Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Final 2020 and 2021 Harvest Specifications for Groundfish, 13802-13830 [2020-04016]

Download as PDF khammond on DSKJM1Z7X2PROD with RULES 13802 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations or eighth year service milestone as set forth in § 54.320(d)(3): (i) Sixth year service milestone. Support will be recovered as follows after the sixth year service milestone grace period or if USAC later determines in the course of a compliance review that a support recipient does not have sufficient evidence to demonstrate that it was offering service to all of the locations required by the sixth year service milestone: (A) If an ETC has deployed to 95 percent or more of the Connect America Cost Model location count or the adjusted Connect America Cost Model location count if there are fewer locations, but less than 100 percent, USAC will recover an amount of support that is equal to 1.25 times the average amount of support per location received in the state for that ETC over the support term for the relevant number of locations; (B) If an ETC has deployed to 90 percent or more of the Connect America Cost Model location count or the adjusted Connect America Cost Model location count if there are fewer locations, but less than 95 percent, USAC will recover an amount of support that is equal to 1.5 times the average amount of support per location received in the state for that ETC over the support term for the relevant number of locations, plus 5 percent of the support recipient’s total Rural Digital Opportunity Fund support authorized over the 10-year support term for that state; (C) If an ETC has deployed to fewer than 90 percent of the Connect America Cost Model location count or the adjusted Connect America Cost Model location count if there are fewer locations, USAC will recover an amount of support that is equal to 1.75 times the average amount of support per location received in the state for that ETC over the support term for the relevant number of locations, plus 10 percent of the support recipient’s total Rural Digital Opportunity Fund support authorized over the 10-year support term for that state. (ii) Eighth year service milestone. If a Rural Digital Opportunity Fund support recipient is required to serve more new locations than determined by the Connect America Cost Model, support will be recovered as follows after the eighth year service milestone grace period or if USAC later determines in the course of a compliance review that a support recipient does not have sufficient evidence to demonstrate that it was offering service to all of the locations required by the eighth year service milestone: VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 (A) If an ETC has deployed to 95 percent or more of its new location count, but less than 100 percent, USAC will recover an amount of support that is equal to the average amount of support per location received in the state for that ETC over the support term for the relevant number of locations; (B) If an ETC has deployed to 90 percent or more of its new location count, but less than 95 percent, USAC will recover an amount of support that is equal to 1.25 times the average amount of support per location received in the state for that ETC over the support term for the relevant number of locations; (C) If an ETC has deployed to 85 percent or more of its new location count, but less than 90 percent, USAC will recover an amount of support that is equal to 1.5 times the average amount of support per location received in the state for that ETC over the support term for the relevant number of locations, plus 5 percent of the support recipient’s total Rural Digital Opportunity Fund support authorized over the 10-year support term for that state; (D) If an ETC has deployed to less than 85 percent of its new location count, USAC will recover an amount of support that is equal to 1.75 times the average amount of support per location received in the state for that ETC over the support term for the relevant number of locations, plus 10 percent of the support recipient’s total Rural Digital Opportunity Fund support authorized over the 10-year support term for that state. (2) Any support recipient that believes it cannot meet the third-year service milestone must notify the Wireline Competition Bureau within 10 business days of the third-year service milestone deadline and provide information explaining this expected deficiency. If a support recipient has not made such a notification by March 1 following the third-year service milestone, and has deployed to fewer than 20 percent of the required number of locations by the end of the third year, the recipient will immediately be in default and subject to support recovery. The Tier 4 status six-month grace period as set forth in § 54.320(d)(iv) will not be applicable. [FR Doc. 2020–03135 Filed 3–9–20; 8:45 am] BILLING CODE 6712–01–P PO 00000 Frm 00080 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 200221–0062] RIN 0648–XY201 Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; 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 Pacific halibut prohibited species catch limits for the groundfish fishery of the Gulf of Alaska (GOA). This action is necessary to establish harvest limits for groundfish during the 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 Gulf of Alaska. The 2020 harvest specifications supersede those previously set in the final 2019 and 2020 harvest specifications, and the 2021 harvest specifications will be superseded in early 2021 when the final 2021 and 2022 harvest specifications are published. The intended effect of this action is to conserve and manage the groundfish resources in the GOA in accordance with the Magnuson-Stevens Fishery Conservation and Management Act. DATES: Harvest specifications and closures are effective at 1200 hours, Alaska local time (A.l.t.), March 10, 2020, through 2400 hours, A.l.t., December 31, 2021. ADDRESSES: Electronic copies of the Final Alaska Groundfish Harvest Specifications Environmental Impact Statement (EIS), Record of Decision (ROD), the annual Supplementary Information Reports (SIRs) to the EIS, and the Initial Regulatory Flexibility Analysis (IRFA) prepared for this action are available from https:// alaskafisheries.noaa.gov. The 2019 Stock Assessment and Fishery Evaluation (SAFE) report for the groundfish resources of the GOA, dated November 2019, and SAFE reports for previous years are available from the North Pacific Fishery Management Council (Council) at 1007 West 3rd Avenue, Suite 400, Anchorage, AK SUMMARY: E:\FR\FM\10MRR1.SGM 10MRR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations 99501, phone 907–271–2809, or from the Council’s website at https:// www.npfmc.org. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the GOA groundfish fisheries in the exclusive economic zone of the GOA under the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP). The Council prepared the FMP under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq. Regulations governing U.S. fisheries and implementing the FMP appear at 50 CFR parts 600, 679, and 680. The FMP and its implementing regulations require that NMFS, after consultation with the Council, specify the total allowable catch (TAC) for each target species, the sum of which must be within the optimum yield (OY) range of 116,000 to 800,000 metric tons (mt) (50 CFR 679.20(a)(1)(i)(B)). Section 679.20(c)(1) further requires that NMFS publish and solicit public comment on proposed annual TACs and apportionments thereof, Pacific halibut prohibited species catch (PSC) limits, and seasonal allowances of pollock and Pacific cod. Upon consideration of public comment received under § 679.20(c)(1), NMFS must publish notice of final harvest specifications for up to two fishing years as annual TACs and apportionments, Pacific halibut PSC limits, and seasonal allowances of pollock and Pacific cod, per § 679.20(c)(3)(ii). The final harvest specifications set forth in Tables 1 through 29 of this rule reflect the outcome of this process, as required at § 679.20(c). The proposed 2020 and 2021 harvest specifications for groundfish of the GOA and Pacific halibut PSC limits were published in the Federal Register on December 3, 2019 (84 FR 66109). Comments were invited and accepted through January 2, 2020. NMFS received two letters of comment on the proposed harvest specifications; the comments are summarized and responded to in the ‘‘Comments and Responses’’ section of this rule. No changes were made to the final rule in response to the letters of comment received. In December 2019, NMFS consulted with the Council regarding the 2020 and 2021 harvest specifications. After considering public comment, as well as biological and socioeconomic data that were available at the Council’s December 2019 meeting, NMFS is implementing the final 2020 and 2021 harvest VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 specifications, as recommended by the Council. For 2020, the sum of the TAC amounts is 399,239 mt. For 2021, the sum of the TAC amounts is 407,982 mt. 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 overfishing level (OFL), Acceptable Biological Catch (ABC), and TAC for sculpins in the GOA groundfish harvest specifications. Under the Council’s recommended action, OFL, ABC, and TAC specifications for sculpins would no longer be required. NMFS intends to develop rulemaking to implement the Council’s recommendation for sculpins. Such rulemaking would prohibit directed fishing for sculpins, maintain recordkeeping and reporting, and establish a sculpin maximum retainable amount when directed fishing for groundfish species at 20 percent to discourage retention, while allowing flexibility to prosecute groundfish fisheries. Further details (and public comment on the sculpin action) will be available on publication of the proposed rule to reclassify sculpins as an ecosystem component species of the FMP. If the FMP amendment and its implementing regulations are approved by the Secretary of Commerce, the action is anticipated to be effective in 2021. Until effective, NMFS will continue to publish OFLs, ABCs, and TACs for sculpins in the GOA groundfish harvest specifications. Final Rulemaking To Prohibit Directed Fishing for American Fisheries Act (AFA) and Crab Rationalization (CR) Program Sideboard Limits On February 8, 2019, NMFS published a final rule (84 FR 2723) that modified regulations for the AFA Program and CR Program participants subject to limits on the catch of specific species (sideboard limits) in the GOA. Sideboard limits are intended to prevent participants who benefit from receiving exclusive harvesting privileges in a particular fishery from shifting effort to other fisheries. Specifically, the final rule established regulations to prohibit directed fishing for most groundfish species or species groups subject to sideboard limits under the AFA Program and CR Program, rather than PO 00000 Frm 00081 Fmt 4700 Sfmt 4700 13803 prohibiting directed fishing through the annual GOA harvest specifications. Since the final rule is now effective, NMFS is no longer publishing in the annual GOA harvest specifications the AFA Program and CR Program sideboard limit amounts for groundfish species or species groups subject to the final rule. Those groundfish species subject to the final rule associated with sideboard limits are now prohibited to directed fishing in regulation (§§ 679.20(d)(1)(iv)(D) and 680.22(e)(1)(i) and (iii) and Tables 54, 55, and 56 to 50 CFR part 679). NMFS is publishing in the annual GOA harvest specifications the AFA Program and CR Program sideboard limit amounts for groundfish species or species groups that were not subject to the final rule (see Tables 18, 19, 21 and 22 of this action). Proposed Revisions to the GOA Pollock Seasons and Pacific Cod Seasonal Allocations In June 2019, the Council recommended for Secretarial review Amendment 109 to the FMP. Amendment 109 would revise pollock seasons and Pacific cod seasonal allocations. Amendment 109 would modify the existing annual pollock TAC allocation to two equal seasonal allocations (50 percent of TAC), rather than four equal seasonal allocations (25 percent of TAC). The pollock A and B seasons would be combined into a January 20 through May 31 A season, and the pollock C and D seasons would be combined into a September 1 through November 1 B season. Additionally, Amendment 109 would revise the Pacific cod TAC seasonal apportionments to the trawl catcher vessel (CV) sector by increasing the A season allocation and decreasing the B season allocation. Further details (and public comment on Amendment 109) will be available on publication of the proposed rule to implement Amendment 109. If Amendment 109 and its implementing regulations are approved by the Secretary of Commerce, the action is anticipated to be effective in 2021. ABC and TAC Specifications In December 2019, the Council’s Scientific and Statistical Committee (SSC), its Advisory Panel (AP), and the Council reviewed the most recent biological and harvest information about the condition of the GOA groundfish stocks. The Council’s GOA Groundfish Plan Team (Plan Team) compiled and presented this information in the 2019 SAFE report for the GOA groundfish fisheries, dated November 2019 (see E:\FR\FM\10MRR1.SGM 10MRR1 khammond on DSKJM1Z7X2PROD with RULES 13804 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations ADDRESSES). The SAFE report contains a review of the latest scientific analyses and estimates of each species’ biomass and other biological parameters, as well as summaries of the available information on the GOA ecosystem and the economic condition of the groundfish fisheries off Alaska. From these data and analyses, the Plan Team recommends, and the SSC sets, an OFL and ABC for each species or species group. The 2019 SAFE report was made available for public review during the public comment period for the proposed harvest specifications. In previous years, the greatest changes from the proposed to the final harvest specifications have been based on recent NMFS stock surveys, which provide updated estimates of stock biomass and spatial distribution, and changes to the models used for producing stock assessments. At the November 2019 Plan Team meeting, NMFS scientists presented updated and new survey results, changes to stock assessment models, and accompanying stock assessment estimates for groundfish species and species groups that are included in the 2019 SAFE report per the stock assessment schedule found in the 2019 SAFE report introduction. The SSC reviewed this information at the December 2019 Council meeting. Changes from the proposed to the final 2020 and 2021 harvest specifications are discussed below. The final 2020 and 2021 OFLs, ABCs, and TACs are based on the best available biological and socioeconomic information, including projected biomass trends, information on assumed distribution of stock biomass, and revised methods used to calculate stock biomass. The FMP specifies the formulas, or tiers, to be used to compute OFLs and ABCs. The formulas applicable to a particular stock or stock complex are determined by the level of reliable information available to fisheries scientists. This information is categorized into a successive series of six tiers to define OFL and ABC amounts, with Tier 1 representing the highest level of information quality available and Tier 6 representing the lowest level of information quality available. The Plan Team used the FMP tier structure to calculate OFL and ABC amounts for each groundfish species. The SSC adopted the final 2020 and 2021 OFLs and ABCs recommended by the Plan Team for most groundfish species, with the exception of sablefish and Pacific cod. For sablefish, as discussed in the proposed 2020 and 2021 harvest specifications (84 FR 66109, December 3, 2019) the SSC considered the VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 appropriateness of continuing to specify sablefish OFLs at the separate Bering Sea, Aleutian Islands, and 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. For Pacific cod, the SSC accepted the Plan Team’s recommendation for the 2020 Pacific cod ABC, but also decreased the 2021 ABC to equal the lower 2020 ABC. There is considerable uncertainty about future Pacific cod recruitment and potential effects of the recent marine heat wave on Pacific cod mortality. The 2020 Pacific cod assessment should provide more clarity about future trends. The Council adopted the SSC’s OFLs and ABCs and the AP’s TAC recommendations, with the exception of Pacific cod TACs (further described below). The final TAC recommendations are based on the ABCs as adjusted for other biological and socioeconomic considerations, including maintaining the sum of all TACs within the required OY range of 116,000 to 800,000 mt. The Council recommended 2020 and 2021 TACs that are equal to ABCs for pollock in the Southeast Outside (SEO) District, shallow-water flatfish in the Central GOA and the West Yakutat and SEO Districts, deep-water flatfish, rex sole, arrowtooth flounder in the Central GOA, flathead sole in the West Yakutat and SEO Districts, Pacific ocean perch, northern rockfish, shortraker rockfish, dusky rockfish, rougheye and blackspotted rockfish, demersal shelf rockfish, thornyhead rockfish, ‘‘other rockfish,’’ big skate, longnose skate, other skates, sculpins, sharks, and octopuses in the GOA. The Council recommended TACs for 2020 and 2021 that are less than the ABCs for pollock in the Western and Central GOA and the West Yakutat District, Pacific cod, shallow-water flatfish in the Western GOA, arrowtooth flounder in the PO 00000 Frm 00082 Fmt 4700 Sfmt 4700 Western GOA and the West Yakutat and SEO Districts, flathead sole in the Western and Central GOA, and Atka mackerel. The Council recommended 2020 sablefish TACs that are less than the 2020 ABCs, and 2021 sablefish TACs that are equal to 2021 ABCs. Setting the 2020 sablefish TACs less than 2020 ABCs is intended to provide an incremental increase to the 2020 sablefish TACs, rather than the very large increase in the 2020 sablefish TACs if they were set equal to ABCs. The combined Western, Central, and West Yakutat pollock TAC and the GOA Pacific cod TACs are set to accommodate the State of Alaska’s (State’s) guideline harvest levels (GHLs) so that the ABCs for pollock and Pacific cod are not exceeded. Additionally, the Council recommended a further decrease to the Pacific cod TACs as an additional conservation measure due to this stock’s low spawning biomass level (further discussed in the section titled ‘‘Specification and Apportionment of TAC Amounts’’). The Western GOA shallow-water flatfish, Western GOA arrowtooth flounder, and Western GOA flathead sole TACs are set to allow for increased harvest opportunities for these target species while conserving the halibut PSC limit for use in other, more fully utilized fisheries. Similarly, the Western Yakutat and SEO Districts arrowtooth flounder TACs and the Central GOA flathead sole TACs are set lower than ABC to conserve halibut PSC limit for use in other fisheries or because there is limited commercial interest and participation in these fisheries. The Atka mackerel TAC is set to accommodate incidental catch amounts in other fisheries. The final 2020 and 2021 harvest specifications approved by the Secretary of Commerce are unchanged from those recommended by the Council, and are consistent with the preferred harvest strategy alternative in the EIS (see ADDRESSES). NMFS finds that the Council’s recommended OFLs, ABCs, and TACs are consistent with the biological condition of the groundfish stocks as described in the final 2019 SAFE report. NMFS also finds that the Council’s recommendations for OFLs, ABCs, and TACs are consistent with the biological condition of groundfish stocks as adjusted for other biological and socioeconomic considerations, including maintaining the total TAC within the OY range. NMFS reviewed the Council’s recommended TACs and apportionments, and NMFS approves these harvest specifications under 50 CFR 679.20(c)(3)(ii). The apportionment of TAC amounts among gear types and E:\FR\FM\10MRR1.SGM 10MRR1 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES sectors, processing sectors, and seasons is discussed below. Tables 1 and 2 list the final 2020 and 2021 OFLs, ABCs, TACs, and area apportionments of groundfish in the GOA. 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 9416, March 14, 2019). The 2021 harvest specifications 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 Gulf of Alaska for approximately one year. Specification and Apportionment of TAC Amounts NMFS’s apportionment of groundfish species is based on the distribution of biomass among the regulatory areas over which NMFS manages the species. Additional regulations govern the apportionment of pollock, Pacific cod, and sablefish and are described below. The ABC for the pollock stock in the combined Western and Central Regulatory Areas and the West Yakutat (WYK) District of the Eastern Regulatory Area (the W/C/WYK) includes the amount for the GHL established by the State for the Prince William Sound (PWS) pollock fishery. The Plan Team, SSC, AP, and Council have recommended that the sum of all State water and Federal water pollock removals from the GOA not exceed ABC recommendations. For 2020 and 2021, the SSC recommended and the Council approved the W/C/WYK pollock ABC, including the amount to account for the State’s PWS GHL. At the November 2019 Plan Team meeting, State fisheries managers recommended setting the PWS pollock GHL at 2.5 percent of the annual W/C/WYK pollock ABC. For 2020, this yields a PWS pollock GHL of 2,712 mt, a decrease of 684 mt from the 2019 PWS pollock GHL of 3,396 mt. For 2021, the PWS pollock GHL is 2,797 mt, a decrease of 599 mt from the 2019 PWS pollock GHL of 3,396 mt. After the GHL reductions, the 2020 and 2021 pollock ABCs for the combined W/C/WYK areas VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 are then apportioned between four statistical areas (Areas 610, 620, 630, and 640) as both ABCs and TACs, as described below and detailed in Tables 1 and 2. The total ABCs and TACs for the four statistical areas, plus the State PWS GHL, do not exceed the combined W/C/WYK ABC. Apportionments of pollock to the W/ C/WYK areas are considered to be ‘‘apportionments of annual catch limits (ACLs)’’ rather than ‘‘ABCs.’’ This more accurately reflects that such apportionments address management, rather than biological or conservation, concerns. In addition, apportionments of the ACL in this manner allow NMFS to balance any transfer of TAC among Areas 610, 620, and 630 pursuant to § 679.20(a)(5)(iv)(B) to ensure that the combined W/C/WYK ACL, ABC, and TAC are not exceeded. NMFS establishes pollock TACs in the Western (Area 610) and Central (Areas 620 and 630) Regulatory Areas and the West Yakutat (Area 640) and the SEO (Area 650) Districts of the GOA (see Tables 1 and 2). NMFS also establishes seasonal apportionments of the annual pollock TACs in the Western and Central Regulatory Areas of the GOA among Statistical Areas 610, 620, and 630. These apportionments are divided equally among each of the following four seasons: The A season (January 20 through March 10), the B season (March 10 through May 31), the C season (August 25 through October 1), and the D season (October 1 through November 1) (§§ 679.23(d)(2)(i) through (iv), and 679.20(a)(5)(iv)(A) and (B)). Additional detail is provided in this rule; Tables 3 and 4 list these amounts. The 2020 and 2021 Pacific cod TACs are set to accommodate the State’s GHL for Pacific cod in State waters in the Western and Central Regulatory Areas, as well as in PWS. The Plan Team, SSC, AP, and Council recommended that the sum of all State water and Federal water Pacific cod removals from the GOA not exceed ABC recommendations. The Council set the 2020 and 2021 Pacific cod TACs in the Western, Central, and Eastern Regulatory Areas to account for State GHLs. Therefore, the 2020 and 2021 Pacific cod TACs are less than the ABCs by the following amounts: (1) Western GOA, 2,866 mt; (2) Central GOA, 4,652 mt; and (3) Eastern GOA, 672 mt. These amounts reflect the State’s 2020 and 2021 GHLs in these areas, which are 30 percent of the Western GOA ABC and 25 percent of the Eastern and Central GOA ABCs. For 2020, this results in a Western GOA Pacific cod GHL of 1,483 mt. This also results in a 2,115 mt GHL and 305 mt GHL in the Central GOA and Eastern PO 00000 Frm 00083 Fmt 4700 Sfmt 4700 13805 GOA, respectively. The 2020 and 2021 Pacific cod TACs also incorporate an additional reduction from the Pacific cod ABCs, as the Council and NMFS have set the Pacific cod TACs at a conservative level of 60 percent of the available ABCs, after deduction of the State GHL amounts. The Council chose, and NMFS agrees, to make this additional reduction to the Pacific cod TAC because the most recent biological assessment available of the stock condition for Pacific cod in the GOA has determined that the spawning biomass will be below 20 percent of the projected unfished spawning biomass during 2020. NMFS establishes seasonal apportionments of the annual Pacific cod TAC in the Western and Central Regulatory Areas. Sixty percent of the annual TAC is apportioned to the A season for hook-and-line, pot, and jig gear from January 1 through June 10, and for trawl gear from January 20 through June 10. Forty percent of the annual TAC is apportioned to the B season for jig gear from June 10 through December 31, for hook-and-line and pot gear from September 1 through December 31, and for trawl gear from September 1 through November 1 (§§ 679.23(d)(3) and 679.20(a)(12)). The Western and Central GOA Pacific cod TACs are allocated among various gear and operational sectors. The Pacific cod sector apportionments are discussed in detail in a subsequent section and in Tables 5 and 6 of this rule. In accordance with § 679.20(d)(4), NMFS has determined that a biological assessment of stock condition for Pacific cod in the GOA projects that the spawning biomass in the GOA will be below 20 percent of the projected unfished spawning biomass during 2020. Consequently, NMFS prohibited directed fishing for Pacific cod in the GOA on January 1, 2020, through December 31, 2020 (84 FR 70438, December 23, 2019). While this closure is effective the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. Pursuant to § 679.20(d)(4), the directed fishery for Pacific cod in the GOA will remain closed until a subsequent biological assessment projects that the spawning biomass for Pacific cod in the GOA will exceed 20 percent of the projected unfished spawning biomass during a fishing year. The Council’s recommendation for sablefish area apportionments takes into account the prohibition on the use of trawl gear in the SEO District of the Eastern Regulatory Area (§ 679.7(b)(1)) and makes available 5 percent of the combined Eastern Regulatory Area E:\FR\FM\10MRR1.SGM 10MRR1 13806 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations TACs to vessels using trawl gear for use as incidental catch in other trawl groundfish fisheries in the WYK District (§ 679.20(a)(4)(i)). Tables 7 and 8 list the final 2020 and 2021 allocations of sablefish TAC to fixed gear and trawl gear in the GOA. Changes From the Proposed 2020 and 2021 Harvest Specifications in the GOA In October 2019, the Council’s recommendations for the proposed 2020 and 2021 harvest specifications (84 FR 66109, December 3, 2019) were based largely on information contained in the final 2018 SAFE report for the GOA groundfish fisheries, dated November 2018. The final 2018 SAFE report for the GOA is available from the Council (see ADDRESSES). The Council proposed that the final OFLs, ABCs, and TACs established for the 2020 groundfish fisheries (84 FR 9416, March 14, 2019) be used for the proposed 2020 and 2021 harvest specifications (84 FR 66109, December 3, 2019), pending completion and review of the 2019 SAFE report at the Council’s December 2019 meeting. As described previously, the SSC recommended the final 2020 and 2021 OFLs and ABCs as recommended by the Plan Team. The Council adopted as its recommendations the SSC’s OFL and ABC recommendations and the AP’s TAC recommendations (except for Pacific cod) for 2020 and 2021. The final 2020 ABCs are higher than the proposed 2020 ABCs published in the proposed 2020 and 2021 harvest specifications (84 FR 66109, December 3, 2019) for pollock, sablefish, rex sole, Pacific ocean perch, northern rockfish, dusky rockfish, big skate, and octopuses. The final 2020 ABCs are lower than the proposed 2020 ABCs for Pacific cod, shallow-water flatfish, deep-water flatfish, arrowtooth flounder, flathead sole, shortraker rockfish, rougheye/blackspotted rockfish, demersal shelf rockfish, other rockfish, longnose skate, other skates, and sculpins. The final 2021 ABCs are higher than the proposed 2021 ABCs for pollock, sablefish, shallow-water flatfish, rex sole, flathead sole, Pacific ocean perch, big skate, and octopuses. The final 2021 ABCs are lower than the proposed 2021 ABCs for Pacific cod, deep-water flatfish, arrowtooth flounder, northern rockfish, shortraker rockfish, dusky rockfish, rougheye/blackspotted rockfish, demersal shelf rockfish, other rockfish, longnose skates, other skates, and sculpins. For the remaining target species, the Council recommended the final 2020 and 2021 ABCs that are the same as the proposed 2020 and 2021 ABCs. Additional information explaining the changes between the proposed and final ABCs is included in the final 2019 SAFE report, which was not available when the Council made its proposed ABC and TAC recommendations in October 2019. At that time, the most recent stock assessment information was contained in the final 2018 SAFE report. The final 2019 SAFE report contains the best and most recent scientific information on the condition of the groundfish stocks, as previously discussed in this preamble, and is available for review (see ADDRESSES). The Council considered the 2019 SAFE report in December 2019 when it made recommendations for the final 2020 and 2021 harvest specifications. In the GOA, the total final 2020 TAC amount is 399,239 mt, a decrease of 2 percent from the total proposed 2020 TAC amount of 408,534 mt. The total final 2021 TAC amount is 407,982 mt, a decrease of 0.1 percent from the total proposed 2021 TAC amount of 408,534 mt. Table 1a summarizes the difference between the proposed and final TACs. Annual stock assessments incorporate a variety of new or revised inputs, such as survey data or catch information, as well as changes to the statistical models used to estimate a species’ biomass and population trend. Changes to biomass and ABC estimates are primarily based on fishery catch updates to species’ assessment models. Some species, such as pollock and sablefish, have additional surveys conducted on an annual basis, which resulted in additional data being available for the 2019 assessments for these stocks. The changes from the proposed 2020 TACs to the final 2020 TACs are within a range of plus 13 percent or minus 59 percent, and the changes from the proposed 2021 TACs to the final 2021 TACs are within a range of plus 44 percent or minus 59 percent. Based on changes in the estimates of overall biomass in the stock assessment for 2020 and 2021, as compared to the estimates previously made for 2019 and 2020, the species or species group with the greatest TAC percentage increases are sablefish (in 2021), Pacific ocean perch, and big skate. Based on changes in the estimates of biomass, the species or species group with the greatest decreases in TACs are Pacific cod, deepwater flatfish, shortraker rockfish, rougheye/blackspotted rockfish, other rockfish, longnose skates, and other skates. For all other species and species groups, changes from the proposed 2020 TACs to the final 2020 TACs and changes from the proposed 2021 TACs to the final 2021 TACs are less than a 10 percent change (either increase or decrease). These TAC changes correspond to associated changes in the ABCs and TACs, as recommended by the SSC, AP, and Council. Detailed information providing the basis for the changes described above is contained in the final 2019 SAFE report. The final TACs are based on the best scientific information available, including biological and socioeconomic information. These TACs are specified in compliance with the harvest strategy described in the proposed and final rules for the 2020 and 2021 harvest specifications. TABLE 1A—COMPARISON OF PROPOSED AND FINAL 2020 AND 2021 GOA TOTAL ALLOWABLE CATCH LIMITS [Values are rounded to the nearest metric ton and percentage] 2020 and 2021 proposed TAC khammond on DSKJM1Z7X2PROD with RULES Species Pollock ........................................................... Pacific cod ..................................................... Sablefish ........................................................ Shallow-water flatfish .................................... Deep-water flatfish ........................................ Rex sole ........................................................ Arrowtooth flounder ....................................... Flathead sole ................................................. Pacific ocean perch ....................................... Northern rockfish ........................................... Shortraker rockfish ........................................ Dusky rockfish ............................................... VerDate Sep<11>2014 18:24 Mar 09, 2020 Jkt 250001 2020 final TAC 114,943 15,709 15,462 43,606 9,624 14,725 96,875 26,587 27,652 4,269 863 3,670 PO 00000 115,930 6,431 14,393 44,864 6,030 14,878 96,969 28,262 31,238 4,311 708 3,676 Frm 00084 Fmt 4700 2020 final minus 2020 proposed TAC Percentage difference 987 ¥9,278 ¥1,069 1,258 ¥3,594 153 94 1,675 3,586 42 ¥155 6 Sfmt 4700 2021 final TAC 1 ¥59 ¥7 3 ¥37 1 0 6 13 1 ¥18 0 E:\FR\FM\10MRR1.SGM 119,239 6,431 22,252 45,403 5,926 15,416 94,983 28,386 29,983 4,106 708 3,598 10MRR1 2021 final minus 2021 proposed TAC 4,296 ¥9,278 6,790 1,797 ¥3,698 691 ¥1,892 1,799 2,331 ¥163 ¥155 ¥72 Percentage difference 4 ¥59 44 4 ¥38 5 ¥2 7 8 ¥4 ¥18 ¥2 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations 13807 TABLE 1A—COMPARISON OF PROPOSED AND FINAL 2020 AND 2021 GOA TOTAL ALLOWABLE CATCH LIMITS—Continued [Values are rounded to the nearest metric ton and percentage] 2020 and 2021 proposed TAC Species 2020 final minus 2020 proposed TAC 2020 final TAC Percentage difference 2021 final TAC 2021 final minus 2021 proposed TAC Percentage difference Rougheye/blackspotted rockfish ................... Demersal shelf rockfish ................................. Thornyhead rockfish ...................................... Other rockfish ................................................ Atka mackerel ............................................... Big skate ....................................................... Longnose skate ............................................. Other skates .................................................. Sculpins ......................................................... Sharks ........................................................... Octopuses ..................................................... 1,414 261 2,016 5,594 3,000 2,848 3,572 1,384 5,301 8,184 975 1,209 238 2,016 4,053 3,000 3,208 2,587 875 5,199 8,184 980 ¥205 ¥23 0 ¥1,541 0 360 ¥985 ¥509 ¥102 0 5 ¥14 ¥9 0 ¥28 0 13 ¥28 ¥37 ¥2 0 1 1,211 238 2,016 4,053 3,000 3,208 2,587 875 5,199 8,184 980 ¥203 ¥23 0 ¥1,541 0 360 ¥985 ¥509 ¥102 0 5 ¥14 ¥9 0 ¥28 0 13 ¥28 ¥37 ¥2 0 1 Total .............................................................. 408,534 399,239 ¥9,295 ¥2 407,982 ¥552 ¥0.1 The final 2020 and 2021 TAC amounts for the GOA are within the OY range established for the GOA and do not exceed the ABC for any species or species group. Tables 1 and 2 list the final OFL, ABC, and TAC amounts for GOA groundfish for 2020 and 2021, respectively. TABLE 1—FINAL 2020 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST YAKUTAT, WESTERN, CENTRAL, EASTERN REGULATORY AREAS, THE WEST YAKUTAT AND SOUTHEAST OUTSIDE DISTRICTS OF THE EASTERN REGULATORY AREA, AND GULFWIDE DISTRICTS OF THE GULF OF ALASKA [Values are rounded to the nearest metric ton] Species Area 1 Pollock 2 .......................................................... Shumagin (610) .............................................. Chirikof (620) .................................................. Kodiak (630) ................................................... WYK (640) ...................................................... W/C/WYK (subtotal) 2 ..................................... SEO (650) ...................................................... n/a n/a n/a n/a 140,674 13,531 19,175 54,456 26,597 5,554 108,494 10,148 19,175 54,456 26,597 5,554 105,782 10,148 Total ........................................................ W .................................................................... C ..................................................................... E ..................................................................... 154,205 n/a n/a n/a 118,642 4,942 8,458 1,221 115,930 2,076 3,806 549 Total ........................................................ W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ E (WYK and SEO) (subtotal) ......................... 17,794 n/a n/a n/a n/a n/a 14,621 2,278 7,560 2,521 4,524 7,045 6,431 1,942 6,445 2,343 3,663 6,006 Total ........................................................ W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ 50,481 n/a n/a n/a n/a 16,883 23,849 27,732 2,773 1,109 14,393 13,250 27,732 2,773 1,109 Total ........................................................ W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ 68,010 n/a n/a n/a n/a 55,463 226 1,948 2,105 1,751 44,864 226 1,948 2,105 1,751 Total ........................................................ W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ 7,163 n/a n/a n/a n/a 6,030 2,901 8,579 1,174 2,224 6,030 2,901 8,579 1,174 2,224 Total ........................................................ W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ 18,127 n/a n/a n/a ........................ 14,878 31,455 68,669 10,242 17,694 14,878 14,500 68,669 6,900 6,900 Pacific cod 3 .................................................... Sablefish 4 ....................................................... Shallow-water flatfish 5 .................................... Deep-water flatfish 6 ........................................ khammond on DSKJM1Z7X2PROD with RULES Rex sole .......................................................... Arrowtooth flounder ......................................... VerDate Sep<11>2014 18:24 Mar 09, 2020 Jkt 250001 PO 00000 Frm 00085 Fmt 4700 OFL Sfmt 4700 E:\FR\FM\10MRR1.SGM ABC 10MRR1 TAC 13808 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations TABLE 1—FINAL 2020 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST YAKUTAT, WESTERN, CENTRAL, EASTERN REGULATORY AREAS, THE WEST YAKUTAT AND SOUTHEAST OUTSIDE DISTRICTS OF THE EASTERN REGULATORY AREA, AND GULFWIDE DISTRICTS OF THE GULF OF ALASKA—Continued [Values are rounded to the nearest metric ton] Area 1 Species Flathead sole .................................................. Pacific ocean perch 7 ...................................... Northern rockfish 8 .......................................... Shortraker rockfish 9 ........................................ Dusky rockfish 10 ............................................. Rougheye and Blackspotted rockfish 11 .......... Demersal shelf rockfish 12 ............................... Thornyhead rockfish ....................................... Other rockfish 13 14 .......................................... Atka mackerel ................................................. Big skate 15 ...................................................... khammond on DSKJM1Z7X2PROD with RULES Longnose skate 16 ........................................... Other skates 17 ................................................ Sculpins ........................................................... Sharks ............................................................. Octopus ........................................................... Total ......................................................... OFL ABC TAC Total ........................................................ W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ 153,017 n/a n/a n/a n/a 128,060 13,783 20,201 2,354 1,858 96,969 8,650 15,400 2,354 1,858 Total ........................................................ W .................................................................... C ..................................................................... WYK ............................................................... W/C/WYK subtotal ......................................... SEO ................................................................ 46,572 n/a n/a n/a 31,567 5,525 38,196 1,437 23,678 1,470 26,585 4,653 28,262 1,437 23,678 1,470 26,585 4,653 Total ........................................................ W .................................................................... C ..................................................................... E ..................................................................... 37,092 n/a n/a n/a 31,238 1,133 3,178 1 31,238 1,133 3,178 ........................ Total ........................................................ W .................................................................... C ..................................................................... E ..................................................................... 5,143 n/a n/a n/a 4,312 52 284 372 4,311 52 284 372 Total ........................................................ W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ 944 n/a n/a n/a n/a 708 776 2,746 115 39 708 776 2,746 115 39 Total ........................................................ W .................................................................... C ..................................................................... E ..................................................................... 4,492 n/a n/a n/a 3,676 168 455 586 3,676 168 455 586 Total ........................................................ SEO ................................................................ W .................................................................... C ..................................................................... E ..................................................................... 1,452 375 n/a n/a n/a 1,209 238 326 911 779 1,209 238 326 911 779 Total ............................................................ W and C ......................................................... WYK ............................................................... SEO ................................................................ 2,688 n/a n/a n/a 2,016 940 369 2,744 2,016 940 369 2,744 Total ........................................................ GW ................................................................. W .................................................................... C ..................................................................... E ..................................................................... 5,320 6,200 n/a n/a n/a 4,053 4,700 758 1,560 890 4,053 3,000 758 1,560 890 Total ............................................................... W .................................................................... C ..................................................................... E ..................................................................... 4,278 n/a n/a n/a 3,208 158 1,875 554 3,208 158 1,875 554 Total ........................................................ ................................................................. ................................................................. ................................................................. ................................................................. 3,449 1,166 6,932 10,913 1,307 2,587 875 5,199 8,184 980 2,587 875 5,199 8,184 980 ......................................................................... 607,120 465,956 399,239 GW GW GW GW 1 Regulatory areas and districts are defined at § 679.2. (W = Western Gulf of Alaska; C = Central Gulf of Alaska; E = Eastern Gulf of Alaska; WYK = West Yakutat District; SEO = Southeast Outside District; GW = Gulf-wide). VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 PO 00000 Frm 00086 Fmt 4700 Sfmt 4700 E:\FR\FM\10MRR1.SGM 10MRR1 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations 13809 2 The total for the W/C/WYK Regulatory Areas pollock ABC is 108,494 mt. After deducting 2.5 percent (2,712 mt) of that ABC for the State’s pollock GHL fishery, the remaining pollock ABC of 105,782 mt (for the W/C/WYK Regulatory Areas) is apportioned among four statistical areas (Areas 610, 620, 630, and 640). These apportionments are considered subarea ACLs, rather than ABCs, for specification and reapportionment purposes. The ACLs in Areas 610, 620, and 630 are further divided by season, as detailed in Table 3 (final 2020 seasonal biomass distribution of pollock in the Western and Central Regulatory Areas, area apportionments, and seasonal allowances). In the West Yakutat (Area 640) and Southeast Outside (Area 650) Districts of the Eastern Regulatory Area, pollock is not divided into seasonal allowances. 3 The annual Pacific cod TAC is apportioned 60 percent to the A season and 40 percent to the B season in the Western and Central Regulatory Areas of the GOA. Pacific cod TAC in the Eastern Regulatory Area of the GOA is allocated 90 percent to vessels harvesting Pacific cod for processing by the inshore component and 10 percent to vessels harvesting Pacific cod for processing by the offshore component. Table 5 lists the final 2020 Pacific cod seasonal apportionments and sector allocations. 4 The sablefish OFL is set Alaska-wide. Additionally, sablefish is allocated to trawl and fixed gear in 2020 and trawl gear in 2021. Table 7 lists the final 2020 allocations of sablefish TACs. 5 ‘‘Shallow-water flatfish’’ means flatfish not including ‘‘deep-water flatfish,’’ flathead sole, rex sole, or arrowtooth flounder. 6 ‘‘Deep-water flatfish’’ means Dover sole, Greenland turbot, Kamchatka flounder, and deepsea sole. 7 ‘‘Pacific ocean perch’’ means Sebastes alutus. 8 ‘‘Northern rockfish’’ means Sebastes polyspinis. For management purposes, the 1 mt apportionment of ABC to the WYK District of the Eastern Gulf of Alaska has been included in the ‘‘other rockfish’’ species group. 9 ‘‘Shortraker rockfish’’ means Sebastes borealis. 10 ‘‘Dusky rockfish’’ means Sebastes variabilis. 11 ‘‘Rougheye and blackspotted rockfish’’ means Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted). 12 ‘‘Demersal shelf rockfish’’ means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye). 13 ‘‘Other rockfish’’ means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus (vermilion), S. reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). In the Eastern GOA only, other rockfish also includes northern rockfish, S. polyspinis. 14 ‘‘Other rockfish’’ in the Western and Central Regulatory Areas and in the West Yakutat District means other rockfish and demersal shelf rockfish. The ‘‘other rockfish’’ species group in the SEO District only includes other rockfish. 15 ‘‘Big skate’’ means Raja binoculata. 16 ‘‘Longnose skate’’ means Raja rhina. 17 ‘‘Other skates’’ means Bathyraja and Raja spp. TABLE 2—FINAL 2021 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST YAKUTAT, WESTERN, CENTRAL, EASTERN REGULATORY AREAS, THE WEST YAKUTAT AND SOUTHEAST OUTSIDE DISTRICTS OF THE EASTERN REGULATORY AREA, AND GULFWIDE DISTRICTS OF THE GULF OF ALASKA [Values are rounded to the nearest metric ton] Species Area 1 Pollock 2 .......................................................... Shumagin (610) .............................................. Chirikof (620) .................................................. Kodiak (630) ................................................... WYK (640) ...................................................... W/C/WYK (subtotal) 2 ..................................... SEO (650) ...................................................... n/a n/a n/a n/a 149,988 13,531 19,775 56,159 27,429 5,728 111,888 10,148 19,775 56,159 27,429 5,728 109,091 10,148 Total ........................................................ W .................................................................... C ..................................................................... E ..................................................................... 163,519 n/a n/a n/a 122,036 4,942 8,458 1,221 119,239 2,076 3,806 549 Total ........................................................ W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ E (WYK and SEO) (subtotal) ......................... 30,099 n/a n/a n/a n/a n/a 14,621 3,003 9,963 3,323 5,963 9,286 6,431 3,003 9,963 3,323 5,963 9,286 Total ........................................................ W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ 64,765 n/a n/a n/a n/a 22,252 24,256 28,205 2,820 1,128 22,252 13,250 28,205 2,820 1,128 Total ........................................................ W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ 69,129 n/a n/a n/a n/a 56,409 225 1,914 2,068 1,719 45,403 225 1,914 2,068 1,719 Total ........................................................ W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ 7,040 n/a n/a n/a n/a 5,926 3,013 8,912 1,206 2,285 5,926 3,013 8,912 1,206 2,285 Total ........................................................ W .................................................................... 18,779 n/a 15,416 30,545 15,416 14,500 Pacific cod 3 .................................................... Sablefish 4 ....................................................... Shallow-water flatfish 5 .................................... khammond on DSKJM1Z7X2PROD with RULES Deep-water flatfish 6 ........................................ Rex sole .......................................................... Arrowtooth flounder ......................................... VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 PO 00000 Frm 00087 Fmt 4700 OFL Sfmt 4700 E:\FR\FM\10MRR1.SGM ABC 10MRR1 TAC 13810 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations TABLE 2—FINAL 2021 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST YAKUTAT, WESTERN, CENTRAL, EASTERN REGULATORY AREAS, THE WEST YAKUTAT AND SOUTHEAST OUTSIDE DISTRICTS OF THE EASTERN REGULATORY AREA, AND GULFWIDE DISTRICTS OF THE GULF OF ALASKA—Continued [Values are rounded to the nearest metric ton] Area 1 Species Flathead sole .................................................. Pacific ocean perch 7 ...................................... Northern rockfish 8 .......................................... Shortraker rockfish 9 ........................................ Dusky rockfish 10 ............................................. Rougheye and Blackspotted rockfish 11 .......... Demersal shelf rockfish 12 ............................... Thornyhead rockfish ....................................... Other rockfish13 14 ........................................... Atka mackerel ................................................. Big skate 15 ...................................................... khammond on DSKJM1Z7X2PROD with RULES Longnose skate 16 ........................................... Other skates 17 ................................................ Sculpins ........................................................... Sharks ............................................................. Octopus ........................................................... Total ......................................................... OFL ABC TAC C ..................................................................... WYK ............................................................... SEO ................................................................ n/a n/a n/a 66,683 9,946 17,183 66,683 6,900 6,900 Total ........................................................ W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ 148,597 n/a n/a n/a n/a 124,357 14,191 20,799 2,424 1,912 94,983 8,650 15,400 2,424 1,912 Total ........................................................ W .................................................................... C ..................................................................... WYK ............................................................... W/C/WYK ....................................................... SEO ................................................................ 47,919 n/a n/a n/a 30,297 5,303 39,326 1,379 22,727 1,410 25,516 4,467 28,386 1,379 22,727 1,410 25,516 4,467 Total ........................................................ W .................................................................... C ..................................................................... E ..................................................................... 35,600 n/a n/a n/a 29,983 1,079 3,027 1 29,983 1,079 3,027 ........................ Total ........................................................ W .................................................................... C ..................................................................... E ..................................................................... 4,898 n/a n/a n/a 4,107 52 284 372 4,106 52 284 372 Total ........................................................ W .................................................................... C ..................................................................... WYK ............................................................... SEO ................................................................ 944 n/a n/a n/a n/a 708 759 2,688 113 38 708 759 2,688 113 38 Total ........................................................ W .................................................................... C ..................................................................... E ..................................................................... 4,396 n/a n/a n/a 3,598 169 455 587 3,598 169 455 587 Total ........................................................ SEO ................................................................ W .................................................................... C ..................................................................... E ..................................................................... 1,455 375 n/a n/a n/a 1,211 238 326 911 779 1,211 238 326 911 779 Total ........................................................ W and C ......................................................... WYK ............................................................... SEO ................................................................ 2,688 n/a n/a n/a 2,016 940 369 2,744 2,016 940 369 2,744 Total ........................................................ GW ................................................................. W .................................................................... C ..................................................................... E ..................................................................... 5,320 6,200 n/a n/a n/a 4,053 4,700 758 1,560 890 4,053 3,000 758 1,560 890 Total ........................................................ W .................................................................... C ..................................................................... E ..................................................................... 4,278 n/a n/a n/a 3,208 158 1,875 554 3,208 158 1,875 554 Total ........................................................ ................................................................. ................................................................. ................................................................. ................................................................. 3,449 1,166 6,932 10,913 1,307 2,587 875 5,199 8,184 980 2,587 875 5,199 8,184 980 ......................................................................... 639,768 471,990 407,982 GW GW GW GW 1 Regulatory areas and districts are defined at § 679.2. (W = Western Gulf of Alaska; C = Central Gulf of Alaska; E = Eastern Gulf of Alaska; WYK = West Yakutat District; SEO = Southeast Outside District; GW = Gulf-wide). VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 PO 00000 Frm 00088 Fmt 4700 Sfmt 4700 E:\FR\FM\10MRR1.SGM 10MRR1 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations 13811 2 The total for the W/C/WYK Regulatory Areas pollock ABC is 111,888 mt. After deducting 2.5 percent (2,797 mt) of that ABC for the State’s pollock GHL fishery, the remaining pollock ABC of 109,091 mt (for the W/C/WYK Regulatory Areas) is apportioned among four statistical areas (Areas 610, 620, 630, and 640). These apportionments are considered subarea ACLs, rather than ABCs, for specification and reapportionment purposes. The ACLs in Areas 610, 620, and 630 are further divided by season, as detailed in Table 4 (final 2021 seasonal biomass distribution of pollock in the Western and Central Regulatory Areas, area apportionments, and seasonal allowances). In the West Yakutat (Area 640) and Southeast Outside (Area 650) Districts of the Eastern Regulatory Area, pollock is not divided into seasonal allowances. 3 The annual Pacific cod TAC is apportioned 60 percent to the A season and 40 percent to the B season in the Western and Central Regulatory Areas of the GOA. Pacific cod TAC in the Eastern Regulatory Area of the GOA is allocated 90 percent to vessels harvesting Pacific cod for processing by the inshore component and 10 percent to vessels harvesting Pacific cod for processing by the offshore component. Table 6 lists the final 2021 Pacific cod seasonal apportionments and sector allocations. 4 The sablefish OFL is set Alaska-wide. Additionally, sablefish is only allocated to trawl gear for 2021. Table 8 lists the final 2021 allocation of sablefish TACs to trawl gear. 5 ‘‘Shallow-water flatfish’’ means flatfish not including ‘‘deep-water flatfish,’’ flathead sole, rex sole, or arrowtooth flounder. 6 ‘‘Deep-water flatfish’’ means Dover sole, Greenland turbot, Kamchatka flounder, and deepsea sole. 7 ‘‘Pacific ocean perch’’ means Sebastes alutus. 8 ‘‘Northern rockfish’’ means Sebastes polyspinis. For management purposes, the 1 mt apportionment of ABC to the WYK District of the Eastern Gulf of Alaska has been included in the ‘‘other rockfish’’ species group. 9 ‘‘Shortraker rockfish’’ means Sebastes borealis. 10 ‘‘Dusky rockfish’’ means Sebastes variabilis. 11 ‘‘Rougheye and blackspotted rockfish’’ means Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted). 12 ‘‘Demersal shelf rockfish’’ means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye). 13 ‘‘Other rockfish’’ means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus (vermilion), S. reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). In the Eastern GOA only, other rockfish also includes northern rockfish, S. polyspinis. 14 ‘‘Other rockfish’’ in the Western and Central Regulatory Areas and in the West Yakutat District means other rockfish and demersal shelf rockfish. The ‘‘other rockfish’’ species group in the SEO District only includes other rockfish. 15 ‘‘Big skate’’ means Raja binoculata. 16 ‘‘Longnose skate’’ means Raja rhina. 17 ‘‘Other skates’’ means Bathyraja and Raja spp. khammond on DSKJM1Z7X2PROD with RULES Apportionment of Reserves Section 679.20(b)(2) requires NMFS to set aside 20 percent of each TAC for pollock, Pacific cod, flatfish, sculpins, sharks, and octopuses in reserve for possible apportionment at a later date during the fishing year. For 2020 and 2021, NMFS proposed reapportionment of all the reserves in the proposed 2020 and 2021 harvest specifications published in the Federal Register on December 3, 2019 (84 FR 66109). NMFS did not receive any public comments on the proposed reapportionments. For the final 2020 and 2021 harvest specifications, NMFS reapportioned, as proposed, all the reserves for pollock, Pacific cod, flatfish, sculpins, sharks, and octopuses back to the original TAC limit from which the reserve was derived (§ 679.20(b)(3)). This was done because NMFS expects, based on recent harvest patterns, that such reserves are not necessary and that the entire TAC for each of these species will be caught. The TACs listed in Tables 1 and 2 reflect reapportionments of reserve amounts to the original TAC limit for these species and species groups, i.e., each final TAC for the above mentioned species or species groups contains the full TAC recommended by the Council. Apportionments of Pollock TAC Among Seasons and Regulatory Areas, and Allocations for Processing by Inshore and Offshore Components In the GOA, pollock is apportioned by season and area, and is further allocated for processing by inshore and offshore components. Pursuant to VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 § 679.20(a)(5)(iv)(B), the annual pollock TAC specified for the Western and Central Regulatory Areas of the GOA is apportioned into four equal seasonal allowances of 25 percent. As established by § 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 to March 10, March 10 to May 31, August 25 to October 1, and October 1 to November 1, respectively. Pollock TACs in the Western and Central Regulatory Areas of the GOA are apportioned among Statistical Areas 610, 620, and 630 in proportion to the distribution of the pollock biomass, pursuant to § 679.20(a)(5)(iv)(A). In the A and B seasons, the apportionments previously were in proportion to the distribution of pollock biomass based on the four most recent NMFS winter surveys. In the C and D seasons, the apportionments were in proportion to the distribution of pollock biomass based on the four most recent NMFS summer surveys. For 2020 and 2021, the Council recommended, and NMFS approved, following the apportionment methodology that was used previously for the 2019 and 2020 harvest specifications. This methodology averages the winter and summer distribution of pollock in the Central Regulatory Area for the A season instead of using the distribution based on only the winter surveys. The average is intended to reflect the best available information about migration patterns, distribution of pollock, and the performance of the fishery in the area during the A season for the 2020 and PO 00000 Frm 00089 Fmt 4700 Sfmt 4700 2021 fishing years. For the A season, the apportionment is based on an adjusted estimate of the relative distribution of pollock biomass of approximately 2 percent, 75 percent, and 23 percent in Statistical Areas 610, 620, and 630, respectively. For the B season, the apportionment is based on the relative distribution of pollock biomass of approximately 2 percent, 89 percent, and 9 percent in Statistical Areas 610, 620, and 630, respectively. For the C and D seasons, the apportionment is based on the relative distribution of pollock biomass of approximately 36 percent, 27 percent, and 37 percent in Statistical Areas 610, 620, and 630, respectively. The pollock chapter of the 2019 SAFE report (see ADDRESSES) contains a comprehensive description of the apportionment process and reasons for the minor changes from past apportionments. Within any fishing year, the amount by which a pollock seasonal allowance is underharvested or overharvested may be added to, or subtracted from, subsequent seasonal allowances for the Western and Central Regulatory Areas in a manner to be determined by the Regional Administrator (§ 679.20(a)(5)(iv)(B)). The rollover amount is limited to 20 percent of the subsequent seasonal TAC apportionment for the statistical area. Any unharvested pollock above the 20percent limit could be further distributed to the other statistical areas, in proportion to the estimated biomass in the subsequent season in those statistical areas and in an amount no E:\FR\FM\10MRR1.SGM 10MRR1 13812 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations more than 20 percent of the seasonal TAC apportionment in those statistical areas (§ 679.20(a)(5)(iv)(B)). The pollock TACs in the WYK and the SEO Districts of 5,554 mt and 10,148 mt, respectively, in 2020, and 5,728 mt and 10,148 mt, respectively, in 2021, are not allocated by season. Tables 3 and 4 list the final 2020 and 2021 seasonal biomass distribution of pollock in the Western and Central Regulatory Areas, area apportionments, and seasonal allowances. The amounts of pollock for processing by the inshore and offshore components are not shown. Section 679.20(a)(6)(i) requires the allocation of 100 percent of the pollock TAC in all GOA regulatory areas and all seasonal allowances to vessels catching pollock for processing by the inshore component after subtraction of pollock amounts projected by the Regional Administrator to be caught by, or delivered to, the offshore component incidental to directed fishing for other groundfish species. Thus, the amount of pollock available for harvest by vessels harvesting pollock for processing by the offshore component is that amount that will be taken as incidental catch during directed fishing for groundfish species other than pollock, up to the maximum retainable amounts allowed by § 679.20(e) and (f). At this time, these incidental catch amounts of pollock are unknown and will be determined during the fishing year during the course of fishing activities by the offshore component. TABLE 3—FINAL 2020 DISTRIBUTION OF POLLOCK IN THE WESTERN AND CENTRAL REGULATORY AREAS OF THE GULF OF ALASKA; SEASONAL BIOMASS DISTRIBUTION; AREA APPORTIONMENTS; AND SEASONAL ALLOWANCES OF ANNUAL TAC [Values are rounded to the nearest metric ton and percentages are rounded to the nearest 0.01] Season 1 Shumagin (Area 610) Chirikof (Area 620) Total 2 Kodiak (Area 630) A (Jan 20–Mar 10) ....... B (Mar 10–May 31) ...... C (Aug 25–Oct 1) ......... D (Oct 1–Nov 1) ........... 517 517 9,070 9,070 2.06% 2.06 36.20 36.20 18,757 22,222 6,739 6,739 74.86% 88.68 26.89 26.89 5,783 2,318 9,248 9,248 23.08% 9.25 36.91 36.91 25,057 25,057 25,057 25,057 Annual Total .......... 19,175 ........................ 54,456 ........................ 26,597 ........................ 100,228 1 As established by § 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 to March 10, March 10 to May 31, August 25 to October 1, and October 1 to November 1, respectively. The amounts of pollock for processing by the inshore and offshore components are not shown in this table. 2 The WYK District and SEO District pollock TACs are not allocated by season and are not included in the total pollock TACs shown in this table. TABLE 4—FINAL 2021 DISTRIBUTION OF POLLOCK IN THE WESTERN AND CENTRAL REGULATORY AREAS OF THE GULF OF ALASKA; SEASONAL BIOMASS DISTRIBUTION; AREA APPORTIONMENTS; AND SEASONAL ALLOWANCES OF ANNUAL TAC [Values are rounded to the nearest metric ton and percentages are rounded to the nearest 0.01] Season 1 Shumagin (Area 610) Chirikof (Area 620) Total 2 Kodiak (Area 630) A (Jan 20–Mar 10) ....... B (Mar 10–May 31) ...... C (Aug 25–Oct 1) ......... D (Oct 1–Nov 1) ........... 533 533 9,354 9,354 2.06% 2.06 36.20 36.20 19,344 22,917 6,950 6,950 74.86% 88.68 26.89 26.89 5,964 2,391 9,537 9,537 23.08% 9.25 36.91 36.91 25,841 25,841 25,841 25,841 Annual Total .......... 19,775 ........................ 56,159 ........................ 27,429 ........................ 103,363 1 As established by § 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 to March 10, March 10 to May 31, August 25 to October 1, and October 1 to November 1, respectively. The amounts of pollock for processing by the inshore and offshore components are not shown in this table. 2 The WYK District and SEO District pollock TACs are not allocated by season and are not included in the total pollock TACs shown in this table. khammond on DSKJM1Z7X2PROD with RULES Annual and Seasonal Apportionments of Pacific Cod TAC Pursuant to § 679.20(a)(12)(i), NMFS seasonally allocates the 2020 and 2021 Pacific cod TACs in the Western and Central Regulatory Areas of the GOA among gear and operational sectors. NMFS also allocates the Pacific cod TACs annually between the inshore (90 percent) and offshore (10 percent) components in the Eastern Regulatory Area of the GOA (§ 679.20(a)(6)(ii)). In the Central GOA, the Pacific cod TAC is apportioned seasonally first to vessels using jig gear, and then among CVs less than 50 feet in length overall using VerDate Sep<11>2014 18:24 Mar 09, 2020 Jkt 250001 hook-and-line gear, CVs equal to or greater than 50 feet in length overall using hook-and-line gear, catcher/ processors (C/Ps) using hook-and-line gear, CVs using trawl gear, C/Ps using trawl gear, and vessels using pot gear (§ 679.20(a)(12)(i)(B)). In the Western GOA, the Pacific cod TAC is apportioned seasonally first to vessels using jig gear, and then among CVs using hook-and-line gear, C/Ps using hook-and-line gear, CVs using trawl gear, C/Ps using trawl gear, and vessels using pot gear (§ 679.20(a)(12)(i)(A)). The overall seasonal apportionments in the Western and Central GOA are 60 percent of the annual TAC to the A PO 00000 Frm 00090 Fmt 4700 Sfmt 4700 season and 40 percent of the annual TAC to the B season. Under § 679.20(a)(12)(ii), any overage or underage of the Pacific cod allowance from the A season may be subtracted from, or added to, the subsequent B season allowance. In addition, any portion of the hook-and-line, trawl, pot, or jig sector allocations that is determined by NMFS as likely to go unharvested by a sector may be reallocated to other sectors for harvest during the remainder of the fishery year. Pursuant to § 679.20(a)(12)(i)(A) and (B), a portion of the annual Pacific cod TACs in the Western and Central GOA will be allocated to vessels with a E:\FR\FM\10MRR1.SGM 10MRR1 13813 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations Federal fisheries permit that use jig gear before the TACs are apportioned among other non-jig sectors. In accordance with the FMP, the annual jig sector allocations may increase to up to 6 percent of the annual Western and Central GOA Pacific cod TACs, depending on the annual performance of the jig sector (see Table 1 of Amendment 83 to the FMP for a detailed discussion of the jig sector allocation process (76 FR 74670, December 1, 2011)). Jig sector allocation increases are established for a minimum of two years. NMFS has evaluated the 2019 harvest performance of the jig sector in the Western and Central GOA, and is establishing the 2020 and 2021 Pacific cod apportionments to this sector based on its historical harvest performance from 2014 to 2019. For 2020 and 2021, NMFS allocates the jig sector 3.5 percent of the annual Pacific cod TAC in the Western GOA. This is an increase from the 2019 jig sector allocation of 2.5 percent. The 2020 and 2021 allocations consist of a base allocation of 2.5 percent of the Western GOA Pacific cod TAC, and a 1.0 percent performance increase because in 2019 the jig sector harvested greater than 90 percent of its 2019 Pacific cod allocation. For 2020 and 2021, NMFS allocates the jig sector 1.0 percent of the annual Pacific cod TAC in the Central GOA. This is the same percent as the 2019 jig sector allocation because in 2019 this sector harvested less than 90 percent of its 2019 Pacific cod allocation. The 2020 and 2021 allocations consist of a base allocation of 1.0 percent of the Central GOA Pacific cod TAC, and no additional performance increase in the Central GOA. Tables 5 and 6 list the seasonal apportionments and allocations of the 2020 and 2021 Pacific cod TACs. TABLE 5—FINAL 2020 SEASONAL APPORTIONMENTS AND ALLOCATION OF PACIFIC COD TOTAL ALLOWABLE CATCH (TAC) AMOUNTS IN THE GOA; ALLOCATIONS IN THE WESTERN GOA AND CENTRAL GOA SECTORS, AND THE EASTERN GOA INSHORE AND OFFSHORE PROCESSING COMPONENTS [Values are rounded to the nearest metric ton] A Season Annual allocation (mt) Regulatory area and sector 1 Sector percentage of annual non-jig TAC B Season Seasonal allowances (mt) Sector percentage of annual non-jig TAC Seasonal allowances (mt) Western GOA: Jig (3.5% of TAC) ......................................................... Hook-and-line CV ......................................................... Hook-and-line C/P ........................................................ Trawl CV ....................................................................... Trawl C/P ...................................................................... All Pot CV and Pot C/P ................................................ 73 28 397 769 48 761 N/A 0.70 10.90 27.70 0.90 19.80 44 14 218 555 18 397 N/A 0.70 8.90 10.70 1.50 18.20 29 14 178 214 30 365 Total ....................................................................... 2,076 60.00 1,246 40.00 830 Central GOA: Jig (1.0% of TAC) ......................................................... Hook-and-line <50 CV .................................................. Hook-and-line ≥50 CV .................................................. Hook-and-line C/P ........................................................ Trawl CV 2 ..................................................................... Trawl C/P ...................................................................... All Pot CV and Pot C/P ................................................ 38 550 253 192 1,567 158 1,048 N/A 9.32 5.61 4.11 21.14 2.00 17.83 23 351 211 155 796 75 672 N/A 5.29 1.10 1.00 20.45 2.19 9.97 15 199 41 38 771 83 376 Total ....................................................................... 3,806 60.00 2,284 40.00 1,522 Eastern GOA: Inshore (90% of Annual TAC) 549 Offshore (10% of Annual TAC) 494 55 1 NMFS prohibited directed fishing for Pacific cod in the GOA on January 1, 2020, through December 31, 2020 (84 FR 70438, December 23, 2019), therefore; the seasonal apportionments and allocations in Table 5 are to support incidental catch of Pacific cod in other fisheries. While the directed fishing closure is effective, the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. 2 Trawl catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 145 mt, of the annual Central GOA TAC (see Table 28c to 50 CFR part 679), which is deducted from the Trawl CV B season allowance (see Table 12. Final 2020 Apportionments of Rockfish Secondary Species in the Central GOA and Table 28c to 50 CFR part 679). TABLE 6—FINAL 2021 SEASONAL APPORTIONMENTS AND ALLOCATION OF PACIFIC COD TOTAL ALLOWABLE CATCH (TAC) AMOUNTS IN THE GOA; ALLOCATIONS IN THE WESTERN GOA AND CENTRAL GOA SECTORS, AND THE EASTERN GOA INSHORE AND OFFSHORE PROCESSING COMPONENTS khammond on DSKJM1Z7X2PROD with RULES [Values are rounded to the nearest metric ton] A Season Annual allocation (mt) Regulatory area and sector Sector percentage of annual non-jig TAC B Season Seasonal allowances (mt) Western GOA: VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 PO 00000 Frm 00091 Fmt 4700 Sfmt 4700 E:\FR\FM\10MRR1.SGM 10MRR1 Sector percentage of annual non-jig TAC Seasonal allowances (mt) 13814 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations TABLE 6—FINAL 2021 SEASONAL APPORTIONMENTS AND ALLOCATION OF PACIFIC COD TOTAL ALLOWABLE CATCH (TAC) AMOUNTS IN THE GOA; ALLOCATIONS IN THE WESTERN GOA AND CENTRAL GOA SECTORS, AND THE EASTERN GOA INSHORE AND OFFSHORE PROCESSING COMPONENTS—Continued [Values are rounded to the nearest metric ton] A Season Annual allocation (mt) Regulatory area and sector Sector percentage of annual non-jig TAC B Season Seasonal allowances (mt) Sector percentage of annual non-jig TAC Seasonal allowances (mt) Jig (3.5% of TAC) ......................................................... Hook-and-line CV ......................................................... Hook-and-line C/P ........................................................ Trawl CV ....................................................................... Trawl C/P ...................................................................... All Pot CV and Pot C/P ................................................ 73 28 397 769 48 761 N/A 0.70 10.90 27.70 0.90 19.80 44 14 218 555 18 397 N/A 0.70 8.90 10.70 1.50 18.20 29 14 178 214 30 365 Total ....................................................................... 2,076 60.00 1,246 40.00 830 Central GOA: Jig (1.0% of TAC) ......................................................... Hook-and-line <50 CV .................................................. Hook-and-line ≥50 CV .................................................. Hook-and-line C/P ........................................................ Trawl CV 1 ..................................................................... Trawl C/P ...................................................................... All Pot CV and Pot C/P ................................................ 38 550 253 192 1,597 158 1,048 N/A 9.32 5.61 4.11 21.14 2.00 17.83 23 351 351 211 796 75 672 N/A 5.29 1.10 1.00 20.45 2.19 9.97 15 199 41 38 771 83 376 Total ....................................................................... 3,806 60.00 2,284 40.00 1,522 Eastern GOA: Inshore (90% of Annual TAC) 549 494 Offshore (10% of Annual TAC) 55 1 Trawl catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 145 mt, of the annual Central GOA TAC (see Table 28c to 50 CFR part 679), which is deducted from the Trawl CV B season allowance (see Table 13. Final 2021 Apportionments of Rockfish Secondary Species in the Central GOA and Table 28c to 50 CFR part 679). khammond on DSKJM1Z7X2PROD with RULES Allocations of the Sablefish TAC Amounts to Vessels Using Fixed and Trawl Gear Section 679.20(a)(4)(i) and (ii) require allocations of sablefish TACs for each of the regulatory areas and districts to fixed and trawl gear. In the Western and Central Regulatory Areas, 80 percent of each TAC is allocated to fixed gear, and 20 percent of each TAC is allocated to trawl gear. In the Eastern Regulatory Area, 95 percent of the TAC is allocated to fixed gear, and 5 percent is allocated to trawl gear. The trawl gear allocation in the Eastern Regulatory Area may only be used to support incidental catch of sablefish using trawl gear while directed fishing for other target species (§ 679.20(a)(4)(i)). In recognition of the prohibition against trawl gear in the SEO District of the Eastern Regulatory Area, the Council recommended and NMFS approves specifying for incidental catch the allocation of 5 percent of the combined Eastern Regulatory Area sablefish TAC to trawl gear in the WYK District of the Eastern Regulatory Area. The remainder of the WYK District sablefish TAC is allocated to vessels using fixed gear. VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 NMFS allocates 100 percent of the sablefish TAC in the SEO District to vessels using fixed gear. This action results in a 2020 allocation of 300 mt to trawl gear and 2,043 mt to fixed gear in the WYK District, a 2020 allocation of 3,663 mt to fixed gear in the SEO District, and a 2021 allocation of 464 mt to trawl gear in the WYK District. Table 7 lists the allocations of the 2020 sablefish TACs to fixed and trawl gear. Table 8 lists the allocations of the 2021 sablefish TACs to trawl gear. The Council recommended that a trawl sablefish TAC be established for two years so that retention of incidental catch of sablefish by trawl gear could commence in January in the second year of the groundfish harvest specifications. Both the 2020 and 2021 trawl allocations are specified in these final harvest specifications, in Tables 7 and 8, respectively. The Council also recommended that the fixed gear sablefish TAC be established annually to ensure that this IFQ fishery is conducted concurrently with the halibut IFQ fishery and is based on the most recent survey information. Since there is an annual PO 00000 Frm 00092 Fmt 4700 Sfmt 4700 assessment for sablefish and since the final harvest specifications are expected to be published before the IFQ season begins in March 2020, the Council recommended that the fixed gear sablefish TAC be set annually, rather than for two years, so that the best scientific information available could be considered in establishing the sablefish ABCs and TACs. Accordingly, Table 7 lists the 2020 fixed gear allocations, and the 2021 fixed gear allocations will be specified in the 2021 and 2022 harvest specifications. With the exception of the trawl allocations that are provided to the Rockfish Program (see Table 28c to 50 CFR part 679), directed fishing for sablefish with trawl gear in the GOA is closed during the fishing year. Also, fishing for groundfish with trawl gear is prohibited prior to January 20 (§ 679.23(c)). Therefore, it is not likely that the sablefish allocation to trawl gear would be reached before the effective date of the final 2020 and 2021 harvest specifications. E:\FR\FM\10MRR1.SGM 10MRR1 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations 13815 TABLE 7—FINAL 2020 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATIONS TO FIXED AND TRAWL GEAR [Values are rounded to the nearest metric ton] Area/district Fixed gear allocation TAC Trawl gear allocation Western ........................................................................................................................................ Central 1 ....................................................................................................................................... West Yakutat 2 ............................................................................................................................. Southeast Outside ....................................................................................................................... 1,942 6,445 2,343 3,663 1,554 5,156 2,043 3,663 388 1,289 300 0 Total ...................................................................................................................................... 14,393 12,415 1,978 1 The trawl allocation of sablefish in the Central Regulatory Area is further apportioned to the Rockfish Program cooperatives (663 mt). See Table 12: Final 2020 Apportionments of Rockfish Secondary Species in the Central GOA. This results in 626 mt being available for the nonRockfish Program trawl fisheries. 2 The trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West Yakutat and Southeast Outside Districts) sablefish TAC as incidental catch to trawl gear in the West Yakutat District. TABLE 8—FINAL 2021 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATION TO TRAWL GEAR 1 [Values are rounded to the nearest metric ton] Area/district Fixed gear allocation TAC Trawl gear allocation Western ........................................................................................................................................ Central 2 ....................................................................................................................................... West Yakutat 3 ............................................................................................................................. Southeast Outside ....................................................................................................................... 3,003 9,963 3,323 5,963 n/a n/a n/a n/a 601 1,993 464 0 Total ...................................................................................................................................... 22,252 n/a 3,058 1 The Council recommended that the final 2021 harvest specifications for the fixed gear sablefish Individual Fishing Quota fisheries not be specified in the final 2020 and 2021 harvest specifications. 2 The trawl allocation of sablefish in the Central Regulatory Area is further apportioned to the Rockfish Program cooperatives (1,025 mt). See Table 13: Final 2021 Apportionments of Rockfish Secondary Species in the Central GOA. This results in 968 mt being available for the nonRockfish Program trawl fisheries. 3 The trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West Yakutat and Southeast Outside Districts) sablefish TAC as incidental catch to trawl gear in the West Yakutat District. khammond on DSKJM1Z7X2PROD with RULES Allocations, Apportionments, and Sideboard Limits for the Rockfish Program These final 2020 and 2021 harvest specifications for the GOA include the fishery cooperative allocations and sideboard limitations established by the Rockfish Program. Program participants are primarily trawl CVs and trawl C/Ps, with limited participation by vessels using longline gear. The Rockfish Program assigns quota share and cooperative quota to participants for primary species (Pacific ocean perch, northern rockfish, and dusky rockfish) and secondary species (Pacific cod, rougheye and blackspotted rockfish, sablefish, shortraker rockfish, and thornyhead rockfish), allows a participant holding a license limitation program (LLP) license with rockfish quota share to form a rockfish cooperative with other persons, and allows holders of C/P LLP licenses to opt out of the fishery. The Rockfish Program also has an entry level fishery for rockfish primary species for vessels using longline gear. Longline gear includes hook-and-line, jig, troll, and handline gear. VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 Under the Rockfish Program, rockfish primary species in the Central GOA are allocated to participants after deducting for incidental catch needs in other directed groundfish fisheries (§ 679.81(a)(2)). Participants in the Rockfish Program also receive a portion of the Central GOA TAC of specific secondary species. In addition to groundfish species, the Rockfish Program allocates a portion of the halibut PSC limit (191 mt) from the third season deep-water species fishery allowance for the GOA trawl fisheries to Rockfish Program participants (§ 679.81(d) and Table 28d to 50 CFR part 679). The Rockfish Program also establishes sideboard limits to restrict the ability of harvesters operating under the Rockfish Program to increase their participation in other, non-Rockfish Program fisheries. These restrictions and halibut PSC limits are discussed in a subsequent section in this rule titled ‘‘Rockfish Program Groundfish Sideboard and Halibut PSC Limitations.’’ Section 679.81(a)(2)(ii) and Table 28e to 50 CFR part 679 require allocations of 5 mt of Pacific ocean perch, 5 mt of northern rockfish, and 50 mt of dusky PO 00000 Frm 00093 Fmt 4700 Sfmt 4700 rockfish to the entry level longline fishery in 2020 and 2021. The allocation for the entry level longline fishery may increase incrementally each year if the catch exceeds 90 percent of the allocation of a species. The incremental increase in the allocation would continue each year until it reaches the maximum percent of the TAC for that species. In 2019, the catch of Pacific ocean perch, northern rockfish, and dusky rockfish did not attain the 90 percent threshold, and those final allocations for 2020 remain the same as the 2019 allocations. The remainder of the TACs for the rockfish primary species are allocated to the CV and C/ P cooperatives (§ 679.81(a)(2)(iii)). Table 9 lists the allocations of the 2020 and 2021 TACs for each rockfish primary species to the entry level longline fishery, the potential incremental increases for future years, and the maximum percentages of the TACs assigned to the Rockfish Program that may be allocated to the rockfish entry level longline fishery. E:\FR\FM\10MRR1.SGM 10MRR1 13816 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations TABLE 9—FINAL 2020 AND INITIAL 2021 ALLOCATIONS OF ROCKFISH PRIMARY SPECIES TO THE ENTRY LEVEL LONGLINE FISHERY IN THE CENTRAL GULF OF ALASKA Rockfish primary species 2020 and 2021 allocations Incremental increase in 2021 if < 90% of 2020 allocation is harvested Pacific ocean perch ................................ Northern rockfish .................................... Dusky rockfish ........................................ 5 metric tons ......................................... 5 metric tons ......................................... 50 metric tons ....................................... 5 metric tons ......................................... 5 metric tons ......................................... 20 metric tons ....................................... Section 679.81 requires allocations of rockfish primary species among various sectors of the Rockfish Program. Tables 10 and 11 list the final 2020 and 2021 allocations of rockfish primary species in the Central GOA to the entry level longline fishery, and rockfish CV and C/ P cooperatives in the Rockfish Program. NMFS also is setting aside incidental catch amounts (ICAs) for other directed fisheries in the Central GOA of 3,000 mt of Pacific ocean perch, 300 mt of northern rockfish, and 250 mt of dusky rockfish. These amounts are based on recent average incidental catches in the Central GOA by other groundfish fisheries. Allocations among vessels belonging to CV or C/P cooperatives are not included in these final harvest specifications. Rockfish Program applications for CV cooperatives and C/ P cooperatives are not due to NMFS until March 1 of each calendar year; Up to maximum % of TAC 1 2 5 therefore, NMFS cannot calculate 2020 and 2021 allocations in conjunction with these final harvest specifications. NMFS will post the 2020 allocations on the Alaska Region website at https:// www.fisheries.noaa.gov/alaska/ sustainable-fisheries/alaska-fisheriesmanagement-reports#central-goarockfish when they become available after March 1. TABLE 10—FINAL 2020 ALLOCATIONS OF ROCKFISH PRIMARY SPECIES IN THE CENTRAL GULF OF ALASKA TO THE ENTRY LEVEL LONGLINE FISHERY AND ROCKFISH COOPERATIVES IN THE ROCKFISH PROGRAM [Values are rounded to the nearest metric ton] Central GOA annual TAC Rockfish primary species Incidental catch allowance TAC minus ICA Allocation to the entry level longline 1 fishery Allocation to the rockfish cooperatives 2 Pacific ocean perch ............................................................. Northern rockfish .................................................................. Dusky rockfish ...................................................................... 23,678 3,178 2,746 3,000 300 250 20,678 2,878 2,496 5 5 50 20,673 2,873 2,446 Total .............................................................................. 29,602 3,550 26,052 60 25,992 1 Longline 2 Rockfish gear includes hook-and-line, jig, troll, and handline gear (50 CFR 679.2). cooperatives include vessels in CV and C/P cooperatives (50 CFR 679.81). TABLE 11—FINAL 2021 ALLOCATIONS OF ROCKFISH PRIMARY SPECIES IN THE CENTRAL GULF OF ALASKA TO THE ENTRY LEVEL LONGLINE FISHERY AND ROCKFISH COOPERATIVES IN THE ROCKFISH PROGRAM [Values are rounded to the nearest metric ton] Central GOA annual TAC Rockfish primary species TAC minus ICA Allocation to the entry level longline 1 fishery Allocation to the rockfish cooperatives 2 Pacific ocean perch ............................................................. Northern rockfish .................................................................. Dusky rockfish ...................................................................... 22,727 3,027 2,688 3,000 300 250 19,727 2,727 2,438 5 5 50 19,722 2,722 2,388 Total .............................................................................. 28,442 3,550 24,892 60 24,832 1 Longline 2 Rockfish khammond on DSKJM1Z7X2PROD with RULES Incidental catch allowance gear includes hook-and-line, jig, troll, and handline gear (50 CFR 679.2). cooperatives include vessels in CV and C/P cooperatives (50 CFR 679.81). Section 679.81(c) and Table 28c to 50 CFR part 679 require allocations of rockfish secondary species to CV and C/ P cooperatives in the Central GOA. CV cooperatives receive allocations of Pacific cod, sablefish from the trawl gear VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 allocation, and thornyhead rockfish. C/ P cooperatives receive allocations of sablefish from the trawl gear allocation, rougheye and blackspotted rockfish, shortraker rockfish, and thornyhead rockfish. Tables 12 and 13 list the PO 00000 Frm 00094 Fmt 4700 Sfmt 4700 apportionments of the 2020 and 2021 TACs of rockfish secondary species in the Central GOA to CV and C/P cooperatives. E:\FR\FM\10MRR1.SGM 10MRR1 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations 13817 TABLE 12—FINAL 2020 APPORTIONMENTS OF ROCKFISH SECONDARY SPECIES IN THE CENTRAL GOA TO CATCHER VESSEL AND CATCHER/PROCESSOR COOPERATIVES [Values are rounded to the nearest metric ton] Central GOA annual TAC Rockfish secondary species Pacific cod ............................................................................ Sablefish .............................................................................. Shortraker rockfish ............................................................... Rougheye/blackspotted rockfish .......................................... Thornyhead rockfish ............................................................ Catcher vessel cooperatives Catcher/processor cooperatives Percentage of TAC Apportionment (mt) Percentage of TAC Apportionment (mt) 3.81 6.78 0.00 0.00 7.84 145 437 0 0 71 0.00 3.51 40.00 58.87 26.50 0 226 114 268 241 3,806 6,445 284 455 911 TABLE 13—FINAL 2021 APPORTIONMENTS OF ROCKFISH SECONDARY SPECIES IN THE CENTRAL GOA TO CATCHER VESSEL AND CATCHER/PROCESSOR COOPERATIVES [Values are rounded to the nearest metric ton] Catcher vessel cooperatives Central GOA annual TAC Rockfish secondary species Pacific cod ............................................................................ Sablefish .............................................................................. Shortraker rockfish ............................................................... Rougheye/blackspotted rockfish .......................................... Thornyhead rockfish ............................................................ khammond on DSKJM1Z7X2PROD with RULES Halibut PSC Limits Section 679.21(d) establishes annual halibut PSC limit apportionments to trawl gear and hook-and-line gear, and authorizes the establishment of apportionments for pot gear. In December 2019, the Council recommended halibut PSC limits of 1,706 mt for trawl gear, 257 mt for hookand-line gear, and 9 mt for the demersal shelf (DSR) rockfish fishery in the SEO District for both 2020 and 2021. The DSR fishery in the SEO District is defined at § 679.21(d)(2)(ii)(A). This fishery is apportioned 9 mt of the halibut PSC limit in recognition of its small-scale harvests of groundfish (§ 679.21(d)(2)(i)(A)). The separate halibut PSC limit for the DSR fishery is intended to prevent that fishery from being impacted from the halibut PSC incurred by other GOA fisheries. NMFS estimates low halibut bycatch in the DSR fishery because (1) the duration of the DSR fisheries and the gear soak times are short, (2) the DSR fishery occurs in the winter when there is less overlap in the distribution of DSR and halibut, and (3) the directed commercial DSR fishery has a low DSR TAC. The Alaska Department of Fish and Game sets the commercial GHL for the DSR fishery after deducting (1) estimates of DSR incidental catch in all fisheries (including halibut and subsistence); and (2) the allocation to the DSR sport VerDate Sep<11>2014 18:24 Mar 09, 2020 Jkt 250001 Percentage of TAC Apportionment (mt) Percentage of TAC Apportionment (mt) 3.81 6.78 0.00 0.00 7.84 145 675 0 0 71 0.00 3.51 40.00 58.87 26.50 0 350 114 268 241 3,806 9,963 284 455 911 fishery. Of the 261 mt TAC for DSR in 2019, 50 mt were available for directed fishing by the DSR commercial fishery, of which 18 mt were harvested (through December 16, 2019). The FMP authorizes the Council to exempt specific gear from the halibut PSC limits. NMFS, after consultation with the Council, exempts pot gear, the sablefish IFQ hook-and-line gear fishery categories, and jig gear from the nontrawl halibut PSC limit for 2020 and 2021. The Council recommended, and NMFS approves, these exemptions because: (1) The pot gear fisheries have low annual halibut bycatch mortality, (2) IFQ program regulations prohibit discard of halibut if any halibut IFQ permit holder on board a catcher vessel holds unused halibut IFQ for that vessel category and the IFQ regulatory area in which the vessel is operating (§ 679.7(f)(11)), (3) some sablefish IFQ fishermen hold halibut IFQ permits and are therefore required to retain the halibut they catch while fishing sablefish IFQ, and (4) NMFS estimates negligible halibut mortality for the jig gear fisheries given the small amount of groundfish harvested by jig gear, the selective nature of jig gear, and the high survival rates of halibut caught and released with jig gear. The best available information on estimated halibut bycatch consists of data collected by fisheries observers during 2019. The calculated halibut PO 00000 Frm 00095 Fmt 4700 Catcher/processor cooperatives Sfmt 4700 bycatch mortality through December 31, 2019, is 1,102 mt for trawl gear and 76 mt for hook-and-line gear for a total halibut mortality of 1,178 mt. This halibut mortality was calculated using groundfish and halibut catch data from the NMFS Alaska Region’s catch accounting system. This accounting system contains historical and recent catch information compiled from each Alaska groundfish fishery. Section 679.21(d)(4)(i) and (ii) authorizes NMFS to seasonally apportion the halibut PSC limits after consultation with the Council. The FMP and regulations require that the Council and NMFS consider the following information in seasonally apportioning halibut PSC limits: (1) Seasonal distribution of halibut; (2) seasonal distribution of target groundfish species relative to halibut distribution; (3) expected halibut bycatch needs on a seasonal basis relative to changes in halibut biomass and expected catch of target groundfish species; (4) expected bycatch rates on a seasonal basis; (5) expected changes in directed groundfish fishing seasons; (6) expected actual start of fishing effort; and (7) economic effects of establishing seasonal halibut allocations on segments of the target groundfish industry. The Council considered information from the 2019 SAFE report, NMFS catch data, State of Alaska catch data, International Pacific Halibut Commission (IPHC) stock E:\FR\FM\10MRR1.SGM 10MRR1 13818 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations assessment and mortality data, and public testimony when apportioning the halibut PSC limits. NMFS concurs with the Council’s recommendations listed in Table 14, which shows the final 2020 and 2021 Pacific halibut PSC limits, allowances, and apportionments. Section 679.21(d)(4)(iii) and (iv) specifies that any underages or overages of a seasonal apportionment of a halibut PSC limit will be added to or deducted from the next respective seasonal apportionment within the fishing year. TABLE 14—FINAL 2020 AND 2021 PACIFIC HALIBUT PROHIBITED SPECIES CATCH (PSC) LIMITS, ALLOWANCES, AND APPORTIONMENTS [Values are in metric tons] Hook-and-line gear 1 Trawl gear Other than DSR Season Percent DSR Amount Season January 20–April 1 ........... April 1–July 1 .................... July 1–August 1 ................ 30.5 20.0 27.0 519 341 462 August 1–October 1 ......... October 1–December 31 .. 7.5 15.0 Total .......................... ................ Percent Amount Season Amount 86 2 12 221 5 31 January 1–December 31 .......................................... .......................................... 9 ................ ................ 128 256 January 1–June 10 ......... June 10–September 1 ..... September 1–December 31. .......................................... .......................................... ................ ................ ................ ................ .......................................... .......................................... ................ ................ 1,706 .......................................... ................ 257 .......................................... 9 1 The Pacific halibut prohibited species catch (PSC) limit for hook-and-line gear is allocated to the DSR fishery in the SEO District and to the hook-and-line fisheries other than the DSR fishery. The hook-and-line sablefish IFQ fishery is exempt from halibut PSC limits, as are pot and jig gear for all groundfish fisheries. Note: Seasonal or sector apportionments may not total precisely due to rounding. Section 679.21(d)(3)(ii) authorizes further apportionment of the trawl halibut PSC limit to trawl fishery categories listed in § 679.21(d)(3)(iii). The annual apportionments are based on each category’s proportional share of the anticipated halibut bycatch mortality during the fishing year and optimization of the total amount of groundfish harvest under the halibut PSC limit. The fishery categories for the trawl halibut PSC limits are: (1) A deepwater species fishery, composed of sablefish, rockfish, deep-water flatfish, rex sole, and arrowtooth flounder; and (2) a shallow-water species fishery, composed of pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka mackerel, and ‘‘other species’’ (sculpins, sharks, and octopuses) (§ 679.21(d)(3)(iii)). Halibut mortality incurred while directed fishing for skates with trawl gear accrues towards the shallow-water species fishery halibut PSC limit (69 FR 26320, May 12, 2004). NMFS will combine available trawl halibut PSC limit apportionments on May 15 during the second season deepwater and shallow-water species fisheries for use in either fishery from May 15 through June 30 (§ 679.21(d)(4)(iii)(D)). This is intended to maintain groundfish harvest while minimizing halibut bycatch by these sectors to the extent practicable. This provides the deep-water and shallowwater species trawl fisheries additional flexibility and the incentive to participate in fisheries at times of the year that may have lower halibut PSC rates relative to other times of the year. Table 15 lists the final 2020 and 2021 apportionments of trawl halibut PSC limits between the trawl gear deepwater and shallow-water species fishery categories. Table 28d to 50 CFR part 679 specifies the amount of the trawl halibut PSC limit that is assigned to the CV and C/ P sectors that are participating in the Rockfish Program. This includes 117 mt of halibut PSC limit to the CV sector and 74 mt of halibut PSC limit to the C/P sector. These amounts are allocated from the trawl deep-water species fishery’s halibut PSC third seasonal apportionment. After the combined CV and C/P halibut PSC limit allocation of 191 mt to the Rockfish Program, 150 mt remains for the trawl deep-water species fishery’s halibut PSC third seasonal apportionment. Section 679.21(d)(4)(iii)(B) limits the amount of the halibut PSC limit allocated to Rockfish Program participants that could be reapportioned to the general GOA trawl fisheries during the current fishing year to no more than 55 percent of the unused annual halibut PSC limit apportioned to Rockfish Program participants. The remainder of the unused Rockfish Program halibut PSC limit is unavailable for use by any person for the remainder of the fishing year (§ 679.21(d)(4)(iii)(C)). TABLE 15—FINAL 2020 AND 2021 APPORTIONMENT OF PACIFIC HALIBUT PROHIBITED SPECIES CATCH LIMITS BETWEEN THE TRAWL GEAR DEEP-WATER SPECIES FISHERY AND THE SHALLOW-WATER SPECIES FISHERY CATEGORIES khammond on DSKJM1Z7X2PROD with RULES [Values are in metric tons] Season Shallow-water Deep-water 1 January 20–April 1 ....................................................................................................................... April 1–July 1 ............................................................................................................................... July 1–August 1 ........................................................................................................................... August 1–October 1 ..................................................................................................................... Subtotal January 20–October 1 ................................................................................................... October 1–December 31 2 ........................................................................................................... 384 85 121 53 643 ........................ 135 256 341 75 807 ........................ VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 PO 00000 Frm 00096 Fmt 4700 Sfmt 4700 E:\FR\FM\10MRR1.SGM 10MRR1 Total 519 341 462 128 1,450 256 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations 13819 TABLE 15—FINAL 2020 AND 2021 APPORTIONMENT OF PACIFIC HALIBUT PROHIBITED SPECIES CATCH LIMITS BETWEEN THE TRAWL GEAR DEEP-WATER SPECIES FISHERY AND THE SHALLOW-WATER SPECIES FISHERY CATEGORIES—Continued [Values are in metric tons] Shallow-water Deep-water 1 ........................ ........................ Season Total ...................................................................................................................................... Total 1,706 1 Vessels participating in cooperatives in the Central GOA Rockfish Program will receive 191 mt of the third season (July 1 through August 1) deep-water species fishery halibut PSC apportionment. 2 There is no apportionment between trawl shallow-water and deep-water species fishery categories during the fifth season (October 1 through December 31). Section 679.21(d)(2)(i)(B) requires that the ‘‘other hook-and-line fishery’’ halibut PSC limit apportionment to vessels using hook-and-line gear must be apportioned between CVs and C/Ps in accordance with § 679.21(d)(2)(iii) in conjunction with these harvest specifications. A comprehensive description and example of the calculations necessary to apportion the ‘‘other hook-and-line fishery’’ halibut PSC limit between the hook-and-line CV and C/P sectors were included in the proposed rule to implement Amendment 83 to the FMP (76 FR 44700, July 26, 2011) and are not repeated here. Pursuant to § 679.21(d)(2)(iii), the hook-and-line halibut PSC limit for the ‘‘other hook-and-line fishery’’ is apportioned between the CV and C/P sectors in proportion to the total Western and Central GOA Pacific cod allocations, which vary annually based on the proportion of the Pacific cod biomass between the Western, Central, and Eastern GOA. Pacific cod is apportioned among these three management areas based on the percentage of overall biomass per area, as calculated in the 2019 Pacific cod stock assessment. Updated information in the final 2019 SAFE report describes this distributional calculation, which allocates ABC among GOA regulatory areas on the basis of the three most recent stock surveys. For 2020 and 2021, the distribution of the total GOA Pacific cod ABC is 32 percent to the Western GOA, 59 percent to the Central GOA, and 9 percent to the Eastern GOA. Therefore, the calculations made in accordance with § 679.21(d)(2)(iii) incorporate the most recent information on GOA Pacific cod distribution with respect to establishing the annual halibut PSC limits for the CV and C/P hook-and-line sectors. Additionally, the annual halibut PSC limits for both the CV and C/P sectors of the ‘‘other hookand-line fishery’’ are divided into three seasonal apportionments, using seasonal percentages of 86 percent, 2 percent, and 12 percent. For 2020 and 2021, NMFS apportions halibut PSC limits of 144 mt and 113 mt to the hook-and-line CV and hook-andline C/P sectors, respectively. Table 16 lists the final 2020 and 2021 apportionments of halibut PSC limits between the hook-and-line CV and the hook-and-line C/P sectors of the ‘‘other hook-and-line fishery.’’ No later than November 1 of each year, NMFS will calculate the projected unused amount of halibut PSC limit by either of the CV or C/P hook-and-line sectors of the ‘‘other hook-and-line fishery’’ for the remainder of the year. The projected unused amount of halibut PSC limit is made available to the other hook-and-line sector for the remainder of that fishing year (§ 679.21(d)(2)(iii)(C)), if NMFS determines that an additional amount of halibut PSC is necessary for that sector to continue its directed fishing operations. TABLE 16—FINAL 2020 AND 2021 APPORTIONMENTS OF THE ‘‘OTHER HOOK-AND-LINE FISHERY’’ ANNUAL HALIBUT PROHIBITED SPECIES CATCH ALLOWANCE BETWEEN THE HOOK-AND-LINE GEAR CATCHER VESSEL AND CATCHER/PROCESSOR SECTORS [Values are in metric tons] Hook-and-line sector 257 ....................................... Catcher Vessel .................... 144 Catcher/Processor ............... 113 Estimates of Halibut Biomass and Stock Condition khammond on DSKJM1Z7X2PROD with RULES Sector annual amount ‘‘Other than DSR’’ allowance The 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), VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 January 1–June 10 ............. June 10–September 1 ......... September 1–December 31 January 1–June 10 ............. June 10–September 1 ......... September 1–December 31 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 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 PO 00000 Frm 00097 Fmt 4700 Seasonal percentage Season Sfmt 4700 86 2 12 86 2 12 Sector seasonal amount 124 3 17 97 2 14 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 E:\FR\FM\10MRR1.SGM 10MRR1 13820 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations halibut mortality that accrues to a particular halibut PSC limit is the product of a DMR multiplied by the estimated halibut PSC. DMRs are estimated using the best scientific information available in conjunction with the annual GOA stock assessment process. The DMR methodology and findings are included as an appendix to the annual GOA groundfish SAFE report. In 2016, the DMR estimation methodology underwent revisions per the Council’s directive. An interagency halibut working group (IPHC, Council, and NMFS staff) developed improved estimation methods that have undergone review by the GOA Plan Team, SSC, and the Council. A summary of the revised methodology is contained in the GOA proposed 2017 and 2018 harvest specifications (81 FR 87881, December 6, 2016), and the comprehensive discussion of the working group’s statistical methodology is available from the Council (see ADDRESSES). The DMR working group’s revised methodology is intended to improve estimation accuracy, transparency, and transferability in the methodology used for calculating DMRs. The working group will continue to consider improvements to the methodology used to calculate halibut mortality, including potential changes to the reference period (the period of data used for calculating the DMRs). Future DMRs may change based on additional years of observer sampling, which could provide more recent and accurate data and which could improve the accuracy of estimation and progress on methodology. The 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 the Council concurred with the revised DMR estimation methodology, and NMFS adopts for 2020 and 2021 the DMRs calculated under the revised methodology, which uses an updated 2-year reference period. The final 2020 and 2021 DMRs in this rule are unchanged from the DMRs in the proposed 2020 and 2021 harvest specifications (84 FR 66109, December 3, 2019). Table 17 lists these final 2020 and 2021 DMRs. TABLE 17—FINAL 2020 AND 2021 HALIBUT DISCARD MORTALITY RATES FOR VESSELS FISHING IN THE GULF OF ALASKA [Values are percent of halibut assumed to be dead] Gear Sector Groundfish fishery Pelagic trawl ............................................ Catcher vessel ......................................... Catcher/processor ................................... Catcher vessel ......................................... Catcher vessel ......................................... Mothership and catcher/processor .......... Catcher/processor ................................... Catcher vessel ......................................... Catcher vessel and catcher/processor .... All ............................................................. All ............................................................. Rockfish Program .................................... All others ................................................. All ............................................................. All ............................................................. All ............................................................. All ............................................................. Non-pelagic trawl ..................................... Hook-and-line .......................................... Pot ........................................................... khammond on DSKJM1Z7X2PROD with RULES Chinook Salmon Prohibited Species Catch Limits Amendment 93 to the FMP (77 FR 42629, July 20, 2012) established separate Chinook salmon PSC limits in the Western and Central GOA in the directed pollock trawl fishery. These limits require that NMFS close the pollock directed fishery in the Western and Central Regulatory Areas of the GOA if the applicable Chinook salmon PSC limit in that regulatory area is reached (§ 679.21(h)(8)). The annual Chinook salmon PSC limits in the pollock directed fishery of 6,684 salmon in the Western GOA and 18,316 salmon in the Central GOA are set at § 679.21(h)(2)(i) and (ii). Amendment 97 to the FMP (79 FR 71350, December 2, 2014) established an initial annual PSC limit of 7,500 Chinook salmon for the trawl nonpollock groundfish fisheries in the Western and Central GOA. This limit is apportioned among three sectors directed fishing for groundfish species other than pollock: 3,600 Chinook salmon to trawl C/Ps; 1,200 Chinook salmon to trawl CVs participating in the VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 Rockfish Program; and 2,700 Chinook salmon to trawl CVs not participating in the Rockfish Program (§ 679.21(h)(4)). NMFS will monitor the Chinook salmon PSC in the trawl non-pollock groundfish fisheries and close an applicable sector if it reaches its Chinook salmon PSC limit. The Chinook salmon PSC limit for two sectors, trawl C/Ps and trawl CVs not participating in the Rockfish Program, may be increased in subsequent years based on the performance of these two sectors and their ability to minimize their use of their respective Chinook salmon PSC limits. If either or both of these two sectors limits its use of Chinook salmon PSC to a specified threshold amount in 2019 (3,120 for trawl C/Ps and 2,340 for Non-Rockfish Program trawl CVs), that sector will receive an incremental increase to its 2020 Chinook salmon PSC limit (§ 679.21(h)(4)). In 2019, the trawl C/P sector did not exceed 3,120 Chinook salmon PSC; therefore, the 2020 trawl C/P sector Chinook salmon PSC limit will be 4,080 Chinook salmon. In 2019, the Non-Rockfish Program PO 00000 Frm 00098 Fmt 4700 Sfmt 4700 Halibut discard mortality rate (percent) 100 100 52 68 75 11 13 0 trawl CV sector did exceed 2,340 Chinook salmon PSC; therefore, the 2020 Non-Rockfish Program trawl CV sector Chinook salmon PSC limit will be 2,700 Chinook salmon. American Fisheries Act (AFA) Catcher/ Processor and Catcher Vessel Groundfish Harvest and PSC Limits Section 679.64 establishes groundfish harvesting and processing sideboard limitations on AFA C/Ps and CVs in the GOA. These sideboard limits are necessary to protect the interests of fishermen and processors who do not directly benefit from the AFA from those fishermen and processors who receive exclusive harvesting and processing privileges under the AFA. Section 679.7(k)(1)(ii) prohibits listed AFA C/Ps and C/Ps designated on a listed AFA C/P permit from harvesting any species of groundfish in the GOA. Additionally, § 679.7(k)(1)(iv) prohibits listed AFA C/Ps and C/Ps designated on a listed AFA C/P permit from processing any pollock harvested in a directed pollock fishery in the GOA and any groundfish harvested in Statistical Area 630 of the GOA. E:\FR\FM\10MRR1.SGM 10MRR1 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations AFA CVs that are less than 125 feet (38.1 meters) length overall, have annual landings of pollock in the Bering Sea and Aleutian Islands less than 5,100 mt, and have made at least 40 GOA groundfish landings from 1995 through 1997 are exempt from GOA CV groundfish sideboard limits under § 679.64(b)(2)(ii). Sideboard limits for non-exempt AFA CVs in the GOA are based on their traditional harvest levels of TAC in groundfish fisheries covered by the FMP. Section 679.64(b)(3)(iv) establishes the CV groundfish sideboard limitations in the GOA based on the aggregate retained catch of non-exempt AFA CVs of each sideboard species or species group from 1995 through 1997 divided by the sum of the TACs for that species or species group available to CVs over the same period. As discussed earlier in this preamble, NMFS published a final rule (84 FR 2723, February 8, 2019) that establishes regulations to prohibit directed fishing for specific groundfish species or species groups subject to sideboard limits, rather than prohibiting directed fishing for non-exempt AFA CV sideboards through the GOA annual harvest specifications. Those groundfish species or species groups with sideboard limits subject to the final rule are now prohibited to directed fishing in regulation (§ 679.20(d)(1)(iv)(D) and Table 56 to 50 CFR part 679). Beginning with the 2020 and 2021 harvest 13821 specifications, NMFS is incorporating these changes into the specification and management of non-exempt AFA CV sideboard limits and will continue to publish only those sideboard limit amounts for groundfish species or species groups not subject to the final rule. This decreases the overall number of sideboard limits specified in the GOA harvest specifications, compared to previous years. Tables 18 and 19 list the final 2020 and 2021 groundfish sideboard limits for non-exempt AFA CVs. NMFS will deduct all targeted or incidental catch of sideboard species made by non-exempt AFA CVs from the sideboard limits listed in Tables 18 and 19. TABLE 18—FINAL 2020 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV) GROUNDFISH SIDEBOARD LIMITS [Values are rounded to the nearest metric ton] Species Apportionments by season/gear Area/component Pollock ....................... A Season .................................... January 20–March 10 ................. Shumagin (610) ........ Chirikof (620) ............ Kodiak (630) ............. Shumagin (610) ........ Chirikof (620) ............ Kodiak (630) ............. Shumagin (610) ........ Chirikof (620) ............ Kodiak (630) ............. Shumagin (610) ........ Chirikof (620) ............ Kodiak (630) ............. WYK (640) ................ SEO (650) ................. W ............................... C ............................... W ............................... C ............................... W ............................... C ............................... W ............................... C ............................... C ............................... C ............................... C ............................... C ............................... E ................................ C ............................... B Season .................................... March 10–May 31 ....................... C Season .................................... August 25–October 1 D Season .................................... October 1–November 1 Annual ......................................... Flatfish, shallow-water A Season 1 .................................. January 1–June 10 ..................... B Season 2 .................................. September 1–December 31 ....... Annual ......................................... Flatfish, deep-water .. Annual ......................................... Rex sole .................... Arrowtooth flounder ... Flathead sole ............ Pacific ocean perch .. Annual Annual Annual Annual Northern rockfish ....... Annual ......................................... Pacific cod ................. ......................................... ......................................... ......................................... ......................................... Ratio of 1995– 1997 non-exempt AFA CV catch to 1995–1997 TAC Final 2020 non-exempt AFA CV sideboard limit Final 2020 TACs 3 0.6047 0.1167 0.2028 0.6047 0.1167 0.2028 0.6047 0.1167 0.2028 0.6047 0.1167 0.2028 0.3495 0.3495 0.1331 0.0692 0.1331 0.0692 0.0156 0.0587 0.0647 0.0128 0.0384 0.0280 0.0213 0.0748 0.0466 0.0277 517 18,757 5,783 517 22,222 2,318 9,070 6,739 9,248 9,070 6,739 9,248 5,554 10,148 1,246 2,284 830 1,522 13,250 27,732 226 1,948 8,579 68,669 15,400 23,678 6,123 3,178 313 2,189 1,173 313 2,593 470 5,485 786 1,875 5,485 786 1,875 1,941 3,547 166 158 111 105 207 1,628 .............................. 126 329 1,923 328 1,771 285 88 1 The Pacific cod A season for trawl gear does not open until January 20. 2 The Pacific cod B season for trawl gear closes November 1. 3 The Western and Central GOA and WYK District area apportionments of pollock are considered ACLs. TABLE 19—FINAL 2021 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV) GROUNDFISH SIDEBOARD LIMITS khammond on DSKJM1Z7X2PROD with RULES [Values are rounded to the nearest metric ton] Species Apportionments by season/gear Area/component Pollock ................................. A Season—January 20–March 10 ........... Shumagin (610) ................. Chirikof (620) ..................... Kodiak (630) ....................... Shumagin (610) ................. B Season—March 10–May 31 ................. VerDate Sep<11>2014 18:37 Mar 09, 2020 Jkt 250001 PO 00000 Frm 00099 Fmt 4700 Sfmt 4700 Ratio of 1995– 1997 non-exempt AFA CV catch to 1995–1997 TAC Final 2021 TACs 3 0.6047 0.1167 0.2028 0.6047 533 19,344 5,964 533 E:\FR\FM\10MRR1.SGM 10MRR1 Final 2021 nonexempt AFA CV sideboard limit 322 2,257 1,209 322 13822 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations TABLE 19—FINAL 2021 GOA NON-EXEMPT AMERICAN FISHERIES ACT CATCHER VESSEL (CV) GROUNDFISH SIDEBOARD LIMITS—Continued [Values are rounded to the nearest metric ton] Species Apportionments by season/gear Area/component C Season—August 25–October 1 ............ D Season—October 1–November 1 ........ Annual ...................................................... Pacific cod ........................... A Season 1—January 1–June 10 ............. B Season 2—September 1–December 31 Flatfish, shallow-water ......... Annual ...................................................... Flatfish, deep-water ............. Annual ...................................................... Rex sole .............................. Arrowtooth flounder ............. Flathead sole ....................... Pacific ocean perch ............. Annual Annual Annual Annual Annual Annual Northern rockfish ................. 1 2 3 ...................................................... ...................................................... ...................................................... ...................................................... ...................................................... ...................................................... Ratio of 1995– 1997 non-exempt AFA CV catch to 1995–1997 TAC Final 2021 TACs 3 0.1167 0.2028 0.6047 0.1167 0.2028 0.6047 0.1167 0.2028 0.3495 0.3495 0.1331 0.0692 0.1331 0.0692 0.0156 0.0587 0.0647 0.0128 0.0384 0.0280 0.0213 0.0748 0.0466 0.0277 22,917 2,391 9,354 6,950 9,537 9,354 6,950 9,537 5,728 10,148 1,246 2,284 830 1,522 13,250 28,205 1,914 3,787 8,912 66,683 15,400 22,727 5,877 3,027 Chirikof (620) ..................... Kodiak (630) ....................... Shumagin (610) ................. Chirikof (620) ..................... Kodiak (630) ....................... Shumagin (610) ................. Chirikof (620) ..................... Kodiak (630) ....................... WYK (640) ......................... SEO (650) .......................... W ........................................ C ......................................... W ........................................ C ......................................... W ........................................ C ......................................... C ......................................... E ......................................... C ......................................... C ......................................... C ......................................... C ......................................... E ......................................... C ......................................... Final 2021 nonexempt AFA CV sideboard limit 2,674 485 5,656 811 1,934 5,656 811 1,934 2,002 3,547 166 158 111 105 207 1,656 124 48 342 1,867 328 1,700 274 84 The Pacific cod A season for trawl gear does not open until January 20. The Pacific cod B season for trawl gear closes November 1. The Western and Central GOA and WYK District area apportionments of pollock are considered ACLs. Non-Exempt AFA Catcher Vessel Halibut PSC Limits The halibut PSC sideboard limits for non-exempt AFA CVs in the GOA are based on the aggregate retained groundfish catch by non-exempt AFA CVs in each PSC target category from 1995 through 1997 divided by the retained catch of all vessels in that fishery from 1995 through 1997 (§ 679.64(b)(4)(ii)). Table 20 lists the final 2020 and 2021 non-exempt AFA CV halibut PSC limits for vessels using trawl gear in the GOA. TABLE 20—FINAL 2020 AND 2021 NON-EXEMPT AFA CV HALIBUT PROHIBITED SPECIES CATCH (PSC) SIDEBOARD LIMITS FOR VESSELS USING TRAWL GEAR IN THE GOA khammond on DSKJM1Z7X2PROD with RULES [Values are rounded to nearest metric ton] Ratio of 1995–1997 non-exempt AFA CV retained catch to total retained catch 2020 and 2021 PSC limit 2020 and 2021 non-exempt AFA CV PSC limit 0.340 0.070 0.340 0.070 0.340 0.070 0.340 0.070 0.205 384 135 85 256 121 341 53 75 256 131 9 29 18 41 24 18 5 52 Total shallow-water ......................... ............................ .......................... 219 Total deep-water ............................. ............................ .......................... 56 1,706 328 Season Season dates Target fishery 1 ............... January 20–April 1 .......................... 2 ............... April 1–July 1 ................................... 3 ............... July 1–August 1 ............................... 4 ............... August 1–October 1 ........................ 5 ............... October 1–December 31 ................. shallow-water ................................... deep-water ....................................... shallow-water ................................... deep-water ....................................... shallow-water ................................... deep-water ....................................... shallow-water ................................... deep-water ....................................... all targets ......................................... Annual ............................................................. Total, all season and categories Non-AFA Crab Vessel Groundfish Harvest Limitations Section 680.22 establishes groundfish catch limits for vessels with a history of VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 participation in the Bering Sea snow crab fishery to prevent these vessels from using the increased flexibility provided by the Crab Rationalization PO 00000 Frm 00100 Fmt 4700 Sfmt 4700 (CR) Program to expand their level of participation in the GOA groundfish fisheries. Sideboard limits restrict these vessels’ catch to their collective E:\FR\FM\10MRR1.SGM 10MRR1 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations historical landings in each GOA groundfish fishery (except the fixed-gear sablefish fishery). Sideboard limits also apply to catch made using an LLP license derived from the history of a restricted vessel, even if that LLP license is used on another vessel. The basis for these sideboard limits is described in detail in the final rules implementing the major provisions of the CR Program, including Amendments 18 and 19 to the Fishery Management Plan for Bering Sea/Aleutian Islands King and Tanner Crabs (Crab FMP) (70 FR 10174, March 2, 2005), Amendment 34 to the Crab FMP (76 FR 35772, June 20, 2011), Amendment 83 to the GOA FMP (76 FR 74670, December 1, 2011), and Amendment 45 to the Crab FMP (80 FR 28539, May 19, 2015). As discussed earlier in this preamble, NMFS published a final rule (84 FR 2723, February 8, 2019) that establishes regulations to prohibit directed fishing for specific groundfish species or species groups subject to sideboard limits, rather than prohibiting directed fishing for non-AFA crab vessel sideboards through the GOA annual harvest specifications. Those groundfish species or species groups with sideboard limits subject to the final rule are now prohibited to directed fishing in regulation (§ 680.22(e)(1)(i) and (iii)). Beginning with the 2020 and 2021 harvest specifications, NMFS is incorporating such changes into the 13823 specification and the management of non-AFA crab vessel sideboard limits and will continue to publish only those non-AFA crab vessel sideboard limit amounts for groundfish species not subject to the final rule. This decreases the overall number of sideboard limits specified in the GOA harvest specifications, compared to previous years. Tables 21 and 22 list the final 2020 and 2021 groundfish sideboard limitations for non-AFA crab vessels. All targeted or incidental catch of sideboard species made by non-AFA crab vessels or associated LLP licenses will be deducted from these sideboard limits. TABLE 21—FINAL 2020 GOA NON-AMERICAN FISHERIES ACT CRAB VESSEL GROUNDFISH SIDEBOARD LIMITS [Values are rounded to the nearest metric ton] Species Season/gear Area/component/gear Pacific cod .......................... A Season ........................... January 1–June 10 ............ B Season ........................... September 1–December 31 Western Pot CV ................. Central Pot CV ................... Western Pot CV ................. Central Pot CV ................... Ratio of 1996–2000 non-AFA crab vessel catch to 1996–2000 total harvest Final 2020 TACs 0.0997 0.0474 0.0997 0.0474 Final 2020 non-AFA crab vessel sideboard limit 1,246 2,284 830 1,522 124 108 83 72 TABLE 22—FINAL 2021 GOA NON-AMERICAN FISHERIES ACT CRAB VESSEL GROUNDFISH SIDEBOARD LIMITS [Values are rounded to the nearest metric ton] Species Season/gear Area/component/gear Pacific cod .......................... A Season ........................... January 1–June 10 ............ B Season ........................... September 1–December 31 Western Pot CV ................. Central Pot CV ................... Western Pot CV ................. Central Pot CV ................... khammond on DSKJM1Z7X2PROD with RULES Rockfish Program Groundfish Sideboard and Halibut PSC Limitations The Rockfish Program establishes three classes of sideboard provisions: CV groundfish sideboard restrictions, C/ P rockfish sideboard restrictions, and C/ P opt-out vessel sideboard restrictions (§ 679.82(c)(1)). These sideboards are intended to limit the ability of rockfish harvesters to expand into other GOA groundfish fisheries. CVs participating in the Rockfish Program may not participate in directed fishing for dusky rockfish, Pacific ocean perch, and northern rockfish in the West VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 Ratio of 1996–2000 non-AFA crab vessel catch to 1996–2000 total harvest Yakutat District and Western GOA from July 1 through July 31. Also, CVs may not participate in directed fishing for arrowtooth flounder, deep-water flatfish, and rex sole in the GOA from July 1 through July 31 (§ 679.82(d)). C/Ps participating in Rockfish Program cooperatives are restricted by rockfish and halibut PSC sideboard limits. These C/Ps are prohibited from directed fishing for dusky rockfish, Pacific ocean perch, and northern rockfish in the West Yakutat District and Western GOA from July 1 through July 31 (§ 679.82(e)(2)). Holders of C/Pdesignated LLP licenses that opt out of PO 00000 Frm 00101 Fmt 4700 Sfmt 4700 Final 2021 TACs 0.0997 0.0474 0.0997 0.0474 1,246 2,284 830 1,522 Final 2021 non-AFA crab vessel sideboard limit 124 108 83 72 participating in a Rockfish Program cooperative will be able to access that portion of each rockfish sideboard limit that is not assigned to rockfish cooperatives (§ 679.82 (e)(7)). The sideboard ratio for each fishery in the West Yakutat District and the Western GOA is set forth in § 679.82(e)(4). Tables 23 and 24 list the final 2020 and 2021 Rockfish Program C/P sideboard limits in the West Yakutat District and the Western GOA. Due to confidentiality requirements associated with fisheries data, the sideboard limits for the West Yakutat District are not displayed. E:\FR\FM\10MRR1.SGM 10MRR1 13824 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations TABLE 23—FINAL 2020 ROCKFISH PROGRAM SIDEBOARD LIMITS FOR THE WESTERN GOA AND WEST YAKUTAT DISTRICT BY FISHERY FOR THE CATCHER/PROCESSOR SECTOR [Values are rounded to the nearest metric ton] Area Fishery C/P sector (% of TAC) Western GOA ............................... Dusky rockfish ............................. Pacific ocean perch ..................... Northern rockfish ......................... Dusky rockfish ............................. Pacific ocean perch ..................... 72.3 .............................................. 50.6 .............................................. 74.3 .............................................. Confidential 1 ................................ Confidential 1 ................................ West Yakutat District ................... 1 Not Final 2020 TACs 776 1,437 1,133 115 1,470 Final 2020 C/P limit 561. 727. 884. Confidential.1 Confidential.1 released due to confidentiality requirements associated with fish ticket data, as established by NMFS and the State of Alaska. TABLE 24—FINAL 2021 ROCKFISH PROGRAM SIDEBOARD LIMITS FOR THE WESTERN GOA AND WEST YAKUTAT DISTRICT BY FISHERY FOR THE CATCHER/PROCESSOR SECTOR [Values are rounded to the nearest metric ton] Area Fishery C/P sector (% of TAC) Western GOA ............................... Dusky rockfish ............................. Pacific ocean perch ..................... Northern rockfish ......................... Dusky rockfish ............................. Pacific ocean perch ..................... 72.3 .............................................. 50.6 .............................................. 74.3 .............................................. Confidential 1 ................................ Confidential 1 ................................ West Yakutat District ................... 1 Not Final 2021 TACs 759 1,379 1,079 113 1,410 Final 2021 C/P limit 549. 698. 802. Confidential.1 Confidential.1 released due to confidentiality requirements associated with fish ticket data, as established by NMFS and the State of Alaska. Under the Rockfish Program, the C/P sector is subject to halibut PSC sideboard limits for the trawl deepwater and shallow-water species fisheries from July 1 through July 31 (§ 679.82(e)(3) and (5)). Halibut PSC sideboard ratios by fishery are set forth in § 679.82(e)(5). No halibut PSC sideboard limits apply to the CV sector, as CVs participating in cooperatives receive a portion of the annual halibut PSC limit. C/Ps that opt out of the Rockfish Program are able to access that portion of the deep-water and shallowwater halibut PSC sideboard limit not assigned to C/P rockfish cooperatives. The sideboard provisions for C/Ps that elect to opt out of participating in a rockfish cooperative are described in § 679.82(c), (e), and (f). Sideboard limits are linked to the catch history of specific vessels that may choose to opt out. After March 1, NMFS will determine which C/Ps have opted-out of the Rockfish Program in 2020, and NMFS will know the ratios and amounts used to calculate opt-out sideboard ratios. NMFS will then calculate any applicable opt-out sideboards for 2020 and post these limits on the Alaska Region website at https:// www.fisheries.noaa.gov/alaska/ sustainable-fisheries/alaska-fisheriesmanagement-reports#central-goarockfish. Table 25 lists the final 2020 and 2021 Rockfish Program halibut PSC sideboard limits for the C/P sector. TABLE 25—FINAL 2020 AND 2021 ROCKFISH PROGRAM HALIBUT PSC SIDEBOARD LIMITS FOR THE CATCHER/PROCESSOR SECTOR khammond on DSKJM1Z7X2PROD with RULES [Values are rounded to the nearest metric ton] Sector Shallow-water species fishery halibut PSC sideboard ratio (percent) Deep-water species fishery halibut PSC sideboard ratio (percent) 2020 and 2021 halibut mortality limit (mt) Annual shallow-water species fishery halibut PSC sideboard limit (mt) Annual deep-water species fishery halibut PSC sideboard limit (mt) Catcher/processor .................................. 0.10 2.50 1,706 2 43 Amendment 80 Program Groundfish and PSC Sideboard Limits participants eligible for the Amendment 80 Program to expand their harvest efforts in the GOA. Section 679.92 establishes groundfish harvesting sideboard limits on all Amendment 80 program vessels, other than the F/V Golden Fleece, to amounts no greater than the limits listed in Table 37 to 50 CFR part 679. Under § 679.92(d), the F/V Golden Fleece is prohibited from directed fishing for pollock, Pacific cod, Pacific ocean Amendment 80 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (Amendment 80 Program) established a limited access privilege program for the non-AFA trawl C/P sector. The Amendment 80 Program established groundfish and halibut PSC catch limits for Amendment 80 Program participants to limit the ability of VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 PO 00000 Frm 00102 Fmt 4700 Sfmt 4700 perch, dusky rockfish, and northern rockfish in the GOA. Groundfish sideboard limits for Amendment 80 Program vessels operating in the GOA are based on their average aggregate harvests from 1998 through 2004 (72 FR 52668, September 14, 2007). Tables 26 and 27 list the final 2020 and 2021 groundfish sideboard limits for Amendment 80 Program vessels. NMFS will deduct all targeted or incidental catch of sideboard species E:\FR\FM\10MRR1.SGM 10MRR1 13825 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations made by Amendment 80 Program vessels from the sideboard limits in Tables 26 and 27. TABLE 26—FINAL 2020 GOA GROUNDFISH SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS [Values are rounded to nearest metric ton] Ratio of Amendment 80 sector vessels 1998–2004 catch to TAC Species Apportionments and allocations by season Area Pollock ................................... A Season .............................. January 20–March 10 ........... Shumagin (610) .................... Chirikof (620) ........................ Kodiak (630) ......................... Shumagin (610) .................... Chirikof (620) ........................ Kodiak (630) ......................... Shumagin (610) .................... Chirikof (620) ........................ Kodiak (630) ......................... Shumagin (610) .................... Chirikof (620) ........................ Kodiak (630) ......................... WYK (640) ............................ W .......................................... C ........................................... W .......................................... C ........................................... WYK ...................................... W .......................................... WYK ...................................... W .......................................... W .......................................... WYK ...................................... B Season .............................. March 10–May 31 ................. C Season .............................. August 25–October 1 ........... D Season .............................. October 1–November 1 ........ Pacific ocean perch ............... Annual ................................... A Season 1 ............................ January 1–June 10 ............... B Season 2 ............................ September 1–December 31 Annual ................................... Annual ................................... Northern rockfish ................... Dusky rockfish ....................... Annual ................................... Annual ................................... Pacific cod ............................. 1 The 2 The 0.003 0.002 0.002 0.003 0.002 0.002 0.003 0.002 0.002 0.003 0.002 0.002 0.002 0.020 0.044 0.020 0.044 0.034 0.994 0.961 1.000 0.764 0.896 2020 TAC (mt) 2020 Amendment 80 vessel sideboards (mt) 517 18,757 5,783 517 22,222 2,318 9,070 6,739 9,248 9,070 6,739 9,248 5,554 1,246 2,284 830 1,522 549 1,437 1,470 1,133 776 115 2 38 12 2 44 5 27 13 18 27 13 18 11 25 100 17 67 19 1,428 1,413 1,133 593 103 Pacific cod A season for trawl gear does not open until January 20. Pacific cod B season for trawl gear closes November 1. TABLE 27—FINAL 2021 GOA GROUNDFISH SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS [Values are rounded to nearest metric ton] Species Apportionments and allocations by season Area Pollock ................................... A Season .............................. January 20–March 10 ........... Shumagin (610) .................... Chirikof (620) ........................ Kodiak (630) ......................... Shumagin (610) .................... Chirikof (620) ........................ Kodiak (630) ......................... Shumagin (610) .................... Chirikof (620) ........................ Kodiak (630) ......................... Shumagin (610) .................... Chirikof (620) ........................ Kodiak (630) ......................... WYK (640) ............................ W .......................................... C ........................................... W .......................................... C ........................................... WYK ...................................... W .......................................... WYK ...................................... W .......................................... W .......................................... WYK ...................................... B Season .............................. March 10–May 31 ................. C Season .............................. August 25–October 1 ........... D Season .............................. October 1–November 1 ........ Pacific ocean perch ............... Annual ................................... A Season 1 ............................ January 1–June 10 ............... B Season 2 ............................ September 1–December 31 Annual ................................... Annual ................................... Northern rockfish ................... Dusky rockfish ....................... Annual ................................... Annual ................................... Pacific cod ............................. khammond on DSKJM1Z7X2PROD with RULES Ratio of Amendment 80 sector vessels 1998–2004 catch to TAC 1 The 2 The 0.003 0.002 0.002 0.003 0.002 0.002 0.003 0.002 0.002 0.003 0.002 0.002 0.002 0.020 0.044 0.020 0.044 0.034 0.994 0.961 1.000 0.764 0.896 Pacific cod A season for trawl gear does not open until January 20. Pacific cod B season for trawl gear closes November 1. VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 PO 00000 Frm 00103 Fmt 4700 Sfmt 4700 E:\FR\FM\10MRR1.SGM 10MRR1 2021 TAC (mt) 533 19,344 5,964 533 22,917 2,391 9,354 6,950 9,537 9,354 6,950 9,537 5,728 1,246 2,284 830 1,522 549 1,379 1,410 1,079 759 113 2021 Amendment 80 vessel sideboards (mt) 2 39 12 2 46 5 28 14 19 28 14 19 11 25 100 17 67 19 1,371 1,355 1,079 580 101 13826 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations The halibut PSC sideboard limits for Amendment 80 Program vessels in the GOA are based on the historic use of halibut PSC by Amendment 80 Program vessels in each PSC target category from 1998 through 2004. These values are slightly lower than the average historic use to accommodate two factors: percentages of the halibut PSC sideboard limits that may be used by Amendment 80 Program vessels as contained in Table 38 to 50 CFR part 679. Any residual amount of a seasonal Amendment 80 halibut PSC sideboard limit may carry forward to the next season limit (§ 679.92(b)(2)). Allocation of halibut PSC cooperative quota under the Rockfish Program and the exemption of the F/V Golden Fleece from this restriction (§ 679.92(b)(2)). Table 28 lists the final 2020 and 2021 halibut PSC sideboard limits for Amendment 80 Program vessels. These tables incorporate the maximum TABLE 28—FINAL 2020 AND 2021 HALIBUT PSC SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS IN THE GOA [Values are rounded to nearest metric ton] Historic Amendment 80 use of the annual halibut PSC limit catch (ratio) 2020 and 2021 annual PSC limit (mt) 2020 and 2021 Amendment 80 vessel PSC limit Season Season dates Target fishery 1 ............... January 20–April 1 .............................. 2 ............... April 1–July 1 ....................................... 3 ............... July 1–August 1 ................................... 4 ............... August 1–October 1 ............................ 5 ............... October 1–December 31 ..................... shallow-water ....................................... deep-water ........................................... shallow-water ....................................... deep-water ........................................... shallow-water ....................................... deep-water ........................................... shallow-water ....................................... deep-water ........................................... shallow-water ....................................... deep-water ........................................... 0.0048 0.0115 0.0189 0.1072 0.0146 0.0521 0.0074 0.0014 0.0227 0.0371 1,706 1,706 1,706 1,706 1,706 1,706 1,706 1,706 1,706 1,706 8 20 32 183 25 89 13 2 39 63 Total .. .............................................................. .............................................................. ........................ ........................ 474 Directed Fishing Closures Pursuant to § 679.20(d)(1)(i), if the Regional Administrator determines 1) that any allocation or apportionment of a target species or species group allocated or apportioned to a fishery will be reached; or 2) with respect to pollock and Pacific cod, that an allocation or apportionment to an inshore or offshore component or sector allocation will be reached, then the Regional Administrator may establish a directed fishing allowance (DFA) for that species or species group. If the Regional Administrator establishes a DFA and that allowance is or will be reached before the end of the fishing season or year, NMFS will prohibit directed fishing for that species or species group in the specified GOA subarea, regulatory area, or district (§ 679.20(d)(1)(iii)). The Regional Administrator has determined that the TACs for the species listed in Table 29 are necessary to account for the incidental catch of these species in other anticipated groundfish fisheries for the 2020 and 2021 fishing years. TABLE 29—2020 AND 2021 DIRECTED FISHING CLOSURES IN THE GOA khammond on DSKJM1Z7X2PROD with RULES [Amounts for incidental catch in other directed fisheries are in metric tons] Target Area/component/gear Incidental catch amount and year (if amounts differ by year) Pollock ............................................................... Sablefish 2 .......................................................... Pacific cod 3 ....................................................... all/offshore ........................................................ all/trawl ............................................................. Western, all sectors, all gear types Central, all sectors, all gear types Eastern, inshore and offshore. All ...................................................................... All ...................................................................... All ...................................................................... All ...................................................................... All ...................................................................... All ...................................................................... All ...................................................................... All ...................................................................... All ...................................................................... All ...................................................................... not applicable1. 1,978 (2020), 3,058 (2021). See Tables 5 and 6 of this final rule for incidental catch amounts. Shortraker rockfish 2 .......................................... Rougheye/blackspotted rockfish 2 ..................... Thornyhead rockfish 2 ........................................ Other rockfish .................................................... Atka mackerel .................................................... Big skate ............................................................ Longnose skate ................................................. Other skates ...................................................... Sharks ................................................................ Octopuses .......................................................... 708. 1,209 (2020), 1,211 (2021). 2,016. 4,053. 3,000. 3,208. 2,587. 875. 8,184. 980. 1 Pollock is closed to directed fishing in the GOA by the offshore component under § 679.20(a)(6)(i). not applicable to participants in cooperatives conducted under the Central GOA Rockfish Program, as cooperatives are prohibited from exceeding their allocations (§ 679.7(n)(6)(viii)). 3 NMFS prohibited directed fishing for Pacific cod in the GOA on January 1, 2020, through December 31, 2020 (84 FR 70438, December 23, 2019). 2 Closures VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 PO 00000 Frm 00104 Fmt 4700 Sfmt 4700 E:\FR\FM\10MRR1.SGM 10MRR1 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES Consequently, in accordance with § 679.20(d)(1)(i), the Regional Administrator establishes the DFA for the species or species groups listed in Table 29 as zero mt. Therefore, in accordance with § 679.20(d)(1)(iii), NMFS is prohibiting directed fishing for those species, areas, gear types, and components in the GOA listed in Table 29 effective at 1200 hours, A.l.t., March 10, 2020, through 2400 hours, A.l.t., December 31, 2021. Closures implemented under the 2019 and 2020 GOA harvest specifications for groundfish (84 FR 9416, March 14, 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 Areas: https://www.fisheries.noaa.gov/rulesand-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. NMFS may implement other closures during the 2020 and 2021 fishing years as necessary for effective conservation and management. Comments and Responses NMFS received two letters containing two substantive comments during the public comment period for the proposed GOA groundfish harvest specifications. No changes were made to the final rule in response to the comment letters received. NMFS’s response to public comments on the proposed GOA groundfish harvest specifications is provided below. Comment 1: The allowable harvest of groundfish species in the GOA should be reduced by 50 percent to avoid exploiting the fisheries resources of the GOA and to account for the marine animals that rely on fish. Response: Pursuant to National Standard One of the Magnuson-Stevens Act, NMFS must achieve, on a continuing basis, the optimum yield from each fishery for the U.S. fishing industry (16 U.S.C. 1851(a)(1)). Under the FMP and implementing regulations, the optimum yield for the GOA groundfish fisheries ranges from 116,000 to 800,000 mt. Based on the best available science, the Council determined that the optimum yield for 2020 and 2021 is 399,239 mt and 407,982 mt, respectively, and recommended TACs to achieve this optimum yield. NMFS agrees with this recommendation. Reducing the harvest of all groundfish by 50 percent would VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 not achieve optimum yield for the GOA groundfish fisheries, and would not comply with National Standard One. Moreover, NMFS’s primary objective in the harvest specifications process is the conservation and management of groundfish 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 includes information on the condition of each groundfish species, as well as the condition of other ecosystem components, including marine mammals and seabirds. The recommended TACs for species and species groups in the GOA are based on the most recent SAFE report, and none of the NMFS-managed groundfish species in the GOA is overfished or subject to overfishing. In addition, NMFS has considered impacts on endangered and threatened species and marine mammals and has developed measures to address those impacts. Comment 2: NMFS should prohibit commercial fishing, and only allow subsistence fishing, in the GOA. Response: The groundfish harvest specifications regulations that implement the FMP govern commercial fishing for groundfish in the GOA by vessels of the United States. The groundfish harvest specifications are for commercial fishing activities. Noncommercial fishing activities, including subsistence fishing, are outside of the scope of this action. Classification NMFS has determined that the final harvest specifications are consistent with the FMP and with the MagnusonStevens Fishery Conservation and Management Act and other applicable laws. This action is authorized under 50 CFR 679.20 and is exempt from review 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 EIS. In January 2020, NMFS prepared a SIR for this action. Copies of the 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 PO 00000 Frm 00105 Fmt 4700 Sfmt 4700 13827 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 preferred alternative is a harvest strategy in which TACs are set at a level within the range of ABCs recommended by the Council’s SSC; the sum of the TACs must achieve the OY specified in the FMP. The annual 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 EIS, does not constitute a substantial change in the action; and (2) there are no significant new 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 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 in the final action. Section 604 describes the required contents of a FRFA: (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 E:\FR\FM\10MRR1.SGM 10MRR1 khammond on DSKJM1Z7X2PROD with RULES 13828 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations 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 that affect the impact on small entities was rejected. A description of this action, its purpose, and its legal basis are contained 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 66109). 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 include: (1) Entities operating vessels with groundfish FFPs catching FMP groundfish in Federal waters; (2) all entities operating vessels, regardless of whether they hold groundfish FFPs, catching FMP groundfish in the Statewaters parallel fisheries; and (3) all entities operating vessels fishing for halibut inside three miles of the shore (whether or not they have FFPs). 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 VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 (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 756 individual catcher vessel entities with gross revenues meeting small entity criteria. Of these entities, 706 used hook-and-line gear, 74 used pot gear, and 28 used trawl gear (some of these entities used more than one gear type, thus the counts of entities using the different gear types do not sum to the total number of entities above). Three individual catcher/ processors met the small entity criterion; two used hook-and-line gear, and one used trawl gear. Catcher/ processor gross revenues were not reported for confidentiality reasons; however, in 2018, small hook-and-line entities had average gross revenues of $390,000, small pot entities had average gross revenues of $870,000, and small trawl entities had average gross revenues of $2 million. Some of these vessels are members of AFA inshore pollock cooperatives, of GOA rockfish cooperatives, or of Bering Sea and Aleutian Islands crab rationalization cooperatives, and, therefore, under the RFA it is the aggregate gross receipts of all participating members of the cooperative that must meet the threshold. Vessels that participate in these cooperatives are considered to be large entities within the meaning of the RFA. These relationships are accounted for, along with corporate affiliations among vessels, to the extent that they are known, in the estimated number of small entities. If affiliations exist of which NMFS is unaware, or if entities had non-fishing revenue sources, the estimates above may overstate the number of directly regulated small entities. This action does not modify recordkeeping or reporting requirements. NMFS considered alternative harvest strategies when choosing the preferred harvest strategy (Alternative 2) in December 2006. These included the following: • Alternative 1: Set TACs to produce fishing mortality rates, F, that are equal to maxFABC, unless the sum of the TACs is constrained by the OY established in the FMP. This is equivalent to setting TACs to produce harvest levels equal to the maximum permissible ABCs, as constrained by OY. The term ‘‘maxFABC’’ refers to the maximum permissible value of FABC under Amendment 56 to the GOA PO 00000 Frm 00106 Fmt 4700 Sfmt 4700 groundfish fishery management plan. 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, set TAC to produce F equal to the most recent 5-year average actual F. For species in Tiers 4, 5, and 6, set TAC equal to the most recent 5-year average actual catch. For stocks with a high level of scientific information, TACs 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, TACs 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 ABCs, and recent average F may provide a better indicator of actual F than FABC does. • Alternative 4: First, set TACs for rockfish species in Tier 3 at F75%; set TACs for rockfish species in Tier 5 at F=0.5M; and set spatially explicit TACs for shortraker and rougheye/ blackspotted rockfish in the GOA. Second, taking the rockfish TACs as calculated above, reduce all other TACs by a proportion that does not vary across species, so that the sum of all TACs, including rockfish TACs, is equal to the lower bound of the area OY (116,000 mt in the GOA). This alternative sets conservative and spatially explicit TACs for rockfish species that are long-lived and late to mature and sets conservative TACs for the other groundfish species. • Alternative 5: (No Action) Set TACs at zero. Alternatives 1, 3, 4, and 5 do not meet the objectives of this action, and although Alternatives 1 and 3 may have a smaller adverse economic impact on small entities than the preferred alternative, Alternatives 4 and 5 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 2 is the preferred alternative chosen by the Council: 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. This is the method for determining TACs that has been used in the past. E:\FR\FM\10MRR1.SGM 10MRR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations Alternative 2 selected harvest rates that will allow fishermen to harvest stocks at the level of ABCs, unless total harvests are constrained by the upper bound of the GOA OY of 800,000 mt. The sums of ABCs in 2020 and 2021 are 465,956 mt and 471,990 mt, respectively. The sums of the TACs in 2020 and 2021 are 399,239 mt and 407,982 mt, respectively. Thus, although the sum of ABCs in each year is less than 800,000 mt, the sums of the TACs in each year are less than the sums of the ABCs. In most cases, the Council has set TACs equal to ABCs. The divergence between aggregate TACs and aggregate ABCs reflects a variety of special species- and fishery-specific circumstances: • Pacific cod TACs were first set equal to 70 percent in the Western GOA and 75 percent in the Central and Eastern GOA of the Pacific cod ABCs in each year to account for the GHL set by the State for its GHL Pacific cod fisheries (30 percent of the Western GOA ABC and 25 percent of the Central and Eastern GOA ABCs). In addition, the Council recommended and NMFS agrees to further reduce the 2020 and 2021 Pacific cod TACs in light of the current status of the Pacific cod stock. • Shallow-water flatfish Western Regulatory Area and flathead sole Central and Western Regulatory Area TACs are set below ABCs. Arrowtooth flounder TACs are set below ABC in all GOA regulatory areas, except the Central GOA. Catches of these flatfish species rarely, if ever, approach the proposed ABCs or TACs. Important trawl fisheries in the GOA take halibut PSC, and are constrained by limits on the allowable halibut PSC mortality. These limits may force the closure of trawl fisheries before they have harvested the available groundfish ABC. Thus, actual harvests of groundfish in the GOA routinely fall short of some ABCs and TACs. Markets can also constrain harvests below the TACs, as has been the case with arrowtooth flounder, in the past. These TACs are set to allow for increased harvest opportunities for these targets while conserving the halibut PSC limit for use in other, more fully utilized fisheries. • The GOA-wide Atka mackerel TAC is set below the ABC. The current estimates of survey biomass continue to be unreliable in the GOA. Therefore, the Council recommended and NMFS agrees that the Atka mackerel TAC in the GOA be set at an amount to support incidental catch in other directed fisheries. Alternative 1 selects harvest rates that would allow fishermen to harvest stocks VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 at the level of the ABCs, unless total harvests were constrained by the upper bound of the GOA OY of 800,000 mt. Although Alternative 1 may be consistent with the preferred alternative (Alternative 2), meet the objectives of the action, and have small entity impacts equivalent to the preferred alternative, it is not likely that Alternative 1 would result in reduced adverse economic impacts to directlyregulated small entities relative to Alternative 2. The selection of Alternative 1, which could increase all TACs up to the sum of ABCs, would not reflect the practical implications that increased TACs for some species probably would not be fully harvested. This could be due to a variety of reasons, which are addressed in the preamble to this rule and are summarized briefly here. There may be a lack of commercial or market interest in some species. Additionally, an underharvest of flatfish TACs could result due to constraints such as the fixed, and therefore constraining, PSC limits associated with the harvest of the GOA groundfish species. Finally, the TACs for two species (pollock and Pacific cod) cannot be set equal to ABC, as the TAC must be set to account for the State of Alaska’s GHLs in these fisheries. Alternative 3 selects harvest rates based on the most recent 5 years of harvest rates (for species in Tiers 1 through 3) or based on the most recent 5 years of harvests (for species in Tiers 4 through 6). This alternative is inconsistent with the objectives of this action because it does not take account of the most recent biological information for this fishery, as well as National Standard 2 of the MagnusonStevens Act (16 U.S.C. 1851(a)(2)). NMFS annually conducts at-sea surveys for different species, as well as statistical modeling, to estimate stock sizes and permissible harvest levels. Actual harvest rates or harvest amounts are a component of these estimates, but in and of themselves may not accurately portray stock sizes and conditions. Harvest rates are listed for each species or species group for each year in the SAFE report (see ADDRESSES). Alternative 4 would lead to significantly lower harvests of all species to reduce TACs from the upper end of the OY range in the GOA to its lower end of 116,000 mt. Overall, this alternative would reduce 2020 TACs by about 71 percent, compared to the Council’s recommended total 2020 TAC of 399,239 mt. This would lead to significant reductions in harvests of species by small entities. While production declines in the GOA likely PO 00000 Frm 00107 Fmt 4700 Sfmt 4700 13829 would be associated with offsetting price increases in the GOA, the size of these increases is very uncertain. Price increases would still be constrained by the availability of substitutes, and there are close substitutes for GOA groundfish species available in significant quantities from the Bering Sea and Aleutian Islands management area. In addition, price increases are very unlikely to offset revenue declines from smaller production. Thus, this action would have a detrimental economic impact on small entities, compared to the preferred alternative. Alternative 5, which sets all harvests equal to zero, may also 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 MagnusonStevens Act (16 U.S.C. 1851(a)(1)). Adverse impacts on marine mammals, or endangered or threatened species, resulting from fishing activities conducted under this rule 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 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. For all fisheries not currently closed because the TACs established under the final 2019 and 2020 harvest specifications (84 FR 9416, March 14, 2019) were not reached, it is possible that they would be closed prior to the expiration of a 30-day delayed effectiveness period because their TACs could be reached within that period. 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 E:\FR\FM\10MRR1.SGM 10MRR1 13830 Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES established in the 2019 and 2020 harvest specifications (84 FR 9416, March 14, 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, are intensive, fast-paced fisheries. Other fisheries, such as those for sablefish, flatfish, rockfish, Atka mackerel, 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 many of these fisheries. If this rule allowed for a 30-day delay in effectiveness and if a TAC were reached during those 30 days, NMFS would close directed fishing or prohibit retention for the applicable species. Any delay in allocating the final TACs in these fisheries would cause confusion to the industry and potential economic harm through unnecessary discards, thus undermining the intent of this rule. Waiving the 30-day delay allows NMFS to prevent economic loss to fishermen that could otherwise occur should the 2020 TACs (set under the 2019 and 2020 harvest specifications) be reached. Determining which fisheries may close is nearly impossible because these fisheries are affected by several factors that cannot be predicted in advance, including fishing effort, weather, VerDate Sep<11>2014 16:53 Mar 09, 2020 Jkt 250001 movement of fishery stocks, and market price. Furthermore, the closure of one fishery has a cascading effect on other fisheries by freeing-up fishing vessels, allowing them to move from closed fisheries to open ones, increasing the fishing capacity in those open fisheries, and causing them to close at an accelerated pace. In fisheries subject to declining sideboard limits, a failure to implement the updated sideboard limits before initial season’s end could deny the intended economic protection to the non-sideboarded sectors. Conversely, in fisheries with increasing sideboard limits, economic benefit could be denied to the sideboard-limited sectors. 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. This would result in confusion for the industry 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. 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 TACs. Therefore, NMFS finds good cause to PO 00000 Frm 00108 Fmt 4700 Sfmt 9990 waive the 30-day delay in 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 GOA. 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 affects all fishermen who participate in the GOA fisheries. The specific 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), 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 24, 2020. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2020–04016 Filed 3–9–20; 8:45 am] BILLING CODE 3510–22–P E:\FR\FM\10MRR1.SGM 10MRR1

Agencies

[Federal Register Volume 85, Number 47 (Tuesday, March 10, 2020)]
[Rules and Regulations]
[Pages 13802-13830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04016]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 200221-0062]
RIN 0648-XY201

Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of
Alaska; 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.

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SUMMARY: NMFS announces final 2020 and 2021 harvest specifications,
apportionments, and Pacific halibut prohibited species catch limits for
the groundfish fishery of the Gulf of Alaska (GOA). This action is
necessary to establish harvest limits for groundfish during the
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 Gulf of Alaska. The 2020 harvest specifications
supersede those previously set in the final 2019 and 2020 harvest
specifications, and the 2021 harvest specifications will be superseded
in early 2021 when the final 2021 and 2022 harvest specifications are
published. The intended effect of this action is to conserve and manage
the groundfish resources in the GOA in accordance with the Magnuson-
Stevens Fishery Conservation and Management Act.

DATES: Harvest specifications and closures are effective at 1200 hours,
Alaska local time (A.l.t.), March 10, 2020, through 2400 hours, A.l.t.,
December 31, 2021.

ADDRESSES: Electronic copies of the Final Alaska Groundfish Harvest
Specifications Environmental Impact Statement (EIS), Record of Decision
(ROD), the annual Supplementary Information Reports (SIRs) to the EIS,
and the Initial Regulatory Flexibility Analysis (IRFA) prepared for
this action are available from https://alaskafisheries.noaa.gov. The
2019 Stock Assessment and Fishery Evaluation (SAFE) report for the
groundfish resources of the GOA, dated November 2019, and SAFE reports
for previous years are available from the North Pacific Fishery
Management Council (Council) at 1007 West 3rd Avenue, Suite 400,
Anchorage, AK

[[Page 13803]]

99501, phone 907-271-2809, or from the Council's website at https://www.npfmc.org.

FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.

SUPPLEMENTARY INFORMATION: NMFS manages the GOA groundfish fisheries in
the exclusive economic zone of the GOA under the Fishery Management
Plan for Groundfish of the Gulf of Alaska (FMP). The Council prepared
the FMP under the authority of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801
et seq. Regulations governing U.S. fisheries and implementing the FMP
appear at 50 CFR parts 600, 679, and 680.
The FMP and its implementing regulations require that NMFS, after
consultation with the Council, specify the total allowable catch (TAC)
for each target species, the sum of which must be within the optimum
yield (OY) range of 116,000 to 800,000 metric tons (mt) (50 CFR
679.20(a)(1)(i)(B)). Section 679.20(c)(1) further requires that NMFS
publish and solicit public comment on proposed annual TACs and
apportionments thereof, Pacific halibut prohibited species catch (PSC)
limits, and seasonal allowances of pollock and Pacific cod. Upon
consideration of public comment received under Sec. 679.20(c)(1), NMFS
must publish notice of final harvest specifications for up to two
fishing years as annual TACs and apportionments, Pacific halibut PSC
limits, and seasonal allowances of pollock and Pacific cod, per Sec.
679.20(c)(3)(ii). The final harvest specifications set forth in Tables
1 through 29 of this rule reflect the outcome of this process, as
required at Sec. 679.20(c).
The proposed 2020 and 2021 harvest specifications for groundfish of
the GOA and Pacific halibut PSC limits were published in the Federal
Register on December 3, 2019 (84 FR 66109). Comments were invited and
accepted through January 2, 2020. NMFS received two letters of comment
on the proposed harvest specifications; the comments are summarized and
responded to in the ``Comments and Responses'' section of this rule. No
changes were made to the final rule in response to the letters of
comment received. In December 2019, NMFS consulted with the Council
regarding the 2020 and 2021 harvest specifications. After considering
public comment, as well as biological and socioeconomic data that were
available at the Council's December 2019 meeting, NMFS is implementing
the final 2020 and 2021 harvest specifications, as recommended by the
Council. For 2020, the sum of the TAC amounts is 399,239 mt. For 2021,
the sum of the TAC amounts is 407,982 mt.

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 overfishing level
(OFL), Acceptable Biological Catch (ABC), and TAC for sculpins in the
GOA groundfish harvest specifications. Under the Council's recommended
action, OFL, ABC, and TAC specifications for sculpins would no longer
be required. NMFS intends to develop rulemaking to implement the
Council's recommendation for sculpins. Such rulemaking would prohibit
directed fishing for sculpins, maintain recordkeeping and reporting,
and establish a sculpin maximum retainable amount when directed fishing
for groundfish species at 20 percent to discourage retention, while
allowing flexibility to prosecute groundfish fisheries. Further details
(and public comment on the sculpin action) will be available on
publication of the proposed rule to reclassify sculpins as an ecosystem
component species of the FMP. If the FMP amendment and its implementing
regulations are approved by the Secretary of Commerce, the action is
anticipated to be effective in 2021. Until effective, NMFS will
continue to publish OFLs, ABCs, and TACs for sculpins in the GOA
groundfish harvest specifications.

Final Rulemaking To Prohibit Directed Fishing for American Fisheries
Act (AFA) and Crab Rationalization (CR) Program Sideboard Limits

On February 8, 2019, NMFS published a final rule (84 FR 2723) that
modified regulations for the AFA Program and CR Program participants
subject to limits on the catch of specific species (sideboard limits)
in the GOA. Sideboard limits are intended to prevent participants who
benefit from receiving exclusive harvesting privileges in a particular
fishery from shifting effort to other fisheries. Specifically, the
final rule established regulations to prohibit directed fishing for
most groundfish species or species groups subject to sideboard limits
under the AFA Program and CR Program, rather than prohibiting directed
fishing through the annual GOA harvest specifications. Since the final
rule is now effective, NMFS is no longer publishing in the annual GOA
harvest specifications the AFA Program and CR Program sideboard limit
amounts for groundfish species or species groups subject to the final
rule. Those groundfish species subject to the final rule associated
with sideboard limits are now prohibited to directed fishing in
regulation (Sec. Sec. 679.20(d)(1)(iv)(D) and 680.22(e)(1)(i) and
(iii) and Tables 54, 55, and 56 to 50 CFR part 679). NMFS is publishing
in the annual GOA harvest specifications the AFA Program and CR Program
sideboard limit amounts for groundfish species or species groups that
were not subject to the final rule (see Tables 18, 19, 21 and 22 of
this action).

Proposed Revisions to the GOA Pollock Seasons and Pacific Cod Seasonal
Allocations

In June 2019, the Council recommended for Secretarial review
Amendment 109 to the FMP. Amendment 109 would revise pollock seasons
and Pacific cod seasonal allocations. Amendment 109 would modify the
existing annual pollock TAC allocation to two equal seasonal
allocations (50 percent of TAC), rather than four equal seasonal
allocations (25 percent of TAC). The pollock A and B seasons would be
combined into a January 20 through May 31 A season, and the pollock C
and D seasons would be combined into a September 1 through November 1 B
season. Additionally, Amendment 109 would revise the Pacific cod TAC
seasonal apportionments to the trawl catcher vessel (CV) sector by
increasing the A season allocation and decreasing the B season
allocation. Further details (and public comment on Amendment 109) will
be available on publication of the proposed rule to implement Amendment
109. If Amendment 109 and its implementing regulations are approved by
the Secretary of Commerce, the action is anticipated to be effective in
2021.

ABC and TAC Specifications

In December 2019, the Council's Scientific and Statistical
Committee (SSC), its Advisory Panel (AP), and the Council reviewed the
most recent biological and harvest information about the condition of
the GOA groundfish stocks. The Council's GOA Groundfish Plan Team (Plan
Team) compiled and presented this information in the 2019 SAFE report
for the GOA groundfish fisheries, dated November 2019 (see

[[Page 13804]]

ADDRESSES). The SAFE report contains a review of the latest scientific
analyses and estimates of each species' biomass and other biological
parameters, as well as summaries of the available information on the
GOA ecosystem and the economic condition of the groundfish fisheries
off Alaska. From these data and analyses, the Plan Team recommends, and
the SSC sets, an OFL and ABC for each species or species group. The
2019 SAFE report was made available for public review during the public
comment period for the proposed harvest specifications.
In previous years, the greatest changes from the proposed to the
final harvest specifications have been based on recent NMFS stock
surveys, which provide updated estimates of stock biomass and spatial
distribution, and changes to the models used for producing stock
assessments. At the November 2019 Plan Team meeting, NMFS scientists
presented updated and new survey results, changes to stock assessment
models, and accompanying stock assessment estimates for groundfish
species and species groups that are included in the 2019 SAFE report
per the stock assessment schedule found in the 2019 SAFE report
introduction. The SSC reviewed this information at the December 2019
Council meeting. Changes from the proposed to the final 2020 and 2021
harvest specifications are discussed below.
The final 2020 and 2021 OFLs, ABCs, and TACs are based on the best
available biological and socioeconomic information, including projected
biomass trends, information on assumed distribution of stock biomass,
and revised methods used to calculate stock biomass. The FMP specifies
the formulas, or tiers, to be used to compute OFLs and ABCs. The
formulas applicable to a particular stock or stock complex are
determined by the level of reliable information available to fisheries
scientists. This information is categorized into a successive series of
six tiers to define OFL and ABC amounts, with Tier 1 representing the
highest level of information quality available and Tier 6 representing
the lowest level of information quality available. The Plan Team used
the FMP tier structure to calculate OFL and ABC amounts for each
groundfish species. The SSC adopted the final 2020 and 2021 OFLs and
ABCs recommended by the Plan Team for most groundfish species, with the
exception of sablefish and Pacific cod.
For sablefish, as discussed in the proposed 2020 and 2021 harvest
specifications (84 FR 66109, December 3, 2019) the SSC considered the
appropriateness of continuing to specify sablefish OFLs at the separate
Bering Sea, Aleutian Islands, and 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.
For Pacific cod, the SSC accepted the Plan Team's recommendation
for the 2020 Pacific cod ABC, but also decreased the 2021 ABC to equal
the lower 2020 ABC. There is considerable uncertainty about future
Pacific cod recruitment and potential effects of the recent marine heat
wave on Pacific cod mortality. The 2020 Pacific cod assessment should
provide more clarity about future trends.
The Council adopted the SSC's OFLs and ABCs and the AP's TAC
recommendations, with the exception of Pacific cod TACs (further
described below). The final TAC recommendations are based on the ABCs
as adjusted for other biological and socioeconomic considerations,
including maintaining the sum of all TACs within the required OY range
of 116,000 to 800,000 mt.
The Council recommended 2020 and 2021 TACs that are equal to ABCs
for pollock in the Southeast Outside (SEO) District, shallow-water
flatfish in the Central GOA and the West Yakutat and SEO Districts,
deep-water flatfish, rex sole, arrowtooth flounder in the Central GOA,
flathead sole in the West Yakutat and SEO Districts, Pacific ocean
perch, northern rockfish, shortraker rockfish, dusky rockfish, rougheye
and blackspotted rockfish, demersal shelf rockfish, thornyhead
rockfish, ``other rockfish,'' big skate, longnose skate, other skates,
sculpins, sharks, and octopuses in the GOA. The Council recommended
TACs for 2020 and 2021 that are less than the ABCs for pollock in the
Western and Central GOA and the West Yakutat District, Pacific cod,
shallow-water flatfish in the Western GOA, arrowtooth flounder in the
Western GOA and the West Yakutat and SEO Districts, flathead sole in
the Western and Central GOA, and Atka mackerel. The Council recommended
2020 sablefish TACs that are less than the 2020 ABCs, and 2021
sablefish TACs that are equal to 2021 ABCs. Setting the 2020 sablefish
TACs less than 2020 ABCs is intended to provide an incremental increase
to the 2020 sablefish TACs, rather than the very large increase in the
2020 sablefish TACs if they were set equal to ABCs.
The combined Western, Central, and West Yakutat pollock TAC and the
GOA Pacific cod TACs are set to accommodate the State of Alaska's
(State's) guideline harvest levels (GHLs) so that the ABCs for pollock
and Pacific cod are not exceeded. Additionally, the Council recommended
a further decrease to the Pacific cod TACs as an additional
conservation measure due to this stock's low spawning biomass level
(further discussed in the section titled ``Specification and
Apportionment of TAC Amounts''). The Western GOA shallow-water
flatfish, Western GOA arrowtooth flounder, and Western GOA flathead
sole TACs are set to allow for increased harvest opportunities for
these target species while conserving the halibut PSC limit for use in
other, more fully utilized fisheries. Similarly, the Western Yakutat
and SEO Districts arrowtooth flounder TACs and the Central GOA flathead
sole TACs are set lower than ABC to conserve halibut PSC limit for use
in other fisheries or because there is limited commercial interest and
participation in these fisheries. The Atka mackerel TAC is set to
accommodate incidental catch amounts in other fisheries.
The final 2020 and 2021 harvest specifications approved by the
Secretary of Commerce are unchanged from those recommended by the
Council, and are consistent with the preferred harvest strategy
alternative in the EIS (see ADDRESSES).
NMFS finds that the Council's recommended OFLs, ABCs, and TACs are
consistent with the biological condition of the groundfish stocks as
described in the final 2019 SAFE report. NMFS also finds that the
Council's recommendations for OFLs, ABCs, and TACs are consistent with
the biological condition of groundfish stocks as adjusted for other
biological and socioeconomic considerations, including maintaining the
total TAC within the OY range. NMFS reviewed the Council's recommended
TACs and apportionments, and NMFS approves these harvest specifications
under 50 CFR 679.20(c)(3)(ii). The apportionment of TAC amounts among
gear types and

[[Page 13805]]

sectors, processing sectors, and seasons is discussed below.
Tables 1 and 2 list the final 2020 and 2021 OFLs, ABCs, TACs, and
area apportionments of groundfish in the GOA. 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 9416, March 14, 2019). The 2021 harvest
specifications 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 Gulf of Alaska for
approximately one year.

Specification and Apportionment of TAC Amounts

NMFS's apportionment of groundfish species is based on the
distribution of biomass among the regulatory areas over which NMFS
manages the species. Additional regulations govern the apportionment of
pollock, Pacific cod, and sablefish and are described below.
The ABC for the pollock stock in the combined Western and Central
Regulatory Areas and the West Yakutat (WYK) District of the Eastern
Regulatory Area (the W/C/WYK) includes the amount for the GHL
established by the State for the Prince William Sound (PWS) pollock
fishery. The Plan Team, SSC, AP, and Council have recommended that the
sum of all State water and Federal water pollock removals from the GOA
not exceed ABC recommendations. For 2020 and 2021, the SSC recommended
and the Council approved the W/C/WYK pollock ABC, including the amount
to account for the State's PWS GHL. At the November 2019 Plan Team
meeting, State fisheries managers recommended setting the PWS pollock
GHL at 2.5 percent of the annual W/C/WYK pollock ABC. For 2020, this
yields a PWS pollock GHL of 2,712 mt, a decrease of 684 mt from the
2019 PWS pollock GHL of 3,396 mt. For 2021, the PWS pollock GHL is
2,797 mt, a decrease of 599 mt from the 2019 PWS pollock GHL of 3,396
mt. After the GHL reductions, the 2020 and 2021 pollock ABCs for the
combined W/C/WYK areas are then apportioned between four statistical
areas (Areas 610, 620, 630, and 640) as both ABCs and TACs, as
described below and detailed in Tables 1 and 2. The total ABCs and TACs
for the four statistical areas, plus the State PWS GHL, do not exceed
the combined W/C/WYK ABC.
Apportionments of pollock to the W/C/WYK areas are considered to be
``apportionments of annual catch limits (ACLs)'' rather than ``ABCs.''
This more accurately reflects that such apportionments address
management, rather than biological or conservation, concerns. In
addition, apportionments of the ACL in this manner allow NMFS to
balance any transfer of TAC among Areas 610, 620, and 630 pursuant to
Sec. 679.20(a)(5)(iv)(B) to ensure that the combined W/C/WYK ACL, ABC,
and TAC are not exceeded.
NMFS establishes pollock TACs in the Western (Area 610) and Central
(Areas 620 and 630) Regulatory Areas and the West Yakutat (Area 640)
and the SEO (Area 650) Districts of the GOA (see Tables 1 and 2). NMFS
also establishes seasonal apportionments of the annual pollock TACs in
the Western and Central Regulatory Areas of the GOA among Statistical
Areas 610, 620, and 630. These apportionments are divided equally among
each of the following four seasons: The A season (January 20 through
March 10), the B season (March 10 through May 31), the C season (August
25 through October 1), and the D season (October 1 through November 1)
(Sec. Sec. 679.23(d)(2)(i) through (iv), and 679.20(a)(5)(iv)(A) and
(B)). Additional detail is provided in this rule; Tables 3 and 4 list
these amounts.
The 2020 and 2021 Pacific cod TACs are set to accommodate the
State's GHL for Pacific cod in State waters in the Western and Central
Regulatory Areas, as well as in PWS. The Plan Team, SSC, AP, and
Council recommended that the sum of all State water and Federal water
Pacific cod removals from the GOA not exceed ABC recommendations. The
Council set the 2020 and 2021 Pacific cod TACs in the Western, Central,
and Eastern Regulatory Areas to account for State GHLs. Therefore, the
2020 and 2021 Pacific cod TACs are less than the ABCs by the following
amounts: (1) Western GOA, 2,866 mt; (2) Central GOA, 4,652 mt; and (3)
Eastern GOA, 672 mt. These amounts reflect the State's 2020 and 2021
GHLs in these areas, which are 30 percent of the Western GOA ABC and 25
percent of the Eastern and Central GOA ABCs. For 2020, this results in
a Western GOA Pacific cod GHL of 1,483 mt. This also results in a 2,115
mt GHL and 305 mt GHL in the Central GOA and Eastern GOA, respectively.
The 2020 and 2021 Pacific cod TACs also incorporate an additional
reduction from the Pacific cod ABCs, as the Council and NMFS have set
the Pacific cod TACs at a conservative level of 60 percent of the
available ABCs, after deduction of the State GHL amounts. The Council
chose, and NMFS agrees, to make this additional reduction to the
Pacific cod TAC because the most recent biological assessment available
of the stock condition for Pacific cod in the GOA has determined that
the spawning biomass will be below 20 percent of the projected unfished
spawning biomass during 2020.
NMFS establishes seasonal apportionments of the annual Pacific cod
TAC in the Western and Central Regulatory Areas. Sixty percent of the
annual TAC is apportioned to the A season for hook-and-line, pot, and
jig gear from January 1 through June 10, and for trawl gear from
January 20 through June 10. Forty percent of the annual TAC is
apportioned to the B season for jig gear from June 10 through December
31, for hook-and-line and pot gear from September 1 through December
31, and for trawl gear from September 1 through November 1 (Sec. Sec.
679.23(d)(3) and 679.20(a)(12)). The Western and Central GOA Pacific
cod TACs are allocated among various gear and operational sectors. The
Pacific cod sector apportionments are discussed in detail in a
subsequent section and in Tables 5 and 6 of this rule.
In accordance with Sec. 679.20(d)(4), NMFS has determined that a
biological assessment of stock condition for Pacific cod in the GOA
projects that the spawning biomass in the GOA will be below 20 percent
of the projected unfished spawning biomass during 2020. Consequently,
NMFS prohibited directed fishing for Pacific cod in the GOA on January
1, 2020, through December 31, 2020 (84 FR 70438, December 23, 2019).
While this closure is effective the maximum retainable amounts at Sec.
679.20(e) and (f) apply at any time during a trip. Pursuant to Sec.
679.20(d)(4), the directed fishery for Pacific cod in the GOA will
remain closed until a subsequent biological assessment projects that
the spawning biomass for Pacific cod in the GOA will exceed 20 percent
of the projected unfished spawning biomass during a fishing year.
The Council's recommendation for sablefish area apportionments
takes into account the prohibition on the use of trawl gear in the SEO
District of the Eastern Regulatory Area (Sec. 679.7(b)(1)) and makes
available 5 percent of the combined Eastern Regulatory Area

[[Page 13806]]

TACs to vessels using trawl gear for use as incidental catch in other
trawl groundfish fisheries in the WYK District (Sec. 679.20(a)(4)(i)).
Tables 7 and 8 list the final 2020 and 2021 allocations of sablefish
TAC to fixed gear and trawl gear in the GOA.

Changes From the Proposed 2020 and 2021 Harvest Specifications in the
GOA

In October 2019, the Council's recommendations for the proposed
2020 and 2021 harvest specifications (84 FR 66109, December 3, 2019)
were based largely on information contained in the final 2018 SAFE
report for the GOA groundfish fisheries, dated November 2018. The final
2018 SAFE report for the GOA is available from the Council (see
ADDRESSES). The Council proposed that the final OFLs, ABCs, and TACs
established for the 2020 groundfish fisheries (84 FR 9416, March 14,
2019) be used for the proposed 2020 and 2021 harvest specifications (84
FR 66109, December 3, 2019), pending completion and review of the 2019
SAFE report at the Council's December 2019 meeting.
As described previously, the SSC recommended the final 2020 and
2021 OFLs and ABCs as recommended by the Plan Team. The Council adopted
as its recommendations the SSC's OFL and ABC recommendations and the
AP's TAC recommendations (except for Pacific cod) for 2020 and 2021.
The final 2020 ABCs are higher than the proposed 2020 ABCs
published in the proposed 2020 and 2021 harvest specifications (84 FR
66109, December 3, 2019) for pollock, sablefish, rex sole, Pacific
ocean perch, northern rockfish, dusky rockfish, big skate, and
octopuses. The final 2020 ABCs are lower than the proposed 2020 ABCs
for Pacific cod, shallow-water flatfish, deep-water flatfish,
arrowtooth flounder, flathead sole, shortraker rockfish, rougheye/
blackspotted rockfish, demersal shelf rockfish, other rockfish,
longnose skate, other skates, and sculpins.
The final 2021 ABCs are higher than the proposed 2021 ABCs for
pollock, sablefish, shallow-water flatfish, rex sole, flathead sole,
Pacific ocean perch, big skate, and octopuses. The final 2021 ABCs are
lower than the proposed 2021 ABCs for Pacific cod, deep-water flatfish,
arrowtooth flounder, northern rockfish, shortraker rockfish, dusky
rockfish, rougheye/blackspotted rockfish, demersal shelf rockfish,
other rockfish, longnose skates, other skates, and sculpins. For the
remaining target species, the Council recommended the final 2020 and
2021 ABCs that are the same as the proposed 2020 and 2021 ABCs.
Additional information explaining the changes between the proposed
and final ABCs is included in the final 2019 SAFE report, which was not
available when the Council made its proposed ABC and TAC
recommendations in October 2019. At that time, the most recent stock
assessment information was contained in the final 2018 SAFE report. The
final 2019 SAFE report contains the best and most recent scientific
information on the condition of the groundfish stocks, as previously
discussed in this preamble, and is available for review (see
ADDRESSES). The Council considered the 2019 SAFE report in December
2019 when it made recommendations for the final 2020 and 2021 harvest
specifications. In the GOA, the total final 2020 TAC amount is 399,239
mt, a decrease of 2 percent from the total proposed 2020 TAC amount of
408,534 mt. The total final 2021 TAC amount is 407,982 mt, a decrease
of 0.1 percent from the total proposed 2021 TAC amount of 408,534 mt.
Table 1a summarizes the difference between the proposed and final TACs.
Annual stock assessments incorporate a variety of new or revised
inputs, such as survey data or catch information, as well as changes to
the statistical models used to estimate a species' biomass and
population trend. Changes to biomass and ABC estimates are primarily
based on fishery catch updates to species' assessment models. Some
species, such as pollock and sablefish, have additional surveys
conducted on an annual basis, which resulted in additional data being
available for the 2019 assessments for these stocks.
The changes from the proposed 2020 TACs to the final 2020 TACs are
within a range of plus 13 percent or minus 59 percent, and the changes
from the proposed 2021 TACs to the final 2021 TACs are within a range
of plus 44 percent or minus 59 percent. Based on changes in the
estimates of overall biomass in the stock assessment for 2020 and 2021,
as compared to the estimates previously made for 2019 and 2020, the
species or species group with the greatest TAC percentage increases are
sablefish (in 2021), Pacific ocean perch, and big skate. Based on
changes in the estimates of biomass, the species or species group with
the greatest decreases in TACs are Pacific cod, deep-water flatfish,
shortraker rockfish, rougheye/blackspotted rockfish, other rockfish,
longnose skates, and other skates. For all other species and species
groups, changes from the proposed 2020 TACs to the final 2020 TACs and
changes from the proposed 2021 TACs to the final 2021 TACs are less
than a 10 percent change (either increase or decrease). These TAC
changes correspond to associated changes in the ABCs and TACs, as
recommended by the SSC, AP, and Council.
Detailed information providing the basis for the changes described
above is contained in the final 2019 SAFE report. The final TACs are
based on the best scientific information available, including
biological and socioeconomic information. These TACs are specified in
compliance with the harvest strategy described in the proposed and
final rules for the 2020 and 2021 harvest specifications.

Table 1a--Comparison of Proposed and Final 2020 and 2021 GOA Total Allowable Catch Limits
[Values are rounded to the nearest metric ton and percentage]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2020 final 2021 final
Species 2020 and 2021 2020 final minus 2020 Percentage 2021 final minus 2021 Percentage
proposed TAC TAC proposed TAC difference TAC proposed TAC difference
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock................................. 114,943 115,930 987 1 119,239 4,296 4
Pacific cod............................. 15,709 6,431 -9,278 -59 6,431 -9,278 -59
Sablefish............................... 15,462 14,393 -1,069 -7 22,252 6,790 44
Shallow-water flatfish.................. 43,606 44,864 1,258 3 45,403 1,797 4
Deep-water flatfish..................... 9,624 6,030 -3,594 -37 5,926 -3,698 -38
Rex sole................................ 14,725 14,878 153 1 15,416 691 5
Arrowtooth flounder..................... 96,875 96,969 94 0 94,983 -1,892 -2
Flathead sole........................... 26,587 28,262 1,675 6 28,386 1,799 7
Pacific ocean perch..................... 27,652 31,238 3,586 13 29,983 2,331 8
Northern rockfish....................... 4,269 4,311 42 1 4,106 -163 -4
Shortraker rockfish..................... 863 708 -155 -18 708 -155 -18
Dusky rockfish.......................... 3,670 3,676 6 0 3,598 -72 -2

[[Page 13807]]

Rougheye/blackspotted rockfish.......... 1,414 1,209 -205 -14 1,211 -203 -14
Demersal shelf rockfish................. 261 238 -23 -9 238 -23 -9
Thornyhead rockfish..................... 2,016 2,016 0 0 2,016 0 0
Other rockfish.......................... 5,594 4,053 -1,541 -28 4,053 -1,541 -28
Atka mackerel........................... 3,000 3,000 0 0 3,000 0 0
Big skate............................... 2,848 3,208 360 13 3,208 360 13
Longnose skate.......................... 3,572 2,587 -985 -28 2,587 -985 -28
Other skates............................ 1,384 875 -509 -37 875 -509 -37
Sculpins................................ 5,301 5,199 -102 -2 5,199 -102 -2
Sharks.................................. 8,184 8,184 0 0 8,184 0 0
Octopuses............................... 975 980 5 1 980 5 1
---------------------------------------------------------------------------------------------------------------
Total................................... 408,534 399,239 -9,295 -2 407,982 -552 -0.1
--------------------------------------------------------------------------------------------------------------------------------------------------------

The final 2020 and 2021 TAC amounts for the GOA are within the OY
range established for the GOA and do not exceed the ABC for any species
or species group. Tables 1 and 2 list the final OFL, ABC, and TAC
amounts for GOA groundfish for 2020 and 2021, respectively.

Table 1--Final 2020 OFLs, ABCs, and TACs of Groundfish for the Western/Central/West Yakutat, Western, Central,
Eastern Regulatory Areas, the West Yakutat and Southeast Outside Districts of the Eastern Regulatory Area, and
Gulfwide Districts of the Gulf of Alaska
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Species Area \1\ OFL ABC TAC
----------------------------------------------------------------------------------------------------------------
Pollock \2\........................... Shumagin (610).......... n/a 19,175 19,175
Chirikof (620).......... n/a 54,456 54,456
Kodiak (630)............ n/a 26,597 26,597
WYK (640)............... n/a 5,554 5,554
W/C/WYK (subtotal) \2\.. 140,674 108,494 105,782
SEO (650)............... 13,531 10,148 10,148
-----------------------------------------------
Total 154,205 118,642 115,930
Pacific cod \3\....................... W....................... n/a 4,942 2,076
C....................... n/a 8,458 3,806
E....................... n/a 1,221 549
-----------------------------------------------
Total 17,794 14,621 6,431
Sablefish \4\......................... W....................... n/a 2,278 1,942
C....................... n/a 7,560 6,445
WYK..................... n/a 2,521 2,343
SEO..................... n/a 4,524 3,663
E (WYK and SEO) n/a 7,045 6,006
(subtotal).
-----------------------------------------------
Total 50,481 16,883 14,393
Shallow-water flatfish \5\............ W....................... n/a 23,849 13,250
C....................... n/a 27,732 27,732
WYK..................... n/a 2,773 2,773
SEO..................... n/a 1,109 1,109
-----------------------------------------------
Total 68,010 55,463 44,864
Deep-water flatfish \6\............... W....................... n/a 226 226
C....................... n/a 1,948 1,948
WYK..................... n/a 2,105 2,105
SEO..................... n/a 1,751 1,751
-----------------------------------------------
Total 7,163 6,030 6,030
Rex sole.............................. W....................... n/a 2,901 2,901
C....................... n/a 8,579 8,579
WYK..................... n/a 1,174 1,174
SEO..................... n/a 2,224 2,224
-----------------------------------------------
Total 18,127 14,878 14,878
Arrowtooth flounder................... W....................... n/a 31,455 14,500
C....................... n/a 68,669 68,669
WYK..................... n/a 10,242 6,900
SEO..................... .............. 17,694 6,900
-----------------------------------------------

[[Page 13808]]

Total 153,017 128,060 96,969
Flathead sole......................... W....................... n/a 13,783 8,650
C....................... n/a 20,201 15,400
WYK..................... n/a 2,354 2,354
SEO..................... n/a 1,858 1,858
-----------------------------------------------
Total 46,572 38,196 28,262
Pacific ocean perch \7\............... W....................... n/a 1,437 1,437
C....................... n/a 23,678 23,678
WYK..................... n/a 1,470 1,470
W/C/WYK subtotal........ 31,567 26,585 26,585
SEO..................... 5,525 4,653 4,653
-----------------------------------------------
Total 37,092 31,238 31,238
Northern rockfish \8\................. W....................... n/a 1,133 1,133
C....................... n/a 3,178 3,178
E....................... n/a 1 ..............
-----------------------------------------------
Total 5,143 4,312 4,311
Shortraker rockfish \9\............... W....................... n/a 52 52
C....................... n/a 284 284
E....................... n/a 372 372
-----------------------------------------------
Total 944 708 708
Dusky rockfish \10\................... W....................... n/a 776 776
C....................... n/a 2,746 2,746
WYK..................... n/a 115 115
SEO..................... n/a 39 39
-----------------------------------------------
Total 4,492 3,676 3,676
Rougheye and Blackspotted rockfish W....................... n/a 168 168
\11\.
C....................... n/a 455 455
E....................... n/a 586 586
-----------------------------------------------
Total 1,452 1,209 1,209
Demersal shelf rockfish \12\.......... SEO..................... 375 238 238
Thornyhead rockfish................... W....................... n/a 326 326
C....................... n/a 911 911
E....................... n/a 779 779
-----------------------------------------------
Total 2,688 2,016 2,016
Other rockfish 13 14.................. W and C................. n/a 940 940
WYK..................... n/a 369 369
SEO..................... n/a 2,744 2,744
-----------------------------------------------
Total 5,320 4,053 4,053
Atka mackerel......................... GW...................... 6,200 4,700 3,000
Big skate \15\........................ W....................... n/a 758 758
C....................... n/a 1,560 1,560
E....................... n/a 890 890
-----------------------------------------------
Total................... 4,278 3,208 3,208
Longnose skate \16\................... W....................... n/a 158 158
C....................... n/a 1,875 1,875
E....................... n/a 554 554
-----------------------------------------------
Total 3,449 2,587 2,587
Other skates \17\..................... GW...................... 1,166 875 875
Sculpins.............................. GW...................... 6,932 5,199 5,199
Sharks................................ GW...................... 10,913 8,184 8,184
Octopus............................... GW...................... 1,307 980 980
-------------------------------------------------------------------------
Total............................. ........................ 607,120 465,956 399,239
----------------------------------------------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec. 679.2. (W = Western Gulf of Alaska; C = Central Gulf of
Alaska; E = Eastern Gulf of Alaska; WYK = West Yakutat District; SEO = Southeast Outside District; GW = Gulf-
wide).

[[Page 13809]]

\2\ The total for the W/C/WYK Regulatory Areas pollock ABC is 108,494 mt. After deducting 2.5 percent (2,712 mt)
of that ABC for the State's pollock GHL fishery, the remaining pollock ABC of 105,782 mt (for the W/C/WYK
Regulatory Areas) is apportioned among four statistical areas (Areas 610, 620, 630, and 640). These
apportionments are considered subarea ACLs, rather than ABCs, for specification and reapportionment purposes.
The ACLs in Areas 610, 620, and 630 are further divided by season, as detailed in Table 3 (final 2020 seasonal
biomass distribution of pollock in the Western and Central Regulatory Areas, area apportionments, and seasonal
allowances). In the West Yakutat (Area 640) and Southeast Outside (Area 650) Districts of the Eastern
Regulatory Area, pollock is not divided into seasonal allowances.
\3\ The annual Pacific cod TAC is apportioned 60 percent to the A season and 40 percent to the B season in the
Western and Central Regulatory Areas of the GOA. Pacific cod TAC in the Eastern Regulatory Area of the GOA is
allocated 90 percent to vessels harvesting Pacific cod for processing by the inshore component and 10 percent
to vessels harvesting Pacific cod for processing by the offshore component. Table 5 lists the final 2020
Pacific cod seasonal apportionments and sector allocations.
\4\ The sablefish OFL is set Alaska-wide. Additionally, sablefish is allocated to trawl and fixed gear in 2020
and trawl gear in 2021. Table 7 lists the final 2020 allocations of sablefish TACs.
\5\ ``Shallow-water flatfish'' means flatfish not including ``deep-water flatfish,'' flathead sole, rex sole, or
arrowtooth flounder.
\6\ ``Deep-water flatfish'' means Dover sole, Greenland turbot, Kamchatka flounder, and deepsea sole.
\7\ ``Pacific ocean perch'' means Sebastes alutus.
\8\ ``Northern rockfish'' means Sebastes polyspinis. For management purposes, the 1 mt apportionment of ABC to
the WYK District of the Eastern Gulf of Alaska has been included in the ``other rockfish'' species group.
\9\ ``Shortraker rockfish'' means Sebastes borealis.
\10\ ``Dusky rockfish'' means Sebastes variabilis.
\11\ ``Rougheye and blackspotted rockfish'' means Sebastes aleutianus (rougheye) and Sebastes melanostictus
(blackspotted).
\12\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper),
S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
\13\ ``Other rockfish'' means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio),
S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S.
wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani
(shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus
(vermilion), S. reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). In the Eastern GOA
only, other rockfish also includes northern rockfish, S. polyspinis.
\14\ ``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District means other
rockfish and demersal shelf rockfish. The ``other rockfish'' species group in the SEO District only includes
other rockfish.
\15\ ``Big skate'' means Raja binoculata.
\16\ ``Longnose skate'' means Raja rhina.
\17\ ``Other skates'' means Bathyraja and Raja spp.

Table 2--Final 2021 OFLs, ABCs, and TACs of Groundfish for the Western/Central/West Yakutat, Western, Central,
Eastern Regulatory Areas, the West Yakutat and Southeast Outside Districts of the Eastern Regulatory Area, and
Gulfwide Districts of the Gulf of Alaska
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Species Area \1\ OFL ABC TAC
----------------------------------------------------------------------------------------------------------------
Pollock \2\........................... Shumagin (610).......... n/a 19,775 19,775
Chirikof (620).......... n/a 56,159 56,159
Kodiak (630)............ n/a 27,429 27,429
WYK (640)............... n/a 5,728 5,728
W/C/WYK (subtotal) \2\.. 149,988 111,888 109,091
SEO (650)............... 13,531 10,148 10,148
-----------------------------------------------
Total 163,519 122,036 119,239
Pacific cod \3\....................... W....................... n/a 4,942 2,076
C....................... n/a 8,458 3,806
E....................... n/a 1,221 549
-----------------------------------------------
Total 30,099 14,621 6,431
Sablefish \4\......................... W....................... n/a 3,003 3,003
C....................... n/a 9,963 9,963
WYK..................... n/a 3,323 3,323
SEO..................... n/a 5,963 5,963
E (WYK and SEO) n/a 9,286 9,286
(subtotal).
-----------------------------------------------
Total 64,765 22,252 22,252
Shallow-water flatfish \5\............ W....................... n/a 24,256 13,250
C....................... n/a 28,205 28,205
WYK..................... n/a 2,820 2,820
SEO..................... n/a 1,128 1,128
-----------------------------------------------
Total 69,129 56,409 45,403
Deep-water flatfish \6\............... W....................... n/a 225 225
C....................... n/a 1,914 1,914
WYK..................... n/a 2,068 2,068
SEO..................... n/a 1,719 1,719
-----------------------------------------------
Total 7,040 5,926 5,926
Rex sole.............................. W....................... n/a 3,013 3,013
C....................... n/a 8,912 8,912
WYK..................... n/a 1,206 1,206
SEO..................... n/a 2,285 2,285
-----------------------------------------------
Total 18,779 15,416 15,416
Arrowtooth flounder................... W....................... n/a 30,545 14,500

[[Page 13810]]

C....................... n/a 66,683 66,683
WYK..................... n/a 9,946 6,900
SEO..................... n/a 17,183 6,900
-----------------------------------------------
Total 148,597 124,357 94,983
Flathead sole......................... W....................... n/a 14,191 8,650
C....................... n/a 20,799 15,400
WYK..................... n/a 2,424 2,424
SEO..................... n/a 1,912 1,912
-----------------------------------------------
Total 47,919 39,326 28,386
Pacific ocean perch \7\............... W....................... n/a 1,379 1,379
C....................... n/a 22,727 22,727
WYK..................... n/a 1,410 1,410
W/C/WYK................. 30,297 25,516 25,516
SEO..................... 5,303 4,467 4,467
-----------------------------------------------
Total 35,600 29,983 29,983
Northern rockfish \8\................. W....................... n/a 1,079 1,079
C....................... n/a 3,027 3,027
E....................... n/a 1 ..............
-----------------------------------------------
Total 4,898 4,107 4,106
Shortraker rockfish \9\............... W....................... n/a 52 52
C....................... n/a 284 284
E....................... n/a 372 372
-----------------------------------------------
Total 944 708 708
Dusky rockfish \10\................... W....................... n/a 759 759
C....................... n/a 2,688 2,688
WYK..................... n/a 113 113
SEO..................... n/a 38 38
-----------------------------------------------
Total 4,396 3,598 3,598
Rougheye and Blackspotted rockfish W....................... n/a 169 169
\11\.
C....................... n/a 455 455
E....................... n/a 587 587
-----------------------------------------------
Total 1,455 1,211 1,211
Demersal shelf rockfish \12\.......... SEO..................... 375 238 238
Thornyhead rockfish................... W....................... n/a 326 326
C....................... n/a 911 911
E....................... n/a 779 779
-----------------------------------------------
Total 2,688 2,016 2,016
W and C................. n/a 940 940
Other rockfish\13\ \14\............... WYK..................... n/a 369 369
SEO..................... n/a 2,744 2,744
-----------------------------------------------
Total 5,320 4,053 4,053
Atka mackerel......................... GW...................... 6,200 4,700 3,000
Big skate \15\........................ W....................... n/a 758 758
C....................... n/a 1,560 1,560
E....................... n/a 890 890
-----------------------------------------------
Total 4,278 3,208 3,208
Longnose skate \16\................... W....................... n/a 158 158
C....................... n/a 1,875 1,875
E....................... n/a 554 554
-----------------------------------------------
Total 3,449 2,587 2,587
Other skates \17\..................... GW...................... 1,166 875 875
Sculpins.............................. GW...................... 6,932 5,199 5,199
Sharks................................ GW...................... 10,913 8,184 8,184
Octopus............................... GW...................... 1,307 980 980
-------------------------------------------------------------------------
Total............................. ........................ 639,768 471,990 407,982
----------------------------------------------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec. 679.2. (W = Western Gulf of Alaska; C = Central Gulf of
Alaska; E = Eastern Gulf of Alaska; WYK = West Yakutat District; SEO = Southeast Outside District; GW = Gulf-
wide).

[[Page 13811]]

\2\ The total for the W/C/WYK Regulatory Areas pollock ABC is 111,888 mt. After deducting 2.5 percent (2,797 mt)
of that ABC for the State's pollock GHL fishery, the remaining pollock ABC of 109,091 mt (for the W/C/WYK
Regulatory Areas) is apportioned among four statistical areas (Areas 610, 620, 630, and 640). These
apportionments are considered subarea ACLs, rather than ABCs, for specification and reapportionment purposes.
The ACLs in Areas 610, 620, and 630 are further divided by season, as detailed in Table 4 (final 2021 seasonal
biomass distribution of pollock in the Western and Central Regulatory Areas, area apportionments, and seasonal
allowances). In the West Yakutat (Area 640) and Southeast Outside (Area 650) Districts of the Eastern
Regulatory Area, pollock is not divided into seasonal allowances.
\3\ The annual Pacific cod TAC is apportioned 60 percent to the A season and 40 percent to the B season in the
Western and Central Regulatory Areas of the GOA. Pacific cod TAC in the Eastern Regulatory Area of the GOA is
allocated 90 percent to vessels harvesting Pacific cod for processing by the inshore component and 10 percent
to vessels harvesting Pacific cod for processing by the offshore component. Table 6 lists the final 2021
Pacific cod seasonal apportionments and sector allocations.
\4\ The sablefish OFL is set Alaska-wide. Additionally, sablefish is only allocated to trawl gear for 2021.
Table 8 lists the final 2021 allocation of sablefish TACs to trawl gear.
\5\ ``Shallow-water flatfish'' means flatfish not including ``deep-water flatfish,'' flathead sole, rex sole, or
arrowtooth flounder.
\6\ ``Deep-water flatfish'' means Dover sole, Greenland turbot, Kamchatka flounder, and deepsea sole.
\7\ ``Pacific ocean perch'' means Sebastes alutus.
\8\ ``Northern rockfish'' means Sebastes polyspinis. For management purposes, the 1 mt apportionment of ABC to
the WYK District of the Eastern Gulf of Alaska has been included in the ``other rockfish'' species group.
\9\ ``Shortraker rockfish'' means Sebastes borealis.
\10\ ``Dusky rockfish'' means Sebastes variabilis.
\11\ ``Rougheye and blackspotted rockfish'' means Sebastes aleutianus (rougheye) and Sebastes melanostictus
(blackspotted).
\12\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper),
S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
\13\ ``Other rockfish'' means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio),
S. goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S.
wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani
(shortbelly), S. brevispinis (silvergrey), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus
(vermilion), S. reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). In the Eastern GOA
only, other rockfish also includes northern rockfish, S. polyspinis.
\14\ ``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District means other
rockfish and demersal shelf rockfish. The ``other rockfish'' species group in the SEO District only includes
other rockfish.
\15\ ``Big skate'' means Raja binoculata.
\16\ ``Longnose skate'' means Raja rhina.
\17\ ``Other skates'' means Bathyraja and Raja spp.

Apportionment of Reserves

Section 679.20(b)(2) requires NMFS to set aside 20 percent of each
TAC for pollock, Pacific cod, flatfish, sculpins, sharks, and octopuses
in reserve for possible apportionment at a later date during the
fishing year. For 2020 and 2021, NMFS proposed reapportionment of all
the reserves in the proposed 2020 and 2021 harvest specifications
published in the Federal Register on December 3, 2019 (84 FR 66109).
NMFS did not receive any public comments on the proposed
reapportionments. For the final 2020 and 2021 harvest specifications,
NMFS reapportioned, as proposed, all the reserves for pollock, Pacific
cod, flatfish, sculpins, sharks, and octopuses back to the original TAC
limit from which the reserve was derived (Sec. 679.20(b)(3)). This was
done because NMFS expects, based on recent harvest patterns, that such
reserves are not necessary and that the entire TAC for each of these
species will be caught. The TACs listed in Tables 1 and 2 reflect
reapportionments of reserve amounts to the original TAC limit for these
species and species groups, i.e., each final TAC for the above
mentioned species or species groups contains the full TAC recommended
by the Council.

Apportionments of Pollock TAC Among Seasons and Regulatory Areas, and
Allocations for Processing by Inshore and Offshore Components

In the GOA, pollock is apportioned by season and area, and is
further allocated for processing by inshore and offshore components.
Pursuant to Sec. 679.20(a)(5)(iv)(B), the annual pollock TAC specified
for the Western and Central Regulatory Areas of the GOA is apportioned
into four equal seasonal allowances of 25 percent. As established by
Sec. 679.23(d)(2)(i) through (iv), the A, B, C, and D season
allowances are available from January 20 to March 10, March 10 to May
31, August 25 to October 1, and October 1 to November 1, respectively.
Pollock TACs in the Western and Central Regulatory Areas of the GOA
are apportioned among Statistical Areas 610, 620, and 630 in proportion
to the distribution of the pollock biomass, pursuant to Sec.
679.20(a)(5)(iv)(A). In the A and B seasons, the apportionments
previously were in proportion to the distribution of pollock biomass
based on the four most recent NMFS winter surveys. In the C and D
seasons, the apportionments were in proportion to the distribution of
pollock biomass based on the four most recent NMFS summer surveys. For
2020 and 2021, the Council recommended, and NMFS approved, following
the apportionment methodology that was used previously for the 2019 and
2020 harvest specifications. This methodology averages the winter and
summer distribution of pollock in the Central Regulatory Area for the A
season instead of using the distribution based on only the winter
surveys. The average is intended to reflect the best available
information about migration patterns, distribution of pollock, and the
performance of the fishery in the area during the A season for the 2020
and 2021 fishing years. For the A season, the apportionment is based on
an adjusted estimate of the relative distribution of pollock biomass of
approximately 2 percent, 75 percent, and 23 percent in Statistical
Areas 610, 620, and 630, respectively. For the B season, the
apportionment is based on the relative distribution of pollock biomass
of approximately 2 percent, 89 percent, and 9 percent in Statistical
Areas 610, 620, and 630, respectively. For the C and D seasons, the
apportionment is based on the relative distribution of pollock biomass
of approximately 36 percent, 27 percent, and 37 percent in Statistical
Areas 610, 620, and 630, respectively. The pollock chapter of the 2019
SAFE report (see ADDRESSES) contains a comprehensive description of the
apportionment process and reasons for the minor changes from past
apportionments.
Within any fishing year, the amount by which a pollock seasonal
allowance is underharvested or overharvested may be added to, or
subtracted from, subsequent seasonal allowances for the Western and
Central Regulatory Areas in a manner to be determined by the Regional
Administrator (Sec. 679.20(a)(5)(iv)(B)). The rollover amount is
limited to 20 percent of the subsequent seasonal TAC apportionment for
the statistical area. Any unharvested pollock above the 20-percent
limit could be further distributed to the other statistical areas, in
proportion to the estimated biomass in the subsequent season in those
statistical areas and in an amount no

[[Page 13812]]

more than 20 percent of the seasonal TAC apportionment in those
statistical areas (Sec. 679.20(a)(5)(iv)(B)). The pollock TACs in the
WYK and the SEO Districts of 5,554 mt and 10,148 mt, respectively, in
2020, and 5,728 mt and 10,148 mt, respectively, in 2021, are not
allocated by season.
Tables 3 and 4 list the final 2020 and 2021 seasonal biomass
distribution of pollock in the Western and Central Regulatory Areas,
area apportionments, and seasonal allowances. The amounts of pollock
for processing by the inshore and offshore components are not shown.
Section 679.20(a)(6)(i) requires the allocation of 100 percent of the
pollock TAC in all GOA regulatory areas and all seasonal allowances to
vessels catching pollock for processing by the inshore component after
subtraction of pollock amounts projected by the Regional Administrator
to be caught by, or delivered to, the offshore component incidental to
directed fishing for other groundfish species. Thus, the amount of
pollock available for harvest by vessels harvesting pollock for
processing by the offshore component is that amount that will be taken
as incidental catch during directed fishing for groundfish species
other than pollock, up to the maximum retainable amounts allowed by
Sec. 679.20(e) and (f). At this time, these incidental catch amounts
of pollock are unknown and will be determined during the fishing year
during the course of fishing activities by the offshore component.

Table 3--Final 2020 Distribution of Pollock in the Western and Central Regulatory Areas of the Gulf of Alaska; Seasonal Biomass Distribution; Area
Apportionments; and Seasonal Allowances of Annual TAC
[Values are rounded to the nearest metric ton and percentages are rounded to the nearest 0.01]
--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------
Season \1\ Shumagin
Chirikof
Kodiak Total \2\
(Area 610)
(Area 620)
(Area 630) ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
A (Jan 20-Mar 10)....................... 517 2.06% 18,757 74.86% 5,783 23.08% 25,057
B (Mar 10-May 31)....................... 517 2.06 22,222 88.68 2,318 9.25 25,057
C (Aug 25-Oct 1)........................ 9,070 36.20 6,739 26.89 9,248 36.91 25,057
D (Oct 1-Nov 1)......................... 9,070 36.20 6,739 26.89 9,248 36.91 25,057
---------------------------------------------------------------------------------------------------------------
Annual Total........................ 19,175 .............. 54,456 .............. 26,597 .............. 100,228
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ As established by Sec. 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 to March 10, March 10 to
May 31, August 25 to October 1, and October 1 to November 1, respectively. The amounts of pollock for processing by the inshore and offshore
components are not shown in this table.
\2\ The WYK District and SEO District pollock TACs are not allocated by season and are not included in the total pollock TACs shown in this table.

Table 4--Final 2021 Distribution of Pollock in the Western and Central Regulatory Areas of the Gulf of Alaska; Seasonal Biomass Distribution; Area
Apportionments; and Seasonal Allowances of Annual TAC
[Values are rounded to the nearest metric ton and percentages are rounded to the nearest 0.01]
--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------
Season \1\ Shumagin
Chirikof
Kodiak Total \2\
(Area 610)
(Area 620)
(Area 630) ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
A (Jan 20-Mar 10)....................... 533 2.06% 19,344 74.86% 5,964 23.08% 25,841
B (Mar 10-May 31)....................... 533 2.06 22,917 88.68 2,391 9.25 25,841
C (Aug 25-Oct 1)........................ 9,354 36.20 6,950 26.89 9,537 36.91 25,841
D (Oct 1-Nov 1)......................... 9,354 36.20 6,950 26.89 9,537 36.91 25,841
---------------------------------------------------------------------------------------------------------------
Annual Total........................ 19,775 .............. 56,159 .............. 27,429 .............. 103,363
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ As established by Sec. 679.23(d)(2)(i) through (iv), the A, B, C, and D season allowances are available from January 20 to March 10, March 10 to
May 31, August 25 to October 1, and October 1 to November 1, respectively. The amounts of pollock for processing by the inshore and offshore
components are not shown in this table.
\2\ The WYK District and SEO District pollock TACs are not allocated by season and are not included in the total pollock TACs shown in this table.

Annual and Seasonal Apportionments of Pacific Cod TAC

Pursuant to Sec. 679.20(a)(12)(i), NMFS seasonally allocates the
2020 and 2021 Pacific cod TACs in the Western and Central Regulatory
Areas of the GOA among gear and operational sectors. NMFS also
allocates the Pacific cod TACs annually between the inshore (90
percent) and offshore (10 percent) components in the Eastern Regulatory
Area of the GOA (Sec. 679.20(a)(6)(ii)). In the Central GOA, the
Pacific cod TAC is apportioned seasonally first to vessels using jig
gear, and then among CVs less than 50 feet in length overall using
hook-and-line gear, CVs equal to or greater than 50 feet in length
overall using hook-and-line gear, catcher/processors (C/Ps) using hook-
and-line gear, CVs using trawl gear, C/Ps using trawl gear, and vessels
using pot gear (Sec. 679.20(a)(12)(i)(B)). In the Western GOA, the
Pacific cod TAC is apportioned seasonally first to vessels using jig
gear, and then among CVs using hook-and-line gear, C/Ps using hook-and-
line gear, CVs using trawl gear, C/Ps using trawl gear, and vessels
using pot gear (Sec. 679.20(a)(12)(i)(A)). The overall seasonal
apportionments in the Western and Central GOA are 60 percent of the
annual TAC to the A season and 40 percent of the annual TAC to the B
season.
Under Sec. 679.20(a)(12)(ii), any overage or underage of the
Pacific cod allowance from the A season may be subtracted from, or
added to, the subsequent B season allowance. In addition, any portion
of the hook-and-line, trawl, pot, or jig sector allocations that is
determined by NMFS as likely to go unharvested by a sector may be
reallocated to other sectors for harvest during the remainder of the
fishery year.
Pursuant to Sec. 679.20(a)(12)(i)(A) and (B), a portion of the
annual Pacific cod TACs in the Western and Central GOA will be
allocated to vessels with a

[[Page 13813]]

Federal fisheries permit that use jig gear before the TACs are
apportioned among other non-jig sectors. In accordance with the FMP,
the annual jig sector allocations may increase to up to 6 percent of
the annual Western and Central GOA Pacific cod TACs, depending on the
annual performance of the jig sector (see Table 1 of Amendment 83 to
the FMP for a detailed discussion of the jig sector allocation process
(76 FR 74670, December 1, 2011)). Jig sector allocation increases are
established for a minimum of two years.
NMFS has evaluated the 2019 harvest performance of the jig sector
in the Western and Central GOA, and is establishing the 2020 and 2021
Pacific cod apportionments to this sector based on its historical
harvest performance from 2014 to 2019. For 2020 and 2021, NMFS
allocates the jig sector 3.5 percent of the annual Pacific cod TAC in
the Western GOA. This is an increase from the 2019 jig sector
allocation of 2.5 percent. The 2020 and 2021 allocations consist of a
base allocation of 2.5 percent of the Western GOA Pacific cod TAC, and
a 1.0 percent performance increase because in 2019 the jig sector
harvested greater than 90 percent of its 2019 Pacific cod allocation.
For 2020 and 2021, NMFS allocates the jig sector 1.0 percent of the
annual Pacific cod TAC in the Central GOA. This is the same percent as
the 2019 jig sector allocation because in 2019 this sector harvested
less than 90 percent of its 2019 Pacific cod allocation. The 2020 and
2021 allocations consist of a base allocation of 1.0 percent of the
Central GOA Pacific cod TAC, and no additional performance increase in
the Central GOA.
Tables 5 and 6 list the seasonal apportionments and allocations of
the 2020 and 2021 Pacific cod TACs.

Table 5--Final 2020 Seasonal Apportionments and Allocation of Pacific Cod Total Allowable Catch (TAC) Amounts in
the GOA; Allocations in the Western GOA and Central GOA Sectors, and the Eastern GOA Inshore and Offshore
Processing Components
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
A Season B Season
---------------------------------------------------------------
Annual Sector Sector
Regulatory area and sector \1\ allocation percentage of Seasonal percentage of Seasonal
(mt) annual non- allowances annual non- allowances
jig TAC (mt) jig TAC (mt)
----------------------------------------------------------------------------------------------------------------
Western GOA:
Jig (3.5% of TAC)........... 73 N/A 44 N/A 29
Hook-and-line CV............ 28 0.70 14 0.70 14
Hook-and-line C/P........... 397 10.90 218 8.90 178
Trawl CV.................... 769 27.70 555 10.70 214
Trawl C/P................... 48 0.90 18 1.50 30
All Pot CV and Pot C/P...... 761 19.80 397 18.20 365
-------------------------------------------------------------------------------
Total................... 2,076 60.00 1,246 40.00 830
----------------------------------------------------------------------------------------------------------------
Central GOA:
Jig (1.0% of TAC)........... 38 N/A 23 N/A 15
Hook-and-line <50 CV........ 550 9.32 351 5.29 199
Hook-and-line >=50 CV....... 253 5.61 211 1.10 41
Hook-and-line C/P........... 192 4.11 155 1.00 38
Trawl CV \2\................ 1,567 21.14 796 20.45 771
Trawl C/P................... 158 2.00 75 2.19 83
All Pot CV and Pot C/P...... 1,048 17.83 672 9.97 376
-------------------------------------------------------------------------------
Total................... 3,806 60.00 2,284 40.00 1,522
----------------------------------------------------------------------------------------------------------------
Eastern GOA: Inshore (90% of Annual TAC)
Offshore (10% of Annual TAC)
----------------------------------------------------------------------------------------------------------------
549 494
55
----------------------------------------------------------------------------------------------------------------
\1\ NMFS prohibited directed fishing for Pacific cod in the GOA on January 1, 2020, through December 31, 2020
(84 FR 70438, December 23, 2019), therefore; the seasonal apportionments and allocations in Table 5 are to
support incidental catch of Pacific cod in other fisheries. While the directed fishing closure is effective,
the maximum retainable amounts at Sec. 679.20(e) and (f) apply at any time during a trip.
\2\ Trawl catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 145 mt, of the
annual Central GOA TAC (see Table 28c to 50 CFR part 679), which is deducted from the Trawl CV B season
allowance (see Table 12. Final 2020 Apportionments of Rockfish Secondary Species in the Central GOA and Table
28c to 50 CFR part 679).

Table 6--Final 2021 Seasonal Apportionments and Allocation of Pacific Cod Total Allowable Catch (TAC) Amounts in
the GOA; Allocations in the Western GOA and Central GOA Sectors, and the Eastern GOA Inshore and Offshore
Processing Components
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
A Season B Season
---------------------------------------------------------------
Annual Sector Sector
Regulatory area and sector allocation percentage of Seasonal percentage of Seasonal
(mt) annual non- allowances annual non- allowances
jig TAC (mt) jig TAC (mt)
----------------------------------------------------------------------------------------------------------------
Western GOA:

[[Page 13814]]

Jig (3.5% of TAC)........... 73 N/A 44 N/A 29
Hook-and-line CV............ 28 0.70 14 0.70 14
Hook-and-line C/P........... 397 10.90 218 8.90 178
Trawl CV.................... 769 27.70 555 10.70 214
Trawl C/P................... 48 0.90 18 1.50 30
All Pot CV and Pot C/P...... 761 19.80 397 18.20 365
-------------------------------------------------------------------------------
Total................... 2,076 60.00 1,246 40.00 830
----------------------------------------------------------------------------------------------------------------
Central GOA:
Jig (1.0% of TAC)........... 38 N/A 23 N/A 15
Hook-and-line <50 CV........ 550 9.32 351 5.29 199
Hook-and-line >=50 CV....... 253 5.61 351 1.10 41
Hook-and-line C/P........... 192 4.11 211 1.00 38
Trawl CV \1\................ 1,597 21.14 796 20.45 771
Trawl C/P................... 158 2.00 75 2.19 83
All Pot CV and Pot C/P...... 1,048 17.83 672 9.97 376
-------------------------------------------------------------------------------
Total................... 3,806 60.00 2,284 40.00 1,522
----------------------------------------------------------------------------------------------------------------
Eastern GOA: Inshore (90% of Annual TAC)
Offshore (10% of Annual TAC)
----------------------------------------------------------------------------------------------------------------
549 494
55
----------------------------------------------------------------------------------------------------------------
\1\ Trawl catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 145 mt, of the
annual Central GOA TAC (see Table 28c to 50 CFR part 679), which is deducted from the Trawl CV B season
allowance (see Table 13. Final 2021 Apportionments of Rockfish Secondary Species in the Central GOA and Table
28c to 50 CFR part 679).

Allocations of the Sablefish TAC Amounts to Vessels Using Fixed and
Trawl Gear

Section 679.20(a)(4)(i) and (ii) require allocations of sablefish
TACs for each of the regulatory areas and districts to fixed and trawl
gear. In the Western and Central Regulatory Areas, 80 percent of each
TAC is allocated to fixed gear, and 20 percent of each TAC is allocated
to trawl gear. In the Eastern Regulatory Area, 95 percent of the TAC is
allocated to fixed gear, and 5 percent is allocated to trawl gear. The
trawl gear allocation in the Eastern Regulatory Area may only be used
to support incidental catch of sablefish using trawl gear while
directed fishing for other target species (Sec. 679.20(a)(4)(i)).
In recognition of the prohibition against trawl gear in the SEO
District of the Eastern Regulatory Area, the Council recommended and
NMFS approves specifying for incidental catch the allocation of 5
percent of the combined Eastern Regulatory Area sablefish TAC to trawl
gear in the WYK District of the Eastern Regulatory Area. The remainder
of the WYK District sablefish TAC is allocated to vessels using fixed
gear. NMFS allocates 100 percent of the sablefish TAC in the SEO
District to vessels using fixed gear. This action results in a 2020
allocation of 300 mt to trawl gear and 2,043 mt to fixed gear in the
WYK District, a 2020 allocation of 3,663 mt to fixed gear in the SEO
District, and a 2021 allocation of 464 mt to trawl gear in the WYK
District. Table 7 lists the allocations of the 2020 sablefish TACs to
fixed and trawl gear. Table 8 lists the allocations of the 2021
sablefish TACs to trawl gear.
The Council recommended that a trawl sablefish TAC be established
for two years so that retention of incidental catch of sablefish by
trawl gear could commence in January in the second year of the
groundfish harvest specifications. Both the 2020 and 2021 trawl
allocations are specified in these final harvest specifications, in
Tables 7 and 8, respectively.
The Council also recommended that the fixed gear sablefish TAC be
established annually to ensure that this IFQ fishery is conducted
concurrently with the halibut IFQ fishery and is based on the most
recent survey information. Since there is an annual assessment for
sablefish and since the final harvest specifications are expected to be
published before the IFQ season begins in March 2020, the Council
recommended that the fixed gear sablefish TAC be set annually, rather
than for two years, so that the best scientific information available
could be considered in establishing the sablefish ABCs and TACs.
Accordingly, Table 7 lists the 2020 fixed gear allocations, and the
2021 fixed gear allocations will be specified in the 2021 and 2022
harvest specifications.
With the exception of the trawl allocations that are provided to
the Rockfish Program (see Table 28c to 50 CFR part 679), directed
fishing for sablefish with trawl gear in the GOA is closed during the
fishing year. Also, fishing for groundfish with trawl gear is
prohibited prior to January 20 (Sec. 679.23(c)). Therefore, it is not
likely that the sablefish allocation to trawl gear would be reached
before the effective date of the final 2020 and 2021 harvest
specifications.

[[Page 13815]]

Table 7--Final 2020 Sablefish TAC Amounts in the Gulf of Alaska and Allocations to Fixed and Trawl Gear
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Fixed gear Trawl gear
Area/district TAC allocation allocation
----------------------------------------------------------------------------------------------------------------
Western......................................................... 1,942 1,554 388
Central \1\..................................................... 6,445 5,156 1,289
West Yakutat \2\................................................ 2,343 2,043 300
Southeast Outside............................................... 3,663 3,663 0
-----------------------------------------------
Total....................................................... 14,393 12,415 1,978
----------------------------------------------------------------------------------------------------------------
\1\ The trawl allocation of sablefish in the Central Regulatory Area is further apportioned to the Rockfish
Program cooperatives (663 mt). See Table 12: Final 2020 Apportionments of Rockfish Secondary Species in the
Central GOA. This results in 626 mt being available for the non-Rockfish Program trawl fisheries.
\2\ The trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West Yakutat
and Southeast Outside Districts) sablefish TAC as incidental catch to trawl gear in the West Yakutat District.

Table 8--Final 2021 Sablefish TAC Amounts in the Gulf of Alaska and Allocation to Trawl Gear \1\
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Fixed gear Trawl gear
Area/district TAC allocation allocation
----------------------------------------------------------------------------------------------------------------
Western......................................................... 3,003 n/a 601
Central \2\..................................................... 9,963 n/a 1,993
West Yakutat \3\................................................ 3,323 n/a 464
Southeast Outside............................................... 5,963 n/a 0
-----------------------------------------------
Total....................................................... 22,252 n/a 3,058
----------------------------------------------------------------------------------------------------------------
\1\ The Council recommended that the final 2021 harvest specifications for the fixed gear sablefish Individual
Fishing Quota fisheries not be specified in the final 2020 and 2021 harvest specifications.
\2\ The trawl allocation of sablefish in the Central Regulatory Area is further apportioned to the Rockfish
Program cooperatives (1,025 mt). See Table 13: Final 2021 Apportionments of Rockfish Secondary Species in the
Central GOA. This results in 968 mt being available for the non-Rockfish Program trawl fisheries.
\3\ The trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West Yakutat
and Southeast Outside Districts) sablefish TAC as incidental catch to trawl gear in the West Yakutat District.

Allocations, Apportionments, and Sideboard Limits for the Rockfish
Program

These final 2020 and 2021 harvest specifications for the GOA
include the fishery cooperative allocations and sideboard limitations
established by the Rockfish Program. Program participants are primarily
trawl CVs and trawl C/Ps, with limited participation by vessels using
longline gear. The Rockfish Program assigns quota share and cooperative
quota to participants for primary species (Pacific ocean perch,
northern rockfish, and dusky rockfish) and secondary species (Pacific
cod, rougheye and blackspotted rockfish, sablefish, shortraker
rockfish, and thornyhead rockfish), allows a participant holding a
license limitation program (LLP) license with rockfish quota share to
form a rockfish cooperative with other persons, and allows holders of
C/P LLP licenses to opt out of the fishery. The Rockfish Program also
has an entry level fishery for rockfish primary species for vessels
using longline gear. Longline gear includes hook-and-line, jig, troll,
and handline gear.
Under the Rockfish Program, rockfish primary species in the Central
GOA are allocated to participants after deducting for incidental catch
needs in other directed groundfish fisheries (Sec. 679.81(a)(2)).
Participants in the Rockfish Program also receive a portion of the
Central GOA TAC of specific secondary species. In addition to
groundfish species, the Rockfish Program allocates a portion of the
halibut PSC limit (191 mt) from the third season deep-water species
fishery allowance for the GOA trawl fisheries to Rockfish Program
participants (Sec. 679.81(d) and Table 28d to 50 CFR part 679). The
Rockfish Program also establishes sideboard limits to restrict the
ability of harvesters operating under the Rockfish Program to increase
their participation in other, non-Rockfish Program fisheries. These
restrictions and halibut PSC limits are discussed in a subsequent
section in this rule titled ``Rockfish Program Groundfish Sideboard and
Halibut PSC Limitations.''
Section 679.81(a)(2)(ii) and Table 28e to 50 CFR part 679 require
allocations of 5 mt of Pacific ocean perch, 5 mt of northern rockfish,
and 50 mt of dusky rockfish to the entry level longline fishery in 2020
and 2021. The allocation for the entry level longline fishery may
increase incrementally each year if the catch exceeds 90 percent of the
allocation of a species. The incremental increase in the allocation
would continue each year until it reaches the maximum percent of the
TAC for that species. In 2019, the catch of Pacific ocean perch,
northern rockfish, and dusky rockfish did not attain the 90 percent
threshold, and those final allocations for 2020 remain the same as the
2019 allocations. The remainder of the TACs for the rockfish primary
species are allocated to the CV and C/P cooperatives (Sec.
679.81(a)(2)(iii)). Table 9 lists the allocations of the 2020 and 2021
TACs for each rockfish primary species to the entry level longline
fishery, the potential incremental increases for future years, and the
maximum percentages of the TACs assigned to the Rockfish Program that
may be allocated to the rockfish entry level longline fishery.

[[Page 13816]]

Table 9--Final 2020 and Initial 2021 Allocations of Rockfish Primary Species to the Entry Level Longline Fishery
in the Central Gulf of Alaska
----------------------------------------------------------------------------------------------------------------
Incremental increase in
Rockfish primary species 2020 and 2021 allocations 2021 if < 90% of 2020 Up to maximum %
allocation is harvested of TAC
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch.................... 5 metric tons............ 5 metric tons............ 1
Northern rockfish...................... 5 metric tons............ 5 metric tons............ 2
Dusky rockfish......................... 50 metric tons........... 20 metric tons........... 5
----------------------------------------------------------------------------------------------------------------

Section 679.81 requires allocations of rockfish primary species
among various sectors of the Rockfish Program. Tables 10 and 11 list
the final 2020 and 2021 allocations of rockfish primary species in the
Central GOA to the entry level longline fishery, and rockfish CV and C/
P cooperatives in the Rockfish Program. NMFS also is setting aside
incidental catch amounts (ICAs) for other directed fisheries in the
Central GOA of 3,000 mt of Pacific ocean perch, 300 mt of northern
rockfish, and 250 mt of dusky rockfish. These amounts are based on
recent average incidental catches in the Central GOA by other
groundfish fisheries.
Allocations among vessels belonging to CV or C/P cooperatives are
not included in these final harvest specifications. Rockfish Program
applications for CV cooperatives and C/P cooperatives are not due to
NMFS until March 1 of each calendar year; therefore, NMFS cannot
calculate 2020 and 2021 allocations in conjunction with these final
harvest specifications. NMFS will post the 2020 allocations on the
Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports#central-goa-rockfish when they become available after March 1.

Table 10--Final 2020 Allocations of Rockfish Primary Species in the Central Gulf of Alaska to the Entry Level
Longline Fishery and Rockfish Cooperatives in the Rockfish Program
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Allocation to Allocation to
Central GOA Incidental the entry the rockfish
Rockfish primary species annual TAC catch TAC minus ICA level longline cooperatives
allowance \1\ fishery \2\
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch............. 23,678 3,000 20,678 5 20,673
Northern rockfish............... 3,178 300 2,878 5 2,873
Dusky rockfish.................. 2,746 250 2,496 50 2,446
-------------------------------------------------------------------------------
Total....................... 29,602 3,550 26,052 60 25,992
----------------------------------------------------------------------------------------------------------------
\1\ Longline gear includes hook-and-line, jig, troll, and handline gear (50 CFR 679.2).
\2\ Rockfish cooperatives include vessels in CV and C/P cooperatives (50 CFR 679.81).

Table 11--Final 2021 Allocations of Rockfish Primary Species in the Central Gulf of Alaska to the Entry Level
Longline Fishery and Rockfish Cooperatives in the Rockfish Program
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Allocation to Allocation to
Central GOA Incidental the entry the rockfish
Rockfish primary species annual TAC catch TAC minus ICA level longline cooperatives
allowance \1\ fishery \2\
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch............. 22,727 3,000 19,727 5 19,722
Northern rockfish............... 3,027 300 2,727 5 2,722
Dusky rockfish.................. 2,688 250 2,438 50 2,388
-------------------------------------------------------------------------------
Total....................... 28,442 3,550 24,892 60 24,832
----------------------------------------------------------------------------------------------------------------
\1\ Longline gear includes hook-and-line, jig, troll, and handline gear (50 CFR 679.2).
\2\ Rockfish cooperatives include vessels in CV and C/P cooperatives (50 CFR 679.81).

Section 679.81(c) and Table 28c to 50 CFR part 679 require
allocations of rockfish secondary species to CV and C/P cooperatives in
the Central GOA. CV cooperatives receive allocations of Pacific cod,
sablefish from the trawl gear allocation, and thornyhead rockfish. C/P
cooperatives receive allocations of sablefish from the trawl gear
allocation, rougheye and blackspotted rockfish, shortraker rockfish,
and thornyhead rockfish. Tables 12 and 13 list the apportionments of
the 2020 and 2021 TACs of rockfish secondary species in the Central GOA
to CV and C/P cooperatives.

[[Page 13817]]

Table 12--Final 2020 Apportionments of Rockfish Secondary Species in the Central GOA to Catcher Vessel and
Catcher/Processor Cooperatives
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Catcher vessel cooperatives Catcher/processor cooperatives
Central GOA ---------------------------------------------------------------
Rockfish secondary species annual TAC Percentage of Apportionment Percentage of Apportionment
TAC (mt) TAC (mt)
----------------------------------------------------------------------------------------------------------------
Pacific cod..................... 3,806 3.81 145 0.00 0
Sablefish....................... 6,445 6.78 437 3.51 226
Shortraker rockfish............. 284 0.00 0 40.00 114
Rougheye/blackspotted rockfish.. 455 0.00 0 58.87 268
Thornyhead rockfish............. 911 7.84 71 26.50 241
----------------------------------------------------------------------------------------------------------------

Table 13--Final 2021 Apportionments of Rockfish Secondary Species in the Central GOA to Catcher Vessel and
Catcher/Processor Cooperatives
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Catcher vessel cooperatives Catcher/processor cooperatives
Central GOA ---------------------------------------------------------------
Rockfish secondary species annual TAC Percentage of Apportionment Percentage of Apportionment
TAC (mt) TAC (mt)
----------------------------------------------------------------------------------------------------------------
Pacific cod..................... 3,806 3.81 145 0.00 0
Sablefish....................... 9,963 6.78 675 3.51 350
Shortraker rockfish............. 284 0.00 0 40.00 114
Rougheye/blackspotted rockfish.. 455 0.00 0 58.87 268
Thornyhead rockfish............. 911 7.84 71 26.50 241
----------------------------------------------------------------------------------------------------------------

Halibut PSC Limits

Section 679.21(d) establishes annual halibut PSC limit
apportionments to trawl gear and hook-and-line gear, and authorizes the
establishment of apportionments for pot gear. In December 2019, the
Council recommended halibut PSC limits of 1,706 mt for trawl gear, 257
mt for hook-and-line gear, and 9 mt for the demersal shelf (DSR)
rockfish fishery in the SEO District for both 2020 and 2021.
The DSR fishery in the SEO District is defined at Sec.
679.21(d)(2)(ii)(A). This fishery is apportioned 9 mt of the halibut
PSC limit in recognition of its small-scale harvests of groundfish
(Sec. 679.21(d)(2)(i)(A)). The separate halibut PSC limit for the DSR
fishery is intended to prevent that fishery from being impacted from
the halibut PSC incurred by other GOA fisheries. NMFS estimates low
halibut bycatch in the DSR fishery because (1) the duration of the DSR
fisheries and the gear soak times are short, (2) the DSR fishery occurs
in the winter when there is less overlap in the distribution of DSR and
halibut, and (3) the directed commercial DSR fishery has a low DSR TAC.
The Alaska Department of Fish and Game sets the commercial GHL for the
DSR fishery after deducting (1) estimates of DSR incidental catch in
all fisheries (including halibut and subsistence); and (2) the
allocation to the DSR sport fishery. Of the 261 mt TAC for DSR in 2019,
50 mt were available for directed fishing by the DSR commercial
fishery, of which 18 mt were harvested (through December 16, 2019).
The FMP authorizes the Council to exempt specific gear from the
halibut PSC limits. NMFS, after consultation with the Council, exempts
pot gear, the sablefish IFQ hook-and-line gear fishery categories, and
jig gear from the non-trawl halibut PSC limit for 2020 and 2021. The
Council recommended, and NMFS approves, these exemptions because: (1)
The pot gear fisheries have low annual halibut bycatch mortality, (2)
IFQ program regulations prohibit discard of halibut if any halibut IFQ
permit holder on board a catcher vessel holds unused halibut IFQ for
that vessel category and the IFQ regulatory area in which the vessel is
operating (Sec. 679.7(f)(11)), (3) some sablefish IFQ fishermen hold
halibut IFQ permits and are therefore required to retain the halibut
they catch while fishing sablefish IFQ, and (4) NMFS estimates
negligible halibut mortality for the jig gear fisheries given the small
amount of groundfish harvested by jig gear, the selective nature of jig
gear, and the high survival rates of halibut caught and released with
jig gear.
The best available information on estimated halibut bycatch
consists of data collected by fisheries observers during 2019. The
calculated halibut bycatch mortality through December 31, 2019, is
1,102 mt for trawl gear and 76 mt for hook-and-line gear for a total
halibut mortality of 1,178 mt. This halibut mortality was calculated
using groundfish and halibut catch data from the NMFS Alaska Region's
catch accounting system. This accounting system contains historical and
recent catch information compiled from each Alaska groundfish fishery.
Section 679.21(d)(4)(i) and (ii) authorizes NMFS to seasonally
apportion the halibut PSC limits after consultation with the Council.
The FMP and regulations require that the Council and NMFS consider the
following information in seasonally apportioning halibut PSC limits:
(1) Seasonal distribution of halibut; (2) seasonal distribution of
target groundfish species relative to halibut distribution; (3)
expected halibut bycatch needs on a seasonal basis relative to changes
in halibut biomass and expected catch of target groundfish species; (4)
expected bycatch rates on a seasonal basis; (5) expected changes in
directed groundfish fishing seasons; (6) expected actual start of
fishing effort; and (7) economic effects of establishing seasonal
halibut allocations on segments of the target groundfish industry. The
Council considered information from the 2019 SAFE report, NMFS catch
data, State of Alaska catch data, International Pacific Halibut
Commission (IPHC) stock

[[Page 13818]]

assessment and mortality data, and public testimony when apportioning
the halibut PSC limits. NMFS concurs with the Council's recommendations
listed in Table 14, which shows the final 2020 and 2021 Pacific halibut
PSC limits, allowances, and apportionments.
Section 679.21(d)(4)(iii) and (iv) specifies that any underages or
overages of a seasonal apportionment of a halibut PSC limit will be
added to or deducted from the next respective seasonal apportionment
within the fishing year.

Table 14--Final 2020 and 2021 Pacific Halibut Prohibited Species Catch (PSC) Limits, Allowances, and Apportionments
[Values are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl gear Hook-and-line gear \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other than DSR DSR
Season Percent Amount -----------------------------------------------------------------------------------------
Season Percent Amount Season Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
January 20-April 1...................... 30.5 519 January 1-June 10.......... 86 221 January 1-December 31..... 9
April 1-July 1.......................... 20.0 341 June 10-September 1........ 2 5 .......................... .........
July 1-August 1......................... 27.0 462 September 1-December 31.... 12 31 .......................... .........
August 1-October 1...................... 7.5 128 ........................... ......... ......... .......................... .........
October 1-December 31................... 15.0 256 ........................... ......... ......... .......................... .........
---------------------------------------------------------------------------------------------------------------
Total............................... ......... 1,706 ........................... ......... 257 .......................... 9
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific halibut prohibited species catch (PSC) limit for hook-and-line gear is allocated to the DSR fishery in the SEO District and to the hook-
and-line fisheries other than the DSR fishery. The hook-and-line sablefish IFQ fishery is exempt from halibut PSC limits, as are pot and jig gear for
all groundfish fisheries. Note: Seasonal or sector apportionments may not total precisely due to rounding.

Section 679.21(d)(3)(ii) authorizes further apportionment of the
trawl halibut PSC limit to trawl fishery categories listed in Sec.
679.21(d)(3)(iii). The annual apportionments are based on each
category's proportional share of the anticipated halibut bycatch
mortality during the fishing year and optimization of the total amount
of groundfish harvest under the halibut PSC limit. The fishery
categories for the trawl halibut PSC limits are: (1) A deep-water
species fishery, composed of sablefish, rockfish, deep-water flatfish,
rex sole, and arrowtooth flounder; and (2) a shallow-water species
fishery, composed of pollock, Pacific cod, shallow-water flatfish,
flathead sole, Atka mackerel, and ``other species'' (sculpins, sharks,
and octopuses) (Sec. 679.21(d)(3)(iii)). Halibut mortality incurred
while directed fishing for skates with trawl gear accrues towards the
shallow-water species fishery halibut PSC limit (69 FR 26320, May 12,
2004).
NMFS will combine available trawl halibut PSC limit apportionments
on May 15 during the second season deep-water and shallow-water species
fisheries for use in either fishery from May 15 through June 30 (Sec.
679.21(d)(4)(iii)(D)). This is intended to maintain groundfish harvest
while minimizing halibut bycatch by these sectors to the extent
practicable. This provides the deep-water and shallow-water species
trawl fisheries additional flexibility and the incentive to participate
in fisheries at times of the year that may have lower halibut PSC rates
relative to other times of the year.
Table 15 lists the final 2020 and 2021 apportionments of trawl
halibut PSC limits between the trawl gear deep-water and shallow-water
species fishery categories.
Table 28d to 50 CFR part 679 specifies the amount of the trawl
halibut PSC limit that is assigned to the CV and C/P sectors that are
participating in the Rockfish Program. This includes 117 mt of halibut
PSC limit to the CV sector and 74 mt of halibut PSC limit to the C/P
sector. These amounts are allocated from the trawl deep-water species
fishery's halibut PSC third seasonal apportionment. After the combined
CV and C/P halibut PSC limit allocation of 191 mt to the Rockfish
Program, 150 mt remains for the trawl deep-water species fishery's
halibut PSC third seasonal apportionment.
Section 679.21(d)(4)(iii)(B) limits the amount of the halibut PSC
limit allocated to Rockfish Program participants that could be re-
apportioned to the general GOA trawl fisheries during the current
fishing year to no more than 55 percent of the unused annual halibut
PSC limit apportioned to Rockfish Program participants. The remainder
of the unused Rockfish Program halibut PSC limit is unavailable for use
by any person for the remainder of the fishing year (Sec.
679.21(d)(4)(iii)(C)).

Table 15--Final 2020 and 2021 Apportionment of Pacific Halibut Prohibited Species Catch Limits Between the Trawl
Gear Deep-Water Species Fishery and the Shallow-Water Species Fishery Categories
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Season Shallow-water Deep-water \1\ Total
----------------------------------------------------------------------------------------------------------------
January 20-April 1.............................................. 384 135 519
April 1-July 1.................................................. 85 256 341
July 1-August 1................................................. 121 341 462
August 1-October 1.............................................. 53 75 128
Subtotal January 20-October 1................................... 643 807 1,450
October 1-December 31 \2\....................................... .............. .............. 256
-----------------------------------------------

[[Page 13819]]

Total....................................................... .............. .............. 1,706
----------------------------------------------------------------------------------------------------------------
\1\ Vessels participating in cooperatives in the Central GOA Rockfish Program will receive 191 mt of the third
season (July 1 through August 1) deep-water species fishery halibut PSC apportionment.
\2\ There is no apportionment between trawl shallow-water and deep-water species fishery categories during the
fifth season (October 1 through December 31).

Section 679.21(d)(2)(i)(B) requires that the ``other hook-and-line
fishery'' halibut PSC limit apportionment to vessels using hook-and-
line gear must be apportioned between CVs and C/Ps in accordance with
Sec. 679.21(d)(2)(iii) in conjunction with these harvest
specifications. A comprehensive description and example of the
calculations necessary to apportion the ``other hook-and-line fishery''
halibut PSC limit between the hook-and-line CV and C/P sectors were
included in the proposed rule to implement Amendment 83 to the FMP (76
FR 44700, July 26, 2011) and are not repeated here.
Pursuant to Sec. 679.21(d)(2)(iii), the hook-and-line halibut PSC
limit for the ``other hook-and-line fishery'' is apportioned between
the CV and C/P sectors in proportion to the total Western and Central
GOA Pacific cod allocations, which vary annually based on the
proportion of the Pacific cod biomass between the Western, Central, and
Eastern GOA. Pacific cod is apportioned among these three management
areas based on the percentage of overall biomass per area, as
calculated in the 2019 Pacific cod stock assessment. Updated
information in the final 2019 SAFE report describes this distributional
calculation, which allocates ABC among GOA regulatory areas on the
basis of the three most recent stock surveys. For 2020 and 2021, the
distribution of the total GOA Pacific cod ABC is 32 percent to the
Western GOA, 59 percent to the Central GOA, and 9 percent to the
Eastern GOA. Therefore, the calculations made in accordance with Sec.
679.21(d)(2)(iii) incorporate the most recent information on GOA
Pacific cod distribution with respect to establishing the annual
halibut PSC limits for the CV and C/P hook-and-line sectors.
Additionally, the annual halibut PSC limits for both the CV and C/P
sectors of the ``other hook-and-line fishery'' are divided into three
seasonal apportionments, using seasonal percentages of 86 percent, 2
percent, and 12 percent.
For 2020 and 2021, NMFS apportions halibut PSC limits of 144 mt and
113 mt to the hook-and-line CV and hook-and-line C/P sectors,
respectively. Table 16 lists the final 2020 and 2021 apportionments of
halibut PSC limits between the hook-and-line CV and the hook-and-line
C/P sectors of the ``other hook-and-line fishery.''
No later than November 1 of each year, NMFS will calculate the
projected unused amount of halibut PSC limit by either of the CV or C/P
hook-and-line sectors of the ``other hook-and-line fishery'' for the
remainder of the year. The projected unused amount of halibut PSC limit
is made available to the other hook-and-line sector for the remainder
of that fishing year (Sec. 679.21(d)(2)(iii)(C)), if NMFS determines
that an additional amount of halibut PSC is necessary for that sector
to continue its directed fishing operations.

Table 16--Final 2020 and 2021 Apportionments of the ``Other Hook-and-line Fishery'' Annual Halibut Prohibited
Species Catch Allowance between the Hook-and-Line Gear Catcher Vessel and Catcher/Processor Sectors
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Hook-and-line Sector annual Seasonal Sector seasonal
``Other than DSR'' allowance sector amount Season percentage amount
----------------------------------------------------------------------------------------------------------------
257......................... Catcher Vessel. 144 January 1-June 86 124
10.
June 10- 2 3
September 1.
September 1- 12 17
December 31.
Catcher/ 113 January 1-June 86 97
Processor. 10.
June 10- 2 2
September 1.
September 1- 12 14
December 31.
----------------------------------------------------------------------------------------------------------------

Estimates of Halibut Biomass and Stock Condition

The 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 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

[[Page 13820]]

halibut mortality that accrues to a particular halibut PSC limit is the
product of a DMR multiplied by the estimated halibut PSC. DMRs are
estimated using the best scientific information available in
conjunction with the annual GOA stock assessment process. The DMR
methodology and findings are included as an appendix to the annual GOA
groundfish SAFE report.
In 2016, the DMR estimation methodology underwent revisions per the
Council's directive. An interagency halibut working group (IPHC,
Council, and NMFS staff) developed improved estimation methods that
have undergone review by the GOA Plan Team, SSC, and the Council. A
summary of the revised methodology is contained in the GOA proposed
2017 and 2018 harvest specifications (81 FR 87881, December 6, 2016),
and the comprehensive discussion of the working group's statistical
methodology is available from the Council (see ADDRESSES). The DMR
working group's revised methodology is intended to improve estimation
accuracy, transparency, and transferability in the methodology used for
calculating DMRs. The working group will continue to consider
improvements to the methodology used to calculate halibut mortality,
including potential changes to the reference period (the period of data
used for calculating the DMRs). Future DMRs may change based on
additional years of observer sampling, which could provide more recent
and accurate data and which could improve the accuracy of estimation
and progress on methodology. The 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 the Council
concurred with the revised DMR estimation methodology, and NMFS adopts
for 2020 and 2021 the DMRs calculated under the revised methodology,
which uses an updated 2-year reference period. The final 2020 and 2021
DMRs in this rule are unchanged from the DMRs in the proposed 2020 and
2021 harvest specifications (84 FR 66109, December 3, 2019). Table 17
lists these final 2020 and 2021 DMRs.

Table 17--Final 2020 and 2021 Halibut Discard Mortality Rates for Vessels Fishing in the Gulf of Alaska
[Values are percent of halibut assumed to be dead]
----------------------------------------------------------------------------------------------------------------
Halibut
discard
Gear Sector Groundfish fishery mortality rate
(percent)
----------------------------------------------------------------------------------------------------------------
Pelagic trawl........................... Catcher vessel............ All....................... 100
Catcher/processor......... All....................... 100
Non-pelagic trawl....................... Catcher vessel............ Rockfish Program.......... 52
Catcher vessel............ All others................ 68
Mothership and catcher/ All....................... 75
processor.
Hook-and-line........................... Catcher/processor......... All....................... 11
Catcher vessel............ All....................... 13
Pot..................................... Catcher vessel and catcher/ All....................... 0
processor.
----------------------------------------------------------------------------------------------------------------

Chinook Salmon Prohibited Species Catch Limits

Amendment 93 to the FMP (77 FR 42629, July 20, 2012) established
separate Chinook salmon PSC limits in the Western and Central GOA in
the directed pollock trawl fishery. These limits require that NMFS
close the pollock directed fishery in the Western and Central
Regulatory Areas of the GOA if the applicable Chinook salmon PSC limit
in that regulatory area is reached (Sec. 679.21(h)(8)). The annual
Chinook salmon PSC limits in the pollock directed fishery of 6,684
salmon in the Western GOA and 18,316 salmon in the Central GOA are set
at Sec. 679.21(h)(2)(i) and (ii).
Amendment 97 to the FMP (79 FR 71350, December 2, 2014) established
an initial annual PSC limit of 7,500 Chinook salmon for the trawl non-
pollock groundfish fisheries in the Western and Central GOA. This limit
is apportioned among three sectors directed fishing for groundfish
species other than pollock: 3,600 Chinook salmon to trawl C/Ps; 1,200
Chinook salmon to trawl CVs participating in the Rockfish Program; and
2,700 Chinook salmon to trawl CVs not participating in the Rockfish
Program (Sec. 679.21(h)(4)). NMFS will monitor the Chinook salmon PSC
in the trawl non-pollock groundfish fisheries and close an applicable
sector if it reaches its Chinook salmon PSC limit.
The Chinook salmon PSC limit for two sectors, trawl C/Ps and trawl
CVs not participating in the Rockfish Program, may be increased in
subsequent years based on the performance of these two sectors and
their ability to minimize their use of their respective Chinook salmon
PSC limits. If either or both of these two sectors limits its use of
Chinook salmon PSC to a specified threshold amount in 2019 (3,120 for
trawl C/Ps and 2,340 for Non-Rockfish Program trawl CVs), that sector
will receive an incremental increase to its 2020 Chinook salmon PSC
limit (Sec. 679.21(h)(4)). In 2019, the trawl C/P sector did not
exceed 3,120 Chinook salmon PSC; therefore, the 2020 trawl C/P sector
Chinook salmon PSC limit will be 4,080 Chinook salmon. In 2019, the
Non-Rockfish Program trawl CV sector did exceed 2,340 Chinook salmon
PSC; therefore, the 2020 Non-Rockfish Program trawl CV sector Chinook
salmon PSC limit will be 2,700 Chinook salmon.

American Fisheries Act (AFA) Catcher/Processor and Catcher Vessel
Groundfish Harvest and PSC Limits

Section 679.64 establishes groundfish harvesting and processing
sideboard limitations on AFA C/Ps and CVs in the GOA. These sideboard
limits are necessary to protect the interests of fishermen and
processors who do not directly benefit from the AFA from those
fishermen and processors who receive exclusive harvesting and
processing privileges under the AFA. Section 679.7(k)(1)(ii) prohibits
listed AFA C/Ps and C/Ps designated on a listed AFA C/P permit from
harvesting any species of groundfish in the GOA. Additionally, Sec.
679.7(k)(1)(iv) prohibits listed AFA C/Ps and C/Ps designated on a
listed AFA C/P permit from processing any pollock harvested in a
directed pollock fishery in the GOA and any groundfish harvested in
Statistical Area 630 of the GOA.

[[Page 13821]]

AFA CVs that are less than 125 feet (38.1 meters) length overall,
have annual landings of pollock in the Bering Sea and Aleutian Islands
less than 5,100 mt, and have made at least 40 GOA groundfish landings
from 1995 through 1997 are exempt from GOA CV groundfish sideboard
limits under Sec. 679.64(b)(2)(ii). Sideboard limits for non-exempt
AFA CVs in the GOA are based on their traditional harvest levels of TAC
in groundfish fisheries covered by the FMP. Section 679.64(b)(3)(iv)
establishes the CV groundfish sideboard limitations in the GOA based on
the aggregate retained catch of non-exempt AFA CVs of each sideboard
species or species group from 1995 through 1997 divided by the sum of
the TACs for that species or species group available to CVs over the
same period.
As discussed earlier in this preamble, NMFS published a final rule
(84 FR 2723, February 8, 2019) that establishes regulations to prohibit
directed fishing for specific groundfish species or species groups
subject to sideboard limits, rather than prohibiting directed fishing
for non-exempt AFA CV sideboards through the GOA annual harvest
specifications. Those groundfish species or species groups with
sideboard limits subject to the final rule are now prohibited to
directed fishing in regulation (Sec. 679.20(d)(1)(iv)(D) and Table 56
to 50 CFR part 679). Beginning with the 2020 and 2021 harvest
specifications, NMFS is incorporating these changes into the
specification and management of non-exempt AFA CV sideboard limits and
will continue to publish only those sideboard limit amounts for
groundfish species or species groups not subject to the final rule.
This decreases the overall number of sideboard limits specified in the
GOA harvest specifications, compared to previous years.
Tables 18 and 19 list the final 2020 and 2021 groundfish sideboard
limits for non-exempt AFA CVs. NMFS will deduct all targeted or
incidental catch of sideboard species made by non-exempt AFA CVs from
the sideboard limits listed in Tables 18 and 19.

Table 18--Final 2020 GOA Non-Exempt American Fisheries Act Catcher Vessel (CV) Groundfish Sideboard Limits
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of 1995-
Apportionments by season/ 1997 non-exempt Final 2020 TACs Final 2020 non-
Species gear Area/component AFA CV catch to \3\ exempt AFA CV
1995-1997 TAC sideboard limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock................................ A Season.................. Shumagin (610)............ 0.6047 517 313
January 20-March 10....... Chirikof (620)............ 0.1167 18,757 2,189
Kodiak (630).............. 0.2028 5,783 1,173
B Season.................. Shumagin (610)............ 0.6047 517 313
March 10-May 31........... Chirikof (620)............ 0.1167 22,222 2,593
Kodiak (630).............. 0.2028 2,318 470
C Season.................. Shumagin (610)............ 0.6047 9,070 5,485
August 25-October 1 Chirikof (620)............ 0.1167 6,739 786
Kodiak (630).............. 0.2028 9,248 1,875
D Season.................. Shumagin (610)............ 0.6047 9,070 5,485
October 1-November 1 Chirikof (620)............ 0.1167 6,739 786
Kodiak (630).............. 0.2028 9,248 1,875
Annual.................... WYK (640)................. 0.3495 5,554 1,941
SEO (650)................. 0.3495 10,148 3,547
Pacific cod............................ A Season \1\.............. W......................... 0.1331 1,246 166
January 1-June 10......... C......................... 0.0692 2,284 158
B Season \2\.............. W......................... 0.1331 830 111
September 1-December 31... C......................... 0.0692 1,522 105
Flatfish, shallow-water................ Annual.................... W......................... 0.0156 13,250 207
C......................... 0.0587 27,732 1,628
Flatfish, deep-water................... Annual.................... W......................... 0.0647 226 .................
C......................... 0.0128 1,948 126
Rex sole............................... Annual.................... C......................... 0.0384 8,579 329
Arrowtooth flounder.................... Annual.................... C......................... 0.0280 68,669 1,923
Flathead sole.......................... Annual.................... C......................... 0.0213 15,400 328
Pacific ocean perch.................... Annual.................... C......................... 0.0748 23,678 1,771
E......................... 0.0466 6,123 285
Northern rockfish...................... Annual.................... C......................... 0.0277 3,178 88
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
\3\ The Western and Central GOA and WYK District area apportionments of pollock are considered ACLs.

Table 19--Final 2021 GOA Non-Exempt American Fisheries Act Catcher Vessel (CV) Groundfish Sideboard Limits
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of 1995-
1997 non-exempt Final 2021 non-
Species Apportionments by season/ Area/component AFA CV catch to Final 2021 TACs exempt AFA CV
gear 1995-1997 TAC \3\ sideboard limit

--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock................................ A Season--January 20-March Shumagin (610)............ 0.6047 533 322
10.
Chirikof (620)............ 0.1167 19,344 2,257
Kodiak (630).............. 0.2028 5,964 1,209
B Season--March 10-May 31. Shumagin (610)............ 0.6047 533 322

[[Page 13822]]

Chirikof (620)............ 0.1167 22,917 2,674
Kodiak (630).............. 0.2028 2,391 485
C Season--August 25- Shumagin (610)............ 0.6047 9,354 5,656
October 1.
Chirikof (620)............ 0.1167 6,950 811
Kodiak (630).............. 0.2028 9,537 1,934
D Season--October 1- Shumagin (610)............ 0.6047 9,354 5,656
November 1.
Chirikof (620)............ 0.1167 6,950 811
Kodiak (630).............. 0.2028 9,537 1,934
Annual.................... WYK (640)................. 0.3495 5,728 2,002
SEO (650)................. 0.3495 10,148 3,547
Pacific cod............................ A Season \1\--January 1- W......................... 0.1331 1,246 166
June 10.
C......................... 0.0692 2,284 158
B Season \2\--September 1- W......................... 0.1331 830 111
December 31.
C......................... 0.0692 1,522 105
Flatfish, shallow-water................ Annual.................... W......................... 0.0156 13,250 207
C......................... 0.0587 28,205 1,656
Flatfish, deep-water................... Annual.................... C......................... 0.0647 1,914 124
E......................... 0.0128 3,787 48
Rex sole............................... Annual.................... C......................... 0.0384 8,912 342
Arrowtooth flounder.................... Annual.................... C......................... 0.0280 66,683 1,867
Flathead sole.......................... Annual.................... C......................... 0.0213 15,400 328
Pacific ocean perch.................... Annual.................... C......................... 0.0748 22,727 1,700
Annual.................... E......................... 0.0466 5,877 274
Northern rockfish...................... Annual.................... C......................... 0.0277 3,027 84
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.
\3\ The Western and Central GOA and WYK District area apportionments of pollock are considered ACLs.

Non-Exempt AFA Catcher Vessel Halibut PSC Limits

The halibut PSC sideboard limits for non-exempt AFA CVs in the GOA
are based on the aggregate retained groundfish catch by non-exempt AFA
CVs in each PSC target category from 1995 through 1997 divided by the
retained catch of all vessels in that fishery from 1995 through 1997
(Sec. 679.64(b)(4)(ii)). Table 20 lists the final 2020 and 2021 non-
exempt AFA CV halibut PSC limits for vessels using trawl gear in the
GOA.

Table 20--Final 2020 and 2021 Non-Exempt AFA CV Halibut Prohibited Species Catch (PSC) Sideboard Limits for
Vessels Using Trawl Gear in the GOA
[Values are rounded to nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Ratio of 1995-
1997 non-exempt
AFA CV 2020 and 2021 2020 and 2021
Season Season dates Target fishery retained catch PSC limit non-exempt AFA
to total CV PSC limit
retained catch
----------------------------------------------------------------------------------------------------------------
1................. January 20-April 1. shallow-water...... 0.340 384 131
deep-water......... 0.070 135 9
2................. April 1-July 1..... shallow-water...... 0.340 85 29
deep-water......... 0.070 256 18
3................. July 1-August 1.... shallow-water...... 0.340 121 41
deep-water......... 0.070 341 24
4................. August 1-October 1. shallow-water...... 0.340 53 18
deep-water......... 0.070 75 5
5................. October 1-December all targets........ 0.205 256 52
31.
----------------------------------------------------------------------------------------------------------------
Annual............................. Total shallow-water ................ ............... 219
---------------------------------------------------------------------------------------------
Total deep-water... ................ ............... 56
---------------------------------------------------------------------------------------------
Total, all season and categories 1,706 328
----------------------------------------------------------------------------------------------------------------

Non-AFA Crab Vessel Groundfish Harvest Limitations

Section 680.22 establishes groundfish catch limits for vessels with
a history of participation in the Bering Sea snow crab fishery to
prevent these vessels from using the increased flexibility provided by
the Crab Rationalization (CR) Program to expand their level of
participation in the GOA groundfish fisheries. Sideboard limits
restrict these vessels' catch to their collective

[[Page 13823]]

historical landings in each GOA groundfish fishery (except the fixed-
gear sablefish fishery). Sideboard limits also apply to catch made
using an LLP license derived from the history of a restricted vessel,
even if that LLP license is used on another vessel.
The basis for these sideboard limits is described in detail in the
final rules implementing the major provisions of the CR Program,
including Amendments 18 and 19 to the Fishery Management Plan for
Bering Sea/Aleutian Islands King and Tanner Crabs (Crab FMP) (70 FR
10174, March 2, 2005), Amendment 34 to the Crab FMP (76 FR 35772, June
20, 2011), Amendment 83 to the GOA FMP (76 FR 74670, December 1, 2011),
and Amendment 45 to the Crab FMP (80 FR 28539, May 19, 2015).
As discussed earlier in this preamble, NMFS published a final rule
(84 FR 2723, February 8, 2019) that establishes regulations to prohibit
directed fishing for specific groundfish species or species groups
subject to sideboard limits, rather than prohibiting directed fishing
for non-AFA crab vessel sideboards through the GOA annual harvest
specifications. Those groundfish species or species groups with
sideboard limits subject to the final rule are now prohibited to
directed fishing in regulation (Sec. 680.22(e)(1)(i) and (iii)).
Beginning with the 2020 and 2021 harvest specifications, NMFS is
incorporating such changes into the specification and the management of
non-AFA crab vessel sideboard limits and will continue to publish only
those non-AFA crab vessel sideboard limit amounts for groundfish
species not subject to the final rule. This decreases the overall
number of sideboard limits specified in the GOA harvest specifications,
compared to previous years.
Tables 21 and 22 list the final 2020 and 2021 groundfish sideboard
limitations for non-AFA crab vessels. All targeted or incidental catch
of sideboard species made by non-AFA crab vessels or associated LLP
licenses will be deducted from these sideboard limits.

Table 21--Final 2020 GOA Non-American Fisheries Act Crab Vessel Groundfish Sideboard Limits
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of 1996-
2000 non-AFA Final 2020 non-
crab vessel AFA crab
Species Season/gear Area/component/gear catch to 1996- Final 2020 TACs vessel
2000 total sideboard limit
harvest
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod.............................. A Season.................... Western Pot CV............. 0.0997 1,246 124
January 1-June 10........... Central Pot CV............. 0.0474 2,284 108
B Season.................... Western Pot CV............. 0.0997 830 83
September 1-December 31..... Central Pot CV............. 0.0474 1,522 72
--------------------------------------------------------------------------------------------------------------------------------------------------------

Table 22--Final 2021 GOA Non-American Fisheries Act Crab Vessel Groundfish Sideboard Limits
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of 1996-
2000 non-AFA Final 2021 non-
crab vessel AFA crab
Species Season/gear Area/component/gear catch to 1996- Final 2021 TACs vessel
2000 total sideboard limit
harvest
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific cod.............................. A Season.................... Western Pot CV............. 0.0997 1,246 124
January 1-June 10........... Central Pot CV............. 0.0474 2,284 108
B Season.................... Western Pot CV............. 0.0997 830 83
September 1-December 31..... Central Pot CV............. 0.0474 1,522 72
--------------------------------------------------------------------------------------------------------------------------------------------------------

Rockfish Program Groundfish Sideboard and Halibut PSC Limitations

The Rockfish Program establishes three classes of sideboard
provisions: CV groundfish sideboard restrictions, C/P rockfish
sideboard restrictions, and C/P opt-out vessel sideboard restrictions
(Sec. 679.82(c)(1)). These sideboards are intended to limit the
ability of rockfish harvesters to expand into other GOA groundfish
fisheries.
CVs participating in the Rockfish Program may not participate in
directed fishing for dusky rockfish, Pacific ocean perch, and northern
rockfish in the West Yakutat District and Western GOA from July 1
through July 31. Also, CVs may not participate in directed fishing for
arrowtooth flounder, deep-water flatfish, and rex sole in the GOA from
July 1 through July 31 (Sec. 679.82(d)).
C/Ps participating in Rockfish Program cooperatives are restricted
by rockfish and halibut PSC sideboard limits. These C/Ps are prohibited
from directed fishing for dusky rockfish, Pacific ocean perch, and
northern rockfish in the West Yakutat District and Western GOA from
July 1 through July 31 (Sec. 679.82(e)(2)). Holders of C/P-designated
LLP licenses that opt out of participating in a Rockfish Program
cooperative will be able to access that portion of each rockfish
sideboard limit that is not assigned to rockfish cooperatives (Sec.
679.82 (e)(7)). The sideboard ratio for each fishery in the West
Yakutat District and the Western GOA is set forth in Sec.
679.82(e)(4). Tables 23 and 24 list the final 2020 and 2021 Rockfish
Program C/P sideboard limits in the West Yakutat District and the
Western GOA. Due to confidentiality requirements associated with
fisheries data, the sideboard limits for the West Yakutat District are
not displayed.

[[Page 13824]]

Table 23--Final 2020 Rockfish Program Sideboard Limits for the Western GOA and West Yakutat District by Fishery
for the Catcher/Processor Sector
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
C/P sector (% of Final 2020
Area Fishery TAC) TACs Final 2020 C/P limit
----------------------------------------------------------------------------------------------------------------
Western GOA.................... Dusky rockfish... 72.3............. 776 561.
Pacific ocean 50.6............. 1,437 727.
perch.
Northern rockfish 74.3............. 1,133 884.
West Yakutat District.......... Dusky rockfish... Confidential \1\. 115 Confidential.\1\
Pacific ocean Confidential \1\. 1,470 Confidential.\1\
perch.
----------------------------------------------------------------------------------------------------------------
\1\ Not released due to confidentiality requirements associated with fish ticket data, as established by NMFS
and the State of Alaska.

Table 24--Final 2021 Rockfish Program Sideboard Limits for the Western GOA and West Yakutat District by Fishery
for the Catcher/Processor Sector
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
C/P sector (% of Final 2021
Area Fishery TAC) TACs Final 2021 C/P limit
----------------------------------------------------------------------------------------------------------------
Western GOA.................... Dusky rockfish... 72.3............. 759 549.
Pacific ocean 50.6............. 1,379 698.
perch.
Northern rockfish 74.3............. 1,079 802.
West Yakutat District.......... Dusky rockfish... Confidential \1\. 113 Confidential.\1\
Pacific ocean Confidential \1\. 1,410 Confidential.\1\
perch.
----------------------------------------------------------------------------------------------------------------
\1\ Not released due to confidentiality requirements associated with fish ticket data, as established by NMFS
and the State of Alaska.

Under the Rockfish Program, the C/P sector is subject to halibut
PSC sideboard limits for the trawl deep-water and shallow-water species
fisheries from July 1 through July 31 (Sec. 679.82(e)(3) and (5)).
Halibut PSC sideboard ratios by fishery are set forth in Sec.
679.82(e)(5). No halibut PSC sideboard limits apply to the CV sector,
as CVs participating in cooperatives receive a portion of the annual
halibut PSC limit. C/Ps that opt out of the Rockfish Program are able
to access that portion of the deep-water and shallow-water halibut PSC
sideboard limit not assigned to C/P rockfish cooperatives. The
sideboard provisions for C/Ps that elect to opt out of participating in
a rockfish cooperative are described in Sec. 679.82(c), (e), and (f).
Sideboard limits are linked to the catch history of specific vessels
that may choose to opt out. After March 1, NMFS will determine which C/
Ps have opted-out of the Rockfish Program in 2020, and NMFS will know
the ratios and amounts used to calculate opt-out sideboard ratios. NMFS
will then calculate any applicable opt-out sideboards for 2020 and post
these limits on the Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports#central-goa-rockfish. Table 25 lists the final 2020
and 2021 Rockfish Program halibut PSC sideboard limits for the C/P
sector.

Table 25--Final 2020 and 2021 Rockfish Program Halibut PSC Sideboard Limits for the Catcher/Processor Sector
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Shallow-water Deep-water Annual shallow- Annual deep-water
species fishery species fishery 2020 and 2021 water species species fishery
Sector halibut PSC halibut PSC halibut mortality fishery halibut halibut PSC
sideboard ratio sideboard ratio limit (mt) PSC sideboard sideboard limit
(percent) (percent) limit (mt) (mt)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catcher/processor................................... 0.10 2.50 1,706 2 43
--------------------------------------------------------------------------------------------------------------------------------------------------------

Amendment 80 Program Groundfish and PSC Sideboard Limits

Amendment 80 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (Amendment 80 Program)
established a limited access privilege program for the non-AFA trawl C/
P sector. The Amendment 80 Program established groundfish and halibut
PSC catch limits for Amendment 80 Program participants to limit the
ability of participants eligible for the Amendment 80 Program to expand
their harvest efforts in the GOA.
Section 679.92 establishes groundfish harvesting sideboard limits
on all Amendment 80 program vessels, other than the F/V Golden Fleece,
to amounts no greater than the limits listed in Table 37 to 50 CFR part
679. Under Sec. 679.92(d), the F/V Golden Fleece is prohibited from
directed fishing for pollock, Pacific cod, Pacific ocean perch, dusky
rockfish, and northern rockfish in the GOA.
Groundfish sideboard limits for Amendment 80 Program vessels
operating in the GOA are based on their average aggregate harvests from
1998 through 2004 (72 FR 52668, September 14, 2007). Tables 26 and 27
list the final 2020 and 2021 groundfish sideboard limits for Amendment
80 Program vessels. NMFS will deduct all targeted or incidental catch
of sideboard species

[[Page 13825]]

made by Amendment 80 Program vessels from the sideboard limits in
Tables 26 and 27.

Table 26--Final 2020 GOA Groundfish Sideboard Limits for Amendment 80 Program Vessels
[Values are rounded to nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Ratio of
Amendment 80 2020
Apportionments sector Amendment 80
Species and allocations Area vessels 1998- 2020 TAC (mt) vessel
by season 2004 catch to sideboards
TAC (mt)
----------------------------------------------------------------------------------------------------------------
Pollock...................... A Season........ Shumagin (610). 0.003 517 2
January 20-March Chirikof (620). 0.002 18,757 38
10.
Kodiak (630)... 0.002 5,783 12
B Season........ Shumagin (610). 0.003 517 2
March 10-May 31. Chirikof (620). 0.002 22,222 44
Kodiak (630)... 0.002 2,318 5
C Season........ Shumagin (610). 0.003 9,070 27
August 25- Chirikof (620). 0.002 6,739 13
October 1.
Kodiak (630)... 0.002 9,248 18
D Season........ Shumagin (610). 0.003 9,070 27
October 1- Chirikof (620). 0.002 6,739 13
November 1.
Kodiak (630)... 0.002 9,248 18
Annual.......... WYK (640)...... 0.002 5,554 11
Pacific cod.................. A Season \1\.... W.............. 0.020 1,246 25
January 1-June C.............. 0.044 2,284 100
10.
B Season \2\.... W.............. 0.020 830 17
September 1- C.............. 0.044 1,522 67
December 31.
Annual.......... WYK............ 0.034 549 19
Pacific ocean perch.......... Annual.......... W.............. 0.994 1,437 1,428
WYK............ 0.961 1,470 1,413
Northern rockfish............ Annual.......... W.............. 1.000 1,133 1,133
Dusky rockfish............... Annual.......... W.............. 0.764 776 593
WYK............ 0.896 115 103
----------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.

Table 27--Final 2021 GOA Groundfish Sideboard Limits for Amendment 80 Program Vessels
[Values are rounded to nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Ratio of
Amendment 80 2021
Apportionments sector Amendment 80
Species and allocations Area vessels 1998- 2021 TAC (mt) vessel
by season 2004 catch to sideboards
TAC (mt)
----------------------------------------------------------------------------------------------------------------
Pollock...................... A Season........ Shumagin (610). 0.003 533 2
January 20-March Chirikof (620). 0.002 19,344 39
10.
Kodiak (630)... 0.002 5,964 12
B Season........ Shumagin (610). 0.003 533 2
March 10-May 31. Chirikof (620). 0.002 22,917 46
Kodiak (630)... 0.002 2,391 5
C Season........ Shumagin (610). 0.003 9,354 28
August 25- Chirikof (620). 0.002 6,950 14
October 1.
Kodiak (630)... 0.002 9,537 19
D Season........ Shumagin (610). 0.003 9,354 28
October 1- Chirikof (620). 0.002 6,950 14
November 1.
Kodiak (630)... 0.002 9,537 19
Annual.......... WYK (640)...... 0.002 5,728 11
Pacific cod.................. A Season \1\.... W.............. 0.020 1,246 25
January 1-June C.............. 0.044 2,284 100
10.
B Season \2\.... W.............. 0.020 830 17
September 1- C.............. 0.044 1,522 67
December 31.
Annual.......... WYK............ 0.034 549 19
Pacific ocean perch.......... Annual.......... W.............. 0.994 1,379 1,371
WYK............ 0.961 1,410 1,355
Northern rockfish............ Annual.......... W.............. 1.000 1,079 1,079
Dusky rockfish............... Annual.......... W.............. 0.764 759 580
WYK............ 0.896 113 101
----------------------------------------------------------------------------------------------------------------
\1\ The Pacific cod A season for trawl gear does not open until January 20.
\2\ The Pacific cod B season for trawl gear closes November 1.

[[Page 13826]]

The halibut PSC sideboard limits for Amendment 80 Program vessels
in the GOA are based on the historic use of halibut PSC by Amendment 80
Program vessels in each PSC target category from 1998 through 2004.
These values are slightly lower than the average historic use to
accommodate two factors: Allocation of halibut PSC cooperative quota
under the Rockfish Program and the exemption of the F/V Golden Fleece
from this restriction (Sec. 679.92(b)(2)). Table 28 lists the final
2020 and 2021 halibut PSC sideboard limits for Amendment 80 Program
vessels. These tables incorporate the maximum percentages of the
halibut PSC sideboard limits that may be used by Amendment 80 Program
vessels as contained in Table 38 to 50 CFR part 679. Any residual
amount of a seasonal Amendment 80 halibut PSC sideboard limit may carry
forward to the next season limit (Sec. 679.92(b)(2)).

Table 28--Final 2020 and 2021 Halibut PSC Sideboard Limits for Amendment 80 Program Vessels in the GOA
[Values are rounded to nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Historic
Amendment 80
use of the 2020 and 2021 2020 and 2021
Season Season dates Target fishery annual annual PSC Amendment 80
halibut PSC limit (mt) vessel PSC
limit catch limit
(ratio)
----------------------------------------------------------------------------------------------------------------
1.................. January 20-April 1... shallow-water....... 0.0048 1,706 8
deep-water.......... 0.0115 1,706 20
2.................. April 1-July 1....... shallow-water....... 0.0189 1,706 32
deep-water.......... 0.1072 1,706 183
3.................. July 1-August 1...... shallow-water....... 0.0146 1,706 25
deep-water.......... 0.0521 1,706 89
4.................. August 1-October 1... shallow-water....... 0.0074 1,706 13
deep-water.......... 0.0014 1,706 2
5.................. October 1-December 31 shallow-water....... 0.0227 1,706 39
deep-water.......... 0.0371 1,706 63
rrrrrrrrrrrrrrrrrrrr
Total.......... ..................... .................... .............. .............. 474
----------------------------------------------------------------------------------------------------------------

Directed Fishing Closures

Pursuant to Sec. 679.20(d)(1)(i), if the Regional Administrator
determines 1) that any allocation or apportionment of a target species
or species group allocated or apportioned to a fishery will be reached;
or 2) with respect to pollock and Pacific cod, that an allocation or
apportionment to an inshore or offshore component or sector allocation
will be reached, then the Regional Administrator may establish a
directed fishing allowance (DFA) for that species or species group. If
the Regional Administrator establishes a DFA and that allowance is or
will be reached before the end of the fishing season or year, NMFS will
prohibit directed fishing for that species or species group in the
specified GOA subarea, regulatory area, or district (Sec.
679.20(d)(1)(iii)).
The Regional Administrator has determined that the TACs for the
species listed in Table 29 are necessary to account for the incidental
catch of these species in other anticipated groundfish fisheries for
the 2020 and 2021 fishing years.

Table 29--2020 and 2021 Directed Fishing Closures in the GOA
[Amounts for incidental catch in other directed fisheries are in metric
tons]
------------------------------------------------------------------------
Incidental catch
Area/component/ amount and year
Target gear (if amounts differ
by year)
------------------------------------------------------------------------
Pollock......................... all/offshore...... not applicable\1\.
Sablefish \2\................... all/trawl......... 1,978 (2020),
3,058 (2021).
Pacific cod \3\................. Western, all See Tables 5 and 6
sectors, all gear of this final
types Central, rule for
all sectors, all incidental catch
gear types amounts.
Eastern, inshore
and offshore.
Shortraker rockfish \2\......... All............... 708.
Rougheye/blackspotted rockfish All............... 1,209 (2020),
\2\. 1,211 (2021).
Thornyhead rockfish \2\......... All............... 2,016.
Other rockfish.................. All............... 4,053.
Atka mackerel................... All............... 3,000.
Big skate....................... All............... 3,208.
Longnose skate.................. All............... 2,587.
Other skates.................... All............... 875.
Sharks.......................... All............... 8,184.
Octopuses....................... All............... 980.
------------------------------------------------------------------------
\1\ Pollock is closed to directed fishing in the GOA by the offshore
component under Sec. 679.20(a)(6)(i).
\2\ Closures not applicable to participants in cooperatives conducted
under the Central GOA Rockfish Program, as cooperatives are prohibited
from exceeding their allocations (Sec. 679.7(n)(6)(viii)).
\3\ NMFS prohibited directed fishing for Pacific cod in the GOA on
January 1, 2020, through December 31, 2020 (84 FR 70438, December 23,
2019).

[[Page 13827]]

Consequently, in accordance with Sec. 679.20(d)(1)(i), the
Regional Administrator establishes the DFA for the species or species
groups listed in Table 29 as zero mt. Therefore, in accordance with
Sec. 679.20(d)(1)(iii), NMFS is prohibiting directed fishing for those
species, areas, gear types, and components in the GOA listed in Table
29 effective at 1200 hours, A.l.t., March 10, 2020, through 2400 hours,
A.l.t., December 31, 2021.
Closures implemented under the 2019 and 2020 GOA harvest
specifications for groundfish (84 FR 9416, March 14, 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 Areas: 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. NMFS may implement other
closures during the 2020 and 2021 fishing years as necessary for
effective conservation and management.

Comments and Responses

NMFS received two letters containing two substantive comments
during the public comment period for the proposed GOA groundfish
harvest specifications. No changes were made to the final rule in
response to the comment letters received. NMFS's response to public
comments on the proposed GOA groundfish harvest specifications is
provided below.
Comment 1: The allowable harvest of groundfish species in the GOA
should be reduced by 50 percent to avoid exploiting the fisheries
resources of the GOA and to account for the marine animals that rely on
fish.
Response: Pursuant to National Standard One of the Magnuson-Stevens
Act, NMFS must achieve, on a continuing basis, the optimum yield from
each fishery for the U.S. fishing industry (16 U.S.C. 1851(a)(1)).
Under the FMP and implementing regulations, the optimum yield for the
GOA groundfish fisheries ranges from 116,000 to 800,000 mt. Based on
the best available science, the Council determined that the optimum
yield for 2020 and 2021 is 399,239 mt and 407,982 mt, respectively, and
recommended TACs to achieve this optimum yield. NMFS agrees with this
recommendation. Reducing the harvest of all groundfish by 50 percent
would not achieve optimum yield for the GOA groundfish fisheries, and
would not comply with National Standard One. Moreover, NMFS's primary
objective in the harvest specifications process is the conservation and
management of groundfish 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 includes information on the
condition of each groundfish species, as well as the condition of other
ecosystem components, including marine mammals and seabirds. The
recommended TACs for species and species groups in the GOA are based on
the most recent SAFE report, and none of the NMFS-managed groundfish
species in the GOA is overfished or subject to overfishing. In
addition, NMFS has considered impacts on endangered and threatened
species and marine mammals and has developed measures to address those
impacts.
Comment 2: NMFS should prohibit commercial fishing, and only allow
subsistence fishing, in the GOA.
Response: The groundfish harvest specifications regulations that
implement the FMP govern commercial fishing for groundfish in the GOA
by vessels of the United States. The groundfish harvest specifications
are for commercial fishing activities. Non-commercial fishing
activities, including subsistence fishing, are outside of the scope of
this action.

Classification

NMFS has determined that the final harvest specifications are
consistent with the FMP and with the Magnuson-Stevens Fishery
Conservation and Management Act and other applicable laws.
This action is authorized under 50 CFR 679.20 and is exempt from
review 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 EIS. In January 2020,
NMFS prepared a SIR for this action. Copies of the 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 preferred alternative is a harvest strategy in which
TACs are set at a level within the range of ABCs recommended by the
Council's SSC; the sum of the TACs must achieve the OY specified in the
FMP.
The annual 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 EIS, does not constitute a substantial change in the
action; and (2) there are no significant new 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 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 in the final action.
Section 604 describes the required contents of a FRFA: (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

[[Page 13828]]

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 that affect the impact on small entities was rejected.
A description of this action, its purpose, and its legal basis are
contained 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 66109).
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 include: (1)
Entities operating vessels with groundfish FFPs catching FMP groundfish
in Federal waters; (2) all entities operating vessels, regardless of
whether they hold groundfish FFPs, catching FMP groundfish in the
State-waters parallel fisheries; and (3) all entities operating vessels
fishing for halibut inside three miles of the shore (whether or not
they have FFPs).
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 756
individual catcher vessel entities with gross revenues meeting small
entity criteria. Of these entities, 706 used hook-and-line gear, 74
used pot gear, and 28 used trawl gear (some of these entities used more
than one gear type, thus the counts of entities using the different
gear types do not sum to the total number of entities above). Three
individual catcher/processors met the small entity criterion; two used
hook-and-line gear, and one used trawl gear. Catcher/processor gross
revenues were not reported for confidentiality reasons; however, in
2018, small hook-and-line entities had average gross revenues of
$390,000, small pot entities had average gross revenues of $870,000,
and small trawl entities had average gross revenues of $2 million.
Some of these vessels are members of AFA inshore pollock
cooperatives, of GOA rockfish cooperatives, or of Bering Sea and
Aleutian Islands crab rationalization cooperatives, and, therefore,
under the RFA it is the aggregate gross receipts of all participating
members of the cooperative that must meet the threshold. Vessels that
participate in these cooperatives are considered to be large entities
within the meaning of the RFA. These relationships are accounted for,
along with corporate affiliations among vessels, to the extent that
they are known, in the estimated number of small entities. If
affiliations exist of which NMFS is unaware, or if entities had non-
fishing revenue sources, the estimates above may overstate the number
of directly regulated small entities.
This action does not modify recordkeeping or reporting
requirements.
NMFS considered alternative harvest strategies when choosing the
preferred harvest strategy (Alternative 2) in December 2006. These
included the following:
Alternative 1: Set TACs to produce fishing mortality
rates, F, that are equal to maxFABC, unless the sum of the TACs is
constrained by the OY established in the FMP. This is equivalent to
setting TACs to produce harvest levels equal to the maximum permissible
ABCs, as constrained by OY. The term ``maxFABC'' refers to the maximum
permissible value of FABC under Amendment 56 to the GOA groundfish
fishery management plan. 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, set TAC
to produce F equal to the most recent 5-year average actual F. For
species in Tiers 4, 5, and 6, set TAC equal to the most recent 5-year
average actual catch. For stocks with a high level of scientific
information, TACs 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, TACs 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 ABCs, and
recent average F may provide a better indicator of actual F than FABC
does.
Alternative 4: First, set TACs for rockfish species in
Tier 3 at F75%; set TACs for rockfish species in Tier 5 at F=0.5M; and
set spatially explicit TACs for shortraker and rougheye/blackspotted
rockfish in the GOA. Second, taking the rockfish TACs as calculated
above, reduce all other TACs by a proportion that does not vary across
species, so that the sum of all TACs, including rockfish TACs, is equal
to the lower bound of the area OY (116,000 mt in the GOA). This
alternative sets conservative and spatially explicit TACs for rockfish
species that are long-lived and late to mature and sets conservative
TACs for the other groundfish species.
Alternative 5: (No Action) Set TACs at zero.
Alternatives 1, 3, 4, and 5 do not meet the objectives of this
action, and although Alternatives 1 and 3 may have a smaller adverse
economic impact on small entities than the preferred alternative,
Alternatives 4 and 5 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 2 is the preferred alternative chosen by the Council:
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. This is the
method for determining TACs that has been used in the past.

[[Page 13829]]

Alternative 2 selected harvest rates that will allow fishermen to
harvest stocks at the level of ABCs, unless total harvests are
constrained by the upper bound of the GOA OY of 800,000 mt. The sums of
ABCs in 2020 and 2021 are 465,956 mt and 471,990 mt, respectively. The
sums of the TACs in 2020 and 2021 are 399,239 mt and 407,982 mt,
respectively. Thus, although the sum of ABCs in each year is less than
800,000 mt, the sums of the TACs in each year are less than the sums of
the ABCs.
In most cases, the Council has set TACs equal to ABCs. The
divergence between aggregate TACs and aggregate ABCs reflects a variety
of special species- and fishery-specific circumstances:
Pacific cod TACs were first set equal to 70 percent in the
Western GOA and 75 percent in the Central and Eastern GOA of the
Pacific cod ABCs in each year to account for the GHL set by the State
for its GHL Pacific cod fisheries (30 percent of the Western GOA ABC
and 25 percent of the Central and Eastern GOA ABCs). In addition, the
Council recommended and NMFS agrees to further reduce the 2020 and 2021
Pacific cod TACs in light of the current status of the Pacific cod
stock.
Shallow-water flatfish Western Regulatory Area and
flathead sole Central and Western Regulatory Area TACs are set below
ABCs. Arrowtooth flounder TACs are set below ABC in all GOA regulatory
areas, except the Central GOA. Catches of these flatfish species
rarely, if ever, approach the proposed ABCs or TACs. Important trawl
fisheries in the GOA take halibut PSC, and are constrained by limits on
the allowable halibut PSC mortality. These limits may force the closure
of trawl fisheries before they have harvested the available groundfish
ABC. Thus, actual harvests of groundfish in the GOA routinely fall
short of some ABCs and TACs. Markets can also constrain harvests below
the TACs, as has been the case with arrowtooth flounder, in the past.
These TACs are set to allow for increased harvest opportunities for
these targets while conserving the halibut PSC limit for use in other,
more fully utilized fisheries.
The GOA-wide Atka mackerel TAC is set below the ABC. The
current estimates of survey biomass continue to be unreliable in the
GOA. Therefore, the Council recommended and NMFS agrees that the Atka
mackerel TAC in the GOA be set at an amount to support incidental catch
in other directed fisheries.
Alternative 1 selects harvest rates that would allow fishermen to
harvest stocks at the level of the ABCs, unless total harvests were
constrained by the upper bound of the GOA OY of 800,000 mt. Although
Alternative 1 may be consistent with the preferred alternative
(Alternative 2), meet the objectives of the action, and have small
entity impacts equivalent to the preferred alternative, it is not
likely that Alternative 1 would result in reduced adverse economic
impacts to directly-regulated small entities relative to Alternative 2.
The selection of Alternative 1, which could increase all TACs up to the
sum of ABCs, would not reflect the practical implications that
increased TACs for some species probably would not be fully harvested.
This could be due to a variety of reasons, which are addressed in the
preamble to this rule and are summarized briefly here. There may be a
lack of commercial or market interest in some species. Additionally, an
underharvest of flatfish TACs could result due to constraints such as
the fixed, and therefore constraining, PSC limits associated with the
harvest of the GOA groundfish species. Finally, the TACs for two
species (pollock and Pacific cod) cannot be set equal to ABC, as the
TAC must be set to account for the State of Alaska's GHLs in these
fisheries.
Alternative 3 selects harvest rates based on the most recent 5
years of harvest rates (for species in Tiers 1 through 3) or based on
the most recent 5 years of harvests (for species in Tiers 4 through 6).
This alternative is inconsistent with the objectives of this action
because it does not take account of the most recent biological
information for this fishery, as well as National Standard 2 of the
Magnuson-Stevens Act (16 U.S.C. 1851(a)(2)). NMFS annually conducts at-
sea surveys for different species, as well as statistical modeling, to
estimate stock sizes and permissible harvest levels. Actual harvest
rates or harvest amounts are a component of these estimates, but in and
of themselves may not accurately portray stock sizes and conditions.
Harvest rates are listed for each species or species group for each
year in the SAFE report (see ADDRESSES).
Alternative 4 would lead to significantly lower harvests of all
species to reduce TACs from the upper end of the OY range in the GOA to
its lower end of 116,000 mt. Overall, this alternative would reduce
2020 TACs by about 71 percent, compared to the Council's recommended
total 2020 TAC of 399,239 mt. This would lead to significant reductions
in harvests of species by small entities. While production declines in
the GOA likely would be associated with offsetting price increases in
the GOA, the size of these increases is very uncertain. Price increases
would still be constrained by the availability of substitutes, and
there are close substitutes for GOA groundfish species available in
significant quantities from the Bering Sea and Aleutian Islands
management area. In addition, price increases are very unlikely to
offset revenue declines from smaller production. Thus, this action
would have a detrimental economic impact on small entities, compared to
the preferred alternative.
Alternative 5, which sets all harvests equal to zero, may also
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 this rule
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
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.
For all fisheries not currently closed because the TACs established
under the final 2019 and 2020 harvest specifications (84 FR 9416, March
14, 2019) were not reached, it is possible that they would be closed
prior to the expiration of a 30-day delayed effectiveness period
because their TACs could be reached within that period. 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

[[Page 13830]]

established in the 2019 and 2020 harvest specifications (84 FR 9416,
March 14, 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, are intensive, fast-
paced fisheries. Other fisheries, such as those for sablefish,
flatfish, rockfish, Atka mackerel, 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 many of these fisheries. If this rule allowed
for a 30-day delay in effectiveness and if a TAC were reached during
those 30 days, NMFS would close directed fishing or prohibit retention
for the applicable species. Any delay in allocating the final TACs in
these fisheries would cause confusion to the industry and potential
economic harm through unnecessary discards, thus undermining the intent
of this rule. Waiving the 30-day delay allows NMFS to prevent economic
loss to fishermen that could otherwise occur should the 2020 TACs (set
under the 2019 and 2020 harvest specifications) be reached. Determining
which fisheries may close is nearly impossible 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 by freeing-up fishing vessels, allowing them
to move from closed fisheries to open ones, increasing the fishing
capacity in those open fisheries, and causing them to close at an
accelerated pace.
In fisheries subject to declining sideboard limits, a failure to
implement the updated sideboard limits before initial season's end
could deny the intended economic protection to the non-sideboarded
sectors. Conversely, in fisheries with increasing sideboard limits,
economic benefit could be denied to the sideboard-limited sectors.
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. This would result in
confusion for the industry 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.
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 TACs.
Therefore, NMFS finds good cause to waive the 30-day delay in
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 GOA. 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 affects all fishermen who participate in the GOA fisheries.
The specific 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), 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 24, 2020.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020-04016 Filed 3-9-20; 8:45 am]
BILLING CODE 3510-22-P

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