Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea and Aleutian Islands; Final 2021 and 2022 Harvest Specifications for Groundfish, 11449-11472 [2021-03564]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
(v) Delivers a ‘‘health care’’ message
made by, or on behalf of, a ‘‘covered
entity’’ or its ‘‘business associate,’’ as
those terms are defined in the HIPAA
Privacy Rule, 45 CFR 160.103, and the
caller makes no more than one call per
day to each patient’s residential line, up
to a maximum of three calls combined
per week to each patient’s residential
line and honors the called party’s
request to opt out of future calls as
required in paragraphs (b) and (d) of this
section.
*
*
*
*
*
(b) * * *
(2) During or after the message, state
clearly the telephone number (other
than that of the autodialer or
prerecorded message player that placed
the call) of such business, other entity,
or individual. The telephone number
provided may not be a 900 number or
any other number for which charges
exceed local or long distance
transmission charges. For telemarketing
messages and messages made pursuant
to an exemption under paragraphs
(a)(3)(ii) through (v) of this section to
residential telephone subscribers, such
telephone number must permit any
individual to make a do-not-call request
during regular business hours; and
(3) In every case where the artificial
or prerecorded-voice telephone message
is made pursuant to an exemption under
paragraphs (a)(3)(ii) through (v) of this
section or includes or introduces an
advertisement or constitutes
telemarketing and is delivered to a
residential telephone line or any of the
lines or telephone numbers described in
paragraphs (a)(1)(i) through (iii) of this
section, provide an automated,
interactive voice- and/or key pressactivated opt-out mechanism for the
called person to make a do-not-call
request, including brief explanatory
instructions on how to use such
mechanism, within two (2) seconds of
providing the identification information
required in paragraph (b)(1) of this
section. When the called person elects
to opt out using such mechanism, the
mechanism must automatically record
the called person’s number to the
caller’s do-not-call list and immediately
terminate the call. When the artificial or
prerecorded-voice telephone message is
left on an answering machine or a voice
mail service, such message must also
provide a toll free number that enables
the called person to call back at a later
time and connect directly to the
automated, interactive voice- and/or key
press-activated opt-out mechanism and
automatically record the called person’s
number to the caller’s do-not-call list.
*
*
*
*
*
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
(d) No person or entity shall initiate
any artificial or prerecorded-voice
telephone call pursuant to an exemption
under paragraphs (a)(3)(ii) through (v) of
this section or any call for telemarketing
purposes to a residential telephone
subscriber unless such person or entity
has instituted procedures for
maintaining a list of persons who
request not to receive such calls made
by or on behalf of that person or entity.
The procedures instituted must meet the
following minimum standards:
(1) Written policy. Persons or entities
making artificial or prerecorded-voice
telephone calls pursuant to an
exemption under paragraphs (a)(3)(ii)
through (v) of this section or calls for
telemarketing purposes must have a
written policy, available upon demand,
for maintaining a do-not-call list.
(2) Training of personnel. Personnel
engaged in making artificial or
prerecorded-voice telephone calls
pursuant to an exemption under
paragraphs (a)(3)(ii) through (v) of this
section or who are engaged in any
aspect of telemarketing must be
informed and trained in the existence
and use of the do-not-call list.
(3) Recording, disclosure of do-notcall requests. If a person or entity
making an artificial or prerecordedvoice telephone call pursuant to an
exemption under paragraphs (a)(3)(ii)
through (v) of this section or any call for
telemarketing purposes (or on whose
behalf such a call is made) receives a
request from a residential telephone
subscriber not to receive calls from that
person or entity, the person or entity
must record the request and place the
subscriber’s name, if provided, and
telephone number on the do-not-call list
at the time the request is made. Persons
or entities making such calls (or on
whose behalf such calls are made) must
honor a residential subscriber’s do-notcall request within a reasonable time
from the date such request is made. This
period may not exceed 30 days from the
date of such request. If such requests are
recorded or maintained by a party other
than the person or entity on whose
behalf the call is made, the person or
entity on whose behalf the call is made
will be liable for any failures to honor
the do-not-call request. A person or
entity making an artificial or
prerecorded-voice telephone call
pursuant to an exemption under
paragraphs (a)(3)(ii) through (v) of this
section or any call for telemarketing
purposes must obtain a consumer’s
prior express permission to share or
forward the consumer’s request not to
be called to a party other than the
person or entity on whose behalf a call
is made or an affiliated entity.
PO 00000
Frm 00063
Fmt 4700
Sfmt 4700
11449
(4) Identification of callers and
telemarketers. A person or entity
making an artificial or prerecordedvoice telephone call pursuant to an
exemption under paragraphs (a)(3)(ii)
through (v) of this section or any call for
telemarketing purposes must provide
the called party with the name of the
individual caller, the name of the
person or entity on whose behalf the
call is being made, and a telephone
number or address at which the person
or entity may be contacted. The
telephone number provided may not be
a 900 number or any other number for
which charges exceed local or long
distance transmission charges.
(5) Affiliated persons or entities. In
the absence of a specific request by the
subscriber to the contrary, a residential
subscriber’s do-not-call request shall
apply to the particular entity making the
call (or on whose behalf a call is made),
and will not apply to affiliated entities
unless the consumer reasonably would
expect them to be included given the
identification of the caller and (for
telemarketing calls) the product being
advertised.
(6) Maintenance of do-not-call lists. A
person or entity making artificial or
prerecorded-voice telephone calls
pursuant to an exemption under
paragraphs (a)(3)(ii) through (v) of this
section or any call for telemarketing
purposes must maintain a record of a
consumer’s request not to receive
further calls. A do-not-call request must
be honored for 5 years from the time the
request is made.
*
*
*
*
*
[FR Doc. 2021–01190 Filed 2–24–21; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 210217–0022]
RIN 0648–XY116
Fisheries of the Exclusive Economic
Zone Off Alaska; Bering Sea and
Aleutian Islands; Final 2021 and 2022
Harvest Specifications for Groundfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; harvest specifications
and closures.
AGENCY:
NMFS announces final 2021
and 2022 harvest specifications,
SUMMARY:
E:\FR\FM\25FER1.SGM
25FER1
11450
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
apportionments, and prohibited species
catch allowances for the groundfish
fishery of the Bering Sea and Aleutian
Islands management area (BSAI). This
action is necessary to establish harvest
limits for groundfish during the
remainder of the 2021 and the start of
the 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: Harvest specifications and
closures are effective from 1200 hours,
Alaska local time (A.l.t.), February 25,
2021, through 2400 hours, A.l.t.,
December 31, 2022.
ADDRESSES: Electronic copies of the
Alaska Groundfish Harvest
Specifications Final Environmental
Impact Statement (EIS), Record of
Decision (ROD), and the annual
Supplementary Information Reports
(SIRs) to the Final EIS prepared for this
action are available from https://
www.fisheries.noaa.gov/region/alaska.
The 2020 Stock Assessment and Fishery
Evaluation (SAFE) report for the
groundfish resources of the BSAI, dated
November 2020, as well as the SAFE
reports for previous years, are available
from the North Pacific Fishery
Management Council (Council) at 1007
West 3rd Ave., Suite #400, Anchorage,
AK 99501, phone 907–271–2809, or
from the Council’s website at https://
www.npfmc.org/.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: Federal
regulations at 50 CFR part 679
implement the FMP and govern the
groundfish fisheries in the BSAI. The
Council prepared the FMP, and NMFS
approved it, under the MagnusonStevens Act. General regulations
governing U.S. fisheries also appear at
50 CFR part 600.
The FMP and its implementing
regulations require NMFS, after
consultation with the Council, to
specify annually the total allowable
catch (TAC) for each target species
category. The sum of all TAC for all
groundfish species in the BSAI must be
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
within the optimum yield (OY) range of
1.4 million to 2.0 million metric tons
(mt) (see § 679.20(a)(1)(i)(A)). This final
rule specifies the sum of the TAC at 2.0
million mt for both 2021 and 2022.
NMFS also must specify
apportionments of TAC; prohibited
species catch (PSC) allowances and
prohibited species quota (PSQ) reserves
established by § 679.21; seasonal
allowances of pollock, Pacific cod, and
Atka mackerel TAC; American Fisheries
Act allocations; Amendment 80
allocations; Community Development
Quota (CDQ) reserve amounts
established by § 679.20(b)(1)(ii); and
acceptable biological catch (ABC)
surpluses and reserves for CDQ groups
and the Amendment 80 cooperative for
flathead sole, rock sole, and yellowfin
sole. The final harvest specifications set
forth in Tables 1 through 22 of this
action satisfy these requirements.
Section 679.20(c)(3)(i) further requires
that NMFS consider public comment on
the proposed harvest specifications and,
after consultation with the Council,
publish final harvest specifications in
the Federal Register. The proposed
2021 and 2022 harvest specifications for
the groundfish fishery of the BSAI were
published in the Federal Register on
December 3, 2020 (85 FR 78096).
Comments were invited and accepted
through January 4, 2021. As discussed
in the Response to Comments section
below, NMFS received no comments
during the public comment period for
the proposed BSAI groundfish harvest
specifications.
NMFS consulted with the Council on
the final 2021 and 2022 harvest
specifications during the December
2020 Council meeting. After considering
public comments, as well as biological
and socioeconomic data that were
available at the Council’s December
meeting, NMFS implements in this final
rule the final 2021 and 2022 harvest
specifications as recommended by the
Council.
ABC and TAC Harvest Specifications
The final ABC amounts for Alaska
groundfish are based on the best
available biological information,
including projected biomass trends,
information on assumed distribution of
stock biomass, and revised technical
methods used to calculate stock
biomass. In general, the development of
ABCs and overfishing levels (OFLs)
involves sophisticated statistical
analyses of fish populations. The FMP
specifies a series of six tiers to define
OFL and ABC amounts based on the
level of reliable information available to
fishery scientists. Tier 1 represents the
highest level of information quality
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
available, while Tier 6 represents the
lowest.
In December 2020, the Council, its
Scientific and Statistical Committee
(SSC), and its Advisory Panel (AP)
reviewed current biological and harvest
information about the condition of the
BSAI groundfish stocks. The Council’s
BSAI Groundfish Plan Team (Plan
Team) compiled and presented this
information in the 2020 SAFE report for
the BSAI groundfish fisheries, dated
November 2020 (see ADDRESSES). The
SAFE report contains a review of the
latest scientific analyses and estimates
of each species’ biomass and other
biological parameters, as well as
summaries of the available information
on the BSAI ecosystem and the
economic condition of groundfish
fisheries off Alaska. NMFS notified the
public of the comment period for these
harvest specifications—and of the
publication of the 2020 SAFE report—
in the notice of proposed harvest
specifications. From the data and
analyses in the SAFE report, the Plan
Team recommended an OFL and ABC
for each species or species group at the
November 2020 Plan Team meeting.
In December 2020, the SSC, AP, and
Council reviewed the Plan Team’s
recommendations. The final TAC
recommendations were based on the
ABCs, and were adjusted for other
biological and socioeconomic
considerations, including maintaining
the sum of all the TACs within the
required OY range of 1.4 million to 2.0
million mt. As required by annual catch
limit rules for all fisheries (74 FR 3178,
January 16, 2009), none of the Council’s
recommended 2021 or 2022 TACs
exceed the final 2021 or 2022 ABCs for
any species or species group. NMFS
finds that the Council’s recommended
OFLs, ABCs, and TACs are consistent
with the preferred harvest strategy
outlined in the FMP and the biological
condition of groundfish stocks as
described in the 2020 SAFE report that
was approved by the Council. Therefore,
this final rule provides notice that the
Secretary of Commerce approves the
final 2021 and 2022 harvest
specifications as recommended by the
Council.
The 2021 harvest specifications set in
this final action will supersede the 2021
harvest specifications previously set in
the final 2020 and 2021 harvest
specifications (85 FR 13553, March 9,
2020). The 2022 harvest specifications
herein will be superseded in early 2022
when the final 2022 and 2023 harvest
specifications are published. Pursuant
to this final action, the 2021 harvest
specifications therefore will apply for
the remainder of the current year (2021),
E:\FR\FM\25FER1.SGM
25FER1
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
while the 2022 harvest specifications
are projected only for the following year
(2022) and will be superseded in early
2022 by the final 2022 and 2023 harvest
specifications. Because this final action
(published in early 2021) will be
superseded in early 2022 by the
publication of the final 2022 and 2023
harvest specifications, it is projected
that this final action will implement the
harvest specifications for the BSAI for
approximately one year.
Other Actions Affecting the 2021 and
2022 Harvest Specifications
State of Alaska Guideline Harvest Levels
For 2021 and 2022, the Board of
Fisheries (BOF) for the State of Alaska
(State) established the guideline harvest
level (GHL) for vessels using pot gear in
State waters in the Bering Sea subarea
(BS) equal to 10 percent of the Pacific
cod ABC in the BS. The State’s pot gear
BS GHL will increase one percent
annually up to 15 percent of the BS
ABC, if 90 percent of the GHL is
harvested by November 15 of the
preceding year. If 90 percent of the 2021
BS GHL is not harvested by November
15, 2021, then the 2022 BS GHL will
remain at the same percent as the 2021
BS GHL (10 percent). If 90 percent of the
2021 BS GHL is harvested by November
15, 2021, then the 2022 BS GHL will
increase by one percent and the 2022 BS
TAC will be set to account for the
increased BS GHL. Also, for 2021 and
2022, the BOF established an additional
GHL for vessels using jig gear in State
waters in the BS equal to 45 mt of
Pacific cod in the BS. The Council and
its Plan Team, SSC, and AP
recommended that the sum of all State
and Federal water Pacific cod removals
from the BS not exceed the ABC
recommendations for Pacific cod in the
BS. Accordingly, the Council
recommended, and NMFS approves,
that the 2021 and 2022 Pacific cod TACs
in the BS account for the State’s GHLs
for Pacific cod caught in State waters in
the BS.
For 2021 and 2022, the BOF for the
State established the GHL in State
waters in the Aleutian Islands subarea
(AI) equal to 39 percent of the AI ABC.
The AI GHL will increase annually by
4 percent of the AI ABC, if 90 percent
of the GHL is harvested by November 15
of the preceding year, but may not
exceed 39 percent of the AI ABC or 15
million pounds (6,804 mt). For 2021, 39
percent of the AI ABC is 8,034 mt,
which exceeds the AI GHL limit of
6,804 mt. The Council and its Plan
Team, SSC, and AP recommended that
the sum of all State and Federal water
Pacific cod removals from the AI not
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
exceed the ABC recommendations for
Pacific cod in the AI. Accordingly, the
Council recommended, and NMFS
approves, that the 2021 and 2022 Pacific
cod TACs in the AI account for the
State’s GHL of 6,804 mt for Pacific cod
caught in State waters in the AI.
Amendment 121 to the FMP: Reclassify
Sculpins as an Ecosystem Component
Species
On July 10, 2020, NMFS published
the final rule to implement Amendment
121 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 OFL, ABC, and TAC for
sculpins in the BSAI groundfish harvest
specifications, beginning with the 2021
and 2022 harvest specifications.
Changes From the Proposed 2021 and
2022 Harvest Specifications for the
BSAI
The Council’s recommendations for
the proposed 2021 and 2022 harvest
specifications (85 FR 78096, December
3, 2020) were based largely on
information contained in the 2019 SAFE
report for the BSAI groundfish fisheries.
Through the proposed harvest
specifications, NMFS notified the public
that these harvest specifications could
change, as the Council would consider
information contained in the 2020 SAFE
report; recommendations from the Plan
Team, SSC, and AP; and public
comments when making its
recommendations for final harvest
specifications at the December 2020
Council meeting. NMFS further notified
the public that, as required by the FMP
and its implementing regulations, the
sum of the TACs must be within the OY
range of 1.4 million and 2.0 million mt.
Information contained in the 2020
SAFE report indicates biomass changes
from the 2019 SAFE report for several
groundfish species. The 2020 report was
made available for public review during
the public comment period for the
proposed harvest specifications. At the
December 2020 Council meeting, the
SSC recommended the 2021 and 2022
OFLs and ABCs based on the best and
most recent information contained in
the 2020 SAFE report. The SSC
recommended slight model adjustments
for Eastern BS pollock, but accepted
Plan Team recommendations for all
other species, except for BS Pacific cod
and sablefish. The SSC’s
recommendation resulted in an ABC
sum total for all BSAI groundfish
species in excess of 2.0 million mt for
both 2021 and 2022.
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
11451
Revisions to the Sablefish
Apportionment of the ABC
The Alaska-wide sablefish ABC is
apportioned between six areas within
the BSAI and Gulf of Alaska (BS, AI,
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 areas. However, a new
apportionment methodology will be
used for 2021 and 2022 that affects the
apportionment of sablefish ABC and the
area TACs that are allocated between
the trawl and fixed gear sectors. The
Joint BSAI and GOA Groundfish Plan
Team, SSC, and Council reviewed a
range of apportionment approaches for
the sablefish ABC for the harvest
specifications, including a range from
the status quo (fixed apportionment)
and the sablefish assessment authors’
recommended non-exponential 5-year
survey moving average. The Joint Plan
Team recommended that, to the extent
practical, moving away from the fixed
apportionment to the true distribution
of the stock would be preferred from a
biological perspective. The SSC
recommended a 25 percent stair step
from the current (fixed) apportionment
percentages toward the non-exponential
5-year survey moving average proposed
by the assessment authors. The Council
and NMFS have adopted the SSC’s
recommendation for the 2021 and 2022
ABC apportionments. For 2021 this
increases the ABC apportionments in all
areas (for example, up to 60 percent in
the AI subarea), with smaller increases
in areas that have recently been
apportioned a greater percentage under
the fixed apportionment methodology
than suggested by recent survey
observations (for example, only a 17
percent increase in the East Yakutat/
Southeast area). In addition, the final
2021 TACs for the BS and AI areas both
increased relative to the proposed 2021
TACs, in part due to the change in
apportionment methodology.
Based on decreased fishing effort in
2020, the Council recommends final BS
pollock TACs decrease by 75,000 mt in
2021 and 50,000 mt in 2022 compared
to the proposed 2021 and 2022 BS
pollock TACs. In terms of weight, the
largest increases in final 2021 TACs
relative to the proposed 2021 TACs
include BS Pacific cod and BSAI
yellowfin sole. For Pacific cod, the 2021
TAC increase is in response to the
increase in the 2021 ABC and the
Council’s recommendation of the
highest TAC after accounting for the
State’s GHL. For yellowfin sole, the
increase is in response to the
E:\FR\FM\25FER1.SGM
25FER1
11452
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
anticipated larger directed fisheries
based on anticipated market demand.
Other increases in the final 2021 TACs
relative to the proposed 2021 TACs
include Bogoslof pollock, AI Greenland
turbot, AI ‘‘other rockfish,’’ AI sablefish,
BS sablefish, BSAI arrowtooth flounder,
BSAI Kamchatka flounder, BSAI rock
sole, BSAI flathead sole, BSAI Alaska
plaice, BSAI ‘‘other flatfish,’’ Western
Aleutian Islands (WAI) Pacific ocean
perch, BSAI northern rockfish, Bering
Sea and Eastern Aleutian Islands (BS/
EAI) blackspotted/rougheye rockfish,
BSAI shortraker rockfish, Eastern
Aleutian Islands and Bering Sea (EAI/
BS) Atka mackerel, WAI Atka mackerel,
Central Aleutian Islands (CAI) Atka
mackerel, and BSAI skates. The 2021
increases account for higher interest in
directed fishing or higher anticipated
incidental catch needs.
Decreases in final 2021 TACs
compared to the proposed 2021 TACs
include BS pollock, BS Pacific ocean
perch, CAI Pacific ocean perch, EAI
Pacific ocean perch, Central Aleutian
Islands/Western Aleutian Islands (CAI/
WAI) blackspotted and rougheye
rockfish, and BS ‘‘other rockfish.’’ The
decreases are for anticipated lower
incidental catch needs of these species
and lower ABCs relative to 2020. The
changes to TACs between the proposed
and final harvest specifications are
based on the most recent scientific and
socioeconomic information and are
consistent with the FMP, regulatory
obligations, and harvest strategy as
described in the proposed and final
harvest specifications, including the
upper limit for OY of 2.0 million mt.
These changes are compared in Table
1A.
Table 1 lists the Council’s
recommended final 2021 OFL, ABC,
TAC, initial TAC (ITAC), CDQ reserve
allocations, and non-specified reserves
of the BSAI groundfish species or
species groups; and Table 2 lists the
Council’s recommended final 2022 OFL,
ABC, TAC, ITAC, CDQ reserve
allocations, and non-specified reserves
of the BSAI groundfish species or
species groups. NMFS concurs in these
recommendations. These final 2021 and
2022 TAC amounts for the BSAI are
within the OY range established for the
BSAI and do not exceed the ABC for any
species or species group. The
apportionment of TAC amounts among
fisheries and seasons is discussed
below.
TABLE 1—FINAL 2021 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH
(TAC), INITIAL TAC (ITAC), CDQ RESERVE ALLOCATION, AND NON-SPECIFIED RESERVE OF GROUNDFISH IN THE BSAI 1
[Amounts are in metric tons]
2021
Species
Pollock 4 .......................
Pacific cod 5 .................
Sablefish 6 ....................
Yellowfin sole ...............
Greenland turbot ..........
Arrowtooth flounder .....
Kamchatka flounder .....
Rock sole 7 ...................
Flathead sole 8 .............
Alaska plaice ................
Other flatfish 9 ..............
Pacific ocean perch .....
Northern rockfish .........
Blackspotted/Rougheye
rockfish 10.
Shortraker rockfish .......
Other rockfish 11 ...........
Atka mackerel ..............
Skates ..........................
Sharks ..........................
Octopuses ....................
VerDate Sep<11>2014
Area
OFL
ABC
TAC
BS ..................
AI ...................
Bogoslof .........
BS ..................
AI ...................
Alaska-wide ...
BS ..................
AI ...................
BSAI ...............
BSAI ...............
BS ..................
AI ...................
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BS ..................
EAI .................
CAI .................
WAI ................
BSAI ...............
BSAI ...............
2,594,000
61,856
113,479
147,949
27,400
60,426
n/a
n/a
341,571
8,568
n/a
n/a
90,873
10,630
145,180
75,863
37,924
22,919
44,376
n/a
n/a
n/a
n/a
18,917
576
1,626,000
51,241
85,109
123,805
20,600
29,588
3,396
4,717
313,477
7,326
6,176
1,150
77,349
8,982
140,306
62,567
31,657
17,189
37,173
10,782
8,419
6,198
11,774
15,557
482
1,375,000
19,000
250
111,380
13,796
n/a
3,396
4,717
200,000
6,025
5,125
900
15,000
8,982
54,500
25,000
24,500
6,500
35,899
10,782
8,419
6,198
10,500
13,000
482
BS/EAI ...........
CAI/WAI .........
BSAI ...............
BSAI ...............
BS ..................
AI ...................
BSAI ...............
BS/EAI ...........
CAI .................
WAI ................
BSAI ...............
BSAI ...............
BSAI ...............
n/a
n/a
722
1,751
n/a
n/a
85,580
n/a
n/a
n/a
49,297
689
4,769
313
169
541
1,313
919
394
73,590
25,760
15,450
32,380
41,257
517
3,576
313
169
500
916
522
394
62,257
25,760
15,450
21,047
18,000
200
700
16:18 Feb 24, 2021
Jkt 253001
PO 00000
Frm 00066
Fmt 4700
Sfmt 4700
CDQ 3
Nonspecified
reserves
1,237,500
17,100
250
99,462
12,320
n/a
2,802
3,833
178,600
5,121
4,356
765
12,750
7,635
48,669
22,325
20,825
5,525
31,594
9,165
7,518
5,535
9,377
11,050
410
137,500
1,900
........................
11,918
1,476
n/a
467
796
21,400
n/a
548
........................
1,605
........................
5,832
2,675
........................
........................
n/a
........................
901
663
1,124
........................
........................
........................
........................
........................
........................
........................
........................
127
88
........................
........................
220
135
645
1,347
........................
........................
3,675
975
........................
1,617
........................
........................
........................
1,950
72
266
144
425
779
444
335
55,596
23,004
13,797
18,795
15,300
170
595
........................
........................
........................
........................
........................
........................
6,661
2,756
1,653
2,252
........................
........................
........................
47
25
75
137
78
59
........................
........................
........................
........................
2,700
30
105
ITAC 2
E:\FR\FM\25FER1.SGM
25FER1
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
11453
TABLE 1—FINAL 2021 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH
(TAC), INITIAL TAC (ITAC), CDQ RESERVE ALLOCATION, AND NON-SPECIFIED RESERVE OF GROUNDFISH IN THE
BSAI 1—Continued
[Amounts are in metric tons]
2021
Species
Area
Total ......................
ITAC 2
OFL
ABC
TAC
3,945,315
2,747,727
2,000,000
Nonspecified
reserves
CDQ 3
1,790,634
195,466
13,900
1 These
amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of
these harvest specifications, BS includes the Bogoslof District.
2 Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species (Atka mackerel, yellowfin sole, rock sole, flathead sole, Pacific cod, and AI Pacific ocean perch), 15 percent of each TAC is put into a non-specified reserve. The
ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species, ITAC is the
non-CDQ allocation of TAC (see footnotes 3 and 4).
3 For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and AI Pacific ocean perch), 10.7 percent
of the TAC is reserved for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC allocated to
hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for BS Greenland turbot
and arrowtooth flounder are reserved for use by CDQ participants (see § 679.20(b)(1)(ii)(B) and (D)). AI Greenland turbot, ‘‘other flatfish,’’ Alaska
plaice, BS Pacific ocean perch, northern rockfish, shortraker rockfish, blackspotted/rougheye rockfish, Kamchatka flounder, ‘‘other rockfish,’’
skates, sharks, and octopuses are not allocated to the CDQ program.
4 Under § 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
for the incidental catch allowance (4 percent), is further allocated by sector for a pollock directed fishery as follows: Inshore—50 percent; catcher/
processor—40 percent; and motherships—10 percent. Under § 679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first for the
CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,500 mt), is allocated to the Aleut Corporation for a
pollock directed fishery.
5 The BS Pacific cod TAC is set to account for the 10 percent, plus 45 mt, of the BS ABC for the State of Alaska’s (State) guideline harvest
level in State waters of the BS. The AI Pacific cod TAC is set to account for 39 percent of the AI ABC for the State guideline harvest level in
State waters of the AI, except 39 percent of the AI ABC exceeds the State guideline harvest level of 15 million pounds (6,804 mt), in which case
the TAC is set to account for the State guideline harvest level of 6,804 mt.
6 The sablefish OFL and ABC is Alaska-wide and includes the Gulf of Alaska.
7 ‘‘Rock sole’’ includes Lepidopsetta polyxystra (Northern rock sole) and L. bilineata (Southern rock sole).
8 ‘‘Flathead sole’’ includes Hippoglossoides elassodon (flathead sole) and H. robustus (Bering flounder).
9 ‘‘Other flatfish’’ includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
10 ‘‘Blackspotted/Rougheye rockfish’’ includes Sebastes melanostictus (blackspotted) and S. aleutianus (rougheye).
11 ‘‘Other rockfish’’ includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish,
blackspotted/rougheye rockfish, and shortraker rockfish.
Note: Regulatory areas and districts are defined at § 679.2 (BSAI=Bering Sea and Aleutian Islands management area, BS=Bering Sea subarea, AI=Aleutian Islands subarea, EAI=Eastern Aleutian district, CAI=Central Aleutian district, WAI=Western Aleutian district).
TABLE 1A—COMPARISON OF FINAL 2021 AND 2022 WITH PROPOSED 2021 AND 2022 TOTAL ALLOWABLE CATCH IN THE
BSAI
[Amounts are in metric tons]
2021 final
TAC
Species
Area 1
Pollock ......................
BS ..............
AI ................
Bogoslof .....
BS ..............
AI ................
BS ..............
AI ................
BSAI ...........
BS ..............
AI ................
BSAI ...........
BSAI ...........
BSAI ...........
BSAI ...........
BSAI ...........
BSAI ...........
BS ..............
EAI .............
CAI .............
WAI ............
BSAI ...........
BS/EAI ........
1,375,000
19,000
250
111,380
13,796
3,396
4,717
200,000
5,125
900
15,000
8,982
54,500
25,000
24,500
6,500
10,782
8,419
6,198
10,500
13,000
313
CAI/WAI .....
BSAI ...........
BS ..............
AI ................
EAI/BS ........
CAI .............
169
500
522
394
25,760
15,450
Pacific cod ................
Sablefish ...................
Yellowfin sole ............
Greenland turbot .......
Arrowtooth flounder ..
Kamchatka flounder ..
Rock sole ..................
Flathead sole ............
Alaska plaice ............
Other flatfish .............
Pacific ocean perch ..
Northern rockfish ......
Blackspotted and
Rougheye rockfish.
Shortraker rockfish ...
Other rockfish ...........
Atka mackerel ...........
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
2021
difference
from
proposed
2021
percentage
difference
from
proposed
1,450,000
19,000
75
92,633
13,796
2,865
2,500
168,900
5,125
670
10,000
7,116
49,000
24,000
24,000
5,000
13,600
10,619
7,817
10,000
10,000
100
(75,000)
........................
175
18,747
........................
531
2,217
31,100
........................
230
5,000
1,866
5,500
1,000
500
1,500
(2,818)
(2,200)
(1,619)
500
3,000
213
(5.2)
........................
233.3
20.2
........................
18.5
88.7
18.4
........................
34.3
50.0
26.2
11.2
4.2
2.1
30.0
(20.7)
(20.7)
(20.7)
5.0
30.0
213.0
1,400,000
19,000
100
95,053
13,796
4,863
5,061
200,000
5,125
900
15,000
8,982
54,500
25,000
22,500
6,500
10,298
8,041
5,919
10,500
13,000
150
339
375
700
388
22,540
13,524
(170)
125
(178)
6
3,220
1,926
(50.1)
33.3
(25.4)
1.5
14.3
14.2
176
225
300
394
23,880
14,330
2021
proposed
TAC
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
2022 final
TAC
E:\FR\FM\25FER1.SGM
2022
difference
from
proposed
2022
percentage
difference
from
proposed
1,450,000
19,000
75
92,633
13,796
2,865
2,500
168,900
5,125
670
10,000
7,116
49,000
24,000
24,000
5,000
13,600
10,619
7,817
10,000
10,000
100
(50,000)
........................
25
2,420
........................
1,998
2,561
31,100
........................
230
5,000
1,866
5,500
1,000
(1,500)
1,500
(3,302)
(2,578)
(1,898)
500
3,000
50
(3.4)
........................
33.3
2.6
........................
69.7
102.4
18.4
........................
34.3
50.0
26.2
11.2
4.2
(6.3)
30.0
(24.3)
(24.3)
(24.3)
5.0
30.0
50.0
339
375
700
388
22,540
13,524
(163)
(150)
(400)
6
1,340
806
(48.1)
(40.0)
(57.1)
1.5
5.9
6.0
2022
proposed
TAC
25FER1
11454
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
TABLE 1A—COMPARISON OF FINAL 2021 AND 2022 WITH PROPOSED 2021 AND 2022 TOTAL ALLOWABLE CATCH IN THE
BSAI—Continued
[Amounts are in metric tons]
2021 final
TAC
2021
proposed
TAC
2021
difference
from
proposed
2021
percentage
difference
from
proposed
2022
proposed
TAC
2022 final
TAC
2022
difference
from
proposed
2022
percentage
difference
from
proposed
Species
Area 1
Skates .......................
Sharks .......................
Octopuses .................
WAI ............
BSAI ...........
BSAI ...........
BSAI ...........
21,047
18,000
200
700
18,418
16,000
200
700
2,629
2,000
........................
........................
14.3
12.5
........................
........................
19,507
16,000
200
700
18,418
16,000
200
700
1,089
........................
........................
........................
5.9
........................
........................
........................
Total ...................
BSAI ...........
2,000,000
2,000,000
........................
........................
2,000,000
2,000,000
........................
........................
1 Bering
Sea subarea (BS), Aleutian Islands subarea (AI), Bering Sea and Aleutian Islands management area (BSAI), Eastern Aleutian District (EAI), Central Aleutian District (CAI), and Western Aleutian District (WAI).
TABLE 2—FINAL 2022 OVERFISHING LEVEL (OFL), ACCEPTABLE BIOLOGICAL CATCH (ABC), TOTAL ALLOWABLE CATCH
(TAC), INITIAL TAC (ITAC), CDQ RESERVE ALLOCATION, AND NON-SPECIFIED RESERVES OF GROUNDFISH IN THE BSAI 1
[Amounts are in metric tons]
2022
Species
Pollock 4 .......................
Pacific cod 5 .................
Sablefish 6 ....................
Yellowfin sole ...............
Greenland turbot ..........
Arrowtooth flounder .....
Kamchatka flounder .....
Rock sole 7 ...................
Flathead sole 8 .............
Alaska plaice ................
Other flatfish 9 ..............
Pacific ocean perch .....
Northern rockfish .........
Blackspotted/Rougheye
rockfish 10.
Shortraker rockfish .......
Other rockfish 11 ...........
Atka mackerel ..............
Skates ..........................
Sharks ..........................
Octopuses ....................
Area
CDQ 3
Non-specified
Reserves
1,260,000
17,100
100
84,882
12,320
n/a
2,067
1,075
178,600
5,121
4,356
765
12,750
7,635
48,669
22,325
19,125
5,525
30,596
8,753
7,181
5,286
9,377
11,050
277
140,000
1,900
........................
10,171
1,476
n/a
182
95
21,400
n/a
548
........................
1,605
........................
5,832
2,675
........................
........................
n/a
........................
860
633
1,124
........................
........................
........................
........................
........................
........................
........................
........................
2,614
3,891
........................
........................
220
135
645
1,347
........................
........................
3,375
975
........................
1,545
........................
........................
........................
1,950
49
150
176
225
694
300
394
57,717
23,880
14,330
19,507
16,000
200
700
128
150
191
590
255
335
51,541
21,325
12,797
17,420
13,600
170
595
........................
........................
........................
........................
........................
........................
6,176
2,555
1,533
2,087
........................
........................
........................
23
26
34
104
45
59
........................
........................
........................
........................
2,400
30
105
2,000,000
1,785,904
194,677
19,419
OFL
ABC
TAC
BS ..................
AI ...................
Bogoslof .........
BS ..................
AI ...................
Alaska-wide ...
BS ..................
AI ...................
BSAI ...............
BSAI ...............
BS ..................
AI ...................
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BSAI ...............
BS ..................
EAI .................
CAI .................
WAI ................
BSAI ...............
BSAI ...............
2,366,000
61,308
113,479
128,340
27,400
70,710
n/a
n/a
374,982
7,181
n/a
n/a
94,368
10,843
213,783
77,763
36,928
22,919
42,384
n/a
n/a
n/a
n/a
18,221
595
1,484,000
50,789
85,109
106,852
20,600
36,955
4,863
6,860
344,140
6,139
5,175
964
80,323
9,163
206,605
64,119
30,815
17,189
35,503
10,298
8,041
5,919
11,245
14,984
500
1,400,000
19,000
100
95,053
13,796
n/a
4,863
5,061
200,000
6,025
5,125
900
15,000
8,982
54,500
25,000
22,500
6,500
34,758
10,298
8,041
5,919
10,500
13,000
326
BS/EAI ...........
CAI/WAI .........
BSAI ...............
BSAI ...............
BS ..................
AI ...................
BSAI ...............
EAI/BS ...........
CAI .................
WAI ................
BSAI ...............
BSAI ...............
BSAI ...............
n/a
n/a
722
1,751
n/a
n/a
79,660
n/a
n/a
n/a
47,372
689
4,769
324
176
541
1,313
919
394
68,220
23,880
14,330
30,010
39,598
517
3,576
3,802,167
2,682,318
Total ......................
ITAC 2
1 These
amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of
these harvest specifications, the BS includes the Bogoslof District.
2 Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and AI Pacific ocean perch), 15 percent of each TAC is put into a non-specified reserve. The
ITAC for these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species, ITAC is the
non-CDQ allocation of TAC (see footnotes 3 and 4).
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
PO 00000
Frm 00068
Fmt 4700
Sfmt 4700
E:\FR\FM\25FER1.SGM
25FER1
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
11455
3 For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and AI Pacific ocean perch), 10.7 percent
of the TAC is reserved for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC allocated to
hook-and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for BS Greenland turbot
and arrowtooth flounder are reserved for use by CDQ participants (see § 679.20(b)(1)(ii)(B) and (D)). The 2022 hook-and-line or pot gear portion
of the sablefish ITAC and CDQ reserve will not be specified until the final 2022 and 2023 harvest specifications. AI Greenland turbot, ‘‘other flatfish,’’ Alaska plaice, BS Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker rockfish, blackspotted/rougheye rockfish, ‘‘other
rockfish,’’ skates, sharks, and octopuses are not allocated to the CDQ program.
4 Under § 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
for the incidental catch allowance (4 percent), is further allocated by sector for a pollock directed fishery as follows: Inshore—50 percent; catcher/
processor—40 percent; and motherships—10 percent. Under § 679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first for the
CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,500 mt), is allocated to the Aleut Corporation for a
pollock directed fishery.
5 Assuming an increase in the 2022 guideline harvest level based on the actual 2021 harvest, the 2022 BS Pacific cod TAC is set to account
for the 11 percent, plus 45 mt, of the BS ABC for the State of Alaska’s (State) guideline harvest level in State waters of the BS. The 2022 AI Pacific cod TAC is set to account for 39 percent of the AI ABC for the State guideline harvest level in State waters of the AI, except 39 percent of
the AI ABC exceeds the State guideline harvest level of 15 million pounds (6,804 mt), in which case the TAC is set to account for the State
guideline harvest level of 6,804 mt.
6 The sablefish OFL and ABC is Alaska-wide and includes the Gulf of Alaska.
7 ‘‘Rock sole’’ includes Lepidopsetta polyxystra (Northern rock sole) and L. bilineata (Southern rock sole).
8 ‘‘Flathead sole’’ includes Hippoglossoides elassodon (flathead sole) and H. robustus (Bering flounder).
9 ‘‘Other flatfish’’ includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
10 ‘‘Blackspotted/Rougheye rockfish’’ includes Sebastes melanostictus (blackspotted) and S. aleutianus (rougheye).
11 ‘‘Other rockfish’’ includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish,
blackspotted/rougheye rockfish, and shortraker rockfish.
Note: Regulatory areas and districts are defined at § 679.2 (BSAI = Bering Sea and Aleutian Islands management area, BS = Bering Sea subarea, AI = Aleutian Islands subarea, EAI = Eastern Aleutian district, CAI = Central Aleutian district, WAI = Western Aleu tian district).
Groundfish Reserves and the Incidental
Catch Allowance (ICA) for Pollock, Atka
Mackerel, Flathead Sole, Rock Sole,
Yellowfin Sole, and AI Pacific Ocean
Perch
Section 679.20(b)(1)(i) requires that
NMFS reserve 15 percent of the TAC for
each target species (except for pollock,
hook-and-line and pot gear allocation of
sablefish, and Amendment 80 species)
in a non-specified reserve. Section
679.20(b)(1)(ii)(B) requires that NMFS
allocate 20 percent of the hook-and-line
or pot gear allocation of sablefish to the
fixed-gear sablefish CDQ reserve for
each subarea. Section 679.20(b)(1)(ii)(D)
requires that NMFS allocate 7.5 percent
of the trawl gear allocations of sablefish
in the BS and AI and 10.7 percent of the
BS Greenland turbot and arrowtooth
flounder TACs to the respective CDQ
reserves. Section 679.20(b)(1)(ii)(C)
requires that NMFS allocate 10.7
percent of the TACs for Atka mackerel,
AI Pacific ocean perch, yellowfin sole,
rock sole, flathead sole, and Pacific cod
to the respective CDQ reserves. Sections
679.20(a)(5)(i)(A) and 679.31(a) also
require that 10 percent of the BS pollock
TAC be allocated to the pollock CDQ
directed fishing allowance (DFA).
Sections 679.20(a)(5)(iii)(B)(2)(i) and
679.31(a) require that 10 percent of the
AI pollock TAC be allocated to the
pollock CDQ DFA. The entire Bogoslof
District pollock TAC is allocated as an
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
ICA pursuant to § 679.20(a)(5)(ii)
because the Bogoslof District is closed to
directed fishing for pollock by
regulation (§ 679.22(a)(7)(B)). With the
exception of the hook-and-line or pot
gear sablefish CDQ reserve, the
regulations do not further apportion the
CDQ allocations by gear.
Pursuant to § 679.20(a)(5)(i)(A)(1),
NMFS allocates a pollock ICA of 4
percent of the BS pollock TAC after
subtracting the 10 percent CDQ DFA.
This allowance is based on NMFS’s
examination of the pollock incidental
catch, including the incidental catch by
CDQ vessels, in target fisheries other
than pollock from 2000 through 2020.
During this 21-year period, the pollock
incidental catch ranged from a low of
2.2 percent in 2006 to a high of 4.6
percent in 2014, with a 21-year average
of 3 percent. Pursuant to
§ 679.20(a)(5)(iii)(B)(2)(i) and (ii), NMFS
establishes a pollock ICA of 2,500 mt of
the AI pollock TAC after subtracting the
10 percent CDQ DFA. This allowance is
based on NMFS’s examination of the
pollock incidental catch, including the
incidental catch by CDQ vessels, in
target fisheries other than pollock from
2003 through 2020. During this 18-year
period, the incidental catch of pollock
ranged from a low of 5 percent in 2006
to a high of 17 percent in 2014, with an
18-year average of 9 percent.
Pursuant to § 679.20(a)(8) and (10),
NMFS allocates ICAs of 3,000 mt of
PO 00000
Frm 00069
Fmt 4700
Sfmt 4700
flathead sole, 6,000 mt of rock sole,
4,000 mt of yellowfin sole, 10 mt of WAI
Pacific ocean perch, 60 mt of CAI
Pacific ocean perch, 100 mt of EAI
Pacific ocean perch, 20 mt of WAI Atka
mackerel, 75 mt of CAI Atka mackerel,
and 800 mt of EAI and BS Atka
mackerel TAC after subtracting the 10.7
percent CDQ reserve. These ICA
allowances are based on NMFS’s
examination of the incidental catch in
other target fisheries from 2003 through
2020.
The regulations do not designate the
remainder of the non-specified reserve
by species or species group. Any
amount of the reserve may be
apportioned to a target species that
contributed to the non-specified
reserves during the year, provided that
such apportionments are consistent
with § 679.20(a)(3) and do not result in
overfishing (see § 679.20(b)(1)(i)). The
Regional Administrator has determined
that the ITACs specified for certain
species listed in Tables 1 and 2 need to
be supplemented from the non-specified
reserve because U.S. fishing vessels
have demonstrated the capacity to catch
the full TAC allocations. Therefore, in
accordance with § 679.20(b), NMFS is
apportioning the amounts shown in
Table 3 from the non-specified reserve
to increase the ITAC for AI ‘‘other
rockfish’’ by 15 percent of the ‘‘other
rockfish’’ TAC in 2021 and 2022.
E:\FR\FM\25FER1.SGM
25FER1
11456
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
TABLE 3—FINAL 2021 AND 2022 APPORTIONMENT OF NON-SPECIFIED RESERVES TO ITAC CATEGORIES
[Amounts are in metric tons]
Species-area or subarea
2021 reserve
amount
2021 ITAC
2021 final TAC
2022 ITAC
2022 reserve
amount
2022 final TAC
Other rockfish-Aleutian Islands subarea ..
335
59
394
335
59
394
Total ..................................................
335
59
394
335
59
394
Allocation of Pollock TAC Under the
American Fisheries Act (AFA)
Section 679.20(a)(5)(i)(A) requires that
the BS pollock TAC be apportioned as
a DFA, after subtracting 10 percent for
the CDQ program and 4 percent for the
ICA, as follows: 50 percent to the
inshore sector, 40 percent to the
catcher/processor (CP) sector, and 10
percent to the mothership sector. In the
BS, 45 percent of the DFA is allocated
to the A season (January 20–June 10),
and 55 percent of the DFA is allocated
to the B season (June 10–November 1)
(§§ 679.20(a)(5)(i)(B)(1) and
679.23(e)(2)). The AI directed pollock
fishery allocation to the Aleut
Corporation is the amount of pollock
TAC remaining in the AI after
subtracting 1,900 mt for the CDQ DFA
(10 percent) and 2,500 mt for the ICA
(§ 679.20(a)(5)(iii)(B)(2)). In the AI, the
total A season apportionment of the
TAC (including the AI directed fishery
allocation, the CDQ DFA, and the ICA)
may equal up to 40 percent of the ABC
for AI pollock, and the remainder of the
TAC is allocated to the B season
(§ 679.20(a)(5)(iii)(B)(3)). Tables 4 and 5
list these 2021 and 2022 amounts.
Section 679.20(a)(5)(iii)(B)(6) sets
harvest limits for pollock in the A
season (January 20 to June 10) in Areas
543, 542, and 541. In Area 543, the A
season pollock harvest limit is no more
than 5 percent of the AI pollock ABC.
In Area 542, the A season pollock
harvest limit is no more than 15 percent
of the AI pollock ABC. In Area 541, the
A season pollock harvest limit is no
more than 30 percent of the AI pollock
ABC.
Section 679.20(a)(5)(i)(A)(4) also
includes several specific requirements
regarding BS pollock allocations. First,
it requires that 8.5 percent of the
pollock allocated to the CP sector be
available for harvest by AFA catcher
vessels (CVs) with CP sector
endorsements, unless the Regional
Administrator receives a cooperative
contract that allows for the distribution
of harvest among AFA CPs and AFA
CVs in a manner agreed to by all
members. Second, AFA CPs not listed in
the AFA are limited to harvesting not
more than 0.5 percent of the pollock
allocated to the CP sector. Tables 4 and
5 list the 2021 and 2022 allocations of
pollock TAC. Table 20 lists the AFA CP
prohibited species sideboard limits, and
Tables 21 and 22 list the AFA CV
groundfish and prohibited species
sideboard limits. The tables for the
pollock allocations to the BS inshore
pollock cooperatives and open access
sector will be posted on the Alaska
Region website at https://
www.fisheries.noaa.gov/alaska/
sustainable-fisheries/alaska-groundfishfisheries-management.
Tables 4 and 5 also list seasonal
apportionments of pollock and harvest
limits within the Steller Sea Lion
Conservation Area (SCA). The harvest of
pollock within the SCA, as defined at
§ 679.22(a)(7)(vii), is limited to no more
than 28 percent of the annual pollock
DFA before 12:00 noon, April 1, as
provided in § 679.20(a)(5)(i)(C). The A
season pollock SCA harvest limit will be
apportioned to each sector in proportion
to each sector’s allocated percentage of
the DFA.
TABLE 4—FINAL 2021 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
2021 A season 1
2021
Allocations
Area and sector
Bering Sea subarea TAC 1 ..............................................................................
CDQ DFA .........................................................................................................
ICA 1 .................................................................................................................
Total Bering Sea non-CDQ DFA .....................................................................
AFA Inshore .....................................................................................................
AFA Catcher/Processors 3 ...............................................................................
Catch by CPs ...........................................................................................
Catch by CVs 3 .........................................................................................
Unlisted CP Limit 4 ....................................................................................
AFA Motherships .............................................................................................
Excessive Harvesting Limit 5 ............................................................................
Excessive Processing Limit 6 ...........................................................................
AI subarea ABC ...............................................................................................
AI subarea TAC 1 .............................................................................................
CDQ DFA .........................................................................................................
ICA ...................................................................................................................
Aleut Corporation .............................................................................................
Area harvest limit 7 ...........................................................................................
541 ............................................................................................................
542 ............................................................................................................
543 ............................................................................................................
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
PO 00000
Frm 00070
Fmt 4700
Sfmt 4700
1,375,000
137,500
49,500
1,188,000
594,000
475,200
434,808
40,392
2,376
118,800
207,900
356,400
51,241
19,000
1,900
2,500
14,600
n/a
15,372
7,686
2,562
A season DFA
n/a
61,875
n/a
534,600
267,300
213,840
195,664
18,176
1,069
53,460
n/a
n/a
n/a
n/a
1,900
1,250
14,600
n/a
n/a
n/a
n/a
E:\FR\FM\25FER1.SGM
25FER1
SCA harvest
limit 2
n/a
38,500
n/a
332,640
166,320
133,056
n/a
n/a
n/a
33,264
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
2021 B
season 1
B season DFA
n/a
75,625
n/a
653,400
326,700
261,360
239,144
22,216
1,307
65,340
n/a
n/a
n/a
n/a
........................
1,250
........................
n/a
n/a
n/a
n/a
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
11457
TABLE 4—FINAL 2021 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1—Continued
[Amounts are in metric tons]
2021 A season 1
2021
Allocations
Area and sector
Bogoslof District ICA 8 ......................................................................................
A season DFA
250
2021 B
season 1
SCA harvest
limit 2
n/a
B season DFA
n/a
n/a
1 Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea (BS) subarea pollock TAC, after subtracting the CDQ DFA (10 percent) and the ICA (4 percent), is allocated as a DFA as follows: Inshore sector—50 percent, catcher/processor sector (CP)—40 percent, and mothership sector—10 percent. In the BS subarea, 45 percent of the DFA is allocated to the A season (January 20–June 10) and 55 percent of the DFA is allocated to the
B season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) through (iii), the annual AI subarea pollock TAC, after subtracting first for
the CDQ DFA (10 percent) and second for the ICA (2,500 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the AI subarea, the A season is allocated up to 40 percent of the AI pollock ABC.
2 In the BS subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector’s annual DFA may be taken from the SCA before
noon, April 1.
3 Pursuant to § 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed CPs shall be available for harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a CP sector cooperative for the year.
4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/
processor sector’s allocation of pollock.
5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
pollock DFAs.
6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ
pollock DFAs.
7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in
Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the AI pollock ABC.
8 Pursuant to § 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The amounts specified are for incidental catch
only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
TABLE 5—FINAL 2022 ALLOCATIONS OF POLLOCK TACS TO THE DIRECTED POLLOCK FISHERIES AND TO THE CDQ
DIRECTED FISHING ALLOWANCES (DFA) 1
[Amounts are in metric tons]
2022 A season 1
2022
Allocations
Area and sector
Bering Sea subarea TAC 1 ..............................................................................
CDQ DFA .........................................................................................................
ICA 1 .................................................................................................................
Total Bering Sea non-CDQ DFA .....................................................................
AFA Inshore .....................................................................................................
AFA Catcher/Processors 3 ...............................................................................
Catch by CPs ...........................................................................................
Catch by CVs 3 .........................................................................................
Unlisted CP Limit 4 ....................................................................................
AFA Motherships .............................................................................................
Excessive Harvesting Limit 5 ............................................................................
Excessive Processing Limit 6 ...........................................................................
AI subarea ABC ...............................................................................................
AI subarea TAC 1 .............................................................................................
CDQ DFA .........................................................................................................
ICA ...................................................................................................................
Aleut Corporation .............................................................................................
Area harvest limit 7 ...........................................................................................
541 ............................................................................................................
542 ............................................................................................................
543 ............................................................................................................
Bogoslof District ICA 8 ......................................................................................
1,400,000
140,000
50,400
1,209,600
604,800
483,840
442,714
41,126
2,419
120,960
211,680
362,880
50,789
19,000
1,900
2,500
14,600
n/a
15,237
7,618
2,539
100
A season DFA
n/a
63,000
n/a
544,320
272,160
217,728
199,221
18,507
1,089
54,432
n/a
n/a
n/a
n/a
1,900
1,250
14,600
n/a
n/a
n/a
n/a
n/a
SCA harvest
limit 2
n/a
39,200
n/a
338,688
169,344
135,475
n/a
n/a
n/a
33,869
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
2022 B
season 1
B season DFA
n/a
77,000
n/a
665,280
332,640
266,112
243,492
22,620
1,331
66,528
n/a
n/a
n/a
n/a
........................
1,250
........................
n/a
n/a
n/a
n/a
n/a
1 Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea (BS) subarea pollock TAC, after subtracting the CDQ DFA (10 percent) and the ICA (4 percent), is allocated as a DFA as follows: Inshore sector—50 percent, catcher/processor sector (CP)—40 percent, and mothership sector—10 percent. In the BS subarea, 45 percent of the DFA is allocated to the A season (January 20–June 10) and 55 percent of the DFA is allocated to the
B season (June 10–November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i) through (iii), the annual AI subarea pollock TAC, after subtracting first for
the CDQ DFA (10 percent) and second for the ICA (2,500 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the AI subarea, the A season is allocated up to 40 percent of the AI pollock ABC.
2 In the BS subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector’s annual DFA may be taken from the SCA before
noon, April 1.
3 Pursuant to § 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed CPs shall be available for harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a CP sector cooperative for the year.
4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/
processor sector’s allocation of pollock.
5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ
pollock DFAs.
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
PO 00000
Frm 00071
Fmt 4700
Sfmt 4700
E:\FR\FM\25FER1.SGM
25FER1
11458
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ
pollock DFAs.
7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in
Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the AI pollock ABC.
8 Pursuant to § 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The amounts specified are for incidental catch
only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the Atka Mackerel TACs
Section 679.20(a)(8) allocates the Atka
mackerel TACs to the Amendment 80
and BSAI trawl limited access sectors,
after subtracting the CDQ reserves, ICAs
for the BSAI trawl limited access sector
and non-trawl gear sector, and the jig
gear allocation (Tables 6 and 7). The
percentage of the ITAC for Atka
mackerel allocated to the Amendment
80 and BSAI trawl limited access sectors
is listed in Table 33 to 50 CFR part 679
and in § 679.91. Pursuant to
§ 679.20(a)(8)(i), up to 2 percent of the
EAI and the BS Atka mackerel TAC may
be allocated to vessels using jig gear.
The percent of this allocation is
recommended annually by the Council
based on several criteria, including,
among other criteria, the anticipated
harvest capacity of the jig gear fleet. The
Council recommended, and NMFS
approves, a 0.5 percent allocation of the
Atka mackerel ITAC in the EAI and BS
to the jig gear sector in 2021 and 2022.
Section 679.20(a)(8)(ii)(A) apportions
the Atka mackerel TAC into two equal
seasonal allowances. Section
679.23(e)(3) sets the first seasonal
allowance for directed fishing with
trawl gear from January 20 through June
10 (A season), and the second seasonal
allowance from June 10 through
December 31 (B season). Section
679.23(e)(4)(iii) applies Atka mackerel
seasons to CDQ Atka mackerel trawl
fishing. The ICAs and jig gear
allocations are not apportioned by
season.
Sections 679.20(a)(8)(ii)(C)(1)(i) and
(ii) limits Atka mackerel catch within
waters 0 nmi to 20 nmi of Steller sea
lion sites listed in Table 6 to 50 CFR
part 679 and located west of 178° W
longitude to no more than 60 percent of
the annual TACs in Areas 542 and 543,
and equally divides the annual TACs
between the A and B seasons as defined
at § 679.23(e)(3). Section
679.20(a)(8)(ii)(C)(2) requires that the
annual TAC in Area 543 will be no more
than 65 percent of the ABC in Area 543.
Section 679.20(a)(8)(ii)(D) requires that
any unharvested Atka mackerel A
season allowance that is added to the B
season be prohibited from being
harvested within waters 0 nmi to 20 nmi
of Steller sea lion sites listed in Table
6 to 50 CFR part 679 and located in
Areas 541, 542, and 543.
Tables 6 and 7 list these 2021 and
2022 Atka mackerel seasonal and area
allowances, and the sector allocations.
One Amendment 80 cooperative has
formed for the 2021 fishing year.
Because all Amendment 80 vessels are
part of the sole Amendment 80
cooperative, no allocation to the
Amendment 80 limited access sector is
required for 2021. The 2022 allocations
for Atka mackerel between Amendment
80 cooperatives and the Amendment 80
limited access sector will not be known
until eligible participants apply for
participation in the program by
November 1, 2021.
TABLE 6—FINAL 2021 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL CATCH
ALLOWANCE, AND AMENDMENT 80 ALLOCATIONS OF THE BSAI ATKA MACKEREL TAC
[Amounts are in metric tons]
2021 allocation by area
Sector 1
Season 2 3 4
TAC ........................................................
CDQ reserve ..........................................
n/a .........................................................
Total ......................................................
A ............................................................
Critical Habitat .......................................
B ............................................................
Critical Habitat .......................................
n/a .........................................................
Total ......................................................
Total ......................................................
Total ......................................................
A ............................................................
Critical Habitat .......................................
B ............................................................
Critical Habitat .......................................
Total ......................................................
A ............................................................
Critical Habitat .......................................
B ............................................................
Critical Habitat .......................................
Non-CDQ TAC .......................................
ICA .........................................................
Jig 6 ........................................................
BSAI trawl limited access ......................
Amendment 80 sector ............................
Eastern Aleutian
district/Bering Sea
25,760
2,756
1,378
n/a
1,378
n/a
23,004
800
111
2,209
1,105
n/a
1,105
n/a
19,883
9,942
n/a
9,942
n/a
Central Aleutian
district 5
Western Aleutian
district
15,450
1,653
827
496
827
496
13,797
75
..............................
1,372
686
412
686
412
12,350
6,175
3,705
6,175
3,705
21,047
2,252
1,126
676
1,126
676
18,795
20
..............................
..............................
..............................
..............................
..............................
..............................
18,775
9,387
5,632
9,387
5,632
1 Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31).
2 Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
3 The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
4 Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from January 20 to June 10 and the B
season from June 10 to December 31.
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
PO 00000
Frm 00072
Fmt 4700
Sfmt 4700
E:\FR\FM\25FER1.SGM
25FER1
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
11459
5 Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to be caught inside of Steller sea
lion critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the annual TACs between the A and B seasons as defined at § 679.23(e)(3);
and section 679.20(a)(8)(ii)(C)(2) requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
6 Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the EAI District and the BS subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets the amount of this allocation for 2021 at 0.5 percent. The jig gear allocation is not apportioned
by season.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
TABLE 7—FINAL 2022 SEASONAL AND SPATIAL ALLOWANCES, GEAR SHARES, CDQ RESERVE, INCIDENTAL CATCH
ALLOWANCE, AND AMENDMENT 80 ALLOCATION OF THE BSAI ATKA MACKEREL TAC
[Amounts are in metric tons]
2022 allocation by area
Sector 1
Season 2 3 4
TAC ........................................................
CDQ reserve ..........................................
n/a .........................................................
Total ......................................................
A ............................................................
Critical Habitat .......................................
B ............................................................
Critical Habitat .......................................
n/a .........................................................
Total ......................................................
Total ......................................................
Total ......................................................
A ............................................................
Critical Habitat .......................................
B ............................................................
Critical Habitat .......................................
Total ......................................................
A ............................................................
Critical Habitat .......................................
B ............................................................
Critical Habitat .......................................
non-CDQ TAC ........................................
ICA .........................................................
Jig 6 ........................................................
BSAI trawl limited access ......................
Amendment 80 sectors 7 ........................
Eastern Aleutian
district/Bering
Sea 5
23,880
2,555
1,278
n/a
1,278
n/a
21,325
800
103
2,042
1,021
n/a
1,021
n/a
18,380
9,190
n/a
9,190
n/a
Central Aleutian
district 5
Western Aleutian
district 5
14,330
1,533
767
460
767
460
12,797
75
..............................
1,272
636
382
636
382
11,450
5,725
3,435
5,725
3,435
19,507
2,087
1,044
626
1,044
626
17,420
20
..............................
..............................
..............................
..............................
..............................
..............................
17,400
8,700
5,220
8,700
5,220
1 Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR part 679 and § 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see §§ 679.20(b)(1)(ii)(C) and 679.31).
2 Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel fishery.
3 The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
4 Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from January 20 to June 10 and the B
season from June 10 to December 31.
5 Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to be caught inside of Steller sea
lion critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the annual TACs between the A and B seasons as defined at § 679.23(e)(3);
and section 679.20(a)(8)(ii)(C)(2) requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
6 Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the EAI District and the BS subarea TAC be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets the amount of this allocation for 2022 at 0.5 percent. The jig gear allocation is not apportioned
by season.
7 The 2022 allocations for Atka mackerel between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known
until eligible participants apply for participation in the program by November 1, 2021.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the Pacific Cod TAC
The Council separated BSAI subarea
OFLs, ABCs, and TACs for Pacific cod
in 2014 (79 FR 12108, March 4, 2014).
Section 679.20(b)(1)(ii)(C) allocates 10.7
percent of the BS TAC and the AI TAC
to the CDQ program. After CDQ
allocations have been deducted from the
respective BS and AI Pacific cod TACs,
the remaining BSAI Pacific cod TACs
are combined for calculating further
BSAI Pacific cod sector allocations. If
the non-CDQ Pacific cod TAC is or will
be reached in either the BS or the AI
subareas, NMFS will prohibit non-CDQ
directed fishing for Pacific cod in that
subarea as provided in
§ 679.20(d)(1)(iii).
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
Sections 679.20(a)(7)(i) and (ii)
allocate to the non-CDQ sectors the
Pacific cod TAC in the combined BSAI,
after subtracting 10.7 percent for the
CDQ program, as follows: 1.4 percent to
vessels using jig gear; 2.0 percent to
hook-and-line or pot CVs less than 60 ft
(18.3 m) length overall (LOA); 0.2
percent to hook-and-line CVs greater
than or equal to 60 ft (18.3 m) LOA; 48.7
percent to hook-and-line CPs; 8.4
percent to pot CVs greater than or equal
to 60 ft (18.3 m) LOA; 1.5 percent to pot
CPs; 2.3 percent to AFA trawl CPs; 13.4
percent to Amendment 80 sector; and
22.1 percent to trawl CVs. The ICA for
the hook-and-line and pot sectors will
be deducted from the aggregate portion
of Pacific cod TAC allocated to the
PO 00000
Frm 00073
Fmt 4700
Sfmt 4700
hook-and-line and pot sectors. For 2021
and 2022, the Regional Administrator
establishes an ICA of 400 mt based on
anticipated incidental catch by these
sectors in other fisheries.
The ITAC allocation of Pacific cod to
the Amendment 80 sector is established
in Table 33 to 50 CFR part 679 and
§ 679.91. One Amendment 80
cooperative has formed for the 2021
fishing year. Because all Amendment 80
vessels are part of the sole Amendment
80 cooperative, no allocation to the
Amendment 80 limited access sector is
required for 2021. The 2022 allocations
for Pacific cod between Amendment 80
cooperatives and the Amendment 80
limited access sector will not be known
until eligible participants apply for
E:\FR\FM\25FER1.SGM
25FER1
11460
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
participation in the program by
November 1, 2021.
The sector allocations of Pacific cod
are apportioned into seasonal
allowances to disperse the Pacific cod
fisheries over the fishing year (see
§§ 679.20(a)(7)(i)(B), 679.20(a)(7)(iv)(A),
and 679.23(e)(5)). In accordance with
§ 679.20(a)(7)(iv)(B) and (C), any unused
portion of a seasonal Pacific cod
allowance for any sector, except the jig
sector, will become available at the
beginning of that sector’s next seasonal
allowance.
Section 679.20(a)(7)(vii) requires that
the Regional Administrator establish an
Area 543 Pacific cod harvest limit based
on Pacific cod abundance in Area 543
as determined by the annual stock
assessment process. Based on the 2020
stock assessment, the Regional
Administrator determined for 2021 and
2022 the estimated amount of Pacific
cod abundance in Area 543 is 15.7
percent of the total AI abundance. To
calculate the Area 543 Pacific cod
harvest limit, NMFS first subtracts the
State GHL Pacific cod amount from the
AI Pacific cod ABC. Then NMFS
determines the harvest limit in Area 543
by multiplying the percentage of Pacific
cod estimated in Area 543 (15.7 percent)
by the remaining ABC for AI Pacific
cod. Based on these calculations, the
Area 543 harvest limit is 2,166 mt for
2021 and 2022.
On March 21, 2019, the final rule
adopting Amendment 113 to the FMP
(81 FR 84434, November 23, 2016) was
vacated by the U.S. District Court for the
District of Columbia (Groundfish Forum
v. Ross, No. 16–2495 (D.D.C. March 21,
2019)), and the corresponding
regulations implementing Amendment
113 are no longer in effect. Therefore,
this final rule is not specifying amounts
for the AI Pacific Cod Catcher Vessel
Harvest Set-Aside Program (see
§ 679.20(a)(7)(viii)).
Table 8 and Table 9 list the CDQ and
non-CDQ seasonal allowances by gear,
as well as the non-CDQ sector
allocations, based on the final 2021 and
2022 Pacific cod TACs.
TABLE 8—FINAL 2021 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC
[Amounts are in metric tons]
Sector
Percent
2021 share of
total
2021 share of
sector total
BS TAC .............................................
BS CDQ ............................................
BS non-CDQ TAC .............................
AI TAC ..............................................
AI CDQ ..............................................
AI non-CDQ TAC ..............................
Western Aleutian Island Limit ...........
Total BSAI non-CDQ TAC 1 ..............
Total hook-and-line/pot gear .............
Hook-and-line/pot ICA 2 ....................
Hook-and-line/pot sub-total ...............
Hook-and-line catcher/processor ......
n/a
n/a
n/a
n/a
n/a
n/a
n/a
100
60.8
n/a
n/a
48.7
111,380
11,918
99,462
13,796
1,476
12,320
2,166
111,782
67,964
400
67,564
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
54,118
Hook-and-line catcher vessel ≥60 ft
LOA.
Pot catcher/processor .......................
0.2
n/a
222
1.5
n/a
1,667
Pot catcher vessel ≥60 ft LOA ..........
8.4
n/a
9,334
Catcher vessel <60 ft LOA using
hook-and-line or pot gear.
Trawl catcher vessel .........................
2.0
n/a
2,222
22.1
24,704
n/a
AFA trawl catcher/processor .............
2.3
2,571
n/a
Amendment 80 ..................................
13.4
14,979
n/a
Jig ......................................................
1.4
1,565
n/a
2021 seasonal apportionment
Season
Amount
n/a ....................................................
see § 679.20(a)(7)(i)(B) ....................
n/a ....................................................
n/a ....................................................
see § 679.20(a)(7)(i)(B) ....................
n/a ....................................................
n/a ....................................................
n/a ....................................................
n/a ....................................................
see § 679.20(a)(7)(ii)(B) ...................
n/a ....................................................
Jan 1–Jun 10 ...................................
Jun 10–Dec 31 .................................
Jan 1–Jun 10 ...................................
Jun 10–Dec 31 .................................
Jan 1–Jun 10 ...................................
Sept 1–Dec 31 .................................
Jan 1–Jun 10 ...................................
Sept 1–Dec 31 .................................
n/a ....................................................
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
27,600
26,518
113
109
850
817
4,761
4,574
n/a
Jan 20–Apr 1 ....................................
Apr 1–Jun 10 ....................................
Jun 10–Nov 1 ...................................
Jan 20–Apr 1 ....................................
Apr 1–Jun 10 ....................................
Jun 10–Nov 1 ...................................
Jan 20–Apr 1 ....................................
Apr 1–Jun 10 ....................................
Jun 10–Dec 31 .................................
Jan 1–Apr 30 ....................................
Apr 30–Aug 31 .................................
Aug 31–Dec 31 ................................
18,281
2,717
3,706
1,928
643
11,234
3,745
939
313
313
1 The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI Pacific cod TACs, after the
subtraction of the reserves for the CDQ program. If the TAC for Pacific cod in either the AI or BS is or will be reached, then directed fishing for
Pacific cod in that subarea will be prohibited, even if a BSAI allowance remains (§ 679.20(d)(1)(iii)).
2 The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line
and pot sectors. The Regional Administrator approves an ICA of 400 mt for 2021 based on anticipated incidental catch in these fisheries.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
PO 00000
Frm 00074
Fmt 4700
Sfmt 4700
E:\FR\FM\25FER1.SGM
25FER1
11461
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
TABLE 9—FINAL 2022 SECTOR ALLOCATIONS AND SEASONAL ALLOWANCES OF THE BSAI PACIFIC COD TAC
[Amounts are in metric tons]
Sector
2022 share
total
Percent
2022 seasonal apportionment
2022 share of
sector total
BS TAC .............................................
BS CDQ ............................................
BS non-CDQ TAC .............................
AI TAC ..............................................
AI CDQ ..............................................
AI non-CDQ TAC ..............................
Western Aleutian Island Limit ...........
Total BSAI non-CDQ TAC 1 ..............
Total hook-and-line/pot gear .............
Hook-and-line/pot ICA 2 ....................
Hook-and-line/pot sub-total ...............
Hook-and-line catcher/processor ......
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
60.8
n/a
n/a
48.7
95,053
10,171
84,882
13,796
1,476
12,320
2,166
97,202
59,099
400
58,699
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
47,017
Hook-and-line catcher vessel ≥60 ft
LOA.
Pot catcher/processor .......................
0.2
n/a
193
1.5
n/a
1,448
Pot catcher vessel ≥60 ft LOA ..........
8.4
n/a
8,110
Catcher vessel <60 ft LOA using
hook-and-line or pot gear.
Trawl catcher vessel .........................
2.0
n/a
1,931
22.1
21,482
n/a
AFA trawl catcher/processor .............
2.3
2,236
n/a
Amendment 80 ..................................
13.4
13,025
n/a
Jig ......................................................
1.4
1,361
n/a
Season
Amount
n/a ....................................................
see § 679.20(a)(7)(i)(B) ....................
n/a ....................................................
n/a ....................................................
see § 679.20(a)(7)(i)(B) ....................
n/a ....................................................
n/a ....................................................
n/a ....................................................
n/a ....................................................
see § 679.20(a)(7)(ii)(B) ...................
n/a ....................................................
Jan 1–Jun 10 ...................................
Jun 10–Dec 31 .................................
Jan 1–Jun 10 ...................................
Jun 10–Dec 31 .................................
Jan 1–Jun 10 ...................................
Sept 1–Dec 31 .................................
Jan 1–Jun 10 ...................................
Sept 1–Dec 31 .................................
n/a ....................................................
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
23,979
23,038
98
95
739
710
4,136
3,974
n/a
Jan 20–Apr 1 ....................................
Apr 1–Jun 10 ....................................
Jun 10–Nov 1 ...................................
Jan 20–Apr 1 ....................................
Apr 1–Jun 10 ....................................
Jun 10–Nov 1 ...................................
Jan 20–Apr 1 ....................................
Apr 1–Jun 10 ....................................
Jun 10–Dec 31 .................................
Jan 1–Apr 30 ....................................
Apr 30–Aug 31 .................................
Aug 31–Dec 31 ................................
15,896
2,363
3,222
1,677
559
9,769
3,256
816
272
272
1 The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and AI Pacific cod TACs, after the
subtraction of the reserves for the CDQ program. If the TAC for Pacific cod in either the AI or BS is or will be reached, then directed fishing for
Pacific cod in that subarea will be prohibited, even if a BSAI allowance remains (§ 679.20(d)(1)(iii)).
2 The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC allocated to the hook-and-line
and pot sectors. The Regional Administrator approves an ICA of 400 mt for 2022 based on anticipated incidental catch in these fisheries.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Sablefish Gear Allocation
Sections 679.20(a)(4)(iii) and (iv)
require allocation of the sablefish TAC
for the BS and AI subareas between the
trawl gear and hook-and-line or pot gear
sectors. Gear allocations of the sablefish
TAC for the BS are 50 percent for trawl
gear and 50 percent for hook-and-line or
pot gear. Gear allocations of the TAC for
the AI are 25 percent for trawl gear and
75 percent for hook-and-line or pot gear.
Section 679.20(b)(1)(ii)(B) requires that
NMFS apportions 20 percent of the
hook-and-line or pot gear allocation of
sablefish TAC to the CDQ reserve for
each subarea. Also,
§ 679.20(b)(1)(ii)(D)(1) requires that in
the BS and AI 7.5 percent of the trawl
gear allocation of sablefish TAC from
the non-specified reserve, established
under § 679.20(b)(1)(i), be assigned to
the CDQ reserve.
The Council recommended that only
trawl sablefish TAC be established
biennially. The harvest specifications
for the hook-and-line gear or pot gear
sablefish Individual Fishing Quota (IFQ)
fisheries are limited to the 2021 fishing
year to ensure those fisheries are
conducted concurrently with the halibut
IFQ fishery. Concurrent sablefish and
halibut IFQ fisheries reduce the
potential for discards of halibut and
sablefish in those fisheries. The
sablefish IFQ fisheries remain closed at
the beginning of each fishing year until
the final harvest specifications for the
sablefish IFQ fisheries are in effect.
Table 10 lists the 2021 and 2022 gear
allocations of the sablefish TAC and
CDQ reserve amounts.
TABLE 10—FINAL 2021 AND 2022 GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS
[Amounts are in metric tons]
Subarea and gear
Percent of
TAC
Bering Sea:
Trawl 1 ...................
VerDate Sep<11>2014
16:18 Feb 24, 2021
2021 share of
TAC
50
Jkt 253001
1,698
PO 00000
Frm 00075
2021 CDQ
reserve
2021 ITAC
1,443
Fmt 4700
Sfmt 4700
2022 share of
TAC
127
E:\FR\FM\25FER1.SGM
2,432
25FER1
2022 ITAC
2,067
2022 CDQ
reserve
182
11462
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
TABLE 10—FINAL 2021 AND 2022 GEAR SHARES AND CDQ RESERVE OF BSAI SABLEFISH TACS—Continued
[Amounts are in metric tons]
Subarea and gear
Percent of
TAC
2021 share of
TAC
2021 CDQ
reserve
2021 ITAC
2022 share of
TAC
2022 ITAC
2022 CDQ
reserve
Hook-and-line/pot
gear 2 .................
50
1,698
1,358
340
n/a
n/a
n/a
Total ...............
100
3,396
2,802
467
2,432
2,067
182
25
1,179
1,002
88
1,265
1,075
95
75
3,538
2,830
708
n/a
n/a
n/a
100
4,717
3,833
796
1,265
1,075
95
Aleutian Islands:
Trawl 1 ...................
Hook-and-line/pot
gear 2 .................
Total ...............
1 For
the sablefish trawl gear allocations, 15 percent of TAC is apportioned to the non-specified reserve (§ 679.20(b)(1)(i)). The ITAC is the remainder of the TAC after subtracting this reserve. In the BS and AI, 7.5 percent of the trawl gear allocation from the non-specified reserve is assigned to the CDQ reserve (§ 679.20(b)(1)(ii)(D)(1)).
2 For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC for the BS and AI
is reserved for use by CDQ participants (§ 679.20(b)(1)(ii)(B)). The Council recommended that specifications for the hook-and-line or pot gear sablefish IFQ fisheries be limited to one year.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the AI Pacific Ocean
Perch, and BSAI Flathead Sole, Rock
Sole, and Yellowfin Sole TACs
Sections 679.20(a)(10)(i) and (ii)
require that NMFS allocate AI Pacific
ocean perch, and BSAI flathead sole,
rock sole, and yellowfin sole ITACs
between the Amendment 80 sector and
the BSAI trawl limited access sector,
after subtracting 10.7 percent for the
CDQ reserves and ICAs for the BSAI
trawl limited access sector and vessels
using non-trawl gear. The allocations of
the ITACs for AI Pacific ocean perch,
and BSAI flathead sole, rock sole, and
yellowfin sole to the Amendment 80
sector are established in accordance
with Tables 33 and 34 to 50 CFR part
679 and § 679.91.
One Amendment 80 cooperative has
formed for the 2021 fishing year.
Because all Amendment 80 vessels are
part of the sole Amendment 80
cooperative, no allocation to the
Amendment 80 limited access sector is
required for 2021. The 2022 allocations
for Amendment 80 species between
Amendment 80 cooperatives and the
Amendment 80 limited access sector
will not be known until eligible
participants apply for participation in
the program by November 1, 2021.
Tables 11 and 12 list the 2021 and 2022
allocations of the AI Pacific ocean
perch, and BSAI flathead sole, rock sole,
and yellowfin sole TACs.
TABLE 11—FINAL 2021 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND
AMENDMENT 80 ALLOCATIONS OF THE AI PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS
[Amounts are in metric tons]
Pacific ocean perch
Sector
Eastern
Aleutian
district
TAC ..........................................................
CDQ .........................................................
ICA ...........................................................
BSAI trawl limited access ........................
Amendment 80 .........................................
Central
Aleutian
district
8,419
901
100
742
6,676
Western
Aleutian
district
6,198
663
60
547
4,927
10,500
1,124
10
187
9,179
Flathead
sole
Rock
sole
Yellowfin
sole
BSAI
BSAI
BSAI
25,000
2,675
3,000
........................
19,325
54,500
5,832
6,000
........................
42,669
200,000
21,400
4,000
34,782
139,818
Note: Sector apportionments may not total precisely due to rounding.
TABLE 12—FINAL 2022 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND
AMENDMENT 80 ALLOCATIONS OF THE AI PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS
[Amounts are in metric tons]
Pacific ocean perch
Sector
Eastern
Aleutian
district
TAC ..........................................................
CDQ .........................................................
ICA ...........................................................
BSAI trawl limited access ........................
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
8,041
860
100
708
PO 00000
Frm 00076
Central
Aleutian
district
Western
Aleutian
district
5,919
633
60
523
Fmt 4700
Sfmt 4700
10,500
1,124
10
187
Flathead
sole
Rock
sole
Yellowfin
sole
BSAI
BSAI
BSAI
25,000
2,675
3,000
........................
54,500
5,832
6,000
........................
E:\FR\FM\25FER1.SGM
25FER1
200,000
21,400
4,000
34,782
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
11463
TABLE 12—FINAL 2022 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND
AMENDMENT 80 ALLOCATIONS OF THE AI PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE TACS—Continued
[Amounts are in metric tons]
Pacific ocean perch
Sector
Eastern
Aleutian
district
Amendment 80 1 ......................................
Central
Aleutian
district
6,373
Western
Aleutian
district
4,703
9,179
Flathead
sole
Rock
sole
Yellowfin
sole
BSAI
BSAI
BSAI
19,325
42,669
139,818
1 The
2022 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not
be known until eligible participants apply for participation in the program by November 1, 2021.
Note: Sector apportionments may not total precisely due to rounding.
Section 679.2 defines the ABC surplus
for flathead sole, rock sole, and
yellowfin sole as the difference between
the annual ABC and TAC for each
species. Section 679.20(b)(1)(iii)
establishes ABC reserves for flathead
sole, rock sole, and yellowfin sole. The
ABC surpluses and the ABC reserves are
necessary to mitigate the operational
variability, environmental conditions,
and economic factors that may constrain
the CDQ groups and the Amendment 80
cooperatives from achieving, on a
continuing basis, the optimum yield in
the BSAI groundfish fisheries. NMFS,
after consultation with the Council, may
set the ABC reserve at or below the ABC
surplus for each species, thus
maintaining the TAC below ABC limits.
An amount equal to 10.7 percent of the
ABC reserves will be allocated as CDQ
ABC reserves for flathead sole, rock
sole, and yellowfin sole. Section
679.31(b)(4) establishes the annual
allocations of CDQ ABC reserves among
the CDQ groups. The Amendment 80
ABC reserves are the ABC reserves
minus the CDQ ABC reserves. Section
679.91(i)(2) establishes each
Amendment 80 cooperative ABC reserve
to be the ratio of each cooperatives’
quota share units and the total
Amendment 80 quota share units,
multiplied by the Amendment 80 ABC
reserve for each respective species.
Table 13 lists the 2021 and 2022 ABC
surplus and ABC reserves for BSAI
flathead sole, rock sole, and yellowfin
sole.
TABLE 13—FINAL 2021 AND 2022 ABC SURPLUS, ABC RESERVES, COMMUNITY DEVELOPMENT QUOTA (CDQ) ABC
RESERVES, AND AMENDMENT 80 ABC RESERVES IN THE BSAI FOR FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE
[Amounts are in metric tons]
2021
Flathead sole
Sector
ABC ..........................................................
TAC ..........................................................
ABC surplus .............................................
ABC reserve .............................................
CDQ ABC reserve ...................................
Amendment 80 ABC reserve ...................
62,567
25,000
37,567
37,567
4,020
33,547
2021
Rock sole
2021
Yellowfin sole
140,306
54,500
85,806
85,806
9,181
76,625
313,477
200,000
113,477
113,477
12,142
101,335
2022 1
Flathead sole
64,119
25,000
39,119
39,119
4,186
34,933
2022 1
Rock sole
206,605
54,500
152,105
152,105
16,275
135,830
2022 1
Yellowfin sole
344,140
200,000
144,140
144,140
15,423
128,717
1 The 2022 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not
be known until eligible participants apply for participation in the program by November 1, 2021.
PSC Limits for Halibut, Salmon, Crab,
and Herring
Sections 679.21(b), (e), (f), and (g) sets
forth the BSAI PSC limits. Pursuant to
§ 679.21(b)(1), the annual BSAI halibut
PSC limits total 3,515 mt. Section
679.21(b)(1) allocates 315 mt of the
halibut PSC limit as the PSQ reserve for
use by the groundfish CDQ program,
1,745 mt of the halibut PSC limit for the
Amendment 80 sector, 745 mt of the
halibut PSC limit for the BSAI trawl
limited access sector, and 710 mt of the
halibut PSC limit for the BSAI non-trawl
sector.
Sections 679.21(b)(1)(iii)(A) and (B)
authorize apportionment of the BSAI
non-trawl halibut PSC limit into PSC
allowances among six fishery categories
in Table 17, and §§ 679.21(b)(1)(ii)(A)
and (B), (e)(3)(i)(B), and (e)(3)(iv) require
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
apportionment of the trawl PSC limits
in Tables 15 and 16 into PSC allowances
among seven fishery categories.
Pursuant to Section 3.6 of the FMP,
the Council recommends, and NMFS
agrees, that certain specified non-trawl
fisheries be exempt from the halibut
PSC limit. As in past years, after
consultation with the Council, NMFS
exempts the pot gear fishery, the jig gear
fishery, and the sablefish IFQ hook-andline gear fishery categories from halibut
bycatch restrictions for the following
reasons: (1) The pot gear fisheries have
low halibut bycatch mortality; (2) NMFS
estimates halibut mortality for the jig
gear fleet to be negligible because of the
small size of the fishery and the
selectivity of the gear; and (3) the
sablefish and halibut IFQ fisheries have
low halibut bycatch mortality because
the IFQ program requires that legal-size
PO 00000
Frm 00077
Fmt 4700
Sfmt 4700
halibut be retained by vessels using
fixed gear if a halibut IFQ permit holder
or a hired master is aboard and is
holding unused halibut IFQ for that
vessel category and the IFQ regulatory
area in which the vessel is operating
(§ 679.7(f)(11)).
The 2020 total groundfish catch for
the pot gear fishery in the BSAI was
41,517 mt, with an associated halibut
bycatch mortality of 5 mt. The 2020 jig
gear fishery harvested about 10 mt of
groundfish. Most vessels in the jig gear
fleet are exempt from observer coverage
requirements. As a result, observer data
are not available on halibut bycatch in
the jig gear fishery. As mentioned above,
NMFS estimates a negligible amount of
halibut bycatch mortality because of the
selective nature of jig gear and the low
mortality rate of halibut caught with jig
gear and released.
E:\FR\FM\25FER1.SGM
25FER1
11464
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
Under § 679.21(f)(2), NMFS annually
allocates portions of either 33,318,
45,000, 47,591, or 60,000 Chinook
salmon PSC limits among the AFA
sectors, depending on past bycatch
performance, on whether Chinook
salmon bycatch incentive plan
agreements (IPAs) are formed, and on
whether NMFS determines it is a low
Chinook salmon abundance year. NMFS
will determine that it is a low Chinook
salmon abundance year when
abundance of Chinook salmon in
western Alaska is less than or equal to
250,000 Chinook salmon. The State of
Alaska provides to NMFS an estimate of
Chinook salmon abundance using the 3System Index for western Alaska based
on the Kuskokwim, Unalakleet, and
Upper Yukon aggregate stock grouping.
If an AFA sector participates in an
approved IPA and has not exceeded its
performance standard under
§ 679.21(f)(6), and if it is not a low
Chinook salmon abundance year, then
NMFS will allocate a portion of the
60,000 Chinook salmon PSC limit to
that sector as specified in
§ 679.21(f)(3)(iii)(A). If no IPA is
approved, or if the sector has exceeded
its performance standard under
§ 679.21(f)(6), and if it is not a low
abundance year, then NMFS will
allocate a portion of the 47,591 Chinook
salmon PSC limit to that sector as
specified in § 679.21(f)(3)(iii)(C). If an
AFA sector participates in an approved
IPA and has not exceeded its
performance standard under
§ 679.21(f)(6), in a low abundance year,
then NMFS will allocate a portion of the
45,000 Chinook salmon PSC limit to
that sector as specified in
§ 679.21(f)(3)(iii)(B). If no IPA is
approved, or if the sector has exceeded
its performance standard under
§ 679.21(f)(6), and if in a low abundance
year, then NMFS will allocate a portion
of the 33,318 Chinook salmon PSC limit
to that sector as specified in
§ 679.21(f)(3)(iii)(D).
NMFS has determined that 2020 was
a low Chinook salmon abundance year,
based on the State’s estimate that
Chinook salmon abundance in western
Alaska is less than 250,000 Chinook
salmon. Therefore, in 2021, the Chinook
salmon PSC limit is 45,000 Chinook
salmon, allocated to each sector as
specified in § 679.21(f)(3)(iii)(B). The
AFA sector Chinook salmon PSC limits
are also seasonally apportioned with 70
percent for the A season pollock fishery,
and 30 percent for the B season pollock
fishery (§§ 679.21(f)(3)(i) and
679.23(e)(2)). In 2021, the Chinook
salmon bycatch performance standard
under § 679.21(f)(6) is 33,318 Chinook
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
salmon, allocated to each sector as
specified in § 679.21(f)(3)(iii)(D).
NMFS publishes the approved IPAs,
allocations, and reports at https://
alaskafisheries.noaa.gov/
sustainablefisheries/bycatch/
default.htm.
Section 679.21(g)(2)(i) specifies 700
fish as the 2021 and 2022 Chinook
salmon PSC limit for the AI pollock
fishery. Section 679.21(g)(2)(ii) allocates
7.5 percent, or 53 Chinook salmon, as
the AI PSQ reserve for the CDQ
program, and allocates the remaining
647 Chinook salmon to the non-CDQ
fisheries.
Section 679.21(f)(14)(i) specifies
42,000 fish as the 2021 and 2022 nonChinook salmon PSC limit for vessels
using trawl gear from August 15 through
October 14 in the Catcher Vessel
Operational Area (CVOA). Section
679.21(f)(14)(ii) allocates 10.7 percent,
or 4,494 non-Chinook salmon, in the
CVOA as the PSQ reserve for the CDQ
program, and allocates the remaining
37,506 non-Chinook salmon in the
CVOA to the non-CDQ fisheries.
PSC limits for crab and herring are
specified annually based on abundance
and spawning biomass. Section
679.21(e)(3)(i)(A)(1) allocates 10.7
percent from each trawl gear PSC limit
specified for crab as a PSQ reserve for
use by the groundfish CDQ program.
Based on the most recent (2019)
survey data, the red king crab mature
female abundance is estimated at 9.6668
million red king crabs, and the effective
spawning biomass is estimated at 25.120
million lbs (11,394 mt). Based on the
criteria set out at § 679.21(e)(1)(i), the
2021 and 2022 PSC limit of red king
crab in Zone 1 for trawl gear is 97,000
animals. This limit derives from the
mature female abundance estimate of
more than 8.4 million mature red king
crab and the effective spawning biomass
estimate of more than 14.5 million lbs
(6,577 mt) but less than 55 million lbs
(24,948 mt).
Section 679.21(e)(3)(ii)(B)(2)
establishes criteria under which NMFS
must specify an annual red king crab
bycatch limit for the Red King Crab
Savings Subarea (RKCSS) if the State
has established a GHL fishery for red
king crab in the Bristol Bay area in the
previous year. The regulations limit the
RKCSS red king crab bycatch limit to 25
percent of the red king crab PSC limit,
based on the need to optimize the
groundfish harvest relative to red king
crab bycatch. In December 2020, the
Council recommended and NMFS
concurs that the RKCSS red king crab
bycatch limit for 2021 and 2022 be
equal to 25 percent of the red king crab
PSC limit (Table 15).
PO 00000
Frm 00078
Fmt 4700
Sfmt 4700
Based on the most recent (2019)
survey data, Tanner crab (Chionoecetes
bairdi) abundance is estimated at 541
million animals. Pursuant to criteria set
out at § 679.21(e)(1)(ii), the calculated
2021 and 2022 C. bairdi crab PSC limit
for trawl gear is 980,000 animals in
Zone 1, and 2,970,000 animals in Zone
2. The limit in Zone 1 is based on the
abundance of C. bairdi estimated at 541
million animals, which is greater than
400 million animals. The limit in Zone
2 is based on the abundance of C. bairdi
estimated at 541 million animals, which
is greater than 400 million animals.
Pursuant to § 679.21(e)(1)(iii), the PSC
limit for trawl gear for snow crab
(Chionoecetes opilio) is based on total
abundance as indicated by the NMFS
annual bottom trawl survey. The C.
opilio crab PSC limit in the C. opilio
bycatch limitation zone (COBLZ) is set
at 0.1133 percent of the BS abundance
index minus 150,000 crabs, unless the
minimum or maximum PSC limit
applies. Based on the most recent (2019)
survey estimate of 6.48 billion animals,
the calculated C. opilio crab PSC limit
is 7,191,840 animals.
Pursuant to § 679.21(e)(1)(v), the PSC
limit of Pacific herring caught while
conducting any trawl operation for BSAI
groundfish is 1 percent of the annual
eastern BS herring biomass. The best
estimate of 2021 and 2022 herring
biomass is 272,281 mt. This amount was
developed by the Alaska Department of
Fish and Game based on biomass for
spawning aggregations. Therefore, the
herring PSC limit for 2021 and 2022 is
2,723 mt for all trawl gear as listed in
Tables 14 and 15.
Section 679.21(e)(3)(i)(A) requires that
PSQ reserves be subtracted from the
total trawl gear crab PSC limits. The
crab and halibut PSC limits apportioned
to the Amendment 80 and BSAI trawl
limited access sectors are listed in Table
35 to 50 CFR part 679. The resulting
2021 and 2022 allocations of PSC limit
to CDQ PSQ reserves, the Amendment
80 sector, and the BSAI trawl limited
access sector are listed in Table 14.
Pursuant to §§ 679.21(b)(1)(i),
679.21(e)(3)(vi), and 679.91(d) through
(f), crab and halibut trawl PSC limits
assigned to the Amendment 80 sector
are then further allocated to
Amendment 80 cooperatives as
cooperative quota. Crab and halibut PSC
cooperative quota assigned to
Amendment 80 cooperatives is not
allocated to specific fishery categories.
In 2021, there are no vessels in the
Amendment 80 limited access sector
and one Amendment 80 cooperative.
The 2022 PSC allocations between
Amendment 80 cooperatives and the
Amendment 80 limited access sector
E:\FR\FM\25FER1.SGM
25FER1
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
apportionments of halibut and crab PSC
amounts for the BSAI trawl limited
access and non-trawl sectors in order to
maximize the ability of the fleet to
harvest the available groundfish TAC
and to minimize bycatch. The factors to
be considered are (1) seasonal
distribution of prohibited species, (2)
seasonal distribution of target
groundfish species relative to prohibited
species distribution, (3) PSC bycatch
needs on a seasonal basis relevant to
prohibited species biomass and
expected catches of target groundfish
will not be known until eligible
participants apply for participation in
the program by November 1, 2021.
Section 679.21(e)(3)(i)(B) requires that
NMFS, after consultation with the
Council, apportion each trawl PSC limit
for crab and herring not assigned to
CDQ PSQ reserves or Amendment 80
cooperatives into PSC bycatch
allowances for seven specified fishery
categories in § 679.21(e)(3)(iv).
Sections 679.21(b)(2) and (e)(5)
authorize NMFS, after consulting with
the Council, to establish seasonal
11465
species, (4) expected variations in
bycatch rates throughout the year, (5)
expected changes in directed groundfish
fishing seasons, (6) expected start of
fishing effort, and (7) economic effects
of establishing seasonal prohibited
species apportionments on segments of
the target groundfish industry. Based on
this criteria, the Council recommended
and NMFS approves the seasonal PSC
apportionments in Tables 16 and 17 to
maximize harvest among gear types,
fisheries, and seasons while minimizing
bycatch of PSC.
TABLE 14—FINAL 2021 AND 2022 APPORTIONMENT OF PROHIBITED SPECIES CATCH ALLOWANCES TO NON-TRAWL GEAR,
THE CDQ PROGRAM, AMENDMENT 80, AND THE BSAI TRAWL LIMITED ACCESS SECTORS
PSC species and area
and zone 1
Total PSC
Halibut mortality (mt)
BSAI .........................
Herring (mt) BSAI ........
Red king crab (animals)
Zone 1 ......................
C. opilio (animals)
COBLZ ......................
C. bairdi crab (animals)
Zone 1 ......................
C. bairdi crab (animals)
Zone 2 ......................
Trawl PSC
remaining after
CDQ PSQ
CDQ PSQ
reserve 2
Non-trawl PSC
Amendment
80 sector 3
BSAI trawl
limited access
sector
BSAI PSC
limits not
allocated 3
3,515
2,723
710
n/a
315
n/a
n/a
n/a
1,745
n/a
745
n/a
........................
........................
97,000
n/a
10,379
86,621
43,293
26,489
16,839
7,191,840
n/a
769,527
6,422,313
3,156,567
2,064,131
1,201,615
980,000
n/a
104,860
875,140
368,521
411,228
95,390
2,970,000
n/a
317,790
2,652,210
627,778
1,241,500
782,932
1 Refer
to § 679.2 for definitions of areas and zones.
PSQ reserve for crab species is 10.7 percent of each crab PSC limit.
Amendment 80 program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to other gear types or sectors.
2 The
3 The
TABLE 15—FINAL 2021 AND 2022 HERRING AND RED KING CRAB SAVINGS SUBAREA PROHIBITED SPECIES CATCH
ALLOWANCES FOR ALL TRAWL SECTORS
Herring (mt)
BSAI
Fishery categories
Yellowfin sole ...........................................................................................................................................................
Rock sole/flathead sole/Alaska plaice/other flatfish 1 ..............................................................................................
Greenland turbot/arrowtooth flounder/Kamchatka flounder/sablefish .....................................................................
Rockfish ...................................................................................................................................................................
Pacific cod ...............................................................................................................................................................
Midwater trawl pollock .............................................................................................................................................
Pollock/Atka mackerel/other species 2 3 ..................................................................................................................
Red king crab savings subarea non-pelagic trawl gear 4 ........................................................................................
Total trawl PSC ................................................................................................................................................
Red king crab
(animals)
Zone 1
118
58
8
8
14
2,472
45
n/a
2,723
n/a
n/a
n/a
n/a
n/a
n/a
n/a
24,250
97,000
1 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder,
flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
2 Pollock other than midwater trawl pollock, Atka mackerel, and ‘‘other species’’ fishery category.
3 ‘‘Other species’’ for PSC monitoring includes skates, sharks, and octopuses.
4 In December 2020, the Council recommended and NMFS approves that the red king crab bycatch limit for non-pelagic trawl fisheries within
the RKCSS be limited to 25 percent of the red king crab PSC allowance (see § 679.21(e)(3)(ii)(B)(2)).
Note: Species allowances may not total precisely due to rounding.
TABLE 16—FINAL 2021 AND 2022 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED ACCESS
SECTOR
Prohibited species and area and zone 1
BSAI trawl limited access fisheries
Yellowfin sole .......................................................................
Rock sole/flathead sole/Alaska plaice/other flatfish 2 ..........
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
PO 00000
Halibut
mortality
(mt) BSAI
Red king crab
(animals)
Zone 1
C. opilio
(animals)
COBLZ
Zone 1
Zone 2
265
........................
23,338
........................
1,945,831
........................
346,228
........................
1,185,500
........................
Frm 00079
Fmt 4700
Sfmt 4700
E:\FR\FM\25FER1.SGM
25FER1
C. bairdi (animals)
11466
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
TABLE 16—FINAL 2021 AND 2022 PROHIBITED SPECIES BYCATCH ALLOWANCES FOR THE BSAI TRAWL LIMITED ACCESS
SECTOR—Continued
Prohibited species and area and zone 1
BSAI trawl limited access fisheries
Halibut
mortality
(mt) BSAI
Red king crab
(animals)
Zone 1
C. opilio
(animals)
COBLZ
C. bairdi (animals)
Zone 1
Zone 2
Greenland turbot/arrowtooth flounder/Kamchatka flounder/
sablefish ...........................................................................
Rockfish April 15–December 31 ..........................................
Pacific cod ............................................................................
Pollock/Atka mackerel/other species 3 .................................
........................
5
300
175
........................
........................
2,954
197
........................
3,214
82,939
32,147
........................
........................
60,000
5,000
........................
1,000
50,000
5,000
Total BSAI trawl limited access PSC ...........................
745
26,489
2,064,131
411,228
1,241,500
1 Refer
to § 679.2 for definitions of areas and zones.
2 ‘‘Other flatfish’’ for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder,
flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
3 ‘‘Other species’’ for PSC monitoring includes skates, sharks, and octopuses.
Note: Seasonal or sector allowances may not total precisely due to rounding.
TABLE 17—FINAL 2021 AND 2022 HALIBUT PROHIBITED SPECIES BYCATCH ALLOWANCES FOR NON-TRAWL FISHERIES
Halibut mortality (mt) BSAI
Catcher/
processor
Non-trawl fisheries
Seasons
Catcher vessel
All Non-Trawl
Pacific cod ......................................
Non-Pacific cod non-trawl-Total .....
Groundfish pot and jig ....................
Sablefish hook-and-line ..................
Total Pacific cod ............................
January 1–June 10 ........................
June 10–August 15 ........................
August 15–December 31 ...............
May 1–December 31 .....................
n/a ..................................................
n/a ..................................................
648
388
162
98
n/a
n/a
n/a
13
9
2
2
n/a
n/a
n/a
661.
n/a.
n/a.
n/a.
49.
Exempt.
Exempt.
Total for all non-trawl PSC ......
n/a ..................................................
n/a
n/a
710.
Note: Seasonal or sector allowances may not total precisely due to rounding.
Estimates of Halibut Biomass and Stock
Condition
The International Pacific Halibut
Commission (IPHC) annually assesses
the abundance and potential yield of the
Pacific halibut stock using all available
data from the commercial and sport
fisheries, other removals, and scientific
surveys. Additional information on the
Pacific halibut stock assessment may be
found in the IPHC’s 2020 Pacific halibut
stock assessment (December 2020),
available on the IPHC website at
www.iphc.int. The IPHC considered the
2020 Pacific halibut stock assessment at
its January 2021 annual meeting when
it set the 2021 commercial halibut
fishery catch limits.
Halibut Discard Mortality Rates
To monitor halibut bycatch mortality
allowances and apportionments, the
Regional Administrator uses observed
halibut incidental catch rates, halibut
discard mortality rates (DMRs), and
estimates of groundfish catch to project
when a fishery’s halibut bycatch
mortality allowance or seasonal
apportionment is reached. Halibut
incidental catch rates are based on
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
observers’ estimates of halibut
incidental catch in the groundfish
fishery. DMRs are estimates of the
proportion of incidentally caught
halibut that do not survive after being
returned to the sea. The cumulative
halibut mortality that accrues to a
particular halibut PSC limit is the
product of a DMR multiplied by the
estimated halibut PSC. DMRs are
estimated using the best scientific
information available in conjunction
with the annual BSAI stock assessment
process. The DMR methodology and
findings are included as an appendix to
the annual BSAI groundfish SAFE
report.
In 2016, the DMR estimation
methodology underwent revisions per
the Council’s directive. An interagency
halibut working group (IPHC, Council,
and NMFS staff) developed improved
estimation methods that have
undergone review by the Plan Team,
SSC, and the Council. A summary of the
revised methodology is included in the
BSAI proposed 2017 and 2018 harvest
specifications (81 FR 87863, December
6, 2016), and the comprehensive
discussion of the working group’s
statistical methodology is available from
PO 00000
Frm 00080
Fmt 4700
Sfmt 4700
the Council (see ADDRESSES). The DMR
working group’s revised methodology is
intended to improve estimation
accuracy, transparency, and
transferability used for calculating
DMRs. The working group will continue
to consider improvements to the
methodology used to calculate halibut
mortality, including potential changes
to the reference period (the period of
data used for calculating the DMRs).
Future DMRs may change based on
additional years of observer sampling,
which could provide more recent and
accurate data and which could improve
the accuracy of estimation and progress
on methodology. The methodology will
continue to ensure that NMFS is using
DMRs that more accurately reflect
halibut mortality, which will inform the
different sectors of their estimated
halibut mortality and allow specific
sectors to respond with methods that
could reduce mortality and, eventually,
the DMR for that sector.
At the December 2020 meeting, the
SSC, AP, and the Council concurred
with the revised DMR estimation
methodology, and NMFS adopts for
2021 and 2022 the DMRs calculated
under the revised methodology, which
E:\FR\FM\25FER1.SGM
25FER1
11467
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
uses an updated 2-year reference period.
The final 2021 and 2022 DMRs in this
rule are unchanged from the DMRs in
the proposed 2021 and 2022 harvest
specifications (85 FR 78096, December
3, 2020). Table 18 lists these final 2021
and 2022 DMRs.
TABLE 18—2021 AND 2022 PACIFIC HALIBUT DISCARD MORTALITY RATES (DMR) FOR THE BSAI
Halibut discard
mortality rate
(percent)
Gear
Sector
Pelagic trawl ................................................................................
Non-pelagic trawl ........................................................................
Non-pelagic trawl ........................................................................
Hook-and-line ..............................................................................
Hook-and-line ..............................................................................
Pot ...............................................................................................
All ...............................................................................................
Mothership and catcher/processor ............................................
Catcher vessel ...........................................................................
Catcher/processor ......................................................................
Catcher vessel ...........................................................................
All ...............................................................................................
Directed Fishing Closures
In accordance with § 679.20(d)(1)(i),
the Regional Administrator may
establish a DFA for a species or species
group if the Regional Administrator
determines that any allocation or
apportionment of a target species has
been or will be reached. If the Regional
Administrator establishes a DFA, and
that allowance is or will be reached
before the end of the fishing year, NMFS
will prohibit directed fishing for that
species or species group in the specified
subarea, regulatory area, or district (see
§ 679.20(d)(1)(iii)). Similarly, pursuant
to §§ 679.21(b)(4) and (e)(7), if the
Regional Administrator determines that
a fishery category’s bycatch allowance
of halibut, red king crab, C. bairdi crab,
or C. opilio crab for a specified area has
been reached, the Regional
Administrator will prohibit directed
fishing for each species or species group
in that fishery category in the area
specified by regulation for the
remainder of the season or fishing year.
Based on historic catch patterns and
anticipated fishing activity, the Regional
Administrator has determined that the
groundfish allocation amounts in Table
19 will be necessary as incidental catch
to support other anticipated groundfish
fisheries for the 2021 and 2022 fishing
years. Consequently, in accordance with
§ 679.20(d)(1)(i), the Regional
Administrator establishes the DFA for
the species and species groups in Table
100
84
59
9
9
32
19 as zero mt. Therefore, in accordance
with § 679.20(d)(1)(iii), NMFS is
prohibiting directed fishing for these
sectors and species or species groups in
the specified areas effective at 1,200
hours, A.l.t., February 25, 2021, through
2,400 hours, A.l.t., December 31, 2022.
Also, for the BSAI trawl limited access
sector, bycatch allowances of halibut,
red king crab, C. bairdi crab, and C.
opilio crab listed in Table 19 are
insufficient to support directed
fisheries. Therefore, in accordance with
§§ 679.21(b)(4)(i) and (e)(7), NMFS is
prohibiting directed fishing for these
sectors, species, and fishery categories
in the specified areas effective at 1200
hours, A.l.t., February 25, 2021, through
2,400 hours, A.l.t., December 31, 2022.
TABLE 19—2021 AND 2022 DIRECTED FISHING CLOSURES 1
[Groundfish and halibut amounts are in metric tons. Crab amounts are in number of animals.]
2021
Incidental
catch
allowance
2022
Incidental
catch
allowance
Area
Sector
Species
Bogoslof District ..............................
Aleutian Islands subarea ................
All ...................................................
All ...................................................
Aleutian Islands subarea ................
Eastern Aleutian District/Bering
Sea.
Eastern Aleutian District/Bering
Sea.
Eastern Aleutian District .................
Trawl non-CDQ ..............................
Non-amendment 80, CDQ, and
BSAI trawl limited access.
All ...................................................
Pollock ............................................
ICA pollock .....................................
‘‘Other rockfish’’ 2 ...........................
Sablefish ........................................
ICA Atka mackerel .........................
250
2,500
394
1,002
800
100
2,500
394
1,075
800
Blackspotted/Rougheye rockfish ....
266
128
Non-amendment 80, CDQ, and
BSAI trawl limited access.
Non-amendment 80, CDQ, and
BSAI trawl limited access.
Non-amendment 80, CDQ and
BSAI trawl limited access.
All ...................................................
ICA Pacific ocean perch ................
100
100
ICA Atka mackerel .........................
ICA Pacific ocean perch ................
ICA Atka mackerel .........................
ICA Pacific ocean perch ................
Blackspotted/Rougheye rockfish ....
75
60
20
10
144
75
60
20
10
150
Trawl non-CDQ ..............................
All ...................................................
Sablefish ........................................
Pacific ocean perch .......................
‘‘Other rockfish’’ 2 ...........................
ICA pollock .....................................
Shortraker rockfish .........................
Skates ............................................
Sharks ............................................
Octopuses ......................................
ICA Pacific cod ..............................
ICA flathead sole ...........................
ICA rock sole .................................
1,443
9,165
444
49,500
425
15,300
170
595
400
3,000
6,000
2,067
8,753
255
50,400
191
13,600
170
595
400
3,000
6,000
Central Aleutian District ..................
Western Aleutian District ................
Western and Central Aleutian Districts.
Bering Sea subarea ........................
Bering Sea subarea ........................
Hook-and-line and pot gear ...........
Non-amendment 80 and CDQ .......
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
PO 00000
Frm 00081
Fmt 4700
Sfmt 4700
E:\FR\FM\25FER1.SGM
25FER1
11468
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
TABLE 19—2021 AND 2022 DIRECTED FISHING CLOSURES 1—Continued
[Groundfish and halibut amounts are in metric tons. Crab amounts are in number of animals.]
Area
2021
Incidental
catch
allowance
2022
Incidental
catch
allowance
Sector
Species
Non-amendment 80, CDQ, and
BSAI trawl limited access.
ICA yellowfin sole ..........................
4,000
4,000
Rock sole/flathead sole/other flatfish—halibut mortality, red king
crab Zone 1, C. opilio COBLZ,
C. bairdi Zone 1 and 2.
Turbot/arrowtooth/Kamchatka/sablefish—halibut mortality, red
king crab Zone 1, C. opilio
COBLZ, C. bairdi Zone 1 and 2.
Rockfish—red king crab Zone 1 ....
........................
........................
........................
........................
BSAI trawl limited access ..............
1 Maximum
retainable amounts may be found in Table 11 to 50 CFR part 679.
rockfish’’ includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish,
blackspotted/rougheye rockfish, and shortraker rockfish.
2 ‘‘Other
Closures implemented under the final
2020 and 2021 BSAI harvest
specifications for groundfish (85 FR
13553, March 9, 2020) remain effective
under authority of these final 2021 and
2022 harvest specifications and until the
date specified in those notices. Closures
are posted at the following website
under the Alaska filter for Management
Area: https://www.fisheries.noaa.gov/
rules-and-announcements/bulletins.
While these closures are in effect, the
maximum retainable amounts at
§§ 679.20(e) and (f) apply at any time
during a fishing trip. These closures to
directed fishing are in addition to
closures and prohibitions found at 50
CFR part 679.
Listed AFA Catcher/Processor
Sideboard Limits
Pursuant to § 679.64(a), the Regional
Administrator is responsible for
restricting the ability of listed AFA CPs
to engage in directed fishing for
groundfish species other than pollock to
protect participants in other groundfish
fisheries from adverse effects resulting
from the AFA fishery and from fishery
cooperatives in the directed pollock
fishery. These restrictions are set out as
sideboard limits on catch. On February
8, 2019, NMFS published a final rule
(84 FR 2723) that implemented
regulations to prohibit non-exempt AFA
CPs from directed fishing for groundfish
species or species groups subject to
sideboard limits (see
§ 679.20(d)(1)(iv)(D) and Table 54 to 50
CFR part 679). Section 679.64(a)(1)(v)
exempts AFA CPs from a yellowfin sole
sideboard limit because the final 2021
and 2022 aggregate ITAC of yellowfin
sole assigned to the Amendment 80
sector and BSAI trawl limited access
sector is greater than 125,000 mt.
Section 679.64(a)(2) and Tables 40
and 41 to 50 CFR part 679 establish a
formula for calculating PSC sideboard
limits for halibut and crab caught by
listed AFA CPs. The basis for these
sideboard limits is described in detail in
the final rules implementing the major
provisions of the AFA (67 FR 79692,
December 30, 2002) and Amendment 80
(72 FR 52668, September 14, 2007). PSC
species listed in Table 20 that are caught
by listed AFA CPs participating in any
groundfish fishery other than pollock
will accrue against the final 2021 and
2022 PSC sideboard limits for the listed
AFA CPs. Sections 679.21(b)(4)(iii),
(e)(3)(v), and (e)(7) authorize NMFS to
close directed fishing for groundfish
other than pollock for listed AFA CPs
once a final 2021 or 2022 PSC sideboard
limit listed in Table 20 is reached.
Pursuant to §§ 679.21(b)(1)(ii)(C) and
(e)(3)(ii)(C), halibut or crab PSC by
listed AFA CPs while fishing for pollock
will accrue against the PSC allowances
annually specified for the pollock/Atka
mackerel/‘‘other species’’ fishery
categories, according to
§§ 679.21(b)(1)(ii)(B) and (e)(3)(iv).
TABLE 20—FINAL 2021 AND 2022 BSAI AFA LISTED CATCHER/PROCESSOR PROHIBITED SPECIES SIDEBOARD LIMITS
PSC species and
Ratio of PSC
catch to total
PSC
area 1
Halibut mortality BSAI ......................................................................................................
Red king crab Zone 1 ......................................................................................................
C. opilio (COBLZ) ............................................................................................................
C. bairdi Zone 1 ...............................................................................................................
C. bairdi Zone 2 ...............................................................................................................
1 Refer
2021 and 2022
PSC available
to trawl
vessels after
subtraction of
PSQ 2
n/a
0.0070
0.1530
0.1400
0.0500
n/a
86,621
6,422,313
875,140
2,652,210
2021 and 2022
AFA catcher/
processor
sideboard
limit 2
286
606
982,614
122,520
132,611
to § 679.2 for definitions of areas.
amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
2 Halibut
AFA Catcher Vessel Sideboard Limits
Pursuant to § 679.64(b), the Regional
Administrator is responsible for
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
restricting the ability of AFA CVs to
engage in directed fishing for groundfish
species other than pollock to protect
participants in other groundfish
PO 00000
Frm 00082
Fmt 4700
Sfmt 4700
fisheries from adverse effects resulting
from the AFA fishery and from fishery
cooperatives in the pollock directed
fishery. On February 8, 2019, NMFS
E:\FR\FM\25FER1.SGM
25FER1
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
published a final rule (84 FR 2723) that
implemented regulations to prohibit
non-exempt AFA C/Vs from directed
fishing for a majority of the groundfish
species or species groups subject to
sideboard limits (see
§ 679.20(d)(1)(iv)(D) and Table 55 to 50
CFR part 679). Section 679.64(b)(6)
exempts AFA CVs from a yellowfin sole
sideboard limit because the 2021 and
2022 aggregate ITAC of yellowfin sole
assigned to the Amendment 80 sector
and BSAI trawl limited access sector is
greater than 125,000 mt. The remainder
of the sideboard limits for non-exempt
AFA C/Vs are in Table 21.
Section 679.64(b)(3) and (b)(4)
establish formulas for setting AFA CV
groundfish and halibut and crab PSC
11469
sideboard limits for the BSAI. The basis
for these sideboard limits is described in
detail in the final rules implementing
the major provisions of the AFA (67 FR
79692, December 30, 2002) and
Amendment 80 (72 FR 52668,
September 14, 2007). Table 21 lists the
final 2021 and 2022 AFA CV groundfish
sideboard limits.
TABLE 21—FINAL 2021 AND 2022 BSAI PACIFIC COD SIDEBOARD LIMITS FOR AMERICAN FISHERIES ACT CATCHER
VESSELS (CVS)
[Amounts are in metric tons]
Ratio of
1995–1997
AFA CV catch
to 1995–1997
TAC
Fishery by area/gear/season
BSAI .....................................................................................
Trawl gear CV ......................................................................
Jan 20–Apr 1 ................................................................
Apr 1–Jun 10 ................................................................
Jun 10–Nov 1 ...............................................................
2021 initial
TAC
n/a
n/a
0.8609
0.8609
0.8609
n/a
n/a
18,281
2,717
3,706
2021 AFA
catcher
vessel
sideboard
limits
n/a
n/a
15,738
2,339
3,190
2022 initial
TAC
n/a
n/a
15,896
2,363
3,222
2022 AFA
catcher
vessel
sideboard
limits
n/a
n/a
13,685
2,034
2,774
Note: Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2021 and 2022 aggregate ITAC of
yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access sector is greater than 125,000 mt.
Halibut and crab PSC limits listed in
Table 22 that are caught by AFA CVs
participating in any groundfish fishery
other than pollock will accrue against
the 2021 and 2022 PSC sideboard limits
for the AFA CVs. Sections
679.21(b)(4)(iii), (e)(3)(v), and (e)(7)
authorize NMFS to close directed
fishing for groundfish other than
pollock for AFA CVs once a final 2021
and 2022 PSC sideboard limit listed in
Table 22 is reached. Pursuant to
§§ 679.21(b)(1)(ii)(C) and (e)(3)(ii)(C),
halibut or crab PSC by AFA CVs while
fishing for pollock in the BS will accrue
against the PSC allowances annually
specified for the pollock/Atka mackerel/
‘‘other species’’ fishery categories under
§§ 679.21(b)(1)(ii)(B) and (e)(3)(iv).
TABLE 22—FINAL 2021 AND 2022 AMERICAN FISHERIES ACT CATCHER VESSEL PROHIBITED SPECIES CATCH SIDEBOARD
LIMITS FOR THE BSAI 1
AFA catcher
vessel PSC
sideboard
limit ratio
PSC species and area 1
Target fishery
category 2
Halibut .............................................................
Pacific cod trawl .............................................
Pacific cod hook-and-line or pot ....................
Yellowfin sole total .........................................
Rock sole/flathead sole/Alaska plaice/other
flatfish 4.
Greenland turbot/arrowtooth/Kamchatka/sablefish.
Rockfish ..........................................................
Pollock/Atka mackerel/other species 5 ...........
n/a ..................................................................
n/a ..................................................................
n/a ..................................................................
n/a ..................................................................
Red king crab Zone 1 .....................................
C. opilio COBLZ ..............................................
C. bairdi Zone 1 ..............................................
C. bairdi Zone 2 ..............................................
2021 and
2022
PSC limit
after
subtraction
of PSQ
reserves 3
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
0.2990
0.1680
0.3300
0.1860
n/a
n/a
86,621
6,422,313
875,140
2,652,210
2021 and
2022
AFA catcher
vessel PSC
sideboard
limit 3
887
2
101
228
2
5
25,900
1,078,949
288,796
493,311
1 Refer
to § 679.2 for definitions of areas.
trawl fishery categories are defined at §§ 679.21(b)(1)(ii)(B) and (e)(3)(iv).
3 Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
4 Other flatfish for PSC monitoring includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
5 ‘‘Other species’’ for PSC monitoring includes skates, sharks, and octopuses.
2 Target
Response to Comments
NMFS received no comments during
the public comment period for the
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
proposed BSAI groundfish harvest
specifications.
PO 00000
Frm 00083
Fmt 4700
Sfmt 4700
Classification
NMFS has determined that the final
harvest specifications are consistent
E:\FR\FM\25FER1.SGM
25FER1
11470
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
with the FMP and with the MagnusonStevens Act and other applicable laws.
This action is authorized under 50
CFR 679.20 and is exempt from review
under Executive Order 12866.
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 Record of Decision (ROD) for
the Final EIS. In January 2021, NMFS
prepared a Supplementary Information
Report (SIR) for this action to provide a
subsequent assessment of the action and
to address the need to prepare a
Supplemental EIS (SEIS) (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 groundfish harvest
specifications and alternative harvest
strategies on resources in the action
area. Based on the analysis in the Final
EIS, NMFS concluded that the preferred
alternative (Alternative 2) provides the
best balance among relevant
environmental, social, and economic
considerations and allows for continued
management of the groundfish fisheries
based on the most recent, best scientific
information. The preferred alternative is
a harvest strategy in which TACs are set
at a level within the range of ABCs
recommended by the Council’s SSC; the
sum of the TACs must achieve the OY
specified in the FMP. 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 annual SIR evaluates the need to
prepare a SEIS for the 2021 and 2022
groundfish harvest specifications. An
SEIS should be prepared if (1) the
agency makes substantial changes in the
proposed action that are relevant to
environmental concerns; or (2)
significant new circumstances or
information exist relevant to
environmental concerns and bearing on
the proposed action or its impacts (40
CFR 1502.9(d)(1)). After reviewing the
information contained in the SIR and
SAFE reports, the Regional
Administrator has determined that (1)
approval of the 2021 and 2022 harvest
specifications, which were set according
to the preferred harvest strategy in the
Final EIS, does not constitute a
substantial change in the action; and (2)
there are no significant new
circumstances or information relevant to
environmental concerns and bearing on
the action or its impacts. Additionally,
the 2021 and 2022 harvest specifications
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
will result in environmental, social, and
economic impacts within the scope of
those analyzed and disclosed in the
Final EIS. Therefore, an SEIS is not
necessary to implement the 2021 and
2022 harvest specifications.
A final regulatory flexibility analysis
(FRFA) was prepared. Section 604 of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 604) requires that, when an
agency promulgates a final rule under 5
U.S.C. 553, after being required by that
section, or any other law, to publish a
general notice of proposed rulemaking,
the agency shall prepare a FRFA. The
following constitutes the FRFA
prepared in the final action.
Section 604 of the RFA describes the
required contents of a final regulatory
flexibility analysis: (1) A statement of
the need for, and objectives of, the rule;
(2) a statement of the significant issues
raised by the public comments in
response to the initial regulatory
flexibility analysis, a statement of the
assessment of the agency of such issues,
and a statement of any changes made in
the proposed rule as a result of such
comments; (3) the response of the
agency to any comments filed by the
Chief Counsel for Advocacy of the Small
Business Administration in response to
the proposed rule, and a detailed
statement of any change made to the
proposed rule in the final rule as a
result of the comments; (4) a description
of and an estimate of the number of
small entities to which the rule will
apply or an explanation of why no such
estimate is available; (5) a description of
the projected reporting, recordkeeping,
and other compliance requirements of
the rule, including an estimate of the
classes of small entities which will be
subject to the requirement and the type
of professional skills necessary for
preparation of the report or record; and
(6) a description of the steps the agency
has taken to minimize the significant
economic impact on small entities
consistent with the stated objectives of
applicable statutes, including a
statement of the factual, policy, and
legal reasons for selecting the alternative
adopted in the final rule and why each
one of the other significant alternatives
to the rule considered by the agency that
affect the impact on small entities was
rejected.
A description of this action, its
purpose, and its legal basis are included
at the beginning of the preamble to this
final rule and are not repeated here.
NMFS published the proposed rule on
December 3, 2020 (85 FR 78096). NMFS
prepared an Initial Regulatory
Flexibility Analysis (IRFA) to
accompany the proposed action, and
included the IRFA in the proposed rule.
PO 00000
Frm 00084
Fmt 4700
Sfmt 4700
The comment period closed on January
4, 2021. No comments were received on
the IRFA or on the economic impacts of
the rule more generally. The Chief
Counsel for Advocacy of the Small
Business Administration did not file
any comments on the proposed rule.
The entities directly regulated by this
action are those that harvest groundfish
in the exclusive economic zone of the
BSAI and in parallel fisheries within
State waters. These include entities
operating catcher vessels and catcher/
processors within the action area and
entities receiving direct allocations of
groundfish.
For RFA purposes only, NMFS has
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
A business primarily engaged in
commercial fishing (NAICS code 11411)
is classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and has
combined annual gross receipts not in
excess of $11 million for all its affiliated
operations worldwide.
Using the most recent data available
(2019), the estimated number of directly
regulated small entities include
approximately 605 catcher vessels, 56
catcher/processors, and six CDQ groups.
Some of these vessels are members of
AFA inshore pollock cooperatives, Gulf
of Alaska rockfish cooperatives, or BSAI
Crab Rationalization Program
cooperatives, and, since under the RFA
the aggregate gross receipts of all
participating members of the
cooperative must meet the ‘‘under $11
million’’ threshold, the cooperatives are
considered to be large entities within
the meaning of the RFA. Thus, the
estimate of 605 catcher vessels may be
an overstatement of the number of small
entities. Average gross revenues in 2019
were $500,000 for small hook-and-line
vessels, $1.4 million for small pot
vessels, $2.9 million for small trawl
vessels, $7.0 million for hook-and-line
CPs, and $3.5 million for pot gear CPs.
This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
This action implements the final 2021
and 2022 harvest specifications,
apportionments, and prohibited species
catch limits for the groundfish fishery of
the BSAI. 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 final harvest
E:\FR\FM\25FER1.SGM
25FER1
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
specifications is governed by the
Council’s harvest strategy that governs
the catch of groundfish in the BSAI. The
harvest strategy was previously selected
from among five alternatives. Under this
preferred alternative harvest strategy,
TACs are set within the range of ABCs
recommended by the SSC; the sum of
the TACs must achieve the OY specified
in the FMP; and while the specific TAC
numbers that the harvest strategy
produces may vary from year to year,
the methodology used for the preferred
harvest strategy remains constant. This
final action implements the preferred
alternative harvest strategy previously
chosen by the Council to set TACs that
fall within the range of ABCs
recommended through the Council
harvest specifications process and as
recommended by the Council. This is
the method for determining TACs that
has been used in the past.
The final 2021 and 2022 TACs
associated with preferred harvest
strategy are those recommended by the
Council in December 2020. OFLs and
ABCs for each species or species group
were based on recommendations
prepared by the Council’s Plan Team,
and reviewed by the Council’s SSC. The
Council’s TAC recommendations are
consistent with the SSC’s OFL and ABC
recommendations, and the sum of all
TACs remains within the OY for the
BSAI consistent with
§ 679.20(a)(1)(i)(A). Because setting all
TACs equal to ABCs would cause the
sum of TACs to exceed an OY of 2.0
million mt, TACs for some species or
species groups are lower than the ABCs
recommended by the Plan Team and the
SSC.
The final 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 final
2021 and 2022 TACs are based on the
best available biological and
socioeconomic information. The final
2021 and 2022 OFLs, ABCs, and TACs
are consistent with the biological
condition of groundfish stocks as
described in the 2020 SAFE report,
which is the most recent, completed
SAFE report. Accounting for the most
recent biological information to set the
final OFLs, ABCs, and TACs is
consistent with the objectives for this
action, as well as National Standard 2 of
the Magnuson-Stevens Act (16 U.S.C.
1851(a)(2)) that actions shall be based
on the best scientific information
available.
Under this action, the ABCs reflect
harvest amounts that are less than the
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
specified overfishing levels. The TACs
are within the range of ABCs
recommended by the SSC and do not
exceed the biological limits
recommended by the SSC (the ABCs
and overfishing levels). For some
species and species groups in the BSAI,
the Council recommended, and NMFS
sets, TACs equal to ABCs, which is
intended to maximize harvest
opportunities in the BSAI. However,
NMFS cannot set TACs for all species in
the BSAI equal to their ABCs due to the
constraining OY limit of 2.0 million mt.
For this reason, some final TACs are less
than the final ABCs. These specific
reductions were reviewed and adopted
by the Council for the final 2021 and
2022 TACs.
Based on the best available scientific
data, and in consideration of the
Council’s objectives for this action,
there are no significant alternatives that
have the potential to accomplish the
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 final rule on
small entities. This action is
economically beneficial to entities
operating in the BSAI, including small
entities. The action specifies TACs for
commercially-valuable species in the
BSAI 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 these final harvest specifications
would best accomplish the stated
objectives articulated in the preamble
for this final rule and in applicable
statutes, and would minimize to the
extent practicable adverse economic
impacts on the universe of directly
regulated small entities.
Adverse impacts on marine mammals,
or endangered or threatened species,
resulting from fishing activities
conducted under this rule are discussed
in the Final EIS and its accompanying
annual SIRs (see ADDRESSES).
Pursuant to 5 U.S.C. 553(d)(3), the
Assistant Administrator for Fisheries,
NOAA, finds good cause to waive the
30-day delay in effectiveness for this
rule because delaying this rule is
contrary to the public interest. The Plan
Team review of the 2020 SAFE report
occurred in November 2020, and based
on the 2020 SAFE report the Council
considered and recommended the final
harvest specifications in December
2020. Accordingly, NMFS’s review of
the final 2021 and 2022 harvest
specifications could not begin until after
the December 2020 Council meeting,
PO 00000
Frm 00085
Fmt 4700
Sfmt 4700
11471
and after the public had time to
comment on the proposed action.
For all fisheries not currently closed
because the TACs established under the
final 2020 and 2021 harvest
specifications (85 FR 13553, March 9,
2020) were not reached, it is possible
that they would be closed prior to the
expiration of a 30-day delayed
effectiveness period because their TACs
could be reached within that period. If
implemented immediately, this rule
would allow these fisheries to continue
fishing because some of the new TACs
implemented by this rule are higher
than the TACs under which they are
currently fishing.
In addition, immediate effectiveness
of this action is required to provide
consistent management and
conservation of fishery resources based
on the best available scientific
information. This is particularly
pertinent for those species that have
lower 2021 ABCs and TACs than those
established in the 2020 and 2021
harvest specifications (85 FR 13553,
March 9, 2020). If implemented
immediately, this rule would ensure
that NMFS can properly manage those
fisheries for which this rule sets lower
2021 ABCs and TACs, which are based
on the most recent biological
information on the condition of stocks,
rather than managing species under the
higher TACs set in the previous year’s
harvest specifications.
Certain fisheries, such as those for
pollock, are intensive, fast-paced
fisheries. Other fisheries, such as those
for sablefish, flatfish, rockfish, Atka
mackerel, skates, sharks, and octopuses,
are critical as directed fisheries and as
incidental catch in other fisheries. U.S.
fishing vessels have demonstrated the
capacity to catch the TAC allocations in
many of these fisheries. If the
effectiveness of this rule were delayed
30 days and if a TAC were reached
during those 30 days, NMFS would
close directed fishing or prohibit
retention for the applicable species. Any
delay in allocating the final TACs in
these fisheries would cause confusion to
the industry and potential economic
harm through unnecessary discards,
thus undermining the intent of this rule.
Waiving the 30-day delay allows NMFS
to prevent economic loss to fishermen
that could otherwise occur should the
2021 TACs (set under the 2020 and 2021
harvest specifications) be reached.
Determining which fisheries may close
is nearly impossible because these
fisheries are affected by several factors
that cannot be predicted in advance,
including fishing effort, weather,
movement of fishery stocks, and market
price. Furthermore, the closure of one
E:\FR\FM\25FER1.SGM
25FER1
11472
Federal Register / Vol. 86, No. 36 / Thursday, February 25, 2021 / Rules and Regulations
fishery has a cascading effect on other
fisheries by freeing-up fishing vessels,
allowing them to move from closed
fisheries to open ones, increasing the
fishing capacity in those open fisheries,
and causing them to close at an
accelerated pace.
In fisheries subject to declining
sideboard limits, a failure to implement
the updated sideboard limits before
initial season’s end could deny the
intended economic protection to the
non-sideboard limited sectors.
Conversely, in fisheries with increasing
sideboard limits, economic benefit
could be denied to the sideboardlimited sectors.
If the final harvest specifications are
not effective by March 6, 2021, which is
the start of the 2021 Pacific halibut
season as specified by the IPHC, the
fixed gear sablefish fishery will not
begin concurrently with the Pacific
halibut IFQ season. Delayed
effectiveness of this action would result
in confusion for sablefish harvesters and
economic harm from unnecessary
discard of sablefish that are caught
along with Pacific halibut, as both fixed
VerDate Sep<11>2014
16:18 Feb 24, 2021
Jkt 253001
gear sablefish and Pacific halibut are
managed under the same IFQ program.
Immediate effectiveness of the final
2021 and 2022 harvest specifications
will allow the sablefish IFQ fishery to
begin concurrently with the Pacific
halibut IFQ season.
Finally, immediate effectiveness also
would provide the fishing industry the
earliest possible opportunity to plan and
conduct its fishing operations with
respect to new information about TAC
limits. Therefore, NMFS finds good
cause to waive the 30-day delay in the
date of effectiveness under 5 U.S.C.
553(d)(3).
limits and associated management
measures for groundfish during the 2021
and 2022 fishing years and is taken in
accordance with the FMP prepared by
the Council pursuant to the MagnusonStevens Act. This action directly affects
all fishermen who participate in the
BSAI fisheries. The specific amounts of
OFL, ABC, TAC, and PSC amounts are
provided in tables to assist the reader.
NMFS will announce closures of
directed fishing in the Federal Register
and information bulletins released by
the Alaska Region. Affected fishermen
should keep themselves informed of
such closures.
Small Entity Compliance Guide
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.
This final rule is a plain language
guide to assist small entities in
complying with this final rule as
required by the Small Business
Regulatory Enforcement Fairness Act of
1996. This final rule’s primary purpose
is to announce the final 2021 and 2022
harvest specifications and prohibited
species bycatch allowances for the
groundfish fisheries of the BSAI. This
action is necessary to establish harvest
PO 00000
Frm 00086
Fmt 4700
Sfmt 9990
Dated: February 17, 2021.
Samuel D. Rauch, III
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021–03564 Filed 2–24–21; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\25FER1.SGM
25FER1
]]>Agencies
[Federal Register Volume 86, Number 36 (Thursday, February 25, 2021)]
[Rules and Regulations]
[Pages 11449-11472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-03564]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 679
[Docket No. 210217-0022]
RIN 0648-XY116
Fisheries of the Exclusive Economic Zone Off Alaska; Bering Sea
and Aleutian Islands; Final 2021 and 2022 Harvest Specifications for
Groundfish
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; harvest specifications and closures.
-----------------------------------------------------------------------
SUMMARY: NMFS announces final 2021 and 2022 harvest specifications,
[[Page 11450]]
apportionments, and prohibited species catch allowances for the
groundfish fishery of the Bering Sea and Aleutian Islands management
area (BSAI). This action is necessary to establish harvest limits for
groundfish during the remainder of the 2021 and the start of the 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: Harvest specifications and closures are effective from 1200
hours, Alaska local time (A.l.t.), February 25, 2021, through 2400
hours, A.l.t., December 31, 2022.
ADDRESSES: Electronic copies of the Alaska Groundfish Harvest
Specifications Final Environmental Impact Statement (EIS), Record of
Decision (ROD), and the annual Supplementary Information Reports (SIRs)
to the Final EIS prepared for this action are available from https://www.fisheries.noaa.gov/region/alaska. The 2020 Stock Assessment and
Fishery Evaluation (SAFE) report for the groundfish resources of the
BSAI, dated November 2020, as well as the SAFE reports for previous
years, are available from the North Pacific Fishery Management Council
(Council) at 1007 West 3rd Ave., Suite #400, Anchorage, AK 99501, phone
907-271-2809, or from the Council's website at https://www.npfmc.org/.
FOR FURTHER INFORMATION CONTACT: Steve Whitney, 907-586-7228.
SUPPLEMENTARY INFORMATION: Federal regulations at 50 CFR part 679
implement the FMP and govern the groundfish fisheries in the BSAI. The
Council prepared the FMP, and NMFS approved it, under the Magnuson-
Stevens Act. General regulations governing U.S. fisheries also appear
at 50 CFR part 600.
The FMP and its implementing regulations require NMFS, after
consultation with the Council, to specify annually the total allowable
catch (TAC) for each target species category. The sum of all TAC for
all groundfish species in the BSAI must be within the optimum yield
(OY) range of 1.4 million to 2.0 million metric tons (mt) (see Sec.
679.20(a)(1)(i)(A)). This final rule specifies the sum of the TAC at
2.0 million mt for both 2021 and 2022. NMFS also must specify
apportionments of TAC; prohibited species catch (PSC) allowances and
prohibited species quota (PSQ) reserves established by Sec. 679.21;
seasonal allowances of pollock, Pacific cod, and Atka mackerel TAC;
American Fisheries Act allocations; Amendment 80 allocations; Community
Development Quota (CDQ) reserve amounts established by Sec.
679.20(b)(1)(ii); and acceptable biological catch (ABC) surpluses and
reserves for CDQ groups and the Amendment 80 cooperative for flathead
sole, rock sole, and yellowfin sole. The final harvest specifications
set forth in Tables 1 through 22 of this action satisfy these
requirements.
Section 679.20(c)(3)(i) further requires that NMFS consider public
comment on the proposed harvest specifications and, after consultation
with the Council, publish final harvest specifications in the Federal
Register. The proposed 2021 and 2022 harvest specifications for the
groundfish fishery of the BSAI were published in the Federal Register
on December 3, 2020 (85 FR 78096). Comments were invited and accepted
through January 4, 2021. As discussed in the Response to Comments
section below, NMFS received no comments during the public comment
period for the proposed BSAI groundfish harvest specifications.
NMFS consulted with the Council on the final 2021 and 2022 harvest
specifications during the December 2020 Council meeting. After
considering public comments, as well as biological and socioeconomic
data that were available at the Council's December meeting, NMFS
implements in this final rule the final 2021 and 2022 harvest
specifications as recommended by the Council.
ABC and TAC Harvest Specifications
The final ABC amounts for Alaska groundfish are based on the best
available biological information, including projected biomass trends,
information on assumed distribution of stock biomass, and revised
technical methods used to calculate stock biomass. In general, the
development of ABCs and overfishing levels (OFLs) involves
sophisticated statistical analyses of fish populations. The FMP
specifies a series of six tiers to define OFL and ABC amounts based on
the level of reliable information available to fishery scientists. Tier
1 represents the highest level of information quality available, while
Tier 6 represents the lowest.
In December 2020, the Council, its Scientific and Statistical
Committee (SSC), and its Advisory Panel (AP) reviewed current
biological and harvest information about the condition of the BSAI
groundfish stocks. The Council's BSAI Groundfish Plan Team (Plan Team)
compiled and presented this information in the 2020 SAFE report for the
BSAI groundfish fisheries, dated November 2020 (see ADDRESSES). The
SAFE report contains a review of the latest scientific analyses and
estimates of each species' biomass and other biological parameters, as
well as summaries of the available information on the BSAI ecosystem
and the economic condition of groundfish fisheries off Alaska. NMFS
notified the public of the comment period for these harvest
specifications--and of the publication of the 2020 SAFE report--in the
notice of proposed harvest specifications. From the data and analyses
in the SAFE report, the Plan Team recommended an OFL and ABC for each
species or species group at the November 2020 Plan Team meeting.
In December 2020, the SSC, AP, and Council reviewed the Plan Team's
recommendations. The final TAC recommendations were based on the ABCs,
and were adjusted for other biological and socioeconomic
considerations, including maintaining the sum of all the TACs within
the required OY range of 1.4 million to 2.0 million mt. As required by
annual catch limit rules for all fisheries (74 FR 3178, January 16,
2009), none of the Council's recommended 2021 or 2022 TACs exceed the
final 2021 or 2022 ABCs for any species or species group. NMFS finds
that the Council's recommended OFLs, ABCs, and TACs are consistent with
the preferred harvest strategy outlined in the FMP and the biological
condition of groundfish stocks as described in the 2020 SAFE report
that was approved by the Council. Therefore, this final rule provides
notice that the Secretary of Commerce approves the final 2021 and 2022
harvest specifications as recommended by the Council.
The 2021 harvest specifications set in this final action will
supersede the 2021 harvest specifications previously set in the final
2020 and 2021 harvest specifications (85 FR 13553, March 9, 2020). The
2022 harvest specifications herein will be superseded in early 2022
when the final 2022 and 2023 harvest specifications are published.
Pursuant to this final action, the 2021 harvest specifications
therefore will apply for the remainder of the current year (2021),
[[Page 11451]]
while the 2022 harvest specifications are projected only for the
following year (2022) and will be superseded in early 2022 by the final
2022 and 2023 harvest specifications. Because this final action
(published in early 2021) will be superseded in early 2022 by the
publication of the final 2022 and 2023 harvest specifications, it is
projected that this final action will implement the harvest
specifications for the BSAI for approximately one year.
Other Actions Affecting the 2021 and 2022 Harvest Specifications
State of Alaska Guideline Harvest Levels
For 2021 and 2022, the Board of Fisheries (BOF) for the State of
Alaska (State) established the guideline harvest level (GHL) for
vessels using pot gear in State waters in the Bering Sea subarea (BS)
equal to 10 percent of the Pacific cod ABC in the BS. The State's pot
gear BS GHL will increase one percent annually up to 15 percent of the
BS ABC, if 90 percent of the GHL is harvested by November 15 of the
preceding year. If 90 percent of the 2021 BS GHL is not harvested by
November 15, 2021, then the 2022 BS GHL will remain at the same percent
as the 2021 BS GHL (10 percent). If 90 percent of the 2021 BS GHL is
harvested by November 15, 2021, then the 2022 BS GHL will increase by
one percent and the 2022 BS TAC will be set to account for the
increased BS GHL. Also, for 2021 and 2022, the BOF established an
additional GHL for vessels using jig gear in State waters in the BS
equal to 45 mt of Pacific cod in the BS. The Council and its Plan Team,
SSC, and AP recommended that the sum of all State and Federal water
Pacific cod removals from the BS not exceed the ABC recommendations for
Pacific cod in the BS. Accordingly, the Council recommended, and NMFS
approves, that the 2021 and 2022 Pacific cod TACs in the BS account for
the State's GHLs for Pacific cod caught in State waters in the BS.
For 2021 and 2022, the BOF for the State established the GHL in
State waters in the Aleutian Islands subarea (AI) equal to 39 percent
of the AI ABC. The AI GHL will increase annually by 4 percent of the AI
ABC, if 90 percent of the GHL is harvested by November 15 of the
preceding year, but may not exceed 39 percent of the AI ABC or 15
million pounds (6,804 mt). For 2021, 39 percent of the AI ABC is 8,034
mt, which exceeds the AI GHL limit of 6,804 mt. The Council and its
Plan Team, SSC, and AP recommended that the sum of all State and
Federal water Pacific cod removals from the AI not exceed the ABC
recommendations for Pacific cod in the AI. Accordingly, the Council
recommended, and NMFS approves, that the 2021 and 2022 Pacific cod TACs
in the AI account for the State's GHL of 6,804 mt for Pacific cod
caught in State waters in the AI.
Amendment 121 to the FMP: Reclassify Sculpins as an Ecosystem Component
Species
On July 10, 2020, NMFS published the final rule to implement
Amendment 121 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 OFL, ABC, and TAC
for sculpins in the BSAI groundfish harvest specifications, beginning
with the 2021 and 2022 harvest specifications.
Changes From the Proposed 2021 and 2022 Harvest Specifications for the
BSAI
The Council's recommendations for the proposed 2021 and 2022
harvest specifications (85 FR 78096, December 3, 2020) were based
largely on information contained in the 2019 SAFE report for the BSAI
groundfish fisheries. Through the proposed harvest specifications, NMFS
notified the public that these harvest specifications could change, as
the Council would consider information contained in the 2020 SAFE
report; recommendations from the Plan Team, SSC, and AP; and public
comments when making its recommendations for final harvest
specifications at the December 2020 Council meeting. NMFS further
notified the public that, as required by the FMP and its implementing
regulations, the sum of the TACs must be within the OY range of 1.4
million and 2.0 million mt.
Information contained in the 2020 SAFE report indicates biomass
changes from the 2019 SAFE report for several groundfish species. The
2020 report was made available for public review during the public
comment period for the proposed harvest specifications. At the December
2020 Council meeting, the SSC recommended the 2021 and 2022 OFLs and
ABCs based on the best and most recent information contained in the
2020 SAFE report. The SSC recommended slight model adjustments for
Eastern BS pollock, but accepted Plan Team recommendations for all
other species, except for BS Pacific cod and sablefish. The SSC's
recommendation resulted in an ABC sum total for all BSAI groundfish
species in excess of 2.0 million mt for both 2021 and 2022.
Revisions to the Sablefish Apportionment of the ABC
The Alaska-wide sablefish ABC is apportioned between six areas
within the BSAI and Gulf of Alaska (BS, AI, 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 areas. However, a new apportionment methodology will be used
for 2021 and 2022 that affects the apportionment of sablefish ABC and
the area TACs that are allocated between the trawl and fixed gear
sectors. The Joint BSAI and GOA Groundfish Plan Team, SSC, and Council
reviewed a range of apportionment approaches for the sablefish ABC for
the harvest specifications, including a range from the status quo
(fixed apportionment) and the sablefish assessment authors' recommended
non-exponential 5-year survey moving average. The Joint Plan Team
recommended that, to the extent practical, moving away from the fixed
apportionment to the true distribution of the stock would be preferred
from a biological perspective. The SSC recommended a 25 percent stair
step from the current (fixed) apportionment percentages toward the non-
exponential 5-year survey moving average proposed by the assessment
authors. The Council and NMFS have adopted the SSC's recommendation for
the 2021 and 2022 ABC apportionments. For 2021 this increases the ABC
apportionments in all areas (for example, up to 60 percent in the AI
subarea), with smaller increases in areas that have recently been
apportioned a greater percentage under the fixed apportionment
methodology than suggested by recent survey observations (for example,
only a 17 percent increase in the East Yakutat/Southeast area). In
addition, the final 2021 TACs for the BS and AI areas both increased
relative to the proposed 2021 TACs, in part due to the change in
apportionment methodology.
Based on decreased fishing effort in 2020, the Council recommends
final BS pollock TACs decrease by 75,000 mt in 2021 and 50,000 mt in
2022 compared to the proposed 2021 and 2022 BS pollock TACs. In terms
of weight, the largest increases in final 2021 TACs relative to the
proposed 2021 TACs include BS Pacific cod and BSAI yellowfin sole. For
Pacific cod, the 2021 TAC increase is in response to the increase in
the 2021 ABC and the Council's recommendation of the highest TAC after
accounting for the State's GHL. For yellowfin sole, the increase is in
response to the
[[Page 11452]]
anticipated larger directed fisheries based on anticipated market
demand. Other increases in the final 2021 TACs relative to the proposed
2021 TACs include Bogoslof pollock, AI Greenland turbot, AI ``other
rockfish,'' AI sablefish, BS sablefish, BSAI arrowtooth flounder, BSAI
Kamchatka flounder, BSAI rock sole, BSAI flathead sole, BSAI Alaska
plaice, BSAI ``other flatfish,'' Western Aleutian Islands (WAI) Pacific
ocean perch, BSAI northern rockfish, Bering Sea and Eastern Aleutian
Islands (BS/EAI) blackspotted/rougheye rockfish, BSAI shortraker
rockfish, Eastern Aleutian Islands and Bering Sea (EAI/BS) Atka
mackerel, WAI Atka mackerel, Central Aleutian Islands (CAI) Atka
mackerel, and BSAI skates. The 2021 increases account for higher
interest in directed fishing or higher anticipated incidental catch
needs.
Decreases in final 2021 TACs compared to the proposed 2021 TACs
include BS pollock, BS Pacific ocean perch, CAI Pacific ocean perch,
EAI Pacific ocean perch, Central Aleutian Islands/Western Aleutian
Islands (CAI/WAI) blackspotted and rougheye rockfish, and BS ``other
rockfish.'' The decreases are for anticipated lower incidental catch
needs of these species and lower ABCs relative to 2020. The changes to
TACs between the proposed and final harvest specifications are based on
the most recent scientific and socioeconomic information and are
consistent with the FMP, regulatory obligations, and harvest strategy
as described in the proposed and final harvest specifications,
including the upper limit for OY of 2.0 million mt. These changes are
compared in Table 1A.
Table 1 lists the Council's recommended final 2021 OFL, ABC, TAC,
initial TAC (ITAC), CDQ reserve allocations, and non-specified reserves
of the BSAI groundfish species or species groups; and Table 2 lists the
Council's recommended final 2022 OFL, ABC, TAC, ITAC, CDQ reserve
allocations, and non-specified reserves of the BSAI groundfish species
or species groups. NMFS concurs in these recommendations. These final
2021 and 2022 TAC amounts for the BSAI are within the OY range
established for the BSAI and do not exceed the ABC for any species or
species group. The apportionment of TAC amounts among fisheries and
seasons is discussed below.
Table 1--Final 2021 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), CDQ Reserve Allocation,
and Non-Specified Reserve of Groundfish in the BSAI \1\
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2021
-----------------------------------------------------------------------------------------------
Species Area Nonspecified
OFL ABC TAC ITAC \2\ CDQ \3\ reserves
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \4\..................... BS.................... 2,594,000 1,626,000 1,375,000 1,237,500 137,500 ..............
AI.................... 61,856 51,241 19,000 17,100 1,900 ..............
Bogoslof.............. 113,479 85,109 250 250 .............. ..............
Pacific cod \5\................. BS.................... 147,949 123,805 111,380 99,462 11,918 ..............
AI.................... 27,400 20,600 13,796 12,320 1,476 ..............
Sablefish \6\................... Alaska-wide........... 60,426 29,588 n/a n/a n/a ..............
BS.................... n/a 3,396 3,396 2,802 467 127
AI.................... n/a 4,717 4,717 3,833 796 88
Yellowfin sole.................. BSAI.................. 341,571 313,477 200,000 178,600 21,400 ..............
Greenland turbot................ BSAI.................. 8,568 7,326 6,025 5,121 n/a ..............
BS.................... n/a 6,176 5,125 4,356 548 220
AI.................... n/a 1,150 900 765 .............. 135
Arrowtooth flounder............. BSAI.................. 90,873 77,349 15,000 12,750 1,605 645
Kamchatka flounder.............. BSAI.................. 10,630 8,982 8,982 7,635 .............. 1,347
Rock sole \7\................... BSAI.................. 145,180 140,306 54,500 48,669 5,832 ..............
Flathead sole \8\............... BSAI.................. 75,863 62,567 25,000 22,325 2,675 ..............
Alaska plaice................... BSAI.................. 37,924 31,657 24,500 20,825 .............. 3,675
Other flatfish \9\.............. BSAI.................. 22,919 17,189 6,500 5,525 .............. 975
Pacific ocean perch............. BSAI.................. 44,376 37,173 35,899 31,594 n/a ..............
BS.................... n/a 10,782 10,782 9,165 .............. 1,617
EAI................... n/a 8,419 8,419 7,518 901 ..............
CAI................... n/a 6,198 6,198 5,535 663 ..............
WAI................... n/a 11,774 10,500 9,377 1,124 ..............
Northern rockfish............... BSAI.................. 18,917 15,557 13,000 11,050 .............. 1,950
Blackspotted/Rougheye rockfish BSAI.................. 576 482 482 410 .............. 72
\10\.
BS/EAI................ n/a 313 313 266 .............. 47
CAI/WAI............... n/a 169 169 144 .............. 25
Shortraker rockfish............. BSAI.................. 722 541 500 425 .............. 75
Other rockfish \11\............. BSAI.................. 1,751 1,313 916 779 .............. 137
BS.................... n/a 919 522 444 .............. 78
AI.................... n/a 394 394 335 .............. 59
Atka mackerel................... BSAI.................. 85,580 73,590 62,257 55,596 6,661 ..............
BS/EAI................ n/a 25,760 25,760 23,004 2,756 ..............
CAI................... n/a 15,450 15,450 13,797 1,653 ..............
WAI................... n/a 32,380 21,047 18,795 2,252 ..............
Skates.......................... BSAI.................. 49,297 41,257 18,000 15,300 .............. 2,700
Sharks.......................... BSAI.................. 689 517 200 170 .............. 30
Octopuses....................... BSAI.................. 4,769 3,576 700 595 .............. 105
-----------------------------------------------------------------------------------------------
[[Page 11453]]
Total....................... 3,945,315 2,747,727 2,000,000 1,790,634 195,466 13,900
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these
harvest specifications, BS includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species (Atka mackerel, yellowfin
sole, rock sole, flathead sole, Pacific cod, and AI Pacific ocean perch), 15 percent of each TAC is put into a non-specified reserve. The ITAC for
these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species, ITAC is the non-CDQ
allocation of TAC (see footnotes 3 and 4).
\3\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and AI Pacific ocean perch), 10.7 percent of the
TAC is reserved for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC allocated to hook-
and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for BS Greenland turbot and
arrowtooth flounder are reserved for use by CDQ participants (see Sec. 679.20(b)(1)(ii)(B) and (D)). AI Greenland turbot, ``other flatfish,'' Alaska
plaice, BS Pacific ocean perch, northern rockfish, shortraker rockfish, blackspotted/rougheye rockfish, Kamchatka flounder, ``other rockfish,''
skates, sharks, and octopuses are not allocated to the CDQ program.
\4\ Under Sec. 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
for the incidental catch allowance (4 percent), is further allocated by sector for a pollock directed fishery as follows: Inshore--50 percent; catcher/
processor--40 percent; and motherships--10 percent. Under Sec. 679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first for the
CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,500 mt), is allocated to the Aleut Corporation for a
pollock directed fishery.
\5\ The BS Pacific cod TAC is set to account for the 10 percent, plus 45 mt, of the BS ABC for the State of Alaska's (State) guideline harvest level in
State waters of the BS. The AI Pacific cod TAC is set to account for 39 percent of the AI ABC for the State guideline harvest level in State waters of
the AI, except 39 percent of the AI ABC exceeds the State guideline harvest level of 15 million pounds (6,804 mt), in which case the TAC is set to
account for the State guideline harvest level of 6,804 mt.
\6\ The sablefish OFL and ABC is Alaska-wide and includes the Gulf of Alaska.
\7\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole) and L. bilineata (Southern rock sole).
\8\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and H. robustus (Bering flounder).
\9\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole,
Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
\10\ ``Blackspotted/Rougheye rockfish'' includes Sebastes melanostictus (blackspotted) and S. aleutianus (rougheye).
\11\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish, blackspotted/
rougheye rockfish, and shortraker rockfish.
Note: Regulatory areas and districts are defined at Sec. 679.2 (BSAI=Bering Sea and Aleutian Islands management area, BS=Bering Sea subarea,
AI=Aleutian Islands subarea, EAI=Eastern Aleutian district, CAI=Central Aleutian district, WAI=Western Aleutian district).
Table 1A--Comparison of Final 2021 and 2022 With Proposed 2021 and 2022 Total Allowable Catch in the BSAI
[Amounts are in metric tons]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2021 2022
2021 final 2021 2021 percentage 2022 final 2022 2022 percentage
Species Area \1\ TAC proposed difference difference TAC proposed difference difference
TAC from proposed from proposed TAC from proposed from proposed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock...................................... BS........................... 1,375,000 1,450,000 (75,000) (5.2) 1,400,000 1,450,000 (50,000) (3.4)
AI........................... 19,000 19,000 .............. .............. 19,000 19,000 .............. ..............
Bogoslof..................... 250 75 175 233.3 100 75 25 33.3
Pacific cod.................................. BS........................... 111,380 92,633 18,747 20.2 95,053 92,633 2,420 2.6
AI........................... 13,796 13,796 .............. .............. 13,796 13,796 .............. ..............
Sablefish.................................... BS........................... 3,396 2,865 531 18.5 4,863 2,865 1,998 69.7
AI........................... 4,717 2,500 2,217 88.7 5,061 2,500 2,561 102.4
Yellowfin sole............................... BSAI......................... 200,000 168,900 31,100 18.4 200,000 168,900 31,100 18.4
Greenland turbot............................. BS........................... 5,125 5,125 .............. .............. 5,125 5,125 .............. ..............
AI........................... 900 670 230 34.3 900 670 230 34.3
Arrowtooth flounder.......................... BSAI......................... 15,000 10,000 5,000 50.0 15,000 10,000 5,000 50.0
Kamchatka flounder........................... BSAI......................... 8,982 7,116 1,866 26.2 8,982 7,116 1,866 26.2
Rock sole.................................... BSAI......................... 54,500 49,000 5,500 11.2 54,500 49,000 5,500 11.2
Flathead sole................................ BSAI......................... 25,000 24,000 1,000 4.2 25,000 24,000 1,000 4.2
Alaska plaice................................ BSAI......................... 24,500 24,000 500 2.1 22,500 24,000 (1,500) (6.3)
Other flatfish............................... BSAI......................... 6,500 5,000 1,500 30.0 6,500 5,000 1,500 30.0
Pacific ocean perch.......................... BS........................... 10,782 13,600 (2,818) (20.7) 10,298 13,600 (3,302) (24.3)
EAI.......................... 8,419 10,619 (2,200) (20.7) 8,041 10,619 (2,578) (24.3)
CAI.......................... 6,198 7,817 (1,619) (20.7) 5,919 7,817 (1,898) (24.3)
WAI.......................... 10,500 10,000 500 5.0 10,500 10,000 500 5.0
Northern rockfish............................ BSAI......................... 13,000 10,000 3,000 30.0 13,000 10,000 3,000 30.0
Blackspotted and Rougheye rockfish........... BS/EAI....................... 313 100 213 213.0 150 100 50 50.0
CAI/WAI...................... 169 339 (170) (50.1) 176 339 (163) (48.1)
Shortraker rockfish.......................... BSAI......................... 500 375 125 33.3 225 375 (150) (40.0)
Other rockfish............................... BS........................... 522 700 (178) (25.4) 300 700 (400) (57.1)
AI........................... 394 388 6 1.5 394 388 6 1.5
Atka mackerel................................ EAI/BS....................... 25,760 22,540 3,220 14.3 23,880 22,540 1,340 5.9
CAI.......................... 15,450 13,524 1,926 14.2 14,330 13,524 806 6.0
[[Page 11454]]
WAI.......................... 21,047 18,418 2,629 14.3 19,507 18,418 1,089 5.9
Skates....................................... BSAI......................... 18,000 16,000 2,000 12.5 16,000 16,000 .............. ..............
Sharks....................................... BSAI......................... 200 200 .............. .............. 200 200 .............. ..............
Octopuses.................................... BSAI......................... 700 700 .............. .............. 700 700 .............. ..............
-------------------------------------------------------------------------------------------------------------------
Total.................................... BSAI......................... 2,000,000 2,000,000 .............. .............. 2,000,000 2,000,000 .............. ..............
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Bering Sea subarea (BS), Aleutian Islands subarea (AI), Bering Sea and Aleutian Islands management area (BSAI), Eastern Aleutian District (EAI), Central Aleutian District (CAI), and
Western Aleutian District (WAI).
Table 2--Final 2022 Overfishing Level (OFL), Acceptable Biological Catch (ABC), Total Allowable Catch (TAC), Initial TAC (ITAC), CDQ Reserve Allocation,
and Non-Specified Reserves of Groundfish in the BSAI \1\
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022
-----------------------------------------------------------------------------------------------
Species Area Non-specified
OFL ABC TAC ITAC \2\ CDQ \3\ Reserves
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pollock \4\..................... BS.................... 2,366,000 1,484,000 1,400,000 1,260,000 140,000 ..............
AI.................... 61,308 50,789 19,000 17,100 1,900 ..............
Bogoslof.............. 113,479 85,109 100 100 .............. ..............
Pacific cod \5\................. BS.................... 128,340 106,852 95,053 84,882 10,171 ..............
AI.................... 27,400 20,600 13,796 12,320 1,476 ..............
Sablefish \6\................... Alaska-wide........... 70,710 36,955 n/a n/a n/a ..............
BS.................... n/a 4,863 4,863 2,067 182 2,614
AI.................... n/a 6,860 5,061 1,075 95 3,891
Yellowfin sole.................. BSAI.................. 374,982 344,140 200,000 178,600 21,400 ..............
Greenland turbot................ BSAI.................. 7,181 6,139 6,025 5,121 n/a ..............
BS.................... n/a 5,175 5,125 4,356 548 220
AI.................... n/a 964 900 765 .............. 135
Arrowtooth flounder............. BSAI.................. 94,368 80,323 15,000 12,750 1,605 645
Kamchatka flounder.............. BSAI.................. 10,843 9,163 8,982 7,635 .............. 1,347
Rock sole \7\................... BSAI.................. 213,783 206,605 54,500 48,669 5,832 ..............
Flathead sole \8\............... BSAI.................. 77,763 64,119 25,000 22,325 2,675 ..............
Alaska plaice................... BSAI.................. 36,928 30,815 22,500 19,125 .............. 3,375
Other flatfish \9\.............. BSAI.................. 22,919 17,189 6,500 5,525 .............. 975
Pacific ocean perch............. BSAI.................. 42,384 35,503 34,758 30,596 n/a ..............
BS.................... n/a 10,298 10,298 8,753 .............. 1,545
EAI................... n/a 8,041 8,041 7,181 860 ..............
CAI................... n/a 5,919 5,919 5,286 633 ..............
WAI................... n/a 11,245 10,500 9,377 1,124 ..............
Northern rockfish............... BSAI.................. 18,221 14,984 13,000 11,050 .............. 1,950
Blackspotted/Rougheye rockfish BSAI.................. 595 500 326 277 .............. 49
\10\.
BS/EAI................ n/a 324 150 128 .............. 23
CAI/WAI............... n/a 176 176 150 .............. 26
Shortraker rockfish............. BSAI.................. 722 541 225 191 .............. 34
Other rockfish \11\............. BSAI.................. 1,751 1,313 694 590 .............. 104
BS.................... n/a 919 300 255 .............. 45
AI.................... n/a 394 394 335 .............. 59
Atka mackerel................... BSAI.................. 79,660 68,220 57,717 51,541 6,176 ..............
EAI/BS................ n/a 23,880 23,880 21,325 2,555 ..............
CAI................... n/a 14,330 14,330 12,797 1,533 ..............
WAI................... n/a 30,010 19,507 17,420 2,087 ..............
Skates.......................... BSAI.................. 47,372 39,598 16,000 13,600 .............. 2,400
Sharks.......................... BSAI.................. 689 517 200 170 .............. 30
Octopuses....................... BSAI.................. 4,769 3,576 700 595 .............. 105
-----------------------------------------------------------------------------------------------
Total....................... 3,802,167 2,682,318 2,000,000 1,785,904 194,677 19,419
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ These amounts apply to the entire BSAI management area unless otherwise specified. With the exception of pollock, and for the purpose of these
harvest specifications, the BS includes the Bogoslof District.
\2\ Except for pollock, the portion of the sablefish TAC allocated to hook-and-line and pot gear, and Amendment 80 species (Atka mackerel, flathead
sole, rock sole, yellowfin sole, Pacific cod, and AI Pacific ocean perch), 15 percent of each TAC is put into a non-specified reserve. The ITAC for
these species is the remainder of the TAC after the subtraction of these reserves. For pollock and Amendment 80 species, ITAC is the non-CDQ
allocation of TAC (see footnotes 3 and 4).
[[Page 11455]]
\3\ For the Amendment 80 species (Atka mackerel, flathead sole, rock sole, yellowfin sole, Pacific cod, and AI Pacific ocean perch), 10.7 percent of the
TAC is reserved for use by CDQ participants (see Sec. Sec. 679.20(b)(1)(ii)(C) and 679.31). Twenty percent of the sablefish TAC allocated to hook-
and-line gear or pot gear, 7.5 percent of the sablefish TAC allocated to trawl gear, and 10.7 percent of the TACs for BS Greenland turbot and
arrowtooth flounder are reserved for use by CDQ participants (see Sec. 679.20(b)(1)(ii)(B) and (D)). The 2022 hook-and-line or pot gear portion of
the sablefish ITAC and CDQ reserve will not be specified until the final 2022 and 2023 harvest specifications. AI Greenland turbot, ``other
flatfish,'' Alaska plaice, BS Pacific ocean perch, Kamchatka flounder, northern rockfish, shortraker rockfish, blackspotted/rougheye rockfish, ``other
rockfish,'' skates, sharks, and octopuses are not allocated to the CDQ program.
\4\ Under Sec. 679.20(a)(5)(i)(A), the annual BS pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second
for the incidental catch allowance (4 percent), is further allocated by sector for a pollock directed fishery as follows: Inshore--50 percent; catcher/
processor--40 percent; and motherships--10 percent. Under Sec. 679.20(a)(5)(iii)(B)(2), the annual AI pollock TAC, after subtracting first for the
CDQ directed fishing allowance (10 percent) and second for the incidental catch allowance (2,500 mt), is allocated to the Aleut Corporation for a
pollock directed fishery.
\5\ Assuming an increase in the 2022 guideline harvest level based on the actual 2021 harvest, the 2022 BS Pacific cod TAC is set to account for the 11
percent, plus 45 mt, of the BS ABC for the State of Alaska's (State) guideline harvest level in State waters of the BS. The 2022 AI Pacific cod TAC is
set to account for 39 percent of the AI ABC for the State guideline harvest level in State waters of the AI, except 39 percent of the AI ABC exceeds
the State guideline harvest level of 15 million pounds (6,804 mt), in which case the TAC is set to account for the State guideline harvest level of
6,804 mt.
\6\ The sablefish OFL and ABC is Alaska-wide and includes the Gulf of Alaska.
\7\ ``Rock sole'' includes Lepidopsetta polyxystra (Northern rock sole) and L. bilineata (Southern rock sole).
\8\ ``Flathead sole'' includes Hippoglossoides elassodon (flathead sole) and H. robustus (Bering flounder).
\9\ ``Other flatfish'' includes all flatfish species, except for halibut (a prohibited species), Alaska plaice, arrowtooth flounder, flathead sole,
Greenland turbot, Kamchatka flounder, rock sole, and yellowfin sole.
\10\ ``Blackspotted/Rougheye rockfish'' includes Sebastes melanostictus (blackspotted) and S. aleutianus (rougheye).
\11\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean perch, northern rockfish, blackspotted/
rougheye rockfish, and shortraker rockfish.
Note: Regulatory areas and districts are defined at Sec. 679.2 (BSAI = Bering Sea and Aleutian Islands management area, BS = Bering Sea subarea, AI =
Aleutian Islands subarea, EAI = Eastern Aleutian district, CAI = Central Aleutian district, WAI = Western Aleu tian district).
Groundfish Reserves and the Incidental Catch Allowance (ICA) for
Pollock, Atka Mackerel, Flathead Sole, Rock Sole, Yellowfin Sole, and
AI Pacific Ocean Perch
Section 679.20(b)(1)(i) requires that NMFS reserve 15 percent of
the TAC for each target species (except for pollock, hook-and-line and
pot gear allocation of sablefish, and Amendment 80 species) in a non-
specified reserve. Section 679.20(b)(1)(ii)(B) requires that NMFS
allocate 20 percent of the hook-and-line or pot gear allocation of
sablefish to the fixed-gear sablefish CDQ reserve for each subarea.
Section 679.20(b)(1)(ii)(D) requires that NMFS allocate 7.5 percent of
the trawl gear allocations of sablefish in the BS and AI and 10.7
percent of the BS Greenland turbot and arrowtooth flounder TACs to the
respective CDQ reserves. Section 679.20(b)(1)(ii)(C) requires that NMFS
allocate 10.7 percent of the TACs for Atka mackerel, AI Pacific ocean
perch, yellowfin sole, rock sole, flathead sole, and Pacific cod to the
respective CDQ reserves. Sections 679.20(a)(5)(i)(A) and 679.31(a) also
require that 10 percent of the BS pollock TAC be allocated to the
pollock CDQ directed fishing allowance (DFA). Sections
679.20(a)(5)(iii)(B)(2)(i) and 679.31(a) require that 10 percent of the
AI pollock TAC be allocated to the pollock CDQ DFA. The entire Bogoslof
District pollock TAC is allocated as an ICA pursuant to Sec.
679.20(a)(5)(ii) because the Bogoslof District is closed to directed
fishing for pollock by regulation (Sec. 679.22(a)(7)(B)). With the
exception of the hook-and-line or pot gear sablefish CDQ reserve, the
regulations do not further apportion the CDQ allocations by gear.
Pursuant to Sec. 679.20(a)(5)(i)(A)(1), NMFS allocates a pollock
ICA of 4 percent of the BS pollock TAC after subtracting the 10 percent
CDQ DFA. This allowance is based on NMFS's examination of the pollock
incidental catch, including the incidental catch by CDQ vessels, in
target fisheries other than pollock from 2000 through 2020. During this
21-year period, the pollock incidental catch ranged from a low of 2.2
percent in 2006 to a high of 4.6 percent in 2014, with a 21-year
average of 3 percent. Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) and
(ii), NMFS establishes a pollock ICA of 2,500 mt of the AI pollock TAC
after subtracting the 10 percent CDQ DFA. This allowance is based on
NMFS's examination of the pollock incidental catch, including the
incidental catch by CDQ vessels, in target fisheries other than pollock
from 2003 through 2020. During this 18-year period, the incidental
catch of pollock ranged from a low of 5 percent in 2006 to a high of 17
percent in 2014, with an 18-year average of 9 percent.
Pursuant to Sec. 679.20(a)(8) and (10), NMFS allocates ICAs of
3,000 mt of flathead sole, 6,000 mt of rock sole, 4,000 mt of yellowfin
sole, 10 mt of WAI Pacific ocean perch, 60 mt of CAI Pacific ocean
perch, 100 mt of EAI Pacific ocean perch, 20 mt of WAI Atka mackerel,
75 mt of CAI Atka mackerel, and 800 mt of EAI and BS Atka mackerel TAC
after subtracting the 10.7 percent CDQ reserve. These ICA allowances
are based on NMFS's examination of the incidental catch in other target
fisheries from 2003 through 2020.
The regulations do not designate the remainder of the non-specified
reserve by species or species group. Any amount of the reserve may be
apportioned to a target species that contributed to the non-specified
reserves during the year, provided that such apportionments are
consistent with Sec. 679.20(a)(3) and do not result in overfishing
(see Sec. 679.20(b)(1)(i)). The Regional Administrator has determined
that the ITACs specified for certain species listed in Tables 1 and 2
need to be supplemented from the non-specified reserve because U.S.
fishing vessels have demonstrated the capacity to catch the full TAC
allocations. Therefore, in accordance with Sec. 679.20(b), NMFS is
apportioning the amounts shown in Table 3 from the non-specified
reserve to increase the ITAC for AI ``other rockfish'' by 15 percent of
the ``other rockfish'' TAC in 2021 and 2022.
[[Page 11456]]
Table 3--Final 2021 and 2022 Apportionment of Non-Specified Reserves to ITAC Categories
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2021 reserve 2022 reserve
Species-area or subarea 2021 ITAC amount 2021 final TAC 2022 ITAC amount 2022 final TAC
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other rockfish-Aleutian Islands subarea................. 335 59 394 335 59 394
-----------------------------------------------------------------------------------------------
Total............................................... 335 59 394 335 59 394
--------------------------------------------------------------------------------------------------------------------------------------------------------
Allocation of Pollock TAC Under the American Fisheries Act (AFA)
Section 679.20(a)(5)(i)(A) requires that the BS pollock TAC be
apportioned as a DFA, after subtracting 10 percent for the CDQ program
and 4 percent for the ICA, as follows: 50 percent to the inshore
sector, 40 percent to the catcher/processor (CP) sector, and 10 percent
to the mothership sector. In the BS, 45 percent of the DFA is allocated
to the A season (January 20-June 10), and 55 percent of the DFA is
allocated to the B season (June 10-November 1) (Sec. Sec.
679.20(a)(5)(i)(B)(1) and 679.23(e)(2)). The AI directed pollock
fishery allocation to the Aleut Corporation is the amount of pollock
TAC remaining in the AI after subtracting 1,900 mt for the CDQ DFA (10
percent) and 2,500 mt for the ICA (Sec. 679.20(a)(5)(iii)(B)(2)). In
the AI, the total A season apportionment of the TAC (including the AI
directed fishery allocation, the CDQ DFA, and the ICA) may equal up to
40 percent of the ABC for AI pollock, and the remainder of the TAC is
allocated to the B season (Sec. 679.20(a)(5)(iii)(B)(3)). Tables 4 and
5 list these 2021 and 2022 amounts.
Section 679.20(a)(5)(iii)(B)(6) sets harvest limits for pollock in
the A season (January 20 to June 10) in Areas 543, 542, and 541. In
Area 543, the A season pollock harvest limit is no more than 5 percent
of the AI pollock ABC. In Area 542, the A season pollock harvest limit
is no more than 15 percent of the AI pollock ABC. In Area 541, the A
season pollock harvest limit is no more than 30 percent of the AI
pollock ABC.
Section 679.20(a)(5)(i)(A)(4) also includes several specific
requirements regarding BS pollock allocations. First, it requires that
8.5 percent of the pollock allocated to the CP sector be available for
harvest by AFA catcher vessels (CVs) with CP sector endorsements,
unless the Regional Administrator receives a cooperative contract that
allows for the distribution of harvest among AFA CPs and AFA CVs in a
manner agreed to by all members. Second, AFA CPs not listed in the AFA
are limited to harvesting not more than 0.5 percent of the pollock
allocated to the CP sector. Tables 4 and 5 list the 2021 and 2022
allocations of pollock TAC. Table 20 lists the AFA CP prohibited
species sideboard limits, and Tables 21 and 22 list the AFA CV
groundfish and prohibited species sideboard limits. The tables for the
pollock allocations to the BS inshore pollock cooperatives and open
access sector will be posted on the Alaska Region website at https://www.fisheries.noaa.gov/alaska/sustainable-fisheries/alaska-groundfish-fisheries-management.
Tables 4 and 5 also list seasonal apportionments of pollock and
harvest limits within the Steller Sea Lion Conservation Area (SCA). The
harvest of pollock within the SCA, as defined at Sec.
679.22(a)(7)(vii), is limited to no more than 28 percent of the annual
pollock DFA before 12:00 noon, April 1, as provided in Sec.
679.20(a)(5)(i)(C). The A season pollock SCA harvest limit will be
apportioned to each sector in proportion to each sector's allocated
percentage of the DFA.
Table 4--Final 2021 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2021 A season \1\ 2021 B season
2021 -------------------------------- \1\
Area and sector Allocations SCA harvest ---------------
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\...................... 1,375,000 n/a n/a n/a
CDQ DFA......................................... 137,500 61,875 38,500 75,625
ICA \1\......................................... 49,500 n/a n/a n/a
Total Bering Sea non-CDQ DFA.................... 1,188,000 534,600 332,640 653,400
AFA Inshore..................................... 594,000 267,300 166,320 326,700
AFA Catcher/Processors \3\...................... 475,200 213,840 133,056 261,360
Catch by CPs................................ 434,808 195,664 n/a 239,144
Catch by CVs \3\............................ 40,392 18,176 n/a 22,216
Unlisted CP Limit \4\....................... 2,376 1,069 n/a 1,307
AFA Motherships................................. 118,800 53,460 33,264 65,340
Excessive Harvesting Limit \5\.................. 207,900 n/a n/a n/a
Excessive Processing Limit \6\.................. 356,400 n/a n/a n/a
AI subarea ABC.................................. 51,241 n/a n/a n/a
AI subarea TAC \1\.............................. 19,000 n/a n/a n/a
CDQ DFA......................................... 1,900 1,900 n/a ..............
ICA............................................. 2,500 1,250 n/a 1,250
Aleut Corporation............................... 14,600 14,600 n/a ..............
Area harvest limit \7\.......................... n/a n/a n/a n/a
541......................................... 15,372 n/a n/a n/a
542......................................... 7,686 n/a n/a n/a
543......................................... 2,562 n/a n/a n/a
[[Page 11457]]
Bogoslof District ICA \8\....................... 250 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the Bering Sea (BS) subarea pollock TAC, after subtracting the CDQ
DFA (10 percent) and the ICA (4 percent), is allocated as a DFA as follows: Inshore sector--50 percent,
catcher/processor sector (CP)--40 percent, and mothership sector--10 percent. In the BS subarea, 45 percent of
the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to the B
season (June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) through (iii), the annual AI
subarea pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,500 mt),
is allocated to the Aleut Corporation for a pollock directed fishery. In the AI subarea, the A season is
allocated up to 40 percent of the AI pollock ABC.
\2\ In the BS subarea, pursuant to Sec. 679.20(a)(5)(i)(C), no more than 28 percent of each sector's annual
DFA may be taken from the SCA before noon, April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed CPs shall be available
for harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a
CP sector cooperative for the year.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
not more than 0.5 percent of the catcher/processor sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the non-CDQ pollock DFAs.
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
percent of the AI pollock ABC.
\8\ Pursuant to Sec. 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
amounts specified are for incidental catch only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Table 5--Final 2022 Allocations of Pollock TACS to the Directed Pollock Fisheries and to the CDQ Directed
Fishing Allowances (DFA) \1\
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2022 A season \1\ 2022 B season
2022 -------------------------------- \1\
Area and sector Allocations SCA harvest ---------------
A season DFA limit \2\ B season DFA
----------------------------------------------------------------------------------------------------------------
Bering Sea subarea TAC \1\...................... 1,400,000 n/a n/a n/a
CDQ DFA......................................... 140,000 63,000 39,200 77,000
ICA \1\......................................... 50,400 n/a n/a n/a
Total Bering Sea non-CDQ DFA.................... 1,209,600 544,320 338,688 665,280
AFA Inshore..................................... 604,800 272,160 169,344 332,640
AFA Catcher/Processors \3\...................... 483,840 217,728 135,475 266,112
Catch by CPs................................ 442,714 199,221 n/a 243,492
Catch by CVs \3\............................ 41,126 18,507 n/a 22,620
Unlisted CP Limit \4\....................... 2,419 1,089 n/a 1,331
AFA Motherships................................. 120,960 54,432 33,869 66,528
Excessive Harvesting Limit \5\.................. 211,680 n/a n/a n/a
Excessive Processing Limit \6\.................. 362,880 n/a n/a n/a
AI subarea ABC.................................. 50,789 n/a n/a n/a
AI subarea TAC \1\.............................. 19,000 n/a n/a n/a
CDQ DFA......................................... 1,900 1,900 n/a ..............
ICA............................................. 2,500 1,250 n/a 1,250
Aleut Corporation............................... 14,600 14,600 n/a ..............
Area harvest limit \7\.......................... n/a n/a n/a n/a
541......................................... 15,237 n/a n/a n/a
542......................................... 7,618 n/a n/a n/a
543......................................... 2,539 n/a n/a n/a
Bogoslof District ICA \8\....................... 100 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
\1\ Pursuant to Sec. 679.20(a)(5)(i)(A), the Bering Sea (BS) subarea pollock TAC, after subtracting the CDQ
DFA (10 percent) and the ICA (4 percent), is allocated as a DFA as follows: Inshore sector--50 percent,
catcher/processor sector (CP)--40 percent, and mothership sector--10 percent. In the BS subarea, 45 percent of
the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to the B
season (June 10-November 1). Pursuant to Sec. 679.20(a)(5)(iii)(B)(2)(i) through (iii), the annual AI
subarea pollock TAC, after subtracting first for the CDQ DFA (10 percent) and second for the ICA (2,500 mt),
is allocated to the Aleut Corporation for a pollock directed fishery. In the AI subarea, the A season is
allocated up to 40 percent of the AI pollock ABC.
\2\ In the BS subarea, pursuant to Sec. 679.20(a)(5)(i)(C), no more than 28 percent of each sector's annual
DFA may be taken from the SCA before noon, April 1.
\3\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4), 8.5 percent of the DFA allocated to listed CPs shall be available
for harvest only by eligible catcher vessels with a CP endorsement delivering to listed CPs, unless there is a
CP sector cooperative for the year.
\4\ Pursuant to Sec. 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting
not more than 0.5 percent of the catcher/processor sector's allocation of pollock.
\5\ Pursuant to Sec. 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5
percent of the sum of the non-CDQ pollock DFAs.
[[Page 11458]]
\6\ Pursuant to Sec. 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0
percent of the sum of the non-CDQ pollock DFAs.
\7\ Pursuant to Sec. 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in
Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5
percent of the AI pollock ABC.
\8\ Pursuant to Sec. 679.22(a)(7)(B), the Bogoslof District is closed to directed fishing for pollock. The
amounts specified are for incidental catch only and are not apportioned by season or sector.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the Atka Mackerel TACs
Section 679.20(a)(8) allocates the Atka mackerel TACs to the
Amendment 80 and BSAI trawl limited access sectors, after subtracting
the CDQ reserves, ICAs for the BSAI trawl limited access sector and
non-trawl gear sector, and the jig gear allocation (Tables 6 and 7).
The percentage of the ITAC for Atka mackerel allocated to the Amendment
80 and BSAI trawl limited access sectors is listed in Table 33 to 50
CFR part 679 and in Sec. 679.91. Pursuant to Sec. 679.20(a)(8)(i), up
to 2 percent of the EAI and the BS Atka mackerel TAC may be allocated
to vessels using jig gear. The percent of this allocation is
recommended annually by the Council based on several criteria,
including, among other criteria, the anticipated harvest capacity of
the jig gear fleet. The Council recommended, and NMFS approves, a 0.5
percent allocation of the Atka mackerel ITAC in the EAI and BS to the
jig gear sector in 2021 and 2022.
Section 679.20(a)(8)(ii)(A) apportions the Atka mackerel TAC into
two equal seasonal allowances. Section 679.23(e)(3) sets the first
seasonal allowance for directed fishing with trawl gear from January 20
through June 10 (A season), and the second seasonal allowance from June
10 through December 31 (B season). Section 679.23(e)(4)(iii) applies
Atka mackerel seasons to CDQ Atka mackerel trawl fishing. The ICAs and
jig gear allocations are not apportioned by season.
Sections 679.20(a)(8)(ii)(C)(1)(i) and (ii) limits Atka mackerel
catch within waters 0 nmi to 20 nmi of Steller sea lion sites listed in
Table 6 to 50 CFR part 679 and located west of 178[deg] W longitude to
no more than 60 percent of the annual TACs in Areas 542 and 543, and
equally divides the annual TACs between the A and B seasons as defined
at Sec. 679.23(e)(3). Section 679.20(a)(8)(ii)(C)(2) requires that the
annual TAC in Area 543 will be no more than 65 percent of the ABC in
Area 543. Section 679.20(a)(8)(ii)(D) requires that any unharvested
Atka mackerel A season allowance that is added to the B season be
prohibited from being harvested within waters 0 nmi to 20 nmi of
Steller sea lion sites listed in Table 6 to 50 CFR part 679 and located
in Areas 541, 542, and 543.
Tables 6 and 7 list these 2021 and 2022 Atka mackerel seasonal and
area allowances, and the sector allocations. One Amendment 80
cooperative has formed for the 2021 fishing year. Because all Amendment
80 vessels are part of the sole Amendment 80 cooperative, no allocation
to the Amendment 80 limited access sector is required for 2021. The
2022 allocations for Atka mackerel between Amendment 80 cooperatives
and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by
November 1, 2021.
Table 6--Final 2021 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
Amendment 80 Allocations of the BSAI ATKA Mackerel TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2021 allocation by area
--------------------------------------------------------
Sector \1\ Season 2 3 4 Eastern Aleutian
district/Bering Central Aleutian Western Aleutian
Sea district \5\ district
----------------------------------------------------------------------------------------------------------------
TAC.............................. n/a................. 25,760 15,450 21,047
CDQ reserve...................... Total............... 2,756 1,653 2,252
A................... 1,378 827 1,126
Critical Habitat.... n/a 496 676
B................... 1,378 827 1,126
Critical Habitat.... n/a 496 676
Non-CDQ TAC...................... n/a................. 23,004 13,797 18,795
ICA.............................. Total............... 800 75 20
Jig \6\.......................... Total............... 111 ................. .................
BSAI trawl limited access........ Total............... 2,209 1,372 .................
A................... 1,105 686 .................
Critical Habitat.... n/a 412 .................
B................... 1,105 686 .................
Critical Habitat.... n/a 412 .................
Amendment 80 sector.............. Total............... 19,883 12,350 18,775
A................... 9,942 6,175 9,387
Critical Habitat.... n/a 3,705 5,632
B................... 9,942 6,175 9,387
Critical Habitat.... n/a 3,705 5,632
----------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig
gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR
part 679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
Sec. 679.20(b)(1)(ii)(C) and 679.31).
\2\ Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
fishery.
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
January 20 to June 10 and the B season from June 10 to December 31.
[[Page 11459]]
\5\ Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to
be caught inside of Steller sea lion critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the
annual TACs between the A and B seasons as defined at Sec. 679.23(e)(3); and section 679.20(a)(8)(ii)(C)(2)
requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\6\ Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the EAI District and the BS subarea TAC
be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets the amount of this
allocation for 2021 at 0.5 percent. The jig gear allocation is not apportioned by season.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Table 7--Final 2022 Seasonal and Spatial Allowances, Gear Shares, CDQ Reserve, Incidental Catch Allowance, and
Amendment 80 Allocation of the BSAI ATKA Mackerel TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2022 allocation by area
--------------------------------------------------------
Sector \1\ Season 2 3 4 Eastern Aleutian
district/Bering Central Aleutian Western Aleutian
Sea \5\ district \5\ district \5\
----------------------------------------------------------------------------------------------------------------
TAC.............................. n/a................. 23,880 14,330 19,507
CDQ reserve...................... Total............... 2,555 1,533 2,087
A................... 1,278 767 1,044
Critical Habitat.... n/a 460 626
B................... 1,278 767 1,044
Critical Habitat.... n/a 460 626
non-CDQ TAC...................... n/a................. 21,325 12,797 17,420
ICA.............................. Total............... 800 75 20
Jig \6\.......................... Total............... 103 ................. .................
BSAI trawl limited access........ Total............... 2,042 1,272 .................
A................... 1,021 636 .................
Critical Habitat.... n/a 382 .................
B................... 1,021 636 .................
Critical Habitat.... n/a 382 .................
Amendment 80 sectors \7\......... Total............... 18,380 11,450 17,400
A................... 9,190 5,725 8,700
Critical Habitat.... n/a 3,435 5,220
B................... 9,190 5,725 8,700
Critical Habitat.... n/a 3,435 5,220
----------------------------------------------------------------------------------------------------------------
\1\ Section 679.20(a)(8)(ii) allocates the Atka mackerel TACs, after subtracting the CDQ reserves, ICAs, and jig
gear allocation, to the Amendment 80 and BSAI trawl limited access sectors. The allocation of the ITAC for
Atka mackerel to the Amendment 80 and BSAI trawl limited access sectors is established in Table 33 to 50 CFR
part 679 and Sec. 679.91. The CDQ reserve is 10.7 percent of the TAC for use by CDQ participants (see Sec.
Sec. 679.20(b)(1)(ii)(C) and 679.31).
\2\ Sections 679.20(a)(8)(ii)(A) and 679.22(a) establish temporal and spatial limitations for the Atka mackerel
fishery.
\3\ The seasonal allowances of Atka mackerel are 50 percent in the A season and 50 percent in the B season.
\4\ Section 679.23(e)(3) authorizes directed fishing for Atka mackerel with trawl gear during the A season from
January 20 to June 10 and the B season from June 10 to December 31.
\5\ Section 679.20(a)(8)(ii)(C)(1)(i) limits no more than 60 percent of the annual TACs in Areas 542 and 543 to
be caught inside of Steller sea lion critical habitat; section 679.20(a)(8)(ii)(C)(1)(ii) equally divides the
annual TACs between the A and B seasons as defined at Sec. 679.23(e)(3); and section 679.20(a)(8)(ii)(C)(2)
requires that the TAC in Area 543 shall be no more than 65 percent of ABC in Area 543.
\6\ Sections 679.2 and 679.20(a)(8)(i) require that up to 2 percent of the EAI District and the BS subarea TAC
be allocated to jig gear after subtracting the CDQ reserve and the ICA. NMFS sets the amount of this
allocation for 2022 at 0.5 percent. The jig gear allocation is not apportioned by season.
\7\ The 2022 allocations for Atka mackerel between Amendment 80 cooperatives and the Amendment 80 limited access
sector will not be known until eligible participants apply for participation in the program by November 1,
2021.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the Pacific Cod TAC
The Council separated BSAI subarea OFLs, ABCs, and TACs for Pacific
cod in 2014 (79 FR 12108, March 4, 2014). Section 679.20(b)(1)(ii)(C)
allocates 10.7 percent of the BS TAC and the AI TAC to the CDQ program.
After CDQ allocations have been deducted from the respective BS and AI
Pacific cod TACs, the remaining BSAI Pacific cod TACs are combined for
calculating further BSAI Pacific cod sector allocations. If the non-CDQ
Pacific cod TAC is or will be reached in either the BS or the AI
subareas, NMFS will prohibit non-CDQ directed fishing for Pacific cod
in that subarea as provided in Sec. 679.20(d)(1)(iii).
Sections 679.20(a)(7)(i) and (ii) allocate to the non-CDQ sectors
the Pacific cod TAC in the combined BSAI, after subtracting 10.7
percent for the CDQ program, as follows: 1.4 percent to vessels using
jig gear; 2.0 percent to hook-and-line or pot CVs less than 60 ft (18.3
m) length overall (LOA); 0.2 percent to hook-and-line CVs greater than
or equal to 60 ft (18.3 m) LOA; 48.7 percent to hook-and-line CPs; 8.4
percent to pot CVs greater than or equal to 60 ft (18.3 m) LOA; 1.5
percent to pot CPs; 2.3 percent to AFA trawl CPs; 13.4 percent to
Amendment 80 sector; and 22.1 percent to trawl CVs. The ICA for the
hook-and-line and pot sectors will be deducted from the aggregate
portion of Pacific cod TAC allocated to the hook-and-line and pot
sectors. For 2021 and 2022, the Regional Administrator establishes an
ICA of 400 mt based on anticipated incidental catch by these sectors in
other fisheries.
The ITAC allocation of Pacific cod to the Amendment 80 sector is
established in Table 33 to 50 CFR part 679 and Sec. 679.91. One
Amendment 80 cooperative has formed for the 2021 fishing year. Because
all Amendment 80 vessels are part of the sole Amendment 80 cooperative,
no allocation to the Amendment 80 limited access sector is required for
2021. The 2022 allocations for Pacific cod between Amendment 80
cooperatives and the Amendment 80 limited access sector will not be
known until eligible participants apply for
[[Page 11460]]
participation in the program by November 1, 2021.
The sector allocations of Pacific cod are apportioned into seasonal
allowances to disperse the Pacific cod fisheries over the fishing year
(see Sec. Sec. 679.20(a)(7)(i)(B), 679.20(a)(7)(iv)(A), and
679.23(e)(5)). In accordance with Sec. 679.20(a)(7)(iv)(B) and (C),
any unused portion of a seasonal Pacific cod allowance for any sector,
except the jig sector, will become available at the beginning of that
sector's next seasonal allowance.
Section 679.20(a)(7)(vii) requires that the Regional Administrator
establish an Area 543 Pacific cod harvest limit based on Pacific cod
abundance in Area 543 as determined by the annual stock assessment
process. Based on the 2020 stock assessment, the Regional Administrator
determined for 2021 and 2022 the estimated amount of Pacific cod
abundance in Area 543 is 15.7 percent of the total AI abundance. To
calculate the Area 543 Pacific cod harvest limit, NMFS first subtracts
the State GHL Pacific cod amount from the AI Pacific cod ABC. Then NMFS
determines the harvest limit in Area 543 by multiplying the percentage
of Pacific cod estimated in Area 543 (15.7 percent) by the remaining
ABC for AI Pacific cod. Based on these calculations, the Area 543
harvest limit is 2,166 mt for 2021 and 2022.
On March 21, 2019, the final rule adopting Amendment 113 to the FMP
(81 FR 84434, November 23, 2016) was vacated by the U.S. District Court
for the District of Columbia (Groundfish Forum v. Ross, No. 16-2495
(D.D.C. March 21, 2019)), and the corresponding regulations
implementing Amendment 113 are no longer in effect. Therefore, this
final rule is not specifying amounts for the AI Pacific Cod Catcher
Vessel Harvest Set-Aside Program (see Sec. 679.20(a)(7)(viii)).
Table 8 and Table 9 list the CDQ and non-CDQ seasonal allowances by
gear, as well as the non-CDQ sector allocations, based on the final
2021 and 2022 Pacific cod TACs.
Table 8--Final 2021 Sector Allocations and Seasonal Allowances of the BSAI Pacific Cod TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2021 seasonal apportionment
Sector Percent 2021 share of 2021 share of ---------------------------------
total sector total Season Amount
----------------------------------------------------------------------------------------------------------------
BS TAC........................ n/a 111,380 n/a n/a............. n/a
BS CDQ........................ n/a 11,918 n/a see Sec. n/a
679.20(a)(7)(i)
(B).
BS non-CDQ TAC................ n/a 99,462 n/a n/a............. n/a
AI TAC........................ n/a 13,796 n/a n/a............. n/a
AI CDQ........................ n/a 1,476 n/a see Sec. n/a
679.20(a)(7)(i)
(B).
AI non-CDQ TAC................ n/a 12,320 n/a n/a............. n/a
Western Aleutian Island Limit. n/a 2,166 n/a n/a............. n/a
Total BSAI non-CDQ TAC \1\.... 100 111,782 n/a n/a............. n/a
Total hook-and-line/pot gear.. 60.8 67,964 n/a n/a............. n/a
Hook-and-line/pot ICA \2\..... n/a 400 n/a see Sec. n/a
679.20(a)(7)(ii
)(B).
Hook-and-line/pot sub-total... n/a 67,564 n/a n/a............. n/a
Hook-and-line catcher/ 48.7 n/a 54,118 Jan 1-Jun 10.... 27,600
processor. Jun 10-Dec 31... 26,518
Hook-and-line catcher vessel 0.2 n/a 222 Jan 1-Jun 10.... 113
>=60 ft LOA. Jun 10-Dec 31... 109
Pot catcher/processor......... 1.5 n/a 1,667 Jan 1-Jun 10.... 850
Sept 1-Dec 31... 817
Pot catcher vessel >=60 ft LOA 8.4 n/a 9,334 Jan 1-Jun 10.... 4,761
Sept 1-Dec 31... 4,574
Catcher vessel <60 ft LOA 2.0 n/a 2,222 n/a............. n/a
using hook-and-line or pot
gear.
Trawl catcher vessel.......... 22.1 24,704 n/a Jan 20-Apr 1.... 18,281
Apr 1-Jun 10.... 2,717
Jun 10-Nov 1.... 3,706
AFA trawl catcher/processor... 2.3 2,571 n/a Jan 20-Apr 1.... 1,928
Apr 1-Jun 10.... 643
Jun 10-Nov 1....
Amendment 80.................. 13.4 14,979 n/a Jan 20-Apr 1.... 11,234
Apr 1-Jun 10.... 3,745
Jun 10-Dec 31...
Jig........................... 1.4 1,565 n/a Jan 1-Apr 30.... 939
Apr 30-Aug 31... 313
Aug 31-Dec 31... 313
----------------------------------------------------------------------------------------------------------------
\1\ The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and
AI Pacific cod TACs, after the subtraction of the reserves for the CDQ program. If the TAC for Pacific cod in
either the AI or BS is or will be reached, then directed fishing for Pacific cod in that subarea will be
prohibited, even if a BSAI allowance remains (Sec. 679.20(d)(1)(iii)).
\2\ The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC
allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 400 mt for 2021
based on anticipated incidental catch in these fisheries.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
[[Page 11461]]
Table 9--Final 2022 Sector Allocations and Seasonal Allowances of the BSAI Pacific Cod TAC
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
2022 seasonal apportionment
Sector Percent 2022 share 2022 share of ---------------------------------
total sector total Season Amount
----------------------------------------------------------------------------------------------------------------
BS TAC........................ n/a 95,053 n/a n/a............. n/a
BS CDQ........................ n/a 10,171 n/a see Sec. n/a
679.20(a)(7)(i)
(B).
BS non-CDQ TAC................ n/a 84,882 n/a n/a............. n/a
AI TAC........................ n/a 13,796 n/a n/a............. n/a
AI CDQ........................ n/a 1,476 n/a see Sec. n/a
679.20(a)(7)(i)
(B).
AI non-CDQ TAC................ n/a 12,320 n/a n/a............. n/a
Western Aleutian Island Limit. n/a 2,166 n/a n/a............. n/a
Total BSAI non-CDQ TAC \1\.... n/a 97,202 n/a n/a............. n/a
Total hook-and-line/pot gear.. 60.8 59,099 n/a n/a............. n/a
Hook-and-line/pot ICA \2\..... n/a 400 n/a see Sec. n/a
679.20(a)(7)(ii
)(B).
Hook-and-line/pot sub-total... n/a 58,699 n/a n/a............. n/a
Hook-and-line catcher/ 48.7 n/a 47,017 Jan 1-Jun 10.... 23,979
processor. Jun 10-Dec 31... 23,038
Hook-and-line catcher vessel 0.2 n/a 193 Jan 1-Jun 10.... 98
>=60 ft LOA. Jun 10-Dec 31... 95
Pot catcher/processor......... 1.5 n/a 1,448 Jan 1-Jun 10.... 739
Sept 1-Dec 31... 710
Pot catcher vessel >=60 ft LOA 8.4 n/a 8,110 Jan 1-Jun 10.... 4,136
Sept 1-Dec 31... 3,974
Catcher vessel <60 ft LOA 2.0 n/a 1,931 n/a............. n/a
using hook-and-line or pot
gear.
Trawl catcher vessel.......... 22.1 21,482 n/a Jan 20-Apr 1.... 15,896
Apr 1-Jun 10.... 2,363
Jun 10-Nov 1.... 3,222
AFA trawl catcher/processor... 2.3 2,236 n/a Jan 20-Apr 1.... 1,677
Apr 1-Jun 10.... 559
Jun 10-Nov 1....
Amendment 80.................. 13.4 13,025 n/a Jan 20-Apr 1.... 9,769
Apr 1-Jun 10.... 3,256
Jun 10-Dec 31...
Jig........................... 1.4 1,361 n/a Jan 1-Apr 30.... 816
Apr 30-Aug 31... 272
Aug 31-Dec 31... 272
----------------------------------------------------------------------------------------------------------------
\1\ The sector allocations and seasonal allowances for BSAI Pacific cod TAC are based on the sum of the BS and
AI Pacific cod TACs, after the subtraction of the reserves for the CDQ program. If the TAC for Pacific cod in
either the AI or BS is or will be reached, then directed fishing for Pacific cod in that subarea will be
prohibited, even if a BSAI allowance remains (Sec. 679.20(d)(1)(iii)).
\2\ The ICA for the hook-and-line and pot sectors will be deducted from the aggregate portion of Pacific cod TAC
allocated to the hook-and-line and pot sectors. The Regional Administrator approves an ICA of 400 mt for 2022
based on anticipated incidental catch in these fisheries.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Sablefish Gear Allocation
Sections 679.20(a)(4)(iii) and (iv) require allocation of the
sablefish TAC for the BS and AI subareas between the trawl gear and
hook-and-line or pot gear sectors. Gear allocations of the sablefish
TAC for the BS are 50 percent for trawl gear and 50 percent for hook-
and-line or pot gear. Gear allocations of the TAC for the AI are 25
percent for trawl gear and 75 percent for hook-and-line or pot gear.
Section 679.20(b)(1)(ii)(B) requires that NMFS apportions 20 percent of
the hook-and-line or pot gear allocation of sablefish TAC to the CDQ
reserve for each subarea. Also, Sec. 679.20(b)(1)(ii)(D)(1) requires
that in the BS and AI 7.5 percent of the trawl gear allocation of
sablefish TAC from the non-specified reserve, established under Sec.
679.20(b)(1)(i), be assigned to the CDQ reserve.
The Council recommended that only trawl sablefish TAC be
established biennially. The harvest specifications for the hook-and-
line gear or pot gear sablefish Individual Fishing Quota (IFQ)
fisheries are limited to the 2021 fishing year to ensure those
fisheries are conducted concurrently with the halibut IFQ fishery.
Concurrent sablefish and halibut IFQ fisheries reduce the potential for
discards of halibut and sablefish in those fisheries. The sablefish IFQ
fisheries remain closed at the beginning of each fishing year until the
final harvest specifications for the sablefish IFQ fisheries are in
effect. Table 10 lists the 2021 and 2022 gear allocations of the
sablefish TAC and CDQ reserve amounts.
Table 10--Final 2021 and 2022 Gear Shares and CDQ Reserve of BSAI Sablefish TACS
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2021 share of 2021 CDQ 2022 share of 2022 CDQ
Subarea and gear Percent of TAC TAC 2021 ITAC reserve TAC 2022 ITAC reserve
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bering Sea:
Trawl \1\........................... 50 1,698 1,443 127 2,432 2,067 182
[[Page 11462]]
Hook-and-line/pot gear \2\.......... 50 1,698 1,358 340 n/a n/a n/a
---------------------------------------------------------------------------------------------------------------
Total........................... 100 3,396 2,802 467 2,432 2,067 182
---------------------------------------------------------------------------------------------------------------
Aleutian Islands:
Trawl \1\........................... 25 1,179 1,002 88 1,265 1,075 95
Hook-and-line/pot gear \2\.......... 75 3,538 2,830 708 n/a n/a n/a
---------------------------------------------------------------------------------------------------------------
Total........................... 100 4,717 3,833 796 1,265 1,075 95
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For the sablefish trawl gear allocations, 15 percent of TAC is apportioned to the non-specified reserve (Sec. 679.20(b)(1)(i)). The ITAC is the
remainder of the TAC after subtracting this reserve. In the BS and AI, 7.5 percent of the trawl gear allocation from the non-specified reserve is
assigned to the CDQ reserve (Sec. 679.20(b)(1)(ii)(D)(1)).
\2\ For the portion of the sablefish TAC allocated to vessels using hook-and-line or pot gear, 20 percent of the allocated TAC for the BS and AI is
reserved for use by CDQ participants (Sec. 679.20(b)(1)(ii)(B)). The Council recommended that specifications for the hook-and-line or pot gear
sablefish IFQ fisheries be limited to one year.
Note: Seasonal or sector apportionments may not total precisely due to rounding.
Allocation of the AI Pacific Ocean Perch, and BSAI Flathead Sole, Rock
Sole, and Yellowfin Sole TACs
Sections 679.20(a)(10)(i) and (ii) require that NMFS allocate AI
Pacific ocean perch, and BSAI flathead sole, rock sole, and yellowfin
sole ITACs between the Amendment 80 sector and the BSAI trawl limited
access sector, after subtracting 10.7 percent for the CDQ reserves and
ICAs for the BSAI trawl limited access sector and vessels using non-
trawl gear. The allocations of the ITACs for AI Pacific ocean perch,
and BSAI flathead sole, rock sole, and yellowfin sole to the Amendment
80 sector are established in accordance with Tables 33 and 34 to 50 CFR
part 679 and Sec. 679.91.
One Amendment 80 cooperative has formed for the 2021 fishing year.
Because all Amendment 80 vessels are part of the sole Amendment 80
cooperative, no allocation to the Amendment 80 limited access sector is
required for 2021. The 2022 allocations for Amendment 80 species
between Amendment 80 cooperatives and the Amendment 80 limited access
sector will not be known until eligible participants apply for
participation in the program by November 1, 2021. Tables 11 and 12 list
the 2021 and 2022 allocations of the AI Pacific ocean perch, and BSAI
flathead sole, rock sole, and yellowfin sole TACs.
Table 11--Final 2021 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the AI Pacific Ocean
Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACS
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific ocean perch Flathead sole Rock sole Yellowfin sole
-----------------------------------------------------------------------------------------------
Sector Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
district district district
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC..................................................... 8,419 6,198 10,500 25,000 54,500 200,000
CDQ..................................................... 901 663 1,124 2,675 5,832 21,400
ICA..................................................... 100 60 10 3,000 6,000 4,000
BSAI trawl limited access............................... 742 547 187 .............. .............. 34,782
Amendment 80............................................ 6,676 4,927 9,179 19,325 42,669 139,818
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Sector apportionments may not total precisely due to rounding.
Table 12--Final 2022 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAS), and Amendment 80 Allocations of the AI Pacific Ocean
Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACS
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific ocean perch Flathead sole Rock sole Yellowfin sole
-----------------------------------------------------------------------------------------------
Sector Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
district district district
--------------------------------------------------------------------------------------------------------------------------------------------------------
TAC..................................................... 8,041 5,919 10,500 25,000 54,500 200,000
CDQ..................................................... 860 633 1,124 2,675 5,832 21,400
ICA..................................................... 100 60 10 3,000 6,000 4,000
BSAI trawl limited access............................... 708 523 187 .............. .............. 34,782
[[Page 11463]]
Amendment 80 \1\........................................ 6,373 4,703 9,179 19,325 42,669 139,818
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2022 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by November 1, 2021.
Note: Sector apportionments may not total precisely due to rounding.
Section 679.2 defines the ABC surplus for flathead sole, rock sole,
and yellowfin sole as the difference between the annual ABC and TAC for
each species. Section 679.20(b)(1)(iii) establishes ABC reserves for
flathead sole, rock sole, and yellowfin sole. The ABC surpluses and the
ABC reserves are necessary to mitigate the operational variability,
environmental conditions, and economic factors that may constrain the
CDQ groups and the Amendment 80 cooperatives from achieving, on a
continuing basis, the optimum yield in the BSAI groundfish fisheries.
NMFS, after consultation with the Council, may set the ABC reserve at
or below the ABC surplus for each species, thus maintaining the TAC
below ABC limits. An amount equal to 10.7 percent of the ABC reserves
will be allocated as CDQ ABC reserves for flathead sole, rock sole, and
yellowfin sole. Section 679.31(b)(4) establishes the annual allocations
of CDQ ABC reserves among the CDQ groups. The Amendment 80 ABC reserves
are the ABC reserves minus the CDQ ABC reserves. Section 679.91(i)(2)
establishes each Amendment 80 cooperative ABC reserve to be the ratio
of each cooperatives' quota share units and the total Amendment 80
quota share units, multiplied by the Amendment 80 ABC reserve for each
respective species. Table 13 lists the 2021 and 2022 ABC surplus and
ABC reserves for BSAI flathead sole, rock sole, and yellowfin sole.
Table 13--Final 2021 and 2022 ABC Surplus, ABC Reserves, Community Development Quota (CDQ) ABC Reserves, and Amendment 80 ABC Reserves in the BSAI for
Flathead Sole, Rock Sole, and Yellowfin Sole
[Amounts are in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2021 Flathead 2021 Yellowfin 2022 \1\ 2022 \1\ Rock 2022 \1\
Sector sole 2021 Rock sole sole Flathead sole sole Yellowfin sole
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC..................................................... 62,567 140,306 313,477 64,119 206,605 344,140
TAC..................................................... 25,000 54,500 200,000 25,000 54,500 200,000
ABC surplus............................................. 37,567 85,806 113,477 39,119 152,105 144,140
ABC reserve............................................. 37,567 85,806 113,477 39,119 152,105 144,140
CDQ ABC reserve......................................... 4,020 9,181 12,142 4,186 16,275 15,423
Amendment 80 ABC reserve................................ 33,547 76,625 101,335 34,933 135,830 128,717
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ The 2022 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until
eligible participants apply for participation in the program by November 1, 2021.
PSC Limits for Halibut, Salmon, Crab, and Herring
Sections 679.21(b), (e), (f), and (g) sets forth the BSAI PSC
limits. Pursuant to Sec. 679.21(b)(1), the annual BSAI halibut PSC
limits total 3,515 mt. Section 679.21(b)(1) allocates 315 mt of the
halibut PSC limit as the PSQ reserve for use by the groundfish CDQ
program, 1,745 mt of the halibut PSC limit for the Amendment 80 sector,
745 mt of the halibut PSC limit for the BSAI trawl limited access
sector, and 710 mt of the halibut PSC limit for the BSAI non-trawl
sector.
Sections 679.21(b)(1)(iii)(A) and (B) authorize apportionment of
the BSAI non-trawl halibut PSC limit into PSC allowances among six
fishery categories in Table 17, and Sec. Sec. 679.21(b)(1)(ii)(A) and
(B), (e)(3)(i)(B), and (e)(3)(iv) require apportionment of the trawl
PSC limits in Tables 15 and 16 into PSC allowances among seven fishery
categories.
Pursuant to Section 3.6 of the FMP, the Council recommends, and
NMFS agrees, that certain specified non-trawl fisheries be exempt from
the halibut PSC limit. As in past years, after consultation with the
Council, NMFS exempts the pot gear fishery, the jig gear fishery, and
the sablefish IFQ hook-and-line gear fishery categories from halibut
bycatch restrictions for the following reasons: (1) The pot gear
fisheries have low halibut bycatch mortality; (2) NMFS estimates
halibut mortality for the jig gear fleet to be negligible because of
the small size of the fishery and the selectivity of the gear; and (3)
the sablefish and halibut IFQ fisheries have low halibut bycatch
mortality because the IFQ program requires that legal-size halibut be
retained by vessels using fixed gear if a halibut IFQ permit holder or
a hired master is aboard and is holding unused halibut IFQ for that
vessel category and the IFQ regulatory area in which the vessel is
operating (Sec. 679.7(f)(11)).
The 2020 total groundfish catch for the pot gear fishery in the
BSAI was 41,517 mt, with an associated halibut bycatch mortality of 5
mt. The 2020 jig gear fishery harvested about 10 mt of groundfish. Most
vessels in the jig gear fleet are exempt from observer coverage
requirements. As a result, observer data are not available on halibut
bycatch in the jig gear fishery. As mentioned above, NMFS estimates a
negligible amount of halibut bycatch mortality because of the selective
nature of jig gear and the low mortality rate of halibut caught with
jig gear and released.
[[Page 11464]]
Under Sec. 679.21(f)(2), NMFS annually allocates portions of
either 33,318, 45,000, 47,591, or 60,000 Chinook salmon PSC limits
among the AFA sectors, depending on past bycatch performance, on
whether Chinook salmon bycatch incentive plan agreements (IPAs) are
formed, and on whether NMFS determines it is a low Chinook salmon
abundance year. NMFS will determine that it is a low Chinook salmon
abundance year when abundance of Chinook salmon in western Alaska is
less than or equal to 250,000 Chinook salmon. The State of Alaska
provides to NMFS an estimate of Chinook salmon abundance using the 3-
System Index for western Alaska based on the Kuskokwim, Unalakleet, and
Upper Yukon aggregate stock grouping.
If an AFA sector participates in an approved IPA and has not
exceeded its performance standard under Sec. 679.21(f)(6), and if it
is not a low Chinook salmon abundance year, then NMFS will allocate a
portion of the 60,000 Chinook salmon PSC limit to that sector as
specified in Sec. 679.21(f)(3)(iii)(A). If no IPA is approved, or if
the sector has exceeded its performance standard under Sec.
679.21(f)(6), and if it is not a low abundance year, then NMFS will
allocate a portion of the 47,591 Chinook salmon PSC limit to that
sector as specified in Sec. 679.21(f)(3)(iii)(C). If an AFA sector
participates in an approved IPA and has not exceeded its performance
standard under Sec. 679.21(f)(6), in a low abundance year, then NMFS
will allocate a portion of the 45,000 Chinook salmon PSC limit to that
sector as specified in Sec. 679.21(f)(3)(iii)(B). If no IPA is
approved, or if the sector has exceeded its performance standard under
Sec. 679.21(f)(6), and if in a low abundance year, then NMFS will
allocate a portion of the 33,318 Chinook salmon PSC limit to that
sector as specified in Sec. 679.21(f)(3)(iii)(D).
NMFS has determined that 2020 was a low Chinook salmon abundance
year, based on the State's estimate that Chinook salmon abundance in
western Alaska is less than 250,000 Chinook salmon. Therefore, in 2021,
the Chinook salmon PSC limit is 45,000 Chinook salmon, allocated to
each sector as specified in Sec. 679.21(f)(3)(iii)(B). The AFA sector
Chinook salmon PSC limits are also seasonally apportioned with 70
percent for the A season pollock fishery, and 30 percent for the B
season pollock fishery (Sec. Sec. 679.21(f)(3)(i) and 679.23(e)(2)).
In 2021, the Chinook salmon bycatch performance standard under Sec.
679.21(f)(6) is 33,318 Chinook salmon, allocated to each sector as
specified in Sec. 679.21(f)(3)(iii)(D).
NMFS publishes the approved IPAs, allocations, and reports at
https://alaskafisheries.noaa.gov/sustainablefisheries/bycatch/default.htm.
Section 679.21(g)(2)(i) specifies 700 fish as the 2021 and 2022
Chinook salmon PSC limit for the AI pollock fishery. Section
679.21(g)(2)(ii) allocates 7.5 percent, or 53 Chinook salmon, as the AI
PSQ reserve for the CDQ program, and allocates the remaining 647
Chinook salmon to the non-CDQ fisheries.
Section 679.21(f)(14)(i) specifies 42,000 fish as the 2021 and 2022
non-Chinook salmon PSC limit for vessels using trawl gear from August
15 through October 14 in the Catcher Vessel Operational Area (CVOA).
Section 679.21(f)(14)(ii) allocates 10.7 percent, or 4,494 non-Chinook
salmon, in the CVOA as the PSQ reserve for the CDQ program, and
allocates the remaining 37,506 non-Chinook salmon in the CVOA to the
non-CDQ fisheries.
PSC limits for crab and herring are specified annually based on
abundance and spawning biomass. Section 679.21(e)(3)(i)(A)(1) allocates
10.7 percent from each trawl gear PSC limit specified for crab as a PSQ
reserve for use by the groundfish CDQ program.
Based on the most recent (2019) survey data, the red king crab
mature female abundance is estimated at 9.6668 million red king crabs,
and the effective spawning biomass is estimated at 25.120 million lbs
(11,394 mt). Based on the criteria set out at Sec. 679.21(e)(1)(i),
the 2021 and 2022 PSC limit of red king crab in Zone 1 for trawl gear
is 97,000 animals. This limit derives from the mature female abundance
estimate of more than 8.4 million mature red king crab and the
effective spawning biomass estimate of more than 14.5 million lbs
(6,577 mt) but less than 55 million lbs (24,948 mt).
Section 679.21(e)(3)(ii)(B)(2) establishes criteria under which
NMFS must specify an annual red king crab bycatch limit for the Red
King Crab Savings Subarea (RKCSS) if the State has established a GHL
fishery for red king crab in the Bristol Bay area in the previous year.
The regulations limit the RKCSS red king crab bycatch limit to 25
percent of the red king crab PSC limit, based on the need to optimize
the groundfish harvest relative to red king crab bycatch. In December
2020, the Council recommended and NMFS concurs that the RKCSS red king
crab bycatch limit for 2021 and 2022 be equal to 25 percent of the red
king crab PSC limit (Table 15).
Based on the most recent (2019) survey data, Tanner crab
(Chionoecetes bairdi) abundance is estimated at 541 million animals.
Pursuant to criteria set out at Sec. 679.21(e)(1)(ii), the calculated
2021 and 2022 C. bairdi crab PSC limit for trawl gear is 980,000
animals in Zone 1, and 2,970,000 animals in Zone 2. The limit in Zone 1
is based on the abundance of C. bairdi estimated at 541 million
animals, which is greater than 400 million animals. The limit in Zone 2
is based on the abundance of C. bairdi estimated at 541 million
animals, which is greater than 400 million animals.
Pursuant to Sec. 679.21(e)(1)(iii), the PSC limit for trawl gear
for snow crab (Chionoecetes opilio) is based on total abundance as
indicated by the NMFS annual bottom trawl survey. The C. opilio crab
PSC limit in the C. opilio bycatch limitation zone (COBLZ) is set at
0.1133 percent of the BS abundance index minus 150,000 crabs, unless
the minimum or maximum PSC limit applies. Based on the most recent
(2019) survey estimate of 6.48 billion animals, the calculated C.
opilio crab PSC limit is 7,191,840 animals.
Pursuant to Sec. 679.21(e)(1)(v), the PSC limit of Pacific herring
caught while conducting any trawl operation for BSAI groundfish is 1
percent of the annual eastern BS herring biomass. The best estimate of
2021 and 2022 herring biomass is 272,281 mt. This amount was developed
by the Alaska Department of Fish and Game based on biomass for spawning
aggregations. Therefore, the herring PSC limit for 2021 and 2022 is
2,723 mt for all trawl gear as listed in Tables 14 and 15.
Section 679.21(e)(3)(i)(A) requires that PSQ reserves be subtracted
from the total trawl gear crab PSC limits. The crab and halibut PSC
limits apportioned to the Amendment 80 and BSAI trawl limited access
sectors are listed in Table 35 to 50 CFR part 679. The resulting 2021
and 2022 allocations of PSC limit to CDQ PSQ reserves, the Amendment 80
sector, and the BSAI trawl limited access sector are listed in Table
14. Pursuant to Sec. Sec. 679.21(b)(1)(i), 679.21(e)(3)(vi), and
679.91(d) through (f), crab and halibut trawl PSC limits assigned to
the Amendment 80 sector are then further allocated to Amendment 80
cooperatives as cooperative quota. Crab and halibut PSC cooperative
quota assigned to Amendment 80 cooperatives is not allocated to
specific fishery categories. In 2021, there are no vessels in the
Amendment 80 limited access sector and one Amendment 80 cooperative.
The 2022 PSC allocations between Amendment 80 cooperatives and the
Amendment 80 limited access sector
[[Page 11465]]
will not be known until eligible participants apply for participation
in the program by November 1, 2021. Section 679.21(e)(3)(i)(B) requires
that NMFS, after consultation with the Council, apportion each trawl
PSC limit for crab and herring not assigned to CDQ PSQ reserves or
Amendment 80 cooperatives into PSC bycatch allowances for seven
specified fishery categories in Sec. 679.21(e)(3)(iv).
Sections 679.21(b)(2) and (e)(5) authorize NMFS, after consulting
with the Council, to establish seasonal apportionments of halibut and
crab PSC amounts for the BSAI trawl limited access and non-trawl
sectors in order to maximize the ability of the fleet to harvest the
available groundfish TAC and to minimize bycatch. The factors to be
considered are (1) seasonal distribution of prohibited species, (2)
seasonal distribution of target groundfish species relative to
prohibited species distribution, (3) PSC bycatch needs on a seasonal
basis relevant to prohibited species biomass and expected catches of
target groundfish species, (4) expected variations in bycatch rates
throughout the year, (5) expected changes in directed groundfish
fishing seasons, (6) expected start of fishing effort, and (7) economic
effects of establishing seasonal prohibited species apportionments on
segments of the target groundfish industry. Based on this criteria, the
Council recommended and NMFS approves the seasonal PSC apportionments
in Tables 16 and 17 to maximize harvest among gear types, fisheries,
and seasons while minimizing bycatch of PSC.
Table 14--Final 2021 and 2022 Apportionment of Prohibited Species Catch Allowances to Non-Trawl Gear, the CDQ Program, Amendment 80, and the BSAI Trawl
Limited Access Sectors
--------------------------------------------------------------------------------------------------------------------------------------------------------
Trawl PSC BSAI trawl BSAI PSC
PSC species and area and zone \1\ Total PSC Non-trawl PSC CDQ PSQ remaining Amendment 80 limited access limits not
reserve \2\ after CDQ PSQ sector \3\ sector allocated \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI............. 3,515 710 315 n/a 1,745 745 ..............
Herring (mt) BSAI....................... 2,723 n/a n/a n/a n/a n/a ..............
Red king crab (animals) Zone 1.......... 97,000 n/a 10,379 86,621 43,293 26,489 16,839
C. opilio (animals) COBLZ............... 7,191,840 n/a 769,527 6,422,313 3,156,567 2,064,131 1,201,615
C. bairdi crab (animals) Zone 1......... 980,000 n/a 104,860 875,140 368,521 411,228 95,390
C. bairdi crab (animals) Zone 2......... 2,970,000 n/a 317,790 2,652,210 627,778 1,241,500 782,932
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ The PSQ reserve for crab species is 10.7 percent of each crab PSC limit.
\3\ The Amendment 80 program reduced apportionment of the trawl PSC limits for crab below the total PSC limit. These reductions are not apportioned to
other gear types or sectors.
Table 15--Final 2021 and 2022 Herring and Red King Crab Savings Subarea
Prohibited Species Catch Allowances for all Trawl Sectors
------------------------------------------------------------------------
Red king crab
Fishery categories Herring (mt) (animals) Zone
BSAI 1
------------------------------------------------------------------------
Yellowfin sole.......................... 118 n/a
Rock sole/flathead sole/Alaska plaice/ 58 n/a
other flatfish \1\.....................
Greenland turbot/arrowtooth flounder/ 8 n/a
Kamchatka flounder/sablefish...........
Rockfish................................ 8 n/a
Pacific cod............................. 14 n/a
Midwater trawl pollock.................. 2,472 n/a
Pollock/Atka mackerel/other species \2\ 45 n/a
\3\....................................
Red king crab savings subarea non- n/a 24,250
pelagic trawl gear \4\.................
Total trawl PSC..................... 2,723 97,000
------------------------------------------------------------------------
\1\ ``Other flatfish'' for PSC monitoring includes all flatfish species,
except for halibut (a prohibited species), Alaska plaice, arrowtooth
flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock
sole, and yellowfin sole.
\2\ Pollock other than midwater trawl pollock, Atka mackerel, and
``other species'' fishery category.
\3\ ``Other species'' for PSC monitoring includes skates, sharks, and
octopuses.
\4\ In December 2020, the Council recommended and NMFS approves that the
red king crab bycatch limit for non-pelagic trawl fisheries within the
RKCSS be limited to 25 percent of the red king crab PSC allowance (see
Sec. 679.21(e)(3)(ii)(B)(2)).
Note: Species allowances may not total precisely due to rounding.
Table 16--Final 2021 and 2022 Prohibited Species Bycatch Allowances for the BSAI Trawl Limited Access Sector
----------------------------------------------------------------------------------------------------------------
Prohibited species and area and zone \1\
-------------------------------------------------------------------------------
BSAI trawl limited access Halibut Red king crab C. opilio C. bairdi (animals)
fisheries mortality (mt) (animals) Zone (animals) -------------------------------
BSAI 1 COBLZ Zone 1 Zone 2
----------------------------------------------------------------------------------------------------------------
Yellowfin sole.................. 265 23,338 1,945,831 346,228 1,185,500
Rock sole/flathead sole/Alaska .............. .............. .............. .............. ..............
plaice/other flatfish \2\......
[[Page 11466]]
Greenland turbot/arrowtooth .............. .............. .............. .............. ..............
flounder/Kamchatka flounder/
sablefish......................
Rockfish April 15-December 31... 5 .............. 3,214 .............. 1,000
Pacific cod..................... 300 2,954 82,939 60,000 50,000
Pollock/Atka mackerel/other 175 197 32,147 5,000 5,000
species \3\....................
-------------------------------------------------------------------------------
Total BSAI trawl limited 745 26,489 2,064,131 411,228 1,241,500
access PSC.................
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas and zones.
\2\ ``Other flatfish'' for PSC monitoring includes all flatfish species, except for halibut (a prohibited
species), Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole,
and yellowfin sole.
\3\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.
Note: Seasonal or sector allowances may not total precisely due to rounding.
Table 17--Final 2021 and 2022 Halibut Prohibited Species Bycatch Allowances for Non-Trawl Fisheries
----------------------------------------------------------------------------------------------------------------
Halibut mortality (mt) BSAI
-----------------------------------------------------------------------------------------------------------------
Catcher/
Non-trawl fisheries Seasons processor Catcher vessel All Non-Trawl
----------------------------------------------------------------------------------------------------------------
Pacific cod....................... Total Pacific cod.... 648 13 661.
January 1-June 10.... 388 9 n/a.
June 10-August 15.... 162 2 n/a.
August 15-December 31 98 2 n/a.
Non-Pacific cod non-trawl-Total... May 1-December 31.... n/a n/a 49.
Groundfish pot and jig............ n/a.................. n/a n/a Exempt.
Sablefish hook-and-line........... n/a.................. n/a n/a Exempt.
------------------------------------------------------
Total for all non-trawl PSC... n/a.................. n/a n/a 710.
----------------------------------------------------------------------------------------------------------------
Note: Seasonal or sector allowances may not total precisely due to rounding.
Estimates of Halibut Biomass and Stock Condition
The International Pacific Halibut Commission (IPHC) annually
assesses the abundance and potential yield of the Pacific halibut stock
using all available data from the commercial and sport fisheries, other
removals, and scientific surveys. Additional information on the Pacific
halibut stock assessment may be found in the IPHC's 2020 Pacific
halibut stock assessment (December 2020), available on the IPHC website
at www.iphc.int. The IPHC considered the 2020 Pacific halibut stock
assessment at its January 2021 annual meeting when it set the 2021
commercial halibut fishery catch limits.
Halibut Discard Mortality Rates
To monitor halibut bycatch mortality allowances and apportionments,
the Regional Administrator uses observed halibut incidental catch
rates, halibut discard mortality rates (DMRs), and estimates of
groundfish catch to project when a fishery's halibut bycatch mortality
allowance or seasonal apportionment is reached. Halibut incidental
catch rates are based on observers' estimates of halibut incidental
catch in the groundfish fishery. DMRs are estimates of the proportion
of incidentally caught halibut that do not survive after being returned
to the sea. The cumulative halibut mortality that accrues to a
particular halibut PSC limit is the product of a DMR multiplied by the
estimated halibut PSC. DMRs are estimated using the best scientific
information available in conjunction with the annual BSAI stock
assessment process. The DMR methodology and findings are included as an
appendix to the annual BSAI groundfish SAFE report.
In 2016, the DMR estimation methodology underwent revisions per the
Council's directive. An interagency halibut working group (IPHC,
Council, and NMFS staff) developed improved estimation methods that
have undergone review by the Plan Team, SSC, and the Council. A summary
of the revised methodology is included in the BSAI proposed 2017 and
2018 harvest specifications (81 FR 87863, December 6, 2016), and the
comprehensive discussion of the working group's statistical methodology
is available from the Council (see ADDRESSES). The DMR working group's
revised methodology is intended to improve estimation accuracy,
transparency, and transferability used for calculating DMRs. The
working group will continue to consider improvements to the methodology
used to calculate halibut mortality, including potential changes to the
reference period (the period of data used for calculating the DMRs).
Future DMRs may change based on additional years of observer sampling,
which could provide more recent and accurate data and which could
improve the accuracy of estimation and progress on methodology. The
methodology will continue to ensure that NMFS is using DMRs that more
accurately reflect halibut mortality, which will inform the different
sectors of their estimated halibut mortality and allow specific sectors
to respond with methods that could reduce mortality and, eventually,
the DMR for that sector.
At the December 2020 meeting, the SSC, AP, and the Council
concurred with the revised DMR estimation methodology, and NMFS adopts
for 2021 and 2022 the DMRs calculated under the revised methodology,
which
[[Page 11467]]
uses an updated 2-year reference period. The final 2021 and 2022 DMRs
in this rule are unchanged from the DMRs in the proposed 2021 and 2022
harvest specifications (85 FR 78096, December 3, 2020). Table 18 lists
these final 2021 and 2022 DMRs.
Table 18--2021 and 2022 Pacific Halibut Discard Mortality Rates (DMR)
for the BSAI
------------------------------------------------------------------------
Halibut
discard
Gear Sector mortality rate
(percent)
------------------------------------------------------------------------
Pelagic trawl.................. All.................... 100
Non-pelagic trawl.............. Mothership and catcher/ 84
processor.
Non-pelagic trawl.............. Catcher vessel......... 59
Hook-and-line.................. Catcher/processor...... 9
Hook-and-line.................. Catcher vessel......... 9
Pot............................ All.................... 32
------------------------------------------------------------------------
Directed Fishing Closures
In accordance with Sec. 679.20(d)(1)(i), the Regional
Administrator may establish a DFA for a species or species group if the
Regional Administrator determines that any allocation or apportionment
of a target species has been or will be reached. If the Regional
Administrator establishes a DFA, and that allowance is or will be
reached before the end of the fishing year, NMFS will prohibit directed
fishing for that species or species group in the specified subarea,
regulatory area, or district (see Sec. 679.20(d)(1)(iii)). Similarly,
pursuant to Sec. Sec. 679.21(b)(4) and (e)(7), if the Regional
Administrator determines that a fishery category's bycatch allowance of
halibut, red king crab, C. bairdi crab, or C. opilio crab for a
specified area has been reached, the Regional Administrator will
prohibit directed fishing for each species or species group in that
fishery category in the area specified by regulation for the remainder
of the season or fishing year.
Based on historic catch patterns and anticipated fishing activity,
the Regional Administrator has determined that the groundfish
allocation amounts in Table 19 will be necessary as incidental catch to
support other anticipated groundfish fisheries for the 2021 and 2022
fishing years. Consequently, in accordance with Sec. 679.20(d)(1)(i),
the Regional Administrator establishes the DFA for the species and
species groups in Table 19 as zero mt. Therefore, in accordance with
Sec. 679.20(d)(1)(iii), NMFS is prohibiting directed fishing for these
sectors and species or species groups in the specified areas effective
at 1,200 hours, A.l.t., February 25, 2021, through 2,400 hours, A.l.t.,
December 31, 2022. Also, for the BSAI trawl limited access sector,
bycatch allowances of halibut, red king crab, C. bairdi crab, and C.
opilio crab listed in Table 19 are insufficient to support directed
fisheries. Therefore, in accordance with Sec. Sec. 679.21(b)(4)(i) and
(e)(7), NMFS is prohibiting directed fishing for these sectors,
species, and fishery categories in the specified areas effective at
1200 hours, A.l.t., February 25, 2021, through 2,400 hours, A.l.t.,
December 31, 2022.
Table 19--2021 and 2022 Directed Fishing Closures \1\
[Groundfish and halibut amounts are in metric tons. Crab amounts are in number of animals.]
----------------------------------------------------------------------------------------------------------------
2021 2022
Incidental Incidental
Area Sector Species catch catch
allowance allowance
----------------------------------------------------------------------------------------------------------------
Bogoslof District................. All.................. Pollock.............. 250 100
Aleutian Islands subarea.......... All.................. ICA pollock.......... 2,500 2,500
``Other rockfish'' 394 394
\2\.
Aleutian Islands subarea.......... Trawl non-CDQ........ Sablefish............ 1,002 1,075
Eastern Aleutian District/Bering Non-amendment 80, ICA Atka mackerel.... 800 800
Sea. CDQ, and BSAI trawl
limited access.
Eastern Aleutian District/Bering All.................. Blackspotted/Rougheye 266 128
Sea. rockfish.
Eastern Aleutian District......... Non-amendment 80, ICA Pacific ocean 100 100
CDQ, and BSAI trawl perch.
limited access.
Central Aleutian District......... Non-amendment 80, ICA Atka mackerel.... 75 75
CDQ, and BSAI trawl ICA Pacific ocean 60 60
limited access. perch.
Western Aleutian District......... Non-amendment 80, CDQ ICA Atka mackerel.... 20 20
and BSAI trawl ICA Pacific ocean 10 10
limited access. perch.
Western and Central Aleutian All.................. Blackspotted/Rougheye 144 150
Districts. rockfish.
Bering Sea subarea................ Trawl non-CDQ........ Sablefish............ 1,443 2,067
Bering Sea subarea................ All.................. Pacific ocean perch.. 9,165 8,753
``Other rockfish'' 444 255
\2\. 49,500 50,400
ICA pollock..........
Shortraker rockfish.. 425 191
Skates............... 15,300 13,600
Sharks............... 170 170
Octopuses............ 595 595
Hook-and-line and pot ICA Pacific cod...... 400 400
gear.
Non-amendment 80 and ICA flathead sole.... 3,000 3,000
CDQ. ICA rock sole........ 6,000 6,000
[[Page 11468]]
Non-amendment 80, ICA yellowfin sole... 4,000 4,000
CDQ, and BSAI trawl
limited access.
Rock sole/flathead .............. ..............
sole/other flatfish--
halibut mortality,
red king crab Zone
1, C. opilio COBLZ,
C. bairdi Zone 1 and
2.
BSAI trawl limited Turbot/arrowtooth/
access. Kamchatka/sablefish--
halibut mortality,
red king crab Zone
1, C. opilio COBLZ,
C. bairdi Zone 1 and
2.
Rockfish--red king .............. ..............
crab Zone 1.
----------------------------------------------------------------------------------------------------------------
\1\ Maximum retainable amounts may be found in Table 11 to 50 CFR part 679.
\2\ ``Other rockfish'' includes all Sebastes and Sebastolobus species except for dark rockfish, Pacific ocean
perch, northern rockfish, blackspotted/rougheye rockfish, and shortraker rockfish.
Closures implemented under the final 2020 and 2021 BSAI harvest
specifications for groundfish (85 FR 13553, March 9, 2020) remain
effective under authority of these final 2021 and 2022 harvest
specifications and until the date specified in those notices. Closures
are posted at the following website under the Alaska filter for
Management Area: https://www.fisheries.noaa.gov/rules-and-announcements/bulletins. While these closures are in effect, the
maximum retainable amounts at Sec. Sec. 679.20(e) and (f) apply at any
time during a fishing trip. These closures to directed fishing are in
addition to closures and prohibitions found at 50 CFR part 679.
Listed AFA Catcher/Processor Sideboard Limits
Pursuant to Sec. 679.64(a), the Regional Administrator is
responsible for restricting the ability of listed AFA CPs to engage in
directed fishing for groundfish species other than pollock to protect
participants in other groundfish fisheries from adverse effects
resulting from the AFA fishery and from fishery cooperatives in the
directed pollock fishery. These restrictions are set out as sideboard
limits on catch. On February 8, 2019, NMFS published a final rule (84
FR 2723) that implemented regulations to prohibit non-exempt AFA CPs
from directed fishing for groundfish species or species groups subject
to sideboard limits (see Sec. 679.20(d)(1)(iv)(D) and Table 54 to 50
CFR part 679). Section 679.64(a)(1)(v) exempts AFA CPs from a yellowfin
sole sideboard limit because the final 2021 and 2022 aggregate ITAC of
yellowfin sole assigned to the Amendment 80 sector and BSAI trawl
limited access sector is greater than 125,000 mt.
Section 679.64(a)(2) and Tables 40 and 41 to 50 CFR part 679
establish a formula for calculating PSC sideboard limits for halibut
and crab caught by listed AFA CPs. The basis for these sideboard limits
is described in detail in the final rules implementing the major
provisions of the AFA (67 FR 79692, December 30, 2002) and Amendment 80
(72 FR 52668, September 14, 2007). PSC species listed in Table 20 that
are caught by listed AFA CPs participating in any groundfish fishery
other than pollock will accrue against the final 2021 and 2022 PSC
sideboard limits for the listed AFA CPs. Sections 679.21(b)(4)(iii),
(e)(3)(v), and (e)(7) authorize NMFS to close directed fishing for
groundfish other than pollock for listed AFA CPs once a final 2021 or
2022 PSC sideboard limit listed in Table 20 is reached. Pursuant to
Sec. Sec. 679.21(b)(1)(ii)(C) and (e)(3)(ii)(C), halibut or crab PSC
by listed AFA CPs while fishing for pollock will accrue against the PSC
allowances annually specified for the pollock/Atka mackerel/``other
species'' fishery categories, according to Sec. Sec.
679.21(b)(1)(ii)(B) and (e)(3)(iv).
Table 20--Final 2021 and 2022 BSAI AFA Listed Catcher/Processor Prohibited Species Sideboard Limits
----------------------------------------------------------------------------------------------------------------
2021 and 2022
PSC available to 2021 and 2022
Ratio of PSC trawl vessels AFA catcher/
PSC species and area \1\ catch to total after processor
PSC subtraction of sideboard limit
PSQ \2\ \2\
----------------------------------------------------------------------------------------------------------------
Halibut mortality BSAI.................................... n/a n/a 286
Red king crab Zone 1...................................... 0.0070 86,621 606
C. opilio (COBLZ)......................................... 0.1530 6,422,313 982,614
C. bairdi Zone 1.......................................... 0.1400 875,140 122,520
C. bairdi Zone 2.......................................... 0.0500 2,652,210 132,611
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
AFA Catcher Vessel Sideboard Limits
Pursuant to Sec. 679.64(b), the Regional Administrator is
responsible for restricting the ability of AFA CVs to engage in
directed fishing for groundfish species other than pollock to protect
participants in other groundfish fisheries from adverse effects
resulting from the AFA fishery and from fishery cooperatives in the
pollock directed fishery. On February 8, 2019, NMFS
[[Page 11469]]
published a final rule (84 FR 2723) that implemented regulations to
prohibit non-exempt AFA C/Vs from directed fishing for a majority of
the groundfish species or species groups subject to sideboard limits
(see Sec. 679.20(d)(1)(iv)(D) and Table 55 to 50 CFR part 679).
Section 679.64(b)(6) exempts AFA CVs from a yellowfin sole sideboard
limit because the 2021 and 2022 aggregate ITAC of yellowfin sole
assigned to the Amendment 80 sector and BSAI trawl limited access
sector is greater than 125,000 mt. The remainder of the sideboard
limits for non-exempt AFA C/Vs are in Table 21.
Section 679.64(b)(3) and (b)(4) establish formulas for setting AFA
CV groundfish and halibut and crab PSC sideboard limits for the BSAI.
The basis for these sideboard limits is described in detail in the
final rules implementing the major provisions of the AFA (67 FR 79692,
December 30, 2002) and Amendment 80 (72 FR 52668, September 14, 2007).
Table 21 lists the final 2021 and 2022 AFA CV groundfish sideboard
limits.
Table 21--Final 2021 and 2022 BSAI Pacific Cod Sideboard Limits for American Fisheries Act Catcher Vessels (CVs)
[Amounts are in metric tons]
----------------------------------------------------------------------------------------------------------------
Ratio of 1995- 2021 AFA 2022 AFA
1997 AFA CV 2021 initial catcher vessel 2022 initial catcher vessel
Fishery by area/gear/season catch to 1995- TAC sideboard TAC sideboard
1997 TAC limits limits
----------------------------------------------------------------------------------------------------------------
BSAI............................ n/a n/a n/a n/a n/a
Trawl gear CV................... n/a n/a n/a n/a n/a
Jan 20-Apr 1................ 0.8609 18,281 15,738 15,896 13,685
Apr 1-Jun 10................ 0.8609 2,717 2,339 2,363 2,034
Jun 10-Nov 1................ 0.8609 3,706 3,190 3,222 2,774
----------------------------------------------------------------------------------------------------------------
Note: Section 679.64(b)(6) exempts AFA catcher vessels from a yellowfin sole sideboard limit because the 2021
and 2022 aggregate ITAC of yellowfin sole assigned to the Amendment 80 sector and BSAI trawl limited access
sector is greater than 125,000 mt.
Halibut and crab PSC limits listed in Table 22 that are caught by
AFA CVs participating in any groundfish fishery other than pollock will
accrue against the 2021 and 2022 PSC sideboard limits for the AFA CVs.
Sections 679.21(b)(4)(iii), (e)(3)(v), and (e)(7) authorize NMFS to
close directed fishing for groundfish other than pollock for AFA CVs
once a final 2021 and 2022 PSC sideboard limit listed in Table 22 is
reached. Pursuant to Sec. Sec. 679.21(b)(1)(ii)(C) and (e)(3)(ii)(C),
halibut or crab PSC by AFA CVs while fishing for pollock in the BS will
accrue against the PSC allowances annually specified for the pollock/
Atka mackerel/``other species'' fishery categories under Sec. Sec.
679.21(b)(1)(ii)(B) and (e)(3)(iv).
Table 22--Final 2021 and 2022 American Fisheries Act Catcher Vessel Prohibited Species Catch Sideboard Limits
for the BSAI \1\
----------------------------------------------------------------------------------------------------------------
2021 and 2022
AFA catcher PSC limit 2021 and 2022
Target fishery category vessel PSC after AFA catcher
PSC species and area \1\ \2\ sideboard subtraction of vessel PSC
limit ratio PSQ reserves sideboard
\3\ limit \3\
----------------------------------------------------------------------------------------------------------------
Halibut............................... Pacific cod trawl....... n/a n/a 887
Pacific cod hook-and- n/a n/a 2
line or pot.
Yellowfin sole total.... n/a n/a 101
Rock sole/flathead sole/ n/a n/a 228
Alaska plaice/other
flatfish \4\.
Greenland turbot/ n/a n/a
arrowtooth/Kamchatka/
sablefish.
Rockfish................ n/a n/a 2
Pollock/Atka mackerel/ n/a n/a 5
other species \5\.
Red king crab Zone 1.................. n/a..................... 0.2990 86,621 25,900
C. opilio COBLZ....................... n/a..................... 0.1680 6,422,313 1,078,949
C. bairdi Zone 1...................... n/a..................... 0.3300 875,140 288,796
C. bairdi Zone 2...................... n/a..................... 0.1860 2,652,210 493,311
----------------------------------------------------------------------------------------------------------------
\1\ Refer to Sec. 679.2 for definitions of areas.
\2\ Target trawl fishery categories are defined at Sec. Sec. 679.21(b)(1)(ii)(B) and (e)(3)(iv).
\3\ Halibut amounts are in metric tons of halibut mortality. Crab amounts are in numbers of animals.
\4\ Other flatfish for PSC monitoring includes all flatfish species, except for halibut (a prohibited species),
Alaska plaice, arrowtooth flounder, flathead sole, Greenland turbot, Kamchatka flounder, rock sole, and
yellowfin sole.
\5\ ``Other species'' for PSC monitoring includes skates, sharks, and octopuses.
Response to Comments
NMFS received no comments during the public comment period for the
proposed BSAI groundfish harvest specifications.
Classification
NMFS has determined that the final harvest specifications are
consistent
[[Page 11470]]
with the FMP and with the Magnuson-Stevens Act and other applicable
laws.
This action is authorized under 50 CFR 679.20 and is exempt from
review under Executive Order 12866.
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 Record of Decision (ROD) for the
Final EIS. In January 2021, NMFS prepared a Supplementary Information
Report (SIR) for this action to provide a subsequent assessment of the
action and to address the need to prepare a Supplemental EIS (SEIS) (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 groundfish harvest specifications and alternative
harvest strategies on resources in the action area. Based on the
analysis in the Final EIS, NMFS concluded that the preferred
alternative (Alternative 2) provides the best balance among relevant
environmental, social, and economic considerations and allows for
continued management of the groundfish fisheries based on the most
recent, best scientific information. The preferred alternative is a
harvest strategy in which TACs are set at a level within the range of
ABCs recommended by the Council's SSC; the sum of the TACs must achieve
the OY specified in the FMP. 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 annual SIR evaluates the need to prepare a SEIS for the 2021
and 2022 groundfish harvest specifications. An SEIS should be prepared
if (1) the agency makes substantial changes in the proposed action that
are relevant to environmental concerns; or (2) significant new
circumstances or information exist relevant to environmental concerns
and bearing on the proposed action or its impacts (40 CFR
1502.9(d)(1)). After reviewing the information contained in the SIR and
SAFE reports, the Regional Administrator has determined that (1)
approval of the 2021 and 2022 harvest specifications, which were set
according to the preferred harvest strategy in the Final EIS, does not
constitute a substantial change in the action; and (2) there are no
significant new circumstances or information relevant to environmental
concerns and bearing on the action or its impacts. Additionally, the
2021 and 2022 harvest specifications will result in environmental,
social, and economic impacts within the scope of those analyzed and
disclosed in the Final EIS. Therefore, an SEIS is not necessary to
implement the 2021 and 2022 harvest specifications.
A final regulatory flexibility analysis (FRFA) was prepared.
Section 604 of the Regulatory Flexibility Act (RFA) (5 U.S.C. 604)
requires that, when an agency promulgates a final rule under 5 U.S.C.
553, after being required by that section, or any other law, to publish
a general notice of proposed rulemaking, the agency shall prepare a
FRFA. The following constitutes the FRFA prepared in the final action.
Section 604 of the RFA describes the required contents of a final
regulatory flexibility analysis: (1) A statement of the need for, and
objectives of, the rule; (2) a statement of the significant issues
raised by the public comments in response to the initial regulatory
flexibility analysis, a statement of the assessment of the agency of
such issues, and a statement of any changes made in the proposed rule
as a result of such comments; (3) the response of the agency to any
comments filed by the Chief Counsel for Advocacy of the Small Business
Administration in response to the proposed rule, and a detailed
statement of any change made to the proposed rule in the final rule as
a result of the comments; (4) a description of and an estimate of the
number of small entities to which the rule will apply or an explanation
of why no such estimate is available; (5) a description of the
projected reporting, recordkeeping, and other compliance requirements
of the rule, including an estimate of the classes of small entities
which will be subject to the requirement and the type of professional
skills necessary for preparation of the report or record; and (6) a
description of the steps the agency has taken to minimize the
significant economic impact on small entities consistent with the
stated objectives of applicable statutes, including a statement of the
factual, policy, and legal reasons for selecting the alternative
adopted in the final rule and why each one of the other significant
alternatives to the rule considered by the agency that affect the
impact on small entities was rejected.
A description of this action, its purpose, and its legal basis are
included at the beginning of the preamble to this final rule and are
not repeated here.
NMFS published the proposed rule on December 3, 2020 (85 FR 78096).
NMFS prepared an Initial Regulatory Flexibility Analysis (IRFA) to
accompany the proposed action, and included the IRFA in the proposed
rule. The comment period closed on January 4, 2021. No comments were
received on the IRFA or on the economic impacts of the rule more
generally. The Chief Counsel for Advocacy of the Small Business
Administration did not file any comments on the proposed rule.
The entities directly regulated by this action are those that
harvest groundfish in the exclusive economic zone of the BSAI and in
parallel fisheries within State waters. These include entities
operating catcher vessels and catcher/processors within the action area
and entities receiving direct allocations of groundfish.
For RFA purposes only, NMFS has established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual gross receipts not in excess of $11 million for all its
affiliated operations worldwide.
Using the most recent data available (2019), the estimated number
of directly regulated small entities include approximately 605 catcher
vessels, 56 catcher/processors, and six CDQ groups. Some of these
vessels are members of AFA inshore pollock cooperatives, Gulf of Alaska
rockfish cooperatives, or BSAI Crab Rationalization Program
cooperatives, and, since under the RFA the aggregate gross receipts of
all participating members of the cooperative must meet the ``under $11
million'' threshold, the cooperatives are considered to be large
entities within the meaning of the RFA. Thus, the estimate of 605
catcher vessels may be an overstatement of the number of small
entities. Average gross revenues in 2019 were $500,000 for small hook-
and-line vessels, $1.4 million for small pot vessels, $2.9 million for
small trawl vessels, $7.0 million for hook-and-line CPs, and $3.5
million for pot gear CPs.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
This action implements the final 2021 and 2022 harvest
specifications, apportionments, and prohibited species catch limits for
the groundfish fishery of the BSAI. 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
final harvest
[[Page 11471]]
specifications is governed by the Council's harvest strategy that
governs the catch of groundfish in the BSAI. The harvest strategy was
previously selected from among five alternatives. Under this preferred
alternative harvest strategy, TACs are set within the range of ABCs
recommended by the SSC; the sum of the TACs must achieve the OY
specified in the FMP; and while the specific TAC numbers that the
harvest strategy produces may vary from year to year, the methodology
used for the preferred harvest strategy remains constant. This final
action implements the preferred alternative harvest strategy previously
chosen by the Council to set TACs that fall within the range of ABCs
recommended through the Council harvest specifications process and as
recommended by the Council. This is the method for determining TACs
that has been used in the past.
The final 2021 and 2022 TACs associated with preferred harvest
strategy are those recommended by the Council in December 2020. OFLs
and ABCs for each species or species group were based on
recommendations prepared by the Council's Plan Team, and reviewed by
the Council's SSC. The Council's TAC recommendations are consistent
with the SSC's OFL and ABC recommendations, and the sum of all TACs
remains within the OY for the BSAI consistent with Sec.
679.20(a)(1)(i)(A). Because setting all TACs equal to ABCs would cause
the sum of TACs to exceed an OY of 2.0 million mt, TACs for some
species or species groups are lower than the ABCs recommended by the
Plan Team and the SSC.
The final 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 final 2021 and 2022
TACs are based on the best available biological and socioeconomic
information. The final 2021 and 2022 OFLs, ABCs, and TACs are
consistent with the biological condition of groundfish stocks as
described in the 2020 SAFE report, which is the most recent, completed
SAFE report. Accounting for the most recent biological information to
set the final OFLs, ABCs, and TACs is consistent with the objectives
for this action, as well as National Standard 2 of the Magnuson-Stevens
Act (16 U.S.C. 1851(a)(2)) that actions shall be based on the best
scientific information available.
Under this action, the ABCs reflect harvest amounts that are less
than the specified overfishing levels. The TACs are within the range of
ABCs recommended by the SSC and do not exceed the biological limits
recommended by the SSC (the ABCs and overfishing levels). For some
species and species groups in the BSAI, the Council recommended, and
NMFS sets, TACs equal to ABCs, which is intended to maximize harvest
opportunities in the BSAI. However, NMFS cannot set TACs for all
species in the BSAI equal to their ABCs due to the constraining OY
limit of 2.0 million mt. For this reason, some final TACs are less than
the final ABCs. These specific reductions were reviewed and adopted by
the Council for the final 2021 and 2022 TACs.
Based on the best available scientific data, and in consideration
of the Council's objectives for this action, there are no significant
alternatives that have the potential to accomplish the 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 final rule on small entities. This
action is economically beneficial to entities operating in the BSAI,
including small entities. The action specifies TACs for commercially-
valuable species in the BSAI 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 these final harvest
specifications would best accomplish the stated objectives articulated
in the preamble for this final rule and in applicable statutes, and
would minimize to the extent practicable adverse economic impacts on
the universe of directly regulated small entities.
Adverse impacts on marine mammals, or endangered or threatened
species, resulting from fishing activities conducted under this rule
are discussed in the Final EIS and its accompanying annual SIRs (see
ADDRESSES).
Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for
Fisheries, NOAA, finds good cause to waive the 30-day delay in
effectiveness for this rule because delaying this rule is contrary to
the public interest. The Plan Team review of the 2020 SAFE report
occurred in November 2020, and based on the 2020 SAFE report the
Council considered and recommended the final harvest specifications in
December 2020. Accordingly, NMFS's review of the final 2021 and 2022
harvest specifications could not begin until after the December 2020
Council meeting, and after the public had time to comment on the
proposed action.
For all fisheries not currently closed because the TACs established
under the final 2020 and 2021 harvest specifications (85 FR 13553,
March 9, 2020) were not reached, it is possible that they would be
closed prior to the expiration of a 30-day delayed effectiveness period
because their TACs could be reached within that period. If implemented
immediately, this rule would allow these fisheries to continue fishing
because some of the new TACs implemented by this rule are higher than
the TACs under which they are currently fishing.
In addition, immediate effectiveness of this action is required to
provide consistent management and conservation of fishery resources
based on the best available scientific information. This is
particularly pertinent for those species that have lower 2021 ABCs and
TACs than those established in the 2020 and 2021 harvest specifications
(85 FR 13553, March 9, 2020). If implemented immediately, this rule
would ensure that NMFS can properly manage those fisheries for which
this rule sets lower 2021 ABCs and TACs, which are based on the most
recent biological information on the condition of stocks, rather than
managing species under the higher TACs set in the previous year's
harvest specifications.
Certain fisheries, such as those for pollock, are intensive, fast-
paced fisheries. Other fisheries, such as those for sablefish,
flatfish, rockfish, Atka mackerel, skates, sharks, and octopuses, are
critical as directed fisheries and as incidental catch in other
fisheries. U.S. fishing vessels have demonstrated the capacity to catch
the TAC allocations in many of these fisheries. If the effectiveness of
this rule were delayed 30 days and if a TAC were reached during those
30 days, NMFS would close directed fishing or prohibit retention for
the applicable species. Any delay in allocating the final TACs in these
fisheries would cause confusion to the industry and potential economic
harm through unnecessary discards, thus undermining the intent of this
rule. Waiving the 30-day delay allows NMFS to prevent economic loss to
fishermen that could otherwise occur should the 2021 TACs (set under
the 2020 and 2021 harvest specifications) be reached. Determining which
fisheries may close is nearly impossible because these fisheries are
affected by several factors that cannot be predicted in advance,
including fishing effort, weather, movement of fishery stocks, and
market price. Furthermore, the closure of one
[[Page 11472]]
fishery has a cascading effect on other fisheries by freeing-up fishing
vessels, allowing them to move from closed fisheries to open ones,
increasing the fishing capacity in those open fisheries, and causing
them to close at an accelerated pace.
In fisheries subject to declining sideboard limits, a failure to
implement the updated sideboard limits before initial season's end
could deny the intended economic protection to the non-sideboard
limited sectors. Conversely, in fisheries with increasing sideboard
limits, economic benefit could be denied to the sideboard-limited
sectors.
If the final harvest specifications are not effective by March 6,
2021, which is the start of the 2021 Pacific halibut season as
specified by the IPHC, the fixed gear sablefish fishery will not begin
concurrently with the Pacific halibut IFQ season. Delayed effectiveness
of this action would result in confusion for sablefish harvesters and
economic harm from unnecessary discard of sablefish that are caught
along with Pacific halibut, as both fixed gear sablefish and Pacific
halibut are managed under the same IFQ program. Immediate effectiveness
of the final 2021 and 2022 harvest specifications will allow the
sablefish IFQ fishery to begin concurrently with the Pacific halibut
IFQ season.
Finally, immediate effectiveness also would provide the fishing
industry the earliest possible opportunity to plan and conduct its
fishing operations with respect to new information about TAC limits.
Therefore, NMFS finds good cause to waive the 30-day delay in the date
of effectiveness under 5 U.S.C. 553(d)(3).
Small Entity Compliance Guide
This final rule is a plain language guide to assist small entities
in complying with this final rule as required by the Small Business
Regulatory Enforcement Fairness Act of 1996. This final rule's primary
purpose is to announce the final 2021 and 2022 harvest specifications
and prohibited species bycatch allowances for the groundfish fisheries
of the BSAI. This action is necessary to establish harvest limits and
associated management measures for groundfish during the 2021 and 2022
fishing years and is taken in accordance with the FMP prepared by the
Council pursuant to the Magnuson-Stevens Act. This action directly
affects all fishermen who participate in the BSAI fisheries. The
specific amounts of OFL, ABC, TAC, and PSC amounts are provided in
tables to assist the reader. NMFS will announce closures of directed
fishing in the Federal Register and information bulletins released by
the Alaska Region. Affected fishermen should keep themselves informed
of such closures.
Authority: 16 U.S.C. 773 et seq.; 16 U.S.C. 1540(f); 16 U.S.C.
1801 et seq.; 16 U.S.C. 3631 et seq.; Pub. L. 105-277; Pub. L. 106-
31; Pub. L. 106-554; Pub. L. 108-199; Pub. L. 108-447; Pub. L. 109-
241; Pub. L. 109-479.
Dated: February 17, 2021.
Samuel D. Rauch, III
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2021-03564 Filed 2-24-21; 8:45 am]
BILLING CODE 3510-22-P
