[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]
----------------------------------------------------------------------------------------------------------------
                                                                                  Sea lion
                                                                                conservation
             Area and sector              2026 allocations    A season DFA       area (SCA)       B season DFA
                                                                                harvest limit
                                                                                     \2\
----------------------------------------------------------------------------------------------------------------
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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