Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area
NMFS is exchanging unused yellowfin sole and flathead sole Community Development Quota (CDQ) for rock sole CDQ acceptable biological catch (ABC) reserves in the Bering Sea and A...
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION:
Temporary rule; reallocation.
( printed page 62342)
SUMMARY:
NMFS is exchanging unused yellowfin sole and flathead sole Community Development Quota (CDQ) for rock sole CDQ acceptable biological catch (ABC) reserves in the Bering Sea and Aleutian Islands (BSAI) management area. This action is necessary to allow the CDQ fishery to optimize their total rock sole harvest in the BSAI.
DATES:
Effective October 1, 2026, through December 31, 2026.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907-586-7228.
SUPPLEMENTARY INFORMATION:
NMFS manages the groundfish fishery in the BSAI 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 subpart H of 50 CFR part 600 and 50 CFR part 679.
The 2026 flathead sole, rock sole, and yellowfin sole CDQ allocations of the TACs specified for these species in the BSAI are 3,852 metric tons (mt), 8,025 mt, and 15,515 mt, respectively, as established by the final 2026 and 2027 harvest specifications for groundfish in the BSAI (91 FR 11750, March 10, 2026). The 2026 flathead sole, rock sole, and yellowfin sole CDQ ABC reserves are 5,532 mt, 8,905 mt, and 13,122 mt, respectively, as established by the final 2026 and 2027 harvest specifications for groundfish in the BSAI (91 FR 11750, March 10, 2026).
The Norton Sound Economic Development Corporation (NSEDC) has requested that NMFS exchange 200 mt of flathead sole TAC and 700 mt of yellowfin sole TAC allocated to the CDQ sector for 900 mt of rock sole CDQ ABC reserves pursuant to §§ 679.31(d) and 679.4(p). NMFS approves the completed Flatfish Exchange Application submitted by NSEDC, which meets all the criteria specified at § 679.4(p)(3). Specifically, NSEDC has sufficient CDQ ABC reserves of rock sole and is exchanging an equal amount of unused flathead sole and yellowfin sole TACs allocated to the CDQ sector. Approval will not cause harvest to exceed an ABC or ABC reserve for any of these species, NSEDC has not received at least three approved flatfish exchanges, and NMFS can approve the exchange before the end of the calendar year in which it would be effective. Therefore, NMFS exchanges 200 mt of flathead sole TAC and 700 mt of yellowfin sole TAC allocated to the CDQ sector for 900 mt of rock sole CDQ ABC reserves in the BSAI. This action also decreases and increases the TACs and CDQ ABC reserves by the corresponding amounts. Tables 13 and 15 of the final 2026 and 2027 harvest specifications for groundfish in the BSAI (91 FR 11750, March 10, 2026) are revised as follows:
Table 13—Final 2026 CDQ Reserves, ICAs, and Amendment 80 Sector and BSAI Trawl Limited Access Sector Allocations of the Aleutian Islands Pacific Ocean Perch and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs
[Values are rounded to the nearest metric ton]
Sector
Pacific ocean perch
Flathead sole
Rock sole
Yellowfin sole
EAI
CAI
WAI
BSAI
BSAI
BSAI
TAC
6144
5,441
12,000
35,800
75,900
144,300
CDQ
657
582
1,284
3,652
8,925
14,815
ICA
100
60
10
2,000
3,000
2,000
BSAI trawl limited access
539
480
214
n/a
n/a
15,936
Amendment 80
4,848
4,319
10,492
30,148
63,975
111,549
Note:
Sector apportionments may not total precisely due to rounding. The 2026 CDQ reserves, ICAs, and allocations for BSAI flathead sole, rock sole, and yellowfin sole are effective from 1200 hours, A.l.t., March 18, 2026, through 2400 hours, A.l.t., December 31, 2026.
Table 15—Final 2026 and 2027 ABC Surplus, ABC Reserves, CDQ ABC Reserves, and Amendment 80 ABC Reserves in the BSAI for Flathead Sole, Rock Sole, and Yellowfin Sole
[Values are rounded to the nearest metric ton]
Sector
2026
Flathead sole
2026
Rock sole
2026
Yellowfin sole
2027
Flathead sole 1
2027
Rock sole 1
2027
Yellowfin sole 1
ABC
87,700
158,225
267,639
87,700
158,225
267,639
TAC
35,800
75,900
144,300
36,000
75,000
145,000
ABC surplus
51,900
82,325
123,339
51,700
83,225
122,639
ABC reserve
51,900
82,325
123,339
51,700
83,225
122,639
CDQ ABC reserve
5,732
8,005
13,822
5,532
8,905
13,122
Amendment 80 ABC reserve
46,168
74,320
109,517
46,168
74,320
109,517
Note:
Sector apportionments may not total precisely due to rounding.
1
The 2026 ABC surpluses and ABC reserves for BSAI flathead sole, rock sole, and yellowfin sole are effective from 1200 hours, A.l.t., March 18, 2026, through 2400 hours, A.l.t., December 31, 2026. The 2027 ABC surpluses and ABC reserves for BSAI flathead sole, rock sole, and yellowfin sole are effective from 0001 hours, A.l.t., January 1, 2027, through 1200 hours, A.l.t., March 18, 2027. The 2027 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2026.
Fishermen are reminded that all actions and closures remain in full force and effect. This reallocation does not rescind or modify closures to directed fishing or actions prohibiting retention of a groundfish species.
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
( printed page 62343)
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 not allow for the ongoing harvest of rock sole in the BSAI by the CDQ sector. NMFS was unable to publish a notice providing time for public comment because the NSEDC Flatfish Exchange Application was received on September 18, 2026, and this is the most recent, relevant data on flathead sole, rock sole, and yellowfin. Without this inseason adjustment, NMFS could not allow the CDQ fishery for rock sole in the BSAI to be harvested in an expedient manner.
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.
Use this for formal legal and research references to the published document.
91 FR 62341
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area,” thefederalregister.org (October 1, 2026), https://thefederalregister.org/documents/2026-20177/fisheries-of-the-exclusive-economic-zone-off-alaska-exchange-of-flatfish-in-the-bering-sea-and-aleutian-islands-manageme.
50 CFR part 600
5 U.S.C. 553(b)(B)