SUPPLEMENTARY INFORMATION:

NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the GOA (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 Ocean perch TAC apportioned as the incidental catch allowance in the Central Regulatory Area of the GOA for vessels other than vessels checked-in to the Central GOA Rockfish Program who are fishing with a rockfish cooperative quota permit is 2,800 metric tons as established by the final 2026 and 2027 harvest specifications for groundfish of the GOA (91 FR 11902, March 11, 2026).

The Regional Administrator, Alaska Region, NMFS (Regional Administrator) has determined that the 2026 TAC of Pacific Ocean perch apportioned as the incidental catch allowance for vessels other than vessels checked-in to the Central GOA Rockfish Program who are fishing with a rockfish cooperative quota permit will soon be or has been reached. Therefore, in accordance with § 679.20(d)(2), NMFS is prohibiting retention of the incidental catch allowance for Pacific Ocean perch for vessels in the Central Regulatory Area of the GOA other than vessels checked-in to the Central GOA Rockfish Program who are fishing with a rockfish cooperative quota permit and requiring that Pacific ocean perch in the Central Regulatory Area of the GOA be treated in the same manner as a prohibited species, as described under § 679.21(a), for the remainder of the year, except for Pacific Ocean perch in the Central Regulatory Area of the GOA caught by catcher vessels using hook-and-line, pot, or jig gear as described in § 679.20(j), or caught by catcher vessels using trawl gear participating in the electronic monitoring program as described in § 679.21(a)(2). This action is necessary to prevent exceeding the 2026 Pacific Ocean perch TAC apportioned as the incidental catch allowance in the Central Regulatory Area of the GOA. This action does not apply to vessels checked-in to the Central GOA Rockfish Program who are fishing with a rockfish cooperative quota permit. While this prohibition is effective the requirements of § 679.20(j)(4) apply.

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 in a timely fashion and would delay prohibiting the retention of Pacific Ocean perch apportioned as the incidental catch allowance in the Central Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data on the total catch of Pacific Ocean perch in the Central Regulatory Area of the GOA only became available as of October 13, 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 65474