Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Final 2020 and 2021 Harvest Specifications for Groundfish, 13553-13576 [2020-04475]
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Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Rules and Regulations
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification; quota transfer.
NMFS announces that the
State of North Carolina is transferring a
portion of its 2020 commercial summer
flounder quota to the Commonwealth of
Virginia. This quota adjustment is
necessary to comply with the Summer
Flounder, Scup, and Black Sea Bass
Fishery Management Plan quota transfer
provisions. This announcement informs
the public of the revised 2020
commercial quotas for North Carolina
and Virginia.
DATES: Effective March 6, 2020, through
December 31, 2020.
FOR FURTHER INFORMATION CONTACT:
Laura Hansen, Fishery Management
Specialist, (978) 281–9225.
SUPPLEMENTARY INFORMATION:
Regulations governing the summer
flounder fishery are found in 50 CFR
648.100 through 648.110. These
regulations require annual specification
of a commercial quota that is
apportioned among the coastal states
from Maine through North Carolina. The
process to set the annual commercial
quota and the percent allocated to each
state is described in § 648.102 and final
2020 allocations were published on
October 9, 2019 (84 FR 54041).
The final rule implementing
Amendment 5 to the Summer Flounder
Fishery Management Plan (FMP), as
published in the Federal Register on
December 17, 1993 (58 FR 65936),
provided a mechanism for transferring
summer flounder commercial quota
from one state to another. Two or more
states, under mutual agreement and
with the concurrence of the NMFS
Greater Atlantic Regional Administrator,
can transfer or combine summer
flounder commercial quota under
§ 648.102(c)(2). The Regional
Administrator is required to consider
three criteria in the evaluation of
requests for quota transfers or
combinations: The transfer or
combinations would not preclude the
overall annual quota from being fully
harvested; the transfer addresses an
unforeseen variation or contingency in
the fishery; and, the transfer is
consistent with the objectives of the
FMP and the Magnuson-Stevens Act.
The Regional Administrator has
determined these three criteria have
been met for the transfer approved in
this notice.
North Carolina is transferring 10,276
(4,661 kg) of summer flounder
commercial quota to Virginia. This
transfer was requested to repay landings
made by a North Carolina-permitted
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SUMMARY:
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vessel in Virginia under a safe harbor
agreement. Based on the revised
summer flounder, scup, and black sea
bass specifications, the summer
flounder quotas for 2020 are now: North
Carolina, 3,154,229 lb (1,430,734 kg);
and, Virginia, 2,468,098 lb (1,119,510
kg).
Authority: 16 U.S.C. 1801 et seq.
Dated: March 2, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–04567 Filed 3–6–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 200227–0066]
RIN 0648–XH080
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands; Final 2020 and 2021
Harvest Specifications for Groundfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; harvest specifications
and closures.
AGENCY:
NMFS announces final 2020
and 2021 harvest specifications,
apportionments, and prohibited species
catch allowances for the groundfish
fishery of the Bering Sea and Aleutian
Islands management area (BSAI). This
action is necessary to establish harvest
limits for groundfish during the
remainder of the 2020 and the start of
the 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 (Magnuson-Stevens Act).
DATES: Harvest specifications and
closures are effective from 1200 hours,
SUMMARY:
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13553
Alaska local time (A.l.t.), March 9, 2020,
through 2400 hours, A.l.t., December 31,
2021.
ADDRESSES: Electronic copies of the
Alaska Groundfish Harvest
Specifications Final Environmental
Impact Statement (EIS), Record of
Decision (ROD), 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.fisheries.noaa.gov/region/alaska.
The 2019 Stock Assessment and Fishery
Evaluation (SAFE) report for the
groundfish resources of the BSAI, dated
November 2019, as well as the SAFE
reports for previous years, are available
from the North Pacific Fishery
Management Council (Council) at 1007
West 3rd Ave, Suite #400, Anchorage,
AK 99501, phone 907–271–2809, or
from the Council’s website at https://
www.npfmc.org/.
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 Act. General regulations
governing U.S. fisheries also appear at
50 CFR part 600.
The FMP and its implementing
regulations require NMFS, after
consultation with the Council, to
specify annually the total allowable
catch (TAC) for each target species
category. The sum of all TAC 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)). This final
rule specifies the total TAC at 2.0
million mt for both 2020 and 2021.
NMFS also must specify
apportionments of TAC, prohibited
species catch (PSC) allowances, and
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 the Amendment 80 cooperative for
flathead sole, rock sole, and yellowfin
sole. The final harvest specifications set
forth in Tables 1 through 22 of this
action satisfy these requirements.
Section 679.20(c)(3)(i) further requires
that NMFS consider public comment on
the proposed harvest specifications and,
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Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Rules and Regulations
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after consultation with the Council,
publish final harvest specifications in
the Federal Register. The proposed
2020 and 2021 harvest specifications for
the groundfish fishery of the BSAI were
published in the Federal Register on
December 3, 2019 (84 FR 66129).
Comments were invited and accepted
through January 2, 2020. As discussed
in the Response to Comments section
below, NMFS received one comment
letter during the public comment period
for the proposed BSAI groundfish
harvest specifications. No changes were
made to the final rule in response to the
comment letter received.
NMFS consulted with the Council on
the final 2020 and 2021 harvest
specifications during the December
2019 Council meeting in Anchorage,
AK. After considering public comments,
as well as biological and socioeconomic
data that were available at the Council’s
December meeting, NMFS implements
in this final rule the final 2020 and 2021
harvest specifications as recommended
by the Council.
ABC and TAC Harvest Specifications
The final ABC amounts for Alaska
groundfish 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. In general, the
development of ABCs and overfishing
levels (OFLs) involves sophisticated
statistical analyses of fish populations.
The FMP specifies a series of six tiers
to define OFL and ABC amounts based
on the level of reliable information
available to fishery scientists. Tier 1
represents the highest level of
information quality available, while Tier
6 represents the lowest.
In December 2019, the Council, its
Scientific and Statistical Committee
(SSC), and its Advisory Panel (AP)
reviewed current biological and harvest
information about the condition of the
BSAI groundfish stocks. The Council’s
BSAI Groundfish Plan Team (Plan
Team) compiled and presented this
information in the 2019 SAFE report for
the BSAI groundfish fisheries, dated
November 2019 (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 BSAI ecosystem and the
economic condition of groundfish
fisheries off Alaska. NMFS notified the
public of the comment period for these
harvest specifications—and of the
publication of the 2019 SAFE report—
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in the notice of proposed harvest
specifications. From the data and
analyses in the SAFE report, the Plan
Team recommended an OFL and ABC
for each species or species group at the
November 2019 Plan Team meeting.
In December 2019, the SSC, AP, and
Council reviewed the Plan Team’s
recommendations. The final TAC
recommendations were based on the
ABCs as adjusted for other biological
and socioeconomic considerations,
including maintaining the sum of all the
TACs within the required OY range of
1.4 million to 2.0 million mt. As
required by annual catch limit rules for
all fisheries (74 FR 3178, January 16,
2009), none of the Council’s
recommended 2020 or 2021 TACs
exceed the final 2020 or 2021 ABCs for
any species or species group. NMFS
finds that the Council’s recommended
OFLs, ABCs, and TACs are consistent
with the preferred harvest strategy and
the biological condition of groundfish
stocks as described in the 2019 SAFE
report that was approved by the
Council. Therefore, this final rule
provides notice that the Secretary of
Commerce approves the final 2020 and
2021 harvest specifications as
recommended by the Council.
The 2020 harvest specifications set in
this final action will supersede the 2020
harvest specifications previously set in
the final 2019 and 2020 harvest
specifications (84 FR 9000, March 13,
2019). The 2021 harvest specifications
herein will be superseded in early 2021
when the final 2021 and 2022 harvest
specifications are published. Pursuant
to this final action, the 2020 harvest
specifications therefore will apply for
the remainder of the current year (2020),
while the 2021 harvest specifications
are projected only for the following year
(2021) and will be superseded in early
2021 by the final 2021 and 2022 harvest
specifications. Because this final action
(published in early 2020) will be
superseded in early 2021 by the
publication of the final 2021 and 2022
harvest specifications, it is projected
that this final action will implement the
harvest specifications for the BSAI for
approximately one year.
Other Actions 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
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sets an 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 rulemaking would prohibit
directed fishing for sculpins, maintain
recordkeeping and reporting
requirements, and establish a sculpin
maximum retainable amount at 20
percent when directed fishing for
groundfish species to discourage
sculpin 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
rule to reclassify sculpins as an
ecosystem component species in 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 BSAI
groundfish harvest specifications.
Final Rulemaking To Prohibit Directed
Fishing for American Fisheries Act
(AFA) Program Sideboard Limits
On February 8, 2019, NMFS
published a final rule (84 FR 2723) that
modified regulations for the AFA
Program participants subject to limits on
the catch of specific species (sideboard
limits) in the BSAI. Sideboard limits are
intended to prevent AFA Program
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, rather than prohibiting
directed fishing through the annual
BSAI harvest specifications. Since the
final rule is now effective, NMFS is no
longer publishing in the annual BSAI
harvest specifications the AFA 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
from directed fishing in regulation
(§ 679.20(d)(1)(iv)(D) and Tables 54, 55,
and 56 to 50 CFR part 679). NMFS will
continue to publish in the annual BSAI
harvest specifications the AFA Program
sideboard limit amounts for groundfish
species or species groups that were not
subject to the final rule (see Tables 20–
22 of this action).
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State of Alaska Guideline Harvest Levels
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For 2020 and 2021, the Board of
Fisheries (BOF) for the State of Alaska
(State) established the guideline harvest
level (GHL) for vessels using pot gear in
State waters in the Bering Sea subarea
(BS) equal to 9 percent of the Pacific cod
ABC in the BS. The State’s pot gear BS
GHL will increase one percent annually
up to 15 percent of the BS ABC, if 90
percent of the GHL is harvested by
November 15 of the preceding year. If 90
percent of the 2020 BS GHL is not
harvested by November 15, 2020, then
the 2021 BS GHL will remain at the
same percent as the 2020 BS GHL. If 90
percent of the 2020 BS GHL is harvested
by November 15, 2020, then the 2021 BS
GHL will increase by one percent and
the 2021 BS TAC will be set to account
for the increased BS GHL. Also, for 2020
and 2021, the BOF established an
additional GHL for vessels using jig gear
in State waters in the BS equal to 45 mt
of Pacific cod in the BS. The Council
and its Plan Team, SSC, and AP
recommended that the sum of all State
and Federal water Pacific cod removals
from the BS not exceed the ABC
recommendations for Pacific cod in the
BS. Accordingly, the Council
recommended, and NMFS approves,
that the 2020 and 2021 Pacific cod TACs
in the BS account for the State’s GHLs
for Pacific cod caught in State waters in
the BS.
For 2020 and 2021, the BOF for the
State established the GHL in State
waters in the Aleutian Islands subarea
(AI) equal to 35 percent of the 2020 AI
ABC or 7,210 mt. The AI GHL will
increase annually by 4 percent of the AI
ABC, if 90 percent of the GHL is
harvested by November 15 of the
preceding year, but may not exceed 39
percent of the AI ABC or 15 million
pounds (6,804 mt). For 2020, 35 percent
of the AI ABC is 7,210 mt, which
exceeds the AI GHL limit of 6,804 mt.
The Council and its Plan Team, SSC,
and AP recommended that the sum of
all State and Federal water Pacific cod
removals from the AI not exceed the
ABC recommendations for Pacific cod
in the AI. Accordingly, the Council
recommended, and NMFS approves,
that the 2020 and 2021 Pacific cod TACs
in the AI account for the State’s GHL of
6,804 mt for Pacific cod caught in State
waters in the AI.
Changes From the Proposed 2020 and
2021 Harvest Specifications for the
BSAI
The Council’s recommendations for
the proposed 2020 and 2021 harvest
specifications (84 FR 66129, December
3, 2019) were based largely on
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information contained in the 2018 SAFE
report for the BSAI groundfish fisheries.
Through the proposed harvest
specifications, NMFS notified the public
that these harvest specifications could
change, as the Council would consider
information contained in the 2019 SAFE
report; recommendations from the Plan
Team, SSC, and AP committees; and
public comments when making its
recommendations for final harvest
specifications at the December 2019
Council meeting. NMFS further notified
the public that, as required by the FMP
and its implementing regulations, the
sum of the TACs must be within the OY
range of 1.4 million and 2.0 million mt.
Information contained in the 2019
SAFE report indicates biomass changes
from the 2018 SAFE report for several
groundfish species. The 2019 report was
made available for public review during
the public comment period for the
proposed harvest specifications. At the
December 2019 Council meeting, the
SSC recommended the 2020 and 2021
ABCs based on the best and most recent
information contained in the 2019 SAFE
report. The SSC recommended slight
model adjustments for Eastern Bering
Sea pollock and BS Pacific cod, but
accepted Plan Team recommendations
for all other species, except for
sablefish. The SSC’s recommendation
resulted in an ABC sum total for all
BSAI groundfish species in excess of 2.0
million mt for both 2020 and 2021.
For sablefish, as discussed in the
proposed 2020 and 2021 harvest
specifications (84 FR 66129, December
3, 2019) the SSC considered the
appropriateness of continuing to specify
sablefish OFLs at the separate Bering
Sea, Aleutian Islands, and Gulf of
Alaska (GOA) management area levels.
The SSC reviewed the information
available regarding area apportionment
of the OFL, and decided that the best
scientific information available
regarding stock structure for sablefish
supports an Alaska-wide OFL
specification. Therefore, based on
biological considerations, the SSC
recommended specification of a single
Alaska-wide sablefish OFL, which
includes the Bering Sea, Aleutian
Islands, and the GOA. Also, the SSC
agreed with the Plan Team that a
substantial reduction in the 2020 and
2021 ABCs from the maximum
permissible ABCs were warranted.
However, the SSC revised the Plan
Team’s recommendation for the
sablefish ABCs by revising the method
and amount of the reduction of the
sablefish ABCs from the maximum
permissible ABCs.
Based on increased fishing effort in
2019, the Council recommends final BS
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pollock TACs increase by 4,176 mt in
2020 and 29,176 mt in 2021 compared
to the proposed 2020 and 2021 BS
pollock TACs. In terms of percentage,
the largest increases in final 2020 TACs
relative to the proposed 2020 TACs
include BS ‘‘other rockfish’’ and BSAI
northern rockfish. The increases
account for anticipated higher
incidental catches of these species,
based on increased incidental catches in
2019. Other increases in the final 2020
TACs relative to the proposed 2020
TACs include BS Pacific cod, Aleutian
Islands (AI) Pacific cod, AI Greenland
turbot, BSAI arrowtooth flounder, BSAI
Kamchatka flounder, BSAI flathead sole,
Bering Sea and Eastern Aleutian Islands
(BS/EAI) blackspotted/rougheye
rockfish, Central Aleutian and Western
Aleutian (CAI/WAI) blackspotted/
rougheye rockfish, BSAI shortraker
rockfish, Eastern Aleutian Islands and
Bering Sea (EAI/BS) Atka mackerel,
Western Aleutian Islands (WAI) Atka
mackerel, Central Aleutian Islands (CAI)
Atka mackerel, BSAI sculpins, and BSAI
sharks. The 2020 increases account for
higher interest in directed fishing or
higher anticipated incidental catch
needs.
Decreases in final 2020 TACs
compared to the proposed 2020 TACs
include AI sablefish, BS sablefish, BS
Pacific ocean perch, CAI Pacific ocean
perch, Eastern Aleutian Islands (EAI)
Pacific ocean perch, BSAI yellowfin
sole, BSAI rock sole, BSAI Alaska
plaice, BSAI ‘‘other flatfish,’’ BSAI
octopuses, and BSAI skates. The
decreases are for anticipated lower
incidental catch needs of these species
relative to 2019. The changes to TACs
between the proposed and final harvest
specifications are based on the most
recent scientific and economic
information and are consistent with the
FMP, regulatory obligations, and harvest
strategy as described in the proposed
harvest specifications, including the
upper limit for OY of 2.0 million mt.
These changes are compared in Table
1A.
Table 1 lists the Council’s
recommended final 2020 OFL, ABC,
TAC, initial TAC (ITAC), and CDQ
reserve allocations of the BSAI
groundfish species or species groups;
and Table 2 lists the Council’s
recommended final 2021 OFL, ABC,
TAC, ITAC, and CDQ reserve allocations
of the BSAI groundfish species or
species groups. NMFS concurs in these
recommendations. These final 2020 and
2021 TAC amounts for the BSAI are
within the OY range established for the
BSAI and do not exceed the ABC for any
species or species group. The
apportionment of TAC amounts among
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Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Rules and Regulations
fisheries and seasons is discussed
below.
TABLE 1—FINAL 2020 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH
(TAC), INITIAL TAC (ITAC), AND CDQ RESERVE ALLOCATION OF GROUNDFISH IN THE BSAI 1
[Amounts are in metric tons]
2020
Species
Area
ITAC 2
ABC
TAC
Skates ......................................................
Sculpins ...................................................
Sharks ......................................................
Octopuses ................................................
BS ..................
AI ...................
Bogoslof .........
BS ..................
AI ...................
Alaska ............
BS ..................
AI ...................
BSAI ...............
BSAI ...............
BS ..................
AI ...................
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BS ..................
EAI .................
CAI .................
WAI ................
BSAI ...............
BSAI ...............
BS/EAI ...........
CAI/WAI .........
BSAI ...............
BSAI ...............
BS ..................
AI ...................
BSAI ...............
BS/EAI ...........
CAI .................
WAI ................
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
4,085,000
66,973
183,080
191,386
27,400
50,481
n/a
n/a
287,307
11,319
n/a
n/a
84,057
11,495
157,300
82,810
37,600
21,824
58,956
n/a
n/a
n/a
n/a
19,751
861
n/a
n/a
722
1,793
n/a
n/a
81,200
n/a
n/a
n/a
49,792
67,817
689
4,769
2,043,000
55,120
137,310
155,873
20,600
n/a
2,174
2,952
260,918
9,625
8,403
1,222
71,618
9,708
153,300
68,134
31,600
16,368
48,846
14,168
11,063
8,144
15,471
16,243
708
444
264
541
1,344
956
388
70,100
24,535
14,721
30,844
41,543
50,863
517
3,576
1,425,000
19,000
75
141,799
13,796
n/a
1,861
2,039
150,700
5,300
5,125
175
10,000
6,800
47,100
19,500
17,000
4,000
42,875
14,168
10,613
8,094
10,000
10,000
349
85
264
375
1,088
700
388
59,305
24,535
14,721
20,049
16,313
5,300
150
275
1,282,500
17,100
75
126,627
12,320
n/a
1,535
1,657
134,575
4,505
4,356
149
8,500
5,780
42,060
17,414
14,450
3,400
37,678
12,043
9,477
7,228
8,930
8,500
297
72
224
319
925
595
330
52,959
21,910
13,146
17,904
13,866
4,505
128
234
142,500
1,900
15,172
1,476
n/a
256
344
16,125
n/a
548
1,070
5,040
2,087
n/a
1,136
866
1,070
6,346
2,625
1,575
2,145
........................
........................
........................
........................
Total ..................................................
........................
5,584,382
3,272,581
2,000,000
1,791,907
195,935
Pollock 4 ...................................................
Pacific cod 5 .............................................
Sablefish 6 ................................................
Yellowfin sole ...........................................
Greenland turbot ......................................
Arrowtooth flounder .................................
Kamchatka flounder .................................
Rock sole 7 ...............................................
Flathead sole 8 .........................................
Alaska plaice ...........................................
Other flatfish 9 ..........................................
Pacific ocean perch .................................
Northern rockfish .....................................
Blackspotted/Rougheye rockfish 10 ..........
Shortraker rockfish ...................................
Other rockfish 11 .......................................
Atka mackerel ..........................................
1 These
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CDQ 3
OFL
amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of
these harvest specifications, the Bering Sea subarea (BS) includes the Bogoslof District.
2 Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species (Atka mackerel, yellowfin sole, rock sole, flathead sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of each TAC is put into a non-specified
reserve. The ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species,
ITAC is the non-CDQ allocation of TAC (see footnotes 3 and 4).
3 For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean
perch), 10.7 percent of the TAC is reserved for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish
TAC allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see § 679.20(b)(1)(ii)(B) and (D)). Aleutian Islands
Greenland turbot, ‘‘other flatfish,’’ Alaska plaice, Bering Sea Pacific ocean perch, northern rockfish, shortraker rockfish, blackspotted/rougheye
rockfish, ‘‘other rockfish,’’ skates, sculpins, sharks, and octopuses are not allocated to the CDQ program.
4 Under § 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
for the incidental catch allowance (3.7 percent), is further allocated by sector for a pollock directed fishery as follows: inshore—50 percent; catcher/processor—40 percent; and motherships—10 percent. Under § 679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first for the
CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,400 mt), is allocated to the Aleut Corporation for a
pollock directed fishery.
5 The BS Pacific cod TAC is set to account for the 9 percent, plus 45 mt, of the BS ABC for the State of Alaska’s (State) guideline harvest
level in State waters of the BS. The AI Pacific cod TAC is set to account for 35 percent of the AI ABC for the State guideline harvest level in
State waters of the AI, except 35 percent of the AI ABC exceeds the State guideline harvest level of 15 million pounds (6,804 mt), in which case
the TAC is set to account for the State guideline harvest level of 6,804 mt.
6 The sablefish OFL is Alaska-wide and includes the Gulf of Alaska.
7 ‘‘Rock sole’’ includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
8 ‘‘Flathead sole’’ includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
9 ‘‘Other flatfish’’ includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
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10 ‘‘Blackspotted/Rougheye
rockfish’’ includes Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
rockfish’’ includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish,
blackspotted/rougheye rockfish, and shortraker rockfish.
Note: Regulatory areas and districts are defined at § 679.2 (BSAI=Bering Sea and Aleutian Islands management area, BS=Bering Sea subarea, AI=Aleutian Islands subarea, EAI=Eastern Aleutian district, CAI=Central Aleutian district, WAI=Western Aleutian district).
11 ‘‘Other
TABLE 1A—COMPARISON OF FINAL 2020 AND 2021 WITH PROPOSED 2020 AND 2021 TOTAL ALLOWABLE CATCH IN THE
BSAI
[Amounts are in metric tons]
2020
final
TAC
2020
proposed
TAC
2020
difference
from
proposed
2020
percentage
difference
from
proposed
2021
final
TAC
2021
difference
from
proposed
2021
proposed
TAC
Species
Area 1
Pollock ......................................
BS ..............
AI ................
Bogoslof .....
BS ..............
AI ................
BS ..............
AI ................
BSAI ...........
BS ..............
AI ................
BSAI ...........
BSAI ...........
BSAI ...........
BSAI ...........
BSAI ...........
BSAI ...........
BS ..............
EAI .............
CAI .............
WAI ............
BSAI ...........
BS/EAI ........
1,425,000
19,000
75
141,799
13,796
1,861
2,039
150,700
5,125
175
10,000
6,800
47,100
19,500
17,000
4,000
14,168
10,613
8,094
10,000
10,000
85
1,420,824
19,000
75
124,625
13,390
1,994
2,688
166,425
5,125
169
8,000
5,000
57,100
14,500
18,000
6,500
14,274
11,146
8,205
10,000
6,500
75
4,176
....................
....................
17,174
406
(133)
(649)
(15,725)
....................
6
2,000
1,800
(10,000)
5,000
(1,000)
(2,500)
(106)
(533)
(111)
....................
3,500
10
0.3
....................
....................
13.8
3.0
(6.7)
(24.1)
(9.4)
....................
3.6
25.0
36.0
(17.5)
34.5
(5.6)
(38.5)
(0.7)
(4.8)
(1.4)
....................
53.8
13.3
1,450,000
19,000
75
92,633
13,796
2,865
2,500
168,900
5,125
251
10,000
7,000
49,000
24,000
20,000
5,000
13,600
10,619
7,817
10,000
10,000
85
1,420,824
19,000
75
124,625
13,390
1,994
2,688
166,425
5,125
169
8,000
5,000
57,100
14,500
18,000
6,500
14,274
11,146
8,205
10,000
6,500
75
Skates .......................................
Sculpins ....................................
Sharks .......................................
Octopuses .................................
CAI/WAI .....
BSAI ...........
BS ..............
AI ................
EAI/BS ........
CAI .............
WAI ............
BSAI ...........
BSAI ...........
BSAI ...........
BSAI ...........
264
375
700
388
24,535
14,721
20,049
16,313
5,300
150
275
204
358
275
388
22,190
13,310
18,135
26,000
5,000
125
400
60
17
425
....................
2,345
1,411
1,914
(9,687)
300
25
(125)
29.4
4.7
154.5
....................
10.6
10.6
10.6
(37.3)
6.0
20.0
(31.3)
339
375
700
388
22,540
13,524
18,418
16,000
5,000
150
300
Total ...................................
BSAI ...........
2,000,000
2,000,000
....................
....................
2,000,000
Pacific cod ................................
Sablefish ...................................
Yellowfin sole ............................
Greenland turbot .......................
Arrowtooth flounder ..................
Kamchatka flounder ..................
Rock sole ..................................
Flathead sole ............................
Alaska plaice ............................
Other flatfish .............................
Pacific ocean perch ..................
Northern rockfish ......................
Blackspotted and Rougheye
rockfish.
Shortraker rockfish ...................
Other rockfish ...........................
Atka mackerel ...........................
2021
percentage
difference
from
proposed
29,176
2.1
(31,992)
406
871
(188)
2,475
(25.7)
3.0
43.7
(7.0)
1.5
82
2,000
2,000
(8,100)
9,500
2,000
(1,500)
(674)
(527)
(388)
....................
3,500
10
48.5
25.0
40.0
(14.2)
65.5
11.1
(23.1)
(4.7)
(4.7)
(4.7)
....................
53.8
13.3
204
358
275
388
22,190
13,310
18,135
26,000
5,000
125
400
135
17
425
....................
350
214
283
(10,000)
....................
25
(100)
66.2
4.7
154.5
....................
1.6
1.6
1.6
(38.5)
....................
20.0
(25.0)
2,000,000
....................
....................
1 Bering
Sea subarea (BS), Aleutian Islands subarea (AI), Bering Sea and Aleutian Islands management area (BSAI), Eastern Aleutian District (EAI), Central Aleutian District (CAI), and Western Aleutian District (WAI).
TABLE 2—FINAL 2021 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH
(TAC), INITIAL TAC (ITAC), AND CDQ RESERVE ALLOCATION OF GROUNDFISH IN THE BSAI 1
[Amounts are in metric tons]
2021
Species
Area
Pollock 4 ...................................................
Pacific cod 5 .............................................
Sablefish 6 ................................................
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Yellowfin sole ...........................................
Greenland turbot ......................................
Arrowtooth flounder .................................
Kamchatka flounder .................................
Rock sole 7 ...............................................
Flathead sole 8 .........................................
Alaska plaice ...........................................
Other flatfish 9 ..........................................
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BS ..................
AI ...................
Bogoslof .........
BS ..................
AI ...................
Alaska wide ...
BS ..................
AI ...................
BSAI ...............
BSAI ...............
BS ..................
AI ...................
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
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ITAC 2
OFL
ABC
TAC
3,385,000
70,970
183,080
125,734
27,400
64,765
n/a
n/a
287,943
10,006
n/a
n/a
86,647
11,472
236,800
86,432
36,500
21,824
1,767,000
58,384
137,310
102,975
20,600
n/a
2,865
3,891
261,497
8,510
7,429
1,081
73,804
9,688
230,700
71,079
30,700
16,368
1,450,000
19,000
75
92,633
13,796
n/a
2,865
2,500
168,900
5,376
5,125
251
10,000
7,000
49,000
24,000
20,000
5,000
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1,305,000
17,100
75
82,721
12,320
n/a
1,218
531
150,828
4,570
4,356
213
8,500
5,950
43,757
21,432
17,000
4,250
CDQ 3
145,000
1,900
........................
9,912
1,476
n/a
107
47
18,072
n/a
548
........................
1,070
........................
5,243
2,568
........................
........................
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TABLE 2—FINAL 2021 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH
(TAC), INITIAL TAC (ITAC), AND CDQ RESERVE ALLOCATION OF GROUNDFISH IN THE BSAI 1—Continued
[Amounts are in metric tons]
2021
Species
Area
OFL
Pacific ocean perch .................................
ABC
ITAC 2
TAC
CDQ 3
Skates ......................................................
Sculpins ...................................................
Sharks ......................................................
Octopuses ................................................
BSAI ...............
BS ..................
EAI .................
CAI .................
WAI ................
BSAI ...............
BSAI ...............
BS/EAI ...........
CAI/WAI .........
BSAI ...............
BSAI ...............
BS ..................
AI ...................
BSAI ...............
EAI/BS ...........
CAI .................
WAI ................
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
56,589
n/a
n/a
n/a
n/a
19,070
1,090
n/a
n/a
722
1,793
n/a
n/a
74,800
n/a
n/a
n/a
48,289
67,817
689
4,769
46,885
13,600
10,619
7,817
14,849
15,683
899
560
339
541
1,344
956
339
64,400
22,540
13,524
28,336
40,248
50,863
517
3,576
42,036
13,600
10,619
7,817
10,000
10,000
424
85
339
375
1,088
700
388
54,482
22,540
13,524
18,418
16,000
5,000
150
300
36,953
11,560
9,483
6,981
8,930
8,500
360
72
288
319
925
595
330
48,652
20,128
12,077
16,447
13,600
4,250
128
255
n/a
........................
1,136
836
1,070
........................
........................
........................
........................
........................
........................
........................
........................
5,830
2,412
1,447
1,971
........................
........................
........................
........................
Total ..................................................
........................
4,910,201
3,020,278
2,000,000
1,789,193
194,816
Northern rockfish .....................................
Blackspotted/Rougheye rockfish 10 ..........
Shortraker rockfish ...................................
Other rockfish 11 .......................................
Atka mackerel ..........................................
1 These
jbell on DSKJLSW7X2PROD with RULES
amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of
these harvest specifications, the Bering Sea subarea (BS) includes the Bogoslof District.
2 Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of each TAC is put into a non-specified reserve. The ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species,
ITAC is the non-CDQ allocation of TAC (see footnotes 3 and 4).
3 For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean
perch), 10.7 percent of the TAC is reserved for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish
TAC allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see § 679.20(b)(1)(ii)(B) and (D)). The 2021 hookand-line or pot gear portion of the sablefish ITAC and CDQ reserve will not be specified until the final 2021 and 2022 harvest specifications.
Aleutian Islands Greenland turbot, ‘‘other flatfish,’’ Alaska plaice, Bering Sea Pacific ocean perch, northern rockfish, shortraker rockfish,
blackspotted/rougheye rockfish, ‘‘other rockfish,’’ skates, sculpins, sharks, and octopuses are not allocated to the CDQ program.
4 Under § 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
for the incidental catch allowance (3.7 percent), is further allocated by sector for a pollock directed fishery as follows: inshore—50 percent; catcher/processor—40 percent; and motherships—10 percent. Under § 679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first for the
CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,400 mt), is allocated to the Aleut Corporation for a
pollock directed fishery.
5 Assuming an increase in the 2021 guideline harvest level based on the actual 2020 harvest, the 2021 BS Pacific cod TAC is set to account
for the 10 percent, plus 45 mt, of the BS ABC for the State of Alaska’s (State) guideline harvest level in State waters of the BS. The 2021 AI Pacific cod TAC is set to account for 35 percent of the AI ABC for the State guideline harvest level in State waters of the AI, except 35 percent of
the AI ABC exceeds the State guideline harvest level of 15 million pounds (6,804 mt), in which case the TAC is set to account for the State
guideline harvest level of 6,804 mt.
6 The sablefish OFL is Alaska-wide and includes the Gulf of Alaska.
7 ‘‘Rock sole’’ includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
8 ‘‘Flathead sole’’ includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
9 ‘‘Other flatfish’’ includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
10 ‘‘Blackspotted/Rougheye rockfish’’ includes Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
11 ‘‘Other rockfish’’ includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish,
blackspotted/rougheye rockfish, and shortraker rockfish.
Note: Regulatory areas and districts are defined at § 679.2 (BSAI=Bering Sea and Aleutian Islands management area, BS=Bering Sea subarea, AI=Aleutian Islands subarea, EAI=Eastern Aleutian district, CAI=Central Aleutian district, WAI=Western Aleutian district).
Groundfish Reserves and the Incidental
Catch Allowance (ICA) for Pollock, Atka
Mackerel, Flathead Sole, Rock Sole,
Yellowfin Sole, and Aleutian Islands
Pacific Ocean Perch
Section 679.20(b)(1)(i) requires that
NMFS reserves 15 percent of the TAC
for each target species (except for
pollock, hook-and-line and pot gear
allocation of sablefish, and Amendment
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80 species) in a non-specified reserve.
Section 679.20(b)(1)(ii)(B) requires that
NMFS allocate 20 percent of the hookand-line or pot gear allocation of
sablefish for the fixed-gear sablefish
CDQ reserve for each subarea. Section
679.20(b)(1)(ii)(D) requires that NMFS
allocate 7.5 percent of the trawl gear
allocations of sablefish in the BS and AI
and 10.7 percent of the Bering Sea
Greenland turbot and arrowtooth
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flounder TACs to the respective CDQ
reserves. Section 679.20(b)(1)(ii)(C)
requires that NMFS allocate 10.7
percent of the TACs for Atka mackerel,
Aleutian Islands Pacific ocean perch,
yellowfin sole, rock sole, flathead sole,
and Pacific cod to the respective CDQ
reserves. Sections 679.20(a)(5)(i)(A) and
679.31(a) also require that 10 percent of
the Bering Sea pollock TAC be allocated
to the pollock CDQ directed fishing
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allowance (DFA). Sections
679.20(a)(5)(iii)(B)(2)(i) and 679.31(a)
require that 10 percent of the Aleutian
Islands pollock TAC be allocated to the
pollock CDQ DFA. The entire Bogoslof
District pollock TAC is allocated as an
ICA pursuant to § 679.20(a)(5)(ii)
because the Bogoslof District is closed to
directed fishing for pollock by
regulation (§ 679.22(a)(7)(B)). With the
exception of the hook-and-line or pot
gear sablefish CDQ reserve, the
regulations do not further apportion the
CDQ allocations by gear.
Pursuant to § 679.20(a)(5)(i)(A)(1),
NMFS allocates a pollock ICA of 3.7
percent of the BS pollock TAC after
subtracting the 10 percent CDQ DFA.
This allowance is based on NMFS’s
examination of the pollock incidental
catch, including the incidental catch by
CDQ vessels, in target fisheries other
than pollock from 2000 through 2019.
During this 20-year period, the pollock
incidental catch ranged from a low of
2.2 percent in 2006 to a high of 4.6
percent in 2014, with a 20-year average
of 3 percent. Pursuant to
§ 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS
establishes a pollock ICA of 2,400 mt of
the AI pollock TAC after subtracting the
10 percent CDQ DFA. This allowance is
based on NMFS’s examination of the
pollock incidental catch, including the
incidental catch by CDQ vessels, in
target fisheries other than pollock from
2003 through 2019. During this 17-year
period, the incidental catch of pollock
ranged from a low of 5 percent in 2006
to a high of 17 percent in 2014, with a
17-year average of 9 percent.
Pursuant to § 679.20(a)(8) and (10),
NMFS allocates ICAs of 3,000 mt of
flathead sole, 6,000 mt of rock sole,
4,000 mt of yellowfin sole, 10 mt of WAI
Pacific ocean perch, 60 mt of CAI
Pacific ocean perch, 100 mt of EAI
Pacific ocean perch, 20 mt of WAI Atka
mackerel, 75 mt of CAI Atka mackerel,
and 800 mt of EAI and BS Atka
mackerel TAC after subtracting the 10.7
percent CDQ reserve. These ICA
allowances are based on NMFS’s
examination of the incidental catch in
other target fisheries from 2003 through
2019.
The regulations do not designate the
remainder of the non-specified reserve
by species or species group. Any
amount of the reserve may be
apportioned to a target species that
contributed to the non-specified
reserves during the year, provided that
such apportionments are consistent
with § 679.20(a)(3) and do not result in
overfishing (see § 679.20(b)(1)(i)). The
Regional Administrator has determined
that the ITACs specified for the species
listed in Table 1 need to be
supplemented from the non-specified
reserve because U.S. fishing vessels
have demonstrated the capacity to catch
the full TAC allocations. Therefore, in
accordance with § 679.20(b)(3), NMFS is
apportioning the amounts shown in
Table 3 from the non-specified reserve
to increase the ITAC for AI ‘‘other
rockfish’’ by 15 percent of the ‘‘other
rockfish’’ TAC in 2020 and 2021.
TABLE 3—FINAL 2020 AND 2021 APPORTIONMENT OF NON-SPECIFIED RESERVES TO ITAC CATEGORIES
[Amounts are in metric tons]
Species-area or subarea
2020 ITAC
2020 Final
TAC
2021 ITAC
2021 Reserve
amount
2021 Final
TAC
Other rockfish-Aleutian Islands subarea ..
330
58
388
330
58
388
Total ..................................................
330
58
388
330
58
388
Allocation of Pollock TAC under the
American Fisheries Act (AFA)
jbell on DSKJLSW7X2PROD with RULES
2020 Reserve
amount
Section 679.20(a)(5)(i)(A) requires that
the BS pollock TAC be apportioned as
a DFA, after subtracting 10 percent for
the CDQ program and 3.7 percent for the
ICA, as follows: 50 percent to the
inshore sector, 40 percent to the
catcher/processor (C/P) sector, and 10
percent to the mothership sector. In the
BS, 45 percent of the DFA is allocated
to the A season (January 20–June 10),
and 55 percent of the DFA is allocated
to the B season (June 10–November 1)
(§§ 679.20(a)(5)(i)(B)(1) and
679.23(e)(2)). The Aleutian Islands
directed pollock fishery allocation to the
Aleut Corporation is the amount of
pollock TAC remaining in the AI after
subtracting 1,900 mt for the CDQ DFA
(10 percent) and 2,400 mt for the ICA
(§ 679.20(a)(5)(iii)(B)(2)). In the AI, the
total A season apportionment of the
TAC (including the AI directed fishery
allocation, the CDQ DFA, and the ICA)
may equal up to 40 percent of the ABC
for AI pollock, and the remainder of the
TAC is allocated to the B season
VerDate Sep<11>2014
16:34 Mar 06, 2020
Jkt 250001
(§ 679.20(a)(5)(iii)(B)(3)). Tables 4 and 5
list these 2020 and 2021 amounts.
Section 679.20(a)(5)(iii)(B)(6) sets
harvest limits for pollock in the A
season (January 20 to June 10) in Areas
543, 542, and 541. In Area 543, the A
season pollock harvest limit is no more
than 5 percent of the Aleutian Islands
pollock ABC. In Area 542, the A season
pollock harvest limit is no more than 15
percent of the Aleutian Islands pollock
ABC. In Area 541, the A season pollock
harvest limit is no more than 30 percent
of the Aleutian Islands pollock ABC.
Section 679.20(a)(5)(i)(A)(4) also
includes several specific requirements
regarding BS pollock allocations. First,
it requires that 8.5 percent of the
pollock allocated to the C/P sector be
available for harvest by AFA catcher
vessels (CVs) with C/P sector
endorsements, unless the Regional
Administrator receives a cooperative
contract that allows the distribution of
harvest among AFA C/Ps and AFA CVs
in a manner agreed to by all members.
Second, AFA C/Ps not listed in the AFA
are limited to harvesting not more than
0.5 percent of the pollock allocated to
PO 00000
Frm 00085
Fmt 4700
Sfmt 4700
the C/P sector. Tables 4 and 5 list the
2020 and 2021 allocations of pollock
TAC. Table 20 lists the AFA C/P
prohibited species sideboard limits, and
Tables 21 and 22 list the AFA CV
prohibited species and groundfish
sideboard limits. The tables for the
pollock allocations to the BS inshore
pollock cooperatives and open access
sector will be posted on the Alaska
Region website at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/alaska-groundfishfisheries-management.
Tables 4 and 5 also list seasonal
apportionments of pollock and harvest
limits within the Steller Sea Lion
Conservation Area (SCA). The harvest of
pollock within the SCA, as defined at
§ 679.22(a)(7)(vii), is limited to no more
than 28 percent of the annual pollock
DFA before 12:00 noon, April 1, as
provided in § 679.20(a)(5)(i)(C). The A
season pollock SCA harvest limit will be
apportioned to each sector in proportion
to each sector’s allocated percentage of
the DFA. Tables 4 and 5 list these final
2020 and 2021 amounts by sector.
E:\FR\FM\09MRR1.SGM
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Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Rules and Regulations
TABLE 4—FINAL 2020 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
2020 A season 1
2020
Allocations
Area and sector
Bering Sea subarea TAC 1 ..............................................................................
CDQ DFA .........................................................................................................
ICA 1 .................................................................................................................
Total Bering Sea non-CDQ DFA .....................................................................
AFA Inshore .....................................................................................................
AFA Catcher/Processors 3 ...............................................................................
Catch by C/Ps ..........................................................................................
Catch by CVs 3 .........................................................................................
Unlisted C/P Limit 4 ...................................................................................
AFA Motherships .............................................................................................
Excessive Harvesting Limit 5 ............................................................................
Excessive Processing Limit 6 ...........................................................................
Aleutian Islands subarea ABC .........................................................................
Aleutian Islands subarea TAC 1 .......................................................................
CDQ DFA .........................................................................................................
ICA ...................................................................................................................
Aleut Corporation .............................................................................................
Area harvest limit 7 ...........................................................................................
541 ............................................................................................................
542 ............................................................................................................
543 ............................................................................................................
Bogoslof District ICA 8 ......................................................................................
1,425,000
142,500
47,453
1,235,048
617,524
494,019
452,027
41,992
2,470
123,505
216,133
370,514
55,120
19,000
1,900
2,400
14,700
n/a
16,536
8,268
2,756
75
A season DFA
n/a
64,125
n/a
555,771
277,886
222,309
203,412
18,896
1,112
55,577
n/a
n/a
n/a
n/a
1,900
1,200
14,700
n/a
n/a
n/a
n/a
n/a
SCA harvest
limit 2
n/a
39,900
n/a
345,813
172,907
138,325
n/a
n/a
n/a
34,581
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
2020
B season 1
B season DFA
n/a
78,375
n/a
679,276
339,638
271,710
248,615
23,095
1,359
67,928
n/a
n/a
n/a
n/a
1,200
n/a
n/a
n/a
n/a
n/a
1 Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10 percent) and the ICA (3.7 percent),
is allocated as a DFA as follows: inshore sector—50 percent, catcher/processor sector (C/P)—40 percent, and mothership sector—10 percent. In
the Bering Sea subarea, 45 percent of the DFA is allocated to the A season (January 20–June 10) and 55 percent of the DFA is allocated to the
B season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) through (iii), the annual Aleutian Islands pollock TAC, after subtracting
first for the CDQ DFA (10 percent) and second for the ICA (2,400 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the
Aleutian Islands subarea, the A season is allocated up to 40 percent of the AI pollock ABC.
2 In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector’s annual DFA may be taken from the
SCA before noon, April 1.
3 Pursuant to § 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed C/Ps shall be available for harvest only by eligible catcher vessels with a C/P endorsement delivering to listed C/Ps, unless there is a C/P sector cooperative for the year.
4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii ), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/
processor sector’s allocation of pollock.
5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
pollock DFAs.
6 Pursuant to § 679.20(a)(5)(i)(A)(7 ), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ
pollock DFAs.
7Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in
Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the Aleutian Islands pollock ABC.
8 Pursuant to § 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The amounts specified are for incidental catch
only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
TABLE 5—FINAL 2021 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
2021 A season 1
2021
Allocations
Area and sector
jbell on DSKJLSW7X2PROD with RULES
TAC 1
Bering Sea subarea
..............................................................................
CDQ DFA .........................................................................................................
ICA 1 .................................................................................................................
Total Bering Sea non-CDQ DFA .....................................................................
AFA Inshore .....................................................................................................
AFA Catcher/Processors 3 ...............................................................................
Catch by C/Ps ..........................................................................................
Catch by CVs 3 .........................................................................................
Unlisted C/P Limit 4 ...................................................................................
AFA Motherships .............................................................................................
Excessive Harvesting Limit 5 ............................................................................
Excessive Processing Limit 6 ...........................................................................
Aleutian Islands subarea ABC .........................................................................
Aleutian Islands subarea TAC 1 .......................................................................
CDQ DFA .........................................................................................................
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1,450,000
145,000
48,285
1,256,715
628,358
502,686
459,958
42,728
2,513
125,672
219,925
377,015
58,384
19,000
1,900
A season DFA
n/a
65,250
n/a
565,522
282,761
226,209
206,981
19,228
1,131
56,552
n/a
n/a
n/a
n/a
760
E:\FR\FM\09MRR1.SGM
09MRR1
SCA harvest
limit 2
n/a
40,600
n/a
351,880
175,940
140,752
n/a
n/a
n/a
35,188
n/a
n/a
n/a
n/a
n/a
2021
B´season 1
B season DFA
n/a
79,750
n/a
691,193
345,597
276,477
252,977
23,501
1,382
69,119
n/a
n/a
n/a
n/a
1,140
Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Rules and Regulations
13561
TABLE 5—FINAL 2021 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1—Continued
[Amounts are in metric tons]
2021 A season 1
2021
Allocations
Area and sector
ICA ...................................................................................................................
Aleut Corporation .............................................................................................
Area harvest limit 7.
541 ............................................................................................................
542 ............................................................................................................
543 ............................................................................................................
Bogoslof District ICA 8 ......................................................................................
A season DFA
2021
B´season 1
SCA harvest
limit 2
B season DFA
2,400
14,700
1,200
21,394
n/a
n/a
1,200
(6,694)
17,515
8,758
2,919
75
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
1 Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10 percent) and the ICA (3.7 percent),
is allocated as a DFA as follows: inshore sector—50 percent, catcher/processor sector (C/P)—40 percent, and mothership sector—10 percent. In
the Bering Sea subarea, 45 percent of the DFA is allocated to the A season (January 20–June 10) and 55 percent of the DFA is allocated to the
B season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) through (iii), the annual Aleutian Islands pollock TAC, after subtracting
first for the CDQ DFA (10 percent) and second for the ICA (2,400 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the
Aleutian Islands subarea, the A season is allocated up to 40 percent of the AI pollock ABC.
2 In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector’s annual DFA may be taken from the
SCA before noon, April 1.
3 Pursuant to § 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed C/Ps shall be available for harvest only by eligible catcher vessels with a C/P endorsement delivering to listed C/Ps, unless there is a C/P sector cooperative for the year.
4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii ), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/
processor sector’s allocation of pollock.
5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
pollock DFAs.
6 Pursuant to § 679.20(a)(5)(i)(A)(7 ), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ
pollock DFAs.
7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in
Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the Aleutian Islands pollock ABC.
8 Pursuant to § 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The amounts specified are for incidental catch
only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the Atka Mackerel TACs
jbell on DSKJLSW7X2PROD with RULES
Section 679.20(a)(8) allocates the Atka
mackerel TACs to the Amendment 80
and BSAI trawl limited access sectors,
after subtracting the CDQ reserves, ICAs
for the BSAI trawl limited access sector
and non-trawl gear sector, and the jig
gear allocation (Tables 6 and 7). The
percentage of the ITAC for Atka
mackerel allocated to the Amendment
80 and BSAI trawl limited access sectors
is listed in Table 33 to 50 CFR part 679
and in § 679.91. Pursuant to
§ 679.20(a)(8)(i), up to 2 percent of the
EAI and the BS Atka mackerel ITAC
may be allocated to vessels using jig
gear. The percent of this allocation is
recommended annually by the Council
based on several criteria, including,
among other criteria, the anticipated
harvest capacity of the jig gear fleet. The
Council recommended, and NMFS
approves, a 0.5 percent allocation of the
Atka mackerel ITAC in the EAI and BS
to the jig gear sector in 2020 and 2021.
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Section 679.20(a)(8)(ii)(A) apportions
the Atka mackerel TAC into two equal
seasonal allowances. Section
679.23(e)(3) sets the first seasonal
allowance for directed fishing with
trawl gear from January 20 through June
10 (A season), and the second seasonal
allowance from June 10 through
December 31 (B season). Section
679.23(e)(4)(iii) applies Atka mackerel
seasons to CDQ Atka mackerel trawl
fishing. The ICAs and jig gear
allocations are not apportioned by
season.
Section 679.20(a)(8)(ii)(C)(1)(i) and (ii)
limits Atka mackerel catch within
waters 0 nm to 20 nm of Steller sea lion
sites listed in Table 6 to 50 CFR part 679
and located west of 178° W longitude to
no more than 60 percent of the annual
TACs in Areas 542 and 543, and equally
divides the annual TACs between the A
and B seasons as defined at
§ 679.23(e)(3). Section
679.20(a)(8)(ii)(C)(2) requires that the
annual TAC in Area 543 will be no more
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Fmt 4700
Sfmt 4700
than 65 percent of the ABC in Area 543.
Section 679.20(a)(8)(ii)(D) requires that
any unharvested Atka mackerel A
season allowance that is added to the B
season be prohibited from being
harvested within waters 0 nm to 20 nm
of Steller sea lion sites listed in Table
6 to 50 CFR part 679 and located in
Areas 541, 542, and 543.
Tables 6 and 7 list these 2020 and
2021 Atka mackerel seasonal and area
allowances, and the sector allocations.
One Amendment 80 cooperative has
formed for the 2020 fishing year.
Because all Amendment 80 vessels are
part of the sole Amendment 80
cooperative, no allocation to the
Amendment 80 limited access sector is
required for 2020. The 2021 allocations
for Atka mackerel between Amendment
80 cooperatives and the Amendment 80
limited access sector will not be known
until eligible participants apply for
participation in the program by
November 1, 2020.
E:\FR\FM\09MRR1.SGM
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Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Rules and Regulations
TABLE 6—FINAL 2020 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL CATCH
ALLOWANCE, AND AMENDMENT 80 ALLOCATION OF THE BSAI ATKA MACKEREL TAC
[Amounts are in metric tons]
2020 allocation by area
Eastern
Aleutian
District/
Bering Sea
Sector 1
Season 2 3 4
TAC ...........................................................
CDQ reserve .............................................
n/a .............................................................
Total ..........................................................
A ...............................................................
Critical Habitat ..........................................
B ...............................................................
Critical Habitat ..........................................
n/a .............................................................
Total ..........................................................
Total ..........................................................
Total ..........................................................
A ...............................................................
Critical Habitat ..........................................
B ...............................................................
Critical Habitat ..........................................
Total ..........................................................
A ...............................................................
Critical Habitat ..........................................
B ...............................................................
Critical Habitat ..........................................
Non-CDQ TAC ..........................................
ICA ............................................................
Jig 7 ...........................................................
BSAI trawl limited access .........................
Amendment 80 sector ..............................
24,535
2,625
1,313
n/a
1,313
n/a
21,910
800
106
2,100
1,050
n/a
1,050
n/a
18,904
9,452
n/a
9,452
n/a
Central
Aleutian
District 5
Western
Aleutian
District
14,721
1,575
788
473
788
473
13,146
75
............................
1,307
654
392
654
392
11,764
5,882
3,529
5,882
3,529
20,049
2,145
1,073
644
1,073
644
17,904
20
............................
............................
............................
............................
............................
............................
17,884
8,942
5,365
8,942
5,365
1 Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, jig gear allocation, and ICAs, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31).
2 Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
3 The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
4 Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from January 20 to June 10 and the B
season from June 10 to December 31.
5 Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to be caught inside of Steller sea
lion critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the annual TACs between the A and B seasons as defined at § 679.23(e)(3);
and section 679.20(a)(8)(ii)(C)(2) requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
6 Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian District and the Bering Sea subarea TAC be allocated
to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets the amount of this allocation for 2020 at 0.5 percent. The jig gear allocation is not apportioned by season.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
TABLE 7—FINAL 2021 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL CATCH
ALLOWANCE, AND AMENDMENT 80 ALLOCATION OF THE BSAI ATKA MACKEREL TAC
[Amounts are in metric tons]
2021 allocation by area
Season 2 3 4
TAC ...........................................................
CDQ reserve .............................................
n/a .............................................................
Total ..........................................................
A ...............................................................
Critical Habitat ..........................................
B ...............................................................
Critical Habitat ..........................................
n/a .............................................................
Total ..........................................................
Total ..........................................................
Total ..........................................................
A ...............................................................
Critical Habitat ..........................................
B ...............................................................
Critical Habitat ..........................................
Total ..........................................................
A ...............................................................
Critical Habitat ..........................................
B ...............................................................
non-CDQ TAC ..........................................
ICA ............................................................
Jig 7 ...........................................................
BSAI trawl limited access .........................
jbell on DSKJLSW7X2PROD with RULES
Eastern
Aleutian
District/
Bering Sea 5
Sector 1
Amendment 80 sectors 7 ...........................
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22,540
2,412
1,206
n/a
1,206
n/a
20,128
800
97
1,923
962
n/a
962
n/a
17,308
8,654
n/a
8,654
E:\FR\FM\09MRR1.SGM
Central
Aleutian
District 5
Western
Aleutian
District 5
13,524
1,447
724
434
724
434
12,077
75
............................
1,200
600
360
600
360
10,802
5,401
3,241
5,401
18,418
1,971
985
591
985
591
16,447
20
............................
............................
............................
............................
............................
............................
16,427
8,214
4,928
8,214
09MRR1
Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Rules and Regulations
13563
TABLE 7—FINAL 2021 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL CATCH
ALLOWANCE, AND AMENDMENT 80 ALLOCATION OF THE BSAI ATKA MACKEREL TAC—Continued
[Amounts are in metric tons]
2021 allocation by area
Sector 1
Eastern
Aleutian
District/
Bering Sea 5
Season 2 3 4
Critical Habitat ..........................................
Central
Aleutian
District 5
n/a
3,241
Western
Aleutian
District 5
4,928
1 Section
jbell on DSKJLSW7X2PROD with RULES
679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, jig gear allocation, and ICAs, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31).
2 Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
3 The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
4 Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from January 20 to June 10 and the B
season from June 10 to December 31.
5 Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to be caught inside of Steller sea
lion critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the annual TACs between the A and B seasons as defined at § 679.23(e)(3);
and section 679.20(a)(8)(ii)(C)(2) requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
6 Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian District and the Bering Sea subarea TAC be allocated
to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets the amount of this allocation for 2021 at 0.5 percent. The jig gear allocation is not apportioned by season.
7 The 2021 allocations for Atka mackerel between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known
until eligible participants apply for participation in the program by November 1, 2020.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the Pacific Cod TAC
The Council separated Bering Sea and
Aleutian Islands subarea OFLs, ABCs,
and TACs for Pacific cod in 2014 (79 FR
12108, March 4, 2014). Section
679.20(b)(1)(ii)(C) allocates 10.7 percent
of the Bering Sea TAC and the Aleutian
Islands TAC to the CDQ program. After
CDQ allocations have been deducted
from the respective Bering Sea and
Aleutian Islands Pacific cod TACs, the
remaining Bering Sea and Aleutian
Islands Pacific cod TACs are combined
for calculating further BSAI Pacific cod
sector allocations. If the non-CDQ
Pacific cod TAC is or will be reached in
either the Bering Sea or the Aleutian
Islands subareas, NMFS will prohibit
non-CDQ directed fishing for Pacific cod
in that subarea as provided in
§ 679.20(d)(1)(iii).
Section 679.20(a)(7)(i) and (ii)
allocates to the non-CDQ sectors the
Pacific cod TAC in the combined BSAI
TAC, after subtracting 10.7 percent for
the CDQ program, as follows: 1.4
percent to vessels using jig gear; 2.0
percent to hook-and-line or pot CVs less
than 60 ft (18.3 m) length overall (LOA);
0.2 percent to hook-and-line CVs greater
than or equal to 60 ft (18.3 m) LOA; 48.7
percent to hook-and-line C/Ps; 8.4
percent to pot CVs greater than or equal
to 60 ft (18.3 m) LOA; 1.5 percent to pot
C/Ps; 2.3 percent to AFA trawl C/Ps;
13.4 percent to Amendment 80 sector;
and 22.1 percent to trawl CVs. The ICA
for the hook-and-line and pot sectors
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Jkt 250001
will be deducted from the aggregate
portion of Pacific cod TAC allocated to
the hook-and-line and pot sectors. For
2020 and 2021, the Regional
Administrator establishes an ICA of 400
mt based on anticipated incidental catch
by these sectors in other fisheries.
The ITAC allocation of Pacific cod to
the Amendment 80 sector is established
in Table 33 to 50 CFR part 679 and
§ 679.91. One Amendment 80
cooperative has formed for the 2020
fishing year. Because all Amendment 80
vessels are part of the sole Amendment
80 cooperative, no allocation to the
Amendment 80 limited access sector is
required for 2020. The 2021 allocations
for Amendment 80 species between
Amendment 80 cooperatives and the
Amendment 80 limited access sector
will not be known until eligible
participants apply for participation in
the program by November 1, 2020.
The sector allocations of Pacific cod
are apportioned into seasonal
allowances to disperse the Pacific cod
fisheries over the fishing year (see
§§ 679.20(a)(7)(i)(B), 679.20(a)(7)(iv)(A),
and 679.23(e)(5)). In accordance with
§ 679.20(a)(7)(iv)(B) and (C), any unused
portion of a seasonal Pacific cod
allowance for any sector, except the jig
sector, will become available at the
beginning of that sector’s next seasonal
allowance.
Section 679.20(a)(7)(vii) requires that
the Regional Administrator establish an
Area 543 Pacific cod harvest limit based
PO 00000
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Fmt 4700
Sfmt 4700
on Pacific cod abundance in Area 543
as determined by the annual stock
assessment process. Based on the 2019
stock assessment, the Regional
Administrator determined for 2020 and
2021 the estimated amount of Pacific
cod abundance in Area 543 is 15.7
percent of the total AI abundance.
NMFS will first subtract the State GHL
Pacific cod amount from the Aleutian
Islands Pacific cod ABC. Then NMFS
will determine the harvest limit in Area
543 by multiplying the percentage of
Pacific cod estimated in Area 543 (15.7
percent) by the remaining ABC for AI
Pacific cod. Based on these calculations,
the Area 543 harvest limit is 2,166 mt
for 2020 and 2021.
On March 21, 2019, the final rule
adopting Amendment 113 to the FMP
(81 FR 84434; November 23, 2016) was
vacated by the U.S. District Court for the
District of Columbia (Groundfish Forum
v. Ross, No. 16–2495 (D.D.C. March 21,
2019)), and the corresponding
regulations implementing Amendment
113 are no longer in effect. Therefore,
this final rule is not specifying amounts
for the AI Pacific Cod Catcher Vessel
Harvest Set-Aside Program (see
§ 679.20(a)(7)(viii)).
Table 8 and Table 9 list the CDQ and
non-CDQ seasonal allowances by gear
based on the final 2020 and 2021 Pacific
cod TACs; the sector allocation
percentages of Pacific cod set forth at
§ 679.20(a)(7)(i)(B) and (a)(7)(iv)(A); and
the seasons set forth at § 679.23(e)(5).
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TABLE 8—FINAL 2020 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC
[Amounts are in metric tons]
Sector
2020
share of
total
Percent
2020
share of
sector total
BS TAC ........................................................
BS CDQ .......................................................
BS non-CDQ TAC .......................................
AI TAC .........................................................
AI CDQ ........................................................
AI non-CDQ TAC .........................................
Western Aleutian Island Limit ......................
Total BSAI non-CDQ TAC 1 .........................
Total hook-and-line/pot gear ........................
Hook-and-line/pot ICA 2 ...............................
Hook-and-line/pot sub-total ..........................
Hook-and-line catcher/processor .................
n/a
n/a
n/a
n/a
n/a
n/a
n/a
100
60.8
n/a
n/a
48.7
141,799
15,172
126,627
13,796
1,476
12,320
2,166
138,946
84,479
400
84,079
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
67,346
Hook-and-line catcher vessel ≥60 ft LOA ...
0.2
n/a
277
Pot catcher/processor ..................................
1.5
n/a
2,074
Pot catcher vessel ≥60 ft LOA ....................
8.4
n/a
11,616
Catcher vessel <60 ft LOA using hook-andline or pot gear.
Trawl catcher vessel ....................................
2.0
n/a
2,766
22.1
30,707
n/a
AFA trawl catcher/processor .......................
2.3
3,196
n/a
Amendment 80 ............................................
13.4
18,619
n/a
Jig ................................................................
1.4
1,945
n/a
2020 seasonal apportionment
Season
Amount
n/a ..................................................
see § 679.20(a)(7)(i)(B) .................
n/a ..................................................
n/a ..................................................
see § 679.20(a)(7)(i)(B) .................
n/a ..................................................
n/a ..................................................
n/a ..................................................
n/a ..................................................
see § 679.20(a)(7)(ii)(B) ................
n/a ..................................................
Jan 1–Jun 10 .................................
Jun 10–Dec 31 ..............................
Jan 1–Jun 10 .................................
Jun 10–Dec 31 ..............................
Jan 1–Jun 10 .................................
Sept 1–Dec 31 ..............................
Jan 1–Jun 10 .................................
Sept 1–Dec 31 ..............................
n/a ..................................................
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
34,347
33,000
141
136
1,058
1,016
5,924
5,692
n/a
Jan 20–Apr 1 .................................
Apr 1–Jun 10 .................................
Jun 10–Nov 1 ................................
Jan 20–Apr 1 .................................
Apr 1–Jun 10 .................................
Jun 10–Nov 1 ................................
Jan 20–Apr 1 .................................
Apr 1–Jun 10 .................................
Jun 10–Nov 1 ................................
Jan 1–Apr 30 .................................
Apr 30–Aug 31 ..............................
Aug 31–Dec 31 .............................
22,723
3,378
4,606
2,397
799
....................
13,964
4,655
....................
1,167
389
389
1 The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI Pacific cod TACs, after
the subtraction of the reserves for the CDQ Program. If the TAC for Pacific cod in either the AI or BS is or will be reached, then directed fishing
for Pacific cod in that subarea will be prohibited, even if a BSAI allowance remains (§ 679.20(d)(1)(iii)).
2 The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line
and pot sectors. The Regional Administrator approves an ICA of 400 mt for 2020 based on anticipated incidental catch in these fisheries.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
TABLE 9—FINAL 2021 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC
[Amounts are in metric tons]
jbell on DSKJLSW7X2PROD with RULES
Sector
Percent
2020
share of
sector total
2020
share total
BS TAC ........................................................
BS CDQ .......................................................
BS non-CDQ TAC .......................................
AI TAC .........................................................
AI CDQ ........................................................
AI non-CDQ TAC .........................................
Western Aleutian Island Limit ......................
Total BSAI non-CDQ TAC 1 .........................
Total hook-and-line/pot gear ........................
Hook-and-line/pot ICA 2 ...............................
Hook-and-line/pot sub-total ..........................
Hook-and-line catcher/processor .................
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
60.8
n/a
n/a
48.7
92,633
9,912
82,721
13,796
1,476
12,320
2,166
95,041
57,785
400
57,385
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
45,965
Hook-and-line catcher vessel ≥60 ft LOA ...
0.2
n/a
189
Pot catcher/processor ..................................
1.5
n/a
1,416
Pot catcher vessel ≥60 ft LOA ....................
8.4
n/a
7,928
Catcher vessel <60 ft LOA using hook-andline or pot gear.
2.0
n/a
1,888
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2020 seasonal apportionment
Season
n/a ..................................................
see § 679.20(a)(7)(i)(B) .................
n/a ..................................................
n/a ..................................................
see § 679.20(a)(7)(i)(B) .................
n/a ..................................................
n/a ..................................................
n/a ..................................................
n/a ..................................................
see § 679.20(a)(7)(ii)(B) ................
n/a ..................................................
Jan 1–Jun 10 .................................
Jun 10–Dec 31 ..............................
Jan 1–Jun 10 .................................
Jun 10–Dec 31 ..............................
Jan 1–Jun 10 .................................
Sept 1–Dec 31 ..............................
Jan 1–Jun 10 .................................
Sept 1–Dec 31 ..............................
n/a ..................................................
E:\FR\FM\09MRR1.SGM
09MRR1
Amount
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
23,442
22,523
96
92
722
694
4,043
3,885
n/a
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TABLE 9—FINAL 2021 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC—Continued
[Amounts are in metric tons]
Sector
2020
share of
sector total
2020
share total
Percent
Trawl catcher vessel ....................................
22.1
21,004
n/a
AFA trawl catcher/processor .......................
2.3
2,186
n/a
Amendment 80 ............................................
13.4
12,736
n/a
Jig ................................................................
1.4
1,331
n/a
2020 seasonal apportionment
Season
Amount
Jan 20–Apr 1 .................................
Apr 1–Jun 10 .................................
Jun 10–Nov 1 ................................
Jan 20–Apr 1 .................................
Apr 1–Jun 10 .................................
Jun 10–Nov 1 ................................
Jan 20–Apr 1 .................................
Apr 1–Jun 10 .................................
Jun 10–Dec 31 ..............................
Jan 1–Apr 30 .................................
Apr 30–Aug 31 ..............................
Aug 31–Dec 31 .............................
15,543
2,310
3,151
1,639
546
....................
9,552
3,184
....................
798
266
266
1 The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI Pacific cod TACs, after the
subtraction of the reserves for the CDQ Program. If the TAC for Pacific cod in either the AI or BS is or will be reached, then directed fishing for
Pacific cod in that subarea will be prohibited, even if a BSAI allowance remains (§ 679.20(d)(1)(iii)).
2 The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line
and pot sectors. The Regional Administrator approves an ICA of 400 mt for 2021 based on anticipated incidental catch in these fisheries.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Sablefish Gear Allocation
Section 679.20(a)(4)(iii) and (iv)
require allocation of the sablefish TAC
for the BS and AI subareas between
trawl gear and hook-and-line or pot gear
sectors. Gear allocations of the sablefish
TAC for the BS are 50 percent for trawl
gear and 50 percent for hook-and-line or
pot gear. Gear allocations of the TAC for
the AI are 25 percent for trawl gear and
75 percent for hook-and-line or pot gear.
Section 679.20(b)(1)(ii)(B) requires that
NMFS apportions 20 percent of the
hook-and-line or pot gear allocation of
sablefish TAC to the CDQ reserve for
each subarea. Also,
§ 679.20(b)(1)(ii)(D)(1) requires that in
the BS and AI 7.5 percent of the trawl
gear allocation of sablefish TAC from
the non-specified reserve, established
under § 679.20(b)(1)(i), be assigned to
the CDQ reserve.
The Council recommended that only
trawl sablefish TAC be established
biennially. The harvest specifications
for the hook-and-line gear or pot gear
sablefish Individual Fishing Quota (IFQ)
fisheries are limited to the 2020 fishing
year to ensure those fisheries are
conducted concurrently with the halibut
IFQ fishery. Concurrent sablefish and
halibut IFQ fisheries reduce the
potential for discards of halibut and
sablefish in those fisheries. The
sablefish IFQ fisheries remain closed at
the beginning of each fishing year until
the final harvest specifications for the
sablefish IFQ fisheries are in effect.
Table 10 lists the 2020 and 2021 gear
allocations of the sablefish TAC and
CDQ reserve amounts.
TABLE 10—FINAL 2020 AND 2021 GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS
[Amounts are in metric tons]
Percent of
TAC
Subarea and gear
Bering Sea
Trawl 1 ...............................................
Hook-and-line/pot gear 2 ...................
Total ...........................................
Aleutian Islands
Trawl 1 ...............................................
Hook-and-line/pot gear 2 ...................
Total ...........................................
2020 Share
of TAC
2020 ITAC
2020 CDQ
reserve
2021 Share
of TAC
2021 ITAC
2021 CDQ
reserve
50
50
100
931
931
1,861
791
744
1,535
70
186
256
1,433
n/a
1,433
1,218
n/a
1,218
107
n/a
107
25
75
100
510
1,529
2,039
433
1,223
1,657
38
306
344
625
n/a
625
531
n/a
531
47
n/a
47
jbell on DSKJLSW7X2PROD with RULES
1 For the sablefish trawl gear allocations, 15 percent of TAC is apportioned to the non-specific reserve (§ 679.20(b)(1)(i)). The ITAC is the remainder of the TAC after subtracting these reserves. In the BS and AI, 7.5 percent of the trawl non-specified reserve is assigned to the CDQ reserves (§ 679.20(b)(1)(ii)(D)(1)).
2 For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use
by CDQ participants (§ 679.20(b)(1)(ii)(B)). The Council recommended that specifications for the hook-and-line gear sablefish IFQ fisheries be
limited to one year.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the Aleutian Islands
Pacific Ocean Perch, and BSAI Flathead
Sole, Rock Sole, and Yellowfin Sole
TACs
Section 679.20(a)(10)(i) and (ii)
require that NMFS allocate Aleutian
Islands Pacific ocean perch, and BSAI
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Jkt 250001
flathead sole, rock sole, and yellowfin
sole ITACs between the Amendment 80
sector and the BSAI trawl limited access
sector, after subtracting 10.7 percent for
the CDQ reserves and ICAs for the BSAI
trawl limited access sector and vessels
using non-trawl gear. The allocations of
PO 00000
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Sfmt 4700
the ITACs for Aleutian Islands Pacific
ocean perch, and BSAI flathead sole,
rock sole, and yellowfin sole to the
Amendment 80 sector are established in
accordance with Tables 33 and 34 to 50
CFR part 679 and § 679.91.
E:\FR\FM\09MRR1.SGM
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Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Rules and Regulations
One Amendment 80 cooperative has
formed for the 2020 fishing year.
Because all Amendment 80 vessels are
part of the sole Amendment 80
cooperative, no allocation to the
Amendment 80 limited access sector is
required for 2020. The 2021 allocations
for Amendment 80 species between
Amendment 80 cooperatives and the
Amendment 80 limited access sector
will not be known until eligible
participants apply for participation in
the program by November 1, 2020.
Tables 11 and 12 list the 2020 and 2021
allocations of the Aleutian Islands
Pacific ocean perch, and BSAI flathead
sole, rock sole, and yellowfin sole TACs.
TABLE 11—FINAL 2020 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND
AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK
SOLE, AND YELLOWFIN SOLE TACS
[Amounts are in metric tons]
Pacific ocean perch
Sector
Eastern
Aleutian
District
TAC ..........................................................
CDQ .........................................................
ICA ...........................................................
BSAI trawl limited access ........................
Amendment 80 .........................................
Central
Aleutian
District
10,613
1,136
100
938
8,440
Western
Aleutian
District
8,094
866
60
717
6,451
10,000
1,070
10
178
8,742
Flathead sole
Rock sole
Yellowfin sole
BSAI
BSAI
BSAI
19,500
2,087
3,000
........................
14,414
47,100
5,040
6,000
........................
36,060
150,700
16,125
4,000
17,172
113,403
Note: Sector apportionments may not total precisely due to rounding.
TABLE 12—FINAL 2021 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND
AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK
SOLE, AND YELLOWFIN SOLE TACS
[Amounts are in metric tons]
Pacific ocean perch
Sector
Eastern
Aleutian
District
TAC ..........................................................
CDQ .........................................................
ICA ...........................................................
BSAI trawl limited access ........................
Amendment 80 1 ......................................
Central
Aleutian
District
10,619
1,136
100
938
8,444
Western
Aleutian
District
7,817
836
60
692
6,229
10,000
1,070
10
178
8,742
Flathead sole
Rock sole
Yellowfin sole
BSAI
BSAI
BSAI
24,000
2,568
3,000
........................
18,432
49,000
5,243
6,000
........................
37,757
168,900
18,072
4,000
23,673
123,154
1 The 2021 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not
be known until eligible participants apply for participation in the program by November 1, 2020.
Note: Sector apportionments may not total precisely due to rounding.
Section 679.2 defines the ABC surplus
for flathead sole, rock sole, and
yellowfin sole as the difference between
the annual ABC and TAC for each
species. Section 679.20(b)(1)(iii)
establishes ABC reserves for flathead
sole, rock sole, and yellowfin sole. The
ABC surpluses and the ABC reserves are
necessary to mitigate the operational
variability, environmental conditions,
and economic factors that may constrain
the CDQ groups and the Amendment 80
cooperatives from achieving, on a
continuing basis, the optimum yield in
the BSAI groundfish fisheries. NMFS,
after consultation with the Council, may
set the ABC reserve at or below the ABC
surplus for each species, thus
maintaining the TAC below ABC limits.
An amount equal to 10.7 percent of the
ABC reserves will be allocated as CDQ
ABC reserves for flathead sole, rock
sole, and yellowfin sole. Section
679.31(b)(4) establishes the annual
allocations of CDQ ABC reserves among
the CDQ groups. The Amendment 80
ABC reserves shall be the ABC reserves
minus the CDQ ABC reserves. Section
679.91(i)(2) establishes each
Amendment 80 cooperative ABC reserve
to be the ratio of each cooperatives’
quota share units and the total
Amendment 80 quota share units,
multiplied by the Amendment 80 ABC
reserve for each respective species.
Table 13 lists the 2020 and 2021 ABC
surplus and ABC reserves for BSAI
flathead sole, rock sole, and yellowfin
sole.
TABLE 13—FINAL 2020 AND 2021 ABC SURPLUS, ABC RESERVES, COMMUNITY DEVELOPMENT QUOTA (CDQ) ABC
RESERVES, AND AMENDMENT 80 ABC RESERVES IN THE BSAI FOR FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE
jbell on DSKJLSW7X2PROD with RULES
[Amounts are in metric tons]
2020 Flathead
sole
Sector
ABC
TAC
ABC
ABC
........................................................
........................................................
surplus ...........................................
reserve ...........................................
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Jkt 250001
2020 Rock
sole
68,134
19,500
48,634
48,634
PO 00000
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2020 Yellowfin
sole
153,300
47,100
106,200
106,200
Fmt 4700
Sfmt 4700
260,918
150,700
110,218
110,218
2021 1 Flathead sole
2021 1 Rock
sole
71,079
24,000
47,079
47,079
E:\FR\FM\09MRR1.SGM
09MRR1
230,700
49,000
181,700
181,700
2021 1 Yellowfin
sole
261,497
168,900
92,597
92,597
Federal Register / Vol. 85, No. 46 / Monday, March 9, 2020 / Rules and Regulations
13567
TABLE 13—FINAL 2020 AND 2021 ABC SURPLUS, ABC RESERVES, COMMUNITY DEVELOPMENT QUOTA (CDQ) ABC RESERVES, AND AMENDMENT 80 ABC RESERVES IN THE BSAI FOR FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN
SOLE—Continued
[Amounts are in metric tons]
2020 Flathead
sole
Sector
CDQ ABC reserve .................................
Amendment 80 ABC reserve .................
2020 Rock
sole
5,204
43,430
2020 Yellowfin
sole
11,363
94,837
11,793
98,425
2021 1 Flathead sole
2021 1 Rock
sole
5,037
42,042
19,442
162,258
2021 1 Yellowfin
sole
9,908
82,689
1 The 2021 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not
be known until eligible participants apply for participation in the program by November 1, 2020.
jbell on DSKJLSW7X2PROD with RULES
PSC Limits for Halibut, Salmon, Crab,
and Herring
Section 679.21(b), (e), (f), and (g) sets
forth the BSAI PSC limits. Pursuant to
§ 679.21(b)(1), the annual BSAI halibut
PSC limits total 3,515 mt. Section
679.21(b)(1) allocates 315 mt of the
halibut PSC limit as the PSQ reserve for
use by the groundfish CDQ program,
1,745 mt of the halibut PSC limit for the
Amendment 80 sector, 745 mt of the
halibut PSC limit for the BSAI trawl
limited access sector, and 710 mt of the
halibut PSC limit for the BSAI non-trawl
sector.
Section 679.21(b)(1)(iii)(A) and (B)
authorizes apportionment of the BSAI
non-trawl halibut PSC limit into PSC
allowances among six fishery categories
in Table 17, and § 679.21(b)(1)(ii)(A)
and (B), (e)(3)(i)(B), and (e)(3)(iv)
requires apportionment of the trawl PSC
limits in Tables 15 and 16 into PSC
allowances among seven fishery
categories.
Pursuant to Section 3.6 of the FMP,
the Council recommends, and NMFS
agrees, that certain specified non-trawl
fisheries be exempt from the halibut
PSC limit. As in past years, after
consultation with the Council, NMFS
exempts the pot gear fishery, the jig gear
fishery, and the sablefish IFQ hook-andline gear fishery categories from halibut
bycatch restrictions for the following
reasons: (1) The pot gear fisheries have
low halibut bycatch mortality; (2) NMFS
estimates halibut mortality for the jig
gear fleet to be negligible because of the
small size of the fishery and the
selectivity of the gear; and (3) the
sablefish and halibut IFQ fisheries have
low halibut bycatch mortality because
the IFQ program requires that legal-size
halibut be retained by vessels using
fixed gear if a halibut IFQ permit holder
or a hired master is aboard and is
holding unused halibut IFQ for that
vessel category and the IFQ regulatory
area in which the vessel is operating
(§ 679.7(f)(11)).
The 2019 total groundfish catch for
the pot gear fishery in the BSAI was
45,567 mt, with an associated halibut
VerDate Sep<11>2014
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Jkt 250001
bycatch mortality of 3.7 mt. The 2019 jig
gear fishery harvested about 190 mt of
groundfish. Most vessels in the jig gear
fleet are exempt from observer coverage
requirements. As a result, observer data
are not available on halibut bycatch in
the jig gear fishery. As mentioned above,
NMFS estimates a negligible amount of
halibut bycatch mortality because of the
selective nature of jig gear and the low
mortality rate of halibut caught with jig
gear and released.
Under § 679.21(f)(2), NMFS annually
allocates portions of either 33,318,
45,000, 47,591, or 60,000 Chinook
salmon PSC limits among the AFA
sectors, depending on past bycatch
performance, on whether Chinook
salmon bycatch incentive plan
agreements (IPAs) are formed, and on
whether NMFS determines it is a low
Chinook salmon abundance year. NMFS
will determine that it is a low Chinook
salmon abundance year when
abundance of Chinook salmon in
western Alaska is less than or equal to
250,000 Chinook salmon. The State of
Alaska provides to NMFS an estimate of
Chinook salmon abundance using the 3System Index for western Alaska based
on the Kuskokwim, Unalakleet, and
Upper Yukon aggregate stock grouping.
If an AFA sector participates in an
approved IPA and has not exceeded its
performance standard under
§ 679.21(f)(6), and if it is not a low
Chinook salmon abundance year, then
NMFS will allocate a portion of the
60,000 Chinook salmon PSC limit to
that sector as specified in
§ 679.21(f)(3)(iii)(A). If no IPA is
approved, or if the sector has exceeded
its performance standard under
§ 679.21(f)(6), and if it is not a low
abundance year, then NMFS will
allocate a portion of the 47,591 Chinook
salmon PSC limit to that sector as
specified in § 679.21(f)(3)(iii)(C). If an
AFA sector participates in an approved
IPA and has not exceeded its
performance standard under
§ 679.21(f)(6), in a low abundance year,
then NMFS will allocate a portion of the
45,000 Chinook salmon PSC limit to
that sector as specified in
PO 00000
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Sfmt 4700
§ 679.21(f)(3)(iii)(B). If no IPA is
approved, or if the sector has exceeded
its performance standard under
§ 679.21(f)(6), and if in a low abundance
year, then NMFS will allocate a portion
of the 33,318 Chinook salmon PSC limit
to that sector as specified in
§ 679.21(f)(3)(iii)(D).
NMFS has determined that 2019 was
not a low Chinook salmon abundance
year, based on the State’s estimate that
Chinook salmon abundance in western
Alaska is greater than 250,000 Chinook
salmon. Therefore, in 2020, the Chinook
salmon PSC limit is 60,000 Chinook
salmon, allocated to each sector as
specified in § 679.21(f)(3)(iii)(A). The
AFA sector Chinook salmon allocations
are also seasonally apportioned with 70
percent of the allocation for the A
season pollock fishery, and 30 percent
of the allocation for the B season
pollock fishery (§§ 679.21(f)(3)(i) and
679.23(e)(2)). In 2020, the Chinook
salmon bycatch performance standard
under § 679.21(f)(6) is 47,591 Chinook
salmon, allocated to each sector as
specified in § 679.21(f)(3)(iii)(C).
NMFS publishes the approved IPAs,
allocations, and reports at https://
alaskafisheries.noaa.gov/
sustainablefisheries/bycatch/
default.htm.
Section 679.21(g)(2)(i) specifies 700
fish as the 2020 and 2021 Chinook
salmon PSC limit for the AI pollock
fishery. Section 679.21(g)(2)(ii) allocates
7.5 percent, or 53 Chinook salmon, as
the AI PSQ reserve for the CDQ
Program, and allocates the remaining
647 Chinook salmon to the non-CDQ
fisheries.
Section 679.21(f)(14)(i) specifies
42,000 fish as the 2020 and 2021 nonChinook salmon PSC limit for vessels
using trawl gear from August 15 through
October 14 in the Catcher Vessel
Operational Area (CVOA). Section
679.21(f)(14)(ii) allocates 10.7 percent,
or 4,494 non-Chinook salmon, in the
CVOA as the PSQ reserve for the CDQ
Program, and allocates the remaining
37,506 non-Chinook salmon in the
CVOA to the non-CDQ fisheries.
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PSC limits for crab and herring are
specified annually based on abundance
and spawning biomass. Section
679.21(e)(3)(i)(A)(1) allocates 10.7
percent from each trawl gear PSC limit
specified for crab as a PSQ reserve for
use by the groundfish CDQ program.
Based on 2019 survey data, the red
king crab mature female abundance is
estimated at 10.613 million red king
crabs, and the effective spawning
biomass is estimated at 29.009 million
lbs (12,705 mt). Based on the criteria set
out at § 679.21(e)(1)(i), the 2020 and
2021 PSC limit of red king crab in Zone
1 for trawl gear is 97,000 animals. This
limit derives from the mature female
abundance estimate of more than 8.4
million mature red king crab and the
effective spawning biomass estimate of
more than 14.5 million lbs (6,577 mt)
but less than 55 million lbs (24,948 mt).
Section 679.21(e)(3)(ii)(B)(2)
establishes criteria under which NMFS
must specify an annual red king crab
bycatch limit for the Red King Crab
Savings Subarea (RKCSS) if the State
has established a GHL fishery for red
king crab in the Bristol Bay area in the
previous year. The regulations limit the
RKCSS red king crab bycatch limit to 25
percent of the red king crab PSC limit,
based on the need to optimize the
groundfish harvest relative to red king
crab bycatch. In December 2019, the
Council recommended and NMFS
concurs that the red king crab bycatch
limit for 2020 and 2021 be equal to 25
percent of the red king crab PSC limit
within the RKCSS (Table 15).
Based on 2019 survey data, Tanner
crab (Chionoecetes bairdi) abundance is
estimated at 2,574 million animals.
Pursuant to criteria set out at
§ 679.21(e)(1)(ii), the calculated 2020
and 2021 C. bairdi crab PSC limit for
trawl gear is 980,000 animals in Zone 1,
and 2,970,000 animals in Zone 2. The
limit in Zone 1 is based on the
abundance of C. bairdi estimated at
2,574 million animals, which is greater
than 400 million animals. The limit in
Zone 2 is based on the abundance of C.
bairdi estimated at 2,574 million
animals, which is greater than 400
million animals.
Pursuant to § 679.21(e)(1)(iii), the PSC
limit for trawl gear for snow crab (C.
opilio) is based on total abundance as
indicated by the NMFS annual bottom
trawl survey. The C. opilio crab PSC
limit in the C. opilio bycatch limitation
zone (COBLZ) is set at 0.1133 percent of
the Bering Sea abundance index minus
150,000 crabs. Based on the 2019 survey
estimate of 7.706 billion animals, the
calculated 2020 and 2021 C. opilio crab
PSC limit is 8,580,898 animals, which is
above the minimum PSC limit of 4.5
million and below the maximum PSC
limit of 13 million animals.
Pursuant to § 679.21(e)(1)(v), the PSC
limit of Pacific herring caught while
conducting any trawl operation for BSAI
groundfish is 1 percent of the annual
eastern Bering Sea herring biomass. The
best estimate of 2020 and 2021 herring
biomass is 253,207 mt. This amount was
developed by the Alaska Department of
Fish and Game based on biomass for
spawning aggregations. Therefore, the
herring PSC limit for 2020 and 2021 is
2,532 mt for all trawl gear as listed in
Tables 14 and 15.
Section 679.21(e)(3)(i)(A) requires that
PSQ reserves be subtracted from the
total trawl gear crab PSC limits. The
crab and halibut PSC limits apportioned
to the Amendment 80 and BSAI trawl
limited access sectors are listed in Table
35 to 50 CFR part 679. The resulting
2020 and 2021 allocations of PSC limit
to CDQ PSQ reserves, the Amendment
80 sector, and the BSAI trawl limited
access sector are listed in Table 14.
Pursuant to §§ 679.21(b)(1)(i),
679.21(e)(3)(vi), and 679.91(d) through
(f), crab and halibut trawl PSC limits
assigned to the Amendment 80 sector
are then further allocated to
Amendment 80 cooperatives as
cooperative quota. Crab and halibut PSC
cooperative quota assigned to
Amendment 80 cooperatives is not
allocated to specific fishery categories.
In 2020, there are no vessels in the
Amendment 80 limited access sector
and one Amendment 80 cooperative.
The 2021 PSC allocations between
Amendment 80 cooperatives and the
Amendment 80 limited access sector
will not be known until eligible
participants apply for participation in
the program by November 1, 2020.
Section 679.21(e)(3)(i)(B) requires that
NMFS apportion each trawl PSC limit
for crab and herring not assigned to
Amendment 80 cooperatives into PSC
bycatch allowances for seven specified
fishery categories in § 679.21(e)(3)(iv).
Section 679.21(b)(2) and (e)(5)
authorizes NMFS, after consulting with
the Council, to establish seasonal
apportionments of halibut and crab PSC
amounts for the BSAI trawl limited
access and non-trawl sectors in order to
maximize the ability of the fleet to
harvest the available groundfish TAC
and to minimize bycatch. The factors to
be considered are (1) seasonal
distribution of prohibited species, (2)
seasonal distribution of target
groundfish species relative to prohibited
species distribution, (3) PSC bycatch
needs on a seasonal basis relevant to
prohibited species biomass and
expected catches of target groundfish
species, (4) expected variations in
bycatch rates throughout the year, (5)
expected changes in directed groundfish
fishing seasons, (6) expected start of
fishing effort, and (7) economic effects
of establishing seasonal prohibited
species apportionments on segments of
the target groundfish industry. Based on
this criteria, the Council recommended
and NMFS approves the seasonal PSC
apportionments in Tables 16 and 17 to
maximize harvest among gear types,
fisheries, and seasons while minimizing
bycatch of PSC.
TABLE 14—FINAL 2020 AND 2021 APPORTIONMENT OF PROHIBITED SPECIES CATCH ALLOWANCES TO NON-TRAWL GEAR,
THE CDQ PROGRAM, AMENDMENT 80, AND THE BSAI TRAWL LIMITED ACCESS SECTORS
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PSC species and area and zone 1
Total PSC
Halibut mortality (mt) BSAI .......................................................
Herring (mt) BSAI ......................................................................
Red king crab (animals) Zone 1 ...............................................
C. opilio (animals) COBLZ ........................................................
C. bairdi crab (animals) Zone 1 ................................................
C. bairdi crab (animals) Zone 2 ................................................
Non-trawl
PSC
3,515
2,532
97,000
8,580,898
980,000
2,970,000
710
n/a
n/a
n/a
n/a
n/a
CDQ PSQ
reserve 2
315
n/a
10,379
918,156
104,860
317,790
Trawl PSC
remaining
after CDQ
PSQ
n/a
n/a
86,621
7,662,742
875,140
2,652,210
Amendment
80 sector 3
1,745
n/a
43,293
3,766,238
368,521
627,778
1 Refer
BSAI trawl
limited
access
sector
745
n/a
26,489
2,462,805
411,228
1,241,500
BSAI PSC
limits not
allocated 3
....................
....................
16,839
1,433,699
95,390
782,932
to § 679.2 for definitions of areas and zones.
PSQ reserve for crab species is 10.7 percent of each crab PSC limit.
Amendment 80 program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to other gear
types or sectors.
2 The
3 The
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TABLE 15—FINAL 2020 AND 2021 HERRING AND RED KING CRAB SAVINGS SUBAREA PROHIBITED SPECIES CATCH
ALLOWANCES FOR ALL TRAWL SECTORS
Red king crab
(animals)
Zone 1
Herring (mt)
BSAI
Fishery Categories
Yellowfin sole ...................................................................................................................................................
Rock sole/flathead sole/Alaska plaice/other flatfish 1 ......................................................................................
Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish .............................................................
Rockfish ...........................................................................................................................................................
Pacific cod .......................................................................................................................................................
Midwater trawl pollock .....................................................................................................................................
Pollock/Atka mackerel/other species 2 3 ..........................................................................................................
Red king crab savings subarea non-pelagic trawl gear 4 ................................................................................
110
54
7
7
13
2,299
42
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
24,250
Total trawl PSC ........................................................................................................................................
2,532
97,000
1 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder,
flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
2 Pollock other than midwater trawl pollock, Atka mackerel, and ‘‘other species’’ fishery category.
3 ‘‘Other species’’ for PSC monitoring includes skates, sculpins, sharks, and octopuses.
4 In December 2019, the Council recommended, and NMFS approves, that the red king crab bycatch limit for non-pelagic trawl fisheries within
the RKCSS be limited to 25 percent of the red king crab PSC allowance (see § 679.21(e)(3)(ii)(B)(2)).
Note: Species allowances may not total precisely due to rounding.
TABLE 16—FINAL 2020 AND 2021 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED ACCESS
SECTOR
Prohibited species and area or zone 1
BSAI trawl limited access fisheries
Halibut
mortality
(mt) BSAI
Red king crab
(animals)
Zone 1
C. opilio
(animals)
COBLZ
C. bairdi (animals)
Zone 1
Zone 2
Yellowfin sole .......................................................................
Rock sole/flathead sole/Alaska plaice/other flatfish 2 ..........
Greenland turbot/arrowtooth flounder/Kamchatka flounder/
sablefish ...........................................................................
Rockfish April 15–December 31 ..........................................
Pacific cod ............................................................................
Pollock/Atka mackerel/other species 3 .................................
150
........................
23,338
........................
2,321,656
........................
346,228
........................
1,185,500
........................
........................
4
391
200
........................
........................
2,954
197
........................
3,835
98,959
38,356
........................
........................
60,000
5,000
........................
1,000
49,999
5,000
Total BSAI trawl limited access PSC ...........................
745
26,489
2,462,805
411,228
1,241,500
1 Refer
to § 679.2 for definitions of areas and zones.
2 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder,
flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
3 ‘‘Other species’’ for PSC monitoring includes skates, sculpins, sharks, and octopuses.
Note: Seasonal or sector allowances may not total precisely due to rounding.
TABLE 17—FINAL 2020 AND 2021 HALIBUT PROHIBITED SPECIES BYCATCH ALLOWANCES FOR NON-TRAWL FISHERIES
Halibut mortality (mt) BSAI
Catcher/
processor
Catcher
vessel
All
non-trawl
Non-trawl fisheries
Seasons
Pacific cod ..............................................................
Non-Pacific cod non-trawl—Total ...........................
Groundfish pot and jig ............................................
Sablefish hook-and-line ..........................................
Total Pacific cod .....................................
January 1–June 10 .................................
June 10–August 15 ................................
August 15–December 31 .......................
May 1–December 31 ..............................
n/a ...........................................................
n/a ...........................................................
648
388
162
98
n/a
n/a
n/a
13
9
2
2
n/a
n/a
n/a
661
n/a
n/a
n/a
49
Exempt
Exempt
Total for all non-trawl PSC ..............................
n/a ...........................................................
n/a
n/a
710
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Note: Seasonal or sector allowances may not total precisely due to rounding.
Estimates of Halibut Biomass and Stock
Condition
The International Pacific Halibut
Commission (IPHC) annually assesses
the abundance and potential yield of the
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Pacific halibut stock using all available
data from the commercial and sport
fisheries, other removals, and scientific
surveys. Additional information on the
Pacific halibut stock assessment may be
found in the IPHC’s 2019 Pacific halibut
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stock assessment (December 2019),
available on the IPHC website at
www.iphc.int. The IPHC considered the
2019 Pacific halibut stock assessment at
its February 2020 annual meeting when
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it set the 2020 commercial halibut
fishery catch limits.
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 BSAI stock assessment
process. The DMR methodology and
findings are included as an appendix to
the annual BSAI 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,
SSC, and the Council. A summary of the
revised methodology is included in the
BSAI proposed 2017 and 2018 harvest
specifications (81 FR 87863, 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 new 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.
At the December 2019 meeting, the
SSC, AP, and Council reviewed and
concurred in the revised DMRs. The
2020 and 2021 DMRs use an updated 2year reference period. Comparing the
2020 and 2021 final DMRs to the final
DMRs from the 2019 and 2020 harvest
specifications, the DMR for motherships
and catcher/processors using nonpelagic trawl gear decreased to 75
percent from 78 percent, the DMR for
catcher vessels using non-pelagic trawl
gear decreased to 58 percent from 59
percent, the DMR for catcher/processors
using hook-and-line gear increased to 9
percent from 8 percent, the DMR for
catcher vessels using hook-and-line gear
increased to 9 percent from 4 percent,
and the DMR for pot gear increased to
27 percent from 19 percent. Table 18
lists the final 2020 and 2021 DMRs.
TABLE 18—2020 AND 2021 PACIFIC HALIBUT DISCARD MORTALITY RATES (DMR) FOR THE BSAI
Sector
Pelagic trawl ...............................................................................
Non-pelagic trawl ........................................................................
Non-pelagic trawl ........................................................................
Hook-and-line .............................................................................
Hook-and-line .............................................................................
Pot ..............................................................................................
All ................................................................................................
Mothership and catcher/processor .............................................
Catcher vessel ............................................................................
Catcher/processor ......................................................................
Catcher vessel ............................................................................
All ................................................................................................
Directed Fishing Closures
jbell on DSKJLSW7X2PROD with RULES
Halibut discard
mortality rate
(percent)
Gear
In accordance with § 679.20(d)(1)(i),
the Regional Administrator may
establish a DFA for a species or species
group if the Regional Administrator
determines that any allocation or
apportionment of a target species has
been or will be reached. If the Regional
Administrator establishes a DFA, and
that allowance is or will be reached
before the end of the fishing year, NMFS
will prohibit directed fishing for that
species or species group in the specified
subarea, regulatory area, or district (see
§ 679.20(d)(1)(iii)). Similarly, pursuant
to § 679.21(b)(4) and (e)(7), if the
Regional Administrator determines that
a fishery category’s bycatch allowance
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of halibut, red king crab, C. bairdi crab,
or C. opilio crab for a specified area has
been reached, the Regional
Administrator will prohibit directed
fishing for each species or species group
in that fishery category in the area
specified by regulation for the
remainder of the season or fishing year.
Based on historic catch patterns and
anticipated fishing activity, the Regional
Administrator has determined that the
groundfish allocation amounts in Table
19 will be necessary as incidental catch
to support other anticipated groundfish
fisheries for the 2020 and 2021 fishing
years. Consequently, in accordance with
§ 679.20(d)(1)(i), the Regional
Administrator establishes the DFA for
the species and species groups in Table
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100
75
58
9
9
27
19 as zero mt. Therefore, in accordance
with § 679.20(d)(1)(iii), NMFS is
prohibiting directed fishing for these
sectors and species or species groups in
the specified areas effective at 1200
hours, A.l.t., March 9, 2020, through
2400 hours, A.l.t., December 31, 2021.
Also, for the BSAI trawl limited access
sector, bycatch allowances of halibut,
red king crab, C. bairdi crab, and C.
opilio crab listed in Table 19 are
insufficient to support directed
fisheries. Therefore, in accordance with
§ 679.21(b)(4)(i) and (e)(7), NMFS is
prohibiting directed fishing for these
sectors, species, and fishery categories
in the specified areas effective at 1200
hours, A.l.t., March 9, 2020, through
2400 hours, A.l.t., December 31, 2021.
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13571
TABLE 19—2020 AND 2021 DIRECTED FISHING CLOSURES 1
[Groundfish and halibut amounts are in metric tons. Crab amounts are in number of animals.]
2020 Incidental
catch allowance
Area
Sector
Species
Bogoslof District ...........................
Aleutian Islands subarea .............
All ................................................
All ................................................
Aleutian Islands subarea .............
Eastern Aleutian District/Bering
Sea.
Eastern Aleutian District/Bering
Sea.
Eastern Aleutian District ..............
Trawl non-CDQ ...........................
Non-amendment 80, CDQ, and
BSAI trawl limited access.
All ................................................
Pollock .........................................
ICA pollock ..................................
‘‘Other rockfish’’ 2 .........................
Sablefish ......................................
ICA Atka mackerel ......................
Central Aleutian District ...............
Western Aleutian District .............
Western and Central Aleutian
Districts.
Bering Sea subarea .....................
Bering Sea subarea .....................
Bering Sea and Aleutian Islands
Blackspotted/Rougheye rockfish
2021 Incidental
catch allowance
75
2,400
388
433
800
75
2,400
388
531
800
72
72
Non-amendment 80, CDQ, and
BSAI trawl limited access.
Non-amendment 80, CDQ, and
BSAI trawl limited access.
Non-amendment 80, CDQ and
BSAI trawl limited access.
All ................................................
ICA Pacific ocean perch .............
100
100
ICA Atka mackerel ......................
ICA Pacific ocean perch .............
ICA Atka mackerel ......................
ICA Pacific ocean perch .............
Blackspotted/Rougheye rockfish
75
60
20
10
224
75
60
20
10
288
Trawl non-CDQ ...........................
All ................................................
Sablefish ......................................
Pacific ocean perch .....................
‘‘Other rockfish’’ 2 .........................
ICA pollock ..................................
Northern rockfish .........................
Shortraker rockfish ......................
Skates .........................................
Sculpins .......................................
Sharks .........................................
Octopuses ...................................
ICA Pacific cod ............................
ICA flathead sole .........................
ICA rock sole ...............................
ICA yellowfin sole ........................
633
12,043
595
47,453
8,500
319
13,866
4,505
128
234
400
3,000
6,000
4,000
847
11,560
595
48,285
8,500
319
13,600
4,250
128
255
400
3,000
6,000
4,000
Rock sole/flathead sole/other flatfish—halibut mortality, red king
crab Zone 1, C. opilio COBLZ,
C. bairdi Zone 1 and 2.
Turbot/arrowtooth/sablefish—halibut mortality, red king crab
Zone 1, C. opilio COBLZ, C.
bairdi Zone 1 and 2.
Rockfish—red king crab Zone 1
............................
............................
............................
............................
............................
............................
All ................................................
Hook-and-line and pot gear ........
Non-amendment 80 and CDQ ....
Non-amendment 80, CDQ, and
BSAI trawl limited access.
BSAI trawl limited access ...........
1 Maximum
retainable amounts may be found in Table 11 to 50 CFR part 679.
rockfish’’ includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish,
blackspotted/rougheye rockfish, and shortraker rockfish.
jbell on DSKJLSW7X2PROD with RULES
2 ‘‘Other
Closures implemented under the final
2019 and 2020 BSAI harvest
specifications for groundfish (84 FR
9000, March 13, 2019) remain effective
under authority of these final 2020 and
2021 harvest specifications and until the
date specified in those notices. Closures
are posted at the following website
under the Alaska filter for Management
Area: https://www.fisheries.noaa.gov/
rules-and-announcements/bulletins.
While these closures are in effect, the
maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a fishing trip. These closures to
directed fishing are in addition to
closures and prohibitions found at 50
CFR part 679.
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Listed AFA Catcher/Processor
Sideboard Limits
Pursuant to § 679.64(a), the Regional
Administrator is responsible for
restricting the ability of listed AFA C/
Ps to engage in directed fishing for
groundfish species other than pollock to
protect participants in other groundfish
fisheries from adverse effects resulting
from the AFA fishery and from fishery
cooperatives in the directed pollock
fishery. These restrictions are set out as
sideboard limits on catch. On February
8, 2019, NMFS published a final rule
(84 FR 2723) that implemented
regulations to prohibit non-exempt AFA
C/Ps from directed fishing for
groundfish species or species groups
subject to sideboard limits (see
§ 679.20(d)(1)(iv)(D) and Table 54 to 50
CFR part 679). Section 679.64(a)(1)(v)
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exempts AFA C/Ps from a yellowfin sole
sideboard limit because the final 2020
and 2021 aggregate ITAC of yellowfin
sole assigned to the Amendment 80
sector and BSAI trawl limited access
sector is greater than 125,000 mt.
Section 679.64(a)(2) and Tables 40
and 41 to 50 CFR part 679 establish a
formula for calculating PSC sideboard
limits for halibut and crab caught by
listed AFA C/Ps. The basis for these
sideboard limits is described in detail in
the final rules implementing the major
provisions of the AFA (67 FR 79692,
December 30, 2002) and Amendment 80
(72 FR 52668, September 14, 2007). PSC
species listed in Table 20 that are caught
by listed AFA C/Ps participating in any
groundfish fishery other than pollock
will accrue against the final 2020 and
2021 PSC sideboard limits for the listed
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AFA C/Ps. Section 679.21(b)(4)(iii),
(e)(3)(v), and (e)(7) authorize NMFS to
close directed fishing for groundfish
other than pollock for listed AFA C/Ps
once a final 2020 or 2021 PSC sideboard
limit listed in Table 20 is reached.
Pursuant to § 679.21(b)(1)(ii)(C) and
(e)(3)(ii)(C), halibut or crab PSC by
listed AFA C/Ps while fishing for
pollock will accrue against the PSC
allowances annually specified for the
pollock/Atka mackerel/‘‘other species’’
fishery categories, according to
§ 679.21(b)(1)(ii)(B) and (e)(3)(iv).
TABLE 20—FINAL 2020 AND 2021 BSAI AFA LISTED CATCHER/PROCESSOR PROHIBITED SPECIES SIDEBOARD LIMITS
PSC species and area 1
Halibut mortality BSAI ......................................................................................................
Red king crab Zone 1 ......................................................................................................
C. opilio (COBLZ) ............................................................................................................
C. bairdi Zone 1 ...............................................................................................................
C. bairdi Zone 2 ...............................................................................................................
1 Refer
2020 and 2021
PSC available to
trawl vessels
after subtraction
of PSQ 2
Ratio of PSC
catch to total
PSC
n/a
0.0070
0.1530
0.1400
0.0500
n/a
86,621
7,662,742
875,140
2,652,210
2020 and 2021
AFA catcher/
processor
sideboard limit 2
286
606
1,172,400
122,520
132,611
to § 679.2 for definitions of areas.
amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
2 Halibut
AFA Catcher Vessel Sideboard Limits
Pursuant to § 679.64(b), the Regional
Administrator is responsible for
restricting the ability of AFA CVs to
engage in directed fishing for groundfish
species other than pollock to protect
participants in other groundfish
fisheries from adverse effects resulting
from the AFA fishery and from fishery
cooperatives in the pollock directed
fishery. On February 8, 2019, NMFS
published a final rule (84 FR 2723) that
implemented regulations to prohibit
non-exempt AFA C/Vs from directed
fishing for a majority of the groundfish
species or species groups subject to
sideboard limits (see
§ 679.20(d)(1)(iv)(D) and Table 55 to 50
CFR part 679). Section 679.64(b)(6)
exempts AFA CVs from a yellowfin sole
sideboard limit because the 2020 and
2021 aggregate ITAC of yellowfin sole
assigned to the Amendment 80 sector
and BSAI trawl limited access sector is
greater than 125,000 mt. The remainder
of the sideboard limits for non-exempt
AFA C/Vs are in Table 21.
Section 679.64(b)(3) and (b)(4)
establish formulas for setting AFA CV
groundfish and halibut and crab PSC
sideboard limits for the BSAI. The basis
for these sideboard limits is described in
detail in the final rules implementing
the major provisions of the AFA (67 FR
79692, December 30, 2002) and
Amendment 80 (72 FR 52668,
September 14, 2007). Table 21 lists the
final 2020 and 2021 AFA CV sideboard
limits.
TABLE 21–FINAL 2020 AND 2021 BSAI PACIFIC COD SIDEBOARD LIMITS FOR AMERICAN FISHERIES ACT CATCHER
VESSELS (CVS)
[Amounts are in metric tons]
Ratio of 1995–
1997 AFA CV
catch to 1995–
1997 TAC
Fishery by area/gear/season
BSAI ...................................................................
Trawl gear CV ....................................................
Jan 20–Apr 1 .....................................................
Apr 1–Jun 10 .....................................................
Jun 10–Nov 1 .....................................................
n/a
n/a
0.8609
0.8609
0.8609
2020 AFA catcher
vessel sideboard
limits
2020 Initial
TAC
n/a
n/a
22,723
3,378
4,606
2021 Initial
TAC
n/a
n/a
19,562
2,908
3,965
n/a
n/a
15,543
2,310
3,151
2021 AFA catcher
vessel sideboard
limits
n/a
n/a
13,381
1,989
2,712
Note: Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2020 and 2021 aggregate ITAC of
yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector is greater than 125,000 mt.
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Halibut and crab PSC limits listed in
Table 22 that are caught by AFA CVs
participating in any groundfish fishery
other than pollock will accrue against
the 2020 and 2021 PSC sideboard limits
for the AFA CVs. Section
679.21(b)(4)(iii), (e)(3)(v), and (e)(7)
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authorize NMFS to close directed
fishing for groundfish other than
pollock for AFA CVs once a final 2020
and 2021 PSC sideboard limit listed in
Table 22 is reached. Pursuant to
§ 679.21(b)(1)(ii)(C) and (e)(3)(ii)(C),
halibut or crab PSC by AFA CVs while
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fishing for pollock in the BS will accrue
against the PSC allowances annually
specified for the pollock/Atka mackerel/
‘‘other species’’ fishery categories under
§§ 679.21(b)(1)(ii)(B) and (e)(3)(iv).
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TABLE 22–FINAL 2020 AND 2021 AMERICAN FISHERIES ACT CATCHER VESSEL PROHIBITED SPECIES CATCH SIDEBOARD
LIMITS FOR THE BSAI 1
AFA catcher
vessel PSC
sideboard
limit ratio
PSC species and area 1
Target fishery category 2
Halibut .......................................................
Pacific cod trawl .......................................
Pacific cod hook-and-line or pot ..............
Yellowfin sole total ...................................
Rock sole/flathead sole/Alaska plaice/
other flatfish 4.
Greenland turbot/arrowtooth/Kamchatka/
sablefish.
Rockfish ....................................................
Pollock/Atka mackerel/other species 5 .....
n/a .............................................................
n/a .............................................................
n/a .............................................................
n/a .............................................................
Red king crab Zone 1 ...............................
C. opilio COBLZ ........................................
C. bairdi Zone 1 ........................................
C. bairdi Zone 2 ........................................
2020 and 2021
PSC limit after
subtraction of
PSQ reserves 3
2020 and 2021
AFA catcher´
´
vessel PSC
sideboard limit 3
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
887
2
101
228
n/a
n/a
............................
n/a
n/a
0.2990
0.1680
0.3300
0.1860
n/a
n/a
86,621
7,662,742
875,140
2,652,210
2
5
25,900
1,287,341
288,796
493,311
1 Refer
to § 679.2 for definitions of areas.
trawl fishery categories are defined at § 679.21(b)(1)(ii)(B) and (e)(3)(iv).
amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
4 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder,
flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
5 ‘‘Other species’’ for PSC monitoring includes skates, sculpins, sharks, and octopuses.
2 Target
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3 Halibut
Response to Comments
NMFS received one letter raising one
comment during the public comment
period for the proposed BSAI
groundfish harvest specifications. No
changes were made to the final rule in
response to the comment letter received.
Comment 1: NMFS is allowing the
massive taking of 2.0 million mt of
groundfish from the Bering Sea, Alaska,
which should be cut by 50%
immediately, because the allocation is
too high and is harming marine
mammals and other animals that rely on
groundfish for food.
Response 1: The FMP and its
implementing regulations require
NMFS, after consultation with the
Council, to specify annually the TAC for
each target species or species group, and
the sum of all TACs for all groundfish
species in the BSAI must be within the
optimum yield (OY) range of 1.4 million
to 2.0 mt (see § 679.20(a)(1)(i)(A)). For
2020 and 2021, the sum of all TACs is
2.0 million mt, which is the upper end
of the required OY range of 1.4 to 2.0
million mt. For each groundfish species
or species group in the BSAI, the
Council and NMFS set annual harvest
levels for 2020 and 2021 based on the
best available scientific information on
the biological condition of the
groundfish species, the status of
ecosystem, and other socio-economic
factors. NMFS’s primary objective in the
harvest specifications process is the
conservation and management of fish
resources for the Nation as a whole, and
the annual harvest specifications
process is a key element to ensuring that
Alaska fisheries are sustainably
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managed in a controlled and orderly
manner. This process incorporates the
best available scientific information
from the most recent SAFE reports,
which include information on the
condition of each groundfish species
and other ecosystem components, such
as marine mammals and seabirds. In
addition, NMFS has considered impacts
on endangered and threatened species
and marine mammals and has
developed measures to address those
impacts. For example, there are a broad
suite of conservation and management
measures in place to protect Steller sea
lions that were subject to consultation
under Section 7 of the Endangered
Species Act, including those described
at https://www.fisheries.noaa.gov/
species/steller-sea-lion#management.
Classification
NMFS has determined that the final
harvest specifications are consistent
with the FMP and with the MagnusonStevens Act and other applicable laws.
This action is authorized under 50
CFR 679.20 and is exempt from review
under Executive Order 12866. This final
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 (see
ADDRESSES) 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. In
January 2020, NMFS prepared a
Supplementary Information Report (SIR)
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for this action. 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 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.
The SIR evaluates the need to prepare
a Supplemental EIS (SEIS) for the 2020
and 2021 groundfish harvest
specifications. An SEIS should be
prepared if (1) the agency makes
substantial changes in the proposed
action that are relevant to
environmental concerns; or (2)
significant new circumstances or
information exist relevant to
environmental concerns and bearing on
the proposed action or its impacts (40
CFR 1502.9(c)(1)). After reviewing the
information contained in the SIR and
SAFE reports, the Regional
Administrator has determined that (1)
approval of the 2020 and 2021 harvest
specifications, which were set according
to the preferred harvest strategy in the
Final EIS, does not constitute a
substantial change in the action; and (2)
there are no significant new
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circumstances or information relevant to
environmental concerns and bearing on
the action or its impacts. Additionally,
the 2020 and 2021 harvest specifications
will result in environmental, social, and
economic impacts within the scope of
those analyzed and disclosed in the
Final EIS. Therefore, an SEIS is not
necessary to implement the 2020 and
2021 harvest specifications.
Section 604 of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 604)
requires that, when an agency
promulgates a final rule under 5 U.S.C.
553, after being required by that section,
or any other law, to publish a general
notice of proposed rulemaking, the
agency shall prepare a final regulatory
flexibility analysis (FRFA). The
following constitutes the FRFA
prepared for the final action.
The required contents of a FRFA, as
described in section 604, are: (1) A
statement of the need for, and objectives
of, the rule; (2) a statement of the
significant issues raised by the public
comments in response to the initial
regulatory flexibility analysis, a
statement of the assessment of the
agency of such issues, and a statement
of any changes made in the proposed
rule as a result of such comments; (3)
the response of the agency to any
comments filed by the Chief Counsel for
Advocacy of the Small Business
Administration in response to the
proposed rule, and a detailed statement
of any change made to the proposed rule
in the final rule as a result of the
comments; (4) a description of and an
estimate of the number of small entities
to which the rule will apply or an
explanation of why no such estimate is
available; (5) a description of the
projected reporting, recordkeeping, and
other compliance requirements of the
rule, including an estimate of the classes
of small entities which will be subject
to the requirement and the type of
professional skills necessary for
preparation of the report or record; and
(6) a description of the steps the agency
has taken to minimize the significant
economic impact on small entities
consistent with the stated objectives of
applicable statutes, including a
statement of the factual, policy, and
legal reasons for selecting the alternative
adopted in the final rule and why each
one of the other significant alternatives
to the rule considered by the agency
which affect the impact on small
entities was rejected.
A description of this action, its
purpose, and its legal basis are included
at the beginning of the preamble to this
final rule and are not repeated here.
NMFS published the proposed rule on
December 3, 2019 (84 FR 66129). NMFS
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prepared an Initial Regulatory
Flexibility Analysis (IRFA) to
accompany the proposed action, and
included a summary in the proposed
rule. The comment period closed on
January 2, 2020. No comments were
received on the IRFA or on the
economic impacts of the rule more
generally. The Chief Counsel for
Advocacy of the Small Business
Administration did not file any
comments on the proposed rule.
The entities directly regulated by this
action are those that harvest groundfish
in the exclusive economic zone of the
BSAI and in parallel fisheries within
State waters. These include entities
operating catcher vessels and catcher/
processors 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)
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.
Using the most recent data available
(2018), the estimated number of directly
regulated small entities include
approximately 182 catcher vessels, three
catcher/processors, and six CDQ groups.
Some of these vessels are members of
AFA inshore pollock cooperatives, Gulf
of Alaska rockfish cooperatives, or BSAI
Crab Rationalization Program
cooperatives, and, since under the RFA
the aggregate gross receipts of all
participating members of the
cooperative must meet the ‘‘under $11
million’’ threshold, the cooperatives are
considered to be large entities within
the meaning of the RFA. Thus, the
estimate of 182 catcher vessels may be
an overstatement of the number of small
entities. Average gross revenues in 2018
were $520,000 for small hook-and-line
vessels, $1.2 million for small pot
vessels, and $2.6 million for small trawl
vessels. The average gross revenue for
catcher/processors are not reported, due
to confidentiality considerations.
This action does not modify
recordkeeping or reporting
requirements.
The significant alternatives were
those considered as alternative harvest
strategies when the Council selected its
preferred harvest strategy (Alternative 2)
in December 2006. These included the
following:
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• Alternative 1: Alternative 1 set TAC
to produce fishing mortality rates, F,
that are equal to maxFABC, unless the
sum of the TAC is constrained by the
OY established in the FMP. This is
equivalent to setting TAC to produce
harvest levels equal to the maximum
permissible ABC, as constrained by OY.
The term ‘‘maxFABC’’ refers to the
maximum permissible value of FABC
under Amendment 56 to the BSAI and
Gulf of Alaska groundfish fishery
management plans. Historically, the
TAC has been set at or below the ABC;
therefore, this alternative represents a
likely upper limit for setting the TAC
within the OY and ABC limits.
• Alternative 3: For species in Tiers 1,
2, and 3, Alternative 3 set TAC to
produce F equal to the most recent 5year average actual F. For species in
Tiers 4, 5, and 6, Alternative 3 set TAC
equal to the most recent 5-year average
actual catch. For stocks with a high
level of scientific information, TAC
would be set to produce harvest levels
equal to the most recent 5-year average
actual fishing mortality rates. For stocks
with insufficient scientific information,
TAC would be set equal to the most
recent 5-year average actual catch. This
alternative recognizes that for some
stocks, catches may fall well below
ABC, and recent average F may provide
a better indicator of actual F than FABC
does.
• Alternative 4: First, Alternative 4
set TAC for rockfish species in Tier 3 at
F75%; set TAC for rockfish species in
Tier 5 at F = 0.5M; and set spatially
explicit TAC for shortraker and
rougheye rockfish in the BSAI. Second,
taking the rockfish TAC as calculated
above, Alternative 4 would reduce all
other TAC by a proportion that does not
vary across species, so that the sum of
all TAC, including rockfish TAC, is
equal to the lower bound of the area OY
(1.4 million mt in the BSAI). This
alternative sets conservative and
spatially explicit TAC for rockfish
species that are long-lived and late to
mature, and sets conservative TAC for
the other groundfish species.
• Alternative 5: Alternative 5 (No
Action) set TAC at zero.
Alternative 2 is the preferred
alternative chosen by the Council.
Alternative 2 set TACs that fall within
the range of ABCs recommended
through the Council harvest
specifications process and TACs
recommended by the Council. Under
this scenario, F is set equal to a constant
fraction of maxFABC. The
recommended fractions of maxFABC
may vary among species or stocks, based
on other considerations unique to each.
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This is the method for determining
TACs that has been used in the past.
Alternatives 1, 3, 4, and 5 do not meet
the objectives of this action.
Alternatives 1 and 3 may have a smaller
adverse economic impact on small
entities than the preferred alternative,
but would be inconsistent with the
objectives of this action. Alternatives 4
and 5 likely would have a significant
adverse economic impact on small
entities. The Council rejected these
alternatives as harvest strategies in
2006, and the Secretary of Commerce
did so in 2007.
Alternative 1 would lead to TAC
limits whose sum exceeds the fishery
OY, which is set out in statute and the
FMP. As shown in Table 1 and Table 2,
the sum of ABCs in 2020 and 2021
would be 3,272,581 mt and 3,020,278
mt, respectively. Both of these are
substantially in excess of the fishery OY
for the BSAI. This result would be
inconsistent with the objectives of this
action, in that it would violate the
Consolidated Appropriations Act of
2004, Public Law 108–199, Division B,
Title VIII, section 803(c), the FMP, and
implementing regulations
(§ 679.20(a)(1)(i)(A)), which set a 2.0
million mt maximum harvest for BSAI
groundfish.
Alternative 3 selects harvest rates
based on the most recent 5 years’ worth
of harvest rates (for species in Tiers 1
through 3) or based on the most recent
5 years’ worth of harvests (for species in
Tiers 4 through 6). This alternative is
inconsistent with the objectives of this
action, as well as National Standard 2 of
the Magnuson-Stevens Act (16 U.S.C.
1851(a)(2)), because it does not take into
account the most recent biological
information for this fishery. 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
category for each year in the SAFE
report (see ADDRESSES).
Alternative 4 would lead to
significantly lower harvests of all
groundfish species and would reduce
TAC from the upper end of the OY
range in the BSAI to its lower end of 1.4
million mt. This result would lead to
significant reductions in harvests of
species by small entities. While
reductions of this size could be
associated with offsetting price
increases, the size of these increases is
uncertain, and, assuming volume
decreases would lead to price increases,
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it is unclear whether price increases
would be sufficient to offset the volume
decreases and to leave revenues
unchanged for small entities. Thus, this
alternative would have an adverse
economic impact on small entities,
compared to the preferred alternative.
Alternative 5, which sets all harvests
equal to zero, may address conservation
issues, but would have a significant
adverse economic impact on small
entities and would be inconsistent with
achieving OY on a continuing basis, as
mandated by the Magnuson-Stevens Act
(16 U.S.C. 1851(a)(1)).
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).
Pursuant to 5 U.S.C. 553(d)(3), the
Assistant Administrator for Fisheries,
NOAA, finds good cause to waive the
30-day delay in the date of effectiveness
for this rule because delaying this rule
is contrary to the public interest. The
Plan Team review of the 2019 SAFE
report occurred in November 2019, and
based on the 2019 SAFE report the
Council considered and recommended
the final harvest specifications in
December 2019. Accordingly, NMFS’s
review of the final 2020 and 2021
harvest specifications could not begin
until after the December 2019 Council
meeting, and after the public had time
to comment on the proposed action.
If this rule’s effectiveness is delayed,
fisheries that might otherwise remain
open under these rules may prematurely
close based on the lower TACs
established in the final 2019 and 2020
harvest specifications (84 FR 9000,
March 13, 2019). If implemented
immediately, this rule would allow
these fisheries to continue fishing,
because some of the new TACs
implemented by this rule are higher
than the TACs under which they are
currently fishing.
In addition, immediate effectiveness
of this action is required to provide
consistent management and
conservation of fishery resources based
on the best available scientific
information. This is particularly
pertinent for those species that have
lower 2020 ABCs and TACs than those
established in the 2019 and 2020
harvest specifications (84 FR 9000,
March 13, 2019). If implemented
immediately, this rule would ensure
that NMFS can properly manage those
fisheries for which this rule sets lower
2020 ABCs and TACs, which are based
on the most recent biological
information on the condition of stocks,
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13575
rather than managing species under the
higher TACs set in the previous year’s
harvest specifications.
Certain fisheries, such as those for
pollock and Pacific cod, are intensive,
fast-paced fisheries. Other fisheries,
such as those for flatfish, rockfish,
skates, sharks, and octopuses, are
critical as directed fisheries and as
incidental catch in other fisheries. U.S.
fishing vessels have demonstrated the
capacity to catch the TAC allocations in
these fisheries. Any delay in allocating
the final TAC limits in these fisheries
would cause confusion in the industry
and potential economic harm through
unnecessary discards, thus undermining
the intent of this rule. Predicting which
fisheries may close is difficult because
these fisheries are affected by several
factors that cannot be predicted in
advance, including fishing effort,
weather, movement of fishery stocks,
and market price. Furthermore, the
closure of one fishery has a cascading
effect on other fisheries, for example by
freeing up fishing vessels, which would
allow those vessels to move from closed
fisheries to open ones and lead to an
increase in the fishing capacity in those
open fisheries, thereby causing those
open fisheries to close at an accelerated
pace.
Additionally, in fisheries subject to
declining sideboard limits, delaying this
rule’s effectiveness could allow some
vessels to inadvertently reach or exceed
their new sideboard limits. Because
sideboard limits are intended to protect
traditional fisheries in other sectors,
allowing one sector to exceed its new
sideboard limits by delaying this rule’s
effectiveness would effectively reduce
the available catch for sectors that the
sideboard limits are meant to protect.
Moreover, the new TACs and sideboard
limits protect the fisheries from being
overfished. Thus, the delay is contrary
to the public interest in protecting
traditional fisheries and fish stocks.
If the final harvest specifications are
not effective by March 14, 2020, which
is the start of the 2020 Pacific halibut
season as specified by the IPHC, the
fixed gear sablefish fishery will not
begin concurrently with the Pacific
halibut IFQ season. Delayed
effectiveness of this action would result
in confusion for sablefish harvesters and
economic harm from unnecessary
discard of sablefish that are caught
along with Pacific halibut, as both fixed
gear sablefish and Pacific halibut are
managed under the same IFQ program.
Immediate effectiveness of the final
2020 and 2021 harvest specifications
will allow the sablefish IFQ fishery to
begin concurrently with the Pacific
halibut IFQ season.
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Finally, immediate effectiveness also
would provide the fishing industry the
earliest possible opportunity to plan and
conduct its fishing operations with
respect to new information about TAC
limits. Therefore, NMFS finds good
cause to waive the 30-day delay in the
date of effectiveness under 5 U.S.C.
553(d)(3).
Small Entity Compliance Guide
This final rule is a plain language
guide to assist small entities in
complying with this final rule as
required by the Small Business
Regulatory Enforcement Fairness Act of
1996. This final rule’s primary purpose
is to announce the final 2020 and 2021
harvest specifications and prohibited
species bycatch allowances for the
groundfish fisheries of the BSAI. This
action is necessary to establish harvest
limits and associated management
measures for groundfish during the 2020
and 2021 fishing years and to
accomplish the goals and objectives of
the FMP. This action directly affects all
fishermen who participate in the BSAI
fisheries. The specific amounts of OFL,
ABC, TAC, and PSC amounts are
provided in tables to assist the reader.
NMFS will announce closures of
directed fishing in the Federal Register
and information bulletins released by
the Alaska Region. Affected fishermen
should keep themselves informed of
such closures.
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: February 27, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020–04475 Filed 3–6–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 180831813–9170–02]
jbell on DSKJLSW7X2PROD with RULES
RTID 0648–XY079
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical
Area 630 in the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
VerDate Sep<11>2014
16:34 Mar 06, 2020
Jkt 250001
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; modification of
closure.
NMFS is opening directed
fishing for pollock in Statistical Area
630 of the Gulf of Alaska (GOA). This
action is necessary to fully use the A
season allowance of the 2020 total
allowable catch of pollock in Statistical
Area 630 of the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), March 9, 2020,
through 1200 hours, A.l.t., March 10,
2020. Comments must be received at the
following address no later than 4:30
p.m., A.l.t., March 23, 2020.
ADDRESSES: You may submit comments
on this document, identified by FDMS
Docket Number NOAA–NMFS–2019–
0102 by any of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
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: Address written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Ellen Sebastian. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. 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, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
SUMMARY:
PO 00000
Frm 00102
Fmt 4700
Sfmt 4700
The A season allowance of the 2020
total allowable catch (TAC) of pollock in
Statistical Area 630 of the GOA is 5,783
metric tons (mt) as established by the
final 2019 and 2020 harvest
specifications for groundfish in the GOA
(84 FR 9416, March 14, 2019) and
inseason adjustment (84 FR 70436,
December 23, 2019).
NMFS closed directed fishing for
pollock in Statistical Area 630 of the
GOA under § 679.20(d)(1)(iii) on
February 23, 2020 (85 FR 10994,
February 26, 2020).
As of March 2, 2020, NMFS has
determined that approximately 3,000 mt
of pollock remain in the A season
allowance for pollock in Statistical Area
630 of the GOA. Therefore, in
accordance with § 679.25(a)(1)(i),
(a)(2)(i)(C), and (a)(2)(iii)(D), and to fully
utilize the A season allowance of the
2020 TAC of pollock in Statistical Area
630 of the GOA, NMFS is terminating
the previous closure and is reopening
directed fishing for pollock in Statistical
Area 630 of the GOA, effective 1200
hours, A.l.t., March 9, 2020.
The Administrator, Alaska Region
(Regional Administrator) considered the
following factors in reaching this
decision: (1) The catch of pollock in
Statistical Area 630 of the GOA and, (2)
the harvest capacity and stated intent on
future harvesting patterns of vessels in
participating in this fishery.
Classification
This action responds to the best
available information recently obtained
from the fishery. The Assistant
Administrator for Fisheries, NOAA
(AA), finds good cause to waive the
requirement to provide prior notice and
opportunity for public comment
pursuant to the authority set forth at 5
U.S.C. 553(b)(B) as such requirement is
impracticable and contrary to the public
interest. This requirement is
impracticable and contrary to the public
interest as it would prevent NMFS from
responding to the most recent fisheries
data in a timely fashion and would
delay the opening of directed fishing for
pollock in Statistical Area 630 of the
GOA. NMFS was unable to publish a
notice providing time for public
comment because the most recent,
relevant data only became available as
of March 2, 2020.
The AA also finds good cause to
waive the 30-day delay in the effective
date of this action under 5 U.S.C.
553(d)(3). This finding is based upon
the reasons provided above for waiver of
prior notice and opportunity for public
comment.
Without this inseason adjustment,
NMFS could not allow the fishery for
E:\FR\FM\09MRR1.SGM
09MRR1
]]>Agencies
[Federal Register Volume 85, Number 46 (Monday, March 9, 2020)]
[Rules and Regulations]
[Pages 13553-13576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04475]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 200227-0066]
RIN 0648-XH080
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; Final 2020 and 2021 Harvest Specifications for
Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; harvest specifications and closures.
-----------------------------------------------------------------------
SUMMARY: NMFS announces final 2020 and 2021 harvest specifications,
apportionments, and prohibited species catch allowances for the
groundfish fishery of the Bering Sea and Aleutian Islands management
area (BSAI). This action is necessary to establish harvest limits for
groundfish during the remainder of the 2020 and the start of the 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 (Magnuson-Stevens Act).
DATES: Harvest specifications and closures are effective from 1200
hours, Alaska local time (A.l.t.), March 9, 2020, through 2400 hours,
A.l.t., December 31, 2021.
ADDRESSES: Electronic copies of the Alaska Groundfish Harvest
Specifications Final Environmental Impact Statement (EIS), Record of
Decision (ROD), 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.fisheries.noaa.gov/region/alaska. The 2019 Stock Assessment and
Fishery Evaluation (SAFE) report for the groundfish resources of the
BSAI, dated November 2019, as well as the SAFE reports for previous
years, are available from the North Pacific Fishery Management Council
(Council) at 1007 West 3rd Ave, Suite #400, Anchorage, AK 99501, phone
907-271-2809, or from the Council's website at https://www.npfmc.org/.
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 Magnuson-
Stevens Act. General regulations governing U.S. fisheries also appear
at 50 CFR part 600.
The FMP and its implementing regulations require NMFS, after
consultation with the Council, to specify annually the total allowable
catch (TAC) for each target species category. The sum of all TAC 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 Sec.
679.20(a)(1)(i)(A)). This final rule specifies the total TAC at 2.0
million mt for both 2020 and 2021. NMFS also must specify
apportionments of TAC, prohibited species catch (PSC) allowances, and
prohibited species quota (PSQ) reserves established by Sec. 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 Sec.
679.20(b)(1)(ii); and acceptable biological catch (ABC) surpluses and
reserves for CDQ groups and the Amendment 80 cooperative for flathead
sole, rock sole, and yellowfin sole. The final harvest specifications
set forth in Tables 1 through 22 of this action satisfy these
requirements.
Section 679.20(c)(3)(i) further requires that NMFS consider public
comment on the proposed harvest specifications and,
[[Page 13554]]
after consultation with the Council, publish final harvest
specifications in the Federal Register. The proposed 2020 and 2021
harvest specifications for the groundfish fishery of the BSAI were
published in the Federal Register on December 3, 2019 (84 FR 66129).
Comments were invited and accepted through January 2, 2020. As
discussed in the Response to Comments section below, NMFS received one
comment letter during the public comment period for the proposed BSAI
groundfish harvest specifications. No changes were made to the final
rule in response to the comment letter received.
NMFS consulted with the Council on the final 2020 and 2021 harvest
specifications during the December 2019 Council meeting in Anchorage,
AK. After considering public comments, as well as biological and
socioeconomic data that were available at the Council's December
meeting, NMFS implements in this final rule the final 2020 and 2021
harvest specifications as recommended by the Council.
ABC and TAC Harvest Specifications
The final ABC amounts for Alaska groundfish 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. In
general, the development of ABCs and overfishing levels (OFLs) involves
sophisticated statistical analyses of fish populations. The FMP
specifies a series of six tiers to define OFL and ABC amounts based on
the level of reliable information available to fishery scientists. Tier
1 represents the highest level of information quality available, while
Tier 6 represents the lowest.
In December 2019, the Council, its Scientific and Statistical
Committee (SSC), and its Advisory Panel (AP) reviewed current
biological and harvest information about the condition of the BSAI
groundfish stocks. The Council's BSAI Groundfish Plan Team (Plan Team)
compiled and presented this information in the 2019 SAFE report for the
BSAI groundfish fisheries, dated November 2019 (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 BSAI ecosystem
and the economic condition of groundfish fisheries off Alaska. NMFS
notified the public of the comment period for these harvest
specifications--and of the publication of the 2019 SAFE report--in the
notice of proposed harvest specifications. From the data and analyses
in the SAFE report, the Plan Team recommended an OFL and ABC for each
species or species group at the November 2019 Plan Team meeting.
In December 2019, the SSC, AP, and Council reviewed the Plan Team's
recommendations. The final TAC recommendations were based on the ABCs
as adjusted for other biological and socioeconomic considerations,
including maintaining the sum of all the TACs within the required OY
range of 1.4 million to 2.0 million mt. As required by annual catch
limit rules for all fisheries (74 FR 3178, January 16, 2009), none of
the Council's recommended 2020 or 2021 TACs exceed the final 2020 or
2021 ABCs for any species or species group. NMFS finds that the
Council's recommended OFLs, ABCs, and TACs are consistent with the
preferred harvest strategy and the biological condition of groundfish
stocks as described in the 2019 SAFE report that was approved by the
Council. Therefore, this final rule provides notice that the Secretary
of Commerce approves the final 2020 and 2021 harvest specifications as
recommended by the Council.
The 2020 harvest specifications set in this final action will
supersede the 2020 harvest specifications previously set in the final
2019 and 2020 harvest specifications (84 FR 9000, March 13, 2019). The
2021 harvest specifications herein will be superseded in early 2021
when the final 2021 and 2022 harvest specifications are published.
Pursuant to this final action, the 2020 harvest specifications
therefore will apply for the remainder of the current year (2020),
while the 2021 harvest specifications are projected only for the
following year (2021) and will be superseded in early 2021 by the final
2021 and 2022 harvest specifications. Because this final action
(published in early 2020) will be superseded in early 2021 by the
publication of the final 2021 and 2022 harvest specifications, it is
projected that this final action will implement the harvest
specifications for the BSAI for approximately one year.
Other Actions 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 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
rulemaking would prohibit directed fishing for sculpins, maintain
recordkeeping and reporting requirements, and establish a sculpin
maximum retainable amount at 20 percent when directed fishing for
groundfish species to discourage sculpin 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 rule to reclassify sculpins as an ecosystem component
species in 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 BSAI
groundfish harvest specifications.
Final Rulemaking To Prohibit Directed Fishing for American Fisheries
Act (AFA) Program Sideboard Limits
On February 8, 2019, NMFS published a final rule (84 FR 2723) that
modified regulations for the AFA Program participants subject to limits
on the catch of specific species (sideboard limits) in the BSAI.
Sideboard limits are intended to prevent AFA Program 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, rather than prohibiting directed fishing through
the annual BSAI harvest specifications. Since the final rule is now
effective, NMFS is no longer publishing in the annual BSAI harvest
specifications the AFA 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 from directed fishing in regulation (Sec.
679.20(d)(1)(iv)(D) and Tables 54, 55, and 56 to 50 CFR part 679). NMFS
will continue to publish in the annual BSAI harvest specifications the
AFA Program sideboard limit amounts for groundfish species or species
groups that were not subject to the final rule (see Tables 20-22 of
this action).
[[Page 13555]]
State of Alaska Guideline Harvest Levels
For 2020 and 2021, the Board of Fisheries (BOF) for the State of
Alaska (State) established the guideline harvest level (GHL) for
vessels using pot gear in State waters in the Bering Sea subarea (BS)
equal to 9 percent of the Pacific cod ABC in the BS. The State's pot
gear BS GHL will increase one percent annually up to 15 percent of the
BS ABC, if 90 percent of the GHL is harvested by November 15 of the
preceding year. If 90 percent of the 2020 BS GHL is not harvested by
November 15, 2020, then the 2021 BS GHL will remain at the same percent
as the 2020 BS GHL. If 90 percent of the 2020 BS GHL is harvested by
November 15, 2020, then the 2021 BS GHL will increase by one percent
and the 2021 BS TAC will be set to account for the increased BS GHL.
Also, for 2020 and 2021, the BOF established an additional GHL for
vessels using jig gear in State waters in the BS equal to 45 mt of
Pacific cod in the BS. The Council and its Plan Team, SSC, and AP
recommended that the sum of all State and Federal water Pacific cod
removals from the BS not exceed the ABC recommendations for Pacific cod
in the BS. Accordingly, the Council recommended, and NMFS approves,
that the 2020 and 2021 Pacific cod TACs in the BS account for the
State's GHLs for Pacific cod caught in State waters in the BS.
For 2020 and 2021, the BOF for the State established the GHL in
State waters in the Aleutian Islands subarea (AI) equal to 35 percent
of the 2020 AI ABC or 7,210 mt. The AI GHL will increase annually by 4
percent of the AI ABC, if 90 percent of the GHL is harvested by
November 15 of the preceding year, but may not exceed 39 percent of the
AI ABC or 15 million pounds (6,804 mt). For 2020, 35 percent of the AI
ABC is 7,210 mt, which exceeds the AI GHL limit of 6,804 mt. The
Council and its Plan Team, SSC, and AP recommended that the sum of all
State and Federal water Pacific cod removals from the AI not exceed the
ABC recommendations for Pacific cod in the AI. Accordingly, the Council
recommended, and NMFS approves, that the 2020 and 2021 Pacific cod TACs
in the AI account for the State's GHL of 6,804 mt for Pacific cod
caught in State waters in the AI.
Changes From the Proposed 2020 and 2021 Harvest Specifications for the
BSAI
The Council's recommendations for the proposed 2020 and 2021
harvest specifications (84 FR 66129, December 3, 2019) were based
largely on information contained in the 2018 SAFE report for the BSAI
groundfish fisheries. Through the proposed harvest specifications, NMFS
notified the public that these harvest specifications could change, as
the Council would consider information contained in the 2019 SAFE
report; recommendations from the Plan Team, SSC, and AP committees; and
public comments when making its recommendations for final harvest
specifications at the December 2019 Council meeting. NMFS further
notified the public that, as required by the FMP and its implementing
regulations, the sum of the TACs must be within the OY range of 1.4
million and 2.0 million mt.
Information contained in the 2019 SAFE report indicates biomass
changes from the 2018 SAFE report for several groundfish species. The
2019 report was made available for public review during the public
comment period for the proposed harvest specifications. At the December
2019 Council meeting, the SSC recommended the 2020 and 2021 ABCs based
on the best and most recent information contained in the 2019 SAFE
report. The SSC recommended slight model adjustments for Eastern Bering
Sea pollock and BS Pacific cod, but accepted Plan Team recommendations
for all other species, except for sablefish. The SSC's recommendation
resulted in an ABC sum total for all BSAI groundfish species in excess
of 2.0 million mt for both 2020 and 2021.
For sablefish, as discussed in the proposed 2020 and 2021 harvest
specifications (84 FR 66129, December 3, 2019) the SSC considered the
appropriateness of continuing to specify sablefish OFLs at the separate
Bering Sea, Aleutian Islands, and Gulf of Alaska (GOA) management area
levels. The SSC reviewed the information available regarding area
apportionment of the OFL, and decided that the best scientific
information available regarding stock structure for sablefish supports
an Alaska-wide OFL specification. Therefore, based on biological
considerations, the SSC recommended specification of a single Alaska-
wide sablefish OFL, which includes the Bering Sea, Aleutian Islands,
and the GOA. Also, the SSC agreed with the Plan Team that a substantial
reduction in the 2020 and 2021 ABCs from the maximum permissible ABCs
were warranted. However, the SSC revised the Plan Team's recommendation
for the sablefish ABCs by revising the method and amount of the
reduction of the sablefish ABCs from the maximum permissible ABCs.
Based on increased fishing effort in 2019, the Council recommends
final BS pollock TACs increase by 4,176 mt in 2020 and 29,176 mt in
2021 compared to the proposed 2020 and 2021 BS pollock TACs. In terms
of percentage, the largest increases in final 2020 TACs relative to the
proposed 2020 TACs include BS ``other rockfish'' and BSAI northern
rockfish. The increases account for anticipated higher incidental
catches of these species, based on increased incidental catches in
2019. Other increases in the final 2020 TACs relative to the proposed
2020 TACs include BS Pacific cod, Aleutian Islands (AI) Pacific cod, AI
Greenland turbot, BSAI arrowtooth flounder, BSAI Kamchatka flounder,
BSAI flathead sole, Bering Sea and Eastern Aleutian Islands (BS/EAI)
blackspotted/rougheye rockfish, Central Aleutian and Western Aleutian
(CAI/WAI) blackspotted/rougheye rockfish, BSAI shortraker rockfish,
Eastern Aleutian Islands and Bering Sea (EAI/BS) Atka mackerel, Western
Aleutian Islands (WAI) Atka mackerel, Central Aleutian Islands (CAI)
Atka mackerel, BSAI sculpins, and BSAI sharks. The 2020 increases
account for higher interest in directed fishing or higher anticipated
incidental catch needs.
Decreases in final 2020 TACs compared to the proposed 2020 TACs
include AI sablefish, BS sablefish, BS Pacific ocean perch, CAI Pacific
ocean perch, Eastern Aleutian Islands (EAI) Pacific ocean perch, BSAI
yellowfin sole, BSAI rock sole, BSAI Alaska plaice, BSAI ``other
flatfish,'' BSAI octopuses, and BSAI skates. The decreases are for
anticipated lower incidental catch needs of these species relative to
2019. The changes to TACs between the proposed and final harvest
specifications are based on the most recent scientific and economic
information and are consistent with the FMP, regulatory obligations,
and harvest strategy as described in the proposed harvest
specifications, including the upper limit for OY of 2.0 million mt.
These changes are compared in Table 1A.
Table 1 lists the Council's recommended final 2020 OFL, ABC, TAC,
initial TAC (ITAC), and CDQ reserve allocations of the BSAI groundfish
species or species groups; and Table 2 lists the Council's recommended
final 2021 OFL, ABC, TAC, ITAC, and CDQ reserve allocations of the BSAI
groundfish species or species groups. NMFS concurs in these
recommendations. These final 2020 and 2021 TAC amounts for the BSAI are
within the OY range established for the BSAI and do not exceed the ABC
for any species or species group. The apportionment of TAC amounts
among
[[Page 13556]]
fisheries and seasons is discussed below.
Table 1--Final 2020 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and CDQ Reserve
Allocation of Groundfish in the BSAI \1\
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2020
Species Area -------------------------------------------------------------------------------
OFL ABC TAC ITAC \2\ CDQ \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \4\............................. BS............................ 4,085,000 2,043,000 1,425,000 1,282,500 142,500
AI............................ 66,973 55,120 19,000 17,100 1,900
Bogoslof...................... 183,080 137,310 75 75 -
Pacific cod \5\......................... BS............................ 191,386 155,873 141,799 126,627 15,172
AI............................ 27,400 20,600 13,796 12,320 1,476
Sablefish \6\........................... Alaska........................ 50,481 n/a n/a n/a n/a
BS............................ n/a 2,174 1,861 1,535 256
AI............................ n/a 2,952 2,039 1,657 344
Yellowfin sole.......................... BSAI.......................... 287,307 260,918 150,700 134,575 16,125
Greenland turbot........................ BSAI.......................... 11,319 9,625 5,300 4,505 n/a
BS............................ n/a 8,403 5,125 4,356 548
AI............................ n/a 1,222 175 149 -
Arrowtooth flounder..................... BSAI.......................... 84,057 71,618 10,000 8,500 1,070
Kamchatka flounder...................... BSAI.......................... 11,495 9,708 6,800 5,780 -
Rock sole \7\........................... BSAI.......................... 157,300 153,300 47,100 42,060 5,040
Flathead sole \8\....................... BSAI.......................... 82,810 68,134 19,500 17,414 2,087
Alaska plaice........................... BSAI.......................... 37,600 31,600 17,000 14,450 -
Other flatfish \9\...................... BSAI.......................... 21,824 16,368 4,000 3,400 -
Pacific ocean perch..................... BSAI.......................... 58,956 48,846 42,875 37,678 n/a
BS............................ n/a 14,168 14,168 12,043 -
EAI........................... n/a 11,063 10,613 9,477 1,136
CAI........................... n/a 8,144 8,094 7,228 866
WAI........................... n/a 15,471 10,000 8,930 1,070
Northern rockfish....................... BSAI.......................... 19,751 16,243 10,000 8,500 -
Blackspotted/Rougheye rockfish \10\..... BSAI.......................... 861 708 349 297 -
BS/EAI........................ n/a 444 85 72 -
CAI/WAI....................... n/a 264 264 224 -
Shortraker rockfish..................... BSAI.......................... 722 541 375 319 -
Other rockfish \11\..................... BSAI.......................... 1,793 1,344 1,088 925 -
BS............................ n/a 956 700 595 -
AI............................ n/a 388 388 330 -
Atka mackerel........................... BSAI.......................... 81,200 70,100 59,305 52,959 6,346
BS/EAI........................ n/a 24,535 24,535 21,910 2,625
CAI........................... n/a 14,721 14,721 13,146 1,575
WAI........................... n/a 30,844 20,049 17,904 2,145
Skates.................................. BSAI.......................... 49,792 41,543 16,313 13,866 ..............
Sculpins................................ BSAI.......................... 67,817 50,863 5,300 4,505 ..............
Sharks.................................. BSAI.......................... 689 517 150 128 ..............
Octopuses............................... BSAI.......................... 4,769 3,576 275 234 ..............
-------------------------------------------------------------------------------
Total............................... .............................. 5,584,382 3,272,581 2,000,000 1,791,907 195,935
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these
harvest specifications, the Bering Sea subarea (BS) includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species (Atka mackerel, yellowfin
sole, rock sole, flathead sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of each TAC is put into a non-specified reserve.
The ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species, ITAC is the non-
CDQ allocation of TAC (see footnotes 3 and 4).
\3\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7
percent of the TAC is reserved for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC
allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea
Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see Sec. 679.20(b)(1)(ii)(B) and (D)). Aleutian Islands Greenland
turbot, ``other flatfish,'' Alaska plaice, Bering Sea Pacific ocean perch, northern rockfish, shortraker rockfish, blackspotted/rougheye rockfish,
``other rockfish,'' skates, sculpins, sharks, and octopuses are not allocated to the CDQ program.
\4\ Under Sec. 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
for the incidental catch allowance (3.7 percent), is further allocated by sector for a pollock directed fishery as follows: inshore--50 percent;
catcher/processor--40 percent; and motherships--10 percent. Under Sec. 679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first
for the CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,400 mt), is allocated to the Aleut Corporation
for a pollock directed fishery.
\5\ The BS Pacific cod TAC is set to account for the 9 percent, plus 45 mt, of the BS ABC for the State of Alaska's (State) guideline harvest level in
State waters of the BS. The AI Pacific cod TAC is set to account for 35 percent of the AI ABC for the State guideline harvest level in State waters of
the AI, except 35 percent of the AI ABC exceeds the State guideline harvest level of 15 million pounds (6,804 mt), in which case the TAC is set to
account for the State guideline harvest level of 6,804 mt.
\6\ The sablefish OFL is Alaska-wide and includes the Gulf of Alaska.
\7\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
\8\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
\9\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole,
Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
[[Page 13557]]
\10\ ``Blackspotted/Rougheye rockfish'' includes Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
\11\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish, blackspotted/
rougheye rockfish, and shortraker rockfish.
Note: Regulatory areas and districts are defined at Sec. 679.2 (BSAI=Bering Sea and Aleutian Islands management area, BS=Bering Sea subarea,
AI=Aleutian Islands subarea, EAI=Eastern Aleutian district, CAI=Central Aleutian district, WAI=Western Aleutian district).
Table 1A--Comparison of Final 2020 and 2021 With Proposed 2020 and 2021 Total Allowable Catch in the BSAI
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2020 2021
2020 2020 percentage 2021 2021 percentage
Species Area 1 2020 final proposed difference difference 2021 final proposed difference difference
TAC TAC from from TAC TAC from from
proposed proposed proposed proposed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock........................ BS............. 1,425,000 1,420,824 4,176 0.3 1,450,000 1,420,824 29,176 2.1
AI............. 19,000 19,000 ........... ........... 19,000 19,000
Bogoslof....... 75 75 ........... ........... 75 75
Pacific cod.................... BS............. 141,799 124,625 17,174 13.8 92,633 124,625 (31,992) (25.7)
AI............. 13,796 13,390 406 3.0 13,796 13,390 406 3.0
Sablefish...................... BS............. 1,861 1,994 (133) (6.7) 2,865 1,994 871 43.7
AI............. 2,039 2,688 (649) (24.1) 2,500 2,688 (188) (7.0)
Yellowfin sole................. BSAI........... 150,700 166,425 (15,725) (9.4) 168,900 166,425 2,475 1.5
Greenland turbot............... BS............. 5,125 5,125 ........... ........... 5,125 5,125
AI............. 175 169 6 3.6 251 169 82 48.5
Arrowtooth flounder............ BSAI........... 10,000 8,000 2,000 25.0 10,000 8,000 2,000 25.0
Kamchatka flounder............. BSAI........... 6,800 5,000 1,800 36.0 7,000 5,000 2,000 40.0
Rock sole...................... BSAI........... 47,100 57,100 (10,000) (17.5) 49,000 57,100 (8,100) (14.2)
Flathead sole.................. BSAI........... 19,500 14,500 5,000 34.5 24,000 14,500 9,500 65.5
Alaska plaice.................. BSAI........... 17,000 18,000 (1,000) (5.6) 20,000 18,000 2,000 11.1
Other flatfish................. BSAI........... 4,000 6,500 (2,500) (38.5) 5,000 6,500 (1,500) (23.1)
Pacific ocean perch............ BS............. 14,168 14,274 (106) (0.7) 13,600 14,274 (674) (4.7)
EAI............ 10,613 11,146 (533) (4.8) 10,619 11,146 (527) (4.7)
CAI............ 8,094 8,205 (111) (1.4) 7,817 8,205 (388) (4.7)
WAI............ 10,000 10,000 ........... ........... 10,000 10,000 ........... ...........
Northern rockfish.............. BSAI........... 10,000 6,500 3,500 53.8 10,000 6,500 3,500 53.8
Blackspotted and Rougheye BS/EAI......... 85 75 10 13.3 85 75 10 13.3
rockfish.
CAI/WAI........ 264 204 60 29.4 339 204 135 66.2
Shortraker rockfish............ BSAI........... 375 358 17 4.7 375 358 17 4.7
Other rockfish................. BS............. 700 275 425 154.5 700 275 425 154.5
AI............. 388 388 ........... ........... 388 388 ........... ...........
Atka mackerel.................. EAI/BS......... 24,535 22,190 2,345 10.6 22,540 22,190 350 1.6
CAI............ 14,721 13,310 1,411 10.6 13,524 13,310 214 1.6
WAI............ 20,049 18,135 1,914 10.6 18,418 18,135 283 1.6
Skates......................... BSAI........... 16,313 26,000 (9,687) (37.3) 16,000 26,000 (10,000) (38.5)
Sculpins....................... BSAI........... 5,300 5,000 300 6.0 5,000 5,000 ........... ...........
Sharks......................... BSAI........... 150 125 25 20.0 150 125 25 20.0
Octopuses...................... BSAI........... 275 400 (125) (31.3) 300 400 (100) (25.0)
-------------------------------------------------------------------------------------------------------
Total...................... BSAI........... 2,000,000 2,000,000 ........... ........... 2,000,000 2,000,000 ........... ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 Bering Sea subarea (BS), Aleutian Islands subarea (AI), Bering Sea and Aleutian Islands management area (BSAI), Eastern Aleutian District (EAI),
Central Aleutian District (CAI), and Western Aleutian District (WAI).
Table 2--Final 2021 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), and CDQ Reserve
Allocation of Groundfish in the BSAI 1
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2021
Species Area -------------------------------------------------------------------------------
OFL ABC TAC ITAC 2 CDQ 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock 4............................... BS............................ 3,385,000 1,767,000 1,450,000 1,305,000 145,000
AI............................ 70,970 58,384 19,000 17,100 1,900
Bogoslof...................... 183,080 137,310 75 75 ..............
Pacific cod 5........................... BS............................ 125,734 102,975 92,633 82,721 9,912
AI............................ 27,400 20,600 13,796 12,320 1,476
Sablefish 6............................. Alaska wide................... 64,765 n/a n/a n/a n/a
BS............................ n/a 2,865 2,865 1,218 107
AI............................ n/a 3,891 2,500 531 47
Yellowfin sole.......................... BSAI.......................... 287,943 261,497 168,900 150,828 18,072
Greenland turbot........................ BSAI.......................... 10,006 8,510 5,376 4,570 n/a
BS............................ n/a 7,429 5,125 4,356 548
AI............................ n/a 1,081 251 213 ..............
Arrowtooth flounder..................... BSAI.......................... 86,647 73,804 10,000 8,500 1,070
Kamchatka flounder...................... BSAI.......................... 11,472 9,688 7,000 5,950 ..............
Rock sole 7............................. BSAI.......................... 236,800 230,700 49,000 43,757 5,243
Flathead sole 8......................... BSAI.......................... 86,432 71,079 24,000 21,432 2,568
Alaska plaice........................... BSAI.......................... 36,500 30,700 20,000 17,000 ..............
Other flatfish 9........................ BSAI.......................... 21,824 16,368 5,000 4,250 ..............
[[Page 13558]]
Pacific ocean perch..................... BSAI.......................... 56,589 46,885 42,036 36,953 n/a
BS............................ n/a 13,600 13,600 11,560 ..............
EAI........................... n/a 10,619 10,619 9,483 1,136
CAI........................... n/a 7,817 7,817 6,981 836
WAI........................... n/a 14,849 10,000 8,930 1,070
Northern rockfish....................... BSAI.......................... 19,070 15,683 10,000 8,500 ..............
Blackspotted/Rougheye rockfish 10....... BSAI.......................... 1,090 899 424 360 ..............
BS/EAI........................ n/a 560 85 72 ..............
CAI/WAI....................... n/a 339 339 288 ..............
Shortraker rockfish..................... BSAI.......................... 722 541 375 319 ..............
Other rockfish 11....................... BSAI.......................... 1,793 1,344 1,088 925 ..............
BS............................ n/a 956 700 595 ..............
AI............................ n/a 339 388 330 ..............
Atka mackerel........................... BSAI.......................... 74,800 64,400 54,482 48,652 5,830
EAI/BS........................ n/a 22,540 22,540 20,128 2,412
CAI........................... n/a 13,524 13,524 12,077 1,447
WAI........................... n/a 28,336 18,418 16,447 1,971
Skates.................................. BSAI.......................... 48,289 40,248 16,000 13,600 ..............
Sculpins................................ BSAI.......................... 67,817 50,863 5,000 4,250 ..............
Sharks.................................. BSAI.......................... 689 517 150 128 ..............
Octopuses............................... BSAI.......................... 4,769 3,576 300 255 ..............
-------------------------------------------------------------------------------
Total............................... .............................. 4,910,201 3,020,278 2,000,000 1,789,193 194,816
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these harvest
specifications, the Bering Sea subarea (BS) includes the Bogoslof District.
2 Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species (Atka mackerel, flathead sole,
rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 15 percent of each TAC is put into a non-specified reserve. The
ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species, ITAC is the non-CDQ
allocation of TAC (see footnotes 3 and 4).
3 For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and Aleutian Islands Pacific ocean perch), 10.7
percent of the TAC is reserved for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC
allocated to hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for Bering Sea
Greenland turbot and arrowtooth flounder are reserved for use by CDQ participants (see Sec. 679.20(b)(1)(ii)(B) and (D)). The 2021 hook-and-line or
pot gear portion of the sablefish ITAC and CDQ reserve will not be specified until the final 2021 and 2022 harvest specifications. Aleutian Islands
Greenland turbot, ``other flatfish,'' Alaska plaice, Bering Sea Pacific ocean perch, northern rockfish, shortraker rockfish, blackspotted/rougheye
rockfish, ``other rockfish,'' skates, sculpins, sharks, and octopuses are not allocated to the CDQ program.
4 Under Sec. 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second for
the incidental catch allowance (3.7 percent), is further allocated by sector for a pollock directed fishery as follows: inshore--50 percent; catcher/
processor--40 percent; and motherships--10 percent. Under Sec. 679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first for the
CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,400 mt), is allocated to the Aleut Corporation for a
pollock directed fishery.
5 Assuming an increase in the 2021 guideline harvest level based on the actual 2020 harvest, the 2021 BS Pacific cod TAC is set to account for the 10
percent, plus 45 mt, of the BS ABC for the State of Alaska's (State) guideline harvest level in State waters of the BS. The 2021 AI Pacific cod TAC is
set to account for 35 percent of the AI ABC for the State guideline harvest level in State waters of the AI, except 35 percent of the AI ABC exceeds
the State guideline harvest level of 15 million pounds (6,804 mt), in which case the TAC is set to account for the State guideline harvest level of
6,804 mt.
6 The sablefish OFL is Alaska-wide and includes the Gulf of Alaska.
7 ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole) and Lepidopsetta bilineata (Southern rock sole).
8 ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and Hippoglossoides robustus (Bering flounder).
9 ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole,
Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
10 ``Blackspotted/Rougheye rockfish'' includes Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
11 ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish, blackspotted/
rougheye rockfish, and shortraker rockfish.
Note: Regulatory areas and districts are defined at Sec. 679.2 (BSAI=Bering Sea and Aleutian Islands management area, BS=Bering Sea subarea,
AI=Aleutian Islands subarea, EAI=Eastern Aleutian district, CAI=Central Aleutian district, WAI=Western Aleutian district).
Groundfish Reserves and the Incidental Catch Allowance (ICA) for
Pollock, Atka Mackerel, Flathead Sole, Rock Sole, Yellowfin Sole, and
Aleutian Islands Pacific Ocean Perch
Section 679.20(b)(1)(i) requires that NMFS reserves 15 percent of
the TAC for each target species (except for pollock, hook-and-line and
pot gear allocation of sablefish, and Amendment 80 species) in a non-
specified reserve. Section 679.20(b)(1)(ii)(B) requires that NMFS
allocate 20 percent of the hook-and-line or pot gear allocation of
sablefish for the fixed-gear sablefish CDQ reserve for each subarea.
Section 679.20(b)(1)(ii)(D) requires that NMFS allocate 7.5 percent of
the trawl gear allocations of sablefish in the BS and AI and 10.7
percent of the Bering Sea Greenland turbot and arrowtooth flounder TACs
to the respective CDQ reserves. Section 679.20(b)(1)(ii)(C) requires
that NMFS allocate 10.7 percent of the TACs for Atka mackerel, Aleutian
Islands Pacific ocean perch, yellowfin sole, rock sole, flathead sole,
and Pacific cod to the respective CDQ reserves. Sections
679.20(a)(5)(i)(A) and 679.31(a) also require that 10 percent of the
Bering Sea pollock TAC be allocated to the pollock CDQ directed fishing
[[Page 13559]]
allowance (DFA). Sections 679.20(a)(5)(iii)(B)(2)(i) and 679.31(a)
require that 10 percent of the Aleutian Islands pollock TAC be
allocated to the pollock CDQ DFA. The entire Bogoslof District pollock
TAC is allocated as an ICA pursuant to Sec. 679.20(a)(5)(ii) because
the Bogoslof District is closed to directed fishing for pollock by
regulation (Sec. 679.22(a)(7)(B)). With the exception of the hook-and-
line or pot gear sablefish CDQ reserve, the regulations do not further
apportion the CDQ allocations by gear.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS allocates a pollock
ICA of 3.7 percent of the BS pollock TAC after subtracting the 10
percent CDQ DFA. This allowance is based on NMFS's examination of the
pollock incidental catch, including the incidental catch by CDQ
vessels, in target fisheries other than pollock from 2000 through 2019.
During this 20-year period, the pollock incidental catch ranged from a
low of 2.2 percent in 2006 to a high of 4.6 percent in 2014, with a 20-
year average of 3 percent. Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i)
and (ii), NMFS establishes a pollock ICA of 2,400 mt of the AI pollock
TAC after subtracting the 10 percent CDQ DFA. This allowance is based
on NMFS's examination of the pollock incidental catch, including the
incidental catch by CDQ vessels, in target fisheries other than pollock
from 2003 through 2019. During this 17-year period, the incidental
catch of pollock ranged from a low of 5 percent in 2006 to a high of 17
percent in 2014, with a 17-year average of 9 percent.
Pursuant to Sec. 679.20(a)(8) and (10), NMFS allocates ICAs of
3,000 mt of flathead sole, 6,000 mt of rock sole, 4,000 mt of yellowfin
sole, 10 mt of WAI Pacific ocean perch, 60 mt of CAI Pacific ocean
perch, 100 mt of EAI Pacific ocean perch, 20 mt of WAI Atka mackerel,
75 mt of CAI Atka mackerel, and 800 mt of EAI and BS Atka mackerel TAC
after subtracting the 10.7 percent CDQ reserve. These ICA allowances
are based on NMFS's examination of the incidental catch in other target
fisheries from 2003 through 2019.
The regulations do not designate the remainder of the non-specified
reserve by species or species group. Any amount of the reserve may be
apportioned to a target species that contributed to the non-specified
reserves during the year, provided that such apportionments are
consistent with Sec. 679.20(a)(3) and do not result in overfishing
(see Sec. 679.20(b)(1)(i)). The Regional Administrator has determined
that the ITACs specified for the species listed in Table 1 need to be
supplemented from the non-specified reserve because U.S. fishing
vessels have demonstrated the capacity to catch the full TAC
allocations. Therefore, in accordance with Sec. 679.20(b)(3), NMFS is
apportioning the amounts shown in Table 3 from the non-specified
reserve to increase the ITAC for AI ``other rockfish'' by 15 percent of
the ``other rockfish'' TAC in 2020 and 2021.
Table 3--Final 2020 and 2021 Apportionment of Non-Specified Reserves to ITAC Categories
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2020 Reserve 2021 Reserve
Species-area or subarea 2020 ITAC amount 2020 Final TAC 2021 ITAC amount 2021 Final TAC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other rockfish-Aleutian Islands subarea................. 330 58 388 330 58 388
-----------------------------------------------------------------------------------------------
Total............................................... 330 58 388 330 58 388
--------------------------------------------------------------------------------------------------------------------------------------------------------
Allocation of Pollock TAC under the American Fisheries Act (AFA)
Section 679.20(a)(5)(i)(A) requires that the BS pollock TAC be
apportioned as a DFA, after subtracting 10 percent for the CDQ program
and 3.7 percent for the ICA, as follows: 50 percent to the inshore
sector, 40 percent to the catcher/processor (C/P) sector, and 10
percent to the mothership sector. In the BS, 45 percent of the DFA is
allocated to the A season (January 20-June 10), and 55 percent of the
DFA is allocated to the B season (June 10-November 1) (Sec. Sec.
679.20(a)(5)(i)(B)(1) and 679.23(e)(2)). The Aleutian Islands directed
pollock fishery allocation to the Aleut Corporation is the amount of
pollock TAC remaining in the AI after subtracting 1,900 mt for the CDQ
DFA (10 percent) and 2,400 mt for the ICA (Sec.
679.20(a)(5)(iii)(B)(2)). In the AI, the total A season apportionment
of the TAC (including the AI directed fishery allocation, the CDQ DFA,
and the ICA) may equal up to 40 percent of the ABC for AI pollock, and
the remainder of the TAC is allocated to the B season (Sec.
679.20(a)(5)(iii)(B)(3)). Tables 4 and 5 list these 2020 and 2021
amounts.
Section 679.20(a)(5)(iii)(B)(6) sets harvest limits for pollock in
the A season (January 20 to June 10) in Areas 543, 542, and 541. In
Area 543, the A season pollock harvest limit is no more than 5 percent
of the Aleutian Islands pollock ABC. In Area 542, the A season pollock
harvest limit is no more than 15 percent of the Aleutian Islands
pollock ABC. In Area 541, the A season pollock harvest limit is no more
than 30 percent of the Aleutian Islands pollock ABC.
Section 679.20(a)(5)(i)(A)(4) also includes several specific
requirements regarding BS pollock allocations. First, it requires that
8.5 percent of the pollock allocated to the C/P sector be available for
harvest by AFA catcher vessels (CVs) with C/P sector endorsements,
unless the Regional Administrator receives a cooperative contract that
allows the distribution of harvest among AFA C/Ps and AFA CVs in a
manner agreed to by all members. Second, AFA C/Ps not listed in the AFA
are limited to harvesting not more than 0.5 percent of the pollock
allocated to the C/P sector. Tables 4 and 5 list the 2020 and 2021
allocations of pollock TAC. Table 20 lists the AFA C/P prohibited
species sideboard limits, and Tables 21 and 22 list the AFA CV
prohibited species and groundfish sideboard limits. The tables for the
pollock allocations to the BS inshore pollock cooperatives and open
access sector will be posted on the Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-groundfish-fisheries-management.
Tables 4 and 5 also list seasonal apportionments of pollock and
harvest limits within the Steller Sea Lion Conservation Area (SCA). The
harvest of pollock within the SCA, as defined at Sec.
679.22(a)(7)(vii), is limited to no more than 28 percent of the annual
pollock DFA before 12:00 noon, April 1, as provided in Sec.
679.20(a)(5)(i)(C). The A season pollock SCA harvest limit will be
apportioned to each sector in proportion to each sector's allocated
percentage of the DFA. Tables 4 and 5 list these final 2020 and 2021
amounts by sector.
[[Page 13560]]
Table 4--Final 2020 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) 1
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2020 A season 1 2020 B season
2020 -------------------------------- 1
Area and sector Allocations SCA harvest ---------------
A season DFA limit 2 B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC 1........................ 1,425,000 n/a n/a n/a
CDQ DFA......................................... 142,500 64,125 39,900 78,375
ICA 1........................................... 47,453 n/a n/a n/a
Total Bering Sea non-CDQ DFA.................... 1,235,048 555,771 345,813 679,276
AFA Inshore..................................... 617,524 277,886 172,907 339,638
AFA Catcher/Processors 3........................ 494,019 222,309 138,325 271,710
Catch by C/Ps............................... 452,027 203,412 n/a 248,615
Catch by CVs 3.............................. 41,992 18,896 n/a 23,095
Unlisted C/P Limit 4........................ 2,470 1,112 n/a 1,359
AFA Motherships................................. 123,505 55,577 34,581 67,928
Excessive Harvesting Limit 5.................... 216,133 n/a n/a n/a
Excessive Processing Limit 6.................... 370,514 n/a n/a n/a
Aleutian Islands subarea ABC.................... 55,120 n/a n/a n/a
Aleutian Islands subarea TAC 1.................. 19,000 n/a n/a n/a
CDQ DFA......................................... 1,900 1,900 n/a
ICA............................................. 2,400 1,200 n/a 1,200
Aleut Corporation............................... 14,700 14,700 n/a
Area harvest limit 7............................ n/a n/a n/a n/a
541......................................... 16,536 n/a n/a n/a
542......................................... 8,268 n/a n/a n/a
543......................................... 2,756 n/a n/a n/a
Bogoslof District ICA 8......................... 75 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
1 Pursuant to Sec. 679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10
percent) and the ICA (3.7 percent), is allocated as a DFA as follows: inshore sector--50 percent, catcher/
processor sector (C/P)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45 percent
of the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to the B
season (June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) through (iii), the annual Aleutian
Islands pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,400 mt),
is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands subarea, the A
season is allocated up to 40 percent of the AI pollock ABC.
2 In the Bering Sea subarea, pursuant to Sec. 679.20(a)(5)(i)(C), no more than 28 percent of each sector's
annual DFA may be taken from the SCA before noon, April 1.
3 Pursuant to Sec. 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed C/Ps shall be available
for harvest only by eligible catcher vessels with a C/P endorsement delivering to listed C/Ps, unless there is
a C/P sector cooperative for the year.
4 Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii ), the AFA unlisted catcher/processors are limited to harvesting
not more than 0.5 percent of the catcher/processor sector's allocation of pollock.
5 Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the non-CDQ pollock DFAs.
6 Pursuant to Sec. 679.20(a)(5)(i)(A)(7 ), NMFS establishes an excessive processing share limit equal to 30.0
percent of the sum of the non-CDQ pollock DFAs.
7Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area
541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
percent of the Aleutian Islands pollock ABC.
8 Pursuant to Sec. 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
amounts specified are for incidental catch only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Table 5--Final 2021 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) 1
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2021 A season 1 2021 Bseason 1
2021 --------------------------------
Area and sector Allocations SCA harvest ---------------
A season DFA limit 2 B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC 1........................ 1,450,000 n/a n/a n/a
CDQ DFA......................................... 145,000 65,250 40,600 79,750
ICA 1........................................... 48,285 n/a n/a n/a
Total Bering Sea non-CDQ DFA.................... 1,256,715 565,522 351,880 691,193
AFA Inshore..................................... 628,358 282,761 175,940 345,597
AFA Catcher/Processors 3........................ 502,686 226,209 140,752 276,477
Catch by C/Ps............................... 459,958 206,981 n/a 252,977
Catch by CVs 3.............................. 42,728 19,228 n/a 23,501
Unlisted C/P Limit 4........................ 2,513 1,131 n/a 1,382
AFA Motherships................................. 125,672 56,552 35,188 69,119
Excessive Harvesting Limit 5.................... 219,925 n/a n/a n/a
Excessive Processing Limit 6.................... 377,015 n/a n/a n/a
Aleutian Islands subarea ABC.................... 58,384 n/a n/a n/a
Aleutian Islands subarea TAC 1.................. 19,000 n/a n/a n/a
CDQ DFA......................................... 1,900 760 n/a 1,140
[[Page 13561]]
ICA............................................. 2,400 1,200 n/a 1,200
Aleut Corporation............................... 14,700 21,394 n/a (6,694)
Area harvest limit 7............................
541......................................... 17,515 n/a n/a n/a
542......................................... 8,758 n/a n/a n/a
543......................................... 2,919 n/a n/a n/a
Bogoslof District ICA 8......................... 75 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
1 Pursuant to Sec. 679.20(a)(5)(i)(A), the Bering Sea subarea pollock TAC, after subtracting the CDQ DFA (10
percent) and the ICA (3.7 percent), is allocated as a DFA as follows: inshore sector--50 percent, catcher/
processor sector (C/P)--40 percent, and mothership sector--10 percent. In the Bering Sea subarea, 45 percent
of the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to the B
season (June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) through (iii), the annual Aleutian
Islands pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,400 mt),
is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands subarea, the A
season is allocated up to 40 percent of the AI pollock ABC.
2 In the Bering Sea subarea, pursuant to Sec. 679.20(a)(5)(i)(C), no more than 28 percent of each sector's
annual DFA may be taken from the SCA before noon, April 1.
3 Pursuant to Sec. 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed C/Ps shall be available
for harvest only by eligible catcher vessels with a C/P endorsement delivering to listed C/Ps, unless there is
a C/P sector cooperative for the year.
4 Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii ), the AFA unlisted catcher/processors are limited to harvesting
not more than 0.5 percent of the catcher/processor sector's allocation of pollock.
5 Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the non-CDQ pollock DFAs.
6 Pursuant to Sec. 679.20(a)(5)(i)(A)(7 ), NMFS establishes an excessive processing share limit equal to 30.0
percent of the sum of the non-CDQ pollock DFAs.
7 Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
percent of the Aleutian Islands pollock ABC.
8 Pursuant to Sec. 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
amounts specified are for incidental catch only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the Atka Mackerel TACs
Section 679.20(a)(8) allocates the Atka mackerel TACs to the
Amendment 80 and BSAI trawl limited access sectors, after subtracting
the CDQ reserves, ICAs for the BSAI trawl limited access sector and
non-trawl gear sector, and the jig gear allocation (Tables 6 and 7).
The percentage of the ITAC for Atka mackerel allocated to the Amendment
80 and BSAI trawl limited access sectors is listed in Table 33 to 50
CFR part 679 and in Sec. 679.91. Pursuant to Sec. 679.20(a)(8)(i), up
to 2 percent of the EAI and the BS Atka mackerel ITAC may be allocated
to vessels using jig gear. The percent of this allocation is
recommended annually by the Council based on several criteria,
including, among other criteria, the anticipated harvest capacity of
the jig gear fleet. The Council recommended, and NMFS approves, a 0.5
percent allocation of the Atka mackerel ITAC in the EAI and BS to the
jig gear sector in 2020 and 2021.
Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel TAC into
two equal seasonal allowances. Section 679.23(e)(3) sets the first
seasonal allowance for directed fishing with trawl gear from January 20
through June 10 (A season), and the second seasonal allowance from June
10 through December 31 (B season). Section 679.23(e)(4)(iii) applies
Atka mackerel seasons to CDQ Atka mackerel trawl fishing. The ICAs and
jig gear allocations are not apportioned by season.
Section 679.20(a)(8)(ii)(C)(1)(i) and (ii) limits Atka mackerel
catch within waters 0 nm to 20 nm of Steller sea lion sites listed in
Table 6 to 50 CFR part 679 and located west of 178[deg] W longitude to
no more than 60 percent of the annual TACs in Areas 542 and 543, and
equally divides the annual TACs between the A and B seasons as defined
at Sec. 679.23(e)(3). Section 679.20(a)(8)(ii)(C)(2) requires that the
annual TAC in Area 543 will be no more than 65 percent of the ABC in
Area 543. Section 679.20(a)(8)(ii)(D) requires that any unharvested
Atka mackerel A season allowance that is added to the B season be
prohibited from being harvested within waters 0 nm to 20 nm of Steller
sea lion sites listed in Table 6 to 50 CFR part 679 and located in
Areas 541, 542, and 543.
Tables 6 and 7 list these 2020 and 2021 Atka mackerel seasonal and
area allowances, and the sector allocations. One Amendment 80
cooperative has formed for the 2020 fishing year. Because all Amendment
80 vessels are part of the sole Amendment 80 cooperative, no allocation
to the Amendment 80 limited access sector is required for 2020. The
2021 allocations for Atka mackerel between Amendment 80 cooperatives
and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by
November 1, 2020.
[[Page 13562]]
Table 6--Final 2020 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
Amendment 80 Allocation of the BSAI ATKA Mackerel TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2020 allocation by area
-----------------------------------------------------
Sector 1 Season 2 3 4 Eastern Aleutian
District/ Bering Central Aleutian Western Aleutian
Sea District 5 District
----------------------------------------------------------------------------------------------------------------
TAC................................ n/a.................. 24,535 14,721 20,049
CDQ reserve........................ Total................ 2,625 1,575 2,145
A.................... 1,313 788 1,073
Critical Habitat..... n/a 473 644
B.................... 1,313 788 1,073
Critical Habitat..... n/a 473 644
Non-CDQ TAC........................ n/a.................. 21,910 13,146 17,904
ICA................................ Total................ 800 75 20
Jig 7.............................. Total................ 106 ................ ................
BSAI trawl limited access.......... Total................ 2,100 1,307 ................
A.................... 1,050 654 ................
Critical Habitat..... n/a 392 ................
B.................... 1,050 654 ................
Critical Habitat..... n/a 392 ................
Amendment 80 sector................ Total................ 18,904 11,764 17,884
A.................... 9,452 5,882 8,942
Critical Habitat..... n/a 3,529 5,365
B.................... 9,452 5,882 8,942
Critical Habitat..... n/a 3,529 5,365
----------------------------------------------------------------------------------------------------------------
1 Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, jig gear
allocation, and ICAs, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC
for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50
CFR part 679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see
Sec. Sec. 679.20(b)(1)(ii)(C) and 679.31).
2 Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
fishery.
3 The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
4 Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
January 20 to June 10 and the B season from June 10 to December 31.
5 Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to be
caught inside of Steller sea lion critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the
annual TACs between the A and B seasons as defined at Sec. 679.23(e)(3); and section 679.20(a)(8)(ii)(C)(2)
requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
6 Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian District and the
Bering Sea subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets the
amount of this allocation for 2020 at 0.5 percent. The jig gear allocation is not apportioned by season.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
TABLE 7--Final 2021 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
Amendment 80 Allocation of the BSAI ATKA Mackerel TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2021 allocation by area
-----------------------------------------------------
Sector 1 Season 2 3 4 Eastern Aleutian
District/ Bering Central Aleutian Western Aleutian
Sea 5 District 5 District 5
----------------------------------------------------------------------------------------------------------------
TAC................................ n/a.................. 22,540 13,524 18,418
CDQ reserve........................ Total................ 2,412 1,447 1,971
A.................... 1,206 724 985
Critical Habitat..... n/a 434 591
B.................... 1,206 724 985
Critical Habitat..... n/a 434 591
non-CDQ TAC........................ n/a.................. 20,128 12,077 16,447
ICA................................ Total................ 800 75 20
Jig 7.............................. Total................ 97 ................ ................
BSAI trawl limited access.......... Total................ 1,923 1,200 ................
A.................... 962 600 ................
Critical Habitat..... n/a 360 ................
B.................... 962 600 ................
Critical Habitat..... n/a 360 ................
Amendment 80 sectors 7............. Total................ 17,308 10,802 16,427
A.................... 8,654 5,401 8,214
Critical Habitat..... n/a 3,241 4,928
B.................... 8,654 5,401 8,214
[[Page 13563]]
Critical Habitat..... n/a 3,241 4,928
----------------------------------------------------------------------------------------------------------------
1 Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, jig gear
allocation, and ICAs, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC
for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50
CFR part 679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see
Sec. Sec. 679.20(b)(1)(ii)(C) and 679.31).
2 Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
fishery.
3 The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
4 Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
January 20 to June 10 and the B season from June 10 to December 31.
5 Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to be
caught inside of Steller sea lion critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the
annual TACs between the A and B seasons as defined at Sec. 679.23(e)(3); and section 679.20(a)(8)(ii)(C)(2)
requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
6 Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the Eastern Aleutian District and the
Bering Sea subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets the
amount of this allocation for 2021 at 0.5 percent. The jig gear allocation is not apportioned by season.
7 The 2021 allocations for Atka mackerel between Amendment 80 cooperatives and the Amendment 80 limited access
sector will not be known until eligible participants apply for participation in the program by November 1,
2020.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the Pacific Cod TAC
The Council separated Bering Sea and Aleutian Islands subarea OFLs,
ABCs, and TACs for Pacific cod in 2014 (79 FR 12108, March 4, 2014).
Section 679.20(b)(1)(ii)(C) allocates 10.7 percent of the Bering Sea
TAC and the Aleutian Islands TAC to the CDQ program. After CDQ
allocations have been deducted from the respective Bering Sea and
Aleutian Islands Pacific cod TACs, the remaining Bering Sea and
Aleutian Islands Pacific cod TACs are combined for calculating further
BSAI Pacific cod sector allocations. If the non-CDQ Pacific cod TAC is
or will be reached in either the Bering Sea or the Aleutian Islands
subareas, NMFS will prohibit non-CDQ directed fishing for Pacific cod
in that subarea as provided in Sec. 679.20(d)(1)(iii).
Section 679.20(a)(7)(i) and (ii) allocates to the non-CDQ sectors
the Pacific cod TAC in the combined BSAI TAC, after subtracting 10.7
percent for the CDQ program, as follows: 1.4 percent to vessels using
jig gear; 2.0 percent to hook-and-line or pot CVs less than 60 ft (18.3
m) length overall (LOA); 0.2 percent to hook-and-line CVs greater than
or equal to 60 ft (18.3 m) LOA; 48.7 percent to hook-and-line C/Ps; 8.4
percent to pot CVs greater than or equal to 60 ft (18.3 m) LOA; 1.5
percent to pot C/Ps; 2.3 percent to AFA trawl C/Ps; 13.4 percent to
Amendment 80 sector; and 22.1 percent to trawl CVs. The ICA for the
hook-and-line and pot sectors will be deducted from the aggregate
portion of Pacific cod TAC allocated to the hook-and-line and pot
sectors. For 2020 and 2021, the Regional Administrator establishes an
ICA of 400 mt based on anticipated incidental catch by these sectors in
other fisheries.
The ITAC allocation of Pacific cod to the Amendment 80 sector is
established in Table 33 to 50 CFR part 679 and Sec. 679.91. One
Amendment 80 cooperative has formed for the 2020 fishing year. Because
all Amendment 80 vessels are part of the sole Amendment 80 cooperative,
no allocation to the Amendment 80 limited access sector is required for
2020. The 2021 allocations for Amendment 80 species between Amendment
80 cooperatives and the Amendment 80 limited access sector will not be
known until eligible participants apply for participation in the
program by November 1, 2020.
The sector allocations of Pacific cod are apportioned into seasonal
allowances to disperse the Pacific cod fisheries over the fishing year
(see Sec. Sec. 679.20(a)(7)(i)(B), 679.20(a)(7)(iv)(A), and
679.23(e)(5)). In accordance with Sec. 679.20(a)(7)(iv)(B) and (C),
any unused portion of a seasonal Pacific cod allowance for any sector,
except the jig sector, will become available at the beginning of that
sector's next seasonal allowance.
Section 679.20(a)(7)(vii) requires that the Regional Administrator
establish an Area 543 Pacific cod harvest limit based on Pacific cod
abundance in Area 543 as determined by the annual stock assessment
process. Based on the 2019 stock assessment, the Regional Administrator
determined for 2020 and 2021 the estimated amount of Pacific cod
abundance in Area 543 is 15.7 percent of the total AI abundance. NMFS
will first subtract the State GHL Pacific cod amount from the Aleutian
Islands Pacific cod ABC. Then NMFS will determine the harvest limit in
Area 543 by multiplying the percentage of Pacific cod estimated in Area
543 (15.7 percent) by the remaining ABC for AI Pacific cod. Based on
these calculations, the Area 543 harvest limit is 2,166 mt for 2020 and
2021.
On March 21, 2019, the final rule adopting Amendment 113 to the FMP
(81 FR 84434; November 23, 2016) was vacated by the U.S. District Court
for the District of Columbia (Groundfish Forum v. Ross, No. 16-2495
(D.D.C. March 21, 2019)), and the corresponding regulations
implementing Amendment 113 are no longer in effect. Therefore, this
final rule is not specifying amounts for the AI Pacific Cod Catcher
Vessel Harvest Set-Aside Program (see Sec. 679.20(a)(7)(viii)).
Table 8 and Table 9 list the CDQ and non-CDQ seasonal allowances by
gear based on the final 2020 and 2021 Pacific cod TACs; the sector
allocation percentages of Pacific cod set forth at Sec.
679.20(a)(7)(i)(B) and (a)(7)(iv)(A); and the seasons set forth at
Sec. 679.23(e)(5).
[[Page 13564]]
Table 8--Final 2020 Sector Allocations and Seasonal Allowances of the BSAI Pacific Cod TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2020 seasonal apportionment
Sector Percent 2020 share of 2020 share of ---------------------------------
total sector total Season Amount
----------------------------------------------------------------------------------------------------------------
BS TAC........................... n/a 141,799 n/a n/a................ n/a
BS CDQ........................... n/a 15,172 n/a see Sec. n/a
679.20(a)(7)(i)(B).
BS non-CDQ TAC................... n/a 126,627 n/a n/a................ n/a
AI TAC........................... n/a 13,796 n/a n/a................ n/a
AI CDQ........................... n/a 1,476 n/a see Sec. n/a
679.20(a)(7)(i)(B).
AI non-CDQ TAC................... n/a 12,320 n/a n/a................ n/a
Western Aleutian Island Limit.... n/a 2,166 n/a n/a................ n/a
Total BSAI non-CDQ TAC 1......... 100 138,946 n/a n/a................ n/a
Total hook-and-line/pot gear..... 60.8 84,479 n/a n/a................ n/a
Hook-and-line/pot ICA 2.......... n/a 400 n/a see Sec. n/a
679.20(a)(7)(ii)(B
).
Hook-and-line/pot sub-total...... n/a 84,079 n/a n/a................ n/a
Hook-and-line catcher/processor.. 48.7 n/a 67,346 Jan 1-Jun 10....... 34,347
Jun 10-Dec 31...... 33,000
Hook-and-line catcher vessel >=60 0.2 n/a 277 Jan 1-Jun 10....... 141
ft LOA. Jun 10-Dec 31...... 136
Pot catcher/processor............ 1.5 n/a 2,074 Jan 1-Jun 10....... 1,058
Sept 1-Dec 31...... 1,016
Pot catcher vessel >=60 ft LOA... 8.4 n/a 11,616 Jan 1-Jun 10....... 5,924
Sept 1-Dec 31...... 5,692
Catcher vessel <60 ft LOA using 2.0 n/a 2,766 n/a................ n/a
hook-and-line or pot gear.
Trawl catcher vessel............. 22.1 30,707 n/a Jan 20-Apr 1....... 22,723
Apr 1-Jun 10....... 3,378
Jun 10-Nov 1....... 4,606
AFA trawl catcher/processor...... 2.3 3,196 n/a Jan 20-Apr 1....... 2,397
Apr 1-Jun 10....... 799
Jun 10-Nov 1....... ...........
Amendment 80..................... 13.4 18,619 n/a Jan 20-Apr 1....... 13,964
Apr 1-Jun 10....... 4,655
Jun 10-Nov 1....... ...........
Jig.............................. 1.4 1,945 n/a Jan 1-Apr 30....... 1,167
Apr 30-Aug 31...... 389
Aug 31-Dec 31...... 389
----------------------------------------------------------------------------------------------------------------
1 The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI
Pacific cod TACs, after the subtraction of the reserves for the CDQ Program. If the TAC for Pacific cod in
either the AI or BS is or will be reached, then directed fishing for Pacific cod in that subarea will be
prohibited, even if a BSAI allowance remains (Sec. 679.20(d)(1)(iii)).
2 The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC
allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 400 mt for 2020
based on anticipated incidental catch in these fisheries.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Table 9--Final 2021 Sector Allocations and Seasonal Allowances of the BSAI Pacific Cod TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2020 seasonal apportionment
Sector Percent 2020 share 2020 share of ---------------------------------
total sector total Season Amount
----------------------------------------------------------------------------------------------------------------
BS TAC........................... n/a 92,633 n/a n/a................ n/a
BS CDQ........................... n/a 9,912 n/a see Sec. n/a
679.20(a)(7)(i)(B).
BS non-CDQ TAC................... n/a 82,721 n/a n/a................ n/a
AI TAC........................... n/a 13,796 n/a n/a................ n/a
AI CDQ........................... n/a 1,476 n/a see Sec. n/a
679.20(a)(7)(i)(B).
AI non-CDQ TAC................... n/a 12,320 n/a n/a................ n/a
Western Aleutian Island Limit.... n/a 2,166 n/a n/a................ n/a
Total BSAI non-CDQ TAC 1......... n/a 95,041 n/a n/a................ n/a
Total hook-and-line/pot gear..... 60.8 57,785 n/a n/a................ n/a
Hook-and-line/pot ICA 2.......... n/a 400 n/a see Sec. n/a
679.20(a)(7)(ii)(B
).
Hook-and-line/pot sub-total...... n/a 57,385 n/a n/a................ n/a
Hook-and-line catcher/processor.. 48.7 n/a 45,965 Jan 1-Jun 10....... 23,442
Jun 10-Dec 31...... 22,523
Hook-and-line catcher vessel >=60 0.2 n/a 189 Jan 1-Jun 10....... 96
ft LOA. Jun 10-Dec 31...... 92
Pot catcher/processor............ 1.5 n/a 1,416 Jan 1-Jun 10....... 722
Sept 1-Dec 31...... 694
Pot catcher vessel >=60 ft LOA... 8.4 n/a 7,928 Jan 1-Jun 10....... 4,043
Sept 1-Dec 31...... 3,885
Catcher vessel <60 ft LOA using 2.0 n/a 1,888 n/a................ n/a
hook-and-line or pot gear.
[[Page 13565]]
Trawl catcher vessel............. 22.1 21,004 n/a Jan 20-Apr 1....... 15,543
Apr 1-Jun 10....... 2,310
Jun 10-Nov 1....... 3,151
AFA trawl catcher/processor...... 2.3 2,186 n/a Jan 20-Apr 1....... 1,639
Apr 1-Jun 10....... 546
Jun 10-Nov 1....... ...........
Amendment 80..................... 13.4 12,736 n/a Jan 20-Apr 1....... 9,552
Apr 1-Jun 10....... 3,184
Jun 10-Dec 31...... ...........
Jig.............................. 1.4 1,331 n/a Jan 1-Apr 30....... 798
Apr 30-Aug 31...... 266
Aug 31-Dec 31...... 266
----------------------------------------------------------------------------------------------------------------
1 The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI
Pacific cod TACs, after the subtraction of the reserves for the CDQ Program. If the TAC for Pacific cod in
either the AI or BS is or will be reached, then directed fishing for Pacific cod in that subarea will be
prohibited, even if a BSAI allowance remains (Sec. 679.20(d)(1)(iii)).
2 The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC
allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 400 mt for 2021
based on anticipated incidental catch in these fisheries.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Sablefish Gear Allocation
Section 679.20(a)(4)(iii) and (iv) require allocation of the
sablefish TAC for the BS and AI subareas between trawl gear and hook-
and-line or pot gear sectors. Gear allocations of the sablefish TAC for
the BS are 50 percent for trawl gear and 50 percent for hook-and-line
or pot gear. Gear allocations of the TAC for the AI are 25 percent for
trawl gear and 75 percent for hook-and-line or pot gear. Section
679.20(b)(1)(ii)(B) requires that NMFS apportions 20 percent of the
hook-and-line or pot gear allocation of sablefish TAC to the CDQ
reserve for each subarea. Also, Sec. 679.20(b)(1)(ii)(D)(1) requires
that in the BS and AI 7.5 percent of the trawl gear allocation of
sablefish TAC from the non-specified reserve, established under Sec.
679.20(b)(1)(i), be assigned to the CDQ reserve.
The Council recommended that only trawl sablefish TAC be
established biennially. The harvest specifications for the hook-and-
line gear or pot gear sablefish Individual Fishing Quota (IFQ)
fisheries are limited to the 2020 fishing year to ensure those
fisheries are conducted concurrently with the halibut IFQ fishery.
Concurrent sablefish and halibut IFQ fisheries reduce the potential for
discards of halibut and sablefish in those fisheries. The sablefish IFQ
fisheries remain closed at the beginning of each fishing year until the
final harvest specifications for the sablefish IFQ fisheries are in
effect. Table 10 lists the 2020 and 2021 gear allocations of the
sablefish TAC and CDQ reserve amounts.
Table 10--Final 2020 and 2021 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent of 2020 Share 2020 CDQ 2021 Share 2021 CDQ
Subarea and gear TAC of TAC 2020 ITAC reserve of TAC 2021 ITAC reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea
Trawl \1\................................................ 50 931 791 70 1,433 1,218 107
Hook-and-line/pot gear \2\............................... 50 931 744 186 n/a n/a n/a
Total................................................ 100 1,861 1,535 256 1,433 1,218 107
Aleutian Islands
Trawl \1\................................................ 25 510 433 38 625 531 47
Hook-and-line/pot gear \2\............................... 75 1,529 1,223 306 n/a n/a n/a
Total................................................ 100 2,039 1,657 344 625 531 47
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For the sablefish trawl gear allocations, 15 percent of TAC is apportioned to the non-specific reserve (Sec. 679.20(b)(1)(i)). The ITAC is the
remainder of the TAC after subtracting these reserves. In the BS and AI, 7.5 percent of the trawl non-specified reserve is assigned to the CDQ
reserves (Sec. 679.20(b)(1)(ii)(D)(1)).
\2\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC is reserved for use by
CDQ participants (Sec. 679.20(b)(1)(ii)(B)). The Council recommended that specifications for the hook-and-line gear sablefish IFQ fisheries be
limited to one year.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the Aleutian Islands Pacific Ocean Perch, and BSAI
Flathead Sole, Rock Sole, and Yellowfin Sole TACs
Section 679.20(a)(10)(i) and (ii) require that NMFS allocate
Aleutian Islands Pacific ocean perch, and BSAI flathead sole, rock
sole, and yellowfin sole ITACs between the Amendment 80 sector and the
BSAI trawl limited access sector, after subtracting 10.7 percent for
the CDQ reserves and ICAs for the BSAI trawl limited access sector and
vessels using non-trawl gear. The allocations of the ITACs for Aleutian
Islands Pacific ocean perch, and BSAI flathead sole, rock sole, and
yellowfin sole to the Amendment 80 sector are established in accordance
with Tables 33 and 34 to 50 CFR part 679 and Sec. 679.91.
[[Page 13566]]
One Amendment 80 cooperative has formed for the 2020 fishing year.
Because all Amendment 80 vessels are part of the sole Amendment 80
cooperative, no allocation to the Amendment 80 limited access sector is
required for 2020. The 2021 allocations for Amendment 80 species
between Amendment 80 cooperatives and the Amendment 80 limited access
sector will not be known until eligible participants apply for
participation in the program by November 1, 2020. Tables 11 and 12 list
the 2020 and 2021 allocations of the Aleutian Islands Pacific ocean
perch, and BSAI flathead sole, rock sole, and yellowfin sole TACs.
Table 11--Final 2020 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the Aleutian Islands
Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACS
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific ocean perch Flathead sole Rock sole Yellowfin sole
-----------------------------------------------------------------------------------------------
Sector Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
District District District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC..................................................... 10,613 8,094 10,000 19,500 47,100 150,700
CDQ..................................................... 1,136 866 1,070 2,087 5,040 16,125
ICA..................................................... 100 60 10 3,000 6,000 4,000
BSAI trawl limited access............................... 938 717 178 .............. .............. 17,172
Amendment 80............................................ 8,440 6,451 8,742 14,414 36,060 113,403
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.
Table 12--Final 2021 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the Aleutian Islands
Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole Tacs
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific ocean perch Flathead sole Rock sole Yellowfin sole
-----------------------------------------------------------------------------------------------
Sector Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
District District District
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC..................................................... 10,619 7,817 10,000 24,000 49,000 168,900
CDQ..................................................... 1,136 836 1,070 2,568 5,243 18,072
ICA..................................................... 100 60 10 3,000 6,000 4,000
BSAI trawl limited access............................... 938 692 178 .............. .............. 23,673
Amendment 80 \1\........................................ 8,444 6,229 8,742 18,432 37,757 123,154
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2021 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by November 1, 2020.
Note: Sector apportionments may not total precisely due to rounding.
Section 679.2 defines the ABC surplus for flathead sole, rock sole,
and yellowfin sole as the difference between the annual ABC and TAC for
each species. Section 679.20(b)(1)(iii) establishes ABC reserves for
flathead sole, rock sole, and yellowfin sole. The ABC surpluses and the
ABC reserves are necessary to mitigate the operational variability,
environmental conditions, and economic factors that may constrain the
CDQ groups and the Amendment 80 cooperatives from achieving, on a
continuing basis, the optimum yield in the BSAI groundfish fisheries.
NMFS, after consultation with the Council, may set the ABC reserve at
or below the ABC surplus for each species, thus maintaining the TAC
below ABC limits. An amount equal to 10.7 percent of the ABC reserves
will be allocated as CDQ ABC reserves for flathead sole, rock sole, and
yellowfin sole. Section 679.31(b)(4) establishes the annual allocations
of CDQ ABC reserves among the CDQ groups. The Amendment 80 ABC reserves
shall be the ABC reserves minus the CDQ ABC reserves. Section
679.91(i)(2) establishes each Amendment 80 cooperative ABC reserve to
be the ratio of each cooperatives' quota share units and the total
Amendment 80 quota share units, multiplied by the Amendment 80 ABC
reserve for each respective species. Table 13 lists the 2020 and 2021
ABC surplus and ABC reserves for BSAI flathead sole, rock sole, and
yellowfin sole.
Table 13--Final 2020 and 2021 ABC Surplus, ABC Reserves, Community Development Quota (CDQ) ABC Reserves, and Amendment 80 ABC Reserves in the BSAI for
Flathead Sole, Rock Sole, and Yellowfin Sole
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2020 Flathead 2020 Yellowfin 2021 \1\ 2021 \1\ Rock 2021 \1\
Sector sole 2020 Rock sole sole Flathead sole sole Yellowfin sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC.................................................... 68,134 153,300 260,918 71,079 230,700 261,497
TAC.................................................... 19,500 47,100 150,700 24,000 49,000 168,900
ABC surplus............................................ 48,634 106,200 110,218 47,079 181,700 92,597
ABC reserve............................................ 48,634 106,200 110,218 47,079 181,700 92,597
[[Page 13567]]
CDQ ABC reserve........................................ 5,204 11,363 11,793 5,037 19,442 9,908
Amendment 80 ABC reserve............................... 43,430 94,837 98,425 42,042 162,258 82,689
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2021 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by November 1, 2020.
PSC Limits for Halibut, Salmon, Crab, and Herring
Section 679.21(b), (e), (f), and (g) sets forth the BSAI PSC
limits. Pursuant to Sec. 679.21(b)(1), the annual BSAI halibut PSC
limits total 3,515 mt. Section 679.21(b)(1) allocates 315 mt of the
halibut PSC limit as the PSQ reserve for use by the groundfish CDQ
program, 1,745 mt of the halibut PSC limit for the Amendment 80 sector,
745 mt of the halibut PSC limit for the BSAI trawl limited access
sector, and 710 mt of the halibut PSC limit for the BSAI non-trawl
sector.
Section 679.21(b)(1)(iii)(A) and (B) authorizes apportionment of
the BSAI non-trawl halibut PSC limit into PSC allowances among six
fishery categories in Table 17, and Sec. 679.21(b)(1)(ii)(A) and (B),
(e)(3)(i)(B), and (e)(3)(iv) requires apportionment of the trawl PSC
limits in Tables 15 and 16 into PSC allowances among seven fishery
categories.
Pursuant to Section 3.6 of the FMP, the Council recommends, and
NMFS agrees, that certain specified non-trawl fisheries be exempt from
the halibut PSC limit. As in past years, after consultation with the
Council, NMFS exempts the pot gear fishery, the jig gear fishery, and
the sablefish IFQ hook-and-line gear fishery categories from halibut
bycatch restrictions for the following reasons: (1) The pot gear
fisheries have low halibut bycatch mortality; (2) NMFS estimates
halibut mortality for the jig gear fleet to be negligible because of
the small size of the fishery and the selectivity of the gear; and (3)
the sablefish and halibut IFQ fisheries have low halibut bycatch
mortality because the IFQ program requires that legal-size halibut be
retained by vessels using fixed gear if a halibut IFQ permit holder or
a hired master is aboard and is holding unused halibut IFQ for that
vessel category and the IFQ regulatory area in which the vessel is
operating (Sec. 679.7(f)(11)).
The 2019 total groundfish catch for the pot gear fishery in the
BSAI was 45,567 mt, with an associated halibut bycatch mortality of 3.7
mt. The 2019 jig gear fishery harvested about 190 mt of groundfish.
Most vessels in the jig gear fleet are exempt from observer coverage
requirements. As a result, observer data are not available on halibut
bycatch in the jig gear fishery. As mentioned above, NMFS estimates a
negligible amount of halibut bycatch mortality because of the selective
nature of jig gear and the low mortality rate of halibut caught with
jig gear and released.
Under Sec. 679.21(f)(2), NMFS annually allocates portions of
either 33,318, 45,000, 47,591, or 60,000 Chinook salmon PSC limits
among the AFA sectors, depending on past bycatch performance, on
whether Chinook salmon bycatch incentive plan agreements (IPAs) are
formed, and on whether NMFS determines it is a low Chinook salmon
abundance year. NMFS will determine that it is a low Chinook salmon
abundance year when abundance of Chinook salmon in western Alaska is
less than or equal to 250,000 Chinook salmon. The State of Alaska
provides to NMFS an estimate of Chinook salmon abundance using the 3-
System Index for western Alaska based on the Kuskokwim, Unalakleet, and
Upper Yukon aggregate stock grouping.
If an AFA sector participates in an approved IPA and has not
exceeded its performance standard under Sec. 679.21(f)(6), and if it
is not a low Chinook salmon abundance year, then NMFS will allocate a
portion of the 60,000 Chinook salmon PSC limit to that sector as
specified in Sec. 679.21(f)(3)(iii)(A). If no IPA is approved, or if
the sector has exceeded its performance standard under Sec.
679.21(f)(6), and if it is not a low abundance year, then NMFS will
allocate a portion of the 47,591 Chinook salmon PSC limit to that
sector as specified in Sec. 679.21(f)(3)(iii)(C). If an AFA sector
participates in an approved IPA and has not exceeded its performance
standard under Sec. 679.21(f)(6), in a low abundance year, then NMFS
will allocate a portion of the 45,000 Chinook salmon PSC limit to that
sector as specified in Sec. 679.21(f)(3)(iii)(B). If no IPA is
approved, or if the sector has exceeded its performance standard under
Sec. 679.21(f)(6), and if in a low abundance year, then NMFS will
allocate a portion of the 33,318 Chinook salmon PSC limit to that
sector as specified in Sec. 679.21(f)(3)(iii)(D).
NMFS has determined that 2019 was not a low Chinook salmon
abundance year, based on the State's estimate that Chinook salmon
abundance in western Alaska is greater than 250,000 Chinook salmon.
Therefore, in 2020, the Chinook salmon PSC limit is 60,000 Chinook
salmon, allocated to each sector as specified in Sec.
679.21(f)(3)(iii)(A). The AFA sector Chinook salmon allocations are
also seasonally apportioned with 70 percent of the allocation for the A
season pollock fishery, and 30 percent of the allocation for the B
season pollock fishery (Sec. Sec. 679.21(f)(3)(i) and 679.23(e)(2)).
In 2020, the Chinook salmon bycatch performance standard under Sec.
679.21(f)(6) is 47,591 Chinook salmon, allocated to each sector as
specified in Sec. 679.21(f)(3)(iii)(C).
NMFS publishes the approved IPAs, allocations, and reports at
https://alaskafisheries.noaa.gov/sustainablefisheries/bycatch/default.htm.
Section 679.21(g)(2)(i) specifies 700 fish as the 2020 and 2021
Chinook salmon PSC limit for the AI pollock fishery. Section
679.21(g)(2)(ii) allocates 7.5 percent, or 53 Chinook salmon, as the AI
PSQ reserve for the CDQ Program, and allocates the remaining 647
Chinook salmon to the non-CDQ fisheries.
Section 679.21(f)(14)(i) specifies 42,000 fish as the 2020 and 2021
non-Chinook salmon PSC limit for vessels using trawl gear from August
15 through October 14 in the Catcher Vessel Operational Area (CVOA).
Section 679.21(f)(14)(ii) allocates 10.7 percent, or 4,494 non-Chinook
salmon, in the CVOA as the PSQ reserve for the CDQ Program, and
allocates the remaining 37,506 non-Chinook salmon in the CVOA to the
non-CDQ fisheries.
[[Page 13568]]
PSC limits for crab and herring are specified annually based on
abundance and spawning biomass. Section 679.21(e)(3)(i)(A)(1) allocates
10.7 percent from each trawl gear PSC limit specified for crab as a PSQ
reserve for use by the groundfish CDQ program.
Based on 2019 survey data, the red king crab mature female
abundance is estimated at 10.613 million red king crabs, and the
effective spawning biomass is estimated at 29.009 million lbs (12,705
mt). Based on the criteria set out at Sec. 679.21(e)(1)(i), the 2020
and 2021 PSC limit of red king crab in Zone 1 for trawl gear is 97,000
animals. This limit derives from the mature female abundance estimate
of more than 8.4 million mature red king crab and the effective
spawning biomass estimate of more than 14.5 million lbs (6,577 mt) but
less than 55 million lbs (24,948 mt).
Section 679.21(e)(3)(ii)(B)(2) establishes criteria under which
NMFS must specify an annual red king crab bycatch limit for the Red
King Crab Savings Subarea (RKCSS) if the State has established a GHL
fishery for red king crab in the Bristol Bay area in the previous year.
The regulations limit the RKCSS red king crab bycatch limit to 25
percent of the red king crab PSC limit, based on the need to optimize
the groundfish harvest relative to red king crab bycatch. In December
2019, the Council recommended and NMFS concurs that the red king crab
bycatch limit for 2020 and 2021 be equal to 25 percent of the red king
crab PSC limit within the RKCSS (Table 15).
Based on 2019 survey data, Tanner crab (Chionoecetes bairdi)
abundance is estimated at 2,574 million animals. Pursuant to criteria
set out at Sec. 679.21(e)(1)(ii), the calculated 2020 and 2021 C.
bairdi crab PSC limit for trawl gear is 980,000 animals in Zone 1, and
2,970,000 animals in Zone 2. The limit in Zone 1 is based on the
abundance of C. bairdi estimated at 2,574 million animals, which is
greater than 400 million animals. The limit in Zone 2 is based on the
abundance of C. bairdi estimated at 2,574 million animals, which is
greater than 400 million animals.
Pursuant to Sec. 679.21(e)(1)(iii), the PSC limit for trawl gear
for snow crab (C. opilio) is based on total abundance as indicated by
the NMFS annual bottom trawl survey. The C. opilio crab PSC limit in
the C. opilio bycatch limitation zone (COBLZ) is set at 0.1133 percent
of the Bering Sea abundance index minus 150,000 crabs. Based on the
2019 survey estimate of 7.706 billion animals, the calculated 2020 and
2021 C. opilio crab PSC limit is 8,580,898 animals, which is above the
minimum PSC limit of 4.5 million and below the maximum PSC limit of 13
million animals.
Pursuant to Sec. 679.21(e)(1)(v), the PSC limit of Pacific herring
caught while conducting any trawl operation for BSAI groundfish is 1
percent of the annual eastern Bering Sea herring biomass. The best
estimate of 2020 and 2021 herring biomass is 253,207 mt. This amount
was developed by the Alaska Department of Fish and Game based on
biomass for spawning aggregations. Therefore, the herring PSC limit for
2020 and 2021 is 2,532 mt for all trawl gear as listed in Tables 14 and
15.
Section 679.21(e)(3)(i)(A) requires that PSQ reserves be subtracted
from the total trawl gear crab PSC limits. The crab and halibut PSC
limits apportioned to the Amendment 80 and BSAI trawl limited access
sectors are listed in Table 35 to 50 CFR part 679. The resulting 2020
and 2021 allocations of PSC limit to CDQ PSQ reserves, the Amendment 80
sector, and the BSAI trawl limited access sector are listed in Table
14. Pursuant to Sec. Sec. 679.21(b)(1)(i), 679.21(e)(3)(vi), and
679.91(d) through (f), crab and halibut trawl PSC limits assigned to
the Amendment 80 sector are then further allocated to Amendment 80
cooperatives as cooperative quota. Crab and halibut PSC cooperative
quota assigned to Amendment 80 cooperatives is not allocated to
specific fishery categories. In 2020, there are no vessels in the
Amendment 80 limited access sector and one Amendment 80 cooperative.
The 2021 PSC allocations between Amendment 80 cooperatives and the
Amendment 80 limited access sector will not be known until eligible
participants apply for participation in the program by November 1,
2020. Section 679.21(e)(3)(i)(B) requires that NMFS apportion each
trawl PSC limit for crab and herring not assigned to Amendment 80
cooperatives into PSC bycatch allowances for seven specified fishery
categories in Sec. 679.21(e)(3)(iv).
Section 679.21(b)(2) and (e)(5) authorizes NMFS, after consulting
with the Council, to establish seasonal apportionments of halibut and
crab PSC amounts for the BSAI trawl limited access and non-trawl
sectors in order to maximize the ability of the fleet to harvest the
available groundfish TAC and to minimize bycatch. The factors to be
considered are (1) seasonal distribution of prohibited species, (2)
seasonal distribution of target groundfish species relative to
prohibited species distribution, (3) PSC bycatch needs on a seasonal
basis relevant to prohibited species biomass and expected catches of
target groundfish species, (4) expected variations in bycatch rates
throughout the year, (5) expected changes in directed groundfish
fishing seasons, (6) expected start of fishing effort, and (7) economic
effects of establishing seasonal prohibited species apportionments on
segments of the target groundfish industry. Based on this criteria, the
Council recommended and NMFS approves the seasonal PSC apportionments
in Tables 16 and 17 to maximize harvest among gear types, fisheries,
and seasons while minimizing bycatch of PSC.
Table 14--Final 2020 and 2021 Apportionment of Prohibited Species Catch Allowances to Non-Trawl Gear, the CDQ Program, Amendment 80, and the BSAI Trawl
Limited Access Sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl PSC BSAI trawl BSAI PSC
Non-trawl CDQ PSQ remaining Amendment limited limits not
PSC species and area and zone \1\ Total PSC PSC reserve \2\ after CDQ 80 sector access allocated
PSQ \3\ sector \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI.................................. 3,515 710 315 n/a 1,745 745 ...........
Herring (mt) BSAI............................................ 2,532 n/a n/a n/a n/a n/a ...........
Red king crab (animals) Zone 1............................... 97,000 n/a 10,379 86,621 43,293 26,489 16,839
C. opilio (animals) COBLZ.................................... 8,580,898 n/a 918,156 7,662,742 3,766,238 2,462,805 1,433,699
C. bairdi crab (animals) Zone 1.............................. 980,000 n/a 104,860 875,140 368,521 411,228 95,390
C. bairdi crab (animals) Zone 2.............................. 2,970,000 n/a 317,790 2,652,210 627,778 1,241,500 782,932
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ The PSQ reserve for crab species is 10.7 percent of each crab PSC limit.
\3\ The Amendment 80 program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to
other gear types or sectors.
[[Page 13569]]
Table 15--Final 2020 and 2021 Herring and Red King Crab Savings Subarea
Prohibited Species Catch Allowances for All Trawl Sectors
------------------------------------------------------------------------
Red king crab
Fishery Categories Herring (mt) (animals) Zone
BSAI 1
------------------------------------------------------------------------
Yellowfin sole...................... 110 n/a
Rock sole/flathead sole/Alaska 54 n/a
plaice/other flatfish \1\..........
Greenland turbot/arrowtooth flounder/ 7 n/a
Kamchatka flounder/sablefish.......
Rockfish............................ 7 n/a
Pacific cod......................... 13 n/a
Midwater trawl pollock.............. 2,299 n/a
Pollock/Atka mackerel/other species 42 n/a
2 3................................
Red king crab savings subarea non- n/a 24,250
pelagic trawl gear \4\.............
-----------------------------------
Total trawl PSC................. 2,532 97,000
------------------------------------------------------------------------
\1\ ``Other flatfish'' for PSC monitoring includes all flatfish species,
except for halibut (a prohibited species), Alaska plaice, arrowtooth
flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock
sole, and yellowfin sole.
\2\ Pollock other than midwater trawl pollock, Atka mackerel, and
``other species'' fishery category.
\3\ ``Other species'' for PSC monitoring includes skates, sculpins,
sharks, and octopuses.
\4\ In December 2019, the Council recommended, and NMFS approves, that
the red king crab bycatch limit for non-pelagic trawl fisheries within
the RKCSS be limited to 25 percent of the red king crab PSC allowance
(see Sec. 679.21(e)(3)(ii)(B)(2)).
Note: Species allowances may not total precisely due to rounding.
Table 16--Final 2020 and 2021 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sector
----------------------------------------------------------------------------------------------------------------
Prohibited species and area or zone \1\
-------------------------------------------------------------------------------
BSAI trawl limited access Halibut Red king crab C. opilio C. bairdi (animals)
fisheries mortality (animals) (animals) -------------------------------
(mt) BSAI Zone 1 COBLZ Zone 1 Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole.................. 150 23,338 2,321,656 346,228 1,185,500
Rock sole/flathead sole/Alaska .............. .............. .............. .............. ..............
plaice/other flatfish \2\......
Greenland turbot/arrowtooth .............. .............. .............. .............. ..............
flounder/Kamchatka flounder/
sablefish......................
Rockfish April 15-December 31... 4 .............. 3,835 .............. 1,000
Pacific cod..................... 391 2,954 98,959 60,000 49,999
Pollock/Atka mackerel/other 200 197 38,356 5,000 5,000
species \3\....................
-------------------------------------------------------------------------------
Total BSAI trawl limited 745 26,489 2,462,805 411,228 1,241,500
access PSC.................
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
and yellowfin sole.
\3\ ``Other species'' for PSC monitoring includes skates, sculpins, sharks, and octopuses.
Note: Seasonal or sector allowances may not total precisely due to rounding.
Table 17--Final 2020 and 2021 Halibut Prohibited Species Bycatch Allowances for Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI
-----------------------------------------------------------------------------------------------------------------
Catcher/ Catcher
Non-trawl fisheries Seasons processor vessel All non-trawl
----------------------------------------------------------------------------------------------------------------
Pacific cod........................... Total Pacific cod....... 648 13 661
January 1-June 10....... 388 9 n/a
June 10-August 15....... 162 2 n/a
August 15-December 31... 98 2 n/a
Non-Pacific cod non-trawl--Total...... May 1-December 31....... n/a n/a 49
Groundfish pot and jig................ n/a..................... n/a n/a Exempt
Sablefish hook-and-line............... n/a..................... n/a n/a Exempt
-----------------------------------------------
Total for all non-trawl PSC....... n/a..................... n/a n/a 710
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector allowances may not total precisely due to rounding.
Estimates of Halibut Biomass and Stock Condition
The International Pacific Halibut Commission (IPHC) annually
assesses the abundance and potential yield of the Pacific halibut stock
using all available data from the commercial and sport fisheries, other
removals, and scientific surveys. Additional information on the Pacific
halibut stock assessment may be found in the IPHC's 2019 Pacific
halibut stock assessment (December 2019), available on the IPHC website
at www.iphc.int. The IPHC considered the 2019 Pacific halibut stock
assessment at its February 2020 annual meeting when
[[Page 13570]]
it set the 2020 commercial halibut fishery catch limits.
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 BSAI stock
assessment process. The DMR methodology and findings are included as an
appendix to the annual BSAI 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, SSC, and the Council. A summary
of the revised methodology is included in the BSAI proposed 2017 and
2018 harvest specifications (81 FR 87863, 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 new 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.
At the December 2019 meeting, the SSC, AP, and Council reviewed and
concurred in the revised DMRs. The 2020 and 2021 DMRs use an updated 2-
year reference period. Comparing the 2020 and 2021 final DMRs to the
final DMRs from the 2019 and 2020 harvest specifications, the DMR for
motherships and catcher/processors using non-pelagic trawl gear
decreased to 75 percent from 78 percent, the DMR for catcher vessels
using non-pelagic trawl gear decreased to 58 percent from 59 percent,
the DMR for catcher/processors using hook-and-line gear increased to 9
percent from 8 percent, the DMR for catcher vessels using hook-and-line
gear increased to 9 percent from 4 percent, and the DMR for pot gear
increased to 27 percent from 19 percent. Table 18 lists the final 2020
and 2021 DMRs.
Table 18--2020 and 2021 Pacific Halibut Discard Mortality Rates (DMR)
for the BSAI
------------------------------------------------------------------------
Halibut
discard
Gear Sector mortality rate
(percent)
------------------------------------------------------------------------
Pelagic trawl..................... All................. 100
Non-pelagic trawl................. Mothership and 75
catcher/processor.
Non-pelagic trawl................. Catcher vessel...... 58
Hook-and-line..................... Catcher/processor... 9
Hook-and-line..................... Catcher vessel...... 9
Pot............................... All................. 27
------------------------------------------------------------------------
Directed Fishing Closures
In accordance with Sec. 679.20(d)(1)(i), the Regional
Administrator may establish a DFA for a species or species group if the
Regional Administrator determines that any allocation or apportionment
of a target species has been or will be reached. If the Regional
Administrator establishes a DFA, and that allowance is or will be
reached before the end of the fishing year, NMFS will prohibit directed
fishing for that species or species group in the specified subarea,
regulatory area, or district (see Sec. 679.20(d)(1)(iii)). Similarly,
pursuant to Sec. 679.21(b)(4) and (e)(7), if the Regional
Administrator determines that a fishery category's bycatch allowance of
halibut, red king crab, C. bairdi crab, or C. opilio crab for a
specified area has been reached, the Regional Administrator will
prohibit directed fishing for each species or species group in that
fishery category in the area specified by regulation for the remainder
of the season or fishing year.
Based on historic catch patterns and anticipated fishing activity,
the Regional Administrator has determined that the groundfish
allocation amounts in Table 19 will be necessary as incidental catch to
support other anticipated groundfish fisheries for the 2020 and 2021
fishing years. Consequently, in accordance with Sec. 679.20(d)(1)(i),
the Regional Administrator establishes the DFA for the species and
species groups in Table 19 as zero mt. Therefore, in accordance with
Sec. 679.20(d)(1)(iii), NMFS is prohibiting directed fishing for these
sectors and species or species groups in the specified areas effective
at 1200 hours, A.l.t., March 9, 2020, through 2400 hours, A.l.t.,
December 31, 2021. Also, for the BSAI trawl limited access sector,
bycatch allowances of halibut, red king crab, C. bairdi crab, and C.
opilio crab listed in Table 19 are insufficient to support directed
fisheries. Therefore, in accordance with Sec. 679.21(b)(4)(i) and
(e)(7), NMFS is prohibiting directed fishing for these sectors,
species, and fishery categories in the specified areas effective at
1200 hours, A.l.t., March 9, 2020, through 2400 hours, A.l.t., December
31, 2021.
[[Page 13571]]
Table 19--2020 and 2021 Directed Fishing Closures \1\
[Groundfish and halibut amounts are in metric tons. Crab amounts are in number of animals.]
----------------------------------------------------------------------------------------------------------------
2020 Incidental 2021 Incidental
Area Sector Species catch allowance catch allowance
----------------------------------------------------------------------------------------------------------------
Bogoslof District................ All................. Pollock............ 75 75
Aleutian Islands subarea......... All................. ICA pollock........ 2,400 2,400
``Other rockfish'' 388 388
\2\.
Aleutian Islands subarea......... Trawl non-CDQ....... Sablefish.......... 433 531
Eastern Aleutian District/Bering Non-amendment 80, ICA Atka mackerel.. 800 800
Sea. CDQ, and BSAI trawl
limited access.
Eastern Aleutian District/Bering All................. Blackspotted/ 72 72
Sea. Rougheye rockfish.
Eastern Aleutian District........ Non-amendment 80, ICA Pacific ocean 100 100
CDQ, and BSAI trawl perch.
limited access.
Central Aleutian District........ Non-amendment 80, ICA Atka mackerel.. 75 75
CDQ, and BSAI trawl ICA Pacific ocean 60 60
limited access. perch.
Western Aleutian District........ Non-amendment 80, ICA Atka mackerel.. 20 20
CDQ and BSAI trawl ICA Pacific ocean 10 10
limited access. perch.
Western and Central Aleutian All................. Blackspotted/ 224 288
Districts. Rougheye rockfish.
Bering Sea subarea............... Trawl non-CDQ....... Sablefish.......... 633 847
Bering Sea subarea............... All................. Pacific ocean perch 12,043 11,560
``Other rockfish'' 595 595
\2\. 47,453 48,285
ICA pollock........
Bering Sea and Aleutian Islands.. All................. Northern rockfish.. 8,500 8,500
Shortraker rockfish 319 319
Skates............. 13,866 13,600
Sculpins........... 4,505 4,250
Sharks............. 128 128
Octopuses.......... 234 255
Hook-and-line and ICA Pacific cod.... 400 400
pot gear.
Non-amendment 80 and ICA flathead sole.. 3,000 3,000
CDQ.
ICA rock sole...... 6,000 6,000
Non-amendment 80, ICA yellowfin sole. 4,000 4,000
CDQ, and BSAI trawl
limited access.
BSAI trawl limited Rock sole/flathead ................ ................
access. sole/other
flatfish--halibut
mortality, red
king crab Zone 1,
C. opilio COBLZ,
C. bairdi Zone 1
and 2.
Turbot/arrowtooth/ ................ ................
sablefish--halibut
mortality, red
king crab Zone 1,
C. opilio COBLZ,
C. bairdi Zone 1
and 2.
Rockfish--red king ................ ................
crab Zone 1.
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable amounts may be found in Table 11 to 50 CFR part 679.
\2\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean
perch, northern rockfish, blackspotted/rougheye rockfish, and shortraker rockfish.
Closures implemented under the final 2019 and 2020 BSAI harvest
specifications for groundfish (84 FR 9000, March 13, 2019) remain
effective under authority of these final 2020 and 2021 harvest
specifications and until the date specified in those notices. Closures
are posted at the following website under the Alaska filter for
Management Area: https://www.fisheries.noaa.gov/rules-and-announcements/bulletins. While these closures are in effect, the
maximum retainable amounts at Sec. 679.20(e) and (f) apply at any time
during a fishing trip. These closures to directed fishing are in
addition to closures and prohibitions found at 50 CFR part 679.
Listed AFA Catcher/Processor Sideboard Limits
Pursuant to Sec. 679.64(a), the Regional Administrator is
responsible for restricting the ability of listed AFA C/Ps to engage in
directed fishing for groundfish species other than pollock to protect
participants in other groundfish fisheries from adverse effects
resulting from the AFA fishery and from fishery cooperatives in the
directed pollock fishery. These restrictions are set out as sideboard
limits on catch. On February 8, 2019, NMFS published a final rule (84
FR 2723) that implemented regulations to prohibit non-exempt AFA C/Ps
from directed fishing for groundfish species or species groups subject
to sideboard limits (see Sec. 679.20(d)(1)(iv)(D) and Table 54 to 50
CFR part 679). Section 679.64(a)(1)(v) exempts AFA C/Ps from a
yellowfin sole sideboard limit because the final 2020 and 2021
aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector
and BSAI trawl limited access sector is greater than 125,000 mt.
Section 679.64(a)(2) and Tables 40 and 41 to 50 CFR part 679
establish a formula for calculating PSC sideboard limits for halibut
and crab caught by listed AFA C/Ps. The basis for these sideboard
limits is described in detail in the final rules implementing the major
provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80
(72 FR 52668, September 14, 2007). PSC species listed in Table 20 that
are caught by listed AFA C/Ps participating in any groundfish fishery
other than pollock will accrue against the final 2020 and 2021 PSC
sideboard limits for the listed
[[Page 13572]]
AFA C/Ps. Section 679.21(b)(4)(iii), (e)(3)(v), and (e)(7) authorize
NMFS to close directed fishing for groundfish other than pollock for
listed AFA C/Ps once a final 2020 or 2021 PSC sideboard limit listed in
Table 20 is reached. Pursuant to Sec. 679.21(b)(1)(ii)(C) and
(e)(3)(ii)(C), halibut or crab PSC by listed AFA C/Ps while fishing for
pollock will accrue against the PSC allowances annually specified for
the pollock/Atka mackerel/``other species'' fishery categories,
according to Sec. 679.21(b)(1)(ii)(B) and (e)(3)(iv).
Table 20--Final 2020 and 2021 BSAI AFA Listed Catcher/Processor Prohibited Species Sideboard Limits
----------------------------------------------------------------------------------------------------------------
2020 and 2021
PSC available to 2020 and 2021
Ratio of PSC trawl vessels AFA catcher/
PSC species and area \1\ catch to total after processor
PSC subtraction of sideboard limit
PSQ \2\ \2\
----------------------------------------------------------------------------------------------------------------
Halibut mortality BSAI.................................... n/a n/a 286
Red king crab Zone 1...................................... 0.0070 86,621 606
C. opilio (COBLZ)......................................... 0.1530 7,662,742 1,172,400
C. bairdi Zone 1.......................................... 0.1400 875,140 122,520
C. bairdi Zone 2.......................................... 0.0500 2,652,210 132,611
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
AFA Catcher Vessel Sideboard Limits
Pursuant to Sec. [thinsp]679.64(b), the Regional Administrator is
responsible for restricting the ability of AFA CVs to engage in
directed fishing for groundfish species other than pollock to protect
participants in other groundfish fisheries from adverse effects
resulting from the AFA fishery and from fishery cooperatives in the
pollock directed fishery. On February 8, 2019, NMFS published a final
rule (84 FR 2723) that implemented regulations to prohibit non-exempt
AFA C/Vs from directed fishing for a majority of the groundfish species
or species groups subject to sideboard limits (see Sec.
679.20(d)(1)(iv)(D) and Table 55 to 50 CFR part 679). Section
679.64(b)(6) exempts AFA CVs from a yellowfin sole sideboard limit
because the 2020 and 2021 aggregate ITAC of yellowfin sole assigned to
the Amendment 80 sector and BSAI trawl limited access sector is greater
than 125,000 mt. The remainder of the sideboard limits for non-exempt
AFA C/Vs are in Table 21.
Section 679.64(b)(3) and (b)(4) establish formulas for setting AFA
CV groundfish and halibut and crab PSC sideboard limits for the BSAI.
The basis for these sideboard limits is described in detail in the
final rules implementing the major provisions of the AFA (67 FR 79692,
December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007).
Table 21 lists the final 2020 and 2021 AFA CV sideboard limits.
Table 21-Final 2020 and 2021 BSAI Pacific Cod Sideboard Limits for American Fisheries Act Catcher Vessels (CVs)
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of 1995-
1997 AFA CV catch 2020 Initial 2020 AFA catcher 2021 Initial 2021 AFA catcher
Fishery by area/gear/season to 1995-1997 TAC TAC vessel sideboard TAC vessel sideboard
limits limits
--------------------------------------------------------------------------------------------------------------------------------------------------------
BSAI........................................................... n/a n/a n/a n/a n/a
Trawl gear CV.................................................. n/a n/a n/a n/a n/a
Jan 20-Apr 1................................................... 0.8609 22,723 19,562 15,543 13,381
Apr 1-Jun 10................................................... 0.8609 3,378 2,908 2,310 1,989
Jun 10-Nov 1................................................... 0.8609 4,606 3,965 3,151 2,712
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2020 and 2021 aggregate ITAC of yellowfin sole
assigned to the Amendment 80 sector and BSAI trawl limited access sector is greater than 125,000 mt.
Halibut and crab PSC limits listed in Table 22 that are caught by
AFA CVs participating in any groundfish fishery other than pollock will
accrue against the 2020 and 2021 PSC sideboard limits for the AFA CVs.
Section 679.21(b)(4)(iii), (e)(3)(v), and (e)(7) authorize NMFS to
close directed fishing for groundfish other than pollock for AFA CVs
once a final 2020 and 2021 PSC sideboard limit listed in Table 22 is
reached. Pursuant to Sec. 679.21(b)(1)(ii)(C) and (e)(3)(ii)(C),
halibut or crab PSC by AFA CVs while fishing for pollock in the BS will
accrue against the PSC allowances annually specified for the pollock/
Atka mackerel/``other species'' fishery categories under Sec. Sec.
679.21(b)(1)(ii)(B) and (e)(3)(iv).
[[Page 13573]]
Table 22-Final 2020 and 2021 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits for
the BSAI \1\
----------------------------------------------------------------------------------------------------------------
2020 and 2021
AFA catcher 2020 and 2021 AFA catcher
PSC species and area \1\ Target fishery vessel PSC PSC limit after vessel PSC
category \2\ sideboard limit subtraction of sideboard limit
ratio PSQ reserves \3\ \3\
----------------------------------------------------------------------------------------------------------------
Halibut............................ Pacific cod trawl.... n/a n/a 887
Pacific cod hook-and- n/a n/a 2
line or pot.
Yellowfin sole total. n/a n/a 101
Rock sole/flathead n/a n/a 228
sole/Alaska plaice/
other flatfish \4\.
Greenland turbot/ n/a n/a ................
arrowtooth/Kamchatka/
sablefish.
Rockfish............. n/a n/a 2
Pollock/Atka mackerel/ n/a n/a 5
other species \5\.
Red king crab Zone 1............... n/a.................. 0.2990 86,621 25,900
C. opilio COBLZ.................... n/a.................. 0.1680 7,662,742 1,287,341
C. bairdi Zone 1................... n/a.................. 0.3300 875,140 288,796
C. bairdi Zone 2................... n/a.................. 0.1860 2,652,210 493,311
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ Target trawl fishery categories are defined at Sec. 679.21(b)(1)(ii)(B) and (e)(3)(iv).
\3\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\4\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
and yellowfin sole.
\5\ ``Other species'' for PSC monitoring includes skates, sculpins, sharks, and octopuses.
Response to Comments
NMFS received one letter raising one comment during the public
comment period for the proposed BSAI groundfish harvest specifications.
No changes were made to the final rule in response to the comment
letter received.
Comment 1: NMFS is allowing the massive taking of 2.0 million mt of
groundfish from the Bering Sea, Alaska, which should be cut by 50%
immediately, because the allocation is too high and is harming marine
mammals and other animals that rely on groundfish for food.
Response 1: The FMP and its implementing regulations require NMFS,
after consultation with the Council, to specify annually the TAC for
each target species or species group, and the sum of all TACs for all
groundfish species in the BSAI must be within the optimum yield (OY)
range of 1.4 million to 2.0 mt (see Sec. 679.20(a)(1)(i)(A)). For 2020
and 2021, the sum of all TACs is 2.0 million mt, which is the upper end
of the required OY range of 1.4 to 2.0 million mt. For each groundfish
species or species group in the BSAI, the Council and NMFS set annual
harvest levels for 2020 and 2021 based on the best available scientific
information on the biological condition of the groundfish species, the
status of ecosystem, and other socio-economic factors. NMFS's primary
objective in the harvest specifications process is the conservation and
management of fish resources for the Nation as a whole, and the annual
harvest specifications process is a key element to ensuring that Alaska
fisheries are sustainably managed in a controlled and orderly manner.
This process incorporates the best available scientific information
from the most recent SAFE reports, which include information on the
condition of each groundfish species and other ecosystem components,
such as marine mammals and seabirds. In addition, NMFS has considered
impacts on endangered and threatened species and marine mammals and has
developed measures to address those impacts. For example, there are a
broad suite of conservation and management measures in place to protect
Steller sea lions that were subject to consultation under Section 7 of
the Endangered Species Act, including those described at https://www.fisheries.noaa.gov/species/steller-sea-lion#management.
Classification
NMFS has determined that the final harvest specifications are
consistent with the FMP and with the Magnuson-Stevens Act and other
applicable laws.
This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Order 12866. This final 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 (see ADDRESSES) 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. In January
2020, NMFS prepared a Supplementary Information Report (SIR) for this
action. 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 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.
The SIR evaluates the need to prepare a Supplemental EIS (SEIS) for
the 2020 and 2021 groundfish harvest specifications. An SEIS should be
prepared if (1) the agency makes substantial changes in the proposed
action that are relevant to environmental concerns; or (2) significant
new circumstances or information exist relevant to environmental
concerns and bearing on the proposed action or its impacts (40 CFR
1502.9(c)(1)). After reviewing the information contained in the SIR and
SAFE reports, the Regional Administrator has determined that (1)
approval of the 2020 and 2021 harvest specifications, which were set
according to the preferred harvest strategy in the Final EIS, does not
constitute a substantial change in the action; and (2) there are no
significant new
[[Page 13574]]
circumstances or information relevant to environmental concerns and
bearing on the action or its impacts. Additionally, the 2020 and 2021
harvest specifications will result in environmental, social, and
economic impacts within the scope of those analyzed and disclosed in
the Final EIS. Therefore, an SEIS is not necessary to implement the
2020 and 2021 harvest specifications.
Section 604 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 604)
requires that, when an agency promulgates a final rule under 5 U.S.C.
553, after being required by that section, or any other law, to publish
a general notice of proposed rulemaking, the agency shall prepare a
final regulatory flexibility analysis (FRFA). The following constitutes
the FRFA prepared for the final action.
The required contents of a FRFA, as described in section 604, are:
(1) A statement of the need for, and objectives of, the rule; (2) a
statement of the significant issues raised by the public comments in
response to the initial regulatory flexibility analysis, a statement of
the assessment of the agency of such issues, and a statement of any
changes made in the proposed rule as a result of such comments; (3) the
response of the agency to any comments filed by the Chief Counsel for
Advocacy of the Small Business Administration in response to the
proposed rule, and a detailed statement of any change made to the
proposed rule in the final rule as a result of the comments; (4) a
description of and an estimate of the number of small entities to which
the rule will apply or an explanation of why no such estimate is
available; (5) a description of the projected reporting, recordkeeping,
and other compliance requirements of the rule, including an estimate of
the classes of small entities which will be subject to the requirement
and the type of professional skills necessary for preparation of the
report or record; and (6) a description of the steps the agency has
taken to minimize the significant economic impact on small entities
consistent with the stated objectives of applicable statutes, including
a statement of the factual, policy, and legal reasons for selecting the
alternative adopted in the final rule and why each one of the other
significant alternatives to the rule considered by the agency which
affect the impact on small entities was rejected.
A description of this action, its purpose, and its legal basis are
included at the beginning of the preamble to this final rule and are
not repeated here.
NMFS published the proposed rule on December 3, 2019 (84 FR 66129).
NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) to
accompany the proposed action, and included a summary in the proposed
rule. The comment period closed on January 2, 2020. No comments were
received on the IRFA or on the economic impacts of the rule more
generally. The Chief Counsel for Advocacy of the Small Business
Administration did not file any comments on the proposed rule.
The entities directly regulated by this action are those that
harvest groundfish in the exclusive economic zone of the BSAI and in
parallel fisheries within State waters. These include entities
operating catcher vessels and catcher/processors 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) 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.
Using the most recent data available (2018), the estimated number
of directly regulated small entities include approximately 182 catcher
vessels, three catcher/processors, and six CDQ groups. Some of these
vessels are members of AFA inshore pollock cooperatives, Gulf of Alaska
rockfish cooperatives, or BSAI Crab Rationalization Program
cooperatives, and, since under the RFA the aggregate gross receipts of
all participating members of the cooperative must meet the ``under $11
million'' threshold, the cooperatives are considered to be large
entities within the meaning of the RFA. Thus, the estimate of 182
catcher vessels may be an overstatement of the number of small
entities. Average gross revenues in 2018 were $520,000 for small hook-
and-line vessels, $1.2 million for small pot vessels, and $2.6 million
for small trawl vessels. The average gross revenue for catcher/
processors are not reported, due to confidentiality considerations.
This action does not modify recordkeeping or reporting
requirements.
The significant alternatives were those considered as alternative
harvest strategies when the Council selected its preferred harvest
strategy (Alternative 2) in December 2006. These included the
following:
Alternative 1: Alternative 1 set TAC to produce fishing
mortality rates, F, that are equal to maxFABC, unless the sum of the
TAC is constrained by the OY established in the FMP. This is equivalent
to setting TAC to produce harvest levels equal to the maximum
permissible ABC, as constrained by OY. The term ``maxFABC'' refers to
the maximum permissible value of FABC under Amendment 56 to the BSAI
and Gulf of Alaska groundfish fishery management plans. Historically,
the TAC has been set at or below the ABC; therefore, this alternative
represents a likely upper limit for setting the TAC within the OY and
ABC limits.
Alternative 3: For species in Tiers 1, 2, and 3,
Alternative 3 set TAC to produce F equal to the most recent 5-year
average actual F. For species in Tiers 4, 5, and 6, Alternative 3 set
TAC equal to the most recent 5-year average actual catch. For stocks
with a high level of scientific information, TAC would be set to
produce harvest levels equal to the most recent 5-year average actual
fishing mortality rates. For stocks with insufficient scientific
information, TAC would be set equal to the most recent 5-year average
actual catch. This alternative recognizes that for some stocks, catches
may fall well below ABC, and recent average F may provide a better
indicator of actual F than FABC does.
Alternative 4: First, Alternative 4 set TAC for rockfish
species in Tier 3 at F75%; set TAC for rockfish species in Tier 5 at F
= 0.5M; and set spatially explicit TAC for shortraker and rougheye
rockfish in the BSAI. Second, taking the rockfish TAC as calculated
above, Alternative 4 would reduce all other TAC by a proportion that
does not vary across species, so that the sum of all TAC, including
rockfish TAC, is equal to the lower bound of the area OY (1.4 million
mt in the BSAI). This alternative sets conservative and spatially
explicit TAC for rockfish species that are long-lived and late to
mature, and sets conservative TAC for the other groundfish species.
Alternative 5: Alternative 5 (No Action) set TAC at zero.
Alternative 2 is the preferred alternative chosen by the Council.
Alternative 2 set TACs that fall within the range of ABCs recommended
through the Council harvest specifications process and TACs recommended
by the Council. Under this scenario, F is set equal to a constant
fraction of maxFABC. The recommended fractions of maxFABC may vary
among species or stocks, based on other considerations unique to each.
[[Page 13575]]
This is the method for determining TACs that has been used in the past.
Alternatives 1, 3, 4, and 5 do not meet the objectives of this
action. Alternatives 1 and 3 may have a smaller adverse economic impact
on small entities than the preferred alternative, but would be
inconsistent with the objectives of this action. Alternatives 4 and 5
likely would have a significant adverse economic impact on small
entities. The Council rejected these alternatives as harvest strategies
in 2006, and the Secretary of Commerce did so in 2007.
Alternative 1 would lead to TAC limits whose sum exceeds the
fishery OY, which is set out in statute and the FMP. As shown in Table
1 and Table 2, the sum of ABCs in 2020 and 2021 would be 3,272,581 mt
and 3,020,278 mt, respectively. Both of these are substantially in
excess of the fishery OY for the BSAI. This result would be
inconsistent with the objectives of this action, in that it would
violate the Consolidated Appropriations Act of 2004, Public Law 108-
199, Division B, Title VIII, section 803(c), the FMP, and implementing
regulations (Sec. 679.20(a)(1)(i)(A)), which set a 2.0 million mt
maximum harvest for BSAI groundfish.
Alternative 3 selects harvest rates based on the most recent 5
years' worth of harvest rates (for species in Tiers 1 through 3) or
based on the most recent 5 years' worth of harvests (for species in
Tiers 4 through 6). This alternative is inconsistent with the
objectives of this action, as well as National Standard 2 of the
Magnuson-Stevens Act (16 U.S.C. 1851(a)(2)), because it does not take
into account the most recent biological information for this fishery.
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
category for each year in the SAFE report (see ADDRESSES).
Alternative 4 would lead to significantly lower harvests of all
groundfish species and would reduce TAC from the upper end of the OY
range in the BSAI to its lower end of 1.4 million mt. This result would
lead to significant reductions in harvests of species by small
entities. While reductions of this size could be associated with
offsetting price increases, the size of these increases is uncertain,
and, assuming volume decreases would lead to price increases, it is
unclear whether price increases would be sufficient to offset the
volume decreases and to leave revenues unchanged for small entities.
Thus, this alternative would have an adverse economic impact on small
entities, compared to the preferred alternative.
Alternative 5, which sets all harvests equal to zero, may address
conservation issues, but would have a significant adverse economic
impact on small entities and would be inconsistent with achieving OY on
a continuing basis, as mandated by the Magnuson-Stevens Act (16 U.S.C.
1851(a)(1)).
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).
Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for
Fisheries, NOAA, finds good cause to waive the 30-day delay in the date
of effectiveness for this rule because delaying this rule is contrary
to the public interest. The Plan Team review of the 2019 SAFE report
occurred in November 2019, and based on the 2019 SAFE report the
Council considered and recommended the final harvest specifications in
December 2019. Accordingly, NMFS's review of the final 2020 and 2021
harvest specifications could not begin until after the December 2019
Council meeting, and after the public had time to comment on the
proposed action.
If this rule's effectiveness is delayed, fisheries that might
otherwise remain open under these rules may prematurely close based on
the lower TACs established in the final 2019 and 2020 harvest
specifications (84 FR 9000, March 13, 2019). If implemented
immediately, this rule would allow these fisheries to continue fishing,
because some of the new TACs implemented by this rule are higher than
the TACs under which they are currently fishing.
In addition, immediate effectiveness of this action is required to
provide consistent management and conservation of fishery resources
based on the best available scientific information. This is
particularly pertinent for those species that have lower 2020 ABCs and
TACs than those established in the 2019 and 2020 harvest specifications
(84 FR 9000, March 13, 2019). If implemented immediately, this rule
would ensure that NMFS can properly manage those fisheries for which
this rule sets lower 2020 ABCs and TACs, which are based on the most
recent biological information on the condition of stocks, rather than
managing species under the higher TACs set in the previous year's
harvest specifications.
Certain fisheries, such as those for pollock and Pacific cod, are
intensive, fast-paced fisheries. Other fisheries, such as those for
flatfish, rockfish, skates, sharks, and octopuses, are critical as
directed fisheries and as incidental catch in other fisheries. U.S.
fishing vessels have demonstrated the capacity to catch the TAC
allocations in these fisheries. Any delay in allocating the final TAC
limits in these fisheries would cause confusion in the industry and
potential economic harm through unnecessary discards, thus undermining
the intent of this rule. Predicting which fisheries may close is
difficult because these fisheries are affected by several factors that
cannot be predicted in advance, including fishing effort, weather,
movement of fishery stocks, and market price. Furthermore, the closure
of one fishery has a cascading effect on other fisheries, for example
by freeing up fishing vessels, which would allow those vessels to move
from closed fisheries to open ones and lead to an increase in the
fishing capacity in those open fisheries, thereby causing those open
fisheries to close at an accelerated pace.
Additionally, in fisheries subject to declining sideboard limits,
delaying this rule's effectiveness could allow some vessels to
inadvertently reach or exceed their new sideboard limits. Because
sideboard limits are intended to protect traditional fisheries in other
sectors, allowing one sector to exceed its new sideboard limits by
delaying this rule's effectiveness would effectively reduce the
available catch for sectors that the sideboard limits are meant to
protect. Moreover, the new TACs and sideboard limits protect the
fisheries from being overfished. Thus, the delay is contrary to the
public interest in protecting traditional fisheries and fish stocks.
If the final harvest specifications are not effective by March 14,
2020, which is the start of the 2020 Pacific halibut season as
specified by the IPHC, the fixed gear sablefish fishery will not begin
concurrently with the Pacific halibut IFQ season. Delayed effectiveness
of this action would result in confusion for sablefish harvesters and
economic harm from unnecessary discard of sablefish that are caught
along with Pacific halibut, as both fixed gear sablefish and Pacific
halibut are managed under the same IFQ program. Immediate effectiveness
of the final 2020 and 2021 harvest specifications will allow the
sablefish IFQ fishery to begin concurrently with the Pacific halibut
IFQ season.
[[Page 13576]]
Finally, immediate effectiveness also would provide the fishing
industry the earliest possible opportunity to plan and conduct its
fishing operations with respect to new information about TAC limits.
Therefore, NMFS finds good cause to waive the 30-day delay in the date
of effectiveness under 5 U.S.C. 553(d)(3).
Small Entity Compliance Guide
This final rule is a plain language guide to assist small entities
in complying with this final rule as required by the Small Business
Regulatory Enforcement Fairness Act of 1996. This final rule's primary
purpose is to announce the final 2020 and 2021 harvest specifications
and prohibited species bycatch allowances for the groundfish fisheries
of the BSAI. This action is necessary to establish harvest limits and
associated management measures for groundfish during the 2020 and 2021
fishing years and to accomplish the goals and objectives of the FMP.
This action directly affects all fishermen who participate in the BSAI
fisheries. The specific amounts of OFL, ABC, TAC, and PSC amounts are
provided in tables to assist the reader. NMFS will announce closures of
directed fishing in the Federal Register and information bulletins
released by the Alaska Region. Affected fishermen should keep
themselves informed of such closures.
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: February 27, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020-04475 Filed 3-6-20; 8:45 am]
BILLING CODE 3510-22-P
