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

Issuing agencies

Abstract

NMFS is reallocating the projected unused amount of the 2026 Atka mackerel incidental catch allowance (ICA) for the Bering Sea subarea and Eastern Aleutian district (BS/EAI) to the Amendment 80 cooperative allocation for the BS/EAI in the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to allow the 2026 total allowable catch (TAC) of Atka mackerel in the BS/EAI to be fully harvested.

Full Text

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<title>Federal Register, Volume 91 Issue 199 (Friday, October 16, 2026)</title>
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[Federal Register Volume 91, Number 199 (Friday, October 16, 2026)]
[Rules and Regulations]
[Pages 65694-65696]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21239]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 260305-0066; RTID 0648-XG001]


Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation 
of Atka Mackerel 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 amount of the 2026 
Atka mackerel incidental catch allowance (ICA) for the Bering Sea 
subarea and Eastern Aleutian district (BS/EAI) to the Amendment 80 
cooperative allocation for the BS/EAI in the Bering Sea and Aleutian 
Islands management area (BSAI). This action is necessary to allow the 
2026 total allowable catch (TAC) of Atka mackerel in the BS/EAI to be 
fully harvested.

DATES: Effective October 16, 2026 through 2400 hours, A.l.t., December 
31, 2026.

FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the

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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 Atka mackerel ICA for the BSAI trawl limited access sector 
and the non-trawl gear sector for the BS/EAI is 800 metric tons (mt) 
and the 2026 Atka mackerel TAC allocated to the Amendment 80 sector for 
the BS/EAI is 32,819 mt as established by the final 2026 and 2027 
harvest specifications for groundfish in the BSAI (91 FR 11750, March 
10, 2026). For 2026, all Amendment 80 vessels are part of the sole 
Amendment 80 cooperative, so the TAC allocated to the Amendment 80 
sector is allocated entirely to the sole Amendment 80 cooperative and 
no TAC is assigned to the Amendment 80 limited access fishery.
    The Regional Administrator, Alaska Region, NMFS has determined that 
700 mt of the Atka mackerel ICA for the BS/EAI will not be harvested. 
Therefore, in accordance with Sec.  679.91(f), NMFS reallocates 700 mt 
of Atka mackerel from the BS/EAI ICA to the BS/EAI Amendment 80 
cooperative allocation in the BS/EAI. In accordance with Sec.  
679.91(f), NMFS will reissue the cooperative quota permit for the 
reallocated Atka mackerel following the procedures set forth in Sec.  
679.91(f)(3).
    The harvest specifications for Atka mackerel included in the final 
2026 and 2027 harvest specifications for groundfish in the BSAI (91 FR 
11750, March 10, 2026) are revised as follows: 100 mt of Atka mackerel 
for the BS/EAI ICA and 33,519 mt of Atka mackerel for the Amendment 80 
cooperative allocation for the BS/EAI. Table 7 is revised and 
republished in its entirety as follows:

  Table 7--Final 2026 Seasonal and Area Allowances, CDQ Reserve, Incidental Catch Allowances, Gear Shares, and
       BSAI Trawl Limited Access Sector and Amendment 80 Sector Allocations of the BSAI Atka Mackerel TAC
                                 [Values are rounded to the nearest metric ton]
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                                                       Eastern Aleutian
           Sector \1\                Season 2 3 4       District/Bering    Central Aleutian    Western Aleutian
                                                              Sea            District \5\        District \5\
----------------------------------------------------------------------------------------------------------------
TAC.............................  Total.............              41,731              23,716              17,494
CDQ reserve.....................  Total.............               4,465               2,538               1,872
                                  A.................               2,233               1,269                 936
                                  Critical Habitat..                 n/a                 761                 562
                                  B.................               2,233               1,269                 936
                                  Critical Habitat..                 n/a                 761                 562
non-CDQ TAC.....................  Total.............              37,266              21,178              15,622
ICA.............................  Total.............                 100                 100                  20
Jig \6\.........................  Total.............                   0                 n/a                 n/a
BSAI trawl limited access.......  Total.............               3,647               2,108                 n/a
                                  A.................               1,823               1,054                 n/a
                                  Critical Habitat..                 n/a                 632                 n/a
                                  B.................               1,823               1,054                 n/a
                                  Critical Habitat..                 n/a                 632                 n/a
Amendment 80....................  Total.............              33,519              18,970              15,602
                                  A.................              16,760               9,485               7,801
                                  Critical Habitat..                 n/a               5,691               4,681
                                  B.................              16,760               9,485               7,801
                                  Critical Habitat..                 n/a               5,691               4,681
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector apportionments may not total precisely due to rounding. The 2026 harvest specifications
  for Atka mackerel are effective from 1200 hours, A.l.t., March 18, 2026, through 2400 hours, A.l.t., December
  31, 2026.
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and the
  jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
  Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in table 33 to 50 CFR
  part 679 and Sec.   679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (Sec.
  679.20(b)(1)(ii)(C)).
\2\ Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
  fishery.
\3\ The seasonal allowances of Atka mackerel for the CDQ reserve, BSAI trawl limited access sector, and
  Amendment 80 sector are 50 percent in the A season and 50 percent in the B season.
\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
  January 20 through June 10, and the B season from June 10 through December 31.
\5\ Section 679.20(a)(8)(ii)(C)(1)(i) limits Atka mackerel catch within waters 0 nautical miles (nmi) to 20 nmi
  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; Sec.   679.20(a)(8)(ii)(C)(1)(ii) equally
  divides the Atka mackerel catch between the A and B seasons as defined at Sec.   679.23(e)(3); and Sec.
  679.20(a)(8)(ii)(C)(2) requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\6\ Section 679.20(a)(8)(i) requires that up to 2 percent of the EAI District and BS subarea TAC be allocated to
  jig gear after subtraction of the CDQ reserve and ICA. The jig gear allocation is not apportioned by season.
  NMFS sets the amount of this allocation for 2026 at 0 percent.

    The Regional Administrator considered the following factors in 
reaching this decision: (1) the current catch of the Atka mackerel ICA 
in the BS/EAI, and (2) the harvest capacity and stated intent on future 
harvesting patterns of the Amendment 80 cooperative that participates 
in this BS/EAI fishery.

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

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the public interest, as it would prevent NMFS from responding to the 
most recent fisheries data on Atka mackerel catch in the BS/EAI in a 
timely fashion and would not allow for the full harvest of the Atka 
mackerel TAC in the BS/EAI fishery by the sector with harvesting 
capacity. NMFS was unable to publish a notice providing time for public 
comment because the most recent, relevant data on the catch of Atka 
mackerel in the BS/EAI only became available as of October 12, 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.

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

    Dated: October 14, 2026.
Shannon Bettridge,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2026-21239 Filed 10-15-26; 8:45 am]
BILLING CODE 3510-22-P


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