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 TAC specified for vessels using jig gear in the BSAI is 721 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 16583, April 2, 2026).

The 2026 Pacific cod TAC specified for catcher vessels greater than or equal to 60 feet (18.3 m) LOA using hook-and-line gear in the BSAI is 234 mt as established by the final 2026 and 2027 harvest specifications for groundfish in the BSAI (91 FR 11750, March 10, 2026).

The 2026 Pacific cod TAC specified for catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI is 3,272 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 16583, April 2, 2026). NMFS closed directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI under § 679.20(d)(1)(iii) effective February 3, 2026 (91 FR 5244, February 5, 2026).

The Regional Administrator, Alaska Region, NMFS (Regional Administrator) has determined that jig vessels will not be able to harvest 711 mt of the 2026 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)( 1) and catcher vessels greater than or equal to 60 feet (18.3 m) LOA using hook-and-line gear will not be able to harvest 224 mt of the 2026 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)( 3).

Therefore, in accordance with § 679.20(a)(7)(iii)(A) and (a)(7)(iv)(C), NMFS reallocates 711 mt of Pacific cod from the jig vessels to the annual amount specified for catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear, and in accordance with § 679.20(a)(7)(iii)(A), NMFS reallocates 224 mt of Pacific cod from the catcher vessels greater than or equal to 60 feet (18.3 m) LOA using hook-and-line gear to the annual amount specified for catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear.

The harvest specifications for 2026 Pacific cod included in final 2026 and 2027 harvest specifications for groundfish in the BSAI (91 FR 11750, March 10, 2026) and reallocation (91 FR 16583, April 2, 2026) are revised as follows: 10 mt to vessels using jig gear, 10 mt to catcher vessels greater than or equal to 60 feet (18.3 m) LOA using hook-and-line gear, and 4,207 mt to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear.

As a result of the reallocation of Pacific cod to catcher vessel less than 60 feet (18.3 m) LOA using hook-and-line or pot gear, NMFS has determined that as of August 25, 2026, approximately 422 mt of Pacific cod remain in the 2026 Pacific cod allocation for catcher vessel less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI. ( printed page 55500) Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), NMFS is terminating the previous closure to prevent the underharvest of TAC and is opening directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI to allow for the full use of the available Pacific cod TAC in the BSAI. The Regional Administrator considered the following factors in reaching this decision: (1) the current catch of Pacific cod, including by catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear in the BSAI; (2) the harvest capacity and stated intent on future harvesting patterns of vessels participating in this fishery; and (3) the remaining Pacific cod TAC available for harvest in the fishing year.

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 on Pacific cod catch in a timely fashion, would delay the opening of directed fishing for Pacific cod by catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear, and would not allow for the full harvest of the Pacific cod TACs by the sector with harvesting capability in the BSAI. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data for Pacific cod catch by those sectors harvesting Pacific cod in the BSAI, as well as the potential capability to harvest reallocated Pacific cod this fall, only became available as of August 25, 2026.

There is good cause under 5 U.S.C. 553(d)(3) to establish an effective date less than 30 days after date of publication. 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 55499