Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of Alaska; Proposed 2021 and 2022 Harvest Specifications for Groundfish, 78076-78096 [2020-26592]
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78076
Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules
Published in the Federal
Register on December 3, 2020, the Board
will provide an opportunity for
additional public participation in a
subsequent decision.
ADDRESSES: Comments and replies may
be filed with the Board via e-filing on
the Board’s website at www.stb.gov and
will be posted to the Board’s website.
FOR FURTHER INFORMATION CONTACT:
Amy Ziehm at (202) 245–0391.
Assistance for the hearing impaired is
available through the Federal Relay
Service at (800) 877–8339.
SUPPLEMENTARY INFORMATION: On July
31, 2020, five railroad parties—
Canadian National Railway Company
(CN); CSX Transportation, Inc. (CSXT);
The Kansas City Southern Railway
Company (KCS); Norfolk Southern
Corporation; and Union Pacific Railroad
Company (UP) (collectively,
Petitioners) 1—filed a petition for
rulemaking to create a new, voluntary
small rate case arbitration program, to
be codified at 49 CFR part 1108a, which
would function alongside the Board’s
existing arbitration program at 49 CFR
part 1108. Petitioners pledge to
participate in their proposed arbitration
program for a period of five years,
provided the Board adopts the program
according to the terms set forth in the
petition, including (among other things)
a right to withdraw from the program if
the Board adopts the Final Offer Rate
Review (FORR) process 2 without
exempting carriers that participate in
the program from the FORR process.
(Pet. 2, 17.)
Replies to the petition were filed on
August 20, 2020, by the National Grain
and Feed Association (NGFA); Olin
Corporation (Olin); the American Fuel &
Petrochemical Manufacturers (AFPM);
and (filing jointly) the American
Chemistry Council, Corn Refiners
Association, Institute of Scrap Recycling
Industries, National Industrial
Transportation League, The Chlorine
Institute, and The Fertilizer Institute
(Joint Shippers). The U.S. Department of
Agriculture (USDA) also filed a reply.
Olin, AFPM, and the Joint Shippers
generally object to the Petitioners’
requested program.3 While USDA and
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DATES:
1 The petition lists one of the petitioners only as
‘‘CN.’’ In their supplemental filing, Petitioners
identify this party as the ‘‘U.S. operating
subsidiaries of CN.’’ Although not identified in
either filing, the Board understands ‘‘CN’’ to mean
Canadian National Railway Company. Another
petitioner is listed as Norfolk Southern Corp., but
in the supplemental filing, the party is identified as
Norfolk Southern Railway Company (NSR), the
operating affiliate of Norfolk Southern Corp.
2 The Board proposed FORR in Final Offer Rate
Review, EP 755 (STB served Sept. 12, 2019).
3 In a comment filed in Docket No. EP 755, the
U.S. Wheat Associates Transportation Working
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NGFA express support for commencing
a rulemaking proceeding, they advocate
for certain changes to the program
requested by the Petitioners. (USDA
Reply 1; NGFA Reply 1–2.) By decision
issued on August 26, 2020, the Director
of the Office of Proceedings directed
Petitioners to submit a supplemental
pleading responding to the replies and
allowed other interested persons to
respond as well.
On September 10, 2020, Petitioners
submitted a supplemental filing, as did
AFPM, U.S. Wheat, and the Joint
Shippers. Petitioners state that they are
agreeable to some modifications to their
proposed program, but not to the
modifications suggested by other
interested parties on confidentiality,
exemption from FORR, and a
prohibition on revenue adequacy
considerations. The shipper groups
renewed their objections to Petitioners’
proposed program.
The Board favors the resolution of
disputes through alternative dispute
resolution whenever possible, see 49
CFR 1109.1, and has also been actively
working to expand access to rate relief,
particularly for smaller disputes. The
Rate Reform Task Force (RRTF), which
the Board established in 2018 to
develop recommendations for rate
reform, recommended legislation that
would permit mandatory arbitration of
small disputes, in addition to a Boardadministered final offer decisionmaking process,4 the latter of which the
Board has proposed in Docket No. EP
755. (RRTF Report 14–20.) In order for
the Board to give further consideration
to providing a new arbitration program
under which parties would voluntarily
participate to resolve rate disputes, the
Board concludes that it is appropriate to
institute a rulemaking proceeding to
consider Petitioners’ proposal.5 The
Board will provide an opportunity for
additional public participation in a
subsequent decision.
List of Subjects in 49 CFR 1108
Administrative practice and
procedure, Railroads.
It is ordered:
1. Petitioners’ request to initiate a
rulemaking proceeding is granted, as
discussed above.
Group (U.S. Wheat) also expressed ‘‘several
concerns’’ regarding the Petitioners’ requested
program. See U.S. Wheat Comment 6, Aug. 12,
2020, Final Offer Rate Review, EP 755.
4 The RRTF issued its report on April 25, 2019.
The RRTF Report is available on the Board’s
website at https://prod.stb.gov/wp-content/uploads/
Rate-Reform-Task-Force-Report-April-2019.pdf.
5 The Board also notes the Petitioners’ proposed
interrelationship between their proposed arbitration
program and the Board’s proposal in Docket No. EP
755.
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2. Notice of this decision will be
published in the Federal Register.
3. This decision is effective on its
service date.
Decided: November 24, 2020.
By the Board, Board Members Begeman,
Fuchs, and Oberman.
Tammy Lowery,
Clearance Clerk.
[FR Doc. 2020–26506 Filed 12–2–20; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 201125–0318; RTID 0648–
XY115]
Fisheries of the Exclusive Economic
Zone Off Alaska; Gulf of Alaska;
Proposed 2021 and 2022 Harvest
Specifications for Groundfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; harvest
specifications and request for
comments.
AGENCY:
NMFS proposes 2021 and
2022 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 2021 and 2022 fishing years
and to accomplish the goals and
objectives of the Fishery Management
Plan for Groundfish of the Gulf of
Alaska. The 2021 harvest specifications
supersede those previously set in the
final 2020 and 2021 harvest
specifications, and the 2022 harvest
specifications will be superseded in
early 2022 when the final 2022 and
2023 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 (Magnuson-Stevens Act).
DATES: Comments must be received by
January 4, 2021.
ADDRESSES: Submit comments on this
document, identified by NOAA–NMFS–
2020–0140, by either of the following
methods:
• Federal e-Rulemaking Portal: Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-2020SUMMARY:
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0140, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Records Office. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: NMFS may not consider
comments if they are sent by any other
method, to any other address or
individual, or received after the
comment period ends. All comments
received are a part of the public record,
and NMFS will post the comments for
public viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender is
publicly accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Electronic copies of the Alaska
Groundfish Harvest Specifications Final
Environmental Impact Statement (Final
EIS), Record of Decision (ROD) for the
Final EIS, and the annual
Supplementary Information Reports
(SIRs) to the Final EIS prepared for this
action are available from https://
www.regulations.gov. An updated 2021
SIR for the final 2021 and 2022 harvest
specifications will be available from the
same source. The final 2019 Stock
Assessment and Fishery Evaluation
(SAFE) report for the groundfish
resources of the GOA, dated November
2019, is available from the North Pacific
Fishery Management Council (Council)
at 1007 West Third, Suite 400,
Anchorage, AK 99501–2252, phone
907–271–2809, or from the Council’s
website at https://www.npfmc.org. The
2020 SAFE report for the GOA will be
available from the same source.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the GOA groundfish fisheries
in the exclusive economic zone (EEZ) of
the GOA under the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP). The Council prepared the
FMP under the authority of the
Magnuson-Stevens 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
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within the optimum yield (OY) range of
116,000 to 800,000 metric tons (mt)
(§ 679.20(a)(1)(i)(B)). Section
679.20(c)(1) further requires NMFS to
publish and solicit public comment on
proposed annual TACs and
apportionments thereof, Pacific halibut
prohibited species catch (PSC) limits,
and seasonal allowances of pollock and
Pacific cod. The proposed harvest
specifications in Tables 1 through 19 of
this rule satisfy these requirements. For
2021 and 2022, the sum of the proposed
TAC amounts is 402,783 mt.
Under § 679.20(c)(3), NMFS will
publish the final 2021 and 2022 harvest
specifications after (1) considering
comments received within the comment
period (see DATES), (2) consulting with
the Council at its December 2020
meeting, (3) considering information
presented in the 2021 SIR to the Final
EIS that assesses the need to prepare a
Supplemental EIS (see ADDRESSES), and
(4) considering information presented in
the final 2020 SAFE reports prepared for
the 2021 and 2022 groundfish fisheries.
Other Actions Affecting or Potentially
Affecting the 2021 and 2022 Harvest
Specifications
Amendment 109 to the FMP: Revisions
to the GOA Pollock Seasons and Pacific
Cod Seasonal Allocations
On June 25, 2020, NMFS published a
final rule to implement Amendment 109
to the FMP (85 FR 38093), effective
January 1, 2021. The final rule revised
the pollock seasons and allocations in
the GOA, along with Pacific cod season
allocations. Amendment 109 modified
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 were combined into a January
20 through May 31 A season, and the
pollock C and D seasons were combined
into a September 1 through November 1
B season. Additionally, Amendment 109
revised 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. The revisions
implemented by Amendment 109 are
incorporated into these proposed 2021
and 2022 harvest specifications.
Amendment 110 to the FMP: Reclassify
Sculpins as an Ecosystem Component
Species
On July 10, 2020, NMFS published
the final rule to implement Amendment
110 to the FMP (85 FR 41427). The final
rule reclassified sculpins in the FMP as
an ‘‘Ecosystem Component’’ species,
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which is a category of non-target species
that are not in need of conservation and
management. Accordingly, NMFS will
no longer set an Overfishing Level
(OFL), acceptable biological catch
(ABC), and TAC for sculpins in the GOA
groundfish harvest specifications,
beginning with these proposed 2021 and
2022 harvest specifications.
Amendment 110 prohibits directed
fishing for sculpins, while maintaining
recordkeeping and reporting
requirements for sculpins. Amendment
110 also establishes a maximum
retainable amount for sculpins when
directed fishing for groundfish species
at 20 percent to discourage targeting
sculpin species.
Potential Revisions to the Sablefish
Apportionment Process
The Alaska-wide sablefish ABC is
apportioned between six areas within
the GOA and BSAI (the Bering Sea,
Aleutian Islands, Western Gulf, Central
Gulf, West Yakutat, and East Yakutat/
Southeast Areas). Since 2013, a fixed
apportionment methodology has been
used to apportion the ABC between
those six years. However, a new
apportionment methodology is being
considered that could affect the
apportionment of sablefish ABC, as well
as TACs and gear allocations between
the trawl and fixed gear sectors,
specified in future GOA groundfish
harvest specifications. The Joint BSAI
and GOA Groundfish Plan Team,
Scientific and Statistical Committee
(SSC), and Council will review and
propose any changes to the sablefish
ABC apportionment methodology and
could recommend changes for the final
2021 and 2022 groundfish harvest
specifications.
Proposed ABC and TAC Specifications
In October 2020, the Council’s SSC,
its Advisory Panel (AP), and the Council
reviewed the most recent biological and
harvest information about the condition
of the GOA groundfish stocks. The
Council’s GOA Groundfish Plan Team
(Plan Team) compiled and presented
this information in the final 2019 SAFE
report for the GOA groundfish fisheries,
dated November 2019 (see ADDRESSES).
The SAFE report contains a review of
the latest scientific analyses and
estimates of each species’ biomass and
other biological parameters, as well as
summaries of the available information
on the GOA ecosystem and the
economic condition of the groundfish
fisheries off Alaska. From these data and
analyses, the Plan Team recommends,
and the SSC sets, an OFL and ABC for
each species or species group. The
amounts proposed for the 2021 and
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2022 OFLs and ABCs are based on the
2019 SAFE report. The AP and Council
recommended that the proposed 2021
and 2022 TACs be set equal to proposed
ABCs for all species and species groups,
with the exception of the species and
species groups further discussed below.
The proposed OFLs, ABCs, and TACs
could be changed in the final harvest
specifications depending on the most
recent scientific information contained
in the final 2020 SAFE report. The stock
assessments that will comprise, in part,
the 2020 SAFE report are available at
https://www.fisheries.noaa.gov/alaska/
population-assessments/north-pacificgroundfish-stock-assessment-andfishery-evaluation. The final 2020 SAFE
report will be available from the same
source.
In November 2020, the Plan Team
will update the 2019 SAFE report to
include new information collected
during 2020, such as NMFS stock
surveys, revised stock assessments, and
catch data. The Plan Team will compile
this information and present the draft
2020 SAFE report at the December 2020
Council meeting. At that meeting, the
SSC and the Council will review the
2020 SAFE report, and the Council will
approve the 2020 SAFE report. The
Council will consider information in the
2020 SAFE report, recommendations
from the November 2020 Plan Team
meeting and December 2020 SSC and
AP meetings, public testimony, and
relevant written public comments in
making its recommendations for the
final 2021 and 2022 harvest
specifications. Pursuant to § 679.20(a)(2)
and (3), the Council could recommend
adjusting the TACs if warranted based
on the biological condition of
groundfish stocks or a variety of
socioeconomic considerations, or if
required to cause the sum of TACs to
fall within the OY range.
Many of the scheduled 2020 GOA and
Bering Sea groundfish and ecosystem
surveys were cancelled or modified;
some were conducted as planned. The
Alaska Fisheries Science Center (AFSC)
implemented a variety of mitigation
efforts to partially address the loss of
data from cancelled surveys in 2020.
Currently, for 2021 the AFSC plans to
resume the normal schedule of surveys
for the GOA including a two-vessel
GOA trawl survey and GOA acoustictrawl survey. The stock assessment
process is adaptable to the changes in
availability of survey data, as many
surveys are conducted periodically,
rather than annually, and any changes
relevant to the stock assessment process
will be addressed in the final SAFE
report.
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Potential Changes Between Proposed
and Final Specifications
In previous years, the most significant
changes (relative to the amount of
assessed tonnage of fish) to the OFLs
and ABCs from the proposed to the final
harvest specifications have been based
on the most recent NMFS stock surveys.
These surveys provide updated
estimates of stock biomass and spatial
distribution, and inform changes to the
models used for producing stock
assessments. At the September 2020
Plan Team meeting, NMFS scientists
presented updated and new survey
results. Scientists also discussed
potential changes to assessment models,
and accompanying preliminary stock
estimates. At the October 2020 Council
meeting, the SSC reviewed this
information. The species with potential
for a significant model change is Pacific
ocean perch. Model changes can result
in changes to final OFLs, ABCs, and
TACs.
In November 2020, the Plan Team
will consider updated survey results
and updated stock assessments for
groundfish, which will be included in
the draft 2020 SAFE report. If the 2020
SAFE report indicates that the stock
biomass trend is increasing for a
species, then the final 2021 and 2022
harvest specifications for that species
may reflect an increase from the
proposed harvest specifications.
Conversely, if the 2020 SAFE report
indicates that the stock biomass trend is
decreasing for a species, then the final
2021 and 2022 harvest specifications
may reflect a decrease from the
proposed harvest specifications.
The proposed 2021 and 2022 OFLs
and ABCs are based on the best
available biological and scientific
information, including projected
biomass trends, information on assumed
distribution of stock biomass, and
revised technical methods used to
calculate stock biomass. The FMP
specifies the tiers to be used to compute
OFLs and ABCs. The tiers applicable to
a particular stock or stock complex are
determined by the level of reliable
information available to the fisheries
scientists. This information is
categorized into a successive series of
six tiers to define OFLs and ABCs, with
Tier 1 representing the highest level of
information quality available and Tier 6
representing the lowest level of
information quality available. The Plan
Team used the FMP tier structure to
calculate OFLs and ABCs for each
groundfish species. The SSC adopted
the proposed 2021 and 2022 OFLs and
ABCs recommended by the Plan Team
for all groundfish species. The proposed
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2021 and 2022 TACs are based on the
best available biological and
socioeconomic information. The
Council adopted the SSC’s OFL and
ABC recommendations and the AP’s
TAC recommendations.
Specification and Apportionment of
TAC Amounts
The Council recommended proposed
2021 and 2022 TACs that are equal to
proposed ABCs for all species and
species groups, with the exception of
pollock in the combined Western and
Central Regulatory Areas and the West
Yakutat (WYK) District of the Eastern
Regulatory Area (the W/C/WYK
Regulatory Area), Pacific cod, shallowwater flatfish in the Western Regulatory
Area, arrowtooth flounder, flathead sole
in the Western and Central Regulatory
Areas, and Atka mackerel. The W/C/
WYK Regulatory Area pollock TAC and
the GOA Pacific cod TACs are set to
account for the State of Alaska’s (State’s)
guideline harvest levels (GHLs) for the
State water pollock and Pacific cod
fisheries so that the ABCs are not
exceeded. Additionally, the proposed
GOA Pacific cod TACs include a further
reduction, which the Council
recommended and NMFS implemented
in the 2020 and 2021 harvest
specifications, as an additional
conservation measure due to the stock’s
projected 2020 spawning biomass
(discussed further below). The shallowwater flatfish, arrowtooth flounder, and
flathead sole TACs are set to allow for
increased harvest opportunities for
these target species while conserving
the halibut PSC limit for use in other
fisheries. The Atka mackerel TAC is set
to accommodate incidental catch
amounts in other fisheries. These
reductions are described below.
NMFS’s proposed apportionments of
groundfish species are based on the
distribution of biomass among the
regulatory areas over which NMFS
manages the species. Additional
regulations govern the apportionment of
pollock, Pacific cod, and sablefish.
Additional detail on apportionments of
pollock, Pacific cod, and sablefish are
described below.
The ABC for the pollock stock in the
W/C/WYK Regulatory Area accounts for
the GHL established by the State for the
Prince William Sound (PWS) pollock
fishery. The Plan Team, SSC, AP, and
Council have recommended that the
sum of all State water and Federal water
pollock removals from the GOA not
exceed ABC recommendations. For 2021
and 2022, the Council recommended the
W/C/WYK pollock ABC include the
amount to account for the State’s PWS
GHL. At the November 2018 Plan Team
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meeting, State fisheries managers
recommended setting the future PWS
GHL at 2.5 percent of the annual W/C/
WYK pollock ABC. For 2021, this yields
a PWS pollock GHL of 2,797 mt, an
increase of 85 mt from the 2020 PWS
GHL of 2,712 mt. After accounting for
the PWS GHL, the 2021 and 2022
pollock ABC for the combined W/C/
WYK areas is then apportioned among
four statistical areas (Areas 610, 620,
630, and 640) as both ABCs and TACs,
as described below and detailed in
Table 1. The total ABCs and TACs for
the four statistical areas, plus the State
GHL, do not exceed the combined W/C/
WYK ABC. The proposed W/C/WYK
2021 and 2022 pollock ABC is 111,888
mt, and the proposed TAC is 109,091
mt.
Apportionments of pollock to the W/
C/WYK management areas are
considered to be apportionments of
annual catch limit (ACLs) rather than
apportionments of ABCs. This more
accurately reflects that such
apportionments address management
concerns, rather than biological or
conservation concerns. In addition,
apportionments of the ACL in this
manner allow NMFS to balance any
transfer of TAC among Areas 610, 620,
and 630 pursuant to § 679.20(a)(5)(iv)(B)
to ensure that the combined W/C/WYK
ACL, ABC, and TAC are not exceeded.
NMFS proposes pollock TACs in the
Western Regulatory Area (Area 610),
Central Regulatory Area (Areas 620 and
630), and the West Yakutat District
(Area 640) and the Southeast Outside
(SEO) District (Area 650) of the Eastern
Regulatory Area of the GOA (see Table
1). NMFS also proposes seasonal
apportionment of the annual pollock
TAC in the Western and Central
Regulatory Areas of the GOA among
Statistical Areas 610, 620, and 630.
These apportionments are divided
equally among the following two
seasons: The A season (January 20
through May 31) and the B season
(September 1 through November 1)
(§§ 679.23(d)(2)(i) and (ii), and
679.20(a)(5)(iv)(A) and (B)). Additional
detail is provided below; Table 2 lists
these amounts.
The proposed 2021 and 2022 Pacific
cod TACs are set to accommodate the
State’s GHLs for Pacific cod in State
waters in the Western and Central
Regulatory Areas, as well as in PWS (in
the Eastern Regulatory Area) (see Table
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1). The Plan Team, SSC, AP, and
Council recommended that the sum of
all State water and Federal water Pacific
cod removals from the GOA not exceed
ABC recommendations. Accordingly,
the Council recommended the 2021 and
2022 Pacific cod TACs in the Western,
Central, and Eastern Regulatory Areas to
account for State GHLs. Therefore, the
proposed 2021 and 2022 Pacific cod
TACs are less than the proposed ABCs
by the following amounts: (1) Western
GOA, 1,483 mt; (2) Central GOA, 2,115
mt; and (3) Eastern GOA, 305 mt. These
amounts reflect the State’s 2021 and
2022 GHLs in these areas, which are 30
percent of the Western GOA proposed
ABC, and 25 percent of the Eastern and
Central GOA proposed ABCs. The
proposed 2021 and 2022 Pacific cod
TACs also incorporate an additional
reduction (40 percent) from the
proposed Pacific cod ABCs, after
deduction of the State GHL amounts.
This reduction was recommended by
the Council and implemented by NMFS
in the final 2020 and 2021 harvest
specifications after the 2019 SAFE
indicated that the spawning biomass of
Pacific cod would be below 20 percent
of the projected unfished spawning
biomass during 2020. At the December
2020 meeting, the Council will consider
whether to recommend any reduction of
the final Pacific cod TACs based on the
most recent 2020 biological assessment
on the stock condition for Pacific cod.
NMFS also proposes seasonal
apportionments of the Pacific cod TACs
in the Western and Central Regulatory
Areas. A portion of the annual TAC is
apportioned to the A season for hookand-line, pot, and jig gear from January
1 through June 10, and for trawl gear
from January 20 through June 10. The
remainder of the annual TAC is
apportioned to the B season for jig gear
from June 10 through December 31, for
hook-and-line and pot gear from
September 1 through December 31, and
for trawl gear from September 1 through
November 1 (§§ 679.23(d)(3) and
679.20(a)(12)). The Western and Central
GOA Pacific cod TACs are allocated
among various gear and operational
sectors. The Pacific cod sector
apportionments are discussed in detail
in a subsequent section and in Table 3
of this rule.
In 2020, NMFS prohibited directed
fishing for Pacific cod in the GOA, in
accordance with § 679.20(d)(4). At that
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time, NMFS determined that the 2019
biological assessment of stock condition
for Pacific cod in the GOA projected
that the spawning biomass in the GOA
would be below 20 percent of the
projected unfished spawning biomass
during 2020. 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.
At the November 2020 Plan Team and
December 2020 SSC meetings, the Plan
Team and SSC will review the Pacific
cod stock assessment and evaluate the
stock condition of Pacific cod to
determine whether the directed fishery
for Pacific cod in the GOA will remain
closed pursuant to § 679.20(d)(4).
The Council’s recommendation for
sablefish area apportionments takes into
account the prohibition on the use of
trawl gear in the SEO District of the
Eastern Regulatory Area (§ 679.7(b)(1))
and makes available five percent of the
combined Eastern Regulatory Area
TACs to vessels using trawl gear for use
as incidental catch in other trawl
groundfish fisheries in the WYK District
(§ 679.20(a)(4)(i)). Additional detail is
provided below. Tables 4 and 5 list the
proposed 2021 and 2022 allocations of
the sablefish TAC to fixed gear and
trawl gear in the GOA.
For 2021 and 2022, the Council
recommends and NMFS proposes the
OFLs, ABCs, and TACs listed in Table
1. These amounts are consistent with
the biological condition of groundfish
stocks as described in the 2019 SAFE
report. The proposed ABCs reflect
harvest amounts that are less than the
specified overfishing levels. The
proposed TACs are adjusted for other
biological and socioeconomic
considerations. The sum of the
proposed TACs for all GOA groundfish
is 402,783 mt for 2021 and 2022, which
is within the OY range specified by the
FMP. These proposed amounts and
apportionments by area, season, and
sector are subject to change pending
consideration of the 2020 SAFE report
and the Council’s recommendations for
the final 2021 and 2022 harvest
specifications during its December 2020
meeting.
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Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules
TABLE 1—PROPOSED 2021 AND 2022 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST
YAKUTAT, WESTERN, CENTRAL, AND EASTERN REGULATORY AREAS, THE WEST YAKUTAT AND SOUTHEAST OUTSIDE
DISTRICTS OF THE EASTERN REGULATORY AREA, AND GULFWIDE DISTRICT OF THE GULF OF ALASKA
[Values are rounded to the nearest metric ton]
Species
Area 1
Pollock 2 ..........................................................
Shumagin (610) ..............................................
Chirikof (620) ..................................................
Kodiak (630) ...................................................
WYK (640) ......................................................
W/C/WYK (subtotal) .......................................
SEO (650) ......................................................
n/a
n/a
n/a
n/a
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 (Alaska-wide OFL) .............................
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 ....................................................................
C .....................................................................
WYK ...............................................................
SEO ................................................................
18,779
n/a
n/a
n/a
n/a
15,416
30,545
66,683
9,946
17,183
15,416
14,500
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 .....................................................................
944
n/a
n/a
708
759
2,688
708
759
2,688
Pacific cod 3 ....................................................
Sablefish 4 .......................................................
Shallow-water flatfish 5 ....................................
Deep-water flatfish 6 ........................................
Rex sole ..........................................................
Arrowtooth flounder .........................................
Flathead sole ..................................................
Pacific ocean perch 7 ......................................
khammond on DSKJM1Z7X2PROD with PROPOSALS
Northern rockfish 8 ..........................................
Shortraker rockfish 9 ........................................
Dusky rockfish 10 .............................................
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Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules
78081
TABLE 1—PROPOSED 2021 AND 2022 OFLS, ABCS, AND TACS OF GROUNDFISH FOR THE WESTERN/CENTRAL/WEST
YAKUTAT, WESTERN, CENTRAL, AND EASTERN REGULATORY AREAS, THE WEST YAKUTAT AND SOUTHEAST OUTSIDE
DISTRICTS OF THE EASTERN REGULATORY AREA, AND GULFWIDE DISTRICT OF THE GULF OF ALASKA—Continued
[Values are rounded to the nearest metric ton]
Area 1
Species
Rougheye and blackspotted rockfish 11 ..........
Demersal shelf rockfish 12 ...............................
Thornyhead rockfish 13 ....................................
Other rockfish 14 15 ..........................................
Atka mackerel .................................................
Big skates 16 ....................................................
Longnose skates 17 .........................................
khammond on DSKJM1Z7X2PROD with PROPOSALS
Other skates 18 ................................................
Sharks .............................................................
Octopuses .......................................................
Total .........................................................
OFL
TAC 2
ABC
WYK ...............................................................
SEO ................................................................
n/a
n/a
113
38
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/C combined ................................................
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 ............................................................
GW .................................................................
GW .................................................................
GW .................................................................
.........................................................................
3,449
1,166
10,913
1,307
632,836
2,587
875
8,184
980
466,791
2,587
875
8,184
980
402,783
1 Regulatory areas and districts are defined at § 679.2. (W=Western Gulf of Alaska; C=Central Gulf of Alaska; E=Eastern Gulf of Alaska;
WYK=West Yakutat District; SEO=Southeast Outside District; GW=Gulf-wide).
2 The total for the W/C/WYK Regulatory Areas pollock ABC is 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 2. In the West Yakutat (Area 640) and
Southeast Outside (Area 650) Districts of the Eastern Regulatory Area, pollock is not divided into seasonal allowances.
3 The annual Pacific cod TAC is apportioned: (1) 63.84 percent to the A season and 36.16 percent to the B season and (2) 64.16 percent to
the A season and 35.84 percent to the B season in the Western and Central Regulatory Areas of the GOA, respectively. The Pacific cod TAC in
the Eastern Regulatory Area of the GOA is allocated 90 percent to vessels harvesting Pacific cod for processing by the inshore component and
10 percent to vessels harvesting Pacific cod for processing by the offshore component. Table 3 lists the proposed 2021 and 2022 Pacific cod
seasonal apportionments and sector allocations.
4 The Sablefish OFL is set Alaska-wide. Additionally, sablefish is allocated to fixed and trawl gear in 2021 and trawl gear in 2022. Tables 4 and
5 list the proposed 2021 and 2022 allocations of sablefish TACs.
5 ‘‘Shallow-water flatfish’’ means flatfish not including ‘‘deep-water flatfish,’’ flathead sole, rex sole, or arrowtooth flounder.
6 ‘‘Deep-water flatfish’’ means Dover sole, Greenland turbot, Kamchatka flounder, and deepsea sole.
7 ‘‘Pacific ocean perch’’ means Sebastes alutus.
8 ‘‘Northern rockfish’’ means Sebastes polyspinous. For management purposes the 1 mt apportionment of ABC to the WYK District of the Eastern Regulatory Area has been included in the ‘‘other rockfish’’ species group.
9 ‘‘Shortraker rockfish’’ means Sebastes borealis.
10 ‘‘Dusky rockfish’’ means Sebastes variabilis.
11 ‘‘Rougheye and blackspotted rockfish’’ means Sebastes aleutianus (rougheye) and Sebastes melanostictus (blackspotted).
12 ‘‘Demersal shelf rockfish’’ means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper), S. maliger (quillback), S.
helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
13 ‘‘Thornyhead rockfish’’ means Sebastes species.
14 ‘‘Other rockfish means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S. goodei (chilipepper), S. crameri
(darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S. wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S.
zacentrus (sharpchin), S. jordani (shortbelly), S. brevispinis (silvergray), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus (vermilion), S.
reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). In the Eastern GOA only, ‘‘other rockfish’’ also includes northern rockfish
(S. polyspinous).
15 ‘‘Other rockfish’’ in the Western and Central Regulatory Areas and in the West Yakutat District of the Eastern Regulatory Area means all
rockfish species included in the ‘‘other rockfish’’ and demersal shelf rockfish categories. The ‘‘other rockfish’’ species group in the SEO District
only includes other rockfish.
16 ‘‘Big skates’’ means Raja binoculata.
17 ‘‘Longnose skates’’ means Raja rhina.
18 ‘‘Other skates’’ means Bathyraja and Raja spp.
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78082
Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules
Proposed Apportionment of Reserves
Section 679.20(b)(2) requires NMFS to
set aside 20 percent of each TAC for
pollock, Pacific cod, flatfish, sharks, and
octopuses in reserve for possible
apportionment at a later date during the
fishing year. Section 679.20(b)(3)
authorizes NMFS to reapportion all or
part of these reserves. In 2020, NMFS
reapportioned all of the reserves in the
final harvest specifications. For 2021
and 2022, NMFS proposes
reapportionment of each of the reserves
for pollock, Pacific cod, flatfish, sharks,
and octopuses back into the original
TAC from which the reserve was
derived. NMFS expects, based on recent
harvest patterns, that such reserves will
not be necessary and that the entire TAC
for each of these species will be caught.
The TACs in Table 1 reflect this
proposed reapportionment of reserve
amounts to the original TAC for these
species and species groups, i.e., each
proposed TAC for the above-mentioned
species or species groups contains the
full TAC recommended by the Council.
Proposed Apportionments of Pollock
TAC Among Seasons and Regulatory
Areas, and Allocations for Processing by
Inshore and Offshore Components
In the GOA, pollock is apportioned by
season and area, and is further allocated
for processing by inshore and offshore
components. Pursuant to
§ 679.20(a)(5)(iv)(B), the annual pollock
TAC specified for the Western and
Central Regulatory Areas of the GOA is
apportioned into two seasonal
allowances of 50 percent. As established
by § 679.23(d)(2)(i) through (ii), the A
and B season allowances are available
from January 20 through May 31 and
September 1 through November 1,
respectively. This is a change from 2020
and prior years, when there were four
specified pollock seasons of equal
seasonal allowances of 25 percent. As
described earlier in the preamble, the
regulatory revisions implemented by
Amendment 109 to the FMP (85 FR
38093, June 25, 2020) decreased the
number of seasons to two and
established two equal seasonal
allowances of 50 percent. NMFS is
incorporating these regulatory revisions
(which are effective January 1, 2021)
into the harvest specifications for the
GOA, and Table 2, below, reflects the
revised seasons and seasonal allocations
implemented by Amendment 109 to the
FMP.
The GOA pollock stock assessment
continues to use a four-season
methodology to determine pollock
distribution in the Western and Central
Regulatory Areas of the GOA to
maintain continuity in the historical
pollock apportionment time-series.
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 pollock biomass
determined by the most recent NMFS
surveys, pursuant to
§ 679.20(a)(5)(iv)(A). The pollock
chapter of the 2019 SAFE report (see
ADDRESSES) contains a comprehensive
description of the apportionment and
reasons for the minor changes from past
apportionments. For purposes of
specifying pollock between two seasons
for the Western and Central Regulatory
Areas of the GOA, NMFS has summed
the A and B season apportionments and
the C and D season apportionments as
calculated in the 2019 GOA pollock
assessment. This yields the seasonal
amounts specified for the A season and
the B season, respectively.
Within any fishing year, the amount
by which a seasonal allowance is
underharvested or overharvested may be
added to, or subtracted from,
subsequent seasonal allowances in a
manner to be determined by the
Regional Administrator
(§ 679.20(a)(5)(iv)(B)). The rollover
amount is limited to 20 percent of the
subsequent seasonal TAC
apportionment for the statistical area.
Any unharvested pollock above the 20percent limit could be further
distributed to the subsequent season in
the other statistical areas, in proportion
to the estimated biomass to the
subsequent season and in an amount no
more than 20 percent of the seasonal
TAC apportionment in those statistical
areas (§ 679.20(a)(5)(iv)(B)). The
proposed 2021 and 2022 pollock TACs
in the WYK District of 5,728 mt and the
SEO District of 10,148 mt are not
allocated by season.
Table 2 lists the proposed 2021 and
2022 area apportionments and seasonal
allowances of pollock in the Western
and Central Regulatory Areas. The
amounts of pollock for processing by the
inshore and offshore components are
not shown. Section 679.20(a)(6)(i)
requires allocation of 100 percent of the
pollock TAC in all regulatory areas and
all seasonal allowances to vessels
catching pollock for processing by the
inshore component after subtraction of
amounts projected by the Regional
Administrator to be caught by, or
delivered to, the offshore component
incidental to directed fishing for other
groundfish species. Thus, the amount of
pollock available for harvest by vessels
harvesting pollock for processing by the
offshore component is the amount that
will be taken as incidental catch during
directed fishing for groundfish species
other than pollock, up to the maximum
retainable amounts allowed by
§ 679.20(e) and (f). At this time, these
incidental catch amounts of pollock are
unknown and will be determined
during the 2021 fishing year during the
course of fishing activities by the
offshore component.
TABLE 2—PROPOSED 2021 AND 2022 DISTRIBUTION OF POLLOCK IN THE CENTRAL AND WESTERN REGULATORY AREAS
OF THE GULF OF ALASKA; AREA APPORTIONMENTS; AND SEASONAL ALLOWANCES OF ANNUAL TAC 1
[Values are rounded to the nearest metric ton]
Shumigan
(Area 610)
khammond on DSKJM1Z7X2PROD with PROPOSALS
Season 2
Chirikof
(Area 620)
Kodiak
(Area 630)
Total 3
A (January 20–May 31) ...................................................................................
B (September 1–November 1) ........................................................................
1,067
18,708
42,260
13,899
8,354
19,074
51,682
51,682
Annual Total .............................................................................................
19,775
56,159
27,429
103,363
1 Area
apportionments and seasonal allowances may not total precisely due to rounding.
established by § 679.23(d)(2)(i) through (ii), the A and B season allowances are available from January 20 through May 31 and September 1 through November 1, respectively. The amounts of pollock for processing by the inshore and offshore components are not shown in
this table.
3 The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not included in the total pollock TACs
shown in this table.
2 As
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Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules
Proposed Annual and Seasonal
Apportionments of Pacific Cod TAC
Pursuant to § 679.20(a)(12)(i), NMFS
proposes allocations for the 2021 and
2022 Pacific cod TACs in the Western
and Central Regulatory Areas of the
GOA among gear and operational
sectors. NMFS also proposes allocating
the 2021 and 2022 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
hook-and-line gear, CVs equal to or
greater than 50 feet in length overall
using hook-and-line gear, catcher/
processors (CPs) using hook-and-line
gear, CVs using trawl gear, CPs 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, CPs using
hook-and-line gear, CVs using trawl
gear, CPs using trawl gear, and vessels
using pot gear (§ 679.20(a)(12)(i)(A)).
The overall seasonal apportionments of
the annual TAC in the Western GOA are
63.84 percent to the A season and 36.16
percent to the B season, and in the
Central GOA are 64.16 percent to the A
season and 35.84 percent 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 fishing year.
Pursuant to § 679.20(a)(12)(i)(A) and
(B), a portion of the annual Pacific cod
TACs in the Western and Central GOA
will be allocated to vessels with a
Federal fisheries permit that use jig gear
before the TACs are apportioned among
other non-jig sectors. In accordance with
the FMP, the annual jig sector
allocations may increase to up to 6
percent of the annual Western and
78083
Central GOA Pacific cod TACs,
depending on the annual performance
of the jig sector (see Table 1 of
Amendment 83 to the FMP for a
detailed discussion of the jig sector
allocation process (76 FR 74670,
December 1, 2011)). Jig sector allocation
increases are established for a minimum
of two years.
NMFS has evaluated the historical
harvest performance of the jig sector in
the Western and Central GOA, and
proposes 2021 and 2022 Pacific cod
apportionments to this sector based on
its historical harvest performance
through 2019. For 2021 and 2022,
NMFS proposes that the jig sector
receive 3.5 percent of the annual Pacific
cod TAC in the Western GOA. This
includes a base allocation of 1.5 percent
and an additional performance increase
of 2.0 percent. NMFS also proposes that
the jig sector receive 1.0 percent of the
annual Pacific cod TAC in the Central
GOA. This includes a base allocation of
1.0 percent and no additional
performance increase. The 2014 through
2019 Pacific cod jig allocations, catch,
and percent allocation changes are
listed in Figure 1.
FIGURE 1—SUMMARY OF WESTERN GOA AND CENTRAL GOA PACIFIC COD CATCH BY JIG GEAR IN 2014 THROUGH
2019, AND CORRESPONDING PERCENT ALLOCATION CHANGES
Area
Western GOA ......
Central GOA ........
khammond on DSKJM1Z7X2PROD with PROPOSALS
Initial percent
of TAC
Year
2014
2015
2016
2017
2018
2019
2014
2015
2016
2017
2018
2019
2.5
3.5
3.5
2.5
1.5
2.5
2.0
1.0
1.0
1.0
1.0
1.0
For 2021 and 2022, NMFS proposes
apportioning the jig sector allocations
for the Western and Central GOA
between the A season (60 percent) and
the B season (40 percent). This is the
same jig sector seasonal apportionments
implemented in prior groundfish
harvest specifications for the GOA and
is consistent with Amendment 83 to the
FMP (76 FR 44700; July 26, 2011).
NMFS will not evaluate the 2020
performance of the jig sectors in the
Western and Central GOA: Since NMFS
prohibited directed fishing for all
Pacific cod sectors in 2020, the catch for
the jig sectors will not reach 90 percent
of the initial allocation required for a
performance increase (84 FR 70438,
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Initial TAC
allocation
Percent of
initial
allocation
Catch
(mt)
573
948
992
635
125
134
797
460
370
331
61
58
785
55
52
49
121
134
262
355
267
18
0
30
December 23, 2019). As discussed
earlier in this preamble, the directed
fishing prohibition was issued pursuant
to § 679.20(d)(4) and required because
the 2019 biological assessment of stock
condition for Pacific cod in the GOA
projected that the spawning biomass in
the GOA would be below 20 percent of
the projected unfished spawning
biomass during 2020.
As discussed earlier in this preamble,
NMFS published a final rule (85 FR
38093, June 25, 2020) to implement
Amendment 109 to the FMP. With
respect to Pacific cod, Amendment 109
revised the Pacific cod TAC seasonal
apportionments to the trawl CV sector
by increasing the A season allocation
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>90% of initial
allocation?
137
6
5
8
97
100
33
77
72
6
0
52
Y
N
N
N
Y
Y
N
N
N
N
N
N
Change to percent
allocation
Increase 1%.
None.
Decrease 1%.
Decrease 1%.
Increase 1%.
Increase 1%.
Decrease 1%.
None.
None.
None.
None.
None.
and decreasing the B season allocation,
with the intent of decreasing the annual
underharvest of Pacific cod by this
sector. NMFS is incorporating the
revised seasonal apportionments to
trawl CVs between the A and B seasons
in accordance with regulatory changes
made under Amendment 109. The A
season apportionment for trawl CVs has
increased to 31.54 percent and 25.29
percent in the Western and Central
Regulatory Areas of the GOA,
respectively. The B season
apportionment for trawl CVs has
decreased to 6.86 percent and 16.29
percent in the Western and Central
Regulatory Areas of the GOA,
respectively. The seasonal allowances of
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the trawl CV sector’s annual TAC limit
in the Western and Central Regulatory
Area of the GOA are revised to reflect
the revised seasonal apportionments.
Table 3 lists these revisions in the trawl
CV seasonal apportionments and sets
forth the seasonal apportionments and
allocations of the proposed 2021 and
2022 Pacific cod TACs.
TABLE 3—PROPOSED 2021 AND 2022 SEASONAL APPORTIONMENTS AND ALLOCATIONS OF PACIFIC COD TAC AMOUNTS
IN THE GOA; ALLOCATIONS IN THE WESTERN GOA AND CENTRAL GOA SECTORS, AND THE EASTERN GOA INSHORE
AND OFFSHORE PROCESSING COMPONENTS
[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)
Western GOA:
Jig (3.5% of TAC) .........................................................
Hook-and-line CV .........................................................
Hook-and-line CP .........................................................
Trawl CV .......................................................................
Trawl CP .......................................................................
Pot CV and Pot CP ......................................................
73
28
397
769
48
761
N/A
0.70
10.90
31.54
0.90
19.80
44
14
218
632
18
397
N/A
0.70
8.90
6.86
1.50
18.20
29
14
178
137
30
365
Total .......................................................................
2,076
63.84
1,323
36.16
753
Central GOA:
Jig (1.0% of TAC) .........................................................
Hook-and-line <50 CV ..................................................
Hook-and-line ≥50 CV ..................................................
Hook-and-line CP .........................................................
Trawl CV 1 .....................................................................
Trawl CP .......................................................................
Pot CV and Pot CP ......................................................
38
550
253
192
1,567
158
1,048
N/A
9.32
5.61
4.11
25.29
2.00
17.83
23
351
211
155
953
75
672
N/A
5.29
1.10
1.00
16.29
2.19
9.97
15
199
41
38
614
83
376
Total .......................................................................
3,806
64.16
2,440
35.84
1,366
Eastern GOA ........................................................................
........................
Inshore (90% of Annual TAC)
Offshore (10% of Annual TAC)
494
55
549
1 Trawl
khammond on DSKJM1Z7X2PROD with PROPOSALS
catcher vessels participating in Rockfish Program cooperatives receive 3.81 percent, or 145 mt, of the annual Central GOA Pacific cod
TAC (see Table 28c to 50 CFR part 679). This apportionment is deducted from the Trawl CV B season allowance (see Table 8: Apportionments
of Rockfish Secondary Species in the Central GOA and Table 28c to 50 CFR part 679).
Proposed Allocations of the Sablefish
TAC Amounts to Vessels Using Fixed
Gear and Trawl Gear
Section 679.20(a)(4)(i) and (ii)
requires allocations of sablefish TACs
for each of the regulatory areas and
districts to fixed and trawl gear. In the
Western and Central Regulatory Areas,
80 percent of each TAC is allocated to
fixed gear, and 20 percent of each TAC
is allocated to trawl gear. In the Eastern
Regulatory Area, 95 percent of the TAC
is allocated to fixed gear, and 5 percent
is allocated to trawl gear. The trawl gear
allocation in the Eastern Regulatory
Area may be used only to support
incidental catch of sablefish while
directed fishing for other target species
using trawl gear (§ 679.20(a)(4)(i)).
In recognition of the prohibition
against trawl gear in the SEO District of
the Eastern Regulatory Area, the Council
recommended and NMFS proposes
specifying for incidental catch the
allocation of 5 percent of the combined
Eastern Regulatory Area sablefish TAC
to trawl gear in the WYK District of the
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Eastern Regulatory Area. The remainder
of the WYK District sablefish TAC is
allocated to vessels using fixed gear.
This proposed action allocates 100
percent of the sablefish TAC in the SEO
District to vessels using fixed gear. This
results in a proposed 2021 allocation of
464 mt to trawl gear and 2,859 mt to
fixed gear in the WYK District, a
proposed 2022 allocation of 5,963 mt to
fixed gear in the SEO District, and a
proposed 2022 allocation of 464 mt to
trawl gear in the WYK District. Table 4
lists the allocations of the proposed
2021 sablefish TACs to fixed and trawl
gear. Table 5 lists the allocations of the
proposed 2022 sablefish TACs to trawl
gear.
The Council recommended that the
trawl sablefish TAC be established for
two years so that retention of incidental
catch of sablefish by trawl gear could
commence in January in the second year
of the groundfish harvest specifications.
Tables 4 and 5 list the proposed 2021
and 2022 trawl allocations, respectively.
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The Council also recommended that
the fixed gear sablefish TAC be
established annually to ensure that the
sablefish IFQ fishery is conducted
concurrently with the halibut IFQ
fishery and is based on the most recent
survey information. Since there is an
annual assessment for sablefish and
since the final harvest specifications are
expected to be published before the IFQ
season begins (typically, in early
March), the Council recommended that
the fixed gear sablefish TAC be set
annually, rather than for 2 years, so that
the best available scientific information
could be considered in establishing the
sablefish ABCs and TACs. Accordingly,
Table 4 lists the proposed 2021 fixed
gear allocations, and the 2022 fixed gear
allocations will be specified in the 2022
and 2023 harvest specifications.
With the exception of the trawl
allocations that are provided to the
Rockfish Program (see Table 28c to 50
CFR part 679), directed fishing for
sablefish with trawl gear is closed
during the fishing year. Also, fishing for
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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 2022 and 2023 harvest
specifications.
TABLE 4—PROPOSED 2021 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
allocation
Western ........................................................................................................................................
Central 1 .......................................................................................................................................
West Yakutat 2 .............................................................................................................................
Southeast Outside .......................................................................................................................
3,003
9,963
3,323
5,963
2,402
7,970
2,859
5,963
601
1,993
464
0
Total ......................................................................................................................................
22,252
19,195
3,058
1 The
trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the Rockfish Program cooperatives (1,025 mt). See
Table 8: Apportionments of Rockfish Secondary Species in the Central GOA. This results in 968 mt being available for the non-Rockfish Program
trawl fisheries.
2 The proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West Yakutat and Southeast Outside Districts combined) sablefish TAC to trawl gear in the West Yakutat District.
TABLE 5—PROPOSED 2022 SABLEFISH TAC AMOUNTS IN THE GULF OF ALASKA AND ALLOCATION TO TRAWL GEAR 1
[Values are rounded to the nearest metric ton]
Area/district
Fixed gear
allocation
TAC
Trawl
allocation
Western ........................................................................................................................................
Central 2 .......................................................................................................................................
West Yakutat 3 .............................................................................................................................
Southeast Outside .......................................................................................................................
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 harvest specifications for the fixed gear sablefish Individual Fishing Quota fisheries be limited to 1 year.
trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the Rockfish Program cooperatives (1,025 mt). See
Table 8: 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 proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West Yakutat and Southeast Outside Districts combined) sablefish TAC to trawl gear in the West Yakutat District.
khammond on DSKJM1Z7X2PROD with PROPOSALS
2 The
Proposed Allocations, Apportionments,
and Sideboard Limitations for the
Rockfish Program
These proposed 2021 and 2022
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 CPs, with limited
participation by vessels using longline
gear. The Rockfish Program assigns
quota share and cooperative quota to
trawl participants for primary species
(Pacific ocean perch, northern rockfish,
and dusky rockfish) and secondary
species (Pacific cod, rougheye rockfish,
sablefish, shortraker rockfish, and
thornyhead rockfish), allows a
participant holding a license limitation
program (LLP) license with rockfish
quota share to form a rockfish
cooperative with other persons, and
allows holders of CP LLP licenses to opt
out of the fishery. The Rockfish Program
also has an entry level fishery for
rockfish primary species for vessels
using longline gear. Longline gear
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includes hook-and-line, jig, troll, and
handline gear.
Under the Rockfish Program, rockfish
primary species in the Central GOA are
allocated to participants after deducting
for incidental catch needs in other
directed fisheries (§ 679.81(a)(2)).
Participants in the Rockfish Program
also receive a portion of the Central
GOA TAC of specific secondary species.
In addition to groundfish species, the
Rockfish Program allocates a portion of
the halibut PSC limit (191 mt) from the
third season deep-water species fishery
allowance for the GOA trawl fisheries to
Rockfish Program participants
(§ 679.81(d) and Table 28d to 50 CFR
part 679). The Rockfish Program also
establishes sideboard limits to restrict
the ability of harvesters 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.’’
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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 2021 and 2022. The allocation
for the entry level longline fishery may
increase incrementally each year if the
catch exceeds 90 percent of the
allocation of a species. The incremental
increase in the allocation would
continue each year until it reaches the
maximum percentage of the TAC for
that species. In 2020, the catch for all
three primary species did not exceed 90
percent of any allocated rockfish
species. Therefore, NMFS is not
proposing any increases to the entry
level longline fishery 2021 and 2022
allocations in the Central GOA. The
remainder of the TACs for the rockfish
primary species, after subtracting the
incidental catch amounts (ICAs), would
be allocated to the CV and CP
cooperatives (§ 679.81(a)(2)(iii)). Table 6
lists the allocations of the proposed
2021 and 2022 TACs for each rockfish
primary species to the entry level
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longline fishery, the potential
incremental increases for future years,
and the maximum percentages of the
TACs for the entry level longline
fishery.
TABLE 6—PROPOSED 2021 AND 2022 ALLOCATIONS OF ROCKFISH PRIMARY SPECIES TO THE ENTRY LEVEL LONGLINE
FISHERY IN THE CENTRAL GULF OF ALASKA
Proposed
2021 and
2022
allocations
[metric tons]
Rockfish primary species
Pacific ocean perch .....................................................................................................................
Northern rockfish .........................................................................................................................
Dusky rockfish .............................................................................................................................
Section 679.81 requires allocations of
rockfish primary species among various
sectors of the Rockfish Program. Table 7
lists the proposed 2021 and 2022
allocations of rockfish primary species
in the Central GOA to the entry level
longline fishery, and rockfish CV and
CP cooperatives in the Rockfish
Program. NMFS also proposes setting
aside incidental catch amounts (ICAs)
for other directed fisheries in the
Central GOA of 3,000 mt of Pacific
ocean perch, 300 mt of northern
rockfish, and 250 mt of dusky rockfish.
These amounts are based on recent
average incidental catches in the Central
GOA by other groundfish fisheries.
Allocations among vessels belonging
to CV or CP cooperatives are not
included in these proposed harvest
specifications. Rockfish Program
applications for CV cooperatives and CP
cooperatives are not due to NMFS until
March 1 of each calendar year;
5
5
50
Incremental
increase in
2022 if >90
percent of
2021
allocation is
harvested
[metric tons]
Up to
maximum
percent of
each TAC of:
5
5
20
1
2
5
therefore, NMFS cannot calculate 2021
and 2022 allocations in conjunction
with these proposed harvest
specifications. NMFS will post the 2021
allocations on the Alaska Region
website at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/alaska-fisheriesmanagement-reports#central-goarockfish when they become available
after March 1.
TABLE 7—PROPOSED 2021 AND 2022 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]
Incidental
catch
allowance
(ICA)
Central GOA
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
gear includes hook-and-line, jig, troll, and handline gear (§ 679.2).
2 Rockfish cooperatives include vessels in CV and CP cooperatives (§ 679.81).
Section 679.81(c) and Table 28c to 50
CFR part 679 requires allocations of
rockfish secondary species to CV and CP
cooperatives in the Central GOA. CV
cooperatives receive allocations of
Pacific cod, sablefish from the trawl gear
allocation, and thornyhead rockfish. CP
cooperatives receive allocations of
sablefish from the trawl gear allocation,
rougheye and blackspotted rockfish,
shortraker rockfish, and thornyhead
rockfish. Table 8 lists the
apportionments of the proposed 2021
and 2022 TACs of rockfish secondary
species in the Central GOA to CV and
CP cooperatives.
TABLE 8—PROPOSED 2021 AND 2022 APPORTIONMENTS OF ROCKFISH SECONDARY SPECIES IN THE CENTRAL GOA TO
CATCHER VESSEL AND CATCHER/PROCESSOR COOPERATIVES
khammond on DSKJM1Z7X2PROD with PROPOSALS
[Values are in metric tons]
Catcher vessel cooperatives
Central GOA
annual TAC
Rockfish secondary species
Pacific cod ............................................................................
Sablefish ..............................................................................
Shortraker rockfish ...............................................................
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Percentage of
TAC
Apportionment
(mt)
Percentage of
TAC
Apportionment
(mt)
3.81
6.78
0.0
145
675
0
0.0
3.51
40.00
0
350
114
3,806
9,963
284
Fmt 4702
Catcher/processor
cooperatives
Sfmt 4702
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78087
TABLE 8—PROPOSED 2021 AND 2022 APPORTIONMENTS OF ROCKFISH SECONDARY SPECIES IN THE CENTRAL GOA TO
CATCHER VESSEL AND CATCHER/PROCESSOR COOPERATIVES—Continued
[Values are in metric tons]
Catcher vessel cooperatives
Central GOA
annual TAC
Rockfish secondary species
Rougheye and blackspotted rockfish ...................................
Thornyhead rockfish ............................................................
khammond on DSKJM1Z7X2PROD with PROPOSALS
Halibut PSC Limits
Section 679.21(d) establishes annual
halibut PSC limit apportionments to
trawl and hook-and-line gear, and
authorizes the establishment of
apportionments for pot gear. In October
2020, the Council recommended, and
NMFS proposes, halibut PSC limits of
1,706 mt for trawl gear, 257 mt for hookand-line gear, and 9 mt for the demersal
shelf rockfish (DSR) fishery in the SEO
District for both 2021 and 2022.
The DSR fishery in the SEO District
is defined at § 679.21(d)(2)(ii)(A). This
fishery is apportioned 9 mt of the
halibut PSC limit in recognition of its
small-scale harvests of groundfish
(§ 679.21(d)(2)(i)(A)). The separate
halibut PSC limit for the DSR fishery is
intended to prevent that fishery from
being impacted from the halibut PSC
incurred by other GOA fisheries. NMFS
estimates low halibut bycatch in the
DSR fishery because (1) the duration of
the DSR fisheries and the gear soak
times are short, (2) the DSR fishery
occurs in the winter when there is less
overlap in the distribution of DSR and
halibut, and (3) the directed commercial
DSR fishery has a low DSR TAC. The
Alaska Department of Fish and Game
sets the commercial GHL for the DSR
fishery after deducting (1) estimates of
DSR incidental catch in all fisheries
(including halibut and subsistence); and
(2) the allocation to the DSR sport fish
fishery. In 2020, the commercial fishery
for DSR was closed due to concerns
about declining DSR biomass.
The FMP authorizes the Council to
exempt specific gear from the halibut
PSC limits. NMFS, after consultation
with the Council, proposes to exempt
pot gear, jig gear, and the sablefish IFQ
hook-and-line gear fishery categories
from the non-trawl halibut PSC limit for
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Percentage of
TAC
Apportionment
(mt)
Percentage of
TAC
Apportionment
(mt)
0.0
7.84
0
71
58.87
26.50
268
241
455
911
2021 and 2022. The Council
recommended, and NMFS is proposing,
these exemptions because (1) pot gear
fisheries have low annual halibut
bycatch mortality; (2) IFQ program
regulations prohibit discard of halibut if
any halibut IFQ permit holder on board
a CV holds unused halibut IFQ for that
vessel category and the IFQ regulatory
area in which the vessel is operating
(§ 679.7(f)(11)); (3) some sablefish IFQ
permit holders hold halibut IFQ permits
and are therefore required to retain the
halibut they catch while fishing
sablefish IFQ; and (4) NMFS estimates
negligible halibut mortality for the jig
gear fisheries given the small amount of
groundfish harvested by jig gear, the
selective nature of jig gear, and the high
survival rates of halibut caught and
released with jig gear.
The best available information on
estimated halibut bycatch consists of
data collected by fisheries observers
during 2020. The calculated halibut
bycatch mortality through October 24,
2020 is 756 mt for trawl gear and 2 mt
for hook-and-line gear, for a total halibut
mortality of 758 mt. This halibut
mortality was calculated using
groundfish and IFQ 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 and IFQ halibut
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
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cooperatives
Sfmt 4702
distribution of target groundfish species
relative to halibut distribution, (3)
expected halibut bycatch needs on a
seasonal basis relative to changes in
halibut biomass and expected catch of
target groundfish species, (4) expected
bycatch rates on a seasonal basis, (5)
expected changes in directed groundfish
fishing seasons, (6) expected actual start
of fishing effort, and (7) economic
effects of establishing seasonal halibut
allocations on segments of the target
groundfish industry. Based on public
comment, information presented in the
2019 SAFE report, NMFS catch data,
State catch data, or International Pacific
Halibut Commission (IPHC) stock
assessment and mortality data, the
Council may recommend or NMFS may
make changes to the seasonal, gear-type,
or fishery category apportionments of
halibut PSC limits for the final 2021 and
2022 harvest specifications pursuant to
§ 679.21(d)(1) and (d)(4).
The final 2020 and 2021 harvest
specifications (85 FR 13802, March 10,
2020) summarized the Council’s and
NMFS’s findings for these FMP and
regulatory considerations with respect
to halibut PSC limits. The Council’s and
NMFS’s proposed findings for these
proposed 2021 and 2022 harvest
specifications are unchanged from the
final 2020 and 2021 harvest
specifications. Table 9 lists the
proposed 2021 and 2022 Pacific halibut
PSC limits, allowances, and
apportionments. The halibut PSC limits
in these tables reflect the halibut PSC
limits set forth at § 679.21(d)(2) and (3).
Section 679.21(d)(4)(iii) and (iv)
specifies that any underages or overages
of a seasonal apportionment of a halibut
PSC limit will be added to or deducted
from the next respective seasonal
apportionment within the fishing year.
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TABLE 9—PROPOSED 2021 AND 2022 PACIFIC HALIBUT 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
Percent
Amount
January 20–April 1 ..............
30.5
519
January 1–June 10 ............
86
221
April 1–July 1 ......................
July 1–August 1 ..................
August 1–October 1 ............
October 1–December 31 ....
20
27
7.5
15
341
462
128
256
June 10–September 1 ........
September 1–December 31
2
12
5
31
Total .............................
................
1,706
.............................................
................
257
Season
Amount
January 1–December
31.
9
....................................
9
1 The
Pacific halibut prohibited species catch (PSC) limit for hook-and-line gear is allocated to the demersal shelf rockfish (DSR) fishery in the
SEO District and to hook-and-line fisheries other than the DSR fishery. The Council recommended and NMFS proposes that the hook-and-line
sablefish fishery, and the pot and jig gear groundfish fisheries, be exempt from halibut PSC limits.
Section 679.21(d)(3)(ii) authorizes
further apportionment of the trawl
halibut PSC limit as bycatch allowances
to trawl fishery categories listed in
§ 679.21(d)(3)(iii). The annual
apportionments are based on each
category’s share of the anticipated
halibut bycatch mortality during a
fishing year and optimization of the
total amount of groundfish harvest
under the halibut PSC limit. The fishery
categories for the trawl halibut PSC
limits are (1) a deep-water species
fishery, composed of sablefish, rockfish,
deep-water flatfish, rex sole, and
arrowtooth flounder; and (2) a shallowwater species fishery, composed of
pollock, Pacific cod, shallow-water
flatfish, flathead sole, Atka mackerel,
skates, and ‘‘other species’’ (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 in
part of the second season deep-water
and shallow-water species fisheries for
use in either fishery from May 15
through June 30 (§ 679.21(d)(4)(iii)(D)).
This is intended to maintain groundfish
harvest while minimizing halibut
bycatch by these sectors to the extent
practicable. This provides the trawl gear
deep-water and shallow-water species
fisheries additional flexibility and the
incentive to participate in fisheries at
times of the year that may have lower
halibut PSC rates relative to other times
of the year.
Table 10 lists the proposed 2021 and
2022 seasonal apportionments of trawl
halibut PSC limits between the trawl
gear deep-water and the shallow-water
species fisheries.
Table 28d to 50 CFR part 679 specifies
the amount of the trawl halibut PSC
limit that is assigned to the CV and CP
sectors that are participating in the
Central GOA Rockfish Program. This
includes 117 mt of halibut PSC limit to
the CV sector and 74 mt of halibut PSC
limit to the CP sector. These amounts
are allocated from the trawl deep-water
species fishery’s halibut PSC third
seasonal apportionment. After the
combined CV and CP 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 for the last seasonal
apportionment 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 10—PROPOSED 2021 AND 2022 APPORTIONMENT OF THE PACIFIC HALIBUT PSC LIMITS BETWEEN THE TRAWL
GEAR SHALLOW-WATER AND DEEP-WATER SPECIES FISHERY CATEGORIES
khammond on DSKJM1Z7X2PROD with PROPOSALS
[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
........................
519
341
462
128
1,450
256
Total ......................................................................................................................................
........................
........................
1,706
1 Vessels
Total
participating in cooperatives in the Rockfish Program will receive 191 mt of the third season (July 1 through August 1) deep-water
species fishery halibut PSC apportionment.
2 There is no apportionment between trawl shallow-water and deep-water species fisheries during the fifth season (October 1 through December 31).
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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 CPs 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 CP 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 CP
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 2021 and 2022,
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 CP
hook-and-line sectors. Additionally, the
annual halibut PSC limits for both the
CV and CP sectors of the ‘‘other hookand-line fishery’’ are divided into three
seasonal apportionments, using seasonal
78089
percentages of 86 percent, 2 percent,
and 12 percent.
For 2021 and 2022, NMFS proposes
annual halibut PSC limits of 144 mt and
113 mt to the hook-and-line CV and
hook-and-line CP sectors, respectively.
Table 11 lists the proposed 2021 and
2022 apportionments of halibut PSC
limits between the hook-and-line CV
and the hook-and-line CP 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 CP 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 11—PROPOSED 2021 AND 2022 APPORTIONMENTS OF THE ‘‘OTHER HOOK-AND-LINE FISHERIES’’ ANNUAL HALIBUT
PSC ALLOWANCE BETWEEN THE HOOK-AND-LINE GEAR CATCHER VESSEL AND CATCHER/PROCESSOR SECTORS
khammond on DSKJM1Z7X2PROD with PROPOSALS
[Values are in metric tons]
Sector annual
amount
‘‘Other than DSR’’ allowance
Hook-and-line sector
257 .........................................
Catcher Vessel .....................
144
Catcher/Processor ................
113
Halibut Discard Mortality Rates
To monitor halibut bycatch mortality
allowances and apportionments, the
Regional Administrator uses observed
halibut incidental catch rates, halibut
discard mortality rates (DMRs), and
estimates of groundfish catch to project
when a fishery’s halibut bycatch
mortality allowance or seasonal
apportionment is reached. Halibut
incidental catch rates are based on
observers’ estimates of halibut
incidental catch in the groundfish
fishery. DMRs are estimates of the
proportion of incidentally caught
halibut that do not survive after being
returned to the sea. The cumulative
halibut mortality that accrues to a
particular halibut PSC limit is the
product of a DMR multiplied by the
estimated halibut PSC. DMRs are
estimated using the best scientific
information available in conjunction
with the annual GOA stock assessment
process. The DMR methodology and
findings are included as an appendix to
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January 1–June 10 ...............
June 10–September 1 ..........
September 1–December 31
January 1–June 10 ...............
June 10–September 1 ..........
September 1–December 31
the annual GOA groundfish SAFE
report.
In 2016, the DMR estimation
methodology underwent revisions per
the Council’s directive. An interagency
halibut working group (IPHC, Council,
and NMFS staff) developed improved
estimation methods that have
undergone review by the Plan Team, the
SSC, and the Council. A summary of the
revised methodology is contained in the
GOA proposed 2017 and 2018 harvest
specifications (81 FR 87881, December
6, 2016), and the comprehensive
discussion of the working group’s
statistical methodology is available from
the Council (see ADDRESSES). The DMR
working group’s revised methodology is
intended to improve estimation
accuracy, transparency, and
transferability 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
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Seasonal
percentage
Season
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86
2
12
86
2
12
Sector
seasonal
amount
124
3
17
97
2
14
data used for calculating the DMRs).
Future DMRs may change based on
additional years of observer sampling,
which could provide more recent and
accurate data and which could improve
the accuracy of estimation and progress
on methodology. The methodology will
continue to ensure that NMFS is using
DMRs that more accurately reflect
halibut mortality, which will inform the
different sectors of their estimated
halibut mortality and allow specific
sectors to respond with methods that
could reduce mortality and, eventually,
the DMR for that sector.
In October 2020, the Council
recommended halibut DMRs derived
from the revised methodology for the
proposed 2021 and 2022 DMRs. The
proposed 2021 and 2022 DMRs use an
updated two-year reference period.
Comparing the proposed 2021 and 2022
DMRs to the final DMRs from the final
2020 and 2021 harvest specifications,
the proposed DMR for Rockfish Program
CVs using non-pelagic trawl gear
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Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules
increased to 60 percent from 52 percent,
the proposed DMR for non-Rockfish
Program C/Vs using non-pelagic trawl
gear increased to 69 percent from 68
percent, the proposed DMR for CPs and
proposed DMR for CPs and CVs using
pot gear increased to 10 percent from 0
percent. Table 12 lists the proposed
2021 and 2022 DMRs.
motherships using non-pelagic trawl
gear increased to 84 percent from 75
percent, the proposed DMR for CPs
using hook-and-line gear increased to 15
percent from 11 percent, and the
TABLE 12—PROPOSED 2021 AND 2022 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 PROPOSALS
Chinook Salmon Prohibited Species
Catch Limits
Section 679.21(h)(2) establishes
separate Chinook salmon PSC limits in
the Western and Central regulatory areas
of the GOA in the trawl pollock directed
fishery. These limits require that NMFS
close directed fishing for pollock in the
Western and Central GOA if the
applicable Chinook salmon PSC limit is
reached (§ 679.21(h)(8)). The annual
Chinook salmon PSC limits in the trawl
pollock directed fishery of 6,684 salmon
in the Western GOA and 18,316 salmon
in the Central GOA are set in
§ 679.21(h)(2)(i) and (ii).
Section 679.21(h)(3) established an
initial annual PSC limit of 7,500
Chinook salmon for the non-pollock
groundfish trawl fisheries in the
Western and Central GOA. This limit is
apportioned among three sectors
directed fishing for groundfish species
other than pollock: 3,600 Chinook
salmon to trawl CPs; 1,200 Chinook
salmon to trawl CVs participating in the
Rockfish Program; and 2,700 Chinook
salmon to trawl CVs not participating in
the Rockfish Program (§ 679.21(h)(4)).
NMFS will monitor the Chinook salmon
PSC in the trawl non-pollock GOA
groundfish fisheries and close an
applicable sector if it reaches its
Chinook salmon PSC limit.
The Chinook salmon PSC limit for
two sectors, trawl CPs and trawl CVs not
participating in the Rockfish Program,
may be increased in subsequent years
based on the performance of these two
sectors and their ability to minimize
their use of their respective Chinook
salmon PSC limits. If either or both of
these two sectors limit its use of
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Chinook salmon PSC to a certain
threshold amount in 2020 (3,120 for
trawl CPs and 2,340 for non-Rockfish
Program trawl CVs), that sector will
receive an increase to its 2021 Chinook
salmon PSC limit (4,080 for trawl CPs
and 3,060 for non-Rockfish Program
trawl CVs) (§ 679.21(h)(4)). NMFS will
evaluate the annual Chinook salmon
PSC by trawl CPs and non-Rockfish
Program trawl CVs when the 2020
fishing year is complete to determine
whether to increase the Chinook salmon
PSC limits for these two sectors. Based
on preliminary 2020 Chinook salmon
PSC data, the trawl CP sector may
receive an incremental increase of
Chinook salmon PSC limit in 2021, and
the non-Rockfish Program trawl CV
sector may receive an incremental
increase of Chinook salmon PSC limit in
2021. This evaluation will be completed
in conjunction with the final 2021 and
2022 harvest specifications.
American Fisheries Act (AFA) Catcher/
Processor and Catcher Vessel
Groundfish Harvest and PSC Limits
Section 679.64 establishes groundfish
harvesting and processing sideboard
limits on AFA CPs 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 CPs and CPs
designated on a listed AFA CP permit
from harvesting any species of fish in
the GOA. Additionally, § 679.7(k)(1)(iv)
prohibits listed AFA CPs and CPs
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Halibut discard
mortality rate
(percent)
100
100
60
69
84
15
13
10
designated on a listed AFA CP permit
from processing any pollock harvested
in a directed pollock fishery in the GOA
and any groundfish harvested in
Statistical Area 630 of the GOA.
AFA CVs that are less than 125 feet
(38.1 meters) length overall, have
annual landings of pollock in the Bering
Sea and Aleutian Islands of less than
5,100 mt, and have made at least 40
landings of GOA groundfish from 1995
through 1997 are exempt from GOA CV
groundfish sideboard limits under
§ 679.64(b)(2)(ii). Sideboard limits for
non-exempt AFA CVs in the GOA are
based on their traditional harvest levels
of TAC in groundfish fisheries covered
by the FMP. Section 679.64(b)(3)(iv)
establishes the CV groundfish sideboard
limits in the GOA based on the
aggregate retained catch by non-exempt
AFA CVs of each sideboard species from
1995 through 1997 divided by the TAC
for that species over the same period.
NMFS published a final rule (84 FR
2723, February 8, 2019) that
implemented regulations to prohibit
non-exempt AFA CVs from directed
fishing for specific groundfish species or
species groups subject to sideboard
limits (§ 679.20(d)(1)(iv)(D) and Table
56 to 50 CFR part 679). Sideboard limits
not subject to the final rule continue to
be calculated and included in the GOA
annual harvest specifications.
Table 13 lists the proposed 2021 and
2022 groundfish sideboard limits for
non-exempt AFA CVs. NMFS will
deduct all targeted or incidental catch of
sideboard species made by non-exempt
AFA CVs from the sideboard limits
listed in Table 13.
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Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules
78091
TABLE 13—PROPOSED 2021 AND 2022 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–May 31 ....................
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 ...............................
B Season; September 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
Northern rockfish .......
Annual ..........................................................
..........................................................
..........................................................
..........................................................
..........................................................
Ratio of 1995–
1997 non-exempt AFA CV
catch to 1995–
1997 TAC
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
Proposed
2021 and
2022 TACs 3
1,067
42,260
8,354
18,708
13,899
19,074
5,728
10,148
1,323
2,440
753
1,366
13,250
28,205
1,914
3,787
8,912
66,683
15,400
22,727
5,877
3,027
Proposed
2021 and
2022 non-exempt AFA CV
sideboard limit
645
4,932
1,694
11,313
1,622
3,868
2,002
3,547
176
169
100
95
207
1,656
124
48
342
1,867
328
1,700
274
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
(§ 679.64(b)(4)(ii)). Table 14 lists the
proposed 2021 and 2022 non-exempt
AFA CV halibut PSC limits for vessels
using trawl gear in the GOA.
TABLE 14—PROPOSED 2021 AND 2022 NON-EXEMPT AFA CV HALIBUT PSC SIDEBOARD LIMITS FOR VESSELS USING
TRAWL GEAR IN THE GOA
khammond on DSKJM1Z7X2PROD with PROPOSALS
[PSC limits are rounded to the nearest metric ton]
Ratio of 1995–
1997 nonexempt AFA
CV retained
catch to total
retained catch
Proposed
2021 and
2022 PSC limit
Proposed
2021 and
2022 nonexempt AFA
CV PSC limit
Season
Season dates
Fishery
category
1 ..........................
January 20–April 1 .........................
2 ..........................
April 1–July 1 .................................
3 ..........................
July 1–August 1 .............................
4 ..........................
August 1–October 1 .......................
5 ..........................
October 1–December 31 ...............
shallow-water .................................
deep-water .....................................
shallow-water .................................
deep-water .....................................
shallow-water .................................
deep-water .....................................
shallow-water .................................
deep-water .....................................
all targets .......................................
0.340
0.070
0.340
0.070
0.340
0.070
0.340
0.070
0.205
384
135
85
256
121
341
53
75
256
131
9
29
18
41
24
18
5
52
Total shallow-water ........................
........................
........................
219
Total deep-water ............................
........................
........................
56
1,706
328
Annual
........................................................
........................................................
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Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules
Non-AFA Crab Vessel Groundfish
Harvest Limitations
Section 680.22 establishes groundfish
sideboard limits for vessels with a
history of participation in the Bering
Sea snow crab fishery to prevent these
vessels from using the increased
flexibility provided by the Crab
Rationalization (CR) Program to expand
their level of participation in the GOA
groundfish fisheries. Sideboard harvest
limits restrict these vessels’ catch to
their collective historical landings in
each GOA groundfish fishery (except
the fixed-gear sablefish fishery).
Sideboard limits also apply to landings
made using an LLP license derived from
the history of a restricted vessel, even if
that LLP license is used on another
vessel.
The basis for these sideboard harvest
limits is described in detail in the final
rules implementing the major
provisions of the CR Program, including
Amendments 18 and 19 to the Fishery
Management Plan for Bering Sea/
Aleutian Islands King and Tanner Crabs
(Crab FMP) (70 FR 10174, March 2,
2005), Amendment 34 to the Crab FMP
(76 FR 35772, June 20, 2011),
Amendment 83 to the GOA FMP (76 FR
74670, December 1, 2011), and
Amendment 45 to the Crab FMP (80 FR
28539, May 19, 2015). Also, NMFS
published a final rule (84 FR 2723,
February 8, 2019) that implemented
regulations to prohibit non-AFA crab
vessels from directed fishing for all
groundfish species or species groups
subject to sideboard limits, except for
Pacific cod apportioned to CVs using
pot gear in the Western and Central
Regulatory Areas (§ 680.22(e)(1)(iii)).
Accordingly, the GOA annual harvest
specifications will include only the nonAFA crab vessel groundfish sideboard
limits for Pacific cod apportioned to
CVs using pot gear in the Western and
Central Regulatory Areas.
Table 15 lists the proposed 2021 and
2022 groundfish sideboard limits for
non-AFA crab vessel. All targeted or
incidental catch of sideboard species
made by non-AFA crab vessels or
associated LLP licenses will be
deducted from these sideboard limits.
TABLE 15—PROPOSED 2021 AND 2022 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 .....................
Rockfish Program Groundfish Sideboard
and Halibut PSC Limitations
The Rockfish Program establishes
three classes of sideboard provisions:
CV groundfish sideboard restrictions,
CP rockfish sideboard restrictions, and
CP opt-out vessel sideboard restrictions
(§ 679.82(c)(1)). These sideboards are
intended to limit the ability of rockfish
harvesters to expand into other
fisheries.
CVs participating in the Rockfish
Program may not participate in directed
fishing for dusky rockfish, Pacific ocean
perch, and northern rockfish in the
Western GOA and West Yakutat District
from July 1 through July 31. Also, CVs
may not participate in directed fishing
for arrowtooth flounder, deep-water
flatfish, and rex sole in the GOA from
July 1 through July 31 (§ 679.82(d)).
CPs participating in Rockfish Program
cooperatives are restricted by rockfish
and halibut PSC sideboard limits. These
CPs are prohibited from directed fishing
for dusky rockfish, Pacific ocean perch,
and northern rockfish in the Western
GOA and West Yakutat District from
July 1 through July 31 (§ 679.82(e)(2)).
Holders of CP-designated LLP licenses
that opt out of participating in a
Ratio of 1996–
2000 non-AFA
crab vessel
catch to 1996–
2000 total
harvest
0.0997
0.0474
0.0997
0.0474
Proposed
2021 and
2022 TACs
Proposed
2021 and
2022 non-AFA
crab vessel
sideboard limit
1,323
2,440
753
1,366
132
116
75
65
Rockfish Program cooperative will be
able to access that portion of each
rockfish sideboard limits that is not
assigned to Rockfish Program
cooperatives (§ 679.82(e)(7)). The
sideboard ratio for each rockfish fishery
in the Western GOA and West Yakutat
District is set forth in § 679.82(e)(4).
Table 16 lists the proposed 2021 and
2022 Rockfish Program CP rockfish
sideboard limits in the Western GOA
and West Yakutat District. Due to
confidentiality requirements associated
with fisheries data, the sideboard limits
for the West Yakutat District are not
displayed.
TABLE 16—PROPOSED 2021 AND 2022 ROCKFISH PROGRAM SIDEBOARD LIMITS FOR THE WESTERN GOA AND WEST
YAKUTAT DISTRICT BY FISHERY FOR THE CATCHER/PROCESSOR (CP) SECTOR
khammond on DSKJM1Z7X2PROD with PROPOSALS
[Values are rounded to the nearest metric ton]
Area
Fishery
CP 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
Proposed
2021 and
2022 TACs
759
1,379
1,079
113
1,410
Proposed 2021 and 2022 CP
sideboard 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.
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Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules
Under the Rockfish Program, the CP
sector is subject to halibut PSC
sideboard limits for the trawl deepwater and shallow-water species
fisheries from July 1 through July 31
(§ 679.82(e)(3) and (e)(5)). Halibut PSC
sideboard ratios by fishery are set forth
in § 679.82(e)(5). No halibut PSC
sideboard limits apply to the CV sector,
as vessels participating in a rockfish
cooperative receive a portion of the
annual halibut PSC limit. CPs that opt
out of the Rockfish Program would be
able to access that portion of the deepwater and shallow-water halibut PSC
sideboard limit not assigned to CP
rockfish cooperatives. The sideboard
provisions for CPs 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 CPs have optedout of the Rockfish Program in 2021,
and will know the ratios and amounts
used to calculate opt-out sideboard
ratios. NMFS will then calculate any
applicable opt-out sideboard limits for
2021 and post these limits on the Alaska
Region website at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/alaska-fisheriesmanagement-reports#central-goarockfish. Table 17 lists the proposed
2021 and 2022 Rockfish Program halibut
PSC sideboard limits for the CP sector.
TABLE 17—PROPOSED 2021 AND 2022 ROCKFISH PROGRAM HALIBUT PSC SIDEBOARD LIMITS FOR THE CATCHER/
PROCESSOR SECTOR
[Values are rounded to the nearest metric ton]
Sector
Shallow-water
species fishery
halibut PSC
sideboard ratio
(percent)
Deep-water
species fishery
halibut PSC
sideboard ratio
(percent)
Annual halibut
PSC limit
(mt)
Annual
shallow-water
species fishery
halibut PSC
sideboard limit
(mt)
Annual
deep-water
species fishery
halibut PSC
sideboard limit
(mt)
0.10
2.50
1,706
2
43
Catcher/processor ................................................................
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
CP sector. The Amendment 80 Program
established groundfish and halibut PSC
limits for Amendment 80 Program
participants to limit the ability of
participants eligible for the Amendment
80 Program to expand their harvest
efforts in the GOA.
Section 679.92 establishes groundfish
harvesting sideboard limits on all
Amendment 80 Program vessels, other
than the F/V Golden Fleece, to amounts
no greater than the limits shown in
Table 37 to 50 CFR part 679. Under
§ 679.92(d), the F/V Golden Fleece is
prohibited from directed fishing for
pollock, Pacific cod, Pacific ocean
perch, dusky rockfish, and northern
rockfish in the GOA.
Groundfish sideboard limits for
Amendment 80 Program vessels
operating in the GOA are based on their
average aggregate harvests from 1998
through 2004 (72 FR 52668, September
14, 2007). Table 18 lists the proposed
2021 and 2022 groundfish sideboard
limits for Amendment 80 Program
vessels. NMFS will deduct all targeted
or incidental catch of sideboard species
made by Amendment 80 Program
vessels from the sideboard limits in
Table 18.
TABLE 18—PROPOSED 2021 AND 2022 GOA GROUNDFISH SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS
[Values are rounded to the nearest metric ton]
Species
Season
Area
Pollock ..............................................
A Season; January 20–May 31 ...................
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; September 1–November 1 ........
Pacific cod ........................................
Annual ..........................................................
A Season 1; January 1–June 10 ..................
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B Season 2; September 1–December 31 ....
Pacific ocean perch .........................
Annual ..........................................................
Annual ..........................................................
Northern rockfish ..............................
Dusky rockfish ..................................
Annual ..........................................................
Annual ..........................................................
1 The
2 The
Ratio of
amendment 80
sector vessels
1998–2004
catch to TAC
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.
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18:42 Dec 02, 2020
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E:\FR\FM\03DEP1.SGM
03DEP1
Proposed
2021 and
2022 TAC
(mt)
1,067
42,260
8,354
18,708
13,899
19,074
5,728
1,323
2,440
753
1,366
549
1,379
1,410
1,079
759
113
Proposed
2021 and
2022
Amendment
80 vessel
sideboard
limits
(mt)
3
85
17
56
28
38
11
26
107
15
60
19
1,371
1,355
1,079
580
101
78094
Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules
The halibut PSC sideboard limits for
Amendment 80 Program vessels in the
GOA are based on the historical use of
halibut PSC by Amendment 80 Program
vessels in each PSC target category from
1998 through 2004. These values are
slightly lower than the average
historical use to accommodate two
factors: allocation of halibut PSC
cooperative quota under the Rockfish
Program and the exemption of the F/V
Golden Fleece from this restriction
(§ 679.92(b)(2)). Table 19 lists the
proposed 2021 and 2022 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 (§ 679.92(b)(2)).
TABLE 19—PROPOSED 2021 AND 2022 HALIBUT PSC SIDEBOARD LIMITS FOR AMENDMENT 80 PROGRAM VESSELS IN
THE GOA
[Values are rounded to the nearest metric ton]
Historic
Amendment
80 use of the
annual halibut
PSC limit
(ratio)
Season
Season dates
Fishery
category
1 ..........................
January 20 –April 1 ........................
2 ..........................
April 1–July 1 .................................
3 ..........................
July 1–August 1 .............................
4 ..........................
August 1–October 1 .......................
5 ..........................
October 1–December 31 ...............
shallow-water .................................
deep-water .....................................
shallow-water .................................
deep-water .....................................
shallow-water .................................
deep-water .....................................
shallow-water .................................
deep-water .....................................
shallow-water .................................
deep-water .....................................
0.0048
0.0115
0.0189
0.1072
0.0146
0.0521
0.0074
0.0014
0.0227
0.0371
1,706
1,706
1,706
1,706
1,706
1,706
1,706
1,706
1,706
1,706
8
20
32
183
25
89
13
2
39
63
Total shallow-water ........................
........................
........................
117
Total deep-water ............................
........................
........................
357
Annual
Grand Total, all seasons and categories
Classification
khammond on DSKJM1Z7X2PROD with PROPOSALS
Proposed
2021 and
2022 annual
PSC limit
(mt)
Proposed
2021 and
2022
Amendment
80 vessel
PSC
sideboard
limit
(mt)
NMFS has determined that the
proposed harvest specifications are
consistent with the FMP and
preliminarily determined that the
proposed harvest specifications are
consistent with the Magnuson-Stevens
Act and other applicable laws, subject to
further review after public comment.
This action is authorized under 50
CFR 679.20 and is exempt from review
under Executive Order 12866.
NMFS prepared an EIS for the Alaska
groundfish harvest specifications and
alternative harvest strategies (see
ADDRESSES) and made it available to the
public on January 12, 2007 (72 FR
1512). On February 13, 2007, NMFS
issued the ROD for the Final EIS. A SIR
is being prepared for the final 2021 and
2022 harvest specifications to provide a
subsequent assessment of the action and
to address the need to prepare a
Supplemental EIS (40 CFR 1501.11(b);
§ 1502.9(d)(1)). Copies of the Final EIS,
ROD, and annual SIRs for this action are
available from NMFS (see ADDRESSES).
The Final EIS analyzes the
environmental, social, and economic
consequences of the proposed
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19:31 Dec 02, 2020
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groundfish harvest specifications and
alternative harvest strategies on
resources in the action area. Based on
the analysis in the Final EIS, NMFS
concluded that the preferred Alternative
(Alternative 2) provides the best balance
among relevant environmental, social,
and economic considerations and
allows for continued management of the
groundfish fisheries based on the most
recent, best scientific information.
Initial Regulatory Flexibility Analysis
This Initial Regulatory Flexibility
Analysis (IRFA) was prepared for this
proposed rule, as required by Section
603 of the Regulatory Flexibility Act
(RFA) (5 U.S.C. 603), to describe the
economic impact that this proposed
rule, if adopted, would have on small
entities. The IRFA describes the action;
the reasons why this proposed rule is
proposed; the objectives and legal basis
for this proposed rule; the estimated
number and description of directly
regulated small entities to which this
proposed rule would apply; the
recordkeeping, reporting, and other
compliance requirements of this
proposed rule; and the relevant Federal
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474
rules that may duplicate, overlap, or
conflict with this proposed rule. The
IRFA also describes significant
alternatives to this proposed rule that
would accomplish the stated objectives
of the Magnuson-Stevens Act, and any
other applicable statutes, and that
would minimize any significant
economic impact of this proposed rule
on small entities. The description of the
proposed action, its purpose, and the
legal basis are explained earlier in the
preamble and are not repeated here.
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 receipts not in excess
of $11 million for all its affiliated
operations worldwide. A shoreside
processor primarily involved in seafood
processing (NAICS code 311710) is
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Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules
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 employment, counting
all individuals employed on a full-time,
part-time, or other basis, not in excess
of 750 employees for all its affiliated
operations worldwide.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Number and Description of Small
Entities Regulated by This Proposed
Rule
The entities directly regulated by the
groundfish harvest specifications
include: a) entities operating vessels
with groundfish Federal fisheries
permits (FFPs) catching FMP groundfish
in Federal waters (including those
receiving direction allocations of
groundfish); b) all entities operating
vessels, regardless of whether they hold
groundfish FFPs, catching FMP
groundfish in the state-waters parallel
fisheries; and c) all entities operating
vessels fishing for halibut inside three
miles of the shore (whether or not they
have FFPs).
In 2019 (the most recent year of
complete data), there were 871
individual CVs and CPs with gross
revenues less than or equal to $11
million. This estimate does not account
for corporate affiliations among vessels,
and for cooperative affiliations among
fishing entities, since some of the
fishing vessels operating in the GOA are
members of AFA inshore pollock
cooperatives, GOA rockfish
cooperatives, or BSAI CR Program
cooperatives. Vessels that participate in
these cooperatives are considered to be
large entities within the meaning of the
RFA because the aggregate gross receipts
of all participating members exceed the
$11 million threshold. After accounting
for membership in these cooperatives,
there are an estimated 812 small CV and
5 small CP entities remaining in the
GOA groundfish sector. However, the
estimate of these 817 CVs may be an
overstatement of the number of small
entities. This latter group of vessels had
average gross revenues that varied by
gear type. Average gross revenues for
hook-and-line CVs, pot gear CVs, trawl
gear CVs, and hook-and-line CPs are
estimated to be $350,000, $780,000, $1.6
million, and $2.9 million, respectively.
Description of Significant Alternatives
That Minimize Adverse Impacts on
Small Entities
The action under consideration is the
proposed 2021 and 2022 harvest
specifications, apportionments, and
Pacific halibut prohibited species catch
VerDate Sep<11>2014
19:31 Dec 02, 2020
Jkt 253001
limits for the groundfish fishery of the
GOA. This action is necessary to
establish harvest limits for groundfish
during the 2021 and 2022 fishing years
and is taken in accordance with the
FMP prepared by the Council pursuant
to the Magnuson-Stevens Act. The
establishment of the proposed harvest
specifications is governed by the
Council’s harvest strategy to govern the
catch of groundfish in the GOA. This
strategy was selected from among five
alternatives, with the preferred
alternative harvest strategy being one in
which the TACs fall within the range of
ABCs recommended by the SSC. Under
the preferred harvest strategy, TACs are
set to a level that falls within the range
of ABCs recommended by the SSC; the
sum of the TACs must achieve the OY
specified in the FMP. While the specific
numbers that the harvest strategy
produces may vary from year to year,
the methodology used for the preferred
harvest strategy remains constant.
The TACs associated with preferred
harvest strategy are those recommended
by the Council in October 2020. OFLs
and ABCs for the species were based on
recommendations prepared by the
Council’s Plan Team in September 2020,
and reviewed by the Council’s SSC in
October 2020. The Council based its
TAC recommendations on those of its
AP, which were consistent with the
SSC’s OFL and ABC recommendations.
The 2021 TACs in these proposed 2021
and 2022 harvest specifications are
unchanged from the 2021 TACs in the
final 2020 and 2021 harvest
specifications (85 FR 13802; March 10,
2020), and the sum of all TACs remains
within OY for the GOA.
The proposed 2021 and 2022 OFLs
and ABCs are based on the best
available biological information,
including projected biomass trends,
information on assumed distribution of
stock biomass, and revised technical
methods to calculate stock biomass. The
proposed 2021 and 2022 TACs are based
on the best available biological and
socioeconomic information. The
proposed 2021 and 2022 OFLs, ABCs,
and TACs are consistent with the
biological condition of groundfish
stocks as described in the 2019 SAFE
report, which is the most recent,
completed SAFE report.
Under this action, the proposed ABCs
reflect harvest amounts that are less
than the specified overfishing levels.
The proposed TACs are within the range
of proposed ABCs recommended by the
SSC and do not exceed the biological
limits recommended by the SSC (the
ABCs and overfishing levels). For most
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Sfmt 4702
78095
species and species groups in the GOA,
the Council recommended, and NMFS
proposes, TACs equal to proposed
ABCs, which is intended to maximize
harvest opportunities in the GOA.
For some species and species groups,
however, the Council recommended and
NMFS proposes TACs that are less than
the proposed ABCs, including for
pollock in the W/C/WYK Regulatory
Area, Pacific cod, shallow-water flatfish
in the Western Regulatory Area,
arrowtooth flounder, flathead sole in the
Western and Central Regulatory Areas,
and Atka mackerel. In the GOA,
increasing TACs for some species may
not result in increased harvest
opportunities for those species. This is
due to a variety of reasons. There may
be a lack of commercial or market
interest in some species. Additionally,
there are fixed, and therefore
constraining, PSC limits associated with
the harvest of the GOA groundfish
species that can lead to an underharvest
of flatfish TACs. For this reason, the
shallow-water flatfish, arrowtooth
flounder, and flathead sole TACs are set
to allow for increased harvest
opportunities for these target species
while conserving the halibut PSC limit
for use in other fisheries. The Atka
mackerel TAC is set to accommodate
incidental catch amounts in other
fisheries. Finally, the TACs for two
species (pollock and Pacific cod) cannot
be set equal to ABC, as the TAC must
be reduced to account for the State’s
GHLs in these fisheries. The W/C/WYK
Regulatory Area pollock TAC and the
GOA Pacific cod TACs are therefore set
to account for the State’s GHLs for the
State water pollock and Pacific cod
fisheries so that the ABCs are not
exceeded. The proposed GOA Pacific
cod TACs also include a further
reduction implemented in the 2020 and
2021 harvest specifications as an
additional conservation measure due to
the stock’s projected 2020 spawning
biomass. For most species in the GOA,
the Council recommended, and NMFS
proposes, that proposed TACs equal
proposed ABCs, unless other
conservation or management reasons
support proposed TAC amounts less
than the proposed ABCs.
Based upon the best available
scientific data, and in consideration of
the Council’s objectives of this action, it
appears that there are no significant
alternatives to the proposed rule that
have the potential to accomplish the
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78096
Federal Register / Vol. 85, No. 233 / Thursday, December 3, 2020 / Proposed Rules
stated objectives of the MagnusonStevens Act and any other applicable
statutes and that have the potential to
minimize any significant adverse
economic impact of the proposed rule
on small entities. This action is
economically beneficial to entities
operating in the GOA, including small
entities. The action proposes TACs for
commercially-valuable species in the
GOA and allows for the continued
prosecution of the fishery, thereby
creating the opportunity for fishery
revenue. After public process during
which the Council solicited input from
stakeholders, the Council concluded
that the proposed harvest specifications
would best accomplish the stated
objectives articulated in the preamble
for this proposed rule, and in applicable
statutes, and would minimize to the
extent practicable adverse economic
impacts on the universe of directly
regulated small entities.
This action does not modify
recordkeeping or reporting
requirements, or duplicate, overlap, or
conflict with any Federal rules.
This proposed rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
Adverse impacts on marine mammals
or endangered or threatened species
resulting from fishing activities
conducted under these harvest
specifications are discussed in the Final
EIS and its accompanying annual SIRs
(see ADDRESSES).
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C.
1540(f); 16 U.S.C. 1801 et seq.; 16 U.S.C.
3631 et seq.; Pub. L. 105–277; Pub. L. 106–
31; Pub. L. 106–554; Pub. L. 108–199; Pub.
L. 108–447; Pub. L. 109–241; Pub. L. 109–
479.
Dated: November 25, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020–26592 Filed 12–1–20; 8:45 am]
khammond on DSKJM1Z7X2PROD with PROPOSALS
BILLING CODE 3510–22–P
VerDate Sep<11>2014
16:20 Dec 02, 2020
Jkt 253001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 201125–0319; RTID 0648–
XY116]
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands; Proposed 2021 and
2022 Harvest Specifications for
Groundfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; harvest
specifications and request for
comments.
AGENCY:
NMFS proposes 2021 and
2022 harvest specifications,
apportionments, and prohibited species
catch allowances for the groundfish
fisheries of the Bering Sea and Aleutian
Islands (BSAI) management area. This
action is necessary to establish harvest
limits for groundfish during the 2021
and 2022 fishing years and to
accomplish the goals and objectives of
the Fishery Management Plan for
Groundfish of the Bering Sea and
Aleutian Islands Management Area
(FMP). The 2021 harvest specifications
supersede those previously set in the
final 2020 and 2021 harvest
specifications, and the 2022 harvest
specifications will be superseded in
early 2022 when the final 2022 and
2023 harvest specifications are
published. The intended effect of this
action is to conserve and manage the
groundfish resources in the BSAI in
accordance with the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act).
DATES: Comments must be received by
January 4, 2021.
ADDRESSES: Submit your comments,
identified by NOAA–NMFS–2020–0141,
by either of the following methods:
• Federal e-Rulemaking Portal: Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20200141, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Glenn Merrill, Assistant Regional
Administrator, Sustainable Fisheries
Division, Alaska Region NMFS, Attn:
Records Office. Mail comments to P.O.
Box 21668, Juneau, AK 99802–1668.
Instructions: NMFS may not consider
comments if they are sent by any other
method, to any other address or
SUMMARY:
PO 00000
Frm 00051
Fmt 4702
Sfmt 4702
individual, or received after the
comment period ends. All comments
received are a part of the public record,
and NMFS will post the comments for
public viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender is
publicly accessible. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Electronic copies of the Alaska
Groundfish Harvest Specifications Final
Environmental Impact Statement (Final
EIS), Record of Decision (ROD) for the
Final EIS, and the annual
Supplementary Information Reports
(SIRs) to the Final EIS prepared for this
action are available from https://
www.regulations.gov. An updated 2021
SIR for the final 2021 and 2022 harvest
specifications will be available from the
same source. The final 2019 Stock
Assessment and Fishery Evaluation
(SAFE) report for the groundfish
resources of the BSAI, dated November
2019, is available from the North Pacific
Fishery Management Council (Council)
at 605 West 4th Avenue, Suite 306,
Anchorage, AK 99501–2252, phone
907–271–2809, or from the Council’s
website at https://www.npfmc.org/. The
2020 SAFE report for the BSAI will be
available from the same source.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: Federal
regulations at 50 CFR part 679
implement the FMP and govern the
groundfish fisheries in the BSAI. The
Council prepared the FMP, and NMFS
approved it, under the MagnusonStevens Act. General regulations
governing U.S. fisheries also appear at
50 CFR part 600.
The FMP and its implementing
regulations require that NMFS, after
consultation with the Council, specify
annually the total allowable catch (TAC)
for each target species category. The
sum of TACs for all groundfish species
in the BSAI must be within the
optimum yield (OY) range of 1.4 million
to 2.0 million metric tons (mt) (see
§ 679.20(a)(1)(i)(A)). Section 679.20(c)(1)
further requires that NMFS publish
proposed harvest specifications in the
Federal Register and solicit public
comments on proposed annual TACs
and apportionments thereof; prohibited
species catch (PSC) allowances;
prohibited species quota (PSQ) reserves
established by § 679.21; seasonal
allowances of pollock, Pacific cod, and
Atka mackerel TAC; American Fisheries
E:\FR\FM\03DEP1.SGM
03DEP1
Agencies
[Federal Register Volume 85, Number 233 (Thursday, December 3, 2020)]
[Proposed Rules]
[Pages 78076-78096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26592]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 201125-0318; RTID 0648-XY115]
Fisheries of the Exclusive Economic Zone Off Alaska; Gulf of
Alaska; Proposed 2021 and 2022 Harvest Specifications for Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; harvest specifications and request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes 2021 and 2022 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 2021
and 2022 fishing years and to accomplish the goals and objectives of
the Fishery Management Plan for Groundfish of the Gulf of Alaska. The
2021 harvest specifications supersede those previously set in the final
2020 and 2021 harvest specifications, and the 2022 harvest
specifications will be superseded in early 2022 when the final 2022 and
2023 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 (Magnuson-Stevens Act).
DATES: Comments must be received by January 4, 2021.
ADDRESSES: Submit comments on this document, identified by NOAA-NMFS-
2020-0140, by either of the following methods:
Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-
[[Page 78077]]
0140, click the ``Comment Now!'' icon, complete the required fields,
and enter or attach your comments.
Mail: Submit written comments to Glenn Merrill, Assistant
Regional Administrator, Sustainable Fisheries Division, Alaska Region
NMFS, Attn: Records Office. Mail comments to P.O. Box 21668, Juneau, AK
99802-1668.
Instructions: NMFS may not consider comments if they are sent by
any other method, to any other address or individual, or received after
the comment period ends. All comments received are a part of the public
record, and NMFS will post the comments for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address), confidential business information,
or otherwise sensitive information submitted voluntarily by the sender
is publicly accessible. NMFS will accept anonymous comments (enter ``N/
A'' in the required fields if you wish to remain anonymous).
Electronic copies of the Alaska Groundfish Harvest Specifications
Final Environmental Impact Statement (Final EIS), Record of Decision
(ROD) for the Final EIS, and the annual Supplementary Information
Reports (SIRs) to the Final EIS prepared for this action are available
from https://www.regulations.gov. An updated 2021 SIR for the final
2021 and 2022 harvest specifications will be available from the same
source. The final 2019 Stock Assessment and Fishery Evaluation (SAFE)
report for the groundfish resources of the GOA, dated November 2019, is
available from the North Pacific Fishery Management Council (Council)
at 1007 West Third, Suite 400, Anchorage, AK 99501-2252, phone 907-271-
2809, or from the Council's website at https://www.npfmc.org. The 2020
SAFE report for the GOA will be available from the same source.
FOR FURTHER INFORMATION CONTACT: Obren Davis, 907-586-7228.
SUPPLEMENTARY INFORMATION: NMFS manages the GOA groundfish fisheries in
the exclusive economic zone (EEZ) of the GOA under the Fishery
Management Plan for Groundfish of the Gulf of Alaska (FMP). The Council
prepared the FMP under the authority of the Magnuson-Stevens Act, 16
U.S.C. 1801, et seq. Regulations governing U.S. fisheries and
implementing the FMP appear at 50 CFR parts 600, 679, and 680.
The FMP and its implementing regulations require that NMFS, after
consultation with the Council, specify the total allowable catch (TAC)
for each target species, the sum of which must be within the optimum
yield (OY) range of 116,000 to 800,000 metric tons (mt) (Sec.
679.20(a)(1)(i)(B)). Section 679.20(c)(1) further requires NMFS to
publish and solicit public comment on proposed annual TACs and
apportionments thereof, Pacific halibut prohibited species catch (PSC)
limits, and seasonal allowances of pollock and Pacific cod. The
proposed harvest specifications in Tables 1 through 19 of this rule
satisfy these requirements. For 2021 and 2022, the sum of the proposed
TAC amounts is 402,783 mt.
Under Sec. 679.20(c)(3), NMFS will publish the final 2021 and 2022
harvest specifications after (1) considering comments received within
the comment period (see DATES), (2) consulting with the Council at its
December 2020 meeting, (3) considering information presented in the
2021 SIR to the Final EIS that assesses the need to prepare a
Supplemental EIS (see ADDRESSES), and (4) considering information
presented in the final 2020 SAFE reports prepared for the 2021 and 2022
groundfish fisheries.
Other Actions Affecting or Potentially Affecting the 2021 and 2022
Harvest Specifications
Amendment 109 to the FMP: Revisions to the GOA Pollock Seasons and
Pacific Cod Seasonal Allocations
On June 25, 2020, NMFS published a final rule to implement
Amendment 109 to the FMP (85 FR 38093), effective January 1, 2021. The
final rule revised the pollock seasons and allocations in the GOA,
along with Pacific cod season allocations. Amendment 109 modified 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 were
combined into a January 20 through May 31 A season, and the pollock C
and D seasons were combined into a September 1 through November 1 B
season. Additionally, Amendment 109 revised 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. The revisions implemented by Amendment 109 are incorporated
into these proposed 2021 and 2022 harvest specifications.
Amendment 110 to the FMP: Reclassify Sculpins as an Ecosystem Component
Species
On July 10, 2020, NMFS published the final rule to implement
Amendment 110 to the FMP (85 FR 41427). The final rule reclassified
sculpins 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. Accordingly, NMFS will no longer set an Overfishing Level
(OFL), acceptable biological catch (ABC), and TAC for sculpins in the
GOA groundfish harvest specifications, beginning with these proposed
2021 and 2022 harvest specifications. Amendment 110 prohibits directed
fishing for sculpins, while maintaining recordkeeping and reporting
requirements for sculpins. Amendment 110 also establishes a maximum
retainable amount for sculpins when directed fishing for groundfish
species at 20 percent to discourage targeting sculpin species.
Potential Revisions to the Sablefish Apportionment Process
The Alaska-wide sablefish ABC is apportioned between six areas
within the GOA and BSAI (the Bering Sea, Aleutian Islands, Western
Gulf, Central Gulf, West Yakutat, and East Yakutat/Southeast Areas).
Since 2013, a fixed apportionment methodology has been used to
apportion the ABC between those six years. However, a new apportionment
methodology is being considered that could affect the apportionment of
sablefish ABC, as well as TACs and gear allocations between the trawl
and fixed gear sectors, specified in future GOA groundfish harvest
specifications. The Joint BSAI and GOA Groundfish Plan Team, Scientific
and Statistical Committee (SSC), and Council will review and propose
any changes to the sablefish ABC apportionment methodology and could
recommend changes for the final 2021 and 2022 groundfish harvest
specifications.
Proposed ABC and TAC Specifications
In October 2020, the Council's SSC, its Advisory Panel (AP), and
the Council reviewed the most recent biological and harvest information
about the condition of the GOA groundfish stocks. The Council's GOA
Groundfish Plan Team (Plan Team) compiled and presented this
information in the final 2019 SAFE report for the GOA groundfish
fisheries, dated November 2019 (see ADDRESSES). The SAFE report
contains a review of the latest scientific analyses and estimates of
each species' biomass and other biological parameters, as well as
summaries of the available information on the GOA ecosystem and the
economic condition of the groundfish fisheries off Alaska. From these
data and analyses, the Plan Team recommends, and the SSC sets, an OFL
and ABC for each species or species group. The amounts proposed for the
2021 and
[[Page 78078]]
2022 OFLs and ABCs are based on the 2019 SAFE report. The AP and
Council recommended that the proposed 2021 and 2022 TACs be set equal
to proposed ABCs for all species and species groups, with the exception
of the species and species groups further discussed below. The proposed
OFLs, ABCs, and TACs could be changed in the final harvest
specifications depending on the most recent scientific information
contained in the final 2020 SAFE report. The stock assessments that
will comprise, in part, the 2020 SAFE report are available at https://www.fisheries.noaa.gov/alaska/population-assessments/north-pacific-groundfish-stock-assessment-and-fishery-evaluation. The final 2020 SAFE
report will be available from the same source.
In November 2020, the Plan Team will update the 2019 SAFE report to
include new information collected during 2020, such as NMFS stock
surveys, revised stock assessments, and catch data. The Plan Team will
compile this information and present the draft 2020 SAFE report at the
December 2020 Council meeting. At that meeting, the SSC and the Council
will review the 2020 SAFE report, and the Council will approve the 2020
SAFE report. The Council will consider information in the 2020 SAFE
report, recommendations from the November 2020 Plan Team meeting and
December 2020 SSC and AP meetings, public testimony, and relevant
written public comments in making its recommendations for the final
2021 and 2022 harvest specifications. Pursuant to Sec. 679.20(a)(2)
and (3), the Council could recommend adjusting the TACs if warranted
based on the biological condition of groundfish stocks or a variety of
socioeconomic considerations, or if required to cause the sum of TACs
to fall within the OY range.
Many of the scheduled 2020 GOA and Bering Sea groundfish and
ecosystem surveys were cancelled or modified; some were conducted as
planned. The Alaska Fisheries Science Center (AFSC) implemented a
variety of mitigation efforts to partially address the loss of data
from cancelled surveys in 2020. Currently, for 2021 the AFSC plans to
resume the normal schedule of surveys for the GOA including a two-
vessel GOA trawl survey and GOA acoustic-trawl survey. The stock
assessment process is adaptable to the changes in availability of
survey data, as many surveys are conducted periodically, rather than
annually, and any changes relevant to the stock assessment process will
be addressed in the final SAFE report.
Potential Changes Between Proposed and Final Specifications
In previous years, the most significant changes (relative to the
amount of assessed tonnage of fish) to the OFLs and ABCs from the
proposed to the final harvest specifications have been based on the
most recent NMFS stock surveys. These surveys provide updated estimates
of stock biomass and spatial distribution, and inform changes to the
models used for producing stock assessments. At the September 2020 Plan
Team meeting, NMFS scientists presented updated and new survey results.
Scientists also discussed potential changes to assessment models, and
accompanying preliminary stock estimates. At the October 2020 Council
meeting, the SSC reviewed this information. The species with potential
for a significant model change is Pacific ocean perch. Model changes
can result in changes to final OFLs, ABCs, and TACs.
In November 2020, the Plan Team will consider updated survey
results and updated stock assessments for groundfish, which will be
included in the draft 2020 SAFE report. If the 2020 SAFE report
indicates that the stock biomass trend is increasing for a species,
then the final 2021 and 2022 harvest specifications for that species
may reflect an increase from the proposed harvest specifications.
Conversely, if the 2020 SAFE report indicates that the stock biomass
trend is decreasing for a species, then the final 2021 and 2022 harvest
specifications may reflect a decrease from the proposed harvest
specifications.
The proposed 2021 and 2022 OFLs and ABCs are based on the best
available biological and scientific information, including projected
biomass trends, information on assumed distribution of stock biomass,
and revised technical methods used to calculate stock biomass. The FMP
specifies the tiers to be used to compute OFLs and ABCs. The tiers
applicable to a particular stock or stock complex are determined by the
level of reliable information available to the fisheries scientists.
This information is categorized into a successive series of six tiers
to define OFLs and ABCs, with Tier 1 representing the highest level of
information quality available and Tier 6 representing the lowest level
of information quality available. The Plan Team used the FMP tier
structure to calculate OFLs and ABCs for each groundfish species. The
SSC adopted the proposed 2021 and 2022 OFLs and ABCs recommended by the
Plan Team for all groundfish species. The proposed 2021 and 2022 TACs
are based on the best available biological and socioeconomic
information. The Council adopted the SSC's OFL and ABC recommendations
and the AP's TAC recommendations.
Specification and Apportionment of TAC Amounts
The Council recommended proposed 2021 and 2022 TACs that are equal
to proposed ABCs for all species and species groups, with the exception
of pollock in the combined Western and Central Regulatory Areas and the
West Yakutat (WYK) District of the Eastern Regulatory Area (the W/C/WYK
Regulatory Area), Pacific cod, shallow-water flatfish in the Western
Regulatory Area, arrowtooth flounder, flathead sole in the Western and
Central Regulatory Areas, and Atka mackerel. The W/C/WYK Regulatory
Area pollock TAC and the GOA Pacific cod TACs are set to account for
the State of Alaska's (State's) guideline harvest levels (GHLs) for the
State water pollock and Pacific cod fisheries so that the ABCs are not
exceeded. Additionally, the proposed GOA Pacific cod TACs include a
further reduction, which the Council recommended and NMFS implemented
in the 2020 and 2021 harvest specifications, as an additional
conservation measure due to the stock's projected 2020 spawning biomass
(discussed further below). The shallow-water flatfish, arrowtooth
flounder, and flathead sole TACs are set to allow for increased harvest
opportunities for these target species while conserving the halibut PSC
limit for use in other fisheries. The Atka mackerel TAC is set to
accommodate incidental catch amounts in other fisheries. These
reductions are described below.
NMFS's proposed apportionments of groundfish species are based on
the distribution of biomass among the regulatory areas over which NMFS
manages the species. Additional regulations govern the apportionment of
pollock, Pacific cod, and sablefish. Additional detail on
apportionments of pollock, Pacific cod, and sablefish are described
below.
The ABC for the pollock stock in the W/C/WYK Regulatory Area
accounts for the GHL established by the State for the Prince William
Sound (PWS) pollock fishery. The Plan Team, SSC, AP, and Council have
recommended that the sum of all State water and Federal water pollock
removals from the GOA not exceed ABC recommendations. For 2021 and
2022, the Council recommended the W/C/WYK pollock ABC include the
amount to account for the State's PWS GHL. At the November 2018 Plan
Team
[[Page 78079]]
meeting, State fisheries managers recommended setting the future PWS
GHL at 2.5 percent of the annual W/C/WYK pollock ABC. For 2021, this
yields a PWS pollock GHL of 2,797 mt, an increase of 85 mt from the
2020 PWS GHL of 2,712 mt. After accounting for the PWS GHL, the 2021
and 2022 pollock ABC for the combined W/C/WYK areas is then apportioned
among four statistical areas (Areas 610, 620, 630, and 640) as both
ABCs and TACs, as described below and detailed in Table 1. The total
ABCs and TACs for the four statistical areas, plus the State GHL, do
not exceed the combined W/C/WYK ABC. The proposed W/C/WYK 2021 and 2022
pollock ABC is 111,888 mt, and the proposed TAC is 109,091 mt.
Apportionments of pollock to the W/C/WYK management areas are
considered to be apportionments of annual catch limit (ACLs) rather
than apportionments of ABCs. This more accurately reflects that such
apportionments address management concerns, rather than biological or
conservation concerns. In addition, apportionments of the ACL in this
manner allow NMFS to balance any transfer of TAC among Areas 610, 620,
and 630 pursuant to Sec. 679.20(a)(5)(iv)(B) to ensure that the
combined W/C/WYK ACL, ABC, and TAC are not exceeded.
NMFS proposes pollock TACs in the Western Regulatory Area (Area
610), Central Regulatory Area (Areas 620 and 630), and the West Yakutat
District (Area 640) and the Southeast Outside (SEO) District (Area 650)
of the Eastern Regulatory Area of the GOA (see Table 1). NMFS also
proposes seasonal apportionment of the annual pollock TAC in the
Western and Central Regulatory Areas of the GOA among Statistical Areas
610, 620, and 630. These apportionments are divided equally among the
following two seasons: The A season (January 20 through May 31) and the
B season (September 1 through November 1) (Sec. Sec. 679.23(d)(2)(i)
and (ii), and 679.20(a)(5)(iv)(A) and (B)). Additional detail is
provided below; Table 2 lists these amounts.
The proposed 2021 and 2022 Pacific cod TACs are set to accommodate
the State's GHLs for Pacific cod in State waters in the Western and
Central Regulatory Areas, as well as in PWS (in the Eastern Regulatory
Area) (see Table 1). The Plan Team, SSC, AP, and Council recommended
that the sum of all State water and Federal water Pacific cod removals
from the GOA not exceed ABC recommendations. Accordingly, the Council
recommended the 2021 and 2022 Pacific cod TACs in the Western, Central,
and Eastern Regulatory Areas to account for State GHLs. Therefore, the
proposed 2021 and 2022 Pacific cod TACs are less than the proposed ABCs
by the following amounts: (1) Western GOA, 1,483 mt; (2) Central GOA,
2,115 mt; and (3) Eastern GOA, 305 mt. These amounts reflect the
State's 2021 and 2022 GHLs in these areas, which are 30 percent of the
Western GOA proposed ABC, and 25 percent of the Eastern and Central GOA
proposed ABCs. The proposed 2021 and 2022 Pacific cod TACs also
incorporate an additional reduction (40 percent) from the proposed
Pacific cod ABCs, after deduction of the State GHL amounts. This
reduction was recommended by the Council and implemented by NMFS in the
final 2020 and 2021 harvest specifications after the 2019 SAFE
indicated that the spawning biomass of Pacific cod would be below 20
percent of the projected unfished spawning biomass during 2020. At the
December 2020 meeting, the Council will consider whether to recommend
any reduction of the final Pacific cod TACs based on the most recent
2020 biological assessment on the stock condition for Pacific cod.
NMFS also proposes seasonal apportionments of the Pacific cod TACs
in the Western and Central Regulatory Areas. A portion 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. The remainder of the annual TAC is apportioned to the
B season for jig gear from June 10 through December 31, for hook-and-
line and pot gear from September 1 through December 31, and for trawl
gear from September 1 through November 1 (Sec. Sec. 679.23(d)(3) and
679.20(a)(12)). The Western and Central GOA Pacific cod TACs are
allocated among various gear and operational sectors. The Pacific cod
sector apportionments are discussed in detail in a subsequent section
and in Table 3 of this rule.
In 2020, NMFS prohibited directed fishing for Pacific cod in the
GOA, in accordance with Sec. 679.20(d)(4). At that time, NMFS
determined that the 2019 biological assessment of stock condition for
Pacific cod in the GOA projected that the spawning biomass in the GOA
would be below 20 percent of the projected unfished spawning biomass
during 2020. 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. At the November 2020 Plan Team and December 2020
SSC meetings, the Plan Team and SSC will review the Pacific cod stock
assessment and evaluate the stock condition of Pacific cod to determine
whether the directed fishery for Pacific cod in the GOA will remain
closed pursuant to Sec. 679.20(d)(4).
The Council's recommendation for sablefish area apportionments
takes into account the prohibition on the use of trawl gear in the SEO
District of the Eastern Regulatory Area (Sec. 679.7(b)(1)) and makes
available five percent of the combined Eastern Regulatory Area TACs to
vessels using trawl gear for use as incidental catch in other trawl
groundfish fisheries in the WYK District (Sec. 679.20(a)(4)(i)).
Additional detail is provided below. Tables 4 and 5 list the proposed
2021 and 2022 allocations of the sablefish TAC to fixed gear and trawl
gear in the GOA.
For 2021 and 2022, the Council recommends and NMFS proposes the
OFLs, ABCs, and TACs listed in Table 1. These amounts are consistent
with the biological condition of groundfish stocks as described in the
2019 SAFE report. The proposed ABCs reflect harvest amounts that are
less than the specified overfishing levels. The proposed TACs are
adjusted for other biological and socioeconomic considerations. The sum
of the proposed TACs for all GOA groundfish is 402,783 mt for 2021 and
2022, which is within the OY range specified by the FMP. These proposed
amounts and apportionments by area, season, and sector are subject to
change pending consideration of the 2020 SAFE report and the Council's
recommendations for the final 2021 and 2022 harvest specifications
during its December 2020 meeting.
[[Page 78080]]
Table 1--Proposed 2021 and 2022 OFLs, ABCs, and TACs of Groundfish for the Western/Central/West Yakutat,
Western, Central, and Eastern Regulatory Areas, the West Yakutat and Southeast Outside Districts of the Eastern
Regulatory Area, and Gulfwide District of the Gulf of Alaska
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Species Area \1\ OFL ABC TAC \2\
----------------------------------------------------------------------------------------------------------------
Pollock \2\........................... Shumagin (610).......... n/a 19,775 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)...... 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 (Alaska-wide 64,765 22,252 22,252
OFL)
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
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
[[Page 78081]]
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 \13\.............. W....................... n/a 326 326
C....................... n/a 911 911
E....................... n/a 779 779
-----------------------------------------------
Total 2,688 2,016 2,016
Other rockfish 14 15.................. W/C combined............ n/a 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 skates \16\....................... 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 skates \17\.................. 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 \18\..................... GW...................... 1,166 875 875
Sharks................................ GW...................... 10,913 8,184 8,184
Octopuses............................. GW...................... 1,307 980 980
Total............................. ........................ 632,836 466,791 402,783
----------------------------------------------------------------------------------------------------------------
\1\ Regulatory areas and districts are defined at Sec. 679.2. (W=Western Gulf of Alaska; C=Central Gulf of
Alaska; E=Eastern Gulf of Alaska; WYK=West Yakutat District; SEO=Southeast Outside District; GW=Gulf-wide).
\2\ The total for the W/C/WYK Regulatory Areas pollock ABC is 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 2. In the West Yakutat
(Area 640) and Southeast Outside (Area 650) Districts of the Eastern Regulatory Area, pollock is not divided
into seasonal allowances.
\3\ The annual Pacific cod TAC is apportioned: (1) 63.84 percent to the A season and 36.16 percent to the B
season and (2) 64.16 percent to the A season and 35.84 percent to the B season in the Western and Central
Regulatory Areas of the GOA, respectively. The Pacific cod TAC in the Eastern Regulatory Area of the GOA is
allocated 90 percent to vessels harvesting Pacific cod for processing by the inshore component and 10 percent
to vessels harvesting Pacific cod for processing by the offshore component. Table 3 lists the proposed 2021
and 2022 Pacific cod seasonal apportionments and sector allocations.
\4\ The Sablefish OFL is set Alaska-wide. Additionally, sablefish is allocated to fixed and trawl gear in 2021
and trawl gear in 2022. Tables 4 and 5 list the proposed 2021 and 2022 allocations of sablefish TACs.
\5\ ``Shallow-water flatfish'' means flatfish not including ``deep-water flatfish,'' flathead sole, rex sole, or
arrowtooth flounder.
\6\ ``Deep-water flatfish'' means Dover sole, Greenland turbot, Kamchatka flounder, and deepsea sole.
\7\ ``Pacific ocean perch'' means Sebastes alutus.
\8\ ``Northern rockfish'' means Sebastes polyspinous. For management purposes the 1 mt apportionment of ABC to
the WYK District of the Eastern Regulatory Area has been included in the ``other rockfish'' species group.
\9\ ``Shortraker rockfish'' means Sebastes borealis.
\10\ ``Dusky rockfish'' means Sebastes variabilis.
\11\ ``Rougheye and blackspotted rockfish'' means Sebastes aleutianus (rougheye) and Sebastes melanostictus
(blackspotted).
\12\ ``Demersal shelf rockfish'' means Sebastes pinniger (canary), S. nebulosus (china), S. caurinus (copper),
S. maliger (quillback), S. helvomaculatus (rosethorn), S. nigrocinctus (tiger), and S. ruberrimus (yelloweye).
\13\ ``Thornyhead rockfish'' means Sebastes species.
\14\ ``Other rockfish means Sebastes aurora (aurora), S. melanostomus (blackgill), S. paucispinis (bocaccio), S.
goodei (chilipepper), S. crameri (darkblotch), S. elongatus (greenstriped), S. variegatus (harlequin), S.
wilsoni (pygmy), S. babcocki (redbanded), S. proriger (redstripe), S. zacentrus (sharpchin), S. jordani
(shortbelly), S. brevispinis (silvergray), S. diploproa (splitnose), S. saxicola (stripetail), S. miniatus
(vermilion), S. reedi (yellowmouth), S. entomelas (widow), and S. flavidus (yellowtail). In the Eastern GOA
only, ``other rockfish'' also includes northern rockfish (S. polyspinous).
\15\ ``Other rockfish'' in the Western and Central Regulatory Areas and in the West Yakutat District of the
Eastern Regulatory Area means all rockfish species included in the ``other rockfish'' and demersal shelf
rockfish categories. The ``other rockfish'' species group in the SEO District only includes other rockfish.
\16\ ``Big skates'' means Raja binoculata.
\17\ ``Longnose skates'' means Raja rhina.
\18\ ``Other skates'' means Bathyraja and Raja spp.
[[Page 78082]]
Proposed Apportionment of Reserves
Section 679.20(b)(2) requires NMFS to set aside 20 percent of each
TAC for pollock, Pacific cod, flatfish, sharks, and octopuses in
reserve for possible apportionment at a later date during the fishing
year. Section 679.20(b)(3) authorizes NMFS to reapportion all or part
of these reserves. In 2020, NMFS reapportioned all of the reserves in
the final harvest specifications. For 2021 and 2022, NMFS proposes
reapportionment of each of the reserves for pollock, Pacific cod,
flatfish, sharks, and octopuses back into the original TAC from which
the reserve was derived. NMFS expects, based on recent harvest
patterns, that such reserves will not be necessary and that the entire
TAC for each of these species will be caught. The TACs in Table 1
reflect this proposed reapportionment of reserve amounts to the
original TAC for these species and species groups, i.e., each proposed
TAC for the above-mentioned species or species groups contains the full
TAC recommended by the Council.
Proposed Apportionments of Pollock TAC Among Seasons and Regulatory
Areas, and Allocations for Processing by Inshore and Offshore
Components
In the GOA, pollock is apportioned by season and area, and is
further allocated for processing by inshore and offshore components.
Pursuant to Sec. 679.20(a)(5)(iv)(B), the annual pollock TAC specified
for the Western and Central Regulatory Areas of the GOA is apportioned
into two seasonal allowances of 50 percent. As established by Sec.
679.23(d)(2)(i) through (ii), the A and B season allowances are
available from January 20 through May 31 and September 1 through
November 1, respectively. This is a change from 2020 and prior years,
when there were four specified pollock seasons of equal seasonal
allowances of 25 percent. As described earlier in the preamble, the
regulatory revisions implemented by Amendment 109 to the FMP (85 FR
38093, June 25, 2020) decreased the number of seasons to two and
established two equal seasonal allowances of 50 percent. NMFS is
incorporating these regulatory revisions (which are effective January
1, 2021) into the harvest specifications for the GOA, and Table 2,
below, reflects the revised seasons and seasonal allocations
implemented by Amendment 109 to the FMP.
The GOA pollock stock assessment continues to use a four-season
methodology to determine pollock distribution in the Western and
Central Regulatory Areas of the GOA to maintain continuity in the
historical pollock apportionment time-series. 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 pollock biomass determined by the most recent NMFS surveys, pursuant
to Sec. 679.20(a)(5)(iv)(A). The pollock chapter of the 2019 SAFE
report (see ADDRESSES) contains a comprehensive description of the
apportionment and reasons for the minor changes from past
apportionments. For purposes of specifying pollock between two seasons
for the Western and Central Regulatory Areas of the GOA, NMFS has
summed the A and B season apportionments and the C and D season
apportionments as calculated in the 2019 GOA pollock assessment. This
yields the seasonal amounts specified for the A season and the B
season, respectively.
Within any fishing year, the amount by which a seasonal allowance
is underharvested or overharvested may be added to, or subtracted from,
subsequent seasonal allowances in a manner to be determined by the
Regional Administrator (Sec. 679.20(a)(5)(iv)(B)). The rollover amount
is limited to 20 percent of the subsequent seasonal TAC apportionment
for the statistical area. Any unharvested pollock above the 20-percent
limit could be further distributed to the subsequent season in the
other statistical areas, in proportion to the estimated biomass to the
subsequent season and in an amount no more than 20 percent of the
seasonal TAC apportionment in those statistical areas (Sec.
679.20(a)(5)(iv)(B)). The proposed 2021 and 2022 pollock TACs in the
WYK District of 5,728 mt and the SEO District of 10,148 mt are not
allocated by season.
Table 2 lists the proposed 2021 and 2022 area apportionments and
seasonal allowances of pollock in the Western and Central Regulatory
Areas. The amounts of pollock for processing by the inshore and
offshore components are not shown. Section 679.20(a)(6)(i) requires
allocation of 100 percent of the pollock TAC in all regulatory areas
and all seasonal allowances to vessels catching pollock for processing
by the inshore component after subtraction of amounts projected by the
Regional Administrator to be caught by, or delivered to, the offshore
component incidental to directed fishing for other groundfish species.
Thus, the amount of pollock available for harvest by vessels harvesting
pollock for processing by the offshore component is the amount that
will be taken as incidental catch during directed fishing for
groundfish species other than pollock, up to the maximum retainable
amounts allowed by Sec. 679.20(e) and (f). At this time, these
incidental catch amounts of pollock are unknown and will be determined
during the 2021 fishing year during the course of fishing activities by
the offshore component.
Table 2--Proposed 2021 and 2022 Distribution of Pollock in the Central and Western Regulatory Areas of the Gulf
of Alaska; Area Apportionments; and Seasonal Allowances of Annual TAC \1\
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Shumigan (Area Chirikof (Area Kodiak (Area
Season \2\ 610) 620) 630) Total \3\
----------------------------------------------------------------------------------------------------------------
A (January 20-May 31)........................... 1,067 42,260 8,354 51,682
B (September 1-November 1)...................... 18,708 13,899 19,074 51,682
---------------------------------------------------------------
Annual Total................................ 19,775 56,159 27,429 103,363
----------------------------------------------------------------------------------------------------------------
\1\ Area apportionments and seasonal allowances may not total precisely due to rounding.
\2\ As established by Sec. 679.23(d)(2)(i) through (ii), the A and B season allowances are available from
January 20 through May 31 and September 1 through November 1, respectively. The amounts of pollock for
processing by the inshore and offshore components are not shown in this table.
\3\ The West Yakutat and Southeast Outside District pollock TACs are not allocated by season and are not
included in the total pollock TACs shown in this table.
[[Page 78083]]
Proposed Annual and Seasonal Apportionments of Pacific Cod TAC
Pursuant to Sec. 679.20(a)(12)(i), NMFS proposes allocations for
the 2021 and 2022 Pacific cod TACs in the Western and Central
Regulatory Areas of the GOA among gear and operational sectors. NMFS
also proposes allocating the 2021 and 2022 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 (CPs)
using hook-and-line gear, CVs using trawl gear, CPs 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, CPs using
hook-and-line gear, CVs using trawl gear, CPs using trawl gear, and
vessels using pot gear (Sec. 679.20(a)(12)(i)(A)). The overall
seasonal apportionments of the annual TAC in the Western GOA are 63.84
percent to the A season and 36.16 percent to the B season, and in the
Central GOA are 64.16 percent to the A season and 35.84 percent 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
fishing year.
Pursuant to Sec. 679.20(a)(12)(i)(A) and (B), a portion of the
annual Pacific cod TACs in the Western and Central GOA will be
allocated to vessels with a Federal fisheries permit that use jig gear
before the TACs are apportioned among other non-jig sectors. In
accordance with the FMP, the annual jig sector allocations may increase
to up to 6 percent of the annual Western and Central GOA Pacific cod
TACs, depending on the annual performance of the jig sector (see Table
1 of Amendment 83 to the FMP for a detailed discussion of the jig
sector allocation process (76 FR 74670, December 1, 2011)). Jig sector
allocation increases are established for a minimum of two years.
NMFS has evaluated the historical harvest performance of the jig
sector in the Western and Central GOA, and proposes 2021 and 2022
Pacific cod apportionments to this sector based on its historical
harvest performance through 2019. For 2021 and 2022, NMFS proposes that
the jig sector receive 3.5 percent of the annual Pacific cod TAC in the
Western GOA. This includes a base allocation of 1.5 percent and an
additional performance increase of 2.0 percent. NMFS also proposes that
the jig sector receive 1.0 percent of the annual Pacific cod TAC in the
Central GOA. This includes a base allocation of 1.0 percent and no
additional performance increase. The 2014 through 2019 Pacific cod jig
allocations, catch, and percent allocation changes are listed in Figure
1.
Figure 1--Summary of Western GOA and Central GOA Pacific Cod Catch by Jig Gear in 2014 Through 2019, and Corresponding Percent Allocation Changes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent of
Area Year Initial Initial TAC Catch (mt) initial >90% of initial Change to percent
percent of TAC allocation allocation allocation? allocation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Western GOA.................. 2014 2.5 573 785 137 Y Increase 1%.
2015 3.5 948 55 6 N None.
2016 3.5 992 52 5 N Decrease 1%.
2017 2.5 635 49 8 N Decrease 1%.
2018 1.5 125 121 97 Y Increase 1%.
2019 2.5 134 134 100 Y Increase 1%.
Central GOA.................. 2014 2.0 797 262 33 N Decrease 1%.
2015 1.0 460 355 77 N None.
2016 1.0 370 267 72 N None.
2017 1.0 331 18 6 N None.
2018 1.0 61 0 0 N None.
2019 1.0 58 30 52 N None.
--------------------------------------------------------------------------------------------------------------------------------------------------------
For 2021 and 2022, NMFS proposes apportioning the jig sector
allocations for the Western and Central GOA between the A season (60
percent) and the B season (40 percent). This is the same jig sector
seasonal apportionments implemented in prior groundfish harvest
specifications for the GOA and is consistent with Amendment 83 to the
FMP (76 FR 44700; July 26, 2011). NMFS will not evaluate the 2020
performance of the jig sectors in the Western and Central GOA: Since
NMFS prohibited directed fishing for all Pacific cod sectors in 2020,
the catch for the jig sectors will not reach 90 percent of the initial
allocation required for a performance increase (84 FR 70438, December
23, 2019). As discussed earlier in this preamble, the directed fishing
prohibition was issued pursuant to Sec. 679.20(d)(4) and required
because the 2019 biological assessment of stock condition for Pacific
cod in the GOA projected that the spawning biomass in the GOA would be
below 20 percent of the projected unfished spawning biomass during
2020.
As discussed earlier in this preamble, NMFS published a final rule
(85 FR 38093, June 25, 2020) to implement Amendment 109 to the FMP.
With respect to Pacific cod, Amendment 109 revised the Pacific cod TAC
seasonal apportionments to the trawl CV sector by increasing the A
season allocation and decreasing the B season allocation, with the
intent of decreasing the annual underharvest of Pacific cod by this
sector. NMFS is incorporating the revised seasonal apportionments to
trawl CVs between the A and B seasons in accordance with regulatory
changes made under Amendment 109. The A season apportionment for trawl
CVs has increased to 31.54 percent and 25.29 percent in the Western and
Central Regulatory Areas of the GOA, respectively. The B season
apportionment for trawl CVs has decreased to 6.86 percent and 16.29
percent in the Western and Central Regulatory Areas of the GOA,
respectively. The seasonal allowances of
[[Page 78084]]
the trawl CV sector's annual TAC limit in the Western and Central
Regulatory Area of the GOA are revised to reflect the revised seasonal
apportionments. Table 3 lists these revisions in the trawl CV seasonal
apportionments and sets forth the seasonal apportionments and
allocations of the proposed 2021 and 2022 Pacific cod TACs.
Table 3--Proposed 2021 and 2022 Seasonal Apportionments and Allocations of Pacific Cod TAC Amounts in the GOA;
Allocations in the Western GOA and Central GOA Sectors, and the Eastern GOA 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-jig allowances annual non-jig allowances
TAC (mt) 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 CP............ 397 10.90 218 8.90 178
Trawl CV.................... 769 31.54 632 6.86 137
Trawl CP.................... 48 0.90 18 1.50 30
Pot CV and Pot CP........... 761 19.80 397 18.20 365
-------------------------------------------------------------------------------
Total................... 2,076 63.84 1,323 36.16 753
----------------------------------------------------------------------------------------------------------------
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 CP............ 192 4.11 155 1.00 38
Trawl CV \1\................ 1,567 25.29 953 16.29 614
Trawl CP.................... 158 2.00 75 2.19 83
Pot CV and Pot CP........... 1,048 17.83 672 9.97 376
-------------------------------------------------------------------------------
Total................... 3,806 64.16 2,440 35.84 1,366
----------------------------------------------------------------------------------------------------------------
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 Pacific cod TAC (see Table 28c to 50 CFR part 679). This apportionment is deducted from the
Trawl CV B season allowance (see Table 8: Apportionments of Rockfish Secondary Species in the Central GOA and
Table 28c to 50 CFR part 679).
Proposed Allocations of the Sablefish TAC Amounts to Vessels Using
Fixed Gear and Trawl Gear
Section 679.20(a)(4)(i) and (ii) requires allocations of sablefish
TACs for each of the regulatory areas and districts to fixed and trawl
gear. In the Western and Central Regulatory Areas, 80 percent of each
TAC is allocated to fixed gear, and 20 percent of each TAC is allocated
to trawl gear. In the Eastern Regulatory Area, 95 percent of the TAC is
allocated to fixed gear, and 5 percent is allocated to trawl gear. The
trawl gear allocation in the Eastern Regulatory Area may be used only
to support incidental catch of sablefish while directed fishing for
other target species using trawl gear (Sec. 679.20(a)(4)(i)).
In recognition of the prohibition against trawl gear in the SEO
District of the Eastern Regulatory Area, the Council recommended and
NMFS proposes specifying for incidental catch the allocation of 5
percent of the combined Eastern Regulatory Area sablefish TAC to trawl
gear in the WYK District of the Eastern Regulatory Area. The remainder
of the WYK District sablefish TAC is allocated to vessels using fixed
gear. This proposed action allocates 100 percent of the sablefish TAC
in the SEO District to vessels using fixed gear. This results in a
proposed 2021 allocation of 464 mt to trawl gear and 2,859 mt to fixed
gear in the WYK District, a proposed 2022 allocation of 5,963 mt to
fixed gear in the SEO District, and a proposed 2022 allocation of 464
mt to trawl gear in the WYK District. Table 4 lists the allocations of
the proposed 2021 sablefish TACs to fixed and trawl gear. Table 5 lists
the allocations of the proposed 2022 sablefish TACs to trawl gear.
The Council recommended that the trawl sablefish TAC be established
for two years so that retention of incidental catch of sablefish by
trawl gear could commence in January in the second year of the
groundfish harvest specifications. Tables 4 and 5 list the proposed
2021 and 2022 trawl allocations, respectively.
The Council also recommended that the fixed gear sablefish TAC be
established annually to ensure that the sablefish IFQ fishery is
conducted concurrently with the halibut IFQ fishery and is based on the
most recent survey information. Since there is an annual assessment for
sablefish and since the final harvest specifications are expected to be
published before the IFQ season begins (typically, in early March), the
Council recommended that the fixed gear sablefish TAC be set annually,
rather than for 2 years, so that the best available scientific
information could be considered in establishing the sablefish ABCs and
TACs. Accordingly, Table 4 lists the proposed 2021 fixed gear
allocations, and the 2022 fixed gear allocations will be specified in
the 2022 and 2023 harvest specifications.
With the exception of the trawl allocations that are provided to
the Rockfish Program (see Table 28c to 50 CFR part 679), directed
fishing for sablefish with trawl gear is closed during the fishing
year. Also, fishing for
[[Page 78085]]
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
2022 and 2023 harvest specifications.
Table 4--Proposed 2021 Sablefish TAC Amounts in the Gulf of Alaska and Allocations to Fixed and Trawl Gear
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Fixed gear Trawl
Area/district TAC allocation allocation
----------------------------------------------------------------------------------------------------------------
Western......................................................... 3,003 2,402 601
Central \1\..................................................... 9,963 7,970 1,993
West Yakutat \2\................................................ 3,323 2,859 464
Southeast Outside............................................... 5,963 5,963 0
-----------------------------------------------
Total....................................................... 22,252 19,195 3,058
----------------------------------------------------------------------------------------------------------------
\1\ The trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the Rockfish
Program cooperatives (1,025 mt). See Table 8: Apportionments of Rockfish Secondary Species in the Central GOA.
This results in 968 mt being available for the non-Rockfish Program trawl fisheries.
\2\ The proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West
Yakutat and Southeast Outside Districts combined) sablefish TAC to trawl gear in the West Yakutat District.
Table 5--Proposed 2022 Sablefish TAC Amounts in the Gulf of Alaska and Allocation to Trawl Gear \1\
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Fixed gear Trawl
Area/district TAC allocation allocation
----------------------------------------------------------------------------------------------------------------
Western......................................................... 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 harvest specifications for the fixed gear sablefish Individual Fishing Quota
fisheries be limited to 1 year.
\2\ The trawl allocation of sablefish to the Central Regulatory Area is further apportioned to the Rockfish
Program cooperatives (1,025 mt). See Table 8: 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 proposed trawl allocation is based on allocating 5 percent of the combined Eastern Regulatory Area (West
Yakutat and Southeast Outside Districts combined) sablefish TAC to trawl gear in the West Yakutat District.
Proposed Allocations, Apportionments, and Sideboard Limitations for the
Rockfish Program
These proposed 2021 and 2022 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 CPs, with limited participation by vessels using
longline gear. The Rockfish Program assigns quota share and cooperative
quota to trawl participants for primary species (Pacific ocean perch,
northern rockfish, and dusky rockfish) and secondary species (Pacific
cod, rougheye rockfish, sablefish, shortraker rockfish, and thornyhead
rockfish), allows a participant holding a license limitation program
(LLP) license with rockfish quota share to form a rockfish cooperative
with other persons, and allows holders of CP LLP licenses to opt out of
the fishery. The Rockfish Program also has an entry level fishery for
rockfish primary species for vessels using longline gear. Longline gear
includes hook-and-line, jig, troll, and handline gear.
Under the Rockfish Program, rockfish primary species in the Central
GOA are allocated to participants after deducting for incidental catch
needs in other directed fisheries (Sec. 679.81(a)(2)). Participants in
the Rockfish Program also receive a portion of the Central GOA TAC of
specific secondary species. In addition to groundfish species, the
Rockfish Program allocates a portion of the halibut PSC limit (191 mt)
from the third season deep-water species fishery allowance for the GOA
trawl fisheries to Rockfish Program participants (Sec. 679.81(d) and
Table 28d to 50 CFR part 679). The Rockfish Program also establishes
sideboard limits to restrict the ability of harvesters 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 2021
and 2022. The allocation for the entry level longline fishery may
increase incrementally each year if the catch exceeds 90 percent of the
allocation of a species. The incremental increase in the allocation
would continue each year until it reaches the maximum percentage of the
TAC for that species. In 2020, the catch for all three primary species
did not exceed 90 percent of any allocated rockfish species. Therefore,
NMFS is not proposing any increases to the entry level longline fishery
2021 and 2022 allocations in the Central GOA. The remainder of the TACs
for the rockfish primary species, after subtracting the incidental
catch amounts (ICAs), would be allocated to the CV and CP cooperatives
(Sec. 679.81(a)(2)(iii)). Table 6 lists the allocations of the
proposed 2021 and 2022 TACs for each rockfish primary species to the
entry level
[[Page 78086]]
longline fishery, the potential incremental increases for future years,
and the maximum percentages of the TACs for the entry level longline
fishery.
Table 6--Proposed 2021 and 2022 Allocations of Rockfish Primary Species to the Entry Level Longline Fishery in
the Central Gulf of Alaska
----------------------------------------------------------------------------------------------------------------
Incremental
increase in
Proposed 2021 2022 if >90
and 2022 percent of Up to maximum
Rockfish primary species allocations 2021 percent of
[metric tons] allocation is each TAC of:
harvested
[metric tons]
----------------------------------------------------------------------------------------------------------------
Pacific ocean perch............................................. 5 5 1
Northern rockfish............................................... 5 5 2
Dusky rockfish.................................................. 50 20 5
----------------------------------------------------------------------------------------------------------------
Section 679.81 requires allocations of rockfish primary species
among various sectors of the Rockfish Program. Table 7 lists the
proposed 2021 and 2022 allocations of rockfish primary species in the
Central GOA to the entry level longline fishery, and rockfish CV and CP
cooperatives in the Rockfish Program. NMFS also proposes setting aside
incidental catch amounts (ICAs) for other directed fisheries in the
Central GOA of 3,000 mt of Pacific ocean perch, 300 mt of northern
rockfish, and 250 mt of dusky rockfish. These amounts are based on
recent average incidental catches in the Central GOA by other
groundfish fisheries.
Allocations among vessels belonging to CV or CP cooperatives are
not included in these proposed harvest specifications. Rockfish Program
applications for CV cooperatives and CP cooperatives are not due to
NMFS until March 1 of each calendar year; therefore, NMFS cannot
calculate 2021 and 2022 allocations in conjunction with these proposed
harvest specifications. NMFS will post the 2021 allocations on the
Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports#central-goa-rockfish when they become available after March 1.
Table 7--Proposed 2021 and 2022 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]
----------------------------------------------------------------------------------------------------------------
Incidental Allocation to Allocation to
Central GOA catch the entry the rockfish
Rockfish primary species TAC allowance TAC minus ICA level longline cooperatives
(ICA) \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 (Sec. 679.2).
\2\ Rockfish cooperatives include vessels in CV and CP cooperatives (Sec. 679.81).
Section 679.81(c) and Table 28c to 50 CFR part 679 requires
allocations of rockfish secondary species to CV and CP cooperatives in
the Central GOA. CV cooperatives receive allocations of Pacific cod,
sablefish from the trawl gear allocation, and thornyhead rockfish. CP
cooperatives receive allocations of sablefish from the trawl gear
allocation, rougheye and blackspotted rockfish, shortraker rockfish,
and thornyhead rockfish. Table 8 lists the apportionments of the
proposed 2021 and 2022 TACs of rockfish secondary species in the
Central GOA to CV and CP cooperatives.
Table 8--Proposed 2021 and 2022 Apportionments of Rockfish Secondary Species in the Central GOA to Catcher
Vessel and Catcher/Processor Cooperatives
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Catcher vessel cooperatives Catcher/processor cooperatives
Central GOA ---------------------------------------------------------------
Rockfish secondary species annual TAC Percentage of Apportionment Percentage of Apportionment
TAC (mt) TAC (mt)
----------------------------------------------------------------------------------------------------------------
Pacific cod..................... 3,806 3.81 145 0.0 0
Sablefish....................... 9,963 6.78 675 3.51 350
Shortraker rockfish............. 284 0.0 0 40.00 114
[[Page 78087]]
Rougheye and blackspotted 455 0.0 0 58.87 268
rockfish.......................
Thornyhead rockfish............. 911 7.84 71 26.50 241
----------------------------------------------------------------------------------------------------------------
Halibut PSC Limits
Section 679.21(d) establishes annual halibut PSC limit
apportionments to trawl and hook-and-line gear, and authorizes the
establishment of apportionments for pot gear. In October 2020, the
Council recommended, and NMFS proposes, halibut PSC limits of 1,706 mt
for trawl gear, 257 mt for hook-and-line gear, and 9 mt for the
demersal shelf rockfish (DSR) fishery in the SEO District for both 2021
and 2022.
The DSR fishery in the SEO District is defined at Sec.
679.21(d)(2)(ii)(A). This fishery is apportioned 9 mt of the halibut
PSC limit in recognition of its small-scale harvests of groundfish
(Sec. 679.21(d)(2)(i)(A)). The separate halibut PSC limit for the DSR
fishery is intended to prevent that fishery from being impacted from
the halibut PSC incurred by other GOA fisheries. NMFS estimates low
halibut bycatch in the DSR fishery because (1) the duration of the DSR
fisheries and the gear soak times are short, (2) the DSR fishery occurs
in the winter when there is less overlap in the distribution of DSR and
halibut, and (3) the directed commercial DSR fishery has a low DSR TAC.
The Alaska Department of Fish and Game sets the commercial GHL for the
DSR fishery after deducting (1) estimates of DSR incidental catch in
all fisheries (including halibut and subsistence); and (2) the
allocation to the DSR sport fish fishery. In 2020, the commercial
fishery for DSR was closed due to concerns about declining DSR biomass.
The FMP authorizes the Council to exempt specific gear from the
halibut PSC limits. NMFS, after consultation with the Council, proposes
to exempt pot gear, jig gear, and the sablefish IFQ hook-and-line gear
fishery categories from the non-trawl halibut PSC limit for 2021 and
2022. The Council recommended, and NMFS is proposing, these exemptions
because (1) pot gear fisheries have low annual halibut bycatch
mortality; (2) IFQ program regulations prohibit discard of halibut if
any halibut IFQ permit holder on board a CV holds unused halibut IFQ
for that vessel category and the IFQ regulatory area in which the
vessel is operating (Sec. 679.7(f)(11)); (3) some sablefish IFQ permit
holders hold halibut IFQ permits and are therefore required to retain
the halibut they catch while fishing sablefish IFQ; and (4) NMFS
estimates negligible halibut mortality for the jig gear fisheries given
the small amount of groundfish harvested by jig gear, the selective
nature of jig gear, and the high survival rates of halibut caught and
released with jig gear.
The best available information on estimated halibut bycatch
consists of data collected by fisheries observers during 2020. The
calculated halibut bycatch mortality through October 24, 2020 is 756 mt
for trawl gear and 2 mt for hook-and-line gear, for a total halibut
mortality of 758 mt. This halibut mortality was calculated using
groundfish and IFQ 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 and IFQ
halibut fishery.
Section 679.21(d)(4)(i) and (ii) authorizes NMFS to seasonally
apportion the halibut PSC limits after consultation with the Council.
The FMP and regulations require that the Council and NMFS consider the
following information in seasonally apportioning halibut PSC limits:
(1) Seasonal distribution of halibut, (2) seasonal distribution of
target groundfish species relative to halibut distribution, (3)
expected halibut bycatch needs on a seasonal basis relative to changes
in halibut biomass and expected catch of target groundfish species, (4)
expected bycatch rates on a seasonal basis, (5) expected changes in
directed groundfish fishing seasons, (6) expected actual start of
fishing effort, and (7) economic effects of establishing seasonal
halibut allocations on segments of the target groundfish industry.
Based on public comment, information presented in the 2019 SAFE report,
NMFS catch data, State catch data, or International Pacific Halibut
Commission (IPHC) stock assessment and mortality data, the Council may
recommend or NMFS may make changes to the seasonal, gear-type, or
fishery category apportionments of halibut PSC limits for the final
2021 and 2022 harvest specifications pursuant to Sec. 679.21(d)(1) and
(d)(4).
The final 2020 and 2021 harvest specifications (85 FR 13802, March
10, 2020) summarized the Council's and NMFS's findings for these FMP
and regulatory considerations with respect to halibut PSC limits. The
Council's and NMFS's proposed findings for these proposed 2021 and 2022
harvest specifications are unchanged from the final 2020 and 2021
harvest specifications. Table 9 lists the proposed 2021 and 2022
Pacific halibut PSC limits, allowances, and apportionments. The halibut
PSC limits in these tables reflect the halibut PSC limits set forth at
Sec. 679.21(d)(2) and (3). Section 679.21(d)(4)(iii) and (iv)
specifies that any underages or overages of a seasonal apportionment of
a halibut PSC limit will be added to or deducted from the next
respective seasonal apportionment within the fishing year.
[[Page 78088]]
Table 9--Proposed 2021 and 2022 Pacific Halibut PSC Limits, Allowances, and Apportionments
[Values are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl gear Hook-and-line gear \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other than DSR DSR
Season Percent Amount -----------------------------------------------------------------------------------------
Season Percent Amount Season Amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
January 20-April 1...................... 30.5 519 January 1-June 10.......... 86 221 January 1-December 31..... 9
April 1-July 1.......................... 20 341 June 10-September 1........ 2 5
July 1-August 1......................... 27 462 September 1-December 31.... 12 31
August 1-October 1...................... 7.5 128
October 1-December 31................... 15 256
---------------------------------------------------------------------------------------------------------------
Total............................... ......... 1,706 ........................... ......... 257 .......................... 9
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The Pacific halibut prohibited species catch (PSC) limit for hook-and-line gear is allocated to the demersal shelf rockfish (DSR) fishery in the SEO
District and to hook-and-line fisheries other than the DSR fishery. The Council recommended and NMFS proposes that the hook-and-line sablefish
fishery, and the pot and jig gear groundfish fisheries, be exempt from halibut PSC limits.
Section 679.21(d)(3)(ii) authorizes further apportionment of the
trawl halibut PSC limit as bycatch allowances to trawl fishery
categories listed in Sec. 679.21(d)(3)(iii). The annual apportionments
are based on each category's share of the anticipated halibut bycatch
mortality during a fishing year and optimization of the total amount of
groundfish harvest under the halibut PSC limit. The fishery categories
for the trawl halibut PSC limits are (1) a deep-water species fishery,
composed of sablefish, rockfish, deep-water flatfish, rex sole, and
arrowtooth flounder; and (2) a shallow-water species fishery, composed
of pollock, Pacific cod, shallow-water flatfish, flathead sole, Atka
mackerel, skates, and ``other species'' (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
in part of the second season deep-water and shallow-water species
fisheries for use in either fishery from May 15 through June 30 (Sec.
679.21(d)(4)(iii)(D)). This is intended to maintain groundfish harvest
while minimizing halibut bycatch by these sectors to the extent
practicable. This provides the trawl gear deep-water and shallow-water
species fisheries additional flexibility and the incentive to
participate in fisheries at times of the year that may have lower
halibut PSC rates relative to other times of the year.
Table 10 lists the proposed 2021 and 2022 seasonal apportionments
of trawl halibut PSC limits between the trawl gear deep-water and the
shallow-water species fisheries.
Table 28d to 50 CFR part 679 specifies the amount of the trawl
halibut PSC limit that is assigned to the CV and CP sectors that are
participating in the Central GOA Rockfish Program. This includes 117 mt
of halibut PSC limit to the CV sector and 74 mt of halibut PSC limit to
the CP sector. These amounts are allocated from the trawl deep-water
species fishery's halibut PSC third seasonal apportionment. After the
combined CV and CP 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 for the last seasonal
apportionment 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 10--Proposed 2021 and 2022 Apportionment of the Pacific Halibut PSC Limits Between the Trawl Gear Shallow-
Water and Deep-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
-----------------------------------------------
Total....................................................... .............. .............. 1,706
----------------------------------------------------------------------------------------------------------------
\1\ Vessels participating in cooperatives in the Rockfish Program will receive 191 mt of the third season (July
1 through August 1) deep-water species fishery halibut PSC apportionment.
\2\ There is no apportionment between trawl shallow-water and deep-water species fisheries during the fifth
season (October 1 through December 31).
[[Page 78089]]
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 CPs 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 CP 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 CP 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 2021 and 2022, 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 CP hook-and-line sectors.
Additionally, the annual halibut PSC limits for both the CV and CP
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 2021 and 2022, NMFS proposes annual halibut PSC limits of 144
mt and 113 mt to the hook-and-line CV and hook-and-line CP sectors,
respectively. Table 11 lists the proposed 2021 and 2022 apportionments
of halibut PSC limits between the hook-and-line CV and the hook-and-
line CP 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 CP
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 11--Proposed 2021 and 2022 Apportionments of the ``Other Hook-and-Line Fisheries'' Annual Halibut PSC
Allowance Between the Hook-and-Line Gear Catcher Vessel and Catcher/Processor Sectors
[Values are in metric tons]
----------------------------------------------------------------------------------------------------------------
Sector
``Other than DSR'' allowance Hook-and-line Sector annual Season Seasonal seasonal
sector amount percentage amount
----------------------------------------------------------------------------------------------------------------
257.......................... Catcher Vessel.. 144 January 1-June 86 124
10. 2 3
June 10- 12 17
September 1.
September 1-
December 31.
Catcher/ 113 January 1-June 86 97
Processor. 10. 2 2
June 10- 12 14
September 1.
September 1-
December 31.
----------------------------------------------------------------------------------------------------------------
Halibut Discard Mortality Rates
To monitor halibut bycatch mortality allowances and apportionments,
the Regional Administrator uses observed halibut incidental catch
rates, halibut discard mortality rates (DMRs), and estimates of
groundfish catch to project when a fishery's halibut bycatch mortality
allowance or seasonal apportionment is reached. Halibut incidental
catch rates are based on observers' estimates of halibut incidental
catch in the groundfish fishery. DMRs are estimates of the proportion
of incidentally caught halibut that do not survive after being returned
to the sea. The cumulative halibut mortality that accrues to a
particular halibut PSC limit is the product of a DMR multiplied by the
estimated halibut PSC. DMRs are estimated using the best scientific
information available in conjunction with the annual GOA stock
assessment process. The DMR methodology and findings are included as an
appendix to the annual GOA groundfish SAFE report.
In 2016, the DMR estimation methodology underwent revisions per the
Council's directive. An interagency halibut working group (IPHC,
Council, and NMFS staff) developed improved estimation methods that
have undergone review by the Plan Team, the SSC, and the Council. A
summary of the revised methodology is contained in the GOA proposed
2017 and 2018 harvest specifications (81 FR 87881, December 6, 2016),
and the comprehensive discussion of the working group's statistical
methodology is available from the Council (see ADDRESSES). The DMR
working group's revised methodology is intended to improve estimation
accuracy, transparency, and transferability for calculating DMRs. The
working group will continue to consider improvements to the methodology
used to calculate halibut mortality, including potential changes to the
reference period (the period of data used for calculating the DMRs).
Future DMRs may change based on additional years of observer sampling,
which could provide more recent and accurate data and which could
improve the accuracy of estimation and progress on methodology. The
methodology will continue to ensure that NMFS is using DMRs that more
accurately reflect halibut mortality, which will inform the different
sectors of their estimated halibut mortality and allow specific sectors
to respond with methods that could reduce mortality and, eventually,
the DMR for that sector.
In October 2020, the Council recommended halibut DMRs derived from
the revised methodology for the proposed 2021 and 2022 DMRs. The
proposed 2021 and 2022 DMRs use an updated two-year reference period.
Comparing the proposed 2021 and 2022 DMRs to the final DMRs from the
final 2020 and 2021 harvest specifications, the proposed DMR for
Rockfish Program CVs using non-pelagic trawl gear
[[Page 78090]]
increased to 60 percent from 52 percent, the proposed DMR for non-
Rockfish Program C/Vs using non-pelagic trawl gear increased to 69
percent from 68 percent, the proposed DMR for CPs and motherships using
non-pelagic trawl gear increased to 84 percent from 75 percent, the
proposed DMR for CPs using hook-and-line gear increased to 15 percent
from 11 percent, and the proposed DMR for CPs and CVs using pot gear
increased to 10 percent from 0 percent. Table 12 lists the proposed
2021 and 2022 DMRs.
Table 12--Proposed 2021 and 2022 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........ 60
Catcher vessel................ All others.............. 69
Mothership and catcher/ All..................... 84
processor.
Hook-and-line......................... Catcher/processor............. All..................... 15
Catcher vessel................ All..................... 13
Pot................................... Catcher vessel and catcher/ All..................... 10
processor.
----------------------------------------------------------------------------------------------------------------
Chinook Salmon Prohibited Species Catch Limits
Section 679.21(h)(2) establishes separate Chinook salmon PSC limits
in the Western and Central regulatory areas of the GOA in the trawl
pollock directed fishery. These limits require that NMFS close directed
fishing for pollock in the Western and Central GOA if the applicable
Chinook salmon PSC limit is reached (Sec. 679.21(h)(8)). The annual
Chinook salmon PSC limits in the trawl pollock directed fishery of
6,684 salmon in the Western GOA and 18,316 salmon in the Central GOA
are set in Sec. 679.21(h)(2)(i) and (ii).
Section 679.21(h)(3) established an initial annual PSC limit of
7,500 Chinook salmon for the non-pollock groundfish trawl fisheries in
the Western and Central GOA. This limit is apportioned among three
sectors directed fishing for groundfish species other than pollock:
3,600 Chinook salmon to trawl CPs; 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 GOA groundfish fisheries and close an applicable sector if
it reaches its Chinook salmon PSC limit.
The Chinook salmon PSC limit for two sectors, trawl CPs and trawl
CVs not participating in the Rockfish Program, may be increased in
subsequent years based on the performance of these two sectors and
their ability to minimize their use of their respective Chinook salmon
PSC limits. If either or both of these two sectors limit its use of
Chinook salmon PSC to a certain threshold amount in 2020 (3,120 for
trawl CPs and 2,340 for non-Rockfish Program trawl CVs), that sector
will receive an increase to its 2021 Chinook salmon PSC limit (4,080
for trawl CPs and 3,060 for non-Rockfish Program trawl CVs) (Sec.
679.21(h)(4)). NMFS will evaluate the annual Chinook salmon PSC by
trawl CPs and non-Rockfish Program trawl CVs when the 2020 fishing year
is complete to determine whether to increase the Chinook salmon PSC
limits for these two sectors. Based on preliminary 2020 Chinook salmon
PSC data, the trawl CP sector may receive an incremental increase of
Chinook salmon PSC limit in 2021, and the non-Rockfish Program trawl CV
sector may receive an incremental increase of Chinook salmon PSC limit
in 2021. This evaluation will be completed in conjunction with the
final 2021 and 2022 harvest specifications.
American Fisheries Act (AFA) Catcher/Processor and Catcher Vessel
Groundfish Harvest and PSC Limits
Section 679.64 establishes groundfish harvesting and processing
sideboard limits on AFA CPs 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 CPs and CPs
designated on a listed AFA CP permit from harvesting any species of
fish in the GOA. Additionally, Sec. 679.7(k)(1)(iv) prohibits listed
AFA CPs and CPs designated on a listed AFA CP permit from processing
any pollock harvested in a directed pollock fishery in the GOA and any
groundfish harvested in Statistical Area 630 of the GOA.
AFA CVs that are less than 125 feet (38.1 meters) length overall,
have annual landings of pollock in the Bering Sea and Aleutian Islands
of less than 5,100 mt, and have made at least 40 landings of GOA
groundfish from 1995 through 1997 are exempt from GOA CV groundfish
sideboard limits under Sec. 679.64(b)(2)(ii). Sideboard limits for
non-exempt AFA CVs in the GOA are based on their traditional harvest
levels of TAC in groundfish fisheries covered by the FMP. Section
679.64(b)(3)(iv) establishes the CV groundfish sideboard limits in the
GOA based on the aggregate retained catch by non-exempt AFA CVs of each
sideboard species from 1995 through 1997 divided by the TAC for that
species over the same period.
NMFS published a final rule (84 FR 2723, February 8, 2019) that
implemented regulations to prohibit non-exempt AFA CVs from directed
fishing for specific groundfish species or species groups subject to
sideboard limits (Sec. 679.20(d)(1)(iv)(D) and Table 56 to 50 CFR part
679). Sideboard limits not subject to the final rule continue to be
calculated and included in the GOA annual harvest specifications.
Table 13 lists the proposed 2021 and 2022 groundfish sideboard
limits for non-exempt AFA CVs. NMFS will deduct all targeted or
incidental catch of sideboard species made by non-exempt AFA CVs from
the sideboard limits listed in Table 13.
[[Page 78091]]
Table 13--Proposed 2021 and 2022 GOA Non-Exempt American Fisheries Act Catcher Vessel (CV) Groundfish Sideboard Limits
[Values are rounded to the nearest metric ton]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Ratio of 1995- Proposed 2021
1997 non- Proposed 2021 and 2022 non-
Species Apportionments by season/gear Area/component exempt AFA CV and 2022 TACs exempt AFA CV
catch to 1995- \3\ sideboard
1997 TAC limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock.................................. A Season; January 20-May 31..... Shumagin (610)............. 0.6047 1,067 645
Chirikof (620)............. 0.1167 42,260 4,932
Kodiak (630)............... 0.2028 8,354 1,694
B Season; September 1-November 1 Shumagin (610)............. 0.6047 18,708 11,313
Chirikof (620)............. 0.1167 13,899 1,622
Kodiak (630)............... 0.2028 19,074 3,868
Annual.......................... WYK (640).................. 0.3495 5,728 2,002
SEO (650).................. 0.3495 10,148 3,547
Pacific cod.............................. A Season \1\; January 1-June 10. W.......................... 0.1331 1,323 176
C.......................... 0.0692 2,440 169
B Season \2\; September 1- W.......................... 0.1331 753 100
December 31. C.......................... 0.0692 1,366 95
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
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 14 lists the proposed 2021 and 2022
non-exempt AFA CV halibut PSC limits for vessels using trawl gear in
the GOA.
Table 14--Proposed 2021 and 2022 Non-Exempt AFA CV Halibut PSC Sideboard Limits for Vessels Using Trawl Gear in
the GOA
[PSC limits are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Ratio of 1995-
1997 non- Proposed 2021
Fishery exempt AFA CV Proposed 2021 and 2022 non-
Season Season dates category retained catch and 2022 PSC exempt AFA CV
to total limit PSC limit
retained catch
----------------------------------------------------------------------------------------------------------------
1............................ January 20-April shallow-water.. 0.340 384 131
1. 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 shallow-water.. 0.340 53 18
1. deep-water..... 0.070 75 5
5............................ October 1- all targets.... 0.205 256 52
December 31.
----------------------------------------------------------------------------------------------------------------
Annual Total shallow- .............. .............. 219
water.
----------------------------------------------------------------
................ Total deep- .............. .............. 56
water.
----------------------------------------------------------------
................ Grand Total, all seasons and 1,706 328
categories
----------------------------------------------------------------------------------------------------------------
[[Page 78092]]
Non-AFA Crab Vessel Groundfish Harvest Limitations
Section 680.22 establishes groundfish sideboard limits for vessels
with a history of participation in the Bering Sea snow crab fishery to
prevent these vessels from using the increased flexibility provided by
the Crab Rationalization (CR) Program to expand their level of
participation in the GOA groundfish fisheries. Sideboard harvest limits
restrict these vessels' catch to their collective historical landings
in each GOA groundfish fishery (except the fixed-gear sablefish
fishery). Sideboard limits also apply to landings made using an LLP
license derived from the history of a restricted vessel, even if that
LLP license is used on another vessel.
The basis for these sideboard harvest limits is described in detail
in the final rules implementing the major provisions of the CR Program,
including Amendments 18 and 19 to the Fishery Management Plan for
Bering Sea/Aleutian Islands King and Tanner Crabs (Crab FMP) (70 FR
10174, March 2, 2005), Amendment 34 to the Crab FMP (76 FR 35772, June
20, 2011), Amendment 83 to the GOA FMP (76 FR 74670, December 1, 2011),
and Amendment 45 to the Crab FMP (80 FR 28539, May 19, 2015). Also,
NMFS published a final rule (84 FR 2723, February 8, 2019) that
implemented regulations to prohibit non-AFA crab vessels from directed
fishing for all groundfish species or species groups subject to
sideboard limits, except for Pacific cod apportioned to CVs using pot
gear in the Western and Central Regulatory Areas (Sec.
680.22(e)(1)(iii)). Accordingly, the GOA annual harvest specifications
will include only the non-AFA crab vessel groundfish sideboard limits
for Pacific cod apportioned to CVs using pot gear in the Western and
Central Regulatory Areas.
Table 15 lists the proposed 2021 and 2022 groundfish sideboard
limits for non-AFA crab vessel. All targeted or incidental catch of
sideboard species made by non-AFA crab vessels or associated LLP
licenses will be deducted from these sideboard limits.
Table 15--Proposed 2021 and 2022 GOA Non-American Fisheries Act Crab Vessel Groundfish Sideboard Limits
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Ratio of 1996- Proposed 2021
2000 non-AFA and 2022 non-
Area/component/ crab vessel Proposed 2021 AFA crab
Species Season/gear gear catch to 1996- and 2022 TACs vessel
2000 total sideboard
harvest limit
----------------------------------------------------------------------------------------------------------------
Pacific cod.................. A Season; Western Pot CV. 0.0997 1,323 132
January 1-June Central Pot CV. 0.0474 2,440 116
10.
B Season; Western Pot CV. 0.0997 753 75
September 1- Central Pot CV. 0.0474 1,366 65
December 31.
----------------------------------------------------------------------------------------------------------------
Rockfish Program Groundfish Sideboard and Halibut PSC Limitations
The Rockfish Program establishes three classes of sideboard
provisions: CV groundfish sideboard restrictions, CP rockfish sideboard
restrictions, and CP opt-out vessel sideboard restrictions (Sec.
679.82(c)(1)). These sideboards are intended to limit the ability of
rockfish harvesters to expand into other fisheries.
CVs participating in the Rockfish Program may not participate in
directed fishing for dusky rockfish, Pacific ocean perch, and northern
rockfish in the Western GOA and West Yakutat District from July 1
through July 31. Also, CVs may not participate in directed fishing for
arrowtooth flounder, deep-water flatfish, and rex sole in the GOA from
July 1 through July 31 (Sec. 679.82(d)).
CPs participating in Rockfish Program cooperatives are restricted
by rockfish and halibut PSC sideboard limits. These CPs are prohibited
from directed fishing for dusky rockfish, Pacific ocean perch, and
northern rockfish in the Western GOA and West Yakutat District from
July 1 through July 31 (Sec. 679.82(e)(2)). Holders of CP-designated
LLP licenses that opt out of participating in a Rockfish Program
cooperative will be able to access that portion of each rockfish
sideboard limits that is not assigned to Rockfish Program cooperatives
(Sec. 679.82(e)(7)). The sideboard ratio for each rockfish fishery in
the Western GOA and West Yakutat District is set forth in Sec.
679.82(e)(4). Table 16 lists the proposed 2021 and 2022 Rockfish
Program CP rockfish sideboard limits in the Western GOA and West
Yakutat District. Due to confidentiality requirements associated with
fisheries data, the sideboard limits for the West Yakutat District are
not displayed.
Table 16--Proposed 2021 and 2022 Rockfish Program Sideboard Limits for the Western GOA and West Yakutat District
by Fishery for the Catcher/Processor (CP) Sector
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Proposed 2021 and
Area Fishery CP sector (% of Proposed 2021 2022 CP sideboard
TAC) and 2022 TACs limit
----------------------------------------------------------------------------------------------------------------
Western GOA...................... Dusky rockfish..... 72.3............... 759 549
Pacific ocean perch 50.6............... 1,379 698
Northern rockfish.. 74.3............... 1,079 802
West Yakutat District............ Dusky rockfish..... Confidential \1\... 113 Confidential \1\
Pacific ocean perch Confidential \1\... 1,410 Confidential \1\
----------------------------------------------------------------------------------------------------------------
\1\ Not released due to confidentiality requirements associated with fish ticket data, as established by NMFS
and the State of Alaska.
[[Page 78093]]
Under the Rockfish Program, the CP sector is subject to halibut PSC
sideboard limits for the trawl deep-water and shallow-water species
fisheries from July 1 through July 31 (Sec. 679.82(e)(3) and (e)(5)).
Halibut PSC sideboard ratios by fishery are set forth in Sec.
679.82(e)(5). No halibut PSC sideboard limits apply to the CV sector,
as vessels participating in a rockfish cooperative receive a portion of
the annual halibut PSC limit. CPs that opt out of the Rockfish Program
would be able to access that portion of the deep-water and shallow-
water halibut PSC sideboard limit not assigned to CP rockfish
cooperatives. The sideboard provisions for CPs 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 CPs have opted-out of the Rockfish Program in
2021, and will know the ratios and amounts used to calculate opt-out
sideboard ratios. NMFS will then calculate any applicable opt-out
sideboard limits for 2021 and post these limits on the Alaska Region
website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-fisheries-management-reports#central-goa-rockfish. Table 17
lists the proposed 2021 and 2022 Rockfish Program halibut PSC sideboard
limits for the CP sector.
Table 17--Proposed 2021 and 2022 Rockfish Program Halibut PSC Sideboard Limits for the Catcher/Processor Sector
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Shallow-water Deep-water
species species Annual shallow- Annual deep-
fishery fishery water species water species
Sector halibut PSC halibut PSC Annual halibut fishery fishery
sideboard sideboard PSC limit (mt) halibut PSC halibut PSC
ratio ratio sideboard sideboard
(percent) (percent) limit (mt) limit (mt)
----------------------------------------------------------------------------------------------------------------
Catcher/processor............... 0.10 2.50 1,706 2 43
----------------------------------------------------------------------------------------------------------------
Amendment 80 Program Groundfish and PSC Sideboard Limits
Amendment 80 to the Fishery Management Plan for Groundfish of the
Bering Sea and Aleutian Islands Management Area (Amendment 80 Program)
established a limited access privilege program for the non-AFA trawl CP
sector. The Amendment 80 Program established groundfish and halibut PSC
limits for Amendment 80 Program participants to limit the ability of
participants eligible for the Amendment 80 Program to expand their
harvest efforts in the GOA.
Section 679.92 establishes groundfish harvesting sideboard limits
on all Amendment 80 Program vessels, other than the F/V Golden Fleece,
to amounts no greater than the limits shown in Table 37 to 50 CFR part
679. Under Sec. 679.92(d), the F/V Golden Fleece is prohibited from
directed fishing for pollock, Pacific cod, Pacific ocean perch, dusky
rockfish, and northern rockfish in the GOA.
Groundfish sideboard limits for Amendment 80 Program vessels
operating in the GOA are based on their average aggregate harvests from
1998 through 2004 (72 FR 52668, September 14, 2007). Table 18 lists the
proposed 2021 and 2022 groundfish sideboard limits for Amendment 80
Program vessels. NMFS will deduct all targeted or incidental catch of
sideboard species made by Amendment 80 Program vessels from the
sideboard limits in Table 18.
Table 18--Proposed 2021 and 2022 GOA Groundfish Sideboard Limits for Amendment 80 Program Vessels
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Proposed 2021
Ratio of and 2022
amendment 80 Proposed 2021 Amendment 80
Species Season Area sector vessels and 2022 TAC vessel
1998-2004 (mt) sideboard
catch to TAC limits (mt)
----------------------------------------------------------------------------------------------------------------
Pollock...................... A Season; Shumagin (610). 0.003 1,067 3
January 20-May Chirikof (620). 0.002 42,260 85
31. Kodiak (630)... 0.002 8,354 17
B Season; Shumagin (610). 0.003 18,708 56
September 1- Chirikof (620). 0.002 13,899 28
November 1. Kodiak (630)... 0.002 19,074 38
Annual.......... WYK (640)...... 0.002 5,728 11
Pacific cod.................. A Season \1\; W.............. 0.020 1,323 26
January 1-June C.............. 0.044 2,440 107
10.
B Season \2\; W.............. 0.020 753 15
September 1- C.............. 0.044 1,366 60
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 78094]]
The halibut PSC sideboard limits for Amendment 80 Program vessels
in the GOA are based on the historical use of halibut PSC by Amendment
80 Program vessels in each PSC target category from 1998 through 2004.
These values are slightly lower than the average historical use to
accommodate two factors: allocation of halibut PSC cooperative quota
under the Rockfish Program and the exemption of the F/V Golden Fleece
from this restriction (Sec. 679.92(b)(2)). Table 19 lists the proposed
2021 and 2022 halibut PSC sideboard limits for Amendment 80 Program
vessels. These tables incorporate the maximum percentages of the
halibut PSC sideboard limits that may be used by Amendment 80 Program
vessels as contained in Table 38 to 50 CFR part 679. Any residual
amount of a seasonal Amendment 80 halibut PSC sideboard limit may carry
forward to the next season limit (Sec. 679.92(b)(2)).
Table 19--Proposed 2021 and 2022 Halibut PSC Sideboard Limits for Amendment 80 Program Vessels in the GOA
[Values are rounded to the nearest metric ton]
----------------------------------------------------------------------------------------------------------------
Historic Proposed 2021
Amendment 80 Proposed 2021 and 2022
Fishery use of the and 2022 Amendment 80
Season Season dates category annual halibut annual PSC vessel PSC
PSC limit limit (mt) sideboard
(ratio) limit (mt)
----------------------------------------------------------------------------------------------------------------
1............................ January 20 - shallow-water.. 0.0048 1,706 8
April 1. 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 shallow-water.. 0.0074 1,706 13
1. deep-water..... 0.0014 1,706 2
5............................ October 1- shallow-water.. 0.0227 1,706 39
December 31. deep-water..... 0.0371 1,706 63
----------------------------------------------------------------------------------------------------------------
Annual Total shallow- .............. .............. 117
water.
----------------------------------------------------------------------------------
Total deep- .............. .............. 357
water.
----------------------------------------------------------------------------------
Grand Total, all seasons and categories 474
----------------------------------------------------------------------------------------------------------------
Classification
NMFS has determined that the proposed harvest specifications are
consistent with the FMP and preliminarily determined that the proposed
harvest specifications are consistent with the Magnuson-Stevens Act and
other applicable laws, subject to further review after public comment.
This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Order 12866.
NMFS prepared an EIS for the Alaska groundfish harvest
specifications and alternative harvest strategies (see ADDRESSES) and
made it available to the public on January 12, 2007 (72 FR 1512). On
February 13, 2007, NMFS issued the ROD for the Final EIS. A SIR is
being prepared for the final 2021 and 2022 harvest specifications to
provide a subsequent assessment of the action and to address the need
to prepare a Supplemental EIS (40 CFR 1501.11(b); Sec. 1502.9(d)(1)).
Copies of the Final EIS, ROD, and annual SIRs for this action are
available from NMFS (see ADDRESSES). The Final EIS analyzes the
environmental, social, and economic consequences of the proposed
groundfish harvest specifications and alternative harvest strategies on
resources in the action area. Based on the analysis in the Final EIS,
NMFS concluded that the preferred Alternative (Alternative 2) provides
the best balance among relevant environmental, social, and economic
considerations and allows for continued management of the groundfish
fisheries based on the most recent, best scientific information.
Initial Regulatory Flexibility Analysis
This Initial Regulatory Flexibility Analysis (IRFA) was prepared
for this proposed rule, as required by Section 603 of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 603), to describe the economic impact
that this proposed rule, if adopted, would have on small entities. The
IRFA describes the action; the reasons why this proposed rule is
proposed; the objectives and legal basis for this proposed rule; the
estimated number and description of directly regulated small entities
to which this proposed rule would apply; the recordkeeping, reporting,
and other compliance requirements of this proposed rule; and the
relevant Federal rules that may duplicate, overlap, or conflict with
this proposed rule. The IRFA also describes significant alternatives to
this proposed rule that would accomplish the stated objectives of the
Magnuson-Stevens Act, and any other applicable statutes, and that would
minimize any significant economic impact of this proposed rule on small
entities. The description of the proposed action, its purpose, and the
legal basis are explained earlier in the preamble and are not repeated
here.
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 receipts not in excess of $11 million for all its
affiliated operations worldwide. A shoreside processor primarily
involved in seafood processing (NAICS code 311710) is
[[Page 78095]]
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 employment, counting all
individuals employed on a full-time, part-time, or other basis, not in
excess of 750 employees for all its affiliated operations worldwide.
Number and Description of Small Entities Regulated by This Proposed
Rule
The entities directly regulated by the groundfish harvest
specifications include: a) entities operating vessels with groundfish
Federal fisheries permits (FFPs) catching FMP groundfish in Federal
waters (including those receiving direction allocations of groundfish);
b) all entities operating vessels, regardless of whether they hold
groundfish FFPs, catching FMP groundfish in the state-waters parallel
fisheries; and c) all entities operating vessels fishing for halibut
inside three miles of the shore (whether or not they have FFPs).
In 2019 (the most recent year of complete data), there were 871
individual CVs and CPs with gross revenues less than or equal to $11
million. This estimate does not account for corporate affiliations
among vessels, and for cooperative affiliations among fishing entities,
since some of the fishing vessels operating in the GOA are members of
AFA inshore pollock cooperatives, GOA rockfish cooperatives, or BSAI CR
Program cooperatives. Vessels that participate in these cooperatives
are considered to be large entities within the meaning of the RFA
because the aggregate gross receipts of all participating members
exceed the $11 million threshold. After accounting for membership in
these cooperatives, there are an estimated 812 small CV and 5 small CP
entities remaining in the GOA groundfish sector. However, the estimate
of these 817 CVs may be an overstatement of the number of small
entities. This latter group of vessels had average gross revenues that
varied by gear type. Average gross revenues for hook-and-line CVs, pot
gear CVs, trawl gear CVs, and hook-and-line CPs are estimated to be
$350,000, $780,000, $1.6 million, and $2.9 million, respectively.
Description of Significant Alternatives That Minimize Adverse Impacts
on Small Entities
The action under consideration is the proposed 2021 and 2022
harvest specifications, apportionments, and Pacific halibut prohibited
species catch limits for the groundfish fishery of the GOA. This action
is necessary to establish harvest limits for groundfish during the 2021
and 2022 fishing years and is taken in accordance with the FMP prepared
by the Council pursuant to the Magnuson-Stevens Act. The establishment
of the proposed harvest specifications is governed by the Council's
harvest strategy to govern the catch of groundfish in the GOA. This
strategy was selected from among five alternatives, with the preferred
alternative harvest strategy being one in which the TACs fall within
the range of ABCs recommended by the SSC. Under the preferred harvest
strategy, TACs are set to a level that falls within the range of ABCs
recommended by the SSC; the sum of the TACs must achieve the OY
specified in the FMP. While the specific numbers that the harvest
strategy produces may vary from year to year, the methodology used for
the preferred harvest strategy remains constant.
The TACs associated with preferred harvest strategy are those
recommended by the Council in October 2020. OFLs and ABCs for the
species were based on recommendations prepared by the Council's Plan
Team in September 2020, and reviewed by the Council's SSC in October
2020. The Council based its TAC recommendations on those of its AP,
which were consistent with the SSC's OFL and ABC recommendations. The
2021 TACs in these proposed 2021 and 2022 harvest specifications are
unchanged from the 2021 TACs in the final 2020 and 2021 harvest
specifications (85 FR 13802; March 10, 2020), and the sum of all TACs
remains within OY for the GOA.
The proposed 2021 and 2022 OFLs and ABCs are based on the best
available biological information, including projected biomass trends,
information on assumed distribution of stock biomass, and revised
technical methods to calculate stock biomass. The proposed 2021 and
2022 TACs are based on the best available biological and socioeconomic
information. The proposed 2021 and 2022 OFLs, ABCs, and TACs are
consistent with the biological condition of groundfish stocks as
described in the 2019 SAFE report, which is the most recent, completed
SAFE report.
Under this action, the proposed ABCs reflect harvest amounts that
are less than the specified overfishing levels. The proposed TACs are
within the range of proposed ABCs recommended by the SSC and do not
exceed the biological limits recommended by the SSC (the ABCs and
overfishing levels). For most species and species groups in the GOA,
the Council recommended, and NMFS proposes, TACs equal to proposed
ABCs, which is intended to maximize harvest opportunities in the GOA.
For some species and species groups, however, the Council
recommended and NMFS proposes TACs that are less than the proposed
ABCs, including for pollock in the W/C/WYK Regulatory Area, Pacific
cod, shallow-water flatfish in the Western Regulatory Area, arrowtooth
flounder, flathead sole in the Western and Central Regulatory Areas,
and Atka mackerel. In the GOA, increasing TACs for some species may not
result in increased harvest opportunities for those species. This is
due to a variety of reasons. There may be a lack of commercial or
market interest in some species. Additionally, there are fixed, and
therefore constraining, PSC limits associated with the harvest of the
GOA groundfish species that can lead to an underharvest of flatfish
TACs. For this reason, the shallow-water flatfish, arrowtooth flounder,
and flathead sole TACs are set to allow for increased harvest
opportunities for these target species while conserving the halibut PSC
limit for use in other fisheries. The Atka mackerel TAC is set to
accommodate incidental catch amounts in other fisheries. Finally, the
TACs for two species (pollock and Pacific cod) cannot be set equal to
ABC, as the TAC must be reduced to account for the State's GHLs in
these fisheries. The W/C/WYK Regulatory Area pollock TAC and the GOA
Pacific cod TACs are therefore set to account for the State's GHLs for
the State water pollock and Pacific cod fisheries so that the ABCs are
not exceeded. The proposed GOA Pacific cod TACs also include a further
reduction implemented in the 2020 and 2021 harvest specifications as an
additional conservation measure due to the stock's projected 2020
spawning biomass. For most species in the GOA, the Council recommended,
and NMFS proposes, that proposed TACs equal proposed ABCs, unless other
conservation or management reasons support proposed TAC amounts less
than the proposed ABCs.
Based upon the best available scientific data, and in consideration
of the Council's objectives of this action, it appears that there are
no significant alternatives to the proposed rule that have the
potential to accomplish the
[[Page 78096]]
stated objectives of the Magnuson-Stevens Act and any other applicable
statutes and that have the potential to minimize any significant
adverse economic impact of the proposed rule on small entities. This
action is economically beneficial to entities operating in the GOA,
including small entities. The action proposes TACs for commercially-
valuable species in the GOA and allows for the continued prosecution of
the fishery, thereby creating the opportunity for fishery revenue.
After public process during which the Council solicited input from
stakeholders, the Council concluded that the proposed harvest
specifications would best accomplish the stated objectives articulated
in the preamble for this proposed rule, and in applicable statutes, and
would minimize to the extent practicable adverse economic impacts on
the universe of directly regulated small entities.
This action does not modify recordkeeping or reporting
requirements, or duplicate, overlap, or conflict with any Federal
rules.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Adverse impacts on marine mammals or endangered or threatened
species resulting from fishing activities conducted under these harvest
specifications are discussed in the Final EIS and its accompanying
annual SIRs (see ADDRESSES).
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540(f); 16 U.S.C.
1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106-
31; Pub. L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 109-
241; Pub. L. 109-479.
Dated: November 25, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020-26592 Filed 12-1-20; 8:45 am]
BILLING CODE 3510-22-P