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 catcher vessels using trawl gear in the BSAI is 26,056 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 ( printed page 64807) m) LOA using hook-and-line or pot gear in the BSAI is 4,207 metric tons (mt) as established by the final 2026 and 2027 harvest specifications for groundfish in the BSAI (91 FR 11750, March 10, 2026) and reallocations (91 FR 16583, April 2, 2026 and 91 FR 55499, August 28, 2026).

The Regional Administrator, Alaska Region, NMFS (the Administrator) has determined that catcher vessels using trawl gear will not be able to harvest 350 mt of the 2026 Pacific cod TAC allocated to those vessels under § 679.20(a)(7)(ii)(A)( 9). The Administrator has also determined that catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear have the capability to harvest an additional 350 mt of Pacific cod TAC.

Therefore, in accordance with § 679.20(a)(7)(iii)(A), NMFS reallocates 350 mt of Pacific cod from catcher vessels using trawl 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 TAC included in final 2026 and 2027 harvest specifications for groundfish in the BSAI (91 FR 11750, March 10, 2026) and reallocations (91 FR 16583, April 2, 2026 and 91 FR 55499, August 28, 2026) are revised as follows: 25,706 mt to catcher vessels using trawl gear and 4,557 mt to catcher vessels less than 60 feet (18.3 m) LOA using hook-and-line or pot gear.

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, as it would prevent NMFS from responding to the most recent fisheries data on Pacific cod catch in a timely fashion and would not allow for the full harvest of the Pacific cod TACs by the sectors with harvesting capability. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data on the catch of Pacific cod by sectors operating in the BSAI and the capability of certain sectors to harvest additional TAC only became available as of October 7, 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.

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

91 FR 64806