SUPPLEMENTARY INFORMATION:

NMFS manages the groundfish fisheries in the exclusive economic zone of the Bering Sea and Aleutian Islands Management Area (BSAI) under the Fishery Management Plan (FMP) for Groundfish of the BSAI (BSAI FMP). The Council prepared the BSAI FMP under the authority of the Magnuson-Stevens Act, 16 U.S.C. 1801 et seq. Regulations governing the BSAI groundfish fisheries appear at 50 CFR parts 600 and 679. The FMP and the EFP-implementing regulations at §§ 600.745(b) and 679.6 allow the NMFS Regional Administrator to authorize, for limited experimental purposes, fishing that would otherwise be prohibited. Under the Magnuson-Stevens Act, fishing is defined to include, among other things, “the catching, taking, or harvesting of fish.” ( printed page 62501) 16 U.S.C. 1802(16)(A). Procedures for issuing EFPs are contained in the implementing regulations.

Background and Need for Exempted Fishing Permit

Current regulations prohibit trawl catcher/processor vessels from retaining and donating Pacific halibut under the PSD Program. In the Bering Sea trawl limited access (TLAS) yellowfin sole fishery, incidentally caught Pacific halibut are sorted on deck and then discarded at sea, following regulations for the Pacific halibut deck sorting program at § 679.102. Pacific halibut that are unable to be sorted and discarded on deck within the time limits indicated on the Observer Sampling Station Inspection Report are then sorted in the vessel's factory and provided to the fisheries observer for sampling before they are discarded at sea, as required by regulations.

This EFP proposes to allow a portion of the Pacific halibut that remain in the catch, after Pacific halibut deck sorting and after sampling by a fisheries observer, to be retained, processed, and donated through the PSD Program, instead of being discarded at sea as required by regulation. Regulatory exemptions are requested, as described below, to allow the proposed EFP to test the logistical and operational requirements required for the donation of Pacific halibut for hunger relief purposes from one trawl catcher/processor vessel.

Exempted Fishing Permit

On August 21, 2026, Ms. Hannah Lindoff with SeaShare, Inc. and Mr. Glenn Merrill with Glacier Fish Co. submitted an application for an EFP to test the operational and logistical requirements needed for one trawl catcher/processor to donate Pacific halibut under the PSD Program. The proposed EFP aims to test donation of Pacific halibut on one trawl catcher/processor vessel in the TLAS yellowfin sole fishery in the Bering Sea. Gear and fishing operations will be conducted in compliance with current management regulations subject to exemptions under the EFP.

The EFP applicants requested to retain and donate a maximum of 5,000 net pounds of headed and gutted Pacific halibut, or 3.0 metric tons of round weight equivalent, to the PSD Program for hunger relief purposes through SeaShare, Inc, a NMFS-authorized distributor under the PSD program. The proposed EFP does not seek any exemptions from existing Pacific halibut Prohibited Species Catch limits established by regulation, nor from applicable requirements for Pacific halibut deck sorting. Those limits and requirements would continue to apply. The proposed EFP also does not seek any changes in catch monitoring or catch accounting.

Exemption

To meet the proposed EFP's objective, two exemptions to Alaska Region regulations are necessary:

• 50 CFR 679.21(a)(2)(ii), which prohibits the retention of prohibited species catch. If granted, the exemption would allow one trawl catcher/processor vessel to retain, for donation only, up to 5,000 net pounds, or 3.0 mt round weight equivalent, of headed and gutted Pacific halibut.
• 50 CFR 679.26(a)(2), which allows the donation of Pacific halibut delivered by catcher vessels using trawl gear to shoreside processors and stationary floating processors, thereby prohibiting a catcher/processor vessel from participating in the PSD program.

Permit Conditions, Review, and Effects

If issued, the EFP vessel will comply with observer requirements at § 679.50, deck sorting requirements at § 679.102, and PSD Program requirements at § 679.26. The EFP vessel will work with NMFS on necessary communication and monitoring protocols.

If issued, the EFP would contain several conditions. Within 6 months of the end of EFP fishing, the applicant would be required to submit to NMFS a final report that describes how well EFP objectives were accomplished, including any problems and successes, total amount of retained Pacific halibut, and total amount of donated Pacific halibut during the EFP. The Alaska Fisheries Science Center (AFSC) reviewed a draft EFP application that was submitted on August 21, 2026. The AFSC determined that the scientific design is valid and provided minor comments. All AFSC feedback has been incorporated in the final EFP application submitted to NMFS on September 15, 2026.

The activities that would be conducted under this EFP are limited in size, magnitude, and duration with no potential for significant individual or cumulative impacts, as detailed in the draft categorical exclusion for this action (see ADDRESSES ).

In accordance with §§ 679.6 and 600.745, NMFS has determined that the application warrants further consideration and has forwarded the application to the Council to initiate consultation. The Council is scheduled to consider the EFP application during its October 2026 meeting, which will be held in Anchorage, Alaska. The applicants have been invited to speak in support of the application.

Public Comments

Interested persons may comment on the application during the October 2026 Council meeting during public testimony. Information regarding the meeting is available at the Council's website at www.npfmc.org. Comments may also be submitted directly to NMFS (see ADDRESSES ) by the end of the comment period (see DATES ). Copies of the application and categorical exclusion are available for review from NMFS (see ADDRESSES ).

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

91 FR 62500