Fisheries of the Exclusive Economic Zone Off Alaska; Modify Groundfish Season Timing in the Bering Sea and Aleutian Islands and Gulf of Alaska Groundfish Fisheries

Issuing agencies

Abstract

NMFS proposes two technical revisions to regulations for the opening and closing times of groundfish fisheries in the Bering Sea and Aleutian Islands (BSAI) and Gulf of Alaska (GOA) management areas. First, this proposed rule would authorize NMFS to determine the opening and closing times for the sablefish Individual Fishing Quota (IFQ) and Community Development Quota (CDQ) fishing season, taking into consideration the halibut IFQ/CDQ season set by the International Pacific Halibut Commission (IPHC). Second, this proposed rule would allow NMFS flexibility to change the time of day for closing a groundfish fishery. This proposed rule is necessary to minimize regulatory discards, reduce uncertainty for fishery participants, and enable fuller utilization and more precise limitation of allowable harvest. This action is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson- Stevens Act), the Fishery Management Plan for the Groundfish of the BSAI Management Area (BSAI FMP) and the Fishery Management Plan for the Groundfish Fisheries of the GOA (GOA FMP), and other applicable laws.

Full Text

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<title>Federal Register, Volume 91 Issue 202 (Wednesday, October 21, 2026)</title>
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[Federal Register Volume 91, Number 202 (Wednesday, October 21, 2026)]
[Proposed Rules]
[Pages 66541-66544]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21507]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 261015-0010]
RIN 0648-BO22


Fisheries of the Exclusive Economic Zone Off Alaska; Modify 
Groundfish Season Timing in the Bering Sea and Aleutian Islands and 
Gulf of Alaska Groundfish Fisheries

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes two technical revisions to regulations for the 
opening and closing times of groundfish fisheries in the Bering Sea and 
Aleutian Islands (BSAI) and Gulf of Alaska (GOA) management areas. 
First, this proposed rule would authorize NMFS to determine the opening 
and closing times for the sablefish Individual Fishing Quota (IFQ) and 
Community Development Quota (CDQ) fishing season, taking into 
consideration the halibut IFQ/CDQ season set by the International 
Pacific Halibut Commission (IPHC). Second, this proposed rule would 
allow NMFS flexibility to change the time of day for closing a 
groundfish fishery. This proposed rule is necessary to minimize 
regulatory discards, reduce uncertainty for fishery participants, and 
enable fuller utilization and more precise limitation of allowable 
harvest. This action is intended to promote the goals and objectives of 
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), the Fishery Management Plan for the Groundfish of the 
BSAI Management Area (BSAI FMP) and the Fishery Management Plan for the 
Groundfish Fisheries of the GOA (GOA FMP), and other applicable laws.

DATES: Submit comments on or before November 20, 2026.

ADDRESSES: A plain language summary of this proposed rule is available 
at <a href="https://www.regulations.gov/docket/NOAA-NMFS-2026-1948">https://www.regulations.gov/docket/NOAA-NMFS-2026-1948</a>. You may 
submit comments on this document, identified by NOAA-NMFS-2026-1948, by 
either 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-2026-1948 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. 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 draft Regulatory Impact Review (referred 
to as the ``Analysis'') and Categorical Exclusion (CE) prepared for 
this action are available from <a href="https://www.regulations.gov">https://www.regulations.gov</a> with a 
search for 0648-BO22 or from the NMFS Rules and Regulation website at 
<a href="https://www.fisheries.noaa.gov/rules-and-regulations/fisheries">https://www.fisheries.noaa.gov/rules-and-regulations/fisheries</a>.

FOR FURTHER INFORMATION CONTACT: Molly Zaleski, 907-586-7228, 
<a href="/cdn-cgi/l/email-protection#f5989a99998cdb8f949990869e9cb59b9a9494db929a83"><span class="__cf_email__" data-cfemail="395456555540174358555c4a52507957565858175e564f">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Authority for Action

    NMFS manages the groundfish fisheries in the Exclusive Economic 
Zone (EEZ) under the BSAI FMP and GOA FMP. The North Pacific Fishery 
Management Council (Council) prepared and recommended these FMPs under 
the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. 
Regulations governing U.S. fisheries and implementing the BSAI and GOA 
FMPs appear at 50 CFR parts 600 and 679. This action is necessary to 
effectively carry out section 3.5.1 (Fishing Seasons) of both the BSAI 
FMP and GOA FMP, which defines when harvesting groundfish is permitted. 
That section of both FMPs states that the Secretary of Commerce will 
establish all fishing seasons by regulations that implement the FMPs to 
accomplish the goals and objectives of the FMPs, the Magnuson-Stevens 
Act, and other applicable laws.

Background

    Section 3.5.1 (Fishing Seasons) of the BSAI and GOA FMPs defines 
the

[[Page 66542]]

periods when harvesting groundfish is permitted, the criteria the 
Council uses for recommending regulatory changes to fishing seasons, 
and the responsibility of the Secretary of Commerce for establishing 
fishing season by regulations to accomplish the goals and objectives of 
the FMPs. Groundfish seasons are specified at 50 CFR 679.23 and the 
authority to implement fishery closures is specified at Sec.  
679.20(d). A more detailed description of the background information 
and need for this proposed rule is provided in the Analysis prepared 
for this action (see ADDRESSES).

Sablefish and Halibut IFQ/CDQ Season Timing

    Pacific halibut and sablefish fisheries off Alaska are managed 
under different statutory authorities, but harvest for both species 
often occurs at the same time. Pacific halibut fisheries in and off 
Alaska are managed under the authority of the Northern Pacific Halibut 
Act of 1982 (Halibut Act), which domestically implements an 
international agreement between the United States and Canada with 
annual allocations to each country set by the IPHC. The IPHC annually 
recommends management regulations that are subject to approval by the 
Secretary of State with the concurrence of the Secretary of Commerce, 
and NMFS then publishes the management measures as regulations on 
behalf of the IPHC. In contrast, sablefish fisheries in the EEZ off 
Alaska are managed under the authority of the Magnuson-Stevens Act. 
Although implemented under different authorities, the directed fixed 
gear commercial sablefish and halibut fisheries in Alaska are managed 
under the Halibut and Sablefish IFQ Program and the CDQ Program 
codified at 50 CFR part 679. Because many fishery participants hold 
halibut IFQ and sablefish IFQ and fish both simultaneously, they have 
benefited from aligned season timing.
    Historically, the IPHC has set the time of day for the opening and 
closing of the halibut commercial fishing period as 1200 hours, Alaska 
local time (A.l.t.), which aligned with the time for the groundfish 
openings and closures, which includes the sablefish IFQ/CDQ fishing 
season, that is set in regulation. However, in 2024 the IPHC changed 
the opening of the halibut season to 0600 hours, A.l.t., and closing to 
2359 hours, A.l.t., in response to requests from fishery participants 
(89 FR 19275, 18 March 2024). While the Regional Administrator, Alaska 
Region, NMFS (Regional Administrator) can set the sablefish IFQ/CDQ 
fishing season dates to align with the commercial halibut IFQ/CDQ 
fishery for the purposes of reducing bycatch and regulatory discards 
between the two fisheries (Sec.  679.23(g)), current regulations direct 
that the opening and closing time for groundfish, including sablefish, 
must be 1200 hours, A.l.t. (Sec.  679.23(b)).
    Vessel operators targeting halibut are frequently also targeting 
and catching sablefish as recognized in the language of Sec.  
679.23(g), such that the two fisheries can benefit from shared opening 
and closing times. A mismatch in opening and closing times for the 
sablefish and halibut IFQ/CDQ fisheries can lead to an increase in 
sablefish discards. Under current regulation at Sec.  679.20(e), 
sablefish that are caught in the halibut fishery before 1200 hours, 
A.l.t., of the opening day or after 1200 hours, A.l.t., of the closing 
day cannot be retained over the maximum retainable amount (MRA) because 
they are counted as incidental catch. This requires sablefish and 
halibut IFQ/CDQ harvesters to either delay setting gear for halibut or 
discard sablefish caught in excess of the MRA for the first 6 hours of 
the halibut season and the last 12 hours of the halibut season.

Groundfish Closure Timing

    Current regulations require the time for all openings and closures 
of groundfish fishing seasons, other than the beginning and end of the 
calendar fishing year, be set at 1200 hours, A.l.t. (Sec.  679.23(b)). 
If the Regional Administrator determines that a groundfish fishery 
opening or closure is warranted under Sec.  679.20(d), NMFS announces 
the opening or closure in the Federal Register. Although NMFS specifies 
the time of these openings and closures, currently Sec.  679.23(b) 
requires that the time specified always be 1200 hours, A.l.t. The fixed 
time of 1200 hours, A.l.t., sometimes results in NMFS closing a fishery 
under Sec.  679.20(d) before the total allowable catch (TAC) is fully 
harvested. For example, if NMFS determines that the fishing fleet is 
catching 500 metric tons (mt) of groundfish every 24 hours and there is 
750 mt remaining, NMFS must close the fishery at 1200 hours, A.l.t., 
the day before the TAC is reached, resulting in a 250 mt underage of 
TAC. Under this same scenario, given more flexibility on the closing 
time than is currently permitted, NMFS could close the fishery at 2400 
hours, A.l.t., which would allow for more of the remaining 250 mt of 
groundfish to be harvested and could allow the TAC to be fully utilized 
while still avoiding a TAC overage.

Need for This Action

    Current regulations at Sec.  679.23(b) do not provide flexibility 
for NMFS to determine the best time of day to open or close a 
groundfish fishery.
    In April 2025, the Council requested that NMFS revise regulations 
to allow NMFS to align the sablefish IFQ/CDQ season timing with the 
fishing period the IPHC sets for the commercial halibut IFQ/CDQ 
fishery. This action would minimize regulatory discards, improve 
harvest efficiency, and reduce uncertainty for fishery participants. 
Giving NMFS the flexibility to align the opening and closing times for 
sablefish and halibut IFQ/CDQ fishing seasons will ensure that 
sablefish IFQ/CDQ holders do not need to discard sablefish for the 
first 6 hours or the last 12 hours of the halibut IFQ/CDQ fishing 
season. In addition, should the IPHC revise the opening and closing 
time for the commercial halibut IFQ/CDQ fishery in the future, NMFS 
would have the ability to follow suit.
    In October 2025, the Council expressed support for NMFS to modify 
the groundfish fishery closure timing to allow NMFS the flexibility to 
close the fishery at a different time if necessary for harvest to be 
closer to the TAC. This action would allow the Regional Administrator 
to close a groundfish fishery at a different time of the day, giving 
NMFS more flexibility and potentially allowing groundfish TACs to be 
more fully utilized and to avoid TAC overages. This would result in 
greater precision of management of some groundfish fisheries and reduce 
the probability of falling short of the TAC for the groundfish fleets. 
By allowing NMFS to specify the appropriate closure time instead of 
defaulting to 1200 hours, A.l.t., vessel operators may have additional 
opportunity to harvest and maximize the catch of valuable groundfish 
due to additional fishing hours. In addition, NMFS would have more 
flexibility in setting a closure time that ensures a TAC is not 
exceeded.

Proposed Rule

    Through this action, NMFS is proposing to do the following: (1) 
modify regulations to allow the Regional Administrator to determine the 
opening and closing times of the sablefish IFQ/CDQ season based on 
dates and times for the halibut season, and (2) modify regulations to 
allow the Regional Administrator the flexibility to set the time of day 
for a groundfish closure when NMFS takes an inseason management action 
under Sec.  679.20(d).

[[Page 66543]]

Sablefish IFQ/CDQ Season Timing

    The first revision to address sablefish season timing alignment 
would apply exclusively to vessel operators fishing for sablefish under 
the IFQ and CDQ Programs with fixed gear in the BSAI and GOA management 
areas and would authorize the Regional Administrator to determine the 
opening and closing times for the sablefish IFQ/CDQ fishing season, 
taking into consideration the halibut IFQ/CDQ season set by the IPHC. 
To accomplish this, the proposed rule would revise Sec.  679.23(g)(1) 
to allow the Regional Administrator to set the season opening and 
closing times by amending to state ``opening and closing dates and 
times for sablefish'' where originally the Regional Administrator only 
determined the opening date for sablefish. An exception from the 1200 
hours, A.l.t., for sablefish IFQ/CDQ opening and closing time would 
also be added by new Sec.  679.23(b)(1) because currently Sec.  
679.23(b) sets the opening and closing time of groundfish fisheries at 
1200 hours, A.l.t., and sablefish is a groundfish (Table 2a to 50 CFR 
part 679.2).

Groundfish Season Closures

    The second revision would allow NMFS flexibility in inseason 
closures to specify the time of day for closing groundfish fisheries, 
which is currently set at 1200 hours, A.l.t., and these inseason 
closures would apply to all vessel operators fishing groundfish in the 
BSAI and GOA management areas. To accomplish this, the proposed rule 
would add Sec.  679.23(b)(2) to provide that the time of all groundfish 
closures of fishing seasons is 1200 hours, A.l.t., unless NMFS 
establishes a different fishery closure time in an action taken under 
Sec.  679.20(d). Actions that NMFS may take under Sec.  679.20(d), 
where NMFS may set a different time than 1200 hours A.l.t., include: 
(1) prohibiting directed fishing when a directed fishing allowance has 
been or will be reached (Sec.  679.20(d)(1)(iii)), (2) modifying any 
applicable side board limit once the sideboard directed fishing 
allowance is or will be reached (Sec.  679.20(d)(1)(iv), (v)), and (3) 
requiring that a groundfish species be treated in the same manner as 
prohibited species catch to avoid exceeding a TAC (i.e., no retention 
allowed) (Sec.  679.20(d)(2)). The Regional Administrator may also 
establish area closures under Sec.  679.25; however, these provisions 
are rarely used and there is no projected benefit to giving NMFS 
flexibility to set Sec.  679.25 closures at a time other than 1200 
hours, A.l.t. Therefore, NMFS is proposing limiting this change to 
inseason actions taken under Sec.  679.20(d) only.

Classification

    NMFS is proposing this rule pursuant to section 305(d) of the 
Magnuson-Stevens Act. This action is taken to effectively set season 
opening and closing timing pursuant to section 3.5.1 of both the BSAI 
and GOA FMPs. The NMFS Assistant Administrator has determined that this 
proposed rule is consistent with the BSAI and GOA FMPs and is 
consistent with other applicable law, subject to further consideration 
after public comment.
    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866.

Certification Under the Regulatory Flexibility Act

    The Senior Lead Counsel for Regulation of the Department of 
Commerce certified to the Chief Counsel for Advocacy of the Small 
Business Administration that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. NMFS requests comments on this certification for this 
proposed rule. The factual basis for this determination is as follows.
    This proposed rule would minimize regulatory burden on vessel 
operators that participate in the sablefish IFQ/CDQ fisheries and allow 
for increased predictability of season timing. This proposed action 
would also allow groundfish closures based on inseason management 
actions that could reduce the probability of entities either exceeding 
or falling short of the TAC. As a result, this proposed action would 
not have any adverse economic impacts on the small directly regulated 
entities, and the beneficial economic impact would likely be modest and 
not significant.
    In the BSAI area, there were 92 individual catcher vessels (CVs) 
and 1 catcher/processor (C/P) with gross revenues less than or equal to 
$11 million, based on the most recent year of data (2024). The six CDQ 
groups are also considered small entities. This represents the 
potential suite of directly regulated small entities. The determination 
of entity size is based on vessel revenues and affiliated group 
revenues. This determination also includes an assessment of fisheries 
cooperative affiliations, although actual vessel ownership affiliations 
have not been completely established. However, the estimate of these 93 
vessels may be an overstatement of the number of small entities because 
of the complexity of analyzing the links and affiliations across these 
vessels, particularly since many of them conduct operations in both 
Federal and State fisheries. There are 3 American Fisheries Act (AFA) 
cooperative affiliated motherships that appear to fall under the 750 
worker threshold and are therefore small entities.
    In the GOA area, there were 602 individual CV and C/P entities with 
gross revenues less than or equal to $11 million, based on the most 
recent year of complete data (2024). This includes an estimated 601 
small CV entities and one small C/P entity in the GOA groundfish 
sector. The determination of entity size is based on vessel revenues 
and affiliated group revenues. This determination also includes an 
assessment of fisheries cooperative affiliations, although actual 
vessel ownership affiliations have not been completely established. 
However, the estimate of these 602 CVs and C/Ps may be an overstatement 
of the number of small entities because of the complexity of analyzing 
the links and affiliations across these vessels, particularly since 
many of them conduct operations in both Federal and State fisheries.
    For the reasons described above, this action is expected to be 
beneficial by reducing regulatory discards and uncertainty for 
sablefish IFQ/CDQ harvesters and reducing the probability of falling 
short of the TAC for the groundfish fleets. This action is 
administrative and will not negatively impact the amount or location of 
harvest under any of the fishery management programs affected by this 
action. Total economic impacts are not expected to be significant as it 
will simplify and clarify regulations on the time of the day that 
sablefish seasons may open and close and the time of day that 
groundfish seasons may close, allowing more predictability for 
sablefish IFQ/CDQ harvesters and more efficient utilization of TAC for 
actions under Sec.  679.20(d).
    This proposed action, therefore, is not expected to have a 
significant economic impact on a substantial number of small entities. 
As a result, an initial regulatory flexibility analysis is not 
required, and none has been prepared.

Paperwork Reduction Act Statement

    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.


[[Page 66544]]


    Dated: October 19, 2026.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, NMFS proposes to amend 50 
CFR part 679 as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
1. The authority citation for part 679 continues to read as follows:

    Authority:  16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447; Pub. L. 111-281.

0
2. Amend Sec.  679.23 by adding paragraphs (b)(1) and (2) and by 
revising paragraph (g)(1) to read as follows:


Sec.  679.23  Seasons.

* * * * *
    (b) Time of groundfish openings and closures. The time of all 
openings and closures of fishing seasons, other than the beginning and 
end of the calendar fishing year, is 1200 hours, A.l.t., except as 
provided in paragraphs (b)(1) and (2) of this section.
    (1) Sablefish openings and closures under paragraph (g) of this 
section.
    (2) NMFS establishes a different fishery closure time in an action 
taken under Sec.  679.20(d).
* * * * *
    (g) * * *
    (1) Directed fishing for sablefish using fixed gear in any IFQ 
regulatory area may be conducted in any fishing year during the period 
specified by the Regional Administrator and announced by publication in 
the Federal Register. The Regional Administrator will take into account 
the opening and closing dates and times of the halibut season when 
determining the opening and closing dates and times for sablefish for 
the purposes of reducing bycatch and regulatory discards between the 
two fisheries.
* * * * *
[FR Doc. 2026-21507 Filed 10-20-26; 8:45 am]
BILLING CODE 3510-22-P


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