Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Proposed 2020 and 2021 Harvest Specifications for Groundfish, 66109-66129 [2019-26088]
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Kenley McQueen,
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DEPARTMENT OF COMMERCE
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50 CFR Part 679
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RTID 0648–XY201
Fisheries of the Exclusive Economic
Zone Off Alaska; Gulf of Alaska;
Proposed 2020 and 2021 Harvest
Specifications for Groundfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; harvest
specifications and request for
comments.
AGENCY:
NMFS proposes 2020 and
2021 harvest specifications,
apportionments, and Pacific halibut
prohibited species catch limits for the
groundfish fishery of the Gulf of Alaska
(GOA). This action is necessary to
establish harvest limits for groundfish
during the 2020 and 2021 fishing years
and to accomplish the goals and
objectives of the Fishery Management
Plan for Groundfish of the Gulf of
Alaska. The 2020 harvest specifications
supersede those previously set in the
final 2019 and 2020 harvest
specifications, and the 2021 harvest
specifications will be superseded in
early 2021 when the final 2021 and
2022 harvest specifications are
published. The intended effect of this
action is to conserve and manage the
groundfish resources in the GOA in
accordance with the Magnuson-Stevens
Fishery Conservation and Management
Act.
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SUMMARY:
Comments must be received by
January 2, 2020.
ADDRESSES: Submit comments on this
document, identified by NOAA–NMFS–
2019–0102, by either of the following
methods:
DATES:
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• Federal e-Rulemaking Portal: Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190102, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Records Office. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: NMFS may not consider
comments if they are sent by any other
method, to any other address or
individual, or received after the
comment period ends. All comments
received are a part of the public record,
and NMFS will post the comments for
public viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender is
publicly accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Electronic copies of the Alaska
Groundfish Harvest Specifications Final
Environmental Impact Statement (Final
EIS), Record of Decision (ROD) for the
Final EIS, the annual Supplementary
Information Reports (SIRs) to the Final
EIS, and the Initial Regulatory
Flexibility Analysis (IRFA) prepared for
this action area available from https://
www.regulations.gov. An updated 2020
SIR for the final 2020 and 2021 harvest
specifications will be available from the
same source. The final 2018 Stock
Assessment and Fishery Evaluation
(SAFE) report for the groundfish
resources of the GOA, dated November
2018, is available from the North Pacific
Fishery Management Council (Council)
at 605 West 4th Avenue, Suite 306,
Anchorage, AK 99501–2252, phone
907–271–2809, or from the Council’s
website at https://www.npfmc.org. The
2019 SAFE report for the GOA will be
available from the same source.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
NMFS
manages the groundfish fisheries in the
exclusive economic zone (EEZ) of the
GOA under the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP). The Council prepared the
FMP under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), 16 U.S.C.
1801, et seq. Regulations governing U.S.
fisheries and implementing the FMP
SUPPLEMENTARY INFORMATION:
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66109
appear at 50 CFR parts 600, 679, and
680.
The FMP and its implementing
regulations require that NMFS, after
consultation with the Council, specify
the total allowable catch (TAC) for each
target species, the sum of which must be
within the optimum yield (OY) range of
116,000 to 800,000 metric tons (mt)
(§ 679.20(a)(1)(i)(B)). Section
679.20(c)(1) further requires NMFS to
publish and solicit public comment on
proposed annual TACs and
apportionments thereof, Pacific halibut
prohibited species catch (PSC) limits,
and seasonal allowances of pollock and
Pacific cod. The proposed harvest
specifications in Tables 1 through 19 of
this rule satisfy these requirements. For
2020 and 2021, the sum of the proposed
TAC amounts is 408,534 mt.
Under § 679.20(c)(3), NMFS will
publish the final 2020 and 2021 harvest
specifications after (1) considering
comments received within the comment
period (see DATES), (2) consulting with
the Council at its December 2019
meeting, (3) considering information
presented in the 2020 SIR to the Final
EIS that assesses the need to prepare a
Supplemental EIS (see ADDRESSES), and
(4) considering information presented in
the final 2019 SAFE reports prepared for
the 2020 and 2021 groundfish fisheries.
Other Actions Affecting or Potentially
Affecting the 2020 and 2021 Harvest
Specifications
Reclassify Sculpins as an Ecosystem
Component Species
In October 2019, the Council
recommended that sculpins be
reclassified in the FMP as an
‘‘ecosystem component’’ species, which
is a category of non-target species that
are not in need of conservation and
management. Currently, NMFS annually
sets an overfishing level (OFL),
Acceptable Biological Catch (ABC), and
TAC for sculpins in the GOA groundfish
harvest specifications. Under the
Council’s recommended action, OFL,
ABC, and TAC specifications for
sculpins would no longer be required.
NMFS intends to develop rulemaking to
implement the Council’s
recommendation for sculpins. Such
rulemaking would prohibit directed
fishing for sculpins, maintain
recordkeeping and reporting, and
establish a sculpin maximum retainable
amount when directed fishing for
groundfish species at 20 percent to
discourage retention, while allowing
flexibility to prosecute groundfish
fisheries. Further details (and public
comment on the sculpin action) will be
available on publication of the proposed
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rule to implement an FMP amendment
that would reclassify sculpins as an
ecosystem component species of the
FMP. If the FMP amendment and its
implementing regulations are approved
by the Secretary of Commerce, the
action is anticipated to be effective in
2021. Until effective, NMFS will
continue to publish OFLs, ABCs, and
TACs for sculpins in the GOA
groundfish harvest specifications.
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Final Rulemaking To Prohibit Directed
Fishing for American Fisheries Act
(AFA) and Crab Rationalization (CR)
Program Sideboard Limits
On February 8, 2019, NMFS
published a final rule (84 FR 2723) that
modified regulations for the AFA
Program and CR Program participants
subject to limits on the catch of specific
species (sideboard limits) in the GOA.
Sideboard limits are intended to prevent
participants who benefit from receiving
exclusive harvesting privileges in a
particular fishery from shifting effort to
other fisheries. Specifically, the final
rule established regulations to prohibit
directed fishing for most groundfish
species or species groups subject to
sideboard limits under the AFA
Program and CR Program, rather than
prohibiting directed fishing through the
annual GOA harvest specifications.
Since the final rule is now effective,
NMFS is no longer publishing in the
annual GOA harvest specifications the
AFA Program and CR Program
sideboard limit amounts for groundfish
species or species groups subject to the
final rule. Those groundfish species
subject to the final rule associated with
sideboard limits are now prohibited to
directed fishing in regulation
(§§ 679.20(d)(1)(iv)(D) and
680.22(e)(1)(i) and (iii) and Tables 54,
55, and 56 to 50 CFR part 679). NMFS
will continue to publish in the annual
GOA harvest specifications the AFA
Program and CR Program sideboard
limit amounts for groundfish species or
species groups that were not subject to
the final rule (see Tables 13, 14, and 15
of this action).
Proposed Revisions to the GOA Pollock
Seasons and Pacific Cod Seasonal
Allocations
In June 2019, the Council
recommended for Secretarial review
Amendment 109 to the FMP.
Amendment 109 would revise pollock
seasons and Pacific cod seasonal
allocations. Amendment 109 would
modify the existing annual pollock TAC
allocation to two equal (50 percent of
TAC) seasonal allocations, rather than
four equal seasons (25 percent of TAC).
The pollock A and B seasons would be
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combined into a January 20 through
May 31 A season, and the pollock C and
D seasons would be combined into a
September 1 through November 1 B
season. Additionally, Amendment 109
would revise the Pacific cod TAC
seasonal apportionments to the trawl CV
sector by increasing the A season
allocation and decreasing the B season
allocation. Further details (and public
comment on Amendment 109) will be
available on publication of the proposed
rule to implement Amendment 109. If
Amendment 109 and its implementing
regulations are approved by the
Secretary of Commerce, the action is
anticipated to be effective in 2021.
Proposed ABC and TAC Specifications
In October 2019, the Council’s
Scientific and Statistical Committee
(SSC), its Advisory Panel (AP), and the
Council reviewed the most recent
biological and harvest information about
the condition of the GOA groundfish
stocks. The Council’s GOA Groundfish
Plan Team (Plan Team) compiled and
presented this information in the final
2018 SAFE report for the GOA
groundfish fisheries, dated November
2018 (see ADDRESSES). The SAFE report
contains a review of the latest scientific
analyses and estimates of each species’
biomass and other biological
parameters, as well as summaries of the
available information on the GOA
ecosystem and the economic condition
of the groundfish fisheries off Alaska.
From these data and analyses, the Plan
Team recommends, and the SSC sets, an
OFL and ABC for each species or
species group. The amounts proposed
for the 2020 and 2021 OFLs and ABCs
are based on the 2018 SAFE report. The
AP and Council recommended that the
proposed 2020 and 2021 TACs be set
equal to proposed ABCs for all species
and species groups, with the exception
of the species and species groups further
discussed below. The proposed OFLs,
ABCs, and TACs could be changed in
the final harvest specifications
depending on the most recent scientific
information contained in the final 2019
SAFE report. The stock assessments that
will comprise, in part, the 2019 SAFE
report are available at https://
www.fisheries.noaa.gov/alaska/
population-assessments/north-pacificgroundfish-stock-assessment-andfishery-evaluation. The final 2019 SAFE
report will be available from the same
source.
In November 2019, the Plan Team
will update the 2018 SAFE report to
include new information collected
during 2019, such as NMFS stock
surveys, revised stock assessments, and
catch data. The Plan Team will compile
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this information and present the draft
2019 SAFE report at the December 2019
Council meeting. At that meeting, the
SSC and the Council will review the
2019 SAFE report, and the Council will
approve the 2019 SAFE report. The
Council will consider information in the
2019 SAFE report, recommendations
from the November 2019 Plan Team
meeting and December 2019 SSC and
AP meetings, public testimony, and
relevant written public comments in
making its recommendations for the
final 2020 and 2021 harvest
specifications. Pursuant to § 679.20(a)(2)
and (3), the Council could recommend
adjusting the TACs if warranted based
on the biological condition of
groundfish stocks or a variety of
socioeconomic considerations, or if
required to cause the sum of TACs to
fall within the optimum yield range.
Sablefish OFL
For sablefish, at its October 2019
meeting, the SSC discussed the Plan
Team’s recommendation to review the
apportionment and specification of the
sablefish OFL and its status quo
apportionments in the Bering Sea (BS),
Aleutian Islands (AI), and the GOA. The
sablefish stock assessment currently
uses an Alaska-wide model that
establishes an Alaska-wide OFL, which
is then apportioned to three area
specific OFLs: BS, AI, and GOA. The
Alaska-wide OFL is currently the
measurable and objective criteria used
to monitor and assess the status of the
sablefish stock to prevent overfishing
and to determine whether overfishing
has occurred or the stock is overfished.
The 2018 sablefish SAFE report
highlights that, given extremely high
movement rates throughout their range,
sablefish are likely one Alaska-wide
stock with no sub-populations in
Alaska.
At its September 2019 meeting, the
Plan Team discussed that there did not
appear to be a conservation concern that
warranted sub-area OFLs, particularly
since the six sub-area ABC
apportionments are designed to spread
harvest across areas and prevent any
localized depletion. At its October 2019
meeting, the SSC had extensive
discussion about the appropriate
process for considering a combined
OFL, and the SSC determined that
combining the OFL is a viable option to
consider for the OFL specification for
2020 and 2021. The Plan Team and SSC
recommended that the sablefish stock
assessment include three options for
apportioning and specifying sablefish
OFLs for review at the November 2019
Plan Team and December 2019 SSC
meetings: (1) No change in the
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apportionment and specification of a BS
OFL, an AI OFL, and a GOA OFL (status
quo); (2) apportioning and specifying a
Bering Sea and Aleutian Islands (BSAI)
OFL, and a separate GOA OFL; and (3)
specifying an Alaska-wide OFL.
The SSC will review these three
options in the sablefish stock
assessment to consider a possible
change to the current sablefish OFL
apportionment during the December
Council meeting. Based on the
recommendations of the SSC, NMFS
may implement a change to the
specification of sablefish OFL in the
final 2020 and 2021 harvest
specifications.
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GOA Pacific Cod
For Pacific cod, at its October 2019
meeting, the SSC discussed the
precipitous decline of the Pacific cod
stock over recent years, which may have
substantial management implications.
The Steller sea lion harvest control
regulations at § 679.20(d)(4) state that if
a biological assessment of the Pacific
cod stock projects that the spawning
biomass in an area will be equal to or
below 20 percent of the projected
unfished spawning biomass during a
fishing year, then the Regional
Administrator will prohibit directed
fishing within that area and the directed
fishery will remain closed until a
subsequent biological assessment
projects that the spawning biomass will
exceed 20 percent of the projected
unfished spawning biomass. Also, if
Pacific cod spawning biomass falls
below the B17.5≠ level, a rebuilding plan
will be required to comply with
provisions of the Magnuson-Stevens
Act. The SSC emphasizes that both of
these scenarios are possible, given the
results from the preliminary September
2019 models.
Potential Changes Between Proposed
and Final Specifications
In previous years, the most significant
changes (relative to the amount of
assessed tonnage of fish) to the OFLs
and ABCs from the proposed to the final
harvest specifications have been based
on the most recent NMFS stock surveys.
These surveys provide updated
estimates of stock biomass and spatial
distribution, and inform changes to the
models used for producing stock
assessments. At the September 2019
Plan Team meeting, NMFS scientists
presented updated and new survey
results, potential changes to assessment
models, and accompanying, preliminary
stock estimates. At the October 2019
Council meeting, the SSC reviewed this
information. The species with possible
significant model changes are Pacific
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cod, dover sole, rex sole, flathead sole,
Pacific ocean perch, and shortraker and
rougheye rockfish. Model changes can
result in changes to final OFLs, ABCs,
and TACs.
In November 2019, the Plan Team
will consider updated stock assessments
for groundfish, which will be included
in the draft 2019 SAFE report. If the
2019 SAFE report indicates that the
stock biomass trend is increasing for a
species, then the final 2020 and 2021
harvest specifications for that species
may reflect an increase from the
proposed harvest specifications.
Conversely, if the 2019 SAFE report
indicates that the stock biomass trend is
decreasing for a species, then the final
2020 and 2021 harvest specifications
may reflect a decrease from the
proposed harvest specifications.
The proposed 2020 and 2021 OFLs,
ABCs, and TACs are based on the best
available biological and socioeconomic
information, including projected
biomass trends, information on assumed
distribution of stock biomass, and
revised technical methods used to
calculate stock biomass. The FMP
specifies the tiers to be used to compute
OFLs and ABCs. The tiers applicable to
a particular stock or stock complex are
determined by the level of reliable
information available to the fisheries
scientists. This information is
categorized into a successive series of
six tiers to define OFL and ABC
amounts, with Tier 1 representing the
highest level of information quality
available and Tier 6 representing the
lowest level of information quality
available. The Plan Team used the FMP
tier structure to calculate OFLs and
ABCs for each groundfish species. The
SSC adopted the proposed 2020 and
2021 OFLs and ABCs recommended by
the Plan Team for all groundfish
species. The Council adopted the SSC’s
OFL and ABC recommendations and the
AP’s TAC recommendations.
Specification and Apportionment of
TAC Amounts
The Council recommended proposed
2020 and 2021 TACs that are equal to
proposed ABCs for all species and
species groups, with the exception of
pollock in the combined Western and
Central Regulatory Areas and the West
Yakutat (WYK) District of the Eastern
Regulatory Area (the W/C/WYK
Regulatory Area), Pacific cod, shallowwater flatfish in the Western Regulatory
Area, arrowtooth flounder, flathead sole
in the Western and Central Regulatory
Areas, and Atka mackerel. The W/C/
WYK Regulatory Area pollock TAC and
the GOA Pacific cod TACs are set to
account for the State of Alaska’s (State’s)
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66111
guideline harvest levels (GHLs) for the
State water pollock and Pacific cod
fisheries so that the ABCs are not
exceeded. The shallow-water flatfish,
arrowtooth flounder, and flathead sole
TACs are set to allow for increased
harvest opportunities for these target
species while conserving the halibut
PSC limit for use in other fisheries. The
Atka mackerel TAC is set to
accommodate incidental catch amounts
in other fisheries. These reductions are
described below.
NMFS’s proposed apportionments of
groundfish species are based on the
distribution of biomass among the
regulatory areas over which NMFS
manages the species. Additional
regulations govern the apportionment of
pollock, Pacific cod, and sablefish.
Additional detail on apportionments of
pollock, Pacific cod, and sablefish are
described below.
The ABC for the pollock stock in the
W/C/WYK Regulatory Area accounts for
the GHL established by the State for the
Prince William Sound (PWS) pollock
fishery. The Plan Team, SSC, AP, and
Council have recommended that the
sum of all State water and Federal water
pollock removals from the GOA not
exceed ABC recommendations. For 2020
and 2021, the Council recommended the
W/C/WYK pollock ABC, including the
amount to account for the State’s PWS
GHL. At the November 2018 Plan Team
meeting, State fisheries managers
recommended setting the PWS GHL at
2.5 percent of the annual W/C/WYK
pollock ABC. For 2020, this yields a
PWS pollock GHL of 2,722 mt, a
decrease from the 2019 PWS GHL of
3,396 mt. After accounting for PWS
GHL, the 2020 and 2021 pollock ABC
for the combined W/C/WYK areas is
then apportioned among four statistical
areas (Areas 610, 620, 630, and 640) as
both ABCs and TACs, as described
below and detailed in Table 1. The total
ABCs and TACs for the four statistical
areas, plus the State GHL, do not exceed
the combined W/C/WYK ABC. The
proposed W/C/WYK 2020 and 2021
pollock ABC is 108,892 mt, and the
proposed TAC is 106,170 mt.
Apportionments of pollock to the W/
C/WYK management areas are
considered to be apportionments of
annual catch limit (ACLs) rather than
apportionments of ABCs. This more
accurately reflects that such
apportionments address management
concerns, rather than biological or
conservation concerns. In addition,
apportionments of the ACL in this
manner allow NMFS to balance any
transfer of TAC among Areas 610, 620,
and 630 pursuant to § 679.20(a)(5)(iv)(B)
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to ensure that the combined W/C/WYK
ACL, ABC, and TAC are not exceeded.
NMFS proposes pollock TACs in the
Western Regulatory Area (Area 610),
Central Regulatory Area (Areas 620 and
630), and the West Yakutat District
(Area 640) and the Southeast Outside
(SEO) District (Area 650) of the Eastern
Regulatory Area of the GOA (see Table
1). NMFS also proposes seasonal
apportionment of the annual pollock
TAC in the Western and Central
Regulatory Areas of the GOA among
Statistical Areas 610, 620, and 630.
These apportionments are divided
equally among each of the following
four seasons: The A season (January 20
through March 10), the B season (March
10 through May 31), the C season
(August 25 through October 1), and the
D season (October 1 through November
1) (§§ 679.23(d)(2)(i) through (iv), and
679.20(a)(5)(iv)(A) and (B)). Additional
detail is provided below; Table 2 lists
these amounts.
The proposed 2020 and 2021 Pacific
cod TACs are set to accommodate the
State’s GHLs for Pacific cod in State
waters in the Western and Central
Regulatory Areas, as well as in PWS (see
Table 1). The Plan Team, SSC, AP, and
Council recommended that the sum of
all State water and Federal water Pacific
cod removals from the GOA not exceed
ABC recommendations. Accordingly,
the Council set the 2020 and 2021
Pacific cod TACs in the Western,
Central, and Eastern Regulatory Areas to
account for State GHLs. Therefore, the
proposed 2020 and 2021 Pacific cod
TACs are less than the proposed ABCs
by the following amounts: (1) Western
GOA, 2,909 mt; (2) Central GOA, 2,435
mt; and (3) Eastern GOA, 540 mt. These
amounts reflect the State’s 2020 and
2021 GHLs in these areas, which are 30
percent of the Western GOA proposed
ABC, and 25 percent of the Eastern and
Central GOA proposed ABCs.
NMFS also proposes seasonal
apportionments of the Pacific cod TACs
in the Western and Central Regulatory
Areas. Sixty percent of the annual TAC
is apportioned to the A season for hookand-line, pot, and jig gear from January
1 through June 10, and for trawl gear
from January 20 through June 10. Forty
percent of the annual TAC is
apportioned to the B season for jig gear
from June 10 through December 31, for
hook-and-line and pot gear from
September 1 through December 31, and
for trawl gear from September 1 through
November 1 (§§ 679.23(d)(3) and
679.20(a)(12)). The Western and Central
GOA Pacific cod TACs are allocated
among various gear and operational
sectors. The Pacific cod sector
apportionments are discussed in detail
in a subsequent section and in Table 3
of this rule.
The Council’s recommendation for
sablefish area apportionments takes into
account the prohibition on the use of
trawl gear in the SEO District of the
Eastern Regulatory Area (§ 679.7(b)(1))
and makes available five percent of the
combined Eastern Regulatory Area
TACs to vessels using trawl gear for use
as incidental catch in other trawl
groundfish fisheries in the WYK District
(§ 679.20(a)(4)(i)). Additional detail is
provided below. Tables 4 and 5 list the
proposed 2020 and 2021 allocations of
the sablefish TAC to fixed gear and
trawl gear in the GOA.
For 2020 and 2021, the Council
recommends and NMFS proposes the
OFLs, ABCs, and TACs listed in Table
1. The proposed ABCs reflect harvest
amounts that are less than the specified
overfishing levels. These amounts are
consistent with the biological condition
of groundfish stocks as described in the
2018 SAFE report, and adjusted for
other biological and socioeconomic
considerations, including maintaining
the total TAC within the required OY
range. The sum of the proposed TACs
for all GOA groundfish is 408,534 mt for
2020 and 2021, which is within the OY
range specified by the FMP. These
proposed amounts and apportionments
by area, season, and sector are subject to
change pending consideration of the
2019 SAFE report and the Council’s
recommendations for the final 2020 and
2021 harvest specifications during its
December 2019 meeting.
TABLE 1—PROPOSED 2020 AND 2021 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST
YAKUTAT, WESTERN, CENTRAL, AND EASTERN REGULATORY AREAS, THE WEST YAKUTAT AND SOUTHEAST OUTSIDE
DISTRICTS OF THE EASTERN REGULATORY AREA, AND GULFWIDE DISTRICT OF THE GULF OF ALASKA
[Values are rounded to the nearest metric ton]
Species
Area 1
Pollock 2 ..........................................................
Shumagin (610) ..............................................
Chirikof (620) ..................................................
Kodiak (630) ...................................................
WYK (640) ......................................................
W/C/WYK (subtotal) .......................................
SEO (650) ......................................................
n/a
n/a
n/a
n/a
148,968
11,697
19,939
57,279
24,345
4,607
108,892
8,773
19,939
57,279
24,345
4,607
106,170
8,773
Total ............................................................
W ....................................................................
C .....................................................................
E .....................................................................
160,665
n/a
n/a
n/a
117,665
9,695
9,738
2,159
114,943
6,787
7,304
1,619
Total ............................................................
W ....................................................................
C .....................................................................
WYK ...............................................................
SEO ................................................................
E (WYK and SEO) (subtotal) .........................
26,078
n/a
n/a
n/a
n/a
n/a
21,592
2,105
6,931
2,433
3,993
6,426
15,709
2,105
6,931
2,433
3,993
6,426
Total ............................................................
W ....................................................................
C .....................................................................
WYK ...............................................................
SEO ................................................................
34,782
n/a
n/a
n/a
n/a
15,462
25,952
26,065
2,308
1,983
15,462
13,250
26,065
2,308
1,983
Total ............................................................
W ....................................................................
69,167
n/a
56,308
420
43,606
420
Pacific cod 3 ....................................................
lotter on DSKBCFDHB2PROD with PROPOSALS
Sablefish 4 .......................................................
Shallow-water flatfish 5 ....................................
Deep-water flatfish 6 ........................................
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Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Proposed Rules
66113
TABLE 1—PROPOSED 2020 AND 2021 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST
YAKUTAT, WESTERN, CENTRAL, AND EASTERN REGULATORY AREAS, THE WEST YAKUTAT AND SOUTHEAST OUTSIDE
DISTRICTS OF THE EASTERN REGULATORY AREA, AND GULFWIDE DISTRICT OF THE GULF OF ALASKA—Continued
[Values are rounded to the nearest metric ton]
Area 1
Species
Rex sole ..........................................................
Arrowtooth flounder .........................................
Flathead sole ..................................................
Pacific ocean perch 7 ......................................
Northern rockfish 8 ..........................................
Shortraker rockfish 9 ........................................
Dusky rockfish 10 .............................................
Rougheye and blackspotted rockfish11 ...........
Demersal shelf rockfish 12 ...............................
Thornyhead rockfish 13 ....................................
lotter on DSKBCFDHB2PROD with PROPOSALS
Other rockfish 14 15 ..........................................
Atka mackerel .................................................
Big skates 16 ....................................................
Longnose skates 17 .........................................
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OFL
ABC
TAC 2
C .....................................................................
WYK ...............................................................
SEO ................................................................
n/a
n/a
n/a
3,488
3,323
2,393
3,488
3,323
2,393
Total ............................................................
W ....................................................................
C .....................................................................
WYK ...............................................................
SEO ................................................................
11,581
n/a
n/a
n/a
n/a
9,624
2,956
8,371
1,664
1,734
9,624
2,956
8,371
1,664
1,734
Total ............................................................
W ....................................................................
C .....................................................................
WYK ...............................................................
SEO ................................................................
17,942
n/a
n/a
n/a
n/a
14,725
34,765
68,575
15,368
22,157
14,725
14,500
68,575
6,900
6,900
Total ............................................................
W ....................................................................
C .....................................................................
WYK ...............................................................
SEO ................................................................
168,634
n/a
n/a
n/a
n/a
140,865
13,771
21,965
2,097
440
96,875
8,650
15,400
2,097
440
Total ............................................................
W ....................................................................
C .....................................................................
WYK ...............................................................
W/C/WYK .......................................................
SEO ................................................................
46,666
n/a
n/a
n/a
30,128
2,748
38,273
3,125
19,024
3,192
25,341
2,311
26,587
3,125
19,024
3,192
25,341
2,311
Total ............................................................
W ....................................................................
C .....................................................................
E .....................................................................
32,876
n/a
n/a
n/a
27,652
1,122
3,147
1
27,652
1,122
3,147
........................
Total ............................................................
W ....................................................................
C .....................................................................
E .....................................................................
5,093
n/a
n/a
n/a
4,270
44
305
514
4,269
44
305
514
Total ............................................................
W ....................................................................
C .....................................................................
WYK ...............................................................
SEO ................................................................
1,151
n/a
n/a
n/a
n/a
863
774
2,742
94
60
863
774
2,742
94
60
Total ............................................................
W ....................................................................
C .....................................................................
E .....................................................................
4,484
n/a
n/a
n/a
3,670
172
545
697
3,670
172
545
697
Total ............................................................
SEO ................................................................
W ....................................................................
C .....................................................................
E .....................................................................
1,699
411
n/a
n/a
n/a
1,414
261
326
911
779
1,414
261
326
911
779
Total ............................................................
W/C combined ................................................
WYK ...............................................................
SEO ................................................................
2,688
n/a
n/a
n/a
2,016
1,737
368
3,489
2,016
1,737
368
3,489
Total ............................................................
GW .................................................................
W ....................................................................
C .....................................................................
E .....................................................................
7,356
6,200
n/a
n/a
n/a
5,594
4,700
504
1,774
570
5,594
3,000
504
1,774
570
Total ............................................................
W ....................................................................
3,797
n/a
2,848
149
2,848
149
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66114
Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Proposed Rules
TABLE 1—PROPOSED 2020 AND 2021 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST
YAKUTAT, WESTERN, CENTRAL, AND EASTERN REGULATORY AREAS, THE WEST YAKUTAT AND SOUTHEAST OUTSIDE
DISTRICTS OF THE EASTERN REGULATORY AREA, AND GULFWIDE DISTRICT OF THE GULF OF ALASKA—Continued
[Values are rounded to the nearest metric ton]
Area 1
Species
OFL
ABC
TAC 2
C .....................................................................
E .....................................................................
n/a
n/a
2,804
619
2,804
619
Other skates 18 ................................................
Sculpins ...........................................................
Sharks .............................................................
Octopuses .......................................................
Total ............................................................
GW .................................................................
GW .................................................................
GW .................................................................
GW .................................................................
4,763
1,845
6,958
10,913
1,300
3,572
1,384
5,301
8,184
975
3,572
1,384
5,301
8,184
975
Total .........................................................
.........................................................................
627,049
487,218
408,534
1 Regulatory
areas and districts are defined at § 679.2. (W = Western Gulf of Alaska; C = Central Gulf of Alaska; E = Eastern Gulf of Alaska;
WYK = West Yakutat District; SEO = Southeast Outside District; GW = Gulf-wide).
2 The total for the W/C/WYK Regulatory Areas pollock ABC is 108,892 mt. After deducting 2.5 percent (2,722 mt) of that ABC for the State’s
pollock GHL fishery, the remaining pollock ABC of 106,170 mt (for the W/C/WYK Regulatory Areas) is apportioned among four statistical areas
(Areas 610, 620, 630, and 640). These apportionments are considered subarea ACLs, rather than ABCs, for specification and reapportionment
purposes. The ACLs in Areas 610, 620, and 630 are further divided by season, as detailed in Table 2. In the West Yakutat (Area 640) and
Southeast Outside (Area 650) Districts of the Eastern Regulatory Area, pollock is not divided into seasonal allowances.
3 The annual Pacific cod TAC is apportioned 60 percent to the A season and 40 percent to the B season in the Western and Central Regulatory Areas of the GOA. Pacific cod TAC in the Eastern Regulatory Area of the GOA is allocated 90 percent to vessels harvesting Pacific cod
for processing by the inshore component and 10 percent to vessels harvesting Pacific cod for processing by the offshore component. Table 3
lists the proposed 2020 and 2021 Pacific cod seasonal apportionments.
4 Sablefish is allocated to fixed and trawl gear in 2020 and trawl gear in 2021. Tables 4 and 5 list the proposed 2020 and 2021 allocations of
sablefish TACs.
5 ‘‘Shallow-water flatfish’’ means flatfish not including ‘‘deep-water flatfish,’’ flathead sole, rex sole, or arrowtooth flounder.
6 ‘‘Deep-water flatfish’’ means Dover sole, Greenland turbot, Kamchatka flounder, and deepsea sole.
7 ‘‘Pacific ocean perch’’ means Sebastes alutus.
8 ‘‘Northern rockfish’’ means Sebastes polyspinous. For management purposes the 1 mt apportionment of ABC to the WYK District of the Eastern Regulatory Area has been included in the other rockfish species group.
9 ‘‘Shortraker rockfish’’ means Sebastes borealis.
10 ‘‘Dusky rockfish’’ means Sebastes variabilis.
11 ‘‘Rougheye and blackspotted rockfish’’ means Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
12 ‘‘Demersal shelf rockfish’’ means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S. maliger (quillback), S.
helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
13 ‘‘Thornyhead rockfish’’ means Sebastes species.
14 ‘‘Other rockfish means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S. crameri
(darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S.
zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergray), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus (vermilion), S.
reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). In the Eastern GOA only, ‘‘other rockfish’’ also includes northern rockfish
(S. polyspinous).
15 ‘‘Other rockfish’’ in the Western and Central Regulatory Areas and in the West Yakutat District of the Eastern Regulatory Area means all
rockfish species included in the ‘‘other rockfish’’ and demersal shelf rockfish categories. The ‘‘other rockfish’’ species group in the SEO District
only includes other rockfish.
16 ‘‘Big skates’’ means Raja binoculata.
17 ‘‘Longnose skates’’ means Raja rhina.
18 ‘‘Other skates’’ means Bathyraja and Raja spp.
lotter on DSKBCFDHB2PROD with PROPOSALS
Proposed Apportionment of Reserves
Section 679.20(b)(2) requires NMFS to
set aside 20 percent of each TAC for
pollock, Pacific cod, flatfish, sculpins,
sharks, and octopuses in reserve for
possible apportionment at a later date
during the fishing year. Section
679.20(b)(3) authorizes NMFS to
reapportion all or part of these reserves.
In 2019, NMFS reapportioned all of the
reserves in the final harvest
specifications. For 2020 and 2021,
NMFS proposes reapportionment of
each of the reserves for pollock, Pacific
cod, flatfish, sculpins, sharks, and
octopuses back into the original TAC
from which the reserve was derived.
NMFS expects, based on recent harvest
patterns, that such reserves will not be
necessary and that the entire TAC for
each of these species will be caught. The
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TACs in Table 1 reflect this proposed
reapportionment of reserve amounts to
the original TAC for these species and
species groups, i.e., each proposed TAC
for the above-mentioned species or
species groups contains the full TAC
recommended by the Council.
Proposed Apportionments of Pollock
TAC Among Seasons and Regulatory
Areas, and Allocations for Processing by
Inshore and Offshore Components
In the GOA, pollock is apportioned by
season and area, and is further allocated
for processing by inshore and offshore
components. Pursuant to
§ 679.20(a)(5)(iv)(B), the annual pollock
TAC specified for the Western and
Central Regulatory Areas of the GOA is
apportioned into four equal seasonal
allowances of 25 percent. As established
by § 679.23(d)(2)(i) through (iv), the A,
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B, C, and D season allowances are
available from January 20 through
March 10, March 10 through May 31,
August 25 through October 1, and
October 1 through November 1,
respectively.
Pollock TACs in the Western and
Central Regulatory Areas of the GOA are
apportioned among Statistical Areas
610, 620, and 630 in propostion to the
distribution of pollock biomass,
pursuant to § 679.20(a)(5)(iv)(A). In the
A and B seasons, the apportionments
previously were in proportion to the
distribution of pollock based on the four
most recent NMFS winter surveys. In
the C and D seasons, the
apportionments were in proportion to
the distribution of pollock based on the
four most recent NMFS summer
surveys. For 2020 and 2021, the Council
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recommends, and NMFS proposes,
following the apportionment
methodology for the A season that was
previously used for the 2019 and 2020
harvest specifications. This
methodology averages the winter and
summer distribution of pollock in the
Central Regulatory Area for the A season
instead of using the distribution based
on only the winter surveys. The average
is intended to reflect the best available
information about migration patterns,
distribution of pollock, and the
performance of the fishery in the area
during the A season for the 2019 and
2020 fishing years. For the A season, the
apportionment is based on the proposed
adjusted estimate of the relative
distribution of pollock biomass of
approximately 3 percent, 86 percent,
and 11 percent in Statistical Areas 610,
620, and 630, respectively. For the B
season, the apportionment is based on
the relative distribution of pollock
biomass of approximately 3 percent, 86
percent, and 11 percent in Statistical
Areas 610, 620, and 630, respectively.
For the C and D seasons, the
apportionment is based on the relative
distribution of pollock biomass of
approximately 37 percent, 27 percent,
and 37 percent in Statistical Areas 610,
620, and 630, respectively. The pollock
chapter of the 2018 SAFE report (see
ADDRESSES) contains a comprehensive
description of the apportionment
process and reasons for the minor
changes from past apportionments.
Within any fishing year, the amount
by which a seasonal allowance is
underharvested or overharvested may be
added to, or subtracted from,
subsequent seasonal allowances in a
manner to be determined by the
Regional Administrator
(§ 679.20(a)(5)(iv)(B)). The rollover
amount is limited to 20 percent of the
subsequent seasonal TAC
apportionment for the statistical area.
Any unharvested pollock above the 20percent limit could be further
distributed to the subsequent season in
the other statistical areas, in proportion
to the estimated biomass to the
subsequent season and in an amount no
more than 20 percent of the seasonal
TAC apportionment in those statistical
areas (§ 679.20(a)(5)(iv)(B)). The
proposed 2020 and 2021 pollock TACs
in the WYK District of 4,607 mt and the
SEO District of 8,773 mt are not
allocated by season.
66115
Table 2 lists the proposed 2020 and
2021 seasonal biomass distribution of
pollock in the Western and Central
Regulatory Areas, area apportionments,
and seasonal allowances. The amounts
of pollock for processing by the inshore
and offshore components are not shown.
Section 679.20(a)(6)(i) requires
allocation of 100 percent of the pollock
TAC in all regulatory areas and all
seasonal allowances to vessels catching
pollock for processing by the inshore
component after subtraction of amounts
projected by the Regional Administrator
to be caught by, or delivered to, the
offshore component incidental to
directed fishing for other groundfish
species. Thus, the amount of pollock
available for harvest by vessels
harvesting pollock for processing by the
offshore component is the amount that
will be taken as incidental catch during
directed fishing for groundfish species
other than pollock, up to the maximum
retainable amounts allowed by
§ 679.20(e) and (f). At this time, the
incidental catch amounts of pollock are
unknown and will be determined
during the 2020 fishing year.
TABLE 2—PROPOSED 2020 AND 2021 DISTRIBUTION OF POLLOCK IN THE CENTRAL AND WESTERN REGULATORY AREAS
OF THE GULF OF ALASKA; SEASONAL BIOMASS DISTRIBUTION, AREA APPORTIONMENTS; AND SEASONAL ALLOWANCES
OF ANNUAL TAC 1
[Values are rounded to the nearest metric ton]
Season 2
Shumagin
(Area 610)
Chirikof
(Area 620)
Total 3
Kodiak
(Area 630)
A (Jan 20–Mar 10) .......
B (Mar 10–May 31) ......
C (Aug 25–Oct 1) .........
D (Oct 1–Nov 1) ...........
680
680
9,290
9,290
(2.68%)
(2.68%)
(36.59%)
(36.59%)
21,888
21,888
6,752
6,752
(85.39%)
(85.39%)
(26.59%)
(26.59%)
2,823
2,823
9,349
9,349
(11.12%)
(11.12%)
(36.82%)
(36.82%)
25,391
25,391
25,391
25,391
Annual Total ..........
19,939
........................
57,279
........................
24,345
........................
101,564
1 Area
apportionments and seasonal allowances may not total precisely due to rounding.
established by § 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 through March 10,
March 10 through May 31, August 25 through October 1, and October 1 through November 1, respectively. The amounts of pollock for processing by the inshore and offshore components are not shown in this table.
3 The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not included in the total pollock TACs
shown in this table.
2 As
lotter on DSKBCFDHB2PROD with PROPOSALS
Proposed Annual and Seasonal
Apportionments of Pacific Cod TAC
Pursuant to § 679.20(a)(12)(i), NMFS
proposes allocations for the 2020 and
2021 Pacific cod TACs in the Western
and Central Regulatory Areas of the
GOA among gear and operational
sectors. NMFS also proposes allocating
the 2020 and 2021 Pacific cod TACs
annually between the inshore (90
percent) and offshore (10 percent)
components in the Eastern Regulatory
Area of the GOA (§ 679.20(a)(6)(ii)). In
the Central GOA, the Pacific cod TAC is
apportioned seasonally first to vessels
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using jig gear, and then among catcher
vessels (CVs) less than 50 feet in length
overall using hook-and-line gear, CVs
equal to or greater than 50 feet in length
overall using hook-and-line gear,
catcher/processors (C/Ps) using hookand-line gear, CVs using trawl gear, C/
Ps using trawl gear, and vessels using
pot gear (§ 679.20(a)(12)(i)(B)). In the
Western GOA, the Pacific cod TAC is
apportioned seasonally first to vessels
using jig gear, and then among CVs
using hook-and-line gear, C/Ps using
hook-and-line gear, CVs using trawl
gear, C/Ps using trawl gear, and vessels
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using pot gear (§ 679.20(a)(12)(i)(A)).
The overall seasonal apportionments in
the Western and Central GOA are 60
percent of the annual TAC to the A
season and 40 percent of the annual
TAC to the B season.
Under § 679.20(a)(12)(ii), any overage
or underage of the Pacific cod allowance
from the A season may be subtracted
from, or added to, the subsequent B
season allowance. In addition, any
portion of the hook-and-line, trawl, pot,
or jig sector allocations that is
determined by NMFS as likely to go
unharvested by a sector may be
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Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Proposed Rules
reallocated to other sectors for harvest
during the remainder of the fishing year.
Pursuant to § 679.20(a)(12)(i)(A) and
(B), a portion of the annual Pacific cod
TACs in the Western and Central GOA
will be allocated to vessels with a
Federal fisheries permit that use jig gear
before the TACs are apportioned among
other non-jig sectors. In accordance with
the FMP, the annual jig sector
allocations may increase to up to 6
percent of the annual Western and
Central GOA Pacific cod TACs,
depending on the annual performance
of the jig sector (see Table 1 of
Amendment 83 to the FMP for a
detailed discussion of the jig sector
allocation process (76 FR 74670,
December 1, 2011)). Jig sector allocation
increases are established for a minimum
of two years.
NMFS has evaluated the historical
harvest performance of the jig sector in
the Western and Central GOA, and
proposes 2020 and 2021 Pacific cod
apportionments to this sector based on
its historical harvest performance
through 2018. For 2020 and 2021,
NMFS proposes that the jig sector
receive 2.5 percent of the annual Pacific
cod TAC in the Western GOA. This
includes a base allocation of 1.5 percent
and an additional performance increase
of 1.0 percent. NMFS also proposes that
the jig sector receive 1.0 percent of the
annual Pacific cod TAC in the Central
GOA. This includes a base allocation of
1.0 percent and no additional
performance increase. The 2014 through
2018 Pacific cod jig allocations, catch,
and percent allocation changes are
listed in Figure 1.
FIGURE 1—SUMMARY OF WESTERN GOA AND CENTRAL GOA PACIFIC COD CATCH BY JIG GEAR IN 2014 THROUGH
2018, AND CORRESPONDING PERCENT ALLOCATION CHANGES
Area
Initial percent
of TAC
Year
Initial TAC
allocation
Percent
of initial
allocation
Catch
(mt)
>90% of initial
allocation?
Change to
percent
allocation
WGOA ..........................
2014
2015
2016
2017
2018
2.5
3.5
3.5
2.5
1.5
573
948
992
635
125
785
55
52
49
121
137
6
5
8
97
Y
N
N
N
Y
Increase 1%.
None.
Decrease 1%.
Decrease 1%.
Increase 1%.
CGOA ..........................
2014
2015
2016
2017
2018
2.0
1.0
1.0
1.0
1.0
797
460
370
331
61
262
355
267
18
0
33
77
72
6
0
N
N
N
N
N
Decrease 1%.
None.
None.
None.
None.
NMFS will re-evaluate the annual
2019 harvest performance of the jig
sector in the Western and Central GOA
when the 2019 fishing year is complete
to determine whether to change the jig
sector allocations proposed by this
action in conjunction with the final
2020 and 2021 harvest specifications.
The current catch through October 2019
by the Western GOA jig sector indicates
that the Pacific cod allocation
percentage to this sector would probably
increase by 1 percent in 2020 (from 2.5
percent to 3.5 percent). Also, the current
catch by the Central GOA jig sector
indicates that this sector’s Pacific cod
allocation percentage would not change
in 2020, and would remain at 1 percent.
The jig sector allocations for the
Western and Central GOA are further
apportioned between the A (60 percent)
and B (40 percent) seasons
(§§ 679.20(a)(12)(i) and
679.23(d)(3)(iii)).
Table 3 lists the seasonal
apportionments and allocations of the
proposed 2020 and 2021 Pacific cod
TACs.
TABLE 3—PROPOSED 2020 AND 2021 SEASONAL APPORTIONMENTS AND ALLOCATIONS OF PACIFIC COD TAC AMOUNTS
IN THE GOA; ALLOCATIONS IN THE WESTERN GOA AND CENTRAL GOA SECTORS, AND THE EASTERN GOA FOR
PROCESSING BY THE INSHORE AND OFFSHORE COMPONENTS
[Values are rounded to the nearest metric ton]
A Season
Annual
allocation
(mt)
lotter on DSKBCFDHB2PROD with PROPOSALS
Regulatory area and sector
Sector
percentage of
annual non-jig
TAC
B Season
Seasonal
allowances
(mt)
Sector
percentage of
annual non-jig
TAC
Seasonal
allowances
(mt)
Western GOA
Jig (2.5% of TAC) ................................................................
Hook-and-line CV .................................................................
Hook-and-line C/P ................................................................
Trawl CV ..............................................................................
Trawl C/P .............................................................................
Pot CV and Pot C/P .............................................................
170
93
1,310
2,541
159
2,514
N/A
0.70
10.90
27.70
0.90
19.80
102
46
721
1,833
60
1,310
N/A
0.70
8.90
10.70
1.50
18.20
68
46
589
708
99
1,204
Total ..............................................................................
6,787
60.00
4,072
40.00
2,715
Central GOA
Jig (1.0% of TAC) ................................................................
Hook-and-line <50 CV .........................................................
Hook-and-line ≥50 CV .........................................................
73
1,056
485
N/A
9.32
5.61
44
674
406
N/A
5.29
1.10
29
382
79
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Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Proposed Rules
TABLE 3—PROPOSED 2020 AND 2021 SEASONAL APPORTIONMENTS AND ALLOCATIONS OF PACIFIC COD TAC AMOUNTS
IN THE GOA; ALLOCATIONS IN THE WESTERN GOA AND CENTRAL GOA SECTORS, AND THE EASTERN GOA FOR
PROCESSING BY THE INSHORE AND OFFSHORE COMPONENTS—Continued
[Values are rounded to the nearest metric ton]
A Season
Annual
allocation
(mt)
Regulatory area and sector
Sector
percentage of
annual non-jig
TAC
B Season
Seasonal
allowances
(mt)
Sector
percentage of
annual non-jig
TAC
Seasonal
allowances
(mt)
Hook-and-line C/P ................................................................
Trawl CV 1 ............................................................................
Trawl C/P .............................................................................
Pot CV and Pot C/P .............................................................
369
3,007
304
2,010
4.11
21.13
2.00
17.83
297
1,528
145
1,289
1.00
20.45
2.19
9.97
72
1,479
159
721
Total ..............................................................................
7,304
60.00
4,382
40.00
2,921
Eastern GOA
........................
Inshore (90% of Annual TAC)
Offshore (10% of Annual TAC)
1,619
1,457
162
1 Trawl
catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 278 mt, of the annual Central GOA Pacific cod
TAC (see Table 28c to 50 CFR part 679). This apportionment is deducted from the Trawl CV B season allowance (see Table 8: Apportionments
of Rockfish Secondary Species in the Central GOA and Table 28c to 50 CFR part 679).
Proposed Allocations of the Sablefish
TAC Amounts to Vessels Using Fixed
Gear and Trawl Gear
Section 679.20(a)(4)(i) and (ii)
requires allocations of sablefish TACs
for each of the regulatory areas and
districts to fixed and trawl gear. In the
Western and Central Regulatory Areas,
80 percent of each TAC is allocated to
fixed gear, and 20 percent of each TAC
is allocated to trawl gear. In the Eastern
Regulatory Area, 95 percent of the TAC
is allocated to fixed gear, and 5 percent
is allocated to trawl gear. The trawl gear
allocation in the Eastern Regulatory
Area may be used only to support
incidental catch of sablefish while
directed fishing for other target species
using trawl gear (§ 679.20(a)(4)(i)).
In recognition of the prohibition
against trawl gear in the SEO District of
the Eastern Regulatory Area, the Council
recommended and NMFS proposes
specifying for incidental catch the
allocation of 5 percent of the combined
Eastern Regulatory Area sablefish TAC
to trawl gear in the WYK District. The
remainder of the WYK sablefish TAC is
allocated to vessels using fixed gear.
This proposed action allocates 100
percent of the sablefish TAC in the SEO
District to vessels using fixed gear. This
results in a proposed 2020 allocation of
321 mt to trawl gear and 2,112 mt to
fixed gear in the WYK District, a
proposed 2020 allocation of 3,993 mt to
fixed gear in the SEO District, and a
proposed 2021 allocation of 321 mt to
trawl gear in the WYK District. Table 4
lists the allocations of the proposed
2020 sablefish TACs to fixed and trawl
gear. Table 5 lists the allocations of the
proposed 2021 sablefish TACs to trawl
gear.
The Council recommended that the
trawl sablefish TAC be established for
two years so that retention of incidental
catch of sablefish by trawl gear could
commence in January in the second year
of the groundfish harvest specifications.
Tables 4 and 5 list the proposed 2020
and 2021 trawl allocations, respectively.
The Council recommended that the
fixed gear sablefish TAC be established
annually to ensure that the sablefish IFQ
fishery is conducted concurrently with
the halibut IFQ fishery and is based on
the most recent survey information.
Since there is an annual assessment for
sablefish and since the final harvest
specifications are expected to be
published before the IFQ season begins
(typically, in early March), the Council
recommended that the fixed gear
sablefish TAC be set annually, rather
than for 2 years, so that the best
available scientific information could be
considered in establishing the sablefish
ABCs and TACs. Accordingly, Table 4
lists the proposed 2020 fixed gear
allocations, and the 2021 fixed gear
allocations will be specified in the 2021
and 2022 harvest specifications.
With the exception of the trawl
allocations that are provided to the
Rockfish Program (see Table 28c to 50
CFR part 679), directed fishing for
sablefish with trawl gear is closed
during the fishing year. Also, fishing for
groundfish with trawl gear is prohibited
prior to January 20 (§ 679.23(c)).
Therefore, it is not likely that the
sablefish allocation to trawl gear would
be reached before the effective date of
the final 2021 and 2022 harvest
specifications.
TABLE 4—PROPOSED 2020 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATIONS TO FIXED AND TRAWL
GEAR
[Values are rounded to the nearest metric ton]
lotter on DSKBCFDHB2PROD with PROPOSALS
Area/district
Western ........................................................................................................................................
Central 1 .......................................................................................................................................
West Yakutat 2 .............................................................................................................................
Southeast Outside .......................................................................................................................
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allocation
TAC
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E:\FR\FM\03DEP1.SGM
2,105
6,931
2,433
3,993
03DEP1
1,684
5,545
2,112
3,993
Trawl
allocation
421
1,386
321
0
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Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Proposed Rules
TABLE 4—PROPOSED 2020 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATIONS TO FIXED AND TRAWL
GEAR—Continued
[Values are rounded to the nearest metric ton]
Area/district
Fixed gear
allocation
TAC
Total ......................................................................................................................................
15,462
13,334
Trawl
allocation
2,129
1 The trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the Rockfish Program cooperatives (713 mt). See
Table 8: Apportionments of Rockfish Secondary Species in the Central GOA. This results in 673 mt being available for the non-Rockfish Program
trawl fisheries.
2 The proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West Yakutat and Southeast Outside Districts combined) sablefish TAC to trawl gear in the West Yakutat District.
TABLE 5—PROPOSED 2021 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATION TO TRAWL GEAR 1
[Values are rounded to the nearest metric ton]
Area/district
Fixed gear
allocation
TAC
Trawl
allocation
Western ........................................................................................................................................
Central 2 .......................................................................................................................................
West Yakutat 3 .............................................................................................................................
Southeast Outside .......................................................................................................................
2,105
6,931
2,433
3,993
n/a
n/a
n/a
n/a
421
1,386
321
0
Total ......................................................................................................................................
15,462
n/a
2,129
1 The
Council recommended that harvest specifications for the fixed gear sablefish Individual Fishing Quota fisheries be limited to 1 year.
trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the Rockfish Program cooperatives (713 mt). See
Table 8: Apportionments of Rockfish Secondary Species in the Central GOA. This results in 673 mt being available for the non-Rockfish Program
trawl fisheries.
3 The proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West Yakutat and Southeast Outside Districts combined) sablefish TAC to trawl gear in the West Yakutat District.
2 The
lotter on DSKBCFDHB2PROD with PROPOSALS
Proposed Allocations, Apportionments,
and Sideboard Limitations for the
Rockfish Program
These proposed 2020 and 2021
harvest specifications for the GOA
include the fishery cooperative
allocations and sideboard limitations
established by the Rockfish Program.
Program participants are primarily trawl
CVs and trawl C/Ps, with limited
participation by vessels using longline
gear. The Rockfish Program assigns
quota share and cooperative quota to
participants for primary species (Pacific
ocean perch, northern rockfish, and
dusky rockfish) and secondary species
(Pacific cod, rougheye rockfish,
sablefish, shortraker rockfish, and
thornyhead rockfish), allows a
participant holding a license limitation
program (LLP) license with rockfish
quota share to form a rockfish
cooperative with other persons, and
allows holders of C/P LLP licenses to
opt out of the fishery. The Rockfish
Program also has an entry level fishery
for rockfish primary species for vessels
using longline gear. Longline gear
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includes hook-and-line, jig, troll, and
handline gear.
Under the Rockfish Program, rockfish
primary species in the Central GOA are
allocated to participants after deducting
for incidental catch needs in other
directed fisheries (§ 679.81(a)(2)).
Participants in the Rockfish Program
also receive a portion of the Central
GOA TAC of specific secondary species.
In addition to groundfish species, the
Rockfish Program allocates a portion of
the halibut PSC limit (191 mt) from the
third season deep-water species fishery
allowance for the GOA trawl fisheries to
Rockfish Program participants
(§ 679.81(d) and Table 28d to 50 CFR
part 679). The Rockfish Program also
establishes sideboard limits to restrict
the ability of harvesters that operate
under the Rockfish Program to increase
their participation in other, nonRockfish Program fisheries. These
restrictions and halibut PSC limits are
discussed in a subsequent section titled
‘‘Rockfish Program Groundfish
Sideboard and Halibut PSC
Limitations.’’
Section 679.81(a)(2)(ii) and Table 28e
to 50 CFR part 679 require allocations
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of 5 mt of Pacific ocean perch, 5 mt of
northern rockfish, and 50 mt of dusky
rockfish to the entry level longline
fishery in 2020 and 2021. The allocation
for the entry level longline fishery may
increase incrementally each year if the
catch exceeds 90 percent of the
allocation of a species. The incremental
increase in the allocation would
continue each year until it reaches the
maximum percentage of the TAC for
that species. In 2019, the catch for all
three primary species did not exceed 90
percent of any allocated rockfish
species. Therefore, NMFS is not
proposing any increases to the entry
level longline fishery 2020 and 2021
allocations in the Central GOA. The
remainder of the TACs for the rockfish
primary species would be allocated to
the CV and C/P cooperatives
(§ 679.81(a)(2)(iii)). Table 6 lists the
allocations of the proposed 2020 and
2021 TACs for each rockfish primary
species to the entry level longline
fishery, the potential incremental
increases for future years, and the
maximum percentages of the TACs for
the entry level longline fishery.
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Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Proposed Rules
TABLE 6—PROPOSED 2020 AND 2021 ALLOCATIONS OF ROCKFISH PRIMARY SPECIES TO THE ENTRY LEVEL LONGLINE
FISHERY IN THE CENTRAL GULF OF ALASKA
Rockfish primary species
2020 and 2021 allocations
Incremental increase in 2021 if >90
percent of 2020 allocation is harvested
Pacific ocean perch ................................
Northern rockfish ....................................
Dusky rockfish ........................................
5 metric tons .........................................
5 metric tons .........................................
50 metric tons .......................................
5 metric tons .........................................
5 metric tons .........................................
20 metric tons .......................................
Section 679.81 requires allocations of
rockfish primary species among various
sectors of the Rockfish Program. Table 7
lists the proposed 2020 and 2021
allocations of rockfish primary species
in the Central GOA to the entry level
longline fishery, and rockfish CV and C/
P cooperatives in the Rockfish Program.
NMFS also proposes setting aside
incidental catch amounts (ICAs) for
other directed fisheries in the Central
GOA of 3,000 mt of Pacific ocean perch,
300 mt of northern rockfish, and 250 mt
of dusky rockfish. These amounts are
based on recent average incidental
catches in the Central GOA by other
groundfish fisheries.
Allocations among vessels belonging
to CV or C/P cooperatives are not
included in these proposed harvest
specifications. Rockfish Program
applications for CV cooperatives and C/
P cooperatives are not due to NMFS
until March 1 of each calendar year;
Up to maximum
percent of each
TAC of:
1%
2%
5%
therefore, NMFS cannot calculate 2020
and 2021 allocations in conjunction
with these proposed harvest
specifications. NMFS will post the 2020
allocations on the Alaska Region
website at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/alaska-fisheriesmanagement-reports#central-goarockfish when they become available
after March 1.
TABLE 7—PROPOSED 2020 AND 2021 ALLOCATIONS OF ROCKFISH PRIMARY SPECIES IN THE CENTRAL GULF OF ALASKA
TO THE ENTRY LEVEL LONGLINE FISHERY AND ROCKFISH COOOPERATIVES IN THE ROCKFISH PROGRAM
[Values are rounded to the nearest metric ton]
Central GOA
TAC
Rockfish primary species
Incidental
catch
allowance
(ICA)
TAC minus
ICA
Allocation to
the entry level
longline1
fishery
Allocation to
the rockfish
cooperatives2
Pacific ocean perch .............................................................
Northern rockfish ..................................................................
Dusky rockfish ......................................................................
19,024
3,147
2,742
3,000
300
250
16,024
2,847
2,492
5
5
50
16,019
2,842
2,442
Total ..............................................................................
24,913
3,550
21,363
60
21,303
1 Longline
gear includes hook-and-line, jig, troll, and handline gear (§ 679.2).
2 Rockfish cooperatives include vessels in CV and C/P cooperatives (§ 679.81).
Section 679.81(c) and Table 28c to 50
CFR part 679 requires allocations of
rockfish secondary species to CV and C/
P cooperatives in the Central GOA. CV
cooperatives receive allocations of
Pacific cod, sablefish from the trawl gear
allocation, and thornyhead rockfish. C/
P cooperatives receive allocations of
sablefish from the trawl gear allocation,
rougheye and blackspotted rockfish,
shortraker rockfish, and thornyhead
rockfish. Table 8 lists the
apportionments of the proposed 2020
and 2021 TACs of rockfish secondary
species in the Central GOA to CV and
C/P cooperatives.
TABLE 8—PROPOSED 2020 AND 2021 APPORTIONMENTS OF ROCKFISH SECONDARY SPECIES IN THE CENTRAL GOA TO
CATCHER VESSEL AND CATCHER/PROCESSOR COOPERATIVES
[Values are in metric tons]
Central GOA
annual TAC
lotter on DSKBCFDHB2PROD with PROPOSALS
Rockfish secondary species
Pacific cod ............................................................................
Sablefish ..............................................................................
Shortraker rockfish ...............................................................
Rougheye and blackspotted rockfish ...................................
Thornyhead rockfish ............................................................
Halibut PSC Limits
Section 679.21(d) establishes annual
halibut PSC limit apportionments to
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Catcher vessel
cooperatives
Percentage of
TAC
Apportionment
(mt)
Percentage of
TAC
Apportionment
(mt)
3.81
6.78
0.0
0.0
7.84
278
470
0
0
71
0.0
3.51
40.00
58.87
26.50
0
243
122
321
241
7,304
6,931
305
545
911
trawl and hook-and-line gear, and
authorizes the establishment of
apportionments for pot gear. In October
2019, the Council recommended, and
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Catcher/processor
cooperatives
Sfmt 4702
NMFS now proposes, halibut PSC limits
of 1,706 mt for trawl gear, 257 mt for
hook-and-line gear, and 9 mt for the
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Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Proposed Rules
demersal shelf rockfish (DSR) fishery in
the SEO District.
The DSR fishery in the SEO District
is defined at § 679.21(d)(2)(ii)(A). This
fishery is apportioned 9 mt of the
halibut PSC limit in recognition of its
small-scale harvests of groundfish
(§ 679.21(d)(2)(i)(A)). The separate
halibut PSC limit for the DSR fishery is
intended to prevent that fishery from
being impacted from the halibut PSC
incurred by other GOA fisheries. NMFS
estimates low halibut bycatch in the
DSR fishery because (1) the duration of
the DSR fisheries and the gear soak
times are short, (2) the DSR fishery
occurs in the winter when there is less
overlap in the distribution of DSR and
halibut, and (3) the directed commercial
DSR fishery has a low DSR TAC. The
Alaska Department of Fish and Game
sets the commercial GHL for the DSR
fishery after deducting (1) estimates of
DSR incidental catch in all fisheries
(including halibut and subsistence); and
(2) the allocation to the DSR sport fish
fishery. Of the 261 mt TAC for DSR in
2019, 25 mt were available for directed
fishing by the DSR commercial fishery,
of which 18 mt were harvested (through
September 25, 2019).
The FMP authorizes the Council to
exempt specific gear from the halibut
PSC limits. NMFS, after consultation
with the Council, proposes to exempt
pot gear, jig gear, and the sablefish IFQ
hook-and-line gear fishery categories
from the non-trawl halibut PSC limit for
2020 and 2021. The Council
recommended, and NMFS is proposing,
these exemptions because (1) pot gear
fisheries have low annual halibut
bycatch mortality; (2) IFQ program
regulations prohibit discard of halibut if
any halibut IFQ permit holder on board
a CV holds unused halibut IFQ for that
vessel category and the IFQ regulatory
area in which the vessel is operating
(§ 679.7(f)(11)); (3) some sablefish IFQ
permit holders hold halibut IFQ permits
and are therefore required to retain the
halibut they catch while fishing
sablefish IFQ; and (4) NMFS estimates
negligible halibut mortality for the jig
gear fisheries given the small amount of
groundfish harvested by jig gear, the
selective nature of jig gear, and the high
survival rates of halibut caught and
released with jig gear.
The best available information on
estimated halibut bycatch consists of
data collected by fisheries observers
during 2019. The calculated halibut
bycatch mortality through October 5,
2019 is 818 mt for trawl gear and 48 mt
for hook-and-line gear for a total halibut
mortality of 866 mt. This halibut
mortality was calculated using
groundfish and halibut catch data from
the NMFS Alaska Region’s catch
accounting system. This accounting
system contains historical and recent
catch information compiled from each
Alaska groundfish fishery.
Section 679.21(d)(4)(i) and (ii)
authorizes NMFS to seasonally
apportion the halibut PSC limits after
consultation with the Council. The FMP
and regulations require that the Council
and NMFS consider the following
information in seasonally apportioning
halibut PSC limits: (1) Seasonal
distribution of halibut, (2) seasonal
distribution of target groundfish species
relative to halibut distribution, (3)
expected halibut bycatch needs on a
seasonal basis relative to changes in
halibut biomass and expected catch of
target groundfish species, (4) expected
bycatch rates on a seasonal basis, (5)
expected changes in directed groundfish
fishing seasons, (6) expected actual start
of fishing effort, and (7) economic
effects of establishing seasonal halibut
allocations on segments of the target
groundfish industry. Based on public
comment, the information presented in
the 2019 SAFE report, and catch data
from NMFS, the State, or the
International Pacific Halibut
Commission (IPHC), the Council may
recommend or NMFS may make
changes to the seasonal, gear-type, or
fishery category apportionments of
halibut PSC limits for the final 2020 and
2021 harvest specifications pursuant to
§ 679.21(d)(1) and (d)(4).
The final 2019 and 2020 harvest
specifications (84 FR 9416, March 14,
2019) summarized the Council’s and
NMFS’s findings for these FMP and
regulatory considerations with respect
to halibut PSC limits. The Council’s and
NMFS’s proposed findings for these
proposed 2020 and 2021 harvest
specifications are unchanged from the
final 2019 and 2020 harvest
specifications. Table 9 lists the
proposed 2020 and 2021 Pacific halibut
PSC limits, allowances, and
apportionments. The halibut PSC limits
in these tables reflect the halibut PSC
limits set forth at § 679.21(d)(2) and (3).
Section 679.21(d)(4)(iii) and (iv)
specifies that any underages or overages
of a seasonal apportionment of a halibut
PSC limit will be added to or deducted
from the next respective seasonal
apportionment within the fishing year.
TABLE 9—PROPOSED 2020 AND 2021 PACIFIC HALIBUT PSC LIMITS, ALLOWANCES, AND APPORTIONMENTS
[Values are in metric tons]
Hook-and-line gear 1
Trawl gear
Other than DSR
Season
Percent
Season
lotter on DSKBCFDHB2PROD with PROPOSALS
DSR
Amount
January 20–April 1 ...........
April 1–July 1 ....................
July 1–August 1 ................
30.5
20
27
519
341
462
August 1–October 1 .........
October 1–December 31 ..
7.5
15
Total ..........................
................
Percent
Amount
Season
Amount
86
2
12
221
5
31
January 1–December 31
..........................................
..........................................
9
................
................
128
256
January 1–June 10 .........
June 10–September 1 .....
September 1–December
31.
..........................................
..........................................
................
................
................
................
..........................................
..........................................
................
................
1,706
..........................................
................
257
..........................................
9
1 The Pacific halibut prohibited species catch (PSC) limit for hook-and-line gear is allocated to the demersal shelf rockfish (DSR) fishery and
fisheries other than DSR. The Council recommended and NMFS proposes that the hook-and-line sablefish fishery, and the pot and jig gear
groundfish fisheries, be exempt from halibut PSC limits.
Section 679.21(d)(3)(ii) authorizes
further apportionment of the trawl
halibut PSC limit as bycatch allowances
to trawl fishery categories listed in
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§ 679.21(d)(3)(iii). The annual
apportionments are based on each
category’s share of the anticipated
halibut bycatch mortality during a
PO 00000
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Sfmt 4702
fishing year and optimization of the
total amount of groundfish harvest
under the halibut PSC limit. The fishery
categories for the trawl halibut PSC
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Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Proposed Rules
limits are (1) a deep-water species
fishery, composed of sablefish, rockfish,
deep-water flatfish, rex sole, and
arrowtooth flounder; and (2) a shallowwater species fishery, composed of
pollock, Pacific cod, shallow-water
flatfish, flathead sole, Atka mackerel,
skates, and ‘‘other species’’ (sculpins,
sharks, and octopuses)
(§ 679.21(d)(3)(iii)). Halibut mortality
incurred while directed fishing for
skates with trawl gear accrues towards
the shallow-water species fishery
halibut PSC limit (69 FR 26320, May 12,
2004). Table 10 lists the proposed 2020
and 2021 seasonal apportionments of
trawl halibut PSC limits between the
trawl gear deep-water and the shallowwater species fisheries.
NMFS will combine available trawl
halibut PSC limit apportionments in
part of the second season deep-water
and shallow-water species fisheries for
use in either fishery from May 15
through June 30 (§ 679.21(d)(4)(iii)(D)).
This is intended to maintain groundfish
harvest while minimizing halibut
bycatch by these sectors to the extent
practicable. This provides the trawl gear
deep-water and shallow-water species
fisheries additional flexibility and the
incentive to participate in fisheries at
times of the year that may have lower
halibut PSC rates relative to other times
of the year.
Table 28d to 50 CFR part 679 specifies
the amount of the trawl halibut PSC
limit that is assigned to the CV and C/
P sectors that are participating in the
Central GOA Rockfish Program. This
includes 117 mt of halibut PSC limit to
the CV sector and 74 mt of halibut PSC
limit to the C/P sector. These amounts
are allocated from the trawl deep-water
66121
species fishery’s halibut PSC third
seasonal apportionment. After the
combined CV and C/P halibut PSC limit
allocation of 191 mt to the Rockfish
Program, 150 mt remains for the trawl
deep-water species fishery’s halibut PSC
third seasonal apportionment.
Section 679.21(d)(4)(iii)(B) limits the
amount of the halibut PSC limit
allocated to Rockfish Program
participants that could be reapportioned to the general GOA trawl
fisheries to no more than 55 percent of
the unused annual halibut PSC limit
apportioned to Rockfish Program
participants. The remainder of the
unused Rockfish Program halibut PSC
limit is unavailable for use by any
person for the remainder of the fishing
year (§ 679.21(d)(4)(iii)(C)).
TABLE 10—PROPOSED 2020 AND 2021 SEASONAL APPORTIONMENTS OF THE PACIFIC HALIBUT PSC LIMIT APPORTIONED
BETWEEN THE TRAWL GEAR SHALLOW-WATER AND DEEP-WATER SPECIES FISHERIES
[Values are in metric tons]
Season
Shallow-water
Deep-water 1
Total
January 20–April 1 .......................................................................................................................
April 1–July 1 ...............................................................................................................................
July 1–August 1 ...........................................................................................................................
August 1–October 1 .....................................................................................................................
384
85
121
53
135
256
341
75
519
341
462
128
Subtotal, January 20–October 1 ..................................................................................................
643
807
1,450
October 1–December 31 2 ...........................................................................................................
........................
........................
256
Total ......................................................................................................................................
........................
........................
1,706
1 Vessels
lotter on DSKBCFDHB2PROD with PROPOSALS
participating in cooperatives in the Rockfish Program will receive 191 mt of the third season (July 1 through August 1) deep-water
species fishery halibut PSC apportionment.
2 There is no apportionment between trawl shallow-water and deep-water species fisheries during the fifth season (October 1 through December 31).
Section 679.21(d)(2) requires that the
‘‘other hook-and-line fishery’’ halibut
PSC limit apportionment to vessels
using hook-and-line gear be divided
between CVs and C/Ps. NMFS must
calculate the halibut PSC limit
apportionments for the entire GOA to
hook-and-line CVs and C/Ps in
accordance with § 679.21(d)(2)(iii) and
in conjunction with these harvest
specifications. A comprehensive
description and example of the
calculations necessary to apportion the
‘‘other hook-and-line fishery’’ halibut
PSC limit between the hook-and-line CV
and C/P sectors were included in the
proposed rule to implement
Amendment 83 to the FMP (76 FR
VerDate Sep<11>2014
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44700, July 26, 2011) and are not
repeated here.
For 2020 and 2021, NMFS proposes
annual halibut PSC limit
apportionments of 120 mt and 137 mt to
the hook-and-line CV and hook-and-line
C/P sectors, respectively. The 2020 and
2021 annual halibut PSC limits are
divided into three seasonal
apportionments, using seasonal
percentages of 86 percent, 2 percent,
and 12 percent. Table 11 lists the
proposed 2020 and 2021 annual halibut
PSC limits and seasonal apportionments
between the hook-and-line CV and
hook-and-line C/P sectors in the GOA.
No later than November 1 each year,
any halibut PSC limit allocated under
§ 679.21(d)(2)(ii)(B) not projected by the
PO 00000
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Fmt 4702
Sfmt 4702
Regional Administrator to be used by
one of the hook-and-line sectors during
the remainder of the fishing year will be
made available to the other sector.
NMFS calculates the projected unused
amount of halibut PSC limit by either
the CV hook-and-line or the C/P hookand-line sectors of the ‘‘other hook-andline fishery’’ for the remainder of the
year. The projected unused amount of
halibut PSC limit by either of these
sectors is made available to the
remaining hook-and-line sector for the
remainder of that fishing year if NMFS
determines that an additional amount of
halibut PSC limit is necessary for that
sector to continue its directed fishing
operations (§ 679.21(d)(2)(iii)(C)).
E:\FR\FM\03DEP1.SGM
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Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Proposed Rules
TABLE 11—PROPOSED 2020 AND 2021 APPORTIONMENTS OF THE ‘‘OTHER HOOK-AND-LINE FISHERIES’’ HALIBUT PSC
ALLOWANCE BETWEEN THE HOOK-AND-LINE GEAR CATCHER VESSEL AND CATCHER/PROCESSOR SECTORS
[Values are in metric tons]
‘‘Other than
DSR’’
allowance
Hook-and-line sector
257 ................
Catcher Vessel ..................................
120
Catcher/Processor .............................
137
Halibut Discard Mortality Rates
To monitor halibut bycatch mortality
allowances and apportionments, the
Regional Administrator uses observed
halibut incidental catch rates, halibut
discard mortality rates (DMRs), and
estimates of groundfish catch to project
when a fishery’s halibut bycatch
mortality allowance or seasonal
apportionment is reached. Halibut
incidental catch rates are based on
observers’ estimates of halibut
incidental catch in the groundfish
fishery. DMRs are estimates of the
proportion of incidentally caught
halibut that do not survive after being
returned to the sea. The cumulative
halibut mortality that accrues to a
particular halibut PSC limit is the
product of a DMR multiplied by the
estimated halibut PSC. DMRs are
estimated using the best scientific
information available in conjunction
with the annual GOA stock assessment
process. The DMR methodology and
findings are included as an appendix to
the annual GOA groundfish SAFE
report.
In 2016, the DMR estimation
methodology underwent revisions per
the Council’s directive. An interagency
Sector annual
amount
Seasonal
percentage
Season
January 1–June 10 ...........................
June 10–September 1 .......................
September 1–December 31 ..............
January 1–June 10 ...........................
June 10–September 1 .......................
September 1–December 31 ..............
halibut working group (IPHC, Council,
and NMFS staff) developed improved
estimation methods that have
undergone review by the Plan Team, the
SSC, and the Council. A summary of the
revised methodology is contained in the
GOA proposed 2017 and 2018 harvest
specifications (81 FR 87881, December
6, 2016), and the comprehensive
discussion of the working group’s
statistical methodology is available from
the Council (see ADDRESSES). The DMR
working group’s revised methodology is
intended to improve estimation
accuracy, transparency, and
transferability in the methodology used
for calculating DMRs. The working
group will continue to consider
improvements to the methodology used
to calculate halibut mortality, including
potential changes to the reference
period (the period of data used for
calculating the DMRs). Future DMRs
may change based on additional years of
observer sampling, which could provide
more recent and accurate data and
which could improve the accuracy of
estimation and progress on
methodology. The methodology will
continue to ensure that NMFS is using
DMRs that more accurately reflect
halibut mortality, which will inform the
86
2
12
86
2
12
Sector
seasonal
amount
103
2
14
118
3
16
different sectors of their estimated
halibut mortality and allow specific
sectors to respond with methods that
could reduce mortality and, eventually,
the DMR for that sector.
In October 2019, the Council
recommended adopting the halibut
DMRs derived from the revised
methodology for the proposed 2020 and
2021 DMRs. The proposed 2020 and
2021 DMRs use an updated 2-year
reference period of 2017 and 2018.
Comparing the proposed 2020 and 2021
DMRs to the final DMRs from the 2019
and 2020 harvest specifications, the
proposed DMR for Rockfish Program
CVs using non-pelagic trawl gear
increased to 52 percent from 49 percent,
the proposed DMR for non-Rockfish
Program C/Vs using non-pelagic trawl
gear increased to 68 percent from 67
percent, the proposed DMR for C/Ps and
motherships using non-pelagic trawl
gear decreased to 75 percent from 79
percent, the proposed DMR for CVs
using hook-and-line gear decreased to
13 percent from 21 percent, and the
proposed DMR for C/Ps and CVs using
pot gear decreased to 0 percent from 4
percent. Table 12 lists the proposed
2020 and 2021 DMRs.
TABLE 12—PROPOSED 2020 AND 2021 DISCARD MORTALITY RATES FOR VESSELS FISHING IN THE GULF OF ALASKA
[Values are percent of halibut assumed to be dead]
Gear
Sector
Groundfish fishery
Pelagic trawl ............................................
Catcher vessel .........................................
Catcher/processor ...................................
Catcher vessel .........................................
Catcher vessel .........................................
Mothership and catcher/processor ..........
Catcher/processor ...................................
Catcher vessel .........................................
Catcher vessel and catcher/processor ....
All .............................................................
All .............................................................
Rockfish Program ....................................
All others .................................................
All .............................................................
All .............................................................
All .............................................................
All .............................................................
lotter on DSKBCFDHB2PROD with PROPOSALS
Non-pelagic trawl .....................................
Hook-and-line ..........................................
Pot ...........................................................
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E:\FR\FM\03DEP1.SGM
03DEP1
Halibut
discard
mortality rate
(percent)
100
100
52
68
75
11
13
0
Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Proposed Rules
Chinook Salmon Prohibited Species
Catch Limits
Amendment 93 to the FMP (77 FR
42629, July 20, 2012) established
separate Chinook salmon PSC limits in
the Western and Central regulatory areas
of the GOA in the pollock trawl directed
fishery. These limits require that NMFS
close directed fishing for pollock in the
Western and Central GOA if the
applicable Chinook salmon PSC limit is
reached (§ 679.21(h)(8)). The annual
Chinook salmon PSC limits in the
pollock trawl directed fishery of 6,684
salmon in the Western GOA and 18,316
salmon in the Central GOA are set in
§ 679.21(h)(2)(i) and (ii).
Amendment 97 to the FMP (79 FR
71350, December 2, 2014) established an
initial annual PSC limit of 7,500
Chinook salmon for the non-pollock
groundfish trawl fisheries in the
Western and Central GOA. This limit is
apportioned among three sectors: 3,600
Chinook salmon to trawl C/Ps; 1,200
Chinook salmon to trawl CVs
participating in the Rockfish Program;
and 2,700 Chinook salmon to trawl CVs
not participating in the Rockfish
Program (§ 679.21(h)(4)). NMFS will
monitor the Chinook salmon PSC in the
non-pollock GOA groundfish fisheries
and close an applicable sector if it
reaches its Chinook salmon PSC limit.
The Chinook salmon PSC limit for
two sectors, trawl C/Ps and trawl CVs
not participating in the Rockfish
Program, may be increased in
subsequent years based on the
performance of these two sectors and
their ability to minimize their use of
their respective Chinook salmon PSC
limits. If either or both of these two
sectors limit its use of Chinook salmon
PSC to a certain threshold amount in
2019 (3,120 for trawl C/Ps and 2,340 for
non-Rockfish Program trawl CVs), that
sector will receive an increase to its
2020 Chinook salmon PSC limit (4,080
for trawl C/Ps and 3,060 for nonRockfish Program trawl CVs)
(§ 679.21(h)(4)). NMFS will evaluate the
annual Chinook salmon PSC by trawl C/
Ps and non-Rockfish Program trawl CVs
when the 2019 fishing year is complete
to determine whether to increase the
Chinook salmon PSC limits for these
two sectors. Based on preliminary 2019
Chinook salmon PSC data, the trawl C/
P sector may receive an incremental
increase of Chinook salmon PSC limit in
2020, and the non-Rockfish Program
trawl CV sector may not receive an
incremental increase of Chinook salmon
PSC limit in 2020. This evaluation will
be completed in conjunction with the
final 2020 and 2021 harvest
specifications.
AFA C/P and CV Groundfish Sideboard
Limits
Section 679.64 establishes groundfish
harvesting and processing sideboard
limits on AFA C/Ps and CVs in the
GOA. These sideboard limits are
necessary to protect the interests of
fishermen and processors who do not
directly benefit from the AFA from
those fishermen and processors who
receive exclusive harvesting and
processing privileges under the AFA.
Section 679.7(k)(1)(ii) prohibits listed
AFA C/Ps and C/Ps designated on a
listed AFA C/P permit from harvesting
any species of fish in the GOA.
Additionally, § 679.7(k)(1)(iv) prohibits
listed AFA C/Ps and C/Ps designated on
66123
a listed AFA C/P permit from processing
any pollock harvested in a directed
pollock fishery in the GOA and any
groundfish harvested in Statistical Area
630 of the GOA.
AFA CVs that are less than 125 ft
(38.1 meters) length overall, have
annual landings of pollock in the Bering
Sea and Aleutian Islands of less than
5,100 mt, and have made at least 40
landings of GOA groundfish from 1995
through 1997 are exempt from GOA CV
groundfish sideboard limits under
§ 679.64(b)(2)(ii). Sideboard limits for
non-exempt AFA CVs in the GOA are
based on their traditional harvest levels
of TAC in groundfish fisheries covered
by the FMP. Section 679.64(b)(3)(iv)
establishes for CVs the groundfish
sideboard limits in the GOA based on
the aggregate retained catch of nonexempt AFA CVs of each sideboard
species from 1995 through 1997 divided
by the TAC for that species over the
same period.
NMFS published a final rule (84 FR
2723, February 8, 2019) that
implemented regulations to prohibit
non-exempt AFA CVs from directed
fishing for specific groundfish species or
species groups subject to sideboard
limits (§ 679.20(d)(1)(iv)(D) and Table
56 to 50 CFR part 679). Sideboard limits
not subject to the final rule continue to
be calculated and included in the GOA
annual harvest specifications.
Table 13 lists the proposed 2020 and
2021 groundfish sideboard limits for
non-exempt AFA CVs. NMFS will
deduct all targeted or incidental catch of
sideboard species made by non-exempt
AFA CVs from the sideboard limits
listed in Table 13.
TABLE 13—PROPOSED 2020 AND 2021 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV)
GROUNDFISH SIDEBOARD LIMITS
[Values are rounded to the nearest metric ton]
Species
Apportionments by season/gear
Area/component
Pollock .......................
A Season ....................................
January 20–March 10 .................
Shumagin (610) ........
Chirikof (620) ............
Kodiak (630) .............
Shumagin (610) ........
Chirikof (620) ............
Kodiak (630) .............
Shumagin (610) ........
Chirikof (620) ............
Kodiak (630) .............
Shumagin (610) ........
Chirikof (620) ............
Kodiak (630) .............
WYK (640) ................
SEO (650) .................
W ...............................
lotter on DSKBCFDHB2PROD with PROPOSALS
B Season ....................................
March 10–May 31 .......................
C Season ....................................
August 25–October 1 .................
D Season ....................................
October 1–November 1 ..............
Annual .........................................
Pacific cod .................
VerDate Sep<11>2014
A Season 1 ..................................
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Ratio of
1995–1997
non-exempt
AFA CV catch
to 1995–1997
TAC
Proposed
2020 and 2021
TACs 3
0.6047
0.1167
0.2028
0.6047
0.1167
0.2028
0.6047
0.1167
0.2028
0.6047
0.1167
0.2028
0.3495
0.3495
0.1331
E:\FR\FM\03DEP1.SGM
680
21,888
2,823
680
21,888
2,823
9,290
6,752
9,349
9,290
6,752
9,349
4,607
8,773
4,072
03DEP1
Proposed
2020 and 2021
non-exempt
AFA CV
sideboard limit
411
2,554
573
411
2,554
573
5,617
788
1,896
5,617
788
1,896
1,610
3,066
542
66124
Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Proposed Rules
TABLE 13—PROPOSED 2020 AND 2021 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV)
GROUNDFISH SIDEBOARD LIMITS—Continued
[Values are rounded to the nearest metric ton]
Species
Apportionments by season/gear
Area/component
Flatfish, shallow-water
January 1–June 10 .....................
B Season 2 ..................................
September 1–December 31 .......
Annual .........................................
Flatfish, deep-water ..
Annual .........................................
Rex sole ....................
Arrowtooth flounder ...
Flathead sole ............
Pacific ocean perch ..
Annual
Annual
Annual
Annual
Northern rockfish .......
Annual .........................................
C ...............................
W ...............................
C ...............................
W ...............................
C ...............................
C ...............................
E ................................
C ...............................
C ...............................
C ...............................
C ...............................
E ................................
C ...............................
1 The
2 The
3 The
.........................................
.........................................
.........................................
.........................................
Ratio of
1995–1997
non-exempt
AFA CV catch
to 1995–1997
TAC
Proposed
2020 and 2021
non-exempt
AFA CV
sideboard limit
Proposed
2020 and 2021
TACs 3
0.0692
0.1331
0.0692
0.0156
0.0587
0.0647
0.0128
0.0384
0.0280
0.0213
0.0748
0.0466
0.0277
4,382
2,715
2,921
13,250
26,065
3,488
5,716
8,371
68,575
15,400
19,024
5,503
3,147
303
361
202
207
1,530
226
73
321
1,920
328
1,423
256
87
Pacific cod A season for trawl gear does not open until January 20.
Pacific cod B season for trawl gear closes November 1.
Western and Central GOA and WYK District area apportionments of pollock are considered ACLs.
Non-Exempt AFA Catcher Vessel
Halibut PSC Sideboard Limits
The halibut PSC sideboard limits for
non-exempt AFA CVs in the GOA are
based on the aggregate retained
groundfish catch by non-exempt AFA
CVs in each PSC target category from
1995 through 1997 divided by the
retained catch of all vessels in that
fishery from 1995 through 1997
(§ 679.64(b)(4)(ii)). Table 14 lists the
proposed 2020 and 2021 non-exempt
AFA CV halibut PSC sideboard limits
for vessels using trawl gear in the GOA.
TABLE 14—PROPOSED 2020 AND 2021 NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL HALIBUT PSC
SIDEBOARD LIMITS FOR VESSELS USING TRAWL GEAR IN THE GOA
[PSC limits are rounded to the nearest metric ton]
Ratio of
1995–1997
non-exempt
AFA CV
retained
catch to total
retained
catch
Proposed
2020 and
2021
non-exempt
AFA CV
PSC limit
Season
Season dates
Fishery
category
1 ...............
January 20–April 1 ..............................
2 ...............
April 1–July 1 .......................................
3 ...............
July 1—August 1 .................................
4 ...............
August 1—October 1 ...........................
5 ...............
October 1—December 31 ...................
shallow-water .......................................
deep-water ...........................................
shallow-water .......................................
deep-water ...........................................
shallow-water .......................................
deep-water ...........................................
shallow-water .......................................
deep-water ...........................................
all targets .............................................
0.340
0.070
0.340
0.070
0.340
0.070
0.340
0.070
0.205
384
135
85
256
121
341
53
75
256
131
9
29
18
41
24
18
5
52
Annual .................................................................
Total shallow-water .............................
........................
........................
219
Total deep-water .................................
........................
........................
56
1,706
327
Grand Total, all seasons and categories
lotter on DSKBCFDHB2PROD with PROPOSALS
Proposed
2020 and
2021
PSC limit
Non-AFA Crab Vessel Groundfish
Sideboard Limits
Section 680.22 establishes groundfish
sideboard limits for vessels with a
history of participation in the Bering
Sea snow crab fishery to prevent these
vessels from using the increased
flexibility provided by the CR Program
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17:32 Dec 02, 2019
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to expand their level of participation in
the GOA groundfish fisheries. Sideboard
harvest limits restrict these vessels’
catch to their collective historical
landings in each GOA groundfish
fishery (except the fixed-gear sablefish
fishery). Sideboard limits also apply to
landings made using an LLP license
PO 00000
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Fmt 4702
Sfmt 4702
derived from the history of a restricted
vessel, even if that LLP license is used
on another vessel.
The basis for these sideboard harvest
limits is described in detail in the final
rules implementing the major
provisions of the CR Program, including
Amendments 18 and 19 to the Fishery
E:\FR\FM\03DEP1.SGM
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Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Proposed Rules
Management Plan for Bering Sea/
Aleutian Islands King and Tanner Crabs
(Crab FMP) (70 FR 10174, March 2,
2005), Amendment 34 to the Crab FMP
(76 FR 35772, June 20, 2011),
Amendment 83 to the GOA FMP (76 FR
74670, December 1, 2011), and
Amendment 45 to the Crab FMP (80 FR
28539, May 19, 2015). Also, NMFS
published a final rule (84 FR 2723,
February 8, 2019) that implemented
regulations to prohibit non-AFA crab
vessels from directed fishing for all
groundfish species or species groups
subject to sideboard limits, except for
Pacific cod apportioned to CVs using
pot gear in the Western and Central
Regulatory Areas (§ 680.22(e)(1)(iii)).
Table 15 lists the proposed 2020 and
2021 groundfish sideboard limits for
non-AFA crab vessels not subject to the
directed fishing prohibition under
§ 680.22(e)(1)(iii). All targeted or
incidental catch of sideboard species
made by non-AFA crab vessels or
associated LLP licenses will be
deducted from these sideboard limits.
TABLE 15—PROPOSED 2020 AND 2021 GOA NON-AMERICAN FISHERIES ACT CRAB VESSEL GROUNDFISH SIDEBOARD
LIMITS
[Values are rounded to the nearest metric ton]
Species
Season/gear
Area/component/gear
Ratio of 1996–
2000 non-AFA
crab vessel
catch to
1996–2000
total harvest
Pacific cod .................
A Season: January 1–June 10 .....................
Central Pot CV
B Season: September 1–December 31 .......
Central Pot CV
Western Pot CV ........
0.0474 .......................
Western Pot CV ........
0.0474 .......................
0.0997
4,382
0.0997
2,921
Rockfish Program Groundfish Sideboard
and Halibut PSC Limitations
The Rockfish Program establishes
three classes of sideboard provisions:
CV groundfish sideboard restrictions, C/
P rockfish sideboard restrictions, and C/
P opt-out vessel sideboard restrictions
(§ 679.82(c)(1)). These sideboards are
intended to limit the ability of rockfish
harvesters to expand into other
fisheries.
CVs participating in the Rockfish
Program may not participate in directed
fishing for dusky rockfish, Pacific ocean
perch, and northern rockfish in the
Western GOA and West Yakutat District
from July 1 through July 31. Also, CVs
may not participate in directed fishing
for arrowtooth flounder, deep-water
flatfish, and rex sole in the GOA from
July 1 through July 31 (§ 679.82(d)).
C/Ps participating in Rockfish
Program cooperatives are restricted by
rockfish and halibut PSC sideboard
limits. These C/Ps are prohibited from
directed fishing for dusky rockfish,
Pacific ocean perch, and northern
rockfish in the Western GOA and West
Yakutat District from July 1 through July
31 (§ 679.82(e)(2)). Holders of C/Pdesignated LLP licenses that opt out of
Proposed
2020 and
2021 non-AFA
crab vessel
sideboard limit
Proposed
2020 and
2021 TACs
4,072
208
2,715
138
406
271
participating in a Rockfish Program
cooperative will be able to access that
portion of each rockfish sideboard limits
that is not assigned to Rockfish Program
cooperatives (§ 679.82(e)(7)). The
sideboard ratio for each rockfish fishery
in the Western GOA and West Yakutat
District is set forth in § 679.82(e)(4).
Table 16 lists the proposed 2020 and
2021 Rockfish Program C/P rockfish
sideboard limits in the Western GOA
and West Yakutat District. Due to
confidentiality requirements associated
with fisheries data, the sideboard limits
for the West Yakutat District are not
displayed.
TABLE 16—PROPOSED 2020 AND 2021 ROCKFISH PROGRAM SIDEBOARD LIMITS FOR THE WESTERN GOA AND WEST
YAKUTAT DISTRICT BY FISHERY FOR THE CATCHER/PROCESSOR (C/P) SECTOR
[Values are rounded to the nearest metric ton]
Area
Fishery
C/P sector
(% of TAC)
Western GOA .................
Dusky rockfish ........................................................
Pacific ocean perch ................................................
Northern rockfish ....................................................
Dusky rockfish ........................................................
Pacific ocean perch ................................................
72.3 ................................
50.6 ................................
74.3 ................................
Confidential 1 ..................
Confidential 1 ..................
West Yakutat District ......
lotter on DSKBCFDHB2PROD with PROPOSALS
1 Not
Proposed
2020 and
2021 TACs
774
3,125
1,122
94
3,192
Proposed
2020 and 2021
C/P sideboard
limit
560.
1,581.
834.
Confidential. 1
Confidential. 1
released due to confidentiality requirements associated with fish ticket data, as established by NMFS and the State of Alaska.
Under the Rockfish Program, the C/P
sector is subject to halibut PSC
sideboard limits for the trawl deepwater and shallow-water species
fisheries from July 1 through July 31
(§ 679.82(e)(3) and (e)(5)). Halibut PSC
sideboard ratios by fishery are set forth
in § 679.82(e)(5). No halibut PSC
sideboard limits apply to the CV sector,
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as vessels participating in a rockfish
cooperative receive a portion of the
annual halibut PSC limit. C/Ps that opt
out of the Rockfish Program would be
able to access that portion of the deepwater and shallow-water halibut PSC
sideboard limit not assigned to C/P
rockfish cooperatives. The sideboard
provisions for C/Ps that elect to opt out
PO 00000
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Fmt 4702
Sfmt 4702
of participating in a rockfish cooperative
are described in § 679.82(c), (e), and (f).
Sideboard limits are linked to the catch
history of specific vessels that may
choose to opt out. After March 1, NMFS
will determine which C/Ps have optedout of the Rockfish Program in 2020,
and will know the ratios and amounts
used to calculate opt-out sideboard
E:\FR\FM\03DEP1.SGM
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Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Proposed Rules
ratios. NMFS will then calculate any
applicable opt-out sideboard limits for
2020 and post these limits on the Alaska
Region website at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/alaska-fisheriesmanagement-reports#central-goarockfish. Table 17 lists the proposed
2020 and 2021 Rockfish Program halibut
PSC limits for the C/P sector.
TABLE 17—PROPOSED 2020 AND 2021 ROCKFISH PROGRAM HALIBUT PSC LIMITS FOR THE CATCHER/PROCESSOR
SECTOR
[Values are rounded to the nearest metric ton]
Sector
Shallow-water
species fishery
halibut PSC
sideboard ratio
(percent)
Deep-water
species fishery
halibut PSC
sideboard ratio
(percent)
Annual halibut
PSC limit
(mt)
Annual
shallow-water
species fishery
halibut PSC
sideboard limit
(mt)
Annual
deep-water
species fishery
halibut PSC
sideboard limit
(mt)
Catcher/processor ................................................................
0.10
2.50
1,706
2
43
Amendment 80 Program Groundfish
and PSC Sideboard Limits
Amendment 80 to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (Amendment 80
Program) established a limited access
privilege program for the non-AFA trawl
C/P sector. The Amendment 80 Program
established groundfish and halibut PSC
limits for Amendment 80 Program
participants to limit the ability of
participants eligible for the Amendment
80 Program to expand their harvest
efforts in the GOA.
Section 679.92 establishes groundfish
harvesting sideboard limits on all
Amendment 80 Program vessels, other
than the F/V Golden Fleece, to amounts
no greater than the limits shown in
Table 37 to 50 CFR part 679. Under
§ 679.92(d), the F/V Golden Fleece is
prohibited from directed fishing for
pollock, Pacific cod, Pacific ocean
perch, dusky rockfish, and northern
rockfish in the GOA.
Groundfish sideboard limits for
Amendment 80 Program vessels
operating in the GOA are based on their
average aggregate harvests from 1998
through 2004 (72 FR 52668, September
14, 2007). Table 18 lists the proposed
2020 and 2021 groundfish sideboard
limits for Amendment 80 Program
vessels. NMFS will deduct all targeted
or incidental catch of sideboard species
made by Amendment 80 Program
vessels from the sideboard limits in
Table 18.
TABLE 18—PROPOSED 2020 AND 2021 GOA GROUNDFISH SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS
[Values are rounded to the nearest metric ton]
Species
Season
Area
Pollock ............................
A Season: January 20–March 10 ......
Shumagin (610) .............
Chirikof (620) .................
Kodiak (630) ..................
Shumagin (610) .............
Chirikof (620) .................
Kodiak (630) ..................
Shumagin (610) .............
Chirikof (620) .................
Kodiak (630) ..................
Shumagin (610) .............
Chirikof (620) .................
Kodiak (630) ..................
WYK (640) .....................
W ....................................
C ....................................
W ....................................
C ....................................
WYK ...............................
W ....................................
WYK ...............................
W ....................................
W ....................................
WYK ...............................
B Season: March 10–May 31 ............
C Season: August 25–October 1 .......
D Season: October 1–November 1 ...
lotter on DSKBCFDHB2PROD with PROPOSALS
Ratio of
Amendment
80 sector
vessels
1998–2004
catch to TAC
Pacific cod ......................
Annual ................................................
A Season 1 January 1–June 10 .........
Pacific ocean perch ........
B Season 2 September 1–December
31.
Annual ................................................
Annual ................................................
Northern rockfish ............
Dusky rockfish ................
Annual ................................................
Annual ................................................
1 The
2 The
0.003
0.002
0.002
0.003
0.002
0.002
0.003
0.002
0.002
0.003
0.002
0.002
0.002
0.020
0.044
0.020
0.044
0.034
0.994
0.961
1.000
0.764
0.896
Pacific cod A season for trawl gear does not open until January 20.
Pacific cod B season for trawl gear closes November 1.
VerDate Sep<11>2014
17:32 Dec 02, 2019
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PO 00000
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Fmt 4702
Sfmt 4702
E:\FR\FM\03DEP1.SGM
03DEP1
Proposed
2020 and
2021
TAC (mt)
680
21,888
2,823
680
21,888
2,823
9,290
6,752
9,349
9,290
6,752
9,349
4,607
4,072
4,382
2,715
2,921
1,619
3,125
3,192
1,122
774
94
Proposed
2020 and
2021
Amendment
80 vessel
sideboard
limits
(mt)
2
44
6
2
44
6
28
14
19
28
14
19
9
81
193
54
129
55
3,106
3,068
1,122
591
84
Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Proposed Rules
The halibut PSC sideboard limits for
Amendment 80 Program vessels in the
GOA are based on the historical use of
halibut PSC by Amendment 80 Program
vessels in each PSC target category from
1998 through 2004. These values are
slightly lower than the average
historical use to accommodate two
factors: Allocation of halibut PSC
cooperative quota under the Rockfish
Program and the exemption of the F/V
Golden Fleece from this restriction
(§ 679.92(b)(2)). Table 19 lists the
proposed 2020 and 2021 halibut PSC
sideboard limits for Amendment 80
Program vessels. These tables
66127
incorporate the maximum percentages
of the halibut PSC sideboard limits that
may be used by Amendment 80 Program
vessels as contained in Table 38 to 50
CFR part 679. Any residual amount of
a seasonal Amendment 80 halibut PSC
sideboard limit may carry forward to the
next season limit (§ 679.92(b)(2)).
TABLE 19—PROPOSED 2020 AND 2021 HALIBUT PSC SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS IN
THE GOA
[Values are rounded to the nearest metric ton]
Historic
Amendment
80 use of the
annual halibut
PSC limit
(ratio)
Proposed
2020 and
2021
Amendment
80 vessel
PSC
sideboard limit
(mt)
Season
Season dates
Fishery category
1 ...............
January 20–April 1 ..............................
2 ...............
April 1–July 1 .......................................
3 ...............
July 1–August 1 ...................................
4 ...............
August 1–October 1 ............................
5 ...............
October 1–December 31 .....................
shallow-water .......................................
deep-water ...........................................
shallow-water .......................................
deep-water ...........................................
shallow-water .......................................
deep-water ...........................................
shallow-water .......................................
deep-water ...........................................
shallow-water .......................................
deep-water ...........................................
0.0048
0.0115
0.0189
0.1072
0.0146
0.0521
0.0074
0.0014
0.0227
0.0371
1,706
1,706
1,706
1,706
1,706
1,706
1,706
1,706
1,706
1,706
8
20
32
183
25
89
13
2
39
63
Total shallow-water .............................
........................
........................
117
Total deep-water .................................
........................
........................
357
Annual .................................................................
Grand Total, all seasons and categories
lotter on DSKBCFDHB2PROD with PROPOSALS
Proposed
2020 and
2021
annual PSC
limit
(mt)
Classification
NMFS has determined that the
proposed harvest specifications are
consistent with the FMP and
preliminarily determined that the
proposed harvest specifications are
consistent with the Magnuson-Stevens
Act and other applicable laws, subject to
further review after public comment.
This action is authorized under 50
CFR 679.20 and is exempt from review
under Executive Order 12866. This
proposed rule is not an Executive Order
13771 regulatory action because this
rule is not significant under Executive
Order 12866.
NMFS prepared an EIS for the Alaska
groundfish harvest specifications and
alternative harvest strategies and made
it available to the public on January 12,
2007 (72 FR 1512). On February 13,
2007, NMFS issued the ROD for the
Final EIS. A SIR that assesses the need
to prepare a Supplemental EIS is being
prepared for the final 2020 and 2021
harvest specifications. Copies of the
Final EIS, ROD, and annual SIRs for this
action are available from NMFS (see
ADDRESSES). The Final EIS analyzes the
environmental, social, and economic
consequences of the proposed
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17:32 Dec 02, 2019
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groundfish harvest specifications and
alternative harvest strategies on
resources in the action area. Based on
the analysis in the Final EIS, NMFS
concluded that the preferred Alternative
(Alternative 2) provides the best balance
among relevant environmental, social,
and economic considerations and
allows for continued management of the
groundfish fisheries based on the most
recent, best scientific information.
NMFS prepared an IRFA as required
by section 603 of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 603),
analyzing the methodology for
establishing the relevant TACs. The
IRFA evaluated the economic impacts
on small entities of alternative harvest
strategies for the groundfish fisheries in
the EEZ off Alaska. As described in the
methodology, TACs are set to a level
that falls within the range of ABCs
recommended by the SSC; the sum of
the TACs must achieve the OY specified
in the FMP. While the specific numbers
that the methodology produces may
vary from year to year, the methodology
itself remains constant.
A description of the proposed action,
why it is being considered, and the legal
basis for this proposed action are
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474
contained in the preamble above. A
copy of the IRFA is available from
NMFS (see ADDRESSES). A summary of
the IRFA follows.
The action under consideration is a
harvest strategy to govern the catch of
groundfish in the GOA. The preferred
alternative (Alternative 2) is the existing
harvest strategy in which TACs fall
within the range of ABCs recommended
by the SSC. However, as discussed
below, NMFS also considered other
alternatives. This action is taken in
accordance with the FMP prepared by
the Council pursuant to the MagnusonStevens Act.
The entities directly regulated by this
action are those that harvest groundfish
in the EEZ of the GOA and in parallel
fisheries within State of Alaska waters.
These include entities operating CVs
and C/Ps within the action area and
entities receiving direct allocations of
groundfish.
For RFA purposes only, NMFS has
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
A business primarily engaged in
commercial fishing (NAICS code 11411)
E:\FR\FM\03DEP1.SGM
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lotter on DSKBCFDHB2PROD with PROPOSALS
66128
Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Proposed Rules
is classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and has
combined annual gross receipts not in
excess of $11 million for all its affiliated
operations worldwide. In addition,
under the RFA, the aggregate gross
receipts of all participating members of
a cooperative must meet the ‘‘under $11
million’’ threshold to be considered a
small entity.
The IRFA shows that, in 2018, there
were 756 individual CVs with gross
revenues less than or equal to $11
million. This estimate accounts for
corporate affiliations among vessels, and
for cooperative affiliations among
fishing entities, since some of the
fishing vessels operating in the GOA are
members of AFA inshore pollock
cooperatives, GOA rockfish
cooperatives, or BSAI CR Program
cooperatives. Vessels that participate in
these cooperatives are considered to be
large entities within the meaning of the
RFA because the aggregate gross receipts
of all participating members exceed the
$11 million threshold. After accounting
for membership in these cooperatives,
there are an estimated 756 small CV
entities remaining in the GOA
groundfish sector. However, the
estimate of 756 CVs may be an
overstatement of the number of small
entities. This latter group of vessels had
average gross revenues that varied by
gear type. Average gross revenues for
hook-and-line CVs, pot gear CVs, and
trawl gear CVs are estimated to be
$390,000, $870,000, and $2 million,
respectively. Revenue data for the three
C/Ps considered to be small entities are
confidential.
The preferred alternative (Alternative
2) was compared to four other
alternatives. Alternative 1 would have
set TACs to generate fishing rates equal
to the maximum permissible ABC (if the
full TAC were harvested), unless the
sum of TACs exceeded the GOA OY, in
which case TACs would be limited to
the OY. Alternative 3 would have set
TACs to produce fishing rates equal to
the most recent 5-year average fishing
rates. Alternative 4 would have set
TACs to equal the lower limit of the
GOA OY range. Alternative 5, the ‘‘no
action alternative,’’ would have set
TACs equal to zero.
The TACs associated with Alternative
2, the preferred harvest strategy, are
those recommended by the Council in
October 2019. OFLs and ABCs for the
species were based on recommendations
prepared by the Council’s Plan Team in
September 2019, and reviewed by the
Council’s SSC in October 2019. The
Council based its TAC
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17:32 Dec 02, 2019
Jkt 250001
recommendations on those of its AP,
which were consistent with the SSC’s
OFL and ABC recommendations.
Alternative 1 selects harvest rates that
would allow fishermen to harvest stocks
at the level of ABCs, unless total
harvests were constrained by the upper
bound of the GOA OY of 800,000 mt. As
shown in Table 1 of the preamble, the
sum of ABCs in 2020 and 2021 would
be 487,218 mt, which is below the
upper bound of the OY range. The sum
of TACs is 408,534 mt, which is less
than the sum of ABCs. In this instance,
Alternative 1 is consistent with the
preferred alternative (Alternative 2),
meets the objectives of that action, and
has small entity impacts that may be
equivalent to the preferred alternative.
However, it is not likely that Alternative
1 would result in reduced adverse
economic impacts to directly-regulated
small entities relative to Alternative 2.
The selection of Alternative 1, which
could increase all TACs up to the sum
of ABCs, would not take into account
the fact that that increased TACs for
some species probably would not be
fully harvested. This could be due to a
variety of reasons, including the lack of
commercial or market interest in some
species. Additionally, an underharvest
of flatfish TACs could result due to
other factors, such as the fixed, and
therefore constraining, PSC limits
associated with the harvest of the GOA
groundfish species. Furthermore, TACs
may be set lower than ABC for
conservation purposes, as is the case
with other rockfish in the Eastern GOA.
Finally, the TACs for two species
(pollock and Pacific cod) cannot be set
equal to ABC, as the TAC must be
reduced to account for the State’s GHLs
in these fisheries.
Alternative 3 selects harvest rates
based on the most recent 5 years of
harvest rates (for species in Tiers 1
through 3) or based on the most recent
5 years of harvests (for species in Tiers
4 through 6). This alternative is
inconsistent with the objectives of this
action because it does not take account
of the most recent biological
information for this fishery, as required
by the Magnuson-Stevens Act. NMFS
annually conducts at-sea stock surveys
for different species, as well as
statistical modeling, to estimate stock
sizes and permissible harvest levels.
Actual harvest rates or harvest amounts
are a component of these estimates, but
in and of themselves may not accurately
portray stock sizes and conditions.
Harvest rates are listed for each species
or species group for each year in the
SAFE report (see ADDRESSES).
Alternative 4 would lead to
significantly lower harvests of all
PO 00000
Frm 00049
Fmt 4702
Sfmt 4702
groundfish species and would reduce
the TACs from the upper end of the OY
range in the GOA to its lower end of
116,000 mt. Overall, this alternative
would reduce 2020 TACs by about 72
percent and would lead to significant
reductions in harvests of species
harvested by small entities. While
production declines in the GOA would
be associated with offsetting price
increases in the GOA, the size of these
increases is uncertain and would still be
constrained by production of
substitutes. There are close substitutes
for GOA groundfish species available in
significant quantities from the Bering
Sea and Aleutian Islands management
area. Thus, price increases associated
with reduced production are not likely
to fully offset revenue declines from
reduced production, and this alternative
would have a detrimental impact on
small entities.
Alternative 5, which sets all harvests
equal to zero, would have a significant
adverse economic impact on small
entities and would be contrary to
obligations to achieve OY on a
continuing basis, as mandated by the
Magnuson-Stevens Act. Under
Alternative 5, all individual CVs
impacted by this rule would have gross
revenues of $0. Additionally, the small
C/Ps impacted by this rule also would
have gross revenues of $0.
The proposed harvest specifications
(Alternative 2) extend the current 2020
OFLs, ABCs, and TACs to 2020 and
2021. As noted in the IRFA and this
preamble, the Council may modify its
recommendations for final OFLs, ABCs,
and TACs in December 2019, when it
reviews the November 2019 SAFE
report from its Groundfish Plan Team,
and the December 2019 Council meeting
reports of its SSC and AP. Because the
2020 TACs in these proposed 2020 and
2021 harvest specifications are
unchanged from the 2020 TACs in the
final 2019 and 2020 harvest
specifications (84 FR 9416; March 14,
2019), and because the sum of all TACs
remains within OY for the GOA, NMFS
does not expect adverse impacts on
small entities. Also, NMFS does not
expect any changes made by the Council
in December 2019 to have significant
adverse impacts on small entities.
This action does not modify
recordkeeping or reporting
requirements, or duplicate, overlap, or
conflict with any Federal rules.
Adverse impacts on marine mammals
or endangered or threatened species
resulting from fishing activities
conducted under these harvest
specifications are discussed in the Final
EIS and its accompanying annual SIRs
(see ADDRESSES).
E:\FR\FM\03DEP1.SGM
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Federal Register / Vol. 84, No. 232 / Tuesday, December 3, 2019 / Proposed Rules
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C.
1540(f); 16 U.S.C. 1801 et seq.; 16 U.S.C.
3631 et seq.; Pub. L. 105–277; Pub. L. 106–
31; Pub. L. 106–554; Pub. L. 108–199; Pub.
L. 108–447; Pub. L. 109–241; Pub. L. 109–
479.
Dated: November 26, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019–26088 Filed 12–2–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 191126–0093]
RIN 0648–XH080
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands; Proposed 2020 and
2021 Harvest Specifications for
Groundfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; harvest
specifications and request for
comments.
AGENCY:
NMFS proposes 2020 and
2021 harvest specifications,
apportionments, and prohibited species
catch allowances for the groundfish
fisheries of the Bering Sea and Aleutian
Islands (BSAI) management area. This
action is necessary to establish harvest
limits for groundfish during the 2020
and 2021 fishing years and to
accomplish the goals and objectives of
the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP). The 2020 harvest specifications
supersede those previously set in the
final 2019 and 2020 harvest
specifications, and the 2021 harvest
specifications will be superseded in
early 2021 when the final 2021 and
2022 harvest specifications are
published. The intended effect of this
action is to conserve and manage the
groundfish resources in the BSAI in
accordance with the Magnuson-Stevens
Fishery Conservation and Management
Act.
lotter on DSKBCFDHB2PROD with PROPOSALS
SUMMARY:
Comments must be received by
January 2, 2020.
DATES:
VerDate Sep<11>2014
17:32 Dec 02, 2019
Jkt 250001
Submit your comments,
identified by NOAA–NMFS–2019–0074,
by either of the following methods:
• Federal e-Rulemaking Portal: Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190074, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Records Office. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: NMFS may not consider
comments if they are sent by any other
method, to any other address or
individual, or received after the
comment period ends. All comments
received are a part of the public record,
and NMFS will post the comments for
public viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender is
publicly accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Electronic copies of the Alaska
Groundfish Harvest Specifications Final
Environmental Impact Statement (Final
EIS), Record of Decision (ROD) for the
Final EIS, the annual Supplementary
Information Reports (SIRs) to the Final
EIS, and the Initial Regulatory
Flexibility Analysis (IRFA) prepared for
this action are available from https://
www.regulations.gov. An updated 2020
SIR for the final 2020 and 2021 harvest
specifications will be available from the
same source. The final 2018 Stock
Assessment and Fishery Evaluation
(SAFE) report for the groundfish
resources of the BSAI, dated November
2018, is available from the North Pacific
Fishery Management Council (Council)
at 605 West 4th Avenue, Suite 306,
Anchorage, AK 99501–2252, phone
907–271–2809, or from the Council’s
website at https://www.npfmc.org/. The
2019 SAFE report for the BSAI will be
available from the same source.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: Federal
regulations at 50 CFR part 679
implement the FMP and govern the
groundfish fisheries in the BSAI. The
Council prepared the FMP, and NMFS
approved it, under the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act). General regulations governing U.S.
fisheries also appear at 50 CFR part 600.
ADDRESSES:
PO 00000
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Fmt 4702
Sfmt 4702
66129
The FMP and its implementing
regulations require that NMFS, after
consultation with the Council, specify
annually the total allowable catch (TAC)
for each target species category. The
sum of TACs for all groundfish species
in the BSAI must be within the
optimum yield (OY) range of 1.4 million
to 2.0 million metric tons (mt) (see
§ 679.20(a)(1)(i)(A)). Section 679.20(c)(1)
further requires that NMFS publish
proposed harvest specifications in the
Federal Register and solicit public
comments on proposed annual TACs
and apportionments thereof, prohibited
species catch (PSC) allowances,
prohibited species quota (PSQ) reserves
established by § 679.21, seasonal
allowances of pollock, Pacific cod, and
Atka mackerel TAC, American Fisheries
Act allocations, Amendment 80
allocations, Community Development
Quota (CDQ) reserve amounts
established by § 679.20(b)(1)(ii), and
acceptable biological catch (ABC)
surpluses and reserves for CDQ groups
and Amendment 80 cooperatives for
flathead sole, rock sole, and yellowfin
sole. The proposed harvest
specifications set forth in Tables 1
through 15 of this action satisfy these
requirements.
Under § 679.20(c)(3), NMFS will
publish the final 2020 and 2021 harvest
specifications after (1) considering
comments received within the comment
period (see DATES), (2) consulting with
the Council at its December 2019
meeting, (3) considering information
presented in the 2020 SIR to the Final
EIS that assesses the need to prepare a
Supplemental EIS (see ADDRESSES), and
(4) considering information presented in
the final 2019 SAFE reports prepared for
the 2020 and 2021 groundfish fisheries.
Other Actions Affecting or Potentially
Affecting the 2020 and 2021 Harvest
Specifications
Reclassify Sculpins as an Ecosystem
Component Species
In October 2019, the Council
recommended that sculpins be
reclassified in the FMP as an
‘‘ecosystem component’’ species, which
is a category of non-target species that
are not in need of conservation and
management. Currently, NMFS annually
sets an overfishing level (OFL), ABC,
and TAC for sculpins in the BSAI
groundfish harvest specifications. Under
the Council’s recommended action,
OFL, ABC, and TAC specifications for
sculpins would no longer be required.
NMFS intends to develop rulemaking to
implement the Council’s
recommendation for sculpins. Such a
rulemaking would prohibit directed
E:\FR\FM\03DEP1.SGM
03DEP1
Agencies
[Federal Register Volume 84, Number 232 (Tuesday, December 3, 2019)]
[Proposed Rules]
[Pages 66109-66129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26088]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 191126-0094]
RTID 0648-XY201
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of
Alaska; Proposed 2020 and 2021 Harvest Specifications for Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; harvest specifications and request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes 2020 and 2021 harvest specifications,
apportionments, and Pacific halibut prohibited species catch limits for
the groundfish fishery of the Gulf of Alaska (GOA). This action is
necessary to establish harvest limits for groundfish during the 2020
and 2021 fishing years and to accomplish the goals and objectives of
the Fishery Management Plan for Groundfish of the Gulf of Alaska. The
2020 harvest specifications supersede those previously set in the final
2019 and 2020 harvest specifications, and the 2021 harvest
specifications will be superseded in early 2021 when the final 2021 and
2022 harvest specifications are published. The intended effect of this
action is to conserve and manage the groundfish resources in the GOA in
accordance with the Magnuson-Stevens Fishery Conservation and
Management Act.
DATES: Comments must be received by January 2, 2020.
ADDRESSES: Submit comments on this document, identified by NOAA-NMFS-
2019-0102, by either of the following methods:
Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0102, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Records Office. Mail comments to P.O. Box 21668, Juneau, AK
99802-1668.
Instructions: NMFS may not consider comments if they are sent by
any other method, to any other address or individual, or received after
the comment period ends. All comments received are a part of the public
record, and NMFS will post the comments for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
is publicly accessible. NMFS will accept anonymous comments (enter ``N/
A'' in the required fields if you wish to remain anonymous).
Electronic copies of the Alaska Groundfish Harvest Specifications
Final Environmental Impact Statement (Final EIS), Record of Decision
(ROD) for the Final EIS, the annual Supplementary Information Reports
(SIRs) to the Final EIS, and the Initial Regulatory Flexibility
Analysis (IRFA) prepared for this action area available from https://www.regulations.gov. An updated 2020 SIR for the final 2020 and 2021
harvest specifications will be available from the same source. The
final 2018 Stock Assessment and Fishery Evaluation (SAFE) report for
the groundfish resources of the GOA, dated November 2018, is available
from the North Pacific Fishery Management Council (Council) at 605 West
4th Avenue, Suite 306, Anchorage, AK 99501-2252, phone 907-271-2809, or
from the Council's website at https://www.npfmc.org. The 2019 SAFE
report for the GOA will be available from the same source.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fisheries in the
exclusive economic zone (EEZ) of the GOA under the Fishery Management
Plan for Groundfish of the Gulf of Alaska (FMP). The Council prepared
the FMP under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801,
et seq. Regulations governing U.S. fisheries and implementing the FMP
appear at 50 CFR parts 600, 679, and 680.
The FMP and its implementing regulations require that NMFS, after
consultation with the Council, specify the total allowable catch (TAC)
for each target species, the sum of which must be within the optimum
yield (OY) range of 116,000 to 800,000 metric tons (mt) (Sec.
679.20(a)(1)(i)(B)). Section 679.20(c)(1) further requires NMFS to
publish and solicit public comment on proposed annual TACs and
apportionments thereof, Pacific halibut prohibited species catch (PSC)
limits, and seasonal allowances of pollock and Pacific cod. The
proposed harvest specifications in Tables 1 through 19 of this rule
satisfy these requirements. For 2020 and 2021, the sum of the proposed
TAC amounts is 408,534 mt.
Under Sec. 679.20(c)(3), NMFS will publish the final 2020 and 2021
harvest specifications after (1) considering comments received within
the comment period (see DATES), (2) consulting with the Council at its
December 2019 meeting, (3) considering information presented in the
2020 SIR to the Final EIS that assesses the need to prepare a
Supplemental EIS (see ADDRESSES), and (4) considering information
presented in the final 2019 SAFE reports prepared for the 2020 and 2021
groundfish fisheries.
Other Actions Affecting or Potentially Affecting the 2020 and 2021
Harvest Specifications
Reclassify Sculpins as an Ecosystem Component Species
In October 2019, the Council recommended that sculpins be
reclassified in the FMP as an ``ecosystem component'' species, which is
a category of non-target species that are not in need of conservation
and management. Currently, NMFS annually sets an overfishing level
(OFL), Acceptable Biological Catch (ABC), and TAC for sculpins in the
GOA groundfish harvest specifications. Under the Council's recommended
action, OFL, ABC, and TAC specifications for sculpins would no longer
be required. NMFS intends to develop rulemaking to implement the
Council's recommendation for sculpins. Such rulemaking would prohibit
directed fishing for sculpins, maintain recordkeeping and reporting,
and establish a sculpin maximum retainable amount when directed fishing
for groundfish species at 20 percent to discourage retention, while
allowing flexibility to prosecute groundfish fisheries. Further details
(and public comment on the sculpin action) will be available on
publication of the proposed
[[Page 66110]]
rule to implement an FMP amendment that would reclassify sculpins as an
ecosystem component species of the FMP. If the FMP amendment and its
implementing regulations are approved by the Secretary of Commerce, the
action is anticipated to be effective in 2021. Until effective, NMFS
will continue to publish OFLs, ABCs, and TACs for sculpins in the GOA
groundfish harvest specifications.
Final Rulemaking To Prohibit Directed Fishing for American Fisheries
Act (AFA) and Crab Rationalization (CR) Program Sideboard Limits
On February 8, 2019, NMFS published a final rule (84 FR 2723) that
modified regulations for the AFA Program and CR Program participants
subject to limits on the catch of specific species (sideboard limits)
in the GOA. Sideboard limits are intended to prevent participants who
benefit from receiving exclusive harvesting privileges in a particular
fishery from shifting effort to other fisheries. Specifically, the
final rule established regulations to prohibit directed fishing for
most groundfish species or species groups subject to sideboard limits
under the AFA Program and CR Program, rather than prohibiting directed
fishing through the annual GOA harvest specifications. Since the final
rule is now effective, NMFS is no longer publishing in the annual GOA
harvest specifications the AFA Program and CR Program sideboard limit
amounts for groundfish species or species groups subject to the final
rule. Those groundfish species subject to the final rule associated
with sideboard limits are now prohibited to directed fishing in
regulation (Sec. Sec. 679.20(d)(1)(iv)(D) and 680.22(e)(1)(i) and
(iii) and Tables 54, 55, and 56 to 50 CFR part 679). NMFS will continue
to publish in the annual GOA harvest specifications the AFA Program and
CR Program sideboard limit amounts for groundfish species or species
groups that were not subject to the final rule (see Tables 13, 14, and
15 of this action).
Proposed Revisions to the GOA Pollock Seasons and Pacific Cod Seasonal
Allocations
In June 2019, the Council recommended for Secretarial review
Amendment 109 to the FMP. Amendment 109 would revise pollock seasons
and Pacific cod seasonal allocations. Amendment 109 would modify the
existing annual pollock TAC allocation to two equal (50 percent of TAC)
seasonal allocations, rather than four equal seasons (25 percent of
TAC). The pollock A and B seasons would be combined into a January 20
through May 31 A season, and the pollock C and D seasons would be
combined into a September 1 through November 1 B season. Additionally,
Amendment 109 would revise the Pacific cod TAC seasonal apportionments
to the trawl CV sector by increasing the A season allocation and
decreasing the B season allocation. Further details (and public comment
on Amendment 109) will be available on publication of the proposed rule
to implement Amendment 109. If Amendment 109 and its implementing
regulations are approved by the Secretary of Commerce, the action is
anticipated to be effective in 2021.
Proposed ABC and TAC Specifications
In October 2019, the Council's Scientific and Statistical Committee
(SSC), its Advisory Panel (AP), and the Council reviewed the most
recent biological and harvest information about the condition of the
GOA groundfish stocks. The Council's GOA Groundfish Plan Team (Plan
Team) compiled and presented this information in the final 2018 SAFE
report for the GOA groundfish fisheries, dated November 2018 (see
ADDRESSES). The SAFE report contains a review of the latest scientific
analyses and estimates of each species' biomass and other biological
parameters, as well as summaries of the available information on the
GOA ecosystem and the economic condition of the groundfish fisheries
off Alaska. From these data and analyses, the Plan Team recommends, and
the SSC sets, an OFL and ABC for each species or species group. The
amounts proposed for the 2020 and 2021 OFLs and ABCs are based on the
2018 SAFE report. The AP and Council recommended that the proposed 2020
and 2021 TACs be set equal to proposed ABCs for all species and species
groups, with the exception of the species and species groups further
discussed below. The proposed OFLs, ABCs, and TACs could be changed in
the final harvest specifications depending on the most recent
scientific information contained in the final 2019 SAFE report. The
stock assessments that will comprise, in part, the 2019 SAFE report are
available at https://www.fisheries.noaa.gov/alaska/population-assessments/north-pacific-groundfish-stock-assessment-and-fishery-evaluation. The final 2019 SAFE report will be available from the same
source.
In November 2019, the Plan Team will update the 2018 SAFE report to
include new information collected during 2019, such as NMFS stock
surveys, revised stock assessments, and catch data. The Plan Team will
compile this information and present the draft 2019 SAFE report at the
December 2019 Council meeting. At that meeting, the SSC and the Council
will review the 2019 SAFE report, and the Council will approve the 2019
SAFE report. The Council will consider information in the 2019 SAFE
report, recommendations from the November 2019 Plan Team meeting and
December 2019 SSC and AP meetings, public testimony, and relevant
written public comments in making its recommendations for the final
2020 and 2021 harvest specifications. Pursuant to Sec. 679.20(a)(2)
and (3), the Council could recommend adjusting the TACs if warranted
based on the biological condition of groundfish stocks or a variety of
socioeconomic considerations, or if required to cause the sum of TACs
to fall within the optimum yield range.
Sablefish OFL
For sablefish, at its October 2019 meeting, the SSC discussed the
Plan Team's recommendation to review the apportionment and
specification of the sablefish OFL and its status quo apportionments in
the Bering Sea (BS), Aleutian Islands (AI), and the GOA. The sablefish
stock assessment currently uses an Alaska-wide model that establishes
an Alaska-wide OFL, which is then apportioned to three area specific
OFLs: BS, AI, and GOA. The Alaska-wide OFL is currently the measurable
and objective criteria used to monitor and assess the status of the
sablefish stock to prevent overfishing and to determine whether
overfishing has occurred or the stock is overfished. The 2018 sablefish
SAFE report highlights that, given extremely high movement rates
throughout their range, sablefish are likely one Alaska-wide stock with
no sub-populations in Alaska.
At its September 2019 meeting, the Plan Team discussed that there
did not appear to be a conservation concern that warranted sub-area
OFLs, particularly since the six sub-area ABC apportionments are
designed to spread harvest across areas and prevent any localized
depletion. At its October 2019 meeting, the SSC had extensive
discussion about the appropriate process for considering a combined
OFL, and the SSC determined that combining the OFL is a viable option
to consider for the OFL specification for 2020 and 2021. The Plan Team
and SSC recommended that the sablefish stock assessment include three
options for apportioning and specifying sablefish OFLs for review at
the November 2019 Plan Team and December 2019 SSC meetings: (1) No
change in the
[[Page 66111]]
apportionment and specification of a BS OFL, an AI OFL, and a GOA OFL
(status quo); (2) apportioning and specifying a Bering Sea and Aleutian
Islands (BSAI) OFL, and a separate GOA OFL; and (3) specifying an
Alaska-wide OFL.
The SSC will review these three options in the sablefish stock
assessment to consider a possible change to the current sablefish OFL
apportionment during the December Council meeting. Based on the
recommendations of the SSC, NMFS may implement a change to the
specification of sablefish OFL in the final 2020 and 2021 harvest
specifications.
GOA Pacific Cod
For Pacific cod, at its October 2019 meeting, the SSC discussed the
precipitous decline of the Pacific cod stock over recent years, which
may have substantial management implications. The Steller sea lion
harvest control regulations at Sec. 679.20(d)(4) state that if a
biological assessment of the Pacific cod stock projects that the
spawning biomass in an area will be equal to or below 20 percent of the
projected unfished spawning biomass during a fishing year, then the
Regional Administrator will prohibit directed fishing within that area
and the directed fishery will remain closed until a subsequent
biological assessment projects that the spawning biomass will exceed 20
percent of the projected unfished spawning biomass. Also, if Pacific
cod spawning biomass falls below the B17.5%
level, a rebuilding plan will be required to comply with provisions of
the Magnuson-Stevens Act. The SSC emphasizes that both of these
scenarios are possible, given the results from the preliminary
September 2019 models.
Potential Changes Between Proposed and Final Specifications
In previous years, the most significant changes (relative to the
amount of assessed tonnage of fish) to the OFLs and ABCs from the
proposed to the final harvest specifications have been based on the
most recent NMFS stock surveys. These surveys provide updated estimates
of stock biomass and spatial distribution, and inform changes to the
models used for producing stock assessments. At the September 2019 Plan
Team meeting, NMFS scientists presented updated and new survey results,
potential changes to assessment models, and accompanying, preliminary
stock estimates. At the October 2019 Council meeting, the SSC reviewed
this information. The species with possible significant model changes
are Pacific cod, dover sole, rex sole, flathead sole, Pacific ocean
perch, and shortraker and rougheye rockfish. Model changes can result
in changes to final OFLs, ABCs, and TACs.
In November 2019, the Plan Team will consider updated stock
assessments for groundfish, which will be included in the draft 2019
SAFE report. If the 2019 SAFE report indicates that the stock biomass
trend is increasing for a species, then the final 2020 and 2021 harvest
specifications for that species may reflect an increase from the
proposed harvest specifications. Conversely, if the 2019 SAFE report
indicates that the stock biomass trend is decreasing for a species,
then the final 2020 and 2021 harvest specifications may reflect a
decrease from the proposed harvest specifications.
The proposed 2020 and 2021 OFLs, ABCs, and TACs are based on the
best available biological and socioeconomic information, including
projected biomass trends, information on assumed distribution of stock
biomass, and revised technical methods used to calculate stock biomass.
The FMP specifies the tiers to be used to compute OFLs and ABCs. The
tiers applicable to a particular stock or stock complex are determined
by the level of reliable information available to the fisheries
scientists. This information is categorized into a successive series of
six tiers to define OFL and ABC amounts, with Tier 1 representing the
highest level of information quality available and Tier 6 representing
the lowest level of information quality available. The Plan Team used
the FMP tier structure to calculate OFLs and ABCs for each groundfish
species. The SSC adopted the proposed 2020 and 2021 OFLs and ABCs
recommended by the Plan Team for all groundfish species. The Council
adopted the SSC's OFL and ABC recommendations and the AP's TAC
recommendations.
Specification and Apportionment of TAC Amounts
The Council recommended proposed 2020 and 2021 TACs that are equal
to proposed ABCs for all species and species groups, with the exception
of pollock in the combined Western and Central Regulatory Areas and the
West Yakutat (WYK) District of the Eastern Regulatory Area (the W/C/WYK
Regulatory Area), Pacific cod, shallow-water flatfish in the Western
Regulatory Area, arrowtooth flounder, flathead sole in the Western and
Central Regulatory Areas, and Atka mackerel. The W/C/WYK Regulatory
Area pollock TAC and the GOA Pacific cod TACs are set to account for
the State of Alaska's (State's) guideline harvest levels (GHLs) for the
State water pollock and Pacific cod fisheries so that the ABCs are not
exceeded. The shallow-water flatfish, arrowtooth flounder, and flathead
sole TACs are set to allow for increased harvest opportunities for
these target species while conserving the halibut PSC limit for use in
other fisheries. The Atka mackerel TAC is set to accommodate incidental
catch amounts in other fisheries. These reductions are described below.
NMFS's proposed apportionments of groundfish species are based on
the distribution of biomass among the regulatory areas over which NMFS
manages the species. Additional regulations govern the apportionment of
pollock, Pacific cod, and sablefish. Additional detail on
apportionments of pollock, Pacific cod, and sablefish are described
below.
The ABC for the pollock stock in the W/C/WYK Regulatory Area
accounts for the GHL established by the State for the Prince William
Sound (PWS) pollock fishery. The Plan Team, SSC, AP, and Council have
recommended that the sum of all State water and Federal water pollock
removals from the GOA not exceed ABC recommendations. For 2020 and
2021, the Council recommended the W/C/WYK pollock ABC, including the
amount to account for the State's PWS GHL. At the November 2018 Plan
Team meeting, State fisheries managers recommended setting the PWS GHL
at 2.5 percent of the annual W/C/WYK pollock ABC. For 2020, this yields
a PWS pollock GHL of 2,722 mt, a decrease from the 2019 PWS GHL of
3,396 mt. After accounting for PWS GHL, the 2020 and 2021 pollock ABC
for the combined W/C/WYK areas is then apportioned among four
statistical areas (Areas 610, 620, 630, and 640) as both ABCs and TACs,
as described below and detailed in Table 1. The total ABCs and TACs for
the four statistical areas, plus the State GHL, do not exceed the
combined W/C/WYK ABC. The proposed W/C/WYK 2020 and 2021 pollock ABC is
108,892 mt, and the proposed TAC is 106,170 mt.
Apportionments of pollock to the W/C/WYK management areas are
considered to be apportionments of annual catch limit (ACLs) rather
than apportionments of ABCs. This more accurately reflects that such
apportionments address management concerns, rather than biological or
conservation concerns. In addition, apportionments of the ACL in this
manner allow NMFS to balance any transfer of TAC among Areas 610, 620,
and 630 pursuant to Sec. 679.20(a)(5)(iv)(B)
[[Page 66112]]
to ensure that the combined W/C/WYK ACL, ABC, and TAC are not exceeded.
NMFS proposes pollock TACs in the Western Regulatory Area (Area
610), Central Regulatory Area (Areas 620 and 630), and the West Yakutat
District (Area 640) and the Southeast Outside (SEO) District (Area 650)
of the Eastern Regulatory Area of the GOA (see Table 1). NMFS also
proposes seasonal apportionment of the annual pollock TAC in the
Western and Central Regulatory Areas of the GOA among Statistical Areas
610, 620, and 630. These apportionments are divided equally among each
of the following four seasons: The A season (January 20 through March
10), the B season (March 10 through May 31), the C season (August 25
through October 1), and the D season (October 1 through November 1)
(Sec. Sec. 679.23(d)(2)(i) through (iv), and 679.20(a)(5)(iv)(A) and
(B)). Additional detail is provided below; Table 2 lists these amounts.
The proposed 2020 and 2021 Pacific cod TACs are set to accommodate
the State's GHLs for Pacific cod in State waters in the Western and
Central Regulatory Areas, as well as in PWS (see Table 1). The Plan
Team, SSC, AP, and Council recommended that the sum of all State water
and Federal water Pacific cod removals from the GOA not exceed ABC
recommendations. Accordingly, the Council set the 2020 and 2021 Pacific
cod TACs in the Western, Central, and Eastern Regulatory Areas to
account for State GHLs. Therefore, the proposed 2020 and 2021 Pacific
cod TACs are less than the proposed ABCs by the following amounts: (1)
Western GOA, 2,909 mt; (2) Central GOA, 2,435 mt; and (3) Eastern GOA,
540 mt. These amounts reflect the State's 2020 and 2021 GHLs in these
areas, which are 30 percent of the Western GOA proposed ABC, and 25
percent of the Eastern and Central GOA proposed ABCs.
NMFS also proposes seasonal apportionments of the Pacific cod TACs
in the Western and Central Regulatory Areas. Sixty percent of the
annual TAC is apportioned to the A season for hook-and-line, pot, and
jig gear from January 1 through June 10, and for trawl gear from
January 20 through June 10. Forty percent of the annual TAC is
apportioned to the B season for jig gear from June 10 through December
31, for hook-and-line and pot gear from September 1 through December
31, and for trawl gear from September 1 through November 1 (Sec. Sec.
679.23(d)(3) and 679.20(a)(12)). The Western and Central GOA Pacific
cod TACs are allocated among various gear and operational sectors. The
Pacific cod sector apportionments are discussed in detail in a
subsequent section and in Table 3 of this rule.
The Council's recommendation for sablefish area apportionments
takes into account the prohibition on the use of trawl gear in the SEO
District of the Eastern Regulatory Area (Sec. 679.7(b)(1)) and makes
available five percent of the combined Eastern Regulatory Area TACs to
vessels using trawl gear for use as incidental catch in other trawl
groundfish fisheries in the WYK District (Sec. 679.20(a)(4)(i)).
Additional detail is provided below. Tables 4 and 5 list the proposed
2020 and 2021 allocations of the sablefish TAC to fixed gear and trawl
gear in the GOA.
For 2020 and 2021, the Council recommends and NMFS proposes the
OFLs, ABCs, and TACs listed in Table 1. The proposed ABCs reflect
harvest amounts that are less than the specified overfishing levels.
These amounts are consistent with the biological condition of
groundfish stocks as described in the 2018 SAFE report, and adjusted
for other biological and socioeconomic considerations, including
maintaining the total TAC within the required OY range. The sum of the
proposed TACs for all GOA groundfish is 408,534 mt for 2020 and 2021,
which is within the OY range specified by the FMP. These proposed
amounts and apportionments by area, season, and sector are subject to
change pending consideration of the 2019 SAFE report and the Council's
recommendations for the final 2020 and 2021 harvest specifications
during its December 2019 meeting.
Table 1--Proposed 2020 and 2021 OFLs, ABCs, and TACs of Groundfish for the Western/Central/West Yakutat,
Western, Central, and Eastern Regulatory Areas, the West Yakutat and Southeast Outside Districts of the Eastern
Regulatory Area, and Gulfwide District of the Gulf of Alaska
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Species Area 1 OFL ABC TAC 2
----------------------------------------------------------------------------------------------------------------
Pollock \2\........................... Shumagin (610).......... n/a 19,939 19,939
Chirikof (620).......... n/a 57,279 57,279
Kodiak (630)............ n/a 24,345 24,345
WYK (640)............... n/a 4,607 4,607
W/C/WYK (subtotal)...... 148,968 108,892 106,170
SEO (650)............... 11,697 8,773 8,773
-----------------------------------------------
Total 160,665 117,665 114,943
Pacific cod \3\....................... W....................... n/a 9,695 6,787
C....................... n/a 9,738 7,304
E....................... n/a 2,159 1,619
-----------------------------------------------
Total 26,078 21,592 15,709
Sablefish \4\......................... W....................... n/a 2,105 2,105
C....................... n/a 6,931 6,931
WYK..................... n/a 2,433 2,433
SEO..................... n/a 3,993 3,993
E (WYK and SEO) n/a 6,426 6,426
(subtotal).
-----------------------------------------------
Total 34,782 15,462 15,462
Shallow-water flatfish \5\............ W....................... n/a 25,952 13,250
C....................... n/a 26,065 26,065
WYK..................... n/a 2,308 2,308
SEO..................... n/a 1,983 1,983
-----------------------------------------------
Total 69,167 56,308 43,606
Deep-water flatfish \6\............... W....................... n/a 420 420
[[Page 66113]]
C....................... n/a 3,488 3,488
WYK..................... n/a 3,323 3,323
SEO..................... n/a 2,393 2,393
-----------------------------------------------
Total 11,581 9,624 9,624
Rex sole.............................. W....................... n/a 2,956 2,956
C....................... n/a 8,371 8,371
WYK..................... n/a 1,664 1,664
SEO..................... n/a 1,734 1,734
-----------------------------------------------
Total 17,942 14,725 14,725
Arrowtooth flounder................... W....................... n/a 34,765 14,500
C....................... n/a 68,575 68,575
WYK..................... n/a 15,368 6,900
SEO..................... n/a 22,157 6,900
-----------------------------------------------
Total 168,634 140,865 96,875
Flathead sole......................... W....................... n/a 13,771 8,650
C....................... n/a 21,965 15,400
WYK..................... n/a 2,097 2,097
SEO..................... n/a 440 440
-----------------------------------------------
Total 46,666 38,273 26,587
Pacific ocean perch \7\............... W....................... n/a 3,125 3,125
C....................... n/a 19,024 19,024
WYK..................... n/a 3,192 3,192
W/C/WYK................. 30,128 25,341 25,341
SEO..................... 2,748 2,311 2,311
-----------------------------------------------
Total 32,876 27,652 27,652
Northern rockfish \8\................. W....................... n/a 1,122 1,122
C....................... n/a 3,147 3,147
E....................... n/a 1 ..............
-----------------------------------------------
Total 5,093 4,270 4,269
Shortraker rockfish \9\............... W....................... n/a 44 44
C....................... n/a 305 305
E....................... n/a 514 514
-----------------------------------------------
Total 1,151 863 863
Dusky rockfish \10\................... W....................... n/a 774 774
C....................... n/a 2,742 2,742
WYK..................... n/a 94 94
SEO..................... n/a 60 60
-----------------------------------------------
Total 4,484 3,670 3,670
Rougheye and blackspotted rockfish\11\ W....................... n/a 172 172
C....................... n/a 545 545
E....................... n/a 697 697
-----------------------------------------------
Total 1,699 1,414 1,414
Demersal shelf rockfish \12\.......... SEO..................... 411 261 261
Thornyhead rockfish \13\.............. W....................... n/a 326 326
C....................... n/a 911 911
E....................... n/a 779 779
-----------------------------------------------
Total 2,688 2,016 2,016
Other rockfish 14 15.................. W/C combined............ n/a 1,737 1,737
WYK..................... n/a 368 368
SEO..................... n/a 3,489 3,489
-----------------------------------------------
Total 7,356 5,594 5,594
Atka mackerel......................... GW...................... 6,200 4,700 3,000
Big skates \16\....................... W....................... n/a 504 504
C....................... n/a 1,774 1,774
E....................... n/a 570 570
-----------------------------------------------
Total 3,797 2,848 2,848
Longnose skates \17\.................. W....................... n/a 149 149
[[Page 66114]]
C....................... n/a 2,804 2,804
E....................... n/a 619 619
-----------------------------------------------
Total 4,763 3,572 3,572
Other skates \18\..................... GW...................... 1,845 1,384 1,384
Sculpins.............................. GW...................... 6,958 5,301 5,301
Sharks................................ GW...................... 10,913 8,184 8,184
Octopuses............................. GW...................... 1,300 975 975
===============================================
Total............................. ........................ 627,049 487,218 408,534
----------------------------------------------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec. 679.2. (W = Western Gulf of Alaska; C = Central Gulf of
Alaska; E = Eastern Gulf of Alaska; WYK = West Yakutat District; SEO = Southeast Outside District; GW = Gulf-
wide).
\2\ The total for the W/C/WYK Regulatory Areas pollock ABC is 108,892 mt. After deducting 2.5 percent (2,722 mt)
of that ABC for the State's pollock GHL fishery, the remaining pollock ABC of 106,170 mt (for the W/C/WYK
Regulatory Areas) is apportioned among four statistical areas (Areas 610, 620, 630, and 640). These
apportionments are considered subarea ACLs, rather than ABCs, for specification and reapportionment purposes.
The ACLs in Areas 610, 620, and 630 are further divided by season, as detailed in Table 2. In the West Yakutat
(Area 640) and Southeast Outside (Area 650) Districts of the Eastern Regulatory Area, pollock is not divided
into seasonal allowances.
\3\ The annual Pacific cod TAC is apportioned 60 percent to the A season and 40 percent to the B season in the
Western and Central Regulatory Areas of the GOA. Pacific cod TAC in the Eastern Regulatory Area of the GOA is
allocated 90 percent to vessels harvesting Pacific cod for processing by the inshore component and 10 percent
to vessels harvesting Pacific cod for processing by the offshore component. Table 3 lists the proposed 2020
and 2021 Pacific cod seasonal apportionments.
\4\ Sablefish is allocated to fixed and trawl gear in 2020 and trawl gear in 2021. Tables 4 and 5 list the
proposed 2020 and 2021 allocations of sablefish TACs.
\5\ ``Shallow-water flatfish'' means flatfish not including ``deep-water flatfish,'' flathead sole, rex sole, or
arrowtooth flounder.
\6\ ``Deep-water flatfish'' means Dover sole, Greenland turbot, Kamchatka flounder, and deepsea sole.
\7\ ``Pacific ocean perch'' means Sebastes alutus.
\8\ ``Northern rockfish'' means Sebastes polyspinous. For management purposes the 1 mt apportionment of ABC to
the WYK District of the Eastern Regulatory Area has been included in the other rockfish species group.
\9\ ``Shortraker rockfish'' means Sebastes borealis.
\10\ ``Dusky rockfish'' means Sebastes variabilis.
\11\ ``Rougheye and blackspotted rockfish'' means Sebastes aleutianus (rougheye) and Sebastes melanostictus
(blackspotted).
\12\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper),
S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
\13\ ``Thornyhead rockfish'' means Sebastes species.
\14\ ``Other rockfish means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S.
goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S.
wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani
(shortbelly), S. brevispinis (silvergray), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus
(vermilion), S. reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). In the Eastern GOA
only, ``other rockfish'' also includes northern rockfish (S. polyspinous).
\15\ ``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District of the
Eastern Regulatory Area means all rockfish species included in the ``other rockfish'' and demersal shelf
rockfish categories. The ``other rockfish'' species group in the SEO District only includes other rockfish.
\16\ ``Big skates'' means Raja binoculata.
\17\ ``Longnose skates'' means Raja rhina.
\18\ ``Other skates'' means Bathyraja and Raja spp.
Proposed Apportionment of Reserves
Section 679.20(b)(2) requires NMFS to set aside 20 percent of each
TAC for pollock, Pacific cod, flatfish, sculpins, sharks, and octopuses
in reserve for possible apportionment at a later date during the
fishing year. Section 679.20(b)(3) authorizes NMFS to reapportion all
or part of these reserves. In 2019, NMFS reapportioned all of the
reserves in the final harvest specifications. For 2020 and 2021, NMFS
proposes reapportionment of each of the reserves for pollock, Pacific
cod, flatfish, sculpins, sharks, and octopuses back into the original
TAC from which the reserve was derived. NMFS expects, based on recent
harvest patterns, that such reserves will not be necessary and that the
entire TAC for each of these species will be caught. The TACs in Table
1 reflect this proposed reapportionment of reserve amounts to the
original TAC for these species and species groups, i.e., each proposed
TAC for the above-mentioned species or species groups contains the full
TAC recommended by the Council.
Proposed Apportionments of Pollock TAC Among Seasons and Regulatory
Areas, and Allocations for Processing by Inshore and Offshore
Components
In the GOA, pollock is apportioned by season and area, and is
further allocated for processing by inshore and offshore components.
Pursuant to Sec. 679.20(a)(5)(iv)(B), the annual pollock TAC specified
for the Western and Central Regulatory Areas of the GOA is apportioned
into four equal seasonal allowances of 25 percent. As established by
Sec. 679.23(d)(2)(i) through (iv), the A, B, C, and D season
allowances are available from January 20 through March 10, March 10
through May 31, August 25 through October 1, and October 1 through
November 1, respectively.
Pollock TACs in the Western and Central Regulatory Areas of the GOA
are apportioned among Statistical Areas 610, 620, and 630 in propostion
to the distribution of pollock biomass, pursuant to Sec.
679.20(a)(5)(iv)(A). In the A and B seasons, the apportionments
previously were in proportion to the distribution of pollock based on
the four most recent NMFS winter surveys. In the C and D seasons, the
apportionments were in proportion to the distribution of pollock based
on the four most recent NMFS summer surveys. For 2020 and 2021, the
Council
[[Page 66115]]
recommends, and NMFS proposes, following the apportionment methodology
for the A season that was previously used for the 2019 and 2020 harvest
specifications. This methodology averages the winter and summer
distribution of pollock in the Central Regulatory Area for the A season
instead of using the distribution based on only the winter surveys. The
average is intended to reflect the best available information about
migration patterns, distribution of pollock, and the performance of the
fishery in the area during the A season for the 2019 and 2020 fishing
years. For the A season, the apportionment is based on the proposed
adjusted estimate of the relative distribution of pollock biomass of
approximately 3 percent, 86 percent, and 11 percent in Statistical
Areas 610, 620, and 630, respectively. For the B season, the
apportionment is based on the relative distribution of pollock biomass
of approximately 3 percent, 86 percent, and 11 percent in Statistical
Areas 610, 620, and 630, respectively. For the C and D seasons, the
apportionment is based on the relative distribution of pollock biomass
of approximately 37 percent, 27 percent, and 37 percent in Statistical
Areas 610, 620, and 630, respectively. The pollock chapter of the 2018
SAFE report (see ADDRESSES) contains a comprehensive description of the
apportionment process and reasons for the minor changes from past
apportionments.
Within any fishing year, the amount by which a seasonal allowance
is underharvested or overharvested may be added to, or subtracted from,
subsequent seasonal allowances in a manner to be determined by the
Regional Administrator (Sec. 679.20(a)(5)(iv)(B)). The rollover amount
is limited to 20 percent of the subsequent seasonal TAC apportionment
for the statistical area. Any unharvested pollock above the 20-percent
limit could be further distributed to the subsequent season in the
other statistical areas, in proportion to the estimated biomass to the
subsequent season and in an amount no more than 20 percent of the
seasonal TAC apportionment in those statistical areas (Sec.
679.20(a)(5)(iv)(B)). The proposed 2020 and 2021 pollock TACs in the
WYK District of 4,607 mt and the SEO District of 8,773 mt are not
allocated by season.
Table 2 lists the proposed 2020 and 2021 seasonal biomass
distribution of pollock in the Western and Central Regulatory Areas,
area apportionments, and seasonal allowances. The amounts of pollock
for processing by the inshore and offshore components are not shown.
Section 679.20(a)(6)(i) requires allocation of 100 percent of the
pollock TAC in all regulatory areas and all seasonal allowances to
vessels catching pollock for processing by the inshore component after
subtraction of amounts projected by the Regional Administrator to be
caught by, or delivered to, the offshore component incidental to
directed fishing for other groundfish species. Thus, the amount of
pollock available for harvest by vessels harvesting pollock for
processing by the offshore component is the amount that will be taken
as incidental catch during directed fishing for groundfish species
other than pollock, up to the maximum retainable amounts allowed by
Sec. 679.20(e) and (f). At this time, the incidental catch amounts of
pollock are unknown and will be determined during the 2020 fishing
year.
Table 2--Proposed 2020 and 2021 Distribution of Pollock in the Central and Western Regulatory Areas of the Gulf of Alaska; Seasonal Biomass
Distribution, Area Apportionments; and Seasonal Allowances of Annual TAC \1\
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
--------------------------------------------------------------------------------------------------------------------------------------------------------
Season \2\ Shumagin
Chirikof
Kodiak Total \3\
(Area 610)
(Area 620)
(Area 630) ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
A (Jan 20-Mar 10)....................... 680 (2.68%) 21,888 (85.39%) 2,823 (11.12%) 25,391
B (Mar 10-May 31)....................... 680 (2.68%) 21,888 (85.39%) 2,823 (11.12%) 25,391
C (Aug 25-Oct 1)........................ 9,290 (36.59%) 6,752 (26.59%) 9,349 (36.82%) 25,391
D (Oct 1-Nov 1)......................... 9,290 (36.59%) 6,752 (26.59%) 9,349 (36.82%) 25,391
---------------------------------------------------------------------------------------------------------------
Annual Total........................ 19,939 .............. 57,279 .............. 24,345 .............. 101,564
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Area apportionments and seasonal allowances may not total precisely due to rounding.
\2\ As established by Sec. 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 through March 10, March 10
through May 31, August 25 through October 1, and October 1 through November 1, respectively. The amounts of pollock for processing by the inshore and
offshore components are not shown in this table.
\3\ The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not included in the total pollock TACs shown in
this table.
Proposed Annual and Seasonal Apportionments of Pacific Cod TAC
Pursuant to Sec. 679.20(a)(12)(i), NMFS proposes allocations for
the 2020 and 2021 Pacific cod TACs in the Western and Central
Regulatory Areas of the GOA among gear and operational sectors. NMFS
also proposes allocating the 2020 and 2021 Pacific cod TACs annually
between the inshore (90 percent) and offshore (10 percent) components
in the Eastern Regulatory Area of the GOA (Sec. 679.20(a)(6)(ii)). In
the Central GOA, the Pacific cod TAC is apportioned seasonally first to
vessels using jig gear, and then among catcher vessels (CVs) less than
50 feet in length overall using hook-and-line gear, CVs equal to or
greater than 50 feet in length overall using hook-and-line gear,
catcher/processors (C/Ps) using hook-and-line gear, CVs using trawl
gear, C/Ps using trawl gear, and vessels using pot gear (Sec.
679.20(a)(12)(i)(B)). In the Western GOA, the Pacific cod TAC is
apportioned seasonally first to vessels using jig gear, and then among
CVs using hook-and-line gear, C/Ps using hook-and-line gear, CVs using
trawl gear, C/Ps using trawl gear, and vessels using pot gear (Sec.
679.20(a)(12)(i)(A)). The overall seasonal apportionments in the
Western and Central GOA are 60 percent of the annual TAC to the A
season and 40 percent of the annual TAC to the B season.
Under Sec. 679.20(a)(12)(ii), any overage or underage of the
Pacific cod allowance from the A season may be subtracted from, or
added to, the subsequent B season allowance. In addition, any portion
of the hook-and-line, trawl, pot, or jig sector allocations that is
determined by NMFS as likely to go unharvested by a sector may be
[[Page 66116]]
reallocated to other sectors for harvest during the remainder of the
fishing year.
Pursuant to Sec. 679.20(a)(12)(i)(A) and (B), a portion of the
annual Pacific cod TACs in the Western and Central GOA will be
allocated to vessels with a Federal fisheries permit that use jig gear
before the TACs are apportioned among other non-jig sectors. In
accordance with the FMP, the annual jig sector allocations may increase
to up to 6 percent of the annual Western and Central GOA Pacific cod
TACs, depending on the annual performance of the jig sector (see Table
1 of Amendment 83 to the FMP for a detailed discussion of the jig
sector allocation process (76 FR 74670, December 1, 2011)). Jig sector
allocation increases are established for a minimum of two years.
NMFS has evaluated the historical harvest performance of the jig
sector in the Western and Central GOA, and proposes 2020 and 2021
Pacific cod apportionments to this sector based on its historical
harvest performance through 2018. For 2020 and 2021, NMFS proposes that
the jig sector receive 2.5 percent of the annual Pacific cod TAC in the
Western GOA. This includes a base allocation of 1.5 percent and an
additional performance increase of 1.0 percent. NMFS also proposes that
the jig sector receive 1.0 percent of the annual Pacific cod TAC in the
Central GOA. This includes a base allocation of 1.0 percent and no
additional performance increase. The 2014 through 2018 Pacific cod jig
allocations, catch, and percent allocation changes are listed in Figure
1.
Figure 1--Summary of Western GOA and Central GOA Pacific Cod Catch by Jig Gear in 2014 Through 2018, and Corresponding Percent Allocation Changes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent of
Area Year Initial Initial TAC Catch (mt) initial >90% of initial Change to percent
percent of TAC allocation allocation allocation? allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
WGOA............................ 2014 2.5 573 785 137 Y Increase 1%.
2015 3.5 948 55 6 N None.
2016 3.5 992 52 5 N Decrease 1%.
2017 2.5 635 49 8 N Decrease 1%.
2018 1.5 125 121 97 Y Increase 1%.
--------------------------------------------------------------------------------------------------------------------------------------------------------
CGOA............................ 2014 2.0 797 262 33 N Decrease 1%.
2015 1.0 460 355 77 N None.
2016 1.0 370 267 72 N None.
2017 1.0 331 18 6 N None.
2018 1.0 61 0 0 N None.
--------------------------------------------------------------------------------------------------------------------------------------------------------
NMFS will re-evaluate the annual 2019 harvest performance of the
jig sector in the Western and Central GOA when the 2019 fishing year is
complete to determine whether to change the jig sector allocations
proposed by this action in conjunction with the final 2020 and 2021
harvest specifications. The current catch through October 2019 by the
Western GOA jig sector indicates that the Pacific cod allocation
percentage to this sector would probably increase by 1 percent in 2020
(from 2.5 percent to 3.5 percent). Also, the current catch by the
Central GOA jig sector indicates that this sector's Pacific cod
allocation percentage would not change in 2020, and would remain at 1
percent. The jig sector allocations for the Western and Central GOA are
further apportioned between the A (60 percent) and B (40 percent)
seasons (Sec. Sec. 679.20(a)(12)(i) and 679.23(d)(3)(iii)).
Table 3 lists the seasonal apportionments and allocations of the
proposed 2020 and 2021 Pacific cod TACs.
Table 3--Proposed 2020 and 2021 Seasonal Apportionments and Allocations of Pacific Cod TAC Amounts in the GOA;
Allocations in the Western GOA and Central GOA Sectors, and the Eastern GOA for Processing by the Inshore and
Offshore Components
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
A Season B Season
---------------------------------------------------------------
Annual Sector Sector
Regulatory area and sector allocation percentage of Seasonal percentage of Seasonal
(mt) annual non-jig allowances annual non-jig allowances
TAC (mt) TAC (mt)
----------------------------------------------------------------------------------------------------------------
Western GOA
Jig (2.5% of TAC)............... 170 N/A 102 N/A 68
Hook-and-line CV................ 93 0.70 46 0.70 46
Hook-and-line C/P............... 1,310 10.90 721 8.90 589
Trawl CV........................ 2,541 27.70 1,833 10.70 708
Trawl C/P....................... 159 0.90 60 1.50 99
Pot CV and Pot C/P.............. 2,514 19.80 1,310 18.20 1,204
-------------------------------------------------------------------------------
Total....................... 6,787 60.00 4,072 40.00 2,715
-------------------------------------------------------------------------------
Central GOA
Jig (1.0% of TAC)............... 73 N/A 44 N/A 29
Hook-and-line <50 CV............ 1,056 9.32 674 5.29 382
Hook-and-line >=50 CV........... 485 5.61 406 1.10 79
[[Page 66117]]
Hook-and-line C/P............... 369 4.11 297 1.00 72
Trawl CV \1\.................... 3,007 21.13 1,528 20.45 1,479
Trawl C/P....................... 304 2.00 145 2.19 159
Pot CV and Pot C/P.............. 2,010 17.83 1,289 9.97 721
-------------------------------------------------------------------------------
Total....................... 7,304 60.00 4,382 40.00 2,921
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
Eastern GOA .............. Inshore (90% of Annual TAC)
Offshore (10% of Annual TAC)
rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
1,619 1,457
162
----------------------------------------------------------------------------------------------------------------
\1\ Trawl catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 278 mt, of the
annual Central GOA Pacific cod TAC (see Table 28c to 50 CFR part 679). This apportionment is deducted from the
Trawl CV B season allowance (see Table 8: Apportionments of Rockfish Secondary Species in the Central GOA and
Table 28c to 50 CFR part 679).
Proposed Allocations of the Sablefish TAC Amounts to Vessels Using
Fixed Gear and Trawl Gear
Section 679.20(a)(4)(i) and (ii) requires allocations of sablefish
TACs for each of the regulatory areas and districts to fixed and trawl
gear. In the Western and Central Regulatory Areas, 80 percent of each
TAC is allocated to fixed gear, and 20 percent of each TAC is allocated
to trawl gear. In the Eastern Regulatory Area, 95 percent of the TAC is
allocated to fixed gear, and 5 percent is allocated to trawl gear. The
trawl gear allocation in the Eastern Regulatory Area may be used only
to support incidental catch of sablefish while directed fishing for
other target species using trawl gear (Sec. 679.20(a)(4)(i)).
In recognition of the prohibition against trawl gear in the SEO
District of the Eastern Regulatory Area, the Council recommended and
NMFS proposes specifying for incidental catch the allocation of 5
percent of the combined Eastern Regulatory Area sablefish TAC to trawl
gear in the WYK District. The remainder of the WYK sablefish TAC is
allocated to vessels using fixed gear. This proposed action allocates
100 percent of the sablefish TAC in the SEO District to vessels using
fixed gear. This results in a proposed 2020 allocation of 321 mt to
trawl gear and 2,112 mt to fixed gear in the WYK District, a proposed
2020 allocation of 3,993 mt to fixed gear in the SEO District, and a
proposed 2021 allocation of 321 mt to trawl gear in the WYK District.
Table 4 lists the allocations of the proposed 2020 sablefish TACs to
fixed and trawl gear. Table 5 lists the allocations of the proposed
2021 sablefish TACs to trawl gear.
The Council recommended that the trawl sablefish TAC be established
for two years so that retention of incidental catch of sablefish by
trawl gear could commence in January in the second year of the
groundfish harvest specifications. Tables 4 and 5 list the proposed
2020 and 2021 trawl allocations, respectively.
The Council recommended that the fixed gear sablefish TAC be
established annually to ensure that the sablefish IFQ fishery is
conducted concurrently with the halibut IFQ fishery and is based on the
most recent survey information. Since there is an annual assessment for
sablefish and since the final harvest specifications are expected to be
published before the IFQ season begins (typically, in early March), the
Council recommended that the fixed gear sablefish TAC be set annually,
rather than for 2 years, so that the best available scientific
information could be considered in establishing the sablefish ABCs and
TACs. Accordingly, Table 4 lists the proposed 2020 fixed gear
allocations, and the 2021 fixed gear allocations will be specified in
the 2021 and 2022 harvest specifications.
With the exception of the trawl allocations that are provided to
the Rockfish Program (see Table 28c to 50 CFR part 679), directed
fishing for sablefish with trawl gear is closed during the fishing
year. Also, fishing for groundfish with trawl gear is prohibited prior
to January 20 (Sec. 679.23(c)). Therefore, it is not likely that the
sablefish allocation to trawl gear would be reached before the
effective date of the final 2021 and 2022 harvest specifications.
Table 4--Proposed 2020 Sablefish TAC Amounts in the Gulf of Alaska and Allocations to Fixed and Trawl Gear
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Fixed gear Trawl
Area/district TAC allocation allocation
----------------------------------------------------------------------------------------------------------------
Western......................................................... 2,105 1,684 421
Central \1\..................................................... 6,931 5,545 1,386
West Yakutat \2\................................................ 2,433 2,112 321
Southeast Outside............................................... 3,993 3,993 0
[[Page 66118]]
Total....................................................... 15,462 13,334 2,129
----------------------------------------------------------------------------------------------------------------
\1\ The trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the Rockfish
Program cooperatives (713 mt). See Table 8: Apportionments of Rockfish Secondary Species in the Central GOA.
This results in 673 mt being available for the non-Rockfish Program trawl fisheries.
\2\ The proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West
Yakutat and Southeast Outside Districts combined) sablefish TAC to trawl gear in the West Yakutat District.
Table 5--Proposed 2021 Sablefish TAC Amounts in the Gulf of Alaska and Allocation to Trawl Gear \1\
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Fixed gear Trawl
Area/district TAC allocation allocation
----------------------------------------------------------------------------------------------------------------
Western......................................................... 2,105 n/a 421
Central \2\..................................................... 6,931 n/a 1,386
West Yakutat \3\................................................ 2,433 n/a 321
Southeast Outside............................................... 3,993 n/a 0
-----------------------------------------------
Total....................................................... 15,462 n/a 2,129
----------------------------------------------------------------------------------------------------------------
\1\ The Council recommended that harvest specifications for the fixed gear sablefish Individual Fishing Quota
fisheries be limited to 1 year.
\2\ The trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the Rockfish
Program cooperatives (713 mt). See Table 8: Apportionments of Rockfish Secondary Species in the Central GOA.
This results in 673 mt being available for the non-Rockfish Program trawl fisheries.
\3\ The proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West
Yakutat and Southeast Outside Districts combined) sablefish TAC to trawl gear in the West Yakutat District.
Proposed Allocations, Apportionments, and Sideboard Limitations for the
Rockfish Program
These proposed 2020 and 2021 harvest specifications for the GOA
include the fishery cooperative allocations and sideboard limitations
established by the Rockfish Program. Program participants are primarily
trawl CVs and trawl C/Ps, with limited participation by vessels using
longline gear. The Rockfish Program assigns quota share and cooperative
quota to participants for primary species (Pacific ocean perch,
northern rockfish, and dusky rockfish) and secondary species (Pacific
cod, rougheye rockfish, sablefish, shortraker rockfish, and thornyhead
rockfish), allows a participant holding a license limitation program
(LLP) license with rockfish quota share to form a rockfish cooperative
with other persons, and allows holders of C/P LLP licenses to opt out
of the fishery. The Rockfish Program also has an entry level fishery
for rockfish primary species for vessels using longline gear. Longline
gear includes hook-and-line, jig, troll, and handline gear.
Under the Rockfish Program, rockfish primary species in the Central
GOA are allocated to participants after deducting for incidental catch
needs in other directed fisheries (Sec. 679.81(a)(2)). Participants in
the Rockfish Program also receive a portion of the Central GOA TAC of
specific secondary species. In addition to groundfish species, the
Rockfish Program allocates a portion of the halibut PSC limit (191 mt)
from the third season deep-water species fishery allowance for the GOA
trawl fisheries to Rockfish Program participants (Sec. 679.81(d) and
Table 28d to 50 CFR part 679). The Rockfish Program also establishes
sideboard limits to restrict the ability of harvesters that operate
under the Rockfish Program to increase their participation in other,
non-Rockfish Program fisheries. These restrictions and halibut PSC
limits are discussed in a subsequent section titled ``Rockfish Program
Groundfish Sideboard and Halibut PSC Limitations.''
Section 679.81(a)(2)(ii) and Table 28e to 50 CFR part 679 require
allocations of 5 mt of Pacific ocean perch, 5 mt of northern rockfish,
and 50 mt of dusky rockfish to the entry level longline fishery in 2020
and 2021. The allocation for the entry level longline fishery may
increase incrementally each year if the catch exceeds 90 percent of the
allocation of a species. The incremental increase in the allocation
would continue each year until it reaches the maximum percentage of the
TAC for that species. In 2019, the catch for all three primary species
did not exceed 90 percent of any allocated rockfish species. Therefore,
NMFS is not proposing any increases to the entry level longline fishery
2020 and 2021 allocations in the Central GOA. The remainder of the TACs
for the rockfish primary species would be allocated to the CV and C/P
cooperatives (Sec. 679.81(a)(2)(iii)). Table 6 lists the allocations
of the proposed 2020 and 2021 TACs for each rockfish primary species to
the entry level longline fishery, the potential incremental increases
for future years, and the maximum percentages of the TACs for the entry
level longline fishery.
[[Page 66119]]
Table 6--Proposed 2020 and 2021 Allocations of Rockfish Primary Species to the Entry Level Longline Fishery in
the Central Gulf of Alaska
----------------------------------------------------------------------------------------------------------------
Incremental increase in
2021 if >90 percent of Up to maximum
Rockfish primary species 2020 and 2021 allocations 2020 allocation is percent of each
harvested TAC of:
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch.................... 5 metric tons............ 5 metric tons............ 1%
Northern rockfish...................... 5 metric tons............ 5 metric tons............ 2%
Dusky rockfish......................... 50 metric tons........... 20 metric tons........... 5%
----------------------------------------------------------------------------------------------------------------
Section 679.81 requires allocations of rockfish primary species
among various sectors of the Rockfish Program. Table 7 lists the
proposed 2020 and 2021 allocations of rockfish primary species in the
Central GOA to the entry level longline fishery, and rockfish CV and C/
P cooperatives in the Rockfish Program. NMFS also proposes setting
aside incidental catch amounts (ICAs) for other directed fisheries in
the Central GOA of 3,000 mt of Pacific ocean perch, 300 mt of northern
rockfish, and 250 mt of dusky rockfish. These amounts are based on
recent average incidental catches in the Central GOA by other
groundfish fisheries.
Allocations among vessels belonging to CV or C/P cooperatives are
not included in these proposed harvest specifications. Rockfish Program
applications for CV cooperatives and C/P cooperatives are not due to
NMFS until March 1 of each calendar year; therefore, NMFS cannot
calculate 2020 and 2021 allocations in conjunction with these proposed
harvest specifications. NMFS will post the 2020 allocations on the
Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports#central-goa-rockfish when they become available after March 1.
Table 7--Proposed 2020 and 2021 Allocations of Rockfish Primary Species in the Central Gulf of Alaska to the
Entry Level Longline Fishery and Rockfish Coooperatives in the Rockfish Program
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Allocation to
Incidental the entry Allocation to
Rockfish primary species Central GOA catch TAC minus ICA level the rockfish
TAC allowance longline\1\ cooperatives\2\
(ICA) fishery
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch............ 19,024 3,000 16,024 5 16,019
Northern rockfish.............. 3,147 300 2,847 5 2,842
Dusky rockfish................. 2,742 250 2,492 50 2,442
--------------------------------------------------------------------------------
Total...................... 24,913 3,550 21,363 60 21,303
----------------------------------------------------------------------------------------------------------------
\1\ Longline gear includes hook-and-line, jig, troll, and handline gear (Sec. 679.2).
\2\ Rockfish cooperatives include vessels in CV and C/P cooperatives (Sec. 679.81).
Section 679.81(c) and Table 28c to 50 CFR part 679 requires
allocations of rockfish secondary species to CV and C/P cooperatives in
the Central GOA. CV cooperatives receive allocations of Pacific cod,
sablefish from the trawl gear allocation, and thornyhead rockfish. C/P
cooperatives receive allocations of sablefish from the trawl gear
allocation, rougheye and blackspotted rockfish, shortraker rockfish,
and thornyhead rockfish. Table 8 lists the apportionments of the
proposed 2020 and 2021 TACs of rockfish secondary species in the
Central GOA to CV and C/P cooperatives.
Table 8--Proposed 2020 and 2021 Apportionments of Rockfish Secondary Species in the Central GOA to Catcher
Vessel and Catcher/Processor Cooperatives
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Catcher vessel cooperatives Catcher/processor cooperatives
Central GOA ---------------------------------------------------------------
Rockfish secondary species annual TAC Percentage of Apportionment Percentage of Apportionment
TAC (mt) TAC (mt)
----------------------------------------------------------------------------------------------------------------
Pacific cod..................... 7,304 3.81 278 0.0 0
Sablefish....................... 6,931 6.78 470 3.51 243
Shortraker rockfish............. 305 0.0 0 40.00 122
Rougheye and blackspotted 545 0.0 0 58.87 321
rockfish.......................
Thornyhead rockfish............. 911 7.84 71 26.50 241
----------------------------------------------------------------------------------------------------------------
Halibut PSC Limits
Section 679.21(d) establishes annual halibut PSC limit
apportionments to trawl and hook-and-line gear, and authorizes the
establishment of apportionments for pot gear. In October 2019, the
Council recommended, and NMFS now proposes, halibut PSC limits of 1,706
mt for trawl gear, 257 mt for hook-and-line gear, and 9 mt for the
[[Page 66120]]
demersal shelf rockfish (DSR) fishery in the SEO District.
The DSR fishery in the SEO District is defined at Sec.
679.21(d)(2)(ii)(A). This fishery is apportioned 9 mt of the halibut
PSC limit in recognition of its small-scale harvests of groundfish
(Sec. 679.21(d)(2)(i)(A)). The separate halibut PSC limit for the DSR
fishery is intended to prevent that fishery from being impacted from
the halibut PSC incurred by other GOA fisheries. NMFS estimates low
halibut bycatch in the DSR fishery because (1) the duration of the DSR
fisheries and the gear soak times are short, (2) the DSR fishery occurs
in the winter when there is less overlap in the distribution of DSR and
halibut, and (3) the directed commercial DSR fishery has a low DSR TAC.
The Alaska Department of Fish and Game sets the commercial GHL for the
DSR fishery after deducting (1) estimates of DSR incidental catch in
all fisheries (including halibut and subsistence); and (2) the
allocation to the DSR sport fish fishery. Of the 261 mt TAC for DSR in
2019, 25 mt were available for directed fishing by the DSR commercial
fishery, of which 18 mt were harvested (through September 25, 2019).
The FMP authorizes the Council to exempt specific gear from the
halibut PSC limits. NMFS, after consultation with the Council, proposes
to exempt pot gear, jig gear, and the sablefish IFQ hook-and-line gear
fishery categories from the non-trawl halibut PSC limit for 2020 and
2021. The Council recommended, and NMFS is proposing, these exemptions
because (1) pot gear fisheries have low annual halibut bycatch
mortality; (2) IFQ program regulations prohibit discard of halibut if
any halibut IFQ permit holder on board a CV holds unused halibut IFQ
for that vessel category and the IFQ regulatory area in which the
vessel is operating (Sec. 679.7(f)(11)); (3) some sablefish IFQ permit
holders hold halibut IFQ permits and are therefore required to retain
the halibut they catch while fishing sablefish IFQ; and (4) NMFS
estimates negligible halibut mortality for the jig gear fisheries given
the small amount of groundfish harvested by jig gear, the selective
nature of jig gear, and the high survival rates of halibut caught and
released with jig gear.
The best available information on estimated halibut bycatch
consists of data collected by fisheries observers during 2019. The
calculated halibut bycatch mortality through October 5, 2019 is 818 mt
for trawl gear and 48 mt for hook-and-line gear for a total halibut
mortality of 866 mt. This halibut mortality was calculated using
groundfish and halibut catch data from the NMFS Alaska Region's catch
accounting system. This accounting system contains historical and
recent catch information compiled from each Alaska groundfish fishery.
Section 679.21(d)(4)(i) and (ii) authorizes NMFS to seasonally
apportion the halibut PSC limits after consultation with the Council.
The FMP and regulations require that the Council and NMFS consider the
following information in seasonally apportioning halibut PSC limits:
(1) Seasonal distribution of halibut, (2) seasonal distribution of
target groundfish species relative to halibut distribution, (3)
expected halibut bycatch needs on a seasonal basis relative to changes
in halibut biomass and expected catch of target groundfish species, (4)
expected bycatch rates on a seasonal basis, (5) expected changes in
directed groundfish fishing seasons, (6) expected actual start of
fishing effort, and (7) economic effects of establishing seasonal
halibut allocations on segments of the target groundfish industry.
Based on public comment, the information presented in the 2019 SAFE
report, and catch data from NMFS, the State, or the International
Pacific Halibut Commission (IPHC), the Council may recommend or NMFS
may make changes to the seasonal, gear-type, or fishery category
apportionments of halibut PSC limits for the final 2020 and 2021
harvest specifications pursuant to Sec. 679.21(d)(1) and (d)(4).
The final 2019 and 2020 harvest specifications (84 FR 9416, March
14, 2019) summarized the Council's and NMFS's findings for these FMP
and regulatory considerations with respect to halibut PSC limits. The
Council's and NMFS's proposed findings for these proposed 2020 and 2021
harvest specifications are unchanged from the final 2019 and 2020
harvest specifications. Table 9 lists the proposed 2020 and 2021
Pacific halibut PSC limits, allowances, and apportionments. The halibut
PSC limits in these tables reflect the halibut PSC limits set forth at
Sec. 679.21(d)(2) and (3). Section 679.21(d)(4)(iii) and (iv)
specifies that any underages or overages of a seasonal apportionment of
a halibut PSC limit will be added to or deducted from the next
respective seasonal apportionment within the fishing year.
Table 9--Proposed 2020 and 2021 Pacific Halibut PSC Limits, Allowances, and Apportionments
[Values are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl gear Hook-and-line gear \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other than DSR DSR
Season Percent Amount -----------------------------------------------------------------------------------------
Season Percent Amount Season Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
January 20-April 1...................... 30.5 519 January 1-June 10.......... 86 221 January 1-December 31..... 9
April 1-July 1.......................... 20 341 June 10-September 1........ 2 5 .......................... .........
July 1-August 1......................... 27 462 September 1-December 31.... 12 31 .......................... .........
August 1-October 1...................... 7.5 128 ........................... ......... ......... .......................... .........
October 1-December 31................... 15 256 ........................... ......... ......... .......................... .........
---------------------------------------------------------------------------------------------------------------
Total............................... ......... 1,706 ........................... ......... 257 .......................... 9
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific halibut prohibited species catch (PSC) limit for hook-and-line gear is allocated to the demersal shelf rockfish (DSR) fishery and
fisheries other than DSR. The Council recommended and NMFS proposes that the hook-and-line sablefish fishery, and the pot and jig gear groundfish
fisheries, be exempt from halibut PSC limits.
Section 679.21(d)(3)(ii) authorizes further apportionment of the
trawl halibut PSC limit as bycatch allowances to trawl fishery
categories listed in Sec. 679.21(d)(3)(iii). The annual apportionments
are based on each category's share of the anticipated halibut bycatch
mortality during a fishing year and optimization of the total amount of
groundfish harvest under the halibut PSC limit. The fishery categories
for the trawl halibut PSC
[[Page 66121]]
limits are (1) a deep-water species fishery, composed of sablefish,
rockfish, deep-water flatfish, rex sole, and arrowtooth flounder; and
(2) a shallow-water species fishery, composed of pollock, Pacific cod,
shallow-water flatfish, flathead sole, Atka mackerel, skates, and
``other species'' (sculpins, sharks, and octopuses) (Sec.
679.21(d)(3)(iii)). Halibut mortality incurred while directed fishing
for skates with trawl gear accrues towards the shallow-water species
fishery halibut PSC limit (69 FR 26320, May 12, 2004). Table 10 lists
the proposed 2020 and 2021 seasonal apportionments of trawl halibut PSC
limits between the trawl gear deep-water and the shallow-water species
fisheries.
NMFS will combine available trawl halibut PSC limit apportionments
in part of the second season deep-water and shallow-water species
fisheries for use in either fishery from May 15 through June 30 (Sec.
679.21(d)(4)(iii)(D)). This is intended to maintain groundfish harvest
while minimizing halibut bycatch by these sectors to the extent
practicable. This provides the trawl gear deep-water and shallow-water
species fisheries additional flexibility and the incentive to
participate in fisheries at times of the year that may have lower
halibut PSC rates relative to other times of the year.
Table 28d to 50 CFR part 679 specifies the amount of the trawl
halibut PSC limit that is assigned to the CV and C/P sectors that are
participating in the Central GOA Rockfish Program. This includes 117 mt
of halibut PSC limit to the CV sector and 74 mt of halibut PSC limit to
the C/P sector. These amounts are allocated from the trawl deep-water
species fishery's halibut PSC third seasonal apportionment. After the
combined CV and C/P halibut PSC limit allocation of 191 mt to the
Rockfish Program, 150 mt remains for the trawl deep-water species
fishery's halibut PSC third seasonal apportionment.
Section 679.21(d)(4)(iii)(B) limits the amount of the halibut PSC
limit allocated to Rockfish Program participants that could be re-
apportioned to the general GOA trawl fisheries to no more than 55
percent of the unused annual halibut PSC limit apportioned to Rockfish
Program participants. The remainder of the unused Rockfish Program
halibut PSC limit is unavailable for use by any person for the
remainder of the fishing year (Sec. 679.21(d)(4)(iii)(C)).
Table 10--Proposed 2020 and 2021 Seasonal Apportionments of the Pacific Halibut PSC Limit Apportioned Between
the Trawl Gear Shallow-Water and Deep-Water Species Fisheries
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Season Shallow-water Deep-water \1\ Total
----------------------------------------------------------------------------------------------------------------
January 20-April 1.............................................. 384 135 519
April 1-July 1.................................................. 85 256 341
July 1-August 1................................................. 121 341 462
August 1-October 1.............................................. 53 75 128
-----------------------------------------------
Subtotal, January 20-October 1.................................. 643 807 1,450
-----------------------------------------------
October 1-December 31 \2\....................................... .............. .............. 256
-----------------------------------------------
Total....................................................... .............. .............. 1,706
----------------------------------------------------------------------------------------------------------------
\1\ Vessels participating in cooperatives in the Rockfish Program will receive 191 mt of the third season (July
1 through August 1) deep-water species fishery halibut PSC apportionment.
\2\ There is no apportionment between trawl shallow-water and deep-water species fisheries during the fifth
season (October 1 through December 31).
Section 679.21(d)(2) requires that the ``other hook-and-line
fishery'' halibut PSC limit apportionment to vessels using hook-and-
line gear be divided between CVs and C/Ps. NMFS must calculate the
halibut PSC limit apportionments for the entire GOA to hook-and-line
CVs and C/Ps in accordance with Sec. 679.21(d)(2)(iii) and in
conjunction with these harvest specifications. A comprehensive
description and example of the calculations necessary to apportion the
``other hook-and-line fishery'' halibut PSC limit between the hook-and-
line CV and C/P sectors were included in the proposed rule to implement
Amendment 83 to the FMP (76 FR 44700, July 26, 2011) and are not
repeated here.
For 2020 and 2021, NMFS proposes annual halibut PSC limit
apportionments of 120 mt and 137 mt to the hook-and-line CV and hook-
and-line C/P sectors, respectively. The 2020 and 2021 annual halibut
PSC limits are divided into three seasonal apportionments, using
seasonal percentages of 86 percent, 2 percent, and 12 percent. Table 11
lists the proposed 2020 and 2021 annual halibut PSC limits and seasonal
apportionments between the hook-and-line CV and hook-and-line C/P
sectors in the GOA.
No later than November 1 each year, any halibut PSC limit allocated
under Sec. 679.21(d)(2)(ii)(B) not projected by the Regional
Administrator to be used by one of the hook-and-line sectors during the
remainder of the fishing year will be made available to the other
sector. NMFS calculates the projected unused amount of halibut PSC
limit by either the CV hook-and-line or the C/P hook-and-line sectors
of the ``other hook-and-line fishery'' for the remainder of the year.
The projected unused amount of halibut PSC limit by either of these
sectors is made available to the remaining hook-and-line sector for the
remainder of that fishing year if NMFS determines that an additional
amount of halibut PSC limit is necessary for that sector to continue
its directed fishing operations (Sec. 679.21(d)(2)(iii)(C)).
[[Page 66122]]
Table 11--Proposed 2020 and 2021 Apportionments of the ``Other Hook-and-Line Fisheries'' Halibut PSC Allowance
Between the Hook-and-Line Gear Catcher Vessel and Catcher/Processor Sectors
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Sector
``Other than DSR'' Hook-and-line sector Sector annual Season Seasonal seasonal
allowance amount percentage amount
----------------------------------------------------------------------------------------------------------------
257.................. Catcher Vessel...... 120 January 1-June 10.. 86 103
June 10-September 1 2 2
September 1- 12 14
December 31.
Catcher/Processor... 137 January 1-June 10.. 86 118
June 10-September 1 2 3
September 1- 12 16
December 31.
----------------------------------------------------------------------------------------------------------------
Halibut Discard Mortality Rates
To monitor halibut bycatch mortality allowances and apportionments,
the Regional Administrator uses observed halibut incidental catch
rates, halibut discard mortality rates (DMRs), and estimates of
groundfish catch to project when a fishery's halibut bycatch mortality
allowance or seasonal apportionment is reached. Halibut incidental
catch rates are based on observers' estimates of halibut incidental
catch in the groundfish fishery. DMRs are estimates of the proportion
of incidentally caught halibut that do not survive after being returned
to the sea. The cumulative halibut mortality that accrues to a
particular halibut PSC limit is the product of a DMR multiplied by the
estimated halibut PSC. DMRs are estimated using the best scientific
information available in conjunction with the annual GOA stock
assessment process. The DMR methodology and findings are included as an
appendix to the annual GOA groundfish SAFE report.
In 2016, the DMR estimation methodology underwent revisions per the
Council's directive. An interagency halibut working group (IPHC,
Council, and NMFS staff) developed improved estimation methods that
have undergone review by the Plan Team, the SSC, and the Council. A
summary of the revised methodology is contained in the GOA proposed
2017 and 2018 harvest specifications (81 FR 87881, December 6, 2016),
and the comprehensive discussion of the working group's statistical
methodology is available from the Council (see ADDRESSES). The DMR
working group's revised methodology is intended to improve estimation
accuracy, transparency, and transferability in the methodology used for
calculating DMRs. The working group will continue to consider
improvements to the methodology used to calculate halibut mortality,
including potential changes to the reference period (the period of data
used for calculating the DMRs). Future DMRs may change based on
additional years of observer sampling, which could provide more recent
and accurate data and which could improve the accuracy of estimation
and progress on methodology. The methodology will continue to ensure
that NMFS is using DMRs that more accurately reflect halibut mortality,
which will inform the different sectors of their estimated halibut
mortality and allow specific sectors to respond with methods that could
reduce mortality and, eventually, the DMR for that sector.
In October 2019, the Council recommended adopting the halibut DMRs
derived from the revised methodology for the proposed 2020 and 2021
DMRs. The proposed 2020 and 2021 DMRs use an updated 2-year reference
period of 2017 and 2018. Comparing the proposed 2020 and 2021 DMRs to
the final DMRs from the 2019 and 2020 harvest specifications, the
proposed DMR for Rockfish Program CVs using non-pelagic trawl gear
increased to 52 percent from 49 percent, the proposed DMR for non-
Rockfish Program C/Vs using non-pelagic trawl gear increased to 68
percent from 67 percent, the proposed DMR for C/Ps and motherships
using non-pelagic trawl gear decreased to 75 percent from 79 percent,
the proposed DMR for CVs using hook-and-line gear decreased to 13
percent from 21 percent, and the proposed DMR for C/Ps and CVs using
pot gear decreased to 0 percent from 4 percent. Table 12 lists the
proposed 2020 and 2021 DMRs.
Table 12--Proposed 2020 and 2021 Discard Mortality Rates for Vessels Fishing in the Gulf of Alaska
[Values are percent of halibut assumed to be dead]
----------------------------------------------------------------------------------------------------------------
Halibut
discard
Gear Sector Groundfish fishery mortality rate
(percent)
----------------------------------------------------------------------------------------------------------------
Pelagic trawl........................... Catcher vessel............ All....................... 100
Catcher/processor......... All....................... 100
Non-pelagic trawl....................... Catcher vessel............ Rockfish Program.......... 52
Catcher vessel............ All others................ 68
Mothership and catcher/ All....................... 75
processor.
Hook-and-line........................... Catcher/processor......... All....................... 11
Catcher vessel............ All....................... 13
Pot..................................... Catcher vessel and catcher/ All....................... 0
processor.
----------------------------------------------------------------------------------------------------------------
[[Page 66123]]
Chinook Salmon Prohibited Species Catch Limits
Amendment 93 to the FMP (77 FR 42629, July 20, 2012) established
separate Chinook salmon PSC limits in the Western and Central
regulatory areas of the GOA in the pollock trawl directed fishery.
These limits require that NMFS close directed fishing for pollock in
the Western and Central GOA if the applicable Chinook salmon PSC limit
is reached (Sec. 679.21(h)(8)). The annual Chinook salmon PSC limits
in the pollock trawl directed fishery of 6,684 salmon in the Western
GOA and 18,316 salmon in the Central GOA are set in Sec.
679.21(h)(2)(i) and (ii).
Amendment 97 to the FMP (79 FR 71350, December 2, 2014) established
an initial annual PSC limit of 7,500 Chinook salmon for the non-pollock
groundfish trawl fisheries in the Western and Central GOA. This limit
is apportioned among three sectors: 3,600 Chinook salmon to trawl C/Ps;
1,200 Chinook salmon to trawl CVs participating in the Rockfish
Program; and 2,700 Chinook salmon to trawl CVs not participating in the
Rockfish Program (Sec. 679.21(h)(4)). NMFS will monitor the Chinook
salmon PSC in the non-pollock GOA groundfish fisheries and close an
applicable sector if it reaches its Chinook salmon PSC limit.
The Chinook salmon PSC limit for two sectors, trawl C/Ps and trawl
CVs not participating in the Rockfish Program, may be increased in
subsequent years based on the performance of these two sectors and
their ability to minimize their use of their respective Chinook salmon
PSC limits. If either or both of these two sectors limit its use of
Chinook salmon PSC to a certain threshold amount in 2019 (3,120 for
trawl C/Ps and 2,340 for non-Rockfish Program trawl CVs), that sector
will receive an increase to its 2020 Chinook salmon PSC limit (4,080
for trawl C/Ps and 3,060 for non-Rockfish Program trawl CVs) (Sec.
679.21(h)(4)). NMFS will evaluate the annual Chinook salmon PSC by
trawl C/Ps and non-Rockfish Program trawl CVs when the 2019 fishing
year is complete to determine whether to increase the Chinook salmon
PSC limits for these two sectors. Based on preliminary 2019 Chinook
salmon PSC data, the trawl C/P sector may receive an incremental
increase of Chinook salmon PSC limit in 2020, and the non-Rockfish
Program trawl CV sector may not receive an incremental increase of
Chinook salmon PSC limit in 2020. This evaluation will be completed in
conjunction with the final 2020 and 2021 harvest specifications.
AFA C/P and CV Groundfish Sideboard Limits
Section 679.64 establishes groundfish harvesting and processing
sideboard limits on AFA C/Ps and CVs in the GOA. These sideboard limits
are necessary to protect the interests of fishermen and processors who
do not directly benefit from the AFA from those fishermen and
processors who receive exclusive harvesting and processing privileges
under the AFA. Section 679.7(k)(1)(ii) prohibits listed AFA C/Ps and C/
Ps designated on a listed AFA C/P permit from harvesting any species of
fish in the GOA. Additionally, Sec. 679.7(k)(1)(iv) prohibits listed
AFA C/Ps and C/Ps designated on a listed AFA C/P permit from processing
any pollock harvested in a directed pollock fishery in the GOA and any
groundfish harvested in Statistical Area 630 of the GOA.
AFA CVs that are less than 125 ft (38.1 meters) length overall,
have annual landings of pollock in the Bering Sea and Aleutian Islands
of less than 5,100 mt, and have made at least 40 landings of GOA
groundfish from 1995 through 1997 are exempt from GOA CV groundfish
sideboard limits under Sec. 679.64(b)(2)(ii). Sideboard limits for
non-exempt AFA CVs in the GOA are based on their traditional harvest
levels of TAC in groundfish fisheries covered by the FMP. Section
679.64(b)(3)(iv) establishes for CVs the groundfish sideboard limits in
the GOA based on the aggregate retained catch of non-exempt AFA CVs of
each sideboard species from 1995 through 1997 divided by the TAC for
that species over the same period.
NMFS published a final rule (84 FR 2723, February 8, 2019) that
implemented regulations to prohibit non-exempt AFA CVs from directed
fishing for specific groundfish species or species groups subject to
sideboard limits (Sec. 679.20(d)(1)(iv)(D) and Table 56 to 50 CFR part
679). Sideboard limits not subject to the final rule continue to be
calculated and included in the GOA annual harvest specifications.
Table 13 lists the proposed 2020 and 2021 groundfish sideboard
limits for non-exempt AFA CVs. NMFS will deduct all targeted or
incidental catch of sideboard species made by non-exempt AFA CVs from
the sideboard limits listed in Table 13.
Table 13--Proposed 2020 and 2021 GOA Non-Exempt American Fisheries Act Catcher Vessel (CV) Groundfish Sideboard Limits
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of 1995-
1997 non-exempt Proposed 2020 Proposed 2020
Species Apportionments by season/ Area/component AFA CV catch to and 2021 TACs and 2021 non-
gear 1995-1997 TAC \3\ exempt AFA CV
sideboard limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock................................ A Season.................. Shumagin (610)............ 0.6047 680 411
January 20-March 10....... Chirikof (620)............ 0.1167 21,888 2,554
Kodiak (630).............. 0.2028 2,823 573
B Season.................. Shumagin (610)............ 0.6047 680 411
March 10-May 31........... Chirikof (620)............ 0.1167 21,888 2,554
Kodiak (630).............. 0.2028 2,823 573
C Season.................. Shumagin (610)............ 0.6047 9,290 5,617
August 25-October 1....... Chirikof (620)............ 0.1167 6,752 788
Kodiak (630).............. 0.2028 9,349 1,896
D Season.................. Shumagin (610)............ 0.6047 9,290 5,617
October 1-November 1...... Chirikof (620)............ 0.1167 6,752 788
Kodiak (630).............. 0.2028 9,349 1,896
Annual.................... WYK (640)................. 0.3495 4,607 1,610
SEO (650)................. 0.3495 8,773 3,066
Pacific cod............................ A Season \1\.............. W......................... 0.1331 4,072 542
[[Page 66124]]
January 1-June 10......... C......................... 0.0692 4,382 303
B Season \2\.............. W......................... 0.1331 2,715 361
September 1-December 31... C......................... 0.0692 2,921 202
Flatfish, shallow-water................ Annual.................... W......................... 0.0156 13,250 207
C......................... 0.0587 26,065 1,530
Flatfish, deep-water................... Annual.................... C......................... 0.0647 3,488 226
E......................... 0.0128 5,716 73
Rex sole............................... Annual.................... C......................... 0.0384 8,371 321
Arrowtooth flounder.................... Annual.................... C......................... 0.0280 68,575 1,920
Flathead sole.......................... Annual.................... C......................... 0.0213 15,400 328
Pacific ocean perch.................... Annual.................... C......................... 0.0748 19,024 1,423
E......................... 0.0466 5,503 256
Northern rockfish...................... Annual.................... C......................... 0.0277 3,147 87
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
\3\ The Western and Central GOA and WYK District area apportionments of pollock are considered ACLs.
Non-Exempt AFA Catcher Vessel Halibut PSC Sideboard Limits
The halibut PSC sideboard limits for non-exempt AFA CVs in the GOA
are based on the aggregate retained groundfish catch by non-exempt AFA
CVs in each PSC target category from 1995 through 1997 divided by the
retained catch of all vessels in that fishery from 1995 through 1997
(Sec. 679.64(b)(4)(ii)). Table 14 lists the proposed 2020 and 2021
non-exempt AFA CV halibut PSC sideboard limits for vessels using trawl
gear in the GOA.
Table 14--Proposed 2020 and 2021 Non-Exempt American Fisheries Act Catcher Vessel Halibut PSC Sideboard Limits
for Vessels Using Trawl Gear in the GOA
[PSC limits are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Ratio of 1995-
1997 non-
exempt AFA CV Proposed 2020 Proposed 2020
Season Season dates Fishery category retained and 2021 PSC and 2021 non-
catch to total limit exempt AFA CV
retained PSC limit
catch
----------------------------------------------------------------------------------------------------------------
1.................. January 20-April 1... shallow-water....... 0.340 384 131
deep-water.......... 0.070 135 9
2.................. April 1-July 1....... shallow-water....... 0.340 85 29
deep-water.......... 0.070 256 18
3.................. July 1--August 1..... shallow-water....... 0.340 121 41
deep-water.......... 0.070 341 24
4.................. August 1--October 1.. shallow-water....... 0.340 53 18
deep-water.......... 0.070 75 5
5.................. October 1--December all targets......... 0.205 256 52
31.
----------------------------------------------------------------------------------------------------------------
Annual................................ Total shallow-water. .............. .............. 219
--------------------------------------------------------------------------------------------
Total deep-water.... .............. .............. 56
--------------------------------------------------------------------------------------------
Grand Total, all seasons and categories 1,706 327
----------------------------------------------------------------------------------------------------------------
Non-AFA Crab Vessel Groundfish Sideboard Limits
Section 680.22 establishes groundfish sideboard limits for vessels
with a history of participation in the Bering Sea snow crab fishery to
prevent these vessels from using the increased flexibility provided by
the CR Program to expand their level of participation in the GOA
groundfish fisheries. Sideboard harvest limits restrict these vessels'
catch to their collective historical landings in each GOA groundfish
fishery (except the fixed-gear sablefish fishery). Sideboard limits
also apply to landings made using an LLP license derived from the
history of a restricted vessel, even if that LLP license is used on
another vessel.
The basis for these sideboard harvest limits is described in detail
in the final rules implementing the major provisions of the CR Program,
including Amendments 18 and 19 to the Fishery
[[Page 66125]]
Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs
(Crab FMP) (70 FR 10174, March 2, 2005), Amendment 34 to the Crab FMP
(76 FR 35772, June 20, 2011), Amendment 83 to the GOA FMP (76 FR 74670,
December 1, 2011), and Amendment 45 to the Crab FMP (80 FR 28539, May
19, 2015). Also, NMFS published a final rule (84 FR 2723, February 8,
2019) that implemented regulations to prohibit non-AFA crab vessels
from directed fishing for all groundfish species or species groups
subject to sideboard limits, except for Pacific cod apportioned to CVs
using pot gear in the Western and Central Regulatory Areas (Sec.
680.22(e)(1)(iii)).
Table 15 lists the proposed 2020 and 2021 groundfish sideboard
limits for non-AFA crab vessels not subject to the directed fishing
prohibition under Sec. 680.22(e)(1)(iii). All targeted or incidental
catch of sideboard species made by non-AFA crab vessels or associated
LLP licenses will be deducted from these sideboard limits.
Table 15--Proposed 2020 and 2021 GOA Non-American Fisheries Act Crab Vessel Groundfish Sideboard Limits
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of 1996- Proposed 2020
2000 non-AFA and 2021 non-
crab vessel Proposed 2020 AFA crab
Species Season/gear Area/component/gear catch to 1996- and 2021 TACs vessel
2000 total sideboard
harvest limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod.............................. A Season: January 1-June 10..... Western Pot CV............. 0.0997 4,072 406
Central Pot CV 0.0474..................... 4,382 208
B Season: September 1-December Western Pot CV............. 0.0997 2,715 271
31.
Central Pot CV 0.0474..................... 2,921 138
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rockfish Program Groundfish Sideboard and Halibut PSC Limitations
The Rockfish Program establishes three classes of sideboard
provisions: CV groundfish sideboard restrictions, C/P rockfish
sideboard restrictions, and C/P opt-out vessel sideboard restrictions
(Sec. 679.82(c)(1)). These sideboards are intended to limit the
ability of rockfish harvesters to expand into other fisheries.
CVs participating in the Rockfish Program may not participate in
directed fishing for dusky rockfish, Pacific ocean perch, and northern
rockfish in the Western GOA and West Yakutat District from July 1
through July 31. Also, CVs may not participate in directed fishing for
arrowtooth flounder, deep-water flatfish, and rex sole in the GOA from
July 1 through July 31 (Sec. 679.82(d)).
C/Ps participating in Rockfish Program cooperatives are restricted
by rockfish and halibut PSC sideboard limits. These C/Ps are prohibited
from directed fishing for dusky rockfish, Pacific ocean perch, and
northern rockfish in the Western GOA and West Yakutat District from
July 1 through July 31 (Sec. 679.82(e)(2)). Holders of C/P-designated
LLP licenses that opt out of participating in a Rockfish Program
cooperative will be able to access that portion of each rockfish
sideboard limits that is not assigned to Rockfish Program cooperatives
(Sec. 679.82(e)(7)). The sideboard ratio for each rockfish fishery in
the Western GOA and West Yakutat District is set forth in Sec.
679.82(e)(4). Table 16 lists the proposed 2020 and 2021 Rockfish
Program C/P rockfish sideboard limits in the Western GOA and West
Yakutat District. Due to confidentiality requirements associated with
fisheries data, the sideboard limits for the West Yakutat District are
not displayed.
Table 16--Proposed 2020 and 2021 Rockfish Program Sideboard Limits for the Western GOA and West Yakutat District
by Fishery for the Catcher/Processor (C/P) Sector
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
C/P sector (% of Proposed 2020 Proposed 2020 and 2021
Area Fishery TAC) and 2021 TACs C/P sideboard limit
----------------------------------------------------------------------------------------------------------------
Western GOA.................... Dusky rockfish... 72.3............. 774 560.
Pacific ocean 50.6............. 3,125 1,581.
perch.
Northern rockfish 74.3............. 1,122 834.
West Yakutat District.......... Dusky rockfish... Confidential 1... 94 Confidential. 1
Pacific ocean Confidential 1... 3,192 Confidential. 1
perch.
----------------------------------------------------------------------------------------------------------------
\1\ Not released due to confidentiality requirements associated with fish ticket data, as established by NMFS
and the State of Alaska.
Under the Rockfish Program, the C/P sector is subject to halibut
PSC sideboard limits for the trawl deep-water and shallow-water species
fisheries from July 1 through July 31 (Sec. 679.82(e)(3) and (e)(5)).
Halibut PSC sideboard ratios by fishery are set forth in Sec.
679.82(e)(5). No halibut PSC sideboard limits apply to the CV sector,
as vessels participating in a rockfish cooperative receive a portion of
the annual halibut PSC limit. C/Ps that opt out of the Rockfish Program
would be able to access that portion of the deep-water and shallow-
water halibut PSC sideboard limit not assigned to C/P rockfish
cooperatives. The sideboard provisions for C/Ps that elect to opt out
of participating in a rockfish cooperative are described in Sec.
679.82(c), (e), and (f). Sideboard limits are linked to the catch
history of specific vessels that may choose to opt out. After March 1,
NMFS will determine which C/Ps have opted-out of the Rockfish Program
in 2020, and will know the ratios and amounts used to calculate opt-out
sideboard
[[Page 66126]]
ratios. NMFS will then calculate any applicable opt-out sideboard
limits for 2020 and post these limits on the Alaska Region website at
https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports#central-goa-rockfish. Table 17 lists the
proposed 2020 and 2021 Rockfish Program halibut PSC limits for the C/P
sector.
Table 17--Proposed 2020 and 2021 Rockfish Program Halibut PSC Limits for the Catcher/Processor Sector
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual shallow- Annual deep-
Shallow-water Deep-water water species water species
species fishery species fishery Annual halibut fishery fishery
Sector halibut PSC halibut PSC PSC limit (mt) halibut PSC halibut PSC
sideboard ratio sideboard ratio sideboard limit sideboard limit
(percent) (percent) (mt) (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catcher/processor.................................................. 0.10 2.50 1,706 2 43
--------------------------------------------------------------------------------------------------------------------------------------------------------
Amendment 80 Program Groundfish and PSC Sideboard Limits
Amendment 80 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (Amendment 80 Program)
established a limited access privilege program for the non-AFA trawl C/
P sector. The Amendment 80 Program established groundfish and halibut
PSC limits for Amendment 80 Program participants to limit the ability
of participants eligible for the Amendment 80 Program to expand their
harvest efforts in the GOA.
Section 679.92 establishes groundfish harvesting sideboard limits
on all Amendment 80 Program vessels, other than the F/V Golden Fleece,
to amounts no greater than the limits shown in Table 37 to 50 CFR part
679. Under Sec. 679.92(d), the F/V Golden Fleece is prohibited from
directed fishing for pollock, Pacific cod, Pacific ocean perch, dusky
rockfish, and northern rockfish in the GOA.
Groundfish sideboard limits for Amendment 80 Program vessels
operating in the GOA are based on their average aggregate harvests from
1998 through 2004 (72 FR 52668, September 14, 2007). Table 18 lists the
proposed 2020 and 2021 groundfish sideboard limits for Amendment 80
Program vessels. NMFS will deduct all targeted or incidental catch of
sideboard species made by Amendment 80 Program vessels from the
sideboard limits in Table 18.
Table 18--Proposed 2020 and 2021 GOA Groundfish Sideboard Limits for Amendment 80 Program Vessels
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Ratio of Proposed 2020
Amendment 80 and 2021
sector Proposed 2020 Amendment 80
Species Season Area vessels 1998- and 2021 TAC vessel
2004 catch to (mt) sideboard
TAC limits (mt)
----------------------------------------------------------------------------------------------------------------
Pollock...................... A Season: Shumagin (610). 0.003 680 2
January 20-
March 10.
Chirikof (620). 0.002 21,888 44
Kodiak (630)... 0.002 2,823 6
B Season: March Shumagin (610). 0.003 680 2
10-May 31.
Chirikof (620). 0.002 21,888 44
Kodiak (630)... 0.002 2,823 6
C Season: August Shumagin (610). 0.003 9,290 28
25-October 1.
Chirikof (620). 0.002 6,752 14
Kodiak (630)... 0.002 9,349 19
D Season: Shumagin (610). 0.003 9,290 28
October 1- Chirikof (620). 0.002 6,752 14
November 1.
Kodiak (630)... 0.002 9,349 19
Annual.......... WYK (640)...... 0.002 4,607 9
Pacific cod.................. A Season 1 W.............. 0.020 4,072 81
January 1-June C.............. 0.044 4,382 193
10.
B Season \2\ W.............. 0.020 2,715 54
September 1- C.............. 0.044 2,921 129
December 31.
Annual.......... WYK............ 0.034 1,619 55
Pacific ocean perch.......... Annual.......... W.............. 0.994 3,125 3,106
WYK............ 0.961 3,192 3,068
Northern rockfish............ Annual.......... W.............. 1.000 1,122 1,122
Dusky rockfish............... Annual.......... W.............. 0.764 774 591
WYK............ 0.896 94 84
----------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
[[Page 66127]]
The halibut PSC sideboard limits for Amendment 80 Program vessels
in the GOA are based on the historical use of halibut PSC by Amendment
80 Program vessels in each PSC target category from 1998 through 2004.
These values are slightly lower than the average historical use to
accommodate two factors: Allocation of halibut PSC cooperative quota
under the Rockfish Program and the exemption of the F/V Golden Fleece
from this restriction (Sec. 679.92(b)(2)). Table 19 lists the proposed
2020 and 2021 halibut PSC sideboard limits for Amendment 80 Program
vessels. These tables incorporate the maximum percentages of the
halibut PSC sideboard limits that may be used by Amendment 80 Program
vessels as contained in Table 38 to 50 CFR part 679. Any residual
amount of a seasonal Amendment 80 halibut PSC sideboard limit may carry
forward to the next season limit (Sec. 679.92(b)(2)).
Table 19--Proposed 2020 and 2021 Halibut PSC Sideboard Limits for Amendment 80 Program Vessels in the GOA
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Historic Proposed 2020
Amendment 80 Proposed 2020 and 2021
use of the and 2021 Amendment 80
Season Season dates Fishery category annual halibut annual PSC vessel PSC
PSC limit limit (mt) sideboard
(ratio) limit (mt)
----------------------------------------------------------------------------------------------------------------
1.................. January 20-April 1... shallow-water....... 0.0048 1,706 8
deep-water.......... 0.0115 1,706 20
2.................. April 1-July 1....... shallow-water....... 0.0189 1,706 32
deep-water.......... 0.1072 1,706 183
3.................. July 1-August 1...... shallow-water....... 0.0146 1,706 25
deep-water.......... 0.0521 1,706 89
4.................. August 1-October 1... shallow-water....... 0.0074 1,706 13
deep-water.......... 0.0014 1,706 2
5.................. October 1-December 31 shallow-water....... 0.0227 1,706 39
deep-water.......... 0.0371 1,706 63
----------------------------------------------------------------------------------------------------------------
Annual................................ Total shallow-water. .............. .............. 117
--------------------------------------------------------------------------------------------
Total deep-water.... .............. .............. 357
--------------------------------------------------------------------------------------------
Grand Total, all seasons and categories 474
----------------------------------------------------------------------------------------------------------------
Classification
NMFS has determined that the proposed harvest specifications are
consistent with the FMP and preliminarily determined that the proposed
harvest specifications are consistent with the Magnuson-Stevens Act and
other applicable laws, subject to further review after public comment.
This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Order 12866. This proposed rule is not an
Executive Order 13771 regulatory action because this rule is not
significant under Executive Order 12866.
NMFS prepared an EIS for the Alaska groundfish harvest
specifications and alternative harvest strategies and made it available
to the public on January 12, 2007 (72 FR 1512). On February 13, 2007,
NMFS issued the ROD for the Final EIS. A SIR that assesses the need to
prepare a Supplemental EIS is being prepared for the final 2020 and
2021 harvest specifications. Copies of the Final EIS, ROD, and annual
SIRs for this action are available from NMFS (see ADDRESSES). The Final
EIS analyzes the environmental, social, and economic consequences of
the proposed groundfish harvest specifications and alternative harvest
strategies on resources in the action area. Based on the analysis in
the Final EIS, NMFS concluded that the preferred Alternative
(Alternative 2) provides the best balance among relevant environmental,
social, and economic considerations and allows for continued management
of the groundfish fisheries based on the most recent, best scientific
information.
NMFS prepared an IRFA as required by section 603 of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 603), analyzing the methodology for
establishing the relevant TACs. The IRFA evaluated the economic impacts
on small entities of alternative harvest strategies for the groundfish
fisheries in the EEZ off Alaska. As described in the methodology, TACs
are set to a level that falls within the range of ABCs recommended by
the SSC; the sum of the TACs must achieve the OY specified in the FMP.
While the specific numbers that the methodology produces may vary from
year to year, the methodology itself remains constant.
A description of the proposed action, why it is being considered,
and the legal basis for this proposed action are contained in the
preamble above. A copy of the IRFA is available from NMFS (see
ADDRESSES). A summary of the IRFA follows.
The action under consideration is a harvest strategy to govern the
catch of groundfish in the GOA. The preferred alternative (Alternative
2) is the existing harvest strategy in which TACs fall within the range
of ABCs recommended by the SSC. However, as discussed below, NMFS also
considered other alternatives. This action is taken in accordance with
the FMP prepared by the Council pursuant to the Magnuson-Stevens Act.
The entities directly regulated by this action are those that
harvest groundfish in the EEZ of the GOA and in parallel fisheries
within State of Alaska waters. These include entities operating CVs and
C/Ps within the action area and entities receiving direct allocations
of groundfish.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411)
[[Page 66128]]
is classified as a small business if it is independently owned and
operated, is not dominant in its field of operation (including its
affiliates), and has combined annual gross receipts not in excess of
$11 million for all its affiliated operations worldwide. In addition,
under the RFA, the aggregate gross receipts of all participating
members of a cooperative must meet the ``under $11 million'' threshold
to be considered a small entity.
The IRFA shows that, in 2018, there were 756 individual CVs with
gross revenues less than or equal to $11 million. This estimate
accounts for corporate affiliations among vessels, and for cooperative
affiliations among fishing entities, since some of the fishing vessels
operating in the GOA are members of AFA inshore pollock cooperatives,
GOA rockfish cooperatives, or BSAI CR Program cooperatives. Vessels
that participate in these cooperatives are considered to be large
entities within the meaning of the RFA because the aggregate gross
receipts of all participating members exceed the $11 million threshold.
After accounting for membership in these cooperatives, there are an
estimated 756 small CV entities remaining in the GOA groundfish sector.
However, the estimate of 756 CVs may be an overstatement of the number
of small entities. This latter group of vessels had average gross
revenues that varied by gear type. Average gross revenues for hook-and-
line CVs, pot gear CVs, and trawl gear CVs are estimated to be
$390,000, $870,000, and $2 million, respectively. Revenue data for the
three C/Ps considered to be small entities are confidential.
The preferred alternative (Alternative 2) was compared to four
other alternatives. Alternative 1 would have set TACs to generate
fishing rates equal to the maximum permissible ABC (if the full TAC
were harvested), unless the sum of TACs exceeded the GOA OY, in which
case TACs would be limited to the OY. Alternative 3 would have set TACs
to produce fishing rates equal to the most recent 5-year average
fishing rates. Alternative 4 would have set TACs to equal the lower
limit of the GOA OY range. Alternative 5, the ``no action
alternative,'' would have set TACs equal to zero.
The TACs associated with Alternative 2, the preferred harvest
strategy, are those recommended by the Council in October 2019. OFLs
and ABCs for the species were based on recommendations prepared by the
Council's Plan Team in September 2019, and reviewed by the Council's
SSC in October 2019. The Council based its TAC recommendations on those
of its AP, which were consistent with the SSC's OFL and ABC
recommendations.
Alternative 1 selects harvest rates that would allow fishermen to
harvest stocks at the level of ABCs, unless total harvests were
constrained by the upper bound of the GOA OY of 800,000 mt. As shown in
Table 1 of the preamble, the sum of ABCs in 2020 and 2021 would be
487,218 mt, which is below the upper bound of the OY range. The sum of
TACs is 408,534 mt, which is less than the sum of ABCs. In this
instance, Alternative 1 is consistent with the preferred alternative
(Alternative 2), meets the objectives of that action, and has small
entity impacts that may be equivalent to the preferred alternative.
However, it is not likely that Alternative 1 would result in reduced
adverse economic impacts to directly-regulated small entities relative
to Alternative 2. The selection of Alternative 1, which could increase
all TACs up to the sum of ABCs, would not take into account the fact
that that increased TACs for some species probably would not be fully
harvested. This could be due to a variety of reasons, including the
lack of commercial or market interest in some species. Additionally, an
underharvest of flatfish TACs could result due to other factors, such
as the fixed, and therefore constraining, PSC limits associated with
the harvest of the GOA groundfish species. Furthermore, TACs may be set
lower than ABC for conservation purposes, as is the case with other
rockfish in the Eastern GOA. Finally, the TACs for two species (pollock
and Pacific cod) cannot be set equal to ABC, as the TAC must be reduced
to account for the State's GHLs in these fisheries.
Alternative 3 selects harvest rates based on the most recent 5
years of harvest rates (for species in Tiers 1 through 3) or based on
the most recent 5 years of harvests (for species in Tiers 4 through 6).
This alternative is inconsistent with the objectives of this action
because it does not take account of the most recent biological
information for this fishery, as required by the Magnuson-Stevens Act.
NMFS annually conducts at-sea stock surveys for different species, as
well as statistical modeling, to estimate stock sizes and permissible
harvest levels. Actual harvest rates or harvest amounts are a component
of these estimates, but in and of themselves may not accurately portray
stock sizes and conditions. Harvest rates are listed for each species
or species group for each year in the SAFE report (see ADDRESSES).
Alternative 4 would lead to significantly lower harvests of all
groundfish species and would reduce the TACs from the upper end of the
OY range in the GOA to its lower end of 116,000 mt. Overall, this
alternative would reduce 2020 TACs by about 72 percent and would lead
to significant reductions in harvests of species harvested by small
entities. While production declines in the GOA would be associated with
offsetting price increases in the GOA, the size of these increases is
uncertain and would still be constrained by production of substitutes.
There are close substitutes for GOA groundfish species available in
significant quantities from the Bering Sea and Aleutian Islands
management area. Thus, price increases associated with reduced
production are not likely to fully offset revenue declines from reduced
production, and this alternative would have a detrimental impact on
small entities.
Alternative 5, which sets all harvests equal to zero, would have a
significant adverse economic impact on small entities and would be
contrary to obligations to achieve OY on a continuing basis, as
mandated by the Magnuson-Stevens Act. Under Alternative 5, all
individual CVs impacted by this rule would have gross revenues of $0.
Additionally, the small C/Ps impacted by this rule also would have
gross revenues of $0.
The proposed harvest specifications (Alternative 2) extend the
current 2020 OFLs, ABCs, and TACs to 2020 and 2021. As noted in the
IRFA and this preamble, the Council may modify its recommendations for
final OFLs, ABCs, and TACs in December 2019, when it reviews the
November 2019 SAFE report from its Groundfish Plan Team, and the
December 2019 Council meeting reports of its SSC and AP. Because the
2020 TACs in these proposed 2020 and 2021 harvest specifications are
unchanged from the 2020 TACs in the final 2019 and 2020 harvest
specifications (84 FR 9416; March 14, 2019), and because the sum of all
TACs remains within OY for the GOA, NMFS does not expect adverse
impacts on small entities. Also, NMFS does not expect any changes made
by the Council in December 2019 to have significant adverse impacts on
small entities.
This action does not modify recordkeeping or reporting
requirements, or duplicate, overlap, or conflict with any Federal
rules.
Adverse impacts on marine mammals or endangered or threatened
species resulting from fishing activities conducted under these harvest
specifications are discussed in the Final EIS and its accompanying
annual SIRs (see ADDRESSES).
[[Page 66129]]
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540(f); 16 U.S.C.
1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106-
31; Pub. L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 109-
241; Pub. L. 109-479.
Dated: November 26, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019-26088 Filed 12-2-19; 8:45 am]
BILLING CODE 3510-22-P