[Federal Register Volume 91, Number 153 (Tuesday, August 11, 2026)]
[Rules and Regulations]
[Pages 51598-51599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-16336]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 260305-0066; RTID 0648-XF950]
Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation
of Pollock in the Bering Sea and Aleutian Islands
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 amounts of the Aleut
Corporation pollock directed fishing allowance (DFA) from the Aleutian
Islands subarea (AI) to the Bering Sea subarea (BS). This action is
necessary to provide the opportunity for the harvest of the 2026 total
allowable catch (TAC) of pollock, consistent with the goals and
objectives of the Fishery Management Plan for Groundfish of the Bering
Sea and Aleutian Islands Management Area (BSAI).
DATES: Effective 1200 hours, Alaska local time (A.l.t.), August 11,
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
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 (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.
In the AI, the portion of the 2026 pollock TAC allocated to the
Aleut Corporation is 6,300 metric tons (mt) as established by the final
2026 and 2027 harvest specifications for groundfish in the BSAI (91 FR
11750, March 10, 2026) and reallocation (91 FR 16840, April 3, 2026).
As of July 29, 2026, the Regional Administrator, Alaska Region,
NMFS (Regional Administrator) has determined that 6,300 mt of the Aleut
Corporation's DFA in the AI will not be harvested and that there is
harvesting capacity by sectors in the BS. The Regional Administrator
made this determination based on harvest to date in the AI, the future
harvest needs in the AI reported by the Aleut Corporation, and the
current harvesting capacity of sectors in the BS. Therefore, in
accordance with Sec. 679.20(a)(5)(iii)(B)(4), NMFS reallocates 6,300
mt of the Aleut Corporation's DFA from the AI to the BS. The 6,300 mt
of pollock reallocated from the Aleut Corporation's DFA is apportioned
to the American Fisheries Act (AFA) inshore catcher vessel (CV) sector
(50 percent), AFA catcher/processor (C/P) sector (40 percent), and the
AFA mothership sector (10 percent). The 2026 BS pollock incidental
catch allowance (ICA) remains at 46,000 mt. As a result, the 2026
harvest specifications for pollock are revised as follows: 0 mt to the
Aleut Corporation's DFA, and the 2026 pollock allocations in table 4 of
the final 2026 and 2027 harvest specifications for groundfish in the
BSAI (91 FR 11750, March 10, 2026, and 91 FR 16840, April 3, 2026) are
revised consistent with this reallocation. This reallocation results in
an adjustment to the 2026 Aleutian Islands Aleut Corporation DFA and
Bering Sea AFA sector allocations as established at Sec. 679.20(a)(5).
[[Page 51599]]
Table 4--Final 2026 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the Community
Development Quota (CDQ) DFA \1\
[Amounts are in metric tons]
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Sea lion
conservation
Area and sector 2026 allocations A season DFA area (SCA) B season DFA
harvest limit
\2\
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Bering Sea subarea TAC \1\.............. 1,389,500 n/a n/a n/a
CDQ DFA................................. 139,400 62,730 39,032 76,670
ICA \1\................................. 46,000 n/a n/a n/a
Total Bering Sea non-CDQ DFA............ 1,204,100 541,845 337,148 662,255
AFA Inshore............................. 602,050 270,923 168,574 331,128
AFA Catcher/Processors: 481,640 216,738 134,859 264,902
Catch by CPs........................ 440,701 198,315 n/a 242,385
Catch by CVs \3\.................... 40,939 18,423 n/a 22,517
Unlisted CP Limit \4\............... 2,408 1,084 n/a 1,325
AFA Motherships......................... 120,410 54,185 33,715 66,226
Excessive Harvesting Limit \5\.......... 210,718 n/a n/a n/a
Excessive Processing Limit \6\.......... 361,230 n/a n/a n/a
Aleutian Islands subarea ABC............ 46,437 n/a n/a n/a
Aleutian Islands subarea TAC \1\........ 4,500 n/a n/a n/a
CDQ DFA................................. ................ ................ n/a ................
ICA \1\................................. 4,500 2,250 n/a 2,250
Aleut Corporation \7\................... ................ ................ n/a ................
Area harvest limit \8\:................. n/a n/a n/a n/a
541................................. 13,931 n/a n/a n/a
542................................. 6,966 n/a n/a n/a
543................................. 2,322 n/a n/a n/a
Bogoslof District ICA \9\............... 250 n/a n/a n/a
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Note: Seasonal or sector apportionments may not total precisely due to rounding. The 2026 harvest specifications
for pollock are effective from 1200 hours, A.l.t., March 18, 2026, through 2400 hours, A.l.t., December 31,
2026.
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the annual BS subarea pollock TAC, after subtracting first for the
CDQ DFA (10 percent) and second for the ICA (46,000 mt), is allocated as a DFA as follows: inshore sector-50
percent, C/P sector-40 percent, and mothership sector-10 percent. In the BS subarea, 45 percent of the DFA and
CDQ DFA are allocated to the A season (January 20-June 10) and 55 percent of the DFA and CDQ DFA are allocated
to the B season (June 10-November 1). When the AI subarea pollock ABC equals or exceeds 19,000 mt, the annual
TAC for the AI subarea is equal to 19,000 mt (Sec. 679.20(a)(5)(iii)(B)(1)). Pursuant to Sec.
679.20(a)(5)(iii)(B)(2), the annual AI subarea pollock TAC, after subtracting first for the CDQ DFA (10
percent) and second for the ICA (4,500 mt), is allocated to the Aleut Corporation for a directed pollock
fishery. In the AI subarea, the A season is allocated up to 40 percent of the AI subarea pollock ABC.
\2\ In the BS subarea, pursuant to Sec. 679.20(a)(5)(i)(C), no more than 28 percent of each sector's annual
DFA may be taken from the SCA before noon, April 1. The SCA is defined at Sec. 679.22(a)(7)(vii).
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed C/Ps shall be available
for harvest only by eligible catcher vessels with a C/P endorsement delivering to listed C/Ps, unless there is
a cooperative contract for the year.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted C/Ps are limited to harvesting not more than
0.5 percent of the C/P sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30
percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec. 679.4(m), prior to harvesting or processing pollock in the AI directed pollock fishery, a
participant must be selected by the Aleut Corporation and approved by the Regional Administrator. Annual
allocation for vessels 60 feet (18.3 m) LOA or less participating in the AI directed pollock fishery is 50
percent of the AI directed pollock fishery allocation (Sec. 679.20(a)(5)(iii)(B)(5)).
\8\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 no more than 30 percent, in Area 542 no more than 15 percent, and in Area 543 no more than 5 percent
of the AI subarea pollock ABC.
\9\ Pursuant to Sec. 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
amounts specified are therefore for incidental catch only and are not apportioned by season or sector (Sec.
679.20(a)(5)(ii)).
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 on pollock catch in a timely fashion, and would delay the
reallocation of unharvested Aleutian Islands pollock to the Bering Sea,
where sectors have the current capacity to harvest this reallocated
pollock. NMFS was unable to publish a notice providing time for public
comment because the most recent, relevant data on pollock catch only
became available as of July 29, 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: August 7, 2026.
Shannon Bettridge,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2026-16336 Filed 8-10-26; 8:45 am]
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