the BSAI management
area.
DATES: Effective October 30, 2026, through 2400 hours, Alaska local
time, December 31, 2026. Comments must be received at the following
address no later than 4:30 p.m., Alaska local time, October 15, 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. Visit <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
type 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
[[Page 61796]]
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: Steve Whitney, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the
BSAI exclusive economic zone according to the Fishery Management Plan
for Groundfish of the BSAI 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 50 CFR part 679 and
subpart H of 50 CFR part 600.
The 2026 ITAC of BS Pacific ocean perch was established as 8,419
metric tons (mt), the 2026 ITAC of BSAI northern rockfish was
established as 10,200 mt, and the ITAC of BSAI ``other flatfish'' was
established as 3,825 mt by the final 2026 and 2027 harvest
specifications for groundfish in the BSAI (91 FR 11750, March 10,
2026). In the final 2026 and 2027 harvest specifications for groundfish
in the BSAI, NMFS specified 15 percent of the total allowable catches
(TACs) for each target species (except for pollock, fixed gear
allocation of sablefish, and Amendment 80 species) in a nonspecified
reserve, as required by Sec. 679.20(b)(1)(i) (91 FR 11750, March 10,
2026). During a fishing year, NMFS may apportion any amount of that
reserve to a target species that contributed to the reserve if the
apportionments are consistent with Sec. 679.20(a)(3) and do not result
in overfishing (Sec. 679.20(b)(1)(i)).
In accordance with Sec. 679.20(a)(3) and (b)(1)(i), the Regional
Administrator, Alaska Region, NMFS has reviewed the most current
available data and finds that the ITACs for BS Pacific ocean perch,
BSAI northern rockfish, and BSAI ``other flatfish'' need to be
supplemented from the non-specified reserve. This apportionment will
promote efficiency in the utilization of fishery resources in the BSAI
and allow fishing operations to continue.
Therefore, in accordance with Sec. 679.20(b)(3), NMFS apportions
from the non-specified reserve of groundfish to ITACs in the BSAI
management area as follows: 1,486 mt to BS Pacific ocean perch, 1,800
mt to BSAI northern rockfish, and 675 mt to BSAI ``other flatfish.''
These apportionments are authorized by Sec. 679.20(b)(1)(i) and
consistent with Sec. 679.20(a)(3) and do not result in overfishing of
any target species because the revised ITACs and TACs are equal to or
less than the specifications of the acceptable biological catch in the
final 2026 and 2027 harvest specifications for groundfish in the BSAI
(91 FR 11750, March 10, 2026).
The harvest specifications for the 2026 ITACs and TACs included in
the final 2026 and 2027 harvest specifications for groundfish in the
BSAI are revised as follows: 9,905 mt for BS Pacific ocean perch,
12,000 mt for BSAI northern rockfish, and 4,500 mt for BSAI ``other
flatfish.''
Classification
NMFS issues this action pursuant to section 305(d) of the Magnuson-
Stevens Act. This action is authorized by 50 CFR part 679, which was
issued pursuant to section 304(b) of the Magnuson-Stevens Act, and is
exempt from review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior
notice and an opportunity for public comment on this action, as notice
and comment would be impracticable and contrary to the public interest,
as it would prevent NMFS from responding to the most recent fisheries
data in a timely fashion and would delay the apportionment of the non-
specified reserve of groundfish to BS Pacific ocean perch, BSAI
northern rockfish, and BSAI ``other flatfish.'' This action is
necessary for the efficient utilization of fishery resources in the
BSAI and to allow the fisheries harvesting these groundfish to continue
operating. NMFS was unable to publish a prior notice providing time for
public comment because the most recent, relevant data on catch of BS
Pacific ocean perch, BSAI northern rockfish, and BSAI ``other
flatfish'' only became available as of September 22, 2026. Finally,
NMFS provided notice and an opportunity for public comment on the
proposed 2026 and 2027 harvest specifications for groundfish in the
BSAI that included the amount of the proposed non-specified reserve
from which NMFS can apportion to any target species that contributed to
that reserve (90 FR 58204, December 16, 2025). The final 2026 and 2027
harvest specifications for groundfish in the BSAI explained that,
during the fishing year, any amount of the non-specified reserve may be
apportioned by NMFS to a target species that contributed to the non-
specified reserve consistent with Sec. 679.20(b)(1)(i) (91 FR 11750,
March 10, 2026).
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in the effective date of this action. This finding is based upon
the reasons provided above for waiver of prior notice and opportunity
for public comment.
Under Sec. 679.20(b)(3)(iii), interested persons are invited to
submit written comments on this action (see ADDRESSES section) until
October 15, 2026.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 25, 2026.
Shannon Bettridge,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2026-20019 Filed 9-29-26; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on September 30, 2026.
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