Fisheries of the Exclusive Economic Zone Off Alaska; Application for an Exempted Fishing Permit

Issuing agencies

Abstract

This notice announces NMFS' receipt of an application from SeaShare, Inc. and Glacier Fish Co. and the public comment period for an exempted fishing permit (EFP). If issued, this permit would allow the applicants to retain Pacific halibut up to a poundage limit and donate it through the Prohibited Species Donation (PSD) Program, after Pacific halibut deck sorting and after sampling by a fisheries observer. This EFP would exempt one catcher/processor vessel from complying with regulations that prohibit the retention of Pacific halibut and donation of Pacific halibut prohibited species. The EFP would place a poundage limit on the allowable retention of Pacific halibut. Effective dates of the EFP would be from May 1, 2027, to December 31, 2028. This experiment would allow retention of Pacific halibut to test an additional way to donate dead Pacific halibut to hunger relief causes that would otherwise be discarded at sea. If successful, this would promote the food-supply and conservation objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act).

Full Text

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<title>Federal Register, Volume 91 Issue 189 (Thursday, October 1, 2026)</title>
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[Federal Register Volume 91, Number 189 (Thursday, October 1, 2026)]
[Notices]
[Pages 62500-62501]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20125]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XG047]


Fisheries of the Exclusive Economic Zone Off Alaska; Application 
for an Exempted Fishing Permit

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

ACTION: Notice; receipt of application for exempted fishing permit.

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SUMMARY: This notice announces NMFS' receipt of an application from 
SeaShare, Inc. and Glacier Fish Co. and the public comment period for 
an exempted fishing permit (EFP). If issued, this permit would allow 
the applicants to retain Pacific halibut up to a poundage limit and 
donate it through the Prohibited Species Donation (PSD) Program, after 
Pacific halibut deck sorting and after sampling by a fisheries 
observer. This EFP would exempt one catcher/processor vessel from 
complying with regulations that prohibit the retention of Pacific 
halibut and donation of Pacific halibut prohibited species. The EFP 
would place a poundage limit on the allowable retention of Pacific 
halibut. Effective dates of the EFP would be from May 1, 2027, to 
December 31, 2028. This experiment would allow retention of Pacific 
halibut to test an additional way to donate dead Pacific halibut to 
hunger relief causes that would otherwise be discarded at sea. If 
successful, this would promote the food-supply and conservation 
objectives of the Magnuson-Stevens Fishery Conservation and Management 
Act (Magnuson-Stevens Act).

DATES: Comments on this EFP application must be submitted to NMFS on or 
before October 16, 2026. The North Pacific Fishery Management Council 
(Council) will consider the application at its meeting from October 5 
through 13, 2026.

ADDRESSES: The Council meeting will be held in Anchorage, Alaska. The 
agenda for the Council meeting is available at <a href="http://www.npfmc.org">http://www.npfmc.org</a>. In 
addition to submitting public comments during the Council meeting 
through the Council website, you may submit comments on this document, 
identified by NOAA-NMFS-2026-2641, by any of the following methods:
    <bullet> 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-2026-2641 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
    <bullet> Mail: Submit written comments to Gretchen Harrington, 
Assistant Regional Administrator, Sustainable Fisheries Division, 
Alaska Region NMFS, Attn: Records Office. 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), 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).
    Electronic copies of the EFP application and the basis for a 
categorical exclusion under the National Environmental Policy Act are 
available from <a href="https://www.regulations.gov">https://www.regulations.gov</a> or from the NMFS Alaska 
Region website at <a href="https://www.fisheries.noaa.gov/region/alaska">https://www.fisheries.noaa.gov/region/alaska</a>.

FOR FURTHER INFORMATION CONTACT: Maggie Chan, (907) 243-0669 or 
<a href="/cdn-cgi/l/email-protection#dc91bdbbbbb5b9f2bfb4bdb29cb2b3bdbdf2bbb3aa"><span class="__cf_email__" data-cfemail="c18ca0a6a6a8a4efa2a9a0af81afaea0a0efa6aeb7">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the 
exclusive economic zone of the Bering Sea and Aleutian Islands 
Management Area (BSAI) under the Fishery Management Plan (FMP) for 
Groundfish of the BSAI (BSAI FMP). The Council prepared the BSAI FMP 
under the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. 
Regulations governing the BSAI groundfish fisheries appear at 50 CFR 
parts 600 and 679. The FMP and the EFP-implementing regulations at 
Sec. Sec.  600.745(b) and 679.6 allow the NMFS Regional Administrator 
to authorize, for limited experimental purposes, fishing that would 
otherwise be prohibited. Under the Magnuson-Stevens Act, fishing is 
defined to include, among other things, ``the catching, taking, or 
harvesting of fish.''

[[Page 62501]]

16 U.S.C. 1802(16)(A). Procedures for issuing EFPs are contained in the 
implementing regulations.

Background and Need for Exempted Fishing Permit

    Current regulations prohibit trawl catcher/processor vessels from 
retaining and donating Pacific halibut under the PSD Program. In the 
Bering Sea trawl limited access (TLAS) yellowfin sole fishery, 
incidentally caught Pacific halibut are sorted on deck and then 
discarded at sea, following regulations for the Pacific halibut deck 
sorting program at Sec.  679.102. Pacific halibut that are unable to be 
sorted and discarded on deck within the time limits indicated on the 
Observer Sampling Station Inspection Report are then sorted in the 
vessel's factory and provided to the fisheries observer for sampling 
before they are discarded at sea, as required by regulations.
    This EFP proposes to allow a portion of the Pacific halibut that 
remain in the catch, after Pacific halibut deck sorting and after 
sampling by a fisheries observer, to be retained, processed, and 
donated through the PSD Program, instead of being discarded at sea as 
required by regulation. Regulatory exemptions are requested, as 
described below, to allow the proposed EFP to test the logistical and 
operational requirements required for the donation of Pacific halibut 
for hunger relief purposes from one trawl catcher/processor vessel.

Exempted Fishing Permit

    On August 21, 2026, Ms. Hannah Lindoff with SeaShare, Inc. and Mr. 
Glenn Merrill with Glacier Fish Co. submitted an application for an EFP 
to test the operational and logistical requirements needed for one 
trawl catcher/processor to donate Pacific halibut under the PSD 
Program. The proposed EFP aims to test donation of Pacific halibut on 
one trawl catcher/processor vessel in the TLAS yellowfin sole fishery 
in the Bering Sea. Gear and fishing operations will be conducted in 
compliance with current management regulations subject to exemptions 
under the EFP.
    The EFP applicants requested to retain and donate a maximum of 
5,000 net pounds of headed and gutted Pacific halibut, or 3.0 metric 
tons of round weight equivalent, to the PSD Program for hunger relief 
purposes through SeaShare, Inc, a NMFS-authorized distributor under the 
PSD program. The proposed EFP does not seek any exemptions from 
existing Pacific halibut Prohibited Species Catch limits established by 
regulation, nor from applicable requirements for Pacific halibut deck 
sorting. Those limits and requirements would continue to apply. The 
proposed EFP also does not seek any changes in catch monitoring or 
catch accounting.

Exemption

    To meet the proposed EFP's objective, two exemptions to Alaska 
Region regulations are necessary:
    <bullet> 50 CFR 679.21(a)(2)(ii), which prohibits the retention of 
prohibited species catch. If granted, the exemption would allow one 
trawl catcher/processor vessel to retain, for donation only, up to 
5,000 net pounds, or 3.0 mt round weight equivalent, of headed and 
gutted Pacific halibut.
    <bullet> 50 CFR 679.26(a)(2), which allows the donation of Pacific 
halibut delivered by catcher vessels using trawl gear to shoreside 
processors and stationary floating processors, thereby prohibiting a 
catcher/processor vessel from participating in the PSD program.

Permit Conditions, Review, and Effects

    If issued, the EFP vessel will comply with observer requirements at 
Sec.  679.50, deck sorting requirements at Sec.  679.102, and PSD 
Program requirements at Sec.  679.26. The EFP vessel will work with 
NMFS on necessary communication and monitoring protocols.
    If issued, the EFP would contain several conditions. Within 6 
months of the end of EFP fishing, the applicant would be required to 
submit to NMFS a final report that describes how well EFP objectives 
were accomplished, including any problems and successes, total amount 
of retained Pacific halibut, and total amount of donated Pacific 
halibut during the EFP. The Alaska Fisheries Science Center (AFSC) 
reviewed a draft EFP application that was submitted on August 21, 2026. 
The AFSC determined that the scientific design is valid and provided 
minor comments. All AFSC feedback has been incorporated in the final 
EFP application submitted to NMFS on September 15, 2026.
    The activities that would be conducted under this EFP are limited 
in size, magnitude, and duration with no potential for significant 
individual or cumulative impacts, as detailed in the draft categorical 
exclusion for this action (see ADDRESSES).
    In accordance with Sec. Sec.  679.6 and 600.745, NMFS has 
determined that the application warrants further consideration and has 
forwarded the application to the Council to initiate consultation. The 
Council is scheduled to consider the EFP application during its October 
2026 meeting, which will be held in Anchorage, Alaska. The applicants 
have been invited to speak in support of the application.

Public Comments

    Interested persons may comment on the application during the 
October 2026 Council meeting during public testimony. Information 
regarding the meeting is available at the Council's website at <a href="http://www.npfmc.org">http://www.npfmc.org</a>. Comments may also be submitted directly to NMFS (see 
ADDRESSES) by the end of the comment period (see DATES). Copies of the 
application and categorical exclusion are available for review from 
NMFS (see ADDRESSES).

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

    Dated: September 28, 2026.
Shannon Bettridge,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2026-20125 Filed 9-30-26; 8:45 am]
BILLING CODE 3510-22-P


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