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 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 50 CFR part 679 and subpart H of 50 CFR part 600.

The 2026 ITAC of BS Pacific ocean perch was established as 8,419 metric tons (mt), the 2026 ITAC of BSAI northern rockfish was established as 10,200 mt, and the ITAC of BSAI “other flatfish” was established as 3,825 mt by the final 2026 and 2027 harvest specifications for groundfish in the BSAI (91 FR 11750, March 10, 2026). In the final 2026 and 2027 harvest specifications for groundfish in the BSAI, NMFS specified 15 percent of the total allowable catches (TACs) for each target species (except for pollock, fixed gear allocation of sablefish, and Amendment 80 species) in a nonspecified reserve, as required by § 679.20(b)(1)(i) (91 FR 11750, March 10, 2026). During a fishing year, NMFS may apportion any amount of that reserve to a target species that contributed to the reserve if the apportionments are consistent with § 679.20(a)(3) and do not result in overfishing (§ 679.20(b)(1)(i)).

In accordance with § 679.20(a)(3) and (b)(1)(i), the Regional Administrator, Alaska Region, NMFS has reviewed the most current available data and finds that the ITACs for BS Pacific ocean perch, BSAI northern rockfish, and BSAI “other flatfish” need to be supplemented from the non-specified reserve. This apportionment will promote efficiency in the utilization of fishery resources in the BSAI and allow fishing operations to continue.

Therefore, in accordance with § 679.20(b)(3), NMFS apportions from the non-specified reserve of groundfish to ITACs in the BSAI management area as follows: 1,486 mt to BS Pacific ocean perch, 1,800 mt to BSAI northern rockfish, and 675 mt to BSAI “other flatfish.” These apportionments are authorized by § 679.20(b)(1)(i) and consistent with § 679.20(a)(3) and do not result in overfishing of any target species because the revised ITACs and TACs are equal to or less than the specifications of the acceptable biological catch in the final 2026 and 2027 harvest specifications for groundfish in the BSAI (91 FR 11750, March 10, 2026).

The harvest specifications for the 2026 ITACs and TACs included in the final 2026 and 2027 harvest specifications for groundfish in the BSAI are revised as follows: 9,905 mt for BS Pacific ocean perch, 12,000 mt for BSAI northern rockfish, and 4,500 mt for BSAI “other flatfish.”

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 in a timely fashion and would delay the apportionment of the non-specified reserve of groundfish to BS Pacific ocean perch, BSAI northern rockfish, and BSAI “other flatfish.” This action is necessary for the efficient utilization of fishery resources in the BSAI and to allow the fisheries harvesting these groundfish to continue operating. NMFS was unable to publish a prior notice providing time for public comment because the most recent, relevant data on catch of BS Pacific ocean perch, BSAI northern rockfish, and BSAI “other flatfish” only became available as of September 22, 2026. Finally, NMFS provided notice and an opportunity for public comment on the proposed 2026 and 2027 harvest specifications for groundfish in the BSAI that included the amount of the proposed non-specified reserve from which NMFS can apportion to any target species that contributed to that reserve (90 FR 58204, December 16, 2025). The final 2026 and 2027 harvest specifications for groundfish in the BSAI explained that, during the fishing year, any amount of the non-specified reserve may be apportioned by NMFS to a target species that contributed to the non-specified reserve consistent with § 679.20(b)(1)(i) (91 FR 11750, March 10, 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.

Under § 679.20(b)(3)(iii), interested persons are invited to submit written comments on this action (see ADDRESSES section) until October 15, 2026.

Authority: 16 U.S.C. 1801 et seq.

91 FR 61795