SUPPLEMENTARY INFORMATION:

NMFS manages the groundfish fishery in the 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 Pacific cod fishery halibut PSC limits specified for the PCTC Program A and B seasons (January 20-June 10) is 220 metric tons (mt) and for the trawl catcher vessel C season (June 10-November 1) it is 15 mt as established by the final 2026 and 2027 harvest specifications for groundfish in the BSAI (91 FR 11750, March 10, 2026). Halibut PSC limits for the Pacific cod fishery are apportioned between the PCTC Program, the trawl limited access catcher vessel sector C season, and American Fisheries Act catcher/processors as established under § 679.131(c). Any unused PCTC Program halibut PSC limits may be reapportioned to the trawl limited access catcher vessel sector C season under § 679.131(c)(3).

The Regional Administrator, Alaska Region, NMFS (Regional Administrator) has determined that during the A and B seasons 100 mt of halibut PSC limit apportioned to the PCTC Program was not caught. The B season closed on June 10, 2026. The Regional Administrator also determined that reallocating the PCTC Program's unused halibut PSC limit to the trawl limited access catcher vessel sector C season is appropriate. Therefore, in accordance with § 679.131(c)(3) and (h), NMFS reapportions 100 mt of the halibut PSC limit for the PCTC Program to the trawl limited access catcher vessel sector C season, which increases this sector's halibut PSC limit apportionment to 115 mt. This action is authorized by § 679.131(c)(3) and (h), which allows for unused halibut PSC limits to be reapportioned to the C season, and is necessary to account for the trawl catcher vessel sector's C season halibut PSC.

Classification

NMFS issues this action pursuant to section 305(d) of the Magnuson-Stevens Act. This action is required 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. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and from providing an accounting of the reapportionment of unused halibut PSC limits to the trawl limited access catcher vessel C season authorized under § 679.131. Without this authorized reapportionment, this could result in exceeding the halibut PSC limit for the trawl limited access catcher vessel sector. NMFS was unable to publish a notice providing time for public comment because the most recent relevant data for halibut PSC by those ( printed page 51106) sectors harvesting Pacific cod only became available as of August 4, 2026.

There is also good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date. 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.

91 FR 51105